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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, SEPTEMBER 17, 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. --
9:00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
- Jeffrey K. Barton, Clerk to the Board
.2. INVOCATION - Rev. Jack Diehl, pastor of Our Savior
. uth- __an i.Ghu r..ch
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. -Bird
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS ,
A. One-week deferment on Item 11-H-1 - Deep Well Effluent Disposal System
B, Added as Item 11-G-4, emergency item re the inspection of Wabasso Bridge.
C. Added as Item 13-D, a discuhsion re disincopporation of Fellsmere & Orchid.
5. PROCLAMATION AND PRESENTATIONS CONTINUED BELOW-
A.
ELOWA. Adoption and Presentation of Proclamation Designating
Sept. 23-29, 1991 as Lung Awareness Week in I.R.C.
B. Adoption and Presentation of Proclamation Designating
the month of October, 1991 as Disability Employment
Awareness Month
C. Adoption and Presentation of Proclamation Designating
Oct. 6-12, 1991 as Respiratory Care Week
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Release of Utility Liens
(memorandum dated Sept. 5, 1991)
B. Occupational License Taxes Collected During the
Month of August, .1991 _
( letter dated Sept. 6, 1991)
C. Bid Award: IRC 91-130 / Central Field Building
Traffic Engineering
(memorandum dated Sept. 9, 1991)
ADDITIONS continued
D. Attorney Vitunac's report on the train whistles ban.
E. As Item G under the Consent Agenda, approval of out-of-
state travel for CommissioneltWheeler to attend seminar
of the National Criminal Justice Committee.
SEP 17 �� �
S E P 0 1991 6-�A
7. CONSENT AGENDA (continued):
D. IRC Bid #91-122 / Gifford Tower Refurbishment
(memorandum dated Sept. 10, 1991)
E. IRC Courthouse Project Astestos Survey Services
(memorandum dated Sept. 9, 1991)
F. Release of Easement
(memorandum dated Sept. 10, 1991)
9:05 a.m.
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None -
9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Phyllis Boisvert for Maintenance of 130th
Ave. (South Willow St.) South of CR512 in Fellsmere
(memorandum dated Sept. 11, 1991)
B. PUBLIC HEARINGS
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
MAKING IT UNLAWFUL TO LOITER IN A PUBLIC
PLACE IN AMANNER MANIFESTING THE PURPOSE
OF ILLEGALLY USING, POSSESSION OR SELLING
CONTROLLED SUBSTANCES
(rescheduled from meeting of 8/27/91)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A.
COMMUNITY DEVELOPMENT -
None
B.
EMERGENCY SERVICES
Approval of FY 91-92 EMS Grant
(memorandum dated August 28, 1991)
C.
GENERAL SERVICES
None
D.
LEISURE SERVICES
None
E.
OFFICE OF MANAGEMENT AND BUDGET
None
r
11. DEPARTMENTAL MATTERS (continued):
F. PERSONNEL
None
G. PUBLIC WORKS
1. Amendment No. 2 to Work Order No. 2 / Treasure
Shores Park Phase I
( memorandum dated Sept. 10, 1991)
2. Request for Grading 104th Crt., Vero Lake Estates
(memorandum dated Sept. 11, 1991 )
3. Final Payment & Release of Retainage - Petition
Paving Projects for Carter Assoc., Inc.
( memorandum dated Sept. 4, 1991)
H. UTILITIES
1. Deep Well Effluent Disposal System Engineering
Agreement S Work Authorization No. 1
.(memorandum dated August 23, 1991)
2. Developer's Agreement between River Boat Club
(Corporate Life Insurance Company), Pelican
Shoppes (Riverside Village Condominium Assoc.,
Inc.) and Indian River County
(memorandum dated August 23, 1991)
12. COUNTY ATTORNEY,,;�
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN GARY C. WHEELER
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN OPPOSITION TO HOUSE BILL
2251 DEALING WITH POLITICAL CONTRI-
BUTIONS AND CAMPAIGN FINANCING
C. COMMISSIONER MARGARET C. BOWMAN
Transportation Planning Committee -
Summary of Actions
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER DON C. SCURLOCK, JR.
800K G. F'�1UE •�
� SEP 17 191
Y '
BOOK Pnic •.'
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
Tuesday, September 17, 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 17, 1991, at 9:00 o'clock A.M. Present were Richard N.
Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C.
Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac,
County Attorney; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Jack Diehl, pastor of Our Savior Lutheran Church,
gave the invocation and Chairman Bird led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested a one-week deferment on
Item 11-H-1 - Deep Well Effluent Disposal System Engineering
Agreement & Work Authorization- No. 1.
Administrator Chandler also requested the addition of an
emergency item as Item 11-G-4 regarding the inspection of Wabasso
Causeway Bridge.
Commissioner Eggert requested an addition as Item 13-D of a
discussion regarding the possible disincorporation of the City of
Fellsmere and the Town of Orchid.
Attorney Vitunac requested a brief report 'on the meeting he
attended regarding the train whistles ban.
Commissioner Wheeler requested the addition as Item G under
the Consent Agenda of approval to attend a National Criminal
Justice Committee seminar.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Scurlock,.the Board unanimously approved
the one-week deferment of Item 11-H-1 and the addition
of the items cited above.
SEP 17 1�
L
SEP 17 1991 BOOK 8�� F'f1GE-&
PROCLAMATIONS AND PRESENTATIONS
A. Proclamation - Lung Awareness Week
Chairman Bird read aloud the following proclamation and
presented it to Ms. Karen King, regional director of American
Lung Assoc-iation of Southeast Florida.
P R O C L A M A T I O N
DESIGNATING.SEPTEMBER 23-29, 1991
AS
LUNG AWARENESS WEEK
IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the American Lung Association of Southeast Florida
has been a voluntary health agency serving the people of Indian
River County for the past 54 years; and
WHEREAS, the American, Lung Association is dedicated to
fighting lung disease, the third leading cause' of death in the
United Statesp and
WHEREAS, the Lung'Association hopes the citizens of Indian
River County are aware that lung disease is a major threat to
their health and that there are- actions they can take to reduce
that threat; and
WHEREAS, the Lung Association also hopes to increase
awareness that environmental factors - indoors and outdoors - can
aggravate lung disease in those who have it and may cause
breathing problems among those who are otherwise healthy; and
WHEREAS, in order to increase awareness and support of the
American Lung Association of Southeast Florida, its mission, and -
the programs and services it provides in Indian River County, the
week of September 23-29, 1991 has been designated as Lung
Awareness Week:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
September 23-29, 1991 be declared
LUNG AWARENESS WEEK
An Indian River County, and all citizens are urged to take care.
of their lungs, because, when you can't breathe, nothing else
matters.
Adopted this 17th day of September, 1991.
N
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
r � �
B. Proclamation ___ Disability _ Employment_ Awareness_ Month
Chairman Bird read aloud the following proclamation and
presented it to Dr. Ronald Hudson, a member of the Board of the
Treasure Coast Regional Planning Council.
P R O C L A M A T I O N
DESIGNATING THE MONTH OF OCTOBER, 1991
AS
DISABILITY EMPLOYMENT AWARENESS MONTH
WHEREAS, persons with physical and mental disabilities have
sought to overcome vocational, economic,. educational,
environmental and attitudinal barriers in their pursuit of
employment opportunities in Florida; and
WHEREAS, many people with disabilities are ready and willing
to participate in the work force, given the advantage,
encouragement and support to prepare for work; and
WHEREAS, the economic growth and development of the State
depend upon. a reliable. work force of which persons with
disabilities comprise an important component; and
WHEREAS, the President's Committee on Employment of People
with Disabilities continues„ to recommend policies and develop
programs which lead to independent wage earning for those facing
barriers to employment and training in Florida:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that THE MONTH OF
October, 1991 be designated as
DISABILITY EMPLOYMENT AWARENESS MONTH
in Indian River County, and the Board urges all citizens to
observe this month by acknowledging the contributions of disabled
persons as workers and citizens, and by increasing the employment
opportunities available to them.
Adopted this 17th day of September, 1991.
9
SEP 17 TH-i
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, .Chairman
3 4 FA'c E
SEP 17 1991
C.Proclamation___Respirator
Chairman Bird read aloud
BOOK -84 F";L.33 '
Care Week
the following proclamation and
presented it to Georgette Rosen and Mike Tillman, representatives
of the first respiratory care class offered at IRCC.
_ P R O C L A M A T I O N
DESIGNATING OCTOBER 6-12, 1991
AS
RESPIRATORY CARE WEEK
WHEREAS, the health and welfare of our citizens is the top
priority of the Florida Society for Respiratory Care which seeks
the support of all of our community members; and
WHEREAS, respiratory care is an allied health specialty used
in the• diagnosis, treatment, and control of patients with
deficiencies or abnormalities of the cardiopulmonary'system; and
WHEREAS, the services offered by respiratory therapists and
technicians, as licensed by the'5tate of Florida, are vital to
the health and well-being of our citizens; and
WHEREAS, the Florida Society for Respiratory Care, as an
affiliate of the American Association for Respiratory Care,
represents our respiratory care practitioners in the State of
Florida; and-
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that the week of
October 6-12,,1991 be observed as
RESPIRATORY CARE WEEK
in Indian River County, Florida, and the Board recognizes the
services of respiratory care practitioners to the health care of
mankind, their dedication to the delivery of their specialized
services, and the expansion of their professional organizations.
The Board furtherjurges all citizens of Indian River County
to recognize the important contributions of our respiratory care
practitioners to the health care profession, and salute these
dedicated individuals on this special occasion.
Adopted this 17th day of September, 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
4
CONSENT AGENDA
A.Release _of_Utility_ Liens
The Board reviewed the following memo dated 9/5/91:
TO: Board of County Commissioners
b&e�� P_. kukL�_)
FROM: 'Lea R. Keller, CLA, County Attorney's Office
DATE: September 5, 1991
RE: CONSENT AGENDA - B.C.C. MEETING 9/17/91
RELEASE OF UTILITY LIENS
I have prepared the following lien -related documents and request that
the Board authorize the Chairman to sign them:
1. Releases of Special Assessment Liens from
12TH STREET PROJECT in the name of:
MENDOZA (2)
2. Releases of Special Assessment Liens from
CITRUS GARDENS. -PROJECT in the names of:
BLANTON
BARCONCINI
3. Release of Special Assessment Lien from
RIVER SHORES PROJECT in the name of:
BURDA (Lawrence) -
4. Releases of Special Assessment Liens ,from
CITRUS GARDEN PROJECT in the names of:
MANWARING
ROMANOS (2 parcels)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the release of the above listed lien -related
documents, as recoamended by staff.
RELEASES OF LIEN ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
0
�va�' 84 F',j,C•j-,j
SEP 17 1991 32
B. _Report
The Board reviewed the following memo dated 9/6/91: "
- i�IORANDDM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
SUBJECT: Occupational Licenses
DATE: September 6, 1991 " -
Pursuant to Indian River County Ordinance No. 86-59,
please be informed that $1,414.76 was collected in
occupational license taxes during the month of
�. August, representing the issuance of 105 licenses.
Gene E. Morris, Tax Collector
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
accepted the above Occupational Licenses Report
for the month of August, 1991.
C. IRC Bid 91 -130_ -_Construction of Central Field Building
The Board reviewed the following memo dated 9/9/91:
DATE: September 9, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton, Purchasing Manager
Construction of
SUBJ: Bid Award: IRC 91-130/Central Field Building
Traffic Engineering - (Road & Bridge Complex, 4625 41st St.)
BACKGROUND INFORMATION:
Bid Opening Date: September 4, 1991
Specifications mailedt_o: _ Five-_ (5) Vendors
Replies: Two (2) Vendor
6
BID TABULATION - LUMP SUM
Thomas Sims & Assocciates +$58•,748.00
Port St Lucie, F1
Hunley-Hubbard$61,790.00
Vero Beach, F1
ESTIMATED BUDGET: $60,000.00
SOURCE OF FUNDS: Traffic Engineering Other Buildings Account
TOTAL AMOUNT OF BID: $58,748.00
RECOMMENDATION:
Staff recommends that the bid be awarded to Thomas Sims and
_ Associates as the lowest, most responsive and responsible
bidder meeting specifications set forth•in the Invitation to
Bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded IRC
Bid 91-130 to the low bidder, Thomas Sims and
Associates, in the amount of $58,748 for the
construction of a Central Field Building at the Road &
Bridge Complex on 41st Street, as set out in the above
staff recommendation.
D. IRC Bid 91-122 - Gifford Tower Refurbishment
The Board reviewed the following memo dated 9/10/91:
DATE: September 10, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director+�
Department of General Servi
FROM: Fran Boynton, Purchasing Manager xt
SUBJ: IRC Bid #91-122/Gifford Tower Refurbishment
BACKGROUND INFORMATION: -
Bid Opening Date: August 28, 1991
Specifications mailed to: Thirteen (13) Vendors
Replies: Six (6)
7
L- SEP 17 1991
HOK 84
E.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 91=122 to the low bidder, Utility Service, in the
amount of $38,840 for the refurbishment of the Gifford
Tower, as out in the above staff recommendation.
IRC Bid 91_123___ Courthouse Asbestos_ Survey_Services
The Board reviewed the following memo dated 9/9/91:
DATE: SEPTEMBER 9, 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIC
SUBJECT: INDIAN RIVER C;OI;JNTii COURTHOUSE PROJECT
ASBESTOS SURVEY SERVICES - RFP NO. 91-123
8
EP 17 1991
�ooK
m ") Z
F�,ti�t P
VENDOR ��
LUMP SUM PRICE
1. Utility Service
$ 38,840.00
Perry, Ga
2. Hi -Line Contractors
$ 47,500.00
Orlando, F1
3. Frontier Enterprises
$ 48 900.00
Tarpon Springs, F1
-- 4. Eagle Tank '
$ 67,449.00
Daytona Beach, F1
5. Ridge Painting
$ 68,000.00
Lake Alfred, F1
6. Skyline Painting
$156,845.00
Orlando, F1
TOTAL AMOUNT OF BID:
$ 38,840.00
BUDGETED AMOUNT:
$ 72,000.00
SOURCE OF FUNDS: Water Utilities
Water Storage Tank Maintenance
RECOMMENDATION:
Staff recommends that the bid
be awarded to Utility Service as
as the lowest, most responsive and responsible bidder
specifications
meeting
as set forth in
the.Invitation to Bid.
In addition, staff requests the
Board's approval of the
attached
agreement when all requirements
by the County Attorney.
are met and -approved as
to form
E.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 91=122 to the low bidder, Utility Service, in the
amount of $38,840 for the refurbishment of the Gifford
Tower, as out in the above staff recommendation.
IRC Bid 91_123___ Courthouse Asbestos_ Survey_Services
The Board reviewed the following memo dated 9/9/91:
DATE: SEPTEMBER 9, 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVIC
SUBJECT: INDIAN RIVER C;OI;JNTii COURTHOUSE PROJECT
ASBESTOS SURVEY SERVICES - RFP NO. 91-123
8
BACKGROUND:
As required by Florida State Statue 553,79, (11), a Request For
Proposal was properly advertised for the purpose of selecting a firm
to ascertain, locate, identify, and prepare specifications for
disposal of asbestos in the buildings that are to be demolished on
the new courthouse site. On July -2.3, 1991, twenty-four (24) RFP's
were sent out and seven"(!) proposals were received on August 7th.
ANALYSIS:
All the firms that submitted proposals were qualified, and met the
scope of work requirements. Evaluation was based on the total
anticipated cost for the services including the survey, daily
monitoring, and supervision,Yof disposal. The abatement process is
estimated to last 15 to 30 days, therefore, cost evaluation has been
projected based on these anticipated minimum/maximum length of time.
FIR
Environmental Aspecs
PSI/Hall Kimbrell
Briggs Associates
E.E. & G.
A.T. & C.
Enviropact
Arderman
FUNDING:
PROPOSED COST
15 DAYS 30 DAYS
$ 8,590
9,974
9,015
11,250
11,675
20,930
29,195
$12,055
14,474
15,285
16,500
16,850
25,610
34,595
Cost to perform this work was estimated at $25,000 and funds will
come from the construction budget.
RECOMMENDATIONS:
Centex Rooney, our Construction Manager, and staff have reviewed the
proposals and recommends the contract be awarded to Environmental
Aspecs, Inc., as the low bidder.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 91-123 to the low bidder, Environmental Aspecs,
Inc., as set out in the above staff recommendation.
SEP -17 1991 9 �e
SEP � �� � �� � BOOK 8
F. Release of Conservation Easement - Re Site Plan Approval for
Florida Convalescent Centers, Inc.
The Board reviewed the following memo dated 9/10/91:
TO: The Board of County Commissioners
FROM:.LPL William G. Collins II - Deputy County Attorney
DATE: September 10, 1991
SUBJECT: Release of Easement
A conservation easement prepared by an engineering firm -was recorded in
conjunction with site plan approval for the Florida Convalescent Centers,
Inc. on 36th Street. The easement, as recorded, was defective in that it
had an incorrect legal description, and did not comply- with statutory form
for conservation easements (F.S. 704.06).
I have been provided' -with --a' conservation easement in which these
deficiencies have been corrected by Samuel A. Block, Esq. Mr. Block
requested release of the defective conservation easement recorded at O.R.
Book 899 at Page 2618. :-
RECOMMENDATION .
1. Authorize the Chairman to':,execute the Release of Easement for the
defective conservation -easement recorded at O. R. Book 899 at Page
2618, Public Records of Indian River County, Florida.
...2. Accept and record the corrected .conservation easement from Florida
Convalescent Centers, Inc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the acceptance and recording of the corrected
conservation easement from Florida Convalescent
Centers, Inc., as set out in the above staff
recommendation.
RELEASE OF CONSERVATION EASEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
10
G_._ Approval_of_Out_of_State_Travel
The Board reviewed the following memo dated 9/11/91:
NATIONAL
John Ashcroft Raymond C. Scheppach
DISTRIBUTION LIST Governor of Missouri Executive Director
Chairman
p� '
GOVERNORS
Commissioners Hall of the States
444 North Capitol Street
�
��l1L.1/'�l•��►�^
ION
Administrator �-�—" Washington, D.C. 20001-11572
(202) 624-5300
Telephone
Attorney ---
Personnel _----
public Works _----
Gev.
�C7k Community
Utilities ------
7� * Finance September 11, 1991
Other J—
Dear Colleague:
I am writing as Chairman of the National Governors' Association (NGA)
Committee on Justice and Public Safety to invite you or your
in special "National Conference on
ti l�representative
to participate a
Violent Juvenile Crime" that I will be hosting on
� ;;����` 9l `r',
Youth Gangs and
October 7-91 1991, in Reno, Nevada.
R�''�.0 COUX
This event is being cosponsored by the state of Nevada, NGA, and the
the U.S.
•
-� r''"��lssfotIFrts'>
National Criminal Justice Association, in cooperation with
c
Department .of Justice, Office of Justice Programs.
r^tr�
The conference is intended to generate an increased understanding o
in this country and promote
youth gangs and violent juvenile crime
legislative, and programmatic options for
discussion of policy,
reducing youth violence and involvement in gang -related activities.
Numbered -among invited conference speakers and panelists are many of
the country's foremost experts on gangs and juvenile crime. In
plenary and workshop sessions, these individuals will share their
considerable experience and knowledge on such topics as the history
and demographics of gangs in this country, the impact of
yougangs
on public safety and the criminal justice system; methods for
identifying and documenting the existence of gangs and gang -related
activity; and prevention, enforcement, and correctional strategies
'for controlling youth gangs and violent juvenile crime.
Some 250 policymakers, legislators, and criminal justice officials
from all levels of government, as well as educators, social services
providers, private sector business executives, and community service
organization representatives are expected to attend this "invitation
only" event, which will be held .in Bally's Reno Resort...
Conference registrations will be accepted on a first come, first
served basis. Each person planning to attend the seminar should
complete the enclosed registration form and return it by September 20
to the address provided; a $75 registration fee is required. _
I hope that your organization will bpresented at representative a inconference
in
and look forward to seeing you
or your
_
October.
Sincerely,
Govern��or Bo /M�/
Chairman
Committee
on Justice and Public Safety
1 1
nor �� FACE •.�� �
SEP IT ���
SEP i? ffil Boor '84
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
out-of-state travel for Commissioner Wheeler to attend
conference sponsored by the National Criminal Justice
Association to be held in Reno, Nevada, Oct. 7-9, 1991.
REQUEST BY PHYLLIS BOISVERT FOR MAINTENANCEOF 130TH AVENUE,
SOUTH OF CR -512 IN FELLSMERE
The Board reviewed the following memo dated 9/11/91:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works r9p
SUBJECT: Request by Phyllis Boisvert for Maintenance
of 130 Avenue (South Willow Street),
South of CR512 in Fellsmere RE: Letter to Board from
Phyllis Boisvert
DATE: September 11, 1991 FILE: boisvert . agn dated 8-28-9
DESCRIPTION AND CONDITIONS
On Wednesday, September 4, 1991, staff met with Mrs.
Boisvert, in reference to her request for maintenance of
130th Avenue. At the present time, the County maintains a
portion of 130th Avenue_ between,-CR512 and 81st Street as
provided for in the .1977 Maintenance Agreement between
Fellsmere Farms Water Control District and Indian River.
County.-fhe portion south of 81st Street is not maintained
by the County. Many citrus tricks from various groves south
of 79th Street use the road, as well as increased
residential traffic due to accelerated residential
construction in the area.
%I
Mrs. Boisvert requests better maintenance or paving of 130th
,Avenue along some sections. A 30' wide right-of-way exists
which is dedicated to the drainage district. Improved
drainage would benefit the road, however, adequate right-of-
way is not present.
If improvements are desired, staff recommends a Special
Assessment Project be initiated to purchase right-of-way,
providing engineering services and construction
improvements.
12
After indicating the location of the road on an aerial
photograph and circulating a photograph of the narrow roadway
with trees on one side and utility poles on the other, Public
Works Director Jim Davis stated that if improvements are desired,
staff would recommend that some type of a special assessment
district be developed to provide for funding of right-of-way
acquisition and drainage system improvements.
Commissioner Bowman understood that this roadway is really a
30 -ft. wide right-of-way owned by the Fellsmere Water Control
District, and Director Davis confirmed that while it is their
right-of-way, we grade it and maintain it without receiving any
compensation.
Mrs. Boisvert noted that 25 of her neighbors are in
attendance today to support her request for better maintenance or
paving of 130th Avenue along some sections. She described the
terrible conditions with bushes encroaching along the side of the
road and deep holes filled with water everywhere after a rain.
There is only 18 feet of roadway now. During the wet seasons,
the EMS vehicles cannot access their neighborhood and the
conditions have gotten so bad that not even the postal service
will deliver the mail over the bumps and ruts. She suggested
that the County construct another road for access and pay for it
out of the road impact fees since she understands that impact
fees cannot be used for maintenance of roads. Mrs. Boisvert felt
that if everyone came in today and talked to the -Board about the
problems with the road, maybe something could be done. She
understood that several of her neighbors wished to be heard this
morning and advised that she also has a.letter in support of
better maintenance from a neighbor who is out of town this week.
Commissioner Scurlock had the impression that there are only
two houses down there, but Mrs. Boisvert pointed out on the map
that the majority of the residents live on 5 -acre lots from 89th
Street south to 77th Street and the entrance to the Berry Groves.
Rodney Tillman of the Fellsmere Water Control District
referred to the following memo he wrote to the Board:
13 BOOK
SEP 17 1991
:0 - "j�
SFP i991
RECEIVED
_ P. O. Boa 438 _
FELLSMERE, FLORIDA 32948
(407) 571-0640
L
TO: Board of County Com issioners
FROM: Rodney Tillman �C✓
RE: 130•Avenue ( Willow Street )
DATE: September 11, 1991
1U0r
_A`
BOARD OF SUPERVISORS
RAYMOND E. JOHNS
PATRICK D. LEARY
CLIFFORD D. TYSON
DISTRIBU?1CN LIST _ 1L.
Commissioners
Administrator =
p�tarney
pers:�I�ne1 �
p►t�k�c �tartc� —�
Utilities
Finance. r
Vila
Dear Chairman Richard N. Bird:
I have been advised by a group of citizens who own property
south of CR 512 and•east•of 130 Avenue, that this group will
be attending the September 17 meeting to discuss problems
with roads in that area.
I would' like to enlighten you on this problem from the
Districts point of view if I may.
On the tax rolls it appears that 130 avenue (Willow Street)
is a canal right-of-way. According to the original platt
(see enclosed copy) 130 Avenue (Willow Street) is actually
a 30 foot road right-of-way.
As you are aware there is an inter -governmental agreement
between this District and the County concerning grading of
certain roads as described in that agreement. 130 Avenue
is included in that agreement south to ditch 22 (81 Street)
Being a chapter 298 Water Control District, the sole
function and sole authority is to carry out drainage and
water control operations within its boundaries and nothing
else.
The District does not now or has never owned a road grader
V and has never done any road construction or maintenance in
its 72 years of existence, and cannot in fact or it would
be in violation of its charter.
All work done in the past and present, that the public might
have assumed as done by the District, was done by or is
being done by the county or as a public service by large
landowners within the Di.ptrict and even individuals, but not
by the District. Some of this misunderstanding is because
of the Limited Dedication (see enclosures) granted by the
original developer on the recorded plats to permit public
roads on certain of the right-of-ways, where they would not
interfere with primary functioning of the water control
system.
The entire Public Facilities as reported to the county and
state as required by law consists soley of the canal system
as described in the Plan of Reclamation.. The district does
not ownculvertsor bridges or supply them. They are owned
by the landowner, county or city. This District permits
these structures in and over the system.
I hope this helps you better understand this District and
if I can be of any further help to you please advise.
14
Mr. Tillman advised that the total responsibility of the
water district is to provide drainage and nothing else. He
explained that the district entered into an agreement back in
1977 for the County to provide the maintenance of the roadway.
The 30 -ft. road right-of-way is owned by the Fellsmere Water
Control District, as are most of the roads in the Fellsmere area.
There are no official public roads along Fellsmere's 300 miles of
ditches. The dirt roads are either on private property or belong
to the water district and are maintained by the County or the
City of Fellsmere.
Commissioner Scurlock inquired if there are any landowners
along the.roadway who would be willing to donate additional
right-of-way, and Director Davis advised that they have not
contacted any of the property owners as yet.
Chairman Bird understood that we have three options. One
would be to do nothing; the second would be to bring in extra
material and do some type of improved grading; and the third
would be to pave that stretch of road after obtaining sufficient
road right-of-way.
Director Davis emphasized that although 130th Avenue is on
the county's grader route, it is heavily used by citrus trucks
during the picking season, and during a wet season it doesn't
take long for the trucks to wreak havoc with the road. A row
of dead Australian pines are also a hazard. The actual width of
the passable road is only 18 feet and more right-of-way would
have to be donated or purchased to handle the necessary drainage.
Commissioner Wheeler felt the County has the_responsibility
to make the roads passable if we are going to issue permits and
allow people to build out there, and`Commi'ssione"r Scurlock agreed
that the main thing here is that the Commission has allowed that
district to develop without adequate roads. It seemed to him
that the proper approach would be to first make contact with the
current landowners to see if we can get enough right-of-way
donations to expand the roadway and then see what size roadway we
can come up with. If it is determined to be cost feasible at
that point, we could establish a special assessment project. He
warned that the cost for the improvements may be more than the
County or the residents can afford.
Mrs. Boisvert pointed out that when Mr. Davis visited her
after their telephone conversation, he came in a County vehicle
after the grader had just gone through.
Director Davis stated that the roads in that area are graded
equally, and he had no idea that road was being graded that
particular day.
15 ar K 4 4
SEP 17 1991
SEPJ7 1991 BOOK84 r-E.4Z
Mrs. Carter, who was representing her son who owns 20 acres
in the area, stressed how much that property has developed in the
last 11 years, so much so that there are no more 5 -acre lots
left. She felt it was a good thing she didn't wear dentures
because she -would bite her tongue upon hitting every rut along
that road. She urged the Board 'to authorize better maintenance.
Skip Hullfish,'owner of 5 acres in Fellsmere, noted that FPS
L and Southern Bell already have moved their utility poles back
20 feet along that easement. He didn't think the citrus trucks
use that road all that much.
Charlie Dyer, resident of 83rd Street, first wished to
commend the drainage district on their fast service in solving a
drainage problem last week. He wished to inform the Board that
Berry Groves does.use that road to a great extent. When it is
dry, 103rd Avenue is like a washboard, and when it is wet, it's
like soup. It seemed to hire that since there is no problem in
getting roads paved in other parts of the county, some roads in
Fellsmere should get some improvements. Otherwise, he felt that
taxes in Fellsmere have gone up this year for no reason at all.
Mrs. Marques, resident of 77th Street, commented that she
has three children and drives them to school and other activities
and her car is falling apart from traveling that road.
Wayne Stevenson, resident of Fellsmere, explained that he
travels 93 miles every night in hi.s delivery of the Vero Beach
Press Journal and, in his opinion, the streets in that area are
in very bad condition. His little car sl.ides all over the road
after a rain, and one night a dead Australian Pine had fallen
across the road. He noted that 77th and 79th Streets are also in
very bad condition, and he wondered if there is any way that area
could be graded, and Chairman Bird stated that the County will
take a look at it.
Regina Susa explained that she lives on the corner of 130th
Avenue and 85th Street and in order to get her mail and the
newspaper during the wet season, she has to back her car out of
the driveway over the pond that forms in front of her house. The
school bus has to pull into her driveway almost up to the house
just to pick up her son. A lady from the transportation
department at the School Board informed her that if the roads
didn't improve in that area, they weren't going to take their
brand new buses down that road. She emphasized that the road is
very hazardous and urged the Board to do something about it.
Frank Malardy, resident of 79th Street, felt there is no
question that the road is hazardous and asked the Commission to
take a ride out there to see for themselves. Since moving here
16
two years ago, he has not seen a grader on 79th Street. He felt
this area was an orphan of the County and of Fellsmere, and
implored the Board to do something so that their children can get
to school safely and people can get to work. Furthermore, he has
received notices from the Post Office at times saying that they
refuse to go down that road to deliver the mail.
Commissioner Wheeler felt there is justification in
expanding the grader route, and while Commissioner Scurlock
agreed, he felt we have to realize that with dirt roads there
always will be times when consistent maintenance is a problem.
He believed we should approach the problem in this area by trying
to acquire right-of-way, identifying an on-going program to
improve the road, and making sure that the grader.route is a
reasonable one in terms of frequency. Beyond that, however,
paving a one -mile stretch of roadway would be very expensive to
the people who would benefit by it and be included in the special
assessment district.
Director Davis explained that the County currently grades
103rd Avenue from CR -512 south to 81st Street. We do not grade
south of 81st Street down to Berry Groves. There are some homes
in that area, but it is not a large concentration of homes
because many people down there are on 20 acres.
Commissioner Scurlock felt the County has the responsibility
to do something in a reasonable way to provide access for that
entire length and provide a core system system like we did for
Vero Lake Estates since this area will never have high densities.
According to Mrs. Boisvert, all the 5 -acre tracts are gone and
only 20 -acre lots are available.
Mr. Tillman explained that the drainage district has 40 -ft.
wide ri-ghts-of-way that run east and west every quarter of a
mile. Historically, in order to save the cost of each homeowner
having to put a culvert across the district's system, whoever
developed first built the road all the way back to their
property, so sometimes the road is on the south side as -in the
case of Ditch 18 where the road is entirely on private property.
Those owners could, at some time, deny access to the road, but
the road is currently on the grader route. A majority of these
roadways are going to be somewhat on private property. If the
people want to request the County to enlarge the grader route,
the District would be receptive to that as to the degree of
whatever right-of-way we have left over.
Commissioner Wheeler cautioned again that the cost would be
very substantial to set up a taxing district to improve the roads
in that area because of the large lots and low densities.
17
SEP 17��� J
SEP 17 1991
BooK PA,,UE .3
Mrs. Boisvert believed that all the houses are on the side
street and that no one actually lives on 103rd Avenue. Further,
all the side streets dead end, but they are not expecting the
County to pave their streets, just the one -mile on 130th Avenue.
She noted that each of the ditch roads are approximately one mile
in length.
Ingrid Ernest of the Fellsmere Volunteer Ambulance Squad
advised that the Ambulance Squad uses 103rd Avenue to answer
emergency calls, but if it was a matter of life or death, it
would be too late because during the wet season they cannot go
more than -5 mph down that road for fear of going in the ditch.
She urged the Board to do something to improve the road.
Alice Stone of 83rd Avenue suggested that the County cut-
back the bushes on the west side of 103rd Avenue that have
encroached a good 4 or 5 feet on the road. If those bushes were
trimmed way back to gain that extra width, it sure would help a
lot.
Mrs. Mann, resident of 130th Avenue, felt that it would be
better to go ahead and pave the road now at today's costs rather
than waiting for a couple of years and paying a higher cost. In
addition, everyone would benefit by the savings on repairs to
their cars.
Director Davis estimated that if the necessary right-of-way
was donated, it would cost $200,000 to pave that first mile
stretch and make the necessary drainage improvements. It would
take it to 89th Street. The second mile would take it to 83rd
Street, so you are talking about roughly one half million
dollars.
Ella Cannison of 130th Avenue pointed out that the first
mile is within the City and they grade the road from CR -512 down
to Ditch 18. She urged the Board to provide better maintenance
of the rest of'130th Avenue.
Commissioner Scurlock was ready to make a Motion on his
3 -step approach to the problem.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized staff to spend time to: (1) identify
available right-of-way and try to acquire that
additional right-of-way through donations; (2) to
develop a program for improving this particular road,
including the drainage, and taking a look at the
frequency of the grading; and, (3) as a part of the
overall objectives, look at forming a district as a way
to fund it.
18
PUBLIC HEARING - LOITERING ORDINANCE (rescheduled from meeting_of
8/27/91)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the _J Court, was pub-
' .,
lished in said newspaper in the issues of i
NOTICE
The Board of County Conurpdrsosvlloners of Indian
Public HRim earing
Floridascheduled for hereby:05 a.mm.. on Tway.
September 17, 1991, to discuss the following pro-
posed ordlrhance entified:
AN ORDINANCE OF INDIAN RIVER CONN- _
TY, FLORIDA, MAKING R UNLAWFUL TO
LOITER M A PUBLIC PLACE M A MAN-
NER MANIFESTING THE PURPOSE OF
ILLEGALLY USING, POSSESSION OR
SELLING CONTROLLED SUBSTANCES.
Anyone who may wish to appeal any decision which
Zbe made at this meeting will need to ensure
that a verbatim record of the proceedings
which Includes -the tesltmony and upon
Which the appeal Is based. 828882
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this qday of D. 19 �
t
lBtdinesS Mar(ager)
.d.
--(Fier#-ef-ttitrEl mM-eourt-India RiverCounL4 Florida) .
(SEAL) •. ,-,.
807
Assistant County Attorney Terry O'Brien advised that this
ordinance was prepared at the request of the Sheriff's
Department. It reads the same as an ordinance that was recently
reviewed/approved by the DCA, and staff recommends adoption.
Chairman Bird opened the public hearing and asked -if anyone
wished to be heard in this matter.
Cheryl Ann Burke of the Substance Abuse Council spoke in
favor of the adoption of this ordinance. She wished to take this
opportunity to introduce the new president of the Council, Bob
SEP 1`77 1991 19
SEP J9,91 poor .344,
Horvan, who emphasized how helpful this ordinance would be in
getting the dealers off the street.
There being no others who wished to be heard, Chairman Bird
closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 91-40, making it unlawful to loiter in a
public place in a manner manifesting the purpose of
illegally using, possessing or selling controlled
-substances.
ORDINANCE 91- 40
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA MAKING IT UNLAWFUL TO LOITER IN A
PUBLIC PLACE IN A MANNER MANIFESTING THE
PURPOSE OF ILLEGALLY USING, POSSESSING OR
SELLING CONTROLLED SUBSTANCES.
WHEREAS, the use, possession and sale of controlled
substances by known persons on a regular basis occurs in certain areas
of the County; and
WHEREAS, a drug -loitering ordinance as set forth herein
has been upheld in a court of this state; and
WHEREAS, it would be in the public interest to have such
an ordinance in force in Indian River County,
NOW; THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
SECTION 1.
AMENDMENT.
A new section 306.08 is added to the Code of Ordinance of
Indian River County to read as follows:
Section 306.08 Manifesting the purpose of illegally using,
possessing or selling controlled substances
20
� � r
M
(1) It is unlawful for any person to loiter in a public place
in a manner and under circumstances manifesting the
purpose of illegally using, possessing, transferring or
selling any controlled substance as that term is defined in
Section 893.02, F.S. Among the circumstances which may
be considered in determining whether such a purpose is
manifested are the following:
(a) The person is a known illegal user, possessor or seller
of controlled substances or the person is at a location
frequented by persons who illegally use, possess,
transfer or sell controlled substances; and
(b) The person repeatedly beckons to, stops, attempts to
stop or engage in conversation with passers-by,
whether such passers-by are on foot or in a motor
vehicle,
for
the purpose of
inducing,
enticing,
soliciting
or
procuring another
to illegally
possess,
transfer or buy any controlled substances; or
(c) The person repeatedly passes to or receives from
passers-by, whether such passers-by are on foot or in
a motor vehicle, money, objects or written material for
the purpose of inducing, enticing, soliciting or
procuring another to illegally possess, transfer or buy
any controlled substances.
(2) In order for there to be. a violation of subsection (1) ,
the person's affirmative language or conduct must be such
as to demonstrate by its express or implied content or
appearance a specific intent to induce, entice, solicit or
procure another to illegally possess, - transfer or buy a
controlled substance.
(3)
No arrest
shall be
made for a
violation
of
subsection
(1)
unless the
arresting
officer first
affords
the
person an
opportunity to explain his conduct, and no one shall be
convicted of violating subsection (1) if it appears at trial
that the explanation given was true and disclosed a .lawful
purpose.
L� '? 19�
21
C�-� fAi,c •�'� d
-I
SEP 17 1E{oo�84
Fa E o'
(4) For the purpose of this section, a "known illegal user,
possessor or seller of controlled substances" is a person
who, within one (1) year prior to the date of arrest for
violation of this section, has within the knowledge of the
arresting officer been convicted of illegally manufacturing,
using, possessing, selling purchasing or delivering any
controlled substance.
SECTION 2. SEVERABILITY.
If any section, or if any sentence, paragraph, phrase, or
word of this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective on becoming law.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 17 day of
September
1991.
This ordinance was advertised in the Vero Beach Press -
Journal on the 27 day of August , 1991, for a public hearing to
be held on the 17 day of September , 1991, at which time it was
moved for adoption by Commissioner Scurlock and the motion
was seconded by Commissioner W h e e l e r and, adopted by the
following vote:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
�V
Richard N. Bird
Chair
1
Attest byZ� K. Barton
Clerk
22
APPROVAL OF EMS GRANT FOR FY -91/92
The Board reviewed the following memo dated 8/28/91:
TO: Board of County Commissioners
THRU: James Chandler
County A 'mIist ator
FROM: Doug Wright, Director
Emergency Services
DATE: August 28, 1991
SUBJECT: Approval of FY 91-92 EMS Grant
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
The Department of Health and Rehabilitative Services, Office of
Emergency Medical Services (EMS) is authorized by Chapter 401, Part
II, Florida Statutes, to distribute county grant funds. The funds
are then made available to eligible county governments to improve and
expand* their pre -hospital emergency medical services. The grant
program is an innovative process which enables EMS agencies to
enhance EMS systems through the Board of County Commissioners.
The EMS Grant has been prepared describing program needs and
proposing grant objectives as well as time frames for completion.
ALTERNATIVES AND ANALYSIS:
The county grant funds are derived from surcharges on various traffic
violations. Funding in the amount of $31,143 has been allocated to
Indian River County for FY 91-92. The grant funds will be utilized
as indicated in the grant for equipment and services to improve and
expand the Advanced Life Support EMS pre -hospital system.
RECOMMENDATION
Staff recommends approval of the FY 91-92 EMS Grant and resolution to
purchase the equipment and services as noted in attachments. Staff
further recommends that the Board of County Commissioners authorize
the Chairman to execute the necessary documents to obtain funds from
HRS in the amount of $31,143 and authorize budget amendments as -
required to receive and expend the grant funds.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the FY 91-92 EMS Grant, as set out in the above staff
recommendation, and adopted Resolution 91-146,
authorizing the application for funding County
Emergency Medical Services (EMS) awards to be submitted
to the State of Florida Dept. of Health and
Rehabilitative Services.
GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
23 PDOK P,1;tr�
SEP 17-1991
SEP •'�� "w 1,9"al
RESOLUTION NO. 91-146
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE APPLICATION FOR FUNDING COUNTY
EMERGENCY MEDICAL SERVICES (EMS) AWARDS TO BE
SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT
OF HEALTH.,AND REHABILITATIVE SERVICES.
1: f h11JE p�Q�R
WHEREAS, The Florida Department of Health and Rehabilitative
Services has announced that applications for funding County
Emergency Medical Services (EMS) awards are now being accepted and
fund allocations have been identified for Indian River County; and
WHEREAS, an application for funding has been prepared and
approved by the County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is
authorized to sign and execute the application for funding
certifying that monies from the County EMS Grant Program For
Counties will improve- and expand the County's pre -hospital EMS
system and that the funds will not be used to supplant existing
County EMS budget allocations.
The foregoing Resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Wheeler and upon being g put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Gary C. Wheeler _ Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman AYe
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 17 day of _September , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: , %�fL..
Rt c and N. Bird, Chairman
�T�
Jef y K. Bad%rton Clerk ----- ---
r•� � I_�:an �/`•
.A ' L �?�f �In i y
"l
rash IM
23a
TREASURE SHORES PARK PHASE I --AMENDMENT NO. 2 TO WORK
ORDER NO. 2
The Board reviewed the following memo dated 9/10/91:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Amendment No. 2 to Work Order No. 2
Treasure Shores Park Phase I
DATE: September 10, 1991
DESCRIPTION AND CONDITIONS
FILE: a2wo2.agn
O
Brad Smith Associates, Inc. is under contract with Indian
River County to provide professional services for the design
and construction of -Treasure Shores Park.
The Construction Phrase Services section of the project
Agreement requires that the Consultant make periodic visits
to the site to determine if work is proceeding in accordance
with the Contract Documents. Compensation for Construction
Phase Services is on an hourly rate basis for the actual
cost of services rendered ?up to a maximum total Not -to -
Exceed price of $3,540. .
Time was not allocated in the Construction Phase Services
for the Consultant to field locate pedestrian trails, palm
tree relocations, landscaping or irrigation. Field locating
pedestrian trails has minimized destruction of desirable
native vegetation and field staking palm tree relocations
has allowed us to utilize palms on site that were located in
areas that had to be cleared.
Through the use of an on-site County Inspector, clearing has
been minimized and more existing vegetation has been
retained on site than originally anticipated. The areas
that have been cleared of existing vegetation from
construction operations differ greatly from the original
site plan. The final landscape design will have to be
adjusted in the field to accommodate actual site conditions.
The amount of irrigation required on this project has been
greatly reduced and will also have to be adjusted in the
field to accommodate the actual site conditions and final
locations of plant material.
The cost of projected field time to field locate .pedestrian
trails, palm tree relocations, landscaping and irrigation is
$3,500. This, added to the current not -to -exceed amount
of $3,450 results in a new not -to -exceed amount of $7,040
for Construction Phase Services. The total compensation for
Work Order No. 2 is increased by Amendment No. 2 from
$39,125 to $42,625.
RECOMMENDATIONS AND FUNDING
It is recommended that Amendment No. 2 to Work Order No. 2
be approved. Funding to be from Account 311-210-572-033.13.
24
BOOK 4 FA UE J ,
SER 17 1991
SEP 17 J.1 -9i
HOOK 84 i,,j[,r 52
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board unanimously
approved Amendment No. 2 to Work Order No. 2,
as set out in the above staff recommendation.
AMENDMENT NO.. 2 TO WORK ORDER N0. 2 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
REQUEST FOR GRADING 104TH COURT IN VERO LAKES ESTATES
The Board reviewed the following memo dated 9/11/91:
TO: James E. Chandler,
County Administrator
FROM: James.W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Grading 104th Court
Vero Lakes Estates
BE: Letter to Board of County Comm.
DATE: September 11, 1991 from Mrs. CR Smith dated 6-12-91
DESCRIPTION AND CONDITIONS
During the regular May 14, 1991. meeting of the Board of
County Commissioners, staff recommended that the County
assume grading of approximately 13 miles of additional
unpaved roads in the Vero Lakes Estates Subdivision. At
that time, a field inspection. of -the area was conducted and
the roads which provide direct frontage to more than two
homes or were connecting- roadways were recommended to be
added to the grading route. _
At this time, Mrs. C.R. Smith, resident of 8245 104th Court,
is requesting that the County grade 104th Court from 83rd
Street to 81st Street and 104th Avenue from 83rd Street to
81st Street. There are two--fiouses fronting these roads.
ALTERNATIVES AND ANALYSIS
Staff has reviewed this request and performed the standard
numerical evaluation of criteria for acceptance of grading
unimproved roads. Staff usually recommends that a minimum
of 100 points be assigned to justify grading. In this.case,
a total of 65 points was assigned since only two houses
exist on the roadway. Mrs. Smith is requesting that a
one-time repair of the road be performed if frequent grading
- is not recommended. One-time repairs are not standard
Policy of the Public Works Department.
RECOMMENiDATIONS AND FUNDING
Since minimum warrants are not met, staff does not recommend_
that the two roads be added to the grader route.
25
E__
L
77 J
M
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously denied
the request for grading 104th Court in Vero Lake
Estates, as recommended by staff.
FINAL PAYMENT & RELEASE OF RETAINAGE - PETITION PAVING PROJECTS
FOR CARTER ASSOC., INC.
The Board reviewed the following memo dated 9/4/91:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director ,
and
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile,
Civil Engineer
SUBJECT: Final Payment and Release of Retainage - Petition Paving
Projects for Carter Associates, Inc.
DATE:.: September 4, 1991
DESCRIPTION AND CONDITIONS
The design of the following Petition Paving Projects by Carter
Associates, Inc. is complete: r_-
1) 84th Street - County Project #8639
2) 83rd Place - County Project #8640-
3)
8640-
3) Tropical Avenue - County Project #8641
4) Granada Gardens County Project #8627
As part of the work order for these projects, the Consultant will
have•to meet with the property owners to discuss the design. The
Engineering Division* will schedule this meeting at a later date.
The consultant has agreed to participate at this meeting.
At this time the Consultant is requesting final payment, including
release of the 10% retainage, in the amount of $5,320.00 as
withheld by the County via the agreement between the Consultant and
_ the County. Also $96.40 for blueprinting according to Section V.2
paragraph b. of the Master Agreement.
RECOMMENDATION AND FUNDING
Since the design work is complete and the consultant has agreed in
good faith to attend the final meeting with the property owners,
staff recommends final payment, including release of the 10%
retainage, in the amount of $5,320.00, plus $96.40 for blueprints
for a total cost of $5,416.40. Funding to be from Petition Paving
Account Fund 173.
26 pocir
SEP 17 1991
I
SEP 17 N91 �oaK E
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the release of the 10% retainage, as set out in the
above staff recommendation.
INSPECTION_ OF_WABASSO_CAUSEWAY-BRIDGE
The Board reviewed the following memo dated 9/16/91:
TO: _
FROM:
SUBJECT:
James E. Chandler,
County Administrator..
James W. Davis, P.E.,
Public Works Directo
Inspection of Wabasso Causeway Bridge (CR510)
DATE: September 16, 1991. FILE: inspbrd.agn
DESCRIPTION AND CONDITIONS
To assess expansion joint movement and minor cracking of
bridge piers, the County staff has located- a bridge
inspection vehicle which is already mobilized to South
Florida. The cost for the vehicle is estimated to be $6,600
only if it can be scheduled for use this Thursday, Sept. 19,
1991. If the machine is transported back to Georgia next
week, the cost would increase approximately $1,000 minimum
and as much as $4,000 depending on availability.
The County's bridge consultant, Post, Buckley, Schuh, and
Jernigan, Inc., has submitted a proposal for inspection and
engineering services at a cost not to exceed $14,420. The
County has an existing contract with this firm and the work
could be authorized by issuance of a Work Order and
identified as additional services.
ALTERNATIVES AND ANALYSIS
Staff has contacted the DOT to determine if the state's
inspection vehicle can be loaned to the County for this
work. Unfortunately, the DOT District IV vehicle is in
repair and cannot be made available. Staff and our bridge
consultants have received three additional proposals for
rental of the equipment, but all three are more costly.
The bridge consultants proposal has been reviewed by staff
and appears reasonable.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board approve rental of a bridge
inspection vehicle for a cost of not to exceed $6,600 (All
Crane Rental of Georgia), including operator, fuel, travel
expenses, etc. In addition, approval is recommended for
issuance of a Work Order to Post,• Buckley, Schuh, and
Jernigan, Inc. to provide inspection and engineering
services for the Wabasso Causeway Bridge. Funding to be
from 1991/92 Road and Bridge Division budgeted funds (111-
214-541-033.13).
27
7-7
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
the rental of a bridge inspection vehicle for a cost
not to exceed $6,600, as set out in the above staff
recommendation.
DEVELOPER'S AGREEMENT WITH RIVER BOAT CLUB AND PELICAN SHOPPES
DATE:
The Board reviewed the following memo dated 8/23/91:
AUGUST 23, 1991
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIN 7��
DIRECTOR OF UTILITY S RVICES
PREPARED WILLIAM F.
AND STAFFED CAPITAL PRO E_ ENGINEER
BY: DEPARTMENT O UTILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT BETWEEN RIVER BOAT CLUB
(CORPORATE LIFE INSURANCE COMPANY), PELICAN
SHOPPES-(RIVERSIDE VILLAGE CONDOMINIUM ASSOCIATION,
INC.), AND INDIAN RIVER COUNTY
INDIAN RIVER COUNTY PROJECT NOS. DS/ED-399 AND
CCS -392 -
BACKGROUND
We are proposing to construct a regional lift station, preliminarily
to be shared by the River Boat Club and Pelican Shoppes on north
U.S. 1. Originally both projects were designed to have separate
lift stations for each project. (See attached map for project
location.) In lieu of separate lift station construction, a
regional lift station will be constructed -to accommodate both
projects and future growth in the area (see attached agreement).
ANALYSIS
The Utilities Department proposes to contribute $17,160.00 in aid
for construction of the gravity line, which will interconnect the
two projects (see attachment - Exhibit C). This gravity
interconnect will allow us to serve 53rd Avenue, 52nd Court, and
93rd Avenue to the east by gravity; and by eliminating one of the
proposed lift stations, our annual maintenance costs will be cut.
We are proposing this joint venture not only"to eliminate one of the
originally -proposed lift stations, but to create a subregional lift
station to serve the immediate surrounding area. The developer of
the River Boat Club will escrow $32,000.00 for aid in construction
of the regional lift station,. while Pelican Shoppes Will pay all -
costs over that amount and physically construct the lift station and
associated force main. Please see the attached is a copy of the
Developer's Agreement and all associated exhibits for project _
details.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners execute the attached Developer's
Agreement and authorize that construction proceed.
28
SEP 17 1`91
L
SEP*J7 1991 BOOK S4 f * C a35C
Commissioner Scurlock was assured by staff that this was a
standard agreement.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Developer's Agreement with Pelican Shoppes and
Corporate Life Insurance Company, and authorized that
construction proceed, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
COUNTY ATTORNEY'S REPORT ON LIFTING THE BAN ON TRAIN WHISTLES
AT NIGHT
Attorney Vitunac advised the Board that they would be waging
a losing battle .to cantinue.fighting the emergency federal rule
lifting the train -whistle ban. He reported that an overwhelming
amount of evidence was presented by the U.S. Department of
Transportation at a hearing in Miami last Friday with a slide
show and statist-ical analysis based on 18 months of research.
All the evidence.given by the Federal Railway Administration
(FRA) pointed toward lifting the whistle ban along the Florida
East Coast Railway from Jacksonville to Miami. It showed that
train horns prevented deaths caused by people going around the
arms of the crossing gates. Some people decide they are not
going to wait and the horn is a sufficient warning to stop .them
from crossing. The preponderance of evidence proved that the
ban on train whistles has killed people, which is why the FRA
felt it was too important to even wait for the normal rule-making
process. Attorney Vitunac felt they convinced everyone in the
audience, except for perhaps Martin County and some people living
in condominiums near the tracks in North Miami. The FRA have
left open a comment period until October 15 if anyone wants to
submit factual arguments in writing. They will respond by
November 15, and if anyone still wants to go ahead with court
action, that would be in December. He believed that few, if any,
of the contestants want to go as far as court because of the
overwhelming evidence. He recommended that the County drop out
unless the Engineering Dept. has some real facts that would make
an argument. In addition to the emergency rule, the Legislature
is looking at reviewing and possibly abolishing the State law
that allowed the whistle bans in the first place.
Attorney Vitunac commented that he went to Miami with the
full intention of fighting the whistle ban, but came back
29
believing the County had to acquiesce to the federal rule. The
DOT's job is safety, and when safety and comfort clash, DOT has
to go to safety.
Commissioner Eggert noted that her practical experience has
shown her FEC trains sometimes blow their horns right at the
crossing, and she would like to see them sound it a little
sooner.
RESOLUTION IN OPPOSITION TO FLORIDA HOUSE BILL 2251 DEALING WITH
POLITICAL CONTRIBUTIONS AND CAMPAIGN_ FINANCING
Commissioner Wheeler felt that this resolution is fairly
self-explanatory, but pointed out that the new law proposed by a
Democratic governor and adopted by a predominantly Democratic
Legislature, requires candidates for county and judicial seats to
pay 1.5 percent of the annual salary of the job they are seeking.
Political parties and political action committees also will have
to start paying 1.5 percent of the contributions they receive.
The a-ssessments will go into a state fund, which contributes to
the campaigns of candidates running for state office regardless
of affiliation.
Commissioner Wheeler didn't feel the new law is very well
written. The rules regarding spending limits are not good enough
to be effective. For one thing, all political action committees
would have to pay 1.5% of their gross receipts into the state
fund, which contributes to the campaigns of candidates running
for state office regardless of political affiliation. The law
also allows money from the general fund to be used to fund
campaigns for state office. Commissioner Wheeler felt that
people -are fully capable of deciding who they want to support.
If they want to give to the governor and Cabinet, it is their
prerogative. He felt this is a non-partisan resolution although
there is a clause in it that says we support the Republican
party's efforts because they are the only party suing over this
law. Personally, he felt it is theft by legislation.
Commissioner Eggert agreed, but wished to say that one of
the things that she finds is that this is in total contrast to
the Governor's desire to localize things.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 91-147 in opposition to House Bill 2251
dealing with political contributions and campaign
financing.
30 ,�
SEP i.7 1991 MOK 8 rA�r $.fib i
EP I ` l 1991
BOOK F't?CE•�u
RESOLUTION NO. 91-_L4.7
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN OPPOSITION TO HOUSE BILL 2251
DEALING WITH POLITICAL CONTRIBUTIONS *AND
CAMPAIGN FINANCING.
WHEREAS, House Bill 2251 as passed by the 1991 Florida
Legislature makes provision for a 11% assessment on contributions made
to political committees and on candidate filing fees, and provides for the
1A assessment to be deposited into the Election Campaign Financing
Trust Fund which funds the races of -the Governor and Cabinet; and
WHEREAS, such assessment interferes with freedom of speech
rights guaranteed under Section 4 of Article I of the Florida State
Constitution; and
WHEREAS,
' such
an assessment
compromises rights
of
association and free
speech
guaranteed by the
First Amendment to
the
United States Constitution; and
WHEREAS, the stated intent of depositing funds in the
Election Campaign Financing Trust Fund i.5 to limit total expenditures in
campaigns for Governor, Lieutenant Governor and Cabinet, by only
allowing those candidates who limit their expenditures to obtain funding
from said special assessments; and
WHEREAS, this act does not accomplish its intended goals
since if any candidate exceeds the spending limits then all candidates
are released from the spending limits, regardless of the acceptance of
financing funded by said special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. We are opposed to the mandatory 11% assessment for they
i
purpose of financing gubernatorial and Cabinet campaigns.
2. We support the efforts of tyke Republican Party of Florida
to challenge these provisions of House Bill 2251.
3. We object to the attempt to shift political power and
resources from the local level to the state, by redistributing local
31
r
RESOLUTION NO. 91-: •147
r
political contributions to and for the benefit of the Governor and
Cabinet, while at the same time diluting the political process and
impinging on the ability of local candidates and committees to put forth
their message to the electorate.
4. We object to House Bill 2251's attempts to limit campaign
expenditures as inconsistent with the U.S. Supreme Court holding in
Buckley v. Valeo, 424 U.S. 1, wherein the Court held:
"A restriction on the amount of money a person or
group can spend on political communication during a
campaign necessarily reduces the quantity of
expression by restricting the number of issues
discussed, the depth of their exploration, and the
size of the audience reached. This is because
virtually every means of communicating in today's
mass society requires the expenditure of money."
The foregoing resolution was offered by Commissioner
Scurlock and seconded by Commissioner W h e e l e r , and, being, put
to a vote, the vote was as follows:
• Chairman Richard N. Bird . A +fie
Vice Chairman Gary C. Wheeler A�Le
Commissioner Margaret C. Bowman ALe
Commissioner Don C. Scurlock, Jr. ALe
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 17 day of September , 1991.
.BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Richard N. Bird, Chairman _
ATTEST:
Je K . Barton, Clerk
y
t V.
SEP* 171991
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY'C�.Ca
WILLIAM G. COLLINS II
ASST. COUNTY ATTORNEY
31a , n
Fr_
SEP 1
TRANSPORTATION PLANNING COMMITTEE_- SUMMARY OF ACTIONS
Commissioner Bowman read aloud the following summary of
actions:
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
September 11, 1991
The following is a summary of actions of the Transportation
Planning Committee meeting of 9/11/91:
1. CR -512 Update
After hearing that the Cityiof Sebastian rejected the twin
pairs project as "an. -`option for the eastern portion of
CR -512, and we are basically back to a study phase, the
committee member`s unanimously recommended to the Board of
County Commissioners- that- -they put the western portion on
hold until there is an acceptable plan for the eastern
portion.
IJWD:aw -
Ixc: Jim Davis
Commissioner Scurlock felt it is time for this Commission to
either go ahead and build the twin -pair project that is our staff
and consultant's recommendation or go ahead and abandon that and
defer to the wishes of the Sebastian City Council. As for
further studies, he didn't believe any study would ever convince
the City Council that the twin pair project would be the best
approach.
Public Works Director Jim Davis reported that he spoke
informally to the City staff and they are considering the concept
of building two 2 -way roads that would work similar to Royal Palm
Boulevard and Royal Palm Place here in Vero Beach. He noted
that traffic projections indicate that within 3 years we will be
at the Level of Service D capacity, which would trigger a look at
further development in that area. The Sebastian City Council
recently voted not to support the twin -pairs project and not to
include it in the study. The TPC are in favor of going ahead
with the twin -pairs project because it is the best approach
economically. They want to get going on it.
32
Commissioner Scurlock stressed that was the unanimous
decision at the TPC meeting he attended, so we are back to the
point of making a decision on going with the City's preference
and making peace with them or following the recommendation of our
staff and consultants.
Commissioner Wheeler suggested having another meeting with
the City of Sebastian and laying it all out to them again because
it seems it is a question that has to be addressed.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, that the Board directed staff
to coordinate a joint meeting with the City of
Sebastian and staff for sometime in November to
discuss the CR -512 twin -pair project.
0
Commissioner Wheeler wanted this meeting publicized so that
we get input from the public, and Director Davis suggested that
we also invite the Transportation Planning Committee.
DISCUSSION REGARDING THE DISINCORPORATION OF THE CITY OF
FELLSMERE AND THE TOWN OF ORCHID
Commissioner Eggert advised that she added this item to
today's Agenda at the request of State Representative Charles
Sembler who has received a petition signed by 125 people from a
citizen's group in Fellsmere who are trying to get the city
dissolved either through a special act of legislature or through
a referendum. Dawn Smith, Sembler's legislative assistant,
called -the attorneys in Tallahassee who said that if it is both a
special act and a referendum anybody can pay for having the
signatures counted -and verified because it doesn't become a
referendum until there isn't a special act involved any more. If
it is going just to referendum, then an action committee is going
to have to pay for the counting of signatures. Representative
Sembler would like to know what the opinion of the Board is on
this and would like the County Attorney to put together a special
act for the disincorporation.
Commissioner Scurlock wondered why the County would draft
the legislation rather than the state representative's office,
and Attorney Vitunac explained that when he was contacted by
some citizens of Fellsmere, he advised them he couldn't help them
unless they came before the County Commission and received
approval. He further advised them that their avenue was through
33 mor.
EP 17191
I
SEP 17 1991
mor S Frti.vE e
Representative Sembler's office because he could pass a special
bill, but before he would want to do that, he would want to see
some indication that everyone was in favor of that, which would
be a petition process. However, Mr. Sembler's office called and
said they are not really equipped to write any special bills. He
would be willing to work with them if the Board wishes.
Commissioner Eggert understood then that we need to tell the
petitioners from Fellsmere that they need to find or form an
action committee in order to pay for the petition signatures to
be properly counted and to be placed on the ballot on the City's
election next March. _
Attorney Vitunac advised that a special act has to be
advertised 30 days before it can be filed in the Legislature.• He
didn't know whether Fellsmere's city charter has a provision for
terminating the city, but their charter may require a petition if
the City Council won't put it on the ballot. If not, they can go
to Representative Sembler who has plenipotentiary power.
Ann Robinson, Supervisor of Elections, adv.ised that
Fellsmere's City Council can put the question of disincorporation
on the ballot at their regular election next March if they choose
to do that. The citizens could force it on the ballot, but in
order to do that properly, they would have to form a political
committee first. She believed that has not been done, according
to Ms. Smith. They have more than 100 signatures on petitions,
but because no political committee was formed to circulate those
petitions, they are considered informal. Therefore, they would
need to go back and do it again, because petition signatures are
dated in order to determine if they are valid. The political
action committee would then pay 104 a name to have the names
verified as registered voters.
Chairman Bird felt the citizens' group first should go and
present their feelings and request to the City Council, and then
if the City Council doesn't agree, go around that.
Commissioner Eggert pointed out that if they want to take
this issue before the Legislative Delegation, they would have to
move right along. The Legislative Delegation is scheduled to
meet here in these Chambers on October 17.
Discussion ensued in comparing the Fellsmere situation with
the Town of Orchid, and Commissioner Eggert noted that she was
very worried about the Town of Orchid and would like to see this
Commission be involved in the situation because any number of
things could come into that property such as rezoning, etc.
Chairman Bird recalled that we have argued this before, and
while he assumed the threat was there,.nofhing has happened to
34
M M M
bother him as far as what they have actually done. He did think
the area was certainly in distress right now with all the bad
publicity it has received and he would hate to put another nail
in the coffin by initiating a disincorporation of the Town during
this period of turmoil.
Commissioner Eggert felt that this could become a whole
different thing which may or may not be a residential
development.
Commissioner Wheeler's concern was if another company or
large corporation comes in and tries to increase height
restrictions, densities, etc., and Attorney Vitunac advised that
they still would have to comply with the Town's Comp Plan
requirements regarding infrastructure, limitations on the bridge
and AIA, etc.
Commissioner Scurlock added that there are 104 people who
have bought lots and have deed restrictions on their property
titles saying that is a residential development with a beach
club, etc. He emphasized that while the major property owner is
the developer, those 104 people now make up the population even
though most of them are not permanent residents who can vote.
Attorney Vitunac pointed out that eligible voters would have
one vote per lot, whether it is an average lot or a parcel.
Commissioner Wheeler asked what the approach would be
regarding the Town of Orchid, and Chairman Bird wanted to see us
take the same approach as with Fellsmere, that they take it to
their Town Council first.
Commissioner Eggert advised that any special act had to be
filed fairly quickly because this is something that would have to
go to the Legislative Delegation, but Chairman Bird didn't feel
that the Town of Orchid was going to want to disincorporate.
Commissioner Eggert advised that she needs to get back to
Representative Sembler on the feeling of the Board on the disin-
corporat'ion of the. Town of Orchid because this is something that
Representative Sembler has been contacted about.
As one Commissioner, Chairman Bird wasn't in favor of doing•
anything to initiate the disincorporation unless we hear from the
residents and the Town's Council that is what they want. He felt
it is a different situation than Fellsmere where we are hearing
that the residents want disincorporation.
Commissioner Scurlock wished to have more time to think
about this before making any decision, and Commissioner Wheeler
wished to communicate with the Town of Orchid about this as he
has some grave concerns. He recalled that 3 or 4 years ago we
asked the Legislative Delegation to consider the disincorporation
of the Town of Orchid, but it fell on completely stone•.deaf ears.
35
SEP 17 IW
II
SEP 1-7
VVV ff 1: u[
361
Commissioner Eggert felt she had the direction she needed.
There being no further business, on Notion duly made,
seconded and carried, the Board adjourned at 11:15 o'clock A.N.
ATTEST:
J. Barton, Clerk Richard N. Bird, Chairman
36
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M