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HomeMy WebLinkAbout5/3/1988Tuesday, May 3, 1988 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, May 3, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were Charles P. Balczun, County Administrator; Charles P..Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Dr. Julius Rice, Pastor of Community Church -United Church of Christ, gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested the addition to today's Agenda of a discussion regarding EMS service to the Sebastian area, and Chairman Scurlock requested the addition of the status of the recent salary survey. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. CONSENT AGENDA I. Appointment of Deputy Sheriff ON MOTION by Commissioner Eggert, SECONDED by. Commissioner Wheeler, the Board unanimously approved the Sheriff's appointment of Deputy Sheriff Brenda K. Stinnet. SAY 31998 Boor 72c, A 11 Ac %48 2. Proclamation - Older Americans Month P R O C L A M A T I O N WHEREAS, May has been traditionally designated OLDER AMERICANS MONTH by the federal and state governments; and WHEREAS, the members of the AMERICAN ASSOCIATION FOR RETIRED PERSONS - VERO BEACH CHAPTER #1406, and the SEBASTIAN CHAPTER i #3234, along with the INDIAN RIVER COUNTY COUNCIL ON AGING are taking part in the affairs of our community and making j significant contributions to the well-being of our citizens; and i WHEREAS, Gulfstream Area Agency on Aging, Inc.; Indian River County Council on Aging, Inc.; and Treasure Coast Senior Services coordinate to provide services which improve the quality of longer life for Indian River County senior citizens; and WHEREAS, approximately 29% of the total population in Indian River County is comprised of persons 60 years of age or older;. and WHEREAS, those senior citizens contribute greatly to the moral, economic, and social well-being of Indian River County; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in regular session this 3rd day of May, 1988 that the month of MAY, 1988 be designated as "OLDER AMERICANS MONTH" in Indian River County, and the Board further urges the citizens of Indian River County to work toward better living for seniors. 1a BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C.. Scurlock, Jr., airman BOOK 7 u� s 3. Proclamation - Say No To Drugs Week P R O C L A M A T I O N WHEREAS, the "Just Say No" program is a national organization whose purpose is to educate children about drug and alcohol abuse and to teach them to say no to peer pressure and to things that are harmful and confusing to them; and WHEREAS, peer pressure is the most difficult thing for a child to deal with.. The "Just Say No" concept hopes to create a positive peer group attitude against trying drugs, along with education as to the inherent dangers of drug and alcohol addiction; and WHEREAS, a multi -billion dollar business will not die because a few dealers get put in jail and this type of business will not die until we kill the market. The "Just Say No" leaders and associates are doing just that. Through our public and private school systems, the kids are responding with great enthusiasm; and WHEREAS, a countywide celebration of the dream for a drug-free society is being coordinated by volunteers from all walks of life and is being funded solely through contributions; and WHEREAS, the week of May 9-13, 1988 has `been declared "Just Say No To Drugs," Week across the State of Florida and May 9, 1988 will be recognized as Red Ribbon Day; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, Indian River County, Florida that the week of May 9-13, 1988 be designated as "JUST SAY NO TO DRUGS" WEEK in Indian River County, and May 9, 1988 is designated as RED RIBBON DAY and the Board urges all citizens to join in the efforts to protect and educate our children and citizens. M Dated this.3rd day of May, 1988 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C. Scurlock, Jr., C firman now, 72 050 r - � 4. Final Plat Apro_val for Vista Royale Office Park Commercial Subdivision The Board reviewed the following memo dated 4/21/88: TO: Charles P. Balczun DATE: April 21, 1988 FILE: County Administration DIVISION HEAD CONCURRENCE: i FINAL PLAT APPROVAL FOR Ko ert M. Ke tig, 'P SUBJECT: THE VISTA ROYALE OFFICE Community Devel pm Director PARK COMMERCIAL SUBDIVISION THROUGH: Stan Boling Chief, Current Development FROM:11"� REFERENCES: Robert E. Wiegers LACES. vista royale Staff Planner BWIEG2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 3, 1988. DESCRIPTION AND CONDITIONS: Vista Properties of Vero Beach, Inc. has submitted an application to receive final plat approval for a five lot, 9.24 acre commer- cial subdivision. The proposed subdivision is located on the north side of Vista Royale Boulevard, at its intersection with U.S. Highway #1. The subject property is currently zoned OCR, Office, Commercial and Residential District (up to 6 units/acre) and has an MD -2, Medium Residential (allowing up to 10 units/acre) land use designation. Because this site was zoned commercial prior to the adoption of the current Comprehensive Plan, and has maintained its commercial zoning since, and it was not the intent of the Board of County Commissioners to create inconsistencies in adopting the current plan, this site's OCR zoning is considered to be consistent with the comprehensive plan. The proposed uses for this subdivision will be professional offices and other uses permitted within the OCR zoning district. At its regular meeting of March 12, 1987, the Planning and Zoning Commission granted preliminary plat approval to the subdivision. The owner, Vista Properties of Vero Beach, Inc., is now requesting final plat approval and has submitted: 1. a final plat in conformance with the approved preliminary plat. ANALYSIS: All required improvements have been constructed and have been inspected and approved by the Public Works and Utilities Depart- ments. The -final plat is in conformance with the approved prelim- inary plat, and all requirements for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the Vista Royale Office Park Subdivision. 3 n r / WAY `998 ar 72 IV 72 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously granted final plat approval to the Vista Royale Office Park Subdivision, as recommended by staff. 5. IRC Bid #428 - Term Contract for Carpet The Board reviewed the following memo dated 4121188: TO: CHARLES BALCZUN COUNTY ADMINISTRATOR FROM: PURCHASING, URCHA ING�MANAGER 1. DESCRIPTION AND CONDITIONS: DATE: APRIL 21, 1988 FILE: SUBJECT: IRC BID 46428 TERM CONTRACT FOR CARPET REFERENCES: Bids were received Wednesday, April 20, 1988, at 2:OOP.M. for IRC BID #428. 12 Invitations to Bid were sent out, 6 Bids were received. This Invitation to Bid was advertised in the newspaper. 2. ALTERNATIVES AND ANALYSIS: The low bid meeting our specifications was submitted by Sherwin Williams Co. of Ft. Pierce at $14,980.00. The unit prices con- tained in this bid represent a 30% savings to the County on future carpet purchases. Sherwin Williams also submitted an alternate carpet bid, which does not meet our specifications for warranty or denier and should therefore be rejected. 3. RECOMENDATION AND FUNDING: Staff recommends that we award this bid to Sherwin Williams Co. The yardage quantities contained in this bid are only estimates of our yearly needs and the County is not required to purchase any carpet if it so desires. This is a Term Contract bid to establish the Vendor, Prices, and Terms of future carpet purchases. The 1st Term of this contract shall be May 15, 1988 to Sept. 30, 1988, with renewal options for Two additional years. Purchasing is not currently holding any requisitions for the purchase of carpet. However, before any purchase order is issued against this contract the Budget Office will confirm that funding has been approved by the BCC. MAY 3 1988 4 Boa 72 �'.k ,: P5 Ln cm Q 'ac BOARD O 1840 25th Street Vero Beach, Florida 32960 BID • i �9 , • BID NO. • •• m • DESCRIPTION o z UNIT PRICE aMEMO 0rm_, 0M474 t O 1v N < oo —• p m O Z -s �< 3 N O 7• NA1041 AWBN- C7 -0 t / e• "AMMM7 WINE 'S N EN■INE■—■MIN■-■-■INE 7• CD now, ►mamma_��m 5F-SmarmEm 0 ? N m -S 07• 03 m N O CQ D) CQ O CL "s r+ C d 7 r+ 1 1 m a o z LT•� N O 1v N < oo —• p m O Z -s �< 3 N O 7• � C7 • cD 7• 'S N 0 7• CD N 0 ? N m -S 07• 03 m N O CQ D) CQ O CL "s r+ C d 7 r+ N :3 n o Z ro. vii m m v Cr N 07 cD "S r+ Q. m a C rt 1 1 6. IRC Bid #430 - Fertilizer for Sandridge Golf Course The Board reviewed the following memo dated 4121/88: TO: Charles P.Balczun County Administrator DATE: April 21, 1988 FILE: SUBJECT: AWARD OF IRC BID #430 FERTILIZER FOR SANDRIDGE GOLF COURSE FROM: REFERENCES: Gus Ambler,-C.P.M. - Purchasing Department 1. DESCRIPTION AND CONDITIONS: Bids were received Wednesday, April 20, 1988, at 2:00 p.m. for IRC Bid 4430. 15 Invitations to Bid were sent out, 6 Bids were received including 3 No Bids. This Bid was advertised in the newspaper. 2. ALTERNATIVES AND ANALYSIS: The low Bid meeting specifications was submitted by Wheeler Fertilizer at $7272.00, for 16 tons of fertilizer in bulk and $948.00 for two tons of fertilizer in bags. 3. RECOMMENDATION AND FUNDING: , Staff Recommends that IRC Bid #430 for fertilizer be awarded to Wheeler Fertilizer. Budgetary Funding has been confirmed for expenditure from Sandridge Golf Course Accounts. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously awarded Bid #430 for fertilizer to Wheeler Fertilizer at $7272 for 16 tons of fertilizer in bulk and $948 for two tons of fertilizer in bags, as recommended by staff. SAY 6 Roo 72 5 4 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO. .. ► , ITEM DESCRIPTION MEMMM■■■■■I■■1■■■■■■ M■■■M■■■■■I■■1■■■■■■ EM■M■"■MMI■■■■■■■■■ ■■e■■■■■■sMMMMMOMiiiii�i�i =NMEMEMMMEMEMEME M■■■■■■■■■■■■■■■■■■■ M■■■■■■■■■MMMEMEMN MMMMMOMMMMMEMEME MEMOM■MOMEM■■■■■ ---------- 7. Release of County Liens The Board reviewed the following memo dated 4/26/88: TO: Board of County Commissioners Sec� FROM: Charles P. Vitunac, County Attorney y��-//-. //n.- DATE: April 26, 1988 RE: CONSENT AGENDA - FOR BCC MEETING 5/3/88 RELEASE OF COUNTY LIENS, VARIOUS PROJECTS Lea Keller of this office has processed the following matters and requests permission for the Chairman to execute the release forms: (1) Release of one ERU Water (Map H) TEMPLE BETH SHALOM AY 1 7 �� , 72,, i�����x5.5 (2) Release of 12 ERUs Water (Map B) VISTA PLANTATION (Bldg. 38) Vista Properties (3) Release of 12 ERUs Sewer (Map 22) VISTA PLANTATION (Bldg. 38) Vista Properties (4) Release of several paving liens 40th Avenue at 14th Street Back-up information for the above releases is on file in the County Attorney's office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of county'liens, as set out in the above memo. RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE CLERK TO THE BOARD 1 Request Return of Interest on Clerk's Fee Account The Board reviewed the following memo dated 4/26/88: '"April 26, 1988 all Board of County Commissioners G Indian River County �lf�C�691- Vero c!Vero Beach, Florida 32960 Gentlemen: Florida Power and Light Company deposited $108,600.00 on June 21, 1982 in the Registry of the Court fund, and now they are requesting refund plus interest. Interest has been earned in the amount of $27,241.00,. which was deposited in the fee account of the Clerk and turned over each year to the Board of County Commissioners as fees. We are now requesting this amount be refunded to us in order for us to make the payment to Florida Power & Light. Thank you for your cooperation. FW: jmr Sincerely, Freda Wright, Clerk P. S. Certified copy of Court Order is attached. �AY 8 1980 8 ROOK 72 r,n- 95 6 Chairman Scurlock understood that the interest earned on any of these escrowed accounts was segregated, and asked how it got turned back into cash carry forward or contingencies. Attorney Vitunac explained that until a recent appellate court case, the interest on money in the Clerk's escrow account was kept by the Clerk for the benefit of the County. However, someone sued and said that interest should go to the people whose money was in the account to begin with, and they won. From now on, we will not have that source of revenue. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the refund of the 6121182 deposit by Florida Power and Light Company in the amount of $108,600 plus interest of $27,241, as requested by Freda Wright, Clerk. Kof t 4 Ftp x rad WAY 1988 iN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA,IN AND FOR INDIAN RIVER COUNTY. CASE NO. 82-440 (Judge Charles Smith) FLORIDA POWER & LIGHT COMPANY, etc., Plaintiff, VS. WRG, LTD., etc., et al., Defendants. AGREED ORDER DISBURSING FUNDS THIS CAUSE came before the Court on Motion of Petitioner, FLORIDA POWER & LIGHT COMPANY to disburse funds remaining in the Registry of the Court, and the Court being aware that all interested parties are in agreement with the entry of this Order and being otherwise advised in the premises, it is ORDERED AND ADJUDGED that FLORIDA POWER & LIGHT COMPANY is entitled to the remaining funds presently on deposit in the Registry of the Court: Parcel 11 (WRG) 57,000.00 d C' rJ q` Parcel 12-C (ROL & LOR) TOTAL .$108,600.00 IT IS FURTHER ORDERED AND GUDGED that this Court directs the Clerk of Court to issue a check payable to FLORIDA POWER & LIGHT COMPANY for the full amount of the funds set forth above, in addition to any accrued interest and less any appropriate fees charged by the Clerk of Court and to .then mail said check to the attention of FLORIDA POWER & LIGHT COMPANY'S counsel, Brian R. Brattebo, Esq., at the address indicated below. DONE AND ORDERED at Vero Beach, Indian River County, Florida, this day .of L' , 1988. i C RL S M irc Judge 10 bou 72 rmu,[ 0205 MAY 1988 c-. cD .. J AGREED ORDER DISBURSING FUNDS THIS CAUSE came before the Court on Motion of Petitioner, FLORIDA POWER & LIGHT COMPANY to disburse funds remaining in the Registry of the Court, and the Court being aware that all interested parties are in agreement with the entry of this Order and being otherwise advised in the premises, it is ORDERED AND ADJUDGED that FLORIDA POWER & LIGHT COMPANY is entitled to the remaining funds presently on deposit in the Registry of the Court: Parcel 11 (WRG) 57,000.00 d C' rJ q` Parcel 12-C (ROL & LOR) TOTAL .$108,600.00 IT IS FURTHER ORDERED AND GUDGED that this Court directs the Clerk of Court to issue a check payable to FLORIDA POWER & LIGHT COMPANY for the full amount of the funds set forth above, in addition to any accrued interest and less any appropriate fees charged by the Clerk of Court and to .then mail said check to the attention of FLORIDA POWER & LIGHT COMPANY'S counsel, Brian R. Brattebo, Esq., at the address indicated below. DONE AND ORDERED at Vero Beach, Indian River County, Florida, this day .of L' , 1988. i C RL S M irc Judge 10 bou 72 rmu,[ 0205 MAY 1988 PUBLIC HEARING - PETITION PAVING 21st Ave. from 2nd St. to 4th St. 22nd Ave. from 2nd St. to 4th St. 61st Dr. north of CR -510 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: 11 MAY 3 BOOK f";E 25 L VERO BEACH PRESS -JOURNAL • Published Daily Vero Beach, Indian River County. Florida � LINTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being . _ It in the matter of_ aL__=� _F -V in the _ — _ Court, was pub- lished 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, Florida, and that the said newspaper has heretofore been Continuously published in said Indian River County, Florida, each daily and has been entered as second Class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; 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 advertisement for publication in the said newspaper. , Sworn to and subscribed before We this day of A.D. 19 .7T A ll; i , •� L• S�usiness Manager) (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) RECEIVE® APR 2 1 1988 PUBLIC NOTICE PLEASE TAKE NOTICE that the Board of County Cummissioners of Indian River County. Florida will hold a public hearing at 9 05 A M an Tues- day. May 3. 1988 its the Commission Chambers I located at 1640 25th Street. Vero Beach. Florida. to consider adoption of the following proposed resolubon. RESOLUTION NO 86- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA. PROVIDING FOR CERTAIN PAVING AND DRAINAGE' IMPROVEMENTS TO 21ST AVENUE FROM 2ND STREET TO 4TH STREET PROVIDING THE TOTAL ESTIMATED COST. METHOD OF PAYMENT OF AS- SESSMENTS. NUMBER OF ANNUAL IN- STALLMENTS. AND LEGAL DESCRIP- TION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Depart- nent has received a public improvement peti- tion, signed by more than 45 of the owners of Property in a portion of the area to be specially benefited. requesting paving and drainage im- provements to 21st Avenue from 2nd Street tq, 4th Street UMFMAS, the construction of pavinj #ra 1 Crainage Improvements by special asasstsirie funding is authorized by Section 11.21. t1 -2Z'1 and 11-41. Indian River County Code of Laws and Ordinances. the cost estimates and prelimi- nary assessment rolls have been completed by the Public Works Department: and the total esti- mated cost of the proposed paving and drainage Improvements is FORTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($40.470 00); and WHEREAS; 'the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy - live percent (75`1,) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited. and WHEREAS, the special assessment shall be- come due and payable at the Office of the Tao Collector of Indian River County ninety (90) days after the final determination of the special as- sessment pursuant to Section 11.42. Indian River County Code of Laws and Ordinances: and WHEREAS. Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the protect: and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear in- terest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roil. and shelf be payable in two (2) equal install- ments; the first to be made twelve (12) months from the due date and subsequent payments to be due yearly. and YJHEREAS after examination of the nature and anticipated usage of the proposed improve- ments, the Board •bf County Commissioners has determined that the following described proper - Iles shall receive a direct and special benefit ,ram these improvement. to wit Lots 1 through 17. Block F. Indian River Heights Subdivision. Unit 3 a3 recorded in Plat Book 6. Page 4. Indian River County Public Records The East 10 acres of the West 30 acres of Tract 11. Section 14. Township 33 South. Range 39 East. according to the Last General Plat of Lands of Indian River Farms Company. Plat Book 2. page 25 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as tollows7 1 The foregoing recitals are affirmed and rati- fied in their entirely 2. A protect providing for paving and drainaga improvements to Indian Rover Heights and abut- ting property in this area; heretofore designated as Public Works Projects No 6701 is hereby ap- proved subject to the terms outlined above arid all applicable requirements of Section 11.41, of seq. Indian River County Code of Laws and Ordi- nances. The foregoing resolution was offered by Com- missioner — who moved its adoption. The motion was seconded by Commissioner » and. upon being put to a vote. the vote was as follows - Chairman Don C. Scurlock. Jr. Vice -Chapman Gary C. Wheeler Commissioner Carolyn K Eggert Commissioner Margaret C Bowman Commissioner Richard N Bird The Chairman thereupon declared the resold• tion passed and adopted this -- day of... 19x 3. BOARD OF COUNTY COA"SSIONSPS x OF INDIAN Rr79EA Cs>tY,1'1`OW ¢ PLEASE y TAKE FURTHEN C R NOK. TICEChat atn nthe same public hearing, the Board of County Com, missioners shall also hear all interested persons regarding the proposed assessments contained in the preliminary assessment roll for the MIF provements described in the above resolution. The preliminary assessment roll is currently on life with the Public Works Division and open for Inspection between the hours of 630 AM and 5 00 P.M., Monday through Friday. It a person decides to appeal any decision made by the Commission with respect to any matter considered at this hearing, he will need a record of the proceedings, and that, for such purpose• he may need to ensure that a verbatim record of the proceedings is made. which rccard includes the testimony and evidence upon which the appeal Is to be based INDIAN RIVER COUNTY Charles P Balczun County Administrator April 12. 1988 MAY 6 1988 12 800 L_ PUBLIC NOTICE PLEASE TAKE NOTICE that the Board of ConnuY Commissioners of Indian River County. Florida VERO BEACH PRESS-JOURNAL wiu hold a hearing at 905 AM Tues. day. May 3.. 198 tiJ88 m the Commission Chambers located at 1840 251h Street. Vero Beach. Florida. Published Doily o consider adoption of the following proposed 'resolution RESOLUTION NO 88 ' A RESOLUTION OF THE BOARD OF •dare Beach. Indian River-County, Florida COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 22ND AVENUE )LINTY OF INDIAN RIVER: STATE OF FLORIDA FROM 2ND STREET TO 4TH STREET PROVIDING THE TOTAL ESTIMATED Before the undersigned authority appeared J. J. Schumann. Jr. who on oath COST. METHOD OF PAYMENT OF AS- personally iys that he is Business Manager of the Vero Beach Press-Journal, a dally newspaper published SESSMENTS. NUMBER OF ANNUAL IN- STALLMENTS. AND LEGAL DESCRIP- Vero Beach in Indian River Count Florida; that the attached copy g TION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Depart- ment has received a public improvement pela lion. signed by more than ". of the owners of property in a portion of the area to be specially 7 , in the matter of ���' "� ��� L�'U benefited, requesting paving and drainage im- provements to 22nd Avenue from 2nd Street to 4th Street WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21. 11.22. and 11.41• Indian River County Code of Laws in the Court, was pub- and Ordinances. and cost estimates and prelimi- nary assessment rolls have been completed by the Public Works Department: and the total esti- / mated cost of the proposed paving and drainage :had in said newspaper in the issues of improvements is FORTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($40.47000): and WHEREAS, 1hif special assessment provided hereunder shall. for any-given record owner of property within the area specially benefited. be Affiant further sa s that the said Vero Beach Press-Journal is a newspaper published at Y in an amount equal to that proportion of seventy- - five percent (751c) of the total cost of the project ?ro Beach, in said Indian River County, Florida, and that the said newspaper has heretofore which the number of lineal feel of road frontage yen continuously pt;btished in said Indian River County, Florida, each daily and has been owned by the given owner bears to the total number of lineal feet of road frontage within the ,itered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- areas specially benefited: and Florida, for a period of one year next preceding the first publication of the attached copy of WHEREAS, the special assessment shalt be- Ivertisement; and affiant further says that he has neither paid nor promised any person, firm come due and payable at the Office of the Tax r corporation an discount, rebate, commission or refund for the purpose of securing this p y Collector of Indian River County Winery (90) days after the final determination of the special as- ivertisement for publication in the said newspaper. sessment pursuant to Section 11.42. Indian River County Code of Laws and Ordinances: and WHEREAS, Indian River County shall pay the worn to and subscribed bet met day Of A.D. 19 remaining twenty-five percent (25%) of the total osi of the protect. and • .any sjxeiat aasea.lhwrl! w paid (Business Manager)•1 /11.'!' Id ninety (90) day period she* bear in. and the due date at a rate established .�• �r - (\ J by the Board of County Commissioners at the time final tI •� 1 !Z t_i ` f ;,i.. r,? t •_ of prepaiation of the assessment roll. (Clerk of the Circuit Court, Indian River County, Florida) and shall fpayable in two equal install. i meats. the first to be made twelve e (12) months SEAL) e duedate and subsequent payments to be clfromue be due ypearl .and � atter a of th pro of the nature d anticipated and anticipated usage of the proposed improve• ments. the Board ol'Counly Commissioners has eetermmed that the following described proper- lies shall receive a direct and special benefit from these improvement to wit i ,4C1�i �On•�Ipost-4tMld>an Rim ' M tial art 3' as-recorded in at Book 6. Page 4. Indian River County Public Records The East 10 acres of the West 30 acres of Tract 11. Section 14. Township 33 Suuth. Range 39 East. according to the Last General Plat of Lands of Indian River Farms Company, Plat Book 7. page 8 NOW THEREFORE, CE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows 1. The foregoing recitals are affirmed and rati- fied In their entirety 2. A project providmg for paving and drainage improvements to Indian River Heights and abut- ling property in this area, heretofore designated N as Public Works Projects o. 8701 is hereby ap- proved subject to the terms outlined above and all applicable requirements of Section 11-41. at seq. Indian River County Code of Laws and Ordi- nances. The foregoing resolution was offered by Com- missioner -- who moved its adoption. The motion was seconded by Commissioner — and, upon being put to a vote. the vote was as follows: Chairman Don C. Scurlock. Jr • Vice -Chairman Gary C Wheeler Commissioner Carolyn K Eggert Commissioner Margaret C Bowman Commissioner Richard N Bird The Chairman thereupon declared the resole- lion passed and adopted this -- day of •• . 1988 BOARD OF COUNTY COMMISSIONERS,.. QFC gI_VER>rOtJ TY• i(yb C URL tJ s Chairman PLEASE TAKE FURTHER NOTICE that at the same public hearing. the Board of County Com- missioners shall also hear all interested persons regarding the proposed assessments contained in the preliminary assessment roll for the im• provements described in the above resolution. The preliminary assessment roll is currently on " life with the Public Works Division and open for inspection between the hours of 8'30 AM and 5 00 P M., Monday through Friday If a person decides to appeal any decision made by the Commission with respect to any matter considered at this hearing, he will need a record of the proceedings. and that. for such. purpose• he may need to ensure that a verbatim, record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based INDIAN RIVER COUNTY Charles P Balczun County Administrator • April 12. 1988 ---BOOK 13 NAY `f' VERO BEACH PRESS -.JOURNAL Published Doily .Verb 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 dally newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter in the _—_.___._____....___.. _ Court. was pub- lished 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, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; 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 advertisement for publication in the said newspaper. Sworn to and (SEAL) t :: day of 16 A.D. 19 brZ— (Business Manager) River County. Florida) R�C�IVED p,PR � 9 198 PBLIC NOTICE PLEASE TAKE NOTICE that the Board of County Commissioners of Indian River County. Florida. will hold a public hearing at 9 05 A M on Tues- day. May 3. 1988 in the Commission Chambers located at 1840 25th Street. Vero Beach. Florida. to consider adoption of the following proposed resolution* RESOLUTION NO. 88- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA. PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 61ST. DRIVE NORTH OF $t0. PROVIDING THE TOTAL ESTIMATED COST. METHOD OF PAYMENT OF ASSESSMENTS. NUM. BER OF ANNUAL INSTALLMENTS. AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED WHEREAS, the County Public Works Depart- ment has received a public improvement peti. tion. signed by more than % Of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage im- provements to 61st Drive North of 510. WHEREAS, the construction of paving and drainage improvements by special assessment funding r5 authorized by Section 11.21. 11-22. and 11.41, Indian River County Code of Laws and Ordinances: the cost estimates and prelimi. nary assessment rolls have been completed by, the Public Works Department; and the total esti• mated cost of the proposed paving and drainage improvements is THIRTY TWO THOUSAND FOUR HUNDRED DOLLARS (532.400 00); and WHEREAS, the special assessment provided hereunder Shall. for any given record owner of property within the area specially benefited. be irr an amount equal to Mat proportion of seventy. live percent (75%)•of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited: and WHEREAS. the special assessment shall be. come due and payable at the Office of the Tax Collector of Indian River County ninety (90) days alter the final determination of the special as. sessment pursuant to Section 11.42. Indian River County Code of Laws and Ordinances: and WHEREAS. Indian River County shall pay the remaining twenty -live percent (25%) o1 the total cost Of the project, and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear in. terest beyond the due date at a rate established by the Board of County Commissioners at the time Of preparation of the final assessment roll, and shall be payable in two (2) equal install. bents, the first 10 be made twelve (12) months from the dbe date and subsequent payments to .be due YYe�arlyy, ai W tY,ifp2Ag, after exammation of the natuie and anticipated usage of the proposed improve• ments. the Board of County Commissioners has determined that the following described proper. ties shall receive a direct and special benefit from these improvement to wit Lots 1 through 12 and Lots 21 through 32. d 42 5 of Lots 13 3 20 of Wabasso Lows Park Subdivision as recorded ui Plat Book 268. Page 485 of the Public Records of Indian River County NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN. DIAN RIVER COUNTY. FLORIDA, as follows 1 The foregoing recitals are affirmed and rati. fied in their entirety 2 A project providing for paving and de tmage improvements to WabaSSO Lows Park Subdivi• Sion: heretofore designated as Public Works Projects No 8408 IS hereby approved subject to the terms outlined above and all applicable re. Gwrements of Section 11 -41 at seq Indian River County CiOde of Laws and Ordmances The foregoing resolution was offered by Com. miamoner — who moved its adoption. The motion Vice -Chairman Gary C Wheeler Commissioner Carolyn K Eggert Commissioner Margaret C Bowman Commissioner Richard N Bird The Chairman thereupon declared the resolu• WA pasW and adopted this — day of —. 1903. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA PLEASEICEthat at YTAKE FDN C.LIRT ER NOTICETClnthe meSame s OnOrS ShalPublic l also the all interested of County regarding rho proposed assessments contained in the preliminary assessment roll for the im- provements described in the above resolution The preliminary assessment roll is Currently on file with the Public Works Division and open for inspection between Ilia hours Of 8 30 A M and 5 00 P M.. Monday through Friday It a person decides to appOAI arty decision made by the Commission with respect to any matter considered at this hearing. he will need a record of the proceedings. and that. for such Purpose. he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based . INDIAN RIVER COUNTY Charles P. Balczun County Administrator April 12.1988 , SAY 8 198E 14 BOOK 72 F"GE �9&62 The Board reviewed the following memo dated 4/25/88: ----------------------------------------------------------------- TO: Charles P. Balczun CountV -Adm'nistr r THROUGH: Ra h N. Brescia, P.E. County Engineer ' FROM: Michelle A. Terry, E T "�- Civil Engineer SUBJECT: Public Hearing to consider resolution providing for the paving of 1) 21 Ave from 2nd Street to 4th Street 2) 22 Ave from 2nd Street to 4th Street 3) 61st Drive North of C.R. 510 DATE: April 25, 1988 ------------------------ DESCRIPTION AND CONDITIONS Valid petitions have been received from the abutting property owners for the paving of the following streets: 1) 21st Avenue from 2nd Street to 4th Street (Preliminary Cost $40,470.00) 2) 22nd Avenue from 2nd Street to 4th Street (Preliminary Cost $40,470.00) 3) 61st Drive from North of C.R. 510 (Preliminary Cost $32,400.00) Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total cost of these projects is approximately $113,340.00. As money from other roads is replenished to the Petition Paving Account #173-214-541-035.39, these roads will be paved. Also, advertisement of the public hearing and notification to the property owners has been performed. RECOMMENDATION AND FUNDING After consideration of the public input provided at the public hearing, it is recommended that motions be made to: 1) Adopt resolution providing for the paving and drainage. improvements for each project, subject to the terms outlined in the resolution. The applicable interest rate shall be 12% at the time the final assessment roll is approved. 2) Approve preliminary assessment rolls including any changes made as a result of the public hearing. 3) Allocate $113,340.00 from the Petition Paving Account #173-214-541-035.39. 4) Roads will be ,paved as surveys and plans are completed. Road & Bridge will do some paving and others possibly by outside sources through Invitation to Bid. � WAY � °1988 15 Boos 72 FAu263 Chairman Scurlock opened the public hearing and asked if anyone wished to be heard regarding the paving of the three streets listed above. Albert Gilda, 266 21st Avenue, asked when 21st Avenue will be paved, and Public Works Director Jim Davis explained that a developer who is developing some lots between 21st Avenue and 22nd Avenue may want to move ahead faster than our crews can schedule it and may have a contract do it; however, the contract would be with the County. Director Davis anticipated that the roads will be completed sometime this summer. Mr. Gilda complained about a lot of dirt and rubbish in there which they feel is a hazard, and Director Davis advised that staff will look into the matter and if it is creating a hazard, the County will be glad to remove it. However, if the piles are on private lots, staff will contact Mr. Mitchell, the contractor, and see if we can get that cleaned up. Robert Horton, 310 21st. Street, pointed out that there are piles and piles of debris waiting to be hauled away, plus loads and loads of fill to be brought in to develop these lots. He asked if the paving was to be timed so that the majority of that work would be done before it is paved, or would the streets be paved first and subject to.all the heavy construction traffic. Director Davis explained that we have a situation where one side of both 21st Avenue and 22nd Avenue is being platted into single family lots, and if those roads are paved this summer, the chances are that most of the homes will be built- after that time. There will be a lot of heavy equipment on the roads once they are paved, but if the the paving is delayed until all those lots are built upon, that may take a couple of years. Commissioner Bird pointed out that in most cases, the roads are paved before a subdivision is built out. The developer paves the roads, and then the houses go up. Mr. Horton asked who is responsible for long time maintenance of the roads, and Director Davis said that the County would be �►Y 1� 16 ��Q� P F � jr �A responsible unles.s we actually witness a heavy piece of equipment being used. In that case, we would seek restitution from the owners of the equipment for damage to the road. There being no others who wished to be heard in these matters, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 88-30, providing for certain paving and drainage improvements to 21st Avenue from 2nd Street to 4th Street. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 88-31, providing for certain paving and drainage improvements to 22nd Avenue from 2nd Street to 4th Street. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 88-32, providing for certain paving and drainage improvements to 61st Drive north of CR -510. 17 Bou 72 Pa,u %65 I -Y L- 4/6/88(ENG)MAT\fkm RESOLUTION NO. 88- 30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 21ST AVENUE FROM 2ND STREET TO 4TH STREET. PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 21st Avenue from 2nd Street to 4th Street WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated .cost of the proposed paving and drainage improvements is FORTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($40,470.00); and �, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-42, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to [WAY&,_due yearly; and BOOK o r- WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lots 1 through 17, Block F, Indian River Heights Subdivision, Unit 3 as recorded in Plat Book 6, Page 4, Indian River County Public Records. The East 10 acres of the West 30 acres of Tract 11, Section 14, Township 33 South, Range 39 East, according to the Last General Plat of Lands of Indian River Farms Company, Plat Book 2, page 25. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to Indian River Heights and abutting property in this area; heretofore designated as Public Works Projects No. 8701 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution passed and adopted this 3rd day of May , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By i _J l DON C. SCURLOCK, JR. 2 ., airman Attest:1T.tl/�� FREDA WRI HT, Cl rk Admin. Budget NAY S 1988. I Approved + Date 4/6/88(ENG)MAT\fkm RESOLUTION NO. 88- 31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 22ND AVENUE FROM 2ND STREET TO 4TH STREET. PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA-..SPECIFICALLY..BENEFITTED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 22nd Avenue from 2nd Street to 4th Street WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage - improvements is FORTY THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($40,470.00); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-42, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be ROOK 1 &-.0 PAVF 9 1988 payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and -special -benefit -from these improvement, to wit: Lots 1 through 17, Block A, Indian River Heights Subdivision, Unit 3 as recorded in Plat Book 6, Page 4, Indian River County Public Records. The East 10 acres of the West 30 acres of Tract 11, Section 14, Township 33 South, Range 39 East, according to the Last General Plat of Lands of Indian River Farms Company, Plat Book 7, page 8. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY = - COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to Indian River Heights and abutting property in this area; heretofore designated as Public Works Projects No. 8701 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner ` Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution passed and adopted this 3rd day of May , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By c. DON SCU JR h • ,airman Attest: ,gvR1 Approved I Date FREDA WRIGHT,_Cldetrikc L_ SAY S 1988. Admin. Legal Gtr �s-L Budget Public Works Bir �� 269 4/6/88(ENG)MAT\fkm RESOLUTION NO. 88- 32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 61ST DRIVE NORTH OF 510, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 61st Drive North of 510; WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage - improvements is THIRTY TWO THOUSAND FOUR HUNDRED DOLLARS (32,400.00); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-42, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and MAY 3 1988 Boor, 72 wx 21 U WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lots 1 through 12 and Lots 21 through -32, & 42.5' of Lots 13 & 20 of Wabasso Lows Park Subdivision as recorded in Plat Book 268, Page 486 of the Public Records of Indian River County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to Wabasso Lows Park Subdivision; heretofore designated as Public Works Projects No. 8408 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code - of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution passed and adopted this 3rd day of May , 1988.0 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By c' DON C. SCURL CK, JR., airman 1 Attest: GCJ , Jk FREDA WRIGHT, C1 Approved Date Admin. - Legal Q1 &C Budget _ MR Woks V (SAX � I BOOK i MIG �� FINAL CHANGE ORDER #13 - INDIAN RIVER BOULEVARD SOUTH & 12th STREET WIDENING IMPROVEMENTS - ACCEPTANCE OF COMPLETION AND FINAL PAYMENT The Board reviewed the following memo dated 4/20/88: TO: Charles P. Balczun, County Administrator FROM: James W. Davis, P. E. Public Works Director J SUBJECT: Final Change Order # 13 - Indian River Boulevard South and 12th Street Widening Improvements, Acceptance of Completion, and Final Payment DATE: April 20, 1988 DESCRIPTION AND CONDITIONS The construction of Indian River Boulevard South (Phase 2) and connecting roadway improvements is complete. The final construction cost of` the project is $4,158,313.50, which is only 4.6% more than the original contract amount of $3,973,809.36. The overage is due to minor change orders including utility sleave installation for future water and sewer facilities. Change Order # 13 has been prepared to adjust final pay quantities as. constructed in the field. This standard reconciliation change order is routine for such a large project. The project was complete on the completion date, Feb. 6, 1988, except for final pavement markings. RECOMMENDATION AND FUNDING The following is recommended: 1) Accept the project as complete on Feb. 6, 1988. The one year contractor's warranty would begin on that date. 2) Approve Final Change Order #13 to increase the contract amount by $79,632.44. No time extension is applicable. 3) Approve release of the 10% retainage to the contractor and engineering services. 4) Approve final payment to the contractor. Funding to be from District 4 and 5 Road Impact Fees and Gas Tax Revenue. Commissioner Bird asked about the damage that was done by the gas company when they installed their utility line down there, and Public Works Director Jim Davis advised that the work has been inspected and he is satisfied with the repairs that have been done. The gas company reseeded the whole right-of-way there, and it looks much better than before. AY 31988 Z4 ��� 72 972 Bill Nelson of Rockridge pointed out that it is very dangerous for people driving north on Indian River Boulevard who wish to turn into Fairlane Harbor because there is no deceleration lane there, and Director Davis advised that we are working on that and will probably do it in-house. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation as set out in the above memo. No. ...i3 .... CHANGE ORDER Dated .Apri1.12, 1988 ...... OWNER'S Project No...... 8409 , , ,,, , , , , , , , , , ENGINEER's Project No. ....4395.03 .............. 12th Street Traffic & Pedestrian Improvements Project .with IndianRiverBouievardsoutherly, extension CONTRACTOR.,-_ Dickerson Florida, Inc. ............................................. ..... Contract For .... rO� co onstruction July 2 : 1986 ........ - - . Contract Date Dickerson Florida :.Inc..- - _ P,O, Box 719 - - • Stuart, Florida 32495 To, - CONTRACTOR............................... You are directed to make the changes noted below in the subject Contract: The completion date, contract price and Indian River County all other terms, covenants and conditions ......................... of the above referenced contract, except OWNER " as duly modified by this and previous Change Orders, if any, remain in full By --.- G .force and effegt. ............ Dated ... S -- ................. . Nature of the Changes Adjusted as—built quantities as itemized on the attached sheets. Enclosures: AY "9 5 ► BOOK JC These changes result in the following adjustment of Contract Price and Contract Time: Original Contract Price Change Order 1 thru 12 Subtotal This Change Order No. 13 Adjusted Contract Price S .3,.q73,809.36 104t871.'TO*����� ..... ..... S 4 .0'78, 681.06 79 =632 .. �....... . S . ,4,.158, 313.50... ...... 555 days starting August 1, 1986 Contract Time Prior to This Change Order .....• ............................ ... ........... . (Days or Date) Net (increase) (Decrease) Resulting from This Change Order .........-0— .................................. (s Current Contract Time Including This Change Order ... 555 days starting.August 1, 1986. .... ............ (Days or Date) Kimley-Horn and Associates Inc. The Above Changes Are Approved: .. ..... , .. .. , _ • .. , ... • .. . ENGINEER BY hh ... ..xC��::........ . U Date.......... ....4� 1.........19,5. The Above Changes Are Accepted: Dickerson Florida, Inc. ........................................ �\ CONTRACTOR By.. ... Date - - - `r �'.... ......19 The Above Changes are Authorized: IRIDIAN RIVER COUNTY I tate Adman. Lecal L M Date: Z 6 MAY I'D' 1988 sox. 72 F�nl 19' WA U.S. #1 SEWER AND WATER EXTENSIONS The Board reviewed the following memo dated 4/21/88: TO: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILI aICES FROM: JACK PEARCE6:>,/-./ SPECIAL PROJECTS COORDINATOR DEPARTMENT OF UTILITY SERVICES SUBJECT: U.S. #1 SEWER AND WATER EXTENSIONS BACKGROUND DATE: APRIL 21, 1988 As a result of repeated problems with the sewage systems at Kentucky Fried Chicken and Taco Viva restaurants on U. S. #1 in Vero Beach, as reported by the Environmental Health Department, this is a request_ for approval of a Feasibility Study for correction of the problems. The study will address an optimum solution for tie-in to a County sewer line on 12th Street. There is also a study option to connect these same properties to County water. RECOMMENDATION The staff of this Department requests and recommends that the Board of County Commissioners approve the Feasibility Study and that the work project be granted to Marshall, McCully and Associates, with a 21 day completion date. Marshall, McCully and Associates presented the lowest quotation at $850.00. The project will.be funded from the Utility funds assigned a 'project number and eventually transferred to Project Design Engineering Costs. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Feasibility Study and awarded the job to the low bidder, Marshall, McCully and Associates in the amount of $850, with a 21 -day completion date, as recommended by staff. A 10 �=�,�r C �> (i of Co Al -M/4 c-7 MAY 3 1988 27 BOOK 72 t-�rrv,975 STATUS OF JOB CLASSIFICATION AND SALARY STUDY Administrator Balczun advised that staff is planning to workshop the consultants study in the very near future and Personnel Director Bill Blankenship is in the process of making the arrangements. There are a number of questions about the results, and.neither he nor Director Blankenship is in a position, based on review of the data, to recommend that the Board do anything with the study at this time. They want to verify some raw data and other data derived from information provided by employees in terms of their own job descriptions. They want to make sure that all the evaluative criteria is properly established, and are targeting having at least the first part of it done by May 13th. They are not altogether certain that they agree with some of the rankings, and want to have the data checked before bringing a recommendation to the Board. Commissioner Eggert asked if more is going to be done to assure that the current market data is taken into greater consid- eration, and Administrator Balczun stated that is part of the verification process they want to go through. ECONOMIC DEVELOPMENT COMMITTEE - NATIONAL GUARD REQUEST FOR A HAWK MISSILE SITE IN INDIAN RIVER COUNTY The Board reviewed the following memo dated 4/27/88: boara of -'L 27, 1988 TO: Commissioners county DATE: prl FILE: SUBJECT: Economic Development Committee - National Guard FROM: 'Carolyn K. Eggert REFERENCES: County Commissioner On Tuesday, April 26, 1988, a presentation was given by members of the National Guard to the Economic Development Council. They are looking in Titusville, Melbourne and Vero Beach first for a temporary location to lease (the O'Conner lumber building here) 28 MAY � 1988 Boas 72 �`a F 276 and then a permanent 25 acre site to take over at the end of 4 years as a permanent armory and training site - a Hawk missile site. No missiles will be shot off in Indian River County. The sound of generators and vehicle traffic are the only noises. The purchase of electric power would eliminate the use of generators. The economic impact on the County would be great and positive. The problem - the National Guard does not purchase land. It asks to either lease it for $1 or less for 50 to 99 years, with a reverter clause, or to be given it by governments or a private donation. Question: Does the Board of County Commissioners wish to encourage the National Guard to come to Indian River County. If so, does the County have 25 acres it wishes to lease - to - the National Guard. Commissioner Eggert emphasized that this does not mean that there will be any missiles shot off in Indian River County, and she even understood that no missiles can be shot off in the State of Florida, at least in a training situation. This site would be for the purpose of computer simulations of Hawk missile launches and related operations involving radar. Commissioner Bird, a former National Guardsman, believed the plans most likely would mean a firing battery of between 140 to 150 men who would train part-time and 3-6 full-time employees, but Commissioner Eggert stated that at the presentation of April 26th, it was indicated that there would be quite a few more employees than that. Chairman Scurlock stated he would be in favor of leasing County property to them if we have 25 acres available that cannot be used for other purposes. Commissioner Bird felt there are some positive benefits to have the National Guard here, but wondered why they don't purchase a site. Commissioner Eggert explained that the Guard does not purchase land. It traditionally asks to lease land for $1 or less for 50 to 99 years from either governments or private donations. MAY 1988 29 BOOK 72 ,A,E 9 Chairman Scurlock felt the consensus is that the Board wishes to go ahead and authorize Commissioner Eggert and staff to research the National Guard's proposal and see if we can find 25 acres, and Commissioner Bird offered to work with Commissioner Eggert on this project. EMS SERVICE TO SEBASTIAN AREA The Board reviewed the following memo dated 5/3/88: TO: Charles Balczun DATE: May 3, 1988 FILE: County Administrator _ SUBJECT: Emergency Agenda Item and Staff Recommendation EMS Service to Sebastian Area FROM: Doug Wright REFERENCES: North County Fire Administrator It is requested that the information herein presented be given formal consideration on an emergency basis by the Board of County Commissioners at the regular meeting scheduled for May 3, 1988. DESCRIPTION AND CONDITIONS During a special called Sebastian Volunteer Ambulance Squad Board of Directors meeting on Monday, May 2, 1988, the Board voted unanimously to disolve itself due to an abundance of concern relating to an in- ability to provide a level of service commensurate with requirements of the existing Certificate of Public Convenience and Necessity. The Board of Directors felt that the best approach to the problem would be to merge with the Fellsmere Volunteer Ambulance Service to keep the EMS service in North Indian River County on a volunteer basis. Since the Board disolved itself, action was taken by the EMS Director to appoint the Fellsmere Volunteer Ambulance Service to provide' the service to the Sebastian area until the Indian River County Board of County Commissioners could meet and take formal action at the sched- uled meeting of May 3, 1988. Upon disolution, the assets of the Sebastian Volunteer Ambulance Squad reverted to the City of Sebastian. The Sebastian City Manager author- ized the Fellsmere Volunteer Ambulance Service the use and control of the assets pending formal action by the City Council. ALTERNATIVES AND ANALYSIS The options available for a continuity of EMS service to the area were to either allow Fellsmere to advance the proposal of a merger or allow a paid service to be initiated. The Fellsmere proposal has merit and it appears that the remaining Sebastian Volunteer Ambulance Squad 30 Boor, 1 f Fr41-F ?IN members plan to work with and support the Fellsmere Squad in its endeavor to provide the volunteer service. At a meeting of the EMS providers in the County on Thursday, April 28, 1988, the representatives advanced the Fellsmere proposal and indicated a desire to keep the service on a volunteer basis. RECOMMENDATION There are many issues that remain that have to be resolved in terms of administration of the merger if the Board of County Com- missioners approve the action taken to this point. It appears that the reorganization will be concluded on a cooperative basis by the parties involved and issues related to assets and liabilities mutually agreed upon. Staff recommends that the Board of County Commissioners take the following actions at the May 3, 1988, meeting: 1. Approve the action taken by the EMS Director on an emergency basis subsequent to the disolution of the Sebastian Volunteer Ambulance Squad in order to continue the EMS Service until the Commission meeting this morning. 2. Approve the balance of the funds due the former Sebastian Squad to be paid to the Fellsmere Volunteer Ambulance Service in a lump sum to assist with interim operating costs. The balance due at this time is $8,333.30. 3. Approve an amendment to the existing Fellsmere Volunteer Ambulance Service Certificate of Public Convenience and Necessity to include the area formerly -covered by the Sebastian•Squad. 4. Approve the request by Sebastian to withdraw the Appli- cation for a Certificate of Public Convenience and Nec- essity since the investigation is almost complete and to relieve the EMS Director from compliance with required actions of the EMS Ordinance. Assistance will continue to be provided to the Fellsmere Volunteer Ambulance Service on a frequent basis by the- EMS Director. Both the Indian River Memorial Hospital Paramedics and Indian River County Volunteer Ambulance Squad have indicated their assistance. The Board of County Commissioners will be kept informed of progress in this matter and the EMS service to the residents of the Sebastian area will continue to be available on a twenty-four hour basis. Doug Wright, North County Fire Administrator, advised that he and Administrator Balczun spent several hours after last night's meeting trying to get this matter resolved. On the advice of County Attorney Charles Vitunac, they directed Fellsmere Volunteer Ambulance Service to take over Sebastian's operations until this this morning when the matter could be presented to the Board. Mr. Wright presented the 4 recommendations listed above. 31 4 J MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, that the Board approve the 4 recommendations set out in the above memo. Under discussion, Commissioner Bird, although saddened by the demise of the Sebastian Ambulance Squad, was delighted by the Fellsmere Squad's offer of assistance. He asked how they will go about taking on this responsibility. Mr. Wright advised that the existing members of the Sebastian Squad have committed themselves to assisting the Fellsmere Squad. Chief Rosemary Cavanaugh told him this morning that a former member of the squad came in and asked if they could use a driver. He expected that others in the squad will return also. It is a cooperative effort and it is just a matter of getting things organized. Commissioner Eggert expected to see quite a few people come forward to volunteer their services because of Chief Rosemary Cavanaugh, who is a well organized and highly respected. Commissioner Eggert realized that we have been experiencing consistent problems within the volunteer squads, but are devoted to keeping the volunteer squads going as long as we possibly can. We are going to continue discussions with the hospital and be prepared, if, indeed, we have any problems in any of the other squads, to work out what the coverage will be and things like that. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:25 o'clock A.M. ATTEST: Clerk Chairman 32 BOOK .72 Pt Gr 280