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HomeMy WebLinkAbout7/7/1992I F -a w,, Rt- X__, • "4e—. POPV i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 7, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman James E. Chandler, County Administrator Margaret C. Bowman, Vice Chairman RichardN. Bird Don C. Scurlock, Jr. Charles P. Vitunac, County Attorney Gary C. Wheeler Jeffrey K. Barton, Clerk to the -Board 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Gary C. Wheeler 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS a. Chairman Eggert req.the addn of Item 13 A.2, Comm'r. Wheeler's letter of resignation S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of 5/5/92 B. Regular Meeting of 5/12/92 7. CONSENT AGENDA A. Release of County Assessment Lien (memorandum dated June 29, 1992 ) B. Release of Utility Liens ( memorandum dated June 25, 1992 ) C. Stolle Development Corp.'s Request for Extension of the Lindsey Lanes S/D, Ph. 2, Preliminary Plat Approval _ (memorandum dated June 29, 1992 ) D. David Marine's Request for an Extension of Site Plan Approval for a Contractor Trades Building (memorandum dated June 29, 1992 ) MOK rL jL . 92 7. CONSENT AGENDA (cont'd. ): E. Final Plat Approval for the Savannah Oaks S/D, Units I and II ( memorandum dated June 29, 1992 ) F. Request for Streetlight at Indian River Blvd. / 37th Street ( Barber Avenue) ( memorandum dated June 25, 1992 ) C. Additional R -O -W Purchases / 1st St. S.W. / Mallory Killam Parcel ( memorandum dated June 24, 1992 ) --- H. Additional R -O -W Purchase / 33rd St. between 56th Ave. 6 66th Ave. / Frank Danforth Richardson ( memorandum dated June 24, 1992 ) I • Additional R -O -W Purchases / 26th St. (A. K.A. Walker Ave.) Adamson, 2 parcels ( memorandum dated June 22, 1992 ) J. Additional R -O -W Purchases / 1st St. S.W. / Benjamin Emerson Parcel (memorandum dated June 16, 1992) K. Additional R -O -W Purchase / 33rd St. between 58th Ave. 6 66th Ave. / Fletcher (memorandum dated June 15, 1992) L. "6th Ave. Improvements at 20th Pi. - Twin Parks Project No. 9122 Contract ._ .( memorandum dated June 16, 1992 ) M. Request for Floodplain Cut 6 Fill Balance Waiver for Krovocheck Wetland Resources Permit ( memorandum dated June 30, 1992 ) N • Semi -Annual Bond Review ( memorandum dated June 24, 1992 ) O. Budget Amendment 037 (memorandum dated June 30, 1992) P. North County Office Space - New Lease ( memorandum ,dated June 25, 1992 ) Q. Bid 92-99 / King's Highway Water Main Project ( memorandum dated .June 23, 1992 ) R. Filing of Housing Authority's Audits In Commission Office (memorandum dated June 24, 1992 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Manatee Protection Plan (backup under separate cover) 9. PUBLIC ITEMS (cont'd. ): B. - * PUBLIC HEARINGS Courtside S/D - 38th Sq., S.W. Water Service Project - Resolution III ( memorandum dated June 23, 1992 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS _ - A. COMMUNITY DEVELOPMENT Request to Approve Environmentally Significant Lands Bond Referendum (memorandum dated July 1, 1992) B. EMERGENCY SERVICES I. False Fire Alarm Service Charges - Chapter .301, IRC Code -- ( memorandum dated June 22, 1992 ) 2. Authorization -to Purchase Equipment/Services i for Vero Beach Police Dept. 8 1. R. C. Sheriff's Dept. E911 Public Safety Answering Points (PSAP) From 911 Surcharge Funds - B. A. 036 ( memorandum dated June 19, 1992 ) -3. Authorization to Surplus and Dispose of Scott Air Packs (memorandum dated June 23, 1992) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET Escambla Housing Mortgage Program (memorandum dated July 1, 1992) F. PERSONNEL None G. PUBLIC WORKS I. Request for Authorization to Sign Contract; Issuance of Notice to Proceed - Barber Ave. (37th Street) Widening 8 : Drain a Improvements (memorandum dated July 1, 1992) 2. R -O -W Acquisition Along 4th St. West of 27th Ave. for Sidewalk ( memorandum dated June 29, IM) 3. County Road 512 - Environmental Assessment (memorandum dated June 25, 1992) 4. Paving of Willow Street ( letter dated October 15, 1991) UL 199 fwjc r � JUL 07 1997 {o K 11. DEPARTMENTAL MATTERS k4"Ald.) : H. UTILITIES I. Professional Land Survey Services - Water Line Replacement Projects (memorandum dated June 16, 1992) 2. Water Expansion Plan, Phase I, Contract No. 2 ( memorandum . dated June 18, 1992 ) 3. Landfill Regional Lift Station 8 Associated Gravity Sewer Construction (memorandum dated June 16, 1992) 4. West. Regional Wastewater Treatment Plant Regional Force Main ( memorandum dated June 10, 1992 ) S. Petition for Water Service in Shady Oaks S/D East of 43rd Ave., South of Oslo Road ( memorandum dated June 18, 1992 ) 6. Glendale Terrace - 24th Ave. Water Service Project - Final Assessment Roll 6 Res. #4 ( memorandum dated June 17, 1992 ) 7. 50th Court - Old Sugar Mill Estates Water Service - Final Assessment Roll 8 Res. #4 (memorandum dated June 18, 1992) 12. COUNTY ATTORNEY None 13. CONFAISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT Appointment to Indian River County Professional Services Advisory Committee ( letter dated June 15, 1992 ) B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. . COMINIISSIONER 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. Approval of Minutes - Meeting of 5/5/92 -- - 2. Landfill Segment I - Emergency Repair (memorandum dated June 26, 1992 ) 3. Acceptance of Proposal From Camp Dresser 6 McKee (memorandum dated June 19, 1992 ) 15. ADJOURNMENT ANYONE WHO. MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. JK JUL 071992 Tuesday, July 7, 1992 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, July 7, 1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman; Vice Chairman, Richard N. -Bird, Gary C. Wheeler, and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Commissioner Gary C. Wheeler, led the Pledge of Allegiance to the Flag. Commissioner Bird was temporarily delayed and entered the chamber during the discussion of Consent Item M. ADDITIONS TO THE AGENDAIEMERGENCY ITEMS Chairman Eggert requested the addition of the Item 13.A.2., Commissioner Wheeler's letter of resignation. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), added the above item to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 5, 1992. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board (4-0, Commissioner Bird being temporarily delayed), approved the Minutes of the Regular Meeting of May 5, 1992 as written. BOOK 00 11A11E JUL 071992 JUL 071992 ��f; o J FAt . The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 12, 1992. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), approved the Minutes of the Regular Meeting of May 12, 1992 as written. CONSENT AGENDA Chairman Eggert requested removal of Item M, to be addressed by Attorney Michael O'Haire, and Commissioner Bowman requested the removal of Item P. A. Release of County Assessment Lien The Board reviewed memo from Nancy Mossali, County Attorney's office, dated June 29, 1992: TO: FROM: DATE: SUBJECT: The Board of County Commissioners Nancy H. Mossali - County Attorney's Office June 29, 1992 RELEASE OF COUNTY ASSESSMENT LIEN I have. prepared the following routine release of assessment lien forms in connection with paving and drainage improvements at 1st Place between 27th Avenue and 24th Avenue (Project No. 8909), and request that the Board authorize the Chairman to execute same: (1) Tax I.D. No . 14-33-39-00001-0130-00003.0 IND RIV FARMS CO SUB PBS 2-25 W 3 A OF N 10.51 A of TR 13, LESS RD R/WS & ALSO LESS RD R/W FOR 27TH AVE & IST PL as IN O.R. BK 811, PP 922 In the name of: FAITH UNITED FELLOWSHIP INC. (2) Tax I.D. No. 14-33-39-00001-0130-00003.1 IND RIV FARMS CO SUB PBS 2-25 E 2.25 A OF W 5:25AofN10.51AOFTR13LESS RDR,/W (O.R. BK 699, PP 1156) In the name of: FAITH UNITED FELLOWSHIP INC. Back-up information for the above is on file in the County Attorney's Office. 2 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), approved and authorized the Chairman to execute releases of liens as listed in staff's memo. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY B. Release of Utility Liens The Board reviewed memo from Lea R. Keller, CLA, County Attorney's office, dated June 25, 1992: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: June 25, 1992 RE: CONSENT AGENDA - BCC MEETING 7/7/92 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. Release of Special Assessment Lien from CITRUS GARDENS WATER PROJECT in the name of: HILL/RINKER 2. Satisfactions of Impact Fee Extension Liens in the names of : JONES STREETER PORTER SALMON/CHANEY 3. Release of Special Assessment Lien from 12TH STREET WATER PROJECT in the name of: CUNNINGHAM 4. Release of Special Assessment Lien from ANITA PARK WATER PROJECT in the name of: VANDERVEER _ 5. Release of Special Assessment Lien from 8TH STREET WATER PROJECT in the name of: DODSON 3 JUL 071992 a L 07 1992, 6. Releases of Special Assessment Liens from NORTH COUNTY SEWER PROJECT in the names of: PANGBURN LEGUE HOBART LANDING JOINT VENTURE KLINGER /MASTEN C & L ENTERPRISES ARVARY Additional back-up information is on file in the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being ' temporarily delayed), approved and authorized the Chairman to execute the releases and satisfactions of liens as listed in staff's memo. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY C. Stolle Development Corporation's Request for Extension of the Lindsey Lanes Subdivision Phase 2 Preliminary Plan Approval The Board reviewed memo from Current Development Planner Christopher Rison dated June 29, 1992: TO: .James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Kea inq, ICP Community Develop nt Director THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison CVP Staff Planner, Current Development DATE: June 29, 1992 SUBJECT: Stolle Development Corporation's Request for Extension of the Lindsey Lanes Subdivision, Phase 2, Preliminary Plat Approval SD -90-09-017 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1992. 4 DESCRIPTION AND CONDITIONS: On December 13, 1990, the Planning and Zoning Commission approved a preliminary plat application submitted by Mosby and Associates, Inc., on behalf of the Stolle Development Corporation, for the Lindsey Lanes Subdivision phases I and II. Phase I has been constructed and received final plat approval. Phase II, a 77 lot single-family residential subdivision located immediately south of the Lindsey Lanes Subdivision Phase I, has not yet received final plat approval. John Hett, on behalf of the Stolle Development Corporation, has requested that an 18 month preliminary plat extension be granted. Due to financial conditions, the applicant has been unable to construct the second and final phase of the approved preliminary plat project. The original preliminary plat approval for the project formally expired on June 13, 1992; however, the request for preliminary plat extension was received prior to expiration of the approved preliminary plat; therefore, the request may be acted upon by the Board of County Commissioners. Stolle Development Corporation is requesting a preliminary plat approval extension pursuant to the provisions of the Subdivision and Plats Ordinance, Chapter 913 of the County's land development regulations. Pursuant to the Subdivision and Plats Ordinance, the Board of County Commissioners =-'s 7r:rt, or grant ::ith conditions, the requested 18 month preliminary plat extension. ANALYSIS: - All county departments have now reviewed the extension request. No department objects to the proposed extension. In staff's opinion, no modification to the preliminary plat is required since the existing, approved preliminary plat application would substantially conform to current LDRs. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Stolle Development Corporation's request for a one (1) time, eighteen (18) month extension of the Lindsey Lanes Subdivision, Phase 21 preliminary plat. The new preliminary plat expiration date will be December 13, 1993. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), approved a one-time 18 -month extension of a preliminary plat for Lindsey Lanes Subdivision, Phase 2, as requested by Stolle Development Corporation with a new expiration date of December 13, 1993, as recommended by staff. D. David Marine's Request for an Extension of Site Plan Approval for a Contractor Trades Building The Board reviewed memo from Current Development Planner Christopher Rison dated June 29, 1992: 5 J U L 07 1992 BOOK 86 TO: James E. Chandler County Administrator DIVI ION HEAD CONCURRENCE: obert M. Keati , AI Community Development irector THROUGH: Stan Bolin�ICP Planning Director FROM: Christopher D. Rison Staff Planner, Current Development DATE: June 29, 1992 SUBJECT: David Marine's Request for an Extension of Site Plan Approval for a Contractor Trades Building SP -MA -91-05-028 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1992. DESCRIPTION AND CONDITIONS: On June 27, 1991, the Planning and Zoning Commission conditionally approved a major site plan application submitted by McQueen and Associates, Inc., on behalf of David Marine. Approval was given to convert a single-family residence located at 665 4th Street into a contractor trades building. David Marine has requested that a site plan extension be granted. Due to right-of-way acquisition negotiations and business conditions, Mr. Marine has been unable to commence construction of the approved site plan project. The original site plan approval for the project formally expired on June 27, 1992; however, the request for site plan extension was received prior to expiration of the approved site plan. David Marine is requesting a full one (1) year extension of the approved site plan. As this request for site plan extension was received prior to expiration of the approved site plan, the Board may grant, or grant with additional conditions, such site plan extensions, pursuant to the site plan ordinance. ANALYSIS: All reviewing county departments have now reviewed the extension request. No departments object to approval of the extension request. In staff's opinion, no modifications to the site plan are rem'iired as the current subject site plan: application :could substantially conform to current requirements. RECOMMENDATION: Staff recommends approval of David Marine's request for a one (1) year extension of the conditionally approved site plan. The new site plan expiration date is June 27, 1993. N. s ® � ON MOTION by Commissioner Scurlock, SECONDED by Commissioner wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), approved David Marine's request for an extension of the conditionally approved site plan with a new expiration date of June 27, 1993, as recommended by staff. E. Final Plat Approval - Savannah Oaks Subdivision Units I and II The Board reviewed memo from Current Development Plannpr Christopher Rison dated June 29, 1992: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert . R ati g, 4TXP Community Development Director THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison Wp Senior Planner, Current Development DATE: June 29, 1992 SUBJECT: FINAL PLAT APPROVAL FOR THE UNITS I AND II UNIT I: SD -91-09-011 UNIT II: SD -88-07-009 SAVANNAH OARS SUBDIVISION, #91070030-008 #92040046-001 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1992. DESCRIPTION AND CONDITIONS: The Savannah Oaks Subdivision, Unit I. is a proposed 7 lot residential subdivision of a 3.34 acre parcel of land. The Savannah Oaks Subdivision, Unit II is a proposed 7 lot residential subdivision of a 4.1 acre parcel of land. The two units are contiguous and are located in the 850 block of Buckinghammock Trail, north of the Buckinghammock Trail Subdivision. The subject properties are zoned RS -31 Single -Family Residential (up to 3 units pe acre) and have an L-1, Low Density Residential 1 (up to 3 units per acre) land use designation. The proposed density for Unit I is 2.1 units/acre, and the proposed density for Unit II is 1.7 units/acre with a combined density of 1.9 units/acre for both units. 7 JUL 0 71992 " 3 U L 0719,E 1i00K , On November 15, 1990s, and October 10, 1991, the Planning and Zoning Commission granted preliminary plat approval for the Savannah Oaks Subdivision, Units I and II. The developers, Tom Schlitt and Mark Fetzer, Inc., obtained Land Development Permits for the subdivisions and have completed construction of the subdivisions. The developers are now requesting final plat approval for Unit I and Unit II and have submitted the following: 1. A plat in conformance with each of the two originally approved preliminary plats; 2. An Engineer's Certified Cost Estimate for the Completed Required Subdivision Improvements; 3. A warranty/Maintenance Agreement to guarantee the performance of the completed and publicly dedicated subdivision improvements; and 4. A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Warranty/Maintenance Agreement. ANALYSIS The required subdivision improvements have been completed by the developers, -and the developers have obtained a Certificate of Completion for Unit I,a�nd for Unit II from the Public Works Department. The developers have submitted a Warranty/Maintenance Agreement and posted suitable security, approved by the County Attorney's Office, to guarantee the Warranty/Maintenance Agreement. With these documents, the developers have complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for both the Savannah Oaks Subdivision Unit I and Savannah Oaks Subdivision Unit II and accept the Warranty/Maintenance Agreement and accompanying posted security instrument. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved final plat for the Savannah Oaks Subdivision Units I and II, and accepted the Warranty/Maintenance Agreement and accompanying posted security instruments, as recommended by staff. COPY OF WARRANTY, GUARANTY AND MAINTENANCE AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 8 F. Reauest for Streetliaht at Indian River Boulevard and 37th Street (Barber Avenue) The Board reviewed memo from Capital Projects Manager Terry Thompson dated June 25, 1992: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Request for Streetlight at Indian River Boulevard /37th Street (Barber Avenue) REF. LETTER: Terry Thompson to Frank Pendleton, City of Vero Beach dated April 9, 1992 DATE: June 25, 1992 FILE: irbiiilt.agn DESCRIPTION AND CONDITIONS i, r Staff requests a County funded streetlight be installed at the intersection of 37th Sttreet(Barber Avenue) and Indian River Boulevard. The City of Vero Beach is designing streetlighting for the Boulevard and we have requested that this intersection be included in the design. Indian River Boulevard North currently ends by merging into 37th Street. For safety sake, a streetlight needs to be installed to illuminate the temporary end of the Boulevard. At the current -time, the County funds 40± streetlights at roadway intersections along collector roads, not including those along major arterial corridors such as SR60, US1, or AIA and those in streetlight districts. ALTERNATIVES AND ANALYSIS The Alternatives presented are: Alternative No. 1 Deny the request. Alternative No. 2 Approve the request for a County funded streetlight. RECOMMENDATIONS AND FUNDING Alternative No. 2 is recommended. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), approved a County -funded streetlight to be installed at the intersection of 37th Street (Barber Avenue) and Indian River Boulevard, as recommended by staff. E JUL 07 1992 �00K, 86, �,�'A�E G. Additional Right -of -Way Purchases - 1st Street S W. Mallory Killam Parcel The Board reviewed memo from County Right -of -Way Agent Don Finney dated June 24, 1992: 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/ 1st Street SW / Mallory Killam Parcel DATE: June 24, 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 at the lands' appraised value of $.40 per square foot or $4,007.52 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. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the Contract for Sale and Purchase with Mallory Killam and Doris R. Killam in the amount of $4,007.52, as recommended by staff. SAID CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 10 H. Additional Right -of -Way Purchase - 33rd Street Between 58th Avenue and 66th Avenue - Frank Danforth Richardson The Board reviewed memo from County Right -of -Way Agent Don Finney dated June 24, 1992: 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 Purchase / 33rd Street between 58th Avenue and 66th Avenue / Frank Danforth Richardson DATE:June June 24, 1992QNSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs an additional 30 feet of right-of-way for the petition paving project on 33rd Street. The Board of County Commissioners previously approved the purchase of the right-of-way along this corridor on January 21, 1992. The property owner has signed a sale/purchase contract at the lands' appraised value of $3,354.00 or $.35 per square foot for the .22 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. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the Contract for Sale and Purchase with Frank Danforth Richardson in the amount of $3,354.00, as recommended by staff. SAID CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 11 L_ JUL 07 192 CJ f'rt�t 4f� r JUL 071992 BOOK E" 1 f'r ,�E 8 001 I. Additional Right -of -Way Purchases - 26th Street (Walker Avenue) Adamson. 2 parcels The Board reviewed memo from County Right -of -Way Agent Don Finney dated June 22, 1992: 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 T�:>�__V• County Right of Way Agent SUBJECT: Additional Right -of -Way Purchases / 26th Street' (A.K.A. Walker Avenue) / Adamson, 2 parcels DATE: June 22, 1992 -11WOMENTT 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 each of the parcels at the land's appraised value of $.35 per square foot as follows: Parcel 1 .14 acre $2,135.00 Parcel 2 .17 acre $2,592.00 RECOMMENDATION AND FUNDING Staff requests the Board accept the contracts and direct the Chairman to execute the contracts on the Board's behalf. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the Contract for Sale and Purchase with James R. Adamson and Lora H. Adamson for two parcels, in the amounts of $2,135.00 and $2,592.00, as recommended by staff. SAID CONTRACTS FOR SALE AND PURCHASE ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 12 � � r J. Additional Right -of -Way Purchases - 1st Street S.W. - Benjamin Emerson Parcel The Board reviewed memo from County Right -of -Way Agent Don Finney dated June 16, 1992: TO: James Chandler County Administrator C` THROUGH: James W. Davis, P.E. Public Works Directo and ✓' Roger D. Cain, P.E. County Engineer FROM: Donald G. Finney, SRA �`^�� County Right of Way Agent SUBJECT: Additional Right -of -Way Purchases/ 1st Street SW / Benjamin Emerson Parcel DATE: June 16, 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 at the lands' appraised value of $.40 per square foot or $4,181.76 for the .24 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. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the Contract for Sale and Purchase with Benjamin Emerson and Elaine Emerson in the amount of $4,181.76, as recommended by staff. SAID CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 13 AUL 071992 MOK b 6 F.,,t L Fr­ JUL 071992 e K. Additional Right -of -Way Purchase - 33rd Street between 58th Avenue and 66th Avenue - Fletcher The Board reviewed memo from County Right -of -Way Agent Don Finney dated June 15, 1992: 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 Purchase / 33rd Street between 58th Avenue and 66th Avenue / Fletcher DATE: June 15, 1992 CONSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs an additional 30 feet of right-of-way for _ the petition paving project on 33rd 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 at the lands' appraised value of $2,156.00 or $.45 per square foot for the .11 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. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the Contract for Sale and Purchase with Robert W. Fletcher and Patricia E. Fletcher in the amount of $2,156.00, as recommended by staff. SAID CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 14 L. 6th Avenue Improvements at 20th Place - Twin Pairs Project No. 9122 Contract The Board reviewed memo from County Engineer Roger Cain dated June 16, 1992: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Roger D. Cain, P.E. County Engineer c.._._ SUBJECT: 6th Avenue Improvement at 20th Place - Twin Pairs Project No. 9122 Contract DATE: June 16, 1992 DESCRIPTION AND CONDITIONS CONSENT AGENDA The Board on May 12, 1992, previously approved awarding a negotiated Contract to Ranger Construction Industries, Inc., for the intersection improvements at 6th Avenue and 20th Place, amounting to $50,411.40. The contract documents are presented herewith for execution by the Chairman for the Board of County Commissioners. All contract procedures will be as on a bid contract, including performance and payment bonds and insurance provisions. ALTERNATIVES AND ANALYSIS Alternative No. 1- To direct the Chairman of the Board of County Commissioners to execute the contract on behalf of the Board of County Commissioners. Alternative No. 2 - To reject the request to execute the contracts. RECOMMENDATION AND FUNDING Staff recommends Alternative No. 1 be approved by the Board of County Commissioners, and that the Chairman be directed to execute on behalf of the Board of County Commissioners the contract with Ranger Construction Industries, Inc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bird being temporarily delayed), authorized the Chairman to execute the contract with Ranger Construction Industries, Inc., in the amount of $50,411.40, as recommended by staff. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 15 BOOK FF,i; r JUL 07 J992 1 800K blD F JE M. Reguest for Floodplain Cut and Fill Balance Waiver for Krovocheck Wetland Resources Permit The Board reviewed memo from Civil Engineer David Cox dated June 30, 1992: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Directo and Roger D. Cain, P.E County Engineer FROM: David B. Cox, P.E.QRG Civil Engineer SUBJECT: REFERENCE: DATE: Request for Floodplain Cut and Fill Balance Waiver for Krovocheck Wetland Resources Permit Project No. 91050151 June 30, 1992 DESCRIPTION AND CONDITIONS CONSENT„AGENDA Peterson & Votapka, Inc., on behalf of Mr. Jack Krovocheck is requesting a waiver of the floodplain cut and fill balance requirements of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. A County Wetlands Resource Permit for filling 0.28 acres of wetlands/deepwater habitat was issued on February 4, 1992 with the condition that a cut and fill waiver be obtained prior to beginning construction. Necessary permits have also been approved by S.J.R.W.M.D. and the Army Corps of Engineers. The special flood hazard areas inundated by the 100 year flood on this site area are in Zone AE with 5, 6 and 7 ft. N.G.V.D. base flood elevations. The ten year F.E.M.A. flood elevation is 3.3 ft. The attached letter from Peterson & Votapka indicates the total displacement of the floodplain below elevation 4.0 ft for which a waiver is required is 865 cubic yards. ALTERNATIVES AND ANALYSIS The proposed filling meets the waiver criteria provided in Section 930.07(2)(d)l. of being in an estuarine environment, and not creating a material adverse impact on flood protection of other lands in the estuarine environment. No other requirements of the Stormwater Management and Flood Protection chapter need to be met since the Wetlands Resources Permit is limited to placing fill, dredging bottom lands, planting littoral zone vegetation, and removal of nuisance exotic vegetation. An additional floodplain cut and fill waiver may be needed at the time a Land Development Permit Application -is made for construction of subdivision improvements on the site. 16 Alternative No. 1 - Approve the cut and fill balance waiver Yeiiuetst . Alternative No. 2 - Deny the cut and fill waiver and require excavation on other portions of the site to create a volume of floodplain storage capacity equal to the 865 cubic yards to be displaced by fill. RECOMMENDATION Staff recommends approval of Alternative No. 1. Michael O'Haire, 575 Highway AlA, came before the Board in opposition to the subject cut and fill balance waiver. He pointed out that a waiver is not a right under the County's code of ordinances. The ordinance requires an affirmative showing that it will not adversely affect the floodplain. Mr. O'Haire reminded the Board that the Indian River floodplain is the drainage basin for everything east of the Florida East Coast right-of-way and west of the lagoon at the edge of the Atlantic Ocean, and what is proposed is to fill not just the floodplain but also the waters of the Indian River. The proposed 865 cubic yards of fill-in the 0.28 _ acre of wetlands/ deepwater habitat will cause displacement of water in the Indian River. The ordinance requires that when someone causes a displacement, he must compensate for it. There is no compensation proposed here; this is simply a request for a waiver. Mr. O'Haire contended that common sense indicates there will be an effect on the floodplain. Commissioner Scurlock asked staff whether we have technical data to support a waiver. Director Davis responded that when that waiver provision was implemented into the code, staff determined that for the vast size of the Indian River floodplain small amounts of fill added into that area below elevation 4 do not raise the elevation of the river simply by the fill being placed in the area. There are other factors that affect the floodplain such as wind and tidal conditions, and that is why the Indian River floodplain is not a classic floodplain such as we have at the Sebastian River south prong where that floodplain is less affected by some of the outside effects of wind and tide. Todd Smith, the consultant for Mr. Krovocheck, submitted calculations where the actual volume of fill has been calculated which convinced staff that this is going to be a very minimal impact on the floodplain. Commissioner Scurlock recalled that we have approved a number of waivers and he wondered what would be the cumulative effect of 17 JUL 07 1992 JUL 07I ,' a0OK 10 or 1000 or 10,000 small waivers. He felt that if we grant these waivers in most cases, we may not need the ordinance. Director Davis recounted that the Holland Law Center of University of Florida, working with Federal Emergency Management Agency (FEMA), developed the floodplain ordinance, and the language of that ordinance was incorporated into our ordinance. It was realized that the Indian River is a lagoon/estuary rather than the classic narrow, less voluminous floodplain, and we allowed for exemptions for small projects. Director Davis anticipated that if a large project were proposed, staff would not recommend a waiver. Commissioner Scurlock felt that many little waivers would add up to a lot of displacement. Director Davis explained that the alternative would be to not allow any fill to be placed below elevation 4 along the Indian River floodplain which would stifle even a single family home development on a platted lot that is already created within that area. He questioned whether we want to accomplish total restriction. Discussion ensued regarding the exemptions to the ordinance, and Director Davis explained that St. Johns River Water Management District does not apply their cut and fill balance within the Indian River Lagoon. They did not recommend that we take it off the books but rather look at it on a case by case basis, and that was the recommendation staff made to this Board when the language was put into the code. There was further discussion and Director Davis explained the process of recommending or denying waivers. After studying calculations a determination is made to see what the effect of a particular project will be on the overall Indian River floodplain. Chairman Eggert asked, and Director Davis responded that there were two larger projects which had to have minor cut and fill balance waivers, but they were somewhat inland with a small amount of river frontage. Commissioner Bird felt that staff indicated they are handling this proposed cut and fill project consistent with the way others have been processed, and that is why they have made the recommendation for waiver. MOTION WAS MADE by Commissioner Bird, SECONDED by Chairman Eggert, to approve Mr. Krovocheck's request for a cut and fill balance waiver, as recommended by staff. 18 Under discussion, Commissioner Scurlock was concerned about the cumulative effect, and this concern was shared by Commissioner Bowman. Director Davis assured the Board each request is studied individually, taking into consideration the geographic area and the effect on the floodplain, and if staff found that the height of the water level would go up 1/10 or 2/10 of a foot, a waiver would be denied. He also stated that staff keeps a file on floodplain waivers and while the issue has been debated, we have been consistent through the years. He commented that everyone is looking forward to a computer model of the river, either through the Surface Water Improvement and Management (SWIM) or the St. Johns River Water Management District. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. N. Semi -Annual Bond Review The Board reviewed memo from County Administrator Jim Chandler dated June 24, 1992: TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director, ar,�•.v FROM: Beth Jordan, Risk Manage DATE: 24 June 1992 SUBJECT: Semi -Annual Bond Review Please consider this item for the Board of County Commissioners' July 7, 1992,tonseiigenda. Background Chapter 137.05, Florida Statutes, requires the Board of County Commissioners to review the bonds of County officers twice annually. The Board last reviewed the bonds on January 28, 1992. Analysis We have reviewed copies of the bond for each Commissioner and Constitutional Officer and found them to be in keeping with statutory requirements. Recommendation Following review, no further action is required of the Board. 19 BOOK 19 FA.E b O b JUL 07192 Fr­ J L 071992 BOOK 9 , ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously accepted the report of the Semi -Annual Bond Review from staff. O. Budget Amendment 037 The Board reviewed memo from OMB Director Joe Baird dated June 30, 1992: TO: Members of the Board Of County Commissioners DATE: June 30, 1992 SUBJECT: BUDGET AMENDMENT 037 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS - The attached budget amendment is to appropriate funding for the following: - 1. On April 21, 1992 the Board of County Commissioners approved funding for the purchase of an emergency generator and the cost of engineering to upgrade Middle Seven School in Gifford to be used for a shelter in the event of a disaster. The attached budget amendment allocates the funding. 2. Court Reporting Services cost have been higher than anticipated in the 1991/92 fiscal year due to the Haris and Reaves cases. RECOMMENDATION, Staff recommends that the Board of County Commissioners approve the attached budget amendment 037.. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 037 as follows: 20 TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 037 FROM: Joseph A. Baird DATE: June 30, 1992 OMB Director P. North County Office Space - New Lease The Board reviewed memo from General Services Director Sonny Dean dated June 25, 1992: DATE: JUNE 25, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVf6 S SUBJECT: NORTH COUNTY OFFICE SPACE - NEW LEASE BACKGROUND: In August 1990, the Board authorized and executed a two year lease with FNB Properties, Inc., for 2,875 square feet of office space at the Sebastian Square Shopping Center. This space is occupied by Veteran's Services, Clerk of the Court, Property Appraiser, and Voter's Registration. The cost of space was at $7.00 per square foot or $20,125.00 annually. 2,1 WOK: Pfut C� I JUL 071992 .JUL 07 1992 ANALYSIS: On July 31, 1992, the present agreement will expire. Staff has negotiated a new three year lease with a 3.6% increase or $7.25 per square foot. We have also included in the new agreement a clause which will allow us to cancel up 60 days notice. RECOMMENDATIONS: Staff recommends approval of the new lease agreement with FNB Properties, Inc., at a annual cost of $20,843.75, and requests authorization for the Board Chairman to execute the applicable documents. Commissioner Bowman questioned the increase in rent. Director Dean explained that with the original 2 -year lease there was an understanding that there would be an increase. The proposed increase was higher than what is presently before the Board, and after negotiations we agreed to a 3.6% increase over 3 years which is approximately 1.2% increase per year. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously approved and authorized the Chairman to execute the new lease agreement with FNB Properties, Inc., at an annual cost of $20,843.75, as recommended by staff. SAID LEASE AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 0. Bid 92-99 - King's Highway Water Main Project The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated June 23, 1992: 22 DATE: JUNE 23, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Se s FROM: Fran Boynton Powell, Purchasing Manager SUBJ: 92-99/Ring's Highway Water Main Project Utilities Department BACKGROUND INFORMATION: Bid Opening Date: June 17, 1992 Specifications mailed to: Ten (10) Vendors Replies: Two (2) Vendors VENDOR BID TABULATION Timothy Rose Enterprises $33,581.70 Vero Beach, F1 G.E. French Construction $40,108.00 _ Okeechobee, FL TOTAL AMOUNT OF BID: $33,581.70 BUDGETED AMOUNT: $41,015.00 SOURCE OF FUNDS: Utilities General Impact Fees RECOMMENDATION: Staff recommends that the bid be awarded to Timothy Rose Enterprises as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached agreement, when all requirements are met and approved as to form by the County Attorney. ON MOTION by Commissioner Scurlock, SECONDED by. Commissioner Wheeler, the Board unanimously awarded Bid 92-99 to Timothy Rose Enterprises as the lowest, most responsive and responsible bidder for the Kings Highway Water Main Project and authorized the Chairman to execute the agreement, as set out in staff's recommendation. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 23 'JUL 0 71992 L- JUL 07 1992 BOOK 66 R. Filing of Housing Authority's Audits in Commission Office The Board reviewed memo from I.R.C. Housing Authority Director Guy Decker dated June 24, 1992: TO: The Honorable Members of DATE: June 24, 1992 FILE: the Board of County Commissioners THROUGH: H. T. "Sonny" Dean, Director Department of General Services SUBJECT: Filing of Housing Authority's Audits in Commission's Office FROM: Guy L. Decker, Jr: REFERENCES: Executive Director I.R.C. Housing Authority , It is recommended that the data presented be given formal considera- tion by the County Commission. DESCRIPTION AND CONDITIONS: The State of Florida's Auditor General's Office has suggested the Indian River County Housing Authority's recent annual Audits be filed in the County Commission's Office. The Indian River County Housing Authority is designated as a special taxing district and will be audited by the Auditor General's Office annually. -- ALTERNATIVES AND ANALYSIS: This is the first year this audit will be conducted -and this Housing Authority will be used as a pilot program for the other Housing Authori- ties throughout the State of Florida. RECOMMENDATION: We respectfully request the County Commission to authorize its - Chairman to approve the filing procedure so the Housing Authority is in compliance with all audit regulations. The County Finance Department is aware of this request and agrees, with this action. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the filing procedure for Housing Authority's Audits of Financial Statements. THE FOLLOWING FINANCIAL STATEMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 24 Victory Park Apartments - Phase I FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Date Years Ended September 30, 1990 and 1989 Victory Park Apartments - Phase II FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Data Year Ended September 30, 1990 Indian River County Housing Authority Financial Statements and Compliance Reports Year Ended September 30, 1990 Victory Park Apartments - Phase I FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Data Years Ended September 30, 1991 and 1990 Victory Park Apartments - Phase II FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Data Years Ended September 30, 1991 and 1990 Indian River County Housing Authority Financial Statements and Compliance Reports Year Ended September 30, 1991 Indian River County Housing Authority Financial Statements and Compliance Reports Year Ended September 30,1989 Victory Park Apartments - Phase I FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Data Years Ended September 30, 1989 and 1988 Indian River County Housing Authority Financial Statements Year Ended September 30, 1988 Victory Park Apartments - Phase I FmHA Project No. 569-000674-015 Indian River County, Florida Financial Statements and Supplementary Data Year Ended September 30, 1988 PUBLIC DISCUSSION MANATEE PROTECTION PLAN Environmental Planning Chief Roland DeBlois made the following presentation with the aid of an enlarged colored map; 25 BOOK FF,_ -7 JUL 071992 TO: Commissioner Gary C. Wheeler MANWAC Chairman FROM: Roland DeBlois,�AICP Chief, Environmental Planning DATE: June 16, 1992 SUBJECT: MANWAC Revised Recommendations; State Manatee Protection Proposal Following is a summary of the Marine Advisory/Narrows Watershed Action Committee's (MANWAC) revised recommendations concerning the FDNR manatee protection proposal, as approved by MANWAC at their meeting.of June 15, 1992.1 1. Revise the seasonal recreation use areas so that the 35 m.p.h. speed allowance time frame extends from April 15th to October 31st each year. 2. Eliminate all slow speed restrictions in the Intracoastal Waterway channel (and adjacent 100' buffers), including the elimination of seasonal slow speed within the channel of the Jungle Trail narrows, EXCEPT FOR recommended slow speed under bridges and between channel markers 137 and 143 (Riomar Cut). Revise all areas proposed to be 30 m. p. h. maximum speed within the Intracoastal Waterway channel (and adjacent 100' buffers) to 35 m.p.h. maximum speed. 3. Revise the configuratic.. of the unregulated recreation use area in the south portion of the county, east of channel markers 153-156, so that the unregulated area is 300 yards wide extending from the south tip of Prang Island to Porpoise Point, whereby the eastern boundary of the 300 yard width is the barrier island shoreline. Moreover, revise the unregulated area to include a 100 yard wide access corridor from the Intracoastal Waterway channel to "Martin Cove", along the south side of the existing east -west powerline (near channel marker 153). 4. Leave all residential canals (e.g., Vero Shores canals) open to public access, even if at idle speeds. 5. [FDNR] dredge the shoals at the confluence of the south fork of the St. Sebastian River, to an appropriate depth to allow for safe passage of both manatees and boats. 6. Revise the areas proposed to be slow speed outside of and west of the Intracoastal Waterway channel (and 100' buffers) to be slow speed within 600' of the lagoon west shoreline, with the remaining area (between the 600' west shoreline slow speed buffer and the Intracoastal Waterway channel 100' buffer) to be 20 m.p.h. maximum speed. This proposed revision does not apply to recreation use areas and proposed idle speed areas. 26 7. Revise the areas proposed co be slow speed outside of and east of the Intracoastal Waterway channel (and 100' buffers), from the Wabasso Causeway to the south county line, to be slow speed within 100' of the lagoon east (barrier island) shoreline, with the remaining area (between the 100' east shoreline slow speed buffer and the Intracoastal Waterway channel 100' buffer) to be 20 m.p.h. maximum speed. This proposed revision does not apply to recreation use areas and proposed idle speed areas. In addition to the above recommendations, although not included in the motion that was unanimously approved, there appeared to be a strong consensus among those at the MANWAC meeting that there is a need for mandatory boater education requirements (and boating registration)... with regard to manatee protection and boating safety. Please do not hesitate to contact me if you have any questions. 1 Underlined text represents changes/additions to MANWAC's original recommendations of May 11, 1992. Allen Edwards, 18 Tarpon Drive, member of Concerned Boaters of Indian River County, came before the Board to make additional recommendations to the State Manatee Protection Proposal. He felt this undertaking has come a long way. It is not everything the boaters want, it is not what the Manatee Club wants, so no one is getting everything they want. He spoke of having a 2 -hour meeting with Department of Natural Resources (DNR) Environmental Administrator Pat Rose, at which time the boaters listed several items they felt were wrong with the recommendations. Mr. Edwards advised that his group had no problem with anything north of Wabasso Island. The first change they would like to see is at Hobart Landing, which is about 5 miles from the Intracoastal Waterway (ICW). They recommend that the marked channel should be 30 mph so that boaters can get to the ICW. The second suggestion regards waterskiers, and Mr. Edwards felt the area between Hole in the Wall Island and the Gifford Cut should be unregulated for waterskiers year-round. He said it is outside the channel, it is very deep water, and the powerline makes a normal identifiable boundary, all of which makes it a fairly sheltered area for waterskiers. Mr. Edwards suggested that the access to Johns Island should be 30 mph because it is shallow and boats need to be able to get up on a step, or up on a plane, to get over that shallow water. His next point was regarding the area of the Barber Bridge. He realized that the reason for a "No Wake" zone south of the bridge was because of erosion to Memorial Island Park, but he thought that zone should not be tied to the cause of the manatees. He suggested that the City of Vero Beach could pass an ordinance to limit the speed south of the Bridge. He felt a "No Wake" zone is not 27 JUL 07 1992 r JUL 071992 nut necessary north of the bridge because there is no development in that area. Mr. Edwards agreed it is necessary to have the speed restriction between the fenders of the bridges for safety reasons and because there is deep water there and manatees will travel through that as they travel up and down the coast. He felt there is no reason for idle speed between the bridges on the west side of the river because there is no grass there and no manatee habitat. He suggested that particular area should be slow speed during the manatee season. Mr. Edwards felt that the Moorings needs a corridor of 30 mph to go from the shallows to the ICW, and he felt that the area of Round Island has the same situation and needs a 30 mph corridor also. Mr. Edwards was concerned that Indian River boaters would not have a representative in Tallahassee during the hearings and suggested we ask for a postponement of the hearing until September. Commissioner Bird advised that the process involves the DNR setting an agenda, and then presenting that agenda before the Governor and the Cabinet, so any postponement would involve two meetings. Dean Leuthje, 6 Tarpon Drive, came before the Board to contribute his perspective. He confirmed that no one has gotten everything they want. In his opinion, the first plan basically was slowing down 80 percent of the river. The current plan, from November through April, slows down 60 to 70 percent of the river, and during the summer months, 40 to 50 percent of the river will be slowed down. He approved the modifications presented by Allen Edwards and agreed that representatives of the boaters of Indian River County should be there when this plan is presented to the Governor and Cabinet. Patty Thompson, staff biologist for Save the Manatee Club, came before the Board to express the disappointment of her group with MANWAC's recommendations. The members of Save the Manatee Club believe that the plan is woefully inadequate to address the future problems and needs for manatees in Indian River County. They are concerned with the attitude that it can be fixed later when it becomes a problem, and they ask how many manatees have to die before it is considered a problem. Ms. Thompson stated that Save the Manatee Club supports the DNR -proposed rule because the MANWAC proposal has nothing for manatee protection. She urged the Board to support DNR's current recommendation and get it on the July 21 agenda. She hoped the Governor and Cabinet will adopt it as scheduled, and she stated that her group will continue their work until the rule can be readdressed. 28 Peter O'Brien, 156 44th Court, member of MANWAC, came before the Board to address several points in MANWAC's recommendation. He was concerned with seasonal restrictions on waterskiing and felt that concentrating this activity to certain areas and certain times of the year will cause an overcrowding problem. He stated that the time frames recommended by MANWAC took into consideration data regarding manatee sightings and currents in the river. He felt the required signs at all these different slow speed zones in the ICW would result in signage up and down the channel. He recommended a 35 mph maximum speed except for the bridge areas. With this uniformity there could be one sign at the end of the county instead of "all these different signs just cluttering the whole landscape.,, He felt the access routes from Round Island, the Moorings and Johns Island should remain at slow speed because the distances are not that great and an extra 5 minutes would not hamper a boater's day on the river. Additionally, Round Island will be adding a new boat ramp which will increase the activity in that area and a slower speed will be safer. He felt that boaters in Indian River County are aware of manatees and have a good track record in that respect and that MANWAC's recommendations are reasonable compromises which are acceptable to everyone. Commissioner Bird reported that his late arrival at today's BCC meeting was because he was on the telephone with Department of Natural Resources (DNR) Environmental Director Pat Rose, going over the recent suggestions by the Concerned Boater Committee. There was to be a meeting in Tallahassee at 3:00 o'clock at which Mr. Rose and his staff would finalize their recommendation and agenda item to be presented to the Governor and Cabinet. Commissioner Bird related Pat Rose's reactions to the various suggested changes. Chairman Eggert and Commissioner Wheeler thought that their most recent meetings with Pat Rose left the impression that the DNR plan was acceptable and DNR did not care to see any new suggestions. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, to accept the modifications in the MANWAC memorandum dated June 16 which DNR have indicated are acceptable, but also authorize Commissioner Bird to talk to Mr. Rose to get whatever additional reasonable concessions were suggested here today. Pil L-JUL 0' 7 192 J r JUL 071992 8m� 1 A Under discussion, Commissioner Bird reported on his conversation with Pat Rose as follows: Regarding Johns Island, Mr. Rose could not visualize where we could create a channel coming out of tha area, and he asked if we could FAX some additional information or an enlargement of that area to define the route that we would propose boats be allowed to take at the higher speed. Mr. Rose reported that he and his staff anguished a long time over the issue of opening up the Gifford Cut area year round. He said they do show a lot of manatee activity around those islands and along the fringe of those islands and they will look at it, but he seemed pretty defensive about not opening up the area around that group of islands north of Fritz Island. Regarding the area around Hole In The Wall Island, Mr. Rose was quite defensive about that area. He said that they studied that a lot, and because they were giving up the narrows in the off season to the skiers, they felt they had to keep that area on both sides of Hole In The Wall restricted in the hope that the manatees would become accustomed to using the old channel on both sides of Hole In The Wall in their north -south migration and bypass the narrows. Regarding the area between the bridges, Mr. Rose said he would take into consideration the suggestion to keep a slow speed on both sides and keep the idle I_ speed in the canals and the fingers. He agreed to look at the areas of the Moorings and Round Island regarding the 30 mph channels, but he wanted to see if the water was deep enough for the manatee to avoid boats in those proposed higher speed channels. Commissioner Bird did not feel that Pat Rose was warmly receptive to these suggested changes. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Commissioner Bird led discussion regarding our representation at the meetings of DNR staff and the Governor. He felt we should have legal help to move this process in the right direction and to make the appointments with the aides and Cabinet members. Commissioner Scurlock thought, and the Board members agreed, that our in-house legal staff are capable of assisting Commissioner Bird -and appropriate staff to represent our position at the meeting in Tallahassee on July 21. Commissioner Scurlock felt that his motion at a previous meeting was to authorize just that. In further discussion, Chairman Eggert suggested that the budget workshop, which is scheduled for July 22, begin at 1:00 p.m., rather than 9:00 a.m., to allow for delays staff's return from Tallahassee. That change was approved by the Board. 30 Commissioner Bowman urged Indian River County to take the lead in recommending boater education throughout the state. The Board agreed, and Commissioner Wheeler noted that a movement to license boat operators is gaining momentum. The Chairman recessed the meeting briefly at 10:22 A. M. and the Board reconvened at 10:35 A. M. with all members present. PUBLIC HEARING COURTSIDE SUBDIVISION (38TH SQUARE S.W.) WATER SERVICE PROJECT RESOLUTION III The hour of 9:05 o'clock A. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter In the 14 Court, was pub- lished in said newspaper in the issues of 6� nolo �G iG�n t NOTICE The Board of County Commissioners of Man River County, Florida, hereby provides notice of PUBLIC HEARING ached for 9:05 A.M. on Tuesday - July 7, 1992, to discuss a proposed resolution relating to a SPECIAL ASSESSMENT PROJECT in Indian River County for the installation of WATER SERVICE IN COURTSIDE SUBD, 38th SOUARE, SW, and providing for special assess- ment liens to be made of record on the propertles to be served. 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 testimony and evidence upon which the appeal Is based. . Affiant further says that the said Vero Beach Press -journal is a newspaper published at June?2,29, 1992 911588 Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this a e day of A. D. 19 �� `(Business Manager) (SEAL) a 1571711 1V h" Put+M state of Rol flAy Cmimnission Expires Jima 29, IPI 31 GOOK 66 f'FtA Gn i JUL 0r ftiUL The Board reviewed memo from Utility Services Director Terry Pinto dated June 23, 1992: DATE: I JUNE 23, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI PREPARED JAMES D. CHASTA I AND STAFFED MANAGER OF ASS PROJECTS BY: DEPARTMENT OF ITY SERVICES SUBJECT: COURTSIDE SUBDIVISION - 38TH SQUARE, S.W. WATER SERVICE PROJECT - RESOLUTION III PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO. UW -92 -02 -DS BACKGROUND On June 16, 1992, the Indian River County Board of County Commissioners approved Resolution I (92-84) and Resolution II (92-85). Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (92-84) was published in the Vero Beach PRESS JOURNAL on June 22, 1992. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design of the water distribution system is complete. An informational meeting was held with the property owners on June 23, 1992. The cost per square foot is $0.10326421778, and the project will serve 29 properties on 38th Square, S.W.. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. The total estimated cost to be assessed is $64,365.00. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Sandy Brown, 430 38th Square S.W., came before the Board and spoke in favor of the water project. She said she and her neighbors have wanted this water service for some time and urged the Board to approve this project. W It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 92-95 confirming the special assessment in connection with a waterline extension to Courtside Subdivision (38th Square S.W.), as recommended by staff. RESOLUTION 92-95, WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Public Hearing (Third Reso.) 6/18/92(legal)Vk/DC RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA RESOLUTION NO. 9Z- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATERLINE EXTENSION TO COURTSIDE SUBDIVISION (38TH SQUARE, SW); AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO $E MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-84, adopted June 16, 1992, determined to make special ass.�sments against certain properties to be serviced a waterline extensioii of the County located in Courtside t Subdivision (38th Square, SW); and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published on June 22, 1992 , as required by Section 11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-85, on June 16, 1992, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all compl,_:nts as to said project and said special assessments, and for the Board to act as required by Section 11-53, Indian River County Code; and 33 �e , Ii � MOK � JUL 071992 JUL 07 1992 MOK rr1 Jt Vf..d 6S WHEREAS, notice of the '.:pie and place of the .public. hearing was published in the Press Journal Newspaper on Monday, June 22, 1992, and once again on Monday, June 29, 1992 (twice one week apart; the last being at least one week prior to the hearing) , as required by Section 11-52, Indian River Cc arty Code; and WHEREAS, the land owns._ of record were mailed notices at least ten days prior to the hearing, as required by Section 11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, July 7, 1992, at 9:05 a.m. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the -v - lidity of the special assessments. 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 K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon dec'-tred the resolution duly passed and adopted this 7 day of july , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By el Car ha , K. Eggert Chair an 34 0 r REQUEST TO APPROVE ENVIRONMENTALLY SIGNIFICANT LANDS BOND Commissioner Bird announced a potential conflict of interest and filed the necessary form with the Clerks office. He explained that if the Commission votes to put this item on the referendum ballot, and if it is approved, and if the money is allocated and the lands are purchased under this acquisition plan, his company has the listing on one of these pieces of property that has been considered by the committee. Commissioner Bird pointed out that it is a remote possibility that a sale will ever occur to benefit him but because there is that potential, he would prefer not to vote on this matter and not discuss it. He suggested that it would be a mistake not to include some wording in the referendum question to the effect that some compatible recreational use could be made of some of these lands. He thought that wording would give it more broad-based appeal. Whereupon, Commissioner Bird left the chamber. MEMORANDUM OF VOTING CONFLICT FORM 8B IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Environmental Planning Chief Roland DeBlois made the following presentation: TO: James Chandler County Administrator FROM: Robert M. Keating, AICP RM K, Community Development*Director DATE: July 1, 1992 SUBJECT: REQUEST TO APPROVE ENVIRONMENTALLY SIGNIFICANT LANDS BOND REFERENDUM It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1992. DESCRIPTION & CONDITIONS: Since its establishment in September 1990, the Indian River County Land Acquisition Advisory Committee (LAAC) has met on a regular basis to carry out the functions assigned to it by'Resolution No. 90-104 (amended by Resolution No. 92-58). Its accomplishments have included: preparation and adoption of a Land Acquisition Guide; compilation of a list of environmentally significant sites proposed for acquisition; assessment, evaluation and prioritization of sites proposed for acquisition; and preparation of several state land acquisition applications. 35 !J U L 0 7 µLiC!W. (:ij 199, JUL 1992 BOOK, Besides those activities referenced above, Resolution No. 92-58 charges LAAC with the responsibility of developing funding mechanisms for the acquisition of land. The resolution further states that the committee should determine a date and amount for any bond referendum that the committee might propose. During the past several months, LAAC and county,staff have spent considerable time addressing the issue of a proposed bond referendum. Besides date and amount, the committee has also considered the proposed millage rate and duration associated with any proposed bond referendum. Foremost among the factors considered by LAAC in determining the date, amount, duration, and millage rate for a proposed bond referendum were two. These were: need for funds and approvability of a referendum. • NEED LAAC used several indicators to determine how much money should be generated by a bond referendum. With general agreement that no referendum would produce sufficient funds to acquire all environmentally significant properties that warrant protection, the committee attempted to determine an appropriate amount. In making its decision, the committee considered the estimated value of those sites which it has presently targeted for acquisition. Starting with approximately thirty properties; LMC has narrowed the initial list to ten, assigned each of the ten properties to one%of three groups, and then prioritized the groups from A to C. Combined, the estimated value of the ten tracts - totals almost $25 million. While +$25 million is one estimate of need, another perspective focusses on minimum need. According to the county's comprehensive plan, the county must acquire at least 750 acres of uplands by the year 2010. With + 5,000 acres represented by the ten properties on LAAC's acquisition list, the upland requirement could be met with acquisition of ..a limited number of properties for substantially - less than $25 million. However, besides general uplands, other types of ecological communities also warrant protection through acquisition. These include wetlands, upland/wetland mosaics, and areas supporting endangered/threatened species. Recent efforts by the state and regional agencies indicate that protection mandates for these communities may increase in the future. Complicating the need issue are several factors. First, it is anticipated that available funds will be leveraged; that is, used as matching monies for joint local and state/federal purchases. Second, acquisition could involve less than fee simple purchase, thereby reducing cost. Finally, the land acquisition program is designed to be on-going, with additional properties evaluated and the acquisition list revised and reprioritized each year. • APPROVABILITY The second major consideration of the committee was the probability of passage of any proposed bond referendum. While various opinions were considered by the committee regarding the prospect of passage at various amounts, rates, or durations, little supporting evidence was provided. rrl M M M The committee, however, was conducted in Indian Rive According to that survey, support a $32 million bond 20 years. While that poll referendum, these figure provided with the results of a survey r County by the Nature Conservancy. 43 percent of the population would issue to be paid by a 1/2 mill tax for indicated that 40 percent opposed the s may underestimate support and overestimate opposition for two reasons. First, the referendum question tested was poorly worded; second, no effort had been made to inform county residents of the need for and the benefits of environmentally significant land acquisition. Finance Advisory Committee Recommendation In the process of developing a bond referendum recommendation, LAAC requested advice from the County Finance Advisory Committee. Meeting twice, once in a joint meeting with LAAC and the other time separately, the Finance Advisory Committee considered LAAC's objectives and need for funds, as well as the probability -of the referendum passing under various scenarios of amount, rate, and duration. Based upon these criteria, the Finance Advisory Committee made a recommendation to LAAC. On a 4 to 3 vote at its meeting of June 10, 1992, the Finance Advisory Committee recommended that LAAC approve a bond referendum of $15 million to be paid by a 1/2 mill levy for _a period of approximately ten years. The three dissenting votes represented a preference for a lower bond amount and a shorter duration. To support the minority position, Finance Advisory Committee member John Morrison drafted a separate statement and presented it to LAAC. ALTERNATIVES & ANALYSIS: At its meeting of June 24, 1992, LAAC considered various bond referendum options. These included the Finance Committee recommendation option; a "full funding" ($26 million) option; and various other alternatives. Attached to this item is a set of bond size projections, given various millage amounts, interest rates, and time frames. These options were considered by the committee. In general terms, the committee considered two options for the bond referendum amount. One option was an amount adequate to meet needs. While the advantage of such an option is full funding (with respect to the present target list of ten sites), the disadvantage is a lower probability of voter approval (in comparison to a lesser referendum amount). The other major option considered was a referendum amount of substantially less than $26 million. Variations of this option included a 1/2 mill for five years option, equalling approximately $9.5 million (with the prospect of extending the bond authority for another five year term); a 1/2 mill option for ten years (+$14 million) ; and a 1/4 mill option for thirty years (+$19 million). Advocates for these alternatives felt that a lower amount, shorter duration, or lower millage rate would enhance the prospects of the referendum passing. 37 JUL ®71992 L_ FP'_ JUL 07 1992 On a 9 to 4 vote, LAAC approved and recommended to the Board of County Commissioners that a general obligation bond referendum of $26 million to be funded by an estimated 1/2 mill levy for approximately fifteen years The prevailing sentiment was amount that is sufficient to reasonable chance for pasc lessening the amount, rate otherwise inclined voters tc be included on the November ballot. that the referendum should be for an meet land acquisition needs and has a age. The majority also felt that or duration would not entice many support the referendum. LAAC recommended by a vote of 12 to 1 that the specific referendum language be as follows: Shall Indian River County be authorized to acquire environmentally significant land to protect water quality, open spaces, and wildlife habitat, by issuing general obligation bonds not to exceed $26 million to be repaid in approximately 15 years by an annual ad valorem tax not to exceed one-half mill? Informational Brochure In addition to its work on the referendum issue, LAAC has also addressed the issue of informing the voters of the referendum and the purposes of environmentally significant land acquisition. To this end, the committee has prepared a draft brochure that can be mailed to each registered voter household in the county, and absentee voters. Estimated cost of printing (+9 cents per copy) and mailing the brochure (+17 cents per copy) is +$10,300. This could be funded by general fund contingency. RECOMMENDATION: The Indian River County Land Acquisition Advisory Committee and staff recommend that the Board of County Commissioners: approve a November general obligation bond referendum for environmentally significant land acquisition -of $26 -million to be repaid by an ad valorem tax levy of an estimated 1/2 mill for approximately fifteen years; approve the proposed bond wording as stated above; approve the draft informational brochure; and authorize the expenditure of funds to print and mail the brochure. SIZE OF BOND ISSUE @ .25 MIL BOND INTEREST AMOUNT AMOUNT RATING RATE TERM BONDS GENERATED FROM AD VALOREM TAXES AVAILABLE BOND FOR DEBTSERVICE ISSUE SIZA A► 6% 5 YEAR S1,342,358 $1,198,534 55,000,000 A 6.5% 7 YEAR $1,342,358 $1,198534 56,675,000 A 6.85% 10 YEAR $1,451,894 51,296,334 5910001000 A 7.006/0 12 YEAR $1..570,369 $1,402,115 511,000,000 A 7.1095 15 YEAR $1,633,183 51,458,199 513,000,000 A 7.25% 20 YEAR S1,766,451 51'77,188 516,000,000 A : 7303'0 30 YEAR 51,837,109 51,613,000 .519,000,000 38 SIZE OF BOND ISSUE @ 30 MIL SIZE OF BOND ISSUE @.35 MIL AMOUNT AMOUNT BOND INTEREST TERM GENERATED FROM AVAILABLE BOND RATING RATE BOND AD VALOREM TAXES FOR DEBT SERVICE ISSUE SIZE A 6% 5 YEAR Sl$48,874 SI,384,993 55,750,000 A 63% 7 YEAR $1$48,874 51382,923 57,500,000 A 6.85% 10 YEAR S1,742,273 51355,601 510300,000 A 7.00% 12 YEAR 51$11,963 51,617$24 S12$00000 A 7.10% 15 YEAR S1,959$M $1,749$39 515,500,000 A 7.25% 20YEAR 52,119,741 SIM626 S191000,000 A 7.30% 30 YEAR S2,204,531 S1yZ AW 523,000,000 SIZE OF BOND ISSUE @.35 MIL SIZE OF BOND ISSUE @.40 MIL AMOUNT AMOUNT BOND INTEREST TERM GENERATED FROM AVAILABLE BOND, RATING RATE BOND AD VALOREM TAXES FOR DEBT SERVICE ISSUE SIZE A 6% 5 YEAR S1,807,019 $1,613,410 56,500,000 A 6.5% 7YEAR $1,807,019 51,613,410 58,700,000 A 6.85% 10 YEAR 52,034,651 S1$16,653 S12 000,000 A 7.00% 12 YEAR 52,113,957 51,887,462 515,000,000 A 7.10% 15 YEAR 52.286,456 $2,041,479 $17,500,000 A 7.25% 20 YEAR 52,473,031 S2,=,063 521300000 - A 730% 30 YEAR 54571,952 52,245000 525000,000 SIZE OF BOND ISSUE @.40 MIL SIZE OF BOND ISSUE @ .45 MIL AMOUNT AMOUNT BOND INTEREST TERM GENERATED FROM AVAILABLE BOND ' RATINO RATE BOND AD VALOREM TAXES FOR DEBT SERVICE ISSUE SIZE A 6% 5 YEAR 52065,165 $1,843,897 $7,250000 A 6.5% 7 YEAR 52065,165 $1,843,897 $10,000,000 A 6.85% 10 YEAR S2,323,030 52,074,134 514,000,000 A 744 12 YEAR S2,415,951 S2,157,099 S1710001000 A 7.10% 15 YEAR 52,613092 $2,333,118 $21,000,000 A 7.25% 20 YEAR 52$26321 52,5239501 S26000,000 A 7.30% 30 YEAR 52,939$74 52,570,854 S30,000,000 SIZE OF BOND ISSUE @ .45 MIL 39 BOOK �)'Y� F���ur: JUL 199 AMOUNT AMOUNT BOND INTEREST TERM GENERATED FROM AVAILABLE BOND' RATING RATE BOND AD VALOREMTAXES FOR DEBT SERVICE ISSUE SIZE A 6% 5 YEAR $2$73,310 $2074$84 $81500,000 A 6.5% 7YEAR 52$23$10 52074,384 $11,000,000 A 6.85% 10 YEAR 52,613,408 52$33,400 516,000,000 A 7.00% 12 YEAR 52,717,944 52,426,736 518,000,000 A 7.10% 15 YEAR 52.939,729 S2r624,758 522,000,000 A 7.25% 20 YEAR 53,179,611 52.838,938 5270WAM A 7.30% 30 YEAR S3,306,795 53032069 534,000,000 39 BOOK �)'Y� F���ur: JUL 199 IAL ;b., 1992 7 VALUATIONS FOR LAAO T A.9 -t, Descri i on (Acresl SIZE OF BOND ISSUE Q SO MIL $ per_ Ac-rr. BOND INTEREST AMOUNT AMOUNT $ Per tract _ number) RATING RATE TERM BOND GENERATED FROM AD VALOREM TAXES AVAIIABLE FOR DEBTSERVICE BOND ISSUE SIZE A 6% 5 YEAR $2,581,456 SZ W,871 591500,000 A 6.5% 7 YEAR 52,581,456 52,304,871 512,500,000 A 6.85% 10 YEAR 52,903,787 S2r59207 S17,5W,000 A 7.00%, 12 YEAR S3.01%m SZ696,373 521,000,000 A 7.10% 15 YEAR 53,266,365 S2,916,M S26 000,000 A 7.25% 20 YEAR 53,532,901 53,154$76 532,000,000 A I 7.30% 30 YEAR 53,674,217 53,235,082 5381000,000 VALUATIONS FOR LAAO T A.9 -t, Descri i on (Acresl Ser Tract p $ per_ Ac-rr. (Last column = $ Per tract _ number) A U-2 Sebastian River (1658) - $3,225,000 $ 1,945 U-7/8 Archie Carr (35) 6.413,750 183,250 $ 9,638,750 B U-1 Winter Beach Scrub (110) 1,738,070 15,801 U-6/24 N. Jungle Trail/ Korangy (132) 580,300 4,396 U-10/11 Prang Island (28) 144,620 5,165 U-12/13 Lost Tree Islands (273) 2,133.850 7,816 4,596,840 C U-3 Lowenstein/ Salama (127) 1,621,500 12,768 U-9 Padgett Branch (2500) 3,036,170 1,214 U-15 I.R. Blvd. (S. Ext.) (170) 3,493,010 20,547 U-17 Round Island (78) 2,458,080 31,514 10.608,760 $24,844,350 40 � � r 11 1 1 i LAAC SITS ACREAGE lATRIX 03/25/92 Plant Community LAAC.Site ID W.B. Scrub Coraci Salam/Low. Arch. Carr Padg. Brnch Prang LTV. Isl. S. IR Blvd. Round N.J.T./ II-1 p-2 II g U-7.8 U-9 U-10,11 U-12,13 U-15 Isl. U-17 Korangy Q-6,24 TOTAL, Xeric Scrub 88 492 30 --- Coast./Trop. — -- 300 910 `Sasmock -- 7 23 8 10 -- 8 -- 56 Coastal Strand _ - - -- — -- Pine Flatwoods — 10 - 12 13 25 46 750 Dry Prairie — 806 ---_ 325 500. ---- Bardwd. Hassock ----'� - �_-- `- ---- 825 ---------- Freshwater wetly. 7 --- 100 30 130 -- ---- --- 148 350 Estuarine Wetla. __— ------ 90 -- — _� — 505 --------------------------------------- Improved Pasture - --- -- 3 32 80 — 46 ---____-- ---- M369 __�---__-_-- 645 500 --- -- - _ __ Citrus Grove -' -----_�_ __—�_ _ __-- -------- --------------- 1145_ Cleared/Barren -- ----------------- 5 ----------- ---- ----- 10 ----------- —10_ Nuisance /Exotic -------------------- _—_ — _----- _-- —��_-- Species 2 17 241 50 9 ------------- 6 -- 325 ----------------- -- ------ (predom.) Other------- ------------- -------- --- ---- ------ -- ---- ------------ ------ ------------------ TOTAL-------- _—------- 1151658 ___-------------- 127 -- 35 2500 - 28 ------- 273 ----------------------------- 170 78 132 5111 ------------_-----�------ -- --------------------- ----- u\rol\laac.acre `Te n� 11 1 1 JUL 0 19�' �_, BOOK 86 Mr. DeBlois pointed out that the suggested referendum brochure has some phrases underlined and others blacked out. He explained that the editing was done because our legal staff recommended we retain county neutrality standards. County Attorney Charles Vitunac advised that in the meantime a new Supreme Court of Florida ruling came into effect which states that not only may county commissions take a stand on bond issues, but they really should, because they have a duty to inform the People. Under that ruling the original wording of the suggested referendum brochure may be used. Mr. DeBlois recommended that based on the County Attorney's opinion, we should just ignore the blacked -out and underlined phrases and use the committee's recommended language. He further described it as a tri -fold brochure, using recycled paper, having a glossy finish, with one photo of a natural area on the outside fold. He gave the Chairman samples of other pamphlets which were rejected by the committee. Mr. DeBlois reported the results of research into the costs of the brochures. Using estimated figures from the Office of Supervisor of Elections Office, there are approximately 35,000 voter households. With additional,'brochures for use in presentations and meetings, staff estimates a total of 40,000 brochures. Commissioner Scurlock requested a separate discussion on the brochure and requested the discussion be confined to the finances and language of the referendum question. Chairman Eggert advised that our current library bonds would be retired July 12, 1994, and if this referendum were to be passed, it could not get into a budget until fiscal year 1993-94. It is possible to issue these bonds in 1993-94 with the debt beginning in 1994-95. She further reported that the library bond interest was .3967 mill, and the proposed bond is up to .5 mill. Commissioner Scurlock supported the recommended language of $26 million, not to exceed .5 mill, because it affords enough flexibility. However, he stressed we are not relying solely on dollars because there are other mechanisms of acquiring property in terms of planning issues; for example, conservation easements or transfer of densities. Chairman.Eggert pointed out that language to that effect was included in the language of the brochure. Commissioner Scurlock realized that but wanted to make his point because we must be careful if we compare this issue to the library issue. Another important point to express to the voters is that this is a dynamic, fluid process and there are certain properties listed which may have a change in rating, availability, 42 _ M M M or appraised value, any of which would change our estimated costs. Commissioner Scurlock foresaw difficulty in selling this bond issue to the public because of the tough economic times. He felt that many people who ordinarily would support this type bond referendum would not be able to support it now if they have difficulty supporting their families. He stressed that these issues are not really part of the recommendation but will have to be addressed, and there is a need for a process of educating the public. Chairman Eggert pointed out that the Land Acquisition Advisory Committee (LAAO) and staff, with the approval of the Commission, designed this brochure as an information sheet. It will be used by everyone to publicize the referendum, including various clubs and organizations, and everyone will work with the same information. Commissioner Scurlock was concerned that the public understand that the referendum does not mention a minimum amount. We are going to issue general obligations not to exceed .5 mill, but whether this bond referendum passes or not there is a Comprehensive Land Use requirement for acquisition of property which will occur either by bond issue or by the County Commission voting a millage to go out and purchase land. He wanted the brochure to include language to explain that we are going to raise enough money out of this issue, if it is successful, to meet that requirement under the Comp Plan. County Attorney Charles Vitunac advised that this referendum is not to put a restriction on the power of the County. It is just to authorize ad valorem tax. The County Commission has the full power to spend less if it wants to, and this referendum should not be a restriction on that. Even if the Board has this authority, we do not have to spend any of it. Chairman Eggert and Commissioner Scurlock agreed that we should stress that point. Discussion ensued regarding the possibility of state and federal matching funds for the purpose of purchasing property. Commissioner Wheeler led discussion on quality of life. He noted that many communities form homeowners associations for the purpose of beautifying their neighborhoods. They realize that this is an asset to Indian River County. Commissioner Wheeler also pointed out that the voters will have the opportunity to voice their approval or objection. Commissioner Scurlock stressed that if the bond referendum fails, the requirement to fund acquisition of property remains. Commissioner Wheeler agreed that we as taxpayers are going to pay for it whether in a general obligation bond or general millage rate, but he felt the proposal is comprehensive and is a good plan. 43 WWI Lk00K. bb Fhtr3{. J U L 07 1992 P Commissioner Bowman noted that if this does not pass, we will be spending the money faster and in larger amounts. With this bond issue, the people who are not here yet are also going to pay for this. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Herndon Williams, member of the Land Acquisition Advisory Committee, wanted to clarify that we will not spend $26 million either through a referendum or through millage. There is no other requirement except one that the Commission lays on itself to buy five thousand acres. The requirement of the Comp Plan is 750 acres and that does not cost $26 million, and in fairness to the voters, they ought to know this. Commissioner Wheeler did not think the brochure or the referendum question indicates that we will spend $26 million. We will spend whatever is necessary and we do not imply otherwise. Bill Koolage, 11 Vista Gardens Trail, stated that he could not support this plan. He was concerned with this bond issue coming at a time when the economy is so bad. He criticized the comment that this expense will be paid for in the future, because we are paying now for expenditures that have been made in the past. He gave examples of land acquired by the County that cannot be used, and urged the Commission to appropriate the money for the minimum amount and not go out for $26 million. He realized that one argument is that interest rates are low, but he felt that even though we may have to pay a higher price at some future time, we may be better able to afford it then. Mr. Koolage was opposed to the bond issue and promised to do all he can -to see that it is defeated if it goes to a referendum. Commissioner Wheeler respected Mr. Koolage's opinion, but explained that this issue will go to the voters. Mr. Koolage objected to the publicity notices which will be sent out. John Orcutt, 425 12th Place S.E., urged the Board to proceed with the referendum. He felt it is very important to show voters the advantages and disadvantages of acquiring these properties. One obvious disadvantage is the cost, but he felt it is an investment in our quality of life and green space. He saw quality of life as a selling point to attract businesses to our county. He pointed out that there are not a lot of buyers in the real estate market now, interest rates are down, and we should be taking advantage of that situation. He reported that in 15 other counties people voted for this type referendum because they want to protect their homes and their communities and their quality of life. He 44 M M ® r � encouraged the Board to approve the proposed referendum question in the simplified form, asking for .5 mill, $26 million, and less than 15 years. Toni Robinson, 1491 Treasure Cove Lane, wanted to include the word "recreation" in the referendum, although sometimes that word could be misleading. Discussion ensued, and Commissioner Bowman thought "passive recreation" might be more appropriate, but Attorney Vitunac advised that if we add the word "passive," that restriction could cause trouble in the future. Ms. Robinson suggested "recreation" be defined so that it would not be confused with "ballfield:" Chairman Eggert confirmed that the general feeling was that the word "recreation" should be left out of the language of the referendum question. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, to approve the wording as recommended by LAAO, but to stress that our goal is to acquire these properties with a minimum reliance on taxation. Under discussion, it was clarified that the motion was only for the language in the referendum question and not for the brochure. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0, Commissioner Bird abstaining). County Attorney Charles Vitunac clarified that he will present a bond resolution to the Board in about two weeks. Chairman Eggert led discussion regarding the brochure format and type of paper to be used. She announced that a committee of Talmadge Rogers, Pat Brown, Dick Baker and Roland DeBlois put together the sample brochure. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, to accept the format and text of the sample brochure as prepared and presented. 45 JUL 07 1992 [JUL Floor, 3J P,1,� 63 Under discussion, Commissioner Wheeler reluctantly supported a mailing of these brochures, but would not support a brochure that advocated the referendum. He thought that if we spend tax dollars, we should divide it pro and con. COMMISSIONER WHEELER WITHDREW HIS SECOND TO THE MOTION and the Motion died for lack of a second. Discussion ensued regarding the quality of paper, the specific photograph that would be used, and costs. Mr. DeBlois presented the following figures: TO: Commissioner Carolyn Eggert LAAC Chairman FROM: Roland DeBloisT AICP Chief, Environmental Planning DATE: July 7, 1992 SUBJECTS 1AuW Acquisition Informational Beachura costs Istinates Please the tonswing cost esti t --tfir tM pc► ,. ng ed land a��t�ti. � i�tfsl2lti. e. voter hauseholds ana 4-j, voters; the li fft— aiscellaneous presentatierm and huts. 807jeud Glow led/ One photo army4 Pro P to So Photo Estimated cost of brochure: each: 10.34 cents 8 cents 3 cents 40,000: $3,868 $3,235.5 $1,200 3rd class bulk mailing (including labeling and sorting): each: 15.50 cats 15.80 its 15.50 cents 35,000: $5,425 $5,425 $5,425 Absentee voters lot class mailing: each: 29 cants 29 cents 29 cents 3,000: $870 $870 $870 4O2ALt $",M3 X9,530.8 $7,495 46 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board approved (3-1, Commissioner Wheeler voting in opposition and Commissioner Bird abstaining) the sample informational brochure as presented by the subcommittee of LAAC, with the addition of the words "state and federal matching funds" in the second paragraph, and the refined sample be presented to the Board. Mr. DeBlois stated that the subcommittee preferred the brochure be printed on glossy paper. There was an additional charge of $2,500 for glossy finish. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board (3-1, Commissioner Wheeler voting in opposition and Commissioner Bird abstaining) approved glossy finish paper be used for the brochures. FALSE FIRE ALARM SERVICE CHARGES_- CHAPTER 301, IRC CODE The Board reviewed memo from Emergency Services Director Doug Wright dated June 22, 1992: TO: Board of County Commissioners THROUGH: Jim Chandler, C my Administrator FROM: Doug Wright, irector Emergency Services DATE: June 22, 1992 SUBJECT: False Fire Alarm Service Charges - Chapter 301, IRC Code It is respectfully requested that the Information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS On December 13, 1988, the Board of County Commissioners approved Ordinance No. 88-47, which adopted a False Fire Alarm Ordinance and established a service charge for excessive false fire alarms. The ordinance provided for an alarm user to be charged $25.00 for the first false alarm in excess of three false alarms in any six-month period, $50.00 for the second false alarm in excess of three in any six-month period, and $100.00 for the third and each successive additional false alarm in excess of three in any six-month period. 47 JUL 0 7 1992 BOOK. L.- - JUL 07 192 On May 14, 1991, the Board of County Commissioners revisited the Ahlse Fire Alarm Ordinance and increased the service charges to ,4100.00 for the first false alarm in excess of three alarms; $200.00 for the second -false alarm in excess of three; and $300.00 for the third and each successive additional false alarm in excess of three in any six-month period. During the period from July 1, 1991, through December 31, 1991, there were 88 false fire alarms which resulted in service charges. The amount of $16,900 was billed/invoiced to the eleven (11) agencies or individuals for the false fire alarm charges. As of June 22, 1992, only three agencies have paid the service charges billed to them or a total of $800. A balance of $16,100 remains outstanding and a second billing notice was sent May 1, 1992, to each agency or individual which has not paid. The problem being encountered by staff is timely payment of the invoices sent out in February, 1992. A second billing term is coming to a close on June 30, 1992, for which the excessive false fire alarms will be subject to the increased charges. As of May 30, 1992, there are 137 billable false fire alarms with another thirty days to go on the billing cycle. The fire prevention staff is working with the agencies or individuals to preclude any additional increases in the number of false fire alarms that is currently being experienced. Staff felt it would be appropriate to bring the matter to the attention of the Board for review prior to aggressively seeking payment of the charges through other processes provided by the existing ordinance. ALTERNATIVES AND ANALYSIS Some of the agencies have raised the issue of exemptions since they are non-profit organizations. Two other entities are tax revenue supported to some degree and a possible exemption has also been raised by one of these agencies. It seems the common agreement among the agencies who have contacted staff is that the service charges are excessive and unfair. Staff feels that the costs associated with false fire alarms equally impacts all the taxpayers and all entities, whether private, charitable, non-profit, or tax supported. A recently passed state law should provide some relief in terms of the -number of false fire alarms that are occurring. The law requires that every fire alarm panel be tagged as having been inspected and certified by a licensed electrical contractor or fire alarm contractor. Absent this certification, the fire prevention inspector will report it as a fire code safety violation which must be quickly corrected. Since some alarm systems have not been checked for defects in years, staff feels this law will really be beneficial and reduce the number of false alarms. Action is being taken by some -of the larger institutions in the County to correct problems. One has recently employed a full time licensed fire alarm contractor to handle the facility fire alarm system. This is required due to the fact the facility has over 3,000 fire alarm devices. With this large number of devices, some malfunctions are always going to occur. When some facilities have this large a number of devices, it seems to be somewhat unfair because they are placed in the same category as a homeowner who has only a single device system. Possibly some modification of the existing ordinance which would include a fee structure for different facilities in terms of the number of fire alarm devices would be appropriate. 48 Another problem the Fire Inspectors have noticed in a few facilities that is attributed to the new fee structure of $100, $200, and $300 is that fire alarm systems are completely turned off or either rendered inoperable with rubber gloves or other means. This is of real concern and the potential for loss of life increases when this occurs. This is a total reverse of the intended effect of the false fire alarm ordinance. However, staff is compelled to follow the ordinance as established. Absent action by the Board to the contrary, staff will proceed to turn the matte= over to the County Attorney for collection efforts through a court of competent jurisdiction or the Code Enforcement Board. RECOMMENDATION Authorize staff to pursue collection of the existing charges utilizing the court or Code Enforcement Board only as a last resort. Staff also recommends the Board authorize staff to review the existing false fire alarm ordinance and determine if a more equitable method of charging for alarms can be developed for consideration by the Board. Commissioner Bowman asked the nature of these false alarms, and Director Wright responded that the causes are varied, from malfunction to dust in the devices to vibrations which set them off. He confirmed that the intent of the ordinance was to cut down _ on the number of false alarms by charging a fine and attempting to get people into compliance. County Administrator Jim Chandler reported that in the first 6 months of last year there were 88 false alarms; in the first 5 months of this year there were 137, and we are seeing repeat offenders. Director Wright was concerned that because of the high charges, some people have covered their devices with latex gloves, have taken the batteries out of them and used other means to prevent the alarms from going off, which is undesirable. Larger institutions have made efforts to correct their problem by hiring technicians and putting their systems on a computer, which is expensive, and which is also undesirable. He questioned whether we need to modify the ordinance. Commissioner Scurlock clarified that Director Wright was requesting direction from the Board on collection of these fines. He felt we do not have the ability to waive the f ines that have been levied. Commissioner Bird stated that when this ordinance was discussed, he was not in favor of the $100, $200, and $300 fines and suggested that the ordinance should be reviewed. 49 'JUL 07 19 GOOF J U L ®71992 cAuaK 6'b ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board (4-1, Commissioner Bird voting in opposition) directed staff to pursue the collection of the existing fines, utilizing the court or code enforcement board as the last resort, and authorized staff to initiate a review of the existing ordinance. AUTHORIZATION TO PURCHASE EQUIPMENT/SERVICES FOR VERO BEACH POLICE DEPARTMENT AND SHERIFF"S DEPARTMENT E911 PUBLIC SAFETY ANSWERING POINTS (PSAP) FROM 911 SURCHARGE FUNDS - BUDGET AMENDMENT 036 The Board reviewed memo from Emergency Services Director Doug Wright dated June 19, 1992: TO: Board of County Commissioners THROUGH: Jim -Chandler, ounty Administrator FROM: Doug Wright ; Director Emergency Services DATE: June 19, 1992 SUBJECT: Authorization to Purchase Equipment/Services for Vero Beach Police Department and Indian River County Sheriff's Department E911 Public Safety Answering Points (PSAP) From 911 Surcharge Funds - BUDGET AMENDMENT 036 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS The Indian River County Sheriff's Department and the -Vero Beach Police Department E911 Public Safety Answering Points (PSAP) have requested that the following equipment be approved for purchase this fiscal year from existing funds remaining in the 911 surcharge account in lieu of next budget year. ITEM/SERVICE AGENCY Interface Program VBPD between CAD and E911 equipment E911 Console Simulator, VBPD radio simulator, and foot switch E_ $26,000 $13,555 Relocate Monitors into VBPD $ 5,595 Consoles SUBTOTAL 50 $45,150 r � � s Relocate Fire and IRCSO $ 31120 EMS Consoles Recording Indicator IRCSO $ 845 Protective Covering IRCSO $ 3,500 For Color Monitors and installation SUBTOTAL $ 71465 Ir O=AFID TOTAL $52j,615 ALTERNATIVES AND ANALYSIS Purchase of the requested equipment and services from existing funds in this fiscal year will reduce expenses for next fiscal year to largely operating costs. Staff does not anticipate additional capital equipment expenditures next fiscal year unless certain equipment fails or an event such as a direct bolt of lighting is experienced. RECO14MENDATION Staff recommends Board approval of the capital equipment or services requested by the two agencies as well as the attached budget amendment appropriating the funds. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved purchase of the capital equipment and services as set out in staff's memo, and approved Budget Amendment 036, as recommended by staff. To: Members of the Board of County Commissioners FROM: Joseph A. Bai OMB Director 911 SURCHARGE 911 SURCHARGE I I I I X120 -133-519- I I I 51 SUBJECT: BUDGET AMENDMENT NUMBER: 036 DATE: June 19 1992 ROOK l.+°ti f'A"t 64 AUTHORI2ATION TO SURPLUS AND DISPOSE OF SCOTT AIR PACKS The Board reviewed memo from Emergency Services Director Doug Wright dated June 23, 1992: TO: Board of County Commissioners THROUGH: Jim Chandler, C unty Administrator FROM: Doug Wright, Director Emergency Services DATE: June 23, 1992 SUBJECT: Authorization to Surplus and Dispose of Scott Air Packs It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS The Fire Service Division of the Department of Emergency Services no longer uses Scott Back Packs and none in our inventory are operable. The fire service has used only MSA equipment for a substantial period of time in daily fire combat and suppression operations. There are currently eighteen (18) back packs and sixty (60) tanks in inventory. The equipment is old and it is estimated that the entire inventory has a value of $1,000 or less. Staff does not feel the expense of $15:00 per tank for hydrostatic test and additional costs associated with certification of the mask/regulators would be an appropriate expenditure since the equipment is not used by the fire service. Approval is being sought to dispose of the Scott Air Packs in the following manner: 1. Transfer the following equipment to Indian River Community College for use in the Fire Academy Training Program: Two (2) Back Packs #5830560, 5830589 Two (2) Tanks #178243, 235592 2. Transfer the following equipment to the State of Florida, Department of Natural Resources, for use in the water treatment facilities at the Sebastian Inlet State Park: Three (3) Back Packs #77802755, 635141 77802742 Six (6) Tanks #T-31442, T-314331 T-22021, T-93322, T-12533, T-3748 3. Transfer the following equipment to the South Venice Fire Department and they will in turn transfer to the Indian River County Department of Emergency Services ten (10) composite MSA tanks: 52 M M s Thirteen (13) Back Packs #87-11-0172, 68-90-0202, 48-90-0295, 68-60-0052, 48-20-0702, 1125, 1127, 53241 80-978, 68-90-0073, 63515, 2366, 81382 Fifty -Two (52) Tanks #T-110221, T-936621 T-314431 100679, T-93520, 101324, T-124156, 86262, T-50226, T- 1607110, T-117020, T-9847, T-100731 T-225707, T-132362, 86207, 178242, T-5329, 179076, T-116828, 98061 179081, T-100900, 879011 T-225818, 101329, T-124352, T-36181 T- 9749, T-933211 T-4893, T-120192, 177427, T-126391 T- 90189, D-128994, T-112681 T-249828., T-2256971 T-5545, 179071, 32175DG, T-961961 T-2390871 101160, 7608, T- 116129, T-2549661 87899, 85234, T-3419, T-225694 Approval of this request will remove all Scott Air Packs from the inventory of the Department while receiving ten (10) MSA composite tanks from the South Venice Fire Department with a value of approximately $3,000. This figure is based on the fact that MSA tanks cost $400 new and used ones sell for $300. ALTERNATIVES AND ANALYSIS Staff has a concern if the property should be advertised for sale to the general public regarding potential liability. Each of the agencies referenced above has agreed to sign a release of liability as it relates to the Scott Air Packs. If the staff recommendation is approved by the Board, the County Attorney will prepare the necessary legal documents to secure the release of liability. _ Staff recommends the Board declare the Scott Air Packs as surplus and authorize the equipment to be transferred as referenced above contingent upon the receipt of the necessary release of liability. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously declared the Scott Air Packs surplus and authorized the equipment to be transferred, as set out in staff's memo. ESCAMBIA HOUSING MORTGAGE PROGRAM The Board reviewed memo from OMB Director Joe Baird dated July 1, 1992: 53 L_ JUL 07,99z BOOK JUL 0 71992 TO: Members of the Board of County Commissioners DATE: July 1, 1992 SUBJECT: ESCAMBiA HOUSING MORTGAGE PROGRAM FROM: Joseph A. Baird OMB Director BOOK F'��� William R. Hough and Company are requesting that we wave our Industrial Revenue Bond fees in order to participate in the Escambia Housing Mortgage Program. Last year when we participated, we were the only county that requested any fees. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously waived the fee because this program is for affordable housing and not a normal industrial revenue bond for the private sector. REQUEST FOR AUTHORIZATION TO SIGN CONTRACT: ISSUANCE OF NOTICE TO PROCEED - BARBER AVENUE (37TH STREET) WIDENING AND DRAINAGE IMPROVEMENTS The Board reviewed memo from Public Works Director Jim Davis dated July 1, 1992: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request for Authorization to Sign Contract; Issuance of Notice to Proceed - Barber Avenue (37th Street) Widening and Drainage Improvements DATE: July 1, 1992 FILE: barbrcon.agn DESCRIPTION AND CONDITIONS On May 26, 1992 the Board approved staff's recommendation of H.F. Lenz Company: for the project listed above. A short form contract has been prepared for signature by the Chairman. RECOMMENDATIONS AND FUNDING Staff recommends that the Chairman be authorized to sign the contract and that the Public Works Department be authorized to issue a Notice to Proceed. Funding to be from Transportation Fund as needed. 54 �J ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to execute the contract and the Public Works Department to issue a Notice to Proceed, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD RIGHT-OF-WAY ACQUISITION ALONG 4TH STREET WEST OF 27TH AVENUE FOR SIDEWALK The Board reviewed memo from Public Works Director Jim Davis dated June 29, 1992: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Right -of -Way Acquisition along 4th Street West of 27th Avenue for Sidewalk REF.LETTER: J.W. Davis to Mr. & Mrs. Forrest P. Showalter dated Mar. 23, 1992 DATE: June 29, 1992 FILE: 4sidewalk.agn DESCRIPTION AND CONDITIONS Mr. and Mrs. Forrest Showalter of Miami, Florida have agreed to sell to the County a parcel of land 10' by 329.84 feet along 4th Street just west of Citrus Elementary School. This right-of-way is needed to complete a section of sidewalk along 4th Street. The Showalters have agreed to sell the land for -$2,000, which equates to approximately $0.61/s.f. Staff has been trying to acquire this right-of-way since Jan.; 1992. ALTERNATIVES AND ANALYSIS This right-of-way is needed to provide for a 5' wide sidewalk along the north side of 4th Street. The alternatives are as follows: Alternative No. 1 Approve the right-of-way acquisition at a cost of $2,000. Alternative No. 2 Not approve the purchase and not proceed with the sidewalk construction. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. Funding to be from Secondary Road Trust Fund ($200,000 budgeted in FY 91/92 budget). 55 {JU _I JUL 07 12Esoo� F„,t U ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved acquisition of right-of-way at a cost of $2,000 from Mr. and Mrs. Forrest P. Showalter, as recommended by staff. COUNTY ROAD 512 - ENVIRONMENTAL ASSESSMENT The Board reviewed memo from County Engineer Roger Cain dated June 25, 1992: TO: James Chandler County Administratfolm THROUGH: James W. Davis, P. Public Works Direc FROM: Roger D. Cain, P.E� CountyEngineer SUBJECT: County Road 512, Environmental Assessment DATE: June 25, 1992 DESCRIPTION AND CONDITIONS Staff has determined that in order to do an adequate environmental assessment of the construction of County Road 512 and its affect on habitat that a consultant needs to be retained to provide professional services directed toward providing reports and consultation to aid the County in obtaining permits and approvals for this construction. Reviewing agencies such as the U.S. Fish and Wildlife Department, which are routinely sent copies of all Corps of Engineer Dredge & Fill Permits, require adequate analysis and feasible mitigation for all ecological consequences of the projects reviewed. This contract amount of $5,000.00 is less than that required to go through the Consultant Competitive Negotiation procedure, therefore the Board can approve this contract without advertising. B.K.I. is recommended by other engineering firms which have used their services and has done the same kind of work as contemplated on our project. The qualifications of the Members of the firm are listed in the back-up material. ALTERNATIVES Alternative 1: Approve the contract with B.K.I. and authorize the Chairman to execute the contract on behalf of the Board of County Commissioners. Alternative 2: Not approve the contract. RECOMMENDATIONS AND FUNDING Staff recommends Alternative 1 with funding coming from the County Road 512 Account No. 101-153-541-067.13 56 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved and authorized the Chairman to execute the contract with B.R.I., Inc., for professional services; as recommended by staff. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PAVING OF WILLOW STREET Public Works Director Jim Davis advised that some months ago the residents of the area south of Fellsmere along Willow Street, which is 130th Street, complained about the road condition. Staff researched the situation and found we have a limited right-of-way varying from 30 and 40 feet along Willow Street. Part of Willow Street is within the incorporated area of City of Sebastian and the southerly section is in the unincorporated area. At the Board's direction, staff sent a letter to every property owner along Willow Street requesting that they donate 25 feet of right-of-way to the County to construct the roadside swale system and drainage system, after which we could improve the road. One property owner was willing to donate 25 feet of right-of-way and the other owners did not respond or they indicated they would not donate the right-of- way. One of the alternatives is to pursue an aggressive right-of- way acquisition program, which means hundreds of appraisals and establishment of funding sources. There are people who use that road to go to the 5 -acre tracts south as well as the streets that branch off of Willow Street, so the benefitted area would be a sizeable area. Berry Groves is a citrus grove operation whose trucks use that road and they have indicated a willingness to discuss some options. In addition, the City of Fellsmere is involved. It would be a monumental task to assess that entire area because there are hundreds of owners, with some platted subdivisions. Commissioner Bowman suggested publicity and a public hearing. County Administrator Jim Chandler suggested we should go back and look at and identify the areas that we think should be included and talk to the City of Fellsmere as to what their position may be. All Board members agreed with Mr. Chandler's recommendation. PROFESSIONAL LAND SURVEY SERVICES - WATER LINE REPLACEMENT PROJECTS The Board reviewed memo from Utility Services Director Terry Pinto dated June 16, 1992: 57 4�J r i 'JUL 0 7 19192' JUL 67 1992 DATE: JUNE 16, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT�J� DIRECTOR OF UTILITY SERVICES PREPARED TERRY H. DRUM --_r�r/ AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PROFESSIONAL LAND SURVEY SERVICES WATER LINE REPLACEMENT PROJECTS INDIAN RIVER COUNTY PROJECT NO. UW -92 -18 -DS BACKGROUND The Department of Utility Services has prepared three separate projects for the purpose of replacing existing galvanized water lines with Polyvinyl Chloride (PVC) as approved in the 1991-1992 budget. These lines are a continuing maintenance and low pressure problem. Survey information is needed for the start of the construction plans for in-house design of these three projects. ANALYSIS The bid proposal process to obtain survey data for the projects generated three bid responses (attached). Masteller, Moler & Reed, Inc., was the lowest bidder for surveying services for all three water line replacement projects. The low bids for these professional land surveying service projects, along with their respective site locations, were as follows: A. Project No. 1 - Pineview Park SID and Rivenbark SID $6,480.00 B. Project No. 2 - Cooks SID, Hidden Acres SID, and 5,880.00 Ixora Park SID C. Project No. 3 - Vero Mall vicinity, Ridgewood SID, 4,960.00 South Side Park SID vicinity, and Casa Rio SID vicinity These projects are a part of a continuing effort by this Department to replace galvanized water lines in Indian River County. Funding for these projects will be from the Department's renewal and replacement funds. RECOMM=QATION The Department of Utility Services recommends that the Board of County Commissioners approve and execute the three professional land surveying proposals submitted by Masteller, Moler & Reed, Inc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved and authorized the Chairman to execute three contracts with Masteller, Moler & Reed, Inc., for professional land surveying, for the projects and in the amounts listed in staff's memo. THREE CONTRACTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 58 WATER EXPANSION PLAN, PHASE I, CONTRACT NO. 2 The Board reviewed memo from Utility Services Director Terry Pinto dated June 18, 1992: DATE: JUNE 18, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G PINT" DIRLmm� •� 'I; I T Y S CES STAFFED AND PREPARED BY: H. D. °DUKE" , P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN, PHASE I, CONTRACT NO. 2 IRC PROJECT NO. UW -91 -02 -DS BACKGROUND: The subject project has been completed ahead of schedule and below contract cost. The contractor, Tri -Sure Corporation of Auburndale, Florida, is now requesting final payment. Change Order No. 1 (attached) lists the changes, which reflect a decrease of $16,565.00 in contract cost. Since the contractor has already received $157,271.40, he is requesting a final payment of $18,233.60, for a total contract cost of $175,505.00. ANALYSIS: On October 22, 1991, the Water Expansion Plan, Phase I, was approved at a total estimated cost of $2,450,000.00. The subject Contract No. 2 was awarded by the Board of County Commissioners on February 11, 1992, in the amount of $192,070.00. The engineering firms estimate was $341,500.00. Clearance from the Department of Environmental Regulation has been received. RECOMMENDATION: The Department of Utility Services recommends approval of the attached change order and final pay request, in the amount of $18,233.60, as payment in full. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Change Order No. 1 and Final Pay Request in the amount of $18,233.60, as recommended by staff. CHANGE ORDER AND FINAL PAY REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD PV* "JUL 0 7 1k. J U L 07 1992 ['COOK 81 c LANDFILL REGIONAL LIFT STATION AND ASSOCIATED GRAVITY SEWER CONSTRUCTION The Board reviewed memo from Utility Services Director Terry Pinto dated June 16, 1992: DATE: JUNE 16, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM McCAIN AND STAFFED CAPIT NGINEER BY: DEPAR OF UTILITY SERVICES SUBJECT: LANDFILL REGIONAL LIFT STATION AND ASSOCIATED GRAVITY SEWER CONSTRUCTION INDIAN RIVER COUNTY PROJECT NO. US -90 -15 -CS BACKGROUND On May 12, 1992, the Indian River County Board of County Commissioners approved the final payment to Owl and Associates, completing the 82nd Avenue force main project to the entrance of the landfill (see attached meeting minutes and agenda item). We are now prepared to proceed with the first phase of the landfill collection system; this includes the construction of a regional lift station and the associated collection system. ANALYSIS The estimated construction cost for this project, including a 10% contingency, is $121,000.00. The plans and specifications for this project have been completed in-house, and the project is ready for bid. The funding for this project will come from SWDD Account No. - 411 -217-534-066.51. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize the Department of Utility Services to proceed with this project. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the Department of Utility Services to proceed with Project No. US -90 -15 -CS, as set out in staff's memo. 60 WEST REGIONAL WASTEWATER TREATMENT PLANT REGIONAL FORCE MAIN The Board reviewed memo from Utility Services Director Terry Pinto dated June 10, 1992: DATE: JUNE 10, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTG.-Ir DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. J49CAIN AND STAFFED CAPITAL PR CTS GINEER BY: DEPARTMEILITY SERVICES SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT (WR WWTp) REGIONAL FORCE MAIN INDIAN RIVER COUNTY PROJECT NO. US -87 -07 -DC BACKGROUND On November 27; 1990, the Indian River County Board of County Commissioners approved Addendum No. 2 to Work Authorization No. 11 with Masteller and Moler, Inc. (see attached agenda item and minutes). This -Work Authorization included the design of a 24 -inch diameter force main from the WR WWTP south to 4th Street, east on 4th Street to 82nd Avenue, including a large canal crossing design. As a result of permitting interaction with the Indian River Farms Water Management District, we have been instructed to combine several of our proposed canal crossings into one. After meeting with the engineers of the affected projects, we determined that the least expensive and most desirable modification was to relocate and expand the crossing designed by Masteller and Moler, Inc. For a detailed description of services, please see "Project Description" on the attached Addendum No. 2. ANALYSIS The proposed Addendum No. 2 reflects additional surveying, design and permitting, and does not include any additional inspection. The proposed cost for these additional engineering services is $4,200.00, which the Utilities staff feels is justified. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization with Masteller and Moler, Inc., in the amount of $4,200.00. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Work Authorization with Masteller & Moler, Inc., in the amount of $4,200.00, as recommended by staff. ENGINEERING WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 61 I JUL 0 71992 JUL 071992 PETITION FOR WATER SERVICE IN SHADY OARS SUBDIVISION EAST OF 43RD AVENUE, SOUTH OF OSLO ROAD The Board reviewed memo from Utility Services Director Terry Pinto dated June 18, 1992: DATE: JUNE 18, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI I DIRECTOR OF UTILITY E VICES PREPARED JAMES D. CHASTAIN�� AND STAFFED MANAGER OF ASSES_.$ PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PETITION FOR WATER SERVICE IN SHADY OAKS S/D EAST OF 43RD AVENUE, SOUTH OF OSLO ROAD INDIAN RIVER COUNTY PROJECT NO. UW -92 -19 -DS BACKGROUND A petition has been received for a water main extension for Shady Oaks Subdivision to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above project. (See attached petition and plat map.) ANALYSIS The subdivision contains 50 lots. The 31 property owners signing the petition represent 62% of the properties to be served. Thirteen petitioners (26%) own properties 1/2 acre or less, and 18 of the petitioners (36%) own properties in excess of 1/2 acre. There are twenty-two (44%) of the lots in this project that are substandard or "undersized," according to Indian River County's Comprehensive Plan. The County Public Health Unit, Division of Environmental Health, requires that new lots utilizing well and septic systems be a minimum of 1/2 acre. If served by a public water system, the lot may be reduced to 1/4 acre in size. Lots not meeting these minimum standards are called "undersized lots.,, The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Design services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the above -listed project, in order that they may proceed with the design engineering work in preparation for the special assessment project. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Department of Utility Services to proceed with Project No. UW -92 -19 -DS, as recommended by staff. 62 GLENDALE TERRACE (24TH AVENUE) WATER SERVICE PROJECT - FINAL ASSESSMENT ROLL AND RESOLUTION IV The Board reviewed memo from Utility Services Director Terry Pinto dated June 17, 1992: DATE: JUNE 17, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRAT�OR,; FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY bERVICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASS WTY ROJECTS BY: DEPARTMENT OFERVICES SUBJECT: GLENDALE TERRACE - 24TH AVENUE WATER SERVICE PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -91 -24 -DS FINAL ASSESSMENT ROLL AND RESOLUTION NO. 4 BACKGROUND On January 7, 1992, the Board of County Commissioners approved Resolution III, No. 92-3, for the preliminary assessment roll on the above -referenced project. The construction of the project has been completed. We- are now ready to begin customer connections and request the Board of County_ Commissioners' approval of the final assessment roll (see attached minutes and Resolution No. 3). ANALYSIS The preliminary assessment was for a total estimated project cost of $29,241.00, which equated to $0.09534818505 per square, foot of property owned. The final assessment (see attached Resolution 4 and the accompanying assessment roll) is in the amount of $29,034.14, which equates to a cost of $0.0946736621 per square foot of property. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution No. 4. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-96 certifying "as -built" costs for installation of a waterline extension in Glendale Terrace (24th Avenue) and other such constructions necessitated by such project, as recommended by staff. RESOLUTION 92-96, WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 63 'JUL 07 199'2 MOK 60F .,,G JUL 07 As Built (Final Reso. ) 6/ 18/92 (legal) Vk/DC RESOLUTION NO. 92- 96 A RESOLUTION OF INDIAN RIVER, COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION IN GLENDALE TERRACE (24TH AVENUE), AND OTHER SUCH CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE- FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of -Indian River County determined that the improvements for the property located within the boundaries described in this title were necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, January 7, 1992, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 92-3, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 92-3, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-3 is modified as follows: The completion agta, for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 64 2. Payments bearing interest at the rate of 9-3/4$ per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 92-3 shall be as shown on the attached Exhibit "A." _ 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 92-3, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 1_ day of 7u1 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /'--1 K. Clhdfi-=n IMP 65 rM 7 192 F'1 '0J Fr- JUL JUL ®71992 � > [BOOK F'„�� C� 50TH COURT - OLD SUGAR MILL ESTATES WATER SERVICE FINAL ASSESSMENT ROLL AND RESOLUTION The Board reviewed memo from Utility Services Director Terry Pinto dated June 18, 1992: DATE: JUNE 18, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR /� FROM: TERRANCE G. PINT //d i'�/�/! ” DIRECTOR OF UTILITY 9ERVICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASSE PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 50TH COURT - OLD SUGAR MILL ESTATES WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -90 -24 -DS FINAL ASSESSMENT ROLL AND RESOLUTION NO. 4 BACKGROUND On September 3, 1991, the Board of County Commissioners approved Resolution No. 3 (91-98) for the preliminary assessment roll on the above -referenced project (see attached Minutes and Resolution - No. 3). The construction of the project has been completed. We are now ready to begin customer connections and request Commissioners' the Board of County approval of the final assessment roll. ANALYSIS The preliminary assessment was for a total estimated project cost of $36,777.00, which equated to + $0.1016 per square foot of property owned. The final assessment (see attached Resolution No. 4 and the accompanying assessment roll) is in the amount of $34,305.81, which equates to a cost of $0.09477266699. RECOMMENDATION The staff of The Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution No. 4. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 92-97, certifying "as -built" costs for installation of a waterline extension in Old Sugar Mill Estates ( 50th Court), and other such construction necessitated by such project, as recommended by staff. RESOLUTION 92-97, WITH ASSESSMENT ROLL ATTACHED, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 66 As Built ( Final Reso . ) 6/18/92(legal)Vk/DC RESOLUTION NO. 92-_E_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION IN OLD SUGAR MILL ESTATES (BOTH COURT), AND OTHER SUCH CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, -AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements for the property located within the boundaries described in this title were necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, September 3, 1991, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held- the County Commission adopted Resolution No. 91-98, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 91-98, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 91-98 is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 9-3/4$ per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 67 OOK Ft�� JUL 0 7 199 U r-7 JUL 071 e 3. The final assessment roll for the project listed in Resolution No. 91-98 shall be as shown on the attached Exhibit "A. " 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 91-98, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Bowman P and the motion was seconded by Commissioner Scurlock , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman : Aye Commissioner 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 7 day of July , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caroly,h EgJZJZ APPOINTMENT To INDIAN RIVER COUNTY PROFESSIONAL SERVICES ADVISORY COMMITTEE Chairman Eggert explained that there is an opening on the Professional Services Advisory Committee for a traffic person and they have not been able to find a lay person to fill that vacancy. Jeff Meyers is a banker who regularly has attended and participated in the meetings and Chairman Peter Robinson would like to include Mr. Meyers on the committee. 68 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously appointed Jeff Meyers to the Professional Services Advisory Committee. RESIGNATION OF COMMISSIONER WHEELER Chairman Eggert announced that Commissioner Gary Wheeler submitted a letter to Supervisor of Elections Ann Robinson resigning from the County Commission effective July 13, 1992. County Attorney Charles Vitunac advised that the Governor has the right and the responsibility to appoint a replacement between July 13 and November 10. Commissioner Wheeler hoped that if there is a clear winner on September 1, the Governor would appoint that person for the interim. Chairman Eggert asked whether the Board would be in favor of writing to the Governor, based on the outcome of the September 1 election and if there were no further opposition, asking him to appoint that individual. Commissioner Bowman and Commissioner Bird approved. Commissioner Scurlock felt he would like some time to think about it. 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. ATTEST J. R. Barton, Clerk 69 Q I'"0'02, Carol R. Egger, , hairman