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Home My WebLink About9/8/1992r BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, SEPTEMBER 8, 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 ) Margaret C. Bowman, Vice Chairman ( Dist. 1) Richard N. Bird (Dist. 5) Don C. Scurlock, Jr. (Dist. 3) District 4: Vacant 9.00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1) Approval of Minutes of Special Meeting of 9/3/92 2) As Item 7H, approval of bond for John W. Tippin. 3) As Item 13B, discussion re presentation of proclamations at BCC meetings. 4) As Item 11A-2, setting a date for second LDR public hearing. 5. PROCLAMATION AND PRESENTATIONS Adoption and Presentation of Proclamation Honoring Indian River County Master Gardeners Group 6. APPROVAL OF MINUTES Special Meeting of 7/21/92 7. CONSENT AGENDA A. Occupational License Taxes Collected During the Month of August, 1992 ( memorandum dated September 1, 1992 ) B. Award Bid #3008/Steel Corrugated Pipe - County Wide Contracts ( memorandum dated August 25, 1992 ) C. Release of Utility Liens ( memorandum dated August 28, 1992 ) D. Cancelling Taxes on R/W Acquisition ( memorandum dated August 31, 1992 ) E. Annual Recycling/ Education Grant Funding from FDER - Solid Waste ( memorandum dated August 14, 1992 ) BOOK 87 PACE468 A BOOK 87 PAGE 469 F P G 19 92 7. CONSENT AGENDA (cont'd.): F. Underwriter Selection for Refinancing the Refunding and Improvement Revenue Bonds, Series 1985 - $9,855,000 and the Capital Improvement Revenue Bonds, Series 1987 - $3,655,000 ( memorandum dated September 2, 1992 ) G. Evaluate Refinancing Utility Debt ( memorandum dated September 2, 1992 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNEC- TION WITH WATER SERVICE TO GLENDALE LAKES S/D (NORTH OF 8TH STREET TO 10TH STREET) AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD (continued from meetings of 8-18-92 6 9-1-92) ( memorandum dated September 1, 1992 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Request for Partial Release of Wetland Conser- vation Easement in Woodbridge Estates S/D ( memorandum dated August 27, 1992 ) B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None 11. DEPARTMENTAL MATTERS (cont'd. ): F. PERSONNEL None G. PUBLIC WORKS 1. Amendment to Lease Nos. 3400 and 3503 Treasure Shores Park ( memorandum dated August 25, 1992 ) 2. Sandridge Golf Club Second 1118" ( memorandum dated August 28, 1992 ) 3. Sandridge Golf Course Clubhouse, Rain - shelters and Maintenance Buildings - Change Order No. 3 ( memorandum dated September 2, 1992 ) H. UTILITIES None 12. COUNTY ATTORNEY Acquisition of Right -of -Way for 14th Street from Southgate Village Mobile Home Park ( memorandum dated September 2, 1992 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT ELM's III (deferred from meeting of 9-1-92) B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None BmK 87 PAGE 470 AFP 0 R �9q7 r l 14. SPECIAL DISTRICTS (cont'd. ): B. SOUTH COUNTY FIRE DISTRICT None i� AA BOOK 87 PACE 471 C. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. -m m Minutes aro imaooroved Minutes of BCC Meeting of Sept. g, 1992. Afar approval by dw BCC they wiB become die official record. Tuesday, September 8, 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, September 8, 1992, at 9:00 o'clock A.M. Present were Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Don C. Scurlock, Jr. Absent was Chairman Carolyn K. Eggert who was in the hospital. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. Vice Chairman Bowman called the meeting to order, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Vice Chairman Bowman requested the addition of approval of the Minutes of the Special Meeting of September 3, 1992. Vice Chairman Bowman requested the addition as Item H on the Consent Agenda of approval of bond for John W. Tippin, who was appointed by the Governor to fill the vacant District 4 seat. Vice Chairman Bowman also requested the addition under her matters of a general discussion regarding the presentation of proclamations at BGC meetings. Administrator Chandler requested the addition as 11-A-2. of rescheduling a date for the public hearing on the second Land Development Regulations meeting. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) added the above items to today's Agenda. BOOK 87 PAGE 472 PROCLAMATIONS AND PRESENTATIONS Proclamation Honoring IRC Master Gardeners Group BOOK 87 PACE 473 Vice Chairman Bowman read aloud the following proclamation and presented it to Jack Hebb who accepted it on behalf of the Master Gardeners Group. P R 0 C L A M A T 1 0 N HONORING INDIAN RIVER COUNTY MASTER GARDENERS GROUP WHEREAS, the Indian River County Master Gardeners volunteer group meet on a monthly basis and give countless hours of free consultation service to both resident homeowners of Indian River County, as well as the Board of County Commissioners; and WHEREAS, the Indian River County Master Gardeners group gives lectures to various community groups, garden clubs, etc., on a variety of garden subjects and have participated in scheduled consultation service for homeowners of Indian River County at the Indian River County Extension Office and the North County Library in Sebastian; and WHEREAS, this unique gro.-p of volunteers have completed 10,388 hours of service since their inception in 1984 and have voluntarily served unselfishly Since that date for the citizenry of Indian River County; and WHEREAS, the Indian River County Master Gardener group will attend a Master Gardeners Update Training at the University of Florida each year consisting of studying, testing, and dissecting problem situations that homeowners often encounter: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that special recognition be given to the Indian River County Master Gardeners for their diligent and useful service to the residents of this county, and the Board further appreciates and commends the Master Gardeners for their tireless voluntary efforts in the field of horticulture. Dated this 8 day of September,, 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA CaroTyn'k. �99e Chairman 7-7 APPROVAL OF MINUTES Vice Chairman Bowman asked if there were any corrections or additions to the Minutes of the Special Meetings of July 21, 1992 or September 3, 1992. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the Minutes of the Special Meetings of 7/21/92 and 9/3/92, as written. CONSENT AGENDA A. Occupational License Taxes Collected Durinct the Month of August. 1992 The Board reviewed the following memo dated 9/1/92: TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: September 1, 1992 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $1,083.46 was collected in occupational license taxes during the month of August, representing the issuance of 107 licenses. i Gene E. Morris, Tax Collector ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) accepted the Occupational License Taxes report for taxes collected during the month of August, 1992. 3 BOOK 87 PAGE 414 IS g BOOK 87 PAGE 475 B. Award of Bid #30081Steel Corrugated Pipe - Annual Contract The Board reviewed the following memo dated 8/25/92: DATE: August 25, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County -Administrator H.T. "Sonny" Dean, Director Department of General Servic 4o FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #3008/Steel Corrugated Pipe County Wide Annual Contracts BACKGROUNDINFORMATION: Bid Opening Date: August 17, 1992 Advertising Dates: August 3, 10, 1992 Specifications Mailed to: Twelve (12) Replies: Two (2) Vendors No Bids: Four (4) Vendors BID TABULATION Gator Culvert Lantana, FL Southern Culvert Ft Pierce, FL RECOMMENDATION TOTAL LUMP SUM SEE ATTACHED TAB SHEET Staff recommends the award of an Open End Contract to Gator Culvert, with an estimated value of $20,000.00 per year. Also, authorize the Purchasing Manager to renew the Contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. The initial period shall begin on the date of award. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) awarded Bid #3008 to Gator Culvert as an open end contract for corrugated pipe, as set out in staff's recommendation. 4 r rrr C. Release of Utility Liens The Board reviewed the following memo dated 8/28/92: TO: Board of County Commissioners "L : FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 28, 1992 RE: CONSENT AGENDA - BCC MEETING 9/8/92 RELEASE OF UTILITY LIENS r The following lien -related documents are prepared in proper form for the Board to authorize the Chairman to sign them: 1. Release of Special Assessment Liens from 12th Street Water Project in the names of: BAKAKIS DiSALVO FLECKENSTEIN JACK LAVANDER MATTEK SCRIBERRAS TAHANEY CARLETTINI DOOLITTLE HAUX LARDER LEMAY PFLEIDERER SOTER WILKLOW 2. Release of Special Assessment Liens from Phase I Water Project in the names of : APPLEYARD BURK ISOLA LEDFORD PIKE 3. Release of Special Assessment Lien from Rockridge Sewer Project in the name of : McNAMARA 4. Satisfaction of Impact Fee Extension Liens in the names of : HUDSON (SMITH) KMETZ PINTO RILEY 5. Partial Release of North County Sewer Project Special Assessment Lien in the name of: SEBASTIAN GENERAL PARTNERSHIP, BFT ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the lien - related documents as listed above. SAID SATISFACTIONS AND RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 5 SEP - 8 1992 BOOK 8 7. PAGE 476 � _ r I vr�Y e f� J BOOK 87 PACE 47 1 D. Cancelling Taxes on Right -of -Way Acquisition The Board reviewed the following memo dated 8/31/92: TO: BOARD OF COUNTY COMMISSIONERS Aka, P. 44tkQVL/ FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 31, 1992 RE: CANCELLING TAXES ON R/W ACQUISITION G The County has recently acquired some 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 then forward to the Tax Collector a certified copy of the attached resolutions cancelling the taxes due upon lands the County recently acquired for right of way. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolutions 92-158, 92-159, and 92-160, cancelling certain delinquent taxes upon publicly -owned lands pursuant to Section 196.28, Florida Statutes, and authorized the Chairman to sign and forward to the Tax Collector certified copies of the resolutions. 6 RF90/Vk•1 Re: Carter Road (SW 1st St.) R/W 8/'d7/92(le.wal)31 Parcel #17-33-39-00001-0140-00003.0 KILLAM . � F RESOLUTION NO. 92_1_5$ 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 943, Page 0397, 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. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as 'follows: Chairman Carolyn K. Eggert Absent 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 8 day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: s a ' Jeffrey K. Bar on, Clerk -&-j a -e�� 00-e. Grp m fj 10f)I 1 : J By Carolyn . Eggert �- CRIa BOOK 87 PAGE 478 Re: Carter Road (SW 1st St.) R/W Parcel #17-33-39-00001-0140-00004.0 FOREST ACRES, INC. BOOK 8/31/92(1egal) R E80/V1c. 32 RESOLUTION NO. 92- 159 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. 87 PACE4 d 9 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 Uu< <._� k'= --.-,-__- 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 944, Page 0651, 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. The resolution was moved for adoption by Commissioner Scurlock., and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent 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 8 day of September , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: OP By fK'r Carolyn Eggert Jef r. Barton, Clerk C firman 8 0 A/31/92(1®gal)REsO/V1c Re: Carter Road (SW 1st St.) R/W .32 Parcel #17-33-39-00001-0140-00001.0 GEORGE SIDNEY STINSON ET UX RESOLUTION NO. 92- i fi n 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 944, Page 0653, 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. The resolution was moved for adoption by Commissioner Scurlock, and the motion was seconded by Commissioner B i r d , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent 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 8 day of September , 1992. BOARD OF COUNTY COMMISSIONERS ..... INDIAN RIVER COUNTY, FLORIDA Attest: f By Carolyn/K. Eggert J ffrGKairman 9 BOOK 87 PAGE 48® BOOK E Annual Recycling/Education Grant Funding from FDER - Solid Waste The Board reviewed the following memo dated 8/14/92: DATE: AUGUST 14, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO, DIRECTOR --- SOLID WASTE DISPOSAL DISTRICT 87 PAGE 481 FROM: SAM ROHLFING, RECYCLING COORDINATOR SOLID WASTE DISPOSAL DISTRICT SUBJECT: ANNUAL RECYCLING/EDTYC'ATION GRANT FUNDIN FROM FDER BACKGROUND In order to receive annual recycling/education grant funding from the Florida Department of Environmental Regulation, Indian River County is required to submit a grant application. Part I has already been submitted to the FDER as required. Part II,- which includes. an extensive narrative and several statistical tables, must be received by FDER no later than October 1, 1992. Part II also serves as an annual recycling report that must be submitted to the DER pursuant to Section 403.706(7) Florida Statutes. CONCLUSION The Solid Waste Disposal District Recycling Coordinator has completed Part II of the application package for the 92-93 grant year and herewith submits it to the Board of County Commissions for perusal and approval. Upon approval, SWDD will forward the grant package and required copies to the FDER in Tallahassee. RECOMMENDATION SWDD staff recommends that the Board approve said grant application package and that the chairman sign the attached document in order that the process may be concluded within the required time period. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the grant application package, as recommended by staff. COPY OF GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 i F Underwriter Selection for Refinancing the Refunding and Improvement Revenue Bonds, Series 1985, $9,855,000, and the Capital Improvement Revenue Bonds, Series 1987, $3,655,000 The Board reviewed the following memo dated 9/2/92: TO: Members of the Board of County Commissioners DATE: September 2, 1992 SUBJECT: UNDERWRITER SELECTION FOR REFINANCING THE REFUNDING - _ AND IMPROVEMENT REVENUE BONDS, SERIES 1985 - $99,8553,000 r AND THE CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1987 - $3,655,000 - CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS On January 22, 1991 the Board of County Commissioners established a short list of four companies to be used whenever underwriting services were required: A. G. Edwards Raymond James Prudential-Bache William R. Hough & Company The selection committee consisting of James E. Chandler, County Administrator, Charles Vituanc, County Attorney, Joseph A. Baird, OMB Director and Art Diamond, Financial Advisor, reviewed the proposals and unanimously concluded that William R. Hough was the best candidate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve William R. Hough & Company as underwriter for Refinancing the County's $9,855,000 Refunding and Improvement Revenue Bonds, Series 1985 and the County's $3,655,000 Capital Improvement Revenue Bonds, Series 1987. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved William R. Hough & Co. as underwriter for refinancing the County's $9,855,000 Refunding and Improvement Revenue Bonds, Series 1985 and the County's $3,655,000 Capital Improvement Revenue Bonds, Series 1987. 11 BOOK 87 PAGE 482 '03 BOOK 87 PAGE 48 3 G. Evaluate Refinancing Utility Debt- The ebtThe Board reviewed the following memo dated 9/2/92: OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 2, 1992 SUBJECT: EVALUATE REFINANCING UTILITY DEBT CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS Staff would like to evaluate refinancing the County Utilities Department outstanding debt. The evaluation will take into consideration Utility projects that need to be financed in the near future. RECOMMENDATION Staff is requesting permission to have our Financial Adviser send negotiated bond sale proposals to the four short listed firms previously approved by the Board of County Commissioners. A. G. Edwards Raymond James Prudential-Bache William R. Hough & Company ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) authorized the County's Financial Adviser to send negotiated bond sale proposals to the four short listed firms listed in the above staff recommendation. H Approval of Bond for John W. Tigpin, County Commissioner, District 4 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the Bond for John W. Tippin, County Commissioner, appointed by the Governor to fill vacant District 4 seat. COPY OF BOND IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12 PUBLIC HEARING - RESOLUTION CONFIRMING SPECIAL ASSESSMENTS ON WATER SERVICE - GLENDALE LAKES SUBDIVISION (Continued from meetings of 8118192 and 9/1/92) The hour of 9:05 o'clock A.M. having passed, the County Attorney advised that because this Public Hearing is continued from the meeting of September 1, 1992, readvertisement of public notice is not required. The Board reviewed the following memo dated 9/1/92: DATE: SEPTEMBER 1, 1992 TO: JAMES E. CHANDLER _ COUNTY ADMINISTRATOR, FROM: TERRANCE G. PINTOS f'J DIRECTOR OF UTILIT� RVICES PREPARED JAMES D. CHAS AND STAFFED MANAGER OF A T PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: CONTINUED HEARING GLENDALE LAKES SUBDIVISION AND NEIGHBORING PROPERTIES INDIAN RIVER COUNTY PROJECT NO. UW -92 -11 -DS BACKGROUND The continued public hearing for the above -referenced project was continued on September 1, 1992, and it was again rescheduled for September 8, 1992 at Mr. Earman's request. Mr. Gallagher also requested his property to be assessed be reduced to 150 feet x 365 feet. ANALYSIS The adjustment of Mr. Gallagher's assessment is a reduction from 2 acres/87,120 square feet to 54,750 square feet/1.26 acres, and Exhibit I reflects the effect of the reduction in the assessment. We have analyzed the properties to be assessed with adjustments based on information provided at the public hearing and recommend approval of the assessments as described in the attached exhibit. The total project assessment is: The net square footage to be assessed: The net cost per square foot: 13 $176,219.75 1,223,126 $ 0.144073 BOOK 87 PAGE 485 Utilities Director Terry Pinto advised that they have met with the property owners and have made some adjustments. An adjustment was made in Mr. Gallagher's assessment based on the uniqueness of his property in the way it is shaped and how far it is set back from the road. Another adjustment was made on Mr. Earman's property based on the arrangement of the lakes. Staff feels that the assessment roll being presented today is fair and equitable. Vice Chairman Bowman opened the Public Hearing and asked if anyone wished to be heard in this matter. Fred Gallagher stated that he accepted his assessment, but didn't agree with the legal description. However, he did not intend to argue about 800 feet. John Szewczyk, 940 45th Avenue, urged the Board to approve this assessment roll so that the project can proceed and they can receive County water. He felt that this has been delayed long enough. There being no others who wished to be heard, Vice Chairman Bowman closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) adopted Resolution 92-161, confirming the special assessments in connection with water service to Glendale Lakes Subdivision. RESOLUTION NO. 92- 1 6 1 z r- C-- �Mrnnm A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, z � p CONFIRMING THE SPECIAL ASSESSMENTS IN < o m CONNECTION WITH WATER SERVICE TO GLENDALE c ?< < ffin LAKES SUBDIVISION (NORTH OF 8TH STREET TO � -4 y 10TH STREET) AND PROVIDING FOR SPECIAL o ASSESSMENT LIENS TO BE MADE OF RECORD. -n C z > -4 WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-106, adopted July 21, 1992, determined to make special assessments against certain properties in Glendale Lakes Subdivision (North of 8th Street to 10th Street) to be serviced a water main extension of the County; and 14 v Cil CA3 Cil CD v RESOLUTION NO. 92- 1 WHEREAS, said resolution described the manner in which said ; niOi special assessments shall be made and how said special assessments at'e � .y to be paid; and WHEREAS, the resolution was published on July 27, 1992, as o, required by Section 11-52, Indian River County Code; and o Cn WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-107, on July 21, 1992, which set a time and place for a public hearing at which the .owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-53, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Tuesday, July 28, 1962, and Tuesday, August 4, 1992 (twice one week apart; the last being -,at least one week prior to the hearing), as required by Section 11-52, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, August 18, 1992, at 9:05 a.m. held a pudic hearing with regard to the special assessments, at that time the public 0 � hearing was continued until Tuesday, September 1, 1992, at which time �O the public hearing was continued once again until Tuesday, September Ql -� G C7 8, 1992, co v -`..1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, binding first liens against the properties assessed until paid full. 15 F P - � q? BOOK 87 ME 486 rsEP 6 ,` BOOK 87 pAcE487 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District #4 Commission Seat is Vacant The Chairman thereupon declared the resolution duly passed and adopted this 8th day of September, 1992. Jeffrey' 'Brton, Clerk BOARD: OF COUNTY COMMISSIONERS INDIAN IVER COUNTY, FLORIDA By Cha/'ma'n ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REQUEST FOR PARTIAL RELEASE OF WETLAND CONSERVATION EASEMENT — WOODBRIDGE ESTATES SUBDIVISION The Board reviewed the following memo dated 9/1/92: TO: James Chandler County Administrator DATE: DEPARTMENT HEAD CONCURRENCE:. t Robert M. eats g, P Community Devel��o►pme Director FROM: Roland DeBloisl'--AICP Chief, Environmental Planning RE: Request for Partial Release of Wetland Conservation Easement in Woodbridge Estates Subdivision August 27, 1992 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 8, 1992. 16 DESCRIPTION AND CONDITIONS: County environmental planning staff have received a wetland resource permit application from Archer of Vero Beach, Inc., to enhance a 1/2 acre isolated wetland in Woodbridge Estates Subdivision (located south of 8th Street, east of 43rd Avenue). When Woodbridge Estates was platted in 1989, a condition of county approval was the recording of a conservation easement over a preserved wetland. The conservation easement prohibits dredging or filling of the wetland, unless the owner receives permission from appropriate governmental agencies. This matter is being presented to the Board for authorization of a partial release of the recorded conservation easement, to allow the wetland enhancement project to occur. ALTERNATIVES & ANALYSIS: The enhancement entails the removal of cattails and exotic species and deepening the marginal wetland to create a shallow pond with littoral zone plantings. The proposed wetland enhancement project has already been approved by the St. Johns River Water Management District. The project qualifies for a nationwide permit under Army Corps of Engineers guidelines. County environmental planning staff have reviewed the proposal in accordance with county wetland resource protection regulations, and find that the project would enhance existing environmental conditions. RECOMMENDATION: Staff recommends that the Board approve the attached Resolution authorizing a partial release of the Woodbridge Estates conservation easement recorded in Official Record book 856, page 0614, to allow the proposed wetland enhancement project. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board approve staff's recommendation and adopt Resolution 92-162, releasing certain prohibitions of a conservation easement made by Woodbridge Development Company to Indian River County. Under discussion, Vice Chairman Bowman commented that it is a nice plan and she would like to know the designer's name. She just had one bone to pick here and that is the cypress mulch. She cautioned that if we don't stop chopping up cypress just to use for mulch, we are not going to have any cypress left. There are other mulches that will do the job just as well, and she asked that staff carry that message back to the people who are going to do the project. 17 600K 87 PAGE 488 SEP - `992 F BOOK 87 PAGE 489 Roland DeBlois, Chief of Environmental Planning, advised that Mosby and Associates are doing the work. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (3-0, Chairman Eggert being absent). RESOLUTION NO. 92- 16 2 A RESOLUTION OF THE BOARD OF COUNTY o r c- c �i OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN PROHIBITIONS OF M m z 0 A CONSERVATION EASEMENT MADE BY 5 WOODBRIDGE DEVELOPMENT COMPANY TO INDIAN IN OFFICIAL m n ?� < D M C GJ Ca RIVER COUNTY, AND RECORDED RECORD BOOK 856, PAGES 0614-0616, PUBLIC -4 a � � � RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Zv J coco -� WHEREAS, Woodbridge Development Company, a Florida joint venture between Archer of Vero Beach, Inc., a Florida corporation and Wildwood Properties, Inc., a Florida corporation, dedicated certain conservation easements to Indian River County by instrument recorded in Official Record Book 856, Pages 0614-0616, Public Records of Indian River County, Florida, and WHEREAS, Woodbridge Development Company is desirous of making certain wetland improvements to the conservation estate which improvements can only be accomplished if prohibitions under recorded instrument are partially lifted, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. In consideration of the benefits to the conservation estate from certain wetland improvements, the following prohibitions over the property more particularly described as Tract 'A' on the plat of Woodbridge Estates Subdivision as recorded in Plat Book 13, Pages 24 and 24A, Public Records of Indian River County, Florida, are lifted to the extent necessary to enhance wetland properties and construct a wooden dock: 18 W A N W' -v r z E5 0 Im" RESOLUTION NO. 92--U2 "(a) Construction or placing of ... structures on or above o the ground ... . " C) "(b) Dumping or placing of soil or other substance or material as landfill ... ." "(d) Excavation, dredging, or removal of loam, peat, gravel, � soil, rock, or other material substance in such manner as to 0 affect the surface." —J 2. The Clerk of the Circuit Court is directed to record a Ln certified copy of this Resolution in the Public Records of Indian River County, Florida. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bird and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Absent 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 _0_ day of S P,n t p m h p r 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST;, Je Qj qFP ® R M1 By: Carolyn K/ Eggert, airman i C Indi2n siva Ca APProved Date Admin. f i �^ r Legal Z Budget Dept. Risk Mgr. 19 BOOK 87 PAGE 490 F Fr-_ BOOK 87 PAGE 491 SCHEDULING OF SECOND MEETING ON LAND DEVELOPMENT REGULATIONS Community Development Director Robert Keating advised that because the preliminary LDR meeting of September 3, 1992 was postponed and rescheduled for September 17, 1992, we need to reschedule the second LDR meeting. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) rescheduled the second LDR meeting for Tuesday, September 29, 1992 at 5:01 o'clock P.M. AMENDMENT TO LEASES #3400 AND #3503 - TREASURE SHORES PARR The Board reviewed the following memo dated 8/25/92: TO: James E. Chandler, County Administrator THROUGH: James -W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E.F:.<K Capital Projects Manager SUBJECT: Amendment to Lease Nos. 3400 and 3503 Treasure Shores Park DATE: August 25, 1992 FILE: lease.agn DESCRIPTION AND CONDITIONS The Land Management Advisory Council (LMAC) met on May -3, 1992 and voted to deny approval of the Treasure Shores Park mai agement plan. LMAC further recommended that the County work with the United States Fish and Wildlife Service to develop a management plan for the site. LMAC felt coordination with Fish and Wildlife was necessary due to the location of the property within the boundary of the proposed Archie Carr National Wildlife Refuge and the presence of the southeastern beach mouse which is federally listed as threatened under the Endangered Species Act. Due to the delay in obtaining an approved management plan, staff requested that the Florida Department of Natural Resources delete the five year development time frame contained in Lease Nos. 3400 and 3503. The attached amendments modify Paragraph 8 of each sublease agreement between the Board of Trustees and Indian River County to delete the five-year development time frame in which the County is required to make site improvements. RECOMMENDATIONS Staff recommends that the Board authorize the Chairman to sign the attached amendments. 41] J ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the amendments to Lease No. 3400 and Lease No. 3503, as recommended by staff. Commissioner Bird felt we should go ahead and try to get an extension on the leases, but he was still appalled at the U.S. Fish & Wildlife Service's adamancy that the park cannot be developed in harmony with the southeastern beach mouse and man. He felt, however, that we need to extend these leases in order to buy ourselves some time to decide how we are going to proceed further in perhaps challenging their opinion on the development of these parks. Vice Chairman Bowman reminded Commissioner Bird of the saying that if you are going to tinker with the environment, you better be sure to save the small pieces. That is what the beach mouse is, a small piece of a complete ecosystem. AMENDMENTS TO LEASES WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED SANDRIDGE GOLF CLUB SECOND "18" - CHANGE ORDER NO. 2 - ADDITIONAL SODDING The Board reviewed the following memo dated 8/28/92: TO: T LOUGH: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E. Public Works Directo c? Terry B. Thompson, P-1 5r Capital Projects Manager 1 Sandridge Golf Club- Second .".18" Change Order No. 2 August 28, 1992 DESCRIPTION AND CONDITIONS The contract between Indian River County and Guettler and Sons, Inc. for the construction of the Sandridge Golf Club Second 1#18" requires that the County assume all post -planting maintenance. The construction budget for Sandridge contains a $150,000 line item for the cost to the County for "growing -in" the grass sprigs and sod. 21 FSE, BOOK 87 PAGE 492 A SEP - 3 1992 BOOK 87 PACE 493 Bob Komarinetz is recommending that $31,250 of the "growing -in" budget be used to place 125,000 square feet of sod on slopped areas that are subject to erosion. This cost will be off set by reducing the amount of money that would be spent on repairing erosion caused by rain and heavy irrigation during "grow in". The additional sod will also help insure that the golf course opens on the December 5th target date. RECOMMMATIONS AND FUNDING Staff recommends that the Board approve Change Order No. 2 in the amount of $31,250. This would result in a revised contract amount of $1,984,484.12. Funding is from Account #418-000-169-018.00. Commissioner Scurlock asked if we had budgeted the money to do this, and Golf Director Bob Komarinetz advised that money to do this would be taken out of the "grow -in". We have $150,000 earmarked specifically for the "grow -in" of the golf course. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (3-0, Chairman Eggert being absent) approved Change Order No. 2 with Guettler & Sons, Inc. in the amount of $31,250, as set out in the above staff recommendation. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SANDRIDGE CLUBHOUSE, RAINSHELTERS AND MAINTENANCE BUILDINGS - CHANGE ORDER NO. 3 The Board reviewed the following memo dated 9/2/92: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Sandridge Golf Course C bhouse, Rainshelters and Maintenance Buildings - CHANGE ORDER NO. 3 County Project No. 9105 DATE: September 2, 1992 FILE: sandco3.agn DESCRIPTION AND CONDITIONS Attached is Change Order No. 3 to the Sandridge Golf Course Clubhouse, Rainshelters and Maintenance Buildings Contract with 22 the Contractor, Barth Construction, Inc. This contract had an original contract price of $709,725.00, previous change orders has increased that amount to $740,856.64. This change order is in the amount of $20,516.36, bringing the new contract price to $761,373.00. No additional days were added. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative No. 1 Items #1, 2, 3, 5, 6, 7b, 7d, 7e, 7f, 7g, and 7h are, in staff's opinion, necessary to construct secure, functioning facilities. Item #4, 7a, and 7c are recommended but the facility could operate without these items being constructed. Staff recommends approval of Change Order No. 3 to the Sandridge Golf Course Contract and authorize the Chairman to sign. Alternative No. 2 Not approve the Change Order. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1, that Change Order No. 3 be approved and the Chairman be authorized to execute the Change Order on behalf of the Board of County Commissioners. Funding to be from Account No. 418-000-169-008.00. Commissioner Scurlock understood that basically these change orders amount to almost 10% of the contract price, and Director Komarinetz stated that is correct. Commissioner Bird asked how Commissioner Scurlock arrived at that figure, and Commissioner Scurlock explained that $709,000 was the original bid and now we are at $761,000, which is 90. Administrator Chandler advised that the change orders amount to around $51,000, which is a little less than 10%. On the course itself, we are about 2%, but we are about $60,000 below budget on the overall project. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (3-0, Chairman Eggert being absent) approved Alternate #1 for approval of Change Order No. 3, as set out in the above staff recommendation. CHANGE ORDER #3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 23 FP - 07 boa 87 PAc[ 494 BOOK 87 PAGE 495 ACQUISITION OF RIGHT-OF-WAY FOR 14TH STREET FROM SOUTHGATE VILLAGE MOBILE HOME PARR The Board reviewed the following memo dated 9/2/92: TO: Board of County Commissioners FROM: �C� William G. Collins II - Deputy County Attorney DATE: September 2, 1992 -- SUBJECT: Acquisition of Right -of -Way for 14th Street from Southgate Village Mobile Home Park BACKGROUND: On February 4, 1992 the Board of County Commissioners approved acquisition of a 25 -foot wide by 210 -foot long parcel of land from Southgate Village Mobile Home Park, George Collins, Trustee, pursuant to recommendation by the Public Works Department. The action taken was as follows: 1. Authorize purchase of the 25 -foot by 210 -foot strip for a cost not to exceed $11,860.75 or $2.26 per square foot, and 2. Authorize wall construction by owner before County road construction begins. Cost of wall construction on owner's property at owner's expense, and 3. Property owner not to be assessed for road construction. SUBSEQUENT DEVELOPMENTS: When the Public Works Department delivered the deed to Mr. Collins for execution, he responded that as a further condition of the sale Southgate Village Mobile Home Park wished a 3 -foot by 10 -foot easement for construction of the wall to the west of their property line to tie into their existing fence. The existing fence apparently encroaches by 3 feet into right-of-way which the County acquired from the Estate of Grace LaCava north of the Home & Patio property. They also request, as a condition of selling the right-of-way the. authorization to fence an existing easement approximately 10 feet by 10 feet east of the Southgate property line, lining up with the edge of the existing asphalt road between the LaCava home and the Southgate mobile home. RECOMMENDATION: 1. Authorize the Chairman to execute a quit -claim deed for a 3 -foot by 10 -foot or a 30 -square -foot area at the. northwest corner of the Southgate Village Mobile Home Park in consideration of a credit of $67.80 against the purchase price of 14th Street right-of-way from the mobile home park. 2. Authorize the Chairman to execute an easement allowing Southgate Village Mobile Home Park to install a fence 10 feet east of their east property line to enclose the existing right-of-way easement which they share in common with the LaCavas . 24 r ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (3-0, Chairman Eggert being absent) approved the quit- claim deed and the easement as set out in the above staff recommendation. Public Works Director Jim Davis advised that the next step would be to develop a special assessment project to clean up the paving of the road. The Council on Aging and a lot of other non- residential facilities are on the road and the road is currently somewhat hazardous. We did improve the western 600 feet 7 or 8 years ago, but he felt we need to have an improvement program to improve the rest of the road. Commissioner Scurlock raised the question.of whether access should be allowed onto U.S. #1, and'he hoped vie give that a great deal of thought. COPY OF QUIT -CLAIM DEED AND EASEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ELM'S III - (ENVIRONMENTAL LAND MANAGEMENT III) This item was deferred until Chairman Eggert could be here to present the matter. DISCUSSION REGARDING PUTTING PROCLAMATIONS ON THE AGENDA Vice Chairman Bowman wished to discuss the presentation of proclamations at BCC meetings, and Commissioner Scurlock suggested that this be discussed when the new Commissioners are seated. There being no further business, on motion duly made, seconded and carried, the Board adjourned at 9:35 o'clock A.M. ATTEST: 2 - nn . Barton, Clerk Margare C. Bowman, Vice Chairman Fk1 L_ SFP - R, 190-) BOOK 87 PAGE 496 I BOOK 87 PAGE 497