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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
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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