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HomeMy WebLinkAbout4/17/1990BOAR E:) ACT 1 ON 1 MPLEMENTAT 1 ON BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING APRIL 17, 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. CALL TO ORDER 2. INVOCATION - Pastor Peter Hill First Baptist Church 3. PLEDGE OF ALLEGIANCE - Chairman Carolyn K. Eggert 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. Courthouse status report added as 9-B. 2. Discussion on Marine Resources Council as 12-B. 3. Authorization to record paving and drainage lien(Oslo_R,ark.l 4. Discussion regarding County's manatee plan. 5. Deletion: Item 1'0-C -(Tele. Comm.- Admin. Bldg. to Courthouse 5. APPROVAL OF MINUTES continued below A. Approval of Minutes of Regular Approved as amended. Meeting of 3/6/90 Approved. B. Approval of Minutes of Regular Meeting of 3/13/90 6. CONSENT AGENDA A. Proclamation Designating Approved. April 25-29 as Christian Music Week in IRC Approved. B. Proclamation Designating Month of April as Child Abuse Prevention Month Approved. C. Proclamation. Designating April 28 as No Hitters Day Approved. D . Out -of -county Travel for Liz Forlani to Attend Florida Women in Government Conference in Cocoa Beach June 19-23 (Memorandum dated 4/17/90) Approved. E. Request for Site Plan Extension for Paul E. Koehler on Behalf of Medical Services Center Partnership (Memorandum dated 3/27/90) BOOR�3;- r.11� : F.. Additions continued: APR 17 990 6. �i�A.Ceo uEssru,e ae�chanteoofof GDU in Vero Highlands and Seb. 7. g� p. g property with. County. AFRI? 1990 BOOK� PNUF �,� 6. CONSENT AGENDA - CONTINUED F. Request for Site Plan Extension Approved. for Joseph F. Glenn on Behalf of Christian Senior Housing Foundation, Inc. (Memorandum dated 3/29/90) G. Release of Easement; A. C. Res. 90-46 Betette, Lots 1, 2, 3, 4 & 29 (as one) Block B, Pine Lake Estates Unit #1 (Memoranduin dated 3/28/90) Res. 90-47 H. Release of Easement; Marie Simmons Lot 22, Block H, Stevens Park Sub- division, Unit #2 (Memorandum dated 3/28/90) Approved with explanation that bid from Huston Office Supply does I. IRC Bid 490-60, Furnish & Install not meet all specifications but it is still the best bid. Workstations (Memorandum dated 4/9/90) Approved. J. Release of County Utility Liens (Memorandum dated 4/11/90) _ 7. CLERK TO THE BOARD None 9:05 AM 8. A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None Auth. staff to close 9 . COUNTY ADMINISTRATOR'S MATTERS on Nyquisbefore property on A. CIBA Geigy Exchange of 40 acres for properties under Count tion or before 4/25 and continue gY o�g P P Y option 'negotiation w/CIBA Geigy on W9W west of Kings Highway the exchange - approved letter from CIBA - 4/16/90. B. Judicial Complex status report 'ACTION: Presentation of Master Plan 5/23/90 10. DEPARTMENTAL MATTERS at 7:00 p.m. A. COMM -UNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES Telephone Communications Tabled one week. dminis�tration Bldg. to Courthouse (Tables from 4/10/90 Meeting) (Memorandum dated 3/28/90) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None 10. DEPARTMENTAL MATTERS - CONTINUED F. PERSONNEL None G. PUBLIC WORKS 1) Professional Surveying Services for Revisions to Old Dixie Hwy. Approved. Maintenance Map near Oslo Road (Memorandum dated 4/4/90) Approved. 2) Geotechnical (soils) Consultant mor Oslo Road Improvements (Memorandum dated 4/9/90) 3) Request from Friends of the Approved. Sebastian River to Hold a "Sebastian River Day" at Dale Wimbrow Park on Sunday, April 22, 1990 (Memorandum dated 4/9/90) Approved. 4) Amendment #1 to Professional Engineering Services Agreement SR-AlA at CR -510 Intersection Improvements (Memorandum dated 3/13/90) Approved. 11. Auth. lien - Tax Deed Sale next week. 12. Roland DeBloise to attend Sebastian Watershed Comm. meeting. Roland De Bloise & Mark Crosley to attend. Planning staff & Comm. Bird to prepare graphics and rec. for P.H. on 5/8/90. H. UTILITIES North County Sewer Project (Memorandum dated 4/10/90) COUNTY ATTORNEY A. Paving & drainage lien on lots 7,8,& 13 to 16, inclusive - )F$JW% Block H Oslo - Earl McGriff COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT l.Request for Establishment of Special Water Conservation Committee (Memorandum dated 4/3/90) 2. Marine Resources Council - rep. from our County to Beaches & Barrier Islands Am. Assembly, Melbourne, on April 20, 1990 VICE CHAIRMAN RICHARD N. BIRD Disc. Re: Our Manatee Protection Plan C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIOI:ER DON C. SCURLOCK, JR. Util. Dir. to write letter in support of bill, with bill not to 1. Discussion of House Bill 3247 include anything that is not in bill now. 2. Pursue acquisition of GDU (Seb. & Vero Highlands) Auth. Adm., Util. Dir. & E. COMMISSIONER GARY C. WHEELER Comm. Scurlock to pursue negotiations. 13. SPECIAL DISTRICTS None 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. APR I? ���® �00� ,.N I FACE ° Tuesday, April 17, 1990 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, April 17, 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; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Pastor Peter Hill of First Baptist Church gave the invocation, and Chairman Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition of the following four items: 1. As an emergency, IRC's exchange of properties with Ciba- Geigy Corp. 2. Courthouse status report. 3. A request from the Marine Resources Council. 4. As an emergency item, authorization to record paving and drainage lien on Lots 7, 8, 13-16, Block H, Oslo Park Subdivision, McGriff. Chairman Eggert announced the postponement for one week of Item 10-C -- Telephone Communications from Adm. Bldg./ Courthouse. Commissioner Bird requested the addition of a discussion re the State's response to IRC's Manatee Protection Plan. Commissioner Scurlock requested the addition of a request for authorization to begin aggressive dialogue with General Development Utilities on the acquisition of their utility systems in both Vero Beach and Sebastian. BOOK APR 17 r AM 1? 1990 l r fBOOK ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously added and postponed the above items. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 6, 1990. Commissioner Wheeler noted an error on Page 38, where it says, "Chief Deputy Larry Tippins advised that most of these holdups occur in the 11:00-1:00 p.m. hours". The hours should read: 1111:00 p.m. -1:00 a.m." ON MOTION by.Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 3/6/90, as corrected. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 13, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of 3/13/90, as written. CONSENT AGENDA Commissioner Scurlock requested that Item I be removed from the Consent Agenda for discussion. 2 177 I A. Proclamation - Christian Music Week in IRC PROCLAMATION DESIGNATING APRIL 25-29, 1990 AS CHRISTIAN MUSIC WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, WSCF-FM is the only local Christian broadcasting station; and WHEREAS, WSCF-FM began broadcasting Christian Music on February 1, 1990; and WHEREAS, WSCF-FM gives young and old alike a good alternative to other stations in the area; and WHEREAS, the Christian station gives a positive uplifting message, spreading hope throughout the community, and hopes to combat the drug problem in this area; and WHEREAS, WSCF-FM provides a place where people can call and receive counseling; and WHEREAS, contemporary Christian Music promotes family unity and awareness of needs in the community; and WHEREAS, during the four nights of Christian Music concerts, canned foods will be collected to be distributed among local food banks: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of April 25-29, 1990 be designated as CHRISTIAN MUSIC WEEK in Indian River County, and the Board -further urges the citizens of this county to support and encourage this worthwhile endeavor. Adopted this 17th day of April, 1990 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn Ulf Eggert: airman APR 117 19 9 3 BOOK APR I T1990 BOOK 79 PAGE SES B. Proclamation - Child Abuse Prevention Month PROCLAMATION DESIGNATING MONTH OF APRIL, 1990 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 2 million of our nation's children annually, affecting 508 of the children locally and 3,033 children in the district; and WHEREAS, this societal malignancy called child abuse and neglect respects no racial, religious, class or geographic boundaries, and, in fact, has reached epidemic proportions in nearly all regions of our nation; and WHEREAS, the Exchange Club Center for the Prevention of Child Abuse of the Treasure Coast, Inc., through its volunteers, parenting classes and education programs is making significant progress in stopping this crime against our nation and community's children and families: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of April, 1990 be observed as CHILD ABUSE PREVENTION MONTH in Indian River County, and the Board urges all citizens to use this time to better understand, recognize, and respond to this grievous problem; and the Board further congratulates the 11 Exchange Clubs and Exchange Club Center of the Treasure Coast on this 10th Anniversary of their National Exchange Club Foundation for the Prevention of Child Abuse and wishes them continued success in helping families break free from the cycle of child abuse. Adopted this 17th day of April, 1990 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn., K. Eggert; hairman 4 C. Proclamation - April 28 as No Hitters Day PROCLAMATION DESIGNATING APRIL 28, 1990 AS NO HITTERS DAY IN INDIAN RIVER COUNTY WHEREAS, violence breeds violence; and WHEREAS, the disease of violence affects our county physically, emotionally, mentally and economically, and impairs the betterment of our community; and WHEREAS, every individual use of violence within our community affects and victimizes each and every citizen in our county; and WHEREAS, the quality of life in society and in the citizens of this county depends on the promotion of peaceful conflict resolutions: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 28, 1990 be observed as NO HITTERS DAY in Indian River County, and the Board further urges the citizens of this county to seek and utilize peaceful ways as an alternative to violence, and to participate in those various programs designed to promote peaceful conflict resolutions. Adopted this 17th day of April, 1990 APR 17 1990 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn Eggert, airman 5 BOOK APRT 71990- BOOK �0� A -� , i Pr��L i.i D. Authorization for Out -of -County Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved out -of -county travel for Admin. Asst. Liz Forlani to attend Florida Women in Government Conference in Cocoa Beach, June 19-23. E. Site Plan Extension - Medical Services Center Partnership - Paul E. Koehler The Board reviewed the following memo dated 3/27/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: 4;Q4�& P- -07- Ro ert. Keati , Community Developme Director THROUGH: Stan Boling;-AICP Chief, Current Development(� FROM: Christopher D. Rison CP Staff Planner, Current Development DATE: March 27, 1990 SUBJECT: REQUEST FOR SITE PLAN.EXTENSION FOR PAUL E. KOEHLER ON BEHALF OF MEDICAL SERVICES CENTER PARTNERSHIP SP -MA -88-08-69 PROFESSIONAL AND MEDICAL OFFICE BUILDING It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 17, 1990. DESCRIPTION AND CONDITIONS: On June 22, 1989, the Planning and Zoning Commission approved a major site plan application submitted by C.E. Block on behalf of Medical Services Center Partnership. Approval was given to construct a 25,780 sq. ft. professional and medical office build- ing at 900 37th Street. Mr. Paul E. Koehler, on behalf of Medical Services Center Partner- ship, has requested that a site plan extension be granted. Due to partnership commitments in other areas, Medical Services Center Partnership has been unable to commence construction of the approved site plan. Furthermore, Medical Services Center Partner- ship is of the opinion that the current site plan approval ex- piration date will pass before construction can commence. If no construction has begun by June 22, 1990, the site plan approval will lapse unless otherwise extended by the Board of County Commissioners. 6 Some regulations have changed, since the time of site plan ap- proval, that would slightly affect the project's design if it were reviewed as a new application today. The members of the Technical Review Committee (TRC), except for the representatives of the Public Works Department,concur that the changes that have occurred are not significant enough to require any site plan revisions. Public Works�however�would require two additional changes: 1. a public pedestrian access easement shall be established and labeled to include the sidewalk along the proper- ty's 37th Street frontage; 2. the driveway and parking area subgrade stabilization must be noted as minimum F.B.V. 50 p.s.i. If these two conditions are met, all members of the TRC agree that site plan extension should be granted. Pursuant to the provisions of Section 23.1•(G)(2), Appendix A of the Zoning Code, Medical Services Center Partnership is requesting a full 1 year extension of the approved site plan. Pursuant to section 23.1(g)(2), the Board can attach any conditions to the approval extension request that it deems necessary. In staff's opinion, with the two minor conditions cited, the subject site plan application would substantially conform to current require- ments RECOMMENDATION: Staff recommends approval of Mr. Koehler's request for a one year extension of the approved site plan subject to the following conditions: 1. A public pedestrian access easement shall be established and labeled to include the sidewalk along the property's 37th Street frontage. 2. The driveway subgrade stabilization must be noted as 50 p.s.i. The new site plan expiration date, subject to all previous con- ditions as well as the two additional conditions; will be June 21, 1991. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously granted a one-year extension of the approved site plan subject to the conditions as set out in staff's recommendation above, with a new expiration date of June 21, 1991. [� pr�K VJ r',�..G;. �� � �a APR. 1? 1990 BOOK l9 PAGE, F. Site Plan Extension - Christian Senior Housing Foundation, Inc. - Joseph F. Glenn The Board reviewed the following memo dated 3/29/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert Keatin , A Community Developme Director THROUGH: Stan Boling, AICP Chief, Current Development /\ /1 FROM: Christopher D. Rison (l 1���11 Staff Planner, Current Development DATE: March 29, 1990 SUBJECT: REQUEST FOR SITE PLAN EXTENSION FOR JOSEPH F. GLENN ON BEHALF OF CHRISTIAN SENIOR HOUSING FOUNDATION, INC. SP -MA -88-05-41 ORANGE BLOSSOM VILLAGE (ELDERLY LIVING FACILITY) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular "i meeting of April 17, 1990. DESCRIPTION AND CONDITIONS: On March 23, 1989, the Planning and Zoning Commission approved a major site plan application, submitted by Masteller and Moler, Inc. on behalf of the Christian Senior Housing Foundation Inc., to construct an 80 unit elderly housing facility ("residential center") to be located at 1250 30th Street. The Board of County Commissioners granted special exception and conceptual plan approval for the project. Due to funding delays caused by processing procedures when using federal funding, the Christian Senior Housing Foundation, Inc., has been unable to commence construction of the approved site plan. Pursuant to Section 23.1(G)(2) of the Indian River County Zoning Code, Christian Senior Housing Foundation, Inc. submitted a request for site plan extension prior to the expiration date of the approved site plan. As provided for, the Board of County Commissioners may act upon this request. Some regulations have changed, since the time of site plan ap- proval, that would affect the project's design if it were reviewed as a new application today. However, members of the Technical Review Committee concur that the changes that have occurred are not significant enough to require any site plan revisions. They agree that site plan extension without further conditions may be granted. : Pursuant to the provisions of Section 23.1(G)(2), Appendix A of the Zoning Code, Christian Senior Housing Foundation, Inc. is requesting a full 1 year extension of the approved site plan. Pursuant to Section 23.1(G)(2), the Board can attach any con- ditions to the approval extension request that it deems necessary. In staff's opinion, the subject site plan would substantially conform to current regulations. RECOMMENDATION: Staff recommends approval of Mr. Glenn's request for a one year extension of the approved site plan; the new expiration date to be March 23, 1991. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously granted a one-year extension of the approved site plan, as recommended by staff, with a new expiration date of March 23, 1991. G. Release of Easement - Lots 11, 2, 3, 4, and 29, Block B, Pine Lake Estates Unit No. 1 The Board reviewed the following memo dated 3/28/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: I Qg, o e r t K�i , AWV Community Devel men irector THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning FROM: Charles W. HeathC.W.t4. Code Enforcement Officer DATE: March 28, 1990 J SUBJECT: RELEASE OF EASEMENT REQUEST BY: A.C. Betette P.O. Box 593830 Orlando, Florida 32859 RE: LOTS 1, 2, 3, 4, & 29 (As one), Block B, Pine Lake Estates Unit No. 1, as an unrecorded Plat, as recorded for reference in Official Records Book 123, Page 141, of the Public Records of Indian River County, Florida. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 17, 1990. APR! 7 1990 nox 79 PAGE 8 DESCRIPTION AND CONDITIONS: The County has been petitioned by A.C. Betette, owner of the subject property, for the release of the ten (10) foot utility and drainage easements of Lots 1, 2, 3, 4, & 29, Block B, Pine Lake Estates Subdivision Unit No. 1, being the southernly ten (10) feet of Lot 1, 2, 3, the westerly ten (10) feet of Lot 4, and the easterly ten (10) feet of Lot 29, Block B, Pine Lake Estates Subdivision Unit No. 1, Section 21, Township 31 South Range 38 East, Indian River County, Florida according to the unrecorded plat filed in Official Records Book 123, Page 141, for reference in the Public Records of Indian River County, Florida. It is the petitioner's intention to consolidate the five (5) lots into one buildable parcel. The current zoning classification of the subject property is RS -1, Single -Family Residential' District; however the property is located within the I-95/C.R.-512 Commercial Node. ALTERNATIVES AND ANALYSIS: This request has been reviewed by the Southern Bell Telephone Company, Florida Power and Light Company, Falcon Cable Corpo- ration, Indian River County Utility Department, Engineering Division, and Road & Bridge Division. Based upon their reviews, the only stipulation would be that the petitioner grant a ten (10) foot utility and drainage easement to the County at the rear (southerly) portion of the subject property (see attached easement dessign), prior to the County's release of easement. RECOMMENDATION: Staff recommends to the Board through the adoption of a resolu- tion, the release of the southerly ten (10) foot utility and drainage easements of Lots 1, 2, 3, and the westerly ten (10)..foot easement of Lot 4, and the easterly ten (10) foot utility and drainage easements, Block B, Pine Lake Estates Unit No. 1, and unrecorded plat, being filed in Official Record Book 123, Page 141, for reference, of the Public Records of Indian River County, Florida, with the condition that prior to recording the easement a ten (10) foot drainange and utility easement be recorded on the southerly portion of the sub;ect property. _ ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation as set out in the above memo, and adopted Resolution 90-46, abandoning certain easements in Pine Lake Estates. 10 RESOLUTION NO. _90-46 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN Section 21, Town- ship 31 South, Range 38 East. WHEREAS, Indian River County may have easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960 Grantor, to A.C. Betette, their successors in interest, heirs and assigns, whose mailing address is Post Office Box 593830, Orlando, Florida 32859 Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: Scurlock SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commissioner . seconded by CommissionerN Wheeler , and adopted on the _ 17th day of April , 1990 by the following vote: Commissioner Eggert _ Aye Commissioner Wheeler Aye Commissioner Bird ye Commissioner Bowman _ 'Aye Commissioner Scurlock _ ye The Chairman thereupon declared the resolution duly passed and adopted this 17th , day of A ril ! 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By A ` Caro n Egger Cha rman Attest BY —Ba to BOOK APR 171990 L J STATE OF FLORIDA ) BOOK COUNTY OF INDIAN RIVER ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid, to take ac- knowledgments, personally appeared Carolyn Eggert, and Jeffrey K. Barton, well known to me to be the Chairman of the Board of County Commissioners and Clerk, respectively, of Indian River County, a political subdivision of the State of Florida, and they acknowl- edge executing the same. WITNESS my hand and official seal in the County and State last aforesaid this _�5M day of _;P , 1990. My Commission Expires: nNiNu L MMIWA E —51 RESOLUTION NO. 90-46 EXHIBIT "A" AV,/ i►i: { ,. a to MMgr. Datvdd/G- C_ �—� The following described property in Section 21, Township 31 South, Range 38 East, Indian River County, Florida; From the intersection of the South right-of-way of Fellsmere Road (State Road 512) and the West right of way of 104th Court as present monumented; run S 00 16103" E along said west right of way of 104th Court a distance of 170.0 feet; thence run N 89056154 W a distance of 260.0 feet to the East right of way of 105th Avenue; thence run N 0016.01" W along said East right of way of 105th Avenue a distance of 170.0 feet to the South right of way line of Fellsmere Road (State Road 512); thence run East along said right of way a distance of 260.0 feet to the Point of Begin- ning. A/K/A Lot 1, 2, 3, 4 and 29 Block B, Pine Lake Estates, Unit 1, an unrecorded Plat, a copy of which said unrecorded Plat is recorded for reference in Official Records Book 123, Page 141, Public Records of Indian River County, Florida. 11a _ M H. Release of Easement - Lot 22, Block H, Stevens Park Subdivision Unit #2 The Board reviewed the following memo dated 3/28/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: o ert . Keating, IC Community Develop ent 97irector THROUGH: Roland M. DeBloiss,, AICP Chief, Environmental Planning FROM: Charles W. Heath Code Enforcement Officer DATE: March 28, 1990 SUBJECT: RELEASE OF EASEMENT REQUEST BY: Marie Simmons Lot 22, Block H, Stevens Park Subdivision Unit #2 It is hereby requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 17, 1990. DESCRIPTION AND CONDITIONS: The County has been petitioned by Marie Simmons, owner of the subject property, for the release of a two (2) foot"portion of the platted ten (10) foot utility and drainage easement of Lot 22, Block H, Stevens Park Subdivision Unit No. 2, being the westerly two (2) feet of the easterly ten (10) feet of Lot 22, Block H, Stevens Park Subdivision Unit No. 2, Section 16, Township 33 East, Range 39 South, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 4, Page 54, of the Public Records of Indian River County, Florida. It is the petitioner's intention to construct a single-family residence on the subject property, and to not encroach into the platted side lot utility and drainage easement with the roof eave overhang. The current zoning classification is RS -6, Single -Family Residen- tial District. The Land Use Designation is L-2, Low -Density Residential, up to six units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by the Southern Bell Telephone company, Florida Power and Light Company, Florida Cablevision Corporation, and the Indian River County Utilities Department, Engineering Division, and Road & Bridge Division. None of the utility providers opposed the requested easement release; however the Engineering Division has stipulated that a fifteen (15) inch drainage culvert be installed in the easterly drainage and utility easement to maintain sufficient stormwater channeling in the subdivision. BOOK if FAuE 0�. ► APR 17 1990 12 r APR. 117 1990 BOOK PAGE 896 RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolu- tion, the release of the westerly two (2) feet of the easterly ten (10) foot utility and drainage easement of Lot 22, Block H, Stevens Park Subdivision Unit No. 2, according to the plat there- of, as recorded in Plat Book 4, Page 54, of the Public Records of Indian River County, Florida, with the condition that a fifteen (15) inch culvert be installed prior to recording of the easement. below, and ON MOTION by Commissioner Scurlock, SECONDED by Commissioner.Wheeler, the Board unanimously approved staff's recommendation as set out in the above memo, and adopted Resolution 90-47, abandoning certain easements in the Stevens Park Subdivision Unit No. 2, Lot 22, Block H. RESOLUTION NO. 90-47 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE Stevens Park Subdivision Unit No. 2, Lot 22, Block H, according to the plat thereof as recorded in Plat Book 4, Page 54 of the Public Records of Indian River County, Florida. WHEREAS, Indian River County has easements as described WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the. State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 13 32960 Grantor, to Marie Simmons, her successors in interest, her and assigns, whose mailing address is Post Office Box 185, Vero, Beach Florida 32961 Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: A two (2) foot portion of the ten (10) foot utility and drainage easement of Lot 22, Block H, Stevens Park Subdivision Unit No. 2, being the westerly two (2) feet of the easterly ten (10) feet of Lot 22, Block H, Stevens Park Subdivision Unit No. 2, according to the plat thereof as recorded in Plat Book 4, Page 54, of the Public Records of Indian River County, Florida THIS RESOLUTION was moved for adoption by Commissioner Scurlock seconded by Commissioner Wheeler and adopted on the _ 17th day of Aril 1990 by the following vote: Commissioner Eggert _ Aye _ Commissioner Wheeler —r—Aye Commissioner Bird _wAye _ Commissioner Bowman Aye Commissioner Scurlock ~Aye The Chairman thereupon declared the resolution duly passed and adopted this _17th—, day of _April , 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By4.) ' ---- —(�niair n,M'Garol Eggert Attest BY _ — _ _ r y Bart n STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) APR -171990 14 APR 17 1990 BOG!(PtaU 9�g I. IRC BID #90-60 - FURNISH & INSTALL WORKSTATIONS IN BUILDING DEPT The Board reviewed the following memo dated 4/9/90: DATE: April 9, 1990 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Se IrimA FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID #90-60/Furnish & Install Workstations BACKGROUND: On request from the Building Department the bid for Furnish and Install Workstations was properly advertised and Ten (10) Invitations to bid were sent out. On March 28, 1990 bids were received. Five (5) vendors submitted proposals for the ccnmx)dity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Blind Squirrel DBA/Houstons was the low bidder that met all requirements. FUNDING: Monies for this project will come from Building Department Funds Office Furniture and Equipment, which has a budget of $25,200.00. Staff recommends the Award of a Fixed Contract for $25,000.00 to the low bidder, Blind Squirrel DBA/Houstons for the subject project. Commissioner Scurlock wished to clarify for the record that although Blind Squirrel d/b/a Hustons Office Supplies does not meet all specifications, staff is recommending award of this bid because the bid items listed as A. B. and C. are not sufficient enough to disqualify the bid and there is a savings of approximately $1,400. Commissioner Bird noted that the correct spelling of the name of the low bidder is Blind Squirrel d/b/a Hustons, not "Houstons". 15 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the award of IRC Bid 90-60 to Blind Squirrel d/b/a Hustons Office Supplies. BOAIQDOFCOUNTY COMMISSIONERS Date -3129/90 ia�o 2M S0814 Ve B912CL Fto•=d =60 . PURCHASING DEPT BID TABULATION �V .�P Submitted By Dw*dck L Mascola a- T.Ift i a&two PURCHASING MANAGER } Bid ' Nm 90-80 Date Of Opening 3/28/90 * Recommended Award FLORIDA . - Bid "10 Fu=dsh 6 Install Workatatian 1. Blind Squirrel, Inc $25,000.00 4. Milan & Griffith $33,989,00 DBA/Huston's Office Supplies 1600 Old Okeechobee Rd 234 West Osceola Si Hest Palm Beach, P1 33409 4 ' S. International Group Marketig S24,452.75 2. American Business Interiors S26,486.54 33M Ikustrial 25th'St Non resoonse b resoonsibl ana = excepcOus to 2015 S Waverly Place Pt Pierce, P1 34946 Specification Melbourne, F1 32901 3. Morse's of Vero $26,671.12 P.O. Box 666 i Vero Beach. Flarida 32961 J. Release of County Utility Liens The Board reviewed the following memo dated 4/11/90: TO: Board of County Commissioners FROM: Sandy Bartolucci - County Attorney's Office DATE! April 11, 1990 SUBJECT: CONSENT AGENDA - BCC MEETING 4/18/90 RELEASE COUNTY UTILITY LIENS 1 have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them: Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #12-33-39-00003-0012-00007.0 In _the name of ALFRED WIMMER and ROSINA WIMMER 16 Boos APR 17 1990 F�,a� Jul APR 171990 BOOK A PAGE Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #12-33-39-00003-0011-00015.0 in the name of ALFRED WIMMER and ROSINA WIMMER Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #12-33-39-00001-0001-00016.0 in the name of CHAD JON WATERS and MARCINA WATERS Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #12-33-39-00001-0001-00015.0 in the name of ELIZABETH YAGOJINSKI Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #12-33-39-00004-0018-00004.0 in the name of ANTHONY DI COSA and MARY DI COSA Back-up information for the above documents is on file 1n the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of the above listed lien -related documents. RELEASES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 17 COUNTY'S EXCHANGE OF PROPERTIES WITH_CIBA-GEIGY CORPORATION (KIWANIS-HOBART PARK) The Board reviewed the following memo dated 4/16/90: TO: oar o oun y ommissioners DATE: AprilFILE: SUBJECT: James E. Chandler FRO -County Administrator REFERENCES: The CIBA Geigy Corporation has approved an exchange of their 40 acres on the east side of Kings Highway for the properties under County option west of`,the highway. As you are aware, the intent of the exchange is to square off the Hobart Park area for future open space needs. The option price for the approximate 37.18 acres is $546,000 or $14,685 per acre. The County appraisal reflected a value of $14,000 per acre. Funding for the acquisition would be MSTU cash forward. As provided in the option agreement, closing must be on or before April 25, 1990. It is recommended that the Commission authorize closing on the properties covered by the option agreement and approve the exchange with CIBA Geigy. JEC/mg xc: Charles Vitunac Joe Baird APPROVED AGENDA ITEM FOR q-1-7 —W BY fes_ BOOK 19 F�!Gc APR 17 1990 17 a APR 17 1990 Boor 79 PnEWX Commissioner Bird explained that we have been working for 3-4 years to acquire a 40 -acre piece of property owned by CIBA- GEIGY that fronts on Kings Highway and is next to Kiwanis Hobart Park. When he first asked CIBA-GEIGY to consider donating that piece of property, they indicated they might be interested in making some kind of a land swap if we had anything to trade with them. They showed the most interest in property to the west of Kings Highway, just north of their agricultural experimental operation, that would allow them to expand that operation. So, he started looking at available property in that area and found out that Mr. Anders Nyquist owned 3 parcels of land to the north of the CIBA-GEIGY property and was negotiating on an additional piece that adjoined one that he already owned. Mr. Nyquist indicated that he would be willing to sell those parcels to the County so that we might trade them to CIBA-GEIGY for their 40 acres, and CIBA-GEIGY indicated that they would be interested in our trading them those parcels for the 40 acres. However, they were interested in seeing if they could also purchase some additional property contiguous to those parcels so that they wouldn't end up with 3 separate parcels of land in that area. Those negotiations have taken a long time, but have finally been resolved. CIBA-GEIGY has entered into a contract to purchase the additional properties around Mr. Nyquist's property, and a couple of months ago, after appraisals were completed, the County entered into an option agreement with Mr. Nyquist to purchase his property as part of the exchange. Being a large international corporation, CIBA-GEIGY has been somewhat slow in getting all of their decisions made at corporate level as to approving the exchange and buying the additional parcels, but that has now occurred. In the meantime, Mr. Nyquist has been very cooperative with the County in staying with his original price and agreeing to give us an extension on our options to allow all of this to take place in a timely manner. Yesterday we 18 received a letter from CIBA-GEIGY indicating that they would be willing to trade a portion of the 40 acres for the parcels to the north and to then donate the remainder of the 40 acres to the County as an outright donation. Commissioner Bird viewed this as a tremendous benefit to the County and a win-win situation for the County. We have appraisals on the parcels we are buying from Mr. Nyquist that are in the $14,000 an acre range, and CIBA-GEIGY has appraisals on their property in the $25,000 an acre range. Mr. Nyquist is agreeable and is in the audience today. Administrator Chandler explained that our option agreements on these properties expire on April 25, 1990, which is the reason for adding it to today's Agenda as an emergency item. We have funding available in the M.S.T.U. The total price is $546,000. Our appraisal on these properties is $14,000 an acre. The actual cost for 37.1 acres is $14,685 per acre. We think it is a very favorable proposition for the County and recommend that the Commission authorize staff to proceed with the closing on these properties on or before next Wednesday and then to proceed with an approved agreement from CIBA-GEIGY. The County Attorney has reviewed the letter that was FAX'd to us yesterday and indicated that it is a binding commitment to the extent that it protects us in going ahead with the closing on these properties and the closing on the CIBA-GEIGY property sometime towards the end of May. Commissioner Scurlock felt that before taking any action today, we need to clearly establish the emergency nature of spending $546,000. Commissioner Bird was authorized by the Commission to negotiate and try to acquire that parcel, and he has been diligently pursuing that for over 3 years. The emergency nature is the fact that we have less than one week to make that decision and a commitment in order to acquire this property. So, it is truly an emergency, although it is not something that is totally new. APR 17' 1990 19 �oo� ` 9 Pa E L_ -- BOOK 79 F'A.rE 906 Commissioner Scurlock asked if Administrator Chandler felt comfortable in allocating the monies that are in the cash carry forward, which is basically a contingency or reserve fund, and Administrator Chandler stated he was and believed we have a total of $1.5 million or $1.6 million in cash forward. Commissioner Scurlock assumed, if it were deemed the right thing to do with utilities and the acquisition of land for the water treatment site, that there still would be an ability to possibly generate some dollars in a swap, if in fact, everything goes well. Administrator Chandler felt that there would if everything falls into place in terms of the sites with regard to whether the north is usable, and, more importantly, whether we can get approval for a release on that property to use for utility purposes since it is now just to be used for open space and park purposes. The release is going to be one of the keys on that part of it, but this keeps it open and alive. Commissioner Scurlock pointed out that $14,000 for 10 acres would amount to $146,000, which would certainly help since we are still trying to build another 9 or 18 holes at Sandridge Golf Course. So, based on all of that, he felt it would be appropriate for Commissioner Bird to make the Motion since he has worked so hard on this. Commissioner Bird thanked Mr..Nyquist for his cooperation in holding to his original offer and extending the options during this long delay in negotiations with the CIBA-GEIGY Corporation. Attorney Vitunac advised that the Motion should include the approval of the letter of agreement dated April 16, 1990, that was FAX'd to us yesterday, and contains the following six conditions: 20 WR 16 "30 16:18 Lv LEGHL DEPT 914 478 3131 X2199 CIBA-GEIGY Corporation Ardsley, New York 10502-2699 Telephone 914 478 3131 April 16, 1990 Mr. Jim Chandler County Administrator Indian River county 1890 25th Street Vera Beach, FL 32960 Dear Mr. Chandlers P.6 CIBA-GEIGY DRAFT This will serve to advise you of Ciba-Geigy Corporations (seller) intent to enter into an exchange of properties with Indian River Co., Florida (buyer) essentially under the provisions of Florida Bar and the Florida Association of Realtors, Inc. form contract for sale and purchase (FAR/BAR-002-876) 1/88 and in accordance with the following: 1. Seller will exchange approximately twenty one (21) acres of the land described in Exhibit A attached hereto and valued at $25,000 per acre for approximately thirty eight (38) acres of land owned or controlled by A. Nyquist as more fully described in Exhibit B attached hereto to be acquired by Buyer at a value of $14,000 per acre. Said exchange will be accomplished in accordance with provisions of Section 1031 of the Internal Revenue Service tax code. 2. At the same time, Seller will donate to the Buyer the balance of the forty (40) acre property (approximately 19 acres) as described in Exhibit A and valued at $25,000 per acre. 3. All costs incident to closing the exchange and donation transactions will be borne by the Buyer. h. The Buyer agrees to maintain a protective buffer of trees of at minimum one hundred (100) feet width along the King's Highway frontage and use the property described in Exhibit B only for recreational purposes. 5. Seller shall be given a right of first refusal to re -acquire the property should Buyer ever wish to sell. 6. A closing will occur on or before May 31, 1990. If the above property reflects your understanding, please sign and return a copy of this letter to me. Thereafter I will have prepared a formal contract for execution by both parties. Very truly yours, Richard B. Este Director Real !Ttate Services � I 21 BOOK �I PAGE '0 APR 171990 ftb p t BOOK 79 9 f'A6E O �' Commissioner Bird didn't see those conditions as being a problem. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to proceed with the closing on the Nyquist parcels on or before April 25, 1990, and to continue with negotiations with CIBA-GEIGY on the exchange; approved the letter of agreement from CIBA-GEIGY dated 4/16/90 setting out the 6 conditions; and approved Budget Amendment #058 in the amount of $546,000. AMENDMENTS TO NYQUIST CONTRACT AND CIBA-GEIGY LETTER OF INTENT ARE ON FILE IN THE OFF.ICE OF THE CLERK TO THE BOARD TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Directo I SUBJECT: BUDGET AMENDMENT NUMBER: 058 DATE: April 16, 1990 COURTHOUSE STATUS REPORT AND SCHEDULING OF EVENING MEETING TO REVIEW MASTER PLAN Administrator Chandler advised that the consultants are finalizing the master plan on the Courthouse and staff would like to schedule a presentation of that to the Commission at the May 22nd meeting. There has been some delay after the First Baptist 22 Church indicated they would be willing to sell the church property contingent upon approval of the congregation as a whole. If the congregation approves it, we would want our consultants to take a conceptual look at that property under the master plan to see if it would be a viable option . It is our understanding that the congregation will be voting on the matter next week, and with that kind of a timeframe, the May 22nd date would give the consultants enough time to look at the church property, get the master plan back and distributed so that all interested parties have an opportunity to look at the final product well in advance of the actual presentation. Chairman Eggert felt the County Administrator should be having discussions with the City of Vero Beach since the church property is not by and large in the downtown redevelopment area. She didn't know what the attitude of the current City Council would be on that property. Administrator Chandler explained that there have been some preliminary discussions with the city staff on that piece of property, but we were reluctant to incur any consultant's costs until we found out whether the church is willing to sell the property. Commissioner Scurlock didn't want the master plan held up because of the church property, because quite frankly, he wasn't very optimistic about that possibility in that many of the members were baptized there and the Press Journal just having run an article on the church being there for 75 years and designating areas as historical. If the congregation is willing to sell that property, he felt we need to research all title or deed restrictions on that particular property since that property, as well as St. Helen's, was conveyed over to those churches years ago from a public entity. There may be a deed restriction somewhere along the line that says if it ceases to be used for church purposes, it reverts back. Commissioner Scurlock believed 2 3 BOOK f'AGE� APR 17, 1990 rAPR 11 " 1990 BOOKB PAGE J that came from the farm drainage districts, and he would hate for us to get all the way through this and find there is a title restriction on the property. Chairman Eggert agreed that we should look at everything. Administrator Chandler asked if the Commission concurred with the May 22nd date, but Commissioner Scurlock preferred to hold the meeting in the evening to get a better attendance. He was sure the City Council is going to be interested along with the Historical Society, the CRA, and the downtown merchants. Administrative Assistant Liz Forlani advised that the Chambers are scheduled to be painted and recarpeted during the last week in May, and that work is scheduled to begin immediately after the Board adjourns the May 22nd meeting. Chairman Eggert preferred the evening of May 23rd and didn't feel it would hurt anything if the work was delayed one more day. OMB Director Joe Baird advised that costs for the painting and carpet replacement will be $3200 and that those monies have been budgeted out of Buildings & Grounds. After a brief discussion on whether the remodeling was necessary this year, the Board indicated their approval of scheduling the meeting for Wednesday, May 23, 1990, at 7:00 o'clock P.M. in these Chambers. 24 SURVEYING SERVICES FOR REVISIONS TO OLD DIXIE HIGHWAY MAINTENANCE MAP NEAR OSLO ROAD - WORK ORDER #3 - KIMLEY-HORN AND ASSOCIATES The Board reviewed the following memo dated 4/9/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Professional Surveying Services for Revisions to the Old Dixie Highway Maintenance Map Near Oslo Road REF. MEMO: Brooks H. Peed, Kimley-Horn, to Jim Davis dated April 4, 1990 DATE: April 9, 1990 DESCRIPTION AND CONDITIONS On Dec. 12, 1989, the County entered into a Work Order with Kimley-Horn and Associates for professional. Engineering Services to design widening/signalization improvement for Oslo Road from US 1 to a point 500' west of Old Dixie Highway. Major intersection improvements at Old Dixie Highway are included. In surveying the design area, the Consultant and County Surveyor have discovered errors in the existing Maintenance Map for Old Dixie Highway in the project area. This map was filed by the Florida DOT prior to the County obtaining jurisdiction of the road in 1978. In order for proper legal descriptions to be written for additional right-of-way acquisition, the Maintenance Map must be corrected and a new map recorded in the public records. In order to accomplish this work, the Public Works Department has prepared the attached Work Order # 3 between Kimley-Horn and Associates, Inc. and Indian River County. The agreed upon compensation for the work is $14,800. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative #1 Approve the attached Work Order # 3 under the Master Agreement between Kimley-Horn and Associates and Indian River County. The cost of the work is $14,800. A new Maintenance Map will be prepared and presented to the Board for approval. Alternative #2 The incorrect Maintenance Map should be corrected. To make. the work more competitive, issue a request for proposals and select a firm to perform the services in accordance with CCNA procedures. This alternative may delay the project implementation. ' RECOMMENDATIONS AND FUNDING 1't is recommended that Alternative # 1 be approved whereby the attached Work Order # 3 is approved. Funding to be from District 6 Road Impact Fees. The attached budget amendment is recommended. 25 BOOK FgAdl IPPR 17 1990 r I APR 17 1990 eooK `i 9 FACE 1" ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation of Alternative #1 and approved Work Order #3 to the Professional Civil Engineering/Land Surveying Services Master Agreement with Kimley-Horn and Associates, Inc, dated 12/12/89. WORK ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD GEOTECHNICAL (SOILS) CONSULTANT FOR OSLO ROAD IMPROVEMENTS The Board reviewed the following memo dated 4/9/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., C� Public Works Director 0 SUBJECT: Geotechnical (soils) Consultant for Oslo Road -Improvements DATE: April 9, 1990 DESCRIPTION AND CONDITIONS Professional services are required for a subsurface soils investigation along Oslo Road from US 1 to 500 feet west of Old Dixie Highway. This investigation is requested by the design engineer, Kimley-Horn and Assoc. so that a proper pavement cross-section can be designed. Staff has requested proposals from three geotechnic firms as follows: Universal Engineering Services, Orlando $ 5,671 Fraser Engineering and Testing, Ft. Pierce, 5,085 Jammal and Associates, Inc., West Palm Bch, 4,253 Due to the quality of the evaluation report that Jammal Engineering submits, the design engineer, Jim Young, P.E., of Kimley-Horn Associates, Inc. recommends that the County contract with Jammal to perform the work at the low bid of $4,253. 26 .ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative No. 1 Accept the Engineer's recommendation and contract with the lowest cost firm, Jammal and Associates, Inc., to perform the work at a cost of $4,253. Alternative No. 2 Bid the work through the Purchasing Department. Since this work is professional in nature and below the mandatory CCNA threshold of $6,000, a competitive selection process or bid is not appropriate. RECOMMENDATIONS AND FUNDING It ,is recommended that the County contract with Jammal Associates at a not to exceed cost of $4,253 and that CCNA ,�;..•. and bidding procedures be waived. Funding to be from `:. District 6 Road Impact •Fees. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation to contract with Jammal Associates as set out in the above memo. REQUEST TO HOLD A "SEBASTIAN RIVER DAY" AT DALE WIMBROW PARK The Board reviewed the following memo dated 4/9/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,,� ,ti� Public Works Director SUBJECT: Request from Friends of the Sebastian River to Hold a "Sebastian River Day" at Dale Wimbrow Park on Sunday, April 22, 1990 REF. r.FT17Ert: Edna Perkins to Jim Davis dated 4-1-90 DATE: April 9, 1990 DESCRIPTION AND CONDITIONS The "Friends of the Sebastian River" is requesting the use of Dale Wimbrow Park on Sunday, April 22, 1990 (12 Noon to 6 PM) for the .purpose of holding a "Sebastian River Day" celebration. Canoe rides, live music, and refreshments will be offered to the public, with proceeds to be used to cover expenses. It is estimated that 200 persons would be in attendance. ALTERNATIVES AND ANALYSIS Staff has no objections to the specified use of the park, provided that: 1) The use of the public boat ramp and other facilities remain open to the public as usual. 2) All requests of the Risk Management Division are practiced. 3) The park is cleaned of all litter, etc. after the event. RECOMMENDATIONS AND FUNDING It is recommended that the request be approved subject to the above conditions. 27 "APR 17' 1990 BOOK 79 fg E APR 17 1990 HOK l� F,,. E ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously approved the request subject to the conditions as set out in the above staff recommendation. Chairman Eggert noted that the request refers to the Sebastian River rather than the St. Sebastian River, and Commissioner Bowman felt that our approval should clearly spell out "St. Sebastian River Day." AMENDMENT #1 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT - KINGS HIGHWAY CORRIDOR IMPROVEMENTS, INTERSECTION IMPROVEMENTS CR -510 AND AIA The Board reviewed the following memo dated 3/13/90: ----------------------------------------------------------------- TO: James E. Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director 1 SUBJECT: Amendment #1 to Professional Engineering Services Agreement = SRAlA at CR510 Intersection Improvements DATE: March 13, 1990 ----------------------------------------------------------------- DESCRIPTION AND CONDITIONS Gee & Jenson is under contract to perform professional services ' which include design of improvements and signalization for CR510 }' at SRA1A. Due to the need to provide northbound dual left -turn lanes along SR AlA at CR510, the Florida D.O.T. and County staff is recommending that the design of intersection improvements ''iIN,,;A., already under contract with Gee and Jenson be expanded to include additional roadway laneage and transitions as follows: 1) Expand CR510 to add two westbound lanes from AIA to 2,600' west of SR AIA and 600' east of SR AIA. 2) Expand SR AIA to add additional laneage 1, 000north and south of CR510. cg The attached amendment provides for increased engineering services at an additional cost of $14,817.00. This, added to the original contract amount of $136,744.00 (which includes $44,750.00 for CR510/AIA and $91,994.00 for 58th Avenue Design) will result in a new contract amount of $151,561.00. Since rapid growth in the North Beach area is generating additional traffic, these improvements qualify for Traffic Impact Fee Funding from District 1 (current balance is $754,000.) This project is also included on the County's 20 Year Road Improvement Plan. M ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative #1 - Approve the amendment to expand the scope of work. Additional funding is recommended in the amount of $14,817.00 from District 1 Traffic Impact Fee Fund 101-151-541-067.11. This alternative will provide future capacity at CR510/SR AIA for many years in the future. Also, staff will attempt to secure D.O.T. funds. Alternative #2 - Deny the request.and continue with the existing scope of work to provide only one northbound left turn lane at CR510/SR AlA. RECOMMENDATIONS & FUNDING Alternative #1 is recommended whereby Amendment #1 is approved and the Chairman be authorized to sign the Amendment. Funding to be from Account #101-151-541-067.11. Commissioner Bowman asked if this paving was going to run right down to the Wabasso Beach Park, and Public Works Director Jim Davis explained that it would not. There will be very minor improvements on the east side of AIA. However, there will be dramatic improvements to the north, south and west at the AIA/CR-510 intersection. The need for this amendment is to provide a dual left -turn lane northbound on AIA to direct traffic to the Wabasso causeway. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation of Alternative #1 as set out in the above memo. AMENDMENT #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD YES NORTH COUNTY SEWER PROJECT The Board reviewed the following memo dated 4/10/90: �lP R 171 1990 29 BOOK APR 1 7 '1990 g� BOOK I FADE TO: Board of County Commissioners FROM: Ernestine Williams, Utilities Department THRU: Terrance Pinto, Utilities Directo 4p<�� DATE: April 10, 1990 RE: NORTH COUNTY SEWER PROJECT In connection with installing sewers in the North County area, Indian River County obtained a 20 -foot utility easement from Hobart Ridge, Inc. Since that easement was acquired, the property has been purchased by Southeast Bank, Trustee for Windsor Polo Club. In order to align the easements so that the sewer lines can be installed, the County is now asking for an additional easement from Southeast Bank. They are willing to give this easement to the County on the condition that the County quitclaim any interest it has in the easement which it had acquired from Hobart Ridge over the South 10 -feet of the North 20 feet of their property. With acquisition of the new easement from Southeast Bank, the County will have achieved Its alignment goal; therefore, It is not necessary for the County to have this 10 feet. Staff recommends approval of the County quitclaiming the easement and request the Board authorize the Chairman sign the quitclaim easement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation for approval of the County quitclaiming the easement and authorized the Chairman's signature on the quitclaim easement. COPY OF QUITCLAIM EASEMENT DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 30 AUTHORIZATION TO RECORD PAVING AND DRAINAGE LIEN ON LOTS 7,8,13-16, BLOCK H, OSLO PARK SUBDIVISION - EARL McGRIFF The Board reviewed the following memo dated 4/16/90: TO: The oard of nty Commissioners FROM: C ar a ituna County Attorney DATE: April 16, 1990 SUBJECT: Authorization to Record Paving and Drainage Lien on Lots 7, 8 and 13 to 16 inclusive, Block H, Oslo Park Subdivision I have been advised by the Tax Collector that there will be an upcoming tax sale on the referenced property. There is a paving and drainage .assessment roll properly filed in the Assessment Lien Book in the Tax Collector's Office, however in order to preclude the extinguishment of the lien by tax sale, we will need to record the lien in the public records of the County prior to the sale of the tax certificate. RECOMMENDATION Authorize the Chairman to execute the attached Lien for recordation. Attorney Vitunac explained that the reason for placing this on the Agenda as an emergency is that staff needs permission to file a lien before the tax sale next week in order to protect our paving'assessment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman to execute the lien for recordation, as recommended by the County Attorney. COPY OF UNRECORDED LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APR 17 1990 31 BOOK ;1' PAGE 917 -.. __.._ BOOK .79 N%E9IL REQUEST FOR ESTABLISHMENT OF,SPECIAL WATER CONSERVATION COMMITTEE The Board reviewed the following letter dated 4/3/90: Stair Lock International (? Stair Systems, Inc. pot "Packaged Stair Systems", r gppttOSS�oN�t WARREN H. WINCHESTER April 3, 1 , ooMM �� ROBERT D. STRUB Honorable Caro j_�' c/o Indian River County 1840 25th Street Vero Beach, Florida 32960 Office (407) 562-6539 P.O. Box 759 Home (407) 778-2532 Vero Beach, FL 32961-0759 (407) 778-0018 f ii ic.i 00Z Other it a.n_u Wccmx.�nG1 Subject: Request for establishment of a special water conservation committee Dear Commissioner Eggert: t: -Sometime past I.tried to interest the City of Vero Beach in looking at our water.problems on the larger scale, and due -to the fact that the City -has i no authority and little interface with the water drainage districts �, was !::unable to stimulate interest. I believe it is imperative that we start now to look at our water resources ::from the macro perspective. The SWIM bill along with the establishment of the Marine Resources Council and other entities are making it more ..important that rrthe elected officials of our county and municipalities take the lead in a coor- wi.,,<< �dinated effort to both clean up the Indian River to the extent we can, but more important to develop a plan of action to divert storm and irrigation waters lin order to recharge our aquifer. This'is a complex issue and certainly cuts ;across juridictional boundaries, but I believe the time bomb is ticking away on lour resources, the environmental problems of growth, the quality of our lives and our health. P !Because the issue is difficult to address, I believe a special committee should be formed under the sponsorship of the Commissioners to examine the scope of the Problem and the costs of either diverting waters to recharge areas, or cleaning up the discharges. This committee should include the Indian River Farms Drainage f District, St. Johns Drainage District, Sebastian River Drainage District, The St. Johns River Water Water Management District, Fellsmere Water Control District, The various municipalities of the county, and finally, two or three interested ;.:citizens of the community. '' Water rationing is becoming too much a part of our lives, and while diverting or .back pumping is also going to be expensive, we need to examine the options and move toward -better management of our most precious resource. Whether such a committee is called a "storm water utility committee", water resources or some other name is immaterial. I believe the issue is of such -magnitude and cuts across so many disciplines that time is of the essence. I know that several of the engineering firms that are consultants for the water districts have some expertise and share my concerns that we need to get to work on a countywide basis. I would consider it a privilege to work on such a committee, and work in any way I can to be of assistance. I would appreciate it if you,would place the idea on the agenda of a forthcoming Commissioners meeting for discussion, and possibly a decision. Sincerely, Warren Winchester 778-2532/562-6539 32 Chairman Eggert believed there are two committees working on this now, and Commissioner Wheeler advised that he had talked about this yesterday with Chief of Environmental Planning Roland DeBlois who serves with him on the Narrows Watershed Action Committee and we felt that along with the Sebastian Watershed Action Committee, we are in a position to do what Mr. Winchester has asked for. He has suggested to Mr. Winchester that he attend the Sebastian meetings along with Commissioner Bowman so that we have a conduit between the two groups. Commissioner Wheeler felt we are pretty well set up having combined our Marine Advisory Committee and the Narrows Committee into one, MANWAC. Commissioner Bowman noted that the Sebastian Watershed Action Committee has contact with people sitting on committees from the Indian River Farms Drainage District and the St. Johns River Water Management District. The Fellsmere Water Control District is also well represented. We have reached out, and we have people from the soil conservation agencies and other agencies who regularly attend our meetings. Furthermore, the Marine Resources Council has a model surface water utility plan. Chairman Eggert understood all of those meetings are open to the public, and Commissioner Bowman advised that the Sebastian Watershed Action Committee meetings are held the first Wednesday of the month at 1:30 p.m. at the Sebastian City Hall. Warren Winchester, 5 Tarpon Drive, stated that he has been a member of the Marine Resources Council since its beginning and has attended some of the watershed committees' meetings, but was concerned about the overall coordination in the effort to conserve water. There doesn't seem to him to be an overall goal for what we want to establish, and he doesn't see any coordinated discussion on recharging the aquifer, back pumping, or some other things that we should should be dealing with on a larger scale. He felt we should be looking at water problems 5-10 years into the future and not just at cleaning up the Indian River. ®® q BOOK F',1Gt� APR R 17 199® 3 3 APR 17 1990 800K �' PA 1,[ 9 ?�� Chairman Eggert advised that staff is preparing a proposal for a stormwater utility, and Commissioner Scurlock stressed that a significant number of things are occurring even though they may not be talked about in the newspapers. Mr. Winchester admitted that it is difficult for one person to be aware of all of those things and be involved. He thanked the Commissioners for taking the time to consider his request. MARINE RESOURCES COUNCIL April 2, 1990 MARINE RESOURCES COUNCIL of East Florida 2915 Vassar St. • Melboume, FL 32901 • 407/768-8000, ext. 8135 The Honorable Caroline Eggert Chairwoman of the Board of County Commiss Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Commissioner Eggert: The first thoughts of Florida include beaches. The coastal strands of barrier islands are beautiful, an asset to the economy of our region, and the first line of defense against coastal storms. Management of these fragile and vital sandy shores is the challenge of the 90's for east Florida. On behalf of the Marine Resources Council of East Florida, I would like to invite you or a representative of your County to serve as a delegate to the Beaches and Barrier Islands American Assembly in Melbourne on April 20 and 21, 1990. Critical issues will be discussed and policy formulated to guide future management of the beaches and barrier island system. It is important for each -local government to be represented. Local government participation and perspective on issues facing these resources is vital to this consensus building process. The purpose of the American Assembly is to bring together leaders, decision -makers, and citizens representing a variety of views from. throughout the East Central Florida. The Assembly will be made up of 100 delegates representing 33 interest groups, and will deal with issues related to beach development, erosion control, dune preservation, and hurricane cvacuatian. A consensus will be developed that will guide the actions of local, state, and federal programs for the next three years. A fact sheet and schedule of the two day program are attached. Your City's input and participation are vital to planning and management of the beach and barrier island system along the central coast of Florida. Please let us know by April 11, 1990 of your County's plans to participate. Sincerely, ya Z�CX Diane. D. Barile Executive Director In Cooperation with the F.I.T. Corporation 34 Chairman Eggert asked if anyone was planning on attending a seminar scheduled for April 20 and 21 in Melbourne, and Commissioner Bowman advised that the MRC would very much like to have delegates representing all interests in the population. This is not strictly for environmentalists; it is for the general public as well, and they would like to have as many people as possible attend this assembly. Roland DeBlois, Chief of Environmental Planning, advised that he and Planner Mark Crosley are slated to attend on Friday, April 20, but if the Commission wishes, they would attend the Saturday meeting also. DNR'S RESPONSE TO IRC'S MANATEE PROTECTION PLAN The Board reviewed the following letter dated 4/6/90: STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building . 3900 Commonwealth Boulevard • Tallahassee, Florida 32399 Toni Gardner, Executive Director �+gfj 161 April 6, 1990 ?, Mr. Roland DeBlois, Chief -LIcoIAO Environmental Planning & Code � �. ,"^*. ? ,:,k^ ' NTY T 1 Enforcement Section �?,�c2.,�9? / c�`i. S� i�,- r �NERs .; I Indian River County 1840 25th Street �: �� �1.�ri•+�;;, Vero Beach, Florida 32960, g Dear Mr. DeBlois: As Bob Turner and Beth Beeler�scussfied W4-April Bill Moody, Commissioner Richard Bird and you at a ftin ` April 4, 1990, the interim Indian River County manatee protection speed zone proposals submitted February 21, 1990 do not provide adequate protection for manatees. We would like to work with the county to develop and implement an interim plan that will provide greater manatee protection while accommodating recreational uses as much as possible. The Department is submitting a proposal (see attached) that wd hope the county will consider adopting in lieu of the plan adopted under Resolution No. 90-20. We feel that this is the minimal amount of protection that may be accepted because of the heavy manatee use in the county. Areas that have been left unregulated, in particular ski areas where there is heavy manatee use, will need to be evaluated for possible regulation in the final manatee protection plan as alternative ski sites can be found. We want to continue to work with the county toward a final manatee protection plan that will address all aspects of manatee protection, including public education and land use planning (ie., marina siting): 35 UoOK,1 d PAGE APR 1.7 1990 EOOK PAGE 9�Z Thank you for the hard work that you have put into the development of a satisfactory interim plan for manatee protection. Please let me know how we can assist further in bringing this to a speedy resolution. Sincerely, v Pamela P. McVety, Director Division of Marine Resources PPM/ieb cc: Bob Turner Bill Moody°°p,�� 900405.rd Ray Le Roux a Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lends Bob Martinez . Jim Smith Bob Butterworth Gerald Lewis Tom Gallagher Doyle Conner Betty Castor Governor Secretary of State Attorney General State Comptroller Statelreasurer CommissionerofAgriculture Commissionerof Education Commissioner Bird didn't know how he got chosen on this, but he got a call a couple of weeks ago from staff asking him if he would be willing to meet with a couple of people from DNR and the Fish & Wildlife Service about the State's reaction to our interim manatee protection plan. Perhaps it was because he was pretty vocal at the meeting when we adopted the interim plan, but in any case, they came down and he met with Bob Turner and Beth Beeler. Bill Moody, an avid water-skier, was at the meeting, along with some of our staff. Basically, the State is saying that our Interim Manatee Protection Plan was not sufficient in their minds to properly protect the manatee, and they have asked if we would be interested in a compromise plan. He told them that he felt the philosophy of the Commission at that meeting was that we didn't feel we were a major contributor to deaths of manatee in the state, and that we didn't feel that we needed to go overboard with an overly restrictive plan limiting the boating public. He told them that we certainly were sensitive to the manatee situation and wanted to do what we could to protect them in the areas where they were known to congregate in the greatest 36 numbers, and that he thought if they were to come back with a reasonable compromise to protect manatee in the heavier populated areas that the county might consider it. Commissioner Bird advised that they have come back with a compromise plan which he just saw the first time this morning. Robert Keating, Director of Community Development, feels that time is of the essence in this matter and that we need to go ahead and get this interim plan adopted and either stick to our guns or agree to a compromise. In addition, the Sebastian Inlet Taxing District still feels that their plan is better with regard to the river north of the Wabasso Bridge. Commissioner Bird felt we need to go ahead and put the State's compromise plan into graphic form so that we can look at it clearly and compare it with our plan. He asked if the Commission would want the matter to come directly to the Board for consideration and action, or whether the Board would prefer to committee it. Commissioner Scurlock didn't feel we needed a committee, but felt that when it comes back to the Board, it should be as a public hearing. He agreed that staff should be directed to go ahead and come up with the best agreement they can and give their position at a public meeting in two or three weeks. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized Commissioner Bird to work with staff to come up with graphics of the State's compromise plan and a presentation of staff's position at an advertised public hearing during the regular Commission meeting of May 8, 1990. Director Keating advised that it isn't necessary for it to be an advertised public hearing, but the Commission felt it should be advertised and that we should notify the Sebastian Inlet Taxing District. A PKI, 17 1990 37 BOOT fA;E v r APR 17 1990 - - BOOK(rr, 'A.JC Commissioner Bird wanted to see the graphics published in 13 the newspaper so that the public would have an idea of what we are talking about prior to the meeting. Director Keating advised that we could do a Section A ad, which is a display ad. DISCUSSION OF HOUSE BILL 3247 The Board reviewed House Bill 3247 being proposed by State Representative Drage: ems. eemta FWRIDA LEGISLATIVE REPORTERS, tkC-4;l. ' -• r . :� :.°ai.r • P.O. BOX 745. • • .. ^ 04-M-11114 TAUAHASSEE.. FLORIDA 13302 •.' '� .. r01.111•Slar . SILL 32,4,1by 1�ragP- A bill to be entitled lsbte I An act relaelag to Lha Indian River Lagoos 1.1 ! System and easlet prohibiting now discharges of 1.1 1 lacrusad loadings trom.esisting swage 1 tbate@nt facilities Into -the Indian River 1.1 f Lagoon System# requiring elimination of I @misting dlachatges of tteated effluent lato I the arates before July 1. 19951 providing 1.5 I esceptlones requiring owners of swage f teestmeat facilities wlthla the Indian River 11 Lagoon Basin to investigate the feasibility of ' l.d 11 ming reeialmed ".te-ster tram their 11 facilities tot beneficial purpossat directing 1.7 11 the Department of Environmental atgulatiaa to 11 identity sees* served by package sauago 1.e I! tteatseet planta which are considered • threat 11 to the water quality of the systems dlrpetlag 1.10 1' tm Rt. Johns River and South Florida Water 11 Saasgeownt Disttlets, through the SRIR Pipe, to 1.11 1! Identify areas whom* existing septic tasks are A considered a threat to the water quality of the 2; &latest requiring Cauntles and municipalities 1.12 x I within the basin to develop and Implemeat 2. 1 progress to provide Centralised swage 1.11. 2' i collection and treatment facilities tot the 1 i problem &teas idontltled by the department and 1.14 2 1 the water management dlstrlatel providing an 2 I effective date. 2 •fit" +.. •( '+!'>: � T. 1:4-410-1-� ` N(v! 02 i pesagemant districts _WU'Le to dove lmpleseat plans and program tot restoring and proteetlnq`-the water quality of wterbodles of statewide signiticanre, and WHEREAS. the at. Johns River Water Management Distrl. And the South Florida Water Management District were . specifically directed to give priority to the restoration made of the Indies River Lagoon System, and WHEREAS. stedles related to developing the Indian ail Lagoon SUM Plan have estabilshad that the physical mad aualogical duracteristles of the system, to Combination wit threats posed by storawtes discharges and urbanisation wltl Lha drainage boats# oats the Indian River Lagoon System msultable tot future disposal of sawags Affluent eves It advanced waste treatment is provided. and wxemwe, restoration of the Indian Rimer Lagoon Slat& cannot be aecampllabed without achieving major reductions LL pettiest loadlags tram existing savage treatment tacLILties. I and WHEREAS, other practical alternatives to disposal of 1 wnstemter Lao the radian River Lagoon System @slat. mad MOMM. package savage treatment Plants a" lepreper I use of peptic tasks in cartala areas pees a continuing hese& to the rotor gaaIlty of ted Indian River Wells System, 110w. I se It specked by the Legislature at the state of noridat 1 - II auction 1.Definition of teres used In the act. --As I @sed In this act, the Among 20IMBERFGS, Chapter 17-97, Laws of Florida. the Surtae@ 11.144 ls l0II1 Water lmproraseat mad apm9seent act, directed tae aur 21 38 L�I I- 11 1' 11 1: 1. 2. 7 1' 21 1 2 1 2 1:4-430-1-e Ill 'Advanced waste treatment- hes the sue meaning as 1.14 provided for that tet& In subsection 14) of section 401.086. 1.15 Florida statutes. 121 'Indian River Lagoon Basin- Agana the area 1.78 draining tato she Indian River "goon System, es that area is 1.17 defined In the Indian River Lagoon WIN Plan. 1]) •tudlan Siwr Lagoon Systea• means the 1.31 latarrelated system at eateartne witerbodles extending from 1.19 Jupiter Inlet, north to Ponce de Leon Inlet, Including Robe Sound, Indian liver Lagoon, Banana River, and Mosquito 'Lagoon 1.41 and their tributaries, as trot system is detlead In the fadlan 1.42 River Lagoon SWIM Plan. Section 2. elimination of 1-498 treatment facility 1.41 discharges Into the Indian River Lagoon Systeip.-- 1.44 11) No new discharges of Increased loadings tram 1.44 existing sewge treatment facilities late the Indian River 1.45 Lessen System are permitted, except as provided In subsection 1.46 (s). 1 121 all existing swage treatment facility discharges 1.47 i1 I into the ledlaa River Lagoon System Rust be sllalmeted before 1.48 21 July 1. 1995, except as provided to subsection 11). 21 1 921 The Department of environmental Regulation may 1.49 2, I grant An exception to subsection (1) or subsection 121 only In 1.50 2, I the following alteumatancest 2, i la) It the applicant conclusively demonstrates thet•ma 1.51 21 i other practical alteraative exists and the discharge will 1.52 21 I receive advanced waste treatment Of a blgber legal of 2' 1 treatments of 21 I Ibl It the apptlabt conclusively demonstrates that lois 2, Itheproposed discharge will not result to violation of state 1.56 >f t water q"lity standards, either by Itself Or in wRbin4tiox 1057 2 h ,:. � APR 0 21990 124-430-1-8 ------ with other discharges, and will not hinder efforts to restore the water quality of the Indian River Lagoon System. Section s. twee of reclaimed wastewater. --each wast of an existing swage treatment facility within the Indian River Lagoon Basin shall, before July 1, 1992, Investigate the i feasibility of wing reclaimed wastewater from its facility for beneficial purposes. Section 4. Centralized *&wage collection and treatment facilities. -- (1) Raton January 1. 1991. the Depart"at at tnvirOosaneal 2e991&tl00 Shall identify areas served by I pactage swage treatment plants which are considered a threat I to the water quality of the Indian River Lagoon System. (2) maters July 1. 1092, the Rt. Jonas River W4tsr Management District and the South Florida Water ma"gameat District $hall. through the SWIM Plan. Identify at*&$ whsre lmpropsr septlq task w*& p0ame A threat to the "ter quality I Of the ladles Rivet (.$9000 System. This Information sant be I Indicated on maps at suitable sale for planning purposes, &ed the maps most be Rade available to counties and municipalities within the IAdI&o River Lagoon Basin. 1 (]) Before Jely 1. 1992. each county &nd municipality within the Indian River Lagoon Bast& ahall dewlap and begin laplamaatl69 programs to provide centralised *wage collection i And treatment facilities for the problem areas identified j 1 passbook to subsections (1) and (2). 1 Station So this art shall take effect July 1. 1990, or 1 -pa, becoming a law, whichever occurs later. I I Commissioner Scurlock explained that -proposed House Bill 3247 would prohibit new discharges or increased loadings from existing treatment facilities into the river and require the elimination of existing discharges of treated effluent into the system before July 1, 1995. He felt this is something we should be supportive of as it talks specifically about the SWIM Bill, the lagoon, and wastewater facilities. This county's plants would not be affected in that we do not discharge into any body of water and reuse is practiced in each one of our plants. The City of Vero Beach still has a discharge into the river, so it would affect them. However, Boyle Engineering is in the process of designing a system to reuse the City's effluent. The only concern he has about this bill is that it might be expanded to 3 9 BOOK f APR 17 199 F'AT,c jL' APR 17 1990 F BOOK (9 FAGE include reverse osmosis water systems, which would be a problem for us because we presently discharge from the south county r.o. plant, and plan to do the same with the north county water plant when it is built, into a canal which ultimately ends up in the river. We have done an analysis on that discharge in the permitting process, and have proved the beneficial effect in terms of raising the salinity in the canals and encouraging certain things to come up and breed. We have not seen anything negative from our south county r.o. plant after 8 years of operation. If the r.o. system were included in a bill, an option might be for deep well -injections and percolation ponds where you actually percolate brine discharge back into the shallow aquifer. Commissioner Scur.lock believed we should be supportive of the bill, but encourage the legislature not to expand it to include anything other than what is in there at the present time. Commissioner Wheeler reported that the MANWAC Committee unanimously recommends that the Board support this bill. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously declared their support of House Bill 3247 with the conditions that it not be expanded to include anything that is not presently included. AUTHORIZATION FOR UTILITIES TO PURSUE NEGOTIATION FOR ACQUISITION OF GENERAL DEVELOPMENT UTILITIES IN VERO HIGHLANDS AND SEBASTIAN HIGHLANDS Commissioner Scurlock requested the Board to authorize County Administrator Jim Chandler, Utilities Director Terry Pinto and himself to pursue acquisition of General Development Utilities both in Vero Highlands and Sebastian Highlands. There is an acquisition provision within the Sebastian Highlands franchise agreement, but there is no such provision in the Vero 40 Highlands agreement. He felt everyone is aware that General Development Corporation is experiencing problems and has filed in the courts. However, their utilities division (General Development Utilities) is a wholly-owned subsidiary of General Development Corporation and -,is not in bankruptcy. They are two different entities, although they have a relationship by being wholly-owned. Commissioner Scurlock wished to have authorization for us to begin dialogue to get their attention so that we can, in fact, take a position when it gets to court, because he felt that the receiver is going to end up recommending disposal of some assets. We certainly would like to acquire both of these systems and make them a part of the County's system, but are concerned that GDC might have to dispose of their utilities division in whole. There is a concern that Topeka or some other large utility might come in and place a bid to acquire the entire system statewide. Commissioner Scurlock noted that there are at least 3 or 4 unfriendly acquisitions taking place with General Development in St. Lucie County to the south and Palm Bay to the north. He felt it definitely would be in our interests for us to acquire these as it would totally eliminate any private franchises in the county. We have pretty firm agreements to acquire the ones that are still out there, and we would end up with two suppliers of water and sewer service to our county, the County Utilities Division and the City of Vero Beach. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized Commissioner Scurlock and Utilities Director Pinto to pursue negotiations for acquisition of General Development Utilities (GDU) both in the Vero Highlands and Sebastian Highlands. APR 17, 1990 41PAGE �`� 800 `�' 1�� � d' APR 1? 1990 BOOK There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:00 o'clock A.M. ATTEST: Clerk 42 airman