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HomeMy WebLinkAbout11/22/1988Tuesday, November 22, 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, November 22, 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 William G. Collins, 11, Acting County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend Ray Snow of First Nazarene Church gave the invocation, and Chairman Scurlock led the Pledge of Allegiance to the Flag. Students from Glendale Elementary School gave a Patriotic Presentation in observance of Thanksgiving, an American holiday. The presentation was thoroughly enjoyed by the Board and those in attendance, and the Chairman thanked the children for coming. 5noK NOV 2 2 1988 ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition to today's Agenda of a budget amendment for a computer link up with the Health Dept. in their transfer to the hospital complex. Commissioner Eggert added the following 4 items: 1. Appointment to the IRC Housing Authority Board 2. Vero Beach Community Redevelopment Agency 3. Treasure Coast Regional Planning Council 4. Cancellation of BCC meeting between Christmas and New Year (December 27th meeting). ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of October 11, 1988, and October 18, 1988. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular -Meetings of 10/11/88 and 10/18/88, as written. CONSENT AGENDA Commissioner Bowman requested that Item D be removed from the Consent Agenda for discussion. 2 NOV 2 21988 L BOOK 75 F,1GE 214 A. Reports The Board reviewed the following memo dated 11/8/88: FREDA WRIGHT CLERK, CIRCUIT COURT AND RECORDER INDIAN RIVER COUNTY (305) 56778000 NOVEMBER 8, 1988 BOARD OF COUNTY COMMISSIONERS P. 0. BOX 1028 VERO BEACH . FLORIDA 32961-1028 FM: TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND MONTH OF OCTOBER 1988 FINES $29,067.06 COURT COSTS 11,055.00 LOCAL LAW 904.00 BOND ESTREATURE 1,064.49 DEFENSIVE DRIVING SCHOOL 2,283.75 PUBLIC DEFENDER FEES 293.00 ANIMAL. CONTROL COLLECTIONS 415.50 TOTAL $45,082.80 CHECK NO. 006203 COPY ATTACHED PMA Received and placed on file in the office of the Clerk to the Board: Month to date report by last name for month of October, 1988; Report of Convictions, month of October, 1988; Traffic Violations Bureau, Special Trust Fund, month of October, 1988 -- $45,082.00 3 NOV 2 21999 BOOK. 5 // 5 Fg LADE 215 B. Report on Voucher for Payment of Annual Contributions Housing Assistance Payments Program The Board reviewed the following memo dated 11/11/88: TO: DATE: The Honorable Members of the Board. of County Commissioners FROM: Finance ovember 11, 1988 FILE: SUBJECT: Report on voucher for Payment of Annual Contributions - Housing Assistance Payments Program REFERENCES: The attached HUD Forms 52681 and HUD Form 52595, covering the 1987/1988 Fiscal Year, were prepared by the Section 8 Rental Assistance staff with the concurrence of the Finance Department. We respectfully request that the Honorable members of the Board of County Commissioners authorize the Chairman's signature for submission to the U.S. Department ent of Housing and Urban Development. ttIOV 2 2 1988 14 BOOK 75 rAn216 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman's signature on the voucher for submission to the U.S. Dept. of Housing and Urban Development, as requested by staff. COPY OF VOUCHER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Release of County Liens The Board reviewed the following memo dated 11/15/88: TO: Board of County Commissioners FROM Lea R. Keller, County Attorney's Office DATE: November 15, 1988 RE: CONSENT AGENDA - BCC MEETING 11/22/88 RELEASE OF COUNTY LIENS I have processed the fol -lowing releases and request permission for the Chairman to execute them: Release of Water Assessment Lien Bldg. 45 of VISTA PLANTATION Release of Sewer Assessment Lien Bldg. 45 of VISTA PLANTATION Release of Assessment Lien - Willis Lot 6 of BREEZEWOOD PARK S/D PBI 4-67 Release of Assessment Lien - Murphy Lot 4 of SUNNYDALE ACRES Lots 23 & 24 of SUNNYDALE ACRES SUBD. Release of Assessment Lien - PLVAN Back-up information for the above is on file in the County Attorney's & Utilities Department Offices. 5 N 0 V 2 2 1988 BOOK 75 PAGE 21 7 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to execute the Releases listed above. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Sale of Surplus Fairway Mowers The Board reviewed the following memo dated 11/18/88: TO:WULIAM G.COLLINS II DATE: NOVEMBER 8, 1988 ACTING COUNTY ADMINISTRATOR FROM GUS AMBLER C.P.M. PURCHASING MANAGER SUBJECT: SALE OF SURPLUS FAIRWAY MOWERS REFERENCES: FILE: DESCRIPTION AND CONDITIONS: Sandridge Golf Course has requested that we declare several Fairway Mowers surplus and scrap or sell them. Because demand for mowers of this type is very limited a formal surplus bid would not be practical. It is my opinion that we should negotiate for a contractor that will remove these mowers at no cost to the County. If it is possible to find a mower vendor that has interest in these then a sale maybe possible. Otherwise we will try to find a scrap dealer to remove these mowers at no cost to the County. ANALYSIS AND ALTERNATIVES: The alternative to negotiating would be to do a formal sealed surplus property bid: The cost of this in administrative paperwork will exceed any possible sale value. Therefore, we should use our best judgement in disposing of this equipment. This equipment has a value of less then $500.00. RECOMMENDATIONS: Staff recommends that the Fairway Mowers on the attached list be declared surplus and that staff be authorized to dispose of this equipment the most economical way without formal sealed bids. NOV 2 2 1988 6 BOOK 7b ME.218 Commissioner Bowman wondered if these mowers could be used by someone else, and Commissioner Wheeler suggested storing them until we have enough equipment to go to bid. Commissioner Bird explained that these mowers were used when we bought them from Johns Island. He did not feel they were worth much as many of them have been cannibalized. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously declared the fairway mowers as surplus and authorized staff to dispose of them the most economical way without going to formal sealed bids. E. Authorization to Amend IRC Ordinances - SBCCI Technical Codes The Board reviewed the following memo dated 11/15/88: TO: William G. Collins, II Acting County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. Keating, A'!CP Director, Community Development Department DATE: November 15, 1968 SUBJECT: Authorization to Amend Indian River County Ordinances in reference to SBCCI Technical Codes FROM: Ester L. Rymer, Director( Building Division \ v It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at the next regularly scheduled meeting. DESCRIPTION & CONDITIONS The Indian River County Code of Laws and Ordinances provides for the use of specific editions, with applicable revisions, of the Southern Building Code Congress International (SBCCI) technical codes. These codes are designed for adoption by state and local governments. . 7 NOV 221988 BOOK 75 FA GE 219 The purpose of the Standard Code is to protect the public's life, health, and welfare in the built environment. The. use of performance-based requirements encourages the use of innovative building designs, materials, and construction systems while at the same time recognizing the merits of the more traditional materials and systems. This concept promotes maximum flexibility in building design and construction as well as assuring a high degree of life safety. The Code incorporates, by reference, nationally recognized consensus standards for use in judging,the performance of materials and sys- tems. This provides for equal treatment of both innovative and traditional materials and systems, provides for efficient introduc- tion of new materials into the construction process, and assures a high level of consumer protection. The Standard Codes are updated annually with revisions, and a new edition is published every three years. ALTERNATIVES & ANALYSIS The current Indian River County code requires the use of the 1985 technical codes and the 1986 and 1987 revisions to those codes. At the meeting of the Indian River County Building Code Board of Adjust- ments and Appeals held Monday;- October 17, 1988, the Board voted unanimously to recommend to the Board of County Commissioners the adoption of the 1988 editions of the technical codes as follows: STANDARD BUILDING CODE (SBC) 1988 EDITION, INCLUDING APPENDIX A Ref: Article II, Section 4-31 STANDARD PLUMBING CODE (SPC) 1988 EDITION Ref: Article VI, Section 4-91 • STANDARD MECHANICAL CODE (SMC) 1988 EDITION Ref: Article VII, Section 4-101 STANDARD GAS CODE (SGC). 1988 EDITION Ref: Article V, Section 4-81 STANDARD HOUSING CODE (SHC) 1988 EDITION Ref: Article VIII, Section 4-406 CONCLUSION & RECOMMENDATION Staff concurs with the Indian River County Building Code Board of Ad- justments and Appeals, and recommends the County Attorney be instructed to prepare the necessary amendments to the referenced Ar- ticles and Sections of the Indian River County Code for _presentation to the Board of County Commissioners for their review prior to sched- uling a public hearing. N O V 2 21988 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the County Attorney to prepare the necessary amendments as set out in the above staff recommendation. 8 BOOK F -"J. 220 F. Final Plat Approval for Coralwind Subdivision The Board reviewed the following memo dated 11/14/88: TO: William G. Collins II, Acting County Administrator DIVISION HEAD CONCURRENCE: & Robert M. Ke tin AICP g, ICP Community Development Director THROUGH: Stan Boling, AICP Chief, Current Developmgnt Staff Planner, Cu rent FROM: Robert E. Wiegers DATE: November 14, 1988 Development SUBJECT: FINAL PLAT APPROVAL FOR CORALWINp SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 22, 1988. DESCRIPTION AND CONDITIONS: Coralwind Subdivision is a 26 parcel located to the south of Avenue. At its regular meeting and Zoning Commission granted subdivision. lot subdivision of a ±10.0 acre 5th Street S.W. and east of 40th of October 9th, 1987, the Planning preliminary plat approval to the The owner, Coral Group, Inc; is now requesting final plat approval and has submitted: 1. a final plat in conformance with the approved preliminary - plat; 2. a warranty maintenance agreement covering publically dedicat- ed improvements (roads, drainage easements, utilities, etc.); and 3. a letter of credit guaranteeing the warranty maintenance -agreement. ANALYSIS: All required improvements have been constructed, and have been inspected and approved by the Public Works and Utilities Depart- ments. The County Attorney's office has reviewed and approved the submitted warranty maintenance agreement and letter of credit. All requirements for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the Coralwind Subdivision and accept the submitted warranty maintenance agreement and letter of credit. 9 NOV 2 21988 L ROOK 75 ria 221 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously granted final plat approval to Coralwind Subdivision and accepted the submitted warranty maintenance agreement and letter of credit, as recommended by staff. G. Appointment to Finance Advisory Committee The Board reviewed the following memo dated 11/16/88: MEMORANDUM TO: Alice White, Agenda Coordinator _FROM: ___ _ Jan Masi, Secretary to_the Finance Advisory, Committee ». — DATE: November 16, 1988 SUBJECT: Howard M-Dirks/Finance Advisory Committee Howard M. Dirks has been nominated to fill the unexpired term of the late Joseph Minotty, a Finance Advisory Committee member who passed away a few months ago. • It is recommended that Mr. Dirks be appointed to fill this vacancy for the remainder of 1988, and then be appointed to serve for a regular two-year term, or until January 1, 1991. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously appointed Howard M. Dirks to the Finance Advisory Committee for the remainder of 1988, and then for a regular 2 -year term, or until January 1, 1991. H. Exchange of Deeds with Fairlane Harbor Mobile Home Park The Board reviewed the following memo dated 11/16/88: OV221 10 BOOK 15 , ? 2 TO: Board of County Commissioners DATE: November 16, 1988 FILE: SUBJECT: EXCHANGE OF DEEDS WITH FAIRLANE HARBOR MOBILE HOME PARK William G. Collins FROM Acting County Administrator REFERENCES: The Board has apparently approved in concept a land swap with Fairlane Harbor Mobile Home Park which gave Indian River County a portion of right-of-way for Indian River Boulevard (see attached deed from Fairlane Harbor Mobile Home Park). Recommendation recommend the Chairman be authorized to execute the attached deed to Fairlane Harbor Mobile Home Park to complete the exchange. Commissioner Bird, the Board unanimously authorized the Chairman to execute the deed to Fairlane Harbor Mobile Home Park to complete the exchange. COPY OF DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Environmental Health Dept. - Purchase of Computer Equipment - Budget Amendment #012 The Board reviewed the following memo dated 11/21/88: TO: William G. Collins, II Acting County Administrator FROM: Robert M. Keating, AICP NA¢K Community Development Director DATE: November 21, 1988 SUBJECT: ENVIRONMENTAL HEALTH MOVE As you are aware, Environmental Health will be moving out of the county administration building and onto the hospital campus soon. Instead of occurring after the first of the year as I thought it would, this move is scheduled for the first of the month. That means that some action will need to be taken immediately. 11 NOV 2 21988 BOOK 75 F'1'_E 223 Environmental Health is an integral part of the building permit system, and it must remain that way for the system to continue functioning well. With the computerized tracking system, timetables are always met and conflicts between septic tanks/wells and utility systems are avoided. The continued maintenance of this system depends on Environmental Health having a computerized link to the system 38. In discussing this situation With Don Hilton, Jim McGinnis (data processing), Ester Rymer (building), and Mike Galanis (environmental health), we agreed that the best resolution to this problem would be to provide Environmental Health with a CRT which could be connected to the system 38 with a telephone modem. According to Don. Hilton, the equipment needed and the costs are as follows: 1 CRT 2 modems 1 protocol board $. ..500..00 800.00 1,500.00 There will also be an installation charge of $150.00 and a monthly phone charge of $50.00. In addition, data processing must extend the Planning Department's_ cable link to the 38 and set up Environmental Health's existing CRT (which cannot be used with a modem) in the Planning Department for interim use by Environmental Health and permanent use by planning. Once authorized, the equipment will be purchased and installed by data processing. The funds, however, will come from the Building Department enterprise account. To initiate the purchase and installation process which will take approximately three weeks, I need your authorization to have Joe Baird draft a Building Department budget amendment to increase cash carried forward and your authorization to request that this item be added to the November 22, 1988 Board of County Commissioner agenda. Please take action on this as soon as possible and forward this to Joe Baird. If any questions arise regarding this matter, please do not hesitate to contact me. NOV 221988 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #012 for the purchase of computer equipment for Environmental Health, as recommended by staff. 12 [BOOK 75 F•1 F.2?4 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OmB Director THROUGH: SUBJECT: BUDGET AMENDIUMM NUMBER: 012 DATE: November 21st, 1981 Entry Number Flan/Department/Account Name I I Revenue: Building Dept -Cash Forward Expense: Building Department -Other op supplies Building Dept -telephone -- Account Number 441-000-389-040-00 441-233-524-035-29 441-233-524-034-11 Increase • Ebcrease .3,450 2,950 500 PUBLIC HEARING - VERO STOR-ALL'S REQUEST FOR ABANDONMENT OF A PORTION OF 4TH PLACE (HARRIS ROAD) The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida • COUNTY OF INDIAN (OYER: 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 al Vero Bosch in Mellen River COunty. Florida: that the attached copy of advertisement, being In the matter of C RQNL.A. 'Rt'7O.X • In the ++x.A c OCourt. was pub- lished in meld newspaper in the feauee of {`ouQn l.. I I -1 O Ci Al Rant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach. In odd 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 es second class mail matter at the post office in Vero Beach, In said Indian River Chum ty, Florida, for a period o1 one year nest preceding the first publication of the attached copy of advertisement; and alOan% 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 me this (SEAL) NOV 2219R tw{ of -f ICIT. A D 19 It S. 1.. �: r_ f 1=us1 h.( Wort' Public. thee of Flee ldo • Mt' a -aro men Far- es Arne 29. me wr ft..r..�._ 13 • t1 g andd 1192. bhuaablunIO.ardard.thrs apete eon 1 watery Doreen of Hints Read deemn. de FEOvrau o/d.,ez Wide fy61b In.ma ins more pabedig0;7dlescriedes %described WC •i,iiFROMTsO CORNE.to .. OR. THE R. QUARTER . NORTHEAST QUARTER 13. TOWNSHIP 33 SOUTH. RANGE 39 EAST • Irp�7sq•jt liscl.RMAN WH ON THE OYVER COUNTY,ARTER OECTION UNE A DISTANCE OF 41131 FEET TO AN INTERSEODON WRN.TMB • EASIVy AY OF 7H8.01D DIXHIGHWAY: thane. RUN a 9f wee. ON t5A1D WGHT.OF-WAY A DISTANCE -0P' 882.60 FEET TO AN INTERSECTION .:. -WITH THE NORTH RIOIIT•OF-WAY ;OF CORNER ROAD LANDACONVwest EYED : TO GULFSTREAAI LUMBER CO. AS DE% SCRIBED IN SPECIAL WARRANTY • • DEED FILED 11.O.R. BOOK 077 PAGE 971& PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA: • thence. RUN EAST. 10004 FEET ON ,n. THE NORTH RIGHT-OF-WAY OF MAR- . IIS ROAD TOA POINT:. amore. CONTINUE FAST ALONG SAID . FEET ▪ TTOME O� OF 610.11 • thence. CONTPAIH ALONGID POINT RIGHT-OF-WAY. 19130 FEET TO A FOOTT FFLORIDA EAST COAST RAILROAD RIGHT-OF•WAYY: E. �7 AWI.ONNd ce � FLORIDA FAST COST RAILROAD RIGHT-OF•WAY TO THE IN- TERSECTION YL 4TH • 1" • 0 KNOYM AS HARRIS ROAD; REBTCekONG RUN 9140.0004 I RWd0ITT.0F WAY La$ TO T• H. Run N 00.47111' BEGINNING. B. 00001089 TOT HE POINT OFBE60B.NO. OR 00.LAND 281 AC S.A0aNO 7$330.»B.P. A public hearing 81 which prase In altered ahs .old Mea have Comlb �� hard. er 0? held 8 0w a Comird an a (edam Rha tw Ronda m the Won Building Chambers a� .1. V O Beach B ends. 00 Ta d y, temeN Yrs' Beset, Flmka, on Tuesday, Itewarnba 72.1(180 Anyarhe who whh b.ppea aw doltish watchmay 0 meds al000 dof the wen need to maws that a h Includes record of the proaadage N madewhichMcbbn0oaawale5lgh and svl dense INDIAN RIVER I.bVirl be bared. BOARD OF COUNTY COMMESIONERS Brs•Oon C.. ScW1Oo4..k. Payamber 1.1We• BOOK 75 FI{CE' 25 wit:! The Board reviewed the following memo dated 11/9/88: TO: William G. Collins II Ac.ting_ ountyA-dministrator DIVISION HEAD CONCURRENCE: Robert M. Rea inglv CP Community Dev lopt Director THROUGH: Stan Boling, AICP Chief, Current Development FROM: John W. McCoy, Staff Planne _. �M DATE: November 9, 1988 SUBJECT: VERO STOR-ALL'S REQUEST FOR THE ABANDONMENT OF A PORTION OF 4TH PLACE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 22, 1988.- DESCRIPTION AND CONDITIONS: Darrell McQueen has submitted a petition for right-of-way abandon- ment on behalf of Vero Beach Stor-All for a portion of 4th Place. That segment proposed for abandonment extends from the FEC rail- road right-of-way westerly for a distance of approximately 230'. ALTERNATIVES AND ANALYSIS: Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that a 20' wide utilities and drainage easement be retained. This portion of 4th Place is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. The right-of-way currently deadends at the FEC railroad tracks. The petitioner will use the property to expand the existing business, if the abandonment is approved. RECOMMENDATION: Staff recommends that the County abandon its rights to the portion of 4th Place right-of-way described in Exhibit A, and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution (Attachment #3), with the condi- tion: 1. That a 20' drainage and utilities easement be reserved along the north side of the subject right-of-way as described in Exhibit B of the Resolution. NOV 2 21988 14 BOOK 75 F'".Lr. 2 6 The Chairman opened the.. Public Hearing, and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. NOV 2 2 1988 ON MOTION by Commissioner Eggert, SECONDED by Commissioner WheeFer, the Board unanimously adopted Resolution 88-122, providing for the closing, abandonment and vacation of a 230' portion of Harris Road running west from the west right-of-way of the FEC Railroad. 15 BOOK 75 PAGE 227 RESOLUTION NO. 88 - 122 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND VACATION OF .A 230' PORTION OF HARRIS.. ROAD RUNNING WEST FROM THE WEST RIGHT-OF-WAY OF THE FEC RAILROAD, SAID LANDS LYING IN INDIAN RIVER COUNTY. WHEREAS, on April 27, 1988, the County received a duly executed and documented petition from Darrell McQueen requesting the County to close, vacate, abandon and disclaim any right, title and interest of the County and the public in and to all that 230' portion of Harris Road running west from the west right-of-way line of the FEC railroad, said lands lying and being in Indian River County. WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said ...petition has been duly published; and WHEREAS, after consideration of the petition, supporting documents, staff. -investigation and report, and testimony of all those interested and present, the Board finds that said right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly described as: See Exhibit A (attached) is hereby forever closed, abandoned, vacated, surrendered, discontinued, remissed and released, with the exception that a 20' easement be retained as a drainage and utilities easement, and this easement is reserved in perpetuity unto the County and the Public and shall not be deemed to have been closed or abandoned in any way by this resolution. 2. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is ;hereby directed to record this resolution together with the proofs of publication required by Florida Statues §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler , and upon being put to a vote; the vote was as follows: Chairman Don C. Scurlock, Jr. Vice -Chairman Gary C. Wheeler Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman The Chairman thereupon declared and adopted this und day of NOV 22 1988 L Nnvemher Aye Aye Aye Aye Aye the resolution duly passed , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLOR DA BY: Don Scur o , Jr., '...rman Board of County Commi si.ners 16 BOOK 75 H.GE228 L_LUY U t.)c HSaULIA f L5. INU. ENGINEERS AND SURVEYORS REPORTS DESIGNS SUPERVISION APPRAISALS CONSULTATIONS April 5, 1988 Job # 84-378 Exhibit "A" LIMITS OF ABANDONMENT From the Northwest corner of the Southwest quarter of the Northeast quarter of Section 13, Township 33 South, Range 39 East, Indian River County, Florida, run South on the quarter section line a distance 'of 444.34 feet to an intersection with the East right-ofway of the Old Dixie Highway; thence, run S 21° 47' 00" E on said right-of-way, a dis- tance of 562.58 feet to an intersection with the North right-of-way of Harris Road and the Southwest corner of that -land conveyed to Gulfstream Lumber Co. as described in Special Warranty Deed filed in O.R. Book 577, Page 2718, Public Records of Indian River County, Florida; run East, 456.04 feet on the North right-of- way of Harris Road to a point; continue East along said right-of-way a distance of 510.14 feet to the Point of Beginning; continue along said right-of-way, 191.68 feet to a point on the West line of 100 foot wide Florida East Coast Railroad right-of-way; thence, run S 27° 53' 12" E, 67.36 feet along said Florida East Coast Railroad right-of-way to the intersec- tion with the South right -of -way -line of 4th Place, also known as Harris Road; thence, run N 89° 30' 31" W, 224.01 feet along said South right-of-way line; thence, run N 00° 47' 39" E, 60.00 feet to the Point of. Beginning. Said land containing 12,388.78 S.F. or 0.284 acres. PREPARED BY LLOYD & ASSOCIATES, INC. VERO BEACH ROBERT F. LLOYD REGISTERED CIVIL ENGINEER 3536 REGISTERED LAND SURVEYOR 944 M 13 0 51 1835 VERO 5624112 2OTN STREET BEACH. FLORIDA 32960 thence, thence, thence, NOV 2 2 1988 17 BOOK 75 F.4 i,F. 229 EXHIBIT "B" EASEMENT DESCRIPTION • Commence at the intersection of the North right -ow -way line of 4th Street and the West right-of-way of the Florida East Coast Railway and run N 27 53'12" W along the West right-of-way of the said Florida East Coast Railway a distance of 262.83 feet to a POINT OF BEGINNING. Then Run Still along the said right-of-way N 27 53'12" W a distance of 67.12 feet to a point. Then run N 89 17'17" W a distance of 246.68 feet to a point. Then run run S 0 47'39" W a distance of 20 feet to a point. Then run S 89 17'17" E a distance of 278.89 feet to a point. Then S 27 53'12" E a distance of 44.49 feet to a point. Then run S 89 30'31" E a distance of 34.09 feet to the POINT OF BEGINNING. Being part of the Northeast 1/4 of Section 13, Township 33 South, Range 39 East, Indian River County, Florida. Date 249457c,"/96# Prepared by Charles A. Cramer, P.L.S. County Surveyor PUBLIC HEARING - REQUEST FROM GRACE LUTHERAN CHURCH FOR SPECIAL EXCEPTION USE APPROVAL 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: 18 NOV 2 2 1988 ETOK 75 FAU 230 9.• VERO BEACH PRESS -JOURNAL • Published Dally 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 daily newspaper published at Vero Beach In Indian River County, Florida; that the attached -copy of advertisement, being 'nask_1 _ in the matter of LUa7l.Otr G.- I Ja-t 9.,1.in1i (a 1 In the _ �p �Court, was pub- lished In said newspaper in the issues of \Ot )P fra/tR_ Alf iant 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 dailyand has been entered as second class mall 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. r� �n Sworn to and subscribed before me this _�� d=,��f A D. 19 VA (SEAL) (Businedlt na er) Notary Public, stub of Fforlde ."\ MycCommission Expires June 29, 199 Bwdad 1Mu Trey rah. . Wm..., s—.. - .. NOTICE OF PUBLIC HEARING it Nolte of publical hearing to coto,ra0 e f grant - ling WWowhlpTThe exception approvalora98nyb presantgr owned by Grace Lutheran- Church of Vero Beach, Florida, Inro., and Is located at 1150 0111 TheIsdescrlbedee: THE WEST le OF THE NORTH 10 CEAST 14 TRACT SETIONF10 TOWNSHIP 33 90UTtfgf RANGE 39 EAST, ACCORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF 8T. LUCIE COUNTY, FLORIDA. IN PLAT BOOK 2, PAGE 25• SAID LAND LYING AND BEING - IN INDIAN RIVER COUNTY SFLORIDA; LESS AND OUTH 1.5 ACRES THEREOF. ,THE A nubile hearing at which parties in interest and citizens eha0 have an opaortunity to be heardCom- missioners of Indiawill be held nyRiver Countftmd y, Florida In the County Commission Chambers of the AdminIahadon Building, Located at 1840Cergi Sheet, Vero Beach, Florida, on Tuesday. Novem- ber 22, 1988 at 9:05 a.m. Anyone who may wish to appeal any ant decision which may be made at this meeting wi8 need to ensure that a verbatim record of the proceedings. Is made which Includes the testimony and evi- dance upon which the 011008) wtil be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS -• By -s -Don 0. Bouddpk. Jr. } chairman November1.1888 The Board reviewed the following memo dated 11/14/88: TO: William G. Collins II, Acting County Administrator DIVISION HEAD CONCURRENCE: Robert M. Reatilhg, Community Devel pmen7 Director FROM: Stan Boling, AICP Chief, Current Development DATE: November 14, 1988 SUBJECT: GRACE LUTHERAN CHURCH'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 22, 1988. PROPOSED DEVELOPMENT AND LOCATION: Peterson & Votapka, Inc., on behalf of the Grace Lutheran Church, has submitted an application for special exception use and major site plan approval to construct a church on a site zoned RS -6. Churches are classified as special exception uses in the RS -6 district; thus, the submitted application must be reviewed under the special exception process. The subject site is located at the• southeast corner of 12th Street and 41st Avenue. NOV 2 2 1908 19 BOOK 7 231 Special: exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, and general welfare and, as such, would be compatible with permitted uses within the particular zoning district. Special exceptions require submittal of an approvable site plan meeting all site plan criteria, zoning district criteria and the criteria set forth in the regulations for the specific land uses. In considering the request it is the responsibility of the Board of County Commissioners, based _upon the recommendation of the Planning and Zoning Commission and staff, to approve, approve with condition, or deny the request. At its regular meeting of October 27, 1988, the Planning and Zoning Commission conditionally approved the site plan and recommended that- the Board of County Commissioners grant special exception use approval for the church. The site plan approval condition related to the establishment of a conservation easement over upland areas on the site that are to be preserved. SITE PLAN/PROPOSED USE ANALYSIS: 1. Size of Site: ±3.27 acres -- 2. Zoning Classification: RS -6, Single Family Residential (up to 6 units/acre). 3. Land Use Designation: LD -2, Low Density Residential 2 (up to 6 units/acre). 4. Building Area: Primary Phase: 9,450 sq. ft. Planned Future Addition: 3,120 sq. ft. Future Total: 12,570 sq. ft. or 8.82% of the site 5. Total Impervious Area: (primary phase and future addition) 27,350 sq. ft. or 19.2% of the site 6. Open Space Required: 40% Provided: 62.74% (excluding grassed parking areas) 7. Off -Street Parking Required: 76 spaces Provided: Paved: 4 spaces Grassed: 106 spaces Total Provided: 110 spaces 8. Stormwater Management: The stormwater management plan has been approved by the public works department, and a Type "A" stormwater permit has been issued. 9. Utilities: Although the applicant requested to tap into the existing City of Vero Beach water main located across 12th Street from the site, permission was denied. Thus, public water service is not available -to the site. The Environmental Health Department has approved plans for an individual well and septic tank to service the proposed church. 20 NOV 22 '98 BOOK 75 m[232 2 10. Traffic Circulation: The plan calls for the removal of an existing dirt driveway that connects the site to 12th Street; this driveway serviced a residence previously located on the site of which only a foundation currently remains. The site will be accessed via a two-way drive onto 41st Avenue. 11. Dedications and Improvements: A sidewalk is to be provided along the site's entire 41st Avenue frontage. 12. Landscape Plan: The landscape plan exceeds the requirements of Ordinance #84-47. Preservation of existing stands of saw -palmetto and trees along most of the site boundaries will more than adequately meet the requirement for Type "B" buffering of adjacent properties. 13. Environmental Issues: A ±0.54 acre non-viable, isolated wetland is located in the center of the site (see attachment #4). The applicant has submitted copies of letters from the DER, DNR, and the Army Corps of Engineers (A.C.O.E.) which exempt the applicant from any dredge and fill or other wetlands requirements. Although these jurisdictional agencies have exempted the project from wetlands -related requirements, the County's wetlands requirements still apply. Pursuant to section 23.3(f)(1) of the site planordinance and County policy, sites containing non-viable wetlands may be developed as long as one of three available --options is pursued. These options are prioritized as follows: a. Preservation of the wetland area; b. Mitigation for developing the wetland area, type -for - type (wetlands for wetlands); or c. Mitigation for developing the wetland area, type-for- nontype (uplands for wetlands). In determining which option should be approved, the County considers the feasibility of development, the quality of the wetland area(s), the potential for mitigation, and other environmental opportunities on site. The applicant has stated that it is not feasible to preserve the wetland area and fill/build around it because it is located in the center of the site; thus preservation would render the site unbuildable for, the proposed use. Also, .the applicant has stated that attempts to mitigate filling of the wetlands by creating other wetlands on the site would destroy quality pine and hardwood uplands areas on the site. In essence, the applicant maintains that the cost (development feasibility and loss of quality uplands areas) of preserving or creating wetlands on site does not justify the potental benefits. The applicant proposes option #3, "trading -off" a non-viable wetlands area for total preservation of uplands areas as well as planting wax myrtles around retention areas to mitigate the loss of flora in the existing wetlands area. The appli- cant's mitigation plan is summarized as follows: 21 NOV 22 1988 ROOK 75 FnE 233 a. Fill-in a ±0.54 acre non-viable wetland. b. Preserve (no damage by filling) a ±1.18 acre upland area that exists around the perimeter of the property (in- cludes oaks, pines, saw -palmetto, wax myrtle, standing dead pines) . c. Plant wax myrtles.(not included in any landscape cred- its) around retention• areas to mitigate loss of flora in the wetlands area. Planning staff agrees with tli applicant's reasoning that the uplands for wetlands trade-off is acceptable in this case due to the location of the wetlands on the site, the low func- tional quality of the wetlands, and the opportunity for preservation of quality uplands areas on site. To ensure preservation of the uplands area, the developer has been required by the Planning and Zoning Commission to establish a conservation easement, acceptable to the County Attorney's office, prior to issuance of a C.O. Furthermore, the Planning and Zoning Commission has approved the proposed mitigation plan as part of the site plan approval. 14. Special Exception Criteria: The following special exception criteria are applicable: 1. No building or structure shall be located closer than thirty (30) feet to any property line abutting a res- idential use or district. 2. Access shall be from a major thoroughfare or as other- wise approved by the County engineer. 3. Any accessory residential use or school upon the prem- ises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing body. Accessory residential uses may include convents, monasteries, rectories or parsonages. 4. Type "B" screening, as defined in Section 23.3(g)(3) shall be provided along all property boundaries when the facility is located within or adjacent to a residential district. The applicant satisfies all applicable special exception criteria requirements. 15. Surrounding Land Uses/Zoning: North: Single -Family Residential/RS-6 South: Vacant/RS-6 East: Single -Family Residential/RS-6 West: Single -Family Residential/RS-6 22 Noor. 75 `' Gi 234 NOV 22 19(38 RECOMMENDATION: Staff recommends that the Board of County Commission grant special exception approval for the Church, making effective- the conditional site plan approval previously granted by the Planning and Zoning Commission: The Chairman opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED BY Commissioner Eggert, the Board unanimously granted special exception approval for Grace Lutheran Church, making effective the conditional site plan approval previously granted by the Planning and Zoning Commission. CONTINUED DISCUSSION OF COUNTY ADMINISTRATOR SEARCH Chairman Scurlock reported that he had reviewed all 80 resumes that were submitted to Mercer -Slavin and had come up with what he feels are the 5 best candidates. In addition to McDowell and Smith from Mercer-Slavin's original short list, he had selected Crew,:McCown and Dawson. Commissioner Wheeler advised that he has 6 selections: Chandler, Smith and Furtwangler from the original list, plus Shannon, Horn and McCutcheon. Commissioner Eggert's selections were Chandler, Furtwangler, and Smith from the original list, plus Crew, O'Dell and Hunter. Commissioner Bird had 3 selections from the original list: Furtwangler, McDowell and Smith. Commissioner Bowman advised that after reading all of the 80 resumes, she had not selected any from the original short list. Her choices are Dawson, McCown and Crew. NOV 221988 23 t1001( Th PACE 2:35 After a tally of the selections, the Board eliminated those who had received only one vote: Shannon, McCutcheon, Horn, and O'Dell. The Board agreed to pay the travel expenses for the 7 remaining applicants to come to Vero Beach and to hold one-on-one interviews with each: Carey F. Smith of Hilton•Head Island, South Carolina Danny Crew of Pompano Beach, Florida William Furtwangler of Charleston, South Carolina Craig A. McDowell of Corpus Christi, Texas James E. Chandler of Hollywood, Florida Andrew McCown of Englewood, Colorado Dennis Dawson of Grapevine, Texas The Board felt it would be best to begin the interviews on a Friday and finish up on a Monday, which would give the applicants the opportunity to look over the community on Saturday and Sunday. The Board directed staff to set up the appointments as quickly as possible. CLOSING OF PERSONNEL OFFICE DURING LUNCH HOUR The Board reviewed the following memos dated 11/10/88: To: William Collins -Acting Administrator Date: 11 -10 -88 -- From: ,Zf/ack Price -Personnel Director Sub: Lunch Hour The Personnel Department traditionally has been open during the lunch hour. This practice prevents us from being as efficient as is desirable. The aim to be available to clients is foremost in our thinking since we are totally a service department. Our clients however are predominantly County employees. We serve them during normal working hours more effectively if we take the lunch hour off together and come back at full force at 1:OOPM. No employees require our assistance during the lunch hour. Listed below are other considerations: 1. Personnel is a 4 person office. We are not completely cross trained and during the noon hour would simply take messages for others to follow up later. 2. If one employee remains on duty during the lunch hour the department is then understaffed by 25% from 1:OOPM till 2:OOPM. This interferes with the normal work of the others during that period. Offset working hours are not practical for Personnel. 24 NOV 2 2 1988 BOOK 75 3. Job applicants from the public have access to the receptionist who currently greets visitors and accepts applications. Considering the volume of backlogged tasks Personnel already faces plus a genuine desire to move the department forward in several areas, approval of our closing during the noon hour would be appreciated. It was pointed out that the Clerk's Office has received complaints about closing during the noon hour, but Administrator Collins explained that the Personnel Dept. mainly serves the employees while the Clerk's Office mainly serves the general public. Commissioner Bowman assumed that notice of this closing would be sent to all County employees, and Commissioner Eggert suggesting putting a notice on the Personnel Dept. door that the office is closed during lunch hour. Purchasing Director Jack Price advised that new applicants coming in during the lunch hour could pick up or drop off appli- cations at the receptionist desk in the main lobby. Commissioner Bird felt we should try it out, and Adminis- trator Collins was sure that if there are any difficulties, the employees will let their supervisors know. That feedback will tell us whether or not it is a good experiment. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board approved the closing of the Personnel Dept. during the noon hour. GOLDEN SANDS PARK PROJECT - CHANGE ORDER #1 - DENNIS L. SMITH CONSTRUCTION The Board reviewed the following memo dated 11/14188: NOV 2 2 198 25 PAH 2:37 TO: William G. Collins II Acting County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: James D. White, P.E. Capital Project Manage SUBJECT: �J fr Change Order No. 1,..Dennis L. Smith Construction Golden Sands Park Project DATE: November 14, 1988 DESCRIPTION AND CONDITIONS The design of Golden Sands Park was modified slightly by staff to eliminate clearing of -a area of about 0.5 acres which would have been cleared and excavated as a 'stormwater retention area. The goal of the change was toavoid' clearing 0.5 acres of dune hammock vegetation. The financial result of the proposal change order is a cost reduction of $2522.60 for the contract. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Authorize the chairman to execute the Change Order as prepared. Alternative No. 2 Reject the Change Order and direct staff to renegotiate terms. This choice might lead to a claim by the Contract. RECOMMENDATION AND FUNDING The staff recommends that Alternative No. 1 be approved. The result of this Change Order is a savings of $2,522.60 on the contract, by Indian River County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Change Order #1 on the Golden Sands Park Project, as recommended by Director Davis. Director Davis reported that the County received a DOT permit the other day regarding a southbound left turn lane into the Golden Sands Park and also a northbound deceleration right turn lane into the park. However, when the DOT returned the permit they requested some additional work which would inflate the construction cost by approximately $46,000, which would put 26 FOOK. 75 ['ASE 23 the total for the AIA work at $98,000. He contacted the DOT and told them we did not have that much work programmed, and they indicated they would consent to deleting the southbound left turn lane coming into the park, which would serve people coming from Brevard County and the areasnorth of Golden Sands. Director Davis advised that by deleting the southbound left turn lane at this time and plugging it into Phase 11 of the park, we could reduce the budget significantly: Chairman Scurlock asked what the County would require a private developer to do in a similar case, and Director Davis said that if we applied the same requirements to ourselves, the left -turn lane would not be required until Phase 11. Commissioner Bird asked if it would cost more to do it in Phase 11 than it would to do it now, and Director Davis said that road costs have stabilized in the last few years. The Board indicated they would prefer to wait until Phase 11 to construct the southbound left turn lane into Golden Sands Park. 27 L NOV 22198 BOOK 75 PAU.239 CHANGE ORDER AIA DOCUMENT 6701 1)istnbutu,n to: OWNER ARCHITECT CONTRACTOR HEW U111TR 0 0 PROTECT: Golden Sands Park CHANGE ORDER NUMBER: 1 -Division V (name. address) Indian River County Off SR A -1-A TO (Contractor): ' Dennis L. Smith, INC P.O. Box 2945 Vero Beach, Fl. 32961 INITIATION DATE: 10-24-88 ARCHITECT'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: You are directed to make the following changes in this Contract: Add asphalt pavement for additional turn lane at SR A1A Delete stormwater management tract Add storinwater management berm and - flume Add earthwork to cover plhcement of fill N'• Additional construction stakeout- - Delete 5.6% of clearing and grubbing of stormwater management tract indan River Ct Approved gi5 Date Admin. 666C //-46 Legal 4-C. !((6 Budget //'f �-'(a‘ De p t'j? kr )b Tilsit Mgr. • Total 4735-04 $ 877.40 (-8800.00) 2450.00 4000.00 900.00 (-1950.00) $V-2522.60) Not valid until signed by both the Owner and Architect. Signature of the Contractor Indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Tim,. The original (Contract Sum) (GAG/r/rjteeidA(aifcyh)tljiT' z9S$ was % $ Net change by previously authorized Change Orders $ The (Contract Sum) (CgLd6rMithid/ljAAInftyltf gc/sp) prior to this Change Order was $ The (Contract Sum) (titie%aAteli jr"(ly7Sy/ryfICAO/will be/ip9er faftl/ (decreased, (yh�F�la/1�e�df s by this Change Order The new (Contract Sum) (f 1rht,'ef1/Ilj'aitithieft flbtt) including this Change Order will be , . , S The Contract Time will beifilM1sfr fayt9tl/ foe frit ft (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is _BobPrt ,FSC Pelham / T T Phil1iDs Blvd lan gdo, Fi. 32819 BY ea/ 0A11 Dennis L. Smith, Inc CONTRACTOR P � ., Address V- : reac' ter -A=4— //81 OAR /p -6.g3: AI/1 DOCU INT G7•1 • Fe ANL( I,KUt ( • ANkII 147M 11)11un4 • AIA•I • pI'p VMti AMtRICAN INSIIIUIt OF AF(CHIIECIS, 17.0 MW 1t.KA A 1.. N N , W ASHIhl.ltlh, tl.t :ijl., 28 NOY2y, 1988 155,505.70 0 155,505.70 (2,.522:60 152,983.10 ( 0 ) Days. Authorized: Indian River County 0118418 25th Street Address Vero Beach, F1. 3296 BY on . S ur UAV[ /%—�� BOOK 75 FADE. 240 GIFFORD AREA SEWER PROJECT -.CONTRACT #1 - WASTEWATER TREATMENT PLANT - RELEASE OF FUNDS The Board reviewed the following memo dated 11/14/88: DATE: NOVEMBER 14, 1988 TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES FROM: ERNESTINE W. WILLIAMS MANAGER OF PROJECT ADMINISTRATION SUBJECT: GIFFORD AREA SEWER PROJECT - IRC PROJECT NO. US -85 -09 -DC CONTRACT #1 - 1.0 MGD WASTEWATER TREATMENT PLANT RELEASE OF FUNDS BACKGROUND On October 1, 1987, Indian„River County contracted for the construction of the 1.0 MGD secondary - wastewater treatment plant with tertiary filter, chlorine contact tank, effluent pump chamber, non -spec effluent storage, and percolation basin, office building, mechanical building, paved access road and parking area, all piping and electrical, and other general site work. The work covered under Contract #1 is now substantially complete. Still remaining is the removal of a berm in the percolation area and some final grading which represents $11,638.55 of work. There is also a reduction for sales tax for services which did not have to be paid and which amounts to $16,558.85. ANALYSIS: We have reviewed the figures and find them to be in order. It is necessary to pay this final payment and release some of the retainage for the Partial Pay Estimate which is attached. RECOMMENDATION: The staff of the Department of Utility Services recommends that payment for substantial completion be made to the contractor, releasing funds for the project for all work under Contract #1, excluding $11,638.55 to be retained until the berm and final grading are completed. (This portion of the project cannot be completed until the final effluent line is completed which is under a separate contract.) Also, deduct $16,558.85 for sales tax on services which did not have to be paid. All of the above is indicated on the attached pay request. EWW:h Attachments AMOUNT RETAINED FOR BERM & GRADING: $ 11,638.55 SALES TAX FOR SERVICES: 16,558.85 PREVIOUS PAYMENTS: 1,698.772.45 $ 1,726.969.85 AMOUNT DUE CONTRACTOR: 90,030.15 CONTRACT TOTAL: $ 1,817,000.00 N O V 2 2 1988 66._______ 9 BOOK 75 F.1GE:241 Chairman Scurlock emphasized that the County has $32 -million worth of construction going on right now, in addition to the other private development projects in the county, and he wanted to be very sure that we get these "as builds" constructed. Utilities Director Terry Pinto explained how the "as builds" are monitored and controlled. Commissioner Eggert asked if we are doing everything we can in getting information out to the Gifford community as far as what is available to them from FmHA, and Director Pinto felt that everything possible has been done to properly inform the community. He explained that the paper flow has slowed down right now due to a change in administrative personnel at FmHA. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of funds to Specialty Maintenance & Construction, Inc., as set out in staff's recommendation. APPOINTMENT TO IRC HOUSING AUTHORITY BOARD The Board reviewed the following memo dated 11/19/88: TO: Board of County Commissioners Carolyn R. Eggert 0 DATE: November 19, 1988 FILE: SUBJECT: Housing Authority FROM: County Commissioner REFERENCES: The term of Tim Bradley on the Board of the Indian River County Housing Authority will expire in mid-December. The application 30 L NOV 22198 LlooK 75 Du 242 of Ms. Pearl Jackson has been sent to the Governor's office for approval. She is highly recommended by both Godfrey Gipson and Tim Bradley of the Board as qualified and conscientious. She would be valuable in helping the Board continue its rapport with a large part of its constituency. Recommendation The Board approve and the Chairman be authorized to sign letters of recommendation of the appointment of Ms. Pearl Jackson to the Indian River County Housing Authority Board. These letters should be sent to Dale Patchett; Tim Deretany and the Governor's Office, Appointments Director, The Capitol, Tallahassee, Florida 32399-0001 with copies of the application attached. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to sign letters of recommendation of the appointment of Ms._Pearl Jackson to the IRC Housing Authority Board, as recommended by Commissioner Eggert. APPOINTMENTS TO THE TREASURE COAST REGIONAL PLANNING COUNCIL The Board reviewed the following memo dated 11/19/88: TO: Board of County DATE: November 19, 1988 F Commissioners FROM: SUBJECT: Treasure Coast Regional Planning Council Carolyn K. EggertG County Commissioner REFERENCES: 31 NOV 22 i988 BOOK 77 PAGE 243 Recommend that the Board of County Commissioners approve the following appointments and the required information be sent to Treasure Coast Regional Planning Council: INDIAN RIVER COUNTY Member Alternate Margaret C. Bowman Carolyn K. Eggert MUNICIPALITY Member Mayor of Vero Beach (Kenneth Macht) ALTERNATE MUNICIPALITY Member Indian -River Shores (A. J. Todd) Gary C. Wheeler Richard N. Bird ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the above appointments to the Treasure Coast Regional Planning Council. DOWNTOWN REDEVELOPMENT ADVISORY BOARD (Vero Beach Community Redevelopment Agency) Commissioner Eggert recalled that when this appointment first came up, she tried to get Commissioner Wheeler to serve on this Board, but he declined because he felt his business was within that community. She stressed that her desire to have Commissioner Wheeler replace her on this committee is not due to any lack of interest in this project, it's just that she does not have the time. Since Commissioner Wheeler has found that his business is not considered to be in this area, and since he has an extreme interest in the new Courthouse being built in the downtown area, she would like to have Commissioner Wheeler replace her on this board. 32 N O V 2 21988 L BOOK 75 PAGE. 244 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board appoint Commissioner Wheeler as Commissioner Eggert's replacement on the. Downtown Redevelopment Advisory Board. Under discussion, Chairman Scurlock expressed his concern about this committee since during the recent joint workshop with the City of Vero Beach he heard that some of the decisions that the City's Planning & Zoning Board has traditionally made in the past would be transferred over to this board. If that is the case, he felt the dual office holding capacity comes into play. Further, he had some very serious reservations about the Planning & Zoning Board being put in the back room, because that board is where the authority ought to be. He just felt uncomfortable about replacing the P & Z Board with some other board, especially when Councilman Winchester inferred that some other responsi- bilities are going to be transferred also. Commissioner Eggert said she would be totally uncomfortable if the advisory board had the final decision, and would feel the need to withdraw if that is the case. Commissioner Bird suggested that we ask the City for further information regarding the responsibilities of this new board. Commissioner Egggert asked if we could appoint Commissioner Wheeler now and then if he gets to that point on the agenda where he finds out that this board would have the final decision on planning, we can consider withdrawing our representation at that time. She did not feel it was right for a County Commissioner to sit on any kind of City board that makes a final decision. She knew that was a concern of alt the Commissioners. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 33 BOOK (5 FIGE245 � NOV 2 2 1988 Administrator Collins confirmed that there is a question of dual office holding capacity on this matter, and that he would check on the responsibilities of this board and get back to Commissioner Wheeler before the meeting that is scheduled for 3 o'clock this afternoon. CANCELLATION OF BCC MEETING OF DECEMBER 27, 1988 Commissioner Eggert advised that she would be in Detroit on the Tuesday between Christmas and New Year celebrating her Mother's 84th birthday, and asked the Board's feeling about cancelling that meeting. It was the consensus of the Board to cancel the regular meeting of December 27, 1988.._. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:10 o'clock A.M. ATTEST: NOV 22`388 34 BOOK 75 Pr} 246