HomeMy WebLinkAbout5/1/1990BCJARE:) ACTION & IMPLEMENTATION
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING `
MAY 1, 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 - none
3. A. PLEDGE OF ALLEGIANCE - James E. Chandler
County Administrator
Accepted by Lisa Harpring B. Presentation of Law Week U.S.A.
with Moss, Henderson & Lloyd Proclamation
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Added as item 10-H-2 - Resolutions on sewer assessment roll
for•U.S. #1 project north of 12th Street.
2. Added:as item 12HD: 'Finance Advisory Committee report.
3. Added as SWDD meeting: Freeze/debris extension of'emerg.
5. APPROVAL OF MINUTES funding.
Approved. A. Approval of Minutes of Regular
Meeting of 3/20/90
Approved. B. Approval of Minutes of ' Regular
Meeting of 3/27/90
6. CONSENT AGENDA
A. Received and Placed on File in
Approved. Office of Clerk to the Board:
St. Johns River Water Management
District's 1988-89 Annual Report
and
Fellsmere Water Control District
Minutes of the.Board of Supervisor
Meeting for the FY 1988-89
B. Accept Resignation of Katherine
Approved. Siebert from, and Approval of
Appointment of Andy Bradley to
Alcohol, Drug Abuse and Mental
Health Planning Council 9-B
(Memorandum dated 4/24/90)
Approved.
MAY 11990
C. Proclamation Designating May as
Older Americans Month
BOCK
BOOK
6.
CONSENT AGENDA - CONTINUED
D. HUD Administered Rental
Approved.
Rehabilitation Program for
Small Cities (Non Formula)
(Memorandum dated 4/23/90)
Approved.
E.
Re -bid of the South County
Reverse Osmosis Plant
Expansion Bids
(Memorandum dated 4/24/90)
Approved.
F.
IRC Bid 90-61, Potable Water
Phase II, Work Progress
Summer Place
(Memorandum dated 4/24/90)
Approved.
G.
IRC Bid 90-63, Portable Waste
Tub Grinder
(Memorandum dated 4/18/90)
Tabled for 1 week.
H.
Library Furnishings
Staff to obtain additional
(Memorandum dated 4/19/90)
info re: decrease in
Scope of service
and local manufacturer's
I.
Request for Issuance of Change
of library furniture.
Order #1, IRC Main Library
(Memorandum dated 4/23/90)
J.
1) Developer's Agreement #1
Approved.
Rivularis Subdivision
(Memorandum dated 4/20/90)
Approved.
2) Developer's Agreement #2
Rivularis Subdivision
Offsite Water Main Extension
(Memorandum dated 4/20/90)
Approved.
3) Final Plat Approval for
Rivularis Subdivision
_
(Memorandum dated 4/20/90)
Approved.
K.
Release of County Utility Liens
(Memorandum dated 4/26/90)
Funding from Impact Fee
•L.
Purchase of 60 Feet of Oslo
Fund Dist 6 approved.
Road R/W along West Side
Commercial Park Subdivision
Dennis & Deborah Smith
(Memorandum dated 4/26/90)
Approved.
M.
Appointment of Rev. Johnny Green as
Wabasso/Gifford Representative on
County Fire Ad Hoc Committee
7.
CLERK TO THE BOARD
None
9:05 AM 8.
A.
PUBLIC DISCUSSION ITEMS
None
B.
PUBLIC HEARINGS
Approved staff's rec. to
deny. Staff to continue to
1) High Pines Subdivision
g
look at Ord. in relation to
Developer's Request for Special
its impact on water supply.
Exception Approval for a Sand
Mine at 65th Street and 58th Ave.
(Memorandum dated 4/18/90)
V � r
8.
es. 90-52 adopted.
)rd. 90-8
is amended - also effective
late 7-1-90
9.
10.
Approved.
B. PUBLIC HEARINGS - CONTINUED
2) Request by Mr. & Mrs. Lee Hudgins
to Renounce or Disclaim the Interest
in a "Public Road"
(Memorandum dated 4/23/90)
3) ORDINANCE AMENDING ORDINANCE 82-7
WHICH PROVIDED FOR THE LICENSING
OF CABLE TELEVISION COMPANIES
OPERATING IN THE UNINCORPORATED
PORTION OF INDIAN RIVER COUNTY:
PROVIDING FOR AN INCREASE IN THE
PERCENT OF GROSS REVENUE LICENSEE
SHALL PAY TO COUNTY FROM 3% TO 5%:
CHANGING THE TIME WHEN THE PAYMENT
SHALL BE MADE FROM 90 TO 30 DAYS:
EXTENDING THE TIME THE LICENSE
SHALL RUN FROM 20 TO 28 YEARS:
AND PROVIDING FOR AN EFFECTIVE DATE
(Memorandum dated 4/10/90)
COUNTY ADMINISTRATOR'S MATTERS
None
DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Building Division Permit/Inspection
System
(Memorandum dated 4/19/90) �
B. EMERGENCY MANAGEMENT
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
r
Approved. 1) Request from City of Sebastian
Police Dept. to Close Indian
River Drive Between Harrison
and Davis Streets
(Memorandum dated 4/18/90)
2) Charles Pishock Seawall Construction
Approved. Request for County Approval and
Issuance of After -the -fact Building
Permit
(Memorandum dated 4/17/90)
BJC�K. 9:� fAG
`TAY 11990 i
NAY - 11990 r�
BOOK . � 9 FAGE i d
10. DEPARTMENTAL MATTERS - CONTINUED
Set public hearing 5-22-90. H. UTILITIES
Res. 90-53
Res. 90-54 adopted. 1. Sewer Force Main System, Resolution
Set Public Hearing 5-22-90 No. 1, West Side from 10th Street to
Res. 90-55 and 90-56 4th Street
(Memorandum dated 4/23/90)
2. Sewer Preliminary assessment east side of U.S.1, north of 12th St.
11. COUNTY ATTORNEY
Contract with City of Vero Beach
Approved. Re: Septage Treatment & Disposal
(Memorandum dated 4/26/90)
12. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
B. VICE CHAIRMAN RICHARD N. BIRD
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
No action. Finance Advisory Committee meeting
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.
E. COMMISSIONER GARY C. WHEELER
Attorney to prepare Res.
Local Tax Deductions
strongly opposing this proposal.
(Memorandum dated 4/20/90)
Res. 90-57
13.
SPECIAL DISTRICTS
A. SOUTH COUNTY FIRE DISTRICT
Approved.
1) Approval of Minutes of 2/27/90
Meeting
Approved.
2) Cancellation of Interlocal
Agreement Between South Indian
River County Fire District &
Osceola County Relating to
Fire Service
ill
(Memorandum dated 4/12/90)
Approved.
3) Surplus and Transfer Ownership
of Fire Engine to Indian River
Community College
(Memorandum dated 4/24/90)
B. SOLID WASTE DISPOSAL DISTRICT
Approved.
1. Refuse Truck
(Memorandum dated 4/23/90)
Approved.
2. Freeze debris/emergency funding.
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.
Tuesday, May 1, 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, May
1, 1990, at 9:00 o'clock A.M. Present were Richard N. Bird, Vice
Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C.
Wheeler. Chairman Carolyn K. Eggert was in Tallahassee attending
the Treasure Coast Legislative Conference. 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 Vice Chairman called the meeting to order, and
Administrator Chandler led the Pledge of Allegiance to the Flag.
PRESENTATION OF PROCLAMATION FOR LAW WEEK U.S.A.
Vice Chairman Bird read aloud the following proclamation and
presented it to Lisa Harpring, who accepted it on behalf of the
legal community in Indian River County. Ms. Harpring of the law
firm of Moss, Henderson 8 Lloyd thanked the County Commission for
recognizing Law Week U.S.A. here in Indian River County.:
I'iJii� 1 � � F.iGE 9 I
MAY 11990
MAY 1 ®��o
PROCLAMATION DESIGNATING
APRIL 30 - MAY 6, 1990 AS
LAW WEEK U.S.A.
IN INDIAN RIVER COUNTY, FLORIDA
BOOK. 19 PAGE 9 /9
WHEREAS, May 1st is LAW DAY U.S.A. in the United States of
America; and
WHEREAS, the United States of America has been the citadel
of individual liberty and a beacon of hope and opportunity for
more than 200 years to many millions who have sought our shores;
and
WHEREAS, the foundation of individual freedom and liberty is
the body of law that governs us; and
WHEREAS, the Constitution of the United States of America
and the Bill of Rights are the heart of that body of law, which
guarantees us many freedoms including freedom of religious
belief, freedom to have and to hold property inviolate, freedom
of assembly, freedom of speech, freedom of press, freedom of
petition, and due process of law among others; and
WHEREAS, this year marks the 33rd annual nationwide
observance of LAW DAY, and the Congress of the United States and
the President by official proclamation have set aside May 1 as a
special day for recognition of the place of law in American life;
and
WHEREAS, the County of Indian River recognizes April 30
through May 6, 1990 as LAW WEEK with "Generations of Justice" as
a national theme:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
April 30 - May 6, 1990 be observed as .
LAW WEEK U.S.A.
in Indian River County, and the Board calls upon all citizens,
schools, businesses, clubs, and the news media to commemorate the
role of law in our lives.
Adopted this 1st day of May., 1990
12
2
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carolyn Eggert, iairman
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the addition to today's
Agenda of two resolutions regarding the sewer assessment roll for
the U.S. #1 sewer improvements project north of 12th Street.
Commissioner Scurlock requested the addition of a Finance
Advisory Committee report, and also the addition to today's Solid
Waste Disposal District meeting of a discussion about extending
the moratorium on Landfill charges for disposal of debris from
the severe winter freeze.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Eggert being absent) added the above items to
today's Agenda.
APPROVAL OF MINUTES
The Vice Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of March 30,
1990. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the Minutes
of the Regular Meeting of 3/30/90, as written.
The Vice Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of March 27,
1990. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the Minutes
of the Regular Meeting of 3/27/90, as written.
3 IR0f4 79 Fa,UE 9SO
El
MAY 11990
CONSENT AGENDA
UoO� ^g� nlrr C6�4t;,A
Commissioner Scurlock requested that Items H and L be
removed from the Consent Agenda for discussion.
A. Reports
Received and placed on file in the Office of the Clerk to
the Board:
St. Johns River Water Management District - F Y 1988-89
Annual Report
Fellsmere Water Control District - Minutes of the Board
of Supervisor Meeting for FY -1988-89
B. Resignation and Appointment to Alcohol, Drug Abuse and Mental
Health Planning Council 9-B
The Board reviewed the following memo dated 4/24/90:
TO: Board of County DATE: April 24, 1990 FILE:
Commissioners ,
SUBJECT: Alcohol, Drug Abuse and
Mental Health Planning
Council 9-B
FROM: Carolyn K. Eggert REFERENCES:
Board of County Commissioners
Please accept the resignation of Katherine. Siebert from the ADM
Planning Council Subdistrict 9-B. She was our law enforcement
representative and has left the Sheriff's Department.
Please approve Andy Bradley as her replacement on the Planning
Council. He is eager to be on the Council and is well qualified.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) accepted the resignation
of Katherine Siebert as the law enforcement
representative on the Alcohol, Drug Abuse and
Mental Health Planning Council 9-B and appointed Andy
Bradley as her replacement.
4
C. Proclamation Designating Mayas Older Americans Month
P R O C L A M A T I O N
WHEREAS, May has been traditionally designated OLDER
AMERICANS MONTH by the federal and state governments; and
WHEREAS, the members of the AMERICAN ASSOCIATION FOR RETIRED
PERSONS - VERO BEACH CHAPTER #1406, NORTH COUNTY CHAPTER #3234,
and VERO WEST CHAPTER #4292, along with the INDIAN RIVER COUNTY
COUNCIL ON AGING are taking part in the affairs of our community
and making significant contributions to the well-being of our
citizens; and
WHEREAS, Area Agency on Aging of Palm Beach/Treasure Coast,
Inc.; Indian River County Council on Aging, Inc.; and Treasure
Coast Senior Services coordinate to provide services which
improve the quality of longer life for Indian River County senior
citizens; and
WHEREAS, approximately 32% of the total population in Indian
River County is comprised of persons 60 years of. age or older;
and
WHEREAS, those senior citizens contribute greatly to the
moral, economic, and social well-being of Indian River County;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 1st day of May, 1990 that the month of MAY,
1990 be designated as
"OLDER AMERICANS MONTH"
in Indian River County, and the, Board further urges the citizens
of Indian River County to work toward better living for 'seniors.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carolyn Eggert, hairman
MAY 5 burr. 79 �,��E
MAY 11990
BOOK FADE
D. HUD Administered Rental Rehabilitation Program for Small
Cities (Non Formula)
The Board reviewed the following memo dated 4/23/90:
TO: The Honorable Members of the DATE: April 23, 1990 FILE:
Board of County Commissioners
THROUGH: H.T. "Sonny" Dean, Director
Department of General Se ees
SUBJECT: HUD - Administered
Rental Rehabilitation
Program for Small
Cities (Non Formula)
01a
FROM: Guy L. Decker, Jr,. REFERENCES:
Executive Director
I.R.C. Housing Authority
It is recommended that the data herein presented be given formal consideration by the
County Commission.
DESCRIPTION AND CONDITIONS:
The Department of Housing and Urban Development (HUD) has announced a competition and
availability of funds. for a HUD -administered Rental Rehabilitation Program for Small Cities,
pursuant to Section 17 -of the United States Housing Act of 1937 (42 USC 14370) which was
enacted by Section 301 of the Housing and Urban -Rural Recovery Act of 1938 (Public Law
98-81), approved November 30, 1983. A total of $974,000 in Rental Rehabilitation Program
grant funds and Section 8 Housing Vouchers are available for the Rental Rehabilitation
Program for Small Cities in the State of Florida. In HUD's Circular Letter No. 90-21 dated
March 28, 1990, Indian River County was included in the list of eligible cities and counties.
The deadline for submission is 4:00 P.M. May 22, 1990, and must be received on that.date
In the DHUD Jacksonville office to be considered in this year's competition.
The program is designed to assure an adequate supply of standard housing affordable tc
lower-income tenants as it increases the supply of private market rental housing available
to lower-income tenants by providing government funds to rehabilitate existing units and
provide rental assistance to lower-income persons to help them afford the rent of these
units. One Section8 Certificate and/or Voucher can be provided for each $7,500 of grant
funds to help eligible lower-income tenants to pay the rent for rehabilitated units. In
order to leverage the maximum amount of private capital, rehabilitation subsidies are
generally limited to 50.per cent of the cost of rehabilitation, not to exceed $7,500 per
unit adjusted for high cost areas. Grant funds may only be used to correct substandard
conditions, make essential improvements, and repair major systems in danger of failure.
Units will be rented at market rents, and no special project rent controls or restrictions
will be used. Within the lower-income and neighborhood targeting requirements, the Rental
Rehabilitation Program leaves broad opportunities for local program design and flexibility.
ALTERNATIVES AND ANALYSIS:
This is the fifth year Indian River County has been placed on the eligibility list to
enter the competition for funding, and this type of program parallels our existing
rehabilitation housing efforts.
RECOK,HIDATIONS:
We respectfully request the County Commission to authorize its Chairman to execute
the application for submission to the Department of Housing and Urban Development for
this grant.
This program will rehabilitate approximately twenty (20) substandard rental units in
the distressed neighborhoods within this jurisdiction and will make available additional
standard units to be utilized by the Indian River County Section 8 Rental Assistance
Program. Our total request for Federal assistance is One Hundred Thousand Dollars
($100,000.00).
This program requires no additional County funds.
6
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the submittal of
the application to the Dept. of Housing and Urban
Development for this grant, and authorized the Vice
Chairman's signature.
APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. _Request for Re -Bid of the South County Reverse Osmosis Plant
Expansion Bids
The Board reviewed the following memo dated 4/24/90:
DATE: APRIL 24, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO' i
DIRECTOR OF UTI VICES
SUBJECT: RE -BID OF THE SOUTH COUNTY REVERSE OSMOSIS
PLANT EXP W ION BIDS
PREPARED AND STAFFED BY: WILLI McCAIN
CAP P 0 S ENGINEER
DEP OF U ILITY SERVICES
BACKGROUND
On April 11, 1990, we received bids for the aforementioned project.
We have evaluated these bids, along with the engineer Camp; Dresser
and McKee, Inc. (CDM). We are not satisfied with any of the bids
and wish to re -bid the job.
ANALYSIS
Following the bid on April 11, 1990, we have received several bid
protests and found all bids to be non -conforming; we feel that all
of the offered prices were too high. We are making several changes
to the job (see attached letter from CDM) to reduce the,bid cost.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve this action on the Consent
Agenda.
MAY 11990 7 boor. PA,UE � y
'9 F
BOOK i 9 PAGE 96'
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved staff's
recommendation as set out in the above memo.
F. IRC Bid #90-61 - Potable Water System Expansion Phase II -
Summer Place Subdivision
The Board reviewed the following memo dated 4/24/90:
DATE: April 24, 1990
TO: BOARD OF COUNTY CObVISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director_
Department of General Services
P, <Manager FROM: Dominick L. Mascol
Division of Purchasing
SUBJ: IRC BID#90-61/POTABLE WATER PHASE IT
WORK PROGRESS SUMMER PLACE
IVY-IT401110V•,�
On request from the Utility Department the bid for
Potable Water System Expansion Phase II was properly
advertised and Twenty Seven (27) Invitations to bid were
sent out. On March 28, 1990 bids were received. Nine
(9) vendors submitted proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Derrico Construction was the low bidder that
met all requirements.
FUNDING:
Monies for this project will come from Budget Utility Funds,
Work Progress Stammer Place, which has a budget of $451,095.00.
Staff recommends the Award of a Fixed Contract for $207,755.00
to the low bidder, Derrico Construction for the subject project.
8 ,
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the award of a
fixed contract for $207,755 to the low bidder, Derrico
Construction for the subject project, as recommended by
staff.
['i10a 19 PAGE
SAY � 1990 9
BOAkbOFCOEM-MCOMMISSIONEBS
Date- 3129/90
1840 25th Stray, Vero Beach.Flon" 32960
PURCHASING DEPT.
�vc
Q`
BID TABULATION
Submitted BY Dominick L Mascola
PURCHASING MANAGER
*
Bid Na. 9041 Dote Of Opening 3/28/90
Recommended Award Dar ico cautr=tion C=p R10t'
�' $ 207,755.00
Bid Title Potable hater Phase n
1.
Derrieo Constn=ian
6.
Boz 30117Y
St
Melbourne, F1 32936-1177
&lbm��fl 392M
2.
CBS Excavatio Inc
97
7.
N S Assoc S282 465.00
7270 Ss Battiesnake Run
115 Springline Dr
Palm City, F1 34990
Vero Beach, F1 32963
3•
AM
5222 843.09
8.
1Rility Systems of
West Palm Beseh, F1 33413
1725 S Bova Bd B-4
So Daytona Bch, F1 32119
4.Belvedere
Constr0etion Co
7'657.50
9.
Jobear
P.U. Box 15107
195U DaM Dr
West Palm Beach, F1 33416
Palm Bay, 71 32985
5.
Ted rivers•
3254,527.19
f
P.O. BOX Z29
Winter Beach, F1 32971
['i10a 19 PAGE
SAY � 1990 9
MAY 119JO
BOOK PAL
G. IRC Bid #90-63 - Portable Waste Tub Grinder
The Board reviewed the following memo dated 4/18/90:2
DATE: APRIL 18, 1990
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Dir r
Department of Gener erv'le40.-
FROM: Dominick L. Mascola, CPO Manager
Division of Purchasing
SUBJ: IRC BID #90-63 Portable Waste Tub Grinder
On request from the Solid Waste Department the bid for Portable Waste Tub
Grinder was properly advertised and Three (3) Invitations to Bid
were sent out. On April 11, 1990 bids were received. Two (2) vendors
submitted proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to specifications.
Fuel Harvesters Equipment was the low bidder that met all requirements.
FUNDING:
Monies for this project will come from Solid Waste Funds, Heavy Equipment
which has a budget of $150,000.00.
.RECOMMENDATION:
Staff recommends the Award of a Fixed Contract for $139,630.00 to the low
bidder, Fuel Harvesters EgUpmnt for the subject project.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the award of a
fixed contract for $139,630 to the low bidder, Fuel
Harvesters Equipment for the subject project, as
recommended by staff.
10
BOARD OF CO LINTY COMMrSSIONEItS
8402&4S&*4VemSwAkIlorf&=60
.. V
' 7� 133 U74WO trr� Tw�Mw =�Mv
-Recommended Award Fuel 8'arvesters - ��OR1
139,630.00
Date 04/l1/90.
PURCHASING DEPT.
BID TABULATION
. JWx1Ytted BY Mascola
PURCHASING NL CI MANAGER
Bid Na 90-63 Date Of Opening 4/11/90
Bid Title Portable W&vz 1tib Grinder
12759 Lome Rica Drive
-
Carie Valley, Ca 95945
2. Recycling System
$147,900.00
P.O. Roz 364
Vinn, Fiiehigaa 48896
H. Library Furnishings
The Board reviewed the following memo dated 4/19/90:
DATE: APRIL 19, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIe AS
SUBJECT: LIBRARY FURNISHINGS
BACKGROUND:
Staff has been advised that other Counties in the State have
contracts for the purchase of library furniture. These contracts
have a discount ranging from 33.5% for purchases of $10,000 to
$20,000; up to 59% for $200,000 and above. This is a higher discount
than is offered on Federal GSA contracts. It also includes a clause
whereby, should any other entity in the State be offered a greater
discount than theirs, they would be entitled to receive the same
amount. We have budgeted $450,000 total for furnishings in the two
County Libraries. It is estimated that just shelving will be
$105,000.
The Counties involved went through the competitive bidding process
and have top rated manufacturers on contract for all standard library
furniture.
r�-1 � ��
1 1 Boor, /�F�1GE
MIA IV 1 X990
MANY 11990 BOOK .79 PAGE s
ANALYSIS:
For Indian River County to go through the same bid process again,
and with delivery dates being as we are told, could delay receiving
of the shelving and cause a problem with installation of associated
lighting.
We have an hourly contract with the interior design architect, and
could reduce their fees by using the existing contracts. This along
with the discounted price offered could amount to several dollars
savings to the County.
RECOMMENDATIONS:
Due to the fact that other Counties used the competitive bidding
process and that staff feels a better price could not be received,
along with the delivery schedule, Board approval is requested to
purchase furnishings for the two new Indian River County Libraries
using the other governmental Library Furnishings Contract.
Commissioner Scurlock recalled that this was somewhat of a
controversial item in terms of whether or not we needed an
architect to the tune of $40,000, and noted that Commissioner
Wheeler was the only one to vote against it. We were told at
that meeting that this particular type of furnishings was unique
to libraries, and, therefore, we needed an architect to design
specifications to go out and purchase the furnishings. In
looking at the recommendation, however, the net result is that we
are being asked to purchase off of other contracts that have been
let in Florida. Commissioner Scurlock felt that if he had a
chance to vote again on whether or not to hire an architect for
the furnishings, he would vote no along with Commissioner
Wheeler, because he really questions whether spending $40,000 for
an architect to select paint colors was in the best interests of
the County, dollar -wise.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, that the Board approve staff's
recommendation to purchase furnishings for the two new
libraries using the other governmental Library
Furnishings Contract, as set out in the above memo.
12
I
Under discussion, Vice Chairman Bird wondered what kind of
criticism we would receive for purchasing outside the county
without gi.ving local people the opportunity to bid.
Administrator Chandler explained that staff was looking at
this on a strictly dollars and cents basis, and it appears that
we can save anywhere from 33%-590 by purchasing off of these
existing contracts.
General Services Director Sonny Dean advised that there are
only 4 or 5 library furnishing manufacturers in the state, and
all of them are already on the purchase contracts of these other
counties. It will save us time by not having to do something
that is already done. Further, the specifications prepared by
the architect for most of these furnishings would be met by these
existing contracts.
After considerable discussion, Vice Chairman Bird felt the
main question here is whether we would be making the final check
out to a large national manufacturer or a small, local furniture
retailer in Miami or one of the other large cities, rather than
to a local retailer in this county who might have been able to
get us the same price.
Director Dean didn't know if a local.retailer would be able
to meet these prices.
COMMISSIONERS SCURLOCK AND WHEELER withdrew their Motion to
approve staff's recommendation.
The Board indicated they would like to see this postponed
for one week in order to give staff a chance to answer Vice
Chairman Bird's question regarding local retailers' prices.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) tabled this item for one
week.
r-4 r .
Nor.. Fa L 9t�0
MAY 11990 . 13
MAY 11990,
BOOK ( PACE��.
I. Change Order #1 - IRC Main Library
The Board reviewed the following memo dated 4/23/90:
TO: JAMES CHANDLER
COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SER VIC
FROM: LYNN WILLIAMS, PROJECT MANAGER 1,,J
MAIN LIBRARY
DATE: APRIL 23, 1990
SUBJECT: REQUEST FOR ISSUANCE OF CHANGE ORDER #1 INDIAN RIVER
COUNTY MAIN LIBRARY
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
The contract for Construction of the Main Library between Indian
River County and Milne -Nicholls, was approved by the BCC at the
regular meeting of December 12, 1989. Total amount of the original
contract is $2,816,400.00.
The following Proposal Requests have been issued by the Architect
Dow, Howell, Gilmore for changes in the work.
PR #1 - Amount $1,287.00. Relates to a change in the Fire
Separations requirement in corridor 227 and the
meeting room kitchen ceiling. This change was
required by the Indian River County Building
Department, during review of the plans for
permitting.
PR #2 - Amount -0-. Relates to a minor change in the
building footing at line F-6 of.the plans.
PR #3 - Amount Credit ($264.00). Relates to a change in
the elevator equipment room and a change of
materials.
PR #4 - Amount $2,573.00. Relates to a revision required
in the storm sewer layout to avoid conflicts with
an existing water main. This was an unforeseen
condition.
PR #6 - Credit (-$1,288.00). Relates to contractor offered
credit for allowance of an equal manufacturer in
HVAC duct work. Approved as equal by Mechanical
Engineer during submittal stage of construction.
ALTERNATIVES AND ANALYSIS:
All Proposal Requests have been reviewed by the Architect,
Construction Manager, and Project Manager and are recommended for
issuance in a group as Change Order #1.
Change Order #1 amount will be, on approval $2,308.00 increase with
no change in time.
14
RECOMMENDATION AND FUNDING:
Construction bids came in $280,000.00 less than estimated which
left that amount in 322-109-571-066.51. Staff would like to
utilize these funds for the change order.
Staff recommends approval of Proposal Requests 1-3 and 5-6 and that
the architect Dow, Howell, Gilmore, be authorized to issue Change
Order #1 in the amount of $2,308.00 and no time extension to the
contract.
New contract amount will be $2,818,708.00
LW/rae
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved staff's
recommendation as set out in the above memo.
a
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
J.(1) Developer's Agreement #1 - Rivularis Subdivision - Rory
O'Dare
The Board reviewed the following memo dated 4/20/90:
DATE: APRIL 20, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT #1
RIVULARIS SUBDIVISION
IRC PROJECT NO. CDS-345
PREPARED AND STAFFED BY: JOHN F. LANG
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
Mr. Rory O'Dare, the owner of Rivularis Subdivision, has oversized
the water main across the frontage of his property, on the south
side of 5th Street, S.W.
15 tziiGK 0 PAUt
MAY 1 wU
ANALYSIS
BOOK
The project required 287' of 6" water main along 5th Street, S.W.
The Indian River Department of Utility Services required a 1o" water
line, as per Master Plan Sizing Guidelines. The Department is
seeking to compensate Mr. O'Dare for oversizing of the main
constructed from 6" to 10" in size at the standard amount of $2.00
per inch of oversizing per foot of line constructed, which is
calculated as follows:
($2.00 per inch of oversizing) (4" of oversizing) (287' of line)
$2,296.00
Mr. O'Dare shall be reimbursed, upon Board of County Commissioners'
approval, with 50 percent of all impact fees paid for the subject
property, not to exceed the total allowed reimbursement of
$2,296.00.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners execute the attached Agreement with Mr. O'Dare
and reimburse him pursuant to the Agreement from the Impact Fees for
Water Improvement Account No. 472-000-164-300.00.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved Developer's
Agreement #1 with Rory O'Dare, as set out in the
above staff recommendation.
DEVELOPER'S AGREEMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
J.(2) Developer's Agreement #2 - Rivularis Subdivision -
Rory O'Dare
The Board reviewed the following memo dated 4/20/90:
DATE: APRIL 20, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT #2
RIVULARIS SUBDIVISION
OFFSITE WATER MAIN EXTENSION
IRC PROJECT NO. CDS-345
PREPARED AND STAFFED BY: JOHN F. LANG
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
Mr. Rory O'Dare, the owner of Rivularis Subdivision, has oversized
the off-site water main from the subject property on the south side
of 5th Street S.W.
16
=I
ANALYSIS
His off-site project required 1005' of 6" water main. The
Department of Utility Services required a 10" water line, as per
Master Plan Sizing Guidelines. The Department is seeking to
compensate Mr. O'Dare for oversizing of the main from 6" to 10" in
size, at the standard amount of $2.00 per inch of oversizing per
foot of line, which is calculated as follows:
($2.00 per inch of oversizing) (4" of oversizing) (1005' of line)
=$8,040.00
Mr. O'Dare shall be reimbursed, upon Board of County Commissioners'
approval, with 50 percent of all impact fees paid through connection
to the :mains constructed, not to exceed the total allowed
reimbursement of $8,040.x0. The Indian River County Department of
Utility Services has provided the following items to be installed by
the developer to enhance future connections:
Quantity
4
4
4
80'
RECOMMENDATION
Item
10" x 10" x 6" Tee
6" Gate Valves
Valve Boxes
6" Ductile Iron Water Main
The Department of Utility Services recommends that the Board of
County Commissioners execute the attached Agreement with Mr. O'Dare,
and reimburse him pursuant to the Agreement from the Impact Fees for
Water Improvement Account No. 472-000-164-300.00.
JFL:nr
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Scurlock, the Board unanimously (4-0,
Chairman Eggert being absent) approved Developer's
Agreement #2 with Rory O'Dare, as set out in the
above staff recommendation.
DEVELOPER'S AGREEMENT NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
J.(3) Final Plat Approval - Rivularis Subdivision
The Board reviewed the following memo dated 4/20/90:
17
p� 11!r'
r". 4
&000 1 I AUt J ".fid.
I
1
TO:
FROM:
DATE:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
FO R
Robert M. Keatibg, AICP
Community Develbpment Director
THROUGH: Stan Boling, AICP
Planning Director
Christopher D. Rison
Staff Planner, Current Development
April 20, 1990
BOOK �, �
l9 mua 9Sb
SUBJECT: FINAL PLAT APPROVAL FOR RIVULARIS SUBDIVISION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 1, 1990.
DESCRIPTION AND CONDITIONS:
Rivularis •Subdivision is a proposed 11 lot subdivision of a 4.28
acre parcel of land located in the 3000 block of 5th Street S.W.,
immediately east of the Oak Meadow Subdivision. The subject
property is zoned RS -3, Single Family Residential (up to 3 units
per acre) and has an L-1 Low -Density Residential -1 (up to 3 units
per acre) land use designation. The proposed building density is
2.57 units per acre. All roads, drainage and utilities easements
and facilities are to be dedicated to the County.
At its regular meeting of October 26, 1989, the Planning and Zoning
Commission granted preliminary plat approval for the subdivision.
A land development permit for project construction was subsequently
issued. The owner's agent, Peterson and Votapka, Inc. on behalf
of the owner, Rory O'Dare, is now requesting final plat approval
and has submitted the following:
1. a final plat in conformance with the approved preliminary
plat;
2. a warranty/maintenance agreement and Bill of Sale for the
completed,.publicly dedicated required improvements;
3. a security arrangement acceptable to the County Attorney's
Office;
4. a certified cost estimate for the constructed required
improvements.
ANALYSIS•
The required improvements have been constructed by the developer.
The developer has submitted a warranty/maintenance agreement and
posted sufficient security t6' guarantee the performance of the
completed improvements that are dedicated to the county. The
security arrangement, involving the use of "pay back" funds owed
the developer by county utilities, is being handled by the
Utilities department, and requires Board action. The Utilities
department security agenda item is to be considered prior to this
item at the May 1, 1990 Board meeting. Upon approval by the Board
of the Utilities security, all applicable requirements regarding
final plat approval will be satisfied.
RECOMMENDATION•
Staff recommends that the Board of County Commissioners grant final
plat approval for the Rivularis Subdivision, authorize the Chairman
to execute the submitted warranty/maintenance agreement, and accept
the posted security.
18
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Scurlock, the Board unanimously (4-0,
Chairman Eggert being absent) granted final plat
approval for the Rivularis Subdivision, authorized the
Chairman to execute the warranty/maintenance agreement
and accept the posted security, as recommended by
staff.
WARRANTY S MAINTENANCE AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
K. Release of County Utility Liens
The Board reviewed the following memo dated 4/26/90:
TO: Board off County Commissioners
/ -Xe4-,) ' �L"A_)
FROM: Lea R. Keller, County Attorney's Office
THRU: Charl Vitunac - County Attorney
DATE: April 26, 1990
RE: CONSENT AGENDA - B.C.C. MEETING 5/1/90
RELEASE OF COUNTY UTILITY LIENS
Ms. Sandy Bartolucci has prepared the following lien
releases, and we request the Board authorize the Chairman to
sign them:
Release of Special Assessment Liens
for ROCKRIDGE SEWER PROJECT as follows:
1. Tax I.D. #07-33-40-00001-0013-00008.0
in the name of LETHIG
2. Tax I.D. #01-33-39-00037-0260-00004.0
in the name of STIMETZ
3. Tax I.D. #12-33-39-00003-0008-00015.0
in the name of CLARK
4. Tax I.D. #12-33-39-00004-0016-00017.0
in the name of MIZE
5. Tax I.D. #01-33-39-00036-0230-00002.0
in the name of LICHTENBERGER
6. Tax I.D. #01-33-39-00037-0260-00003.0
in the name of DEPUTAT
MAY 1990 19
BOOK r/ PACE
MAY 11990
BOOK j pgE q d
7.
Tax
I.D. #12-33-39-00001-0002-00011.1
in
the name of KNIERMEN
8.
Tax
I.D. #12-33-39-00003-0008-00014.0
in
the name of MAGGIACOMO
9.
Tax
I.D. #01-33-39-00035-0210-00006.0
in
the name of GILLIE
10.
Tax
I.D. #01-33-39-00036-0220-00007.0
in
the name of BATES
11.
Tax
I.D. #12-33-39-00005-0000-00012.0
in
the name of UMHOEFER
12.
Tax
I.D. #12-33-39-00004-0018-00007.0
in
the name of HUTCHINS
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved the release
of the above -listed utility liens, as recommended by
staff.
RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
L. Purchase of 60 Feet of Oslo Road Right -of -Way along West Side
Commercial Park Subdivision
The Board reviewed the following memo dated 4/26/90:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
III
DATE: April 26, 1990
RE: PURCHASE OF 60 FEET OF OSLO ROAD R/W ALONG
WEST SIDE COMMERCIAL PARK SUBDIVISION
DENNIS and DEBORAH SMITH
CONSENT AGENDA - B.C.C. MEETING 5/1/90
The Board of County Commissioners, at its meeting Tuesday,
February 6, 1990, approved County acquisition of an
additional 60 feet of right of way along West Side
Commercial Park Subdivision on Oslo Road.
20
Therefore, this office is preparing the necessary documents
in order to be able to hold a closing. In connection with
the platting of this subdivision, the property owners are
also dedicating a ten -foot strip of right of way which is
immediately adjacent to the roadway. They cannot proceed
with filing their plat until they can show Planning staff
that there is an executed contract on the additional 60
feet. Therefore, attached is a contract between the
property owners and the County, which the property owners
have signed.
Staff requests the Board authorize the Chairman to sign this
purchase contract on behalf of the County so that we may
proceed.
Thank you.
Commissioner Scurlock just wanted to know where the funding
is coming from for this purchase, and Public Works Director Jim
Davis advised that it will be coming from the District #6 Traffic
Impact Fund.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Eggert being absent) approved the contract
with Dennis L. and Deborah S. Smith, owners, to
purchase a 60 -ft. strip of land along Oslo Road by West
Side Commercial Park Subdivision as described in
Exhibit A to the contract, and authorized the Vice
Chairman's signature.
CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
M. Appointment to County Fire Ad Hoc Committee
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) appointed Rev. Johnny
Green as the Wabasso/Gifford representative on the
County Fire Ad Hoc Committee.
21
BOOK I PAGE i��'
,M�►Y �. ���0 BOOK 19 PAEE%
CD
PUBLIC HEARING - HIGH PINES SUBDIVISION - DEVELOPER'S REQUEST FOR
SPECIAL EXCEPTION APPROVAL FOR A SAND MINE AT 65TH STREET AND
58TH AVENUE
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Journai. a daily newspaper published
at Vero Beach in Indian River County. Florida; that the attached copy of advertisement. being
a
in the matter of_,�7��G
in the _ _ Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the Said newspaper. 1 ��
Sword to and subscribed before me ttiji —.d y,of A. D. 19
(Business Wnagerl
(Clerk of the Circuit Court, -fndian R#er County, Florida)
(SEAL)
NOTICE OF PUBLIC HEARING
Notice of hearing to consider the granting of i
special exception approval for a sand mine. The
subject Property is presently owned by Mr. and I
Mrs. Mason Delafield.
The subject Property is located at the south-
east comer of Kings Highwa559th Avenue) and
South Writer Belyoar (yy Street) contain -
Ing
l,9 PProx matel40 �gnSdo8
Township 32 south, Range 39 East, tying and
being in Indian River County.
A public hearing at which parties in interest
hheard. willnbe head by the ll have Board of CCouMytComh-
missioners of Indian River County, Florida, In the
County Commission Chambers of the Co
Administration Building, located at 1840=
Street, Vero Beach, Florida on Tuesday. May 1,
1990 at 9:05 a.m. a decision'
Anyone who may wish to appeal
which may be made at this meeting will need to
ensure that a verbatim record of the proceed-
ings is made, which includes testimony and evi-
dence upon which the appeal Is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By-s-CAROLYN EGGERT. CHAIRMAN
Apr119,1990 673641
Planning Director Stan Boling presented staff's
recommendation for denial dated 4/18/90 based upon the
developer's failure to satisfy the criterion requiring a
1,000 -ft. separation distance from any platted subdivision not
serviced by public water:
22
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
/
Ro ert M. Keating4 AIC
Community Development irector
THROUGH: Stan Bolincf, AICP
Planning Director
FROM: John W. McCoy dA
Staff Planner, Current Development
DATE: April 18, 1990
SUBJECT: HIGH PINES SUBDIVISION DEVELOPER'S REQUEST FOR SPECIAL
EXCEPTION APPROVAL FOR A SAND MINE AT 65TH STREET AND
58TH AVENUE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 1, 1990.
PROPOSED DEVELOPMENT AND LOCATION:
McQueen and Associates, Inc, on_behalf of the High Pines subdivi-
sion developer, has submitted a concurrent request to receive
minor site plan and special exception approval for a sand mining
operation to be located at the south corner of 58th Avenue and
65th Street.
The subject property is zoned RS -6 and requires a special excep-
tion permit for a sand mine. Special exception uses are those
types of uses that would not generally be appropriate throughout a
particular zoning district. However, when special exception uses
are carefully controlled as to number, area, location, and/or
relationship to the vicinity, such uses would not adversely impact
the public health, safety, comfort, good order, appearance,
convenience, morals and general welfare and as such would be_
compatible with permitted uses within the particular zoning
district. In granting any special exception, the Board may
prescribe appropriate special conditions and safeguards to ensure
that the use is compatible with surrounding uses.
The proposed mining operation is to be in conjunction with the
excavation of a lake which is to be incorporated into the High
Pines subdivision. The subdivision received preliminary plat
approval from the Planning and Zoning Commission at its December
14, 1989 meeting (see attachment #4). The applicant is required
to have a mining permit in order to remove more that 5,000 cubic
yards of sand from the site.
PLANNING AND ZONING ACTION:
At its March 22, 1990 meeting, the Planning and Zoning Commission
voted 5 to 1 to deny the project, because the Commission de-
termined that a required separation distance criterion is not
satisfied by the request.
ANALYSIS:
1. Project Size: 9.97 acres (mine "area of development")
2. Area to be excavated (pit): 5.24 acres
WAY 11990 23
L
Lilln '1000
a` r
r'A
Fr-
BOOKP Jo0
3. Zoning Classification: RS -6 Residential Single family up
to 6 units per acre.
4. Land Use Designation: L-2 Low Density Residential up to 6
units per acre.
5. Estimate Excavated Volume: 63,000 cubic yards
6. Setbacks: 250' from all property lines to the mining pit
area.
7. Depth of Mine: 12.50 above Mean Sea Level or ±11' below
existing grade.
8. Ground water Table: The ground water table varies between 2'
and 4' below natural grade. The applicant is proposing
minimal dewatering and no off site discharge. Any water
removed from the pit would be caught and held in a rim ditch
before re-entering the lake. The applicant's engineer has
indicated this would not affect groundwater quality or
quantity in the area.
9. Method of Mining: A dragline would be used to remove all
material from the pit. The material would be stockpiled and
dried, then loaded on trucks and removed from the site.
10. Restoration Plan: The applicant proposes to use the lake as
the center of a proposed subdivision. The applicant has
received preliminary plat approval for High Pines Subdivision
which is to be the final "reclaimed" use.
A submerged island is to be planted in the center of the lake
to meet the County's littoral zone requirements. This plan
will need to conform to section 25r(5) of Appendix A.
Any approval granted would need to include a condition that
the littoral zone planting scheme meets Section 25r(5)
requirements, as determined by the Environmental Planner,
prior to issuance of a mining permit.
11. Bond Requirements: $5,240 restoration bond
$9,970 compliance bond
Any approval granted would need to include a condition that
the referenced bonds are posted prior to issuance of a mining
permit.
12. Roadway Protection: The public works department is requiring
a paved apron to be installed at the project's entrance to
65th Street to protect the street's edge of the pavement.
Provision of this apron should be a condition of any granted
approval.
13. Haul Route: The proposed haul route is from 65th Street to
58th Avenue then north to C.R. 510 and over the Wabasso
Causeway to Orchid Island. The Public Works department has
approved the proposed haul route.
14. Special Exception Criteria:
a. A site plan meeting all requirements of Sections 23.1
and 23.2 of the county zoning code.
b. A reclamation plan including littoral zone plan and
water quality management plan, as applicable.
24
r -
1
C. All mining activities must comply with Section 25(r),
Excavation and Fill, Appendix A, Zoning, of the County
Code.
d. All mining sites shall have direct access to a collector
or arterial roadway; access from a roadway of lessor
functional classification may be approved by the public
works director upon a finding that no significant
adverse impact will affect residential units on a
subject road.
e. The site must not be located within one thousand (1,000)
feet of any platted subdivision that is not serviced by
public water.
The project meets all special exception requirements except
for criterion "e". The Reece subdivision, and the Kings Lake
subdivision, are within 1,000 feet of the mining site.
The 1,000 foot separation distance from subdivisions not on
public water is designed to protect local residents on wells
from the adverse impact on the groundwater tables that sand
mines can have. While in the opinion of the applicant's
engineer, the sand mine construction will not affect the
groundwater of any local residence, there is no provision in
the ordinance which would let an engineer or a ground water
hydrologist certify that fact and get conditional approval.*
Thus, the application does not meet an applicable criterion
and cannot be approved.
It should be noted that if less than 5,000 cubic yards of
fill is to be removed from the site the applicant could
construct the lake via a land development permit. Excess
fill could be temporarily stockpiled in cleared undeveloped
areas of the subdivision and used for building pads as
residential construction proceeds. The existing mining
regulations do not prevent the lake from being constructed,
but do prevent the issuance of a mining permit for the
removal of over 5,000 cubic yards of fill from the site in
any given calendar year.
In keeping with the County Attorney's previous opinions,
based upon section 25.3 of the Zoning Code, all special
exception criteria must be met or the application must be
denied.
(*Note: An ordinance amendment facilitating this concept was
proposed by staff last year and recommended for approval by
the Planning and Zoning Commission, but was subsequently
denied by the Board of County Commissioners. The Board's
decision thus reaffirmed the importance of this criterion as
it now exists in the code.)
RECOMMENDATION:
Based upon the analysis performed, staff recommends that the Board
of County Commissioners deny the applicant's request for special
exception approval for a sand mine, due to the failure to satisfy
the criterion requiring a 1,000 foot separation distance from any
platted subdivision not serviced by public water.
25 P00� i PAGUYIJ
MAY 119Able
MAY_ 1.1990 ; BOOK
.19
Commissioner Scurlock asked if the developer would be
allowed to build the same lake without a mining permit, and
Director Boling stated that he would if all the fill was kept on
site. The lake could be built under the existing regulations.
The question is actually about the mining activity and the
hauling of dirt offsite.
Commissioner Scurlock asked if a portion of this lake is
more than 1000 feet away from the nearest subdivision, and
Director Boling believed that a portion of the pit area could be
1000 feet away from the Reece Subdivision.
Commissioner Scurlock asked if public water is available,
and Director Boling stated that it is his understanding that
public water is available along Kings Highway and is going to be
brought into this subdivision.
Utilities Director Terry Pinto confirmed that water is
available in the area, emphasizing "area".
Darrell McQueen of McQueen & Associates, Inc., agents for
High Pines Subdivision, advised that the land development permit
has been issued for this lake, which is a stormwater management
lake and not a mining operation. The depth of the lake below the
surface is probably in the area of 11-13 feet. He felt that a
lot of people who are here this morning envision this as being a
mining operation that could go 35-50 feet deep. However, this is
not a mining operation, per se. The lake is being dug right now,
and because of the vegetation on this property, pine and scrub,
there is only enough area to dispose of some 15,000-20,000 cubic
yards of dirt, which leaves them with 45,000-50,000 yards that
they need to haul offsite. The purpose for applying for this
mining permit is to dispose of dirt offsite and not stockpile it
on the site. If the Board does not approve this special
exception for a sand mining operation, the developer will have no
alternative but to stockpile the dirt on site on some of the lots
that have no vegetation or are a little bit lower in character.
26
Mr. McQueen felt the effects of stockpiling it on site could be
worse than the effects of hauling it off. There are 64 lots in
the High Pines Subdivision on 40 acres, and when they start
building homes, they will need about 30,000-40,000 'cubic yards of
dirt on site. The problem is that if they stockpile it on the
lots now, they have to come in and apply for a permit to clean
off the vegetation.
Commissioner Wheeler felt it would have less of an impact on
the surrounding areas if the dirt was stockpiled on site and the
hauling confined to the subdivision.
With regard to water concerns, Mr. McQueen noted that the
Reece Subdivision that Director Boling referred to has no
construction on it at all and no roads have been built, so he
could not see any degradation to the tables or wells in that
subdivision. About one half of this lake is 1000 feet away from
Kingslake Subdivision. The waterline is on the west side of
Kings Highway and it comes up to the intersection of Winter Beach
Road. This development is proposing to extend that waterline to
the east and then into the subdivision and loop it throughout.
That is the area where water is available.
Returning to the matter of hauling the dirt offsite, Mr.
McQueen didn't expect the subdivision to be built out in 10
years, so the stockpiles would be there for at least 10 years.
The lots may be sold, but not all will develop in 10 years. If
they have to clean off the vegetation, it is just going to be
barren land, and it is much easier to sell a lot when it has
vegetation on it. Mr. McQueen respectfully requested that the
Board approve the special exception for a sand mining operation,
giving them the only vehicle for hauling the dirt offsite.
Commissioner Scurlock felt if he was living in that area he
would be concerned whether this was just a way to get an okay for
a sand mining operation. He also would be concerned about how
long he would have to put up with trucks coming in and dust
blowing.
27
J.
BOOK f Pa�E�,iru
MAY' 119901
BOOK ! PAGE100
Mr. McQueen emphasized that if this was to be a mining
operation, they would be applying for a 35=ft. depth to start and
come back in later on for another 15 feet to go to a 50 -ft depth.
Their mining permit is for 12-14 feet below natural ground,
exactly the same as their surface water management permit. They
are presently clearing to dig the lake under their surface water
management permit, and they have agreed to dig the lake in the
wet without dewatering to prevent the degradation to the wells in
that area. One of the conditions of the permit is that the
material that is removed from the site cannot be transported east
on Winter Beach Road nor south on Kings Highway, and the
alternative is to go north on Kings Highway. If they were
permitted to haul half (30,000 cu. yds.) of the dirt offsite, he
anticipated that the contractor would move 2,000-4,000 yards a
day and that the operation would take 15 days to two weeks.
Attorney Vitunac advised that as a matter of law, it was his
opinion that the Board could not grant this special exception
today, no matter what the applicant says. We have a finding by
staff that two of the criteria of the ordinance have not been
met, and if there are no good reasons for those criteria to be in
the ordinance, which is what this argument involves, the Board's
motion would be to have staff change the ordinance and have the
applicant come back at a public hearing. Mr. McQueen has the
opportunity today to say that the nearby subdivisions are
serviced by water and that there is no one within 1,000 feet of
the lake., but he has not proven either one of those, and now his
argument is whether we should have those restrictions in :our
ordinance.
Commissioner Scurlock still was concerned that wells in the
nearby subdivisions might go dry because of the digging of this
lake, and Mr. McQueen pointed out that there is no question that
they would pull down the water table in the area if they were
28
r
digging the lake in the dry, but they are digging it in the wet.
The St. Johns River Water Management District has determined that
8-10 feet is the deepest that a surface water management lake can
Commissioner Scurlock asked if staff feels that we should
readdress our ordinance with regard to the digging of lakes in
the wet and the effect on adjacent water supply, and Robert
Keating, Community Development Director, advised that the St.
Johns River Water Management District has indicated that just
digging a pit should not affect the water table, but that is
assuming there is no dewatering and no unusual conditions.
Commissioner Scurlock asked if staff is still comfortable
with our present ordinance and think that it doesn't need any
real modification, and Director Keating didn't feel there was a
need for any modification from that perspective.
Mr. McQueen asked Attorney Vitunac if the exception could be
granted since one half of the lake does meet the 1,000 ft.
requirement, and Attorney Vitunac advised that the ordinance
says, "the lake."
Mr. McQueen pointed out that it talks about the sand mining
project or the sand mining site, and Attorney Vitunac stated that
in his opinion, that encompasses the whole contour of the lake
and if any portion of that is within 1,000 feet, it is off
limits. If the lake was dug so that the entire boundary or
perimeter wasn't within 1,000 feet, then they could do it.
Director Boling explained that the project site is defined
in the mining ordinance as that portion of the real property
which is being excavated or mined, together with all property
within 100 feet of the perimeter of the excavation or mining
activity, and that basically includes the area of development
that is shown. The resubdivision was platted in 1979, and all of
the lots have frontage on either Kings Highway or South Winter
Beach Road, and no paving was required when that subdivision was
approved.
29 noi 9 PAGE100
I
MAY 11990:
BOOR i� F,�GE,�V0 7
Vice Chairman Bird felt the indication he was getting from
his fellow Commissioners is for denying the request based on the
County Attorney's opinion that to grant this sand mining special
exception would be in conflict with our existing ordinance. It
is a public hearing, but maybe we can shorten the process and get
on with our day's duties by having a show of hands of those who
are opposed to the Board granting special exception approval for
a sand mining operation.,-
Practically
peration.,
Practically everyone raised their hands in response.
Vice Chairman Bird opened the Public Hearing, and asked if
anyone wished to be heard in this matter.
Art Holtan, resident of Kingslake Subdivision, felt the
issue was not totally about whether the dirt was to be allowed to
be hauled off site. He felt there is good reason to question
whether the lake should be allowed to be dug, because he was
having a hard time believing that the lake was not going to
affect the wells in the homes in the vicinity. Mr. Holtan
wanted to see the County readdress the way that regulation is
written.
There being no others who wished to be heard, the Vice
Chairman closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) denied the applicant's
request for special -exception approval for a sand mine,
as recommended by staff in the above memo.
Commissioner Scurlock wanted staff to continue to look at
our ordinance in relation to its impact on water supply, and
Commissioner Bowman wished to see the whole matter revisited
especially the St. Johns River Water Management District's
requirement of 100-12o retention.
30
r
PUBLIC HEARING - REQUEST TO RENOUNCE OR DISCLAIM THE INTEREST IN
A "PUBLIC ROAD" IN SUN ACRES SUBDIVISION
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
• Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that�the attached copy of advertisement, being
a
in the matter of
in the -- --_ Court, was pub-
9J
lished in said newspaper in the issues of -
i
c-�
Affiant further says that the said Vero Beach Press-Journai is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
Or corporation any discount. rebate, commission or refund for the purpose or securing this
advertisement for publication in the said newspaper..
Sworn to and subscribed before me this __p:2-9 day oi� A.D. 19 G'
(SEAL)
(Business Managerr
The Board toff County CoLIC mOmissioners of Indian iT
Hearing on lWadley. Mwill
.1990 at 9:05 mb in i
the Commission Chambers at 1840 25th Street,
Vero Beach, FL 32980, pursuant to the authority
of to consider the
advisabilitySof�renouncinglaand disclaiming any
right of the county and the public In and to the
land described and mapped as a "public atreer•,
more pacularly described as
Thrti
e West 35 feet of the following de-
scribed property.
Commencing at the Southwest comer of
Lot 7 of Sun Acres Subdivision as shown
On a plat thereof filed In the office of the .
Clerk of the Circuit Court of Indian River
County, Florida, in Plat Book S. page 54, ,
thence run West 25 feet; thence run
South 8 feat from the point of beginning -
from said point of beginning run Wim{ -
245 feet thence run North 230 feat,
more or less, to the South boundary of
canal right-of-way thence run East 245
feet: thence run South 230 feet, more or
less, to the point of beginning, as shown
In Official Record Book 101, Page 387,
Public records of Indian River County,
Florida, being part of Tract 10, lea the
East 15 feet of the South 120 feet, Sec=
tion 11. Township 33 South,Range 39
East.
one who
hdadecision
ppeal may be made at this metingwII need to
ensure that a verbatim record of the proceedings
Is made, which includes testimony and evidence
upon which the appeal is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
CAROLYN K. EGGERT, CHAIRMAN
April 10, 1990 873920
//SSpp��f\,(� � '•j/jam
ram? • •�,J
The Board reviewed the following memo dated 4/23/90:
TO: The Board of County Commissioners
C_
FROM: L, William G. Collins II - Assistant County Attorney
DATE: April 23, 1990
SUBJECT: Request by Mr. and Mrs. Lee Hudgins to Renounce or
Disclaim the Interest in a "Public Road"
For approximately a year, the County staff has been working
with David Albrecht, Esq. who represents Mr. Hudgins, the
31
MAY 11990
MAY 11990
600K �� Pr1UF
owner of a lot in Sun Acres Subdivision, in an attempt to
clear up questions of title and the buildability of Mr.
Hudgins' lot. (See attached letter from David Albrecht,
Esq., dated April 2, 1990.)
There is currently a cloud on Mr. Hudgins' title because
property which is being used as his driveway and for access
to 11th Place is shown in various public records as a public
road. This has come about because the original developer of
the Sun Acres Subdivision, Frank Zorc, quit -claimed the road
to "the public" in 1965. A deed to "the public" is
ineffective to pass title because there is no person capable
of accepting the grant. (For example, a quit -claim to the
Board of County Commissioners of Indian River County would
have been adequate.) The situation was further clouded when
a replat of the Sun Acres Subdivision attempted to dedicate
the same property as a private road. The problem is the
road was not within the boundaries of the plat and
dedication of property outside the boundaries of the plat
cannot be accomplished by means of a plat.
The County has never accepted the "road" in question. .The
end result of these prior actions is that it has been very
difficult for Mr. Hudgins to establish his rights to use the
"road" for access to his lot as a driveway. It is desirable
for Mr. Hudgins to use this land as his driveway as his only
alternative access would be to culvert over a large ditch
and access onto 12th Street, a road of higher functional
classification than 11th Place.
The County Commissioners are authorized to, by -motion, adopt
a resolution after a public hearing, renouncing and
disclaiming any right of the County and the public in and to
any land shown as an existing public or private street,
alleyway, road or highway or other place used for travel.
The Board authorized advertisement for public hearing on May
1, 1990 to consider this matter by Resolution No. 90-43
dated April 3, 1990. We have proof of publication.
RECOMMENDATION
1. Hold the public hearing as advertised.
2. Renounce and disclaim any right of the County and the
public in and to the land described in Resolution No.
90-43 which is also shown adjacent to the plat of Sun
Acres Addition No. 1 at Plat Book 6, Page 57, Public
Records of Indian River County; and as shown on amended
plat of Lot 14, Sun Acres Addition as recorded at Plat
Book 6, Page 661, Public Records of Indian River
County; and as described as quit claimed to the public
by deed recorded at 0. R. Book 219, Page 162, Public
Records of Indian River County.
3. Authorize the Chairman to execute the attached
resolution disclaiming the interest of the County and
the public in the described land.
4. Authorize the resolution to be adopted and entered on
the minutes of the Commission.
5. Authorize the publication of the resolution one time
within 30 days following its adoption in a newspaper of
general circulation published in the County.
6. Authorize recording in the deed records of the County
of the proof of publication of the notice of public
hearing, the resolution as adopted, and the proof of
publication of the Notice of the adoption of such
resolution.
32
Assistant County Attorney Will Collins explained that
essentially this matter is being processed the same as a road
abandonment.
Attorney David Albrecht, representing Mr. and Mrs. Lee
Hudgins and Mrs. Tibbits, circulated copies of the following
drawing which he felt identifies the property a little more
specifically•
UN_ACRES ADDITION NO -1.
15161NNINA ATTMT. a0wr.W EaT CORNTR O► LOT a IN SYN ^CRF-%
SYaol.t Siam AS Pon Puar T aoaaw ON Plus INR AT aeOwa, PA%s Ta
sr. *I^. RIVa IN cou"-" PLOalo^, a aGeosS,laurwcor On&RaOJaCTteN
a► SOUTN ldra O► 0^10 sVa0tV1/6ON ♦OS faaT,TMswCa NOarr IN aasT_
TNanCa aaST aea.10Pe%T TOWaIIT ura01 0-0 SVrI.GaaS 1rarGa
aOYTr A►aNe *ata -way -.a Spa Poor TO RtatrT.OP- saatNNtNa.
• TW aLITM STlaaT wC STN LIN@ OP T%A GT 10
•� � �� _�. � ; Imo_ � a�NAy —J
1 �T
I
1
:1`�) 1 )
O r P LOT 7got
1
' alt i 1
J L -T
S a�CONPaCNaD mAa► IS ASP.taLT 141' Co"P ZTI60 D aLCY@NTM PLACIL
L
aMe
M•
eA
j 1
la
17
It,
1
aj
1
Pal 1
1 1
LOT 1 1
L '
I'tA a%raNT �0 a' w COa r.a t•OT A
SCALo 1-•40=D'
33
750
rLAT soelt L Paoa r7
neowavr 111'JI8
CfaTl RtCaTp as DUDICATtON.
aTATa OP PLeatDA ��
GOVMT7 aP ImD1►Y 1tV%a
Trtl/ Is TOCaI171" TNAT T..T LAND 4% sl—i'
on TMO PUT ass TMa PVC -1111'" W' Ifs 4 s•a',]
M"Aay� R a� a„a J►1•m A/will!, aft. S.
"No Maas aT U901"Ta T%TY• PUY.tG R04aV a w� 1►u
UTaasTS,AL A" AND Rr%Ns 41. S— T.&Ower.
Alva. VrOaRJI MarO� Aw0 saaL�
TN/s 0•,T as nom$
a y 111 .
I wes►ss 1
�.la�a scales Ano swear Te swap t+R
TMIa �AT eP IaLO.
CEaTt PICATI Oa CLa aK ••
{Tara OP RUO wtOA. � �
)Sa
00urT OR INaIAM atVa% )
1, O- WPt! CLaaP O► Tra C--wr
.T aP 1r r
COVNTT,PuoW.OA,DOrataay
CURT I PT, Trar 1 Maya aV I.•tlr a0 TrtS P'L►T Aro Tt r
IT AU~Llas IN, Pear wlT —T— 6SoVlw ars YTaM
C MaPTaa 177, PLO%taw STATMUS Ar rOTa TII D.
Trts PLAT I' 1110 POR Ra CO%0 Or Tr. J T.J. loaf aP
Iain ANO aaCDa OaD Or m4of �..ZZ Oe
. L/.T Oael• �- , Ir TMo 41-41. 4W.T.11 alLRRK
OP Tra Cta CVtT CONaT IwM— Rtvaa CG--T1:P1 O.Da
S_Ir raw•, ec%T...earR
a7wTs e• P.e% I oa
COYNT O. INDIA. RtV TQ 1 �
1
{. r[aflET [II@Tlf Y, Trar TNI S P'L.AT i s NAba
►oOT Ar 4C TygL sl1R VaY Napa sY Ma.T Wt IT
tS 4COR asCT as Pfe sa Yf ATISY OR TMa LAYO
rLATT QD AMO TMAr ►ssraYa— Harr %aY CaS
rtOI+Yr U1yTS .4.6 a6uaY PAxa ASU- Polio
SbYD%% Cra PTaR tT7, R►ORIpq STa7aJws
A NNOrATao. �
DATa0 Tr11*0-y.�JOr
..a.. r 7s'8
CTST—CaTa ooA ...V 4...
TW1 Is TO exit".Y TMAr T»IS RAT Mos
aaa.1 aP.%MYsO aT TN% aO o. 00 GpIi IYYT
COrMI STteY o%s 00 oral.- slvc+7 Cout+TT,aLowle4,
04Taa TM -S 't 'N S4Y DDa A..MeAr 1110•
:aaae o. a- 4
a«t•rr a....... ssle»ass,
BOOK PAGF
�OY
MAY 11990 JO
BOCK 79 PGE
Attorney Albrecht pointed out Parcels 1, 2 and 3, and noted
that on the Sun Acres addition there is a dotted area that says
"private road for use of Sun Acres property owners", and then
below that it says, "not included". Right up from there is 12th
Street and the major drainage canal, and right across the street
from there is the Vero Beach Elementary School. This plat was
platted in 1960 and those lines were on there. When the plat was
dedicated and accepted by the County, the description was never
in it. In 1962 there was a replat of one of the lots and that
area was denoted, but again not included in the plat. In 1965
Frank Zorc took this parcel, and in the area between the last lot
in Sun Acres addition, which is lot #7, and the easement, he
simply sold off lots by metes and bounds and built homes. This
was prior to the County's subdivision ordinance. In 1962 Colonel
and Mrs. Tibbits purchased lot #1 and about two years later, the
Zorc's sold the Tibbets lot #2. After Col. Tibbets passed away,
Mrs. Tibbets sold lot #2 to her daughter and son-in-law, Mr. &
Mrs. Lee Hudgins, who now want to build a house there. One
option for access would be to culvert and come across by the Vero
Beach Elementary School, but that would be very expensive and
very dangerous. Subsequently, Gwen Zorc and Frank Zorc deeded
the property to the Hudgins because the road is not there, it has
never been used, and it has never been accepted by the County.
The first deed to the County in 1965 was deeded "to the public",
but the only public that could be is the public in the
unincorporated area of Indian"River County. By abandoning this
road, the County is really disclaiming it, and it will allow the
Hudgins to use the access out on to 11th Place instead of having
to pursue a permit to come across from the school.
Vice Chairman opened the Public Hearing, and asked if anyone
wished to be heard in this matter. There being none, he closed
the Public Hearing.
34
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved staff's
recommendation as set out in the above memo and adopted
Resolution 90-52, renouncing and disclaiming any right
of the County and the public in and to the land
described and mapped as a "Public Street", pursuant to
the authority of Florida Statute 336.09 (1)(c).
RESOLUTION NO. 90- 52
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, RENOUNCING AND DISCLAIMING ANY
RIGHT OF THE COUNTY AND THE PUBLIC IN
AND TO THE LAND DESCRIBED AND MAPPED AS
A "PUBLIC STREET", PURSUANT. TO THE
AUTHORITY OF FLORIDA STATUTE
336.090)(c).
WHEREAS. the Board of County Commissioners of
Indian River County have been petitioned by David Albrecht.
Esq. on behalf of Mr. and Mrs. Lee H. Hudgins to renounce
and disclaim any right of :Indian River County and the public
I
In and to the following described property:
The West 35 feet of- the following
described property:
Commencing at the Southwest corner of
Lot 7 of Sun Acres Subdivision as shown
on a plat thereof filed in the office of
the Clerk of the Circuit Court of Indian
River County, Florida, In Plat Book S.
page 54, thence run West 25 feet; thence
run South 8 feet for the point of
beginning; from said point of beginning
run West 24.5 feet; thence run North 230
feet, more or less, to the South
boundary of canal right-of-way; thence
run East 245 feet; thence run South 230
feet, more or less, to the point of
beginning. as shown in Official Record
Book 101, page 387, public records of
Indian River County, Florida, being part
of Tract 10, less the East 15 feet of
the South 120 feet, Section 11, Township
33 South, Range 39 East.
and
MAY 11990 3 5 �oGK �'� PAC 101r
MAY 1199:0 BOOK '79 Fr4,,461'U
WHEREAS, the matter has been considered after duly
advertised public hearing including advice of staff and
Input from the public.
NOW, THEREFORE, BE IT RESOLVED. BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and ail.interest of the County and the
public in and to land delineated and described above and as
also depicted as a road outside the boundaries of the Sun
Acres Addition No. 1 Plat recorded in Pla.t..Book 6, Page 57,
and as shown outside the amended plat of. -Lot 14, Sun Acres
Addition, ;recorded at Plat. Book 6, Page 661, all public
records of Indian River County, Is hereby renounced and
disclaimed, pursuant to the authority of Florida Statute
336.09(1)(c).
2. Notice of adoption of this resolution shall be
published one time within 30 days following adoption in a
newspaper of general circulation published in the County.
3. The proof of publication of the notice of
public hearing, the resolution as adopted, and the proof of
publication of the notice of adoption of such resolution
shall be recorded in the deed records of the County.
The following resolution was offered by
Commissioner Scurlock and seconded by Commissioner
Wheeler and, being put to a vote, the vote was as
fo I I ows,:
Chairman Carolyn K. Eggert Absent
Vice Chairman Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 1st day of May , 1990.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
RICHARD N. BIRD Vice Chairman
36
PUBLIC HEARING - PROPOSED INCREASE IN FRANCHISE FEES FOR CABLE
TELEVISION COMPANIES OPERATING IN IRC
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority'personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County. Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the paid newspaper.
n I A
Sworn. to and subscribed before me thiq gip; day pf,. A.D. 19
/!
(Business Maipagerj
,1
(SEAL) (Clerk of the Circuit Court, Indian iver County, -Florida)
NOTICE
The Board of County Commissioners of
Indian River County, Florida, hereby pro-
vides notice of a Public Hearing sched-
uled for 9:05 A.M. on Tuesday. May 1,
1990, to discuss a proposed ordinance
entitled:
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 82-7, WHICH PROVIDED
FOR THE LICENSING OF CABLE TELE -
INDIAN RIVER COUNTY; PROVIDING
FOR AN INCREASE IN THE PERCENT
OF GROSS REVENUE LICENSEE
SHALL PAY TO COUNTY FROM 3% TO
5%; CHANGING THE TIME WHEN THE
PAYMENT SHALL BE MADE FROM 90
TO 30 DAYS; EXTENDING THE TIME
THE LICENSE SHALL RUN FROM 20 TO
28 YEARS: AND PROVIDING FOR AN
EFFECTIVE DATE.
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 testimony and evidence
upon which the appeal is based.
April 10. 1990 873955
The Board reviewed the following memo dated 4/10/90:
DATE: APRIL 10, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO111--
FROM: TERRANCE G. PINTO,
DIRECTOR OF UTILITY SERVICES
STAFFED AND CINDY E. WHITE CO
PREPARED BY: FRANCHISE COORDINATOR
DEPARTMENT OF UTILITY SERVICES
SUBJECT: REVISIONS TO CABLE ORDINANCE NO. 82-7
BACKGROUND:
At the County Commission meeting on February 18, 1985, Resolution
No.. 85-21 was adopted, granting a rate increase to Florida
37 BOOK. l FA6c,Lv1.L
MAY 1990
Fr
MqY 11890
BOOK A PAGE
Cablevision. At the County Commission meeting on January 12, 1988,
Resolution No. 88-4 was adopted, providing for the transfer of the
cable television license held by Jones Intercable, Inc., to Falcon
Cable Media, L.P.
At both of these meetings, a gradual increase in franchise fees to
5% was also discussed and, over the past few weeks, meetings have
been held with Ken Vickers of Falcon Cable and Billy Crosby of
Florida Cablevision regarding the implementation of this rate. Both
representatives verbally agreed to this increase, based upon the
Cable Communications Policy Act of 1984, Part III, Section 622(b),
which states:
"For any twelve-month period, the franchise fees paid by a
cable operator with respect to any cable system shall not
exceed 5 percent of such cable operator's gross revenues
derived in such period from the operation of the cable system."_
(Excerpt attached.)
ANALYSIS:
The attached calculations reflect an increase in franchise fees from
the current rate of 3% to the proposed rate of 5%, based upon the
fiscal year 1989 income for both companies.
In addition to revising the cable company Ordinance No. 82-7 to
reflect this increase in franchise fees (or the maximum allowable by
law), franchise fees should be submitted on a quarterly (rather than
annual) basis. Article III, Section 3, of the ordinance should also
be revised, extending the current licenses held by both companies by
eight years.
RECOMMENDATION:
It is requested that the Board of County Commissioners approve the
attached cable ordinance, which would revise Ordinance No. 82-7 to
reflect an increase in franchise fees to 5%, require that payments
be made on a quarterly basis, and extend the current licenses held
by Florida Cablevision and Falcon Cable by eight years.
Utilities Director Terry Pinto explained that the main
justification for the increase in franchise fees from 3% to 5% is
because cable companies use the County's rights of way for their
cable lines.
Commissioner Wheeler asked the amount of the typical monthly
bill, and Billy Crosby of Florida Cablevision advised that their
present basic service rates are $15.95 a month.
Commissioner Wheeler felt there has been a misunderstanding
by some people about this 20 increase, and wished to clarify that
it will amount to about thirty or forty cents a month on the
typical monthly bill. In addition, we are going to be getting
the money quarterly instead of annually, which will benefit the
County.
38
Director Pinto advised that staff is asking the Board to put
this into effect as of July 1 so that the franchises can get
their bills ready and printed. He noted that the monies from the
franchise fees go into the County's general fund.
Commissioner Bowman was concerned about extending the cable
franchises terms from 20 to 28 years, but Director Pinto
explained that the length of the franchises does not matter
because they are non-exclusive and allow other competition to
enter the county.
Vice Chairman Bird pointed out that the franchise fee is
actually a pass-through charge to the customer because it is the
customers who require that right-of-way in order to receive their
cable service.
Director Pinto explained that extension of service is
something over which the County hasn't much authority, although
our franchises do require that they will extend service if there
are "x" number of customers per mile. He felt that both the
cable companies are far improved from what they were 5 or 6 years
ago.
The Vice Chairman opened the Public Hearing, and asked if
anyone wished to be heard in this matter.
Ken Vickers, general manager of Falcon Cable in Sebastian,
advised that the increase in the franchise fee would amount to
approximately 35� on the typical monthly bill in their system.
He pointed out that with the present ordinance there is at least
some medium of dialogue as far as negotiations between the County
and the franchise operators about the raising of these fees. In
order to retain that flexibility they would like to suggest a
change in the wording under Section 11 of the proposed ordinance
where it says "the maximum percentage amount allowed by law as a
license fee for its CAN System." They would like to insert
"after a public hearing" at the end of that sentence. Secondly,
while they appreciate the additional 8 years, they would like to
MAY�� 39 11LIUK SIU PAGE .� I
MAY 11990 BOOK 79 m3a6.
point out that the two existing operators in the county accepted
the franchise document with the 20 -year term and they feel that
any newcomers should have to submit their request for an 8 -year
extension on a separate basis.
Attorney Vitunac noted that the County is not obligated to
give a new entree a 28 -year term. It says "up to", and it would
not necessarily have to be for a 28 -year term. With regard to
Mr. Vicker's first suggestion for a change in the wording in
Section 11, Attorney Vitunac explained that under the present
wording, the operator's permission is needed to increase the
franchise fee, and -they have a chance to talk with the County and
get any problems resolved. With this new ordinance, if the
federal law is changed to allow us to go to 60, we could just do
it without any permission from the franchise operator. Attorney
Vitunac didn't feel that the County has ever had its door shut to
discuss any matter with the franchise operators, and he believed
the County Commission will insure that never happens.
Mr. Vickers agreed that indeed has been the case in the past
and they appreciate it. However, the specific wording of the
proposed ordinance is what they will have to live by.
Director Pinto explained that the change in the wording
would allow it to come to a public hearing, and at that point
whatever negotiations were to take place would be in a public
forum.
Vice Chairman Bird and Commissioner Scurlock didn't have any
problem saying that it will be brought before a public hearing.
William Koolage, 815 26th Avenue, recommended that the
County collect the franchise fee monthly instead of quarterly,
since the cable companies are billing the people monthly. He
also would like to have shorter franchise terms since a lot of
changes are anticipated in this field in not too distant future.
With fiber optics coming into the picture, the telephone
companies themselves might be getting into the game.
40
r
Director Pinto advised that staff had considered collecting
the franchise fees on a monthly basis, but it would be very
complicated and wouldn't be of that much benefit since there is a
cost involved in the collection.
Mr. Crosby noted that doing it on a monthly basis would be
quite expensive, and Vice Chairman Bird agreed that it should be
done quarterly.
There being no others who wished to be heard, the Vice
Chairman closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) adopted Ordinance 90-8,
effective July 1, 1990, increasing the franchise fees
to 50, requiring that payments of franchise fees be
made on a quarterly basis, and extending the current
licenses held by Florida Cablevision and Falcon Cable
by eight years; and modified the language in the
franchise agreement that if a franchise fee is
increased, it would be done so through a public hearing
process.
J
MAY 1990 4,�A
.MAY 1190
BOOK
ORDINANCE NO. 90-8
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 82-7,
WHICH PROV I DED FOR THE LICENSING OF CABLE
TELEVISION COMPANIES OPERATING IN THE
UNINCORPORATED PORTION OF INDIAN RIVER
COUNTY; PROVIDING FOR AN INCREASE IN THE
PERCENT OF GROSS REVENUE LICENSEE SHALL
PAY TO COUNTY FROM 3% to 5%; CHANGING THE
TIME WHEN THE PAYMENT SHALL BE MADE FROM
90 TO 30 DAYS; EXTENDING THE TIME THE
LICENSE SHALL RUN FROM 20 TO 28 YEARS; AND
PROVIDING FOR AN EFFECTIVE DATE.
i �c F,1 rrqq
BE IT ORDAINED by Indian River County, acting
through its Board of County Commissioners, that:
SECTION 1. CHANGE OF PAYMENT TO COUNTY
Section 11 of Ordinance No. 82-7, which reads as
follows:
"Section 11. Payment to County: Use Thereof
The licensee shall pay to the County three (30)
percent of gross revenue, as defined in this ordinance, per
fiscal period as a license fee for its CATV system. The
payments shall be made within ninety (90) days of the close
of the licensee's fiscal period and shall be submitted
together with the audit report required by Section 13 of
this ordinance."
shall be amended to read:
"Section 11. Payment to County: Use Thereof
The licensee shall pay to the County five percent
(5%) of gross revenue as defined in this ordinance or the
maximum percentage amount allowed by law as a license fee
for its CATV system, after a public hearing. The payments
shall be made within thirty (30) days of the close of each
quarter."
SECTION 2. CHANGE IN TIME PERIOD OF LICENSE
Section 3 of Ordinance No. 82-7 shall be changed by
increasing the permissible license period from 20 to 28
years, so that the section will read as follows with the new
language underlined and the language to be deleted inter-
lineated:
42
"Section 3. License Required
Any individual, partnership, corporation or other
entity desiring to install and operate any cable television
system in the unincorporated area of Indian River County
shall apply to the Board of County Commissioners for a
license pursuant to this ordinance. The license shall be
fora period of up to t-werq-ty-+2-0� twenty-eight (28) years
and shall be non-exclusive and may contain provisions for
renewal for additional periods. It shall grant the
privilege to install, construct, maintain and operate a CATV
system of origination, transmission and distribution of
electronic signals by cable and associated and similar
devices including installation along, under, over, through,
across the public rights of way in accordance with the
additional requirements of this ordinance throughout the
area which is described in the license and for which
approval has been received.
Any individual, partnership, corporation or other
entity desiring to install and operate any cable television
system in the unincorporated areas of Indian River County
shall apply to the Board of County Commissioners for a
permit, granting the privilege to install, construct,
maintain and operate a CATV system of origination,
transmission and distribution of electronic signals by cable
and associated and similar devices along, under, over,
through, across and upon the public rights of way under the
jurisdiction of the County within municipalities located in
the County in accordance with such rules and regulations as
may be approved by the Board of County Commissioners."
SECTION 2. EFFECTIVE DATE
This ordinance shall become effective on July 1,
1990.
qnn ,
A� 11990 43 SOUK , `q:GElV2
r �
.k
MAY 11990
BOOK rMGE1021
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 1st
day of _ May , 1990.
This ordinance was advertised in the Vero Beach Press
Journal on the 10th day of April__• 1990, for a public
hearing to be held on the 1st _ day of _May , 1990, at
which time it was moved for adoption by Commissioner
,Scurlock —, seconded by Commissioner
and adopted by the following vote:
Chairman Carolyn K. Eggert Absent
Vice Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: By
RICHARD N. BIRD -
Vice Chairman
e Barton,.0 erk
44
BUILDING DIVISION - PERMIT/INSPECTION SYSTEM
The Board reviewed the following memo dated 4/19/90:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP 2M K
Community Development Director
DATE: April 19, 1990
SUBJECT: BUILDING DIVISION PERMIT/INSPECTION SYSTEM
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of May 1, 1990.
DESCRIPTION & CONDITIONS:
Pursuant to a contract approved by the Board of County
Commissioners, Tindale/Oliver & Associates is developing a
computerized permit/project tracking and concurrency management
system for the community development department. As part of the
scope of services for this project, the consultant is to provide
an interface between the computer program being developed (which
will run on a PC local area network) and the building division's
building permit/inspection system which runs on the clerk of the
court's AS400 system.
ALTERNATIVES & ANALYSIS:
The consultant has analyzed the two principal ways to provide this
interface. One way is to connect the PC network and the 400
through a gateway or some other mechanism. This option has several
drawbacks. While making the connection and transferring data
between the systems is technically possible, it may not be
efficient and may not perform to expectations. Most importantly,
this option does not address the current problems with the building
permit system on the 400. These problems and issues are included
in the attached letter to me from the consultants.
The other option analyzed by the consultant is to change the
building division to new software which will run on a PC network.
The cost of this software which is a proprietary system to be
customized is included in the consultant_ contract already in place.
No other software or programming costs will arise. There will
however be hardware costs for acquiring new PC equipment.
Projected at approximately $25,000, this cost would be included in
next year's building division budget.
Both the staff and consultant have coordinated with the clerk's
office, including the clerk's data processing staff. Everyone
45
BUCK 11 d PAG �,�, 1,
MAY 11990
BOOK 19 PAGE ztj
agrees that the transition to a PC system is the better option.
That alternative will enhance concurrency management, facilitate
building and planning coordination, provide a better building
permit/ inspection system, free up space on the 400, and reduce
clerk (data programming staff) time.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the community development department to pursue transfer of the
building division's permit/inspection system from the 400 to a PC
system.
Commissioner Scurlock asked if the PC system provides enough
capacity for the future, and Robert Keating, Director of
Community Development, advised that there is no problem with
capacity, and assured Commissioner Scurlock that this system
would be functional for at least 5 years.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the Board approve staff's
recommendation to authorize the Community Development
Department to pursue transfer of the Building
Division's permit/inspection system from the 400 to a
PC system.
Under discussion, Attorney Vitunac advised that both the
Planning Dept. and the Utilities Department have requested that
the County Attorney's Office switch over to the PC system as
well, and he would be asking for money at budget time to do that.
THE VICE CHAIRMAN CALLED FOR THE QUESTION. The. Motion
was voted on and carried unanimously (4-0, Chairman
Eggert being absent).
46
F7
REQUEST FROM SEBASTIAN POLICE DEPT. TO CLOSE INDIAN RIVER DRIVE
FOR A PARADE
The Board reviewed the following memo dated 4/18/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director"'
SUBJECT: Request from City of Sebastian Police Department
to Close Indian River Drive between Harrison
and Davis Street
DATE: April 18, 1990
DESCRIPTION AND CONDITIONS
Sergeant Ewert from the Sebastian Police Department is requesting
that Indian River Drive be closed May 12, 1990 from 8:30
AM to 10:30 AM for a "Just Say No" Parade from the South point of
.Harrison Street to the North point of Davis Street Staff has
no objection to this request provided that:
1) Proper barricades as permitted by the Traffic Engineering
Department are installed.
2) A representative be listed as a contact person in charge of
the event in case the road needs to be opened.
3) Access to emergency vehicles be maintained.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board unanimously (4-0,
Chairman Eggert being absent) approved staff's
recommendation to close the street as set out in the
above memo.
47B7GK r
J02
I� ',�GE
MAY 11990
A
MAY 11990
-I
BOOK 19 PAGE
PISHOCK REQUEST FOR AFTER -THE -FACT BUILDING PERMIT FOR SEAWALL
CONSTRUCTION
The Board reviewed the following memo dated 4/17/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Mr. Charles Pishock - Seawall Construction -
Request for County Approval and Issuance of an
After -the -Fact Building Permit - 11686 A -1-A
REF. LETTERS: 1) Geneva Keen Acor, Coastal Technology
Corp. to Robert Keating dated August 15, 1989
2Y Michael Walther, Coastal Technology Corp.
to Zames Davis dated Mar 7, 1990
DATE: April 17, 1990
DESCRIPTION'AND CONDITIONS
Following recent coastal erosion along the Atlantic Ocean
shoreline,of the north barrier island, Mr. Charles Pishock,
11686 AlA, arranged the construction of an approximate 100'
long seawall to protect his residence from future storm
surge. Prior to construction, neither a local building
permit nor a Florida DNR Coastal Construction Permit was
obtained.
In the summer of 1989, Coastal Technology Corp., agents for
Mr. Pishock, applied to the Florida DNR for an after -the -
fact Coastal Construction Permit.
In processing the application, the DNR required the
applicant to obtain from the appropriate local government
agency having jurisdiction, written evidence that the
proposed activity does not contravene local setback require-
ments, zoning codes, building codes, or local comprehensive
plan.
The Community Development and Public Works Departments, in
addition to the County Attorney's Office, have reviewed the
request to determine if the seawall construction is in
compliance with local codes and plans. Attached are
numerous memos and letters documenting staff's concerns and
the applicant's responses.
ALTERNATIVES AND ANALYSIS
Staffs final analysis of the request for a finding of local
compliance is as follows:
1) Section 25(X)(3)c. of the County Zoning Code,
"shoreline protection", states that "no rigid shore
protection structures shall be permitted except when
used as a part of the Comprehensive Plan for beach
restoration and when non-structural alternatives are
not acceptable."
48
� s �
Prior to and after the seawall construction, Mr.
Pishock placed beach compatible sand seaward of his
dwelling. This sand was a "non-structural" alter-
native, but eroded due to storm surge.
After lengthy debate between Mr. Pishock's consultant
and staff, both the Community Development and Public
Works Department concur that other effective alter-
natives would have a greater adverse impact on the
localized beach area for this unique location only.
Other alternatives would not provide adequate short-
term protection to this property due. to the close
proximity of the house to the mean high water line. It
is staff's opinion that the seawall, as constructed,
would probably not be effective in resisting a signi-
ficant storm surge event nor provide a long term
solution to poor planning in placement of the structure
in the early 1970's prior to Coastal setback policies.
In summary, the Consultant has shown that the construc-
tion does not contravene the local zoning code since
other non-structural alternatives are not acceptable.
2) The County Comprehensive Plan for beach erosion is the
recently adopted "Beach Preservation Plan for Indian
River County " as prepared by Cubit Engineering (1988).
This plan does not recommend seawall construction in
Sector 2 of the Barrier Island. Since the Cubit plan
does not isolate each specific site, the approximate
100' of ocean frontage along the Pishock property was
not individually analyzed. Due to the close proximity
of the house to the ocean, staff is of the opinion that
the recommendations of the Cubit plan for this area
which include a "feeder beach" system at the Sebastian
Inlet and dune maintenance, may not protect the Pishock
structure.
Staff recommends that the Cubit Report be amended to allow
the seawall. construction along the Pishock property only
with the following conditions:
1) Adequate beach dune type sand and suitable dune type
vegetation be maintained over and seaward of the
structure during normal conditions. If a storm surge
or other erosion event occurs, the sand and vegetation
must be replaced within a six month time interval.
2) Localized erosion of downdrift beach areas (300' both
north and south) would be restored due to the effects
of the seawall.
RECommENDATIONS AND FUNDING
Although the County's current plans and codes contain no
provisions for vertical seawalls, staff recommends the
following:
1) Based upon an analysis of beach management alternatives
presented by Coastal Technology Corp., the Board hereby
accepts the conclusion that non-structural alternatives
are not adequate to protect the Pishock structure and
that a combination of the recently constructed vertical
seawall, dune sand placement to cover the seawall, and
appropriate vegetation on a suitable dune slope will
provide compatible short term protection from minor
storm surge events.
2) Amend the Indian River County "Beach Preservation Plan"
prepared by Cubit Engineering Corp., page 10.9 to allow
for the Pishock seawall to remain.
MAY 11990 49
Boos 7 P,�4626
MAY 11990 BaoF _79 FAr-402
3) The applicant'shall be responsible for establishing and
maintaining fill and dune vegetation over the subject
seawall, and shall be responsible to mitigate any
off -property erosion impacts that are proven to have
occurred due to the seawall erosion stabilization
project.
No funding considerations are applicable
Public Works Director Jim Davis advised that Michael Walther
of Coastal Technology Corporation has prepared an analysis which
includes the following list of alternatives for upland
stabilization:
ALTERNATIVES
GENERAL: The following are descriptions of alternatives available
for stabilization of the uplands fronting the residence of
Mr. Charles Pishock. The alternatives available include: 1)
doing nothing, 2) dune maintenance, 3) sandbags, 4) rock
revetment and, 5) seawall. Table 1 summarizes these descriptions
and includes the limitations relative to "emergency construction"
of the alternative (Emergency Limitations) and limitations of
construction under normal conditions (Normal Limitations).
Doing Nothing: One alternative available to Mr. Pishock is to do
nothing. By selecting this alternative, Mr. Pishock would then be
accepting the likely failure of his residence. In particular, it
is expected that annual storms would undermine and cause damage to
the residence in the absence of the seawall. As such, this
alternative is not acceptable -:-
Dune Maintenance: ,By replacing the sand eroded from the dune
over long segments of shoreline, it is feasible to maintain the
dune and provide some improved stability to the uplands. Under
emergency conditions, typically it is impossible to place fill
faster than fill may be eroding from the dune; this condition
occurred at Mr. Pishock's residence during the March storm. Under
normal conditions, dune maintenance has been demonstrated as a
viable means of upland stabilization when long segments (more than
1 mile) are maintained. Due to end effects, dune maintenance
efforts over short segments of shoreline are not effective even
under normal conditions. In addition, dune maintenance is
expected, at best, to only provide for maintenance of the dune —no
significant added protection of the uplands is provided.
Sandbags: Geotextile fabrics may be sewn to form bags; these bags
are filled with sand and placed on the beach to attempt to prevent
erosion of the dune. In order for these structures to be stable
50
at a slope steeper than 1:5, the bags must be above the waterline
and must not be saturated. In particular, studies have shown that
the bags have a stable slope of 1:5. During emergency conditions
it is not practical to construct a 1:5 sloped embankment above the
waterline due to the influence of waves. An attempt was made by
Mr. Pishock to protect his property with sandbags; this attempt
failed. Under normal _conditions, a properly designed sandbag
structure would project significantly onto the active foreshore
area and thus, reduce available recreational beach; this would
have a high potential for adverse effects upon the downdrift
beach.
Rock Revetment: A typical rock revetment would be constructed of:
two layers of armor stones (2 tons+) on top of bedding stone and
filter cloth at a 2:1 slope. An important element of a properly
designed revetment is a properly graded embankment. During
emergency conditions, it is impossible to prepare this embankment
due to wave conditions. In normal conditions, a rock revetment
might be constructed at Mr. Pishock's residence; however, such a
revetment would significantly project upon the foreshore area and
immediately impact downdrift beaches.
Seawall: The most commonly constructed seawall entails steel
sheet piles driven into the ground via a vibratory hammer. One of
the greatest benefits of a steel sheet pile seawall is the
relative speed at which such a wall may be constructed; production
rates of 50 feet per day are common. Under emergency conditions,
a steel sheet pile wall may be easily constructed whereas upon
lifting and positioning a sheet for driving, the weight of the
sheet and hammer will resist some wave attack and allow for
driving of the sheet. Subsequent sheets may be more easily placed
by threading through the, first sheet. Such a steel wall was
installed by Mr. Pishock under emergency conditions as the only
viable alternative available to Mr. Pishock. Under normal
conditions, such a wall may be considered most desirable due to
the limited projection of the seawall into the foreshore area —
thus, limiting the immediate impact to downdrift beaches.
-
1 COASTAL TECH COASTAL. STRUCTURAL, CIVIL ENGINEERING AND PLANNING
Director Davis advised that the engineering consultants have
determined that they have tried other alternative means,
particularly sand renourishment, revetments, and sand bagging,
and none have been effective. Based on Mr. Walther's analysis,
staff is comfortable that the other alternatives that have been
tried simply have not worked in this case. Director Davis felt
the main reason they haven't worked is the close proximity of the
dwelling to the mealn high waterline and also because the
renourishment activity that has occurred in this area has simply
washed away due to storm surge.
51�4,1U
MAY 11990 �_;.,
BOOK i� F,402
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the Board
approve staff's recommendation as set out in the above
memo.
Under discussion, Attorney Michael O'Haire, representing the
owner, wished to clarify that the seawall was constructed during
the severe northeaster storm during the Thanksgiving weekend in
1984, not after the storm. The seawall was constructed only
after thousands of yards of sand had been hauled in and poured
into the ocean in an attempt to keep the owner's home from
falling into the water. He also noted that there are no homes
built on either side of Mr. Pishock's home, which is one of the
oldest in the north beach area and is well maintained.
Commissioner Bowman pointed out that it is known that
seawalls cause erosion, especially downdrift, and felt that
somehow or other we should be sure that the owner to the south
there isn't going to be severely damaged by the result of this
seawall.
Attorney O'Haire advised that Director Davis required Mr.
Walther to address that issue among his other concerns, and the
only answer is that Mr. Pishock is going to have to be
responsible.
Commissioner Bowman recommended that sea oats be planted
because of their very distinctive root structure, and Director
Davis advised that sea oats have been planted, and it does appear
that the vegetation is taking root and being an effective. cover
for the seawall.
Attorney O'Haire noted that the beach has come back some
since the big storm, and, hopefully, will improve even more with
the Sebastian Inlet sand transfer project.
Director Davis advised that the sand transfer project is
mostly in the study phase at this time, but progress is being
made.
52
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0, Chairman
Eggert being absent).
SEWER FORCE MAIN SYSTEM - WEST SIDE OF U.S. #1 FROM 10TH STREET
TO 4TH STREET
The Board reviewed the following memo dated 4/23/90:
DATE: APRIL 23, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN
DIRECTOR OF UTI aERVICES
SUBJECT: SEWER FORCE MAIN SYSTEM - RESOLUTION NO. 1
WEST SIDE FROM 10TH STREET TO 4TH STREET
IRC PROJECT NO. UW -88 -22 -CCS
PREPARED AND STAFFED BY: WILLIAM F. McC
CAPITAL PROJE NEER
DEPARTMENT OF U T SERVICES
BACKGROUND
The design and assessment of the aforementioned project has been
completed. We now wish to have Resolution No. 1 and Resolution No.
2 approved so that we may proceed with this project.
ANALYSIS
The cost to be assessed on a square footage basis is $64,790.00.
This cost covers the force main construction cost, and the
engineering fee, plus a 10% contingency. The total square footage
is 460,615.70 square feet, which equates to 0.140659556 dollars per
square foot. '
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached resolutions and
set the date for the public hearing.
Commissioner Scurlock felt that clarification was needed in
regard to the engineering and inspection costs of $22,900 on this
project.
Utilities Director Terry Pinto explained that this project
was authorized back in April, 1989, and the estimated cost was
$155,000. In designing the project we found that we need 17
easements in order to build it and had to do extra engineering to
53
I
r
MAY 11990 BOOK .7 f�1��LVc x�
establish those easements, draw the easements and get them
signed. The project is limited to $120,000 for design and
permitting. Resident inspection is limited to $4,500, but we had
to go out and have the easements established which was another
$6,500. We felt the easements should be assessed back even
though they weren't part of the initial project and weren't
included in the engineering approval. That added to the cost
somewhat, but in the assessment process itself, we found that it
is a low pressure system and each one of the establishments along
the route we have chosen will require a low pressure pumping
system with each one of them being a little different. Some of
them simply will be a simplex pump and some a duplex pump. We
have designed the pumping facilities, but have decided that it
would not be fair to include the costs of the pumps in the total
assessment since some people would be paying for a pump that
would be larger in size than what they actually need. The pumps
are not going to become part of the total assessment. Whoever
needs that portion will pay for it, but everyone using the common
line will be assessed. It is similar to what we did in the
Rockridge project. So, what we are looking at is all of the
engineering costs that we want to assess back to those benefiting
properties, but $6,375 was specifically for the 17 easements that
were not in the original approval.
After a brief discussion, the Board scheduled the Public
Hearing for 9:05 o'clock A.M. on Tuesday, May 22, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by.
Commissioner Bowman, the Board unanimously (4-0,
Chairman Eggert being absent) adopted Resolution 90-53,
providing for a sewer force main on the west side of
U.S. #1 between 10th and 4th Streets; providing the
total estimated cost, method of payment of assessments,
number of annual installments, and legal description of
areas specifically served.
54
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Eggert being absent) adopted Resolution 90-54,
setting a time and a place at which the owners of
property on the west side of U.S. #1 between 10th and
4th Streets and other interested persons may be heard
before the Board of County Commissioners.
MAY x.199 55 BOOK
r I
MAY 1 W0 sooK
.79 Pula,
RESOLUTION NO. 90- 53
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR
A SEWER FORCE MA I N ON THE WEST S I DE, OF U. S . # 1
BETWEEN 10TH AND 4TH STREETS; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF AREAS SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described 'are necessary to promote the public welfare of
the county and has determined to defray the cost thereof by
special assessments against the properties specially
benefited thereby, which improvements are hereinafter
referred to as Project No. _UW88-22-CCS
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a sewer force
main shall be installed on the West side of U. S. #1
between 10th and 4th Streets, and the cost thereof and in
connection therewith shall be specially assessed in
accordance with- the provisions of §11-42 through §11-47 of
the Code of Laws and Ordinances of Indian River County.
2. The total estimated cost of the above-described
improvements is shown to be $64,790 (or $0.140659556 per
square foot) to be paid by the property specially benefited
as shown -on the assessment plat on file with the Department
of Utility Services.
3. A special assessment in the amount of $0.140659556
per square foot shall be assessed against each of the
properties designated on the assessment plat. This
assessment may be raised or lowered by action of the Board
of County Commissioners after the pubic hearing required by
the referenced County code.
4. The special assessments shall be due and payable
and maybe paid in full within 90 days after the date of
the resolution of the Board with respect to credits against
the special assessments after completion of the improvements
(the "Credit Date") without interest.
56
RESOLUTION NO. 90-53
If not paid in full the special assessments may be paid in
five equal yearly installments of principal plus interest.
If not paid when due, there shall be added a penalty of 11%
of the principal not paid when due. The unpaid balance of
the special assessments shall bear interest at a rate of 12%
from the Credit Date until paid.
.5. There is presently on file with the Department of
Utility Services a plat showing the area to be assessed,
plans and specifications, and an estimate of the cost of the
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An assessment roll with respect to the special
assessments shall promptly be prepared in connection with
the specia•I assessments.
7. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time in the Vero
Beach Press Journal before the public hearing required by
§11-46.
The resolution was moved for adoption by Commissioner
Scurlock and the motion was seconded by Commissioner
Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert Absent
Vice Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 1st— day of — May , 1990.
Attest
*ne .mart n,
�J, �6 CT
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N BIRD
Vice Chairman
57
BOOK F'�1 �E1Q•,J
MAY 11990 RESOLUTION NO. 90- 54 BOOK
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY ON THE
WEST SIDE OF U. S. #1 BETWEEN 10TH AND 4TH STREETS
AN6 °T—PgR*9oN9--i REST s TRERFTN-7)fAY-APPgAR
BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPRIETY AND ADVISABILITY OF
CONSTRUCTING A SEWER FORCE MAIN, AS TO THE COST
THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND
AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED
AGAINST EACH PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian
River County has, by Resolution No. 90-53 , determined that
it is necessary for the public welfare of the citizens of
the county, and particularly as to those living, working,
and owning property within the area described hereafter,
that a sewer force main be installed in approximately 17
properties hereinafter described; and
WHEREAS, It has been determined that the cost to be
specially assessed with respect thereto shall be $.140659556
per square foot; and
WHEREAS, the Board of County Commissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other persons interested therein may appear before,
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such system, as
to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers in the County Administration Building at
the hour of 9:05 A.M. on Tuesday, May 22, 1990, at which
time. the owners of the properties to be assessed and any
other persons interested therein may appear before said
Commission and be heard in regard thereto, the area to be
58
improved and the properties to be specially benefited by the
construction of such system are more particularly described
upon the assessment plat and the assessment roll, with
regard to. the special assessments.
2. That all persons interested in the construction of
said system and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
system, and an estimate of the cost thereof at the
Department of Utility Services any week day from 8:30 A.M.
until 5:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of Utility Services by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services.Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
such time and place, which shall be served by mailing a copy
of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner
Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert Absent
Vice -Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler A,yye
Commissioner Margaret C. Bowman ca Approved Date
i�—Admin. Z3 rye)
Legat i—
(3udget
Ucgl. , q -Z3 v
Risk Mgr.
The Chairman thereupon declared the resolution duly
passed and adopted this 1st day of May 1990.
Attest BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
4,49 ey 6rr on , -I er - RICHARD N. BIRD.
VICE Chairman
59
BOOK
SAY 1199a
BOOK ,
SEWER COLLECTION SYSTEM IMPROVEMENTS - U.S. #1 NORTH OF 12TH
STREET
Administrator Chandler explained the emergency for placing
this on today's Agenda is because no Commission me.eting is
scheduled for May 29 and we have to go out to bid before that.
Attorney Vitunac explained that these resolutions will be
the same as the two just passed, only on a different project.
Director Pinto advised that the project has been approved
and designed, and all we are doing now is going through the
assessments and receiving bids. The final assessment will come
back before the Board. Staff is recommending that the Board
adopt two resolutions today, one providing for the preliminary
assessment of the sewer collection system improvements on the
east side of U.S. #1 north of 12th Street, and one to set the
time and place of the Public Hearing.
After a brief discussion, the Board scheduled the Public
Hearing for 9:05 o'clock A.M. on Tuesday, May 22, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman. Eggert being absent) adopted Resolution 90-55,
providing for sewer collection system improvements on
the east s'ide of U. S. #1 north of 12th Street;
providing the total estimated cost, method of payment
of assessments, number of annual installments, and
legal description of areas specifically served.
ON MOTION by Commissioner Scurlock, SECONDED by
h
Commissioner Bowman, the Board unanimously (4-0,
Chairman Eggert being absent) adopted Resolution 90-56,
setting a time and place at which the owners of
property on the east side of U.S. #1 north of 12th
Street and other interested persons can be heard before
the Board of County Commissioners.
60
r � �
RESOLUTION NO. 90-55
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR
SEWER COLLECTION SYSTEM IMPROVEMENTS ON THE EAST
SIDE OF U. S. #1 NORTH OF 12TH STREET; PROVIDING
THE TOTAL EST I M/Ct�i-6—ZB3METHO--OF— PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described are necessary to promote the public welfare of
the county and has determined to defray the cost thereof by
special assessments against the properties specially
benefited. thereby, which Improvements are hereinafter
referred to as Project No. US -88 -10 -CCS,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a sewer
collection system shall be installed on the East side of
U. S. #1 north of 12th Street, and the cost thereof and In
connection therewith shall be specially assessed In
accordance with the provisions of §11-42 through §11-47 of
the Code of Laws and Ordinances of Indian River County.
2. The total estimated cost of the above-described
Improvements Is shown to be $39,050 (or $0.309994443 per
square foot) to be paid by the property specially benefited
as shown on the assessment plat on file with the Department
of Utility Services.
s
3. A special assessment in the amount of $0.309994443
per square foot shall be assessed against each of the
properties designated on the assessment plat. This
assessment may be raised or lowered by action of the Board
of County Commissioners after the pubic hearing required by
the referenced County code.
4. The special assessments shall be due and payable
and may be paid In full within 90 days after the date of
the resolution of the Board with respect to credits against
the special assessments after completion of the improvements
(the "Credit Date") without interest.
BOOK ! N.10"
61
Y 1 I0
BOOK rC PA,�Ec+
RESOLUTION NO. 90-55
If not paid in full the special assessments may be paid in
five equal yearly installments of principal plus interest.
If not paid when due, there shall be added a penalty of 11%
of the principal not paid when due. The unpaid balance of
the special assessments shall bear interest at a rate of 12%
from the Credit Date until paid.
5. There is presently on file with the Department of
UtlIIty Services a plat showing the area to be assessed,
plans and specifications, and an estimate of the cost of the
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An assessment roll with respect to the special
assessments shall promptly be prepared in connection with
the special assessments.
7.. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time in the Vero
Beach Press Journal before the public hearing required by
§11-U6.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner'
Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert Absent
Vice Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 1st day of May, 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest By
RI��IAID•N. BIRD
_ Vice a rman
J r y Ba on, CTe cT—
/y InJ;an n!ver Ca 11p(*roved Date
Lund
V7
62
RESOLUTION NO. 90- 56
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY ON THE
EAST SIDE OF U. S. #1 NORTH OF 12TH STREET AND
(MRER-PERSOWTRTERE=5-7R€RETN-1-4-AFAR-$FORE
THS BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS
TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING
A SEWER COLLECTION SYSTEM, AS TO THE COST THEREOF,
AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO
THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED
AGAINST EACH PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian
River County has, by Resolution No.. 90-55 , determined that
It is necessary for the public welfare of the citizens of
the county, and particularly as to those living, working,
and owning property within the area described hereafter,
that a sewer collection system be installed in approximately
4 properties hereinafter described; and
WHEREAS, it has been determined that the cost to be
specially assessed with respect thereto shall be $.309994443
per square foot; and
WHEREAS, the Board of County Commissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such system, as
to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE -BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers in the County Administration Building at
the hour of 9:05 A.M. on Tuesday, May 22, 1990, at which
time the owners of the properties to be assessed and any
other persons interested therein may appear before said
Commission and be heard in regard thereto, the area to be
63 BOOK 1 f:1Gr
MAY 1 9
� 1 90
MAYBOOK �99a 7g�
, lc�',;
Improved 'and the properties to be specially benefited by the
construction of such system are more particularly described
upon the assessment plat and the assessment roll, with
ti
regard to the special assessments.
2. That all persons interested In the construction of
said system and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
system, and an estimate of the cost thereof at the
Department of Utility Services any week day from 8:30 A.M.
until 5:00 P.M.
3.* Notice of the time and place of this public hearing
shall be given by the Department of Utility Services by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
such time and place, which shall be served by mailing a copy
of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner
Bowman and, upon being put to a vote, the vote was as
follows:.
Chairman Carolyn K. Eggert Absent
Vice -Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the.'resolution duly
passed and adopted this 1st day of _May 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Attest RICHARp�/ BIRD
�� Vice Chairman
rey Ston,, Ter
63a
CONTRACT WITH CITY OF VERO BEACH RE SEPTAGE TREATMENT AND
DISPOSAL
The Board reviewed the following memo dated 4/26/90:
TO: Board of County Commissioners
FROM: Charles P. Vitunac - County Attorney
DATE: April 26, 1990
RE: CONTRACT WITH CITY OF VERO BEACH
RE: SEPTAGE TREATMENT AND DISPOSAL
AGENDA - BOARD MEETING 5/1/90
The Utilities Services Department is planning to build a
septage treatment and disposal facility to handle the
septage requirements of the entire county including the City
of Vero Beach.
Since the facility will have to be paid for from revenue
generated by the facility, it is necessary that the revenue
expected from the City of Vero Beach septage customers will
be guaranteed so that financing can be obtained for the
construction of the plant.
The attached contract between the County and the City
obligates the City to bring its septage to the County
facility for treatment and disposal and forbids the City to
compete with the County or allow competition with the County
in septage treatment facilities. Further the agreement
provides that there will be a charge against any septage
user within the City who converts to City sewer service.
The charge will be $300 per equivalent residential unit
reduced by $15 per year. This fee would be paid to the
County as reimbursement for the revenue which that unit
would have produced for the septage financing. The
agreement would obligate the City for twenty years.
Staff recommends approval of the contract.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the.. Board approve the
contract with the City of Vero Beach as recommended by
the County Attorney.
Under discussion, Vice Chairman Bird understood that t"his
doesn't resolve the matter with the City of Vero Beach over the
sludge situation, and Commissioner Scurlock stated that it did
6 4
AY 11990 Boos
MAY 11990 boor. 79 F,
not. However, Administrator Chandler, Director Pinto and himself
spent a couple of hours with Mayor Smith a couple of weeks ago
and went over a lot of utility issues, and he felt you will see a
better dialogue with them over the next year as a result of that
meet-ing.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0, Chairman
Eggert being absent).
(CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD)
FINANCE ADVISORY COMMITTEE REPORT
Commissioner Scurlock reported on the following major items
that were discussed at the recent FAC meeting:
1) Financing
for
the Rockridge System
Commissioner Scurlock
reported that
the
FAC's recommendation
is to move ahead to
prepare packets that will be sent not only to local banks but
also to sophisticated investors as well as underwriters.
However, we don't anticipate any underwriter being involved in
this particular issue since it will be a private -type placement.
We have made every effort to market this locally, but that has
not happened, and we are out on the street looking for proper
placement at the right interest rate. `
2) Bond Counsel As you know, we look at all our professional
services on a regular basis, and Attorney Vitunac advised the FAC
that he was very pleased with the performance of Rhodes S Sinon;
that he felt we have a good team in place; and that a reasonable
price was being charged for the services rendered. He
recommended to the FAC to continue our relationship with Rhodes &
65
Sinon on a case by case basis, and it is the FAC's unanimous
recommendation that we continue with our current bond counsel.
3) Financial Advisor Our contract with Art Diamond expired last
month, and the FAC's recommendation to the Board is that Director
Baird be authorized to prepare a request for proposal for
financial advisory services. Director Baird indicated that he
was very pleased with Art Diamond's work and there was no
problem, but we just felt that we would like to go back out and
take a look at who is there and what services are provided. A
selection committee will be established by the County
Administrator and a recommendation will come back to the Board,
and it may in fact be Art Diamond again. However, the fact is
that we will be taking a fresh look at it.
RESOLUTION OPPOSING THE U.S. HOUSE BUDGET AND HOUSE WAYS AND
MEANS COMMITTEES' PROPOSAL TO ELIMINATE OR RESTRICT LOCAL TAX
DEDUCTIONS
The Board reviewed the following memo dated 4/20/90:
TO: Board of County DATE: April 20, 1990 FILE:
Commissioners
SUBJECT: Local Tax Reductions
FROM: Gary C. Wheeler REFERENCES:
County Commissioner
I respectfully request that the County Commission send a
Resolution strongly opposing the U.S. House Budget, and
House Ways and Means Committees proposal to eliminate or
restrict local tax deductions. I would suggest that the
Resolution be sent to both of our U.S. congressmen; 'Speaker
of the House Tom Foley; U. S. Representative Dan Rostenkowski;
Leon Panetta, Chairman of House Budget Committee.
I am in firm agreement with the comments of Ann Klinger, NACo
President.
BOOK
66
MAY 11990
f • r
µ.eJ A
BOOK fi, 1V b
Commissioner Wheeler felt the proposal to eliminate 'or
restrict local tax deductions smacks of federalism, and
emphasized that 500 of our funding from the state and federal
governments has disappeared in the past decade. He strongly
recommended that the Board adopt a resolution in opposition to
the proposal, and that the resolution be sent to both of our U.S.
Congressmen and the others mentioned in the above memo.
Attorney Vitunac advised that this is the #1 priority of
FACo as well and our state is fighting it with all its resources,
so we will just add our resolution to that.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 90-57 to the Congress of the United States
of America opposing the U.S. House Budget and House
Ways and Means Committees' proposal to eliminate or
restrict local tax deductions.
RESOLUTION NO. 90-57
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE
CONGRESS OF THE UNITED STATES OF AMERICA
OPPOSING THE U.S. HOUSE BUDGET AND HOUSE WAYS
AND MEANS COMMITTEES' PROPOSAL TO ELIMINATE OR
RESTRICT LOCAL TAX DEDUCTIONS.
WHEREAS, in order to come up with the $15 billion in
new taxes proposed in the president's budget, the Speaker of
the House Tom Foley and U. S. Representative Dan
Rostenkowski have discussed a "potential revenue raisers'
list" which includes a proposal to eliminate or restrict the
state and local income or property tax deductions; and
WHEREAS, this proposal to eliminate deductibility
would strike at the basic principle of federalism that has
been inherent in the Income tax system since it was first
enacted in 1913; and
67
WHEREAS, deductibility has always been accepted as an
essential constitutional principal to protect the integrity
and fiscal independence of the separate states and local
governments; and
WHEREAS, repeal of deductibility would be a direct
interference with the most fundamental of all state and
local government rights, I.e., the power of each to raise
revenue and finance services as it deems appropriate; and
WHEREAS, this proposal only continues the squeeze on
S
state and local governments at a time when we are attempting
to finance increasing public service demands with fewer
dollars from the federal government; and
WHEREAS, grant-in-aid to state and local governments
has been slashed by more than 50 percent over the last
decade and major national studies show that counties have
had to raise revenues to replace their lost federal dollars,
and elimination or restriction of the deduction for this tax
will make it even harder for counties to raise the necessary
revenues; and
WHEREAS, this is the largest single deduction taken
by the nation's taxpayers,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board respectfully requests the members of Congress to
oppose all efforts to eliminate or restrict the state and
local tax deduction.
The resolution was moved for adoption by Commissioner
Wheeler and the motion was seconded by Commissioner Bowman,
and, upon being put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Absent
Vice -Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
.Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 1st day of May, 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
R cFi—ar N. Bird
Vice Chairman
68 h r
MAY 1990 MOK I F,1u1U 6
BOOK ��
MAY 11990 '9 Ff�r,4
SOUTH COUNTY FIRE DISTRICT
The Vice Chairman announced that immediately following
adjournment of this meeting, the Board will reconvene as the
District Board of Fire Commissioners of the South County Fire
District. Those minutes are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
The Vice Chairman announced that immediately following
adjournment of today's meeting of the South County Fire District,
the Board will reconvene as the District Board of Commissioners
of the Solid Waste,Disposal District. Those minutes are being
prepared separately.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:01 o'clock A.M.
ATTEST:
Clerk
69
J�L� � /, a,4�
�/ Cha irma
i/77-