HomeMy WebLinkAbout11/7/1995� MINUTERR1TTAC1-IE1)=
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, NOVEMBER 7,1995
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)
•�1. $] 9 13 01;
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION Rev. Joe Brooks
20th Ave. Church of God
3. PLEDGE OFA EGIANCE Comm. Kenneth R. Macht
4. ADDITIONS to the
1. Add Item 13-A-2, County Administrator pay raise
discussion.
2. Add Item 13-E, discussion regarding Windsor Golf
Tournament.
Presentation of Proclamation Designating November, 1995
as National Adoption Month in Indian River County
Regular Meeting of October 10, 1995
A. Received & Placed on File in Office of Clerk
to the Board:
I.R. Farms Water Control District - Minutes
of Bd. of Supv. Meetings 12/94 -19/95
I.R.C. Housing Authority Financial Statements
& Compliance Reports.
Orangewood Pk. Apts. (IRC Housing Authority)
Financial Statements & Supplementary Data
Seb. River Water Control Dist. - Bd. of Supvs.
Minutes of Special Meeting held 8/7/95
Minutes of Quarterly Meeting Held 9/6/95
with Attachments
\ ON WITM DICI1
A. (continued)
St. Johns River Water Management District
Adopted Budget - FY 1996
Vero Lakes Water Control District Budget
Year Ended Sept. 30, 1996
Victory Park Apts. (IRC Housing Authority)
Financial Statements & Supplementary Data
B. 1996 Holiday Schedule
(memorandum dated November 1, 1995)
C. Submission of the Constitutional Officers Financial
Report for FY Ending Sept.30, 1995
(letter dated October 19, 1995)
D... Florida Yards & Neighborhood Program - Budget
Amendment 003
(memorandum dated October 25, 1995)
E. Windsor Properties, Inc's Request for Preliminary
Planned Residential Development (PRD) Approval
Extension for Windsor Phase V
(memorandum dated. October 25, 1995)
F. Progress Report & Reimbursement Invoice
1995 Planning Grant Invoice #3
(memorandum dated October 24, 1995)
G. Award Bid #6010 -Utility Supplies
Dept. of Utility Services - Annual Contract
(memorandum dated October 19, 1995)
H. 'State of Florida Dept. of HRS Contract
(memorandum dated November 1, 1995)
(contract provided separately)
I. Professional Engineering Services Agreement -
Gifford Park Improvements - West Wabasso Park
Improvements, Fellsmere Lighted Basketball Crt.
and Hobart Ballfield Lighting
(memorandum dated October 25, 1995)
J. 4th St. R -O -W Acquisition; Parcel #102
(memorandum dated October 24, 1995)
K. Request for Floodplain Cut & Fill Balance Waiver
for Residence at 9210 44th Ave.
(memorandum dated October 19, 1995)
L. Cancellation of Outstanding Taxes
Property Purchased for County Use
(memorandum dated October 25, 1995)
M. Amendment & Transfer of Countryside Mobile
Home Park Utility Franchise
(memorandum dated October 30, 1995)
n
8. CONSTITUTIONAL. OFFICERS and
GOVERNMENTAL AG.N I .S
Douglas M_ Anderson, Ass'L County Administrator, St- Lurie
Co unty - Request to Make Presentation Regarding the Proposed
High Speed Rail System
(letter dated October 5, 1995)
(add'l. backup material provided separately)
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC ARINGS
1. Vero Tropical Gardens & a Portion of Paradise
Park Unit 3 Water Service and
Road & Drainage Improvements - Res. III
(memorandum dated October 20, 1995)
2. Bell South Mobility, Inc.'s Request for Special
Exception Use Approval to Construct a. 199'
Tall Communications Tower
(memorandum dated October 27, 1995)
B. PUBTIC DISCUSSION MMS
None
10. COUNTY A MI11TI T OR' MATTERS
None
11. DEPARTMF.NTA1, MATTERS
A. Community pmen
None
B. Emergency Sendm
None
C. General Services
Administration Building Renovations - Architectural/
Engineering Services
(memorandum dated October 31, 1995)
D. i_.eimw Services
Additional Golf Cart Paths, Change Order #1
(memorandum dated November 1, 1995)
E. Office of Management and Bud et
None
F. Personnel
None
WIN
G. Public Workc
1. Walgreens Site - Proposed R -O -W Acquisi-
tion at 17th St. and US 1
(memorandum dated October 10, 1995)
(postponed from meeting of 10/24/95)
2. Drainage Problem Along So. Old Dixie
Hwy. Near So. County Line - Surfside Glass
(memorandum dated October 30, 1995)
3. Proposed Boston Market Restaurant R -O -W
Dedication Along US 1 South of 18th St. in
the City of Vero Beach
(memorandum dated October 25, 1995)
4. Developer's Agreement to Construct Two
Westbound Right Turn Lanes and Related
Improvements Along SR60 West of 58th Ave.
and Installation of a Traffic Signal at the
Northern Entrance on 58th Ave.-I.R. Square
(memorandum dated October 25, 1995)
5. Environmental Services CR512 Scrub Jay
Mitigation - "
(memorandum dated October 24, 1995)
H. Ufluties
1. Fla. East Coast RR (F.E.C.) Lease Agreement,
Seb. Water Connections
(memorandum dated October 23, 1995)
2. Phase IV Contract I (Oslo Park) Water Main
Extension
(memorandum dated October 23, 1995)
3. Central Region Effluent Disposal Project
Design Fee Adjustment
(memorandum dated October 23, 1995)
4. Vendor Selection - RFP for Comprehensive
Contract Operations and Maintenance Services
for Wastewater Facilities - RFP No. 6017
(memorandum dated October 23, 1995)
5. Wetland Project at West Regional WW Treat-
ment Plant, Change Order No. 2
(memorandum dated November 1, 1995)
i 1►Y 11 : 11 i ; ►I 1
None
13. COMMISSIONERS ITEMS
A. Chairman Kenneth R. Macht
Annual Appointment of Council Members
(letter dated October 10, 1995)
B. Vice Chairman Fran B. Adams
C. Commissioner Richard N Bird
II 1 II II ( I 1 \ I ,
E. Commissioner ohn W Ti in
14. SPECIAi, DISTRICESIBOARDS
A. Fmer Services District
None
B. Solid Waste ianocal District
1. Approval of Minutes - Meeting of 09/19/95
2. Approval of Minutes - Meeting of 09/26/95
3. Approval of Minutes - Meeting of 10/03/95
4. Wetlands Mitigation
(memorandum dated October 18, 1995)
5. I.R. Correctional Center Solid Waste Assessment
(memorandum dated October 11, 1995)
1
i . I Ij kt o
6. Award Bid #6008 / Common Fill Dirt
& Top Soil - Annual Contract
(memorandum dated October 20, 1995)
7. Land Purchase North of IRC Landfill
(memorandum dated November 1, 1995)
C. Environmental Control Board
1. Approval of Minutes - Meeting of March 22, 1994
2. Request to be Placed on Agenda on Regular
Basis
(memorandum dated October 19, 1995)
and
Report of Activities During Quarter July
through September 1995
(memorandum dated October 9, 1995)
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.
r � �
November 7, 1995
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, November 7,
1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and
John W. Tippin. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and P. J.
Jones, Deputy Clerk.
Chairman Macht called the meeting to order and led the Pledge
of Allegiance to the Flag.
Reverend Foxworth of 20th Avenue Church of God gave the
invocation.
ADDITIONS TO THE AGENDA
Commissioner Macht requested the addition of Item 13-A-2,
County Administrator's remuneration discussion.
Commissioner Tippin requested the addition of Item 13-E,
discussion regarding Windsor Golf Tournament request.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above items to the Agenda.
PROCLAMATIONS - NATIONAL ADOPTION MONTH
Chairman Macht presented the following Proclamation to Betsy
Barbatelli, HRS Adoptions and Home Finders: _ _.--
I'M %-,P VXUVA"FAt /� 17i7 1 DUUN ou i AuC j-Lq
PROC AMATION
WHEREAS, all children need the love, support and stability of a
family; and
WHEREAS, in the State of Florida, over 9,000 children are living
in substitute care away from their families of birth;
and
WHEREAS, 1,449 of these children will not return to their birth
families and are in need of a loving, caring adoptive
family; and
WHEREAS, nearly all of these children have special needs;
emotional, physical or mental disabilities, must be
placed as a sibling group, are of a minority race or
are older; and
/� t • /R
17lA7
� T1 .r - tl E P- ,A A
I'M %-,P VXUVA"FAt /� 17i7 1 DUUN ou i AuC j-Lq
BOOK 96 FACE 515
WHEREAS, in 1993, over 1,000 Florida children with special needs
were placed into adoptive families; and
WHEREAS, it has been proven that there are indeed families able
and willing to adopt children with special needs; and
WHEREAS, children waiting for adoptive parents and families who
have adopted these children require and deserve com-
munity and public agency support to sustain their
adoptions:
NOW, THEREFORE, BE IT PROCLADm BY THE BOARD OF COUNTY CONWS-
SIONERS OF INDIAN RIVER COUNTY, FLORIDA that November,
1995 be designated as
NATIONAL ADOPTION NINTH
in Indian River County, Florida, and the Board
encourages celebrations of families built through
adoption and increased awareness of the needs of
children still waiting for permanent homes.
Adopted this 7 day of November, 1995.
BOARD�F COUNTY COM4ISSIONERS
IND RIVER ,COUNTY, FLORIDA
• i'iiVi�V,
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of October 10, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Regular Meeting of October 10,
1995, as written.
CONSENT AGENDA
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. I.R. Farms Water Control District - Minutes of
Board of Supervisors Meetings 12/94 - 9/95.
NOVEMBER 7, 1995 2
L:7]
a � �
2. I.R.C. Housing Authority Financial Statements &
Compliance Reports.
3. Orangewood Park Apartments (IRC Housing Authority)
Financial Statements & Supplementary Data.
4. Sebastian River Water Control District Board of
Supervisors: Minutes of Special Meeting of 8/7/95 and
Minutes of Quarterly Meeting of 9/6/95 with Attachments.
5. St. Johns River Water Management District Adopted Budget
- FY 1996.
6. Vero Lakes Water Control District Budget - Year Ended
9/30/96.
7. Victory Park Apartments (IRC Housing Authority) Financial
Statements & Supplementary Data.
B. 1996 Holiday Schedule
The Board reviewed a Memorandum of November 1, 1995:
To: James Chandler,
County Administrator
From: Jack Price;
�
Director -Pe sonnei
Date: November 1, 1995
Sub: 1996 Holiday Schedule
For consideration by the Board of County Commissioners: Proposed
schedule of holidays for Indian River County employees for 1996.
Holiday
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
County Observance
Monday., January 1, 1996
Friday, April 5, 1996
Monday, May 27, 1996
Thursday, July 4, 1996
Monday, September 2, 1996
Monday, November 11, 1996
Thursday, November 28, 1996
Friday, November 29, 1996
Tuesday,'•December 24, 1996
Wednesday, December 25, 1996
Note: The Property Appraiser and Supervisor of Elections will
observe the schedule above. The Clerk of the Court will also,
except they will work on December 24. The Sheriff's office will
observe December 26 instead of December 24. In addition to the
schedule above, the Tax Collector will observe Martin Luther King -
Day on Monday, January 15, 1996.
NOVEMBER 7, 1995 3
Boa 96 F, to 516
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the 1996 Holiday Schedule for Indian River County
employees for 1996, with the exceptions noted.
C. Constitutional Officers Financial Report for FY
Ending 9/30/95 - Clerk of the Circuit Court
The Board reviewed a Memorandum of October 19, 1995:
JEFFREY K. BARTON.�2NW
Clerk of Circuit Court ocr � 5
R O. Box 1028 0
Vero Beach, Florida 32961-1028 • A
GO
O �U
October 19, 1995
The Honorable Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Commissioners:
96 m,�E17
Telephone: (407) 770-5185
Pursuant to Section 218.36, Florida Statutes, the Clerk of the
Circuit Court, Indian River County, Florida, respectfully submits
the Constitutional Officers Financial Report for the fiscal year
ending September 30, 1995.
My check for $276,746.63 was hand delivered on October 19, 199s. -
This check represents unexpended budgetary funds -and excess fees.
Sincerely,
�� Q>,�
Jeffrey K. Barton
Clerk of Circuit Court
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Constitutional Officers Financial Report for
Fiscal Year Ending 9/30/95 as submitted.
COPY OF FINANCIAL REPORT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
NOVEMBER 7, 1995 4
1
D. STRWMD Agreement for Florida Yards & Neighborhood Program -
Budget Amendment 003
The Board reviewed a Memorandum of October 25, 1995:
TO: Members of the Board
of County Commissioners
DATE: October 25, 1995
i
SUBJECT: - FLORIDA YARDS AND NEIGHBORHOOD` PROGRAM
BUDGET AMENDMENT 003 - CONSENT AGENDA
FROM: Joseph A Bair
OMB Director
DESCRIPTION AND CONDITIONS
On June 27, 1995 the Board approved an agreement with St. John's River Water Management
District (SJRWMD) for the Florida Yards and Neighborhood Program. The agreement has been
signed and approved by all parties. The attached budget amendment establishes the budget for this
grant (includes the addition of one full-time and one part-time position).
RECOMMENDATION
Staff recommends that the Board ofCounty Commissioners approve the attached budget amendment
003.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Budget Amendment 003, as recommended by staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
BUDGET AMENDMENT: 003
DATE: October 24, 1995
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/SJRWMD Yards and Neighbor
0014000-337-031.00
$51,309
$0
EXPENSE
GENERAL FUND/SJRWMD Yards and Neighbor
Regular Salaries
001-256-537-011.12
$24,500
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Salaries and Wages
001-256-537-011.13
$3,217
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Social Security Matching
001-256-537-012.11
$1,718
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Retirement
001-256-537-012.12
$4,895
$0
NOVEMBER 7, 1995 5
FF-- 7
wx 96 FA,�E 519
E. Windsor Properties, Inc. - Preliminary Planned Residential
Development WRD) Extension for Windsor Phase V
The Board reviewed a Memorandum of October 25, 1995:
TO: James E. Chandler DATE: October 25, 1995
County Administrator
DI ION HEAD CONCURRENCE:
Pdbert M. Reatin AICP
Community Developftient #rector
Z. b.
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad,V
Staff Planner, Current Development
SUBJECT: Windsor Properties, Inc.'s Request for Preliminary
Planned Residential Development (PRD) Approval Extension
for Windsor Phase V
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 7, 1995.
DESCRIPTION AND CONDITIONS:
On May 12, 1994, the Planning and Zoning Commission granted
preliminary planned residential development (PRD) approval
replat block 15 of Windsor Phase 1 in conjunction with ayet to be
NOVEMBER 7, 1995 6
GENERAL FUND/SJRWMD Yards and Neighbor
hisurance-Life and Health
001-256-537-012.13
$4,206
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Worker's Compensation
001-256-537-012.14
$86
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Medicare Matching
001-256-537-012.17
$403
$0
GENERAL FUND/SJRWMD Yards and Neighbor
All Travel
001-256-537-034.02
$4,520
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Outside Printing
001-256-537-034.72
$2,000
$0
GENERAL FUND/SJRWMD Yards and Neighbor
All Office Supplies
001-256-537-035.11
$450
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Software
001-256-537-035.12
$500
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Telephone
001-256-537-034.11
$1,200
$0
GENERAL FUND/SJRWMD Yards and Neighbor
Other Operating Supplies
001-256-537-035.29
$1,114
$0
GENERAL FUND/SJRWMD Yards and Neighbor
E D P Equipment
001-256-537=066.47
$2,500
$0
E. Windsor Properties, Inc. - Preliminary Planned Residential
Development WRD) Extension for Windsor Phase V
The Board reviewed a Memorandum of October 25, 1995:
TO: James E. Chandler DATE: October 25, 1995
County Administrator
DI ION HEAD CONCURRENCE:
Pdbert M. Reatin AICP
Community Developftient #rector
Z. b.
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad,V
Staff Planner, Current Development
SUBJECT: Windsor Properties, Inc.'s Request for Preliminary
Planned Residential Development (PRD) Approval Extension
for Windsor Phase V
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 7, 1995.
DESCRIPTION AND CONDITIONS:
On May 12, 1994, the Planning and Zoning Commission granted
preliminary planned residential development (PRD) approval
replat block 15 of Windsor Phase 1 in conjunction with ayet to be
NOVEMBER 7, 1995 6
platted portion of land within the Windsor development. The
subject replat and plat proposal is to be known as Windsor Phase V,
and will include 70 single family uni-t: lots on 27.5 acres. The
subject property is zoned RS -3,' Residential Single Family (up to 3
units/acre), and is proposed to be developed at a net density no
greater than 2.57 units per acre. The preliminary plat is in
conformance with the overall Windsor PRD conceptual plan. The
expiration date of the planned residential development preliminary
plat approval was October 12, 1995.
Prior to the October 12th expiration date, the project applicant
filed a request to extend the planned residential development
approval expiration date. Pursuant to site plan regulations, the
request may now be considered by the Board of County Commissioners.
ANALYSIS:
Although the LDRs have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that subsequent amendments as applied to the subject
project are not significant enough to require any revisions or
redesign of the project. All TRC staff members have recently
approved the applicant's request for site plan extension.
As allowed under provisions of the LDRs, Windsor Properties, Inc.
is requesting a full 18 month extension of the site plan approval
expiration date. Pursuant to Chapter 913 of the LDRs, the Board of
County Commissioners may deny, approve, or approve with additional
conditions the requested site plan extension. Staff has no
objections to the Board granting the request since the previously
approved planned residential development preliminary plat
substantially conforms to existing LDR requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve
Windsor Properties, Inc.'s request for an 18 month extension of the
planned residential development preliminary plat approval. The new
planned residential development preliminary plat approval
expiration date will be April 12, 1997.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Windsor Properties, Inc. Is request for an 18 month
extension to April 12,. 1997, of the planned
residential development preliminary plat approval,
as recommended by staff.
b
NOVEMBER 7, 1995 7 BOGY � � ����r� �
�.
FF'_
BOOK 96 pAu 521
F. Progress Report & Reimbursement Invoice - 1995 Planning Grant
Invoice #3 - Commission for the Transportation Disadvantaged
The Board reviewed a Memorandum of October 24, 1995:
TO: James E. Chandler
County Administrator
D NT HEAD CONCURRENCE
Obert M. Kea ng, AICP
Community Developm nt actor
FROM: Sasan Rohani, AICP
Chief, Long -Range Planning
DATE: October 24, 1995
RE: PROGRESS REPORT & REIMBURSEMENT INVOICE
1995 PLANNING GRANT INVOICE #3
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 7, 1995.
DESCRIPTION AND CONDITIONS
-It is required, as part of the Transportation Disadvantaged (TD)
Planning Grant contract -between the Indian River County Board of
County Commissioners (HCC) as the Designated Official Planning
Agency (DOPA) and the State of Florida Commission for the
Transportation Disadvantaged (CTD), that periodic progress reports
and reimbursement invoices be submitted. To comply with the CTD's
requirements, staff has prepared a progress report and invoice for
the period from July 1, 1995 to September 30, 1995.
For the 1995 planning grant period, the invoice and progress report
represent the third submittal. This progress report and applicable
finished products, such as the Local Coordinating Board (LCB)
meeting agenda items, CTC reports, etc., are required to accompany
all reimbursement invoices.
Attached is a copy of draft invoice #3 and the progress report.
This report, along with the appropriate supporting documents, will
be submitted to the CTD upon the Board of County Commissioners/DOPA
approval.
On October 19, 1995, the Transportation Disadvantaged Local
Coordinating Board (TDLCB) reviewed and approved the attached
progress report and invoice. At that time, the'TDLCB recommended
that the Board of County Commissioners, in its capacity as the
Transportation Disadvantaged Program Designated Official Planning
Agency (DOPA), approve the attached progress report and invoice and
forward these to the CTD.
ALTERNATIVES AND ANALYSIS
Attached is a copy of the progress report and invoice for the July
1, 1995 to September 30, 1995 period.
NOVEMBER 7, 1995 8
Finished- products such as the TDLCB meeting agenda items, CTC
reports, and other pertinent reports are required to accompany all
reimbursement invoices. These materials will be submitted to the
state along with the reimbursement invoice and the progress report.
The BCC/DOPA's alternatives are either to approve the transmittal
of the Progress Report and reimbursement invoice as submitted, to
approve transmittal of the Progress Report and invoice with
revisions, or to deny the transmittal of the Progress Report and
reimbursement invoice to the state. Choosing the last alternative
could affect the county's reimbursement of staff time expended for
transportation disadvantaged planning related services.
RECOMMENDATION
The TDLCB and the staff recommend that the Board of County
Commissioners/DOPA approve the Progress Report and reimbursement
invoice #3, and direct staff to transmit the report and the invoice
to the State of Florida Commission for the Transportation
Disadvantaged (CTD).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Progress Report and reimbursement invoice #3 and
directed staff to transmit the report and the
invoice to the State of Florida Commission for the_
Transportation Disadvantaged (CTD), as recommended
by staff.
COPY OF REPORT AND INVOICE ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
G. Bid #6010 - Utility Supplies - Annual Contract -
Davis Meter and Supply. Inc.
The Board reviewed a Memorandum of October 19
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler
County Administrator
H.T. Dean AA
.10
Director, General Services-
FROM: Harry E. Ashe
Assistant Director of Utility Services
Fran Boynton PoweV41
Purchasing Manager
SUBJECT: Award Bid #6010 - Utility Supplies
Department of Utility Services - Annual Contract
1995:
October 19,1995
NOVEMBER 7, 1995 9 'Bog
WoK U r:
Background and Analysis:
On August 9 and 16,1995, the County advertised for bids to be received on August
30,1995, to establish firm fixed prices for furnishing utility supplies as required for
operations and installation of utility facilities.
In preparation of the requirements for bids the Department of Utility Services
reviewed both the historical and projected requirements due to growth and
expansion of the utility system.
During the review, one of the primary objectives established was to achieve cost
savings by being able to maintain at existing levels or reduce the amount of in-house
inventory of supplies required for operation of the utility. This objective must also
be achieved with the ability to have availability of emergency supplies available.
This goal could only be accomplished with (1) requirement for bidder to maintain
certain stock levels for certain materials and supplies as prescribed by the utility,
(2) the bidders required to provide immediate documentation of inventory levels at
the utilities' request through the use of an electronic inventory management system
and (3) requiring the successful bidder to furnish an on-line order entry system.
The County received four (4) responses to the advertisement for bids as follows:
B&H Sales*
Davis Meter & Supply
Ferguson Underground**
Say -On -Utilities**
*Various items bid did not meet IRC standards (i.e. meters not compatible with
current items).
**Did not bid all items.
Of the four (4) responses only two (2) vendors submitted bids on all items ( B&H
Sales and Davis Meter and Supply). Only one (1) (Davis Meter, West Palm Beach)
of the four vendors met all of the bid requirements.
In an effort to be responsive to the bidders the Department of Utility Services and
Purchasing Division Staff scheduled and held meetings with the most responsive
bidders (B&H Sales, Rockledge, Fl. and Davis Meter and Supply, Inc., West Palm
Beach, Fl.) to review and clarify the specific products bid and allow each bidder to
demonstrate their ability to meet the requirements requested in the bid documents.
After review of all items, Davis Meter and Supply, Inc., West Palm Beach, FI., was
judged to be the most responsive and with the ability to meet the requirements set
forth in the bid specifications at the most cost effective price.
It should be noted that the award of this bid does not mean that all of these items will
be purchased The large number of items in the bid are to establish competitive bid
prices for these items if they are required in operations or construction for the
utility. Bid prices reflect an increase of approximately 14% over 1990 bid prices.
Individual units for each item are based upon maximum quantities utilized on a
historical and/or projected usage basis.
NOVEMBER 7, 1995 10
Recommendation:
1. Based upon the review by both the Department of Utility Services and the
Purchasing Division it is staff's recommendation that the bid be awarded to
Davis Meter=and Supply, Inc., West Palm Beach, Fl., as the most responsive
and responsible bidder, meeting the specifications as set forth in the Invitation
To Bid.
2. Establish an Open End Contract with Davis Meter and Supply, Inc. with a
not to exceed amount of $600,000.00 during the period November 1, 1995 thru
October 31, 1996. Last year's total expenditures were $541,088.16.
3. Authorize the purchasing Manager torenew 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 Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6010 to Davis Meter and Supply, Inc., West Palm
Beach, FL. and authorized staff to establish an open
end contract in an amount not to exceed $600,000
during the period from 11/01/95 through 10/31/96, as
recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
H. Florida Department of HRS - Contract
The Board reviewed a Memorandum of November 1, 1995:
TO: Members of the Board
of County Commissioners
DATE: November 1, 1995
SUBJECT: 1995/96 STATE OF FLORIDA -DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES CONTRACT
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The HRS - Indian River County Public Health Unit has submitted their annual contract to the county
under F.S. 154.
RECOMMENDATION
Staff recommends approval of this contract.
NOVEMBER 7, 1995
11
tm 96 Pnrr 524
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the annual Contract with the State of Florida,
Department of Health and Rehabilitative Services,
pursuant to recommendations by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
9 �KT�5
I. Gifford Park Improvements - West Wabasso Park Improvements -
Fellsmere Lighted Basketball Court - Hobart Ballfield Lighting=
Engineering Services Agreement - Edlund & Dritenbas
The Board reviewed a Memorandum of October 25, 1995:
TO:
FROM:
SUBJECT:
DATE:
James E. Chandler,
County Administrator
James W. Davis, P.E.,
Public Works Directo
Professional Engineering Services Agreement -
Gifford Park Improvements, West Wabasso Park Improvements,
Fellsmere Lighted Basketball Court and Hobart Ballfield
Lighting
October 25, 1995 FILE: PARKs.AGN
DESCRIPTION AND CONDITIONS
As approved by the Board in September, 1995, staff has negotiated
the attached engineering services agreement with Edlund &
Dritenbas, Architects, Inc., Vero Beach, which provides for
professional. architectural/ engineering services described as
improvements to the above listed Parks for a not to exceed fee of
$37,200.
RECOMMENDATIONS AND FUNDING
Staff recommends authorization for the Chairman to execute the
attached agreement. Funding to be from the various Park funded
accounts.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Professional Architectural/Engineering Services
Agreement with Edlund and Dritenbas Architects, Inc.
in a not -to -exceed amount of $37,200, as recommended
by staff.
AGREEMENT IS BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 12
T. Ah Street R/W Acquisition - Parcel #102 - Zimmermann
The Board reviewed a Memorandum of October 24, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Direct
AND
Terry B. Thompson, P.E.C�10
Capital Projects Manager
FROM: Donald G. Finney, SRA T��-4--
County Right -of -Way Agent CONSENT AGENDA
SUBJECT: 4th Street Right -of -Way Acquisition; Parcel #102
DATE: October 24, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 4th Street for paving
improvement widening and water retention area.
The property owner has counteroffered and executed two contracts at
$72,435.00 for the C -H zoned land.
The appraised value is $2.95 per square foot for 21,945 square feet
of land which equates to $64,738, and the well and pump, waterline,
marl driveway, two electric services, and septic system is valued
at $3,500 for a total appraised value of $68,238.
The owner's counteroffer is:
LAND, $3.00/.sq.ft. $65,835
Itemized Improvements $ 6,600
(see attached letter)
CONTRACT TOTAL $72,435
RECOMMENDATION
Staff review appears that the contract is reasonable and requests
the Board of County Commissioners approve the $72,435.00 purchase
and authorize the Chairman to execute the contracts.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Contract with Karl Zimmermann in the amount of
$72,435, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 1IO
3D,
L-
BOOK 96 P1 E 521
K. Floodplain Cut & Fill Balance Waiver -
9210 44th Avenue - Roberta Tombere
The Board reviewed a Memorandum of October 19, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
AND
Roger D. Cain, P.
County Engineer
FROM: David B. Cox, P.E.°
Civil Engineer CONSENT AGENDA
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for
Residence at 9210 44th Avenue, Tax Parcel I.D. No. 28-31-
39-00000-0010-00008.0
REFERENCE: Project No. 95090048
DATE: October 19, 1995
DESCRIPTION AND CONDITIONS
Mrs. Roberta Tomberg has submitted a building permit application
for a single family residence on -the subject property, and has
requested a waiver of the cut and fill balance requirement of
Section 930.07(2)(d) of the Stormwater Management and Flood
Protection Ordinance. The site is located in special flood hazard
area Zone AE with base flood elevation of 10.0 ft. N.G.V.D. The
ten year flood elevation is 5.0 ft. N.G.V.D. The proposed
displacement of the floodplain below 5.0 ft. for which the waiver
is requested is 547 cubic yards as indicated in the attached letter
from the applicant's engineer -dated October 19, 1995.
ALTERNATIVES AND ANALYSIS
The project meets the cut and fill balance waiver criteria provided
in Section 930.07(2)(d)1. of being situated in an estuarine
environment within the 100 year floodplain along the Indian River
and in staff's opinion is appears that all other Stormwater
Management and Flood Protection Ordinance requirements can be met
withour adverse impact on other lands in the estuarine environment.
Alternative No. --I
Grant the cut and fill waiver based on the criteria of Section
930.07 (2) (d) 1.
Alternative No. 2
Deny the cut and fill waiver. Require an on site retention area be
provided to compensate for the proposed floodplain displacement.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
NOVEMBER 7, 1995 14
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously granted the
cut and fill balance waiver for the Roberta Tomberg
residence at 9210 44th Avenue, as recommended by
staff.
L. Cancellation of Outstanding Taxes - Property
Purchased for County Use - Pesce - 58th Avenue R/W
The Board reviewed a Memorandum of October 25, 1995:
TO: Board of County Commissioners
K.
FROM: &R-R.Aler, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: October 25, 1995
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTY PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and copies sent to the Property Appraiser and Fixed Assets
Department.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolution cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 95-140 cancelling certain delinquent
taxes upon publicly owned lands.
Re: R/W - 58th Avenue
Parcel #OS -33-39-00004-0010-00001.0
Dolores Mary peace RESOLUTION NO. 95-140
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY
OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA
STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
mm 96 ptF;,E 5:28
NOVEMBER 7, 1995 15
3m 96 P"", 529
RESOLUTION 95-140
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O. R. Book 1072, Page 2973, which was recently acquired by
Indian River County for right of way purposes on 58th Avenue, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner 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 Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 7 day of November , 1995.
BOARD OF UNTY COMM ERS
INDIAN IVE OUNTY, FLOR A
By
e eth R. Macht, Chairman
rtb
fV� k L�.�.
attachment: Sket & Legal Description
cct Fixed Assets Department
NOVEMBER 7, 1995 16
M
X
LEGAL DESCRUMON
The East 15 feet of she East 1/2 of
Lots 1 and 2. Block 1, according to the plat
of Rivera Estates recorded in. Plat Book 1,
Page 12 of the Public Records of Indian
River County, Florida.
Lying in Indian River County, Florida.
23RD STREET (Poinciana
Ave — Plot)
----- — Plat
5'
3
I
I
J11E
I c N
NSCALE.'
1-=40'
Cfl
JAL
o
a
i
y
----- _ _
110 15'
25'
150' Plat
CMFMTION
I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state
of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify
that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code,
pursuant to F.S. Chapter 472. PREPARED I�= WM RM COUNTY
DIOWEE N4 OEtART11111W
THIS OS NOT A SURVEY
iC SKETCH TO AOCOMPANY LEGAL DESCtI'"=
Charles A. Cramer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960
Indian River County Surveyor (407) 567-8000 Date 21
0
1
1
96 PA;L- 531
M. . Countryside Mobile Home Park - Amendment & Transfer of Utility
Franchise
The Board reviewed a Memorandum of October 30, 1995:
TO: B d of CountyCommissioners
` V
FROM: Charles P. Vitunac, County Attorney
DATE: October 30, 1995
RE: Amendment and Transfer of Countryside
Mobile Home Park Utility Franchise
Pursuant to the direction of the Board at the public hearing regarding the
request of the new owner of Countryside Mobile Home Park to become the
franchise holder for the utility service for the park, attached is a formal
amendment and transfer of the franchise from Realcor-Vero Beach Associates to
Ell -Cap 24, the owner of the park.
All the items suggested by the Utilities Director and approved by the Board
are included in this amendment. The amendment supplements the documents from
1985 and 1992, which a're.also attached.
The terms of this franchise as amended will govern the utility until it is
scheduled to connect to County water service no later than 2002, at which
time this franchise will expire.
Recommendation: Staff recommends approval.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Amendment and Transfer of Countryside Mobile
Home Park Franchise to ELL -CAP -24 and ELL -CAP -38 SAN
SOUCI, as Tenants in Common; as recommended by
staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 18
PROPOSEI2HIGH SPEER RAIL (SYSTEM PRESED ATION - ST. LUCIE
COUNTY PROSPECTUS
The Board reviewed a letter of October 5, 1995:
BOARD OF COUNTY
COMMISSIONERS
October 5, 1995
Mr. James E. Chandler
County Administrator
Indian River County
1840 25th Street
Vero Beach,FL 32960
COUNTY
ADMINISTRATOR
Re: October 24, 1995 Board of County Commissioners' Meeting
Dear Mr. Chandler.
THOMAS L.L. KINDLED
I am requesting that St. Lucie County be placed on your Board of County
Commissioners' October 24th Agenda for 9AM.
At that time we will be prepared to make a 30 minute presentation on the proposed
High Speed Rail System and how a regional transportation system could benefit the
Treasure Coast. I have enclosed 6 copies of the Florida High Speed Rail System: A
St. Lucie County Prospectus for your Board's review prior to the presentation.
If there are any questions prior to October 24th please feel free to contact me at 407-
462-1452.
Thankyou.
Sincer ly
01
/M
Douglas . Anderson
Assistant County Administrator
c. Tom Kindred, County Administrator
Dennis Murphy, Land Development Coordinator
HAVERT L FENN. Dmna No. i • KEN SATMER. Duma No. 2 • DENNY GREEN. Duma No. 3 • GARY D. CHARLES. SR. Damn No. 4 . CLIFF WNES. Duma No. 5
Coumy AdMhWWW - Thomas R.L. KWKft-d
2300 Virginia Avenue • Farr Pierce, FL 34982-5652 • Phone (407) 462-1450 *TDD (407) 462-1428
FAX(407)462-2131
Tom Kindred, -St. Lucie County Administrator, advised this is
a four county effort. A meeting has been scheduled by the Florida
Department of Transportation on November 15, 1995 in Palm Beach
Gardens, Florida to workshop ideas. Mr. Kindred advised the Board
that St. Lucie County will do everything possible to influence
bringing the train to the area.
Douglas M. Anderson, St. Lucie Assistant County Administrator,
felt it makes sense to have the rail line come through the Treasure
Coast area and emphasized that they are interested in obtaining a
central maintenance facility and a future passenger station.
boos 96 P,Arr5:32
NOVEMBER 7, 1995 19
Fr'_
aam 9
Dennis Murphy of the St. Lucie County Community Development
Department stated that the *State originally said it would fund the
project on an annual basis. However, the original proposals did
not include access to or service of the Treasure Coast area
(Martin, St. Lucie, Indian River and Okeechobee Counties). They
are now at least considering this area due to the fact that the
population forecast is for an additional 500,000 people in the area
during the next few years. There is discussion regarding a high
speed rail system, but for that to work it has to have very few
stops. There are plans for multi -modal linkage by sea, air and
rail which will probably be many years in the future but which
needs to be considered now.
Commissioner Bird questioned whether the system would be an
interstate or federal system and who would be using the system.
Mr. Murphy replied that the system will run only within State
of Florida and will be marketed toward business users and tourists.
Mr. Kindred thanked the Commissioners for their time and
stated that he would keep them posted as to the progress of the
plans.
BOOKLET REGARDING HIGH SPEED RAIL SYSTEM IS ON FILE
IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS
VERO TROPICAL GARDENS & PORTION OF PARADISE PARK UNIT
3 - WATER SERVICE & ROAD & DRAINAGE MPROVEMENTS -
RESOLUTION III
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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 tie Is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach` In Indian River County, Florida: that the attached copy of advertisement, being
in the matter of
In the Court• was pub -
Rafted in sold newspaper in the issues of
Affiant further says that the said Vero Beach Press-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 assecot'M clasa mail matterat lhe4mi office In VeroJBeach, insald-Indian Rhrer Coun-
ly, 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 ouroose of securing this
adv.851sement for publication in the said newspaper. -
'64id a4iubserlbed before me this = L_ day, of A.D. 19
.JOUsingss Managed
%imAGUE. NOTARY PUBLIC.
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NOVEMBER 7, 1995 20
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VERCIF BEAMPRESSJOURNAL
Published Daily
Vero Beads, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press•Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a `��
a f In the matter of
� w
In the ��ii,, ��a Court. was pub-
lished M said newspaper In the Issues of 4"d
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 dally 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 afflanl 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.
"Aworn to Aid subscribed before1 r. A.D. 19 �hf2�; —
r.
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(13uwrh& Manager)
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The Board reviewed a Memorandum of October 20, 1995:
TO: JAMES E. CHANDLER OCTOBER 20, 1995
COUNTY ADMINISTRATOR
FROM: JAMES W. DAVIS, P.E.
PUBLIC WORKS DIRECTO
TERRANCE G. PINTO
DIRECTOR OF UTILI VICES
PREPARED JAMES D. CHASTAIN
AND STAFFED MANAGER OF ASSESSMENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
JAMES W. DAVIS, P.E.
PUBLIC WORKS DIRECTO
SUBJECT: VERO TROPICAL GARDENS AND A PORTION OF PARADISE PARK
UNIT 3 WATER SERVICE
INDIAN RIVER COUNTY PROJECT NO. UW -95 -11 -DS
ROAD AND DRAINAGE IMPROVEMENTS - PUBLIC WORKS PROJECT
NO. 9130
RESOLUTION III - PUBLIC HEARING
DESCRIPTION AND CONDITIONS
On October 17, 1995, the Indian River County Board of County
Commissioners approved Resolution 95-133 (Resolution I) and 95-134
(Resolution II) for Water Service and 95-135 (Resolution I) and 95
136 (Resolution II) for Road -and Drainage Improvements. These
resolutions contained the preliminary assessment roll and
established the date of the- public hearing for the subject
project(s). Property owners have been notified of the public -
hearing by certified mail. Resolutions 95-133 and 95-135 were
published in the PRESS JOURNAL on October 23, 1995.
NOVEMBER 7, 1995 21
Boa 96 P, rE 534
BOOK 96 PAGE 535
ALTERNATIVES AND ANALYSIS
Vero Tropical Gardens, platted inJ1952, is without adequate road
access to most lots for emergen(ty vehicles, 'a proper drainage
system, and quality drinking water, or fire protection. The
subdivision is located between 26th Street (Walker Avenue), 20th
Street (State Road 60), 98th Avenue, and along the east side of
94th Avenue, backing against the west side of I-95. There are
seven properties consisting of 20 lots (and/or portions of) in a
small portion of Paradise Park, Unit 3, located east of Vero
Tropical Gardens. The development(s) include 471 platted lots
(and/or portions of) and four non -platted parcels, which may
benefit from the proposed improvements. Of the 15 existing homes,
7 of the owners contacted have expressed support for such
improvements. The owners of 49 vacant lots have local addresses.
Owners
Lots
114 114
31 (of these 3 own 170 lots 361
Total 145 475
Typical lots sizes are .16 to .21 acre; therefore, lots in the
project are substandard or "undersized," according to Indian River
County's Comprehensive Plan and the County Public Health Unit,
Division of Environmental Health, which require that new lots
utilizing well and septic systems be a minimum of one-half acre.
Lots not meeting these minimum standards are called "undersized
lots."
The attached map,displays the area to benefit from the assessment
projects'. The projects are to be paid through the assessment of
property owners along the proposed water line routeand fronting
roads to be paved. In the interim, financing will be through the
use of impact fee funds for the water project and by the petition
paving account for the road paving and drainage improvements.
Engineering design services for the water project will be completed
by the Department of Utility Services staff. Engineering design
for paving and drainage improvements will be performed by private
consultant or County staff.
The total estimated project cost and amount to be assessed for the
water system.is $618,360.42. The total estimated cost per square
foot is $0.1563987 for water line installation. The estimated cost
for paving and drainage improvements is $1,502,423.00 or $0.38 per
square foot.
Separate resolutions are attached for each project.
RECOMMENDATIONS AND FUNDING
The staffs of the Department of Utility Services and Public Works
Department recommend that the Board of County Commissioners approve
the attached Resolutions III (one for the water project and one for
the paving and drainage project), which affirms the preliminary
assessment for both projects. _
Public Works Director Jim Davis reviewed the proposal for the
Board and advised that Manager of Assessment Projects Dan Chastain
and he had met with -the property owners who expressed their
concerns regarding.:the road paving assessment and the wetlands.
The owners felt that it would be necessary to extend the assessment
NOVEMBER 7, 1995 22
payment period over 10 years rather than 2 years due to the amount
of the assessments. Also, Florida Power & Light has a 110 foot
assessment on their power line and has requested that they be
excluded from the assessment. The park areas will be included in
the storm water management areas.
Director Davis advised that FPL owns one park and the large
park to the east is privately owned. This is a 100% assessment
because the County has never maintained these roads. He suggested
it might be possible to borrow over a short term to accomplish the
project and offer a 10 year repayment program.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Sam Rohlfing of 2310 98th Avenue pointed out that the property
owners who petitioned for paving are not residents of the area.
She wanted the Board to be aware that residents of the area are
already in a difficult situation, and they may not be able to stay
if they cannot afford to pay the assessments. She stated that her
assessment is $18,000.
Administrator Chandler emphasized that this assessment is
unique because of the combination of water and paving.
Sam Culbertson of 736 Eugenia Road owns commercial property on
SR -60 and wanted to know how many owners are in favor of the
project. He wondered what would happen if people just did not pay
the assessment and 400 lots came back to the County.
County Attorney Vitunac stated that the County could take
title to the land as a worst case scenario, but he emphasized that
has never happened.
Mr. Culbertson had not heard of anyone who is in favor of the
project and wondered how it originated.
Chairman Macht stated that the process goes through a public
forum giving property owners a chance to respond. through an
ongoing, progressive process, giving everyone an ample opportunity
to express their opinions.
Director Davis advised that the average water and sewer
assessment totals about $3600. Staff had received a letter from
Paul Neill asking to be put on the agenda to discuss water and:road
improvements in 1992. At that time staff was instructed to prepare
the project. Letters were sent and response was solicited from
property owners.
NOVEMBER 7, 1995 23 Wax pvE 536
Bog 96rrr Jf.537
Mr. Culbertson also questioned paving 20th Place behind the
commercial lots and wanted'to be certain that the owners of those
commercial lots would not be required to consider 20th Place as a
primary access and that SR -60 still would be available for their
use.
Director Davis responded that SR -60 is a State highway and
that 20th Place is a local road as opposed to an arterial road. In
this particular case, since zoning is commercial on the lots
fronting SR -60_, staff certainly would try to work with the Florida
Department of Transportation to accomplish an access plan but that
it would be difficult without a site plan.
Mr. Culbertson did not want to pay the assessment and not be
able to use the SR -60 access. He also questioned whether any
further thought had been given to paving 96th Avenue, and Director
Davis advised that will be considered at a later time as it is
premature at this time.
Mr. Culbertson then wanted to be sure the residents will be
paying just for the water line to the north and whether the
proposed drainage would allow mitigation for any wetlands
requirements for the commercial property owners.
Director Davis advised that the project will not meet all the
needs of available onsite development but will help.
Mary McGee of 212 Independence Avenue, Palm Harbor informed
the Board that they had purchased their property in 1957 and have
been paying taxes all these years. The first time they came down
in 1961 they drove and drove and found nothing but bugs. When they
finally found it in 1987 they discovered they had purchased a
swamp. They are in favor of the project.
Jim Coffey of 77 Cache Cay Drive believed the project is great
and advised the Board that Evelyn Neville and Dr. Hunt asked him to
say they are also for it. However, they all need the 10 year
payment plan.
Dave Douglas, representing Florida Power & Light Company,
wanted to clear up a few points. Florida Power has 28 lots with a
$105,000 assessment. He explained the typical construction of the
structures and that the structure may be 18 feet off the property
line with a transmission right-of-way which is 200 feet wide, which
only leaves about 50 feet of the lot. Florida Power is asking the
Board to consider removing them from the assessment and the
project. They are willing to satisfy any requirements that they
will not build on these lots in the future. In response to
Commissioner Adams' question as to whether the transmission lines
would be upgraded in the future, Mr. Douglas advised that the next
step up is not being considered as yet.
NOVEMBER 7, 1995 24
Commissioner Eggert questioned how much servicing the_towers
require, and Mr. Douglas replied that Florida Power has its. own
patrol roads.
County Attorney Vitunac advised that there was a discussion
regarding dedicating the 50 feet to the County as a utility
easement.
Commissioner Bird wanted to know if there is any way the
project could benefit from that 50 foot strip, and Utilities
Department Director Terry Pinto agreed that. if :that area were
platted so they could not develop it, they would receive no benefit
from the project. However, he cautioned that there would be
$33,000 added back into the project.
Director Davis commented that 96th Ave needs to be paved and
if the easement were granted, that would be a help. One
alternative would be to construct a one-way road on 96th Avenue but
people in residential areas do not like one-way streets.
Commissioner Bird emphasized that the additional burden caused
by removing Florida Power from the assessment should not fall on
other property owners in the area.
Dee Brown of 2100 98th Avenue felt that another exit from the
neighborhood is needed but wanted to be certain that she would not
be assessed for the additional portion caused by Florida Power's
removal from the assessment. She owns 7 lots and will have to pay
about $30,000, so it will be at least 15 years before she will be
able to see a return on her property. She also expressed a concern
with the M-1 multi -family designation and hoped that the County
would not allow apartment buildings in the area.
Commissioner Bird explained that the designation under the
Comp Plan is because of the size of the lots but the zoning is
still single-family residential.
Gene Bolero of 1455 Wynn Cove felt the community should be
zoned commercial because of the new outlet mall and complained that
the assessment is a big burden. He believed there will be a lot of
foreclosures in the area.
The Chairman asked if anyone else wished to be heard in this
matter. There being none, he closed the public hearing.
Commissioner Bird wanted to be sure that Florida Power will
work with the County engineering department and that a restriction
is placed on the lots so that they. -can never be developed.
NOVEMBER 7, 1995 25 BON96 poE538
'r
L_
BOOK 96 Fa";E5:39
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board (by a 4-1 vote,
Commissioner Adams opposed) adopted Resolution 95-
141 confirming the special assessments in connection
with a water main extension to Vero Tropical Gardens
and a portion of Paradise Park Unit #3, with the
condition that a 10 -year payment plan be offered to
property owners and the direction to staff to work
with Florida Power & Light Company to give them as
much of a break as possible and still keep the
assessment to the other property owners at the
currently proposed assessment.
IN THE RECORDS OF
JEFFREY K. BARTON
Public H CLERK CIRCUIT COURT
erring (Third Reso.) INDIAN RIVER CO.. FLA.
RESOLUTION NO. 95- 141
A RESOLUTION OF INDIAN RIVER- COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH PAVING AND DRAINAGE
IMPROVEMENTS TO VERO TROPICAL GARDENS
SUBDIVISION AND A PORTION OF PARADISE PARK
SUBDIVSION UNIT #3 AND PROVIDING FOR SPECIAL
ASSESSMENT LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95-135, adopted October 17, 1995,
determined to make special assessments against certain properties to be
serviced by a paving and drainage to Vero Tropical Gardens
Subdivision and a portion of Paradise Park Subdivision Unit #3; and
WHEREAS, said resolution described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
WHEREAS, the resolution was published in the Vero Beach Press
Journal on October 23, 1995, as required by Section 206.04, Indian
River County Code; and
WHEREAS,
the Board of
County
Commissioners
of Indian -
River
County passed
Resolution No.
95-136 on
October 17,
1995, which
set a
time and place for a public hearing at which the owners of the
properties
to
be assessed
and
other interested persons
would have
the
chance to
be
heard as to
any
and all_ complaints as to
said project
and
NOVEMBER 7, 1995 26
RESOLUTION 95-141
said special assessments, and for the Board to act as required by
Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, October 20, 1995,
and Friday, October
27,
1995
(twice one week apart; the last
being at
least one week prior
to
the
hearing) ,
as required by Section
206.06,
Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian C
River County Code; and !?
WHEREAS, the Board of County -Commissioners of Indian River "
County on Tuesday, November 7, 1995, at 9k05 a.m. conducted the
public hearing with regard to the special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE- BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
2. If not
paid
in full, the
special assessments may be paid in
ten
equal
yearly
installments
of principal plus interest. If not
paid
when
due,
there shall
be added a penalty of 1-1/2% of
the
principal not paid when due. The unpaid balance of the special
assessments shall bear interest until paid at a rate to be
determined by the Board of County Commissioners when the project
is completed.
3. The Board finds that the properties assessed by this resolution
will receive special benefits equal to or greater than the cost of
the assessment.
4. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
NOVEMBER 7, 1995 27 Boa 96
BOOK 96 FAU 541
RESOLUTION 95-141
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner
F g p r t , and the motion was seconded by Commissioner A d a m s
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams N a y
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of November, 1995.
fj'°•••...0000 �1
Cc*"r!Tx
.9•
BOARD OF OUNTY CO SIONERS
INDIAN VER COU TY, RIDA
By
Kenneth Macht
Chairman
Attachment: ASSESSMENT ROLL
(to be recorded on Public Records)
APPROVED AS TO FORM
ANDfojc5br—�
L SUFFICIENCY:
Charles P. Vilunac
County Attorney
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board (by a 4-1 vote,
Commissioner Adams opposed) adopted Resolution 95-
142 confirming the special assessments in connection
with paving and drainage improvements to Vero
Tropical Gardens and a portion of Paradise Park Unit
#3 with the condition that a 10 -year payment plan be
offered to property owners and the direction to
staff to work with Florida Power & Light Company to
give them as much of a break as possible and still
keep the assessment to the other property owners at
the currently proposed assessment.
NOVEMBER 7, 1995 28
C
CID
0
`W
Cc
® s �
Public Hearing (Third Reso. )
RESOLUTION NO. 95- 142
IN THE RECORDS OF
JEFFREY K. BARTOCIRCUrr N
NDIURT
AN RIVER CO..
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH A WATER MAIN EXTENSION
TO VERO TROPICAL GARDENS AND A PORTION OF
PARADISE PARK UNIT #3 AND PROVIDING FOR
SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95-133, adopted October 17, 1995,
determined to make special assessments against certain properties to be
serviced by a water main extension to Vero Tropical Gardens and a
portion of Paradise Park Unit #3; and
WHEREAS, said resolution described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
WHEREAS, the resolution was published in the Vero Beach Press
Journal on October 23, 1995, as required by Section 206.04, Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 95-134 on October 17, 1995, which set 'a
time and place for a public hearing at which the owners of the
properties to be assessed and other interested persons would have the
chance to be heard as to any and all complaints as to said project and
said special assessments, and for the Board to act as required by
Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, October 20, 1995,
and Friday, October 27, 1995 (twice one week apart; the last being at
least one week prior to the hearing) , as required by Section 206.06,
Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
'
ten days prior to the hearing, as required by Section 206.06, Indian
C:b
�D
River County Code; and
WHEREAS, the Board of County . Commissioners of Indian River
County on Tuesday, November 7, 1995, at 9:05 a.m. conducted the
public hearing with regard to the special assessments;
96 pv�E 542
NOVEMBER 7, 1995 29
booK 96 PA, -E543
RESOLUTION 95-142
NW-
; TAEREFORE, BE IT RESt WED 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. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
2. The Board finds that the properties assessed by this resolution
will receive special benefits equal to or greater than the cost of
the assessment.
3_ The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner Adams
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams N a y
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert A y e
Commissioner Sohn W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of November, 1995.
E
A
b.e•
BOARD O COUNTY C SSIONERS
INDIAN IVER CO TY, FLORIDA
By -
Kenneth A.
Chairman
Attachment: ASSESSMENT ROLL
(to be recorded on Public Records)
NOVEMBER 7, 1995 30
�®
®M-
MM ►%�t
I F� WA I I"IW.��
FffnWRIMI�/�/�WA, WA,".
BELE SQA MOBILITY, INC. - REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO CONSTRUCT 199 FOOT TALL
COMMUNICATIONS TO
VETO 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 dally newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a i j�irnwi
in the matter of
In the Court, was pub-
lished in said newspaper in the issues of ZC2 �'r���,(//,. � zz 1V9-1—
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 Coun7
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
$phrAisl9jjnent for publication in the said newspaper. G+.�
o.SBA
T C scribed before me this day oA.O.19 Z_
Jntg ?9 1 pir� , t8uainess Manager)
.� 317 BARBARA C SPt, z4t1., NU:ARY PIAUC.
t
- .. Wed. qy
Notary BAR3ARA r SPRAGIIF.
NOTICE OF PUBLIC HEARING
Notice of hea" to consider granting sp" ex-
cepdm use approvpalropfedr a 1p99' cortm iunicetiobryi
Son w W=,, kr.. and btocated at esendy � I
Place In Sectim 03, Township 33 and RarW 39.
See the above rtatp far the l' ' I ". n
• A public -h11afl'Ig at which parties in interest and
dti:ens shelf have an opportunity9
y to be heard, w
be held by ft Board of Coff"llssioners
Indian Rkw County, Florida. in the hof
Sion Chambers of the County Adrtdnistrafim Btald-
N, located at 1840 25th Street, Vero Beach, Flor-
Wit off Tway, Nover tw 7,1995wish at la
NWOpt 9:05 a
which,r be rna at this �meterwA it rived
sure that a verbatim rsty, of she prooeedngs Is
made, which kickdes testirrnony and evidence upas
which the appeal Is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THE MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABLIT1ES ACT
(ADA) COORDINATOR AT 587-8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET -
BOARD OF COUNTY C.OI QNERs
BY-s-lWmeth R. Macht, Chairman
Oct 18, 1995 1243418
The Board reviewed a Memorandum of October 27, 1995:
TO: James Chandler
County Administrator
D ION HEAD CONCUR NCE:
00�
jo-
er W. Kea ng AICP
Community Developtnent HWrector
THROUGH: Stan Boling AICP
Planning Director
FROM: Eric Blad//<?
Staff Planner, Current Development
DATE: October 27, 1995
SUBJECT: Bell South Mobility, Inc. Is Request for Special Exception .
Use Approval to Construct a 199' Tall Communications
Tower
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 7, 1995.
DESCRIPTION AND CONDITIONS: -
•Project Description
Unruh, Smith & Associates, Inc., on behalf of Bell South Mobility,
Inc., has submitted an application requesting minor site plan and
NOVEMBER 7, 1995
31
moo 96 X11 JE 544
Bov 96 Fv)-F 545
special exception use approval to construct a 199' tall
communications tower and an associated equipment building. The
subject site is zoned IL (Light Industrial), and is located at 9055
16th Place (Lot 11 of Interstate Commercial Park). Because a tower
over 140' in height is proposed and because the site is located
within an IL zoning district, special exception use approval must
be granted for construction of the tower.
•Planning and Zoning Commission Recommendation .& Board of County
Commissioners Consideration
At its regular meeting of October 26, 1995, the Planning and Zoning
Commission voted 4-1 to recommend that the Board of County
Commissioners approve the special exception use request (see
attachment #5). The Technical Review Committee approved the
project's minor site plan (with conditions) subject to Board
approval of the special exception use request. Therefore, the
minor site plan approval will become effective upon Board approval
of the special exception use request.
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 surrounding areas. The Board may then deny the
project or grant approval to the project. The Board may also
attach conditions and safeguards deemed appropriate to mitigate
impacts and to ensure compatibility of the use with the surrounding
area.
ANALYSIS:
1. Zoning Classification: IL, Light Industrial
2. Land Use Designation: C/I, Commercial/Industrial
3. Surrounding Land Use:
North: 16th Place, commercial/IL
South: Interstate Commercial Park Stormwater tract/IL
East: Vacant/IL
West: Commercial/IL
4. Building Area: 411 sq. ft.
5. Total Impervious Surface Area: 1,212 sq. ft.
Note: The impervious surface area includes the proposed
building, and stabilized driveway and parking areas.
6. Open Space: Required: 15.0%
Provided: 81.0%
7. Traffic Circulation: The site access and on-site facilities
have been approved by the county traffic engineer.
8. Off -Street Parking: Required: 2 (unpaved, stabilized)
Provided: 2 (unpaved, stabilized)
Note: County off-street parking regulations for towers
require two (2) parking spaces. In accordance with.LDR
section 954.05(50), the spaces may be fully sodded or
otherwise stabilized as approved by the Public Works Director.
Unpaved, stabilized parking spaces are proposed for the
subject site and have been approved by the Public Works
Director.
9. Landscape Plan: The landscape plan .is in compliance with
Chapter 926 of the land development regulations. Landscaping
requirements pursuant to the specific land use criteria of
section 971.44(2) have also been satisfied by the site plan
application.
NOVEMBER 7, 1995 32
M
M
10. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department.
11. Utilities: Unmanned facilities, such as this one, are not
required to be serviced by public water or wastewater services
or on site systems. Therefore, county utilities has no
objection to approval of the site plan and use request.
12. Health & Rehabilitative Services (HRS): The HRS Environmental
Health Unit acknowledges that the site will not require a
potable water supply or sanitary facility, and has no
objections to approval of the site plan and use approval.
13. Airport Zoning Ordinance Regulations:
The proposed 199' tower would extend into one of the county's
"height notification zones." Pursuant to the county's airport
zoning ordinance regulations, the applicant has been notified
that it must file a notice of proposed construction form with
the FAA (Federal Aviation Administration), obtain the FAA's
determination and comments on the proposed tower, and obtain
either an "airport construction permit" from staff or an
"airport obstruction variance" from the Board of Adjustment.
At this time, the applicant has documented to staff that the
appropriate notification form, along with an obstruction
evaluation, have been filed with the FAA. The applicant has
acknowledged that upon receipt of the FAA's determination, it
will apply for a county "airport construction permit".
Pursuant to county LDRs [911.17(4)(a)], the project site plan
cannot be released until an "airport construction permit" is
issued by county staff. After this permit has been obtained,
the proposed tower would be in conformance with the county's
airport zoning ordinance regulations.
14. 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 areas have been adequately provided.
3. Screening and buffering have been adequately provided,
including landscape plantings which screen the parking
area and the base of the tower from 16th Place and 90th
Avenue.
4. Signs and lighting have been addressed in the site plan
review and meet all county requirements.
5. Required yards and open space have been accommodated by
the proposed design.
6. Consistency with the comprehensive plan and LDRs: As
described in this report, the proposed use and site plan
design are in accordance with the comprehensive plan and
LDRs.
7. Compatibility with surrounding uses: The project
intensity, location, and screening is adequate to ensure
compatibility with surrounding uses.
Bou 96 P9� U
NOVEMBER 7, 1995 33
Boa 96 PAGE 547
8. 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, traffic engineering, and drainage
engineering requirements.
9. 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.
15. Specific Land Use Criteria: The applicant must satisfy the
following specific land use criteria which apply to the
erection of a tower exceeding 140' in height within an IL
zoning district.
A. General criteria for all towers exceeding 70' in height.
1. All towers not related to amateur radio
communications use shall have setbacks from all
property lines equal to one hundred ten (110)
percent of the height of the proposed structure.
This setback provision may be waived or modified if
the applicant submits a certified, signed and
sealed statement from a Florida registered
professional engineer stating that the tower would
collapse within the designated and specified fall
radius depicted on the plans.
Towers related to amateur radio communication use
need only satisfy building setbacks for the zoning
district in which the tower is located. This less
stringent setback provision is in recognition of
the FCC's PRB-1 preemption for amateur radio
communications.
2. In cases where the tower is not related to amateur
radio communications use, the fall radius (one
hundred ten (110) percent of the tower height or
other approved design fall radius) shall not
encroach upon existing off-site structures or
adjacent residentially designated property;
3. The distance of any guy anchorage or similar device
shall be at least five (5) feet from any property
line;
4. All accessory structures shall be subject to the
height restrictions provided in Accessory uses,
Chapter 917;
5. If more than two hundred twenty (220) voltage is
necessary for the operation of the facility and is
present in a ground grid or in the tower, signs
located every twenty (20) feet and attached to the
fence or wall shall display in large bold letter -
the following: -"HIGH VOLTAGE - DANGER";
6. No equipment, mobile or immobile, which is not used
in direct support of the transmission or relay
facility shall be stored or parked on the site
unless repairs to the facility are being made
(applies only on A-1, A-2, or A-3 zoned property);
7. No tower shall be permitted to encroach into or
through any established public or private airport
approach path as provided in the airport height
limitations. All proposed towers shall satisfy the
airport zoning ordinance requirements.
NOVEMBER 7, 1995 34
� s �
8. Towers proposed to be located in the RFD, RS -1, RS -
2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10,
y RMH-6, RMH-8, Con -2, R -SCID, AIR -1, and ROSE -4
zoning district shall be accessory to the principal
districts shall be accessory to the principal site
use and shall meet standard building code
requirements for structures.
B. Specific criteria for towers over 140' in height
requiring special exception use approval.
1. Suitable protective anti -climb fencing and a
landscape planting screening shall be provided and
maintained around the structure and accessory
attachments. Where the first fifty (50) feet of a
tower is visible to the public, the applicant shall
provide one canopy tree per three thousand (3,000)
square feet of the designated fall radius. The
trees shall be planted in a pattern which will
obscure the base area of the tower, without
conflicting with the guy wires of the tower;
2. All towers shall submit a conceptual tower lighting
plan. Louvers or shields may be required as
necessary to keep light from shining down on
surrounding properties. Strobe lights must be used
unless prohibited by other agencies;
3. The reviewing body shall consider the impact of the
proposed tower on residential subdivisions near the
project site;
4. All property owners within six hundred (600) feet
of the property boundary shall receive written
notice;
5. Applicants shall explain in writing why no other
existing tower facility could be used to meet the
applicant's transmitting/receiving needs. An
application may be denied if existing tower
facilities can be used;
6. Towers shall be designed to accommodate multiple
users;
7. A condition of approval for any tower application
shall be that the tower shall be available for
other parties and interests. This shall be
acknowledged in a written agreement between the
applicant and the county, on a form acceptable to
the county, that will run with the land.
The applicant has stated that the proposed tower is needed to
enhance the services provided to Bell South Mobility's
customers in southern portions of Indian River County. In the
applicant's assessment, existing towers in the area are
inadequate for Bell South Mobility's needs, due to the
location and/or height of other existing towers (see
attachment #4). It is staff's position that the applicant has
met specific land use criterion B.5 by providing 'adequate
justification to indicate why no other existing tower could be
used to meet its needs.
Each of these 14 criteria has been addressed by the applicant.
Staff has verified that each criterion is satisfied, with the
exception of criterion B.7., which can be satisfied via an
approval condition that the applicant enter into an agreement
with the county to allow other parties to use the tower.
BOOK 96 F,;F54S?
NOVEMBER 7, 1995 35
BOOK 96 P,,u 549
16. Dedication and Improvements: The LDRs do not require any
dedications or improvements connected with the proposed
development of this site.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception approval for the
requested tower with the following conditions:
1. Prior to site plan release, the applicant shall obtain a
county "airport construction permit".
2. Prior to site plan release, the applicant shall enter into an
agreement with the county which is acceptable to the county
attorney's office, to allow. use of the tower by other parties
when technically viable and feasible in relation to the Bell
South Mobility operations.
Commissioner Bird announced a conflict of interest and filed
the necessary form with the Clerk's office. He said his firm has
listings on several of the properties which are under consideration
and he would refrain from discussing this matter. Whereupon,
Commissioner Bird left the Commission Chambers.
MEMORANDUM OF VOTING CONFLICT FORM 8B
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Vitunac swore the witnesses and asked them to
confirm that they had been sworn when speaking.
Planning Director Stan Boling presented the project to the
Board.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Attorney Bruce Barkett, special counsel for BellSouth,
introduced Gil Pastoresa, attorney for BellSouth and Geoff Sluggett
with Unruh Smith & Associates. Mr. Barkett explained that the need
is to enlarge cellular phone reception. The proposed location is
very compatible to the use and is bordered on the west by I-95 and
on the east by 90th Avenue. This is an industrial area. Several
of the neighbors have expressed concern as to how the transmissions
might affect other equipment but these transmissions are very low
power. Some of these towers are located where radar is calibrated
with no effect, such as highway patrol locations. This tower will
serve an existing need in the county and will be -available far 800
Mhz emergency use in the event of a hurricane or other natural _
NOVEMBER 7, 1995 36
77
disaster. Secondly, the tower will provide better service for -
cellular users. Also, in the event of a natural disaster, the only
communication available is usually cellular and this tower will
provide improved communications.
Geoff Sluggett of Unruh Smith & Associates, representing Bell
South and property owners Mr. and Mrs. David Holmes, explained
there is a dead spot in the middle of the county and this tower is
necessary to fill the existing need. Mr. Sluggett presented a
rendering of the fenced -in facility and pointed out the industrial
nature of the surrounding area. He felt this is the most ideal
site from a land use perspective as it is a very passive use. The
only traffic occurs twice a month when maintenance comes to check
the tower. They have met several times with surrounding property
owners and have attempted to allay their concerns. They want to be
a good neighbor and feel the tower will be a major benefit to the
county with the 800 Mhz system. Mr. Sluggett believed the County
would have to construct its own tower for this use if BellSouth's
tower is not built. He reminded the Board that the only
communication available the first 4 weeks after Hurricane Andrew
was cellular.
Gil Pastoresa an Attorney representing Bell South in Dade,
Broward and Monroe Counties, gave his background and addressed some
of the health issues, explaining that BellSouth is federally
licensed onsite with FAA approvals. He presented a chart showing
the health risks from the tower to be significantly lower than the
government's standard. Dade County did a study and has allowed
sites at 3 hospitals located in Dade County.
Larry Parks of 140 9th Court, president of Interstate
Industrial Park and owner of Coastal Van Lines, explained that
their number one area of concern is public safety. Everyone in the
park is extremely concerned about the radiation and his metal
building is located within 200 feet of the proposed tower. This
tower is proposed to be located right in the center of the park and
there is concern about decreased property values. They feel there
is an abundance of agricultural land available which would be a
more suitable location.
Commissioner Eggert commented that she has never seen anything
in any of the scientific studies to indicate there was any danger
involved in this type of transmission.
Ben Marks of Indian Harbor Beach works at Coastal Van Lines 8
hours a day, felt the statement_ that there are no medical
repercussions is not to be believed. We are at a point now where
we are meeting technology head-on and he believed that all of the
NOVEMBER 7, 1995
37
BOOK 96 PAGE
BOOK 96 PAGE 551
advances in technology raise a lot of questions about safety. He
felt that BellSouth wants to put something very risky in the midst
of the community and the tower should be in a place where it would
be of no effect to anyone, while still being able to cover
BellSouth's dead zone.
Mr. Shearer of Lakewood Village believed that a tower just
west of I-95 had been torn down recently which could have been used
for this purpose.
Ron Lambert, commercial real estate broker, advised that he
had .sold several lots in this industrial park and has spoken with
the property owners. He believed the presence of the tower would
have an effect on the marketability of other lots. He is aware of
a pending deal on a lot just to the right of this site where the
proposed purchaser said they will not buy the lot if the tower is
there. The tower is reducing the number of buyers for these sites.
Mike Grasso of 473 Hazel Street, Sebastian, an employee of
Coastal, stated that he does not approve of the tower.
Kevin White, another employee of Coastal, totally disapproved
as to the health issues.
Glen Legwen, local resident, asked for an explanation of the
County's 5 story height restrictions and felt the proposed
landscaping is very inadequate.
Director Boling explained that the height restriction is 35
feet except for utility poles, steeples, and towers.
Buddy Dawson of 1366 15th Avenue was against the tower for
safety reasons and believed that whatever the landscaping, it would
still devalue the surrounding property.
Guy Matthews, owner of Tropic Bus Sales, advised he awns 4
lots in the industrial park and is concerned about property values
and future uses of the tower.
John Beckie of 4731 Pebble Bay Circle owns Lot 15 in the
industrial park and would not have moved there if he had known
about the tower. He was concerned about his employees and he has
a daughter of childbearing age. Mr. Beckie read an excerpt from
"Electricity and You" by Ellen Sugarman, who specializes in medical
coverups. Mr. Beckie believed the tower does not need to be in the
middle of the industrial park.
Dan Nelson of 5070 North AlA, owner of 2 lots in the
industrial park, disagreed strongly with the compatibility issue.
He never would have purchased the 2 most expensive lots had he
known about the tower. He was concerned about uses for the tower
5 years from now and what result it would have on public safety.
The majority of businesses in this country do not want to be
NOVEMBER 7, 1995 38
0
located near transmi ; n lines As_a_member of the board at the
industrial park, he contacted a nationwide insurance company
seeking an unbiased opinion on insurance coverage. The insurance
company contacted does not write locally but they did say that if
the tower is there, they would rate the policy with a 15% increase.
Mr. Nelson advised that he has been negotiating since September
with Sears and entered into a letter of intent with them. However,
the project management team from Miami came out and when they were
told there was a tower going in, they called and sent a letter
stating that they would stop all negotiations immediately and not
consider the site with the pending tower. They have also been
informed they may lose a manufacturing tenant as well as other new
projects. Everyone wants and needs emergency communications but
this tower is not compatible.
Attorney Steve Henderson, representing the Association's
interest, advised the owners of the industrial park had voted to
oppose the project as incompatible. Attorney Henderson felt the
jury is still out on the health impact, but he believes the
situation is comparable to the haunted house syndrome. Also, the
tower is constructed so that, should it fall, it would not encroach
on any surrounding property.
Chairman Macht questioned whether the park's -storm water site
is owned by the park, and Director Boling advised there are no
structures on the storm water site.
Attorney Henderson felt the County's ordinance allows the
tower to fall on adjoining lots and felt there should be "no fly"
zone rather than a "no fall" zone. The insurance company considers
the presence of the tower as an insurance risk subject to a
surcharge and there are too many uncertainties as to the health
issues.
Attorney Barkett questioned whether the insurance company had
looked at the tower design, and Attorney Henderson indicated they
had.
Attorney Barkett felt they could not address unsupported
public fears and nebulous concerns but could address construction
concerns. Also, any proposed future use would have to obtain a
building permit as well as contracts and other permits.
The Chairman asked if anyone else wished to be heard in this
matter. There being none, he closed the public hearing.
Commissioner Adams felt there are more compatible locations in
agricultural areas.
NOVEMBER 7, 1995 39 BOOK 9 6 PhCE 552
ma U PIMLE553
Commissioner Eggert did not share the depth of concern over
health issues and commented that the County has worked hard to
encourage business in the area and felt it is wrong to now
discourage businesses wanting to come in.
Chairman Macht commented on the growing controversy over
radiation and stated that he worked close to radiation for all of
the 40 years of his working experience without suffering any ill
effects, outside of the effect on the amount of hair left to him.
He worked with the FAA for 32 years in areas 40 to 50 feet from ham
radios who are permitted by law to transmit 1000 watts. Radio
stations transmit at 5,000 watts, TV stations at 50,000, 100,000,
and 200,000 watts in the presence of their own employees. He felt
there is no clinical evidence to suggest any effects outside of the
norm.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board (by a 4-0 vote,
Commissioner Bird absent) unanimously denied special
exception approval for the requested tower by Bell
South Mobility, Inc.
CHAMBER OF COMMERCE
Commissioner Eggert introduced and welcomed Penny Chandler of
the Chamber of Commerce, who remarked that she is glad to be here
and is looking forward to meeting each of the Commissioners.
Commissioner Bird returned at 11:50 a.m.
ADMINISTRATION BUILDING RENOVATIONS -
ARCHITECTURAL/ENGINEERING SERVICES -
DOW, HOWELL, GILMORE & ASSOCIATES
The Board reviewed a.Memorandumr.of October 31, 1995:
To: Honorable Board of County Commissioners
Thru: James E. Chandler
County Administrator
From: H. T."Sonny" Dean, Directo
Department of General Servicle:::s0l
Date: October 31, 1995
Subj: Administration Building Renovations - Architectural/Engineering Services
BACKGROUND
At the regular meeting on Tuesday, October 17, 1995, the Board authorized staff to proceed with
negotiations M Wcordance with Florida Statutes to faire a firm for architectural/engineering services
NOVEMBER 7, 1995 40
in connection with renovations of the County Administration Building. The negotiations were to
begin with the number one ranked firm on the list submitted as approved by the Board.
Staff has met with the number one ranked firm of Dow, Howell, Gilmore and Associates' personnel
and agreed on an approach to the project that would involve a phased process with applicable fees.
Prior to proceeding with each phase, the scope of work and associated consulting fee will be brought
to the Board for explanation and approval.
ANALYSIS
Phase I of this proposed project will be for Dow, Howell, Gilmore and Associates to
1. Develop accurate drawings of the building and facilities.
2. Develop a program based on a scope of work provided by staff.
3. Develop a schematic design of the proposed project and total estimated cost.
Due to the fact there are no complete mechanical, electrical, plumbing or structural "As Built"
drawings in existence, and the time required to develop these needed documents is unknown, it is
impossible to fix a firm price for the services. Also, since the best design to meet the needs of the
effected departments will have to be developed based on input from staff, it is impossible to fix a
firm price for this service.
Based on all the unknowns associated with this project, staff feels it would be in the County's best
interest for the consultant to provide a not to exceed cost for the three segments of Phase I of the
proposed project. They will also be required to furnish documentation to justify the components
comprising their costs which will allow staff an opportunity to question any part of their bill which
appear to be unreasonable.
By using the phased approach, the County will be able to determine and control what, when, and
how of the project.
RECOMMENDATION
Staff recommends Board approval of a contract with Dow, Howell, Gilmore and Associates for
Phase I of the project which includes a scope of work outlined herein, with a not to exceed price of
$33,000. It is also requested the Board authorized the Chairman to execute said contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the contract with Dow, Howell, Gilmore and
Associations for Phase I of the administration
building renovation project, at a not -to -exceed
price of $33,000, as recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
SOK 964
NOVEMBER 7, 1995 41 55
Bou 96 PAGE555
ADDITIONAL GOLF CART PATHS - CHANGE ORDER #1 -
TIMOTHY ROSE CONTRACTING -
The Board reviewed a Memorandum of November 1, 1995:
DATE: November 1, 1995
TO: Honorable Members of the Board of County Commissioners
SUBJECT: ADDITIONAL GO.�FC PATHS, CHANGE ORDER #1
FROM: Bob Komi° Director of Golf
BACKGROUND
On May 23, 1995 the Board of County Commissioners approved the
allocation of $140,000.00 to construct desperately needed golf cart
paths on both courses of Sandridge Golf Club.
Sandridge Golf Club is currently under contract with Timothy Rose
Contracting, Inc. to construct approximately 8760 lineal feet of
concrete golf cart paths at $15.99 per lineal foot. The total
budget for Phase I is not to exceed $140,000 under this agreement.
Staff has allocated $90,000.00 -in the 1995-96 budget for Phase II
to construct golf cart paths. This will add approximately 5000
lineal footage to the overall project.
When Phase I & II cart path additions are completed, they will
allow golfers tb play under most conditions. In the past, the
courses had to be closed and revenues were lost. One day's
revenues lost during peak winter season is approximately
$16,000.00.
Staff has attached change order #1 from Timothy. Rose Contracting,
Inc. to perform the work specified in Phase II and per attached
change order.
RECOMMENDATION'
Staff recommends that the Board of County Commissioners approve
change order #1 to construct approximately 5000 lineal feet at
$15.99 per lineal as per bid #5082, not to exceed $90,000.00.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order #1 with Timothy Rose Contracting, Inc.,
as recommended by staff.
CHANGE ORDER WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
NOVEMBER 7, 1995 42
WALOREEN'S PROPOSED R/A ACQUgSMON -
17TH STREET & US #1
The Board reviewed a Memorandum of .October.1Q., 1995:
TO: James E. Chandler,
County Administrator
FROM:- James W. Davis, P.E.,
Public Works Directo
SUBJECT: Walgreens Site - Proposed Right -of -Way Acquisition at
17th Street and US 1
REF. LETTER: Steve L. Henderson to James Davis dated 10-5-95, 10/12/95
and 10/13/95
DATE-: October 10, 1995
DESCRIPTION AND CONDITIONS
In February, 1995, a site plan was being processed by the City of
Vero Beach for a Walgreen's Pharmacy Store to be built on the
northwest corner of US1 and 17th Street. As is customary, the City
transmitted a copy of the site.plan to the County since the site
borders a County road, 17th Street to the south, and a state FDOT
road, US 1, to the east. The County staff reviewed the plan to
determine compliance with the County Thoroughfare Plan and impact
on County and state roadways. The Thoroughfare Plan designates
both SR60 and 17th Street as Primary Arterial Routes with 120' of
ultimate right-of-way on US1 and 120' - 150' of ultimate right-of-
way along 17th Street. The City of Vero Beach and County staffs
communicated this information to the developer. The County staff
indicated that the needed right-of-way should be determined, and if:
the developer would not donate the needed additional right-of-way
for future roadway expansion, the County staff would recommend to
the Board of County Commissioners and State DOT that the County
and/or state should purchase the right-of-way at an agreed upon
price. On Feb. 15 and 20, 1995, the County staff letters informed
the developer to meet with the Public Works Director to determine
needed right-of-way and agree upon compensation so a recommendation
could be considered by the Board of County Commissioners. This
action was again verbally communicated in a meeting on Feb. 23,
1995 at City Hall.
In May, 1995, a map was prepared by the developer showing the
ultimate right-of-way along 17th Street and USI and the County
staff was told that the cost would be over $20 per square foot of
close to $1,000,000 per acre.
On May 11, 1995, Jim Davis responded to the developer's Engineer,
Scott McGuire, that after more detailed review, the County staff
felt that the right-of-way needs could be reduced and transmitted
a revised right-of-way map. It appears, at that time, that the
developer would not agree to reducing the right-of-way and staff
received no documentation on the developer's request for
compensation.
NOVEMBER 7, 1995
43
Bou 556
BOOK 96 FA 1E 55 7
After the developer realized that additional right-of-way was
needed by the County (the County's Thoroughfare Plan has been in
-existence since the early 19801s), the developer purchased
additional land to the west at a cost of $8.75/SF. Most of this
additional land is being used for_ parking lot and stormwater
management tract for the Walgreen's improvements. As a matter of
fact, parking spaces are even shown to be .in the land proposed for
17th Street right-of-way prior to the County staff reducing the
right-of-way needs. The developer also relocated the proposed
building and parking areas to reserve right-of-way needs.
On Sept. 20, 1995, staff met with Steve Henderson, Attorney for the
developer, to -explain the history of events, and staff explained to
Mr. Henderson that the developer ceased communicating with staff
between May and September, 1995. Evidently, the developer
purchased the property and proceeded to build prior to resolving
the right-of-way acquisition.
At this time, Mr. Henderson is requesting the County purchase all
of the Thoroughfare Plan Right -of -Way (an additional 20' along US
1 and additional -right-of-way to provide 75' from the centerline of
17th Street). The requested compensation is as follows:
71835 SF @ $20.05 = $ 157,091.75
(4,740 SF is 'USI R/W and _3, 095 SF is 17th St)
2,930 SF @ $8.75 = $ 25,637.50
Demolition of Restaurant
10,765 SF @ $.659 = $ 7,094.00
Closing Costs 10,765 SF @ $.80 = $ 8,612.00
Total Cost $ 198,435.25
ALTERNATIVES AND ANALYSIS
As communicated by County staff to the developer on May 11, 1995,
the right-of-way needs can be reduced as follows:
US 1 18' x 237 = 4,266 SF
17th St 16' x 268.19 x & = 2,146 SF
12 x 134.41 x ; = 806 SF
80, x 9 = 720 SF
Grand_Total - Approximately 7,938 SF
Since the Florida DOT has jurisdiction on US 1 right-of-way and the
County has jurisdiction of 17th Street, the costs for each are
calculated.
The following table lists County's cost and DOT cost for both the
developers requested compensation and the Public Works Department's
suggested compensation:
NOVEMBER 7, 19"5 44
Developer's Requested
Compensation
$20.05/sf for Howard Johnson
site and Ranch Restaurant site
$8.75/sf for west 140.28 ft
Prince site
$.659/sf for Demolition
$.80/sf for Closing Costs
Reduced Richt-of-Wav
DOT Share (4266 SF) $ 91,757
County Share (1659 SF +
2013 SF) $ 60,235
Full Richt-of-Way
DOT Share (4740 SF) $101,953
County Share (3095 SF +
2930 SF) $ 96,483
Public Works Department
Sucgested Compensation
$8.75/sf for all Right -
of -Way
$.80/sf Closing Cost
$ 40,741
$ 35,-068
$ 45,267
$ 57,539
In the past, County staff has requested DOT to, consider advance
purchase of right-of-way along US 1, but a program has not yet been
put into place.
Staff recommends that the County offer to purchase the reduced
right=of-way area along 17th Street for a value of $35,068
($8.75/sf plus $0.80/sf closing costs) at this time. The County
will request the DOT to advance purchase the US 1 right-of-way as
soon as possible at an agreed upon price between the developer and
the DOT.
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Adams, the Board unanimously approved
the purchase of the reduced right-of-way area along
17th Street in the amount of $35,068.
Commissioner Tippin left the Chambers on personal business at
11:45 a.m.
CLERK'S NOTE: THIS ITEM WAS RECONSIDERED LATER IN
TIRE MEETING.
NOVEMBER 7, 1995 45
r .
BOOK 96 pnF 559 7
DRAINAGE PROBLEM - SOUTH OLD DDUE HIGHWAY
NEAR SOU'T'H COUNTY LINE - SURFSIDE GLASS
The Board reviewed a Memorandum of October 30, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Drainage Problem Along South Old Dixie Highway Near South County Line -
Surfside Glass
DATE: October 30, 1995
DESCRIPTION AND CONDITIONS
Between Highland Drive (20th Place SW) and the South County line, there has
recently developed a drainage problem whereby a high ground water table is
resulting in the recurring flooding of South Old Dixie Highway.
The ground water movement east of the one mile Atlantic Coastal Ridge in this
area Bows towards the east to the Indian River. When the FEC Railroad and Vero
Shores Subdivision were constructed, a drainage outfall ditch was not provided
to intercept the drainage west of the Railroad and route it to the River.
Staff has researched aerial photography of the area dated back to 1981. A man-
made wetland locatedlust west of Surfside Glass was purchased by the County
Utilities Dept. in the late 1980's which was shown to be dry in 1981. This
approximate 10 acre wetland is due west of the Old Dixie flooding problem. Along
this wetland site, staff has constructed a berm and swale west of Old Dixie
Highway to deter and store surface water migration towards the east, but this has
not been successful. Groundwater movement continues across Old Dixie. Even
pumping the water back into the wetland area has not been successful.
South of Surfside Glass is another private business, Modern Cabinetry, Inc. The
owner, Yvon Bouyssou, owns two narrow parcels between Old Dixie and the FEC
Railroad. The parcels have 40 to 30' depth and approximately 730' frontage on
Old Dixie Highway. They both total approximately 0.58 acres.
Mr. Bouyssou purchased the narrow parcels in 1987 for approximately $2,000.
Since they have such shallow depth, it does not appear that they can be utilized
for a viable building site. He is willing to sell them to the County for the
construction of a stormwater retention area, which will help to solve the drainage
problem of both himself and Surfside Glass.
ALTERNATIVES AND ANALYSIS
Staff has considered the following alternatives:
Alternative No. 1
Offer to purchase the 730'x 35"± parcels from Mr. Bouyssou and
construct a stormwater retention system in this area. This should
help the drainage in the area. Mr. Bouyssou has indicated that he
will sell the parcels for $15,000, which is over seven times w
paid for them in 1987. Staff su ests offering hat he
parcels. Clearingand add g $5,000 for the two
g cost $15,000. A contract to
Purchase will be scheduled for future Board action, if Mr. Bouyssou
agrees to sell.
NOVEMBER 7, 1995
46
Alternative No. 2
Construct a drainage pipe beneath the FEC Railroad in this area..
The cost is estimated to be $50,000 for just the pipe berteat-h- the
railroad. Furthermore; a drainage ditch/retention area would be
needed between US 1 and the FEC Railroad, thence construction of
a 1,000' drainage pipe to the Vero Shores Canal System. Due to
boring and jacking under US 1, securing land and easements along
US 1 and Vero Shores Subdivision, and connecting an outfall pipe to
Vero Shores seawalls, the cost is estimated as follows:
1 acre for retention area $120,000
Piping 1000'@ $100/ft $ 100,000
Seawall Connection $ 50,000
Engineering/Permitting $ 40,000
Construction of Pond $ 50,000
FEC Railroad Piping 50,000
$ 410,000
10% Contingency 41,000
Estimated Cost $ 451,000
Alternative No. 3
Since the County owned wetland west of Old Dixie is* heavily
overgrown with Brazilian Pepper and exotics, it is difficult to inspect
the area for abandoned flow wells that may be free flowing. A clearing
and enhancement program is being planned by the Solid Waste
Disposal District for this area. Clearing, permitting, and
enhancement will be funded by the District. Improvements may
increase storage capacity. Once cleared, staff will search for
abandoned flow wells.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 and No. 3 as being the most cost effective. In
the Local Option Sales Tax Program, $1,100,000 has been budgeted in FY98/99
for the stormwater improvements. If these funds could be appropriated from
another fund and reimbursed by the Local Option Sales Tax Program in FY98/99,
the engineering could begin this Fiscal Year.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board (by a 4-0 vote,
Commissioner Tippin being temporarily absent)
unanimously approved negotiations pursuant to
Alternative #1 and directed staff to pursue
Alternative #3, as set forth in staff's memorandum.
PROPOSED BOSTON MARKET RESTAURANT R/W DEDICATION
ALONG US#1 SOUTH OF 18TH STREET — CITY OF VERO BEACH
The Board reviewed a Memorandum of October 25, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
DATE: October 25, 1995
Public Works Director
SUBJECT: Proposed Boston Market Restaurant Right -of -Way Dedication Along US 1
South of 18th Street in the City of Vero Beach
REF. LEITER Scott B. McGuire to Jim Davis dated Oct. 20, 1995
NOVEMBER 7, 1995 47 boa 96 e E 560
r
BOOK 96 mjE561
I �.. k - • • M • 1 = � �
A Boston Market Restaurant is being considered for development in the City of
Vero Beach along US 1 south of 18th Street. The County's Thoroughfare Plan
designates US 1 a primary arterial road with an ultimate right-of-way width of
120'. Since the existing right-of-way is 80' wide along Boston Market's frontage,
an additional 20' of right-of-way is being requested.
Boston Market's agent, Scott McGuire is offering to deed the additional 20' of
right-of-way to the County along this 138 L.F. section of State Road if a Traffic
Impact Fee credit of $16,639.50 is granted by the County. The value of the right-
of-way is stated to be $10/SF based upon the recent purchase by Boston Market.
No further compensation is requested. The cost per square foot based on the
Traffic Impact fee credit would be $6.03/SF.
The following alternatives are presented:
Alternataive No 1
Approve a Traffic Impact Fee Credit for Boston Market In the amount
of $16,639.50 and take title to the 2,760 SF right-of-way parcel for
future DOT widening of US 1.
Alternative No 2
Request the DOT to fund the acquisition under the State's Advanced
Right-of-way Acquisition Program. In speaking with Joe Yesbeck.
Director of Planning and Programs for FDOT, District 4, on Oct. 25,
1995, the State may be willing to participate, If funding allocation can
be justified.
Alternative No 3
Deny the light -Of -Way acquisition and allow the site to be developed
contrary to the County's Thoroughfare Plan _ right-of-way
Requirements.
At this time, the State is considering Advanced Right-of-way Acquisition, however,
it will take time to resolve funding. Alternative No. 1 is recommended with
possible State reimbursement to the County.
ON MOTION
Commissioner
Commissioner
by Commissioner Eggert, SECONDED by
Adams, the Board (by a 4-0 vote,
Tippin being temporarily absent)
unanimously approved purchase of the 2,760 right-of-
way parcel for future DOT widening of US#1 with a
Traffic Impact Fee Credit for Boston Market in the
amount of $16,639.50, as recommended by staff.
NOVEMBER 7, 1995
48
HATFIELD DEVELOPMENT COMPANY, INC. -
DEVELOPER'S AGREEMENT -
INDIAN RIVER SQUARE TARGET STORE
The Board reviewed a Memorandum of October 25, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., DATE: October 25, 1995
Public Works Directo
SUBJECT: 1) Developer's Agreement to Construct Two Westbound Right -Turn Lanes
and Related Improvements Along SR60 West of 58th Avenue and;
2) Installation of a Traffic Signal at the northern Entrance on 58th Avenue
- Indian River Square
DESCRIPTION AND CONDITIONS
Hatfield Development Company, Inc will be developing a Target Retail Store in the
Indian River Square Shopping Center located north of SR60 west of 58th Avenue.
The Developer has agreed to construct two westbound right turn lanes and other
related improvements along SR60. The Developer will fund 100% of the cost of the
two right turn lanes and other related improvements.
Also, the Developer has agreed to install a traffic signal at the project's northern
driveway on 58th Avenue in accordance with the specifications of the Department
of Public Works, The Developer will fund 100% of the cost of said signal, if and
when the County staff determines that one is needed and should be installed.
Two agrreements are proposed.
ALTERNATIVES AND ANALYSIS
The following alternatives are as follows:
Alternative No. 1
Approve the Developers Agreements and authorize the Chairman's
signature. No funding will be required by the County.
Alternative No. 2
Not approve the agreements.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. The Project will be .funded 100% by the
Developer.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board (by a 4-0 vote,
Commissioner Tippin being temporarily absent)
unanimously approved the Developer's Agreements with
Hatfield Development Company, Inc., as recommended
by staff.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 49 Boa 96 PAF 562
BOOK 96 PA -1,)E563
SMITH ENVIRONMENTAL SERVICES -
CR -512 SCRUB TAY MITIGATION
The Board reviewed a Memorandum of October 24, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director J'
1
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: Environmental Services 512
Scrub Jay Mitigation
DATE: October 24, 1995
DESCRIPTION AND CONDITIONS
Background
Indian River County staff and the US Fish and Wildlife Service have reached
a tentative agreement for the use of the "Wabasso Scrub" Property, (which -
the -county closed on October 2, 1995), as mitigation for the incidental take
of scrub habitat in Sebastian for the CR 512 project. In order to get credit
for this mitigation, the County must develop an acceptable habitat
management plan beyond the existing overall management plan for the
Wabasso Scrub Property. The County has selected a consultant, who has
worked with the US Fish and Wildlife Service before, to develop this plan.
The attached documents are the Scope of Services and the Agreement itself
for the services to be provided by the consultant, Smith Environmental
Services. The fee for these services is $4,950. The County Attorney has
reviewed these documents and has approved the current documents before
the Board. This professional services agreement is for an amount less than
that requiring the procedures of the Competitive Negotiating Act.
ALTERNATIVES AND ANALYSIS
Alternative No. 1
Approve the Consultant Services Contract and direct the Chairman to
execute the agreement on behalf of the Board of County Commissioners.
Alternative No. 2
Do not approve a Consultant Services for a management plan for Wabasso-
Scrub Property and acquire more property to mitigate the incidental take of
the scrub habitat.
NOVEMBER 7, 1995
50
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 as this would be the least costly and provide
the greatest cost benefit.
Chairman Macht expressed his reservations about the project,
and County Engineer Roger Cain explained that staff had requested
a list of consultants. This procedure is necessary to avoid
further delays and requirements.
Commissioner Adams felt that we should move along with the
project but that protests should be filed.
Commissioner Eggert agreed and suggested filing a complaint
with the Legislature.
Chairman Macht directed staff to bring to the Board copies of
the prior studies for examination.
Roland DeBlois, Chief of Environmental Enforcement, advised
that the required study is specific in order to facilitate the
permit process. Both of the management plans have been approved
and this is an opportunity to restore some habitat and create some
new habitat.
Chairman Macht inquired whether this will provide a system to
supply some mitigation property within the scrub jay property the
County now owns, and Mr. DeBlois advised that the original plan
would not have expanded the area.
Commissioner Tippin returned to Chambers at 11:55 a.m.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Consultant Services Contract with Smith
Environmental Services, as recommended by staff., and
directed staff to supply the Board with copies of
the prior management studies previously obtained in
order that a complaint can be filed with the
Legislature.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 51 BOOK 96,, 564
BOOK 96 PAGE 595
FEC LEASE AGREEMENT - SEBASTIAN WATER CONNECTIONS
DATE:
The Board reviewed a Memorandum of October 23, 1995:
October 23, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTILITY VICES
PREPARED WILLIAM F MC IN
AND STAFFED CAPITAL P E S INEER
BY: DEPAR LITY SERVICES
SUBJECT: FLORJffEAST COAST RAILWAY (F.E.C.) LEASE
AGRBEFIENT, SEBASTIAN WATER CONNECTIONS, IRC. PROJECT
NO. UW -95 -13 -DS
BACKGROUND AND ANALYSIS
On August 8, 1995, the Indian River County Board of County
Commissioners approved the above -referenced project. (See
attachment) The water main unavoidably must cross the railway,
which crosses Stratton Avenue. In order to receive a crossing
easement, the lease agreement between Indian River County and
F:E.C. for said easement must be executed and returned to F.E.C.
for their execution. Indian River County will then receive a
-fully.-executed agreement.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners execute the attached agreements with
F.E.C. so that the project may continue.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the License Agreement with Florida East Coast
Railway Company for a subgrade crossing of the
Railway's 100 foot right-of-way at Stratton Avenue,
Sebastian, Florida, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
NOVEMBER 7, 1995 52
OSLO PARK WATER MAIN EXTENSION -
PHASE IV CONTRACT I - TRI -SURE CORPORATION
The Board reviewed a Memorandum of October 23, 1995:
DATE: OCTOBER 23, 1995
TO: JAMES E. CHANDLER
COUNTY -ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL TY SERVIC
PREPARED ROBERT 0. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINE
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PHASE IV CONTRACT I (OSLO PARK)
WATER MAIN EXPANSION
INDIAN RIVER COUNTY PROJECT N0. UW -93 -32 -DS
BACKGROUND
On May 18, 1995, the Board of County Commissioners approved and granted the
Project Phase IV, Contract I, to Tri -Sure Corporation, Auburndale, Florida.
The ._project construction is complete and cleared for use by the Florida
Department of Environmental Protection. The contractor has submitted Change
Order No. 1 and the final pay request.
ANALYSIS
The original amount for Contract I, was $543,082.80. Change Order No. 1
consists. of field adjustments made from the originally estimated quantities.
(See attachments). The total adjustment results in a $14,487.70 reduction to
a current contract amount of $528,595.10. The previous total payments made
to the contractor to date are $451,484.19, leaving a balance of $77,110.91,
including retainage. The contractor. has submitted a final payment request in
the amount of $77,110.91.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval by the
Board of County Commissioners for Change Order No. 1, in the amount of
$14,487.70, changing the contract amount to $528,595.10 and approval of the
final payment in the amount of $77,110.91 to Tri -Sure, Inc., for services
rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order #1 with Tri -Sure Corporation in the
amount of $14,487.70, changing the contract amount
to $528,595.10, and approved final payment of
$77,110.91, as recommended by staff.
NOVEMBER 7, 1995 53 sooK 96 r'� F 566
L-
BOOK 96' FAGE 567
CENTRAL REGION EFFLUENT DISPOSAL PRO TECT -
DESIGN FEE ADJUSTMENT - PROFESSIONAL
ENGINEERING CONSULTANTS, INC.
The Board reviewed a Memorandum of October 23, 1995:
DATE: OCTOBER 23, 1995
TO: JAMES E. CHANDLER
COUNTY -ADMINISTRATOR
FROM: TERRANCE G. PINIPr4o�
DIRECTOR OF UTILITY SERVICNS
PREPARED ROBERT O. WISEMEN, P.E/
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: CENTRAL REGION EFFLUENT DISPOSAL PROJECT
DESIGN FEE ADJUSTMENT
INDIAN RIVER COUNTY PROJECT NO. US -90 -23 -ED
BACKGROUND
On June 4, 1991, the Board of County Commissioners approved an agreement with
Professional Engineering Consultants, Inc., (P.E.C.) for design, permit,
construction administration and inspection of the subject project. The
compensation fee was based on Farmers Home Administration (FmHA) percentage
of the total of the construction contracts. (See attached agenda item and
agreement). The consultant has requested an adjustment for their
compensation based on the final construction cost as per the agreement.
ANALYSIS
The County recently received clearance from Florida Department of
Environmental Protection to use the facility. Therefore the project is
subject to be closed. The consultant (P.E.C.) submitted a request for an
adjustment to compensate payment in the amount of $32,316.94. The request
for payment consists of $24,725.38 design fee adjustment (5.71% FmHA
percentage) and $7,591.56 resident inspection services fee adjustment (1.855%
FmHA percentage) based on the final construction cost of $1,724,612.64, as
set forth in the contract. '(See attachment.)
RECOMMENDATION
The staff of the Department of Utility Services recommends the approval of
the adjustment and request the Board of County Commissioners to authorize the
payment in the amount of $32,316.94 for services rendered by the Professional
Engineering Consultants, Inc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
payment of $32,316.94 to Professional Engineering
Consultants,
recommendation.
NOVEMBER 7, 1995
Inc., as set out
54
in staff's
WASTEWATER. FACILITIES -- COMPREHENSIVE CONTRACT
OPERATIONS & MAINTENANCE SERVICES -
HYDROLOGIC FLORIDA, INC.
The Board reviewed a Memorandum of October 23, 1995:
DATE: OCTOBER 23, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
FROM: TERRANCE G. PI
DIRECTOR OF UTILI SERVICES
PREPARED HARRY E.
AND STAFFED ASSIST RE OR OF UTILITY SERVICES
BY:
SUBJECT: VENDOR SELECTION
RFP FOR COMPREHEDTSIVE CONTRACT OPERATIONS AND
PULINTENANCE SERVICES FOR WASTEWATER FACILITIES
RFP NO. 6017
BACKGROUND
On September 27, 1995, the Department of Utility Services received
responses to the Request for Proposals No. .6017 to provide
comprehensive contract operations and maintenance services for
wastewater facilities.
ANALYSIS
The selection committee reviewed the proposals, verified the
references submitted by the three firms, and the firms were ranked
as follows:
1. Hydrologic Florida, Inc.
2. Southern States Utilities
3. Avatar Utility Services
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 Hydrologic Florida, 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:
Director of Utility Services Terry Pinto advised the Board
that this is moving in the direction of privatized contract
operations.
Commissioner Adams was confused about why the wastewater
treatment operations and facilities were being terminated for
private operation and inquired why these were chosen over others.
NOVEMBER 7, 1995 55 BooK 96 568
BOOK 96 PACE 562
Director Pinto explained that these are satellite plants and
next will be the north county and sludge treatment facilities. It
will take 3 years to phase out the County's operation which is
being done at the direction of the Board. We are initially
starting with the easy ones that we can monitor. Director Pinto
wanted to be clear that this action is no reflection on the County
employees who are doing a very good job.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to negotiate with Hydrologic Florida, Inc.,
and to proceed with negotiations with the
subsequently -ranked firms should the original
negotiations fail.
WETLAND PROTECT - WEST REGIONAL WASTEWATER
TREATMENT PLANT - CHANGE ORDER #2 -
COASTAL CONSTRUCTION OF BREVARD, INC.
The Board reviewed a Memorandum of November 1, 1995:
DATE: November 1, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI SERVIC S
PREPARED ROBERT O. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY VICES
SUBJECT: WETLAND PROJECT AT WEST REGIONAL WASTEWATER
TREATMENT PLANT, CHANGE ORDER NO. 2
INDIAN RIVER COUNTY PROJECT NO. US -93 -05 -ED
BACKGROUND AND ANALYSIS
On July 17, 1995, the Board of County Commissioners approved Change
Order No. 1 for the above -referenced project. We are before the
Board of County Commissioners with Change Order No. 2 due to the
following changes in the construction of the project:
A. Florida Power & Light has requested that their power
poles be relocated due to difficulties that will arise
while maintaining the poles. The poles are presently
located within the Wetland project. The Utilities
Department agrees and believes that relocating the poles
will protect the Wetland and the berms from any damage
that may be caused by FP&L maintenance equipment. The
cost of the relocation of these poles is $23,399 and will
-be paid by the County.
NOVEMBER 7, 1995 56
B. in order to protect the berms and to create, safer access
to, the Wetland, it is necessary to extend the walkway by
approximately 600 L.F. and construct an observation
platform. Both the walkway and the platform ..will be used
for County maintenance personnel and limited public
access to the site and observation area for various
activities by the Environmental Learning Center. The
cost for this is $35,161.
C. In an effort to balance out the type of vegetation in the
cells it is necessary to add 50 additional Cypress trees
at a cost of $13.00 per tree, for a total cost of
$650.00.
D. To prevent erosion in the Deep Pond, it is necessary to
construct a fabriform embankment at a cost of $3,980.00.
E. To reduce the costs involved with this project, the Staff
is recommending a reduction of $101,283 of fencing cost
and to contract directly with the fence contractor for an
amount of $87,077.50. This price represents 7,350 L.F.
of fence and two (2 ) twenty foot gates. The price is
based on $11.65/foot of fence and $725 per gate. The
total will be adjusted based on as -built conditions.
This represents a savings of approximately $14,205.50.
E. The Department is also recommending to allow the
contractor to perform the necessary work to create- the
Wetland mitigation construction of approximately 7.5
acres in South County on Old Dixie Highway. This cost is
estimated to be $56,070 and will be paid by the Solid
Waste Disposal District. It should be noted that the
Public Works Department will be proposing some drainage
improvements for this project area to resolve the current
flooding problem across Old Dixie Highway.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Change Order No. 2 and fence
purchase as follows:
1. Relocation of Power Poles -
$ 23,399.00
2. Construction of Walkway/Platform-
$ 35,161.00
3. Reduction in cost of Fence -
<$101,283.00>
4. Actual Fence Purchase -
$ 87,077.50
5. Pipe Discharge Stabilization -
$ 3,980.00
6. Additional Cypress Trees -
$ 650.00
7. Wetland Mitigation Cost to be
Reimbursed from SWDD -
$ 56,070.00
Total to Florida Power & Light
$ 23,399.00
Total to Wetlands Contractor
$ 95,861.00
Less Reduction in Cost of Fence
<$101.283.00>
Net Cost to Contractor
$ (5,422.00)
Total Cost for Fence
$87,077.50
-Total Cost to SWDD
$56,070.00
It should .also be noted that the Indian River Farms Water Control
District is recommending some
construction
drainage canals on the North and South sides
in relation to
of the
their
project.
cost of this improvement has not been established yet.
attachments)
The
(See
NOVEMBER 7, 199557
BOOK 96
Pn�E 570
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order #2 with Coastal Construction of
Brevard, Inc. and the Facilities Relocation
Agreement with Florida Power & Light, as recommended
by staff.
96 PA 1571
WITH COASTAL CONSTRUCTION and MARTIN FENCE CO. and
AGREEMENT /IS ON FILE IN THE OFFICE OF THE FLORIDA POWER
CLERK TO THE BOARD
SOLID WASTE DISPOSAL DISTRICT - FIRST MEETING
The Board adjourned at 12:14 p.m. to sit as the District Board
of Commissioners of the Solid Waste Disposal District. Those
Minutes are being prepared separately.
CLERK'S NOTE: THE SOLID WASTE DISPOSAL DISTRICT
RECONVENED LATER IN THIS MEETING.
BOARD OF COUNTY CONMUSSIONERS
The Board reconvened as the Board of County Commissioners at
12:23 p.m. to consider the remaining agenda items.
TREASURE COAST REGIONAL PLANNING COUNCIL -
ANNUAL APPOINTMENT OF COUNCIL MEMBERS
The Board reviewed a letter of October 10, 1995:
Uctooer lu, lyyJ
The Honorable Kenneth R. Macht,
Indian River County
Board of Commissioners
1840 25th Street, Suite N-158
Vero Beach, FL 32960
Subject: Annuai Appointment of Council Members
Dear Chairman Macht:
,60flie.G lVfFTTE/?S
DISTRI13 , TION Ll
Commissioners _K M
.Administrator
Attorney
Personnel
Public Worsts
-Communiti Bev.
Utilities
Finance
Oma
-Ernerg. Serv.
Risk Mgt.
cher
In accordance with Council's Rules of Organization, the December meeting is designated
as the Annual Meeting, at which time the appointment of all members and alternates is to
occur. It is therefore requested that the Board of County Commissioners take the
NOVEMBER 7, 1995
58
necessary action to appoint members and alternates for the upcoming year. In the case of
Indian River County, three members and three alternates need to be appointed (two
county, one municipal). It should be noted that all alternates must be elected officials.
Additionally, the bylaws do not specifically indicate that municipal appointments must be
either appointed or approved by the County. Each county is assigned the number of
appointments and the method for making the appointments is left to the discretion and
cooperation of the local governments in the area.
It would be appreciated if the County would notify the Council of the appointments,
including mailing addresses and telephone numbers, as soon as possible, so that the
agenda packet for the December meeting can be provided in a timely fashion.
Sincerely,
N iichael J. Bus a, AICP
Acting Executive Director
MJB:sk
cc: Mayor Robert C. Baker, City of Fellsmere
Mayor Charles Wurmstedt, Town of Indian River Shores
Mayor W. Lynn Velde, Town of Orchid
Mayor Arthur Firtion, City of Sebastian
Mayor Warren Winchester, City of Vero Beach
3228 s w martin dowry bk%L
wits 205 • PA. box 9829
Palm e8y, fiorldo 34990
phone (407) 229.4060
se 269-4060 fax (407) 229-4067
CONSENSUS was reached that John Tippin and Fran Adams will
continue to serve as members of the Treasure Coast Regional
Planning Council, with Richard Bird and Carolyn Eggert serving as
alternate members.
Commissioner Eggert left the Chambers on personal business at
12:18 p.m.
COUNTY ADMINISTRATOR - SALARY REVIEW
The Board reviewed the following:
Suggested terms for BCC consideration of County Administrator pay
If automatic
1. The County Administrator's salary shall be adjusted by the
general increase percentage given by the Board of County
Commissioners to non-union represented employees, and on the
same effective date.
If not automatic
2. The County Administrator's salary shall be subject to the Pay
Progression System in the Administrative Policy, with each
wage change submitted for Board of County Commissioners
consideration.
3. In September of each year the Board of County Commissioners
shall evaluate the performance of the County Administrator and
consider an annual pay increase which, if approved, becomes
effective on the first pay period of the new fiscal year.
NOVEMBER 7, 1995
59
Boos 96 pm, 572
BOOK 96 PA€ 5 13
NOTE;
1. Provides the same as currently in place for the County
Attorney. Eligible for a general wage increase only.
2. Provides for a general wage increase plus a pay progression
increase
3. Only commits the Board of County Commissioners to evaluate the
performance of the County Administrator and consider an
increase. Agrees with the initial contract when the County
Administrator was hired.
CONSENSUS was reached that the Commissioners would examine the
proposal and the item would be discussed at the next regular
meeting.
WINDSOR GOLF TOURNAMENT
Budget Director Joe Baird advised that the $4,000 allocated
for air show was now available as the air show had been cancelled.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board (by a 4-0 vote,
Commissioner Eggert having left the meeting)
unanimously approved an advance to the Windsor Golf
Tournament in the amount of $4,000 which had
previously been allocated for an air show.
SOLID WASTE DISPOSAL DISTRICT - SECOND MEETING
The Chairman announced that the Board would reconvene a second
time today as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
ENVIRONMENTAL CONTROL BOARD
The Chairman announced that, immediately upon adjournment of
the Solid Waste Disposal District Meeting, the Board would
reconvene as the Board of Commissioners of the Environmentai
Control Board. Those Minutes are being prepared separately.
WALGREEN'S PROPOSED RIGHT-OF-WAY ACQUISITION
RECONSIDERATION BY BOARD
Reconsideration began at 12:23 p.m. with the same members
except for Commissioner Carolyn K. Eggert who had left the meeting
at 12:23 p.m.
NO =ER 7, 1995 � -
r
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board (by a 4-0 vote,
Commissioner Eggert being absent) unanimously agreed
to reconsider Item 11-G-1, Walgreen's Site -
Proposed Right -of -Way Acquisition.
Commissioner Bird questioned whether it would be possible,
either through a more finite thoroughfare plan so everyone can
understand how much right of way will be required to avoid future
confrontations, and Public Works Director Jim Davis responded that
it was his belief that in this instance the property owner put the
transaction together without consulting the thoroughfare plan.
Many property owners donate land for rights-of-way; however, this
situation has been a most difficult one to solve.
Attorney Steve Henderson, representing 17th Street Joint
Venture, the owner of the site, explained that this particular site
plan had been dictated by Walgreen. When the developer started the
site plan, they discovered the right-of-way needs by letter dated
2/17/95 which made it clear the County required additional right-
of-way. At a meeting on 2/23/95, the County advised 60 feet was
needed on 17th street and 20 feet on US 11. Due to parking
requirements there was no way to accommodate the shift, of the
building which caused a major change. This is a unique corner in
Vero Beach and the developer is looking for a deal from the County.
Brian West, developer, felt that he was not made aware of the
County's right-of-way requirements until the meeting of February
23, 1995, when he was told the site plan would not be approved
unless the future right-of-way could be worked out. There were
approximately 10 people at that meeting. The City reduced their
requirement from 75 feet to 60 feet and he tried to negotiate an
additional 20 feet from the rear of the property. However, the
owner refused to sell a portion of the property and we were forced
to buy the entire piece for over $300,000. Mr. West emphasized _
that he is not asking for reimbursement of the $300,000 but their
costs were $23 a square foot which they feel is a fair market
value. The property will pay $100,000 per year in property and
sales taxes to the County.
Director Davis felt that the initial site plan did not
consider the thoroughfare plan which has been in existence since
1985. The County did not force anyone to make a decision here;
this was a business decision to purchase land at so many dollars
per square foot to build the Walgreen project and the developer
should have been aware that the site was too tight to work with.
It was probably a better business decision to add the additional
property to the site which allowed the rights-of-way to be
Bou 96 Pa�,;,F574
NOVEMBER 79 1995 61
r
SOOK 96 PAS€ 575
considered. The County did not receive a survey showing the
rights-of-way until May 5, 1995, and we responded very quickly with
a reduced requirement. County staff could not have committed to
purchasing any right-of-way at the February 23, 1995, meeting as
staff does not have the authority to spend $220,000 without the
approval of the Board.
Commissioner Bird questioned the potential for a reimbursement
from the State for the US #1 right-of-way which is the major
portion of the -property, and Director Davis responded that there is
no guarantee that the FDOT will participate in a reimbursement.
The developer tore down a restaurant and a hotel and made a
business decision in this project. The developer was given a
credit toward impact fees for the properties torn down.
Commissioner Bird wondered if any appraisal had been done, and
Director Davis responded that it had not.
Director Davis believed that the County is now faced with
making a decision "after the fact".
Commissioner Bird felt that an appraisal should be obtained to
assist the Board in making a decision.
County Attorney Vitunac suggested that the Board could make a
settlement offer, and Attorney Henderson, Mr. West and Mr. McGuire
left the room to discuss the matter.
Attorney Henderson, Mr. West and Mr. McGuire returned to
Chambers and Attorney Henderson advised the Board that the
developer would be willing to accept $13 per square foot for 60
feet on 17th Street and 20 feet on US #1.
Director Davis confirmed that 139,945 square feet was the
correct amount.
Commissioner Bird wanted to be sure that staff would attempt
to obtain reimbursement from the FDOT for the right-of-way on US
#1, and Director Davis agreed that staff would follow up on this.
Chairman Macht questioned an assertion by the developer that
the additional land purchase was made because of a directive by
County staff to acquire some right-of-way which was subsequently
not needed.
Director Davis advised that the backup material includes a
letter from City of Vero Beach Planning Director Dennis Ragsdale
written on October 6, 1995, referencing the meeting of February. 23,
1995. Mr. Ragsdale indicated a reduced right-of-way might be
possible and suggested a meeting to discuss the matter.
Chairman Macht felt that supported staff's original contention
of notification to the developer.
Commissioner Adams commented that business and government
operate in very different modes. While business is very quick to
make decisions, government has to proceed carefully and study every
NOVEMBER 7, 1995 � �
aspect of the transaction. Sometimes in that process what was said
may not be entirely understood but it does not serve` any purpose to
go back and forth for blame.
Commissioner Bird felt that $13 a square foot is a fair price.
Commissioner Tippin did not feel comfortable with the decision
but would support it.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board (by a 3-1 vote,
Chairman Macht dissenting and Commissioner Eggert
being absent) approved the purchase of 10,765 square
feet of right-of-way at $13.00 per square foot, for
a total purchase price of $139,945.
DOCUMENTS TO BE MADE PART OF THE RECORD
Deed of Gift dated October 27, 1995, to Indian River County
from Vero Beach Dodgers, Inc. to sports lighting equipment
including timber poles, light fixtures, and miscellaneous
appurtenances was approved and made a part of the record. COPY OF
DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - FILED
UNDER 11/07/95
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 1:16 p.m.
ATTEST:
J. ton, Clerk11,19
enneth Macht, Chairman
I/
Minutes Approved:
NOVEMBER 7, 1995 63