HomeMy WebLinkAbout11/5/1991BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, NOVEMBER 5, 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
Dori 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 - Rev. David Mulford, Pastor
1st Presbyterian Church
3. PLEDGE OF ALLEGIANCE - Comm. Margaret C. Bowman
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Carm.Bowman req.the addn.of FEMA Regulations.
2. Chairman Bird req.addn of (2) items: (1)Blair Smith letter and (2)Dept.of
Natural Resources Workshop.
3. Coml.Scurlock req.Item R be removed fran Consent Agenda. (for discussion)
4. Comm. Bowman req.Item K be removed from Consent Agenda. '(for discussion)
5. PROCLAMATION AND PRESENTATIONS -
None
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
Received and placed on file in Office of Clerk
to the Board:
A. Annual Reports Ending Sept. 30, 1991 for the
Constitutional Officers of IRC, FL as follows:
Jeffrey K. Barton, Clerk of Circuit Court
Ann Robinson, Supervisor of Elections
Gene E. Morris, Tax Collector
David C. -Nolte, Property Appraiser
B. Copy of Budget, Year Ending Sept. 30, 1992, for
the Vero Lakes Water Control District
C. Notice of Public Hearing of Sebastian River
Water Control District, to be held on Tuesday,
December 3, 1991.
NOV 0 5 1991
WI 0 51991
BOOK 84 PAGE b5C
7. CONSENT AGENDA (cont'd):
D. Proclamation Designating Nov., 1991 as Nat'l.
Hospice Month in IRC, Florida
E. Proclamation Honoring C. Edwin "Ed" Lovell
F. Accept resignation of Edwin Lovell from Finance
Advisory Committee
(letter dated Oct. 17, 1991)
G. Re -appointment to. Alcohol, Drug Abuse, & Mental
Health Planning Council
(memorandum . dated October 28, 1991)
H. Removal of member from Transportation Disadvan-
taged Local Coordinating Board
(memorandum dated Oct. 17, 1991)
I. Release of Utility. Liens
(memorandum dated October 29, 1991)
J. Authorization for Lien to be Filed in Connection
with Demolition of Nuisance Structure
(memorandum dated October 18, 1991)
K. Release of Easement Request by: Woodbridge
Development Company, Woodbridge Subdivision,
Plat Book 13, pages 24 and 24A
(memorandum dated Oct. 10, 1991)
L. SJRWMD / _ IRC Intergovernmental Management Agree-
ment for the Oslo/FMEL Property
(memorandum dated October 23, 1991)
M. Consultant Selection for Archaeological Survey
(memorandum dated Oct. 17, 1991)
N. Request for Authorization to Implement a S.W.I.M.
Funded Shoreline Revegetation Project at Round
Island Park
(memorandum dated Oct. 22, 1991)
O. IRC Bid #92-33 / Clearing & Grubbing New Golf
Course
(memorandum dated October 29, 1991)
P. IRC Public Health Unit Final Change Order #6
(memorandum dated Oct. 21, 1991)
Q. Payment to Camp Dresser & McKee, Inc. for
Septage Sludge Study
(memorandum dated Oct. 30, 1991)
R. Miscellaneous Budget Amendment 002
(memorandum dated Oct. 30, 1991)
S. Excess Workers' Compensation Insurance Renewal
(memorandum dated Oct. 21, 1991)
T. Liquor Liability Insurance Renewal
(memorandum dated Oct. 21, 1991)
U. Sandridge Golf Club New Telephone System
(memorandum dated Oct. 21, 1991)
7. CONSENT AGENDA (cont'd):
V. Agreement, IRC & Ms. Dorothy Judah - Temporary
Sewer Service
(memorandum dated Oct. 9, 1991)
W. Resolution on Recycled Paper for Legal Pleadings
(memorandum dated Oct. 14, 1991)
X. Budget Amendment - Special Election, City of
Felismere
(memorandum dated Oct. 30, 1991)
8.. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Precinct 25, First Baptist Church, Winter Beach -
Request for fill dirt for parking lot '
(memorandum dated Oct. 30, 1991)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
Sale and/or trade of property adjacent to Tracking
Station Park
(memorandum dated Oct. 28, 1991)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Louis Schlitt Property Land Clearing
Adjacent to Rockridge S/D
(memorandum dated Oct. 25, 1991)
2. Request to establish dates for two evening
Board meetings to consider the "Third
Round" of LDR Amendments
(memorandum dated Oct. 28, 1991)
B. EMERGENCY SERVICES
1. Upgrading fuel storage capacity at public
health building for emergency generator -
special needs shelter - Budg. Amend. 003
(memorandum dated Oct. 28, 1991)
2. Approval of Bimedical Equipment Services
Agreement with Physio -Control
(memorandum dated Oct. 25, 1991)
C. GENERAL SERVICES
None
%0V 0 5199`
BOOK 64 FATE 6b 6
Fr.
NOV 051991
BOOK 84 PAGE 658
11. DEPARTMENTAL MATTERS (cont'd) :
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Resolution to provide for the paving and
drainage improvements to 10th Court SW
between 11th St. SW and 9th St. SW
(memorandum dated Oct. 28, 1991)
2. Special assessment road paving in Vero
Tropical Gardens Subdivision
(memorandum dated Oct. 25, 1991)
3. 53rd St. R -O -W Acquisition East of US 1
(memorandum dated Oct. 23, 1991)
4. I.R. Blvd. Ph. III Change Orders #3 & #4
(memorandum dated Oct. 29, 1991)
5. Treasure Shores Pk. Ph..I Change Order #1
(memorandum dated Oct. 29, 1991)
6. So. AIA Sidewalk Resident Observation
Services Amendment No. 1
(memorandum dated Oct. 28, 1991)
7. Purchase authorization - CR510 & SR AIA
R -O -W Acquisition
(memorandum dated Oct. 28, 1991)
8. FBIP Grant Application for Round Island
Park Improvements
(memorandum dated October 24, 1991)
H. UTILITIES
Eighth St. Water Main Extension
(memorandum dated October 14, 1991)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN GARY C. WHEELER
13. COMMISSIONERS ITEMS (cont'd):
C. COMMISSIONER MARGARET C. BOWMAN
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER DON C. SCURLOCK_ JR.
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
Air
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.
BOOK
1\10v 05 1991
9
Tuesday, November 5, 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, November 5,
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 were
James E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
Rev. David Mulford, Pastor First Presbyterian Church, gave the
invocation, and Commissioner Margaret C. Bowman led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Administrator Chandler requested that Item 11-G-3 be
moved up and discussed first because it involved the County
Attorney's actions at an auction of property which would take place
at 11:00 that morning.
Commissioner Bowman requested the addition under her matters
of a discussion regarding FEMA regulations.
Chairman Bird requested the addition of discussion of two
items of correspondence which called for directions to staff: (1)
a letter from Blair Smith and (2) a letter from the Florida
Department of Natural Resources about a Land Acquisition Workshop
scheduled on November 12.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously changed
the order of Item 11-G-3 and added the items as
described above.
BOOK'1 FACE ,.h
Nail 05 1991
NSP 0 5 1991
nor: PAGE 651
CONSENT AGENDA
Commissioner Scurlock requested the removal of Item R from the
Consent Agenda for discussion.
Later in the meeting Commissioner Bowman commented on Item K.
A., B., C. REPORTS
The following reports have been received and placed on file in
the office of Clerk to the Board:
A. Annual Reports Ending September 30, 1991 for the
Constitutional Officers of Indian River County, Florida, as
follows:
Jeffrey K. Barton, Clerk of Circuit Court
Ann Robinson, Supervisor of Elections
Gene E. Morris, Tax Collector
David C. Nolte, Property Appraiser
B. Copy of Budget for year ending September 30, 1992 for the
Vero Lakes Water Control District
C. Notice of Public Hearing of Sebastian River Water Control
District on Tuesday, December 3, 1991
D. Proclamation desicmatincr November 1991 as National Hospice
Month in Indian River County, Florida
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
proclaimed November 1991 as National Hospice Month
in Indian River County.
2
PROCLAMATION
DESIGNATING NOVEMBER, 1991
AS NATIONAL HOSPICE MONTH IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, hospice care has been demonstrated to be a
humanitarian way for terminally ill patients to approach the end
of their liven in relative comfort with appropriate, competent,
and compassionate care in an environment of personal
individuality and dignity; and
WHEREAS, the hospice concept advocates care of the patient
and family by attending to their physical, emotional, social, and
spiritual needs; and
WHEREAS, hospice care is provided by an interdisciplinary
team of physicians, nurses, social workers, pharmacists,
psychological and spiritual counselors, and community volunteers
trained in the hospice concept of care; and
WHEREAS, hospice care is proving to be an •effective and
economical alternative to unnecessary institutionalization 'for
many terminally ill people; and
WHEREAS, hospice care is rapidly becoming a full partner in
the nation's health care delivery system; and
WHEREAS, the enactment of a hospice benefit under Medicare,
which became effective November 1, 1983, makes it possible for
many more elderly Americans to have the opportunity to elect 'to
receive hospice care; and
WHEREAS, •there remains a great need to increase public
awareness of the benefits of hospice cares
NOW, THEREFORE,' "BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS; INDIAN RIVER COUNTY, .FLORIDA that the month of
November, 1991 be designated as
NATIONAL HOSPICE MONTH
in Indian River County, and the Board calls on all governmental
agencies, the medical community, churches and Community.
organizations to participate in appropriate forums, programs, and
activities designed to encourage countywide recognition of and
support for hospice, care as a humane response to the needs of
terminally ill people and their families, and as a viable
component of the healthcare delivery system in this county.
Adopted this 5 day of November, 1991.
3
NOV 0 51.991
BOARD.OF COUNTY COMMISSIONERS
INDIAN.RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
BOOK 84 FAL ,
40V 051991
E. Proclamation Honoring C. Edwin "Ed" Lovell
BOOK 84 PAGE bb
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
proclaimed that special thanks and appreciation be
given to C. Edwin "Ed" Lovell for his diligent
service on the Finance Advisory Committee.
PROCLAMATION
HONORING C. EDWIN "ED" LOVELL
WHEREAS, Indian River County would like. to express its
appreciation to C. Edwin "Ed" Lovell for serving on the Finance
Advisory Committee from January 18, 1984 to November 5, 1991; and
WHEREAS, C. Edwin "Ed" Lovell's support, guidance and
financial expertise made the financing of many capital projects a
reality; and
WHEREAS, C. Edwin "Ed" Lovell saved the County thousands of
dollars in the financing of these capital projects by utilizing
his underwriter's experience in dealing with rating agencies,
bond insurers, underwriters and bond counsel; and
WHEREAS, the many hours C. Edwin "Ed" Lovell spent working
with Indian River County on its finances were well beyond the
call of duty; and
WHEREAS, Indian River County residents have benefited and
will continue to benefit in the future from the financial
knowledge and assistance received from C. Edwin "Ed" Lovell:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that special
thanks and appreciation be given to C. Edwin "Ed" Lovell for his
diligent service on the Finance Advisory Committee.
Dated this 5th day of November, 1991.
4
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
F. Accept resignation of Edwin Lovell from Finance Advisory
Committee
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the resignation of Edwin "Ed" Lovell, with regret,
from the Finance Advisory Committee.
G. Re -appointment to Alcohol. Drug Abuse and Mental Health
Planning Council
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
confirmed Andy Bradley's reappointment for another
two-year term to the Alcohol, Drug Abuse and Mental
Health Planning Council.
H. Removal of Member from Transportation Disadvantaged Local
Coordinating Board
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously removed
Martha Daly from the Transportation Disadvantaged
Local Coordinating Board.
I. Release of Utility Liens
The Board reviewed memo from Lea Keller, CLA, dated October
29. 1991:
TO:
Board of County Commissioners
FROM: ;;Lea R. Keller, CLA, County Attorney's Office
DATE: October 29, 1991
RE:: ,.CONSENT AGENDA - B.C.C. MEETING 11/05/91
RELEASE OF UTILITY LIENS
•
tF: ! i
•
, I have prepared the following lien -related documents -anti request that'
the Board authorize the Chairman to sign them:
1.. : Satisfaction of Impact Fee Extension Lien
in the name of:
NUNLEY
STEER :...
5
NOV 051991
8
BOOK FADE 6D
ij5 (99
BOOK 14 FALL 655
2. `• •:.' Release of Special Assessment Lien from
',CITRUS GARDENS PROJECT in the name of:
-.BERRY' " j
3 : ` • -Releases'` of� Special Assessment Liens from
" UNINCORPORATED ROLL of NORTH COUNTY SEWER
PROJECT in the names of:
MICHAUD . ,...,„:;•...;.`.:v.
;.MARTEA/ENNIS •
4s Releases of SpeciaHP l Assessment Liens from •
"A -1-A (North. Beaches) PROJECT in the names of::
41
' KOCAB .. 1
1
SILVA/SIMON .`;t , ::.
LOWENSTEIN
DESSAUER •
/ OLSON
/ HERRIS
/
SHAMBORO
RIEDEL/DUISBERG
CUNNINGHAM
FOSTER
WILCOX/OZEE
5. Release of Special Assessment Lien from STATE
ROAD 60 SEWER PROJECT in the name of:
COUNTRYSIDE SOUTH (Lot 107)
6. Release of Special Assessment Lien from -
ROCK RIDGE SEWER PROJECT in the• name of:
SONNENSCHEIN
7. Release of Special Assessment Lien from
SIXTH AVENUE PROJECT in the name of:
KENNEDY GROVES, INC.
8. Releases of Special Assessment Liens from
SUMMERPLACE WATER PROJECT in the names of:
GOLDEY
MATTHEWS
9. Releases of several lots from Special
Assessment Lien for STATE ROAD 60
SEWER PROJECT in the name of:
HERON CAY
10. Release of Special Assessment Lien from
12TH STREET WATER PROJECT in the name of:
MEYER
Additional back-up information is on file in the County Attorney's
Office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the Satisfactions
and Releases of Liens as listed above.
--COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
6
J. Authorization for Lien to be Filed in Connection *with
Demolition of Nuisance Structure
The Board reviewed memo from Deputy County Attorney Will
Collins dated October 18, 1991:
TO: The Board of County Commissioners
FROM: W V William G. Collins II - Deputy County Attorney
DATE: October 18, 1991
SUBJECT: Authorization' for Lien to be Filed in Connection with
Demolition of Nuisance Structure
•
On August 6, 1991 the Board authorized demolition of an unsafe structure
located at 4056 Old Dixie Highway which was owned by Willie Bell Davis,
deceased. The nuisance abatement and demolition has occurred at a cost to
the County of $4,086.08.
RECOMMENDATION:
Authorize staff to record the attached lien for costs of nuisance abatement
and demolition.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized staff to record the lien against property
of Willie Bell .Davis, deceased, for nuisance
abatement and demolition, as recommended by staff.
SAID LIEN IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
K. Release of Easement Request by Woodbridge Development Company.
Woodbridge Subdivision, Plat Book 13, Pages 24 and 24A
The Board reviewed memo from Environmental Planning and Code
Enforcement Chief Roland DeBlois dated October 10, 1991:
7
NOV 051991
BOOK
FAL Uy'
r
NOV ®51991
oor 84 fauE 657
TO: James E. Chandler
County Administrative
DIVISION HEAD CONCURRENCE:
Robert M. Keati •, i P
Community Developme•Director
THROUGH: Roland M. DeBlois, Chief,
Environmental Planning and
Code Enforcement
FROM: Charles W. Heath014
Code Enforcement Officer
DATE: October 10, 1991
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Woodbridge Development Company
Woodbridge Subdivision, Plat Book 13, Pages 24 & 24A
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 5, 1991.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Woodbridge Development Company
through its president, Robert Mooney, owner of the subject
property, for the release of a twenty (20) foot portion of a
twenty-four (24) foot limited access easement and planting buffer
in Woodbridge Estates Subdivision, being the easterly twenty (20)
feet of the westerly twenty-four (24) feet, abutting the westerly
property boundaries of Lots 41 through 54, inclusive, Section 15,
Township 33 South, Range 39 East, Indian River County,. Florida;
according to the plat thereof as recorded in Plat Book 13, Pages 24
& 24A, of the Public Records of Indian River County, Florida.
The current zoning classification of the subject property is RS -6,
Single -Family Residential District. The Land Use Designation is
L-2, allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power and Light Company, United Artists Cable Corporation,
the Indian River County Utilities Department, and the Road and
Bridge and Engineering Divisions. Based upon their reviews, staff
has determined that there would be no adverse impact to drainage,
utilities or access to the subject property by releasing the
referenced easements.
RECOMMENDATION:
Staff recommends to the Board, through the adoption of a
resolution, the release of a twenty (20) foot portion of the
westerly twenty-four (24) foot limited access easement and
landscape buffer, Woodbridge Subdivision, being the easterly twenty
(20) feet of the westerly twenty-four (24) feet abutting the
westerly property boundaries of Lots 41 through 54, inclusive,
Section 15, Township 33 South, Range 39 East, Plat Book 13, Pages
24 & 24A, of the Public Records of Indian River County, Florida.
8
Commissioner Bowman was concerned about removing 24 feet of
vegetation across 14 lots. She felt that if we want to keep Indian
River County green we need to preserve vegetative buffers.
Community Development Director Bob Keating explained that this
is a case where this subdivision created double frontage lots and
we have a specific buffer requirement for double frontage lots.
The applicant has the ability to either create a six -foot -high berm
with vegetation, which would require a 24 -foot -wide area, or he can
do a fence. In this case he opted for a fence with some vegetation
and therefore we can release some of the required buffers so they
can put swimming pools back there.
Commissioner Scurlock clarified that, in fact, they are not
really removing all the vegetation.
Commissioner Bowman felt the land development regulations
should incorporate something to encourage more vegetation.
Director Keating said the new buffering requirements are
better.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 91-166 abandoning certain easements in
the Woodbridge Estates Subdivision, as recommended
by staff.
RESOLUTION NO. 91-166
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ABANDONING CERTAIN
EASEMENTS IN THE WOODBRIDGE ESTATES
SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 13,
PAGES 24 & 24A OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA.
} WHEREAS, Indian River County has easements as described
below, and
WHEREAS, the retention of those easements serves no
public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
9
SOV 05 1991
BOOK
.; "��r+�as
0'
FACE 6Do
N a\! 0 5199'
BOOK U FM E tJb9
This release of easement is executed by Indian River
County, Florida, a political subdivision of the State of Florida,
whose mailing address is 1840 25th Street, Vero Beach, Florida
32960 Grantor, to Woodbridge Development Company, A Florida
Corporation their successors in interest, heirs and assigns, whose
mailing address is 1396 U.S. Highway #1, Vero Beach, Florida 32960
Grantee, as Follows:
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described limited access
easement and landscape buffer:
The easterly twenty (20) feet of the westerly twenty-four
(24) Leet of Woodbridge Subdivision, abutting the
westerly property boundaries of Lots 41 thru 54
inclusive, as recorded in Plat Book 13, Pages 24 & 24A of
the Public Records of Indian River County, Florida.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock
, seconded by Commissioner Eggert
and adopted on the 5 day of Nov. , 1991, by the following
Ay e
vote: Commissioner Eggert
Commissioner Wheeler
Commissioner Bird
Commissioner Bowman
Aye
Aye
Aye
Commissioner Scurlock Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5 , day of November , 1991.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, .0..•
FLORIDA '`:•
By
Richard N. Bird,
Ch
Attest By
Jeffrey K. Bartoii';L:
Clerk
10
L. SJRWMD-IRC Intergovernmental Management Agreement for the Oslo-
FMEL Property
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated October 23, 1991:
TO: James E. Chandler
County Administrator
FROM:
DATE:
RE:
DEPARTMENT HEAD CONCURRENCE
09
Robe t M. Keat
Community Develhpme
Roland M. DeBloisll
Chief, Environmental
October 23, 1991
P
Director
CP
Planning
SJRWMD/Indian River County
Intergovernmental Management Agreement
for the Oslo/FMEL Property
It is requested that the data herein be given formal consideration
by the Board of County Commissioners at their regular meeting of
November 5, 1991.
DESCRIPTION AND CONDITIONS:
On August 21, 1991, the County and the St. Johns River Water
Management District (SJRWMD) purchased the "Oslo/FMEL Property"
(north of Oslo Road, east of US #1), with each party acquiring an
undivided one-half interest. .
In sharing the cost of the public acquisition, it was agreed by
both parties that the SJRWMD and the County would coordinate on the
approval of the property's management plan; however, Indian River
County alone would be responsible for the management and
maintenance of any recreational areas and facilities established on
the property.
The attached Intergovernmental Management Agreement for the Oslo
/FMEL property is modeled after similar SJRWMD management
agreements with other local governments. Once the agreement is
approved and executed, the next step will be the development of a
property management plan, within the coming year. It is requested
that this agreement be brought before the Board for their approval.
ALTERNATIVES & ANALYSIS:
The main points of the proposed management agreement are summarized
as follows:
• The term of the agreement is for 30 years.
• Water resources on .the property will be
maintained or enhanced, with. no activities
allowed on the site that would be detrimental
to the property's wetland resources
(passive/non-consumptive recreational use is
allowed).
11
LOU 05 1991
Ror;K 0'�. FACEtii
WO 051991
BOOK 84
• A mutually acceptable management plan for the
property shall be developed within one (1)
year from the effective date of this
agreement. The SJRWMD will be primarily
responsible for drafting the portion of the
plan relating to wetland management, with the
County primarily responsible for drafting the
plan for areas outside of the wetland.
F'JuC 671
• The County shall bear cost of the planning,
construction, operation and maintenance of any
recreational facility established on the
property.
The Intergovernmental Management Agreement was reviewed and
discussed at the County Land Acquisition Advisory Committee (LAAC)
meeting of September 25, 1991. LAAC voted to authorize staff to
bring the agreement to the Board for approval and execution.
The draft agreement has been reviewed and approved by the county
risk manager and county attorney staff for sufficiency.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
the Board Chairman to execute the Intergovernmental Management
Agreement with SJRWMD for the Oslo/FMEL property.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the
Intergovernmental Management Agreement with SJRWMD
for the Oslo/FMEL property, as recommended by staff.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
M. Consultant Selection for Archaeolocrical Survey
The Board reviewed memo from Senior Environmental Planner
Christine Panico dated October 17, 1991:
12
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. eat g,P
Community Deve1 pm t Director
THROUGH: Roland DeBlois AICP
Chief, Environmental Planning
FROM: Christine Panico
Senior Environmental Planner
1
DATE: October 17, 1991
SUBJECT: Consultant Selection
for Archaeological Survey
It is requested that' the information herein presented be given
formal consideration by the Board of County Commissioners at their
regular meeting of November 5, 1991.
DESCRIPTION AND CONDITIONS':
At their July 23, 1991 meeting, the Board of County Commissioners
authorized planning staff to initiate the process for selecting a
-consultant to perform an archaeological survey of unincorporated
Indian River .County. The total project budget as stated in the
executed Historic Preservation Grant Agreement is $17,000 on a
50/50 matching basis; $8,500 state match and $8,500 county match.
The county match includes $2,500 in-kind support services and
$6,000 in cash. The project budget. provides for $14,500 to be
expended on consulting services.
The request for proposal (RFP) which was approved by the Board of
County Commissioners on July 10, 1991 was advertised and
distributed on August 14, 1991.
ALTERATIVE AND ANALYSIS
Four proposals were submitted in response to the RFP.
submitting proposals were Piper Archaeology/Janus
Archeological and Historical Conservancy, Inc.
Archaeological Services, Inc.; and Archaeology
University of West Florida.
The firms
Research;
; Florida
Institute,
On October 11, 1991, the Archaeology Institute, University of West
Florida, notified planning staff that they needed to withdraw from.
the consultant interviews.
On October 14, 1991., the county Historic Resources Advisory
Committee, sitting as the selection committee, met and heard
presentations from the remaining three consultant firms. Based upon
the submitted proposals and presentations,•the selection committee
ranked the firms as follows:
1. Archaeological and Historical Conservancy Inc.
2. Florida Archaeological Services, Inc.
3. Piper Archaeology/Janus Research
13
L NV 05 1991
BOOK 84 FAuE 1472
Pr -
N OV 0 5 1991
BOO
t�
Archeological and Historical Conservancy, Inc. was the overwhelming
choice of the selection committee because of the firm's knowledge
and experience in archaeological resource surveying throughout
Florida; their willingness and flexibility in working with the
public, volunteers and county staff throughout the project; and
their acknowledgement of the unique characteristics of Indian River
County's archaeological resources.
RECOMMENDATION
The staff recommends that the Board of County Commissioners accept
the consultant selection committee's ranking and authorize the
staff to negotiate a contract and detailed scope of services with
Archeological and Historical Conservancy, Inc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized staff to negotiate a contract and
detailed scope of services with Archeological and
Historical Conservancy, Inc., as recommended by
staff.
N. Request for Authorization to Implement a SWIM -Funded Shoreline
Revegetation Project at Round Island Park
The Board reviewed memo from senior Environmental Planner
Christine Panico dated October 22, 1991:
TO:
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
(,;',1244"
Robert M. —ea't g,#P
Community Developm t Director
THROUGH: Roland DeBlois;',AICP,
Chief, Environmental Planning
FROM: Christine PanicoC.f
Senior Environmental Planner
DATE:. October 22, 1991
SUBJECT: Request for Authorization to
,Implement a S.W.I.M. Funded
Shoreline Revegetation Project at
Round Island Park
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 5, 1991.
14
DESCRIPTION AND CONDITIONS:
•
The state Surface Water Improvement and Management (SWIM) Program
for the Indian River Lagoon has made available funding for projects
of local concern. This funding is available on a 70/30 match
basis; 70% SWIM funds 30% local funds. 'SWIM funds are
administered through the St. Johns River Water Management District
(SJRWMD) and their subcontractor, Florida Institute of Technology
(FIT), Civil Engineering Department. The program requires that
proposed projects be approved by the appropriate local .Indian River
Lagoon Watershed Action Committee.
The county appointed Marine Advisory Narrows Watershed Action
Committee (MANWAC) selected the attached revegetation project for
the Indian. River Lagoon shoreline at Round Island Park as a
candidate for SWIM funding. The attached proposal describes the
existing shoreline conditions, proposed revegetation and project
budget. This matter is presented before the Board of County
Commissioners for their consideration to approve the allocation of
local funds, in the form of in-kind services, as the required local
match for the proposed SWIM grant.
ALTERNATIVES AND ANALYSIS:
Exotic nuisance vegetation (specifically Brazilian pepper and
Australian pine) has invaded the lagoon shoreline of Round Island
Park over the years. •There are existing red mangroves along.most
of the lagoon shoreline, but their growth is stunted and threatened
by the presence of .the exotic vegetation. Brazilian pepper has
taken advantage of freeze damaged mangroves and disturbed areas,
invading the shoreline and destabilizing' the banks. As Round
Island Creek experiences increasing boating activity in the future,
the stability of the lagoon shoreline will become more crucial.
The Round Island Park Shoreline Revegetation Proposal, meets- the
criteria. set by SJRWMD for funding as a "Project of Local. Concern",
as described in the attached letter to Gary Wheeler, October 15,
1990. This project proposal addresses the issue of shoreline
management and has a strong potential to improve water quality and
habitat values.
The lagoon revegetation project at Round Island Park is designed to
be more than just a County park project; it is designed to be a
pilot project for similar lagoon shorelines on which nuisance
exotic vegetation has invaded natural systems and threatens the
stability of the lagoon shoreline. The proposed revegetation
project will provide an opportunity for public awareness and
education on lagoon shoreline management.
Environmental planning staff has reviewed the project with the
Public Works Department to ensure .that the proposed shoreline
revegetation will not interfere with future plans and grants for
park and boat ramp .improvements. The proposed shoreline
revegetation will enhance the Round. Island. Park lagoon shoreline,
both ecologically and aesthetically.
MANWAC selected this project for submittal as 'a SWIM project of
local concern on May 30, 1991. The Parks & Recreation Committee
voted to support the MANWAC project on June 6, 1991.
The project proposal was submitted to St. Johns River Water
.Management District in June, 1991 by county environmental planning
staff on behalf of the Marine Advisory Narrows Watershed Action!
Committee. Project review and authorization by SJRWMD staff was
delayed due to staff turn -over at the District. On October 24,
1991 county staff received notification from SJRWMD approving SWIM
funding in an amount up to $9200 for the Round Island Park
,Shoreline Management Project. ,..
15
NOV 0 5 i991
FA iliE
Nov 0 5 1991
EooK 84 F;,cc6 /5
Contractual land clearing services and native plants totaling
$9,200 will be purchased with funding from the Indian River Lagoon
SWIM program. In-kind services committed by the County would total
a maximum of $4,000. Services provided by volunteers are eligible
toward the in-kind match. Budget details are included in the
attached proposal and a break down of in-kind services is provided
in the attached table.
RECOMMENDATION: y, '
'Staff recommends that the Board of County Commissioners authorize
'the implementation of the shoreline revegetation project at Round
Island Park and approve the in-kind services as outlined in the
attached proposal to satisfy the required local match.
In addition., staff recommends that contractors providing services
to the Round Island shoreline project provide verification of
insurance coverage to the County Risk Manager.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the implementation of the shoreline
revegetation project at Round Island Park with the
provisions outlined and recommended by staff.
O. IRC Bid #92-33 - Clearing and Grubbing New Golf Course
The Board reviewed memo from Purchasing Manager Fran Boynton
dated October 29, 1991:
DATE:
OCTOBER 29, 1991
TO: BOARD OF COUNTY COMMISSIONERS
James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Fran Boynton, Purchasing Manager 0
SUBJ: IRC Bid #92-33/Clearing & Grubbing New Golf Course
Public Works Department
. THRU :
BACKGROUND INFORMATION:
Bid Opening Date:
Specifications mailed to:
Replies:
October 16, 1991
Fourteen (14) Vendors
even (7)
BID TAB BASE BID
Guettler & Sons $ 82,700.00
Ft Pierce, F1
Sunshine Land Design $ 96,742.00
Stuart, Fl ' •
Eighteen Construction Co. $156,440.00
'Jacksonville, F1
16
GSR Heavy Construction
Deerfield Beach, Fl
Sheltra & Sons
Indiantown, Fl
Armond Incorporated
Ft Meyers, Fl
Martin Paving
Vero Beach, F1
TOTAL AMOUNT OF BID:
BUDGETED AMOUNT: $100,000.00
SOURCE OF FUNDS:
Sandridge Golf Course New 18 Account. (418-000-169-018.00)
RECOMMENDATION:
Staff recommends that.the bid be awarded to Guettler and Sons
Incorporated as the lowest, most responsive and responsible
bidder meeting specifications.
In addition, staff requests the Board's approval of the attached
agreement when all requirements are met and approved as to form
by the County Attorney.
$168,800.00
•
$216,800.00
$228,600.00
$249,700.00
$ 82,700.00
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
IRC Bid #92-33 to Guettler & Sons, Inc., in the
amount of $82,700, and authorized the Chairman to
sign the agreement, as recommended by staff.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
P. IRC Public Health Unit Final Change Order #6
The Board reviewed memo from General Services Director Sonny
Dean dated October 21, 1991:
17
NOV 051911.
BOOK
40 1991
PooK
84F'A,c6/7
DATE: OCTOBER 21, 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROZ4: H.T. "SONNY" DEAN, DIRECTOR,
DEPARTMENT OF GENERAL SERVES
•
SUBJECT: INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
FINAL CHANGE ORDER - NUMBER 6
BACKGROUND:
The following items are hereby submitted as Change Order Number Six
on the subject project, which will necessitate a change in the
contract with Miorelli Engineering and Indian River County:
Item No. 1 - Additional Cabinets. Architect determined extra
cabinets were required but the elevations were missing
in a few rooms and detail was not adequate. Cost of
$1,801.79 and no additional time.
Item No. 2.- Credit for Maple Trees. Fourteen trees did not meet`;'
specified grade. A credit of $2,124.00 was given the
County.
Item
No.
3 - .• . Add 4 fire alarm chime/strobes. During f4nal •
inspection the Fire Marshall indicated the fire alarms
did not meet the decibel .level required. Cost of.
$1,800.00 and no additional time.
Item No., 4 -';` Revise retention pond. .After completion the retention"
pond did not function as designed. Additional work
was required to remove poor soil and replace with sand
that would accommodate percolation. Cost of
$15,938.00.
Item No. 5 - Credit for monies not used in hardware and graphic
allowances. Credit of $6,875.12.
Item No. 6 - Change Order No. 5, authorized removal and replacement
of Doors 118A and 118B. The cost' was less than
anticipated. Credit of $1,451.00.
Net affect on the original contract is an increase of $9,089.67 or a
total contract price of $2,453,995.67.
RECOMMENDATIONS:
Staff recommends approval of Change Order Number Six and requests
authorization for the'Chairman to execute the applicable documents.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 6 for IRC Public Health Unit and
authorized the Chairman to sign the document, as
recommended by staff.
SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
18
O. Payment to Camp Dresser & McKee, Inc., for SeDtage Sludge Study
The Board reviewed memo from OMB Director Joe Baird dated
October 30, 1991:
TO: Members of the Board
of County Commissioners
DATE: October 30, 1991
SUBJECT: PAYMENT TO CAMP DRESSER & McKEE INC. FOR
SEPTAGE SLUDGE STUDY - CONSENT AGENDA
FROM: 'Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Camp Dresser & McKee Inc. did the financial feasability for the septage sludge facility
which was incorporated in the $9,205,000 Bond Issue documents. Expenses for the study
were also included in the bond issuance costs. After reviewing the Board of County
Commissioners records we cannot find where it was approved. Camp Dresser & McKee
Inc. has completed the study and a reasonable amount of $10,000.00 was agreed upon by
staff.
RECOMMENDATION -
Staff recommends that the Board of County Commissioners authorize the $10,000.00
payment to Camp Dresser & McKee Inc. for the septage sludge facility study.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized payment of $10,000 to Camp, Dresser &
McKee, Inc., for the septage sludge facility study,
as recommended by staff.
R. Miscellaneous Budget Amendment 002
The Board reviewed memo from OMB Director Joe Baird dated
October 30, 1991:
19
1t4OV 0 5 1991
tAyor 84 FEU 10
',0v 051991
00)O'K
64 FrjGL 679
TO: Members of the Board
of County Commissioners
DATE: October 30, 1991
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 002 - CONSENT AGENDA
FROM: Joseph A. Baird q
OMB Director
DESCRIPTION AND CONDITIONS
1. Hazardous Materials Emergency Planning Agreement as
approved by the Board of County Commissioners on September
9, 1991 for FY 1991/92.
2. EMS Grant approved by the Board of County Commissioners on
September 17, 1991 and adjusting for amount received.
3. Fellsmere concession stand was rebid at the end of the 1990/91
fiscal year due to the lack of bidders and the costs being more
than expected. -The attached entry appropriates funding by
moving the $30,000 that was budgeted in the 1990/91 fiscal year
and adding the surplus of $10,000 from the racketball courts. •
4. Environmental Control Board had a 4 x 4 pick-up in their 1990/91
budget. The vehicle bid was awarded; however, we did not
receive the automobile until the 1991/92 fiscal year..The'attached
entry appropriates the funding in the amount of $11,745.00.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment.
1 -
Commissioner Scurlock was concerned that we are buying four-
wheel-drive vehicles when, perhaps, they are not really needed.
Director Baird explained this particular vehicle is for the
Environmental Control Board.
Commissioner Scurlock stated he wanted to voice his concern
and that we should buy vehicles that are appropriate to the task.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
-Budget Amendment 002 dated October 30, 1991, as
recommended by staff.
20
'O: Members of the Board
of County Commissioners
ROM: Joseph A. Baird
OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 002
DATE: October 30. 1991
:ntry
lumber!
;
Funds/Department/Account Name Account Number Increase
Decrease
=REVENUE
1.
ral F
'GeneFund/EMS
;Hazard. Mat. Emera. Plan. Grant 001-000-334-292 00 $ 12.292
S
0
,'General
Fund/EMS
!EMS Matching Grant 001-000-334-291.00 S 0
S 6.150
_
i
!EXPENSE
;General Fund/EMS
!Office Furniture & Equin. 001-208-525-066.41 $ 4.292
S
0
'Other.' Oneratina Supplies 001-208-525-035.29 S 1.850
S
0
1[
IREVENUE _
.
2.
'General Fund/ALS.
!EMS Grant 001-000-334-290 00 S 5-773
S
0
I
!EXPENSE
;General Fund/ALS
!office Furniture and Eauipment
001-253-526-066.41,S 4..448
$ 1.325
S
S
0
0
Other Machinery & Eauinment 1001-253-526-066.49
3. jREVENUE
1
;M.S.T.U./Revenue
!Cash Forward .004-000-389-040.00 S 40.000
S
0
'EXPENSE
IM.S.T.U./Parks
!Other
.. ... _ .- •
Improv. Except Buildings 004-108-572-066.39 S 40,000
S
0
•
4. 'REVENUE
.•
!GENERAL
FUND/Revenue
Cash Forward
001-000-389-040.00 $ 11-745
S 0
.EXPENSE
•
;GENERAL
;Automobile
FUND/Envir. Control Bd.
01-212-592-066,42_$
11,745
S 0
S. Excess Workers' Compensation Insurance Renewal
The Board reviewed memo from Risk Manager Beth Jordan dated
October 21, 1991:
21
Dov 0 5 1991
EOOK 84 FAuE b L
NOV 05
991
BOOK
c4 F4E. )
TO: James E. Chandler, County' Administrator
THRIIs. Jack Price, Personnel Director
FROM: Beth Jordan, Risk Manage '
DATE: 21 October 1991
SUBJECT: Excess Workers' Compensation Insurance Renewal'='
This is written to request Board consideration on the November 5,
1991, consent agenda for renewal of the excess workers'
compensation insurance coverage for County employees.
Safety National Insurance Company, the incumbent carrier through
Arthur J. Gallagher & Company, has offered a renewal at 31 cents
per $100.00 payroll, or a rate reduction of 6.5 per cent from 1990-
91 rates. While manual workers' compensation premiums have
increased over 38 per cent since the County began its self-
insurance program, Indian River County's overall increase during
the past four (4) years has been only one (1) per cent.
Safety National has requested an increase 'in the self-insured
retention from $200,000.00 to $225,000.00 which both staff and the
County's actuaries believe to be in line with an excess insurance
program. A number of similarly situated counties have retentions
of $300,000.00 to $500,000.00.
Staff recommends renewal of this coverage with Safety National at
an annual premium of $93,930.00.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously renewed
the excess workers' compensation insurance coverage
for County employees with Safety National at an
annual premium of $93,930, as recommended by staff.
T. Liquor Liability Insurance Renewal
The Board reviewed memo from Risk Manager Beth Jordan dated
October 21, 1991:
TO:
TRW:
FROM:
••James E. Chandler, County Administrator.
•• Jack Price, Personnel Director
Beth Jordan, Risk Manager
DATE: 21 October 1991::•
SUBJECT: Liquor Liability Insurance Renewal
This is written to request Board consideration on the November 5,
1991, consent agenda for renewal of the liquor liability insurance
coverage at Sandridge Golf Club.
Acceptance Insurance Company, the incumbent carrier through the
Florida League of Cities, has offered to renew the existing
coverage for an annual premium of $2,230.00, a $124.00 increase
over the 1990-91 premium.
Staff recommends renewal of this coverage.
22
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously renewed
liquor liability insurance coverage at Sandridge
Golf Club with Acceptance Insurance Company for an
annual premium of $2,230, as recommended by staff.
U. Sandridge Golf Club New Telephone System
The Board reviewed memo from Golf Director Bob Komarinetz
dated October 21, 1991:
DATE: '
TO: MEMBERS OF THE BO
FROM:
OCTOBER 21, 1991
BOB KOMARINET
OF(iCOUNTY COMMISSIONERS
CTOR OF GOLF
SUBJECT: SANDRIDGE GOLF CLUB NEW TELEPHONE SYSTEM
DESCRIPTION AND ANALYSIS
On September 24,.1991 the Board of County Commissioners approved
the purchase of an Automated Tee Time System for Sandridge Golf -
Club. The cost of the system is $14,667.00.
•
The Tee Time System will function properly with the -present-
telephone equipment, however, staff feels that it is necessary to
add a function, - which would allow customers to speak to a Pro.:
Shop staff member as an option. This feature is not available on
;the present system..----•,;. :_; 4
ALTERNATIVES
In order to add this feature it will be necessary to purchase a
new:..phone.=._sys-tem.__. This : phone :system- .-will -not only give •:.this
additional feature but other options that would be necessary when
the Clubhouse is expanded next fall.
The new phone system estimated cost will be between $4,000.00 and
$5,000.00. Our original budget estimate for the Tee Time System
was $20,000.00.
RECOMMENDATION
Staff recommends to purchase a new phone system for Sandridge
Golf Club.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the purchase of a new telephone system for Sandridge
Golf Club, estimated cost to be between $4,000 and
$5,000, as recommended by staff.
CONTRACT FOR TEE TIME SYSTEM IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
23
NOV 05 199
ROOK
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•
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POOK PAGE 683
V. Agreement Between IRC and Ms. Dorothy Judah - Temporary Sewer
Service
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 9, 1991:
DATE:
TO:
OCTOBER 9, 1991
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
SUBJECT:
AGREEMENT
INDIAN RIVER COUNTY AND MS. DOROTHY JUDAH
TEMPORARY SEWER SERVICE
PREPARED AND STAFFED BY: WILLIAM F. cCAIN
CAPITAL PRO NGINEER
DEPARTME TILITY SERVICES
BACKGROUND
Ms. Dorothy Judah has requested that temporary service be. installed
from the sewer line on Roseland Road to service her property .at-
13685 77th Terrace, Sebastian, Florida 32958, ;prior to..,the:
installation of a sewer line on 77th Terrace. '• • ' •
ANALYSIS
.11
The Agreement states that the Indian River County Department., of'
Department,
Utility Services (IRCDUS) shall provide temporary sewer service to
Ms. Dorothy Judah until such time that a sewer line is constructed
on 77th Terrace by assessment. She agrees to pay all fees required
to make this connection. She further agrees to participate in the
assessment and to reconnect to this sewer line as required by
IRCDUS.
RECOMMENDATION
The Department of. Utility Services recommends that the Board, of
County Commissioners approve the attached Agreement with Ms. Dorothy
1Judah on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the agreement with Ms. Dorothy Judah for expedited
temporary sewer service, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
24
W. Resolution on Recycled Paper for Legal Pleadings
The Board reviewed memo from Recycling Coordinator Sam
Rohlfing dated October 14, 1991:
DATE: OCTOBER 14, 1991
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO, DIRECTOR
SOLID WASTE DISPOSAL DISTR
ZL
FROM: SAM ROHLFING, RECYCLING COORDINATOR
SOLID WASTE DISPOSAL DISTRICT
SUBJECT: RESOLUTION ON RECYCLED PAPER FOR LEGAL PLEADINGS
BACKGROUND:
In May of this year, the Florida Bar's Board of Governors
decided, by a close vote, against an amendment to require
legal pleadings be filed on recycled paper. As recycling
'professionals, we are deeply aware of the need to stimulate
the market for recycled products. In July, the Broward
County Board of Commissioners passed a resolution urging
that the Bar Board reconsider and reverse its stand.
Broward has suggested other Florida counties do the same, to
"make a much stronger case." It would be a significant
accomplishment if the inherent demand for paper in the legal
profession could be channeled from virgin stock to recycled.
RECOMMENDATION:
Staff requests that the Indian River County Board of County!
Commissioners adopt the attached resolution, to beforwardedl
to the Florida Bar's Board of Governors.
•
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 91-167, asking the Florida Bar Board of
Governors to reconsider and reverse its decision
regarding recycled paper.
RESOLUTION 91- 167
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, ASKING THE
FLORIDA BAR BOARD OF GOVERNORS TO RECONSIDER AND
REVERSE ITS DECISION NOT TO SUPPORT THE AMENDMENT
OF THE FLORIDA RULES OF JUDICIAL ADMINISTRATION
COMMITTEE TO REQUIRE THAT LEGAL PLEADINGS BE FILED
ON RECYCLED PAPER; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Indian
River County, Florida supports the enhancement of the market
for recycled paper; and
25
NOV 05X91
EO K c F J
I34
Pr-
NOV 05 1991
BOOK 8
WHEREAS, the Florida Bar Board ok Governors at its May
10, 1991, meeting did decline to support the Bar's Florida
Rules of Judicial Administration Committee's proposal that
the Florida Rules of Judicial Administration be amended to
require that legal pleadings be filed on recycled paper;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Indian River
County asks that the Florida Bar Board of Governors
reconsider and reverse its refusal to endorse the Bar's
Florida Rules of Judicial Administration Committee's
position that the Florida Rules of Judicial Administration
be amended to require that legal pleadings be filed on
recycled paper.
2.. This Resolution, when approved and adopted by The
Board of County Commissioners, shall become effective upon
adoption.
The foregoing resolution was offered by Commissioner
Eggert and seconded by Commissioner
Wheeler , and, being put to a vote was as
follows:
Chairman Richard N. Bird
Vice Chairman Gary C. Wheeler
Commissioner Margaret C. Bowman
. .Aye
.Aye
Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5 day of November , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
26
Richard N. Bird, Chairman
X. Budget Amendment - Special Election. City of Fellsmere
The Board reviewed memo from Supervisor of Elections Ann
Robinson dated October 30, 1991:
October 30, 1991'
TO:
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR CONSENT AGENDA OF BCC MEETING ON NOVEMBER 5
The City of Fellsmere has asked and we have agreed to hold a
special city election on January 14, 1992.
HON.' DICK BIRD, CHAIRMAN,• BCC
Please amend the elections budget so that we can accept'the
check from Fellsmere in the amount of $1,300. This money
will be put into the Special Elections Account, 001-700-519-036.74:
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously amended
the elections budget and accepted $1,300 from the
City of Fellsmere to be placed in the Special
Elections Account.
53RD STREET RIGHT-OF-WAY ACQUISITION EAST OF U.S. 1
The Board reviewed memo from Public Works Director Jim Davis
dated October 23, 1991:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT:- 53rd Street Right-of-way' Acquisition East of US,1
DATE:' :A•• October 23, 1991 FILE: 53strow.agn
•,1 ,
DESCRIPTION AND' CONDITIONS
To'expand 53rd Street east of US 1 as required' by the Indian
River Boulevard Phase IV extension, approximately 21' of!
additional, right-of-way is needed from a .3 acre parcel
located at • the -southeast corner of US1: and 53rd Street.
This property is scheduled for auction by the County Clerk
on Nov. 5, 1991 at 11:00 AM. There are multiple leinholders
and owners of the property. Since the right-of-way needs
'affect 20% of the property due to its small size (100' x
it'may•be in the best .interest of the County to[
purchase the entire property.•; The .property is zoned RM -6
and is estimated to be valued at $17,000.•,•'
27
NOV 05 i99`
BOOK. FAH 6Su
NOV 05'99
BOOK 84 Fr,GE 687
ALTERNATIVES AND ANALYSIS'
The Alternatives are as follows:'
. , •+.4::,.,..4 ..:....4, tv.,-i••,,-iN }r '',r., •, x ;,,.;,y.•
°•Alternative• No. 1 �,i.� •.c ' °,. ,
Staff be authorized to attend the 'auction•and"submit a:.
bid 'not to exceed $ 17,000.
,•Alternative No. 2 .. ,•tx. F•. • . • .. . ,►•..... -.... ' .. - -
`;j Wait until new owners .possess the' property • and try•'••to
'• . ,f ,.negotiate . •-a t••purchase of ' the additional..:: right-of-way
�';,' ``•''with' the new :owners if applicable. '
:RECOMMENDATIONS 'AND FUNDING.....
','• • i:1,5•!"x, :i4';e•.:r.:'r4tyr'.;-•• • ..5.•,: ..; r
i• Staf f 'recommends • 'Alternative • No. 1 . whereby... staff .."is
authorized to attend the auction and submit a bid not to
exceed $•17,000. Funding to be from Fund 309 - Indian River
Blvd.. North 'Extension. • ''
a •• ,
•
h
•
Q
•„
1' •
53rd STREET.. '`
990 • /SECT/OAU &Mr • •.
b
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Deputy County Attorney Will Collins explained the background
as follows: About a year ago Public Works advised that they were
going to need a few more feet of right-of-way on 53rd Street at
U.S. 1. to widen the intersection. This is the intersection where
Indian River Boulevard meets U.S. 1. He said a title search
disclosed the subject property was involved in litigation with
twenty parties and it is now at the point where a judicial sale has
been ordered, which would take place at 11:00 today. Attorney
Collins was requesting authorization to bid on the property to have
an opportunity to purchase the property and avoid condemnation. He
said he did not know whether we would be the successful bidder but
at least the property would be sold free and clear of all the liens
and would belong to one owner. The agenda item is a request to
authorize a bid of $17,000 for the property.
Commissioner Scurlock and Commissioner Bowman clarified that
$17,000 would be a "not to exceed" figure.
Commissioner Eggert asked what aggregate liens are on the
property and Attorney Collins said it was $170,000 but that it
would be sold free and clear of all liens.
Chairman Bird asked whether the intent is to bid on a portion
of the overall site that will be auctioned.
Attorney Collins stated the bid would be on the entire tract
because by taking out 21 feet for right-of-way it would probably
leave an unbuildable lot.
Commissioner Eggert asked what is the assessed value.
Public Works Director Jim Davis said staff determined a value
for the parent tract and came up with about $50,000 per acre in
that area.
Attorney Collins explained that he had spoken to the attorney
representing the ninety percent owner and discovered that the owner
had paid $42,000 for his ninety percent interest a year ago.
Commissioner Scurlock asked how much that 21 feet is worth to
the County and Director Davis responded that it is worth the market
value plus any severance damage that may incur to the property. He
further explained that the $17,000, in staff's opinion, is what the
21 feet is worth based on $50,000 per acre in that area. However,
in a bidding environment, people with certain interests may end up
bidding more; $17,000 was our authorized upper threshold.
Commissioner Scurlock felt that if we absolutely require the
21 feet and we must acquire that through this auction or through
subsequent condemnation, or at least through contract with the
owner, it would be better to submit a reasonable bid with the hope
of acquiring it and avoiding the other processes in the future.
29
NOV 05 199
Fr-
NOV 05 19'\
fkoR 84 F',EE bS39
Director Davis felt that was a good choice and explained that
when the memo was written staff had no idea that anyone would show
up at the courthouse to bid on this property.
Commissioner Scurlock suggested that since conditions had
changed we should modify the recommendation and authorize a
reasonable bid.
Chairman Bird was concerned whether, if we purchased the
entire piece and took out what we need for right-of-way, would we
have a saleable piece of property left. We should not buy more
than we need for the right-of-way unless we have an ability to sell
the remainder and get our money back.
Commissioner Scurlock noted that we are faced with severance
damages if, through the condemnation process, we render the
property unusable, in which case we pay for the entire tract.
Commissioner Eggert wished to clarify that someone had paid
$42,000 a year ago. Attorney Collins explained the price had been
$42,500 for ninety percent of the interest in the property, which
extrapolates out to be approximately $53,000.
Commissioner Bowman asked if we could condemn the property for
that sumiand Director Davis said we could not take it through the
court process for that sum.
Chairman Bird pointed out that the buyer felt it was worth
$150,000 per acre if he paid fifty -some thousand dollars for three -
tenths of an acre.
Commissioner Scurlock asked if we have sufficient funds to
make a bid higher than $17,000. Director Davis and County
Administrator Chandler confirmed the funds are in the Boulevard
North Account, and suggested a figure not to exceed $55,000.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman to authorize Deputy County
Attorney Will Collins to bid up to $55,000 for the
subject property. -
Under discussion, Chairman Bird said we are not sure that
taking 21 feet for right-of-way would render the rest of the
property useless or diminish the value of the remaining property.
He did not want to pay $55,000 if, in the long run, the 21 feet for
right-of-way could be purchased for the $17,000 recommended figure.
Director Davis said the highest and best use of the property
is RM6, six units per acre. The north -south dimension of the
property is 150 feet. After taking 21 feet, the remainder would be
79 feet wide by 150 feet with frontage on an intersection which
will be a critical intersection of two multi -lane roadways.
30
Commissioner Scurlock suggested that the remainder of the
property could possibly be used in a utilities service aspect or
some other County use.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4-1,
voting in opposition.
Chairman Bird
After adjournment, Attorney Collins reported that the property
had been sold for $56,000.
PRECINCT 25, FIRST BAPTIST CHURCH,
DIRT FOR PARKING LOT
The Board reviewed memo fro
Robinson dated October 30, 1991:
October 30, 1991
WINTER BEACH, REQUEST FOR FILL
m Supervisor of Elections Ann
TO: : ' ' HON:. DICK BIRD, CHAIRMAN, BCC
FROM: ANN ROBINSON,•SUPERVISOR OF ELECTIONS
,RE: ,ITEM UNDER CONSTITUTIONAL OFFICERS FOR BCC AGENDA 11-5-91
We have been asked to have some fill dirt put in the holes in
the parking lot at the First Baptist Church in Winter Beach,'
the polling place for Precinct 25.
,The church.is for sale, but there is no buyer
as yet. The
'pastor, Randy A. Berry, has said we can continue to use the
church as a polling place until it is sold and that we can use
the new church when it is built.
Jim Davis, Director of Public Works, said the maximum cost to
fill the holes would be $280 including fill, labor and grader.
Because of the cooperation of the church and our need of a
polling place for Precinct 25, we would ask your approval for
Public Works to comply with the request.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized Public Works to fill in the holes in the
parking lot at First Baptist Church which is used as
the polling place for Precinct 25, as recommended by
staff.
31
L_ NOV 051991
DOo :; FAQ E t) d
NOV E'5 1991
BOOK 84 F,i,;c 6DI
SALE AND/OR TRADE OF PROPERTY ADJACENT TO TRACKING STATION PARK
The Board reviewed memo from County Administrator James
Chandler dated October 25, 1991:
TO: Board 'of County Commissioners DATE: October 28, 1991 FILE:
FRO• c County Administrator mes E. Chandler
REFERENCES:
•
In response to a recommendation from the Parks and Recreation Committee, the
Commission requested that staff consider the feasibility of the sale and/or trade
of the property adjacent to Tracking Station Perk to the Town of Indian River
Shores.
• The 5.39 acres was acquired by the County in 1976 for $200,000. A 1987
. appraisal valued the property at $525,000. The property was valued at $700,000
by a July, 1991 updated appraisal (Exhibit A) . Currently, there are no short
or long range development plans for the property. It is my. understanding
conceptual plans were considered several years ago but not pursued. •
According to Town Manager Joe Dorsky, if scquired, there is consideration by
the Town to utilize the property for a stormwater drainage retention area and -
perhaps, some limited park use. However, there have been no formal decisions
(Exhibit B) . " • .• :! . •, :.� .. ►;:..•?
.r1:. ��. �• .. •.. . .. r...L.P
An exchange of the property for Gifford Park had been suggested. The lease
with the Town for the 38.96 acre Gifford Park extends through June, 2002. The
property is valued at $575,000, according to a July, 1991 appraisal obtained by ,
the Town (Exhibit C) . Joe Dorsky indicated the Town would consider an
exchange of the properties and payment of $125,000 to the County which
represents the difference in land value.•:r:t4
• • ?. '!-O :-..4
i; ;"' •
'In ' considering the alternatives, there appears to be no question that at some
point the County should acquire title to Gifford Park. Presently, there is no
funding for the acquisition and a source would need to be identified prior to
2002.•
The beach parcel is a highly desirable piece of property •and will certainly
continue to appreciate in value as time progresses. As such, the option to sell
the property would continue to be viable if a determination were made not to use
it for park purposes.
As indicated previously, there are no current plans to expand Tracking Station
Park by developing the parcel in question. There are presently six (6) county
beachfront parks (Exhibit D) totaling 191.8 acres. The 5.39 acres is not
included in that. total. Based on the criteria and projections contained in the
Comprehensive Plan, .the projected beachfront park demand for the year 2010 is
157 acres (Exhibit E) . As a result, additional beachfront park land acquisition
or expansion is not one of the objectives in the Recreation and Open Space
Element of the Comprehensive Plan.
However, the Plan provides that the County shall develop one additional beach
access (not park) on the south barrier island by 1995 (Exhibit F) . The access
Is to be improved with a dune crossover, parking, and otlier facilities by 1996.
At this time, the specific location, expense, and funding source, have not been
determined.
Ordinarily, any local government would be extremely reluctant to dispose of any
beach property. However, in considering the countywide park needs, the ability
to fund those needs, and the Comprehensive Plan beachfront park projections, in
my opinion, the Indian River Shores proposal has merit. The beach property is
not "critical" from the standpoint of the Comprehensive Plan projection of level
of service and needs. An exchange for Gifford Park would eliminate the future
acquisition expense. Additionally, the $125,000 could be applied to the south
32
beach access or other park
requirement.
Based on the preceding, it is
Indian River Shores proposal.
needs, thereby reducing some of the funding
my recommendation that. the county pursue the
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NACATION.
!!!. PARK
Commissioner Eggert asked how much it cost to do the parking
accesses to the beach in the northern part of A1A.
Public Works Director Jim Davis reported it was about $40,000
in improvements but that work was done in-house by the road and
bridge department. He believed there are 22 spaces in one and
approximately 20 in the other, plus the dune walkover structure and
vegetation.
Administrator Chandler pointed out that $125,000 would not be
sufficient to acquire property and do the construction.
33
NOV 0515,91
bOOK ' PAGE. 692
NS 651991
BOOK 84 FAGE 6Yc�
Commissioner Eggert and Chairman Bird added that ocean
property is not easily available for purchase.
Chairman Bird commented that the 70 -foot wide beach accesses
are usable because Public Works designed them to make excellent use
of the narrow strip, but if we had a choice of another site, 100
feet or more of width would work better.
Public Works Director Davis agreed, adding that the vehicle
turnaround area really requires 120 feet and we try to buffer the
active part of the parks from other properties.
Commissioner Scurlock mentioned that the critical portion is
parking to avoid the usual tendency of people to park up and down
the beach on private property.
Commissioner Scurlock recounted the reason the County acquired
this piece of property is because it was a wastewater plant, and
the fact that it is between two residential developments limits the
uses. He gave his estimate of how the property could be developed
and said he felt the $700,000 appraisal was not the right number.
Administrator Chandler stated he was surprised when he saw the
figures, but prior records and prior appraisals showed a value of
$525,000 in 1987. He thought this is prime property that will
appreciate in value. He said the Gifford property would also
appreciate but not at the same rate as this beachside property.
Mr. Chandler pointed out the Tracking Station Park has a
triangular configuration ranging from 80 or 90 feet in width to 120
or 130 feet in width.
Commissioner Wheeler felt the estimate of value must take into
consideration the cost of developing this property. He also was
concerned that it be used for public services or public purposes
and not developed into a residential area.
Commissioner Scurlock asked if a deed restriction should be
placed on the property because, as it is now, the Town of Indian
River Shores could dispose of the property.
Administrator Chandler stated the Town has not made a final
determination. They are interested in the property, according to
the Town Manager, for drainage retention purposes and possibly for
some limited park use.
Chairman Bird suggested retaining a portion of the property
next to the Tracking Station Park to create some additional
parking.
Director Davis said we could not pave east of the coastal
structure setback line but perhaps we could pave on the existing
park property south of this property, although that would cause us
to get closer to residential structures where we have tried to
maintain a large buffer.
34
Commissioner Scurlock suggested if their desire is to use this
property as a retention area, if they would deed restrict the
property for public purposes and, in addition to that, provide
additional parking commensurate with working with their other
drainage problems, he would be in favor of selling the property
because without a restriction they have the ability to dispose of
the property for development. He felt a motion should include the
contingency of restricting the use of this property to public
purpose and/or public use, as well as the County having right of
first refusal if they are going to dispose of it.
Under discussion, County Attorney Vitunac suggested a foliowup
to Chairman Bird's suggestion that the boundary of the tracking
station, which is triangular, be extended parallel to the
coastline, making it rectangular.
Chairman Bird said another possibility is to create a new
property line and sell only the western -most portion of the
Tracking Station Park property equal in value to the Gifford Park
property and retain ownership of the eastern -most part for future
park expansion.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Eggert, to allow the Administrator
to conduct negotiations with the Town of Indian
River Shores on the sale/exchange of property to
include the contingency of restricting use of this
property for public purpose and/or public use and to
consider a new property line for the purpose of
creating acreage of equal value to the Gifford Park
property.
Chairman Bird asked if the Administrator understood the
flexibility. Administrator Chandler clarified his understanding is
to determine Tracking Station Park acreage equal in value to the
Gifford Park parcel and deduct it from the full parcel.
Chairman Bird added that we should determine that what we
retain is usable for access and possible expansion of our existing
park because if retaining more of the eastern -most portion of that
property would not benefit us, he would rather have the money.
Commissioner Eggert agreed.
Commissioner Wheeler asked if the subject property has any
deed restrictions at all with our title.
Administrator Chandler responded that staff checked that
aspect and there were no restrictions on it.
NOV 05
991
35
�
BOOK 84 FA6E.6C.!' s
05199
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Ft a
LOUIS SCHLITT PROPERTY LAND CLEARING ADJACENT TO ROCKRIDGE
SUBDIVISION
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated October 25, 1991:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
ober . Ke ting
Community Develop
FROM: Roland DeBloisAICP
•
.Chief, Environmental Planning
DATE: October 25, 1991
RE: Louis Schlitt Property Land Clearing
Adjacent to Rockridge Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 5, 1991.
DESCRIPTION AND CONDITIONS:
On October 14, 1991, representatives of the Rockridge Property
Owners Association (P.O.A) sent a letter to the Board of County
Commissioners,.a copy of which is attached. In that letter, the
property owners association requested an appearance before the
Board of County Commissioners, concerning land. clearing that has
occurred adjacent to their subdivision, which they contend
encroached into a canal right-of-way causing erosion and protected
tree destruction.
Louis Schlitt is the owner of the subject property which is 5+
acres in size and located at the southeast corner of 16th Street
and 3rd. Avenue, adjacent to Rockridge Subdivision, Unit 5. 'The
property is. separated from platted lots and roadways within
Rockridge by a canal to the west and south of the subject property.
The referenced canal right-of-way is part of the Rockridge
Subdivision. recorded plat. According to the plat and property
appraiser's tax maps, the north right-of-way boundary of the east -
west canal, and the east right-of-way boundary of the north -south
canal are the city limits of Vero Beach, with the Schlitt property
being entirely within the city. A small portion. of the property
along the canal banks where the canal right-of-way exists landward
of the dredged canal is within the unincorporated county and was
cleared when the Schlitt property land clearing occurred.
;Approximately one year ago, at the request of the City of Vero
Beach, Mr. Schlitt conducted land clearing on his property. In
!that his property Is entirely within the city, Mr. Schlitt
!coordinated his land clearing approval with the city planning
department. .
36
Luring the land clearing.process, it ::as found that a portion of
the site was.a wetland; consequently, the Army Corps of Engineers
(ACOE) reviewed the property, claiming wetland regulatory!
jurisdiction. In coordinating with ACOE field personnel, both
parties agreed *on a wetland alteration .mitigation 'plan which,
entailed the removal of exotic nuisance vegetation (Brazilian.
pepper) along the canal banks, to be replaced with mangroves and
marsh cord grass (Spartina spp.).
To accommodate the mangrove and spartina plantings, Mr. Schlitt
regraded the canal bank to the south of the property to a shallow
slope. As a permit condition, the ACOE had required the use of
silt screens as part of the bank restoration. Moreover, based on
complaints by Rockridge residents that erosion and siltation of the
canal was occurring, the ACOE has since required the installation
of filter cloth over the canal banks to further reduce erosion.
Although the canal banks cleared by Mr. Schlitt are in the
unincorporated county, no land clearing or mangrove alteration
permits were issued by tho'county. While Mr. Schlitt did submit al
mangrove alteration permit to the county in October, 1990, his
application was not processed, and his permit fee was refunded.
This was done based on a staff determination that the mangroves
associated with the wetland to be filled were in the city limits,
and therefore not within county regulatory jurisdiction.
As indicated in* the attached letter, Rockridge P.O.A.
representatives contend that a violation of the .county's land
clearing regulations has occurred on that portion of the property
cleared along the canal banks, within the canal right-of-way. The
P.O.A. has requested that the Board of County Commissioners require
Mr. Schlitt to replace the mature vegetation that was removed, and
require the removal of eroded soil from the canal.
ALTERNATIVES & ANALYSIS:
Indian'River County has regulatory authority over only the portion
of the land clearing that has encroached within the canal right-of-
way.. Since the canal -bank is within county jurisdiction, it is
staff's position that a land clearing permit was required for the
clearing which occurred. Staff have contacted Mr. Schlitt, and he
is applying for an after -the -fact county land clearing permit.
In visiting the site and talking with the ACOE field inspector, it
appears that the only vegetation removed within the canal right-of-
way was Brazilian pepper. Mangroves existing along the bank remain
undisturbed..While erosion/siltation may have occurred earlier in
the canal alteration process, the bank of the north -south canal is
now stabilized with filter cloth. The east -west canal bank has
been planted with mangroves, with a row of rock at the base of the
plantings along the water's edge.
As for the vegetation removed from the canal bank, it should be
noted that Brazilian pepper is not protected vegetation under
county regulations. In fact, the county has policies requiring the
removal of Brazilian pepper in conjunction with site development,
in that it is ecologically undesirable, out -competing preferred
native vegetation. For that reason, the county would not only have
approved a land clearing permit application for the canal bank; the
county would have encouraged the vegetation removal.
As part of the after -the -fact land clearing permit, Mr. Schlitt
will be required to provide adequate erosion control. Staff will
review his application carefully to ensure erosion control measures
are implemented and maintained..
Although Rockridge P..O.A. representatives want the county to
require Mr. Schlitt to replace the mature vegetation along the
canal bank to provide a green buffer between the Schlitt property
and Rockridge residences, Indian River County*has.no' regulatory
authority to require the replacement of the removed Brazilian
pepper. Moreover, the mangroves to be planted will eventually
mature and provide greenery.
37
NOV 0 51991
EAorK.
ON 051991
a
mor
To satisfy Vero Beach site plan requirements, Mr. Schlitt will be
providing a landscape buffer when the site is developed,
tentatively to occur in the fall of 1992. In the interim, Mr.
Schlitt has no obligation to provide a vegetated buffer, beyond the
proposed wetland mitigation. It is county staff's position that
the planted mangrove fringe and proposed landscape buffer will be
environmentally and aesthetically superior to the nuisance
vegetation removed from the canal bank.
RECOMMENDATION:
.Staff recommends .that the Board of County Commissioners require Mr.
Schlitt to obtain an after -the -fact land clearing. permit for that
portion of the property cleared within the canal right-of-way,
including the implementation and maintenance of erosion control
measures. -
NW 1/4 SECTION 7 TOWNSHIP
• H Sif SSeb in 1-33:40
6 ROCK RIDGE SUBD: ISION _
12 TH STREET
14 TH STREET
1500'!
38
NMI
Commissioner Scurlock asked whether the Army Corps of
Engineers did an inventory of the property.
Mr. DeBlois stated that they were called to the site before
the actual bank work had been done and noted the exotic species to
be removed.
Commissioner Scurlock noted that mixed in with the Brazilian
pepper trees were mangroves, which were removed in the process of
removing the exotic plants.
Mr. DeBlois recounted the reason the County was called was
because the Rockridge residents were contending mangroves had been
removed from areas that were not Mr. Schlitt's property. Staff
felt that since Mr. Schlitt had gone off his property and did some
work in the area under County jurisdiction, he does need to get an
after -the -fact permit. Another point Rockridge residents have
raised is the matter of removal of mature vegetation which served
as a buffer. Staff's finding is that the buffer was largely the
Brazilian pepper, expect for the remaining mangrove. In fact, if
Mr. Schlitt had come in, we would have permitted the removal of the
Brazilian pepper.
Commissioner Scurlock believed that if the site were totally
in the County we would promote buffering.
Mr. DeBlois agreed and added that the City of Vero Beach also
has buffer requirements; however, those requirements are linked to
the site development. Mr. Schlitt plans to develop in 1992.
Chairman Bird asked if staff had resolved the jurisdictional
question.
Deputy County Attorney Will Collins stated there are two
issues. The County has no standing to get an injunction against
the activity because we have no property interest. As far as
regulation of the land, the County can regulate land where it does
not have any property interest by virtue of a plat dedication. We
can apply regulations within land that falls within County
jurisdiction. To the extent that Mr. Schlitt went south of his
property line onto the canal bank, we can seek to get an after -the -
fact permit for the removal of that Brazilian pepper.
Commissioner Bowman understood Mr. Schlitt's property line is
about 25 feet north of the canal and therefore he did encroach upon
County property.
Community Development Director Bob Keating clarified it is not
County property, it is County jurisdiction. He further explained
that an ironic fact is that if Mr. Schlitt had come in early in the
process and said, "I want a permit to clear that property," we
would have asked him if he owned it and he would have had to get
39
Hoy 0519931
Boor. 8 F�,E
PP"
viov 05 1991
r3O0K 84 PAGE 6,9e
authorization from whoever before he could be issued a permit.
Now, since it is after the fact, he should not be allowed to have
cleared something for nothing, so we are looking at imposing after -
the -fact sanctions in that regard.
Commissioner Scurlock summarized that the bottom line is that
staff has suggested an after -the -fact permit and sanctions for
removing the exotics and the mangroves which were intertwined with
them. He felt the County should be concerned with three issues:
stabilization of the shoreline, replanting of mangroves, and an
appropriate buffer. He felt there was some question on the issue
of removing the existing buffer from County jurisdiction.
Chairman Bird asked of those three items what has been done.
Mr. DeBlois responded that the shoreline has been stabilized
with filter cloth and they are in the middle of planting mangrove
on three foot centers which will be the entire length of both
canals. This is under the jurisdiction of the Army Corps of
Engineers in conjunction with the City of Vero Beach. This
activity is on the clearing aspect, not the development level.
Planting vegetation to replace the Brazilian pepper will be
forthcoming when the site is developed.
Commissioner Eggert suggested it would be a good -neighbor
gesture if the owner put a buffer in now.
Discussion ensued regarding what steps have been taken to
stabilize the banks. Commissioner Bowman and Mr. DeBlois
identified the types of plants which are generally used for this
purpose and Mr. DeBlois recalled that the Army Corps' plan does
call for a mixture of plants.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Edward Slimak, 212 14th Place, identified himself as one of
the affected residents. He said his home is on the 14th Street
canal directly cross from the property in the easement in question.
He circulated photographs of the before and after of this easement.
He explained that the residents are not concerned with what Mr.
Schlitt proposes to do with this property because, obviously, it is
his, but they are concerned with the encroachment, or the possible
misinformation given to the governing body, and the order to go in
there and perform this devegetation of that canal bank and totally
unstabilize the canal bank. He understood this canal has been
there for 25 years and mother nature had stabilized the bank with
vegetation. What they have right now is a totally unstable bank
eroding into the canal, and there are photographs of high tide that
show two to three acres almost totally under water. As the tide
goes out it sucks the muck out of the land into the canal and the
40
canal bank is deteriorating. Beyond that, this has had an effect
on the quality of life and the privacy of the residents. Mr.
Slimak described the former buffer as a beautiful green wall which
blocked out the lights from traffic on Indian River Boulevard and
without which he felt his property is devalued. He advised that
the residents are asking the Army Corps of Engineers to monitor
what has to be done to get that canal back to its original
condition, including a site screen and a green buffer zone, not at
the water's edge but at the property line. Mr. Slimak stressed
that Mr. Schlitt or the developer has sloped the bank, in effect
pulling that high ground across the property line onto his property
and putting the entire easement under water at high tide, and if
that continues along the bank there will be no easement there below
water level; he will have raked this issue into the City
jurisdiction and into his property line and that will be the end of
it. The residents will just simply have to live with what has been
done and suffer the property loss on the value of their homes.
Mr. DeBlois responded that there is a need to do some
resloping in order to install wetland plantings. He pointed out
that the north side of the Rockridge canal is a bulkhead, which
would be an alternative to maintain the prior elevation and
stabilize the shore.
Discussion ensued regarding the types of plants which had
existed on this property.
Commissioner Bowman asked if there had been a biological
survey by the Army Corps of Engineers. Mr. DeBlois responded it
had been done in January of 1991 which indicated a wetland area on
the property. -
Mr. Slimak reflected on the varied wildlife which had made its
home in that environment prior to the clearing of the bank. He
described the men and equipment used to remove the plants and the
fact that it is being replaced by one man, one wheelbarrow and one
little shovel on Sunday mornings. He said a piece of black cloth
about fifty feet long is secured with rocks from the canal but a
large portion of the bank has not been secured.
Commissioner Scurlock asked whether survey stakes had been
placed to set the slope.
Public Works Director Jim Davis said the Army Corps usually
sets some kind of control.
Commissioner Eggert asked who inspects the progress of this
activity.
Mr. DeBlois responded that since it is an Army Corps permit,
the Corps would have the jurisdictional review in monitoring the
work. Under the after -the -fact permit the County could monitor the
41
NOV U5 19jil
Pr-
NOV
BOOK 84 FCE701
activity, and we will look closely at the erosion control issue.
Chairman Bird recounted that Mr. Schlitt had said he had been
pressured by the City to clear the property and in the process of
obtaining permits he got involved with the Army Corps of Engineers.
Mr. Schlitt further explained that it was the Army Corps of
Engineers who came up with the sloping plan and removal of the
Brazilian peppers and replanting of the shoreline. Chairman Bird
believed Mr. Schlitt would have left everything as it was because
he has received no benefit and only angered the residents of
Rockridge.
Commissioner Bowman stated this was a mitigation project
because Mr. Schlitt had violated the code by doing some illegal
fill.
Mr. DeBlois said when he spoke to Mr. Schlitt, Mr. Schlitt had
characterized the process- as Chairman Bird explained it. Mr.
DeBlois speculated it was possible that when Mr. Schlitt was
clearing the property he took the opportunity to do a little more
than the actual requirement of the City. Then, under scrutiny of
the site, the Army Corps discovered the wetland situation interior
to the property and Mr. DeBlois felt that the canal work was a
result of Army Corps-Schlitt coordination to resolve and mitigate
the interior wetland issue.
Mr. Slimak recounted that when this clearing began on the bank
of the property the residents along the canal started calling every
authority they could think of to try to get someone to stop the
activity. They met with the developer and discussed it, but the
developer would not relent and now the residents must live with the
situation. This clearing has had a tremendous impact on the
community and the County should respond.
Ruth Chapman, 1450 Fifth Avenue, came before the Board and
stated that she had no quarrel with Mr. Schlitt. She wanted to
state that there was a mistake in staff's presentation in that the
City never told Mr. Schlitt to clear that land. She said he was
cited for and asked to clear out brush, but he was not asked to
clear that land for the sake of the City,and the City has written
to the Corp of Engineers and so stated because they realized it was
a mistake immediately; but he is still saying that they asked him
to. Ms. Chapman stated that the residents would like the canal
dredged by Mr. Schlitt because he is responsible for all of that
dirt going into the canal and they want the canal put in the same
shape it was before the property was cleared. She described the
canal as "absolutely filthy," whereas before it was clear and had
lots of fish.
Ms. Chapman told the Board she has enjoyed the years she has
42
spent as liaison to the County for the Property Owners Association
of Rockridge and announced she will not be in that position next
year because they have a new president. She thanked the Board and
said the Board knows she has always worked to improve things for
Rockridge.
Patricia Powers, 212 14th Place, handed the Board copies of a
letter she had received from a realtor who had sold her house to
her, in which he stated that property values have been ruined. She
also handed them a copy of an estimate done by Rock City Nursery
for replacement of vegetation which had been sent to Mr. Schlitt
and which, to this point, had been ignored by Mr. Schlitt.
Bill Nelson, 230 14th Street, came before the Board as a
concerned citizen and witness to what happened to these people on
the canal. He mentioned several individuals from the County who
saw the many mangroves and oak trees on Mr. Schlitt's property. He
contended that Mr. Schlitt knew he could not get a permit to clear
that land and just raked the land with the expectation that all he
would have to do is plant a few mangroves and get a slap on the
wrist. He said the Commissioners all had heart for Rockridge
before, and believed they will do everything possible to replace
not only the mangroves but also bring that land back up to where it
was before.
Commissioner Eggert wanted clarification on what we can do in
terms of a buffer replacement.
Community Development Director Keating responded that as far
as the after -the -fact -land clearing permit we can definitely put
conditions on that. We will monitor adherence to his Army Corps
plan to make sure the mangroves and spartina and other wetland
vegetation are being put in. Most of the buffer is on the property
within City jurisdiction. We do coordinate with city staff and the
city staff is diligent in their landscaping and buffer
requirements. Buffering, however, is usually put in to buffer
development and the buffer is not warranted until development
occurs.
Commissioner Eggert pointed out that there is nothing we can
do but depend on good will; but we can make note to the City that
we feel heavy buffering should be put in.
Director Keating concurred and said staff would convey that to
both the applicant and the City.
Commissioner Bowman pointed out it will not happen until he
develops and he is not planning to develop until 1992, so these
people will suffer all that time.
43
NOV 051991
BOOK 84 Fa,,t 7112
Pr -
Dov 051991
BOOK 84 P E 703
Chairman Bird noted that the buffer shown on the graphic would
normally be planted on upland, not on shorelines, and the upland
property falls within the City limit.
Commissioner Eggert remarked that is the frustration here.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously directed
staff to design an erosion control plan to be
coordinated with the City's and the Corps' program;
to communicate to the City our concern about the
impact on residents in the area; and to encourage
the City to implement a buffer in their site plan.
The Chairman recessed the meeting briefly at 10:45 A. M. and
the Board reconvened at 10:55 A. M. with all members present.
REQUEST TO ESTABLISH DATES FOR TWO EVENING BOARD MEETINGS TO
CONSIDER THE "THIRD ROUND" OF LDR AMENDMENTS
The Board reviewed memo from Planning Director Stan Boling
dated October 28, 1991:
'TO:
James • E..Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Obert M. Keatin
Community Develo •men oj' 'rector
FROM: Stan Boling, aICP
Planning Director .
DATE:..' October 28, 1991
SUBJECT: Request to Establish Dates for Two Evening_.Board Meetings
to Consider the "Third Round" of LDR Amendments
..It is requested that the data herein presented. be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 5, 1991.
DESCRIPTION AND CONDITIONS:
Since October 1, 1990, the Florida Statutes has required two
evening meetings of the Board of County Commissioners whenever
amendments to the Land Development Regulations (LDRs) are to be
considered and acted upon. To minimize the number of required
evening meetings, staff has limited the number of times the LDR's
are amended. This has been done by holding proposed LDR amendments
until a sufficient number of amendments exist.
44
At this time, the number of proposed amendments is sufficient to
warrant the third round of changes since the LDR's were adopted in
September, 1990. Many of these LDR changes have resulted from
Professional Services Advisory Committee (PSAC) meetingsand
discussions; others are required by the comprehensive plan; and
some were initiated by staff. The PSAC and Planning and Zoning
Commission have now reviewed and considered the proposed LDR
amendments. To proceed with the review and approval process for
the LDR amendments, the Board must now set dates and times for the
two required evening public hearings.
ANALYSIS AND ALTERNATIVES:
The proposed amendments were considered by the Planning and Zoning
Commission at its October 24, 1991 meeting. The Commission
recommended, subject to some minor changes to be made by staff,
that the Board adopt the amendments. The Board must now hold its
meetings. State requirements mandate seven day notice (newspaper
advertisement) prior to each meeting and at least two weeks between
the two meetings. The meetings must be held after 5:00 p.m.
The proposed changes are lengthy. However, given their content and
the extensive review and input given at the staff and PSAC level,
staff anticipates little public interest. Consequently, the
hearings will probably be short. One set of hearing dates which
would comply with the state requirements is:
MEETING
DATE TIME
1. Wednesday, November 20, 1991
2. Wednesday, December 4, 1991
5:01 p.m.
5:01 p.m.
The Board may establish any other dates that meet state
requirements.
RECOMMENDATION: ''
Staff recommends that the Board establish meeting dates for the two
evening public hearings.required to consider and adopt the proposed
"third round" of LDR amendments.
ON MOTION by" Commissioner Eggert, SECONDED by
Commissioner Scurlock, the Board unanimously
established 7:00 P. M. on November 20, 1991 and 5:01
P. M. on December 4, 1991 as the dates for evening
meetings to consider the third round of LDR
Amendments.
FLORIDA DEPARTMENT OF NATURAL RESOURCES WORKSHOP
Chairman Bird reported that a public workshop on public land
acquisition is planned for November 12, 1991, which is a regular
meeting day for the County Commission. He suggested a
representative should be authorized to attend.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the Community Development Director to
choose someone from his staff to represent Indian
River County at the meeting on November 12, 1991 in
Palm Beach County.
45
NOV 0 51991
LOOK
a Fp� a
i':u t •t
J `11
NOV 0 5 1991
BOOK 64 PAGE /lib
FLOOD PLAIN REGULATIONS
Commissioner Bowman stated the flood plain regulations are
playing havoc with some people. She referred to a resident of Vero
Lake Estates who is required to build a retention pond because her
property is more than one acre. Commissioner Bowman said the size
of the retention pond would equal the footprint of the building and
make her land absolutely useless. The area is wooded and the
resident does not want to destroy the trees in order to put in a
retention pond.
Chairman Bird said some of the Federal Emergency Management
Agency (FEMA) requirements were questionable; Commissioners Eggert
and Wheeler agreed.
Community Development Director Bob Keating stated he could
address the issue as it relates to the cut and fill balance
requirement in our LDRs. Currently we are exempting lots under
half an acre; the new exemption will be lots under one acre. This
is based on the fact that the requirements that were applied on
small lots can be covered by the new stormwater utility when that
is put into effect.
Public Works Director Jim Davis directed the Board's attention
to the Federal Emergency Management Agency document which explains
the management regulations adopted by a community should have
certain requirements. However, the language of the document is not
mandatory; therefore we have exemptions, among which is the waiver
for lots under an acre. Mr. Davis further explained we have
limited outfall capacity in the western parts of the County and not
filling that flood plain is in the interest of all the people in
the watershed area. So, if the lot is in the 100 -year flood plain
and it is determined through FEMA modeling that flood water is
going to be stored in that area during a 100 -year storm, if the lot
is over one acre, the new LDRs will not change the cut and fill
balance requirements.
Chairman Bird asked if there is any flexibility in that
requirement.
Director Davis responded that it is not mandatory.
Discussion ensued regarding the reasoning behind labeling
certain areas "flood prone" when they seem to be high and dry.
Director Davis explained that the modeling determines the
action of water during a 100 -year storm and decisions are made
accordingly.
Melody Manning, 7925 92nd Avenue, came before the Board and
described the lot with which she is concerned, which is over an
acre 'but not an acre and a quarter even though it is described as
an acre and a quarter. The lots in Vero Lake Estates are of
46-
varying sizes; some are 1.10, 1.2, 1.15, 1.6 acres, but, are called
"an acre and a quarter." She said in order to build a retention
pond 43 pine trees would have to be removed, which would lower the
elevation. She described all the trees growing on the property and
asked whether an exception could not be provided for these lots in
Vero Lake Estates.
Commissioner Eggert asked how long it will take to make the
exemption change from one-half acre to one acre.
Director Keating said this issue will be discussed at the
special meetings on November 20 and December 4.
Chairman Bird asked whether there is any flexibility in the
FEMA guidelines.
Director Davis responded that the Board has the ability, in
the FEMA guidelines, to not make that a mandatory provision. The
recommendation from FEMA is that we either require these structures
to be up on pilings and reduce the fill or if the Board, after
consideration, finds it should not be mandatory, then the
flexibility is within the code. Staff is concerned about the
cumulative effects in an area as large as Vero Lake Estates, 2600
acres, if there is a house built on every lot. The Professional
Advisory Council along with staff have wrestled with this point and
have come up with the one -acre threshold. If the Board feels a
larger than one -acre threshold would be better for the community,
that is the Board's choice.
Roger Cain explained the logic behind the decision of the 1 -
acre threshold. It has to do with the insurance wherein property
damage, even in small amounts per parcel, over 2600 acres, could be
a large total outlay for an insurance carrier.
Commissioner Scurlock asked what the result might be if the
threshold were placed at one and a half acres.
Director Keating said staff did a study of all subdivisions
over a half acre that were in the flood plain and there were not
that many. He felt if you went over an acre there would be more
lots but not a substantial number.
Director Davis said you don't have problems where the
elevation is 20 to 25 feet, but the problems come when you push
that water into the areas where there is three to ten feet of
elevation; those are the people who will be affected.
Commissioner Wheeler felt that adding three feet of fill to a
25 -foot elevation could not affect the situation that much.
Chairman Bird felt the discussion is good but wondered if this
issue needed a decision, or is it something that will be coming
before the Board at a future time.
47
� NOV 0 51§91
BOCK[Aut. ithi
NOV 0 5 1991
mor 84 FAvE TO 7
Director Keating felt the attorney would advise that the Board
does not have the discretion at this time to make any changes.
This has been advertised for discussion of LDRs, and at that time
the Board can make changes in the amounts.
Commissioner Scurlock felt the issue needed more study, for
staff to see what the impact would be in going to an acre and a
half. It may not be a major impact, but he was not ready to make
any decisions.
Chairman Bird felt as long as there is a residence going up on
a lot, he could see no reason to invoke the requirement of a
retention pond.
Director Keating explained the reason Roger Cain allowed the
change from one-half acre to one acre is the mitigation of
stormwater management.
Attorney Vitunac suggested a variance in situations where
putting in a retention pond would call for removing a lot of trees,
that would be reason for a variance.
Chairman Bird clarified that is the direction we are giving
staff.
Ms. Manning asked if the owner of the property could ask for
a variance in this case due to the fact that the property is dry
and due to the fact it will be costly to remove the trees.
Chairman Bird explained that, as sympathetic as the Board may
be, and the fact that there has been some dialogue that may lead to
a change, we do not have the ability in place to grant that kind of
a variance.
Ms. Manning asked if her choice is to hold up construction
until November 20.
Chairman Bird said her choice is either that or comply with
the requirements that presently exist.
Chairman Bird asked and Roger Cain confirmed staff will look
into the matter and come back with more information.
UPGRADING FUEL STORAGE CAPACITY AT PUBLIC HEALTH BUILDING FOR
EMERGENCY GENERATOR - BUDGET AMENDMENT 003
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 28, 1991:
48
TO:
THROUGH:'
FROM:
hs `t
DATE:.
SUBJECT:
Board of County Commissioners
Jim Chandler
County A is rator
'Doug Wrigh4, Director
Emergency Services
October 28, 1991
Upgrading Fuel Storage Capacity At Public Health
Building For Emergency Generator - Special Needs Shelter
4
BUDGET AMENDMENT 003
.It is respectfully requested that the information contained herein be
:given formal consideration by the Board of County Commissioners
.during the next regular scheduled meeting. •
•
'DESCRIPTION AND -CONDITIONS
•
The Public Health Building has been identified as a facility to be
utilized as a Special Needs Shelter during the event of a manmade or
natural disaster. The planning and development of the Public Health
Building as'a Special Needs, Shelter has been a priority of the
Department of Emergency Services and the Primary Care Committee
chaired by Commissioner Eggert. A meeting has also been held with
Dr. Berman regarding Special Needs and his response was favorable..
;Thee Public Health Building was originally built with an emergency
generator which has a fifty (50) gallon capacity diesel fuel tank.
This amount of fuel will run the generator for only eight (8) hours.'
Staff is proposing that a one thousand (1,000) gallon diesel fuel
tank be installed which will give the generator seven (7) days of
operation without refueling or a total of 168 hours of constant
operation. To replace the smaller tank with the large tank, funds in
the amount of $2,530.00 will be_,required which includes secondary
containment.. , .' : : ,.; ., ;.; ,,.
•
ALTERNATIVES AND ANALYSIS1.::
Staff recommends that the larger fuel tank be purchased in lieu of
leasing. If approved, the Building and Grounds Division will install
the 1,000 gallon tank. The price quoted above includes an above
ground skid mounted 1,000 gallon tank, fittings and piping, transfer
pump, with a concrete slab and spill containment. The smaller tank
would be retained by the Buildings and Grounds Division for potential
future use elsewhere in the county.
Funds in the amount of $2,530.00 are available in account number 315-
106-519-066.51, Optional Sales Tax Contingencies - construction in
progress to complete building, for use in providing the larger fuel
tank per the Budget Director.
RECOMMENDATION
Staff and the Primary Care Committee recommends approval of the
expenditure of $2,530.00 to replace the fifty (50) gallon tank with
a one thousand (1,000) gallon capacity diesel fuel•tank. Approval of
this recommendation will provide for the Public Health Building to be
utilized as a Special Needs Shelter on a self sustaining basis for a
longer period of time in the event of an emergency. .
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved Budget Amendment 003 for the expenditure of
$2,530 to replace the 50 -gallon tank with a 1,000 -
gallon capacity diesel fuel tank at the Public
Health Building for the Emergency Generator.
49
BOOK. O F'A.uE 10S
NOV 0 5 1991
NOV 05 MI
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Director
POCK
U 4 WE. /09
SUBJECT: BUDGET AMENDMENT
NUMBER: 003
DATE: October 30. 1991
Entry
k _ I • - r
a n. s e • a tl, a • • , Name
Ac ount Nu be
Increase
i • ec
e . s-
EXPENSE
I
.
__..
OPTIONAL SALES'TAX/Health Bldg.
Construction in Progress
315-1,06-519-066.51,$
2.530
,S
0
.
OPTIONAL SALES TAX/Courthouse
.es--_. - fo Co tii.e
_5-•09- 8 -09...1
0
2
APPROVAL OF BIOMEDICAL EOUIPMENT SERVICES AGREEMENT WITH PHYSIO
CONTROL
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 25, 1991:
TO: Board of Cunt Commissioners
f�
FROM: Doug Wright, Director
Emergency Services
[DATE:
SUBJECT:
October 25, 1991
Approval of Bi.mwciical Equipment Services
Agreement with Physio -Control
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:
In October, 1990, the Board of County Commissioners authorized a
Biomedical Equipment Services Agreement with Physio -Control to
repair and maintain the Lifepac equipment on board the emergency
[transport vehicles of Advanced Life Support. The contract expires
fon November 8, 1991, and staff requests the Board authorize renewal
of the agreement. •
The prior contract was for $9,960.00 during FY 90-91. ..The new'
j, contract is for $13,428.00 or a $3,468 increase. This increase is
'predicated on the increased age of the equipment and the additional
two lifepac 10's added in this fiscal year. The county now.�has 10
;monitors and defibrillators, ten battery support systems,- seven
external pacemakers and three lifepak 10's with external pacers.
A total of $16,000 was budgeted in FY 91-92 to fund the technical
Services Agreement with Physio -Control.
[ALTERNATIVES AND ANALYSIS:
:Physio -Control .is'the manufacturer of the lifepak series of cardiac.
monitors and defibrillators. •The sales and service force from
Physio -Control are direct.manufacturer representatives.•_Physio
:Control Technical Services is the only.company authorized repair
'function in the State of Florida and is the single.or sole source
for parts, repairs and/or maintenance on this equipment.
50
This critical patient care equipment is very technical in nature
and ALS must insure that it is properly maintained and serviced by
factory trained personnel to reduce liability risk. It suffices to
say that any malfunction of the lifepak during life saving
techniques would jeopardize the assests of the county if litigation
should occur.
RECOMMENDATION:
Staff recommends approval of the Biomedical Equipment Services
Agreement with Physio -Control in the amount of $13,428.00. Staff
also requests the Board authorize the Chairman to execute the,
Agreement on the basis of a singla/sole source vender.'
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved and authorized the Chairman to execute the
Biomedical Equipment Services Agreement with Physio -
Control in the amount of $13,428 on the basis of a
single/sole source vendor.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
RESOLUTION TO PROVIDE FOR PAVING AND DRAINAGE IMPROVEMENTS TO 10TH
COURT S.W. BETWEEN 11TH STREET S.W. AND 9TH STREET S.W.
The Board reviewed memo from Civil Engineer Michelle Gentile
dated October 28, 1991:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E
County Engineer
7)7
PROM: Michelle A. Gentile,
Civil Engineer
SUBJECT: Resolution to Provide for the Paving and Drainage
Improvements to 10th Court SW between llth Street SW and
9th Street SW
DATE: October 28, 1991
DESCRIPTION AND CONDITIONS
'The County Public Works Department has initiated a public
;improvement assessment for road paving and drainage improvements
for 10th Court SW between llth Street SW and Oslo Road in
,cooperation with the Oslo Concerned Citizens League.
Back on September 20, 1986, the Board of County Commissioners
`directed the Road & Bridge Division to maintain 10th Court SW from
llth Street SW to Oslo Road. On September 25, 1990, a maintenance
map was filed for this portion of 10th Court SW.
51
L NOV 05i991
BOOK F'.�G[ ,tom
r
NOV 05 199
The Engineering staff has since prepared construction plans and
obtained a Stormwater Discharge Facility Permit from St. Johns
River Water Management District. One of the requirements of this
permit is to meet the stormwater requirements for a 25 year - 24
hour storm. In order to do this, additional right-of-way will have
to be deeded to the county for stormwater retention.
Our staff has communicated with the property owners to discuss this
issue. It appears these homeowners are willing to deed this land
to proceed with the Special Assessment project at this time and
deeds are being prepared.
Also, at the Board of County Commissioners Meeting on September 20,
1986, the Board decided that the costs would be on a 75/25% split,
with the county paying 75% of the cost.
A separate resolution will need to be adopted to hold a Public
Hearing to discuss the advisability, cost and amount of the
assessment against each property owner.
This Public Hearing has been scheduled for Tuesday, December 10,
i c19.1. at q:05 A.M. in the County Commission Chambers.
An assessment Toll and plat has
Clerk to the. Board.
The project cost is $43,487.80.
the 75/25% split:
75% (to be paid by County)
25% (to be paid by Homeowners)
Cost is $4.26/per Front Foot
RECOMMENDATION Alp FUNDING
It is recommended that motions be made to:
1) Adopt the resolution providing for the paving and drainage
improvements for the project subject to the terms outlined in
the resolution. The applicable interest rate shall be 9 3/4%
, at the time the final assessment roll is approved.
2) Allocate $43,487.80 from the Petition Paving Account $173-214-
541-035.39.
3), Adopt a resolution setting the time and place of the Public
Hearing.
been prepared and filed with the
•
The following is a breakdown of
$32,615.85
$10,871.95
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, to adopt Resolution 91-168
providing for paving and drainage improvements for
the subject project with the applicable interest
rate to be 9-3/4% at the time the final assessment
roll is approved; allocate $43,487.80 from the
Petition Paving Account; and adopt Resolution 91-169
setting the time and place of the Public Hearing, as
recommended by staff.
Under discussion, Commissioner Scurlock asked why this project
took from 1986 to today.
Public Works Director Jim Davis responded that the problem is
that through this unplatted area the County does not have dedicated
52
right-of-way and when the initial work was begun in 1986 we found
that some of the residents were reluctant to donate property for
right-of-way. The decision was made that if we grade it for four
years and do construction of the roadway, we can claim maintenance
map jurisdiction of it and not have to condemn property, so we
elected to go that route.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
RESOLUTION NO. 91- 168
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 10TH
COURT SW BETWEEN 11TH STREET SW AND 9TH STREET SW,
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS,. NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY BENEFITTED.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 10th Court
SW between llth Street SW and 9th Street SW.
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Section
11-21, 11-22, and 11-41, Indian River County Code of Laws and
Ordinances; and cost estimates and preliminary assessment rolls
have been completed by the Public Works Department; and the total
estimated cost of the proposed paving and drainage improvements is
FORTY THREE THOUSAND, FOUR HUNDRED EIGHTY SEVEN DOLLARS and EIGHTY
CENTS ($43,487.80); and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in. an amount equal to that proportion of twenty-five
percent (25%) of the total cost of the project ($10,871.95) which
the number of lineal feet of road frontage owned by the given owner
bears to the total number of lineal feet of road frontage within
the areas specially benefited and seventy-five percent (75%) of the
total cost of the project ($32,615.85) will come from Petition
Paving Account; and
53
NOV 051W
BOOK F,\ E � 1►:d
gov i991
f ooK
APIt
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 11-47, Indian River County Code of
Laws and Ordinances; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
is rate established by the Board of County Commissioners at the time
Iof preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
RESOLUTION 91-168 IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
RESOLUTION NO. 91-16q
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS
OF PROPERTY ON 10TH COURT SW BETWEEN 11TH
STREET SW AND 9TH STREET SW AND OTHER
INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD
OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO SAID PROPERTYAS
TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AN AS TO THE AMOUNT THEREOF
TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No.91-168 , determined that it is
necessary for the public welfare of the citizens of the
county, and particularly as to those living, working, and
owning property within the area described hereafter, that
paving and drainage improvements be made to; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to
the Board; and 54
WHEREAS, Section 11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed or
any other persons interested therein may appear before the
Board of County Commissioners and be heard as to the propriety
and advisability of making paving and drainage improvements,
as to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission
chambers in the County Administration Building at the hour
of 9:05 A.M. on Tuesday. December 10, 1991, at which time
the owners of the properties to be assessed and any other
interested persons may appear before said Commission and
be heard in regard thereto. The area to be improved and
the properties to be specially benefited are more
particularly described upon the assessment plat and the
assessment roll with regard to the special assessments.
2. All persons interested in the construction of said
improvements and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the
office of the Clerk to the Board any week day from 8:30
A.M. until 5:00 P.M.
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3. Notice of the time and place of this public hearing shall
be given by the Department of Public Works by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to
the date of the hearing. The Indian River County
Department of Public Works shall give the owner of each
property to be specially assessed at least ten days notice
in writing of such time and place, which shall be served
by mailing a copy of such notice to each of such property
owners at his last known address.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner
Wheeler ,. and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 5 day of November
, 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
RESOLUTION 91-169 IN ITS ENTIRETY WITH ASSESSMENT ROLL ATTACHED
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SPECIAL ASSESSMENT ROAD PAVING IN VERO TROPICAL GARDENS SUBDIVISION
The Board reviewed memo from Public Works Director Jim Davis
dated October 25, 1991:
56
•
TO:
James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Special Assessment Road Paving in
Vero Tropical Gardens Subdivision
REF. LETTER: Frank V. Malfa to Public Works Director
dated Oct. 7, 1991
DATE: October 25, 1991 FILE: ,vertrop.agn
DESCRIPTION AND CONDITIONS
Four owners of 174 lots in Vero Tropical Gardens Subdivision
(located west of I-95 and north of SR60) are requesting that
the County establish a special assessment program to pave
approximately 5.22 miles of road within the subdivision.
There are approximately 484 lots within the subdivision
encompassing approximately 160 acres of land. The existing
right-of-ways are dedicated to the public but not maintained
by the County. Roads do not exist in the area with the
exception of 98th Avenue. There are approximately nine
houses constructed in the subdivision. _
An estimated cost to perform survey work, engineering, road
and drainage construction, permitting, etc. is $ 1,437,500.
''In'addition there appears to be an interest to bring County
potable water into the area.
h.
4 . •'i:.. ;: , . tip.
ALTERNATIVES AND ANALYSIS ••''. •
•
a
••••,. 1•4* • 4
V. ,1'1
,•
' W
Alternative No. 1.., .r. : . . .
`Since the County does not grade roads in.the area with
,: the exception of 98th Avenue, Special Assessment
projects whereby 100% of the costs are assessed ,to
benefitted owners is proposed. The approximate cost
per lot will be $ 2,970.04. The project would be
.placed on the Petition Paving list as a County
initialed project since a formal petition has not been
received.
Alternative No. 2 •
Deny the request by the four property owners and leave
the subdivision as it currently exists.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended whereby the County initiate
a 100% special assessment project for road paving and
possibly County water for the Vero Tropical Gardens
Subdivision.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
initiated a 100% special assessment project for road
paving and possibly County water for the Vero
Tropical Gardens Subdivision, as recommended by
staff.
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INDIAN RIVER BOULEVARD PHASE III CHANGE ORDERS #3 AND #4
The Board reviewed memo from Public Works Director James Davis
dated October 29, 1991:
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: Indian River Boulevard, Phase III
CHANGE ORDERS NO. 3 AND NO. 4
DATE: October 29, 1991 FILE: • irbco3&4.agn
DESCRIPTION AND CONDITIONS
Attached is Change Order No. 3 for additional work=performed
by Sheltra & Son Construction Co. to raise the North Bridge
over Vocsinbury Creek. The County requested that the
bridge be raised one foot to keep the pile caps from being
'submerged during extreme high tides and to eliminate the
possibility of debris being caught under the bridge. Change.
•Order No. 3 increases the contract amount by $3,782 and
provides a four day time extension.
Also attached for your consideration is Change Order No. 4
which provides for installation of a concrete mat revetment
under the North Bridge. This revetment is not a.necessity,.
but. staff. feels it could prevent -future erosion and
maintenance problems under the North Bridge and •therefore
recommends its installation. Change Order No. 4 increases
the Contract amount, by $7,992.
•
ALTERNATIVES AND ANALYSIS
The alternatives areas follows:
.
Alternative No. 1 ..''��;�
Authorize Change"Order No. 3 in the amount of $3,782..:
This would result in a revised contract amount. of
$2,732,089.55.
Alternative No. 2
Authorize Change Order No. 3 and No. 4 for a total
increase of $11,774. This would result in a revised
contract amount of $2,740,081.55.
RECOMMENDATIONS AND FUNDING
'Staff recommends authorization of Change Orders No. 3 and 4
'resulting in a revised contract amount of $2,740,081.55.
Funding to be from Indian River Boulevard North account
309-214-541-066.51.
58
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized Change Orders No. 3 and 4 for Indian
River Boulevard Phase III, for a total increase of
$11,774 and a revised contract amount of
$2,740,081.55.
SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
TREASURE SHORES PARK PHASE 1 CHANGE ORDER #1
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 29, 1991:
•
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.E. 1.
Capital Projects Manager
SUBJECT: Treasure Shores Park Phase ):
CHANGE ORDER NO. 1
DATE: October 29, 1991 FILE: trscol.agn
1.
DESCRIPTION AND CONDITIONS
,During .construction of Treasure Shores Park, many field
adjustments have been made to accommodate actual site
conditions. These field adjustments have minimized
destruction of'desirable native vegetation.
Staff has negotiated the attached Change Order No. 1 with
the Contractor, Schopke Construction. The new change in the
.Contract price for the additions and, deductions to the
..Contract is an increase in the amount of $ 9,684.69. This
.Change Order also provides for a twenty day time extension
that was needed to make these field adjustments.
ALTERNATIVES AND ANALYSIS ."
The alternatives areas follows:
Alternative No. 1 `..: :..yy' ,,�• :.
Authorize Change Order No.''"1 -'in ' the::amount :• of
'9,684.69, this would result in a'revised Contract,
amount of $39!,994.69.
Alternative No. 2
Deny authorization of the Change Order and
re -negotiate.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1, authorization of Change
Order No. 1 be approved. Funding is from Account
311-210-572-066.51.
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Director Davis corrected staff's memo on this item. This memo
alluded to the fact that the majority of this change order is
necessitated due tochanging landscaping and vegetation. He said
another memo will cover those kinds of things. The subject change
order is mainly predicated on bathhouse modification due to the
ramping for the bath facility for handicap requirements as well as
some other items, but mainly dealing with the bathhouse. The
future change order will reduce the project cost and staff hopes to
cut back some of the landscaping. Mr. Davis stated that,
additionally, there has been an effort to preserve the native
vegetation and felt there has been success in doing that.
Commissioner Eggert asked if there are changes expected on the
disability laws due in January that might cause any radical changes
in our parks.
Director Davis did not think there will be any changes.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 1 in the amount of $9,684.69 for
Treasure Shores Park, Phase I, which would result in
a revised contract amount of $397,994.69, as
recommended by staff.
SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
SOUTH A1A SIDEWALK RESIDENT OBSERVATION SERVICES AMENDMENT NO. 1
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 28, 1991:
60
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson c
Capital Projects Manager
SUBJECT: South A1A Sidewalk Rasident Observation Services
Amendment No. 1
DATE:. 'October• 28, 1991 FILE: alasidwk.agn
DESCRIPTION AND CONDITIONS ;.
Kimball/Lloyd, Inc. is under contract with Indian River County to
provide resident observation services during construction of the
sidewalk on the west side of A1A from the south city limits of
Vero Beach to the south Moorings line (Spyglass Lane). The
estimated time of completion for the sidewalk (based on the
Contractor's schedule) was ten weeks. The Contractor has not
been able to meet his original schedule and the construction of
the sidewalk looks like it will take closer to seventeen weeks to.
complete . i E.
Attached is an Amendment to provide an additional forty-two hours
of resident inspection time based on'six:hours per week for seven
weeks. At a fee of $32 per hour, the cost of these additional
services is $1,344. This added to the current not -to -exceed
amount of $3,200 results in a new not -to -exceed amount of $4,544.;
RECOMMENDATIONS AND FUNDING• ry,.. f!��
is
''It is recommended that Amendment No.: 'T : be .approved.' Funding • is.�
from account 173-214-541-066.31. - ;''';"";: ":
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
Amendment No. 1 for South A1A sidewalk, additional
Resident Observer Services in the amount of $1,344,
as recommended by staff.
SAID AMENDMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
PURCHASE AUTHORIZATION - CR 510 AND SR A1A RIGHT OF WAY ACQUISITION
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 28, 1991:
61
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TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.E.F.--15
Capital Projects Manager
SUBJECT:
Purchasf.. Authorization
CR 510 and SR A1A Right -of -Way Acquisition
-DATE: October 28, 1991 FILE: cr510.agn
',DESCRIPTION AND CONDITIONS
•Indian River County is planning to widen CR 510 and install
signalization at the intersection of CR 510 and SR A1A. The
additional right-of-way needed to accomplish this project
consists of 10 parcels as shown.on the attached map. :.
An Option 'Co Purchase and Contract for Sale was sent to each.-:
- property owner for the appraised value of the parcel.•°Three.�
of the property owners have agreed to sell the Countyright-,,'
;:.of -way parcels as follows: : ' . •�... :' - :� ..,:
Parcel # 106 . "Norman C.� & Suzanneolz • -, B. M�• `' ark;::$ 4,632.00 `
' i S
Parcel # 107 `'-4John.& Geraldine P. McPherson $ 4,660.20-`;,'
Parcel # 108 Gladys S. Holemeyer •.• '$.4,632.00 •
RECOMMENDATIONS AND •. , .-y: �'� .
A FUNDING ,;r .= f'�'
� � :*;`,�.�'�'. � •+.,fir �� ,:f!��r.r'e• �..`f. .,• �1 1l •::d�•�!•'�{�.M•�...
t
Staff recommends the Board approve the Option ' to '
y .,..1".tPurchase and'
fiContract for Sale and • Purchase • Agreements for Parcels 106;7'.1':0
107 and 108 and. authorize the Board Chairman to execute .:the ►;� ; ;,,
agreement and 'all other related documents. ;,�•::''
Staff also requests that."the a
Bord •authorize payment' of.:'
attorney's fees up to a not -to -exceed amount of 6% of the selling
price and miscellaneous closing. costs.
Funding to be•from account #101-151-541-067.11. " •..•
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
Options to Purchase and Contracts for Sale and
Purchase for Parcels 106, 107 and 108 for CR510 and
SR A1A right-of-way and authorized the Chairman to
execute the agreements and all other related
documents.
SAID OPTIONS AND CONTRACTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
FBIP GRANT APPLICATION FOR ROUND ISLAND PARK IMPROVEMENTS
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 24, 1991:
62
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
Terry B. Thompson, P.E.
- Capital Projects Manager
FROM:
SUBJECT: FRIP Grant Application for Round Island
? '• .Park Improvements
DATE: 'ir:,<".00TOBER.24, 1991. FILES fbip.agn
DESCRIPTION AND CONDITIONS '•`;`
On October 8,11991,'Indian River County accepted a $130,000
Waterways- Assistance Project grant for Round Island Park
Improvements from the Florida Inland Navigation District
•(FIND). ;" .
Scheduled improvements include construction of paved'access
road, parking, restroom building, additional boat ramp, and
waterfront ..boardwalk 'with fishing .docks... The total
estimated cost of these improvements is $280,000
Attached .•1s -a. Florida = Boating'`Improvements 'Program (FBIP)•.
grant application-'in.the amount of: $150,000 to match.. the
.$130,000 grant ''•that:the County accepted from 'FIND.': The
unobligated balance of FBIP funds available to. Indian. River;
County is, $226,683.05. .: ;y , .r.f% ; •,� '� ,,:, :, '::.a
RECOMMENDATIONS AND FUNDING' •
Staff recommends•that a'motion be made,to adopta resolution;
for'assistance'under the Florida Boating Improvement•Program'
.. for;,•Improvements .to Round Island Park.”, •
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 91-170 for financial assistance under the
Florida Boating Improvement Program for improvements
to Round Island Park, as recommended by staff.
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BOOK 8 Frtt,E '� 6
RESOLUTION NO. 91-170
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM
WHEREAS, THE Board of County Commissioners of Indian
River County Florida (BOARD) is interested in carrying out the
,following described project for the enjoyment of the citizenry of
Indian River County and the State of Florida:
Project Title Round Island Park Improvements
Total Estimated Cost $ 280,000
Brief Description of Project:
Construction of paved access road, vehicle and boat
trailer parking, restroom building, additional boat ramp and
dock, waterfront boardwalk and other related improvements.
AND, Florida Boat Improvements Program (FBIP) financial
assistance is required for the program mentioned above,
NOW THEREFORE, be it resolved by the BOARD that the
project described above be authorized,
AND, be it further resolved that said BOARD make
application to the Florida Boating Improvement Program in the
amount of $150,000 in behalf of said County.
AND, be it further resolved by the BOARD that it
certifies to the following:
1. That it will accept the terms and conditions set
forth in FBIP Rule 16D-5 FAC and which will be a part of the
Project Agreement for any assistance awarded under the attached
proposal.
2. That it is in complete accord with the attached
proposal and - that it will carry out the program in the manner
described in the proposal and any plans and specifications
attached thereto unless prior approval for any change has been
received from the District.
3. That the project will be operated and maintained
at the expense of said BOARD for public use for a minimum of 25
years from the date of project completion.
4. That it will not discriminate against any person
on the basis of race, color or national origin in the use of any
property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title
64
VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design
and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other
federal, state and local laws, rules and requirements.
5. That it will maintain adequate financial records
on the proposed project to substantiate claims for reimbursement.
6. That it will make to FBIP i'f requested, a
post -audit of expenses incurred on the project prior to, or in
conjunction with, request for the final 10% of the funding agreed
to by FBIP.
Wheeler
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was
seconded by Commissioner Bowman and, upon being
put to a vote, the vote was as follows:
Commissioner Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5 day of November , 1991.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
BY
EIGHTH STREET WATER MAIN EXTENSION
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 14, 1991:
65
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DATE:
TO:
•
FROM:
PREPAPED
AND STAFFED
BY:
SUB$ECT:'
OCTOBER 14, 1991
.JAMES E. CHANDLER
',.:. COUNTY ADMINISTRA
TO
' •.TERRANCE G. PINTO
DIRECTOR UT i,I SERVICES
H. D. "D
P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
EIGHTH STREET WATER MAIN EXTENSION
IRC PROJECT NO. UW88-14-DS
CHANGE ORDER NO. 1
BACKGROUND'
•
The subject project extends a 12" water main on 8th Street, west to 'an
existing stub -out near 27th Avenue. The stub -out comes from a dry -line
16" x 12" cross at the intersection of 8th Street and 27th Avenue. It
is necessary to disinfect and test the existing cross to allow for
tying onto future projects. It is also necessary to make the following
changes as stated under Analysis.
ANALYSIS 'v
In order to connect the proposed line to an existing line on 22nd:
Avenue, it is necessary to cut an asphalt drive on 10th Street and to.
cross122nd Avenue. (See attached location map.) It was originally
believed that the water line on 22nd Avenue was on the west side of the
roadway, but was determined in the field to be on the east side, ,so .a
road cut was .required.
This change order also is to request installation of eight single
services in lieu of four dual services to eight residents ,.on •26th,
Avenue (north).' In this case, four of the residents would be required.
to run a line across their entire property and under a double drive to
reach theirwater service entry, where most of the residents will have
meters placed on the side closest to their water entrance. The total
cost of the requested changes equals $3,119.28. (See attached Change
Order No. 1.) In addition, a time extension is requested. Original
contract time is 60 days, but due to excessive rainfall on numerous
days, the contractor has not been able to work continuously.
Time extension for connection to dry -line, installation of valve,
flush, chlorinate, and sample: 3 days
Time extension for inclement weather: 48 days
Total time extension request: 51 days
1RECOMMENDATION
It is recommended that the Board of County Commissioners approve Change
Order No. 1, in the amount of $3,119.28, and a 51 -day contract time
extension.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 1 to the Eighth Street Water Main
Extension Project, in the amount of $3,119.28 and a
51 -day contract time extension, as recommended by
staff.
SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
66
BLAIR SMITH LETTER
Chairman Bird asked for comments from the County Attorney
regarding Blair Smith's letter in which he made certain accusations
and requested a $100,000 settlement by the County.
Attorney Vitunac's suggestion, after discussing the subject
with the County Administrator, was to advise Mr. Smith that the
County is not authorized to hand out $100,000; he must file a
lawsuit against us and win and, of course, we would defend it.
Also, we are not responsible for the people who are named in his
letter.
Commissioner Scurlock thought there is' a statute of
limitations.
Attorney Vitunac confirmed there is a statute of limitations
and Mr. Smith's attorney should tell him that.
Commissioner Scurlock stated that over approximately 12 years,
Mr. Smith has submitted well over a hundred letters of this type.
Mr. Smith has been supplied with public records and Commissioner
Scurlock felt we have spent too much time on this matter.
Chairman Bird requested, and Attorney Vitunac said he would
send a letter to Mr. Smith.
There being no further business to come before the Board, on
motion duly made, seconded and unanimously carried, the
meeting adjourned at 11:30 o'clock A. M.
ATTEST:
J. arton, Clerk Richard N. Bird, Chairman
67
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BOOK 64 PACE