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HomeMy WebLinkAbout6/19/1990d 0 t 0 0 r� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING JUNE 19, 1990 -9:00 A.M. - COUNTY COMMISSION CHAMBER ADMINISTRATION BUILDING 1840 25th STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn R. 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 R. Barton, Clerk to the Board 9:00 AM 1. CALL TO ORDER 2. INVOCATION - Dr. David Mulford First Presbyterian Church 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac County Attorney 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. Appointment of Comm. Bowman to Indian River Lagoon committee. .2. Discussion on Regional Planning Council's upland vegetation requirements. 3. Loss"of grant monies for Health Building. 5. APPROVAL OF MINUTES A. Approval of Minutes of Regular Meeting of 5/15/90 B. Approval of Minutes of Regular Meeting of 5/22/90 6. CONSENT AGENDA A. Received and Placed on File in Office of Clerk.to the Board: um Report of Convictions, Month of February, 1990 Report of Convictions, Month of March, 1990 Report of Convictions, Month of April, 1990 Report of Convictions, Month of May, 1990. Florida Inland Navigational District (FIND): Audit Report for FY ending 9/30/89 Annual Financial Report of Units of Local Government for 1989 Annual Statement of Condition as of 9/30/89 BOOK 1 J JUN 19 1990 6. CONSENT AGENDA - CONTINUED B. Report of Occupational License Taxes.Collected During Month of May, 1990 (Memorandum dated 6/4/90) C. IRC Bid 90-28, John Deere Tractor 2755 (Memorandum dated 6/5/90) D. Approval and Transmittal of Annual.OEDP Report to the -Economic Development Administration (Memorandum dated 6/7190) E. Release of Easement Petition by: Alex L. George & Linda :S. Ross Lots 3 & 4, Kings Music Land Subdivision (Memorandum dated 5/30/90) F. Release of Easement Petition by: F. Louise Watrouse, Seagrove Subdivision Unit No. 1, Lot 6, Block A, Plat Book 9, Page 44 (Memorandum dated 5/31/90) G. Release of County Utility Liens (Memorandum dated 6/13/90) H. Request Authorization to Issue Change Order #3, Main Library (Memorandum dated 6/12/90) 7. CLERK TO THE BOARD None .9:05 AM 8. A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 9. COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None L�� L_ 10. DEPARTMENTAL MATTERS - CONTINUED F. PERSONNEL None G. PUBLIC WORKS 12. Request for County to Add 12th Court SW to So. County Grader Route (Road and Bridge Division) (Memorandum dated 6/11/90) H. UTILITIES Developer's Agreement with Copeland's Landing, Inc. and Indian River County (Memorandum dated 6/6/90) COUNTY ATTORNEY A. Hedin Marginal Access Easement Escrow Agreement (Memorandum dated 6/12/90) B. Tourist Development Council Proposal to Revise Section 22-253 of the Code of Laws and Ordinances of IRC (Memorandum dated 6/12/90) COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN RICHARD N. BIRD C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER DON C. SCURLOCK, JR. E. COMMISSIONER GARY C. WHEELER 13. SPECIAL DISTRICTS SOUTH COUNTY FIRE DISTRICT A. Approval of Minutes of 5/22/90 Meeting B. Approval of Funding to Connect Fire Station #2 to City of Vero Beach Sewage System to Eliminate Septic Tank - Budget Amendment 064 (Memorandum dated 6/11/90) 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. JUN 19 1990 eooKy}g�C Tuesday, June 19, 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 19, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; and Gary C. Wheeler. Absent was Don C. Scurlock, Jr., who was attending a water/sewer seminar in Cincinnati, Ohio. Also present were James E. Chandler, County Administrator; Terrence O'Brien, Assistant Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Dr. David Mulford of the First Presbyterian Church gave the invocation, and Attorney Collins led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition to today's Agenda of the following items: 1) An appointment to the Indian River Lagoon Committee. 2) A comment on the Treasure Coast Regional Planning Council. 3) A discussion on the loss of grant monies for the Health Dept. Building. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Scurlock being absent) added the above items to today's Agenda. JUN 9 1990 - BOOK. 80 ft,GE491 JUN 19 1990' BOOK APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of May 15, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the Minutes of the Regular Meeting of 5/15/90, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of May 22, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the Minutes of the Regular Meeting of 5/22/90, as written. CONSENT AGENDA A. Reports Received and placed on file.in the Office of the Clerk to the Board: Report of Convictions, Month of February, 1990 Report of Convictions, Month of March, 1990 Report of Convictions, Month of April, 1990 Report of Convictions, Month of May, 1990 Florida Inland Navigational District (FIND): Audit Report for FY ending 9/30/89 Annual Financial Report of Units of Local Government for 1989 Annual Statement of Condition as of 9/30/89 2 4 B. Report -- Occupational License Taxes for May, 1990 The Board reviewed the following memo dated 6/4/90: I:1.x�Ij7: � 11 11� OFFOC E OF VHE ITAX COLLECTOR GENE E. MORRIS, C.F.C. P. O. Box 1509 VERo BEACH. FLORIDA - 32961 TAX COLLECTOR TELEPHONE: (407) 367-9160 SuNeow / 424-1339 TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: June 4, 1990 Pursuant to Indian River County Ordinance No. 86-59, please be informed' that $4,092.14 was collected in occupational license taxes during the month of May, 1990, representing the issuance of 212 licenses. Gene E. Morris, Tax Collector ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) accepted the Occupational License Taxes Report for May, 1990. � R 1 -J y i4 3 BOOK 0 F'AuE�e -JUN 191990 C. IRC Bid 90-28 -- John Deere Tractor 2755 BOOK 80 PAt,E421, The Board reviewed the following memo dated.6/5/90: DATE: June 5, 1990 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E Chandler County Administrator H.T. "Sonny" Dean, Director Department of General FROM: Daninick L. Mascola, Manager Division of Purchasing SUBJ: John Deere Tractor 2755 104: IRC Bid #90-28 BACKG OUND: The subject -bid was awarded to Neff Machinery for $18,500.00 on the premise that the vendor would live up to the requirements of the bid documents and delivery time would be in Ninety (90) days. The purchase order was issued on. January 9, 1990 and delivery was to be in the first week of April 1990. Mr. Albert Van Auken, Superintendent of Road and Bridge, has made numarous telephone calls and prcmi.ses of delivery were made by the vendor. ANALYSIS: On May 17, 1990, by request of Albert Van Auken, a certified letter was sent out to Neff Machinery, giving thein two weeks to respond with our order or we would cancel the contract with them. The canpany responded by calling Mr. Van Auken and the Purchasing Department and offering to deliver the tractor, John Deere Model 2755 by the deadline of May 31, 1990. The tradtor did not arrive until June 1, 1990, and inspected by by Don Turner, Superintendent of Fleet Management, and found it not up to specifications. ONS: Based on the above, staff recommends cancellation of the award to Neff Machinery and the award go to the second responsive bidder, Berggren Equipment Co for $19,352.00, a difference of $852.00 in price. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved staff's recommendation for the cancellation of the award to Neff Machinery and award of bid to the second'responsive bidder, Berggren Equipment Co., for $19,352, a difference of $852 in price. 4 � � r �•' BOAkbOFCOUNTYCOMWSSIONERS Dote,12n5/e9 Im 2&h sovd. Vew BeacL .Fisch 32860 PURCHASING DEPT. BID TABULATION K. Eaavator-$79,000.00 Selly Tractor (nee `T Submitted BY Dominick LMascola •2. %=tor -2755-$18,500.00 Neff 17a y Z q e� T PURCHASING MANAGER 03..Traetor 2355 $73,930.00 Bid Na 90-28 Date Of Opening 12/13/89 Reearanended Award LORIDD` Bid Title Excavator A Two Type Tractors 1. Linder industrial Machine Co Excavator 73 350 Miami, Florida 33142 Tractor N/B 5. Fort Pierce, Florida 34954 (1 ea) Tractor 2755 S19,352. (1 ea) Tractor 2355 $73,930. 2. Nally Tractor Co Excavator 579,000.00 Miami. Florida 33152 Tractor RIB 3. Case Pooer Orlando. Florida 32821 4. Neff'lYuhinery Excavator SqFt Miaod. Florida 33166 Cl ea) Tractor 2755 S18,500.00 (I ea) Tractor 2355 $81,950.00 D. Approval and Transmittal of_the -Annual OEDP Report to the Economic Development Administration The Board reviewed the following memo,dated 6/7/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: 49al ­_ - Robert M. ea 'ng, CP Community Dev lopm t Director THRU: Sasan Rohani,�' Chief, Long -Range Planning FROM: Cheri Boudreaux&* Senior Planner DATE: June 7, 1990 SUBJECT: APPROVAL AND TRANSMITTAL OF THE ANNUAL OEDP REPORT TO THE ECONOMIC DEVELOPMENT ADMINISTRATION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 19, 1990. JUN 19 1990 5 BOOK aU : 'JUN 19 1990t<ooK -DESCRIPTION & CONDITIONS On June 1, 1990, the Overall Economic Development Plan (OEDP) Committee and the Economic Development Council (EDC) metto discuss a draft OEDP annual report. At their meeting .the committee and council endorsed the annual report with minor revisions. The Annual OEDP Report is due to the Economic Development Administration (EDA). This report is required in order for Indian River County to maintain its "redevelopment area" status and its eligibility to apply for federal technical assistance funds. The Annual OEDP- Report must include the following items and is basically a summary of the revised Economic Development Element of the county's Comprehensive Plan. 1) A review of past year's accomplishments; 2) Report on any significant changes in the economy and its development potentials; and 3) An update of the County's development strategies and course of action planned for the coming two years. This shall include any projects that may require EDA financial assistance. RECOMMENDATION Based on the OEDP Committee and the Economic Development Council's review and endorsement, staff recommends that the Board of County Commissioners approve the Annual OEDP Report I -and authorize staff -to transmit the report to the Economide Development Administration. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the Annual OEDP Report, and authorized staff to transmit the report to the Economic Development Administration. COPY OF PLAN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 6 E. Release of Easement - Kings Music Land Subdivision - Lots 3 & 4, Block 5 The Board reviewed the following memo dated 5/30/90: TO: James'E. Chandler County Administrator DIVISION HEAD CONCURRENCE: 4Roer_tW"M- K dating AI Community Development irector THROUGH: Stan Bolin , AICP Planning Director FROM: Charles W. Heath C- Wtgl Code Enforcement Officer SUBJECT: RELEASE OF EASEMENT PETITION BY: Alex L. George & Linda S. Ross Lots 3 & 4, Kings Music Land Subdivision It is requested that the data herein presented be given formal consideration by the Board of. County Commissioners at their regular meeting of June 19, 1990. DESCRIPTION AND CONDITIONS: The County. has been petitioned by Alex L. George and Linda S. Ross, owners of the subject property, for the release of the common three (3 ) foot side lot utility and drainage easements of Lots 3 & 4, Block 5, Kings Music Land Subdivision, being the southerly three (3) feet of Lot 3, and the northerly three (3) feet of Lot 4, Block 5, Kings Music Land Subdivision, Section 17, Township 32 South, Range 39 East, Indian River County, Florida; according to the plat thereof as recorded.in Plat Book 6, Page 17, of the Public Records of Indian River County, Florida. It is the petitioner's intention to construct a single-family residence on the subject property. The current zoning classification of the subject property Is RS - 3, Single -Family Residential District. The Land Use designation is L-1, allowing up to three (3) units per acre. 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 Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews; there were no objections to the release of the common three ( 3 ) foot side lot utility and drainage easement. Staff analysis indicates that there would be no adverse impact to utilities being supplied to the subject property. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the common three (3) foot side lot utilities and drainage easements, being the southerly three (3) feet of Lot 3 and the northerly three (3) feet of Lot.4, Block 5, Kings Music Land Subdivision, Section 17, Township 32 South, Range 39 East, Plat Book 6, Page 17, of the Public Records of Indian River County, Florida. 7 JUN 19 1990 BOGX ��� , 4 a r JUR 191990 � BOOK 80 PAGEd ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) adopted Resolution 90-82, abandoning certain easements in the Kings Music Land Subdivision, Lots 3 8 4, Block 5, to Alex L. George 8 Linda S. Ross. RESOLUTION NO. 90-82 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE KINGS MUSIC LAND SUBDIVISION, LOTS 3 & 4, BLOCK 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 17, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of 'County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida 32960, Grantor, to Alex L. George & Linda S. Ross, their successors in interest, heirs and assigns, whose mailing address is P.O. Box 312, Fellsmere, Florida 32948, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: the common three (3) foot side lot utility and drainage easements of Lots 3 & 4, Block 5, Kings Mupic Land Subdivision, Plat Book 6, Page 17, being the southerly three (3) feet of Lot 3, and the northerly three (3) feet of Lot 4, Block 5, Kings Music Land Subdivision according to the plat thereof as recorded in Plat book 6, Page 17, of the Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Wheeler , seconded by Commissioner Bird , and adopted on the 19th day of June , 1990, by following vote: Commissioner Eggert Aye Commissioner Wheeler Aye Commissioner Bird Aye Commissioner Bowman Aye Commissioner Scurlock Absent The Chairman thereupon declared the resolution duly passed and adopted this 19th , day of June , 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Att 9 JUS 19 1990 BOOK OU FAG. 4 Ac I JUN 191990 BOOK 80 mu 436' F. Release of Easement - Seagrove Subdivision Unit #1 - Lot 6, Block A The Board reviewed the following memo dated 5/31/90: TO: James E. Chandler County Administrator DATE: May 31, 1990 DIVISION HEAD CONCURRENCE: 17,4 A obert M. Kea iii, AIC Community Develo ment irector- THROUGH: Roland M. DeBloiss, DAICP Chief, Environmental Planning FROM: Charles W. Heath Code Enforcement Officer SUBJECT: RELEASE OF EASEMENT PETITION BY: F. Louise Watrouse Seagrove Subdivision Unit No. 1 Lot 6, Block A, Plat Book 9, Page 44 It is hereby requested that the data herein be given formal consideration by the Board of County Commissioners at their regular meeting of June 19, 1990. DESCRIPTION AND CONDITIONS: The County has been petitioned by F. Louise Watrouse• owner of the foot side lot subject property, for the release of the three (3) ove Subdivision Unit No. utility easement of Lot 6, Block Al Seagr 1, being the westerly three (3) feet of Lot 6, Block A, abutting Tract C, Seagrove Subdivision, Section 16, Township 33 South, Range 40 East, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 9, Page 44, of the Public Records of Indian River County, Florida. The petitioner also owns a 0.137 acre portion of Tract C abutting Lot 6, Block A. i and the pool petitioner's intention to construct a swimming p oolenclosure on that 0.137 acre portion of Tract C in the future that adjoins Lot 61 Block A, Seagrove Subdivision Unit No. 1.. The current zoning classification of the subject property is RS - 3, Single -Family Residential District. The Land Use designation is L-1, Low -Density Residential, allowing up to three (3) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Cablevision Corporation, the Vero Beach Power Company, and the Indian River County Utilities Department, Road & Bridge Division and the Engineering Division. Based upon their reviews, there were no objections to the release of the three (3) foot side lot utility easement. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the westerly three (3) foot side lot utility easement of Lot 6, being the westerly three feet of Lot 6, Block A, Seagrove Subdivision, Unit No. 1, Section 16, Township 33 South, Range 40 East, as recorded in Plat Book 9, Page 44, of the Public Records of Indian River County, Florida. 10 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner. Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) adopted Resolution 9,0-83, abandoning certain easements in the Seagrove Subdivision Unit No. 1, Lot 6, Block A, to F. Louise Watrouse. JUN 19 1990 " BOOK I jjUN 19 1990 RESOLUTION NO. 90-83 BOOK 80 FA'IJE 46,,Z A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE SEAGROVE SUBDIVISION UNIT NO. 1, LOT 6, BLOCK A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to F. Louise Watrouse, her successors in interest, -heirs and assigns, whose mailing address is 1770 Seagrove Drive, Vero Beach, Florida 32963 Grantee, as follows: Indian River.County does hereby abandon all right, title, and interest that it may have in the following described easements: The westerly three (3) feet of Lot 6, Block A, Seagrove Subdivision, Unit No. 1, according to the plat thereof as recorded in Plat Book 9, Page 44 of the Public Records of Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Wheeler , seconded by Commissioner Bird ' and adopted on the 19th da of June Y , 1990, by the following vote: Commissioner Eggert Commissioner Wheeler Commissioner Bird Commissioner Bowman Commissioner Scurlock Aye A;Ce Ave Aye Absent The ChairmAn`thereupon declared the resolution duly passed and adopted this 19th , day of Jtine , 1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Carolyq K. Egger ChOdrman Attest By ��jY✓ J re K. Barton Cleik 12 G. Release of County Utility Liens The Board reviewed the following memo dated 6/13/90: TO: Board of County Commissioners FROM: Sandy Bartolucci - County Attorney's Office DATE: June 11, 1990 SUBJECT: CONSENT AGENDA - BCC MEETING 6/19/90 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. #01-33-39-00037-0210-00017.0 In the name of ESTER J. HAGSTROM 2. Tax I.D. #01-33--39-00036-0200-00001.8 In the name of ALDO 6 MINNIE AIMONETTI 3. Tax I.D. #01-33-39-00037-0250-00008.0 In the name of DOMINICO 6 PALMA PREDITO 4. Tax I.D. #01-33-39-00037-0250-00012.0 In the name of JAMES 6 MARTHA DOOD S. Tax I.D. #12-33-39-00001-0002-00011.0 in the name of TIMOTHY 6 DEBORAH GRAUL 6. Tax I.D. #12-33-39-00001-0003-00015.0 In the name of FRANK 6 ANNAPAOLETTI 7. Tax I.D. #12-33-39-00001-0003-00018.0. In the name of JOSEPH 6 MURIEL RODRIGUEZ 8. Tax I.D. #12-33-39-00001-0005-00006.0 in the name of JAMES 6 MARGARET NOBLE 9. Tax I.D. #12-33-39-00004-0016-00008.0 In the name of MILDRED S. PIERCE 10. Tax I.D. #12-33-39-00004-0018-00016.0 in the name of THOMAS 6 ALEDA DIXON 11. Tax I.D. #12-33-39-00004-0018-00017.0 In the name of MARIE 6 WARREN LIKENS 12. Tax I.D. #12-33-39-00004-0018-00018.0 In the name of WALTER 6 HELEN NOYES 13. Tax I.D. #12-33-39-00005-0000-00009.0 in the name of DAVID HARRISON 6 NELL HARRISON 14. Tax I.D. #12-33-39-00005-0000-00011.0 In the name ofRAYMOND 6 EDNA OSHIER 15. Tax I.D. #01-33-39-00035-0210-00004.0 in the name of FRANCIS 6 DOMMINCA LUCADAMO 16. Tax I.D. #01-33-39-00036-0200-00002.0 in the name of GEORGE 6 MARGUERITE WOODBURY JUN 191990 13 BOOK U F,�u,4j L..-_ r JUN 19 1890- 17. Tax I.D. #01-33-39-00036-0220-00012.0 in the name of HELEN WEISS 18. Tax I.D. #01-33-39-00036-0220-00018.0 in the name of FRANCIS & RITA-LECLAIR 19. Tax I.D. #01-33-39-00036-0230-00008.0 in the name of MARQUIS & ELIZABETH SEIDEL 20. Tax I.D. #01-33-39-00036-0230-00011.0 in the name of CHESTER 8 ELIZABETH DUTILLE 21. Tax. I.D. #01-33-39-00036-0240-00001.0 in the name of DANIEL J. DIETZ 22. Tax I.D. #12-33-39-00001-0001-00003.0 In the name of PENELOPE HESSEN 23. Tax I.D. #12-33-39-00001-0002-00010.0 In the name of ROBERT 8 MATILDA SANGBUSH 24. Tax I.D. #12-33-39-00001-0001-00010.0 in the name of PETER 8 DELORES D'AMORE 25. Tax I.D. #12-33-39-00001-0003-00009.0 in the name of ARTHUR & DORIS BANFIELD 26. Tax I.D. #12-33-39-00001-0003-00010.0 In the name of EDWARD H. LANG 27. Tax I.D. #12-33-39-00001-0003-00019.0 In the name of BRONSON 8 DOROTHY FRIELDS 28. Tax I.D. #12-33-39-00001-0004-00002.0 In the name of CAROL ANN BECKNER 29. Tax I.D. #12-33-39-00001-0004-00011.0 In the name of FRANK E MARY SCHLITT and RICHARD E MAUREEN SCHLITT 30. Tax I.D. #12-33-39-00001-0004-00014.0 An the name of JOSEPH & HELEN LODICS 31. Tax I.D. #12-33-39-00001-0004-00017.0 In the name of HILDA RAMSEY 32. Tax I.D. #12-33-39-00001-0005-00004.0 In the name of THERESA INDELICATO 33. Tax I.D. #12-33-39-00002-0006-00017.0 In the name of LUANNE L. WADE 34. Tax I.D. #12-33-39-00003-0010-00018.0 In the name of JOHN E LORRANIE CARTER 35. Tax I.D. #12-33-49-00003-0012-00009.0 In the name of LARRY 8 MARILYN HAMMOND 36. Tax-I.D. #12-33-39-000040016-00003.0 An the name of THEODORE E LILLIAN DeBURG 37. Tax I.D. #12-33-39-00004-0016-00004.0 In the name of ERIC 8 RENA PLATT 38. Tax I.D. #12-33-39-00004-0016-00014.0 In the name of ANGELO E ANTOINETTE DELLAPI 39. Tax I.D. #12-33-39-00004-0016-00016.0 in the name of LYLE 6 MARIE BONNIN 14 80 �QOK ,` 11 311, r r � 40. Tax I.D. #12-33-39-00005-0000-00001.0 in the name of MARGARET KNIERMEN 6 DOROTHY MORAN 41. Tax I.D. #12-33-39-00005-0000-00016.0 in the name of JOSEPH & DOROTHY TRACY 42. Tax I.D. #12-33-39-00008-0000-00026.0 in the name of FRED DEUTSCH (dec.) S HILDE BENSON MISCELLANEOUS 1. Release of Assessment Lien Glendale Lakes Water In the name of DONNA W. McDUFFIE 2. Satisfaction/Payment of Existing Impact Fees In the name of JIMMIE LEE THORNTON 3. Satisfaction/Payment of Existing Impact Fees In the name of WILLIAM S REBECCA McCLOUD ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the release of the above -listed utility liens, as recommended by staff. • RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Change Order #3 - Main Library The Board reviewed the following memo dated 6/12/90: TO: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: A.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES 6 FROM: LYNN-WILLIAMS, SUPT. ��✓ BUILDING AND !r�� DATE: JUNE 129 SUBJECT: REQUEST AUTHORIZATION TO ISSUE CHANGE ORDER 03 MAIN LIBRARY PROJECT DESCRIPTION AND CONDITIONS: The contract for construction of the Main Library between Indian River County and Milne -Nicholls, was approved by the Board of County Commissioners at the regular meeting of December 12, 1989. Total amount of the original contract was $2,816,400.00. IJUN 10 1990 ' S Foto s� 3%j j u -N 19 1990 �j BOOK Ci F,1., Change Orders #1 & #2 were approved at the May 1, 1990 meeting, amounting an increase of $29308.00 or an adjusted contract amount of $298189708.00. Change orders #1 & #2 included proposal requests 1,2,3,5,6. The following Proposal Request has been issued by the Architect Dow, Howell, Gilmore for changes in the work. Proposal Request #4 - Amount $4,259.00. This relates to changes required by revisions to the.Uniform Fire Safety Standards Code for elevators. These revisions were issued subsequent to bidding and permitting of this project. ALTERNATIVES AND ANALYSIS: Proposal Request #4 has been reviewed by the Architect/Engineer, Construction Manager and Project Manager and is recommended for issuance of Change Order #3. Amount of Change Order #3 will be $49259.00 (Add) with no extension •in time. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the issuance of Change Order #3 for an additional $4,259 with no extension in time, as recommended by staff. CHANGE ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REQUEST FOR ADDITION OF .12TH COURT S.W. TO GRADER ROUTE The Board reviewed the following memo dated 6/11/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director CP SUBJECT: Request for County.to add 12th Court SW to South County Grader Route (Road and Bridge Division) RE: Letter from Kathryn K. McKemy to Board of County Commissioners, dated May 30, 1990 DATE: June 11, 1990 DESCRIPTION AND CONDITIONS Mrs. Kathryn McKemy, resident of 1245 12th Court SW, Oslo Park Subdivision, has requested that the County Road 16 W and Bridge Division grade 12th Court SW between 11th Street SW and 13th Street SW. The Public Works Department has evaluated the request using the adopted road maintenance acceptance criteria form. ALTERNATIVES AND ANALYSIS Twelfth Court SW is located just east of the eastern limits of the road grading route in Oslo Park Subdivision. The evaluation resulted in a numerical score of 85 points, which is below the 100 points that staff considers to warrant road grading. The alternatives presented include the following: Alternative No. 1 Deny the request and recommend to the property owner that the residents of the area petition the County to pave the road under the County's Petition Paving Program. Mrs McKemy was informed of this alternative on June 4. Since there exists only 7 houses on the road, many vacant lot owners would have to participate. .Alternative No. 2 Accept the road for maintenance and expand the grader route. RECOMMENDATIONS It is recommended that Alternative No. 1 be approved. e Commissioner Bowman asked if this road is contiguous to the grader route, and County Engineer Roger Cain advised that it is fairly close. That is one of the things staff looks at in the point system and that is why we gave it 20 points. The road was given another 10 points because a school bus uses this road to pick up one child. Commissioner Bird asked if we grade other roads in that subdivision, and Mr. Cain didn't know for sure but believed we did since we grade roads that are close to this particular road. Commissioner Wheeler advised that he had talked to Public Works Director Jim Davis about a compromise in this situation ` where the County would grade the road in the interim until the property owners get it paved through the petition paving process, and Director Davis said he could live with that compromise if the property owners there were in favor of a petition paving project. JUN 19 1990 17���� F„, , 7 � _ J JUN 19 1990. Mr. Cain confirmed that staff's recommendation would be to place this on the petition paving program. Commissioner Bird asked if this was a county road, and Mr. Cain explained that it is one of those limbo roads -- it is not a county maintained road, but is a road that has been dedicated by plat. Administrator Chandler understood that it is a dedicated roadway, but up to this point in time it has not fit our criteria for grading. He believed that Director Davis had some discussion with a resident of 12 Court S.W. a couple of months ago about the possibility.of a petition paving project, but elected to pursue the grading request. He felt we could circle back in again and see if, in fact, those property owners are willing to go through the petition paving process. There are 7 houses on that road. Commissioner Wheeler advised that a couple of the residents were under the impression that just the property owners with residences would have to foot the bill for the entire road, and he had explained to them that the assessment would be done by ownership of front footage and everyone would be sharing in the costs equally whether they had houses built there or not. If the property owners do start the petition process and it is approved by the Board, he could support the grading in the interim, and we may want to consider that in the future too for other roads. MOTION WAS MADE by Commissioner Bowman, SECONDED by, Commissioner Bird, that the Board approve Alternate 1, as set out in the above staff recommendation. Under discussion, Commissioner Bird still wasn't clear about the County's responsibilities on these dirt roads'in these platted subdivisions that are dedicated county roads. He realized it costs money to create roads and we are trying not to expand our grader routes, but on the other hand, he wasn't sure whether we could completely turn our back on our responsibilities 18 to maintain roads where we have county residents living in platted subdivisions. They are paying taxes, and what are we doing for them. Administrator Chandler explained that is the reason why we developed the point system on the grading criteria. He didn't know how we could grade all the roads in the county on a costs benefit basis, but he would go back and take another look at the process if the Commission wished. Commissioner Bird pointed out that there are miles and miles of roads in the Oslo Park Subdivision, and he didn't know how we are going to choose those to be paved and those that will not and why they won't. Commissioner Bowman felt it is the squeakiest wheel that gets the grease. Commissioner Eggert noted that we have been talking about bringing in water, sewer and roads for long-term help with affordable housing like Paradise Park and some of those other subdivisions, and that may be something we should keep in mind as we move on with our Comp Plan requirements. Mr. Cain pointed out that some of these subdivisions were platted with very little, if any, county involvement, and the question is where does the County's responsibilities fall when the County didn't get a chance to approve the streets and standards and they just showed up on the plat at the County Recorder's Office one day. Commissioner Bird emphasized that the other side of that argument is the fact that through our process we did accept that plat, and the Chairman of the Board of County Commissioners at that time signed that plat which showed county roads as their road system. The question is how do we turn our back on that now and say that we are not going'to grade their roads. Assistant County Attorney Terry O'Brien advised that Chapter 177 of Florida State Statutes that speaks to tracts of land and 1 , 9 JUJU 9 1990 Boor '0 . Fa, . 4:39 � I JUN 19 1990 BOOK X46 dedicated roads states, "However, nothing in here shall be con- structed as creating an obligation upon any -governing body -to perform any act of construction or maintenance within such ded- icated areas except when the obligation is voluntarily assumed by the governing body". The key words here are "voluntarily assumed". Does that mean when you have accepted the plat or when you have issued the building permit? Attorney O'Brien was concerned about a situation that might arise if someone were to drive on.one of these ungraded roads at night thinking it was a regularly maintained road and all of a sudden hit a large pothole. He had discussed this with Jim Davis, but, as you say, there are hundreds of miles of unpaved roads in the county. Commissioner Bird felt'this is the first of many requests that we will be receiving to either pave or maintain these roads now building is increasing and affordable, small building lots are becoming scarce in the county. Chairman Eggert stated that she gets extra concerned when we are in a family subdivision that is close to a school. Commissioner Bird agreed with the Motion to go ahead with Alternate #1, but felt we need to restudy our policy on these roads. Administrator Chandler advised that he would go back and take another look at it. THE CHAIRMAN CALLED FOR THE QUESTION, which is to deny the request to add 12th Court S.W. to the grading route, and recommend to the property owner that the residents of the area petition the County to pave the road under the County's petition paving program. The Motion was voted on and carried unanimously (4-0, Chairman Scurlock being absent.) 20 L_J DEVELOPER'S AGREEMENT WITH COPELAND LANDING, INC. The Board reviewed the following memo dated 6/6/90: DATE: JUNE 6, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES PREPARED WILLIAM. F. McCAI AND STAFFED CAPITAL PROJF� T BY: DEPARTMENT OF Y SERVICES SUBJECT: DEVELOPER'S AGREEMENT WITH COPELAND'S LANDING, INC. AND INDIAN RIVER COUNTY BACKGROUND On November 7, 1989, Indian River County entered into a Developer's Agreement with Copeland's Landing, Inc. The Agreement allowed them to construct a wastewater treatment facility to serve their subdivision. The Agreement also allowed for a credit of $6,840.00 for oversizing of a lift station. (See attached November 7 Agreement.) We now wish to bring a second Agreement with Copeland's Landing, Inc., and Indian River County to the Board of County Commissioners for approval. ANALYSIS Due to the County's nearing completion on its North County Sewer System, Copeland's Landing, Inc., now wishes to connect to our system. To accomplish this, it is necessary to extend a force main from Copeland's Landing master lift station to a point north of Hobart Road to connect .into the North County Sewer System. The developer is to construct this line, with a credit for oversizing 1,500 L.F. of the line and adding in various stubouts. Since this Agreement supercedes the original Agreement, the amount of $6,840.00 is also included as a credit for lift station oversizing. (See attached new Developer's Agreement.) RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Developer's Agreement. The funding for this Developer's Agreement will come from the impact fee fund. � JUN 19199Q 21 BOOK F;1��441 Fr - JUN 191990 BOOK- � PAGE 44 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Scurlock being absent) approved the Developer's Agreement with Copeland Landing, Inc., as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD HEDIN MARGINAL_ ACCESS EASEMENT_ ESCROW AGREEMENT The Board reviewed the following memo dated 6/12/90: TO: The Board of County Commissioners FROM:t75 William G. Collins II - Assistant County Attorney DATE: June 12, 1990 SUBJECT: Hedin Marginal Access Easement Escrow Agreement Indian River County has approved a special exception and site plan for oil lube and mini -storage facility at U. S. 1 and 99th Street. A condition of the site plan approval was a conveyance to the County of a marginal access easement as required by Section 23.3(d)(10)(d) of the County Zoning Code. Mr. Hedin Is proposing to contest the legality of the dedication requirement unless the County Land Development Regulations are revised to provide for a traffic impact fee credit for such marginal access easement dedications. Further,. Mr. Hedin wishes to proceed with the development of this site prior to the outcome of Land Development Regulation revisions and potential litigation. In the past, the Board of County Commissioners has approved the escrow of deeds for property which are the subject of �,..,;.. litigation over the legality of the dedication requirement. This is a very prudent approach. In the event the regulation is held illegal, there would be no temporary ' taking damages owed by the County, since the development has been allowed to proceed normally. RECOMMENDATION Confirm that it is still the Board's position to allow escrow of deeds and easements which are the subject of litigation, so as to avoid any temporary taking damages accruing to the County. 22 777 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Scurlock being absent) confirmed their position to allow escrow of deeds and easements which are the subject of litigation so as to avoid any temporary taking damages accruing to the County, as recommended by the County Attorney's Office. TOURIST DEVELOPMENT COUNCIL PROPOSAL TO REVISE SECTION 22-253 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY The Board reviewed the following memo dated 6/12/90: TO: The Boa -rd of County Commissioners FROM:_ e,Willlam G. Collins 11 - Assistant County Attorney DATE: June 12, 1990 SUBJECT: Tourist Development Council Proposal to Revise Section 22-253 of the Code of Laws and Ordinances of Indian River County At the June 6, 1990 meeting of the Tourist Development Council, the Council proposed an ordinance revision which would expand the authorized uses of tourist tax revenue to be consistent with those authorized uses under state law. Currently the County ordinance Is more restrictive 'than state law. The following Is an abbreviated summary of the authorized uses of the revenue under existing County ordinance. 1. Convention center or sports stadium. 2. To promote and advertise tourism. " 3. To fund tourist bureaus. 4. To finance beach Improvements. The proposed ordinance revision would add to Item 4 above the enhancement of Inland lakes and rivers to which there is public access. It would also add a fifth category allowing counties of less than 500,000 population to use tourist tax revenues for museums, zoos, fishing piers or nature centers _ which are publicly owned and operated or owned and operated by not-for-profit organizations and opened to the public. RECOMMENDATION Authorize advertisement of the attached ordinance revision for public hearing. Jul 1,. 1990 23 BOOK 0 4 FF,_ -7 JUN 191990 BOOK F.,�E 441! Assistant County Attorney Terry O'Brien advised that the proposed ordinance tracks the State statute. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) authorized the advertisement of the proposed ordinance revision for a public hearing, as recommended by the County Attorney's Office. APPOINTMENT TO DER POLICY COMMITTEE FOR THE INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM The Board reviewed the following letter dated 6/12/90: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RSG DISTRIBUTION LWT . REGION IV g(I<lRQ 6�11_tr,��E° v� �OMM CIN 345 COURTLAND STREET, N.E. COITi111iSS:Ur1 �'i S � irr ATLANTA. GEORGIA 30365 Administrator Attorney issioner Carolyn Eggert, Chairman Personnel PPersersoo Indian River County V1i Board of County Commissioners JUN 12 1990 1840 25th Street _ Community �. ✓_ ;�r Vero Beach, FL 32960 Utilities Finance Dear Commissioner Eggert, Other SYN6.Ycl President Bush announced the selection of Indian River Lagoon as an estuary of National significance on April 20, 1990. It is with great pleasure that we request the participation of Indian River County on the Policy Committee for the Indian River Lagoon National Estuary Program. We request that you or another commissioner selected by the county commission represent Indian River County in providing guidance for the program. Section 320 of the Water Quality Act of 1987 describes the purposes of the National Estuary Program and authorizes funding for this national program. Governor Bob Martinez has chosen the Florida Department of Environmental Regulation (DER) as the state agency responsible for implementing the program. 'DER Secretary Dale Twachtmann and Greer C. Tidwell, Regional Administrator, U.S. Environmental Protection Agency, Region IV, will serve as co- chairmen for .the Policy Committee. We have requested the following to be members on the Policy Committee; Chairman, Governing Board of the St. John's Water Management District Chairman, Volusia County Council Chairman, Brevard County Board of County Commissioners 24 Chairman, Indian River County Board of County Commissioners Chairman, Martin County Board of County Commissioners Chairman, St. Lucie County Board of County Commissioners This Policy Committee will establish general policies and goals for the Indian River Lagoon National Estuary Program and execute ultimate authority over its administration. The primary duties of the Policy Committee will be to: 1) review and approve all substantial expenditures of the program; 2) establish the structure of and appoint the members to the various Program committees, subcommittees and staff; 3) approve the Program's workplans and evaluate its progress; and 4) provide broad-based policy direction for the Indian River Lagoon National Estuary Program. A chart showing the committees and their relationships is attached. The Policy Committee will meet after we receive acknowledgement of the appointment of those requested to serve on the Committee. A public meeting will be 'held shortly thereafter to introduce the committee members and to describe the program. You will be contacted regarding the proposed dates for these Committee and public meetings. We look forward to hearing from you regarding the confirmation of you or your designee to this committee. Sincerely yours, WGreer C. Tidwell Regional Administrator, U.S. Environmental Protection Agency, Region IV ADalewachtmann Secretary, Florida Department of Environmental Regulation Chairman E99ert suggested that Commissioner Bowman be appointed to this committee instead of herself, considering Commissioner Bowman's extensive knowledge of the lagoon. Commissioner Wheeler wanted to see Roland DeBlols, Chief of Environmental Planning, involved in this committee also, but Chairman Eggert explained that the DER is only asking for commissioner appointments at this time. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Scurlock being absent) appointed Commissioner Bowman to the Policy Committee for the Indian River Lagoon National Estuary Program. BOOK 2 5 U FAE FF_ JUN 19 1990 BOOK 0 F ri. F.1l C DISCUSSION RE TREASURE COAST REGIONAL PLANNING COUNCIL Chairman Eggert and Commissioner Bowman reported that we stuck to our guns on the 15-10o requirement for upland vegetation instead of the 25% requirement being urged by the TCRPC, and they both feel that we are making a little progress toward the IRC plan. Commissioner Bird felt that we have taken the right step by sticking to our guns in this matter. Chairman Eggert emphasized that counties can have things that are stricter than what the TCRPC has, but this is the first time that the TCRPC is touching every acre and one-half acre plots as opposed to DRIB because we have to have consistency. Director Keating has said that Planning has tried to apply it, but to preserve the upland, you have to keep all the understory, etc., and you can't get this in the setback because of stormwater management. The 15-10o is difficult in itself, but much more equitable, seeing that our county is approaching 25% in protected lands already what with the St. Johns River Water Management's lands, the spoil islands that were designated as conservation areas, and the proposed purchase of the wetlands at the end of Oslo Road. So, it really isn't fair for our county to be considered in the same way as Palm Beach County with regard to the 25% requirement. Chairman Eggert felt the equity factor seemed to appeal to the committee, but she did not know how it will appeal to the whole group. Commissioner Bowman felt the 15-10o is pretty well taken care of in our buffer regulations. As far as the small plots are concerned, she felt they are useless unless they are contiguous or there is some sort of wildlife pathing that connects them. Based on what he had read, Commissioner Bird believed that sticking to our guns on the 15-10o is the way to go, but Chairman Eggert stressed that we have a long way to go. Commissioner Bird felt that we have to take it one step at a time. 26 � � r M M Commissioner Bowman anticipated one more hurdle in that the AG people just do not see why they should be taxed to establish a fund that would be used to purchase these endangered lands. She pointed out that they already get a tax break on AG. LOSS OF GRANT MONIES FOR THE NEW HEALTH DEPT. BUILDING Chairman Eggert reported that she talked to Jim Howell, Palm Beach program director for HRS, and he was flabbergasted to hear that our Health Building wasn't on the list to receive grant monies this year since things of less priority were approved. He is trying to track it and -see what happened, but he suggested that we reapply next year for these funds. Commissioner Bowman suggested doing a video of the new building to show them exactly what we are doing. Commissioner Wheeler asked how much we have have received so far, Chairman Eggert advised that we originally received $500,000, and we expected another $2 -million for construction and furnishings. We made a major commitment on the basis of our 1 -cent sales tax, and had hoped to get the grant monies which would ease the burden on the sales tax capital projects. If the Board all agreed, she would like to continue pursuing this and try again to get the money for next year and see if Dale Patchett can help us while he is still in office. The Board indicated that they were in complete agreement on applying for. next year. 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. JAN 191990 2 _ ?00� '�� F�1 � 44 r -JUN 191990 BOOK 80 P,1,- �4v? There being no further business on Moti-on duly made, seconded and carried, the Board adjourned at 9:29 o'clock A.M. ATTEST: Clerk 28 e 1-161w*� e- 4r,,Z� airman /LT