Loading...
HomeMy WebLinkAbout12/23/1986Fi7� Tuesday, December 23, 1986 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, December 23, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting -to order and led the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Scurlock announced that today is the annual organizational meeting of the Board and reviewed the procedures to be followed in electing new Commission officers. He opened the floor to nominations for Chairman. Commissioner Eggert placed the name of Commissioner Scurlock in nomination. There being no further nominations, Chairman Scurlock declared the nominations closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reelected Don C. Scurlock, Jr. as Chairman of the Board of County Commissioners for 1987. BOOK 6r pArr r 1 r�'J� L -,d Q -r - DEC 2 3 1986 BOOK E 1'2'0 8 Chairman Scurlock opened the floor to nominations for Vice Chairman. Commissioner Eggert placed the name of Commissioner Bowman in nomination. There being no further nominations, Chairman Scurlock declared the nominations closed. ON MOTION by Commissioner Eggert, SECONDED by 1 - Commissioner Wheeler, the Board unanimously reelected Margaret C. Bowman as Vice Chairman of the Board of County Commissioners for 1987. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Wheeler requested the addition of a discussion of the establishment of a long-range planning committee for courthouse needs and a new Marine Advisory Board. Attorney Vitunac requested that an employment agreement for a replacement attorney in the Public Defender's Office be added. Administrator Balczun requested the addition of authorization to sign off on the FEC permit on the Gifford Sewer Project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of 12/2/86. There were none. 2 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Berard unanimously approved the Minutes of the Regular Meeting of 12/2/86, as written. CONSENT AGENDA Chairman Scurlock requested that Items•L and N be removed from the Consent Agenda for discussion. A. Authorization for Out -of -County Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized out -of -county travel for Commissioners and appropriate staff to attend New Commissioners Workshop in Tallahassee on January 14-15, 1987. B. Authorization for Out -of -County Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized out -of -county travel for Commissioners and appropriate staff to attend Florida's Water Future Conference in Tallahassee on January 29-30, 1987. C. Acceptance of Bid for Cart Paths at Sandridge Golf Club The Board reviewed the following memo dated 12/16/86: r. 2a DEC 2 3 1986 BOOK F��Ef DEC 1986BOOK TO: The Honorable Members of DATE: Dec. 16, 1986 FILE: the Board of County Commissioners THRU: Charles P. Balczun SUBJECT: County Administrator FROM: L. S. "Tommy" Thomas REFERENCES: Intergovernmental Coordinator Attached are the bids for the Cart Paths at Sandridge Golf Course. Staff recommends that the low bid in the amount of $120,000 from Damon Construction Company be accepted. This is for 10,000 ft. of linear concrete path, 4 inches thick and 8 feet wide. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously awarded the bid for the construction of 10,000 ft. of linear concrete path at Sandridge Golf Club to the low bidder, Damon Construction Company, in the amount of $120,000, as recommended by staff. BOARD OF COUNTY COMMISSIONERS 1840 25th Street • Vero Beach, Florida 32960 n BID TABULATION BID NO. DATE OF OPENING Dec. 12 19.86`%• BID TITLE Sandridge Golf Course.- Concrete Cart Paths v �1 ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UN 3 r � � D. 27th Avenue & 4th Street Intersection Utility Improvements The Board reviewed the following memo dated 12/1/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: December 1, 1986 THRU: CHARLES P. BALCZUN, ADMINISTRATOR0 VIA: TERRANCE G. PINTO, DIRECTOR OF U -L TY SERVICES FROM: JEFFREY A. BOONE, ENGINEERING OPERATIONS MANAGER DIVISION OF UTILITY SERVICES SUBJECT: 27TH AVENUE & 4TH STREET INTERSECTION UTILITY IMPROVEMENTS BACKGROUND The Public Works Division is preparing to make substantial roadway improvements at the intersection of 27th Avenue and 4th Street. The Utilities•Division proposes that dry lines conforming to the water sytem master plan be installed prior to the pending roadway improvements to avoid disturbing the improved areas in the future. The master plan calls for a 16 -inch water main on 27th Avenue and a 12 -inch water main on 4th Street. AVAT.VCTC The Division of Utility Services has had preliminary discussions with Lloyd and Associates, Inc., the engineers for the subject roadway improvements. Additional engineering fees in the amount of 10% of the cost of construction of the subject water mains, not to exceed $2,000, have been agreed upon. The estimated construction cost is $15,000.00 and.will be accomplished by means of .a change order to the Public Works Division contract with Dennis L. Smith, Inc. Engineering fees will cover design, DER permitting and construction inspection. The engineering and construction costs will be funded by the -Division of Utility Services Impact Fee Fund. ' RECOMMENDATION The Division of, Utility Services recommends that the Board of County Commissioners approve the subject utility construction "by authorizing change orders to the existing agreement for engineering services between the Public Works Division and Lloyd and Associates, Inc., and the existing construction contract with Dennis L. Smith, Inc. 4 1� BOOK 66 f'�1Gc �3 s DEC 2 t�jl 1986 BOOK ON MOTION by Commissioner Bird, SECONDED by 66 r,1�` ' `16,3: Commissioner Eggert, the Board unanimously approved the subject utility construction and authorized change orders to the existing agreement for engineering services between the Public Works Division and Lloyd and Associates, Inc., and the existing construction contract with Dennis L. Smith, Inc., as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. 27th Avenue & 4th St. Intersection Utility Improvements - Addendum #1 The Board reviewed the following memo dated 12/15/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: December 15, 1986 THRU: Charles G. Balczun. County Administrator �',. VIA: Terrance G. Pinto, Director of Utility Services FROM: Jeffrey A. Boone,- -Engineering Operations Manager SUBJECT: ADDENDUM #1 - 27TH AVENUE & 4TH STREET INTERSECTION UTILITY IMPROVEMENTS BACKGROUND As outlined in the original agenda item dated December 1, 1986 for the subject utility project, a construction cost estimate of $15,000.00,was prepared by Lloyd & Associates, Inc. However, bids for the subject utility construction were significantly higher. Bids -were received from two contractors and are outlined below: COASTLINE UTILITIES, INC. $27,352.72 TED MYERS CONSTRUCTION, INC. $28,646.52 TATA T VQ TQ ViV Time is of the essence, since the subject utility improvements must be completed in conjunction with the intersection improvements being made by the Public Works Division. With this in mind, the Division of Utility Services has directed Lloyd & Associates, Inc. to proceed with the preparation,of a change order for construction. Per original discussions with Lloyd & Associates, Inc., engineering fees for the utility improvements will be 100 of the total construction cost, not to exceed $2,000.00. Engineering fees and construction costs for the subject utility improvements shall be paid by the Division of Utility Services Impact Fee Fund. 5 RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners approve the subject utility construction by authorizing the attached change order for construction in the amount of $27,352.72 and approve payment for engineering fees to Lloyd and Associates, Inc., not to exceed $2,000.00, for a total Utilities project cost of $29,352.72. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order #1 for construction in the amount of $27,352.72 and approve payment for engineering fees to Lloyd and Associates, Inc., for an amount not to exceed $2000, for a total utilities project cost of $29,352.72, as recommended by staff. CHANGE ORDER No. 1 Dated 12/12/86 Owner's Project No. 8621/8551 Engineer's Project NO- 86-584/86/792 Street Project Improvements at 4th Avenue- and 27th Avemuo Arm 16th strop} and 43rd Avenue Owner Indian River County Contractor Dennis L. Smith. Inc. Contract Date Contract For Roadway Improvements Nature of the Change: Installation of 200 L.F. of 16" D.I.P. water main and 500 L.F. of 12" D.I.P. water main. (See attached breakdown sheet) The changes re§ult in the following adjustment of Contract Price and Time: _ Contract Price Prior to this Change Order $ 98,444.85 Net (Increase) resulting from this Change Order $ 27,352.72 Current Price Including This Change Order $ 125,797.27 Contract Time Prior to this Change Order -45- Calendar Days. i Net (Increase) kammmmx=k resulting from this Change order -15- Calendar Days Current Contract time including this Change Order -60- Calendar Days 0 6 BOOK 66 F7F,F TSJ DEC 2 S 1986 Boa j�rJ i. a •d 3 The above changes are approved: -,.LLOYD __ESSOCI TESINC. inee-. -. - By: r Date: l /2 12186 The above changes are accepted: DENNIS L. SMITH, INC. Cont or By: Date: ACCEPTED BY: APPROVED AS TO LEGAL* BOARD OF COUNTY -COMMISSIONERS SUFFICIENCY INDIAN RIVER COUNTY, FLORIDA Charles Vitunac, County Attorney Don C. Scurl , r., C i� an APPROVEDAS TO UTILITY Date: 12/23/86 MATTE err P t , irector Uti i ies Division CHANGE ORDER NO. 1 ' MISCELLANEOUS INTERSECTION IMPROVEMENTS - I Item Est. Unit Total No. Description Qty. Unit Price Amount -_.. mechanical-- -- -'- joint, Class 52, C/L (Follower glands not required) 108 L.F. $ 35.91 $ 3,878.28 2. 16" D.I.P., push -on joint, Class 50, C/L 72 L.F. $ 32.51 $ 2,340.72 3. 12" D.I.P., mechanical joint, Class 52, C/L -- - - --- --- - (Follower- glands no - .required) 108 L.F. $ 27.38 $ 2,957.04 4. 12" D.I.P., push -on joint, Class 50, C/L 396 L.F. $ 24.58 $ 9,733.68 S. 16" Butterfly valve and 1 EACH $ 1,885.00 $ 1,885.00 box 6. 12" Butterfly valve and--- _ 1 EACH $ 950.00 $ 950.00 box 7. 16" Retainer glands 4 EACH $ 122.00 $ 488.00 8. 12" Retainer glands 4 EACH $ 80.00 $ 320.00 9. Fittings 1 TON $ 3,800.00 $ 3,800.00 10. Bond, Insurance and Contract Administration 1 SUB -TOTAL: $ 26,352.72 L.S. $ 1,000.00 $ 1,000.00 TOTAL: $ 27,352.72 Page 3 of 3 Pages F. DER/Army Corps/DNR Permit Application - Robert Laber The Board reviewed the following memo dated 12/15/86: TO: The honorable. Members DATEpecember 15, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS SUBJECT: AND D.N.R. PERMIT Robert M. Keat ng, CP APPLICATIONS Planning & Develop enctor THROUGH: Art Challacombe Chief, Environmental Planning FROM: Roland M. Deslol REFERENCES: Laber Staff Planner %AO TM#87-159 1' Environment Planning Section DIS:IBMIRD It is requested that the'data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 23, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO. 31-128061-4 Applicant: Mr. Robert Laber 3206 Cardinal Drive Vero Beach, FL 32963 - Waterway & Location: The project is.located in the Indian River in Castaway Cove Subdivision, Wave II, adjacent to Lot 12, Section 8, Township 33 South, Range 40 East, Indian River County, Florida. The upland property associated with the project is on Winding River Road, located in the unincorporated portion of the County. Work & Purpose: The applicant proposes to construct a private residential L-shaped dock with a 4' X 50' main access pier :and a 10' X 16' terminal platform (total square footage: 3601). No sewage pump -out or fueling facilities are proposed. No dredging or filling will be performed. - ALTERNATIVES & ANALYSIS: -. The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan - Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region - The Hutchinson Island Planning & Management Plan - The Indian River County Code of Laws and Ordinances - Chapter 16Q-20, Florida Administrative Code 8 BOOK 66 F',� E 'Tw�� �.T 3 1966 County records indicate that a principal structure does not presently exist on the subject property. Section 25.1(C)(7), Appendix A, Zoning, of the Code of Laws and Ordinances of Indian River County requires an administrative permit for docks constructed prior to the construction of a principal single-family dwelling unit. Also, if mangroves are to be altered in association with the project, a County mangrove alteration permit is required prior to construction. Staff review indicates that the proposed dockage project is to be located within the Indian River Aquatic Preserve. Section 16Q-20.04(5) of the Florida Administrative Code sets forth specific standards and criteria for private residential docks s constructed within the Aquatic Preserve. Preliminary review indicates that the project as illustrated in the application meets 16Q-20 standards. The information presented in part 7(A)(2)(a) of the appli- cation, describing the proposed pier length ("60 feet") and width ("four & eight") does not correspond with the submitted drawing of the dock (length 50 feet, w�4 idth ._ feet), THi— discrepancy should be clarified prior to permit issuance. The extent to which the submerged bottomlands of the proposed project area will be impacted has not been determined; the effect of Indian River development on ecologically valuable seagrass beds should be considered. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward the following comments regarding this project to the Florida Department of Environmental Regu- lation: 1) Construction of the proposed dockage project will not be Permitted by Indian River County until County regulations regarding dock construction -and mangrove alteration (if applicable) have been satisfied. 2) The Department of Environmental Regulation and other appropriate agencies should coordinate with the D.N.R., in that the project as proposed is located in the Indian River Aquatic Preserve and therefore subject to require- ments of Chapter 16Q-20, Florida Administrative Code. 3) The information presented in part 7(A)(2)(a) of the application, describing pier length and width, does not correspond with dimensions illustrated in the.drawing of the project, and should be clarified. . 4) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of the project on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized staff to forward to the DER the 4 comments set out in the above memo. 9 � � s G. Release of Easement - A. A. Ber Gary and Tracy Faulkner Subdivision, Lot 37 - The Board reviewed the following memo dated 12/3/86: TO: The Honorable Members DATE:December 3, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT REQUEST SUBJECT: BY GARY & TRACY FAULKNER Robert M. Keati g, C.P. SUBJECT PROPERTY: LOT 37, Planning & Development Director A.A. BERRY SUBDIVISION FROM: Charles W. Heath FAULKNER Enforcement Officer REFERENCES: DISK. REMSEMO Code It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 23, 1986. DESCRIPTION AND CONDITIONS: The County has been petitioned by Gary and Tracy Faulkner, owners��of the subject property, for the release of the twenty. (20) foot utility easement, being the easterly twenty (20) feet of Lot 37, A.A. Berry Subdivision, Section 22, Township 30, Range 38 East, Indian River County, Florida; said property being a part of the Fleming Grant and:being a subdivision of certain land laid out by A.A. Berry and described in Deed Book 12, page 464, St. Lucie County Records; _said land lying and being in Indian River County, Florida. It is the Faulkners' intention to construct, a single-family residence on the pro- perty. The current zoning classification is RS -3, Single -Family Residential District. The Land Use Designation is LD -1, Low Density Residential, up to three units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell, Florida Power and Light, Jones Intercable, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there were no objections to the release of the easement. The Zoning staff analysis showed that the drainage could be handled on-site. RECOMMENDATION: Staff recommends to the Board, through adoption of a resolution, the release of the Easterly twenty (20) foot utility easement of Lot 37, A.A. Berry Subdivision, being the East twenty (20) feet of Lot 37, Section 22, Township 30, Range 38 East, Indian River County, Florida; said property being a part of the Fleming Grant and being a subdivision of certain land Laid out by A.A. Berry as part of the land described in Deed 9o: ok 12, Page 464, St. Lucie County Public Records; said land lying and being in Indian River County, Florida. DEC 2 3 1986 10 BOOR �r?Ur 7a�7 .k DEC 2 � 1986 BOOK ON MOTION by Commissioner Bird, SECONDED by 6,6 C 7_�" -1 Commissioner Eggert, the Board unanimously adopted Resolution 86-110, abandoning a 20 -ft, utility easement in A. A. Berry Subdivision, Lot 37, as requested by Gary and Tracy Faulkner. RESOLUTION NO. 86-110 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE A.A. Berry Subdivision, Lot 37 Being part of the Fleming Grant WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian a River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Gary A. and Tracy L Faulkner, his wife, whose mailing address is P. 0. Box 1437, Sebastian, Florida 32958, Grantee, as follows: Indian -River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commissioner Bird , seconded by Commissioner Eggert , and adopted on the 23rd day of December 1986, by the following vote: Commissioner Scurlock Aye Commissioner Bowman Aye Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rdday of December , 1986. RESOLUTION NO. 86-110 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G Don C. Scu ock, Jr. Chairman RESOLUTION NO. 86-110 EXHIBIT "A" The Easterly twenty (20) feet of Lot 37, Section 22, Township 30, Range 38 East, Indian River County, Florida, said property being a part of the Fleming Grant and being a subdivision of certain land laid out by A.A. Berry as part of the land described in Deed Book 12, Page 464, St. Lucie County Public Records; said land. lying and being in Indian River County, Florida. 12 D _ 1986 L- BOOK. uur.7 J 9, Block D, - Glen and Anna Damon The Board reviewed the following memo dated 12/3/86: TO: The Honorable Members DATE:December 3, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT BY SUBJECT: ANNAEST M. DAMONEN R. & Robert M. Keatingr .I.C.P. SUBJECT PROPERTY: Planning &'Development Director LOTS 8 & 9 OSLO PARK SUBDIVISION UNIT 1 BLOCK D FROM: Charles W. Heath REFERENCES: - Code Enforcement Officer DAMON MEMO DISK. REMS It is requested that data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 23, 1986. DESCRIPTION AND CONDITIONS: The County has been petitioned by Glen R. & Anna M. Damon, owners of the subject property, for the release of the side lot Utility easements of Lots 8 & 9, Block D, Oslo Park Subdivision Unit 1, being the Northerly two and one half ( 2 } ) feet of Lot 8, and the Southerly two and one half (2}) feet of Lot 9, Section 24, Township 33, Range 39, as Recorded in Plat Book 3, Page 96, of the Public Records of Indian River County, Florida. It is the Damons' intention to consolidate the lots to cons- truct a 3,204 square foot warehouse on the property. The current zoning classification is CH, Heavy ICommercial District. The land use designation is MXD, Mixed Use District.. ALTERNATIVES ANALYSIS: The request has been reviewed by Southern Bell, Florida Power & Light, Florida Cablevision Corporation, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there are no objections to the release of the ease- ments. The zoning staff analysis, which included a site visit, showed that the drainage would be adequately handled -on-site. 1.0 RECOMMENDATION: Staff recommends to the Board, through adoption of a reso- lution, the release of the common two and one (2}) feet side lot easements of Lots 8 & 9, Block D, Oslo Park Subdivision Unit 1, being the Northerly two and one half (2J) feet of Lot 8, and the Southerly two and one half (2J) feet of Lot 9, Block D, Oslo Park. Subdivision Unit 1, as recorded in the Public Records of Indian River County, Florida. 13 3 1986 BOOK 6 F 140 H. Release of Easement - Oslo Park Subdivision,_ Unit 1, Lots 8 & 9, Block D, - Glen and Anna Damon The Board reviewed the following memo dated 12/3/86: TO: The Honorable Members DATE:December 3, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT BY SUBJECT: ANNAEST M. DAMONEN R. & Robert M. Keatingr .I.C.P. SUBJECT PROPERTY: Planning &'Development Director LOTS 8 & 9 OSLO PARK SUBDIVISION UNIT 1 BLOCK D FROM: Charles W. Heath REFERENCES: - Code Enforcement Officer DAMON MEMO DISK. REMS It is requested that data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 23, 1986. DESCRIPTION AND CONDITIONS: The County has been petitioned by Glen R. & Anna M. Damon, owners of the subject property, for the release of the side lot Utility easements of Lots 8 & 9, Block D, Oslo Park Subdivision Unit 1, being the Northerly two and one half ( 2 } ) feet of Lot 8, and the Southerly two and one half (2}) feet of Lot 9, Section 24, Township 33, Range 39, as Recorded in Plat Book 3, Page 96, of the Public Records of Indian River County, Florida. It is the Damons' intention to consolidate the lots to cons- truct a 3,204 square foot warehouse on the property. The current zoning classification is CH, Heavy ICommercial District. The land use designation is MXD, Mixed Use District.. ALTERNATIVES ANALYSIS: The request has been reviewed by Southern Bell, Florida Power & Light, Florida Cablevision Corporation, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there are no objections to the release of the ease- ments. The zoning staff analysis, which included a site visit, showed that the drainage would be adequately handled -on-site. 1.0 RECOMMENDATION: Staff recommends to the Board, through adoption of a reso- lution, the release of the common two and one (2}) feet side lot easements of Lots 8 & 9, Block D, Oslo Park Subdivision Unit 1, being the Northerly two and one half (2J) feet of Lot 8, and the Southerly two and one half (2J) feet of Lot 9, Block D, Oslo Park. Subdivision Unit 1, as recorded in the Public Records of Indian River County, Florida. 13 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 86-111, releasing the common 21 -ft. side lot easements of Lots 8 & 9, Block D, Oslo Park Subdivision Unit 1, as requested by Glen & Anna Damon. RESOLUTION NO. 86-111 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE OSLO Park Subdivision Unit 1 Block D, Lots 8 & 9 PBI 3-96 WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian R River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Glen R. & Anna M. Damon, whose mailing address is P. 0. Box 650748, Vero Beach, Florida 32965-0748, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. L2 2 3 ��� 1 4 BOOK 66 F���E 741 J DEC 2 986 BOOK 66 -�',�u; I. Release of Easement - Wallace Acres Subdivision, Lots 11 & 12 - Francis and Elizabeth Kelly The Board reviewed the following memo dated 12/12/86: TO: The Honorable Members DATE: December 12, 1986 FILE: of .the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT REQUEST BY FRANCIS P. SUBJECT: KELLY & ELIZABETH KELLY SUBJECT PROPERTY: LOTS 11 AbberM. Kea g, Mcp & 12, WALLACE ACRES SUB - Planning & Development Director DIVISION FROM: Betty Davis REFERENCES: RE/Kelly •Code Enforcement Officer It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 23, 1986. DESCRIPTION AND CONDITIONS: The County has been petitioned by Francis P. and Elizabeth Kelly, owners of the subject property, for the release of the rear lot 10' utility easement of Lots 11 & 12, Wallace Acres Subdivision, being the northerly 10 feet thereof, as recorded in Plat Book 7, Page 12, of the Public Records of Indian River County, Florida. It is the Kelly's intention to consolidate the lots to form one large building parcel. The current zoning classification is CL, Limited Commercial District. The land use designation is LD -2, Low Density District. ALTERNATIVES & ANALYSIS: The request has been reviewed by Southern Bell, Florida.Power & Light, City Utilities Department, Florida Cablevision Corpora- tion, and the Indian River County Utility and Right-of-way Departments. Based upon their reviews, there are no objections to the release of the easements. The zoning staff analysis, which included a site visit, showed that the drainage would be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board, through adoption of a resolu- tion, the release of the rear lot ten (10) foot easement of Lots 11 & 12, Wallace Acres Subdivision, being the northerly ten (10) feet of Lots 11 & 12, Wallace Acres Subdivision, as recorded in th Public Records of Indian River County, Florida. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 86-112, releasing the 10 -ft. rear lot easement of Lots 11 & 12, Wallace Acres Subdivision, as requested by Francis and Elizabeth Kelly. 16 Book 66 Fa t 7C-3 D 0 2 ) 1986 RESOLUTION NO. 86-112 BOOK 66 f',v,F 744 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE WALLACE ACRES SUBDIVISION, LOTS 11 AND 12. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Francis P. & Elizabeth Kelly, whose mailing address is 3544 Ocean Drive, Vero Beach, FL 32963, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commissioner Bird , seconded by Commissioner Eggert , and adopted on the 23rd day of December , 1986, by the following vote: Commissioner Scurlock Aye Commissioner Bowman Aye Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of December , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By i Don C. Scur ock, Jr Chairman EXHIBIT "A" The northerly ten (10) feet of Lots 11 and 12, Wallace Acres Subdivision, as recorded in Plat Book 7, Page 12, Public Records of Indian River County, Florida. 17 J. Approval of Developers Agreement with Sam E. Moon for Oaklawn Center Project The Board reviewed the following memo dated 12/16/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: DECEMBER 16, 1986 THRU: CHARLES P. BALCZUN, ADMINISTRATOR VIA: TERRANCE G. PINTO, DIRECT R OF UTILITY SERVICES; FROM: ALBERT J. VALDIVIA SPECIAL DEVELOPMENTS OJECT ENGINEER SUBJECT: OAKLAWN CENTER (SAM E. MOON PROPERTY) (KINGS HIGHWAY AND S.R. #60) The Division of Utility Services has required certain offsite wastewater facilities to be oversized to meet County master plan requirements. The Division of Utility Services required the offsite gravity collection line to be installed deeper to serve the surrounding properties, as per the wastewater master plan. ANALYSIS Attached for your review and approval are five copies of the subject Developers Agreement, outlining the- allowable reimbursement for oversizing of utilities amounting to $1,475.00. As outlined in the Agreement, the Developer shall be reimbursed with 50% of all impact fees collected from the subject project and any surrounding properties who connect within five years of acceptance of the improvements by the Division of Utility Services,- not to exceed the $1,475.00 allowable reimbursement. RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners approve and execute the accompanying Developers Agreement with Sam E. Moon for the Oaklawn Center project. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved ` the Developers Agreement with Sam E. Moon for the Oaklawn Center project, as recommended by staff, and authorized the Chairman's signature. 18 BOOK 66 rvJc 0 45 J - U E 0 12, � 1936 AN AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA and SAM E. MOON BOOK H '�-'F 746, 12-05-86utilAJV Granting reimbursements for oversizing certain on site and off site utilities required the County. // THIS AGREEMENT mad Xae b e this � day of , 198_, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, (County), and Sam E. Moon, 1401 20th Street, Vero Beach, FL, 32960, (Developer), WITNESSETH: WHEREAS, The Developer, in conjunction with the construction of the Oaklawn Center, is extending an offsite wastewater collection line to serve the subject project and surrou4ding properties; and WHEREAS, the County has required the Developer to oversize the offsite utility improvements to serve the regional area and has agreed to reimburse the Developer for the cost of oversizing the offsite utility; NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the County and the Developer agree as follows: 1. The Developer shall construct all necessary offsite utilities including oversizing necessary to serve the subject project and surrounding area. The County agrees to reimburse the Developer for the oversizing of offsite utilities as outlined below: ITEM Gravity Sewer Oversizing Gravity Sewer Increased Depth TOTAL REIMBURSEMENT $1,100.00 $ 275.00 Drop Manholes Increased Depth $ 100.00 TOTAL: $1,475.00 2. The County shall reimburse the Developer with 50% of all impact fees collected from the Oaklawn Center and surrounding properties who connect to the portion of the wastewater system constructed in conjunction with the Oaklawn Center during the first five years after acceptance of the subject construction by the County, not to exceed the total allowable reimbursement of $1,475.00. IN WITNESS WHEREOF, the County and the Developer have caused these presents to be executed in their name the day and year first above written. M- --- -1- J (seal) Clerk to the ' Bo Approved as to form and legal sufficiency: e'�_eA2; Charles P. Vi.tunac County Attorney Approved by Board of County Commissioners 12/23/86 SAM E. MOON INDIAN RIVER COUNTY, FLORIDA BY _2 , c 44 Z�OZ_z Don C. Scurloc , Jr. Chairman 9 Approved for Util' y Matters: T1 G. into, Director Div. of Utility Services K. Certificate of Public Convenience and Necessity for Non -Emergency Ambulance Service - Lifeline Medical Services, Inc. The Board reviewed the following letter dated 12/12/86: As you know, in the past the Board of County Commissioners of Indian River County has issued Lifeline Medical Services, Inc. a Certificate of Public Convenience and Necessity for Non -Emer- gency Ambulance Service. It is presently time for us to begin our state licensure renewal. We would like to continue to ser- vice Indian River County and hope that the Commission will issue Lifeline a renewal on our certificate. 20 D E C 2 2> 198 800 a g a r. CAL SE'VICES, INC, � �10h STREET • FORT PIERCE, FLORIDA 33450 • 305/465-0410 DIS'31 RIBUTION LIST Commissioners Addrnir,istrator December 12, 1986 Airney v —� Pei onnel Board of County Commissioners Pu: .1c Wor;ts -� Indian River County Cor. -rounity Lev. P.O. Box 1028 Utili,les Vero Beach, FL 32961 Fina!!ce Dear Sirs: As you know, in the past the Board of County Commissioners of Indian River County has issued Lifeline Medical Services, Inc. a Certificate of Public Convenience and Necessity for Non -Emer- gency Ambulance Service. It is presently time for us to begin our state licensure renewal. We would like to continue to ser- vice Indian River County and hope that the Commission will issue Lifeline a renewal on our certificate. 20 D E C 2 2> 198 800 a g a r. J_ 93- BOOK 6 ` " 748 We are operating seven days a week and provide quality ambulance service to all residents of the county. We are Medicare and Med- icaid providers and provide in county and out of county trans- portation. Our base rate is $90.00 and we charge $3.25 per mile. Our rates are based on a state average and when billing to Med- icare or Medicaid we charge only the allowable rates approved by these agencies. We are also happy to provide all patients with itemized statements and paid Medicare forms so they may be reimbursed by their insurance companies. If we bill to an agency such as Medicare the patients is only responsible for a small balance. We are presently licensed by the state of Florida on a two year basis and would certainly appreciate the Commission considering a certificate issued for a two year period. In all other sur- rounding counties we are issued a two year certificate as well as the state -Basic Life Support License. We certainly appreciate your attention in this matter and should you need additional information please feel free to contact our office. Thank you in advance for your consideration regarding this ertificate. Sinc rely, borah A rouse Manager ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 86-116, issuing a Certificate of Public Convenience and Necessity to Lifeline Medical Services, Inc, for Non -Emergency Ambulance Service. 21 RESOLUTION NO. 86-116 NON -EMERGENCY AMBULANCE SERVICE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, the LIFELINE MEDICAL SERVICES, INC. provides quality non -emergency ambulance service to the citizens of Indian River County; and WHEREAS, it has been demonstrated that there is a need for this ambulance service to operate in the County and provide essential services to the citizens of this County on a non-exclusive basis; and WHEREAS, the above ambulance service has indicated that it will comply with all the requirements of the Emergency Medical Services Act of 1973, as amended; NOW, THEREFORE, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA hereby issues a CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to LIFELINE MEDICAL SERVICES, INC. from December 23, 1986 to December 23, 1988 and that in issuing this Certificate it is understood that the above named ambulance service will meet the requirements of State Legislation and provide non -emergency ambulance service for Indian River County. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: ' �'; By / C DON SC 0 Y,, JU thail—rman FREDA W IGHT, eoe APPROVED S TO LEGAL SUFFICIENCY Charles Vitunac, County Attorney Approved by Board December 23, 1986 F-7- - E G 2 ,- BOOK 66 750 L. IRC Bid #321,_ Fire_Extinguisher Inspection & Servicing (Annual Bid) The Board reviewed the following memo dated 12/8/86: TO: Board of County Commissioners DATE: Dec. 8, 1936 FILE: (7�1) THRU: Joseph. aird SUBJECT: IRC Bid #321 -Fire Extinguisher Director, Budget Office Inspection & Servicing (Annual Bid) FROMZ�2-,O��&�REFERENCE Caroly .poodrich, Manager `S' Purcha v ng Department 1. Description and Conditions Bids were received Thursday, October 30, 1986 att11:00 A.M. for Fire Extinguishers Maintenance and Servicing. 5 Bid Proposals were sent out, 5 Bids were received. 2. Alternatives and Analysis Per the attached memo from Lynn Williams, based on the size, type and number of extinguishers in the County, the lower overall bid would be All American Fire and Safety, Vero Beach, F1. 3. Recommendation and Funding Staff recommends that IRC #321 be awarded to All American Fire and Safety. __Funds are budgeted in Account #001-220-519-033.49. Chairman Scurlock explained that he requested that this item be removed from the Consent Agenda for discussion because an individual in the audience wished to be heard. Chris Prewitt of American Safety Products of the Treasure Coast emphasized that.although the annual fire extinguisher bids were sent out twice, they still do not meet the fire standards. He stressed that no brand name was used for the powder used in refueling and they were the only firm that specified "new powder." Mr. Prewitt urged the Board to review this bid before it is awarded, because he felt there were some real problems here. 23 Lynn Williams, Superintendent of Building & Grounds, explained that Bob Hunt of the Fire Department looked over the specifications before they went out and felt they were sufficient. Commissioner Bird wished to see this reviewed as some of the items are bid so low it seems that a mistake was made. Commissioner Eggert was concerned that -no attention was paid to name brands. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously tabled this item for further review. M. Approval of Change Order for Sheriff's Admin. Bldg. The Board reviewed the following memo dated 12/17/86: TO:The Honorable Members of DATE: December 17, 1986 FILE: the Board of County Commissioners THRU: Charles P. Balczun SUBJECT: Change order for County Administrator Sheriff's Administration Bldg. (IRC 3-1) FROM: H. T. Dean REFERENCES: Director General Services Subject change order is divided in two categories. Items "A" are in reference to the "911" Center. Items "B" represent changes for the Sheriff's Administration Building. On December 12, 1986, Mr. Charles Block, Architect for the project, informed the Board that a change order was forth -coming in reference to conduit being installed beneath the slab of the two buildings. Items "A" are for the "911" Center that were not included in the original general contract. Staff recommends approval as submitted by the Architect. 24 6 F,��;E 751 BOOK ' DEC 2 3 1986 D E C 23 1966 BOOK 66FrUE 75? ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the above change order for the Sheriff's Administration Building, as recommended by staff. c.e, block architect, inc. -0 December 16, 1986 -0 U' �. DEC3 rECEIVED -.. P, Q Mr. Sonny Dean .ervices < Q Indian River county ��2/;%rr:'�!' C Administration Building Q 1840 25th Street • Vero Beach, Florida 32960 west side of shortened shop building for possible future phone company "SLC" unit O Re: Sheriff's Administration Building/911 CT Dear Mr. Dean: O x (A)-2. Revise telephone and electrical service to 911 to come up in same location. Provide stub N Please find enclosed revised costs for underslab work for the above 0- U referenced project. Based on updated information received yesterday, • items =3 and "18 have been changed. Please disregard information on this < subject previously sent to your office. CD Cost- 3,166.00 O If you should have any questions, please call. 13 located in southwest corner outside 911 room.) CD Sincerely, Q n Cost: 703.00 i3 O Q Vincent Nicotra .. c.e, block architect "inc, .0 Sheriffs Administration Building/911 '0 CYI Under Slab Costs W Key A - Indicates a 911 underslab underground grou requirement for main building or shop. 10 3 Key B - Indicates a sheriffs underslab requirement Q Q (A)-1. Stub out 2" PVC from emergency circuit at MTS panel 60 amp/2 pole circuit breaker to west side of shortened shop building for possible future phone company "SLC" unit N • Cast: 248.00 -0 (A)-2. Revise telephone and electrical service to 911 to come up in same location. Provide stub O out -for 911 telephone to west edge of pavement iT _ Cost: 4,704.00 0 (A)-3. Provide 4' ORS conduit for electric service to 911 in lieu of what shown originally (complete run). (V Cost- 3,166.00 CD U (A)-4. Provide (6) -4" refrigerant line conduits for 911 A/C units. (Additional 911 pad to be < located in southwest corner outside 911 room.) Q O Cost: 703.00 i3 M 25 I (A)-5. Provide 2- ORS conduit from room 110 to jail for CAR.E. computer. Cost 4,625.00 (A)-6. Provide conduit stubbed out from 911 to room 100 as shown on revised plan for 2 -way intercom. Cost: 187.00 (A)-7. Add additional electrical conduit for 911 air conditioning condenser to new 911 A/C pad. Cost 500.00 (A)-8. Provide conduit sleeves for grounding wires as required for grounding wells end rods. Cost: 200.00 (A)-9. Provide condult only for duplication of all monitoring equipment as required for room 102, also in 911 room at supervisor booth location. Include duplication of annunciator panel, emergency alert system, CCTV monitoring and switchers, etc. annunciator panel for fire alarm all as shown on sheet E-6. Also extend cable end wiring for CCTV cameras to 911 location as required (A)-10. Provide water seal for 911 footing& Cost 727.00 Cost 421.00 (B)-11 Provide 2' conduit in lieu of 1 `conduit specified in addendum from phone board to jail phone board Cost: 2,118.00 (B)-12 Room 109 - Provide phone outlet, clean circuit and junction box with 1 "ORS conduit running back to location at 911 as indicated by "X" on plans. Cost 460.00. (B)-13. Provide 10 ph one jacks to backwall of room 109. (ost 479.00 (8)-14. Relocate computer board to room 110. Cost No charge (B)-15 Provide clean circuit end computer outlet for rooms 22, 805, 24, 15 and add clean circuit only for rooms 10, 203, 205 and add phone outlet for rooms 24 and 805. Cost 811.00 (B)-16. Eliminate two phone outlets in room 206 Credit (87.00) (B)-17. Room 208 - Relocate clean circuits, computer outlets, and phone outlets to location as shown in revised floor plan. Stub -up services as required and coordinate with equipment furnished by owner. Cost: No Charge (B)-18. Provide conduit for additional camera at shop building exterior to monitor jail activities. Cost: 785.00 (8)-19. Provide 2" ORS conduit from room 110 to 911 equipment room for CAR.E. ccmputer connection. Cost- 726.00 M-20. )-20. Provide 2' ORS from 911 equipment room off of CP panel to room 110 for CARE. electrical power. Cost- 726.00 W-2 )-21. Provide 2" ORS conduit from records computer station in room 208 to room 110 for computer connection. Cost 462.00 (B)-22. Provide 3 dedicated circuits and one phone outlet in room 110 for computer terminal and printer. 26 BOOK W, 66 FvU.753 -r - DEC 2 3 1966 BOOK 6 b" uGr ej 54 N. Sebastian Square_ Associates, Ltd. The Board reviewed the following memo dated 12/11/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: December 11, 1986. THRU: Charles G Balczun. County Admini t ator VIA: Terrance G. Pinto, Director 'lity Serv��es FROM: Albert J. Valdivia, Private Developments .r 7ects Engineer SUBJECT: SEBASTIAN SQUARE ASSOCIATES, LTD. BACKGROUND The Division of Utility Services has entered into an agreement with Sebastian Square Associates, Ltd., for the construction of the Sebastian Square -project. (See map attached hereto). RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners approve and execute the accompanying Developers Agreement with Sebastian Square Associates, Ltd., P. O. Box 302, Longwood, FL 32750, for the Sebastian Square project. Chairman Scurlock wished to have this agreement redrafted as a Memorandum of Understanding rather than a Developers Agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously instructed the Legal Dept. to draft a Memorandum of Understanding and bring it back to the Board for approval. 27 Cost 259.00 Subtotal (A) Item 15,481.00 Subtotal (B) Items 6,739.00 Total Costs (A) and (B) 22,220.00 Additional Costs Contractors Liability .5X .005 111.00 Subtotal - 22,331.00 - - Permit Cost .3X .003 67.00 f Subtotal 22,398.00 Contractors OH & P 10X .102.240 00 Subtotal 24,638.00 Bond Cost 1.5z .015 370.00 GRAND TOTAL (A) AND (B) 25,008.00 N. Sebastian Square_ Associates, Ltd. The Board reviewed the following memo dated 12/11/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: December 11, 1986. THRU: Charles G Balczun. County Admini t ator VIA: Terrance G. Pinto, Director 'lity Serv��es FROM: Albert J. Valdivia, Private Developments .r 7ects Engineer SUBJECT: SEBASTIAN SQUARE ASSOCIATES, LTD. BACKGROUND The Division of Utility Services has entered into an agreement with Sebastian Square Associates, Ltd., for the construction of the Sebastian Square -project. (See map attached hereto). RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners approve and execute the accompanying Developers Agreement with Sebastian Square Associates, Ltd., P. O. Box 302, Longwood, FL 32750, for the Sebastian Square project. Chairman Scurlock wished to have this agreement redrafted as a Memorandum of Understanding rather than a Developers Agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously instructed the Legal Dept. to draft a Memorandum of Understanding and bring it back to the Board for approval. 27 0. Partial Release of 18 ERUs on SR -60 Sewer Project - Countryside South The Board reviewed the followinq memo dated 12/18/86: TO: County Commission DATE: December 18, 1986 FILE: FROM: Alice E. White Administrative Aide I SUBJECT' Partial Release of 18 ERUs, Countryside South REFERENCES: Realcor-Vero Beach Associates request partial release of 18 ERUs for the following Lots in Countryside South; SR -60 Sewer Project: Lot 435, Gleason 445, Digangi 515, Brewer 52S, Roule 615, Purdy 217S, Comstock 239S, Mullen 255S, Martin 256S, King 257S# McMahon 258S, Martin 259S, Plyler 260S, Champagny 262S, Hoogendoorn 264S, Boucher 274S, Franklin 276S, Cerniglia 277S, Carson ON MOTION by Commissioner Bird, SECONDED by mk� Commissioner Eggert, the Board unanimously approved partial release of assessment lien for 18 ERUs on the SR -60 Sewer Project, Countryside South. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 28 L-WDEC 2 � 196 BOOK 66 r,,,E 755 r77 - AJ 1966 BOOK P. Acceptance of Bonds for Trustees of Indian River Memorial Hospital ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved bonds for the following trustees of Indian River Memorial Hospital and authorized the Chairman's signature: Eleanor M. Hrdina �- Joyce S. Salter Hugh K. McCrystal, M.D. G. Julius Rice SAID BONDS ARE°ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COMMITTEE APPOINTMENTS/REAPPOINTMENTS A. Building_Code Board of Adjustments ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Dorothy Hudson to_a 4 -year term on the Building Code -of Adjustments. B. Board of Zoning Adjustments ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird., the Board unanimously reappointed Maureen Poole from District 1 and Fred Plair from District 3 to 2 -year terms on the Board of Zoning Adjustments. C. Indian River County Council on Aging Commissioner Bowman recommended that Commissioner Eggert be appointed. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously appointed Commissioner Eggert to a one-year term on the Indian River County Council on Aging. 29 D. _Economic Opportunities Council ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously appointed Freddie Woolfork from District 2 and reappointed the following incumbents to 1 -year terms on the Economic Opportunities Committee: Theodore Smith - District I Carol Hayslip - District 3 Helen Wright - District 5 E. Finance Advisory Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Joseph Minotty and Harold Putnam to 2 -year terms on the Finance Advisory Committee. F. Housing Finance Authority An appointment to fill a vacancy for a 4 -year term will be made at a later date. G. Liaison between County & Emergency Management ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Chairman Scurlock to a 1 -year term as Liaison between the County and Emergency Management. H. Local Energy Management ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Doug Wright to a 1 -year term on Local Energy Management. 30BOOK (;tU� U E 0 2 1986 RE 0 2 3 1986 BOOK 66 F'vUF 758 I. Regional Energy Management ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Doug Wright to a 1 -year term on Regional Energy Management. J. Overall Extension Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Helen Summerall from District 1 and Kathryn Dean from District 2 to 2 -year terms on the Overall Extension Committee. K. Planning & Zoning Commission ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously reappointed Claude Kleckner from District 2 to a 4 -year term on the Planning &.Zoning Commission. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously reappointed John Tippin from District 4 to a 4 -year term on the Planning & Zoning Commission. L. Parks and Recreation Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board reappointed the following incumbents to 1 -year terms on the Parks and Recreation Committee: Richard N. Bird Michael Wodtke Susan Wilson George Schum Alfred MacAdam Valarie Brant Jean Carter Pat Callahan 31 II M. Vero Beach Recreation Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board reappointed Commissioner Bird to a 1 -year term on the Vero Beach Recreation Committee. N. Vero Beach Bicycle Path Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board reappointed Commissioner Bird to a 1 -year term on the Vero Beach Bicycle Path Committee. 0. South County Fire Advisory Board ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board reappointed Daniel Richey to a 1 -year term on the South County Fire Advisory Board. P. Transportation Planning Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously reappointed the following incumbents to 1 -year terms on the Transportation Planning Committee: Margaret C. Bowman (B.C.C. Vice Chairman) William Cochrane Kenneth Roth A. J. Todd, Jr. Gene Waddell Paul Cosner Walter Jackson Lee Johnston Q. Emergency Services Coordinating Committee The Board reviewed the following memo dated 12/18/86: 32 BOOK F'GF �j9 TO: County Commission DATE: Decenber 18, 1986 FILE: SUBJECT: Appointments to Emergency Services Coordinating Committee FROM: Alice E. White REFERENCES: Administrative Aide I Attached is Resolution No. 84-43 which. created the Emergency Services Coordinating Committee. No appointments were ever made to this Committee; therefore, no meetires were ever held. It is suggested that designees from the following emergency services participants be appointed: County Commission Indian River County Volunteer Ambulance Squad Sebastian Volunteer Ambulance Squad Fellsmere Volunteer Ambulance Squad Indian River County Sheriff Office South County Fire Department North County Fire Department Indian River Shores Indian River Memorial Hospital Ex -officio members: County Administrator Emergency Management County Attorney Chairman Scurlock felt that the length of the terms for members on this committee should be addressed, but in the meantime we should proceed with activating the committee today and designate the participants from the various emergency services with Commissioner Eggert as serving as chairman. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously approved designees from the above listed participating emergency services. DISSOLUTION OF COMMITTEES The Board reviewed the following memo dated 12/7/86: 33 TO: County Commissioners ®ATE: December 7, 1986 FILE: SUBJECT: Dissolution of Committees FROM: Don Scurlock, Jr. Chairman REFERENCES: ' I would like to discuss the possibility of dissolving the following County committees. Some of the committees have completed their assignments, and some have not met in such a long time that the membership is obsolete. ANIMAL CONTROL COMMITTEE (Ordinance drafted - has not met in 3j years) BLUE RIBBON COMMITTEE (STRAW BALLOT STUDY) (Task completed) COUNTY -WIDE RECREATION STUDY COMMITTEE (Has not met in 2 years) GIFFORD SEWER & WATER ADVISORY COMMITTEE (Task completed) GOLF COURSE FEASIBILITY STUDY COMMITTEE (Feasibility Study completed) '�=L COMMITTEE (SUB -COMMITTEE OF PUBLIC SAFETY COMMITTEE) MARINE ISLAND ADVISORY COMMITTEE (Has not met in 5 years) f MOBILE HOME ADVISORY BOARD (The Mobile Home Advisory Board made a motion at their 12/2/86 meeting to recommend dissolution of this Board. The new State Law makes this Board obsolete) OCCUPATIONAL LICENSE COMMITTEE (Task completed) __- PUBLIC SAFETY COMMITTEE -. This Committee only has three (3) members remaining. It is suggested that this Committee be dissolved for the present, and reformed if the need arises. Before Mr. Earman resigned as Chairman of the Public Safety Committee, he set up a sub -committee to discuss Courthouse needs. The sub -committee was to study future needs, if a new Courthouse should be constructed, where it should be located, parking, etc. The sub -committee has not met as yet. It is recommended that a new COURTHOUSE STUDY COMMITTEE be established. SEAGRASS PRESERVATION & RESTORATION COMMITTEE (Original assignment completed, however, report has not been made to Commission. Last meeting was January 27, 1986) 34 DEC 2 3 1986 Boor 6 - 1 - D E D 2 6 1986 BOCK 66 F' F(62 -7 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously dissolved the following committees: Animal Control Committee Blue Ribbon Committee County -Wide Recreation Study Committee Gifford Sewer 8 Water Advisory Committee Golf Course Feasibility Study Committee Jail Committee (Sub -Committee of Public Safety Committee) Mobile Home Advisory Board Occupational License Committee Public Safety Committee Marine_ Island_ Advisory Committee Commissioner Bowman wished to see this committee remain, but would like to have it reorganized with herself as chairman. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously agreed to the continuance of the Marine Island Advisory Committee with the appointment of all new members and to be chaired_by Commissioner Bowman. Sea_qrass Preservation & Restoration Committee Commissioner Bowman did not feel this committee had finished their assignment and wished for it to remain active. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously agreed to the continuance of the Seagrass Preservation 8 Restoration Committee. Courthouse Committee and Marine Advisory Committee The Board reviewed the following memo dated 12/21/86: 35 U TO: County Commissioners DATE: December 21, 1986 FILE: SUBJECT: Courthouse Committee Marine Advisory Committee FROM: Gary C. wheeler REFERENCES: Commissioner - l At the December 23 meeting, the County Commission will discuss the possibility of setting up a long-range planning committee for courthouse needs. If a committee is established, I would like to chair it. It is my feeling that the committee should contain someone from the downtown area, a judge, an attorney, and a representative of the City Council. I would also like to set up a new Marine Advisory Board. The object of this Board would be to look at the Indian River, its uses as to recreation and the ecology of it through a local perspective. It would be my recommendation that the Board be comprised of a County Commissioner (preferably myself), a member from an ecology group (e.g., Audubon), a representative of commercial fishermen, and someone representing sport oriented fishermen or recreational boaters. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the Legal Dept. to prepare resolutions establishing the Courthouse Committee and the Marine Advisory Committee with Commissioner Wheeler serving as chairman of both committees, and bring them back to the Board. RALMAR ASSOCIATES' REQUEST TO CHANGE PUBLIC HEARING DATE FROM JANUARY 6 TO JANUARY 13 The Board reviewed the following letter dated 12/17/86: 36 BOOK 66 nAuc '7 63 SAMUEL A. BLOCK MARGARET E. MANN HAND DELIVERED 1- December 17, 1986 BLOCK & MANN, P.A. ATTORNEYS AT LAW 2127 TENTH AVENUE VERO BEACH, FLORIDA 32960 DEC 1986 ARD e0UMy COMMISSIONERS Mr. Don C. (Doug) Scurlock, Jr. Chairman, Board of County Commissioners 1840 - 25th Street Vero Beach, Florida 32960 Boos 6 6 F',�1])-r 7 64 RE: Appeal by Ralmar Associates, Incorporated Request for Conceptual Approval Of a PRD with Special Exception Relating to 26.2 Acres of RS -3 Property Located on 16th Street Dear Mr. Scurlock: TELEPHONE (305) 562-1600 On behalf of Ralmar Associates, Incorporated, this letter will serve as a formal request for a scheduled hearing change on the aforementioned issue from its scheduled date of January 6, 1987 until the next counsel meeting set for January 13, 1987. The reason for this request is Ralmar Associate's desire to present this matter to the full County Commission. It is Ralmars understanding that Commissioner Wheeler will be on vacation during the January 6 meeting. I have discussed the practical difficulties encountered in rescheduling this hearing now that the hearing has been pub- lished for January 6, 1987, and have agreed with staff to bear the expense of re -advertisement in this regard. Furthermore, in order to sufficiently notice the public as to the scheduled change, it will be necessary to place an advertisement in the paper beginning December 22, 1986, prior to our formal presen- tation and request to the County Commission for a new date, which will take place on December 23. I would appreciate your authorizing Stan Boling to proceed with the re -advertisement prior to the presentation so that Ralmar Associates will not have to delay the matter for presentation until January 20, 1987. It is my understanding that Stan Boling has contacted Bruce Barkett as to the steps necessary to reschedule the presenta- tion and that Mr. Barkett has approved the foregoing method. Thank you for your consideration and attention to these mat- ters. Yours very t ly, Ben ett L. Rabin 37 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously postponed the Public Hearing scheduled for January 6, 1987, to January 13, 1987, as requested by Ralmar Associates. PUBLIC HEARING - ESTABLISHMENT OF MUNICIPAL SERVICE TAXING UNIT FOR VERO SHORES STREET LIGHTING DISTRICT The hour of 9:30 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the A�ee �Court, was pub- lished in said newspaper in the issues of .tel—`! aV Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. ����/dd�� Sworn to and subscribed before m his day of A. D. `� (Business Manager) 1, 38 .t4 _IBLI ;p(C NOTICE -"'Board of County Commissioners of Indian Rive County, ° Florida; will conduct a Public' Hearing on Tuesday, December 23. 1986 at 9:30 a m In the.Commlaslon Chambers'at_ 1840 25th ;. Street, Vero Beach,; FL 32980. to consider th9. d adoption of an ordinance entitled: AN ORDINANCE OF _INDIAN RIVER COUNTY, FLORIDA, . CREATING THE ` VERO SHORES MUNICIPAL. SERVICE ;TAXING UNIT; PROVIDING FOR THE CREATION OF THE TAXING UNIT; PUR- POSE; DETERMINATION OF COST OF -STREET LIGHTING SERVICE OR OTHER APPROVED SERVICE; LEVY OF ASSESSMENTS. ADOPTION OF BUDG- ET; EXEMPTION FROM TAXATION OR ASSESSMENTS; DISPOSITION OF PRO- CEEDS FOR THE DISTRICT FOR STREET LIGHTING OR OTHER PUR- POSES; INCORPORATION IN CODE; SEVERABILITY: AND EFFECTfVE DATE If any person decides, to appeal any decision made on the above matter. he/She will need a record, of the, proceedings, and for such pur poses, he/she may need to ensure that a verba - tits record of the proceedings is made, which record Includes the testimony in evidence on which the appeal Is based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DON C. SCURLOCK; JR., CHAIRMAN Dec. 5,1986 .,....._ - ;_ _ Boor p ,F'l65 F-7 - DEC 2 7BOOK Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Allen Ballard, 1974 5th Court, S.E., reported that in response to a ballot he mailed out, he received 13 votes in opposition to the street lighting district and 3 votes in favor of it; however, most of the people who responded said that they had not received any notice of the proposed taxing district. Commissioner Bird wanted to know what procedures were used, and Assistant County Attorney Jim Wilson explained that a letter was received from the Vero Shores Homeowners Association requesting the MSTU. Since it appeared to be a legitimate request by people authorized to do so, staff went ahead and put the budget together for the taxing district. The only contact has been with the Homeowners Association. Commissioner Bird felt that perhaps our procedure should be changed, but Attorney Wilson noted this is the first time there has been any objection to a request for --the establishment of a street lighting district. County Attorney Charles Vitunac recommended that in the future anyone wishing to establish a street lighting district meet first with the County Administrator. William Davenport, Sr., President of the Vero Shores Homeowners Association, emphasized that this matter has been discussed at everyone of their past four general meetings, and on each occasion he has been directed to get it before the County Commission for approval. He noted that Mr. Ballard attended one of those meetings and felt that Mr. Ballard had circulated misinformation about the cost of the district along with his ballots. Mr. Davenport reported that OMB Director Joe Baird had answered every question he had asked and done everything he could to assist them in this matter. The residents of Vero Shores have been trying for 5 years to get the subdivision lighted. Based on information from FP& L, the cost is estimated at $30 for each lot for the first year and $24 a lot thereafter. 39 Chairman Scurlock asked what percentage of the people belong to the association, and Mr. Davenport advised that out of 213 lots, there are 98 members, and those members are 3-1 in favor of taking this last step to establish the district. He urged the Board's approval. Mr. Ballard disputed that the claim that 500 of the residents are in favor of the taxing district. Commissioner Wheeler asked how Mr. Ballard's petition was worded, and Mr. Ballard explained that the ballot contained some misinformation because he had misunderstood some of the estimated figures. Commissioner Bowman asked him if he went back and told the people that he had made a mistake on the figures. Mr. Ballard confirmed that he had, but admitted that out of the 90 ballots he sent out, only 25 people replied. Commissioner Wheeler suggested Handling this in the same way as a paving assessment, and Chairman Scurlock explained that we chose to go with a per parcel charge for many reasons, but he really agreed with Commissioner Bird about these matters going through the County Administrator's office before any money or staff time is spent in preparing budgets and ordinances. Commissioner Bird felt that if both sides can see that Director Baird's figures are correct, then they can sign their petitions and come in at another public hearing. Mr. Davenport believed they had complied with that criteria and pointed out that many members are in attendance this morning. Chairman Scurlock asked how many in attendance were in favor of the street lighting taxing district, and approximately 10 people raised their hands in favor and 2 in opposition. Attorney Vitunac pointed out that if the ordinance is not passed today, it would delay the tax rolls for an entire year. Celso Perez, 1945 6th Avenue, S.E., stated that he has attended many meetings and at every meeting, the association has approved the issue. He pointed out that there is sporadic DEC 2 3 1986 40 BOOK S M7 D E C 2 c' 1986 -7 r BOOK. 6 FA�,F- 768 lighting throughout the subdivision, and he was in favor of the lighting district. William Davenport, Jr., 464 21st Place, S.E., a resident for 10 years, stated he has served on the homeowners association for 3 years and at least once or twice a year mention has been made of establishing a lighting district. He felt that the plan put together by Director Baird is a very fair in that it provides collection of the taxes by the County and also addresses the owners who rent out their property. He believed the residents are glad that they now will be able to walk in their community after dark. He urged the Board to approve the proposed ordinance. Mr. Davenport's comments drew a substantial amount of applause from the audience. Daniel Fourmont, 1900 5th Avenue, S.E., felt that Mr. Ballard was in error when he said that no notice was given for the latest meeting'of the homeowners association, and he pointed out that they called all the block captains in the neighborhood. He, himself, called 7 or 8 block captains on the south side, and notified them of the items on the agenda. R. E. Hungerford, 2104 4th Court, S.E., stated his opposition to a street lighting district, and felt that people should install coach lights.in their front yards as he and his neighbors have done. William Weld, 1924 6th Avenue, S.E., was in favor of the street lighting district even though he and 4 other neighbors got together and installed a light for which they each pay $25 a year. H. B. Wright, 634 24th St., S.W., believed that the subdivision needs the security that will be provided by the street lights, and urged the Board to adopt the proposed ordinance. 41 me ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 86-89, creating the Vero Shores Municipal Service Taxing Unit. 42 BooK 66 Pk,, 769 r 12/3/86(J4)LEGAL(1Vnm) BV 66 r'wj,- 70 ORDINANCE NO. 86- 89 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE VERO SHORES MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR THE CREATION OF THE TAXING UNIT; PURPOSE; DETERMINATION OF COST OF STREET LIGHTING SERVICE OR OTHER APPROVED SERVICE; LEVY OF ASSESSMENTS, ADOPTION OF BUDGET; EXEMPTION FROM TAXATION OR ASSESSMENTS; DISPOSITION OF PROCEEDS FOR THE DISTRICT FOR STREET LIGHTING OR OTHER PURPOSES; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the residents of'Vero Shores Subdivision have requested that the County establish a mechanism for providing street lighting service at crucial locations throughout the subdivision; and WHEREAS, the Board finds that the creation of a municipal service taxing unit to raise funds through the equitable assessment of property owners throughout the subdivision is the best available means of accomplishing the desired goal; and WHEREAS, provision of street lighting of the area will further the safety, health and well-being of all those residing and owning property within the boundaries of the district; NOW, THEREFORE, BE IT ORDAINED by Indian River County, Florida, through its Board of County Commissioners, that: Section I. Title: Creation of Municipal Service Taxinq Unit: There is hereby established in Indian River County the Vero Shores municipal service taxing unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida, and Sections 125.01(q) and 125.01(r), Florida Statutes. The real property included within the boundaries of this municipal service taxing unit 1 ORDINANCE NO. 86- 89 and subject to all provisions hereof is described as follows: Vero Shores Subdivision, Unit 1, being part of the NE 4 of the SE 4 lying East of the East Right -of -Way of U.S. Highway No. 1 in Section 31, Township 33 South, Range 40 East, and part of the SW J of the NW k of Section 32, Township 33 South, Range 40 East, part of the NW J of the SW 4 of Section 32, Township 33 South, Range 40 East, and part of the SW of the SW J of Section 32, Township 33 South, Range 40 East, according to plat of said subdivision filed in the Office of the Clerk of the Circuit Court, Indian River County, Florida, in Plat Book 5, Page 52. SECTION II. Purpose: a. This municipal service taxing unit is created for the purpose of providing street lighting at reasonable, efficient, and proper locations, within the boundaries of the unit, including the cost of engineering, construction, maintenance, easement acquisition, and any necessary supporting service or function related thereto, as may be determined by the Board of County Commissioners, and for the provision of such further services as may be lawfully authorized and determined by the Board from time to time. b. This municipal service taxing unit may fund all or any of the aforementioned services or improvements through either current year funding, tax anticipation or multi-year notes or bonds, provided any debt instrument or obligation made must be repayable solely from the revenues collected by the municipal service taxing unit pursuant to the authority and means provided by this ordinance. SECTION III. Determination of Cost of Service: The Board of County Commissioners shall determine each year the estimated costs of providing street lighting and such other services as the County Commission may provide, including capital and equipment improvements, rentals and acquisitions, and operating and maintenance 2 BOOK 6 u 1JE 7 71 DEG 2 1986 0 DED. 2 198 6 BOOK FMi ORDINANCE NO. 86- 89 costs and expenses, for the ensuing County fiscal year for that area which is or shall be receiving street lighting or other benefits provided by this unit within the boundaries of the unit. SECTION IV. Levy of Assessment, Adoption of Budget: The Board of County Commissioners hereby authorizes the levy of an assessment upon each tract, parcel, or unit, whether owned in conjunction with land or not, otherwise subject to taxation, within that area which is or shall be receiving street lighting services or benefits within the municipal service taxing unit created hereby, with such exceptions as are set forth in Section V below. The assessment shall be equal and uniform upon each platted lot in the Vero Shores Subdivision. The assessment shall be levied and a budget prepared and adopted by the Board at the same time and in the same manner as the Board prepares and. adopts its County annual budget and levies taxes as provided by law. Said assessment shall be levied, collected, remitted to and accounted for at the time and manner as for the assessment, levy, collection, remittance and accounting of taxes by the Board as provided by law. The budget shall contain all or such portion of the estimated cost of providing street lighting and other services within the boundaries of the unit, as determined under the provisions of Section III hereof, as the Board shall determine to be necessary to provide such services. SECTION V. Exemptions from Assessment: The following lands are exempted from the provisions of this section for the purposes of assessments for street lighting benefits: a. Those parts of any pla.tted and recorded subdivision which lie within the corporate limits of any municipality existing or hereafter created. 3 ORDINANCE NO. 86- 59 b. All lands owned and occupied by buildings owned and operated by the Indian River County School District for the purposes of operating a school for the education of the citizens of Indian River County to the extent state taw requires this exemption. SECTION VI. Disposition of Proceeds from Levy of Taxes: Those funds obtained from the levy of an assessment on all the taxable real property within the boundary of said unit shall be maintained in a separate account and used solely for the purpose of providing street lighting and such other benefits as determined by the Board of County Commissioners within the boundaries of said unit only. SECTION VII. Incorporation in Code: This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION VIII. Severability: If any section or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holding shall not affect remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION IX. Effective Date, This ordinance shall become effective upon receipt from the Secretary of Statement of the State of Florida of 4 E 0 2N 1886 B 0 0 K 6 6 PAGE �R S 1966 BOOK P�.GE `l I ORDINANCE NO. 86- 89 official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23rd -. day of December 1 1986. This ordinance was advertised in the Vero Beach Press -Journal commencing on the 5th day of December , 1986, for a public hearing to be held on the 23rd day of December r 1986, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Wheeler and adopted by the following vote: Chairman Don C. Scurlock, Jr. Ave Vice Chairman Margaret C. Bowman Ave Commissioner Richard N. Bird Ave Commissioner Carolyn K. Eggert Ave Commissioner Gary C. Wheeler Avg BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ��c C Don C. Scurlock, lr. Chairman Attest: By r�Wr i9 ht 'Clerk Acknowledgment by the Department of State of the State of Florida, this 8th day of -J January , 1987• Effective date: -Acknowledgment from the Department of State received on this 12th day of January - , 1987, at 11:00 a.m./p.m. and filed in the Of-f`ice of the Clerk of the board RoT-County Commissioners of Indian River County, Florida. OVED S TO,FORM AND LEG L SUF IC E CY: e P Wilson �- A sistant County Attorney FCR Ll AGENDA REGULAR ` 5 -- COUNTY ATTORNEY PUBLIC HEARING - ADOPTION OF ORDINANCE ADOPTING A FEE IN LIEU OF A-FI�AtTCAT�FEE-TO-BE�flAl��E6-T�r✓Obi'alofE}��E�ET�TIQ�wATERAf\T6�R SEWER SERVICE FROM HT-E'I ND I A IF -R I VER COUR1 DIVISION OF -OJT I L I W S-ERVTCES ARD CUS TDI�IIERR I R i FIE -ORI NCORPOPASEDAPEA`UF-`SAE CC)UlgW RECETVTRC-WATER, SEWER,7KRUTUR-ELECTRIC-SERVTC`E�M-TRE-CTTY-CF - - -- -- ---- -- - ---- VERO BEACH The hour of 9:35 o'clock A.M. having passed, the Deputy Clerk read the following.Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, 'Florida; that the attached copy of advertisement, being � a in the matter of z4ayrz �!;, in the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. _ Sworn to and subscribed befo/91meQiis ° A.D. L (Business WY nagg : 44 PUBLIC NOTICE The board of County Commissioners of Indian River County, Florida, will conduct a, Public Hearing scheduled for* 9:36 a.m. on December 23, 1986 to discuss a proposed ordinance relat- Ing to Indian River County entitled: AN ORDINANCE OF: INDIAN RIVER +:COUNTY, FLORIDA, ADOPTING A FEE ;01N LIEU OF A FRANCHISE FEE TO BE ti ".CHARGED TO CUSTOMERS RECEIV- ING WATER AND/OR SEWER SERVICE` ';SROM THE- INDIAN RIVER -COUNTY <.`DIVISION OF UTILITY SERVICES AND CUSTOMERS IN THE UNINCORPO- 13ATED'AREA OF THE COUNTY°RE- ' - _, ' CEWING- WATER, SEWER. -AND/OR ELECTRIC SERVICE FROM THE CITY OF VERO BEACH. The franchise fee will be 6% of the gross reve- nues. Anyone who may wish to Appeal any decision. made at this meeting wi11 need to ensure that a verbatim record of the proceedings, is made, which includes testimony and evidence upon which the appeal is based. Dec. 6,.1988 BOOK `'{GE`s 7 F�,- DEC 23 1986 BOOK 66 o - 776 The Board reviewed the following memo dated 12/16/86: TO: Board of County Commissioners e, �,- A �,, � ,, FROM: Charles P. Vitunac, County Attorney DATE: December 16, 1986 RE: AGENDA - BCC MEETING 12/23/86 ' PROPOSED ORDINANCE ENACTING 6% FEE -IN -LIEU -OF - FRANCHISE FEE ON COUNTY CUSTOMERS ON COUNTY - OWNED UTILITY SYSTEM AND COUNTY CUSTOMERS OF CITY OF VERO BEACH UTILITY SYSTEMS At the direction of the Board, this office has prepared an ordinance which would adopt a 6% fee -in -lieu -of -franchise fee to be charged County customers of the County utility system. The ordinance also would adopt a 6% fee -in -lieu -of - franchise fee for the unincorporated area customers of the City of Vero Beach utility systems, i.e., water, sewer, and electric. Attorney Vitunac pointed out there are two blanks in the proposed ordinance that need filling in. Under Section I, the effective date is January 1, 1987 for county customers and under Section II, the effective date is March 1, 1987, for county to city. Commissioner Bird asked how much this fee would generate, and Chairman Scurlock believed it would be somewhere in the neighborhood of $300,000. He felt that that this is in line with the user fee concept. Commissioner Bird asked how this money will fall into this year's budget, and Chairman Scurlock believed it would fall under unanticipated revenue. Administrator Balczun hoped it would not be spent in this fiscal year. Chairman.Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. 45 i ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 86-90, adopting a fee in lieu of a franchise fee to be charged to customers receiving water and/or sewer service from the Indian River County Division of Utility Services and customers in the unincorporated area of the county receiving water, sewer, and/or electric service from the City of Vero Beach. 46 DEC 2 3 1936 BOOK �7 77 -DEC 22t, 1986 BOOK 6Pa' _778 IRC Franchise (12/22/8.6) • J_ ORDINANCE NO. 86 90 AN ORDINANCE OF INDIAN RIVER COUNTS, FLORIDA, ADOPTING A FEE IN LIEU OF A FRANCHISE FEE TO BE CHARGED TO CUSTOMERS RECEIVING WATER AND/OR SEWER SERVICE FROM THE INDIAN RIVER COUNTY DIVISION OF UTILITY SERVICES AND CUSTOMERS IN THE UNINCORPORATED AREA OF THE COUNTY RECEIVING WATER, SEWER, AND/OR --ELECTRIC SERVICE FROM THE CITY OF VERO BEACH. WHEREAS, Indian River County is a non -charter county, operating pursuant to Florida law and in. particular Chapter 125, Florida Statutes, which authorizes and directs the Board of County - Commissioners to provide and regulate solid waste and sewage collection and disposal, and water supply, and to provide and regulate highway facilities; and WHEREAS, Chapter 125, F.S., authorizes counties to perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county and to exercise all powers and privileges not specifically prohibited by law; and WHEREAS, pursuant to this grant of authority by the State, the County has adopted a policy of collecting a franchise fee of 6% of gross revenues from private corporations providing water, sewer, and electrical services within the county; and WHEREAS, the County also operates its own water and sewer system, which is presently not charged a franchise fee; and WHEREAS, the City of Vero Beach provides water, sewer, and electrical services to certain unincorporated area residents, who are also not charged any franchise fee by the County; and WHEREAS, Indian River County feels that it is unfair for publicly owned utilities not to be charged a fee similar to the franchise fee paid by private utilities, and that this can be remedied by enacting a "fee -in -lieu -of -franchise" fee, equivalent to the fees which would be charged if the County system were --operated by a private utility; and WHEREAS, the recent case of Rosalind Holding Co. vs. Orlando Utilities Commission, 402 So.2d 1209 (Fla. 5th DCA 1981) authorized "franchise" payments made by the Orlando Utilities Commission to the City of Orlando, provided that the fees are not -1- outside the zone of reasonableness and are not confiscatory or discriminatory and WHEREAS, the fees to be charged by Indian River County under this Ordinance are reasonable and are equivalent to those charged to other private corporations in the county; NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER COUNTY, ACTING THROUGH ITS BOARD OF COUNTY COMMISSIONERS, THAT: SECTION 1. COUNTY DIVISION__OF UTILITY SERVICES Effective for all bills issued ---after January 1, 1987 , there shall be charged by the County Division of Utility Services, a "fee -in -lieu -of -franchise" fee in the amount of 6% of the gross revenues derived from the sale of water and sewer services. This fee shall be shown as a separate line item on customer bills, as if -the County's Division of Utility Services were a private corporation. The funds, so derived, shall be remitted monthly by the Division of Utility Services to the County to be used for any lawful purpose. SECTION 2. CITY OF VERO BEACH WATER, SEWER, AND ELECTRIC SERVICES Effective for all bills issued after March 1, 1987 , those customers who reside in the unincorporated areas of the County and who receive water, sewer, and/or electric services from the City of Vero Beach will be charged, after adoption by the County and acceptance by the City, a 6% -in -lieu -of -franchise fee, based on the gross revenues derived by the City from the sale of water, sewer, and/or electric services. Said Charge (fee) shall be shown on customer bills, as a separate line item, as if they were customers of a private utility corporation. The funds, so derived, shall be remitted monthly by the City to the County. Indian River County agrees to hold the City of Vero Beach harmless from any claims relating to payments made by the City to the County pursuant to this Ordinance. SECTION 3. EFFECTIVE DATE This Ordinance shall be effective on passage by the County and acceptance by the City, and as provided by law. -2- DEC 2 3 1986 BOOK -66 F,;�,,E "7 79 DEC V,g� BOOK 7 APPROVED AND ADOPTED by the Board of County Commissioners of Indian River County, Florida, on this 23rd day Of December , 1986. Ordinance No. 86-90 was advertised in the Vero Beach Press -Journal commencing on the 5th day of December , 1986, for a -December Commissioner Bowman 2 - public hearing to be held on the 23rd day of 1986, at which time it was moved for adoption by Wheeler , seconded by Commissioner and adopted by the following vote: Chairman Scurlock Aye Vice Chairman Bowman Aye Commissioner Bird Aye Commissioner Eggert- Aye Commissioner Wheeler Aye Attest: Freda Wright Clerk �e APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r�,i n n f. Charles P. Vitunac Cqunty Attorney ROVED AS TO ADMINISTRATIVE nis-tra BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C. Scurlock, Jt - Chairman APPROVED FOR UTILITY TER T r'ance PintE i ect r Division of Utility Services Acknowledgment by the DL!artment of State of the State of Florida, this 8th day of January , 1987. Effective Date: Acknowledgment from the Department of State received on the 12th day of January Al 1987, at 11.00 a.m./p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -ACCEPTED: CITY OF VERO BEACH By: Attest: Mayor Date: City Clerk -3- I , PUBLIC HEARING - ADOPTION OF RESOLUTION TO PROHIBIT HARRIS SANITATION CO. FROM COLLECTING ANY GARBAGE OR TRASH BEFORE a•nn A nn The hour of 9:40 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being `. _L r a in the matter of j6iA� d6z� in the ''J Q Court, was pub - A lished in said newspaper in the issues of ��T� �i ` / oee Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed b fore this day of ��A.D. j f (Business Manager) k °NOTICE The Board of County Commissioners of Indian River County, Florida, hereby provides notice of = a Public Hearing scheduled for 9:40 A.M. on December 23, 1986, to discuss a proposed reso- lutionrelating to Indian River, County entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 86-3. WHICH AMENDED RESOLUTION.. 82-50, WHICH ., NEW , AMENDMENT WILL PROHIBIT HARRIS SANITATION CO. FROM COLLECTING ANY -GARBAGE OR TRASH BEFORE 8:00_A.M. Anyone who may wish to appeal arty decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made,which Includes testlmony`and evidence upon which tha appeal Is based Dec. 6,1986 The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. Carroll Watson, 616 6th Place, explained that he lives next to Steve Barnett's Auto Sales and objects to the collection of trash in the early morning hours. He urged the Board to adopt the proposed ordinance prohibiting the pickup of garbage or trash at commercial establishments as well as in residential neighborhoods before 6:00 o'clock A.M. 50 AUOrC F��,;E 7S1 T Sam Harris of Harris Sanitation asked if this ordinance would include pickups at construction sites, and Attorney Vitunac said that this bans the pickup of anything before 6:00 A.M. Mr. Harris explained that they normally pick up recycling material, for example, the roll -off boxes behind Winn Dixie, in the early morning hours because they have to take them up to Rockledge. Administrator Balczun suggested that they pick up the 1 - recycling material in the early evening hours instead and then haul it to Rockledge early the next morning. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 86-113, prohibiting Harris Sanitation Co. from collecting any garbage or trash before 6:00 o'clock A.M. 51 1 0 z D 0 0 ® 12/86(Reso)LVk) RESOLUTION NO. 86-113 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 86-30, WHICH AMENDED RESOLUTION 82-50, WHICH NEW AMENDMENT WILL PROHIBIT HARRIS SANLTATION CO. FROM COLLECTING ANY GARBAGE OR TRASH BEFORE 6:00 A.M. WHEREAS, by Resolution 86-30 Indian River County prohibited the collection by Harris Sanitation Co. of residential garbage or trash before 6:00 A.M. or after 9:30 P.M. and WHEREAS, the .continuing noise caused by pickup of commercial garbage has continued to annoy neighbors in residential areas; and WHEREAS, it is difficult to enforce rules prohibiting residential pickup when commercial pickup is allowed in the early morn.ing hours; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective 30 days from December 23, 1986, it shall be a regulation of the franchise with Harris Sanitation Co. that no residential, commercial, or other garbage or trash pickup will be permitted daily before 6:00 A.M. or after 9:30 P.M. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner _ wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of December, 1986. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C_ Attest Dull C.Scurlock, J . �_��� Chairman Fred a W r i' h tom,/ Approved to form Approved for Utility matters: and legal sufficiency: �'�C."' lX•'^� � � '�.G,,�., ter^ �%//,5.� Charles P. Vitunac Terrance Pinto, Director County Attorney Div. of Utility Services B00F. 6 783 DEC BOOK 6 rvi 84 PUBLIC HEARING - ADOPTION OF RESOLUTION PROHIBITING RURAL SANITATION CO. FROM COLLECTING ANY GARBAGE OR TRASH BEFORE 6:00 O'CLOCK A.M. The hour of 9:40 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly I Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of r in the / �` Court, was pub- lished in said newspaper in the issues ofAA � z `�` Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed beforeAne thi day of A.D. (Business Manager) ; 4 ' NOTICE The Board of County Commissioners of Indian River County, Florlda, hereby provides notice of a Public Hearing scheduled for 8:40 A.M. on December 23, 1988, to discuss a proposed reso- lution relatingto Indian River County entitled: A -RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ' RESOLUTION 88-31, WHICH AMENDED RESOLUTION. 82-51, WHICH NEW AMENDMENT WILL PROHIBIT RURAL SANITATION CO. FROM COLLECTING_';_ c ANY ='GARBAGE -OR TRASH BEFORE 8:00 A.M. f, 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 1, Dec 8.1988:: Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously closed the Public Hearing. 53 'If I ; jt u. ,;4, ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 86-114, prohibiting Rural Sanitation Co. from collecting any garbage or trash before 6:00 o'clock A.M. RESOLUTION NO. 86- 114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 86-31, WHICH AMENDED RESOLUTION 82-51, WHICH NEW AMENDMENT WILL PROHIBIT RURAL SANITATION CO. FROM COLLECTING ANY GARBAGE OR TRASH BEFORE 6:00 A.M. WHEREAS, by Resolution 86-31 Indian River County prohibited the collection by Rural Sanitation Co. of residential garbage or trash before 6:00 A.M. or after 9:30 P.M.; and WHEREAS, the continuing noise caused by pickup of commercial garbage has continued to annoy neighbors in residential areas; and WHEREAS, it is difficult to enforce rules prohibiting residential pickup when commercial pickup is allowed in the early morning hours; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective 30 days from December 23, 1986, it shall be a regulation of the franchise with Rural Sanitation Co. that no residential, commercial, or other garbage or trash pickup will be permitted daily before 6:00 A.M. or after 9:30 P.M. The foregoing resolution was offered by Commissioner Wheeler who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye.. Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this _23rd day of December, 1986. Attest Freda -WE ghtt��aa.i Approved was to form and legal sufficiency: Char CaIe -- es itunac County Attorney f9 54 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ByLMf Don . SZi r I ock_J�r- Chairman l/ Approved for.Utility matters: erg rance Pinto, 1rDT ector Div, of Utility Services BOOK 66 F,aG 785 DEC 2QS1 1 BOOK DISCUSSION REGARDING COUNTY ADMINISTRATION PARTICIPATION IN I• UNITED WAY Administrator Balczun announced that two representatives of the United Way were here this morning with a request to be allowed to hold a fund-raising presentation in this building. Chairman Scurlock noted that he has always voted against a presentation, because he feels attendance at the presentation should be on a strictly voluntary basis. Commissioner Eggert stated that she has never known United Way not to function on a voluntary basis. Commissioner Wheeler advised that he serves on the Board of United Way and believes it is a great program because the money is spent wisely and the organization is run very efficiently. He wished to see United Way give the opportunity to County employees to participate in the program. Commissioner Bowman felt the question last year was whether the department heads would be going around twisting arms or whether department heads would even know whether or not people working under them contributed or not. Charley Blaney of Dodgertown, Chairman for this year's campaign, explained that they are simply asking for the opportunity to work with the County Administrator and the department heads to show a 90 -minute film and pass out some volunteer cards and brochures that explain about the United Way and the 25 agencies in the county that benefit from the contributions. There is no pressure, no arm twisting, etc.; it is totally on a voluntary basis. Mr. Blaney felt it is certainly more effective to be able to show a little film and give a little talk than to include a brochure in the payroll. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the request by the United Way to be allowed to make a presentation in the County Administration Bldg., attendance to be strictly on a voluntary basis.. 55 ADOPTION OF RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE_ CERTAIN FEC PERMITS Utilities Director Terry Pinto advised that they are requesting authorization for the County Administrator to sign certain FEC permits instead of the Chairman. He explained that when the Board awards bids on approved projects, they are really authorizing them to do the work that goes along with the type of construction. Every time we go into railroad right-of-way or under the railroad, we need to sign off on the permits that the FEC requires us to get.. He felt that it would make things flow a little more smoothly if the County Administrator was authorized to sign these permits rather than having to place them on the Agenda to get the Board's approval for the Chairman to sign. Chairman Scurlock understood that this has nothing to do with the closing of railroad crossings, and this was confirmed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 86-115, authorizing the County Administrator to execute a license agreement with the FEC Railway Company for a subgrade crossing for a Gifford utility line; and granted authorization for the County Administrator to execute similar agreements on behalf of the county. Commissioner Bird hoped that we make every attempt to keep traffic moving during these projects where it involves a railroad. Director Pinto explained that we require the contractor on these projects to coordinate with the Traffic Department and if they say to keep a road open, then that contractor is responsible to do whatever is necessary to keep that road open during con- struction. 56 DEQ 3 1986 noK 6 Fl�;t- 787 D � � BOOK 66 D -F Commissioner Wheeler wished these utility and road projects 1 could be completed before the peak of the tourist season, but Director Pinto pointed out that it is not always possible. 1 2 / 06 MESO) l EGALM)TI' RESOLUTION, NO. 86- 115 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A LICENSE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR A SUBGRADE CROSSING FOR A GIFFORD UTILITY LINE AND FOR FUTURE AUTHORIZATION TO EXECUTE SIMILAR AGREEMENTS ON BEHALF OF THE COUNTY. WHEREAS, the Division of Utility Services and the Engineering Department occasionally need permission from the Florida East Coast Railway for above -grade -and below -grade crossings of the railway line running through Indian River County; and WHEREAS, these permits are routine in matter; and WHEREAS, to expedite getting permission from the Florida East Coast Railway for the required construction, it is deemed advisable by the Board of County Commissioners that the County Administrator be authorized to execute these agreements on behalf of the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that the County Administrator of Indian River County is authorized to sign, in particular, the Florida East Coast Railway license agreement for a subgrade crossing in Gifford for the construction of the Gifford wastewater utility line, and, in general, the County Administrator is authorized to execute similar agreements in the future with the Florida East Coast Railway for utilities and engineering permits necessary to cross the railway. 57 u The foregoing resolution was offered by .Commissioner _ Eggert who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of December, 1986.. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Z Z/d, By-- _ Sc rloc Chairman PUBLIC LIBRARY ADVISORY BOARD The Board reviewed the following memo dated 12/16/86: :a TO: The Board of County Commissioners DATE: December 16, 1986 SUBJECT: Public Library Advisory Board FROM: Bruce Barkett4 Assistant County Attorney On November 25, 1986 the Board approved Resolution 86-104 creating the Public Library Advisory Board. Attached is a written form of the resolution in which an attempt is made to comply with the direction of the Board's November 25th verbal resolution, as well as to comply with the request of the County Administrator. In addition, a draft ordinance repealing the earlier ordinance creating the Public Library Advisory Board is attached. This ordinance will be noticed in the newspaper and brought before the Board for action after publication requirements have been met. 58 D E C 2 0 1986 BOOK �[ 789 � f'�•�r NO N O 2 3 1986 Bov 6 F.A�, 79® —7 Commissioner Eggert requested that "principles" on Page 2, Item A, be changed back to "policies." Administrator Balczun suggested that the honorary members and ex -officio members (staff members) be designated as "non-voting" members. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved, with the modifications as set out above, Resolution 86-104, (adopted 11/25/86), creating the Public Library Advisory o g is composition, terms visor Board and establis rn i and responsibilities. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board authorized staff to advertise a public hearing for the repeal of Ordinance 86-60 which originally established the Public Library Advisory Board. 59 - 12/24/86(B4)LE(Mm) RESOLUTION NO. 86-104 A RESOLUTION CREATING THE PUBLIC LIBRARY ADVISORY BOARD AND ESTABLISHING ITS COMPOSITION, TERM AND RESPONSIBILITIES. WHEREAS, Indian River County is planning to select sites for two library facilities; and WHEREAS, the Board of County Commissioners of Indian River County wishes to secure community input on site selection as well as on long-range library planning; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. A Public Library Advisory Board is hereby established to consist of seven members. The Chairman of the Advisory Board shall be a member of the Board of County Commissioners. 2. Terms of Public Library Advisory Board members shall be for two or four years beginning on December 1, 1986, the initial membership being: District Members Expiration of Term Carolyn K. Eggert (Chairman) 1990 Peg Rondeau 1990 Donna Green 1988 Jean Versteeg 1988 Sam Pascal 1990 At Large Members Philip J. Mank, 'Jr. 1990 John Holmes 1988 Honorary Member (Nonvoting) Patrick B. Lyons Staff Members (Nonvoting) L. S. "Tommy" Thomas Mary Kiser Lynn Walsh 3. The Indian River County Public Library Advisory Board shall have advisory powers only. The specific functions, powers and duties of the Advisory Board shall be: 1 DEC 2 3 1936 BOOK 66 i,�j-t 79.x. J. BOOK66 FtuC799�,U RESOLUTION NO. 86-104 A. To prepare and recommend policies for the development of the Indian River County Public Library System. B. To develop specific five-, ten-, and twenty-year goals regarding facilities required by the Indian River County Public Library System. C. To revise such goals each year to avoid stagnation and to maintain realistic goals. D. To develop specific recommendations to achieve the five-, ten- and twenty-year goals, which recommendations should include, but not be limited to, the following concerns: funding sources; sites for necessary facilities; acquisition of collections, materials, or equipment. E. To act as a liaison between any "friends of libraries" or similar organizations and the Board of County Commissioners of Indian River County. F. To keep abreast of and advise the Board of County Commissioners of any funding available from state or federal sources and any relevant changes in state or federal law. G. To conduct such public hearings or workshops as may be deemed necessary by the Advisory Board or by the Board of County Commissioners. H. To act in an advisory capacity to the Board of County Commissioners and the County Administrator, on matters concerning the Public Library System. 2 M The foregoing resolution (No. 86-104) was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 25th day of November, 1986. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By G ffoJr. Chairman MEMORANDUM OF UNDERSTANDING - SCHOOL BOARD/COUNTY COMMISSION The Board reviewed the following memo dated 12/16/86: TO: The Board of County Commissioners THROUGH: Charles P. Vituna(�A� County Attorney FROM: Bruce Barkett4 1 Assistant County Attorney DATE: December 16, 1986 SUBJECT: School Board/County Commission Memorandum of Understanding FACTS: There has been an historical dispute between Indian River County and the Indian River County School Board concerning whether and to what extent the School Board is required to submit site development plans to Indian River County for site plan approval. On July 21, 1986, County Attorney 62 �® E C r I 19x6 BOOK 6 f'A.GE 193 -r- DEC 2� 19 ND BOOK 66 jam, f Charles Vitunac prepared a memorandum to this Board which stated: "In conclusion school boards as governmental agencies are required 'by state law to comply with the Comprehensive Planning Act, which, through its capital facilities element and more, requires that they comply with local site plan review requirements." The School Board disputes the conclusion of the County. Attorney and claims exemption from site plan review requirements. In an effort to avoid litigation between the two governmental entities, the School Board and the County have attempted to arrive at a Memorandum of Understanding which establishes an abbreviated site plan review procedure by a Commission comprised of six County representatives or employees and six School Board representatives or employees. This "School Board -County Commission Site Plan Analysis Cooperation Committee" would bear the responsibility of reviewing site acquisition proposals by the School Board for coordination with the County's Comprehensive Land Use Plan and for compatibility with the available County facilities and surrounding land use. In addition, the Committee would review specific site plans for the purpose of insuring minimal adverse impacts on transportation systems, utilities, and stormwater management systems. OF ANALYSIS: The cooperative approach suggested by the proposed Site Plan Analysis Cooperation Committee is intended to avoid litigation while still addressing the concerns of the two governmental entities.- By entering into this agreement the County is agreeing to accept less than complete site plan review and analysis such as would be required of any other developer within the County. Further, the Memorandum of Understanding does not reference specific standards of review for site plans. Rather, it directs the Committee to review site plans "for the purpose of minimizing adverse impacts on transportation systems, utilities, and stormwater management systems," without reference to the specific County ordinances which address such concerns and which apply to other developments. However, neither party to the agreement is giving up its right to seek a judicial determination as to whether the School Board is exempt from the ordinary site plan approval process under the law. Just as the County is compromising ' its authority to request full and complete site plan application from the School Board, the School Board is agreeing to submit its site plans to some review by the joint Committee, which review will address, at least generally, some important concerns involved in site plan approval. CONCLUSION: This item is put before the Board for consideration and approval if the Board deems it appropriate. 63 Chairman Scurlock reported that he and staff met with Carol Johnson of the School Board and understands that they have signed off on their side for the Gifford Community Center. While our Planning & Zoning Commission still feels very strongly that we have the ability to enforce the entire site plan requirements, he believed this agreement gives us an opportunity to work together. Commissioner Bowman inquired whether this will cover certain modifications to site plans such as those at the Wabasso School for Exceptional Children, where she believed they changed the drainage, the elevation and the ingress and egress. Assistant County Attorney Bruce Barkett stated that there is nothing in the agreement as written to cover modifications to prior commitment of construction of facilities. Attorney Vitunac felt this agreement is meant to replace whatever site plan review is required under County code, and if a modification is required to go through site plan review again, this agreement would come into play. Commissioner Bowman was concerned because some of the school sites have no trees and look like deserts, and Chairman Scurlock advised that the.School Board is hiring landscaping architects to work on new school sites. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Memorandum of Understanding between the School Board and the County Commission, and authorized the Chairman's signature; with the provision that the County will look at major modifications of site plans especially if it affects drainage and ingress and egress. 64 BOOK F'r�Gr 0,95 BOOK F .706 �C ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously appointed Chairman Scurlock as the County's liaison with the School Board on these matters. 0 65 MEMORANDUM OF UNDERSTANDING By this Memorandum 'of Understanding, dated this 23rd day of December 1986, by and between the Board of County Commissioners of Indian River County ("County") and the Indian River County School Board ("School Board"), the parties agree as follows: WHEREAS, pursuant to the Local -Government Comprehensive Planning and Land Development Regulation Act, Indian River County has adopted a Comprehensive Land Use Plan which governs development within Indian River County; and WHEREAS, Section 235.26, Florida Statutes (1985) mandates a State Uniform Building Code for Public Educational Facilities Construction which provides for a State Board of Education to adopt a uniform, statewide building code for planning and construction of public educational facilities; and WHEREAS, Section 163.3194, Florida Statutes (1985), provides that after a comprehensive plan has been adopted all la development undertaken shall be consistent with said plan; and WHEREAS, the County and the School Board recognizes that it is unresolved under the law whether the School Board is exempt from the site plan approval process, and further recognize that by this agreement neither party waives its right to litigate that issue; and WHEREAS, the County and School Board recognize that the location of utilities, commercial, industrial, residential and other County approved developments directly impact School Board facilities; and WHEREAS, the County and the School Board recognize that the location and facilities -planning of schools directly impact County facilities and surrounding land use; and WHEREAS, the County and the School Board agree that there i� is a need to minimize adverse impacts on transportation systems, ii futilities, and stormwater management systems; and li '! WHEREAS, the County and School Board recognize the value i� ii of coordinating the planning of School facilities with each other it -1- C 2 3 186 BOOT( 6 F', `917 E G 2 BOOK 66 rid "i F 79 8 as set forth in Sections 235.19 and 235.193, Florida Statutes, (1985); NOW, THEREFORE, in consideration of the foregoing recitals, the County and the School Board agree as follows: 1. The foregoing recitals are hereby incorporated and made a part hereof. 2. There shall be established a School Board -County Commission Site Plan Analysis Cooperation Committee consisting of the following members: a. one member of the Indian River County School Board; b. one member of the Board of County Commissioners of Indian River County; C. the County Administrator or his designee; d. the County Attorney; e. the Indian River County Planning Director; f. the Indian River County Public Works Director; ji g. the Indian River County Utilities Director; Ii h. a Scl- II i. a School -Board Engineer; J. the Superintendent of Schools or his designee; ji k. the Assistant Superintendent, Administrative Services; and 1. the School Board Attorney The School Board member shall serve as temporary Chairman of The Committee and shall assume responsibility for calling the initial meeting and getting The Committee organized. li 3. Phase I -Site Acquisition. The Committee will review it site acquisition -proposals by the School Board for coordination illwith the County's Comprehensive Land Use Plan and for determination of the impact on County facilities and surrounding land use. The Committee will list the proposed sites and ii specific areas of impact relating to but not limited to the !,'School Board and the County concerns addressed in this Memorandum is of Understanding. The School Board shall hold a public hearing !.before purchasing a school site and the County Commission waives -2- the requirements in its ordinances of any other notice responsibilities of the School Board. 4. Phase II -Construction. The Committee will review site plans for the purpose of minimizing adverse impacts on transportation systems, utilities, and storm water managements systems. Prior to commencement of construction of any such facility, the School Board will submit a site plan to The Committee. If The Committee determines that more documents or information are needed, it will specify in writing to the School Board the information required. The Committee will review all documents and information for consistency with the principles described in this Memorandum of Understanding. The Committee will attempt to coordinate the desires and needs of the School Board with concerns of the County to complete a site plan which is acceptable to both. 5. The County, through its Planning Department, will notify the School Board of all meetings of the Technical Review Committee, which reviews site plans and all meetings of the Planning and Zoning Commission, which reviews subdivisions, planned residential developments, major site plans, and all other major developments in the County. The County Commission shall keep the School Board advised of current development throughout the county which may affect future school site selection or have an impact on the school system. 6. Any disputed issues which cannot be resolved by The Committee shall be submitted to the School Board and the Board of County Commissioners. The Committee shall review unresolved issues after input from the School Board and the County Commission on at least one occasion. If the issues cannot be resolved by the School Board or the County Commission, both groups shall commit to a joint session to review the disputed issue. By participating in this process the School Board or the County Commission does not waive their right to 'i litigate issues raised before The Committee or at the public ;Imeeting. ii li -3- C �1� DEC 3 I16 BOOK If�Ur. r - DEC ,2:3 i9p-6 BOOK U F"Aa ODU 7. The Committee shall review requests by any local governing body for an official statement showing the capability, or lack thereof, of the existing public school facilities for an ii area being considered for development, redevelopment, etc., as set forth in Section 235.193(2) and (3), Florida Statutes. INDIAN RIVER COUNTY SCHOOL BOARD By : 04216LC ' •ZdG 7ti� Carol K. Johns Chairman i! ATTEST: B y : G� Dr James A. Burns Su rintendent -4- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA\ By: Don C. Scurlock, Jr. Chairman ATTEST: By: Freda Wright 907 Clerk,jof Ci ult Co rt APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Bruce Barkett` Assistant County Attorney APPR07ED AS TO ADMINISTRATIVE MAT By (;uC a s P. Bac un y0Admi rator e EMPLOYMENT AGREEMENT WITH THE PUBLIC DEFENDER'S OFFICE ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Employment Agreement for Jan C. Hendrickson of the Public Defender's Office for the 19th Judicial Circuit of the State of Florida. EMPLOYMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:40 o'clock A.M. ATTEST: ........... 2)-21c- 11L - Clerk Chairman DEC 2 3 1986 70 BOOK 66 Pau;. 801