HomeMy WebLinkAbout6/5/1990a
BC:)/kME3ACT 1 ON 1 MPLEMENTAT 1 ON
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
REGULAR MEETING
JUNE 5, 1990
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman James E. Chandler, County Administrator
Richard N. Bird, Vice Chairman
Margaret C. Bowman Charles P. Vitunac, County Attorney
Don C. Scurlock, Jr.
Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board
9:00 AM 1.
2.
3.
CALL TO ORDER
INVOCATION - G. P. LaBarre, Retired
Trinity Episcopal Church
PLEDGE OF ALLEGIANCE - Richard N. Bird
Vice Chairman
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
See Items: 6N, 1OB2, 12A, 12B, 12D, 12E2, 12E3
5. APPROVAL OF MINUTES
None
6. CONSENT AGENDA
Approved. A. Request Approval for Out -of -County
Travel for Commissioner Scurlock
to Attend GRCDA's Annual International
Solid Waste Exposition, Aug. 20-24,
1990, Vancouver, British Columbia,
Canada
Res. 90-69 B. Breezy Village Utility Easements
(Memorandum dated 5/23/90)
C. Release of County Utility Liens
Approved. (Memorandum dated 5/22/90)
D. Request for Site Plan Extension for
Approved. Randy Mosby on Behalf of Fast Food
Enterprises
(Memorandum dated 6/22/90)
E. Request for Site Plan Extension for
Approved. Rev. Luke Martin on Behalf of Evening
Star House of the Lord
(Memorandum dated 5/22/90)
L
BOOK
JUN 51990 ,� 7)
BOOK rv'L
6. CONSENT AGENDA - CONTINUED
F. Ind. Rvr. Lagoon Spoil Island
Deferred to June 12th Management Plan
meeting. (Memorandum dated 5/22/90)
Approved.
G.
IRC Bid 90-77, Tractor Mower
None
-9:05 AM 8.
(Memorandum dated 5/27/90)
Approved.
H.
IRC Bid 90-83, Irrigation System
any funds, subject to approval (Letter dated 5/16/90)
: 1990/91 budget request.
oder law, approve request.
of Grapefruit Grove
of Contingency , Funds 1989-90
(Memorandum dated 5/29/90)
Operating Budget
I.
IRC Bid 90-84, 3.0 Membrane
Approved.
Expansion for RO Plant
B. PUBLIC HEARINGS
dification
(Memorandum dated 5/30/90)
Approved.
J.
United Parcel Service Covenant
1. 12th Ave. between 12th St. & 14th St.
to Construct Certain Off-site
3. 85th Ave. & 85th Ct., Paradise Park
Improvements
4. 35th Ave. from 4th St. to'6th St.
(Memorandum dated 5/29/90)
K.
Final Plat Approval for CGN
Approved.
thorize County Admin. to
them facts report back
Subdivision -
Commission.
.
(Memorandum dated 5/30/90)
(Memorandum dated 5/23/90)
L. Request Authorization to Issue
Approved. Change Order #1 and #2 for North
County Community Library _
(Memorandum dated 5/22/90)
M. Agreement: IRC and Nancy Jo Branigan
Approved- Temporary Water Service
(Memorandum dated 5/22/90)
Approved- N. Proclamation - Charlie Hudnell
7.
CLERK TO THE BOARD
None
-9:05 AM 8.
A. PUBLIC DISCUSSION ITEMS
ith. Attorney's office to send
1) Sheriff's Request for FY 1990-91
atter of intent but not encumber- Capital Outlay Budget
'ig
any funds, subject to approval (Letter dated 5/16/90)
: 1990/91 budget request.
oder law, approve request.
2) Sheriff's Request for Transfer
of Contingency , Funds 1989-90
Operating Budget
Res. 90-70 assess City of V.B.
'500.
(Letter dated 5/15/90)
County to pick up balance
City's assessment.
Res. 90-71 - approved with
B. PUBLIC HEARINGS
dification
Res' 90-72 - approved.
Res. 90-73 - approved
Paving & Drainage Improvements:
.th 5 year payments.
1. 12th Ave. between 12th St. & 14th St.
2. 15th Pl. east of US#1 to 7th Ave.
3. 85th Ave. & 85th Ct., Paradise Park
4. 35th Ave. from 4th St. to'6th St.
(Memorandum dated 5/22/90)
9.
COUNTY ADMINISTRATOR'S MATTERS
thorize County Admin. to
them facts report back
Land Acquisition
Commission.
.
(Memorandum dated 5/30/90)
f
10. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Res. 90-74 approved. Release of Easement, John Laird
Lot 24, Block J, Indian River
Heights Subdivision Unit #7
(Memorandum dated 5/15/90)
B. EMERGENCY MANAGEMENT
Approved. 1. Approval of C.O. #2, Phase III
IRC Jail
(Memorandum dated 5/23/90)
Approved. 2. C.O. #3, IRC Jail
C. GENERAL SERVICES
None
Approved.
Approved.
Approved.
Decline delay of development
of park. Accept grant for
$120,000.
Approved including verbage
in contract "under threat
of condemnation".
Approved.
Approved.
Approved.
JUN 51990
D. LEISURE SERVICES
Use of County Fairgrounds by the
National Guard
(Memorandum dated 5/21/90)
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1) Time Extension for Kimley-Horn
& Assoc, Inc. on Petition Paving
Projects: Frangipani Drive
10th Court .
1st'. Place
39th Avenue
-(Memorandum dated 5/18/90)
2) Request from Residents of Wabasso
for County to Construct an Unpaved
Roadway Along 62nd Ave. South
of CR -510
(Memorandum dated 5/15/90)
3) Request from US Dept. of the Interior
Fish & Wildlife Service for Two-year
Delay in Developing Treasure Shores
Park
(Memorandum dated 5/21/90)
4) I.R. Blvd. Phase IV Right-of-way
Purchase, Parcel $101 - Margaret
Knight; Parcel #102 - C. Reed Knight
Parcel #103 - D. Victor Knight
(Memorandum dated 5/23/90)
5) CR -512 Corridor Improvements, Florida
East Coast Railroad Crossings
(Memorandum dated 5/7/90) -
6) Resolution.:: (1) Open Road Cut:
Maintenance Bond, and (2) Non -franchised
User Fees
(Memorandum dated 5/22/90)
7) night -of -way Acquisition along 74th
Ave., Pat Luther, Owner of Lot 16 in
Westlake Estates Subdivision
(Memorandum dated 5/.29/90)
JUN 5 1990 BOOK ;:80 FA E
10. DEPARTMENTAL MATTERS - CONTINUED
H. UTILITIES
Approved. Final Payment to Hydropro, Inc.
for Rivers Edge Water Treatment
Plant Installation
(Memorandum dated 5/23/90)
11. COUNTY ATTORNEY
None
12. COMMISSIONERS ITEMS
June 22nd - 3:30 p.m. A. CHAIRMAN CAROLYN K. EGGERT
1st Fl. Conf. Room Joint City/County Meeting
B. VICE CHAIRMAN RICHARD N. BIRD
Report on P.H. in Cocoa re:
Manatee Protection Plan
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER DON C. SCURLOCK, JR.
Authorize Co. Admin. to pursue
Pursue negotiations for 20 acres at I95 & CR517
negotiations for property at
I-95 & C.R. 512
E. COMMISSIONER GARY C. WHEELER
No action - will be discussed
in Planning Workshop on 6/14.
Noise Ordinance
(Memorandum dated 5/30/90)
Accept substance abuse Comm.
2. Anti Drug Abuse Plan
rec. & process w/grant
3. Report on conversation w/Judge Geiger
application 13.
SPECIAL. DISTRICTS Action: Suggest 12 jurors be picked
for Wyatt murder trail & brought
to IRC instead of sending 227 witnesses
A. SOUTH COUNTY FIRE DISTRICT to Pensacola - Judge receptive
to suggestion.
Authorization to Delete Surplus
Approved.
Items from Fixed Assets Inventory
(Memorandum dated 5/23/90)
B. SOLID WASTE DISPOSAL DISTRICT
Approved.
1) Approval of 4/10/90 Minutes
Approved.
2) Approval Of 5/1/90 Minutes
Approved.
3) IRC Bid 90-73, Fork Lift, End
Loader, Tool Carrier
(Memorandum dated 5/27/90)
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
1
Tuesday, June 5, 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, June
5, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert,
Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don
C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James
E. Chandler, County Administrator; Charles P. Vitunac, Attorney
to the Board of County Commissioners; Joseph Baird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Father G. P. LaBarre of Trinity Episcopal Church gave the
invocation, and Commissioner Bird led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert requested the following additions:
1. As Item N on the Consent Agenda, a Proclamation in
appreciation of the assistance of Charlie B. Hudnell.
2. A discussion on Anti -Drug Abuse Grants.
3. Scheduling of a joint meeting with the City of Vero Beach
to discuss effluent reuse.
4. Change Order No.3 on Phase III of the Jail.
Commissioner Scurlock requested the addition of discussion
regarding the possibility of a donation of 20 acres at the
1-95/CR-512 interchange for a north county office complex.
Commissioner Bird requested the addition of a brief report
on the DNR Meeting of June 4th in Cocoa on the manatee protection
plan.
BOOK
F,
JUN 51990
BOOK 80 PAGE 20.'.
Commissioner Wheeler requested the addition of a brief
report on his suggestion to Judge Geiger for transporting the
jurors in the Wyatt trail from Pensacola to Vero Beach.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
CONSENT AGENDA
Commissioner Scurlock requested that Items I and N be
removed from the Consent Agenda for discussion, and Commissioner
Bird requested that Item F be removed also.
Approval for Out -of -Country Travel
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved out -of -country travel for Commissioner
Scurlock to attend GRCDA's Annual International
Solid Waste Exposition, August 20-24, 1990, in
Vancouver., British Columbia, Canada.
B. Breezy Village Utility Easements
The Board reviewed the following memo dated 5/23/90:
TO: Board) of County Commissioners
(U
FROM: Charles P. Vitunac - County Attorney
DATE: May 23, 1990
RE: BREEZY VILLAGE UTILITY'EASEMENTS
The Utility Services Department has recently undertaken
responsibility for water and sewer service to Breezy Village
and, as part of the interconnection of this park with the
regional system, It Is necessary for the County to formally
accept the platted utility easements within the park.
The attached resolution is this formal acceptance and staff
recommends approval and authorization for the chairman to
execute It.
2
I
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously adopted
Resolution 90-69, formally accepting utility easements
dedicated by the plat of Breezy Village Mobile Home
Subdivision, Unit 1 at Plat Book 9, Page 34, Public
Records of Indian River County, Florida.
RESOLUTION NO. 90-.EqM
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING UTILITY
EASEMENTS DEDICATED BY THE PLAT OF
BREEZY VILLAGE MOBILE HOME SUBDIVISION;
UNIT 1 AT PLAT BOOK 9, PAGE 34, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, the fee simple owners of land described
In the Plat of Breezy Village Mobile Home Subdivision, Unit
1 as shown as Plat Book 9, Page 34, Public Records of Indian
River County, Florida, dedicated easements shown on the plat
for the use of the property owners Fn that subdivision and
necessary utilities on March 18, 1976; and
WHEREAS, by the express language of the
Certificate of Dedication and the Certificate of Approval by
the Board of County Commissioners, the easements would not
be accepted or maintained by Indian River County until there
was a formal acceptance of streets and/or easements or any
part thereof by Indian River County; and
WHEREAS, Indian River County has taken over
operation of the private utility system within the Plat of
Breezy Village Mobile Home Subdivision, Unit 1, and as such
are the necessary utility provider,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
those easements shown on the Plat of Breezy Village Mobile
3
JUN 5.1990 BOOK 80 ["a
r�g �99Q
J UR _ _._ BOOK 80 PAGE 203
Home Subdivision, Unit 1, at Plat Book 9, Page 34 of the
Public Records of Indian River County., Florida are hereby-
formally
erebyformally accepted.
The foregoing resolution was offered by
Commissioner Wheeler _ and seconded by Commissioner
Scurlock_, and being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert _Aye
Vice Chairman Richard N. Bird _Aye
Commissioner Margaret C. Bowman Afire
Commissioner Don C. Scurlock, Jr. _Aye
Commissioner Gary C. Wheeler Armee
The Chairman thereupon declared the resolution
duly passed and adopted this 5th_ day of June 11 1990•
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, -FLORIDA
By A'�
aroly K. Egger. hairman
C. Release of County Utility Liens
The Board reviewed the following memo dated 5/22/90:
TO: Board of County Commissioners
FROM: Sandy Bartolucci - County Attorney's Office
DATE: May 22, 1990
SUBJECT: CONSENT AGENDA - BCC MEET-ING 6/5/90
RELEASE COUNTY UTILITY LIENS
I have prepared the following routine lien -related documents
and request the Board authorize the Chairman to execute
them:
Release of Special Assessment Lien
for ROCKRIDGE SEWER PROJECT as follows:
1. Tax I.D. #01-33-39-00035-0210-00005.0
In the name of MABEL K. MATHIAK
2. Tax I.D. #01-33-39-00035-0210-00007.0
In the name of -DOROTHY M. CORCORAN
4
3. Tax I.D. #01-33-39-00035-0210-00011.0 E 12.0
In -the name of CARLENE MURPHY 8 SANDRA J. CIRONE
4. Tax I.D. #01-33-39-00036-0200-00004.0
In the name of CHARLES LEEPER 8 MARTHA LEEPER
5. Tax I.D. #01-33-39-00036-0200-00007.0
In the name of ERMINE SORRELL
6. Tax I.D. #01-33-39-00036-0200-00008.0
In the name of HARVEY BURNSIDE 8 DOROTHEA BURNSIDE
7. Tax I.D. #01-33-39-00036-0200-00018.0
In the"name of ALBERT N. GATES & FAY M. GATES
8. Tax I.D. #01-33-39-00036-0200-00020.0
in the name of LENA MOORE 6 GEORGE K. MOORE; JR.
9. Tax I.D. #01-33-39-00036-0230-00006.0
in the name of LAURA M. DAVIS
10. Tax I.D. #01-33-39-00036-0230-00007.0
In the name of SALVATORE MARTINI S PHILOMENA
MARTINI
11.
Tax
I.D. #01-33-39-00036-0230-00012.0
_
In
the name of RALPH R. COSTA 8'EULALIE COSTA
12.
Tax
I.D. #01-33-39-00036-0240-00002.0
In
the name of MILDRED O'NEAL
13.
Tax
I.D. #01-33-39-00036-0240-00009.0
In
the name of HARRY MORRIS 8 MARIE S. MORRIS
14.
Tax
I.D. #01-33-39-00037-0260-00015.0
In
the name of STELLA C. MAYS `
15. Tax I.D. #01-33-39-00036-0240-00016.0
in the name of ANNIE VAN STEINBURGH
16. Tax I.D. #12-33-39-00000-1000-00001.0
in the name of CARMEN C. NICOTRA
17. Tax I.D. #12-33-39-00001-0001-00011.0
in the name of MARGARET ALLEN
16. Tax I.D. #12-33-39-00001-0001-00019.0
in the name of MABEL K.`MATHIAK
18. Tax I.D. #12-33-39-00001-0002-00013.0
In the name of CHARLES A. PIEKUT
T9. Tax I.D. #12-33-39-00001-0003-00002.0
in the name of DOLLIE H. GRIFFIN
20. Tax I.D. #12-33-39-00001-0004-00001.0
in the name of CHRIS STRAUB, ENA STRAUB
IRENE GOLDSTEIN
21. Tax I.D. #12-33-39-00002-0006-00016.0
in the name of EDWARD LELLBACH E SOPHIE LELLBACH
22. Tax I.D. #12-33-39-00002-0007-00010.0
in the name of MARY A. MASELBAS
23. Tax I.D. #12-33-39-00003-0007-00018.0
In the name of LOUISE SANNELLA
24. Tax I.D. #12-33-39-00003-0008-00017.0
in the name of VIVIANOLSSON
5 �oo�
JUN 51990 �
,
JUN � X990
BOOK 80 PAGE 215
25. Tax I.D. #12-33-39-00003-0008-00018.0
in the name of MARY HAZEL DAVIS '
26. Tax I.D. #12-33-39-00003-0010-00001.0
In the name of JOHN R. WOLF E FLORENCE WOLF
27. Tax I.D. #12-33-39-00003-0010-00013.0
in the name of NEILS KRAGH, JUNE K. ORTZEL and
KATHARINA B. KRAGH
28. Tax I.D. #12-33-39-00003-0011-00002.0
in the name of PHILIP COLLINS 8 BLANCHE COLLINS
29. Tax I.D. #12-33-39-00003-0011-00011.0
in the name of MARY A. MASELBAS
30. Tax I.D. #12-33-39-00003-0012-00008.0
In the name of SOPHIE GURKA
31. Tax I.D. #12-33-39-00004-001'5-00003.0
in the name of DONALD ZIER 8 GRETCHEN ZIER
-32. Tax I.D. #12-33-39-00004-0016-60013.0
In the name of WILLIAM ROGERS 8 CONSTANCE ROGERS
33. Tax I.D. #07-33-40-00001-0012-00020.0
in the name of WALTER KEEHNER 6 AUDREY KEEHNER
34. Tax I.D. #01-33-39-00037-0250-00017.0
In the name of JAMES A. HARTSOCK
,Satification of Impact Fee Lien Agreement
in the name of ANNIE SANDERS
!Satification of Impact Fee Lien Agreement
In the name of ELLIS BUCKNER & BETTY BUCKNER
Satification of Impact Fee Lien Agreement
In the name of TERRY SCHLEICHER 8 SHEREE SCHLEICHER
Partial Release of Assessment Lien
Lone Palm Park Water Main
In the name of G L G HOMES, INC.
Release for Sewer Assessment Lien for
6TH AVENUE and 8TH STREET as follows:
Tax I D #13-33-39-00000-1000-00002.0
In the name of Fred Smeltzer 8 Katherine Smeltzer
Tax I D #13-33-39-00000-1000-00042.0
in the name of Scotty's, Inc.
Tax I D #13-33-39-00000-1000-00003.0
In the name of Fred Smeltzer 8 Katherine Smeltzer
Tax .1 D #13-33-39-00000-1000-00010.0
In the name of Kenneth R. Schindler
6
5. Tax 1 D #13-33-39-00000-1000-00005.0
In the name of EVELYN ELIZABETH.BEAL
6. Tax I D #13-33-39-00000-1000-00041.0
In the name of ARTHUR R. KARST
7. Tax I D #13-33-39-00000-1000-00047.0
In the name of JAMES MANNIX &'JOSEPH MATTONE
8. Tax I D #13-33-39-00000-1000-00004.0
In the name of STEVEN SMELTZER 8 ROSE SMELTZER
9. Tax 1 D #13-33-39-00000-1000-00006.1
In the name of PAUL C. WHITE 8 STELLA L. WHITE
10. Tax 1 D #13-33-39-00000-1000-00006.0
In the name of PAUL C. WHITE E STELLA L. WHITE
Back-up Information for the above documents is on file In
the County Attorney's Office. `
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the release of the above listed lien -related documents,
as recommended by staff.
RELEASES OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE
D. Request for Site Plan Extension for Randy Mosby on Behalf of
Fast Food -Enterprises
The Board reviewed the following memo dated 6/22/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Rober M. a t'
iivgl
Community DevelopmenY Director
THROUGH: Stan.Boling,AICP
Planning Director
FROM: Christopher D. Rison
Staff Planner CurrenOD4eveloP ment
DATE: June 22, 1990
SUBJECT: REQUEST FOR SITE PLAN EXTENSION FOR RANDY MOSBY ON BEHALF
OF FAST FOOD ENTERPRISES
SP -MA -88-05-40
OFFICE BUILDING
It is requested that .the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 5, 1990.
7 BOOK 60 SAGE POP
'JUN 51990
JUN 5 1990
BOOK 80 mGE 2®
DESCRIPTION AND CONDITIONS:
On April 13, 1989, the,Planning and Zoning Commission approved a
major site plan application submitted by Mosby and Associates,
Inc., on behalf of Fast Food Enterprises. Approval was given to
construct a 7,564 sq. ft. office building at 144 Vista Royale
Square. Randy Mosby, on behalf of Fast Food Enterprises has
requested that a site -plan extension be granted.
Due to equipment and personnel delays, Fast Food Enterprises has
been unable to commence construction of the approved site plan.
Pursuant to Section 23.1(G)(2) of the Indian River County Zoning
Code, Fast Food Enterprises submitted a request for site plan
extension prior to the expiration date of the approved site plan.
As provided for, the Board of County Commissioners may act upon
this request.
Some regulations have changed, since the time of site plan
approval, that would slightly affect the project's design if it'
were reviewed as a new application today. The members of the
_Technical Review Committee (TRC), except for the representatives
of the Public Works Department, concur that the changes that have
occurred are not significant enough to require any site plan
revisions. Public Works, however, would require an additional
change:
1. A traffic sign and markings plan, approved by .the County
Traffic Engineer, must be provided on the site.
If this and all conditions required by the previous Planning and
Zoning Commission approval are met, all members of the TRC agree
that site plan extension should be granted.
Pursuant to the provisions of Section 23.1(G)(2), Appendix A of the
Zoning Code, Fast Food Enterprises is requesting a full 1 year
extension of the approved site plan. Pursuant to Section
23.1(g)(2), the Board can attach any conditions to the approval
extension request that it deems necessary. In staff's opinion,
with the minor condition cited, the subject site plan application
would substantially conform to current requirements.
RECOMMENDATION:
Staff recommends approval of Mr. Mosby's request for a one year
extension of the approved site plan subject to the following
condition: .,
1. A traffic sign and markings plan, approved by the County
Traffic Engineer, must be provided on the site.
The new site plan expiration date, subject to all previous
conditions as well as the additional condition, will be April 13,
1991.
8
I
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
a one-year extension of the approved site plan subject
to the condition set out in the above staff
recommendation.
E. Request for Site Plan Extension for Rev. Luke Martin on
Behalf of Evening Star House of the Lord
The Board reviewed the following memo dated 5/22/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. KeAtilp, AWP
Community Developmen Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: Christopher D. Rison
Staff Planner,. Current Development
DATE: May 22, 1990
SUBJECT: REQUEST FOR SITE PLAN EXTENSION FOR REV. LUKE MARTIN ON
BEHALF OF EVENING STAR HOUSE OF THE LORD
SP -MA -88-08-58
PLACE OF WORSHIP
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 5, 1990.
DESCRIPTION AND CONDITIONS:
On June 8, 1989, the Planning and Zoning Commission approved a
major site plan application, submitted by Mosby and Associations,
Inc., on behalf of the evening Star House of the Lord, to construct
a 2,400 sq. ft. place of worship to be located at 2126 86th Court.
The Planning and Zoning Commission granted Administrative Permit
approval and site plan approval for the project.
Rev. Luke Martin, on behalf of Evening Star House of the Lord, has
requested that a site plan extension be granted. Due to a variety
of complications, Evening Star House of the Lord has been unable
to commence construction of the approved site plan. Furthermore,
Evening Star House of the Lord is of the opinion that the current
site plan approval expiration date will pass before construction
can commence. If no construction has begun by June 8, 1990, the
site plan approval will lapse unless otherwise extended by the
Board of County Commissioners.
BOOK
9 1.) �' .
JUN 5 1991
F,
JUN 5 1990
BOOK 80 PA'UE 2()
Some regulations have changed, since the time of site plan
approval, that would slightly affect the project's design if it
were reviewed as a new application today. The members of the
Technical Review Committee (TRC), except for the representatives
of the Public Works Department, concur that the changes that have
occurred are not significant enough to require any site plan
revisions. Public Works, however, would require an additional
change:
1. A traffic sign and markings plan, approved by the -County
Traffic Engineer, must be provided on the site.
If this and all conditions required by the previous Planning and
Zoning Commission approval are met, all members of the TRC agree
that site plan extension should be granted.
Pursuant to the provisions of Section 23.1(g)(2), Appendix A of the
Zoning Code, Evening Star House of the Lord is requesting a full
1 year extension of the approved site plan. Pursuant to section
23.1(g)(2), the Board can attach any conditions to the approval
extension request that it deems necessary. In staff's opinion,
with the minor condition cited, the subject site plan application
would substantially conform to current requirements.
RECOMMENDATION:
Staff recommends approval of Rev. Martin's request for a one year
extension of the approved site plan subject to the following
condition:
1. A traffic sign and markings plan, approved by the County
Traffic Engineer, must be provided on this site.
The new site plan expiration date, subject to all previous
conditions as well as the additional condition, will be June 81
1991.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
a one-year extension of the approved site plan subject
to the conditions as set out in the above staff
recommendation.
F. Review of Draft of Indian River Lagoon Spoil Island
Management Plan
The Board reviewed the following memo dated 5/22/90:
10
I
TO: James Chandler
County Administrator
DEPA TMENT HEAD CONCURRENCE:
t
obert Keating AI
Community Develo ent irector
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: May 22, 1990
RE: Review of Draft: Indian River Lagoon
Spoil Island Management Plan
It is requested that the data herein be given formal consideration
by the Board of County Commissioners at their regular meeting of
June 5, 1990.
DESCRIPTION & CONDITIONS:
The Florida Department of Natural Resources (FDNB) recently
completed a 500 page draft entitled "Indian River Lagoon Spoil
Island Management Plan." FDNR also produced an abridged edition of
the draft for public workshop circulation. An excerpt from the
abridged version pertaining to Indian River County is attached,.for
your information.
Ms. Gwen Burzycki, an environmental specialist with FDNR, has
written and requested that Indian River County review the draft
plan and submit a letter to the Governor and Cabinet supporting the
plan. Her request is that the letter be sent in time for a June
20th Cabinet aides meeting. Staff have reviewed the plan and offer
the following comments.
ALTERNATIVES & ANALYSIS:
The draft plan identifies fifty five (55) spoil islands in Indian
River County. All of the islands are owned by the State of Florida
except for six owned by Lost Tree Village Corporation, two owned
by private individuals, three owned by the U.S. government, and one
owned by the Florida Inland Navigation District (FIND). The plan
also contains an inventory of the flora and fauna associated with
each of the islands. Under "management recommendations", the plan
identifies the following categories of use/management:
Management Classification No. of Islands Proposed
for the Classification
Active Recreation 5
Passive Recreation 15
Conservation 31
Conservation/Education 2
Education/Passive Recreation 1
Active Recreation/Education 1
The management classifications range from "conservation", whereby
such islands would be off limits to recreational uses, to "active
recreation," which would accommodate such uses as boating access,
picnicking, trail walking, and short-term camping.
BOOK Lj1d I tic. ►.d 'L�
r
JUN 5 1990
_I
BOOK 80 FACE
The plan does not necessitate local government participation in -
spoil island management and related expenditures, but encourages
local governments with an interest and the available finances to
actively participate in spoil island management through and "Adopt
an Island" programa The "Adopt an Island" program entails a
management agreement with the State, whereby proposed projects
would be subject to consistency with State management goals for a
particular island.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
staff to draft and authorize the,chairman to sign a letter to the
Governor and Cabinet supporting the FDNR Indian River Lagoon Spoil
Island Management Plan. -
Commissioner Bird was concerned that by adopting this spoil
island management plan, 31 of the 40 islands will be designated
as conservation and, basically, made off limits to the public as
far as boaters are concerned. The boating public of this county
have enjoyed the use of these islands in the river since the day
they were created, and he has a problem with taking 31 away from
them and designating them strictly conservation. He didn't know
how in the world they were going to come up with all of the
signage on these restrictions, and with all the speed zone signs
to protect the manatees, the river is going to look like 1-95.
In addition, it looks like 3 of the islands are privately owned,
and he didn't know how the DNR is going to work that out with the
private owners.
Community Development Director Robert Keating wished he
could give more detail on this, but we just received this
information and understood that the DNR dropped the ball and
didn't coordinate this with local government. We have not had a
chance to look at all the 38 islands or identify them on aerials.
Chairman Eggert suggested that since this is for a June 20th
Cabinet Meeting, perhaps we could bring this back next week.
Commissioner Bowman didn't feel that the DNR did the best
job in the world on this. They circulated only two copies of the
complete report, one of which was sent to the public library in
Vero Beach and the other went to the public library in Sebastian.
12
She had great difficulty in obtaining a copy and had only two
hours to look at it before she left for a public meeting on this
matter in Ft. Pierce where she was the only representative from
Indian River County.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously deferred
action on this matter until next week's meeting, and
directed staff to send a request to the DNR for the
appropriate people to attend.
G. IRC Bid #90-77 - Tractor Mower
The Board reviewed the following memo dated 5/27/90:
DATE: May 27, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TMW: James E Chandler, County A minis r
H.T. "Sonny" Dean, Director
Department of General Sezvi cL40
FROM: Dominick L. Mascola,TCPO/Manager
Division of Purchasing
SUBJ: IRC BID #90-77 Tractor Mower
BACKGROUND:
On request from the Parks Department the Bid for Tractor Mower
was properly advertised and Fourteen (14) Invitations to Bid were sent
out. On May 17, 1990 bids were received. Five (5) vendors submitted
proposals for the camwdity...
ANALYSIS:
Staff has reviewed the submittals to ascertain adherence to all specifi-
cations. Robinson Equip, was the low bidder that met all requirements.
FUNDING:
Monies for this project will cane from Budget Parks Fluids Other Machinery
and Eq uipmentkgpcn, - guocs-mD)
Staff recommends the Award of a Fixed Contract for $7,990.00
to the low bidder, Robinson Equipment for the subject project.
13 BOGS �� F,1UE �71
iN 5 1990
_I
,JUN 5 1990 BOOK �� Fa. E 1
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously awarded a
fixed contract for $7,990 to the low bidder, Robinson
Equipment, for the subject project, as recommended by
staff.
. BOAkD OF C.00NTY COMMMSIONMt;
IM 2M S&..4 nm a.w, FUn& Jz%o
V
+—:aon Wa a z? A -
..•
Recornm lded A—d RO8 08 �� 'slORIDt'
Date' 5/17/90
PURCHASING DEPT.
BID TABULATION
Sa6mitted BY Dam rJck L Mescoia
t.�. nr.�. a.ron PURCHASING MANAGER
Bid Na. 90-77 Date Of Opwdnq 5/16/90
-. Bid Tithe 0a !�
7,990.00
1. ROB3NSON EQDIPMM CO.
$7990.00
PQ BOY 156
MIME, FL 32744
tDDEL: XM30TA�817SOE
DELs 14 DAYS
v $8
PWLWMUE. FL 32935 DEL: 30 DAYS
2.* ._¢P S TRACTOR 58500:00
4300 N. OS 1
MODEL: JOHN DEERE 670
5. MILLER EMMME81 59360.00
VERO BEACHFL 32967
DEL: 15 DAYS
4147 S. DS 1 MODELt- RIOTI 1914/XM 10
a
PT PIERCE, FL 34954 DEL: 14 DAYS
3. BERGGREB EODIPMEBT CO
$8795.00 -
PO BOY 608
MODEL: JOHN DEERE 670
P!. PIERCE, FL 34954
DEL:. 30 DAYS
H. IRC Bid #90-83 -- Irrigation System of Grapefruit Grove
The Board reviewed the following memo dated 5/29/90:
DATE: MAY 29, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIC
FROM: DOMINICK L. MASCOLA, MANAGER
DIVISION OF PURCHASING
SUBJECT: INDIAN RIVER COUNTY #90-83
IRRIGATION SYSTEM OF GRAPEFRUIT GROVE
BACKGROUND:
On request from the Utility Department, the bid for Irrigation System
of Grapefruit Grove was properly advertised and six (6) Invitations
14
� � s
L771
To Bid were sent out. On April 25, 1990, bids were received. Three
(3) vendors submitted proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Citrus Planting and Irrigation. Inc. was the low
bidder that met all requirements.
FUNDING:
Monies for this project will come from the original budget in the_
amount of $35,000.00. The shortf.alli�W3 11_caro`'from'Uti3it`y`/tpacti�^`�:;`-,-
t.ri"'tJSI�
RECOMMENDATIONS: - -
Staff recommends the Award of a Fixed Contract for $48.717.00 to the
low bidder, Citrus Planting and Irrigation, Inc. for the subject
project.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously awarded
a fixed contract for $48,717 to the low bidder, Citrus
Planting and Irrigation, Inc. for the subject project,
as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E BOARD OF COUNTY COMMISSIONERS Does 5/8/90
' 18(025tA SLeoS Vom Bmeli. Florida 3?960 PURCHASING DEP
DEPT.
BID
BID TABULATION
• T.r.s om mum _ Ci �'� <�+.�. TBWA Zf�tOtf •. .:. ._-� Suhnntted By DOminiok l.. MaseOla •• -
* �` K i PURCHASING MANAGER_
ALL.• �6j6j * Bid Na 90-8 Oete Of 0Penin9YM 7. IM
Reeoetecnded Award F�OR1 . S Bid Title L= Ptim System for GMPeEtait Grove
1. CL— Plmmtiag and Ircigaam Ine
A
P r A) S52.984.09
P.O. Hoz 460
3905 9th -Street S.W.
loseLard. Florida 32957
veto Heath, Florida 32968
2. umumto Citrus Finagemenc
A) M.060.00
17300 Okeechobee ad
TxCegt tt ecc - crnmn to
It Pierce, F1 34945
enener o operacor
60 C. '-L-
15 BOOK :
JUN 51390 �
BOOK 80 FADE 215
1. IRC Bid 90-84 -- Membrane Expansion for R.O. Water Plant
The Board reviewed the following memo dated 5/30/90:
DATE: JUNE 1, 1990
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: MEMBRANE EXPANSION FOR RO WATER PLANT
INDIAN RIVER COUNTY BID NUMBER 90-84
CORRECTION TO CONTRACT PRICE
The subject bid is to be awarded on the basis of a present worth
evaluation of the process system being offered by each contractor.
In the case of Inscho-Kirlin it is $3,765,334.00. ' However, the
actual contract amount is $3,210,000.00.
Therefore, staff's recommendation is to award a Contract to
Inscho-Kirlin for an amount not to exceed $3,210,000.00.
Commissioner Scurlock explained that we bid this particular
item twice, and there has been an objection filed by Butler
Construction in reference to the recommended award of the low bid
based on the fact that they believe that Inscho-Kirlin submitted
two bids, which they feel is specifically prohibited. After
meeting on this issue with Bill McCain of Utilities, it is the
opinion of Attorney Vitunac, Director Pinto and himself that it
was one bid with an alternate, not two bids, and the
recommendation is to go with the base bi.d. He understood that
someone from Butler was going to be in attendance this morning,
which is why he asked that this item be pulled for discussion.
Utilities Director Terry Pinto added that this type of bid
is somewhat complicated. It is based on a present work value
bid, which means we not only take the cost of the actual con-
struction, but figure in the operating cost values over the life
term of the equipment that we are putting in. We look at both
16
9
� � r
ends of the project as far as operating costs and actual con-
struction costs. We are satisfied with the bidder that we are
recommending. Since we are at peak capacity of our treatment
plant, we feel that to proceed would be in the best interest of
the county.
Frank Inscho, representing Inscho-Kirlin Company, which was
the low bidder, stated that he was here purely as an observer.
Commissioner Scurlock asked if there was anyone here from
the law firm of Gunster-Yokely, and there was no response. He
requested that the record reflect that even though they filed a
verbal objection, they are not present and they were made aware
of this meeting today.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded
IRC Bid 90-84 to Inscho-Kirlin for an amount not to
exceed $3,210,000 for the subject project, contingent
upon receipt of performance and payment bond.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
I
I „
'
. To-"— ma so -am
Recowmided Award
BOAkb OF COUNTY COMMISSIONERS
rbo2MS&*4Von Sawh.YUn"=W
�v
_.. . _ `T� {Q ••— —
z {,.,.. ••
FCOR10
Ode 5/14/90
PURCHASING DEPT.
BID TABULATION
-.._ — ---- -._. _ . ,_ . yubuitted By Dambick L Mascala
S_TMyrrt. QI•�tOti I PURCHASWG MANAGER
Bid No. 80-84 Date Of Op"g 5/11/80
• Bid ftft 3.0 Mem aTsasiaa fat BO Plaae
1. T - ` Urli .
Base Bid S3 765 334.00
4. ELIdm Cmstr=tim, Iuc S4,075,227.00
1$30 cypress Dr unit H
Alt®atn Bid $3,768,533.00
P.O. Box 23%
Jupiter, F1 33469 •
Jaekeomrille, Florida 32210
2• 32tier r structian
$3.781.195.00
P.O. Buz 560390
Boddedge, 171 32956-0398
3. L.A. Water 'lrsatant
Baso Bid S 3 WA
=
17400 E Cbestaet Street
Alternate Bid $3,907,490.00
P.O. Box 1467
MY of IndusCaltf
r
SUN 5199 0 17
JUN 5 1990
BOOK so NAFCE 1 B
J. United Parcel Service Covenant to Construct Certain Off-site
Improvements
The Board reviewed the following memo dated 5/29/90:
------------------------------------------------- ---------
TO: James Chandler
County Administrator
l
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E. )
Capital Projects Manager
SUBJECT: Consent Agenda/United Parcel Service
Covenant to Construct Certain Off -Site Improvements
DATE: May 29, 1990
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
On April 26, 1990, The Planning and Zoning Commission
conditionally approved.the site plan for a United Parcel Service
(UPS) Distribution Facility to be located at 4555 41st Street.
Their approval was contingent upon the developer meeting specific
conditions recommended by staff.
One of the conditions of the site plan approval was the execution
of a developer's agreement between UPS and Indian River County
for the construction of a Westbound left -turn lane into the UPS
facility from South Gifford Road (41st Street). The County will
design and take bids for construction of the Westbound left -turn
lane in conjunction with an Eastbound left -turn lane that the
County has planned at 43rd Avenue.
The pre-bid estimate for the developer's share of the work is
$30,000.00.
After the County has made final payment to the contractor for
construction of the turning lanes, the County will refund to the
developer any funds that were paid to the County in excess of the
actual cost.
RECOMMENDATION AND -FUNDING
It is recommended that the County execute the attached agreement
with United Parcel Service, Inc. Funding in the amount- of
$150,000.00 is available in account 105-214-541-066-51 for the
County's share of the work.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the agreement with United Parcel Service Inc.,
as set out in the above staff recommendation.
18
7-7
1
(AGREEMENT NOW ON FILE IN THE OFFICE OF CLERK TO THE BOARD)
K. Final Plat Approval for CGN Subdivision
The Board reviewed the -following memo dated 5/23/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD -CONCURRENCE:
4•
Robert M. Keatin , AICP
Community DevelopmFent
�c ector
THROUGH: Stan Boling, AICP
Planning Director p
FROM: Christopher D. Rison Uv
Staff Planner, Current Development
DATE: May 23, 1990
SUBJECT: FINAL PLAT APPROVAL FOR CGN SUBDIVISION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
_ meeting of June 5, 1990.
DESCRIPTION AND CONDITIONS:
CGN Subdivision is a proposed 2 lot subdivision of a +/- 5.61 acre
parcel of land located in the 1200 block of 37th Street,
immediately east of the Indian River Village Care Center. The
subject property is zoned MED, Medical Office and has a Hospital
Commercial Node land use designation. All roads, drainage and
utilities easements and facilities are to be dedicated to the
County.
At its regular meeting of January 25, 1990, 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 Mosby and Associates, Inc., on behalf
of the owners, David and Shelia Griffin, James and Dorothy Cain,
George and Lucia Nichols and Virginia Russell, is now requesting
final plat approval and has submitted the following:
1. a final plat in conformance with approved preliminary plat;
2. a Contract for Construction of Required Improvements;
3. a security arrangement acceptable to the County Attorney's
Office to guarantee the submitted Contract for Construction;
4. a certified cost estimate for the required improvements to be
constructed.
5. A Developer's Agreement for the construction of a left turn
lane for 37th Street and for additional traffic analysis for
the subdivision to be conducted jointly between the County and
developers.
19 BOOK. � F�q�r
IAV 5 1990
JUN 5.199®
BOOK 80 MU219
ANALYSIS:
The required improvements have not yet been constructed by the
developers. The developers have submitted a Contract for
Construction of Required Improvements and posted sufficient
security to guarantee construction of those required improvements
to be dedicated to the County.
Provision of a left turn lane for 37th Street and additional
traffic analysis (acceptable to the Public Works Director) for the
proposed subdivision are conditions of preliminary plat approval.
These conditions have been addressed, to the satisfaction of the
Public Works Director and the County Attorney's Office, in a
Developer's Agreement. The Developer's Agreement will be tied to
issuance of building permits on the subdivision lots and requires
the developers to provide adequate security for the off-site
requirements to be' determined-. All applicable requirements
regarding final plat approval have been satisfied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for the CGN Subdivision, authorize the chairman to
execute the submitted Contract for Construction and the Developer's
Agreement, and accept the posted security.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously granted
final plat approval for the CGN Subdivision; authorized
the Chairman to execute the submitted Contract for
Construction and the Developer's Agreement; and
accepted the posted security.
CONTRACT AND COPY OF AGREEMENT ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
L. Change Orders #1 and #2 -- North County Community Library
The Board reviewed the following memo dated 5/22/90:
TO: JAMES CHANDLER
COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR „Yv✓�
DEPARTMENT OF GENERAL SERV
FROM: LYNN WILLIAMS, SUPT.
BUILDING AND GROUNDS
DATE: MAY 221 1990
SUBJECT: REQUEST AUTHORIZATION TO ISSUE CHANGE ORDER #1 AND #2 FOR
NORTH COUNTY COMMUNITY LIBRARY
DESCRIPTION AND CONDITIONS:
Proctor Construction has forwarded copies of Proposal Requests 1-5
on the North County Community Library Project for issuance of
20
—Change Orders. All have been reviewed by the Architect, the
Construction Manager and the Project Manager.
Proposal requests 19293959 are found to be in order and are listed
in more specifics below.
Proposal Request #1 - Time extension. Schopke has requested a
time extension of 19 days with no change in the contract
amount. The request is predicated on two factors: 1) Schopke
experienced difficulty in obtaining permits for construction
due to local licensing requirements. 2) Delay in obtaining
sealed plans and energy calculations from the Architect for
submission to the -Building Official.
This request is recommended for approval. -
Proposal Request #2 - Change in exterior block color. Amount
$1,884.00. This change is required due to the fact that the
base specification for the exterior block was written with a
grey cement base and did not allow for a block color in the
family range intended during the design phase.
The proposal request response from Schopke includes a contract
change in the amount of $1,884.00 for the block color change.
The response requests a time extension of seven (7) days.
The recommendation for PR #3 is to approve the contract change
of $1,884.00 and deny the time extension of seven days.
Proposal Request #2 - Backflow Preventor. Amount $5,040.00.
This change was required by the omission of clear
specifications stating the requirement of a backflow preventor
on the fire sprinkler supply line. This was not included in
the sub -contractors bid for the fire sprinkler system.
Had the specification been included in the original documents,
an amount approximately equal to Proposal Request #2, would
have been in the base bid.
The recommendation for Proposal Request #2 is to approve the
contract change of $59040.00 with no change in time.
Proposal Request #5 - Additional Sinage and Striping. Amount
$467.00. This change was required as a result of review of
the site plan during the right of way permit application.
The County Public Works Department, required additional sinage
and striping subsequent to bidding of the project and in
addition to the requirements of the City of Sebastian.
The recommendation of Proposal Request 05 is to approve the
contract change of $467.00, with no time extension.
RECOMMENDATION AND FUNDING:
Staff recommends issuance of Change Order #1 including Proposal
Request #1 and Proposal Request #3. Total change of contract
amount.$1,884.00 and 19 days time extension.
Staff recommends issuance of Change Order #2 including Proposal
Request #2 and Proposal Request 05. Total change of contract
amount $59507.00 and no extension of time.
Adjusted contract amount will be $190059091.00. Date of
substantial completion will be adjusted to October 16, 1990.
Funding is available in account #322-112-571-066.51.
BOOK 80P,4;;E
21
JUN 5 I sU
Fr'- _ -1
JUS 9ci�O BOOK 80 PAS
UEL
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved Change Orders #1 and #2 for the
North County Community Library, as set out in the
above staff recommendation.
CHANGE ORDERS #1 and #2 ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
M. Temporary Water Service Agreement - Nancy Jo Branigan
The Board reviewed th.e following memo dated 5/22/90:
DATE: MAY 22, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND NANCY JO BRANIGAN
TEMPORARY WATER SERVICE
PREPARED AND STAFFED BY: WILLIAM F. McC N
CAPITAL PR S ENGINE
DEPARTMENT • K.-VTILIT ERVICES
BACKGROUND
Nancy Jo Branigan has requested that a temporary service be
installed from the water line on 1st Street, S.W., to service her
property at 115 36th Court, Vero Beach, FL 32968, prior to the
installation of a water main on 36th Court.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide a temporary water service to
115 36th Court until such time that a water line is constructed on
36th Court by assessment. Nancy Jo Branigan agrees to pay all -fees
required to make this connection. She further agrees to participate
in the assessment.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Nancy Jo
Branigan on the Consent Agenda.
22
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the Temporary Water Service Agreement with Nancy Jo
Branigan, as recommended by staff.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE
:6-k�
N. Proclamation - Charlie B. Hudnell's Retirement from FHA
Chairman Eggert read aloud the following proclamation and
presented it to Charlie B. Hudnell:
P R 0 C L A M A T 1 0 N
A Proclamation of the
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
IN APPRECIATION OF THE ASSISTANCE
OF
CHARLIE B. HUDNELL
WHEREAS, Indian River County has for over twenty
years been working on providing pubs-ic water and wastewater
services to the urbanizing areas of the county, and, in
particular, to the Gifford Community, which had a severe
threat to public safety caused by the failure of the
original utilities system; and
WHEREAS, the Farmers Home Administration was set up
by the federal government to assist local communities in
providing low-interest loans for public water and wastewater
systems; and
WHEREAS, CHARLIE B." HUDNELL has been the local
administrator for these programs in Indian River County for
the last fifteen years; and
WHEREAS, through the support, guidance, and
assistance of CHARLIE B. HUDNELL, Indian River County has
obtained loans exceeding $20 million, which. were used to
construct the South County Water System and the Gifford
boor 80
23 •:�,c �,��..
JUN 5 iss0-7
�,,
BOOK F'aGE
Sewer System, which are operational now and which have
contributed to a marked improvement in -the standard of
living for the people affected by the systems; and
WHEREAS, CHARLIE B. HUDNELL is retiring from public
service as of June 1, 1990, and deserves to be remembered
for his good service in the county,
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Board wishes to express its appreciation to CHARLIE
B. HUDNELL for all his efforts on its behalf and wishes
him a long and happy retirement.
DATED this Sth day of June, 1990.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
By
Caro n K. �g e t
airma
Chairman Eggert introduced Gifford civic leader Ralph Lundy,
who read aloud the following letter of appreciation:
24
June 4, 1990
LETTER OF APPRECIATION
TO
CHARLIE B. HUDNELL
We, the members of the Progressive Civic League, East Coast
Self -Help Housing and NAACP would like to express our
sincere thanks and appreciation to you, Mr. Charlie B.
Hudnell, for your years of service and assistance in the
Gifford Community.
You played a major role towards the success of the first
central water utility, Urban Development Utilities, in
Pineview Park, Pineview Park Extension, Crystal Sands
Subdivisions and the Housing Authority. Through your
efforts and guidance, people were able to get good water and
also decent low-income housing under the self-help program.
We sincerely wish you well.
Your friends,
J. Ralph Lundy
President
Progressive Civic League
Victor Hart
President
NAACP
Tony Brown
Manager
Victory Park Apts.
Commissioner Scurlock praised Mr. Hudnell for his efforts in
bringing water and sewer and low-income housing to the Gifford
community, and pointed out that Mr. Hudnell was responsible for
getting the last 5% interest money available from the FHA.
Mr. Hudnell expressed his appreciation of the proclamation
in his honor and his pleasure in working with the county to
achieve these benefits for the community.
BOOK 813 F'kj
A' E �� � ,
25 4
Boor. j0F',1
"E 22�
1,
SHERIFF'S REQUEST FOR FY -1990-91 CAPITAL OUTLAY BUDGET
The Board reviewed the following memo dated 5/16/90:
-'r If
P. O. BOX 608
PHONE 569.6700
R.T."TIM" DOBECK • INDIAN RIVER' COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VEEO BEACH, FLOEIDA 32961-0608
May 16, -1990 �61' ""'' ��
Re jsFj �9�n
Honorable Carolyn Eggert, Chairpers iss�ON
Indian River County Commissioners �G
1840 25th Street
Vero Beach, FL 32960
RE: FISCAL YEAR 1990-91 CAPITAL OUTLAY BUDGET
Dear Commissioner Eggert:
DISTRLSUVON LIST
.0 i i 1MiSSit'
A:�minisfir�,•or ----
Attorney --
F,-:,,rsonnel
Cornrr,u .., � �•r.
----
U•ii;tit;; Finance ---
Other
v
This letter is a request . for authorization to order the 22 replacement vehicles for
next fiscal year prior to the approval of the budget document. Your approval of
his request would meana ..savings to the Department of over $37,200.
The.
State of Florida, Division • of Purchasing contract
for 1990 and 1991
pursuit
type
vehicle was awarded to Jerry Hamm Chevrolet
in Jacksonville, FL.
Jerry
Hamm Chevrolet was unable to provide the necessary
quantity of vehicles
at the
bid
price. Duval Ford in Jacksonville was granted
permission to sell
pursuit
vehicles under the state contract at a price not to exceed the original bid, until
June
30, 1990.
October, 1990.
Our bgdget request
for
next year contains 21 pursuit type vehicles and 1
4x4 off
road vehicle. The
estimated price included in the budget was $14,800
for the
sedans and $18,800
for
the 4x4. Thru the end of June, 1990 we can order 1991
sedans for $13,043
and a 1991 4x4 for $18,462. The savings on each
sedan is
$1,757 an $338 on
the
4x4 vehicle. Further, we would not be required to
pay for
the vehicles until after
October, 1990.
Your approval of this request would allow me to decrease my 1991-92 budget
request by the $37,200.
I will be glad to meet with you at any time to further discuss this matter.
Sincerely,
R. T. Leca."Tim" Dobeck, Sheriff
Indian River County
RTD:ccd
26
Commissioner Scurlock asked OMB Director Joe Baird to give a
status report on the contingency funds.
Director Baird advised that if we were to encumber the money
right now to purchase the vehicles, it would reduce our
contingency balance down to $190,000, which is an extremely low
balance when you think that we operate with a $35 -million budget.
Commissioner Scurlock asked how that would affect the cash
carry forward, and Director Baird advised that we are going to
have to encumber it if the Board approves the purchase of these
vehicles, and staff is recommending that the Sheriff purchase the
vehicles provided there is a caveat included that states that the
order can be cancelled if funding isn't approved in the 1990-91
budget hearings.
Chairman Eggert felt that even promising it with a caveat
isn't really fair to the Sheriff or to us.
Attorney Vitunac advised that we have three alternatives in
this matter:
1) Purchase the vehicles with present contingency monies;
2) Purchase them with a caveat for next year;
3) Put the purchase off until the budget is secure and place the
order after October 1st.
Commissioner Scurlock felt the caveat would be like a letter
of intent that we would be purchasing 22 vehicles.
Sheriff Dobeck explained that they are not asking the Board
to appropriate any money. No funds have to come into the
Sheriff's Department or go to Jacksonville. The only thing
Jacksonville wants
is where
the
State has allowed
Duvall Ford
to
pick up where Jerry
Hamm has
the
shortfall. This
will allow
them
to confirm that they are planning on buying 22 replacement cars
next year. It is not an expenditure that has to be transferred
out of any contingency or any other place in the budget. It is
just an agreement.
Chairman Eggert viewed it as a commitment, but Sheriff
Dobeck felt it really is no more of a commitment than it would be
JUS' 5 Wo 27
J
JUS
BOOK
if
they come
to the Commission in the budget hearings
in
July.
He emphasized that they would not be under any obligation to take
the cars.
Commissioner Scurlock felt it would be like a letter of
intent that we would be purchasing 22 vehicles if this is
approved during the budget hearings for the 1990-91 fiscal year.
Attorney Vitunac advised that sending a letter of intent
contingent upon funding is no problem, but if we send a letter
now saying that we would like to buy these cars, we would have to
encumber the contingency money because legally there always must
be money available to pay for the contract before you can enter
into the contract. The letter would say that we will probably
buy these cars, but the only contingency is that it will have to
go through budgetary process this summer, and if approved for the
fiscal year 1990-91, we will buy the cars.
The Sheriff believed that the letter of intent would be
fine, and confirmed that they would take delivery of the cars
after October 1st.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Attorney's Office to prepare a letter of intent
stating that this is not to encumber present
contingency funds and is subject to being approved in
the budget for fiscal year 1990-91.
SHERIFF'S REQUEST FOR TRANSFER OF CONTINGENCY FUNDS IN 1989-90
OPERATING BUDGET - BUDGET AMENDMENT #061
The Board reviewed the following memo dated 5/15/90:
28
I
M
Cefjeril'
P. O. BOX 608
PHONE 369.6700
May 1.5, 1990
R.T."TtM" DOBECK • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH, FLORIDA 32061-0608
oh �
M oocFi �99�
Honorable Carolyn Eggert, Chairperson
Board of Indian River County Commissioners
1840 25th Street
Vero Beach, FL 32960
RE: TRANSFER OF CONTINGENCY FUNDS 1989-90 OPERATING BUDGET
Dear Commissioner Eggert:
I am requesting the transfer of $40,700 from Law Enforcement Contingency to Law
Enforcement Operating Expense. The funds will be utilized to purchase a
replacement "factory remanufactured, 0 -time engine" for the Department's Piper
Navajo airplane. Funds to replace an engine, when needed, have been placed in
the Operating Budget the past two years, but have not been needed. Please place
this item on the Consent Agenda for theMay 22 1990 meeting.
zi ur S"
If you have any questions or further information is required, please do not
hesitate to contact. me.
Sincerely,
LAt",•"Tim"
R. T.
Dobeck, Sheriff
Indian
River County
RTD:ccd
cc: Richard Dees
Joe Baird
"+L
DISTRi3UTi0N LIST
Commissioners
Administrator
Attorney —
Personnel —
Public Works
Community Dev.
Utilities
Finance ,�----
Other '�' "-
County Attorney Vitunac advised that once the County
approves the budget item that is in the contingency fund, any
transfers out of that fund during the year have to be made by the
Board if the Sheriff certifies in writing that he wants the
transfer made. That is because he is an independent
constitutional officer and how he runs his office line item by
29
BOOK F,« of-, '
_I
aii .51990 _ - �p
BOOK 8,0 FAUE�'
line item is up to him. It is totally in the Sheriff's power as
to how he spends that money once it is in that lump sum. It is
the Board's function to consider the request so the public knows
what is going on.
Commissioner Scurlock felt it is appropriate to at least
have dialogue with the Sheriff on this matter since we are in the
middle of budget preparation for next year and that budget would
potentially include aircraft funds for 1990-91. He believed
there is a relationship even though the Board doesn't have the
ability to nix it.
Sheriff's Attorney Russell Petersen agreed that the
maintenance and other items associated with one or two aircraft
are certainly subject to next year's budget, and he felt the
Sheriff fully recognizes that. He wished to note that the
Sheriff has received a letter from the Taxpayer's Association
saying that they realize that an aviation section is a necessary
arm for the Sheriff's Department and that they feel the aviation
section is managed in an efficient and effective manner.
(NOTE: The referenced letter was not from the Taxpayers'
Association, but from (2) people claiming to be from a. Taxpayers
Committee).
Commissioner Scurlock believed the impression he is getting
from the community is that they are very much concerned about the
continued escalation of taxes, and that is impressed upon the
Board in every meeting we have. In looking at the Sheriff's
proposed budget for next year, he is having trouble as one
Commissioner in justifying two planes and such a large division
in terms of the aviation aspect. He believed this issue will be
thoroughly debated during the budget workshops in July.
Lengthy discussion and debate ensued regarding the cost of
maintenance and operation of two planes compared to using
commercial flights.
Chairman Eggert noted that the following letter from the
Sheriff dated June 4th was just given to the Board:
(See borrection re this letter in Minutes of BCC Mtg. of 7/10/9"0 in
Approval of Minutes)
30
s
P. O. BOX 608
PHONE 369.6700
June 4, 1990
R.T."TW DOBECK • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VIM.. IIEACII, FLORIDA 32961-0008
Honorable Carolyn Eggert, Chairperson
Indian River County Commissioners
1840 25th Street
Vero Beach FL 32960
Dear Commissioner Eggert:
Via contact with Phil Long and a subsequent article that appeared in Sunday's
Miami Herald, I have learned that 4 of the 5 Commissioners plan to possibly
oppose the written request submitted to the commissioners requesting the transfer
of our contingency funds to purchase a replacement airplane engine.
Prior to Friday, I was in receipt of a May 30 inter -office memorandum from Joe
Baird, recommending the County Commissioners approve the requested transfer from
contingency. Up until Friday I was unaware, especially after commission staff
review and approval, that this would be a problem. I was sure the county
commission staff would have made the Commissioners fully aware of the operation
of the Sheriff's budget and how contingency funds apply to that operation. Under
Florida Statutes, 30.49 (7), it is very clear with respect to the Commissioner's
obligation to transfer contingency funds upon request of - the Sheriff.
Enclosed are copies of a portion our 1989-90 budget as approved by the County
Commission that reflect the possible need for replacement of our aircraft engine.
As mentioned in my original request, this is the third consecutive year this item
has been budgeted and approved by the Commissioners; however, this is the first
year it has become necessary to utilize these funds.
I am providing a copy of a ruling from the Florida Supreme Court and a copy of
a letter from the General Counsel of the Florida Sheriffs Association relating to
this issue and ask the Commissioners to re-evaluate their position in this matter.
Si erely,
R. "Tim" Dobeck, Sheriff
Indian River County
RTD:ccd
Chairman Eggert asked if the letter contained anything that
hasn't come up since the Commissioners have not had a chance to
read it, and Sheriff Dobeck stated that there wasn't. He noted
that Tax Collector Gene Morris and School Superintendent Gary
31 E�UOK 80
JUN 5 1990
BOOK 0 PAGE,
Norris have used the plane, and felt it is a shame the Commission
does not use the aircraft more often.
Chairman Eggert emphasized that these funds are coming out
of the Sheriff's contingency funds, and OMB Director Joe Baird
advised that the Sheriff will have $4,300 left in the law
enforcement account plus an additional $20,000, of which $15,000
is in corrections and $5,000 is in court services.
Commissioner Wheeler was looking at the economics of the
aircraft, and if you compile the number of trips and the number
of hours in the air, the cost of operating and maintaining a twin
engine aircraft is substantial and he believed you could fly a
lot of commercial hours for that amount. It is even likely that
you could charter a plane for less. Commissioner Wheeler didn't
feel the Sheriff needed to have a police officer to fl -y the
airplane, and instead of paying a higher salary to someone to fly
the Sheriff's aircraft, you could hire professional pilots for
less money. In looking at operation costs of an engine and the
time before overhaul, the life of an engine varies, and you can
decrease the operating costs by running an engine longer. Flight
Safety figures they get anywhere from 300-500 hours on an engine
and they get a special exemption from the FAA because of doing
oil analyses as it sets a trend for how the engine is wearing.
Sheriff Dobeck felt that he probably puts a higher price on
his life and on the Fives of the people in this community who
work for him than perhaps those people do. In answer to the
suggestion for flying commercial, he pointed out that if he flew
commercial when he has to attend a meeting in Tallahassee that
begins at 9:00 a.m., he would have to go up the day before, but
by using this aircraft, he can fly up and back in one day.
Commissioner Scurlock felt you could pay for a lot of trips
for the kind of money it takes to operate two airplanes, but
Sheriff Dobeck didn't agree, because other people use that plane
also. With regard to the pilot's salary, he noted that his chief
32
M
_I
pilot, Chuck Gibbons, also works as a marine patrol deputy when
he is not flying.
Lengthy debate continued on the costs of maintenance of the
aircraft and whether the rule on replacing an engine after 1800
hours of flying time is applicable to planes other than charter
airplanes.
Chairman Eggert felt that the continuation of this debate
would be more appropriate at budget time.
Attorney Vitunac advised that a Motion to approve would be
in order at this point since every other budget transfer is done
by a Motion of the Board and the law says that we should do it in
the same manner.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously approved
Budget Amendment #061 for the Sheriff's request
based on the advice of the County Attorney that under
the law the Board is required to approve the engine.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Directo
SUBJECT: BUDGET AMENDMENT
NUMBER: 061
DATE: June -5, 1990
1EXPENSE
1 11GENERAL FUND/
(SHERIFF i
!Sheriff -Law Enforcement ;001-600-586-099.041$40,700.001$ 0
t i i i
t
t n............ �..,. n....+-; r,.rc„r.v i nn1-Ann-Kag-naQ Q1 1 C n 1 Cdn Inn _ nn
33
'JUN 5 1990 -
.. 900K 80 PAGE
PUBLIC HEARING - PAVING AND DRAINAGE IMPROVEMENTS TO:
1) 12th Avenue between 12th Street and 14th Street
2) 15th Place east of U.S. #1 to 7th Avenue
3) 85th Avenue and 85th Court, Paradise Park Subdivisions
4) 35th Avenue from 4th Street to 6th Street
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:
VER® 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
If
in the
Court, was pub-
lished in said newspaper in the issues of 1 �%
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, 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.
Sworn to and subscribed before me th'� =-da of A.D. 19 �
I. --
3
+ m(V ($ inenagerj
(eferk-of -the-Circuft Court Indian River County,+`forida)—
(SEAQ
MFx> ruai.�. STce: . rWrja
),)v4�rnflBnrls'n �,uuc' :I51. )9W
34
RESOLUTION 90.59
PUBLIC HEARING
NOTICE
PLEASE TAKE NOTICE that the Board of
County Commissioners of Indian River County,
Florida, will hold a Public Hearing at 9:05 AM on
Tuesday, June 5, 1990 In the Commission
Chambers located at 1840 25th Street, Vero
Beach, Florida to discuss the advisability, cost
and the amount of the assessments against
each property for paving and drainage Improve-
ments, to:
')12th Avenue Between 12th Street and 14th
Street
2)15th Place East of U.S. #1 to 7th Avenue
3) 85th Avenue and 85th Court in Paradise
Park Subdivision
4) 35th Avenue between 4th Street and 6th
street
PLEASE TAKE FURTHER NOTICE that at the
same public hearing, the Board of County Com-
missioners shall also hear all Interested persons
regarding the proposed assessments contained
In the preliminary assessment rolls for the Im-
provements described above. Thepreliminary
assessment rolls are currently on file with the
Clerk to the Board.
If any person decides to appeal any decision
made by the Commission wlr.: respect to any
matter considered at this hearing, he will need a
record of the proceedings, and that, for such
purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record
Includes the testimony and evidence upon which
the appeal Is to be based.
NOW THEREFORE, BE IT RESOLVED BY
THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, the forego -
Ing recitals are affirmed and ratified in their en-
Tethe foregoing resolution was offered by Com-
missioner Scurlock who moved Its adoption. The
motion was seconded by Commissioner Wheeler
and, upon being put to a vote, the vote was as
follows:
Chairman Carotin K Eggert Aye
Vice -Chairman Ic N. Bird Aye
I Commissioner Don C. Scurlock, Jr. Aye
Ij Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolu-
tion passed and adopted this 15th day of May,
1990.BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By -s -Carolyn K. Eggert, Chairman
Attest: -s-Jeffrey K Barton, Clark
by -s•A. Waterhouse
Deputy Clerk
May 22, 29,1990 686695
The Board reviewed the following memo dated 5/22/90:
TO: James Chandler
County Administrator (
4
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain,. P.E. �qF
County Engineer o
X)6
FROM: Michelle A. Gentile, C.E.T.
Civil Engineer
SUBJECT: Public Hearing for the Paving and Drainage Improvements
to:
1) 12th Avenue between 12th Street and 14th Street
2-) 15th Place east of U.S. 1 to 7th Avenue
3) 85th Avenue and 85th Court, Paradise Park
Subdivision
4) 35th Avenue from 4th Street to 6th Street
DATE: May 22, 1990
---------------------------------------
DESCRIPTION AND CONDITIONS
On May 15, 1990 the Board of County Commissioners adopted four
Resolutions, Nos. 90-60, 90-61, 90-62, 90-63, providing for
certain paving and drainage improvements to:
1) 12th Avenue between 12th Street and 14th Street - 34% in
favor
2) 15th Place east of U.S. 1 to 7th Avenue - 74% in favor
3) 85th Avenue and 85th Court, Paradise Park Subdivision -
55.8% in favor.
4) 35th Avenue from -4th Street to 6th Street - 69% in favor
On May 15, 1990, the Board of County Commissioners adopted
another Resolution No. 90-59 setting the date and time for a
Public Hearing to discuss the advisability, cost and amount of
the assessment against each property owner. This hearing is
scheduled for June 5, 1990.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve
assessment rolls, and confirming resolutions with changes, if
any, made after input at the Public Hearing. Revised confirming
resolutions and assessment rolls will be forwarded to Chairman
of the Board for signature.
JUN 5 199035
JUN 5 1990
BOOK 80 PAGE
12th Avenue between 12th Street and 14th Street
Public Works Director Jim Davis advised that there are some
issues on this project that they would like to bring before the
Board at this time. He explained that 12th Avenue is a roadway
that lies on the western border of the City of Vero Beach. The
east right-of-way line of the roadway demarcates the City limits
and the unincorporated area of the county. Along the north side
of the project is the City's Crestlawn Cemetery that has been in
existence for many years. The cemetery doesn't have a driveway
connection to the roadway, nor does the property to the south of
the cemetery, which is owned by some property owners who own
approximately 600 feet of frontage on the east side of 12th
Avenue. Although both of those projects do not have a driveway
connection to the roadway, they have been included in -the
assessment roll on a front footage basis. The properties to the
west side of the roadway are platted into single family lots, and
are also included in the assessment roll on a front footage
basis.
Director Davis advised that the City of Vero Beach has
requested that the County consider a modification in our
assessment roll computation based on the fact that the City's
cemetery doesn't actually connect to the roadway. Staff
discussed this with the County Attorney's Office, and they
recommended that we proceed with the public hearing process and
if the Board feels that some equalization or modification of the
City's assessment is in order, the Board certainly has the right
to do that. If we do modify the assessment on the project, would
the County absorb that cost or would we pass that on to the other
property owners on the west side of the roadway? The cemetery
has 660 feet of frontage and the assessment is $11,154.
Commissioner Scurlock noticed that the percentage of owners
in favor of the paving is only 34%, and Director Davis explained
36
M ® M
that the petition was initiated by the residents in the area
through the normal process, but on the east side of the roadway
there are only two property owners, one being the City of Vero
Beach, and the other being the Mobleys and the Blackburns who own
615 feet of frontage. So there are two property owners who have
not signed the petition who own half the frontage on the project.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard on the paving of 12th Avenue.
Vero Beach Finance Director Tom Nason advised that the City
does not see any specific benefit to Crestlawn Cemetery of having
that road paved. The cemetery was platted back in the early 40s
and the portion you are looking at is the old part of the
cemetery. None of that can be used for ingress or egress because
there are gravesites along the perimeter of the roadway, just a
few feet off of it in fact. The City feels they should be
exempted from the assessment for the cemetery.
Commissioner Bird felt that if we are going to exempt the
City and throw.that additional cost back on the remaining
property owners, we should go back to them with a revised
assessment and see what their reaction is to the City's
exemption.
Director Davis advised that the assessment for a typical
100 -ft. lot is $1690, and if we do not assess the whole east side
of the roadway, or if we do not assess just the cemetery portion,
their assessment would increase $800 t.o $1700 and could go as
high as $3400, which would be the largest assessment we have
proposed. However, the Mobleys and the Blackburns have 615 feet
of frontage and there would be a benefit to having frontage on
that road, even though they presently have access to that tract
through 11th Avenue. Eleventh Avenue is not shown on the map
because that property is not subdivided. It is just a road that
goes through their property in a southerly direction that is not
reflected on the Tax Collector's rolls.
37 BOOK
19
Fr-
, -7
'JUN 5 1990
Boos 80 P,9Gr 37
Commissioner Scurlock didn't see any way for 12th Avenue to
ever be paved if the City was exempted from the assessment.
Mr. Nason suggested that in order to get the road paved, one
alternative would be for the County to pick up that portion of
the assessment that was assigned to the cemetery.
Ovida Wyatt, 1375 12th Avenue across from the cemetery;
stated that she had never seen a petition to pave the road, and
Director Davis advised that the County has received a petition,
but perhaps not all the property owners were given the
opportunity to sign it. That happens sometimes when one block
captain will initiate the program and circulate the petition to a
certain number of property owners.
Commissioner Bird was in favor of redoing the assessment and
giving the residents an opportunity to be heard again. He noted
that if you took the City out of the project, which is about
one-fourth of the frontage, the percentage in favor probably
would increase to about 50%.
Commissioner Scurlock felt the Mobley/Blackburn tract is
unique in that it is a large parcel with 11 or 12 homes that have
access off of lith Avenue and the owners feel there is no need
for access from 12th Avenue.
Chairman Eggert pointed out that we have not heard from the
Mobleys or Blackburns.
Mrs. Wyatt explained that when they purchased their lot
there approximately 32 years ago, a 75 -ft. wide roadway was
indicated between the cemetery and their property. However, a
few years later a fence was built down the middle of that right-
of-way, and she called various people at that time until she
finally reached a gentleman who told her there was an agreement
when Mr. Rivenbark put in that subdivision that the City would
deed 35 feet and Mr. Rivenbark would deed 35 feet for a roadway,
12th Avenue. The City had discovered that they did not sign
their agreement, and therefore, would not have to live up to it.
38
Since it was cheaper for the City to expand the cemetery west to
the edge of what they had agreed to designate as a street, they
were not going to honor the agreement. Mrs. Wyatt felt it might
be of interest in this matter. She certainly would be opposed to
paying twice the assessment if the City were exempted, but she
was not opposed to having the street paved at the proposed
assessment cost. She also wished to point out that when she
asked the cost for paving a linear foot, she was told $40, but
when she did the arithmetic on her assessment, it comes out to a
little in excess of $45 per linear foot.
Alan Stadnick, property owner on 22th Avenue, advised that
in the last two years the cemetery constructed a maintenance
building on 14th Street which has primary egress and ingress from
12th Avenue. He felt the cemetery would have a definite benefit
from that road being paved. Their trucks use 12th Street as well
as 14th Street, so he felt it is unfair to say that they would
not derive a benefit from the paving of 12th Avenue. With regard
to the Mobley/Blackburn property, there are 5 houses that front
12th Avenue that would benefit from the paving of the road. He
didn't know if the owners of that tract are in favor of'the
paving of 12th Avenue, but he did know that the tenants of these
houses are in favor because he has talked with them about it.
Mr. Stadnick stated that he was in favor of the petition paving
project, but didn't think it was fair to exempt the City of Vero
Beach for the cemetery footage.
Mr. Nason confirmed that the maintenance building is on 14th
Street and there is an access that can be obtained by coming up
12th Avenue, but it isn't their primary ingress and egress.
Chairman Eggert understood that visitors cannot get to
gravesites from 12th Avenue, and Mr. Nason explained that the
City has fenced that in completely and it is also elevated at one
end with a walled construction. They have concentrated on having
the entrance in the front.
5 'IQ9 39 BOOK
I
r JUIN 51990 �
BOOK 8,0 PA "E '.3 c,
Lengthy discussion ensued on whether the City should be
exempted from their portion of the assessment.
Larry Braisted, the new City Attorney, advised that the
entire side of the cemetery that abuts 12th Avenue is a platted
cemetery and there are no access points wide enough for vehicular
traffic, and because it is platted and largely sold, it cannot be
changed at this late date. There never will be an access point.
Attorney Vitunac advised that the County could cut out the
maintenance building and charge it a certain number of front feet
since they do use 12th Avenue now and will probably use it more
when it is paved.
Commissioner Scurlock didn't understand how we could access
it if it doesn't front the street, and Attorney Vitunac explained
that you. can still make an assessment based on benefit to it if
it is within the assessment district.
Attorney Braisted felt the only thing wrong with that is
that none of the other properties on 14th Street are included in
the assessment roll.
Commissioner Bird felt we have only two choices here because
he was not in favor of picking up the City's share, nor was he
comfortable including them in the assessment. Those choices
would be to forget the whole project or redo the assessment roll.
Director Davis was reluctant to redo the assessment roll,
and wanted the project to proceed since 12th and 13th Avenues are
still on our grading route and we would like to eliminate them.
Commissioner Bird asked if he felt.there might be some
justification for picking up the City's share in this case by the
benefit we would receive by eliminating 12th and 13th Avenues
from our grading route.
Director Davis felt there would be a substantial benefit as
far as maintenance and safety are concerned due to the route the
grader takes at the present time.
Commissioner Scurlock felt that since this is another
government entity, it would not be setting a precedent if we
40
M -
exempted them from the assessment. He would be in favor of
assigning some benefit to the maintenance building, but having
the major portion of the City's $11,000 assessment picked up by
the County.
Commissioner Bird suggested $2500 for the maintenance
building with the County picking up the remainder, and that way
the assessment roll will stay the same as it is.
Mrs. Wyatt pointed out that there is an unpaved, one -block
section of 14th Street that connects 12th Avenue and 13th Avenue.
The County would still have to take the grader down there if that
wasn't paved too.
Director Davis advised that the Board has authorized Public
Works in the past to complete the network when there is a short
connection such as this. There is some contingency in this cost,
so he felt we can do that.
Attorney Vitunac asked if the City could state for the
record that they are willing to accept $2500 for their share of
the whole assessment, and Mr. Nason stated that the City would
accept the $2500 assignment.
Attorney Vitunac advised that staff._does not have to redo
the assessment as the $2500 would be inserted for the cemetery.
Mrs. Wyatt stated that she has no objection to the paving if
the assessment wasn't to be increased.
Commissioner Bird assumed that the property owner abutting
the City was notified of today's meeting and had the opportunity
to be here, and Chairman Eggert confirmed that notification had
been given.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
JU6� 5 1990 4,
BOC1K t� .4 'rL; � �
JUN 5 1990
BOOK 80 PAGE 241
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 90-70, confirming the assessment roll for
certain paving and drainage improvements to 12th Avenue
between 12th Street and 14th Street in Rivenbark
Subdivision; the.assessment to reflect the modification
of $2500 being assessed to the City of Vero Beach and
the remainder of the City's portion of the assessment
being picked up by the County, identifying that it is
unique and special in that it is a cemetery in the
city, and that this is not to be interpreted as a
precedent.
ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE
15th Place east of U.S. #1 to 7th Avenue
Michelle Gentile of Engineering explained that County staff
has looked at the design of this particular road which was
designed by Coastal Technology, as there is about 250 feet of
existing pavement on 15th Place that the engineer wanted to
reconstruct. The original assessment included property owners
from U.S. #1 to a portion of 7th Avenue, but after reviewing
this, staff feels that any reconstruction or resurfacing should
not fall under this special assessment since some of the property
owners would not benefit. Staff has revised the assessment
eliminating some of the frontage and some of the property owners,
and that is reflected in the confirming resolution which is
proposed today.
Commissioner Bowman asked about the large oak tree in that
location, and Mrs. Gentile explained that the engineers have
designed the roadway to go around the big oak tree . In addition,
42
we will be curbing and cross sloping the road so that stormwater
runnoff will go to a catch basin on the south side.
Public Works Director Jim Davis advised that the only change
would be a reduction in the total length of the project and
removing some frontage from the assessment roll. The rest of the
property owners' assessments will not change. This only affects
one or perhaps two property owners.
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard on the paving of 15th Place. There being
none, she closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 90-71, confirming the assessment roll for
certain paving and drainage improvements to 15th Place
east of U.S. #1 to 7th Avenue as modified with regard
to the removal of one or two properties as recommended
by Public Works Director Davis.
ASSESSMENT ROLL IS ON FILE 1N THE OFFICE ,OF THE CLERK TO THE
85th Avenue and 85th Court, Paradise Park
Michelle Gentile of Engineering read aloud the following
letter received from Attorney Christopher Marine, representing
Number Fourteen Corporation:
►�iUti ¢1 43L�Q
E.te..
JUN 5IWO
BOOK F'A.GE 24
LAW OFFICES OF
GOULD, COOKSEY, FENNELL, APPLEBY, BARKETT & O'NEILL
PROFESSIONAL ASSOCIATION
JOHN R. GOULD
BYRON T. COOKSEY
DARRELL FENNELL
FRANK M. APPLEBY
LAWRENCE A. BARKETT
EUGENE J. O'NEILL * +
MICHAEL J. HANLEY
CHRISTOPHER H. MARINE
May 11, 1990
Ms. Michelle Gentile, C.E.T.
Civil Engineer
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Ms. Gentile:
979 BEACHLAND BOULEVARD
VERO BEACH, FLORIDA 32963
TELEPHONE ( 407 ) 23 1 -1 1 OO
FAX (407) 2 31-2020
*ADMITTED IN MASSACHUSETTS
FLORIDA AND DISTRICT OF COLUMBIA
FLORIDA BAR BOARD CERTIFIED
CIVIL TRIAL LAWYER
OUR FILE NO.
As I indicated to you in our recent telephone confer-
ence, this firm represents Number Fourteen Corporation. I
have been directed to write you concerning your correspon-
dence of May 15, 1990, and the proposed paving and drainage
improvements to Paradise Park Subdivision, and note my
client's objection thereto. Number Fourteen Corporation does
not consent to the project and objects to the proposed
assessment. Basically, my client feels that these improve-
ments should be postponed to and until the development of
this parcel, and a paved roadway is an unnecessary, non-
beneficial expense at present.
Would you please note this objection and see to it that
same is included in the record of the Board of County
Commissioners proceedings scheduled for June 15, 1990.
Thank you for your attention to the above.
Sincgr6l7 yours
H. Marine
CHM/js
cc: Mr. Richard Letsinger
Chairman Eggert recalled that these roads were brought up in
the first place because of the terrible maintenance problems out
there and because one of the roads is the route for the school
bus. She felt you could park in some of those ruts out there on
any given day, especially after a rain, and Commissioner Scurlock
believed you could disappear in some of them.
44
The Chairman opened the Public Hearing, and asked if anyone
wished to be heard on the paving of 85th Court.
Attorney Marine stated that his clients object to the
project as it affects this particular piece of property, which is
undeveloped, raw land with just a lot of pines and palmetto
brush. The 20 -acre parcel has about 690 feet of frontage on
SR -60 and about 1200 feet along 85th Court. Their feeling is
that it would not be of any benefit to them at the present since
they are not using the property for any purpose, unlike the home
owners in Paradise Park Subdivision who clearly have a measurable
benefit. A benefit would be derived at some time in the future
if it is developed. They feel so strongly about this that they
would be willing to sign a restriction covenant against this
property eliminating the rights of ingress and egress to 85th
Court with the understanding that ingress and egress could be
restored to the property in the future after paying the
appropriate assessment.
Commissioner Bird felt that argument could be used on every
vacant lot in the County in that any developer would prefer to
pay the assessment for paving when they actually start to develop
the property, but Attorney Marine felt this is a special
circumstance in light of the size of this particular property and
the fact that it is not being used.
Commissioner Scurlock didn't buy the argument, and Chairman
Eggert agreed since it is commercial.
Attorney Marine argued that another special circumstance is
that the proposed assessment of $16,622 is one of the largest
assessments and will derive the least benefit. He emphasized
that this is not unprecedented; it has been done a number of
times in the past in St. Lucie County.
Since there is a for sale sign on the property, Commissioner
Scurlock felt that is a benefit right there.
Administrator Chandler pointed out that if they reserve the
right to pay the assessment at a later date, we would have to
45
JUR 5 1990
JUN 5 1990
BOOK 80 F,t;i:245
recompute the assessment roll and spread that cost to the other
property owners.
County Engineer Roger Cain felt that putting a ban on access
along 85th Court would be contrary to good access management, and
he would not recommend that approach.
Director Davis advised that this tract has approximately 250
of the frontage on this entire project, and that 58.50 of the
owners were in favor of the paving and had signed the petition.
He explained that our petition process qualifies ways. It is
either the number of property owners or the number of front
footage.
Attorney Marine noted that they never received notice of the
petition; the first thing they received was the letter from Mrs.
Gentile.
Director Davis noted that the property owner is in Palm
Beach and many times residents going door to door for signatures
on the petition do not contact out of town owners.
Commissioner Bird didn't feel we are in a position or would
want to delay assessments against these type of properties.
Harold Bornheim, 8515 22nd Street, stressed that ingress and
egress on 85th Court is atrocious. In fact he very rarely uses
85th Court because he finds it better to go all the way down to
88th or 87th where at least half of it is paved. The dust that
is raised on 85th Court infiltrates the whole area and both sides
of that road are used for dumping grounds.
Mr. Bornheim asked what type of drainage is proposed for
this project, and Mrs. Gentile advised that it will be an open
swale and that the swales will be completely sodded. There will
be cross drains, culverts and some catch basins with exfiltration
trenches. At some of the driveways we will construct ditch
blocks eliminating driveway culverts, and we will do this on 22nd
St, as well as 85th Court. There is a set of construction plans
in the County Engineering office on the third floor in this
building if Mr. Bornheim wishes to review them.
46
Mr. Bornheim also asked about the payment schedule, and Mrs.
Gentile explained that the payment schedule, as it stands right
now, gives the property owner 2 years in which to pay the
assessment. The first payment would be due one year after the
project is completed and the Board has approved the final
assessment which reflects the actual cost of the project. The
property owners can pay off the assessment within 90 days without
incurring any interest,�or in two annual installments at 12%
interest. Mrs. Gentile advised that we are hoping to go to
contract by the end of this summer or in the fall.
Richard Letsinger, president of Number Fourteen Corporation,
noted that it isn't that they don't want the road, it is just
that the cost is startling. He didn't see much use in arguing
about this, since they do own approximately 50% of the frontage
along that road, but he was relieved to hear about the payment
plan.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Scurl..ock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation and adopted Resolution 90-72,
confirming the assessment roll for certain paving and
drainage improvements to to 85th Avenue and 85th Court
in Paradise Park Subdivision.
ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE
35TH AVENUE FROM 4TH STREET TO 6TH STREET
Michelle Gentile of Engineering read aloud the following
petition received just prior to this meeting from the residents
of 35th Avenue requesting a payment time of five years.
►SUN`. 5 1990 47 Eaoo� �� f',,;E 4u
UN 5
oI 190
BOOK,l J F',1UE d
WE, THE RESIDENTS OF 35TH AVENUE, IN ANTICIPATING
THE PAVING OF OUR STREET, REQUEST THAT THE BOARD OF COUNTY
COMMISSIONERS PERMIT US TO EXTEND THE PAYMENT TIME TO FIVE
YEARS. THIS WOULD PREVENT UNDUE HARDSHIPS AND FINANCIAL
STRESS.
WE APPRECIATE YOU WORKING WITH US IN THIS AREA.
9. Lf 4s 3 5% Rare. , 6 - A- q0
zl7s
IY7s-
.4f f �-
LlgS
SYS"
3S+� 4VC-
612-19Z5
3j7z qui
301:z AA.. -6
Public Works Director Jim Davis explained that there is some
uniqueness in this project due to the fact that the east side of
this road has an Indian River Farms Water Control canal, which
puts the entire assessment on the property owners on the west
side of the road.
Commissioner Scurlock stated that he would be receptive to a
5 -year payment plan on this particular assessment since there are
48
special circumstances in that there is a disproportionate burden
being borne by these residents.
Chairman Eggert opened the Public Hearing, and asked if
anyone wished to be heard on the paving of 35th Avenue.
Steve DuPlessis, 545 35th Avenue, asked what width of the
road is being paved, and Mrs. Gentile explained that we have 35
feet of right-of-way on 35th Avenue and the engineer has designed
18 feet of pavement with 1" asphalt and 6" of soil/cement base
with swale retention on the west side.
Mr. DuPlessis questioned the cost of $28.32 per front foot
and asked why their cost is so high compared to some of the other
projects discussed today, and Mrs. Gentile explained that the
brunt of the assessment is being borne by the property owners on
the west side of the road because the assessment doesn't include
the front footage on the east side which is owned by the water
control district.
Mr. DuPlessis pointed out that the water control district
has access at the end of 35th Avenue at 6th Street where they
bring in their machinery for doing work in the canal. They also
have an access out onto 4th Street at the other end, so they
would benefit by the paving. The property owners on 35th Avenue
don't feel they should have to pay for the entire paving project
since it will benefit everybody, not just them. In addition,
there would be a benefit to the County just in maintenance alone
since they no longer would have to bring a grader down there.
Director Davis explained that the County pays 250 of the
paving project and that the maintenance benefit accrues in that
25%.
Commissioner Scurlock felt that Mr. DuPlessis is asking why
there isn't an ability to assess those people on the other side
of the canal, and Director Davis explained that once that
property was platted they probably would have access onto 4th
Street and not this subdivision.
JUN 1-5 19�/ 49UGK tj ,F,1GE �'
�i
Fr- -I
JUN
5
1990
BOOK
Commissioner Scurlock felt that
if the Public Works
Department were to take the position of not allowing them to
access 35th Avenue, it would be correct. However, if no action
is taken at this time, it would not be fair when it is platted to
allow them to access 35th Avenue as well as 4th Street since they
would not have paid their fair share of the assessment.
Director Davis believed this was a little different than the
other situations today because of the canal between the two
subdivisions. The property owner to the east of the canal
doesn't have the ability to access 35th Avenue independently as
the property owner did on _85th Court or the cemetery. He would
have to get a permit from the Indian River Farms Water Control
District, and perhaps he might not be able to get the permit. if
the property was platted and it was logical for a street
connection onto 35th Avenue, the County Public Works Department
would have no objection. He couldn't honestly say that the
property owner has the right to do it because there is another
governmental entity that has to grant a permit.
Attorney Vitunac explained that there is a difference here
between this situation and the property owners on 85th Court. In
this situation, the County's regulations on a local road give the
property owner the right to enter onto 4th Street. There is a
canal which he doesn't have a right to cross without going
through some kind of petition process with another governmental
entity. If he does get the right to cross the canal, he would
get a benefit from the paving of 35th Avenue. The Board has the
power to assign him a benefit right now and charge him some
percentage of the assessment by stating that they feel he has a
potential right to obtain a permit to put in a proper culvert.
Mr. Du plessis reiterated that the water control district
has access to 35th Avenue at the end of 6th Street to bring in
their machinery, and if they are not going to pay any part of the
assessment, the residents wish to see that access blocked off.
50
M M M
Director Davis wasn't sure that we could assess the water
control district, and Attorney Vitunac advised that we can, but
we would have to find a benefit.
Commissioner Bird felt that when the property on the other
side of the canal is subdivided, it will access onto 4th Street,
and he didn't see any benefit for the subdivision to make a
connection to 35th Avenue and go into another neighborhood.
Chairman Eggert felt that is something that we are going to
have to watch, or say that there is at least some partial benefit
to it.
Director Davis explained that we have made an extra effort
to design this roadway in the least costly way by such things as
reducing the pavement width to 18 feet. We have tried to reduce
the burden as much as possible and are recommending a 5 -year
payment plan.
Dee Puffer, 475 35th Avenue, wished to point out that when
they purchased their house 8 months ago, no mention was made of
this petition paving process. She felt this assessment is going
to put a lot of burden on people i'n that neighborhood and felt
that if the County would go another 5% and if the water control
district would pay a part of the project, it would help to ease
that burden.
Commissioner Bird agreed that the residents do have a
burden, but he felt they will benefit by the paving through the
increased value of their homes.
There being no others who wished to be heard in this matter,
the Chairman closed the Public Hearing.
51 RUCK '.3 F.1vE�
IJUI I 5 1990
JUN. 5 15so
BOOK PAGE
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board approved staff's
recommendation of a 5 -year payment schedule on this
project, and adopted Resolution 90-73, confirming the
assessment roll for certain paving and drainage
improvements to 35th Avenue from 4th Street to 6th
Street in Clemann Estates Subdivision, Unit 1.
ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE
RESOLUTION NO. 90- 70
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE ASSESSMENT ROLL
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 12TH AVENUE BETWEEN 12TH
STREET AND 14TH STREET IN RIVENBARK
SUBDIVISION
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-60 providing for certain
paving and drainage improvements to 12th Avenue between 12th
Street and 14th Street in Rivenbark Subdivision; and
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-59 setting the date and
time for a public hearing to discuss the advisability, costs and
amount of the assessment against each property owner; and
WHEREAS, this hearing was held on June 5, 1990 and
input from property owners and the public was heard at public
hearing,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. The attached assessment roll for certain paving and
drainage improvements to 12th Avenue between 12th Street and 14th
Street in Rivenbark Subdivision as equalized and adjusted after
52
public hearing is approved, pursuant to Section 11-47, Code of
Laws and Ordinances of Indian River County, and $2,500.00 will be
assessed to the City of Vero Beach in recognition of limited
benefit to the City Cemetery, and the balance of $8,654.00 will
be paid for by Indian River County.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was
seconded by Commissioner Bird
put to a vote, the vote was as follows:
Chairman Carolyn R. Eggert Ave
Vice -Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
and, upon being
The Chairman thereupon declared the resolution passed
and adopted this 5th day of June, 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
CAROLYN K EGGERT,irman
X4
53 8UGK F'Au�
JUN 51990
BOOK 80 PAGE
RESOLUTION NO. 90- 71
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE ASSESSMENT ROLL
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 15TH PLACE EAST OF U.S.
1 TO 7TH AVENUE
GIEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-61 providing for certain
paving and drainage improvements to 15th Place east of U.S. 1 to
7th Avenue; and
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted -Resolution No. 90-59 setting the date and
time for a public hearing to discuss the advisability, costs and
amount of the assessment against each property owner; and
H EREAS, this hearing was held on June 5, 1990 and
input from property owners and the public was heard at public
hearing,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. The attached assessment roll for certain paving and
drainage improvements to 15th Place east of U.S. 1 to 7th Avenue
as equalized and adjusted after public hearing is approved,
pursuant to Section 11-47, Code of Laws and Ordinances of Indian
River County.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was
seconded by Commissioner Wheeler
put to a vote, the vote was as follows:
54
and, upon being
Chairman Carolyn K. Eggert Agee _
Vice -Chairman Richard N. Bird Ave
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Av-
Commissioner Gary C. Wheeler Ave
The Chairman thereupon declared the resolution passed
and adopted this 5th day of June, 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By 4
CAROLYN EGGERT airman
55
PC�UI� F'il
JUN 5 1990
� � J
U U N 5 1990
BOOK 80 P.9r,E x'55
RESOLUTION NO. 90--72
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE ASSESSMENT ROLL
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 85TH AVENUE AND 85TH
COURT IN PARADISE PARK SUBDIVISION
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-62 providing for certain
paving and drainage improvements to 85th Avenue and 85th Court in
Paradise Park Subdivision; and
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-59 setting the date and
time for a public hearing to discuss the advisability, costs and
amount of the assessment against each property owner; and
WHEREAS, this hearing was held on June 5, 1990 and no
complaints were heard at public hearing,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1:' The foregoing recitals are affirmed and ratified in
their entirety.
2. The attached assessment roll for certain paving and
drainage improvements to 85th Avenue and 85th Court in Paradise
Park Subdivision is approved, pursuant to Section 11-47, Code of
Laws and Ordinances of Indian River County.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was
seconded by Commissioner Wheeler and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert AMP
Vice -Chairman Richard N. Bird AM,
Commissioner Don C. Scurlock, Jr. AM_
Commissioner Margaret C. Bowman AyP
Commissioner Gary C. Wheeler AyP
The Chairman thereupon declared the resolution passed
and adopted this 5th day of June, 1990.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY L
CAROLYN EGGERT. airman
s � r
RESOLUTION NO. 90-73
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE ASSESSMENT ROLL
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 35TH AVENUE FROM 4TH
STREET TO 6TH STREET IN CLEMANN ESTATES
SUBDIVISION, UNIT 1
WHEREAS, on -May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-63 providing for certain
paving and drainage improvements to 35th Avenue 4th Street to 6th
Street in Clemann Estates Subdivision, Unit 1; and
WHEREAS, on May 15, 1990 the Board of County
Commissioners adopted Resolution No. 90-59 setting the date and
time for a public hearing to discuss the advisability, costs and
amount of the assessment against each property owner; and
WHEREAS, this hearing was held on June 5, 1990 and
input from property owners and the public received;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. The attached assessment roll for certain paving and
drainage improvements to 35th Avenue from 4th Street to 6th
Street in Clemann Estates Subdivision, Unit 1 is approved,
pursuant to Section 11-47, Code of Laws and Ordinances of Indian
River County and payment schedule proposed in Resolution 90-63 is
hereby extended from two,years to five years.
The foregoing resolution was offered by Commissioner
';rttrlock who moved its adoption. The motion was
seconded by Commissioner
Bird
put to a vote, the vote was as follows:
JUN 5 �9Q 57
and, upon being
Boor. 80 F'g �5�
Ink 51990 BOOK 0
j RESOLUTION NO. 90- 73
d
Chairman Carolyn K. Eggert Aye
Vice -Chairman Richard N. Bird Ay@—
Commissioner Don C. Scurlock, Jr. Aye j
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution passed
and adopted this 5th day of June, 1990.
ATTEST:
I Yyo
Admin.
Legal
Budget
Eng
oval
Risk MS
. . . . . . . . 'ri ?.,I Md
Apgrr.,yed Pate
35avecon.res
Cc)
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ByeLA�J
CAROLYN . EGGER , Chairman
58
LAND ACQUISITION
The Board reviewed the following memo dated 5/30/90:
To: Board of County Commissioners DATE: May 30, 1990 FILE:
SUBJECT. ZAA/A,! 16,vu15
James E. Chandler
FRO : County Administrator REFERENCES:
During the last several months, staff, in conjunction with Commissioner
Bowman, had reviewed the feasibility of acquiring the 291.4 acre tract on
Oslo Road adjacent to the Florida Medical Entomology Laboratory.
The asking price is $2.3 million. The owner's agent had indicated that the
price is not negotiable and the owner would not consider terms. Staff had
difficulty in formulating a viable funding program from current sources for
$2.3 million. In the interim, the Commission established procedures for
developing a priority list for a potential countywide land acquisition program.
Subsequently, a potential purchaser applied for a rezoning of the property.
The application was denied by the Planning and Zoning Board and an appeal
has been filed.
Recently, St. Johns River Water Management District staff advised that the
property meets the Districts criteria for acquisition. As reflected in the
attached letter, staff is recommending the District participate in the
purchase. The specific conditions and dollar' amount have not been
established.
If the County is to proceed, independently of the new Land Acquisition
Program, depending on the County contribution necessary, it appears funding
would require a combination of sales tax, reserve, and/or budget
appropriation next fiscal -year.
The preceding is being submitted for the June 5th meeting for discussion and.
concurrence to continue analyzing the feasibility of acquisition.
JEC/mg
Administrator Chandler explained that at this point in time
they are just looking for concurrence to continue analyzing the
feasibility of acquisition of this property. At this point, we
don't have sufficient particulars from the St. Johns River Water
Management District as to what those terms might be with regard
to participation, but if the Commission has an interest, we can
pursue that and bring it back to the Board. There is an option
5 9
I UN 51990
_I
JUN
BOOK 8�O
on
the property,
but the Planning & Zoning Commission has denied
their application and that will be coming to the Board sometime
in July.
Commissioner Scurlock felt that with the State, the County
and the Water District all interested in acquiring this property,
it would push it to a high priority list of some sort. That is
what he preferred to do, because he felt that if we are going to
do anything outside the overall land acquisition program that we
are trying to develop, we are going to have to get some funding
from some place other than Indian River County.
Mr. Hawkins, a gentleman from the audience, advised that
there is some private interest in participating with the public
on the property over a period of time as part of their on-going
process here locally, and Chairman Eggert asked that he get
together with Administrator Chandler on that interest.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, that the Board authorize
Administrator Chandler to go ahead and spend some time
and effort to analyze what funds are available and then
come back to the Board with options on what direction
to take.
Under discussion, Commissioner Bird expressed his concern
about who is going to manage this property and maintain it in the
future, what we are going to use it for, and how much of it the
public will have access to.
Commissioner Bowman viewed the 66 acres of coastal hammock
as being used as a passive park with perhaps a jogging trail and
natural trails.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
60
RELEASE OF EASEMENT - INDIAN RIVER HEIGHTS SUBDIVISION,_ UNIT 7 -
LOT 24, BLOCK J - JOHN LAIRD
The Board reviewed the following memo dated 5/15/90:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
t
v
Ro er eating, ICP
Community Developme t Di ctor
THROUGH: Roland M. DeBloisCP
Chief, Environmental Planning
and Code Enforcement
FROM: Charles W. Heati���,�,
Code Enforcement Officer
DATE: May 15, 1990
SUBJECT: Release of Easement Request by: John Laird
Lot 24, Block J, Indian River Heights
Subdivision Unit No. 7
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of June 05, 1990.
DESCRIPTIONS AND CONDITIONS:
The County -has been petitioned by John Lai -rd, owner of the subject
property, for the release of a two (2) foot portion of a twelve
(12) foot side lot utility and drainage easement of Lot 24, Block
J, Indian River Heights Subdivision Unit No. 7, being the southerly
two (2) feet of the -northerly twelve (12) feet of Lot 24, Block J,
Indian River Heights Subdivision Unit No. 7, according to the plat
thereof as recorded in Plat Book 7, Page 29 of the Public Records
of Indian River County, Florida. It is the petitioner's intention
to construct a single-family residence on the property, and not
have -the roof eave overhang encroach into the platted utility and
drainage easement.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by .Southern Bell Telephone Company,
Florida Power & Light Company, Florida Cablevision Corporation, and
the Indian River County Utility Department, Road & Bridge Division
and the Engineering Division. Based upon their reviews there were
no objections to the release of that portion of the easement.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of the southerly two (2) foot portion of
the northerly twelve (12) foot utility and drainage easement of Lot
24, Block J, Indian River Heights Subdivision Unit No. 7, according
to the plat thereof as recorded in Plat Book 7, Page 29, of the
Public Records of Indian River County, Florida.
U 61 QOOK�.! F4U 1
►JUN 5 1890
below, and
BOOK 80PAGE
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out in the above memo,
and adopted Resolution 90-74, abandoning certain
easements in the Indian River Heights Subdivision Unit
No. 7, Lot 24, Block J.
RESOLUTION NO. 90-74
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ABANDONING CERTAIN EASEMENTS IN THE INDIAN
RIVER HEIGHTS SUBDIVISION UNIT NO. 7, LOT 24,
BLOCK "J", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 7, PAGE 29, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Indian River County has easements as described
WHEREAS, the retention of those easements serves no
public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River
County, Florida, a political subdivision of the State of Florida,
whose mailing address is 1840 25th Street, Vero Beach, Florida
32960, Grantor, to John Laird, his successor in interest, heirs
and assigns, whose mailing address is 231 10th Court, Vero Beach,
Florida 32962 Grantee, as follows:
Indian River County does hereby abandon all right,
title, and interest that it may have in the following described
easements: a two (2) foot portion of the side lot twelve (12) foot
utility and drainage easement of Lot 24, Block "J", Indian River
Heights Subdivision Unit No. 7, according to the plat thereof as
recorded in Plat Book 71 Page 29 of the Public Records of Indian
River County, Florida: being the southerly two (2) feet of the
northerly twelve (12) feet of Lot 24, Block "J", Indian River
Heights Subdivision Unit No. 7, County Florida.
62
e
_I
Scurlock
THIS RESOLUTION was moved for adoption by commissioner
, seconded by Commissioner Wheeler
and adopted on the 5th day of June , 1990, by the
following vote:
Commissioner Eggert
Commissioner Wheeler
Commissioner Bird
Commissioner Bowman
Commissioner Scurlock
Aye
Aye
Ave
Aye
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5th , day of
June , 1990.
BOARD OF COUNTY COMMISSIONER
OF INDIAN RIVER COUNTY,
FLORIDA
ZZ,Z,, 4�� r::Uz�
By
Carolggert,VE IlJiirman
CHANGE ORDER #2 - PHASE III - COUNTY JAIL
The Board reviewed the following memo dated 5/23/90:
TO: Board of County Commissioners
FROM: Doug Wrighi, Director
Emergency Management Services
DATE: May 23, 1990
SUBJECT: Approval of Change Order #2 - Phase III Indian River
County Jail
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
Since the bid was awarded and the contract with Robert F. Wilson,
Inc., was finalized, nine proposal requests (PR) have been submitted
for various reasons as noted. All PR's have been recommended by the
Architect and Construction Manager. The proposal requests are as
follows:
PR # ITEM
1
3
4
Grease Trap
(Additional)
Electric conduit in
tunnel
REASON COST
Required by Health $ 981
Department No time
Space in tunnel No money
No time
Plumbing floor drain Plumbing Inspector's $2,950
and hose bibs interpretation of code No time
6 Relocate roof drain
leaders
Not coordinated on drawings $1,535
No time
63
II
F_
[JUN 51990
7
Metal to PVC
conduits
8
Change fixtures
Room D-258
9
Electrical
Modifications
10
Phone conduits
11
Water Closet
Room D-202
BOOK
Contractor and architect
agreement
Wrong fixture specified
not compatible with
ceiling
To save space in electric
room & benefit owner in
future construction
Requested by Sheriff's
Office
Left off drawing
PROPOSAL REQUEST TOTAL ADDITIONAL EXPENSE
ALTERNATI`►ES AND ANALYSIS
($2,463)
No -time
($113)
No time
($387)
No time
$3,458
No time
$2,892
No time
$8,853
No time
The Proposal Requests increases the funding required for construction
of Phase III of the detention facility by $8,853. The Construction
Manager has throughly reviewed each PR and determined the work and
related costs to be reasonable and necessary. Approval by the Board
of County Commissioners will authorize the Architect to issue a
single change order to -cover these nine PR's.
Proposal Request #2 and 5 will be covered in a following Change Order
for consideration by the Board of County Commissioners.
Authorization by the Board for a transfer of funds from the project
contingency account to account #315-906-581-099.91 will be necessary.
The current balance in the contingency account is $165,1150. Upon
transfer of funds in the amount of $8,853, the balance in the Phase
III contingency account will be $156,297.
No time was added to the specified date for completion in the above
PR's. The scheduled date for completion as stated in Change Order
#1 remains March 11, 1991.
RECOMMENDATION
Based upon data/information received from the Construction Manager
and architect, staff recommends the Board approve of the Proposal
Requests referenced above and authorize the Architect to issue a
Change Order pursuant to the existing Contract. Staff also
recommends the Board approve the transfer of funds in the amount of
$8,853 from contingency to operating accounts for the Phase III
construction project.
Commissioner Wheeler questioned the $34,000 request for
phone conduit, and Director Doug Wright explained that because
the plans were on the shelf for more than a year while we were
waiting for the referendum, it was determined by the Sheriff's
Office that they needed some additional phone outlets in the
64
kitchen area, and this was added to the design after the contract
was signed.
Commissioner Bowman couldn't understand why an architect
wouldn't know the law with regard to grease traps, and felt
certain it was sheer carelessness on the part of a draftsman to
leave the water closet off of the drawing.
Administrator Chandler emphasized that we have had some very
strong discussions with -our architect on this project,
particularly on the fire wall, and he felt we got their
attention.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation as set out in the above
memo and approved Budget Amendment #062 in the
amount of $8,853.
CHANGE ORDER #2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
NUMBER: 062
FROM: Joseph A. Baird, OMB Directo DATE: June 5. 1990
1EXPENSE
1 !OPTIONAL SALES TAX/
(JAIL PHASE III/
d_... -Q.
_ i�UOK �� F�3vE
'J 5 1� 6 5
JUN 5 J990
CHANGE ORDER #3 - PHASE III - COUNTY JAIL
BOOK -80
The Board reviewed the following memo dated 6/4/90:
TO: Board of Clun y Commissioners
FROM: Doug Wright, Director
Emergency Management -Services
DATE: June 4, 1990
SUBJECT: Authorization for Issuance of Change Order #3 - Phase
III Indian River County Jail
It is respectfully requested that the information contained herein
be given formal consideration by the Board.of County Commissioners
on an emergency basis at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Construction Manager has submitted information concerning
Proposal Request #5 which requires consideration by the Board of
County Commissioners on an emergency basis to preclude additional
money and time to the existing construction contract.- Although
Proposal Request #2 is included in this agenda item, it is not of
an emergency nature, but should be included in Change Order #3.
Information pertaining to the PR's is as follows:
Proposal Request #2 - This PR was requested by the Sheriff's Office
and changes a shower to a tub in the female detention area.
Although this change is not required, it is suggested by the
Department of Corrections for reasons related to inmate hygiene.
The Construction Manager and Architect have reviewed and approved
this PR. No time would be added to the construction contract and
a credit of $7,929.60 to the County will result if the PR and
Change Order is approved by the Board of County Commissioners.
The Construction Manager will pursue any additional funds that will
increase the amount of the credit to the County.
Proposal Request #5 - 'This PR relates to an area separation wall
and resulted due to a building code interpretation by the Building
Department. The Architect stated that Chapter 33-8, Florida
Administrative Code for County Detention Facilities was followed
in terms of construction rather than the Southern Building Code.
The Southern Building Code requires a four hour separation wall
and the Architect designed a two hour separation wall.
This issue has been reviewed in depth. It has been discussed
formally in two construction progress meetings and another special
meeting in which the County Administrator summoned the Architect,
Construction Manager, Building Department officials, and the
Project Manager to ascertain facts and information as to the origin
of the problem and reasons for the time delay in resolving it.
The initial estimate submitted by the Contractor was in the range
of $70,000. The figure was based on a misunderstanding or
inaccurate interpretation of information in transmitting the scope
of work included in this PR. The next figure provided was
approximately $32,000 for the area separation wall. The final
figure being submitted by the Construction Manager as a result of
66
� � r
C
negotiations is a not to exceed number of $14,960.08, excluding
stucco and grouting. The grouting portion will be done by the
Contractor at a cost of $806.25 a day plus $5.40 per cubic foot of
grout or approximately $4,000 for this work. This would make the
total additional work approximately $18,960. These figures include
overhead and profit for Robert F. Wilson Construction Company. The
Construction Manager will pursue any additional savings available
if some of the walls to be grouted are found to have been poured
in*prior.construction work.
The stucco portion of PR #5 has been removed and a new PR will be
issued for inclusion in a following change order that will be
submitted to the Board of County Commissioners for approval.
ALTERNATIVES AND ANALYSIS:
The Construction Manager contacted the Project Manager late in the
afternoon on Friday, June 1, 1990, advising of the final figure
negotiated and requested authority to advise the Contractor to
proceed with the work Monday morning. The reason for the urgency
is that this matter has been ongoing since January, 1990, when the
Building Department issued a Conditional Permit for the project to
begin. The Architect has taken so long in resolving the area
separation wall matter that the Contractor is now at the point in
the project that he could be eligible for and seek additional time
and money since his construction schedule is possibly being
adversely impacted.
The County Administrator took all factors under consideration and
approved the request with the objective of adding the matter to
the agenda for retroactive approval by the Board on June 5, 1990.
The position taken by the County Administrator is that any
additional funding will be reviewed to determine if costs exceed
what the initial costs would have been if the specifications had
been included in and bid on in the original documents. Staff
submits that an amount approximately equal to PR #5 would have been
in the base bid if it had been included in the original
specifications.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners
retroactively approve the action by the County Administrator and
authorize the Architect to issue Change Order #3 which when
combined with the credit in PR #2, the total for Change Order #3
will be $11,030.40. The Change Order will not include any
additional construction time. Staff also recommends that the Board
authorize the Chairperson to execute the formal Change Order.
The original bid award for the contract was $5,103,000. No
additional funding was required in Change Order #1 since ten days
was given to the Contractor. Change Order #2 adds $8,853 and if
approved, Change Order #3 will add $11,030.40 making the adjusted
contract amount $5,122,883.40. Since no time is being added, the
completion date remains March 11, 1991.
r
JUN
5 100
Boer 80 Pthu 267
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Architect's issuance of Change Order #3 as set out
in the above staff recommendation.
(:CHANGE ORDER #3 NOW RECEIVED AN6 ON FILE IN THE OFFICE OF CLERK
TO THE BOARD)
USE OF COUNTY FAIRGROUNDS BY THE NATIONAL GUARD
The Board reviewed the following memo dated 5/21/90:
TO: Members of the Board
of County Commissioners
DATE: May 21, 1990
SUBJECT: USE OF COUNTY FAIRGROUNDS BY
THE NATIONAL GUARD
FROM: Robert J. Komarinetz
Director of Leisure Services
The National Guard Organization C -2 -265th ADA (HAWK) of Vero Beach, Florida has
requested the periodic use of the County Fairgrounds as a training site for the operations
of the HAWK missile program. There is available a picture illustration, in the
Commission Chambers, of their maneuver set-up as they previously demonstrated to us
during an exhibition a few weeks ago.
There will be NO live ammunition used during any of these training sessions and they
will be responsible to keep the premises in a neat, orderly and sanitary condition.
The National Guard will not be charged a rental fee, although they will work around all
other regularly scheduled events.
RECOMMENDATION
Staff recommends the National Guard Organization C -2 -265th ADA (HAWK) the use of
the Fairground facility as a training site and execute the enclosed agreement.
68
I
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the agreement with the National Guard for the use of
the County Fairgrounds facility as a training site.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ???
TIME EXTENSION FOR KIMLEY-HORN & ASSOCIATES ON PETITION PAVING
PROJECTS
The Board reviewed the following memo dated 5/18/90:
-----------------------------------------------------------
TO:
----------------------------------------------------------TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director<
and
Roger D. Cain, P.E.
County Engineer nt, /j
FROM: Michelle A. Gentile,` CET�(�
Civil Engineer
SUBJECT: Time Extension for Kimley-Horn & Associates, Inc.
on Petition Paving Projects:
1) Frangipani Drive
2) 10th Court
3) 1st Place
4) 39th Avenue
DATE: May 18, 1990
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
On December 12, 1989 the Board of County Commissioners approved
Work Order No. 1 for the above mentioned projects. Notice to
proceed was issued on December 26, 1989. The Engineer was given
ninety (90) working days in which to complete the design.
Due to the county review process, Kimley-Horn is requesting an
additional thirty-three (33) working days to complete the
project. Plans will be delivered to the Public Works Department
on June 8, 1990.
RECOMMENDATION
Staff recommends granting the extension to June 8, 1990.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously granted
an extension to June 8, 1990, as recommended by
staff.
69 (L� , n
BOOK. � F'q E
ebb
JUN 5199U
BOOK 80) f"1'rc ."U"
REQUEST FROM RESIDENTS OF WABASSO FOR COUNTY TO CONSTRUCT AN
UNPAVED ROADWAY ALONG 62ND AVENUE SOUTH OF CR -510
The Board reviewed the following memo dated 5/15/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from Residents of- Wabasso for County to
Construct an Unpaved Roadway along 62nd Avenue
South of CR510
DATE: May 15 ,1990
DESCRIPTION AND CONDITIONS
The Public Works Department has received a petition signed
by 21 residents of Wabasso requesting that the county
construct and maintain an unpaved, stabilized roadway along
the existing platted 50' right-of-way known as 62nd Avenue
within the Colored School Subdivision south of CR510. The
roadway construction, would be approximately 1,275 LF at an
estimated cost of $15,000..4.-ngineering, surveying, and
miscellaneous cost would cost approximately $5,000.
It appears that houses have been constructed on nine lots
which are currently using a unpaved trail over private
property between the rear of the lots in Block 2 of the
Subdivision. The trail is, at some times of the year,
hazardous and emergency vehicles would have difficulty
accessing the area.
ALTERNATIVES AND ANALYSIS
The alternatives are
Alternative No. 1
Construct an unpaved roadway along 62nd Avenue at a
total estimated cost of $20,000. To fLind the cost, an
assessment could apply to approximately 12 lots along
the west of the road and undeveloped acreage to the
east. The cost per lot would be approximately $833. A
paved roadway would cost an additional $15,000 or
$1,458.33 per lot. After construction, the road and
Bridge Division would assume maintenance.
Alternative No. 2
Construct an unpaved roadway along 62nd Avenue without
assessing the property owners. This would result in
benefits to individual property owners and would not be
consistent with past road improvement programs.
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative No. 1 be approved and
that staff be authorized to meet with the Property Owners to
determine if they are willing to fund a paved road special
assessment project.
70
PETITION FOR CONSTRUCTION
OF UNPAVED ROAD
WE, THE RESIDENTS
OF 62ND AVENUE
HEREBY PETITION THE
COUNTY
TO CONSTRUCT AN UNPAVED
ROAD SOUTH OCR510.
19A'I
4e--Zlda�
Mr/m
i
7�
7d
Chairman Eggert asked if the residents are aware of the
costs of this paving, and Public Works Director Jim Davis
confirmed that they are aware of the costs. It is somewhat of a
unique situation in that the people are using private property to
access their homes. In addition, it is not a good situation for
access of emergency vehicles.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternate #1 as set out in the above staff
recommendation.
�
JUN � X90 1 p�o� �� Fa�� �1
F,
'JUN
�
X990
bou 80 P,�'UE271
On
behalf of the residents along 62nd Avenue, Ethell Weaver
thanked the Commission for finally getting this road for them.
REQUEST FROM U.S. FISH AND WILDLIFE SERVICE FOR TWO-YEAR DELAY IN
DEVELOPING TREASURE SHORES PARK
The Board reviewed the following memo dated 5/21/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from US Department of the Interior Fish
and Wildlife Service for two year Delay in
Developing Treasure Shores Park
REF. LETTER: Earl Possardt, USDIFWS to Robert Keating
dated April 30, 1990
DATE: May 21, 1990
DESCRIPTION AND CONDITIONS
A proposed Archie Carr National Wildlife Refuge is being
planned by the US Department of Interior along the 20 -mile
stretch of beachfront between Melbourne Beach and Wabasso.
The 3.2 mile stretch along the North Barrier Island includes
all the beachfront land north of the south property line of
Golden Sands Park with the exception of Ambersand Beach
Subdivision and minor developed areas. The US Fish and
Wildlife Service southeastern Sea Turtle Coordinator, Earl
Possardt, has requested that Indian River County delay its
development plans for Treasure Shores Park for approximately
two years until this proposed refuge has been approved and
funded.
On March 22, the Treasure Shores Park Florida DNR FRDAP
grant application was ranked No.l in the state by the
Gobernor and Cabinet, in competition with sixty other local
government projects. The County should receive $120,000
from the state to help fund Phase I construction. Delaying
the project would probably jeopardize state funding.
ALTERNATIVES AND ANALYSIS
At this time the following alternatives are presented: -, -
Alternative No. 1
Proceed to implement Phase I construction of the
Treasure Shores Park.
72
Phase I construction will provide initial beach access
and parking along approximately 30% of the total beach
frontage or development of approximately 250 of the
total park acreage.
Within this developed acreage more than 40% of the
native vegetation will be preserved.
Alternative No. 2
Put the development of Treasure Shores Park on hold for
two years.
RECOMMMATIONS AND FUNDING
Due to the limited scope and overall impact of Phase I, it is
recommended that Alternative #1 be approved whereby the
County proceeds with implementing Phase I construction of
Treasure Shores Park.
Commissioner Bird felt that, as far as he was concerned, to
delay construction for two years is a very unreasonable request,
since we are making every effort to develop this park in a very
passive way and the delay might jeopardize the $120,000 grant
from the State. His recommendation would be that we respectfully
decline to delay development of the park.
MOTION WAS MADE by Commissioner.. Bird that the Board
respectfully decline to delay the development of Phase
I of Treasure Shores Park.
Under discussion, Commissioner Bowman understood that the
Board would be authorizing just the development of Phase I today,
and Director Davis assured her that almost 1000 of the coastal
hammock will be left intact.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
Commissioner Bowman didn't understand how Earl Possardt
could have rejected a plan such as this, and suggested that we
73 BOOK U0 PAGE
JUN 51990
BOOK PACES
get hold of the Fish and Wildlife Service and explain our plan to
them again.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously accepted
for the record the $120,000 grant from the Florida
Department of Natural Resources for the development of
Treasure Shores Park under the Florida Recreation
Development Assistance Program.
RIGHT-OF-WAY PURCHASE - INDIAN RIVER BOULEVARD - PHASE IV -
PARCELS #101, #102, AND #103
The Board reviewed the following memo dated 5/23/90:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.E.
tlK
Capital,Projects Manager
SUBJECT: Indian River Boulevard Phase IV
Right -of -Way Purchase, Parcel #101 - Margaret
Knight, Parcel #102 - C. Reed Knight, Parcel
#103 - D. Victor Knight
DATE: May 23, 1990
DESCRIPTION AND
On November 1, 1989, The Board authorized the purchase of
needed right-of-way from six property owners for Indian
River Boulevard Phase IV. A budget amendment was approved
for the purchase of these six parcels at the May 6, 1989
appraised market value. The amendment included funds for
attorneys fees, incidental recording, title insurance and
miscellaneous fees.
Following the Board's Nov. 1, authorization, the property
owners requested changes to the County's plans to provide
for additional drainage, grove access roads, and mitigative
incidentals. In addition, the property owners requested
that the County communicate with their personal engineer,
Carter Associates, Inc., to insure that the road design did
not adversely impact the remaining land during and after
project completion. The County staff, County consultant,
and property owners' consultant have refined the design to
the satisfaction of the property owners.
74
Revised contracts -are being prepared at this time for the
purchase of parcels -from Margaret Knight, C. Reed Knight and
Crazy Woman Properties Inc.. The purchase price and
attorney's fees are being increased by 62% to reflect an
adjustment of Z% per month since the original appraisal on
May 7, 1989. A copy of revised contract documents and a
breakdown of costs will be delivered to Board members prior
to their June 5th meeting. The scheduled closing date for
all three parcels is June 6th.
The required legal descriptions that will be included in the
contract documents are being prepared by Carter Associates,
Inc.. The property owners have requested that the County
pay these engineering fees. Invoices for engineering fees
will be delivered to Board members with the revised contract
documents prior to June_5th.
RECOMMENDATIONS AND FUNDING
Staff requests authorization for the Chairman of the Board
of County Commissioners to execute the Contracts to purchase
parcels from Margaret Knight, C. Reed Knight, and Crazy
Woman Properties Inc.. The total adjusted cost to the
County shown on the cost breakdown for each parcel includes
purchase * price of right-of-way, attorney fees and
miscellaneous closing costs. Where applicable, the total
adjusted cost also includes the purchase of citrus trees in
temporary construction easements, severance damages and the
purchase of uneconomical remainders.
Staff also requests that the Board authorize payment of
engineering fees shown on the invoices from Carter
Associates for these three parcels.
Funding to be from account #309-214-541-066.12 Indian River
Boulevard North Right -of -Way.
75 BOOK F'i;c i
SUN 5 1990
w 5 199®
ITEM 10 G 4
Indian River Boulevard, Phase IV
Right -of -Way Purchase Authorization
-7 BOOK 0 FNE 2 1
The purchase prices authorized by the Board on November 1,
1989 for the three parcels currently under consideration are
as follows:
C. Reed Knight
6.846 acres for IRB $321,419
Attorney Fee 12,857
Total $334,276
Margaret Ann Knight
1.93 acres for IRB $ 61,792
Attorney Fee 2,472
Total $ 64,264
Crazy Woman Properties
6.06 acres for IRB $356,653
Attorney Fee 14,266
Total $370,919
The revised contract costs for these parcels, listed below,
includes the cost of additional right-of-way on 41st Street,
purchase of citrus trees in temporary construction
easements, severance damages and purchase of uneconomical
remainders.
C. Reed Knight
6.847 acres for IRB and .17 acres
for 41st Street $350,862.27
Temporary Construction Easements 7,050.00
Severance Damages 10,050.00
Recording Expenses 2,010.52
Attorney Fee 13,693.00
Title Insurance 1,829.32
Total $385,495.11
Margaret Ann Kniaht
1.93 acres for IRB $ 65,808.00
Temporary Construction Easements 1,250.00
Recording Expenses 389.82
Attorney Fee 2,633.00
Title Insurance 397.50
Total $ 70,478.32
Crazy Woman Properties
6,275 acres for IRB $393,314.00
2.13 acres for 41st Street 133,508.00
Temporary Construction Easements IRB 3,700.00
Temporary Construction Easements -41st St 3,400.00
Recording Expenses 2,976.00
Attorney Fee 15,193.00
Title Insurance 2,709.50
Contingency/Severance Damages $ 10,000.00
Total $564,800.50
A contingency item has been included in Crazy Woman
Properties because closing documents have not been finalized
as of this date. Staff requests that the Board's
authorization include this contingency to cover any
unforeseen costs to the County that may arise.
M
76
M
M
ITEM 10 G 4
Indian River Boulevard, Phase IV
Engineering Fees
Final invoices for engineering fees have not been received
from Carter Associates. The estimated final cost of
engineering services is as follows:
C. Reed Knight $ 4,500.00
Margaret Ann Knight 3,061.51
Crazy Woman Properties 6,000.00
Subtotal $ 13,561.51
10% -contingency 1,356.15
Total $ 14,917.66
Staff requests that the hoard authorize payment of the
actual cost of engineering s'arvices rendered up to a maximum
total cost of $14,917.66. \\
Assistant County Attorney Will Collins entered into the
record the following letter received from Attorney B. T. Cooksey,
who is representing the Knight family.
44
William
n �
a
William G. Collins, II, Assistant
County
Commissioners
1840 -25th Street OZ6181
Vero Beach, FL 32960 '
RE: Indian River Boulevard Right -of -Way
Margaret Knight/C. Reed Knight/D. Victor Knight
Dear Will:
Attached is a copy of Jim Davis' memo. Since the County has
threatened '.to condemn the land if negotiations are not
successful, I feel that this threat of condemnation must be
included in all the documents so that there will not be an
adverse tax impact on the parties.
Please be sure this is in all resolutions and correspon-
dence.
Very truly yours,
By on T. oksey
JU
1990 77 �fJOK8 0 FACE 0 i
LAW OFFICES OF
GOULD, COOKSEY,
FENNELL, APPLEBY,
BARKETT & O'NEILL',�
PROFESSIONAL ASSOCIATION
- --
JOHN R. BOULD
979 BEACHLAND BOULEVARD
BYRON T. COOKSEY
VERO BEACH. FLORIDA 32963
DARRELL FENNELL
TELEPHONE (4071231-1100
FRANK M. APPLEBY-
FAX (4071Z 31-2020.
LAWRENCE A. BARKETT
�, -ADMITTED IN MASSACHUSETTS
E UDENE J. O'NEILL • +
FLORIDA AND DISTRICT OF COLUMBIA
MICHAEL J. HANLEY
.FLO RICA BAR BOARD CERTIFIED
CHRISTOPHER H. MARINE
CIVIL TRIAL LAWYER
June 4, 1990
OUR FILE NO.
44
William
n �
a
William G. Collins, II, Assistant
County
Commissioners
1840 -25th Street OZ6181
Vero Beach, FL 32960 '
RE: Indian River Boulevard Right -of -Way
Margaret Knight/C. Reed Knight/D. Victor Knight
Dear Will:
Attached is a copy of Jim Davis' memo. Since the County has
threatened '.to condemn the land if negotiations are not
successful, I feel that this threat of condemnation must be
included in all the documents so that there will not be an
adverse tax impact on the parties.
Please be sure this is in all resolutions and correspon-
dence.
Very truly yours,
By on T. oksey
JU
1990 77 �fJOK8 0 FACE 0 i
I
'JUN 5X990 Boor, SO Fa�E
Chairman Eggert asked if Assistant County Attorney Will
Collins was advising the Board to use the language requested by
Attorney Cooksey, and Attorney Collins explained if property is
condemned or purchased under threat of condemnation, the owners
can take the money and roll it over within a certain time period
for a tax benefit. We have included that language in our
contracts that we will condemn if it cannot be successfully
negotiated. He felt that has been the Board's charge to them to
make a priority out of getting the right-of-way for the extension
of Indian River Boulevard.
letter a part of the record.
He had no objection to making this
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner -Bird, the Board unanimously approved
staff's recommendation as set out in the above memo
and approved the purchase agreements for Parcels #101,
#102, and #103 and authorized payment of engineering
fees to Carter Associates for these three parcels.
PURCHASE AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
CR -512 CORRIDOR IMPROVEMENTS - FLORIDA EAST COAST RAILROAD
CROSSINGS
The Board reviewed the following memo dated 517/90:
------------------------------------------------------
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: CR512 Corridor Improvements
Florida East Coast Railroad Crossings
DATE: May 7, 1990
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
Indian River County is in the process of developing plans for the
78
a � �
widening and improvements of CR512 from I-95 to U.S. 1. Lloyd
& Associates, Inc. is the engineer for this project. As part of
this project, a one-way pair is proposed with the westbound lanes
intersecting the Florida East Coast Railroad approximately a
quarter mile north of the current CR512 crossing. By -Florida
law, the Florida Department of Transportation is responsible for
coordinating new railroad grade crossings requested by local
jurisdictions. New crossings are not granted merely at the
request of the jurisdictions but must meet overall tests for
highway -rail safety and efficiency.
In the past, the F.E.C. Railroad has granted new at grade
crossings if another crossing is closed, so that a net increase
in crossings does not result.
In response to our initial request, the F.E.C. Railroad requested
the County to tunnel under the railroad at the proposed westbound
CR512 crossing. This alternative was not feasible due to
elevation constraints -and was not cost effective.
In the second round of negotiations, preliminary reports on our
request for a new crossing indicate that before the new crossing
for CR512 can be approved the county must abandon three and
possibly four existing crossings across the Florida East Coast
Railroad (even though the requested crossing is only the
westbound half of the proposed new roadway). Staff can identify
three crossings (Bay Street, 43rd Street and 87th Street) that it
feels can be abandoned without major disruption to the existing
traffic patterns, however, if the County closes three crossings
at this time, there may not be additional crossings in the future
that the County could close to mitigate future Roadway projects
such as 53rd Street, 57th Street, etc. If staff is unable to
convince the DOT that the crossing should be granted without the
need to give up three existing crossings, a decision must be made
about continuing the study with the one-way pair alternative, or
widen the existing CR512 Roadway in its current alignment.
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Continue developing -plans with the one-way
pair for CR512. If the results of current proceedings "require
the closing of the three or more crossings, continue to contest
the outcome through administrative proceedings and if necessary
through litigation. Work on the project west of the twin pair
alignment can begin prior to resolution of the crossing.
Alternative No. 2 - Modify the contract with Lloyd & Associates
to develop a new configuration for widening the present roadway
along the east end of CR512. This alternative would result in
expensive Right -of -Way acquisition along the 3300 ft. section at
an estimated cost of $ 165,000.
RECOMMENDATION & FUNDING
Alternative No. 1 is recommended. Funding will come from Account
#109-214-541-033.13
79
J
BOOK. 80 F��,E
,
JUS! 5 1990
BOOK ACE
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, that the Board approve
Alternative No. 1, as recommended by staff.
Under discussion, Commissioner Bird wasn't sure he would
agree to give up 3 railroad crossings to get one.
Public Works Director Jim Davis advised that in his
discussions with Mr. Rodriguez of District #4 of the DOT about
our concerns on this setting a precedent in the future, Mr..
Rodriguez said that each crossing is negotiable, and that if in
the future we did not have 3 crossings to give up for one, that
doesn't mean we should have to give up 3 for 1. It is basically
what do you have, what are you using., what is available to give
up, and if you have nothing to give up, you may get a new
crossing regardless.
Administrator Chandler emphasized that the recommendation is
not to give up 3 crossings, but to proceed with negotiation, and
if it becomes necessary, go to administrative hearings and
litigation.
Commissioner Bowman wondered why we are even proceeding with
the project for the one-way pair, and Director Davis explained
that since we have the right-of-way along that alignment, it
would be more economical to pursue the one-way pair project.
Commissioner Bowman pointed out that we had the right-of-way
because we got snookered into paying $200,000 for that strip of
property.
Commissioner Scurlock felt it was one of the best purchases
the County ever made. The strip of property is 6 miles long and
100 -feet wide.
Returning to the matter of the railroad crossings,
Commissioner Bird wanted staff to strongly pursue keeping as many
crossings as possible.
80
Director Davis advised that Mr. Rodriguez has told him that
if we do decide to go to an administrative hearing process on
this, it could be a 3 -year process.
Chairman Scurlock explained that his Motion is to pursue
this matter on a basis of getting one crossing and giving up one
crossing, and if it comes down to something else, staff is to
come back to the Board
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
ADOPTION OF RESOLUTION REGARDING OPEN ROAD CUT MAINTENANCE BOND
AND NON -FRANCHISED USER FEES
The Board reviewed the following memo dated 5/22/90:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and C�
Roger D. Cain, P.E
County Engineer /�—�
FROM: W.A."Bill" Meager gam
Construction Coordinator
SUBJECT: Resolutiono: 1. Open Road Cut Maintenance Bond
2. Non -Franchised User Fees
DATE: May 22, 1990
DESCRIPTION AND CONDITIONS
ITEM #1:
With the current demand for expanded utility installations
within county rights-of-way, we are faced with the
maintenance problem of open road cuts. Currently the county
does not have a vehicle to offset the cost of emergency
repairs for open road cuts after final restoration where
pavement failure has occurred.
It has been our experience that it is very difficult to have
a contractor or developer respond in a timely manner to
perform emergency repairs when pavement failure occurs after
completion of a project. In any event, such a failure poses
a threat to the safety and well being of the public at large
and any such failure needs immediate attention.
JU 5 1990 81 poor 8 0 PAlu' ��
r
JUN
BOOK 9 PAGE
ITEM #2:
Periodically the engineering department receives
right-of-way permit applications from private entities
requesting permission to place irrigation lines, gas
transmission lines, or other non -franchised facilities
within county rights-of-way. These facilities are not
intended for use by the general public. They are privately
owned and maintained.
Our current right-of-way permit conditions do not provide a
vehicle to off -set administrative costs in permitting the
installation of such facilities. This includes and is not
limited to plan review, permit processing, construction
inspection, periodic monitoring, and other related costs
involved in over seeing these facility installations. This
does not include access facilities such as driveway drainage
culverts or other items currently specified on the
right-of-way permit application.
ALTERNATIVES AND ANALYSIS
ALTERNATE FOR ITEM fl:
To implement a right-of-way permit condition by resolution
to require a cash bond to be held for a minimum period of
one year from the final completion date of the permitted
project and shall be at a rate of $1000.00 per lane with a
minimum charge of one lane for any open cutting of a- paved
road or portion thereof.
This alternative would only be approved in the event that
the jack & bore method for utility placement is not
practical.
ALTERNATE FOR ITEM #2
To implement an annual right-of-way permit fee for
non -franchised right-of-way users at a rate of $500.00 per
mile based on 1/4 mile increments with a minimum charge of
1/4 mile or $125.00. .
The public works director and staff have determined this
rate to be reasonable and fair to off set the administrative
costs involved with these types of installations.
RECONP ENDATION
Staff recommends the adoption of this resolution immediately
and that both items 1 and 2 be incorporated into the
proposed right-of-way ordinance at such time that it is
adopted.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 90-75 on behalf of the Dept. of Public
Works, establishing certain fees and charges for use of
county road right-of-way and for open cutting of paved
county roads.
82
M
RESOLUTION NO. 90-_Z_5
A RESOLUTION OF INDIAN RIVER COUNTY,. FLORIDA,
BY ITS BOARD OF COUNTY COMMISSIONERS, ON
BEHALF OF THE DEPARTMENT OF PUBLIC WORKS
ESTABLISHING CERTAIN FEES AND CHARGES FOR USE
OF COUNTY ROAD RIGHT OF WAY AND FOR OPEN
CUTTING OF PAVED COUNTY ROADS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the following rates,
fees, and charges be adopted by Indian River County:
1. As a condition of any permit by the County to a
party allowing open cutting of paved County roads, there
shall be a cash maintenance bond in favor of Indian River
County, valid for one year from the completion of the open
cutting, which would allow the County to draw upon the cash
bond to perform emergency repairs or overlays on the
restored cut. The cash bond shall be in the amount of
$1,000.00 per lane cut.
2. As a condition of any permit authorizing the use
of County road right of way by any nonfranchised private
user, there shall be collected a fee at the rate of $500.00
per mile per year, prorated to quarter mile increments, and
with a minimum of a $125 annual charge, payable to the
County by the permit holder. The responsibility for
collecting and monitoring this fee collection shall be with
the Public Works Department.
3. The cash bond requirement In paragraph #1 above
and the user fee requirement in paragraph #2 above shall not
be interpreted to apply to driveway permits.
The resolution was moved for adoption by Commissioner
Scurlpck and the motion was seconded by Commissioner
Wheeler and, upon being put to a vote, the vote was
as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and .adopted this 91h day of j„ap ,, 1990.
BOARD OF COUNTY•COMMISSIONERS
INDIAN RIVER
lCOUNTY ,�FLORIDA
By t.t f .tJ2
Attest Caro y €gge t
• Chair n
Y
art Sn, Lie KJ
83
nor
JUN 5 1990 ..
i".�"
. BOOK � t e.rlJeJ
RIGHT-OF-WAY ACQUISITION ALONG 74TH AVENUE - LOT #16 IN WESTLAKE
ESTATES SUBDIVISION
The Board reviewed the following memo dated 5129/90:
TO: James Chandler
County Administrator
FROM: James W. Davis, P.E.
Public Works Directo
SUBJECT: Right -of -Way Acquisition along 74th Avenue
Pat Luther - Owner of lot 16 in Westlake
Estates Subdivision
RE: Letter from J. Thomas Schlitt to
James W. Davis, dated May 15, 1990
DATE: May 29, 1990
DESCRIPTION AND CONDITIONS
On October 24, 1989, the Board approved purchase of lot 17,
Westlake Estates Subdivision, from Phil and Debbie Delange, due
to the County's need for 55' of additional right-of-way along
74th Avenue South of SR 60. The total lot depth was 156.041, and
the 55' needed substantially reduced the lot size.
The only other platted lot within Westlake Estates
Subdivision that has frontage on 74th Avenue (Rangeline Road) is
lot 16, owned by Pat and Linda Luther. The Luther's have
recently tried to sell their lot, however prospective buyers are
aware of the County's right-of-way needs and are refusing to
purchase it.
Mr. and Mrs. Luther, through their agent Tom Schlitt, are
requesting that the County purchase lot 16 (1.05 acres) for--the-
asking price of $25,000.00.
ALTERNATIVES AND ANALYSIS
The paving and capacity expansion of 74th Avenue between SR
60 and 16th Street is included in the County's 20 -Year Road
Improvement Program. The Thoroughfare Plan right-of-way for 74th
Avenue (801) in this area should be protected from encroachments.
At this time, Mr. & Mrs. Luther are offering to sell the entire
lot to the County. Based on information available, staff is of
the opinion that a fair purchase price for the entire lot would
be $25,000.00 as requested by the Luther's.
Alternative No. 1
Offer to purchase the entire lot at $25,000.00 plus minor
closing fees. After the 80' right-of-way is secured, the
County could resell the remainder for approximately
$17,000.00.based on the prorated acreage values. The net
cost to the County would be approximately $8,000.00.
Alternative No. 2
As per the existing County code, the lot owner would be
requested to dedicate to the County, without compensation,
35' of right-of-way to meet local road standards and be
compensated for the additional 20' needed to meet collector
road standards. The property owner would be constrained to
build the size of single family home on the land that he
wishes due to setback deed restrictions.
84
In reviewing this request, staff is of the opinion that the
requested $25,000.00 compensation is reasonable and agrees with
comparable sales in the area.
RECOMMENDATION AND FUNDING
Staff recommends that the County offer to purchase the lot
for $25,000.00 (plus closing cost) and to resell the remainder
after right-of-way needs are provided. Funding to be from Zone 8
Traffic Impact Fee Account (balance on 5/25/90 was approximately
$400,000.00).
Patrick Luther, owner of Lot 16 in Westlake Estates
Subdivision, advised that staff's recommendation is acceptable to
him.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation of Alternative #1, as set out in
the above memo.
COPY OF CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
FINAL PAYMENT TO HYDROPRO, INC. FOR RIVERS EDGE WATER TREATMENT
PLANT INSTALLATION
The Board reviewed the following memo dated 5/23/90:
DATE: MAY 23, 1990
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL SERVICES
SUBJECT: FINAL PAYMENT TO HYDROPRO, INC. FOR RIVERS
EDGE WATER TREATMENT PLANT INSTALLATION
IRC PROJECT NO. UW -88 -04 -WC
PREPARED AND STAFFED BY: WILLIAM F. McCAIN
CAPITAL PROJEC
DEPARTMENT OF Y SERVICES
BACKGROUND
The installation *of the water plant at Rivers Edge has been
-completed for several months. During this time, the facility has
85 BOOK Ci F�:GE
I
I J U H 5 1990
BOOK 80 PAGE 23E
performed within the technical requirements set forth in the
contract documents. We are now coming to the Board of County
Commissioners for approval of the final payment and release of lien
to Hydropro, Inc.
ANALYSIS
The final pay request is in the amount of $5,869.08. This amount is
composed of retainage in the amount of $3,668.17 and 3% balance due
of $2,200.91. The originally approved payment and performance bond
rolls over into a one year maintenance bond, and attached you will
find a copy of the release of lien.
The staff of the Department of Utility Services recommends that the
final payment to Hydropro, Inc., be approved in the amount of
$5,869.08.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously authorized
final payment- to Hydropro, Inc. in the amount of
$5,869.08, as recommended by staff.
SCHEDULING OF JOINT MEETING WITH VERO BEACH CITY COUNCIL
The Commission scheduled a joint meeting with the Vero Beach
City Council for 3:30 o'clock P.M. on Friday, June 22, 1990, to
discuss the advantages and benefits of effluent reuse.
STATUS OF MANATEE PROTECTION PLAN
Commissioner Bird reported that he and Roland DeBlois, Chief
of Environmental Planning, attended a recent public hearing in
Cocoa after hearing they were going to discuss the proposed speed
restrictions in the Sebastian River portion of the manatee
protection plan. The map that was shown to them still showed
slow speed areas in all of the Sebastian River contrary to this
Commission's recommendation that a 20 -mph corridor be established
from the U. S. #1 bridge to the railroad trestle bridge. Mr.
Rose of the DNR explained that the map and the notice of the
meeting was done prior to their receiving IRC's input, and that
they still would be considering the County's alternate plan for
86
the Sebastian River. Six people spoke in favor of the County's
plan, and one person spoke against it. The DNR will be
considering our alternate plan and making a recommendation to the
Governor and Cabinet later this month.
DISCUSSION REGARDING POSSIBLE DONATION OF 20 ACRES IN THE NORTH
COUNTY FOR COUNTY OFFICES
Commissioner Scurlock advised that he has been pursuing the
possibility of a donation of 20 acres in the 1-95/CR-512 area as
a site for a future north county office complex. He has been
talking to property owners in that area trying to see if there is
some sort of interest in conveying at no cost to the County some
property to locate a north county facility, as well as having a
potential site for water and sewer since that particular inter-
section is somewhat removed from our core utility system for
Sebastian. He received a letter from Darrel McQueen, who is
representing a client in the north county who is interested in
donating some land at that intersection, and he would like the
Board to authorize Administrator Chandler to proceed to see if,
in fact, we may be able to get a 20-acre.site donated. If we
never use it, so be it, but we could have some kind of a reverter
clause.
Chairman Eggert noted that there is another proposal for
donation coming before the Board next week.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized
Administrator Chandler to pursue negotiation for
property at 1-95 and CR -512.
NOISE ORDINANCE
The Board reviewed the following memo dated 5/30/90:
87
JUN 5 1990
BOOK 80 F,mn zip d
TO: Board of County DATE: May 30, 1990 FILE:
Commissioners
SUBJECT: Noise Ordinance
FROM: Gary C. wheeler. REFERENCES:
County Commissioners
It is my request that you direct staff to research and draft an
ordinance similar to't-he noise ordinance of the City of Vero
Beach. It is my understanding that the City has had considerable
success and the State Attorney's office successfully prosecuted, -
violators, therefore, I believe this could solve some of the many
problems we have had in -the County relating to unwanted noise.
Commissioner Wheeler reported that there have been numerous
noise complaints recently about boom boxes especially, and
Chairman Eggert advised that the first noise ordinance workshop
is scheduled for Thursday, June 14th between 9:00 a.m. to 12:00,
and they will be looking at the City's noise ordinance. She
noted that we also have received complaints about excessive noise
from a motorcycle practice track that has been established in an
agricultural area in the Fellsmere area, and there is nothing on
the books that can help them right now except the fact that they
didn't cut the trees down for agricultural purposes. We have
also received reports that shots have been fired out there.
88
r r i
ANTI-DRUG ABUSE GRANT
The Board.reviewed the following memo dated 5/24/90:
TO: Board of County DATE: May 24, 1990 FILE:
Commissioners
f•��Y �5so 0
R
C ' SUBJECT: Anti -Drug Abuse Grant
ROA10,v DISTRIBUTION LIST
MMi�►oNr�s DuNrY Commissioners
016 a L9� �� Attorneyraor
Gary C. wheeler, Personnel
FROM: County Commissioner REFERENCES: Public Works
Community Dev.__,,,�
Utilities
Finance
Other
The Substance Abuse Council of Indian River County has
unanimously recommended that the following organizations receive
the following portions of available grant money from the
Anti -Drug Abuse Grant, administered by the Department of
Community Affairs, Bureau of Public Safety Management:
New Horizons $103,390
First Start Program
sponsored by the Indian River
County School Board at Dodgertown
Elementary School 17,347
"Just Say No" Program 23,263
Substance Abuse Council
for administrative expenses 16,000
GCW:jwc
cc: James E. Chandler
Ken Macht, chairman of the Substance Abuse Council of Indian
River County, advised that representatives of the three
organizations recommended to receive grant money are in
attendance today to answer any questions the Board may have.
Stephen Archbold of New Horizons; Michael Farrentino, School
Board representative for First Start Program at Dodgertown
Elementary School;, and John Dobis, chairman of the Just Say No
89
JUN 5 1990 BOOK ray
'JUN 5 1990
,71
aooK. ['S1
Council of Indian River County, Inc., each gave a brief summary
of their organization's activities.
Considerable discussion ensued regarding,the terrible
effects of use of drugs by the mother on the unborn child and
newborns and the ultimate economic burden it puts on the
taxpayers.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the recommendations of the Substance Abuse Council for
the organizations listed above, and authorized
the submission of their proposals to the Florida Dept.
of Community Affairs for grant funding.
COPIES OF GRANT PROPOSALS ARE ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
DISCUSSION REGARDING THE POSSIBLE TRANSPORT OF JURORS ON THE
WYATT TRIAL FROM PENSACOLA TO VERO BEACH
Commissioner Wheeler advised that when he heard there were
going to be 227 witnesses involved in the Wyatt trial rather than
the 50 that was originally estimated, he asked Judge Geiger to
consider the feasibility of transporting the jurors who would be
selected in Pensacola to Vero Beach for trial, rather than paying
the costs of transporting 227 witnesses plus staff to Pensacola
for the trial, and he was pleased with Judge Geiger's receptive
attitude towards this as it would save the County a substantial
amount of money. Judge Geiger directed the court administrator,
Mr. Douglas, to look into the economics and feasibility of it.
The Board commended Commissioner Wheeler for coming up with
such an excellent suggestion.
SOUTH COUNTY FIRE DISTRICT MEETING
The Chairman announced that immediately following
adjournment of this meeting, the Board will reconvene sitting as
the District Board of Fire Commissioners of the South County Fire
District. Those minutes are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
The 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.
DOCUMENTS TO BE MADE PART OF THE RECORD
Retroactive Approval of Petition for Admission to A.G. Holley
State Hospital
Petition dated 5/31/90 for admission of Sammie Harris to A.
G. Holley State Hospital was received and placed on file in the
Office of the Clerk to the Board.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:20 o'clock P.M.
ATTEST:
1,
Q -�,) 0 - - - - -e-2 �-- )�t/-
Clerk airman
JUN 1990 9, �o��� E'auL