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HomeMy WebLinkAbout11/3/1992BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, NOVEMBER 3, 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) John W. Tippin ( Dist. 4) Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rev. Richard D. Clark Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE - James E. Chandler 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS As Item 13B - Discussion of a quit claim deed for Pelic-an..Pointe Corp. to correct a survey error. S. PROCLAMATION AND PRESENTATIONS Adoption and Presentation of Proclamation Designating November 7, 1992 as Children's Art Festival Day in Indian River County, Florida 6. APPROVAL OF MINUTES Regular Meeting of 8/25/92 7. CONSENT AGENDA A. Indian River Farms Water Control District - Minutes of Board of Supervisors Meetings Beginning Oct. 1991 thru Sept. 1992 B. Clerk of Circuit Court -Statement of Revenues, Expenditures and Change in Fund Balance -- - Budget and Actual - for Fiscal Year Ending September 30, 1992 C. Vero Lakes Water Control District - Budget, Year Ending September 30, 1992 D. Vero Lakes Water Control District - Letter from Clem, Polackwich S Vocelle Regarding Name of Registered Agent for 1992-93 NOV 3 1992 mor, 8 " F., ,��� r-wov 1992 BOOK 7. CONSENT AGENDA (cont'd. ): E. Release of Easement Request By: Joseph J. King, Jr. Lots 11, 12 6 13, Block G, Oslo Park S/D, Unit 3 ( memorandum dated October 20, 1992 ) F. Indian River County Courthouse Project Asbestos Abatement - Final Payment ( memorandum dated October 26, 1992 ) G. Request for Floodplain Cut and Fill Balance Waiver for Round Island Park ( memorandum dated October 23, 1992 ) H. Additional R -O -W; 58th Ave., Living Lord Lutheran Church ( memorandum dated October 23, 1992 ) I. Release of Utility Liens ( memorandum dated October 22, 1992 ) J. Proposed Ordinance Entitled: AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE WHIS- PERING PINE STREET LIGHTING DISTRICT, Request for Public Hearing Date ( memorandum dated 21, 1992 ) K. Cancelling Taxes on R/W Acquisition ( memorandum dated October 26, 1992 ) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS Rousseau River Shores - Wastewater Collection System - Resolution III ( memorandum dated October 14, 1992 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Inez Workman Public Nuisance; Assessment for Abatement of Nuisance at 2048 42nd Place, Vero Beach, FL ( memorandum dated October 14, 1992 ) M B. EMERGENCY SERVICES None 87 PAGE 9:32 M 11. DEPARTMENTAL MATTERS (cont'd.1: ``-C. GENERAL SERVICES Felismere Library Lease ( memorandum dated October 26, 1992 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. CR510 Wabasso Causeway Bridge Repairs Bridge No. 880053 - Final Pay Request Tom Quinn Co., Inc. ( memorandum dated October 26, 1992 ) 2. Donation of R -O -W Agreement Addendum - Indian River Boulevard Phase IV ( memorandum dated October 27, 1992 ) 3. FDOT RR Reimbursement Agreement for New Signals at FECRR 41st St. (S. Giff. Rd.) ( memorandum dated October 27, 1992) , 4. 6th Ave. Improvements @ 20th PI., Twin Pairs - Ranger Construction Industries, Inc., Change Order No. 1 ( memorandum dated October 22, 1992 ) H. UTILITIES 1. Squire Village Mobile Home Park Wastewater Treatment Plant Abandonment ( memorandum dated October 26, 1992 ) 2. No. Co. Schools, County Rt. 512 Sewer Force Main I, Assoc. Lift Station, Proposed Change Order No. 1 ( memorandum dated October 26, 1992 ) 3. The Meadows Water Main Extension - Change Order No. 1 and Final Pay Request ( memorandum dated October 23, 1992 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT 1. P E Z Appointment, District 2 ( memorandum dated October 26, 1992 ) 2. Support of Two Bills to be Brought Before the Upcoming Legislative Session ( letter dated October 16, 1992 ) BOOK 87 ixbE 93 3 1992 Boa 87 ir?U 034 13. COMMISSIONERS ITEMS (cont'd. ): —B: VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK, JR. E. COMMISSIONER JOHN W. TIPPIN 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT Standardization of EMS Advanced Life Support Emergency Transport Vehicles; Waiver of Bids and Purchase of Two Vehicles from National Ambulance Builders, Inc. ( memorandum dated October 22, 1992 ) B. 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 IfJ ADVANCE OF MEETING. r Tuesday, November 3, 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, November 3, 1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Don C. Scurlock, Jr.; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Deputy Clerks Barbara Bonnah and Diane Albin. The Chairman called the meeting to order, and Administrator Chandler led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Vice Chairman Bowman requested the addition of a discussion of a quit claim deed for Pelican Pointe Corp. to correct a survey error. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously added the above item. L- NOV 3 A92 BOOK 7 FAGS 93 B,m.. 8 PROCLAMATIONS AND PRESENTATIONS Proclamation Designating November 7 1992 as Children's Art Festival Day in Indian River County, Florida: Chairman Eggert read aloud the following Proclamation: 0 P R O C L A M A T I O N DESIGNATING NOVEMBER 7, 1.992 AS CRII•DRE W S ART FESTIVAL DAY IN INDIAN RIVER. COUNTY, FLORIDA WHEREAS, on November 7, 1992, the Children's Art Festival, sponsored by the Center for the Arts, will celebrate its 12th anniversary= and WHEREAS, the theme for this year's festival will be "pARTicipation." This event pzovides the opportunity for hands-on art experiences for young people of a;l ages, preschoolers through teens. The entire family can enjoy the student art displays, entertainment, music and food available throughout the day= and WHEREAS, the reason the Children's Art Festival came into , existence was. because there was a concern by those involved in establishing a Center .for the Arts that the youth of the area were underexposed and given limited opportunities to participate in visual arts activities. Since the inception of the Children's Art Festival twelve years ago, art instruction in the school systems, both public and private, has increased significantly making art -and humanities awareness an enriching part of the lives of the young people in our community: NOW, THEREFORE:, BE 1T PROCLAIMED BY THE BOARD OF COUNTY COP1MISSIONRRS OF INDIAN RIVER COUNTY, FLORIDA that November 7, 1992 be designated as CHILDREN'S ART FESTIVAL DAY in Indian River County, and the Board expresses its appreciation to the many hard working volunteers for instituting and continuing this fine program for the youth in our community. Adopted this 3 day of November,t1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carol y R: F gg�*bhiairman E ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Tippin, the Board unanimously adopted Proclamation Designating November 7, 1992 as Children's Art Festival Day in Indian River County. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 25, 1992. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board approved the Minutes of the Regular Meeting of August 25, 1992 as written. CONSENT AGENDA Reports The following were received and placed on file in the Office of Clerk to the Board: A. Indian River Farms Water Control District - Minutes of Board of Supervisors Meetings Beginning October__ 1991 through September 1992. B. Clerk of Circuit Court - Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - for Fiscal Year Ending September 30, 1992. C. Vero Lakes Water Control District - Budget, Year Ending September 30, 1992. D. Vero Lakes Water Control District - Letter from Clem, Polackwich & Vocelle Regarding Name of Registered Agent for 1992-93. E. Release of Easement Reauest By Joseph J King Jr Oslo Park S/D, Unit 3 The Board reviewed the following memo dated October 20, 1992: 3 N O V 3 1992 BOOK 87 PAGE 93 7 L -..,A 3 J992 &UA C) e rAGE TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: ert Beating 1 Community Develop ent 61rector THROUGH: Roland M. DeBlois,,AAIICP Chief, Environmental Planning & Code Enforcement FROM: Charles W. Heath Code Enforcement Officer DATE: October 20, 1992 SUBJECT: RELEASE OF EASEMENT REQUEST BY: Joseph J. Ring, Jr. Lots 11, 12 & 13, Block G, Oslo Park Subdivision Unit 3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 3, 1992. DESCRIPTION AND CONDITIONS: The County has been petitioned by Joseph J. Ring, Jr., owner of the subject property, for the release of the common five (5) foot utility and drainage easements of Lots 11, 12, & 13, Block G, Oslo Park Subdivision Unit No. 3. It is the petitioner's intention to construct an attached garage addition, and conform to present building setback requirements for the existing single-family residence. The current zoning classification of the subject property is RS -61 Single -Family Residential District. The Land Use Designation is L- 2, allowing up to six (6) per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power and Light Company, United Artist Cable Corporation, the Indian River County Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews, there would be no adverse impact being supplied to the property. RECOMMENDATION: Staff recommends that the Board, through the adoption of a resolution, release the common five (5) foot side lot utility and drainage easements of Lots .il, 12 & 13, Block G, Oslo Park Subdivision Unit No. 3, being the easterly five (5) feet of Lot 11, the westerly and easterly five. (5) feet of Lot 12, and the westerly five (5) feet of Lot 13, according to the plat thereof as recorded in Plat Book 4, Page 19, of the Public Records of Indian River County, Florida. 4 � ® r and ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-192, abandoning certain easements in the Oslo Park Subdivision, Lots 11, 12 and 13, Block G, as recommended by Staff. RESOLUTION NO. 92-192 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ABANDONING CERTAIN EASEMENTS IN THE OSLO PARR SUBDIVISION UNIT NO. 3, LOTS 11, 12 & 13, BLOCK G, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 19 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, Indian River County has easements as described below, WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Joseph J. King, Jr., Grantee, his successors, in interest, heirs and assigns, whose mailing address is P.O. Box 650463, Vero Beach, Florida 32965-0463, as follow: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: the common five (5) side lot utility and drainage easements of Lots 11, 12 & 13, Block G, Oslo Park Subdivision Unit No. 3, being the easterly five (5) feet of Lot 11, and the easterly and the westerly five (5) feet of Lot 12, and the westerly five (5) feet of Lot 13, according to the plat thereof as recorded in Plat Book 4, Page 19 of the Public Records of Indian River County, Florida. 5 BOOK. 5`;;� NOV 3 1992 POR RESOLUTION NO. 92-192 THIS RESOLUTION was moved for adoption by Commissioner Scurlock , seconded by Commissioner Bowman , and adopted on the 3 day of November , 1992, by the following vote: Commissioner Carolyn K. Eggert Afire_ Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. A e Commissioner John Tippin The Chairman declared the resolution duly passed and adopted this 3 day of November , 1992. BOARD OF COUNTY, COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA% .By C�'�.t.vt Carol K. Eg t F. Indian River County Courthouse Project - Asbestos Abatement Final Payment The Board reviewed the following memo dated October'26, 1992: DATE: OCTOBER 26, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU : " JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SEAVI SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT ASBESTOS ABATEMENT - FINAL PAYMENT BACKGROUND: In March of this year, Kimmins Abatement Inc., removed all asbestos that was within buildings on the new Courthouse Project site. Due to the liability involved, Centex Rooney recommended we not remit the ..final payment until the contractor had obtained lien releases from all subcontractors. ANALYSIS On Friday, October 23rd, this office received a copy of all lien releases along with a recommendation from Centex Rooney to make final payment. All the work has been.finished and Kimmins has satisfied his contract. RECOMMENDATIONS: Staff recommends the Board approve a final payment of $9,744.70 for this contract. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved final payment of $9,774.70 to Kimmins Abatement Inc., as recommended by staff. G. Request for Floodulain Cut and Fill Balance Waiver for Round Island Park The Board reviewed the following memo dated October 23, 1992: TO: James. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and /Roger D. Cain, P. County Engineer FROM: David B. Cox, P.EdgC. Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Round Island Park DATE: October 23, 1992 CONSENT AGENDA The Round Island Park Improvements Site Plan was approved by the Planning and Zoning Commission on October 22, 1992. The site is located on the west side of SR A -1-A one-third of a mile north of the St. Lucie County Line. The special flood hazard areas inundated by the 100 year flood on the site are Zone AE with base flood elevations of 5.0 feet and 6.0 feet. The ten year flood elevation given in the May 4, 1989 F.E.M.A. Flood Insurance Study is 2.7 feet N.G.V.D. The proposed flood plain displacement below 4.0 feet N.G.V.D. for which a waiver is being requested is 1,252 cubic yards. The projects meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being situated in an estuarine environment within the 100 year floodplain along the Indian River. The project consulting engineer has provided a certification stating all applicable Stormwater Management and Flood Protection Ordinance criteria will be met. The Indian River Mosquito Control District County Line Impoundment is adjacent to the site. In the attached letter, dated September 30, 1992, I.R.M.C.D. has stated they have reviewed the proposed drainage plan and have no objection to it. Approve the cut and fill balance waiver request Alternative No. 2 Deny the waiver request and require re -design to accomplish an on-site balance of cut.and fill. 7 �0� 31992 Bou 87 PAGUE941 NOV 31992 BOOK 87 PAGE942 -7 Staff recommends approval of Alternative No. 1. 0 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the request for floodplain cut and fill balance waiver for Round Island Park, as recommended by staff. H. Additional Right -of -Way, 58th Avenue Living Lord Lutheran Church The Board reviewed the following memo dated October 23, 1992: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: Donald G. Finney, SRA �•+•�-� County Right of Way Agent CONSENT A GEMD a SUBJECT: Additional Right -of -Way; 58th Avenue, Living Lord Luthern Church DATE: October 23, 1992 DESCRiPTiON A DNDMONe The church is dedicating five feet (5) of right -of --way on the proposed site plan and an additional thirty five feet (35) of right-of-way is needed on the west side of 58th Avenue north of 26th Street for the future widening improvements. Tye church purchased the property seven Years ago. The parcel is 35, x 331.25 or 11,593.75 square feet. The county offered to Purchase the right -of --way parcel at $.50 per square foot or $5,797, which was unacceptable. Tye county then offered to purchase at $.60 per square foot or $6,956, which was still unacceptable to the Church Board. The church agreed to sell the right -of --way for $.75 per square foot or $8,695.32. This figure appears reasonable for this property in close proximity to proposed commercial developments at the 58th Avenue and Route 60 intersection. Staff requests the Board accept the $8,695.32 contract and direct the Chairman to execute the , contract on the Board's behalf. 8 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously accepted the right-of-way contract with Living Lord Lutheran Church in the amount of $8,695.32, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Release of Utility Liens The Board reviewed the following memo dated October 22, 1992: TO: .3oard of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: October 22, 1992 RE: CONSENT AGENDA - BCC MEETING 11/03/92 RELEASE OF UTILITY LIENS The following lien -related documents are prepared in proper form for the Board to authorize the Chairman to sign them: I. Release of Special Assessment Lien from Anita Park in the name of : �•• 2. Release of Special Assessment Lien from Breezewood Park/ Sunnydale Acres in the name: NOWAK 3. Release of Special Assessment Lien from Glendale Terrace Water Project in the names of: DeWITT NAPIER 4. Release of Special Assessment Lien from Royal Poinciana Water Project in the name of: PATTERSON 5. Release of Special Assessment Lien from Phase I Water Project in the names of : CANTNER MOSHIER LEFT 0 NOV 3 1992 BOOK 87 FACE 943 r NOV 3 19,9 6. Release of Special Assessment Lien from 12th Street Water Project In the names of: MARTIN SMELTZER PRESSNER POJEDINEC CARTER WALKER FINNEY JOHNSON NEWMAN STURGIS KWASNIEWSKI McCALL MORALES, JR. PARKER NAPOLES COURTNEY REAMS POMPILIO CASSARA PERLICH TETTEMER TILLEY DISMUKES ATZENI SIGLE PAIGE GERMANO, SR. SCHOBERT POLLY GUSTAVES CURETON (2) PENDERS BROMILEY HELSETH DEMERS (2) MANDARA ALLU GRAY MONEY DOHMEN 9 JR. WATSON PETERSEN HUTCHINSON BROTHERS PETERSON, JR. WARR BLANCHARD D'AMORE BOLING BOOK ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the release of utility liens as listed above. RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 87 PIAGE 944 -1 J. Schedule_ Public Hearing to Consider Adopting an Ordinance of Indian River County, Florida Creating the Whisnering Pine Street Lighting District The Board reviewed the following memo dated October 21, 1992: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: October 21, 1992 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY CREATING THE WHISPERING PINE STREET LIGHTING DISTRICT. A public hearing date of December 8, 1992 is suggested. 10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously scheduled a public hearing on December 8, 1992 to consider adoption of an ordinance creating the Whispering Pine Street Lighting District, as recommended by staff. K. Cancelling Taxes on Right -of -Way Acquisition The Board reviewed the following memo dated October 26, 1992: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: October 26, 1992 RE: CANCELLING TAXES ON R/W ACQUISITION The County has recently acquired some land for right-of-way purposes, and, pursuant to section 196.289 Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any takes 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 Bowman, the Board unanimously adopted Resolutions 92-193, 92-194 and 92-195, cancelling certain taxes on publicly owned lands, as recommended by staff. 11 31992 BOOK 87 PAGE 945 1-992 9DDK 87 PAGE 96 -7 ion ze/szc lAQAi l rtr:so/ vk . 35 Re: Cherry Lane (33rd Street) SCHUH RESOLUTION NO. 92- 1 Q 'i A RESOLUTION OF INDIAN RIVER' COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 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 949, Page 1238, which was. recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd 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 Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret - C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner ,John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 day of November , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA st: U1 BY Carolyn K. Egger Jeffrey K -Barton. Clerk/r airman �f ���� 12 i Re: 4th Street Bike Path R/W 10/1tMsc�/v``.37 Parcels 15-33-39-00001-0080-00018.0 i 22.0 BLAIR RESOLUTION NO. 92-194 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 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 0. R. Book 949, Page 2575-2580, which was recently acquired by Indian River County for right of way purposes for the Fourth Street Bike Path, 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 Bowman , and, upon being put to a vote,the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret" C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the • resolution duly passed and adopted this 3 day of November , 1992. Attest: Jeffrey ; Barton, Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Z' _"V j .4w I. Carolyn. Eggert CIA airman 13 BOOK 87 PAGE 94 7 NOV 3 1992 3 1992 BOOK . '87 RAGE 98 Re: 4th Street Bike Path R/H1 lU�ltai/fJ•l�lugesl)lt1s�+C)/Vh.36 Parcels 15-33-30-00001-0080-00022.1 & 23.0 LISCOMB & BIEMANN RESOLUTION NO. 92- 195 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, P.'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 949,. . Page 2502-2507, which was recently acquired by Indian River County for right of way purposes for the Fourth Street Bike Path, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner S c u r l o c k and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner John W. Tippin Aye The Chairman thereupon -declared the resolution duly passed and adopted this 3 day of November , 1992. st Jeffrey K. Barton v BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyn Eggert airman dl 14 PUBLIC HEARINGS ROUSSEAU RIVER SHORES - WASTEWATER COLLECTION SYSTEM RESOLUTION III The hour of 9:05 o'clock A. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL _ The ' BoardofCounty Car►trrdssloners' of hrdiert i RIM ' may' novae of Published Daily scheduled for 9:o5 A.M. on Tuesday - November 9,' 1982, to drspu SPECIAL apo- a Vero Beach, Indian River County, Florida M�r�tT PR&CT h�n� a ��' steilathm INE of SER SERVICEROUSSEAU COUNTY OF INDIAN RIVER: STATE OF FLORIDA RIVEROPffft SHORES SUBDIVISION, and c to betib to be madePwAfing for d on*the£ Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath am rAr"Fle Who may wish to r�yr says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published � I decision which need to ensue P at Vero Beach in Indian River County, Florida; that the attached co of advertisement bein that be made poeedhrgs to made, copy a verbatim record of the 9 which Includes testanwW and evidence 4M wtkh .F tills anal is i - r a Oct' �8' 1992 :x'02 r: d3 940127 In the matter of In the of Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office In Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Sworn to and subscribed before me thiE day o A.D. 19 i`== ( ti9 Manager) (SEAL) (Clerk of the Circuit Cou , Indian River County, Florida) Notary Willa, ft" Rmift my Ponanissw Exptret .hale 29, 1$93 15 NOV 31992 Boa 87 PAcr949 NOV 3 1992 BOOK 8'l FAEE 50 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public -hearing. The Board reviewed the following memo dated October 14, 1992: DATE: OCTOBER 14, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL VICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS ES PROJECTS BY: DEPARTMENT OF ILITY SERVICES SUBJECT: ROUSSEAU RIVER SHORES - WASTEWATER COLLECTION SYSTEM INDIAN RIVER COUNTY PROJECT NO. IIS -92 -08 -CS RESOLUTION III - PUBLIC HEARING On October 6, 1992, the Indian River County Board of County Commissioners approved Resolution I (92-183) and Resolution II (92-184). Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 92-183 was published in the Vero Beach PRESS JOURNAL on October 12, 1992. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design- of the wastewater collection system is complete. An informational meeting was held with the property owners on October 13, 1992. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. The project will serve the 9 lots bordering on 114th Lane, east of Indian River Drive. The petition for this service was signed by owners of 6 of the 9 properties to be served. The total estimated cost to be assessed is $20,328.00. . The assessment cost..per square foot is $0.157658. �� • Ylyl�i.� I • � The staff of,the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 92-196, Confirming the Special Assessments in Connection With Wastewater Service to Rousseau River Shores Subdivision and Providing for Special Assessments Liens to Be Made of Record, as recommended by staff. 16 RESOLUTION NO. 92- 196 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ..ASSESSMENTS IN CONNECTION WITH WASTEWATER SERVICE TO ROUSSEAU RIVER SHORES SUBDIVISION AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 92-183, adopted October 6, 1992, determined to make special assessments against certain properties located in Rousseau River Shores Subdivision to be serviced by a wastewater line from Indian River County; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published on October 12, 1992, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-184, on October 6, 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 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, October 9, 1992, and Friday, October 16, 1992 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, 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 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, November 3, 1992, at 9:05 a.m. conducted the public hearing with regard to the special assessments, 17 OV 31992 BooK 87 FAcE 951 Fr'- NOV 31992 BOOK 87 PAGE 952 -7 RESOLUTION NO. 92- 196 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner _Bowman , and the motion was seconded by Commissioner S c u r 1 o c k , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert A y e Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 day of November 17;��Zajc� Jeffrey K. Barton, Clerk . y , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN R ER COUNTY, FLORIDA By Caroly4 K . Eg t Chairffian RESOLUTION 92-196 WITH ATTACHED PRELIMINARY ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 18 � � a INEZ WORKMAN PUBLIC NUISANCE; ASSESSMENT FOR ABATEMENT OF NUISANCE AT 2048 42ND PLACE, VERO BEACH, FLORIDA Roland DeBlois, Chief, Environmental Planning and Code Enforcement, presented the following memo dated October 14, 1992: TO: James E. Chandler County Administrator DEP NT HEAD CONCURRENCE: Ro ert M. Kea ing,A ve Community DelopmInt D ector THROUGH: Roland M. DeBlois AICP Chief, Environmental Planning & Code Enforcement FROM: Charles W. Heathe''.p►li/. Code Enforcement Officer DATE: October 1.4, 1992 SUBJECT: INEZ WORKMAN PUBLIC NUISANCE; ASSESSMENT FOR ABATEMENT OF NUISANCE AT 2048 42ND PLACE, VERO.BEACH, FLORIDA It is requested that the data herein presented be given formal consideration by Board of County Commissioners at their regular meeting of November 3, 1992. DESCRIPTION AND CONDITIONS: On March 09, 1992, code enforcement, staff served (by sheriff's service) a Notice of Public Nuisance to Inez Workman, concerning the accumulation of aluminum cans, glass bottles, trash and debris on her property at 2048 42nd Place (Old Dixie Highway) in Gifford. The Respondent was cited as maintaining her property in violation of Chapter 973.03(2) of the County Code, which prohibits the accumulation of garbage, trash, junk, debris or unserviceable vehicles on residential property. The respondent failed to remove the trash and debris and comply within a specified 30 day time period. Therefore, in accordance with Chapter 973.04(2) of the County Code, county personnel (ie: Road and Bridge Division staff) abated the nuisance violation, with the cost to be assessed against the property owner. Chapter 973.06(1) of the County Code requires that the cost of a county nuisance abatement shall be calculated and reported to the Board which, by resolution, shall assess such costs against the property. This matter is presented herein to the Board for consideration to adopt said resolution. 19 NOV 3199,E Boa 87 PAGUE 953 F'r- qv 3 1992 ALTERNATIVES AND ANALYSIS: BOOK 87 PAGE 954 The subject property has a history of public nuisance violations going back a number of years. In 1987, the County Code Enforcement Board entered a lien against the property due to the respondent's failure to comply with an order to clear an accumulation of junk, trash, and debris. Ms. Workman has maintained that she is using her property for trash recycling/sorting, which is her livelihood. After a period of time, it became evident that Ms. Workman was not going to take action to resolve the violation. Moreover, the property qualified as a homestead, and county foreclosure of the property to collect the lien did not appear likely. Subsequently, the Code Board rescinded the order so staff could pursue the matter through public nuisance abatement procedures. In January 1989, the County Commission authorized the placement of a lien against the property in the amount of $7,021.46, based on the cost of county clean-up of the property. More recently, county staff have worked with Gifford community leaders to resolve the outstanding violation amicably, but to no avail. The Solid Waste Disposal District donated dumpsters that were located on the property for volunteers to help Ms. Workman clean the property. However, it became apparent over a number of weeks that the volunteer approach was not working, and the only sure means of violation remedy was through county abatement action. On May 21, 1992, after due notice and authorization, a Road and Bridge crew proceeded to clean the property. At that time, however, Ms. Workman strongly protested the county action, and with assistance from the county sheriff's department, it was determined that county staff would proceed no further without obtaining a court order. On September 29, 1992, county staff obtained an inspection warrant authorizing clean-up of the subject property. Chapter 973.06, Public Nuisance, of the Land Development Regulations of Indian River County specifically reads as follows: "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the board of county commissioners. Thereupon, the board of county commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of the notice of assessment after which interest shall accrue at the rate of twelve (12) per cent per annum on any unpaid portion therefore." Costs for equipment use, labor, and land fill charges, as indicated by the Road and Bridge Division, plus the $75.00 administrative fee calculates to be: Equipment: 6,583.22 Labor: 1,863.71 Landfill Charges: 7,258.21 Administrative fee: 75.00 TOTAL: $15,780.14 20 ri RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $15,780.14 in abatement costs, in accordance with Chapter 973.06, Public Nuisance, of the Code of Laws and Ordinances of Indian River County. Chairman Eggert mentioned that this $15,780.00 is in addition to the $7,000.00 lien that was previously filed on the property. Commissioner Bowman wanted to know if the liens were higher than the assessed value of the property, and Commissioner Scurlock felt sure it would not be $22,000.00. Community Development Director Robert M. Keating replied that staff did not have that information at this time. Commissioner Scurlock commented that this problem is going to keep recurring, and he thought there should be some other remedy. Attorney Vitunac advised that one alternative is to file Court charges under the criminal code and get an ordinance violation charge, or a civil suit could be filed and a judgment obtained. However, the judgment would be useless because it is homestead property. At this point, it is probably a dead loss, but it will always be on the record. If someone else tries to acquire it or fix it up, they would have to deal with it. Chairman Eggert thought she had heard something about a group in the area that had tried to find relatives who might help solve the problem. Director Keating was uncertain about that, but did recall that the Solid Waste Disposal District (SWDD) worked with some people in the area in an attempt to clean up the debris. Commissioner Bird led discussion regarding the type of debris on the Workman property. Roland DeBlois described it as an accumulation of trash which provides minimal income from recycling, and Director Pinto added that vendors were called to evaluate the recyclables, but sorting through the trash would be dangerous because of the presence of snakes and rodents. He further mentioned that staff had even considered leaving a dumpster on the property at all times, but Ms. Workman does not like people coming around and does not want to cooperate at all. Administrator Chandler stressed that dump trucks took 49 loads of trash from her yard. Commissioner Tippin suggested that we try very hard to tell her what is expected of her, but Director Keating explained that she doesn't know what she is doing. She just doesn't understand. Under discussion, Commissioner Scurlock felt that since this nuisance problem probably will come back to the Board in the 21 r C OV 31992 BOOK NKUE 955 Nov , U 1091 BOOK 87 PAGuE 956 future, the Board should direct staff to get a better long-range solution, such as counseling for the lady. The Chairman called for the question. The motion was voted on and carried unanimously. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Scurlock, that the Board adopt Resolution 92-197, assessing $15,780.14 in abatement costs. RESOLUTION NO. 92-197 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY ABATEMENT BY REMOVING GARBAGE, TRASH, JUNK, AND DEBRIS FROM Lots 6 & 7, J.T. Grays Town of Gifford Subdivision, PBI 1-89, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumulation of garbage, junk, trash, and debris is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, The Code of Indian River County, Section 973.03, declares a public nuisance the accumulation of garbage, trash, junk, and debris, and unserviceable vehicle or parts; and WHEREAS, an accumulation of aluminum cans, glass bottles, trash and debris existed on property owned by Inez Workman, whose mailing address is 2048 42nd Place, Vero Beach, Florida 32960, such property having a legal description as follows: Lots 6 and 7, J.T. Gray's Town of Gifford Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 89, of the Public Records of Indian River County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisances existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abatement of the described nuisance was sent to the owner by the Indian River County Sheriff's Department in accordance with Chapter 973.09 "serving of notice," of the County Public Nuisance Ordinance; and WHEREAS, the landowners of the subject property failed to abate the described nuisance within 30 days of the delivered Notice; and WHEREAS, Chapter 973.04(2) of the County Public Nuisance Ordinance authorizes the county Administrator to direct County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days notice; and WHEREAS, the County Administrator authorized County personnel to abate the described nuisance; and 22 WHEREAS, the County 1992, abated the herein junk, and debris; and Road and Bridge Division, on October 07, described accumulation of garbage, trash, WHEREAS, Chapter 973.06 of the County. Public Nuisance Ordinance provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolution, shall assess such costs against the subject property, such cost to include an administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor and landfill charges and administrative fee for County abatement of the herein described nuisance is determined to be Fifteen Thousand Seven Hundred Eighty Dollars and Fourteen Cents ($15,780.14); and WHEREAS, Chapter 973.06 of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay assessed costs within the thirty (30) days, a certified copy of the assessment shall be recorded in the official record books of the county,- constituting a lien against the property, subject to twelve (12)'percent per annum interest; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs of county abatement of the herein described accumulation of aluminum cans, glass bottles, trash and debris nuisance, totaling an amount of $15,780.14, is hereby assessed against Lots 6 & 7, J.T. Gray's Town of Gifford Subdivision, presently owned by Inez Workman, whose mailing address is 2048 42nd Place, Vero Beach, Florida 32960. 3) The $15,780.14 assessment shall be due and payable to the Board of County Commissioners thirty (30) days after the mailing, or Sheriff's delivery of a notice of assessment to the landowner, after which, if unpaid, a certified copy of the assessment shall be recorded in the official record books of the county, constituting a lien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Bird. ., seconded by Commissioner Scurlock , and adopted on the 3 day of November , by the following vote: Commissioner Carolyn K. Eggert Ave Commissioner Richard N. Bird Ave Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Ave Commissioner John Tippin Ave 23 NOV 3 1992 BOOK 87 FmE907 NOV 31 - BOOK 87 PAGE 958 RESOLUTION NO. 92-197 The Chairman thereupon declared the resolution duly passed and adopted this 3 day of November 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORA Carolyn Eggert Chairm TE : ' Jeffrey R. Barton County Clerk FELLSMERE LIBRARY LEASE General Services Director Sonny Dean presented the following memo dated October 26, 1992: DATE: OCTOBER 26, 1992 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT'OF GENERAL SERVICES SUBJECT: FELLSMERE LIBRARY LEASE BACKGROUND: On November 10, 1987, Indian River County entered into an agreement with the Fellsmere Library Association to lease the Marian Fell Library for use as a Public Library. At the same time, the Association and City of Fellsmere agreed to clean the building and maintain the grounds. The five year lease was at five dollars per year. The purpose of this lease was to provide library services for the Fellsmere area which could not be adequately accommodated at the Sebastian Library due to limited space and staffing. During the past five years staffing at the Fellsmere Library has consisted of one part-time Library Associate working twenty hours per week during the first year and decreased to six hours per week during the past two years. These hours were reduced primarily due to lack of patrons using the facility and the demand for staff time at the new North Indian River County Library. Volunteer staffing consisted of one regular volunteer the first two years with occasional help from members of the Fellsmere Association. The City of Fellsmere has not provided the service, as they originally agreed on. 24 r � � M - r Several programs were introduced to encourage patron use but little or no success was realized. The efforts of volunteers Bettie Bock and Paul Ciccarelli during the past summer did produce a successful summer program. Since that time, business has gone back to the usual with lack of interest by the residents. ANALYSIS: The Fellsmere Library Association has requested the County continue the present lease for another year. Through the efforts of Mrs. Bock and Mr. Ciccarelli,. and with increased help from the County along with more volunteers they fbel the Library will be a success. The cost for staff involvement and processing supplies over the past five years is estimated to be over $35,000.00. An effort has been made to determine what it would take in the way of programs, staffing and equipment to make the Fellsmere Library a success. To make Fellsmere Library a successful functioning library will require more money, staffing, volunteers, materials, and cooperation. Staff estimated the minimal implementation cost to be approximately $30,000.00. To put that much effort and cost into that facility would take away from what is being offered and could be offered at the North Indian River County Library. It would also encourage persons living in the Fellsmere area not to take advantage of the many services offered in the County Library, such as audio visual and computer equipment. They would not have access to a more versatile staff to answer their questions and assist in their needs. RECOMMENDATIONS: Based on the above, staff recommends the County not renew or extend the present lease with the Fellsmere Library Association. The staff and monies saved will be used in offering more programs and extended hours at the North Indian River County Library. It is also felt that any expansion of the Indian River County Library System facilities should be in accordance with the master plan. Commissioner Eggert recalled that there were doubts about this project when it started. General Services Director Sonny Dean reported that he had several discussions with representatives of the Fellsmere Library Association and it is apparent that they do not have a solid plan and will be satisfied with any help the Board offers. The County has offered to assist them with activities upon request, and by lending books and giving old books to them. Based on that and with the information presented in the document, staff recommends that we not renew this lease. 25 N O V 3 1992 Bou 8 7 FacE 959 L- NOV 31992 BOOK 87 PAGE 96® Chairman Eggert stated that the County does not plan to desert Fellsmere. There are three possible ways to keep library resources available to Fellsmere residents. The City of Fellsmere is going to build the Guadalupe Center and we might be able to work something out with that Center, especially with books that are geared to the Spanish-speaking people and some of the first adult readers who live there. Second, the new transportation system that has been started by the Council on Aging makes pickups in Fellsmere and goes to the North County library. Third, we have discussed the possibility of a bookmobile and we will continue looking for grants to help us with that, so we are not deserting them. By not renewing the lease, we will be able to keep the North County library open longer hours, which will be a help to all of North County. Commissioner Bird asked, and Director Dean responded that they will try to maintain library service on a volunteer basis. Commissioner Bowman asked, and Chairman Eggert confirmed that the Fellsmere Library is in an historical building and the City of Fellsmere is supposed to maintain it. The Fellsmere Library Association holds the deed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously agreed not to renew or extend the lease with the Fellsmere Library Association, but to assist them with activities upon request, lend them books, and give them old books, as recommended by staff. 26 CR510 WABASSO CAUSEWAY BRIDGE REPAIRS - FINAL PAYMENT REQUEST The Board reviewed the following memo dated October 26, 1992: TO: James Chandler County Administrator FROM: James W. Davis, P.E: Public Works Director g$9 SUBJECT: CR510 Wabasso Causeway Bridge Repairs - Bridge No. 880053 IRC Project No. 9104 Final Pay Request - Tom Quinn Company, Inc. DATE: October 26, 1992 DESCRIPTION AND CONDITIONS The Board of County Commissioners awarded this contract in the amount of $628,158.00 on February 4, 1992. The contract specified 120 work days to complete the work. Work began and the county started counting contract time on June 4, 1992, The CR510 Wabasso Causeway Bridge Repairs have been completed by Tom Quinn Company, Inc. within the time set for completion. The project has been accepted by the Public Works Director. Change Order No. 1, Rev. II was approved by the Board of County Commissioners on July 21, 1992, which was a decrease in the amount of ($68,007.00). Change Order No. 1, Rev. III was approved by the Board of County Commissioners on October 27, 1992, which was also a decrease in the amount of ($11,671.84). The final cost of the project, including both Change Orders is $548,479.16. ALTERNATIVES AND ANALYSIS Alternative No. 1 - Approve the final pay re ' $54,847.92, which represents the retained percentage. the amount of Alternative No. 2 - Deny the final pay request. RECOMMENDATION AND FUNDING Staff recommends Alternative No. 1. Funding to be from Account Number 111-214-541-066.31. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved final pay request in the amount of $54,847.92 to Tom Quinn Company, Inc., as recommended by staff. P% NOV 3 1992 BOOK `87 PACE 961 J NOV 3 19 BOOK 87 P,irE 962 DONATION OF RIGHT OF WAY AGREEMENT ADDENDUM - INDIAN RIVER BOULEVARD PHASE IV The Board reviewed the following memo dated October 27, 1992: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,._, Public Works Director SUBJECT: Donation of Right -of -Way Agreement Addendum Indian River Boulevard Phase IV DATE: October 27,}1992 FILE: lawton.agn DESCRIPTION AND CONDITIONS On November 1, 1988, the County entered into an Agreement between Abner P. 4 Betty A. Lawton and Equal Split, Inc. donating to the County right-of-way for the extension of Indian River Boulevard provided the County would make certain access improvements and complete the Boulevard by a certain time period. The attached agreement addendum is to extend the original Nov. 1, 1988 agreement by two years so that Indian River Boulevard Phase IV can proceed. Also attached is an invoice from the Lawton's attorney for professional services for $250. ALTERNATIVES AND ANALYSIS The following alternatives are presented. Alternative No. 1 Authorize the Chairman to execute Addendum No. 1-B to the Agreement and payment of Attorney fees. Alternative No. 2 Deny the Authorization thereby forfeiting the extension of time. Also deny payment of Attorney fees. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1. Funding to -be from 3091215- 541-066.12 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Addendum No. 1-B to Agreement for Donation of Right - of -Way, and authorized payment of attorney's fees in the amount of $250.00, as recommended by staff. AGREEMENT ADDENDUM IS ON FILE IN THE OFFICE OF CLERK TO THE,BOARD - - 28 0 FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT FOR NEW SIGNALS AT 41ST STREET The Board reviewed the following memo dated October 27, 1992: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: FDOT Railroad Reimbursement Agreement for New Signals at FECRR 41st Street(S. Gifford Road) REF. LETTERS Ronald E. Holmes, DOT to Jim Davis dated Oct. 20, 1992 , DATE: October 27, 1992 FILE: fec.agn. .z DESCRIPTION AND CONDITIONS �. The Florida DOT has received Federal funds to replace the warning signal gates at the 41st Street railroad crossing. The "cost of the project is estimated to be $55,624. A tri -party agreement between the State, FECRR, and County has been drafted to provide for future yearly maintenance funding of the signal gates. The cost to the County will be 50% of $2,657 or $1,328 per year, plus the cost of pavement markings, etc. A standard resolution has been prepargd for the County's adoption approving the agreement. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alte.i`native No. 1 Authorize the chairman to sign the attached agreement and resolution. Alternative No. 2 Deny authorization of signature. RECOMMENDATIONS AND FUNDING Staff recommends authorizing the chairman to sign the attached agreement and resolution. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 92-198, Authorizing Execution of a Railroad Reimbursement Agreement for the Installation of Grade Crossing Traffic Control Devices, as recommended by staff. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED 29 L- N O V 31992 BOOK 8 7 PAGE 63 N nV 31992 bou 87 PAGE 964 -7 STATE OF MW"A OEtA MOff OF TRANS►ORTATION FORM rm6o afs OFFICE Of MWOU C TRA•MPOIITAnft REKACU N1." COUNTY RESOLUTION 101•' ►p.1a1 GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL d R/W NUMBER FAP NUMBER 88 000 6900 SO. GIFFORD RD. INDIAN RIVER 2(88560-SIGR) A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 92-198 ON MOTION OF Commissioner Scurlock , seconded by Commissioner Bird , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, bkfWbbli AT SnlrTil erld _.TFFnRh Rn_ which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA; That INDIAN RIVER County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the FEC RAILWAY Company for the installation and maintenance of certain grade crossing. traffic control devices designated as Job No. 88000-6900 on SOUTH GIFFORD ROAD which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272180-A located near VERO BEACH , Florida; and -That the County assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT: and That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the FFr RATi.wey Company as herein described; and That this RESOLUTION shall take effect Immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of INDIAN RIVER County, Florida, in regular session, this 3 day of November 92 _ ^� 1� River Ca Approved (Dw4em.n I my .o of Cooney Doan , ATTEST: io �!r p a nx Bo.ro a 1y ` I i 10 I C, � H y' nom., 9214se 9LO �F1LACp Mt.lO ain ps"4.re IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: Secretary (SEAL) COMPANY: THE FLORIDA EAST COAST RAILWAY CO. BY: Pr i SEAL resident ATTEST: // - 3 - 912— ATTEST: z. L"' ATTEST: COUNTY, FLORIDA >pproved as to Form, Legality Approved as to Funds ind Execution Available iY: BY: Attorney - DOT Date Fiscal -DOT Date (SEAL) Inman River C4 ADflrOved .. Admin. Date t n T egsl T- Eu�cet L �� ' Dept I Approved as to FHPM - Requirements BY: XXXXXXXXXXXXXXXXXXXXXXXX FHWA .. Pate APPROVED -UNDER TERMS OF ALTERNATE PROCEDURES A PARTIALLY EXECUTED COPY OF RESOLUTION 92-198 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 31 NOV 3 1992 a©®K 87. F•AGE 965 r- NOV 3 1992, BOOK 87 PAGE 966 TWIN PAIRS - SIBTH AVENUE IMPROVEMENTS AT 20TH PLACE - RANGER CONSTRUCTION INDUSTRIES, INC. CHANGE ORDER NO. 1 The Board reviewed the following memo dated October 22, 1992: TO: James Chandler County Administrator THROUGH: James W. Dav1'rec P.E. Public Works to FROM: Roger D. Cain, P.E. County Engineer SUBJECT: 6th Avenue Improvements @ 20th Place, Twin Pairs IRC Project No. 9122 Ranger Construction Industries, Inc., Change Order No. DATE: October 22, 1992 Attached is a Change Order from the contractor, Ranger Construction, Inc. for the improvements to the intersection at 6th Avenue and 20th Place. The change order adjusts some quantities and adds some additional work which was done to take care of standing water both on the county's right-of- way and private property on the east side of 6th Avenue north of 20th Street. Some additional pipe and two inlets were added to the contract to solve what has been a continuing and long standing problem at this location. The costs associated were deemed reasonable by staff. The original contract price was for $50,411.40. The net change in the contract price; including the additional work, is to add $2,288.79. The new contract price then becomes $52,700.19. No additional time is proposed for the contract, the contract time remains 120 calendar days. Alternative No. 1 - Approve the change order. lA ternative No. 2 - Deny the change order request. Staff recommends approval bf the change order making the new contract price $52,700.19. Funding from Account No. 109-214-541-033.19. Discussion ensued, and Public Works Director James W. Davis reported that the U-turn on U.S. 1 southbound at 20th Street will be reinstated so that people will be able to continue east from 32 M M - U.S. 1. In addition, staff has asked the Florida' Department of Transportation to install signs to assist people in using an alternate route by turning south on 10th or 11th Avenue off U.S. 1 and then turning east onto 20th Street. When asked about problems with traffic lights not being synchronized, Director Davis explained that the closed loop signal system will be synchronized via a master computer, although the project will not be completed this season. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Ranger Construction Industries Change Order No. 1 in the amount of $2,288.79, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SQUIRE VILLAGE MOBILE HOME PARR WASTEWATER TREATMENT PLANT ABANDONMENT The Board reviewed the following memo dated October 26, 1992: DATE: OCTOBER 26, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI SERVICES PREPARED WILLIAM d,,MCCAIN AND STAFFED CAPI ECTS ENGINEER BY: DEPAR UTILITY SERVICES SUBJECT: SQUIRE VILLAGE MOBILE HOME PARR WASTEWATER TREATMENT PLANT ABANDONMENT IRC PROJECT NO. CCS -412 BACKGROUND On June 18, 1991, the Indian River County Board of County Commissioners approved a developer's agreement with Richard Tallman of Squire Village Mobile Home Park. The agreement was for the park's connection to County water and the construction of a County lift station and force main to the park's property line (all construction is now complete). Please see the attached agenda item and agreement with Squire Village for details of the County's and developer's responsibilities. We are now prepared to begin design and construction of a force main along 27th Avenue to connect the park to our County sewer system (Oslo Road force main west). 33 NOV 3 1992 BOOK � �� PACE967 Nov 31992 BOOK ANALYSIS 87 FADE 968 We will be advertising to bid the Oslo Road west force main project within the next two months. The proposed force main along 27th Avenue will connect into the Oslo Road west force main project and connect Squire Village to the Countyls system. Per the developer"s agreement, the County will own and operate the wastewater treatment plant at Squire Village until such time as the system can be connected to County sewer. The Utilities Department is able to operate the facility; however, the Department would rather abandon the plant as soon as possible and connect to the County sewer system. The estimated project costs are as follows: Construction plus Contingency 10$ $46,280.00 Engineering 10% 4.628.00 Total 50,908.00 Funding for this project will be from the impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the above-outlined.project at Squire Village and authorize the expenditure of $51,00�O.Ob from the impact fee fund for the project. Commissioner Scurlock wondered whether the $50,908.00 includes removal of the facility, and Director Davis replied that the $50,908.00 is only for engineering design and construction of the force main from the south end of Squire Village to Oslo Road. Commissioner Scurlock wanted to know whether the salvage value of the plant is equal to the removal cost, and Director Pinto explained that our standard agreement, when the County takes over a system, is to have someone come in and restore the ground in exchange for the facility. Commissioner Scurlock asked whether the land on which the plant is located will now be returned to the park owner, and Director Davis responded that the land will be returned to the park owner except for a 201 x 201 piece over the County's lift station. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the removal of the Squire Village Mobile Home Park Wastewater Treatment Plant and authorized the expenditure of $51,000.00 from the impact fee fund for the project, as recommended by staff. 34 NORTH COUNTY SCHOOLS, COUNTY ROUTE 512 SEWER FORCE MAIN AND ASSOCIATED LIFT STATION. PROPOSED CHANGE ORDER NO. 1 Director Pinto presented the following memo dated October 26, 1992: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND OCTOBER 26, 1992 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES WILLIAM F. cCAIN CAPITAL ENGINEER DEPAR ITY SERVICES NORTH COUNTY SCHOOLS, COUNTY ROUTE 512 SEWER FORCE MAIN AND ASSOCIATED LIFT STATION, PROPOSED CHANGE ORDER NO. 1 IRC PROJECT NO. US -91 -21 -CS On October 6, 1992, the Indian River County Board of County Commissioners awarded the above -referenced project to Owl and Associates, Inc. The awarded contract is in the amount of $238,451.00. Since the design and bidding of this project, several things have occurred; the first was Board of County Commissioners" approval to immediately service the Route 512 and I-95 commercial node with water and sewer. Secondly, the master plan for this area has now been completed by our consultant, Brown and Caldwell, indicating tbe•need to enlarge approximately 6,000 linear feet of the force main for future service to the commercial node, and to provide adequate capacity to serve to 102nd Terrace (i.e., proposed Macho Industries and other industrial use sites). The Utilities Department is therefore requesting approval of the attached change order to increase the force main to the appropriate size. ANALYSIS The proposed changes to this contract are outlined in the attachment to the requested change order. The total amount of the proposed change order is $46,739.00. The installed pipe costs are in line with other projects of this magnitude, and were negotiated in good faith with the contractor. Funds for this additional work will come from the impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached change order with Owl and Associates, Inc., in the amount of $46,739.00. 35 BOOK C57 FvUE 969 NOV 1992 Nov 3 140 -7 BOOK 87 PAGE 9'7® Commissioner Scurlock asked whether the County has sufficient impact fees to support this project, and Director Pinto explained that the master plan is designed so that impact fees are directly related to the cost of development within a particular area. Commissioner Scurlock asked how much has been spent on that corridor, but Director Pinto did not have that information. Discussion ensued, and Director Pinto confirmed that about $300,000 is in escrow for the recreational vehicle park in that area. Commissioner Scurlock inquired whether some of that money could not be used for this, and whether this particular part of the project would go into the mobile home park. Director Pinto explained that all the money will go into the impact fee fund, but this particular part of the project did not include service into the mobile home park. Administrator Chandler added that staff will be bringing that part of the project before the Board later, with staff recommendations on not only CR -512 but proposed extensions along SR -60 and Oslo Road. Commissioner Scurlock pointed out that the County is taking impact fee money and deciding on priorities and has decided on this particular area, and he was just trying to get an idea in terms of the committed reservation of capacity. Director Pinto stressed that the schools and the trailer camp park are committed but not the mobile home park, although it will become a leg of this project. Commissioner Scurlock emphasized that what he was trying to do was get across the fact that County had made a major decision to facilitate that corridor by taking monies out of impact fees which then will not be available for other areas. Commissioner Bowman asked where is the mile or so that will be oversized, and Capital Projects Engineer William F. McCain clarifed that the lift station will be needed to service the area from the entrance to the school. It will be upsized to 12 inch in order to allow the corridor use of CR -510 later on. The area from the intersection of CR -510 and CR -512 to Roseland Road also has been upsized to allow for the south end of Roseland Road to be serviced, including Kashi Ranch and other site plans that are coming in now on some very large projects. Commissioner Scurlock indicated that the reason he. was trying to emphasize this point is that with the current slow growth in the economy, the onslaught of reservations for capacity has not been significant. He expressed concern that a particular industry that 36 may or may not come to the county is precipitating the depletion of impact fees out of the fund that would not be available for any other corridor that County may want to address, such as Oslo Road. The County just as easily could have picked Oslo or - some other project. Chairman Eggert reminded Commissioner Scurlock that all of this had been discussed before. Director Pinto added that the service will be for the entire industrial park, not just for Macho Industries. Commissioner Scurlock -wanted to know if there were sufficient monies in the impact fee fund for all three projects, because at some point bonding might be needed if the impact fee funds are insufficient. Director Pinto replied that there is not currently enough money available, because County has borrowed from the impact fee fund for the assessment projects. However, there is enough money dedicated to the impact fee fund for impact fee fund projects. Administrator Chandler confirmed that there is sufficient money for this change order, and that staff will be bringing to the Board staff recommendations for all three of those - CR -512, CR -60 and Oslo - with the actual projected costs and the funding. Director Pinto stressed that the important part of this whole program is that the facilities being built are funded through impact fees. They are master plan lines, and no matter where they are built in the County, the money is taken from the impact fee fund established for that purpose. However, the impact fee fund is set up in such a way that it doesn't recognize any specific area within the county. The major decision Commissioner Scurlock is talking about is the financing of assessment projects to replace money that was borrowed from the impact fee fund. Commissioner Bowman felt that the priority should be CR -512 because it has a connection with I-95, and a connection does not exist yet at Oslo Road. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Bowman, the Board unanimously approved Change order No. 1 with Owl and Associates, Inc., in the amount of $46,739.00. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 37 L_ JOV 3 1992 Boa 87 Pr�.u� 9.71 r- NOV 3 A9 9 BOOK 87 PAGE 972 -7 THE MEADOWS WATER MAIN EXTENSION CHANGE ORDER NO. 1 AND FINAL PAY REQUEST The Board reviewed the following memo dated October 23, 1992: DATE: OCTOBER 23, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTORO ILIT SERVICES PREPARED H. D. "D AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: THE MEADOWS WATER MAIN EXTENSION IRC PROJECT NO. UW -91 -31 -DS CHANGE ORDER NO. 1 AND FINAL PAY REQUEST BACKGROUND On April 28, 1992, the Indian River County Board of County Commissioners approved the subject project in the amount of $26,656.00. Construction of the subject project has been completed, and the Contractor, G. E. French Construction, Inc., of Okeechobee, Florida, has made application for final payment. The pay request includes a $3,683.00 change order to bore under homeowners' driveways in lieu of open cuts. (See attached change order.) ANALYSIS All Indian River County requirements have been met and final certification has been submitted to the Department of Environmental Regulation for clearance. The original contract price was $16,080.00; the final contract price, including Change Order No. 1, is $19,763.00. The contractor has previously billed $13,748.40, leaving a balance of $6,014.60 as payment in full for services rendered. RECOMMENDATION The Department of Utility Services recommends: (1) approval of Change Order No. 1 and (2) approval of the payment request of $6,014.60 as payment in full for servic4s rendered. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Change Order No. 1 and final payment in the amount of $6,104.60 to G. E. French Construction, Inc. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 38 PLANNING & ZONING APPOINTMENT. DISTRICT 2 The Board reviewed the following memo dated October 26, 1992: TO: Board of County DATE: October 26, 1992 FILE: T Commissioners SUBJECT: P" Z Appointment District 2 0-ke FROM: Carolyn K. Eggert REFERENCES: Commission Chairman Many very fine and qualified people applied for positions on the Planning and Zoning Commission, and the decision was a difficult one for me. The deciding factor came in the area of real or perceived current or future conflict of interest. Since I did not want anv appearance of conflict of interest through employment, 1 chose a - very qualified man with a broad background including elected office - William A. McNamee. I ask you to approve Mr. McNamee as my appointment to Planning and Zoning Commission, District 2. Thank you! The other applications will be kept on file in the BCC office for future use. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the appointment of William A. McNamee to the Planning and Zoning Commission, District 2. KE* L- OV 31992 BOOK 87 PAGE 973 NOV 3 199 BOOK 87 PAGE974 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS - REQUEST FOR SUPPORT OF TWO BILLS TO BE BROUGHT BEFORE THE UPCOMING LEGISLATIVE SESSION The Board reviewed the following letter dated October 16, 1992: xeasure City of Vero Beach P. 0. Box 1389 Vero Beach, Florida 32961 October 16, 1992 Dear Council Member: uncil. of Local Governments " DISTRIBUTION LIST COMne rs sAdministrator Attorney Personnel Public Works Community Dev. Utilities Finance Other At our September 2nd meeting, Mayor William Dannahower requested TCCLG support of two proposed Bills to be brought before the upcoming legislative session. The first Bill, proposed by Senator "Doc" Myers, would merge the DER and the DNR. The second Bill, proposed by the Concerned Citizens and Officials of Ft. Pierce, would provide stiffer penalties for prostitution. Copies of back-up material are enclosed for your convenience. Council members present at the September 2nd meeting were to request a vote of support by their respective governmental.units on these two Bills -by the October 7th TCCLG meeting.. To date only two cities, Vero Beach and Stuart, have acted in support. Please bring this before your governmental unit and respond as soon as Possible as we would like to show unanimity in support of these two Bills when we address our legislative delegations. Action can be by resolution or letter of support. Please notify the Chairman of actions taken. ALSO, PLEASE REMEMBER OUR NOVEMBER 4th ANNUAL DINNER MEETING AT THE GATOR TRACE COUNTRY CLUB. Details are enclosed. Please be sure to respond by October 30th as per instructions. As several of our members will be retiring, we will have a special program featuring "Progress & Tributes." PLEASE MAKE EVERY EFFORT TO ATTEND AND ENCOURAGE YOUR FELLOW COMMISSIONERS, ADMINISTRATORS AND ATTORNEYS TO -ATTEND AS WELL. Thank you for your interest and input. Sincerely, s Z``GZi�LL., /CJ . Caroline D. Ginn, Chairman TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS Commissioner Bowman commented that the Board should have more information before approving or disapproving a merger of the Florida Department of Environmental Regulation (DER) and the Florida Department of Natural Resources (DNR). Chairman Eggert wanted to see a deeper study of the advantages and disadvantages of merging DER and DNR, because she felt it is hard to make a decision at this point. She would like to see a statement saying that the Board encourages a study rather than supporting the legislation. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Tippin, the Board unanimously agreed to send a letter to the upcoming legislative session supporting a study of the proposed Bill to merge the DER and DNR. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Tippin, the Board unanimously agreed to send a letter in support of stiffer penalties for prostitution to the upcoming legislative session. DISCUSSION OF A QUIT CLAIM DEED FOR PELICAN POINTE CORP. TO CORRECT A SURVEY ERROR Commissioner Bowman announced that a civil engineering error had been made on the survey when the old plant at Pelican Pointe was moved out, and a quit claim deed was needed for what rightfully belongs to Pelican Pointe. Commissioner Bird asked whether the County attorneys and staff had reviewed this, and Attorney Vitunac advised that the agreement said that once the County utilities no longer needed the land the County would give it back and that's what this is. Attorney Vitunac requested that a motion be made to approve the quit claim deed, subject to all department staff signing off on it. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously agreed to execute a quit -claim deed for Pelican Pointe Corp. to correct a survey error, subject to all department staff signing off on it. COPY OF DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 41 N O V 3 1992 Boon 7 P,�u �5 NOV 3 192 BOOK 87 FAGE976 EMERGENCY SERVICES DISTRICT Chairman Eggert announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Emergency Services District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:50 o'clock a.m. ATTEST: J. Barton, Clerk Caroj4h K. Egg , Chairman 42