HomeMy WebLinkAbout2/29/1984Wednesday, February 29, 1984
The Board of County Commissioners of Indian River
County, Florida, met in Special Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, February 29, 1984, at 9:00 A.M. Present were
Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; Margaret C. Bowman; and Richard N. Bird. Absent
was William C. Wodtke, Jr., who was out of the County on
business. Also present were Michael J. Wright, County
Administrator; Gary Brandenburg, Attorney to the Board of
County Commissioners; and Barbara Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order and
Michael J. Wright led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Lyons requested the addition to today's
- Agenda of a brief report on the Jail Committee.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the
Board unanimously (4-0, Commissioner
Wodtke being absent) added the above item
to today's Agenda.
Administrator Wright requested the addition to today's-
Agenda of a small change order that would complete the 16th
Street project change orders and expedite that project, and
was advised by Attorney Brandenburg that if this matter
required any action by the Board, it could not be added to
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today's Agenda. He explained that additions of items
requiring action by the Board cannot be made to the agenda
of a Special Meeting. Administrator'Wright withdrew his
request.
Commissioner Bird requested the addition to today's
Agenda of approval of his recommendations of people to serve
on the feasibility study for a County golf course. Attorney
Brandenburg advised that if this matter required any action
by the Board, it would have to be placed on the Agenda for
the next Regular Meeting on March 7, 1984. Commissioner
Bird then requested that his recommendations be presented to
the Board for their consideration only prior to next week's
meeting.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Lyons, the
Board unanimously (4-0) added the above item
to today's Agenda.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any corrections
or additions to the Minutes of the Regular Meeting of
February 15, 1984. There were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Bowman, the
Board unanimously (4-0) approved the Minutes
of the Regular Meeting of 2/15/84, as
written.
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ANNEXATION OF SOUTH BEACH UNINCORPORATED AREA INTO CITY OF
VERO BEACH
Chairman Scurlock reported that he and Attorney
Brandenburg had met with officials from the City of Vero
Beach in regard to the annexation, as requested by the Board
at the last meeting. In attendance at that meeting were
Mayor Dorothy Cain, City Manager John Little, and County
Administrator Michael Wright.
Attorney Brandenburg reviewed the three issues
discussed during the meeting:
#1 - County's 600,000 gallon wastewater allocation for the
South Beach area
Attorney Brandenburg explained that the County received
a 600,000 gallon wastewater allocation from the City through
a written interlocal agreement in 1973. The consensus at
the meeting was that the allocation is still retained by
the County; it is still viable and cannot be rescinded or
taken away from the County by the City of Vero Beach. In
order to obtain formal acknowledgement that the County's
allocation for the south mainland is secure and will
continue to be secure, City Attorney Charles Vitunac agreed
to place this matter on the agenda of the next City.Council
meeting.
Attorney Brandenburg felt that the City of Vero Beach
could not unilaterally change an.agreement. He explained
that the County was concerned that the City Council was
under the impression that the County's 600,000 gallon
allocation had expired with the agreement in 1983 at the end
of its ten year duration. As the case turned out, the
allocation was firmly established by a subsequent agreement,_
which was not based on the original 1973 agreement, and did
not expire in 1983. To make sure there was absolutely no
confusion.over that fact, the County asked the City to place
that on the agenda for confirmation.
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City Attorney Vitunac confirmed that this matter was
placed on the agenda for the next City Council meeting. He
advised that there is a memorandum attached to the 1980
agreement which asks for the City Council to reaffirm its
understanding of that agreement. He believed it would be
staff's position that the 1980 agreement is different and
apart from the 1973 agreement, which has expired; and that
agreement has a force and a life of its own. He stated
anyone interested would be welcomed to attend the meeting
and ask questions at that time.
#2.- Round Island Park
Chairman Scurlock explained that the County is
concerned about finding a vehicle to maintain control of
Round Island Park to allow its development under the County
park's master plan, especially since it will probably be one
of the last areas to be developed on the beach because it is
considerably removed from some of the more populated areas.
He reported that the County has pursued an approach to
establishing an overall master plan in order for owners.of
the adjoining property to be fully aware that future use of
the park would probably include tennis courts, boat ramps,
concession stands, etc.
Attorney Brandenburg expressed his concern that when
the County park is developed in ten years, it will be
surrounded by property owners who will be residents of the
City of Vero Beach by virtue of the annexation, and could,
therefore, appeal to the City Council that certain uses of
the park are not appropriate. He recalled that he had been
involved in a similar case in another county where it took
over three years to resolve the situation, and then only
after the Florida Legislature had threatened to de -annex the
town.
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Attorney Brandenburg reported that as a result of the
meeting, Attorney Vitunac expressed his doubts whether an
agreement could be formulated which he would feel comfortable
advising the City that it was legal and binding. _
Attorney Brandenburg distributed copies of the proposed
agreement that he had prepared for Attorney Vitunac to
present to the City Council. After reviewing the provisions
of the proposed agreement, the County Attorney stated that
if the City should not feel comfortable with this agreement
or a similar agreement, then it would be his recommendation
for the County not to agree to annexation of the park
property.
Commissioner Bird felt the agreement should include a
provision that when the County does develop the park, that
City utilities will be available. He did not feel that it
makes sense for the County to have to go in and provide some
sort of package plant at that time since the park would be
surrounded by City water service. Attorney Brandenburg
stated that he had considered including such a provision,
but did not do so, as he believed the City could not make a
decision on future water capacity or service at this time.
He felt it would;be appropriate that the City agree to plan
its public improvements in such a manner that it would
enhance the park rather than to detract from it.
Commissioner Bird felt that the matter should at least
be discussed now so that the City can keep in mind the
future development of the park relative to sizing of their
future utility lines, capacities, etc.
#�P3 - Water Service to the South Beach Area
Attorney Brandenburg recalled that the County has an
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agreement with tAe City regarding water service to the South
Beach area and the County attempting to build a sub -aqueous
crossing. That agreement provides that if the County
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decides within a certain timeframe that it is not financially
able to proceed with the crossing, it could turn certain
aspects of it over to the City. It is the position of the
City staff that when the County turns this service area over
to the City, the City would take theJ255 taps that are
currently tied into the system, plusall the vested customers
that are tied into the system, but they would not supply
water or any other services to any properties other than
those properties that agree to annex into the City. If the
annexation fails and the properties are not vested, the City
would take the position that they would not service those
properties. Should this happen, the County Attorney
advised that the County would still have the ability to
authorize franchises in the unincorporated areas.
Attorney Brandenburg explained that the service area
agreements with the City would not be modified by the
turnover of the 255 taps. If the City should -often on
their position and decide to serve some other properties
that are not annexed into the City, they would have to come
to the County and request permission under those service
area agreements, just as they have with certain small
subdivisions in the last 6 to 9 months.
Commissioner Bird felt that because development of the
South Beach area would be slower and done in smaller increments,
it would be more difficult to tie the undeveloped property
into some type of regional system such as the one in North
Beach.
In regard to the issue of water service in Round Island
Park, -City Attorney Vitunac stated that if the annexation
-occurs, it will be the responsibility of the City to serve
everyone in that area, property owners and County alike.
They will get their service under the standard City water
policy, whatever it is at that time, which probably will
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include impact fees. That is the same procedure now used
for City property owners.
Attorney Vitunac explained that if.the annexation does
not go through, City staff is in total agreement that -these
unvested property owners would remain the responsibility of
Indian River County. If the City decides to serve somebody,
that would be on a one-to-one negotiated basis. As he
understood it, it is the City's present policy not to
service areas outside the City limits and that would include
the South Beach area if the annexation fails.
Attorney Vitunac commended Attorney Brandenburg on his
preparation of the agreement and advised that he will
recommend today that the City sign it with the proviso that
if and when it is ever challenged that it will be many years
in.the future and only then will it be determined whether it
is enforceable or not.
Att,orney Brandenburg then asked Attorney Vitunac if he
would sign off on the agreement for legal sufficiency, and
stated that if Attorney Vitunac did not sign off for legal
sufficiency, he would advise the Board not to enter into the
agreement for the very fact that he did not want the record
to show that the City Attorney back then was reluctant to
advise City Council that it was legal. -
Attorney Vitunac felt, in the interests of good
annexation, that he would probably sign the agreement. He
would just put his concerns on the record.
Commissioner Lyons felt that all we are trying to do is
to ensure that the purpose for which the property was bought
is going to be carried out. He was reluctant to vote for
approval of the agreement if the two attorney.'s were not in
accord on the legality of the agreement.
Attorney Vitunac expressed his concern about the
possibility of this becoming an issue in 20 years and
whether the Council sitting at that time could be forced
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into supporting a de -annexation procedure. He did not feel
that concern is so real, however, that the City could not
sign this agreement now. i
Chairman Scurlock emphasized that the County has a
paramount responsibility to protect the park's property and
we just want to establish for the record that it will be a
public park for public use in order to eliminate some of the
problems that might crop up in the future. He recalled that
there were objections by surrounding property owners when
the County began development of the Tracking Station Park.
Attorney Vitunac suggested that in Item #3, line 10,
the wording be changed from "In the event the County
requests such de -annexation from the City of Vero Beach, the
City shall support such annexation", to "the City shall not
oppose such annexation."
Attorney Brandenburg stated that he prefers it the way
it stands because the State Legislature has never passed; -;a
special act if it affects a County and municipality unless
both bodies support it. That is the reason -for including
the provision in the agreement that the City adopt a resolution
supporting it.
Attorney Vitunac suggested that in second line of the
first Whereas clause, that the word "absentee" property
owners be changed to "all" property owners. Attorney
Brandenburg agreed to deletion of "absentee" from the
sentence.
Commissioner Lyons felt that if the County and the City
vote for this, then it is certainly the wish of the people
at this time. He did not feel the City of Vero Beach really
wants -to see anything different than what we are looking at
right now in the long run.
Commissioner Scurlock emphasized how important it was
that the City adopt the resolution as discussed, because if
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they don't and it becomes an issue, the matter would never
come up in Tallahassee.
Commissioner Bird understood that the County Attorney's
recommendation is that if the City does sign this agreement,
the County would then send in the consent card asking for a
referendum to be held on the annexation of South Beach. If
the City does not sign the agreement, then the County would
withdraw its properties from those areas to be annexed.
David Gregg, City Councilman, stated that the City has
assisted the County in the development of the Tracking
Station Park by providing the necessary vehicle for wastewater
service for the unincorporated area north of the City limits
to the southern boundary of Indian River Shores. The City
also provided capacity for Indian River Shores to have
wastewater service. He felt there has been a history of
cooperation between the County and the City in these areas
and that the City did not have any concerns regarding the
future development of Round Island Park. He did agree that
there will be an entirely different City Council seated when
the park is developed in approximately ten years.
Commissioner Lyons felt the Board just wants the record
to show their concerns regarding the future development of
the park.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously (4-0, Commissioner Wodtke being
absent), authorized the Chairman's signature
on the Interlocal Agreement Between Indian
River County and the City of Vero Beach
providing for the Consent to Hold a Referendum
Election for the Annexation of South Beach, with
the revision agreed to.
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Attorney Brandenburg advised he would make the one
revision on this agreement, and after execution by the
Chairman, it would be sent over to the City. As soon as the
agreement is approved by the City Council, signed by the
Mayor and returned, the County will sign the consent form
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for the referendum and send it over to the City.
JAIL COMMITTEE REPORT -
Commissioner Lyons reported that the Jail Committee
reviewed the last plans that were submitted by the architect
and had their questions answered about staffing. The
recommendation of the Committee is that the Board adopt the
plans after presentation by the architects at the next
meeting of the Board of Commissioners on March 7th. Secondly,
Commissioner Lyons reported that the Committee would like
the Commission to consider using a construction management
firm for the jail, and to send it out for bids. They
believe that if we are going to have a construction management
firm, the time to have their services is right now because
they get together with the architect during design process
and suggest changes in the drawings and specifications. A
construction management firm can save considerable time and
costs on the construction phase if they get on the job right
at the very beginning. There is also the advantage of a
guaranteed price. If they exceed that price, it is their
problem; if it turns out to be less, they refund it to the
County.
Administrator Wright reported that he has scheduled a
presentation by a construction management firm at the next
Commission meeting. The presentation would take about 30
minutes.
Chairman Scurlock asked if we could bid it out two
ways: for general contractor and construction management.
Administrator Wright stated that if we take time to bid the
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construction management out, we lose the advantage of having
the firm on board from the early beginning.
Commissioner Lyons reported that additional beds can be
added to the jail during construction at a savings.of_
roughly $2,000-$3,000 a bed, and we may want to bid the
project out with alternates. He also hoped that by the next
meeting, we would have the recommendation of the Finance
Advisory Committee on how to finance the project. He
believed it was the general consensus of the Committee that
they liked the sales tax vehicle.
Chairman Scurlock asked if we have any better idea of
the sales tax figure to be used to finance the construction.
Administrator Wright explained that there are other sources
of revenues and staff is in the process of looking at these
and the sales tax figures, and would present them at the
next Commission meeting.
Administrator Wright explained that the Board will need
to make the following decisions:
1) After presentation of the architectural schematic
plan next week, the Board will be asked for
authorization for the architects to proceed with the
design development and get it ready to bid, which
will take 90-120 days.
2) Whether or not to use a construction management firm.
Administrator Wright reported that in addition to the
presentation of the construction management firm, other
alternatives would be presented to the Board for their
consideration.
RECOMMENDATIONS FOR GOLF COURSE COMMITTEE
Commissioner Bird presented a list of eight individuals
he is recommending to be appointed to the feasibility study
committee for the construction of a County golf course.
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Counting himself as chairman, there would be a total of nine
on the committee.
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Commissioner Bird reported that�he+had received numerous
requests from people to serve on this committee and had
found it very difficult to choose. He felt that the people
listed here represent a good cross section of backgrounds
and are very capable of making a sound business -like decision
as to whether it is economically feasible to construct a
public golf course in the County, and if it is, how to go
about it.
Commissioner Bird asked the Board to review his
recommendations prior to approval at.next week's meeting and
if any of the Commissioners have any thoughts on the matter,
to please get back to him.
The several bills and accounts against the County
having been audited were examined and found to be correct
were approved and warrants issued in settlement of same as
follows: Treasury Fund Nos. 90503 - 90842 inclusive. Such
bills and accounts being on file in the Office of the Clerk
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 10:00 o'clock
A. M.
ATTEST:
WqIU_d a - &)J�,
Clerk
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Chairman