HomeMy WebLinkAbout1/22/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
JANUARY 22, 1991
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman
Gary C. Wheeler, Vice Chairman
Margaret C. Bowman
Carolyn K. Eggert
Don C. Scurlock
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. INVOCATION - None
`3. PLEDGE OF ALLEGIANCE - Comm. Don C. Scurlock, Jr.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of 12/11/90
7. CONSENT AGENDA
A. Release of County Utility Liens
(memorandum dated January 16, 1991)
B. Semi -Annual Bond Review
(memorandum dated January 2, 1991)
C. IRC Bid #91-33 / Horizontal Baler
(memorandum dated January 11, 1991)
D. Misc. Budget Amendment 019
(memorandum dated January 16, 1991)
JAN 22 1991
BOOK
JAN 22 199
E001( 82 rA;t
7. CONSENT AGENDA (continued) :
E. Windsor's Request for Final Plat Approval
Phase
(memorandum dated January 7, 1991).
F. Amendment to Provide for Title III - Police Power
Ordinances, Chapter 300 - Alcoholic Beverages -
Request to schedule Public Hearing
(memorandum dated 'January 14, 1991)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Supervisor of Elections Creation of New Precinct 38
(memorandum dated January 16, 1991)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
•
10. COUNTY ADMINISTRATOR'S MATTERS
Purchase of Lot 3, Block 7, Booker T. Washington S/D
(memorandum dated January 8, 1991)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Board Meetings
(memorandum dated January 15, 1991)
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. Leased Space - 2001 Building Contract
Amendment
(memorandum dated January 15, 1991)
2. Short List Recommendation - Space Needs study
(memorandum dated January 16, 1991)
D. LEISURE SERVICES
None
11. DEPARTMENTAL MATTERS (continued) :
E. OFFICE OF MANAGEMENT AND BUDGET
Selection of Underwriter for Financing
(memorandum dated January 15, 1991)
F. PERSONNEL
RFP 91 / RFP -41 Health Benefit Program
(memorandum dated January 14, 1991)
G. PUBLIC WORKS
1. Request from Wayne St. Pierre to Place a
Private Water Supply Well & Suction Line in
13th Ave. County R-O-W.South of 4th St.
(memorandum dated January 14, 1991)
2. 61st Drive Low's Subdivision
(memorandum dated January 7, 1991)
H. UTILITIES
1. No. Beaches Water Main Extension on AIA
North of Jungle Trail
(memorandum dated January 14, 1991)
2. Final Pay Request & Quantity Adjustment for
82nd Ave. Sewer C.O.#3 w/Owl & Associates
(memorandum dated January 7, 1991)
12. COUNTY ATTORNEY
A. General Development Utilities Franchise Assign-
ment from City of Sebastian
(memorandum dated January 8, 1991)
B. Proposed Title IV - Contractor and Building
Regulations
(memorandum dated January 9, 1991)
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
Request to schedule date and time for Save Our
Coast Presentation
(letter dated January 14, 1991)
B. VICE CHAIRMAN GARY C. WHEELER
LJAN 22 FM
BOOR 82 FACE ` eb
JAN 22 199
a
BOOK F'kGE4'0
13. COMMISSIONERS ITEMS (continued):
C. COMMISSIONER MARGARET C. BOWMAN
Report on Economic Opportunities Council
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER DON C. SCURLOCK
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
1. Approval of Capital Equipment Purchase Lawn
Maintenance Equipment - Budget Amendment #20
(memorandum dated January 15, 1991)
2. Approval of Minutes - Meeting of 9/18/90
3. Approval of Minutes - Meeting of 9/25/90
C. SOLID WASTE DISPOSAL DISTRICT
1. Recycling Award Signature
(memorandum dated January 9, 1991)
2. Approval . of Minutes - Meeting of 11/13/90
3. Approval of Minutes - Meeting of 11/27/90
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.
Tuesday, January 22, 1991
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
January 22, 1991, at 9:00 o'clock A.M. Present were Richard N.
Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C.
Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph Baird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Scurlock led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Scurlock requested the addition to today's
Agenda of a proposed CARL project nomination for property in
western Indian River County. The emergency is that the
nomination has to be submitted by January 31, 1991.
Commissioner Bowman requested the addition of establishing
staggered terms for members of the Transportation Disadvantaged
Local Coordinating Board, which was supposed to have been done
when the Board appointed the members to the TDLCB.
Administrator Chandler requested the addition of approval of
additional engineering on Phase III of' Indian River Boulevard.
The emergency is that we are trying to get the plans and specs
finalized so we can go out to bid on this project in February.
Chairman Bird requested the addition of a request from the
Gifford Progressive City League to schedule a small carnival at
the Gifford Park from January 31 to February 3, 1991.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously added
the above items to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of December 11,
1990. There were none.
BOOK PAGE.-
' JAN
AGE
'JAN 2 2 491
JAN 22
Boor 82 PAGE` 52
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Minutes of the Regular Meeting of 12/11/90, as
written.
CONSENT AGENDA
A. Release of County Utility Liens
The Board reviewed memo from Lea Keller, CLA:
TO: The Honorable Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 16, 1991
RE: CONSENT AGENDA - BCC MEETING 1/22/91
RELEASE OF COUNTY UTILITY LIENS
I have prepared the following lien releases and request that
the Board authorize the Chairman to execute them:
Release of Water Assessment Liens
SUMMERPLACE in the names of:..
BATSCHE
GILLESPIE
AMANZIO
HICKEY
FLEMING
FERRIS
COOPER (2)
HENLEY
McDONALD
HOLMES
KARISH
Satisfaction of Impact Fee Extension in the name of:
•
MORE
Information for the above documents is on file in the:County
Attorney's Office.
2
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously authorized
the Chairman to execute the Release of Water Assess-
ment Liens and Satisfaction of Impact Fee Extension
as listed above.
COPIES OF SAID DOCUMENTS ARE ON FILE IN THE -OFFICE OF CLERK TO
THE BOARD
B. Semi -Annual Bond Review
THe Board reviewed memo from Risk Manager Beth Jordan:
TO:
THRU:
FROM: Beth Jordan, Risk Manage
DATE: 2 January 1991
SUBJECT: Semi -Annual Bond Review
James E. Chandler, County Administrator
Jack Price, Personnel Director2
Please consider this item for inclusion on the January 22, 1991,
Board of County Commissionersmeeting consent agenda.
BACKGROUND
Chapter 137.05, Florida Statutes, requires the Board of County
Commissioners at a "regular meeting in January and June of each
year examine carefully as to the sufficiency of bonds of the County
officers of their respective counties...." The Board last reviewed
the bonds on June 26, 1990..
ANALYSIS
We have obtained copies of the bond for each Commissioner. and
Constitutional Officer and, upon review, find them to be sufficient
in keeping with the statute.
RECOMMENDATION
Following review, no further action is required of the Board.
James E. Chandler
County Administrator
JAN 22 1991
3
/ .Z2 --
Date
BOOK FAGE e:
JAN 22 1991
ROOK
PAGE 4b4
p1rr
..v 1r.0
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously accepted the
above report for the record.
C. Bid #91-33 - Horizontal Baler
The Board reviewed memo from the Interim Purchasing Manager,
George Wolf:
DATE: January 11, 1991
TO:
THRU: James E. Chandler, County Admin;strator
BOARD OF COUNTY COMMISSIONERS
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: George H. Wolf, Interim Purchasi
SUBJ: IRC Bid #91-33/Horizontal Baler
Manager
BACKGROUND:
On request from the Solid Waste Disposal District, the bid for
a horizontal baler was properly advertised and Fifteen (15)
Invitations to Bid were sent out. On November 21, 1991, Five
(5) vendors submitted proposals for the commodity.
ANALYSIS:
•
On evaluation of all bids received, the lowest responsive bidder
was Recycling Systems and Services of Clearwater, Florida, in
the amount of $74,213.00, as stated in the attached analysis
from Terrence Pinto, Director Utilities. The source of funding
is also outlined in the referenced analysis.
RECOMMENDATION:
It is therefore the recommendation of staff that the award be
made to Recycling Systems and Services in the amount of $74,213.00.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously awarded Bid
#91-33 for a Horizontal Baler to Recycling Systems and
Services as the low responsive bidder in the amount .of
$74,213.00 as recommended by staff and per the following
Bid Tabulation:
4
BOARD
. •
•
Temossam 12051 S6740120.,
Recommended Award Recycling
OF COUNTY COMMISSIONERS
184025th Street, Vero Beach. Florida 32960
.
-$
Dates 11/26/90 •
PURCHASING DEPT.
BID TABULATION ..
Submitted By George Wolf, C.P.M., Interim
NvFR �.
���CL
r •. a�L •
*7`.�irat-fi
1 r,-'
PURCHASING MANAGc'Fi
Bid No. 91-33 Date Of Dpeningll/21/90
Bid Title Gori zontal Baler t
74,213.00 .
Sys & Se .I„ 0.'
1. -International Baler Corp
$69,075.00
4
Florida Equipment & Marhinety $.91,080.00
P.O. Box 6922
Optional Bid $49,300.00 (Closed End)
P.O. Box 91115 Optional Bid $ 55,920.00 (Closed Fed)
1'1"""
Jacksonville, F1 32236
(without tie)
. `te)
-Lakeland, F1 33804 $127,280.00 (Ten Ram w/ti;
2. Recycling Sys & Services
$74,213.00
5.
Mosley Machinery Cn.. Tnr 5174.01O.11
P.O. Box 1687
Optional Bid $46,258.00 (thswtE[ie)
`(Open
P.O. Box 1552 Optional Bid $146,029.00
Clearwater F1 34617
$56,218.00 End)
Waco, Texas 76703-1552
•
3. •International Baler Corp
$89,045.00
P.O. Box 6922
Optional Bid $49,300.00(Closed End)
Jacksonville, F1 32236
• • (Without tie)
•
D. Misc. Budget Amendment 019
The Board reviewed memo from OMB Director Baird, as follows:
TO: Members of the Board
of County Commissioners
DATE: January 16, 1991
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 019
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. Earlier this fiscal year the Board of County Commissioners
approved the Council on Aging applying for a State of Florida
Transportation Disadvantaged Grant to transport veterans. A
$40,154 grant was awarded with a requirement of $6,692 -
` cash match and $6,692 - in kind service contribution ($53,538
Vital). The attached budget amendment appropriates $6,692
for the Council on Aging from the Board of County
Commissioners contingencies.
5
JAN 22 199i
L_
" BOOK
82 PAGE 4LL5
JAN 22 199'
BOOK 82 PAGE :itiC
2. Indian River County does the Fellsmere Ambulance Squad
insurance billing. The insurance billing is estimated at $9,600
for the fiscal year and the attached entry appropriates funding
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached 'budget
amendment.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously approved
Budget Amendment 019 as recommended by the OMB
Director:
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of•.County Commissioners
FROM: Joseph A. Bair(*
d
OMB Director
NUMBER: 019
DATE: January 16, 1991
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
GENERAL FUND
Reserve for Contingencies
001-199-581-099.91
0
$ 6.692
Actencies/Council on Aging
001-110-564-088.32
$ 6,692
$ 0
2.
REVENUES
GENERAL FUND
ALS Char
es
001-000-342-061.00 9 600
EXPENSE
GENERAL FUND
Agencies/Fellsmere Ambulance ,001-110-526-088.57;$ 9.600
6
$ 0
E. Windsor'sRecg_uest for ,Final Plat Approval for Phase_ I
The Board reviewed memo from Staff Planner John McCoy:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Rober M. Keatin
Community Develirector
THROUGH: Stan Boling,
Planning Director
FROM: John W. McCoy Wt\
Staff Planner, Current Development
AICP
DATE: January 7, 1991
SUBJECT: Windsor's Request for Final Plat Approval for Phase I
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 22, 1991.
DESCRIPTION AND CONDITIONS:
On March 27, 1990) the Board of County Commissioners granted
conceptual special exception approval to the Windsor development to
construct a residential recreational community on 405 acres
approximately 1 miles north of the C.R. 510/S.R. A.1.A.
intersection. Subsequently; the Planning and Zoning Commission
granted preliminary PRD plat approval for Phase I on April 12,
1990; the applicant is now submitting for final plat approval for
Phase I. The final plat application covers 244.58 acres of the
overall 405 acres covered in the total PRD project.
The Phase I plat includes 60 village lots, 16 golf home lots, 6
beach cottage lots, the golf course and the platting of a variety
of tracts. The Phase I density is .29 units per acre, and the
tracts being platted include the following uses:
TRACT USE
A Recreation
B Recreation and Club Purposes
C Recreation and Club Purposes
D Commercial/Residential
E Landscaping
F Community Building
G Landscaping
H Landscaping
I Landscaping
J Recreation and Club Purposes
K Recreation and Club Purposes
L Recreation and Club' Purposes
M Recreation and Club Purposes
N Recreation and Club Purposes
0 A.1.A. Right -of -Way
P Recreation and Club Purposes
Q A.1.A. Right -of -Way
R Jungle Trail Right -of -Way
S Landscape Buffer
T Landscape Buffer
U Recreation
7
JAN 22 1991
BOOK 82 PAGE 4 d
JA', 22 a99
V A.1.A. Right -of -Way
W Recreation
BOOK 82 PACE'
All roads and drainage facilities will be privately owned and
maintained.
FINAL PLAT:
At its regular meeting April 12, 1990, the Planning and Zoning
Commission granted preliminary plat approval for Phase I. The
owner's agent, McQueen and Associates, Inc. is now requesting final
plat approval for phase I and has submitted the following:
1. A final plat in conformance with the approved preliminary
plat;
2. A completed Contract for Construction of Remaining.Required
Improvements;
3. An appropriate security arrangement acceptable to the County
Attorney's Office;
4. An Engineer's Certified Cost Estimate for the remaining
required improvements.
ANALYSIS:
Most of the required improvements for the subdivision have been
constructed; however, some required- improvements remain to be
constructed. A Contract for Construction for Remaining Required
Improvements has been submitted as well as a letter of credit to
securg the contract.
The County Attorney's Office has reviewed and approved the
submitted Contract for Construction, and the letter of credit. The
Public Works and Utilities departments have reviewed and approved
the submitted Engineer's Certified Cost Estimate and corresponding
letter of credit amount. It should be noted that all improvements
within Windsorwill be private, with the exception of certain
utilities facilities that will be dedicated to Indian River County,
as approved by Utilities Services.
RECOMMENDATION:
Staff recommends that the•Board of County Commissioners:
1. Grant final plat approval for the Windsor Phase I plat;
2. -Authorize the Chairman to execute the submitted Contract for
Construction of Remaining Required Improvements and accept the
letter of credit that secures the contract. _ r
8
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously granted
Final Plat Approval for the Windsor Phase I plat and
authorized the Chairman to execute the Contract for
Construction of Remaining Required Improvements and
accept the Letter of Credit, all as recommended by
staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
F. Code Revision Establishing Title III - Police Power
Ordinances, Chapter 300 - Alcoholic Beverages
The Board reviewed memo from Asst. County Attorney O'Brien:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien(
DATE: January 14, 1991
SUBJECT: AMENDMENT TO PROVIDE FOR TITLE III - POLICE POWER
ORDINANCES, CHAPTER 300 - ALCOHOLIC BEVERAGES
•
The attached ordinance has been prepared in connection with
the ongoing revision of the Indian River County Code (1974
edition).
Permission to advertise the ordinance is hereby sought. A
public hearing on February 12, 1991 is recommended.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Eggert, the Board unanimously authorized
staff to advertise a public hearing for the above
described ordinance.
SUPERVISOR OF ELECTIONS - CREATION OF NEW PRECINCT 38
Supervisor of Elections Ann Robinson presented the following
request to the Board of County Commissioners:
,SAN 22 1991
9
BOOK F';GE 4o
WAN 22 991
BOOK 82 F;A ,E 4 a 0
-January 16, 1991
TO: HON. DICK BIRD, CHAIRMAN, BCC
• w w
FROM: ANN ROBINSON
RE:- AGENDA ITEM FOR BCC MEETING OF JANUARY 22, 1991'.
Precinct 32 has nearly 2800 registered voters in it. We
would like to have the Board's approval to divide Precinct 32
and create a new precinct, Precinct 38. The new precinct
would contain Heron Cay and Heritage Village as well as the
rest of the southern part of Precinct 32.
Heritage Village has given us approval to use their recreation
building as a polling place for Precinct 38; see attachment.
Also, we would like your approval to change four of the polling
places as follows:
Precinct 15 to North Indian River County Library
1001 County Road 512, Sebastian
Precinct 30 to Indian River County Library
1600 21st Street, Vero Beach
Precinct 41 to Vero Christian Church
796 20th Avenue, Vero Beach
Precinct 51 to Holy Cross Catholic Church
2605 Highway A1A.
Thank you.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the request by the Supervisor of Elections to divide
Precinct 32, create Precinct 38, and change four of the
polling places, as set out in the above memo.
PURCHASE OF LOT 3, BLOCK 7 - BOOKER T. WASHINGTON SUBDIVISION
The Board reviewed the following memo dated 1/8/91:
'TO: Board of County CommissionersDATE: January 8, 1991 FILE:
THRU: James E. Chandler f/
County Administrate
SUBJECT: PURCHASE OF LOT 3,
BLOCK 7, BOOKER T.
WASHINGTON S/D
Randy Dowlin
FROM: Asst. to County AdministratciREFERENCES:
10
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. The Board, during its January 8, 1991 regular meeting,
approved the purchase of Lot 2, Block 7 for $26,500. County -owned
properties are outlined on the attached map.
CURRENT
The owners of Lot 3, Block 7 of the Booker T. Washington S/D (2622 17th
Avenue) has offered their property for sale at $23,000. The owners also
want to continue to rent the property under a lease agreement until the
County needs the property.
RECOMMENDATION
Staff recommends the Board Chairman execute the purchase contract for
$23,000, approve budget amendment # 017 which includes an additional $1,000
for potential closing costs, and approve the lease agreement. Funding for
this acquisition would come from Fund 315, optional one cent sales tax
account.
RD/mg
attachments: Map of County -owned properties
Budget Amendment # 017
Purchase Contract
Lease Agreement
Administrator Chandler advised that staff is proposing that
we enter into a tease upon closing with the property owner
whereby he could remain on the property at $1 per year for the
first year. The second year would be on a month to month basis
at $200 per month ,and a 60, -day notification. He noted that with
this acquisition, there would be only one lot remaining in that
entire block to be acquired.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the purchase contract for $23,000, Budget Amendment
#017, and the Lease Agreement, as set out in the above
staff recommendation.
LEASE AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED
JAN 2 2 1991
11
BOOK Lit., PAGE'i �.
JAS 22 199
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
Entry I
Number' Funds De•artment Account Name
• FAH
BOOK 2 F H
SUBJECT: BUDGET AMENDMENT
NUMBER: 017
DATE: January 9, 1991
Account Number
Increase
Decrease
1. ;EXPENSE
OPTIONAL SALES TAX/
All Land
315-106-519-066.11
24,000
0
Reserve for Contin•encies
315-106-581-099.91
0
24 000
SCHEDULING OF TWO NIGHT PUBLIC HEARINGS REQUIRED TO ADOPT LDR
AMENDMENTS
The Board reviewed the following memo dated 1/15/91:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP
Community Development Director
luAK
DATE: January 15, 1991
SUBJECT: BOARD MEETINGS
It is requested that the data herein presented be given formal
consideration by the board of county commissioners at its regular
meeting of January 22, 1991.
DESCRIPTION & CONDITIONS
During its 1990 session, the Florida Legislature made several
changes to local government planning requirements. One such change
which became effective on October 1, 1990 requires two night
meetings of the board of county commissioners whenever changes to
the county's land development regulations (LDR's) are to be
approved.
For that reason, staff has refrained from proposing a number of
minor LDR changes and corrections which are necessary to address
oversights in the newly adopted land development regulations.
Recently, however, Bruce Barkett submitted a privately initiated
LDR text amendment for a client. Since that amendment request,
itself, will require two night meetings of the board, the staff has
opted to "piggyback" its minor LDR amendments with the Barkett
amendment. In that way the board can address all of the amendments
in just one set of night meetings.
When the board adopted the new LDR's in September, it was
recognized that there would probably need to be minor revisions to
clean up minor problems that were certain to arise. As part of its
adoption motion, the board authorized staff to bring such
amendments back for consideration. To proceed with this process,
the board must now set dates and times for the two required
hearings.
12
ALTERNATIVES & ANALYSIS
All of the proposed amendments will be considered by the Planning
and Zoning Commission on Thursday, January 24, 1991. Subsequent to
that meeting and after the required notice, the board may hold its
meetings. State requirements mandate seven day notice prior to
each meeting and at least two weeks between the two meetings. The
meetings must be held after 5:00 PM.
Given the content of the proposed LDR revisions, staff anticipates
little public interest. Consequently, the hearings will probably
be short. One set of meeting:,'dates which would comply with the
state requirements is:
MEETING DATE TIME
1. Tuesday, Feb. 12, 1991 5:01 PM
2. Tuesday, Feb. 26, 1991 5:01 PM
The board may establish any other dates that meet state
requirements.
RECOMMENDATION
Staff recommends that the board establish meeting dates for two
night public hearings required to adopt LDR amendments.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously scheduled
two night public hearings for 5:01 o'clock P.M. on
Tuesday, February 12, 1991, and Wednesday, February 27,
1991.
13
JAN 22 1991 BOOK 8 f'a i. Li ��
JAN 22`291
Pool(
LEASED SPACE - 2001 BUILDING
The Board reviewed the following memo dated 1/15/91:
F.iGE
474
DATE:
TO:
THRU:
FROM:
SUBJECT:
JANUARY 15, 1991
HONORABLE BOARD'OF COUNTY COMMISSIONERS
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVI
LEASED SPACE - 2001 BUILDING
CONTRACT AMENDMENT
BACKGROUND:
Since August of 1990 this office has been trying to renew the subject
lease which expired December 31, 1990. It is anticipated that we
will be moving everyone out of this location by July 1991, and would
not require another full year's lease. We proposed to lease on a
month-to-month basis with a thirty day cancellation clause.
ANALYSIS:
On Monday, January 14, 1991, we received a signedlease amendment
from Mr. Ed Schlitt agreeing to the proposed terms. All existing
terms And conditions will remain the same as during the past year.
We are paying $6.30 per square foot.
RECOMMENDATIONS:
Staff recommends approval of the applicable amendment and requests
authorization for the Board Chairman to execute the lease.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Lease Agreement, and authorized the Chairman's
signature, as recommended by staff.
LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
14
SPACE NEEDS STUDY - SHORT LIST RECOMMENDATION
The Board reviewed the following memo dated 1/16/91:
TO: Board of ,County Commissioners DATE: January 16, 1991 FILE:
FROM:H. T. Dean, DIrecto
General Services
SHORT LIST
SUBJECT: RECOMMENDATION -
SPACE NEEDS STUDY
REFERENCES:
BACKGROUND
The Board, during its November 20, 1990 regular meeting, approved a
comprehensive space needs study and authorized the release of a Request for
Qualifications to interested vendors. The Board also appointed Commissioner
Scurlock to head the review committee.
CURRENT
The County received five responses from interested firms of which one firm
withdrew from the selection process. The review committee met on
Wednesday, January 16, 1991 to hear presentations from the four firms. The
committee then ranked the firms: 1) Vickrey, Ovresat, and Awsumb
Associates, 2) Architects Design Group, Inc., 3) CGA Consulting
Services, Inc.
RECOMMENDATION
Staff recommends the Board authorize staff to begin negotiations with the top
ranked firm for a fair, competitive, and reasonable price. Staff will conduct
the negotiation in accordance with CCNA requirements. Funding for this
study will come from General Fund Contingency.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Scurlock, that the Board authorize staff
to begin negotiations with the top ranked firm,
Vickrey, Ovresat, and Awsumb Associates, as recommended
by staff.
Under discussion, Commissioner Scurlock wished to highlight
the importance of this selection. Excellent presentations were
given by several firms, and Commissioner Bowman came in and sat
in on the entire process. Since this study will also involve the
SchoolBoard, we need to see what needs they have and coordinate
with them on any surplus. We are talking future space needs for
for all entire County operations, which is a big undertaking. We
were very pleased with the successful candidate because they
raised questions that really had not come to our minds.
JAN 2 2 1991
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted -on and carried unanimously.
15
BOOK 82 FAGS .47J 1
JAN 2-2 19911
82 �
MOK F.GE 7
General Services Director Sonny Dean took this opportunity
to introduce Fran Boynton, the County's new Purchasing Manager,
who commented on how happy she was to become a member of the
Indian River County team.
SELECTION OF UNDERWRITER FOR FINANCING OF UPCOMING CAPITAL
PROJECTS
The Board reviewed the following memo dated 1/15/91:
TO: Members of the Board
of County Commissioners
DATE: January 15, 1991
SUBJECT: SELECTION OF UNDERWRITER FOR FINANCING
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Indian River County has several future capital projects that need to be financed in the near
future. Examples of these are the Septage/Sludge Facility, West County Wastewater
expansion, North County Water, other Utility expansions, and Golf Course Phase II. In
order to proceed with the financing, we must choose an underwriter.
Several underwriters have written letters expressing interest in doing business with Indian
River County; however, four companies have shown more interest than others. These firms
are:
1. A. G. Edwards, Inc.
2. Raymond James and Associates, Inc.
3. William R. Hough and Company
4. Prudential Bache
Staff would like permission to short-list the above mentioned four underwriting firms and
use the short-listed firms as a pool to choose the underwriters for each financing project.
Doug Scurlock, Art Diamond, James Chandler and I will negotiate with each firm and
choose the best for the project based on cost and experience. Each underwriter selection
will be brought to the Board of County Commissioners for final approval.
RECOMMENDATION
Approve the above process for selecting an underwriter for financing of upcoming capital
projects.
16
Commissioner Eggert asked if we used the Finance Advisory
Committee in this selection, and Commissioner Scurlock explained
that they are not used in the early stages of the selection
process. The recommendation today is to approve the short-listed
four firms for negotiation, and then that recommendation will go
on to the Finance Advisory Committee before it comes back to the
Board for the final selection. This is the same process that we
have always followed.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommended process for selecting an under-
writer for financing of upcoming capital projects,
as set out in the above memo.
Commissioner Eggert wondered if we should review our policy.
about having a Commissioner on these selection committees, but
Commissioner Scurlock felt 100% comfortable with the makeup of
these committees and that it is important that a Commissioner
serves on them. He didn't see any pressure on staff; in fact, he
sat in on three selection meetings this week, and in two of them,
staff didn't go with his preference.
Commissioner Wheeler felt he could go either way, but he has
great confidence in staff doing it. He suggested that a member
of the Finance Advisory Committee sit in on these selections
committees, and Commissioner Scurlock noted that Administrator
Chandler determines the composition of these selection committees
and appoints appropriate staff after that particular department
head has made a recommendation.
Chairman Bird could see where it could work both ways. In
the areas that he works with, Parks & Recreation, Sandridge,
etc., he has enough faith in staff's judgment to leave the
decision up to them. He still believes that staff perceives the
Commission's authority when a Commissioner sits in on these
selection committees. He didn't have any problem in reviewing
it, however.
Commissioner Bowman stressed that the buck stops here with
the final decision being made by the Board.
17
JAN22 .1991
BOOK ra,;L 477
JAN . 2.2 19
BOOK 82 FAr.,E4JV
Commissioner Scurlock felt we should leave the policy
exactly the way it is, and Commissioner Wheeler felt he could go
either way, but has great confidence in staff. He pointed out
that there is heavy lobbying whenever we get into a big project
such as the Courthouse, which .is directed more atthe
Commissioners than at staff. He suggested having 5 members
instead of 4.
Administrator. Chandler advised that the committees range
between 4 and 5 members, depending on the particular project and
appropriate staffing.
In regard to lobbying, Chairman Bird didn't feel that staff
members should be lobbied and taken out to lunch, but
Administrator Chandler interjected that while there are attempts
to lobby staff, staff is not influenced by them and doesn't go
out to lunch with them. Anyone who expresses an interest in a
project is referred to the project manager on that particular
project, and if they want to meet with us, they set up a
pre -arranged schedule, etc., on county time.
Commissioner Scurlock pointed out that the County has
adopted a regulation which says that there will be no contact
unless it is directly through the Liaison person for that
particular project, such as Sonny Dean for the Courthouse, Joe
Baird for financing, or Harry Asher or Bill McCain for utilities.
That is a written policy. As far as lobbying goes, there is
going to be an attempt to do that no matter what, but the five
County Commissioners will make the final decision.
Administrator Chandler explained that if there is a specific
.liaison from the Commission, then that Commissioner automatically
goes on that selection committee. If there is not a clear cut
area, such as with the space needs study, he brings that to the
Commission for the Commission to designate a member.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board opted by a vote of 3-2,
Commissioners Bird and Egg_ert dissenting, to keep in
place the present policy on the selection process of
members of the selection committees.
18
HEALTH BENEFIT PROGRAM CONSULTANT
The Board reviewed the following memo dated 1/14/91:
To: James Chandler,
County Administrator
Date: January 14, 1991
From: Jack ,Price, P�,rso l Sub: RFP 91 -RFP -41 Health
(/�//� t�� Benefit Program
O.
The purpose of this RFP is to obtain the services of a professional
consultant who will evaluate the County's current employee health
benefit program and make recommendations for appropriate design
changes to maximize the benefits to employees; at or below current
program costs.
•
From the vendor list of 6 providers, 5 responded to the RFP. They
include Stanford & Co., Siver Consultants, TPF & C (Tillinghast),
Coopers & Lybrand and Johnson Higgins. Frank B. Hall did not
respond.
The review committee, comprised of Beth Jordan, Joe Baird, Randy
Dowling and Jack Price, made it's selection today. The preferred
consultant is Stanford & Co. with Siver Consultants the next
choice.
The cost quoted by Stanford & Co. is the lowest of the group at
$8,500. There is adequate money in the budget for this purpose.
Please review and recommend Stanford & Co. for approval by the
Board of County Commissioners.
Thanks for your assistance.
Administrator Chandler noted that while all of the firms are
qualified, staff is recommending Stanford & Co. because of the
lower cost and because he has worked with them before and found
them well qualified.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation of Stanford & Co. at a cost
of $8,500.
19
'MI22991
ner
JAM .62 1991
BOOK FA E
REQUEST TO PLACE A PRIVATE WATER SUPPLY WELL IN COUNTY
RIGHT-OF-WAY ALONG 13TH AVENUE - WAYNE ST. PIERRE
The Board reviewed the following memo dated 1/14/90:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., ,
Public Works Director I'
SUBJECT: Request from Wayne St. Pierre to Place a Private
Water Supply Well and Suction Line in 13th Avenue
County Right -of -Way South of 4th Street
REF. LETTER: Wayne St. Pierre to Indian River County
Commissioners dated 1-10-91
DATE: January 14, 1991 FILE: water.agn
DESCRIPTION AND CONDITIONS
Due to the existing locations of private water wells and septic
tanks surrounding Lot 2, Block B, Indian River Heights Subdivision,
Unit 6, Wayne St. Pierre is being denied a well and septic tank
permit from HRS since he cannot provide on his 73' x 115' lot, a
75' distance between his proposed well and neighboring septic
tanks. To achieve the 75' separation, Mr. St. Pierre is requesting
permission to place a water well in front of lot 1 (37' north of
his lot) in County Road right-of-way (13th Avenue). Mr. St. Pierre
had previously requested permission from his neighbor to place the
well on Lot 1 but his neighbor refused.- Once county water is
available along 13th Avenue, the well would be abandoned.
ALTERNATIVES AND ANALYSIS
The Alternatives are as follows:
Alternative No. 1
Deny the permit to place a private water well in county right-
of-way since this private well could create problems for
maintenance and construction within the right-of-way and a
liability exposure could occur, particularly if the lot and
house were sold to a new owner.
Alternative No. 2
Issue a license or permit to allow the well until county water
is available (approximately 11 years), at which time the
property owner would completely abandon the well and connect
to county water supply.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. No funding consideration apply.
20
Public Works Director Jim Davis explained that staff doesn't
want to set precedent in allowing these type of things in the
right-of-way because there could be repercussions in the event
the owner sold the house to another party and the new owner being
stuck with a well on public right-of-way and not on his property.
Commissioner Scurlock asked if it would make a difference if
the individual was willing to enter into a developer's agreement,
prepay their impact fees, and agree to a special assessment to
service the project with potable water. If they were willing to
agree to all those things and lock it in so that in 13 months
they would behooked into the system, he felt he would be more
receptive as a Commissioner.
Commissioner Bowman believed that would set a different
precedent, but perhaps a better one, and Commissioner Scurlock
agreed that it sets a bit of a precedent, but the ultimate is
that they are saying that they will hook up to the county line
when it is available.
Chairman Bird pointed out that this is not an isolated
situation as there are several, if not hundreds, of these small
lots in these subdivisions, especially the 50 -ft. lots in
Paradise Park, Oslo Park and Stevens Park. Many of those lots
have been deemed unbuildable for the last few years because the
Tots on both sides were developed in such a way. He felt
Director Davis's concern is that if we make this exception for
Mr. St. Pierre, what do we do when the others start coming in.
Many of these lots out there have a depressed value on the market
because they don't see the availability of putting in a water
supply. If this becomes available, it may domino on us.
Commissioner Bowman pointed out that this would make these
lots buildable and provide more lots for affordable housing.
Chairman Bird asked if this project is actually on the
drawing board now, and Bill McCain of Utilities explained that
this is part of phase one of our water expansion plan which
already has been approved by the Board. The County just recently
selected an engineering firm to do this design work, and he felt
the timetable that Director Davis has estimated is very realistic
for having water there.
Wayne St. Pierre, owner of the Lot 2, Block B, Indian River
Heights_Subdivision, explained his predicament. When Lot #3's
well, septic tank and drain field were approved by the Health
Department, it made his lot "lot -bound", because it left only 36
feet between their well and the existing septic tank behind them.
The law calls for 75 feet between septic tank and well. Environ-
mental Health has admitted that they did make a mistake in
JAN 22'199i
21
BOOK 82 FACE 481
JAS 22 1.99
BOCK 82 ME 452
.approving the placement of the well on that property too close to
the septic tank on the property behind, and agreed that by doing
so they did lot -bound his lot. Mr. St. Pierre stressed that if
his neighbor had put his well in the front yard, where it should
have gone, he would have been .able to build on his property.
Utilities Director Terry Pinto advised that Utilities would
be satisfied if we had a recorded agreement saying that he would
pay the current fees at the time the water becomes available and
that he would partake in his proportional share of the
assessments. However, that would put a cloud on the title to
his property. Mr. St. Pierre would have to understand that if
he were to sell his home, the new owners would have to agree to
sign the agreement.
Chairman Bird -hoped that if we agree to this we can'come up
with some kind of criteria for the Public Works Department to
follow in the future, because he felt there are going to be other
requests.
Commissioner Scurlock explained thatwhere he was coming
from is that it would have to be where water is available and
Utilities would have to sign off on it in a 24 -month period. He
didn't want to see it any longer than that.
Commissioner Wheeler felt the water assessment would have to
be mandatory because of the difficulty in developing the small
lots in that area, and Commissioner Scurlock emphasized that
would be decided by the County Commission.
Chairman Bird knew a mandatory water assessment wasn't going
to be overwhelmingly popular with those people who are happy with
their wells, but Commissioner Bowman emphasized that we have to
explain to them that they are in a very rapid percolation area
and septic tanks are "verboten".
Director Davis estimated that we are talking well over
$3,000 for the assessment, the impact fee, meter and hookup into
the house, which is more than what some of these people paid for
their lots in this area.
-Discussion ensued regarding the placement of wells and
septic tanks in either the front yard or back yard, and Commis-
sioner Scurlock suggested that perhaps this should be tabled
today to give staff an opportunity to review it and establish
some criteria that could be applicable to other people as well.
Administrator Chandler estimated that staff could come back
to the Board in 2-3 weeks at the outset with some general
guidelines in terms of whether provision of utilities is imminent
in -24 months.
22
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Eggert, that the Board deny the permit
to place a private water well in county right-of-way
today, but have Administrator Chandler come back to the
Board at an appropriate time with some general policy
in this area.
Under discussion, Attorney Vitunac advised that there are
several ways this could be handled and they will be discussing
that in the staff meeting.
Mr. St. Pierre stated that he would sign an affidavit saying
that he would take full responsibility to fix the well in the
event the County did any damage to the well in the right-of-way.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
FINAL ASSESSMENT - PAVING OF 61ST DRIVE - LOW'S SUBDIVISION
The Board reviewed the following memo dated 1/7/91:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E. (i
Public Works Director
Roger D. Cain, P.E. 4j
County Engineer
FROM: Michelje A. Gentile, .T.
Civil' Engineer
DATE: January 7, 1991
SUBJECT: 61st Drive Low's Subdivision
DESCRIPTION AND CONDITIONS
The paving of the above road has been completed. The final
assessment is as follows:
1) 61st Drive Prelim. Est.
$32,400.00 - 100%
$24,300.00 - 75%
(2079 Front Feet)
$11.69/F.F.
JAN 22 199i
23
Final Cost
$20,377.29 - 100%
$15,592.50 - 75%
(2079 Front Feet)
$ 7.50/F.F.
BOOK.
r ,
F'r. 14h1 �.
SAN. `2 I99t
BOOK 82 PGE ziCk3Z
The final assessment roll has been prepared and is ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due date and subsequent payments to be due
yearly from the.. due date at an interest rate of 12% established by
the Board of County Commissioners. The due date is 90 days after
the final determination of the special assessment.
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefitted owners is less than
the preliminary assessment roll, the only alternative presented is
to approve the final assessment roll.
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built
Resolution" for the paving of the above mentioned road be approved
by the Board of County Commissioners and that it be transferred to
the Office of the Clerk to the Board for recording in the
"Assessment Lien Book" and to the Tax Collectors office for
collection.
PM/
Admin.
Legal
Budget
Eng.
Dept.
Aisk Mgr.
Apprrved
Ja le
111111111111 •
IVPJAIIINff
EVENNEIM
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
staff's recommendation as set out in the above memo and
adopted Resolution 91-8, certifying "as -built" costs
for certain paving and drainage improvements to 61st
Drive (Low's Subdivision) designated as project No.
8408, and other construction necessitated by such
project; providing for formal completion date, and date
for payment without penalty and interest.
24
RESOLUTION NO. 91_8
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT"
COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
61ST DRIVE (LOW'S SUBDIVISION) DESIGNATED AS PROJECT NO.
8408, AND OTHER CONSTRUCTION NECESSITATED BY SUCH
PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE
FOR PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements for the property
located with boundaries as described in this title, designated as
Project No. 8408, where necessary to promote the public welfare of
the county; and
WHEREAS, on May 3, 1988, the Board held a public hearing
at which time and place and the owners of the property to be
assessed appeared before the Board to be heard as to the propriety
and advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 88-32, which confirmed the
special assessment cost of the project to the property specially
benefitted by the project in the amount listed in an attachment to
that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$7.50 per front•foot, which is less than $11.68 per front foot in
the Resolution No. 88* -32,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 88-32 is modified as follows: The
completion date for Project No. 8408 is declared to be January 22,
1991 and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage.of this
resolution.
2. Payments bearing interest at the rate of 12% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the due date and the second to be made
twenty-four (24) months from the due date. The due date is ninety
(90) days after the passage of this resolution.
25
JAN 22 1991
L
BOOK 8; FACE. 4CJ
JAR 2Z iW
BooK. O F'AFJE
3. The final assessment roll for the project listed in
Resolution No. 88-32 shall be shown on the attached Exhibit "A".
4. The assessments as shown on the attached Exhibit "A"
shall stand confirmed and remain legal, valid, and binding first
liens against the property against which such assessments are made
until paid.
5. The assessments shown on attached Exhibit "A" will
be recorded by the County on the public records of Indian River
County, and the lien shall constitute prima facie evidence of its
validity.
This resolution was moved for adoption by Commissioner
Scurl ck , and the motion was seconded by
Commissioner Eggert and, upon being put
to a vote, the vote was as follows:
Chairman Richard M. Bird Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 22 day of aaniiary
1991.
BOARD OF COUNTY COMMISSIONERS
OF INDI RIVER COUNTY, FLORIDA
By
RICHARD W. BIRD
Chairman
Attest:,
JEFFREY IR_ . BARTON-7--
-
ARTON -- Clerk
Attachment: Exhibit "A"
61dr.res 26
/94'/
Admin.
Legal
Budget
Eng.
Dept
Risk Mgr.
Appr 9ve d
Jate
PHASE III - INDIAN RIVER BOULEVARD - ADDITIONAL ENGINEERING
The Board reviewed the following memo dated 1/16/91:
TO: James E. Chandler, '
County Administrator
FROM: . James W. Davis, P.E.,
'Public Works Director
SUBJECT: Indian River Boulevard, Phase III
Additional Engineering Services to
Boyle Engineering Corporation
Consulting Agreement
DATE: January 16, 1991 FILE: boyle.agn
DESCRIPTION AND CONDITIONS
In finalizing the design plans and bid documents for Indian
River Boulevard, Phase III, additional engineering services
are required for the following items:
1) The original contract with Boyle Engineering commenced
on Sept. 23, 1986. The Florida Department Of
Transportation (FDOT) Standards used for the design
were a 1985 Edition, and since that time, two revisions
to the FDOT Standards have occurred.
Staff recommends updating the plans using the current
1990 Edition of FDOT Standards. These revisions are
proposed since the FDOT is contributing approximately
$750,000 to construct the project.
2) 'Various permitting agencies have revised the project in
their permit reviewing process.
3) In negotiating right-of-way purchases, minor access
changes have occurred along the Boulevard.
4) Recent FDOT studies have shown the previously proposed
hollow core pre -stressed concrete bridge slabs develop
minor cracking. As a result, the FDOT has recently
eliminated hollow core pre -stressed slabs and now uses
solid slab units. Both staff and the consultant
recommend revising the plans to incorporate' the solid
units.
The above changes should be accomplished as soon as possible
so that the project can be advertized for bid in February.
Staff has negotiated additional services at a compensation
not to exceed $20,000. An addendum to Boyle Engineering
Corporation's original engineering contract will be prepared
for future Board action.
ALTERNATIVES AND ANALYSIS
The following. alternatives are as follows:
Alternative No. 1
Authorize the above design changes at a cost. riot to
exceed.$20,000.
Alternative No. 2
Do not authorize design changes. This aliernaci:'-e is
not acceptable because.the current design does not meet
FDOT'Standards.
RECOMMENDATIONS AND FUNDING
Staff recommends authorizing the additional work and follow-
up with an addendum to the contract.
Funding to ,be from account 309 - North Indian River
Boulevard.
27
L JAN 22 1991
BOOK fAut ":
Fr -
JAN
22 f99y
ool< 82 or_,E
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
additional engineering for Phase III of Indian River
Boulevard in an amount not to exceed $20,000, as set
out in the above staff recommendation.
ADDENDUM TO THE CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED
RESOLUTIONS 91-9 AND 91-10 -- NORTH BEACHES WATER MAIN EXTENSION
ON AIA, NORTH OF JUNGLE TRAIL
The Board reviewed the following memo dated 1/4/91:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
JANUARY 14, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
WILLIAM F. a,-
CAPITAL P:„0"467070.
DEPARTMENT •'nJITY SERVICES
NORTH BEACHES WATER MAIN EXTENSION ON A1A
NORTH OF JUNGLE TRAIL
INDIAN RIVER COUNTY PROJECT NO. UW -89 -12 -DS
BACKGROUND
On February 27, 1990,
Commissioners approved
are now ready to begin
project.
•
ANALYSIS
the Indian River County Board of County
the aforementioned assessment project. We
the assessment process associated with this
Attached please find Resolutions 1 and 2 for the assessment'project.
The cost per square foot is 0.044188447 dollars, and the project
will serve the area on A1A, north of Jungle Trail and two smaller
subdivisions on 109th Place and 110th Place. The total cost to be
assessed is $235,847.00.
RECOMMENDATION
The Staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached resolutions and
set the assessment hearing date.
28
Utilities Director Terry Pinto advised that the assessment
may decrease slightly, because if the construction cost of the
project doesn't increase, we are going to take a second look at
the County's participation with regard to square footage on
County property that is available.
Commissioner Scurlock asked if we have any problem with the
state-owned property with regard to impact fees.
Director Pinto explained that the state wouldn't be allowed
to connect unless they pay the proper impact fees. The
state-owned property is on the very end of the project north of
the homes in the Golden Sands area that we must service, and if
the state doesn't connect, we haven't installed a lot of pipes
specifically for them.
JAN 2 2 199i
ON MOTION.by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-9, providing for North Beaches Water Main
extension, which is to be installed in AIA from the
intersection at the northern end of Jungle Trail to the
McLarty Museum; providing the total estimated cost;
method of payment of assessments, number of annual
installments, and legal description of areas
specifically served.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-10, setting February 26, 1991 as a
time for interested persons to appear before the County
Commissioners and be heard as to the propriety and
advisability of constructing a water main extension, as
to the cost thereof, as to the manner of payment
therefor, and as to the amount thereof to be specially
assessed against each property benefited thereby.
29
BOOK) f'%E.
JAN x`391
BOOK
RESOLUTION NO. 91-9
A RESOLUTION OF INDIAN RIVER COUNTY
PROVIDING FOR NORTH BEACHES WATER MAIN
EXTENSION, WHICH IS TO BE INSTALLED IN
A -1-A FROM THE INTERSECTION AT THE
NORTHERN END OF JUNGLE TRAIL TO THE
McLARTY MUSEUM; PROVIDING THE TOTAL
ESTIMATED COST; METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS, AND LEGAL DESCRIPTION OF AREAS
SPECIFICALLY SERVED.
PAGE
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described are necessary to promote the public welfare of
the county and has determined to defray the cost thereof by
special assessments against the properties specially bene-
fited thereby, which improvements are hereinafter referred
to as Project No. UW -89 -12 -DS,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a water main
extension shall be installed in A -I -A from the intersection
of the northern end of Jungle Trail to the McLarty Museum,
and the cost thereof shall be specially assessed in
accordance with the provisions of §11-42 through §11-47 of
the Code of Laws and Ordinances of Indian River County.
2. The total estimated cost of the above-described
improvements is shown to be $235,847 (or $0.05102158 per
square foot) to be paid by the property specially benefited
as shown on the assessment plat on file with the Department
of Utility Services.
3. A special assessment in the amount of $0.05102158
per square foot shall be assessed against each of the
_properties designated on the assessment plat. This assess-
ment may be raised or lowered by action of the Board of
County Commissioners after the public hearing required by
the referenced County code.
4. The special assessments shall be due and payable
and may be paid in full within 90 days after the date of the
resolution of the Board with respect to credits against the
special assessments after completion of the improvements
• (the "Credit Date") without interest.
30
RESOLUTION NO.
91-9
If not paid in full, the special assessments may be
paid in five equal yearly installments of principal plus
interest. If not paid when due, there shall be added a
penalty of 11% of the principal not paid when due. The
unpaid balance of the special assessments shall bear
interest at a rate of 12% from the Credit Date until paid.
5. There is presently on file with the Department of
Utility Services a plat showing the area to be assessed,
plans and specifications, and an estimate of the cost of the
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An. assessment roll with respect to the special
assessments shall promptly be prepared in connection with
the special assessments.
7. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time in the Vero
Beach Press Journal before the public hearing required by
§11-46.
The resolution was moved for adoption by
Scurlock , and the motion was seconded by
Eggert and, upon being put to a vote, the
follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr.Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
Commissioner
Commissioner
vote was as
The Chairman thereupon declared the resolution duly
passed and adopted this 22 day of January , 1991.
TeT,rey ' .carton, CTerR-
Q�j nn
JAN 22199
31
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Ri cT ra-N. BI ra
Chairman
•lrein Qyrr Go
Approved
Me
Admin.
Lege)
3udget
y . a
w
t8'.
l_./i-'f
liargal
Utilities
Rick Mgr.
von,
allill
l�
BOOK 8 °FADE 40
JA 22 19
BOOK 82 F'AGE 4U2
RESOLUTION NO. 91-10
A RESOLUTION OF INDIAN RIVER COUNTY
SETTING A TIME AND- PLACE AT WHICH THE
OWNERS OF PROPERTY ON A -I -A FROM THE
NORTHERN END OF JUNGLE-mg-m-17-7TE
McLART7--NUSEUNr Nb OTHER TNTERESTF6
PERSONS—TM—APPEAR BEFORE THE BOARD OF
COUNTY COMMISSIONERS AND BE HEARD AS TO
THE PROPRIETY AND ADVISABILITY OF
CONSTRUCTING A WATER MAIN EXTENSION, AS
TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT
THEREOF TO BE SPECIALLY ASSESSED AGAINST
EACH PROPERTY BENEFITED THEREBY.
WHEREAS., the Board of County Commissioners of Indian
River County has, by Resolution No. 91-9, determined that it
is necessary for the public welfare of the citizens of the
county, and particularly as to those living, working, and
owning property within the area described hereafter, that a
water main be installed in approximately 127 properties
hereinafter described; and
WHEREAS, it has been determined that the cost to be
specially assessed with respect thereto shall be
$0.05102158 per square foot; and
WHEREAS, the Board of County Commissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such water main
extension, as to the cost thereof, as to the manner .of
payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission shall meet at the County
Commission chambers in the County Administration Building at
the hour of 9:05 A.M. on Tuesday, February 26, 1991, at
which time the owners of the properties to be assessed and
32
Resolution No. 91-1
any other interested persons may appear before said-
Commission and be heard in regard thereto. The area to be
improved and the properties to be specially benefited by the
construction of such system are more particularly described
upon the assessment plat and the assessment roll with regard
to the special assessments.
2. All persons interested in the construction of said
system and the special assessments against the properties to
be specially benefited' may review the assessment plat,
showing the area to be assessed, the assessment roll, the
plans and specifications for said system, and an estimate of
the cost thereof at the Department of Utility Services any
week day from 8:30 A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of Utility Services by two
publications in the Press Journal Newspaper a week apart.
The Iast. publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
such time and place, which shall be served by mailing a copy
of such notice to each of such property owners at his last
known address.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner
Eggert and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird
Vice Chairman Gary..C. Wheeler
Commissioner Don C. Scurlock, Jr.
Commissioner Margaret.C. Bowman
Commissioner Carolyn K: Eggert
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly
passed -and adopted this 22 _ day of January 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
JAN 22 1991
By
33
l?kL110
i cfia ra fig i ra
Chairman
BOOK. 82 FAruE 3
JA4 22 1991
BOOK 82 PAGE 404c
82ND AVENUE SEWER - CHANGE ORDER NO. 3A - OWL & ASSOCIATES
The Board reviewed the following memo dated 1/7/91:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
JANUARY 7, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO-''
DIRECTOR OF UTILITY? ERVICES
WILLIAM F. MCC I
CAPITAL PROJEC N E
DEPARTMENT OF
I ERVICES
FINAL PAY REQUEST AND QUANTITY ADJUSTMENT
FOR 82ND AVENUE SEWER CHANGE ORDER NO. 3
WITH OWL AND ASSOCIATES
BACKGROUND
On August 7, 1990, the Indian River County Board of County
Commissioners approved Change Order No. 3 with Owl and Associates
for the installation of approximately 5,000 feet of sewer pipe on
82nd Avenue.
ANALYSIS
The construction of this sewer force main is complete; therefore, we
are requesting approval of a quantity adjustment for the
installation of an additional 616 linear feet of force main and
approval for the final pay request. The additional pipe that was
installed was provided by the County. It was not :included
originally, as we first thought it to be unacceptable. An
additional 616 linear feet of County -provided 12" pipe was
installed, along with 746 linear feet of additional seed and mulch.
The total price increase is $5,484.00, making the total cost
$56,571.00. (See attached Change Order 3A, and final pay request.)
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Change Order No.
3A and final pay request with Owl and Associates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
Change Order No. 3A and final pay request with Owl and
Associates, as recommended by staff.
CHANGE ORDER 3A IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
34
GENERAL DEVELOPMENT UTILITIES FRANCHISE ASSIGNMENT FROM CITY OF
SEBASTIAN
The Board reviewed the following memo dated 1/8/91:
TO: Board of County Commissioners
FROM:
DATE: January 8, 1991
RE: GENERAL DEVELOPMENT UTILITIES FRANCHISE
ASSIGNMENT FROM CITY OF SEBASTIAN
Charles P. Vitunac, County Attorney
For some time now the staffs of the County and and the City
have been negotiating how best to provide utility service to
the City of Sebastian. The consensus of the staff is that
of the only two major utility providers in the North County
area, i.e., Indian River County and General Development
Utilities, that it would be better for Indian River County
to undertake the total provision of water and sewer service
to the City of Sebastian as well as to the surrounding
unincorporated areas.
For the County to be the sole provider, it would be
necessary for the County to acquire General Development
Utilities' rights to engage in utility service in the City.
The County could do this by eminent domain action against
GDU directly or by acquiring the franchise rights of the
City to acquire the facilities of GDU by the methods
mentioned in the franchise. The City of Sebastian has
agreed to transfer whatever rights it has to acquire GDU
facilities to the County as long as the County agrees to
hold the City harmless from any litigation which might
result from the assignment.
The attached Assignment transfers all of the City's rights
to the County, and, if the County Commission enters into
this assignment, it would be the plan of the Department of
Utility Services to proceed to acquire GDU North County
facilities by the formula set out in Sebastian Ordinance No.
0-81-9, which is attached to the assignment.
Staff .recommends approval of the assignment and authority
for the.Chairman to sign it on behalf of the Board. Staff
further recommends approval for the Utilities Department to
proceed in the acquisition of the GDU North County -utility
facilities.
34a
JAI\ 22 1991
L1ooK 82 rAU. ' 5
JAN 22S91
BOOK 82S �.�I e
J
FAGS ��
Utilities Director Terry Pinto felt the important part of
this agreement is that it puts us in the position of being able
to request and obtain the specific information we need to analyze
whether it would be a reasonable purchase. Under the existing
situation, the utility has to respond only to the City of
Sebastian, and, therefore, won't give us the information we need.
Commissioner Scurlock understood that approval of this item
does not authorize any expenditure outside for any professional
services beyond what the Board has approved already, and Director
Pinto replied affirmatively.
Commissioner Scurlock explained that he was getting some
information from some other counties that their outside fees are
'running very high and that much of that is not needed. St.
Lucie's administrator feels that they could do a lot more
internally rather than just contracting all of it out.
Director Pinto advised that in this case we already have
selected and hired a firm to do the engineering analysis for the
north county, and when we attempted to do that analysis, the
'Utility barred us from having access to the site. This agreement
will allow us access.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Eggert, that the Board approve the
Assignment transferring all the City rights to the
County, and authorize the Chairman's signature; and
authorize the Utilities Department to proceed in the
acquisition of the GDU North County utility facilities,
as recommended by staff.
Considerable discussion ensued with regard to a question
raised by Mr. Steven Pitiak, resident of Park Place, Sebastian,
as to what type of appraisal process would be followed for the
acquisition.
Mr. Pitiak understood from the paper that one appraiser is
picked by the County, one by the developer, and the other by both
appraisers. He wished to know if this is a standard -procedure in
the county when acquiring these private utilities.
Attorney Vitunac explained that this was not written by the
County. This was written by the City of Sebastian many years ago
and is not County policy. The County is bound by this, and we
can get only the rights that are in this contract.
35
Mr. Pitiak asked Attorney Vitunac if, in his professional
opinion, this would be a proper way to assess the cost in
acquiring a private utility, but Attorney Vitunac stated that he
would let Director Pinto answer that question as he is the expert
in acquisition.
Director
Director Pinto believed that the failure of the document is
when they just say an appraiser. He felt that the review of the
utility by an engineering firm to see exactly what the assets are
is probably a better practice to follow. With regard to going
outside for professional services, those services can be done
in-house in many cases as Commissioner Scurlock has said. The
objection usually comes from whoever is selling the utility,
because they usually will want to go out and get their own
professionals to try to convince us that the facility is worth
more than we are willing to pay.
Commissioner Scurlock felt the ultimate answer that Mr.
Pitiak is looking fords that the County will make an assessment
as to what we feel the value
in the best interests of our
price is higher than what we
are not going to acquire it.
of that system is, and if it is not
county to acquire it, and if the
feel we should be paying for it, we
That is what happened with GDU in
the south county, where the analysis we had done showed that the
system wasn't worth what GDU felt it was worth. Therefore, we
backed away and we are building our own system.
Commissioner Scurlock felt that you will find that this
Commission, which ultimately makes the decision, isn't going to
pay more than what we feel is a fair value that is supported by
appraisals and engineering analyses. He noted that today's
action doesn't make any decision as to us actually acquiring the
utility._ It just.sets in motion us trying to exercise the
provisions of the franchise agreement that has been assigned to
us. The next step is to evaluate the facility, and if we cannot
come to something we feel is reasonable, then the Commission has
to make a decision.
Chairman Bird understood then that with the transfer of this
agreement to us, the County is bound to using three appraisers
in the purchase
that the County
is the way they
of this utility, and Director Pinto explained
is bound to it only if the utility insists that
want it done.
Commissioner Scurlock explained that if they agree to take
the purchase price we are offering based on our analyses, we are
off to the races. If they say no, that they are exercising their
provision not to agree to it, we can just walk away and say that
we are not acquiring.
36
JAN 22 1991
BOOK PAGE 4b
JAN ?2 199
BOOK 82 F.„G[
i8
Mr. Pitiak asked, in the event the County and the developer
are agreeable on the price, how the County proposes to pay for
this utility and where the funding would come from.
Director Pinto explained that before you can answer those
type of questions, you must establish the value and look at where
the funds would come from and how,it would be funded. It is
something where the County has several options, and without a
doubt, the money has to come from the utility system or those who
are benefiting from the utility system. It cannot come in any
way from the tax dollars of Indian River County.
THE CHAIRMAN CALLED FOR THE.QUESTION. The Motion
was voted on and carried unanimously.
Commissioner Scurlock noted that in the event the County
decides to acquire the GDU facility, the entire matter will be
subject to public hearings and Mr. Pitiak would be able to voice
his opinions on the matter at that time.
ASSIGNMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
UPDATE OF CODE - PROPOSED TITLE IV - CONTRACTOR AND BUILDING
REGULATIONS
The Board reviewed the following memo dated 1/9/91:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien
Assistant County Attorney
DATE: January 9, 1991
SUBJECT: PROPOSED TITLE IV - CONTRACTOR
AND BUILDING REGULATIONS
As part of the Commission's ongoing program to update all
regulations into a new code, Title IV, Contractor and
Building Regulations has been prepared. It consists of
Chapter 400 - Regulation of Contractors, Chapter 401 -
Building Codes, and Chapter 402 - Costal Construction Code.
Proposed Title IV is attached.
Permission to advertise these ordinances is hereby sought.
A public hearing on February 26, 1991 is recommended.
37
Commissioner Eggert didn't have any problem with the hearing
date, but would like this to be reviewed by our Professional
Services Advisory Committee beforehand. Attorney O'Brien
advised that there isn't any rush in this matter, and suggested
that it be sent to the Board of Adjustment and Appeals for their
review also.
ON MOTION by Commissioner Eggert, SECONDEDby
Commissioner Wheeler, the Board unanimously postponed
setting a hearing date until after it has gone through
the Professional Services Advisory Committee and the
Board of Zoning Adjustment.
SEXTON REQUEST TO SCHEDULE DATE AND TIME FOR SAVE OUR COAST
PRESENTATION
The Board reviewed the following letter dated 1/14/91:
Save Our Shores
P.O Bog 1208
Vero Beach, Florida 32961-1208
407-562-2301
14 January 1991
Dick Bird, Chairman
Board of County Commissioners
1840 nth Street
Veno Beach, Florida 32960
Dear Dick:
Save Our Shores requests that the Commissioners would allow a presentation to
be made at the regularly scheduled meeting on Tuesday, February 12, 1991,
11:30 A.M.
The topic is:
Economic and Fiscal Impact of Beach Restoration: The case
of Captiva.
By William B. Stronge, Professor of Economics, Florida Atlantic
University, Boca Raton, Florida
I heard his talk at the Florida Shore and Beach Preservation annual meeting in
September 1990 and I feel that the elected officials of the City of Vero Beach
and Indian River County need to know the positive aspects of beach restoration
on a community.
JAN 199t
38
EQOIC
FADE 490
JAW 22 ' 99'
BOOK 82 PAGE 500
If you will allow this presentation, Save Our Shores will bear the expense.
Hopefully, you will invite the Vero Beach City Council and Beach Advisory
Committee along with the County's Beach Committee.
Would you please inform me if you will allow the presentation so that we can
make the arrangements.
If you want me to invite the City Council and Beach Advisory Committee, I will
be happy to do it.
Sincerely,
VE OUR SHORES
RALPIf W. SEXTON
President
Member Florida Shore and Beach Preservation Association
Commissioner Scurlock felt that a presentation to other
committees would be more appropriate, and Commissioner Eggert
suggested the Economic Development Council and the City's Beach
and -Shore Committee.
Commissioner Scurlock didn't want to establish a precedent
whereby anybody can by-pass every committee and come right to the
Commission with their presentation.
Commissioner Wheeler felt the County's Beach Preservation &
Restoration Committee might be interested in seeing the
presentation, and would like to advise them of the date.
Commissioner Bird understood then that the Board's
recommendation would be that if Mr. Sexton wants to come over and
make the presentation, he should find a place to do it, perhaps
the 1st Floor Conference Room, set the time, invite the various
committees, agencies, County Commissioners and City Council
members, and just have an open public discussion on it.
Frank Zorc, 2044 DeLeon Avenue, submitted the following
letter for the record:
39
(FNKL. ZORC
(://".REAL ESTATE CENTER
January 21, 1991
HAND DELIVER
Dick Bird, Chairman - and
Board of Commissioners._
Indian River County
1840 25th. Street
Vero Beach, Florida 32960
2501 27th Avenue
Vero Beach, Florida 32960
Telephone: (407) 562-4646
(407) 567-3122
RE: Save Our Shores
(should be Save Our
Buildings)
Letter of 14, Jan. 1991
Dear Commissioners:
It should not me necessary to make the obaious observation.
that Mr..Ralph Sexton is un -folding just another of his
endless attempts to get his foot in the door for a Beach
Restoration (No doubt, by Sand Pumping) project to save a
few private ownedstructures on our ocean front from Mother
Natures course.
His request for a public hearing for a tax disctrict consider-
ationrwas just recently rejected by.you. This proposed
presentation is simply another form of public hearing to
raise his one sided opinions to foster his private cause as
he has for years now.
I have,no objection to giving anyone the privlege of making
useful, purposeful, timely, - presentations to our commission, -
EXCEPT when it involes such a immensly controversial issue
such as. this, whereas thousands of taxpayers have already
expressed their concerns in opposition to Mr. Sexton's motives.
Therefore in this instance, I would object, unless you agree
to equal.•.time for a presentation of the most significant
facts and professional opinions that will counter Mr. Sextons
and or give other views on the subject Mr. William Stronge
will present, no doubt, as a pro side of Sextons positions.
Therefore I request equal time, and also, IF you want me to
invite the City Council and Beach Advisory Committee, I also
will be happy to (even though it may require they be hog-tied
and bused to your chambers, to hear what they. have heard
numerous times already.)
It is incredible that the messages of the voters twice in the City
did not convince sand pumping proponents that the taxpayers want no
part of spending massive tax dollars to pump sand, and at the same
time harm ecology.
REALTOR
see page 2
"We will appreciate the opportunity to help you in any real estate need!"
Developer of "Citrus fowl Plaza" — Exclusive Agents for New Homes
Page 2
PERHAPS it is time for you Commissioners to give us the County wide
referendum we asked for many timesin years gone by. We could then
conclusively prove that the majority of City and County taxpayers
do not want their tax dollars spend on a temporary, costly, bandage
solution to Mother. -Natures normal process of our oceanfront that
may eventually do some damange to private structures. ETC. ETC. ETC.
I therefore request you consider such a referendum again. Please
furnish me with the criteria, I.E. number of names required on
petition for referencum, etc. I will consider initiating such a
move again.
I do have on file over 3000 County resident taxpayers who petitioned
before for a referendum before any tax dollars are spent on sand
pumping.
Your written response will be appreciated,
JAN 22 1991
1
40 BOOK 82 FACE 5(01
JAK 22 199
BOOK 82 F'AGE 502
In response to Mr. Zorc's suggestion for a county -wide
referendum on the matter, Commissioner Scurlock felt that Ralph
Sexton isn't going to take "no" from any referendum, no matter
where it comes from, the city or the county. He wanted to make
it clear, however, that the Commission would always hear a
request to put something. on the Agenda as long as the request was
properly submitted.
Mr. Zorc asked what the legal requirements would be for
having a county -wide referendum because they. would like to pursue
that direction, and Attorney Vitunac advised that it would have
-to be a straw ballot. There is nothing that binds the County to
have a referendum. It would be strictly a policy decision of the
Board whether to have a referendum, because unless you are a
charter county, you do not have that right.
Mr. Zorc understood then that they need t� make a formal
request to the Board on a future Agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously authorized
the Chairman to write a letter in reply to Mr. Sexton's
request, suggesting instead that the presentation
be in the form of a public meeting with him chosing the
place and time with invitations sent to the various
agencies, City Council and County Commission, and
informing him that the Board isn't interested in having
it come directly before us until that takes place.
Commissioner Eggert added that we could suggest to him that
it presented to the Economic Development Council, and
Commissioner Bowman commented that now the ball is in his court.
REQUEST FROM GIFFORD PROGRESSIVE CIVIC LEAGUE
Chairman Bird advised that the Gifford Progressive Civic
League is having a fund-raising carnival and are requesting
permission to use a portion of the Gifford Park. Initially, the
carnival was to have been held at the County Fairgrounds, but
they wish to scale the operation down and hold it in the
community to enable more people to attend.
Ralph Lundy, president of the Civic League, explained .that
the only change will be the date and location. Everything else
remains the same as far as the carnival is concerned. The Civic
41
League will comply with whatever the requirements are necessary
in holding a carnival on public property.
Administrator Chandler noted that staff will work out the
details with Mr. Lundy regarding fees, insurance, parking, etc.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board approved the Civic
League's request to use a portion of Gifford Park on
January 31 -February 3 for the purposes of holding a
fund-raising carnival.
Chairman Bird commended Mr. Lundy and the Civic League on
how well the Gifford Community Center is being maintained and
operated. The Center is a huge success, and everyone is to be
commended.
REPORT ON ECONOMIC OPPORTUNITIES COUNCIL
Commissioner Bowman advised that the Council has a full
board, but the County Commission is entitled to two members on
that Board. Ann Reuter is now serving from Commissioner Bird's
district and Henry Jefferson would come on from her district.
Chairman Bird didn't have a problem with appointing Ann
Reuter, but he didn't believe she resided in his district. In
addition, he had written a letter suggesting that Elder Brown
serve from his district.
Commissioner Bowman confirmed that Mrs. Reuter is in
Chairman Bird's district, and Commissioner Bird advised that he
would send a letter to Mr. Brown telling him the seat has been
filled.
The Board indicated their agreement tothe appointments of
Mrs. Reuter and Mr. Jefferson.
STAGGERED TERMS FOR MEMBERS OF TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD
The Board reviewed the following memo dated 1/17/91:
JAN 22 1991
42 BOOK U2 PAU 500
SAN 22 1
BOOK
82 FK,E504
5O4
TO: Board of County
Commissioners
FROM:
Margaret C. Bowman
Chairman
Transportation Disadvantaged Local Coordinating Board
DATE: January 17, 1991 FILE:
SUBJECT:
Staggered terms for
Transportation
Disadvantaged Local
Coordinating Board
Members
REFERENCES:
As the Designated Official Planning Agency (DOPA), the Board of
County Commission is requested to approve the following staggered
terms for the Transportation Disadvantaged Local Coordinating
Board members:
MEMBER
Margaret C. Bowman, Chairman
Kent Rice, FDOT
Phyllis Sidersky, HRS
Kathleen "Cookie" Geyer,
Public Education
Karen Johnson, Voc. Rehab.
Vince McCann, Veterans Service
Pearl Jackson, Economically
Disadvantaged
Jerry Ashcraft, Representative
for Elderly
Nancy Sczurek, Handicapped
Martha Daly, Citizen Advocate
Harry Hurst, Citizen Advocate
TERM EXPIRATION
January,
January,
January,
January,
January,
January,
1992
1993
1994
1992
1993
1994
January,. 1992
January, 1993
January, 1994
January, 1992
January; 1993
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staggered terms for the.. members of the TDLCB, as set
out in the above memo.
43
PROPOSED C.A.R.L. PROJECT NOMINATION FOR PROPERTY IN WESTERN
INDIAN RIVER COUNTY
The Board reviewed the following memo dated 1/21/91:
TO: James Chandler
County Administrator
Department Head Concurrence:
Robert Keating, ICP
Community Development Director
FROM: Roland DeBlois, AICP
Chief, Environmental Planning
DATE: January 21, 1991
SUBJECT: PROPOSED C.A.R.L. PROJECT
NOMINATION FOR PROPERTY IN
WESTERN INDIAN RIVER COUNTY
(PROP. REF. NO. U-9)
It is .requested that the following information be given formal
consideration by the Board of County Commissioners at their next
regular meeting of January 22, 1991.
DESCRIPTION AND CONDITIONS:
Presently, until the deadline of January 31, 1991, a "window"
opportunity exists for Indian River County to consider nominating
property within the county for Conservation and Recreational Lands
(CARL) Program listing and funding, for FY 1991-92.
In reviewing the approximately 30 sites presently under review by
the County Land Acquisition Advisory Committee (LAAC), county
planning staff have identified site No. U-9 (approximately 2,500
acres in western Indian River County) for CARL nomination
consideration.
At their meeting on January -.21, 1991, the Land Acquisition Advisory
Committee voted unanimously to recommend that the Board of County
Commissioners authorize staff to submit a CARL application for the
approximately 2,500 acre site by the January 3-1, 1991 submittal
deadline.
ALTERNATIVES AND ANALYSIS:
The referenced property (U-9) boundaries as proposed have been
refined based on ownership pattern as it overlaps with °natural
communities desired for protection. As such, the site consists of
three separate land owners.
Objective 6 of the Conservation Element of the County Comprehensive
Plan compliance agreement transmittal commits the County to the
protection of a minimum of 750 •acres of native upland plant
communities by 2010. Among other policies, Policy 6.14 of the
Conservation Element compliance agreement commits to the protection
of a minimum of 300 acres of pine flatwoods/dry prairie by 1993.
The site, if successfully protected in conservation via public
acquisition, would in effect satisfy the County's Comprehensive
Plan commitment to protect a minimum of 300 acres of pine
flatwoods/dry prairie, and would substantially contribute to the
conservation of other natural communities such - as xeric scrub, also
targeted for protection.
44
JAN 22 091
• BOOK 82 FAGS 505
JAN 22 1991
BOOK 82 PAGE 506
Staff have contacted Florida Game and Freshwater Fish Commission
(GFC) biologists for preliminary assessment. of the
biological/wildlife values of the site. GFC staff have indicated
that the site has substantial wildlife value and biodiversity, and
have expressed a willingness to continue working with county staff
to provide site specific evaluation. Moreover, the site is
proximate to the Fort Drum Marsh Conservation area, which is
presently tinder public ownership and managed for wildlife.
By nominating the site for CARL consideration, the opportunity for
state funding to contribute to county acquisition of the site is
enhanced.
RECOMMENDATION:
Staff recommends that, as supported by the County Land Acquisition
Advisory Committee, the Board of County Commissioners authorize
staff to submit a CARL application for the referenced site by the
January 31, 1991 submittal deadline.
ATTACHMENTS:
1. January 18, 1991 memorandum to LAAC from staff.
2. January 21, 1991 memorandum to LAAC summarizing community type
acreage estimates.
3. LAAC study checklist and map of the U-9 site proposed for CARL
nomination.
Commissioner Scurlock pointed out that this particular 2500
acre parcel located near Blue Cypress Lake and the Fort Drum
Marsh also would fulfill meeting our requirements under the new
Comp Plan for preserving areas of xeric scrub and flat pine land.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bowman, that the Board authorize the
submittal of a CARL application for the U-9 site by
the January 31, 1991 deadline.
Commissioner Bowman asked why the property at the east end
of Oslo Road is not being included in the nomination for the CARL
program, and Roland DeBlois, Chief of Environmental Planning,
explained that they are looking more favorably toward larger
parcels.
Commissioner Bowman stressed that they also are looking
favorably at acreage that networks, and the Oslo property takes
in the whole riverfront between Oslo Road and beyond 4th Street.
It has a tremendous sweep to it, and it certainly is much more
45
environmentally sensitive than this western piece of property.
She pointed out the fact that just because the St. Johns River
Water Management District is willing to come in on this doesn't
preclude receiving funds from CARL. She suggested that we put
the Oslo property on our list of nominations, perhaps with a
couple of more pieces and let them rank the parcels.
Commissioner Scurlock explained that while the Oslo property
should be on our list to C.A.R.L., it wasn't presented to the
Committee and the submittal deadline is January 31, 1991.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
Commissioner Bowman wished to have staff push very hard to
include the Oslo property in the submittal by the January 31,
1991 deadline, and Mr. DeBlois felt staff would be able to meet
the deadline.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized staff to make every effort to include
the Oslo property in the submittal by the
January 31, 1991.
SOUTH COUNTY FIRE AND SOLID WASTE DISPOSAL DISTRICTS-
The
ISTRICTS-
The Chairman announced that immediately upon adjournment,
the Board would reconvene sitting first as District Board of Fire
Commissioners of the South Indian River County Fire District and
following that meeting, sitting as the Commissioners of the Solid
Waste Disposal District.
Those Minutes are being prepared separately.
46
JAN 22 1991
EOOK Ot ['AGE 511 7
JAN 22 1991
BOOK 82 PAGED
There being no further business, on Motion duly made,
seconded and carried,. the Board adjourned at 10:33 o'clock A.M.
ATTEST:
Clerk Chairman
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