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HomeMy WebLinkAbout6/23/1992W-aW WAM ma... xj A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JUNE 23, 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. I. 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 - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 13.A.3. DNR Hearing on Manatee Protection Plan 13.A.4. Appointment to Alcohol, Drug Abuse and Mental Health Board S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Windsor Properties Inc.,'s Request for .Final Plat Approval for Windsor Beachside Plat I ( memorandum dated June 15, 1992 ) B. Bid 92-93 / Traffic Signal Bucket Truck ( memorandum dated June 15, 1992 ) C. Additional R -O -W Purchases / 1st St. SW / Gilmore, Sciaccotta, Hamilton, Guenthner Parcels (memorandum dated June 10, 1992) D. Additional R -O -W Purchases / 26th St (A. K.A. Walker Ave.) / Pastore and Hammel Parcel ( memorandum dated June 10, 1992 ) E. Release of Utility Liens (memorandum dated June 12, 1992) !SUN 23 1992 Frau. 7. CONSENT AGENDA (cont'd. ): F. Transfer of Chapter 7 and 17 1/4 of Indian River County Code (1976 Edition) to New Chapter 205, Parks and Recreation (memorandum dated June 5, 1992) G. Chapter 13 3/4 - Late Night Retail Stores ( memorandum dated June 10, 1992 ) H. "Combat Automobile Theft" Program ( memorandum dated June 10, 1992 ) I. Chapter 11 of Old Code to Chapter 208 of the New Code ( memorandum dated June 10, 1992 ) J . Special Law Enforcement Trust Fund - Request from Sheriff for Allocation ( letter dated 6-17-92) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS I. Amendment of Chapter 207 - Licensing 6 License Tax (memorandum dated June 11, 1992) 2. Increase in Penalty for Parking Violations in Disabled Parking Spaces (memorandum dated June 11, 1992) 10. COUNTY. ADMINISTRATOR'S MATTERS Recreation Study ( memorandum dated June 17, 1992 ) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None 11. DEPARTMENTAL MATTERS (cont'd. ): E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G.," PUBLIC WORKS 1. Proposed Tri -County Citrus Road West of V.B. ( memorandum dated June 16, 1992 ) 2. Full Time Resident Inspection Services for I.R. Blvd. Ph. IV ( memorandum dated June 16, 1992 ) 3. Request for Streetlight at Vista Gardens Access Road / 1. R. Blvd. (memorandum dated June 16, 1992) 4. Utility Relocation for Highway Construction Master Agreement between 1. R. C. & the Fla. Dept. of Transportation (memorandum dated June 15, 1992) S. Resolutions to Provide for the Paving & Drainage Improvements to and set Public Hearing Date for: 33rd Ave. SW between 15th St. SW 6 13th St. SW in Grovenor Estates S/D ( memorandum dated June 11, 1992) - - 6. Resolutions to Provide for the Paving 6 Drainage Improvements to and set Public Hearing date for: Seagrape Dr. between CR510 E Magnolia Lane in Oceanaire Heights S/D ( memorandum dated June 12, 1992 ) 7. Resolutions to Provide for the Paving 6 Drainage Improvements to and set Public Hearing date for: 3rd Place between 34th Ave. E 32nd Ave. in Emerson Park S/D (memorandum dated June 11, 1992) H. UTILITIES None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT 1. MACHO 2. Community Health Goals B. VICE CHAIRMAN MARGARET C. BOWMAN 'JUN 231,992 d JUN 23 992 _ . 13. COMMISSIONERS ITEMS (cont'd. ): - 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 1. Interlocal Agreements Residential Curbside Recycling ( memorandum dated June 11, 1992 ) 2. Closed Landfill Gifford Site ( memorandum dated June 11, 1992 ) 1S. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. Tuesday, June 23, 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, June 23, 1992, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird; Don C. Scurlock, Jr.; and Gary C. Wheeler. Vice Chairman Margaret C. Bowman was on vacation. Also present were James C. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDAZEMERGENCY ITEMS Chairman Eggert requested two additions to today's Agenda under her matters: 1. Discussion regarding the upcoming DNR hearing on the manatee protection plan. 2. Appointment to the Alcohol, Drug Abuse and Mental Health Board. Attorney Vitunac requested the addition of a discussion regarding Indian River Boulevard right-of-way, parcels 108, 110 and 111. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) added the above items to today's Agenda. CONSENT AGENDA Chairman Eggert requested that Item F be removed from the Consent Agenda for discussion. A. Reauest for Final Plat Approval for Windsor Beachside Plat I Windsor Properties Inc The Board reviewed the following memo dated 6/15/92: 1 !BOOK 66- F; u . 663 91 Fr- 7 K 23 1992 TO: The Honorable Members of the Board of County Commissioners DIVISION HEAD CONCURRENCE: Obert M. Keati , AI Community Deevelo men irector THROUGH: Stan Boling; AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Cur dt Development DATE: June 15, 1992 SUBJECT: Windsor Properties Inc.'s Request for Final Plat Approval for Windsor Beachside Plat I It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 23, 1992. DESCRIPTION AND CONDITIONS: On February 18, 1992, the Board of County Commissioners approved a conceptual PRD plan amendment to add 3.5 acres of property to the Windsor development. These 3.5 acres are part of a proposed 8.9 acre, 5 lot subdivision located on the north side of the Windsor development between S. R. A.1.A. and the Atlantic Ocean. Along with the conceptual PRD plan amendment, preliminary PRD plat approval was granted for the 8.9 acre, 5 lot subdivision. The applicant has now submitted for final plat approval for the subdivision, Windsor Beachside Plat I, which includes 5 single family lots and a recreation tract. ANALYSIS: The owner's agent, McQueen and Associates, Inc., is requesting final plat approval and has submitted the following: 1. A final plat in conformance with the approved preliminary PRD plat; 2. A completed Contract for Construction of Remaining Required Improvements; 3. An Engineer's Certified Cost Estimate for the remaining required improvements; and 4. An appropriate security arrangement acceptable to the County Attorney's Office. ANALYSIS: None of the required subdivision improvements have been constructed. The applicant is proposing to "bond -out" for the required subdivision improvements as provided for in the County's Land Development Regulations. The Public Works and Utility Services departments have reviewed and approved the submitted Engineer's Certified Cost Estimate and corresponding letter of credit amount. The County Attorney's Office has reviewed and 2 approved the submitted Contract for Construction, and the letter of credit which represents 115% of the estimated cost to construct the required improvements. It should be noted that all improvements within Windsor will be private, with the exception of certain utilities facilities that will be dedicated to Indian River County as required by the Utility Services Department. A portion of the area to be platted was previously platted with the Windsor Phase I - PD plat. The easements existing within the portion of the area being replatted will need to be released in consideration of the easements being dedicated with this plat. Attached is a resolution which has been approved by the County Attorney's Office providing for the release of these easements. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Grant final plat approval for Windsor Beachside Plat 1; and 2. Authorize the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements and accept the letter of credit that secures the contract; and 3. Authorize the Chairman to execute the attached resolution releasing easements within the portion of the area being replatted. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) granted final plat approval for Windsor Beachside Plat 1; approved the Contract for Construction of Remaining Required Improvements and accepted the letter of credit that secures the contract; and adopted Resolution 92-86, releasing certain dedicated easements with the plat of Windsor - Phase I PD, as set out in staff's recommendation. CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3 'JUN Fl� JUN 231,992 RESOLUTION NO. 92-$6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN DEDICATED EASEMENTS WITHIN THE PLAT OF WINDSOR - PHASE I PD. WHEREAS, the Board of County Commissioners of Indian River County approved the plat of Windsor - Phase I PD as recorded in Plat Book 13, Page 51, Public Records of Indian River County on January 22, 1991, and WHEREAS, the Certificate of Dedication upon the plat of Windsor - Phase I PD dedicated certain conservation easements to Indian River County, and WHEREAS, certain portions of those lands platted as Windsor - Phase I PD at Plat Book 13, Page 51F are being replatted as Windsor Beachside Plat I with newly configured conservation easements, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. In consideration of the dedication of conservation easements in the plat of Windsor Beachside Plat I, those conflicting dedications shown in the plat of Windsor - Phase I PD at Plat Book 13, Page 51F, Public Records of Indian River County, are hereby released to the extent of any inconsistency between the plats. 2. The Clerk is directed to record a certified copy of this Resolution in the Public Records of Indian River County, Florida. The foregoing resolution was offered by Commissioner Scurlock and seconded by C,.mmissioner Bird , and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert A y e Vice Chairman M-_ garet C. Bowman A b s e n t Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereu_ ,n declared the resolution duly passed and adopted this 23 day of ' 3„n p , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA T By:-� Carolyiv . EggertUhairman 4 L� B. IRC Bid #92-93 - Traffic Signal Bucket Truck The Board reviewed the following memo dated 6/15/92: DATE: June 15, 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 Manager SUBJ: Bid 92-93/Traffic Signal Bucket Truck Traffic Engineering BACKGROUND INFORMATION: Bid Opening Date: June 10 1992 Advertisement Dates: May 21, 27, 1992 Specifications Mailed to: Eighteen (18) Vendors Replies: Six (6) Seven (7) "Statements of No Bid" VENDOR Mike Shad Ford Jacksonville, FL *Heintzleman's Orlando, FL Johnny Stamm Ft Pierce, FL BID TAB VENDOR $32,162.50 $32,987.00 $34,276.84 TOTAL AMOUNT OF BID $32,987.00 _BUDGETED AMOUNT: SOURCE OF FUNDS: RECOMMENDATION: $40,000.00 BID TAB Al Packer Ford $35,674.00 West Palm Bch,FL Steel -Built Titusville, FL Al -Tec Birmingham, AL $39,495.00 $42,160.00 Traffic Engineering Automotive Fund Staff recommends awarding the bid to Heintzleman's Truck Center as the lowest, most responsive and responsible bidder meeting specifi- cations, even though Mikp Shad Ford was the, apparent low bidder. (See attached memo). Mike Shad Ford indicated that his bid was only good if the County ordered the truck by June 16, 1992, as we could not get all the approvals necessary by this date, this bid was not considered "responsive". 61 Milan Rim CaApproved i Dale Admin Legal Budget _ _9 Dept. Risk Mgr. aOG�. °�� `rout •�� FIR, J JUN 2 3 IN F,�6E k ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) awarded Bid 92-93 to Heintzleman's Truck Center as set out in staff's recommendation. C. Additional Rictht-of-Way Purchases / 1st St SW / Gilmore Sciaccotta Hamilton Guenthner Parcels The Board reviewed the following memo dated 6/10/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works DirectorAOIA,�'# and , Roger D. Cain, P.E. County Engineer FROM: Donald G. Finney, SRAM County Right of Way Agent SUBJECT: Additional Right -of -Way Purchases / 1st Street SW / Gilmore, Sciaccotta, Hamilton, Guenthner Parcels DATE: June.10, 1992 CONSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs an additional 30 feet of right-of-way for the petition paving project on 1st Street SW. The Board of County Commissioners previously approved the purchase of the right-of-way along this corridor on January 21, 1992. The property owners have.signed a sale/purchase contract for each of the parcels at the lands' appraised value of $.40 per square foot as follows: 1) Gilmore, .11 acre, $1,916.64 2) Sciaccotta & McMahon, .24 acre, $4,181.76 3) Hamilton, .11 acre, $1,916.64 4) Guenthner, .28 acre, $4,878.72 RECOMMENDATION AND FUNDING Staff requests the Board accept the four contracts and direct the Chairman to execute the contracts on the Board's behalf. FUNDING Petition Paving Project Account No. 173-214-541-066.12 6 � ® s ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) accepted the four contracts, as set out in staff's recommendation and authorized the Chairman's signature. CONTRACTS FOR SALE AND PURCHASE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Additional Right -of -Way Purchases / 26th Street (A.K.A. Walker Avenue) ---Pastore and Hammel Parcel The Board reviewed the following memo dated 6/10/92: 'IST • ��- � i TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. .Public Works Director and Roger D. Cain, P.E. County Engineer FROM: Donald G. Finney, SRA County Right of Way Agent SUBJECT: Additional Right -of -Way Purchases / 26th Street (A.K.A. Walker Avenue) / Pastore and Hammel Parcel DATE: June 10, 1992 CONSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs an additional 30 feet of right-of-way for the petition paving project on 26th Street. The Board of County Commissioners previously approved the purchase of the right-of-way along this corridor on January 21, 1992. The property owners have signed a sale/purchase contract for the parcel at the land's appraised value of $3,507.00 or $.35 per square foot for the .23 acre parcel. RECOMMENDATION AND FUNDING Staff requests the Board accept the contract and direct the Chairman to execute the contract on the Board's behalf. FUNDING Petition Paving Project Account No. 173-214-541-066.12 7 MCI JUN 2,31992 JUN 2 3 W2 BOOK S F'HU �ju, ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) approved the contract as set out in staff's recommendation and authorized the Chairman's signature. CONTRACT FOR SALE AND PURCHASE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Release of Utility Liens The Board reviewed the following memo dated 6/12/92: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: June 12, 1992 RE: CONSENT AGENDA - BCC MEETING 6/23/92 RELEASE OF UTILITY LIENS The following lien -related documents are prepared in proper form for the Board to authorize the Chairman to sign them: 1. 2. 3. 4. Releases of Special Assessment Liens from PHASE I WATER PROJECT in the names of: BLACK RYMARCHYK Satisfactions of Impact Fee Extension Liens in the names of McGEARY RIVER RUN Releases of Special Assessment Liens from 12TH STREET WATER PROJECT in the names of: BEHNER HOWDER WHITE SALSMAN Release of Special Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: BEGLEY 8 _I 5. Release of Special Assessment Lien from CITRUS GARDENS WATER PROJECT in the name of: SABONJOHN (2) MALONEY 6. ,Releases of Special Assessment Liens from SILVER OAKS WATER PROJECT in the names of: SHARP WEAVER WILD STOLL 7. Release of Special Assessment Lien from ROYAL POINCIANA WATER PROJECT in the name of: CORNELIUS ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) authorized the Chairman to execute the Satisfactions and Releases of Liens, as recommended by staff. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. Transfer of Chapter -7 and 171/4 of Indian River County Code (1976 Edition) to New Chapter 205 Parks and Recreation The Board reviewed the following memo dated 6/5/92: 9 ye 'A JUN 23 1992 N 231 92 _I BOOK E� TO: Board of County Commissioners / FROM: Terrence P. O'Brien - Assistant County Attorney Pd DATE: June 5, 1992 RE: TRANSFER, OF CHAPTER 7 AND 17 1/4 OF INDIAN RIVER COUNTY CODE - (1976 EDITION) TO NEW CHAPTER 205, PARKS AND RECREATION The attached ordinance is another step in the transition from the old code to the new code. The new code is essentially the same as the old code except ,tor some minor substantive changes with adds model airplanes, -golfing and skateboarding to the list of regulated activities in County parks. A public hearing date of July 28, 1992 suggested. Chairman Eggert wished to comment about alcohol being served at Sandridge Golf Club when we are an anti -substance abuse county and here we are continuing to approve the use of alcohol at our golf course clubhouse. She wished we at least could remove hard liquor. Commissioner Bird believed the amount of hard liquor sold is minute, that it is mostly beer. When the new clubhouse is open, we will take a look at it, and if the sales don't warrant it, we can consider deleting that portion. Commissioner Scurlock didn't want to see us get into a situation where this larger facility becomes a tavern or a hangout. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) scheduled a public hearing for July 28, 1992 to consider adopting an ordinance transferring Chapter 7, Festivals, and Chapter 10 17 1/4, Parks and Recreation, of the IRC Code (1976 Edition) to Chapter 205, Parks and Recreation of the IRC Code (1990 Edition) with certain minor substantive changes. G. Chapter 13 3/4 - Late Night Retail Stores The Board reviewed the following memo dated 6/10/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant C�o County Attorney DATE: June 10, 1992 SUBJECT: CHAPTER 13 3/4 - LATE NIGHT RETAIL STORES Chapter 92-103, Convenience Business Security Act preempts, for all practical purposes, local ordinances regulating this subject. Therefore Chapter 13 3/4 - Late Night Retail Stores will be preempted on December 31, 1992. The proposed ordinance repealing Chapter 13 3/4, therefore, has an effective date of December 31, 1992. A public hearing of July 28, 1992 is suggested. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) scheduled a public hearing for July 28, 1992 to consider adopting an ordinance declaring Chapter 13 3/4 Late Night Retail Stores null and void effective December 31, 1992. 11 JUN 23 992 100K 6` 1"ilu C H. "Combat_ Automobile Theft" Proqram The Board reviewed the following memo dated 6/10/92: TO: Board of County Commissioners FROM:q/�o Terrence P. O'Brien - Assistant County Attorney i DATE: June 10, 1992 SUBJECT: "COMBAT AUTOMOBILE THEFT" PROGRAM The Sheriff has requested that the County adopt a "Combat Automobile Theft" program as provided in Section 316.008 (6) , Florida Statues. A ordinance to this end is attached. A public hearing date of July 28, 1992 suggested. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) scheduled a public hearing for July 28, 1992 to consider adopting an ordinance providing for a "Combat Automobile Theft" Program. I. Chanter 11 of Old Code to Chapter 208 of the New Code The Board reviewed the following memo dated 6/10/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney 1p DATE: June 10, 1992 RE: CHAPTER 11 OF OLD CODE TO CHAPTER 208 OF THE NEW CODE Proposed Chapter 208 has been prepared based on the special assessment provisions of Chapter 11 of the 1976 edition of the Code. A public hearing date of July 28, 1992 suggested. 12 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) scheduled a public hearing for July 28, 1992 to consider adopting an ordinance amending Chapter 11, Indian River County Code (1976 Edition) and placing revised Chapter 11 in the New Code as Chapter 208, Special Assessment. J. Special Law Enforcement Trust Fund - Reauest from Sheriff for Allocation The Board reviewed the following letter dated 6/17/92: *btrtff RX'TIM� DOBECK • ADIAN RIVER CO .� UNTY P. O. BOX 608 MEMBER FLORIDA SHERIFFS ASSOCIATION PHONE 369.6700 MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH. FLORIDA 32961-0608 June 17, 1992 Honorable Carolyn K. Eggert, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Commissioner Eggert: This is a follow-up letter with regard to our conversation last week in which I detailed several operations the Indian River County Sheriff's Office will hi running between now and January 1993. be I have spoken to Jim Chandler with regard to having this placed on the consent agenda and also asked him to speak to the other County Commissioners regarding this matter. I would request that $15,000 be removed for the purchase of special equipment so that these operations will be a success. Respectfully yours, R. T. "Tim" Dobeck, Sheriff Indian River County RTD:rw owl JIJN 2 3 �S92 BOOK �"b FwA6E 101 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) approved the allocation of $15,000 from the Special Law Enforcement Trust Fund for the purchase of special equipment, as requested by Sheriff Tim Dobeck. PUBLIC HEARING -AMEND yMI'NT OF CHAPTER 207 -LICENSING LICENSE TAB The hour of 9:00 o'clock A.M. having passed, the .County Attorney announced that this public hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach/in Indian River County, 'Florida; that the attached copy of advertisement, being a �(! In the matter of In the A / 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 ore a t h ii t� day of A.D. tg ?— ..�L„ , rs< ±9 (Business Manager) 14 T NOTICE OF PUBLIC HEARING The Board of County Commissioners of Indian River H� rh sc ul�ey pprovides notice of a June 23, 1992, to discuss Vide followwing on Tuesday, Ordinance entitled: 9 Proposed AN ORDINANCE OF INDIAN RIVER 000N - TY, FLORIDA, AMENDING CHAPTER 207 - LICENSING AND LICENSE TAXES. Anyone who may wish to appeal any decision which m be made at the Pu bUc Hear(ng on June 23, 19)2, will need to ensure that a verbatim record of the proceedings Is made. which hicludes les rr" J� eviden uponwhichthe appeW 1.based. 905908 r The Board reviewed the following memo dated 6/11/92: TO: Board of County Commissioners if FROM: Terrence P. O'Brien - Assistant County Attorneygl ` - DATE: June 11, 1992 SUBJECT: PUBLIC HEARING - JUNE 23, 1992 - AMENDMENT OF CHAPTER 207 - LICENSING AND LICENSE TAX The attached revisions were discussed and considered by the Board of County Commissioners at a recent meeting. A public hearing date of June 23, 1992 was adopted by the Board. REQUEST: Staff recommends approval of the attached proposed ordinance. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) adopted Ordinance 92-23, amending Chapter 207 - Licensing and License Taxes. 15 MOO V l® Ft?uC. Yl� Jtf, r 2`31_992 ORDINANCE 92- _2.3 300K 86 F'A.UE 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 207 - LICENSING AND LICENSE TAXES. WHEREAS, the Indian River County Code imposes an occupational license tax on businesses operating in the county; and WHEREAS, the current exemption for charitable organization does not appear broad enough; and WHEREAS, there is disparate treatment among some professionals, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1.. CHARITABLE EXEMPTION AMENDMENT. Section 207.12 of the Indian River County Code is amended . by the deletion shown in brackets as follows: Section 207.12 Charitable, organizations; occasional sales; fundraising; exemptions No occupational licenses shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects [when the projects are performed exclusively by the members thereof] and when the proceeds from the activities are used exclusively in the charitable, religious, fraternal, youth, civil and service activities of the organization. SECTION 2. PROFESSIONAL SERVICES AMENDMENT. Paragraph 4 of Section 207.40 of the Indian River County Code which reads as follows: 4. Every individual or group of individuals who operate a branch office, or any professional corporation which operates an office in which a profession is practiced, shall license each office in which the profession is operated. is hereby deleted as follows: 4. [Reserved] SECTION 3. REAL ESTATE AGENT AMENDMENT. Paragraph 5 of Section 207.40 of the Indian River County Code is amended by the addition of the category "Real Estate Agent" as follows: 5. As used in this section, "profession" means an occupation or vocation requiring training in the liberal arts or the sciences and advanced study in a specialized field, and includes, but is not limited to, such professions as: 16 Accounts Analytical Chemists Architects Y Attorney Chiropractors Dentists Engineers Physicians Naturopaths Podiatrists Occultists Psychologists Opticians Real Estate Agents Optometrists Real Estate Brokers Osteopaths SECTION 4. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed. to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. Ort"ITTnAT K L'VVrt 4mrVL' Tl A TLS This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23 day of June , 1992. This ordinance was advertised in the Vero Beach Press -Journal on the 1 day of June , 1992, for a public hearing to be held on the 2 3 day of June_, 1992, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Bi rd , and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye Attest: ' A Jeffrev. K. Bartc JUN 23 1992 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By _ G Carolyn . Eggert Chairmaff 17 JUN 23 1992 BOOK 6F't�,Ut X, PUBLIC HEARING--- INCREASE IN PENALTY FOR PARKING VIOLATIONS IN DISABLED PARKING SPACES The hour of 9:00 o'clock A.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of. the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a 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 he purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before met is i h, day of A.D. 19 _4_ (Business Manager) NOTICE OF PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 a.m. on Tuesday, June 23, 1992to discuss the following proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING CHAPTER 306 "MISCCREASING THEUS OFFENSES" BY IN. PENALTY FOR VIOLA- TIONS REGARDING SPACES RESERVED FOR "PARKING BY DISABLED PERMIT ONLY" AND PROVIDING FOR THE DIS- POSITION OF SAID PENALTY, mm be made who mai the h to PubQcP8al any decision June which 23 1992, will need to ensure that a verbatim record of the pioceedings Is made, which includes testimon WW et 1992 upon which the appeal Is based, y Jun905917 The Board reviewed the following memo dated 6/11/92: TO: Board of County Commissioners l FROM: Terrence P. O'Brien - Assistant County Attorne , l.� DATE:. June 11, 1992 RE: PUBLIC HEARING - JUNE 23, 1992 - INCREASE IN PENALTY FOR PARKING VIOLATIONS IN DISABLED PARKING SPACES The attached proposed ordinance was prepared after discussions with Chairman Eggert on the general topic of disabled parking. REQUEST: Staff recommends approval of the attached proposed ordinance. 18 1 M Chairman Eggert explained that she asked for this to be brought forward because there has been a change in the law that allows us to use some of the additional penalty monies to improve accessibility and equal opportunity to qualified disabled persons in the county and to provide funds to conduct public awareness programs. She noted that this could lead to a follow-up ordinance that would allow a volunteer ticketing group such as the one that has been working successfully in St. Lucie County. Chairman Eggert reported that she has received a lot of requests from people who support an ordinance increasing the penalty to the maximum and allowing the additional funds to be used for related programs. Commissioner Bird wondered if the penalty should be $200 to be consistent with that of the City of Vero Beach, but Chairman Eggert explained that $250 is the maximum allowed by the State. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. Neil Duval, resident of Sebastian and president of the local Spinal Cord Association, held up a petition signed by 127 persons in favor of the ordinance increasing the penalty to $250 and in favor of a volunteer patrol. They feel this ordinance is very much needed to help slow down the illegal use of the disabled parking spaces. Colleen 8oullen, president of Citizens for a Barrier Free Community in St. Lucie County, appreciated the opportunity to address the Indian River County Commission. Their program has been to establish a handicapped parking patrol by volunteers who are trained by the Sheriff's Department in a 40 -hour course. Their violation penalty of $102 is much less than the maximum allowed by the State, but she felt that IRC's penalty would be a better deterrent to keep those who are not handicapped from using the handicapped parking spaces. Mrs. Scullen urged the Board to make provisions for a volunteer parking patrol and a public awareness program. In the year 19 JUN 23 1992 I 3 1992 I previous to the beginning of their program in Port St. Lucie, only 14 tickets were written. In the first two weeks of their program, 102 tickets were written. The problem is that 30% of those tickets were written to qualified disabled persons, which is where a public awareness program comes in. Disabled people need to be reminded that if they are going to use these parking spaces, they must display their placards and not keep them in the glove box. Mrs. Scullen felt there is a need to inform the disabled persons that they cannot be parking there if their spouse is driving. In addition, people need to know that there is no need to get a handicapped permit if you are driving someone who is disabled, because they have every right to park in that handicapped place to load and unload a handicapped person and then move their car to a regular parking space. A public awareness program is very much needed. Mrs. Scullen urged the Board to adopt the proposed ordinance. There being no others who wished to be heard, Chairman Eggert closed the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) adopted Ordinance 92-24, amending Chapter 308 "Miscellaneous Offenses" by increasing the penalty for violations regarding spaces reserved for "Parking by Disabled Permit Only" and providing for the disposition of said penalty. Chairman Eggert announced that the patrol ordinance will be coming before the Board as soon as it is ready. 20 ORDINANCE 92- 24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 306 "MISCELLANEOUS OFFENSES" BY INCREASING THE PENALTY FOR VIOLATIONS REGARDING SPACES RESERVED FOR "PARKING BY DISABLED PERMIT ONLY" AND PROVIDING FOR THE DISPOSITION OF SAID PENALITY. WHEREAS, Section 316.008 (4) , Florida Statutes provides that a county may enact a fine for illegal parking in spaces designated for the disabled, and WHEREAS, said section specifies a fine not to exceed $250.00, and WHEREAS, a maximum fine should act as a deterrent to Illegal parking in spaces properly marked, NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. AMENDMENT A new Section 316.07.1 of the County Code is added to read as follows: Section 306.07.1 Fine for parking violation of spaces a. marked for disabled persons The 'fine for the violation of Section 316.1955, Florida Statutes, entitled "Parking spaces provided by governmental agencies for certain disabled persons" or Section 316.1956, Florida Statutes, entitled "Parking spaces provided by nongovernmental entities for certain disabled persons" shall be $250.00 for each violation. b. Pursuant to Section 316.008, Florida Statutes, a separate county fund is established for the deposit of ' a portion of the money realized by fines imposed pursuant to this section. The portion of said fine that shall be deposited is $150.00. The monies so deposited are to be used in the following manner: 21 JUN 23199 I 'JUN 13 1992 I MK (1) one-third to be used to defray expenses for the administration of this subsection. (2) two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled person in the County and to provide funds to conduct public awareness programs in the County concerning physically disabled persons. SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23 day of June , 1992. This ordinance was advertised in the Vero Beach Press - Journal on the 1 day of June , 1992, for a public hearing to be held on the 2 3 day of June , 1992, and at the hearing it was moved for adoption by Commissioner W hee l p r and the motion was seconded by Commissioner Scurlock , and, adopted by the following vote: Chairman Carolyn K. Eggert A y e Vice Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS �;i,,,.�; •:+ ' INDIAN RIVER COUNTY, FLORIDA Attest: }... � By JeffreyV. Barton Carolyn. .Eggert Cler Chairm 22 SCHEDULING OF A JOINT MEETING WITH THE CITY OF VERO BEACH REGARDING THE RECREATION STUDY The Board reviewed the following memo dated 6/17/92: ' Board of County Commissioners DATE:FILE. • June 17, 1992 ' SUBJECT: Recreation Study FRO . James E.- Chandler REFERENCES: County Administrator The recreation consultants, Davis M. Griffith E Associates, have advised that the study will be completed and submitted at the end of July. As a result of discussions with city staff, a joint meeting of the County Commission and City Council is recommended for presentation of the report by the consultants. Scheduling of a meeting during the week of August 10th is proposed for consideration. JEC/mg ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0 Commissioner Bowman being absent) scheduled a joint meeting with the City of Vero Beach to at 9:00 a.m. on August 13 in the 1st Floor Conference Room of the County Administration Building to discuss the recreation study expected to be submitted by the consultants by the end of July. 23 Y J v 'Rou['{'U $ JUN 23 1992 BOOK " j F'A E l 'J PROPOSED TRI -COUNTY CITRUS ROAD WEST OF VERO BEACH The Board reviewed the following memo dated 6/16/92: TO: James E. Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Proposed Tri -County Citrus Road West of Vero Beach REF. LETTER: Scott Seeburger, DOT Planning Engineer to Robert Keating dated.May 15, 1992 DATE: June 16, 1992 FILE: citrus.jun DESCRIPTION AND CONDITIONS The Indian River Citrus League has petitioned the Florida DOT and Martin, St. Lucie, and Indian River Counties for the development/ construction of a major paved 2 -lane north -south citrus hauling road west of the developed coastal area. On May 8, 1992, staff attended a DOT Management Strategy meeting to discuss the entity responsible for managing the project and funding for planning and corridor studies. ALTERNATIVES AND ANALYSIS Minutes of the management strategy meeting are attached. Various alternatives were discussed regarding the appointment of a lead agency to manage the project. The alternatives include the DOT staff, the Treasure Coast Regional Planning Council, the St. Lucie MPO, and a tri -county Technical Committee represented by the three counties, TCRPC, and DOT. The Technical Committee approach was the most popular. The St. Lucie County Board of County Commissioners would manage funding through a DOT grant. On June 10, 1992, the Transportation Planning Committee approved the Technical Committee concept with St. Lucie County managing the funds. RECOMMENDATIONS AND FUNDING It is recommended that the Board endorse the citrus hauling route management plan whereby a technical committee comprised of representatives from Martin, St. Lucie, Indian River Counties, the Treasure Coast Regional Planning Council, and Florida DOT be appointed to manage the planning study. Funding would be included in*the FDOT FY92-93 Work Program. 24 i Commissioner Bird asked if our approving this today would commit us in any way to the portion of this road in Indian River County. He assumed this is simply to develop a plan on a proposed route after which there would be a series of public workshops or hearings where interested parties could state their positions. Public Works Director Jim Davis confirmed that there is no funding commitment at this time on behalf of the County; the DOT is funding the studies. People out west already have called in their objections to 66th, 74th and 82nd Avenues being potential candidates for this citrus route. Director Davis emphasized that this route -would not be a restricted roadway, it would be open to all traffic. Commissioner Wheeler felt it would be better to have the citrus road west of 90th Avenue or even west of I-95, and Director Davis advised that the whole purpose of the study is to look at the best corridors. Commissioner Wheeler hated to see us get too far down the road without some speculation of where the route will come through our county because of the residential development along those potential routes. Commissioner Scurlock had a real concern about 66th Avenue because that particular intersection on SR -60 would serve lands designated for a regional mall. Director Davis advised that the consultant will be selected by a 5 -person technical committee comprised of representatives from Martin, St. Lucie and Indian River Counties, the Treasure Coast Regional Planning Council and the Florida DOT. The committee will manage the consultant. He or Engineer Mike Dudeck would serve on the committee. 25 JUN 231992 JUS 199L frti,® E P17t, ��U, ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) endorsed a citrus hauling route management plan whereby a technical committee comprised of representatives from Martin, St. Lucie and Indian River Counties, the Treasure Coast Regional Planning Council, and Florida DOT be appointed to manage the planning study; and authorized Director Jim Davis or his representative to serve on the committee. Funding would be included in the FDOT FY -92/93 Work Program. FULL-TIME RESIDENT INSPECTION SERVICES FOR INDIAN RIVER BOULEVARD - PHASE IV The Board reviewed the following memo dated 6/16/92: TO: James E. Chandler., County Administrator FROM: James W. Davis, P.E., Public Works Director 4 SUBJECT: Full Time Resident Inspection Services for Indian River Boulevard Phase IV REF. MEMO: Jack Price to Jim Davis dated June 15; 1992 DATE: June 16, 1992 FILE: inspect.agn DESCRIPTION AND CONDITIONS On June 9, 1992, the Board approved an administrative fee of $747 (1.245% of $60,000 salary for 18 months) as proposed by "At Your Service" employment agency to administer the payroll and related employment services for the Indian River Boulevard Phase IV inspector, Bill Howard. Since that time, the agency has indicated that an error occurred in the $747 quotation previously submitted to the County, and their fee is actually 24.5% or $14,700 for the 18 month period. The Personnel Division received a lower fee quotation of 18% from Treasure Coast Personnel which results in a cost of $10,800 for the 18 month period. ALTERNATIVES AND ANALYSIS The Alternatives are as follows: 26 Alternative No. 1 Accept the proposal by Treasure Coast Personnel at a cost of $10,800 for the 18 month period. Alternative No. 2 Retain "At Your Service" at a cost of $14,700 for the 18 month period. Alternative No. 3 Se additional proposals. RECOMMENDATIONS AND FUNDING Staff recommends Alternative # 1 whereby the proposal by Treasure Coast Personnel to administer the payroll finction of the project inspector is accepted at a cost of $10,'800 for the 18 month period. Funding shall be from Fund 309 -Indian River Boulevard -North Project Fund. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bird, that the Board approve Alternative #1, as set out in staff's recommendation. Under discussion, Commissioner Bird had some reservations as to whether we need a full-time consultant, and Public Works Director Jim Davis explained that once the contract is issued for an outside contractor to begin his part of the work, this will be the largest County -funded transportation project we have had, and staff feels that a full-time resident inspector needs to be there to handle the pay requests, calculations, fill work and all the necessary minor detail work that has to go into managing a $5 - million to $6 -million project. Terry Thompson, who has been managing Phase III of the project as an engineering staff person when needed, will be there also, but her time would not be 8 hours a day, 5 days a week. Chairman Eggert noted that we had decided this when this was before us at an earlier meeting, but because the cost has increased, it has been brought back to the Board. Administrator Chandler explained that according to State regulations, if the employment contract extends beyond a 12 -month period, he would have to be brought on as an employee of the 27 JUN 23 1992 F'vut ti, County. Quite frankly, we would prefer to have a separate contract with him for 18 months and not have to go this route, but State law limits it to a 12 -month period. With this, our overall estimated cost is still significantly less than what we have anticipated if we had outside resident inspection. Personnel Director Jack Price stressed that one of the advantages of going with the personnel agency approach is that if we are not satisfied with the services of the individual, we can call the agency and there would be no liability in that area. Commissioner Scurlock still had a concern about the terms of liability by having this independent contractor out there interfacing between a number of parties. He would prefer the liability security that comes with the engineer providing the inspections services, but because of the wide difference in amounts in this particular situation, he would support it this time. However, he felt we have to be very careful in the future. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried 4-0, Commissioner Bowman being absent. REQUEST FOR STREETLIGHT AT VISTA GARDENS ACCESS ROAD/INDIAN RIVER BOULEVARD The Board reviewed the following memo dated 6/16/92: 28 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request for Streetlight at Vista Gardens Access Road/Indian River Boulevard REF. LETTER: Bob Albright, Manager of Vista Gardens Property Owners Association to Jim Davis dated Feb. 26, 1992 DATE: June 16, 1992 FILE: visgdns.agn DESCRIPTION AND CONDITIONS Staff has received a request for a County funded street light at the intersection of the new Vista Gardens Access Road and Indian River Boulevard South.. The residents of the Vista Gardens community are mostly retired citizens who have difficulty delineating the intersection at night. At the current.time, the County funds 40i streetlights at roadway intersections along collector roads, not including those along major arterial corridors such as SR60, USI, or AlA and those in streetlight districts. ALTERNATIVES AND ANALYSIS Staff has performed a streetlight warrant analysis for the intersection. Based on a score of 53.6 points for this location, the minimum warrant of 75 points is not met. This low score is attributed to a low frequency of accidents at this location over the past three years (0 accidents reported). The Alternatives presented are: Alternative No. 1 Since minimum warrants are not met, deny the request and recommend to the Vista Gardens Association that they consider funding a street light at this location under the single street light agreement program. The cost to the Association would be -approximately $180/year. Alternative No. 2 Approve the request for a County funded street light for the following reasons: 1) The Vista Gardens Access Road intersects Indian River Boulevard at a location on a horizontal curve near US Highway 1. 2) Vista Gardens is a large residential community* of retired citizens. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. 29 3 199°2 {_ • ll 'Z (�-^ J I JUN 3 ' 99 Wal- Azv4 AJorrdJ. BOOK 6, F'1uE 1- 7 Chairman Eggert commented that she still feels that the curve coming off of U.S-#1 onto Indian River Boulevard is the worse we have in the whole of the place. Public Works Director Jim Davis presented staff's recommendation for denial of this request and recommended that the property owners association enter into a single streetlight agreement program. He advised that the average cost is $180 a year per streetlight. Commissioner Wheeler was interested to see if the property owners' association would be willing to fund it, but wanted to see the light installed in any event. In fact, he didn't feel we had enough streetlights on the Boulevard. It is difficult at night, particularly if it is raining, and streetlights go a long way in preventing accidents. The streetlight is needed, but the question is who is to pay for it. Commissioner Scurlock agreed that the big question is who will pay for it. If we are going to adopt a new, major policy to fund the installment of a streetlight at major intersections or intersections that meet a certain level, that is a big policy 30 M M M change from what we are doing currently. He stressed that if we start placing streetlights in unincorporated areas of the county, we had better set some pretty stringent requirements. Maybe it is something we want to do, but it is going to cost a pretty big chunk if we start getting into the streetlight business county -wide. Commissioner Wheeler felt we would evaluate each one as they came forward. He believed this is one of our primary responsibilities as county government. He pointed out that we probably are involved in a lot of areas where we should not be, whereas this is an area we should be in. Commissioner Scurlock recalled that communities like Gifford came to us and proposed a streetlighting district and they are paying an assessment. We have been consistent with that policy throughout the county. Chairman Eggert didn't have a problem with that, but there is a lighting problem at this intersection. In fact, she has asked for reflectors to be pasted on the side of the curb as you come off U.S. #1 and you get into that other black curve. Bill Koolage, 11 Vista Gardens Trail, explained that when Indian River Boulevard was constructed, there were some design problems. There is a bend in the road there, and as you approach from the north to make your exit, you cannot see over that bend. It is a blind spot; there are no curve lines and you cannot judge. One of the residents put some red tape on a little stake so it' would reflect the headlights. There are no curve lines in the road and you are making a dead shot over that hill and it is hard to determine whether you are going to be too far left or right. Another problem in the design is that there is not a proper access from 8th Street onto the Boulevard because there is no stacking lane. We have provided exit lanes from the Boulevard where you can pull over, but nowhere have we considered the narrow median in crossing the Boulevard and getting into traffic. If you are coming off of 8th Street to go north on the Boulevard, you are a dead duck 31 KOK F'.JUN 23 `992 �, in that narrow median with the front end of your car being over on one lane and the rear end being in the opposite lane of traffic. He emphasized that the traffic on the Boulevard is getting faster all the time and that a streetlight is needed there because of the design of the road. It is not like a normal flat surface. There is a bevel in that road that takes you on the curve and that is the thing that you can't see over as you approach it. Mr. Koolage urged the Board to install a streetlight there, however it be done. He didn't know if any of the property owners are willing to do it, but the people he has talked to dread coming in there. However, it is still a better entrance to Vista Gardens than off of U.S.#1 just south of 4th Street. Joe Perkins, resident of Vista Gardens for a number of years, stated that he does not drive at night very much anymore, but one night just recently he overshot the entrance even though he knew where it was. He could understand why other people make the same mistake and how that ultimately could result in a bad accident. Director Davis advised that his crews were out there this morning installing some better reflectors and posts to delineate the entrance a little better. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board approve staff's recommendation of Alternate #1 to deny the request and recommend to the Vista Gardens Association that they consider funding a streetlight at this location under the single streetlight agreement program at an approximate cost of $180 a year. Under discussion, Commissioner Wheeler said he planned to vote against the Motion because he feels we have a responsibility there not only to the residents of Vista Gardens but to those people driving on Indian River Boulevard. He felt it is a major 32 f j intersection and a dangerous intersection at night and that the County should install the streetlight. Commissioner Scurlock felt that to be consistent we should start talking.. -about installing streetlights at the intersections along SR -60 that don't have streetlights. For example, there is no decelerating lane from SR -60 at the entrance to his subdivision, and with 60 mph traffic bearing down on you, you have to make a 90 degree turn into the subdivision without having the advantage of a streetlight to mark the spot. His concern was establishing a precedent where we are going to have to go through the entire county and do a County -funded streetlight at every similar situation. Commissioner Wheeler thought that might not be a bad idea. Commissioner Bird asked about the streetlight warrant analysis for the intersection, and Director Davis advised that the intersection received 24 points of its 53 points due to the curvature of the roadway and the concave nature of the curve coming in there. Commissioner Scurlock asked how many other significant intersections we would be looking at in the county, and Director Davis estimated it would be in the hundreds. Commissioner Wheeler felt there is a lot of difference between what we are looking at here and that of a lot of the other major intersections. There is heavy traffic there from Wal-Mart and a major intersection coming out of all the residential areas to the west and probably 500-1000 residents coming out of Vista Gardens. There is a curve there that causes a problem. He felt it is a unique situation and a unique intersection. He didn't feel a lot of the intersections in the county would meet the same uniqueness as that curve and the entrance into Wal-Mart and the traffic. Wal- Mart is probably one of the busiest stores in the county. Commissioner Scurlock agreed that a streetlight should be installed, but questioned the County paying for it. He pointed out 33 c}s I that $180 a year spread over 1000 residents doesn't seem to be an unreasonable situation. Commissioner Wheeler stated that he would agree if it was only Vista Gardens residents that would benefit, but other people would benefit from that streetlight. COMMISSIONER BIRD WITHDREW HIS SECOND TO COMMISSIONER SCURLOCK' S MOTION, WHICH THEN DIED FOR LACK OF A SECOND. Commissioner Bird explained he withdrew his second because Commissioner Wheeler had convinced him that this situation is unique and that we probably should go ahead and place a streetlight there. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (3-1, Commissioner Scurlock dissenting and Commissioner Bowman being absent) approved Alternative #2, approving the request for a County -funded streetlight for the following reasons: 1) The Vista Gardens Access Road intersects Indian River Boulevard at a location on a horizontal curve near U.S. #1. 2) Vista Gardens is a large residential community of retired citizens. Chairman Eggert wanted the Minutes of this meeting to reflect that this decision was made because the intersection and situation was considered unique because she didn't feel this is something that we should be doing all over the county. She felt that without the uniqueness statement, it could be considered a precedent and she didn't want that to happen. Commissioner Wheeler didn't have a problem with that because he felt it was unique and would stand up as unique. 34 Commissioner Scurlock cautioned that in the future "unique" is going to be the word, i.e. Village Green, Countryside, etc. Chairman Eggert interjected that the SR -60 area is flat roadway; it is -not on a hill, nor a curve. Commissioner Wheeler added that it is a combination of things that make it unique, not just the traffic. UTILITY RELOCATION FOR HIGHWAY CONSTRUCTION MASTER AGREEMENT BETWEEN IRC AND FDOT The Board reviewed the following memo dated 6/15/92: TO: James E. Chandler, County Administrator f, FROM: James W. Davis, P.E., Public Works Director SUBJECT: Utility Relocation for Highway Construction Master Agreement between Indian River County and the Florida Department of Transportation REF.LETTER: C.J. Blanton, Jr., FDOT Utilities Engineer to James Davis dated May 21, 1991 DATE: June 15, 1992 FILE: utilagr.agn DESCRIPTION AND CONDITIONS In cooperation with the Florida Utilities Coordinating Committee, the Department of Transportation is presenting for consideration by the County Commissioners, the attached Utility Relocation Master Agreements. The intent of these documents is to circumvent the current necessity of processing for legal execution a separate agreement for each individual state -highway project involving utilities owned and operated by the County. The agreement proposal is not retroactive and would apply only on future highway projects. This also does not involve any change in current liaison procedures for pre -design conferences and normal development of Utility Relocation Plans and Scheduling. ALTERNATIVES AND ANALYSIS The following alternatives are presented: 35 r JUN 23 A92 5 ^ h t!uE 2" Alternative No. 1 Authorize the Chairman to sign Form #723-52 Relocation at the expense of parties other than the Department, and Resolution 92- (Form #723-49); and Form #723-53 Relocation paid for by Highway Funds, and Resolution 92- (Form #723-50). Alternative No. 2 Deny authorization of agreements between Florida Department of Transportation and the County. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. No funded to be expended. Commissioner Scurlock asked if we received a sign -off from Utilities on this, and Public Works Director Jim Davis stated that he got a memo back from Utilities saying they didn't have a problem with it. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent), approved staff's recommendation of Alternative No. 1 as set out in the above memo; and adopted Resolutions 92-93 and 92-94, which are as follows: 36 ►OwrA 123•49 1 -Gs PAGE 1 Of 1 STATE Of FLORIDA DEPARTMENT Of TRANSPORTATION olvo$" of ►RECONSTRUCTION AND DESIGN COUNTY RESOWTION UTILITY RELOCATION MASTER AGREEMENT (AT COUNTY EXPENSE) A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES RELOCATIONMASTER AGREEMENT FOR THE ADJUST.NTENT. CHANGE OR RELOCATION OF CERTAIN UTILI. TIES''HERE LOCATED ON PROPERTY IN'•HICH THE COUNTY HAS NO COMPENS- ABLE INTEREST. AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 9z-9 3 - ON MOTION OF Commissioner Sc 1, r 3 o.Ck , seconded b% Commissioner Ri rd , the following Resolution was adopted: WHEREAS. the State of Florida Department of Transportation propo=es to engage in certain projects for construction, reconstruction or other change of portions of the State Highway System; AND WHEREAS, in order for the State of Florida Department of Transportation to complete said projects, it may be necessary that certain utilities and facilities located on property in which the County holds no compensable interest be adjusted, changed or relocated; AND WHEREAS. the State of Florida Department of Transportation having requested the County of Indian River , Florida, to execute and deliver to the State of Florida Department of Transportation an Utilities Relocation Master Agreement, agreeing to make or cause to be made such adjustments, changes or relocation of said utilitiesend facilitiesas set forth in the plans and specifications for that project, and said request having been duly considered; . NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said County that the Chairman and Clerk be and they are hereby authorized and directed to make. execute and deliver to the State of Florida Department of Transportation an Utilities Relocation Master Agreement for the adjustment, change or other relocation of utilities and facilities located on property in which the County holds no compensable Interest. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee. Florida. INTRODUCED AND PASSED by the Board of County Commissioners of I n d i a n R iy e r County. Florida In regular session. this 2 -1 day of June 19 9? �-Ylnz Chairma of the Bo County Commissionen sh `, Carolyn K. Egger I ATTEST: Clerk of the Board of Courdy-.Commissioners T QAR7'�A/ 37 JUN 23 N92 In.1rl Riva Co Approved Dala AJrnirt. >� Legal puC9ct Risk Mvr_ JUN 231932 - _ 1u0K.. 6 F,�,r`0) FORM 723.52 1.87 FAGZ / OF 7 -� STATE OF FLORIDA DEPART14UNT OF TRANSPORTATION DIVISION OF ►RECONSTRUCTION AND DESIGN Utility Relocation Master Agreement (At County Expense) THIS AGREEMENT, made and entered into this 07 3 day of 7" pig 191-� by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, hereinafter called the DEPARTMENT, and the COUNTY of s11414,v /1.u6a a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS. the DEPARTMENT proposes io engage in certain projects for construction, reconstruction and other change of portions of the State Highway System which shall call for the relocation of the COUNTY'S facilities along, over and under the highways on said projects, viz: Any and all COUNTY owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV -cable sys- tems, including poles, pole lines and underground facilities thereof, and any other COUNTY owned or operated facilities or utilities within the limits of said projects, AND WHEREAS, the plans for said construction, reconstruction or other change are to be reviewed by the DEPARTMENT and the COUNTY; such utility relocation to hereinafter be designated as "Relocation Work"; AND WHEREAS. under the laws of the State of Florida said "Relocation Work" must be accomplished at the sole expense of the COUNTY when COUNTY'S facilities lie on property in which the COUNTY holds no compensable interest; NOW. THEREFORE, in consideration of the mutual covenants hereinafter contained it is agreed by the parties as follows: 1. When the DEPARTMENT has served an order on the COUNTY regarding relocation of the COUNTY'S facilities along, over and under property in which the COUNTY holds no compensa. ble interest. the COUNTY agrees to make of cause to be made all arrangements for necessary adjustment of changes of its facilities at COUNTS~S own expense and in accordance with the provisions of Rule 014.46.01 "Utility ,Accommodation Guide," Florida Administrative Code, dated May 4. 1970; any supplements or revisions thereof as of the date of this Agreement, which, by reference hereto, are made a part of this Agreement; and the plans. designs and specifications of the DEPARTMENT for construction or reconstruction of said portions of the State Highway System, prior to the advertising for bid on said project. The COUNTY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the COUNTY, all under the directions of the DEPARTMENT'S engineer. 2. The COUNTY further agrees that said adjustments, changes or relocation of facilities will be made by the COUNTY with sufficient promptness so as to cause no delay to the DEPARMENT or its contractor in the prosecution of such construction or reconstruction work. provided, however, that the COUNTY shall not be responsible for delay beyond its control: and that such "Relocation Work" will be done under the direction of the DEPARTMENT'S engineer; and the COUNT" further agrees that in the event the changes, adjustments or relocation of such facilities or utilities are done simultaneously with the construction project, that it will be directly responsible for handling of any legal claims that the contractor may initiate due to to delays caused by the COUNTY'S negligence: and that the COUNTY will not either proceed with the "Relocation Work" with its own forces or advertise or let a contract for such work until it has received the DEPARTMENT'S written authority to proceed. 3. The COUNTY further agrees that it will maintain and keep in repair, or cause to be mainjained and kept in repair, all of such adjusted, changed or relocated COUNTY owned or operated facilities or utilities within the right of way of said portion of the State Highway System; and to comply with all provisions, of the law, including, Rule 014.46.01. 4. The DEPARTMENT agrees to furnish the COUNTY with all necessary highway construc- tion plans that are required by the COUNTY to facilitate the COUNTY'S "Relocation Work". 38 5. The DEPARTMENT further agrees that the COUNTY may relocate its facilities upon the State's right of way, according to the terms of the standard permit required by the State Statutes for occupancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT as of the date of this Agreement. 6. It is mutually agreed that the COUNTY'S plans, maps or sketches showing any such facility or utility to be adjusted. changed or relocated on any individual "Relocation Work" project are, when approved by the DEPARTMENT, made a part hereof by reference. 7. The COUNTI' further agrees to indemnify, defend, and save harmless and exonerate the DEPART.NIENT of and from all liability, claims, and demands for contractual liability rising out of the work undertaken by the C&NTY, its employees, agents, representatives, or its subcontractors due in whole.or in part. to conditions, actions, oromissionsdone orcommitted by the COUNTY: or its subcontractors, its employee-., agents. representatives, or its subcontractors. It is specifically understood and agreed that this indemnification agreement does not cover nor indemnify the DEPARTMENT for its own negligence or breach of this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTME T OF TRANSPORTAT BY (SEAL) Sta 6011ighway Engineer ATTEST: Executiv ecretary ---._' ndi ap 9fiber_ _ COUNTY, FLORIDA BY: '�Carol'yn Egger oard of County _M92M W,,, Title: �is ) : AdmiATTEST: Lszlyw Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: stant Attorney 39 R!sn -i5- r JUN 23 A92 0000 FORM 727-118 1-0s PAGE 1 OF 1 - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PRECONSTRYCTION AND DESIGN COUNTY RESOLUTION UTILITY RELOCATION MASTER AGREEMENT A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES RELOCATION MASTER AGREEMENT FOR THE ADJUSTMENT' CHANGE OR RELOCATION OF CERT -API' UTILITIES ''HERE LOCATED ON PROPERTY IN WHICH THE COUNTY HAS COMPENSABLE INTEREST% AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 92-94 ON MOTION OF Commissioner ---Scurlock -- Bird seconded by , the following Resolution was adopted: 'WHEREAS, the State of Florida Department of Transportation proposes to engage in certain projects for construction, reconstruction or other change of portions of the State Highway System; AND 'WHEREAS, in order for the State of Florida Department of Transportation to complete said projects. it may be necessary that certain utilities and facilities located on property in which the County holds compensable interest be adjusted, changed or relocated; AND WHEREAS, the State of Florida Department of Transportation having requested the Count• of Indian River Florida, to execute and deliver to the State of Florida -Department of Transportation an Utilities Relocation Master Agreement, agreeing to make or cause to be made such adjust- ments, changes or relocation of said utilities and facilities as set forth in the plans and specifications for that project, and said request having been duly considered; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said Count that the Chairman and Clerk be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation and Utilities Relocation Master Agreement for the adjustment, change or other relocation of utilities and facilities located on property in which the County holds compensable interest. and for which the County is entitled to be reimbursed for the cost of said utility relocation. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED AND PASSED by the Board of County Commissioners of T n d i a re R i v A r County, Florida in regular session, this 23 day of - .l i i _ n 1 qR_ 1992 , or 'a y ➢ e 1tVA� y Commissioners ATTEST: Clerk o f County Commissione s Indian River Cn APorOved Owe Admire. ��}� t.egai d 6 -•/7 -HZ Sudget Not. Risk Mgr. 40 r SM 7a3.9a 1-/1 PAGE 1 OF 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF ►RECONSTRUCTION AND DESIGN UTILITY RELOCATION MASTER AGREEMENT RELOCATION FROM PRIVATE PROPERTY (COUNTY) THIS AGREEMENT, made and entered into this _ 93 _day of J 41 g3 a 19819.9.8 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTJIENT, and the COUNTY of Indian River a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT proposes to engage in certain projects for construction, reconstruction or other change of portions of the State Highway System which shall call for the relocation of the COUNTY's facilities along, over and under the highways on said projects, viz: Any and all COUNTY owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV -cable systems, including poles, pole lines and underground facilities thereof, and any other COUNTY owned or operated facilities or utilities within the limits of said projects; AND WHEREAS, the plans for said construction, reconstruction *or other change are to be reviewed by the DEPARTMENT and the COUNTY; such utility relocation to hereinafter be designated as "Relocation Work"; AND WHEREAS, under the laws of the State of Florida the expense of said "Relocation Work" may qualify for reimbursement to the COUNTY where COUNTY'S facilities lie on property in which the COUNTY holds a compensable interest; AND WHEREAS, the term "cost of relocation" shall include the entire amount paid by the COUNTY properly attributable to each such relocation after deducting therefrom any increase in the value of the new facility and any salvage value of materials recovered from the old facility; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. When the DEPART11ENT has served an order on the COUNTY regarding relocation of the COUNTY'S facilities along, over and under property in which the COUNTY holds a compensable interest, the COUNTY hereby agrees to relocate the necessary parts of said facilities in accordance with the provisions set forth in DEPARTMENT Rule 014.046.01 "Utility Accommodation Guide." Florida Administrative Code, dated IkIay 4, 1970; any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COUNTY further agrees to do all of such work with its own forces or by a contractor paid under a contract let by the COUNTY, all under the supervision and approval of the DEPARTMENT. 2. The COUNTY further agrees to fully comply with the provisions of Title VI of the Civil Rights Act of 1964 in connection with the "Relocation Work" covered by this agreement, and such compliance will be governed by the applicable method described hereafter: a. When the COUNTY will perform all or part of such "Relocation Work" by a Contractor paid under a contract let by the COUNTY, then the Appendix "A" of Assurances attached to this agreement will be included in said contracts let by the COUNTY; b. When the COUNTY will perform all of such "Relocation Work" entirely with COUNTY'S forces, then Appendix "A" of Assurances is not required; c. When the "Relocation Work" involved is agreed to by way of just compensation for the taking of COUNTY'S facilities right of way in which the COUNTY holds a compen- sable interest, then Appendix "A" of Assurances is not required; 41 nor JUK 23 d. When the COUNTY will perform all such "Relocation Work" entirely by continuing contract, which contract to perform all future "Relocation Work" was executed with COUNTY'S Contractor prior to August 3,1965, then Appendix "A" of Assurances is not required. 3. The DEPARTMENT hereby agrees to reimburse the COUNTY for all costs incurred by it in each such relocation of said facilities, in accordance with the provisions set forth in DEPART- NIENT Procedure 132.046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and any supplements or revisions thereof. It is understood and agreed by and between the parties that preliminary engineering costs not incorporated in the COUNTY's plans and esti- mates, as approved by the DEPARTMENT, shall not be subject to payment by the DEPART- MENT. 4. Plans and specifications of the work to be performed by the COUNTY on each project contemplated under the terms of this agreement are made a part hereof by reference, upon approval by the DEPARTMENT. All work performed by the COUNTY pursuant hereto shall be performed according to these plans and specifications as approved by the DEPARTMENT, and all subsequent plan changes shall likewise be approved by the DEPARTMENT. All "Relocation Work" covering facilities to be relocated to a position within the highway right of way will be accommodated in accordance with the provisions of said "Utility Accommodation Guide," and any supplements thereto or revisions thereof. 5. All labor, services, materials and equipment furnished by the COUNTY in carrying out the work to be performed hereunder on each project shall be billed by the COUNTY direct to the DEPARTMENT. Separate records as to the cost of contract bid items and force account items performed for the COUNTY on each project shall also be furnished by the COUNTY to the DEPARTMENT. 6. The COUNTY and the DEPARTMENT agree that the method to be used in developing the relocation or adjustment cost may be any of the following: a. Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. b. Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COUNTY and approved by the DEPART- MENT. c. An agreed lump sum as supported by a detailed analysis of estimated cost, such specific sum and analysis to be attached to the COUNTY's plans and specifications and approved by the DEPARTMENT (Note: This method is not applicable where the estimated cost of the proposed adjustment exceeds $25,000). The COUNTY shall clearly state the applicable method in its plans, specifications and estimates as submitted to the DEPARTMENT. 7. The DEPARTMENT and the COUNTY agree that the adjustment of the COUNTY'S facilities on individual projects may require the operation of the old facility until the new facility is functioning. If the old facility must remain in operation until the new facility is functioning, the reason(s) must be clearly stated in the COUNTY'S plans, estimates and specifications as submitted to the DEPARTMENT. 8. The DEPARTMENT and the COUNTY agree that the proposed new facilities on individual projects to be installed in the COUNTY'S system may remain in useful service beyond the time when the overall (old) facility, of which it is a part, is replaced. If the new facility will remain in useful service as above and indicated in the COUNTY'S plans and specifications, or if an entirely new facility is constructed and the old facility retired, credit for expired service life will apply and the estimated or actual credit must appear in COUNTY'S plans and estimates. 42 7-7 i 9. The adjustment of the COUNTY'S facility on each project may involve additional "Reloca- tion Work" over and above the minimum reimbursable requirements of the DEPARTMENT; which condition shall be clearly stated in the COUNTY's plans, estimates and specifications. If upgrading or nonreimbureable "Relocation Work" is involved at the option of the COUNTY on any project, then credit against the cost of the project is required and will be governed by the applicable method described hereinafter: a. A certain percentage being applied to the final billing of work actually ac. complished to determine required credit for betterment, expired service life or non. reimbursable segments such percentage to be clearly stated and explained in COUN- TY'S plans and estimates. b. All "Relocation Work" involving nonreimbursable segments being performed by special COUNTY work or job order number apart and separate from reimbursable "Relocation Work," such work or job order number to be clearly stated in COUNTY'S plans, estimates and specifications as submitted to the DEPARTMENT. The COUNTY further agrees to clearly identify such work areas in the COUNTY'S plans and specifica- tions for the "Relocation Work" covered under this agreement; c. A certain lump sum credit for betterment, expired service life or nonreimbursable segments in accord with Article 6(c) hereinabove and clearly stated in the COUNTY'S plans and estimates. 10. It is specifically agreed by and between the DEPARTMENT and the COUNTY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COUNTY as a result of the above relocation work. 11. It is further agreed that the cost of all improvements made during the relocation work on each project shall be borne by the COUNTY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of relocation of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 12. Upon completion of the work on each project the COUNTY shall, at the earliest date practicable, and in no event later than one hundred eighty (180) days following the date of completion of the "Relocation Work" by the COUNTY, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work on each project performed hereunder, such statement to follow as closely as possible the order of the items contained in the COUNTY's estimate as approved by the DEPARTMENT. Upon the COUNTY's failure to submit proper billing within the 180 day period, the DEPARTMENT may at its discretion, audit the COMPANY'S records and thereby determine the reimbursable amount. The COUNTY hereby waives any right of appeal or protest of such amount as determined by audit. The totals for labor, overhead expense, transportation equipment, material and supplies, handling costs, and other services on each project shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components or costs in the relocation, following the pattern set out in the approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bill in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of each project; the date on which the first work was performed, or, if preliminary engineering right of way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred, and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COUNTY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices prepared in accordance with the provisions of the DEPART\1ENT Procedure No. 132-046, the DEPARTMENT agrees to reimburse the COUNTY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The DEPARTMENT shall retain ten percent from any progress payments. 43 JUN 23 199 L— JUN 23 1��'92 13. The COUNTY further agrees to indemnify, defend and save harmless and exonerate the Department of and from all liability, claims, and demands for contractual liability rising out of the work undertaken by the COUNTY, its employees, agents, representatives, or its subcontrac- tors due in whole, or in part, to conditions, actions, or omissions done or committed by the COUNTY; or its subcontractors, its employees, agents representatives, or its subcontractors. It is specifically understood and agreed that this indemnification agreement does not cover nor indemnify the DEPARTMENT for its own negligence or breach of this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officer, and their official seals hereto affixed the day and year above written. STATE OF FLORIDA DEPARTMEJR OF TRANSPORT4TI d0000=X.,iiway Engineer ATTEST: Executiv S cretary 44 COUNTY, FLORIDA ' BY: h • . 2 i ( SEAL) CarolynIK. Egge Board of County (Title: ) In��►Rlrc Cn Aporoved Date Admin. 9—/7Leg2l 70 7 - ATTEST: eudget _ep .____----_--- L --_ 6 • Risk Mgr. Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney 44 FIRST AND SECOND RESOLUTIONS FOR PAVING & DRAINAGE IMPROVEMENTS FOR 33RD AVENUE - GROVENOR ESTATES SUBDIVISION The Board reviewed the following memo dated 6/11/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.EYEErT Public Works Direc and Roger D. Cain, P.E County Engineer 777�'— FROM: Michelle A. Gentil Civil Engineer SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for: 33rd Avenue SW between 15th Street SW and 13th Street SW in Grovenor Estates Subdivision DATE: June 11, 1992 DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for the following: 33rd Avenue SW between 15th Street SW and 13th Street SW in Grovenor Estates Subdivision The petition was signed by owners of 20 of the 32 properties in the proposed benefited area. This represents 63 3s of the parcels in the proposed benefited area. When this petition was originally received by the Engineering Division there were at least 67% of the property owners in favor of this project. Due to some property being sold, the petition now has the above mentioned percentage in favor of this project. All the property owners were informed of a meeting held on June 3, 1992, in the County Commission Chambers to discuss any questions relative to this project. Our conclusion, from this meeting is there does not appear to be resistance to this project at this time, therefore Engineering staff recommends presenting this project to the Board of County Commissioners for a public hearing to determine if we should go forward with construction. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, July 14, 1992 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. 45 JUN 23 1992 I JUN 23 1992 mo.Fiiu RECOMMENDATION AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $48,107.93 from the Petition Paving Account #173-214- 541-035.39. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) approved staff's recommendation as set out in the above memo, and adopted Resolutions 92-87 and 92-88, which are as follows: 46 Providing (First Reso.) 2/20/91(ENG)RESI.MAG\gfk RESOLUTION NO. 9'2-87 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 33RD AVENUE SW BETWEEN 13TH STREET SW AND 15TH STREET SW, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 33rd Avenue SW between 13th Street SW and 15th Street SW. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is FORTY EIGHT THOUSAND ONE HUNDRED AND SEVEN DOLLARS and NINETY THREE CENTS ($48,107.93); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($36,080.95) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($12,026.98) will come from Petition Paving Account; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days -after the final determination of the special assessment pursuant to Section 11-47, Indian River County Code of Laws and Ordinances; and 47 JUN 23 199 :too F„,L �'_ J U.N 2 3 1992 f oo b J No. 92-_aZ WHEREAS, any `special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit fromthese improvement, to wit: Lots 1 through 8, Block 28; Lots 9 through 16, Block 29; Lots 9 through 16, Block 37; Lots 1 through 8, Block 38; Grovenor Estates Subdivision Unit 2-A, as Recorded in Plat Book 5, Page 19 of the Public Records of Indian River County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 33rd Avenue Sw between 13th Street SW and 15th Street SW; heretofore designated as Public Works Project No. 8926 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq.,, Indian River County Code of Laws and Ordinances. 48 Wheeler No. 92-87 The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner Bird vote was as follows: and, upon being put to a vote, the Chairman Carolyn K. Eggert Aye Vice -Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 23 day of June , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By CAROLYN KVEGGERVJChairman Attest.*' JEF K. BARTON, Clerk 49 JUN 23 1992 Ni Ni ;z ,. , �I ME MW Ni Ni ;z IN 2931992 UL Time and Place (Second Reso.) 2/20/91(ENG)RES2.MAG\gfk RESOLUTION NO. 92--32_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 33RD AVENUE SW BETWEEN 15TH STREET SW AND 13TH STREET SW IN GROVENOR ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID 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 BENEFITED THEREBY. t WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-87 , determined that it is ngcessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the ownerE of the properties to be assessed or any other persons interested.. therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commissiot, shall meet at the County Commission chambers in the County Administration Building at the hour Of 9:05 A.M.on Tuesday Julv 14 1992, at which time the owners of the properties to be assessed and any other Interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and 1 50 I j U N9 2 1997 RESOLUTION NO. 92--aa- the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3: Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Wheeler , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Absent 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 23.— day of Itinp , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN IVER COUNTY, FLORIDA ByQ CAROL•K. EGGE Chai an OT 51 J U N 2 319942 BOOK 66 [", "E / �C FIRST AND SECOND RESOLUTIONS FOR PAVING & DRAINAGE IMPROVEMENTS FOR SEAGRAPE DRIVE IN OCEANAIRE HEIGHTS SUBDIVISION The Board reviewed the following memo dated 6/12/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM:� Michelle A. Gentile,G GET Civil Engineer SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for: Seagrape Drive between CR510 and Magnolia Lane in Oceanaire Heights Subdivision DATE: June 12, 1992 DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for the following: Seagrape Drive between CR510 and Magnolia Lane in Oceanaire Heights Subdivision The petition was signed by owners of 27 of the 51 properties in the proposed benefited area. This represents 53 % of the parcels in the proposed benefited area. When this petition was originally received by the Engineering Division there were at least 67% of the property owners in favor of this project. Due to some property being sold, the petition now has the above mentioned percentage in favor of this project. All the property owners were informed of a meeting held on June 3, 1992, in the County Commission Chambers to discuss any questions relative to this project. Our conclusion, from this meeting is there does not appear to be resistance to this project at this time, therefore Engineering staff recommends presenting this project to the Board of County Commissioners for a public hearing to determine if we should go forward with construction. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, July 14. 1992 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. 52 RECOMMENDATION AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $54,719.10 from the Petition Paving Account #173-214- 541-035.39. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) approved staff's recommendation as set out in the above memo; and adopted Resolutions 92-89 and 92-90, which are as follows: 53 JIJN 2 �J Providing (First Reso.) 2/20/91(ENG)RESI.MAG\gfk RESOLUTION NO. 92- 89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO SEAGRAPE DRIVE FROM CR510 TO MAGNOLIA LANE IN OCEANAIRE'HEIGHTS SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been Petitioned for Road Paving and Drainage Improvement for Seagrape Drive from CR510 to Magnolia Lane in Oceanaire Heights Subdivision. WHEREAS, the .,f __ . improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is SEVENTY-TWO THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS and EIGHTY CENTS (572 958.80); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($54,719.10) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited -and twenty-five percent (25%) of the total cost of the project ($18,239.70) will come from Petition Paving Account; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-47, Indian River County Code of Laws and Ordinances; and 54 E7 No. 92- Aq WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lots 2 through 9 including 35' abandoned right-of- way North of Lot 9, Block A; Lots 1 and Lots 12 through 18, Block B in Oceanaire Heights Subdivision, Unit 1 as recorded in Plat Book 3, Page 84 of the Public Records of Indian River County. Lots 1 through 9, Block E and Lots 1 through 9, Block F; including 35' abandoned right-of-way South of Lot 1, Block F in Oceanaire Heights Subdivision, Unit 2 as recorded in Plat Book 4, Page 4 of the Public Records of Indian River County. Lots 1 through 81 Block G; Lots 1 through 8, Block H in Oceanaire Heights Subdivision, Unit 3 as recorded in Plat Book 5, Page 53 of the Public Records of Indian River County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to Seagrape Drive from CR510 to Magnolia Lane; heretofore designated as Public Works Project No. 9019 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code of Laws and Ordinances. E 55 J1992 F_ JUN 23 1992 Wheeler BOOK No. 92-89 The foregoing resolution was offered by Commissioner by Commissioner who moved its adoption. The motion was seconded vote was as follows: Scurlock and, upon being put to a vote, the Chairman Carolyn K. Eggert Aye Vice -Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 23 day of June , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY ifY9z r CAROLYN EGGER Chairman Attest: JEFFRFdY K. BARTON, Clark cfg?J Appr,ved )ale Admin Legal �- /3_ seagrape. res L Budget sept C L • Aisk Mgr. 56 Time and Place (Second Reso.) F] 2/20/91(ENG)RES2.MAG\gfk RESOLUTION NO. 92.40 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON SEAGRAPE DRIVE BETWEEEN CR512 AND MAGNOLIA LANE IN OCEANAIRE HEIGHTS SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID 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 BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-89, determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein .may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS tF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour Of 9:05 A.M. on Tuesday July 14 1992, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. 57 JUN 23 1992 The area to be improved and �+�/ •,�t A 'lcd JUNRESOLUTION NO. 92-_g D_ the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:0o P.M. 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Wheeler , and the motion was seconded by Commissioner Scurlock , and, upon being put to a vote, the vote was as follows: Chairman Carolyn R. Eggert Vice Chairman Margaret C. Bowman Commissioner Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Gary C. Wheeler 57a Aye Absent Aye Aye Aye -I RESOLUTION NO. 92--c Z, The Chairman thereupon declared the resolution duly passed and adopted this 23 day of .1„ne , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By CAROLW K. EGGFr Chainfitfin AtteS Jeffr n, le W s Attachment: ASSESSMENT ROLL seagrset.res.res FIRST AND SECOND RESOLUTIONS FOR PAVING AND DRAINAGE IMPROVEMENTS FOR 3RD PLACE IN EMERSON PARK SUBDIVISION The Board reviewed the following memo dated 6/11/92: TO: James Chandler County Administrator THROUGHs James W. Davis, P.E. Public Works Directo and Roger D. Cain, P. JA---"'- County Engineer, FROM: Michelle A. Gentile,. CET Civil Engineer SUWECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for: 3rd Place between 34th Avenue and 32nd Avenue in Emerson Park Subdivision DATE: June 11, 1992 DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for the following: 58 JUN 23 199 F., ri�'�E 0 4 d 3rd Place between 34th Avenue and 32nd Avenue in Emerson Park Subdivision The petition was signed by owners of 18 of the 10 properties in the proposed benefited area. This represents 60 % of the parcels in the proposed benefited area. When this petition was originally received by the Engineering Division; there were at least 67% of the property owners in favor of this project. Due to some property being sold, the petition now has the above mentioned percentage in favor of this project. All the property owners were informed of a meeting held on June 3, 1992, in the County Commission Chambers, to discuss any questions relative to this project. Our conclusion, from this meeting is' there does not appear to be resistance to this project at this time, ,therefore Engineering staff recommends presenting this project to the Board of County Commissioners for a public hearing to determine if we should go forward with construction. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, July -14, 1992 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. RECOMMENDATION AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. RECOMMENDATION AND FUNDING (CONTINUED 2) Allocate $35,004.91 from the Petition Paving Account #173-214- 541-035.39. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) approved staff's recommendation as set out in the above memo; and adopted Resolutions 92-91 and 92-92, which are as follows: 59 Providing (First Reso.) 2/20/91(ENG)RESI.MAG\gfk RESOLUTION NO. 92- 91 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN' PAVING AND DRAINAGE IMPROVEMENTS TO 3RD PLACE BETWEEN 32ND AVENUE & 35TH AVENUE IN EMERSON PARK SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 3rd Place between 32nd Avenue and 35th Avenue. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is THIRTY-FIVE THOUSAND FOUR DOLLARS and NINTY-ONE CENTS -U$35,004.91) and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75a) of the total cost of the project ($26,253.68) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($8,751.23) will come from Petition Paving Account; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-47, Indian River County Code of Laws and Ordinances; and 60 JUN 1992 r BOOS JUN 231 : No. 92- 91 WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lot 1 through 15, Block J; Lot 16 through 30, Block H; Emerson Park Subdivision as recorded in Plat Book 2, Page 25 St. Lucie County, Florida and now situated in Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 3rd Place between 32nd Avenue and 35th Avenue; heretofore designated as Public Works Project No. 9017 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-41, et seq. Indian River County Code of Laws and Ordinances. 2 61 Resolution No. 92— 91 The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Carolyn R. Eggert Aye Vice -Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution passed and adopted this 23 day of June , 1992. Attest: JUN 23 1992 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By l' �L CAROLYN EGGER , Chairm n 62 l7 9,A- AdmIrt —_ Legal Budget Eng. Jepl Al3k Mgt. d IJale -is JUN 2`3 ,,992 mor Ft,E /51 Time and Place (Second Rego.) 2/20/91(ENG)RES2.MAG\gfk RESOLUTION NO. 92—g2 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 3RD PLACE BETWEEN 34TH AVENUE AND 32ND AVENUE IN EMERSON PARK SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID 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 BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-91 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour Of '9:05 A.M. on Tuesday. July 14 1992, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. 63 The area to be improved and the properties to be RESOLUTION NO. 92-92 specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye 64 JUN 2 3199 J J U H 2 3 1-92 RESOLUTION NO. 92-_92_ The Chairman thereupon declared the resolution duly passed and adopted this 23 day of June , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 6 CAROLYN R. EGG ' ChairrMn Jeffr yam? Barton, Cler Q: Attachment: ASSESSMENT ROLL 3plset.res INDIAN RIVER BOULEVARD - PARCELS 108 110 ill Deputy County Attorney William Collins explained that we were contacted late last night by the attorneys who are handling the condemnation of Phase III of the Indian River Boulevard. We took title to the property by quick -take a couple of years ago and it has been wending its way through trial on the issue of evaluation. The attorneys have taken depositions of all the experts for the property owners, which include a number of different types of experts -- civil engineers, environmental engineers, land planners and appraisers. Based on the depositions they have taken, they would like the Board's authorization to make an Offer of Judgment which is an offer that is put forward to the defendants in hopes of foregoing a trial and saving the expense of attorney fees, expert testimony fees, etc. 65 Attorney Collins advised that these 3 tracts are located on the north half of the section of the Boulevard that we have just built. Tract 108 - Hoffman - Approx. 39 Acres The low appraisal by our appraisers was $270,000. The property owner's appraisal was $971,150, which has a midpoint of about $620,000. The attorneys would like authorization to make an offer in the range of $475,000-$500,000 for this 39 -acre parcel. They feel that based on the depositions they have taken and where a jury is likely to fall in that range when they hear the expert testimony, there would be some savings in making that offer now, and also because if the offer is refused and the jury comes in below that amount, we would not be liable for any expert testimony fees and attorney fees from the date of the offer. Public Works Director Jim Davis wished to interject that after the taking, the DOT came through with the Merrill -Barber Bridge alignment and we entered into an agreement with the DOT to convey some interest in some of this land to them, and the DOT has committed to picking up a large percentage of the final value, somewhere around 80 percent he believed. Tract 110 - Gregory & Wiggins - 43 Acres This parcel is on the river, east of the Hoffman tract. The appraisals came in with a low of $440,000 and a high of $816,400, which is a midpoint of $628,200. The attorneys are recommending an Offer of Judgment in the range of $550,000-$575,000. Tract ill - 2-1/2 Acres - Gregory & Wiggins Immediately North of 37th Street The low- appraisal was $55,000 and the high appraisal was $311,300 with a midpoint of $183,400, and the attorneys are recommending an Offer of Judgment in the range of $100,000- 66 JUN 2 31992 1100� GJ [;",E L_ _I $125,000. The attorneys have couched these offers in terms of ranges because although they have taken the testimonies from the other side's experts, they have not completely settled on where it should be. They would like to talk to our own appraisers and have them evaluate some of the weak points and the high points, but they must make an offer prior to July 2, and because there will not be a meeting next week on June 30, this matter was added as an emergency item to today's Agenda. They believe it is in the best interests of the County to try and cut short some of the litigation expenses or at least make an offer so that if the jury comes in below it we won't n t have toa p y those expenses. Attorney Collins noted that parcel 108 has a very wide range in the appraisals compared to parcel 110, the reason being that parcel 110 is a whole take whereas parcel 108 has some remainder in the issue of severance damages and what its value is to the remaining parcel before and after the take. That is more open to judgment. Staff is requesting the Board's authorization to make these offers. Commissioner r Bird asked how this fits into the cost estimates for the right-of-way needs for the Boulevard, and Director Davis explained that we placed our appraisal value with the court when the order of take was issued so the additional monies of $350,000 have been considered in our budget for the project and monies are set aside for that. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) approved staff's recommendation that authorization be given'to the attorneys to make offers on all three parcels, as set out by Attorney Collins. 67 AUTHORIZATION OF LETTER WELCOMING MACHO TO INDIAN RIVER COUNTY Chairman Eggert advised that this manufacturer of martial arts equipment is currently located in Brevard County, but is very much interested in.moving to Indian River County. The Council of 100 has asked the Board to write a letter to Dudley Gordon, the president of the firm, saying that we understand they are considering moving to Indian River County and that we certainly would welcome them here and that we would be glad to help them in any way possible. They have over 100 employees now and expect to double that over the next year or so. Commissioner Wheeler advised that he recently toured the MACHO facilities in Brevard County and believed their company has great potential. He felt it would be appropriate to send a letter welcoming them to our county and offering to help them in any way we can. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bowman being absent) authorized the Chairman to write a letter to Dudley Gordon of MACHO welcoming them to Indian River County and offering to help them in any way we can. 68 JUN 23 1992 JON 3 'I92 G 1!iv g00K U f't:uL COMMONITY HEALTH GOALS The Board reviewed the following memo dated 6/16/92: STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABIUTATIVE SERVICES Mb - LNULAN KIVEK COUNTY PUBLIC HEALTH UNIT 1900 27TH STREET TELEPHONE (407) 778.8300 VERO BEACH. FL 32980 SUN -COM 240-8300 FAX 778-6= June 16, 1992 TO: Carolyn Eggert, Chairman Indian River County Board of Commissioners FROM: Bernard D. Berman, M.D., Director , 6 Indian River County Public Health Unit RE: Health Goals and Outcome Indicators. The HRS State Health Office has directed all health units to establish community health goals and evaluate critical programs with specific outcome indicators. These need to be reviewed and endorsed by the County Board of Commissioners. No specific level of funding commitment is required. We have prepared for Board review the attached health goals for our community along with some measurable outcome indicators. We hope you will continue your very favorable support of our programs to enable our progress toward reaching these goals. Thank you. - Dr. Berman, Director of the IRC County Health Unit, explained that we have looked at some of our programs and targeted some very specific goals which are in line with our present programs. We have targeted infant mortality, communicable disease, and some chronic disease, and there are some specific numbers that we have attached to them. They are asking for the Board's endorsement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) authorized the Chairman to sign the Agreement on HRS CPHU Objectives Related to Public Health Services Outcome Indicators, as recommended by Dr. Berman. COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AUTHORIZATION TO SEND IRC REPRESENTATIVES TO PER HEARING IN TALLAHASSEE REGARDING MANATEE PROTECTION PLAN Chairman Eggert reported that the DNR hearing before the Governor and Cabinet is still set for Wednesday, July 8, 1992. Roland DeBlois has been talking with DNR staff and Dean Luethje has been talking with Dale Patchett and Charles Sembler. Chairman Eggert wanted us to be well prepared for our presentation of MANWAC's recommendations and for us to be up there ahead of time. She suggested we authorize Commissioner Bird and appropriate staff to go to Tallahassee as Commissioner Wheeler will be needed here on July 8 to attend an evening public hearing on county administrative rezonings. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) authorized Commissioner Bird and appropriate staff to attend the necessary DNR hearings in Tallahassee. 70 )oo�, j�- , U Ff.uC L JUN 2_1319 Z JUM APPOINTMENT TO ALCOHOL DRUG ABUSE AND MENTAL HEALTH BOARD The Board reviewed the following resume of John P. Krupp: Employment: 1989 - Present � n ' RECOV�''' BOARD COUNTY COMMISSIONECS[ l`v}' b / JOHN P. KRUPP P.O. BOX 943 WABASSO, FL 32970 (407) 589-0735 Indian River County/Probation Division Probation'Officer (misdemeanor) 1986-1989 State of Florida/Health and Rehabilitative Services (1655 27th Street, Vero Beach, FL) Supervisor of below listed programs: Community Control Aging and Adult Protective Services Children Protective Services Developmental Services Supervised programs consisting of four separate units with a combined total of ten personnel. 1982-1986 State of Florida/Health and Rehabilitative Services (1655 27th Street, Vero Beach, FL) Community Control Counselor (Juvenile Probation Officer) 1981-1982 State of Florida/Health and Rehabilitative Services``1.1655 27th Street, Vero Beach, FL) Child Protective Services Counselor 1978-1981 Treasure Coast Appliance Parts (1309 Delaware Avenue, Ft. Pierce, FL) Owner/Operator - Sale of all major appliance parts, wholesale and retail. 1972-1978 State of Florida/Department of Commerce Florida Crew Chief Investigator - Investigated labor law violations as pertained to migrant and domestic farm workers. 1969-1972 New Colony Cleaners (Delray Beach, FL) Owner/Operator of package plant - On site dry cleaning. (Eight employees). 1967-1969 State of Florida/Florida Industrial Commission Farm Labor Representative --'Assisted in the placement of migrant crews throughout Florida and the eastern seaboard of the country. Completed crop and labor statistics from extensive field work. Professional Associations: Health and Rehabilitative Services IX Accreditation Committee Needs Assessment - Children's Services Council Florida Council On Crime and Delinquency Education: St. Bernard College 1962-1966/BA Business Indian River Community College 1974-1990 Hanley-Hazelden Center 1992 -present (Addictions Professional Training) 71 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0, Commissioner Bowman being absent) appointed John P. Krupp to the Alcohol, Drug Abuse and Mental Health Board replacing Judy Starette; appointment to expire September, 1995. SOLID WASTE DISPOSAL DISTRICT Chairman Eggert announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:10 o'clock A.M. ATTEST: J. Barton, Clerk Carol K. E9949,,rchairman 72 IOU