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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JULY 21, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Richard N. Bird
Don C. Scurlock, Jr.
9:00 A. M. I. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - Rev. Elinor O'Malley
Minister, Science of Mind Center
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
a. Chairman Eggert announced that Clerk of Court, J.K. Barton,
wished to present his'report on fire at the Courthouse, as
Item 5.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of 6/2/92
7. CONSENT AGENDA
A. Approval of Appointments of Deputy Sheriff by
Sheriff Tim Dobeck:
Starr Scatuorchio
Sherrie Matthews
Phillip Wafford
Clen L. Addison
B. Received and placed on file in the office of the
Clerk to the Board:
Report of Convictions - Month of June, 1992
Minutes of the annual meeting of the Board of Super-
visors of Sebastian River Water Control District
held on June 10, 1992 6 minutes of the Annual Meet-
ing of Landowners of Sebastian River Water Control
District of the same date
J U L 2119924 BOOK 87 ["16L 01
a00K
7. CONSENT AGENDA (Cont'd.) : 'r,. L��
C. Fellsmere Request to Add Municipal Water Question
to First Primary Election / Elections Budget Amendment
(memorandum dated July 9, 1992)
9:05 a. m. 9.
D. Request for Authorization to Submit Application for
American the Beautiful Urban E Community Forestry"
Grant
( memorandum dated June 30, 1992 )
E. Award Bid #92-104 / The Meadows Water Main Extension
(memorandum dated July 10, 1992)
F. Additional R -O -W Purchase / 1st Street SW / Robert
Bagaley Parcels
( memorandum dated July 8, 1992 )
G. Florida East Coast Railway (FEC) Lease Agreement
Roseland Road Water Main, Phase II
( memorandum dated July 15, 1992 )
H. F. D.O.T. Request for Temporary Easement for Access
To Construction Site of the Bridge Proposed to
Replace the Merrill Barber Bridge
(memorandum dated July 8, 1992)
1. Radio Tower License
(memorandum dated July 8, 1992)
CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Indian River Mosquito Control District:
Indian River County Appropriation of Funds to Treat
Fellsmere and Vero Lake Estates for Adult Mosquitoes
Between July 22 and September 30, 1992
(memorandum dated July 15, 1992)
PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
FY93 Radiological Emergency Preparedness Agreement
(FP8 L Grant)
( memorandum dated July 10, 1992 )
am � i
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Request from Property Owners Along 129th Court
South of 79th Ave. ( Elaine St.) for County to
Acquire R -O -W and Maintain 129th Court
(memorandum dated July 9, 1992)
2. Special Assessment Paving of 129th St. Between
79th Ave. 6 76th Ave., 1910 L.F. in Roseland
(memorandum dated July 10, 1992)
3. 1991-92 Road Resurfacing Program
(memorandum dated July 10, 1992)
4. Change Order No. 9104-1 / Wabasso High Level
Bridge Repairs
(memorandum dated July 13, 1992)
5. Sandridge Golf Club New 18 - Amendment No. 4
(memorandum dated July 13, 1992)
6. As -Built Resolutions and Assessment Rolls for
Paving E Drainage Improvements to: Frangipani
Drive between CR510 E Magnolia Lane
(memorandum dated July 10, 1992)
H. UTILITIES
1. 12th St. Water Service Project Resolution IV 6
Final Assessment Roll
(memorandum dated July 10, 1992) - -
2. Water Service in Glendale Lakes S/D (North of
8th St. to 10th St.), Res. I and 11
( memorandum dated July 10, 1992 )
12. COUNTY ATTORNEY
Florida Association of Counties - Finance 6 Administration
Policy Development Committee
(memorandum dated July 10, 1992)
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
UL BOOK �r FACE
199
JUL 09i
[SOOK
13. COMMISSIONERS ITEMS (cont'd. ):
B. VICE CHAIRMAN MARGARET C. BOWMAN
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK, JR.
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
I. Solid Waste Master Plan
(memorandum dated July 6, 1992)
2. Storm Water Management Permit / Wetlands Survey
Engineering Services
( memorandum dated June 29, 1992)
3. Waste Stream 6 Assessment Study
Malcolm Pirnie
(memorandum dated June 29, 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.
0 - --- = . a
� r �
Tuesday, July 21, 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 21, 1992,
at 9:00 o'clock A. M. Present were Carolyn K. Eggert, Chairman;
Margaret C. Bowman, Vice Chairman; Gary C. Wheeler; and Don C.
Scurlock, Jr. Absent was Richard N. Bird who was in Tallahassee on
County business. Also present were James E. Chandler, County
Administrator; William G. Collins II, Deputy County Attorney; and
Patricia Held, Deputy Clerk
The Chairman called the meeting to order.
Reverend Elinor O'Mally, Minister, Science of Mind Center,
gave the invocation, and Chairman Carolyn K. Eggert led the Pledge
of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert announced that Clerk of the Court, J. K.
Barton, wished to present his report on the fire at the Courthouse,
Item 5.
PRESENTATIONS
J. K. Barton, Clerk of the Court, reported that at 8:00 P.M.
on July 20, 1992 he received a telephone call from the Vero Beach
Police Department and was informed that the south end of the
Courthouse was completely engulfed in flames, which proved to be
inaccurate. The damage was contained to the first floor southeast
section, which houses the public viewing room for microfilm of all
documents on public record, along with the Recording Department.
Mr. Barton announced that the Courthouse was functioning in all
areas. The microfilm in the Courthouse was damaged and not usable,
so there would be the inconvenience to the public of going to the
'JUL �� ��� BOOK C.i � f'����E or
BOOK 87 0
County Administration Building to view microfilm. Mr. Barton
explained that there are three backup sets of microfilm of recorded
documents; two in the County Administration Building and a third
one in underground storage in Pennsylvania.
Mr. Barton reported that the fire was actually confined to the
room in which microfilm viewers are used by the public, and that
the doors were closed when the fire started. However, when the
firemen opened the doors, it caused the chimney effect, and smoke
and soot went throughout the rest of the building. By 11:30 p.m.
the building was aired out but there were some traces still there
in the morning. Equipment manufacturers were expected to assess
what must be done to clean the microfilm readers and computer
terminals that were in that area. Those items were tested by the
Clerk's staff and seemed to be functioning.
Mr. Barton commended the Commissioners, County Administrator
Chandler, and the staffs of Buildings and Grounds, Emergency
Services and Risk Management for their quick response and their
help.
County Administrator Jim Chandler advised that most of the
damage was smoke -related. We do have a property insurance policy
with a $10,000 deductible, so the $10,000 will come out of our self
insurance fund. Mr. Chandler expected a cost estimate later in the
morning.
Chairman Eggert asked, and Mr. Barton responded that the
microfilm viewing machine was the cause of the fire. He also
commented that this fire generated a tremendous amount of soot
which resulted in a layer of soot on everything.
Chairman Eggert suggested that if this incident resulted in
changes in procedure in the Recording Department, she requested Mr.
Barton inform the Board so that we might consider them for the
whole building.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of June 2, 1992. There were
none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board approved the Minutes
of the Regular Meeting of June 2, 1992 as written.
E
CONSENT AGENDA
A. Appointments of Deputy Sheriff by Sheriff Tim Dobeck:
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the following appointments of Deputy Sheriff by
Sheriff Tim Dobeck:
Starr Scatuorchio
Sherrie Matthews
Phillip Wafford
Glen L. Addison
B. Reports
The following were received and placed on file in the office
of Clerk to the Board:
Report of Convictions - Month of June, 1992
Minutes of Annual Meeting of Board of Supervisors of
Sebastian River Water Control District held on June 10, 1992
Minutes of the Annual Meeting of Landowners of Sebastian
River Water Control District held on June 10, 1992.
C. Fellsmere Request to Add Municipal Water Question to First
Primary Election
The Board reviewed memo from Supervisor of Elections Ann
Robinson dated July 9, 1992:
r4 XV4 0 91
July 9, 1992
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. CAROLYN EGGERT, CHAIRMAN, BCC
I)Aj
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR CONSENT AGENDA AT BCC MEETING OF JULY 21, 1992
The City of Fellsmere has requested, and I have agreed, that
its municipal water question be added to our First Primary
election on September 1, 1992.
Please vote to amend the elections budget so that we may
accept the $200 reimbursement for expenses and put it into
001-700-519-036.74, Special Elections Account.
3
J U L 211992 BOOK / Pd�E U r
JUL 211992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously amended
the elections budget to accept $200 from City of
Fellsmere to add its municipal water question to the
First Primary election on September 1, 1992.
D. Request for Authorization to Submit Application for "America
the Beautiful Urban & Community Forestry" Grant
The Board reviewed memo from Senior Environmental Planner
Christine Panico dated June 30, 1992:
TO: James Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Obert M. Keats g, WP
Community DevelopmehA Director
THROUGH: Roland DeBlois, AICP VPP
Chief, Environmental Planning
FROM: Christine Panico C.Q
Senior Environmental Planner
DATE: June 30, 1992
SUBJECT: Request for Authorization
to Submit Application for
"America the Beautiful Urban
and Community Forestry "Grant
It is requested that the data herein be given formal consideration
by the Board of County Commissioners at its regular meeting of July
21, 1992.
DESCRIPTION AND CONDITIONS:
Several comprehensive plan policies, specifically Policy 6.10 and
7.1 of the Conservation Element, call for the inventory and mapping
of native upland habitats. These inventories are to be utilized
for the review of impacts to endangered or threatened species, and
to evaluate habitat for land acquisition and regulation of land
development activities.
The "America the Beautiful Urban and Community Forestry" grant
provides matching funds for local government program development or
improvement on a 50/50 matching basis. In-kind services can be
utilized as local match.
The attached proposal requests grant funding to prepare an Urban
Upland Habitat Management Plan for the unincorporated area of the
county. The state grant would provide $4,781 to retain consulting
services. The county would match the state funding with staff time
and vehicle use valued at $4,781.
4
W ift W
ALTERNATIVES AND ANALYSIS:
A detailed inventory of native upland habitat is needed for the
unincorporated county. Completing such an inventory would not only
provide necessary planning data; it would also satisfy several
comprehensive plan policy requirements.
Such an inventory could be done most efficiently by individuals
with expertise in the analysis of existing data with the use of a
geographical information system. The computer analysis activity
cannot be provided by county staff; however, county staff can
provide field checking assistance as in-kind match. The
possibility of a state grant provides a funding source for the
consulting services needed to perform computer analysis of existing
land use and vegetative community data.
Staff feels that the proposed upland habitat management plan is
necessary to fulfill comprehensive plan policies and can be done at
this time at a reasonable cost with state funding. Final work
products will include upland vegetation maps and a management plan
which will summarize existing data and outline recommendations for
the preservation of upland habitats.
RECOMMENDATION:
Staff recommends that the Board approve the attached resolution
which states that the county will enter into a memorandum of
agreement with the state to receive grant funding (if selected),
and authorize staff to submit the grant application.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-102 to enter into an Urban and
Community Forestry Grant Memorandum of Agreement
with the State of Florida, Department of Agriculture
and Consumer Services, Division of Forestry, as
recommended by staff.
5
,ROOK Cool PAvE OSI
Resolution 92-102
GOOK C) / F';;E Ic"
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY
GRANT MEMORANDUM OF AGREEMENT WITH THE STATE, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY
WHEREAS, the Board of County Commissioners recognizes the necessity
of preserving tree canopy and endangered habitats within Indian
River County; and
WHEREAS, detailed and updated inventories of native upland habitats
will provide decision makers with valuable information to guide
land acquisition and land development regulation; and
WHEREAS, the Board of County of Commissioners wishes to enter into
an Urban and Community Forestry Grant memorandum of agreement to
receive matching funds -for the preparation of an Urban Upland
Habitat Management Plan for the unincorporated area of Indian River
County;.
NOW, THEREFORE. BE IT RESOLVED that the Board of County
Commissioners of Indian River County, Florida, hereby approves the
submittal of the America the Beautiful Urban and Community Forestry
matching grant application and agree to enter into a memorandum of
agreement with the State of Florida, Department of Agricultural and
Consumer Services.
The foregoing haven been moved by Commissioner Scurlock and
Second by Commissioner Bowman upon being put to a
vote, was carried with a vote as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Dick Bird sent
Commissioner Gary Wheeler Resigned
Commissioner Doug Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 21 day of July 1992.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONER
By: /
Carol KEg ,
Chairm
E. Award Bid 92-104 - The Meadows Water Main Extension
The Board reviewed memo from Purchasing Manager Fran Boynton
dated July 10, 1992:
DATE: July 10, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Service
FROM: Fran Boynton, Purchasing Manage
SUBJECT: Award Bid #92-104/The Meadows Water Main Extension
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: July 81 1992
Specifications mailed to: Twelve (12) Vendors
Replies: Six (6) Vendors
VENDOR BID TABULATION
G.E. French Construction $16,080.00
Okeechobee, FL
Driveways, Inc $18,486.25
Titusville, FL
Timothy. Rose Enterprises $19,227.50
Vero Beach, FL
Owl & Associates $20,362.50
Vero Beach, FL
Schopke Construction $22,770.55
Melbourne, FL
JoBear $36,119.00
Palm Bay, FL
TOTAL AMOUNT OF BID: $16,080.00
SOURCE OF FUNDS: Utilities General Impact Fees
BUDGETED AMOUNT:
RECOMMENDATION:
$26,656.00
Staff recommends that the bid be awarded to G.E. French
Construction 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.
7
BOOK F'A�E
3UL 199
I
J U L 211992
BOOK FF �E
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded
Bid #92-104 to G. E. French Construction and
approved the agreement for the Meadows Water Main
Extension, as set forth in staff's memo.
CONTRACT WITH G. E. FRENCH CONSTRUCTION, INC.
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
F. Additional Right -of -Way Purchase 1st Street S.W.
Robert Bagaley Parcels
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated July 8, 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 / 1st Street SW / Robert
Bagaley Parcels
DATE: July 8, 1992 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
Indian River County needs an additional 30 feet of right-of-way for
the petition paving project on 1st Street SW. The Board of County
Commissioners previously approved the purchase of the right-of-way
along this corridor on January 21, 1992.
The property owners have signed a sale/purchase contract for each
of the parcels at the lands' appraised value of $.40 per square
foot as follows:
1) .11 acre, $1,916.64
2) .26 acre, $4,530.24
RECOMMENDATION AND FUNDING
Staff requests the Board accept the two contracts and direct the
Chairman to execute the contracts on the Board's behalf.
8
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute two (2)
Contracts for Sale and Purchase with Robert G.
Bagaley and Sandra Bagaley in the amounts of
$1,916.64 and $4,530.24, as recommended by staff.
SAID CONTRACTS
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
G. Florida East Coast Railway (FEC) Lease Agreement
Roseland Road Water Main, Phase II
The Board reviewed memo from Utility Services Director Terry
Pinto dated July 15, 1992:
DATE: JULY 15, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
STAFFED AND
PREPARED BY: ROBERT 0. WISEMEN, P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: FLORIDA EAST COAST RAILWAY (F.E.C.) LEASE AGREEMENT
ROSELAND ROAD WATER MAIN, PHASE II
IRC PROJECT NO. UW -92 -06 -DS
BACKGROUND AND ANALYSIS:
On January 21, 1992, the Indian River County Board of County
Commissioners approved the above -referenced project (see
attachment). The water main unavoidably must cross the railway,
which crosses Roseland Road. In order to receive a crossing
easement, the lease agreement between Indian River County and F.E.C.
for said easement must be executed and returned to F.E.C. for their
execution. Indian River County will then receive a fully -executed
agreement.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners. execute the attached a�treements with
F.E.C. so that the project may -continue.
9
BOOK FACEe
j U L G j` 992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute the License
Agreement with attachments with Florida East Coast
Railway Company, as recommended by staff.
PARTIALLY EXECUTED COPY OF SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
H. FDOT Request for Temporary Easement for Access to Construction
Site of the Bridge Proposed to Replace the Merrill Barber Bridge
The Board reviewed memo from Deputy County Attorney Will
Collins dated July 8, 1992:
TO: . The Board of County Commissioners
FROM: VC, William G. Collins II - Deputy County Attorney
DATE: July 8, 1992
SUBJECT: F.D.O.T. Request for Temporary Easement for Access to
Construction Site of the Bridge Proposed to Replace the
Merrill Barber Bridge
The Board of County Commissioners and F . D .O. T . have previously entered
into an agreement whereby the County conveyed certain properties and
easements to F . D . O . T . for construction of a relocated Merrill Barber Bridge.
We were recently contacted by F. D . O. T . and they request an additional
temporary easement which would grant them access to the construction site.
I have discussed the matter with Public Works Director James Davis and he
has recommended that the consideration for the easement be the restoration
of the land utilized for access to the construction site to its natural
condition, consistent with state and federal regulatory permit conditions
of the Indian River Boulevard mitigation program.
RECOMMENDATION
Authorize the Chairman to execute the attached Resolution and Temporary
Easement instruments.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-103 approving a temporary construction
access easement to the Florida Department of
Transportation for Construction of the Merrill
Barber Bridge, and approved and authorized the
Chairman to execute a Temporary Easement with the
State of Florida Department of Transportation, as
recommended by staff.
10
SAID TEMPORARY EASEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7/13/ 82RESO) LEGALC WG C/zilzaa)
Parcel 701.1
Section 88030-2514
State Rd. 60
County: Indian River
RESOLUTION NO. 92- I n 3
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING A TEMPORARY
CONSTRUCTION ACCESS EASEMENT TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF THE MERRILL BARBER
BRIDGE.
WHEREAS, the State of Florida Department of Transportation
proposes to construct or improve State Road No. 60 (Merrill Barber
Bridge), Section No. 88030-2514, in Indian River County, Florida; and
WHEREAS, it is necessary that certain lands now owned by
Indian River County be used temporarily by the State of Florida
Department of Transportation; and
WHEREAS, said use is in the best interest of the County; and
WHEREAS, the State of Florida Department of Transportation
has made application to said County to execute and deliver to the State
of Florida Department of Transportation a temporary . easement, or
easements, in favor of the State of Florida Department of
Transportation, for the purpose of temporary access to the construction
site, and said request having been duly considered,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the application of the State of Florida Department of Transportation for
a temporary easement, or easements, is for transportation purposes
which are in the public or community interest and for public welfare;
that a temporary easement, or easements, in favor of the State of
Florida Department of Transportation, in Indian River County, should
be drawn and executed by this Board of County Commissioners.
Consideration shall be repair of drainage swales along Indian River
Boulevard which may be damaged by use of the easement and
restoration of the land to its natural condition, consistent with state
and federal regulatory permit conditions.
it
J U L 211992 moo. 1 FaUtLu
Pr -
JL 21 1
8'/
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be forwarded forthwith to the State of Florida Department of
Transportation, Attention of Betty Jo Gunn, Records Section, 605
Suwannee Street, Tallahassee, Florida 32399-0450.
The foregoing resolution was offered by Commissioner
Scurlock and seconded by Commissioner Bowman , and, being put
to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Absent
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 21 day of July 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: e
Carol Egger hairman
I. Radio Tower License
The Board reviewed memo from County Attorney Charles Vitunac
dated July 8, 1992:
12
TO: BOARD OF COUNTY COMMISSIONERS
6_t'9�
FROM: Charles P. Vitunac, County Attorney
DATE: July 8, 1992
RE: RADIO TOWER LICENSE
In 1985 the County licensed one Clark Depue to build a radio tower on
certain County -owned land and in 1988 approved an assignment of that
license to one Gregory D. Bone. This license was subsequently
terminated on March 17, 1992, so that the new owner of the
corporation, Sandab Communications, could deal directly with the
County concerning the radio tower.
The new lease with Sandab Communications contained a paragraph which
called for certain rental payments which were to be credited against the
construction costs of the radio tower. Since the radio tower had
already been built the rental payment paragraph is not relevant and the
new licensee has requested that the agreement be modified to delete
paragraph 3. Therefore, attached to this memo is a new termination
agreement of the old license and a new license to occupy and improve
County property which is ready for execution by the County
Commission.
RECOMMENDATION: Authorize the Chairman to execute the attached
Termination Agreement and Licenses to Occupy and Improve County
Property.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute the
Termination Agreement and the License To Occupy And
Improve County Property, as recommended by staff.
�ALLY`�XECIJTED COPIES -F--SrA Y-MCUMENTS-
"RE N -FELE-3-N--fHE`--aF FIDE -OF_C
Oc4,5 i Pit, Li
0 9 -� /- 9 �;' (Re4�
INDIAN RIVER COUNTY MOSOUITO CONTROL DISTRICT
IRC APPROPRIATION OF FUNDS TO TREAT FELLSMERE AND VERO LAKE ESTATES
FOR ADULT MOSQUITOES BETWEEN JULY 22 AND SEPTEMBER 30.-1992
The Board reviewed memo from Indian River Mosquito Control
District Director E. J. Beidler dated July 15, 1992:
13
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JUL 1 X 92 mu F .,E
Jnckan k9i'verMwqpit.(f.nt,.jAtjt A 0"
P.O. Box 670, Vero Beach, Florida 32961-0670
PHONE. (407) 562-2393
565541ST STREET
E. J. BEIDLER, Director
TO: COUNTY ADMINISTRATOR - INDIAN RIVER COUNTY JULY 15, 1992
FROM: HELEN GLENN, CHAIRMAN - BOARD OF COMMISSIONERS
INDIAN RIVER MOSQUITO CONTROL DISTRICT
RE: INDIAN RIVER COUNTY APPROPRIATION OF FUNDS TO TREAT FELLSMERE
AND VERO LAKE ESTATES FOR ADULT MOSQUITOES BETWEEN JULY 22 AND
SEPTEMBER 30, 1992.
Because of the severity of the recent mosquito problem in western portions of Indian
River County, at the request of residents of Fellsmere, Vero Lake Estates and County
Commissioner Maggy Bowman, the Indian River Mosquito Control District (IRMCD) Board of
Commissioners is requesting that Indian River County fund truck adulticide spraying of Fellsmere
and Vero Lake Estates between July 21 and Oct. 1. On Oct. 1, .when IRMCD begins receiving
tax proceeds from them, these areas will be included in the District's spray program. To
formally present this request, I would appreciate being included on the agenda of the Tuesday,
July 21 County Commission meeting.
IRMCD is willing to provide this spray service to Fellsmere and Vero Lake Estates
residents at our costs which would be $800 for a one time spray. Examining our past records
of treatments of areas similar to these provides us an estimate that up to 5 treatments between
now and the end of September might be appropriate. This makes for a maximum total estimated
cost of $4000.
Thank you for consideration of this request.
County Administrator Jim Chandler explained that the new
district coverage does not go into effect until October 1, 1992,
and he recommended allocation of $4,000 from the general fund ,for
the spray service to Fellsmere and Vero Lake Estates between now
and October 1.
E. J. Beidler, Indian River Mosquito Control District
Director, came before the Board and indicated that representatives
from Fellsmere and Vero Lake Estates were in the audience, and he
stated that they all thanked the Board members for their
consideration.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
spray service to Fellsmere and Vero Lake Estates
between now and October 1, 1992, as recommended by
staff.
14
FISCAL YEAR 1993 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT
(FP&L GRANT)
The Board reviewed memo from Emergency Services Director Doug
Wright dated July 10, 1992:
TO: Board of County Commissioners
THROUGH: James Chandler
County Administrator
FROM: Doug Wright, Director
Department of Emergency Services
DATE: July 10, 1992
SUBJECT: FY 93 Radiological Emergency Preparedness
Agreement (FP&L Grant)
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the meeting scheduled for July 21, 1992.
DESCRIPTION AND CONDITIONS
Each year representatives from the Florida Department of Community
Affairs, Florida Power and Light Company, and the Indian River County
Department of Emergency Services negotiate the Radiological Emergency
Preparedness Agreement (Grant). The Agreement is predicated on
responsibilities defined by the United States Nuclear Regulatory
Commission in Rule 10 CFR, Part 50 and 70, and NUREG 0654, FEMA -REP -
1, Revision 2.
During recent negotations, an agreement was reached wherein Indian
River County will receive $61,465 in grant funds to enable the County
to carry out its responsibilities as provided in the above referenced
authorities. This represents an increase of $959..00 from the
previous year.
ALTERNATIVES AND ANALYSIS
The Agreement provides for the County to participate in the following
radiological emergency planning and preparedness activities:
1. Recurring maintenance and major revisions to the local
radiological emergency plans and implementing procedures;
2. Participation in exercises and evaluation of exercises;
3. Provides funds for full time REP Analyst position to
maintain plans, calibrate radiological monitoring
equipment, develop improved traffic control plans for
evacuation, improve procedures for reception and
decontamination center, and update shelter surveys required
for a host county; and,
4. Maintain close liaison with adjacent risk and host counties
for the purpose of interfacing emergency plans and
activities.
15
J U L 21 1992 f�00K Ri ["A"E i c)
� J U L 11991
This is the second year that FP&L has agreed to fund the salary,
benefits, and associated expenses for a REP Analyst to complete
requirements of the referenced authorities. The scope of work and
additional demands placed on counties by state and federal agencies
precluded county staff from completing the tasks on a part time basis
as was being done prior.
The REP Analyst position is 100% funded by FP&L. The salary and
benefit package mirrors the county personnel system. Funds in the
amount of $3,300 are also included for a vehicle allowance for travel
to be paid at the rate of $275.00 per month. In terms of capital
equipment, FP&L has agreed to fund $650 for the purchase and monthly
operating expenses of a cellular phone to be used in emergency
situations.
Funds are also provided to pay 15% of the salary and benefits for the
existing Administrative Secretary II position in Emergency
Management. Funding at this level for this position has been on-
going for several years. Approval of this agenda item does not give
the Administrative Secretary II a raise and the funds will routinely
be credited to the General Fund.
The total salary and benefit package for the full time position and
15% of the administrative position salary totals $47,655. The
balance of the $61,465 will be utilized in the total REP program in
the county. A copy of the funding breakdown is attached to this
Agreement.
RECOI,MNDATION
Staff recommends the Board approve the agenda item and the FY 9.2
Radiological Emergency Preparedness Agreement authorizing the
Chairman to execute the necessary documents.
Staff also recommends approval of a budget amendment as necessary for
the funds to be received into the General Fund.
Commissioner Scurlock led discussion regarding recent
comparisons between our Emergency Services staff and those of other
counties. Director Wright felt there had been errors in the
reporting and he assured the Board there is not a duplication of
services. He described the cross -training and consolidation of
resources in the Department of Emergency Services with the result
that an individual is capable of handling more than one task when
there is a need, and he stated that need occurs daily.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute the Fiscal
Year 1992-93 Radiological Emergency Preparedness
Agreement, as recommended by staff.
GGP AGREEMENTOle
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 350 ,t �
16 (��
REOIIEST FROM PROPERTY OWNERS ALONG 129TH COURT, SOUTH OF 79TH
AVENUE (BLAINE STREET) FOR COUNTY TO ACQUIRE RIGHT-OF-WAY AND
MAINTAIN 129TH COURT
The Board reviewed memo from Public Works Director Jim Davis
dated July 9, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request from Property Owners along 129th Court
South of 79th Avenue (Elaine St) for County to
Acquire Right-of-way and Maintain 129th Court
REF. LETTER: Laura Lathero-Gay to James Davis
dated May 20, 1992
DATE: July 9, 1992 FILES 129ct.agn
DESCRIPTION AND CONDITIONS
Laura Lathero-Gay, President of the Roseland Property Owners
Association, is representing property owners along 129th Court
south of Elaine. Street in a request for the County to maintain
129th Court along a one block section between 79th Avenue and
80th Avenue (approximately 500 LF). An existing unpaved,
non -maintained local road along 129th Court serves 11 metes and
bounds lots which were created in the early 1900's without a plat
being recorded. A title search has found that the County does
not have title to a 70' wide right-of-way corridor that was
exempted from individual property owner deeds.
ALTERNATIVES AND ANALYSIS
Using the County's numerical evaluation criteria for road
acceptance, the minimum warrant score of 100 points was not met.
The County Attorney's office indicated that if the Board were in
support of maintaining 129th Court, each property owner along the
road should execute a quit claim deed to the County for right -of
way along that property owners frontage.
The alternatives are as follows:
Alternative No. 1
Deny the request due to minimum warrants not being met:
Alternative No. 2
Approve the request upon the condition that all property
owners quit claim deed to the County the right-of-way along
their frontage and that a 100% Special Assessment project be
implemented for paving and drainage improvements to 129th
Court. A project number would be assigned, and once
right-of-way acquisition is complete, the County would begin
maintaining the road.
RECOMMENDATIONS AND FUNDING
Alternative No. 2 is recommended. No funding is needed at this
time.
17
J U L 211992
POOK 1
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BOOK. � P�,��E
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TH STREET a �: �_,� ,e, p — — —
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18
Deputy County Attorney Will Collins advised that public funds
cannot be expended for the benefit of private property, and this is
private property until the rights-of-way are deeded to the County,
Commissioner Scurlock pointed out that this problem and many
others like it have occurred because the construction pattern in
the County is changing. Homes are being constructed on lots within
neighborhoods rather than in new subdivisions and the result is
that where there were one or two homes on a street, we now have
many homes; and the unpaved, unmaintained streets are
deteriorating.
County Administrator Jim Chandler added that the increased
number of homes on a street changes the numerical evaluation
criteria minimum warrant score and we are having to pick up more
roads to maintain. We encourage petition paving projects on those
streets.
Commissioner Scurlock asked whether there are other possible,
less costly methods of paving roads, and Public Works Director Jim
Davis reported that there is a section on 1st Street S.W. off of
27th Avenue where an acrylic latex liquid was mixed with shell and
used to pave the road. That was done at no cost to the County by
the manufacturer of the product. Mr. Davis felt it is holding up
well, but this product would not be recommended for a heavily
travelled roadway. He further commented that drainage is the
important objective in getting roads paved, and the Board agreed.
Discussion followed regarding the possibility of an assessment
paving project in this area. Director Davis advised that he met
with the property owners some months ago and at that time the
owners felt they could not afford this improvement. He suggested
a longer time frame to pay for the project, like we did in Vero
Lake Estates.
Mrs. Laura Lathero-Gay, president of the Roseland Property
Owners' Association, described the deteriorated condition of 129th
Street. She stated that 10 of the 15 owners are elderly people
whose main concern is for emergency services. She confirmed that
the owners cannot afford to pay for paving at this time and urged
the Commission to improve and maintain this unpaved street.
There was further discussion regarding the possibility of
simply bringing some fill and grading the present roadway.
Attorney Collins advised that the County cannot assume
maintenance responsibility and then not do it to normal standards
because of liability.
Commissioners Bowman and Scurlock asked, and Director Davis
confirmed that the acrylic liquid product possibly could work on
this local road.
19
`JUL 11993
'JUL 211992
Director Davis advised that if we confirm the number of homes
and if we get the rights-of-way, 129th Court could potentially come
within the 100 -point score and be eligible for maintenance. He
further explained that one of the factors is the number of homes
per quarter mile which front that street.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, to deny the request for
paving, ask Mrs. Gay to encourage the property
owners to donate the rights-of-way, and to direct
County staff to recalculate the numerical evaluation
criteria warrant score to see if this street should
be included on the County road maintenance schedule.
Under discussion, Commissioner Bowman clarified that 129th
Court would -not be paved at this time.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
SPECIAL ASSESSMENT PAVING OF 129TH STREET BETWEEN 79TH AVENUE AND
76TH AVENUE IN ROSELAND
The Board reviewed memo from Public Works Director Jim Davis
dated July 10, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Special Assessment Paving of 129th Street
Between 79th Avenue and 76th Avenue
1910 L.F. in Roseland
DATE: July 10, 1992
DESCRIPTION AND CONDITIONS
Laura Lathero-Gay, President of the Roseland Property Owners
Association, has submitted a petition for paving and street
light improvements for a 1910 L.F. section of 129th Avenue
(Powerline Road) in Roseland. Approximately 17 property
owners representing 74% of the benefitted area have executed
the petition.
20
r
In researching title to 129th Avenue, staff can find no
formal dedication nor deed to the County for the 70' wide
right-of-way. The County does grade the road and has done
so for many years. The County Attorney's office recommends
that each property owner execute a quit claim deed to the
County for road right-of-way.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented.
Alternative No. 1
Request each property owner along 129th Street
to quit claim deed the 129th Street right-of-way
fronting their property to the County. Assign a
project number to the 129th Street Paving and
Street Lighting Project and place it on our
project list.
Alternative No. 2
Deny the request.
RECOMMMATIONS AND FUNDING
Alternative No. 1 is recommended.
Director Davis pointed out that there is a typographical error
in the memo. It should read 129th Street.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommended Alternative No. 1 to proceed
with the 129th Street Paving and Street Lighting
Project as set out in the above memo.
1991-92 ROAD RESURFACING PROGRAM
The Board reviewed memo from Public Works Director Jim Davis
dated July 10, 1992:
21
moK.SFrit
JUL 21199
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,.
Public Works Director
SUBJECT: 1992-92 Road Resurfacing Program
RE: Memo from Dennis Gentile to James Davis
Dated June 30, 1992
DATE: July 10, 1992
DESCRIPTION AND CONDITIONS
A final list of recommended road resurfacing projects for FY
91-92 is attached. Staff has inspected the Paved County
Road Network and the listed roads are in need of widening
and/or resurfacing.
RECOMMENDATIONS AND FUNDING
It is recommended that the attached list of
resurfacing/widening projects be approved. Funding to be
from Fund 111-214- Road and Bridge Division Annual Budget.
12th
St
5,300Ft.
$48,560.00
43rd
Ave -
27th Ave.
12th
St
21300Ft.
$21,090.00
27th
Ave -
20th Ave.
37th
St.
5,300Ft.
$55,190.00
US 1
- I.R. Blvd
43rd
Ave.
8,200Ft.
$75,140.00
26th
St -
41st St.
6th Ave
1,400Ft
$11,470.00
US 1
- 8th
St.
6th Ave
2,600Ft.
$29,710.00
$241,160.00
22
_I
Commissioner Scurlock asked whether any of the damage to 37th
Street was due to construction on Indian River Boulevard, and
Director Davis assured the Board that 37th Street needed repair
even before construction commenced on Indian River Boulevard.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the above -listed resurfacing/widening projects, as
recommended by staff.
CHANGE ORDER NO. 9104-1 - WABASSO HIGH LEVEL BRIDGE REPAIRS
The Board reviewed memo from Public Works Director Jim Davis
dated July 13, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: CHANGE ORDER NO. 9104-1
Wabasso High Level Bridge Repairs -
DPW Project 9104
Ref. Letter: Susan H. Miles, Tom Quinn Co. Inc. to
James W. Davis dated July 6, 1992
DATE: July 13, 1992
DESCRIPTION AND CONDITIONS
FILE: colwbbrg.agn
Staff has prepared the attached Change Order which revises the
Scope of Work for the Wabasso Bridge Causeway project by adding
certain items such as epoxy injection of cracks in concrete piers
and deleting other items including west bulkhead replacement,
patching of spalls, and furnishing a bridge inspection crane.
The resulting Change Order decreases the contract price by
$68,007.
ALTERNATIVES AND ANALYSIS
At this time, staff is of the opinion that the changes are
desirable and that Change Order No. 9104-1 should be approved.
RECOMMENDATIONS AND FUNDING
It is recommended that Change Order No. 9104-1 which decreases
the contract price by $68,007 be approved. The new contract
amount would be $560,151.
23
JUL BOOK ,.1 F't�,E
Director Davis advised that the State is looking at the
functional classification of roads and this major road is a good
candidate as a road to be taken over by the State.
Commissioner Scurlock pointed out that there is a hanger with
a water line to Lost Tree Village on that bridge, and Director
Davis assured the Board that the engineers are working to insure
the integrity of that water line.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute Change Order
No. 1, Revision II, as recommended by staff.
PARTIALLY EXECUTED COPY OF CHANGE ORDER
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SANDRIDGE GOLF CLUB NEW 18 - AMENDMENT NO. 4
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated July 13, 1992:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E., C)�Q
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manage
SUBJECT: Sandridge Golf Club New 18 -
Amendment No. 4
DATE: July 13, 1992
DESCRIPTION AND CONDITIONS
FILE: amd4.agn
Kimley-Horn & Assoc. Inc. is under contract with Indian River
County to provide professional surveying, civil and structural
engineering, and additional related services in all phases of
Sandridge Golf Club New 18.
The original scope of work included preparing construction and
environmental permit applications and one response to requests
for additional information for each application. Responses to
further request for additional information were to be provided as
an additional service.
Kimley-Horn responded to one request for additional information on
the St. Johns River Water Management District (SJRWMD) Irrigation
Well and Lake Withdrawal Consumptive Use Permits. The attached
Amendment No. 4 provides for Kimley-Horn to respond to additional
information that has been requested from SJRWMD.
24
The attached amendment also provides for upgrading the golf cart
wash -down and fueling area. The Indian River County Health
Department will no longer allow cart wash -down water to be
discharged in swales. They are requiring that the water be used
for irrigation so that any hydrocarbons will evaporate.
The compensation due the Consultant for Amendment No. 4 is
$7,698. This, added to the current contract amount of $83,610
will result in a new contract amount of $91,308.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board authorize the Chairman to sign
the attached Amendment No. 4. Funding is from Account
418-000-169-018.00 - WIP Sandridge Phase II.
Commissioner Scurlock stated that $7,698.00 does not sound
like a lot of money but he recalled that this same Kimley-Horn did
not realize Kings Highway had a 60 -foot right-of-way and the County
incurred the expense of a resurvey. It was Kimley-Horn's
responsibility as the engineer to use due diligence and be aware of
our ordinances. It was not a critical mistake but it was an
additional expense for the County. Commissioner Scurlock felt the
work in Amendment No. 4 could have been traded out for the past
mistake. He further noted that the additional work is basically
labor and felt staff should give Kimley-Horn the opportunity to
contribute to the County for that past mistake.
Golf Club Director Bob Komarinetz explained that the
consumptive use permit caused additional work, calling for numerous
meetings between Kimley-Horn's engineers and County staff in trying
to resolve the situation of the golf cart washdown area. We
committed to go with a water -oil separator and drain the water into
the swale system, but St. Johns required a filtration'system and
reuse of the water to irrigate the clubhouse area.
County Administrator Jim Chandler confirmed that the
permitting has turned into a nightmare. We thought we were near
completion of the permitting process; then St. Johns reviewed our
existing wells, so engineering time has been and will be expended
on that permit. He understood Commissioner Scurlock's point about
negotiating a setoff, but assured the Board the permitting work
must be done and engineering time has been expended.
Public Works Director Jim Davis explained that sometimes when
we negotiate engineering services agreements initiating a project,
we negotiate them so hard that we start getting very detailed on
the scope of services to get a reasonable cost. Later, when some
items are not included in the scope of services, they come back for
the additional items.
Commissioner Scurlock acknowledged that more work has been
done and will be done, but urged staff to attempt to trade out.
25
r�
JUL 2-1'1992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
and authorized the Chairman to execute Amendment No.
4 with Kimley-Horn for additional engineering
services, as recommended by staff, with the
additional direction to attempt to negotiate a
setoff with them.
AMENDMENT NO. 4
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
AS -BUILT RESOLUTION AND ASSESSMENT ROLL FOR PAVING AND DRAINAGE
IMPROVEMENTS TO FRANGIPANI DRIVE BETWEEN CR510 AND MAGNOLIA LANE
Public Works Director Jim Davis commented from the following
memo dated July 10, 1992:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directi.E
and P--000'Roger D. Cain, P.E
County Engineer FROM: Michelle A. Gentile
Civil Engineer
SUBJECT: As -Built Resolutions & Assessment Rolls for Paving and
Drainage Improvements to:
1) Frangipani Drive between CR510 and Magnolia Lane
DATE: July 10, 1992
DESCRIPTION AND CONDITIONS
The paving of the above roads has been completed. The final
assessments are as follows:
1) Preliminary Estimates Final Cost
$106,579.20 - 100% $73,295.68 - 100%
$ 79,934.40 - 75% $56,071.20 - 75%*
(3660 Front Footage) (3660 Front Footage)
$21.84/per FF $15.32/per FF
*This figure includes 2% Tax Collector's fee.
The final assessment roll has been prepared and is ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due date and subsequent payments to be due
yearly from the due date at an interest rate of 9z% established by
the Board of County Commissioners.
26
s
JUL 211992
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefitted owners is less than
the preliminary assessment roll, the only alternative presented is
to approve the final assessment rolls.
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built
Resolutions" for the paving of the above mentioned road be approved
by the Board of County Commissioners and that it be transferred to
the Office of the Tax Collector for recording in the "Assessment
Lien Book" and for collection.
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Scurlock, to adopt Resolution No. 92-
104 certifying "As -Built" costs for certain paving
and drainage improvements to Frangipani Drive
between CR510 and Magnolia Lane in Oceanaire Heights
Subdivision, as recommended by staff.
Under discussion, Commissioner Scurlock asked, and County
Administrator Jim Chandler responded that the County's current
interest rate is 9-3/4 percent, which was set last fall.
Commissioner Scurlock pointed out that the current municipal
interest rate is about 6 percent. He recounted other discussions
when he suggested that the County could issue debt at a low
affordable interest rate and finance capital improvements in our
county by going into the market and borrowing money. He
acknowledged that staff did not approve of that plan but he wanted
to restate his position because he still believes in the plan.
Administrator Chandler responded that when the discussion took
place, the conclusion was reached that our revolving fund has
sufficient dollars to meet our need without having to borrow funds
and accrue the expense of interest and issuance of- debt. He
recalled that the direction of the Board was to review our rate of
interest on an annual basis and to keep it down to a realistic
number.
Commissioner Scurlock realized that there has to be a limit on
how often we look at interest rates and staff must grapple with
that, but he felt the County should be more accommodating in these
tough economic times.
Administrator Chandler reminded the Board that we extended the
payment period for utilities projects from five years to ten years.
He agreed staff can take a closer look at other projects.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
RESOLUTION 92-104, WITH ASSESSMENT ROLL ATTACHED
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
27
BOOK C 1.6 Ft1�E
d 6l 211992
As -Built (Fourth Reso.)
P�OK. P;:�E
8/22/91(ENG)RES4.MAG\gfk
RESOLUTION NO. 92-104
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO FRANGIPANI DRIVE BETWEEN CR510 AND
MAGNOLIA LANE IN OCEANAIRE HEIGHTS SUBDIVISION,
DESIGNATED AS PROJECT NO. 8845, AND OTHER
CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 8845, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on January 29,' 1991, the Board held ,a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 91-11, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$15.32 per front foot, which is less than $21.84 per front foot
in the confirming Resolution No. 91-11,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
28
1. Resolution No. 91-11 is modified as follows: The
completion date for Project No. 8845 is declared to be June 16,
1992, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution.
2. Payments bearing interest at the rate of 9 �% per
annum may be made in two equal installments, the first to be
made twelve (12) months from the due date and the
subsequent payments to be due yearly from the due date. The due
date is ninety (90) days after the passage of this resolution.
3. The final assessment roll for said project listed in
Resolution 91-11 shall be as set forth in attached Exhibit "A" to
this Resolution.
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in Exhibit "A" attached to
Resolution 91-11 were recorded by the County on the public
records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Bowman , and the motion was seconded by
Commissioner _Scurlock and, upon being put
to a vote, the vote was as follows:
Chairman Carolyn K. Eggert
Vice -Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Absent
Resigned
The Chairman thereupon declared the resolution duly
passed and adopted this 21 day of July
19-U.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER CO Y, FLORIDA
BY
,.. CAROLY EGG ,
Chai
29
BOOK U F', i,E 0i
�' C10K
l FAjjr
12TH STREET WATER SERVICE PROJECT RESOLUTION IV AND FINAL
ASSESSMENT ROLL
The Board reviewed memo from Utility Services Director Terry
Pinto dated July 10, 1992:
DATE: JULY 10, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILI SERVICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF ASSES NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 12TH STREET WATER SERVICE PROJECT
RESOLUTION IV AND FINAL ASSESSMENT ROLL
INDIAN RIVER COUNTY PROJECT NO. UW -90 -09 -DS
BACKGROUND
On June 18, 1991, the Indian River County Board of County
Commissioners approved Resolution 91-67, for the preliminary
assessment roll on the above -referenced project. Construction of
this project has been completed. The assessment roll has not only
been modified to reflect the final construction cost, but also
reflects the removal of one street from the project (34th Avenue).
The removal of 34th Avenue from the project was due to a lack of
cooperation on the part of a few homeowners, who would not allow the
construction of the proposed water main on their private road. This
portion of the 12th Street project can be redesigned, utilizing
existing back -lot easements at a negligible cost. We have begun
customer connections on the remainder of the project and are now
requesting the Board of County Commissioners' approval of the final
assessment roll and the creation of a separate assessment district
for 34th Avenue water installation only. (See attached minutes and
Resolution No. III.)
ANALYSIS
The preliminary assessment was for a total estimated project cost of
$827,825.00, which equated to ± $0.0790 per square foot of property
owned. The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $765,950.83, which
equates to a cost of $0.075680 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 IV
and authorize the Utilities Department to create an assessment
district for 34th Avenue. This is to include authorization for
additional surveying, engineering design, and assessment of all
costs to the property owners on 34th Avenue.
30
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-105 certifying "as -built" costs for
installation of a waterline extension in the area
bordered on the north by 12th Street, on the south
by 8th Street, on the west by 43rd Avenue and on the
east by 27th Avenue, and such construction
necessitated by such project, as recommended by
staff.
RESOLUTION 92-105, WITH ASSESSMENT ROLL ATTACHED,
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
As Built (Final Reso. )
7/6/92(legal)Vk/DC
RESOLUTION NO. 92- 105
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF A WATERLINE EXTENSION IN
THE AREA BORDERED ON THE NORTH BY 12TH
STREET, ON THE SOUTH BY 8TH STREET, ON
THE WEST BY 43RD AVENUE, AND ON THE EAST
BY 27TH AVENUE, AND 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, June 18, 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. 91-67, 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
Oil
r-
JUL 21 NK
F',U
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. 91-67,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 91-67 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.
3. The final assessment roll for the project listed in Resolution No.
91-6.7 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.
91-67, 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
B o w m a n , and the motion was seconded by Commissioner S c u r 1 o c k S
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
Commissioner Gary C. Wheeler Absent
Resigned
The Chairman thereupon declared the resolution duly passed and
adopted this 21 day of July , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By v
Carol K. Eg t
32 Chaff an
WATER SERVICE IN GLENDALE LAKES SUBDIVISION (NORTH OF STH STREET TO
10TH STREET) - RESOLUTIONS 1 AND II
The Board reviewed memo from Utility Services Director Terry
Pinto dated July 10, 1992:
DATE: JULY 10, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
PREPARED JAMES D. CHASTAI C
AND STAFFED MANAGER OF ASSE PROJECTS
BY: DEPARTMENT OF U ITY SERVICES
SUBJECT: WATER SERVICE IN GLENDALE LAKES SUBDIVISION
(NORTH OF STH STREET TO 10TH STREET)
INDIAN RIVER COUNTY PROJECT NO. UW -92 -11 -DS
RESOLUTIONS I AND II
BACKGROUND
On February 18, 1992, the Indian River County Board of County
Commissioners approved the petition for water service to Glendale
Lakes Subdivision (north of 8th Street, east of 48th Avenue, and
west of 43rd Avenue). Design service has been completed, and we are
ready to begin the assessment process associated with this project.
(See attached agenda item and minutes.)
ANALYSIS
Attached please find Resolution I and II for the assessment project.
The projected cost per square foot is $0.134863, and the project
will serve 66 platted and 6 non -platted parcels. With -the exception
of 5 platted lots slightly exceeding .50 acres, the remaining 61
platted lots (92%) in this project are substandard or "undersized,"
according to Indian River County's Comprehensive Plan and the County
Public Health Unit, Division of Environmental Health. New lots
utilizing well and septic systems must be a minimum of one-half acre
in size. Lots not meeting these minimum standards are called
"undersized lots." This project is to be paid through the
assessment of property benefitting along the proposed water line
route. In the interim, financing will be through the use of impact
fee funds. The total estimated construction cost, including
engineering and administration of the project, is $176,219.75. The
attached map displays the area to benefit from the assessment
project.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached resolutions and
set the assessment hearing date.
33
JL 211997,
JL 211992
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 92-106, providing for water service to
Glendale Lakes Subdivision (north of 8th Street to
10th Street); providing the total estimated cost,
method of payment of assessments, number of annual
installments and legal description of the area
specifically served, as recommended by staff.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution No. 92-107, setting Tuesday, August 18,
1992 at 9:05 a.m. as the time and place at which the
owners of properties located in Glendale Lakes
Subdivision may appear before the Board of County
Commissioners and be heard, as recommended by staff.
Providing ( First Reso . )
7/6/92(legal)Vk/DC
RESOLUTION NO. 92- n L
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR WATER SERVICE TO
GLENDALE LAKES SUBDIVISION (NORTH OF STH
STREET TO 10TH STREET); PROVIDING THE
TOTAL ESTIMATED COST, METHOD OF PAYMENT
OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the public welfare of the county and has deter-
mined to _defray
the
cost thereof by special assessments against
certain
properties to
be
serviced by water service to Glendale
Lakes
Subdivision (north of 8th Street to 10th Street) , hereinafter referred to
as Project No. UW -92 -11 -DS;
34
NOW, THEREFORE, BE
IT RESOLVED BY
THE BOARD
OF .COUNTY
COMMISSIONERS OF INDIAN
RIVER COUNTY,
FLORIDA, as
follows:
1. The County does hereby determine that Water Service to Glendale
Lakes Subdivision (north of 8th Street to 10th Street) shall be
installed to serve 66 platted and 6 non -platted properties,. and the
cost thereof
shall be
specially assessed in
accordance
with the
provisions of
Sections
11-41 through 11-47
of the Code
of Laws
and Ordinances of Indian River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $176,219.75 or $0.134863 per square
foot to be paid by the property specially benefited as shown on
the assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.134863 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
County Code.
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect
to credits against
the
special assessments after
completion of
the improvements
(the
"Credit Date") without
interest.
If not paid
in full, the
special assessments may be paid
in ten
equal yearly
installments
of principal plus interest. If not paid
when due,
there shall
be added a penalty of 1-1/2%
of the
principal not
paid when
due. The unpaid balance of the
special
assessments shall bear interest at a rate of 9-3/4% from the
Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility `
Services.
35
E cue
JA 211992
JUL 21 S92
BaOK J [,A
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution to be pub-
lished at least one time in the Vero Beach Press Journal before the
public hearing required by Section 11-46.
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 A y e
Vice Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Absent
Commissioner Gary C. Wheeler Resigned
The Chairman thereupon declared the resolution duly passed and
adopted this 21 day of Jul Y , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Cap6lyn K. E rt
C916ir
Time and Place (Second Reso.) 7/6/92(legal)Vk/DC
RESOLUTION NO. 92- L n Z
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED IN
GLENDALE LAKES SUBDIVISION (NORTH OF 8TH
STREET TO 10TH STREET), AND OTHER
INTERESTED PERSONS, MAY APPEAR BEFORE THE
BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPRIETY AND ADVISABIL-
ITY OF CONSTRUCTING WATER SERVICE TO
GLENDALE LAKES SUBDIVISION (NORTH OF 8TH
STREET TO 10TH STREET), AS TO THE COST
THEREOF, AS TO THE MANNER OF PAYMENT
THEREFOR, AND AS TO THE AMOUNT THEREOF
TO BE SPECIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITED THEREBY.
36
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 92 106, determined that it is
necessary for .the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property within
the area described hereafter, that a waterline be installed in
approximately 66 platted and 6 non -platted properties hereinafter
described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.134863 per square foot; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to the Board;
and
WHEREAS, Section 11-46, Indian River County Code, requires that
the Board of County Commissioners shall fix a time and place at which
the owners of the properties to be assessed or any other persons
interested therein may appear before the Board of County
Commissioners and be heard as to the propriety and advisability of
constructing such water main extension, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, August 18, 1992, at which time the
owners of the properties to be assessed and any other interested
persons may appear before said Commission and be heard in regard
thereto. The area to be improved and the properties to be
specially benefited are more particularly described upon the
assessment plat and the assessment roll with regard to the special
assessments.
37
f{00� r
F'A6JUL 211992 E 41
jut 211992
RESOLUTION NO. 92- 1 0 7
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.-
until
.m:until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the owner of each property to be
specially assessed at least ten days notice in writing of such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
The resolution was moved for adoption by Commissioner
Scurlock, and the motion was seconded by Commissioner 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 Absent
Commissioner Gary C. Wheeler Resigned
The Chairman thereupon declared the resolution duly passed and
adopted this 21 day of July , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carol K. Eg&rt
C man
38
FLORIDA ASSOCIATION OF COUNTIES - FINANCE AND ADMINISTRATION POLICY
DEVELOPMENT COMMITTEE
The Board reviewed memo from County Attorney Charles Vitunac
dated July 10, 1992:
TO: BOARD OF COUNTY COMMISSIONERS
f A`b
FROM: Charles P. Vitunac, County Attorney
DATE: July 10, 1992
RE: FLORIDA ASSOCIATION OF COUNTIES - FINANCE &
ADMINISTRATION POLICY DEVELOPMENT COMMITTEE
I have been invited to serve as a member of the technical advisory
committee of the 1992-93 FAC Finance & Administration Policy
Development Committee and request direction from the Board whether
the Board would like me to accept the invitation.
Being a member would require that I attend the meetings of the
committee, which, as indicated in the attached letter, will be October 12
in Orlando, November 9 in Tampa, and early December in Ponte Vedra
Beach.
The purpose of the committee is to develop legislation to be presented
by FAC each year to the Legislature, and the membership would
provide an opportunity for the County to have input in drafting
legislafion of interest to Indian River County.
ACTION REQUESTED: Request direction from the Board whether to
join as a member of this committee.
MOTION WAS MADE by Commissioner Bowman, to direct
the County Attorney to accept the invitation to
serve as a member of the technical advisory
committee of the 1992-93 Florida Association of
Counties Finance & Administration Policy Development
Committee.
THE MOTION DIED FOR LACK OF A SECOND
39
'JL 21 199;
BOOK 1 400
BOOR S .Y4,
SOLID WASTE DISPOSAL DISTRICT
Chairman Eggert announced that immediately upon adjournment
the Board would reconvene sitting as the Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:50 o'clock A. M.
ATTEST:
J. Barton, Clerk=�� yn K.
40
Lffgmumw
A
E44Chairman