HomeMy WebLinkAbout4/21/1998MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, APRIL 21,1998
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
John W. Tippin, Chairman (District 4)
Kenneth R. Macht, Vice Chairman (District 3)
Fran B. Adams (District 1)
Carolyn K. Eggert (District 2)
Caroline D. Ginn (District 5)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
4
9:00 a.m. 1. CALL TO ORDER BACKUP
2. INVOCATION Rev. Jim Foxworth PAGES
20th Ave. Church of God
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
1. Delete Item 9.B.1., Mike Ziegler's requestto speak regardingthe landfill vegetative material processing by Consolidated Resource
Recovery.
2. Add item 9.13.2., Richard M. Flim and Robert A. Flim, public discussion regarding sewer assessment on lands being purchased
by the County.
3. Add Item 11.13., Greenleaf Bar (H. L Jacksons Fire Code Violations.
4. Add Item 13.13.1., Carson Platt Estate Property, negotiations with the State, retain Attorney Bill Roberts.
S. Add Item 13.1.2., comments regarding Victim's Rights Ceremony.
5. PROCLAMATION and PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Received and Placed on File in Office of
Clerk to the Board: Report of Convictions,
March, 1998
B. Approval of Warrants
(memorandum dated April 9,1998)
C. Approval for out -of -county travel for Comm.
Macht to attend SHOCAP Implementation
Training - Orlando, FL., May 4-7, 1998
D. Richard Hall's Request for Final Plat Approval
for Heritage Trace at Hobart
(memorandum dated April 15, 1998)
1-8
9-11
12-31
I
BACKUP
7. CONSENT AGENDA (cont'd.): PAGES
E. Records Storage Expansion - Public Health
Change Orders #2, #3, #4 and Approval of
Final Payment Request
(memorandum dated April 24, 1998) 32-38
F. Miscellaneous Budget Amendment #16
(memorandum dated April 15, 1998) 39-44
G. M.A.C.E. Grant Project Generated Income
Budget Amendment # 15
(memorandum dated April 15, 1998) 45-54
H. Collection of Fines, Costs, and Additional
Charges in Criminal Cases
(memorandum dated April 8, 1998) 55-60
I. Purchase of Irwin Tract
(memorandum dated April 15, 1998) 61-67
J. South A 1 A Improvements - Final Release of
Retainage
(memorandum dated April 13, 1998) 68-69
K. Approved Vendor List for Purchase of
Computer Components
(memorandum dated April 15, 1998) 70
L. Payments to Vendors of Court Related Costs
(memorandum dated April 9, 1998) 71-72
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. City of Vero Beach's Request for Special
Exception Approval to Construct an Electri-
cal Substation at the Southwest Comer of
58th Avenue and 26th Street (Quasi Judicial)
(memorandum dated April 14, 1998) 73-91
2. Approval of County Purchase of the "Harmony
Oaks" Property Under the County Environ-
mental Lands Program (Legislative)
(memorandum dated April 15, 1998) 92-109
B. PUBLIC DISCUSSION ITEMS
Mike Ziegler requests to speak regarding the land-
fill vegetative material processing by Consolidated
Resource Recovery
(no backup provided)
•
9. PUBLIC ITEMS (cont'd.):
C. PUBLIC NOTICE ITEMS
None
10. COUNTY ADAW4ISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
1. Approval of Dates for Two Board
Hearings to Consider LDR Amendments
(memorandum dated April 14, 1998)
2. Request for Board Approval of County
Applications to the Fla. Communities
Trust for Cost -Share Funding Under the
Current Grant Cycle
(memorandum dated April 2, 1998)
B. Emergency Services
None
C. General Services
New County Administration Building - Master
Planning/Architect Services
(memorandum dated March 25, 1998)
(re -scheduled from 4-14-98 BCC meeting)
D. Leisure Services
None
E. Office of Management and Budget
None
F. Personnel
None
G. Public Works
None
H. Utilities
Central Region Wastewater Treatment Facility
Construction of Non -Spec Eluent Line
(memorandum dated April 13, 1998)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. Chairman John W. Tiepin
BACKUP
PAGES
110-112
113-125
126
127-135
BACKUP
13. COMMISSIONERS ITEMS (cont'd ): PAGES
B. Vice Chairman Kenneth R. Macht
C. Commissioner Fran B. Adams
D. Commissioner Carolyn K. Eggert
E. Commissioner Caroline D. Ginn
14. SPECIAL DISTRICTS/BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal 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
it meeting.
Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times
throughout the week
Falcon Cable Channel 35 - rebroadcast Friday evening
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 21, 1998
1. CALL TO ORDER ............................................... 1-
2. INVOCATION .................................................. 1-
3. PLEDGE OF ALLEGIANCE ....................................... 1-
4. ADDITIONS TO THE AGENDA .................................. -1-
7. CONSENT AGENDA ............................................ 2-
7.A. Reports ................................................. .2-
7.B. List of Warrants ............................................ 2-
7.C. SHOCAP Implementation Training - Orlando, FL - May 4-7, 1998 - Out -
of -County Travel for Commissioner Macht ...................... .7-
7.D. Heritage Trace at Hobart Subdivision - Richard Hall - Final Plat Approval
........................................................ 9-
7.E. Public Health Building - Records Storage Expansion - Change Order #2, #3
and #4 - Approval of Final Payment Request - E. O. Koch Construction
...................................................... .11-
7.F. Miscellaneous Budget Amendment #16 ........................ .13-
7.G. Sheriff - M.A.C.E. Grant Project Generated Income - Budget Amendment
#15 ................................................... .16-
7.H. County Attorney - Collection of Fines, Costs and Additional Charges in
Criminal Cases .......................................... .17-
7.I. Irwin Tract - e Amendment to Contract ....................... .2o -
7.J. South AlA Improvements - Final Release of Retainage - Kimley-Horn
...................................................... .21-
7.K. Computer Components - Approved Vendor List ................. .22-
7.L. Payments to Vendors of Court Related Costs .................... .23 -
APRIL 21, 1998
H �J
r
9.A.1. PUBLIC HEARING - CITY OF VERO BEACH - SPECIAL EXCEPTION
APPROVAL TO CONSTRUCT AN ELECTRICAL SUBSTATION AT THE
SOUTHWEST CORNER OF 581H AVENUE AND 26TH STREET - MOSBY &
ASSOCIATES (Quasi Judicial) ................................... .24-
9.A.2. PUBLIC HEARING - "HARMONY OAKS" PROPERTY - PURCHASE UNDER
COUNTY ENVIRONMENTAL LANDS PROGRAM - FLORIDA
COMMUNITIES TRUST (FCT) - HARMONY OAKS, INC. - RIVERPOINT,
INC. (Legislative)
............................................................ .52-
9.B.1. PUBLIC DISCUSSION ITEM - MIKE ZIEGLER - LANDFILL VEGETATIVE
MATERIAL PROCESSING BY CONSOLIDATED RESOURCE RECOVERY
............................................................ .59-
9.B.2. PUBLIC DISCUSSION ITEM - RICHARD M. FLINN AND ROBERT A. FLINN
- SEWER ASSESSMENT ON LANDS BEING PURCHASED BY COUNTY
............................................................ .59-
11.A.1. LAND DEVELOPMENT REGULATION (LDR) AMENDMENT
HEARINGS - APPROVAL OF 2 DATES ..................... .63-
11.A.2. APPLICATIONS TO FLORIDA COMMUNITIES TRUST (FCT) FOR
COST -SHARE FUNDING UNDER THE CURRENT GRANT CYCLE -
(SERIES 1998A FUNDING CYCLE) - WABASSO SCRUB ADDITION,
HARMONY OAKS, OYSTER BAR SALT MARSH, AND BLUE GOOSE
SITES................................................. .65-
11.B. GREENLEAF BAR (H. L. JACKSON) - FIRE CODE VIOLATIONS ...... .72-
11.C. NEW COUNTY ADMINISTRATION BUILDING -MASTER
PLANNING/ARCHITECT SERVICES ............................. .77 -
APRIL 21, 1998
11.11. CENTRAL REGION WASTEWATER TREATMENT FACILITY -
CONSTRUCTION OF NON -SPEC EFFLUENT LINE - U.S. FILTER -
DRIVEWAYS, INC . ........................................... .79-
13.B.1. VICE CHAIRMAN MACHT - CARSON PLATT ESTATE PROPERTY -
NEGOTIATIONS WITH THE STATE - RETAIN ATTORNEY BILL
ROBERTS............................................. .80-
13.B.2. VICE CHAIRMAN MACHT - COMMENTS REGARDING VICTIMS'
RIGHTS CEREMONY ................................... .81 -
APRIL 21, 1998
.a '
•
•
April 21, 1998
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on
Tuesday, April 21, 1998, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R.
Macht, Vice Chairman; Fran. B. Adams; Carolyn K. Eggert; and Caroline D. Ginn. Also
present were James E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia "PT' Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Tippin called the meeting to order.
2. INVOCATION
Commissioner Ginn delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Adams led the Pledge of Allegiance to the Flag.
4. ADDITIONS TO THE AGENDA
County Administrator James Chandler requested the deletion of Item 9.B.1., Mike
Ziegler's request to speak regarding the landfill vegetative material processing by
Consolidated Resource Recovery.
Chairman Tippin requested 2 additions to today's Agenda:
1. Add Item 9.B.2., Richard M. Flinn and Robert A. Flinn, public discussion
regarding sewer assessment on lands being purchased by the County.
APRIL 21, 1998
2. Add Item 11-B., Greenleaf Bar (H.L. Jackson), Fire Code Violations.
Commissioner Adams requested the addition of Item 13.B. I., Carson Platt Estate
Property, negotiations with the State, retain Attorney Bill Roberts.
Commissioner Macht requested the addition of Item 13.B.2., comments regarding
Victims' Rights Ceremony.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Adams, the Board
unanimously made the above changes to the Agenda.
7. CONSENT AGENDA
County Attorney Vitunac requested that Item 7.H. be pulled for discussion.
7.A. REPORTS
Received and placed on file in the Office of the Clerk to the Board:
1. Report of Convictions, March, 1998.
7.B. LIST OF WARRANTS
The Board reviewed a Memorandum of April 9, 1998:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: APRIL 9. 1998
SUBJECT: APPROVAL OF WARRANTS
FROM: EDWIN M. FRY. JR.. FINANCE DIRECTOR
In compliance with Chapter 136.06, Florida Statutes, all warrants issued
by the Board of County Commissioners are to be recorded in the -Board minutes.
Approval is requested for the attached list of warrants. issued by the Clerk
to the Board, for the time period of April 2 to April 9. 1998.
APRIL 21, 1998
-2-
0 0
ON - MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the period from April
2, 1998 through April 9, 1998, as recommended by
staff.
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0019307
DANSEREAU, PAULINE
4/02/98
58.03
0019308
WHITE, WAYNE J.
4/02/98
26,750.00
0019309
GREGORY, LORI
4/02/98
105.22
0019310
BRITTON, JUDITH
4/02/98
48.22
0019311
LITTLE, PATRICIA
4/02/98
110.07
0019312
FLORIDA LIBRARY ASSOCIATION
4/03/98
75.00
0019313
LUBBERTS, DANIEL K
4/06/98
300.00
0019314
IRC EMPLOYEE HEALTH INSURANCE-
4/08/98
6,512.50
0019315
TRANS GENERAL LIFE INSURANCE
4/08/98
3,042.90
0240210
A A FIRE EQUIPMENT, INC
4/09/98
353.90
0240211
AMERICAN PUBLIC WORKS ASSOC
4/09/98
40.00
0240212
ADVANCED GARAGE DOORS, INC
4/09/98
120.00
0240213
AERO PRODUCTS CORPORATION
4/09/98
945.98
0240214
AHR, C JONATHAN PHD
4/09/98
500.00
0240215
ALPHA ACE HARDWARE
4/09/98
72.72
0240216
AMERICAN CORRECTIONAL
4/09/98
35.00
0240217
ACTION ANSWERING SERVICE
4/09/98
225.11
0240218
APPLE INDUSTRIAL SUPPLY CO
4/09/98
217.68
0240219
APPLE MACHINE & SUPPLY Co
4/09/98
313.43
0240220
ATCO TOOL SUPPLY
4/09/98
510.56
0240221
AUTO SUPPLY CO OF VERO BEACH,
4/09/98
2,269.85
0240222
AT EASE ARMY NAVY
4/09/98
268.00
0240223
AMERICAN BUSINESS INFORMATION
4/09/98
609.00
0240224
ALPHA HEALTH SERVICE, INC
4/09/98
2,059.23
0240225.
A A ELECTRIC, INC
4/09/98
220.63
0240226
ALL RITE WATER CONDITIONING
4/09/98
112.50
0240227
A T & T
4/09/98
194.61
0240228
ASHWORTH INC
4/09/98
76.40
0240229
AVID READER, THE
4/09/98
285.00
0240230
ATLANTIC COASTAL TITLE CORP
4/09/98
202.00
0240231
ALL COUNTY EQUIPMENT COMPANY
4/09/98
36.00
0240232
AMERICAN LIBRARY ASSOCIATION
4/09/98
356.40
0240233
AUTO PARTS OF VERO, INC
4/09/98
536.49
0240234
ARCH PAGING
4/09/98
91.36
0240235
ATLANTIC COASTAL TITLE CORP
4/09/98
193.00
0240236
AMERISYS, INC
4/09/98
303.40
0240237
A T & T
4/09/98
51.08
0240238
A P C 0 FLORIDA CHAPTER
4/09/98
75.00
0240239
BAKER DISTRIBUTING CO
4/09/98
449.12
0240240
BOARD OF COUNTY COMMISSIONERS
4/09/98
3,551.04
0240241
BETTER BUSINESS FORMS, INC
4/09/98
936.24
0240242
B K MARINE CONSTRUCTION
4/09/98
30.00
0240243
BELLSOUTH MOBILITY
4/09/98
111.35
0240244
BARTON, JEFFREY K -CLERK
4/09/98
2,450.00
0240245
BERGGREN EQUIPMENT CO, INC
4/09/98
195.64
0240246
B & B INDUSTRIAL SUPPLY CO.
4/09/98
2,080.14
0240247
BLATUS,.JAMES
4/09/98
1,074.18
0240248
BOYNTON PUMP & IRRIGATION
4/09/98
57.71
0240249
BILLING SERVICES INC
4/09/98
172.83
0240250
BREVARD BOILER CO
4/09/98
217.00
0240251
BLOOMINGBURG, OTTO
4/09/98
98.94
0240252
BLAKESLEE MAINTENANCE
4/09/98
200.00
0240253
BAKER & TAYLOR ENTERTAINMENT
4/09/98
36.00
0240254
BELLSOUTH
4/09/98
579,92
0240255
BLUE CROSS/BLUE SHIELD OF
4/09/98
17,160.00
0240256
BARER & TAYLOR INC
4/09/98
1,486.62
0240257
BMG
4/09/98
25.44
0240258
BILINGUAL PUBLICATIONS CO
4/09/98
19.95
0240259
CAMP, DRESSER & MCKEE, INC
4/09/98
39,974.00
0240260
CATHCO, INC
4/09/98
16,813.58
0240261
CENTRAL WINDOW OF
4/09/98
966.00
0240262
CHANDLER EQUIPMENT CO, INC
4/09/98
114.12
APRIL 219 1998
_I
APRIL 21, 1998
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0240263
CHANDLER, PHILLIP
4/09/98
200.00
0240264
COMMUNICATIONS INT'L INC
4/09/98
590.96
0240265
CHEMSEARCH
4/09/98
244.84
0240266
COASTAL REFINING & MARKETING
4/09/98
5,515.52
0240267
CLINIC PHARMACY
4/09/98
30.10
0240268
CHASTAIN, JAMES
4/09/98
33.64
0240269
CONSTRUCTION LICENSING
4/09/98
25.00
0240270
CUSTOM CARRIAGES, INC
4/09/98
677.62
0240271
CALL ONE, INC
4/09/98
15.73
0240272
CLEANNET USA
4/09/98
20,537.72
0240273
COMMERCIAL SERVICE COMPANY
4/09/98
191.00
0240274
CROSSROADS ANIMAL HOSPITAL.
4/09/98
15.00
0240275
CHAMPION OF FORT LAUDERDALE
4/09/98
325.36
0240276
CORPORATION OF THE PRESIDENT
4/09/98
26.00
0240277
CARTER, CYNTHIA L
4/09/98
46.02
0240278
CENTER FOR EMOTIONAL AND
4/09/98
142.50
0240279
C C LYNCH & ASSOCIATES INC
4/09/98
566.85
0240280
CULTURAL COUNCIL OF INDIAN
4/09/98
18,162.35
0240281
CENTRAL A/C & REFRIG SUPPLY,
4/09/98
353.90
0240282
DAILY COURIER SERVICE
4/09/98
280.00
0240283
DEBLOIS, ROLAND M.
4/09/98
173.19
0240284
DELTA SUPPLY CO
4/09/98
474.55
0240285
DEPENDABLE DODGE, INC
4/09/98
442.94
0240286
DIRECTOR, KENNETH L MD PA
4/09/98
15.00
0240287
FLORIDA DEPARTMENT OF BUSINESS
4/09/98
138.08
0240288
DOCTOR'S CLINIC
4/09/98
820.70
0240289
DON SMITH'S PAINT STORE, INC
4/09/98
348.74
0240290
DATA SUPPLIES, INC
4/09/98
4,824.23
0240291
DAVIDSON TITLES, INC
4/09/98
5,197.44
0240292
DEAF SERVICE CENTER OF THE
4/09/98
87.50
0240293
DEMCO MEDIA
4/09/98
344.19
0240294
DADE PAPER COMPANY
4/09/98
573.03
0240295
DOWNTOWN PRODUCE INC
4/09/98
176.91
0240296
E -Z BREW COFFEE SERVICE, INC
4/09/98
401.30
0240297
ELLIS K PHELPS AND CO, INC
4/09/98
109.73
0240298
ENVIROMETRIC„,^, INC
4/09/98
389.50
0240299
EGP, INC
4/09/98
749.00
0240300
EDUCATIONAL DIRECTORIES, INC
4/09/98
15.00
0240301
FATHER & SON APPLIANCE Co
4/09/98
88.50
0240302
FEDERAL EXPRESS CORP
4/09/98
23.50
0240303
FISHER SCIENTIFIC COMPANY
4/09/98
91.05
0240304
FLORIDA COCA-COLA BOTTLING CO
4/09/98
460.20
0240305
FLORIDA COURT REPORTERS
4/09/98
334.20
0240306
FLORIDA LIBRARY ASSOCIATION
4/09/98
203.00
0240307
FPL
4/09/98
7,322.35
0240308
FLORIDA UNEMPLOYMENT
4/09/98
4,560.26
0240309
FOOT JOY
4/09/98
1,056.75
0240310
FLOWERS BAKING COMPANY OF
4/09/98
232.55
0240311
FLORIDA DETROIT DIESEL -ALLISON
4/09/98
176.33
0240312
FMC CORP
4/09/98
4,440.00
0240313
FALCON CABLE TV
4/09/98
25.10
0240314
FLORIDAFFINITY, INC
4/09/98
6,604.50
0240315
FLORIDA ANIMAL LEAGUE
4/09/98
27.00
0240316
FLORIDA TECH
4/09/98
13,486.10
0240317
FLORIDA DATABASE SYSTEMS, INC
4/09/98
2,600.00
0240318
FORSYTHE, SUSAN E
4/09/98
81.87
0240319
FLORIDA SHERIFFS ASSOCIATION
4/09/98
50.00
0240320
FLORIDA DEPT OF LABOR & LABOR
4/09/98
21,673.93
0240321
GAVIN, BILL
4/09/96
90.48
0240322
GAYLORD BROTHERS, INC
4/09/98
85.45
0240323
GENTILE, DENNIS
4/09/98
4.10
0240324
GLIDDEN COMPANY, THE
4/09/98
8.55
0240325
GRAYBAR ELECTRIC CO INC
4/09/98
1,636.20
0240326
GOODYEAR AUTO SERVICE CENTER
4/09/98
2,519.92
0240327
GALE RESEARCH, INC
4/09/98
702.98
0240328
GOVERNOR'S HURRICANE
4/09/98
335.00
0240329
GOODYEAR COMMERCIAL TIRE &
4/09/98
1,690.09
0240330
HARRIS SANITATION, INC
4/09/98
439.34
0240331
HI -TECH SERVICING TECH'NS
4/09/98
1,826.40
0240332
HICKMAN'S BRAKE & ALIGNMENT
4/09/98
313.04
0240333
HUMANE SOCIETY OF VERO BEACH
4/09/98
13,240.00
0240334
HOLIDAY INN INTERNATIONAL
4/09/98
207.00
0240335
HYATT REGENCY TAMPA
4/09/98
109.00
0240336
HARRIS COTBERMAN & ASSOCIATES
4/09/98
978.00
0240337
HYATT REGENCY TAMPA
4/09/98
218.00
0240338
HATCH, IRA C PA, TRUST ACCOUNT
4/09/98
10,000.00
0240339
HOLMES, IDA
4/09/98
54.04
0240340
INDIAN RIVER COUNTY
4/09/98
140.00
0240341
INDIAN RIVER ACE HARDWARE
4/09/98
33.96
0240342
INDIAN RIVER BATTERY, INC
4/09/98
225.66
0240343
INDIAN RIVER COUNTY
4/09/98
30.00
0240344
INDIAN RIVER COUNTY UTILITY
4/09/98
102.04
0240345
INDIAN RIVER FARMS WATER
4/09/98
2,076.00
0240346
INGRAM
4/09/98
1,289.77
APRIL 21, 1998
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0240347
INTERSTATE BILLING SERVICE
4/09/98
692.87
0240348
INDIAN RIVER ALL -FAB, INC
4/09/98
320.40
0240349
INTERNATIONAL GOLF MANAGEMENT
4/09/98
70,041.67
0240350
IRC EMPLOYEE HEALTH INSURANCE-
4/09/98
204,763.34
0240351
INTEL GROUP, THE
4/09/98
800.00
0240352
INITIAL POINTS
4/09/98
83.00
0240353
IBERIAN PUBLISHING CO
4/09/98
141.50
0240354
INDIAN RIVER COUNTY SOLID
4/09/98
64.14
0240355
IRRIGATION CONSULTANTS UNLIMIT
4/09/98
199.05
0240356
INDIAN RIVER HAND
4/09/98
54.90
0240357
JACOBS ELECTRIC MOTOR REPAIR
4/09/98
374.21
0240358
JANET'S AUTO TRIM & GLASS
4/09/98
390.00
0240359
JARA, INC
4/09/98
130.00
0240360
JONES CHEMICALS, INC
4/09/98
5,672.87
0240361
JACOBI, SUSAN L.
4/09/98
5.75
0240362
KEATING, ROBERT M
4/09/98
19.14
0240363
KING, JOHN W
4/09/98
23.20
0240364
KNIGHT & MATHIS, INC
4/09/98
124.06
0240365
KEEP AMERICA BEAUTIFUL
4/09/98
1,483.29
0240366
KELLY TRACTOR CO
4109/98
348.00
0240367
KRAMER, NICHOLAS
4/09/98
21.81
0240368
KRUGER CONSTRUCTION CORP
4/09/98
30.00
0240369
KIRBY AUTO SUPPLY
4/09/98
55.73
0240370
KT MOWER & EQUIPMENT
4/09/98
43.98
0240371
KAPLAN, KAREN DC
4/09/98
100.00
0240372
LUCAS WATERPROOFING CO, INC
4/09/98
2,360.00
0240373
LAB SAFETY SUPPLY, INC
4/09/98
42.51
0240374
LOWE'S HOME CENTERS, INC
4/09/98
286.14
0240375
LEWIS, RUTH A
4/09/98
29.67
0240376
LIVE OAK ANIMAL HOSPITAL
4/09/98
10.00
0240377
LIGHT SOURCE BUSINESS SYSTEMS
4/09/98
335.40
0240378
LOPRESTI, ETTA
4/09/98
161.04
0240379
LESCO, INC
4/09/98
246.28
0240380
LOWE'S HOME CENTERS, INC
4/09/98
185.69
0240381
LANGSTON, HESS, BOLTON,ZNOSKO
4/09/98
3,670.86
0240382
MIKES GARAGE
4/09/98
480.00
0240383
MYRON L COMPANY
4/09/98
171.46
0240384
MORGAN AND EKLUND
4/09/98
10,864.92
0240385
MEISTER PUBLISHING CO
4/09/98
8.00
0240386
MATR% MEDICAL, INC
4/09/98
68.90
0240387
MITRON SYSTEMS CORPORATION
4/09/98
325.00
0240388
MEDICAL RECORD SERVICES, INC
4/09/98
11.55
0240389
MCMASTER-CARR SUPPLY COMPANY
4/09/98
83.67
0240390
MERCURY TECHNOLOGIES
4/09/98
373.73
0240391
M & R SPORTSWEAR
4/09/98
70.94
0240392
MURRAY, HELEN LMHC
4/09/98
80.00
0240393
MAGNETHERAPY, INC
4/09/98
28.20
0240394
MAIN STREET HARDWARE, INC
4/09/98
14.75
0240395
MCGUIRE, GEORGE SEAN
4/09/98
104.21
0240396
MR AUTO INSURANCE
4/09/98
122.00
0240397
MABFLI GOLF DIVISION
4/09/98
148.58
0240398
NATIONAL CAREER WORKSHOPS
4/09/98
139.00
0240399
NATIONWIDE ADVERTISING
4/09/98
476.52
0240400
NICOSIA, ROGER J DO
4/09/98
4,760.00
0240401
NAPIER, WILLIAM M
4/09/98
80.64
0240402
NATIONAL ASSOCIATION OF
4/09/98
550.00
0240403
NU CO 2, INC
4/09/98
65.75
0240404
NORTHEAST REGIONAL AGRICULTURL
4/09/98
23.50
0240405
NIKE, INC
4/09/98
1,348.51
0240406
NATIONAL DISTRIBUTION CO., INC
4/09/98
205.90
0240407
NATIONAL PHILATELIC CENTRE
4/09/98
21.95
0240408
OFFICE PRODUCTS & SERVICE
4/09/98
510.88
0240409
OSBORN, MERLE RN
4/09/98
157.00
0240410
OMNIGRAPHICS, INC
4/09/98
34.60
0240411
OFFICE DEPOT, INC
4/09/98
1,980.21
0240412
O'NEIL, LEE & WEST
4/09/98
19,866.60
0240413
PEACE RIVER ELECTRIC
4/09/98
187.57
0240414
PERKINS INDIAN RIVER PHARMACY
4/09/98
477.79
0240415
PETERSON'S
4/09/98
27.36
0240416
PETTY CASH
4/09/98
183.17
0240417
PETTY CASH
4/09/98
62.85
0240418
POSTMASTER- KEITH THOMPSON
4/09/98
100.00
0240419
POSTMASTER
4/09/98
160.00
0240420
PINKERTON, DOREEN A
4/09/98
21.20
0240421
PHYSIO CONTROL
4/09/98
1,677.00
0240422
PORT PETROLEUM, INC
4/09/98
298.05
0240423
PRESS JOURNAL
4/09/98
605.26
0240424
POSTMASTER
4/09/98
128.00
0240425
PROFESSIONAL MEDICAL
4/09/98
123.65
0240426
PAGENET OF FLORIDA
4/09/98
120.89
0240427
PRA%AIR DISTRIBUTION
4/09/98
43.78
0240428
PROFESSIONAL CASE MANAGEMENT
4/09/98
91.00
APRIL 21, 1998
•
APRIL 21, 1998
0
CHECK NAME
NUMBER
CHECK
CHECK
DATE
AMOK
0240429 QUALITY BOOKS, INC
4/09/98
0240430 QUALITY JANITORIAL SERVICE75.39
4/09/98
0240431 ROSELAND VOLUNTEER FIRE DEPT
4/09/98
4/09/98
260.00
0240432 RUSSO PRINTING, INC
4/09/98
0240433 R R BOWKER
4/09/98
157.73
0240434 R & G SOD FARMS
4/09/98
162.59
0240435 RISSMAN, WEISBERG, BARRETT
4/09/98
230.00
0240436 RADISSON PONCE DE LEON GOLF
4/09/98
1,553.64
0240437 RENTAL, 1
4/09/98
158.00
0240438SCHIILTZ, DON L
4/09/98
79.65
0240439 SEBASTIAN BUSINESS SUPPLY, INC
4/09/98
400.00
0240440 SEBASTIAN VOLUNTEER FIRE DEPT
4/09/98
532.51
0240441 SEWELL HARDWARE CO, INC
4/09/9842.00
0240442 SKISCIM,S CAMERA STORE
4/09/98
491.48
0240443 SMART CORPORATION
4/09/98
119.70
0240444 SOUTHERN CIILVERT, DIV OF
4/09/98
16.01
0240445 SOUTHERN EAGLE DISTRIBUTING,
4/09/98
1,531.70
0240446 SOUTHERN ELECTRIC SUPPLY
4/09/98
637.15
0240447 ST LUCIE BATTERY'& TIRE, INC
4/09/98
29.10
0240448 STURGIS LUMBER & PLYWOOD Co
4/09/98
4/09/98
0240449 SUDDEN IMAGES
4/09/98
244.02
0240450 SUNRISE FORD TRACTOR CO
4/09/98
130.00
0240451 SUNSHINE PHYSICAL THERAPY
648.69
02404524/09/98
SERVICE REFRIGERATION CO, INC
4/09/98
120.00
0240453 SHERWOOD, FRANCES G
4/09/98
259.00
0240454 STONE, ROBERT E pA
4/09/98
35.09
0240455SUBSTANCE ABUSE COUNCIL
4/09/98
33.81
8,331.73
0240456 SHELDON, JAMES
4/09/98
0240457 SUPERIOR PRINTING
4/09/98
4/09/98
0240458 SYSCO FOOD SERVICES OF
4/09/98
605.00
0240459 SEBASTIAN, CITY OF
4/09/98
597.07
0240460 SYSTEMATIC SERVICES, INC
4/09/98
3,832.20
0240461 STM COMPANY
4/09/98
3,285.70
0240462 SLEEMAN, DENISE
4/09/98
82.00
0240463 SUNET DIRECT
6.00
0240464 SOUTHERN SECURITY SYSTEMS OF
4/09/98
140.55
0240465 SUNSHINE STATE ONE CALL
4/09/98
3,243.00
0240466 SUPERIOR SIGNALS INC
4/09/98
880.15
0240467 SMITH, NIZA
4/09/98
961.15
0240468 SOLLENBERGER SILOS CORP
4709/98
150.00
0240469 SCH1tOER, STEVE
16,380.004/09/98
0240470 SOUTHPORT APPAREL, INC
4/09/98
41.20
0240471 TEN -8 FIRE EQUIPMENT, INC
4/09/98
741.73
0240472 TRODGLEN PAVING, INC
4/09/98
4,383.46
0240473 TREASURE COAST REFUSE CORP
4/09/98
2,522.50
0240474 TREASURE COAST DATA PROCESSING
4/09/98
272.86
0240475 TRANS -GENERAL LIFE INSURANCE
4/09/98
255.00
0240476 TREASURE COAST COURT
4/09/98
5,601.28
0240477 THOMAS REGISTER OF AMERICAN
4/09/98
655.00
0240478 TIFTON GOLF SERVICES, INC
4/09/98
225.80
0240479 USI, INC
4/09/98
241.92
0240480 US FILTER DISTRIBUTION GROUP
4/09/98
78.06
0240481 VERO BEACH VOLUNTEER FIRE
4/09/98
9,629.11
0240482 VERO BEACH, CITY OF
4/09/98
21.00
49,004.89
0240483 VERO LAKE ESTATES VOLUNTEER
4/09/98
0240484 WALSH, LYNN
4/09/98
15.00
0240485 WEST PUBLISHING PAYMENT CTR
4/09/98
41.76
0240486 WOLSTENHOLME, SEIRLEY
4/09/98
765.25
0240487 W W GRAINGER, INC
4/09/98
27,02
35.00
0240488 WILLIAM THIES & SONS, INC
4/09/98
107.60
0240489 WILSON GOLF DIVISION
4/09/98
0240490 WATER ENVIRONMENT FEDERATION
4/09/98
476.40
0240491 WTTS AM 1490
4/09/98
92.00
0240492 WSCF-FM
4/09/98
30.00
0240493 WELTER_WESTON CHIROPRACTIC
4/09/98
300.00
0240494 WASTE MANAGEMENT, INC
4/09/98
227.80
90,859.00
0240495 WADDELL, RICHARD
4/09/98
500.00
0240496 XEROX CORPORATION
4/09/98
707.92
0240497 RODDENBERRy, ALFRED
4/09/98
258.41
0240498 BLOOMINGBURG, OTTO H
4/09/98
592.40
0240499 KEMP, HAROLD
4/09/98
308.92
0240500 WARD JR, CHARLES
4/09/98
249.92
0240501 FLORIDA ANIMAL LEAGUE
4/09/98
50.00
0240502 SULLIVAN, CHRISTINE
4/09/98
50.00
0240503 GOULET, VICTOR L
4/09/98
100.00
0240504 PRUE, DAVID
4/09/98
34.55
0240505 LANCASTER, DOROTHY
4/09/98
11.87
0240506 KNIGHT, DALE S
4/09/98
22.00
0240507 CAVIT CONSTRUCTION INC
4/09/98
45.46
0240508 SABONJOHN, JAMES
4/09/98
22.00
_ 0240509 CLINGER, MATTHEW N
4/09/98
28.30
0240510 FLORDELIZA, LICILLE
4/09/98
48.17
0240511 BEAZER HOMES FLORIDA INC
4/09/98
64.11
0240512 LA PORTE. ROBERT
4/09/98
47.40
APRIL 21, 1998
0
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0240513
BOYINGTON, RICHARD
4/09/98
22.00
0240514
BEASOCK, MIRE & DAWN
4/09/98
3.91
0240515
RAMSEY, RICHARD
4/09/98
31.58
0240516
CAIVANA, VICTOR & ANTONIA
4/09/98
12.99
0240517
CORNERSTONE SELECT HOMES INC
4/09/98
245.17
860,368.62
7.0 SHOCAP IMPLEMENTATION TRAINING - ORLANDO, FL — MAY 4-7.
1998 - OUT -OF -COUNTY TRAVEL FOR COMMISSIONER MACHT
The Board reviewed letters of April 8 and April 9, 1998:
From: To: KerautlR. Aix Dab: 40M Time: 14:38:18 --
_ � Pagel of 3
1 >
�4.rriff
IIA FAX
April 9. 1998
To:
From:
Re:
SHOCAP Team Members
Sheriff Gary C. R'heoler
GARY C. WHEELER • Indian Wer Comm ^;
-NEnIBER OF FLORIDA SHERIFF'S ASSOCIATION
NIE 1BER OF NATIO\AL SHERIFFS aSSSOCI 7IpK'' ..• ^-^
L F1.0RIDA32960-IBM
SHOCAP Implementation Training
Attached please find the information for the SHOCAP Implementation Training to be held in
Orlando on May 4 through 7.
Please note that should you have to cancel or change your hotel reservation. it is requested that
you contact the hotel directly.
A07 e''&11.Z'
SHERIFF
APRIL 21, 1998
-7-
L'0"i(� U Pd''�c .L
From To: Krxmh it Hach nab: 4NN8 Ttma•. ic4o:co Papa 2 eat 3
~9110 8. 1 U11 wywc r -ax Nunww (M) wm4m
commo row
April 8, I"S
SbmffGary Wbeeler
Iiidtaa River County Sheriffs Office
4055 41st Avenue
Vero Brach. Florida 32M
Dear Shaiff'Wheeier.
I a letter is to minim you that the ladian Riva County SHOCAP team is confirmed for the May
SHOW Implcmentatioo Tratnmg to be conducted to Orlando the week of May 4th thr=*h the 7th.
The lodging arrangements you rimed for your team have been made at the Holiday jxx trrarnw&xW
Drive Rawt at 6515 Inuramdand Drive in Orlando (Attached) This hotel is as bntemanoaai Dnve
rxa I Wet and Wild Atauscm=t Palk and u easily accessible Ban Irnerinte 4 (Take Exit 30A on 1-4 and
make yarn first right on itUctuationai Drive and the hotel wiil be on your right). The ttaintnS is
scheduled to begirt at 8:30 a.m. each morning in the hotel's confaetce room.
Dual to the large number of registrants for dus training, we azu open a pre-regottation table to tlu hotel
lobby m Sunday evening $vin 6.-00 par. to 7:00 p=. Please ask your team to utihax this pre-
regtnatton session to iuip alleviate ixea 'Of the congestion anticipated for Monday morning.
Please note that as the Cattaty Coordinator, you are the only person receiving this mformanom
TJzaefae, it is iactmbent upon yon to disseminate taus iiifowiatson to youir team members. All changes
in hotel rusavatsons utast be made through my office. In the event that anyone titan your team must
cancel thew reservation at the last mortice (atter 5:00 p.m. Friday. May 1st), please bane tb= call the
Hefty Ian Imteramdond D pe Raw directly at (407) 351-3540 to cancel rich own :nom. The
Statewide SHOCAP Initiative vnU slot be itaanmally responsible for any Tooms that ase not properly
cancelled
If tbme is anything fiatha that I can do for you. please cvnxtct myself or Rafael Cboc ron at (830) 487-
1846. I look foiwrat to sexing you in Orlando.
Sincerely.
9peeial Agent Hob Breeders
Statewide SHOCAP Coordinator
H&rc
APRIL 21, 1998
0
•
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved out -of -county travel for
Commissioner Macht to attend the SHOCAP
Implementation Training to be held in Orlando,
Florida on May 4 through 7, 1998.
7.D. HERITAGE TRACE AT HOBART SUBDIVISION - RICHARD HALL - FINAL
PLATAPPROVAL
The Board reviewed a Memorandum of April 15, 1998:
TO: James E. Chandler
County Administrator
D N HEAD CONCURRENCE:
Robert M. Keating, AI P
Community Development hector
THROUGH: Stan Boling J6
Planning Director
FROM: Eric Blad r?
Staff Planner, Current Development
DATE: April 15,1998
SUBJECT: Richard Hall's Request for Final Plat Approval for Heritage Trace at Hobart
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 21, 1998.
DESCRIPTION AND CONDITIONS:
On February 27, 1997, the Planning and Zoning Commission approved the preliminary plat for the
Heritage Trace at Hobart subdivision. Heritage Trace is a proposed 5 lot subdivision of a single 1.6
acre parcel. The subject site is located on the north side of 79th Street, approximately 500' east of
US 1, and is zoned RM -6, Residential Multi -Family (up to 6 units per acre). Each of the 5 lots
access directly from the existing 79' Street, and may be developed as single family or multi -family
home sites. Therefore, the developed density of the overall project will be between 3 and 6
umts/acre, depending upon the type of unit (single family or multi -family) developed. The applicant
has now submitted for final plat approval.
ANALYSIS•
The owner's agent, Mosby & Associates, Inc., is requesting final plat approval and has submitted the
following:
1. A final plat in conformance with the approved preliminary plat;
2. A completed Contract for Construction of Remaining Required Improvements;
APRIL 21, 1998
In
r�
U
3. An engineer's Certified Cost Estimate for the remaining g requite improvements;
4. An appropriate security agreement acceptable to the County Attorney's Office; and
5. A Utilities Developer's Agreement for final utilities concurrency for each lot.
As provided for in the LDRs, the applicant is proposing to "bond -out- for some required drainage
and right-of-way subdivision improvements. The Public Works Department has reviewed and
approved the submitted Engineer's Certified Cost Estimate. The County Attorney's Office has
reviewed and approved the submitted Contract for Construction, and the letter of credit which
represents 115% of the estimated cost to construct the required improvements. It should be noted
that utility improvements within Heritage Trace at Hobart were previously provided and dedicated
to Indian River County. Connection to county utility services for development on each lot will be
guaranteed by the attached Developer's Agreement for final concurrency, upon execution of the
agreement by the county administrator.
Based on the above analysis, staff recommends that the Board of County Commissioners:
1. Grant final plat approval for Heritage Trace at Hobart and
2. Authorize the Chairman to execute the submitted Contract for Construction of Remaining
Required Improvements and accept the letter of credit that secures the contract.
3. Authorize the Administrator to execute the Developer's Agreement for final concurrency
review.
GOV. LO
CL
APRIL 21, 1998
-10-
GOV. LOT
HOBART
\LANOING
•
•
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously granted final plat approval for Heritage
Trace at Hobart; authorized the Chairman to execute
the submitted Contract for Construction of
Remaining Required Improvements; accepted the
Letter of Credit securing the Contract; and
authorized the County Administrator to execute the
Developer's Agreement for final concurrency
review, as recommended by staff.
DOCUMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.E. PUBLICHEALTHBUILDING -RECORDS STORAGE EXPANSION- CHANGE
ORDER #2. #3 AND #4 -APPROVAL OF FINAL PAYMENT ROuEST - E.
O. KOCH CONSTRUCTION
The Board reviewed a Memorandum of April 14, 1998:
TO: Honorable Board of County Commissioners
THRU: James E. Chandler,
County Administrator
H.T. "Sonny" Dean, Director
Department of General Service
FROM: Lynn Williams, Superintendent
Buildings and Grounds Departm t
DATE: April 14, 1998
SUBJECT: Records/Storage Expanse ublic Health Change
Orders #2, #S, #4 and approval of Final Payment
Request
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
The contract for the Records/Storage Expansion of the Indian
River County Public Health Building was approved by the Board of
County Commissioners on August 26, 1997. The original contract
amount was $106,200.00 including additive alternatives accepted.
Change Order #1 was previously approved on December 9, 1997 to
delete floor coverings from the contract. This work was completed
under separate contract. New contract amount is $102,900.00.
APRIL 219 1998
Change Order #2 was requested to allow the Contractor to use
PVC pipe in lieu of cast iron pipe on the two roof drains. This
results in a net deduct of $750.00 to the contract.
Change Order #3 was requested by the owner to reduce the
number of conduits between the telephone closet and the expansion
area. This results in a net deduct of $287.00 to the contract.
Change Order #4 was requested to install two handicap ramps to
improve access into the building. This results in an additive
change of $716.77.
TIVES AND ANALY
Change Orders #2 and #3 result in a net deduct and have no
negative impact to the serviceability or quality of the expansion.
Change Order #4 was requested by the Health Department
Director and improves the accessibility of the facility. This is
an additive change. Approval of Change Orders #2, #3 and #4 result
in a net deduct of $320.53. The new contract amount will be
$102,579.47.
A Certificate of Substantial Completion was issued by the
Architect on April 1, 1998. The punch list has been generated and
the Contractor has completed all remedial work. A final pay
request has been submitted by the Contractor and approved by the
Architect.
The final payment request total is $15,819.47 and includes all
remaining funds including retainage.
RECOMMENDATION AND FUNDING:
Staff recommends acceptance of Change Orders #2, #3 and #4
making the new contract amount $102,579.47. Staff recommends
approval of the final pay request in the amount of $15,819.47 and
authorization for the Chairman to execute.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously accepted Change Orders #2, #3 and #4
making the new contract amount $102,579.47;
approved the final pay request to E. O. Koch
Construction in the amount of $15,819.47; and
authorized the Chairman to execute the documents,
as recommended by staff.
DOCUMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
APRIL 21, 1998
-12-
0
•
•
7.F. MISCELLANEOUS BUDGETAMENDMENT #16
The Board reviewed a Memorandum of April 15, 1998:
TO: Members of the Board
of County Commissioners
DATE: April 15, 1998
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 016
CONSENT AGENDA
FROM: Joseph A Baird
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. The State of Florida, Department of Labor, has charged Indian River County for
Unemployment Compensation payments to former employees. A budget amendment is
required to reflect these payments. (Memo attached from Interim Personnel Director,
Tom Bisaillon).
2. The Indian River County School Board has received and approved a shared services
Network Grant which they passed through $6,000 of it to Indian River County for a
Children Services Network Facilatator. The position will sunset on September 30,1998.
3. On February 10, 1998, the Board of County Commissioners approved the 1997/98
Emergency Services State and Local Assistance (SLA) Grant in the amount of $32,401.
The attached entry appropriates the funds.
4. On January 14, 1997 the Board of County Commissioners approved extending Barber
Street between Sebastian Ii'ighlands and U.S. 1 at a cost of approximately $50,000. The
attached entry appropriates funds.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved Miscellaneous Budget
Amendment #16, as recommended by staff.
APRIL 21, 1998
-13-
•
TO: Members of the Board
of County Commissioners
FROM: Joseph A Bail/
OMB Director/
BUDGET• AMENDMENT: 016
DATE: April 15, 1998
4. REVENUE
ROAD WACT FEE/District 3 101-000-363-930.00 $50,000 $0
EXPENSE
ROAD IMPACT FEE/Constmction in Progs• 101-153-541-066.51 $50,000 so
APRIL 21, 1998
-14-
FundsiDepartment/Account Name
Account Number
Increase
Decrease
Fmber
1.
EXPENSE
GOLF COURSE/Clubhouse/
Unemployrceat coon
418-221-572-012.15
$642
$o
GOLF COURSEfFood and Beverage/
Unemployment Chan
418-232-572-012.15
$72
$0
GOLF COURSE/
418-221-572-036.61
$0
$714
SELF INSURANCE FUND/RWc
MaoagernewUnemployment Cion
502-246-513-012.15
$17
$0
SELF INSURANCE FUND/Risk
Management/Medicare Mfg
502-246-513-012.17
$0
$17
GENERAL FUND/Supervisor of Eledionst
Unemployment Compensation
001-700-519-012.15
$17
$o
GENERAL FUND/Personnel
Unemployment Compensation
001-203-513-012.15
$4,346
$o
GENERAL FUND/Reserve for Contingency
001-199-581-099.91
$0
$4,363
S.W.D.DJtandfilY
Unemployment Compensation
411-217-534-012.15
$22
$0
S.W.D.D Contributions
411-217-534-012.12
$o
$22
2.
REVENUE
GENERAL FUND/Other Misc. Revenue
0014000-369-090.00
$6,000
$0
EXPENSE
GENERAL FUND/Other Contractual Service
001-211-564-033.49
$6,000
$o
3.
REVENUE
GENERAL FUND/EM Matching Grant
001-000-331-023.00
$32,401
$o
EXPENSE
GENERAL FUND/Emergency Service)
All Travel
001-208-525-039.02
$9,726
$0
GENERAL FUNDMmergency Service/
Other Charges -Obligations
001-208-525-039.99
$2,500
$0
GENERAL FUND/Emergency Service/
IDP Equipment
001-208-525466.47
$14,400
so
GENERAL FUND/Emergency Service
Software
001-208-525-037.22
$3,000
$0
GENERAL FUND/Emergency Service/
Outside
001-208-525-034.72
$2,775
4. REVENUE
ROAD WACT FEE/District 3 101-000-363-930.00 $50,000 $0
EXPENSE
ROAD IMPACT FEE/Constmction in Progs• 101-153-541-066.51 $50,000 so
APRIL 21, 1998
-14-
L
TO: Members of the Board
of County Commissioners
FROM: Joseph A Hair
OMB Direaw
BUDGET AAMNDMENT: 016
DATE: Awd 15, 1998
Entry
Number
Frmds/Departmeut/Accrnmt Name
Account Number
Increase
Decrease
1.
EXPENSE
GOLF COURSE/Clubhouse/
Unemployment Coon
418-221-572-012.15
$642
$o
GOLF COURSE/Food and Beverage/
Unemploymeut Conon
418-232-572-012.15
$72
$o
GOLF COURSE)
419-221-572-036.61
$0
$714
SELF INSURANCE FUND/Risk
Management/Unemployment Compensation
502-246-513-012.15
$17
$0
SELF INSURANCE FUND/Risk
Matching
501-246-513-012.17
$0
$17
GENERAL FUND/Supervisor of Elections/
Unemployment Compensation
001-700-519-012.15
$17
$0
GENERAL FUND/Persamud
Unemployment Compensation
001-203-513-012.15
$4,346
$0
GENERAL FUND/Reserve for Contingency
001-199-581-099.91
$0
$4,363
S.W.D.D.JLandfiW
Unemployment Compensation
411-217-534-012.15
$22
$0
S.W.D.D Contributions
411-217-534-012.12
$0
$22
2.
REVENUE
GENERAL FUND/Other Misc. Revenue
0014)00-369-090.00
$6,000
$0
EXPENSE
GENERAL FUND/Other Contractual Service
001-211-564-033.49
$6,000
$0
3.
REVENUE
GENERAL FUND/EM Matching Grant
0014X)0-331-023.00.
$32,401
$0
EXPENSE
GENERAL FUND/Emeageacy ServiceJ
All Travel
001-208-525-039.02
$9,726
$0
GENERAL FUND/Emergency Service)
Other Charges -Obligations
001-208-525-039.99
$2,500
$0
GENERAL FUNDMmergency Service/
IDP Equipment
001-208-525-066.47
$14,400
$0
GENERAL FUND/Emergency Service
Software 001-208-525-037.22 $3,000 $0
GENERAL FUND/Emergency Service/
Outside Printirm 001-208-525-034.72 $2.775 $0
APRIL 21, 1998
•
Z G. SHERIFF - MULTI-AGENCYDRUG ENFORCEMENT UNIT W.A. C.E.)
GRANT PROJECT GENERATED INCOME - BUDGET AMENDMENT #15
The Board reviewed a Memorandum of January 14, 1998:
TO: Members of the Board
of County Commissioners
DATE: January 14, 1998
SUBJECT: MJLC.F- GRANT (MULTI -AGENCY DRUG ENFORCEMENT UNM
PROJECT GENERATED INCOME - BUDGET AMENDMENT 015
CONSENT AGENDA
FROM: Joseph A Baird
OMB Director
Indian River County Sheriffs Department wants to apply to the state to use anti-drug abuse grant
M.A.C.E. Unit income in the amount of $1,073.21. The M.A.C.E. Unit income was generated from
confiscating property in drug related activities. The Sheriff s Department will use the funds to
purchase the items as shown in the attachment.
Staff recommends that the Board of County Commissioners approve the use of funds for equipment
and authorize the Chairman to sign the Project Generated Income.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved Budget Amendment #15, as
recommended by staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A B
OMB Director
BUDGET AMENDMENT: 015
DATE: January 13. 1998
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
MULTI-JUR. REVENUFJ
Cash Forward
1264000-389-040.00
$1,074
$0
EXPENSE
MULTI-JUR./Sheriff/
Other Machinery & Equipment
126-600-521-066.49
$1,074
$0
APRIL 21, 1998
ZH. CoaNTYATToRNEY- COLLECTION OF FINES. COSTS AND ADDITIONAL
CHARGES IN CRIMINAL CASES
The Board reviewed a Memorandum of April 8, 1998:
TO: Board of County Commissioners ct�
FROM: Terrence P. O'Brien, Assistant County Attorney I "
DATE: April 8, 1998
RE: Collection of Fines, Costs, and Additional Charges in Criminal Cases
A meeting was called by Judges Morgan and Wild to discuss the subject matter. I
attended on behalf of the County, and Linda Brown attended on behalf of the
Clerk of the Court. The meeting was held on February 13, 1998.
The central theme was how to more effectively collect fines, costs and other
charges that are assessed against defendants in criminal procedures. A review of
present procedures and practice was made, as well as a review of applicable Florida
Statutes. The "Palm Beach County Collection Court Program" also was
reviewed. The consensus was that this program, while suited to Counties with
large populations and a corresponding large number of cases, was too labor
intensive for a county the size of Indian River County. Patin Beach County has
at least one full time attorney and staff dedicated solely to this collection program.
With respect to Indian River County, a standardized "Order assessing fines, costs
additional charges, and, if indicated, entering judgment" has been developed by
the Judges. In addition, a standardized form for "Final Judgment for Fines,
Costs, and Additional Charges" was prepared. The first form provides for
statutory charges which are set forth in detail in the form and the second reduces
said fines to judgment.
All of the above information is primarily directed to establishing uniform
methods -for imposing fines and costs and establishing judgments when the fines
are not paid. The difficult part is the collection. The Judges, and I agree, are
reluctant to use contempt proceedings for a number of good reasons. The one
method of collection that had universal appeal, especially from the standpoint of
not requiring additional county resources, was the use of a commercial collection
agency for all unpaid judgments.
Recommended Action: In view of the foregoing, it is recommended that the Board
of County Commissioners approved the attached resolution adopting the attached
Order with the fines and costs set forth therein and authorize the issuance of an
RFP looking toward collection of fines and costs by a commercial collection
agency-
APRIL
gency
APRIL 21, 1998
-17-
County Attorney Vitunac introduced Judge David Morgan.
Judge David Morgan, County Judge, advised that the proposed documents are an
attempt to put all court costs together to give the County a uniform way to collect these costs.
These can be collected by the County directly or through a private vendor and the judiciary
hopes this action will give the County a better way to keep track of and collect these costs.
County Attorney Vitunac thanked the judiciary for their cooperation and help.
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Ginn, the Board
unanimously adopted Resolution 98-046 adopting
fines and costs in certain criminal prosecution.
RESOLUTION NO. 98--16
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ADOPTING FINES AND COSTS IN
CERTAIN CRIMINAL PROSECUTION.
WHEREAS, a standardized "Order assessing fines, costs, and
additional charges, and, if indicated, entering judgment" and a related
standardized final judgment will conduce the orderly administration of justice,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The attached two forms entitled "Order assessing fines, costs,
additional charges, and, if indicated, entering judgment" and "Final Judgment
for fines, costs, and additional charges" are hereby approved and adopted."
The resolution was moved to adoption by Commissioner Macht
and the motion was seconded by Commissioner Gi nn and, upon
being put to a vote, the vote was as follows:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Caroline D. Ginn
Aye
APRIL 219 1998
-18-
• 0
•
The Chairman thereupon declared the resolution duly passed and
adopted this 21 day of Apri 1 , 1998.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
Jeffrey K. Barton, Clerk ohn W. fipr5ini,/Clfiirman
IN TM COUNTY COURT OF THE NINEPEEN7'H JUDICIAL CIRCUIT,
CRAGNAL DIVISION, IN AND FOR INDIAN RIVER COUNTY, FLORIDA
StateofFlorida,
VS. Case No:
Defendant
Social Security No.
Dam ofBb*
ORDER ASSESSMG FINES_ r Orr S ADDITIONAL CiisR iti*n Ip IN I ATED Eti nv ritrl
The defendant's hereby ordered to pay and, If iudiated, s judgment is haft entered on behalf on Indian River County, Indian
River County Administration Building, 1840 25th Street. Vero Be" Florida 32960 and the Stam of Florida, Office of Comptroller,
Tallahassee, Florida 32399 In the following sums if indicated:
!�
L Total of Bans assessed in sentence.
Mandatary Coss
2.53.00 (Additional Court Costs Clearing Trust Fund) pursuant to Section 938.01(l), Florida Statuees (statutorily mandated).
3.550.00 (Crimes Compensation Trust Fmuo pursuant to Section 938.03(11 Florida Statutes (statutorily mandated unless specifically
waived by court on the record in detain).
4. 62.00 (Criminal Justice Education by Municipalities and Counties) pursuant to Section 938.15, Florida Smmtos to be paid to
appropriate agency (Statutorily mandated where locally authorized).
5350-00 (Local Government Criminal Justice Trust Fund) pursuant to Section 938.05(1), Florida Statutes (statutorily mandated).
6.53.00 (Peen Court) pursuant to Section 938.19(1), Florida Statutes (statutorily mandated).
7.540.00 (Public Defender Application Fee) paBuant to Sections 27.S2(1)(c) and 938.29, Florida Statutes (a So fee shall be imposed if not
FrevIously cof cctc4 Strike out if previously paid or if defendant represented by private coanseL
8. (Public Defender's Fee and Costs) pmaux tut to Section 93829, Florida Statutes Rule 2.720(d)(1), Fla. R. Crim. P. (notice of
Imposition and right to contest aunt required).
9. (Crimes Compensation Trust Furl pursuant to Section 938.04, Florida Statutes (statutorily mandated 5% smahargelcost on any
flue as entered on line 1).
10.Discretionary Discretionary or Specific .
os
(County Alcohol and Other Drug Abuse Than Fund) A sum pursuant to Section 93821 and 93823, Florida Statutes (may be
imposed for any criminal violation of this Chapter or Sections 316.193 and 856.015, or Chapters 562, 567, 586, or 993 but may
not exceed the amount of any fire imposed for the offense).
11._ (Court Facility Fund) A sum not to arced $150.00 pursuant to Section 939. IS, Florida Statutes (may be imposed for any
criminal violation if cent finds defendant has ability to pay and will not thereby be prevented fiom paying victim compensation
or child support).
12._ NUI Court Cost) $135.00 pursuam to Section 938.07, Florida Statums for any violation of Section 316.193, Florida Steates
(statutorily mandated).
13._ (BUI Court Cost) 560.00 pursuant to Section 327.35(9), Florida Statutes for any violation ofSection 32735(1). Florida Stemmas
(statutorily mandated).
14._ (LSA/RD Court Cost) $5.00 pursuant to Section 316.061, Florida Statutes and section 316.192, Florida Stamen (statutorily
mandated).
I5._ (General Revenue Fund) 520.00 pursuant to Section 938.09, Florida Statutes be
statutorily mandated if this feet is essential element of ofreose). (mayh°po sed if victim is handicapped or elderly;
16._ (Operating Trust Fund of the FDLE) 5100.00 pursuant Section 938.25. Florida Statutes (may be imposed for any criminal
violation of section 893.13).
17._ (Prosection/ Investigative Costs) The Cour having considered the financial resources and needs and arcing ability of defendant,
and other appropriate factor, a sum pursuant to Section 93827, Florida Statutes (may be imposed where agency entitled to toss
of prosecution requests and documents specific costs),
18._ Other. Other Charaes
19. Other:
Total: S
Payment of tines, costs and charges is:
0 A =edition of proistion; or
Due within 13 days 13 months; or
❑ Due immediately, hence. FOR WHICH LET M(ECUT[ON ISSUE.
This judgment shall bear interest at the tate prescribed by law until satisfied.
DONE and ORDERED In open court in Indian River Conray, Florida, this day of . 19
County Judge
cc: Gold: State Attorney Yellow. Defendant
Pink: Defuse Counsel Groea: County Attorney
APRIL 219 1998
-19-
IN THE CIRCUIT/COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT,
CRIMINAL DIVISION, IN AND FOR INDIAN RIVER COUNTY, FLORIDA
State Of Florida,
VS. Case No.
Defendant
Social Security No.
Date of Birth
On the day of .19_.-, an Order Assessing Fines, Costs, and Additional
Charges was entered against Defendant requiring payment of certain sums for fines, costs, and
additional charges.
And the Defendant having failed to make full payment,
IT IS ADJUDGED that Indian River County, Indian River County Administration
Building, 1840 25th Street, Vero Beach, Florida 32960 and the State of Florida, Office of
Comptroller, Tallahassee, Florida 32399 recover from Defendant those remaining unpaid fines,
cost and additional charges in the sum of S the amount of which shall bear interest
at the rate prescribed by law until satisfied
FOR WHICH LET EXECUTION ISSUE.
DONE AND ORDERED in open court in Indian River County, Florida, this day
Of------, 19_
County Court Judge
cc: Gold: State Attorney
Pink: Defense Counsel
Yellow: Defendant
Green: County Attorney
U IRWIN TRACT - 47ffAMENDMENT TO CONTRACT
The Board reviewed a Memorandum of April 15, 1998:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney��
DATE: April 15, 1998
SUBJECT: PURCHASE OF IRWIN TRACT
The terms for the purchase of the subject property in conjunction with the Florida
Department of Environmental Protection has already been approved by the Board.
The attached County Deed to the Board of Trustees of the Internal Improvement
Trust Fund is attached for approval. In addition the Fourth Amendment to the
Option is attached for approval. The Fourth Amendment merely corrects an error in
the legal description.
It is recommended that the Chairman be authorized to execute both documents on
behalf of the Board of County Commissioners.
APRIL 21, 1998
-20-
•
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved the County Deed to the
Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida and the Fourth
Amendment to the Irwin Option Agreement for Sale
and Purchase, and authorized the Chairman to
execute same, as recommended by staff.
DOCUMENTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD WHEN
7.1 SOUTHAIA IMPROVEMENTS - FINAL RELEASE OF RETAINAGE -
KIMLEY--HORN
The Board reviewed a Memorandum of April 13, 1998:
CONSENT AGENDA
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P. .
Public Works Director
FROM: Terry B. Thompson, P
Capital Projects Mana:*00"
SUBJECT: South AIIA Improvements
Final Release of Retainage
DATE: April 13, 1998
DESCRIPTION AND CONDITIONS
IGmley-Horn's requesting Final Release of Retainage in the amount of $303.36 for design
of improvements on South SR Al from Spyglass Lane to 800 feet north of Harbor Drive.
A partial release of retainage was approved on July 25, 1995 when design was completed.
The remainder was held back for final project certification of the completed project as
required by the St. Johns River Water Management District.
Staff recommends Final Release of Retainage in the amount of $303.36. Funding is from
Account 101-152-541-067.37.
APRIL 21, 1998
-21-
•
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved release of final retainage in
the amount of $303.36 to Kimley-Horn Associates,
Inc., as recommended by staff.
7X COMPUTER COMPONENTS - APPROVED VENDOR LIST
The Board reviewed a Memorandum of April 15, 1998:
TO: Members of the Board
of County Commissioners
DATE: April 15, 1998
SUBJECT: APPROVED VENDOR LIST FOR PURCHASE OF COMPUTER COMPONENTS
OMB - CONSENT AGENDA
FROM: Joseph A
OMB Dina"
DESCRIPTION AND CONDITIONS
The Indian River County Computer Services Department is requesting permission to standardize computers and
components. This willbe done by utilizing the vendors listed below. These oomponenis will be used to build, upgrade
and repair computers and related equipment. Some of these components will exceed 5200 in individual costs, but will
be requested to be put on a blanket requisition.
Recommended vendors:
T C Computers
DANPEX Corp.
505 Bloomfield Street
2114 Ringwood Ave
Jefferson, LA 70121
San Jose, CA 95131
MicroWarehouse
Formosa Computers, Inc.
1720 Oak Street
777 New Durham Road
P.O. Box 3014
Edison, NJ 08817
Lakewood, NJ 08701-5926
Software City
ASI
1270 N. Wickham Road
6115-B Northbelt Parkway
Melbourne, FL 32935
Norcross, GA 30071
RSR Wholesale South, Inc.
Dolphin Data
P.O. Box 4300
4700 14& Ave, Suite 102
Winter Park, FL 32793
Clearwater, FL
CDW
All State Contracted Vendors
200 N. Milwaukee Ave.
Vernon Hills, IL 60061
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve standardu:atiion by approving blanket purchase
coders be issued to the above mentioned vendors.
APRIL 21, 1998
0
-22-
•
L`
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously approved blanket purchase orders to be
issued to the above mentioned vendors, as
recommended by staff.
U. PAYMENTS TO VENDORS OF COURT RELATED COSTS
The Board reviewed a Memorandum of April 9, 1998:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County AttomeyO i
DATE April 9, 1998 "1N
SUBJECT: Payments to Vendors of Court Related Costs
The Office of the County Attorney has processed and approved payment to the following vendors
for the week of April 6, 1998. Listed below are the vendors names and the amount of each court
related costs.
Sheldon H. Rifidn, Ph.D.
Clinical Evaluation
700.00
Floyd Evans
Court Interpreter
50.00
James G. Harpring, Esq.
Legal Services
332.00
JR Reporting Associates
Transcriptions
272.50
James T. Long, Esq.
Legal Services
300.00
Fred Petrilia, Ph.D.
Clinical Evaluation
500.00
Kenneth L. Director, M.D.
Clinical Evaluation
275.00
A. J. Glaser, III, L.P.N.
Clinical Evaluation
80.00
Patricia B. Held
Transcriptions
59.50
Patricia B. Held
Transcriptions
66.50
Debby Thomas
Transcriptions
59.50
Peggy Dixon
Transcriptions
35.00
Peggy Dixon
Transcriptions
108.50
Debby Thomas
Transcriptions
45.50
Debby Thomas
Transcriptions
77.00
Celeste Hartsfield
Transcriptions
17.50
Peggy Dixon
Transcriptions
52.50
Sheldon H. Ri idn, Ph.D.
Clinical Evaluation
500.00
Vero Beach Police Department
Case Reimbursement
92.32
Sudden Images
Photos
92.00
Peggy Dixon
Transcriptions
35.00
Peggy Dixon
Transcriptions
31.50
Linda Copeland
Transcriptions
52.50
Shirley Corbin
Transcriptions
59.50
Shirley Corbin
Transcriptions
129.50
Shirley Corbin
Transcriptions
49.00
Floyd Evans
Court Interpreter
25.00
Debby Thomas
Transcriptions
63.00
Debby Thomas
Transcriptions
38.50
Debby Thomas
Transcriptions
38.50
Medical Record Services. Inc.
Records Search
14.78
Floyd Evans
Court Interpreter
25.00
Patricia B. Held
Transcriptions
66.50
Debby Thomas
Transcriptions
133.00
Debby Thomas
Transcriptions
10.50
Linda Copeland
Transcriptions
115.50
Linda Copeland
Transcriptions
164.50
Sheldon H. Rifkin, Ph.D.
Clinical Evaluation
500.00
Linda Copeland
Transcriptions
21.00
Linda Copeland
Transcriptions
196.00
Celeste Hartsfield
Transcriptions _
77.00
Linda Copeland
Transcriptions
31.50
Debby Thomas
Transcriptions
45.50
APRIL 21, 1998
-23-
uD
Celeste Hartsfield
Transcriptions
28.00
Linda Copeland
Transcriptions
164.50
Medical Record Services, Inc.
Record Research
10.55
Medical Record Services, Inc.
Record Research
11.55
George Puskar, M.D.
Expert Witness
300.00
Linda R. Phillips
Transcriptions
56.00
Michael C. Riordan, Ph.D.
Clinical Evaluation
500.00
Unda Copeland
Transcriptions
52.50
Peggy Gollnick
Transcriptions
66.50
Peggy Golinick
Transcriptions
52.50
Barbara G. Schopp
Transcriptions
59.50
Unda Copeland
Transcriptions
28.00
Shirley E. Corbin
Transcriptions
24.50
Peggy Dixon
Transcriptions
189.00
Peggy Dixon
Transcriptions
136.50
Peggy Dixon
Transcriptions
35.00
Unda Copeland
Transcriptions
227.50
Shelia I. Flinn
Transcriptions
49.00
Shelia I. Flinn
Transcriptions
56.00
Total
$7,685.2
No action taken.
9.A.1. PUBLIC HEARING - CITY OF VERO BEACH - SPECIAL
EXCEPTION APPROVAL TO CONSTRUCT AN
ELECTRICAL SUBSTATION AT THE SOUTHWEST
CORNER OF 58TH AVENUE AND 26TH STREET - MOSBY
& ASSOCIATES (Quasi Judicial)
mss-JOURNM
iPula fshed Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
K. Hicks who an
oath says that he fs Pry esi dersigried of the Press lou a newspaperpupublished Beach
In Indian Rim County, Florida; that the attached copy of fit, being
alAAM A -i I
In the
Count, was Pub -
Arrant further says that the said Press Journal Is a newspaper published at Vero Beach, In
said Indian River County, Florida, and that the said newspaper hes heretofore been
continuously published in said Indian River County, Fida, each dally and has been entered as
second class mat matter at the post office in Vero Beach, In said Indian River County, Florida,
far a period of ore year next preceding the first publication of the attached copy of
adverr�rrhent
arid affiant further says that he has neither paid nor promised any person, firm
or oorporetbn arty discour►t, rebate, conxNssion or refund for the purpose of securing this
advert si ernent for pubdcation in said newspaper.
Sworn to and subscribed befmp me Jay CR;�D.19�_
pPpp••pbpb•
,,..OSP.- ..........
my(00155IONEXPIRE! k = ANNE BLAIG
a * :A 2011 a
z i cp 61 1092 ; o Notary Public, State of Florida
My Commission Exp. J 1, 2001
Personally Knowe mor Produced ID
ry9`'+ BL1C, Sil��a�o•�" Type of ID Produe"
4ypppM pp•y4
APRIL 21, 1998
•
RS -3
R"
wescr
RS=B >tlTt
aurae►
isrsrsa
NOTICE OF PUBLIC HEARING
Notice of hearing' to consider
the granting of special exception
use approval for a City of Vero
Beach electrical sub -station to be
located at the southwest corm of
26th Street and. 58th Avenue
(King's Highway). The subject
property Is presently owned by
Simon DeBartolo,. Inc., and located
In Section 5, Township 33 and
Range 39. See the above map for
the location
A public (roaring -at. which par-
ties in Interest and citizens shall
have an opportunity to be heard,
will be held by, the Board of
County Commissioners of Indian
River County, Florida, in the
County Commission Chambers of
the County Administration Building,
located at 1840 2% Street, Vero
Beach, Florida on Tuesday, ;01
21,1998 at 9:05 a.m. . -
Please direct planning -related
questions to the current develop-
ment planning section at 567-
8000, ext. 242.
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 testimony and evidence
upon which the appeal is based.
ANYONE WHO NEEDS A SPE-
CIAL ACCOMMODATION FOR
THIS MEETING MUST CONTACT
THE COUNTY'S AMERICANS
WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000
X223 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY -s -John W. Tippin
April 8,1998 1312169r
The Beard reviewed a Memorandum of April 14, 1998:
TO: James E. Chandler
County Administrator
N HEAD CONCURRENCE:
Obert M. Keating, AICIS
Community Developme
A-8,
THROUGH: Stan Boling, AICP
Planning Director
1.h
FROM: John W. McCoy, AICP A �,
Senior Planner, Current Development
DATE: April 14, 1998
SUBJECT: City of Vero Beach's Request for Special Exception Approval to Construct an
Electrical Substation at the Southwest Comer of 58'ti Avenue and 26m Street
It is requested that the data herein presented be given formai consideration by the Board of County
Commissioners at its regular meeting of April 21, 1998.
Mosby & Associates, Inc. has submitted an application for minor site plan and special exception use
approval on behalf of the City of Vero Beach to construct an electrical substation at the southwest
comer of 58th Avenue and 26th Street. Staff reviewed the minor site plan application under the
LDRs and SR 60 Corridor Plan requirements and approved the site plan subject to approval of the
special exception use request The site is zoned RS -6 (Residential Single Family, up to 6 units/acre).
In RS -6 districts, electrical substations are classified as special exception uses. Therefore, special
exception use approval is required.
The Board of County Commissioners is to approve, approve with conditions, or deny the special
exception use request. Pursuant to Section 971.05 of the LDRs, the Planning and Zoning
Commission is to consider the appropriateness of the requested use for the subject site and
surrounding area. The county may attach any conditions and safeguards necessary to mitigate
impacts and to ensure compatibility of the use with the surrounding area.
At its regular meeting of March 26, 1998, the Planning and Zoning Commission voted unanimously
(5-0) to recommend that the Board of County Commissioners grant special exception use approval,
subject to the condition contained in this report's recommendation. If approved by the Board of
County Commissioners, then the minor site plan approval will become effective.
APRIL 21, 1998
-25-
.7
C,��K �.J
ANALYSIS:
1. Size of Development: 1.80 acres or 78,347 sq. &
2. Zoning Classification: RS -6, Residential Single Family (up to 6 units/acre)
3. Land Use Designation: M-1, Medium Density 1(up to 8 units/acre)
4. Building Area: 2,104 sq. &
5. Total Impervious: 3,179 sq. &
6. Open Space: Required: 40.0%
Provided: 45.1% (green, landscaped area)
Note: A substantial part of the site is crushed rock which is considered pervious area for
drainage purposes but is not creditable as green area.
7. Traffic Circulation: The site will be accessed by an existing stabilized driveway that runs
along the south property line. The City will pave the apron of this driveway at 58ie Avenue
and will stub out a short stabilized driveway into the substation from this existing driveway.
Traffic generation from this facility is extremely low-, therefore, no special traffic analysis
or off-site improvements are required. Traffic engineering has no objections to approval.
S. Off -Street Parking: Required: 1 space
Provided: I space
Note: The space will be provided within the electrical substation on a crushed rock surface.
The substation is generally visited on a weekly or on an as needed basis. It is the staffs
opinion that a substation is an infrequent use for which paved parking requirements can be
waived if parking is provided on a stabilized surface and if such a proposal is approved by
the Planning and Zoning Commission. It is the County Engineer's opinion that the proposed
surface is suitable for the proposed infrequent use on the subject site. In recommending
approval of this special exception use, the Planning and Zoning Commission approved the
use of a crushed rock/gravel surface for parking and driveway areas, as allowed by section
954.08(4) of the land development regulations.
9, Stormwater Management: The stormwater management plan has been approved by the
public works department. The applicant will be required to obtain a Type "A" stormwater
management permit prior to site plan release.
10. Landscape Plan: The landscape plan exceeds the requirements of Chapter 926, the SR 60
Corridor Plan, and the special exception use criteria applicable to public or private limited
utilities. These provisions require a Type "B" buffer with a 6 opaque feature along the south
and west property boundaries and a Type "C" buffer with a 6 opaque feature along the north
and east property boundaries. In response to staffs request, the landscape plan provides
complete visual screening of the building and facilities from all adjacent properties and
rights-of-way. All landscaping will need to be planted prior to the issuance of a C.O.
The applicant is proposing to completely screen the facility with vegetation rather than use
a wall as part of the 6 opaque feature. Planning staff supports the applicant's request to use
a living buffer to establish the 6' opaque feature based on the landscape plan, which provides
a continuous plant line at the facility perimeter fence, a berm, and additional planted and
preserved vegetation between the fence line and property line. The preserved vegetation will
include all existing canopy and understory trees located between the approved fence and the
property line. Please see the attached cross-section views of the proposed buffer (attachment
#5).
It should be noted that a site plan was recently approved to expand the Westminster
Presbyterian Church to the south of the subject site. The church will be constructing a Type
"C" buffer along its north property line. This buffer will provide additional buffering
between the church and the proposed substation.
11. Utilities: There will be no restrooms or other facilities at this site. Therefore, no provisions
for potable water or wastewater are required. All new transmission and distribution lines
will be underground.
12. Dedications & Improvements: None are required.
APRIL 219 1998
13. Concurrency: The development proposal will not affect any concurrency related services
(traffic, water, sewer, parks). Therefore, no concurrency certificate is required.
14. Environmental Issues: Since the project is under 5 acres, the native upland set-aside criteria
in section 929.05 do not apply. Also, it has been verified that there are no wetlands on the
site. Therefore, there are no LDR related environmental issues to address.
15. General Compatibility: The county land development regulations were drafted with the
intent that electrical substations are appropriate in residential areas under certain conditions.
Generally, uses such as wastewater treatment plants, electrical substations, schools, and
churches must be located near the area that they serve, and this is often a residential area.
Often, it is better to locate these uses on the periphery of neighborhoods instead of internal.
When these uses are controlled as to scope, scale, location, and buffering, the uses may be
appropriate on certain residentially zoned property. For that reason, these uses are allowed
in residential areas subject to special exception use approval. In staffs opinion, the city has
taken the necessary steps to ensure that this project is compatible with the surrounding area
and consistent with the LDRs and comprehensive plan.
16. Special Land Use Criteria: The following specific land use criteria apply to limited utility
uses:
See Chapter 901 for definition of utilities, public and private -limited;
Note: Substation is consistent with definition.
b. Between all above -ground facilities (except distribution and collection facilities) and
adjacent property having a residential land use designation, a Type "B" buffer (reduce
to Type "C" where abutting a local roadway, reduce to Type "D" buffer where
abutting a thoroughfare plan roadway) (with six-foot opaque screening) as specified
in Chapter 926, Landscaping, shall be provided;
Note: Landscape plan exceeds the Type "B" buffer with 6' opaque feature
requirement on the south and west sides of the project; and exceeds the Type
"C" buffer with 6' opaque feature on the north and east sides of the project.
C. All below -ground high voltage cables within a utility right-of-way shall be made
known to the public through the use of signs posted therein;
:Note: Appropriate signs will be posted.
d. In all zoning districts except the industrial districts, all equipment, machinery and
facilities which cannot by their size or nature be located within an enclosed building
shall be separated from adjacent properties having a residential land use designation
by a Type "D" buffer (with six-foot opaque screening) as specified in Chapter 926,
Landscaping;
Note: All equipment will either be in a building or screened by a buffer that
exceeds a Type "D" buffer.
e. Driveways located in close proximity to adjacent properties having a residential land
use designation shall provide a six-foot opaque screening between the driveway and
adjacent property. An eight -foot opaque screen may be required if deemed necessary
to mitigate noise and visual impacts.
Note: The existing driveway along the south property line will be screened by
the church with its new construction. Therefore, no driveway buffering is
required or proposed with this plan, only buffering of the building and facilities.
17. SR 60 Corridor Criteria: The proposed development is subject to the SR 60 corridor plan.
The major items of the SR 60 corridor plan are addressed below:
Landscaping. The SR 60 corridor plan requires roadway and foundation
landscaping, as well as screening of any visually offensive elements (e.g. electrical
substation equipment) from adjacent properties and rights-of-way. The proposed
landscape plan provides significant landscaping (existing and proposed vegetation)
and includes a berm and sufficient landscape material to achieve the screening of
proposed buildings and equipment
APRIL 21, 1998
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b. Architectural Features: Specific standards for substations and similar buildings
within the SR 60 corridor are now being processed as part of a package of IDR
amendments. Those proposed standards are being applied to this project. Those
standards allow an exemption from architectural building requirements (for electrical
safety reasons) in return for increased landscaping and visual screening of the
facilities. Therefore, under the "pending ordinance doctrine", the building is being
exempted from the SR 60 corridor plan architectural requirements in return for
screening the facilities from public view. The color of the building will conform to
the SR 60 corridor plan.
C. Signage: There will be no finding or facade signage on site.
18. Lighting Plan: The proposed site lighting plan meets the requirements of the SR 60 corridor
plan. The site will be lit for emergency night time maintenance only.
19. Surrounding Land Use and Zoning•.
North: 26* Street, vacant/RS-3
South: Westminster Presbyterian Church/RS-6
East: 58* Avenue, groves/RM-8
West: Single family home/A-1
Based on the analysis performed, staff recommends that the Board of County Commissioners grant
special exception use approval with the following condition:
1. That prior to the issuance of a C.O., all landscaping depicted on the approved landscape plan
shall be installed and irrigated.
APRIL 21, 1998
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County Attorney Vitunac administered the oath to the proposed witnesses and asked
that they note for the record that they had been sworn when they testify.
Planning Director Stan Boling noted he had been sworn and reviewed the
Memorandum. The site meets the general concerns of staff and there will be no new
overhead lines or poles to this site. Staff is recommending that the approved landscaping
plan be a minimum requirement.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Dennis Ragsdale, Planning Director, City of Vero Beach, stated he had been sworn
and reviewed his Memorandum of April 17, 1998 with attachments:
City of Vero Beach 98-633
1053 - 20th PLACE - P.O. BOX 1389
VERO BEACH, FLORIDA - 32961-1389
Telephone: (561) 978-4550 • Fax. (561)778-3856
OFFICE OF THE
PLANNING DIRECTOR
TO: Honorable Members of the Board of County Commissioners
FROM: Dennis Ragsdale; Claiming Director
DATE: April 17, 1998
SUBJ: Proposed Electrical Substation at the Southwest Corner of 58'" Avenue and
2& Street
This memorandum is being written in my capacity as Planning Director for the City of Vero
Beach, the applicant for the substation. I am introducing the entire memorandum and
attachments into the official record of your April 21, 1998 quasi-judicial hearing to consider
the special exception request.
A brief resume is attached that includes sufficient information to qualify me to present
substantial, competent evidence in a quasi-judicial hearing regarding land use issues.
This memorandum will reference and quote from the Indian River County Comprehensive
Plan and Land Development Regulations. As reference documents always available for public
inspection I would also want the entire Comprehensive Plan and Land Development
Regulations to be considered part of the record.
The site of the proposed electrical substation is designated M-1, Medium Density Residential
in the Comprehensive Plan and zoned RS -6, Single Family Residential. Electrical Substations
have been determined to be a special exception use in the RS -6 zoning district by County staff.
The Indian River County Land Development Regulations include general criteria for review of
special exception uses. The Land Development Regulations require that applicants present
evidence of compliance with the general criteria, as well as the specific criteria for the
particular special exception use cited in Chapter 971. Chapter 971.05(9) states: "The
applicant shall have the burden of establishing, by competent material and substantial
evidence, the existence of the facts and conditions which this chapter requires for approval."
APRIL 21, 1998
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APRIL 21, 1998
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The general criteria are found in Section 971.05(9) as follows:
(a) Consistency with the Comprehensive Plan and Zoning Code. The proposed use shall be
consistent with the Comprehensive Plan and with the stated purpose and intent of the
appropriate district regulations and all applicable regulations of this chapter.
(b) Compatibility with surrounding land uses. The proposed use and its location shall be
compatible with surrounding land uses and the general character of the area, based on
consideration of such potential impacts as traffic generation, drainage, nuisance impacts,
lighting, appearance, and other factors potentially impacting the character and stability of
the surrounding area.
(c) No adverse impacts on public health, safety and welfare. The proposed use and its
location and method of operation shall promote the public health, safety, and general
welfare. The proposal shall include any landscape and structural improvements, public
facility expansions, and operational restrictions or procedures required to effectively
mitigate potential negative impacts of the use.
(d) Promote orderly development. The use and proposed location shall promote orderly and
efficient development considering such factors as impact on public facilities, preservation
of neighborhood integrity, and similar factors impacting orderly development of the area.
These points will be addressed below. Sentences or phrases in bold print are for emphasis
only. These sentences and phrases are not in bold print in the Comprehensive Plan and Land
Development Regulations.
CONSISTENCY WITH THE COMPREHENSIVE PLAN AND ZONING CODE
The Indian River County Comprehensive Plan does not specifically reference electrical
substations. However, many sections of the plan address provision of adequate public
facilities. Electrical services are included in the definition of public facilities. Page 86 of
the Future Land Use Element includes the following statements.
"The amount of land designated for public facilities is likely to increase with population
growth; however, not in direct proportion to the expected growth.
"Not all public facilities locations are specifically delineated on the future land use map since
many individual facilities, such as schools and libraries, are on small scattered sites.
"Included in this category is the land required for central water, central sewer, drainage and
solid waste facilities expansion identified in the Infrastructure Element; schools, libraries,
police, fire and EMS stations, hospitals and other public facilities identified in the Land Use
and Capital Improvements elements."
The goal of the Land Use Element of the Comprehensive Plan is stated on page 88 as follows:
"Land development in Indian River County will occur in an orderly and controlled manner
which ensures balanced growth that maximizes the potential for economic development,
provides for the efficient use of facilities and services and ensures the protection of the
County's rich and varied environmental resources."
Following are other objectives and policies from the Indian River County Comprehensive Plan
that are related to providing utility services.
Future Land Use Element
Objective 1 Compact, Low -Density Development
"Indian River County will have an efficient and compact land use pattern which reduces urban
sprawl, while maintaining the overall low density character of the County, and ensuring
adequate land for utility facilities necessary to support development."
Policy 1.14
"Development in medium -density residential areas shall be limited to the following:
Residential Uses (Single Family, Multi -Family & Mobile Homes)
10 units/acre M-2 District
8 units/acre M-1 District
Recreational Uses
Public Facilities
Institutional Uses"
APRIL 21, 1998
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Policy 1.27
"The public facilities designation is intended for public facilities and services including, but
not limited to, government offices, service centers, public utilities and transportation
facilities, schools, parks, libraries, police and fire stations. Not all public land uses are
shown on the Future Land Use Map. Public facilities are not limited to the public
facilities land use designation."
Policy 1.32
"The County will maintain a concurrency database which identifies areas with facility
surpluses and deficiencies. Development shall be directed to areas with adequate facility
capacity through publication of this information and through implementation of the
County's concurrency management system."
Policy 2.9
"The expansion of public services and facilities shall be based on the area's environmental
suitability for urbanization, existing and future land uses and the availability of other services
and facilities."
Policy 2.10
"General future public facility site and corridor locations shall be identified in currently
undeveloped areas to provide for the needs of future development while minimizing
disturbance to existing development."
Policy 2.15
"Indian River County shall coordinate with private utility providers including electric, gas,
telephone and cable TV to ensure the efficient delivery of utilities."
Policy 9.1
"Indian River County shall establish guidelines to ensure that all public buildings and facilities
will be compatible with the character of the neighborhood and/or design influence of any
historic buildings."
Policy 9.5
"Indian River County Land Development Regulations shall require the use of natural and
manmade buffers between different land uses and intensities. These buffers shall be part of
the zoning, site plan and subdivision ordinances.
The stated purpose of the residential district section in the Land Development Regulations
includes the phrase 'and ensuring adequate public facilities to meet the needs of residents.'
These Comprehensive Plan policies recognize that there will be a continued need to provide
public facilities throughout the County to meet the demands of growth. The plan further
recognizes that the Dations for all of the needed public facilities cannot be predetermined.
The proposed substation plan is consistent with each relevant policy included within the Indian
River County Comprehensive Plan. Construction of the proposed substation is also consistent
with the County meeting the obligation of ensuring adequate land and utility facilities
necessary to support development and meet the needs of residents as stated in Objective 1 of
the Land Use Element of the Comprehensive Plan and in the purpose of the residential districts
section of the Land Development Regulations. Further, there are no inconsistencies between
the proposed substation plan and any of the goals, objectives or policies within the
Comprehensive Plan.
The substation has been designed to meet or exceed all requirements of the County Land
Development Regulations. Significant landscape buffering in excess of County requirements
has been added to minimize any visual impacts of the substation. The County staff has
indicated that the plan meets or exceeds all requirements of the Land Development
Regulations.
COMPATIBILITY WITH SURROUNDING LAND USES
It is necessary to locate the substation in the immediate vicinity of the development it serves.
The City has examined multiple sites for the substation. We have reviewed the compatibility
APRIL 21, 1998
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•
with surrounding uses and the potential impacts to nearby residential areas of each of the
alternate sites with County staff. There is concurrence between the County Community
Development Department and the City staff that the proposed site is appropriate for a
substation. Further, only one boundary of this site abuts property that is used for residential
purposes.
The Indian River County Comprehensive Plan and Land Development Regulations recognize
that public facilities, including electrical substations, must be located within residential zoning
districts. Thus, the use itself has been predetermined to be compatible with other uses allowed
in residential districts as long as the development complies with the Land Development
Regulations. The proposed substation complies with or exceeds all of the County Land
Development Regulations. Further, the plan significantly exceeds the landscaping
requirements.
Uses that surround the site include a single family home to the west, 58m Avenue and groves to
the east, 2& Street and vacant RS -3 zoned property to the north and the Westminster
Presbyterian Church to the south. When considering compatibility with surrounding uses,
issues such as traffic generation, drainage, nuisance impacts, lighting, noise, aesthetics, use
intensity, bulk of buildings, and building height are generally addressed. Most of these issues
have been addressed in the report from the Community Development Department to the
Planning and Zoning Commission (attached) dated March 18, 1988. The proposed substation
will create virtually no impact on the surrounding uses. Traffic and noise will be virtually
non-existent and the site will be extremely well landscaped. Compared to the adjacent church
that apparently was found to meet the standards included in the Comprehensive Plan and Land
Development Regulations, the substation will have virtually no impact and will be very
compatible with surrounding uses.
A good example of a public facility expansion that has been determined necessary by the
County is the widening of 58' Avenue. Certainly noise, traffic, dust, drainage, and lighting
associated with the roadway expansion does not represent the most desirable setting for the
single family development that will be adjacent to the expanded roadway. The roadway
widening will have both positive and adverse impacts on the public health safety and welfare.
However, the overall good of the public and compliance with the Comprehensive Plan have
led the County to move forward with expansion of the roadway. The location of an electrical
substation along the roadway to accommodate existing and future development is no less
important than widening of the roadway. Just as failure to expand the roadway will result in
interruptions in traffic flow and a poorly operating transportation system; failure to allow the
substation will result in interruptions in electricity flow and a poorly operating electric
distribution system.
In terms of noise, traffic, dust, drainage, lighting and other potential nuisances, the proposed
substation will have a much less impact on the surrounding land uses than the roadway
expansion.
NO ADVERSE BIPACTS ON PUBLIC HEALTH, SAFETY AND WELFARE
Obviously, public facilities have to be expanded from time to time to meet the demands of
growth. The County Comprehensive Plan policies recognize this fact and require the County
to take appropriate action. Expansion of public facilities is generally done to promote positive
impacts on the public health, safety and welfare. For instance, if a substation is not built, the
potential for electric outages during the peak use time increases. The peak use times are
generally when there is extreme cold or heat. These are the times when negative public health
impacts are felt if the power supply is not maintained.
The Land Development Regulations require that the proposal include any landscape and
structural improvements to effectively mitigate potential negative impacts of the use. In
response to this requirement, the City proposal includes substantial setbacks, significantly
more landscape buffering than required by the County Land Development Regulations and
underground transmission lines coming into the substation and underground distribution lines
leaving the substation. The only overhead lines that will be present will be those that will be
present regardless of the location of the substation.
The proposed substation will have no adverse impacts on the public health, safety or general
welfare.
PROMOTE ORDERLY DEVELOPMENT
Orderly development that depends on the availability of electrical power cannot occur without
construction of a substation that will provide for distribution of that electrical power.
APRIL 211,1998
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As a result of the rapid growth in the west State Road 60 corridor and other areas in the City's
service territory, reliable electric service to the area is in jeopardy without construction of a
new substation. Further, continued development will have to be curtailed if a new substation is
not built in the area in the immediate future. Obviously, economic development will not be
fostered without the ability to adequately serve the needs of the area.
In order to have a reliable electric distribution system that supports orderly development, the
substations in the system need to have reserve capacity sufficient to provide back up when
another substation has equipment failure. Even during non -peak use times, the electric
distribution system needs to have the ability to redistribute the electric load if one of the
substations fails. Without this back up, potential development cannot rely on a consistent
power supply.
The character and stability of the surrounding area is not in jeopardy from construction of a
substation on the proposed site.
SUNDURY
The Comprehensive Plan and Land Development Regulations require the County to provide
for adequate sites for public facilities. Public facilities are a recognized permitted and
compatible use in the M-1 Comprehensive Plan designation and in the RS -6 zoning district.
The most appropriate location in these districts should be those that have the least impact on
abutting and nearby residential properties. Clearly, alternative sites surrounded by more
residential development are not as appropriate as the proposed site that abuts residentially
developed property on one boundary. The separation of the site by a right-of-way from
properties to the north and east virtually eliminate any impact to those properties.
The substation will be landscaped in such a manner that it will be virtually invisible to the
surrounding properties and to the motoring public that drives by on a daily basis.
As required above, the City has provided written, verbal and graphic substantial and
competent evidence that shows the proposed substation is consistent with the Comprehensive
Plan and Zoning Code, is compatible with the surrounding land uses, will have no adverse
impacts on the public health, safety and welfare; and promotes orderly development.
Your staff and the Planning and Zoning Commission have recommended approval of the
special exception use and site plan. The City is asking that you support these
recommendations and grant approval.
DENNIS RAGSDALE, AICP
CITY OF VERO BEACH PLANNING DEPARTMENT
Education: Master of City Planning, Georgia Institute of Technology - 1983
BA, Social and Behavioral Sciences, University of South Florida - 1979
Professional Experience:
Planning Director, City of Vero Beach 1990 to Present
Asst. Planning Director, City of Vero Beach 1984 to 1990
Environmental Planner, City of Vero Beach 1982 to 1984
Planner, Indian River County 1981 to 1982
Outdoor Recreation Planner, National Park Service 1980 to 1981
Certification and Membership:
American Institute of Certified Planners Since 1985
Atlantic Coastal Section, Florida Chapter of the
American Planning Association
Section President 1992 to 1994
Florida Chapter Executive Committee 1992 to 1994
Association Member Since 1980
Committees and Boards:
Staff Advisor to Vero Beach Planning and Zoning Board
Staff Advisor to Vero Beach Board of Adjustment
Staff Advisor to Vero Beach Tree Commission
Staff Advisor to Vero Beach Community Redevelopment Board
Indian River County/Vero Beach Chamber of Commerce Economic
Development Committee Ex Officio Member
Indian River County Metropolitan Planning Organization Technical
Advisory Committee Member
APRIL 219 1998
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Project Experience:
Environmental Impact Statements
Redevelopment Plans
Neighborhood Plans
Landscape Design
Park Design
Wild and Scenic River Studies, Land Acquisition and Corridor Preservation
Grant Applications
Comprehensive Plans
Zoning Ordinances
Comprehensive Plan Evaluation
Development Review
DRI Review
Parking and Land Use Studies
Annexation Studies
Land Development Regulations
TO: The Honorable Members of the Planning and Zoning Commission
D ON HEAD CONCURRENCE:
E/w.
Obert M. Keating, P
-77
Community Development D' r
THROUGH: Stan BolirdAICP
Planning Director
FROM: John W. McCoy, AICP:�*
Senior Planner, Current Development
DATE: March 18, 1998
SUBJECT: City of Vero Beach's Request for Special Exception Approval to Construct an
Electrical Substation at the Southwest Comer of 58* Avenue and 26* Street
It is requested that the data herein presented be given formal consideration by the Planning and
Zoning Commission at its regular meeting of March 26, 1998.
Mosby & Associates, Inc. has submitted an application for minor site plan and special exception use
approval on behalf of the City of Vero Beach to construct in a single phase an electrical substation
at the southwest corner of 58" Avenue and 26'" Street. The site is zoned RS -6 (Residential Single
Family, up to 6 units/acre). Electrical substations are classified as special exception uses which
require special exception use approval pursuant to the RS -6 district requirements. Therefore, special
exception use approval is required.
The Planning and Zoning Commission is to consider and make a recommendation to the Board of
County Commissioners to approve, approve with conditions, or deny the special exception use
request. Pursuant to Section 971.05 of the LDRs, the Planning and Zoning Commission is to
consider the appropriateness of the requested use for the subject site and surrounding area. The
county may attach any conditions and safeguards necessary to mitigate impacts and to ensure
compatibility of the use with the surrounding area
1. Size of Development: 1.80 acres or 78,347 sq. &.
2. Zoning Classification: RS -6, Residential Single Family (up to 6 units/acre)
3. Land Use Designation: M-1, Medium Density 1(up to 8 units/acre)
4. Building Arra: 2,104 sq. &
APRIL 219 1998
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5. Total Impervious: 3,179 sq. &
6. Open Space: Required: 40.0%
Provided: 45.1% (green, landscaped area)
7. Traffic Circulation: The site will be accessed by an existing stabilized driveway that runs
along the south properly line. The City will Pave the apron of this driveway at 5V Avenue
and will stub out a short stabilized driveway into the substation from this existing driveway.
Traffic generation from this facility is extremely low; therefore, no special traffic analysis
or off-site improvements are required. Traffic engineering has no objections to approval.
8. Off -Street Parking: Required: 1 space
Provided: 1 space
Note: The space will be provided within the electrical substation on a crushed rock surface.
The substation is generally visited on a weekly or on an as needed basis. It is the staffs
opinion that a substation is an infrequent use for which paved parking requirements can be
waived if parking is provided on a stabilized surface and if such a proposal is approved by
the Planning and Zoning Commission. It is the County Engineer's opinion that the proposed
surface is suitable for the proposed infrequent use on the subject site. By approving this site
plan, the Planning and Zoning Commission will be approving the use of a crushed
rock/gravel surface for parking and driveway areas, as allowed by section 954.05(4) of the
land development regulations.
9, Stormwater Management: The stormwater management plan has been approved by the
public works department. The applicant will be required to obtain a Type "A" stormwater
management permit prior to site plan release.
10. Landscape Plan: The landscape plan exceeds the requirements of Chapter 926, the SR 60
Corridor Plan, and the special exception use criteria which require a Type "B" buffer with
a 6 opaque feature along the south and west property boundaries and a Type "C" buffer with
a 6' opaque feature along the north and east property boundaries. In response to staff's
request, the landscape plan is designed to provide complete visual screening of the building
and facilities from all adjacent properties and rights-of-way. All landscaping will need to be.
planted prior to the issuance of a C.O.
The applicant is proposing to completely screen the facility with vegetation rather than use
a wail as part of the 6' opaque feature. Planning staff supports the applicant's request to use
a living buffer to establish the 6 opaque feature based on the landscape plan, which provides
a continuous plant line at the facility perimeter fence, a berm, and additional planted and
preserved vegetation between the fence line and property line. The preserved vegetation will
include all existing canopy and understory trees located between the approved fence and the
property line. Please see the attached cross-section views of the proposed buffer (attachment
#5).
It should be noted that a site plan was recently approved to expand the Westminster
Presbyterian Church to the south of the subject site. The church will be constructing a Type
"C" buffer along its north property line. This buffer will provide additional buffering
between the church and the proposed substation.
11. Utilities: There will be no restrooms or other facilities at this site. Therefore, no provisions
for potable water or wastewater are required. All new transmission and distribution lines
will be underground.
12. Dedications & Improvements: None are required.
13. Concurrency: The development proposal will not affect any concurrency related services
(traffic, water, sewer, parks). Therefore, no concurrency certificate is required.
14. Environmental Issues: Since the project is under 5 acres, the native upland set-aside criteria
in section 929.05 do not apply. Also, it has been verified that there are no wetlands on the
site. Therefore, there are no LDR related environmental issues to address.
15. Special Land Use Criteria: The following specific land use criteria apply to limited utility
use:
See Chapter 901 for definition of utilities, public and private -limited;
Note: Substation is consistent with definition.
APRIL 21, 1998
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b. Between all above -ground facilities (except distribution and collection facilities) and
adjacent property having a residential land use designation a Type "B" buffer (reduce
to Type "C" where abutting a local roadway, reduce to Type "D" buffer where
abutting a thoroughfare plan roadway) (with six-foot opaque screening) as specified
in Chapter 926, Landscaping, shall be provided;
Note: Landscape plan exceeds the Type "B" buffer with 6' opaque feature
requirement on the south and west sides of the project; and exceeds the Type
"C" buffer with 6' opaque feature on the north and east sides of the project.
C. All below -ground high voltage cables within a utility right-of-way shall be made
known to the public through the use of signs posted therein;
Note: Appropriate signs will be posted.
d. In all zoning districts except the industrial districts, all equipment, machinery and
facilities which cannot by their size or nature be located within an enclosed building
shall be separated from adjacent properties having a residential land use designation
by a Type "D" buffer (with six-foot opaque screening) as specified in Chapter 926,
Landscaping;
Note: All equipment will either be in a building or screened by a buffer that
exceeds a Type "D" buffer.
e. Driveways located in close proximity to adjacent properties having a residential land
use designation shall provide a six-foot opaque screening between the driveway and
adjacent property. An eight -foot opaque screen may be required if deemed necessary
to mitigate noise and visual impacts.
Note: The existing driveway along the south property line will be screened by
the church with its new construction. Therefore, no driveway buffering is
required or proposed with this plan, only buffering of the building and facilities.
16. SR 60 Corridor Criteria: The proposed development is subject to the SR 60 corridor plan.
The major items of the SR 60 corridor plan are addressed below:
a. Roadway Landscaping: The SR 60 corridor plan requires that any visually
offensive element be screened from the adjacent properties and rights-of-way. The
proposed landscape plan includes a berm and sufficient landscape material to achieve
the screening of all buildings and equipment.
b. Architectural Features: Specific standards for substation and similar buildings
within the SR 60 corridor are now being processed as part of a package of LDR
amendments. Those proposed standards are being applied to this project. Those
standards allow an exemption of architectural building requirements (for electrical
safety reasons) in return for increased landscaping and visual screening of the
facilities. Therefore, under the "pending ordinance doctrine" the building is being
exempted from meeting the SR 60 corridor plan for architectural features in return
for screening the facilities from public view. The color of the building will conform
to the SR 60 corridor plan.
C. Signage: There will be no freestanding or facade signage onsite.
17. Lighting Plan: The proposed site lighting plan meets the SR 60 corridor plan. The site will
be lit for emergency night time maintenance only,.
18. Surrounding Land Use and Zoning.
North: 26s' Street, vacant/RS-3
South: Westminster Presbyterian Church/RS-6
East: 581" Avenue, groves/RM-8
West: Single family home/A-1
Based on the analysis performed, staff recommends that the Planning and Zoning Commission
recommend that the Board of County Commissioners grant special exception use approval with the
following condition:
That prior to the issuance of a C.O., the landscape as approved with plan shall be planted.
APRIL 21, 1998
-43- c oD ...d ,
�'
OR SITE PLAN
ICATION FORM
_c1 (SPMN)
M# • ///` -cD-
COMPUTER ASSIGNED OJECT #: 97110136 001
ASSIGNED FILE #: SPMN -
PROJECT NAME (PRINT): Vero Beach Electrical Transmission Station
CORRESPONDING PRE -APPLICATION CONFERENCE PROJECT NAME AND IRC
ASSIGNED FILE # (IF ANY) : Same
SP -
OWNER: (PRINT) AGENT: (PRINT)
City of Vero Beach Mosby & Associates. Inc.
NAME NAME
2053 20th Street 2455 14th Avenue
ADDRESS ADDRESS
Vero Beach FL Vero Beach FL
CITY STATE CITY STATE
32960 (5611 978-5460 32960 (5611978-5460
ZIP PHONE ZIP PHONE
Mr. Rex Taylor. Cily Manager Randy Mosby
TACT PERSON—)CONTACT PERSON
NATURE OF O R OR AGENT
PROJECT ENGINEER: (PRINT)
I./ ur#
2455 14th AVENUE
ADDRESS
VERO BEACH FL
CITY STATE
32960 (es) 569-0035
ZIP PHONE
RANDY L. MOSBY. P.E-
CONTACT PERSON
PROJECT ARCHITECT: (PRINT)
N/A
NAME
ADDRESS
CITY STATE
1
ZIP PHONE
CONTACT PERSON
• AMOUNT OF NEW IMPERVIOUS SURFACE: 3179 salt.
• SITE ADDRESS: SW corner of 26th Street & Kings Hig «
• SITE TAX ID# (S): 05-33-39-00000-1000-00001.0
• IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA
AS DESIGNATED ON THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE -
APP CONFERENCE? YES X NO
• ZONING: RS -6
• TOTAL (GROSS) ACREAGE OF PARCEL: 1.80 acres
• AREA OF DEVELOPMENT (NET) ACREAGE: 1.80 acres
• PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE ):N/A
A. NUMBER OF UNITS: FROM TO
B. DENSITY FROM UNITS PER ACRE TO UNITES PER ACRE.
• USED BY SQUARE FEET GROSS BUILDING AREA RESULTING FROM
MODIFICATION (E.G. RETAIL; 5,000).
USE: Equipment Building SQ.FT.: 2104
USE: SQ.FT.•
USE: SQ.FT.•
USE: SQ.FT.:
aaaaaaaaaaaaaaaaaasoaaa®aoaaaaaaaa --a--= ---------
F
FOR OFFICE USE ONLY:
DATE RECEIVED:
DATE APPLICATION COMPLETE:
APRIL 21, 1998
44-
RS -6
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APRIL 219 1998
13
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SITE PLAN
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Type -C- Buffer to be Installed by Church
on South Side of Marl Drive as a part of
their Expansion Plans
APRIL 21, 1998
-48-
•
Cord
Tap®t7aE' -
Bae 0 7 ! EMvam
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' E."VV.Ptw—(likeaP*M)• `1 \1 ` ,'
' ll ')r �
�ybslattal �' Supplef— Espatg Pdttq 8 OA3 vd • Supplenad Ems" Oaks d
• Control r"r, . IV -2W Ca*p Pakm 6 • 17load Oak+ &
• Egtriprent / SBoqures ' S W Ilrhderstary Trees n ...� • S Was k/lxtle IAdnslaryTreea in
• Peilnda Fads 1 1 r 8* p Co ns a San Pakneno vd ,� • Beds d Stretham
• 7 t Gravel Bass, , • `S'W16"Halge abng lace
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S Chan Unk Pairofa Fence J.4 BatEed W( `r.14s f `
Tap 0 td ! Ehvaliat t
Baa®7tE4wean-- - � hC v;"1 t !
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Looking South
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• Egtupmed 1 Shwhoes
Pemnela Face
• 7 ! Gravel Base
D ,sgtdwa s_uar Pla�irras
Loo" East
" Wilft
Top a 27 2 Elevation
Bae 0 7 ! Eteaetn
S Com*Lk* Ptximalar Fade Tapped vd BMW Wka
rove if i anaaou
Bae a 7l Epaam ,
iQi S Buffer f 9an(im
• 17 Land Gab &
. 114r,-20 Prim rd
• S Wax lhldelalory Trees N
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• S Wax a,
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600K J FAG*L aw10
Mr. Ragsdale wanted to be certain the landscape plan and all backup material was
entered into the record, along with the Land Development Regulations (LDRs) and the Indian
River County Comprehensive Plan. He stated that the site plan is consistent with the Comp
Plan and compatible with surrounding uses, as well as meeting all LDR requirements.
(CLERK'S NOTE: INDIAN RIVER COUNTY COMPREHENSIVE PLAN AND LAND
DEVELOPMENT REGULATIONS ARE ON FILE IN THE OFFICE OF THE CLERK
Dave Woodward, of Urban Resource Group, the landscape architects, noted that he
has been sworn. The landscape plan preserves 64 existing trees. The buffer required for
Kings Highway is 10 feet and the plan has 55 feet; 26' Street on the north requires 10 feet
and the plan has 25 feet; the west property line required 20 feet and the plan has 50 feet;
while the south property line required 20 feet and the plan has 35 feet. The church to the
south will also have a buffer on their side. The landscape plan consists of mostly native
plants which will blend in well.
Dale Berggren, of 2835 58' Avenue, was opposed to the substation at that site and
believed that this was a good deal for DeBartolo as it was purchased as a part of their
package deal for the Indian River Mall. He attended a Zoning Board meeting at which Mr.
Mosby of Mosby and Associates stated this was the 4' or 5' location where the City had
attempted to place this substation but surrounding residents had objected. He also noted that
20 acres to the east of this property are being cleared for development and the 40 acres to the
northeast, belonging to the Dodgers, will also be developed. He believed that the South
Gifford Road transfer station would be a perfect site for this project and would improve that
particular property. He felt the substation in the current location will lower property values
and deteriorate the neighborhood.
Glenn Legwen, of 5900 5' Street SW, expressed his concern about taking a taxable
piece of property off the tax roll.
Bill Akins, of 1917 Northeast 47' Street, Fort Lauderdale, owns the old house west
of the transmission station which is the oldest house in the County, once owned by Eli
Walker. He bought the property in 1980 to preserve it and rents it only to preserve it. The
APRIL 21, 1998
-50-
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house is made of Dade County pine. He asked the Board to postpone any decision until they
could hear from the Historical Society as the proposed substation is only 150 feet from the
front steps of the old Walker house. He had attempted to buy the substation site some time
ago and was told it was not for sale. He suggested using some of the vacant land north of
the Mall and objected to the trees proposed for the landscaping as being "trash" trees. He
also did not believe the red cedar proposed for the fence area will cover that 12 -foot barbed
wire fence.
Attorney John Kaczmarek, of 370 West Camino Real, Boca Raton, represents
George Smith of 5816 N 26' Street. Mr. Smith bought his property in June of 1955 and lost
80 feet in front of his home due to Murphy Deed actions. He also is losing 100 feet on the
side of his property with no compensation for the improved 26' Street culverts and drainage
ditches. The substation will be in his front yard and Mr. Smith feels shorted by the State and
the County. Attorney Kaczmarek presented into the record petitions signed by residents of
surrounding properties who are opposed to the substation. He also noted that the substation
plan does not take into account the heat, noise, and lights of a commercial development in
this residential location.
PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
A. J. Hamilton, of 5940 26' Street, was opposed to the substation and asked the
Board to consider other locations.
Mr. Ragsdale felt that the Board would hear these issues regardless of the location and
emphasized that the substation is being designed to meet future demands and to back up
other stations and is consistent with Comp Plan requirements.
Larry Riser, Head of Transmission and Distribution Department, City of Vero
Beach, noted that in order to build a substation at any other location, particularly South
Gifford Road, additional transmission lines would have to be built.
Commissioner Adams questioned how the City determines who is served by their
utility, and Mr. Riser advised there is an agreement with Florida Power & Light for a 40
square mile service area.
Commissioner Eggert noted that the property does meet all County regulations.
APRIL 21, 1998
-51-
I
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
Commissioner Ginn supported the plan and noted that she walks by a substation every
morning between AlA and Club Drive and it does not make any impression at all. Someone
is building a lovely home right across the street from that substation and it does not disturb
the neighborhood.
ON MOTION by Commissioner Ginn, SECONDED
by Commissioner Eggert, the Board unanimously
granted special exception use approval for the City
of Vero Beach to construct an electrical substation at
the southwest comer of 58' Avenue and 26' Street,
with the condition that prior to the issuance of a
Certificate of Occupancy all landscaping depicted on
the approved landscape plan be installed and
irrigated, as recommended by staff.
9.A.2. PUBLIC HEARING - "HARMONY OAKS" PROPERTY -
PURCHASE UNDER COUNTY ENVIRONMENTAL LANDS
PROGRAM - FLORIDA COMMUNITIES TRUST (FCT) -
HARMONY OAKS. INC. - RIVERPOINT, INC. (Legislative)
9
iel
NOTICE OF PUBLIC MEETING
Notice of meeting to consider
county purchase of environmentally
significant property under the
county environmental lands acqui-
sillon program. The subject +-90
aae property Is presently owned
by Harmony Oaks, Inc„ and is
located at the county Ih% south of
Vero Shares Subdivision, and of
U.S. #1, is Sections 31 and 32,
Township 335, Range 40 E. See the
above map for the location. .
A public meeting at which par.
tics In . Interest and citizens shall
have an opportunity to be heard
will be held by On Board of
APRIL 21, 1998
caui*--c"m+rsseaass. ! Indian
River County, Florida, in the
County Commission Chambers of
the CountyAdministration Buildtrs
located at'= 25th Street, Vero
Beach, Florida on Tuesday, April
21,1998 at 9:05 a.m.
Anyone- who may wish to I
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 testimony and evidence
upon which the appeal is based.
ANYONE WHO NEEDS A SPE-
CIAL ACCOMMODATION FOR
THIS MEETING. MUST CONTACT,
THE COUNTY'S AMERICANS
WITH DISABILITIES ACT (ADA) '
COORDINATOR AT 567-8000
X223 AT LEAST 46 HOURS IN
ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF -
COUNTY COMMISSIONERS
BY -s -John W. Tippin,
Chairman
March 16,1998 1291857r
a' n0
-52-
0
PRESS-JOURNM
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
oath says that is Pre Of the Press,biunalp a Y appeased Derry* K. at V who an
in IrxW RIM County, Florida; that the attached copy � at veru Beach
a '1wll�
in the q Court, was pub.
Dahed In said newspaper In the issues of
Afflam furihar says that the said Presa,Ioumai Is a Beach, in
said Man Rim continuously published In � Indian Rim that the rioanty. Florida, ch daily
and h b Vero
been
second dens mall matter at the post office Beach, In said �btdian River bared as
Of Yea next preceding the fust publication of the attar hacl Florida,
«opy of
�c�rp� and efflani further says that he has naither paid nor promised any per=, firm
adverts ratio fpublication er ate, commission or refund for the purpose of securft this
le MbWr bed before me
••jL—
AI�YB�,cCs9 9
° • t
0� •' • H� °° .....4It 4�p
o
CW Doi
gay (SEALoj CC611ptp Q : Notary Public, State of Florida
4'. My Commission Exp. Jan. 01, 2001
i ' .,,° Comm. No. CC 611
`°•e�/C
.......
Personally Knownr Produced ID ❑
•�``�"'�``•• Type of 10 Produced
The Board reviewed a Memorandum of April 15, 1998:
TO: James E. Chandler
County Administrator
D HEAD CONCURRENCE:
all
Robert g, CP
Community Development Dfrector /
FROM: Roland M. DeBlois, AICP�
Chief; Environmental Planning
DATE: April 15, 1998
SUBJECT: Approval of County Purchase of the "Harmony Oaks" Property
Under the County -Environmental Lands Program
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of April 21, 1998.
S TAMABY
Staff recommends that the Board of County Commissioners purchase the "Harmony Oaks„
property (on its own) using county environmental Iand acquisition bond funds, and that the Board
authorize staff to apply for after -the -fact 50% cost -share reimbursement under the Florida
Communities Trust program. The proposed purchase is summarized as follows:
Pur___ e_basix. Indian River County Board of County Commissioners
a.Rillet.: Harmony Oaks, Inc.
Total Price: $299,500 (±$21,600 per upland acre; ±$480 per wetland acre; ±$3,328 per acre overall)
Cost_ share: Florida Communities Trust (50%) (includes share of acquisition costs; after -the -fact
grant award finding will be decided by the State in the next few months)
Other Costs ±$22,000 (appraisals, environ. audit, title insurance, management plan)
APRIL 219 1998
-53- _% F' ,;
C_eon Bank
Fn.end_ ItUrg- ±$319,500 (±$159,750 if 50% cost -share reimbursement successfully obtained)
Acteage: +90 acres (±15 upland acres; ±75 wetland acres)
LAAC Recommendation:
The County Land Acquisition Advisory Committee (LAAC), at its meeting on January 28, 1998,
voted unanimously to recommend that the Board purchase the Harmony Oaks property at the
negotiated purchase price, and that the County apply for after -the -fact 50% cost -share
reimbursement form the Florida Communities Trust.
County will exercise its option and close the purchase, and apply for after -the -fact cost share
reimbursement from the Florida Communities Trust.
The subject Harmony Oaks property is currently ranked 12th out of 19 projects on the LAAC site
acquisition list.- Staff is proposing that the County buy (on its own) the Harmony Oaks property, and seek
after -the -fact 50% cost -share funding reimbursement through the Florida Communities Trust program.
The reason for this approach is that the seller, Harmony Oaks, Inc., has agreed to sell the property at a
discount (83% of the approved appraised value) if the County expedites closing within the next few
weeks. Since Harmony Oaks, Inc. recently accepted and executed a purchase contract Option Agreement
for the project, appraisal results and other confidential information can now be released.
SLAAC Recommendation
The County Land Acquisition Advisory Committee (LAAC), at its meeting on January 28, 1998, voted
unanimously to recommend that the Board approve the purchase contract, subject to the County applying
for after -the -fact 50% cost -share reimbursement through the Florida Communities Trust program (see
attached LAAC meeting minutes excerpt).
i• .11 r3j, rr,y
This public hearing has been advertised +30 days in advance to firlfill a State statute requirement that the
County hold a public meeting after having provided at least 30 days advertised public notice to formally .
consider approving and exercising its purchase option for the Harmony Oaks property.
The State requirement that the Board hold a public meeting to consider exercising its option after having
provided 30 days advertised notice of the meeting applies because the County chose to keep its appraisal
of the subject property confidential until the seller executed a -binding option contract. Once that option
contract had been signed, the appraisal was released and has been available to the public during the 30
day period prior to the advertised public meeting. Besides meeting State statute requirements, the
hearing on the Harmony Oaks property will serve to meet a Land Acquisition Guide requirement that the
County hold a public hearing prior to purchasing any property with land acquisition bond funds.
The Harmony Oaks property consists of an undeveloped tract zoned RS -6, single family residential (6
units per acre) and C-2, Wetlands Conservation (1 unit per 40 acres, with a 1 unit per acre transfer of
density). This property is approximately 90 acres in size, and is located at the south county line, east of
U.S. #1 and south of Vero Shores Subdivision. The site contains approximately 7 acres of forested maple
wetlands; 68 acres of estuarine wetlands, and 15 acres of coastal hammock/ pine woods mix uplands.
The site is significant from the ecological standpoint, in that it is contiguous to the nationally significant
Indian River Lagoon, and is part of the overall Indian River Lagoon "Blueway."
sExisting Improvements & Access
The Harmony Oaks property is access through the Vero Shores Subdivision via an Indian River
Mosquito Control District (IRMCD) impoundment dike access road The north portion of the impounded
estuarine wetland is being restored as mitigation for the development of River Point Subdivision, which
was recently platted
•Ownership Chargcterisdes
Currently, the subject property is owned by Harmony Oaks, Inc. The current tax assessed value of the
property is $454,100 (this figure includes land area not subject to the County's purchase, since the land
being sold is a portion of an overall tax parcel; see attached map).
eAcaaisMon Cost -Share & Property Ma_imament
Two issues which are important to with respect to all proposed purchases are obtaining cost share
assistance in property acquisition and addressing management costs.
APRIL 21, 1998
-54-
0 0
•
Cost -Share
The Land Acquisition Advisory Committee, at its regular meeting in January, voted unanimously to
support an 50% cost -share application to the Florida Communities Trust (FCT) under FCTs current
cycle of funding. As proposed, the County would proceed to buy the property and seek after -purchase
cost -share reimbursement through the FCT program. The current FCT cycle has an application deadline
of April 27b. In the next few months, state-wide applications will be ranked, and at that time it will be
known if the Harmony Oaks property qualifies for grant funding.
Management Costs
The proposed use of the Harmony Oaks property is resource-based passive recreation. The property is
proposed to have limited parking, nature trails, and a small fishing pier/boat dock in an open water cove
connected to the Lagoon.
A number of initial site improvements, including exotics removal, can be paid for with bond referendum
funds as part of the property acquisition. Improvements such as limited parking will need to be funded by
a source other than referendum monies. Potential funding sources include park development grants,
county mitigation funds, and tree removal violation funds.
Relating to long term management, the property will be incorporated into the county -wide park system
and managed by the County Parks Division in coordination with county environmental planning staff.
Volunteer groups will be asked to assist the County with certain aspects of property management such as
nature trail up -keep and litter patrol.
eAppralsal
In accordance with County Land Acquisition Guide, an independent appraisal was obtained to determine
an approved appraised value of the property. In accordance with County and State procedures, since the
property's worth is less than $500,000, only one appraisal (instead of two) was obtained.
The appraisal firm selected was Armfield-Wagner Appraisal & Research, Inc. The Armfield-Wagner
appraised value is $360,000. The negotiated purchase price of $299,500 is ±83% of the approved
appraised value.
•Contract
In coming to terms with county staff on the negotiated purchase price (subject to County Commission
approval), the seller has executed a standard FCT purchase contract Option Agreement with minor
modifications. A copy of that contract is attached to this staff report. The FCT standardized contract was
used because staff anticipates that FCT will approve after -the -fact cost -share funding, and use of the FCT
contract format will facilitate after -the -fact reimbursement from the FCT.
•Multiple Benefits
Environmental Enhancement/Public Access
As with most of the County's proposed acquisitions, the Harmony Oaks property purchase will enhance
environmental appreciation and access to natural resources in the County. With this property, the access
will consist of limited parking, nature trails, and a small fishing pier/ boat dock on the site. County
purchase of the property will also afford the County an opportunity to improve the interconnection of
impounded wetlands to the Indian River Lagoon, thus improving the environmental health of the
Lagoon.
Comprehensive Pian Acquisition Commitment
Drainage Sub -Element Policy 5.1 of the County Comprehensive Plan commits the County to acquire a
minimum of 100 acres of flood plain for conservation purposes. Although the County has fulfilled this
minimum acreage requirement, the Harmony Oaks property contributes to this policy by conserving ±75
acres of flood plain wetlands. Moreover, the purchase would contribute to the County's commitment to
buy a minimum of 750 acres overall of native upland habitat The project also furthers objectives in the
County comprehensive plans relating to open space, native upland conservation, shoreline access, and
rare species habitat conservation.
Staff recommends that the Board of County Commissioners approve the Harmony Oaks purchase
contract option agreement, that the Board approve exercise of the option, and authorize staff to proceed
with closing on the subject property. Staff also recommends that the Board authorize staff to take actions
as necessary to apply for and obtain after -purchase 50% cost -share reimbursement through the Florida
Communities Trust grant program.
APRIL 21, 1998
-55-
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Chief of Environmental Planning Roland DeBlois reviewed the Memorandum and
stated that staff is proposing basic access to the area and possibly a small boat dock.
Commissioner Ginn questioned the use of a portion of the property shown on the
ELMO, and Mr. DeBlois advised that portion is a part of the seller's ownership and he plans
to develop it at a later time.
Commissioner Ginn questioned whether the piece along the river is virgin, and Mr.
DeBlois responded that it is.
Commissioner Macht felt the important thing is that more riverfront will be protected
from development. The County will retain control of the estuary from the County line to the
City of Vero Beach.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Attorney Bruce Barkett stated that he represents the applicant and is here to answer
any questions.
Attorney Robert Clark, of 533 SE 23' Street, had hiked across the property and
questioned a portion that Fish & Wildlife has tagged with pink ribbons south of Vero Shores,
calling it "environmentally sensitive".
Attorney Barkett stated that portion is being held by the owner for possible future
development and the owner is not interested in selling it.
Attorney Clark urged the Board to approve the purchase.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
APRIL 21, 1998
•
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Adams, the Board
unanimously approved the Harmony Oaks purchase
contract option agreement with Harmony Oaks, Inc.
and Riverpoint, Inc.; approved exercise of the
option; authorized staff to proceed with closing on
the subject property; and authorized staff to take
action as necessary to apply for and obtain after -
purchase 50% cost -share reimbursement through the
Florida Communities Trust (FCT) grant program; all
as recommended by staff.
DOCUMENTS WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
9.B.1. PUBLIC DISCUSSION ITEM - MIKE ZIEGLER -
LANDFILL VEGETATIVE MATERIAL PROCESSING
BY CONSOLIDATED RESOURCE RECOVERY
Deleted.
9.B.2. PUBLIC DISCUSSION ITEM - RICHARD M. FLINN AND
ROBERT A. FLINN - SEWER ASSESSMENT ON LANDS
BEING PURCHASED BY COUNTY
The Chairman read aloud a letter of April 17, 1998:
l
April 17,1998 RECEIVED .
APR 17 1998
Indian River County BOARD OF COUNT Y
Board of Commissioners COMMISSION
Re: Sewer Assessment -Flinn Tract
Dear Commissioners,
Please discuss as soon as possible.
APRIL 219 1998
-59-
Gook , I F�Cc kdtiU
The contract between us and Indian River County for the purchase of
our 40 acre tract less the 1.86 acres that we donated for the construction
of Indian River Blvd. is to close this month.
We are writing this letter to the County Commissioners seeking relief of
the existing sewer assessment on our land.
Our land is being purchased by Indian River County for environmental
use and there will be no need for sewers.
The County will still have this sewer capacity available for use
elsewhere, so we feel that it' would only be fair to eliminate our
assessment.
Sincerely,
Richard M. Flinn
Robert A. Flinn
County Attorney Vitunac noted there had been some discussion as to whether the
assessment referenced was a line assessment charge or an ERU assessment, and it has been
determined that the charge is for a sewer line extension only.
Community Development Director Bob Keating reviewed the following information
regarding the assessment:
01M 1wri 1"M -WNW"
Sewer Line Assessment Approved
September 25, 1990
• Total Assessment: $228,884.00
• Assessed Parcels: 34
• LAAC Recommended County Purchase of Flinn Property on
August 27, 1997
• BCC Approved Flinn Purchase on October 7, 1997
Purchase Price:
$1,353,550
IRC Cost:
$ 730,917
SJRWMD Cost:
$ 284,360
FIND Cost:
$ 338,387
Appraisals for Property considered
availability of utilities in estimating value
APRIL 21, 1998
RECEIVED
APR 2` 2 1998
CLERK TO THE BOARD
• Valid Purchase Offer Contract
• Requirement to provide clear title
• BCC Approved option extension on November 21, 1997
• BCC Approved 2'd option extension on February 24, 1998
Agreed to waive penalties & late fees
• Closing schedule for May, 1998
u o N-1
• September 25, 1990; Sewer Assessment
Parcel 07 33 40 00000 0080 00002.0 $15,450.58
Parcel 07 33 40 00000 0080 00003.0 $14,577.61
Required annual payments 4112% interest
• September 25, 1991:
Payment on Parcel 2.0: $4,944.19 $3,090.12
Payment on Parcel 3.0: $4,664.83 $2,915.52
RECEIVED
APR 2 2 1998
CLERK TO THE BOARD
• February IS 1998:
Penalties & Late Fees of $24,882.81 waived by Board of County
Commissioners for extending Purchase Option Contract
• April, 1998
Balance Due: $43,082.92
(Principal & Interest)
APRIL 21, 1998
-61-
I
Director Keating noted that the Flinn property has 2 parcels and the assessment
project was done in 1990. The assessment was to have been paid in annual payments with
interest at 12%. Mr. Flinn did make 1 payment on each parcel in 1991 and penalties and
other charges were imposed thereafter. The penalties have previously been waived by the
Board. There is now a total due of $43,082.92, principal and interest. The penalties waived
were almost $20,000. The sewer line increased the value of the property and 2 appraisals
were done, both of which indicated consideration had been given to the utilities being
available. Those values have been reflected in the purchase price that Flinn has agreed to.
The purchase price is $1,353,550, split 3 ways in a cost -share with FIND and SJRVIMD.
If the assessment and interest are forgiven, Mr. Flinn would benefit twice. The current
option agreement, which has been extended several times, expires May 1, 1998. He also
noted that the assessment lien must be cleared in order to deliver clear title to the property.
Bob Flinn stated that the property had been under contract at one time for 1.6 million
dollars and they do not feel they should pay the full assessment as there will be no need for
sewer on that property.
Commissioner Adams felt that the whole area would need to be reassessed in order
to forgive Mr. Flinn's assessment which would have been paid by now if regular payments
had been made. The sewer line is of value simply because it is there and that value has been
considered in the purchase price.
Mr. Flinn stated he had been told by Mr. Asher of the Utilities Department that if he
wrote a letter, he would not be penalized. However, he is willing to pay the original
assessment.
County Administrator Jim Chandler noted that the total amount due is $43,082.92 and
that the Board in February had eliminated $24,882 in penalties. The contract states that any
outstanding liens are to be extinguished by the owner.
Commissioner Adams had a problem with forgiving the interest because the Board
has been unable to forgive interest on assessments for taxpayers who are really destitute
because of the problem of setting a precedent. She assured Mr. Flinn that she did sympathize
with his problem.
MOTION WAS MADE by Commissioner Adams to
lower the interest rate to the current rate of 8.5%.
MOTION DIED for lack of a second.
APRIL 21, 1998
-62-
40 0
County Administrator Chandler reminded the Board that has never been done before
for anyone else and cautioned the Board about setting a dangerous precedent.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, the Board
unanimously approved leaving the assessment as is.
11.A.1. LAND DEVELOPMENT REGULATION (LDR
AMENDMENT HEARINGS - APPROVAL OF 2 DATES
The Board reviewed a Memorandum of April 14, 1998:
TO: James E. Chandler
County Administrator
Pvi�ON HEAD CONCURRENCE:
Obert XvILKeating,
Community Development virectc/
'41S
FROM: Stan Boling, AICP
Planning Director
DATE: April 14, 1998
SUBJECT: Approval of Dates for Two Board Hearings to Consider LDR Amendments
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 21, 1998.
Several LDR amendment proposals have been initiated over the last several months that must now
be considered by the Board. Because some of the amendments would affect the listed uses allowed
in certain zoning districts, two public hearings are required
To minimize the number of required hearings, staff limits the number of times the LDRs are
amended. This has been done by holding proposed LDR amendments until a sufficient number of
amendments exists to process and consider at one time.
This set of proposed LDR amendments relates to several issues, including the following:
1. Codification and modification of SR 60 Corridor Plan requirements (staff & Board initiated)
2. Relationship between zoning districts and land use designations (staff initiated)
3. Incidental to development mining exemption (filed by Bent Pine Golf Club, IncJBruce
Barkett, Attorney)
4. Bed and breakfast uses (filed by Mr. and Mrs. Redstone/John Dean, Architect)
APRIL 219 1998
-63- bo'1K PFa�F:Nr�.
5. Sign regulations (staff -initiated)
6. Mini -storage parking (staff -initiated)
7. Affordable housing changes to match new comprehensive plan policies (staff -initiated)
8. Household pet definition and non-commercial kennels (staff and Planning and Zoning
Commission -initiated).
9. Mailed notice requirements: regular mail vs. certified mail (staff -initiated).
10. Recreational vehicle park occupancy time period and allowance for attaching carports and
porches (Sunshine Travel Park/Bruce Barkett, attorney).
The Planning and Zoning Commission (PZC) and the Professional Services Advisory Committee
(PSAC) have reviewed or are scheduled to review each proposed amendment. To proceed with the
review and approval process for the amendments, the Board must now set dates and times for its
required public hearings.
Planning staff has coordinated closely with the county attorney's office concerning state
requirements for LDR amendment hearings. The new legislation divides LDR amendments into two
types:
1. Amendments which change the actual list of permitted, conditional, or prohibited uses within
a zoning category (district); and
2. All other types of amendments.
One of the proposed amendments would change the list of uses allowed in certain zoning districts.
That amendment requires two hearings. Florida statutes provides that one hearing be held after 5:00
p.m., while the other hearing may be held before 5:00 p.m. (e.g. regular Board meeting time).
However, the statutes also state that, with 4 or 5 positive votes, the Board could vote to hold both
LDR hearings before 5:00 p.m., such as at a regular Tuesday morning Board meeting.
Even though only one of the ten proposed LDR amendments requires two hearings, it is staffs
opinion that all of the LDR amendments should be considered at two hearings. It is also staffs
opinion that the first hearing should be held after 5:00 p.m. to better accommodate public input, and
that the second hearing, which is generally shorter and more of a "wrap-up" meeting, should be held
during a regular Tuesday morning Board meeting.
One set of hearing dates which would comply with state hearing and advertising requirements and
would allow for two hearings for all proposed amendments is as follows:
Holing D.= U=
Meeting #1 Special meeting Monday, May 4, 1998 5:01 P.M.
Meeting #2 Regular meeting Tuesday, May 19, 1998 9:05 am.
Staff has tentatively reserved use of the Commission Chambers for these proposed dates. The Board
may establish any other dates that meet state requirements and during which the Chambers may be
used.
Staff recommends that the Board concur with the proposed hearing dates or set other hearing dates
to consider the proposed LDR amendments.
APRIL 21, 1998
#& 0
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Adams, the Board
unanimously approved a special meeting for
Monday, May 4, 1998 at 5:01 p.m. and a regular
meeting on Tuesday, May 19, 1998 at 9:05 a.m. to
considerthe proposed Land DevelopmentRegulation
amendments, as recommended by staff.
11.A.2. APPLICATIONS TO FLORIDA COMMUNITIES TRUST
(FCT) FOR COST -SHARE FUNDING UNDER THE
CURRENT GRANT CYCLE - (SERIES 1998A FUNDING
CYCLE) - WABASSO SCRUB ADDITION, HARMONY
OAKS, OYSTER BAR SALT MARSH, AND BLUE GOOSE
SITES
The Board reviewed a Memorandum of April 2, 1998:
TO: James E. Chandler
County Administrator
DE TMENT HEAD CONCURRENCE:
Obert M. Keating, CP
Community Development 154or
FROM: Roland M. DeBlois
Chie& Environmental Planning
DATE: April 2, 1998
SUBJECT: Approval of Environmental Land Project Submittals for Florida
Communities Trust (FCT) Cost -Share Funding Under the Current
FCT Grant Cycle
It is requested that the information herein presented be given formal consideration by the Board
of County Commissioners at its regular meeting of April 21, 1998.
The Florida Communities Trust (FCT) recently announced its "Series 1998A" funding cycle for
local governments to apply for environmental land acquisition funds. The deadline for
submitting applications under this new cycle is April 27, 1998.
The total amount of funds available from the FCT under this new cycle, which includes carry-
over funds from previous cycles, is approximately $50.06 million. The FCT program, however,
limits any one local govemment's award to 10% of the total fimds available. Therefore,
approximately $5.06 million in state match is potentially available to Indian River County this
cycle. In partnership applications, the share can be as high as 20% ($10.12 million) of the total
available funds.
APRIL 21, 1998
-65- d+- 1
JPay,_
16`0
t,60k- F t E Iiva�i
The County Land Acquisition Advisory Committee (LAAC), at its meeting on March 25, 1998,
voted unanimously to recommend that the Board of County Commissioners authorize staff to
submit the following sites for 50% cost -share funding under the Series 1998A FCT cycle:
"Wabasso Scrub Addition," " Harmony Oaks," "Oyster Bar Salt Marsh," and `Blue Goose"
sites. Of those sites recommended for FCT fimding applications, the Blue Goose site is under
review for addition to the LAAC site list, but is not presently on the list. Therefore, LAAC's
recommendation that the County apply for FCT fiords for the Blue Goose site is contingent upon
the site's listing on the LAAC acquisition list.
Following is a break -down of anticipated cost -share funding for the listed LAAC sites (not
including projects already acquired or with approved purchase contracts):
CARL Archie Carr (overall)
Spallone ACNWR
Carson Platt Estate
SJRWMD Oslo Riverfwnt South (Lowenstein/Salatna)
Indian River Fauns (Canty)
Vista Prop. Wetlands
Carson Platt Estate
FCT Lost Tree Islands
Round Island South
N. Sebastian C.A. Addition
Wabasso Scrub Addition
Harmony oaks
Oyster Bar Salt Marsh
N/A (Cons. Ease.) Padgett Branch/Berry Groves
PINWR Buffer
Knights/Gifford Plots Salt Marsh
North Sebastian C.A. Addition
The FCT has approved a project plan for after -the -fact 50% funding reimbursement for the St.
Sebastian PUD property. FCT has indicated that the County can do a "project boundary
amendment" to the St. Sebastian PUD grant, to include the ±19 acre "North Sebastian
Conservation Area Addition." Therefore, there is no need to submit a new application under the
Series 1998A cycle.
Wabasso Scrub Addition
The Wabasso Scrub Addition is north of and contiguous to the Wabasso Scrub Conservation
Area, which was acquired with 50% funding from the FCT under a previous grant. An
application for 50% funding of the Wabasso Scrub Addition under this cycle has an excellent
chance of approval.
Harmony Oaks
The County has an option contract on the Harmony Oaks property; a public hearing relating to
the purchase has been scheduled for April 21, 1998. As endorsed by LAAC, staff is
recommending that the County purchase the Harmony Oaks property on its own, and apply
after -the -fact for FCT 50% cost -share funding. Staff's opinion is that the Harmony Oaks property
has characteristics that will make it a very good candidate for FCT funding approval.
Oyster Bar Salt Marsh
The Oyster Bar Salt Marsh, on the barrier island north of Round Island Park, has characteristics
such that 50% FCT funding approval is probable. The Oyster Bar property has been identified as
a Phase I property of the Indian River Lagoon Blueway CARL project. However, because the
Blueway project is ranked 15m on. the State CARL list, and the fact that the Blueway project is
extensive with many properties in 5 counties, staff think it is more expeditious to apply for FCT
funding rather than wait for a CARL funding opportunity.
Blue Goose Site (Nominated)
The ±25 acre `Blue Goose" site on south Jungle Trail is under review by LAAC for
consideration to be added to the LAAC site acquisition list. Although the site is not yet on the
list, the property's characteristics ( lagoon -related wetlands; archaeological middens; frontage on
Jungle Trail, a state designated greenway) would likely qualify it for 50% FCT funding. The
County could apply for the FCT grant, and withdraw the application if the property does not
make the LAAC site list.
APRIL 21, 1998
-66-
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Conclusion
Of the sites presently on LAAC's site list, the Wabasso Scrub Addition, Harmony Oaks, and
Oyster Bar Salt Marsh sites are appropriate for FCT funding applications under for the new
Series 1998A cycle. The Blue Goose site is a good candidate for FCT funding, contingent upon it
making the LAAC site acquisition list.
Staff recommendsthat the Board of County Commissioners authorize staff to submit the
Wabasso Scrub Addition, Harmony Oaks, Oyster Bar Salt Marsh, and Blue Goose sites for 50%
cost -share funding under the Series 1998A FCT cycle, with the Blue Goose application
contingent upon its listing on the LAAC site acquisition list.
APRIL 21, 1998
-67-
APRIL 21, 1998
WABASSO SCRUB ADDITION
-68-
Ah
"aw
mc .
APRIL 21, 1998
N. OYSTER BAR SALT MARSH a
-69- [,OoK lu'5
APRIL 21, 1998
-70-
0 0
•
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Macht, that the
Board authorize staff to submit the Wabasso Scrub
Addition, Harmony Oaks, Oyster Bar Salt Marsh and
Blue Goose sites for 50% cost -share funding under
the Series 1998A FCT cycle, with the Blue Goose
application contingent upon its listing on the LAAC
site acquisition list, as recommended by staff.
Commissioner Ginn, under discussion, expressed the fact that she had been concerned
for sometime now about the direction the County is going relative to acquisitions of
environmentally sensitive lands. There is only a 5.5 million dollar balance of the initial 15
million dollar bond issue. She believed that foremost in the taxpayers' minds was that the
islands in the Indian River Lagoon remain undeveloped. She felt that a moratorium on
spending should be in place until the Board has a full report on committed monies, pending
transactions, the balance remaining, and re -prioritized lists of the lands involved. She
directed staff to provide that information as well as copies of minutes of all the LAAC
meetings as they occur in order to keep track of the funds and where we are in the purchases.
Commissioner Macht noted that the Lost Tree Islands property is currently in
litigation and the County has no standing in that suit.
Commissioner Adams thought there was no question that LAAC constantly knows
where they stand with regard to the funds and the lands involved.
Commissioner Macht stated that LAAC is updated constantly and the charge to LAAC
is to develop and prioritize the list under the guidelines they are given. The Lost Tree Island
property is listed at about number 16 or 19. The acquisition procedure calls for developing
the priority list and opening negotiations with the seller. If no agreement is made with the
seller, then you move on to the next property. There was no specific charge on any specific
property when the referendum was passed. He continued that there is nothing pristine about
the Lost Tree Islands property and that the Prang property had archeological considerations
and was an excellent purchase at a price well below the appraised value.
Commissioner Ginn thought the Board should start listening to the public outcry and
noted that people are calling the City in droves.
Commissioner Macht also noted that the Cairns property had 1,000 feet of oceanfront
property but was still purchased for less than the appraised value.
APRIL 21, 1998
6
-71-
d. �1j
Commissioner Ginn still felt the process should be stopped right now and believed
we have almost overspent the 15 million dollar bond issue.
Commissioner Adams suggested a staff presentation in 2 weeks.
County Administrator Chandler noted that this item is merely a submission of the
application and the application can be withdrawn should there be a change in direction.
Commissioner Macht requested that staff provide the documentation requested by
Mrs. Ginn as to pending sales, prioritization, the status of the bond issue, etc. in writing at
the earliest convenience.
MOTION WAS MADE by Commissioner Ginn to
call a moratorium on any purchases except for
Carson Platt or any others already scheduled to be
closed.
MOTION FAILED FOR LACK OF A SECOND.
THE CHAIRMAN CALLED THE QUESTION ON
THE ORIGINAL MOTION and the Motion passed
by a 4-1 vote (Commissioner Ginn opposed).
Commissioner Ginn questioned when the information would be available, and
Director Keating advised that the information would be presented on May 12*, 1998.
11.B. GREENLEAF BAR (H. L. JACKSONI - FIRE CODE
VIOLATIONS
The Board reviewed a Memorandum of April 21, 1998:
APRIL 21, 1998
-72-
0 0
r"� �► 9•• Indian River County
Department of Emeq
Rs .,+� ��' fire Preventh
1�► Fire Inspection / Plan
DATE: April 21, 1998
/ Education / Fire Investigation
MEMORANDUM
MEMO TO. Doug Wright,
Director of EmergeY y Services
FROM: Daniel J. Dieu B chieie! .
Fire Prevention Bureau
SUBJECT: Greenleaf Bar
4380 38'h Avenue
Voro Beach, FL 3.
We are here to
necessary regarding 11filMatWu lire code v
We were notified by the IRCSO of possible li
conducted the inspoetion last week (4/13/98) at
There are a total of 15 violations, several ofwl
the event of a fire or other emergency that requ
>r Fidt Doors open in an inward di
➢ Alp _Nk Si _ a marlting the exits
➢ No___ MMMW j8bfmC to illus
>~ No Panic Hamm on exit do*
> Tungstile Diadgim M1.EXA pe
101 ND FiEQ;AW3nJnJ&M that is re
These are the
We aro hying to work with Mr. Jackson to ad
may need this injunction to close the operation
1500 Old Dixie Highway, Vera Beach.
APRIL 21, 1998
RECEIVED
APR 21 1998
CLERK TO THE BOARD
z av ar;ILtc Aiv INJUN 7019 should it be
Wons at the Greenleaf Bar.
code violations at this location. A fire inspector
the owner was notified in person of the violations.
N combine to create a life threaten* situation in
s evacuation of the building. They are as follows:
tion (Occupancy ranges from 350 —500 persons)
ate the path of escape
IXRRWLHvUdim per Florida Statute 633.
compliance by this upcoming weekend but we
ld they not comply by Friday.
32960 (561) 770.5121 Fax (561)770-S117
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April 16, 1998
Indian River County
Department of Emerger
Fire Prevention
Fire Inspection / Plan
Mr. H. J. Jackson
Greenleaf Bar
4380 380" Ave.
Vero Beach, FL 32967
Dear Mr, Jackson:
The Fire Prevention Bureau wou
cooperation during our recent Flre/Llf
containing the results of this inspection
The Hems noted are In violation a
by Chapter 633 of Florida Statutes.
Violations are required to be
from receipt of this report unless
office to arrange a reinspection date.
If you have any further questions
770-5121.
1500 Old Dixie Highway. Vero Beach, F
FIRE/LIFE
001 LOCATION: Numerical ai
VIOLATION: Post six-inch
street or roar
REFERENCE: SFPC 603.1'
Note: Place
their visibilih
APRIL 21, 1998
Services
ureau
w / Education / Fire investigation
d like to extend our thanks to you for your
4 Safety Inspection. Attached Is the report
Ipnducted at your facli ty on April 13, 1998.
Iflre codes established by local ordinance and
id In a tMely manner, not to exceed 30 days
arrangements are made. Please notify this
do not hesitate to contact our office at
Yours for better fl fety,
Y/
Jeffrey P. piggs
,
Coptaln/Flre Inspector
Fire Prevention Bureau
32960 (561) 770-5121 Fax (561)770-5117
j INSPECTION REPORT
RE: Greenleaf Bar
Date: April 13, 1998
File #. 2539
address which shall be visible from the
high so parked vehicles will not block
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002
LOCATION:
Exit/entranc doors
VIOLATION:
Required exi entrance doors shall swing to the exterior.
REFERENCE:
LSC 1019-2 nd 5-2.1.4
003
LOCATION:
Main entrap 0/exit door
008
VIOLATION:
Remove the i lectronic sliding door from the main entrance/exit
REFERENCE:
LSC 1019-2 and 5-2.1.4
004
LOCATION:
All entrance/ xit doors
VIOLATION:
Panic hardw, re shall be Installed on all required entrance/exit
doors. No o ' er locks or latches may be installed on the doors
unless the anic hardware is designed and approved to
009
LOCATION:
release it
REFERENCE:
LSC 9-2.2.2. 1 and 5-2.1.7
005
LOCATION:
Rollup door
VIOLATION:
Remove or & cure in the open position to the satisfaction of this
010
LOCATION:
office one of is two rollup type doors that are located between
VIOLATION:
the east roo with mezzanine and the main bar room.
REFERENCE:
LSC 9-222
006
LOCATION:
Main entran exit
VIOLATION:
Remove the evice which resembles a turnstile
and all of its
related wm nents to Include the wooden stand. This area of
the entre exit must be cleared to provide uninhibited
REFERENCE:
egress.
012
REFERENCE:
LSC 1019-2 .2.7
007
LOCATION:
Mezzanine sin;
VIOLATION:
Provide an proved handrail for the mezzanine stairs. The
handrail heig it and layout does not meet the minimum criteria.
REFERENCE:
LSC 1019-2 3 and 5-2.2.4.2
008
LOCATION:
Throughout
VIOLATION:
Provide a fin alarm system
REFERENCE:
LSC 101 9-3
Note: As an ifternate methods of compliance a local fire alarm
System is acceptable to this office. Please have the licensed
fire alarm co tractor of your choice call for details.
009
LOCATION:
Required exi s and egress paths
VIOLATION:
Provide exit i directional signage with an emergency power
Ind
source.
REFERENCE:
LSC 1019-2 X10 and 5-10
010
LOCATION:
Throughout
VIOLATION:
Provide eme agency lighting
REFERENCE:
LSC 101 9-2 r and 5-9
011
LOCATION:
VIOLATION:
Throughout
Provide light hg in all areas to ensure safe egress.
Note: attend should be focused on stairs and entrance/exits,
keeping in more than one light bulb should be used so a
single bulb f ilure would not leave the area In darkness.
REFERENCE:
LSC 101 9- ' and 5-8
012
LOCATION:
Throughout
VIOLATION:
Extension cards may not be used as permanent wiring.
Remove all e Mansion cords from use.
REFERENCE:
SFPC 705, IS I=PA 70110-16 and LSC 1019-6
013
LOCATION:
Throughout
VIOLATION:
All Interior aril, exterior wiring shall be in rigid conduit. Remove
all lamp cord Wring presently secured to walls and ceilings.
REFERENCE:
County Ordir nee 401.24
014
LOCATION:
Throughout ,
VIOLATION:
Open wire s `ices require a receptacle
REFERENCE:
or junction box.
LSC 101 9-5 and 7-1 NFPA 70 370-17
APRIL 21, 1998
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•
015 I-OCATION: Throughout
VIOLATION: Fire extingu r
maximum h I
REFERENCE NFPA 10 3-11
1
SPECIAL REQUIREMENTS:
,s are mounted to high. Five feet Is the
to the top of the extinguisher.
This office has calculated your facilitieo, maximum occupancy load to be three hundred
,iAy three (363) persons, however this qtfice is reducing the maximum occupancy load to
ninety-nine (99) to be effective April 16, 1998. This Is being done to ensure a reasonable
degree of safety to all. This maximum cupancy load of ninety-nine (99) will remain In
effect until this office determines that;greater degree of safety has been achieved
through compliance of the listed violati+s. When you have complied with all violations
we will increase the maximum occupancy load accordingly.
INDIAN RIVER COUNTY
DEPARTMENT OF EMERGENCY SERVICES
to
e
EFFECTIVE APRIL 16, 1998
MAXIMP
s.
APRIL 21, 1998
PERSONS
GREENLEAF BAR
4380 38"" Avenue
FIRE DIVISION
FIRE PREVENTION BUREAU
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Emergency Services Director Doug Wright stated that efforts have been made to work
with the business owner but staff is unsure about his cooperation and would like to be
authorized to obtain an injunction to force compliance should it become necessary.
Dan Dietz, Bureau Chief, Fire Prevention Bureau, advised that an inspection had not
been made in this facility for a number of years but the situation was brought to their
attention as to a number of serious fire code violations. Several fires have occurred recently
with multiple deaths in these same circumstances. The Department is seeking compliance,
not enforcement, and has requested that the majority of the violations be corrected by Friday
before there is another weekend crowd of 350 to 500 people.
Commissioner Grin inquired whether the sign indicating a maximum occupancy of
99 people was hanging in the bar now, and Chief Dietz responded that they wanted them to
have fewer persons over the weekend until the requirements have been met.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Ginn, the Board
unanimously authorized staff to seek an injunction
should it be necessary regarding life threatening fire
code violations at the Greenleaf Bar, as
recommended by staff.
H.C. NEW COUNTY ADMINISTRATION BUILDING -
MASTER PLANNING/ARCHITECT SERVICES
RE -SCHEDULED FROM APRIL 149 1998 MEETING.
The Board reviewed a Memorandum of March 25, 1998:
APRIL 21, 1998
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_I
. Data March 25, 1999
To: Honorable Board of County Commissioners
Than James E. Cbaadler
County Admitusttator
From: H.? "Sonny" Dean. Din m4oy /
Depattatmt of General Services
Subject: New County Admimstrarion Budding - Master Planoitig/Architea Services
BACKGROUND:
On December 23,1997, the Board authorized staff to release a Request For Qualifications (RFQ) for the
subject project. Seventeen (17) proposals were received an the seed receipt date of Fe bnmy 11,
1998.
In accordance with Florida State Statutes 287.055, "Consultants Negotiation Act", a Selection Committee
was appointed. They reviewed the proposals and decided to hear oral proms from six (6) firms. On
Friday, March 20, 1998, the Committee interviewed the six firms and based on their experience and
qualifications determined the following prioritized short list
1. Spillis-Candela & Partners (SCP)
2. Schwab, Twitty & Hansa Architects (STH)
3. Hemton-Brady-Pryor-Meso Architects (HBpho
Staff recommends approval of the list as presented and authorize staff to enter unto negotiations with the
number ane ranked firm This process will be earned out as prescribed in the statutes and a contract will
be brought back to the Board for approval.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Ginn, that the Board
approve the submitted prioritized short list and
authorize staff to enter into negotiations with the
number one ranked firm, Spil is -Candela & Partners
(SCP), as recommended by staff.
Commissioner Ginn inquired whether references were checked, and General Services
Director Sonny Dean responded that he had checked them personally and there were no
problems. He spoke with several contractors and they all had good recommendations for the
firm. The fun has been in business in Florida since 1926 and has employed local people.
One of the principals, Don Dwore, is here today and has been with the company for 20+
years. Several of their projects were the St. Johns County Administration Center and the
South Florida Water Management District Headquarters.
Commissioner Macht inquired whether the firm has "sick building syndrome"
expertise, and Director Dean stated that had been one of their primary requirements.
Commissioner Ginn inquired whether Mr. Dwore would be present at the project, and
Director Dean advised that Mr. Dwore had assured him he would be present.
APRIL 21, 1998
Commissioner Ginn stated that she had also done some checking and found no
lawsuits or complaints. Another of their projects was the City of Juno Beach Governmental
Complex and they just fell in love with the design. She was told they even have windows
that open.
THE CHAIRMAN CALLED THE QUESTION and
the Motion passed unanimously.
H.H. CENTRAL REGION WASTEWATER TREATMENT
FACILITY - CONSTRUCTION OF NON -SPEC
EFFLUENT LINE - U.S. FILTER - DRIVEWAYS, INC.
The Board reviewed a Memorandum of April 13, 1998:
DATE: APRIL 13, 1998
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
i
FROM: DONALD R. HUBBS, P.E.
DIRECTOR OF UTILITY SERVICES
PREPARED AND ROBERT O. WISEMEN, P.E. _ q ""'
STAFFED BY: ENVIRONMENTAL ENGINEER
SUBJECT: CENTRAL REGION WASTEWATER TREATMENT FACILITY
CONSTRUCTION OF NON -SPEC EFFLUENT LINE
LABOR CONTRACT No. 4007, AUTHORIZATION No. 51
INDIAN RIVER COUNTY PROJECT #US -95 -23 -DC
BACKGROUND
On July 8, 1997 the Board of County Commissioners approved an in-house design and
permit for the non -spec effluent line at Bent Pine. The County is presently advertising for
bids for the expansion of the Central Region Wastewater Treatment Facility from 1.0 to
2.0 MGD capacity. The bid opening for the expansion project is scheduled for the end of
this month. The expansion construction utilizes the percolation pond area that is presently
being used for disposal of the non -spec eluent water from the existing treatment facility
(See attached graphic). Therefore, prior to beginning the construction, a non -spec effluent
line should be built to replace this percolation pond. Staff is ready to construct this non -
spec eluent line to prepare for the commencement of this expansion projea
ANALYSIS
The construction material will be supplied directly by US Filter, the County's annual
material contract supplier (Bid No. 6010). The total cost of material for this project is
$35,939.47. The delivery time for the valve and electronic actuator motor driver is 6 to 8
weeks. Staff is proposing to utilize the labor contract to construct this line. Driveways
Inc., the County's labor contractor has submitted the proposed Work Authorization, No.
51 in the amount of $9,310.70 to construct this non -spec effluent line.
The Board of County Commissioners has approved the cost for this portion of the project
in the amount of $50,000.00 which includes the survey, engineering and permit fees (See
the attached agenda item and minutes).
APRIL 21, 1998
RECOMMENDATION
The Staff of the Department of Utility Services recommends the Board of County
Commissioners to approve the following:
1. Direct purchase of material for the project from US Fffter in the amount of
$35,939.47.
2. Labor Contract, Work Authorization No. 51 with Driveways Inc., in the amount of
$9,310.70 through issuance of purchase Order Number.
ON MOTION by Commissioner Eggert,
SECONDED by Commissioner Macht, the Board
unanimously directed purchase of material for the
project from US Filter in the amount of $35,939.47
and authorized Work Authorization No. 51 with
Driveways, Inc. in the amount of $9,310.70, as
recommended by staff.
WORK AUTHORIZATION WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
13.B.1. VICE CHAIRMAN MRCHT - CARSON PLATT ESTATE
PROPERTY - NEGOTIATIONS WITH THE STATE -
RETAIN ATTORNEY BILL ROBERTS
The Board reviewed a Memorandum of April 16, 1998:
MEMORANDUM
TO: Board of County Commissioners
FROM: Commissioner Fran B. Adams
DATE: April 16, 1998
SUBJECT: Carson Platt Negotiations with the State
After discussing this issue with several contacts and analyzing the time limitations,
I suggest that we hire attorney Bill Roberts for a fee up to $5,000 to assist in my
contacts and negotiations with the Governor and Cabinet staff.
APRIL 219 1998
0 -80-
•
We only have five weeks until the purchase item is scheduled before the Cabinet
and much ground work needs to be done. This effort will take the expertise of
someone who has considerable experience with the Governor and Cabinet. Mr.
Roberts is currently the attorney for Florida Association of Counties (FAC) and is of
counsel with the Nabors and Giblin law firm.
I will be in Tallahassee on Wednesday, Thursday and Friday on both this matter and
the Aquaculture Use Zone matter.
Commissioner Adams concurred with Commissioner Macht that more latitude in
representing the County is needed than she was originally given. We need to keep in mind
that the matter comes before the Governor and the Cabinet in 30 days and some resolution
is needed by that time. When a major policy change is initiated, the wheels of government
grind exceedingly slow. There is a lot of ground to be covered before this comes up and she
requested latitude for negotiation rather than confrontation. She felt she was walking into
the lion's den with only a feather.
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Ginn, the Board
unanimously approved hiring Attorney Bill Roberts
for a fee up to $5,000 to assist in contacts and
negotiations with the Governor and Cabinet staff
regarding the purchase of the Carson Platt Estate
property.
13.B.2. VICE CHAIRMAN MRCHT - COMMENTS REGARDING
VICTIMS' RIGHTS CEREMONY
Vice Chairman Macht stated that he had represented the Board at a Victims' Rights
ceremony today in the little garden behind the Courthouse. He noted that the list of victims
grows longer every year and victims' rights has been overlooked for decades in this country,
while all the resources of government went to assist the perpetrators. He also commended
the Sheriff's Department's Judy Deeson, Victims' Rights Advocate. Ms. Deeson is doing
a great job.
Vice Chairman Macht then urged the Commissioners and the public to attend at least
one of the several ceremonies upcoming in the next week. These are very moving
ceremonies.
APRIL 21, 1998
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There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:06 a.m.
ATTEST:
J. on, Clerk
Minutes Approved: q
APRIL 21, 1998
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' V 12"I'll" , 11-5 1 _1.
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