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HomeMy WebLinkAbout8/4/1987Tuesday, August 4, 1987 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, August 4, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock Jr., Chairman; Margaret C. Bowman, Vice Chairman; Carolyn K. Eggert; and Gary C. Wheeler. Absent was Richard N. Bird, who was on in Tallahassee on County business. 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. Reverend Stan Sanford of the First Baptist Church in Wabasso gave the invocation, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested the addition to today's Agenda of an item regarding insurance on the Fellsmere Library. Chairman Scurlock wished to add a brief status report on the North County Wastewater Special Assessment. Commissioner Wheeler wished to add status reports regarding the Indian River Boulevard southerly extension with respect to the fence at Tropic Villas North and the wall along the frontage of Fairlane Harbor Mobile Home Park. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously added the above items to today's Agenda. to BOOK [HUL s FF" -- AUG 4 1987 APPROVAL OF MINUTES BOOK F 'J -L 45 The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meetings of July 7, 1987, or July 14, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Bird being absent) approved the Minutes of the Regular Meetings of 717187 and 7114187, as written. CONSENT AGENDA A. Approval of Renewal Applications for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 7115187: TO: Board of County Commissioners DATE:. July 15, 1987 FILE: FROM: Charles P. Balczun County Administrator SUBJECT: PISTOL PERMIT RENEWALS REFERENCES: The following people have applied through the Clerk's Office for .renewal of their pistol permits: Michael P. Riggio Robert A. Weems, Sr. Earl Sullivan Joseph A. Chiarella Wendy L. Chiarella Daniel R. Campbell Wilford B. Needs Thomas Steinruck, Jr. All requirements of the ordinance have been met and are in order. . a 2 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Bird being on vacation) approved the following renewal applications for a permit to carry a concealed firearm: Michael P. Riggio Robert A. Weems, Sr. Earl Sullivan Joseph A. Chiarella Wendy L. Chiarella Daniel R. Campbell Wilford B. Needs Thomas Steinruck, Jr. B. IRC Jail Project, Phase 11 -- Electrical Service The Board reviewed the following memo dated 7/16/87: TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 24, 1987 THRU: CHARLES P. BALCZUN COUNTY ADMINISTRATOR FROM: H. T. (SONNY) DE OWNERS AUTHORIZED PRESENTATIVE SUBJECT: INDIAN RIVER COUNTY JAIL PROJECT -PHASE II; ELECTRICAL SERVICE On November 4, 1986, the Board of County Commissioners approved a contract with FMR Electrical Contractors, Inc. to perform the subject work. The contract was based on 700 linear feet of 4" conduit from the southeast corner of the property line to the transformer located in front of Building C. The length of conduit was determined from a drawing submitted by the City of Vero Beach Municipal Electric System. However, when the City started construction they decided not to extend this existing service line but required us to extend our conduit to, their pole located 200' further. FMR performed the work as required by the City and installed an additional 200' linear feet of 4" conduit. They have requested $3,465.38 payment for the additional work. The price per foot for the first 700 feet of work was $17.83. The price of $3,465.38 `for the additional 200 feet is based on $17.33 per foot. Staff recommends approval for payment of the invoice as submitted. 40 181 3 L BOOK 69 4 6 r AUG 4 1987 BOOK ON MOTION by Commissioner Bowman, SECONDED by 9 Commissioner Eggert, the Board unanimously (4-0), approved the payment of the invoice from FMR Electrical Contractors, Inc. in the amount of $3,465.38 for additional conduit work on Phase 11 of the County Jail. FMRElectrical Contractors, Inc. P.O. Box 1977 • Melbourne, Florida 32902-1977 • (305) 727-3712 • Lic. *ER 0009497 Sold To: INVOICE BOARD OF COUNTY COMMISSIONERS Date: July 20, 1987 1840 25th Street _511016 Vero Beach, FL 32960 Invoice No. Job No. -87-511 ATTENTION: SONNY DEAN Your Order No. P -O- 015569 :-REFERENCE: IRC Jail, Phase II 1, REQ- #652 TERMS: %Cash Discount 10th Interest Charge of 11h% per Month (18% Net 25th of Month Per Year) Will Be Applied To All Past Due Invoices. Item No. 1 per proposal dated October 27, 1986 and per Purchase Order #15569. Install two (2) 4" PVC Conduits to utility company's power pole at south east property line. Original Contract (paid in full) $12,484.00 Revision to proposal dated 7/20/87. Extend two (2) 4" PVC Conduits to utility company's revised power pole location on east property line. Added Amount $3,300.36 5% State Sales tax 165.02 Total $3,465.38 TOTAL AMOUNT DUE THIS INVOICE .....................$3,465.38 (work completed 7/20/87) 4 C. Sheriff's Administration Building -_Change Order - IRC 3-7 The Board reviewed the following memo dated 7/16/87: TO: BOARD OF COUNTY COMMISSIONERS DATE: JULY 11.6, 1987"=- THRU: CHARLES P. BALCZUN COUNTY ADMINISTRATOR FROM: H. T. D OWNER'S AUTHO IZED REPRESENTATIVE SUBJECT: SHERIFF'S ADMINISTRATION BUILDING CHANGE,ORDER - IRC 3-7 Item No. 1 of subject Change Order is necessitated due to previous - Board action to change the confiscated property compound area from grass to a concrete slab. Retention ponds required attention to allow for water run-off. Five Thousand Dollars was included in the budget to complete the work. Item No. 2 is required due to an assumption by maintenance personnel at the Sheriff's Department that certain necessaryitems for the front end alignment equipment was included in the base price. This was not known until ',the vendor received our purchase order. The $2,321.00 for the additional equipment will be taken out of the contingency fund for the project. Staff recommends approval. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) approved Change Order IRC 3-7, as recommended by staff. Q 4 19®7 5 BOOK 69 r = 48 C CHANGE ORDER AIA DOCUMENT G701 Distribution to: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ BOOK 0 A PROJECT: Sheriff's Administration Building CHANGE ORDER NUMBER: I.R.C. 3-7 (name, address) INITIATION DATE: July 7, 1987 TO (Contractor): ARCHITECT'S PROJECT NO: 8528 PCORPORATION CONTRACT FOR: One story Mock P.O. Box 249 office building Highland City, F1 33846. L J CONTRACT DATE: Qctober. .13 t 1986 You are directed to make the following changes in this Contract: 1. Alter retention ponds west of. eyidence storage building (for water run off due to'c0ncrete'slab added to •corifUcAted property compound in change order no. I:R.C. 341 CSee Attached Breakdown). 2. Furnish and install additional required front end alignment equipment as authorized by the Sheriff's office.(See attached breakdown) Add; Total add: $4,515.00 $2,321.00 $6,836.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustMent in the Contract Sum or Contract Time. The original (Contract Sum) XW4 was ........................... $ 2,1067155 ; •QG Net change by previously authorized Change Orders .:................................. $ 411 IP -39 ., 37 The (Contract Sum) 1a�krXt�X�X+K�lc'riiira prior to this Change Order was ...... $ 21,517,394.. 37 The (Contract Sum) MMMIUiM9iiAAwili be (increased) (aXe%XMEMM"M94 bythis Change Order .. '..:....:... ....................................................... .$ 6 836, 00 , The new (Contract Sum) (#�tialrlLd(t�X&YJ dcMrJIt )MU including this Change Order will be ... $ 2, 524, 230 .37 The Contract Time will be (unchanged) by ( 0 )'Days. The Date of Substantial Completion as of the date of this Change Order therefore is , Authorized: C.E. BLOCK ARCHITECT, INC. PWR CORPORATION. .CHAIRMAN OF I•R.C. COMMISSION ARCHITECT 1995 39th Aye.• • . CONTRACTOR P 0 • BOX Z49 OWNER T Address Address • • -- Add Vero .Beach Fl 329.60. •H' hl nd Cit Fl 33846X ,l/rr�•�1-���- BY BY BY -A DATE '7 — -7 DATE DATE /Y2/ AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION AIAe 01978 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 2000x. G701-1978 6 D. Application for HUD Rental Rehabilitation Program for Small Cities The Board reviewed the following memo dated 7/27/87: TO: The Honorable Members of the DATE: July 27, 1987 FILE: Board of County Commissioners Through: Charles P. Balczun County Administrator SUBJECT: mm - Admi-ni.stered - Rental Rehabilitation Program for Small Cities (Non Formula) FROM: Gu L. Decker Jr. REFERENCES: " Guy _ Executive Director IRC Housing Authority ' It is recommended that the data herein presented be given formal consideration by the County Commission. t DESCRIPTION AND CONDITIONS: The Department of Housing and Urban Development (HUD) has announced a competition and availability of funds for a HUD -administered Rental Rehabilitation Program for Small Cities, pursuant to Section 17 of the United States Housing Act of 1937 (42 USC 14370) = which was enacted by Section 301 of the Housing and Urban -Rural Recovery Act of 1938 (Public Law 98-181), approved November 30, 1983. A total of $1,565,000 in Rental Rehabili- tation Program grant finds and Section 8 Housing Vouchers are available for the Rental Rehabilitation Program for Small Cities in the State of Florida.. In HUD's Circular Letter No. 87-46 dated July 2, 1987, Indian River County was included in the list of eligible cities and counties. The deadline for submission is 4:00 P.M. August 17, 1987, and must be received on that date in the DHUD Jacksonville office to be considered in this year's competition. The program is designed to assure an adequate supply of standard housing affordable to lower-income tenants as it increases the supply of private market rental housing available to lower-income tenants by providing government funds to rehabilitate existing units and provide rental assistance to lower-income persons to help them afford the rent of these units. One Section 8 Certificate and/or Voucher is provided for each $7,500 of grant funds to help eligible lower-income tenants to pay the rent for rehabilitated units. In order to leverage the maxiTrnnn amount of private capital, rehabilitation subsidies are generally limited to 50 per cent of the cost of rehabilitation, not to exceed $7,500 per unit adjusted for high cost areas. Grant funds may only be used to correct substandard conditions, make essential improvements, and repair major systems in danger of failure. Units will be rented at market rents, and no special project rent controls or restrictions will be used. Within the lower-income and neighborhood targeting requirements, the Rental Rehabilitation Program leaves broad opportunities for local program design and flexibility. ALTERNATIVES AND ANALYSIS: This is the third year Indian River County has been placed on the eligibility list to enter the competition for funding, and this. type of programa parallels our existing rehabilitation housing efforts. RECOM4RMTIONS: We respectfully request the County Commission to authorize its Chairman to execute the application for submission to the Department of Housing and Urban Development for this grant. This program will rehabilitate approximately twenty (20) substandard rental units in the neighborhoods of Wabasso, Gifford and Old Oslo Park and will provide twenty (20) Vouchers to lower-income families from the Section 8 Rental Assistance Program, Our total request for;Federal Assistance is One Hundred Thousand Dollars ($100,000). This program requires no additional County funds. 7 r �� . 1 BOOK re.,,; AU r� 41987 BOOK ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) approved the application for HUD Rental Rehabilitation Program for Small Cities, and authorized the Chairman's signature. -APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Transfer of Beach Lots from County to City - Flamingo and Eagle Drives The Board reviewed the following memo dated 7/15/87: TO: Board of County Commissioners P_J_IP3�� FROM: Charles P. Vitunac, County ttorney DATE: July 15, 1987 RE: TRANSFER OF BEACH LOTS FROM COUNTY TO CITY ON FLAMINGO & EAGLE DRIVES CONSENT AGENDA/BOARD MEETING - 8/4/87 Pursuant to Board action on May 19, 1987, the Board of County Commissioners agreed to a plan for settling the long-standing title problems for lots on Flamingo and Eagle Drives. These lots were acquired by the City and the County through tax foreclosure deeds after World War Ii. The arrangement arrived at had the County transferring its interest in certain lots to the City for the City to then offer them for sale or other disposition. After the sale, the City will remit 90% of the sales' prices to the County, keeping 10% for its cost of the sale. In addition the City will quitclaim five parcels to the County for the County to sell or keep itself. The parcels to which the County is getting title are buildable lots and are free and clear of any significant easements or other restrictions. The lots to which the City is getting title are generally not buildable and are encumbered by utility rights of way and other restrictions which render them useful only to adjacent lots. This office requests authorization from the Board of County Commissioners for the Chairman and Clerk to execute the attached deeds (which were prepared by the City Attorney's Office) transferring title on certain agreed-upon lots from the -County to the City. Back-up information and copies of the deeds to be executed are on file in the County Attorney's Office. 8 u ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) approved the transfer of title from the County to the City of certain lots on Flamingo and Eagle Drives as het out in the above memo, and authorized the Chairman's signature on the deeds. COPIES OF DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Partial Release of Assessment Liens - SR -60 Water 6 Sewer ,The Board reviewed the following memo dated 7127/87: TO: Board of County Commissioners �.�aw R vd . FROM: Charles P. Vitunac, County Attorney DATE: July 27, 1987 , RE: CONSENT AGENDA - BCC MEETING 8/4/87 ROUTINE RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: (1) Partial Releases of Liens State Road 60 Sewers6 Water LYNNLEE DEVELOPMENT CORP. Map Nos. D-1 and 15 _ Condominium Unit 202, Pine Creek Condo II - (PETERSON) (2) Partial Releases of Liens State Road 60 Sewers 6 Water LYNNLEE DEVELOPMENT CORP. Map Nos. D-1 and 15 Condominium Unit 203, Pine Creek Condo IV (HART IGAN) (3) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Unit 268-S of COUNTRYSIDE SOUTH The back-up information for the above releases is on file in the County Attorney's Office. , 8001( 9 L_ AUG 4,1987 r- �AUG 4 1977 l300K 6 9`.��J;. 5 3 � ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board approved the following partial assessment liens on the SR -60 water and sewer project: Lynnlee Development Corp. (1) ERU each for water and sewer Pine Creek Condo II, Unit 202 (Peterson) Lynnlee Development Corp. (1) ERU each for water and sewer Pine Creek Condo IV, Unit 203 (Hartigan) Realcor of Vero Beach (1) ERU for sewer Countryside South, Unit 268-S PARTIAL RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Extension of Letter of Credit - Shorelands West Subdivision The Board reviewed the following memo dated 7129187: TO: The Board of County Commissioners DATE: July 29, 1987 SUBJECT: Shorelands West.Subdivision - Request for Extension of Contract for Construction of Required Improvements and Extension of Corresponding Letter of Credit FROM: Bruce Barketf- Assistant County Attorney Shorelands West is a proposed 13 -lot subdivision of a parcel of property approximately 9.43 acres in size located on the west side of State Road A -1-A across from Smuggler's Cove Subdivision. The developer and the County entered into a contract for construction of required subdivision improvements as a condition of subdivision approval and the contract was secured by a letter of credit representing 115% of the certified cost estimate for the required improvements. In May, 1987, the developer requested and the County approved a 74% reduction in the amount secured by the letter of credit because at least 74% of the required improvements had been completed. The developer here requests that the contract for construction of required improvements be extended through January 27, 1988, and a corresponding extension of the letter of credit. It is recommended _approve extension extended letter of by the Chairman. that the Board of County Commissioners of the subject contract and accept the credit and authorize necessary signatures 10 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) approved the extension of the contract for construction of required subdivision improvements, accepted the extended letter of credit, and authorized the Chairman's signature, as recommended by staff. SECOND AMENDMENT TO CONTRACT AND LETTER OF CREDIT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Resolution, Tourist Development Tax, Authorization of Wire Transfer to Designated Bank ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) adopted Resolution 87-82, authorizing the State to designate a bank to receive the local option tourist development tax and authorizing the bank so designated to wire transfer said taxes to a bank designated by Indian River County to receive such funds. RESOLUTION NO. 87- 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE, IN ACCORDANCE WITH RULE 12-10.009 (F.A.C.) TO DESIGNATE A BANK TO RECEIVE THE LOCAL OPTION TOURIST DEVELOPMENT TAX; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID LOCAL OPTION TOURIST DEVELOPMENT TAX TO A BANK DESIGNATED BY INDIAN RIVER COUNTY TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST OF THE WIRE FROM THE AMOUNT RECEIVED FOR TRANSFER. WHEREAS, the Florida Department of Revenue has adopted Chapter 12-10.009, Wire Deposit of Revenue Sharing Funds, in the Rules of the Department of Revenue, State of Florida, and 11 BOOK I 54 A BOOK F,,;E P� . WHEREAS, it is in the best interest of. Indian River County, Florida, to receive the Local Option Tourist Development Tax funds by wire transfer; NOW, THEREFORE, BE IT RESOLVED BY THE.BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: .1. In accordance with §17.075, Florida Statutes, and - Rule 12-10.009, Florida Administrative Code, the Florida Department of Revenue is authorized to designate a bank to receive the Local Option Tourist Development Tax state warrant. 2. The bank so designated is authorized to wire transfer said Local Option Tourist Development Tax funds to a bank designated by the Board of County Commissioners of Indian River County, Florida. 3. The bank designated by the Florida Department of Revenue is authorized to deduct the cost of the wire transfer from the amount received for transfer. The foregoing Resolution was offered by Commissioner Bowman 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 Absent Commissioner Carolyn K. Eggert Aye Commissioner Gary Wheeler Aye ! The Chairman thereupon declared the Resolution duly ii passed and adopted this 4th day of August, 1987. E' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA ' s By_ ' it Attest Don C. Scurloc , Jr. Chairman Vie— right, erk �- 12 J PUBLIC HEARING - MACHATA REQUEST.TO REZONE 5.4 ACRES FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY RESIDENTIAL The hour of 9:05 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 Court, was pub- lished in said newspaper in the issues of l 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 maul 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- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the p rpose of securing this adver. tisement for publication in the said newspaper. Swim to and subscribed befo a me this day of A.D. l rt tBusineis.Manageri Nonce —PUBLIC NEARIND- Notlu at having to consider the adoption of oning land halt A.I. %1gnCa to a1�Disaict rolhance � ngiFFomly Resi- dmrrtlW I' Mot. TM sublecl p"Ps"y is presenay owmd lty Andrew R. Machaand Io Is catM 00 ON wast NRta dis of &R. AIA, abatis of 109111 Ptap (Mannsr'm Wq). TM mugeet properly b dsseriesd as TM moor of tM soup. Mot Groan - pint lel 11, Section 10, Township 311 - . moupt. Range 39 East Isis and except- IF xceptIng put part h�in0 eaft off Stats Road AtA.1;1 RhsirCam A pub9a hsarbp at - I ld pa -1 In ubaran and ci= shell have an oppabmdy to be heard. will be had by rM Board of County Con► mltliorters of Indian RWM County, Florida. In VO County Commission Chambers of the County AdmiMspvtiOn BWlang, IOceted at 1610 25M Strae4 Vero Seven, Florida on Tuesday. August . 4,1987, at 9:OS a.m. Myau who may wish to appeal any decision wtJsln may be made u iiia meelmg will now to Ordureanre that • verbatim rmoord of the Procaeangs Is made. which tndudes teabmony and avbdara:a - upon which the appeal is basad. Indian River County Board of Coady Commnsiomra July 18, 1887 By.zodn' C. Sunubk Chavbnan The Board reviewed the following memo dated 7/22/87: TO: The Honorable Members of DATE: July 22, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Ro ert M. Keatig, P Director, Commis it evelopment Division ANDREW R. MACHATA REQUEST - TO REZONE 5.4 ACRES FROM A-1, AGRICULTURAL DIST- RICT TO RS -3, SINGLE- FAMILY RESIDENTIAL DIST- RICT FROM: Nearing � 'C � REFERENCES: staff Planner it is requested that the data presented consideration by the Board of County regular meeting of August 4, 1987. herein be given formal Commissioners at their AU X07 3 BOOK t�;8 PAW 56o x _ I The hour of 9:05 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 Court, was pub- lished in said newspaper in the issues of l 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 maul 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- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the p rpose of securing this adver. tisement for publication in the said newspaper. Swim to and subscribed befo a me this day of A.D. l rt tBusineis.Manageri Nonce —PUBLIC NEARIND- Notlu at having to consider the adoption of oning land halt A.I. %1gnCa to a1�Disaict rolhance � ngiFFomly Resi- dmrrtlW I' Mot. TM sublecl p"Ps"y is presenay owmd lty Andrew R. Machaand Io Is catM 00 ON wast NRta dis of &R. AIA, abatis of 109111 Ptap (Mannsr'm Wq). TM mugeet properly b dsseriesd as TM moor of tM soup. Mot Groan - pint lel 11, Section 10, Township 311 - . moupt. Range 39 East Isis and except- IF xceptIng put part h�in0 eaft off Stats Road AtA.1;1 RhsirCam A pub9a hsarbp at - I ld pa -1 In ubaran and ci= shell have an oppabmdy to be heard. will be had by rM Board of County Con► mltliorters of Indian RWM County, Florida. In VO County Commission Chambers of the County AdmiMspvtiOn BWlang, IOceted at 1610 25M Strae4 Vero Seven, Florida on Tuesday. August . 4,1987, at 9:OS a.m. Myau who may wish to appeal any decision wtJsln may be made u iiia meelmg will now to Ordureanre that • verbatim rmoord of the Procaeangs Is made. which tndudes teabmony and avbdara:a - upon which the appeal is basad. Indian River County Board of Coady Commnsiomra July 18, 1887 By.zodn' C. Sunubk Chavbnan The Board reviewed the following memo dated 7/22/87: TO: The Honorable Members of DATE: July 22, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Ro ert M. Keatig, P Director, Commis it evelopment Division ANDREW R. MACHATA REQUEST - TO REZONE 5.4 ACRES FROM A-1, AGRICULTURAL DIST- RICT TO RS -3, SINGLE- FAMILY RESIDENTIAL DIST- RICT FROM: Nearing � 'C � REFERENCES: staff Planner it is requested that the data presented consideration by the Board of County regular meeting of August 4, 1987. herein be given formal Commissioners at their AU X07 3 BOOK t�;8 PAW 56o AUG 41997 DESCRIPTION AND CONDITIONS BOOK e y, Mr. Andrew R. Machata has initiated a request to rezone 5.4 acres of property from A-1, Agricultural District (up to 1 unit/5 acres) to RS -3, Single -Family Residential District (up to 3 units/acre). The subject parcel is located approximately 3/4 mile north of the Town of Orchid. The applicant proposes to develop the property as a single-family subdivision. . On June 25, 1987, the Planning and Zoning Commission voted 5-0 to recommend approval of this request. ALTERNATIVES AND ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on- the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is currently undeveloped. North of the property lies the Turtle Cove Subdivision zoned RS -3. To the west and south of the subject parcel are groves zoned A-1. East across AlA is undeveloped land zoned RM -6, Multiple -Family Residential District (up to 6 units/acre). Future Land Use Pattern The subject property and all land north, south, and west are designated in the Comprehensive Plan as LD -1, Low -Density Residential -1 (allowing up to 3 units/acre). The property east across AlA has a land use designation of LD -2, Low -tensity Residential -2 (allowing up to 6 units/acre). Transportation System The subject 'property has access to AIA (classified as an arterial street on the Thoroughfare Plan).' The maximum development of the subject property under RS -3 zoning could generate a maximum of 120 average annual daily trips. This will not reduce the current level -of -service "A" on this portion of AlA. Environment The subject property is not considered environmentally sensitive, nor is it located in a flood -prone area. Utilities The area is not currently served by public utilities. RECOMMENDATION Based on the analysis performed, staff recommends approval. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. 14 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) adopted Ordinance 87-49, rezoning 5.4 acres from A-1 to RS -3, as requested by Andrew R. Machata. ORDINANCE NO. 87- 49 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: The south J of the south } of Government Lot 11, Section 10, Township 31 south, Range 39 East; less and excepting that part lying east of State Road AlA, Indian River County, Florida. Be changed from A-1, Agricultural District to RS -3, Single -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day of Auguste 1987• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By A rR7 15 AUG BOOK 58 BOOK ` PUBLIC HEARING - WOLFE REQUEST TO REZONE 5.5 ACRES FROM AGRICULTURAL DISTRICT TO MULTI FAMILY RESIDENTIAL The hour of 9:05 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 In the matter of J 471 !Z.' In the p Court, was pub- lished in said newspaper In the issues of O Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at VeroBcach, in said Indian River County, and that the said newspaper has heretofore been conrinuousiy 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. rebatecommission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. �I Sworn to and subscribed before me this day of A.D. f i Ir (meds Manager) NOTICE — PUsf.IC 11EJtRINo Notice of hearing to cam. dls adoplm m a County ardlnanp Ing fano trom: A -t, 1lgrictrlhear District ioatA-8 Mvnrola•Famgr Residential District. The sutyecf property sannY owned by Paul C. Woae, Trueles boated Boum m S.R. eo, wed of 7901 AvWkie and sad of 82nd Awnre. :1 The euaJset txopmy is described The south 797.9 feet m pa acres m Tract 12 section 1. 12= 33 Soutr6 Range 9E EasL ds acemoclg m -to tiu last Oemrel pat m lanm tba I than River Farms Comparry, elect in Ins mase m fel Clara m IM Circuit Coral m SL LYCFa County. FbrWa. m Plat Book R A ptr0lk heanrq at whits pales in h an se and cttlsenf tha0 Irene m dppommittr t0 ba heard, win be held try the BdarO m County Coro- mlesbnars at Intim River County. Florida m tlla I �Co tCCom = Cnamhvs m tns County f mg, Touted et t310 tem , Vero Beach, 4198 Ronda on TuesOay. AugWt 1,1987, at t.05 am. The Board of County Commiaioners may districttr�ict �repusde0 waneea it Is tlun�ar►rsense general use category. Any== may wish ro appeal sty deasiol whim may be moos at ibis masOng wal nese to insure mat • verGmn record Of the praceedslgs is made, whim meWdss teahmony and i now os upon which tel appeal a based. Indian River County Board of CM-dy Coemnissionent July lawon C.Scudaek Wirmm The Board reviewed the following memo dated 7/22187: TO: The Honorable Members DATE: July 22, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keat g, A Planning & Dev opm Director PAUL WOLFE REQUEST TO REZONE 5.5 ACRES OF LAND FROM A-11 AGRICULTURAL DISTRICT TO RM -6, MULTI- FAMILY RESIDENTIAL DIST- RICT FROM: David C. Nearing0b"e4 REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 4, 1987. 16 DESCRIPTION & CONDITIONS Mr. Paul C. Wolfe has initiated a request to rezone 5.5 acres of ._ property from A-1, Agricultural District (up to 1 unit/5 acres) to RM -6, Multiple -Family Residential District (up to 6 units/acre). The subject parcel is situated approximately 550 feet south of S.R. 60 and west of 79th Avenue.. This parcel is located immediately west of a 6+ acre parcel which was approved for a similar request by the Board of County Commissioners on June 23, 1987. The applicant intends to develop the property for residential use. On July 9, 1987, the Planning and Zoning,Commission voted 6-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject parcel is currently undeveloped, and is a part of a larger 10+ acre parcel, the north portion of which is also undeveloped, but zoned RM -6. To the east of the subject parcel is vacant land zoned RM -6. To the south of the subject parcel are groves zoned A-1. To the west of the subject parcel is a bank zoned CL, Limited Commercial District. Future Land Use Pattern The Comprehensive Plan designates all properties to the north, east, and south as MD -1, Medium Density Residential 1 (allowing up to 8 units/acre). The bank to the west is located within the 650 acre S.R. 60/I-95 Commercial Industrial Node. Transportation System The subject property will have access to S.R. 60 via the existing RM -6 zoned property to the north. S.R. 60 is classified as an arterial in the Thoroughfare Plan. The subject parcel will generate a maximum of 248 average annual daily trips, which will have no effect on the existing level of service for S.R. 60. Environment The' subject parcel is not classified as environmentally sensitive, nor is it considered to be in a flood prone area. Utilities Currently public water and sewer are located along S.R. 60. RECOMMENDATION Based on the.analysis performed, staff recommends approval. L BOOK F a = 60 U ,AUG BOOK Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Attorney Bennett L. Rabin, representing the applicant, stated he would be glad to answer any questions and urged the Board to approve the rezoning. There being no others who wished to be heard, Chairman Scurlock closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) adopted Ordinance 87-50, rezoning 5.5 acres from A-1 to RM -6, as requested by Paul Wolfe. ORDINANCE NO. 87- 50 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: 18 C The south 737.59 feet of the east 10 acres of Tract 12,' Section 1, Township 33 South, Range 38 East, according to the last general plat of lands of the indian River Farms Company, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said land now lying and being in Indian River County, Florida. Be changed from A-1, Agricultural District to RM -6 Multiple -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day of August, 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Don C. Scurlock,: Jr.7nrhairman ATTEST BY: FREDA WRIGHT, C PARKING ALONG 30TH STREET RIGHT-OF-WAY The Board reviewed the following memos dated 7/23/87 and 8/3/87: TO: The Honorable Members of the Board of County Commissioners THI=GH: Charles P. Balczun, County Administrator James W. Davis, P.E. Public Works Directo FROM: ichael L. Orr, Traffic Engineer DATE: July 23, 1987 FILE: SUBJECT: Parking Along 30th Street Right-of-way REFERENCES: DESCRIPTION OF CONDITIONS Complaints have been received concerning vehicles parking along the 30th Street right-of-way immediately north and south of the pavement in the vicinity of the Vero Beach Country Club. 19 BOOK AUG 41, 87 ,AUG 4 1987 B00K f . These parked vehicles create several hazards: 1. Stopping sight -distance through the curve west of the 30th Street/Country Club Drive intersection is restricted; 2. The view of pedestrians crossing 30th Street is obstructed; and 3. A roadside recovery (shoulder) area is not available. There have been no reported accidents in the vicinity during the past three years. ALTERMATIVES AND ANALYSIS 1. Authorize the posting of regulatory signs along 30th Street to prohibit parking in the right-of-way. Enforcement can not be upheld until the draft Right -of -Way Ordinance is adopted. 2. Permit parking to continue in the 30th Street right-of-way. RECOMIV'DATION AND FUNDING Alternative No. 1 is recamnended to increase safety along 30th Street. Funds are available for regulatory signs in the Traffic Engineering Division budget. TO: County Commissioners r FROM: DATE: August 3, 1987 Since I will be in Tallahassee representing the Commission before the Governor and Cabinet meeting on Tuesday, August 4th, I wish to express mg viewpoint on one of the matters on the County Commission Agenda that is related to the consideration to prohibit parking along the right-of-way on 30th Street in the vicinity of the Vero Beach Country Club. I have been affiliated with this club as a member and a guest of many of the members for over 30 years and believe that the club, although private in nature, contributes a great deal to the recreational and social opportunities for a great number of our county residents. This additional parking is important to the functions that are held at the club and to my knowledge has not created any serious traffic problems. I believe that Michael Orr indicates that there has not been an accident in this area in over three years. I would hope that my fellow Commissioners will take this into consideration and allow the parking to continue as it has for many years without major incident. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0) permitted parking to continue in the 30th Street right-of-way. 20 HAZARDOUS WASTE COLLECTION CENTER -The Board reviewed the following memo dated 7/23187: TO: BOARD OF COUNTY4WAE NERS DATE: JULY 23-, 1987 - THRU: TERRANCE G. PIN .DIRECTOR OF UTICES FROM: H. T. "SONNY" D MANAGER OF SOLINAGEMENT SUBJECT: HAZARDOUS WASTE COLLECTION CENTER -Z As you are aware, we have.been awarded a grant of $50,000 from DER to =- construct the subject project. Along with the allocated monies, there are some time constraints that must be met in order to get reimburse- ment. All paid invoices must be at the DER -by December 1, 1987. In order to stay within the allotted time, we need to fast-track the project. We want to act as the contractor and sub -contract the various stages of construction. Quotations from at least two sub -contractors will be obtained on each phase of construction and work will be awarded to the low bidder. If the formal bid process was used I do not feel the time limit could be mewt. ., DER has bought and constructed six (6) of the same type facilities we intend to use. That is a concrete pad with a modular type building that meets all the DER regulations. The facility will be enclosed with a fence and located at the landfill site. Staff request board action of approval of the fast-track concept outlined above. Chairman Scurlock asked if this would be the same type of structure as the one in Palm Beach County on which we had a presentation sometime ago, and Utilities Director Terry Pinto felt!it was somewhat similar; it is a 81 x 22' module -type facility that the State has approved for other areas. He stressed that the site will be for the temporary collection of hazardous wastes waiting for transfer. There will be no treatment of hazardous wastes at this site. Sonny Dean, Manager of Solid Waste Management, advised that the DER already has 6 such centers in the state. Commissioner Eggert inquired about the status of the grant, and Director Pinto advised that we were notified just last week thatlwe were to receive the grant. When the grant money became available, the State really did not make it known right away and - 4.1987 2,VOK AUG 41997 BOOK POSE 6S they did not get rid of the money. They are required to get rid of the grant money in this fiscal year or they will lose it. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved the fast-track concept outlined in the above memo, as recommended by staff. AWARD OF CONTRACT - INSURANCE AND RISK MANAGEMENT The Board reviewed the following memo dated 7/24/87: yr r• ' „ „ers T0: Board of County Commissioners Administrator. _— Attorney Personnel • Public Works FROM: CHARLES P. BALCZUN C�� Community ibev.Utilities COUNTY ADMINISTRATOR Finance Other DATE: July 24, 1987 SUBJECT: AWARD..OF CONTRACT --INSURANCE AND RISK MANAGEMENT We have completed our review of proposals submitted in response to our Request for Proposals for Insurance and Risk Management Consulting Services. Mr. Baird and I short-listed three firms and subsequently determined that the firm which appears most qualified and capable of serving the County's needs is: E W. Siver & Associates, Inc. Siver Insurance Management Consultants 9400 -4th Street P.O. Box 21343 St. Petersburg, FL 33742 Siver proposes to perform an audit of our insurance program and -prepare a report at a cost of $20,000-$30,000. This range is based upon the extent of work ultimately performed in completing the audit and preparing the report. Actual costs would be calculated as follows CLASS I Senior Consultants $90.00 CLASS II Consultants $60.00 CLASS III Administrative $25.00 (clerical/record keeping) While the Board of County Commissioners authorized staff to award a contract for these services, I feel that the award should be made by the Board, particularly since -this is a significant activity involving a considerable 22 � r amount of the taxpayers' money. We recommend that you authorize such a contract based on the hourly rates as indicated and for an amount not to exceed $30,000. I do not 'believe we should proceed to award a contract beyond the audit and report levels at this time. We may wish to contract for additional services as proposed by Siver once the basic engagement is completed. The. other two firms short-listed by Mr. Baird and I are: Tillinghask, Nelson & Warren, Inc. $25,000-33,500 3340 Peachtree Road Atlanta, GA 30036 - Webber Consulting Group $20,000 2900 Chamblee Tucker Road, Bldg. 15 Atlanta, GA 30341 All proposals received are in Mr.'Baird's office. Administrator Balczun recommended approval of the award of contract to E. W. Siver & Associates, Inc. Commissioner Eggert had a problem with the large spread in the cost from $20,000 - $30,000, and Administrator Balczun advised that such a spread in the cost range is not uncommon in this business. Commissioner Eggert realized it is not uncommon, having had the experience of putting together similar proposals, and felt that experience makes her all the more wary of the spread. Administrator Balczun stated that he and Director Baird would be monitoring their work very closely. Commissioner Eggert felt her main problem is with the hourly rates, especially the rates for the senior consultants, consultants, and administrator. She felt the rates were heavy at the top. Chairman Scurlock agreed that the Administrator should monitor the work and develop some sort of reporting mechanism to the Commission when the cost gets close to $20,000. That way the Board would be aware of what amount of work is left to be done, and whether it is justified. 23 BOOK I MR (0fQ AUG : 4.1987 i AUG 4.1997 BOOK ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously (4-0) accepted staff's recommendation and instructed staff to report back to the Commission when the $20,000 figure draws near. (ORIGINAL AGREEMENT BETWEEN I.R.CO.BD.OF CO. COMMR'S. AND E.W. SIVER & ASSOCIATES, INC.,IS ON FILE IN OFFICE OF CLERK TO BOARD) `FINANCIAL ADVISORY CONSULTANT AGREEMENT WITH M. G. LEWIS The Board reviewed the following memo dated 7/29/87: TO: Honorable Members of DATE: July 29, 1987 the Board of County Commissioners SUBJECT: M. G: LEWIS AGREEMENT FROM: Joseph A. Baird OMB Director The Board of County Commissioners authorized staff to draft a Financial Advisory Consulting Agreement to have M. G. Lewis act as financial advisor for Indian River County. Attached is the agreement. Administrator Balczun advised that this is a standard - contract, which has been amended to include suggestions from staff and the Board. Some conditions were added with respect to - the type of items for which M. G. Lewis would be reimbursed. He pointed out that the proposed cost schedule under 5. Com2ensation was approved essentially by the Financial Advisory Committee, and added that he felt it was extremely reasonable. Chairman Scurlock felt that M. G. Lewis did a fine job for us on the recent small issue, even though they were not compensated for it other than for expenses. Commissioner Eggert pointed.out that the paragraph just before 5. Compensation states that the County can incur attorney 24 fees, engineering fees, printing costs for the official statement, rating agency fees, and the costs of printing and delivery of debt obligation instruments. She wondered If there was any control on these items other than the mention of them and can they be any amount. Chairman Scurlock advised that they can be, but we have always required that those particular items appear as line items and not be lumped in. In fact, we actually have negotiated for the printing, etc. Administrator Balczun pointed out that we also have reserved the right to be the sole judge as to whether we need the item or not, and what extent it will be. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the Financial Advisory Consulting Agreement with M. G. Lewis, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RECOMMENDATION OF NEW MEDICAL EXAMINER AND APPOINTMENT OF IRC SENTATIVE TO SERVE ON NEW DISTRICT XIX MEDICAL EXAMINER'S ADVISORY BOARD The Board reviewed the following letter from State Attorney Bruc Colton: AUG 41987 25 t a' ERS Bruce H. Colto State Attorney 95 £ Z BOOK Attorney �, °� OF personnel blit Works �-- unity Dev. _ INETEENTH JUDICIAL CIRCUIT 01, alt _ .► SERVING Drawer 4401 i INDIAN RIVER, MARTIN, OKEECHcPffanCe 2tZ-Sauth Second Street AND ST. LUCIE COUNTIES Other Fnrt fierce. Florida 33448 _ _ (305) 465-3000 -- July July 17, 1987 The Honorable James Minix, Chairman The Honorab.e 0. L. Raulerson St. Lucie County Commission Sheriff, Okeechobee County County Administration Building 307 N. W. 5th Avenue 2300 Virginia Avenue Okeechobee, Florida 33472 Fort Pierce, Florida 33450 The Hon. Don C. Scurlock, Jr., Chairmaul The Hon. James A. "Bo" Powell Indian River County Commission Chief of Police 1840 - 25th Street, Suite N-158 435 North Seventh Street VeroBeach, Florida 32960 Fort Pierce, Florida 33450 The Honorable Tom Kenny, Chairman Martin County Commission P. 0. Box 626 Stuart, Florida 33495 The Hon. James D. Lashley, Chairman Okeechobee County Commission 304 N. W. 2nd Street, Room 106 Okeechobee, Florida 33472 The Honorable Robert C. Knowles Sheriff, St. Lucie County P. 0. Box 2148 Fort Pierce, Florida 33454 The Honorable R. T. "Tim" Dobeck Sheriff, Indian River County P. 0. Box 608 Vero Beach, Florida 32961 The Honorable James D. Holt Sheriff, Martin County 100 East Ocean Boulevard Stuart, Florida 33495 Gentlemen:- - The Hon. R. G. "Gil" Kerlikowske Chief of Police 450 S. W. Thornhill Drive Port St. Lucie, Florida 33452 The Honorable James M. Gabbard Chief of Police 1037 - 20th Place Vero Beach, Florida 32960 The Honorable Charles E. White Chief of Police .r P. 0. Drawer 599 Stuart, Florida 33494 The Honorable Larry Mobley Chief of Police 55 S. E. Third Avenue Okeechobee, Florida 33472 My purpose in writing is twofold. First, to report to you regarding the selection for Medical Examiner and, second, to solicit your participation on an ongoing committee to help assist and offer guidance to the Medical Exa- miner's Office. 1, Asyou are probably aware, the Search Committee which we formed sev- eral months ago has recommended the appointment of Dr. Frederick P. Hoban as Medical Examiner. I have enclosed a copy of his Curriculum Vitae for your examination. Dr. Hobin is a Board Certified Forensic Pathologist and has been a part-time Assistant Medical Examiner in Palm Beach County for several years. 26 L Since Dr. Walker officially left office on June 30th, I acted in accor- dance with Florida Statute 406.15 and appointed Dr. Robin as Medical Examiner pending confirmation by the Medical Examiners' Commission and appointment by the Governor. Dr. Robin will not be available on a full time basis until September, and in the meantime Dr. Ronald Reeves has been appointed Assistant Medical Exa- miner to cover all cases in the four -county area. I have submitted Dr. Robin's name and qualifications to the Medical • Examiners' Commission. You will be contacted by the Commission for your feelings l about Dr. Hobin's appointment, but you can speed the process by writing to the Commission recommending him for the position. If you have any questions regarding Dr. Robin's background, qualifica- tions'or approach to the position please contact me. The Search Committee has recommended the establishment of the District Nineteen Medical Examiner Advisory Board. 'The Board will be in continuous exis3= tence rather than temporary. It is to be composed of a representative of each County Commission, the Sheriff of each county, the Chiefs of Police of Stuart Police Department, Fort Pierce Police Department, Port St. Lucie Police Depart- ment,'Okeechobee Police Department and Vero Beach Police Department, the Chief Criminalist of the Indian. River Regional Crime Lab, and the State Attorney. The purpose of the Board will be to work with the Medical Examiner in helping• prepare budget requests, decide on the purchase of expensive equipment and act as a media- tor concerning problems between the Medical Examiner's Office and other branches of government with which the office works. It is anticipated the the Board will appoint a subcommittee of 2-3 members to work on an ongoing basis with the Medi- cal Examiner and that the full Board will meet infrequently. I request that each County Commission appoint one of its members as representative to the Advisory Board. Each Sheriff and Chief of Police will be considered a member. I will contact you in August to set a date to hold an organizational meeting. Thank you for your cooperation. erely, BRUCE H. COLTON State Attorney 27 BOOK;, i, •; •? ,AUG BOOK 69 Chairman Scurlock wished to have Administrator Balczun serve on this advisory board since he has been involved with the Search Committee for the replacement of Dr. Walker, but apparently they want a Commissioner to serve on this advisory board. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously (4-0) approved the recommendation of Dr. Frederick P. Hobin as Medical Examiner, and authorized the Chairman to serve on the new District XIX Medical Examiner's Advisory Board. APPLICATION FOR C.A.R.L. FUNDS TO PURCHASE SAND RIDGE PROPERTY Chairman Scurlock understood that the last time this was discussed, the Board authorized staff to check into the possibility of receiving the C.A.R.L. funds, but did not authorize the actual application for funds to be used for the specific purpose of purchasing the Mooney property on the sand ridge. Commissioner Eggert understood that the application does not bind us to anything at this point. Commissioner Bowman requested the board to authorize the submittal of the application, because she believed the application has been sent in already. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0) authorized staff to apply for CARL funds to be used in the purchase of the sand ridge property. Chairman Scurlock understood that the canal does pose a problem in terms of any utility use, and Director Pinto explained 28 J M that a wedge of property with individual homes on it is between this property and the canal, which eliminates the use of effluent d i*sposa I . Commissioner Bowman did not think the effluent disposal was a viable.idea anyway, because she felt the property is much better suited for a preserve with passive recreation and perhaps an outside laboratory, demonstration plot, etc. NORTH COUNTY WASTEWATER ASSESSMENT Chairman Scurlock gave a brief update on the north county wastewater project, which will eliminate approximately 15 package plants in the area, and pointed out that the thing that has been holding us up is the recent tax law changes which affect the special assessment process. We have been working with a number of interested underwriters in terms of various approaches to the new laws, and after meeting yesterday with our bond counsel, our financial advisor, Director Baird, the Administrator, and Utilities staff, we came up with a time schedule working back from validation. We are looking at January 28, 1988 for a tentative bond closing on this issue, and that tracks ail the way back to August 25, 1987, which will be the first time the Commission takes some action to put us in position to issue these bonds. AUG4" i } i 29 BOOK 72- Fr" - AUG 4 ,1981 BOOK 69 ;, 73 $7,000,000 NORTH -COUNTY BOND ISSUE IMPLEMENTATION SCHEDULE August 25, 1987 Board of County Commissioners (Tuesday) Meeting - 9:00 A.M. i on Assessment Roll and Levy Assessment 1. Project Approval - Description of Project October 6, 1987 Board of County Commissioners 2. Set the hearing and a Ve the plat and preliminary roll. August 26, 1987 Sebastian City Council Meeting (Wednesday) (Evening - 7:00 P.M.) 1. Project Approval October -12, 2. Set the hearing and approve Advertise the plat and preliminary roll. August 31, 1987 Advertise Resolutions in Press - (Monday) Journal "Notice of Assessment Hearing" September 22, 1987 Board of County Commissioners (Tuesday) Meeting - 9:00 A.M. Hearing on Assessment Roll and Levy Assesment September 23, 1987 Sebastian City Council Hearing (Wednesday) on Assessment Roll and Levy Assessment (Evening - 7:00 P.M.) October 6, 1987 Board of County Commissioners (Tuesday) Meeting - 9:00 A.M. Adopt bond resolution File Validation Complaint October -12, 1987 Advertise (Monday) November 2, 1987 Validation Hearing ( Monday) - - December 2, 1987 Expiration of Appeal Period (Wednesday) January 11, 1988 Sale of Bonds (Monday) January 12, 1988 Award of Bonds (Tuesday) January 28, 1988 Close Bond Issue (Thursday) 30 Chairman Scurlock felt this bond issue is unique in that it will take a great deal of cooperation to educate the people regarding the special assessment process, and advised that we have identified 5 firms from which to hear proposals. We will be looking at the costs and whether the firms have the expertise to do the job, and will bring a recommendation to this Board. Commissioner Wheeler asked about the requirements for advertising the assessment, and suggested that notices be placed in the Sebastian Sun as well as the Vero Beach Press Journal. Attorney Vitunac felt there was no problem with placing the notice in both papers, but pointed out that we normally use the Vero Beach Press Journal because it is a daily newspaper. Commissioner Eggert advised that she is receiving questions from people about wastewater service in two areas, the Sebastian Highlands area and the area in the vicinity of Winter Beach to Wabasso, She asked what is planned for' those areas in the future. Chairman Scurlock explained that with regard to the Highlands, General Development Corporation has indicated that they are not particularly interested in a potential acquisition of their utility franchise by the County. Under its land sales act, General Development Corporation made certain representations as a development company, but the utility franchise (GDU) is a separate company. Basically, their franchise says that they will extend service based on the economical feasibility of doing so. What has happened is that GDC has sold lots in some outlying areas which would make the distribution or collection system quite costly, and they have been very hesitant and unwilling, in fact'r to serve some of these outlying areas." With regard to another area up there owned by Dr. Fischer, the County has requested GD,U to work with Dr. Fischer to service the area similar to the River Run project, which established service to one meter, which services the whole project on a whol sale type setup. This request was made with the thought 31 AUG BOOK 69 FADE 74 Boa 69 - f'r;uE J, 5 ,AUG rrr that once the County system is available in the general area, that load could be shed back and then used for GDU and its expansion. However, GDU has not wanted to do that for whatever reason. Director Pinto explained that we designed a very feasible, economical core system that can be expanded to take on the Winter Beach and Wabasso area. Currently, the north county system comes south to Hobart Road, but we are not sure yet how much further south it will go, because we have yet to draw the northern boundary line for the Gifford system. If there is some major development, such as the Mooney property, we would probably bring them into the north county system rather than the Gifford system. However, if it is less costly for a developer'to go south, we would take them south into the Gifford system, because it is all really one system, just two different plants. Director Pinto believed that the Gifford system could be on line in 6 months once the permit business is cleared up. The north county plant could be on line in approximately 18 months. Commissioner Eggert asked about the status of the permits on the Gifford plant, and Chairman Scurlock reported that Bent Pines has filed two objections; one for the construction of the plant and one against the effluent disposal. Director Pinto further explained that they actually have filed 3 objections: the construction of the Gifford plant, twice, and the effluent at Hawk's Nest. We have submitted applications for the plant twice, even though it is the same plant -- one for Gifford and one for Grand Harbor. However, these objections are blocking us from building anything, and even though we have approval for using effluent at Grand Harbor, Bent Pine is objecting to the construction of the plant itself. A hearing scheduled for September 12th could result in the removal of the objection to Hawk's Nest, and then we could withdraw the permit for Grand Harbor as it is the same plant. Director Pinto advised that -the north county plant probably will be located somewhere 32 BODK 65 '77 to $700 next year. The ladies of the Fellsmere Library gr have paid out the $500 that they thought was the total insurance cost, but that is all the money they have. Commissioner Eggert wished to see this extra premium (paid out of the Sebastian Library funds, if they have it, and pointed. out that it is due by September. She did not want to see something happen to the Fellsmere Library just because the $578 was not paid. Chairman Scurlock also wished to see the Commission authorize the payment of that amount of money if necessary', and authorize the Legal staff to make sure we are covered. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized the payment of the extra insurance premium of $578, and directed staff to pursue the matter to make sure that we are covered. FACo ASSOCIATION BUILDING FUND The Board reviewed the following memo dated 7/21/87: FLORIDA ASSOCIATION P.O Box 549 / Tallahassee, Florida 32302 f Phone: 904/124-3r460ISTRIBUTION LIST. of COUNTIES , JRECEIVED ::..: .'. _,_Cc;;,�m...�oners� s , Administrator July 21, 1987 Attorney Personnel Pubiic Works Community De V. _— MEMORANDUM Utilities Finance --- TO: Board Chairmen Other County Administrators or Clerks of the -Court FROM: Barbara Sheen Todd, President RE: Association Building Fund One of the main goals of my Presidency has been to seek the implementation of the recommendations of the Association'sLong Range Planning Committee. As you know, that Committee completed its work one year ago and made many significant recommendations in twelve substantive areas regarding the Association's services, personnel and legislative activities. 34 7i1 between Hobart Park and Treasure Ridge, back in the area of the radio tower at Kiwanis-Hobart Park. Chairman Scurlock felt that we could anticipate continued harassment by this particular group as they have indicated pretty broadly that they will try to intervene on any bond validation. Commissioner Bowman asked if the 7500 reserved taps include all of central Sebastian, and Chairman Scurlock emphasized that it includes all of those who voluntarily wished to participate, except in certain areas where it was not cost feasible. Director. Pinto reported that the north county plant will take all the existing treatment plants along the river, and the lines are sized to handle any expansion. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the North County Wastewater System Bond Issue Implementation Schedule, as recommended by staff. Director Pinto reported that we have just been notified by the DER that they have moved our grant for the sludge facilities into the 1988 funding year. They have submitted a rather tight schedule for us to provide them with information, but he felt we could comply. He stressed that this is very good news for us, as the grant is in excess of $1 -million. FELLSMERE LIBRARY DISCUSSION Commissioner Eggert reported a problem with an extra insurance charge of $578 on the Fellsmere Library. Apparently, the insurance company has been charging premiums on a stucco building, and has just discovered that the building is actually stucco on frame. That difference in construction resulted in an additional premium of $578, but she understands the insurance , company has indicated that the entire premium will go back down 33 ,AUG, 4 1987 BOOK 69 F-ry f 76 'Most of the Committee's recommendations have now been implemented. We have established two additional positions on the Association's staff; we have significantly expanded our training and educational services; our legislative activities have been greatly increased; and, our newsletter has been expanded. In general, the overall goal of the Committee's recommendations was for the Association to become a more active and visible force in Tallahassee. One of their main recommendations was that the Association purchase or construct a permanent office facility in the downtown Tallahassee area. Owning an office building will permit the Association to free up revenues currently being spent on rent for more productive services. Occupying our building in the downtown area will greatly increase the Association's visibility with other Associations and the Legislature. I am writing you today with regard to our building fundraising effort. The Association has now raised approximately $50,000 in contributions and commitments for future contributions from individuals, corporations and county governments toward a building whose estimated cost is approximately $600,000. The Board of Directors voted at its last meeting to=impose a one- time, special assessment of the amount equal to one year's dues for each county. The special assessment will enable the Association to pay cash for a suitable site and to then fund any necessary renovations through its fundraising activities with corporations and individuals. We believe that acquiring a specific site will greatly enhance the Association's ability to raise the necessary funds for renovation. Enclosed please find information on your dues for this past fiscal year. Unless your county is "capped" at the maximum rate of $35,000 annually, your county's dues will increase slightly next year based upon population growth. Pursuant to the Association's Bylaws, special assessments are subject to a vote of our membership which will occur at our October Annual Conference. If approved by the membership, the assessment will equal the amount of one year's regular dues and will be included with your 1987-88 dues statement. As the Board discussed the issue of a special assessment, concern was expressed over the ability of some jurisdictions to fund the regular dues and a special assessment in one year, and the value of having 100% membership of counties within the Association was recognized. No county's membership will be discontinued because of inability to pay the special assessment; however, it is my hope, and the hope of the Board of Directors, that all counties will realize the importance to the 'Association of participating in this program and will contribute their fair share toward our fundraising effort. I appreciate your support for this program and this Association. If you would like to discuss this issue in greater detail, please call me at 813/462-3364 or contact the Association staff in Tallahassee. BARBARA SHEEN TODD PRESIDENT TERRY WOOD VIU PRESIDENT ROYCE READY SECRETARY I KURT SPITZER fVicurt f DIRICIUR I Pinellas Duval -TREASURER Polk ; Commissioner Wheeler asked for some direction from the Board as to their feelings on paying a one-time, special assessment 35 A BOOK 69 FI+i. �I AUG 4 197 BOOK 6 9 P,1u 7 . 9 equal to one year's dues, which would amount to $2675. This special assessment is to be used to build a new headquarters in Tallahassee. Chairman Scurlock recalled that last year they came to us for an additional amount and said it would be a one-time assessment. We did not participate, and were not thrown out of -the association. While he realizes the necessity of lobbying, he pointed out that there are other coalitions, such as NACo, which sometimes duplicates lobbying efforts, and sometimes results in the highly -populated counties lobbying against the smaller counties on certain issues. Commissioner Eggert wondered why her letters to FACo asking for more information are never answered, and had a problem with the fact that the president of FACo is on the board of the League of Cities. Lengthy discussion ensued on the issue of some counties paying large assessments while other counties do not even participate, and Commissioner Bowman felt that these assessments will continue year after year.. Chairman Scurlock wanted to see them come up with a mandatory assessment, so that each county would be paying their fair share. Commissioner Wheeler commented that he did not come here today to lobby the Board on this matter; he just wants to be able to convey the Board's feelings at the next meeting. Commissioner Bowman felt that Commissioner Wheeler has received the feelings of this Board on this matter, and that is to be cautious, conservative, and that the assessment be mandatory for all counties. She•asked if the Board would like her to put this matter on the agenda of the next Tri -County Council, and the Commissioners indicated that they would. Commissioner Wheeler understood that the message to be conveyed is that we would not participate unless it is a mandatory assessment for all counties, and Chairman Scurlock remarked that he could give them a "definite maybe." a FENCE AT TROPIC VILLAS NORTH -- INDIAN RIVER BOULEVARD SOUTHERLY EXTENSION Commissioner Wheeler reported that he met with the president of the property owners association about the fence at Tropic Villas North along 6th Avenue. The County contracted to have the sidewalk put 'in using a machine, but when they got up to where the fence was, it was determined that the machine was doing an inferior job and it was decided to put the sidewalk in by hand. However, the fence already had been moved and killed the grass it was lying on. In addition, there were a couple of places where the fence had to be cut. Commissioner Wheeler said he went down and talked to them, and they have received an estimate of $1450 to put up a new fence. The present fence is not very attractive, and Public Works Director Jim Davis has contacted 4 fencing companies and received estimates of $2100 to $2300 to put up a new fence. Commissioner Wheeler felt there is some shared responsibility in this particular case, and would like to go back to them and tell them that we would be willing to pay up to $1450 and have them redo their fence the way they want it done. ,Chairman Scurlock felt that was great, but pointed out that when you are talking about a $4.5 -million project, it seems that there should be enough money to take care of some of these contingencies without coming back to the Board. He felt that one of the reasons why we are paying the County Administrator in excess of $62,000 is so that he can make this type of modification, because grass is going to be killed and fences and bushes are going to be torn down in spots on projects of this magnitude. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved an amount not to exceed $1450 for the replacement of the fence at Tropic Villas North. 37 n BOOK 69 PnF. �� Fr­ A� 1987 goo 69 '31 WALL AT FAIRLANE HARBOR - INDIAN RIVER BOULEVARD RIGHT-OF-WAY Public Works Director Jim Davis updated the Commission on the status of the wall on the Indian River Boulevard frontage at Fairlane Harbor Mobile Home Park. Staff had worked out an agreement with Mr. Stawara, one of the owners, to build the wall, but when they were about to begin, there was some confusion as to who owned the right-of-way -- the City of Vero Beach or the County. Yesterday it was determined that there was an ordinance established whereby the City of Vero Beach set aside that right-of-way for the purpose of the southerly extension of the Boulevard. However, it appears that a deed was never executed by the City to establish the right-of-way. The Vero Beach City Council will consider giving approval to the execution of a deed at tonight's meeting, which will transfer the right-of-way from the City to the County, and the County will honor its agreement with Mr. Stawara for him to build the wall in the right-of-way. Director Davis advised that there are some other deeds that are needed to iron out some survey problems in the area, and those will be brought to the Board very shortly. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:55 o'clock A.M. ATTEST: Clerk 38 Chairman