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HomeMy WebLinkAbout12/10/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, DECEMBER 10, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock, Jr. James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board ************************************************ 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Don C. Scurlock, Jr. 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS (I) As item G. on the .Consent Agenda, thoriz ati on for ,County. Attorney_•/staff to attend DCA Special Districts Seminar in Tampa on Dec. 10-13, 1991. (21 Acceptance of two resignations from the Affordable Housing Advisory Committee. (Item 13-D-1) 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting - Nov. 12, 1991 7. CONSENT AGENDA A. Release of Utility Liens (memorandum dated November 26, 1991) B. Award of Bid 92-47 / Anita Park Water Main Extension (memorandum dated November 25, 1991) C. Bid 92-40 / Calcium Hyphchlorite (memorandum dated November 27, 1991) D. National Flood Insurance Program Community Rating System Application (memorandum dated December 2, 1991) E. Newborn Seedling Pilot Project (memorandum dated November 27, 1991) F. Authorize Chairman to sign a letter of support to FHA for affordable housing for the elderly in Indian River County (letter dated December 2, 1991) aorir FADE 17 DEC 0 1991 BOOK 60 FAGE 16 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Supervisor of Elections: Purchase of Used Voting Booths (memorandum dated December 4, 1991) 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEP.RINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 207 - LICENSING AND LICENSE TAXES (memorandum dated December 2, 1991) 2. Public Hearingfor the Paving & Drainage Improvements to 10th Court SW Between 11th St. SW and 9th St. SW (memorandum dated November 18, 1991) 10. COUNTY ADMINISTRATOR'S MATTERS None .. 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES Modification . of the FY -92 Radiological Emergency Preparedness Agreement (FP&L Grant) (memorandum dated December 3, 1991) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS None H. UTILITIES None 12. COUNTY ATTORNEY None i 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER • 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 1. Bid #92-38 / Hydraulic Excavator Sheer (memorandum dated November 25, 1991) 2. Resolution of S.W.D.D. Yard Trash Policy (memorandum dated November 26, 1991) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. BOO. 85 PAGE DEC 10 1991 Tuesday, December 10, 1991 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, December 10, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested the addition to today's Agenda as Item 13-D-1 of the acceptance of two resignations from the Affordable Housing Advisory Committee. Attorney Vitunac requested the addition as Item G on the Consent Agenda of authorization for he and his staff to attend the Dept. of Community Affairs Special Districts Seminar in Tampa on Dec. 10-13, 1991. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the addition of the above items. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 12, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of 11/12/91, as written. Pt10K. 6b PAGE 20 DEC 10 199 SEC 1 O 199 CONSENT AGENDA POOK Li PAGE Commissioner Wheeler requested that Item D be removed from the Consent Agenda for discussion. A. Release of Utility Liens The Board reviewed the following memo dated 11/26/91: TO: Board of County Commissioners e. FROM: Lea R. Keller, CLA, County Attorney's Office DATE: November ?6, 1991 RE; CONSENT AGENDA - R.C.C. MEETING 12/10/91 RELEASE OF UTILITY LIENS I have prepared the following lien -related documents and request that • the Board authorize the Chairman to sign them: 1. Satisfactions of Impact Fee Extension Liens in the names of: BIEBEL . SMITH 2. Releases of Special Assessment Liens from A -1-A (North Beaches) PROJECT in the names of: BORKENHAG1 • RIEDEL _ - KEPNES . Release of Special Assessment Lien from 12TH STREET PROJECT in the name of: Release of Special Assessment Lien from INDIAN RIVER BOULEVARD in . the name of: PRIESTLY (2) YOST ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the release of the lien -related documents listed above, as recommended by staff. COPIES OF RELEASES OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 2 B. Award of Bid 92-47 -- Anita Park Water Main Extension The Board reviewed the following memo dated 11/25/91: DATE: November 25, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator FROM: SUBJ: B.T. "Sonny" Dean, Director Department of General Sery ces Fran Boynton, Purchasing Manager Award of Bid 92-47/Anita Park Water Main Extension Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertisement Dates: Replies: November 20, 1991 October 30, Nov 6, 1991 6 (Six) BID TABULATION TOTAL LUMP SUM G.E. French Construction $22,835.00 ;Okeechobee, FL Ted Myers Contracting $25,304.80 Winter Beach, FL D.J. Donahue $25,332.50 Pt St Lucie, FL GBS Excavating $28,847.50. Ft Pierce, F1 -- JoBear, Inc $34,56-3.60 Palm Bay, FL Tri -Sure Aurburndale, FL $36,185.00 TOTAL AMOUNT OF BID: $22,835.00 SOURCE OF FUNDS: 38th Place (Anita Park) Impact Fees ESTIMATED BUDGET: $27,430.00 RECOMMENDATION: Staff recommends that the bid be awarded to G.E. French Const. as the lowest, most responsive and responsible bidder meeting specifications set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached agreement when all requirements re :::e L and approved as to form by the County Attorney. 3 DEC 10 99 [100 FADE BOOK ' ‘31 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid 92-47 to the low bidder, G.E. French Construction, as set out in the above staff recommendation. (AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD) C. Award of Bid 92-40 -- Calcium Hyphchlorite The Board reviewed the following memo dated 11/27/91: DATE: November 27, 1991 TO: THRU: James E. Chandler, County Administrator BOARD OF COUNTY COMMISSIONERS H.T. "Sonny" Dean, Director Department of General Servi FROM: Fran -Boynton, Purchasing Manager SUBJ: Bid 92-40/Calcium Hyphchlorite Utilities Department BACKGROUND INFORMATION: Bid Opening Date: November 13, 1991 Advertisement Dates: October 30, Nov. 6, 1991 Replies: (5) Five BID TABULATION UNIT PRICE EXTENDED TOTAL Gorman Co., Inc Melbourne, FL "PB & S Chemicals Orlando, FL Apperson Chemicals Jacksonville, FL Allied Universal =Miami, FL 85.00 86.20 87.00 Novachem 110.00 Baton Rouge, LA BUDGETED AMOUNT: $1,305.00 SOURCE OF FUNDS: Sewer Utilities Chemicals $1,275.00 $1,293.00 $1,305.00 $1,320.00 $1,650.00 TOTAL AMOUNT OF BID: $1,275.00 RECOMMENDATION: Staff recommends -that the bid be awarded to Gorman Co., Inc as the lowest, most responsive and responsible bidder meet- ing the specifications set forth in the Invitation to Bid. 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously awarded Bid 92-40 to the low bidder, Gorman Co., Inc., as set out in the above staff recommendation. D. National Flood Insurance Program - Community Rating System Application The Board reviewed the following memo dated 12/2/91: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: obert M. Keat n,, A Community Develo.men Director FROM: Roland M. DeBloi CP Chief, Environmental Planning DATE: December 2, 1991 a'RE: National Flood Insurance Program Community Rating System Application It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on December 10, 1991. DESCRIPTION & CONDITIONS: Indian River County is currently -a participating -community (in good standing) under the National Flood Insurance Program (NFIP). Administered by the Federal Emergency Management Agency (FEMA), the NFIIr'is a program which provides --residents •within participating communities the opportunity to purchase federally subsidized flood `insurance. Such insurance is mandatory for residents to obtain a mortgage on any structure located within the 100 year flood plain. Recently, FEMA developed a new nation-wide initiative called the Community Rating System (CRS) which enables a participating community to apply for reduced insurance premiums, if the community undertakes activities exceeding minimum NFIP requirements. It is FEMA's intent that the CRS will result in reduced flood losses and/or increased awareness_of the availability of flood insurance. The CRS program became operational in FY' 91, and FEMA has begun accepting applications for CRS designation. The CRS application "window" is now open, but this window will close on December 15, 1991. Consequently, Indian River County only has until December 15, 1991 to apply for CRS program designation during the current window of opportunity. Presently, Indian River County already undertakes activities which may qualify the county for a "Class 9" rating under the CRS program. Such a classification would result in a 5% reduction over current flood insurance rates for county residents. If an application was submitted and approved, reduced rates would go into effect in FY' 92. 5 DEC 10 R91 iLt BOOK :)5 pAGL Planning staff have been compiling information to prepare for the submittal of a complete CRS application. Among the materials necessary for a complete application, a cover letter to FEMA's regional office from the "Chief Executive Officer" (County Commission Chairman) is required. The letter must request a CRS reduced premium classification, identify the CRS coordinator for the community, and certify that activities proposed for credit are being implemented. This memorandum is to request that the Board authorize planning staff to submit a CRS application, and authorize the Board Chairman to sign an application cover letter as referenced. ALTERNATIVES & ANALYSIS: A recent letter from FEMA provides an estimate that, if Indian River County succeeds in obtaining a Class 9 rating through the CRS program, unincorporated Indian River County flood insurance policy holders could save a combined total of + $60,000 per year (see = attached) . '- Other than staff time, there is no cost involved in submitting a CRS program application, and staff feels that the county can qualify for a Class 9, 5% premium reduction based on present activities.: Incoming years, the county may qualify for further rate reductions if additional education/awareness and flood loss prevention activities are initiated. RECOMMENDATION:. Staff recommends that the Board authorize staff to submit a complete CRS application, --including a cover letter from -the Board - Chairman requesting a Class 9 CRS classification, identifying the community development director (or his .designee) as CRS .coordinator, and certifying implementation of credit activities. Commissioner Wheeler inquired if anything is changing or if it is just as it appears. Robert Keating, Director of Community Development, confirmed that it is just as it appears. All we are requesting today is authorization to submit the application. FEMA will reduce insurance rates for policy holders within the county if we can show we are taking special actions to actually make the program work better. There is no guarantee that we will get this better designation, but there is no cost to submit the application and there are no additional requirements being placed on us. Chairman Bird understood then that they are not putting any additional strings or limitations on us by requesting the desig- nation, and Commissioner Eggert added that she understood that by doing this we are not prevented from applying for corrections. 6 DEC 10 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously authorized staff to submit a complete CRS application, including a cover letter from the Board Chairman requesting a Class 9 CRS classification, identifying the community development director (or his designee) as CRS coordinator, and certifying implementation of credit activities. December 11, 1991 C. Richard•Mayson, Chief Natural Hazards Branch, NTHD FEMA - Region IV 1371 Peachtree Street, NE, Suite 700 Atlanta, GA 30309 RE: Indian River County CRS Application Dear Mr. Mayson: I am writing in my capacity as Chairman of the Indian River County Board of County.Commissioners, requesting a Class 9 Community Rating System (CRS) classification for unincorporated Indian River County. Please find enclosed two copies of a complete CRS application, including a summary, Application Worksheets, and appropriate documentation. I hereby certify that Indian River County is implementing the activities described in the aforementioned material. Moreover, I hereby certify that, to the best of my knowledge, Indian River County is maintaining, in force, all flood insurance policies that the County was required to obtain as a condition of Federal financial assistance for insurable buildings owned by the County and located in special flood hazard areas, as applicable. The Board of County Commissioners has designated Community Development Director Bob Keating, dor his designee, Roland DeBlois, Chief of Environmental Planning) as the County CRS. Coordinator. Bob or Roland can be reached at: I.R.C. Community Development Dept. 1840 25th Street Vero Beach, r.lori.da 329608 (407) 567-8000, ext. 254 Indian River County has only one "repetitive loss property," as described in the enclosed material (pertaining to Activity 510). By this letter, I certify that the subject property owner will be sent information on flood protection measures each year, by county planning staff. I trust you find this CRS Application complete. If you have any questions, please contact Bob Keating or Roland DeBlois. Sincerely, Richard N. Bird, Chairman' Board of County Commissioners Ind.an River County cc: Charles Speights, State NFIP Coordinator 991 7 � L�: [koo FA E. rr- !EC 10 1S` tlooF )t PAGE E. Newborn Seedling Pilot Project The Board reviewed the following memo dated 11/27/91: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: obert M. K -a i , AI Community Develo men FROM: Roland DeBlois,'AICP Chief, Environmental DATE : . November 27, 1991 irector Planning RE: Newborn Seedling Pilot Project It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of December 10, 1991. DESCRIPTION AND CONDITIONS: In February 1991, fifth grader Ashlee Smith of Thompson Elementary School sent a letter to the City of Vero Beach and Indian River County, suggesting that the city and county initiate a program •:whereby a tree would be planted each time a baby is born in Indian .River County. Since the initial correspondence, the Vero Beach Tree Commission has studied the feasibility of a newborn seedling project. In contacting' Indian River Memorial Hospital (IRMH) personnel, 'the Commission found that the hospital would be willing to issue a certificate to the parents of newborns, whereby the certificate could be turned in at an annual Tree Commission seedling sale for a free seedling. IRMH newborn records indicate that roughly ±1000 babies are born at the hospital annually. Tree seedlings for the project can be obtained for a cost of 50 cents each, through the Urban Forester. Using. a conservative 1200 newborn estimate, a one year pilot program would therefore cost $600. The Tree Commission has requested that Indian River County contribute half ($300) toward a first year pilot newborn seedling project, to'be implemented starting in January,1992. The program would be implemented by the Tree Commission, in coordination with IRMH. ALTERNATIVES'' AND ANALYSIS: a A separate•account number (ii'J-uuu-s34-00i.00) has been allocated by the county for tree protection ordinance violation fines. The present balance of the account is $4,000. Use of the account funds as the source of a $300 contribution toward the newborn seedling pilot project would be appropriate, serving the mitigation of protected tree losses. If the pilot program is successful, staff would recommend continued use of the referenced account to contribute to the program on a yearly basis. RECOMMENDATION: Staff recommend that the Board of County Commissioners authorize • the use of $300 from account number 117-000-354-001.00 for one half cost contribution toward a newborn seedling pilot project. 8 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the use of $300 from account number 117-000-354-001.00 for one-half cost contribution toward a newborn seedling pilot project, as recommended by staff. F. Letter of Support to FHA for Affordable Housing for the Elderly in IRC The Board reviewed the following letter dated 12/2/91: COMMERCI aumvESTM6N s December 2, 1991 Mrs. Carolyn Eggert Chairman, Affordable Housing Committee % Indian River County Administration Building 1840 25th Street Vero Beach, FL 32960 Dear Carolyn: *1 VET BRUT. P O. BOX 6007 ven0 BEACH, FL 32961.100? T61.(467) 7',84801 4E7) 776.190% 3003 OCEAN t Ptvt. F.O. BOX 24650 VERO BFACH. PL32164 346g 1511 U S. HIGHWAY 411 O SEBASTIAN. Fl 32996'4831 TEL. 1407) 6994442 Royal American Development, Inc., is submitting a 36 unit affordable housing proposal for the elderly, to Farmers Home Administration for funding:- It will be located on 3 acres in Tract A, Fellsmere Road next to Chesser Gap, P.U.D. This is to be non -subsidized housing. One of_ -the items in the package that Farmers Home requires -to be submitted is, a letter of support from the county indicating we have a need. I have attached a suggestion, but you may be more familiar than 1 am as to what these agencies are looking for.. We are representing Royal American, in the purchase of the site. Please give me a call if you need anything else. very tr ly your DEC 10 ' 99 a S. Lisey 9 BOGY PAF. (C) DEC i . i99 BOOK -5 PAGE ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to write a letter of support to FHA for affordable housing for the elderly in Indian River County. Telephone: (407)5674000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 • Ms. Kim Kelley December 10, 1991 Suncom Telephone: 224-1011 Administrative Assistant to the Vice President Royal American Development, Inc. 1002 W. 23rd Street, Suite 400 Panama City, FL 32405 Re: FARMERS 'HOME ADMINISTRATION, funding for an affordable housing complex for the elderly in Indian River County Dear Ms. Kelley: ':The Board of County Commissioners' Affordable Housing Committee,- acknowledges a need for affordable housing for the elderly in Indian River County. We understand that this will.be non -subsidized housing for 36 units. We would support such a project as long as it meets all county requirements. Sincerely, Richard N. Bird Chairman 10 G. Authorization of Out -of -County Travel - County Attorney ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized out -of -county travel for County Attorney/staff to attend the Dept. of Community Affairs Special Districts Seminar in Tampa on December 10-13, 1991. SUPERVISOR OF ELECTIONS - PURCHASE OF USED VOTING BOOTHS Minkixv US. DEC 10 L_ The Board reviewed the following memo dated 12/4/91: December 4, 1991 TO: HON. DICK BIRD, CHAIRMAN, BCC FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS RE: PURCHASE OF USED VOTING BOOTHS/AGENDA ITEM FOR 12-10-91 We have an opportunity to buy 64 used Model V voting booths like the+ones already owned by the county for elections. New voting booths of this type cost $362; the price asked for the used booths from Boone County, Missouri, is $199. I have been trying to locate some more used booths for the last year and, until now, could not find any Model V's. Florida Statute 101.72 requires that we have one voting booth for each 125 registered voters, and we need.rmore booths before the 1992 elections. In April of 1989 the county voted to'purchase 40 used Model V's for $180 from Business Records, but they only have new booths for sale now. We need 20 more booths for the 1992 elections. Because these booths offered for sale are suitable for punch card, optical scan, and paper ballot systems, I recommend that the county purchase all of them now while they are available. The cost to you would be $12,736. Please see attached graph. These booths can be purchased through Election Data Direct, Inc., Jeff Sammis, Sales Manager. Mr. Sammis said that he will try to attend the commission meeting on December 10 in case you have any questions. The booths will be furnished with new 312 position templates, new serrated stylus tips, and new ballot frames; there will be a one year warrenty period on the booths. If you agree with my recommendation, please vote to amend the elections budget and put $12,736 in 001-700-519-066.41 for the purchase of 64 used Model V voting booths. Thank you. One of the booths is in our office for examination. 11 BOOK. ca PAGE 30 DEC 10199'.: ROOK 85 PAGE 31 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized the purchase of 64 used Model V voting booths and amended the Elections budget by putting $12,736 in account number 001-700-519-066.41 for the purchase of the booths. PUBLIC HEARING - ORDINANCE OF INDIAN RIVER COUNTY ADDING A NEW CHAPTER 207 - LICENSING AND LICENSE TAXES The hour of 9:05 o'clock A.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily advertisement,newspaper published at Vero Beach in Indian River County, Florida; that the attached copy a r 1C;) in the matter of L4/T/`rl in the Court, was pub- lished in said newspaper in the Issues of /G�itf,ti tV 3', /0/ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. f , Sworn to and subscribed before me this < /�' day of th 4.19 9/ C i (�� 1, ) : ..:•►' kJ;47101 0 f, •ibiBu$iness Manager) _ __ . ; ` 1, L=•f..'' (SEAL) , ••••."-:, a...� ..f•••}...�.t.1 12 1• • The Board of County Co CNOIMEanardssioners of khan River County. Fbdda, hereby provides notloe of a Rabic • scheduled far 905 a.m. • an Tuesday. D o 1% 1991. to dlscim the tobwi g pro- ; posed ordinance entitled: • i . AN ORDINANCE OF INDIAN INANCE RIVER COUN- �: . TV, FLORIDA, ADDING A NEW CHAPTER .-' 207 — UCENSING AND LICENSE TAXES. the Mapped wt� Pub1 Hear g an December Fray be made at 10,1991, will need to enawe that a verbatim record of the proceeangs la made. which Includes testi- mony and evidence upon which the appeal b based. The Board reviewed the following memo dated 12/2/91: TO: Board of County Commissioners �� FROM: Terrence P. O'Brien - Assistant County Attorney DATE: RE:• December 2, 1991 PUBLIC HEARING - 12/10/91 - CHAPTER 207 ORDINANCE ADDING LICENSING AND LICENSE TAXES The attached ordinance has been prepared in connection with the ongoing revision of the Indian River County Code (1974 edition) . The Board of County Commissioners has previously authorized the advertising of this ordinance for a public hearing on December 10, 1991. Staff recommends approval of the attached proposed ordinance. Assistant County Attorney Terry O'Brien explained that this is merely a recodification of Chapter 15 putting it into the new Volume 1. There is no change in the cost or anything. Two questions have been raised, one regarding the licensing of real estate brokers and their sales people and another regarding the licensing of doctors practicing under one practice. On inquiry he found that the county does not charge the real estate salesmen, so it should remain as written, "real estate broker". Commissioner Scurlock asked_how you differentiate between the similar situations of a real estate broker employing several real estate agents and more than one physician practicing under the same professional association. Attorney O'Brien felt the only difference is that doctors make a lot more money. He didn't feel there was a real dis- tinction there, but it was not his intent to change it at this time. Commissioners Eggert and Scurlock reported that they have received 5 or 6 letters, apparently from the same people, who feel that this license fee is double taxation. Commissioner Wheeler pointed out the inequity in the enforcement language under Section 207.05, paragraph 4, and Section 207.07. 13 BOOK. DEC 101991 F'AJL .� , r DEC 10 1,99 BOOK 6,j PAGE c.c 4. It shall be the duty of every person taking over or purchasing an existing business which is=required to be licensed under this chapter to notify the tax collector of the county within thirty (30) days, and upon failure to do so the person shall be deemed uilt of a misdemeanor, and upon cony c ion ereo s a e ne no more an one hundred' dollars ($100.00) or -confined in the county jail for not more than six (6) months, or both, in the discretion of the court. Section 207.06 Issuance of license; compliance with state laws No license shall be issued until all applicable state laws are complied with, Including, but not limited to required licensing and qualification standards. Section. 207.07 Making false statement In application for license Any person who, in applying to the tax collector for a license based upon capacity-, number of persons employed, or any other contingency, shall make a false statement of capacity, number of person employeed, or other contingency, shall be eme • � of • f a county ordinance an• su• ec to pena t es prov ded therein. Attorney O'Brien felt those provisions and the penalty provision on the final page of the ordinance could be deleted if the Board wished since we have a general provision in Section 100.05 for any violation of Indian River County Code . He advised that the only state requirements here are the amount of money you can charge, and we cannot change that. The last increase in charges was in 1986. The Board agreed on the deletion of the misdemeanor and violation language in Sections 207.05 and 207.07 and the deletion of Section 207.106 in its entirety. Chairman Bird asked how we handle attorneys in -the licensing of professionals, and Attorney Vitunac explained that each attorney pays a charge and if there is a corporation, the corpor- ation pays a charge. In other words, if there are 20 attorneys in a corporation, there would be 21 licenses, the same as doctors. The question is whether a doctor must pay two fees if the office gets down to only one doctor. In the case of real estate offices, just the real estate broker pays the fees, not the real estate agents. Commissioner Scurlock felt we need to be consistent if we are charging professionals, and wondered why realtors would not be included. 14 Commissioner Wheeler felt the realtor situation was more comparable to nurses working in a doctor's office. Commissioner Eggert understood that we are talking about a $30 license fee here and stated she would feel differently if we were talking about $500 or more. Attorney Vitunac.suggested that the Board either pass this ordinance today and get it into the new book, while setting up a committee to look at changing the way the professional licenses are issued, or postpone the adoption of the ordinance until such time as a recommendation can be brought to the Board. The last time this ordinance was looked at was when Bruce Barkett was here and it was reviewed by a committee chaired by Tax Collector Gene Morris. Commissioner Scurlock pointed out that a committee also could look into better enforcement of occupational licenses. The requirements for occupational licenses in Indian River County are far less than St. Lucie County. He felt we should pass the ordinance today with the deletion of the violation and misdemeanor language and have it sent to committee for reconsideration of the professional licensing section. Chairman Bird asked about the case of non-profit organi- zations being charged a fee of $250 for staging an event of only one or two days' duration. He was concerned that $250 might be a hardship in many cases, and wondered if we could extend an exemption. Commissioner Eggert suggested that we require a cleanup deposit instead. Attorney O'Brien advised that we could expand Section 207.12, which exempts charitable organizations under certain circumstances, and give them a blanket exemption on various types of fund-raising activities. Right now, it is limited to projects performed exclusively by the members. Before doing that, Commissioner Scurlock wished to see a clearer definition of non-profit or charitable organizations. He cautioned that there are a lot of individual non-profit organi- zations out there where as much as 70% of their incoming revenue goes to administrative costs. Certainly, the intention is that the exemption be applied to the local churches, civic organi- zations, etc., but there are an awful lot of organizations that don't fall into that category. Commissioner Wheeler suggested that we have the committee look at that also. Chairman Bird just didn't want to see the $250 fee be the straw that broke the camel's back as far as allowing these things 15 DEC 10 1991 I., E O[lK PA6E. DEC 10' BOOK , + FAU 35 to continue because these events are something the community enjoys. Commissioner Eggert agreed the matter should be added to the study, and Attorney O'Brien advised that the recommendations for changes would be done very expeditiously. The Chairman opened the public hearing, and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. 1. '1 . ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 91-49, as amended above, adding a new Chapter 207 - Licensing and License Taxes. ORDINANCE 91-4_9_ AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 207 - LICENSING AND LICENSE TAXES. . WHEREAS, Indian River County is in the process of enacting a new code of Ordinances; and WHEREAS, this ordinance has for its purpose the editorial transfer of the regulations governing licensing and license taxes from the old code to the new code, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. NEW CHAPTER. A new Chapter 207 Licensing and License Taxes, as set forth in Attachment "A" to this ordinance is hereby adopted. SECTION 2. REPEAL. Those portions of the Indian River County Code (1974) superseded or in conflict with the provision herein adopted, in particular Chapter 15, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining 16 portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 100 day of December , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the 1 5 day of November , 1991, for a public hearing to be held on the 10 day of December , 1991, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Wheeler , and adopted by the following vote: Chairman Richard N. Bird Vice Chairman Gary C. Wheeler Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Carolyn K. Eggert Aye Ave &Le Aye Aye BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA ORDINANCE 91-49 IS ON FILE IN ITS ENTIRETY IN THE OFFICE OF THE CLERK TO THE BOARD PUBLIC HEARING - PAVING & DRAINAGE IMPROVEMENTS TO 10TH COURT SW BETWEEN 11TH STREET SW AND 9TH STREET SW The hour of 9:05 o'clock A.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: 17 DEC 10 '99 sora`Jl'AE. OLP OEC 10 25 33 39 00008 0040 000018.0 North 70 feet of South 289.2 feet of West 100 feet o1 East 110 feet of West 10 acres of East 20 acres of Tract 4, as recorded n O.R. Book 827, Page 1147. 25 33 39 00606 0040 000019.0 Nath 70 feet of South 359.2 feet o1 West 1001eet of Fest 110 lent of West 10 acres of East 20 acres of Tract 4, as recorded In O.R. Book 645.0Paoo 828. 25 33 390040 000020.0 The West 100 feet of the East 110 feet of the North 70 feet o1 the South 429 feet of the West 10 acres o1 the East 20 acres of Tract 4, Section 25. Toto wnship 33 South, R 39 Eastpthe landsfthe Indian Riva Flast � plat of the Pub Recordsany recorded * 81. Book Ludee�Cow t 25 y. Florida. Now tyingin Inches River Canty. Fswlda. . 25 33 39 00008 0040 000021.0 The West 100 feet of the East 110 feet of the Nath 70 feet of the South 500 feet of the West 10 aces of the East 20 stores of Tract 4. Section 25, Twnhdlp1e33 South, Range39 pa East,last general plat of the lands �Mfthe Indian River Farms Com- rty recorded In 5 of the Public Records ofat St.ock 2, Page 2ouMb• Florida. Now lying In Indian Riva County, 233 Florida.9 00008 0040 000021.1 The West 100 feet of the East 110 feet of the North 210 feet of the South 710 feet of the West 10 acres of lute East 20 acres of Tract 4, Section 25, Township 33 South. Range 39 general plat of the Lands the the Rohrer Farms Com -- the Pubao Recordsy recorded in o Book Li cieeCCowily • Fkurida. Now lying In imen Riva County. Fbrk18. . 25 33 39 00008 0040 000022.0 The West 10 saes . of the East 20 acres of Tract 4. Section 25, Town- ship 33 South, Flange 39 East, accOrdig to One fast al platof recorded In Platt Book the lands of the 2. PenagRelva25 of Me Pubdo Records of SL Lucie County, Forma, LESS the South 100 feet of the West 320 feet the West 140 feet of the East 150 feet of the North 100 feet of the South 220 feet; The West 110 feet of the Nath 100 feet of to South 220 feet; the West 200 feet of the East 310 feet of the Nath 130 feet of the South 350 feet; the East 110 feet of the North 580 feel of One South 780 feet the East 135 feet of the North 350 feel of the South 1,120 feet: the East 128 feet of the North 130 feet: the North 210 fest of to Seth 630 feet of the West 200•feet; the North 100 feet of the South 730 feet of the West 80 feet the South 200 feet of the Nath 800 feet of the West 140 feet: the South 100 feet of the North 300 feeso1� West 140 feet the North 200 feet of the W feet, al !fog In Indian River Cosily, Fla - 25 33 39 00008 0040 000022.1 The West 126 feet of the East 135 feet of the North 280 feet of the South 1.080 feet of to West 10 acres o1 the East 20 acres of Tract 4, Section 25, Township 33 South. Range 39 East, according to the last general plat of the lards of the Indian River Farms Company recorded in Phot Balk 2, Papa 2S of the Public Records of St. Lurie County, Fbdda. Now lying In Indian Riva Canty, Florida. 25 33 39 00006 0040 000022,3 The West 126 feet of the Fest 135 feet of the North 70 feet of to _ South 1.130 feel of the West 10 acres of the East -20 eves of Tract 4. Section 25, Township 33 Southgeneral plat of the lands of theRange 39 IndianI dian River Fding to � Company recorded In Plat Book 2, Paas 25 of the Public Records of SL Lucie County. Fbdlfa, Now tying to Indian Riva Canty, Florida. 25 33 39 00008 0040 000022.5 Bee10**ig at the SE Darer of the West 10 acres of the East 20 saes of Tract 4, run Nath 120 feet, thence West 10 feet to Pont of Beginning, thence Nath 100 feet thence West 70 feet, thence South 100 feet, - thence East 70 feet hi Point of Best:ming, LESS Easterly 6 foot thereof for road right-of-way es re- corded in O.R. Book 733, - 847. 25 33 39 00008 0040 . , , , rr .6 The East 100 feet of the Nath 780 feet of the West 10 acres o1 the East 20 acres of Tract 4, Section 25. Township 33 South, Range 39 East, according to the last general plat of the Indian Rive Farms Company receded In Plat Book t. Lode ClwMy, Fladda. Now of the Pubec Rhea of R River County. Mi+9 n Ghliian River 25 33 39 00008 0040 000022.7 The East 128 feet of to South 110 feet of to North 130 feet o1 the West 10 acres of the East 20 eves of Tract 4. Sec - pun 25. Township 33 Scutt. Range 39 East. ao- oodIan to the last �al Ort of the larch of the Wan A Farms recorded In flat Book 2. Page 25 r4 the Pubs,: Records of St. Lucie Coun- ty, Florida, LESS the East 10 feel of to South 110 feet of the North 330 feet. Now do in M.8 .. mm NOW THEREFORE, BE rr RESt71.VE0 BY THE 80 /SID OF COUNTY COMM*SSIO*IEn3 OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. Thome foregoing recitals are affirmed and rallied h theta.2. A protea provIc g for elnape prorenhenls to 10th Court SW between 11th Street SW and 9Ih Street SW: heretofore designated es Pubic Works Project No. 8418 is hereby approved subject to the terve outned above and as /replica- bse mgt.:de r ents of Social 1141. et seq. radian Rive County Code of Laws and Ordinances. Theas offered by Conenis- atorerr f8eeg ' who movedresolutin Its adoption. tion wassecondedby Co m*sskeer Wheeler and, upon being put to vole. the vote was as tallows: Chairman Richard N. Bird Vice -Chairman Gary C. Wheeler A Commissioners Don C. Scurlock, Jr. Ayye Commissioner Margaret C. Bowman Aye Commissioner oehO Chairmen Carolyn K. Eggert Aye passed and adopted 5 resolution the resolu BOARD OF COUNTOMMISof November, INRS 1 OF INDIAN RIVER COUNTY, FLORIDA Ors -RICHARD N. BIRD, Cloonan Attest;.Jeffrey K. Barton, Clerk by:-s.A. Wane house fool 8Cleric .1991 853732 nee06Uhvat 1.10. 111.10,9 A FIESCUn LION CF 1118 tic..nno of COUNTY C0*"•11ce,ONPf•!i OF INttt9y RIVER COUNTY. FLOHOA, Pf1OV101N6 FOn CERTAIN PAVING AND D9AINAGE IMPROVEMENTS TO 10714 COURT SW BETWEEN 11TH STREET SW AND 9TH STREET SW, PROVIDING THE TOTAL ESTIMATED COST. METHOD OF PAY. MENT OF ASSESSMENTS. NUMBER OF ANNUAL INSTALLMENTS. AND LEGAL DESCRIPTION OF THE AREA SPECIFI- CALLY BENEF1TTEO. WHEREAS. the Canty Public Works Department has been petitioned for Road Paving and Drainage Improvement for 1001 Court SW between 11th Street SW and 9th Street SW. WHEREAS, the construction of paving and drain- age improvements by special assessment fuamdvq Is authorized by Section 11.21, 11.22, and 11-41, In- dian Riva County Code of Laws and Ordinances: and cost estimates and preliminary assessment rolls have been Completed by to Public Works Depart- ment: and the total estimated Cast of the proposed p�vhq and drainage improvements is FORTY HO THOUSAND, FOUR HUNDRED EIGHTY SEVEN DOLLARS and EIGHTY CENTS (543.487.8 �h; end WHEREAS, the special assessment provided her- eunder 5313?, for any given record owner of property Mean the arse epOdatr benefited. be in an amount equal to that fxoponmn of twenty-five percent (25%) of the tot a1 Cost of the project ($10.871 95) -Whit U,e motor ct Brest (901 of road frontage ewnad by ;he given owner beers to the total number uI lineal feet of road frontage within and seventy-fiverthhentareas spe- t�totaltotsl cohenefila the e opxct (532.81 5 85) a(7l come from Petition Paving and WHEREAS, the special assessment sment shaft become tide and payable at to Office of the Tax Collector of Irdlan R,ver County ninety (90) days after the final detenrdnatton of the specie! assessment pursu- ant to Section 1147, Indian River Canty Code of Laws and Ordinances: and WHEREAS. (8tl period r rot paid said ninety�ybeakners beyond to due date at a rate established by the Board of Canty Commissioners at the time of preparation of the final assessment rota, and shall be payable to 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, anter examination of the nature and i 1pa d ir.n 90 0 the proposed improvements. the of Commissioners bas deter- mined that the following described properties shad receive a direct and special benefit from these Mr pavement. to wit 25 33 39 00008 0040 00002.0 The West 5 acres of the East 10 acres of Tract 4, Sec- tion 25, Township 33 South, Range 39 East. according to the last general plat of the lands of the Indian River Farms Com- paq recorded in Plat Book 2. Page 25 of the Public Records of St. Laude County, Florida, LESS the North 300 feet the West 140 feet ct to South 1011 feet o1 the North 400 feet. the West 140 feet M the South 100 feet of the North 600 feet, to West 70 feet of tM Snuth 100 ir^( of the North 700 feet: the West 140 feet of the Sant 200 !rel of the North 900 feet and LESS the West 140 feet of the South 100 feet. Now Wig In Indian River Comity. Florida. 25 33 39 00006 0040 M03.0 From NW caner of West 5 awes of East 10 acres of Tract 4. no South 300 feet to Pont of run East 70 feet, thence run South 1 feet, run West 701ee1. run North 100 feet as recorded in 0,R. Boot 850. Page 786. •. 25 33 39 00006 0040 00008.0 From NW comer of West 5 acres of East 10 acres of Tract 4, run Sant 800 feet to Point of thence run East 70 feet, thence an South 100 feet, run West 70 feet, nil • North 100 feet to Print o1 Begirrdng, as re- • corded fn O.R. Book 414, Paas 124. • 25 33 39 00008 0040 00007.0 From NW comer of West 5 acres o1 East 10 eves of Tract 4. run South 800 feet to Point of net East 70 feet thence South 1 f • thence West 70 feet; thence North 100 feet to Pont of Be esning LESS West 20 feet thereof, as recorded is 0.R. Book 593, Page 308. 25 33 39 00008 0040 00008.0 The West 140 feet of the South 100 feet of the North 800 feet of the West 5 eves of the East 10 acres o1 Tract 4. Section 25, Township 33 South. Range 39 East dig to the last WI- plat of the tends of to inOws Ria Farms Cahnpmry recorded n Plat Book 2, Page 25 of to Public Retards of St. Lurie County. Florida. Now lying in idlan River • 255333ry39 00008 0040 00009.0 The West 140 feet a1 the South 100 feet of the North 900 feet of the West 5 acres of the East 10 eves of Tract 4. Scotto 25, Township 33 South, Range 39 East. according to the last at of the lands of the Indian River Farms limy recorded In Mat Book 2. Page 2S of the PueMb Records of SI. Lucie County. Florida. Now lying In Indian River County, Florida. 25 13 19 00000 0040 000010.0 The North 200feet of to West 8 amara n1 11w cvs. 1n acres of Tract 4. Section 25, Township 33 South, Range 39 East, sooadlna to the last general t ol tin lends of Inn en a Riv Farms recorded n Flat Rook 2. Page 25 of the ubac Records or SI. Lucie County. Florida LESS canal and road right- of-way. Now Lyng In Indian Rive County. Florida. 25 33 39 0008 0040 000010.1 The South 100 feet of the North 300 feet of the West 5 acres of the East t0 aces of Tract 4. S^tlion 25, Township 33 South, Flange 19 East. eevxdng to the (8s1 got rel plat of the lards of the Indian River Farms Com. parry receded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florda. 25 33 39 00008 0040 000011.0 The South 100 feel of the West 140 feet of the West 5 - acres of the East 10 acres of Tract 4. Sec - son 25, Township 33 South. Range 39 East. according to the last general plat 01 the land of the Vahan River Farms Com- pany Recordsofot f S(. Lucre Camlr Fbnda. Now lying in adman Amer Canty, F2S 3 39 00006 0040 000012 0 West 70 feet of Fast 80 feet of South 100 feat of West 10 acres oa East 20 acres of Tract 4. as receded in O R Book 502. Page 734. 18 BOOK e L� FAG, c3 7 Press-Joumal, Tuesday November 26, 1991 RESOLUTION NO. 91-169 A RESOLUTION OF INDIAN RIVER COUN- TY. FLORIDA, SETTING A TIME AND PLACE AT WHICH Tf4E OWNERS OF PROPERTY ON 10TH COURT SW BE- TWEEN 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 ADVIAOIUTY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAY- MENT THEREFOR. AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS. the Board of Canty Cainlssbrers of Indian River County has, by Resolution Flo. 91- 168, determined that it Is necessary for the ptuba0 welfare of the dtzena of the County, and pantile:1y as to those living, working and owrdng property within the area described hereafter, that Pawing and drainage hnprovemertis be made to: and WHEREAS, the Board of Canty CommIslsaers has caused an assessment roll to be completed acl Red with the Clerk to the Board: aux! WHEREAS, Section 11.46, idlen River Canty Code, requires that the Board of County Commis- sioners shall fix a time and place at which the own- ers of the properties to be assessed or any other persons Interested therein may appear before to Board of County Comnasskmers and h8 heard as to the propriety and advisability of making paving end - drainage improvements, as to the cosi thereof, as to the maturer of payment therefor, and as to to amomt thereof to be assessed against each prop- eAy benefited thereby. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA. as follows: 1. The County Commission shall meet at the County Co nnassion chambers in the County Admknis(rallon 84v et the hour of 9:05 A.M. on Tuesday Der. 10, 1991. at which time the owners of the properties to be assessed and any other inter- ested persons may appear before said Commission end be heard in regard thereto. The area to be im- proved ono the properties to be spedaay benefited are more particularly described upon the assess- ment plat and the assess eat rod with regard t0 to special esy,nents. 2. M persons interested in the consbtdtbn of said improvements and the special assessments against the properties to be spedaily benefited ted may review the assessment plat stowing the area to be as- sessed, the assessment roa the pans and speci- fications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day Iran 8:30 A.M. until 5:00 P.M. 3. Notice o1 the time and place of this public hearing shall begiven by the Department of Public Works by two pitions In the PressJoumal Newspaper week apart. The last publication shall be at least one week prior to the date of the hearing. The In- dian River County Department of Public Works shad give the owner of each property to be specialty as- sessed at least ten days rotloe in writing o1 such time and pace, which shall be saved by mailing a ras et Ns of krkr owwih dd . to each such property earn- lastThe resolution was moved for adoption by Com- missioner r Scurlock. and the motion was seconded by Commissioner Wheeler. and. upon being put to vote, to vote was es Iollowe Chairman Richard N. Bid Aye Vice Chairman Gary C. Wheeler • Aye COmrtdsshner Don C. Seuhock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert A The Chairmanthereupon declared the resotut0Cn di:• r :aa..a -rocs s_ ;.•tco tri S day :,i i rtxx• 1991. BOARD 09 COUNTY COMMISSIONERS 114D1AN RIVER COUNTY, FLORIDA By -s -Richard N. Bed Chairman Attest - s -Jeffrey K. Sara" Clerk by:A. Waterhouse Deputy Clerk Nov. 26. Det. 3, 1991 853733 IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, Ft ORIDA PROBATE DIVISION File No. 9`91.573 The Board reviewed the following memo dated 11/18/91: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile, l.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 10th Court SW between llth Street SW and 9th Street SW DATE: November 18, 1991 DESCRIPTION AND CONDITIONS On November 5, 1991, the Board of County Commissioners adopted Resolution No. 91-168 providing for certain paving and'arainage improvements to 10th Court SW between llth Street SW and 9th Street SW. This was a Public Works Department initiated public improvement ,assessment in cooperation with the Oslo Concerned Citizens League. ,Deeds are in the process of being prepared for additional right-of- way for stormwater storage. A Stormwater Permit has been obtained 'from St. Johns River Water Management District. The additional right-of-way needed is being obtained through negotiations. On November 5, 1991, the Board of County Commissioners adopted another Resolution 91-169 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for December 10, 1991. RECOMMENDATION Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the December 10, 1991, Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. The Chairman opened the. public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-182, confirming the assessment roll for certain paving and drainage improvements to 10th Court S.W. between 11th Street S.W. and 9th Street S.W. 19 DEC 10 1991 PAGE 6 r EC C' '! 9 1 BOOK RESOLUTION NO. 91- 182 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 10TH COURT S.W. BETWEEN 11TH STREET S.W. AND 9TH STREET S.W. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 91-168, providing for certain paving and drainage improvements to 10th Court S.W. between llth Street S.W. and 9th Street S.W.; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 91-169, on November 5, 1991, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 26, 1991, and December 3, 1991, (twice one week apart, and the last being at least one week prior to the hearing), as .required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-4f3, Indian River County Codi and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday. December 10. 1991 9:05 A.M. conducted the public hearing with regard to the special assessments, 1 20 INN RESOLUTION NO. 91-,1R2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full.. 3. The *County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution vas roved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as Eggert follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Ave 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 10 day of December , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 21 DEC 10 1991 plu. 40 r BOOK 85 f'dGE 1 MODIFICATION OF FY -92 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) The Board reviewed the following memo dated 12/3/91: TO: James Chandler County Administrator THROUGH: Doug Wright, Director t Department of Emergency Services MOM: John King, Deputy Director Department of Emergency Services DATE: December 3, 1991 SUBJECT: MODIFICATION OF THE FY -92 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: In June 1991, staff from the IRC Department of Emergency Services negotiated the FY -92 Radiological Emergency Preparedness (REP) Agreement with representatives from Florida Power and Light-(FP&L) and the Florida Department of Community Affairs (DCA). In August 1991, the one year performance based grant was submitted by staff to the Board of County Commissioners for consideration. The Board approved the agreement between the DCA and Indian River County and authorized the Charman to execute the agreement. The Department of Emergency Services did not receive a return copy of the agreement countersigned by the Director of the Florida Division of Emergency Management in a timely manner. Further investigation revealed that the DCA was debating an administrative fee requested by the State Comptroller's office. ALTERNATIVES AND ANALYSIS: The 1990, the Legislature approved a 7% service charge for the state's general revenue fund for administering trust funds. The possibility of the administrative fee affecting our grant was discussed at the negotiations, but DCA staff believed the REP funds would remain exempt. The State Comptroller's Office had a different opinion and determined the funding mechanism used by FP&L to fund the counties to be a trust fund. Therefore, Indian River County would have been subject to receive $4,200 less than agreed to in the grant negotiations given the 7% service charge deduction. Legal staff from the DCA communicated with the Comptroller's Office and both parties agreed that Florida Statute Chapter 252 and Florida Administrative Rule 9G-12 did not prohibit FP&L from directly funding Indian River County. As a result, a modification to the original agreement is enclosed for consideration by the Board to accept funding directly from the utility company. The Florida Radiological Emergency Preparedness program will continue to be administered by the Florida Division of Emergency Management. The State retains the authority to monitor all performance records and audit any fiscal expenditures related to the grant. It is the purpose of the enclosed modification to simply circumvent a 7% reduction in the amount of funding Indian River County is to received by accepting the monies directly from FP&L. 22 RECOMMENDATION: Staff recommends the Board approve the agenda item and the FY -92 Radiological Emergency Preparedness Agreement as amended. Staff also requests that the Chairman be authorized to execute the necessary documents to finalize the agreement allowing Indian River County to receive the full grant potential of $60,506 as originally approved at the August 20th Board of County Commissioner's meeting. Staff also recommends approval of a budget amendment as necessary for the funds to be received into the General Fund. Commissioner Eggert asked if this is going to involve any additional staffing, and Administrator Chandler explained that funds were included in the original grant. Had it gone through the State, we would have lost $4200, but with the direct pass through from FP&L, we get the full amount of the grant. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the FY -92 Radiological Emergency Preparedness Agreement as amended; authorized the Chairman to execute the necessary documents to finalize the agreement allowing Indian River County to receive the full grant potential of $60,506 as originally approved at the BCC meeting of August 20, 1991; and approved the necessary budget amendment for the funds to be received into the General Fund. COPY OF SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AFFORDABLE HOUSING ADVISORY COMMITTEE - TWO RESIGNATIONS Commissioner Eggert advised that we have received letters of resignation from James R. Lieffert and Vern Toulson. Mr. Lieffert is finding it impossible to attend the meetings because of the pressure of business matters, and Mr. Toulson is moving out of state. She would like us to receive these two resignations with deep regret and good wishes for their business ventures. DEC 10 1991 23 NYO J PAGE 44, 0 c °3 0 191\ BOOK 85 PAGE 4'3 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously accepted resignations from James R. Lieffert and Vern Toulson with deep regret and good wishes for their business ventures. SOLID WASTE DISPOSAL DISTRICT Chairman Bird announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:35 o'clock A.M. ATTEST: K. Barton, Clerk 24 SIM Richard N. Bird, Chairman