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HomeMy WebLinkAbout8/25/1992/ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDAWMufts Of WX Mem of cmc 25, IM. Aftr a nwW by &e BOC d" REGULAR MEETING WM b°°°m° dw offieW to= . TUESDAY, AUGUST 25, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman ( Dist. 2) James E. Chandler, County Administrator Margaret C. Bowman, Vice Chairman ( Dist. 1) Richard N. Bird ( Dist. 5) Charles P. Vitunac, County Attorney Don C. Scurlock, Jr. (Dist. 3) District 4: Vacant Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. ' PLEDGE OF ALLEGIANCE - Comm. Margaret C. Bowman 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. As Item 7-R on the consent Agenda, an appt. to the Trans. Disadvantaged Local coordinating Board. 2. Public Hearing - as an emergency item -- to consider adoption of an Ord. amending effective date for Ord. 92-23, Occupational License Fees. 3. As Item 13-A, a letter supporting "Eyes of the Storm" project of AIDS Support Group of IRC, Inc. 5. PROCLAMATION AND PRESENTATIONS C A. Adoption and presentation of Proclamation Honoring Retiring Employee Charles Ingle B • Presentation of the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA ) ( letter dated June 29, 1992 ) 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Approval of Appointment of Deputy Sheriff, by Sheriff Tim Dobeck: Gary R. Smith B. Received and placed on file In the office of Clerk to the Board: Tentative 1992/93 I.R.C. Hospital District Budget (final approved budget will not be available until Sept. 18, 1992 ) C. Final Plat Approve for St. David's Island S/D Phase If to be known as Plat 10 ( memorandum dated August 11, 1992 ) AUG 25 1992 BOOK c 7. CONSENT AGENDA icont'd. ): - D. Grand Harbor Request for Final Plat Approval for the Golf Course Maintenance Tract to be Known as Plat 9 ( memorandum dated August 14, 1992 ) E. IRC #92-112 / Courtside S/D Water Main Ext. ( memorandum dated August 18, 1992 ) F. Agreement / I.R.C. 6 William W. and Jennifer V. Heim - Temporary Water Service (memorandum dated August 14, 1992) G. Release of Utility Liens ( memorandum dated August 18, 1992 ) H. Request for a Quit -Claim Deed Indian River Title / Carlisle to Clear Title ( memorandum dated August 19, 1992 ) I. Cancelling Taxes on (mmnor. R/W Acquisitions ndum dated August 12, 1992) J- Utilities Developer's ( memorandum dated 4- Agreement August - A. Schommer 16, 1992 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Douglas School Leases ( memorandum dated August 18, 1992 ) B. PUBLIC HEARINGS 1 • Perry Fulford's Request for Special Exception Use - Approval to Construct an Agricultural Business ( Grove Main- tenance Service) Facility (memorandum dated August 14, 19921 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 305, COURTS, TO INCLUDE A DISTRIBUTION OF CIVIL PENALTIES TO THE FUND FOR THE LOCAL LAW ENFORCEMENT EDUCATION FUND (memorandum dated Jul 29, 1992) iv. �w� ;w��i A^unrili:Is IIMT�=1[ .7 vVYh + ii�.. .'..�� +TTcnw None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOpMENT None 11. DEPARTMENTAL MATTERS (cont'd. ): B. - -EMERGENCY SERVICES .a' None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS As -Built Resolutions and Assessment Rolis for Paving E - Drainage -Improvements To: 42nd Ave.''. between 10th St. and 12th St. I memn.-=ndum dated 4 „ t 12, 1992 ) H. UTILITIES 1 • Purchase of Meter Test Bench (memorandum dated August 13, 1992) 2 • Pelican Pointe WWTP Removal Bid No. 92-103 (memorandum dated August 13, 1992) 3 • Design Projects ( Water I, Wastewater) To Commercial/ Industrial Nodes, Rt. 60 and .1-95 and Oslo Rd. and 1-95 (memorandum dated August 14, 1992) 4• Developers Agreement with Nancy Moon for Utility Oversizing (memorandum dated August 17, 1992) 5 • Agreement Between I.R.C. for Professional Services - Rose andineer Water Tower (memorandum dated July 17, 1992) 6• Final Pay Request F Final Change Order for Floridacres Water Main Project (memorandum dated July 18, 1992) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITpI�IS A. CHAIRMAN CAROLYN K. EGGERT AUG 1992 0 0 K r; �. � 9 nq 13. COMMISSIONERS ITEMS (cont'd. ): B. -VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COWISSIONER DON C. SCURLOCK JR. 14. SPECIAL DISTRICTS A. - NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT Award IRC Bid #92-94 / Fuel and Lube Truck (memorandum dated August 17, 1992 ) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH_ MAY BE IM ADE TI.IIC �ICGTIAIP W11 1 �ren Tv �„JynG 117M 1 M VCHIC i iM RECORDADE THE PROCEEDINGS IS ,MADE WHICH%o INCLUDES ..��., OF EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. THE TESTIMONY AND ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES(AOA) ACT MAY COORDINATOR AT 567-8000 XADVANCE -408 AT LEAST 48 HOURS IN MEETING. NCE OF E77 Mmutes are unapproved Mmutes of BCC Metbng of August 25, 1992. After approval by the BCC they wnd become die official record. Tuesday, August 25, 1992 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, August 25, 1992, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. Chairman Eggert called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition as Item K on the Consent Agenda of the appointment of Carolyn Samuelto to the Transportation Disadvantaged Local Coordinating Board replacing Richard Stetson. Chairman Eggert requested the addition as Item 13-K of a letter to support the project "Eyes of the Storm" of the Aids Support Group of IRC, Inc. Chairman Eggert requested the addition as Item 9B-3 of a public hearing to consider changing the effective date for the Occupational Licenses Ordinance 92-23. Attorney Vitunac advised that if the Board will declare it as an emergency, a public hearing on an emergency ordinance requires no advertisement and the ordinance could be effective today. The emergency of the matter can be explained now or when we get to that item. Commissioner Scurlock understood that if the item gets added, it becomes an emergency discussion as to whether it is an emergency, and then if the Board decides it is an emergency and declares it so, a public hearing can be held without public notice and that the effective date of the new ordinance would be the date the letter of acknowledgement from the State is received in the Clerk's Office. boa l.J ii Ir1l:L + o;sa AUG 2E 1992 - BOOK L; d [Auj Attorney Vitunac advised that the new ordinance, if adopted, would be effective when it is sent out today by certified mail, because it is a different rule for emergency ordinances. ON MOTION by Commissioner_ Bird, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. PRESENTATION HONORING RETIRING EMPLOYEE CHARLES INGLE Chairman Eggert read aloud the following presentation award honoring Charles F. Ingle on his retirement: INDIAN RIVER COUNTY, FLORIDA CHARLES F. INGLE Charles Ingle announces his retirement from the fire service and the Indian River County Board of County Commissioners effective August 27, 1992. Charles Ingle , originally from Manchester, Alabama, moved to Florida in 1952. He was originally employed on November 16, 1967 as a firefighter for the City of Vero Beach. On October 1, 1985 the Fire District was transferred to Indian River County and Mr. Ingle became a county employee. Charles Ingle was subsequently promoted on December 2, 1971 to a Driver/Engineer. On February 29, 1976 he was promoted to Lieutenant which is the rank he currently holds. Charles Engle has consistently L:-=onstrated consummate skills and impeccable personal standards of performance in the fire service for Indian River County. Mr. Ingle will be sorely missed by the firefighters and all the Emergency Services staff. The Board of County Commissioners wishes to express their appreciation to Charles Ingle for his dedication and exemplary service to Indian River County. The County Commissioners wish him the very best in all his future endeavors. Chairman Eggert presented the Retirement Award to Mr. Ingle, who expressed his appreciation and noted that it has been a great 25 years and he has a lot of special memories. E PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD Chairman Eggert read aloud the following press release dated 7/29/92 and congratulated OMB Director Joe Baird who gave a special word of thanks to his staff: Kim Massung, Irene Lewis and Leila Miller: GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 June 29, 1992 P R E S S R E L E A S E RELEASE IMMEDIATELY For Further Information Contact Dennis Strachota (312) 977-9700 CHICAGO --The Government Finance Officers Association of the United States and Canada (GFOA)' is pleased to announce that the Indian River County Board of County Comm., Florida has received GFOA'S Distinguished Budget Presentation Award for its budget. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant accomplishment by the management and elected officials of the Indian River County Board of County Comm., Florida. To receive the award, governments submit their budget document for review by a panel of independent budget experts. Using extensive criteria, the -reviewers evaluate the effectiveness of the budget as: o A policy document o A financial plan o An operations guide o A communication device Award-winning documents must be rated 'proficient' in all four categories. Since 1984, over 500 governmental entities have received the Distinguished Budget Presentation Award nationwide. Winning entries represented truly pioneering efforts to improve the quality of budgeting and provide excellent examples for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 9,500 government finance professionals throughout North America: Over 11,000 governments participate actively in the association's activities. The association produces a variety of technical publications in various fields ofgovernmental finance, and represents the public finance community in Washington, D.C. The association provides numerous training opportunities, and conducts an annual conference attended by over 3,000 public finance professionals. WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, O.C. 20008 202/429-2750 • Fax: 202/429-2755 AUG 1992_ r-, 4 BOOK t rL,� E�UG 2 5 1992 BOOK Ft'.'Ut J. Y GOVERNMENT FINANCE OFFICERS ASSOCIATION CONSENT AGENDA Chairman discussion. Distinguished Budget Presentation Award PRESENTED TO Indian River County Board of County Commissioners, Florida For the Fiscal Year Beginning October 1, 1991 President Executive Director Eggert requested that Item C be removed for A. Approval of Appointment of Deputy Sheriff ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously approved the Appointment of Deputy Sheriff Gary R. Smith by Sheriff Tim Dobeck. 4 B. Report Received and placed on file in the office of the Clerk to Board: Tentative 1992/93 IRC Hospital District Budget (final approved budget will not be available until 9/18/92) C. Final Plat Approval - St. David's Island Subdivision - Phase II The Board reviewed the following memo dated 8/11/92: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: bert M. feat ng,Altp Community Deve opm Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP X-U�Senior Planner, Curfnt Development DATE: August 11, 1992 SUBJECT: Final Plat Approval for St. David's Island Subdivision Phase II to be known as Plat 10 PRD -86-11-07 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 25, 1992. DESCRIPTION AND CONDITIONS: St. David's Island (Phase II) is a proposed seven (7) lot residential subdivision of a .96 acre parcel of land located in St. David's Island (POD "G") of the Grand Harbor Development. The overall preliminary PRD plan for St. David's Island (POD "G") was approved by the Planning and Zoning Commission at its regular meeting of January 12, 1989 for 90 zero lot line townhouses. The developer later received approval to amend the plans to construct 55 zero lot line townhouses and 18 detached single family homes, reducing the overall number of units within St. David's Island (POD "G") from 90 to 73 units. The .Phase II* final plat is in conformance with the amended and approved preliminary PRD plat. The subject property is zoned RM -6, Multi -Family Residential (up to 6 units per acre) and has an M-1, Medium -Density Residential 1 (up to 8 units per acre) land use designation. The proposed density for the Phase II area is 7.29 units per acre, although the density of the overall Grand Harbor project is #4 units per acre. All roads, drainage and utilities easements and facilities are to be dedicated to the St. David's Island Property Owners' Association. 5 pp ���� BOOK U I t'J' i A UG 25 BOOK JJ I The owner, GHA Grand Harbor, Inc. is now requesting final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary PRD plat; 2. a copy of the project Certificate of Completion issued by the Public Works Department; ANALYSIS: The required improvements have been constructed by the developer. The developer has effectively satisfied the requirements for final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the St. David's Island Phase II final plat. County Attorney Vitunac noted that Attorney Bruce Barkett has advised that there are some scrivener errors in the document that need to be corrected. He had planned to be here this morning, but his car broke down. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously granted final plat approval for the St. David's Island Subdivision, Phase II, subject to the correction of scrivener errors and approval of Deputy County Attorney Will Collins. 6 D. Grand Harbor Request for Final Plat Approval The Board reviewed the following memo dated 8/14/92: TO: James E. Chandler County Administrator DIVI ION HEAD CONCURRENCE: _�Lj I'f.".dd4d ltdbei-rt M. Recti , Community Developme Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy/- N` Senior Planned Current Development DATE: August 14, 1992 SUBJECT: Grand Harbor Request for Final Plat Approval for the Golf Course Maintenance Tract to be Known as Plat 9 PD -86-06-008 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 25, 1992. DESCRIPTION AND CONDITIONS: On August 7, 1989, the Board of County Commissioners granted special exception approval to add 4 acres to the Grand Harbor Development and granted preliminary PRD approval for the Grand Harbor Golf Maintenance facility on a 4.91 acre site which included the 4 acres added to the Grand Harbor Development. All construction, except a deceleration lane has been completed in accordance with the approved PRD plans. The deceleration lane is a site related improvement which will be used to provide access to the facility when Phase IV of the for Indian River Boulevard is complete. Currently, an approved temporary driveway provides access to the subject site. The deceleration lane will be constructed within 6 months of completion of Phase IV of Indian River Boulevard. The developer has submitted a Developer's Agreement for the deceleration land and posted security to guarantee the Agreement. The subject property is zoned RM -6, Multi -Family Residential (up to 6 units per acre) and has an M-1, Medium -Density Residential 1 (up to 8 units per acre) land use designation. This development was reviewed and approved under the old Land Development Regulations (LDRs). However, both past and current Land Development Regulations require all property within a PRD or PD be platted. This plat will create a tract for the golf course maintenance facility which is accessory to the overall Grand Harbor DeveloDment. Maintenance of all lmrrnvs+tne_�ni_g nn tho tran4 .off 7 1 be the responsibility of Grand Harbor. 7 AUG booK AUS 5 BOOK t.�Q ANALYSIS: The owner GHA, Grand Harbor LTD. is now requesting final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary PRD plat; and 2. a copy of the project's Certificate of Completion issued by the Public Works Department; and 3.- a developer's agreement which has been approved by the County Attorney's Office and Board of County Commissioners, and a Letter of Credit to guarantee construction of the required deceleration lane on Indian River Boulevard. All required improvements have been constructed by the developer. The developer has effectively satisfied the requirements for final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Grand Harbor Golf Course Maintenance Facility Tract (Plat 9). ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously granted final plat approval for the Grand Harbor Golf Course Maintenance Facility Tract (Plat 9), as recommended by staff. E. IRC #92-112 -- Courtside S/D Water Main Ext The Board reviewed the following memo dated 8/19/92: DATE: August 18, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admini trator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton, Purchasing Manager SUBJECT: IRC #92-112/Courtside Subdivision Water Main Ext. Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: 8 August 5, 1992 Sixteen ( 16) Vendors Seven ( 7 ) VENDOR TABULATION Driveways, Inc $ 43,479.25 Titusville, FL Timothy Rose Enterprises $ 44,776.25 Vero Beach, FL G.E. French Construction $ 44,800.00 Okeechobee, FL AOB Underground Industries $ 51,505.00 Indiantown, FL GBS Excavating $ 66,466.50 Ft Pierce, FL JoBear $ 69,139.50 Palm Bay, FL -- Utilities Sys of America $ 78,455.00 Daytona Beach, FL TOTAL AMOUNT OF BID: $ 43,479.25 BUDGETED AMOUNT: $ 64,365.00 MCC— $OUR E OF C' WiDS • V 1.1 l l 1.100 Baa i c i a • ircav RECOMMENDATION: Staff recommends that the bid be awarded to Driveway. Inc 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 Bird, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid #92-112 to Driveways, Inc., as set out in the above staff recommendation. AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 0 BOOK 8"i FAIJE J F. Agreement -- IRC and William W. and Jennifer V. Helm Temporary Water Service The Board reviewed the following memo dated 8/14/92: DATE: "AUGUST 14, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY & WILLIAM W. AND JENNIFER V. HEIM TEMPORARY WATER SERVICE PREPARED AND WILLIAM F. McCAIN AND CAPITAL PR CTS 1GIUMM STAFFED BY: DE= SERVICES BACKGROUND William W. and Jennifer V. Heim have requested that temporary service be installed from the water line on 12th Street to service their property at 1160 49th Avenue, Vero Beach, Florida"32966, prior to the installation of a water main on 49th Avenue. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to William W. and Jennifer V. Heim until such time that a water line is constructed on 49th Avenue by assessment. They agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with William W. and Jennifer V. Heim on the Consent ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously approved the agreement with William and Jennifer Heim for temporary water service, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 G. Release of Utility Liens The Board reviewed the following memo dated 8/25/92: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 18, 1992 RE: CONSENT AGENDA - BCC MEETING 8/25/92 RELEASE OF UTILITY LIENS The following lien -related documents are prepared in proper form for the Board to authorize the ,Chairman tot sign them: 1. Release of Special Assessment Liens from 12th Street Water Project in the names of: ALBANESE B.UCKLEY CARROLL DiSALVO FOX GASKELL HUGHES (Carl) HUGHES (Daniel, Jr.) HUGHES (Goldie) HUNEKEN LANGFORD LUTHERAN CHURCH MENGER OWEN PNC CORP. PARKER RAUSCH STARCKX McSKIMIN WHITING ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously approved the above listed lien -related documents, as recommended by staff. RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 11 BOOK; r6 f��LL ;�� W H. Request for a Ouit-Claim Deed to Clear Title The Board reviewed the following memo dated 8/19/92: TO: The Board of County Commissioners FROM: k1e— William G. Collins II - Deputy County Attorney DATE: August 19, 1992 SUBJECT: Request for a Quit -Claim Deed to Clear Title - Indian River Title/ Carlisle Mr. and Mrs. Carlisle have acquired property in the Rosepark Subdivision north of 16th Street. In reviewing title on the property in question, Indian River Title Corporation has determined that a 1983 deed conveyed five feet of right-of-way on the south portion of the property to Indian River County for right-of-way. The 1983 deed described the property as "the North 5 feet of the South 15 feet of Lot 6 and the West 29.73 feet of Lot 5, Block 2, Rosepark Subdivision, ...". The description should have read "the North 5 feet of the South 15 feet of Lot 6 and the North 5 of the South 15 feet of the West 29.73 feet of Lot 5, Block 2, Rosepark Subdivision, ...". In essence, the entire West 29.73 feet of Lot 5, Block 2, on which is located a portion of a concrete stucco dwelling and driveway as well as a portion of the yard for the dwelling, was conveyed to Indian River County. As a requirement for title insurance and mortgage financing, that the ambiguous deed must be corrected. I have spoken with representatives ::of Indian River Title Corporation and agree that a quit -claim deed to those portions of the lot on which the dwelling, yard and driveway are located, outside of the desired right-of-way, should be reconveyed by quit -claim deed. The original deed to the County, a survey of the property, and a Quit -Claim Deed are attached. RECOMMENDATION: Authorize the Chairman to execute the Quit -Claim Deed from Indian River County to Rodney Carlisle and Sue Carlisle, his wife, to remove the ambiguity in title created by the 1983 deed, ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Chairman to execute the Quit - Claim Deed from Indian River County to Rodney Carlisle and Sue Carlisle, has wife, to remove the ambiguity in title created by the 1983 deed, as recommended by staff. A COPY OF THE QUIT -CLAIM DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - 12 I. Canceling Taxes on R W Acquisitions The Board reviewed the following memo dated 8/12/92: TO: BOARD OF COUNTY COMMISSIONERS ALA-) FROM: Lea R. Ke er CLA, County Attorney's Office THRU: Charles. itunac, County Attorney DATE: August 12, 1992 RE: CANCELLING TAXES ON R/W ACQUISITIONS The County has acquired various pieces of land for right-of-way purposes, and, pursuant to section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified .copy being forwarded to the Tax Collector. REQUESTED ACTION: Request Board authorize Chairman to sign and forward to the Tax Collector a certified copy of the attached resolutions cancelling certain taxes upon lands the County recently acquired for rights of way. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolutions 92-147, 92-148, 92-149 and 92-150 cancelling certain taxes upon lands the County recently acquired for rights of way; and authorized the Chairman to sign and forward to the Tax Collector a certified copy of the resolutions. 13 BOOK AN, 2,5 199 Re: loth Court SW - R/W - Parcel #100 Parcel #25-33-39-00006-0040-00011.0 Owens RESOLUTION NO. 92- 147 VOK E. d Jjj A 'RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision,• or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WIJEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the .public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records - to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196:28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 942, Page 1009, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28 , F.S. The resolution was moved for adoption by Commissioner Bird , being on u and the motion was seconded by Commissioner Scurlock and , P g put to a vote, the vote was as follows: Chairman Carolyn K. Eggert - Aye _ Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 25 day of August , 1992. BOARD OF COUNTY COMMISSIONERS + INDIAN RIVER COUNTY, FLORIDA Attest:'...' B y ' Caroly K. Egger r Jef ey . Ba ton, Clerk hairman . 60171 Indira pryer Cu Aaproved Admin. Legal _�c+udgel pEyt. 14 Risk Mgr. Dale I 0 B/10/92(lagaljRE80/V1c� 24 lie: Carter Road (SW 1st St.) R/W Parcel #17-33-39-00001-0130-00002.1 Emerson I . RESOLUTION NO. 92- 148 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. 1 WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and . WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes, properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 942, Page 997, which was recently acquired by Indian River County for right of way purposes on SW First Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. S The resolution was moved for adoption by Commissioner Bird , 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 Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 25 day of August 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA Attest: ' Jef rey;:K.'�Ba'rt'n,,•G�CIei Nub b92, By JT- Carol yK K. Eg Mairman 15 0 AUG 25 1992 BOOK C e F";A ajj H/10/92Clagr�l)RE9O/Vlc� 25 Re: Carter Road (SW 1st St.) R/W Parcel #17-33-39-00001-0160-00004.0 Bagaley RESOLUTION NO. 92- 149 A -RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or, the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to. accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 942, Page 1001, which was recently acquired by Indian River County for right of way purposes on SW - First Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. S The resolution was moved for adoption by Commissioner Bird , 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 Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 25 day of August , 1992. Attest;.- Jeffrey ttest:Jef rey K. '$arto , ;Clerl BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caroly K . Egger Oftairman 16 Re: Carter Road (SW 1st St.) R/W B/10/92(lasal)R1r80/Vk.26 Parcel #17-33-39-00601-0160-00001.0 Bagaley RESOLUTION NO. 92- p go A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes' properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, *upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 942, Page 1005, which was recently acquired by Indian River County for right of way purposes on SW First Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. s The resolution was moved for adoption by Commissioner Bird 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 Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye District #4 Commission Seat Vacant The Chairman thereupon declared the resolution duly passed and adopted this 25 day of August , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r'Attest:.• ' By Carolyn . Eggert Jeff re Ba , Cr C rto airman 17 P11P 95 1W BOOK � �F'.4UE •.� r r- -1 AUC 25- N-2 , BOOK' IR FAUEJjQ .J J. Utilities Developer's Agreement - A Schommer The Board reviewed the following memo dated 8/16/92: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: August 16, 1992 RE: UTILITIES DEVELOPER'S AGREEMENT ALAN R. SCHOMMER At the request of staff of the Planning and Utilities Departments we prepared the attached Developer's Agreement to ensure that the developer will connect to and pay impact fees for a wastewater line being contructed by the County. This matter was previously covered as part of a Letter of Credit which has expired. REQUESTED ACTION: Request the Board to authorize the Chairman to sign the Developer's Agreement on behalf of the Board of County Commissioners. ON MOTION by Commissioner Bird, seconded by Commissioner Scurlock, the Board unanimously approved the Developer's agreement with Alan R. Schommer, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Appointment to Transportation Disadvantaged Local Coordinating Board ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously appointed Carolyn Samuelto to the Transportation Disadvantaged Local Coordinating Board replacing Richard Stetson. 18 - ELA DOUGLAS SCHOOL LEASES The Board reviewed the following memo dated 8/18/92: TO: Board of County Commissioners DATE: August 18, 1992 FILE: THR_IJ: - James Chandler �� County Administrat r SUBJECT: Douglas School Leases 'I FROM: Randy Dowling EFERENCES: Ass t. to County Administrat.P County staff received a letter from Ervin Cartwright, Vice -President of the Wabasso Progressive Civic League, requesting the County to remove the Title XX child day care center, a center sponsored by Agricultural and Labor Program, Inc. (ALPI ), from the Douglas School cafeteria because of APLI's encroachment upon the cafeteria for their programs. Staff found three leases and one license agreement connected to the Douglas School complex, a county -owned property. Briefly, on January 8, 1986, Indian River County leased the entire Douglas School complex to the Economic Opportunities Council (EOC) for 20 years. On November 25, 1986, the County incorrectly tried to lease the Douglas School cafeteria to the Wabasso Progressive Civic League (WPCL) for 20 years. This November 25, 1986 lease is invalid because the County had no right to lease the cafeteria to the WPCL because the County had already leased the cafeteria to the EOC. On February 27, 1988, the EOC subleased space at the Douglas School to the Agricultural and Labor Program, Inc. for a Title XX child day care center for five years, apparently without the required expressed consent of the County. To correct the overlapping lease problem concerning the cafeteria, the EOC on April 6, 1988 granted a license to the WPCL for use of the cafeteria building. The April 6, 1988 license states that the EOC grants the WPCL a revokable license to use the cafeteria building and that the license may be revoked by the EOC for any reason on 30 days notice. It seems that the WPCL is at the mercy of the EOC. I have expressed these facts to Mr. Cartwright in letter for his organization, the WPCL, and the EOC come to a mutually this problem. However, he insists that the County remove day care center from the premises. 19 m and suggested that agreed to solition to the Title XX child AU P,5� 2 BOOK � d f'1�' E : 41 A" 215 1997 BOOK d F,S,E •� 9 Attorney Vitunac believed the EOC sublease itself will run out within one year and that will solve the whole matter. Administrator Chandler advised that we have attempted to bring the two parties together to resolve this, but to no avail. Mr. Ervin Cartwright, vice president of the Wabasso Progressive Civic League, explained that ALPI's lease with the EOC is only for classrooms 20 and 21. They also gave them the use of the original dietitians's office next to the cafeteria, but they began to bring the children into the cafeteria on rainy days. There wasn't any conflict until they allowed the children to bring their toys into the cafeteria and bang them into the walls. The Civic League does not object to the children, but they do object to the children not being properly supervised and the resulting damage to the walls. They also object to the way the building is being kept. He explained that Mrs. Adie Bennett of the Title XX child day care center started to store things in the dietitian's office and it became a very crowded storage room. When they tried to evict her last September, Mrs. Bennett tried to override all:of the Civic League's complaints so she could get a lease on the cafeteria. Chairman Eggert asked if there is any other space that they could be using other than the cafeteria, but Mr. Jenkins, director of the EOC, stressed that the EOC leased the property to the WPCL but also leased properties to ALPI. The board of directors of EOC has not received any criticism concerning the use of the building by ALPI. Had they received any complaints, they would have checked into it, but that would have been done by a regulatory agency. Mr. Jenkins stated that they don't have any problem with sitting down with Mr. Cartwright and trying to work out a solution to the problem. Technically, the properties are under the lease of the EOC and they would hate to see such a viable child care program run out of the center. They have 67 children in the Title XX program, which has an annual budget of over $300,000. Mr. Cartwright pointed out that 67 children is far above what the Fire Department allows. County Attorney Vitunac advised that the EOC has a 20 -year lease from the County and gave a license to the WPCL for the use of the cafeteria. The WPCL is operating under the good auspices of the EOC, not the County. Actually, the EOC could evict the WPCL after a 30 -day notice. Instead, we have the tenant trying to throw out the landlord. Commissioner Scurlock felt that since the lease is with the EOC and will remain with the EOC, they should get together with the Wabasso Progressive Civic League to resolve their differences. 20 Chairman Eggert felt that ALPI should be in on the discussions also. Mr. Cartwright stressed that we should remember that the cafeteria was to be for infrequent use and not daily use. The Headstart program was to be a daily use. He listed the many improvements made by WPCL volunteers in their eagerness of having a meeting place and also listed the costs of those improvements. Attorney Vitunac reiterated that the Wabasso Progressive Civic League's lease is with the EOC and that their former lease with the County is void. Discussion ensued about the original lease with the County and Mr. Jenkins reiterated that they are willing to sit down with Mr. Cartwright and work this out. Mr. Cartwright stressed that they don't want to go back to moving beds, cots, and chairs every time they want to hold a meeting. He wished to point out that when he came to the Board six years ago in 1986, the lease was for the cafeteria which was a separate building. Commissioner Bird understood that they leased or licensed the same site to two different entities, but Attorney Vitunac explained that the EOC can kick the Civic League out after giving 30 days notice. Commissioner Bird agreed that the best thing Mr. Cartwright could do would be to work this out with the EOC. Mr. Cartwright spoke of the violations that are being overlooked, such as the increase in children attending the Headstart Program and the Title XX program. He understands the present total attendance of the Headstart program and the Title XX program is 150 children. Elizabeth Young advised that Headstart is in compliance with the new state regulations that provide child care and are not in violation of their child ratio within that program. The Title XX program is equally inspected and is in compliance also. Commissioner Scurlock pointed out that the septic system certainly is not in compliance. That's why Mr. Cartwright is saying that having 150 children in the two programs is not in compliance with the Health Department's limit on the septic system. However, that problem with the Health Department could be solved by expanding the septic system. Commissioner Scurlock reminded Mr. Cartwright that this can be worked out; however, the EOC is holding the cards and the WPCL can be turned out. Mr. Cartwright advised that he would have to report back to his people at their next meeting, and Chairman suggested that Mr. 21 Al BODK I FADE BOOK 1 FACE d e� Cartwright inform the EOC in writing of what it is they want with regard to moving chairs and equipment before a meeting. Commissioner Bird wanted to see this resolved because the Wabasso Civic Progressive League was here long before the EOC and probably will be here long after the EOC is gone or changed its name or function. PUBLIC HEARING — REQUEST FOR SPECIAL EXCEPTION USE, GROVE MAINTENANCE SERVICE— PERRY FULFORD 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 v In the Court, was pub. fished in said newspaper in the Issues of �Z� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in' said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication S 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. 4 AUG 1992 COMMUNITY DMtWA&NT DEPT. m e t/a' —. I 1 'T 1dr y of D. 19 Manager) ► Ort 14r.*'s Jetta 29, 1993 W NOTICE OF PUBLIC WARM Notice of hearing to mer thew Buena ea a alai ex approval for an The �Ject property b owned by Perry and Vere Fulford, mid located In 30. Town• � l �S Range 39 E. tree the above neap fa A pubAc hearing at which parties In interest am dtizerre ahaB have an to be heard, wil be held by the Board o} �v CCorrertissbaera of Indian River county, in fhe Camly Cormrds Ing. located at 1840 25the th Street, Vero aB�h Fb ice Tuesday. August wish to 2 at 9:05 a.m. Anyone which be made at the appeawill l any d to m sure that a verbatim nwo of the proceedings it made, which includes testimony and evidence upor which the m�eeal Is based. MDI M RIVER COUNTYBoard of ' Aug 8.rdsslonars 8992 K. , Chairman 922814 607 The Board reviewed the following memo dated 8/14/92: TO: James -E. Chandler County Administrator DIVISION HEAD•CONCURRENCEs B?.Aw. Reati , I P Community Developmeht Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: August 14;-1992 SUBJECT: Perry Fulford's Request for Special Exception Use Approval to Construct an Agricultural Business (Grove Maintenance Service) Facility If is requested that the data herein -presented be given -formal consideration by the Board of County Commissioners at its regular meeting of August 25, 1992. PROPOSED DEVELOPMENT AND LOCATION: Mosby & Associates, Inc. has submitted a major site plan and special exception use application on behalf of 'Perry Fulford to construct an agricultural business (grove maintenance service) facility at 1450 74th Avenue S.W. The subject property is located on the east side of 74th Avenue S.W. approximately } mile south of 9th Street S.W. and is zoned A-1. Because agricultural businesses require special exception use approval in the A-1 district, special exception use approval is required for the proposed use of the site. The applicant will be operating a grove maintenance service from the site. The business will service several groves located throughout the county under the applicant's ownership, lease interest, or contract/agreement to maintain. Grove maintenance services are considered an agricultural business pursuant to Sections 971•.08(1) and 911.06(4) of the Land Development Regulations (LDRs). Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use based on the submitted site plan and the suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its August 13, 1992 meeting, the Planning and. Zoning Commission voted 4-0 to grant major site plan approval contingent upon special exception use approval by the Board of County Commissioners and recommended that the Board of County Commissioners grant special exception use approval for an agricultural business. 23 W 6 ,4 b �ol GOOK ! FA6L— •� " ANALYSIS: 1. Overall Parcel Size: Size of Area of Development 9.58 acres 1.57 acres BOOK 8'1 1A,,L 13 15 2. Zoning Classification: A-1, Agricultural District (up to 1 unit per 5 acres) 3.-- Land Use Designation: AG -1, Agricultural (up to 1 unit per 5 acres) 4. Building Area: 7,500 sq.ft. 5. New Impervious Area: Build 6. Open Space Required: 60% Provided: 68% Area: 7,500 sq.ft marl): 14,544 sq.ft. Total: 22,044 sq.ft 7. Traffic Circulation: The project will access 74th Avenue S.W. via a 22' marl driveway. The 22' driveway width is required pursuant .to Section 952.12(5) of the LDRs. The 22' wide driveway is to be provided by the applicant by improving an existing 10' wide driveway which is now shared with the .owner of the adjacent property. Improvements to this shared driveway will encroach onto the property adjacent and to and south of the subject site. To establish the legal authority to construct and maintain the driveway improvements, the Attorney's Office has indicated that the applicant must establish a joint -access easement between the applicant and the owner of the property to the south, prior to site plan release. 8. Off-street Parking Required: 15 spaces Provided: 15 spaces Note: The parking and driveway areas will be stabilized and constructed of marl. Pursuant to the Section 954.10(3) parking ordinance provisions in effect at the time of the review of this proposal, the county engineer has determined that the proposed marl surface is appropriate and allowable for the proposed agricultural use. 9. Stormwater Management: The stormwater management plans have been approved by the Public Works`Department, and Public Works has indicated that a type "A" stormwater permit will be issued for the project. 10. Landscape Plan: The landscape plan is in conformance with the requirements of Chapter 926. 11. Utilities: The project will utilize an on-site well and septic tank system. These utility provisions have been approved by the County Department of Utility Services and Environmental Health Department. 12. Dedication & Improvements: None are applicable. 13. Concurrency: The initial concurrency certificate application submitted for this project has boon rogiar.+ea _i, `t ig anticipated that the initial concurrency certificate will be issued prior to this application being considered for approval by the Board of County Commissioners. 24 14. Specific Land Use Criteria: 0 The application must satisfy the following specific land use criteria which apply to agricultural businesses: A. Agricultural businesses may be allowed to locate within the A-1, A-2, or A-3 districts only upon a finding by the reviewing body that such businesses are directly related to or provide services for active agricultural operations and that such uses would not be more appropriately located in a commercial or industrial.zoning district; B. Agricultural businesses shall include but not be limited to : . Agricultural business offices; and sales of agricultural equipment, products and supplies, such as grove maintenance services, or livestock facilities; C. Agricultural businesses shall not be interpreted to permit wholesaling or processing operations; D. The business must be located in an area designated either as AG or R --on the comprehensive land use map. In staff's opinion, the application request meets all of the above criteria. 15. Surrounding Land Uses and Zoning: North: Vacant/A-1 South: Vacant/A-1 East: Groves/A-1 West: Landfill/A-1 RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners: 1. Grant special exception use approval for the requested agricultural business (grove maintenance service). Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously granted special exception use approval for the requested agricultural business (grove maintenance service), as recommended by staff. PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 305 COURTS TO INCLUDE A DISTRIBUTION FOR CIVIL PENALTIES TO THE FUND FOR THE LOCAL LAW ENFORCEMENT EDUCATION FUND 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: 25 BOOK !' m U L •. Si J X992 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a / in the matter of _6�lw in the Court, was pub. i lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian RI ed copy of ver Coun. ty, Florida, for a period of one year next preceding the first publication of the attach 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 (SEAL) this.- &0g=X day A.D. 19qr' Manager) BOOK t ' l pkv, of d The Inclan V °iice of a f a.m. on Tusedsy, the fO IM* 0.0ro. kW10 WO May mWbebe meft et Ub P io FioarUto qpW �p on qmuet 1982. will need !!amore ew a varbeNm record of the POWN&W r,OWedft up awlrbhtl,eepph A�teet 6.1ti92 °r` 923108 The Board reviewed the following memo dated 7/29/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant. County Attorneyc'fg DATE: July 29, 1992 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 305 COURTS TO INCLUDE A DISTRIBUTION OF CIVIL PENALTIES TO THE FUND FOR THE LOCAL ` LAW ENFORCEMENT EDUCATION FUND. When Chapter 6 of the old code was transferred to Chapter 305 on December 23, 1991 a special distribution of 25% of all civil penalties paid to the County to the fund under Section 318.21 was inadvertently left out. It is recommended that this special distribution be incorporated into Chapter 305. Further, it is recommended that the Clerk of Court be authorized to make a retroactive distribution in accordance with this formula. 26 Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 92-33, amending Chapter 305, Courts, to include a distribution of civil penalties to the fund for the local Law Enforcement Education Fund. 7/29/92(Legal) docs\chap305 (TPO/sb) ORDINANCE 92- 33 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 305, COURTS, TO INCLUDE A DISTRIBUTION OF CIVIL PENALTIES TO THE FUND FOR THE LOCAL LAW ENFORCEMENT EDUCATION FUND. BENT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION 1. AMENDMENT. Section 305.03 is amended by the addition of a new subsection (3) to read as follows: (3) In addition to the costs assessed pursuant to Section 943.25, F.S., 1991, 25% of all civil penalties received by the County courts, pursuant to Section 318.21, F.S., 1991, for violations occurring within the unincorporated area of the County shall be used to fund the local criminal justice training fund. SECTION 2. EFFECTIVE DATE This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 25 day of August . . 1992. 27 � � 25 M92 I- f F - q - P BOOK � l FA�,E J i ORDINANCE NO. 92- 33 This ordinance was advertised in the Vero Beach Press - Journal on the 6 day of August , 1992, for a public hearing to be held on the'25 day of August , 1992, at which time it was moved for adoption by Commissioner Bird and the motion was seconded by Commissioner Scurlock , and, adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District #4 Commission Seat Vacant BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolya12!!� Egger Chairm AttestJef r _ (/ argon Clerk G'� Gt/ Acknowledgment by the Department of State of the State of Florida, this _31st day of August , 1992. Effective date: Acknowledgment for the Department of State received on this 4th day of _Sentembew 1992, at 9:55 a.m./p.m. and filed In the Office of the Clerk of the Board of Counfy Uommissioners of Indian River County, Florida. 1Inefan Ria Ca I Approved Date �r_ PUBLIC HEARING - EMERGENCY ORDINANCE - OCCUPATIONAL LICENSE FEES EFFECTIVE DATE Chairman Eggert recalled that when the Board voted to send a letter to Tax Collector Gene Morris asking him to start collecting these fees on October 1, 1992 and give back any fees he had collected up to that time, he said he would be glad to if we changed the effective date of the ordinance to October 1, 1992. This is an attempt to do that. Commissioner Scurlock felt that since this is an emergency ordinance, Commissioner Bird should declare a conflict of interest, just so we are clean on it, because he is a realtor and would be affected by this legislation. He felt that since this is an emergency ordinance, it takes an extra level. - 28 0 Commissioner Bird responded that Commissioner Scurlock's personal feeling is incorrect. He really would not be affected by it because he presently has an occupational license from both the City of Vero Beach and the County. This ordinance would have no effect on him. County Attorney Vitunac felt that it is important in an emergency ordinance to have the votes of all four members of the Board since the fifth seat in District 4 is still vacant, and if a Commissioner doesn't have a personal financial interest in this such that the vote inures to his own personal financial gain, then he can vote. If he does make that finding, we need all four Commissioners voting. A MOTION MADE by Commissioner Bird,. SECONDED by Chairman Eggert, that the Board declare an emergency with regard to adopting an emergency ordinance, failed by a vote of 3-0, Commissioner Scurlock declining to vote. Commissioner Scurlock noted that he did not vote because he felt the Motion was rushed without the emergency being fully explained. Chairman Eggert advised that normally silence is interpreted as a yes vote, but Commissioner Scurlock replied that wasn't so in his case because he was never silent. Attorney Vitunac explained that some time ago the Commission requested that the County Attorney's Office look at why doctors were paying more occupational license fees than other professionals, in particular real estate sales people. Assistant County Attorney Terry O'Brien did an extensive, comprehensive memo and brought it back to the Board. One of the options was to charge the real estate sales people the same as every other professional was being charged, or, to not charge the doctors twice. This Commission voted to go ahead and bring the real estate sales people in line with every other professional, which means that in addition to the real estate broker having to pay an occupational license, each sales person under that broker would have to obtain an occupational license and pay the fee. Attorney O'Brien prepared the ordinance and it did have an effective date. It was reported incorrectly in the newspaper that there was no effective date on the ordinance. The effective date was our standard one where it becomes effective on the day the letter of acknowledgement from the State is received in the Clerk's Office. In this case, it was July 6, 1992. At that time the Tax Collector began collecting the fees. 29 AUG 2 199 900K C'dl p;�E �1 l� 5 m � w -J• BOOK A P�,�E •�, Continuing, Attorney Vitunac advised that it was then brought to our attention by Nancy Offutt of the Vero Beach/Indian River County Chamber of Commerce that first of all she didn't like the idea of the fee and, secondly, she didn't like the idea of paying it just for the last couple of months of this fiscal year. We felt that if we had thought of that, we would have made it effective October 1, 1992; therefore, we brought this matter back to the Board of County Commissioners who authorized the Chairman to send a letter to the Tax Collector saying that since the fiscal year was in and running and budgeting was starting October 1, the fees should be collected starting October 1. The Tax Collector said that was fine with him if the Board passed an ordinance amending the effective date to October 1, 1992. Commissioner Scurlock understood all of the history, but he wanted to get right to the chase because he wanted to understand the emergency. Chairman Eggert explained that the emergency is to stop the collecting of the fees immediately. Commissioner Scurlock asked if the emergency is because the Commission erred in its understanding as to when the effective date was going to be, and Attorney Vitunac emphasized that there is no error at all; the ordinance became effective July 6, 1992. However, now that it is realized that the realtors are paying for one half a year for only two months, the Commission would be revisiting the effective date. He reiterated that there is a perfectly valid effective date of July 6, 1992. Commissioner Scurlock felt in his mind that the emergency would be the fact that the Commission just did not realize that the effective date would be a date determined by the normal process, which was sooner rather than later. He believed that had the Commission realized it, they would have specified an effective date of October 1, 1992. Commissioner Scurlock asked Attorney Vitunac if that defined the emergency, and Attorney Vitunac felt that was the case. The emergency is that the Tax Collector is collecting now, and if it is to be changed, it is causing a lot of problems with his having to return the fees already collected. Commissioner Scurlock just wanted that to be on the record before we vote. Commissioner Bird felt he probably would have said that it be effective October 1, 1992, and Chairman Eggert suggested that we rescind the first vote on the emergency declaration and start over. 30 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) rescinded their prior vote and made a declaration of emergency with regard to the effective date of Ordinance 92-23, for the reason that when the Board adopted Ordinance 92-23, the intent was that the effective date would have been October 1, 1992. Commissioner Bowman understood then that if the effective date is changed to October 1, the fees that have been collected after July 6, 1992 must be returned. Attorney Vitunac explained that the Tax Collector will either return the fees or give the realtors credit for licenses obtained on or after October 11 1992. Before opening the Public Hearing, Chairman Eggert reported that Nancy Offutt had telephoned this morning from Washington, D.C. to express her opposition to real estate sales people having to pay a county occupational license fee since many of them already pay fees to the cities of Vero Beach and Sebastian. She suggested that some way be found to charge a city/county fee. Chairman Eggert advised that Mrs. Offutt also asked if insurance sales people pay this fee, and she had answered that is something that the Attorney's Office needs to review with the Tax Collector. Commissioner Scurlock emphasized that we went through this whole process at a public hearing with a recommendation from staff and an analysis by the County Attorney's Office. Chairman Eggert stated that is absolutely correct, but she was just reporting a phone call. Commissioner Bird stated he would vote to change the effective date of the ordinance to October 1, 1992, but he really felt we need to have our staff, in cooperation with the Tax Collector, take an in-depth look at this occupational license situation throughout the county. There are some vast inequities in it and it does put an additional tax on people during these hard economic times. He felt that if we look at the bottom line of how much is collected and what the administrative costs are to collect the fees plus the cost of enforcement throughout the county, he wasn't sure there is a net financial benefit to the County. Maybe it just puts a burden on the business people in the county who are having to pay it. He definitely felt there is a real problem in someone operating in the City of Vero Beach and having to pay a double license fee. Commissioner Bird believed that if there is going to be an occupational license fee, it should be a county fee and applied 31 BOOK k' 251992d F'�1i,E p AUG 2,5 M �G " BOOK �; �� [Mu fairly and equitably throughout the county by working out some agreement on sharing revenues with the municipalities. Commissioner Scurlock recalled that in previous discussions the Board agreed on the necessity of having occupational license fees because it protects the residents from unlicensed people who come into the county and work without any regulation. Commissioner Bowman felt it is incorrect to think that occupational.licenses are a way of raising funds. It doesn't work that way. In fact, it probably costs almost as much to collect and administer the funds. However, it is a vehicle for maintaining a certain standard of performance and it is for the customers' protection. Commissioner Bird responded that he wasn't saying that we cancel the fees, he was just saying that we have our staff get with the Tax Collector and come back to us with some kind of report on whether this present system is fair and equitable, and if it isn't, give us a recommendation on how to improve it. Commissioner Scurlock felt that one of the important things is the insurance requirements, and pointed out that St. Lucie County has very stringent insurance requirements that protect the consumer. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. June Mitsakos, president of the Vero Beach/Indian River County Board of Realtors stressed that real estate sales people should not be taxed as individuals because by law they work under a broker who obtains an occupational license. In addition, they are regulated by the Florida Department of Professional Regulation, who makes sure they are in conformance. Realtors already are paying fees in Vero Beach and Sebastian and a county fee would amount to double taxation. They question why insurance agents and those involved in selling securities are not taxed. Mrs. Mitsakos emphasized that they want to pay their fair share, but they don't want to be doubly taxed. Ron Paradise, understood that according to Ordinance 91-49 the purpose of the occupational license fee is to tax all professionals and that the intent behind that was on the basis of independent contractor vs. employer/employee relations. As a licensed securities salesman, he is an independent contractor, and therefore should be taxed, and as an independent insurance agent, he should be taxed. Mr. Paradise felt that if the Board is going to charge the real estate agents a county fee, perhaps they should consider charging all the professionals in the same manner. With regard to setting standards and regulations, he emphasized that the 32 professionals already are regulated by'state and federal agencies. t Mr. Paradise stated that he was not arguing against the fee, he was simply saying that if he has to pay the fee, then everyone should have to pay the fee. If not, don't charge anyone. Chairman Eggert explained that as our law stands now all professionals should be covered and this would be something that we would have to make clear. Attorney Vitunac explained that the ordinance in our new Code is a recapitulation of the one adopted back in 1985 or 1986. The occupational license law was set up by State law in 1971 when the State said that they were getting out of the occupational license business and that counties could do it on their own, but could not exceed the rates charged by the State in 1971. Around 1985, the State said that the counties could take all those old fees and double them, no more, on a one-time basis, and that was done through the committee chaired by Commissioner Wodtke. This is the result of that committee from years ago, other than this real estate agent issue. Attorney Vitunac felt it was time to look at the whole concept of it. Commissioner Scurlock understood then that the County Attorney's Office didn't reevaluate the entire ordinance, that it was just updated to put into the new Code book. Attorney Vitunac confirmed that to be the case and reiterated that the only exception was the real estate agent question which was readdressed with the Commission's authorization. Now, however, it turns out that perhaps there are more problems than anyone knew and it may be time to go through it again. Bill Koolage, 11 Vista Gardens Trail, didn't understood about the duplicate collection of fees, and Attorney Vitunac explained that everyone living in the county pays an occupational license fee, but some people living in Vero Beach and Sebastian also pay a city fee. Mr. Koolage had understood from the discussion this morning that we are considering doing away with the fees. He didn't feel that was the thing to do because the fees don't sound that high at all. He felt there is some advantage to having occupational licenses and that it is no concern of ours what the cities do. Chairman Eggert explained that all we are doing now is changing the effective date of Ordinance 92-23 to October 1, 1992 and perhaps directing staff to review the entire ordinance. There being no others who wished to be heard, the Chairman closed the Public Hearing. 33 AUG 2 5 1992 d BOOK 8 � F,.G 4, , p�G BOOK 8 7 P, Gc � ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 92-34, amending the effective date of Ordinance 92-23 to October 1, 1992 for the collection of occupational license fees for certain real estate professionals. Chairman Eggert asked if the Board agreed with the need for an in-depth study of Occupational License fees, and everyone indicated their agreement to directing staff to coordinate this study with the Tax Collector's Office. ORDINANCE 92-34 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE EFFECTIVE DATE OF ORDINANCE 92-23 WHICH ADOPTED A REVISED OCCUPATIONAL LICENSE FEE FOR CERTAIN REAL ESTATE PROFESSIONALS. WHEREAS, Ordinance 92-23 imposed a license tax on "Real. Estate Agents"; and WHEREAS, said Ordinance became effective June 29, 1992; and WHEREAS, the license tax cycle runs from October 1 to September 30; and WHEREAS, the imposition of the tax June 29, 1992 would leave only three months of the tax cycle remaining; and WHEREAS, this appears to have caused a undue hardship which can be rectified by having the effective date of said ordinance changed to October 1, 1992; and WHEREAS, it is necessary to make said change immediately and without. normal public notice under the emergency provision of Section 125.66, F . S . , to relieve this undue hardship. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. EMERGENCY. There exists an undue hardship on real estate * agents by the imposition of a license tax in the last quarter of the license cycle. Relief from this hardship may best be accomplished by the immediate 34 enactment of an emergency ordinance amending the effective date of Ordinance- 92-23. SECTION 2. AMENDMENT. Effective date of Ordinance 92-23 is hereby established retroactively (nunc pro tune) to October 1, 1992. SECTION • 3. ADMINISTRATION. Any license tax. previously paid under Ordinance 92-23 is to be refunded or credit given to the year beginning October 1, 1992. SECTION 4. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, Inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, Invalid or inoperative part. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved..and adopted by the Board of County. Commissioners of Indian River County, Florida, on this 25 day of August, 1992.* This emergency ordinance was not advertised in the Vero Beach Press -Journal for a public hearing which was held .on the 25th day of August, 1992, at which time it was moved for adoption by Commissioner Bird, seconded by Commissioner Scurlock, and adopted by the following vote: n Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District #4 Commission Seat Vacant BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA to By Jeffrey K. Ba ton �Q Carolyn Eggert Clerk �y , • /� e ze `"' Chairme� * Pursuant to the rules of passing an emergency ordinance this ordinance became effective at 5:00 p.m. on August 25, 1992 when it was sent by certified mail to Tallahassee, Florida. 35 BOOK 87.386 n Boa 87 rnf3K AS -BUILT RESOLUTION AND ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO 42ND AVENUE BETWEEN 10TH STREET & 12TH STREET The Board reviewed the following memo dated 8/12/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. If Public Works Director and Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile�,C Civil Engineer SUBJECT: As -Built Resolutions & Assessment Rolls for Paving and Drainage Improvements to: 1) 42nd Avenue between 10th Street & 12th Street DATE: August 12, 1992 DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: Preliminary Estimates $60,267.52 - 100% $45,200.64 - 75% (2,384 Front Footage) $18.96/per FF Final Cost $55,564.32 - 100% $42,506.72 - 75%* (2,384 Front Footage) $17.83/per FF *This figure includes 2% Tax Collector's fee. The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 9�% established by the Board of County Commissioners. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned road be approved by the Board of County Commissioners and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book" and for collection. 36 ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 92-151, certifying "As -Built" costs for certain paving and drainage improvements to 42nd Avenue between 10th Street & 12th Street, designated as Project No. 8709, and other construction necessitated by such project; providing for formal payment without penalty and interest. EXHIBIT A - FINAL ASSESSMENT ROLL - IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AS -Built (Fourth Reso.) 8/10/92(ENG)RES4.MAG\gfk RESOLUTION NO. 92-151 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 42ND AVENUE BETWEEN 10TH STREET & 12TH STREET, DESIGNATED AS PROJECT NO. 8709, 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. 8709, are in the public interest and promote the public welfare of the county; and WHEREAS, on October 23, 1990, 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. 90-162, 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 37 AUb 4�D `1992 BOOK Y I h.` . � .JL __� IL, No. 92- 151 WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $17.83 per front foot, which is less than $18.96 per front foot in the confirming Resolution No. 90-162, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 90-162 is modified as follows: The completion date for Project No. 8709 is declared to be July 1, '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 1% 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 No. 90-162 shall be as set forth in attached Exhibit "Al' 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 No.90-162 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 Bird and, upon being put to a vote, the vote was as follows: 38 L_J Chairman Carolyn K. Eggert Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District #4 Commission seat vacant The Chairman thereupon declared the resolution duly passed and adopted this 25 day of August BOARD OF COUNTY COMMISSIONERS OF IND RIVER O Y, FLORIDA By CAROL EGGE Y.4 Chai Attest: JEFFRIn OF Clerk /e79.x. Appr,ved 13sie Admin J. Legal Attachment: Exhibit "A" audget 'FI Eng. �r Dept A131% Mgr. xa' Y PURCHASE OF METER TEST BENCH The Board reviewed the following memo dated 8/13/92: DATE: AUGUST 13, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIERVICES STAFFED AND PREPARED BY: HARRY E. ASH ASSISTANT DI OR OF UTILITY SERVICES SUBJECT: PURCHASE OF METER TEST BENCH BACKGROUND: Indian River County Department of Utility Services currently has approximately 11000 water meters in sizes ranging from 3/4 -inch 39 AUG 25 1992 BOOK E , 12- 7- AUG 25 992 BOOK d F'f+.,E.-'9' through 8 -inch. The Department currently contracts with outside testing services for testing of its larger 3 -inch through 8 -inch meters. The Department has utilized a portable test unit to field test 3/4 -inch meters on a complaint basis. This method is not the most reliable and also is very labor intensive. The Department has thoroughly reviewed the various options available for meter test benches that will provide the Department with the ability to set up a certified test facility to accurately test its water meters and respond to customer meter accuracy complaints. ANALYSIS: The Department has reviewed the various options available in meter test benches at this time. The Department believes that at this time, the Mars Series of test benches offer the features to automate the testing process and is constructed of materials that will provide service for many years. The County has the opportunity to purchase a unit that was originally manufactured for a bid in St. subsequently utilized as a demo unit. Lucie County and $17,920.00. The manufacturer is willing Ato a ellnithroughd thcost eir distributor, Davis Meter Supply Company, the demo unit for $15,262.20. Purchasing the unit through Davis Meter Supply Company will provide assurance of warranty and parts availability. The unit would be modified to accommodate testing of 1 1/2 -inch through 2 -inch meters utilizing the same test tanks utilized for the 3/4 -inch through 1 -inch unit, thereby saving the cost for additional tanks at a projected saving of $2,700.00. The test bench, if authorized, would be installed at the Ixora Warehouse facility. Training and state certification of the unit are included in the Purchase price. RECOMMENDATION: The staff of the Department of Utility Services recommends the Board of County Commissioners approve the purchase of the Mars Meter Test '-'=nCh at the coatof $1 ,262,20 as set--r`orth in the attached quote. Commissioner Scurlock asked if we have had a bench in the past, and Utilities Director Terry Pinto explained that we were either taking them over to the City or farming them out. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the purchase of the Mars Meter Test Bench at a cost of $15,262.20, as recommended by staff. 40 REJECTION OF BID FOR REMOVAL OF PELICAN POINTE WASTEWATER TREATMENT PLANT The Board reviewed the following memo dated 8/13/92: DATE: AUGUST 13, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILI SERVICES PREPARED TERRY H. DRUM —IQ,P AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PELICAN POINTE WWTP REMOVAL BID N0:-92-103 �KGROUND On June 24, 1992, Indian River County advertised for Bid (No. 92-103) for the removal/sale of the Pelican Pointe Wastewater Treatment Plant. All bids were to be received by 2:00 p.m. on July 15, 1992. The Board of County Commissioners reserved the right to accept or reject any and all bids in whole or in part and to waive all informalities (see attached). The bid process generated only one response in the amount of $1,402.00. ANALYSIS The Department of Utility Services suggests rejecting the submitted bid in the amount of $1,402.00 and authorizing this department to negotiate a sale to produce greater income, more in line with the cost of a used 90,000 -gallon capacity wastewater treatment plant. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners reject the bid received on July 15, 1992, in the amount of $1,402.00 for the removal and sale of the Pelican Pointe Wastewater -Treatment Plant and approve the authorization to negotiate the sale of same. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously rejected Bid No. 92-103 received on 7/15/92 in the amount of $1,402.00 for the removal and sale of the Pelican Pointe Wastewater Treatment Plant and approved the authorization to negotiate the sale of same, as recommended by staff. Commissioner Bird asked if there might be any value as a plant, and Utilities Director Terry Pinto felt there may be considering 41 AUG 2 5 1992 BOOK AUG L� 5 1992 800K the situation in south Florida after Hurricane Andrew. estimated it might be worth $600. He Commissioner Bowman felt we should advertise this now, and Administrator Chandler advised that we just received an inquiry for an offer in excess of $1,400. DESIGN PROJECTS (WATER & WASTEWATER) TO COMMERCIAL/INDUSTRIAL NODES, SR -60 AND I-95 AND OSLO ROAD AND I-95 The Board reviewed the following memo dated 7/14/92: DATE: AUGUST 14, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO ,DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM cCAIN AND STAFFED CAPITAL TS ENGINEER BY: DEPARTMEr-WITY SERVICES SUBJECT: DESIGN PROJECTS (WATER AND WASTEWATER) TO COMMERCIAL/INDUSTRIAL NODES, ROUTE 60 AND I-95 AND OSLO ROAD AND I-95 BACKGROUND After the approval of the Indian River County Comprehensive Plan, industrial/commercial nodes were permanently established at the aforementioned intersections in Indian River County. As a result of potential development of these nodes, the Utilities Department wishes to proceed with evaluation and design of both water and wastewater service to these areas. ANALYSIS We are proposing to install utilities (both water and sewer) slightly west of I-95 on State Road 60 and just east of I-95 on Oslo Road. The Department is requesting authorization to proceed with layout, surveying, design and cost estimations for service to these two intersections. The survey costs are not to exceed $25,000.00 for the two projects. Funding for the project's survey and design costs will be from the impact fee fund. Upon completion of design and final cost estimation, we will bring these projects back to the Board of County Commissioners for authorization to construct. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve layout, surveying, design and cost estimations for these projects and authorize the expenditure of up to $25,000.00 for surveying services. 42 Commissioner Bowman didn't want this to go beyond I-95. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved layout, surveying, design and cost estimations for the above projects and authorized the expenditure of up to $25,000 for surveying services, as recommended by staff. DEVELOPER'S AGREEMENT WITH NANCY MOON FOR UTILITY OVERSIZING The Board reviewed the following memo dated 8/17/92: DATE: AUGUST -17, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILIT )/SERVICES PREPARED WILLIAM McCAIN AND STAFFED CAPITA GINEER BY: DEPAR F UTILITY SERVICES SUBJECT: DEVELOPERS AGREEMENT WITH NANCY MOON FOR UTILITY OVERSIZING BACKGROUND On October 18, 1990, the Board of County Commissioners approved the study/predesign of sewer collection systems for the area bounded on the east and west by the Indian River and U.S. #1, and bounded on the north and south by Brevard County and the Indian River Drive/ U.S. #1 intersection. This study been completed and accepted by this Department. The attached exhibit depicts the service area where the Moon property is located; also shown on the exhibit are existing, proposed and current projects under design by the Utilities Department in this area. As can be seen in this exhibit, the County, by entering into this developers agreement, is taking advantage of a prime opportunity to work with a developer to expand and complete its sewer collection system. ANALYSIS The cost associated with the joint portion of this project is $13,210.00. (For a list of shared project items see Exhibit A). As shown on Exhibit A of the attached agreement, the developer's portion of this cost is 6% or $792.00, leaving the County's portion of the project at $12,417.00. 43 BOOK FA6E AUG 25 ��92 The cost of this reimbursement for construction shall ultimately be recovered through assessment of surrounding properties as follows: 1) A portion of the force main will be included in the Rousseau River Shores project along with the jack and bore. 2) The cost of oversizing of the electrical panel will be shared by the property owners who will ultimately tie into the low pressure system. 3) The engineering cost will also be recovered proportionally from the aforementioned projects. In the interim (prior to completion of the area projects), funding for the construction of this project will come from the impact fee fund. For specific details of the proposed agreement, see attached. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize the execution of the attached developers agreement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Developer's Agreement with Nancy Moon for utility oversizing, as recommended by staff. DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AGREEMENT FOR ENGINEERING PROFESSIONAL SERVICES - ROSELAND WATER TOWER The Board reviewed the following memo date 7/18/92: DATE: JULY 17, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILIT SERVICES PREPARED ROBERT O. WISEMEN, P.E AND STAFFED ENVIRONMENTAL ENGINEER Pv6VJ BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND ENGINEER FOR PROFESSIONAL SERVICES - ROSELAND WATER TOWER INDIAN RIVER COUNTY PROJECT NO. UW -92 -07 -DS BACKGROUND On May 19, 1992, the Board of County Commissioners authorized the Department of Utility Services to conduct negotiations with and proceed with an agreement with the first -choice firm of Mock, Roos and Associates, Inc., for the above -referenced project based upon the outcome of the negotiations (see attachment)-. 44 � � s r ® � ANALYSIS Negotiations with"Mock, Roos and Associates, Inc., for professional services have been completed, and a standard form of agreement between owner and engineer for professional services has been submitted to the County for approval. The work authorization in this agreement consists of studying, reporting, preliminary engineering design and permitting, final design, bidding services, resident inspection, inspection after substantial completion, and additional services; such as, surveying and soil exploration for the tower foundation. Description of services is explained in Exhibits A and B. The following are services to be performed on a not -to -exceed basis: 1. Preliminary Engineering $ 8,000.00 2. Final Design 18,500.00 3. Bidding Services 2.500.00 Subtotal $29,000.00 (3.00%) 4. Construction Phase, with $36,500.00 (4.00%) engineer's resident inspection These fees are in line in relation to the degree of difficulty of construction. Additional services on a not -to -exceed basis: 1. Survey $ 2,500.00 2- Cni 1 Ayr0 oration and testing _r.__.. ti Subtotal $ 7,500.00 3. Operation Phase/Inspection after one 2,000.00 year (optional) Total amount to be approved $ 75,000.00 The preliminary estimated construction cost is $860,000.00. Funding for the consulting fee will be paid from the water impact fee fund. RECOMMENDATION The Department of Utility Services recommends execution. of the agreement with Mock, Roos and Associates, Inc., and approval for the submitted Scope of Services. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved the agreement with Mock, Roos and Associates, Inc. and the submitted Scope of Services, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 45 Aub 25 1997 BOOK / f';UE j� AUG 6 BOOK 1 FA.IJtJ I FLORIDACRES WATER MAIN PROJECT - FINAL PAY REQUEST A FINAL CHANGE ORDER The Board reviewed the following memo dated 7/18/92: DATE: JULY 18, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO .DIRECTOR OF UTIL� RVICES`` PREPARED ROBERT 0. WISEMEN, P.E. O1 AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL PAY REQUEST AND FINAL CHANGE ORDER FOR FLORIDACRES WATER MAIN PROJECT IRC PROJECT NO. UW -91 -04 -DS BACKGROUND On April 7, 1992, the Indian River County Board of County Commissioners awarded the subject project to Timothy Rose Enterprises in the amount of $13,913.40. (See attached agenda item.) ANALYSIS The original contract amount of the project was $13,913.40. The proposed change order (see attached) increases the contract amount by $550.00, which was necessitated to service an additional lot, that originally would not grant an easement for construction. By approval of this change order, the contract amount is $14,463.40. We are requesting approval of the final pay request in the amount of $1,941.34. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Change Order No. 1 and final pay request to Timothy Rose Enterprises. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved Change Order No. 1 and Final Pay Request of Timothy Rose Enterprises, as recommended by staff. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 46 LETTER TO SUPPORT THE PROJECT "EYES OF THE STORM" OF THE AIDS SUPPORT GROUP OF IRC.. INC. The Board reviewed the following letter dated 8/20/92: 1992293 Boa�Directors: Carol Molloy — President Mark P. Rygonik — IAce Pres, Marge Shake — SM/7Yeas. Jack Chomey — ExecutI Director Judy Smith — Corresponding Sec. - Members at Large: Michelle Klesel, RPI Lisa oleson Herald Pler one, Jr., MD James Micheal Smith Bull Kantor, A.R.N.P, III At . IVA �r- i r , August 20, 1992 j< Dear Friend vw The AIDS Support Group of IRC, Inc., is currentl involved in the development of an exciting and y innovative program to present educational material about HIV transmission. This multi -media theatrical presentation, combining, music, drama and dance with audio/visual tools and special effects is being written exclusively for the AIDS Support Group of IRC by a professional musician/playwright. Our project, "EYES OF THE STORM" will give a mes- sage to young people grades 4 through 12 that education is the key to arresting, the propagation, and ending the cycle of spread, of the HIV virus. It will also help to develop prevention skills in many areas of the youth population, increasing, awareness of HIV/AIDS, while reaching youth in a manner that is non -preaching. By utilizing real-life stories as the presenta- ti.on's text, and local individuals with HIV/AIDS as role models for characters, our roject -a vehicle for hope and on -giving "life" forprovidemembers of the Support Group. At this time we are asking for your support of this project expressed in a letter to: INSURE (Industrywide Network for Social, Urban and Rural Efforts) 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2599 Please submit your letter at your very earliest convenience (but no later than Wed., Aug, 26th) to the AIDS Support Group of Indian River County, c/o Mark Philip Wygonik, Vice President 2239 Vero Beach Ave. Vero Beach, FL 32960 If you have any questions, please call Mark at 567-7737 or Carol Molloy, President, at 569-9339 or 567-2354. Excitedly, AIDS Su rl Groof Indian River Co., Inc. P.O. Boz 92 • Vero each. rL 2961-0092 47 BOOK C; d F'�,;ta -AUG 2051992 800K ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to send a letter supporting the "Eyes of the Storm" program, as requested by Aids Support Group of Indian River County, Inc. 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. K. Barton, Clerk 11'F3 Caro n K. Eg , Chairman