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;. ��
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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: {
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a to
MMgr.
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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