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HomeMy WebLinkAbout1/8/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING JANUARY 8, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Richard N. Bird, Vice Chairman Margaret C. Bowman Don C. Scurlock, Jr. Gary C. Wheeler James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board ********************************************* 9:00 A.M. 1. CALL TO ORDER 2. A. INVOCATION -None B. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 3. A. CHAIRMAN'S COMMENTS - CAROLYN K. EGGERT B. ELECTION OF CHAIRMAN C. ELECTION OF VICE CHAIRMAN 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS WO g. 5. PROCLAMATION AND PRESENTATIONS Adoption and Presentation of First Quarter Safety Award (memorandum dated Dec. 31, 1990) 6. APPROVAL OF MINUTES Regular Meeting of 11/27/90 Regular Meeting of 12/4/90 7. CONSENT AGENDA JAN 081991 A. Approval of Appointments of Deputy Sheriffs by Sheriff Tim Dobeck: Patrick A. Valentini (Corrections Deputy) John W. Griffin (Volunteer) Non -Enforceable Michael L. Pierce (Auxiliary Deputy Sheriff) James Hight Ronnie Arnold Odell M. Kiser Jon Dillard Paul Dampier BOOK. * r JAN 0 8 1991 7. CONSENT AGENDA (continued) B. Release of County Utility Liens (memorandum dated January 2, 1991) C. Children's Home Society (memorandum dated December 28, 1990) BOOK 82 PAGE 355 D. A Resolution of I . R. C. Fla. Directing County Depositories to Honor Certain Authorized Signatures on County Warrants and Other Orders for Payment E. Amendment to Provide A Special Master for Code Enforcement Board (memorandum dated December 20, 1990) F. Amendment of Gifford Street Lighting District (memorandum dated December 17, 1990) G. Rescinding Award of IRC Bid #91-5/Shell Material of 10/16/90, Agenda Item 7, L., Pages 34-37 (memorandum dated December 19, 1990) H. Community Services Block Grant Housing Rehabilitation Program Application (inemorar?dum dated December 31, 1990) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Public Notice of a Public Hearing to be held on January 14, 1991 for input from agency employees and the community as part of the Sheriff's Program for Accreditation (letter dated December 5, 1990) 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. Ciba-Geigy Request to Rezone Approximately 102 Acres from RS -3 to A-1 (memorandum dated November 26, 1990) 2. Eighth Street Water Main Extension (memorandum dated January 2, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS Purchase of Lot 2, Block 7, Booker T. Washington Subdivision (memorandum dated December 13, 1990) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None 11. DEPARTMENTAL MATTERS (Continued) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Petition Paving R -O -W Acquisition Policy (memorandum dated December 17, 1990) 2. Special Assessment Projects - Cherry Lane, 1st Street SW, and Walker Avenue (memorandum dated December 3, 1990) H. UTILITIES None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. COMMITTEE APPOINTMENTS/REAPPOINTMENTS Advisory Committee for Center for Business Development Agency on Aging - District IX Board of Zoning Adjustment Building Code Board of Adjustment Economic Opportunities Council Finance Advisory Committee Gulfstream Areawide Council on Aging, Inc. Historic Resources Advisory Committee Indian River Arts Council Indian River Council on Aging Indian River Council of the Governor's Constituency for Children Indian River County Indigent Primary Care Task Force Indian River Emergency Outreach Board Liaison Between County & Commission on Ethics B00K 8 JAN 0 8 1991 F„kJL j,J u JAN t 8 1 9 BOOK .od I L IA:U� i tl 13. COMMISSIONERS ITEMS (continued) A. COMMITTEE APPOINTMENTS/REAPPO-INTMENTS (continued) Liaison Between County and Emergency Management Liaison Between County and Council of 100 Local Energy Management Medical Examiner Budget Committee Nineteenth Judicial Circuit Conflict Committee North County Fire Advisory Board North County Fire District Board Overall Extension Committee Parks and Recreation Committee Planning and Zoning Commission Primary Care/ Health Department Building Committee Public Library Advisory Board Regional Energy Management Sebastian Watershed Action Committee South County Fire Advisory Board Treasure Coast Council of Governments Upper St. Johns Recreation Advisory Council Upper St. Johns Technical Advisory Committee Vero Beach Bicycle Path Committee Vero Beach Recreation Committee B. COMMISSIONER RICHARD N. BIRD 1991 Firefighters/Indian River County Fair ( memorandum dated December 12, 1990 ) C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER CAROLYN K. EGGERT Children's Services Advisory Committee ( memorandum dated December 21, 1990 ) E. COMMISSIONER DON C. SCURLOCK, JR. F. COMMISSIONER GARY C. WHEELER LIM 14. SPECIAL DISTRICTS NORTH COUNTY FIRE DISTRICT None SOUTH COUNTY FIRE DISTRICT None SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT 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. JAN 08199' BOOK PACE 358 Tuesday, January 8, 1991 Th -e 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, January 8, 1991, 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; OMB Director Joseph Baird; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Eggert announced that today is the annual organizational meeting of the Board, and reviewed procedures to be followed in electing new Commission officers. Before opening the floor to nominations for Chairman, she wished to thank her fellow Commissioners for allowing her the privilege to serve as their Chairman this past year-.. She noted that the past year has been a very challenging year and a very successful one, which saw the adoption of a 20 -year Comprehensive Plan, the siting of a new courthouse in downtown Vero Beach, and the construction of two libraries, a jail addition and a public health building, and she felt there was a lot accomplished above and beyond the routine running of a county. She credited Administrator Chandler, after his two years on the job, for the increasingly businesslike atmosphere in county government. She also wished to thank - everyone on staff for being so helpful and cooperative. Chairman Eggert opened the floor to nominations for Chairman, and Commissioner Wheeler placed the name of Commissioner Bird in nomination. Commissioner Scurlock seconded the nomination. There being no further nominations, Chairman Eggert declared the nominations closed. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously_ elected Richard N. Bird as Chairman of the Board of County Commissioners. JAN 0x'1991 59 BOOK FEe 'r1G IF - JAIL 08 1991 BOOK 82 PAGE 360 Commissioner Eggert passed the gavel to -Chairman Bird, who expressed the Board's appreciation of Commissioner Eggert's excellent leadership in the past year. He thanked the Board for the honor of being electing him Chairman, and hoped to serve the Commission as well in this coming year. Chairman Bird opened the floor to nominations for Vice Chairman. Commissioner Eggert placed the name of Commissioner Wheeler in nomination, and Commissioner Scurlock placed the name of Commissioner Bowman in nomination. Attorney Vitunac advised that in the case of two nominations, the Chairman asks for Motion on either one of them and a vote is taken. If the Motion passes, the other one drops out. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board (by a 4-1 vote, Commissioner Scurlock dissenting)elected Gary C. Wheeler as Vice Chairman of the Board of County Commissioners. Commissioner Scurlock explained that he wanted to vote for Commissioner Bowman because he felt rotating would be a good idea. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS None PROCLAMATION AND PRESENTATIONS The Board reviewed the following memo dated 12/31/90: TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director.,-E•� FROM: Beth Jordan, Risk Manage/144.66u) 44.66u) DATE: December 31, 1990 SUBJECT: First Quarter Safety Award We request your consideration for inclusion on the Board's January 8, 1991, meeting agenda the presentation of the First Quarter Safety Award. 2 Background Each quarter, the Risk Management Division receives award recommendations from the Safety Committee. The nominees, as individuals or as work groups, have demonstrated their commitment to on-the-job safety and health through their outstanding performance. Analysis Staff received the First Quarter Safety Award nominations and selected Emergency Medical Services (Paramedics). The attached memoranda from Jim Judge, Chief Paramedic, detail their meritorious efforts. In addition, the Paramedics have had no vehicle accidents in over 18,000 emergency runs. Recommendation Staff recommends the First Quarter Safety Award be presented to Emergency Medical Services. Chairman Bird read aloud the following memo dated 12/19/90: TO: Beth Jordan Risk Manager FROM: Jim Judge Chief, Emergency Medical Services DATE: December 19, 1990 SUBJECT: Quarterly Safety Awards 1 would like to have the division of Emergency Medical Services considered for the quarterly safety award. To date the paramedics have responded to over 18,000 medical runs without an accident. The paramedics are safety conscious and routinely receive training in vehicle safety, station safety, as well as teach infant and child safety to.the community. All Emergency Medical personnel receive training in the emergency vehicle operators course. Seat belt safety is practiced and preached. I feel the division of Emergency Medical services is safety conscious and it is our hope to have zero injuries in the future. Thank you for your careful consideration. EUOK.82 FALL 3M1 JAN 081991 'JAN08l99 BOOK 82�2' PALE • ,�, Chairman Bird presented the First Quarter Safety Award to Jim Judge, Chief of Emergency Medical Services, who thanked the Commission ori behalf of all the EMS personnel. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meetings of November 27, 1990 or December 4, 1990. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Minutes of the Regular Meetings of November 27, 1990 and December 4, 1990, as written. CONSENT AGENDA _Chairman Bird requested that Item C be removed from the Consent Agenda for discussion. A. Approval of Appointments of Deputy Sheriffs by Sheriff Tim Dobeck ON MOTION by Commissioner Commissioner Wheeler, the the following appointment Sheriff Tim Dobeck: Scurlock, SECONDED by Board unanimously approved of Deputy Sheriffs by Patrick A. Valentini (Corrections Deputy) John W. Griffin (Volunteer) Non -Enforceable Michael L. Pierce (Auxiliary Deputy Sheriff) James Hight Ronnie Arnold Odell M. Kiser Jon Dillard Paul Dampier B. Release of County Utility Liens The Board reviewed the following memo dated 1/2/91: TO: The Honorable Board of County Commissioners u) *40, -Q -P -AJ FROM: Lea R. Keller, CLA, County Attorney's Office DATE: January 2, 1991 RE: CONSENT AGENDA - BCC MEETING 1/8/91 RELEASE OF COUNTY UTILITY LIENS 1 have prepared the following routine Tien releases and request that the Board authorize the Chairman to execute them: Release of Sewer Assessment Lien NORTH COUNTY in the name of MILLER Release of Sewer Assessment Lien ROCKRIDGE in the name of ZIER Release of Water Assessment Liens SUMMERPLACE in the names of: DANGEL HEIRS VOSTRAK MIRENDA GOOSEN (2) GLOECKNER GIADUTSKY CARNILL ESTEPP WYDELLE TORR! WOLFRAM BOYLE PICKARD STINSON HOLEMEYER FITZPATRICK DICK SON PRESSNER SIMPSON HANNON BRANDES FITZPATRICK KRAHL McPHERSON ZATREPALEK KENNEDY LUND KUB1NA KING SCHAUT LINDSEY HAWLEY TAYLOR COLLUM STEVENSON CUNNINGS BYRNE DONOVAN MORTIMEP DOMBROWSKY DiMAURO Information for the above documents is on file in the County Attorney's Office. 5 JAN 081991 BOOK 82 FAut.3j0 JAN 0 8 1991 BOOK ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of county utility liens as set out in the above memo. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Children's Home Society - Chairman's Execution of _Deed The Board reviewed the following memo dated 12/28/90: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: December 28, 1990 RE: CHILDREN'S HOME SOCIETY By Resolution No. 89-132, The Board of County Commissioners approved the private sale of County property to the Children's Home Society for $25,000. The attorney for the Children's Home Society has informed us that they are ready to pay the required $25,000 to the County now and would like to receive the executed deed covering the property. RECOMMENDATION: Board authorize the Chairman to sign the deed on behalf of the County. Attorney Vitunac explained that since they have taken a lot longer to do what they are going to do, we have to change the date in the deed to coincide with the one year requirement and make the reverter start one year from today's date. Instead of "If said operation has not commenced, or been substantially completed, by August 15, 1991", it states, "If said operation has not commenced, or been substantially completed, by one year from the date of execution of this deed". ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the County Deed, as modified by Attorney Vitunac, and authorized the Chairman's signature. COPY OF COUNTY DEED IS ON FILE IN THE OFFICE OF THE. CLERK TO THE BOARD 6 111111111 D. Resolution Directinc_County_Depositories to Honor Certain. Authorized Signatures on County Warrants and Other Orders for Payment ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 91-1, directing county depositories to honor certain authorized signatures on county warrants and other orders for payment. RESOLUTION NO. 91-1 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT. WHEREAS, the Board of County Commissioners of Indian River County on January 8, 1991, held•an election for the offices of Chairman and Vice Chairman of the Board of County Commissioners; and WHEREAS, the County Commission did nominate and select as Chairman, Richard N. Bird __ , and as Vice Chairman, ; and Gary C. Wheeler WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit Court of Indian River County effective December 31, 1988, and also serves as a Clerk to the Board of County Commissioners., pursuant to Section 125.167, Florida Statutes; and WHEREAS, it is now necessary to reinstruct the County's depositories as tothe signatures necessary to honor County• warrants, checks, or other orders for the payment of money drawn in the Commission's name, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER'COUNTY, FLORIDA, that: 1. The County Commission has in the past designated certain banking institutions as official depositories of County funds, and such designations are hereby ratified and, affirmed. 7 JAN 08 1991 HOF ©2 EA1,E.365 AN as 199 BOOK 82 FAGE JJ6C 2. Each designated depository of the Commission is hereby requested, authorized, and directed to honor checks, warrants, or other orders for the payment of money drawn in the Commission's name, including those payable to the individual oryi-ers of any person or persons whose name or names appear thereon, when bearing the facsimile signature of the Clerk of the Circuit Court, when said check, warrants, or other orders for the payment of money equals or does not exceed the sum of three thousand dollars (43,000). 3. If a check, warrant, or other orders for the payment of money drawn in the Commission's name exceeds the sum of three thousand dollars ($3,000), said designated depositories are authorized and directed. to honor checks, warrants, or other orders for the payment of money drawn in the Commission's name, only when such check, warrant, or other orders for the payment of money bears the facsimile signature of the Chairman and Clerk of the Circuit Court and further bears the original signature of either the Chairman, Vice Chairman, Clerk of the Circuit Court, or Deputy Clerk, listed below. Said actual and facsimile signatures appear below: (1) Jeffrey K. Barton Clerk of the Circuit Court (2) Cynthia Gatt Deputy Clerk (3) Mary Louise Scheidt Deputy Clerk (4) Richard N. Bird ��c�L /J Chairman % Actua Lacsimile (5) Gary C. Wheeler C,W�..cR,Q� Vice Chairman ► Facsimile BE IT FURTHER RESOLVED that the above-named signatories are hereby authorized to execute any and all signature cards and agreementsas requested by the respective banking institutions designated as official depositories by the Board of County Commissioners of Indian River County; and BE IT FURTHER RESOLVED that the use of facsimile signatures is as authorized by Section 116.34, Florida Statutes, the "Uniform Facsimile Signature of Public Officials Act." The resolution was moved for adoption by Commissioner Scurlock, and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Comissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 8th day of January, 1991. Attest ir /a AO' I erk/ 9 JAN OS 1991 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Lc• '--r ichard N. Bird Chairman mor c FAuE e u AR 08 t99 � BOOK 8 2 FAGE ,ti -j E. Amendment to Provide a _Spec ia_I- Master for Code Enforcement Board The Board reviewed the following memo dated 12/20/90: TO: Board of County Commissioners CgFROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 20, 1990 SUBJECT: AMENDMENT TO PROVIDE A SPECIAL MASTER FOR CODE ENFORCEMENT BOARD The attached ordinance has been prepared to provide for a special master for the Code Enforcement Board. Permission to advertise the ordinance is hereby sought. A public hearing on February 5, 1991 is recommended. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to advertise a public hearing on the proposed ordinance for February 5, 1991, as recommended by staff. F. Amendment of Gifford Street Lighting District The Board reviewed the following memo dated 12/17/90: TO: Board of County Commissioners 1 FROM: Terrence P. O'Brien - Assistant County Attorney() ' DATE: December 17, 1990 SUBJECT: AMENDMENT OF GIFFORD STREET LIGHTING DISTRICT The Commission recently approved amending the Gifford Street Lighting District boundaries. The attached ordinance has been prepared to accomplish this amendment. Permission to advertise the ordinance is hereby sought. A public hearing on February 5, 1991 is recommended. TPO/sb 10 ON MOTION by Commissioner Scurlock, SECONDED by Cotrmi ss i oner Wheeler, the Board unanimously authorized staff to advertise a public hearing on the proposed amendment for February 5, 1991, as recommended by staff. G. Rescinding Award of IRC Bid #91-5 - Shell Material The Board reviewed the following memo dated 12/19/90: DATE: December 19, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: James E Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General -Services FROM: George Wolf, Interim Purchasing Manager ¢M4— Division of Purchasing (y SUBJ: Rescinding award of IRC Bid #91-5/Shell Material of 10/16/90, Agenda Item 7,L Pages 34-37. BACKGROUND: The awardee, Global Paving of Vero Beach, Florida, has been unable to meet the supply requirements of the Public Works Department. In order for an equitable resolution to this problem, the award should be res- cinded and a Re -Bid called for immediately. ANALYSIS: A Re Bid of the subject award is in order, due to mathematical error in the original bid of Martin Paving, as well as a change in their ownership frau Dennis L. Smith. Shell material is to be purchased during the interim period on the open market. RECOMMENDATIONS It is therefore, the recommendation of staff to rescind the award of October 16, 1990, to Global Paving and issue a Re -Bid. JAN 08 1999 11 Pr-J1Pr- J1W Oa 199/ BOOK 4:1r, FAH ON MOTION by Commissioner Scurlock; SECONDED by Commissioner Wheeler, the Board unanimously rescinded the award of Bid #91-5 made October 16, 1990, to Global Paving and authorized a re -bid, as recommended by staff. H. Resolution 91-2 - Community Services Block Grant Housing Rehabilitat_ion_Program Application The Board reviewed the following memo dated 12/31/90: �1 TO: The Honorable Members of the DATE: December 31, 1990 FILE: Board of County Commissioners TROUGH: H. T. "Sonny" Dean, Director General. Services SUBJECT: Community Services Block Grant Housing Rehabilitation Program Application FROM: Guy t. Decker, Jr./ ��. REFERENCES: Executive Director I.R.C. Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITION: The State of Florida's Department of Community Affairs advised Indian River County they will accept applications for projects to be funded through the Community Services Block Grant (CSBG) for local activities to assist low-income individuals. Section 675 (C)(1)(a) through (E), Public Law 97-35, as amended, and Administrative Rule 9B-22, Florida. Administrative Code, provide the criteria for such projects. These grants will be for a six-month period from April 1, 1991 through September 30, 1991, and the alloca- tion for Indian River County to cover administrative costs is $6,050. Applications must be postmarked no later than February 1, 1991. The Indian River County Housing Authority is the non-profit subgrantee for the Indian River County Commissioners. The program covered under this grant will provide rehabilitation consulting services which will activate rehabilitation funding from governmental sources. The Farmers Home Administration Section 504 Program provides housing rehabilitation funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to the low-income elderly owner -occupant. There are approximately 600 owner -occupied substandard housing units suitable for rehabilitation in Indian River County. Low-income and elderly families lack the money to make their homes safe and sanitary. This program will be targeted in the three most distressed areas of the County: Wabasso, Gifford and Old Oslo Park. We plan on assisting between, 8 and 14 low-income and elderly owners in bringing their homes up to safe and sanitary standards. ALTERNATIVE AND ANALYSIS: This is our ninth funding cycle under legislation passed by Congress which consoli- dated various social programs into the block grant categories for administration by the State and local government, and funds not applied for from the Community Services Block Grant Program will be redistributed among counties that make application. s 12' RECOMMENDATION AND FUNDING: We respectfully request the County Commission to authorize its Chairman to execute the Community Services Block Grant Program Application for submission to Florida's Department of Community Affairs along with the required accompanying Resolution. This program will bring about improvements in safety and sanitation for approxi- mately 14 homeowners. The average cost of improvements will be $5,000 per unit. The $6,050 Grant plus $2,697 of cash and in-kind contribution by the Housing Authority would be supplemented with about $72,000.00 in loans and grants frau the Farmers Homme - Administration. This program requires no additional County Funds. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 91-2, authorizing the Chairman of the Board to execute an application for a housing rehabilitation program to assist low-income families as administered by the State of Florida's Department of Community Affairs. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JAN 08 199i 13 EOOK FAG[ 371 JAN 08 1991 BOOK L' F LE _.J i RESOLUTION NO. 91- 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION FOR A HOUSING REHABILITATION PROGRAM TO ASSIST LOW-INCOME FAMILIES AS ADMINISTERED BY TIIE STATE OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Board of County Commissioners of Indian River County has reviewed this proposal and has received the recom- mendation from the Executive Director of the Indian River County Housing Authority, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached Application to the State of Florida's Department of Community Affairs for a Community Services Block Grant Program (CSBG). 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, Richard N. Bird • Aye Vice Chairman, Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye .Commissioner Carolyn K. Eggert Aye 'Commissioner Don C. Scurlock Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 8 day of January, 1991. ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 7' ler`k t8 the Board,_ � el: Gbh;, 63,-4? D. e . APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney 14 Richard N. Bird, Chairman r PUBLIC NOTICE OF PUBLIC HEARING RE SHERIFF'S PROGRAM FOR ACCREDITATION The Board reviewed the following letter dated 12/5/90: bzrtft P. 0. 80X 608 PHONE 569-6700 December 5, 1990 Carolyn K. Eggert, Chairman Indian River County Commission 1840 25th Street Vero Beach, FL 32960 Dear Ms. Eggert R.T.TIM' DOBECK • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32001-0008 The Indian River County Sheriff's Office has been preparing for and on-site inspection by a national accreditation team. Part of the inspection process requires a public hearing. This hearing is to allow the public an opportunity to ask questions or offer comments about the department pertaining to the accreditation process. The hearing will be held January 14, 1991 at 7:00 p.m. Accreditation standards also require a public notice of the hearing be announced at a meeting of the Indian River County Commission. A copy of the public notice is enclosed, please place it on the December 11, 1990 agenda. Please make an additional announcement at the January 8, 1991 meeting. Sinceeely, / brx- R. T. "Tim" Dobeck, Sheriff Indian River County RTD/tw cc: Margret Gunter, Administrator's Office enclosure Chairman Bird made the second formal announcement that a public meeting regarding the Sheriff's Program for Accreditation will be held on January 14, 1991, at 7:00 o'clock P.M. in the auditorium of the Sheriff's Administration Building, 4055 41st Avenue, Vero Beach, Florida. 15 JAN 08 19,1 - BOOK. FACE'J JAN 0 8 199 BOOK .PUBLIC HEARING - CIBA-GEIGY REQUEST TO REZONE APPROXIMATELY 102 ACRES FROM RS -3 TO A-1 The hour of 9:05 o'clock A.A. having passed, the Deputy Clerk read aloud the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL • 'Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath . says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a ;/ in the matter of in the n Court. was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mall 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 this (SEAL) d4y of ��2� r• • 1990 1140)./–,n ess t age • Ptor1da)— . tiokxy Public, State of Florida Su a ject" ,, Property, A,t • NOTICE UBLIC HEARING • •' Notice of hearing to consider the adoption of a countyordinance rezoning land from: RS -3,, - SingleFamily Residential District (up to 3 unIts/-.. K acre to A-1, Agricultural District (1 unit/5 acres). The subject property Is located west of 58th Ave- nue (C.R. 813) and the south side of 75th Street .:The subject property Is presently owned by:, Ciba-Geigy and contains approximately 102 + acres. The subject property Is Tying in Section`) c-'5, Township 32S, Range 39E, lying and being In• Indian River County, Florida •A public hearing at which party In Interest and citizens shall have an opportunity to be •; , heard, will be held by the Board of County Com- missioners of Indian River County, Florida In the a.. County Commission Chambers of the County 3 Administration Building, located at 1840 25th Street, Verb Beach, Florida, on Tuesday, Janu- • ary 8,1991, at 9:05 a.m. • Anyone who may wish to appeal any decision h which may be made at this meeting will need to 'm ensure that a verbatim record of the proceed - Ings is made, which includes the testimony and .evidence upon which the appeal Is based. ;• }- .:. Indian River County ori ;+_. 7 ` ` Board of County Commissioners By:-s-Caitggn Eggert, Chairman It December 14,1 :,?y t.:' '751658 _The.Board reviewed the following memo dated 11/26/90: 16 TO: James Chandler County Administrator THRU: FROM: DATE: RE: DIVISION HEAD CONCURRENCE Robert M. Kea€irlg / AIC Community Development 'irector Sasan Rohani S ' ft- Chief, Long -Range Planning Cheryl A. Tworek Staff Planner, L November 26, 1990 g- ange Planning Ciba-Geigy Request to Rezone Approximately 102 Acres from RS -3 to A-1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 8, 1991. DESCRIPTION & CONDITIONS This is a request to rezone approximately 102 acres from RS -3, Single -Family Residential District (up to 3 units/acre), to A-1, Agricultural District (up to 1 unit/5 acres). The property is located west of 58th Avenue (C.R. 613) and south of 75th Street. The subject property is owned by Ciba-Geigy. On November 8, 1990, the Planning and Zoning Commission voted 4 to 0 to recommend to the Board of County Commissioners the approval of the request. EXISTING LAND USE PATTERN The property is presently vacant, overgrown land and is completely zoned RS -3. The same zoning pattern occurs north and west of the subject property. Northeast of the subject property is Indian River Highlands Subdivision, containing 129 lots ranging in size from 7,000 square feet to 9,234 square feet. West of the subject property are large parcels containing citrus in various stages of development. The property abuts active agriculture to the south which is zoned A-1. East of the subject property is Kiwanis Hobart Park, which is zoned A-1. FUTURE LAND USE PATTERN The subject property is currently designated L-1 on the county's future land use map. However, the county's comprehensive plan, of which the future land use map is a part, has not yet been found in compliance by the State Department of Community Affairs (DCA). To bring the county's plan into compliance, the county and DCA have entered into an agreement for the county to amend its plan to make various changes. Some of these changes will affect the subject property. As a result of these proposed changes to the plan, the existing urban service area will shift eastward from 74th Avenue to approximately 62nd Avenue. The land west of the new urban service area boundary, including the western portion of the subject property will have an AG -1 land use designation, which allows a density of 1 unit/5 acres. The eastern portion of the subject property will maintain the existing L-1, Low -Density land use designation, on the county future land use 17 JAN 0 8 991 BOOK 8? FAG .'i !� BOOK JAN 08 99' PAGE•. /6d map. This designation permits low density residential zoning categories up to 3 units per acre. The property north and south also share this land use designation. The property adjacent to the east has a recreational land use designation. ENVIRONMENT The property is not designated as environmentally important or environmentally sensitive by the comprehensive plan, nor is it within a floodplain as identified by the Flood Insurance Rating Map (FIRM)_.,. UTILITIES AND SERVICES A portion of the site is within the Urban Service Area of the county; however, water and sewer lines do not extend to the site. TRANSPORTATION SYSTEM =the property abuts 58th Avenue (Kings Highway) to the east and Canal G-5 right-of-way to the south. Kings Highway is classified as an urban principal arterial road on the future roadway thoroughfare plan map. ALTERNATIVES AND ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. This section will also consider alternatives for development of the site. Compatibility With Existing Services And Facilities This site is located within the County Urban Service Area (USA), an area suited for urban scale development. The comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The comprehensive plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Transportation A review of traffic impacts resulting from the development of the property indicates that the existing level of service would not be lowered. The maximum build out allowed for the proposed zoning is 20 units, which would generate approximately 200 average daily trips. This volume would maintain the existing LOS "C". - Utilities The area is not currently serviced with water or wastewater. The site, however, is within the urban service area, and the applicant may purchase and reserve these services through the Utilities Department for such time when services become available. Down zoning to A-1 will reduce the potential impact of the property on the utility system, and the A-1 zoning will allow the use of wells and septic tanks while a regional system is not available. Solid waste service includes pickup by private operator and disposal at the county landfill. The active segment of the landfill has a 5 -year remaining capacity, and the landfill has expansion capacity beyond 2010. 18 Drainage All development is reviewed for compliance with county stormwater regulations _which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals will have to meet the discharge requirements of the county stormwater management ordinance. Together, these regulations limit the potential for on-site and off-site flooding and damage. Recreation Recreation levels of service apply only to residential developments. A review of county recreation facilities and projected demand which could occur as a result of this rezoning indicates that adopted levels of service will be maintained. - ANALYSIS In reviewing this request, staff has examined the existing land use pattern and the future land use pattern set forth in the Comprehensive Plan. The proposed changes to the plan, resulting from the Indian River County DCA compliance agreement,will have a substantial effect on the subject property. These land use plan amendments were considered by the Board of County Commissioners at a transmittal public hearing on December 11, 1990, and will be considered for final adoption subsequent to state DCA review. If adopted by the board, these amendments will shift the urban service area eastward and result in the westernmost tract of the subject property being outside of the urban service area. The new land use designation west of the urban service area will become AG -1, a designation which limits density to 1 unit/5 acres. With the redesignation of the western portion of the subject property to the AG -1 land use designation, the existing RS -3 zoning would be inconsistent with the AG -1 designation. The proposed A-1 zoning will not only be consistent with the proposed AG -1 land use designation for the western portion of the subject property; but it will also be consistent with the existing L-1 land use designation of the remainder of the property. Future Land Use Policy 1.12 allows agricultural uses to be developed in low-density residential areas such as the eastern portion of the subject property. In addition, Policy 6.3 of the Future Land Use Element allows the continuation of agricultural uses east of I-95. The property, when developed with agricultural uses consistent with the A-1 zoning district, will serve as an expansion of the existing active citrus adjacent to the south. _Residential uses are limited in close proximity to the site, since there are no public services available to this part of the county. Therefore, a lower land use designation would be consistent with surrounding uses. CONCLUSION The subject property is located in an area which does not have the necessary facilities and services to support a higher density development at present time, and the lower density designation conforms to adjacent uses. The proposed change in zoning would be consistent with county policies and would not create a noticeable change in the existing land uses. Therefore, it is the opinion of staff that the proposed zoning would be reasonable and not negatively impact adjacent properties. RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners approve this request to rezone property to A-1- 19 JAN 0 8 1991 BOOK Fd E • y J JAN 0 8 1991 BOOK PACEo 378 Commissioner Scurlock asked the purpose -for downzoning this piece of property since it abuts an area with water and sewer availability, and Community Development Director Robert Keating advised that Ciba-Geigy intends to use this vacant property for experimental agricultural purposes. Chairman Bird opened the Public Hearing, and asked if anyone wished to be heard in this matter. Local architect John Schlitt, whose firm has been involved in doing projects for Ciba-Geigy'for the last 25 years, confirmed that Ciba-Geigy needs this property for additional experimental agricultural purposes, most probably for grazing of cattle. Last year they traded some land with the County that they had across the way, which gave them more area to buffer themselves from the developed areas around them. He spoke of the pressure that comes from residential regarding these agricultural testing sites, and Ciba-Geigy wants this additional property to give them more space to buffer. There being no others who wished to be heard, Chairman Bird closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 91-1, rezoning approximately 102 acres from RS -3 to A-1; the property generally located west of 58th Avenue and south -side of 75th Street. 20 ORDINANCE NO. 91- 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO A-1, AGRICULTURAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED WEST OF 58TH AVENUE (C.R. 613) AND THE SOUTH SIDE OF 75TH STREET, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: The East 30 acres of Tract 6 less the South 3.75 acres of the West 10 acres thereof; All of Tract 7; The West one-half of- Tract 8 and the South one-half of the East one-half of Tract 8 less rights of way for Kings Highway,, All the above in Section 5, Township 32 South, Range 39 East together with a non-exclusive easement of ingress and egress over the following property: The West 25 feet of the East 28.3 acres of Tract 3, in Section 5, Township 32 South, Range 39 East. All the above according to the last general Plat of Lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said land now lying and being in Indian River County, Florida. Be changed from RS -3, Single -Family Residential District to A-1, Agricultural District. All with the meaning and intent and as set forth and described in said Zoning Regulations. 21 JAN 0 8 1991 BOOK JAN 0'3'1991 J p n3r� FA.G.Ea ORDINANCE NO. 91-1 _Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8 day of January , 1991 This ordinance was advertised in the Vero Beach Press -Journal on the 14 day of December , 1990 for a public hearing to be held on the 8 day of January , 19S1 at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert , and adopted by the following vote: Chairman 8i.ch.arl N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: 4.//`:1* Richard N. Bird, ATTEST BY: Chairman .:PUBLIC HEARING - EIGHTH STREET WATER MAIN EXTENSION The hour of 9:00 o'clock A.N. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a NOTICE OF PUBLIC HEARING • The Board of County Commissioners of Indian River County, Florida, hereby provides notice 014 a Public )Hearing scheduled for 9:05 A.M. on, ; • Tuesday, January 8, 1991, to discuss a pro -{r, ;posed resolution relating to a special assess- ment project in Indian River County for the in- ;,staliation of a water main in 25th Avenue north, of Eighth Street, Including an extension of the Eighth Street water main, and providing for spe- In the Court, was pub- tial assessment liens to be made of record on • the properties to be served. Anyone who may wish to appeal any decisiob i U� r'%tth %/I !/this meeting wl need to ; enwhsurech nae made that4a verbatimtrecord 01 theilproceed- c lished in said newspaper in the issues of ings is made, which includes testimony and evi-., dance upon which the appeal is based. Nov. 30, Dec. 7, 1990 746886 4LPARz, in the matter of lid 'IGGM/ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper ha heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mall 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 te purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this ` IJ JI. s ,(Business Matlager) .7 7,day p .19 tie (SEAL) (61eck-at-the-CtrcutTCtrurt tndiarrRiver County,rFlorida)- 7 2 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being n the matter of ild4.) 4jf In the lashed in said newspaper in the issues of .Court, was pub- ) • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this % • ay of (SEAL) (G r of fhn r`irruit Court Inds- u er-Gou yrFlorida)--- VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of £htA) in the NOTICE OF PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on .. Tuesday, January 8, 1991, to discuss a pro- - posed resolution relating to a special assess- ' ment project in Indian River County for the in- '4 • stallation of a water main In 23rd Avenue north 3 of Eighth Street, and providing for special as- sessment liens to be made of record on • the •.? properties to be served. 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 proceed • - ings is made, which Includes testimony and evi- dence upon which the appeal Is based..c Nov. 30, Dec. 7. 1990 ;. :cP-. ,,a„ 1748880 NOTICE OF PUBLIC HEARING t The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 A.M: on • -Tuesday, January 8, 1991, to discuss a pro- posed resolution relating to a special assess- ment project In Indian River County for the in- stallation of a water main in 28th Avenue north. of Eighth Street, including an extension of the Eighth Street water main. and providing for spe- Court, was pub- cial assessment liens to be made of record on ,,� / .� ,�//� /' the properties to be served. �2 SP air /% v Anyone may who may madewish this appeal any decision which be at this meeting .will need to , lashed in said newspaper In the issues of ' ensure that a verbatim record of the proceed- Ings is made, which includes testimony and evi dance upon which the appeal 1s based 746873• Nov. 30. Dec. 7, 1990. , k Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of (Business Manay@c)- • r� .! 1 4. 11 r' - JAN 08 1991 .rl f f the ircult.-(`spurt; fndian River County, Florida) --•-- 23 EkooK 82 PAGE • kl JAN 08 1991 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of244 '/et7.6a} �� "�f/ vigil BOOK r GE •j i NOTICE OF PUBLIC HEARING '~ The Board of County Commissioners of Indian " L.' River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on ;: Tuesday, January 8, 1991, to discuss a pro-... :. posed resolution relating to a special assess- ment project In Indian River County for the In- stailation of a water main in 26th Avenue south: i- of Eighth Street, including an extension of the_' Eighth Street water main, and providing for spe- tial assessment Liens to be made of record on ,; the properties to be served. in the Court, was pub - ' Anyone who may wish to appeal any decision ,. s����y '- / /Y g ' which may be made at this meeting will need to 76�r)W "eari l / /l V ' :ensureIgis that a verbatim record of theyproce vi- ICI s is made, which includes testimon and evi- ,} lashed in said newspaper in the issues of i✓i i dence upon which the appeal Is based. • Nov. 30, Dec. 7, 1990 748876 • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County; Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this A 1 I. (SEAL) . 19i4 (.1 (Business Manager) 1 (CI tver-Caenty Florida) The Board reviewed the following memo dated 1/2/90: DATE: TO: FROM: STAFFED AND PREPARED BY: SUBJECT: JANUARY 2, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES H. D. TER, P. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES EIGHTH STREET WATER MAIN EXTENSION RESOLUTION NO. 3 BACKGROUND: On November Resolutions preliminary hearing for • 27, 1990, the Board of County Commissioners approved Nos. 90-174 through 90-181, which contained the assessment rolls and established the date of the public the subject project. Homeowners have been notified of the public hearing by certified mail. 24 ANALYSIS: Design of the water distribution system is complete, and the DER Permit application has been submitted. Approval of Resolution 3 will confirm and approve the preliminary assessments. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution No. 3, which affirms the preliminary assessment of the subject project. Utilities Director Terry Pinto advised that a resolution confirming special assessments is needed for each of the 4 streets listed below: 25th Avenue north of 8th Street 23rd Avenue north of 8th Street 26th Avenue north of 8th Street 26th Avenue south of 8th Street Chairman Bird opened the Public Hearing on 25th Avenue north of 8th street, and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-3, confirming the special assessments in connection with a water main system located on 25th Avenue north of 8th Street, which includes an extension of the 8th Street Water Main, and providing for Special Assessment Liens to be made of Record. Chairman Bird opened the Public Hearing on 23rd Avenue north of 8th Street, and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-4, confirming the special assessments in connection with a water main system,, located on 23rd Avenue north of 8th Street and providing for special assessment liens to be made of record. 25 JAN 08 1991 �C BOOK FA E.3 JAN 0819 BOOK 82 F'AGE 38' Chairman Bird opened the Public Hearing -on 26th Avenue north of 8th Street, and asked if anyone wished to be heard in this matter. William Koolage, 815 26th Avenue, was very glad to be tied into the water system. He felt that all of these streets should be brought into the sewer system also, but Director Pinto had convinced him that it wasn't feasible right now. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-5, confirming.special assessments in connection with a water main system located on'26th Avenue north of 8th Street, which includes ars extension of the 8th Street water main, and provides for special assessment liens to be made of record. Chairman Bird opened the Public Hearing on 26th Avenue south of 8th Street, and asked if anyone wished to be heard in this matter. David Montenaro, 716 26th Avenue, wasn't really against the water coming in, but felt that many people there will find it hard to pay the assessment costs and impact fees. He personally is unemployed, many are retired, and their biggest question is where they will get the money to pay for the water service. Commissioner Scurlock noted that there is a payment plan available, and Mr. Montenaro stated that the 5 -year payment plan had been explained to them, but they would like to spread the cost out longer than 5 years. Utilities Director Terry Pinto explained that there is some planning underway for lumping all of these things into a long term assessment in the future, but that isn't available right now._ He .pointed out, however, that the first payment on this assessment isn't due for almost a year. The first payment actually is due after the completion of the project, which really amounts to a 6 -year period. Jim Blatus, 1005 26th Avenue, was concerned about the water drainage, and Director Pinto explained that after the water line is installed, restoration is done to bring it back to the original grade. It will go down one side of the street. With few exceptions, we go with the most cost effective way to build the project. 26 Mr. Blatus also asked about the hookup charges and whether it is mandatory to connect, and Director Pinto explained that although our ordinance states that it is mandatory to connect when service is available, we are not going out at the present time and knocking on doors to make people connect if they don't wish to. However, the longer they wait, the higher the impact fees wi l l b.e. Commissioner Scurlock pointed out that if they don't pay their impact fee, they don't pay the minimum water rate bill. Vernon Hall, 665 26th Street, wasn't against the water per se, but questioned the difference between the impact fee and the assessment cost. Director Pinto explained that when you connect, the impact fee is for the water capacity you take up in the water plant. The assessment itself is for the extension of the line and the benefit the water brings to your property, and the monthly service charge is for the amount of water you use. All single family residences pay the same impact fee of $1,240 for water. This fee is adjusted at intervals, and has increased in the past years. Mr. Hall understood then that if he didn't wish to connect right now, he didn't have to, but Chairman Bird cautioned that our ordinances do call for mandatory hookup and we could start to enforce that at any time. Commissioner Scurlock pointed out that it will change because of the State's concurrency requirements in the new Comp Plan. Director Pinto advised that the system will be ready to hook up in 4 or 5 months. Teresa Bishop of 26th Avenue was more than ready for water service. After having another well dug and replacing the pump, they still have to buy bottled water for drinking. Joan Boehme, 745 26th Avenue, asked if they have to pay for the hookup from the curb to the house, and Commissioner Scurlock_ advised that the property owner is responsible for that part, but people can do it themselves if they wish. He did it on his house and his cost was $79. However, you do have to get a permit. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 91-6, confirming the special assessments in connection with a water main system located on 26th Avenue south of 8th Street, which includes an extension of the 8th. Street water main, and providing for special assessment liens to be made of record. 27 JAN 08 1991 BUCK 8 FAGE JAN 199t. BOOK 8f RESOLUTION NO. 91-3 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN SYSTEM LOCATED ON 25TH AVENUE NORTH OF EIGHTH STREET, WHICH INCLUDES AN-TXTE I O O T i= I GH T� STREET WATER MAIN, AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90- 176 , adopted November 27, 1990, determined to make special assessments against certain properties to be serviced by a water main system of the County located on 25th Avenue north of Eighth Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published §11-52, Indian River County Code; and WHEREAS, an assessment roll in connection special assessments has been prepared; and WHEREAS, the Board of County Commissioners as required by with said of Indian River County passed Resolution No. 90-177 on November 27, 1990, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 30, 1990 and December 7, 1990 (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; and 28 MI RESOLUTION NO. 91-31111 WHEREAS, the land owners of record were mailed notices on December 5, 1990 , (at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 8, 1991, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE. IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2•. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert Scurlock , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Comm i ss i one r Margaret C. Bowman Comma ss I over -Carolyn K. Eggert Commissioner Don C. Scurlock, Jr. The Chairman thereupon declared the passed Attest Aye Aye Aye Aye Aye resolution duly and adopted this 8 day of January • 1.991, BOARD OF COUNTY COMMISSIONERS INDIAN RIER COUNTY, FLORIDA By _��cG=�S/iroe `� I4 -yl . arton, CTerk 8Y: e," ;t.,a,i, g4 P. C+, Attachment: ASSESSMENT ROLL 29 JAN 08 199E Richard N. Bird Chairman .Indan Alva Ca AvOrpve 1 Date Admin. --1; -. _ . -..- .. _ .7 - _.. Legal/ 2 Q/ Budget --- C-3 91 Dept. /P f•Z'f!/ Risk Mgr.- EDOOK Ir- gii\I 08 1991 BOOK 82 PAGEJ RESOLUTION NO. 91-4 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN SYSTEM, LOCATED ON 23RD AVENUE_ NORTH OF EIGHTH STREET AND PROVIDING SPEC I AL iAB3` `SNIENT ETERS—TO—SE—MADE OF RECQRD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90-J24_, adopted November 27, 1990, determined to make special assessments against certain properties to be serviced by a water main system of the County located on 23rd Avenue north of Eighth Street; and WHEREAS, said resolution described the' manner in which said special assessments shall be assessments are to be paid; and WHEREAS, the resolution was made and how said special published as required by §11-52, Indian River County Code; and WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 90-175 on November 27, 1990, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 30, 1990 , and December 7, 1990 (twice one week apart and the last being at least one week prior to the hearing) as required by 411-52, Indian River County Code; and 30 11111 RESOLUTION NO. 9 WHEREAS, the land owners of record were mailed notices on .December 5, 1990 , (at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 8, 1991, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Scurlock and, upon being put to a vote, the vote was as follows: Cha.i rman Rich-ard N. Bird Aye Vice Chad rman Gary C. Wheeler Aye Conor i ss loner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye Comm i ss i one r Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this Attest 8 day of January , 19 91 hrAidailt, arton,-CTerk- BYC311.I. Attachment: ASSESSMENT ROLL 31 JAN 0 8 1991 ir BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman Indian give en Approved Date Admin. - -; - - - - - __ -, Legal ��— e? Budget - DOQ 1. Risk Mgr. _. -. . BOOK ;r j PAGE .3 b JAN 0 8 i99t BOOK RESOLUTION NO. 91-5 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN SYSTEM LOCATED ON 26TH AVENUE NORTH OF EIGHTH STREET, WHICH INCLUDES 7T-ESCihN OF TRE -E T GRTR STREET WATER MAIN, AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. 6-4 PA.,,E i� WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90- 178 , adopted November 27, 1990, determined to make special assessments against certain properties to be serviced by a water main system of the County located on 26th Avenue north of Eighth Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and howsaidspecial assessments are to be paid; and WHEREAS, the resolution was published as required by §11-52, Indian River County Code; and WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 90-172, on November 27, 1990,.which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 30, 1990 and December 7, 1990 (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; and 32 RESOLUTION NO. MI WHEREAS, the land owners of record were mailed notices on December 7, 1990 (at least ten days prior to''the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, January 8, 1991, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD .OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Scurlock • and, upon being put to a vote, the vote was as follows: • Chairman Richard N. Bird Vice Cha i rman Gary C. Wheeler Commissioner Margaret C. Bowman Comm i ss i oner Carolyn K. Eggert Commissioner Don C. Scurlock, Jr. Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed Attest and adopted this _a__ day of _January , .19 91. BOARD OF COUNTY COMMISSIONERS INDIAN RIV R COUNTY, FLORIDA By Richard N. Bird Chairman Attachment: ASSESSMENT ROLL 33 JAN U 8 1991 wain HW.tCe – Apprgved , pate Admin.—I - _ ' - . , Legal o .. .._ _ 1 •2 . t. Budget l ---- ±.�_9) Dept. / A -2 A(slt Mgr. -_- BOOK 8:d PAt;E.JaL JAR OS '99i n p'' s�02� BOOK 2, FATE 302 RESOLUTION NO. 91-6 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN SYSTEM LOCATED ON 26TH AVENUE SOUTH OF EIGHTH STREET, WHICH INCLUDES i -L TENST0WI E T CFIT'A STREET WATER MAIN, AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90- 180 , adopted November 27, 1990, determined to make special assessments against certain properties to be serviced by a water main system of the County located on 26th Avenue south of Eighth Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and howsaidspecial assessments are to be paid; and WHEREAS, the resolution was published as required by §11-52, Indian River County Code; and WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 90-181 on November 27, 1990, which set a time and- place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, _Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 30, 1990 , and December 7, 1990 (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; and 34 RESOLUTION NO. 9111111 WHEREAS, the land owners of record were mailed notices on December 11, 1990 , (at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesdart January 8, 1991, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert • Scurlock , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this $ day of _34444414,4, , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIV COUN Y, FLORIDA Cfcer: Attest Q Okfriie, e r 1)0.1)0.Attachment: ASSESSMENT ROLL 35 JAN 08 1991 B y _Richard N. Bird hairman Indian Rim Cn Avprovep Date Admin. •- rLegal , - 4 Budget • ad - J-3-9) Dept. (—L" c RISK Mir. — . _.. - _ EAu:30'' JAN 0 V391: BOP 82 PAGE J 4 PURCHAS EOF LOT 2, _ B LOCK 7, BOOK ER T . WASHINGTON_ SUBDIVISION The Board reviewed the following memo dated 12/13/90: TO: Board of County. Commissioners DATE: December 13, 1990 FILE: THRU: James E. Chandler County Administrator PURCHASE OF LOT 2, SUBJECT: BLOCK 7, BOOKER T. WASHINGTON SUBDIVISION FROM: Randy DowlingV REFERENCES: Ass't. to County Administrator BACKGROUND The County, in recent years, has purchased property immediately north of the current County Administration Building for the new Health Department Building, additional parking for the County Administration Building, and future uses. County.owned properties are outlined on the attached map. CURRENT Mr. Sherman Strawter, owner of Lot 2, Block 7 of the Booker T. Washington S/D 12644 17th Avenue), has offered his property for sale at $26,500 which is also the appraised value. Mr. Strawter also wants to continue to occupy the residence under a lease agreement until the County needs the property. RECOMMENDATION Staff recommends the Board Chairman execute the purchase contract for $26,500, approve Budget Amendment #13 which includes an additional $1,000 for potential closing costs, and authorize staff to prepare a lease agreement between the County and Mr. Strawter. The lease agreement will be brought back to the Board for formal approval. Funding for this acquisition would come from Fund 315, optional one cent sales tax account. Administrator Chandler explained that there will be a lease agreement with the County. Originally, the owner was asking $31,000 for the property, but has agreed to $26,500. We estimate an additional $1,000 for closing, appraisals, etc. The concession is that the lease agreement states that the first year's rent would be $1.00 a month and the second year's rent would be $200 a month. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the purchase contract for $26,500, Budget Amendment #013, and the remainder cf staff's recommendation as set out in the above memo. PURCHASE CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 36 1 TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director Entry Number 1. SUBJECT: BUDGET AMENDMENT NUMBER: 013 DATE: December 14, 1990 Funds/Department/Account Name 1 Account Number EXPENSE Increase. Decrease OPTIONAL SALES TAX/Hlth. Dept. All Land 315-106-519-066.11 27 500 OPTIONAL SALES TAX/Hlth. Dept. Reserve for Contingencies 315-106-581-099.91,$ 0 $ 27,500 PETITION PAVING RIGHT-OF-WAY ACQUISITION POLICY The Board reviewed the following memo dated 12/17/90: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Roger D. Cain, P.E. County Engineer DATE: December 17, 1990 SUBJECT: Petition Paving Right -of -Way Acquisition Policy DESCRIPTION AND CONDITIONS In the course of developing three recent petition paving projects, staff has found the need to seek additional right-of-way and to • develop a right-of-way acquisition policy for all petition paving projects. In communicating with private property owners; staff has first requested donation of needed right-of-way for an additional 30' of right-of-way along the following listed roadways: 1) 33rd Street (Cherry Lane) from 58th Avenue to 66th Avenue. 2) 1st Street SW from 58th Avenue to 66th Avenue. 3) 26th Street from 58th Avenue to Village Green MHP. In addition to the above projects, there are other scenarios that the Public Works Department staff has found it must deal with in pursuing the petition paving program. JAN U8 991 37 BOOK ) PAGE JJt» Pr - JAN 081991 BOOK ,PAGE 3ort .Scenario # 1. A valid petition may be filed, or project initiated, where the county has a certain minimum amount of right-of-way but needs to acquire additional right-of-way to provide for the minimum right-of-way requirements. The county staff requests donations of right-of-way and assesses those who have donated right-of-way only for the construction costs, at the present time, several property owners along.lst Street SW, 33rd Street, and 26th Street do not wish to donate right-of-way, or do not wish the road to be paved. The alternative is to purchase the right-of-way, and possibly go to condemnation for additional 'right-of-way for a petition paving project. The costs for the acquisition of the right-of-way must be borne by the property owners or the county. It is not equitable for all of those involved in the benefit district, even those who have donated right-of-way, to pay for the cost of the right-of-way from those citizens who did not donate. Scenario # 2. In a forced assessment where additional right-of-way is needed for the purpose of eliminating road grading routes, or other maintenance costs to the county, should the county purchase or even condemn right-of-wayand put the right-of-way acquisition costs in the costs assessed to the benefit district when the assessment was initially pursued by the county. Scenario # 3. In some cases, a potential development is required to escrow money so that the road may be paved when the county schedules it. In this case., generally, the developer may be the only one expressing an interest in having the road paved. In some cases the developer may be required to have the road paved prior to receiving a Certificate of Occupancy. In such a case, should the county purchase or condemn right-of-way for this project from other owners. In cases like this should the road just be paved to the minimum extent possible for example to the developer's property line and no further to reduce the extent of the benefit district. Scenario # 4. Some property owners along a benefit district are willing to donate the right-of-way. The willing donors are asking us that they not be assessed for the cost of the improvement. Should the cost of donated right-of-way be included as a credit toward the assessment cost of the petition paving? Scenario # 5. Involves the acquisition of not only right-of-way, but in the case of close structures to the road work the purchased structures, or payment of damages, to those structures that are affected by roadway construction even if they are outside of the right-of-way limits, but due to the proximity of the roadway are damaged by the new roadway. This presents the threshold question of when is an owner damaged by the construction, or on whose authority should damages be paid? ALTERNATIVES AND ANALYSIS It is now, due to water management district requirements and Indian River Farms Drainage District requirements, impossible for the county to pave roadways without at least sixty feet of right-of-way for local roads, and approximately eighty feet for collector roadways. The need to accommodate stormwater treatment and flood attenuation is further complicated by the need to provide utility accommodation within the right-of-way and due to the separation requirements of the utility's facilities for underground installations, as well as roadside safety clear zones, these widths are minimums, especially for collector roads which may have. future widening requirements. Even if off-line stormwater retention ponds are built to provide stormwater flood attenuation and water quality treatment, conveyance swales must be maintained and therefore little right-of-way savings could be achieved by using off-line retention ponds in vacant areas, or lots, in the subdivision included within the benefit district of the petition paving project. 38 1 The length of time in acquiring right-of-way for petition paving projects is significant and increases the time frame for petition paving projects from the time the project is first initiated until construction begins. In addition, the amount of work for acquisition of right-of-way in the case of unwilling owners will overtax the ability of the county's right-of-way agent to provide the right-of-way services in a timely fashion, especially if a number of parcels go to condemnation. The county currently has a backlog of petition paving projects in subdivisions where adequate right-of-way is available for construction and no additional right- of-way is required and could direct its efforts to those projects. The county's main interest in getting roadways paved, is- to eliminate the expense of maintenance grading of unpaved roadways. Currently the county can identify 3 locations where an existing grader route is causing an unusually high cost, or delay, in providing roadway grading. At these locations the need for additional right-of-way is as follows: 1) 5th Place west of Old Dixie Highway; Need 50' in the first 380' 2) 10th Place west of Old Dixie Highway; Need at least 10 additional feet. 3) 7th Avenue between 8th Place and 10th Street. (Behind new Shoney's) Developer is paving from 10th Street to where his property ends. We need 35 additional feet of right-of-way south of there. In determining the answers to these situations it seems that certain values must be upheld in analyzing the merits of each particular course of action and determining the merits of that course. Among the values considered should be the effectiveness in the course of action in allowing the county to achieve its goals of increasing the number of paved roadways in the county. Another value -would be the fundamental fairness to the county's citizens andto the county itself in providing a suitable compensation package and a least cost approach. Third, what will be the effects on obtaining right-of-way for other county projects and the effect on community support for -other county projects requiring right-of- way. It should be pointed out that one of the problems with purchasing right-of-way from only those who are not willing to donate is that the cost of the right-of-way purchase would be shared by those citizens who have donated right-of-way unless the current ordinance is changed to redistribute the way costs are assessed. For instance, in a ten lot subdivision with approximately equal° frontage with one unwilling owner, the costs of the right-of-way acquisition is added to the assessment and instead of being totally distributed to the unwilling owner, the other nine owners would pay a prorated portion of the right-of-way acquisition costs according to the current assessment ordinance. RECOMMENDATION AND FUNDING Staff recommends that the petition paving program be divided into two categories of projects. One category would be termed the priority petition paving program. The second category would be -the regular petition paving program. The priority petition paving program would consist of those projects for which the county would purchase right-of-way if it would realize a savings in maintenance JAN 08 1991 39 BOOK 82 PAU. 9 JAN Q8 1991 BOOK8. [Aut.. of;) costs and a benefit would derive to the overall maintenance function of the maintenance program. This could be evidenced by the removal of road grader routes separated by great distances, or elimination of especially troublesome sections of roadways as viewed from a maintenance standpoint. The regular petition paving program would consist of those projects for which petitions are brought to the county from owners in the benefit district. The county. would reserve the right to initiate priority petition paving projects and assessing the owners using a benefit district assessment approach. The policy for right-of-way acquisition for the two categories of petition paving programs would allow for the payment for right-of-way acquired for priority petition paving projects. Both the owner and the Board of County Commissioners would approve a purchase amount for the acquisition based upon—the appraised value of the property given by an appraiser of the county's choosing. In the case where an owner would donate__the property, a credit would be given to the owner against the `=assessment for the agreed amount based upon the appraised value of the donation. The costs of right-of-way would be included in the project cost. In the case of the regular petition paving projects, the county would require all right-of-way to be donated, if right- of-way is needed for the project, before the Board would give approval for the project. In a regular petition paving program, if an impasse is reached on matters of right-of-way acquisition, staff will bring the project before the Board for a public hearing for approval to purchase right-of-way for any particular project where -:*an impasse is reached, if, and only if, a clear majority of the owners in the benefit district have donated right-of-way and are in favor of the assessment project. If the Board approves the purchase from those owners not willing to donate, all right-of-way will be purchased on the project with a credit for the appraised value of the donated right-of-way given to the donors against their assessment for the petition paving project. Due to the -inability to reliably ascertain condemnation costs and legal fees, and the statutory requirements that the final assessment must be no more than the approved preliminary assessment, staff recommends that condemnation be considered only for priority petition paving projects and not used in the case of regular petition paving projects. Commissioner Scurlock agreed there is an inequity problem in acquiring right-of-way. He especially was concerned about those situations where we can physically pave the road and the people are willing to pay to have it paved because the road is dangerous, and our saying that we are not going to improve the road because some people wil.I not dedicate the right-of-way so that we can get to 60 feet. He felt this is a real dilemma, because he could not see holding up development for the next 15 years or so just because we don't have enough right-of-way for the ultimate design we would like to have. Commissioner Eggert believed those situations would be addressed as a special safety matter. Public Works Director Jim Davis explained that there are two things that are happening to make the design of the roadway more 40 difficult in the confined right-of-way situation. Before the County can pave a dirt road, we have to seek a stormwater runoff permit from the St. Johns River Water Management District and we have to provide for the water quality treatment of the first one inch of runoff coming from the roadway. We can no longer design the roadway without additional right-of-way to accommodate the required water quality treatment. Commissioner Scurlock asked if it would be possible to drain onto someone's property, because he felt certain people would be willing to do that rather than dedicate right-of-way. • Director. Davis advised that it is possible to do it off site, but it does require the purchase of land off site to attenuate the stormwater. In addition to the pond or retention facility, we also need the conveyance swale to get the stormwater to that off-site area, unless we go with a curb and gutter urban system. In his opinion, the design manuals just don't give the discretion to go into a rural area. He felt the bottom line is that the regulations don't permit us to do what Commissioner Scurlock is suggesting. Commissioner Scurlock didn't want to get bogged down on this today because he was sure that we could talk for two hours on this subject alone. He wished to see it addressed at a later time, however, because it seems to him that we ought to have the ability to make a provision for those people willing to pay to make a road safer and are just being held up because we need 60 feet and they only have 30 feet. It just seems to him that it is the right thing to do and that government ought to have the ability to do the right thing. County Engineer Roger Can explained that we can cut back on the right-of-way requirements to a certain degree, but it would increase the cost, and Administrator Chandler emphasized that there are very few alternatives under the complexities of the permitting process. Commissioner Bowman believed that with a curb and gutter design it would be a lot easier to connect to a stormwater treatment facility later on, but Director Davis didn't feel that the state of the art has gotten to mechanical treatment of stormwater. Due to the cost, most of the DER studies and studies throughout the country are not looking at mechanical means to treat stormwater. Commissioner Wheeler agreed with Commissioner. Scurlock that a paved road is safer than a washboard graded road, but a lot of these roads that people want paved are very rural in nature. He felt that Cherry Lane is traveled quite a bit. 41 JAM Q8.1991 800K 82 PAGE:3 0 Pr - JAN 089'9i BOOK [AGE Mr. Cain stuck by his recommendations to acquire sufficient right-of-way to build clear zone roads, because he felt that if you don't pave. them with clear zones, you are providing a situation where the accidents will be more severe with vehicles running off the road and hitting trees or concrete bridge abutments. He believed that if we don't meet the standards, the County eventually would have to pay in court. As a professional, he didn't want to stamp and seal a design that he doesn't feel is standard. Commissioner Bowman asked about the effectiveness of guard rails, and Mr. Cain advised -that guardrails are necessary when there really isn't any other choice, but they too are a hazard. However, they do deflect when they are hit, and there are times when they should be used. The problem with providing guardrail protection along canals is that they hinder maintenance'of the canals. Director Davis noted that the present cost for guardrails is $15-$20 a foot, and in many of these areas we can buy 15-20 feet of right-of-way for $1 per square foot, so the cost of guardrails could almost exceed the cost of right-of-way acquisition. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board approve staff's recommendation at this time, with the understanding that we will continue to look at doing the right thing. Under discussion, former commissioner Bill Wodtke, 6325 1st St., S.W., wished to make a couple of comments since the Board basically is establishingpolicy today on right-of-way acquisition. He felt it is equitable to take the value of the property and include that in the cost of the project and split that in the collector roads with 50% going to the County and 25% to each property owner. Mr. Wodtke recalled that one of the things that was instigated in the petition paving policy was the incentive that if a property owner of a 5 or 10 acre piece of land donated their right-of-way and tater wished to subdivide into 2 or 2-1/2 acres, they could make that division, but could not if they sold the right-of-way or the County had to condemn it. He asked if this new policy would negate that practice. Attorney Vitunac didn't think that policy was legal, but Mr. Wodtke pointed out that whether or not it is legal, it has been the County's policy and the policy that has been stated by the 42 Engineering Department when they have been requesting right-of-way. Director Davis advised that our Code addresses the condition of the land in gross acreage prior to right-of-way dedication in computing the allowable number of units. Attorney Vitunac asked Director Davis if it is true that if someone demands to be paid for his right-of-way, it doesn't count for it, and Director Davis believed that if the County purchases the right-of-way, the gross acreage after the purchase would be used. Attorney Vitunac felt we really will have to look at that again, and Chairman Bird agreed that Attorney Vitunac and Director Davis need to spend some time on the matter. Mr. Wodtke also questioned the stormwater runoff and the drainage, and Director Davis explained that the swales will hold the runoff from the road, but drainage from the land has to be designed according to the criteria approved by the SJRWMD and the Indian River Farms Water Control District. Mr. Wodtke suggested that to save on maintenance, the County put down a sheet of asphalt on existing dirt roads rather than grading them, especially in some of the more rural areas such as Fellsmere. With regard to speed, he would rather see 45-50 mph on an asphalt road than see a schoolbus traveling those dirt roads after a heavy rain. He just wondered if we could do that and call it maintenance rather than construction. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Chairman Bird anticipated that today's discussion will generate some future workshops on policy for dirt roads. SPECIAL ASSESSMENT PROJECTS -- CHERRY LANE, 1ST STREET SW, -AND WALKER AVENUE The Board reviewed the following memo dated 12/3/90: JAN 08 1991 43 BOOK 82 FACE 401 JAPE 08 1991 BOOK (6PAGE 402 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM:. Michelle A.1G Civil Engineer SUBJECT: Special Assessment Projects - Cherry Lane, 1st Street SW, and Walker Avenue ile, CET DATE: December 3, 1990 .DESCRIPTION AND CONDITIONS On May 31, 1988, the Board of County Commissioners approved the recommendation from the engineering staff to have Cherry Lane, 1st Street SW and Walker Avenue designed by a consultant engineering firm under a Master Agreement. The plans are complete and these roads are classified as priority projects. Prior to any construction a minimum of 30 additional feet of right-of-way must be obtained from property owners along the north side of each road. On two occasions, the engineering staff contacted the property owners requesting donations of additional right-of-way,. The attached status report shows who was contacted and what their comments were, regarding donating right-of-way. The responses vary from willingness to donate, but do not assess; opposition to the project completely; and some owners expressing a willingness to consider an offer for their property. Additional right-of-way is required. These roads are considered collector roads. A fourteen foot recovery area is required along any canal and stormwater retention for flood control in open swales. ALTERNATIVES AND ANALYSIS Prior to a Public Hearing to adopt a resolution for the improvements, a cost estimate and assessment roll will have to be prepared. Alternative No. 1 Include the cost for all additional right-of-way in -the project costs. All property owners will share equally the cost for construction and right-of-way acquisition. Have an appraiser appraise all right-of-way to be acquired and include the cost of the appraisals in the project cost. Any property owner who donates right-of-way will be given a credit for the appraised value of the donated property. All property owners will share the cost for construction and right-of-way acquisition. Alternative No. 2 Include only the cost of purchased right-of-way in the project cost eliminating the need for appraisals and attendant costs for donated right-of-way. 44 RECOMMENDATION AND FUNDING Staff recommends Alternative No. 1 Include cost for right-of-way acquisition in the cost estimates. Contract with an appraiser to have property appraised. Prepare cost estimates, assessmentrolls and schedule public hearing with property owners. This approach provides more fairness and in the case where right-of-way is not required of certain parcels, such as in property on the opposite side of the canal as here, allows an equitable sharing of the burden of right-of-way acquisition. Commissioner Eggert understood that this gives a credit for anyone donating right-of-way, and Director Davis confirmed that if a property owner donates right-of-way, that right-of-way value would be established by appraisals in the area and they would be credited. Commissioner Scurlock understood that staff's recommendation is Alternative #1, which is to pay everyone and include it in the cost, and Director Davis replied affirmatively. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation of Alternative #1, as set out in the.above memo. CHILDREN'S SERVICES ADVISORY COMMITTEE - AFTER SCHOOL PROGRAM The Board reviewed the following memo dated 12/21/90: TO: Board of County DATE: December 21, 1990 Commissioners SUBJECT: FILE. 19490 9 O-c•C' D'�e,. 199 & Children's Servi'ces F 'Qd^v Advisory Committ 4' FROM:Carolyn K. Eggert REFERENCES: Chairman, Children's Services Advisory Committee The Children's Services Advisory Committee met on December 20, 1990 and recommended the following policy and rate changes to the Board of County Commissioners for approval: JAS 0x.1991 45 E00K 82 PAGE 403 BOOK 82 PACE 4 4 1. Effective January 21, 1991.(second semester). all After School Programs at elementary sites will have 100% rate increase from $5.00 a week to $10.00 a week per child. Children on the free or reduced lunch program will pay $5.00 per week. Principals in conjunction with the Recreation Director will have the authority to approve hardship cases at no cost. This increase shall make the Indian 'River County After School Program a nearly break-even County Recreation Program if attendance remains constant. 2. Children that are 5 and 6 years old will be accepted if there are older siblings in the program or if they are a hardship case and are approved by the principal in conjunction with -the Recreation Director. We request your approval of this policy. Chairman Bird advised that the Board has received several letters and many calls from people concerned about the fee structure and the exclusion of 5 and 6 year olds in the After School Programs. Most of the people, however, were basically in support of the program. We received a letter from Lenora Quimby, owner/director of a local child care center, and alternate member of the Children's Services Advisory Committee, objecting to the proposed weekly charge being too low. The private child care owners are urging the County to adopt a competitive weekly rate of $30 or decide to serve only the economically disadvantaged. They feel that the $5.00 charge and even the $10.00 charge is unfair. OMB Director Joe Baird advised that the present $5.00 weekly charge does not pay for the program, and even by increasing it to $10 a week, we only would be breaking even. Commissioner Eggert reported that the Children's Services Advisory Committee voted unanimously to recommend raising the weekly charge from $5 to $10 in an attempt to be fair. Most of the telephone calls were from people objecting to the exclusion of the 5 and 6 year olds, rather than to the higher charge of $10._ These parents have a strong feeling that child care centers focus on the pre-school children and that 5 and 6 year old children going to school should be allowed to participate in the After School Program .since part of this expense is being paid with taypayers' dollars. Director Baird estimated that the weekly charges would amount to $35,000 and that the expenses would be in that area. It is very hard to estimate the revenues since we don't have any historical data. Commissioner Scurlock pointed out that we do have historical data from the hot lunch programs in the individual public 46 schools, but Director Baird repeated that at present it is staff's feeling that we will break even with the $10 weekly charge Commissioner Scurlock was concerned that a number of schools have a very low participation from minority children who are being bussed from their neighborhoods, and Commissioner Eggert advised that this concern has been discussed, and to get further outreach is definitely a goal. There is some possibility that IRCC could be of help. Commissioner Scurlock felt the County has some responsibility to fund programs for those who cannot pay a fee structure. He believed that is a legitimate county responsibility, and he had no problem with that. However, when it starts to encroach upon the private child care centers and their ability to make a living, that is where the rub occurs. Commissioner Eggert's main concern was the exclusion of 5 and 6 year olds unless they have older siblings in the program. Commissioner Bowman felt that if this could qualify as an enhancement program, perhaps we could receive some lottery money. Patricia Callahan, Director of Recreation for Vero Beach/Indian River County, advised that the After School Program originally began 8 or 9 years ago at the Citrus and Thompson - elementary schools, but faded out. Apparently, the need wasn't there. After a few years, however, Pelican Island Elementary and Highlands Elementary started their own programs and were very successful in laying the groundwork. Other schools saw the need.. and came to her for assistance in starting programs at their schools. She went to the Parks & Recreation Committee with a recommendation for the program, and the Committee concurred. Mrs. Callahan noted how difficult it was for children to play in their neighborhood schools when they are being bussed to other schools to achieve racial integration. Chairman Bird asked if the exclusion of 5 or 6 year olds in the program was some kind of a concession to the child care centers, but Mrs. Callahan noted that her feelings had changed in that respect after hearing the number of hardships that would result from working parents and single parents having their young children in two different places after school. She noted that the principals of eight elementary schools are here today to testify that there are many hardship cases. Chairman Bird opened the discussion for public input. The following persons spoke in general support of the program but wished to have the 5 and 6 year olds included in the program: JAN 0 8 1991 47 BOOK 82 PAGE 4U JAN 03991 800K 82 PAGE 40G Fred Mensing of Roseland, stepfather of Pelican Island Elementary student Dr. Jackie Jacobs, principal of Highlands Elementary Martin O'Neil, father of Pelican Island Elementary student Bonnie Swanson, principal of Dodgertown Elementary Debra Dillon, principal of Fellsmere Elementary Angie Baum, mother of Dodgertown Elementary student Daneca Perhax, 4335 60th Drive Gail Shallow, mother of Pelican Island Elementary student Fran Adams, principal of Citrus Elementary School Donna Whiting, kindergarten teacher at Citrus Elementary Beth Blankenship, mother of two Pelican Island Elementary School students Linda Minian, 510 39th Court The following persons had no problem with allowing the younger children to participate in the programs, nor did they want to see an end to the programs, but urged the Board to establish a more competitive charge in order to allow child care centers to stay in business: Susan and Bill Stegkemper, owners of.R.N. Child Care Fran Harrison, owner of Teacher's Place Paul and Lenora Quimby, owner of For Kids Only Joe Steinitz was concerned that taxpayers' money would be used to offset the cost of these programs. He felt the program should state "for latch key children only", because he wondered if perhaps we are becoming babysitters for those who would like to play golf or tennis in the•afternoon. He cautioned about the abuse that sometimes occurs with these programs. Bill Koolage 815 26th Avenue, urged the Board to fully fund the program, but believed that the program would be absorbed eventually by the School Board. Commissioner Scurlock felt that in the absence of having a concrete figure to work with, he would suggest that the Board approve the rate increase from $5.00 a week to $10 a week per child, approve the acceptance of 5 and 6 year old children into the program, but direct the Committee and staff to come back to the Board with more financial information in 60-90 days. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board approve: the Committee's recommendation for a charge of $10 a week per child and the participation of 5 and 6 year olds in the program, and directed the Committee and staff to look further into the fee structure and expenses and come back to the Board in 60-90 days. 48 Under discussion, Administrator Chandler noted that the 60-90 day timeframe is pretty close to when we will be considering next year's budget. Although Commissioner Wheeler felt we reed to do everything we can to help our children, he didn't feel that we should be in competition with free enterprise. He felt that those people who have the ability to pay should pay. Commissioner Scurlock expected that after all the figures are in, the rate structure would be closer to $30 a week than $10, which will put the program in less competition with the` private child. care centers. Chairman Bird was concerned that if we get the fees too high, it might do away with the program. Commissioner Bowman pointed out that for years people have sent their children to private schools. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. COMMITTEE APPOINTMENTS A question arose on possible conflicts on some committees, and Chairman Bird suggested that we table the committee appointments until next week and have an all inclusive list of committees and appointments at that time. Commissioner Wheeler left the meeting at this point, 12:30 w o'clock P.M.; in order to keep an appointment. CONTRACT WITH FIREFIGHTERS FOR 1991 COUNTY. FAIR The,Board reviewed the following memo dated 12/12/91: TO: Board of County Commissioners FROM: Richard N. Bird, Vice Chairman DATE: December 12, 1990 RE: Board Meeting - January 8, 1991 1991 Firefighters/Indian River County Fair The Firefighters have executed the attached contract with the County for holding the 1991 Firefighters - Indian River County Fair. Our application package to the state is now complete and needs to be submitted. It is now necessary for the Board to execute the attached permit and affidavit. RECOMMENDED ACTION: Board authorize the Chairman to execute the.attached documents and approve the County Attorney's Office submitting the 1991 fair application package to the state. 49 JAN 08 1991 BOOK 82 PAGE 407 JAN 0.8 i991 BOOK 82 PAGE 40S ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Wheeler having left the meeting earlier) approved the submittal of the 1991 fair application package to the State., and authorized the Chairman to execute the Agreement with the Vero Beach Firefighters Association, Inc., and other documents associated with the submittal of the application. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Therebeing no further business,,on Motion duly made, seconded and carried, the Board adjourned at 12:32 o'clock P.M. ATTEST: 50 Chairman