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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 7, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman James E. Chandler, County Administrator
Gary C. Wheeler, Vice Chairman
Margaret C. Bowman
Carolyn K. Eggert Charles P. Vitunac, County Attorney
Don C. Scurlock, , Jr. Jeffrey K. Barton, Clerk to the Board
9:0_ 1. CALL TO ORDER
2. A. INVOCATION - Rev. Jack Diehl, Pastor
Our Savior Lutheran Church
B. PLEDGE OF ALLEGIANCE - Comm. Margaret C. Bowman
3. A. CHAIRMAN'S COMMENTS - RICHARD N. BIRD
B. ELECTION OF CHAIRMAN
C. ELECTION OF VICE CHAIRMAN
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Deferment of Item 12-B .for two weeks - Connection
of .Countrys.ide Mobile Home Park to County Wastewater
system.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Destruction of Board Records
( memorandum dated December 19, 1991)
B. Florida Contraband Forfeiture Quarterly Report
( memorandum dated December 16, 1991)
C. Physical Fitness Day - "School Community Walk"
( memorandum dated December 16, 1991)
R00K i;":IAF,
SAN 071997
JAN 0 J ���
BOOK (JAI F';�;E.i "9
7. CONSENT AGENDA (cont'd):
D. Request for Floodplain Cut and Fill Balance Waiver
for I.R.C. Dept. of Utility Services Blue Cypress
Lake Community Sewage Improvement Project
( memorandum dated December 19, 1991)
E. Termination of Contract: IRC and "Contel"
F. Release of Utility Liens
( memorandum dated December 30, 1991)
G. Final Payment for Professional Services Environmental
Assessment of Parcel 111, I.R. Blvd . Phase IV
( memorandum dated December 27, 1991)
H. Annual Signature Resolution
I. Choosing of newspaper in which legal advertisements
may be published
( memorandum dated December 30, 1991)
J. Assumption of Utility Assessment
Lien
K. Request for Public Hearing - Chapter 206 - Housing
( memorandum dated December 31, 1991)
L. V.B. High School Girls Golf Team
(memorandum dated December 26,
Playing Privileges
1991)
M. South Florida P.G.A. Passport Program
( memorandum dated December 26,
1991)
N. Award of Bid No. 92-43 / Fellsmere Senior League
Concession Stand
( memorandum dated December 20, 1991)
O. I.R.C. Courthouse Project Asbestos Abatement Survey
Contract, Change Order No. 1
( memorandum dated December 13, 1991)
P. IRC Bid #92-30 / Tree Trimming County Wide Annual
Contract
( memorandum dated December 9, 1991)
Q. Bid 92-50 / Asbestos Removal
( memorandum dated December 30, 1991)
R. Sole Source Request for Automated Purchasing Software
( memorandum dated December 30, 1991)
S. Bid 92-51 / Demolition Work of Existing Buildings
( memorandum dated December 31, 1991)
T. Agreement between Indian River County and Marie
Simmons - Temporary Water Service
( memorandum dated December 17, 1991)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Jeffrey K. Barton, Clerk of Circuit Court:
Certificate of Achievement
( memorandum dated December 20, 1991)
W no
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Mr. Jim Wadsworth to speak to Commission
re: Sebastian Twin Pairs Project
B. PUBLIC HEARINGS
1. Request by Scott Ketchum for a Variance from
Certain Subdivision Ord. (Chap. 913) Regulations
( memorandum dated December 19, 1991)
2. Glendale Terrace - 24th Ave. Water Service Project
(memorandum dated December 17, 1991)
10. COUNTY ADMINISTRATOR'S MATTERS
Space Need Study Master Plan
( memorandum dated December 30, 1991)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Surplus Buildings: Health Dept. / Main Library
Budget Amendment 008
( memorandum dated December 10, 1991)
(deferred from meeting of Dec. 17, 1991)
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Agreement for Medical Services; Workers' Compensation
(memorandum dated December 16, 1991)
G. PUBLIC .WORKS
1. Widening of 90th Ave. South of St. Rd. 60 near
Union 76 Truck Stop
( memorandum dated December 26, 1991) -
2. Treasure Shores Park Land Management Plan
Southeastern Beach Mouse Survey
( memorandum dated December 27, 1991)
3. Resolution authorizing the execution of the FBIP
Grant Agreement for Round Island Park Improvements
( memorandum dated December 30, 1991)
4. Kimball, Lloyd E Assoc., Inc. Misc. Intersections
Professional Services Agreement
(memorandum dated December 6, 1991)
I -A
JAN 0 7 19,92 BOOK
BOOK 6) PA"E 154,
11. DEPARTMENTAL MATTERS (cont'd):
H. UTILITIES
Wastewater Treatment Plant Refurbishment Final Pay
Request
( memorandum dated December 26, 1991)
12. COUNTY ATTORNEY
A. Indian River County vs. Hubbard - Settlement Agreement
( memorandum dated December 30, 1991)
B. Connection of Countryside Mobile Home Park to County
Wastewater System
( memorandum dated December 31, 1991)
13. COMMISSIONERS ITEMS
A. COMMITTEE APPOINTMENTS / REAPPOINTMENTS
B.
C.
D.
E.
F.
G.
CHAIRMAN RICHARD N. BIRD
VICE CHAIRMAN GARY C. WHEELER
COMMISSIONER MARGARET C. BOWMAN
COMMISSIONER CAROLYN K. EGGERT
COMMISSIONER DON C. SCURLOCK, JR.
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
14. SPECIAL DISTRICTS (cont'd):
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
1. Newspaper Recycling Contract Signature
( memorandum dated December 18, 1991)
2. Segment II - Waste Volume Assessment
( memorandum dated December 18, 1991)
3. IRC Bid #92-41 / Recycling Containers
( memorandum dated December 20, 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.
j mi 6 7`092
Tuesday, January 7, 1992
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, January 7, 1992.,
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.
Chairman Bird called the meeting to order.
Reverend Jack Diehl, Pastor of Our Savior Lutheran Church,
gave the invocation, and Commissioner Bowman led the Pledge of
Allegiance to the Flag.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN FOR 1992
Before opening the floor to nominations, Chairman Bird wished
to say that it has been a tremendous honor and privilege to serve
as Chairman this past year and express his appreciation of the
cooperation and friendship of his fellow Commissioners. He felt
that we are blessed in this county with having an excellent,
competent and proficient staff led by County Administrator Jim
Chandler, who has made his job as Chairman and the jobs of all the
Commissioners a lot easier.
Chairman Bird opened the floor for nominations for Chairman
for 1992.
Commissioner •Scurlock nominated Commissioner Carolyn K.
Eggert, and Commissioner Wheeler seconded the nomination.
There being no other nominations, the Chairman closed the
nominations.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously elected
Commissioner Carolyn K. Eggert as Chairman of the Indian
River County Board of County Commissioners for 1992.
Commissioner Bird turned over the gavel to Chairman Eggert,
_ who opened the floor for nominations for Vice Chairman for 1992.
Commissioner Wheeler nominated Margaret C. Bowman, and
Commissioner Bird seconded the nomination.
BOOK
JAN 07 1992
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Boos f-, ;
JAN 07 `99`2 U� ���
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously elected
Commissioner Margaret C. Bowman as Vice Chairman
for 1992.
Chairman Eggert wished to say a special thank you to
Commissioner Bird who has been a great Chairman and express the
Board's appreciation for all he has done this past year.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the deferment for two weeks
of Item 12-B, Connection of Countryside Mobile Home Park to County
Wastewater System.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously deferred Item
12-B for two weeks.
CONSENT AGENDA
Chairman Eggert requested that Item I be removed for
discussion, and Commissioner Bowman requested that Item Q be
removed also.
A. Destruction of Board Records
The Board reviewed the following memo dated 12/19/91:
TO: Board of County Commissioners
DATE: December 19, 1991
SUBJECT: Destruction of Board Records
FROM: Jeffrey R. Barton, Clerk of Circuit Court
Please include the following item on the consent agenda for the
next Board of County Commissioners' meeting:
We currently have Board financial (non -permanent) records beyond
the required state retention periods. In order to dispose of these
records, we request permission from the Board of County
Commissioners.
The records listed below have retention periods established by the
State of Florida; specific destruction requests have been approved
by the Bureau of Records Management.
The records and time periods established by the specific
destruction requests are:
2
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Records Through
Vouchers
9/30/86
Canceled checks
9/30/86
Bank statements/reconciliations
9/30/88
Account payables/receivables
9/30/88
Cash receipts
9/30/88
Check registers
9/30/88
Deposit slips
9/30/88
Utility customer receipts
9/30/88
Vendor files
9/30/88
j
Attachment: Records Destruction Requests
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously authorized the
destruction of Board records as listed in the above memo,
as requested by Jeffrey R. Barton, Clerk of Circuit
Court.
B. Florida Contraband Forfeiture Quarterly Report
The Board reviewed the following memo dated 12/16/91:
,,4,4eriff
P.O. BOX 808
PHONE NO -6700
December 16, 1991
M E M O R A N D U M
R.T. "TIM" DOBECK • INDMNRAM? COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH, FLORIDA 32961.0608•
TO Joe Baird, Budget Director, Indian River County
FROM Richard Dees, Finance Director
RE FLORIDA CONTRABAND FORFEITURE QUARTERLY REPORT
Attached is the Quarterly Report for the period ending September
30, 1991
4
If you have any questions or any further information is
required, please let me know.
Comptroller
JAN 0714,2
FF,_
JAN 0, 7 � BOOK 85 fAGt.
ON MOTION by Commissioner Scurlock,
Commissioner Bird, the Board unanimously
Florida Contraband Forfeiture Quarterly
SECONDED by
accepted the
Report, as
submitted by Sheriff Tim Dobeck.
SAID REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
C. Physical Fitness Day - "School Community Walk"
The Board reviewed the following memo dated 12/16/91:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Physical Fitness Day -"School Community Walk"
DATE: December 16, 1991 FILE: citrus.agn
DESCRIPTION AND CONDITIONS
Citrus Elementary School is planning a "Physical Fitness
Day" Tuesday, March 3, 1992 to kick off Physical Fitness
Month. One of the activities is a School Community Walk
between 9:30 AM and 10:30 AM along 4th Street between 27th
Avenue and 43rd Avenue. Parents, teachers, school resource
officers and senior Good Life members have offered to help.
RECOMMENDATIONS AND FUNDING
Staff recommends that the segment of 4th Street between 27th
Avenue and 43rd Avenue be closed from 9:30 AM to 10:30 AM on
Tuesday, March 3, 1992. Staff has no objection to this
request, provided that:
1) Proper barricades as permitted by the Traffic
Engineering Division are installed.
2) A representative be listed as a contact person in
charge of the event in case the road needs to be
opened.
3) Access to emergency vehicles be maintained.
1-1
4
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the closing of 4th Street between 27th Avenue and 43rd
Avenue, from 9:30 A.M to 10:30 A.M., for the purpose of
a "School Community Walk", subject to the provisions as
set out in the above staff recommendation.
D. Reguest for Floodplain Cut and Fill Balance Waiver for IRC
Dept. of Utilities Sewage Improvement Project at Blue Cypress Lake
The Board reviewed the following memo dated 12/19/91:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.0
Public Works Director
and
Roger D. Cain, P.
County Engineer
FROM: David B. Cox, P.E- 4
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for
Indian River County Department of Utility Services Blue.
Cypress Lake Community Sewage Improvement Project
SP -MI -91-08-43
DATE: December 19, 1991
DESCRIPTION AND CONDITIONS
The Public Works Department is requesting a waiver of the 100 year
floodplain cut and fill balance requirement for the subject project
on behalf of the County Department of Utility Services. The
project is located on the east side of Blue Cypress Road one-half
mile south of the unplatted Blue Cypress Fishing Club Subdivision.
It is proposed to fill a 3.28 acre parcel for the project's waste
water treatment plant, regrade existing ditches, and build a new
berm, all located within Flood Hazard Zone AE of the 100 year
floodplain. The proposed floodplain displacement is estimated to
be 28,000 cubic yards. The site plan received approval from the
Planning & Zoning Commission on September 26, 1991, including the
following condition:
1) That prior to site plan -release, the applicant shall obtain a
"Type B" stormwater management permit which will include a
plan to balance cut and fill.
Due to the high water table conditions associated with the native
_ soils of the St. Johns Marsh, it would be impossible to provide for
an on-site cut and fill balance. For this reason a new waiver
criteria was added to the Stormwater Management and Flood
Protection Ordinance as Section 930.07(2)(d)3. in the Land
JAN 07 1992
,
JAW (0 7 1992 800 S5 FhE i6
Development Regulation Amendments adopted by the Board of County
Commissioners on December 4, 1991. A waiver may now be granted for
projects located in the St. Johns Marsh where certain soil types
exist as identified by the Soil Conservation Service soil survey
maps and all other Chapter 930 requirements are met and no material
adverse impact on flood protection is created.
ALTERNATIVES AND ANALYSIS
The Site Plan has met all the Chapter 930 requirements except the
cut and fill balance. The applicant has provided information from
the S.J.R.W.M.D. - Army Corps of Engineers Upper St. Johns River
Basin Project that predicts that upon completion of the flood
control improvements currently under construction, the 100 year
floodplain stage at the site will be reduced to about one and one
half feet below the base flood elevation indicated on the current
F.E.M.A. Flood Insurance Rate Maps. The soil types existing at the
site are Holopaw fine sand, Delray muck, and Terra Ceia muck. All
three of these soils are included in the waiver criteria. If a
waiver is not granted the site could be re -designed to elevate the
wastewater treatment plant on piling foundations or additional
property could be acquired to relocate at another site in the
floodplain with suitable soils for creating a cut and fill balance.
Alternative No. 1 - Grant the cut and fill balance waiver based on
the criteria of Section 930.07(2)(d)3.
Alternative No. 2 - Deny the cut and fill waiver. This would
prevent the project from obtaining the required Type B Flood
Protection - Stormwater Management System permit needed to fulfill
the conditions of the Planning & Zoning Commission Site Plan
Approval without redesign or relocation of the wastewater treatment
plant.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved staff's
recommendation of Alternate No. 1 to grant the cut and
fill balance waiver based on the criteria of Section
930.07 (2) (d) 3.
E. Termination of Contract -- IRC and CONTEL
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
Termination of Contract with CONTEL to provide NOAA
weather wire information to the County. (See Minutes
of BCC Meeting of 12/17/91).
COPY OF PARTIALLY EXECUTED TERMINATION OF CONTRACT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
6
F. Release of Utility Liens
The Board reviewed the following memo dated 12/30/91:
TO: Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: December 30, 1991
RE: CONSENT AGENDA - B.C.C. MEETING 1/7/92
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 :
METSOPULOS/CAWLEY
GERALD
GRIER
VALENTINO
PHILLIPS
EVERETT
COLONTRELLE
2. Releases of Special Assessment Liens from
A -1-A (North Beaches) PROJECT in the names of:
WAITE
DeCOSMO (2)
DEEN
BARNETT
LAW (2)
DeSILVA
POSSODELIS
ROY
LUTZ
MORSE (2)
WOOD
LIAPIS
B ERNSTEIN
FOUNTAIN
SCHULTEN
BERNSTEIN
FEKETE
6
r
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved -
the release of the above listed lien -related documents,
as requested by staff.
COPIES OF RELEASES OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
G. Final Payment for Environmental Assessment of Parcel III
Indian River Boulevard Phase IV
The Board reviewed the following memo dated 12/27/91:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUWECT: Final Payment for Professional Services Environmental
Assessment of Parcel 111, Indian River Boulevard, Phase
IV
DATE: December 27, 1991 (CONSENT AGENDA)
DESCRIPTION AND CONDITIONS
On October 15, 1991, the County entered into Work Order No. 6 with
Kimley-Horn and Associates, Inc. for professional services to
prepare an Environmental Assessment on approximately 18.5 acres of
land associated with Parcel 111 for Phase IV of Indian River
Boulevard.
This project is now complete and Kimley-Horn is requesting payment
of the ten percent (10%) retainage.
RECOMMENDATION AND FUNDING
Staff recommends that the 10% retainage be released. Funding is
from Account No. 309-215-541-033.13.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
release of the 10t retainage to Kimley-Horn and Assoc.,
Inc. for preparation of an Environmental Assessment on
Parcel III of Phase IV of Indian River Boulevard, as
recommended by staff.
8
H. Annual Signature Resolution
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-1, directing county depositories to honor
certain authorized signatures on county warrants and
other orders for payment.
RESOLUTION NO. 92- 1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DIRECTING COUNTY DEPOSITORIES
TO HONOR CERTAIN AUTHORIZED SIGNATURES
ON COUNTY WARRANTS AND OTHER ORDERS
FOR PAYMENT.
WHEREAS, the Board of County Commissioners of Indian River
County on January 7, 1992, held an election for the offices of
Chairman and Vice Chairman of the Board of County Commissioners;
and
WHEREAS, the County Commission did nominate and select as
Chairman Carolyn K. Egge rtand as Vice Chairman Margaret C. Bowman ;
and
WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit
Court of Indian River County effective December 31, 1988, also
serves as a Clerk to the Board of County Commissioners, pursuant to
Section 125.167, Florida Statutes; and
WHEREAS, it is now necessary to reinstruct the County's
depositories as to the signatures necessary to honor County warrants,
checks, or other orders for the payment of money drawn in the
Commission's name,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The County Commission has in the past designated certain
institutions as official depositories of County funds, and such
designations are hereby ratified and affirmed.
7
JAW 0 1992
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JAN 0 7 1992 BOOK 85 PAGE
2. Each designated depository of the Commission is hereby
requested, authorized, and directed to honor checks, warrants, or
other orders for payment of money drawn in the Commission's name,
including those payable to the individual orders of any person or
persons whose name or names appear thereon, when bearing the
facsimile signature of the Clerk of the Circuit Court, when said
check, warrants, or other orders for the payment of money equals or
does not exceed the sum of three thousand dollars ($3,000).
3. If a check, warrant, or other orders for the payment of
money drawn in the Commission's name exceeds the sum of three
thousand dollars ($3,000), said designated depositories are authorized
and directed to honor checks, warrants, or other orders for payment
of money drawn in the Commission's name, only when such check,
warrant, or other orders for payment of money bears the facsimile
signature of the Chairman and Clerk of the Circuit Court and further
bears the original signature of either the Chairman, Vice Chairman,
Clerk of the Circuit Court, or Deputy Clerk, listed below. Said
actual and facsimile signatures appear below:
(1) Jeffrey K. Barton
Clerk of Circuit Court
(2)
Cynthia Gatt
Deputy Clerk
(3)
Mary Louise Scheidt
Deputy Clerk
(4)
Chairman
(5)
Vice Chairman
Actual
Actu
FacsimilqV IW
I {V t (01f ej, LR ,L-,
Actual
`4
BE IT FURTHER RESOLVED that the above named signatories are
hereby authorized to execute any and all signature cards and
agreements as requested by the respective banking institutions
designated as official depositories by the Board of County
Commissioners of Indian River County; and
We
s
BE IT FURTHER RESOLVED that the use of facsimile signatures
is as authorized by Section 116.34, Florida Statutes, the "Uniform
Facsimile Signature of Public Officials Act."
The resolution was moved to adoption by Commissioner
Scurlock
Bird
follows:
and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as
Chairman Carolyn K- Fggprt Aye
Vice Chairman Margaret r. Bnwman Aye
Commissioner _Gary C _ WhpPl pr
Ate--.
Commissioner Richard N_ gird Mie
Commissioner Don f._ Suirinrk fir, Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of January, 1992.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
By
J K. Barto , Cler�A Carolyn :I' . Eggert
--'�/ Chairm
I. Choosing of Newsnaner in which Legal Advertisements may be
Published
The Board reviewed the following memo dated 12/30/91:
TO: BOARD OF COUNTY COMMISSIONERS
r.
FROM: Charles P. Vitunac, County Attorney
DATE: December 30, 1991
RE: CHOOSING OF NEWSPAPER IN WHICH LEGAL
ADVERTISEMENTS MAY BE PUBLISHED
Pursuant to section 197.402, Florida Statutes, the Board of County
Commissioners must select a newspaper each year in which the legal
advertisements may be published. Rule 12-D-13.036, Florida
Administrative Code, suggests that the Board no later than the first
meeting in February select a newspaper into which such advertisements
shall be placed.
11
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:iJAN (07 A92
Section 50. 011, Florida Statutes, sets out the requirements for the
newspaper, which are generally that the publication be available once a
week, or more often, containing at least 25% of its words in English,
qualified to be second-class matter at a post office, for sale to the
public generally, available to the public generally for the publication of
official business notices, and customarily containing information of the
public character or of interest or of value to the residents or owners of
property in the county where published.
The Vero Beach Press Journal and -the Sebastian Sun certainly meet
these qualifications and arguably the Miami Herald and the Today
newspaper do also.
Recommended Action: That the Board choose a newspaper for the 1992
calendar year into which legal advertisements may be placed and
authorize the adoption and execution of the attached resolution.
Chairman Eggert wanted this item removed for discussion
because it doesn't designate a specific newspaper.
Attorney Vitunac felt that both the Vero Beach Press Journal
and the Sebastian Sun meet the criteria. The newspaper has to be
published weekly or more often. He felt the Miami Herald may or
may not, depending on how you look at the criteria. It is not
actually published in this county, but it is distributed here. The
question is whether people look to that paper for their local news.
Commissioner Bowman noted that the Miami Herald no longer
carries an Indian River section.
Commissioner Scurlock questioned whether the Sebastian Sun
would reach enough people and asked if we have an ability to split
the advertising of public notices.
Attorney Vitunac advised that we have the ability to publish
in both papers, but there has to be only one that would satisfy the
law. For the County Legal Department it is much more convenient to
have a paper that publishes daily because some publication
deadlines are very hard to meet in a paper that publishes only once
a week.
12
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-2, choosing the Vero Beach Press
Journal in which legal and official advertisements will
be published from February, 1992, through January 31,
1993.
RESOLUTION NO. 92- 2
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PURSUANT TO SECTION 197.402,
FLORIDA STATUTES, CHOOSING A NEWSPAPER IN
WHICH LEGAL AND OFFICIAL ADVERTISEMENTS
WILL BE PUBLISHED FROM FEBRUARY, 1992,
THROUGH JANUARY 31, 1993.
WHEREAS, Section 197.402, Florida Statutes, requires that when legal
advertisements are needed the Board of County Commissioners shall select a
newspaper as provided in Chapter 50, Florida Statutes; and
WHEREAS, Rule 12-D-13.036 (1) , Florida Administrative Code, implies
that this choosing of a newspaper shall be performed annually; and
WHEREAS, this Rule directs explicitly that at the first Board meeting in
February the Board of County Commissioners shall select the newspaper in
which said advertisements shall be placed; and
WHEREAS, .Section 50.11, Florida Statutes, sets out certain criteria for
the publication to be a qualified advertiser for legal and official notices; and
WHEREAS, these qualifications include that:
1. The newspaper must be printed and published once a week or
more often.
2. The newspaper must contain at least 25% of its words in the
in the English language.
3. The newspaper must be admitted and entered as second-class
mail at a post office.
4. The newspaper must be for sale to the public generally.
` 5. The .newspaper must be available to the public generally for
the publication of official or other notices and customarily
containing information of a public character or of interest or
value to the residents or owners of property in the county
where published or of interest or value to the general
public.;
JAN 07 492
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BOOK
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that .the following
newspaper shall be the legal and official advertiser for the time period
February, 1992, through January 31, 1993: -
Vero Beach Press Journal
The resolution was moved for adoption by Commissioner Scurl nr_k ,
and the motion was seconded by Commissioner Bird , and, upon being
Put. to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner. Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7 day of January , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: , l
�.` BY
CarolyEggert
Jerj Barton, Jerk C firman
v
J. Assumption of Utility Assessment Lien
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Assumption of Special Assessment Lien by Joseph V.
and Marie T. Carone from Michael Barham, Lot 14, Block
A of Rockridge Subdivision No. 1, Plat Book 4, Page 23,
for sewer improvements.
COPY OF ASSUMPTION OF UTILITY LIEN IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
K. Request for Public Hearing Chapter 206 Housing
The Board reviewed the following memo dated 12/31/91:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney .0t)
DATE: December 31, 1991
RE: REQUEST FOR PUBLIC HEARING - CHAPTER 206 - HOUSING
Chapter 10 1/2 Housing (1974 edition) has been prepared for recodifica-
tion as Chapter 206 - Housing in the new Indian River County Code.
A public hearing of Tuesday, January 28, 1992 is recommended.
14
ON MOTION by Commissioner
Scurlock, SECONDED by
Commissioner Bird, the Board unanimously scheduled a
public hearing for Tuesday, January 28, 1992 to consider
Chapter 206 - Housing.
L. Vero Beach High School Girls Golf Team Playing Privileges
The Board reviewed the following memo dated 12/26/91:
TO:
THRU:
DATE:
FROM:
------------------------------------------------------------
MEMBERS OF THE BOARD OF CCUNTY COMMISSIONERS
SUBJECT:
JAMES E. CHANDLER, COUNTY DMINISTRATOR
DECEMBER 26, 1991
BOB KOMARTINETZ, CTOR OF GOLF
VERO BEACH HIGH SCHOOL .GIRLS GOLF TEAM PLAYING
PRIVILEGES
DE-R--C--------------------
---------------------------------------
The last two years the Board of County Commissioners approved the
Vero Beach High School Girls Golf Team use of the Sandridge Golf
Club for their practice sessions and matches. Enclosed is a
letter from Mr. Doug Baker, Golf Coach requesting again the use
of the Sandridge Golf Club facilities for 199x.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
Vero Beach Girls Golf Team the use of the facilities at the
Sandridge Golf Club.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the use of the facilities at Sandridge Golf Club by the
Vero Beach High School Girls Golf Team, as recommended by
staff.
M. Sandridge Golf Club - Southern Florida P.G.A Passport Program
The Board reviewed the following memo dated 12/26/91:
OOK. 'j Al.;C i J
J A N 07 1992 15
rr-- -7
JAN 07 1992 �voK
-----------------------------------------------------------------
TO: MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS
THRU: MR. JAMES E. CHANDWCTORO'OF
ADMINISTRATOR
DATE: DECEMBER 26, 1991
FROM: BOB Y,OMARINETZ&OLF =
SUBJECT: SOUTH FLORIDA 1'.G.A. PASSPORT PROGRAM.
-----------------------------------------------------------------
DESCRIPTION AND CONDITIONS
The South Florida P.G.A. Passport Program is a discount program
offered to quality golf courses in South Florida. This program
is endorsed by South Florida Professional Golfers Association.
The South Florida Passport Program is similar to the Flag
Discount Program. Both programs were offered a-, Sandridge Golf
Club this past year.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
South Florida P.G.A. Passport for 1992.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved the
South Florida P.G.A. Passport for 1992 for Sandridge Golf
Club, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
N. Award of Bid 92-43 -- Fellsmere Senior League Concession Stand
The Board reviewed the following memo dated 12/20/91:
DATE: December 20, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: James E. Chandler, County Adm
H. T. " Sonny" Dean, Director
Department of General Servio4
Fran Boynton, Purchasing Manage
FROM: Roger D. Cain, P.E., County Eng
SUBJECT: Award of Bid No. 92-43/Fellsmere Senior League Concession
Stand - IRC Project No. 9007
Public works Department/Engineering Division
16
BACKGROUND INFORMATION
This was a re -bid of a previous bid and upon direction of the Board
of County Commissioners, the performance bond requirement is being
waived.
Bid Opening Date: November 10, 1991
Advertisement Dates: November 6 and November 13, 1991
Replies: Five (5)
BID TABULATION
TOTAL BID AMOUNT
William H. Hensick & Sons,
$46,400.00
One Story
Inc.
$50,900.00
2 -Story Alternate
1125 12th Street
Vero Beach, FL 32960
Hunley-Hubbard
$42,180.00
One Story
Construction, Inc.
$49,631.00
2 -Story Alternate
P.O. Box 6746
Vero Beach, FL 32961
Pavco Construction, Inc.
$32,105.00
One Story
311 Sixth Avenue
$35,626.00
2 -Story Alternate
Indialantic, FL 32903
Turner Builders of Vero
$43,718.00
One Story
Beach, Inc.
$48,780.00
2 -Story Alternate
780 Bougainvillea Lane
Vero Beach, FL 32965
Bill Bryant & Associates,
$43,300.00
One Story
Inc.
$47,300.00
2 -Story Alternate
1550 Old Dixie Highway
Vero Beach, FL 32960
TOTAL AMOUNT OF BID: $35,626.00
SOURCE OF FUNDS: Account No. 004-108-572-066.39 from MSTU,
Recreation, for other improvements except
buildings fund.
RECOMMENDATION:
Staff recommends awarding the contract to Pavco Construction, Inc.
and have the Board of County Commissioners execute the attached
four original contracts for construction of the 2 -Story Alternate
in the amount of $35,626.00.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded
Bid 92-43 in the amount of $35,626 to Pavco Construction,
Inc. and authorized the Chairman to execute 4 original
contracts for construction of the 2 -story alternate.
SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
17
Roos
JAN 0
199 F5
O. IRC Courthouse Project - Asbestos Abatement Survey Contract -
Change Order No. 1
The Board reviewed the following memo dated 12/13/91:
DATE: DECEMBER 131 1991
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
A'
DEPARTMENT OF GENERAL SERVI S
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
ASBESTOS ABATEMENT SURVEY CONTRACT
CHANGE ORDER NUMBER ONE
BACKGROUND:
Indian River County presently has a contract with Environmental
Aspecs, Inc., to perform the asbestos abatement survey on properties
associated with the Courthouse project. Phase II of the Main Library
Project calls for demolition of the old grocery store and laundry mat
on that property. In order, to comply with the law and obtain a
demolition permit it is necessary to survey that property for
asbestos.
ANALYSIS:
Since, Environmental Aspecs was performing that type work across the
street from the library property, it is cost effective to include
these services for the Library Project in their original contract. A
price of $500.00 was obtained from Environmental Aspecs to perform
that work.
RECOMMENDATIONS:
Staff recommends approval of the attached Change Order Number one and
request authorization for their Chairman to execute the applicable
documents. Funds for this service will come from the original
project allocation.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved Change
Order No. 1 with Environmental Aspecs in the amount of
$500, as set out in the above staff recommendation.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO
- THE BOARD
is
P. IRC Bid 92-30 -- Tree Trimming County Wide Annual Contract
The Board reviewed the following memo dated 12/9/91:
DATE: December 9, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servic
FROM: Fran Boynton, Purchasing Manage
;�
SUBJECT: IRC Bid #92-30/Tree Trimming
County Wide Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date:
Specifications mailed to:
Replies:
October 2, 1991
Seventeen (17) Vendors
Four (4) Vendors
Two (2) No Bid Responses
VENDOR
RATES
Insight of Indian River Co.
Hourly
- $ 37.50
Roseland, FL
Daily -
$296.00
A-1 Tree Experts
Hourly -
$ 57.50
Ft Pierce, FL
Daily -
$460.00
Quality Tree Service
Hourly -
$ 75.00
Ft Pierce, FL
Daily -
$600.00
L.P.I. Tree Service
Hourly -
$ 87.50
Roseland, FL
Daily -
$600.00
ESTIMATED VALUE:
$15,000.00
RECOMMENDATION:
Staff recommends the award of this Open End Contract to Insight
of Indian River County as the overall lowest responsive and re-
sponsible bidder. Equipment and insurance requirements have
been met by this non-profit organization which provides work in-
centive programs for adults on probation with substance abuse
problems.
Also, authorize Purchasing Manager to renew the Contract subject
` to satisfactory performance, zero cost increase, vendor accept-
ance, and the determination that renewal is in the best interest
of the County. The initial contract period shall begin on the
date of the award.
19
JAM 07 1992
BOOK 6
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded an open
end contract to Insight of Indian River County, as set
out in the above staff recommendation.
O. IRC Bid 92-50 -- Asbestos Removal in Existing Facilities
Located at the Site of the Proposed County Courthouse and Parking
Garage
The Board reviewed the following memo dated 12/30/91:
DATE: December 30, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Jerry Davis, Purchasing Buyer
SUBJ: Bid 92-50/Asbestos Removal
Department of General Services
BACKGROUND INFORMATION:
Bid Opening Date: December 18, 1991
Advertisement Dates: November 28, December 4, 1991
Specifications Mailed to: Eighteen (18) Vendors
Replies: Seven (7) Vendors
VENDOR BID TABULATION:
Kimmins Contracting $ 67,400.00
Miami, FL
Decon Environmental $ 87,000.00
Ft Lauderdale, FL
IAM Environmental $107,990.00
Tampa, FL
CNH Construction $115,450.00
Dade City, FL
Wortech, Inc $117,000.00
Delray Beach, FL
PT & L $121,000.00
Orlando, FL
Cross Environmental $124,200.00
Zephyr Hills, FL
TOTAL BID AMOUNT: $ 67,400.00
SOURCE OF FUNDS:
Services Accounts.
Courthouse Facility and Other Professional
20
RECOMMENDATION:
Staff recommends that the bid be awarded to Kimmins Contracting
as the lowest, most responsive and responsible bidder meeting
specifications as set forth in the Invitation to Bid.
In addition, staff requests the Board's approval for the chairman
to execute the attached agreement when all requirements are met and
approved as to form by the County Attorney.
Commissioner Bowman noted there is no indication mentioned
here of the final destination of this debris, and Director of
General Services Sonny Dean explained that the County has the
ability and the authority to dispose of it at the County Landfill.
It is considered a hazardous waste, but we can dispose of asbestos
materials in the Landfill.
Commissioner Scurlock advised that they will double line and
bury it in a specific location so that later on it can be removed
when new technology is developed for asbestos disposal.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded
Bid 92-50 in the amount of $67,400 to Kimmins
Contracting and authorized the Chairman to execute the
Agreement, as set out in the above staff recommendation.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
R. Sole Source Request for Automated Purchasing Software
The Board reviewed the following memo dated 12/30/91:
DATES December 30, 1991
M: James E. Chandler, County Administrator
THRU: H.T. "Sonny" Dean, General Services D'
FROM: Fran Boynton, Purchasing Manager
SUBJ: Sole Source Request for Automated Purchasing Software
DESCRIPTION AND CONDITIONS:
The Purchasing Division currently has budget approval for the purchase
- and installation of both the software and required hardware to set up
a personal caaputer network to automate the purchasing operation.
21
JAN 07 M2
I
JAGS 07
BOOK
The proposed software was developed by Advanced Procurement Systems
(APS) in conjunction with the National Institute of Governmental
Purchasing, Inc, (an educational and technical assistance organization,
dedicated to raising the standards of public purchasing of which, Indian
Rivet' County has been a member since 1985) for exclusive use by public '
jurisdictions only when automating their purchasing operation. This is
the only software package that has the standardized commodity code built
into the system which is the base of automation and the only one that
provides the updates that when revisions occur all the purchasing -
history is autcuatically made current. The on going support of the
coanmdity code is critical to the success of any public jurisdiction
operation.
The public jurisdictions throughout the United States and Canada
currently using this software include cities, counties, states, and
colleges, and universities, public schools, port and transportation au-
thorities and hospitals.
ALTERMa'IVE'S AND ANALYSIS:
APS is a full function modular software whose features eliminate repeti-
tive clerical and manual processing events in the procurement cycle,
automatically capture history and generate operational and managerial
reports.
In addition, staff has hands on experience of this software and its
capabilities. Continuing in house training will be provided by the Pur-
chasing Manager once the system is operational, because of her previous
work experience implementing this software program in Alachua,County.
BUD 'ID AMOMT: $29,735.00
•,�••: Ia i. - 210
Staff requests the Board's approval of this sole source software
Purchase request.in the amount of $27,600.00 for the Basic purchasing,
Open Market and Contract software modules with one-year off-site support,
software ; n_ata 11 anon and start up system management t1'a_n �Sq
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the sole source software purchase request in the amount
of $27,600, as set out in the above staff recommendation.
S. Bid 92-51 -- Demolition Work of Existing Buildings
The Board reviewed the following memo dated 12/31/91:
22
DATE: December 31, 1991
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Jerry Davis, Purchasing Buyer
SUBJ: 92-51/Demolition Work of Existing Buildings
Department of General Services
BACKGROUND INFORMATION:
Bid Opening Date: December 18, 1991
Specifications mailed to: Eighteen (18) Vendors
Replies: Four (4) Vendors
BID TABULATION: TOTAL LUMP SUM
Thomas Cushing Demolition $ 74,469.00
West Palm Beach, FL
CNH Construction $ 91,140.00
Dade City, FL
Cobra Clearing $133,400.00
Palm Beach Gardens, FL
Chapman & Sons $142,734.00
Orlando, FL
TOTAL AMOUNT OF BID: $ 74, 469.00
SOURCE OF FUNDS: Courthouse Facility and Other Professional
Services Accounts.
RECOMMENDATION:
Staff recommends that the bid be awarded to Thomas Cushing
Demolition as the lowest, most responsive, responsible bidder
meeting specifications as set forth in the Invitation to Bid.
ON MOTION by Commissioner Scurlock, SECONDED by
` Commissioner Bird, the Board unanimously awarded Bid
92-51 to Thomas Cushing Demolition, as set out in the
above staff recommendation, and authorized the Chairman
to execute the Agreement with Thomas B. Cushing
Demolition.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
23
JAN 07 1992
JAS
T. T=Rorary Water Service Agreement - Marie Simmons
The Board reviewed the following memo dated 12/17/91:
DATE: DECEMBER 17, 1991
TO: JAMES E*CHANDLER
COUNTY ADMINISTRATO s
FROM: TERRANCE G. PINT
DIRECTOR OF UTISERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND MARIE SIMMONS
TEMPORARY WATER SERVICE
PREPARED AND STAFFED BY: WILLIAM McCAIN
CAPITAL ECTS ENGINEER
DEPAR UTILITY SERVICES
BACKGROUND
Marie Simmons has requested that temporary service be installed from
the water line on 20th Avenue to service her property at 918 21st
Avenue, Vero Beach, Florida 32962, prior to the installation of a
water main*on 21st Avenue.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to.
918 21st Avenue until such time that a water line is constructed on
21st Avenue by assessment. Marie Simmons agrees to pay all fees
required to make this connection. She further agrees.to participate
in the assessment and to reconnect to this water line as required by
IRCDUS.
RECO-MMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Marie
Simmons on the Consent Agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the Temporary Water Service Agreement with Marie Simmons.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
CERTIFICATE OF ACHIEVEMENT - JEFFREY K. BARTON CLERK OF CIRCUIT
COURT
The Board reviewed the following memo dated 12/20/91:
24
J
TO: Dick Bird, Chairman, B.C.C.
DATE: December 20, 1991
SUBJECT: CERTIFICATE OF ACHIEVEMENT
FROM: Jeffrey K. Barton
Clerk of Circuit Court
Request I be given time on the regular HCC meeting agenda for
January 7, 1992 to announce the receipt of a Certificate of
Achievement. The Indian River County Comprehensive Annual
Financial Report (CAFR) for the Fiscal Year Ended September 30,
1990 has been awarded the Certificate of Achievement for
Excellence in Financial Reporting by the Government Finance
Officers Association.
The CAFR for FY 1990 was previously provided to each Commissioner
and to key staff members.
A news release is enclosed. This is the eighth consecutive year
this Certificate of Achievement has been awarded to Indian River
County.
Jeffrey K. Barton, Clerk of Circuit Court, stated that he was
here this morning with great pleasure to present to the Board on
behalf of the Government Finance Officers Association the
Certificate of Achievement for Excellence in Financial Reporting
for Fiscal Year 1990. He noted that this is the 8th consecutive
year we have received the award, having first received it for
fiscal year 1983. It is a major undertaking to put together the
annual financial statements consolidated from all county
operations, -and we were able to do it with the cooperation of the
Board's staff and the staffs of all the other Constitutional
Officers in the county. It includes a substantial amount of
statistical information from over the last 15 years.
Commissioner Scurlock emphasized what an honor it is to
receive this prestigious award, and Mr. Barton noted that of the
_ 67 counties in Florida, 28 counties have received the Certificate
of Performance. Of governments nationwide, only 9% of the counties
who applied have received this award, and only 14% of the counties
25
JAN 0 7 N92
in the nation in our size range have received it. One of the most
difficult tasks in preparing this report is the tracking of fixed
assets. Many counties are ruled out of receiving the award because
they do not have good history and background on all their fixed
assets, and that is one reason why St. Lucie County has not been
able to get the award.
Commissioner Scurlock felt both the Clerk's Office of Finance ~
and the Board's Office of Budget & Management should be commended
for working closely in achieving this award. As one Commissioner,
he finds the statistical information in the back of the report very
helpful and uses it almost on a daily basis.
Mr. Barton pointed out that one of the benefits that comes
with winning this award annually is that it helps us obtain lower
interest rates when borrowing monies for the on-going projects in
this county. He presented the plaque to Chairman Eggert, who
requested that it be hung in the Office of the County
Commissioners.
DISCUSSION REGARDING SEBASTIAN TWIN PAIRS PROJECT
The Board reviewed the following letter received 1/7/92:
SEBASMN PROPERTY OWNERS ASSOCIATION
lJ
To Whom It May Concern:
I wish to be placed on the agenda of January 7, 1992.
I want to discuss the issue of the Twin pairs, County
Road 512.
Sincerely,
Jim Wadsworth,, ,President
Sebastain property owners Assn.
26
Jim Wadsworth, president of the Sebastian Property Owners
Association, thanked the Board for allowing them to speak again
about the proposed construction of the Sebastian Twin Pairs
project. He noted that the Commissioners' backup packets contain
50 pages of opposition to the Twin Pairs project, either through
the newspapers, the Sebastian Planning & Zoning Board or through
the various home owners associations in the north end of the
county. Mr. Wadsworth emphasized that there has been opposition to
the project since 1984 and they have not changed their position.
The Sebastian Property Owners Association has been against this
since 1985 and has never changed their position. Last week they
appeared before the Sebastian City Council and appealed to them to
pass a resolution to put the question of the Twin Pairs out to
referendum in March. They feel that the taxpayers at the north end
of the county have jumped through many hoops to let everyone know
that they don't like the design of the Twin Pairs project. They
object to the transportation impact fees collected in District 3
being spent on the construction of the Twin Pairs when they prefer
to see those monies spent on widening the existing roadway to the
necessary width to carry the traffic. The widening alternative
would not need additional traffic lights within 900 feet of each
other on U.S. #1, and would not put our children in double jeopardy
at the main intersection where the "Y" is going to come together
right there at the east end of the school property. There are
various and sundry other reasons why they disagree. Mr. Wadsworth
noted that Orange Heights is made up of 90% of retired people who
do not want this design. They understand from staff that it will
cost $1.2 million to widen the existing roadway compared to only
$750,000 to build the Twin Pair design, but they would like to
point out that if you take the $210,000 piece of property that the
County purchased out on U.S. #1 and take the existing railroad
right-of-way from the school easterly to U.S. A, you could raise
the additional monies to build the highway as the taxpayers in the
northern part of the county would like to see it done. They are
asking the Board to please reconsider their decision and go with
the alternate plan to widen the existing roadway. He understood
that the plan to widen the roadway is on file with the County, but
they have heard very little discussion about that alternate, and
they are asking the County to put it out to referendum in District
3 in the March election and let the people decide so that this
issue can be put to rest once and for all. The City of Sebastian
has agreed to pass a resolution to put this on the ballot and they
are asking the County do the same. In conclusion, Mr. Wadsworth
wished to emphasize that he is not for government by referendum,
27
G
J A N 07 199
but did feel this particular issue merits it. This is their only
and last recourse, and they are asking the Commission to take some
course of action this morning along those lines.
Chairman Eggert stated for the record that the referendum
being requested would be a non-binding referendum, a straw ballot.
Commissioner Scurlock understood that this particular
transportation impact fee zone encompasses far more than the City
of Sebastian, and wondered how a referendum could be structured, if
the Board chose to do so, to allow that entire impacted area to
have a voice in the matter.
County Attorney Vitunac advised that the law does not allow a
special election just for a straw ballot. It has to be held
concurrently with another valid election.
Commissioner Wheeler noted that we will have a presidential
preference ballot in March, but Attorney Vitunac explained that
would be a county -wide election. He didn't know if there would be
an election just for the north portion of the county.
Commissioner Scurlock stressed that a referendum involving
just the City of Sebastian would not be totally representative of
the area from which the impact fees are generated.
Commissioner Bird wanted the public to be thoroughly educated
on the pros and cons of the two designs before they go to a
referendum, stressing that from all the meetings that have been
held and the studies done by the consultants and engineers, he is
convinced that the Twin Pairs would be the best way to proceed from
a traffic, safety and cost standpoint. Unless the electorate can
somehow be educated on the pros and cons of the Twin Pair design as
compared to using the original alignment, he would question just
how valid the outcome of the ballot would be. However, he didn't
know what the proper forum would be to get all of that information
out to the electorate.
Commissioner Scurlock felt that all the Commissioners try to
get out and_ get input from the people about these controversial
matters. One thing that disturbs him, however, is hearing that
people are opposed to the Twin Pairs project because it is just
temporary. That is incorrect. In fact, using the original
alignment is a temporary solution because there is no ability to go
to 6 lanes or whatever will be needed in the future.
Mr. Wadsworth noted that Public Works Director Jim Davis made
the statement at a Council meeting in Sebastian that the Twin Pairs
was a temporary fix, a 5 to 7 -year temporary fix.
Commissioner Scurlock believed Mr. Wadsworth was taking Mr.
Davis's statement out of context.
Director Davis confirmed that we did make the statement
28
throughout the history of the project that the 4 lanes would be a
temporary cross section until such time as the demand is there for
a full 6 -lane section with 3 lanes eastbound and 3 lanes westbound.
The original alignment does not have the ability to go to 6 lanes
without extensive right-of-way acquisition and a large area to
handle stormwater management.
Commissioner Scurlock emphasized that he and the other
Commissioners have been relying on that information in their
approval of the Twin Pairs concept.
Director Davis explained that the planning that has been done
in the region dictates a demand for a 6-7 lane cross-section for
the roadway, and by phasing it from a 4 -lane cross section to a 6 -
lane cross section, we feel we can use our resources and revenue in
District #3 more economically, as well as build the ultimate
roadway design.
Commissioner Scurlock asked if widening the existing roadway
would have significant impact on the adjacent property owners if it
had to go to 6 or 7 lanes, and Director Davis confirmed that staff
feels it would encroach on their frontage along the roadway and
eliminate some parking and stormwater management areas. It is a
similar situation to extending any roadway through a developed
area; you end up having to take setbacks and putting structures
into non -conformity. The driveways don't work as well in
connecting to the roadway, and because we are right on the ridge
there, the grade problem extends further into the properties. It
would be much more difficult to go through the right-of-way
acquisition process and try to mitigate all the impacts on those
fronting properties.
Mr. Wadsworth recalled that several years ago the City Council
of Sebastian required all the property owners on the south side of
the road to set back 70 feet, and in many instances this has been
done for parking, curb cuts, expansion of the roadway, etc. He
contacted several owners of property along the existing roadway and
they said no one from the County had contacted them about what they
would sell their property for or even ask if they would donate it.
Mr. Wadsworth felt that clearly indicates that all the leg work has
not been done in considering the alternative of widening the
existing roadway. The people do not want the Twin Pairs project;
they want the existing roadway widened. They are not here to
beleaguer anyone, they just want to present their case.
Director Davis advised that the County wrote all the property
owners on the north side of the road back in 1986-87 and requested
that they consider swapping the County the railroad frontage to the
north of their property for additional right-of-way along the
29
JAN 01-1 M2
A " �
a0GK.��
J
J ' `.,f. ,g a 21
.�
BOOK PA1J i
existing alignment of CR -512, which would be their south property
line, but none of the property owners expressed a desire to
cooperate on that level. All of this property falls within the
city limits of Sebastian. We have not made any offers to purchase
any of their property because we felt the community supported the
Twin Pairs project, particularly after the 1989 resolution the City
adopted.
Commissioner Bird believed that the Twin Pairs project would
open up a new corridor of potential commercial zoning and
development that could be quite an enhancement to the tax base up
there. He felt that people are inherently opposed to one-way
streets, but didn't think there has been that much opposition from
the merchants along the SR -60 Twin Pairs project.
Commissioner Scurlock commented that there was a lot of
support for the Vero Beach project.
Mr. Wadsworth wished to widen his closing remarks by informing
the Board that both Park Place Homeowners Association and the
Roseland Property Owners Association are in favor of widening the
existing roadway and do not want the Twin Pairs project. He asked
all of those in attendance today who are in opposition to the Twin
Pairs project to stand, and about 25 people stood. Mr. Wadsworth
asked the Board to take some action on this matter this morning.
Commissioner Scurlock asked Director Davis what it would do to
the overall timing of the project if the Board were to reverse
their decision this morning, and Director Davis.felt it would be
very difficult to put a specific number of months on the time
extension. First, we would have to get with the consulting
engineer, renegotiate a contract and bring it to the Board for
approval; issue orders to proceed for further survey and design
work; and construct a new right-of-way map to determine what
additional right-of-way would be required. After the design was
completed, we would seek appraisals for right-of-way acquisition
which takes_ 60-90 days. After the appraisals are secured, we
review them and send out offers to property owners. The main
factor affecting the time frame is how the property owners along
the roadway respond to the County's offers. If they are willing to
sell their property and agree with the County's appraisals, it
could take an additional 6 months at the soonest to complete the
title and mortgage paper work. Once all the title work and the
deed preparation is completed and we agree on price and have
closings on the property, we would then go into utility relocations
and stormwater permitting. After the stormwater permits have been
acquired, we could put the job out to bid. Director Davis really
didn't think it could be done sooner than 2 years.
30
Commissioner Scurlock asked how much longer it would take to
do the road widening project over the Twin Pairs, and Director
Davis estimated that if everything went silky smooth and we had
good cooperation with owners along the roadway, it would take one
year longer to go with the alternative of widening the existing
roadway. Director Davis didn't feel our revenue stream is adequate
to fund an extensive right-of-way acquisition program as well as
additional consulting services. He did feel that it would be
necessary to blend some other revenue sources into the project.
In addition to that there will be some severance damages along the
roadway.
Commissioner Bowman pointed out that it is possible to bypass
Sebastian with the I-95 traffic by diverting it down CR -510 and
Roseland Road, but Director Davis advised that we already have done
that. Signs have been placed along CR -510, CR -512, and Roseland
Road directing traffic from U.S. #1 to I-95 and vice versa.
Mr. Wadsworth had a real problem with some of the
explanations coming forth this morning. Even if we did have some
acquisitions and property to purchase if we went with the road
widening alternative, we don't know what the cooperation of the
people will be until they are contacted. With the opposition in
Sebastian to the Twin Pairs project, he was sure that many of the
property owners would be glad to cooperate in the road widening
alternative. We are talking about less than one quarter of a mile
in one area where we would have to purchase property. From U.S.
#1 at the north side, there are two businesses that would be
affected and one house. Those are the only properties we are
talking about, and until we do some leg work on this to see what it
is going to entail, he didn't understand how we can continue to
dwell on the construction of the Twin Pairs and say that is the
only project.
Commissioner Bird asked if the figures quoted by Mr. Wadsworth
were accurate, and Director Davis replied that they were not. The
latest cost estimates prepared by County staff indicate that it
would cost $1,267,000 to construct the widening of the existing
alignment of the roadway, plus right-of-way acquisition costs of
ti
$281,600 which do not include severance damages. That brings the
total to $1,548,00.0.
Chairman Eggert asked how much it would cost to remove the gas
tanks if we did have to buy the gas station. She understands that
is a tremendous expense.
Director Davis advised that there are many unknowns when you
are dealing with individual properties, particularly with as many
as we are talking about. The western portion of the roadway is
about 3,800 feet, which is what the Twin Pairs distance really
31
JAM U 7 1992`
,"
�DI SF� PAGE S
equates to. It is less than one mile. To implement the Twin Pairs
project, our latest cost estimate is $778,000,. so we are talking
about $770,000 difference in the two projects if you include right-
of-way acquisition at a bare minimum cost and do not include
severance damages and other possible complications.
Commissioner Bird really felt those figures are pretty
accurate. If we go with the alternative of widening the existing
roadway, we are looking at a year's delay and an increase of
$770,000 in construction costs. Those are the facts that should be
conveyed to the electorate so that they can make an educated vote.
This is basically why he has voted in favor of the Twin Pairs
project the last two times.
Charlie Styco, resident of Sebastian, commented that what
bothers him most about the proposed Twin Pairs design is the
disruption in traffic it would cause in two places on U.S #1. With
the road widening alternative, there would be only one red light on
U.S. #1.
Commissioner Bird advised that we have gone into that in depth
at prior meetings, and Director Davis explained that by splitting
the intersection, the left -turn movements can be segregated and
occur in a synchronized fashion and more traffic can be moved
through the intersection than if you consolidated all those turning
movements into one location. If you go to one location, it
probably would be a 4 to 8 -phase traffic signal, which means a
motorist has to wait until the left -turn movements are clear and
the through movements are clear. He must wait through at least 4
phases of the signal as opposed to only 2 phases if the roadway is
split. We have talked to the DOT and they have no problem with the
Twin Pair design. They basically feel it is a good alternative,
which is why they are implementing a Twin Pairs project in Vero
Beach.
Commissioner Scurlock emphasized that at a recent workshop the
new consultant hired by the City of Sebastian confirmed that the
Twin Pairs project has a higher capacity to handle traffic than the
old alignment. That was said at our last meeting, and we went back
to the tape to confirm that. We have had two separate, independent
traffic consulting firms tell us that the Twin Pairs concept was
better, and as a Commissioner, he must rely on trained professional
opinions. Commissioner Scurlock was convinced that most of the
people do not fully understand the reasoning behind the design, and
he has yet to hear one professional come forward and say there is
a better design than the Twin Pairs design.
Lengthy discussion ensued about whether a referendum would be
advisable, and Supervisor of Elections Ann Robinson asked -to see a
32
map showing District 3 of the transportation impact fee areas.
She advised that it looks like District #3 includes all of the City
of Sebastian and perhaps part of Precinct #10 and a little of
Precinct #13. If the Board wanted to expand the referendum to a
county -wide election, it wouldn't increase the cost very much. The
only problem is whether the presidential preference election could
be considered county -wide since only registered voters of a major
party can vote in that election. Those people who are registered
independent or non-partisan would not be able to vote in the
election. It would not be a large amount of money to hold the
referendum the Board is discussing, but we would have to be very
careful to make sure that each person going to the polls only votes
on what they are entitled to. We would have to prepare for that.
We still have the question of whether the presidential preference
election qualifies as a county -wide election.
Attorney Vitunac advised that the intention of the law is to
save money, and since an election is being held throughout the
county anyway, he believed we could place a referendum on that
ballot.
Chairman Eggert asked if we could be ready by March 10th if
the Board agreed to a referendum, and Mrs. Robinson replied in the
affirmative.
Mr. Wadsworth referred to Commissioner Bird's comment about
the one-year delay in going with the alternative of widening the
existing roadway, and believed the taxpayers in the north county
preferred that to a 7 -year temporary fix.
Commissioner Scurlock jumped in at the mention of the
"temporary fix" again. He asked Director Davis to again clarify
that once and for all, and Mr. Davis did so.
Chairman Eggert also objected to the word "temporary" because
temporary to her meant a sign saying that traffic is being diverted
for a short time. She would like to remove the word "temporary"
from those situations and see the word "phasing" used instead. At
this point, she would appreciate a Motion on this matter.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board voted unanimously to
remain with their previous approval of the Twin Pairs
design.
Commissioner Bowman commented that the twin -pair project in
downtown Melbourne seems to have failed, and Director Davis
explained that area is a very intense downtown commercial setting
and there is no way to expand the roadways.
33
Joe Generazio, resident of Sebastian, wished to say that he
has had a lot of experience in coordinating fire, police, and
garbage pickup traffic during snow emergencies in New York City,
and he resented Commissioner Scurlock's inferences that the north
county residents are ignorant and a bunch of country bumpkins.
Commissioner Scurlock interjected that he had never used the
word ignorant at anytime in describing the voters. In fact, he
felt the voters in this county are very intelligent.
Mr. Generezio believed there was an implication that they are
ignorant, but Commissioner Bowman felt the implication was that the
voters were uninformed.
Rob Brodie, an architect, felt that you have to deal with the
neighborhood and the historical part of town. The issue here is
that the people do not want this design. Sebastian is coming of
age and there are people who love the area and new people coming
into the area everyday who love it also.
PUBLIC HEARING - REQUEST BY SCOTT KETCHUM FOR A VARIANCE FROM
CERTAIN SUBDIVISION ORDINANCE REGULATIONS
The hour of 9:05 O'clock having passed, County Attorney
Vitunac 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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter
In the Court, was pub-
lished In said newspaper in the issues o1 Z//,�� 1411
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed. for :me this. '� t /��day ot-=`��1):.j9_
WI-�.t✓~•� ,A.0(BuSiridas-Mafiager)
1 /1
4
NOTICE OF PUBLIC NEARING
Notice of Public HB to consider a varianr
and Plats, from the repkernervis of (apter 813. Subdivisior
agot
MRS) 8nat would prohibit Development of a�twudir
p138mdetrtffor awe � family r an the sable
THE SOUTH 4.00 ACRES OF TRACT 7 IN
THE NORTH Ya OF SECTION 29, TOWN-
SHIP 33 SOUTH, RANGE 39 EAST, AC
CORDq�G TO THE PLAT OF LANDS W IN-
SION AS RECORDED IN PLAT BOOK 2
AT PAGE 25 OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA.
The Boardof Catu Widuct
rohearing regarding the r for a varlanc,
subdivisfan
ordinance requirements to enabi.
TheThe pubAa hea►in9. Of a residence �p In the Interest am
dttceproperty
ns shah have an to be heard, w
be held by the Board �Canurrrers o
Chambers of the AdaAdmBdst n Buthe ilding �jor
cared at 1940 25th Street, Vero Beach, Florida or
Tuesday, January 7, 1992 at 9:05 am.
Anyone who may wish to appeal any decisior
which may be made at this meeting will need to an -
"a that a verbatim record of the proceedings is
made whish Includes the testimony and evidence
upon which the awill be based
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:-s-Rk,hard N. Bbd, Chairman
Dec.12,1991 058874
The Board reviewed the following memo dated 12/19/91:
TO: James E. Chandler DATE:
County Administrator December 19, 1991
DIV ION HEAD CONCURRENCE:
Obert M. Rea i , AI
Community// Develo men Director
FROM: Stan Boliri'g,� AICP
Planning Director
SUBJECT: REQUEST BY SCOTT KETCHUM FOR A VARIANCE FROM CERTAIN
SUBDIVISION ORDINANCE (CHAPTER 913) REGULATIONS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 7, 1992.
DESCRIPTION AND CONDITIONS:
Scott Ketchum has applied for a variance from certain subdivision
ordinance regulations. The subject property is a t4 acre parcel
located approximately } mile west of 58th Avenue and 760' south of
45th Street; it is zoned RS -3 (Residential single family up to 3
units per acre), and is legally described as follows:
THE SOUTH 4.00 ACRES OF TRACT 7 IN THE NORTH } OF SECTION
29, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE
PLAT OF LANDS IN INDIAN RIVER FARMS COMPANY SUBDIVISION
AS RECORDED IN PLAT BOOK 2 AT PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
Prior to a property division, the parcel was a portion of a ±12
acre parent tract (see attachment #1). The parent tract was an old
"parcel of record" that included frontage along 45th Street. This
parent parcel contained a residence, barn, and other accessory
structures. In 1989, the eastern portion of the parent tract,
which contained a house on ±7.83 acres as well as 45th Street
frontage, was sold -off. The result was a ±7.83 acre "legal" parcel
containing a residence and having 45th Street frontage and a ±4
acre parcel containing a barn and no frontage on a road right-of-
way. Creation of the ±4 acre parcel without frontage on a
dedicated road right-of-way violated section 913.06(1)(c) of the
subdivision ordinance. This section states that it is unlawful to
"Divide property after December 8, 1973 by any means where a
resulting lot has frontage on a dedicated public or private right-
of-way (street) less than 60 contiguous feet...". Thus, because
the ±4 acre parcel did not have frontage on a dedicated road right-
of-way, creation of the parcel was illegal. Presently, the parcel
z is considered illegal and is "unbuildable".
The subdivision ordinance violation was recently brought to the
attention of staff and subsequently considered by the Code
Enforcement Board along with other violations related to the
construction of a pond on site. To render the parcel "buildable"
and to cure the subdivision violation, Scott Ketchum (current owner
of the subject ±4 acre parcel and son of the owner of the ±12 acre
parent tract) has inquired into using a set of two existing,
abutting access easements that run together and "connect" the ±4
acre subject site to 45th Street (please refer to attachment #2).
35
AN 107
Fr
JAN 07 19-92 BOOK 1� ) P,; E.��,��
One easement is 60' wide (60' is the minimum local road right-of-
way width) and could be converted into a 60' road right-of-way via
a road plat. However, a second 20' wide easement could only be
used if it were expanded to a width of 60' and converted to a road
right-of-way via the filing of a road plat. In other words,
although the existing 60' and 20' easements could be included in
the road plat area, the road plat itself would need to be at least
60' wide running from the ±4 acre parcel to 45th Street. Such a
road plat would obviously cover more area than what is covered by
the 20' wide easement and would require consent and approval from
owners of affected properties. All road platting options available
to Mr. Ketchum would involve the consent and approval of
surrounding property owners.
Mr. Ketchum is now requesting a variance from the requirements•of
section 913.06(1)(c) of the subdivision ordinance. If Mr. Ketchum
obtains the variance from the Board, the subject parcel could be
considered buildable as a separate, "legally created" parcel.
ANALYSIS AND ALTERNATIVES:
!Frontage Requirement
The dedicated road right-of-way frontage requirement contained in
section 913.06(1)(c) of the county's land development regulations
has essentially been in effect in the County since 1974. The
requirement has been consistently enforced on a parcel by parcel
basis since the adoption of the "revamped" subdivision ordinance in
1983. The staff has consistently applied the frontage requirement
to hundreds of situations over the past eight years. Furthermore,
the Board of County Commissioners has affirmed the fundamental
importance of strictly applying the right-of-way frontage
requirement. In its last subdivision variance action (March 29,
1988), the Board voted 5-0 to deny a request by the First Baptist
Church of Mt. Pleasant (agent: Michael O'Haire) for a variance
from the right-of-way frontage requirement. In its 1988 action,
the Board re -affirmed the fundamental reasons for the dedicated
road right-of-way requirement, which are as follows:
1. Dedicated (platted) road right-of-way ensures that all newly
created lots, whether part of a subdivision plat or created
via a metes and bounds "cut-out", have direct access to a
legally established and properly maintained roadway.
2. Dedicated (platted) road right-of-way is established only
after staff and county approval which ensures proper alignment
and layout of the roadway in relation to existing and planned
roadway, drainage, and utilities improvements.
3. Dedicated (platted) road right-of-way provides future
residents with an approved street layout and designation that
is fully integrated into and coordinated with the chapter 951
road/addressing system and the 911 emergency response system.
4. Dedicated (platted) road right-of-way alleviates many
potential problems arising from past, haphazard metes and
bounds "cut-outs" accessed only via private easements. Such
areas routinely experience access road alignment and
maintenance problems and drainage problems. Once such a
property' ownership pattern is created, it is extremely
difficult to solve the problems, since there is insufficient
right-of-way and no single road maintenance/ownership entity
with which to negotiate. Lastly, such areas are usually
omitted from utilities expansion projects due to the lack of
a functional right-of-way layout.
Thus, the reasons for applying the dedicated road right-of-way
requirement to newly created lots have not changed since the Board
last considered a variance -from the requirement. Requiring right-
of-way frontage alleviates potential access, drainage, .and
36
� � r
utilities services problems and prohibits the creation of lots that
cannot be properly served with future services (eg. water and
wastewater utilities).
•Variance Review and Consideration
Section 913.11 of the subdivision ordinance gives the Board clear
guidance in its review and consideration of a variance request.
The Board shall not approve a variance unless it finds all of the
following:
"(A) The particular physical conditions, shape, or topography
of the specific property involved would cause an undue
hardship to the applicant if the strict letter of the
land development regulation is carried out;
(B) The granting of the variance will not cause injury to
adjacent property or any natural resource;
(C) The conditions upon which a request for ,variance are
based are unique to the property for which the waiver is
sought and are not generally applicable to other property
in the adjacent area and do not result from actions of
the applicant; and
(D) The variance is consistent with the intent and purpose of
the Indian River County land development regulations, the
Indian River County Comprehensive Land Use Plan, and this
Chapter.
If the board approves a variance, it may attach any such
conditions to the variance as will assure that the
variance will not result in noncompliance with the intent
and purpose of this Chapter. Violation of any such
condition shall be deemed a violation of this Chapter."
It is staff's position that none of these criteria is satisfied by
the request.
(A) The physical shape and condition of the property does not
warrant the granting of a variance. The subject property
is of a size and shape that lends itself to development
if developed in conjunction with the parent tract or
other existing "undeveloped" tracts to the south or west
of the site. The location of the subject portion of the
parent tract is no cause for granting the requested
variance since the location and "land -locked" situation
was created by the applicant and is the very situation
the subdivision ordinance road frontage requirement
prohibits.
(B) Granting the variance could preclude proper subdivision
of the subject property and adjacent areas, and would
simply add another nonconforming parcel to an existing
nonconforming subdivision in the area (the six metes and
bounds parcels immediately north of the subject site).
Given the RS -3 zoning and potential development in the
area, future development of larger parcels, such as the
subject ±4 acre parcel, should be accommodated by
continued application and enforcement of the frontage
requirement.
(C) The conditions and circumstances involving the subject
property are not unique. There are hundreds of larger,
undeveloped metes and bounds properties throughout the
county which are zoned for residential development. The
road frontage requirements have been applied to many
Properties throughout the county. There is no
Justification for distinguishing the subject parcel from
hundreds of parcels throughout the county. Such parcels
37
LIJAM 07 1992
PNCC
JAS 0 e' `fir; ,
must not be allowed to be divided in a manner that
results in little or no road right-of-way frontage.
(D) The request is inconsistent with 'the subdivision
ordinance. First, the request is to "waive" a
fundamental requirement of the ordinance which is to
provide to newly created lots proper frontage and service
and potential for future services. Second, the request
is inconsistent with the traffic element of the
comprehensive plan which states the following:
POLICY 4.20 The county shall continue its current
practice of .preserving existing and future transportation
right-of-way by requiring necessary and appropriate land
dedication through the plat and site plan review and
approval processes in accordance with the provisions of
the County's Land Development Code. Dedication for
right-of-way, exceeding local road standards, shall be
compensated through traffic impact fee credits, density
transfers, or purchase.
POLICY 5.2: The county shall review all proposed land
developments in order to ensure consistency with the
goals, objectives and policies of this plan, and the
county shall require coordination of traffic circulation
plans and improvements with land use and infrastructure
plans before development approval.
In essence, these right-of-way and traffic circulation policies are
implemented at the lot -split level of development via the
subdivision ordinance road frontage requirement.
In his variance application (see attachment #3), the applicant
asserts the following:
(1) He has attempted to arrange to plat a private road right-
of-way from 45th Street directly to the ±4 acre subject
parcel. However, the physical arrangement of the
property is such that a 60' wide road right-of-way from
the subject parcel to 45th Street would have to cross
privately -owned parcels since an existing access easement
(the 20' wide easement) is not wide enough to meet county
standards. The applicant asserts that due to ownership
patterns and ownership approval constraints in the area,
establishing a road plat could be difficult if not
impossible.
(2) A private deed restriction has been placed upon the
subject t4 acre parcel at this time which would preclude
development of more than one residence on the property.
Thus, the future development of the property is limited
by current private restrictions.
(3) A_building permit cannot be issued for a residence on the
subject parcel unless a variance is granted which
"accepts" in lieu of 60' dedicated road right-of-way
frontage the current 60' and 20' access easements which
presently connect the site to 45th Street.
It is staff's* position that the current parcel configuration and
ownership pattern is the result of voluntary action taken by the
previous parent tract owners who are the parents of the applicant,
Scott Ketchum. Thus, the current property configuration is the
result of the illegal acts of the predecessors in title. It is the
very difficulties now encountered by Mr. Ketchum that the ordinance
right-of-way frontage requirement helps to avoid; that is, creating
a new parcel which is "land -locked" from direct access to a
dedicated (platted) right-of-way. The existing 60' wide and 20'
wide connecting access easements (refer to attachment- #2) are
insufficient to meet county width, dedication and maintenance
38
standards to satisfactorily service the proposed parcel and future
development in the immediate area of the subject t4 acre parcel.
Staff also notes that the private deed restriction can be changed
by the private parties having an interest in the restriction.
There is no guarantee that the restriction will remain. Lastly,
alternative uses of the subject property do exist, as described in
the subsequent section of this report.
•Alternatives:
Essentially, three alternatives exist in relation to use of the
subject parcel. These options are as follows:
1. Join the parcel to an adjacent, legal parcel. Thus, the
subject #4 acre parcel could become part of an existing
parcel, such as the parent tract (east) or parcels to the
north, west, or south. As part of an adjacent, expanded
parcel, the subject site could ultimately become part of a
future subdivision development.
2• A road right-of-way could be platted over adjacent
property(ies) from any direction, to provide right-of-way
frontage to the subject site. Coordination with surrounding
property owners would be required to carry -out this
alternative.
3• The parcel could remain as it is, "unbuildable" unless and
until road frontage is provided, and subject to any penalty or
fine imposed by the Code Enforcement Board as a result of the
existing subdivision ordinance violation.
One of these alternatives must be pursued in lieu of the county
granting a variance to the subdivision ordinance.
the
variance request would set an untenable precedent of legalizing Granting the
creation of bad development situations now prohibited by the
subdivision ordinance, dedicated road frontage requirements. The
situation from which the applicant seeks relief is self-created.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners deny the
variance request and affirm the application
dedicated (platted) road frontage requiremeof the county's
39
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Planning Director Stan Boling presented staff's recommendation
for denial of this request for a subdivision variance. It is
staff's position that the request for a variance does not meet any
of the review criteria listed under Section 913.11 of the
subdivision ordinance. In addition, he stressed that no variances
have been granted for 18 years since the dedicated road right-of-
way frontage requirement of the County's land development
regulations has been in effect. Director Boling cautioned the
Board about setting a precedent in this situation and stressed that
this is not a unusual situation.
Director Boling pointed out three alternatives: 1) Joining
the parcel to an adjacent, legal parcel; 2) Platting a road r/w
over adjacent property from any direction to provide r/w frontage
to the subject site; or 3) Have the parcel remain "unbuildable"
unless and until road frontage is provided, and subject to any
penalty or fine imposed by the Code Enforcement Board as a result
of the existing subdivision ordinance violation.
Director Boling pointed out the possibility of a stub -out that
would result from further development of Whippoorwill Estates, west
of the subject property.
Chairman Eggert opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Scott Ketchum, applicant, advised that he has a legal document
stating that he has legal access through the 20 -ft. easement. He
explained that when the Parrish family who originally owned the 2
acres on the front sold off the acre on the other side, they
allowed a 20 -ft. easement onto a 60 -ft. easement which goes all the
way to his property. He was told by both his attorney and his
surveyor that if he gained legal access over that road, he could
use it. He has a deed of easement saying that he can use it to
cross a 20 -ft. road; that they are not liable if he got hurt; that
it is not for any purpose of a through street; that it is only for
the 4 -acre parcel and cannot be used for any other parcel; and that
it is only for a single family home and cannot be used for
commercial of any kind. There are 7 restrictions listed on the
deed of easement.
Commissioner Bird understood that even if Mr. Ketchum does
have legal easement over the 20 feet to get to his property, the
County couldn't issue him a building permit because it doesn't
comply with the county's subdivision ordinances.
Community Development Director Robert Keating confirmed that
to be the case.
40
Commissioner Scurlock asked if it would be possible for the
County to make the restriction that Mr. Ketchum could build only
one residence, because as it stands now, this man has 4 acres in
there that he cannot use until Whippoorwill Subdivision expands at
some point in the future.
Director Boling explained that if a road plat is put in place,
it doesn't require paving improvements and things like that. In
other words, the road could continue in its existing condition.
What the road plat would do is provide r/w and consent for use by
utility providers to work within the r/w if lines are ever extended
in there. It also sets up a maintenance authority or entity to
maintain it. So, we are not talking about a full scale
subdivision. Our ordinance is structured so that you don't have to
put in all the improvements if you are doing a lot split. What it
really comes down to is that we are suggesting that you not look at
the immediate situation or the immediate plans that Mr. Ketchum
has. This is a developing area and the problem will not go away.
The Ketchums were happy with the 12 -acre parcel for many years, but
now they want two parcels -- an 8 -acre parcel and a 4 -acre parcel.
If another house is allowed on this parcel or allow a house to be
built on the 4 -acre parcel, that won't be the end of it because the
area is developing. Director Boling pointed out that by legalizing
this parcel split, there would be one more property in a
substandard situation. It would be just a little bit, but that is
how it occurs, just a little bit at a time.
Commissioner Wheeler's concern was that we would be opening up
something where someone could split their property and then come
back in a year or two saying that they have this situation and need
to correct it. He felt it would absolutely destroy our ordinance.
Commissioner Scurlock stressed the added problems that you
would run into with access for utilities.
Commissioner Wheeler understood then that there was an illegal
lot split in 1989 and then there is an illegal pond, and now Mr.
Ketchum wants an illegal building permit.
Mr. Boling advised that Mr. Ketchum has not yet applied for a
single family home. The reason this violation came to our
attention was in looking at the other violations that occurred on
the property.
Mr. Ketchum stressed that the 20 feet was created to have it
remain private because the two property owners on the end never
wanted the street to become a through street.
Commissioner Wheeler explained that the ordinance says that
you must have 60 feet r/w, whether or not it is private road, an
41
BOOK -- F ° I- F.
1
JAN 07 1992
JAN 07 102-
aooK 85 FacE'ts
easement, or a dedicated road that was grandfathered in, and only
20 feet exist.
Director Keating felt the idea of legal access is different in
different people's minds. Mr. Ketchum can have legal access for
his purposes through an easement agreement, but for the County to
recognize it as a legal access, it would have to be at least 60 -
feet wide and it would have to be platted.
Mrs. Danaca Perhax, owner of an adjoining 8 -acre parcel,
recalled that when she was going through the purchase of her
property, the bank told her she could not grant Mr. Ketchum an
easement because she would not be granted a mortgage. The bank
told the title company and they researched it extensively to make
sure there was no easement. According to her attorney and the
title company, giving Mr. Ketchum access is not an alternative.
Her house is set back quite a distance from the road, and if she
were to grant him access, he would have to drive right through her
front yard.
Mrs. Gloria Salo explained that her property meets Mr.
Ketchum's property at the end. She wished to point out that out of
the 5 owners having frontage, only the two main property owners
gave Mr. Ketchum access. The other three owners fought it, and she
pointed out that only the two property owners at the front gave him
access. The other three owners fought it because they did not want
Mr. Ketchum going through there. They went to an attorney, but it
was too expensive to fight him. Mr. Ketchum came through with a
tractor and tore down the fence and some hog pens.
Commissioner Wheeler asked who has control over the 60 -ft
easement through there, and Mrs. Salo advised that they have to
maintain the road themselves.
Mr. Ketchum stated that his road has been plated; it is in
the public plat book. The 4 acres does have 60 feet of frontage,
but Chairman Eggert pointed out that his property has no frontage
on a recognized road.
Director Boling felt that when Mr. Ketchum says platted, he
means that there are recorded documents in the record books.
However, nothing is on the plat books. He pointed out that this
situation with access is the very situation that the ordinance
regulation tries to avoid. What we are looking at this morning is
the result of an after -the -fact violation, and we are seeing some
of the problems that are associated with those situations.
Linda Lord Fisher advised that she lives across the street
from Mrs. Salo and wished to state.,:, that what Mrs. Salo has said is
absolutely true. Their property was all joined together, and Mr.
Ketchum knew he had no access. She has worked very hard to get
42
what she has and she doesn't want to lose it; she does not want to
see anyone coming down the road.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously denied the
variance request by Mr. Ketchum, and affirmed the
application of the County's dedicated (platted ) road
frontage requirements, as recommended by staff.
PUBLIC HEARING - GLENDALE TERRACE - 24TH AVENUE WATER SERVIC
PROJECT
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 newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a ZZ0141 l'rf'
el
In the matter of
---------------
in the ," , Court, was pub-
lished in said newspaper in the issues of /K g_ �/ /�3 .ZC) / 991
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida. each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for. publication in the said newspaper.
Sworn to and subscribed before met is .2-0-11/
d�a,youf A. D. 19
(SEAL)
Nolary Public. Stain of rirrida
My Commission Expires June 99, 1 M -+
E,W
Nonce
V
CWWftftMM ahellan
'W � A M on
ror specw
rd an Bre
morD F�j [.
'Ob
559152
i -
The Board reviewed the following memo dated 12/17/91:
DATE:
DECEMBER 17, 1991
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
PREPARED
AND STAFFED
MANAGEROFASS
JAMES D. CHASTA AySERVICES
SSOJECTS
BY:
DEPARTMENT OF
SUBJECT:
GLENDALE TERRACE - 24TH AVENUE WATER SERVICE PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -91 -24 -DS
PUBLIC HEARING, RESOLUTION NO. III
BACKGROUND
On December 3, 1991, the Indian River County Board of County
Commissioners approved Resolution I (91-180), which contained the
preliminary assessment roll describing the project and cost, and
Resolution II (91-181), setting the date of the public hearing for
the subject project. Property owners have been notified of the
public hearing by certified mail. Resolution 91-180 was published
in the Vero Beach PRESS JOURNAL on December 9, 1991. (See attached
agenda item and minutes of the above meeting.)
ANALYSIS
Design of the water distribution system is complete. Approval of
the attached Resolution III will confirm and approve the preliminary
assessment. The attached map displays the area to benefit from the
assessment project. The project will serve the 30 lots bordering on
24th Avenue on the north side of 8th Street. The petition for this
service was signed by owners of 20, or 670, of the lots.
All of the lots in this project are substandard or "undersized,"
according to Indian River County's Comprehensive Plan, and the
County Public Health Unit, Division of Environmental Health, which
require that new lots utilizing well and septic systems be a minimum
of 1/2 acre. If served by a public water system, the lot may be
reduced to 1/4 acre in size. Lots not meeting these minimum
standards are called "undersized lots."
The total estimated cost to be assessed is $29,241.00. The attached
map displays -the area to benefit from the assessment project.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
Chairman Eggert opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, she closed
the Public Hearing.
44
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 92-3, confirming the special assessments in
connection with water service to Glendale Terrace (24th
Avenue) and providing for special assessment liens to be
made of record.
RESOLUTION NO. 82--�
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN'
CONNECTION WITH WATER SERVICE TO GLENDALE
TERRACE (24TH AVENUE) AND PROVIDING FOR
SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 91-180, adopted December 3, 1991,
determined to make special assessments against certain properties in
Glendale Terrace (24th Avenue) to be serviced a water main extension
of the County; 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 on December 9, 1991, as
required by Section 11-52, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 91-181, on December 3, 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 11-53, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, December 13,
1991, and Friday, December 20, 1991 (twice one week apart; the last
being at least one week prior to the hearing) , as required by Section
11-52, Indian River County Code; and
45
JAN 07 1992
qac+�
JAW 07 1699
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 11-52, Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County on Tuesday, January 7, 1992, at 9:05 a.m. conducted the
public hearing with regard to the special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY +
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1 • 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.
2. 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 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 Carolyn K. Eggert
Vice Chairman Margaret C. Bowma Aye
Aye
Commissioner Richard N. BirdAye A y e
Commissioner Don C. Scurlock ,
Commissioner Gary C. Wheeler Aye
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 7th day of January, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A�S,�By .0 .
Jeffrey K. Ba n, Cle k Carol y K. E g g e r
C 'rman
ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
46
SPACE NEED STUDY MASTER PLAN
The Board reviewed the following memo dated 12/20/91:
TO: Board of County Commissioners DATE: December 30, 1991 FILE:
Space Need Study
SUBJECT: Master Plan
FRO James E. Chandler
County Administrator REFERENCES:
The revised VOA Space Need Study Master Plan Is nearing completion. In order
to allot sufficient time for presentation of the plan by the consultants, it is
requested the Board schedule an appropriate meeting date.
The Board scheduled the presentation of the Space Need Study
Master Plan for Wednesday, January 22, 1992, at 1:30 o'clock P.M.
SURPLUS BUILDINGS - HEALTH DEPT. - MAIN LIBRARY - BUDGET AMEND 008
The Board reviewed the following memo dated 12/10/91:
DATE: DECEMBER 10, 1991
.TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. .CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, CTMI
;h DEPARTMENT OF GENERAL SERVICES
SUBJECT: SURPLUS BUILDINGS
HEALTH DEPARTMENT - MAIN LIBRARY
..BUDGET AMENDMENT -.008
:BACKGROUND: - =
With vacating the subject two buildings, staff did a study to.
determine the feasibility of relocating our offices now in the 2001
Building into one of these locations. The attached chart is a
comparison of the estimated cost for renovation and annual operating
expenses on each location including expenses associated __.with
remaining in the 2001 Building. The anticipated cost are itemized
for each year through 1996. In looking at just the dollars.,: it
'appears the most economical choice would be to stay in the- 2001
`.Building. However, •we have evaluated the situation from every'- angle
in a effort to determine which would be in the best interest for the
`County• : �,.:..:. 47
Ei)CiK � � r AGE: ►�J1.�'
JAN V92
r f�
JAM 0, _9
jIt is:�.anticipated that the new space needs study will recommend
moving 2001 Building personnel temporarily into one of the. old
-buildings until a new administration building is constructed. ,*'..It
will not recommend exactly which of the buildings but indicates ---the
.Health Building is a marketable product.
`In an effort to determine if the old -Library Building was marketable,-
it was advertised for sale or lease. Although, we had some .inquires
prior to.advertisement, no response was•received on the opening date..
Ed Schlitt has offered to continue our lease in the 2001 Building
without increase in rent for three years. One of the problems with
this arrangement is not knowing exactly how long this space•will be
needed. If monies are not available for a new Administration
Building, it is -possible, we could go beyond 1997 as indicated in the
attached chart. A prolong length of time would increase the cost of
occupancy beyond that of renovating our own facility and we would not
have a significant return on our investment.
Exact cost of renovating the Health Building is hard to determine.
This is a specialty building and converting it to office space will
be labor intensive and costly due to the design that includes small
rooms with special plumbing. We have already had two inquires on
possible lease and/or sale of this property. Both parties were
interested in the structure as is. Should we convert the building to
office space. I feel these two parties would no longer be interested.
The property is marketable as it now stands.
ANALYSIS:
Renovation of the Library Building would not only accomplish the need
for office space but we could convert some of the extra space to file
storage which is in high demand by other departments 'within the
County. If a new Administration Building was not available for a
Prolonged length of time our investment would have a greater return.
Renovation -will not .significantly change the use of that building
-which would not -decrease the market value. If anything, the market
..value _should increase.
`.i-: `RECOMIN EMATIONS : _
ori'•;:::;, Staff recommends Board approval to proceed with renovation of the
Library Building and requests funding of $179,500.00 .to include
renovation cost, operational cost and rent on the 2001 Building untlk-
- move in date. Attached is the Budget Amendment memorandum.
48
- M
BUILDING OCCUPANCY COST
HEALTH BUILDING 1992 1993 1994 1995 1996 1997
Renovation Cost $155,750 $ N/A $ N/A $ N/A $ N/A $ N/A
;Operational Cost 23.004 23,694 _24,405 25,137 25,891 26,668
..Total Annual 178,754 23,694 24,405 25,137 25,891 26.,668
Notal Accumulative 178,754 202,448 226,853 251,990 277,881 304,549
:LIBRARY BUILDING
Renovation Cost $151,550 $ N/A $•' N/A $ N/A $ N/A $ N/A
.Operational Cost 31,590 32,538 33,514 34,520 _35,555 36,622
'.'.'Total Annual :183,140 32,538 33,514 34,520 35,55536,622
Total Accumulative 183,140 215,678 249,192 283,712 319,267 355.1889
.'*2001 BUILDING
5. 't •'^*' {J '.'i: '• i\4 h:'. i. •^'•�. A'. �•Kra. .I I°'T.••!C.; r'..7 • � �•..:
%Operational•'Cost,.': $ 13,554- $13,961 $14,379.$144,811 $15,255 $151,713
'Lease 32,952 32,952 32,952 •34,600 36,33038,147
:Total Annual 46,506 46,913 478331 .49,411/•51,585 53,860
.Total Accumulative '•..460506 . 93,419 140,750.190.,161 2418746 2951606
.:,...... - ...
49
AN 0 7 1992
JAM 0`(
BOOK '
Commissioner Eggert's main concern in this is that when the
City gave the old library to the County, attached to it was the
ability to sell it and bring funds into the library, and she wanted
very much to see that asset protected. She asked if we still had
people interested in purchasing the Health Building.
General Services Director Sonny Dean advised that we have one
written request to be considered for the sale of the Health
Department and another party has called and is submitting a written
request.
Commissioner Bird felt we should hold on to the Health
Building because it is in a good location,.has good parking, and it
is something we can lease.
Commissioner Scurlock noted that in considering the revised
Space Need Study Master Plan on January 22, some of the concern is
going to be the cash flow going into the construction of the court
facility. According to these figures, it would be more cost
effective on a 5-6 year basis to rent space in the 2001 Building
until such time that we can construct and occupy a new
administration building.
Commissioner Wheeler doubted that the new administration
building would be built in 5 years, and Commissioner Bird agreed.
Commissioner Scurlock felt that unless we have someone who
wanted to occupy this building, what you see is what you get. He
has been pretty darn comfortable in the ten years we have occupied
this building, but now everybody is uncomfortable with the space
they have. Until the economy gets a lot better, this building is
like the Taj Mahal.
Chairman Eggert still would like to see us sell the old
library because the monies received from the sale would benefit the
new library. However, if we are going to keep it for awhile, she
wanted to see it well taken care of, and everyone agreed.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Bird, that the Board approve staff's
recommendation to proceed with renovation of the Library
Building and approved Budget Amendment 008 in the amount
of $179,500 for renovation cost, operational cost and
rent on the 2001 Building until move in date.
Under discussion, Commissioner Scurlock asked if we have
enough parking space at the old library to accommodate what we plan
to do over there, and Director Dean confirmed that there is
adequate parking space for what is proposed.
50
Administrator Chandler advised that the $151,550 renovation
cost would come from general fund contingencies.
Commissioner Scurlock understood then that if we were to sell
the old library at some time in the future, the County
Administrator would not expect the renovation costs to be paid back
into the general fund contingencies, and that there would be no
lease program as long as we are occupying the building.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously.
T0: ,Members of the Board SUBJECT: 3UDGET AMENDMENT
of County Commissioners
NUMBER: 008
FROM: Joseph A. Baird
OMB Director
DATE: December 11. 1991
Entry
Number!
Funds/DepartmentjAccount Name 1 Account Number
Increase ; Decrease
1.
=GENERAL FUND
.Reserve for Contingency 1001-199-586-099.9115
O;S 179.500
,EXPENSE
'Construction
in Progress X001-220-519-066.51l1S
179.500+5_ 0
AGREEMENT FOR MEDICAL SERVICES: WORKERS' COMPENSATION
The Board reviewed the following memo dated 12/16/91:
TO: James E. Chandler, County Administ ator
THRU: Jack Price, Personnel Director ��
FROM: Beth Jordan, Risk Manager (Levi
' DATE: 16 December 1991
SUBJECT: Agreement for Medical Services; Workers' Compensation
Several months ago, the County issued a Request for Proposals for
.____.__._ the provision of workers' compensation medical services for
51
cNr
JAN W7 19921
JAN 07
I
employees who sustain job-related injuries or illnesses. After a
lengthy process of review and negotiation, staff now recommends
Board consideration at its January 7, 1992, meeting of the
agreement with Gold, Vann & White, P.A., known as Doctors, Clinic.
Thirteen medical providers were invited to submit proposals and two
responded. A staff committee made up of Risk Management and major
department workers' compensation users visited the sites,
interviewed the proposers, and made a recommendation to negotiate
with Doctors, Clinic based upon available services, medical
specialties, accessibility and past performance.
Through the agreement, the County and Doctors' Clinic will
formalize a long-standing informal arrangement through which
injured employees will be sent to the Clinic for all but life-
threatening situations. Because of diverse locations and extended
hours, the Clinic will be accessible for most employees' needs.
Fees are based upon the Florida Department of Labor & Employment
Security's fee schedule for workers' compensation.
Staff recommends approval of this agreement.
ON MOTION by Commissioner Bird, SECONDED by Commissioner
Wheeler, the Board unanimously approved the Agreement for
Medical Services with Gold, Vann, & White, P.A., as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WIDENING OF 90TH AVENUE SOUTH OF SR -60 NEAR UNION 76 TRUCK STOP
The Board reviewed the following memo dated 12/26/91:
TO: James Chandler
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Widening of 90th Avenue South of State Road 60 near Union
76 Truck Stop
DATE: December 26, 1991
DESCRIPTION AND CONDITIONS
During the past year, the Florida Department of Transportation,
Union 76 Truck Stop located at the southeast corner of 90th Avenue
and State Road 60, and Indian River County have been cooperatively
designing a roadway widening project along 90th Avenue, south of
State Road 60 near the Union 76 Truck Stop.
52
Since 1987, the County Transportation Planning Committee has
concluded that the volume of heavy truck traffic in this area
warrants additional roadway laneage and channelization to improve
the safety of the area. The Florida Department of Transportation
has agreed to fund a portion of a four lane road widening project
along 90th Avenue to be included in the State Road 60 median
revisions project. The Union 76 Truck Stop has agreed to donate 30
feet of additional right-of-way along 90th Avenue to accommodate
the road widening and also contribute engineering design. The
County has budgeted $265,000 from the District 8 Road Impact Fee
Fund during Fiscal Year 91/92 for widening the remaining portion of
90th Avenue South of the Department of Transportation's project.
All work will be included in the Department of Transportation's
State Road 60 Median Revision project scheduled for bidding in mid
1992. Since the Department of Transportation is administrating the
project, the attached standard Joint Project Agreement and Project
Resolution has been prepared by the Department of Transportation
for the County's approval and signature by the Chairman.
ALTERNATIVES AND ANALYSIS
The attached Joint Project Agreement obligates the county to the
following in regards to the 90th Avenue widening improvement:
1) Funding in the amount of $238,360.00 plus $23,836.00
contingency to widen 1,700 linear feet of 90th Avenue. Any
funds not used will be refunded to the county.
2) The County will provide construction plans which have been
completed by McQueen and Associates, Consulting Engineers, and
funded by Union 76 Truck Stop.
3) The County is responsible for any environmental remediation
that is -required. At this time, none is foreseen.
4) If the project bids are 7% over the construction cost
estimate, then the County would deposit this amount
($16,685.20) with the Department of Transportation and the
project would proceed. If bids exceed 7% of the estimate, the
County and Department of Transportation will meet to develop
a recommendation.
The implementation of the Joint Project will result in a
substantial cost savings to the County.
The alternatives presented are as follows:
Alternative No. i
Approve the Joint Project Agreement and accompanying resolution.
The County would immediately transmit $262,196.00 to the State.
This amount is within the County's $265,000 budgeted amount from
Road Impact Fee District 8.
Alternative No. 2
Not approve the agreement and the County would administer a
separate contract. This would be more costly.
RECOMMENDATION AND FUNDING
Staff recommends alternative No. 1 whereby the attached Joint
Project Agreement and Resolution be approved. Funding to be from
District 8 Road Impact Fees, and Secondary Road Trust Fund.
53
RUOK � � Fa GC.
JAN 07 19,92-
310:.
ROOK F.
Ali
Y
ON NOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
staff Is recommendation of Alternative #1 and adopted
Resolution 92-4, authorizing the Chairman to execute a
Joint Participation Agreement with the Florida Department
of Transportation for the widening of 90th Avenue south
of State Road 60.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
RESOLUTION NO. 92- , 4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA AUTHORIZING THE CHAIRMAN TO
EXECUTE A JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT' OF
TRANSPORTATION FOR THE WIDENING OF 90TH
AVENUE SOUTH OF STATE ROAD 60.
WHEREAS, the Florida Department of Transportation
(DEPARTMENT) and the COUNTY are intending to make certain
improvements of SR 60 and 90th Avenue, including the roadway
approaches; and
WHEREAS, the COUNTY has prepared plans for the portion of
the PROJECT under its jurisdiction, and the DEPARTMENT has also
prepared plans for the portion of the PROJECT under its jurisdiction;
and
WHEREAS, the joint construction and completion of the PROJECT
are in the -interest of both the DEPARTMENT and the COUNTY; and
WHEREAS, the DEPARTMENT and the COUNTY are desirous of
having the DEPARTMENT construct the entire PROJECT,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD -OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
0
54
L
1. The Chairman of the Board of County Commissioners of
Indian River County, Florida is hereby authorized to execute on
behalf of said Board a "State of Florida Department of Transportation
Division of Planning and Programs Joint Participation Agreement" in
essentially the same form as submitted with the accompanying agenda
item, and such other documents as may be necessary to fulfill the
stated objectives.
The resolution was moved to adoption by Commissioner
Wheel e r and the motion was seconded by Commissioner
Scurlock , and?, upon being put to a vote, the vote was as
follows: -
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, J r . Aye
Commissioner Gary C. Wheeler' A y e
The Chairman thereupon declared the resolution duly passed and
adopted this 7 day of Januar 1992.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
By
Jeffrey K. Barton Clerk C a r o l y K. E g g e
J#A C', Chairma
TREASURE SHORES PARK LAND MANAGEMENT PLAN - SOUTHEASTERN BEACH
MOUSE SURVEY
The Board reviewed the following memo dated 12/27/91:
55
JAN 07�
{.
t -
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: Treasure Shores Park Land Management Plan
Southeastern Beach Mouse Survey
DATE: December 27, 1991
DESCRIPTION AND CONDITIONS
The Treasure Shores Park Land Management Plan must be approved by
the Land Management Advisory Committee (LMAC) before the tracts of
land the county ..sub -leases from the State of Florida can be
developed or physically altered in any way. The Treasure Shores
Park Land Management Plan was favorably reviewed by LMAC at their
April 19, 1991 staff meeting. The Plan did not receive final
approval at the LMAC council meeting on April 25, 1991 because the
Fish and Wildlife Service felt that the trapping that was done on
site was not adequate to determine the presence of the Southeastern
Beach Mouse (Peromyscus Polionotus Niveiventris).
Attached is a proposal from Dr. Stephen R. Humphrey to perform a
survey to determine the presence, numbers and locations of the
Southeastern Beach Mouse on the Treasure Shores Park Site. Dr.
Humphrey was recommended by the Florida Department of Natural
Resources, United States Fish and Wildlife Service and the Florida
Game and Fresh Water Fish Commission. All three of these agencies
have reviewed and approved the proposed survey.
RECOMMENDATION AND FUNDING
Staff•recommends that the Board authorize the Chairman to execute
the attached Agreement. Funding is from Account No. 001-210-572-
033.13.
Chairman Eggert asked why this wasn't done during the original
count, and Public Works Director Jim Davis explained that the Land
Management Advisory Committee did not give final approval to the
plan because the Fish & Wildlife Service felt that the trapping
that was done on the site was not adequate to determine the
presence of the Southeastern Beach Mouse.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously authorized
a Survey of the Southeastern Beach Mouse at Treasure
Shores Park by Stephen R. Humphrey in the amount of
$3,525.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
56
M
FBIP GRANT AGREEMENT FOR ROUND ISLAND PARR IMPROVEMENTS
The Board reviewed the following memo dated 12/30/91:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E., _V -
Public
Works Director
FROM: Terry B. Thompson, P.E.PIT61
Capital Projects Manager
SUBJECT: Resolution Authorizing the Execution°of the FBIP
GRANT AGREEMENT for Round Island Park Improvements
DATE: December 30, 1991 FILE:A:rip-fbip.agn
DESCRIPTION AND CONDITIONS
The Florida Department of Natural Resources has requested
that the County accept a $150,000 Florida Boating
Improvement.Program (FBIP) grant for Round Island Park river
access improvements. Scheduled improvements include
construction of paved access road, parking, restroom
building, additional boat ramp, and waterfront boardwalk
with fishing docks.
The attached resolution authorizes acceptance of the grant
and grant conditions; and execution of the FBIP Project
Agreement.
RECOMMENDATIONS AND -FUNDING
Staff recommends that the Chairman be authorized to execute
the attached resolution and the attached FBIP Project
Agreement.
The '$150,000 FBIP funds will be used to match $130,000
Waterways Assistance Project grant that the County accepted
from the Florida Inland Navigation District (FIND) for Round
Island Park Improvements.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-51 approving the acceptance and execution
y of FBIP Development Project Grant Agreement for
improvements at Round Island Park (Contract C-7483).
COPY OF PARTIALLY EXECUTED GRANT AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
57
JAN 0 u�GPy
� F',i,,E
RESOLUTION NO. 92-5
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
APPROVING THE ACCEPTANCE AND EXECUTION OF' -
FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP)
DEVELOPMENT PROJECT GRANT AGREEMENT
FOR FBIP PROJECT NO. B91053
WHEREAS, the Board of County Commissioners of Indian River
County, Florida accepts the conditions of the FBIP Development
Project Grant Agreement and enters into Contract No. C-7483 with
the Florida Department of Natural Resources for Round Island Park
Improvements.
WHEREAS, the total project cost will be greater than
$280,000 to be comprised of $150,000 to be contributed by The
Department of Natural Resources Florida Boating Improvement
Program (FBIP) and a minimum of $130,000 to be contributed by the
Florida Inland Navigation District; and
WHEREAS, said Board of County Commissioners of Indian River
County, Florida, does retain jurisdictional control, and maintain
said park and facilities; and
WHEREAS, Indian River County agrees that when completed, the
project site shall be dedicated for the public use for a minimum
period of twenty-five (25) years.
WHEREAS, continued maintenance of proposed improvements to
this public park facility will be in the interest of all the
citizens of Indian River County;
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, that this official document
does hereby certify the Board of County Commissioners' intent to
accept the conditions of and enter -into Contract No. C-7483 to
which this Resolution will be attached;
The foregoing resolution was offered by Commissioner Wheeler
and seconded by Commissioner Bowman and, being put to
a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
P
Commissioner Gary C. Wheeler Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr -Aye
58
C
Resol. 92-5
The Chairman thereupon declared the resolution duly passed
and adopted this 7 day of January 1992.
INDIAN RIVER COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
Carolyn . Eggert, rman
ATTEST:
r1�
Je fray Kr1� , Clek� C .
LIndian River ColApprovedl Date
Admin. V 1143J Q
Legal
Budget 6l rZ
Pub.Wk. it ii 1
j Eng•
IRisk Mgr.
Before me appeared Carolyn K. Eggert, as Chairman of the
Board of County Commission and Jeffrey K. Barton as Clerk of
Circuit Court to me well known and known to me to be the persons
described in and who executed the foregoing instrument and they
acknowledged before me they were same.
Witness my hand and official seal this AML day of
1992.
��M
v dic
Notary Public
SEAL PATMCIA BARGO HELP
Ndaq PubBc, State of Rotch
My comm. expkes August 28,1993
No. AA 895578
596
MISCELLANEOUS INTERSECTIONS - PROFESSIONAL SERVICES AGREEMENT WITH
KIMBALL. LLOYD & ASSOCIATES INC.
The Board reviewed the following memo dated 12/6/91:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.
County Engineer
DATE: December 6, 1991
SUBJECT: Kimball, Lloyd & Associates, Inc.
Miscellaneous Intersections
Professional Services Agreement
DESCRIPTION AND CONDITIONS
Lloyd and Associates is under contract to perform professional
services which include the design of improvements and signalization
for the Phase III -B intersections along 43rd Avenue. These three
intersections are 12th Street and 43rd Avenue, 26th Street and 43rd
Avenue, and 41st Street and 43rd Avenue. They have completed
design of two of the three intersections. 41st and 43rd Avenues
must have additional right-of-way acquisition and additional work.
The Board previously authorized amendment #1 to this contract at
its November 7, 1989 meeting to extend the left turn lane at 41st
Street and 43rd Avenue on the eastern approach to the driveway of
the Sheriff's complex. That addition of $2,267.50 resulted in a
new lump some fee of $77,758.50 for this project. Amendment #2
extended the improvements .to the UPS facility improvements on the
western approach so a bottleneck was not created. The third
amendment extends this project further to the west to incorporate
the Road and Bridge and Animal Control drives at a cost of
$3,460.00. The new project lump -sum fee is $82,258.50.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative #1 - Approve the amendment to expand the scope of work
and provide -for the additional work.
Alternative #2 - Deny the request and continue with the plans as
currently contemplated.
RECOMMENDATIONS AND FUNDING
Alternative #1 is recommended such that Amendment #3 to the Lloyd
and Associates professional services contract is approved and the
chairman is authorized to sign the amendment. Funding will come
from Account # 105-214 Gifford road improvement fund. The new
contract amount will be $82,258.50.
60
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
Alternative #1 to approve the third amendment to the
agreement with Kimball, Lloyd & Assoc. to expand the
scope of work and provide for the additional work. as set
out in the above staff recommendation.
THIRD AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR
PHASE III MISCELLANEOUS INTERSECTION IMPROVEMENTS IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WASTEWATER TREATMENT PLANT REFURBISHMENT (VISTA GARDENS) - FINAL
PAY REQUEST
The Board reviewed the following memo dated 12/26/91:
DATE: DECEMBER 26, 1991
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL Y SERVICES
PREPARED 0
AND STAFFED 4104tBY : NOEL J i&&/N44-14L—
ENVIRONMENTAL
& NENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: WASTEWATER TREATMENT PLANT REFURBISHMENT
FINAL PAY REQUEST
IRC PROJECT NO. US -91 -19 -DS
BACKGROUND
The Indian River County Board of County Commissioners approved, on
September 24, 1991, the award of the contract for the wastewater
treatment plant refurbishment to Southland Painting Corporation (see
attached agenda item). The project is now complete.
ANALYSIS
Attached is the final pay request in the amount of $2,268.00. Also
attached is a pay request for the total of the retainage, in the
amount of $5,038.00 (see attached Invoice Nos. 1019 and 1020).
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached final pay request
and pay request for retainage, and authorize the Chairman of the
Board of County Commissioners to sign both items.
61
JAN 0 7 1992 11.E "U, --oI
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously approved
Southland Painting Corp.'s final pay request in the
amount of $2,268 and request for payment of retainage in
the amount of $5,038, as requested by staff.
INVOICES #1019 AND #1020 ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
SETTLEMENT AGREEMENT - INDIAN RIVER COUNTY vs. HUBBARD
The Board reviewed the following memo dated 12/30/91:
TO: The Board of County Commissioners
FROM: v-) William G. Collins II - Deputy County Attorney
DATE: December 30, 1991
SUBJECT: Indian River County vs. Hubbard - Settlement Agreement
Indian River County will acquire title to the Hubbard property, the last
remaining piece of the downtown courthouse site, on January 2, 1992 by
depositing $240,000.00 into the Registry of the Court as a good faith
estimate of value. This deposit was ordered by the Court in an Order of
Taking dated December 19, 1991.
In the Answer to our Petition in Eminent Domain, the Hubbards have claimed
business damages, lost rental income, and the value of certain trade fixtures
and personal property within the building. While we are hopeful of
prevailing on these issues, should a jury verdict come in in excess of
$300,000.00, the County would also be responsible for payment of the
Hubbards' attorney's fees which he has estimated at up to $75,000.00. A
jury trial would also oblige the County to incur costs in the tens of
thousands of dollars for appraisal updates, appraiser's expert testimony,
video tapes of the property inside and outside (since the property will be
demolished before trial), etc.
The Hubbards and their attorney have had an independent appraiser value
their property. Based on the uncertainties and risks to each side, they now
propose to settle the case for the amount of the County's last offer of
$312,500.00, plus $5,000-00 for attorney's fees and appraiser expenses
already incurred.
RECOMMENDATION:
Approve the attached Stipulated Settlement Agreement in the amount of
$317,500.00 as full and final settlement of all claims, fees and costs in this
case.
62
s � �
,c
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously approved
the Stipulated Settlement Agreement in the amount of
$317,500 as full and final settlement of all claims, fees
and costs in the case of IRC vs. Hubbard, as recommended
by Deputy County Attorney Collins.
COPY OF STIPULATED SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
COMMITTEE APPOINTMENTS/REAPPOINTMENTS
The Board reviewed a listing of term expirations -for -members
of all committees, and Chairman Eggert stated that she would like
to fill two vacancies on the Affordable Housing Advisory Committee
with Lynette Bell and Carl Stratton. She further noted that the
Housing Finance Authority will be reorganized and restaffed at a
later date. She advised that Jean Mitsakos will be replacing Rod
Paradise on the Economic Development Council, Claudia McNulty will
be replacing Sue Dugan on the Children's Advisory Committee, and
Steve Holmes is still the IRMH representative on the Primary
Care/Public Health Dept. Bldg. Committee.
Commissioner Scurlock wished to point out that the North
County Fire Advisory Board and the South County Fire Advisory Board
will be abolished October 1, 1992.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously approved the
following appointments and reappointments to the various
committees of the Board of County Commissioners.
Affordable Housing Advisory Committee
Lynette Bell to fill vacancy
Carl Stratton to fill vacancy
Board of Trustees of Law Library - (2 -year term)
Carolyn K. Eggert, new term expiring January, 1994
Board of Zoning Adjustment (2 -year terms)
For new terms expiring January, 1994;
John A. Kirchner (Dist. 2)
Ralph J. Lindsey (Dist. 4)
Dorothy Hudson (Dist. 5)
63
JAN 07 1992 Mor.
r
�
� N
VT
i
Building Code Board of Adjustments - (4 -year terms)
For new terms expiring January, 1996:
Dean Luethje
Peter Robinson
Children's Services Advisory Committee - (2 -year terms)
Claudia McNulty (replacing Sue Dugan) whose term
expires November, 1992.
Economic Development Council
Bd. of Realtors - Jean Misakos (replacing Rod Paradise)
Economic Onnortunities Council (1 -year terms)
For new terms expiring January, 1993:
Henry Jefferson
Ann Reuter
Finance Advisory Committee - (2 -year terms)
For new terms expiring January, 1994:
Don C. Scurlock, Jr.
Vacancy
John Morrison
Robert Heald
IRC Council on Aging - (1 -year term)
Margaret C. Bowman, new term expiring January, 1993
Land Acquisition Advisory Committee - (2 -year terms)
For new terms expiring January, 1994:
Jay Smith
Joseph Brooks
Ernest Polverari
Claude Kleckner
Herndon Williams
Robert Schoen
John Morrison
Liaison between County and Emergency Management - (1 yr. term)
Carolyn K. Eggert, new term expiring January, 1993
Local Energy Management - (i -year term
Doug Wright, new term expiring January, 1993
64
L- J
North County Fire District - (1 -year term)
Gary C. Wheeler, Chairman, new term expiring January, 1993
Richard N. Bird, Vice Chair., new term expiring January, 1993
Overall Extension Committee - (2 -year terms
For new terms expiring January, 1994:
Lu Cosner (Dist. 1)
Cathy Rovella (Dist. 4)
Hildie Tripson (Dist. 5)
Parks & Recreation Committee - (1 -year terms)
For new terms expiring January, 1994:
Richard N. Bird Carl Pease
Leroy Hiers George Schum
John McDonald Annie Grace Foster
Dale Klaus
Primary CarejPublic Health Dept. Bldg. Committee
Steve Holmes, IRMH representative
Public Library Advisory Board - (4 -year terms)
For new terms expiring January, 1996:
Carolyn K. Eggert
Sam Pascal
Peg Rondeau
Philip Mank, Jr.
Regional Energy Management - (1 -year term)
Doug Wright, new term expiring January, 1993
Solid Waste Disposal District
Don C. Scurlock, Jr., Chairman
Gary C. Wheeler, Vice Chairman
South County Fire District
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Transportation Disadvantaged Local Coordinating Board l3 year
terms
For new terms expiring January, 1995:
Margaret C. Bowman (Chairman)
Cookie Geyer
Pearl Jackson
Vacancy
JAN -d
65
Vero Beach Recreation Committee - (2 -year terms,
Richard N. Bird, new term expiring January, 1994
COMMITTEE APPOINTMENTS EXPIRING THROUGHOUT THE YEAR
The Board reviewed the following memo dated 12/3/91:
TO:
FROM:
M E M O R A N D U M
Board of County
Commissioners
Alice E. White
Executive Secretary
December 3, 1991
RE: Committee Appointments
Expiring Throughout
the Year
Many years ago the County Commission voted to move all County
committee appointments to January rather than have them expire at
different times throughout the year. In the past several years,
the new committees that were formed have been set up to expire
throughout the year.
I respectfully request that the following committee expirations
be moved ahead to January:
COMMITTEES
CURRENT EXPIRATION
NEW EXPIRATION
Childrens Services
March 1992
January 1993
Advisory Committee
March 1993
January 1994
Carolyn Eggert
November 1992
January 1993
Judge Joe Wild
November 1992
January 1993
Claudia McNulty
November 1992
January 1993
Wayne McDonough
November 1992
January 1993
Pat Callahan
November 1992
January 1993
Joyce Johnston
November 1992
January 1993
Rev. Henry Holmes
November 1993
January 1994
Patty Hinton
November 1993
January 1994
Marcy Purdy
November 1993
January 1994
Judie Starrett
November 1993
January 1994
Anthony Donadio
November 1993
January 1994
Code Enforcement Bd.
Ralph Simeone
March 1992
January 1993
Karl Zimmerman
March 1992
January 1993
David Haeseler
March 1993
January 1994
Robert Reid
March 1993
January 1994
Anthony Gervasio
March 1993
January 1994
John Owens
March 1994
January 1995
Joseph Garone
March 1994
January 1995
Emergency Services
District Advisory
Committee
All positions
August 1995
January 1996
66
Housing Finance
CURRENT EXPIRATION
NEW EXPIRATION
Authority -
Vacancy
Howard Dirks
February 1992
February 1993
January 1993
Howard Putnam
February 1994
January 1994
January 1995
Vacancy
February 1995
January 1996
Professional Services
December 1992
January 1993
Advisory Committee
December 1993
January 1994
Ted Myers
J. Thomas Gillette
October 1992
October 1992
January 1993
Fred Banfield
October 1992
January 1993
January 1993
Robert Gaskill
Peter Robinson
October 1992
October 1993
January 1993
Todd Smith
Warren Dill
October 1993
January 1994
January 1994
James Beindorf
October 1993
October 1993
January 1994
David Risinger
October 1993
January 1994
Alcohol, Drug Abuse,
and Mental Health; Treasure Coast Health
January 1994
COMMITTEES
CURRENT EXPIRATION
NEW EXPIRATION
Tourist Development
Council
Sam Pascal
December 1992
January 1993
Paul Kelley
December 1992
January 1993
Richard Bireley
December 1992
January 1993
R. M. Tenbus
December 1993
January 1994
Gary C. Wheeler
December 1994
January 1995
George Bunnell
December 1994
January 1995
Kevin Doty
December 1994
January 1995
Kevin Crowe
December 1994
January 1995
John Morrison
December 1994
January 1995
If you approve the new expiration dates, the
only committees due
for reappointment during the year will be State committees; i.e.,
Alcohol, Drug Abuse,
and Mental Health; Treasure Coast Health
Council; and Treasure
Coast Regional Planning
Council.
It is also requested
that any future County
committees that are
formed be set up to expire in January.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
approved moving forward to January the expiration dates
of the committees listed above, as recommended by Alice
White.
MEETING OF THE SOLID WASTE DISPOSAL DISTRICT
Chairman Eggert 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.
67
JAN 07 l
JAW 0`1 M'i
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:49 o'clock A.M.
ATTEST:
J ffrR. Barton, Clerk
68
Carogn K. E , Chairman