HomeMy WebLinkAbout1/16/19906
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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.
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JAN 16 1990 BOOK rF4ct 3
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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.
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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
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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
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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
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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