HomeMy WebLinkAbout9/26/1995w- MINUTEl"ATTACIIEDm
NOA[ID OF OO MTV COMMISSIONERS
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A C S N D A
TUESDAY, SEPTEMBER 26,1995
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. rAi.i. TOO DER
2. INVOCATION None
3. PT.EDGF OF AI i FGIANCF - Charles P. Vitunac
4. ADDITIONS to the A ENDAZEMIERGENCY ITEMS
1. Add Item 13-A, discussion regarding regulation of
commercial bingo games.
None
►I I Irl 1 Y
A. Regular Meeting of September 5, 1995
B. Special Meeting of September 6, 1995
C. Regular Meeting of September 12, 1995
7. CONSENT AGENDA
A. Annual Cooperative Forestry Assistance Report
(letter dated September 14, 1995)
B. Report DR -505 - List of Errors, Insolvencies,
Double Assessments, and Discounts for the
1994 Tax Roll
(memorandum dated September 18, 1995)
► \YA ►II YMMITIV,
C. Award Bid #6007 / Asphalt
(memorandum dated September 13, 1995)
D. Award Bid #6002 / Road Stabilization Material
(memorandum dated September 13, 1995)
E. Award Bid #6014 / Annual Co -Op Gasoline,
Diesel Fuel, Motor Oil & Lubricants
(memorandum dated September 18, 1995)
F. Award Bid #6011 / Sulfuric Acid & Anti-
Scalant
(memorandum dated September 19, 1995)
G. Additional Right -of -Way; I.R. Blvd. South
(memorandum dated September 18, 1995)
H. Release of Lien for Signature (Ronald Doman)
(memorandum dated September 15, 1995)
I. Miscellaneous Budget Amendment 024
(memorandum dated September 20, 1995)
\ YYII J1Y
WEI 1911 W:WW NJ D1
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None
9:05 A.M. 9. PIJBTITr IWMS
1. AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR
THE SUSPENSION OF CONTRACTORS
CERTIFICATE OF COMPETENCY WHEN
OUTSTANDING FINES EXIST AGAINST
THE CONTRACTOR
2. Onsight Management Gmup, Inc.,'s Request
for Planned Development (PD) Special Ex-
ception Use Approval for a Development to
Be Known as Hammock Lakes
(memorandum dated September 19, 1995)
3. SDR Development Inc.'s Request for Major
Site Plan and Special Exception Use Approval
to Construct an Adult Congregate Living
Facility (ACLF) to be Known as "Sterling House"
(memorandum dated September 19, 1995)
1"14 Wa YY u
None
10. COUNTY ADMMSTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
Approval of the Hurricane Erin Disaster Relief
Funding Agreement for Emergency Declaration
(memorandum dated September 8, 1995)
C. General Services
None
D. Leisure Services
None
E. Office of Managpment and Budd
None
F. Personnel
Claims Service Agreement
(memorandum dated September 18, 1995)
G. Public Works
1. Donald MacDonald Park - Florida
Recreation Development Assistance
Program Grant Agreement (FRDAP)
(memorandum dated September 20, 1995)
2. Blue Cypress Lake Park Restroom -
Florida Recreation Development Assistance
Program Grant Agreement
(memorandum dated September 15, 1995)
3. Intersection Improvement Design Projects
Design Work Order No. 2
(memorandum dated September 18, 1995)
H. Utilities
Hobart Landing - Work Authorization No. 30
(memorandum dated September 18, 1995)
12. COUNTY ATTORNEY
None
/ ►j lu 11 hlI: Y ►j
I , r11 11 � ' 1 1 • I ; ►/ . 1
B. Vice Chairman Fran B Adams
Request for Tourist Tax Funds to Assist the City
of Vero Beach in Replacement of Sand Lost to
Erosion
(memorandum dated September 19, 1995)
1 1 1 11 1 1 =,W4i 1
D. Commissioner Carolyn K. Fgg�tr
E. Commissioner John W TW *
1. Approval of Minutes - Meeting of 6/27/95
2. Approval of FY 1995/96 EMS County
Awards Grant and Resolution; Purchase of
Capital/Operating Equipment with Non -
Matching Grant Funds; and Budget Amend-
ment
(memorandum dated September 19, 1995)
11„ I 1,� y
1. Approval of Minutes - Meeting of 9/5/95
2. Approval of Minutes - Meeting of 9/12/95
3. Request Signature for Grant Application and
Annual Report
(memorandum dated September 13, 1995)
15. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need
to ensure that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's
Americans with Disabilities Act (ADA) Coordinator at 567-8000 x408 at least 48 hours in advance
of meeting.
September 26, 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 26,
1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; Richard N. Bird; and John W. Tippin.
Commissioner Carolyn K. Eggert was absent due to knee surgery.
Also present were James E. Chandler, County Administrator; Charles
P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and County
Attorney Vitunac led the Pledge of -Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Macht requested the addition of Item 13-A, discussion
regarding regulation of commercial bingo games.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously added
the above item to the Agenda.
APPROVAL OF AI NUrES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of September 5, 1995, the
Special Meeting of September 6, 1995, or the Regular Meeting of
September 12, 1995. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Minutes of the Regular Meeting of
September 5, 1995; the Special Meeting of September
.6, 1995; and the Regular Meeting of September 12,
1995, as written.
Bcuu 9 : , O
SEPTEMBER 26, 1995 1
CONSENT AGENDA
Commissioner Bird asked that Item 7-E be pulled for
discussion.
A. Annual Cooperative Forestry Assistance Report
The Board reviewed a letter of September 14, 1995:
FM/CFA
Florida Department of Agriculture & Consumer Services
BOB CRAWFORD, Commissioner
The Capitol • Tallahassee, FL 32399-0800
September 14, 1995
Mr. James Chandler
County Administrator
Indian River County
1840 25th. Street
Vero Beach, A. 32960
Dear Mr. Chandler:
SEP 1995
%v
ADMINIISM
r
Please find attached the County Commissioner's copy of the Annual Cooperative Forestry
Assistance Report. This will be the final report -submitted to the County on the Cooperative
Forestry Assistance Program.
The State Legislature eliminated this program effective July 1, 1995. The Division of
Forestry will have help available for Cost Share programs and Grants currently in the County.
Beyond that, the Division's role in CFA is uncertain.
When you place this item on the Commission's agenda, please let me know of the date.
_ The Consent agenda is fine unless the County requires any additional information.
If I can be of assistance to the County, please let me know.
SINCERELY
BOB CRAWFORD
COMM USSIONER OF AGRICULTURE
��
Joe S
i Forest Area Supervisor
(407) 778-5085
SEPTEMBER 26, 1995 2
M M M
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
accepted the Annual Cooperative Forestry Assistance
Report.
B. List of Errors, Insolvencies, Double Assessments, and Discounts for the
1994 Tax Roll - Report DR -505
The Board reviewed a Memorandum of September 18, 1995:
b
Date: September 18, 1995
To: Honorable Indian River County Commissioners
Subject: Report DR -505 - List of Errors, Insolvencies, Double Assessments, and
Discounts for the 1994 Tax Roll
Per Florida Statute 197.492, attached for your review and approval is the List of Errors,
Insolvencies, Double Assessments, and Discounts, categorized as follows:
1. Real Estate
2. Personal Property
3. Centrally Assessed
If I can be of further assistance, or should you have any questions, please contact me.
Sincerely,
Irl"Z
imm ann
Tax Colle i or
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Tax Collector's List of Errors,
Insolvencies, Double Assessments, and Discounts.
COPY OF LIST IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
SEPTEMBER 26, 1995
3
Bm U wA E
BOOK 96 0
C. Bid #6007 - Asphalt - Dickerson of Florida/Ranger Construction
The Board reviewed a Memorandum of September 13, 1995:
DATE: September 13, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admi trator
H.T. "Sonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid ,6007/Asphalt
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
BID TABULATION
Dickerson of Florida
Stuart, FL
Ranger Construction
Ft Pierce, FL
MacAsphalt
Melbourne, FL
RECOMMENDATION -
Staff recommends the following:
August 25, 1995
August 11, 18, 1995
Six (6) Vendors
Three (3)
TOTAL BID PRICE
$ 378,895.00
$ 404,202.00
$ 492,820.00
1. Award Items 1, 2, 3, & 5 to Diokerson of Florida as the
overall low bidder for delivery of asphalt to the
County. Award Item 4 (to be picked up by County
trucks) to both Ra er construction and Dickerson of
Florida depending on location of site. (See attached
department memo)
2. Establish an Open End Contract with Dickerson of
Florida and Ranger Construction with a not to exceed
amount of $500,000.00 during the period October 1 1995
thru Se tember 30, 1996. Last year's expenditures
totaled p$460,541.90.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the _Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6007 to both Dickerson of Florida and
Ranger Construction, pursuant to staff's
recommendations 1, 2 and 3.
SEPTEMBER 26, 1995 4
a
A Bid ##6002 - Road Stabilization Material - Stewart Industries
The Board reviewed a Memorandum of September 13, 1995:
DATE: September 13, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
�4_# A -r)
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6002/Road Stabilization Material
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date: August 21, 1995
Advertising Dates: Jul 21 & Au , 1995
Specifications Mailed to: Fifteen�
(15) August
Replies: One (1)
BID TABULATION UNIT PRICES (Per Tong
Stewart Industries Zone A - $ 4.35 (Delivered)
Ft Pierce, FL Zone B - $ 3.95
Zone C - $ 3.95
Zone D - $ 5.75
Picked -Up - $ 1.25 (By County)
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Stewart Industries as the.sole bidder
for the road stabilization material.
2. Establish an Open End Contract with Stewart Industries
with a not to exceed amount of $50,000.00 during the
period October 1, 1995 thru September 30, 1996. Last
year's expenditures totaled $48,277.91.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6002 to Stewart Industries in a not -to -
exceed amount of $50,000 for the period October 1,
1995 through September 30, 1996, as recommended by
staff.
SEPTEMBER 26, 1995
5
boos 96 PAu.210
-I
8088 916 211
E. Bid #6014 - Annual Co -Op Gasoline, Diesel Fuel, Motor Oil &
Lubricants - Reliance Petroleum/Martin County Petroleum
The Board reviewed a Memorandum of September 18, 1995:
DATE: September 18, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny„ Dean, Director
Department of General Serviddl
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6014/Annual Co -Op Gasoline,
Diesel Fuel, Motor Oil and Lubricants
BACKGROUND INFORMATION:
This is a co-operative Invitation to Bid issued by Indian
River County Purchasing Division on behalf of the
participating agencies (Exhibit A) for the purchase of their
respective annual requirements for gasoline, diesel fuel and
lubricants indicating plus or minus profit added on to the
Oil Price Information Service (OPIS),Orlando, Fl.
Bid Opening Date: August 30, 1995
Advertising Dates: A%just 14 & 21, 1995
Specifications Mailed to: Thirty Five (35) Vendors
Replies: Sixteen (16) Vendors
SEE ATTACHED BID TABULATION SHEET FOR VENDORS LISTED BELOW
Martin County Petroleum, -
Palm City, Fl
Louis Dreyfus
Atlanta, Ga
Onyx Petroleum
Gainesville, Ga
Dion Oil
Rey West, F1
BP
Atlanta, Ga
Young Oil
Palm City, F1
Wildor Oil
Lexington, Ky
Addison Oil
Vero Beach, F1
RECOMMENDATION
Staff recommends the following:
Port Petroleum
Ft. Pierce, Fl
Keeman Petroleum
Valdosta, Ga
Radiant Oil Company of Fla.
Pompano Beach, F1
Holmes Oil
Ft Pierce, F1
Reliance Petroleum
Ft Pierce, F1
Lake Oil
Okeechobee, F1
Coastal Refining
Miami, F1
Glover -Nisbet
Melbourne, F1
1. Award the 12 Diesel (Transport Load) to Reliance
Petroleum of Ft. Pierce and the remainder of the items
SEPTEMBER 26, 1995 6
to Martin County Petroleum of Palm City as the lowest
most responsive and responsible bidders meeting
.specifications as set Forth in the Invitation to Bid.
2. Establish Open End Contracts with the above
referenced vendors for the various County Departments
budgeted accounts for fuel and lubricants. The initial
contract period shall begin October, 1, 1995.
3. Authorize the Purchasing Manager to renew this contract
on an annual basis subject to satisfactory performance,
zero cost increase, vendor acceptance, and the
determination that renewal is in the .best interest of
the County.
Commissioner Bird questioned the pricing on the bid
tabulation, and Director Sonny Dean advised that an oil pricing
sheet is printed every week reflecting a discount or plus in the
price to the County. A minus figure means that a discount will be
calculated at this amount, plus or minus the figures on the sheet
which is called the Oil Pricing Index Sheet.
Commissioner Bird then questioned whether this method is
consistent with previous pricings and bids, and Director Dean
responded that it is. Indian River County has formed a co-
operative group with St. Lucie and Brevard Counties in an effort to
obtain more favorable pricing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6014 to Reliance Petroleum of Ft.
Pierce and to Martin County Petroleum of Palm City,
pursuant to staff's recommendations 1, 2 and 3.
F. Bid #6011 - Sulfuric Acid & Anti-Scalant -.Tones Chemicals
The Board reviewed a Memorandum of September 19, 1995:
DATE: September 19, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Services r �-
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6011/Sulfuric Acid & Anti-Scalant
Annual Contract/Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: August 17, 1995
Advertisincj Dates: July 18, 25, 1995
Specifications Mailed to: Eleven (11) Vendors
Replies: Seven (7) Vendors Bm 96
SEPTEMBER 26, 1995 7
00 96 `;v;
DO BID TABULATION
Sulfuric Acid/Ton
Jones Chemicals
Ft Lauderdale, FL $64.30
Apperson Chemicals
Pompano Beach, FL $74.23
PB & S Chemicals
Orlando, FL $74.98
LCI Inc
Jacksonville, FL $78.00
RECOMMENDATION
Staff recommends the following:
1. Award the bid for sulfuric acid to Jones Chemicals as
the lowest, mostresponsible and responsive bidder
meeting specifications as set forth in the Invitation
to Bid. Reject the bid for Anti-Scalant as the
specifications need updating and clarification, and
rebid at a later date. (See attached department
recommendation)
2. Establish an Open End Contract with Jones Chemicals.
Inc with a not to exceed amount of $25,000.00 during
the period October 1, 1995 through September 30, 1996.
Last years expenditures were $19,930.68.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6011 to Jones Chemicals, as recommended
by staff.
G. Additional R -O -W - IR Boulevard South - MF Indian River Holdines
The Board reviewed a Memorandum of September 18, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Donald G. Finney, SRA--.
County Right -of -Way Agent CONSENT AGENDA
SUBJECT:_ Additional Right -of -Way; Indian River Boulevard South
DATE: September 18, 1995
DESCRIPTION AND CONDITIONS
25' of additional right-of-way is required on the west side of
Indian River Boulevard to provide the 2001 wide Thoroughfare Plan
SEPTEMBER 26, 1995 8
� r
ultimate width. The developer of Indian River Apartments executed
a contract at the appraised value for the .48 acre 251 right-of-
way, $1.29 per square foot, $26,972.35. The 25' right-of-way is
not required on the east side of the Boulevard at this time as the
east side is not part of the site plan and is under separate
ownership.
The parcel is upland, Zoned PD/M-2.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
contract and authorize the Chairman to execute the contract.
FUNDING
Funding to be from Account No. 304-215-541-066.12
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the contract with MF Indian River Holdings,
Ltd. in the amount of $26,972.35, as recommended by
staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
H. Release of Lien - Ronald Doman
The Board reviewed a Memorandum of September 15, 1995:
INTEROFFICE MEMORANDUM
DATE: September 15, 1995
TO: James Chandler
A r Indian River County
FROM: ' , M. P. H.
E ental Control Officer
SUBJECT: Attakhtd Release of Lien for Signature (Ronald Doman)
Request the attached item be put on the Board of County Commissioners' consent agenda
at your earliest convenience. The Board has already approved this Release pending
payment of $19,750.00. Payment has been received and forwarded to the Budget Office
for deposit in the Pollution Recovery Trust Fund.
Boa 96 P�-F 214
SEPTEMBER 26, 1995 9
_I
b o
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved execution of the Release of Lien in favor
of Unit 11, Sand Ridge Centre, a Condominium,
pursuant to recommendations by staff.
LIEN DOCUMENTS ARE ON FILE IN THE OFFICIAL
RECORDS OF INDIAN RIVER COUNTY
I. Miscellaneous Budget Amendment 024
The Board reviewed a Memorandum of September 20, 1995:
TO: Members of the Board
- of County Commissioners
DATE: September 20, 1995
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 024
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDPITONS
The attached budget amendment is to appropriate funding for the following:
1. The attached budget amendment establishes a Native Upland Acquisition Fund. In
the past we kept the funds in an escrow account and made a distribution from the
account. The attached budget amendment is due to a change in accounting
procedures.
2. The Budget Director did not know that all the streetlights had been installed in the
Glendale Streetlighting District; therefore, the budget and service assessments were
set too low for the 1994/95 fiscal year. Since we cannot increase the service
assessment once the tax bills are sent out, the short -fall must be covered from other
sources. Staff is requesting the Board of County Commissioners approve the.
transfer of $1,500 from the M.S.T.U. to cover this short -fall.
3. The attached entry sets a budget for the Utility Assessment fund in the amount of
$60,000.
4. Based on revenues from the Federal government for Rental Assistance, we could
potentially receive more than originally anticipated. Additionally, the revenue
would directly pass through to Rental Assistance for individuals in need. The
attached entry allocated $100,000.
5. We are appropriating money for Environmentally Sensitive Land Acquisition Funds
based onmiticipated expenditures for 1994/95 fiscal year.
6. The attached entry allocates additional money to cover unanticipated expenditures
in the court related capital due to equipment failures and the move into the new
courthouse.
SEPTEMBER 26, 1995 10
7. Budget amendment to adjust Refund Bond Issue for additional revenue.
8. This entry allocates donations received by the Main Library
9. This entry allocates donations received by the North County Library.
10 This entry allocates FBIP funds received to make improvements to the City of
Sebastian Yacht Club boating ramp.
11. To correct change in the funding subsidy for the Housing Authority made in April
1995.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
024.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved Miscellaneous Budget Amendment 02.4, as
recommended by staff.
TO: Members of the Board
of county Cnissioners
FROM: Joseph A. Baird
OMB Director
BUDGET AMENDMENT: 024
DATE: _ Sotember 20.1995
Entry
Number
Funds/DepartmeWAccount Name
Account Number
Increase
Decrease
1.
REVENUE
NATIVE UPLANDS/Native Uplands Habitat Fees
127-000-343-071.00
$50,000
$0
EXPENSE
NATIVEUPLAND
127-210-537-033.13
$50,000
$0
2.
REVENUE
GLENDALE LAKES STREETLIGHTING/
Fund Transfer In
197-000-381-020.00
$1,500
$0
EXPENSE
GLENDALE LAKES STREETLIGHTING/
Electric
197-280-541-034.31
$1,500
$0
M.S.T.U./Reserve for Contingencies
004-199-581-099.91
$0
$1,500
M.S.T.U./Funds Transfer Out
004199-581-099.21
T $1,500
$0
SEPTEMBER 26, 1995
ii
HOOK 96 FAu M
I
TO: Members of the Board
Of County Coanmissioners
FROM: Joseph A. Baird
OMB Director
Boa 96 PAu 217
BUDGET AMENDMENT: 024
DATE: Seutember 20.1995
3.
REVENUE
UTILITY ASSESSMENT FUND/Investnnents
473-000-361-010.00
$60,000
$0
EXPENSE
ZTTUM ASSESSMENT FUND/Cash Forward-
473-235-536-099.92
$60,000
$0
4.
REVENUE
SECTION 8/Low Income
108-000-331-057.00
$100,000
$0
EXPENSES
001-000-366-103.00
$1,500
$0
SECTION 8/Rental Assistance
108-222-564036.73
$100,000
$0
GENERAL FUND/Mam Library Books
001-109-571-035.45
$3,352
$011
5.
REVENUE
LAND ACQUISTTIONBond Proceeds
125-000-384010.00
$2,000,000
$0
EXPENSE
LAND ACQUISTTIONBond Issuance Costs
125-146-539-033.16
$200,000
$0
LAND ACQUISITION/Other Professional Services
125-146-539-033.19
$150,000
$0
LAND ACQUISITION/All Land
125-146-539-066.11
$1,650,000
$0
6.
REVENUE
COURT FACILITY FUND/Court Facility Fees
106-000-341-073.00
$10,000
$0
EXPENSE
COURT FACILITY FUND/B.D.P. Equipment
106-909-516-066.47
$5,000
— $0
COURT FACILITY FUND/Furniture & Equipment
106-909-516-066.41
$3,000
$0
COURT FACILITY FUND/Furniture & Equipment
106-309-516-066.41
$1,000
$0
COURT FACILITY FUND/Other Operating
106-901-516-035.29
$500
$0
COURT FACILITY FUND/Furniture & meet
106-901-516-066.41
$500
$oil
7.
REVENUE
REFUND AND IMPROVEMENT/
Interest Investments
204-000-361-010.00
$50,000
$0
EXPENSE
REFUND AND IMPROVEMENT/Debt Service
204117-517-077.31
$50,000
$0
8.
REVENUE
GENERAL FUND/Donations-Main Library
001-000-366-095.00
$1,852
$0
GENERAL FUND/Donations Book -Main Library
001-000-366-103.00
$1,500
$0
EXPENSE
GENERAL FUND/Mam Library Books
001-109-571-035.45
$3,352
$011
SEPTEMBER 26, 1995
12
9.
REVENUE
GENERAL FUND/Donations-N. Cty. Library,
001-000-366-097.00
$1,557
$0
GENERAL FUND/Donation-N. Cty. Library Books
001-000-366-100.00
$457
$0
EXPENSE
GENERAL FUND/N. Cty. Library Books
001-112-571-035.45
$457
$0
GENERAL FUND/Youth Books
001-112-571-038.11
$1,557
$0
10.
REVENUE
GENERAL FUND/FBIP Sebastian Yacht Club
001-000-334-078.00
$36,000
$0
EXPENSE
GENERAL FUND/City of Sebastian
001-110-572-088.52
$36,000
$0
11.
REVENUE
RENTAL ASSISTANCElfLow Income Housing
108-000-331-057.00
$0
$2,038
EXPENSE
GENERAL FUND/Transfer Out
001-199-581-099.21
$2,038
$0
GENERAL FUND/Cash Forward
001-199-581-099.92
$0
$2,038
RENTAL ASSISTANCE/Transfer Out
108-222-581-099.21
$0
$2,038
ORDINANCE PROVIDING FOR SUSPENSION OF . CONTRACTORS
CERTIFICATE OF COMPETENCY WHEN OUTSTANDING FINES
EXIST AGAINST THE CONTRACTOR
The Board oNOTICE CArt9rd9ebnere of k dm
ftiver County. Fladde. hereby provides rotice of a
t�eartr� sclueduled far 90.5 am an Tuesday.
28, 1995. to be baud st the indien RI.;
County Atlninhtretlon S1ulift 1840 25th Street,
Vero Beach Florida This publichear6g will be for
arl$fBralldled: 8 fdOWi� Proposed
&MMiAN ORDINANCE OF INDIAN RIVER COON -
TY, FLORIQA. PROVIDwti FOR THE SUS
PENSION OF CONTRACTORS TERM
CATE OFCOMPETENCY WHEN OUT.
STAMM FINES CONTRACTOR.
T AGAINST THE
parties may
amid bebe heardwith respW to ft aR -2
nnarm Copies of theordmim are anal ,
abia pUblic during regular boor
11118 ha,a at tlra d the Clerk to tha Board of
B C Milasioners, 1840 26th Street, Vero
Anyonevft be made ffi wish
to appeal any dedabt which
meddn9 w9, toed to ambo
1a verbatim record d the proceedtge B made,
appois tbased and avidwoe upon which
tdto lteeuta ecdonrrbotledon for i
SIthis kitedcans t�gt WL'4) ryoardcaW� Ser 9000
M at WO 48 hours h advance of the mem
S�WL 11.1985 1231644
SEPTEMBER 26, 1995
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press•Joumal, a daily newspaper published
at Vero Beach in Indian River County, Flonda: that the attached copy of advertisement, being
Hafted in said newspaper in
_ in the Court, was pub,
the issues of l
Affiant further says that the said Vero Beach Pree&JOumal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office In Vero Beads, in said Indian Rivet, Down.
ty. Florida, for a period of erre year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor promised any person. firm
or corporation any disco nk rebate, commission or refund for the purpose of securing this
alvertlsement for publication in the said newspaper.
n
Sworn t0 and subscribed before rime this Il day o :18
(Business Managed
Slaw a r. w .
(SEAL)
13 BOOK
_I
80a 96 pgl f
The Board reviewed a Memorandum of September 11, 1995:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County AttorneyCV1"b
DATE: September 11, 1995
SUBJECT: PUBLIC HEARING - SEPTEMBER 269 1995
AMENDMENT TO SECTION 400.019 INDIAN RIVER
COUNTY CODE
On September 5, 1995 the Board of County Commissioners authorized
advertisement of the attached ordinance. It provides for the
suspension of contractors certificate of competency when outstanding
fines exist against the contractor.
Recommendation:
Staff recommends approval of the ordinance.
Deputy County Attorney Will Collins explained that at the
present time there are no penalties available to enforce fines
against contractors other than bringing them before the Code
Enforcement Board. They are able to renew licenses without paying
any outstanding fines.
Building Director Esther Rhymer advised the County presently
has in excess of $5,000 outstanding in fines and felt this
ordinance will assist in collecting those funds.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
adopted Ordinance 95-23 providing for the suspension
of contractors certificate of competency when
outstanding fines exist against the contractor.
SEPTEMBER 26, 1995 14
ORDINANCE_ 95- 23
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE SUSPENSION OF
CONTRACTORS CERTIFICATE -OF COMPETENCY
WHEN OUTSTANDING FINES EXIST AGAINST THE
CONTRACTOR.
WHEREAS, Chapter 489, F. S. authorizes the County to issue
citations for violations of the contracting statutes; and
WHEREAS, the County has enacted ordinances implementing this
statutory authority; and
and
WHEREAS, citations have been issued and fines imposed; and
WHEREAS, certain violators have failed to pay the fines imposed;
WHEREAS, the suspension of a contractor's certificate of
competency, when a fine remains unpaid, is an additional mechanism
to have the violator pay the fine,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN- RIVER COUNTY, that:
QVrTTn1kT 1 A% ffV1kTT%%flrATT
A new paragraph (8) is added to Section 400.01 of the code to
read as follows:
Section 400.01. Certificate reauired.
8) Any person with an unpaid fine, imposed pursuant to
Section 103.08 or Section 400.08 of this code_, shall surrender
to the Building Official any -Indian River County contractor's
certificate of competency, which certificate shall be suspended
automatically until the fine is paid, at which time the
suspended certificate of competency shall be re -instated and
returned by the Building Official.
Any fine paid in order to continue contracting during any
appeal period shall be refunded if the appellant prevails on
appeal.
No person with an unpaid fine shall be eligible to obtain a
certificate of competency or renewal of a certificate of
competency, until the fine is paid.
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
BOOK 96 PA.E2.0201
SEPTEMBER 26, 1995 15
I
I
B�fl 96
ORDINANCE 95-23
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
- A certified copy of this ordinance, as enacted, shall be filed by
the -Clerk with the Office of the Secretary of State of the State of
Florida within ten days after enactment, and this ordinance shall take
effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 26 day of September 1995.
This ordinance was advertised in the Vero Beach Press -Journal on
the 11 day of September, 1995, for a public hearing to be held on
the 26 day of September , 1995, at which time it was moved for
adoption by Commissioner Adams , seconded by Commissioner
Bird , and adopted by the following vote:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner John B. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 26 day of September, 1995.
Attest:
x
r Barton, C
��
BOARD OF COUNTY COMMISSION
INDIAN R , ER COUNTY, FLORIDA
By
Kenneth R. Macht, Chairman
Effective date: This ordinance became effective upon filing with the
Department of State which took place on 5th day of October ,
1995.
SEPTEMBER 26, 1995 16
ONSITE MANAGEMENT GROUP, INC -9S REQUEST FOR PLANNED
DEVELOPMENT (PD1 SPECIAL EXCEPTION USE APPROVAL FOR A
DEVELOPMENT - HAMMOCK LAKES
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach. Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
in the / Court, was pub-
lished in said newspaper in the issues of !l t
Sol
A
9"
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this _4_ day o 9 T
f 4.
,illus ne"ss Manager)
(SEAy �..�.:: .,...
RS -3
A-1
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walwlntonaa waEslaeed.
ANYONE VZM A 9WAI Ate,.
TION FOR THS MEEW MWBT CONTACT THE
COUNTY'S A161811CA IS WITH OGAWM ACT
IADA) DOO IONATOR AT Zr. ?7S AT
lFJ�97 48 HOLM N ADVMICE OF T►E MEET
N8.
80AIm Of COUNTY COM MOSIO GM
Br4ft olh R. Mia M Claimed
Sept 0. int; 1231W4
W?
The Board reviewed a Memorandum of September 19, 1995:
TO: James Chandler
County Administrator
DIV SION HEAD CONCURRENCE:
Robert M. Ke e1A9—,—W,WP
Community Developme Director
,4. /3
FROM: Stan Boling, AICP
Planning Director
DATE: September 19, 1995
SUBJECT: Onsite Management Group, Inc.'s Request for Planned
Development (PD) Special Exception Use Approval for a
Development to be Known as Hammock Lakes
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 26, 1995.
SEPTEMBER 26, 1995
17
Boob 96 PnE 222
BOOK 96 DA, ?2
BACKGROUND:
*Project Description:
Hammock Lakes is a proposed 68.82 acre single family residential
planned development (PD) project bordered by 58th Avenue (Kings
Highway)/Lateral B Canal on its west side and 1st Street SW on its
north side. The subject site, comprised of 2 tracts that together
measure approximately 1,176' X 2,574', is currently used as pasture
land and a citrus grove. The PD preliminary plan/plat • submitted
concurrently with the special exception use request identifies
recreational and landscape tracts, 206 building lots, and two
lakes. The property is zoned RS -31 Residential Single Family (up
to 3 units per acre), and is proposed to be developed at a density
of 2.99 units per acre.
•Planning and Zoning Commission Recommendation and Board of County
Commissioners Consideration:
The Planning and Zoning Commission initially considered this
request at its August 24, 1995 meeting. At that meeting, the
Planning and Zoning Commission heard staff's presentation and
tabled consideration of the request to allow time for planning
staff and the County Attorney's Office to resolve an interpretation
issue relating to the planned development open space requirements
that apply to this application. Subsequently, planning staff and
the County Attorney's Office resolved the open space interpretation
issue, and the application proceeded as submitted. At its
September 14, 19.95 meeting the Planning and Zoning Commission
continued its consideration of the request and voted 5-1 to
recommend that the Board of County Commissioners approve the
special exception use request. (see attachments 6, 7 and 8).
The Board is now to approve, approve with conditions, or deny the
special exception use request. In making its decision, the Board
must determine if the request is appropriate for the subject
property and the surrounding areas. The Board may then deny or
grant approval and attach any conditions and safeguards deemed
appropriate to mitigate impacts and to ensure compatibility of the
use with the surrounding area.
ANALYSIS OF P.D. PLAN:
1.
2.
3.
4.
5.
6.
Total Site Area: 68.82 acres
Zoning Classification: RS -3, Residential Single Family (up to
3 units per acre)
Land Use Designation: L-1, Low Density (up to 3 units per
acre)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
1st Street SW,
Subdivision/A-1 and
South Relief Canal,
Groves/RS-3
groves, Steven's Park
RS -3
groves/A-1
Lateral B Canal, 58th Avenue, groves/A-1
Proposed Density: 2.99 units per acre
Proposed Lot Size:
Normal RS -3 Minimum:
12,000
sq.
ft.
Minimum
Proposed:
7,405
sq.
ft.
Average
Proposed:
9,048
sq.
ft.
Note: The PD
ordinance allows
waiver
of lot size and setback
requirements,
all of which are discussed
in detail later in
this report.
SEPTEMBER 26, 1995 18
_I
7. Open Space: Required: 40.0%
Provided: 44.4%
The= following i.& a detailed break -dawn of_ open spa_ae proposed
in the submitted PD plan:
Total Site Area: 68.82 acres
Total Open Space Required: 27.53 acres (40% of 68.82
acres)
Total Open Space Provided: 30.53 acres (not including
creditable private exterior
impervious open area)
Break -down of Open Space Provided:
• Lake Area (creditable amount limited
to 30% of 27.53 acres of required
open space): 8.26 acres
• Passive Recreation Area: 0.86 acres
• Active Recreation Area (entire tract,
including facilities, are creditable): 1.73 acres
• Sidewalk Area (7,000 lineal feet
X 4' width): 0.64 acres
• Lake Bank Area (green area above
water control elevation): 1.92 acres
• Green Open Space on Private Lots (40%
of lot area on all 206 lots): 17.12_ acres
30053 acres
The 30.53 acre figure is conservative. Developed l-ots will
normally contain more than 40% open space as demonstrated on
- attachment #8. Furthermore, the 30.53 acre figure does not
include any credit, as allowed under the PD LDRs, for
privately owned exterior impervious area (pools, patios,
decks, walkways).
8. Required Recreational Area: 2.47 acres required for 206
lots
Provided Recreational Area: 2.59 acres (1.73 acres, active
recreation, .86 acres passive
recreation)
9. Phasing: The project is proposed to be constructed in 4
phases (see attachment #4), as follows:
Phase 1: 65 lots, western lake, entrance road and portion of
internal roadways, 1.73 acre active recreation
tract, 1 passive recreation tract.
Phase 2: 35 lots, north/south road and portion of internal
roadways, 1 passive recreation tract.
Phase 3: 56 lots, eastern lake, portion of internal
roadways, 2 passive recreation tracts.
Phase 4: 50 lots, and final portion of internal roadways.
Each phase will include the perimeter buffering improvements
and sidewalk improvements required for that phase.
10. Environmental:
*Uplands: The project is greater than 5 acres; therefore, it
is subject to the provisions of Section 929.05 of the county's
Land Development Regulations (LDRs). Environmental planning
staff has determined that the site has been significantly
disturbed and that no native upland vegetative community
currently exists on the site. For that reason, no upland area
preservation requirements apply to the development.
*Wetlands: Approximately 3.1 acres of isolated wetlands have
been identified by the St. Johns River Water Management
District (SJRWMD) on the 68.82 acre site. Development of the
SEPTEMBER 26, 1995 19 soot 96 PA.r,E 22
MOK 96 PA E ?
site will impact all 3.1 acres of the wetlands identified by
SJRWMD. These wetlands are in ditch areas and are considered
by SJRWMD to be of low quality. To mitigate these impacts,
the applicant proposes to establish wetlands in the form of
littoral zones around the lakes. The county environmental
planning staff has no objection to such mitigation measures or
to the proposed preliminary PD plan/plat. The specifics of
the littoral zone plantings and mitigation, however, will need
to be finalized during review and approval of the county's
wetland resource permit for the project. Prior to the
issuance of a land development permit, the applicant must
obtain a county wetland resource permit, as well as applicable
permits from jurisdictional agencies.
sHost Plants to the Caribbean Fruit Fly: To prevent potential
conflicts with area grove operations, staff recommended that
the applicant voluntarily coordinate with the agricultural
extension agent and restrict use of host plants within the
subdivision. The applicant has stated that it will, through
the subdivision homeowners association documents, restrict use
of host plants.
*Excavation: Two t61 lakes are proposed to be created. The
excavation of the lakes will involve the removal of more than
5,000 cubic yards of excavated material from the site. Such
activity is considered incidental to project construction and
is allowed and regulated by the provisions of the Chapter 934
mining regulations. Such regulations limit hauling and
excavation to 7:00 a.m. - 5:00 p.m. Monday through Friday for
a 2 month period. Prior to issuance of a land development
permit, the developer must obtain from planning staff a mining
permit exemption subject to the criteria of LDR section
934.04(7)(b).
11. Stormwater Management: As with standard single family
subdivisions, the stormwater management plan has been given
conceptual approval by the public works department. Final
review and approval of the stormwater management plan shall be
accomplished through the land development permit process. The
public works department has no objection to PD preliminary
plat approval for the project.
12. Thoroughfare Plan: Developments such as this one are required
to have continuous paved access to a paved county thoroughfare
plan roadway. The applicant has proposed a single project
entrance roadway connection to 1st Street S.W., which is
identified in the county Thoroughfare Plan as a collector
roadway. However, 1st Street S.W. is presently unpaved
between 58th Avenue and 43rd Avenue, which includes the site's
entire 1st Street S.W. frontage (2,574' in length). The
proposed project entrance roadway onto 1st Street S.W. is
approximately 1/4 mile from 58th Avenue, and 3/4 mile from
43rd Avenue.
Normally, the developer would request and would be allowed to
pave the shortest distance of 1st Street S.W. as possible to
tie into the paved thoroughfare plan roadway system. In this
case, however, the developer and the public works department
desire to have the entire length of 1st Street S.W. paved
between 58th Avenue and 43rd Avenue. For that reason, the
public works director and the applicant are currently in the
process of developing an agreement that would involve the
developer and the county sharing the cost of paving 1st Street
S.W. between 58th Avenue and 43rd Avenue. This agreement
needs to be executed prior to issuance of a land development
permit. Furthermore, prior to issuance of a certificate of
completion for any phase of the project, lst Street S.W. must
be paved from -58th Avenue to 43rd Avenue, in accordance with
the to -be -executed paving agreement.
-S-EPTFAMM 26, 1995 20
M
13. Traffic Circulation: A traffic impact analysis has been
submitted by the applicant and is acceptable to county traffic
engineering staff. The analysis indicates that an eastbound
to southbound deceleration lane and a westbound to southbound
left turn lane must be provided at the intersection of 1st
Street S.W. and the project entrance road. The final design
of these improvements must be shown on the project's land
development permit. Furthermore, these,improvements must be
completed prior to issuance of a certificate of, completion for
any project phase.
The project proposes a single access entrance road to 1st
Street S.W., approximately halfway between the east and west
limits of the project. The internal traffic pattern resembles
a figure 118" with 5 cul-de-sac roadway connections (see
attachment #3). These roads are to have curb and gutter
drainage and will be placed in 50' rights-of-way. Also, these
roads will be built to county standards and dedicated to the
county via the final plat. The county traffic engineer has
reviewed and approved the proposed PD preliminary plan%plat
layout.
14. Pedestrian Circulation: Although sidewalks are not required
throughout the proposed subdivision, the project, as a PD,
must include pedestrian circulation improvements. The plan
proposes a sidewalk along both sides of the project's
north/south road (55th Avenue S.W.), connecting to 1st Street
S.W. A sidewalk is also proposed along the "inside" of the
project's loop roads (East and West Square S.W.). Staff has
determined that these proposed improvements meet PD pedestrian
plan requirements.
15. Utilities: County potable water and wastewater services are
- available to the site, and mandatory connections are required
by the county utilities department. The county utilities
department and the environmental health (HRS) department have
no objections to PD plan approval.
16. Off -Site Dedications and Improvements: The public works
department has stated that no additional right-of-way is
required from the site's frontages along 58th Avenue and 1st
Street S.W., since drainage canals exist between the actual
site boundaries and these streets. Also due to the location
of the canals, no sidewalk or bikeway improvements are
required or proposed along the site's 58th Avenue and 1st
Street S.W. frontages.
17. Landscaping/Buffering/Lot Dimension: Compatibility standards
for a PD such as this one require a 25' wide perimeter setback
as well as perimeter buffer areas. The submitted PD
preliminary plan/plat depicts the required 25' wide setback
and appropriate buffers. The landscaping plan submitted with
the PD preliminary plat meets or exceeds the landscaping
requirements of LDR Chapter 926, and the PD buffer standards
of LDR section 915.16. Buffers and lot dimension features are
provided as follows (see attachment #5):
NORTH:
*Lot Dimension: 70' or more in width with a depth of 125'
*Buffer: 25' perimeter setback, continuous 15' wide type "D"
landscape buffer with 6' opaque feature (berm plus shrubs).
SOUTH:
*Lot Dimensions: 70' or more in width with a depth of 125'
*Buffer: 25' building setback, continuous 15' wide type
landscape buffer.
BOOK 96 FacF 126
SEPTEMBER 26, 1995 21
BOOK 96 PAu 22- 7
EAST:
*Lot Dimensions: 73' - 155' in width with a depth of 135'
*Buffer: 25' building setback, continuous 15' wide landscape
buffer with Type "C" plant density and 6' opaque feature (berm
plus hedge).
WEST:
*Lot Dimensions: 70' or more in width with a depth of 135'
*Buffer: 25' building setback, continuous 15' wide type "D"
landscape buffer with 6' opaque feature (berm plus hedge).
Note: The largest and deepest lots are proposed to be located
along the project perimeters, especially along the eastern and
western perimeters. The smallest lots are located away_from
the perimeters, internal to the project. In addition, pools
and related structures (e.g. screen enclosures) are proposed
to be set back a minimum of 15' along the perimeter rear
yards. Normal.LDR provisions would allow such structures to
be located to within 10' of the perimeter.
18. Waivers and Compatibility: Through the PD process, the
applicant has requested waivers from the LDR standards. The
applicant has requested the following waivers:
1. Reduce the minimum lot size from 12,000 square feet to
7,405 square feet.
2. Reduce the minimum lot width from 80' to 701.
3. Reduce the minimum side yard setback from 15' to 9'.
Note: The normal RS -3 front and rear yard setbacks (25')
would apply.
Throughout the review of this project, staff and the applicant
have had several meetings to discuss lot layout, sizes,
setbacks, and buffering. Through the PD process, the LDRs
allow, and staff supports, PD projects that provide buffering,
recreation areas and other common areas, as well as pedestrian
improvements that exceed normal subdivision requirements, in
exchange for maximizing allowable densities through design
flexibility. It is staff's position that this results in a
project compatible with the surrounding area. In staff's
opinion, this project and the requested waivers are justified
for several reasons.
First, a significant portion of the project is made up of
common areas for lakes (#13 acres or 19% of the total site
area) and common recreation/open space (2.59 acres or 4% of
the total site area). These areas contribute toward the
overall project's open space rather than being distributed in
small portions throughout all or most of the project's lots.
Second, project perimeter buffering and existing canal rights-
of-way along the project boundaries provide physical screening
and separation from adjacent properties. To the south, the
250' wide South Relief Canal provides extra. separation.
Likewise, to the west and north, the Lateral B (801) and
Lateral B-5 (301) canals provide extra separation. As
previously described, the north, east, and west perimeter
buffers include a 6' opaque feature consisting of a berm plus
hedge. Such features exceed normal PD buffering requirements
and will provide screening for sight and noise.
Third, lot dimensions have been designed to provide a depth
that is comparable to narmally sized RS -3 lots. Also, the
smallest project lots are located internally to the project,
and the largest lots (depth and width) =are located along the
SEPTEMBER 26, 1995 22
M
M
project's eastern boundary, where the project abuts
residentially designated property. Along the eastern property
line, a Type C buffer with 6' opaque feature is provided. .
Based upon its review, staff has determined that the project:
OIs- consistent with the comprehensive plan and LDRs, as it
meets all use and density standards and meets all applicable
PD requirements.
•Is compatible with surrounding land rise based upon physical
separation, proposed buffering, and internal lot
configuration.
*Has no adverse impacts on public health, safety, and welfare
since the project meets all utilities, environmental health,
and traffic requirements and proposes single family
residential units.
•Promotes orderly development in its relation to the
surrounding area's residential land use designation and
surrounding roadways.
•Status of Preliminary PD Plan
The preliminary PD plan was approved by the Planning and Zoning
Commission with the following conditions:
A. That the applicant obtain from the Board of County
Commissioners PD special exception use approval.
B. That prior to the issuance of a land development permit for
any phase of the project, the applicant shall:
1. Obtain a county wetland resource permit and all
applicable jurisdictional agency permits for filling and
modifying wetlands on site.
2. Apply for and obtain from planning staff a mining permit
exemption subject to the criteria of LDR section
934.04(7)(b).
3. Obtain county approval for and execute an agreement with
the county for paving 1st Street S.W. between 58th Avenue
and 43rd Avenue.
4. Obtain approval from the -county for the design of the
deceleration and turn lane improvements at the
intersection of 1st Street S.W. and the project entrance
road.
C. Prior to the issuance of a certificate of completion for any
phase of the project:
1. 1st Street S.W. shall be paved from 58th Avenue to 43rd
Avenue, in accordance with an executed agreement between
the developer and the county.
2. The deceleration and turn lane improvements at the
intersection of 1st Street S.W. and the project entrance
road shall be completed, and deemed acceptable ,by the
public works department.
If the Board of County Commissioners grants the special exception
use request, then the preliminary PD plan approval, with the
conditions stated above, will become effective.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant the
requested PD special exception use approval and corresponding
request for waivers as described in item 18 of this report.
SEPTEMBER 26, 1995 23 BOOK 96 FAGS 228
-I
BOOK 96 P1229
Planning Director Stan Boling explained a graphic of the
project located east of 15th Avenue (Kings Highway) and bounded on
the north, west and south by canals. The Planning & zoning
Commission voted 5-1 to recommend approval of the project.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Richard Grant Gilmore, Jr., 5920 1st Street SW, read a letter
dated September 25, 1995:
25 September 1995
Board of County Commissioners
of Indian River County, Florida
1840 25th Street
Vero Beach, Florida 32960
RE: Proposed Hammock Lakes Subdivision, southeast corner of 1st Street SW and 58th
Avenue, Lateral B Canal.
Dear Commissioner:
My name is Richard Grant Gilmore, Jr. My present address is 5920 1st Street SW,
Vero Beach, Florida 32968. My home resides on 2.0 acres, less 0.1 of an acre sold to the
county several years ago in order to allow paving of 1st St/ SW. I live @ 740 feet from the
proposed high density Hammock Lakes Subdivision. I have resided in Indian River County
since 1972, the state of Florida since 1952. I am a professional research scientist and aquatic
ecologist with a Ph.D. degree in biological sciences and have been in the employment of the
Harbor Branch Oceanographic Institution for the past 24 years. I have also served on Indian
River County, St. Lucie County and the City of Vero Beach planning and advisory
committees. During this same time period I have studied the natural resources of this state,
raised two sons and became involved in local and state social, political and educational issues.
For this reason I feel qualified to make certain educated remarks on local human population
growth, such as that proposed by the Hammock Lakes Subdivision, and its influence on my
quality of living and those currently living in Indian River County.
I feel that the proposed high population density of the Hammock Lakes Subdivision
will lower the quality of life in Indian River County, and more specifically, my immediate
home environment. There are several major factors which most people would consider
qualities needed to enjoy a comfortable life. High quality water, food, medical care, and
sanitary services may top the list. Quality education and freedom from crime may also be
considered high on the list, particularly when supported by a low to moderate tax burden. If
you add to this subtropical weather, beautiful and plentiful natural resources you may have an
idealized setting. Vero Beach offered all of these factors to me and my family over the past
24 years. Miami, Fort Lauderdale, Orlando, St. Petersburg/ Tampa, and even my home town
Sarasota would not have. Why? Simply, they contained too many people. The human "
population of Florida grew from 3 to 14 million from 1950 to present, a short forty three-year
period. That is one Trillion new Florida residents every four years. When complete the
Hammock Lakes Subdivision will place over 400 people within a half mile of my home.
SEPTEMBER 26, 1995 24
M M M
There is a certain point in urban population growth where taxes cannot support the
quality of life even though ironically small town commissioners often pursue population
growth to increase the tax base. LA just went broke and New York long before. Where do
we hold the line on population growth? When Vero Beach reaches 10 murders per year (the
current St. Lucie County murder rate)? Do we hold population growth when our taxes must
increase by 25% to support new overburdened roads, land fills, water treatment and protection
of local natural resources from increased public use. At what point is it too late to manage
population growth? Before, or after, approval of the Hammock Lakes Subdivision?
When I built my present house on 1st Street SW in 1988 the smallest lot for home
development was on 2.1 acres. There were several viable citrus groves east of us raising that
best of all possible fruits "Indian River Citrus". One was the oldest in Indian River County.
Now they are nearly all up for sale or sold for housing development. The Hammock Lakes
Subdivision will place 206 lots on 68 acres or 3 per acre if evenly spread. That will be
about 412 new people across the street from my family and directly adjacent to the Lateral B
and South Relief Canals. What does this mean? It means, of course increased human
population growth, more road use, more service needs from the county. But it also means
more freshwater runoff, more pesticides and herbicides, heavy metals and PCB's that are
associated with Florida residential environments. Florida leads the country in pesticide use,
not due to agricultural use, but due to residential use. All one has to do is watch the water
flow off a home roof to see how water runoff would be increased. This water would
normally land on flat Florida ground and eventually enter the water table. The Hammock
Lakes Subdivision is going to increase runoff into the Lateral B and South Relief Canal less
than eight miles from the Indian River Lagoon, the richest estuary in the United States. This
subdivision will increase water pollutants flowing into the lagoon, subsequently enhancing a
measured decline in the viability of a great local natural resource and national treasure.
The population densities of the Hammock Lakes Subdivision are higher than that of
any development along this region of 58th avenue. These people will significantly increase
traffic on 1st Street SW, 58th and 43rd avenues. If similar population densities are allowed
throughout this region of Indian River County I can confidently predict higher road
maintenance costs, needed improvements in water and sewerage services, larger schools, more
teachers, fewer natural resources, declines in water and air quality and an increase in the local
crime rate. Subsequently, there will have to be an increase in local taxes. I am not trying to
be an exclusionist by making these statements. I am just stating what has been observed in
one Florida county after another with rapid growth and high population densities. Taste the
water in these counties. Leave your door unlocked in these counties. Why was Vero Beach
different? What is the magic population number for a quality human environment?
This Commission has the future and the quality of life for the citizens of Indian River
County in its hands through the approval or denial of population density impacts and land use
zoning associated with proposed developments such as the Hammock Lakes Subdivision.
You may hold this elected office for a only few years, but the decisions you make today
regarding zoning will directly influence the future of Indian River County for decades. Once
made, decisions on zoning associated with immediate development are typically irreversible
decisions.
I know what I want as a citizen of your county. I want my wife and children to be
safe. Furthermore, I want them to enjoy our beautiful natural setting. Sarasota Bay died last
week, Florida Bay last year. When will the Indian River Lagoon die? Will you be the
Board of Commissioners responsible for its death?
SEPTEMBER 26, 1995
25
5001 96 MIE230
Please do not approve of population densities greater than one unit per acre in this
region of the County, such as the high densities proposed by the Hammock Lakes
Subdivision. Please insure developments adjacent to major drainage systems to the Indian
River Lagoon such as the Hammock Lakes Subdivision leave a marginal vegetated,
uninhabited buffer between the development and adjacent canals. Please consider leaving
some parks and green space, such as broad green belts, in between 43rd Avenue and 66th
Avenue, etc. to I-95. If all of this land is residential and commercial how will Vero Beach
and Indian River County differ from Miami and Fort Lauderdale? How will the Indian River
Lagoon differ from Sarasota Bay? I could write an epitaph for this American Lagoon of
National Significance. As proposed, the Hammock Lakes Subdivision will help me write
this epitaph. It is up to you to see that I do not.
5920 1st Street SW
Vero Beach, Florida 32968
William Hamilton, of 5900 1st Street SW, stated that he has
lived here for 10 years and in Dade County for 34 years where he
was in the construction business. He never built houses on lots
this small and does not think it is practical in this community.
He is not against progress but does not see any point in building
houses so'close together.
The Chairman asked if anyone else wished to be heard in this
matter. There being none, he closed the public hearing.
Commissioner Adams asked for an explanation from staff about
the 40% open space, and Community Development Director Bob Keating
responded there was a different interpretation between the County
Attorney and staff but the Board had agreed that staff's
interpretation was correct. The controversy involved whether open
space on lots could be considered a part of the entire project and
this interpretation is consistent with other projects in the area.
There will probably be more than 44% open space as most lots will
have more than the minimum footage.
Commissioner Bird questioned whether the project will contain
runoff internally, and Director Keating responded that the project
meets all standards.
Commissioner Bird stated that it would be nice to have
everyone on 1 acre lots but that would take a great many acres to
accomplish.
Director Keating felt that affordable housing is also a
concern.
SEPTEMBER 26, 1995 26
_I
Commissioner Tippin disagreed with the `plan but agreed that it
does meet the requirements of the Comp Plan.
Commissioner Adams agreed philosophically with Dr. Gilmore but
did not feel those concerns could be addressed in this particular
subdivision as it is within the guidelines adopted by the County.
She hoped Mr. Gilmore would share his philosophy on other projects
as well.
MOTION was made by Commissioner Adams, SECONDED by
Commissioner Bird, that the Board approve the
requested PD special exception use approval and
corresponding request for waivers as described in
Item 18 of staff's memorandum for the development to
be known as Hammock Lakes, pursuant to staff's
recommendations.
Under discussion, Chairman Macht asked to review the number of
units, and Director Keating advised there would be 2.5 units per
acre and there were tradeoffs. The developer is putting in a
pedestrian system, plus common areas, buffering and paving 1st
Street SW.
THE CHAIRMAN CALLED THE QUESTION and the
Motion passed unanimously by a 4-0 vote
(Commissioner Eggert being absent).
mou 96 PAu 2:32
SEPTEMBER 26, 1995 27
_I
BOD1< 1' p�'1,,E
SDR DEVELOPMENT INC. "S REQUEST FOR MAJOR SITE PLAN AND
SPECIAL EXCEPTION USE APPROVAL TO CONSTRUCT AN ADULT
CONGREGATE LIVING FACILITY (ACCP) - "STERLING ROUSE"
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Sehumann, Jr. who on oath
Says that he is Business Manager of the Vero Beach Prsas-Joumal, a daily newspaper published
at Vero
,1/� Dian River County, Florida;that the attached Copy of advertisement being
a
in tfee Court, was pub-
lished in said newspaper in the issues of . /",5—
Milani
_ ��
Milani further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published In said Indian River Canty, 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
advsrtlsement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed fore this day tg e_
!•' ess Manager)
og—
(SEAL)cone ,. �, : i <. IX:
CQ m Subject
m` Site
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OCR RM -10
and
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DOOMDOFFCCOLOWNC<X Of�AS
BY44s00 a Meeh Clonean
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The Board reviewed a Memorandum of September 19, 1995:
TO: James Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
ober M. Kea -ti , AI
Community Develo en irector
FROM: Stan Boling, AICP
Planning Director
DATE: September 19, 1995
SUBJECT: SDR Development Inc. as Request for Major Site Plan and
Special Exception Use Approval to Construct an Adult
Congregate Living Facility (ACLF) to be known as
-"Sterling House"
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 26, 1995.
-SEPTEMBER 26, 199 28
BACKGROUND:
• Project Description
Carter Associates, Inc., on behalf of SDR Development Inc., has
submitted a request for major site plan and special exception use
approval to construct an adult congregate living facility (ACLF) to
serve elderly clients. The subject site is located along the east
side of Indian River Boulevard on the north side of 4th Court (see
attachment #2).
The site plan application proposes an ALLY for 50 ambulatory,
elderly residents. Although the residents are ambulatory, the
facility will employ non-resident staff to provide basic
housekeeping services for the residents and to operate the
facility's dining hall.
• Planning and Zoning Commission Recommendation & Board of County
Commissioners Consideration
At its regular meeting of September 14, 1995, the Planning and
Zoning Commission voted 6-0 to recommend that the Board of County
Commissioners approve the special exception use request and to
approve the project's major site plan subject to Board approval of
the special exception use request (see attachment #5). Therefore,
the major site plan approval will become effective upon Board
approval of the special exception use request.
At the Planning and Zoning Commission meeting, prior to the
Commission's vote, the applicant changed his request from a 42
resident to a 50 resident project. Neither staff nor the Planning
And Zoning Commission had any objections ' to the change;
consequently, the change has been formally made to the application
(see attachment 4) and is reflected in the Commission's
recommendation.
The Board is now to approve, appro
special exception use request. In
must determine if the request is
property and the surrounding areas
project or grant approval to the
attach any conditions and safeguards
impacts and to ensure compatibility
area.
ANALYSIS OF THE SITE PLAN:
ve with conditions, or deny the
making its decision, the Board
appropriate for the subject
The Board may then deny the
project. The Board may also
deemed appropriate to mitigate
of the use with the surrounding
1. Zoning Classification: RM -10, Residential Multi -Family (up to
10 units per acre) and CG, General Commercial
Note: The vast majority of the site is zoned RM -10, and only
the extreme western portion of the site is within a CG zoning
district. The proposed ACLF is a special exception use in the
RM -10 and CG districts.
2. Land Use Designation: M-2, Medium Density (up to 10 units per
acre) and C/I, Commercial/Industrial
Note: The land use and zoning district boundaries are
identical.
3. Surrounding Land Use and Zoning:
North:
Vista Royale
South:
Vista Gardens
East:
Vista Gardens
West:
Indian River
i
site/CG
SEPTEMBER 26,
1995
Gardens Condominium/RM-10
Trail, vacant/RM-10
Trail, golf course/RM-10
Boulevard, old Wal-Mart Store
BOOK 96 PAGE, 23 A
14
_I
BOOT( 96 PAi;F 23 5
4. Total Overall Area of Site: ±5.57 acres or 242,629 sq. ft..
5. Total Area of Development: 3.54 acres or 154,202 sq. ft.
6. Density: Maximum allowed by the LDRs
within the area of development: 106 residents
Proposed: 50.residents
7. Proposed Building Area: 24,671 sq. ft.
8. Proposed Paved Parking Area: 17,615 sq. ft.
9. Proposed Total Impervious Surface: 55,276 sq. ft.*
Note*: The impervious surface tabulation includes the
building area, paved parking area, and accessory improvements
such as sidewalks, gazebo, miscellaneous concrete, and a
stabilized parking area.
10. Open Space:
Required: 30.0%
Proposed: 64.2% area of development
77.2% overall site
11. Parking: Required: 21 parking spaces
Provided: 31 parking spaces
Note: The site plan provides 21 paved parking spares and 10
unpaved/stabilized overflow parking spaces.
12-. Traffic Circulation: The facility will access a ±300' segment
of 4th Court at a point approximately halfway between Indian
River Boulevard and Vista Gardens Trail. The access driveway
to the facility will be a single two-way driveway on the north
side of 4th Court. The Public Works Director and the County
Traffic Engineer have approved the site's proposed driveway
connection to 4th Court and the on-site traffic circulation
plan, and have no objection to approval of this site plan
application.
13. Stormwater Management: The stormwater management plan has
been approved by the public works department, and a Type "B"
stormwater permit will be issued.
14. Utilities: The project will be serviced by county potable
water and wastewater. Connection to county utility services
is mandatory, and has been approved by the county's Department
Of Utility Services and by Environmental Health Services
(HRS).
15. Landscaping: The landscaping plan is in accordance with
Chapter 926 of the county land development regulations. Since
the zoning classification and use of properties abutting the
subject site are of the same zoning and use as the subject
site, no supplementary landscape screening or buffers are
required by the LDRs.
16. Environmental:
•Uplands: The subject site is greater than 5 acres, and is
subject to. review under the native upland preservation
requirements of LDR section 929.07. Because the site is
overgrown with Brazilian Pepper trees, environmental planning
staff has determined that no native ,upland vegetation
communities exist on the site and, theref-ore, no upland
preservation is required.
SEPTEMBER 26, 1995 30
M
•Wetlands: The overall 5.57 acre site contains 1.46 acres of
jurisdictional wetlands. The proposed project will leave the
entire 1.46 acres of wetlands undisturbed. Therefore, a
county wetland resource permit is not. required for the
proposed development.
•Habitat: Environmental planning staff has determined that
the area of development does not contain habitat that may
harbor endangered plant or animal species. Therefore, a
habitat analysis of the site is not required.
17. Dedications and Improvements: Currently, 150' of Indian River
Boulevard right-of-way exists adjacent to the subject site.
In order to provide for the 200' ultimate right-of-way for the
Boulevard, 25' of additional right-of-way will be needed .from
the site. The Public Works Director has indicated that the
county will purchase the additional 25' of Boulevard right-of-
way. Public works staff indicate that they are currently
negotiating with the applicant for the right-of-way purchase.
These negotiations are handled separately from this site plan
application. The proposed site plan is designed to
accommodate the 25' dedication.
18. Special Exception General Review Criteria: In its review of
this application, staff has made the following findings in
regard to the general review criteria for special exception
uses found in LDR section 971.05(7) and (9):
1. Ingress/egress and traffic safety have been adequately
addressed in the site's access, parking lot, and building
access layout. All county codes relating to these issues
are satisfied.
2. Off-street parking and loading areas have been adequately
provided including provisions for overflow parking and a
separate, covered drop-off area for residents.
3. Utilities in the form of public water and sewer service
have been adequately provided.
4. Screening and buffering have been adequately provided,
including landscape plantings between parking space and
driveway areas and Indian River Boulevard, and between
the proposed building and 4th Court.
5. Signs and lighting have been addressed in the site plan
review and meet all county requirements.
6. Required yards and open space have been accommodated by
the proposed design, including accommodation of setbacks
after the acquisition of 25' of Indian River Boulevard
right-of-way from the site.
7. Consistency with the comprehensive plan and LDRs: As
described in this report, the proposed use, intensity,
and site plan design are in accordance with the
comprehensive plan and LDRs.
8. Compatibility with surrounding uses: The project
intensity, location, and screening is adequate to ensure
compatibility with surrounding uses.
9. Public health, safety, and welfare: No adverse impacts on
public health, safety, and welfare are anticipated since
the project design meets all utility services,
environmental health, and traffic and drainage
engineering requirements.
BOOK 96 T-tU.20.3
SEPTEMBER 26, 1995 31
Boa 96 PnF237
10. Orderly development: the project promotes orderly
development by being designed to properly fit into the
area roadway, utilities, and drainage network and by
being compatible with surrounding uses.
19. Specific Land Use Criteria:
applicable criteria for an
for 21 or more residents.
criteria are as follows:
The applicant must satisfy all
adult congregate living facility
The group home specific .land use
(d) Criteria for group homes: Levels I, II, and III,
residential centers, and adult congregate living
facilities. Group homes shall be distinguished by their
resident capacity as follows:
1. Level I group home or ACLF, up to eight (8)
residents including caretaker(s) per shift);
2. Level II group home or ACLF, up to twelve (12)
residents including caretaker(s) per shift;
3. Level III group home or ACLF, up to twenty (20)
residents including caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or
III), twenty-one (21) or more residents including
caretaker(s) per shift.
(e) Those group homes or ACLFs whose residents are service -
dependent persons requiring special protection or
custodial care in order to meet their emotional and/or
physical needs must meet all licensing requirements from
the Department of Health and Rehabilitative Services of
the State of Florida.
1: The use shall satisfy all applicable regulations of -
the State of Florida and Indian River County as
currently exist;
2. The approving body shall determine that the
proposed use is compatible with the surrounding
neighborhood in terms of intensity of land use. As
.a measure of land use intensity, the expected
number of persons per acre of the proposed use is
equivalent to the number of persons per acre
allowed within the respective zoning district. The
number of persons per acre within the zoning
district can be derived by multiplying the density
(d.u./acre) by household size estimates for that
structure type. For the purposes of this section,
the following household size estimates shall apply:
single family homes, 2.5 person per dwelling unit;.
multiple family, 2.0 persons per dwelling unit. The
persons per acre intensity of the group home shall
not exceed one and one-half (11) times the
intensity of adjacent residential zoning
district(s).
3. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
- shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible
on a regular basis to all facility residents.
SEPTEMBER 26, 1995
M
32
M
_I
b. Minimum sleeping areas. A minimum of eighty
(80) square feet shall be provided in each
sleeping space for single occupancy. A minimum
of sixty (60) square feet of sleeping space
shall be provided for each bed in a sleeping
space for multiple occupancy.
C. Bathroom facilities. A full bathroom with
toilet, sink and tub or shower shall be
provided for each five (5) residents.
4. To avoid an undue concentration of group care
facilities in one area, all such facilities shall
be located at least one thousand two hundred
(1,200) feet apart, measured from property line to
property line.
5. If located in a single-family area, the home shall
have the appearance of a single-family home.
Structural alterations or designs shall be of such
a nature as to preserve the residential character
of the building.
6. If located in the AIR -1 zoning district, the site
shall have an L-1 land use designation.
7. The facility shall satisfy all applicable off-
street parking requirements of Chapter 954. The
facility shall meet or exceed all open space
requirements for the respective zoning district.
8. The maximum capacity of such facilities shall not
exceed the applicable number permitted by the
department of health and rehabilitative services.
9. Group home permits are transferable. If the type of
resident/client changes or the resident capacity
increases to such an extent that it would raise the
facility to a higher level group home as
distinguished by the definition, the facility must
be reevaluated for an administrative permit or
special exception approval.
Note: Later in the project construction process, the
applicant will formally apply for a state Health and
Rehabilitative Services (HRS) license to operate a 50 resident
ACLF. Pursuant to the specific land use criteria for an ACLF,
the HRS license applied for by the applicant will need to be
consistent with the 50 resident maximum established by the
special exception use application. Application for and
issuance of the HRS license occurs at the end of the
construction project, when HRS can inspect the actual
facility. To ensure that the 50 resident maximum is adhered
to, the applicant must, prior to issuance of a Certificate of
Occupancy (C.O.) for the project, document to planning staff
that he has applied to HRS for an ACLF license for no more
than 50 residents.
Staff has verified that, subject to HRS licensing of the
facility, the site plan application satisfies all of the
applicable specific land use criteria.
20. Concurrency: The applicant has chosen not to apply for an
initial concurrency certificate at this time and has executed
and notarized a concurrency notice form. The notice states
that no building permit will be issued for all or any portion
of the project unless and until a concurrency certificate is
issued for the project. The notice will be recorded in the
public records in order to alert any subsequent purchasers of
the project or portions of the project about the status of the
project's concurrency requirements.
SEPTEMBER 26, 1995
33
boor 96 F?98
BOOK 96 pg�F 2:30
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
Sterling House adult congregate living facility for 50 elderly
residents, subject to the following condition:
1. That prior to issuance of a Certificate of Occupancy (C.O.)._
for the project, the applicant shall document to planning
staff that he has applied for an HRS license for an ACLF that
houses no more than 50 residents.
Commissioner Adams left the meeting at 9:45 a.m. on private
business.
Planning Director Stan Boling advised that 106 residents would
be allowed under the regulations but the developer is only
proposing 50 residents. The Planning & Zoning Commission approved
recommendation by a 6-0 vote; however, staff added the condition
that, prior to a Certificate of Occupancy being issued, the
applicant shall document that they have applied for a license for
no more than 50 residents.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board by a 3-0 vote
(Commissioners Eggert and Adams being absent)
unanimously approved the special exception use for
the Sterling House adult congregate living facility
for 50 elderly residents; subject to the condition
that prior to issuance of a Certificate of Occupancy
the applicant shall document that he has applied for
an HRS license for an ACLF that houses no more than
50 residents, pursuant to staff's recommendations.
SEPTEMBER 26, 1"5 34
APPROVAL OF HURRICANE ERIN DISASTER TER RELIEF FUNDING
AGREEMENT FOR EMERGENCY DECLARATION
The Board reviewed a Memorandum of September 8, 1995:
TO: Board of County Commissio ers
THROUGH: Doug Wright,, ht, Director
Department of Emergency Services
FROM: John Ring, Emergency Management Coordinator
Division of Emergency Management
DATE: September 8, 1995
SUBJECT: Approval of the Hurricane Erin Disaster Relief Funding
Agreement for Emergency Declaration FEMA -3116 -EM -FL
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the meeting scheduled for September 26, 1995.
DESCRIPTION AND CONDITIONS:
At the August 1, 1995, Board of County Commissioner's meeting, the
Board approved and authorized the Chairman to execute Resolution
95-88 declaring a Local State of Emergency in an effort to
safeguard the life and property of local citizens from the
projected impact of Hurricane Erin. Realizing the potential
expenditure of public funds, the Emergency Services Director
requested the Florida Division of Emergency Management (FDEM)
include Indian River County into available federal reimbursement
programs related to the performance of public protection activities
and recovery operations relative to Hurricane Erin. This request
was forwarded to the Governor's Office and was approved in
Executive Order 95-282 for an Emergency Declaration and was
subsequently approved by the Federal Emergency Management Agency
(FEMA). On August 10, 1995, President Bill Clinton approved a
Presidential Emergency Declaration and authorized funds under the
Robert T. Stafford Act for relief and recovery assistance to
affected areas.
Under the Stafford Act, Indian River County is eligible for
reimbursement of non-insured expenses related to debris removal on
public roads and right-of-way undertaken by County workers. We are
also eligible for emergency protective activities provided to
protect life, safety, property, and health; this includes Emergency
Operation Center expenses, Special Needs Shelter expenses, prorated
equipment usage, and overtime expenditures for all employees
assigned emergency activities.
The disaster funds for eligible costs are a two-part reimbursement.
The Stafford Act provides for a 75% federal reimbursement of
approved expenses. On August 25, 1995, Governor Chiles announced
that he had taken action, supported by the Legislature, which
provides the 25% non-federal portion of costs from State funds.
The Emergency Services staff, with assistance from the Office of
Management and Budget, has met with FEMA and FDEM field teams on
several occasions over the last month in pursuit of recovering
eligible costs relative to Hurricane Erin. The result of these
negotiations for reimbursement to ad valorem, dependent districts,
and constitutional officer accounts are listed below:
SEPTEMBER 26, 1995 35 Boa 96 PAGE 230
aoOK 96 241
CATEGORY A - DEBRIS REMOVAL
Labor (overtime) $ 796.38
Equipment 71185.84 _
Landfill (8/1 - 8/8) 550.04
$ 8,532.26
CATEGORY B - EMERGENCY PROTECTIVE MEASURES
Labor (overtime) $42,213.05
Equipment 21421.59
Material 31929.06
Contract 3.435.76
$5,999.46
TOTAL ELIGIBLE REIMBURSEMENT $60,531.72
As a result of these negotiations, the Department of Emergency
Services has received the attached Disaster Relief Funding
Agreement. This is a FEMA -State agreement providing a vehicle for
federal funds to pass through the State Division of Emergency
Management to Indian River County. Recognizing that the above
reimbursement has not received final approval and may be modified
slightly, the contract requires that the County appoint a
designated agent to coordinate modifications.
ALTERNATIVES AND ANALYSIS:
The allocation of funds is based on actual payroll records,
materials and contractual services invoices, and equipment usage
which was reviewed by federal and state disaster field teams. The
acceptance and approval of this agreement by the Board will allow
Indian River County to reimburse, dollar for dollar, those accounts
depleted during response and recovery activities related to
Hurricane Erin.
RECOMMENDATION:
Staff recommends approval of the Hurricane Erin Disaster Relief
Funding Agreement and requests the Board authorize the Chairman to
execute the appropriate documents to secure the funding of
approximately $60,532. As noted above, the received funds are to
reimburse the appropriate accounts.
Staff also requests the Board approve Emergency Services Director
Doug Wright as the County's authorized agent to coordinate minor
fiscal changes and on-site follow up visits, as necessary, in
accordance with the agreement.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board by a 3-0 vote
(Commissioners Adams and Eggert being absent)
unanimously approved the Hurricane Erin Disaster
Relief Funding Agreement and approved Emergency
Services Director Doug Wright as the County's
authorized agent to coordinate minor fiscal changes
and on-site follow-up visits, as necessary, in
accordance with the agreement.
AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
SEPTEMBER 26, 1995 36
J
� ® r
CLAIMS SERVICE AGREEMENT
The Board reviewed a Memorandum of September 18, 1995:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director 04--�/
FROM: Beth Jordan, Risk Manager8,Aa� 18 September 1995
I
SUBJECT: Agenda Request; Claims Service Agreement
We request the Board's consideration on September 26, 1995 of the 1995-96 renewal Service
Agreement between the County and Insurance Servicing & Adjusting Company (ISAC).
This begins the fourth year of this agreement with ISAC, third party claims administrator with whom we
have enjoyed an outstanding working relationship. As explained in the cover letter from Christine
Houldsworth; ISAC Risk Services Director, the minimal increase produces an average increase of 1.3
percent over the four-year term; the not to exceed cost remains the same.
We ask that the Board approve this renewal agreement.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board by a 3-0 vote
(Commissioners Adams and Eggert being absent)
unanimously approved the renewal Service Agreement
with Insurance Servicing & Adjusting Company, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
DONALD MACDONALD PARK - FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT
The Board reviewed a Memorandum of September 20, 1995:
-TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E. September 20, 1995
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Donald MacDonald Park - Florida
Recreation Development Assistance Program
Grant Agreement (FRDAP)
DESCRIPTION AND CONDITIONS
The Board of County Commissioners accepted a FRDAP grant for construction of
a boardwalk, canoe launch, pavilion and parking area at Donald MacDonald Park on
6®®K 96 FA 'JF. ��
SEPTEMBER 26, 1995 3
BOOK 96 FA;;E �� y
June 21, 1994. Staff has encountered permitting difficulties with the canoe launch.
Since canoes can be launched from the existing boat ramps at the north end of the
park, staff has requested that the launch be deleted from the project elements.
Attached is an amendment to the FRDAP Agreement that deletes the canoe launch
from the project elements.
Staff recommends that the Board authorize the Chairman to execute the
Amendment. This grant does not require matching funds.
Commissioner Adams returned to the meeting at 9:58 a.m.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Amendment to Agreement with the State
of Florida Department of Environmental Protection,
as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
BLUE CYPRESS LAKE PARK RESTROOM - FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT
The Board reviewed a Memorandum of September 15, 1995:
TO:__ James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: BLUE CYPRESS LAKE PARK RESTROOM
- Florida Recreation Development Assistance
Program Grant Agreement
REF. LETTER: Rita Pate, FLDEP to James Davis dated Sept 8, 1995
DATE: September 15. 1995
DESCRIPTION AND CONDITIONS
The Public Works Department has received a grant for Blue Cypress Lake Park in
the amount of $45,000 from the Florida DEP for funding of the construction of a
restroom building.
The project agreement for Blue Cypress Lake Park is attached for execution by the
Chairman. The project must be complete within two years of the contract date.
SEPTEMBER 26, 1995 38
ALTERNATIVES AND ANALYSIS
The Agreement requires the County to:
• Keep good financial records of the project.
Submit project status reports quarterly.
• Be responsible for wrongful acts of employees, contractor, etc.
• Allow DEP to inspect facilities.
• Refund the grant if the County is found to be non-compliant with this
agreement.
• Place a sign on site recognizing state funding.
• Dedicate the land for public recreation for at least 25 years.
Not exclude or discriminate against any person using the park based on
race, creed, color, etc.
The alternatives are as follows:
Alternative No. 1
Authorize the Chairman's signature on the project agreement for Blue
Cypress Lake Park.
Alternative No. 2
Deny the grant acceptance.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. County funding in the amount of $45,000 for
Blue Cypress Lake Park Restroom Building is from Parks Account 001-210-572-
066.29.
Chairman Macht suggested a briefing of the current status of
development at Blue Cypress Lake.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the State of Florida Department of
Environmental Protection Florida Boating Improvement
Program Development Project Grant Agreement, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
SEPTEMBER 26, 1995 39 b00K 96 wu-r 244
BOOK 96 �A�F4
INTERSECTION IMPROVEMENT DESIGN PROJECT -
WORK ORDER NO. 2 - I��II.EY-HORN
The Board reviewed a Memorandum of September 18, 1995:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
Or'
FROM: Christopher R. Mora, P.E.
County Traffic Engineer
SUBJECT: Intersection Improvement Design Projects
Design Work Order No. 2
Locations: 1. Winter Beach Road & SRAlA
2. 4th Street & 43rd Avenue
3. 4th Street & 20th Avenue
DATE: September 18, 1995
DESCRIPTION AND CONDITIONS
Indian River County entered into a Master Agreement with Kimley-
Horn and Associates, Inc. in September, 1994, whereby Kimley-Horn
would provide. professional engineering design services to the
County. Kimley-Horn was the highest ranked consultant after
completion of the selection process for the Intersection
Improvement Design Program. These three intersection design
projects (Winter Beach Rd/AlA, 4 ST/43AV, & 4 ST/2a AV) represent
the 2nd design work order issued to Kimley-Horn under this
agreement. The first project was CR510 & U.S.1, which is nearing
design completion. These projects will provide safety and capacity
improvements at these intersections.
ALTERNATIVES AND ANALYSIS
Staff has negotiated a work order fee of $68,498 for this project.
Any additional projects will require approval of additional work
orders by the Board of County Commissioners.
RECOMMENDATIONS & FUNDING
It is recommended that Design Work Order No. 2 be approved. The
funding for these projects comes from Traffic Impact Fees in
Districts 1, 6
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved Design Work Order No. 2 with Kimley-Horn
and Associates, Inc. in the amount of $68,498, as
recommended by staff.
- WORK ORDER IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
SEPTEMBER 26, 1995 40
REPLACEMENT OF WATER MAIN AT HOBART LANDING -
WORK AUTHORIZATION NO. 30 - DRIVEWAYS. INC.
The Board reviewed a Memorandum of September 18`, 1995:
DATE: SEPTEMBER 18, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTI SERVICES
PREPARED ROBERT O. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: HOBART LANDING - WORK AUTHORIZATION NO. 30
INDIAN RIVER COUNTY BID NO. 4007
BACKGROUND
On April 11, 1995, the Board of County Commissioners approved Work
Authorization No. 30 to Driveways, Inc., to replace the water main at Hobart
Landing. The project is 87% complete. The remainder of the project has been
delayed until the water transmission main at.U.S. Highway No. 1, is complete
and this new water main replacement will be connected. A field change order
was made during construction and is attached for approval. The original
contract for Work Authorization No. 30 was $75,794.48.
ANALYSIS
During construction, a substitution of a ductile iron pipe for PVC was
necessitated due to the nature of rocky soil in the area of the construction.
Additional exploratory excavation and hardship conditions were also required
for an adjustment caused by the same reason. Sample points were added into
the original estimated quantity due to the number of bacteriological testings
required to be performed by DEP. These tests will be performed again when
the distribution system is connected to the water transmission main at U.S.
1.
The additions of—items, as well as the deletion or reduction of quantities
are reflected on the attached spread sheet. These changes resulted in an
increase in the amount of $2,403.14, therefore increasing the total labor
contract cost to $78,197.62.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval for
Change Order No. 1, in the amount of $2,403.14 which will increase the total
compensation for Work Authorization No. 30 to $78,197.62 to Driveways, Inc.,
for services rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved Change order No. 1 in the amount of
$2,403.14 with Driveways, Inc., increasing the total
compensation for Work Authorization No. 30 to
$78,197.62, as recommended by staff.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
SEPTEMBER 26, 1995 41 aooK 96 F,Au 246
Boor 96 FA,,F ?4 7
REGULATION OF COMMERCUL BINGO GAMES
The Board reviewed a letter from the "Charitable Bingo Relief
Committee" as follows:
Indian River Board
1840 25th Street
Vero Beach, Florida
of County Commissioners
32960
Re: Florida Statute Section 849.0931
Due to the "loopholes" existing under Section 849.0931 Florida
Statutes, there is a need for county regulation in order to
assure the ability of charitable, nonprofit and veterans
organizations engaged in charitable, civic, community, benevolent
religious or scholastic works and other similar activities to
conduct bingo games for the purpose of raising and donating,
to such organizations and causes, funds derived from such games.
In order to protect the charitable fund raising activities of
"authorized organizations", we ask that an ordinance be enacted
to close a loophole in Florida Statute 849.0931 referred to
above. Such an ordinance would limit bingo games within your
territorial jurisdiction. At any location bingo would be
restricted to one session per day and on no more that two days
per week. We feel that this closes the- loophole in 849.0931.
This request for your assistance is made on behalf of the below
named charitable organizations. Please respond to this request
to James C. Hall, 7300 20th St. #548, Vero Beach, FL 32966.
or 567-9320. Thank you for your consideration.
��
J mes C. Hall, Chairman
"Charitable Bingo Relief Committee"
1. Council on Aging of Indian River County
2. Italian -American Civic Association, Inc.
3. Vero Beach Knights of Columbus No. 5629
4. Vero Beach Moose Lodge No. 1822
5. Polish -American Social Club
6. Sebastian Elks Lodge # 2714
7. Sebastian Knights of Columbus
8. St. Helen's Catholic Church
9. St. John of the Cross Catholic Church
10. VFW
11. Vero Beach Elks Lodge # 1774
"CharitableBingo Relief Committee"
James C. Hall, Chairman
7300 20th Street, #548
Vero Beach, Florida 32966
SEPTEMBER 26, 1995 42
Chairman Macht advised that he had received a call from a
representative of the Italian American Civic Association who
expressed some of the same concerns stated in Mr. Hall's letter.
Chairman Macht'suggested that the County Attorney be instructed to
write letters to law enforcement agencies and draft an ordinance
attempting to control commercial bingo games.
Commissioner Bird questioned how to go about differentiating
between commercial bingo games and charitable bingo games, and
County Attorney Vitunac responded that bingo has an historical
nexus with charities, whereas commercial operations are known to
have a bad effect on neighborhoods.
CONSENSUS was reached that the County Attorney should draft an
ordinance for approval by the Board.
Commissioner Bird stated that he has had inquiries about
locations for commercial bingo games at his real estate office.
TOURIST TAX FUNDS TO ASSIST THE CITY OF VERO BEACH IN
REPLACEMENT OF SAND LOST TO EROSION
The Board reviewed a Memorandum of September 19, 1995:
TO: Board of County Commissioners
FROM: Fran B. Adams, Commissioner
DATE: September 19, 1995
SUBJECT: Request for Tourist Tax Funds to Assist the City of
Vero Beach in Replacement of Sand Lost to Erosion
The following recommendation was made at the Beach and Shore
Preservation Advisory Committee meeting on September 18, 1995:
ON MOTION by Virginia Mann, SECONDED by Mike
Vanatta, the committee unanimously voted (5-0)
to request that the Board of County
Commissioners use tourist tax money in the
amount of $25,000 to assist the City of Vero
Beach by placing sand on the beach in the
P.E.P. reef project area
Commissioner Adams discussed the loss of sand in front of the
location of the planned PEP reef and reminded everyone that we are
only 2 weeks away from the northeaster season. She is requesting
a token amount of $25,000 which has been allocated to beach
preservation.
County Engineer Don Donaldson presented -some graphics with
profiles before and after Hurricane Erin. Replacement is needed at
Conn Beach, Sexton Plaza, Humiston Park, and Flamevine Lane south
SEPTEMBER 26, 1995
43
6m 96 FAr?F ?49
BOOK 96 �'A,;F `J
of Crusty's. The estimated cost for fill is $68,400 and $60,800
for grading, for a total cost of $129,200.
Cliff Suthard, Director of Public Works for the City of Vero
Beach, advised that the DEP had delegated authority to the City for
replacement within the city limits; however, they later said the
amount requested was too much and the City has had to supply much
more information.
Commissioner Adams felt the County has an obligation to
cooperate and try to maintain the status quo until we can get the
reef installed.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved using tourist tax funds in the amount of
$25,000 to assist the City of Vero Beach in placing
sand on the beach in the P.E.P. reef project area.
EMERGENCY SERVICES DISTRICT
The Chairman announced that, immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Emergency
Services District. Those Minutes are being prepared separately.
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.
Chairman Macht wished Commissioner Eggert a rapid recovery
from her surgery.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:08 a.m.
ATTEST:
J. . Barton, Clerk
Minutes Approved: I 0 - a0 ` )
SEPTEMBER 26, 195 44
Kenneth R. Macht-,----Chairman
� MINUTErATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A D E N 0 A
TUESDAY, OCTOBER 3,1995
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
2. IWOCATION Rev. Marilyn Rieger
Unity Church of Vero Beach
3. PLE 3GV OF ALL FGIANCT _ James E. Chandler
4.Ami DITIONS to the A .ENDAT01ERGENCY ITEMS
None
A. Presentation of Proclamation Designating Oct. 1-7,
1995 as Residents' Rights Week 1995
B. Presentation of the Distinguished Budget Presentation
Award from the Government Finance Officers Assoc.
(letter dated June 7, 1995)
''; 1 1 u l lcl l l
Special Meeting of September 14, 1995
A. Received & Placed on File in Office of Clerk to the
Board: I.R.C. Hospital District - Final Budget
B. Occupational License Fees Collected During Month
of August, 1995
(memorandum dated September 22, 1995)
1
8. CONSTITIMONAL OFFICERS and
GOVERNMENTAL AGENCIES
Sheriff Crary C. Wheeler Request to Appear Re:
Fund 112, Special Law Enforcement
(letter dated September 26, 1995)
9:05 A.M. 9. PUBLIC ITEMS
None
None
Firefighters' Relief and Pension Fund
(memorandum dated September 22, 1995)
11. DEPARTMENTAL MATTERS
A. Community Develo m n
Request for Board Approval of Herb Kale
(Memorial) Nature Trail at the Oslo River -
front Conservation Area
(memorandum dated September 25, 1995)
7. CONSENT
AGENDA (cont'd );
C.
Award Bid #6003 / Limerock Base & Soil Cement
(memorandum dated September 19, 1995)
D.
Award Bid #6004 / Shell Material
(memorandum dated September 21, 1995)
E.
Award Bid #6015 / Ready Mix Concrete
(memorandum dated September 19, 1995)
F.
Request to Set Public Hearing Date: Ordinance
Regulating Bingo Games
(memorandum dated September 26, 1995)
G.
Request for Board Approval of Interlocal
Agreement with the City of Sebastian: -
Sebastian Highlands Scrub FCT Acquisition
Project
(memorandum dated September 27, 1995)
8. CONSTITIMONAL OFFICERS and
GOVERNMENTAL AGENCIES
Sheriff Crary C. Wheeler Request to Appear Re:
Fund 112, Special Law Enforcement
(letter dated September 26, 1995)
9:05 A.M. 9. PUBLIC ITEMS
None
None
Firefighters' Relief and Pension Fund
(memorandum dated September 22, 1995)
11. DEPARTMENTAL MATTERS
A. Community Develo m n
Request for Board Approval of Herb Kale
(Memorial) Nature Trail at the Oslo River -
front Conservation Area
(memorandum dated September 25, 1995)
1 NJ, 1DION IF3 NJ, KV W -
Approval of Consultant for 800 MHz
Communications System
(memorandum dated September 27, 1995)
C. General Servicec
None
D. Leisure Servicec
None
E. Office of Management and Bud et
State Mandates - Administrative Fees
(memorandum dated September 27, 1995)
F. Personnel
None
G. Public Works
Resolutions to Provide for the Paving and Drainage
Improvements to and set Public Hearing Date for:
1st St. SW Between 66th Ave. & 58th Ave.
(memorandum dated September 26, 1995)
H. Utilifiec
1. Idlewild S/D Water Line Replacement Project
Change Order #1 and Final Pay Request
(memorandum dated September 22, 1995)
2. City of Sebastian Wastewater Treatment Plant
Connection to County Utilities
(memorandum dated September 21, 1995)
3. Engineering Firm Selection - RFP for the
Expansion of the Central Regional Wastewater
Treatment Plant
(memorandum dated September 26, 1995)
4. Developer's Agreement with Edgar L. Schlitt
for Master Planned and Non Master Planned
Water Main Extensions for Sterling House
Assisted Living Facility
(memorandum dated September 26, 1995)
12. COUNTY ATTO NF.Y
Reasons Sanitation
(memorandum dated September 25, 1995)
M M -
WININIMIT3 14711 M � I DI RI I y DIJj
I .11 • I • I I' 1 9, ,% r I
B. Vice Chairman Fran R. Adams
I IIII - I I: 11 : 1
1 I 11 II ( I I /I '
E. Commissioner John M TippW
'V41 a 11 RI :1 IN
1. Approval of Owner and Contractor Agreement
for Construction/Renovation of Station #10 -
Northwest Station
(memorandum dated September 27, 1995)
2. Acceptance of Quitclaim Deed From the
Fellsmere Volunteer Fire Department, Inc.,
for Lots 21, 22, and 23, Block 98, Town of
Fellsmere
(memorandum dated September 26, 1995)
1. 95-96 Litter Control & Prevention Grant
Acceptance Signature
(memorandum dated September 13, 1995)
2. Professional Engineering/Financial Services
(memorandum dated September 5, 1995)
M�I 114 [sit) Rao ROM
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.
M W
Tuesday, October 3, 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, October 3, 1995,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B.
Adams, Vice Chairman; Richard N. Bird; and John W. Tippin. Absent
was Carolyn K. Eggert, who was recuperating from knee surgery.
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.
Reverend Marilyn Rieger of Unity Church of Vero Beach gave the
invocation, and Administrator Chandler led the Pledge of Allegiance
to the Flag.
Chairman Macht announced that Commissioner Eggert expects to
be released today from Shands Hospital and be back in Vero Beach
tonight at the Healthsouth Treasure Coast Rehabilitation Hospital
to recuperate from knee surgery.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
None
PROCLAMATIONS AND PRESENTATIONS
Proclamation - Residents' Rights Week 1995
Chaintiaz Macht read aloud the following proclamation and
presented it to Mary Gerdetz, Ombudsman for Indian River County,
Long-term Care Ombudsman Council, District 9:
OCTOBER 3, 1995
BOOK 96 pr; -E251
PROCLAMATION
WHEREAS, the Long-term Care Ombudsman Council, District 9, has
petitioned that the week of October 1 - 7, 1995 be
designated "RESIDENTS' RIGHTS WEEK.; and
WHEREAS, aging Americans find themselves faced with emotional,
Physical, psychological, social and mental disabilities
often necessitating residence in a long-term care
facility; and
WHEREAS, these older Americans, while receiving appropriate health
care and support services commensurate with their needs,
are entitled to the rights and privileges which ensure
their dignity and quality of life as they age; and
WHEREAS, these rights and privileges include enjoyment of life,
privacy, self-determination, freedom from mental and
p1sical abuse, neglect and exploitation, and ability to
pa ticipate in civil and religious liberties as if living
in their own homes; and
WHEREAS, this undersigned body, realizing that all citizens,
whether homebound or in a long-term care facility, are
entitled to exercise their rights as granted by the OLDER
AMERICANS ACT as re -authorized in 1992:
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS that the week of OCTOBER 1 - 7,
1995 be designated as
RESIDENTS' RIGHTS WEEK 1995
in Indian River County_ to encourage the exercise of
Residents' rights and to honor long-term care residents
wherever they may be.
Dated this 3 day of October, 1995.
BOARD OF COUNTY CONIlUSSIONERS
INDIAN. RIVER COUNTY, FLORIDA
Kenneth R. Macht, Chairman
PRESENTATION OF AWARD FROM GOVERNMENT FINANCE
OFFICERS ASSOCIATION
Chairman Macht read aloud the following announcement and
presented the Board's commendation to OMB Director Joe Baird for
his part in receiving this award. Director Baird emphasized that
his staff - Kim Massung, Laura Post, Irene Lewis - deserve the
credit for getting the award because they did all the work.
2
OCTOBER 3, 1995
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/977-9700 • Fax: 312/977-4806
June 7, 1995
PRESS RELEASE
For Further Information Contact
RELEASE IldNMIATELY Stephen J. Gauthier (312) 977-9700
CHICAGO --The Government Finance Officers Association of the United States and
Canada (GFOA) is pleased to announce that the Indian River County, Florida has received
GFOA's Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the jurisdiction. It reflects the
commitment of the governing body and staff to meeting the highest principles of
governmental budgeting. In order to receive the budget award, the jurisdiction had to
satisfy nationally recognized guidelines for effective budget presentation. These guidelines
are designed to assess how well a government's budget serves as:
• a policy document
• a financial plan
• an operations guide
• a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
Since the inception of GFOA's Distinguished Budget Presentation Awards Program in 1984,
approximately 650 jurisdictions have received the Award. Award recipients have pioneered
efforts to improve the quality of budgeting and provide an excellent example for other
governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association serving
12,650government finance professionals throughout North America. GFOA's Distinguished
Budget Presentation Awards Program is the only national awards program in governmental
budgeting.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Special Meeting of September 14, 1995. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved the
Minutes of the Special Meeting of 9/14/95, as
written.
s BOOK 9 FAL'E252
OCTOBER 3, 1995
BOOK 96 Fl; E 53
CONSENT AGENDA
A. Report
Received and Placed on File in Office of Clerk to the Board:
IRC Hospital District - Final Budget
B. Occupational License Fees Collected - August, 1995
The Board reviewed the following memo dated 9/22/95:
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collecto
SUBJECT: Occupational Licenses
DATE: September 22, 1995
Pursuant to Indian River County Ordinance No. 95-15, please be
informed that $35,588.25 was collected in occupational license
taxes during the month of August, representing the issuance of
948 licenses for the 95-96 license year. This is the first month
collections under our revised occuptional license ordinance within
the unincorporated areas only.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) accepted the
Occupational License Fee Report, as submitted.
C. Award Bid ##6003 - Limerock Base & Soil Cement Annual Contract
The Board reviewed the following memo dated 9/19/95:
DATE: September 19, 1995
0
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6003/Limerock Base & Soil Cement
- Annual Contract/Road and Bridge
BACKGROUND INFORMATION:
Bid Opening Date: September 4, 1995
Advertising Dates: August 21, 28, 1995
Specifications Mailed to: Nine (9) Vendors
Replies: Two (2) Vendors
4
OCTOBER 3, 1995
VENDOR
Dickerson Florida, Inc
Stuart, FL
Pan American
Vero Beach, FL
BID TABULATION
Lime Rock - * $ 5.95
Soil Base - $ 4'..95 -
Lime Rock - $ 6.10
Soil Base - * $ 2.90
* Indicates bid award recommendation.
RECOMMENDATION
Staff recommends the following:
1. Award the bid for Limerock Base to Dickerson F1 Inc
and Soil Cement to Pan American as the lowest most
responsive, and responsible bidders' meeting
specifications as set forth in the Invitation to Bid.
2. Establish an Open End Contract withDickerson,- Florida
Inc for �Zflne pock and Pan American for&1I CemB with
a not to exceed amount of $80, 000.00 during the period
October 1, 1995 through September 30, 1996. Last year's
expenditures were $71,016.57.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) awarded Bid #6003
for limerock to Dickerson FL Inc. and to Pan
American for soil cement, as set out in the above
staff recommendation.
A Award Bid #6004 - Shell Material
The Board reviewed the following memo dated 9/21/95:
DATE: September 21, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid ,#6004/Shell Material
Road and Bridge - Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: August 21, 1995
Advertising Dates: July 26, Aug 2, 1995
Specifications Mailed to: Eight (8) Vendors
Replies: One (1) Vendor
OCTOBER 3, 1995 5 BOOK 96 PAGE 254
BID TABULATION
Stewart Industries
Ft Pierce, FL
RECOMMENDATION:
BOOK
1. Staff recommends that the bid be awarded to the sole
bidder, Stewart Industries for the Shell Material.
Department recommends rebidding the Top Dressing
Material as the vendor did not include material
specifications. (See Attached Memo)
2. Establish an Open End Contract with Stewart Industries
with a not to exceed amount of $ 30,000.00 during the
period October 1, 1995 thru September 30, 1996. Last
year's total expenditures were $28,000.00.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) awarded Bid #6004
for shell material to Stewart Industries, as set out
in staff's recommendation.
E. Award Bid #6015 - Ready Mix Concrete
DATE:
TO:
THRU:
The Board reviewed the following memo dated 9/19/95:
September 19, 1995
BOARD OF COUNTY COMMISSIONERS
James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director',
Department of General Services
Purchasing Manage
FROM: Fran Boynton Powell,
SUBJ: Award Bid ,#6015/Ready Mix Concrete
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
OCTOBER 3. 1995
September 4, 1995
August 21, 28, 1995
Five (5) Vendors
Two (2)
E
96 FACE 255
UNIT PRICE
TON
1:
Zone A Delivered -
$
5.90
2.
Zone B Delivered -
$
5.50
3.
Zone C Delivered -
$
5.50
4.
Zone D Delivered -
$
7.25
5.
Shell Picked Up -
$
2.45
6.
Delivered for Alternate
Top Dressings
Zone A -
$
4.49
7.
Zone B -
$
3.95
8.
Zane C -
$
4.10
9.
Zone D -
$
6.00
1. Staff recommends that the bid be awarded to the sole
bidder, Stewart Industries for the Shell Material.
Department recommends rebidding the Top Dressing
Material as the vendor did not include material
specifications. (See Attached Memo)
2. Establish an Open End Contract with Stewart Industries
with a not to exceed amount of $ 30,000.00 during the
period October 1, 1995 thru September 30, 1996. Last
year's total expenditures were $28,000.00.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) awarded Bid #6004
for shell material to Stewart Industries, as set out
in staff's recommendation.
E. Award Bid #6015 - Ready Mix Concrete
DATE:
TO:
THRU:
The Board reviewed the following memo dated 9/19/95:
September 19, 1995
BOARD OF COUNTY COMMISSIONERS
James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director',
Department of General Services
Purchasing Manage
FROM: Fran Boynton Powell,
SUBJ: Award Bid ,#6015/Ready Mix Concrete
County Wide Annual Contracts
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
OCTOBER 3. 1995
September 4, 1995
August 21, 28, 1995
Five (5) Vendors
Two (2)
E
96 FACE 255
BID TABULATION COST PER CUBIC YARD
5 Yds or
2500 psi 3000psi 4000psi
Less
Russell Concrete
$50.00
$51.50
$55.00
$50.00
Vero Beach, Fl
Rinker Materials
$55.00
$56.50
$60.00
$75.00
Vero Beach, F1
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Russell Concrete as the overall lowest
most responsive and responsible bidder meeting
specifications.
2. Establish an Open End Contract with Russell Concrete for
Ready Mix Concrete with a not to exceed amount of
$20,000.00. Last year's expenditures totaled $18,000.00.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) awarded Bid #6015
for ready mix concrete to Russell Concrete, as set
out in staff's recommendation.
F. Schedule Public Hearing to Consider Ordinance Regulating_
Bingo Games
The Board reviewed the following memo dated 9/26/95:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney�a
DATE: September 26, 1995
SUBJECT: ORDINANCE REGULATING BINGO GAMES
Several non-profit charitable organizations in Indian River County are
concerned that a commercial operation might begin operations in the
County. They have requested the subject amendment.
A public hearing date of October 17, 1995 is suggested.
7 90®K 96 FAc 256
OCTOBER 3, 1995
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) scheduled a
public hearing for October 17, 1995 to consider the
adoption of an ordinance regulating bingo games.
G. Approval of Interlocal Agreement with City of Sebastian on
Sebastian Highlands Scrub FCT Acquisition Project
The Board reviewed the following memo dated 9/27/95:
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
.\VY�i .. ti • i\Qi►Yiiiy � A i
Community Developmen Di
FROM: Roland M. DeBlois,'ATCP
Chief, Environmental Planning
DATE: September 27, 1995
96 PAGE 25 7
RE: Request for Board Approval of Interlocal Agreement with
City of Sebastian: Sebastian Highlands Scrub FCT
Acquisition Project
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 3, 1995.
DESCRIPTION AND CONDITIONS
In September 1994, county staff, as authorized by the Board of
County Commissioners, submitted an application to the Florida
Communities Trust (FCT) program for 50% acquisition funding of the
Sebastian Highlands scrub lots. In January, 1995, the project was
approved by the FCT, and on April 18, 1995, the Board of County
Commissioners approved a Conceptual. Approval Agreement for the
project (see attached minutes). Because the Sebastian Highlands
Scrub project is located entirely within the city limits of
Sebastian, the Agreement was executed by the City Council as well.
Interlocal Agreement Requirement
As specified in the Conceptual Approval Agreement, the State
requires that, if a project involves more than one local
jurisdiction, an Interlocal Agreement - in this case between the
County and City of Sebastian - must be executed prior to project
closing.
s
OCTOBER 3, 1995
Staff has drafted an Interlocal Agreement and, in coordination with
Sebastian staff, has obtained City approval of the agreement,
pending County Commission approval. This agenda item is presented
for the Board to consider approval of the Sebastian Highlands Scrub
Project Interlocal Agreement (attached).
ANALYSIS
The Conceptual Approval Agreement approved by the Board, the FCT,
and the City of Sebastian, identifies Indian River County as the
sole title holder of the project property once, acquired. The
Agreement also provides that Indian Rive= County will be
responsible for project management. According to FCT (arid'County)
procedures, a project -specific management plan must be drafted and
approved prior to project closing. At that time, before fully
committing to project purchase, the Board will have the opportunity
to consider, in detail, long-term maintenance costs.
The attached Interlocal Agreement reiterates general commitments
made by the County in the Conceptual Approval Agreement, largely
concerning project management. The Agreement reinforces that the
City of Sebastian will not be obligated to undertake project
management responsibilities, but will provide. basic service such as
Police protection consistent with its policies.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve and
authorize the Board Chairman to execute the attached Sebastian
Highlands Scrub project Interlocal Agreement.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved the
Interlocal Agreement with the City of Sebastian on
the Sebastian Highlands Scrub Project, as
recommended by staff.
CONTRACT
THE BOARD
OCTOBER 3, 1995
PLACED ON FILE IN THE OFFICE OF THE CLERK TO
V11
BOOK 96 PAIGE 02.058
I
BOOK 96 PACE 259
SHERIFF'S REQUEST - FUND 112, SPECIAL LAW ENFORCEMENT
The Board reviewed the following letter dated 9/26/95:
04jeriff
-.F GARY C. WHEELER • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41 st AVENUE VERO BEACH, FLORIDA 32860-1808 PHONE 407-569-6700
September 26, 1995
The Honorable Kenneth R. Macht, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960-3394
Re: Fund 112, Special Law Enforcement
Dear Chairman Macht:
This letter is a request for authorization to use $68,038 from the Law Enforcement Trust Fund to
purchase items for use by our Emergency Response Team and Uniform Division. We plan to
purchase a "Step Van", a "Rescue Phone", and "Tactical Equipment" for use by the agency's
Emergency Response Team. Other purchases include "Radar & Video Equipment" to be used by
the Uniform Patrol Officers. Please place this on the agenda for the Board of County
Commissioners to approve.
Currently, we do not have a law enforcement vehicle which will allow us to transport our
Emergency Response Team (ERT) along with their specialized equipment. Team members are
required to store some of their individual equipment in patrol vehicles. The balance of the team's
equipment is stored in various locations within the agency. This van will allow the ERT to
respond to emergencies such as hostage situations in a more timely fashion and will permit better
control over specialized equipment. The van will also serve as a "Command Post" for
emergency situations such as hurricanes, disasters, barricaded subjects,.and other law
enforcement emergencies.
The lack of a rescue phone has placed our ERT in difficult circumstances. In the situation of
barricaded/hostage cases, the rescue phone will give ERT the means to communicate with the
suspect and or victim. Frequently, telephone lines are cut or are otherwise unusable to establish
critical communications with the suspects and or victims. Further, the van will play an important
communications role because the mobile facility will be equipped with electrical power, phones,
radios and the other amenities necessary to support long term events.
all
OCTOBER 3, 1995
The tactical equipment will be used to further ensure the safety of our officers when it becomes
necessary to enter a possibly dangerous area. This equipment would have been especially helpful
in a recent incident where an individual barricaded himself within a residence and refused to
surrender.
The radar and video equipment will be utilized m the traffic stop and drug interdiction process
along the roadways of our county. The video equipment willalsogreatly enhonce the training
for our officers in drug law enforcement and relaxed officer safety issues.
I will be available to answer any questions you might have relating to this request. Thank you for
your assistance in this matter.
Sincerely,
,&, e, 044,�-
GaryT.Wheeler,
Sheriff
Lt. Ed Glaser from IRC Sheriff's Office advised that he and
Sgt. Mike Rands were here to answer any questions regarding the
responsibilities of the Emergency Response Team. The Commissioners
did not have any questions.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) authorized the
expenditure of $68,038 from the Law Enforcement
Trust Funds to purchase items for use by the
Emergency Response Team and Uniform Division, as
requested by Sheriff Wheeler.
11
OCTOBER 3, 1995
BOOK 96 PAGE 260
BOOK 96 PAGE 261
FIREFIGHTERS' RELIEF AND PENSION FUND
The Board reviewed the following memo dated 9/22/95:
TO: Board of County Commissioners
DATE: September 22; 1995
SUBJECT: Firefighters' Relief and Pension Fund
FROM: James E. Chandler7jC
County Administrator
Attached is a recommendation from City Manager Tom Nason and the Vero Beach Firefighters'
Relief and Pension Fund Board to increase the retirement benefits of the 9 active members remaining
in the City Plan.
The proposal would increase the credited service accrual rate from 2.5% to 3% for service prior to
October 1,1991. In 1991, the accrual rate was increased from 2.5% to 3% for service after October
1, 1991. The State Plan has an accrual rate of 3% that became effective January 1, 1993. Varied
accrual rates are applied for prior service. The Pension Board also proposes to add a supplemental
benefit equal to $10 per month for each year of credited service.
Employees in the City Plan have a 7% salary contribution, whereas there is no employee
contribution in the State Plan. There has been no expense to the County for several years and the
City Manager advises there would be none projected with the proposed changes.
I concur with the recommendation of the City Manager and Pension Board.
Tom Nason, Vero Beach City Manager, stated that this plan is
actuarially sound and he highly recommends approval.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) authorized the
increase in retirement benefits of the 9 active
members remaining in the City Plan, as set out in
the above memo.
APPROVAL OF HERB KALE (MEMORIAL) NATURE TRAIL AT OSLO
RIVERFRONT CONSERVATION AREA
The Board reviewed the following memo dated 9/25/95:
12
OCTOBER 3, 1995
TO: James E. Chandler
County Administrator
DEP TMENT BEAD CONCURRENCE:
ober M.esti g, P
Community Deve pmt Director
FROM: Roland M. DeBlois,r-AdCP
Chief, Environmental Planning
DATE: September 25, 1995
RE: Request for Board Approval of Herb Kale (Memorial)
Nature Trail at the Oslo Riverfront Conservation Area
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting on October 3, 1995.
DESCRIPTION AND CONDITIONS
The +298 acre Oslo. Riverfront Conservation Area, consisting of
coastal hardwood hammock and estuarine wetlands, was jointly
acquired by the County and St. Johns River Water Management
District in 1991 for conservation purposes. Over the past year,
permitting, engineering and design of public access/passive
recreation site improvements has been conducted and is nearing
completion. More recently, the County has received approval of a
FIND cost -share grant for "Phase II" construction of improvements
in Fiscal Year 1995-96. These improvements, as set forth in the
approved management plan, include limited parking, nature trails,
boardwalks, and an observation platform.
Earlier this month, the County received a proposal sponsored by the
Pelican Island Audubon Society (PIAS) and the Eugenia Chapter of
the Florida Native Plant Society (FLAPS), requesting that the County
name the nature trail at the Oslo Riverfront Conservation Area the
"Herb Kale Nature Trail", in honor of Dr. Herbert W. Kale II,
recently deceased. This agenda item is presented for the Board to
consider the memorial trail request.
VX f�"IT_*cl
As explained in the attached letters of endorsement, Dr. Kale was
a member of the Florida Audubon Society for 20 years, where he held
the position of Vice President of Ornithology. Prior to that time,
he lived and worked in Indian River County and was a staff
scientist at the Florida Medical Entomology Laboratory (FMEL) for
over ten years. In his work at the FMEL, Dr. Kale engaged in
research on the upland and wetland areas that comprise the Oslo
Riverfront Conservation Area. John Kale notes in a letter
(attached) that his father wrote to the County Commission 20 years
ago (in 1975), urging protection of the Oslo Riverfront
Conservation Area property for ecological reasons.
Consistency with Management Plan
The proposed memorial trail is consistent with
management plan approved by the Board and the St. Johi
Management District. In fact, the dedication of th
serve the plan's intent to promote alternatives to
County management costs by encouraging volunteerism
funding. As proposed, the PIAS would take the lead
trail markers, a memorial plaque, and in assisting
maintenance of the trail.
the property
is River Water
e trail would
out-of-pocket
and alternate
in providing
in long term
OCTOBER 3, 1995 13 BOOK 96 PAGE 262
BOOK 96 PAGE 263
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
proposal that the nature trail at the Oslo Riverfront Conservation
Area be named the "Herb Kale Nature Trail", in honor of Dr. Herbert
W. Kale II, and authorize staff to coordinate with the PIAS and
other sponsors concerning trail design, signage, and maintenance.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved the
proposal of the "Herb Kale Nature Trail", as set out
in staff's recommendation.
APPROVAL OF CONSULTANT FOR 800 MHz
COMMUNICATIONS SYSTEM
The Board reviewed the following memo dated 9/27/95:
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County A`dmi'nistrator
FROM. Doug Wright, Directorl
Emergency Services
DATE: September 27, 1995
SUBJECT: Approval of Consultant for 800 MHz
Communications System
It is respectfully requested that the information contai.nea nerexn
be given formal consideration by the Board of County Commissioners
at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
Staff has reached the point in negotiations with Ericsson
representatives wherein an independent review of the pending
contract is appropriate to ensure an operationally sound and cost
efficient purchase of the planned 800 MHz Communications System.
14
OCTOBER 3. 1995
s
Purchasing Manager Fran Boynton -Powell has been instrumental in
securing the services of Richard Warden (Warden Associates) to
provide these' services. Mr. Warden's name and credentials were
obtained from the Senior Corps of Retired Executives (SCORE) in
this area, and documentation of his impressive background is
attached.
The Scope of Services, which will provide a comprehensive review of
the project, includes the following:
• Technical performance and specifications relative to
county requirements;
• Commercial terms and conditions; °,
• Operational soundness and ability to meet operational
needs;
• Vendor's program management commitments, tracking, and
customer reporting systems for county visibility of
project performance during implementation;
• Material delivery and acceptance, system implementation,
and proposed quality reliability factors;
• Ongoing system support, manuals, spares, maintenance,
etc., for reliability, user friendly documentation, and
expansion contingencies; and,
• Warranty coverage and vendor's practical commitments to
resolve failures or defects.
To provide these services and deliverables, Mr. Warden's fee is
$6,900 including $1,900 for his specialist associates. This fee
includes all report materials, supplies, and office support and is
quoted as a fixed cost. The fee also includes presentation of
reports and attendance at County meetings and meetings with staff
as requested. Travel and toll expenses will be charged extra at
cost and are estimated not to exceed 10% of the above fee. Total
estimated expenses for the project is $7,590.
A copy of Mr. Warden's background and proposed scope of services
are attached for review and consideration.
Staff recommends approval of funding in the amount of $7,590 from
the Optional One Cent Sales Tax revenue for Mr. Warden to provide
the scope of services identified in the attachment as relates to
the 800 MHz Communications System.
In response to Commissioner Adams' questions, Emergency
Services Director Doug Wright explained that Mr. Warden has
substantial background in control development and would perform an
independent review of the entire project and proposed contract.
Commissioner Adams assumed that the scope of work covers some
of the things that staff has done, such as visiting the two
existing MHz county DES systems in Florida. She asked if this
consultant will have some liability at the end if we have a
OCTOBER 3, 1995 15 BOOK 96 PAGE264
I
IF -
800X 96 PAGE 265
problem, but Director Wright didn't know if any liability attaches
out of the contract. Given his background and credentials, Mr.
Warden certainly should be able to point out to us any,errors or
omissions that he detects.
Administrator Chandler emphasized that the project is well in
excess of $3 -million and we are looking to having someone with more
technical expertise look at the system and the contract to be sure
we are on the right track.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Bird, to approve $7,590 from the
Optional One Cent Sales Tax revenue to retain the
services of Richard Warden as set out in the Scope
of Services submitted.
Under discussion, Chairman Macht wished to note that since the
original presentation was made on this, staff has done some pretty
innovative things. The location and establishment of towers for
antenna locations has saved a substantial amount of money, and they
are investigating moving to fiber optic cable rather than the
microwave system. The Council of Public Officials has developed a
cooperative effort between all the municipalities, and Vero Beach
has been forthcoming in making an existing system available for
multi -organizational use. It involves the Sheriff's Dept., the
judiciary, the Vero Beach power plant and the Indian River County
school system. We are going to wind up with a system that is
cheaper than the microwave system, more secure, and infinitely more
versatile at a considerably lower cost. We have seen the drawings
at the last couple of meetings, and he believed there will be some
interesting results that will reduce telecommunication costs in
other areas than the 800 MHz system. We hope to have a
presentation on that pretty soon.
Chairman Macht felt we need to commend staff because they have
given considerable thought to this whole project. They have
developed plans that will greatly facilitate communications to our
criminal justice system, our administrative and administrative
channels, as well as our information channels, namely the
transmission of video from county line to county line.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a vote of 4-0, Chairman Eggert being absent.
(Clerk's Note: actual contract was approved today, but
bid was awarded 9/5/95)
Io
OCTOBER 3, 1995
STATE MANDATES - ADMINISTRATIVE_ FEES
The Board reviewed the following memo dated 9/27/95:
TO: Members of the Board
of County Commissioners
SUBJECT: STATE MANDATES - ADMINISTRATIVE FEES
FROM: Joseph A Baird
OMB Director September 27, 1995
DESCRIPTION
On January 18, 1994, the Board of County Commissioners voted not to pay the $300.00 annual
administrative fee for existing leases, subleases and management agreements on State owned land.
The State is charging Indian River County a total of $900.00 in the 1995/96 fiscal year for the
Wabasso, Treasure Shores Park and No. 11 Corp. property south of Treasure Shores Park. The
County purchased these properties jointly with the State and contributed millions of dollars. Presently
the County maintains the properties, but -the State requires payment of an administrative fee.
The County has not paid the fee for 1993/94, 1994/95 and 1995/96 on .the three mentioned
properties; therefore, a total of $2,700.00 is owed. Before staff writes the State another letter
refusing to pay, we wanted to make sure we are in accord with the Board of County Commissioners'
wishes.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Tippin, not to pay the administrative
fees on the three properties as set out in staff's
memorandum.
Commissioner Bird asked if there are any provisions in the
leases with the State for any type of administrative fee to be
charged.
Attorney Vitunac believed that the older leases we have with
the State predate this policy of the State to collect money. He
thought that the Board's decision not to pay has a good legal
basis. With respect to the leases entered into after the State
adopted the policy to charge an administrative fee, we have no
legal basis whatsoever not to pay. It would be more of a political
issue.
Commissioner Bird understood then that the three leases in
question here are under the old wording which Attorney Vitunac
feels does not give them the right to charge an administrative fee.
Attorney Vitunac answered affirmatively, that there is better
legal basis to challenge the payment.
Commissioner Tippin suggested sending them a similar bill
since the County has put up more money in the long run.
Commissioner Adams recalled that we sent them a bill and they
said it wasn't their policy to pay.
17 BOOK 96 PAGE 266
OCTOBER 3, 1995
800K 96 F-acF 206
Attorney Vitunac explained that they are employees of the
public who are just following the rule passed by their department.
The rule says that we are to pay it; it doesn't differentiate
between contracts.
Chairman Macht believed we are correct in saying that we just
refuse to pay because that puts the burden of search and discovery
on them. Unless they just throw away the letter, they are going to
have to do something that will be step number two that we can react
to and maybe embarrass them to a point where they will do something
legislatively.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a 4-0 vote, Commissioner Eggert being absent.
PETITION PAVING — IST ST. SW (R.D. CARTER RD.) BETWEEN
66TH AVENUE AND 58TH AVE.
The Board reviewed the following memo dated 9/26/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo e/
and
Roger D. Cain, P.E
County Engineer -AJ „ "'. V
FROM: Michelle A. Gentile,
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage
Improvements to and set Public Hearing date for:
1st Street SW (R.D. Carter Road) between 66th Avenue and
58th Avenue
DATE: September 26, 1995
DESCRIPTION AND CONDITIONS
Back in 1988 the Public Works Department received a petition from
some of the property owners on 1st Street SW (R.D. Carter Road).
The petition was originally signed by 69% of the property owners.
On May 11, 1988, the Board of County Commissioners approved a
recommendation from the engineering staff to have 1st Street SW
designed by a consultant engineering firm.
Prior to any construction a minimum of 30 additional feet of right-
of-way had to be obtained from property owners along the north side
of this roast. -On-June 21, 1992, the Board of County Commissioners
18
OCTOBER 3, 1995
directed staff to obtain all the right-of-way necessary to pave
this project. Recently, the necessary right-of-way has been
obtained. 500 of all right-of-way acquisition costs have been
included in the assessment costs. The Public Works Department
staff will meet with the homeowners at an informal meeting to be
held on October 10, 1995 in these chambers. All property owners in
the benefited area were sent notice for this informal meeting.
A separate resolution will need to be adopted to hold a Public
Hearing to discuss the advisability, cost and amount of the
assessment against each property owner.
This Public Hearing has been scheduled for Tuesday, October 24,
1995 at 9:05 A.M. in the County Commission Chambers.
An assessment roll and plat has been prepared and filed with the
Clerk to the Board of County Commissioners.
RECOMMENDATION AND FUNDING
It is recommended that the Board:
1) Adopt the resolution providing for the paving and drainage
improvements for the project subject to the terms outlined in
the resolution. The applicable interest rate shall be
determined at the time the final assessment roll is approved.
2) Allocate $447,023.62 from the Transportation Fund.
3) Adopt a resolution setting the time and place of the Public
Hearing.
Public Works Director Jim Davis advised that staff prepared
the tentative assessment roll based on approximately $22 a front
foot, but since that time some properties have been sold and some
properties have been fragmented such that they do not have frontage
on 1st Street SW. These properties will benefit from the paving of
the road because they must use the road to access the property. In
looking at it further, staff feels a per acre assessment would be
more equitable and attribute a portion of the cost to that one
parcel that has no frontage. Staff is recommending that the
proposed resolution be changed to reflect a front footage
assessment to an acreage assessment. It will only take a few minor
changes in wording to accomplish that.
Director Davis advised when the petition was submitted by
residents in the area back in the late 1980s, it was recognized
that we had a 30 -ft. road right-of-way for 1st Street SW and to
accomplish the project we would need to acquire one mile of right-
of-way along the section between 58th Avenue and 66th Avenue.
We acquired 17 parcels from different owners and we were successful
in completing all the right-of-way acquisition without going to
eminent domain. Since that time, however, some of the original
19 BOOK 96 PhGE 268OCTOBER 3, 1995
BOOK 96 PAF
petitioners have moved and we are finding that there will be some
property owners who are not in support of paving the road. He just
wanted the Commissioners to be aware that staff feels an acreage
assessment is most appropriate for this project. Some of the
property owners feel that $780 an acre is too expensive and part of
that is due to the right-of-way acquisition.
Director Davis anticipated that the project can be completed
at a lower cost. Staff is recommending that the Board go forward
with an acreage assessment and schedule a public hearing on October
24, 1995.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved staff's
recommendations for assessment by acreage rather
than front footage, and adopted Resolution 95-128,
providing for certain paving and drainage
improvements to 1st Street SW (R.D. Carter Road)
between 66th Ave. and 58th Ave.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) adopted
Resolution 95-129, setting a public hearing for 9:05
A.M. on Tuesday, October 24, 1995.
^ Providing (First Reso.) 2/7/95(ENG)RESI.MAG\gfk
RESoLuTION No. 95-128
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 1ST
STREET SW (R.D. CARTER ROAD) BETWEEN 66TH AVENUE
AND 58TH AVENUE, PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF
ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 1st Street
SW (R.D. Carter Road) between 66th Avenue and 58th Avenue.
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is FOUR HUNDRED FORTY -
20
OCTOBER 3, 1995
® M M
No. 95- T28
SEVEN THOUSAND, TWENTY-THREE DOLLARS and SIXTY-TWO CENTS
($447,023.62); and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of fifty
percent (50%) of the total cost of the project, plus Tax
Collector's Fees ($227,982.05) which the number of acres owned by
the given owner bears to the total number of acres within the areas
specially benefited and fifty percent (50%) of the total cost of
the project, less credits for right-of-way ($221,197.55) will come
from the Transportation Fund; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
Ind. Riv. Farms Co. Sub. PBS 2-25 E 207.37 Ft. of W
232.37 Ft. of S 30 A of TR 13, EXC N 25 Ft.
Ind. Riv. Farms Co. Sub. PBS 2-25 The E 398.86 Ft. of the
W 631.23 Ft. Less S 30 Ft. R/W & the N 25 Ft. of the E
207.37 Ft. of the W 232.37 FT of the S 30 A of TR 13
Ind. Riv. Farms Co. Sub. PBS 2-25 W 347.54 Ft. of the E
695.08 Ft. of the S 30 A of TR 13 LESS S 30 Ft. R/W
Ind. Riv. Farms Co. Sub. PBS 2)25 S 30 A of TR 13, LESS
E 207.37 Ft. of W 232.37 Ft. EXC N 25 Ft. THEREOF
Ind. Riv. Farms Co. Sub. PBS 2-25 W 5 A of TR 14 LESS
CANAL
21 BOOK 96 PAGE ��O
OCTOBER 3, 1995
BOOM 96 PAGE "','71
1
No. 95-128
Ind.
Riv.
Farms
Co.
Sub.
PBS
2-25 E
5 A of W 10 A of TR
14 LESS CANAL
Ind.
Riv.
Farms
Co.
Sub.
PBS
2)25 W
20.29 A of E 30.29 A
of TR 14
(OR BK
437
PP 441)
Ind.
Riv.
Farms
Co.
Sub.
PBS
2)25 E
10 A of Tract 14
Ind.
Riv.
Farms
Co.
Sub.
PBS
2)25 W
10 A of TR 15
Ind. Riv. Farms Co. Sub. PBS 2-25 W 1/2 of W 10.11 A of
E 30.34 A of TR 15 LESS CANAL & RD R/W, & LESS ADDITIONAL
50 Ft. for R.D. Carter RD R/W AS PER OR BK 722 PP 1006
Ind. Riv. Farms Co. Sub. PBS 2-25 E 1/2 of W 10.11 A of
E 30.34 A of TR 15 LESS CANAL & RD R/W (or BK 734 PP
2821)
Ind. Riv. Farms Co. Sub. PBS 2-25 W 165 Ft. of W 10.11 A
of E 20.23 A of TR 15 LESS CANAL & RD R/W (or BK 737 PP
1298)
Ind. Riv. Farms Co. Sub. PBS 2-25 W 5 A of E 15 A of TR
15 LESS CANAL & RD R/W ALSO LESS ADD R/W AS RECORDED IN
OR BK 845 PP 2451
Ind. Riv. Farms Co. Sub. PBS 2-25 E 15 A of TR 15, LESS
W 5 A & ALSO LESS CANAL & RD R/W
Ind. Riv. Farms Co. Sub. PBS 2-25 W 225 Ft. of S 622.66
Ft. LESS R/W
Ind. Riv. Farms Co. Sub. PBS 2-25 E 169.20 Ft. of W
394.20 Ft. of S 622.66 Ft. of TR 16 LESS R/W (OR BK 644
PP 1647)
Ind. Riv. Farms Co. Sub. PBS 2-25 E 160 Ft. of W 554.20
Ft. of S 622.66 Ft. of TR 16 LESS RD R/W (OR BK 674 PP
1699)
Ind. Riv. Farms Co. Sub. PBS 2-25 E 160 Ft. of W 714.20
Ft. of S 622.66 Ft. of TR 16 LESS RD R/W (OR BK 670 PP
1553)
Ind. Riv. Farms Co. Sub. PBS 2-25 E 160 Ft. of W 874.20
Ft. of S 633.66 Ft. of TR 16 LESS R/W (OR BK 644 PP 1643)
Ind. Riv. Farms Co. Sub. PBS 2-25 S 622.66 Ft of TR 16
LESS W 874.20 Ft. THEREOF LESS R/W (OR BK 617 PP 2911)
Ind Riv Farms Co Sub PBS 2 25 BEG AT NW COR OF TR 4, TH
RUN E ON N LINE OF TR 4, 676.66 FT TH RUN S 13 DEG 18 MIN
49 SEC W 418.88 FT TO N EDGE OF EXISTING LAKE, TH RUN S
14 DEG 37 MIN 00 SEC E THROUGH LAKE 594.99 FT TO S EDGE
OF LAKE, TH RUN N 71 DEG 16 MIN 26 SEC E ALONG SLY EDGE
OF LAKE 119.61 FT, TH RUN S 19 DEG 03 MIN 54 SEC E 409.78
FT TO S LINE OF TR 4, TH RUN S 89 DEG 56 MIN 10 SEC W
ALONG S LINE 978.28 FT,.TH RUN N 00 DEG 16 MIN 05 SEC W
1334.15 FT TO POB LESS DITCH & RD R/W'S
Ind Riv Farms Co Sub PBS 2-25 BEG AT A PT 676.66 FT E OF
NW COR OF TR 4, TH RUN S 13 DEG 18 MIN 49 SEC W 418.88 FT
TO N EDGE OF EXISTING LAKE, TH RUN S 14 DEG 37 MIN 00 SEC
_ E THROUGH LAKE 594.99 FT TO SLY EDGE OF LAKE, TH RUN N 71
DEG 16 MIN 26 SEC E ALONG SLY EDGE OF LAKE 119.61 FT, TH
FUN S 19 DEG 03 MIN 54 SEC E 409.78 FT TO S LINE OF TR 4,
TH RUN N 89 DEG 56 MIN 10 SEC E 350 FT TO SE COR OF TR 4,
TH RUN N 00 DEG 16 MIN 00 SEC W ALONG E LINE OF TR 4,
1332.70 FT, TH RUN W 651.66 FT TO POB, LESS DITCH & RD
R/W'S
22
OCTOBER 3, 1995
No. 95- 128
Ind. Riv. Farms Co. Sub. PBS 2-25 W 10 A of TR 3 (OR BK
630 PP 1957)
Ind. Riv. Farms Co. Sub. PBS 2-25 W 10 A of E 30 A of TR
3 LESS CANAL
Ind. Riv. Farms Co. Sub. PBS 2-25 E 5 A of W 10 A of the
E 20 A of TR 3, LESS CANAL
Ind. Riv. Farms Co. Sub. PBS 2-25 the E 10 A of E-20 A of
TR3 &ALSOW5AofW10AofE20AofTR3, LESS CANAL
Ind. Riv. Farms Co. Sub. PBS 2)25 W 1/2 of TR 2, LESS
CANAL
Ind. Riv. Farms Co. Sub. PBS 2-25 W 1/2 of E 1/2 of TR 2
(OR BK 616 PP 1937)
Ind. Riv. Farms Co. Sub. PBS 2)25 E 1/2 of E 1/2 of TR 2
(OR BK 492 PP 829)
Ind. Riv. Farms Co. Sub. PBS 2)25 TR 1 LESS R/WS (OR BK
655 PP 1170 & OR BK 654 PP 1096)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
improvements to 1st Street SW (R.D. Carter Road) between 66th
Avenue and 58th Avenue; heretofore designated as Public Works
Project No. 8836 is hereby approved subject to the terms outlined
above and all applicable requirements of Chapter 206, et seq.
Indian River County Code.
The foregoing resolution was offered by Commissioner
Adams 410 mored its adTdm mm motim was aded
by Commissioner Bird and, upon being put to a vote, the
vote was as follows:
Chairman Kenneth R. Macht
Aye
vice -Chairman Fran B.
Adams
Aye
Commissioner John W.
Tippin
Aye
Commissioner Richard
N. Bird
'Aye
Commissioner Carolyn
K. Eggert
Absent
The Chairman thereupon declared the resolution passed and
adopted this 3 day of October , 1995.
BOARD OF COUNTY COMMISSIONERS
OF IND,AN RIVER O , FLORIDA
By
NNETH R. CHT, Chairma
Attest:
JEFFREY K. BARTON, Clerk
� .y .
OCTOBER 3, 1995 23 600K 96 PAGE 272
moK ; 96 uu 273
Time and Place (Second Reso.) 2/7/95(ENG)RFS2.MAG\gfk
RESOLUTION NO. 95- 12 9
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTY ON 1ST STREET SW (R.D.
CARTER ROAD) BETWEEN 66TH AVENUE AND 58TH
AVENUE, AND OTHER INTERESTED PERSONS MAY
APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY
AS TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT
THEREOF TO BE SPECIALLY ASSESSED AGAINST
EACH PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River County has,
by Resolution No. 9 5 -12 8 , determined that it is necessary for the public welfare
of the citizens of the county, and particularly as to those living, working, and owning
property within the area described herein, that paving and drainage improvements
be made to said property; and
WHEREAS, the Board of County Commissioners has caused an assessment roll
to be completed and filed with the Clerk to the Board; and
WHEREAS, Section 206.06, Indian River County Code, requires that the Board
of County Commissioners shall fix a time and place at which the owners of the
properties to be assessed or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the propriety and advisability
of making paving and drainage improvements to said property, as to the cost thereof,
as to the manner of payment therefor, and as to the amount thereof to be assessed
against each property benefited thereby,
NOW, THEREFORE, BE IT' RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission chambers in the
County Administration Building at the hour of 9.05 A.M. on Tuesday. October
24. 1995, at which time the owners of the properties to be assessed and any
other interested persons may appear before said Commission and be heard in
regard to said property. The area to be improved and
24
OCTOBER 3, 3-995
� � r
r � �
RESOLUTION NO. 95-129
the properties to be specially benefited are more particularly described upon
the assessment plat and the assessment roll with regard to the special
assessments.
2. All persons interested in the construction of said improvements and the special
assessments against the properties to be specially benefited may review the
assessment plat showing the area to be assessed, the assessment roll, the plans
and specifications for said improvements, and an estimate of the cost thereof
at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00
P.M.
3. Notice of the time and place of this public hearing shall be given by the
Department of Public Works by two publications in the Vero Beach Press
Journal Newspaper a week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River County Department
of Public Works shall give the owner of each property to be specially assessed
at least ten days notice in writing of such time and place, which shall be served
by mailing a copy of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner A d a m s , and the
motion was seconded by Commissioner B i r d , and, upon being put to a vote,
the vote was as follows:
Chairman Kenneth R. Macht
Aye
Vice Chairman Fran B. Adams
Aye
Commissioner John W. Tippin
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K Eggert
Absent
25 BOOK 96 PAu ��4
OCTOBER 3, 1995
r
PORK 96
RESOLUTION NO. 95129
. The Chairman thereupon declared the resolution duly passed and adopted this
3 day of October , 1995.
BOARD OF COUNTY COMMISSIONERS
IND R C ORIDA
By
KENNETH R. MACHT,
Chairman
st:
Jeffrey K. Barton, Clerk
U
Attachment: ASSESSMENT ROLL
WATER LINE REPLACEMENT PROTECT - IDLEWILD SID - CHANGE
ORDER #1 - DRIVEWAYS, INC.
The Board reviewed the following memo dated 9/22/95:
DATE: SEPTEMBER 22, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
�D
DIRECTOR OF UTIL SERVICES
PREPARED TERRY H. DRUM 1W
AND STAFFED G.I.S. COORDINATOR
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: IDLEWILD SUBDIVISION
WATER LINE REPLACEMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. VW-95-17—DS
WORK AUTHORIZATION NO. 32
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
On September 21, 1993, the Board of County Commissioners approved
the award of the Labor Contract, Bid No. 4007, to Driveways, Inc.
26
OCTOBER 3, 1995
(See attached minutes.) On June 27, 1995, the Board of County
Commissioners approved Work Authorization No. 32, Project No. UW -
95 -17 -DS, to construct the water line replacement project with
Driveways, Inc., in the amount of $65,422.06. The contractor has
completed the project and has submitted his request for final
payment, which includes an increase of $1,023-40 as reflected on
Change Order No. 1 (See attached.)
The labor cost increase is due to the field location of an
additional 162 LF of 2 -inch galvanized water line replacement. The
following are the items that were added to accommodate the services
on this additional line:
1. 162 LF of additional 2 -inch PVC water line
2 • 226 LF of 1 -inch long services
3. 27 fittings
4. 7 tapping sleeves and valves
5.. replace 2 meter boxes and tie-in
6. replace all 75 old meters within the subdivision with new
meters
7. 1 blowoff
8. 56 LF of gravel drives
AAALYSIS
All Indian River County requirements have been met, and our testing
has been satisfactorily completed. The original labor contract
Price was $65,422.06, and the final labor contract price is
$66,445.46, which includes Change Order No. 1. The contractor has
previously been paid $50,948.61. This leaves a balance of
$15,496.85.
RECOMMEADATIOA
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 $15,496.85 to Driveways, Inc., as
payment in full for services rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved Change
Order #1 and final pay request of Driveways, Inc. in
the amount of $15,496.85.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
CITY OF SEBASTIAN WASTEWATER TREATMENT PLANT
CONNECTION TO COUNTY UTILITIES
The Board reviewed the following memo dated 9/21/95:
r
27 g00K 96 F'A f 276
OCTOBER 3, 1995
BOOK 96
DATE: SEPTEMBER 21, 1995
TO: JAMES E. CHANDLER
COONTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UT SERVICES
PREPARED WILLIAM MCCAIN
AND STAFFED CAPIT ROJECTS ENGINEER
BY: DE OF UTILITY SERVICES
SUBJECT: CITY OF SEBASTIAN WAST]MATER TREATMENT PLANT
CORNECTION TO COUNTY UTILITIES
INDIAN RIVER COUNTY PROJECT NO. US -95 -14 -CS
On September 29, 1995, Indian River County will be closing on the
purchase of Sebastian Utilities;- and the County will take over
operations of their utility systems. On August 8, 1995, the Board
of County Commissioners approved contracts via change orders for
the construction of water lines to connect the Sebastian water
system to the County's. The Utilities Department has designed and
is permitting (with in-house staff) the connection of Sebastian's
wastewater treatment plant flows to our North County Wastewater
Collection/Treatment System. The Utilities Department has
negotiated a change order with Treasure Coast Contracting, Inc.,
for this work to expedite the construction of the project. (See
attached proposal.)
ANALYSIS
The Utilities Department's original cost estimate for the project
construction was $187,000.00. The proposed actual construction
costs are as follows:
1. Pump station and associated force main
Lump sum $154,738.00
2. Complete generator package
3. Contingency (if required)
$ 29,069.00
$ 5,000.00
Total $188,807.00
The change order with Treasure Coast Contracting is attached for
the Board's review and is an extremely attractive price for this
work. Other comparative quotes for this work were acquired, the
highest being $245,000.00 from Speegle, Inc. The generator
purchase is with a supplier which earlier this year supplied the
County with three similar generators through a sealed bid
acquisition process. (See attached quote.) The proposed cost for
the generator is in line with his previous bid.
The staff of the Department of Utility Services recommends approval
of Change Order No. 1 with Treasure Coast Contracting in the amount
of $154,,738.00,, the issuance of a purchase order to Florida Detroit
Dissel-Allison North in the amount of $29,069.00, and authorization
of'the contingency funds of $5,000.00 through the use of purchase
orders, if required.
28
OCTOBER 3, 1995
Chairman Macht noted that as of last Friday, September 29, the
County owns the Sebastian utility.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved Change
Order No. 1 with Treasure Coast Contracting in the
amount of $154,738, as set out in staff's
recommendation.
CHANGE ORDER 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ENGINEERING FIRM SELECTION — EXPANSION OF CENTRAL
REGIONAL WASTEWATER TREATMENT PLANT
The Board reviewed the following memo dated 9/26/95:
DATE:
TO:
I�**)s F
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
SEPTEMBER 26, 1995
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G.
DIRECTOR OF
WILLIAM F.
CES
TS ENGINEER
UTILITY SERVICES
ENGINEERING FIRM SELECTION
RFP FOR THE EXPANSION OF THE CENTRAL REGIONAL WASTEWATER
TREATMENT PLANT TO 2 MGD - US -95 -23 -DC
On November 9, 1994, the Department of Utility Services received responses to
the Request for Proposal to provide professional engineering services
relative to the above -referenced project. The selection committee reviewed
the responses and selected 3 firms to be interviewed.
ANALYSIS
The selection committee interviewed the 3 firms. As a result of the
interviews, the firms were ranked as follows:
1. Camp Dresser and McKee, Inc.
2. Malcolm Pirnie/ H.F. Lenz
3. Hartman and Associates
RECOMMENDATION
The Department of Utility Services recommends that the Board of County
Commissioners authorize the Department of Utility Services to conduct
negotiations and proceed with an agreement with the first -choice firm of Camp
Dresser and McKee, Inc., based upon the outcome of the negotiations. The
Department further requests approval to proceed with negotiations with the
subsequently -ranked firms if negotiations with the first firm fail.
OCTOBER 3 1995 29 eooK. 96 FacF 9 i
8009 96 4GF 79
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) authorized
negotiations with the first ranked firm, Camp
Dresser and McKee, Inc., as set out in staff's
recommendation.
DEVELOPER'S AGREEMENT FOR WATER MAIN EXTENSIONS FOR
STERLING HOUSE ASSISTED LIVING FACILITY
The Board reviewed the following memo dated 9/26/95:
DATE: SEPTEMBER 26, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL SERVICES
PREPARED WILLIAM F. N
AND STAFFED CAPITAL P CTS ENGINEER
BY: DEPAR UTILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT WITH EDGAR L. SCHLITT FOR
MASTER PLANNED AND NON MASTER PLANNED WATER MAIN EXTENSIONS
FOR STERLING HOUSE ASSISTED LIVING FACILITY
The proposed agreement is for the construction of 500 linear feet ±
of 16" master .planned water main on' Indian River Drive and an 8" looping
transmission main into Vista Gardens (See Exhibit A of the attached
Developer's Agreement). In conjunction with this Agreement and as a result
of an ongoing D.O.T. project at 4th Street and U.S. 1 our Department of
Transportation (D.O.T.) permit requires the immediate construction of 265
linear feet of 16" water main on Indian River Drive. (See letter dated
August 24, 1995). To accomplish this, we have utilized plans generated by
Schlitt's engineer, Carter Associates, Inc., to negotiate a price with the
D.O.T.'s utility contractor Derrico Construction for this part of the water
main construction. (See attached proposal from Derrico). This work will be
removed from the Schlitt Agreement.
ANALYSIS I
The total project construction cost is estimated at $170,619 with the
developers portion at $7,956.68. (See exhibits B and C of the Agreement).
The immediate 16" water main construction cost from Derrico is in line with
other current project costs and is master planned. The 8" water main will
provide a much needed second water connection to Vista Gardens. The
Utilities Department is therefore seeking approval of not only the
Developer's Agreement, but also the contract with Derrico for the required
immediate construction. Funding for this project will be from the Utilities
Impact Fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval of the
proposed Developer's Agreement and authorization for staff to issue a
purchase order for the Derrico proposal as presented.
30
OCTOBER 3, 1995
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved the
Developer's Agreement for Sterling House and
authorized staff to issue a purchase order for the
Derrico proposal as presented.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PROHIBITION OF REASONS SANITATION DISPOSING OF WASTE AT
COUNTY LANDFILL
The Board reviewed the following memo dated 9/25/95:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: September 25, 1995
RE: Reasons Sanitation
Requested Action:
Authorization from Board to prohibit Reasons Sanitation from using the SWDD
facilities and for Utilities Department and County Attorney to take any
further action necessary to cause Reasons Sanitation to cease operation as an
unlicensed waste hauler in violation of the County's exclusive franchise with
Harris Sanitation Co.
Background:
The County has given exclusive franchises to two waste haulers for the
unincorporated areas, i.e., Harris Sanitation and Republic Waste. Sometime
ago Harris Sanitation came to the County with a complaint that Reasons
Sanitation was operating in violation of Harris' exclusive franchise. That
issue was resolved by Harris Sanitation's hiring Reasons Sanitation as a
subcontractor of Harris for a limited area. The County has recently been
informed by Harris Sanitation that, because of failure by Reasons Sanitation
to provide revenue reports and pay associated franchise fees, Reasons
Sanitation was terminated as a subcontractor. Harris Sanitation has now
requested that the County prohibit Reasons Sanitation from continuing to
dispose of waste at the County facilities since Reasons Sanitation has no
legal right to engage in the hauling business in this County.
Staff Recommendation:
Staff agrees with this recommendation and recommends that the Board authorize
staff to prohibit Reasons Sanitation from disposing of waste at the County
landfill o$ other facility. Staff further requests authority to take legal
action against Reasons if necessary to enjoin them from violating our
exclusive franchise with Harris Sanitation.
31
OCTOBER 3, 1995
BOOK 96 PArF ?8 0
it '
ROOK 9. 6 F -Au :.,'S I
Attorney Vitunac advised that Mr. Reasons is contesting this
entire termination issue and has said he will f ight to keep his
contract. The County is caught in the middle. If the contractor
indicates that he no longer has a subcontractor, it puts us in a
liable position where we are responsible for revenue and liability
and one where we would have to monitor his insurance, equipment,
hours of operation, etc.
Peter Jurgel, division president and general manager of
Harris Sanitation, handed Attorney Vitunac a package of information
he planned to go through in explaining the reasons why Harris is
requesting that Reasons Sanitation be prohibited from disposing of
waste 'at the County Landfill. He noted that when Harris took on
Reasons as a subcontractor, it was done with the stipulation that
Mr. Reasons would obtain insurance, report to them the number of
customers, and pay franchise fees. Mr. Reasons is in default and
the following letter was sent to him on July 25 notifying him of
his default:
Harris Sanitation, Inc. fULN
p.0. Box 460 (32902) A Waste Management Company
7382 Turne, lurid
Orive
Melbourne Florida 32904
407/7234455
July 25, 1995
Mr. Vernon Reasons
Reasons Sanitation, Inc.
P.O. Box 1137
Wabasso, Florida 32967
Subject: Default regarding subcontract
Section 1.6, Reports and
Section 3.1, Insurance
Dear Mr. Reasons:
The Indian River county franchise requires that revenue generated
under the contract be reported and franchise fees submitted. This
letter is to notify you that I have not received the required
revenue reports and franchise fees for Reasons Sanitation, Inc.'s
subcontract area.
You have been notified of defaults previously by letter from us on
November 25, 1994, April 26, 1995, and again with this letter dated
July 25th, 1995 I am required to notify you that if the default is
not corrected within fifteen days, your subcontract will be
terminated due to this default. Any future default. on Section 1.6,
Reports. of the subcontract will result in immediate termination of
the subcontract, due to the fact that you have been previously
notified.
32
OCTOBER 3, 1995
In addition to the default mentioned above, you were also notified
on June 20, 1995, that you had failed to= -supply us with a current
Insurance Certificate as required by Section 3.1 of our
subcontract. A current insurance certificate, with the required
coverages, naming Harris Sanitation, Inc. as an additional insured
and with a 90 day cancellation notification to the additional
insured, must be received by us within fifteen days or termination
of your subcontract will result, as provided by Section 2.2,
Termination of the subcontract.
Please contact me as soon as possible to arrange delivery of the
items required above. As in the past, let me know if I can be of
assistance to you in rectifying the default, but please note the
serious nature of this item. Based on the fact that you have been
previously notified, you must understand that the defaults must be
rectified within fifteen days. Please govern yourself accordingly.
Sinc re
Peter Jurg I
Division President & General Manager
Mr. Jurgel noted that the certificate of insurance states that
Mr. Reason's insurance was terminated on May 5, 1995. Mr. Reasons
was without insurance for 4 months before getting insurance on
September 5, 1995.
Mr. Jurgel advised that Harris sent Mr. Reasons certified
letters on several dates notifying him that he was in default.
Holding up green certified mail receipts, he noted that one letter
was returned unopened. Mr. Jurgel also advised that he had helped
Mr. Reasons by helping him locate a truck and advising him of the
things wrong with the truck. However, he emphasized that Mr.
Reasons just doesn't follow the rules and his going four months
without insurance is just too dangerous a liability for Harris.
Attorney Ron Casin, Ft. Pierce, speaking on behalf of Reasons
Sanitation, stated he was here in response to a letter sent by
Attorney Vitunac prohibiting Reasons from collecting waste within
Indian River County. Mr. Casin felt the problem is that the
parties are not communicating with each other. Mr. Jurgel has
indicated that several letters were sent but not received, but if
you don't receive a letter, you can't read it. Most people would
pick up a phone if they did not receive any response to a letter.
In this case, Mr. Reasons was not given the opportunity to fix the
problem. Mr. Reasons had a problem with his insurance, which was
cancelled, and rather than putting uninsured vehicles on the road,
Mr. Reasons parked his vehicles and leased vehicles from another
carrier that were insured. At no time was the County responsible
for uninsured vehicles picking up waste.
33 POOH 96 - PA F
OCTOBER 3, 1995
BOOK 96 PAF 993
Mr. Casin admitted that this is a civil matter; it is a
contract dispute between Harris and Reasons and he felt sure that
the County doesn't want to be in the middle of it. However, when
Harris gets the County to assist them in shutting down Reasons, it
is, in effect, putting Mr. Reasons out of business. Mr. Reasons is
a small business man who has a few trucks and a few drivers. When
he shuts down, his drivers have to get other jobs and he is without
income and cannot make the payments on his trucks.
Mr. Casin stated that they prefer settling this matter with
Harris Sanitation, but Harris is unwilling to talk to them.
Commissioner Bird agreed that communication seems to be the
problem, but the lack of communication seems to be from Reasons'
side. The burden was on Reasons to comply with his contract with
Harris.
Commissioner Adams agreed. She was one of those who supported
Mr. Reasons when this all came about, but the lapse of insurance is
a serious problem and she would be hard pressed to support it this
time around.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board by a 4-0 vote
(Commissioner Eggert being absent) approved staff's
recommendation that Reasons Sanitation be prohibited
from disposing of waste at the County Landfill or
other facility.
EMERGENCY SERVICES DISTRICT MEETING
Chairman Macht announced that immediately following
adjournment, the Board would convene as the Board of Commissioners
of the Emergency Services District. Those Minutes are being
prepared separately.
SOLID WASTE DISPOSAL DISTRICT
Chairman Macht announced that immediately following
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 9:50 a.m.
34
OCTOBER 3, 1995
ATTEST:
J. K. Barton, Clerk
Minutes approved 0 •o� -� S
Kenneth R. Macht, Chairman
35 BOOK AF'I�GF '�911
OCTOBER 3, 1995