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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, FEBRUARY 9, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht (Dist. 3)
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - None
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Item 7.L. Appt. to Land Acquisition Advisory Committee
Item 7.M. Two Appts. to Beach Restoration Advisory Commission
Item 7.N. Appt. to Planning & Zoning Commission
Item 13.E. Out -of -County Travel to Treasure Coast Legislative
Conference, March 1-3, 1993
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of 12/22/92
B. Regular Meeting of 1/5/93
C. Special Meeting of 1/7/93
7. CONSENT AGENDA
A. Proclamation Designating March 4 - 6, 1993
as Mentally Handicapped Week
B. Proclamation Designation February, 1993 as
Florida Grapefruit Month
C. Resolution Supporting Preservation 2000 Funding
( memorandum dated February 1, 1993 )
D. Release of County Assessment Liens
( memorandum dated January 27, 1993 )
E. Release of Utility Liens
( memorandum dated January 29, 1993 )
IF E
91993 BOOK 88 Fa;F 7619
BOOK 88 PKU 77® -7
7. CONSENT AGENDA (cont'd.) :
F. Ordinance Amending Section 307.02 Concerning
Parking Spaces for Certain Handicapped Persons
Request for Public Hearing
( memorandum dated February 2, 1993 )
G. Ordinance Amending Section 100.05, IRC Code to
Make the General Penalty Provisions Applicable
to Ordinances Prior to Codification
( memorandum dated February 2, 1993 )
H. Subordination of County Lien
Impact Fee Extension Agreement
( memorandum dated January 27, 1993 )
I. Cancellation of Outstanding Taxes
Property Purchased for County Use
( memorandum dated January 27, 1993 )
J. Amendment to FIND Grant Agreement for
Environmental Learning Center
( memorandum dated February 2, 1993 )
K. Reclaimed Water Ordinance
Proposed I.R.C. Ordinance, Chapter 202
( memorandum dated January 25, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Paving E Drainage Improvements to 91st
Ave. Between 79th St. 8 87th St. in Vero
Lake Estates Subdivision
( memorandum dated January 20, 1993 )
2. Indian River County's Request for Special
Exception Use Approval to Construct an
Elevated Water Storage Facility
( memorandum dated January 27, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
Property Exchange with Town of Indian River Shores
(memorandum dated January 29, 1993)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Approval of Hearing Dates for Two Evening Board
Hearings to Consider LDR Amendments
( memorandum dated January 28, 1993 )
11. DEPARTMENTAL MATTERS (cont'd. ):
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. New Judicial Complex Properties
( memorandum dated February 2, . 1993 )
2. First United Methodist Church Property
( memorandum dated February 2, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
[.. 1 —
F. PERSONNEL
None
G. PUBLIC WORKS
1. T.C.I. Cablevision Request for County Road
& Bridge Division Assistance in Planting
Washingtonian Palms within SR60 Median
(memorandum dated January 29, 1993)
2. FDOT Local Government Cooperative Assis-
tance Program - 41st St. E 45th St.
(memorandum dated January 28, 1993)
3. Purchase Authorization; 45th St. R -O -W
Acquisition, Virginia Russell, Two Parcels
( memorandum dated January 28, 1993 )
H. UTILITIES
1. Back-up for Effluent Disposal System
West Regional Wastewater Treatment Plant
to Deep Well Reclaimed Water Pipeline
( memorandum dated January 27, 1993 )
2. 34th Ave. /Pinewood Estates Water Service
Resolutions I and II
( memorandum dated January 29, 1993 )
12. COUNTY ATTORNEY
Draft Letter Re: Treasure Coast Regional Planning
Council
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
A Resolution of the Board of County
Commissioners of Indian River County, Florida,
Endorsing Dredging of Port of Fort Pierce
FEB 91993 BooK 88 F'1uC 77�
F F E B 9 1993 BOOK 88 PAGE 1 1
13. COMMISSIONERS ITEMS (cont'd. ):
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 12/22/92
2. Approval of Minutes - Meeting of 1/5/93
3. Full Cost Accounting 8 Annual Report
( memorandum dated January 27, 1993 )
4. Waste Stream S Assessment Study
Malcolm Pirnie
(memorandum dated January 12, 1993)
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.
r � �
Tuesday, February 9, 1993
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, February 9, 1993,
at 9:00 A. M. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order.
County Administrator James E. Chandler led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Macht requested the addition of Consent Agenda
Item 7.L., appointment to the Land Acquisition Advisory Committee
and Item 13.E., out -of -county travel to attend the Treasure Coast
Legislative Conference March 1-3, 1993.
Commissioner Adams requested the addition of Consent Agenda
Item 7.M., two appointments to the Beach Restoration Advisor
Commission.
Chairman Bird requested the addition of Consent Agenda Item
7.N., appointment to the Planning & Zoning Commission.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously added the
above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of December 22, 1992. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of December 22, 1992 as
written.
L_FEB 9 1993 J
Boon 88 PnF 774-7
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of January 5, 1993. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board approved the Minutes
of the Regular Meeting of January 5, 1993 as
written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meetings of January 7, 1993. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board approved the Minutes
of the Special Meeting of January 7, 1993 as
written.
CONSENT AGENDA
Commissioner Eggert requested removal of Item 7.F., for
comment.
A. Proclamation Designating March 4-6 1993 as Mentally
Handicapped Week
Chairman Bird read aloud the following Proclamation:
2
N
PROCLPMATION
PROCLAMATION OF T11k: IHUARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, F1.011JDA, DESIGNATING
MARC11 4 THROUGII 1,1ARC'N 6, 39913 AS
MENTALLY 11ANDICAPPED WREX
WITEREAS, the Kidgbts of Columbus, Vero Beach Council
5629, will he c or,ducti ng its at,nual Toatr J p Roll. Drive to bele
the hancii.capped and mel,tal.ly retarded citizens, on Match 4
through March 6, 1993; and
WITFF.1?AS, prose nds from the donat3 ons will be, usect by
the Kn3 ghts of Columbus for local programs and activities such as
the mentally re:t.aided workshop and special alympics program; and
WITERFAS, on a nat•3at,wi.cde• basis, the Knights of Columbus
Councils will Im conduct 3 lig si mi l tar e•veetnts caul i ng the same -time.
spat,; and
WHEREAS, with the )'0I) of many fi i e-llcis and local
organizat3ons who have volunteered to assist. t -he Knights of
Colund,us 3 n th3 s year's el,cleavcr, it Js hni.i ci Ilate•d that t -he
proceeds generated will be far iii excess of last year's total;
and
WIIERLAS, it iS altoye1.11el fitt-iny at,cl to
officially riecuyni ze this worthy cause, and to bells trent:(- a
111'1,3 i c iawal e'l,e- ss zil,(I a1-1`2vci i,t i c,l, fC,l all t he-jG( -4-bo will },p
"app or,e-d and C:aid sterei(I" e,l, March 4 tbI C�vcjb r1i,rch 6, 3993 and
n,c►st. of all, fol. &J.l Ulm -4e- w),c, W333 ror,t:ril-,nt a whit. tl,e•y cats from
their hearts and ljocket s to assist. t.l(e, mentally bandi capped;
NOW, THER.EFOPE, BF IT P1:0CLAI MM) HY I'll)-: HOARD OF COUNTY
COMMISSIONERS OF' INDIAN RIVER COUNTY, FLORIDA, that rlarch 4
through March 6, 1993 he officially observed as
MENTALLY HANDICAPPED WF.FR
in Inrlia.n. Itivta• County, and that. special rem)(jr,3.1ian be given to
the dates of r1arch 4 through March 6, 1993 in support of this-
Wort.hwhi J e el,,deavor. .
Adopted this 91.1, clay of Febxv ary, 1993.
FOAF-1) OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
JAY
HJ CHARD N. BIRO, CHAIRMAN
3
L_FEB 9 1993 1 Bom 88 PA.,;E 775
FEB 9993 BOOK
88 776 -1
B. Proclamation Designating February 1993 as Florida Grapefruit
Month
Chairman Bird read aloud the following Proclamation:
P R O C L A M A T I O N
WHEREAS,, Florida's citrus industry contributes $8
billion annually to the state's coffers in direct and
indirect economic activity= and
WHEREAS, Florida is the first area in the world to make
grapefruit a significant commercial crop and produced more
that 50 percent of the world's grapefruit; and
WHEREAS, Florida supplies nearly all of the fresh
grapefruit and grapefruit juice consumed in the United
States; and
WHEREAS, Florida grapefruit supplies 100 percent of the
U.S. RDA for Vitamin C and is also a good source of Vitamin
A, potassium, folate and dietary fiber; and
WHEREAS, more tha h 4.6 billion pounds of Florida
grapefruit will be harvested during the 1992-93 season based
on a forecast.,.,of 54 million boxes of grapefruit; and
WHEREAS, citrus is a thriving industry here and
contributes -to this.county's overall economic well-being;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month
of Februarybe designated as
FLORIDA GRAPEFRUIT MONTH
in Indian River County. ,.
Approved.and adopted on February 9, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
RICHARD N. BIRD
CHAIRMAN
4
C. Resolution Supporting Preservation 2000 Funding
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated February 1, 1993:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Obert M. Xeati9rg, AIP17-
Community Devel pmen irector
FROM: Roland DeBlois��CP
Chief, Environmental Planning
DATE: February 1, 1993
RE: Resolution Supporting Preservation 2000 Funding
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 9, 1993.
DESCRIPTION AND CONDITIONS
Preservation 2000 (P2000) was enacted by the State in 1990 as a ten
year, $3 billion environmental lands acquisition program. For the
first three years of the program, funding has been subject to re -
appropriation on a yearly basis due to the lack of a permanent
funding source. So far, funding for P2000 has come from
documentary stamp revenues. Without a permanent funding source,
the continuance of the P2000 program is in question each fiscal
year.
The Nature Conservancy (TNC) is a leading proponent of the P2000
program. On January 21, 1993, Debbie Keller of TNC contacted staff
requesting that the Board of County Commissioners adopt a
resolution supporting fourth year appropriation of funding for
P2000. TNC is also urging local governments to support the
appropriation of a permanent funding source for the remaining seven
years of the program.
At their regular meeting on January 27, 1993, the County Land
Acquisition Advisory Committee (LAAC) voted to recommend that the
Board adopt a resolution urging State appropriation of fourth year
funding for P2000, as well as supporting the study of a permanent
funding source for the program.
ALTERNATIVES & ANALYSIS
The P2000 program is the single most important opportunity for the
County to obtain matching funds in implementing the recently
approved $26 million environmental lands acquisition bond
referendum.
5
n
FEB 9 1993 BOOK 88 F�k,-i i
BOOK 88 PAGE 778 -7
P2000 funds are the primary monies of the Conservation and
Recreation Lands (CARL) program, the Florida Communities Trust
(FCT) program, and the St. Johns River Water Management District
(SJRWMD) land acquisition program, among others. P2000 funds will
potentially be used in the acquisition of virtually all of the
county LAAC sites presently under consideration.
RECOMMENDATION
Staff recommends that,the Board of County Commissioners adopt the
attached resolution in support of fourth year appropriation of
funding for P2000, and in support of the State pursuing a permanent
funding source for the remaining seven years of the program.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-27, urging the continued appropriation
of funding for Preservation 2000, as recommended by
staff.
Resolution No. 93-27
A RESOLUTION OF INDIAN RIVER COUNTY,,FLORIDA
URGING THE CONTINUED APPROPRIATION OF FUNDING
FOR PRESERVATION 2000.
WHEREAS, the citizens of Indian River County have advanced
environmental land preservation effortswith voter approval to
locally fund a county wide preservation program; and
WHEREAS, Preservation 2000 is a ten-year program designed to
acquire and therefore save Florida's best remaining natural land,
and is the State's most comprehensive land protection program; and
WHEREAS, Florida's rate of population growth and conversion of
natural areas continue to threaten our natural systems; and
WHEREAS, Preservation 2000 offers an opportunity for funding
partnership between Indian River County and the State to protect
environmentally significant lands and support the implementation of
our county comprehensive plan; and
WHEREAS, Indian River County recognizes the importance of
Preservation 2000 in enabling the implementation of conservation
goals, growth management and comprehensive land use plans;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. That the Indian River County Board of County
commissioners hereby urges the Legislature of the State of Florida
to :
A. Appropriate funding for Preservation 2000 for the
upcoming year.
B. Pursue a permanent funding source for the remaining
seven years of the Preservation 2000 program.
6
im
Section 2. This Resolution shall become effective immediately
upon adoption.
THE RESOLUTION was moved for adoption by Commissioner
Fggert , the motion was seconded by
Commissioner Adams , and upon being put to a vote, the
vote was as follows:
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
_ Commissioner Kenneth R. -Macht dye
Commissioner Fran B. Adams —Aye
The Chairman declared the resolution duly passed and adopted
this 9 day of February
, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By -- ��
'Richard N. Bird
Chairman
D. Release of County Assessment Liens
The Board reviewed memo from Legal Assistant Nancy Mossali
dated January 27, 1993:
TO: The Board of County Commissioners
FROM: Nancy H. Mossali - County Attorney's Office
DATE: January 27, 1993
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS
A routine form of Release has been prepared for Assessment Project No. 8709
(paving and drainage improvements to 42nd Avenue from 10th Street to 12th
Street in Malaluka Gardens Subdivision) to release. paid assessment liens*
from the below listed properties:
° Lot 10, Block A, Malaluka Gardens Subdivision
iv J of -.Lot 12 and all of Lot 13, Block A, MaWuj&a wardens
Subdivision
° Lot 16 and S J of Lot 17, Block A, Malaluka Gardens Subdivision
° N J of Lot 17 and all of Lot 18, Block A, Malaluka Gardens
Subdivision
° Lots 1 and 2, Block B, Malaluka Gardens Subdivision
WA
In
BOOK 88 F -AAE 779
L.._FEB 91993
0
0
0
0
0
0
0
BOOK 88 P, {E; 1.
Lot 3, Block B, Malaluka Gardens Subdivision
Lots 6 and 7, Block B, Malaluka Gardens Subdivision
Lot 6, Block L, Malaluka Gardens Subdivision
Lots 9 and It', � � i! alalu' 1--`)n:,7 Sa ,, bdivision
Lot 11, Block M, Malaluka Gardens Subdivision
Lot 14 and S 30' of Lot 15, Block M, Malaluka Gardens Subdivision
Lot 20, Block M, Malaluka Gardens Subdivision
It is requested that the Board authorize the Chairman to execute said
Release.
* Properties herein being released from Project No. 8709 are fully described
in the assessment roll attached to Resolution No. 90-162 recorded at O.R.
Book 943, Page 1480, Public Records of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the routine form of release of assessment liens as
listed in staff's memorandum.
RELEASE OF LIENS IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER
CO. - ORIGINAL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated
January 29, 1993:
TO: Board of yC)ounty Commissioners
*AL)e
- r'S its
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 29, 1993
RE: CONSENT AGENDA - BCC MEETING 2/9/93
RELEASE OF UTILITY LIENS
The following lien -related documents are prepared in proper form for
the Board to authorize the Chairman to sign them:
1. Release of Special Assessment Lien from
Breezewood Water Project in the names of:
PHILLIPS
2. Release of Special Assessment Lien from
Courtside Water Project in the names of:
FREDERICK
8
3. Release of Special Assessment Lien from
Glendale Lakes Water Project in the names of:
PARENT
4. Release of Special Assessment Lien from
Seminole Shores Water Project in the names of:
LAMBETH
5. :Release of Special Assessment Lien from
SR 60 Sewer Project in the names of:
Map 40 - HERON CAY - 20 CLYPSO CAY
6. Release of Special Assessment Lien from
Kings Highway Water Project in the names of:
COPPAGE
STENGER (2)
7. Release of Special Assessment Lien from
Phase I Water Project in the names of :
BARNETT
LOWTHER
BERGER
OVERTON
BOTTOMLEY
PANICO
BROWN
PITMAN
BRUGEL
TOMASEK
CARTENSEN
TROESE
DUNN '
WHITTEN
ENGLAND
WISEMAN
GOLLNICK
WOHLFARTH
GREENE
WOLD
GUADAGNO
WOOD
GUIDE
ZANOTTI
7. Release of Special Assessment
Lien from
9 River Shores Water Project in
the names of:
CORNWELL/YOUNGHOUSE
HOLMES
HOMMELL
LYDSTON
VELIE
8. Release of Special Assessment Lien from
Summerplace Water Project in the names of:
MATTHEWS
MOLZ (2)
9. Release of Special Assessment Lien from
12 Street Water Project in the names of:
BANNER
MASTERS
MURDOCK
POWER
WALTON
WILLIS
10. Satisfaction/ Impact Fees:
JONES
LOWTHER
ODOM
ROBINSON
WHYLLY
9
FEB 91993 to 88 Pmu 781
r FEB 9 1993 BOOK 88 FacF 78-2 -7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the releases of liens and satisfactions of impact
fees listed in staff's memorandum.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
F. Ordinance Amendincr Section 307.02 Concerning Parking Spaces for
Certain Handicanned Persons Request for Public Hearing
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated February 2, 1993:
TO: Board of County Commissioners Alh
JWW
FROM: Terrence P. O'Brien - Assistant County Attorne
DATE: February 2, 1993
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
AMENDING SECTION 307.02 CONCERNING PARKING
SPACES FOR CERTAIN HANDICAPPED PERSONS.
A public hearing date of March 9, 1993 is suggested for the subject
ordinance.
Commissioner Eggert noted that this amendment is to correct
the ordinance and is a good change.
Chairman Bird agreed and added that the amendment would bring
our ordinance in compliance with the City of Vero Beach ordinance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing on March 9, 1993 to consider an
ordinance amending Section 307.02 concerning parking
spaces for certain handicapped persons.
We
G. Ordinance Amending Section 100. 05, IRC Code to Make the General
Penalty Provisions Anulicable to Ordinances Prior to Codification
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated February 2, 1993:
TO: Board of County Commissioners f�
FROM: Terrence P. O'Brien - Assistant County Attorney4 `�
DATE: February 2, 1993
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA
AMENDING SECTION 100.089 INDIAN RIVER COUNTY
CODE TO MAKE THE GENERAL PENALTY PROVISIONS
APPLICABLE TO ORDINANCES PRIOR TO
CODIFICATION.
A public hearing date of March 9, 1993 is suggested for the subject
ordinance.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing March 9, 1993 to consider an
ordinance amending Section 100.05 of the Code to
make the general penalty provisions applicable to
ordinances prior to codification.
H. Subordination_ of County Lien - Impact Fee Extension Agreement
The Board reviewed memo from Lea R. Keller, CLA, dated January
27, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
gieA, JP -Y-4�
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 27, 1993
RE: SUBORDINATION OF COUNTY LIEN
IMPACT FEE EXTENSION AGREEMENT
The County has an outstanding impact fee extension agreement that
created a lien on a certain piece of property which is owned by John L.
Hickey. Mr. Hickey, the property owner, is refinancing his mortgage,
and the mortgagee has requested the County consent to it being the
first lien holder on the property. Since, in this case, the County lien
Is not superior to the mortgage, this - request is agreeable to the
Department of Utility Services.
REQUESTED ACTION: Request the Board consent to the County
Administrator's signing the attached Subordination on behalf of the
County.
11
BOOK
FE91993
r FEB BOOK
919��
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
and authorized the County Administrator to execute
the Subordination on behalf of the County, as
recommended by staff.
88 FACE 784
SAID SUBORDINATION AGREEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
I. Cancellation of Outstanding Taxes - Property Purchased for
County Use
The Board reviewed memo from Lea R. Keller, CLA, dated January
27, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
9/-A- R.
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 27, 1993
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTY PURCHASED FOR COUNTY USE
The County has recently acquired two parcels for right-of-way
purposes on County Road #512, 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: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-28 and Resolution 93-29 cancelling
certain delinquent taxes upon publicly -owned lands,
as recommended by staff.
12
Re: R/W County Road #512
Sebastian Paradise Ltd.
l�giL.l) ►..LSSU/ V k . 53
RESOLUTION NO. 93- 28
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN DELINQUENT
TAXES UPON PUBLICLY -OWNED LANDS, PUR-
SUANT TO SECTION 196.281 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 958, Page 2667, which was recently acquired by Indian River
County for right of way purposes on C.R. #512, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded b Commissioner Adams
y , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this
9 day of
February , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By`�
.Richard N. Bird
Chairman '
13
�ooK 8 8 [.arE 7 5
FEB 91993
I FEB 91993
Re: R / W County. Road #512
Norpak Corporation
BOOK
1/ 27/93 (legal) ttt:SSO / vlc. 54
RESOLUTION NO. 93-_2c_
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 958, Page 0877, which was recently acquired by Indian River
County for right of way purposes on C.R. #512, are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Adams , and, upon being.
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The 'Chairman thereupon declared the resolution duly passed and
adopted this 9 day of February 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By �
Richard N. Bird
Chairman
14
786
J. Amendment to FIND Grant Agreement for Environmental Learning
Center
The Board reviewed memo from Public Works Director Jim Davis
dated February 2, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Amendment to FIND Grant Agreement for
Environmental Learning Center
DATE: February 2, 1993
DESCRIPTION AND CONDITIONS
FILE: elcamend.agn
On January 25, 1991, Indian River County received a $175,000
Waterways Assistance Project Grant for construction of an
environmental learning center consisting of classroom
laboratories, auditorium, dock spaces, nature trails, canoe
trails, boardwalks, environmental resource library and office
space for various governmental agencies enabling educational
programs to be taught.
The agreement required the project be completed on/or before
January 25, 1992, however, due to unforeseen delays, on January
2, 1992, staff requested and was granted an extension of time on
February 6, 1992 with a new completion date of January 1, 1993.
An additional $30,000 was requested and granted. These funds
were received in October, 1992 for completion of the upland and
wetland interpretive trail system. Since that time construction
of the center has been completed (status report attached).
An additional extension of time is now being requested for
processing of invoices and completion of necessary inspections.
The attached Amendment extends the project completion deadline to
January 24, 1994.
RECOMMENDATIONS AND FUNDING
Staff recommends -that the Chairman be authorized to execute the
attached Project Agreement Amendment.
No funding is required.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the FIND Grant Project Agreement Amendment for the
Environmental Learning Center, as recommended by
staff.
PARTIALLY EXECUTED AGREEMENT AMENDMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
15
FEB91993 Bm 8 8 F,,irF 787
BOOK O® F,�F 788 -7
K. Proposed Ordinance Chapter 202 Reclaimed Water Ordinance
The Board reviewed memo from Utility Services Director Terry
Pinto dated:
DATE: JANUARY 25, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PI
DIRECTOR OF UTI TY SERVICES
PREPARED ROBERT O. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: RECLAIMED WATER ORDINANCE
PROPOSED INDIAN RIVER COUNTY ORDINANCE, CHAPTER 202
BACKGROUND
On August 29, 1991, the Department of Environmental Regulation
issued a permit for construction of a reclaimed water pipe from Sea
Oaks WWTF to the town of Orchid and Windsor Polo development. The
reclaimed water pipe was necessitated by the proposed expansion of
Sea Oaks WWTF for effluent disposal. The requirement of said permit
is that the County establish procedures for user controls and
construction practices in the development of a reclaimed water
ordinance to regulate a possible cross connection to a potable
water main, Rule 17-610, F.A.C.
ANALYSIS
The attached proposed ordinance addresses customer classifications,
prohibited uses of reclaimed water, applications for connection to
the reclaimed water system, system identification, cross -connection
control practices, with minimum separation to other pipes, as
required by Rule 17-610, F.A.C.
RECOM 1ENDATION
The Department of Utility Services recommends that the Board of
County Commissioners consent to the department's advertising to hold
a public hearing on Marc# 9, 1993.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing on March 9, 1993 to consider a
Reclaimed Water ordinance, Chapter 202.
L. Jim Granse Appointed to Land Acquisition Advisory Committee
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Jim Granse to the Land Acquisition Advisory
Committee.
16
M. Appointments to Beach Restoration Advisory Committee
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Virginia H. Mann and Michael N. Vanatta to the Beach
Restoration Advisory Committee.
N. Appointment to the Planning and Zoning Commission
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Dorothy A. Hudson to the Planning and Zoning
Commission.
PUBLIC HEARING - PAVING AND DRAINAGE IMPROVEMENTS TO 91ST AVENUE
BETWEEN 79TH STREET AND 87TH STREET - VERO LAKE ESTATES SUBDIVISION
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 i I,-
Published Daily o ,��� �i,9, a
Vero Beach, Indian River County, Flo a �S�
COUNTY OF INDIAN RIVER: STATE OF FLORIDA ��l 0."
Before the undersigned authority personally appeared J. J. Schuman l� r�! 6ma t 1
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspape? �t'ifiT shed
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
IFIL•
a
In the matter
In the , Court, was pub-
/7
--lashed an 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 subscribe before me this � day f A.D. 19,�_
i
'(Elusiness Manager)
17
LFEB 19 �ooK
789
- RESOLUTION NO. 93-2
A RESOLUTION OF 'THE BOARD OF
COUNTY COMMISSIONERS OF JNDIAN
'RIVER COUNTY, FLORIDA, PROVIDING
• FOR CERTAIN PAVING , AND' DRAINAGE
IMPROVEMENTS TO 91ST AVENUE
FROM 79TH STREET TO 87TH -STREET',, ,
IN VERO LAKE ESTATES SUBDIVISION,
PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF AS-
SESSMENTS, NUMBER OF ANNUAL IN-
STALLMENTS, AND LEGAL DESCRIP-; :
TION OF THE, AREA SPECIFICALLY
BENEFITED.WHEREASDepartment
has been petitioned fothe r Roaty dh Paving and Drainage
Irnprovernent for 91st Avenue from 79th Street to
877th Street In Vero Lake Estates Subdivision.
WHEREAS, the construction of paving and dratn-
auuttho�ed Chaptvements er saSSMI ifunding IS
208, Section 206.01 through
206.09, Indian River County Code; and lost esS.
mates and pre&rdmary assessment rolls have been '
completedthe Public Works Departrnenh and the
tototalestknatbbyy ed cost of the Eproposed HUNDRED
paaving arid,
drainage Improvts IsNINETY
NINE 'THOUSANDDSSEVEN HUNDRED SIXTY FOUR
DOLLARS and THIRTY-SIX CENTS (199,764,36):
and I
WHEREAS, the- special assessment provided her-
eunder shag, for any givenn record owner of property
within the area specially benefited, be assessed to
the owner at the rate of $2.00 per front foot. The
amount to be assessed under the Special Assess-
ment Is $19,138.50 which Is approximately 9.56%
+- of the total estimated cost of the project, and the
balance of $180,625.86 shag cane from other reve-
nue sources; and
WHEREAS, the special assessment shag becone
d;aa and payable at the Office of the Ta* Collector
o` Indian River Coun ninety (90) days after the
final determination of the spial assessment pursu-
MA
to Sectim 206.08, Indian River County Code;
WHEREAS, any special assessment not paid
within said ninety (90) day period. shag bear interest '
the
BBooard oond f
ftne due County ate miss rate swat the the of
preparation.of the final assessment roll, and shag be
payable in two (2) equal insta0ments, the first to be
made twelve(12) months iron the dna date and
subsequent payments to be due yearly; and
-7 BOOK 88 pvF 700
WHEREAS,' after examination of the nature and
anticipated usage of the Improvements, .
the Board of �skm_ 9 has deter-
mined that the following described properties shag
receive a &act and special benefit from these im-
provements, to wit:
Lots 5 & 6, Block 1; Ldts 5 & 6, Block 2;
Lots 5 & 6, Block 3; Lots 5 & 6, Block • 4;
Lots t & 12, Block 5; Lots 1 & 12, Block 6;
Lots 1 & 12, Block 7; Lots 1 & 12, Block 8
Vero Lake Estates, Unit 1, Plat Book 4,
P�aggee 4Coun1• toyf the Public Records of Indian,
Lots 9 - 16, Block 11; Lots 1 - 8, Block 12
Vero Lake Estates, Unit 2, Plat Book 4,,
Rives C5o2mtovf • the Public Records of Indian
Lots 9 - 16, Block 15; Lots 1 - 8, Block 16 • .,
Vero Lake Estates, Unit 3, Plat Book 4, :.
Page C559untoyf the Public Records of Indian
RimLots 9 - 16, Block 19; Lots 1 - 8, Block 20
Vero Lake Estates, Unit 4, Plat Book 4,
PPaggeeC8o88 orf the Public Records of. Indian .'.
NOW THEREFORE, BE iT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS, OF IN
DIAN RIVER COUNTY, FLORIDA, as follows: •
1. The foregoing recitals are affirmed and ratified
I. their entirety.
2. A project provdlnq for paving and drainage In-
provemen to 91st Avenkre from 79th Street to
87th Street in Vero Lake Estates Subdivision; here-
tofore designated as Public Works Project No. 9211
.19. hereby approved subject
egtuotrethe terms outlined
above and all a
206, et seq. Indian t�County Code�th Chapter
foregoingThe resolutm kwas offered b
anomer Fy CaroNs-
ggert who moved Its adoption. The motionwas seconded by Commissioner Adams and, upon .
being put Commis ion erCarol n K. Eggwas
erats follows-
Commissioner
ollows A
Commissioner Richard N. BId r 'Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Malo Aye +
Commissioner John W. Tippn - Ave
The Chairman thereupon declared the resokidan
passed and adopted this 5 day of January, 1993.
BOARD OF COUNTY COMMISSIONERS '
INDIAN RIVER COUNTY, FLORIDA
By -s -Richard N. Bird
Attest: Chairman
-W.K. Barton
By:-s-Patrida Bargo Held, D.C. •r ,
Jan. 26.1993 968971',
Civil Engineer Michelle Gentile commented. from the following:
18
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E. i --
County Engineer
FROM: Michelle A. Gentile, C.E. .
Civil Engineer
SUBJECT: Public Hearing for the Paving & Drainage Improvements to
91st Avenue between 79th Street and 87th Street in Vero
Lake Estates Subdivision
DATE: January 20, 1993
DESCRIPTION AND CONDITIONS
On January 5, 1993 the Board of County Commissioners adopted
Resolution No. 93-2 providing for certain paving and drainage
improvements to 91st Avenue between 79th Street and 87th Street in
Vero Lake Estates Subdivision.
This project is a Public Works Department initiated public
improvement assessment in cooperation with the Vero Lake Estates
Property Owners Association Road.& Drainage Committee.
On January 5, 1993 the Board of County Commissioners adopted
another Resolution 93-3 setting the date and time for a Public
Hearing to discuss the advisability, cost and amount of the
assessment against each property owner. This hearing is scheduled
for February 9, 1993.
RECOMMENDATION AND FUNDING
The project cost is estimated to be $199,764.36. The following
Revenues are recommended:
Vero Lake Estates
MSTU as approved in 1991 $180,625.86 (90.4±%)
Special Assessment ---19.138.50 ( 9.6±%)
TOTAL $199,764.36
Staff recommends the Board of County Commissioners approve the
assessment roll and confirming resolution with changes, if any,
made after input at the February 9, 1993 Public Hearing. Revised
confirming resolution and assessment roll will be forwarded to
Chairman of the Board for signature. The Assessment Roll and
assessment plat are on file with the Clerk to the Board of County
Commissioner's office.
19
EB 9 103 BOOK 88 F•��F. 1 ��,
H
BOOK F,k
-F 7.9
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-30 confirming the assessment roll for
certain paving and drainage improvements to 91st
Avenue between 79th Street and 87th Street in Vero
Lake Estates Subdivision, as recommended by staff.
RESOLUTION 93-30, WITH ASSESSMENT ROLL ATTACHED,
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
Confirming (Third Reso.) 11/30/92(ENG)RES3.MAG\gfk
RESOLUTION NO. 93-3Q_
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
_THE ASSESSMENT ROLL FOR CERTAIN PAVING AND
DRAINAGE IMPROVEMENTS TO 91ST AVENUE BETWEEN
79TH STREET AND 87TH STREET. IN VERO'LAKE
ESTATES SUBDIVISION.
WHEREAS, the Board of County Commissioners of Indian River
County adopted by Resolution No. 93-2, providing for certain
paving and drainage improvements to 91st Avenue between 79th
Street and B 7th Street in Vero Lake Estates Subdivision; 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 as required by
Section 206.06, Indian River County Code; and.
WHEREAS, the Board of County Commissioners of' -Indian River
County.passed Resolution No. 93-3, on January 5, 1993, 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
all
Y
WHEREAS, notice of the time and place of the public
hearing was published in the Vero Beach Press Journal
Newspaper on January 26, 1993, and February 2, 1993, (twice
one week apart, and 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. February 9. 1993 at 9:05 A.M. conducted
the public hearing with regard to the special assessments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their
entirety.
2. 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.
3. 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
Eggert , and the motion was seconded by Commissioner
Adams ; and, upon being put to a vote, the vote was as
follows: '
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 9 day of February , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N. BIRD,
Chairman
21
0
FEB 91993 80OK 88 Face 793
FEB 9 1993
BOOK 88 PnF. 794 -7
PUBLIC HEARING — INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO CONSTRUCT AN ELEVATED WATER STORAGE
FACILITY
The hour of 9:05 o'clock A. M. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
� l�G'
NOTICEHEAR �G I
In the matter of—yz/&
oftoFPUBIJC
Notice`of of spe•
consider the for an
ciat exception stor-
age t The �W PoPtY is presentlyowned
Indian 21.
by
Flerniq OraRnL SSo � abovedn apellocattion.on
A public hearing at which parties in interest and
dozens shag have an oppornadty to be heard, w9
in the Court, was pub-
, Of
be heldp� ��, Viain
Indian
Build-.
`
sion Chambers of the County Admirdstratton
Ing boated at 1940 25th street, Vero 68801%Fbr-'
lished in said newspaper in the issues of
is on Tuesday, February 9,1993 at 9:05 am.
'—
Anyone who may wish to appeal arty derision
to
why may be made at this mee wip need en
sure that a verbatim record of the proceedings Is.
made. which includes testlmony .and evidence upon
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
w1> the aOppN�Es� IS based.
COMMODATION FOR THISE EETINO I
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
MUST CONTACT THE COUNTY'S AMER-
been continuously published in said Indian River County, Florida, each daily and has been
ICANS WITH DISABILITIES ACT iADA)
I4488THOURS
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
LEASTCOO
INSADVANt CxOF THE
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
MEETING."
INDIAN RIVER COUNTY
advertisement; and affiant further says that he has neither aid nor promised an
y P P Y Person, firm
Board of CountyCmmrs'
or corporation any discount, rebate, commission or refund for he purpose of securing this
for publication in the said newspaper.
By-s-RichardN. Bird,Chaimm "12advertisement
JWL20,1993
Sworn to and subscribed before rri ^ day of D. 19
(Business Manager)
The Board reviewed memo from Current Development Staff Planner
John McCoy dated January 27, 1993:
22
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Reatincj, AIgq
Community Development irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy /�*
Senior Planner Current Development
DATE: January 27, 1993
SUBJECT: Indian River County's Request for Special Exception Use
Approval to Construct An Elevated Water Storage Facility
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 9, 1993.
DESCRIPTION AND CONDITIONS:
The H.F. Lenz Company has submitted an application on behalf of the
Indian River County Department Of. -Utility Services for minor site
plan and special exception use approval to construct a 130'
elevated water storage tank. The proposed tank will be located in
Roseland behind the existing Riverwalk Shopping Center, at 14001
U.S. Highway #1. The subject property is zoned RM -6, which
requires special exception use approval for a water tower (limited
utility use).
Pursuant to Section 971.05 of the LDRs, the Board of County
Commissioners is to consider the appropriateness of the requested
use based on the submitted site plan and the suitability of the
site for that use. The Board may approve, approve with conditions
or deny the special exception use and may attach any conditions and
safeguards necessary to mitigate impacts and to ensure
compatibility of the use with the surrounding area.
The Technical Review Committee (TRC) has approved the applicant's
request for minor site plan approval. At its January 14, 1993
meeting, the Planning and Zoning Commission voted unanimously to
recommend that the Board of County Commissioners approve the
special exception use. If the Board of County Commissioners
approves the special exception use request, then the minor site
plan approval will become effective.
ANALYSIS:
1. Size of Development Area: 43,559 sq. ft. or 1 acre
2.
3.
Zoning Classification: RM -6, Residential Multi -Family (up to
6 units per acre)
Land Use Designation: L-2, Low Density 2 (up to 6 units per
acre)
23
FE 9 �9� WK�� F'•6E 795
r aooK FEB 100 88 Pa ;- -1�7 6
4. Tower Pedestal Area: 1,590 sq. ft.
5. Total Impervious Area: 1,741 sq. ft. (pedestal and stabilized
parking/driveway area)
6. Open Space: Required: 40%
Provided: 77%
7. Traffic Circulation: The project will be 'accessed through the
rear of the existing Riverwalk Shopping Center over an
existing access easement. The project will utilize a 22' two-
way driveway to access the site.
S. Off -Street Parking: Required: 1 space
Provided: 1 space
It is anticipated that 1 vehicle per week will visit the site.
The one parking space will be provided on the proposed
stabilized, unpaved driveway. At its January 14, 1993
meeting, the Planning and Zoning Commission determined that
the project is an infrequent use and approved the use of
unpaved, stabilized parking and driving areas pursuant to Land
Development Regulations Section 954.08(4).
9. Stormwater Management: The stormwater management plan meets
all minor site plan drainage criteria and has been approved by
the Public Works Department.
10. Landscape Plan: The landscape plan is in conformance with
Chapter 926, including Type "A" buffers on the north and west
sides of the subject development. All buffer and landscaping
requirements will be satisfied through the preservation of
existing vegetation.
11. Utilities: The facility will be unmanned; therefore, no
sanitary facilities will be required.
12. Dedications and Improvements: None are required.
13. Concurrency: No concurrency certificate is required for this
project, since no intensification of the site is proposed that
would substantially impact traffic, drainage, parks, solid
waste or utilities demand.
14. FAA Requirements: The applicant has filed notice with the FAA
for the construction of the tower. As of the writing of this
report, the FAA is currently reviewing the proposal to make a
determination on any lighting requirements. Prior to site
plan release (and thus, project construction), the applicant
will need to submit documentation to planning staff from the
FAA regarding the lighting requirements. Staff will ensure
that FAA requirements are satisfied.
15. Specific Land Use Criteria:
A. Between all above -ground facilities (except distribution
and collection facilities) and adjacent property having
a residential land use designation, a Type "B" buffer
(reduce to Type "C" where abutting a local roadway,
reduce to "D" buffer where abutting a thoroughfare plan
roadway) (with six-foot opaque screening) as specified in
Chapter 926, Landscaping, shall be provided;
24
B. All below -ground high voltage cables within a utility
right-of-way shall be make known to the public through
the use of signs posted therein;
C. In all zoning districts except the industrial districts,
all equipment, machinery and facilities which cannot by
their size or nature be located within an enclosed
building shall be separated from adjacent properties
having a residential land use designation by a Type "D"
buffer (with six-foot opaque screening) as specified in
Chapter 926, Landscaping;
D. Driveways located in close proximity to adjacent
properties having a residential land use designation
shall provide a six-foot opaque screening between the
driveway and adjacent property. An eight -foot opaque
screen may be required if deemed necessary to mitigate
noise and visual impacts.
Staff has verified that this application meets all applicable
specific land use criteria.
16. Surrounding Land Use and Zoning:
North: Vacant/RM-6
South: Riverwalk Shopping Center Expansion/CG
East: Riverwalk Shopping Center/CG
West: Vacant/RM-6
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners approve the special exception use request.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the special exception use for an elevated water
storage facility, as set out in staff's memorandum.
PROPERTY EXCHANGE WITH TOWN OF INDIAN RIVER SHORES
County Administrator Jim Chandler made the following
presentation:
25
FEB 91993 BOOK F,,�lu ?-97
BOOK 88 798
TO: Board of County Commissioners DATE: January 29, 1993 FILE:
SUBJECT: Property Exchange with
Town of Indian River Shores
G�'-�' f
FRO James E. Chandler REFERENCES:
County Administrator
In the fall of 1991, the County and the Town of Indian River Shores began
negotiations for the sale and/or trade of the County property adjacent to
Tracking Station Park for Gifford Park. At the January 21, 1992 meeting, the
Board approved exchange of the properties in question with conditions. The
Town Council also approved the proposal at its January 23, 1992 meeting. At a
public hearing on March 10, 1992, the Board approved the transaction by
adopting Resolution 92-46.
In July, 1992, the Town expressed objection to payment of the cash differential
if the abutting Tracking Station property were to be limited to public use. The
Board at its July 14, 1992 meeting considered the matter and clarified the
conditions. Chairman Eggert transmitted these conditions to the Town by letter
dated July 16, 1992. The specific conditions for the trade of the properties are:
1) the property shall be restricted to public use, 2) the County shall retain the
right of first refusal on a sale to another public entity, and 3) Indian Raver
Shores pay the County $125,000.
The Town Manager, by letter dated January 19, 1993, has requested that the
Board reconsider our position. There is no change in the Town position from
that considered by the Board at the July 14, 1992 meeting.
Unless the Board believes there is merit in modifying the conditions, I would
recommend that the matter not be pursued any further.
Chairman. Bird pointed out that the Parks and Recreation
Committee considered this item several months ago. The feeling at
that time was that we would like to have both pieces of property.
However, there probably is a more pressing need for expansion of
the Gifford Park project because there is oceanfront property for
recreational use north of Wabasso as well as parks within the City
of Vero Beach which are near the Tracking Station Park. Chairman
Bird asked whether the Town of Indian Shores planned to create a
park with beach access for the residents of the Town of Indian
River Shores. He felt that this is an attractive piece of property
which could be developed into a passive park with a few picnic
tables and minimum parking.- The County owns the property east of
the property in question and would cooperate and allow a :dune
crossover to the beach.
26
Bob Schoen, vice mayor of Indian River Shores, stated that
Indian River Shores Town Council did consider use of the property
for recreation because there is a need for beach access in that
area. However, they are interested in that property because they
have the larger problem of stormwater runoff going down the storm
sewers and directly into the lagoon. Indian River Shores is
required by their comprehensive plan to eliminate that runoff
situation by establishing retention ponds. Their plan includes a
retention pond with a walkway around it for access to the beach.
The Indian River Shores Town Council disagrees with the cash
differential because it was their understanding that the $125,000.
-.represented a difference in fair market value of the two properties
at their highest and best use. The oceanfront property is no
longer available for its highest and best with a restriction for
public use on it. Mr. Schoen hoped the Commission would reconsider
the matter and either agree to the land swap plus $125,000 with no
restrictions, or if the Commission feels strongly that the
restriction is necessary, then drop the $125,000 cash differential
because the beachfront property is no longer available for its
highest and best use.
County Administrator Jim Chandler explained that both
appraisals were done at the highest and best use. The appraised
value on the property adjacent to Tracking Station Park was
$700,000 and on the Gifford Park property it was $575,000. The
highest and best use in both cases would be residential.
Chairman Bird felt that since both properties were appraised
at the highest and best use, and both would have the restriction of
public use, the difference in value of $125,000 is a fair deal.
Mr. Schoen thought that the distinction between the two
properties is that the Gifford Park property already is dedicated
to public use, whereas the beachfront property is residential. He
thought the Indian River Shores Town Council would prefer to have
a reappraisal if that is the Commission's proposal.
Commissioner Eggert thought we should have appraisals on both
properties based on public use.
Commissioner Adams felt that it might cost $125,000 if Indian
River Shores took the property and constructed the retention pond
and walkaround. Conversely,, the cost might be the, same if the
County built a passive park there. For that reason she felt that
it should be handled as an even swap with no cash involved. In
that way the County would be contributing'to the environment also.
Administrator Chandler pointed out that we have use of Gifford
Park to the year 2000. If we retained possession of the beachfront
property to that time, we could sell it and purchase the Gifford
27
L_ FEB 91993 BOOK 88 F k,u 799
r FEB 91993
BOOK 08 M) 8100
Park property and still have dollars left over. He further thought
that with the exchange of land and the exchange of dollars the
County would have clear title to the Gifford Park property, the
Town of Indian River Shores would have a piece of property for
public use, and the public would benefit in all respects.
Chairman Bird stated that since this item was first addressed
he has viewed it from all aspects and concluded that both
properties were appraised at the highest and best use and there is
$125,000 difference in value. There have been recent sales and the
new comparables could determine that the property value might be
higher now. He felt the deal was fair because both properties
would have a restriction for public use.
Commissioner Eggert clarified, and Mr. Schoen confirmed that
the Indian River Shores Town Council suggested two alternatives:
a straight land swap with the restriction for public use on the
beachfront property, or the land swap without the restriction but
with the additional sum of $125,000 paid by the Town of Indian
River Shores to the County. Mr. Schoen felt sure that the
difference in value would change if an appraisal were done on the
present use of Gifford Park and the inherent use of the beachfront
property.
Chairman Bird felt so strongly that the difference in value
does exist that he could be talked into making the trade with the
cash payment and without the restrictions.
Mr. Schoen stated that the Town of Indian River Shores would
be delighted with that deal.
Commissioner Macht wondered if a modified restriction would be
more agreeable to the Town of Indian River Shores, but Mr. Schoen
stressed that the money is the bothersome item.
Chairman Bird reminded everyone that there was a third string
attached which is the right of first refusal on both properties,
and Mr. Schoen stated that the right of first refusal was
acceptable to him.
Commissioner Eggert pointed out that the County would be in a
difficult situation if we traded the beachfront property now and
the Town of Indian River Shores put it up for sale and we were
asked to repurchase it at half a million or a million dollars.
Chairman Bird was willing to drop the public use provision and
keep the cash differential.
Commissioner Eggert asked whether that was Mr. Schoen's
preference, and Mr. Schoen thought they could live with it either
way. He just wanted to come to a conclusion on this item.
Commissioner Macht suggested a motion to swap the two pieces
of property, the Town of Indian River Shores pay to the County the
28
® M _
sum of $125,000, and each would have the right of first refusal in
the sale of either property.
County Attorney Charles Vitunac reminded the Commissioners
that we must have a public hearing.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously set a
public hearing on March 16, 1993 at 9:05 a.m. to
consider the property exchange with the Town of
Indian River Shores.
APPROVAL OF HEARING DATES FOR TWO EVENING BOARD HEARINGS TO
CONSIDER LAND DEVELOPMENT REGULATIONS AMENDMENTS
Community Development Director Bob Keating commented from the
following:
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Rb-bertM. Keating, AI
Community Development irector
FROM: Stan Boling�ICP
Planning Director
DATE: January 28, 1993
SUBJECT: Approval of Hearing Dates for Two Evening Board Hearings
to Consider LDR Amendments
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 9, 1993.
BACKGROUND:
Since October 1, 1990, the Florida Statutes has required two
evening meetings of the Board of County Commissioners whenever
amendments to the Land Development Regulations (LDRs) are to be
considered and adopted. To minimize the number of required evening
meetings, staff has limited the number of times the LDR's are
amended. This has been done by holding proposed LDR amendments
until a sufficient number of amendments exist.
29
FEB 91993 BOOK 8 F-ncr 801
FEB 9 1993
BOOK 88 P,t,E $02
At this time, there are several proposed LDR amendments which now
require consideration and action by the Board of County
Commissioners. These LDR changes have been initiated by
applicants, county staff, the Professional Services Advisory
Committee (PSAC), and the Affordable Housing Advisory Committee
(AHAC). In addition, this set of LMR amendments includes the
proposed "Airport Zoning Ordinance" which is mandated by state law.
Both the PSAC and the Planning and Zoning Commission have now
considered and made recommendations to the Board regarding all or
a portion of the proposed LDR amendments. To proceed with the
review and approval process for the amendments, the Board must now
set dates and times for the required two evening public hearings.
ANALYSIS AND ALTERNATIVES:
Most of the proposed amendments were considered by the Planning and
Zoning Commission at its January 14, 1993 meeting. The Commission
also considered the proposed Airport Zoning Ordinance at its
January 21, 1993 workshop and is scheduled to consider the
ordinance again at its February 11, 1993 regular meeting. The
Board of County Commissioners must now hold its meetings.
State requirements mandate seven day notice (newspaper
advertisement) prior to the first meeting, five day notice prior to
the second meeting, and at least two weeks between 'tba__two
meetings. The meetings must be held after 5:00 p.m. In addition
to these normal LDR amendment advertising requirements, special
advertising requirements apply. to the Airport Zoning Ordinance
proposal.
While most of the proposed amendments are non -controversial, some
items will require significant discussion, most notably the Airport
Zoning Ordinance.
*)ne set of hearing dates which would comply with all the state
equirements is:
MEETING DATE TIME
1. Tuesday, March 2, 1993 5:01 p.m.
2. Thursday, March 18, 1993 5:01 p.m.
Staff has tentatively reserved use of the Commission Chambers for
these proposed dates. The Board may establish any other dates that
meet state requirements and during which the Chambers may be used.
RECOMMENDATION:
Staff recommends that the Board establish meeting dates for the two
evening public hearings required to consider and adopt the proposed
LDR amendments.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously scheduled
public hearings on March 2, 1993 at 5:01 p.m. and on
March 18, 19.93 at 5:01 p.m. to consider amendments
to the Land Development Regulations, as recommended
by staff.
30
NEW JUDICIAL COMPLEX PROPERTIES - ADDITIONAL PROPERTIES
General Services Director Sonny --Dean made the following
presentation:
DATE: FEBRUARY 2, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICE
SUBJECT: NEW JUDICIAL COMPLEX PROPERTIES
BACKGROUND:
In 1991, the Board of County Commissioners approved a staff
recommendation that included the construction of a new courthouse and
parking garage which would meet space requirements for our judicial
system until the year 2010. To facilitate the construction of this
facility would require purchase of Block 45 and all but four lots in
Block 44. These remaining four lots would be needed to construct a
office building for the State Attorney and Public Defender in 2010.
Last year, the Board instructed staff to pursue the purchase of these
remaining four lots for future use, provided they could be obtained
at a reasonable price. The original appraisals were updated and
contact was made with the property owners.
James W. and Mary Harsbarger, owners
approached but their selling price
appraisal. There has been no further
ANALYSIS:
of Lots 6 and 7, Block 44, were
was almost twice that of the
progress, to date.
Mr. Sidney Banack, owner of Lots 8 and 9, Block 44, indicated he
would be interested in selling his property to the County. After
almost twelve months of negotiations, Mr. Banack has agreed to sell
this property for total cost of $465,520. This price is made up of
$350,000 for the.property, which is the appraised value, and $115,520
for relocating in comparable space, and moving of furnishings and
equipment.
RECOMMENDATIONS:
Staff is recommending acquisition of the Banack properties at a
purchase price of $465,520 and requests authorization to proceed with
the formal closing. Funds will come from the one cent sales tax.
County Administrator Jim Chandler further commented that the
owner of Lots 6 and 7, Block 44 are adamant in their asking price
and staff recommends that we not pursue purchase of those
properties in the near future.
31
FEB9 1993BOOK 8� Jnr, &�3
FEBFr--
9 1-493
BOOK 88 FAGF. 804
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the purchase of Lots 8 and 9, Block 44, at a total
price of $465,520, and authorized staff to proceed
with the formal closing, as recommended by staff.
FIRST UNITED METHODIST CHURCH PROPERTY
General Services Director Sonny Dean made the following
presentation:
DATE: FEBRUARY 2, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: FIRST UNITED METHODIST CHURCH PROPERTY
BACKGROUND:
The First United Methodist Church of Vero Beach has made an offer to
sell their property located on Blocks 42, 43 and 44 in downtown Vero
Beach. These properties lie immediately to the west of our new
parking garage site, south and west of the Main Library. (See
attached map).
The Church suggested in their request that the subject.property could
be used to locate a new County Administration Building with parking.
ANALYSIS:
In 1991, the County contracted with a consultant to do a in depth
space needs study and master plan for all administrative offices
other than those associated with the judicial system. It was
recommended, by the Consultant, that a new administration building be
constructed on properties north of the present administration complex
which are partially owned by the County. This recommendation was
based on land acquisition cost, zoning, and amount of property
required.
RECOMMENDATIONS:
Based on the 1991 study, it is staff's opinion that we should use the
master plan as accepted by the Board. In using the plan as a
guideline, the properties owned by the United Methodist Church would
not be of benefit to the County for building purposes. Therefore,
staff recommends the subject property not be purchased at this time.
32
Director Dean noted the property should be identified as
Blocks 42, 43 and 39 in downtown Vero Beach.
Commissioner Macht thought there are advantages in locating an
administration building on the church property and use the
courthouse parking facility for both buildings. He also thought
there should be discussion with other government entities and
agencies, and the mechanism for doing that exists in the Land
Acquisition Advisory Committee.
Commissioner Eggert recalled that past discussions involved
the possibility of the School Board moving into the present
administration building. Then the property north of the present
administration building would be used to meet the needs of the
Public Health, Veterans and Welfare departments as well as the
County Administration.
Administrator Chandler confirmed that the conclusion of the
space needs study was that if we ever construct a new building, we
have sufficient property holdings north of the present
Administration Building to construct that facility. Additionally,
property values in the downtown area are higher.
Chairman Bird felt the timing is not right because we are not
even at a beginning point to make any decisions.
Scott Chisholm, representing the Long -Range Planning Committee
for the First United Methodist Church, explained that he is
addressing the Commission because County facilities are being
constructed in downtown Vero Beach. He stressed that First United
Methodist Church has not voted yet on whether the property should
be sold. They have not approached any other entities and are
taking this first step to see if there is any interest on the part
of the County to acquire this property before they place the
property on the market. He further stated that he did not expect
a commitment from the Commission at this time but wanted to see if
there is any interest.
Chairman Bird thought there is an interest but the County is
not in a position to make a commitment, and he suggested that they
market the property if they feel the need to.
TCI CABLEVISION REQUEST FOR COUNTY ROAD 6 BRIDGE DIVISION
ASSISTANCE IN PLANTING WASHINGTONIAN PALMS WITHIN BR60 MEDIAN
Public Works Director Jim Davis made the following
presentation:
33
FE BOOK ; 88 U,U S05
L!
9 �993
F E B BOOK p� FAGr`. C7111�
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director9
Va
SUBJECT: T.C.I. Cablevision Request for County Road and
Bridge Division Assistance in Planting
Washingtonian Palms within SR60 Median
REF. LETTER: James Foody, TCI Cablevision, to Jim Davis
dated 1-14-93
DATE: January 29, 1993 FILE: tcicable.agn
DESCRIPTION AND CONDITIONS
Last year, TCI Cablevision donated approximately 140
Washingtonian Palms to the County for planting within the SR60
Median west of 43rd Avenue. Even though the DOT constructed
median improvements shortly thereafter, the palms currently in
place are healthy and some are temporarily in storage until..the
work is over.
This year, TCI Cablevision is requesting permission to purchase
and plant 90-100 palms for the SR60 median west of 66th Avenue.
The County is being requested to supply mulch, fertilizer, and
water at a direct cost of approximately $200. In addition,
County and TCI labor will be used to plant the palms in the State
road right-of-way. The County would also maintain the plants as
needed. The planting is proposed for March, 1993.
ALTERNATIVES AND ANALYSIS
In the past, the. County has not performed aggressive landscape
maintenance of the entire SR60 median east of I-95.
Washingtonian Palms are low maintenance, but some additional
effort will be required to trim, mulch and maintain the area.
The alternatives presented include the following:
Alternative #1
Approve the request by TCI Cablevision for the County to
supply labor, materials, and future maintenance for the
placement of 90-100 palms in the SR60 median west of Kings
Highway.
Alternative #2
Deny the request.
RECOMMENDATIONS AND FUNDING
Alternative # 1 is recommended whereby the request is approved.
Funding to be from Road and Bridge Division budgeted funds.
Commissioner Adams led discussion on the types of trees to be
planted, and Director Davis explained that the Washingtonian palms
were approved by Department of Transportation.
34
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
labor, materials and future maintenance for the
placement of 90 to 100 palm trees in the SR60 median
west of Kings Highway, as set out in staff's
memorandum.
FDOT LOCAL GOVERNMENT COOPERATIVE ASSISTANCE
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated January 28, 1993:
TO: James E. Chandler,
County Administrator
�i
THROUM: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E. p
Capital Projects Manager
SUBJECT: FDOT Local Government Cooperative Assistance
Program - 41st Street and 45th Street
DATE: January 28, 1993
DESCRIPTION AND CONDITIONS
The Florida Department of Transportation (FDOT) is accepting
Local Government Cooperative Assistance (LGCA) Program
grant applications. Under the LGCA Program, the FDOT funds
50 percent of the projects estimated eligible cost.
Staff is of the opinion that the County should apply for
funding 41st Street and 45th Street from Indian River
Boulevard to US 1. These two east/west connectors were not
included in the scope of work for construction of Indian
River Boulevard Phase IV from 37th Street to 53rd Street
because the right-of-way has not been acquired. Phase IV
construction has been advertised and the bid opening is
scheduled for March 10, 1993.
Attached is a grant application package and resolution
requesting matching financial assistance under the LGCA
Program. The actual level of funding available in the
upcoming fiscal year (beginning July 1) is subject to
Legislative appropriation.
RE C IDATIOHS AMID FUNDING
Staff recommends that the Chairman be authorized to execute
the attached resolution authorizing the County Administrator
and the Budget.. Director to enter into a LGCA Program
memorandum of agreement. Funding is from Indian River
Boulevard North.
KR
FEB91993 bOOK 88 P,k,F8.:x`7
r FEB 9 1993 BOOK 88 PAGE 80-8 -7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-34, authorizing the County
Administrator and the Budget Director to enter into
a local government cooperative assistance program
memorandum of agreement and joint participation
agreement with the Department of Transportation, as
recommended by staff.
PARTIALLY EXECUTED COPY OF SAID AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
EXHIBIT E
FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL GOVERNMENT COOPERATIVE ASSISTANCE PROGRAM
Application Agency: Indian River County
NO.
A RESOLUTION OF INDIAN RIVER COUNTY, AUTHORIZING THE COUNTY
ADMINISTRATOR AND THE BUDGET DIRECTOR TO ENTER INTO A LOCAL
GOVERNMENT COOPERATIVE ASSISTANCE PROGRAM MEMORANDUM OF AGREEMENT
AND JOINT PARTICIPATION AGREEMENT WITH THE DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the Legislature has created the Local Government
Cooperative Assistance Program, Chapter 335.20, Florida Statutes;
and,
WHEREAS, it is a policy of the State of Florida to construct
and make improvement to the State Transportation System in a
cooperative partnership; and,
WHEREAS, such partnership shall be promoted and encouraged
through the joint funding of projects that improve traffic flow
and reduce congestion on the State Highway System; and,
WHEREAS, Indian River County desires to receive matching
financial assistance for such projects; and,
WHEREAS, Indian River County wishes to authorize the County
Administrator and the Budget Director to make an application(s)
for such projects, enter into a -Memorandum of Agreements(s) and,
if the proposed projects are selected for funding, enter into a
Joint Participation Agreement with the State of Florida
Department of Transportation.
NOW THEREFORE:
BE IT RESOLVED, by Indian River County:
Section 1. Indian River County hereby authorizes the County
Administrator and the Budget Director to apply for matching funds
under the Local Government Cooperative Assistance Program.
36
11,
Section 2. Indian River County hereby authorizes the County
Administrator and the Budget Director to enter into a Memorandum
of Agreement with State of Florida Department of Transportation.
Section 3. Indian River County hereby authorizes the County
Administrator and Budget Director to enter into a Joint
Participation Agreement with the State of Florida Department of
Transportation, if 41st Street and 45th Street from Indian River
Boulevard to US 1 is selected for funding. .
Section 4. The Clerk of Indian River County is hereby
directed to send copies of this RESOLUTION to the Department of
Transportation and all other persons as directed by Indian River
County.
APPROVED AND ADOPTED by Indian River County at a regular
meeting assembled this day of _�,L.., 19so.
INDIAN RIVER COUNTY
BOARD OF COUNTY COIrMSSION
Ric and N. Bird, Chairman
PURCHASE AUTHORIZATION - 45TH STREET RIGHT-OF-WAY ACQUISITION
VIRGINIA RUSSELL, TWO PARCELS
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated January 28, 1993:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
AND CP
Terry B. Thompson, PX4f'�
Capital Projects Manager
FROM: Donald G. Finney, SRA
County Right of Way Agent
SUBJECT: Purchase Authorization; 45th Street Right -of -Way Acquisition, Virginia Russell,
Two Parcels
DATE: January 28, 1993
Indian River County is planning to widen and pave 45th Street east of U.S. Highway #1 to Indian
River Boulevard, Phase 4. The additional right-of-way needed to accomplish this project consists
of the acquisition of 10 parcels. A Contract For Sale and Purchase was sent to the property owner
37
CEB9 1993eooK�J
Fp' -FEB 9199
BOOK 88 PnE 810 1
for two 0.48 acre parcels, totaling .96 acres. These properties are zoned commercial. The Russells
have agreed to sell at the appraised value and have executed the Contract For Sale and Purchase for
each of the parcels. There are no additional attorney's fees at this time. Additional compensation
for citrus trees taken in the amount of $1,375.00 is in Addendum A for one of the parcels. Title
insurance, recording and documentary stamps on the deeds will be a closing expense of $1,584.00.
Staff request the Board authorize the $57,744.00 contract for each parcel, the $1,375 tree
compensation, and $1,584 for closing costs; and direct the chairman to execute the contracts on the
Board's behalf. Total cost is $118,447.00.
EMM
Funding is available in Account No. 309-215-541-066.12
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
and authorized the Chairman to execute two contracts
with Virginia Tarleton Russell and Hugh L. Russell
II, et al., in the total amount of $118,447.00, as
recommended by staff.
EXECUTED COPIES OF CONTRACTS FOR SALE AND PURCHASE
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
BACKUP FOR EFFLUENT DISPOSAL SYSTEM
WEST REGIONAL WASTEWATER TREATMENT PLANT TO DEEP WELL
RECLAIMED WATER PIPELINE (TASK ORDER NO. 2)
Utility Services Director Terry Pinto made the following
presentation:
DATE: JANUARY 27, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PI O
DIRECTOR OF SERVICES
V RwPREPARED ROBERT O. WISEMEN, P.
AND STAFFED ENVIRONMENTAL ENGINE
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: BACK -IIP FOR EFFLIIENT DISPOSAL SYSTEM
WEST REGIONAL WASTEWATER TREATMENT PLANT TO DEEP WELL
RECLAIMED WATER PIPELINE (TASK ORDER NO. 2)
INDIAN RIVER COUNTY PROJECT NO. IIS -92 -22 -ED
BACKGROUND
On September 17,
and authorized th
County Landfill.
permitting stage.
ready with Phase
consists of the
Wastewater Treatmi
1991, the Board of County Commissioners approved
B design of a deep injection well located at the
The deep well project presently is at the
The Department of Utility Services is, therefore,
II of the project. Phase II of the project
design of pipe connecting the West Regional
ant Plant to the deep well.
38
ANALYSIS
Negotiations with CH2M Hill Southeast, Inc., for professional
services to design a connector pipe from the West Regional WWTP to
the deep well at the landfill have been completed, and Task Order
No. 2 (Scope of Work) has been concluded. Task Order No. 2 consists
of:
Task 1 Design and Permitting
Task -2 Services during Bidding, Construction
and Resident Observation
The professional consultant fees are described as follows:
Basic Services (4.7% of estimated construction cost) $45,367.00
Resident Inspection (0.9% of estimated construction 9,000.00
cost)
Additional Services
Survey 4,558.00
Geotechnical 4,877.00
Surge Analysis 7,963.00
Permit 2,730.00
Direct Expenses, Printing 2.305.00
$76,800.00
The basic services and resident inspection services compensation are
in accordance with FmHA guidelines. The estimated construction cost
is $969,900.00. -The compensation for both services shall be
adjusted based upon the final construction cost. Funding for design
of this project shall be from the sewer impact fee fund.
The Department of Utility Services recommends the Board of County
Commissioners approve Task Order No. 2 and authorize the chairman of
the Board of County Commissioners to execute Task Order No. 2.
Commissioner Adams asked why we need a deep well for the
effluent when we have our irrigation project, and why the wetlands
cannot be used as a backup.
Director Pinto explained that the first method of effluent
disposal is irrigation and the wetlands are part of the irrigation
project. We also have percolation ponds and direct irrigation.
The deep well would back up those methods.
Commissioner Adams was concerned about the basic concept of
deep wells for effluent disposal because of situations where the
well fails, and she gave, the examples of deep well failures at
Hercules and in Melbourne.
Director Pinto stated that the Hercules situation was not a
failure of the well. They relined the inside of that well because
it had been in use for 10 years and was in need of maintenance.
The Melbourne system had problems associated with engineering and
installation. He further explained that if a deep well were our
primary method of disposal, we would need a second well as a backup
for it. Our system consists of four different types of effluent
disposal with the deep well is the backup for the others so the
39
FEBX993 BOOK
BOOK
88 FarF 812
well would not be used on a daily basis. Our effluent is
secondarily treated effluent which can be applied to land, and when
it became necessary we would put that type of effluent down the
well. At a depth of 3,000 feet the water is probably 100 parts per
million of chlorides, so we actually would be putting cleaner water
into that deep well than is there normally. The effluent meets
secondary wastewater treatment standards but is classified by the
DER as industrial waste so the well must be designed as an
industrial waste well. There is non-specific effluent which does
not meet the requirements for irrigation but receives secondary
treatment and can be put down the deep well. More importantly, the
leachate from the landfill could be put down a deep well. Our
leachate is not toxic but it is considered industrial waste.
Commissioner Bird clarified that the deep well would be used
when all others fail and our emphasis is going to be on ground
application or other ways of disposing of it rather than down the
well.
David Refling, Malcolm-Pirnie Consultants, stated that he was
involved with the County in the original discussions and decisions
on effluent disposal. He assured the Board that Indian River
County's effluent disposal system which consists of several
alternatives is the most environmentally responsible and cost-
effective method. Reuse for irrigation also saves potable water
reserves. The County's methods of trying to combine the highly
treated leachate with the effluent is a sound concept to keep the
costs down and have an environmentally acceptable alternative.
Director Pinto further explained that the backup well would be
used at times, for example after a hurricane, when the primary
methods are out of operation and are being corrected. The well
will be double -lined and able to take some of the nasty things that
industrial plants normally discharge. Director Pinto expects that
our effluent disposal volume in this county is going to be in the
range of 30 million gallons a day. With reuse for irrigation,
percolation ponds and direct irrigation, the addition of this deep
well will put us in a strong position to take care of our needs.
Further discussion ensued regarding the various methods of
effluent disposal.
Commissioner Macht led discussion regarding this particular
issue as well as other items which appear on the agenda involving
large expenditures of taxpayers' money. He felt he needed more
time to study the backup material which is provided by staff to
make a decision. Receiving the material on a Wednesday for a
meeting on the following Tuesday did not give him enough time to do
research and confer with staff.
40
Commissioner Eggert thought it would be helpful if the
Utilities, Public Health and Community Development Departments
brought him up-to-date on these matters. The new Commissioners
have not had the benefit of the discussions which have taken place
over the past two years regarding the deep well project.
County Administrator Jim Chandler confirmed that there have
been lengthy discussions regarding the alternatives and
consequences of the deep well, after which staff and the Board made
determinations and decisions on the direction we would take. He
thought it might be beneficial to review this whole matter with the
Board.
Commissioner Macht agreed that is a good idea but he also
thought that when we have a specific issue which involves three or
four million dollars, the Board members should have an intervening
week to meet with staff and study the material before making a
decision.
Director Pinto agreed that the decision on this issue could be
delayed for a week.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board (4-1, Commissioner
Adams voting in opposition) approved Task Order No.
2 with CM2H Hill Southeast, Inc., to design the
connector pipe from the West Regional Wastewater
Treatment Plant to the deep well at the landfill, as
set out in staff's memorandum.
34TH AVENUE / PINEWOOD ESTATES WATER SERVICE, RESOLUTIONS I AND II
Assessment Projects Manager James Chastain commented from the
following:
:1bi
FEB 91993 Boa 88 : PnF. 813
DATE: JANUARY 29, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
BOOK 88 P.AGF 814-1
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIVTYSERVICES
ICES
PREPARED JAMES D. CHASTAAND STAFFED MANAGER OF ASSE SOJECTS
BY: DEPARTMENT OF UT
SUBJECT: 34TH AVENUE/PINEWOOD ESTATES WATER SERVICE
INDIAN RIVER COUNTY PROJECT NO. UW -92 -25 -DS
RESOLUTIONS I AND II
BACKGROUND
On July 21, 1992, the Indian River County Board of County
Commissioners approved the creation of a separate assessment
district for 34th Avenue water installation (copy attached).
Originally this subdivision was approved for water service in the
12th Street assessment project. However, 34th Avenue is a private
street without a utility easement other than along the rear lot
lines. A utility easement and request for its execution was mailed
as a part of the 12th Street assessment project to the pro ert
owners, explaining that the installation of a water line in front of
the properties would be more efficient and economical. The majority
of the property owners did not consent to providing an easement in
front of their properties. This required the redesign of this
street as a separate project with two water lines running along
existing rear lot line easements, at approximately 14.5% greater
cost than the original preliminary assessment, which was approved by
the Board of County Commissioners at the public hearing on June 18,
1991. The design work has now been completed by the Department of
Utility Services' staff. We are now ready to begin the assessment
process associated with this project (see attached agenda item and
minutes).
ANALYSIS
Attached are Resolutions I and II for the assessment project. The
total estimated -construction cost, including engineering and
administration of the project is $32,236.00, which is the total
estimated cost to be assessed. The cost per square foot is
$0.090496. Nine properties will benefit from this service, as shown
on the attached map.
RECOMMENDATION
The staff of the Department of Utility
Board of County Commissioners approve
which establish the public hearing date
assessment roll.
42
Services recommends that the
the attached Resolutions,
and approve the preliminary
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-31 providing for water main extension
to Pinewood Estates (34th Avenue), as recommended by
staff.
RESOLUTION NO. 93-_IjL_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR WATER MAIN EXTENSION TO PINEWOOD
ESTATES (34TH AVENUE); PROVIDING THE TOTAL ESTIMATED
COST., METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF
ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River County
has determined that the improvements herein described are necessary to
promote the public welfare of the county and has determined to defray
the cost thereof by special assessments against certain properties to be
serviced by a water main extension to Pinewood Estates (34th Avenue),
hereinafter referred to as Project No. UW -92 -25 -DS; .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a water main extension shall
be installed to provide service for 9 properties, which are located
generally as described above, and the cost thereof shall be
specially assessed in accordance with the provisions of Sections
206.01 through 206.09 of the Code of Indian River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $32,236.00 or $0.090496 per square foot
to be paid by the property specially benefited as shown on the
assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.090496 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced County
Code.
43
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4. The special assessments shall be due and payable and may be paid in
full within 90 days after the date of the resolution of the Board
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
$ interest.
If not paid in full, the special assessments may be paid in ten
equal yearly installments of principal plus interest. If not paid
when due, there shall be added a penalty of 1-1/2% of the principal
not paid when due. The unpaid balance of the special assessments
shall bear interest at a rate of 8% from the Credit Date until
paid.
5. There is presently on file with the Department of Utility Services
a plat showing the area to be assessed, plans and specifications,
and an estimate of the cost of the proposed improvements. All of
these are open to inspection by the public at the Department of
Utility Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the .adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least one
time in -the Vero Beach Press Journal before the. public hearing
required by Section 206.04.
The resolution was moved for adoption by Commissioner Adam_ ,
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
-Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this.9th day of February, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,. FLORIDA
By
Richard N, Bird
44 Chairman
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-32, scheduling a public hearing at the
hour of 9:05 a.m. on Tuesday, March 2, 1993, at
which the owners of properties located generally in
the area of Pinewood Estates (34th Avenue) and other
interested persons may appear before the Board of
County Commissioners and be heard, as recommended by
staff.
RESOLUTION 93-32, WITH PRELIMINARY ASSESSMENT ROLL ATTACHED
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
RESOLUTION NO. 93-_U_
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS OF
PROPERTIES LOCATED GENERALLY IN THE AREA OF PINEWOOD
ESTATES (34TH AVENUE) AND OTHER INTERESTED PERSONS,
MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS
AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF
CONSTRUCTING A WATER MAIN, AS TO THE COST THEREOF,
AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE
AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITED THEREBY.
WHEREAS, the Board ofCountyCommissioners of Indian River County
has, by Resolution No. �, determined that it is necessary for the
public welfare of the citizens of the county, and particularly as to
those living, working, and owning property within the area described
hereafter, that a waterline be installed to serve 9 properties
hereinafter described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.090496 per square foot; and
WHEREAS, the Board of County Commissioners has caused an assessment
roll to be completed and filed with the Clerk to the Board; and
WHEREAS, Section 206.06, Indian River County Code, requires that
the Board of County Commissioners shall fix a time and place at which
the owners of the properties to be assessed or any other persons
interested therein may appear before the Board of County Commissioners
and be heard as to the propriety and advisability of constructing such
water main extension, as to the cost thereof, as to the manner of
45
L -FEB 91993 aooK 88 ,E
F"' -FEB
9
1993
BOOK
88 Far,F$.�
payment therefor,
and as to the amount thereof to be assessed
against
each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission Chambers
in the County Administration Building at the hour of 9:05 a.m. on
Tuesday, March 2, 1993, at which time the owners of the properties
to be assessed and any other interested persona may appear before
said Commission and be heard in regard thereto. The area to be
' improved and the properties to be specially benefited are more
particularly described upon the assessment plat and the assessment
roll with regard to the special assessments.
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for
said improvements, and an estimate of the cost thereof at the
office of the Department of Utility Services any week day from 8:30
a.m. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week apart.
The last publication shall be at least one week prior'to the date
of the hearing. The Indian River County Department of Utility
Services shall give the owner of each property to be specially
assessed at least ten days notice in writing, of such time and
place, which shall be served by mailing a copy of such notice to
each of such property owners at his last known address.
46
� � r
The resolution was moved for adoption by Commissioner Arlamc ,
and the motion was seconded by CommissionerFgg_r�t`, and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 9th day of February, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
ichard N. Bird
Chairman
DRAFT OF LETTER REGARDING TREASURE COAST REGIONAL PLANNING COUNCIL
County Attorney Charles Vitunac presented the following
proposed letter:
47
BOOK
FEB 199
a
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 5674NM
February 4, 1993
The Honorable Patsy Kurth
Florida Senator
State Senate - 16th District
258 Senate Office Building
Tallahassee, FL 32399-1100
The Honorable Charles Sembler II
Florida Representative
State House - 78th District
407 House Office Building
Tallahassee, FL 32399-1100
The Honorable Bill Posey
Florida Representative
State House - 32nd District
14 House office Building
Tallahassee, FL 32399-1100
Dear Senator Kurth and Representatives Sembler and Posey:
BOOK
Suncom Telephone: 224-1011
-- The Board of County Commissioners of Indian River County is concerned about
excessive state involvement in local planning and zoning decisions in
general, and specifically is opposed to the extra layer of bureaucracy
required by our county's involvement in the Treasure Coast Regional Planning
Council. At the January 26, 1993, meeting of the Board of County
Commissioners, the Board voted unanimously to relay our concerns about the
Planning Council to our local delegation in hopes that the delegation could
sponsor some remedial legislation.
The Board's first choice would be to abolish the Treasure Coast Regional
Planning Council entirely, or, if that is not possible, to restrict its
powers to planning and advice -giving only without any direct control over
local governing bodies power to plan and zone. The Board feels that any
regional cooperation necessitated by any project can be handled better by the
counties of Martin, -St. Lucie, Okeechobee, and Indian River through the local
council of governments, which is in existence in the four -county area.
We request your support for the ideas mentioned in this letter and would be
happy to meet with you or your staffs in our county or in Tallahassee at any
hearings which might be scheduled on bills relating to these matters.
Please let us know how we can assist you.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Richard N. Bird
Chairman
48
County Attorney Charles Vitunac reported that he discussed the
prepared letter with Executive Director Dan Carey and Mr. Carey
asked for an opportunity to respond to the letter before it is
sent.
Discussion ensued regarding minor changes in the letter, and
Chairman Bird felt that the Board should hear from Mr. Carey before
making a decision.
Dan Carey, executive director of the Treasure Coast Regional
Planning Council (TCRPC), clarified that TCRPC and other regional
planning councils are not state agencies. They work for local
governments. He thought the regional planning councils are
basically a good forum where local governments can discuss and
solve shared problems, and there have been good results from the
combined efforts of the local governments and the TCRPC. He was
not aware of the Board's strong feelings until he read the proposed
letter. He asked for the opportunity to discuss this issue in
detail at a workshop before the proposed letter is sent. He
planned to meet with all the local governments that are members of
the TCRPC and hear their comments as well.
Discussion ensued regarding the possible changes in the
TCRPC's responsibility.
Commissioners Tippin and Eggert thought the letter should not
be sent until after the workshop.
Commissioner Macht preferred to send the letter without delay
because the language of the letter gives the alternative of
reconfiguring the TCRPC's responsibility. He had no further
interest in the TCRPC as long as Palm Beach County continues as a
member.
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Commissioner Eggert, to table a decision regarding
the proposed letter and schedule a workshop at 9:00
a.m. on Wednesday, February 17, 1993 on the subject
of the Treasure Coast Regional Planning Council.
Commissioner Eggert wanted to wait until after the workshop to
send the letter because the TCRPC has done good things and we need
to discuss all the possibilities.
Commissioner Adams thought the workshop should include
individuals whose items have been reviewed by the TCRPC as well as
the other members of the TCRPC.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
49
$
FEB 1993 BOOK $F.+,;F$�.
r FEB 91993
BOOK D ,:
RESOLUTION ENDORSING DREDGING OF PORT OF FORT PIERCE
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-33 endorsing dredging of Port of Fort
Pierce.
RESOLUTION NO. 93- 33
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ENDORSING DREDGING OF PORT OF
FORT PIERCE.
WHEREAS, Indian River County is located just north of the Port
of Fort Pierce; and
WHEREAS, proposed dredging to the Port of Fort Pierce will
have beneficial effects on the economy in Indian River County; and
WHEREAS, it appears the said improvements can be accomplished
with minimal environmental costs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, • FLORIDA
that the -Board supports the dredging to the Port of Fort Pierce
because:
I. This dredging will have a beneficial on the economy in
Indian River County.
2. This expansion may be accomplished with minimal
environmental costs.
3. The high rate of unemployment in Indian River County
should be lessened by the strengthening of the economy resulting
from said improvements.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Tippin and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye '
— Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1 9 day of February 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
50 R chard N. Bir
Chairman
� � r
DISCUSSION RE: BILLS LISTED IN FLORIDA ASSOCIATION OF COUNTIES
BULLETIN - ELMS III REPORT AND TOURIST DEVELOPMENT TAB PROPOSAL
Commissioner Eggert pointed out two items listed in the
February 8, 1993 edition of InterFac, the official publication of
the Florida Association of Counties. One item concerned an
upcoming bill regarding the ELMS III report and the other was the
Tourist Development Tax Proposal to limit counties' use of locally
generated tourism revenues. Commissioner Eggert was aware these
are important issues and asked the County Attorney to advise the
Board when copies of those bills are received.
APPROVAL OF OUT -OF -COUNTY TRAVEL - TREASURE COAST LEGISLATIVE
CONFERENCE IN TALLAHASSEE, MARCH 1-3, 1993
Commissioner Macht felt it was very important that we be
represented at the Treasure Coast Legislative Conference.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously
authorized out -of -county travel for Chairman Bird
and a member of Community Development staff to
attend the Treasure Coast Legislative Conference in
Tallahassee from March 1 through 3, 1993.
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:15 A. M.
ATTEST:
J.rton, Clerk
51
Richard N. Bird, Chairman
kE B 9 1993 BOOK 88 PAGE S.23