HomeMy WebLinkAbout9/10/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, SEPTEMBER 10, 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
3. PLEDGE OF ALLEGIANCE - Comm. Gary C. Wheeler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Administrator Chandler's request to add
Item 11, G, 3, Clarification of Base Facility Charge.
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular meeting of 8/13/91
B. Regular meeting of 8/20/91
7. CONSENT AGENDA
A. Proclamation to Honor the Allen Chapel A.M.E.
Church, Celebrating 75 Years of Service
B. I.R.C. Health Unit Application & Certificate for Payment
(memorandum dated August 29, 1991)
C. Transportation Disadvantaged Commission FY 91/92
Planning Grant Application
(memorandum dated August 23, 1991)
D. Budget Amendment 046
(memorandum dated September 4, 1991)
SEP 10 1991
Poor 8F*'Jr
SEP 10 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
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
BOOK.
,, .y d
1. Approval of FY -92 Hazardous Materials
Emergency Planning Agreement
(memorandum dated August 28, 1991)
2. Approval of Interlocal Agreement for Use
of St_. Lucie County Air Ambulance
(Helicopter) by I.R.C. Advanced Life
Support
(memorandum dated August 28, 1991)
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Ind. Riv. Blvd. III, Change Order No. 2
(memorandum dated September 3, 1991)
2. Request from Developer Henry Fischer for Cash
Reimbursement for Construction of an Eastbound
Right Turn Lane Along CR512 to Serve the
Chesser's Gap Development/Fleming Street Extension
(memorandum dated September 3, 1991)
3. Request for Extension of Walker's Glen Land
Development Permit No. 082
(memorandum dated September 4, 1991)
INN
11. DEPARTMENTAL MATTERS (continued) :
G. PUBLIC WORKS (continued):
4. Ind. Riv. Blvd. Phase III - Right -of -Way
Parcel #109 - Offer of Settlement
(memorandum dated August 29, 1991
H. UTILITIES
1. Petition for Water Service in Glendale Terrace
S/D (24th Ave. - North off 8th St. to 10th St.)
(memorandum _dated August 28, 1991)
2. Recycling 8 Tire Grant Application Signature
(memorandum dated August 29, 1991)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN GARY C. WHEELER
C. COMMISSIONER MARGARET C. BOWMAN
Appointment to Transportation Disadvantaged Local
Coordinating Board
(memorandum dated September 3, 1991)
D. COMMISSIONER CAROLYN K. EGGERT
HRS Restructuring Report
(backup separate)
E. COMMISSIONER DON C. SCURLOCK, JR.
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
SEP 10 1991
BOOK 84 fA;
SEP 1:O 199'
BOOK 8
14. SPECIAL DISTRICTS (continued):
C. SOLID WASTE DISPOSAL DISTRICT
1. Approval of minutes - August 6, 1991 meeting
2. Approval of minutes - August 13, 1991 meeting
3. Award Bid 4191-110 / Landfill Truck Scales
(memorandum dated September 3, 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.
PAGE
Tuesday, September 10, 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, September 10,
1991, at 9:00 o'clock A. M. Present were Richard N. Bird,
Chairman; Gary C. Wheeler, Vice Chairman; Carolyn K. Eggert,
Margaret C. Bowman and Don C. Scurlock, Jr. Also present was James
E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
Gary C. Wheeler, Vice Chairman, led the Pledge of Allegiance
to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Administrator Chandler requested the addition of Item
11, G, 3, regarding clarification of the Base Facility charge
impact fee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously added
the above item to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of August 13, 1991. There
were none.
SEP 10 199
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of August 13,
1991 as written.
BOOK
Pr -
SEP 10 1991
BOOK`~�° '-1/4 rAGE i1/
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of August 20, 1991. There
were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of August 20,
1991 as written.
CONSENT AGENDA
Chairman Bird requested the removal of Item A from the Consent
Agenda.
A. Proclamation to Honor the Allen Chapel A.M.E. Church,
Celebrating 75 Years of Service
Chairman Bird reported that it was his pleasure to represent
the Commission in attending the service Sunday, September 8, at the
Allen Chapel A.M.E. Church in Wabasso. The church was celebrating
its 75th birthday. General Eugene Cromartie (Ret.), who attended
that church as a youth and was graduated from Gifford High School
in 1953 and later became a major general in the Army, was a guest
speaker. Chairman Bird said it was a wonderful experience to hear
this man speak and General Cromartie is a credit to our County and
certainly to that area up in Wabasso. The following proclamation
was presented and they said they would hang it in the vestibule of
the church.
2
'P ROC.LAMATION
WHEREAS;. •.the Allen Chavel A.H.S. Church,..locatpd,
In,Wabasso,', Florida,: is celebrating 75 years of serviceto
God.; in ,Indian ,River' County: and
• WHEREAS . a service will- be .held, -'`Sunday,.
September 8,:1991' t Ilz00 o'clock A.M.: and'
WHEREAS, ,' ,General Eugene Cromartie (ret.) j'of ' 'Fort ,;•
Washington, Maryland will be the guest speaker and honored '
guest:'•? and
WHEREAS, General Cromartie attended. Allen • Chapel
Church:as a.youth ; and is a product . of 'Indian River`; County'
School.System graduating from Gifford High School in •1953:
and
NOW, THEREFORE,•BE IT PROCLAIMED BY THE BOARD .OF
:COUNTY.COMMISSIONERS OF INDIAN• RIVER COUNTY. FLORIDA,!'that•
the ALLEN CHAPEL A.M.E. CHURCH, who'tiave contributed to the
spiritual well-being and 'wholesome lives: of our bitizens,•
will.celebrate'75,.years•of service on September 8, 1991.
BE IT•.FURTHER PROCLAIMED that the Board thanks and.
congratulates General Eugene Cromartie. for his outstanding,
service••and contributions -to our county and our country.
ADOPTED this 3rd..day of September, 1991.,.
3
REP 0 1991
BOARD OF COUNTY COMMISSIONERS
INDIAN. RIVER COUNTY,' FLORIDA'
R c and N.. B rd,
Chairman
NOOK F; Gr `, %_
SEP 1 0 V - V1 BVOK. 64 F,GE
B. I.R.C. Health Unit Application & Certificate for Payment
The Board reviewed memo from General Services Director Sonny
Dean dated August 29, 1991:
DATE: AUGUST 29, 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRE
DEPARTMENT OF GENERAL SERVIC
SUBJECT: INDIAN RIVER COUNTY HEALTH UNIT
APPLICATION AND CERTIFICATE FOR PAYMENT
BACKGROUND:
The subject project has been completed except for a few items that
still need attention. Miorelli Engineering, Inc., the contractor
made a request for final payment, except for a change order which the
price has not yet been resolved. Staff felt some retainage should be
held to assure completion of the project as per contract.
RECOMMENDATIONS:
Staff recommends Board approval of the attached payment request as
approved by the architect and our construction manager, for
$137,245.00 which will leave a retainage of $10,000.00.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the final payment of $137,245 to Miorelli
Engineering, Inc., leaving a retainage of $10,000,
as recommended by staff.
C. Transportation Disadvantaged Commission FY 91/92 Planning Grant
Application
The Board reviewed memo from Long -Range Senior Planner Cheri
Fitzgerald dated August 23, 1991:
4
TO: James Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
•
obert M. Keat ng, CP
Community Developm t Director
THRU: Sasan Rohani
Chief, Long -Range Planning
FROM: Cheri Boudreaux Fitzgeral
Senior Planner, Long -Range Planning
DATE: August 23, 1991
RE: TRANSPORTATION DISADVANTAGED COMMISSION FY 91/92
PLANNING GRANT APPLICATION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of September 10, 1991.
DESCRIPTIONS & CONDITIONS
In June of 1990, the Bdard of County Commissioners was approved by
the state to become the local Designated Official Planning Agency
(DOPA) for the provision of transportation disadvantaged planning
activities in the area.
On August 14, 1990, the Board of County Commissioners officially
appointed eleven members to the Transportation Disadvantaged Local
Coordinating Board.
For fiscal year 1991/1992, the state has allocated $14,685 to
Indian River County for transportation disadvantaged planning
related services. The grant funds are for the specific purpose of
accomplishing the duties and responsibilities of the Designated
Official Planning Agency (DOPA) as identified in the Transportation
Disadvantaged law, Chapter 427, F.S. and Rule 41-2 FAC.
The DOPA is required to apply for the Planning Grant (copy
attached) and provide a match of 25% of the total. The required
match is $4,895.00; at least 1/2 of the match must be in cash,
while the other 1/2 may be in-kind services. Funding for the cash
portion of the match has been included in the County Planning
Department's FY 91/92 budget.
On August 15, 1991, the Transportation Disadvantaged Local
Coordinating Board discussed and recommended approval of the FY
91/92 Planning Grant application with modifications.
ALTERNATIVES & ANALYSIS
The purpose of the grant application is to obtain reimbursement of
money to fund the planning related costs involved with fulfilling
the county's duties and responsibilities associated with the state
mandated transportation disadvantaged program. The grant monies
are needed to provide monetary support to the county for the
continued provision of planning related services in conjunction
with the local transportation disadvantaged program.
Failure to apply for the grant will result in a lack of funding
from the state for planning related services which are mandated by
the transportation disadvantaged program.
5
SEP 1a 1991
BOOK
SEP i O 199
BOOK 84 FADE'
The Board has two major alternatives. One is to apply for the
grant funds and provide the match requirement as indicated. The
other alternative is to not apply for the grant funds, an action
which would make the county ineligible for reimbursement of monies
expended for planning related services.
RECOMMENDATION
The staff recommends that the Board of County Commissioners approve
the transmittal of the FY 91-92 Planning Grant application to the
state.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the transmittal of the Transportation Disadvantaged
Commission FY 91-92 Planning Grant application to
the State, as recommended by staff and authorized the
Chairman to execute the accompanying Resolution # 91-104A.
SAID GRANT APPLICATION IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
D. Budget Amendment 046
The Board reviewed memo from OMB Director Joseph Baird dated
September 4, 1991:
TO: Members of the Board
of County Commissioners
DATE: September 4, 1991
SUBJECT: BUDGET AMENDMENT 046
CONSENT AGENDA
FROM: Joseph A. Baird q)
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. Sufficient money was available in the Route 60 Water Assessment
Fund to pay-off the entire principal remaining on the bonds. The
attached entry increases the principal line item to reflect the
payment.
2. Indian River County Housing Authority was anticipated receiving
a grant in the amount of $14,521 and now it seems they will not
receive it. A transfer from the General Fund will be needed for
them to complete the year.
3. North County Sewer project was not completed until the
beginning of this fiscal year. The attached entry appropriates the
funding. •
6
4. The Gifford Streetlighting fund needs money due to slow
collections and having less than anticipated cash balances at the
beginning of the year. The attached entry transfers money from
the General Fund.
5. The Single Streetlight District budget needs to be increased.
There is sufficient money within the Single Streetlight fund for
this to be accomplished.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
the following budget amendment, as recommended by
staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director 1��
SUBJECT: BUDGET AMENDMENT
NUMBER: 046
DATE: September 4. 1991
Entry
Number
FunaslDen rtE+entIAccount Name
Account Number
Increase
Decrease
REVENUE
1.
Rt. 60.Water Assessment/
Cash Forward
209-000-389-040.00
9 269.944
$ Q
•
EXPENSE
Rt. 60 Water Assessment/
Principal
209-117-513-077.11
$ 269.944
9 0
2. JEXPENB,F .
General Fund
Reserve for Contingency
001-199-581-09991
9 0
$ 14 521
Fund Transfer Out
001-199-581-099.21 $ 14.521
$ • 0
REVENUE •
IRC Housing Authority
Fund Transfer In
107-000-38}-020.00 9 14.521
9 0
Culture Recreation
107-000-334-079.00!$ 0
9 14.521
3.
REVENUE
N. Cty. Sewer Construction
Cash Forward
335-000-389-040.00
S 360.000
9 0
Interest Investments
335-000-361-010.00
$ 35.000
S 0
-
EXPENSE
N. Cty. Sewer Construction
Construction in Progress
335-218-536-066.51
9 394.000
$ 0
Furniture and Eauipment
335-218-536-066.41
$ 1.000
$ 0
4P
4.
REVENRE
Gifford Streetlighting
Fund Transfer In
181-000-381-020.00
9 6.000
S 0
Cash Forward •
181-000-389-040.00
$ 0
$ 6 000
EXPENSE'
General Fund
Reserve for Continaencv
001-199-581-099.91
9 0
$ 6.000
Fund Transfer Out
001-199-581-099.21 $ 6.000 $ 0
5.
REVENUE
Single Streetlighting
Cash Forward
187-000-389-040.00 $ 2.0001:!$ 0
EXPENSE f • •
Single Streetlighting
Electric
187-280-541-034.31 $ 2.000
9_ 0
Icplanation:
ee attached agenda item dated September 4, 1991.
7
SFP I_O 1991
iy
Budget Amendment: _,046
Page ___L_ of 1
BOOK 84 FAL. b
SEP 10 1991
BOOK F'AGE s'3
APPROVAL OF FY -92 HAZARDOUS MATERIALS EMERGENCY PLANNING AGREEMENT
The Board reviewed memo from Emergency Services Director dated
August 28, 1991:
TO: James Chandler, Administrator
Indian River Coun
THROUGH: Douglas Wright', Director
Department of Emergency Services
FROM: Nathan McCollum, Emergency Services
DATE: August 28, 1991
SUBJECT: Approval Of FY -92 Hazardous Materials Emergency
Planning Agreement
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
On October 17, 1986, the Superfund Amendments and Reauthorization
Act (SARA) was enacted into law. Title III of the SARA legislation
established requirements for federal, state and local governments
as well as industry regarding emergency planning and reporting on
hazardous/toxic chemicals. Subsequently, Indian River County
developed a Hazardous Materials Emergency Plan which was endorsed
by the Department of - Community Affairs and then approved as
Resolution 91/89 by the Board of County Commissioners.
Recognizing the threat that hazardous materials pose to both the
population and the environment, the State Legislature has extended
grant funds to update Indian River County's Hazardous Materials
Emergency Plan. The Department of Community Affairs, Division of
Emergency Management, is authorized to appropriate funds for Indian
River County in the amount of $12,292.00 for maintenance of
existing sites and inclusion of facilities that have not reported-
previously. This is a fixed fee, performance-based contract, with
payment contingent upon a schedule of deliverables.
The State of Florida requires all fire suppression agencies to
maintain hazardous material incidents records, inspection records,
etc., for a period of not less than five years. If any type of
medical service is rendered during an event, the records must be
maintained for a period of not less than seven years. In order to
maintain these records properly, the need for electronic file
storage is necessary. Records of all inspections, site analysis,
plume exposures, chemical storage history, etc, will be stored on
computer disk for future reference. Staff requests approval to
purchase the following electronic storage equipment with funds
provided by this agreement:
(1) Panasonic LF5010 Worm Drive With
Cartrage & Interface Kit $3,548.00
(1) Panasonic LF5010 Page Scanner With
OCR Software & Interface Kit
(10) Hours of Installation
Total Cost
8
$1,773.00
$ 650.00
• $5,971.00
The five year plan approved by the Board of County Commissioners
addresses the need for a hazardous materials vehicle. Along with
this vehicle will be the personnel to operate the equipment., We
will need to provide adequate communications for the hazardous
materials team in order to assure communications to Chem -Trek,
National Response Center, State Warning Point, etc., in the event
of a hazardous materials response. Staff requests approval to
purchase the 10 telephones at $185.00 each with funds provided by
the State. The total expenditure will be $1850.00.
Certain computer equipment is needed to dedicate to the Hazardous
Materials Plan. It is important that all computers be compatible.
At this time, we have a combination of MacIntosh and IBM compatible
providing and storing hazardous material information. Staff
requests approval to purchase the following necessary IBM
compatible computer equipment with the funds provided by the State:
ITEM AMOUNT EXTENDED
(1) File Server 386/25 4MB Ram,
Amber Monitor, 16 Bit Arcnet
(4) 386sx Workstation
1.33 Floppy Drive 1 Meg Ram
VGA Color Monitor, 16 Bit Arcnet
2 Workstation Printers
(1) 8 Port Active Hub
(1) 9600 Baud Modem
(2) Arcnet Cards For
Existing Stations
(5) Hours Installation/Training
Total Cost
$2,300.00 $2,300.00
$1,563.00
$390.00
$565.00
$200.00
$65.00
$6,252.00
$390.00
$565.00
$400.00
$325.00
$10,232.00
In an effort to reduce the costof the computer equipment listed
above, we will be relinquishing and trading our present MacIntosh
computer equipment'to Computer Media Services. The credits we will
receive will be applied to the cost of the updated equipment.
Staff asserts the trade-in value is comparable or in excess of that
which could be obtained from other vendors. The equipment to be
traded is as follows:
(4) Mac SE
2.5 Meg Ram, 20 Meg Hard Drive
(1) Mac SE 30
4 Meg, 90 Meg Hard Drive
(2) Image Writer LQ
(1) Ext. 1200 Baud Modem
Macintosh Software & Miscellaneous Cabling Items
Total Credits
Net Cost of New Computer System
$5,761.00'
$4,471.00
All equipment will be purchased totally with funds obtained from
the Hazardous Material Grant. No funds are to be contributed from
Indian River County.
9
v ';f)199
g� ryry/r yOK L)
Li cDL
SEP 1.0 199
RECOMMENDATION:
BOOK • 84 FACE .2 5
Staff recommends approval of the FY -92 Hazardous Material Emergency
Planning Agreement and requests the Board of County Commissioners
authorize the Chairman to execute the appropriate documents to
secure the funding of $12,292.00 as proposed.
Staff also recommends that the Board approve expenditure of the
funds from the Agreement with the necessary budget amendments to
make available the equipment identified earlier in this agenda
item.
Finally, staff requests the Board to waive bidding procedures and
approve purchase of the listed computer and record keeping
equipment from Computer Media Services, Vero Beach, Florida. In
order for the new equipment to conform to existing Emergency
Services equipment, it .is imperative that the hardware and software
be compatible with and interface with existing network, Quicksilver
File Server, etc. The provider of computer services for Emergency
Services is Computer Media Services.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the FY -92 Hazardous Material Emergency
Planning Agreement and authorized the Chairman to
execute the documents to secure the funding of
$12,292.00; approved expenditure of the funds from
the Agreement to make available the equipment listed
above; and waived bidding procedures and approved
the purchase of computer and record-keeping
equipment from Computer Media Services, as
recommended by staff.
SAID AGREEMENT IS ON FILE IN THE.OFFICE OF
CLERK TO THE BOARD
APPROVAL OF INTERLOCAL AGREEMENT FOR USE OF ST. LUCIE COUNTY AIR
AMBULANCE (HELICOPTER) BY I.R.C. ADVANCED LIFE SUPPORT
The Board reviewed memo from Emergency Services Director Doug
Wright dated August 28, 1991:
10
TO: Board of County Commissioners
TSRU: James Chandler
County A 'mist ator
FROM: Doug Wright, Director
Emergency Services
DATE: August 28, 1991
SUBJECT: Approval of Interlocal Agreement for Use
of St. Lucie County Air Ambulance (Helicopter)
by Indian River County Advanced Life Support
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
Staff has been meeting with St. Lucie County Sheriff's Department
officials in formalizing an Interlocal Agreement for the cooperative
use of their Bell Long Ranger helicopter. The agreement has been
finalized and is before the Board for consideration.
The helicopter has been certified as an air ambulance by the Florida
Department of Health and Rehabilitative Services and is currently
being used in the EMS program in St. Lucie County. St. Lucie County
Sheriff Robert Knowles has offered to provide its services to Indian
River County without charge in situations where immediate trauma care
and rapid transportation to a medical facility is necessary.
ALTERNATIVES AND ANALYSIS
This agreement provides for the availability ofrapid transport of
trauma patients from rural areas of Indian River County. It will be
especially helpful for multiple casuality incidents that occur in the
Turnpike area where vehicle accidents occur frequently and usually
involve more than one vehicle and multiple patients.
Staff also has a concern that given the condition of State Road 60
west of Vero Beach and continuing detoriation of the condition bf
this roadway, incidents will increase in this very rural area. The
helicopter availability for EMS patients will be invaluable in these
type situations and will decrease the transport time required for
trauma patients to a medical facility enhancing our life saving
efforts.
RECOMMENDATION
Staff recommends -approval of the Interlocal Agreement and requests
the Board authorize the Chairman to execute the necessary documents.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler to approve the Interlocal
Agreement and authorize the Chairman to execute the
necessary documents, as recommended by staff.
Commissioner Bowman wondered what we will be required to do
for what seems to be quite a service.
Emergency Services Director Wright said we will be good
neighbors. He stated that this is a deal we could not pass up, at
it
SEP 10 1991
EtooK 84
-.SEP 10 1991
BOOK 84 PAGE , 6"
no expense to the County. This will be especially beneficial for
victims out on I-95 or on the Turnpike.
County Administrator Jim Chandler explained that there is no
liability in terms of insurance so it is rather unique and a total
benefit.
Director Wright also pointed out that Sheriff Knowles has
already executed the agreement.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
INDIAN RIVER BOULEVARD PHASE III, CHANGE ORDER NO. 2
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated September 3, 1991:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E•T<T5r
Capital Projects Manager
SUBJECT: Indian River Boulevard III,
Change Order No. 2
DATE: September 3, 1991 FILE: irbco2.agn
DESCRIPTION AND CONDITIONS
The residents of Vista Harbor Condominium have requested
that the proposed noise barrier wall on their west property
line be extended an additional 10 feet. This additional
length will provide coverage for the south corner of the
building located just north of the entrance drive. Staff
feels that this is a reasonable request.
The Contractor for Indian River Boulevard, Sheltra & Son
Construction Co.', has encountered cap rock while digging a
ditch that will run along the west side of the Boulevard
right-of-way. Soil borings were taken during the design of
this project by two different geotechnical firms. There was
no indication of rock in any of the soil borings and a unit
price for rock removal was not included in the bid proposal.
Sheltra & Son has quoted the County a price of $5/sy to
remove the cap rock which varies from 1' to 2' or more in
thickness. There are 3067 square yards of cap rock that
must be removed which results° in an increase of $15,335.
Based on the current market, staff feels that a unit price
of $5/sy is reasonable.
12
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternate No. 1
Authorize Change Order No. 2 in the amount of
$16,688.20. This would result in a revised contract
amount of $2,728,307.55.
Alternate No. 2
Deny authorization of the Change Order and
re -negotiate.
RECOMMENDATIONS AND FUNDING
Staff recommends that Change Order No. 2 be approved.
Funding is from Account 309-214-541-066.51.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 2 for Indian River Boulevard Phase
III, as recommended by staff.
SAID DOCUMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD •
REOUEST FROM DEVELOPER HENRY FISCHER FOR CASH REIMBURSEMENT FOR
CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ALONG CR512 TO SERVE
THE CHESSER'S GAP DEVELOPMENT/FLEMING STREET EXTENSION
Public Works Director James Davis made the following
presentation:
13
SEP 10 1991
PQGK84
''
SEP '0 199
BOOK 84 PAG[
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.Er,
Public Works Directdr`7
SUBJECT: Request from Developez� Henry Fischer for Cash
Reimbursement for Construction of an Eastbound
Right Turn Lane along CR512 to Serve the Chesser's
Gap Development/Fleming Street Extension
REF.LETTERS: 1) James Davis to Dan Eckis, City of
Sebastian City Engineer, dated
Aug. 26, 1991
2) Henry A. Fischer to Jim Davis dated
Aug 21, 1991
DATE: September 3, 1991 FILE: fischer.agn
DESCRIPTION AND CONDITIONS
Developer Henry Fischer is constructing a 55 acre Commercial
Planned Unit Development (PUD) located at the Chesser's Gap
property within the City of .Sebastian on the south side of
CR512 at Fleming/Vocelle Street. In 1990, the City of
Sebastian requested that the County add the easterly
extension of Fleming Street/Vocelle Street through the
Chesser's Gap property and east to US1 to the County's
20 -year Capital Road Improvement Program. This added road
would connect US 1 to CR512 and serve as a secondary
collector roadway. The County performed a study of the road
system as a part of the CR512 corridor widening study (Keith
and Schnars Study) and concurred with the need for Vocelle
Street/Fleming Street extension. The CR512 Study also
recommended the CR512 Twin Pairs Project, which has recently
been rejected by the City of Sebastian.
At the present time, the City of Sebastian is negotiating a
contract with Kimley-Horn and Associates to perform a new
thoroughfare plan for the City of Sebastian. The Study is
scheduled to be complete within six months. The County is
also considering the City of Sebastian's request for a new'
study to determine alternative methods to widen CR512 one
mile east of the Chesser's Gap property where the Twin Pairs
alignment has been rejected by the City of Sebastian. The
above mentioned two new studies may or may not recommend
that Vocelle Street/Fleming Street be extended east between
CR512 and US 1.
The County's current 20 year Capital Road Improvement
Program does not include the Vocelle Street/Fleming Street
extension, however, on April 11, 1990, the Transportation
Planning Committee recommended that the project be added to
the 20 -year Plan. Since that time, staff has been
developing a revised 20 -year Capital Road Improvement
Program. In the revised program, staff has programmed
$180,000 in the second five year period (year 1996-2000) for
right-of-way acquisition.
Mr. Fischer is currently requesting reimbursement of $34,956
for construction of an eastbound right turn lane along CR512
at the Chesser's Gap entrance road (Vocelle Street/Fleming
Street extension). This turn lane will only serve the
Chesser's Gap project until extensive right-of-way
acquisition and construction of the road is complete to US
1. The current County Road Capital Improvement Program
contains a project to widen CR512 to four lanes.
14
ALTERNATIVES AND ANALYSIS
In reviewing this request, staff is of the opinion that the
Chesser's Gap PUD will consume a large portion of the CR512.
turn lane's capacity as well as the capacity of Vocelle
Street/Fleming Street Extension once constructed. In
addition, the turn lane and related work has been
constructed on a 27' wide portion of needed additional CR512
right-of-way which fronts on the Chesser's Gap project. Mr.
Fischer is requesting $8.50/S.F. for this additional
right-of-way ($159,212) along CR512. Staff has not
concluded the right-of-way purchase discussions. Staff did
review the construction drawings of the turn lane prior to
construction and issued a right-of-way construction permit.
The following procedures are usually followed:
1) Staff reviews plans for construction of the project
including right-of-way needs.
2) Right-of-way purchase is approved by the Board and
traffic impact fee credits or cash payment is made.
3) Construction estimates for road widening is approved
and staff recommends to the Board of County
Commissioners that traffic impact fee credits or cash
reimbursement be made based upon approved 20 -year plan.
4) Construction commences.
At this time, the right-of-way compensation along CR512 is
not resolved.
The alternatives presented are as follows:
Alternatives No.1
Continue to negotiate the compensation for the 27' of
additional right-of-way along CR512 where the turn lane
and drainage structures have been installed. Once
right-of-way acquisition is complete, staff would
review the CR512 project budget, the additional CR512
widening project study, and the City of Sebastian's
Traffic Study to determine whether compensation is
recommended. I.f the future extension of Vocelle
Street/Fleming Street is not included in the City of
Sebastian's study, then the turn lane would be purely
site related and no credits nor compensation would be
recommended. A traffic study is recommended to
determine what percentage of the roadway's capacity is
site related (consumed by the Chesser's Gap development
trip generation/attraction) and what percentage of the
capacity is not site related since a left turn lane is
not provided. Marginal access roads throughout the
development and an isolated left -turn lane may be
required.
Alternative No. 2
Approve Mr. Fischer's request and reimburse the
developer $34,956 for the right -turn lane at CR512 and
Fleming Street/Vocelle Street Extension prior to
right-of-way acquisition in the areas where the turn
lane is constructed. Funding would be from Fund
101-153-541-066.12 (District 3 Traffic Impact Fees).
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended whereby the right-of-way
acquisition along CR512 would first be complete prior to
payment for construction. Also, future studies may not show
the need for Vocelle Street/Fleming Street Extension. In
the interim, the turn lane and construction of Vocelle
Street/Fleming Street would be considered an internal site
related roadway serving the Chesser's Gap development only.
15
SOD 10 199
g1(lc
E'OOK C)' i PAGE. ���U
Pr -
SEP 10 1991
BOOK 84 F,1EE £IJI
Mr. Davis distributed copies of the following letter to each
Commissioner:
Sebastian General Partnership, B.P.T.
P. 0. Box 780068 • Sebastian, Florida 32978-0068 • 589-8088
September 5, 1991
Mr. Jim Davis, P.E.
Indian River County
1840 25th Street
Aero Beach, Florida 32960
Dear Jim:*
• We are in receipt of your July 13, 1991 letter wherein
you propose a figure of.$46,827 for the .43 acre parcel to
be applied as am impact fee/credit. Both my Tuttle-Armfield
appraisal and Sebastian Appraisers appraisal come in considerably
higher than this figure. Both appraisals are $90,000 more
than this figure.
In an effort to settle this issue, Sebastian General
Portnershin, B.F.T. is willing to sell to the County the
right-of-way for $60,000. We are willing to release the
right-of-way for this amount provided the deal is consummated
within thirty (30) days. After thirty days, the amount will
have to be re -negotiated.
Sincerely,
/cam
Henry . Fischer,
General Partner
Mr. Davis stated that while Dr. Fischer has agreed to sell the
27 feet of right-of-way for $60,000, staff felt it was worth more
like $43,000.
Mr. Davis added that since there was no platting in this area
the County does not have the County right-of-way. Dr. Fischer has
had some appraisals done of the Chesser's Gap property. The
appraisals that have been performed, however, are not the classical
type of appraisal for right-of-way acquisition where the parent
tract is valued and after the right of way taking is accomplished,
the remainder is valued and you subtract the remaining value from
the parent tract value to get the value of the right-of-way. That
type of appraisal has not been performed.
Public Works Director Davis felt until this corridor is
completely acquired and the roadway connects to U.S. 1, that turn
lane will only serve Chesser's Gap development, which is going to
be a major development. It is a Planned Unit Development in the
City of Sebastian which the City of Sebastian has approved. A
traffic impact study which Mr. Davis had reviewed indicated that
16
with the major grocery store, a bank, quite a bit of commercial
land use and some industrial use, the development itself will
consume much of the capacity of this new roadway, particularly west
of the canal that borders the Sebastian Highlands subdivision; that
turn lane will certainly serve that development as well as the 512
corridor once it is implemented.
Mr. Davis stated he expects very shortly a request from Dr.
Fischer for an impact fee credit of about $200,000 to compensate
him for building this section of the roadway.
Commissioner Scurlock enumerated several other sizable
developments where major roads were constructed by the developer to
access his property and asked why we are considering spending funds
for right-of-way acquisition when the benefits would be to the
developer. He understood that to be consistent with our comp plan
and so on, they would have to make a number of these road
improvements to access their property in any event.
Mr. Davis agreed and stated the roadway is serving a dual
purpose. Primarily it will certainly serve the abutting land use.
It will be required that accesses will connect onto this road and
Mr. Davis was concerned whether there is a management plan to
control the access to the road. He feared with the number of lots
being platted along the road we may have a proliferation of
driveways accessing the road. In addition, there has been no
provision for a left turn lane to get to the left turn movement out
of the through lane.
Commissioner Eggert asked if that would be controlled by City
of Sebastian and Mr. Davis said it would. He said he did
communicate his concern to the City of Sebastian that a left turn
lane should be constructed along the roadway since it is a
commercial line.
Commissioner Eggert asked how long it might be before Fleming
Road would be elongated if Chesser's Gap were not there. Mr. Davis
said staff has projected in the second ten-year frame of our
twenty-year plan $180,000 for some right-of-way acquisition. So,
depending on how this property begins to come in for development,
that extension is, perhaps, ten years away.
Discussion ensued regarding the design of the Fleming Street
Extension and Mr. Davis answered questions regarding size of the
development, number of trips on 512 with and without the
development, and the planned thoroughfare from U.S. 1 on 512.
Chairman Bird pointed out the main issue is the right-of-way
acquisition for the right -turn lane, and Dr. Fischer's
counterproposal.
Mr. Davis agreed and stressed we should not pay him for the
17
SEP 10 1994
POOK O F -•nuc �•J
SEP 10 1991
BOOK 84
h?UC 440,
roadwork until we own the right-of-way where the road is being
placed.
Discussion ensued regarding the percentage of road use which
is site -related and Mr. Davis felt it is 80% site -related use so
the County should fund 20%.
Commissioner Eggert asked what portion of the 27 -foot right-
of-way is encumbered by the turn lane. Mr. Davis estimated 60% of
that 27 feet will be encumbered by the turn lane.
Chairman Bird felt if the County has policy, it should be
followed. Commissioner Wheeler pointed out staff's recommendation
is to continue to negotiate, and Commissioner Eggert felt if the
use is 80% site -related, there is no need for negotiation.
Commissioner Scurlock preferred to have information about the
negotiations in writing, along with Dr. Fischer's counterproposal
in writing; then he would be able to make a decision.
Chairman Bird recognized Dr. Fischer's representatives who had
arrived during the discussion.
Attorney Warren Dill, representing Dr. Fischer and accompanied
by Carl Fischer, came before the Board and stated he understood
that the only issue before the Board was the payment for the
eastbound deceleration lane, or eastbound right turn lane.
Public Works Director Davis agreed.
Attorney Dill stated that turn lane certainly is an important
issue and there are two other issues that go along, and it may be
necessary to defer this discussion to a later date because of the
two other issues. One involves the Fleming Street extension which
is clearly on the City of Sebastian's comprehensive plan. It is a
traffic circulation element, is classified as a minor collector
street, and that street was put in by Dr. Fischer the entire length
of the project at this time at the request of the City and will be
dedicated to the City for their thoroughfare network. So, Dr.
Fischer fully expects to be able to receive an impact fee credit
for some of the construction costs on that road. Another issue is
the 27 -foot right-of-way which was discussed. Mr. Dill understood
that right-of-way was set aside at the request of the County and
that project has, in essence, been designed around the idea of
setting that 27 feet aside and it is to be purchased by the County
at this time. And the third issue involves the payment for the
deceleration lane.
Commissioner Eggert asked if the deceleration lane is part of
the 27 feet.
Mr. Dill understood, from his discussions with Randy Mosby,
that the percentage of the 27 -foot strip of land is not as much as
the Commissioners had stated.
18
Commissioner Eggert explained the 80%-20% referred to how much
is site -related and how much is not site related. The 60% they
were talking about was how much of the 27 -foot right-of-way is
involved with the right turn lane.
Attorney Dill stated that the engineer's drawings from Kimball
Lloyd and Associates shows the deceleration lane as part of the
intersection improvements which are necessary, particularly if
Fleming extension is going to be a collector street. With a
traffic light at that location, there is a need for a right -turn
lane that serves that street. But those are the three issues and
he thought it is important for the County to be consistent on these
matters. Mr. Dill stated this project is within the City of
Sebastian and Dr. Fischer has worked very closely with the City of
Sebastian on this project and Mr. Dill understood, at least from
the staff of the City of Sebastian, that Dr. Fischer is entitled to
impact fee credit on Fleming Street and adjustments for the turn
lane. He thought it is important that the County and the City of
Sebastian are able to work together on issues like this.
Commissioner Scurlock echoed Chairman Bird's point that it is
important that our policy be uniformly applied throughout the
County. He was sure we have criteria for establishing credits and
he would like to see the criteria and be able to discuss the matter
more intelligently.
Mr. Dill felt that was a reasonable solution, because they
thought the problem had been resolved on May 15 but, apparently,
there was some misunderstanding.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously deferred
action to allow 30 days for Mr. Davis and Mr. Dill
to discuss the issues and bring it back before the
Board for a decision.
REOUEST FOR EXTENSION OF WALKER'S dLEN LAND DEVELOPMENT PERMIT NO.
082
The Board reviewed memo from Public Works Director James Davis
dated September 4, 1991:
19
SEP 0 199
;� F'
BOOK
A��r.
0 19
BOOK bit FAuE ,3 i
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E
Public Works Direct
SUBJECT: Request for Extension of Walker's Glen Land
Development Permit No. 082
REF.LETTER: Harlan L. Peterson to James Davis dated
Aug. 20, 1991
DATE: September 4, 1991 FILE: walkldp.agn
DESCRIPTION AND CONDITIONS _
The Phase 1 Walker's Glen residential project is complete.
The Land Development Permit for the entire project (Phase 1
and Phase 2) expired Feb. 17, 1991. The developer is
requesting a 15 month time extension on the permit so that
Phase 2 can be completed. If approved, the permit would be
extended to May 17, 1992.
ALTERNATIVES AND ANALYSIS
The alternatives include:
Alternative No. 1
Approve the 15 month time extension. If this action is
taken, the applicant would not have to redesign the
entire Phase 2 project to meet stricter drainage
requirements which require additional stormwater
retention/detention. The water and sewer system is
connected to the City of Vero Beach and the City has no
objection..
Alternative No. 2
Deny the request. The project may have to be
redesigned under the new Land Development Regulation.
RECOMMENDATIONS AND FUNDING
Staff recommends extending the Land Development Permit to
May 17, 1992.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously extended
Walker's Glen Land Development Permit No. 082 to May
17, 1992.
INDIAN RIVER BOULEVARD PHASE III - RIGHT-OF-WAY PARCEL #109 - OFFER
OF SETTLEMENT
Public Works Director James Davis made the following
presentation with the aid of an aerial map:
20
TO:
County Administrator
James E. Chandler,
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT:
Parcel. #109 - Offer of
Indian River Boulevard
Phase III - Right -of -Way
Settlement
DATE: August 29, 1991 FILE: irb-109.agn
DESCRIPTION AND CONDITIONS
On March 20, 1990, the Board of County Commissioners
approved eminent domain acquisition of Parcel 109 (Vero
Medical Center - Dr. Ames, Trustee). The parcel is
approximately two acres in size and is appraised at $25,000.
The parent tract is located at the southwest corner of 37th
St. and Indian River Boulevard.
The property owners are seeking approximately $845,000 for
the taking of Parcel 109 based on their trial experts'
contentions that the loss of Parcel 109 would cause
severance damage to the remaining "parent tract" through
loss of access to the land within the "medical node".
Staff and the County's legal consultant have recently met
with the property owners to discuss settlement on the
compensation issue.
ALTERNATIVES AND ANALYSIS
• Initially, the property owners requested the following
*considerations to settle the case:
.•1) Monetary compensation of $41,000 ($20,900
already 'deposited with the Registry of the Court,
together with an additional monetary compensation of
$20,100);
2) A zoning change for the entire property from
residential to medical office;
3) Construction by the County of a full movement driveway
access to Indian River Boulevard including left -turn
lane and right -turn lane (estimated cost $40,000);
4) County to pay legal fees and expert fees to date
(including expert witness fees) at an amount to be
determined by the court in subsequent proceedings.
The County staff requested that the property owner
reconsider additional monetary compensation, zoning changes,
and paved driveway access conditions since the second items
involves possible contract -for -zoning action which is not
legal and additional access paving will require permitting
revisions.
After further consideration, the property owner is willing
to settle for the following:
1) $20,900 (prior deposit)
2) Construction by the County of additional limerock base
material, drainage structure, etc. to serve a future
full access driveway for the parent tract onto Indian
River Boulevard at a safe location from the Barber
Avenue/Indian River Boulevard intersection. This base
material would be protected with filter fabric and
sodded. When the property development is approved, the
sod would be removed and paving would occur. The
estimated cost of this work is $ 34,000.
21
SEP 1E 1991
MOI(
FrU[ 1•d pJ'
SEP 10
99
BOOK 84 PAGE �pJ
3) The County would pay legal fees and expert fees at an
amount determined by the court in subsequent
proceedings.
Staff prefers that left -turn egress restrictions apply to"
the requested Indian River Boulevard access.
The property owners' attorney has advised that he has worked
approximatly one hundred sixty-one hours on the case, and
will agree to settle for a fee of $30,000. The estimate of
fees for expert witnesses are as follows: environmental
engineer $6,500; developer $15,000; appraisers $17,800; and
surveyor $5,500.
RECOMMENDATIONS AND FUNDING
Staff recommends that the above offer of settlement be
submitted to Vero Beach Medical Center - Dr. Donald Ames,
Trustee. Legal fees and expert witness fees would be paid
by the County at an amount determined by the Court in
subsequent proceedings. Funding to be from Indian River
Boulevard Phase III, North Extension account -
309-214-541-066.12 (Right-of-way Acquisition)
Chairman Bird asked for clarification on the size of the
property. Public Works Director Davis stated it is approximately
two acres.
Commissioner Scurlock was willing to pay a little extra to
avoid litigation and reach a settlement but felt the figures in the
demand were out of range. Chairman Bird thought 161 hours was
unjustified for legal work for a two -acre piece of property. He
also commented that the boulevard will benefit that property.
Darryl McQueen addressed the Board as representative of the
Vero Med Group, which is a group of individuals who jointly own the
property in question. Mr. McQueen stated that the boulevard and
the road improvements at Barber Street virtually eliminate the
access to that property, and he pointed to the location on the map.
Jim Davis disagreed. He said access to the property should be
addressed at the time a site plan is filed for the property because
we do not know how that property will be developing. A portion of
it is residential and the portion that Mr. McQueen pointed out is
in the med-office area.
Chairman Bird asked for clarification as to whether the only
access is off of Barber Street. Mr. McQueen affirmed it is and
that Phase III of Indian River Boulevard does not affect that
access to the property but with the Phase IV improvements to the
roads the only exits will be eastbound on Barber and south on
Indian River Boulevard.
Discussion ensued regarding access to the four sections of the
property and Mr. Davis stated that if the property came in today
for development under the existing zoning the staff feels we could
work out an access entrance that would be appropriate for the
property whether the boulevard was in or not. He further observed
22
SEP
that with the zoning line being the east property line of the med
property, they have landlocked themselves if they cannot use the
driveways through the existing med-office center.
Mr. McQueen said the rezoning had landlocked them, but felt
that was not the issue under discussion. He pointed to the map and
showed how, without Indian River Boulevard, they would have
complete access to Barber Street but with the boulevard
improvements it cannot have complete access because it cannot
legally make a turn because that is across a lane of traffic and
across the opposing left turn lane.
Discussion shifted to the proposed access point on the
proposed boulevard where the County would provide base material and
filter fabric and sod for a future driveway.
Mr. McQueen clarified that is the location the owners had
proposed during the negotiations in exchange for the loss of the
access on Barber.
Mr. Davis explained that they also wanted legal fees and
expert witness fees.
Mr. McQueen clarified his purpose in addressing the
Commissioners was to explain how the negotiations came about and
stated that Mr. Davis was advising the Board against allowing the
left turn movement onto Indian River Boulevard.
Mr. Davis explained the need for flexibility, that if there
were a problem it could be eliminated and traffic flow could be
directed through a safer situation. Our policy is to be able to
allow left turn movement when it can work safely and to restrict
left turn movement when it creates unsafe conditions.
Mr. Scurlock asked if that meant as long as it is safe there
is no problem and Mr. Davis concurred.
Discussion ensued regarding the possibilities of ingress and
egress at various access points.
Chairman Bird asked Public Works Director Davis to repeat
staff's recommendation.
Mr. Davis stated that we have deposited with the Court the sum
of $20,900 and because we have had updated appraisals of $25,000,
we will probably come back with what is called an offer of summary
judgment which will be our final offer. We would build the base
material and drainage work and the fill for the driveway but it
would be sodded, and when they come in for site plans and
development they will strip the grass and pave the driveway
connection; but we still want the flexibility to restrict left turn
movements out of there if we feel it is warranted in the future.
The amounts of expert witness fees and attorney fees would be
determined by the Court.
1
91
23
tkonr !.J
SEP 10 1991
BOOK 8 4 PAGE Ar,3e
ON MOTION by Commissioner Scurlock, SECONDED by,
Commissioner Eggert, the Board unanimously approved
the offer of summary judgment; approved the base
material and drainage work for the sodded driveway,
retaining ability to restrict left turn movements
therefrom; and approved a Court hearing to determine
attorney fees and expert witness fees, as
recommended by staff.
PETITION FOR WATER SERVICE IN GLENDALE TERRACE SUBDIVISION - 24TH
AVENUE, NORTH OFF 8TH STREET TO 10TH STREET
Utility Services Assessment Projects Manager James Chastain
made the following presentation:
DATE:
TO:
FROM:
AUGUST 28, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
IF
DIRECTOR OF UTILIT ICES
PREPARED JAMES D. CHASTA '4N
AND STAFFED MANAGER OF ASS .S ., 'V PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT:
PETITION FOR WATER SERVICE IN GLENDALE TERRACE S/D
(24TH AVENUE - NORTH OFF 8TH ST. TO 10TH ST.)
INDIAN RIVER COUNTY PROJECT NO. UW -91 -24 -DS
BACKGROUND
A petition has been received for a water main extension for 24th
Avenue 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. (See attached petition and plat map.)
ANALYSIS
The subdivision contains 29 lots owned by 21 owners. The property
owners signing the petition represent 65% of the properties to be
served. The petition was picked up August 22 and returned August
27. Several owners were not readily available to sign due to being
out of town or simply hesitant.
All of the lots in this project are substandard or "undersized,"
according to Indian River County's Comprehensive Plan and the County
Public Health Unit, Division ..of Environmental Health. New lots
utilizing well and septic systems must be a minimum of one-half acre
in size. Lots not meeting these minimum standards are called
"undersized lots."
The attached map displays the area to benefit from the assessment
project.
This project is 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 approval
of the above -listed project. 24
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the project for water service in Glendale Terrace
Subdivision, as recommended by staff.
RECYCLING AND TIRE GRANT APPLICATION SIGNATURE
The Board reviewed memo from Solid Waste Disposal District
Recycling Coordinator Sam Rohlfing dated August 29, 1991:
DATE: AUGUST 29, 1991
TO: . JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO, DIRECTOR
SOLID WASTE DISPOSAL DISTRICT
FROM: SAM ROHLFING, RECYCLING COORDINATOR
SOLID WASTE DISPOSAL DISTRICT
SUBJECT: RECYCLING AND TIRE GRANT APPLICATION SIGNATURE
BACKGROUND:
Having received the initial segment of the recycling/education RE
92-29 and waste tire WT92-29 grant application forms for 1991-92
from SWDD, the DER has sent the grant agreement forms. I have
prepared the grant narrative and tables, Segment 2, which will be
forwarded to the DER as back-up information. For two copies each
of each segment and for two copies of the final grant agreements,
the signature of the county's authorized representative.
(Commission Chairman) is required by DER. We are scheduled to
receive $197,567 for RE92-29 and $56,351 for WT92-29 for the
91-92 budget year.
RECOMMENDATION:
Staff requests that the Commission Chairman sign both copies of
each grant agreement, enclosed, so that they can be forwarded to
the DER by the deadline.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to sign the recycling and
tire grant applications to be forwarded to DER, as
recommended by staff.
SAID APPLICATIONS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
25
SEP 10 199
BOOK
f
SEP 10
991
BOOK 84 ` "
BASE FACILITY CHARGES UPON PAYMENT OF IMPACT FEES
The Board reviewed memo from Utility Services Director Terry
Pinto dated September 6, 1991:
DATE: SEPTEMBER 6, 1991
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU:
TERRANCE G. PINTO
DIRECTOR OF UTILI ERVICE
FROM: HARRY E. ASH
ASSISTANT
S
OF UTILITY SERVICES
SUBJECT: ASSESSMENT PROJECTS - BASE FACILITY CHARGES UPON PAYMENT
OF IMPACT FEES
As a result ofthe discussion at the 12th Street Water Line Public
Hearing, it was the Department's understanding that for assessment.
projects only, if the impact fee is paid prior to availability of
service, no base facility charges will be due until notice of
availability of service at the completion of the project.
The Department believes that this policy would not have any overall
detrimental effect on income from user fees or impact fees.
The Department would request that the Board of County Commissioners
readdress this policy to give direction in this matter.
Please advise if I can provide further information.
Commissioner Scurlock felt two issues needed to be addressed:
one, giving proper notice to all residents of an affected area that
they have the ability to prepay impact fees and, two, when to begin
the base facility charge.
Commissioner Eggert asked what is the recommendation of staff
as far as the base facility charge.
Director Terry Pinto stated his consistent thought has been
that when you reserve capacity, you pay the impact fee and the base
facility charge will commence. However, at the public hearing on
that 12th Street assessment district he recalled a resident made a
request to the Board and inferred that the Board's direction was,
in this particular situation, because this is an assessment
district, that we would allow them to prepay, and after we gave
notice that our assessment project was completed and the water was
available, then they would be liable to pay the base facility
charge. Normally payment of the impact fee does not take place
until such time that people are interested in connecting. The
assessment is set and they pay their assessment, but the impact fee
itself is not due and,payable until the time people want to connect
to the system.
26
Commissioner Scurlock questioned the case of phased projects,
where individuals would be allowed to connect as the service
becomes available.
Mr. Pinto felt that phased projects cause no problem because
no matter where they are in an assessment area, as the individuals
are notified that service is available, capacity is available,
connection service is available, then they would start paying the
base facility charge. This is a policy that is applied within an
assessment district because after the County begins engineering and
construction those residents have no option but to wait until the
project is completed.
Commissioner Scurlock said there is a window of opportunity
for people to prepay an impact fee to beat the increase. He asked
if those people who choose to pay their impact fee after we give
them notice that the service is available must commence paying the
base facility.
Director Pinto said their basic facility charge starts when we
notify them that they can connect. This is done within an area
where the County has taken a project and we assess it because we
have removed all their other options and now it is in the hands of
the County. However, when someone walks in our door and says they
want to reserve capacity in our plant, the base facility charge
starts at that point because it is their option how fast those
internal lines get built in front of their home. Mr. Pinto felt
that when the County assesses a district and the project is under
the contract of the County, all payments of impact fees and base
facility charges should not be due until the time that the system
is on line.
Commissioner Scurlock described some cases where we already
extended the special payment plan to them, they come in and reserve
their capacity and pay the lower impact fee. He felt those people
should pay the base facility. The other people later on will pay
a higher impact fee and begin to pay base facility.
Director Pinto agreed and stated that is what he would prefer,
that would be his recommendation.
Discussion ensued regarding availability of plant capacity and
availability of main lines.
County Attorney Vitunac advised that the County should keep
the policy the way it is, which is, when someone reserves capacity
he begins to pay the base facility charge. If he makes the
financial choice to get a lower impact fee, then he must pay the
carrying charges of that capacity, which is the base facility.
When we start charging no base facility for one group, we get into
the legal question of whether there is really a major difference.
27
SEP 1 0 NM
BOOK 84 F:,F. 9
SEP 10 199
BOOK 84 PAGE 243
We may end up in Court having to give everybody the right not to
pay base facility.
Commissioner Eggert asked what we told these people during
that meeting.
Attorney Vitunac said they were told they do not have to pay
their impact fee until they actually connect, which could be ten
years from now.
Commissioner Eggert asked if we told them if they pay the
impact fee early they would not have to pay the base facility.
Attorney Vitunac recalled that no promises were made; the
Board said it would look into it.
Commissioner Scurlock did not believe we could have made that
assurance because there is going to be a difference in when people
connect to the system.
Attorney Vitunac mentioned a number of cases in which lawsuits
may be filed for unpaid base facility charges) and if the Board were
to allow no base facility charge until the lines are in front of
the residence, that weakens the County's case.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the policy of commencing base facility charges when
residents reserve capacity and prepay impact fees,
as recommended by staff.
APPOINTMENT TO TRANSPORTATION DISADVANTAGED LOCAL COORDINATING
BOARD
Commissioner Bowman reported an opening on the Transportation
Disadvantaged Local Coordinating Board for a disabled
representative. Council on Aging recommended Mr. McGehee. He was
asked to submit a resume but has not done so. Commissioner Bowman
said she received a letter from Mrs. Mae Arnold giving a resume of
her expertise and she seems to be very well qualified.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously appointed
Mrs. Mae Arnold to the Transportation Disadvantaged
Local Coordinating Board.
28
HRS RESTRUCTURING REPORT
Commissioner Eggert went over the following recommendations:
TO: Board of County Commissioners
FROM: Carolyn K. Eggert, C��
Commissioner
RE: HRS - Interim Planning Group Report
DATE: September 5, 1991
After attending many meetings, I wish this report made
me happier. I would like to make the following
recommendations for approval of the Commission.
1. That the geographic boundaries be approved as
submitted'- the 4 -county area.
2. Correction be made on page 2, item 5 to read, "The
City of Vero Beach and the City of Stuart have been
classified as urban areas. (St. Lucie County is a
metropolitan area with an HMO).
3. •.That the Authority be local and policy be set by
the Health and Rehabilitative Services Board. However this
Board should not be a law unto itself - cooperation needed
with Tallahassee and other councils.
4. That the Alcohol, Drug Abuse and Mental Health
Planning Council be continued by the legislature separate
from the HRS Board but acting as an advisory group to the
HRS Board (page 5, item 9). Task is so large, HRS Board
needs this additional information.
5. ' That interagency councils be set up in each county
separate from the HRS Board or ex -officio to it but as
advisory to it. This would bring more direct information to
the fRS Board (pace 6, item 11).
6. That the Board of County Commissioners appoint two
from each county instead of the Governor. If Governor
appoints it should be from a list approved by the BCC as
required for Children's Services Councils (page 7, item 3).
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Commissioner Eggert's recommendations regarding the
HRS Interim Planning Group Report.
29
SEP 10 1991
BOOK 84 F
SEP a 0 1991
BOOK
El��C 'f
r:Fqd
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board would reconvene sitting as the Commissioners of the Solid
Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:30 o'clock A. M.
ATTEST:
e_Zave,-
Clerk Chairman
30