Loading...
HomeMy WebLinkAbout1/16/19906 R r BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING JANUARY 16, 1990 9:00 A.M. - COUNTY COMMISSION CHAMBER ADMINISTRATION BUILDING 1840 25th STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman James E. Chandler, County Administrator Richard N. Bird, Vice Chairman Margaret C. Bowman Charles P. Vitunac, County Attorney Don C. Scurlock, Jr. Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board 9:00 AM 1. 2. 3. 4. 5. 6. CALL TO ORDER INVOCATION - Pete LaBarre, Pastor Emeritus Trinity Episcopal Church PLEDGE OF ALLEGIANCE - James E. Chandler, Co. Admin. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. Addition of status report on Economic Opportunity Council and the Overall Extension Counc-il. 2. Addition of a Parks & Recreation Committee report. APPROVAL OF MINUTES A. Approval of Minutes of Regular Meeting of 12/12/89 B. Approval of Minutes of Regular Meeting of 12/19/89 CONSENT AGENDA A. Received and Placed on File in the Office of Clerk to the Board: Copy of General Purpose Financial Statements of Vero Lakes Drainage District, ending 9/30/89 B. Community Services Block Grant Housing Rehabilitation Program Application (Memorandum dated 1/2/90) C. Report of Occupational License Taxes Collected during Month of December (Memorandum dated 1/4/90) D. Golf Car Lease (Memorandum dated 1/16/90) E. Outstanding Water Bill Owed to IRC from the Estate of Arthur Smith (Memorandum dated 1/9/90) "JAN 16 1990 9:05 AM FF - 4s '1 7. CLERK TO THE BOARD A. IBM System 38 Computer (Memorandum dated 1/10/90) B. Budget Amendment to the Court Facilities Fund (Memorandum dated 1/5/90) 8. A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 9. COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES Construction Manager Contract (Memorandum dated 1/9/90) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS Resolutions Setting Public Hearing and Approving Preliminary Assessment for Paving and Drainage Improvements to Sections of 8th Ave., 9th Ave., 10th Ave., 13th Ave., and 134th St. (Memorandum dated 1/3/90) H. UTILITIES None 11. COUNTY ATTORNEY A. Transportation Planning Committee Resolution B. Brevard County Boundary Line - Sebastian River 12. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT Legislative Delegation (Memorandum dated 1/10/90) B. VICE CHAIRMAN RICHARD N. BIRD C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER.DON C. SCURLOCK, JR. E. COMMISSIONER GARY C. WHEELER 13. SPECIAL DISTRICTS SOLID WASTE DISPOSAL DISTRICT Bailey Property (Continued from 1/2/90) ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE'UPON WHICH THE APPEAL WILL BE BASED. JAN 16 1990 L Tuesday, January 16, 1990 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 18.40 25th Street, Vero Beach, Florida, on Tuesday, January 16, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don -C. Scurlock, Jr., and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; William G. Collins, II, Assistant County Attorney; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Pete LaBarre, Pastor Emeritus of Trinity Episcopal Church, gave the invocation, and Administrator Chandler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition to today's Agenda of a status report on the Economic Opportunity Council and the Overall Extension Council. Commissioner Bird requested the addition of a Parks & Recreation Committee Report. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously added the above items to today's Agenda. "-I JAN 16 1990 BOOK rF4ct 3 � J QAN If IM BOOK � � F�,�,E d APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 12, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of 12/12/89, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of December 19, 1989. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the--M-inut-es—ef- A - he Regular Meeting of 12/19/89, as written. CONSENT AGENDA Commissioner Scurlock requested that Item D be removed from the Consent Agenda for discussion, and Commissioner Bowman requested that Item E be removed also. A. Report Received and placed on file in the Office of the Clerk to the Board: Copy of General Purpose Financial Statements of Vero Lakes Drainage District, ending 9/30189 4 B. Community Services_B1ock Grant Housing Rehabilitation Program Application The -Board reviewed the following memo dated 1/2/90: TO: The Honorable Members of the DATE: January 2, 1990 FILE: Board of County Commissioners MUCH: James E. Chandler County Administrator SUBJECT: Co=mity Services Block Grant Housing Rehabilitation Program Application 1 FROM: Guy L. Decker, Jr.'!, REFERENCES: Executive Director I.R.C. Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITION: The State of Florida's Department of Community Affairs advised Indian River County they will accept applications for projects to be funded through the Con unity Services Block Grant (CSBG) for local activities to assist low-income individuals. Section 675 (C)(1)(a) through (E), Public Law 97-35, as amended, and Administrative Rule 9B-22, Florida Administrative Code, provide the criteria for such projects. These grants will be for a six-month period from April 1, 1990 through September 30, 1990, and the alloca- tion for Indian River County to cover administrative costs is $6,295. Applications must be postmarked no later than February 1, 1990. The Indian River County Housing Authority is the non-profit subgrantee for the Indian River County Commissioners. The program covered under this grant will provide rehabilitation consulting services which will activate rehabilitation funding from governmental sources. The Farmers Home Administration Section 504 Program provides housing rehabilitation funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to the low-income elderly owner -occupant. There are approximately 805 owner -occupied substandard housing units suitable for rehabilitation in Indian River County. Low-income and elderly families lack the tmney •to make their homes safe and sanitary. This program will be targeted in the three most distressed areas of the County: Wabasso, Gifford and Old Oslo Park. We plan on assisting between 8 and 14 low-income and elderly owners in bringing their homes up to safe and sanitary standards. ALTERNATIVE AND ANALYSIS: This is our eighth funding cycle under legislation passed by Congress which consoli- dated various social programs into the block grant categories for administration by the State and local government, and funds not applied for from the Community Services Block Grant Program will,be redistributed among counties that make application. RECOMMENDATION AND FUNDING: We respectfully request the County Commission to authorize its Chairman to execute the Community Services Block Grant Program Application for submission to Florida's Department of Comummity Affairs along with the required accompanying Resolution. This program will bring about improvements in safety and sanitation for approximately 14 homeowners. The average cost of improvements will be $5,000 per unit. The $6,295 Grant plus $2,697 of cash and in-kind contribution by the Housing Authority would be supple- mented with about $72,000.00 in loans and grants from the Farmers Home Administration. this program requires no additional County Funds. 3 JAN 16 '090 JAU s 6a BOOK ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-4, authorizing the Chairman of the Board to execute an application for a housing rehabilitation program to assist low-income families as administered by the State of Florida's Department of Community Affairs. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTION NO. 90-4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRNJAN OF THE BOARD TO EXECUTE AN APPLICATION FOR A HOUSING REHABILITATION PROGRAM TO ASSIST. LOW -*INCOME FA14ILIES AS ADMINISTERED BY THE STATE OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Board of County Commissioners of Indian River County has reviewed this proposal and has received the recom- mendation from the Executive Director of the Indian River County Housing Authority, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached Application to the State of Florida's Department of Community Affairs for a Community Services Block Grant Program (CSBG). The foregoing resolution was offered by Commissioner Scurlock who.moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of January, 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Chairman ti. 4 I C_�Report _of_Occupational License Taxes Collected during Month of December, 1989 The.Board reviewed the following memo dated 1/4/90: HEMORANDUM TO: Board -of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: January 4, 1990 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $4,194.15 was collected in occupational license taxes during the month of December 1989, representing the issuance of 179 licenses. )LAe4wo�- Gene E. Morris, Tax Collector D. Golf Car Lease The Board reviewed the following memo dated 1/16/90: TO: Members of the Board of DATE: January 16, 1990 FILE: County Commissioners THRU: Mr. James Chandler SUBJECT: Golf Car Lease , County Administrator . FROM: 1 - Bob KaREFERENCES: marine Director of if DFSCRIPTIM AND ANALYSIS Sandridge Golf Club has a present golf car fleet of 75. During the winter months (January thru April) staff has experienced a periodic shortage of golf cars especially on Thursday during AARP Golf League and also on weekends. Staff has enclosed a lease agreement for five (5) additional seasonal electric golf cars from Islander Golf Car Leasing, Inc. of Vero Beach. These 5 -additional cars should ease the car shortage during the busy period. RECOMMENDATION Staff recommends that we lease the five (5) additional golf cars from a. Islander Golf Car Leasing, Inc. BQGK f',4GF BOOK 78 F'1u' �41 Commissioner Scurlock asked if this should have been a bid situation, and Administrator Chandler explained that these five additional golf cars will be leased for only three months during the peak tourist season. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the Lease Agreement with Islander Golf Cars Leasing, Inc., as recommended by staff. LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Outstanding Water Bill Owed to IRC from the Estate of Arthur Smith The Board.reviewed the following memo dated 1/9/90: TO: Board of County Commissioners FROM: Harry Asher, Assistant Director/ Utility Services Department DATE: January 9, 1990 14, RE: CONSENT AGENDA - B.C.C. MEETING 1/4-7190 OUTSTANDING WATER BILL OWED TO INDIAN RIVER COUNTY FROM THE ESTATE OF ARTHUR SMITH In August of this past year the Indian River County Utilities Department filed a'claim against the Estate of Arthur Smith, deceased, for an unpaid water bill in the amount of $19.21 for water furnished to a residence at 4204 24th Avenue, Vero Beach, Florida. Since that time this bill has been paid. The attorney handling the probate of the estate Is now requesting the County sign a Satisfaction and Release of Claim form in connection with this matter. Since there is no'longer any monies owed to the County, we request the Board authorize the Chairman to sign the attached release. 9 L -JAN Commissioner Bowman wondered if it would pay us to file a claim for such a little amount, and Assistant County Attorney Collins explained that the estate will post a list of all the potential claimants, and all we have to do is fill out a form. It shouldn't take more than 5 or 10 minutes to file the claim. Commissioner Scurlock suggested that maybe we should just declare it as a bad debt, but Commissioner Wheeler felt we would be setting a precedent if we take that stance. Utilities Director Terry Pinto advised that at present our percentage of loss on bad debts is less than 20. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to sign the Satisfaction and Release of Claim form in the claim against the Estate of Arthur Smith, as recommended by staff. COPY OF RELEASE OF CLAIM IS ON FILE IN THE OFFICE OF THE CLERK DECLARATION OF SURPLUS - IBM SYSTEM 38 COMPUTER The Board reviewed the following memo dated 1/10/90: TO: Board of county Commissioners DATE. Jan. 10, 1990 FILE: 1 SUBJECT: Agenda Item on IBM System 38 Computer �.5 FROM: Jeffrey K. Barton REFERENCES: Clerk of Circuit court Please declare the IBM System 38 Computer as surplus. We have moved all of the computer programs from the System 38 to the IBM AS/400 with the exception of the Utilities billing programs. The Utilities Department has informed me that they will no longer need the billing programs on the System 38 as of February 1, 1990.. It is mk intention to send out requests for bids on the System 38 to companies that have expressed an interest in purchasing the System 38. Presently, six companies have expressed an interest in purchasing the System 38. Booz �� F'•4�F 942 FF - BOOK Jeff Barton, Clerk of the Circuit Court, requested that the Board declare the old IBM System 38 Computer as surplus property after the Utilities Department comes off of it at the end of this month so that he can start advertising for proposals on the sale of the equipment. He recalled that back when the Board approved the purchase of the IBM 38, the County Commission put up the bulk of the money, and the Clerk put up the difference, which included the eventual sale of the equipment. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously declared the IBM System 38 Computer surplus property, as requested by County Clerk Barton. BUDGET AMENDMENT #034 -- COURT FACILITIES FUND Jeff Barton, Clerk of the Circuit Court, presented the following request: TO: Board of County Commissioners DATE: Jan. 5, 1990 FILE: SUBJECT: Budget Amendment to the Court Facilities Fund FROM: Jeffrey K. Barton REFERENCES: Clerk of Circuit Court The Clerk of Circuit Court requests a budget amendment of $800 to cover the cost of correcting the deficiencies in the recording system in Courtroom C at the Indian River County Courthouse, deficiencies created when the video system was incorrectly installed. Because of the incorrect installation and the resulting single track recording, we are facing the possibility of retrying several cases. Enclosed is a quotation from a firm capable of restoring the system to its original eight track system. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved _.Budget Amendment #034 in the amount of $800 to cover the cost of correcting the video system in Courtroom C, as requested by County Clerk Barton. Commissioner Bowman wondered if we could go back to the company that installed this equipment and get them to make it. right, but Commissioner Wheeler doubted that we could since it has been two years since it was installed. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director 6` V SUBJECT: BUDGET AMENDMENT NUMBER: 034 DATE: 02-09-90 Entry Number Funds-/DepartmentZAccount Name Account Number Increase Decrease 1. EXPENSE COURT FACILITIES FUND/ Office Furniture & Ecruipment Reserve for Contingencies 106-309-516-066.411$ 106-909-581-099.91 800.00 0 S 0 800.00 SAN 16 1 'U � , U 0 CONSTRUCTION MANAGER CONTRACT BOOK 73 FAst 45 The Board reviewed the following memo dated 1/9/90: DATE: JANUARY 9, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI AS SUBJECT: CONSTRUCTION MANAGER CONTRACT BACKGROUND: At the regular meeting on January 2, 1990, the Board authorized the hiring of Proctor Construction Company to perform Construction Manager Services for the Indian River County Jail - Phase III, Main Library, North County Community Library, and the Indian River County Public Health Unit. ANALYSIS• The services were to be in accordance with the Scope of Services outlined in the Request _ for Proposals. The negotiated price is $280,000 predicated on eighteen (18) months construction period. A deduct has been included should the project (4 jobs) finish in less than the anticipated eighteen months. An additional services fee is provided for should the project (4 jobs) run in excess of the eighteen months. FUNDING: Each of the four (4 ) jobs will be accessed on a percentage basis to provide funding for this project. RECOMMENDATIONS: Staff recommends Board approval of the attached contract for these services and authorize their Chairman to execute the documents. 10 Commissioner Bird asked what type of advertising we used to solicit bid proposals on this, and Administrator Chandler advised that we went through the Consultant's Competitive Negotiations Act, and we advertised in papers and sent out requests for proposals to companies who had expressed an interest in the past and were on file. We also advertised in several different newspapers when we were looking at individuals. Sonny Dean, Director of General Services, advised that 3 firms were short listed by a committee comprised of himself, Commissioner Wheeler, Administrator Chandler, and Director Davis. Commissioner Bowman understood that Proctor's proposal came in after the deadline, and Administrator Chandler confirmed that their proposal did come in 5 minutes after the opening, but he had recommended that they be included primarily from the standpoint that this was not a bid in terms of dollars and cents, but just a proposal submitted to the County on background, experience and qualifications. Commissioner Scurlock asked if we are changing that process now, and Administrator Chandler advised that since it isn't a bid situation, we are considering accepting these type of proposals on a given day, but not specifying a certain hour. Commissioner Wheeler inquired if the $280,000 covers the full scope of services outlined in the Request For Proposal, and Administrator Chandler confirmed that it does. The full scope of services is outlined in the proposed agreement. Chairman Eggert was supportive of the concept of a construction manager, but she was going into this very reluctantly since these services will add $68,000 to the costs of the Main Library and $34,000 to the costs of the North Library. She was sure that it will save money in the long run, but it is difficult to accept especially after all the hard budgeting that has been done on the libraries. Commissioner Scurlock just wanted to run through the selection process on this again. He understood that the 11 BOOK N 1 1990 ��� Pt � c �4�� JU - � J Fr ­ t EOOK IS PAGE 94 e. proposals came in; one bid was 5 minutes late, but Administrator Chandler had recommended that it be accepted; and after going through the formal process of ranking the firms, Proctor was ranked third. Administrator Chandler confirmed that was the process followed. The Board then authorized negotiations with the top 3 firms, and they began negotiating with Sverdrup, the firstranked firm, whose opening proposal was $540,000. After we indicated that was unacceptable, they reduced their fee, but in doing so severely limited their scope of services to the point that we felt we could not have received the product. We then negotiated with the second -ranked firm, Rooney Enterprises, whose opening proposal was a minimum of $343,000. However, that price did not include all of their expenses, and they resubmitted a revised fee schedule in the neighborhood of $330,000. We felt that was still too much for the services we would be receiving. We then went to negotiations with the third -ranked firm, Proctor Construction, whose opening proposal was somewhere in the neighborhood of $340,000. That was negotiated down to $280,000, which we felt is a more equitable fee for the type of services that we are going to be receiving. That $280,000 represents about 2.30 of the total construction costs for the 4 on-going projects, compared to the present average of approximately 40. Commissioner Scurlock asked how we allocated the costs to the separate projects, and Administrator Chandler advised that it was done strictly on a percentage basis according to the construction costs: 39.80 -- Phase III of the Jail 24.40 -- Health Building 24.50 -- Main Library 11.30 -- North Library Commissioner Bird asked to be furnished a copy of; -the bid list that went out with the request for bids on this, and Director Dean advised that he would see to that. 12 _I ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved ,the agreement with Proctor Construction Company, and authorized the Chairman's signature. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTIONS TO PROVIDE FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 1) 8TH AVENUE FROM 2ND STREET TO SOUTH RELIEF CANAL 2) 9TH AVENUE FROM 2ND STREET TO SOUTH RELIEF CANAL 3) 10TH AVENUE FROM 2ND STREET TO SOUTH RELIEF CANAL 4) 13TH AVENUE FROM 2ND STREET TO 4TH STREET 5) 134TH STREET SOUTH OF ROSELAND ROAD The Board reviewed the following memo dated 1/3/90: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director a ' FROM: Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Resolution to Provide for the Paving and Drainage Improvements to: 1) 8th Avenue from 2nd Street to South Relief Canal 2) 9th Avenue from 2nd Street to South Relief Canal 3) 10th Avenue from 2nd Street to South Relief Canal 4) 13th Avenue from 2nd Street to 4th Street 5) 134th Street South of Roseland Road DATE: January 3, 1990 ----------------------------------------------------------------- DESCRIPTION AND CONDITIONS The County Public Works Department has received petitions and/or initiated a public improvement assessment for road paving and drainage improvements for the following: 1) 8th Avenue from 2nd Street to South Relief Canal* 2) 9th Avenue from 2nd Street to South Relief Canal* 3) 10th Avenue from 2nd Street to South Relief Canal* 4) 13th Avenue from 2nd Street to 4th Street* 5) 134th Street South of Roseland Road * Valid Petitions 13 JAN 16 1990 �ooK ���' Fej�. up Fr - J � I G 19 A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, February 13, 1990 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been -prepared and filed with the Clerk to the Board. RECOMMENDATIONS AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the projects 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) Allocate $249,574.20 from the Petition Paving Account #173-214-541-035.39. 3) Road Projects will be advertised for bid and constructed by a private contractor. 4) Adopt a resolution setting the time and place of the Public Hearing. Public Works Director 7Jlm Davis pointed out that these estimates are higher than the Board has seen on other projects, because we are anticipating contracting them out and have added a little cushion in there for contractor's profit and overhead. Hopefully, they will come in much lower than what we have estimated, but we have tried to be conservative in the estimate. On the 134th Street project, we are getting some indication that the residents are not supporting the project completely. The Catholic Church has indicated that they are willing to participate up to $10,000, but we are told that the people living on that road are not supportive of it being paved or opened. All we are doing today, however, is setting the public hearing date, 14 and confirming the preliminary assessment roll. Any decision to pave these roads will come after the Board hears comments at the Public Hearing. Commissioner Scurlock asked how many additional lineal miles of paved streets will be done this year, and Director Davis estimated that there would be another 16 miles. He advised that we are in the .process of squaring off some areas, such as Dixie Heights, and staff will be making recommendations to square off other areas as well. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-5, giving Notice that the Board of County Commissioners of Indian River County will hold a Public Hearing at 9:05 o'clock A.M. on Tuesday, February 20, 1990 in the Commission Chambers to discuss the advisability, cost and the amount of the assessments against each property for paving and drainage improvements, to: 8th Avenue from 2nd Street to South Relief Canal, 9th Avenue from 2nd Street to South Relief Canal, - 10th Avenue from 2nd Street to South Relief Canal, 13th Avenue from 2nd Street to 4th Street and 134th Street South of Roseland Road ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, unanimously adopted Resolution 90-6, providing for certain paving and drainage improvements to 8th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefited. 15 JAN 16 1990 EOGK % '�� jj� f„t JAP I, C 1990 �OOK 78 F�%E951 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, unanimously adopted Resolution 90-7, providing for certain paving and drainage improvements to 9th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-8, providing for certain paving and drainage improvements to 10th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-9, providing for certain paving and drainage improvements to 13th Avenue from 2nd Street to 4th Street in Indian River Heights, Unit 6, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. 16 ON MOTION by Commissioner Scurlock, -SECONDED ,,by Commissioner Wheeler, the Board unanimously adopted Resolution 90-10, providing for certain paving and drainage improvements to 134th Street from Roseland Road to Catholic Church entrance in Town of Wauregan Subdivision, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. 17 JAN 16 1990 BOOK 78 RESOLUTION 90_5 PUBLIC HEARING NOTICE BOOK 78 P, -,u 95e! PLEASE TAKE NOTICE that the Board of County Commissioners of Indian River County, Florida, will hold a Public Hearing at 9:05 AM on Tuesday, February 20, 1990 in the Commission Chambers located at 1840 25th Street, Vero Beach, Florida to discuss the advisability, cost and the amount of the assessments against each property for paving and drainage improvements, to: 8th Avenue from 2nd Street to South Relief Canal, 9th Avenue from 2nd Street to South Relief Canal, 10th Avenue from 2nd Street to South Relief Canal, 13th Avenue from 2nd Street to 4th Street and 134th Street South of Roseland Road PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Commissioners shall also hear all interested persons regarding the proposed assessments contained in the preliminary assessment rolls for the` improvements described above. The preliminary assessment rolls are currently on file with the Clerk to the Board. If any 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the foregoing recitals are affirmed and ratified in their entirety. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January 1990. BOARD OF COUNTY COMMISSIONERS , OF INDIAN RIVER /COUNNTY, FLORIDA By CAROLYN EGGER ; Cha rman Attest: RT 1, C e c RESOLUTION NO. 90-6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 8TH AVENUE SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL IN INDIAN RIVER HEIGHTS, UNIT 81 PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the property owners have submitted a petition for Road Paving and Drainage Improvement for 8th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit S. �, 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 SEVENTEEN THOUSAND, ONE HUNDRED AND SIXTY SIX DOLLARS and TWELVE CENTS ($17,166.12); 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 ($12,874.59) 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 twenty five (25%) of the total cost of the project ($4,291.53) will come from petition paving account; 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 11-47, Indian River County Code of Laws and Ordinances; 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 19 JAI" I� �Q �'k�� y BOOK 78 FACE 955 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 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 improvements, to wit: Lots 13 through 17, Block R in Indian River Heights, Unit 8, as recorded in, Plat Book 7, Page 31 of the Public Records of Indian River County, SW h of SE h of Section 13, Township 33S, Range 39E, lying W of Old Dixie Highway and N of South Relief Canal, less W 160 FT of SW k of SE k and also less E 167 FT of W 327 FT of N 160 FT of SW z of SE h and also less additional Right -of -Way in Official Records Book 803, Page 1733, W 160- FT of SW %of SE ; of Section 13, Township 33S, Range 39E and the E 1677T of W 327 FT of N 160 FT of SW % of SE h all lying N of Northerly Right -of -Way line of South Relief Canal, less following designated parcel, beginning at NW corner of W k of S h of SE h of Section 13, thence S 88 degrees, 41 minutes, 46 seconds E along N line of said S h 146 FT, thence S 72 degrees, 22 minutes, 26 seconds W 154.12 FT, more of less, to a point of W line of said S g of SE h, thence N 01 degrees, 03 minutes, 36 seconds E, along W line of S h of SE h 50 FT to Point of Beginning and less Peterson Country Estates, Unit 1, as in Plat Book 1, Pages 12-77. 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 8th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8; heretofore designated as Public Works Project No. 8706 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. 20 RESOLUTION 90-6 The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January , 1990. BOARD OF COUNTY COMMISSIONERS OF INND�IAN DRIVER /COUNTY, FLORIDA By �-��-rC, ' �C • C < CAROLYN . EGGE Chairman Attest: BARTN, C Le k ---- - — -- ---- ---- - - 21 8_1 AULZJ PUUK 7FACE 95'7 RESOLUTION NO. 90-7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 9TH AVENUE SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL IN INDIAN RIVER HEIGHTS, UNIT 8, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. the property owners have submitted a petition for Road Paving and Drainage Improvement for 9th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8. 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 TWENTY FIVE THOUSAND, THREE HUNDRED AND TWENTY FIVE DOLLARS and FORTY FOUR CENTS ($25,325.44); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene-fited,___be_in an amount equal to that proportion of seventy five percent (75%) of the total cost of the project ($18,994.08) 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 twenty five (25%) of the total cost of the project ($6,331.36) will come from petition paving account; 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 11-47, Indian River County Code of Laws and Ordinances; and 1 ?. 2 M i _I 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 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 improvements, to wit: Lots 1 through 15, Block P in Indian River Heights, Unit 8, as recorded in, Plat Book 7, Page 31 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 9th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8; heretofore designated as Public Works Project No. 8708 is hereby approvedsubjectto 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 Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary c. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January , 1990. BOARD OF COUNTY COMMISSIONERS OF IYAN RIVER COUNTY, FLORIDA r By '�- CAROLYNt�k oEGGER , Chairman 23 JAS 10 1990 ',:_�� j BOOK I 1 RESOLUTION NO. 90-8 BOOK 78f'oicv A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 10TH AVENUE SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL IN INDIAN RIVER HEIGHTS, UNIT 8, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the property owners have submitted a petition for Road Paving and Drainage Improvement for 10th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8. 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 NINE THOUSAND, THREE HUNDRED AND NINETY EIGHT DOLLARS and THIRTY FIVE CENTS ($39,398.35); 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 ($29,548.76) 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 twenty five (25%) of the total cost of the project ($9,849.59) will come from petition paving account; 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 11-47, Indian River County Code of Laws and Ordinances; 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 24 a � � 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 improvements, to wit: Lots 1 through 23, Block M in Indian River Heights, Unit 8, as recorded in, Plat Book 7, Page 31 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 10th Avenue South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8; heretofore designated* as Public Works Project No. 8712 is hereby approved subject to the terms outlined .above and all applicable requirements of Section 11-41, et seq..__Indiam--Ri-ver—County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Scurlock who moved its seconded by Commissioner Wheeler a vote, the vote was as follows: adoption. The motion was and, upon being put to Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman, Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January , 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY CAROLYN. EGGERT hairman Attest: t011f,rl_ BARQ N, ler 25 RESOLUTION NO. 90- 9 BOOK I FACE S A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 13TH AVENUE FROM 2ND STREET TO 4TH STREET IN INDIAN RIVER HEIGHTS, UNIT 6, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the property owners have submitted a petition for Road Paving and Drainage Improvement for 13th Avenue from 2nd Street to 4th Street in Indian River Heights, Unit 6. 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 FIFTY FIVE THOUSAND, SEVEN HUNDRED AND NINETEEN DOLLARS and EIGHTY THREE CENTS ($55,719.83); 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 ($41,789.87) 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 twenty five (25%) of the total cost of the project ($13,929.96) will come from petition paving account; and WHEREAS, the special assessment shall 13ec6me 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 11-47, Indian River County Code of Laws and Ordinances; 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 26 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 improvements, to wit: Lots 1 through 17, Block B Lots 18 through 34, Block C, in Indian River Heights, Unit 6, as recorded in, Plat Book 7, Page 17 of the Public Records of Indian River County, Florida. 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 13th Avenue from 2nd Street to 4th Street in Indian River Heights, Unit 6; heretofore designated as Public Works Project No. 8846 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 Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January , 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 4 r�,�u CAROLY K. EGG" , Chairman Attest: F , e 27 j SAN 9, RESOLUTION NO. 90-10 BOOK t -d 8 F` tEo�J A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 134TH STREET FROM ROSELAND ROAD TO CATHOLIC CHURCH ENTRANCE IN TOWN OF WAUREGAN SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the property owners have submitted a petition for Road Paving and Drainage Improvement for 134th Street from Roseland Road to Catholic Church entrance in Wauregan Subdivision. 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 ONE HUNDRED ELEVEN THOUSAND, NINE HUNDRED AND SIXTY FOUR DOLLARS and FORTY SIX CENTS ($111,964.46); 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 ($83,973.34) which the number of acres owned by the given owner bears to the total number of acres within the areas specially benefited and twenty five (25%) of the total cost of the project ($27,991.12) will come from petition paving account; 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 11-47, Indian River County Code of Laws and Ordinances; 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 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 improvements, to wit: Lots 7 through 11, Block 17, Lots 2 through 6, Block 18, Lots 1 through 6, Block 31, Lots 7 through 12, Block 32, Lots 7 through 12, Block 33,. Lots 1 through 6, Block 34, Lots 1 through 6, Block 44B, Lots 7 through 12, Block 45, Lots 7 through 12, Block 46, Lots 1 through 60 Block 47, Lots 1 through 6, Block 48, Lots 7 through 12, Block 49, Lots 7 through 12, Block 50, Lots 1 through 6, Block 51, Lots 7 through 12, Block 52, and all blocks 52A, 53 and 54 in Town of Wauregan Subdivision as recorded in Plat Book 1, Page 178 of the Public Records of St. Lucie County, Florida. NOW WHEREFORE, 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 134th Street from Roseland Road to Catholic Church entrance __in___Town__of Wauregan Subdivision; heretofore designated as Public Works Project No. 8901 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 Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of January , 1990. W BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By. CAROLYN V EGGERT,, irman JAN BOOK ( F.�GE 985 TRANSPORTATION PLANNING COMMITTEE - RESOLUTION After extensive discussion regarding the restructuring of the Transportation Planning Committee, the Board decided on 9 nontechnical voting members and ten technical nonvoting members, and set a quorum of five voting members. Since Districts 6, 8, and 9 of the traffic -impact fee districts do not have a municipality within their boundaries, and would not have representation in that respect, the Board decided that representatives would be appointed from those specific districts. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 90-11, reestablishing the Transportation Planning Committee; repealing prior Resolutions 81-81 and 87-46. 30 - RESOLUTIIN. 90- 11 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, REESTABLISHING THE TRANS- PORTATION PLANNING COMMITTEE; REPEALING PRIOR RESOLUTIONS NOS. 81-81 and 87-46. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Creation and Membership of Committee There is hereby established the Transportation Planning Committee for Indian River County to be composed of eleven voting members and ten nonvoting technical members as follows: NONTECHNICAL VOTING MEMBERS: I� A member of the Indian River County Board of 2' County Commissioners and one alternate from the Indian River County Board of County;''' � Commissioners One member of the City of Vero Beach City Council and one alternate either from the Council or a technical designee, at the discretion of the Council One member of- the City of Sebastian City Council and one alternate either from the Council or a technical designee, at the discretion of the Council One member of the City of Fellsmere City Council and one alternate either from the Council or a technical designee, at the discretion of the Council One member of the Town of Indian River Shores Town Council and one alternate either from the Council or a technical designee, at the discretion of the Council One member of the Town of Orchid Town Council and one alternate either from the Council or a technical designee, at the discretion of the Council One member of the Indian River County School Board and one alternate from the Indian River County School Board One member of the Gifford area and one alternate of the Gifford area One member from Traffic Impact Fee Districts Nos. 6, 8, and 9, to be' appointed by the Board of County Commissioners TECHNICAL NONVOTING MEMBERS: One member of Indian River Farms Water Management District The County Traffic Engineer The County Community Development Director The City of Vero Beach Planning Director 31 BOOK 7 8F',1r. N 11 - BOOK I ma d The Indian River County Director of Public Works or his representative The City of Vero Beach Director of Public Works or his representative The City of Sebastian City Engineer The Indian River County School Board Supervisor of Transportation The Indian River Shores Town Engineer A technical representative of the City of Felismere 2. Purpose of Committee The purpose of the Transportation Planning Committee shall be to advise the Board of County Commissioners on all matters relevant to short and tong -range transportation• planning in Indian River County including coordination of municipal transportation plans with that of the County for better overall movement of traffic throughout the entire county. 3. Quorum, Chairman, Meeting Dates A quorum for the committee shall be five voting members, and the Chairman of the committee shall be the County Commission member. The committee shall elect a Vice Chairman from among its voting membership. The committee shall meet at the call of the Chairman, but generally on the second Wednesday of each month. 4. Repeal of Prior Resolutions Resolutions Nos. 81-81 and 87-46 are hereby repealed. The foregoing resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Cary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of January , 1990, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By aro nK rt Chaff man 32 LEGISLATIVE DELEGATION COUNTY BOUNDARY The Board reviewed the following memo dated 1/10/90: TO: The Board of County Commissioners FROM:,�L. William G. Collins II - Assistant County Attorney DATE: January 10, 1990 SUBJECT: Legislative Delegation - County Boundary Approximately a year ago, Indian River County and Brevard County officials met to discuss the common boundary between the counties lying in the St. Sebastian River. Problems had been identified such as assessment of islands in the river in both counties to different people. The root of the problem lies in an inconsistency in Florida Statutes defining the county boundary. Florida Statute 7.05 defining the boundary lines of Brevard describes the common boundary in the vicinity of the St. Sebastian River as "the thread" of the St. Sebastian River in three places. Florida Statute 7.31 defining the boundary lines of Indian River County along the St. Sebastian River describes the boundary as "the thread" of the St. Sebastian River in two places, but unlike the description of the Brevard County boundary su.bsi1_tutes the language "the medial line" in one place. All county officials including attorneys, surveyors, property appraisers, etc. have agreed that the intent is to utilize "the thread" as the common boundary. The thread of the river is the midpoint of the deepest channel 1n the river, i.e., that line along which water would flow i_f the river were drained to its lowest point. The term "medial line" as used in the definition ,of the Indian River County boundary (F.S. 7.31) can be interpreted as the midpoint between the two banks of the river. Using this interpretation the county boundary line could bisect certain islands in the river. Such an interpretation of the county boundary would be inconsistent with the definition of the county boundary as set out in defining BreZard County (F.S. 7.05) and be inconsistent with U.S.G.S. maps of the county boundary dating back to the 1950 era. RECOMMENDATION Adopt the attached resolution which endorses a change to General Law of Florida, specifically F.S. 7.31 to -change the reference currently in the state statute from "medial line" to "thread". 33 JAN S-978' � n 7 BOOK 8 r 1 F s CT A N 2- aJGK. �8 F"E 989 MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowman, that the Board adopt Resolution ..90-12, supporting passage of a general law amending Florida Statute 7.31. Under discussion, Commissioner Bowman felt that the Resolution also should include the definition of "thread" at the end of the third Whereas clause. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion to adopt Resolution 90-12 with the addition of the definition of "thread" passed unanimously. 34 RESOLUTION NO. 90-_.t�L— A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING PASSAGE OF A GENERAL LAW AMENDING FLORIDA STATUTE 7.31. WHEREAS, there is an inconsistency in the definition of the common boundary between Indian River and Brevard Counties; and WHEREAS, F.S. 7.31 uses the term "medial Iine" which is subject to confusing and multiple interpretations; and WHEREAS, all similar references in F.S. 7.31 and F.S. 7.05 dealing with a common boundary between Indian River and Brevard Counties utilizes the language "thread", meaning the midpoint of the deepest channel in the river, i.e., that line along which water would flow If the river were drained to Its lowest point; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Legislature of the State of Florida amend Florida Statute 7.31, the legal description of the boundaries of Indian River County, to delete the inconsistent reference to "medial line" and replace it with a reference to "thread", by means of passage of the General Law attached as Exhibit "A" hereto. The foregoing resolution was moved by Commissioner and seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Vice Chairman Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Gary C. Wheeler The Chairman thereupon declared the resolution duly passed and adopted this 15th day of January, 1990. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By C, faro y �E'gg fiaTrman ATTEST: fJartgn CTer-f"c— . v -w•� Wit! �C.et.as.a� 35 JAN i;o' c BOOK JAN I BOOK 78 F-,�u 1� LEGISLATIVE DELEGATION The Board reviewed the following memo dated 1/10/90: TO: Board of County Commissioners FROM: Carolyn K. Eggert Chairman Gh" DATE: January 10, 1990 FILE: SUBJECT: Legislative Delegation REFERENCES: On January 18th I will be going to the Legislative Delegation with our request for a $2.2 million grant for the Health Building, and our resolution to support libraries and other cultural grants. Also thought I would mention that we'd like any roads that are returned to us to be brought up to standard, and we'd like any mandates to have proper funding. What are your suggestions for -items to be mentioned? Chairman Eggert asked if there were any other matters that the Board would like her to take to the Delegation besides the following: 1) Request for the $2.2 million grant for the Health Building; 2) Our resolution in support of libraries and other cultural grants; 3) Request to the DOT that any roads returned to us be brought up to standard specifications; and 4) No State mandates without proper funding. Commissioner Scurlock wished to have the Board authorize Chairman Eggert to indicate on the item that is coming from Lost Tree and Michael Rose that his letter is incorrect and we have 36 not taken an official position as a County Commission in terms of their proposed creation of a special independent district. Chairman Eggert advised that she has been calling the members of the Legislative Delegation about this matter, but the letter that came out to the John's Island property owners did infer approval of both the County and the City. However, since it has not come before us, there is no way this Board could approve or disapprove of it, and we want to make that clear. Commissioner Scurlock emphasized that we want to make it very clear that we do support the use of effluent to increase the water Level in the lagoon. Chairman Eggert understood that this will be a combination of well water and effluent, and advised that she would carry this matter to the Delegation also. Commissioner Wheeler just wanted it reiterated over and over again what we have done and what the League of Florida Counties has done that--#--i-e-s—Ln-wi-t-h- the mandating without funding, which is exactly what the State is doing with the jails,.and Chairman Eggert stated she would include that comment. Commissioners Bowman and Bird didn't have anything else to include. STATUS REPORT ON ECONOMIC OPPORTUNITY COUNCIL AND OVERALL EXTENSION COUNCIL the Board reviewed the following memo dated 1/15/90: 37 JAN i � it�n-JBOOK. �� f,1U s,.r TO: Board of County Commissioners FROM: Sharon P. Brennan - Assistant County Attorney`; DATE: January 15, 1990 SUBJECT: STATUS REPORT ON ECONOM I C Q&V&2T�ntf COUNC I L AND OVERALL EXTENSION COUNCIL At the Board's January 9, 1990 meeting, our office was asked to prepare a status report concerning the following two committees: kyr Economic @e'v'e- uK_ C o u n c 1 I c�/ �%ZCi /KL. This Council was not established by the Board of County Commissioners, rather it is a non-profit corporation which was set up in accordance with requirements of the Department Community Affairs to work as the local liaison for state programs through the Division of Economic Development and also for federal programs through the Economic Opportunity Act of 1964 and the Community Service Act of 1974. The bylaws provide that one-third of the 69 members of the Board of Directors shall be public elected officials currently holding office or their representative, and further provides that if the number of elected officials available and willing to serve is less than one-third of the membership, appointive public officials may be counted in meeting the one-third requirement. Th further provide that if elected public officials are unable or unwilling to serve, the Council's Board shall solicit the appointive public officials to meet the one-third requirement. A status check on January 12th with the Secretary of State revealed that the council has active corporate status and most recently filed a annual report in June 1989. The bylaws of the council provide that there should be an annual meeting of the Board in October of each year and that regular meetings of the Board shall be held during seven other months after public notice of the meeti6g. The Board of County Commissioners involvement with this council apparently began in April 190, when representatives of council requested that the Board should designate thirteen members of the council. At that time, the Board made appointments of various elected officials or of their representative as well as representatives of public agencies. (See attached minutes). The Board of County Commissioners therefore did not create- the Economic Opportunity Council, and its role has apparently been to make appointments of public officials or representatives as a courtesy to the council. This office was asked to prepare a status report on the Economic Opportunity Council of Indian River County, however, because of some name similarity I include the following report for clarification: : Overall Economic Development Plan Committee (OEDP) In July 1984, the Board of County Commissioners appointed 12 members to this committee which was formed for the purpose of preparing an overall economic development plan for the County so that the County could be designated as a redevelopment area under the Public Works and Economic Development Act of 1965, thus qualifying the County for various types of financial assistance available from the Economic Development Agency. According to the minutes of the April 12, 1984 Board meeting, this was to be an Ad -Hoc Committee which would be dissolved within 2 or 3 months. The Extension Overall Advisory Committee The Extension Overall Advisory Committee is a part of the University of Florida's Extension Program with the County and is comprised of 5 appointees from each Commission District as well as 8 representatives from various agricultural industries within the County and representatives of the various Extension Programs. Currently the 8 members which are not appointed by the Board represent agriculture, the Livestock Show 8 Sale Program, Citrus, Agricultural Finance, 4-H, Homemakers, Master Gardeners, as well as at -large members. The council meets twice a year to address extension program issues and needs. Since this Committee is active, the Board will need to formally designate its current representatives, if such action was not taken at the January 9th meeting. SPB/sb Assistant County Attorney Sharon Brennan explained that apparently the Board of County Commissioners began appointing public officials or representatives to the EOC as a courtesy, and the practice has been that each Commissioner has appointed a representative from his district. Commissioner Scurlock wanted to cull that back as he felt an adequate level of participation would be to have one representative from the Board of County Commissioners to serve as our liaison. ON MOTION by Commissioner Scurlock, SECONDED, -.by Commissioner Wheeler, the Board unanimously appointed Commissioner Bowman as the Board's representative on the Economic Opportunity Council. 39 BOOK, r( 6 F�1GE '� N�� _J'J BOOK F!,GE 75 Chairman Eggert advised that the Overall Economic Development Plan Committee is really under Bob Keating, the County's Community Development Director, so we won't worry about that committee. Attorney Brennan advised that the Extension Overall Advisory Committee will be working on an.agricultural center at the Fairgrounds this year, and Chairman Eggert suggested that for the time being th.is committee'be left at one representative from each of the 5 Commission Districts and see how it works. PARKS AND RECREATION COMMITTEE REPORT Commissioner Bird reviewed the following Summary of the Meeting of January 12, 1990, and advised that no action is needed today: PARKS AND RECREATION COMMITTEE SUMMARY January 12, 1990 The following is a summary of the Parks and Recreation Committee meeting held on January 12, 1990: 1) Model Airplane Flyers Use of Fairground Property - Noise Complaint Some of the model airplane flyers have been flying unmufflered planes, and the surrounding residents have complained about the noise. Some of the flyers are trying to form a'club. They would have rules that would have to be followed, and all planes would be required to have mufflers. The Committee recommended that the club get organized and provide proof of insurance. They are to come back to the next committee meeting to discuss a formal agreement with the County to use the facility. Signs will be posted; "No unauthorized flying of unmufflered airplanes." 2) Mini -auto Race Track at Fairground The Committee recommended that a formal agreement be adopted with the auto racing club to use the facility on a 6 month basis for a charge of $100, which would be renewable for another 6 months. 40 3) Request from Environmental Learning Center for FIND Funds The Environmental Learning Center has requested the County to apply for FIND funds for their project. The project will cost $1.5 million to construct, but the Learning Center wants to have another $1.5 million endowment to be sure there will be enough funds to operate the facility.. They have already raised the first $1.5 million. The committee supported the Environmental Learning Center's request for FIND funds. A presentation will be made to the County Commission on January 23. 4) Sunshine Quality Homes Park Parcel The committee endorsed the disposal of the park parcel. SOLID WASTE DISPOSAL DISTRICT MEETING Chairman Eggert announced that immediately upon adjournment, the Board of-County-Comm-s-sioners_would meet sitting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded, and carried, the Board adjourned at 10:10 o'clock A.M. ATTEST; Clerk 41 ha i rman P� ll I L 660 BOOK Y 8 Frei