HomeMy WebLinkAbout1/2/1996MINUTESWnTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, JANUARY 2,1996
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman (District 3) James E. Chandler, County Administrator
Fran B. Adams, Vice Chairman (District 1)
Richard N. Bird (District 5) Charles P. Vitunac, County Attorney
Carolyn K. Eggert- (District 2)
John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board
9:00 a.m. 1.
2. A. INVOCATION None
B. PLEDGE OF ATIEGIANCE - Comm. Kenneth R.
MAMMA u : 1 alai ►Y ,K NI►I ; u , y;y
- Y r i► I rn I;u:►
WIIIIIII Dill RIM Y fliall aw lei Wall: I;uRM
: 11 Y 1� � • : �I1:1 ul ; �y Y u.
NONE
• ':1 u Y 1�5
Presentation of Proclamation to Paul R. Jacobi for Service
to I.R.C. Building Code Board of Adjustments & Appeals
ul la o
Regular Meeting of November 28, 1995
1
016
//
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBT JC HE ARINGS
1. Arno Mayer Request to Rezone
Approximately 9.7 Acres From CH to IL
(memorandum dated December 18, 1995) 56-65
7. CONSENT
AGENDA
PA = "
A.
Received & Placed on File in Office of Clerk
to the Board: Fla. Inland Navigation District
Amended District Meeting Schedule for FY95-96
B.
Annual Signatories Resolution for New Board of
County Commission Officers
2-4
C.
Resignation of Samuel A. Culbertson from Board
of Zoning Adjustment
(letter dated December 12, 1995)
5
D.
Lease Agreement Between IRC and City of Vero
Beach re: Site to be Used for 800 MHz Tower
(letter dated December 21, 1995)
6-17
E.
Award Bid #6033 / Miraflores Water Assessment
(memorandum dated December 18, 1995)
18-28
F.
Supplement #2 - Miami Elevator Maint. Contract
-
(memorandum dated December 21, 1995)
29-30
G.
ESSX Telephone Service
(memorandum dated December 14, 1995)
31-38
H.
Award Bid #6034 / Vero Glen Water Assessment
(memorandum dated December 18, 1995)
39-49
_ I.
Request for Floodplain Cut and Fill Balance Waiver
for Riverpoint Subdivision
(memorandum dated December 14, 1995)
50-52
J.
Copeland Landing West PRD - Second Extension
Of Contract for Required Improvements and Land
Development Permit
(memorandum dated December 19, 1995)
53-55
8. CONSTI
MONAi OFFICERS and
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBT JC HE ARINGS
1. Arno Mayer Request to Rezone
Approximately 9.7 Acres From CH to IL
(memorandum dated December 18, 1995) 56-65
L 9� °og .�
9. PUBLIC
ITEMS
(con t'd.l
PAGE
A.
PUBLIC
HEARINGS (con_ t
2.
AN ORDINANCE OF INDIAN RIVER
COUNTY FLORIDA, AMENDING
CHAPTER 302 ANIMAL CONTROL
AND KENNEL REGULATIONS OF
THE INDIAN RIVER COUNTY CODE
TO REFLECT CHAPTER 94-339 LAWS
OF FLORIDA
66-81
B.
PTJBTJC
DISCUSSION ITEMS
None
10. COUNTY
ADMIMSTRATOR'S
MATTERS
None
11. DEPARTMENTAL
MATTERS
A.
Community
Development
None
B.
Emergency
Services
None
C.
General
Services
Award Bid #6031 / 26th Street Water Main
(memorandum dated December 13, 1995)
82-86
D.
Leis vre
Services
None
E.
Office
of Management and Budaeet
None
F.
Personnel
None
G.
Pn61ic
Works
None
H.
Thi itiea
1.
Ixora Park Warehouse Addition, Bid #5052
Final Pay Request
(memorandum dated December 13, 1995)
87-94
2.
Whispering Palms S/D Water Line Replace-
ment Project
(memorandum dated December 13, 1995)
95-100
L 9� °og .�
11. DEPARTMENTAL MATTERS (on 'd )•
H. tilities (on 'd 1-
3. Vero Highlands Water Assessment
Project, Part 2 Change Order No. 1
and Final Pay Request
(memorandum dated December 15, 1995)
1 �►Y r W 1 ; .I
None
K117110 d (1 10 DI t -UN DIJ,
Cross -Walk - New Courthouse
(backup may be provided separately)
B. Vice Chairman Fran B Adams
C. Commissioner Richard N Bird
(1 1 11 11 1 I 1 Al
E. ommissioner John W Ti '
an
97 o-0-0� -1
101-105
F. COMMITTEE I Y T ' ' 1 I►Y u I NY ; ' ' / I►Y u I ►Y .
(memorandum dated December •' 106-144'
14. C: 1 Y; I:1:;1
A. Rmerancy
None
'
None
C. Environmental Contral Board
None
1 1 1; Elul jY
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 X40R AT T .PACT AR T-TnT TUC TAT A T117 A XTf'U nv * ter. TTLT-
- - - - - - - --•' -•., W i, . t aar � cu r t..1i vt' 1v1�� 111V lJ.
Meeting broadcast live on:
TCI Cable Channel 13 - rebroadcast S: 00 p. m. Thursday through S: 00 p. in. Friday
Falcon Cable Channel 35 - rebroadcast Friday evening
INDEX TO MINUTES
January 2, 1996
Regular Meeting of Board of County Commissioners
CHAIRMAN'S COMMENTS . . . . . . . . . . . . . . . . . . . . . . .
1
ELECTION OF CHAIRMAN . . . . . . . . . . . . . . . . . . . . . .
1
ELECTION OF VICE CHAIRMAN . . . . . . . . . . . . . . . . . . . .
2
PROCLAMATION . . . . . . . . . . . . . . . . . . . . . . . . . .
2
APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . .
3
CONSENT AGENDA . . . . . . . .3
A. Received & Placed on File in Office of Clerk to the
Board: . . . . . . . . . . . . . . .
3
B. Resolution - Annual Signatories for New BCC Officers
3
C. Resignation of Samuel A. Culbertson from Board of
Zoning Adjustment . . . . . . . . . . . . . . . . . . . .
6
D. Lease Agreement with City of Vero Beach - 800 MHz Tower
7
E. Award Bid #6033 - Miraflores Water Assessment . . .
8
F. Miami Elevator Maintenance Contract - Supplement #2 . .
9
G. ESSX Telephone Service Agreements . . . . . . . . . . .
10
H. Award Bid #6034 - Vero Glen Water Assessment . . . . . .
11
I. Floodplain Cut and Fill Balance Waiver - Riverpoint
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . .
12
J. Second Extension of Contract for Required Improvements and
Land Development Permit - Copeland Landing West PRD . . . . .
13
PUBLIC HEARING - ARNO MAYER REQUEST TO REZONE APPROX. 9.7 ACRES
FROM CH TO IL . . . . . . . . . . . . . . . . . . . . . . .
15
PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 302 ANIMAL CONTROL AND
KENNEL REGULATIONS . . . . . . . . . . . . . . . . . . . . . 24
AWARD BID #6031 - 26TH STREET WATER MAIN . . . . . . . . . . . . 45
IXORA PARK WAREHOUSE ADDITION, FINAL PAY REQUEST . . . . . . . . 46
WHISPERING PALMS S/D WATER LINE REPLACEMENT . . . . . . . . . . . 47
VERO HIGHLANDS WATER ASSESSMENT PROJECT - CHANGE ORDER #1 AND FINAL
PAY REQUEST - TREASURE COAST CONTRACTING . . . . . . . . . . 48
CROSS -WALK - NEW COURTHOUSE . . . . . . . . . . . . . . . . . . . 49
COMMITTEE APPOINTMENTS/REAPPOINTMENTS . . . . . . . . . . . . . . 49
1
JANUARY 2 1996
® M
Tuesday, January 2, 1996
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, January 2, 1996,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B.
Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John
W. Tippin. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara
Bonnah, Deputy Clerk.
Chairman Macht called the meeting to order and led the Pledge
of Allegiance to the Flag before reporting that a terrible car
accident earlier this morning had resulted in the death of two
small children who were not secured in car seats. Chairman Macht
requested that Administrator Chandler work with Emergency Services
to have a video shown on the government channel informing people of
the availability of children's car seats and compliance with the
law.
CHAIRMAN'S COADIENTS
Chairman Macht thanked the Commission members for their
cooperation during the past year; he looked forward to a new year
with a new chairman.
Commissioner Eggert felt Chairman Macht did an excellent job,
especially under the circumstances of having lost his wife, Irene.
Commissioners Adams, Bird and Tippin also expressed their
appreciation for a job well done.
ELECTION OF CHAIRMAN
Chairman Macht opened the floor for nominations for Chairman
of the Board of County Commissioners for 1996. Commissioner Eggert
nominated Commissioner Adams as Chairman for 1996 and Commissioner
Tippin seconded the nomination. There being no further
nominations, the Chairman called for a vote.
1
JANUARY 2 1996
BooK 97f,",;r. �k - D
BOOK 9 7 PAE 01
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously elected
Fran B. Adams Chairman of the Board for 1996.
Commissioner Macht turned the gavel over to Chairman Adams,
who thanked the Commissioners for their confidence.
ELECTION OF VICE CHAHMAN
Chairman Adams then opened the floor for nominations for Vice
Chairman of the Board of County Commissioners for 1996.
Commissioner Bird nominated Commissioner Eggert as Vice Chairman
for 1996 and Commissioner Tippin seconded the nomination. There
being no further nominations, the Chairman called for a vote.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously elected
Carolyn K. Eggert Vice Chairman of the Board for
1996.
PROCLAMATION
Chairman Adams read the following proclamation aloud and
presented it to John Calmes, a member of the Building Code Board of
Adjustments and Appeals, who accepted it on behalf of Paul R.
Jacobi: IN
PROCLAMATION
WHEREAS, Paul R. Jacob) has Qtm of his time and expertise since,'1983 to
December, 1895 while serving an the Indian Rim Courdy Building Code Board of
Adjustments and Appeals; end
WHEREAS, Paul Is to be cotmterded fa his IoM tarns an this board, and for his
dedieatiar to public serWoe. He hes "layad faimess and Intepr(ty In confronting the
myriad probimns that arise when des" with variances and appeals to the WdmkW
Lodes adopted by Indian Riva County.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF IND UW RNER COUNTY, FLORIDA thud the Board expresses
deep appredadon fa the servios Paul R. Jecabi has performed ova the past 12 yeas an
behalf of Indian River County, and extends heertfeft wishes for his sucoess in future
endeavors.
Adopted this 2 day of January, 1888
BOARD OF COUNTY COMMISSIONERS
y
INDIAN RIVER COUNTY, FLORIDA
N Fran B. Adams, Chairman
I
2
JANUARY 2 1996
� _ r
APPROVAL OF MINUTES
The Chairman asked if there were. any corrections or additions.
to the Minutes of'the Regular Meeting of November 28, 1995. There
were none.
ON MOTION. by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the Minutes of the Regular Meeting of 11/28/95-, as
written.
CONSENT AGENDA
Commissioner Eggert requested that item G be pulled for
discussion.
A. Received & Placed on File in Office of Clerk to the Board:
Florida Inland Navigation District Amended Meeting
Schedule for FY -95-96
B. Resolution - Annual Signatories for New BCC Officers
ON. MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 96-1, directing county depositories to
honor certain authorized signatures on county
warrants and other orders for payment.
RESOLUTION NO. 96- 01
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DIRECTING COUNTY DEPOSITORIES
TO HONOR CERTAIN AUTHORIZED SIGNATURES
ON COUNTY WARRANTS AND OTHER ORDERS
FOR PAYMENT.
WHEREAS, the Board of County Commissioners of Indian River
County on January 2, 1996, held an election for the offices of
Chairman and Vice Chairman of the Board of County Commissioners;
and
WHEREAS, the County Commission did nominate and select as
Chairman Fran B. Adams and as Vice Chairman C a r o l y n K. Egg 8 rid
WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit
Court of Indian River County effective December 31, 1988, also
3 BOOK 97 F,11F
JANUARY 2 1996
mai 97 03
serves as a Clerk to the Board of County Commissioners, pursuant to
Section 125.167, Florida Statutes; and
WHEREAS, it is now necessary to reinstruct the County's
depositories as to the signatures necessary to honor County warrants,
checks, or other orders for the payment of money drawn in the
Commission's name,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The County Commission has in the past designated certain
institutions as official depositories of County funds, and such
designations are hereby ratified and affirmed.
2. Each designated depository of the Commission is hereby
requested, authorized, and directed to honor checks, warrants, or
other orders for payment of money drawn in the Commission's name,
including
those payable to
the individual orders
of any . person or
persons
whose name or names appear thereon,
when bearing the
facsimile
signature of the
Clerk of the Circuit
Court, when said
check, warrants, or other orders for the payment of money equals or
does not exceed the sum of three thousand dollars ($3,000).
3. If a check, warrant, or other orders for the payment of
money drawn in the Commission's name exceeds the sum of three
thousand dollars ($3,000), said designated depositories are authorized
and directed to honor checks, warrants, or other orders -for payment
of money drawn in the Commission's name, only when such check,
warrant, or other orders for payment of money bears the facsimile
signature of the Chairman and Clerk of the Circuit Court and further
bears the original signature of either the Chairman, Vice Chairman,
Clerk -- of the Circuit Court, or Deputy Clerk, listed below. Said
actual and facsimile signatures appear below:
(1) Jeffrey K. Barton
Clerk of Circuit Court
4
JANUARY 2 1996
M
Facsimile
M
(2) Cynthia Gatt
Deputy Clerk
(3) Mary Louise Scheidt
Deputy Clerk
(4) Fran B. Adams
Chairman
(5) Carolyn K. Eggert
Vice Chairman
M M
Facsimile
A uaI
Facsimile
BE IT FURTHER RESOLVED that the above named signatories are
hereby authorized to execute any and all signature cards and
agreements as requested by the respective banking institutions
designated as official depositories by the Board of.. County
Commissioners of Indian River County; and
BE IT FURTHER RESOLVED that the use of facsimile signatures
is as authorized by Section 116.34, Flbrida Statutes, the "Uniform
Facsimile Signature of Public Officials Act."
The resolution was moved to adoption by Commissioner
Eggert and the motion was - seconded by Commissioner
B i r d and, upon being put to a vote, the vote was as
follow,,
Chairman Fran B. Adams Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird A y e
Commissioner Kenneth R. M a c h t Aye
Commissioner John W. T i p p i n A y e
The Chairman thereupon declared the resolution duly passed and
adopted this 2nd day of January, 1996.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
Y
Jeffy I Barton erk ranAdams
`Chairman
JANUARY 2 1996
5 BOOK 9 F'Af;E 04
Beof 97 05
C. Resignation of Samuel A. Culbertson from Board of
Zoning Adjustment
The Board reviewed the following letter dated 12/12/95:
December 12, 1995
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Gentlemen:
Please accept my resignation from the Board of Zoning
Adjustment.
Since my appointment in the Fall of 1994, there has only
-been one meeting which, unfortunately, I was unable to
attend. In light of the lack of items coming before the
Board, you may care to review the scope of its
responsibilities or the necessity of its existence.
I thank you for the opportunity to serve the County.
ely,
amuel A.'Culbertson
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously accepted
the resignation of Sam Culbertson from the Board of
Zoning Adjustment.
6
JANUARY 2 1996
D. I,ease Agreement with City of Vero Beach - 800 MHz Tower
The Board reviewed the following letter dated 12/21/9.5:
City of Vero Beach
1053 - 201b MACE - P.O. BOX 1389 �p192021?
VERO BEACH, FLORIDA 32961-1389
Telephone (407) 567-5151 Fav (407) 7783856 I O "�
FC
OFFICE OF THE r 7 4`A',
CITY MANAGER/ 40 '/ a7a7
UTILITIES DIRECTOR Mi
December 21, 1995
Mr. James E. Chandler
County Administrator
Indian River County
Administration Building
1840 25th Street
Vero Beach, FL 32960-3394
Dear Jim:
I have enclosed a copy of the Lease between the City of Vero Beach and Indian River
County regarding the site to be used for the 800 MHz tower. 'This lease requires County
approval before it is effective. Consequently, I would appreciate your putting it on the
agenda for the Commissioners' consideration.
I received only one copy of this lease; consequently, if you would have your Board
Chairman give us an original signature on the one that comes back, I think this would
suffice.
Your assistance in this matter is appreciated.
Very truly yours,
T. R. Nas
City Manager/Utilities Director
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Lease Agreement with the City of Vero Beach for
800 MHz tower site near Old Dixie Highway.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
JANUARY 2 1996 7 BOOK 97 FVUF 06
Boa 97 Piu 07
E. Award Bid #6033 - Miraflores Water Assessment
The Board reviewed the following memo dated 12/18/95:
DATE: December 18, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
FROM: H.T. Dean, General Services Director% W
Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid 16033/Miraflores Water Assessment
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Advertisement Mailed to:
Replies:
Statement of "No Bids"
.VENDOR
Timothy Rose Construction
Vero Beach, FL
Driveways, Inc
Titusville, FL
Treasure Coast Contracting
Vero Beach, FL
AKA Services
West Palm_Beach, FL
JoBear
Palm Bay, FL
Strickler Brothers
Ft Myers, FL
TOTAL AMOUNT OF BID
December 6, 1995
November 15, 29, 1995
Twenty Nine (29) Vendors
Six (6) Vendors
-0-
BID TOTAL
$ 25,313.50
$ 25,328.50
$ 29,208.00
$ 35,540.00
$ 50,410.00
$ 51,320.00
$ 25,313.50
SOURCE OF FUNDS Utilities Assessment Fund
473-000-169-268.00
ESTIMATED BUDGET
RECOMMENDATION
$ 29,524.00
Staff recommends that the bid be awarded to Tim Rose
Contracting as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
8
JANUARY 2 1996
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6033 to Tim Rose Contracting in the amount of
$25,313.50, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
F. Miami Elevator Maintenance Contract - Supplement #2 -
The Board reviewed the following memo dated 12/21/95:
TO: James Chandler
County Administrator
THRU: H.T. "Sonny" Dean, Director
Department of General Services
FROM: Lynn Williams, Superintendent
Buildings & Grounds
DATE: December 21, 1995
SUBJECT: -Supplement #2 - Miami Elevator Maintenance Contract
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
The attached Supplement #2 adds the New Courthouse elevators
(8) to the existing Maintenance Contract with Miami Elevator. All
- terms and conditions of the Master Agreement remain in effect.
RECOMMENDATION AND FUNDING:
Staff recommends approval of Supplement #2 from Miami Elevator
in the amount of one thousand two hundred eight dollars ($1,280.00)
per month. Funding is available in 001-220-519-033.49, Other
Contractual Services.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Supplement 12 to Miami Elevator Maintenance Contract
in the amount of $1,280 per month, as recommended by
staff.
SUPPLEMENT12 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
JANUARY 2 1996 9 BOOK 97 PACE 0
i3, x 9 7 PALE 09
G. ESSX Telephone Service Agreements
The Board reviewed the following memo dated 12/14/95:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVI S
SUBJECT: ESSX TELEPHONE SERVICE
BACKGROUND:
DECEMBER 14, 1995
Approximately five years ago, the County entered into an agreement with Bell South to furnish ESSX
telephone service to our various locations. This service is similar to the PBX system within the
Administration Building except the switching equipment is located in the telephone company's central
office and is maintained by them. We pay a reduced special rate for each station loop (extension).
There are two contracts which cover the above described system One is for the basic service and
the other covers the Special Assembly Service for each station loop. These two contracts for services
have expired and require renewal.
ANALYSIS:
Our new contract will indicate a slight decrease in price for basic service since our system has been
up -graded to Medium size due to the increase in station loops (extensions) over the past five years.
The length of these two proposed contracts is five years.
RECOMMENDATION:
Staff recommends Board approval and authorization for the Chairman to execute the agreements.
Commissioner Eggert commented that while she was recuperating
from knee surgery, she met with frustration in trying to call in
to the County Administration Building lines, especially in the
afternoon. She asked if anything could be done to improve that
situation. Commissioner Eggert also commented that she could not
get through at all at times to the Community Development
Department.
Commissioner Bird echoed that concern and asked if it was
possible for staff to forward their voice mail calls over to a warm
body.
Chairman Adams stated that she also had trouble getting
through to Community Development, but noted that they have been
very quick to get back to her after she left a message.
Commissioner Tippin felt the perception is there with the
public that they cannot get through to talk to a warm body.
General Services Director Sonny Dean was requested to look
into the difficulty of calling in.
10
JANUARY 2 1996
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously approved
the service agreements for ESSX telephone service,
as recommended by staff.
COPIES OF AGREEMENTS ON FILE IN OFFICE OF CLERK TO THE BOARD
H. Award Bid #6034 - Vero Glen Water Assessment
The Board reviewed the following memo dated 12/18/95:
DATE: December 18, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, DirectorA
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6034/Vero Glen Water Assessment
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
December 6, 1995
Advertising Dates:
November 15, 129, 1995
Advertisement Mailed to: Thirty Two (32) Vendors
Replies:
Six (6) Vendors
'Statement of "No Bids"
-0-
VENDOR
BID TOTAL CORRECTED TOTAL
Driveways, Inc
$23,833.80 $23,733.80
Titusville, FL
Tim Rose Construction
$24,070.40
Vero Beach, FL
Treasure Coast Const.
$28,400.20
Vero Beach, FL
AKA Services
$35,765.00
West Palm Beach, FL
Strickler Brothers
$43,397.00
Ft Myers, FL
JoBear
$51,473.00
Palm Bay, FL
TOTAL AMOUNT OF BID $23,733.80
SOURCE OF FUNDS Utilities Assessment Fund
473-000-169-269.00
ESTIMATED BUDGET $26,396.70
it BOOK 97 F'r1r,E 10
JANUARY 2 1996
MIR 9 7 ita 11
RECOMMENDATION
Staff recommends that the bid be awarded to Driveways. Inc
as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation to
Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6034 to Driveways, Inc. in the amount of
$23,733.80, as recommended by staff.
AGREEMENT TS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
I. Floodplain Cut and Fill Balance Waiver - Riverpoint
Subdivision
The Board reviewed the following memo dated 12/14/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: David B. Cox, P.E. qC
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Riverpoint
Subdivision
REFERENCE: SD-95-03-02/L.D.P. Application Nd. 94120004-005
DATE: December 14, 1995 CONSENT AGENDA
DESCRIPTION AND CONDMONS
Knight, McGuire & Associates, Inc., on behalf of David Blair - Ecologic Enterprises, the
developers of Riverpoint Subdivision has requested a waiver of the cut and fill balance
—requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection
12
JANUARY 2 1996
Ordinance. Riverpoint Subdivision received preliminary plat approval from the Planning
and Zoning Commission on July 13, 1995. The 24 unit single family subdivision is located
adjacent to mosquito impoundments along the Indian River Lagoon south and east of Vero
Shores Subdivision. The site is located in special flood hazard area Zone AE with base
flood elevations of 5.0 ft. and 6.0 ft. N.G.V.D. The ten year stillwater elevation is 2.8 ft.
The proposed displacement.of the floodplain below 4.0 ft. for which the waiver is requested
is 8000 cubic yards as indicated in the attached letter from the applicant's engineer dated
December 14, 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 staffs opinion it appears that all other Stormwater Management and
Flood Protection Ordinance requirements can be met without adverse impact on other lands
in the estuarine environment. The land development permit application is currently under
review.
Both Indian River County and S.J.R.W.M.D. Wetland Resource Management permits have
been issued for the project. •
Alternative No. 1
Approve the cut and fill balance waiver request.
Alternative No. 2
Deny the waiver request and require re -design to accomplish an on-site balance of cut and
. fill.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved a
floodplain cut and fill balance waiver for
Riverpoint Subdivision, as recommended by staff.
J. Second Extension of Contract for Required Improvements and
Land Development Permit - Copeland Landing West PRD
The Board reviewed the following memo dated 12/19/95:
JANUARY 2 1996 13 BOOK 97 FAUE
wog 97 ?A'.i. 13
TO: The Board of County Commissioners
FROM: iL& William O. Collins II - Deputy County Attorney
DATE: December 19, 1995
SUBJECT: Copeland Landing West PRD - Second Extension of Contract for
Required Improvements and Land Development Permit
Copeland Landing, Inc. has requested a second extension to complete required
improvements at the Copeland Landing West PRD. The first extension was from
June 21, 1995 to January 1, 1996. The developer indicates that additional
time will be needed to complete the work, have it certified by the project
engineer, and inspected by the County.
RECOMMENDATION:
Extend the Land Development Permit No. 93040115-001 to April 1, 1996 and
authorize the Chairman to execute the Second Modification to the Contract for
Required Improvements No. PRD -87-12-09-A.
WGC/aims
\docs\memo\bcc7.doc
cc: Robert M. Keating, AICD - Community Development Director
Roger Cain, P.E. - County Engineer
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the second extension of contract as set out in the
above staff recommendation.
EXTENSION OF CONTRACT ON FILE IN OFFICE OF CLERK TO THE BOARD
14
JANUARY 2 1996
PUBLIC HEARING - ARNO MAYER REQUEST TO REZONE APPROX.
9.7 ACRES FROM CH TO IL
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach lin Indian River County, Florida; that the attached copy of advertisement, being
in the matter off ,/n;
� ✓1 _ l /►p
In the //�y/1 Court, was pub-
lished In said newspaper in the Issues of &20 d4 , �7 1f,5_
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 Court.
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for -publication in the said newspaper.
..•• i�ii�t•taa.4 subscribed before me this day of �`� A.D. 19 N
Co(Business Manager)
���:. �' Ga.•r„ : n t:Ancari�. c .^,PRAGU! NOTARY POR,_'
/�.. •'S IyJ. :.i:da ,.t I4rdu M Gummncl,m t ■p ,ora 24. 19ar
n ` C..$,•1� .1 (:urrcncswu NuuC,e•
77
NOTICE — PUBLIC HEARING
The Board of County C,onmrtbsioners of Indian
River County, Florida, wffl consider the adaption of
Commercial Dbtrict
to U, Light Ixiustriai District.
The suglact property b owned by Arra Mayer. The
subject property Is ,located between U.S. 1 and the
F.L.C. railroad tracks.abne� pp telt' 500 feet north
of the south county � contain approxi-
fretehr 9.7 acres. The subject property Ues in the
southeast 14 section of StxKlon 31, Tow�dp 33S,
F Range 40E, hdlg and being in Indian Rim County,
y.
pulft hewing at which parrs In hist and
citizens shd have an opportunity to be heard, wM
be held by the Board of County Carnrn issioners of
Iridian Rim County. Florida, In the County Cornirds-
sion Chambers of the County AdmiNsftdo n Build-
ing, located at 1840 25th Street, Vero Beach, Flor-
ida on Tuesday, January 2. 1996, at 9:05 aJn. The.
A�OR�
NDINor
ANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
CH TO IL, FOR THE PROPERTY LOCATED BE-
TWEEN US 1 AND THE FEC RAILROAD TRACKS,
APPROXIMATELY 500 FEET NORTH OF THE
SOUTH COUNTY LINE, AND DESCRIBED HEREIN,
AND PROVIDING FOR EFFECTIVE DATE
The the Wtt� qd ordnance may be Inspected
mplar business hours at the 07
fico of thed0014K Board of County. Corrurds-
skuners,1840 25th Street, Vero Beacon, Florida
The Board of County CanmTissloruas may adopt
another zoning district, other than the district re-
quested, provided it Is within the sane general use
category.
Anyone appeal arry decision
which may bye m� atttids Ince" will feed
to en-
sure
that a verbatim record of the proceedings is
made, with includes tes ony and evidence upon
which the appeal is based.
Anyone who reeds a speciat alxxxnrnodatlon for
this must contact the courdy's Americans
with Diliatiftes Act (ADAI Coordinator at 567-M
*tension 223 at.* least 48 hours in advance of
Indian River County
Board of County Commissioners
By: -s -Kenneth R Macht, Chalman
Dec. 20. 1995 1282951
Community Development Director Bob Keating presented staff's
recommendation for approval of the rezoning from CH to IL:
15 BOOK 9 / PACE J A
JANUARY 2 1996
RMH-11
o
ns -
J
Subject
.. Property
JVI JJ:
RS -6 '
F fgs�Ipi
NOTICE — PUBLIC HEARING
The Board of County C,onmrtbsioners of Indian
River County, Florida, wffl consider the adaption of
Commercial Dbtrict
to U, Light Ixiustriai District.
The suglact property b owned by Arra Mayer. The
subject property Is ,located between U.S. 1 and the
F.L.C. railroad tracks.abne� pp telt' 500 feet north
of the south county � contain approxi-
fretehr 9.7 acres. The subject property Ues in the
southeast 14 section of StxKlon 31, Tow�dp 33S,
F Range 40E, hdlg and being in Indian Rim County,
y.
pulft hewing at which parrs In hist and
citizens shd have an opportunity to be heard, wM
be held by the Board of County Carnrn issioners of
Iridian Rim County. Florida, In the County Cornirds-
sion Chambers of the County AdmiNsftdo n Build-
ing, located at 1840 25th Street, Vero Beach, Flor-
ida on Tuesday, January 2. 1996, at 9:05 aJn. The.
A�OR�
NDINor
ANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING ORDINANCE
AND THE ACCOMPANYING ZONING MAP FROM
CH TO IL, FOR THE PROPERTY LOCATED BE-
TWEEN US 1 AND THE FEC RAILROAD TRACKS,
APPROXIMATELY 500 FEET NORTH OF THE
SOUTH COUNTY LINE, AND DESCRIBED HEREIN,
AND PROVIDING FOR EFFECTIVE DATE
The the Wtt� qd ordnance may be Inspected
mplar business hours at the 07
fico of thed0014K Board of County. Corrurds-
skuners,1840 25th Street, Vero Beacon, Florida
The Board of County CanmTissloruas may adopt
another zoning district, other than the district re-
quested, provided it Is within the sane general use
category.
Anyone appeal arry decision
which may bye m� atttids Ince" will feed
to en-
sure
that a verbatim record of the proceedings is
made, with includes tes ony and evidence upon
which the appeal is based.
Anyone who reeds a speciat alxxxnrnodatlon for
this must contact the courdy's Americans
with Diliatiftes Act (ADAI Coordinator at 567-M
*tension 223 at.* least 48 hours in advance of
Indian River County
Board of County Commissioners
By: -s -Kenneth R Macht, Chalman
Dec. 20. 1995 1282951
Community Development Director Bob Keating presented staff's
recommendation for approval of the rezoning from CH to IL:
15 BOOK 9 / PACE J A
JANUARY 2 1996
BOOK 97 pmu 15
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE
Robert A. Reat g, A
Community Deve opmen Director
THROUGH: Sasan Rohani, AICP 5 W
Chief, Long -Range Planning
FROM: John Wachte4N
Senior Planner, Long -Range Planning
DATE: December 18, 1995
RE: ARNO MAYER REQUEST TO REZONE APPROXIMATELY 9.7 ACRES FROM
CH TO IL (RZON 95-11-0101) _
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of January 2, 1996.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 9.7 acres from CH, Heavy
Commercial District, to IL, Light Industrial District. Located
between US 1 and the FEC railroad tracks, approximately 500 feet
north of the south county line, the subject property is owned by
Arno Mayer. The purpose of this request is to secure the necessary
zoning to build a boat manufacturing plant.
On December 14, 1995, the Planning and Zoning Commission voted 6-0
to recommend that the Board of County Commissioners approve this
request to rezone the subject property to IL.
Existing Land Use Pattern
The subject property contains one 29,060 square foot metal building
and 7 large storage structures with roofs and no walls. The site
and land to the north, which is undeveloped, are zoned CH.
Abutting the site on the west is the FEC railroad tracks. West of
the railroad tracks, a thin strip of CH zoned land separates Old
Dixie Highway from the railroad tracks. The northern portion of
that strip of land is slightly wider than the southern portion, and
accommodates three narrow buildings.
West of Old Dixie Highway is the Florida Ridge subdivision of
single-family houses. That area is zoned RS -6, Single -Family
Residential District (up to 6 units/acre). To the east and south,
across US 1, land is also zoned RS -6. This area contains the Vero
Shores subdivision of single-family houses and undeveloped land.
16
JANUARY 2 1996
Future Land Use Pattern
The subject property and all properties between Old Dixie Highway
and US 1 are designated C/I, Commercial/Industrial on the future
land use map. The C/I designation permits various commercial and
industrial zoning districts. Land to the west -of Old Dixie Highway
and the east of US 1 is designated L-2, Low -Density Residential72,
on the future land use map. The L-2 designation permits
residential uses with a density of up to 6 units/acre.
Environment
With the exception of some native scrub habitat in the southernmost
portion of the site, the subject property has little environmental
significance. The adjacent property to the north, however,
contains the endangered Lakela's Mint. According to Flood
Insurance Rating Maps, the subject property is not within a flood
hazard area.
Utilities and Services
The site is within the Urban Service Area of the county. Water
lines from the South County Reverse Osmosis Plant extend to within
a quarter mile of the site. Wastewater lines from the South
Regional Wastewater Treatment Plant also extend to within a quarter
mile of the site.
Transportation System
The subject property abuts US 1. Classified as an urban principal
arterial roadway on the future roadway thoroughfare plan map, US -1
is a four -lane road with approximately 130 to 160 feet of existing
public road right-of-way. US 1 is programmed for expansion to 6
lanes by 2010.
Zoning District Differences
There are many similarities and some differences between the
existing CH zoning district and the proposed IL district. These
are best illustrated by the respective purpose statements of each
of the two districts. These purpose statements are as follows:
• CH, Heavy Commercial District, is intended to provide areas
for establishments engaging in wholesale trade, major repair
services and restricted light manufacturing activities. The
CH district is further intended to provide support services
necessary for the development of commercial and industrial
uses allowed within other non-residential zoning districts.
• IL, Light Industrial District, is intended to provide
opportunities for limited manufacturing and industrial uses
and to promote the establishment of employment centers which
are accessible to urban services and facilities, the area
labor force, and local industrial and business markets while
minimizing the potential for any adverse impacts upon nearby
properties.
In terms of permitted uses, the principal difference between the CH
and IL zoning districts is that most manufacturing uses that are
permitted within the IL zoning district (such as the manufacturing
of tobacco products, textile products, lumber and wood, furniture
17 BOOK 9 7F,aGE
JANUARY 2 1996
wot 97 PALE
and fixtures, rubber products, drugs and pharmaceuticals, footwear,
and electronic equipment) are not allowed within the CH zoning
district. As a transitional type of zoning district having more
intense uses than general commercial districts and less intense
uses than industrial districts, the CH district is oriented to uses
such as warehouses, contractor trades,.and repair establishments.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan; and
• potential impact on environmental quality.
Concurrency -of Public Facilities
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development. The comprehensive plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future.Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The comprehensive plan also requires that new development be
reviewed to ensure that the minimum acceptable standards for these
services and --facilities are maintained.
Policy 3.2 of the Future Land* Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county .regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. For
commercial rezoning requests, the most intense use (according to
the county's land development regulations) is retail commercial
with 10,000 square feet of gross floor area per acre of land
proposed for rezoning. The site information used for the
concurrency analysis is as follows:
1. Size of Area to be Rezoned: ±9.7 acres
2. Land Use Designation: C/I, Commercial/Industrial
3. Existing Zoning Classification: CH, Heavy Commercial
4. Proposed Zoning Classification: IL, Light Industrial
5. Most Intense Use under Existing Zoning Classification:
±97,000 sq. ft. of Retail Commercial (Shopping Center in
the 5th Edition ITE Manual).
6.. Most Intense Use under Proposed Zoning Classification:
±97,000 sq. ft. of Retail Commercial (Shopping Center in
the 5th Edition ITE Manual).
18
JANUARY 2 1996
17
As -per section 910.07(2) of the Concurrency Management Chapter of
the County's Land Development Regulations, projects which do not
increase density or intensity of use are exempt from concurrency
requirements. This rezoning request is exempt from concurrency
review because the requested zoning would not increase the use
intensity of the site.
By changing the zoning of the subject property from CH to IL,
manufacturing and industrial uses not currently allowed would be
permitted on the site. However, because the most intense use of
the property would be the same with either zoning district,
changing the property's zoning from CH to IL would not create
additional impacts on any concurrency facilities.
When new development is proposed
detailed concurrency analysis
development approval process.
for the subject property, a more
will be conducted during the
Compatibility with the Surrounding Area
Staff's position is that a light industrial zoning district would
be appropriate for the subject property and would result in
development compatible with surrounding property.
The principal impacts of development on. the subject property would
be on the 13 lots in the Vero Shores _ subdivision that abut US 1
east of the subject property. Four of those lots are currently
developed. There are, however, several circumstances which would
serve to mitigate the potential impacts associated with this
request. Those circumstances are listed below.
• US 1 provides at least 130 feet of physical separation between
the subject property and Vero Shores.
• Required front and rear yard setbacks (20 feet for buildings
in the Vero Shores subdivision and 25 feet for the subject
property) provide additional separation.
• Development of the site will require the installation and
maintenance of buffers and landscaping.
• All industrial development is required to undergo site plan
review. Through this process,' potential impacts will be
minimized with site design.
• The large overlap of uses permitted under both the proposed IL
zoning district and the existing CH zoning district reduces
the chances that granting this request will result in an
increase in impacts on the surrounding area.
For these reasons, the proposed rezoning can be expected to have an
insignificant impact on the adjacent property.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map, which include agriculture, residential, recreation,
conservation, and commercial and industrial land uses and their
densities. Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
19
JANUARY 2 1996 BOOK 9.7 PACE 1
ma ,PArE
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development decisions. While all comprehensive plan policies are
important, some have more applicability than others in reviewing
rezoning requests. Of particular applicability for this request
are the following policies.
- Future Land Use Policy 1.17
Future Land Use Policy 1.17 states that the industrial land use
designation is intended for uses such as manufacturing, assembly,
materials processing, heavy repair services, outdoor equipment
storage and similar uses as well as supportive and related
commercial uses. In addition, this policy states that all
industrial uses must be located within an existing or future urban
service area.
Since the -subject property is located within a commercial/
industrial node within the county's urban service area, the
proposed request is consistent with Future Land Use Policy 1.17.
- Future Land Use Policy 4.3
Future Land Use Policy 4.3 states that activity centers, such as
industrial centers, shall be located within commercial and
industrial nodes to ensure efficient utilization of the
transportation network. Since the subject property is within a
commercial/ industrial node, the proposed request is consistent with
Future Land Use Policy 4.3.
- Economic Development Policies 1.1 and 1.4
These policies state that the county shall:
• encourage the attraction of new industries and businesses; and
• promote the growth of businesses which provide skilled and
semi -skilled jobs with salaries higher than minimum wages.
Rezoning the subject property to IL would implement Economic
Development Policies 1.1 and 1.4 by creating industrially zoned
property with the necessary amenities to attract well paying, light
manufacturing industries. Therefore, the proposed request is
consistent with Economic Development Policies 1.1 and 1.4.
While the referenced policies are particularly applicable to this
request, other comprehensive plan policies and objectives also have
relevance. For that reason, staff evaluated the subject request
for consistency with all plan policies and objectives. Based upon
that analysis, staff determined that the request is consistent with
the comprehensive plan.
Potential Impact on Environmental,Quality
Staff's position is that the requested zoning change will not
negatively impact the environmental quality of this _previously
disturbed site. Based upon its analysis, staff has determined that
the environmental impacts of development of the subject property
will be the same under either the current CH zoning or the
requested IL zoning.
20
JANUARY 2 1996
CONCLUSION
The requested zoning is compatible with the surrounding area,
consistent with the goals, objectives, and policies of the
comprehensive plan, and meets all applicable concurrency criteria.
The subject property is located in an area deemed suitable for
light industrial uses. The request meets all applicable criteria.
For these reasons, staff support the request.
RECOMMENDATION
Based on the analysis, staff recommends and the Planning and Zoning
Commission recommend that the Board of County Commissioners approve
this request to rezone the subject property from CH to IL.
The Chairman asked if anyone wished to be heard in this
matter. There being none, she closed the Public Hearing.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht, to adopt Ordinance 96-01,
rezoning approximately 9.7 acres from CH to IL.
Under discussion, Commissioner Tippin felt it might be timely
to mention that the County would certainly welcome some cooperation
when it becomes necessary to get drainage access to resolve the
problem of water from County -owned wetlands crossing Old Dixie
Highway onto people's property and filling up retention ponds, etc.
Public Works Director Jim Davis has said that we might have to
go under the railroad tracks to get drainage to the river.
Director Keating understood that Director Davis is working on
that issue and assured Commissioner Tippin that staff will keep
that in mind during the site plan approval process.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
Commissioner Eggert thanked staff for their cooperation in
fast -tracking all the requests that involve bringing industry to
this community.
21
JANUARY 2 1996 BOOK 97 PnE 20
Box 9 7 PA -a 21
ORDINANCE NO. 96-01
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CH TO
IL, FOR THE PROPERTY LOCATED BETWEEN US 1 AND THE FEC RAILROAD
TRACKS, APPROXIMATELY 500 FEET NORTH OF THE SOUTH COUNTY LINE,
AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the
local planning agency on• such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the Comprehensive Plan of
Indian River County; and i
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the zoning of
the following described property situated in Indian River County,
Florida, to -wit:
That part of the Northeast 1/4 of the Southeast 1/4 of
Section 31, Township 33 South, Range 40 East, lying West
of the West right-of-way of U.S. Highway #1 and East of
the Fast right-of-way of the Florida East Coast Railroad.
AND
That part of the Southeast 1/4 of the Southeast 1/4 of
Section 31, Township 33 South, Range 40 East, lying West
of the West right-of-way of U.S. Highway #1 and East of
the East right-of-way of the Florida East Coast Railroad.
AND
That part of the South 15 acres of the South 1/2 of the
Northwest 1/4 of the Southeast 1/4 of Section 31,
Township 33 South, Range 40 East, lying East of the East
right-of-way of the Florida East Coast Railroad.
Above said parcels lying and being in Indian River
County, Florida, and containing 9.69 acres based on a
field survey dated July 27, 1993.
Be changed from CH to IL.
0
All with the meaning and intent and as set forth and described in
said Land Development Regulations. -
22
JANUARY 2 1996
ORDINANCE NO. 96-01
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 2nd day of January, 1996.
This ordinance was advertised in the Vero Beach Press -Journal
on the 20th day of December, 1995 for a public hearing to be held
on the 2nd day of January, 1996 at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
Macht , and adopted by the following vote:
Chairman Fran B. Adams Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: 6�0a-41
r n B. Adams, Cha rma
ATTEST BY \_
Je R�Barton �, rk
Acknowledgement by the Department of State of the State of Florida
this 15th day of January , 1996.
Effective upon filing with the Department of State.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William G. Collins II, Deputy County Attorney
Woe ft M. Reat ng, AIC
Community Developnftnt D ector
This ordinance was filed with the Department of State on the
following date: January 9. 1996
u\v\j\mayer.crd
Indian River U
Approved Date
Admin.
Legal
12 S
C r
Budget
Dei)t.
Risk Mgr.
23
JANUARY 2 1996 BOOK 97 wE 22
3
PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 302 ANIMAL
CONTROL AND KENNEL REGULATIONS
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
cp a f
in the matter cJ��
in the Court, was pub-
lished in said 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 as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said nie�w�spaper. C1c�
.•y�F1'egd subscribed before me this day of A.D. 19 L.7
0P 4fr� (Business; Manager) .
G
ffi 4'r, I .p Jurw ay. 99;.
'� •.A 1S�71'1$,'2 � . -. ...�.� : ;tarm„r (:(.3U(15'r•
.. .:1,70 r• til rA i111
NOTICE
The Board of Cam Cilmnissio ems s of t
no of a
Public heasche�edhh reby for -9:05 em. on Tuesday,
January 2, IM, to be held at the hdkm River
VC"It� div rtcf%ilbkaMnAr Bt ng 1840 25th be for
the purpose of discussing the fFlorida. This Pulft hol ig proposed
100 enimed
aAN ORDNANCE OF INDIAN RIVER- COUN-
TY, FLORIDA,' AMENDING CHAPTER --M2
1 AWA& CONTROL AM KENNEL REGU-
LATIOfMS OF THE MAN RIVER COUNTY
CODE TO REFLECT CHAPTER 94-339
LAWS OF FLORIDA.
Parties may to the wear at the ill
Any
beheard w d ordr
mange. Copies of thisave8-
r ess holae Office of Clerk > Board for i by ft ptA* during regular of
6� �, 1840 25th' Street, Vero
ARyans who may wish to erry deci�at which
may be made at thls Wirt deed to ensure
Vial a verbatim rewrd of the proceedings Is made,
which
i
appealubsedes teslinforty
and evidencle Wm Which
theitMfs Americans
who rn�eyeds qty, for
Act (ADA) Coordinator at 567000.
Ext 408 at lust 48 hours In advance of the Inw-
Dim 20, 1995 12629rf
Assistant County Attorney Terry O'Brien advised that the
proposed ordinance updates Chapter 302 of the County Code to bring
it into conformity with recent amendments to Chapter 307, which
contains provisions for vicious dogs. Under the present procedures
for determination of a vicious dog, a case is reviewed by Emergency
Services Director Doug Wright before going forward to Code
Enforcement action and then to court. Under the proposed
ordinance, once Director Wright makes a final decision, the case
will go directly to court without going through a Code Enforcement
hearing. The proposed ordinance also states that an annual
registration fee of $50 shall be paid by the owner of a vicious
dog. That money will be used to defray expenses. In addition,_a
micro -chip will be implanted into the animal so that it can be
readily identified.
Attorney O'Brien recommended adoption of two accompanying
resolutions amending the fees, penalties, and procedures relating
to the enforcement of the Animal Control Ordinance:
24
JANUARY 2 1996
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County Administrator
FROM: Doug Wright, Directo�
Emergency Services
DATE: December 21, 1995
SUBJECT: Board Consideration of Two Resolutions Amending The Fees,
Penalties, And Procedures Related To The Enforcement Of
The Animal Control Ordinance
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the meeting scheduled for January 2, 1996.
DESCRIPTION ANDCONDITIONS:
Staff is requesting the Board to consider approval of the attached
resolution which supersedes Resolution #93-58 and amends or revises
the fees, penalties and procedures related to the enforcement of
the animal control ordinance as follows:
2. (a) 1 Licensing Fees - Female or male, dog or cat,
initial or renewal license, not sterilized --
$10.00 per year. Increase to $15.00 per'year
beginning October 1, 1996.
The increased fee is only related to non -sterilized animals and is
not effective until October 1, 1996.. This fee has not been
increased since Animal Control became responsible for licensing in
1990. The intent of this increase is to help reduce the number of
strays and unwanted animals in the County which has a direct effect
on the Animal Control budget each year.
2. (c) Redemption Penalties in addition to impoundment
Fees - Processing fee of 510.00 for all animals
First Offense Waived
Second Offense $16.04 S 30.00
Third Offense $30.G4 S 60.00
Fourth Offense $69.00 $120.00
This is a new fee which is to be paid by all animal owners
retrieving their animals from the shelter. This is requested to
help defray the $30.00 per animal cost the County incurs for
handling the animal. The County should not incur costs for an
owned animal.
2. (i) All vrevaid fees will be forfeited at the end of 90
daps. _
Approval of this language will establish a time limit for holding
prepaid funds. At the end of this 90 -day period, if the animal
owner has not had the animal vaccinated or picked up the license
which was prepaid, the fees will be required again. There have
been many instances where months will pass and the owner will not
pick up the license or have the animal vaccinated. Sometimes this
goes into the next year and the owner wants to use the prepaid fees
for the new year, placing the County in a situation where no fees
were paid for a year.
25 Boa 97 FacF '�
JANUARY 2 1996
The second resolution that staff requests the Board to approve
supersedes Resolution #90-23 and amends or revises the schedule of
civil penalties to be imposed for violations of specific sections
of the animal control ordinance. Only the specific sections
recommended for change are noted below:
SECTION
'DESCRIPTION OF VIOLATION
1 ST
2ND
3RD
Sec. 3-3
Sec. 3-5(1)
Sec. 3-5(2)
Failure to vaccinate,
license, collar or harness
Failure to keep animal
under restraint
Animal creating nuisance
4,26
4z6
440
$ 50
$ 50
$ 25
$100
$200
4-64 $100
475
$200
446 $ 50
4-76
$100
Sec. 3-5(5)
Failure to provide
adequate care to animal
U4
$ 50
4-64
-
$100
4440
$200
Sec. 3-10
Livestock running at large
UO
$ 50
4-64
$ 75
4.76
$100
Sec. 3-14
Interference with animal
control authority
464
$100
4400
$200
$200
$300
As noted above, there has been no increase in fees since the
inception of the citation program in 1990. The increases noted are
requested because these are the most common violations, and the
current penalty seems to have no impact on a majority of those
cited.
The County has incurred additional expenses this year, and will for
the next several years, in terms of sheltering animals. It seems
fair that the animal owners who are creating these additional
expenses should pay a share of the cost, and it should just not be
absorbed by the taxpayers with ad valorem tax dollars from the
general fund.
The general policy is to try to work with citizens to help them
become responsible pet owners,. and the issuance of citations is
generally a last resort. This is demonstrated by noting that
almost 90% of the people cited have had prior written or verbal
warnings that citations would be issued if the violation was not
corrected.
RECOP+MNDATION:
Staff respectfully requests that the Board approve the two attached
resolutions.
25 a
JANUARY 2 1996
M
Commissioner Eggert noticed that the fee for a sterilized dog
is still just $5. She hoped that we can continue to work with the
local veterinarians so that they understand that there are people
who cannot afford a lot of the costs associated with getting a
license. She believed that would be particularly true when these
fees have increased.
Chairman Adams noted that most of the fees for violations have
increased substantially, but wondered if the penalty for failure to
confine a female dog or cat in heat should go from $25 to $50.
Nancy Errett, Director of Animal Control, advised that does
not seem to be a major problem, and Director Wright explained that
they looked at it pretty closely and decided not to impact the
citizens anymore than what was necessary to deal with the major
problems that we are having today.
Chairman Adams asked if we were going to earmark the money
from the increased fees to the animal shelter budget, and
Administrator Chandler advised that we are looking at trying to
offset some of the increased cost we had.
David Radabaugh of the Humane Society wished to commend Doug
Wright and Nancy Errett for the work that they do. He advised that
the Humane Society will continue to work 100% with the County.
Bill Roolage, concerned citizen, believed people over reacted
to the stray cat situation at the Landfill.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Ordinance 96-02, and Resolutions 96-02 and 96-03.
26 Boa 91 FAGS 2U
JANUARY 2 1996
Borax 97 7
ORDINANCE 96- 02
AN ORDINANCE
OF INDIAN RIVER
COUNTY,
FLORIDA,
AMENDING CHAPTER 302
ANIMAL
CONTROL
AND
KENNEL REGULATIONS
OF THE
INDIAN
RIVER
COUNTY CODE TO
REFLECT
CHAPTER
94-339
LAWS OF FLORIDA.
WHEREAS, Chapter 94-339 Laws .of Florida has made substantial
amendments to classification of dogs as dangerous; and
WHEREAS, it is desirable for the County Code to reflect these
amendments as well as some other minor changes,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
Chapter 302 the Indian River County Code is amended as set forth
in Appendix "A" to this ordinance.
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for anv reason held to be unconstitutional.
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective February 1, 1996.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 2nd day of januar,y , 1996.
This ordinance was advertised in the Vero Beach Press -Journal on
the 20th day of December, 1995, for a public hearing to be held on the
2nd day of January, 1996, at which time it was moved for adoption by
Commissioner Eggert seconded by Commissioner
Bird and adopted by the following vote:
27
JANUARY 2 1996
® M
ORDINANCE 96- 02
Chairman Fran B. Adams Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin A y e
The Chairman thereupon declared the ordinance duly passed and
adopted this 2nd day of January , 1996.
BOARD OF COUNTY COMMISSION
Attest: INDIAN RIVER COUNTY, FLORIDA
BY
04:S�-
Jeff Barton, Fran B. Adams, Chairman
This ordinance was filed with the Department of'State on January 9, 1996.
JANUARY 2 1996 28 Boa 97 rva,1F.
Bess PiU.
APPENDIX "A"
ANIMAL CONTROL
1. a. The following definitions are added in alphabetical order as
follows:
Section 302.02. Definitions.
Dangerous Dog: The term "dangerous dog" as defined in Florida
Statutes is used synonymously for the term "vicious dog" used
herein.
General: The definitions in Section 767.11, F . S . , shall also apply
to this chapter and the more stringent definition shall apply;
however, in case of irreconcilable conflict between definitions the
Florida Statutes definition shall control.
Leash: A cord, rope or chain which holds an animal under
restraint and is not more than six (6) feet in length.
Proper Enclosure: "Proper enclosure of a dangerous dog" means,
while on the owners property, a dangerous dog is securely
confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children and
designed to prevent. the animal from escaping. Such pen or
structure shall have secure sides and a secure top to prevent the
dog from escaping over, under, or through the structure and shall
also provide protection from the elements.
b. The following definitions are deleted as follows:
Enclosure: Enclosure shall mean a fence or struc-
ture at least six (6) feet in height forming or
causing an enclosure- suitable to prevent the in-
jury of young children, and suitable to confine a
vicious dog in conjunction with other measures
which may be taken by the owner or keeper, such
as tethering of the vicious dog. Such enclosure
shall be securely enclosed and locked and designed
with secure sides, top and bottom and shall be
designed to prevent the animal from escaping the
enclosure.
Tattoo: Tattoo shall mean any permanent num-
bering of a vicious dog by means of permanent ink
with the license tag number issued to the vicious
dog, or any other permanent acceptable method of
tattooing.
c. The following definition which currently reads as follows:
Restraint: An animal shall be considered under
restraint only if it is:
1. Within the real property boundaries of its
owner, or of any other person._ with the ex-
press permission of that person, .or
2. When outside of said boundaries, under the
actual control, custody, or possession of the
owner or other responsible person, by ei-
ther leash, cord, chain or similar device.
is amended to read as follows:
Restraint: An animal shall be considered under restraint
only if it is:
29
JANUARY 2 1996
1. Within the real property boundaries of its owner, or of
any other person with the express permission of that person,
or
e actual
2. When outside or saidsession d of a the under owner thor other
control, custody, leash.
responsible person, by
2. Section 302.03 is amended by the addition of the following
paragraph:
Section 302.03. Annual vaccination and licensing requirement._
b. Veterinarians shall provide the Indian River County Animal
Control authorities with a copy of the vaccination certificate
pursuant to Section 585.69 , F.S.
3. paragraph 5 of Section 302.07 is amended by the addition of the
underlined words as follows:
Section 302.07. Impoundment and disposition.
X X X X X
5. Except for any animal undergoing quarantine pursuant to
section 302.08, an animal which has not been redeemed within five
(5) consecutive days after impoundment, including the day of
impoundment and provided the fifth day falls on a day the facility
is open for business, shall escheat,.to the animal control authority.
The animal control authority is hereby authorized to dispose of the
animal by adoption or destruction through euthanasia as it deems
most humane, in its sole discretion. Adoption fees shall be
collected at the rate established by the designated impoundment
facility, but in any event, no dog or cat shall be released for
adoption without first being sterilized and currently vaccinated for
rabies or without a written agreement from the adopting party
guaranteeing that said animal shall be sterilized and currently
vaccinated for rabies within thirty (30) days following adoption,
unless the sexual maturity of the animal requires a longer period.
An agreement to sterilize and vaccinate for rabies shall be secured
by deposit with the agency from which the animal is adopted of a
sum to be determined by the agency to be refunded without
interest upon presentation of proof that said animal has been
sterilized. Until such animal is actually sterilized licensing fees
shall be levied as if the animal were unsteriLzed. Fall -are to
comply with the agreement shall result in forfeiture of the deposit
to the agency for animal control or related purposes. Upon proof
of sterilization, the division of animal control is authorized, if
requested by the owner, to refund any portion of the current
year's paid licensing fee attributable to the previous unsterilized
status of the animal, as if said animal had been neutered or
spayed for the entire year. All provisions herein pertaining to
the sterilization of adoptive animals shall be interpreted
consistently with the legislative policy and requirement set forth in
F.S. section 832.15 , as may be amended, governing sterilization of
animals released from animal control shelters or agencies.
4. Section 302.09 which reads as follows:
Section 302.09. Determination of vicious dog.
1. In the event that any officer has probable
cause to believe a dog is vicious, he shall conduct
an investigation. If the officer is satisfied after
such investigation that the dog is vicious as de-
fined in this chapter, he shall declare the dog as a
vicious dog and properly notify the owner of the
dog in writing of such declaration. If a determi-
30 BOOK 97 F'AE 30JANUARY 2 1996
nation has been made that a dog is vicious, the
owner shall comply with the provision of this sec-
tion within thirty (30) days of such determination.
If the owner of the dog contests the determination
made by the officer, the owner may, within five (5)
days of such determination, appeal the declara-
tion of viciousness to the director of department of
emergency services by way of written notice. The
director shall decide the issue based upon the pre-
ponderance of the evidence. If the director deter-
mines that the dog is vicious, the director may
establish a time schedule to ensure compliance
with this chapter in no case more than fifteen (15)
days subsequent to the director's determination.
All the determinations of the director shall be in
writing, signed and dated by the director, and shall
contain the finding of facts supporting the deter-
mination. The determination of the director may
be appealed to the code enforcement board of In-
dian River County, Florida, by any owner re-
ceiving an adverse determination from the di-
rector within the time period prescribed by general
law. However, the director shall have the right to
declare a dog to be vicious by reason of any sub-
sequent actions of the dog.
2. Notwithstanding the definition of "vicious
dog," as provided in this chapter, no dog may be
declared vicious if an injury or damage is sus-
tained by a person who, at the time that such
injury or damage was sustained, was committing
a willful trespass or other tort upon premises oc-
cupied by the owner or keeper of the dog, or was
teasing, tormenting, abusing or assaulting the dog
or was committing or attempting to commit a
crime. No dog may be declared vicious if an injury
or damage was sustained by a domestic animal
which at the time such injury or damage was sus-
tained was teasing, tormenting, abusing or as-
saulting the dog. No dog may be declared vicious
if the dog was protecting or defending a human
being within the immediate vicinity of the dog
from aunjustified attack or assault.
3. No vicious dog shall be licensed within In-
dian River County unless the owner and keeper of
such vicious dog shall meet the following require-
ments:
a. The owner or keeper shall present to the
county animal control division proof that
the owner has procured liability insurance
in the amount of at least one hundred thou-
sand dollars ($100,000.00), covering any
-damage or injury which may be caused by
such vicious dog during the twelve-month
period for which licensing is sought.
b. The owner or keeper shall at his own ex-
pense have the registration number as-
signed to such vicious dog by the animal
control division tattooed on such vicious dog
by a veterinarian or other person trained
as a tattooist. The tattoo shall be placed on
the inside right thigh of the vicious dog.
JANUARY 2 1996
31
M M
M
c. The owner or keeper shall also, at his own
expense, purchase a collar or harness from
the animal control division which shall be
worn by the dog at all times. The purpose of
the collar or harness shall be to provide
immediate identification to the animal con-
trol division and the public at large that
the dog has been declared vicious.
d. The owner or keeper shall display a sign on
his premises warning that there is a vi-
cious dog on the premises. Said sign shall
be visible and capable of being read from
the public highway or street.
e. The owner or keeper of a vicious dog must
at all times ensure that the dog is securely
confined indoors, or confined in an enclo-
sure as defined herein. At any time that a
vicious dog is not so confined, the dog shall
be muzzled with a wire basket -type muzzle
in such a manner as to prevent it from
biting or injuring any person or animal, and
kept on a leash with the owner or keeper in
attendance except for the following excep-
tions:
An exception of this section is hereby
provided for any vicious dog while
being transported within the cab or pas-
senger portion of any motor vehicli,
provided said vehicle has a roof, and
the dog is incapable of escape through
an open window, however, the dog shall
be muzzled with a wire basket -type
muzzle in such a manner as to prevent
it from biting or injuring any person or
animal.
C The owner or keeper shall sign a statement
attesting that:
1. The owner or keeper shall maintain
and not voluntarily cancel the liability
insurance required by this section
during the twelve-month period for
which licensing is sought, unless the
owner or keeper shall cease to own or
keep the vicious dog prior to the expi-
ration of such license.
2. The owner or keeper shall, on or prior
to the effective date of such license for
which application is being made, have
an approved enclosure for the vicious
dog on the property where the vicious
dog will be kept or maintained.
3. The owner or keeper shall notify the
county animal control division of any
cancellation, modification, expiration
or termination of the liability insur-
ance policy required by this section.
32 BOOK
JANUARY 2 1996
97 PAU'E ��
Boa 97 P-muc .33
4. The owner or keeper shall notify the
county animal control division imme-
diately if a. vicieus dog is on the loose,
is unconfined, has attacked another an-
imal or has attacked a human being,
or has died or has been sold or given
away. If the vicious dog has been sold
or given away, the owner or keeper
shall also provide to the division the
name, address and telephone number
of the new owner of the vicious dog.
g. The division or any officer is hereby em-
powered to make whatever inquiry is
deemed necessary to ensure compliance
with the provisions of this section, and the
division or any officer is hereby empowered
to seize and impound any vicious dog whose
owner or keeper fails to comply with the
provisions hereof. In the event that the
owner or keeper of the dog refuses to sur-
render the animal to the division or officer,
a search warrant may be obtained from the
circuit court and the dog may be seized upon
execution of the warrant.
4. The provisions of this section shall not apply
to canine dogs owned by a law enforcement de-
partment while such dogs are engaged in the scope
of law enforcement duties.
5. Any vicious dog which does not have a valid
license in accordance with the provisions of this
section or whose owner or keeper does not secure
the liability insurance coverage required in accor-
dance with this section, or which is not main-
tained on property with an enclosure, or which
shall be outside of the dwelling of the owner or
keeper, or outside of an enclosure, or which is not
tattooed, shall be confiscated by an officer and
disposed of in a humane manner after written no-
tice is provided to the owner that such dog has
been confiscated.
6. If any vicious dog shall, when unprovoked,
kill or wound or assist in killing or wounding any
domestic animal or attack, assault, wound, bite or
otherwise injure or kill a human being, the officer
is empowered to issue a citation or to impound the
dog and after written notice to the owner and ex-
piration of the one hundred twenty -hour waiting
period to dispose of such vicious dog in a humane
manner.
7. No person shall be charged under this sec-
tion- unless the dog, prior to the offense alleged,
shall have been declared vicious pursuant to the
provisions of this section.
8. If the owner or keeper of a dog which has
been impounded under this section shall believe
that there has not been a violation of such sec-
tions hereof, the owner or keeper may file a peti-
tion for injunctive relief in the Circuit Court of
the Nineteenth Judicial Circuit in and for Indian
JANUARY 2 1996
33
M M
M
River County, Florida, that the impounded dog
not be destroyed. The petition must be filed within
the rive (5) days of owner's receipt of notice of
impoundment of the dog, and notice of the peti-
tion must be timely served upon the animal con-
trol division. The officer or the division shall have
the right to declare a dog to be vicious for any
action of the dog subsequent to the date of the
violation in question. If the circuit court shall find
that there has been no violation of this chapter,
such dog shall be released to the custody of the
owner or keeper.
9. In the event that the owner or keeper of a
vicious dog is a minor, the parent or guardian of
such minor shall be responsible for complying with
the provisions of this section and shall be liable
for all injuries and property damage sustained by
any person or domestic animal caused by unpro-
voked attack by said vicious dog.
(Ord. No. 91-51, § 1, 12-17-91)
is amended to read as follows:
Section 302.09. Determination of vicious or dangerous do
1. In the event that any animal. conrtrol officer has probable
cause to believe a dog may be vicious, he shall conduct an investi-
gation and shall, if possible, interview the owner and require a
sworn affidavit from any person, including any animal control
officer or enforcement officer, desiring to have a dog classified as.
dangerous. Any animal that is the subject of a dangerous dog
investigation, that is not impounded with the animal control
authority, shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the
investigation and final resolution of any and all hearings related to
the dangerous dog classification. The address of where the animal
resides shall be provided to the animal control officer conducting
the investigation and the animal control authority. No dog that is
the subject of a dangerous dog investigation may be relocated or
ownership transferred pending the outcome of an investigation or
any hearings related to the determination of a dangerous dog
classification.
2. Notwithstanding the definition of "vicious dog," as provided
in this chapter, no dog may be declared vicious if any injury or
damage is sustained by a person who, at the time that such
injury or damage was sustained, was committing a willful trespass
or other tort upon premises occupied by the owner or keeper of
the dog, or was teasing, tormenting, abusing or assaulting the
dog or was committing or attempting to commit a crime. No dog
may be declared vicious if any injury or damage was sustained by
a domestic animal which at the time such injury or damage was
sustained was teasing, tormenting, abusing or assaulting the dog.
No dog may be declared vicious if the dog was protecting or
defending a human being within the immediate vicinity of the dog
from a unjustified attack or assault.
3. After the investigation by the animal control officer, the
animal control director shall make an initial determination as to
whether there is sufficient cause to classify the dog as dangerous
and shall afford the owner an opportunity for a hearing prior to
making a final determination. The animal control director shall
provide written notification of the sufficient cause finding, to the
owner, by registered mail, certified hand delivery, or service in
conformance with the provisions of chapter 48, F.S. , relating to
JANUARY 2 1996 . 34 Boa 97 FAi;E 34
Box 97 wu 3
service of process. The owner may file a written request for a
hearing within 7 calendar days from the date of receipt of the
notification of the sufficient cause finding and, if requested, the
hearing shall be held as soon as possible, but not more than 21
calendar days and no sooner than 5 business days after receipt of
the request from the owner. The hearing shall be before the
director of emergency services. The director shall record the
hearing and shall swear in all witnesses. If the director finds by
a preponderance of the evidence that the dog meets the definition
of vicious dog the director shall immediately classify the dog as
dangerous and issue a written determination with findings of fact.
4. Once a dog is classified as a dangerous dog, the animal
control authority shall provide written notification to the owner by
registered mail, certified hand delivery or service within 5
business days, and the owner may file a written request for a
hearing in the county court to appeal the classification within 10
business days after receipt of a written determination of dangerous
dog classification and must continue to confine the dog in a
securely fenced or enclosed area pending a resolution of the
appeal.
5. Within 14 days after a dog has been classified as dangerous
by the animal control authority or a dangerous dog classification is
upheld by the county court on appeal, the owner of the dog must
obtain a certificate of registration for the dog from the animal
control authority, and the certificate shall be renewed annually.
Animal control authorities are authorized to issue such certificates
of registration, and renewals thereof, only to persons who are 18
years of age and who present to the Indian River County animal
control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the
posting of the premises with a clearly visible warning sign,
meeting County Land Development Regulations, at all entry points
that -informs both children and adults of the presence of a
dangerous dog on the property. Said sign shall be visible and
capable of being read from the street and approved by the animal
control authority.
(c) The owner or keeper shall present to the county animal
control division proof that the owner has procured liability
insurance in the amount of at least one hundred thousand dollars
($100,000.00), with deductible not to exceed five .hundred dollars
($500.00), covering any damage or injury which may be caused by
such vicious dog during the twelve-month period for which
licensing is sought.
(d) The owner or keeper shall, at his own expense, have a
micro -chip implant in the animal for identification purposes as
directed by the animal control authority.
(e) The owner or keeper shall also, at his own expense,
purchase a collar or harness from the animal control division which
shall be worn by the dog at all times. The purpose of the collar
or harness shall be to provide immediate identification to the animal
control division and the public at, large that the dog has been
declared vicious.
- (f) . The owner or keeper shall, at his own: expense, have
the vicious dog sterilized and shall present suitable evidence of
said sterilization by the veterinarian who performed the operation.
35
JANUARY 2 1996
M M M
(g) It is unlawful for the owner of a dangerous dog to
permit the dog to be outside a proper enclosure unless the dog is
muzzled and restrained by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a
manner that will not cause injury to the dog or interfere with its
vision or respiration but will prevent it from biting any person or
animal. The owner may exercise the dog in a securely fenced or
enclosed area that does not have a top, without a muzzle or leash,
if the dog remains within his sight and only members of his
immediate household or persons 18 years of age or older are
allowed in the enclosure when the dog is present._ When being
transported, such dogs must be safely and securely restrained
within the cab or passenger portion of any motor vehicle, provided
said vehicle has a roof, and the dog is incapable of escape
through an open window; provided however, the dog shall be
muzzled in a manner set forth herein.
'(h) The owner or keeper shall sign a statement attesting
that:
(1) The owner or keeper shall maintain and not
voluntarily cancel the liability insurance required by this
section during the twelve-month period for which
licensing is sought, unless the owner or keeper shall
cease to own or keep the vicious d,og prior to the expira-
tion of such license.
(2) The owner or keeper shall, on or prior to the
effective date of such license for which application is
being made, have an approved proper enclosure for the
vicious dog on the property where the vicious dog will
be kept or maintained.
(3) The owner or keeper shall notify the county animal
control division of any cancellation, modification,
expiration or termination of the liability insurance policy
required by this section.
(4) The owner or keeper shall notify the county animal
control division immediately if a vicious dog is on the
loose, is unconfined, or has attacked another animal or
has threatened or attacked a human being, or has died
or has been sold or given away. If the vicious dog has
been sold or given away, the owner or keeper shall also
provide to the division the name, address and telephone
number of the new owner of the vicious dog. If the
vicious dog has died the animal control authority shall be
notified and the remains shall not be destroyed until
identified by the animal control authority.
(i) An annual registration fee of $50.00 shall be paid by the
owner.
The animal control division or any animal control officer is hereby
empowered to make what ever inquiry is deemed necessary to
ensure compliance with the provisions of this section, and the
division or any officer is hereby empowered to seize and impound
any vicious dog whose owner or keeper fails to comply with the
provisions hereof. In the event that the owner or keeper of the
dog refuses to surrender the animal to the division or officer, a
search warrant may be obtained from the circuit court and the dog
may be seized upon execution of the warrant. Any owner or
keeper refusing to surrender the dog on demand may be arrested
36 600K 97 FADE JF)
JANUARY 2 1996
rr,- -1
BOOK 91 37
by a law enforcement officer for interference with an officer in
carrying out his lawful duties.
6. The provisions of this section shall not apply to canine dogs
owned by a law enforcement department while such dogs are
engaged in the scope of law enforcement duties.
7. Any vicious dog which does not have a valid license in
accordance with the provisions of this section or whose owner or
keeper does not secure the liability insurance coverage required in
accordance with this section, or which is not maintained on
property within a proper enclosure, or which shall be outside of
an enclosure, or which is not micro -chip implanted, or which is
not sterilized or the annual $50.00 registration fee is not paid,
shall be confiscated by an officer and disposed of in a humane
manner after written notice is provided to the owner that such dog
has been confiscated.
8. If any vicious dog shall, when unprovoked kill or wound or
assist in killing or wounding any domestic animal or attack,
assault, wound; bite or otherwise injure or kill a human being, the
officer is empowered to issue a citation or to impound the dog
after written notice to the owner and expiration of the one
hundred twenty -hour waiting period to dispose of such vicious dog
in a- humane manner.
9. No person shall be charged under this section unless the
dog, prior to the offense alleged, shall have been declared vicious
pursuant to the provisions of this section.
10. If the owner or keeper of a dog which has been impounded
under this section shall believe that there has not been a violation
of such sections hereof, the owner or keeper may file a petition
for injunctive relief in the Circuit Court of the Nineteenth Judicial
Circuit in and for Indian River County, Florida, that the impound-
ed dog not be destroyed. The petition must be filed within the
ten (10) business days of owner's receipt of notice of impoundment
of the dog, and notice of the petition must be timely served upon
the animal control division. The officer or the division shall have
the right to declare a dog to be vicious for any action of the dog
subsequent to the date of the violation in question. If the circuit
court shall find that there has been no violation of this chapter,
such dog shall be released to the custody of the owner or keeper.
11. In the event that the owner or keeper of a vicious dog is a
minor, the parent or guardian of such minor shall be responsible
for complying with the provisions of this section and shall be liable
for all injuries and property damage sustained by any person or
domestic animal caused by unprovoked attack by said vicious dog.
5. A new Section 302.091 is added to read as follows:
Section 302.091. Victim of Dangerous Do
Any person who is a victim or represents a victim of the dog who
is_ being investigated as _a dangerous dog may intervene in any
proceeding before the animal control director and if the person
intervenes said person may appeal any decision of the animal
control director to the emergency services director or courts as
may be appropriate.
6. Section 302.12 which reads as follows deleted:
Section 302.12. Code enforcement board par-
ticipation.
1. The code enforcement board of Indian River
County is hereby recognized and designated as an
administrative hearing board for the purpose of
37
JANUARY 2 1996
M M
M
assisting with the enforcement of this chapter.
The animal control authority may present an al-
leged violation to the code enforcement board for
a hearing upon due public notice to the parties
concerned, for findings of fact, conclusions of law
and assessment of penalties and fines provided by
this chapter. Such hearings shall be conducted in
accordance with normal code enforcement board
procedures and all fines shall be levied and en.
forced in accordance with the ordinance creating
said board.
2. The board may hear and determine either of
the following matters.
a. An alleged violation of any of the provision
of this chapter.
b. Dangerous or vicious animal determina-
tion appeals upon request of the owner in
accordance with section 302.09.
(Ord. No. 91.51, § 1, 12-17-91)
7. Paragraph 1 of Section 302.16 is amended by the addition of the
underlined words as follows:
Section 302.16. Penalty provisions.
1. Any violation of this chapter, constitutes a civil infraction
and may be punished by a civil penalty not to exceed five hundred
dollars ($500.00) . Penalties for violation of specific sections of
this ordinance shall be established by resolution of the board of
county commissioners. If the person who has committed the
violation does not contest the citation, a civil penalty of less than
the maximum allowed will be assessed, and may be punishable by
civil penalty not to exceed five hundred dollars ($500.00) . Each
day or fraction thereof during which the violation continues shall
be considered as a separate offense. Pursuant to F . S . section
828.27, the board of county commissioners shall impose and collect
a surcharge of five dollars ($5.00) upon each civil penalty imposed
for violation of an ordinance relating to animal control or cruelty.
The proceeds from such surcharges shall be used to pay costs of
the minimum standards training course for animal control officers.
Said surcharges shall be held in a separate account to be used
only for the purpose stated herein. The board of county
commissioners may enforce the provisions of this chapter by
seeking injunctive relief or any other remedy available by law.
38 900K 97 F�GE
JANUARY 2 1996
3'
Boa 97 wu f
RESOLUTION NO. 96- 02
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING THE FEES,
PENALTIES, AND PROCEDURES RELATED TO
THE ENFORCEMENT OF THE ANIMAL CONTROL
ORDINANCE.
WHEREAS,
the Board of
County Commissioners has from
time to
time established
certain fees,
penalties and procedures related
to the
enforcement of the animal control ordinance,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The fees, penalties, and procedures established in Resolution
#93-58 are hereby superseded by this Resolution.
2. The fees, penalties, and procedures are revised as follows:
a. Licensing Fees
1. Female or male, dog or cat, initial or renewal
license, not sterilized -- $10.00 per year.
Increase to $15.00 per year begi Lr October 1,
1996.
2: Female or male, dog or cat, initial or renewal,
sterilized -- $5.00 per year.
3. Half price to be assessed for issuance of any
initial license issued for six months or less.
4. All renewals shall be at full price per category.
5. Additional late charge for licensing after date
required by law -- $5.00.
6. Fee for issuance of duplicate license tag -- $3.00
7. There is no fee required for an animal license for
the year in which the animal is sterilized.
8. There is no license fee required for police dogs
( sheriff and municipal police departments) , sight
assisting dogs and hearing assistance dogs;
however, said dogs are required to be licensed.
39
JANUARY 2 1996
RESOLUTION 96-02
M
9. All licensing fees are to be paid to the
Department of Emergency Services, Animal Control
Division of Indian River County, Florida.
b. Impoundment Fees
$5.00 per diem or part thereof for all animals.
c . Redemption Penalties in addition to Impoundment Fees
Processing Fee of $10.00 for all animals.
First Offense WOW Waived
Second Offense $1$100 $30.00
Third Offense $30100 $60.00
Fourth Offense $00100 $120.00
d. Impoundment fees and redemption penalties shall be paid
during business hours at the Office of the Clerk of
the Circuit Court, Indian River County Courthouse,
2000 16th Avenue, Vero Beach, Florida 32960.
Impoundment and redemption
penalties shall
be
paid
during non -business hours
at a location
to"
be
designated by
the
Animal Control Director.
In
addition to all
other
fees and penalties, there
is a
collection fee of
$5.00
that is to be paid to the
Clerk
of the Circuit Court.
e. An owner shall pay all actual expenses or fees
incurred for which the County has obligated itself for
additional care for quarantine or veterinary services
as an impoundment fee, at time of redemption of the
animal.
f. Rabies vaccination prepayment fee for redemption shall
be $15.00 per animal.
g. Civil penalties for violation of the Code as established
by Resolution.
h. All fees, penalties, charges and expenses shall be paid
prior to release of an animal from an impoundment
facility.
JANUARY 2 1996
sox 97 P,�-E 41
RESOLUTION 96-02
i. All prepaid fees will be forfeited at the end of 90
days,
The resolution was moved for adoption by Commissioner
Eggert and the motion was seconded by Commissioner
B i r d , and, upon being put to a vote, the vote was as
follows:
Chairman Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bi rd Aye
Commissioner Kenneth R. M a c h t A y e
Commissioner John W. Ti p p i n A y e
The Chairman thereupon declared the resolution duly passed
and adopted this 2nd day of _January , 1996.
At
Jeffre Barton, C
BOARD OF COUNTY COMMISSIONERS
INDIAN. RIVER COUNTY, FLORIDA
By S,:S Q,vt-- 6
Fran B. Adams
Chairman
Indian River Ca I Approved -Date
Admin.
Leg 1
Budget
q
Dejt.
Risk Mgr.
Words indicated as 41 t olt jbt0ftb are deletions
from existing law; words indicated as underlined are additions.
-4-
41
JANUARY 2 1996 -
Irtey2.r,rr>Caw
RESOLUTION NO. 96-03
A • RESOLUTION OF INDIAN RIVER COUNTY
PROVIDING FOR THE ESTABLISHMENT OF CIVIL
PENALTIES FOR SPECIFIC SECTIONS OF THE
ANIMAL CONTROL ORDINANCE.
WHEREAS, the Board of County Commissioners of Indian River County
pursuant to Florida Statutes Chapter 828.27
has adopted an animal control
ordinance which provides for the issuance of
citations to persons who have
committed civil infractions in violation of
the duly enacted ordinance and
which provides that the Board may establish
civil penalties up to $500 for
violation of provision of the ordinance.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Indian River County, Florida, as follows:
1. The County does hereby adopt the following schedule of civil
penalties to be imposed for violations of specific sections of the animal
control ordinance:
SECTION DESCRIPTION OF VIOLATION
1ST 2ND 3RD
Sec. 3-3 Failure to vaccinate,
license, collar or harness
$Z$ $50 $100 $200
Sec. 3-5(1) Failure to keep animal
under restraint
$9$ $50 $$0 $100 $1% $200
Sec. 3-5(2) Animal creating nuisance
$XPi $25 $Z$ $50 $1$ $100
Sec. 3-5(3) Failure to confine female
dog or cat in heat
$25 $50 $100
Sec. 3-5(4) Failure to confine or
restrain vicious animal
$100 $200 $300
Sec. 3-5(5) Failure to provide
adequate care to animal
$x$ $50 $$0 $100 $100 $200
Sec. 3-5(6) Exposing poisonous substance
in common area or property of
another
$100 $200 $300
Wordy; to cltc-a Lc+d as L111.14 AlUk4 are dBl9ttc)tls Prom
cXtcattnpC 1"W; words (,'LCSI�.nLocl Eira L121CIEX! Ml Vl are, addtttons.
42
JANUARY 2 1996 BOOK
97 F-mE 4
POOK 97 F.,v 3
RESOLUTION NO. 96- 03
Sec. 3-5(7) Failure to notify owner or
being`put to a vote, the vote was as follows:
Chairman Fran B. Adams Aye
vice Chairman CArolyn K.Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Ti ppi n Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 2 day of January , 1996.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
f............... l�
By aAWA_
Jef fr arton, Cl rk Fran 13. AVams
Chairma
�I
'
lvdr Cn
Acorovad
authority of injury to animal $25
$50
$75
Sec.
3-5(8)
Teasing or molesting an animal$25
$50
&75
Sec.
3-5(9)
Failure to properly confine
or restrain animal in pick-
up truck
$25
$100
$200
Sec.
3-6(c)
Violation of provision of
Chapter 825, F.S.
$50
$100
$200
Sec.
3-9(c)
Failure to comply with
vicious dog licensing and
maintenance requirements
$100
$200
$300
Sec.
3-10
Livestock running at large
$90 $50
$$0 $75
$10 $100
Sec.
3-10
Keeping wild animal in
violation of F.S. 372
$50
$100
$200
Sec.
3-14
Interference with animal
control authority
$$0 $100
$100 $200
$900 $300
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 Fran B. Adams Aye
vice Chairman CArolyn K.Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Kenneth R. Macht Aye
Commissioner John W. Ti ppi n Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 2 day of January , 1996.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
f............... l�
By aAWA_
Jef fr arton, Cl rk Fran 13. AVams
Chairma
�I
'
lvdr Cn
Acorovad
Cate
�.1I rf.
r
/- g, h�
Le•;ai
IPO
it
Geos.
t .--
1�-11-95
! RISK Mgr
Words INiel lc+ftUnd c;M VWk AlUkL ar® from
AXIRtIlIjg IaWZ Wards lndla1ELt0d ac+ uizd42rll"2d ars addltlonE3.
43
JANUARY 2 1996
AWARD BID #6031 - 26TH STREET WATER MAIN
The Board reviewed the following memo dated 12/13/95:
DATE: . December 13, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Directs
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 16031/26th Street Water Main
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Advertisements Mailed To:
Replies: -
Statement of "No Bid"
VENDO
Tri -Sure Corporation
Auburndale, FL
Derrico Construction
Melbourne, FL
Tim Rose Construction
Vero Beach, FL
JoBear, Inc
Palm Bay, FL
Speegle Construction
Cocoa, FL
Martin Paving
Vero Beach, FL
Driveways, Inc
Titusville, FL
Strickler Brothers
Ft Myers, FL
Treasure Coast Contracting
Vero Beach, FL
Hall Contracting
St Petersburg, FL
December 1, 1995
Nov 1, 8, 15, 22, 1995
Twenty -Three (23) Vendors
Ten (10) Vendors
-0-
BID TABULATION
$ 838,750.00
$ 842,885.00
$ 898,951.00
$ j900,192.00
$ 908,950.00
$ 909,375.00
$ 911,516.09
$1,039,540.00
$1,093,087.00
$1,097,376.99
TOTAL AMOUNT OF BID $ 838,750.00
SOURCE OF FUNDS 472-000-169-225-00 - Utilities - Impact
Fees
ESTIMATED BUDGET $1,534,000.00
COMMENDATION
Staff recommends that the bid be awarded to Tri -Sure
Corporation as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
44 Bo®K 97 4
JANUARY 2 1996
830K
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6031 to Tri -Sure Corporation in the amount of
$838,750, as recommended by staff.
SAID AGREEMENT PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
IXORA PARK WAREHOUSE ADDITION, FINAL PAY REQUEST
The Board reviewed the following memo dated 12/13/95:
DATE: DECEMBER 13, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI VICES
PREPARED TERRY H. DRUM
AND STAFFED G.I.S. COORDINATOR
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: IXORA PARK WAREHOUSE ADDITION
BID NO. 5052
INDIAN RIVER COUNTY PROJECT NO. CP9425
FINAL PAY REQUEST
BACKGROUND
On May 16, 1995, the Board of County Commissioners approved the
award of the Ixora Park Warehouse Expansion to Jim Wright
Construction, Inc., in the amount of $44,063.00. (See attached
minutes.) The contractor has completed the project and has
submitted his request for final payment (See attached.)
- ANALYSIS -
All Indian River County requirements have been met, and our testing
has been satisfactorily completed: The original contract price was
$44,063.00. The contractor was previously paid $39,259.80. This
leaves a balance of $4,803.20.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the final pay request of
$4,803.20 to Jim Wright Construction, Inc., as payment in full for
services rendered.
45
JANUARY 2 1996
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the final pay request to Jim Wright Construction,
Inc. in the amount of $4,803.20, as recommended by
staff.
FINAL PAYMENT REQUEST ON FILE IN OFFICE OF THE CLERK TO THE BOARD
VVMSPERING PALMS SID WATER LINE REPLACEMENT
The Board reviewed the following memo dated 12/13/95:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
DECEMBER 13, 1995
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILI S VICES
TERRY H. DRUM
G.I.S. COORDINATOR
DEPARTMENT OF UTILITY SERVICES
WHISPERING PALMS SUBDIVISION
WATER LINE REPLACEMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -95 -29 -DS
WORK AUTHORIZATION -NO. 35
WIP NO. 471-000-169-229.00
On September 21, 1993, the Board of County Commissioners approved
the award of the Labor Contract (Bid No. 4007) to Driveways, Inc.
(See attached minutes.) The Department of Utility Services
utilizes the Labor Contract for renewal and replacement to replace
the distribution system within various areas. This is in response
to the continuing problems of rusting, leaking, and low pressure
with the existing galvanized water lines.
ANALYSIS
The subject project is comprised of the replacement of existing
two-inch galvanized water lines with approximately 2,000 linear
feet of two-inch PVC water main and 226 linear feet of service
laterals along with 21 meter connections.
The cost of the labor to construct the two-inch PVC water main
under the Labor Contract is $22,579.10. (See attached Work
Authorization No. 35 with Driveways, Inc.) The pipe, valves, and
fittings will be supplied by the County at a cost of $8,068.84.
In-house engineering, inspection, and administrative costs are
estimated to be $5,750.00.
The construction of these replacement water lines is a part of a
continuing effort by the department to replace galvanized water
lines in Indian River County. Funding for this project will be
from renewal and replacement funds.
JANUARY 2 1996 46
BOOK 9 7 Fr, E 4 6
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the execution of the attached
agreement, which approves Work Authorization No. 35 with Driveways,
Inc., to construct the water line replacement in the amount of
$22,579.10 to replace an estimated total of 2,000 linear feet of
water main, 226 linear feet of laterals, and 21 meter connections
and authorizes expenditure of $13,818.84 for materials and in-house
support, for a total project cost of $36,397.94.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Work Auth. #35 with Driveways, Inc. to construct
water line replacement in the amount of $22,579.10;
and authorized expenditure of $13,818.84 for
materials and in-house support, for a total project
cost of $36,397.94; as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
VERO HIGHLANDS WATER . ASSESSMENT PROTECT - CHANGE
ORDER #1 AND FINAL PAY REQUEST - TREASURE COAST
CONTRACTING
The Board reviewed the following memo dated 12/15/95:
DATE: DECEMBER 15, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED ROBERT 0. WISEMEN, P.E.n V
AND STAFFED ENVIRONMENTAL ENGINEER r
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: VERO HIGHLANDS WATER ASSESSMENT PROJECT, PART 2
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -94 -01 -DS
BACKGROUND
On July 18, 1995, the Board of County Commissioners awarded the subject
project in the amount of $403,504.00 to Treasure Coast Contracting of Vero
Beach. (See attached agenda.)
47
JANUARY 2 1996
� � i
M
0
ANALYSIS
The project has been completed. All Indian River County requirements have
been met, and we have received clearance from the Department of Environmental
- Protection. Change Order No. 1 (attached) decreased the contract .cost by
$10,220.40, which adjusted the project cost to $393,283.60. This decrease is
due to field quantity adjustments in the number of services, valves, sod and
rights-of-way restoration. The contractor has been paid $353,955.24 to date,
leaving a balance of $39,328.36. The contractor -has submitted Change Order
No. 1 with a final pay request in the amount of $39,328.36.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval of Change
Order No. 1, which reduces the contract price by $10,220.40 to a new contract
amount of $393,283.60 and the final pay request for $39,328.36 for services
rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order No. 1 and Final Pay Request by Treasure
Coast Contracting, Inc., as set out in staff's
recommendation.
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
CROSS -WALK - NEW COURTHOUSE
After a brief discussion, Chairman Adams deferred this matter
until next week's meeting when General Services Director Sonny Dean
would provide a video of the area.
CONEVIITTEE APPOINTMENTS/REAPPOINTMENTS
The Board reviewed the following memo dated 12/28/95:
TO: Board of County Commissioners
FROM: Jan Masi
Administrative Secretary to the Board
DATE: December 28, 1995
Attached is a memorandum indicating terms that will
either expire in January of 1996, or vacancies that need to
be filled.
Also attached is a list of all committees and their
membership upon which I have included information regarding
how many meetings each person has missed during the past 12
months, and how many conflicts have been filed, if any.
JANUARY 2 1996 48 BOOK 97 FAku
48
I
Chairman Adams advised that due to the holidays -and a crowded
schedule, she was unable to confirm some of her appointments. She
suggested that we defer these appointments for two weeks, to the
meeting of January 16, and the Board agreed.
Chairman Adams recognized the attendance of Mayor Bob Baker of
Fellsmere and Mayor Art Firtion :f Sebastian, who wished to thank
the Commission for all they have done in the past year.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:43 a.m.
ATTEST:
. Barton, Clerk
Minutes approved 3 �►
JANUARY 2 1996
49
W
8 Oca-��
Fran B. Adams, Chairman