HomeMy WebLinkAbout11/28/1996� MINUTESMTTTACHED '
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A 0 E- N O- A
TUESDAY, NOVEMBER 28,1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
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
ORDER
2. IS\ 1 , r 1 N None
3. PLEDGE OF Ai i FGTAN F - James E. Chandler
1 1 r r 1D10 174T/ DIJ,l D.__� _ V 1317 ,
1. Add item 7-P, Proclamation Naming December, 1995,
as Drunk and Drugged Driving Prevention Month.
' 191 mvrj: r 1�I 5 iml r 10
Presentation of Proclamation Designating December 1,
1995 as World Aids Day in Indian River County
jjIhl IIIr
Regular Meeting of November 7, 1995
A. Release and Substitution of Conservation Easement -
Lindsey Lanes Subdivision
(memorandum dated November 17, 1995)
1 B. Award Bid #6027 / Calcium Hypochlorite..
(memorandum dated November 17, 1995)
C. Award Bid #6028 / Temporary Employment Services
(memorandum dated November 20, 1995)
D. Award Bid #6029 / Sludge Removal
(memorandum dated November 20, 1995)
WN WTH 0401 pr
E. DeBartolo Realty Corporation's Request for
Final Plat Approval for the4ndian River Mall
(memorandum dated November 16, 1995)
F. DeBartolo Realty Corporation's Request for
Final Plat Approval for the Indian River Mall
East Peripheral Subdivision
(memorandum dated November 16, 1995)
G. DeBartolo Realty Corporation's Request for
Final Plat Approval for the Indian River Mall
West Peripheral Subdivision
(memorandum dated November 16, 1995)
H. Bid No. 6021 - Fleet Management Road & Bridge
Sanitary Sewer
(memorandum dated October 25, 1995)
I. Oslo Road R -O -W Acquisition; Parcel #101-C
(memorandum dated November 17, 1995)
J. 58th Ave. R -O -W Acquisition; Parcel #101-E
(memorandum dated November 17, 1995)
K. 8th Street R -O -W Acquisition; The Laurels
Subdivision - Budget Amendment 006
(memorandum dated November 17, 1995)
L. 26th Street R -O -W Acquisition; Parcel #101
(memorandum dated November 17, 1995)
M. Underwriter for Utility Bond Issue
(memorandum dated November 21, 1995)
N. Temporary Water Service Agreement
IRC and MGB Construction, Inc.
(memorandum dated November 27, 1995)
O. R -O -W Donation, 1st St. S.W. Between 20th
Ave. and 27th Ave.
(memorandum dated November 20, 1995)
YYII 11Y 1
01 We)01W
1/ 04 9 Flu 1 ►Y k N I
None
� � r
9:05 A.M. 9.
A. PUBLIC HEARINGS
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, SETTING FORTH IN ORDINANCE
FORM PREVIOUSLY ADOPTED PROVISIONS
FOR A SIX PERCENT LEVY ON CERTAIN
ELECTRIC UTILITY SERVICES IN INDIAN
RIVER COUNTY, FLORIDA
B. PUBLIC DISCUSSION EFEMS
None
10. COUNTY ADNIMSTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emeroency SeMees
None
C. General Services
Sale of Indian River County Real Property
Van Tassel Request
(memorandum dated November 15, 1995)
D. Leisure Services
None
E. Office of Management and Budget
None
F. Personnel
None
G. P_nblic Works
Utilities Dept. Drop-off/Parking Area Along
South Side of 26th Street
(memorandum dated November 16,1995)
H. IJfilities
None
12. COUNTY ATTO NE
None
13. COMMISSIONERS ITFM4
A. Chairman Kenneth R_ Macht
B. Vice Chairman Fran B Adams
C. Commissioner Richard N Bird
E. Commissioner John W Tinnin
r
14. SPECIAL DISTRICTS
A. Ergency Services District
None
B. Solid Waste nisnosal District
None
C. Environmental Control Board
None
15. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need
to ensure that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's
Americans with Disabilities Act (ADA) Coordinator at 567-8000 x408 at least 48 hours in advance
of meeting.
M M
November 28, 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, November 28,
1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; Richard N. Bird; and John W. Tippin.
Commissioner Carolyn K. Eggert was absent due to illness. 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 Administrator
Chandler led the Pledge of Allegiance to the Flag.
Chairman Macht announced that Commissioner Carolyn Eggert is
at Indian River Memorial Hospital with a blood clot..
ADDITIONS TO THE AGENDA
Chairman Macht requested the addition of Item 7-P,
Proclamation naming December, 1995 as Drunk and Drugged Driving
Prevention Month.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously added
the above item to the Agenda.
PROCLAMATION
Chairman Macht presented the following Proclamation
designating December 1, 1995 as World Aids Day in Indian River
County to Ellen Noble, Health and Safety Director of the Indian
River County Chapter of the American Red Cross, who introduced
Deborah Feltner, District 15 Coordinator, Gerald Pierone, M.D., and
Jean Kline, Director of Nursing, Indian River County Public Health
Unit:
NOVEMBER 28, 1995
1
bov 96 P,A., `673
BOOK 96 PAGE 674
PROCLAMATION
WHEREAS, the global spread of the HIV infection and AIDS neces-
sitates a worldwide effort to increase communication,
education and preventive action to stop the spread of
HIV/AIDS; and
WHEREAS, the World Health Organization has designated December 1
of each year as World AIDS Day, a day to expand and
strengthen the worldwide effort to stop the spread of
HIV/AIDS; and
WHEREAS, the World Health Organization now estimates that 18.5
million people have been infected with HIV and that
more than 1.5 million of them have developed AIDS; and
WHEREAS, the American Association for World Health is en-
couraging a better understanding of the challenge of
HIV/Aids nationally as it recognizes that the number of
people diagnosed with HIV and AIDS in the United States
continues to increase, with an estimated 1 in 250
Americans currently HIV positive and over 441,528 AIDS
cases reported (as of December 31, 1994); and
WHEREAS, World AIDS Day provides an opportunity to focus on HIV
infection and AIDS, caring for people with HIV
infection and AIDS, and learning about HIV/AIDS; and
WHEREAS, World AIDS Day 1995, "Shared Rights, Shared Responsi-
bilities" (a) urges the world to protect everyone's
rights to HIV/AIDS prevention and care, (b) recognizes
that everyone shares the same human rights regardless
of their HIV status, and (c) emphasizes the shared
responsibilities of individuals, families, governments
and the international community to promote prevention:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COWUS-
SIONERS OF INDIAN RIVER COUNTY, Florida, that December
1, 1995 be designated as
WORLD AIDS DAY
in Indian River County, and the Board further urges all
citizens of this county to take part in activities and
observances designed to increase awareness and under-
standing of HIV/AIDS as a global challenge, to take
part in HIV/AIDS prevention activities and programs and
to join the global effort to prevent the further spread
of HIV/AIDS.
Dated this 28 day of November, 1995.
APPROVAL OF MINUTES
BOARD OF COUNTY COM SSIONERS
INDIAN RIVER COUNTY, FLORIDA
nneth R. Moacht,Chairman
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of November 7, 1995. There
were none.
NOVEMBER 28, 1995
2
ON MOTION by Commissioner Adams,
Commissioner Bird, the Board by
(Commissioner Eggert being absent)
approved the Minutes of the Regular
November 7, 1995, as written.
CONSENT AGENDA
SECONDED by
1 4-0 vote
unanimously
Meeting of
A. Release and Substitution of Conservation Easement
- Lindsey Lanes Subdivision
The Board reviewed a Memorandum of November 17, 1995:
TO: The Board of County Commissioners
FROM: tvC_ William G. Collins II - Deputy County Attorney
DATE: November 17, 1995
SUBJECT: Release and Substitution of Conservation Easement - Lindsey
Lanes Subdivision
m.
On July 26, 1994 at its regular meeting, the Board of County Commissioners
approved the concept of creating a 3} -acre native upland "land bank", to be
utilized in future situations where circumstances within the Lindsey Lanes
Subdivision require the release of any platted conservation easements.
A request has been received to debit the land bank by 1,800 square feet
and for the release of the existing conservation easement on Lot 4, Block F,
Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 4, Block F, Lindsey Lanes Subdivision,
Phase I to the land bank placed under conservation easement on August 5
1994 and as recorded at O.R. Book 1030, Page 428, Public Records of Indian
River County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Release and Substitution of
Conservation Easement from Lot 4, Block F, Lindsey
Lanes Subdivision, Phase I to the land bank placed
under conservation easement on August 5, 1994 and
recorded at O.R. Book 1030, page 428, Public Records
of Indian River County.
RELEASE WILL BE RECORDED IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY
NOVEMBER 28, 3 1995 BOOK 96 PACE 675
BOOK 96 PAF 676
B. Bid #6027 - Calcium Hypochlorite - Gorman Company
The Board reviewed a Memorandum of November 17, 1995:
DATE: November 17, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton Powell, Purchasing Manage 4P
SUBJ: Award Bid 06027/Calcium Hypochlorite TT
Utilities Annual Contract
BACKGROUND INFORMATION•
Bid Opening Date: November 8, 1995
Advertising Dates: Oct 25, Nov 1, 1995
Specifications Mailed to: Nine (9) Vendors
Replies: Four (4
BID TABULATION UNIT PRICE TOTAL BID PRICE
Gorman Company (103.00 - 100 $ 2,060.00
Melbourne, FL Lb Drum)
PB & S Chemicals (126.50 - 100 $ 2,530.00
Orlando, FL Lb Drum)
Apperson Chemicals ( 1.29 - $ 2,580.00
Jacksonville, FL 2,000 Lbs)
Jones Chemicals ( 1-65 - $ 3,300.00
Ft Lauderdale, FL 2,000 Lbs)
RECOMMENDATION
Staff recommends the following:
1. Award the bid to Gorman Com�an as the overall low
bidder for Calcium Hypochlorite.
2. Establish an Open End Contract with Gorman Com an
with a• not to exceed amount of $5,000.00 during the
period December 1, 1995 thru September 30, 1996.
Last year's expenditures totaled $3,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6027 to Gorman Company and authorized
an open end contract with Gorman Company in a not -
to -exceed amount of $5,000 for the period from
December 1, 1995 through September 30, 1996, as
recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
NOVEMBER 28, 1995 4
C. Bid #6028 - Temporary Employment Services - At Your Service
The Board reviewed a Memorandum of November 20, 1995:
DATE: November 20, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director fJ
General Services J1"'
FROM: Fran Boynton Powell, Purchasing Manager*
SUBJ: Award Bid 06028/Temporary Employment Services
Road and Bridge Division
BACKGROUND INFORMATION:
Bid Opening Date: November 8, 1995
Advertising Dates: Oct 27, Nov 3, 1995
Specifications Mailed to: Eight (8) Vendors
Replies: Four (4) Vendors
BID TOTAL
Staff recommends the following:
1. Award the bid for Temporary Employment Services to at
Your Service as the lowest, most responsible and
responsive bidder meeting specifications as set forth
in the Invitation to Bid.
2. Establish an Open End Contract with At Your Service,
with a not to exceed amount of $60,000.00 during the
period*December 1, 1995 through September 30, 1996.
Last year's expenditures were $55,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6028 to At Your Service and authorized
staff to establish an open end contract in a not -to -
exceed amount of $60,000 for the period from
December 1, 1995, through September 30, 1996, as
recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
BOOK 96 PACE 67
NOVEMBER 28, 1995 5
(Hourly„Wage)
At Your Services
$6.84
Vero Beach, FL
Norell Services
$7.65
Vero Beach, FL
Labor Finders, Inc
$7.85
Ft Pierce, FL
Manpower Temporary Services
$7.85
West Palm Beach, FL
Staff recommends the following:
1. Award the bid for Temporary Employment Services to at
Your Service as the lowest, most responsible and
responsive bidder meeting specifications as set forth
in the Invitation to Bid.
2. Establish an Open End Contract with At Your Service,
with a not to exceed amount of $60,000.00 during the
period*December 1, 1995 through September 30, 1996.
Last year's expenditures were $55,000.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6028 to At Your Service and authorized
staff to establish an open end contract in a not -to -
exceed amount of $60,000 for the period from
December 1, 1995, through September 30, 1996, as
recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
BOOK 96 PACE 67
NOVEMBER 28, 1995 5
BOOK 96 PAGE 678
D. Bid #6029 - Sludge Removal - Florida Sludge
The Board reviewed a Memorandum of November 20, 1995:
DATE: November 20, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director T #
Department of General Serv' C'Z2 �.,^
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 06029/Sludge Removal
Annual Contract/Utilities Department
BACKGROUND -INFORMATION:
Bid opening Date: November 11, 1995
Advertising Dates: Oct 25, Nov 1, 1995
Specifications Mailed to: Eight (8) Vendors
Replies: Three 3) Vendors
B BID TABULATION
Florida Sludge Removal $ 75,106.65
Vero Beach, FL
Bio Grow Division $ 90,696.05
Pelham, AL
J & J Bake Enterprises $106,775.10
Punta Gorda, FL
RECOMMENDATION
Staff recommends the following:
1. Award the bid for sludge removal to Flor$da Sludge as
the lowest, most responsible and responsive bidder
meeting specifications as set forth in the Invitation
to Bid.
2. Establish an Open End Contract withFloridludcre.
with a not to exceed amount of $60,000.00 during
the period December 1, 1995 through September 30, 1996.
Last years expenditures were $57,000.00.
3. Authorize the Purchasing Manage to renew this contract
subject to satisfactory performance, zero cost
increase vendor acceptance, and the determination that
renewal Is in the best interest of the County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6029 to Florida Sludge and authorized
staff to establish an open end contract in a not -to -
exceed amount of $60,000 for the period from
December 1, 1995, through September 30, 1996, as
recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
NOVEMBER 28, 1995 6
E. DeBartolo Realty Corporation's Request for Final Plat Approval -
Indian River Mall Subdivision
The Board reviewed a Memorandum of November 16, 1995:
TO: James E. Chandler
County Administrator
DI ON HEAD CONCURRENCE:
Obert M. Re t n AICP
Community Develop ant actor
A
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP,�j
Senior Planner, Current Development
DATE: November 16, 1995
SUBJECT: DeBartolo Realty Cbrporation's Request for Final Plat
Approval for the Indian River Mall
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 28, 1995. _
DESCRIPTION AND CONDITIONS:
The Indian River Mall Subdivision is a 10 lot subdivision of 119.68
acres of commercial and residential property which is part of the
overall Indian River Mall DRI area. Lots are being created so that
individual anchor stores can own individual portions of the overall
DRI project site. The subject property will accommodate the mall
development. The subject property is generally located north of SR
60 between 6.6th Avenue and 58th Avenue. The subject property is
zoned CG (General Commercial) and RM -6 (Residential Multi -Family up
to 6 units/acre) and has C/I (Commercial/ Industrial) and M-1
(Medium Density up to 8 units/acre) land use designations.
On October 26, 1995, the Planning and Zoning Commission, granted
preliminary plat approval for the proposed subdivision. The owner,
DeBartolo Realty Corporation, through its agent Carter Associates,
Inc., is now requesting final plat approval and has submitted the
following:
1. A final plat in conformance with the approved preliminary
plat.
ANALYSIS:
The subdivision and platting chapter of the county's land
development regulations allows developers to "plat -over" site plan
projects to allow the fee simple transfer of property underneath
and around individual structures. Normal subdivision lot dimension
and lot roadway frontage requirements are waived for such plats.
The approved site plan controls the development of the project,
including setbacks and separation between structures, while the
subdivision plat delineates common areas and creatds lots that can
be sold. The site plan and certificate of occupancy for the mall
will control the provision of all of the required improvements.
Since necessary improvements have been approved through and are
controlled by the site plan process, no subdivision improvements
are required. The use of the proposed lots will be tied to
improvements completed with the mall development. No certificates
of occupancy (C.O.) will be issued for buildings on the proposed
lots until the improvements necessary to serve the mall have been
completed, inspected, and approved through normal site plan
procedures.
All applicable requirements regarding final plat -approval have been
satisfied. Pursuant to the local developer's agreement executed
last spring by DeBartolo and the county, the developer is required
to warrant utility improvements via a Bill of Sale, prior to the
issuance of a C.O. for the mall. The utilities within the limits
of the plat are the only improvements being publicly dedicated.
Therefore, no guarantees of publicly dedicated improvements are
required at this time.
NOVEMBER 289 1995 7 BOOK 96 PAGE 679
BOOS 96 PnE 6so
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners grant final plat approval for the Indian River
Mall.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the final plat for Indian River Mall
Subdivision, as recommended by staff.
F. DeBartolo Realty Corporation's Request for Final Plat Approval -
Indian River Mall East Peripheral Subdivision
The Board reviewed a Memorandum of November 16, 1995:
TO: James E. Chandler
County Administrator
D ION HEAD CONCURRENCE:
Obert M. Rea g, A WP
Community Devel pme Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP'
Senior Planner, Current Development
DATE: November 16, 1995
SUBJECT: DeBartolo Realty Corporation's Request for Final Plat
Approval for the Indian River Mall East Peripheral
Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 28, 1995.
DESCRIPTION AND CONDITIONS:
The Indian River Mall East Peripheral Subdivision is a 14 lot
subdivision of 28.22 acres of commercial property which is part of
the overall Indian River Mall DRI area. Lots are being cleated so
that individual businesses can own individual portions of the
overall DRI project site. The subject property will accommodate
peripheral commercial uses to the east of the mall facility (see
attachment #2). The subject property is zoned CG (General
Commercial). and has a C/I (Commercial/Industrial) land use
designation.
On October 26, 1995, the Planning and Zoning Commission granted
preliminary plat approval for the proposed subdivision. The
subdivision is designed such that improvements that service the
mall will also service the lots proposed within this subdivision.
The owner, DeBartolo Realty Corporation, through its agent Carter
Associates, Inc., is now requesting final plat approval and has
submitted the following:
1. A final plat in conformance with the approved preliminary
plat.
ANALYSIS:
The subdivision has been laid out to utilize access and utility
improvements provided with the Indian River Mall. Those
improvements are approved and controlled by an approved site plan
that covers the mall and adjacent areas. Therefore, no subdivision
improvements are required since necessary improvements are being
handled through the site pian process. The use of the proposed
lots will be tied to improvements completed with the mall
NOVEMBER 28, 1995 8
development. No certificate of occupancy (C.O.) will be issued for
buildings on the proposed lots until the improvements necessary to
serve the lot(s) have been completed, inspected, and approved
through normal site plan procedures.
All applicable requirements regarding final plat approval have been
satisfied. Pursuant to the local developer's agreement executed
last spring by DeBartolo and the county, the developer is required
to warrant utility improvements via a Bill of Sale, prior to the
issuance of a C.O. for the mall. The utilities within the limits
of the plat are the only improvements being publicly dedicated.
Therefore, no guarantees of publicly dedicated improvements are
required at this time.
Based on the above analysis, staff recommends that the Board of
County Commissioners grant final plat approval for the Indian River
Mall East Peripheral Subdivision.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the final plat for Indian River Mall East
Peripheral Subdivision, as recommended by staff.
G. DeBartolo Realty Corporation's Request for Final Plat Approval -
Indian River Mall West Peripheral Subdivision
The Board reviewed a Memorandum of November 16, 1995:
TO: James E. Chandler
County Administrator
DTIISSION HEAD CONCURRENCE:
Roberteat g, AMW
Community Devel pmen Director
THROUGH: Stan Boling, AICP
Planning Director AAII
FROM: John W. McCoy, AICP���IM
Senior Planner, Current Development
DATE: November 16, 1995
SUBJECT: DeBartolo Realty Corporation's Request for Final Plat
Approval for the Indian River Mall West Peripheral
Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 28, 1995.
DESCRIPTION AND CONDITIONS:
The Indian River Mall West Peripheral Subdivision is a 17 lot
subdivision of 16.63 acres of commercial property which is part of
the overall Indian River Mall DRI area. Lots are being created so
that individual businesses can own individual portions of the
overall DRI project site. The subject property will accommodate
peripheral commercial uses to the west of the mall facility (see
attachment #2). The subject property is zoned CG (General
Commercial). and has a C/I (Commercial/Industrial) land use
designation.
On October 26, 1995, the Planning and Zoning Commission granted
preliminary plat approval for the proposed. subdivision. The
subdivision is designed such that improvements that service the
mall will also service the lots proposed within this subdivision.
The owner, DeBartolo Realty Corporation, through its agent Carter
Associates, Inc., is now requesting final plat approval and has
submitted the following:
1. A final plat in conformance with the approved preliminary
plat.
ANALYSIS:
The subdivision has been laid out to utilize access and utility
improvements provided with the Indian River Mall. These
improvements have been approved through and are controlled by the -
BOOK 96, PAGf 681
NOVEMBER 28, 1995 9
BOOK : 96 PATE 682
approved site plan that covers the mall and adjacent areas. Since
necessary improvements have been approved through and are
controlled by the site plan process, no subdivision improvements
are required. The use of the prcpoced lots will be tied to
improvements completed with the mall development. No certificates
of occupancy (C.O.) will be issued for buildings on the proposed
lots until the improvements necessary to serve the lot(s) have been
completed, inspected, and approved through normal site plan
procedures.
All applicable requirements regarding final plat approval have been
satisfied. Pursuant to the local developer's agreement executed
last spring by DeBartolo and the county, the developer is required
to warrant utility improvements via a Bill of Sale, prior to the
issuance of a C.O. for the mall. The utilities within the limits
of the plat are the only improvements being publicly dedicated.
Therefore, no -guarantees of publicly dedicated improvements are
required at this time.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners grant final plat approval for the Indian River
Mall West Peripheral Subdivision.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the final plat for Indian River Mall West
Peripheral Subdivision, as recommended by staff.
H. Bid #6021 - Fleet Management Road & Bridge Sanitary Sewer -
Timothy Rose Contracting
The Board reviewed a Memorandum of October 25, 1995:
TO: James E. Chandler
County Administrator
THROUGH: H.T. "Sonny° Dean .0#
General Services Director
FROM: Fran Boynton Pow
Purchasing Manager
Roger D. Cain, P r
County Engineer
SUBJECT: Bid No. > 1
Fleet Management Road & Bridge Sanitary Sewer
IRC Project No. 9001
DATE: October 25 1995
BACKGROUND INFORMATION
Bid Opening Date: October 18, 1995
Specifications Obtained by: F�(5 11 Vendors
Replies: Four 4 Vendors
TABULATION
BASE BID
'DEDUCT
CORRECTED
TOTAL
Timothy Rose Contracting, Inc.
5625 Emerson Avenue
$67,758.80
-$8,046.00
$59,712.80
Ft. Pierce, FL 34951
Florida Design Contractors, Inc.
1326 S. Killian Drive
$68,113.25
-$7,040 25
$61,073.00
Lake Park, FL 33403
NOVEMBER 28, 1995 10
Derrico Construction Corporation
$68,737.00
-$6,258.00
$62,479.00
Post Office Box 361177
Melbourne, FL 32936-1177
Jobear, Inc.
$77,874.00
-$8,046.00
$69,828.00
1950 Danr Drive N.E.
Pahn Bay, FL 32905
*NOTE. Deduct is for elimination of 447 LF of 8" sanitary sewer and 1 manhole for
future use.
TOTAL AMOUNT OF BID $59,712.80
FUNDING Account Nos. 111-214-541-06639 and 501-242-591-06639, $30,000.00 each.
RECOMMENDATION
Staff recommends that bid be awarcTed to Tlmothv Rose Contracts _ Inc.. as the lowest,
most responsive bidder meeting specifications for construction of the Road & Bridge
Sanitary Sewer, with elimination of 447 LF of 8" sanitary sewer and 1 manhole for future
use. The resulting contract still shows Timothy Rose Contracting as the low bidder at
$59,712.80. The contractor is agreeable to this reduction. The Contract Agreement is now
being presented for approval and execution by the Chairman and attesting by the Clerk. We
have had four (4) Contract Agreements executed in the original by the proposed contractor,
Ti=ID othy Rose Contracting, Inc. Staff will work closely with Risk Management and the
Attorney's Office in getting those offices' approval of the insurance certificates and bonds
prior to issuing the Notice to Proceed.
ALTERNATIVES & ANALYSIS
Alternative No. 1. The Board award the contract to Ti=m othy Rose Contracting, Inc. and
direct the Chairman to execute the agreement on behalf of the Board of County
Commissioners. Staff further recommends that the Board direct that all bonds, insurance
certificates and other formalities as required by the terms of the contract and bid documents
be submitted and approved by the appropriate staff departments responsible, including the
Attorney's office prior to issuance of a Notice to Proceed by the Department of Public
Works.
Alternative No. 2 The Board reject the bids and not award the contract.
Staff recommends Alternative No. 1.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
awarded Bid #6021 to Timothy Rose Contracting, Inc.
in the amount of $59,712.80, pursuant to
recommendations by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
NOVEMBER 28, 1995 11 BOOK 96 Fa.0 683
BOOK 96 PACE 684
I. Oslo Road Right -of -Way Acquisition - Parcel #101-C - Laurel Builders,
Inc.
The Board reviewed a Memorandum of November 17, 1995:
TO$ James E. Chandler
County Administrator
TBROUGS: James W. Davis, P.E.
Public Works Directo
AND .,(
Terry B. Thompson, P.E.
Capital Projects Manage^rte
PROMS Donald G. Finney, SRA
County Right -of -Way Agent CONSENT AGENDA
SUBJECTS Oslo Road Right -of -Way Acquisition; Parcel #101-C
DATE$ November 17, 1995
DESCRIPTION AND CONDITIONS
An additional 70' of right-of-way is needed along Oslo Road west of
58th Avenue for the paving improvement project.
The property owner has executed a $24,864 contract at the appraised
value of $14,400 per acre for the A-1 zoned land.
This is the second of three equal payment annual purchases. The
Board of County Commissioners, on September 20, 1994, approved the
three annual purchases at $24864 each purchase.
There are no appraisal or attorney fees.
517TNFPM
.
Staff requests the Board of County Commissioners approve the second
purchase and authorize the Chairman to execute the contract.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the, Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Contract with Laurel Builders, Inc. in
the amount of $24,864, as recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
T. 58th Avenue Right -of -Way Acquisition - Parcel #101-E - Laurel
Builders, Inc.
The Board reviewed a Memorandum of November 17, 1995:
TO: James E. Chandler
County Administrator
TSROUCM: James W. Davis, P.E.
Public Works Directo
AND
Terry B. Thompson, P.���-)1
Capital Projects ManagBf
PROMS Donald G. Finney, SRA �+• t .
County Right -of -Way Agent
SMUECT: 58th - Avenue Right -of -Way Acquisition; Parcel #101-E
DATE: November 17, 1995
NOVEMBER 28, 1995 12
An additional 20' of right-of-way is required in addition to the
56' width right-of-way previously purchased on 58th Avenue for the
paving improvement project from SR 60 to Oslo Road. On Parcel #101
previously purchased, an additional .01 acre of right-of-way is
needed at the appraised value and is also included in the contract
at $144.00.
The property owner has executed a $16,704 contract at the appraised
value of $14,400 per acre for the A-1 zoned land.
There are no appraisal or attorney fees.
. �iZ4�1IV=. •
Staff requests the
$16,704.00 purchase
contract.
ON MOTION
Commissioner
by
Board of County Commissioners approve the
and authorize the Chairman to execute the
Commissioner Adams, SECONDED by
Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Contract with Laurel Builders, Inc. in
the amount of $16,704, as recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND.RECEIVED
K. 8th Street Right -of -Way Acquisition - The Laurels Subdivision - Laurel
Homes. Inc. - Budget Amendment 006
The Board reviewed a Memorandum of November 17, 1995:
TO: James E. Chandler
County Administrator
TMOUGMt James W. Davis, P.E.
Public Works Directo
AND
Roger D. Cain, P.E v�
County Engineer
FRON: Donald G. Finney, SRA
County Right -of -Way Agent
SIIBJBCT: 8th ' Street Right-of-way Acquisition, The Laurels
Subdivision - Budget Amendment 006
DATE: November 17, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on the north side of 8th Street
for future widening. The property owner has dedicated 201 of
right-of-way on the plat and the county is to purchase an
additional 201.
The property owner has executed a contract to deed the 20' right-
of-way to the county for a selling price of $13,340.00 which is the
same price the parent property was purchased at ($29,000 per acre).
There are no appraisal fees or attorneys fees.
Staff requests the Board of County Commissioners approve the
$13,340.00 purchase, and authorize the Chairman to execute the
contract, and approve the attached budget amendment.
Boa 96 pAu685
NOVEMBER 28, 1995 13
BOOK 96 PAGE 6.86
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Contract with Laurel Homes, Inc. in the
amount of $13,340 and approved Budget Amendment 006,
as recommended by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
TO. Members of the Board BUDGET AMENDMENT: 006
of County Commissioners
FROM: Joseph A Baird . DATE: November 21. 1995
OMB Director
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
ROAD M PROVEM NT FEE/Right-of-Way
101-156-541-066.12
$13,400
$0
REVENUE
ROAD 1MPROVEMENT FEE/Cash Forward
101-000-389-040.00
$13,400
$0
L. 26th Street Right -of -Way Acquisition - Parcel #101 - Laurel Homes,
Inc.
The Board reviewed a Memorandum of November 17, 1995:
TO: James E. Chandler
County Administrator 1
TSROUGB: James W. Davis, P.
Public Works Directo
AND
Roger D. Cain, P.E
County Engineer
FROM: Donald G. Finney, SRA.
County Right -of -Way Agent
SUBJECT: 26th Street Right -of -Way Acquisition; Parcel #101
DATES November 17, 1995
DESCRIPTION AND CONDITIONS
Sixty feet of additional right-of-way is required for the paving
improvement project between 58th Avenue and 66th Avenue on 26th
Street.
Consideration for the donated right-of-way will be no assessment
for paving, construction, utilities, drainage or any other expenses
associated with 26th Street improvements.
There are no appraisal fees or attorneys fees. The cost to
purchase by Eminent Domain would be more than the contract
consideration and the settlement is equitable in lieu of
condemnation.
RECONIlYRENDATION
Staff requests the Board of County Commissioners approve the
contract and authorize the Chairman to execute the contract.
NOVEMBER 28, 1995 14
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Contract with Laurel Homes, Inc'. with
consideration for the donated right-of-way being an
agreement that there will no assessment for paving,
construction, utilities, drainage, or any other
expenses associated with 26th Street improvements,
pursuant to recommendations of staff.
CONTRACT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
M. Underwriter for Utility Bond Issue - Smith -Barney and William R.
Hough & Company
The Board reviewed a Memorandum of November 21, 1995:
TO:
DATE:
SUBJECT:
Members of the Board
of County Commissioners
November 21, 1995
UNDERWRITER FOR UTIIITY BOND ISSUE
CONSENT AGENDA
FROM: Joseph A
OMB Director(�D'
ESCRIPTION AND CONDMONS
Indian River County is presently working on a Revenue Bond Issue to fiord future Utility projects.
The Bond Issue would be secured by the Revenues of the Water and Sewer Utility Systems.
Presently we are anticipating the size of the issue to be between $35,000,000 to $45,000,000 based
on the list of projects fivaished by the Utilities Department to the Budget Office.
Indian River County has had the policy of competitively bidding all General Obligation Bond Issues.
Revenue Bond Issues are negotiated because the underwriters are hired to assist in structuring the
official statement to get the most preferable interest rate. This is standard practice in the industry.
About three years ago Indian River County did a Request for Proposal to choose an underwriter for
&rture Revenue Bond Issues. William R. Hough & Co. was chosen in the selection process because
of their expertise with Utility Bond Issues. They have done an excellent job restructuring and
consolidating all our utility debt, refimdmg F.H.A., and enabling all future utility debt to be issued in
parity.
Indian River County recently did a sealed competitive bid Bond Issue for Environmentally Sensitive
Land in which Smith -Barney was the low bidder on the bonds. Since Smith -Barney aggressively bid
the Environmentally Sensitive Land Bond Issue and because of William R. Hough & Co. Utility
experience we feel they should jointly have an opportunity to be the underwriter for the Utility Bond
Issue.
RECOMMENDATION
Staff recommends.the Board of County Commissioners approve both Smith -Barney and Wiliam R.
Hough & Co. to be the joint underwriters on the next Utility Bond Issue and authorize staff to
negotiate the terms and conditions.
NOVEMBER 28, 1995
15
BOOK 96 pnE 68 7
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved both Smith -Barney and William R. Hough &
Co. to be the joint underwriters on the next Utility
Bond Issue and authorized staff to negotiate the
terms and conditions, pursuant to recommendations by
staff.
96 FAfE 688
N. Temporary Water Service Agreement - MGB Construction, Inc.
The Board reviewed a Memorandum of November 27, 1995:
DATE: NOVEMBER 27, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PI
DIRECTOR OF UTI SERVICES
PREPARED JAMES D. CHAST
AND MANAGER OF ASS T�T% ROJECTS
STAFFED BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: TEMPORARY WATER SERVICE AGREEME[dT
INDIAN RIVER COUNTY AND MGB CONSTRUCTION INC.
BACKGROUND
MGB Construction Incorporated has requested that temporary service
be installed from the water line on Barber Street to service their
property on Tulip Drive, Sebastian, Florida prior to the
installation of a water main on Tulip Drive.
The Agreement states that the Indian River County Department of
Utility Services shall provide temporary water service to MGB
Construction Incorporated until such time that a water line may be
constructed on Tulip Drive by assessment. They agree to pay all
fees required to make this connection.. They further agree to
participate in the assessment and to reconnect to this water line
as required by the Indian River County Department of Utility
Services.
RFCOMMEN�TION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with MGB
Constructions Incorporated on the Consent Agenda.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Agreement with MGB Construction
Incorporated, pursuant to recommendations by staff.
AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
NOVEMBER 28, 1995 16
1]
O. Right -of -Way Donation -1st Street SW Between 20th Avenue and 27th
Avenue - Lee Nuzie
The Board reviewed a Memorandum of November 20, 1995:
TO: - James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Direct0
SUBJECT: Right -of -Way Donation - 1st Street SW Between 20th Avenue and 27th Avenue
REF. LETTER: Lee Nuzie to James Davis dated Nov. 20, 1995
DATE: November 20, 1995
DESCRIPTION AND CONDITIONS
Lee Nuzie, owner of a 5.71 acre parcel luted just north of 1 st Street SW between 27th Avenue and
20th Avenue, is offering to donate 20 additional feet of right-of-way along his 982' frontage if 1st
Street SW, a collector road, is paved with no assessment applied to his property.
ALTERNATIVES AND ANALYSIS
The County staff is of the opinion that this road is needed to serve cast/west traffic in this area. The
existing County maintained unpaved road is the only direct collector road between 4th Street and
Oslo Road (I '% mile spacing). The increase in traffic on 4th Street and opening of the new Oslo
Middle School on 20th Avenue justify the need for paving this one half mile section. Funding for
construction was approved in the 1995/96 budget using local option gas tax revenue. This road has
no driveway connections along the south of the corridor since a County owned utility complex and
.residential properties have access to 27th and cannot access 1st Street SW. Mr. Nuzie's property
and residential properties along the north would receive the only direct benefit, all but two of which
have frontage on other north/south residential streets.
The alternatives presented are:
Alternative No. 1
Accept Mr. Nuzie's proposal for right-of-way donation and pave the road using
budgeted funds.
Alternative No. 2
Deny the right-of-way donation.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1.
ON MOTION k
Commissioner
(Commissioner
accepted Lee
donation and
budgeted fun,
staff.
NOVEMBER 28, 1995
Commissioner Adams, SECONDED by
Bird, the Board by a 4-0 vote
Eggert being absent) unanimously
Nuzie's proposal for right-of-way
authorized paving the road using
a, pursuant to recommendations by
17
BOOK
96 PACE 689
FF,_ I
BOOK 96 FAGS 699
P. Proclamation - Drunk and Drugged Driving Prevention Month
PROCLAMATION
WHEREAS, in 1994 Florida recorded its first increase in the number of people killed in alcohol-
related traffic crashes since 1988; and
WHEREAS, the number of people reported injured during 1994 in alcohol-related traffic crashes also
increased from the previous year, and
WHEREAS, law enforcement officers from the Indian River County Sheriffs Office, Florida Highway
Patrol, Florida Marine Patrol, Florida Game and Fresh Water Fish Commission, Florida Office of Motor
Carrier Compliance and local police departments throughout the county have exhibited leadership in protecting
the public from the drunk drivers; and
WHEREAS, the Florida Department of Transportation and the Florida Department of Health and
Rehabilitative Services are providing assistance in the development of community-based traffic safety
programs with impaired driving emphasis; and
WHEREAS, citizen advocacy groups, including MADD, SADD, RID and BACCHUS, are continuing
their efforts to reduce the incidence of driving under the influence in Florida; and
WHEREAS, the use of alcohol and drugs while operating motor vehicles and boats can best be
combatted by local communities and an informed citizenry that understands the dangers of operating motor
vehicles and boats while impaired:
NOW, TMIEFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA that the month of December, 1995 be designated as
DRUNK AND DRUGGED DRIVING PREVENTION MONTH
in Indian River County, and the Board urges all citizens to become more cognizant of the dangers associated
with impaired driving and to support the fight against driving while under the influence of alcohol and other
drugs on Florida's highways and waterways.
Dated this 28 day of November, 1995.
BOARD OF COUNTY COMIVIISSIONERS
INDIAN RpeER COUNTY, FLORIDA
R
NOVEMBER 28, 1995 i 8
ORDINANCE SETTING FORTH IN ORDINANCE FORM PREVIOUSLY
ADOPTED PROVISIONS FOR A SIX PERCENT LEVY ON CERTAIN
ELECTRIC UTILITY SERVICES IN INDIAN RIVER COUNTY
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beech, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press.Journal, a daily newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
In the matter of t�%1/.Gr�iZ1GG.^J�
In the Court, was pub-
`i2�%✓i!`�Z� /S+i ���5
n, Ftp
fished In said newspaper in the issues of
Metq�
lith
so for kup
Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at
Q1106 hus al
aax" am
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
lllnd� PC"
been continuously published In said Indian River County, Florida, each daily and has been
Nryar ahs
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun
to atm
�a
ty. Florida, for a period of one year next preceding the first publication of the attached copy of
1vWW
advertisement; and affiant further says that he has neither paid nor promised any person, firm
"= N- -
or corporation any discount, robots, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper,
*we Ift
in =
With
�.�`
pRRAf47 d subscribed jefo�me this; �•/6 day o A. 19 SAL
Re d0! tl I
y, lags
•'0 qs�; r '•IBusinesa
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✓,� '�+n.E, • G I .I:fuJ1:,c .vnAGIIF.No1ARVPInnK:
Re
At 19 NrCe : M of I na•:a, Ida C,xrrrmsswn I ■p. Juno 29. fill?
V1 i• �(y� ,?i f.rnrurns an Nur ': CC300512
c'�_-'-^ltd • '� I.f.,,�n'f *,�.1.-�.. _..t-.� .
_
I )A PMARA r; SPRAGUF
ap ' 6 -Wad" Mtll
01 rN and b won
Wd igae �tl'I
County Attorney Vitunac advised the Board that this does not
impose a new tax but simply puts on the books a tax already being
imposed.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved Ordinance 95-33 setting forth in ordinance
form previously adopted provisions for a six percent
levy on certain electric utility services in Indian
River County, Florida.
Boa 96 PacE 6
NOVE19
MBER 28, 1995 �1
ORDINANCE 95- 33 BOOK
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, SETTING FORTH IN ORDINANCE FORM
PREVIOUSLY ADOPTED PROVISIONS FOR A SIX
PERCENT LEVY ON CERTAIN ELECTRIC UTILITY
SERVICES IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, Indian River County by Resolution 77-104 as amended
by Resolution 77-112 granted a franchise to Florida Power and Light
with a six percent franchise fee on the sale of electrical energy in
Indian River County, Florida; and
WHEREAS, Indian River County by Ordinance 86-90 imposed a
"fee -in -lieu -of -franchise" fee of six percent on customers in the
unincorporated area of the County receiving water, sewer, and/or
electric service from the City of Vero Beach; and
WHEREAS, orderly administration dictates that these levies be
memorialized in the County Code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
A new Chapter 211 is added to read as follows:
Chapter 211 - Levy on sale of electrical energy.
Section 211.01. Franchise fee.
As originally imposed by Resolution 77-104 as amended by
Resolution 77-112 and as now reconfirmed by ordinance, there
shall be a franchise fee of six percent on the sale of
electrical energy by Florida Power and Light in Indian River
County.
Section 211.02. Fee -in -lieu -of -franchise -fee.
Pursuant to Ordinance 86-90 there exists in Indian River
County a "fee -in -lieu -of -franchise -fee" fee of six percent on
the sale of electric energy by the City of Vero Beach in the
unincorporated area of the County.
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any 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.
A certified copy of this ordinance, as enacted, shall be filed by
the Clerk with the Office of the Secretary of State of the State of
Florida within ten days after enactment, and this ordinance shall take
effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 2 8th day of November , 1995.
This ordinance was advertised in the Vero Beach Press -Journal on
the 16th day of N o v e m h e r , 1995, for a public hearing to be held on
the 2 R t h day of Nv a m h o , 1995, at which time it was moved for
adoption -by Commissioner Adams , seconded by Commissioner
Tiepin , and adopted by the following vote:
NOVEMBER 28, 1995 20
M M
96 PAGE 692
M
ORDINANCE 95 - i -j
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John B. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 9 R t h day of N n v P m h p r, 1995-
BOARD OF COUNTY COMMISSION
Attest: INDIAN RI COUNTY, FLORIDA
By
Je€ Barto Clerk I4enneth R. ch , chairman
Effective date: This ordinance became effective upon filing with the
Department of State which took place on 13 day of Dec.
1995. ,
SALE OF INDIAN RIVER COUNTY REAL PROPERTY - RICHARD AND
HELEN VAN TASSEL
The Board reviewed a Memorandum of November 15, 1995:
DATE: NOVEMBER 15, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO$
DEPARTMENT OF GENERAL SERVICES
SUBJECT: SALE OF INDIAN RIVER COUNTY REAL PROPERTY
VAN TASSEL REQUEST
Richard and Helen Van Tassel of 3080 Par Drive, have requested the County sell them a 20'x 105'
parcel of land to extend their property. The land requested is east and on the rear of their present
property. (See Attached Map). The Van Tassel's hired James A. Fowler, Land Surveying Company
to develop a drawing and legal description of the land they are requesting to purchase. A copy is
provided for your perusal.
In accordance with Florida State Statutes, County owned real property can be sold directly to an
individual provided the value of said land is less than $5,000 ascertained by the Property Appraiser,
and no adjoining property owner objects after they are properly notified of proposed sale. The value
of this property has been appraised at $1.93 per square foot or a total of $4,053. Other than the
County, there is no other adjoining property owner that may be affected.
The subject property is a portion of the land purchased for extension of Indian River Boulevard. Tim
Davis, Public Works Director does not object to this sale since he does not foresee a County need
for this parcel, in the firtue.
Staff recommends Board Approval of this Sale in accordance with Florida State Statutes, and
authorize the Chairman to execute the applicable documents to effect this transaction.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the sale of real property to Richard and
Helen Van Tassel in the amount of $4,053, as
recommended by staff.
NOVEMBER 28, 1995 21 BOOK 96 Fare 693
BOOK 96 F,�. �E 69
UTILITIES DEPARTMENT DROP-OFF/PARKING AREA ALONG
SOUTH SIDE OF 261H STREET
The Board reviewed a Memorandum of November 16, 1995:
TO:
James E. Chandler,
County Administrator
FROM:
James W. Davis, P.E.,
Public Works Direct
SUBJECT:
Utilities Department Drop-off/Parking Area along South Side of 26th Street
REF. MEMO:
1) Monte Falls to James Davis dated 10/24/95
2) T.RNason to Clifford Suthard dated 10/09/95
DATE:
November 16, 1995
N
The Public Works Department staff has surveyed the limited area available
between the south curb along 26th Street and the County Administration Building
adjacent to the Utility Department area so that a drop-off/parking area can be
designed to facilitate short term customer usage. A design was accomplished in
the confined area that only includes 10' between the existing building and the
south 26th Street right-of-way line. A one-way driveway alongside three parallel
parking spaces are proposed, most of which lies within the 26th Street road right-
of-way (70' existing). Plans were sent to the City of Vero Beach Engineering
Division for review. The City Engineer noted design concerns including sight
distance. close proximity to the 19th Avenue intersection, potential impacts to oak
trees, etc. These comments were sent to the City Manager for review.
M 1XRNATIVES AND ANALYSIS
The City Manager reviewed the plan and commented that the parking spaces
should be south of the driveway, that the project would be expensive (staff
estimates $20,000), and that the City would not take liability for the design.
Staff previously considered putting the driveway north of the three parallel
Parking spaces, but this design does not provide space for vehicles to stack at a
suitable angle prior to egressing onto eastbound 26th Street. Staff wanted to
avoid motorists turning their head 1800 to look for a break in eastbound traffic.
Neither design is flawless due to limited space. Staff has'also met with the Risk
Management Division on the City s request for Errors and Omission Insurance for
the designer. The Risk Manager recommends the County explore other options.
R_ ECOMMENDAMONS AND FUNDING
The City staff and County staff are of the opinion that the lack of space in this
area precludes the ability to provide an adequate design for a parking lot. Staff
recommends other options be considered.
Administrator Chandler advised of two short-term solutions:
(1) customers could pay at any First Union Bank, and (2) starting
in late January or early February there will be a new type of bill
which will include a return envelope. We will have an architect on
hand and the first part of February, he will have a complete design
on the administration building space needs.
NOVEMBER 28, 1995 22
Commissioner Bird suggested 15 minute parking spaces in those
especially reserved for Board of County Commission members.
Commissioner Adams felt we are back to what we really need and
that is a drive-through in front of the building and then if
utility customers need to do something more, they can park and come
in.
Administrator Chandler said that the Utility Department will
have better figures on how many people just come in to pay their
bills in a couple of weeks. Public Works Director Jim Davis felt
that the back of the building should have a few parking
spaces. Administrator Chandler understood that the Board wants
staff to look at other options and come back to the Board with a
recommendation after the architect determines the space needs for
the administration building.
Commissioner Bird suggested that we defer this until we see
how many customers are coming in for interaction rather than just
paying their bills. He wanted the matter kept on the front burner
and requested that Administrator Chandler come back with an update
on the School Board plans to occupy the old Courthouse annex, etc.
Chairman Macht agreed that plan would be a win-win situation
for the taxpayers and the downtown area. He believed that it is
almost a sure thing that the Courthouse would receive funding for
renovation and that will affect the School Boards decision.
Anthony Masi of 1700 Ocean Drive was encouraged to hear about
keeping the communication going on the renovation of the old
courthouse.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously voted
to defer the matter for more data.
8'OK 9� �,�cF ��
NOVEMBER 28, 1995 23
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:39 a.m.
ATTEST:
c;*QD='� -
J. arton, Clerk
Minutes Approved: 1-02-96
NOVEMBER 28, 1995 24