HomeMy WebLinkAbout2/25/1992BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, FEBRUARY 25, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Richard N. Bird
Don C. Scurlock, Jr.
Gary C. Wheeler
9:00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles
P.
Vitunac, County
Attorney
Jeffrey
K.
Barton, Clerk to
the Board
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - James E. Chandler, Co. Admin.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Co. Atty Chas. Vitunac req. addn of discussion of lawsuit filed by
Prince Constr. Co., as Item 12.C.
2. Co. Adm. Chandler req. addn of Item 10 regarding a tree planting grant.
5. PROCLAMATION AND PRESENTATIONS
Adoption and presentation of Proclamation Designating
March 3, 1992 as Citrus Elem. Community March for Fitness
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Release of Utility Liens
( memorandum dated February 14, 1992 )
B. Misc. Budget Amendment 017
( memorandum dated February 18, 1992 )
C. Unemployment Compensation Budget Amendment 016
( memorandum dated February 14, 1992 )
D. I.R.C. Courthouse Project, Asbestos Abatement
Contract - Change Order No. 2
( memorandum dated February 17, 1992 )
E. Release of Lien Request By: John 8 Sonia Kim, Res.
#90-17, Public Nuisance Abatement, Vero Shores S/D,
_Unit No. 1, Lot 15, Block 9
( memorandum dated January 15, 1992 )
F. Final Plat Approval for Misty Meadow S/D `
( memorandum dated February 17, 1992 )
EO�K FADE
r- -1
FE® 1
7. CONSENT AGENDA (cont'd. ):
G. IRC Bid #92-71 / Air Compressor - Util. Dept.
( memorandum dated February 17, 1992 )
H. Risk Management Consultant Agreement
( memorandum dated February 13, 1992 )
I. Flood Insurance Renewal
( memorandum dated February 13, 1992 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Frank Zorc Request to Speak Regarding New Courthouse
( letter dated February 19, 1992 )
B. PUBLIC HEARINGS
I. St. John's Water Control District (SJWCD) Request
for Special Exception Use and Site Plan Approval
for an Airstrip
(Memorandum dated February 10, 1992
2. Public Hearing for the Paving 8 Drainage Improve-
ments to:
1) 11th St. S.W., 11th PI. S.W., and Madrid
Ave. in Granada Gardens S/D
2) 83rd PI., 84th St. E Tropical Ave. in Graves
Addition to Wabasso S/D
( memorandum dated February 13, 1992 )
3. Public Hearing for Paving E Drainage Improvements
to a Portion of the Roads in Floral Park S/D and
Ranch estates Subdivision
( memorandum dated February 18, 1992 )
4. Resolution III - Florldacres / 36th Avenue
Water Service Project
( memorandum dated February 11, 1992 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. -EMERGENCY SERVICES
None
� � r
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES
1. Asbestos Abatement - Old Library Building
( memorandum dated February 17, 1992 )
2. Old Health Dept. Building
( memorandum dated February 17, 1992 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. 1992 Road Resurfacing Program
( memorandum dated February 17, 1992 )
2. Final Payment for Professional services
Treasure Shores Park - Work Order No. 2
(memorandum dated February 17, 1992)
3. As -Built Resolution E Assessment Roll for Paving
and Drainage Improvements to:
1st Place between 27th Ave. and 24th Ave.
( memorandum dated February 18, 1992) -
H. UTILITIES
1. Engineering Firm Selection - Engineering Study
and Design of the Most Cost Effective Utiliza-
tion of a West Regional Site for an Effluent
Disposal System
( memorandum dated February 12, 1992 )
2. Water Main Replacement - Rockridge - Work
Authorization No. 3, Change Order No. 1
( memorandum dated February 14, 1992 )
12. COUNTY ATTORNEY
A. R.O.W. Purchase - King's Highway North of S.R. 6C
( memorandum dated February 17, 1992 )
B. Contract for Special Appointed Public Defender in
Non -Capital Felony, Misdemeanor, Juvenile, Mental
Health, and Other Cases Where the County is Statu-
torily Required to Provide for Court -Appointed Counse'
( memorandum dated January 30, , 1992 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
FEB 5199 �ooK r ,.�c 61,
FEB 25 1992
13. COMMISSIONERS ITEMS (contd.):
B. VICE CHAIRMAN MARGARET C. BOWMAN
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK, JR.
E. COMMISSIONER GARY C. WHEELER
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
None
1S. ADJOURNMENT
BOOK
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.
L.
Tuesday, February 25, 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, February 25,
1992, at 9:00 o"clock A. M. Present were Carolyn R. Eggert,
Chairman; Margaret C. Bowman; Vice Chairman, Richard N. Bird, Gary
C. Wheeler, and Don C. Scurlock, Jr. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
James E. Chandler, County Administrator, led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
County Attorney Charles Vitunac requested the addition of
discussion of a lawsuit filed by Prince Construction Company as
Item 12,C.
Commissioner Scurlock announced that his attorney would be
present for that discussion.
County Administrator James Chandler requested the addition of
Item 10 regarding a tree planting grant.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously added the
above items to the Agenda.
PROCLAMATION
Chairman Eggert read aloud the following Proclamation
designating March 3, 1992 as Citrus Elementary Community March for
Fitness:
FEB 25 1992
FEE 25 '19971
BOOK
u
PROCLAMATION
DESIGNATING MARCH 3, 1992 AS
CITRUS ELEMENTARY COMMUNITY MARCH FOR FITNESS
WHEREAS, National Fitness Month will be celebrated In March
of this year; and
WHEREAS, the health and fitness of the residents of our
community are qualities that permeate and effect every other
aspect of our daily business, most importantly attitude and self
esteem; and
WHEREAS, health and fitness are habits that are taught to
our children at the elementary school level; and
WHEREAS, the Citrus Elementary School will be the site of a
community celebration on Tuesday, March 3, 1992 commencing at
9:00 a.m. with opening ceremonies; and
WHEREAS, an organized walk is scheduled to begin at 9:30
a.m. where participants of all ages will be invited and
encouraged to "MARCH FOR FITNESS" on a personalized route from
one quarter mile to two miles long in front of the school; and
WHEREAS, the evening festivities will include displays by
each grade level at Citrus Elementary School to demonstrate the
fun and diverse activities used by the school system to promote
fitness:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March 3, 1992
be designated as
CITRUS ELEMENTARY COMMUNITY MARCH FOR FITNESS
and the Board further u.rges the citizens o f Indian Ri ver County
to participate with, and support Citrus Elementary School in this
worthwhile endeavor.
Adopted this 25 day of February, 1992.
2
BOARD OF COUNTY COh1MISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AarroY T59eF__ haiiman`-
Fran -Adams, Principal at Citrus Elementary School, accepted
the Proclamation and invited the Board and members of the community
to walk with them.
CONSENT AGENDA
A. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated
February 14, 1992:
TO: Board of County Commissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: February 14, 1992
RE: CONSENT AGENDA - B.C.C. MEETING 2/25/92
RELEASE OF UTILITY LIENS
I have prepared the following lien -related documents and request that
the Board authorize the Chairman to sign them: ,
1. Releases of Special Assessment Liens from
SUMMERPLACE PROJECT in the names of:
CANTOR
JACOBY
2. Releases of Special Assessment Liens from
. PHASE I WATER PROJECT in the names of:
GOLLNICK
PRIDGEN
HERMAN
CALLOWAY
CLAWSON
3. Release -of Special Assessment Lien from
GLENDALE TERRACE WATER PROJECT in the name of:
PATRICK
Additional back-up information is on file in the County Attorney's
Office.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the Releases
of Special Assessment Liens as listed above, as
recommended by staff.
COPIES OF RELEASES ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
3
25 1199
UC
B. Miscellaneous Budget Amendment 017
The Board reviewed memo from OMB Director Joseph Baird dated
February 18, 1992:
TO: Members of the Board _
of County Commissioners
DATE: February 18, 1992
SUBJECT. NIISCELIANEOUS BUDGET AMENDMENT 017 - CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following.
1. During the budget process for 1991/92, estimated figures were used in
calculating the expenses for the F P & L Grant The budget
amendment is to allocate the correct funding.
2. This is to allocate a donation received by the North County Library for
$1,220.82 from the Friends of the Library for subscriptions.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment number 017.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Miscellaneous Budget Amendment 017 as follows:
4
L 7
TO: Members of the Board
of County Commissioners
m
SUBJECT: BUDGET AMENDMENT
TJTTLMIM. 0%.2.7
5
FEB 25 1992
BOOK
`WKy
C. Unemployment Compensation Budget Amendment 016
The Board reviewed memo from Budget Analyst Leila Beth Miller
dated February 14, 1992:
TO: Members of the Board
of County Commissioners
DATE: February 14, 1992
SUBJECT: UNEMPLOYMENT COMPENSATION
BUDGET AMENDMENT 016 - CONSENT AGENDA
THROUGH: Joseph A. Baird C
OMB Director
FROM: Leila Beth Miller
Budget Analyst
DESCRIPTION AND CONDITIONS
The State of Florida, Department of Labor, has charged Indian River County for
Unemployment Compensation payments to former employees. A budget amendment is
required to reflect these payments.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve budget amendment
016 to refund Unemployment Compensation payments, funding to come from
contingencies.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Budget Amendment 016 to refund Unemployment
Compensation payments as follows:
TO: Members of the Board
of County Commissioners
THROUGH: Joseph A. Baird�(1e�
OMB Director \`-��`�
FROM: Leila B. Miller
Budget Analyst
SUBJECT: BUDGET AMENDMENT
NUMBER: 016
DATE: February 14 1992
6
D. Indian River County Courthouse Proiect, Asbestos Abatement
Contract - Change Order No. 2
The Board reviewed memo from General Services Director Sonny
Dean dated February 17, 1992:
DATE: FEBRUARY 17, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVO
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
ASBESTOS ABATEMENT CONTRACT - CHANGE ORDER NO. 2
BACKGROUND:
During the abatement process of the building located at 1535 21st
Street, an enormous amount of asbestos material was discovered on the
inside of walls. This was caused from "over spray" while insulating
the ceiling during construction of the building. Due to the location
of the material it was not discovered during the initial inspection.
A cost of $151900.00 was incurred to abate the material and dispose
of it as specified by law.
In order not to hold up the asbestos abatement contractor and the
demolition contractor, staff made the determination to authorize this
work on an emergency basis.
During the abatement of the old WGYL Building it was learned that
certain floor tile was not required to be removed and disposed of as
hazardous material. This amounted to a credit of $3,602.80 on the
authorized contract.
RECOMMENDATIONS:
Staff recommends Board approval of the attached change order with a
net increase of $12,297.20 to the original contract, and requests
authorization for the Chairman to execute the applicable documents.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Change Order
No. 2 to the original contract with Kimmins
Contracting Corporation, Inc., resulting in a net
increase of $12,297.20, as recommended by staff.
SAID CHANGE ORDER IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
7
FEB 25' jgl��j
b p'�
BOOK
FEB
E. Release of Lien Request By John and Sonia Rim
Resolution 90-17 Public Nuisance Abatement Vero Shores
Subdivision, Unit No. 1 Lot 15 Block 9
The Board reviewed memo from Code Enforcement Officer Charles
Heath dated January 15, 1992:
TO:
James E. Chandler
County Administrator
DEPARTNENT HEAD CONCURRENCE:
74
Rober M. Rea ing, ICP
Community Development D ector
THROUGH:
Roland N. DeBlois, A CP
Chief, Environmental Planning
& Code Enforcement
FROM:
���/
Charles W. Heathe.101.
Code Enforcement Officer
DATE:
January 15, 1992
SUBJECT: RELEASE OF LIEN REQUEST BY:
John & Sonia Rim, Resolution #90-17
Public Nuisance Abatement
Vero Shores Subdivision, Unit No. 1, Lot 15, Block 9
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 25, 1992.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by John and Sonia Rim, owners of the
subject property, for the release of a lien imposed on their
property under Resolution 90-17, dated January 23, 1990, for County
abatement of a weed/grass nuisance.
ALTERNATIVES AND ANALYSIS:
The abatement cost assessment of Resolution 90-17 totaled $231.44.
A certified copy of the resolution was recorded as a lien against
the subject property on December 18, 1991. In that the Rims
reimbursed the County for abatement costs on January 10, 1992, soon
after the recording date, no interest has been assessed.
RECOMMENDATION:
Staff requests that the Board authorize the Chairman to execute a
Release of Lien (Resolution 90-17) which is presently held against
Lot 15, Block 9, Vero Shores Subdivision, Unit No. 1, as recorded
in O.R. Book 918, Pages 837, 838 & 839, of the Public Records of
Indian River County, Florida.
8
ON- MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute a Release of
Lien on Lot 15, Block 9, Vero Shores Subdivision,
Unit No. 1, as recommended by staff.
COPY OF SAID RELEASE OF LIEN IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
F. Final Plat Approval for Misty Meadow Subdivision
The Board reviewed memo from Current Development Staff Planner
Chris Rison dated February 17, 1992:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Obert eat g, A
Community Devel pmen Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: Christopher D. Rison Caf--
Staff Planner, Current Development
DATE: February 17, 1992
SUBJECT: FINAL PLAT APPROVAL FOR MISTY MEADOW SUBDIVISION
SD -90-11-024
#91080076-002
It is requested that the data herein 'presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 25, 1992.
DESCRIPTION AND CONDITIONS:
Misty Meadow Subdivision is a proposed 24 lot- residential
subdivision of a 10 acre parcel of land located north of 5th Street
S.W., lying west of the Westwood Subdivision and east of the
Rivularis Subdivision. The subject property is zoned RS -3, Single -
Family Residential (up to 3 units per acre) and has an L-21 Low
Density Residential (up to 6 units per acre) land use designation.
The proposed density for the subdivision is 2.4 units per acre.
On September 27, 19901 the Planning and Zoning Commission granted
preliminary plat approval for the Misty Meadow Subdivision, and a
Land Development Permit for the project was subsequently issued.
The developer, Cord Construction Corporation, is now requesting
final plat approval, and has submitted the following:
1. A plat in conformance with the originally approved preliminary
plat;
2. An Engineer's Certified Cost Statement for Construction of the
Completed Subdivision Improvements;
9
FEB 25 4 B00K
`992
3. A Warranty/Maintenance Agreement for the Required Subdivision
Improvements;
4. Bills of Sale for Utilities Facilities for the subdivision's
installed water and sewer systems; and
5. A security agreement, acceptable to the County Attorney's
Office, to guarantee the submitted Warranty/Maintenance
Agreement and Bills of Sale.
ANALYSIS:
The required improvements have been completed by the developer, and
a Certificate of Completion for the subdivision has been issued by
the Public Works Department. To guarantee the performance of the
required improvements, the developer has submitted a
Warranty/Maintenance Agreement, Bills of Sale for Utilities
Facilities and suitable security, approved by the County Attorney's
Office, to guarantee the Warranty/Maintenance Agreement and Bills
of Sale. .With these documents, the developer has complied with *the
appropriate requirements to obtain final plat approval.
ANALYSIS:
Staff recommends that the Board of County Commissioners grant final
plat approval for the Misty Meadow Subdivision and accept the
submitted Warranty/Maintenance Agreement, Bills of Sale and posted
security.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for Misty Meadow Subdivision and
accepted the submitted Warranty/Maintenance
Agreement, Bills of Sale and posted security, as
recommended by staff.
COPY OF CASH DEPOSIT AND ESCROW AGREEMENT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
G. IRC Bid #92-71 - Air Compressor - Utilities Department
The Board reviewed memo from Purchasing Manager Fran Boynton
dated February 17, 1992:
10
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"� ' I9. C. 8ID W 9..? -7///f/4 ee"fo essOR C077Z/7/*-S)
/�i`7�7? iP�'v�Fu��•cJG 77546 �$i�"ioeoPbsr9�S' SV8•tii77222 �Z- f/Wvr
,dETF�PM1A,,6V 7,Y-47- CO Ni° — A//? .5E.P VICE CO.
T.'�/E' REco.y yEZo� Pv.ec,,�.9se .
771e' f'Qv1,°.Art-ArT. o,&-e7S Ade. SA5CS''
`f -NQ /S Co.v,Si-0o"C-d .BY 7710 "40 V57-4)" Td .06"DF Ekce-ZLEwr 0a,* 4
e101V .PE'SSd,0C C 0WAAo?CV AfeO&-L-sem &TS -/SJ w�� tierToVR
REQaii e;AfevTS sf5 S7447LWO .00,r10 77/19�,PE�=oRF /-r -77/6.3E''7-^Aoe0Y Sr.
DATE: February 17, 1992
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
43e --
SUBJECT: IRC Bid #92-71/Air Compressor
.Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: February 12, 1992
Specifications mailed to: Six (6) Vendors
Replies: Three (3) Vendors
VENDOR TABULATION
Comp Air Service Co. $4,112.00
Orlando, FL
Vero Bearing and Bolt $6,428.00
Vero Beach, FL
Air Centers of Florida $6,594.00
Tampa, FL
TOTAL AMOUNT OF BID: $4,112.00
SOURCE OF FUNDS: Water Utilities Other Machinery and'Equipment.
BUDGETED AMOUNT: $6,200.00
RECOMMENDATION
Staff recommends that the bid be awarded to -Comp -Air Service Co.
as the lowest, most responsive and responsible bidder meeting
specifications as set forth in the Invitation to Bid.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 92-71 to Comp -Air Service Co. for Quincy Model
QTB-15, 15 H.P. Air Compressor in the amount of
$4,112.00, as recommended by staff.
0414
R
FEB 25t BOOK
5 1992 _
H. Risk Management Consultant Agreement
The Board reviewed memo from Risk Manager Beth Jordan dated
February 13, 1992:
TO: James E. Chandler, County Administrator
TSRv: Jack Price, Personnel Director
FROM: Beth Jordan, Risk Manager
DATE:
13 February 1992
BIIHJECT: Request for Agenda Consideration;
Risk Management_Consultant Agreement
This is written to request consent agenda consideration for
approval of the risk management consulting agreement with Waters
Risk Management.
On January 28, 1992, the Board approved award of the bid to Waters
Risk Management for a cost not to exceed $12,000.00. The agreement
for services summarizes the requirements set out in the request for
proposals.
We request inclusion of this agreement on the February 25, 1992
agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the Risk
Management Consulting Agreement with Waters Risk
Management at a cost not to exceed $12,000, as
recommended by staff.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
I. Flood Insurance Renewal
The Board reviewed memo from Risk Manager Beth_ Jordan dated
February 13, 1992:
12
To: James E. Chandler, County Administrator
TBRII: Jack Price, Personnel Director
FROM: Beth Jordan, Risk Manage pid�
DATE: 13 February199
2
BUWZCT: Request for Consent Agenda; Flood Insurance Renewal
Attached, please find the renewal quote for the County ' s Difference
in Conditions (Flood) insurance at the annual cost of $31,487.00.
This price is based upon the rate of $0.05 per $100.00 of value,
the same rate as was previously charged.
Please consider this for inclusion on the Board's February 25,
1992, consent agenda. Renewal date for this coverage is February
27, 1992.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner wheeler, the Board unanimously approved
renewal of flood insurance through Schlitt Services
as outlined in the following quote:
�� Sch/itf 5erW08,W
February 12, 1991 -� INVESTMENTS - INSURANCE
Indian River County
Board of County Commissioners
Attention: Beth Jordan - Risk Mgr.
1840 - 25th Street
Vero Beach, Florida 32960
Re: Difference In Conditions - 3202723341
Renewal date 02-27-92
Dear Beth:
Renewal quotation as follows;
Limit: $10,000,000 per occurrence and annual aggregate.
Building and Contents, based on total values of $62,974,264.
Deductibles: $100,000 AOP, Including Earthquake
200,000 Flood
Valuation: Replacement Cost.
Conditions: Same as expiring.
Company: International Insurance C=Wany, rated A SIV.
Renewal Premium: $31,487. Rate is .05 per $100.
Please let us know your renewal decision on this valuable
protection.
13
FEE 25 1992
BOOK j [,, E 6.31
PUBLIC DISCUSSION _
FRANK ZORC REQUEST TO SPEAK REGARDING NEW COURTHOUSE
Chairman Eggert recognized Frank Zorc and asked that he limit
his presentation to three minutes.
Frank Zorc, 2044 DeLeon Avenue, 35 -year resident of Vero
Beach, commended the Board for the courthouse plan as originally
designed under the constraints associated with the site. He
pointed out that now there are possibilities for change. He sought
more specific cost estimates for two changes: a covered walkway
connecting the parking lot to the courthouse, and redirection of
the courthouse to face 20th Street, also known as SR 60. Mr. Zorc
understood that the rough estimates ranged from $50,000 to $80,000
for these changes and while he was not interested in spending
taxpayers' money unnecessarily, he felt that this one-time cost
would add greatly to the beauty and function of this building. He
requested a meeting with Commissioner Wheeler and the architect to
ascertain more specific costs for such changes.
Chairman Eggert could not support granting the request. The
cost is one factor but a second reason is because she is opposed to
closing 16th Avenue.
Commissioner Wheeler agreed with Chairman Eggert and added
that the design has been discussed in many forums on many occasions
and the decision has been made. He was opposed to Mr. Zorc's
conceptual design because of the additional entrances.
Commissioner Bowman was not opposed to closing 16th Avenue
because there are other avenues of approach.
Commissioner Scurlock did not want to repeat all his past
comments and was opposed to any changes.
Commissioner Bird knew Mr. Zorc could meet with Commissioner
Wheeler at any time because of his open door policy.
Commissioner Wheeler agreed but said Mr. Zorc's request
included meeting with the architect, which might involve costs for
the architect's time.
Commissioner Scurlock pointed out that granting this request
could lead to a stream of requests for the same opportunity.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board (4-1, Commissioner
Bowman voting in opposition) agreed to continue with
the present plans for the new courthouse and denied
Frank Zorc's request for a conference with
Commissioner Wheeler and the courthouse architect.
14
PUBLIC HEARINGS
ST. JOHNS WATER CONTROL DISTRICT (SJWGD) REQUEST FOR SPECIAL
EXCEPTION USE AND SITE PLAN APPROVAL FOR AN AIRSTRIP
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 Beath, 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
in the matter of ,41 '
In the Court, was pub-
lished in said newspaper in the issues o
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this day o D. 19
X) l� (Business Manager)
6 'G
(SEAL)
SA 8 I
Proposed
Airstrip �•':-::•
. ST"" LUCIE COUNTY LRE
NOTICE OF PUBLIC HEARING
Notice of has" to oonaider the of spe-
cial exception approval for an alrst subject
Pa � b controlled by the SL Jon's Water
4 t The -bled property Is eHecdveiy described as
The east 120' of Section 25, Township 33
S., RargCae� M37y E., Iy and being in Indian
i' River map) Florida. (Please see the
abovA public h-* at which parties In interest and
dozens shag have an to be Lard, will
be held by the Board o} ccdu Commisaloners of
Indian River County, Florida, in tha County Commis-
sion Chambers of the County Administration Build- .
Ing, located at 1840 25th Street, Vero Beach, Flor-
Ida, an Tuesday, February 25, 1992, at 9:05 a.m.
Anyone who may wish appeal anywhich may be dedslon
sue that a ttm tre ord of the procee.Wuldings is
made. which includes testimony and evidence upon
which the appeal Is based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Jan. 31,81992�olyn Eft, CHAIRMAN
872144
Planning Director Stan Boling commented from the following
memo dated February 10, 1992:
15
FEB5'1992
BOOK,
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robbert M. Kest g, CP
Community Developm t Director
THROUGH: Stan Boling ,'AICP
Planning Director
FROM: Christopher D. Rison 0PP
Staff Planner, Current Development
DATE: February 10, 1992
SUBJECT: St. John's Water
Special Exception
Airstrip
SP -MI -91-12-67
91090148-001
Control District (SJWCD) Request for
Use and Site Plan Approval for an
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 25, 1992.
DESCRIPTION AND CONDITIONS:
The St. John's Water Control District has submitted a request for
site plan and special exception use approval for an existing
airstrip located in the A-1 Zoning District. The subject airstrip
is located 5 miles west of I-95, 3.5 miles south of S.R. 60.
It is the applicant's intent that the airstrip serve as auxiliary
landing facilities for aircraft which maintain the surrounding
agricultural groves and which utilize the existing maintenance
compound located north of the airstrip. This application has been
filed to legally recognize the airstrip.
The Planning and Zoning Commission voted unanimously, (6-0) to
recommend that the Board of County Commissioners approve the
special exception use for the airstrip,. It is now the
responsibility of the Board of County Commissioners to approve,
approve with conditions, or deny the special exception use request.
Pursuant to LDR Chapter 971, Regulation of Special Exception Uses,
the Board of County Commissioners is to consider the
appropriateness of the requested use based on the submitted site
plan and the suitability of the site for that use. The County may
attach any conditions and safeguards necessary to mitigate impacts
and to ensure compatibility of the use with the surrounding area.
ANALYSIS:
1. Area of Development: 7.9 acres or 348,000 sq. ft.
2. Zoning Classification: A-1, Agricultural
3. Land Use -Designation: AG -21 Agricultural 2 (up to 1 unit
per 10 acres)
4. Defined Airstrip: 55' B 2,900' = 159,500 sq. ft.'.-
16
t.�16
� ® s
- 5. New. Impervious Surface (Airstrip): None - the existing
airstrip will remain a stabilized grass surface: no
impervious improvements are proposed.
6. Open Space Provided: 100% of site (includes grass
airstrip and surrounding open lands)
7. Environmental Concerns: The applicant is not required to
provide for preservation of upland habitat as the site
consists of disturbed and cleared lands.
8. Traffic Circulation: No formal roadways are proposed.
Existing grove and drainage access roads will be used.
9. Stormwater Management: No Indian River County Stormwater
Permit is required as no impervious surface is proposed by the
project.
10. Specific Land Use Criteria - Special Exception Use: Airports
and airstrips in the A-1 Zoning District [971.43(1)]:
1. Evidence shall be furnished of the acquisition of
property for air rights over all land at the ends of all
runways where the required glide path of aircraft for the
class of the airport is thirty-five (35) feet or less
elevation from the ground.
Z. All buildings and structures except for hangars and
garages shall be at least thirty (30) feet from the
property line.
3. All airport drives and parking areas shall have a paved
surface pursuant to Chapter 954. This shall not apply to
airstrips.
4. All applicable FAA and state regulations shall be met.
5. Letters from appropriate fire and rescue agencies shall
be submitted ensuring that protective services can be
provided at an adequate level.
In staff's opinion, the project as proposed conforms with
these applicable land use criteria. Pursuant to ordinance
requirements, any and all FAA and FDOT permits, approvals or
exemptions shall be obtained prior to site plan release.
il. Surrounding Land Use and Zoning:
North: A-1, Agriculture/SJWCD Maintenance Compound
South: A-11 Agriculture/Active Agricultural Grove
East: A-1, Agriculture/Active Agricultural Grove
West: A-11 Agriculture/Active Agricultural Grove
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
special exception use approval for the airstrip.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously granted
special exception use for the St. Johns Water
Control District airstrip located in the A-1 Zoning
District, as recommended by staff.
17
Qpp
FEB 251992
FE
2 5 1992
PUBLIC
HEARING FOR THE PAVING AND DRAINAGE IMPROVEMENTS
TO:
1) 11TH STREET. S.E. 11TH PLACE S E AND MADRID AVENUE IN
GRANADA GARDENS SUBDIVISION
2) 83RD PLACE. 84TH STREET AND TROPICAL AVENUE IN GRAVES
ADDITION TO WABASSO SUBDIVISION
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
u .s
in the matter
in the Court, was pub.
lished in said newspaper in the issues
Of
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 uric this ^ day of p. 19 �--
R r (Business Manager)
(SEAL)
is
RESOLUTION NO. 92-15
A RESOLUTION OF INDIAN RIVER COUN-
TY, FLORIDA, SETTING A TIME AND
PLACE AT WHICH THE OWNERS OF
PROPERTY ON 11TH STREET SW, 11TH
PLACE SW AND MADRID AVENUE IN
GRANADA GARDENS SUBDIVISION AND
OTHER INTERESTED PERSONS MAY AP-
PEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO
THE PROPRIETY AND ADVISABILITY OF
MAKING PAVING AND DRAINAGE IM-
PROVEMENTS TO SAID PROPERTY AS
TO THE COST THEREOF, AS TO THE
MANNER OF PAYMENT THEREFOR, AND
AS TO THE AMOUNT THEREOF TO BE
SPECIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITTED THEREBY.
WHEREAS, the Board of County Commissioners
of Indian River County has, by Resolution No. 92-
14, deterrNned that it is necessary for the public
welfare of the citizens of the county, and particularly
as to those living, working, and owning property
within the area described hereafter, that paving and
dr improvements be made to: and
1VFIEREAS. the Board of County Commisstonere
has caused an assessment roll to be completed and
filed with the Clerk to the Board; and
WHEREAS, Section 11-48, Indian River County
Code requires that the Board of County Comrrds-
ciorers shall fix a time and place at which the own-
ers of the properties to be assessed or any other
persons Interested therein may appear before the
Board of County Commissioners and be heard as to
the proprietary and advisability of making paving
and dtlrraainage improvements. as to the cost thereof,
as to the manner of payment therefor, and as to the
amount there
f� f t�orebbeyassessed against each prop -
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA, as follows:
1. Tire Canty Commission shad meet at the Courtly
Commission ission chambers in the County Administration
dt�
at the hour of 9:05 A.M., on Tuesday, Feb-
ruary 251992, at which time the owners of the
properties to be assessed and any other interested
persons may appear before said Commission and
be treard
In regard thereto. The area to be Improved
and the properties to be specially benefined are
more particularly described upon the assessment
plat and the assessment roll with regard to the spe-
dal assessments.
2. Ag persons interested in the construction of said
brtprov ments and the special assessments against
the properties t r be specially benefitted may review
the assessment plat showing the area to be as-
sessed. the assessment roil, the plans and sped•
ficatkrns for saki improvements, surd an estimate of
the cost thereof at the office of the Clerk'to the
Board any week day iron 8:30 A.M. until 6:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of Public Worcs by
two cations in the Vero Beach Press-houmal
Newspaper a week apart. The lest publication shag
be at least one week prior to the date of the hear -
Indian
The Indian River County Department of Public
Zri shag give the owner of each property to be
specall
of ist�hy tieadplace,idays
eIn timleast
shall bserved by
malting a copy of such notice to each of such prop-
erty owners at his last known address.
The resolution was moved for adoption by Com-
missioner Wheeler, and the motion was seconded
by Cumnmisslorer Scurlock, arid, upon being put to
a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Ayd
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler_ Aye
The Chairman thereupon declared uffon
dui passed and adoptedthis is 28 day of January,
1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By s-CAROLYN K. EGGERT,
Attest
Chairman
-s-J.K. Barton, Clerk
By: -s -A. Waterhouse
Deputy Clerk
Attachment: ASSESSMENT ROLL
Feb. 11, 18, 1992 875225
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
_n / r
a
In the matter of U z/4,/iLil/ ///0 17.4�1'_
In the O Court, was pub -
fished in said newspaper in the issues of p lam"
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail'matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this-_ day ot,/
U
(SEAL)
(Business Manager)
01"
RESOLUTION NO. 92-17
A RESOLUTION OF INDIAN RIVER COUN-
TY, FLORIDA, SETTING A TIME AND
PLACE AT WHICH THE OWNERS OF
PROPERTY ON 83RD PLACE, 84TH
STREET AND TROPICAL AVENUE IN,
GRAVES ADDITION TO WABASSO SUB-
DIVISION AND OTHER INTERESTED PER-
SONS MAY APPEAR BEFORE THE
BOARD OF COUNTY COMMISSIONERS
AND BE HEARD AS TO THE PROPRIETY
AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO
SAID PROPERTY AS TO THE COST
THEREOF, AS TO THE MANNER OF PAY-
MENT THEREFOR, AND AS TO THE
AMOUNT THEREOF TO BE SPECIALLY
ASSESSED AGAINST EACH PROPERTY
BENEFITTED THEREBY.
WHEREAS, the Board of County Commissioners
of Indian River County has, by Resolution No. 92-
18, determined that it is necessary for the public
welfare of the citizens of the county, and particularly
as to those living, working, and owning property
within the area described hereafter, that paving and
drainage improvements be made to; and
WHEREAS, the Board of County Commissioners
has caused an assessment roll to be completed and
filed with the Clark to the Board; and
WHEREAS, Section 11-48, Indian River County
Cade, requires that the Board of County Commis-
skmers shag fix a time and place at which the own-
ers of the properties to be assessed or any other
moons Interested therein may appear before the
Board of County Commissioners and be heard as to
the proprietary and advisability of making paving
and draiirnnaago Improvements, as to the cost thereof,
as to the manner of payment therefor, and as to the
amort thereof to be assessed against each prop-
artberreNtted their
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA, as follows:
1�issionCounty chambers In � meet at the County
BugdbV at the hour of 9:05 A.M., an y, Feb-
ruary 5, 1992, at which tine the owners of the
pprrorspeertiesto be assessed and any other Interested
ission and
be heard in rrons egard thereppearettoo.. The area tre soldo be Improved
and the properties to be specially benefitted are
more particularly described upon the assessment
plat and the assessment roll with regard to the spe-
cial assessments.
2. All' persons Interested in the construction of sold
Improvements and the ssments against
the properties to be apecially benefitted may review
the assessment plat shovdng the area to be as-
sessed, the assessment roil, the piano and speci-
fications for said Improvemernts, and an estimate of
the cost thereof at the office of the Clark to the
Board any week day from 8:30 A.M. until 5:00 P.M.
3. shag be�ggiiofreren by the Departmenttime and place of Puf this blic public
by
two pub Icatkms in the Vero Beach Press -Journal
Newspaper a week apart. The last publication shell
be at least one week prior to the date of the hear-
ttnnqq The Indian River County Department of Public
4Y d shag give the owner of each property to be
spedagY assessed at least ten days notice In wrhIng
of such time and place, which shag be served by
mailing a copy of such notice to each of such prop-
owrtera et iris last known address.
rescutkxn was moved for adoption by Com-
missioner 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 Aye
Vim Chairman Margaret C. Bowman Aye
Commissioner Doh C. Scurlock, Jr. Aye
Comrdsskhner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution
passed and adopted this 28 day of January, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By s-CAROLYN K. EGGERT,
Attest: Chairman
-s-J.K. Barton, Clerk
By--s-A. Waterhouse
Deputy Clerk
Attachment ASSESSMENT ROLL
Feb.11,18,1992 875228
The Board reviewed memo from Civil Engineer Michelle Gentile
dated February 13, 1992:
E4�
1992
FES 14 19971
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.
County Engineer
FROM: Michelle A. Gentile C. -T
Civil Engineer
SUBJECT: Public Hearing for the Paving & Drainage Improvements to:
1) 11th Street S.E., 11th Place S.E., and Madrid
Avenue in Granada Gardens Subdivision
2) 83rd Place, 84th Street and Tropical Avenue in
Graves Addition to Wabasso Subdivision.
DATE: February 13, 1992
DESCRIPTION AND CONDITIONS
On January 28, 1992, the Board of County Commissioners adopted
Resolution* No. 92-14 and 92-16 providing for certain paving and
drainage improvements to:
_ 3 1) 11th Street S.E., 11th Place S.E., and Madrid Avenue in
Granada Gardens Subdivision
2) 83rd Place, 84th Street and Tropical Avenue in Graves Addition
to Wabasso Subdivision.
This was a Public Works Department initiated public improvement
assessment. Attached are the previous agenda items and Board of
County Commissioner minutes directing staff to go ahead with an
involuntary assessment for these projects.
On January 28, 1992, the Board of County Commissioners also
adopted Resolutions 92-15 and 92-17 setting the date and time for
a Public Hearing to discuss the advisability, cost and amount of
the assessment against each property owner. This hearing is
scheduled for February 25, 1992.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
assessment roll, and confirming resolution with changes, if any,
made after input at the February 25, 1992, Public Hearing. Revised
confirming resolution and assessment roll will be forwarded to
Chairman of the Board for signature. The Assessment Roll and
assessment plat are on file with the Clerk to the Board of County
Commissioner's office.
Kul
� s �
y Public Works Director Jim Davis suggested separate
discussions, beginning with the Granada Gardens Subdivision
project. He recounted that in 1986 there were some site plans
approved for commercial development and with those site plans staff
recommended that the roads in the area be paved. Initially
attention was given to a short section of road, but staff felt it
would be in the best interest of the County and the grader route to
pave 11th Street, S.E., 11th Place, S.E., and Madrid Avenue as one
project. Director Davis used an enlarged County map to show the
Board the location of the subject roads and pointed out that there
are very few unpaved roads in this section of the County. Staff
has completed working with the consultant to design the roadways,
and stormwater permitting has been acquired. This project is in
close proximity to the Indian River and as stormwater runs off the
roads we experience silt being transported to the Indian River.
The environmental agencies that have permitted the project feel
both of those projects would be of benefit to the environment. The
estimated cost of the project, $106,412, has been conservatively
developed and staff feels that the final cost could be as much as
25% less. The night before this meeting staff met with residents
to explain the petition paving procedure and to answer questions
from the property owners in the benefitted area. Approximately 16
people were in attendance representing the subject project and the
Wabasso project and Director Davis felt there were 8 or 9 persons
per project. The residents felt at this point in time they did not
have the resources to pay the assessment and they were not in favor
of the project. Director Davis recommended paving these roads
because it would benefit the County's overall road grading
maintenance operation by eliminating these roads from the grader
route and because there would be environmental benefit to the
Indian River.
Chairman Eggert led discussion regarding the cost.
Director Davis related that the assessments would be on a per
parcel basis, estimated at a very conservative $1,856 per parcel.
Commissioner Bird pointed out that some residents own a number
of parcels, so the burden falls on a few individuals.
Director Davis agreed but noted that the area is commercial
and not only the property owners but also a large segment of the
public travel those roads to get to the various businesses.
Commissioner Wheeler asked how many property owners were in
favor of the paving project, and Director Davis responded that of
the 16 people at the meeting, no one was in favor. There is a
total of 65 parcels in the two projects, Granada Gardens
Subdivision and Wabasso Subdivision.
21
5r-. a
BUUK fi
�_.�
Fr'- -I
64
Commissioner Wheeler pointed out that County road graders
travel a good distance to Round Island Park to grade that area and
he recalled that when the Commission considered paving Round Island
Park, it was not paved because of budgetary constraints. Now we
are asking residents to pay for paving roads, which seems to set
two different standards.
Director Davis pointed out that Round Island Park will be
paved within the year using funds from Florida Inland Navigation
District and Florida Boating Improvement. Commissioner Bird asked
whether the paving would be done throughout the park, and Director
Davis responded that only the portion west of AIA would be paved.
Commissioner Bowman asked whether the owners would have an
option to extend their payment for the subject paving, and Director
Davis responded that the options were explained at the meeting as
well as in the letters sent to thg owners that they could make two
annual installments or pay in 90 days with no interest charge.
Commissioner Bird asked about paving requirements for future
renovations and additions or new commercial ventures in Granada
Gardens Subdivision.
Director Davis explained that in 1986 a developer submitted a
site plan, was required by the County to pave his frontage on lith
Place, S.E., and when he solicited bids for paving that section
he had minimal response. As a result, that developer escrowed the
funds to the County for the project to be implemented in the
future, and this project is responding to that need. Staff has
been encouraging commercial areas to have paved road networks.
Commissioner Bird asked, and Director Davis responded that the
Board has the option to extend the payment plan from two years to
five years or more.
Discussion ensued regarding involuntary paving assessments
with Commissioner Wheeler reiterating that while we support
involuntary assessments to eliminate roads from the grader route,
we refuse to eliminate Round Island Park from the grader route. He
felt it is inconsistent, and Commissioner Scurlock agreed.
Commissioner Bowman thought they were comparing apples with
oranges because when you pave a residential area you are improving
the value of that property, but when you pave a park, you are
probably depreciating it.
Commissioner Wheeler felt there is the principle of requiring
other people to do what we do not require of ourselves.
Commissioner Scurlock felt that to be consistent the solution
would be to vote for Round Island Park to be paved.
Chairman Eggert commented that otherwise there should be -
unique or special reason why one area should not be paved..
22
_ M
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Clifford Gross, owner of Lots 4, 5, 6, 12 and 13, Block C,
Granada Gardens, did not believe there is a drainage problem. He
described the area as covered with undergrowth which absorbs the
rainwater, and asked if staff has witnessed the silt being carried
to the river.
Public Works Director Davis responded he is familiar with the
drainage system which includes a swale on the east side of Madrid
Avenue that discharges into a DOT outfall canal as well as water
that drains from the U.S.1 drainage system, all of which ends up in
the river.
Mr. Gross argued that ten minutes after a heavy rain the water
is dissipated into the ground on that particular block, and Mr.
Davis agreed there is some percolation capability.
Mr. Gross objected to the assessment because it will be a
hardship and indicated his property is mortgaged and he cannot
afford $40,000 in assessments.
Robert C. Smith, owner of Lots 7 and 8, Block C, Granada
Gardens, opposed the project and said he cannot afford it. He
pointed out that a portion of Madrid Avenue will remain unpaved and
the grader will still be needed for that. He also submitted a
letter of opposition from Pat M. Higgins, owner of Lots 15 and 16,
Block B, Granada Gardens Subdivision, which Chairman Eggert read
into the record:
BOARD OF COUNTY COMMISSIONERS February 27., 1992
Public Works Division
1840 25th Street CERTIFIED klAIL
Vero Beach, Florida 32960
Dear Board Members,
My name is Pat M. Higgins, I reside in Muskego, WI. and own Lot 115
and 16, Block B, Granada Gardens Subdivision, Vero Beach, Florida.
I tun sorry to inform you that 1 will. not be able to attend the Feb-
ruary 25, 1992 public hearing. It is my understanding this meeting is to
consider the adoption of an authorising resolution and an assessment roll
for the:
Paving and Drainages Imlirovements to 11th Street SW, 11th Place SW
& Madrid Avenue in Granada Gardens Subdivision
I have taken time to discuss this proposed project with other prop-
erty owners affected by this project.
I understand we are in complete agreement and are NOT in favor of
this project. In light of this, I would ask the Board of County commis-
sioners to PROVE what benefits myself and the other property owners will
derive from this assessment.
Again, I Apologize for not 1*ing able to attend your meeting. I
would appreciate a copy of the minutes of this meeting and will abide by
the outcome of this hearing.
23
o
�� 00 K
f A
F E B 25 ��
r
FELE
Director Davis explained that the short section of Madrid
Avenue which is not included in this project is in a residential
area and will be included in a future project. Staff's emphasis is
on paving commercialized areas.
Tommy Hare, 118 S.E. 11th Street, owner of property on both
streets in Granada Gardens, opposed the project because he cannot
afford it now and suggested it be postponed for about five years.
He also commented that Oslo Road which is just a quarter of a mile
south of this proposed project is unpaved, so the grader must
travel there.
Commissioner Scurlock realized the County"s long-range goal is
to eliminate the need for grading unpaved roads in the County. He
was concerned that with economic conditions as they are, and while
we are committed to petition paving, we have some difficult
decisions to make regarding involuntary assessments.
Attorney Bruce Barkett, representing Treasure Coast Refuse
Corporation which owns four lots on 11th Street, S.E., addressed
the Board. He pointed out that the $5,000 which was escrowed in
1986 was not the motivating factor in this project, and stressed
that all the participants at the public meeting were opposed to the
project. No one in the entire area wants it because of the
financial hardship during these tough economic times. He also
indicated that of the $106,000 estimated cost, Mr. Hare
individually would be assessed $40,000. He concurred that
postponing this project would be worthwhile.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Bird, to deny staff's recommendation to
pave lith Street, S.E., 11th Place, S.E., and Madrid
Avenue in Granada Gardens Subdivision, because of
the difficult economic times and the residents'
inability to pay.
Under discussion, Commissioner Wheeler added that he could not
require residents to pay for paving roads when the County does not
meet the same requirements.
Commissioner Bird felt this assessment hits a few property
owners very hard whereas other projects were spread over more
owners.
Commissioner Scurlock agreed that the overriding concern And -
consideration is the economy and the ability of the people to pay.
24
We will not abandon our long-range goal, but will take more time to
get there.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Public Works Director Jim Davis advised that the paving and
drainage improvements to 83rd Place, 84th Street and Tropical
Avenue in Graves Addition to Wabasso Subdivision was initiated by
staff at the direction of the Board in 1986 because the stormwater
carries material off the roads into the curb and gutter on U.S.1
and into the Indian River. He reported that over the years we have
had a tremendous siltation problem in the river in the area of the
Wabasso Causeway and that area was dredged twice, each time
removing 10,000 cubic yards, so there are environmental problems
involved here. We have completed paving the roads to the north,
110th Place and 110th Street, and staff feels it would be'in the
best interest of the County to eliminate these unpaved roads from
the grader route.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Attorney Sam Block, representing Graves Brothers Company,
advised that Graves Brothers owns 6 of the 22 parcels involved in
this project. This is residential and there has been no
construction since 1986. The issue here is that other than Graves
Brothers these parcels have smaller homes and the owners cannot
afford this assessment, particularly with the economic situation as
it is. Mr. Block pointed out that on the east side of U.S.1 none
of the roads are paved so the road graders will be required to
maintain those roads. He suggested that when times improve we can
pave the whole Wabasso area and eliminate the grader routelbut now
is not that time.
Daniel Formont, 2267 Megans Ocean Walk, owner of rental
property in the subject area, opposed this project. He agreed that
the timing is wrong for this assessment. His income is down and he
worries about making ends meet.
Charles Wintermute, 4725 84th Street, representing himself and
his wife, Betty, spoke in opposition to the project. He suggested
Tropical Avenue should be barricaded because it is infrequently
used. He related that there were large holes in the road that he
had to fill because he got no response from Road and Bridge
Department. He saw no need to pave these roads.
04.1
8 0 0 K
r - F B
mor 8b C 6464
Maryann Long, 4740 84th Street, representing herself and her
husband, opposed the paving project. They spend three months of
the year in Wabasso and find it a delightful area and want to keep
it that way.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously denied
staff's recommendation to pave 83rd Place, 84th
Street and Tropical Avenue in Graves Addition to
Wabasso Subdivision because of the difficult
economic times and the residents' inability to pay.
The Chairman recessed the meeting briefly at 10:08 A. M. and
the Board reconvened at 10:20 A. M. with all members present.
PUBLIC HEARING FOR PAVING AND DRAINAGE IMPROVEMENTS TO A PORTION OF
ROADS IN FLORAL PARK SUBDIVISION AND RANCH ESTATES SUBDIVISION
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:
FTI
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
In the matter of
in the Court, was pub-
lished in said newspaper in the issues of .,�l /� //, a(r
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me s, _ ,_�� day o A.O. 19 "f--
(Business Manager)
jolt
(SEAL) `�,,�
" "'! pub'k-r 51: i4 of rl,rli�.�
Combpk- Fxcliryg June 2b, ir`Vd
RESOLUTION NO. 92-19 --
A RESOLUTION OF INDIAN RIVER COUN-
TY, FLORIDA, SETTING A TIME AND
PLACE AT WHICH THE OWNERS OF
PROPERTY IN A PORTION OF FLORAL
PARK SUBDIVISION, AND RANCH ES-
TATES SUBDIVISION AND OTHER INTER-
ESTED PERSONS MAY APPEAR BEFORE
THE BOARD OF COUNTY COMMISSION-
ERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAK-
ING PAVING AND DRAINAGE IMPROVE-
MENTS TO SAID PROPERTY AS TO THE
COST THEREOF, AS TO THE MANNER
OF PAYMENT THEREFOR, AND AS TO
THE AMOUNT THEREOF TO BE SPE-
CIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITTED THEREBY.
WHEREAS, the Board of County Commissioners
Of Indian River County has, by Resolution No. 92-
18, determined that it Is necessary for the public
welfare of the citizens of the county, and particularly
as to those living, working, and owning property
within the area described hereafter, that paving and
drainage Improvements be made to; and
WHEREAS, the Board of County Commissioners
has caused an assessment roil to be completed and
fled with the Clerk to the Board; and
WHEREAS, Section 11-48, Indian River County
Cade, requires that the Board of Canty Ca►vrds-
sioners shall fix a time and place at which the own-
ers of the properties to be assessed or any other
persons interested therein may appear before the
card of Canty Commissioners and be heard as to
the proprtetary and advisability of making paving
and dr naf age improvements, as to the cost thereof,
as to the manner of payment therefor, and as to the
amort thereof to be assessed against each prop-.
erty berrefttted thereby,
OW, THEREFORE, BE iT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY. FLORIDA, as follows:
1. The County Commission shall meet at the County
Commission chambers in the County Administration
Buildingg at the hour of 9:05 A.M., on Tuesday, Feb-
ruary 25, 1992, at which time the owners of the
properties to be assessed and any other interested
persons may appear before said Commission and
De
orcin tea propIn erties ted retie The area to be Improved
more particularly described uponspecia
benefitted
assessment
plat and the assessment roll with regard to the spe-
cial assessments.
2. All persons interested in the cxomstniction of said
Improvements and the special assessments against
the properties to be specially benetftted may review
the assessment plat showing the area to be as-
sessed, the assessment roll, the plans and sped-
fications for said improvements, and an estimate of
the cost thereof at the office of the Clerk to the
Board any week day from 8:30 A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing
shad be given by the Department of Public Works by
Newspaper
o pub cations In the Vero Beach Press Journal
be at lei o week apart. The
to tie delta off the h ea -
in . The Indian River County Department of Public
Works shall give the owner of each property to be
Spey assessed at least ten days notice in writing
of such time and place, which shall be served by t07
Melling a copy Of Such notice to each of such prop.
erly owners at his last known address.
The resolution was moved for adoption by CoM-
missioner Scurlock, and the motion was seconded
by Commissioner Bird, and, upon being put to a
vote, the vote was as follows:
Chairmlyn K. an
yVhahnaMargareC. Bowman rt Ae
Commissloner Don C. Scurlock, Jr. Aye
Commissiorer Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution
passed and adopted this 28 day of January, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By -s CAROLYN K. EGGERT,
Attest: Chairman
-s-J.K. Berton, Clerk
By: s A. Watertnouse
Deputy perk
' Attachtrnent: ASSESSMENT ROLL
Feb. 11, 18, 1992 875227
Civil Engineer Michelle Gentile commented from the following
memo:
27
FEB 25 1993
P.�)r K i11,� .' s
Orr V li
�!vC
TO: James Chandler
County Administrator-
THROUGH:
dministratorTHROUGH: James W. Davis, P.E.
Public Works Director
and ��
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, C. T.
Civil Engineer
SUBJECTi Public Hearing for the Paving & Drainage Improvements to
a Portion of the Roads in Floral Park Subdivision and
Ranch Estates Subdivision
DATE: February 18, 1992
DESCRIPTION AND CONDITIONS
On January 28, 1992 the Board of County Commissioners adopted
Resolution No. 92-18 providing for certain paving and drainage
improvements to a portion of the roads in Floral Park Subdivision
and Ranch Estates Subdivision.
A portion of the roads in Floral Park Subdivision, 57th Avenue,
57th Court, 42nd Street, and 43rd Street are being presented to the
Board at this time. The legal descriptions are shown in the
Providing Resolution. 56th Avenue is not included due to the fact
that the owner of the property on the east side of 56th Avenue is,
in the process of developing a Site Plan and will be required to
donate right-of-way along the 56th Avenue corridor. The benefited
area and assessment roll for 56th Avenue will be determined when
the issues regarding the Site Plan on 56th Avenue are settled. We
will be requesting a St. Johns River Water Management Permit for
all construction in Floral Park Subdivision, at this time however.
When the original petition was brought in for Floral Park and Ranch
Estates in February 1986, there were approximately 51% of the
property owners in favor of having this road paved, based on the
benefited area at that time. Since then, we have eliminated some
of the lots from the benefited area, the north portion of 56th
Avenue is an unopened right-of-way at this time, and lots fronting
this portion of 56th Avenue will not be included in the assessment.
The assessment being presented today has 63 lots and of those 63,
the owners of 35 lots have signed the petition. This makes 56% of
the assessment roll in favor. Also on this assessment roll, we
have signatures representing 50% of the property owners.
On January 28, 1992, the Board of County Commissioners adopted
another Resolution 92-19 setting the date and time for a Public
Hearing to discuss the advisability, cost and amount of the
assessment against each property owner. This hearing is scheduled
for February 25, 1992.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the
assessment roll, and confirming resolution with changes, if any,
made after input at the February 25, 1992 Public Hearing. The
revised confirming resolution and assessment roll will be forwarded_
to the Chairman of the Board for signature. The Assessment Roll
and assessment plat are on file with the Clerk to the Board of
County Commissioners office.
28
Chairman Eggert asked about maintenance on these roads, and
Public Works Director Jim Davis stated this area is on the grader
route with the exception of the north side of 56th Avenue, which is
an unopen right-of-way and is not graded.
Chairman Eggert clarified, and staff confirmed that in 1986
51% of the residents petitioned for this paving.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Godfreye Gipson, president of the homeowners' association and
owner of Lots 3 and 4 in Ranch Estates Subdivision, -came before the
Board and explained that the petition was submitted 6 years ago
when economic times were,better. The residents have been trying to
get on the agenda and were told by staff that this project was on
line. The residents have questions about how the formula for
assessment was arrived at and have not been able to get any of the
officials to meet for discussions. They were unhappy about
excluding the north side of 56th Avenue from the paving project
because it is the worst road in the subdivision. Many of the
residents have been laid off from work and Mr. Gipson submitted a
petition signed by 98% of the lot owners asking that this project
be postponed.
Commissioner Wheeler asked, and Mr. Gipson affirmed that he
had tried to call staff several times to set up a meeting and was
told there would be only this meeting this morning at this public
hearing.
Chairman Eggert noted that the petition in 1986 represented 35
of 63 lots, which was approximately 503%, and she asked whether
anybody went back to the owners recently to see if anything had
changed.
Public Works Director Jim Davis advised that once a petition
is received, the project is placed on the list and we do not
periodically communicate with the property owners.
Mr. Gipson maintained that the property owners tried to
communicate with staff and received no information about any right-
of-way problems with the project.
Commissioner Scurlock was concerned about the length of time,
the apparent miscommunication, and the need for revalidation of the
petition, and suggested the item be tabled to allow an opportunity
for all parties to clear up the problems and resubmit this item to
the Board.
Leonard Wilson, owner of Lots 7 and 8, Block 2 of Ranch
Estates Subdivision, clarified that if there were a- right-of-way
29
BOOK p r,°°,uc � ,j
FEE 25 199
ma t":.) P'�,,L il'5'02,
problem, it was not with the residents of the two subdivisions but
rather .with the owner of commercial property on the east side of
56th Avenue who does not wish to pay for the paving, while the
owners on the west side of 56th Avenue are being denied paving. In
addition, Mr. Wilson noticed stakes have been placed for
installation of water lines, and he cannot pay for water and paving
at the same time.
Discussion ensued regarding the procedure to be followed if
the petition is tabled, and the residents agreed to meet with staff
and rework the project.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously tabled
this item to allow the residents and staff to
discuss and rework the project, including the
excluded portion of 56th Avenue, and resubmit it to
the Board.
County Engineer Roger Cain emphasized that the letter sent out
by staff had a telephone number with the name of a contact person,
and neither Jim Davis, Michelle Gentile nor Roger Cain were
contacted by anyone at that number.
PUBLIC HEARING - FLORIDACRES/36TH AVENUE WATER SERVICE 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:
30
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
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of vi
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this /V day oil & D. 19
(Busil s Manager)
(SEAL)
W'Irrt'y Public, SW.0 of Florida
* Criratcds'J'W Exp fr es Jane 29,
NOTICE
The Board of County Comrtdssioners of Indian
River County, Florida. hereby provides notice of
PUBLIC HEARING scheduled for 9:05 A.M. on
pToUEESdDAY, FEBRUARY 25, 1992, to discuss a r -
MENT PROJECT Indian Rito ver SPECIAL
nq foSSor �SS
8ta08tion of WATER SERVICE IN FLORIDACRES
(39TH AVENUE), and providing for special assess-
ment liens to be made of reed on the properties
to be served.
Anyone who may wish to appeal any decision which
Zbe made at tib meeting will need to ensure
that a verbatim record of the proceedings is made,
W hich Includes testimony and evidence upon which
the appeal Is based.
Feb. 3, 10,1992 872991
Utility Services Assessment Projects Manager James D. Chastain
made the following presentation:
31
FEB 25 199
BOOK "�;� k, ui. Uji
907
e�
P00K 8'5 f" r ��► d
sut
DATE: FEBRUARY 11, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UTILI ERVICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF ASS S PROJECTS
BY: DEPARTMENT OF TY SERVICES
SUBJECT: RESOLUTION III - FIARIDACRES/36TH AVENUE
WATER SERVICE PROJECT
INDIAN RIVER COUNTY PROJECT NO. UW -91 -04 -DS
BACKGROUND
On January 28, 1992, the Indian River County Board of County
Commissioners approved Resolution I (92-20) and Resolution II
(92-21). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified of the public hearing by certified mail. Resolution 92-20
was published in the Vero Beach PRESS JOURNAL on January 31, 1992.
(See attached agenda item and minutes of the above meeting.)
ANALYSIS
Design of the water distribution system is complete. An
informational meeting was held with the property owners on February
11, 1992. 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 14 lots bordering on 36th Avenue. The petition for this service
was signed by 10 property owners, 71.43% of the properties to be
served. The total estimated cost to be assessed is $44,206.00.
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.
Mr. Chastain added that certified letters were mailed to the
property owners benefitting from this water service project.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Pete Musick, 626 36th Avenue, was concerned about the final
cost of this project. He circulated the original petition and
since that time the estimated cost has doubled. Now he is worried
about the reactions of his neighbors. He suggested -that a higher
estimate may cause higher bids from suppliers. Mr. Musick asked if
the owners have the right to object if the final cost- goes too
-
high.
32
County Attorney Charles Vitunac advised that this public
hearing is the final opportunity for residents to voice their
opinions.
Commissioner Bird pointed out that the residents would not pay
more than the final estimate, and it could be less. He assured the
residents that the County would not charge any more than the final
cost.
Niles Helseth, 645 36th Street, also was concerned about the
cost going higher, and Commissioner Bird stated the owners will be
charged the actual cost of installation if it is less than the
final estimate, but no more than the final estimated cost.
County Attorney Vitunac advised that as a matter of law the
County cannot exceed the assessed amount in the notice of final
assessment; it cannot go higher than that.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
ON MOTION by Commissioner, Bird, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 92-39 confirming the special assessments
in connection with as water main extension to
Floridacres (36th Avenue) as recommended by staff.
RESOLUTION 92-39 WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE
OFFICE OF CLERK TO THE BOARD
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 92-201 adopted January 28, 1992,
determined to make special assessments against certain properties to be
N
serviced a water main extension of the County located in Floridacres
(36th Avenue); and
cn
33
N
W
R 25 1992
I
RESOLUTION NO. 92- 3 9
OMP ER m
z A� p
QMX
A RESOLUTION
OF INDIAN RIVER COUNTY, FLORIDA,
m
CONFIRMING
THE SPECIAL ASSESSMENTS IN
n y 2
N
CONNECTION
WITH A WATER MAIN EXTENSION
o 54
v
TO FLORIDACRES (36TH AVENUE) AND PROVIDING
o m
-n c z v
LO
FOR SPECIAL
ASSESSMENT LIENS TO BE MADE OF
��.�
'J
RECORD`.
U7
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 92-201 adopted January 28, 1992,
determined to make special assessments against certain properties to be
N
serviced a water main extension of the County located in Floridacres
(36th Avenue); and
cn
33
N
W
R 25 1992
I
FEB
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 January 31, 1992, as
required by Section 11-52, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No.
92-21, on January 28, 1992, 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
County on Tuesday, February 25, 1992, at 9:05 a.m. conducted the
N
M
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Monday, February 3,
1992, and Monday, February 10, 1992 (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
34
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
�:
c� c'N
o
U
WHEREAS the Board of County Commissioners of Indian River
01
County on Tuesday, February 25, 1992, at 9:05 a.m. conducted the
N
M
•!i
public hearing with regard to the special assessments,44
(U
4
34
r
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
B i rd and the motion was seconded by Commissioner W h e e l e r
and, upon being put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert A y e
Vice Chairman Marger,-et C. Bowman A y e
Commissioner Don C. Scurlock, Jr. Aye
Commissioner diehard 'N: Bird Aye
Commissioner Gary C. ' WYieeler
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 25 day of February 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carol n K. E rt
Ch man
35
G"Vol
LAWSUIT - PRINCE CONTRACTING CQ. INC. VS. DON C. SCURLOCR JR.
INDIVIDUALLY, AND THE BOARD OF COUNTY COMMISSIONERS
County Attorney Charles Vitunac recapped the background for
this discussion: On February 18, 1992 the Board hired a golf
course contractor. The low bidder was Prince Contracting Company,
the second low bidder was Guettler & Sons, Inc. Staff recommended
Guettler, and the Board, by a three to two vote, voted for
Guettler. Yesterday at 3:00 p.m. the County was served with a
complaint filed by Prince Contracting Company against Commissioner
Scurlock individually and the County in its official capacity. The
County Attorney's office is perfectly comfortable with its original
recommendation, which is that the Board had the right to take the
vote that it did on February 18. However, there are allegations in
this complaint which, if true, would make our vote invalid.
Attorney Vitunac felt it was appropriate to put this matter on the
agenda today and ask Commissioner Scurlock to give his side of the
story because if these allegations are true, the County will have
to take another vote and take some other actions. If the
allegations are denied by Commissioner Scurlock, Attorney Vitunac
recommended the Board proceed until further notice from a Court.
Chairman Eggert clarified, and Attorney Vitunac confirmed that
he was advising that the County proceed as the vote directed as
long as Commissioner Scurlock denied the allegations.
Attorney Vitunac indicated that since this will involve a
court hearing it would be advisable for Commissioner Scurlock to
give his statement today under oath, if that would be acceptable to
his attorney, Robert Stone.
Attorney Robert Stone stated there is no need for a statement
under oath because the ensuing discussion will be neither an
official court proceeding nor a deposition. There is only an
unverified complaint filed, signed by an attorney, and the
plaintiff has not signed that complaint. Attorney Stone advised
that in any civil proceeding it is not required to swear to an
answer or affirmative defenses or counterclaim. There will be a
time for Commissioner Scurlock to be placed under oath when his
deposition is taken at which time all the attorneys will be given
notice and will be able to question him. Attorney Stone further
stated that he did not have the opportunity to discuss this matter
with Commissioner Scurlock and objected to any sworn statement at
this particular time. He felt that the County's request for a
sworn statement would be aiding the plaintiff in his discovery
process. Attorney Stone recommended that Commissioner Scurlock
make a denial of the charges and state that his vote was based on_
what he thought was in the best interest of the County, that there
36
M
was no conflict of interest, and that he certainly was not doing
this because he was promised anything at all.
Attorney Vitunac pointed out that the County must decide on
the golf course and we need to have some indication on the record
as soon as possible, under oath or not, whether the allegations in
the complaint are true.
Attorney Stone understood the County's position but argued
that Commissioners were not placed under oath when they voted on
the motion for a golf course contractor. Commissioner Scurlock can
explain why he voted the way he voted, but placing him under oath
will not make a difference in the Board's action in this matter.
Commissioner Scurlock explained that before he told the County
Attorney's office that he would give a statement under oath he had
not been advised by counsel, and now he must follow his attorney's
advice. He emphasized that after he received the complaint he
suggested to the County Attorney that this matter needed to be
discussed at this meeting.
Commissioner Scurlock denied each and every allegation of the
complaint and addressed certain allegations individually. Starting
with allegation 10 regarding an illegal conflict of interest,
Commissioner Scurlock reported that he had consulted with the
County Attorney on numerous occasions and was told that a conflict
of interest would occur if he or his company or someone he is doing
business with were benefitting financially. In addition, if
commissioners have no conflict of interest, they are required to
vote. Commissioner Scurlock next addressed allegation 9 of the
complaint and stated that he never received any compensation from
Guettler & Sons as an employee or consultant or in any other
capacity. There was a time when Guettler & Sons submitted a
proposal to the City of Ocoee and asked him to serve as financial
consultant and project coordinator for that particular project. A
presentation was made, Guettler was not selected and he never
received any fee from Guettler for any of that preparation.
Commissioner Scurlock further explained that on the day before the
February 18 vote he met with Mr. Prince and Mr. Prince's attorney,
Chester Clemfto go over any issues to convince him that he should
vote in favor of Prince. They never raised any question about any
conflict of interest; they never requested that he excuse himself
or that there were any improprieties. They asked what it would
take to change his mind about staff's recommendation and he
specifically cited the items he thought needed to be resolved.
Commissioner Scurlock stated that he voted solely on the
recommendation of our administrative staff.
Commissioner Scurlock denied allegations 6 and 7 and asked
37
5 1992
FEB 2�
JP,
,RU0K60 F 9,E 63U
County Administrator James Chandler to address those points.
County Administrator James Chandler explained that the review
of the bids for the golf course construction contract followed the
same procedure as any other large construction project. It began
by Engineer Terry Thompson and Golf Course Director Bob Romarinetz
checking the figures and backgrounds and was expanded to include
Assistant County Attorney Terry O'Brien and Purchasing Manager Fran
Boynton and himself. Staff followed the same process that is
followed on all bids. He pointed out that at no point in this
review was he aware of anyone on staff being lobbied by any of the
commissioners for any of the bidders, from the low bidders all the
way to the top bidders. From staff's perspective the review was
done as we always do, and the recommendation that was indicated was
staff's recommendation.
Commissioner Scurlock readdressed the subject of Guettler's
proposal to the City of Ocoee and stated that was the only time he
was associated with Guettler. They did not get the job, and he has
not had any business relationship or business dealings with
Guettler since that time. He denied being an officer of Guettler
& Sons and asked for confirmation of that point by a representative
of Guettler & Sons.
Eugene O'Neill of the firm of Gould Cooksey Fennell Barkett
O'Neill & Marine, attorney for Guettler & Sons for over six years,
came before the Board and confirmed that Commissioner Scurlock is
not and has never been an officer, director or shareholder of that
corporation. He pointed out that anyone can check to see who the
officers of a Florida corporation are by calling Tallahassee. That
is public information. Attorney O'Neill explained that Guettler &
Sons is a family corporation and no outsiders are allowed in the
corporation. He described the proposal to the City of Ocoee and
suggested that the plaintiff used a sales tool to establish a
relationship when there never was a relationship. He stated there
has never been any financial exchange between these parties.
Chairman Eggert suggested Commissioner Scurlock elaborate on
his inquiries about the background of Prince Contracting Company
following a newspaper article that appeared in the Tampa Tribune.
Commissioner Scurlock pointed out that it was separate from
any inquiries by staff and involved an article written by Francis
Turbin in the Tampa Tribune's Bradenton office. The article
related to kickbacks from Prince Construction to Ron Garles and
when he inquired about a followup story, the writer told him that
he could consider Garles and Prince as a team. Commissioner
Scurlock stressed this was the only inquiry he made and it created_
suspicion in his mind. After expressing his concerns at his
38
� � r
meeting with Mr. Prince and Mr. Clem the day before the February 18
vote, they informed him that they settled the suit.
Attorney Stone thought that was sufficient denial of the
specific allegations for the Board to make their determination.
Mr. Stone believed, and County Attorney Vitunac agreed, that an
affidavit under oath from Commissioner Scurlock would be sufficient
for any summary judgment proceeding or court proceeding.
Commissioner Scurlock agreed that he would submit a sworn
statement. This is an election year and anybody can make an
unsubstantiated accusation but a public official must take a stand
and he did not intend to go away.
Attorney Vitunac advised that staff is satisfied that we have
a valid contract with Guettler & Sons and will proceed with the
contract and prepare to defend the lawsuit against the County
Commission. The Board would not be required to take any action
unless the County receives an order from the court saying something
different.
Commissioner Bird hoped the lawsuit would not affect our time
table for construction of the golf course.
Attorney Vitunac thought that unless Prince is able to prove
something we are not aware of at the moment, an injunction is not
possible. He anticipated that a resolution of this case will take
a long time and that the golf course could be completed by then.
TREE PLANTING GRANT
County Administrator James Chandler made the following
presentation:
DATE: FEBRUARY 24, 1992 EMERGENCY ITEM
PUBLIC WORKS - G4
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: RANDY DOWLING q �;'
ASSISTANT TO COUNTY ADMINISTRATOR
SUBJECT: TREE PLANTING GRANT
BACKGROUND:
Approximately three weeks ago, county staff received a tree planting
grant application from the Florida Department of Agriculture and
Consumer Services, Division of Forestry. The grant program is
administered by the United States Small Business Administration. The
program's objectives are to provide grants to states for tree
planting on public property utilizing small business to supply and
plant the trees.
39
FEB25 199 ;�� r '- P,
BOOK
The Veterans Career and Credit Referral Center, a non-profit
organization and a qualified applicant under thisrant
offered to conduct a tree plantingg program, has
Public Works Department staff has project on county property.
the recipient of this tree lantin targeted Round Island Park as
portion of Round Island Park is beginning to bent.ntlydeve, thel pedrandr tsie
histree planting project will complement the landscaping
is
being prepared. The veterans organization has offered toausehatheir
in-kind services as the 45% local match re
government contributes the remaining 55%IDe
inhard nt hidol ars.le the The
in-kind services, estimated to be
watering, and maintainingthe $16,000.00, include planting,
portion, estimated to b $20,000.001 inclu esforeepurchasinghthefederal trees
(live oaks, east polactka holly, wax mertles, and lis
t) and
planting material. The County's only contribution to this$366,,000.00
project is the land on which to plant the trees, site preparation,
and minimal operational support such as an occasional piece of heavy
equipment and operator.
RECOMMENDATIONS:
Since the grant deadline is March 4, 1992, the Board will need to
take action on this item as an emergency during the Boards February
25, 1992 regular meeting. Staff recommends the Board approve this
request and authorize the Veterans Career and Credit Referral Center
to submit a grant application to the state ,and purchase, plant,
water, and maintain the proposed Round Island Park tree planting
project for three years. Representatives from the Veterans Center
will be present at the meeting to answer any questions.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Veterans Career and Credit Referral
Center to submit a tree planting grant application,
as recommended by staff.
Commissioner Bird recalled that the general manager of United
Artists Cable made an offer to the County to plant some trees in
the median on SR 60.
Public Works Director Jim Davis responded that there had been
a problem about the types of trees, and his most recent
communication from United Artists Cable indicated they were going
to wait until a later date. Mr. Davis advised the Board that the
Florida Department of Transportation was planning to revise the
medians in SR 60 right-of-way at the end of this year.
Chairman Eggert suggested we convey that information to the -
manager at United Artists Cable.
40
ASBESTOS ABATEMENT - OLD LIBRARY BUILDING
County Administrator James Chandler made the following
presentation:
DATE: FEBRUARY 17, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H. T. "SONNY" DEAN, DIRECTO
JI�
DEPARTMENT OF GENERAL SERVICES
SUBJECT: ASBESTOS ABATEMENT - OLD LIBRARY BUILDING
BACKGROUND:
In January of this year, the Board approved staff recommendation and
funds to renovate the subject building and -relocate all offices
presently located in the 2001 Building. The old library was
inspected and proved to contain asbestos which is required to be
removed prior to issuance of any type building permit.
The sub -contractor presently abating buildings located on the new
courthouse site has given us a price of $27,500.00 to remove and
dispose of asbestos in the library. This contractor is already
located in Vero Beach and will not require mobilization cost which
will result in a cost savings on the project. We had received
estimates for abatement cost ranging between $40,000.00 to $50,000.00
late last year.
RECOMMENDATIONS:
Staff recommends Board approval to exempt this work from the bidding
process and authorize a contract with Environmental Resource
Associates of Florida at a total cost of $27,500.00. It is also
requested authorization be given their Chairman to execute the
applicable documents. This cost is well within the estimated budget.
Monies will come from funds appropriated by the Board for this
project.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
exempted this work from the bid process and
authorized the Chairman to execute a contract with
Environmental Resource Associates of Florida to
remove and dispose of asbestos in the old library
building for a total cost of $27,500.00, as
recommended by staff.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
41
I
FIR 25 1992 UC
OLD HEALTH DEPARTMENT BUILDING _
The Board reviewed memo from General Services Director Sonny
Dean dated February 17, 1992:
DATE: FEBRUARY 17, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECT
DEPARTMENT OF GENERAL SER
;A
SUBJECT: OLD HEALTH DEPARTMENT BUILDING
BACKGROUND:
As instructed by the Board, staff has looked at the subject building
for the purpose of lease or sale to some interested person or
persons.
There is approximately 6,100 square feet in this facility. It should
be noted that this is a specialty building in that design was for a
"clinic" type facility with small rooms and an enormous amount of
plumbing fixtures. Due to this design, there are limited uses
available unless major renovations were performed.
Without advertisement, we have had two formal inquires into the
possibility of lease or sale of the facility. They are:
1. Sherry A. Jones - She represents a group endeavor that
feels the building would be ideal for their use. She
has requested she be kept informed by the status of
the building as to lease or sale. Ms. Jones did not
indicate a dollar figure she was willing to pay.
2. Coalition For The Homeless - They have expressed a
desire to lease the entire building with the intention
of sub -leasing space they did not need. The lease W
would be "as is" and they would pay all cost
associated with, renovations, utilities, and
maintenance both in and outside of the building. They
want the County to maintain the insurance and them pay
$2.00 per square for rent. However, there are certain
insurances they would be required to carry. Revenues
from this type lease arrangement would equate to
approximately $12,000.00 per year.
When the building was in use as a health clinic, the annual
operational budget was approximately $21,000.00 for utilities,
maintenance, and custodial services. Although, we are not
maintaining the facility as if it were occupied, cost are still
incurred for minimum utilities and yard maintenance. Indian River
County presently has the building insured at a annual cost of
$460.00. This insurance would remain in tact should we decide to
enter into a lease with some other party
42
.Due to the fact that vacant buildings tend to depreciate more
rapidly, immediate action should be taken to either lease or sell the
-subject building. Pursuant to Florida Section Statue 125.38 no
advertisement for lease shall be required if the lease or sale is to
a non-profit corporation. Otherwise, Number 125.35 Florida Statue
requires an advertised public hearing with bids to dispose of the
property.
RECOMMENDATIONS :
Staff recommends that action be taken to advertise the subject
building for lease and bring a recommendation for lease back to the
Board for award.
Director Dean further explained that the cost for the County
to maintain this building would be approximately $4.40 per square
foot. If the building were leased to the Coalition for the
Homeless at $2.00 per square foot, they would pay for utilities,
custodial general maintenance, yard maintenance, the solid waste
district assessment and telephone cost.
Henry Muller, 5954 River Run Drive, Sebastian, came before the
Board requesting a three-year lease on the old health building at
$2.00 per square foot for the Coalition for the Homeless. He
explained the Coalition is seeking to utilize the available
resources of the community and other existing non-profit service
agencies to provide necessary services to the homeless efficiently,
without duplication and at the lowest possible overhead cost by
joint use of the facility's meeting room, equipment, telephone, and
so forth. The Coalition needs this facility for three years to get
established. He assumed that after three years the County would
either sell the building or have some other use for it.
Chairman Eggert and Commissioner Scurlock wished to know if
this is a fair deal, and Director Dean answered that a 3 -year lease
at $2.00 per square foot is not a bad deal.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, to negotiate with the
Coalition for the Homeless for a lease for the old
health building.
under discussion, Commissioner Bowman wished to clarify that
this building will be used for offices only, and Chairman Eggert
wanted confirmation that people will not be sleeping there.
Mr. Muller confirmed that this is not intended to provide
stay -over facilities, but would be used as a drop-in center where
homeless people can be directed to the proper agencies for help.
Commissioner Bird understood that this facility would be used
by homeless people as a drop-off spot, a place to leave their
belongings, and to use a telephone, but he wondered how we
differentiate between homeless people of Indian River County and
43
moK 'UF
I
E�
A92 r..�
the transient homeless that make their way up and down the east
coast of Florida. He was in favor of taking care of people who are
basically residents of our county who need temporary help but would
like to avoid getting a reputation of allowing transients to take
a shower in the morning and be on their way.
Mr. Muller felt transients will always be a possible minor
problem because there is no way to distinguish them when they walk
in the door, but the Coalition's purpose is to direct these people
to the agencies who will help them out of homelessness.
Commissioner Bird pointed out that by leasing this building we
are leasing taxpayer -owned property and with all the vacancies in
the downtown area the rental rate should compete fairly with the
private sector. We are investing several million dollars on new
buildings and renovations and everyone is excited about the
appearance and the professionalism of the downtown area. He
understood there are plans for a private project to renovate an
older building in close proximity to the old health building and we
should be concerned that the old health building enhance and not
detract from their efforts. He foresaw this building being a
valuable asset as the downtown area continues to improve because of
its stand-alone identity, ample parking and room for expansion. He
commented that there are other vacancies that possibly could be
rented by the Coalition.
Commissioner Wheeler thought we have responsibility to help
the Coalition. He felt the old health building was suitable for
the Coalition's plan because of its proximity to the health
department and because it is within a semi-residential/commercial
district. His concern was the possibility of people hanging around
the building like the daily workers at the Labor Force.
Mr. Muller emphasized that would not be permitted.
Commissioner Bird asked about food preparation, and Mr. Muller
responded that they are not running a soup kitchen. Coffee and
donuts will be available and they will store a limited supply of
canned goods and blankets for emergency purposes. There is a
little kitchen, but it will be for the use of the office workers.
Commissioner Bird asked what modifications were planned for
the building, and Mr. Muller replied that temporary partitions will
be removed, but any proposed changes to the building will be
I presented to the Board first.
Commissioner Bowman cautioned that removing partitions will
cause damage to the carpeting, and Mr. Muller said_ it is in bad
condition now but they will live with it.
Discussion ensued regarding the $2.00 per square foot rental -
rate.
44
� � r
Commissioner Wheeler felt that a fair rental rate is difficult
to judge because the market for leasing space is poor.
Commissioner Bird felt that it would not cost the quoted
figure of $4.50 to maintain a vacant building, and Chairman Eggert
thought it is not to our advantage to leave it empty.
Commissioner Scurlock thought most other commercial space
would be more heavily impacted by this type of use, but
Commissioner Bird predicted the importance of this building will
increase with the new railroad crossing.
Henry Muller reminded the Board that it is only a 3 -year
lease.
Commissioner Bowman led a discussion about repairs to the
building.
General Services Director Dean reported the roof is in need of
repair or replacing and we have a preliminary estimate of $18,000
to replace the roof, which is not in this year's budget.
Chairman Eggert suggested we would have to take that into
consideration if we sold it or leased it to anybody else.
Commissioner Bird and Administrator Chandler advised that it
could be sold as is, or replacement of the roof included in an
exchange for a longer term lease.
Administrator Chandler advised that based on the market and
the economy, it is in our best interest to lease this building to
a willing tenant for three yearstand when the economy improves, put
it back on the market.
Mr. Muller cited his experience with roofs and assured the
Board that they could stretch its life over the next three years
with appropriate patching and remedial work. He further stated the
Coalition will make every effort to avoid any additional expense to
the County.
Commissioner Bird asked Commissioner Scurlock to clarify his
motion.
Commissioner Scurlock confirmed his motion is for staff to
negotiate a lease to be presented to the Board for approval.
Commissioner Bird wanted the opportunity to see how the
numbers come back before a lease is approved to be sure this is a
prudent use of the building.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Mr. Muller indicated that there are surplus desks and chairs
in the building and requested they be included in the lease because
the Coalition is working with minimum funds.
45
P,OOK
�7
)� ate,a
BOOK
Administrator Chandler confirmed that the items are surplus
because we have offered them and they were not bid on, and it has
been our procedure to keep them in inventory until someone wants
them.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously loaned
26 chairs and all the surplus desks in the old
health building (no number was mentioned) to the
Coalition for the Homeless for their use while the
Coalition leases that building.
Ken Macht, speaking for the Samaritan Center, briefly
explained the differences in function and purpose between Samaritan
Center and Coalition for the Homeless and assured the Board that
both facilities are needed in the County.
1992 ROAD RESURFACING PROGRAM
The Board reviewed memo from Public Works Director James Davis
dated February 17, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: 1992 Road Resurfacing Program
DATE: February 17, 1992 FILE: resurf.agn
DESCRIPTION AND CONDITIONS
During the FY91/92 Budget Hearings, $470,000 was
appropriated for resurfacing and widening of County Roads.
At this time, the County Road and Bridge Division' is
recommending a partial list of roads currently in need of
resurfacing and/or widening. There is approximately
$444,000 available in Account # 111-214-541-035.31 for this
work. Since the attached list of projects is estimated to
cost $173,600, there will remain $270,400 available for
additional projects to be defined for Board approval this
spring.
RECOMMENDATIONS AND FUNDING
Staff recommends that the attached list of roads be approved
for resurfacing and/or widening. Funding to be from Account
#111-214-541-035.31.
11 r
I
RESURF
INDIAN
RIVER COUNTY
ROAD
& BRIDGE
z
m
ROAD
FROM
TO
LENGTH
WIDTH
WIDEN
LIME
ROCK
ASPHALT
TOTAL
I�
0
(FT)
TONS/
COST
TONS
COST
a ,
N
-----------------------------------------------
0
N.
H
0
x
12TH AVE SW
23RD ST SW
17TH LN SW
3700'
24'
--
--
--
500
$15,000
$15,000
W
n
HIGHLAND DR
pl
•
to
K
19TH PL SW
8TH AVE SW
6TH AVE SW
1620'
20'
--
--
--
180
$5,400
$5,400
a
N•
STH ST
20TH AVE
27TH AVE
1750'
20'
6'
410
$2,910
380
$11,400
$14,310
pf
p'
0
I.
8TH ST
27TH AVE
43RD AVE
4710'
20'
6'
1100
$7,810
1020
$30,600
$38,410
N.
�
43RD AVE
45TH ST
49TH ST
2490'
24'
6'
580
84,120
630
$18,900
$23,020
fa
p
U1
rA
CR 512
125TH AVE
130TH AVE
3410'
24'
6'
800
$5,680
860
$25,800
$31,480
:3
0
0
4
WILLOW ST
p)
H
a
CR 512
130TH AVE
CR 507
2610'
24'
6'
610
$4,340
660
$19,800
$24,140
?-b
WILLOW ST
O
0
BROXTON RD
CR 510
89TH ST
2910'
20'
--
--
--
330
$9,900
$9,900
of
64TH AVE
R+
:3
N
19TH ST SW
6TH AVE SW
STH AVE SW
1460'
20'
--
--
--
170
$5,100
$5,100
IV
0
fA
0
23RD PL SW
-'12TH AVE SW
10TH AVE SW
990'
20'
--
--
--
110
$3,300
$3,300
LO FO
U)
r
W
k
f)
24TH ST SW
STH AVE SW
6TH WAY SW
1040'
20'
--
--
--
120
$3,600
$3,600
m
0
rt
76
f
m
a
cz)a�aaaaaa��aaa��=Baa=
=aoaaaa��aaaaaaaaaaaa=aaaaaa=eaaea=eaaaaaaaaaaaaaaa���aaaaaaae
1110
N
R
••
,�
d
..TOTALS..
26690'
$24,860
$148,800
$173,660
C
/5 MI
r
FINAL PAYMENT FOR PROFESSIONAL SERVICES - TREASURE SHORES PARK
The Board reviewed memo from Capital Project Manager Terry
Thompson dated February 17, 1992:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.Eq>o�
Capital Projects Manager
SUBJECT: Final Payment for Professional Services
Treasure Shores Park - Work Order No. 2
DATE: February 17, 1992
DESCRIPTION AND COTIDITICKS
On November 6, 1992 the County entered into Work Order No. 2
with Brad Smith Associates, Inc. to provide professional
services for the design and construction of Treasure Shores
Park.
This project is now complete. Brad Smith Associates is
requesting final payment including retainage in the amount
of $4,263.63.
RECOMMZTDATIONS AND FONDA,G
Staff recommends that the final payment including 10%
retainage be released. Funding is from Account
#311-210-572-033.13
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized final payment including retainage to Brad
Smith Associates in the amount of $4,263.63, as
recommended by staff.
AS -BUILT RESOLUTION AND ASSESSMENT ROLL FOR PAVING AND DRAINAGE
IMPROVEMENTS TO 1ST PLACE BETWEEN 27TH AND 24TH AVENUES
The Board reviewed memo from Civil Engineer Michelle Gentile
dated February 18, 1992:
48
TO:
James Chandler
County Administrator
THROUGH: James W. Davis, P.]
Public Works Direct
and
Roger D. Cain, P.E.
County Engineer �A
FROM: Michelle A. Gentile
Civil Engineer
SUBJECT: As -Built Resolution & Assessment
Drainage Improvements to:
1st Place between 27th Avenue and
DATE: February 18, 1992
DESCRIPTION AND CONDITIONS
Roll -for Paving and
24th Avenue
The paving of the above road has been completed. The final
assessment is as follows:
Preliminary Estimates
$108,033.16 --loot
$ 81,024.87 - 75$
(2465.76 Front Footage)
$32.86/per FF
Final Cost
$77,067.08 - 100%
$58,956.33 - 75%*
(2465.76 Front Footage)
$23.91/per FF
*This figure includes 2% Tax Collector's fee.
The final assessment roll has been prepared and is ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due date and subsequent payments to be due
yearly from the due date at an interest rate of 9�% established by
the Board of County Commissioners.
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefitted owners is less than
the preliminary assessment roll, the only alternative presented is
to approve the final assessment roll.
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built
Resolution" for the paving of the above mentioned road be approved
by the Board of County Commissioners and that it be transferred to
the Office of the Clerk to the Board for recording in the
"Assessment Lien Book" and to the Tax Collector's office for
collection.
49
r
FEB 25 AW
BOOK
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 92-40 certifying "As -Built" costs for
certain paving and drainage improvements to 1st
Place from 27th Avenue. to 24th Avenue, designated as
Project No. 8909, and other construction
necessitated by such project, as recommended by
staff.
RESOLUTION NO. 92-40
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 1ST PLACE FROM 27TH AVENUE TO 24TH
AVENUE, DESIGNATED AS PROJECT NO. 8909, AND OTHER
CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 8909, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on February 26, 1991, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 91-22, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$23.91 per front foot, which is less than $32.86 per front foot
in the confirming Resolution No. 91-22,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
50
� � s
1. Resolution No. 91-22 is modified as follows: The
completion date for,Project No. 8909 is declared to be January
23, 1992, and the last day that payment may be made avoiding
interest and penalty charges is ninety (90) days after passage of
this resolution.
2. 'Payments bearing interest at the rate of 9 ',% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the due date and the
subsequent payments to be due yearly from the due date. The due
date is ninety (90) days after the passage of this resolution.
3. The final assessment roll for said project is as set
forth in attached Exhibit
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in attached Exhibit "A" will be
recorded by the County on the public records of Indian River
County, and the lien shall constitute prima facie evidence of its
validity.
This 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 Aye
Vice -Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 25 day of Fphruary ,
19 -12 -
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
B�1_24a_2�7_
51 CAROLYN Vt. EGGERT
Chairman
r j j l OOK
OFFICE OF CLERK TO THE BOARD
ENGINEERING FIRM SELECTION
ENGINEERING STUDY AND DESIGN OF THE MOST COST-EFFECTIVE UTILIZATION
OF A WEST REGIONAL SITE FOR AN EFFLUENT DISPOSAL SYSTEM
The Board reviewed memo from Utility Services Director Terry
Pinto dated February 12, 1992:
DATE: FEBRUARY 12,•1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PINT
DIRECTOR OF UTI VICES
PREPARED ROBERT O. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINEER N""
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ENGINEERING FIRM SELECTION
ENGINEERING STUDY AND DESIGN OF THE MOST COST
EFFECTIVE UTILIZATION OF A WEST REGIONAL SITE FOR AN
EFFLUENT DISPOSAL SYSTEM
IRC PROJECT NO. US -92 -03 -ED
BACKGROUND
On January 15, 1992, the Department of Utility Services received six
(6) responses to the Request for Proposal to provide engineering
services for the above -referenced study and design project. The
selection committee reviewed the six (6) responses and selected five
(5) firms to be interviewed for the project.
ANALYSIS
On January 30, 1992, the selection committee interviewed the five (5)
firms and as a result of the interviews, ranked the firms as follows:
1. Masteller and Moler, Inc.
2. James M. Montgomery, Inc.
3. Missimer and Associates, Inc.
RECOMMENDATION
The Department of Utility Services recommends that the Board of County
Commissioners authorize the Department of Utility Services to conduct
negotiations and to proceed with an agreement with the first choice
firm of Masteller and Moler, Inc., based upon the outcome of the
negotiations. The Department also requests approval to proceed with
negotiations with the second and/or third selection if negotiations
fail.
52
BOOK.
�
RESOLUTION 92-40, WITH ASSESSMENT ROLL ATTACHED,
IS ON
FILE
IN
THE
OFFICE OF CLERK TO THE BOARD
ENGINEERING FIRM SELECTION
ENGINEERING STUDY AND DESIGN OF THE MOST COST-EFFECTIVE UTILIZATION
OF A WEST REGIONAL SITE FOR AN EFFLUENT DISPOSAL SYSTEM
The Board reviewed memo from Utility Services Director Terry
Pinto dated February 12, 1992:
DATE: FEBRUARY 12,•1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PINT
DIRECTOR OF UTI VICES
PREPARED ROBERT O. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINEER N""
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ENGINEERING FIRM SELECTION
ENGINEERING STUDY AND DESIGN OF THE MOST COST
EFFECTIVE UTILIZATION OF A WEST REGIONAL SITE FOR AN
EFFLUENT DISPOSAL SYSTEM
IRC PROJECT NO. US -92 -03 -ED
BACKGROUND
On January 15, 1992, the Department of Utility Services received six
(6) responses to the Request for Proposal to provide engineering
services for the above -referenced study and design project. The
selection committee reviewed the six (6) responses and selected five
(5) firms to be interviewed for the project.
ANALYSIS
On January 30, 1992, the selection committee interviewed the five (5)
firms and as a result of the interviews, ranked the firms as follows:
1. Masteller and Moler, Inc.
2. James M. Montgomery, Inc.
3. Missimer and Associates, Inc.
RECOMMENDATION
The Department of Utility Services recommends that the Board of County
Commissioners authorize the Department of Utility Services to conduct
negotiations and to proceed with an agreement with the first choice
firm of Masteller and Moler, Inc., based upon the outcome of the
negotiations. The Department also requests approval to proceed with
negotiations with the second and/or third selection if negotiations
fail.
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ON - MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Department of Utility Services to
conduct negotiations and to proceed with an
agreement with the first choice firm of Masteller
and Moler, Inc.; and to proceed with negotiations
with the second and/or third selection if
negotiations fail,.as recommended by staff.
WATER MAIN REPLACEMENT - ROCKRIDGE - WORK AUTHORIZATION NO 3
CHANGE ORDER NO. 1
The Board reviewed memo from Utility Services Director Terry
Pinto dated February 14, 1992:
DATE: FEBRUARY 14, 1.992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED NOEL J. MCMAHON a,I'Z!4z
AND STAFFED ENVIRONMENTAL SPEC ST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN REPLACEMENT - ROCKRIDGE
INDIAN RIVER COUNTY PROJECT NO. UW -91 -22 -DS
WORK AUTHORIZATION NO. 3
CHANGE ORDER NO. 1
BACKGROUND
On October 15, 1991, the Board of County Commissioners approved Work
Authorization No. 3 with Driveways, Inc., for the amount of $108,890.77
to replace the water distribution system in the Rockridge Subdivision
(see attached agenda item). Work on this replacement was started in
December 1991.
ANALYSIS
Driveways, Inc., has installed the new replacement piping on 9 of the
23 blocks of the subdivision. At this time 49 houses of the total 335
houses in the subdivision have been connected to the new lines. The
contractor has had to remove trees and rock, and install additional
fittings, sample points and permanent blowoffs that were not
anticipated when the work authorization was approved for this job. The
unit prices of the items were previously approved on the labor bid.
The net increase of this additional work is $19,776.00, as detailed in
the attached Change Order No. 1.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Change Order No. 1 for Work
authorization No. 3 with Driveways, Inc., for the amount of $19,776.00
and authorize the Chairman to execute this change order.
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ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously
approved and authorized the Chairman to execute
Change Order No. 1 to Work Authorization No. 3 with
Driveways, Inc., in the amount of $19,776.00, for
Water Main Replacement in Rockridge, as recommended
by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD
RIGHT-OF-WAY PURCHASE - KINGS HIGHWAY NORTH OF STATE ROAD 60
The Board reviewed memo from Deputy County Attorney Will
Collins dated February 17, 1992:
TO: The Board of County Commissioners
FROM: k)e,- William G. Collins II - Deputy County Attorney
DATE: February 17, 1992
SUBJECT: Right -of -Way Purchase - King's Highway North of S. R. 60
Vero Beach Realty, Corp. is currently processing a rezoning application to
add 17.12 feet of commercial zoning to the north boundary of their property
at the northwest intersection of S.R. 60 and King's Highway, opposite
Ryanwood . This would constitute a node expansion which could not occur
without a comprehensive plan amendment were it not for the fact that an
equivalent acreage of land is proposed for deletion from the node for
right-of-way required for King's Highway.
The attached agreement would .bind Vero Beach Realty, Corp. to sell a strip
of right-of-way on the west side of King's Highway 40 feet by 540.45 feet or
.496 acres. The closing on the property would occur if and after the
rezoning request was approved but before the rezoning became effective by
filing with the Secretary of State. Compensation would be $23,674 of traffic
impact fee credits to any subsequent site plan approval for the Indian River
Square Shopping Center at this site.
The alternatives are to authorize the Chairman to execute the attached Letter
Agreement for purchase of the right-of-way, which would clear the way for
their rezoning request to move forward, or to decline the proposed
right-of-way agreement, in which case the rezoning request could not
proceed in the absence of a successful comprehensive plan amendment.
Commissioner Wheeler was concerned about extending this
commercial zone 17.12 feet closer to a residential area.
Attorney Collins confirmed it would cause the commercial
property to extend 17.12 feet into the RM -6 zone, bringing it that
much closer to Rivera Estates Subdivision to the north.
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Commissioners Bird and Wheeler asked for clarification, and
Public Works Director Jim Davis stated that between the north
property line of this commercial parcel and the Rivera Estates
Subdivision there is 343 feet of land zoned RM -6, multi -family,
which is proposed for stormwater management for a shopping fronting
SR 60.
Commissioner Bird understood they want to make up on the north
side what they are losing on the east side.
Commissioner Wheeler and Commissioner Bird asked for
clarification on the rezoning issue since it seems to directly
relate to our purchase of the right-of-way.
Deputy County Attorney Collins advised they are not tied
together. The rezoning application will come before the Board in
the near future for consideration on its own merits, but without a
binding contract for sale of this right-of-way, which decreases the
size of the commercial node, the rezoning could not go forward
because it would be a rezoning in excess of the node acreage. The
developer would have to request a Comp Plan amendment before the
rezoning could be considered.
Director Davis advised that at this point in time the property
owners approve this proposed sale. Due to considerable development
activity planned at this intersection, with this proposed shopping
center on the northwest corner and the projected Wal-Mart and Sams
on the southeast corner of Kings Highway and SR 60, he predicted
the need for dual left -turn lanes in that intersection and probable
expansion of the roadway; otherwise it would not be appropriate for
some of these commercial tracts to develop.
Discussion continued about the exchange of a 40 -foot strip on
the east side of this parcel for a 17.12 -foot strip on the north
side of this parcel.
Commissioner Wheeler asked, and Attorney Collins confirmed
that the rezoning request would be for the 17.12 -foot strip to the
north of this parcel. They are selling a strip 40 by 500 feet and
are asking for equivalent acreage, or 1/2 acre, to be rezoned at
their northern property boundary.
Discussion followed regarding the potential rezoning, and
Attorney Collins advised, and Community Development Director Bob
Keating agreed that our acquiring the right-of-way will not give
the developer any advantage in their request for rezoning.
Commissioner Scurlock inquired as to the owner's motivation
for selling the right-of-way, and Attorney Collins advised that
they cannot rezone the 17.12 -foot strip without a Comp Plan
amendment and they cannot get a Comp Plan amendment unless they
decrease the size of the node through the sale of the right-of-way.
55
E B1992
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BOOK &0 f',".lig
Commissioner Scurlock concluded that would move commercial
zoning 17.12 feet closer to the residential subdivision and he
opposed it.
County Attorney Charles Vitunac explained the net result would
be reconfiguration of the same amount of acreage.
Chairman Eggert asked, and Attorney Collins clarified that the
item for consideration is whether to enter into the proposed
agreement to purchase the right-of-way which would be contingent on
the rezoning being approved.
Commissioner Scurlock considered it contract zoning, but
Attorney Collins advised it is not contract zoning because an
agreement to buy right-of-way has nothing to do with whether the
rezoning will be approved because that is a land use decision.
Chairman Eggert recognized a resident who wished to address
the Board.
Barbara Bonnah, 5845 23rd Street, resident of Rivera Estates
Subdivision, spoke in opposition to the proposed rezoning. She
stated her backyard faces the RM -6 property which serves as a 300 -
foot buffer between the residential and commercial zones. Mrs.
Bonnah recounted raising objections at a Board meeting in September
of 1987 when the Board approved rezoning of 4.4 acres from RM -6 to
commercial to align the entrance of the subject parcel on Kings
Highway with the entrance to Ryanwood Shopping Center. At that
time Mrs. Bonnah told the Board that the residents were afraid the
developer would take that 4.4 acres and keep coming back for more
until the commercial parcel would extend right up to their
backyards. If the 17.12 -foot strip is rezoned to commercial and
the parcel is resold, she would expect the next developer to use
the argument that the remaining 10 acres of RM -6 is too small and
therefore not suited for multi -family residential. Mrs. Bonnah
described it as whittling away at the residential zoning for
supposedly good reasons but, in the meantime, the actual reason is
to change RM -6 acreage, which is worth $70,000 per acre, to
commercial acreage, which is worth $263,000 per acre. Mrs. Bonnah
advised that she had met recently with a representative of the
developer and had suggested to him that they could eliminate one
building from the site plan in order to provide the required
parking spaces. His response was that it would decrease their
profit. She also suggested the shopping center could be built on
the southwest corner of SR 60 and Kings Highway where they would
not encroach on a residential area. Mrs. Bonnah was also concerned
about having a supermarket there which will generate noise from
refrigerated trucks at all hours of the day and night and -
eventually will require a traffic signal for that access. road.
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Right now -the traffic is a hazard for the local residents. Mrs.
Bonnah realized that a 17.12 -foot strip of land is just a sliver -
compared to the acreage involved, but the residents do not want the
commercial traffic and noise any closer to their bedroom windows.
She was surprised to hear that the developer is going to be allowed
to use the 300 -foot buffer as stormwater management and green space
for the proposed shopping center. It seemed to her that the County
gives the developer every consideration while giving little to the
residents. Mrs. Bonnah advised that she is circulating a petition
opposing the rezoning throughout the neighborhood and the residents
are very upset about another bite coming off of the residential
buffer. She asked the Board to protect their property.
Commissioner Wheeler asked, and Director Davis confirmed that
we need to complete our right-of-way acquisition in that location
so that if we need to expand Rings Highway and add left turn lanes
we will have the ability to do that.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
declined the proposed Right -of -Way Agreement and
authorized staff to negotiate to acquire the right-
of-way without contingency and submit a contract for
approval by the Board.
Chairman Eggert surmised it would be up to the developer to
pursue rezoning.
Attorney Collins stated they cannot process a rezoning without
a Comp Plan amendment.
Commissioner Bird felt that the proposed site plan allowing
that RM -6 parcel to be used for stormwater retention and green
space is preferable to a possible multi -family use that would give
the residents a view of a large apartment building.
Mrs. Bonnah pointed out that in her conversation with the
representative of the developer,, he mentioned that there will be
about an acre not needed for green space and asked if she would
like to see an apartment building there. Mrs. Bonnah told him the
residents thought professional office space would be appropriate
for that area. It seemed to her that if a developer sees a little
open space they immediately want to fill it up.
Commissioner Bird understood that it was a matter of economics
and while the developer will comply with the County's green space
requirement, it does not mean they will be nice guys and commit any
more land to green space than necessary.
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non
FES 25 1992
FEB 25 1992
BC10K �: f'Au 0:
Mrs. Bonnah understood that but argued that if this 17.12 -foot
strip is rezoned for this reason and the developer does not feel it
is enough, they will come back for more with another good reason.
She felt this developer will complete this project, but urged the
County not to rezone this 17.12 -foot strip. If the developer has
to pursue a Comp Plan amendment, the County will have several
opportunities to review the request as well as the States and it
would have to go through three public hearings. She argued that
there are other ways to design the shopping center without adding
the 17.12 -foot strip.
CONTRACT FOR SPECIAL APPOINTED PUBLIC DEFENDER IN NON CAPITAL
FELONY. MISDEMEANOR, JUVENILE, MENTAL HEALTH AND OTHER CASES WHERE
THE COUNTY IS STATUTORILY REQUIRED TO PROVIDE FOR COURT-APPOINTED
COUNSEL
The Board reviewed memo from Assistant County Attorney Sharon
Brennan dated January 30, 1992:
TO: Board of County Commissioners FROM: Sharon P. Brennan - Assistant County Attorney 4E)
DATE: January 30, 1992
SUBJECT: CONTRACT FOR SPECIAL APPOINTED PUBLIC
DEFENDER IN. NON -CAPITAL FELONY, MISDEMEANOR,
JUVENILE, MENTAL HEALTH, AND OTHER CASES
WHERE THE COUNTY IS STATUTORILY REQUIRED TO
PROVIDE FOR COURT-APPOINTED COUNSEL
_ Whenever the Public Defender cannot represent indigent adults or
juveniles due to conflicts, the trial judge appoints private counsel as
special public. defenders, with compensation to be paid by the county
pursuant to Administrative Order 78-2 at the rate of $40/hour for
out-of-court and $50/hour in -court services.
The Board of County Commissioners in St. Lucie and Martin Counties
have each contracted with one attorney or law firm to handle the
court-appointed work on a flat fee -per -case basis. This arrangement
has worked well and has proven to be cost-effective to the counties.
The contract cases do not include capital felonies.
If the Board gives conceptual approval to a similar contract for Indian
River County, a selection committee (comprised- of a designated
representative of the Chief Judge of the Nineteenth Judicial Circuit, a
representative of the Board of County Commissioners, the Indian River
County Attorney or representative and the Public Defender of the
Nineteenth Judicial Circuit) should be formed to draft a request for
proposals and an agreement to provide legal representation for indigent
adults and juveniles in Indian River County. These _draft documents
would be presented for the Board's approval.
The committee would then seek proposals from area attorneys, review -
the proposals and make a recommendation to the Board - -of. County
Commissioners.
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Chairman Eggert understood this contract is a draft and the
details would be negotiated.
Assistant County Attorney Sharon Brennan explained that the
contract is an example of the contracts used in St. Lucie and
Martin Counties. Attorney Brennan reported the legal department
has been following this program in St. Lucie and Martin Counties at
the suggestion of Commissioner Wheeler and it seems to be working
well. She did a comparison of the fees paid in those counties with
legal costs in Indian River County and the result is that the
contract fees are far below what our average was in 1990.
Indications are that the number of cases as well as the cost per
case is increasing, so a contract of this sort would be cost-
effective for Indian River County. Attorney Brennan researched the
judges' reaction to legal representation by contract and the
feeling is that the representation is good for the most part.
Further, the contract does not bind the judges to hiring the
contracted attorney, and that is a good indicator. The contract
contains methods of terminating the contract quickly if it does not
work out. Attorney Brennan requested authorization from the Board
to continue her efforts in developing a contract and draft a
request for proposals which would be presented for the Board's
approval. Additionally, the Board should select a representative
to serve on the committee along with the Chief Judge of the 19th
Judicial Circuit, the Public Defender of the 19th Judicial Circuit,
and the County Attorney or a representative.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously selected
Commissioner Gary Wheeler to represent the Board on
the committee to draft a request for proposals and
an agreement to provide legal representation for
indigent adults and juveniles in Indian River County
as set out in staff's memo.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:12 o'clock P. M.
ATTEST:
J. R. Barton, Clerk
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199
Carolyn K. Eggert;
R00K.
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