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HomeMy WebLinkAbout4/9/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, APRIL 9, 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, Jr. 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 APR 91991 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1) Addition of Proclamation honoring Vera Harriet Stevens' -100th birthday. 2) Deletion of Items 12 and 14-A,which are interrelated, at the request of Comm. Eggert who wishes to be here for 5. PROCLAMATION AND PRESENTATIONS those discussions., Adoption and Presentation of Second Quarter Safety Award (memorandum dated April 1, 1991) 6. APPROVAL OF MINUTES Regular Meeting of 3/12/91 7. CONSENT AGENDA A. Received and placed on file in the office of the Clerk to the Board: 1. Copy of Annual Financial Report of the St. Johns Water Control District for FY Ended 9/30/90. 2. Local Government Reports by Florida Inland Navi- gation District; and also Audit for FY 1989-90. 3. Fellsmere Water Control District - General Pur- pose Financial Statements - Sept. 30, 1990. 4. Report of Convictions, month of March, 1991. B. Occupational Licenses Taxes Collected during month of March, 1991 (memorandum dated April 2, 1991) BOOK 83 PAGE 45 APR 919 BOOK83 PAGE 7. CONSENT AGENDA (continued): C. Resignation of Robert McCollum from Economic Develop- ment Committee; Land Acquisition Committee; and Indian River County Transportation Planning Comm. Alternate) (letter dated March 29, 1991) D. Release of Easement Request by Timber Ridge, Inc. (memorandum dated March 19, 1991) E. Final Plat Approval for Seaview Subdivision (memorandum dated April 1, 1991) F. Release of Utility Liens (memorandum dated April 3, 1991) G. Request to schedule public hearing to adopt Ordinance RE: Procedures for the Purchase of Real Property (memorandum dated March 26, 1991) H. Request to schedule public hearing to adopt Ordinances and a Resolution related to Emergency Matters (memorandum dated March 26, 1991) I. Request to schedule public hearing Re: False Alarms (memorandum dated March 26, 1991) J. Request to schedule public hearing Re: Uniform Procedures for Treatment of Municipal Service Benefit Unit (memorandum dated March 26, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS Reimbursement to Leon County for Attorney Fees (memorandum dated March 28, 1991) 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 Amendment No. 1 to Work Order No. 2 for Final Design of Treasure Shores Park Phase I (memorandum dated March 28, 1991) H. UTILITIES 1. Petition for Water Service on Charlotte Ave. 62nd Drive (memorandum dated April 1, 1991) 2. Petition for Water Service in Anita Park Subdivision/38th Place - East off King's Highway (memorandum dated March 27, 1991) 3. Miraflores (33rd Ave.) Water Line Extension (memorandum dated March 28, 1991) 4. Developer's Agreement w/Vero Beach Kamp, Inc. Amendment No. 1 (memorandum dated April 2, 1991) 12. COUNTY ATTORNEY Request to schedule public hearing to adopt Supplementary Ordinance - (Rule dealing with Environmental Health - see Item 14(a) ) (memorandum dated March 26, 1991) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN ASR 9 1991 BOOK 83 PAGE 47 7 APR 9 199 BOOK 83 F'A�E 13. COMMISSIONERS ITEMS (continued): D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT None 14(a). ENVIRONMENTAL CONTROL HEARING BOARD Request to Schedule Public Hearing re: IRC Environmental Control Board Rule 1 (see memo dated March 26, 1991) 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, April 9, 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, April 9, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; and Margaret C. Bowman. Absent were Commissioner Carolyn K. Eggert and Don C. Scurlock, Jr., who were attending conferences in Tallahassee and Washington, D.C., respectively. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bird requested the addition to today's Agenda of a proclamation honoring Vera Harriet Stevens, on her 100th birthday. Attorney Vitunac announced that Items 12 and 14-A, which are interrelated, have been deleted at Commissioner Eggert's request as she would like to be here for those discussions. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) added and deleted the above items from today's Agenda. PROCLAMATION Chairman Bird announced that Commissioner Wheeler will be presenting the following proclamation to his aunt, Vera Harriet Stevens, at a party given this afternoon at Indian River Estates in honor of her 100th birthday: APR 9 1991 ih._ BOOK 83 EAU. 4C APR 9 1991 PROCLAMATION ROOK F'AGE 50 WHEREAS, April 9, 1991 will mark the birthday of VERA HARRIET STEVENS, born one hundred years ago; and WHEREAS, VERA HARRIET STEVENS was born on the Ridge Road in Horseheads, New York and moved to Vero Beach in 1982; and WHEREAS, VERA HARRIET STEVENS was a country school teacher; active in church activities; a skilled artist; accomplished pianist and a seamstress; and WHEREAS, it is deemed fitting for the Board of County Commissioners to recognize VERA HARRIET STEVENS' birthday and honor her on this one hundredth year of her life, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, this 9th day of April, 1991, that VERA HARRIET STEVENS is extended sincere wishes for a HAPPY 100th BIRTHDAY, and many happy returns. Dated: April 9, 1991 BOARD OF COUNTY COMMISSIONERS _deg Ael Richard N. Bird, Chairman e. fit/`�,e:l�f.�t.Z..._- Gary C,!/ Wheeler, Vice Chairman ADOPTION AND PRESENTATION OF SECOND QUARTER SAFETY AWARD Chairman Bird read aloud the following recount of the emergency call accident in which Jeff Raynor, Tony Peacock and Ron Nichols demonstrated commendable safety procedures: On February 11, 1991, Rescue 1 was responding to an emergency call to assist the EMS Division with a cardiac arrest. When entering the intersection of 12th Street and Old Dixie Highway, Rescue 1 was hit by a vehicle moving at a high rate of speed. The impact caused the rescue truck to roll-over on its side. The driver of the rescue truck, Firefighter Jeff Raynor did everything possible to keep the vehicle from turning over, by maneuvering it for 75 to 100 feet on it's left side before finally losing control. After impact while still in the rescue truck, Firefighter Raynor radioed dispatch to respond other units to the cardiac call and to send help to Rescue 1. Firefighter Tony Peacock and Vero Beach Volunteer Ron Nichols immediately climbed from the rescue truck to render aid to the occupant of the vehicle that hit them. Even though this was a bad accident with substantial damage to the Rescue truck and total damage to the vehicle that hit them, no serious injuries were incurred. This was most likely due to Jeff Raynor, Tony Peacock and Ron Nichols wearing their seat belts. Jeff Raynor received some lacerations to his shoulder from the broken glass and a sore neck. It is my recommendation that Jeff Raynor, Tony Peacock and Ron Nichols receive the Safety Award for following Indian River County safety policy, wearing seat belts when operating a county vehicle. Compliance of this policy surely prevented any serious injury and enabled them to render emergency medical care to the patient in the vehicle that hit them. This recommendation is respectfully submitted for the Safety Committee's review. Otis E. Humanes Fire Chief Olt Chairman Bird presented the Second Quarter Safety Award to South County firefighters Jeff Raynor, Tony Peacock and Ron Nichols for their outstanding safety performance. INDIAN RIVER COUNTY VERO BEACH, FLORIDA tau b b anag eoa Jeff Raynor b 6ae6„uoatr! tilts • 'afetg Awarb fa autm0lse abbe d ode yer(smua Second Quaver, 1991 ''?m1 r. � e.1YHge/ M .L..0 v�L9t'"'ICs1�7o1y'^.F11.; b w APR 9 1991 (1, INDIAN RIVER COUNTY VERO BEACH. FLORIDA . 0lb b bare!, awl Tony Peacock tatM panda fn Oufetg Awurb fa avetmBlq strata e.de pabtmab .Second Quarter, 1991 :INDIAN RIVER COUNTY" VERO BEACH, FLORIDA Ybb b b ar ay as Ron Nichola be long RetW+mt. Oafetg Award tot uststodies trate eats aft pefamoY Second Quaver, 1991 a .., . eitd w- .....-_•___.. `1\I - a++ b . ,5 1-0 'it t• .+,.�r� s v ►-. p. .� . f 7th t�.414:00470Z1;48 s s� m :� 3 BOOK 8; FA.GE 51 APR 9 1991 goo F'"r[ 52 APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 12, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved the Minutes of the Regular Meeting of 3/12/91, as written. CONSENT AGENDA A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Copy of Annual Financial Report of the St. Johns Water Control District for FY Ended 9/30/90. 2. Local Government Reports by Florida Inland Navigation District; and also Audit for FY 1989-90. 3. Fellsmere Water Control District - General Purpose Financial Statements - Sept. 30, 1990. 4. Report of Convictions, month of March, 1991. B. Occupational License Taxes Collected during month of March, 1991 The Board reviewed the following memo dated 4/2/91: • MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: April 2, 1991 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $4,812.88 was collected in occupational license taxes during the month of March, 1991, representing the issuance of 192 licenses. Vl_caw Gene E. Morris, Tax Collector 4 C. Resignation of Robert McCollum from Economic Development Committee, Land Acquisition Committee, and Transportation Planning Committee 4; APR 1991 The Board reviewed the following memo dated 3/29/91: N RECEIVED N BOARD COUNTY N rolviNSS10NERS 1cts1itsv. March 29, 1991 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 Chairman Richard Bird Indian River County Commission County Commission Office 1840 25th Street Vero Beach, FL 32960 Dear Chairman Bird: Due to the fact that I the City of Sebastian, Boards of Indian River DISTRIBUTION LIST Commissioners i Administrator Attorney Personnel Public Works Community Dev. Utilities _ Finance Other EDC chose not to qualify for re-election in I respectfully resign from the following County: Economic Development Council Land Acquisition Committee Indian River County Transportation Alternate Sincerely, Robert McCollum sam APR 9 1991 Planning Committee - ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) accepted the resignation of Robert McCollum from the three committees listed above. 5 BOOK 83 Fa E b3 r CCPR " 9 199 BooK 83 Pr,u 54 D. Release of Easement - Fox Ridge Subdivision, Lot 15 The Board reviewed the following memo dated 3/19/91: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: /til 0 „c Robert M. Keatin , AIC) Community Develo ment rector THROUGH: Roland DeBlois;TAICP Chief, Environmental Planning FROM: Charles W. Heath Code Enforcement Officer DATE: March 19, 1991 SUBJECT: Release of Easement Request by: Timber Ridge, Incorporated 700 Timber Ridge Trail Vero Beach, Florida 32962 Lot 15, Fox Ridge Subdivision, Plat Book 12, Page 50 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 09, 1991. DESCRIPTION AND CONDITIONS: The County has been petitioned by Timber Ridge, Incorporated, the owner of the subject property, for the release of a twenty (20) foot utility easement on Lot 15, Fox Ridge Subdivision, according to the plat thereof as recorded in Plat Book 12, Pages 50 and 50A of the Public Records of Indian River County. It is the petitioner's intention to construct a single-family residence on the subject property. ALTERNATIVES AND ANALYSIS: The request has been reviewed by the Indian River County Utilities Department, the Road & Bridge and Engineering Divisions, and the Indian River County Surveyor. Based upon recommendations from the Engineering Division and the Utilities Department, Timber Ridge has proceeded with the establishment of a new five (5) foot utilities easement on the northerly five (5) feet of Lot 15, which covers the location of an installed forced sewer main. With the establishment of the new five (5) foot easement, engineering and utilities staff have no objection to the release of the twenty (20) foot easement. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the twenty (20) foot utility easement of Lot 15, Fox Ridge Subdivision, according to the plat thereof as recorded in Plat Book 12, Pages 50 and 50A, of the Public Records of Indian River County, Florida. 6 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) adopted Resolution 91-42, abandoning a certain easement on Lot 15 in the Fox Ridge Subdivision. RESOLUTION NO. 91-42 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING A CERTAIN EASEMENT ON LOT 15 IN THE FOX RIDGE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 50 & 50A, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has an easement as described below, and WHEREAS, the retention of the easement serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Timber Ridge, Incorporated, whose mailing address is 700 Timber Ridge Trail, Vero Beach, Florida 32963, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: The twenty (20) foot utility easement of Lot 15, Fox Ridge Subdivision, according to the plat thereof as recorded in Plat Book 12, Pages 50 & 50A of the Public Records of Indian River County, Florida. 7 APR 919E EOOK 83 PACE APR 9I991 BOOK 83 FACE. THIS RESOLUTION was moved for adoption by Commissioner Wheeler Bowman , seconded by Commissioner and adopted on the 9 day of April , 1991, by the following vote: Commissioner Richard N. Bird Commissioner Gary C. Wheeler Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Aye Aye Absent Aye Absent The Chairman thereupon declared the resolution duly passed and adopted this 9 , day of April , 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By R N. Bird, Ch -firman Attest By f rey VK:Barton E. Final Plat Approval for Seaview Subdivision The Board reviewed the following memo dated 4/1/91: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: obey Kea inICP Community Dev loper94ht Director THROUGH: Stan Boling, ICP Planning Director FROM: Christopher D. Rison Staff Planner, DATE: April 1, 1991 Current Development SUBJECT: FINAL PLAT APPROVAL FOR SEAVIEW SUBDIVISION SD -90-10-19 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 9, 1991. 8 DESCRIPTION AND CONDITIONS: Seaview Subdivision is a proposed 24 lot residential subdivision located on the north barrier island, east of State Road A.1.A., directly east and southeast of the intersection of Jungle Trail and State Road A.1.A. The subject property is zoned RS -6, Single - Family Residential (up to 6 units per acre) and has a land use designation of L-1, Low Density Residential 1 (up to 3 units per acre). The proposed density for the project is 0.60 units per acre. On August 9, 1990, the Planning and Zoning Commission granted preliminary plat approval for the Seaview Subdivision, and a Land Development Permit for the project was subsequently issued. The developer, Vero Beach Oceanfront Limited Partnership, is now requesting final plat approval, and has submitted the following: 1) 2) A Certified Engineer's Required Improvements; 3) A Contract for Construction Improvements; and 4) A plat in conformance with the originally approved preliminary plat; Cost Estimate for Remaining for Remaining Required A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Contract for Construction. ANALYSIS Some of the required improvements have not been completed by the developer. To guarantee completion of the remaining improvements, the developer has submitted a Contract for Construction for Remaining Required Improvements and suitable security, approved by the County Attorney's Office, to guarantee the Contract for Construction. With these documents, the developer has complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Seaview Subdivision and authorize the chairman to sign the submitted Contract for Construction and accept the posted security. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) granted final plat approval for the Seaview Subdivision and authorized the Chairman to sign the submitted Contract for Construction and accept the posted security, as recommended by staff. COPY. OF CONSTRUCTION OF REQUIRED IMPROVEMENTS NOW ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD APR 9 1991 9 a001( 83 PAGE 57 APR 91991 F. Release of Utility Liens BOOK 83 FAH The Board reviewed the following memo dated 4/3/91: TO: Board of County Commissioners Li'Le�v FROM: DATE: April 3, 1991 RE: CONSENT AGENDA - B.C.C. MEETING 4/9/91 RELEASE OF UTILITY LIENS Lea R. Keller, CLA, County Attorney's Office I have prepared the following lien related documents and request that the Board authorize the Chairman to sign them: 1. Release of Water Special Assessment Lien from Map #H, STATE ROAD 60 PROJECT in the name of: TEMPLE BETH SHALOM OF VERO BEACH 2. Release of Special Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: KUSHNER 3. Release of Special Assessment Lien from INDIAN RIVER BOULEVARD SEWER FORCE MAIN in the name of: BELLUM INTERNATIONAL, INC. (McHugh) 4. Releases of Special Assessment Liens from SUMMERPLACE WATER PROJECT in the names of: REID MIKOS 5. Releases of Special Assessment Liens from NORTH COUNTY SEWER PROJECT in the names of: EDGAR SCHLITT TRUSTEE (2) U.S. #1 NORTH, INC. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved the release of utility liens as set out in the above staff recommendation. RELEASES OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 G. Scheduling of Public Hearing to Adopt Ordinance re Procedures for the Purchase of Real Property The Board reviewed the following memo dated 3/26/91: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: March 26, 1991 RE: ADDITIONAL PROCEDURES FOR THE PURCHASE OF REAL PROPERTY The attached proposed ordinance is self-explanatory. A public hearing of May 7, 1991 is suggested. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) scheduled a Public Hearing for May 7, 1991 to adopt ordinance re procedures for the purchase of real property. H. Scheduling of Public Hearing for Adoption of Ordinances and Resolution Related to Emergency Matters The Board reviewed the following memo dated 3/26/91: TO: Board of County Commissioners FROM: Terrence P. O'Brien -' Assistant County Attorney0VO DATE: March 26, 1991 RE: ORDINANCES AND A RESOLUTION RELATED TO EMERGENCY MATTERS The following items have been prepared for Commission consideration: 1. An ordinance establishing a new Chapter 304 - Life Support _______ Services APR 91991 11 ROOK 83 PA L 5C APR 9 1991 BOOK 83 EAU 6C 2. An ordinance providing for the activation of disaster emergency plans 3. An ordinance establishing authority to declare an emergency 4. A resolution policy It is suggested that a consider items 1, 2 and or public hearing, could establishing a disaster emergency personnel public hearing be held on May 7, 1991 to 3. Item 4, which does not require publication be considered on the same agenda. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) scheduled a Public Hearing for May 7, 1991 to consider adoption of ordinances and resolution related to emergency matters. I. Scheduling of Public Hearing to Consider Adoption of Ordinance Adding a New Chapter 301 - False Alarms The Board reviewed the following memo dated 3/26/91: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney, DATE: March 26, 1991 RE: FALSE ALARMS As part of the ongoing revision of the Indian River County Code Chapter 1 1/2 has been revised as Chapter 301. This is in effect an editorial change. A public hearing date of May 14, 1991 is suggested. 12 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) scheduled a Public Hearing for May 14, 1991 to consider adoption of an ordinance adding a new Chapter 301 - False Alarms - to the County Code. J. Scheduling of Public Hearing to Consider Adoption of Ordinance Providing for Uniform Procedures and Treatment of Municipal Service Benefit Units Providing Street Lighting The Board reviewed the following memo dated 3/26/91: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney 0 DATE: March 26, 1991 RE: UNIFORM PROCEDURES FOR TREATMENT OF MUNICIPAL SERVICE BENEFIT UNIT As part of the ongoing update and replacement of the Indian River County Code a new proposed "Chapter 200 - Municipal Service Benefit Unit" has been prepared. A public hearing date of May 7, 1991 is suggested. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) scheduled a Public Hearing for May 7, 1991 to consider adoption of Ordinance providing for Uniform Procedures and Treatment of Municipal Service Benefit Units Providing Street Lighting. 13 APR 91g91 BOOK 83 F'',GE Fr7 ApR g 1991 REIMBURSEMENT TO LEON COUNTY FOR ATTORNEY FEES BOOK 83 The Board reviewed the following memo dated 4/8/91: TO: Board of County Commissioners DATE: April 8, 1991 THRU: James E. Chandler County Administrator FROM: Randy Dowling REFERENCES: Asst. to Count Administrato FILE: SUBJECT: REIMBURSEMENT TO LEON COUNTY FOR ATTORNEY FEES CORRECTED MEMO BACKGROUND Leon County, Florida has been involved in litigation with the Florida Department of Revenue since 1984 regarding interest on gas tax revenue that was unlawfully held by the Department of Revenue and not reimbursed to the counties. Leon County finally won an award totaling $53,688,329.76 to be divided among each of the 67 counties. Indian River County's share totaled $417,111.91 which has been received. CURRENT Since Leon County has borne the cost of all attorney fees for the past seven years which amounts to over $70,000, Leon County is requesting that each county pay their fair share of the attorney fees based on the amount each county received. Indian River County's share of attorney fees thus far totals $544.03. RECOMMENDATION Staff recommends the Board approve this request and Budget Amendment #032. Funding would come from the Secondary Road Trust Fund Contingency. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved Budget Amendment #032, funding to come from the Secondary Road Trust Fund Contingency. 14 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 032 DATE: April 5, 1991 Entry Number 1. Funds/Department/Account Name EXPENSE Account Number ; Increase Decrease SECONDARY ROAD TRUST FUND Other Professional Services Reserve for Contingencies 109-214-541-033.19;$ 545.00 $ 0 109-199-581-099.911$ 0 $ 545.00 AMENDMENT NO. 1 TO WORK ORDER NO. 2 FOR FINAL DESIGN OF TREASURE SHORES PARK PHASE 1 The Board reviewed the following memo dated 3/28/91: TO: THROUGH: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E. Public Works Director Terry B. Thompson, P . E ., S PJ1 Capital Projects Manager yo sickivr Amendment No. 1 to Work Order No. 2 for Final Design of Treasure Shores Park Phase I March 28, 1991 FILE: amdltres.agn DESCRIPTION AND CONDITIONS Brad Smith Associates, Inc. is under contract with Indian River County to prepare construction drawings and specifications for Treasure Shores Park Phase I. Through the site plan approval process, it was determined that the proposed restroom building is located in a velocity zone and would have to be designed to meet Flood Emergency Management Agency (FEMA) requirements. The original project agreement requires that the Consultant reuse the Golden Sands Park restroom design. with modifications to fit the Treasure Shores Park Site Plan and any revisions requested by the County. 15 Lk\PR 9 1991 E OOK 83 FAGE APR 9 1991 boo„ 64 Due to the FEMA requirement to elevate the restroom structure on piles approximately five feet above the existing grade, the Golden Sands Park structure is inappropriate and expensive to build. In an effort to keep costs down and expedite the project, the architectural subconsultant, John Foster, has obtained approval from Martin County to reuse the design he prepared for the Stuart Beach Bathhouse. The compensation to the Consultant for modifying the Stuart Beach Bathhouse plan to meet FEMA requirements, fit the Treasure Shores Site Plan and meet the County's needs is $4,125. The total compensation for Work Order No. 2 is increased from $35,000 to a new total of $39,125. RECOMMENDATIONS AND FUNDING It is recommended that Amendment No. 1 to Work Order No. 2 be approved. Funding to be from Account 311-210-572-033.13. Commissioner Bowman asked how close this restroom facility would be to the dune, and Public Works Director Jim Davis estimated that it would be located about 100 ft. back from the back side of the primary dune, which is quite high in that area. Commissioner Wheeler asked if there is some way to get an exception. to the FEMA requirement for pilings, since this structure is merely a restroom facility and would not constitute a major Toss if a hurricane did wash out its foundation. He understood that the piling design would incur a greater cost to make the restrooms accessible to the handicapped. Director Davis advised that the total architectural change would amount to $4,125 and the additional cost of the building would be about $4,000-$5,000. Chairman Bird asked what would happen if we built the structure without pilings, and Director Davis explained that perhaps the County would not be in compliance with the Federal Flood Insurance Rate Program, and it might be that if we do not comply with these requirements, then people seeking insurance in Indian River County would have to pay higher premiums. 16 Director Davis advised that there is an appeal process for an exception to the FEMA requirements, but he felt that would be a lengthy process. Commissioner Wheeler was sick and tired of bureaucrats telling us what to do when it really doesn't make good sense to spend another $10,000 to build restrooms on pilings when the structure is going to be located 100 feet behind the dune. Chairman Bird felt we should go ahead and approve this today because of the timeframe of this particular project, but have staff look into the appeal process for future park buildings that might be required to be built on pilings. He wanted staff to explore the appeal process well in advance before we concede this point again. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved Amendment No. 1 to Work Order No. 2, as recommended by staff, and authorized staff to look into the appeal process for FEMA requirements for future buildings in the County's oceanfront parks that might be required to be built on pilings. AMENDMENT NO. 1 TO WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 17 APR 9191 BOOK 83 PAGE 85 r APR 9 199t BOOK 83 PGE GC PETITION FOR WATER SERVICE ON CHARLOTTE AVENUE - 62ND DRIVE The Board reviewed the following memo dated 4/1/91: DATE:. TO: FROM: STAFFED AND PREPARED BY: APRIL 1, 1991 JAMES E. CHANDLER COUNTY ADMINISTRAT TERRANCE G. PINT DIRECTOR OF UTIL JAMES D. CHASTAIN-- MANAGER OF ASSE SM PROJECTS DEPARTMENT OF UTILITY SERVICES CES SUBJECT: PETITION FOR WATER SERVICE ON CHARLOTTE AVENUE - 62ND DRIVE BACKGROUND: A petition has been received for a water main extension for Charlotte Drive to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above project. ANALYSIS: The property owners signing the petition represent 61.5% of the lots to be served. The 8 signatures of the 10 residences represent 80% of residential owners to be served. This project is ultimately to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Design services will be provided by the Department of Utility Services staff. RECOMMENDATION: The staff of the Department of Utility Service recommends approval of the above -listed project. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved the above -listed petition project, as recommended by staff. 18 PETITION FOR WATER SERVICE IN ANITA PARK SUBDIVISION - 38TH PLACE The Board reviewed the following memo dated 3/27/91: DATE: TO: FROM: MARCH 27, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRECTOR OF UTI]t ' SERVICES PREPARED JAMES D. CHASTAI ` ' AND STAFFED MANAGER OF ASSE �ROJECTS BY: DEPARTMENT OF UT ITY SERVICES SUBJECT: PETITION FOR WATER SERVICE IN ANITA PARK SUBDIVISION/38TH PLACE - EAST OFF KINGS HIGHWAY BACKGROUND A petition has been received for a water main extension for 38th Place to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to- begin design of the above project. ANALYSIS The property owners signing the petition represent 67% of the property to be served. This -project is ultimately to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Design services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends of the above -listed project. ON MOTION by Commiss Commissioner Bowman, Commissioners Eggert approved the above -I ioner Wheeler, SECONDED by the Board unanimously (3-0, and Scurlock being absent) isted petition project, as recommended by staff. APR 9 1991 19 approval BOOK 83 F,\uE 67 APR 9 1991 BOOK. 83 [AE �E 'MIRAFLORES (33RD AVENUE) WATERLINE EXTENSION The Board reviewed the following memo dated 3/28/91: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: MARCH 28, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE DI• TOR . PINTO; ERVICES H. D. ID = ' d • , P.E. ENVIRO ENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES MIRAFLORES (33RD AVENUE) WATER LINE EXTENSION IRC PROJECT NO. UW -90 -21 -DS BACKGROUND The subject project was approved by the Board of County Commissioners on October 16, 1990, for in-house design. Plans and specifications have been completed, and the DER permit application has been submitted. ANALYSIS This is a petition project and construction will be paid for through assessment of benefitted property owners. The project consists of installing about 1,100 linear feet of 6" and 4" water line by connecting to an existing water main on 5th Street, SW. Resolutions I and II, which contain the preliminary assessment roll and which further set a public hearing date are attached. Preliminary Assessment costs amount to $1,492.92 per acre, or about 3.5 cents per square foot of property owned. RECOMMENDATION The staff of the Department of Utility Services recommends approval of Resolutions I and II. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) adopted Resolution 91-43, providing for installation of a waterline extension in Miraflores (33rd Avenue). ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) adopted Resolution 91-44, scheduling a Public Hearing for 9:05 A.M. on Tuesday, May 7, 1991, for property owners in Miraflores to be heard in regard to the installation of the waterline extension. 20 RESOLUTION NO. 91- 43 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR INSTALLATION OF A WATERLINE EXTENSION IN MIRAFLORES (33 AVENUE); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a waterline extension of the County located in Miraflores (33 Avenue), hereinafter referred to as Project No. UW -90 -21 -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 waterline extension shall be installed in Miraflores (33 Avenue), and the cost thereof shall be specially assessed in accordance with the provisions of Sections 11-41 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 $24,036 ($1,492.92 per acre or approximately $.0343 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 $1,492.92 per acre shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the 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. 21 RPR 9191 ROOK 83 PAGE BOOK 83 PA U 70 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 1-1/2% 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 Utility 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 Section 11-46. The resolution was moved for adoption by Commissioner Wheel er , and the motion was seconded by Commissioner Bowman 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 Absent Aye Absent The Chairman thereupon declared the resolution duly passed and adopted this 9 day of April , 1991. • BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Jeffrey K Barton Clerk _ . Q 22 Richard N. Bird Chairman Indian Riva Co Approved Date Admin Legal Budget Minerdli Dept. naliffini Risk Mgr. -- - RESOLUTION NO. 91- 44 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN MIRAFLORES (33 AVENUE) AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATERLINE 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. 91-43., 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 waterline be installed in approximately 16 properties hereinafter described; and WHEREAS, it has been determined that the cost to be specially assessed •. with respect thereto shall be $1,492.92 per acre (or approximately $.0343 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 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, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, May 7, 1991, at which time the owners of the properties to be assessed and 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 are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 23 APR 9 1991 BOOK 8 3F„;E 71 r � APR 9 3991 BOOK FAL 1 K, RESOLUTION NO. 91- 44 2. All persons interested in the construction of said improvements 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 improvements, and an estimate of the cost thereof at the office of 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 two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Utility Services 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 Wheel er , and the motion was seconded by Commissioner Bowman 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. Absent Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 9 day of April Jeffrey K. Bar :at Cle, k , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attachment: ASSESSMENT ROLL Richard N. Bird Chairman IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 ,Indian Riva Ca APeroved Date Legal Legal Budget s� Dept. Risk Mgr. • DEVELOPER'S AGREEMENT WITH VERO BEACH KAMP, INC. - AMENDMENT #1 The Board reviewed the following memo dated 4/2/91: DATE: TO: FROM: APRIL 2, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES PREPARED WILLIAM F. McCAIN AND STAFFED CAPITAL PROJECTS ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: DEVELOPER'S AGREEMENT WITH VERO BEACH KAMP, INC. AMENDMENT NO. 1 BACKGROUND On November 13, 1990, a Developer's Agreement between Indian River County and Vero Beach Kamp, Inc., was approved by the Board of County Commissioners (see attached agreement). Due to modifications made during construction, we now want to increase the compensation to the Developer. ANALYSIS The original amount of reimbursement was $12,010.00 (see attached agreement). The modification to the agreement is for an additional $3,400.00, making the total reimbursement $15,410.00. Funds for this reimbursement will come from the Impact Fee Fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve payment of the additional reimbursement in the amount of $3,400.00. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously (3-0, Commissioners Eggert and Scurlock being absent) approved payment of an additional reimbursement in the amount of $3,400 to Vero Beach Kamp, Inc., as recommended by staff. AMENDMENT NO.- 1 TO DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 APR 9 1991 P,OOK 83 PAGE .1 e.9- APR 9 999 BOOK 83 PAGE 142 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:18 o'clock A.M. ATTEST: Clerk Chairman 26 MEMORANDUM - MINUTES OF SPECIAL SESSION OF THE BOARD OF COUNTY COMMISSIONERS HELD MONDAY, APRIL 15,1991 to consider the LIABILITY CLAIM: PETERSON V. INDIAN RIVER COUNTY AND LUVINE ROSS HAVE BEEN FILED UNDER DATE OF AUGUST 18, 1998 (CASE WAS SETTLED MAY 11, 1992/RECORDS HAD BEEN UNDER CONFIDENTIAL SEAL) APR 15 1991 74 7