HomeMy WebLinkAbout3/16/1993a MINUTES us
ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, MARCH 16, 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 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER PAGE
2. INVOCATION - Rev. Julius Rice
Community Church -United Church of Christ
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
7.I. -Request from Kenneth R. Macht for out -of -county travel
7.J. -Proclamation for Special Olympics
ll.E.3.-Resolution for Bond Financing Phase II Utility
ll.E.4.-Request from Circuit Court for purchase of a copy machine
13.A.2.-Ltr. from Santa Rosa County re: current legislation in Tallahassee
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of February 9, 1993
7. CONSENT AGENDA
A. 1. Received and on file in office of Clerk to
the Board:
Operational Performance Audit of the St.
Johns River Water Managerient District for
FY Oct. 1, 1990 through Sapt. 30, 1991
Public Facilities Report Updates for:
Vero Lakes Water Control District
Fellsmere Water Control District
Sebastian River Water Control District
I.R. Farms Water Control District
Delta Farms Water Control District
2. Appt. of Deputy Sheriff by Gary Wheeler:
Louis Cutillo
Gerald W. Lynch
Laura Turner
Nancy McClain
MAR 16 1993 BOOK, 8 9 `"ur. 01
r MAS 16 1993 BOOK 89 PAGE 92--1
7. CONSENT AGENDA (cont'd.):
B. Occupational Licenses Collected During Month
of February
( memorandum dated March 5, 1993 )
C. Appointment to Economic Development Council
( memorandum dated March 10, 1993 )
D. GHA Harbor Ltd.'s Request for Final Plat
Approval for Phase I of the Harbor Village to
be Known as Harbor Village Phase I, Grant
Harbor Plat 12
( memorandum dated March 8, 1993 )
E. Agreement between I.R.C. and Sun Coast Con-
struction, Inc., 226 12th Street, SW, Temporary
Water Service
( memorandum dated March 1, 1993 )
F. Award Bid #3043 / Thermoplastic Material
( memorandum dated March 8, 1993 )
G. Community Services Block Grant Housing
Rehabilitation Program Federal Fiscal Year 1993
( memorandum dated March 3, 1993 )
H. Miscellaneous Budget Amendment 013
( memorandum dated March 9, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
SHERIFF'S DEPARTMENT: - Request for Withdrawal of
Funds from the Law Enforcement Trust Fund
( memorandum dated March 4, 1993 )
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Keith's Oil Can., Inc.'s Request for Major
Site Plan and Special Exception Use
Approval for an Addition to an Existing
Self -Service Storage Facility
( memorandum dated March 8, 1993 )
2. Jeffrey E Lisa Abernethy's Request to
Abandon the North 10' of 10th St. R -O -W
Between 22nd Ave. and 24th Ave.
(memorandum dated March 4, 1993 )
3. Exchange of County -Owned Land Near Track-
ing Station Park for Gifford Community.
Center Land
(memorandum -dated March 3, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A: COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Award Bid #3052 / Vista Royale/Vista Gardens
Pumping Station Force Main, Contract 2
( memorandum dated March 3, 1993 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
1. Cable and Garbage Franchise Audit
( memorandum dated March 10, 1993 )
2. Status Report - Bond Refinancings
( memorandum dated March 10, 1993 )
None
G. PUBLIC WORKS
None
H. UTILITIES
Master Plan Update (Water, Sewer, and
Effluent Disposal)
( memorandum dated March 10, 1993 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
Appointment to Fill Executive Aide Position
B. VICE CHAIRMAN JOHN W. TIPPIN
1993 Tourism Strategic Plan
( memorandum dated March 5, 1993 )
MAR 16 1993 MOK 89 N,GE 3
MAP I P- mai
13.
COMMISSIONERS ITEMS (cont'd. ):
C. COMMISSIONER FRAN B. ADAMS
1. Resolution Establishing the Beaches and
Shores Preservation Advisory Committee
( memorandum dated March 10, 1993 )
2. Appointment of Bruce Barkett to Beaches
and Shores Preservation Advisory Comm.
( memorandum dated March 10, 1993 )
D. COMMISSIONER CAROLYN K. EGGERT
E'. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
BOOK 89 PAGE 04-1
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.
Tuesday, March 16, 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, March 16, 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 Diane
Albin, Deputy Clerk.
The Chairman called the meeting to order.
Rev. Julius Rice of The Community Church -United Church of
Christ gave the invocation, and Chairman Bird led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
The Chairman requested the addition of the following:
Item 7.I. - Request from Kenneth R. Macht for out -of -
county travel
Item 7.J. - Proclamation for Special Olympics
Item 11.E.3. - Resolution for Bond Financing Phase II
Utility
Item 11.E.4. - Request from Circuit Court for purchase of a
copy machine
Item 13.A.2. - Letter from Santa Rosa County regarding
current legislation in Tallahassee
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, 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 February 9, 1993. There
were none.
BAR 16 1993 BOOK 89 PAGE 05
BOOK 89 FAIF �6
MAR 16 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meeting of February 9, 1993 as
written.
A. Reports
1. The following reports are on file in the office of the
Clerk to the Board:
Operational Performance Audit of the St. Johns River Water
Management District for FY October 1, 1990 through September
30, 1991
Public Facilities Report Updates for: Vero Lakes Water
Control District, Fellsmere Water Control District, Sebastian
River Water Control District, Indian River Farms Water Control
District, and Delta Farms Water Control District
2. Appointment of Deputy Sheriffs by Sheriff Gary Wheeler:
Louis Cutillo
Gerald W. Lynch
Laura Turner
Nancy McClain
B. Occupational Licenses Collected Durina Month of Februar
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously accepted
the report from Tax Collector Karl Zimmermann
summarizing Occupational License Taxes collected
during the month of February, 1993.
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: March 5, 1993
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $3,338.19 was collected in occupational license taxes
during the month of February, representing the issuance of 147
licenses.
rl Zimm nn
Tax Coll ctor
E
C. Annointment to Economic Development Council
The Board reviewed the following memo dated March 10, 1993:
M E M O R A N D U M
To: Board of County Commissioners
From: Carolyn K. Eggert G►�7i
Date: March 10, 1993
Re: Appointment to Economic Development Council
Please approve the appointment of Eric H. Wieler to
replace Wendy L. Feinsilver on the Economic Development
Council effective immediately.
Thank you.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the appointment of Eric H. Wieler to replace Wendy
L. Feinsilver on the Economic Development Council,
effective immediately.
3
MAR 16 1993 Boa
w,s
L-
I
r
MAR 16 1993 BOOB 89 P'vuf 9$
D. GHA Harbor Ltd.'s Request for Final Plat Approval for Phase I
of the Harbor Village to be Known as Harbor Village Phase I Grand
Harbor Plat 12
The Board reviewed the following memos dated March 8 and March
9, 1993:
TO: James E. Chandler
County Administrator
DIV N HEAD CONCURREN E:
Ro ert M. eat ng, C
Community Developme Di or
146
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP �J*
Senior Planner, Current Development
DATE: March 8, 1993
SUBJECT: GRA Harbor Ltd. Is Request for Final Plat Approval for
Phase I of the Harbor Village to be Known As Harbor
Village Phase I, Grand Harbor Plat 12
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of March 16, 1993.
DESCRIPTION AND CONDITIONS:
Harbor Villages Phase I is a boundary plat of a 34.40 acre parcel
located in the northeast section of the overall Grand Harbor
development. The final plat will create a 10.33 acre parcel as a
building site for 79 condominium units, and set the boundary of the
24.07 acre marina basin. Two of the condominium buildings on the
parcel are essentially complete and may receive a certificate of
occupancy once the final plat is approved and all other applicable
conditions are met.
On April 9, 1992, the Planning and Zoning Commission granted
preliminary PRD approval for the Harbor Village Phase I PRD, and a
land development permit for all of the infrastructure improvements
was subsequently issued. The developer, GRA Harbor Ltd. through
Its agent Masteller & Moler, Inc., is now requesting final plat
approval, and has submitted the following:
1. A plat in conformance with the originally approved preliminary
plat.
2. A certificate of completion for all required subdivision
improvements.
4
ANALYSIS:
The required improvements have been completed by the developer, and
a certificate of completion has been issued by the Public Works
Department. A warranty and maintenance agreement and bond are not
required, since the only publicly dedicated improvements are
utilities which have been warranted separately. The developer has
complied with the appropriate requirements to obtain final plat
approval.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for Harbor Villages Phase I.
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: March 9, 1993
RE: GRAND HARBOR PLAT 12 CONSTRUCTION
ASSIGNMENT OF WARRANTY TO COUNTY
The Development Order for Grand Harbor required that certain utility
improvements be constructed. The sub -subcontractor has issued a
maintenance bond in favor of the subcontractor, which is now assigning
the maintenance bond to the County. The attached agreement is this
Assignment and requires the signature of the Chairman to accept it on
behalf of the Board.
If for some reason the Assignment fails and there is warranty work to be
performed, the subcontractor has agreed to enforce the maintenance bond
according to its terms.
REQUESTED ACTION: The Board authorize the Chairman to execute the
attached Assignment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously granted
final plat approval for Harbor Villages Phase I and
authorized the Chairman to execute the assignment of
rights, as recommended by staff.
ASSIGNMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
5
�I�AROOK 89 P,11;F 09
� � X993
BOOK 89 FACE 10
E. Agreement between Indian River County and Sun Coast
Construction. Inc.. 226 12th Street S.W. Temporary Water Service
The Board reviewed the following memo dated March 1, 1993:
DATE: MARCH 1, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI S VICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND SUN COAST CONSTRUCTION, INC.
226 12TH STREET, SW
TEMPORARY WATER SERVICE
PREPARED AND HARRY E. AS
AND ASSISTANT DI UTILITY SERVICES
STAFFED BY:
BACKGROUND
Sun Coast Construction, Inc., has requested that temporary service
be installed from the water line on Old Dixie Highway to service the
property at 226 12th Street, SW, Vero Beach, Florida 32962, (in the
Dixie Heights subdivision) prior to the installation of a water main
on 12th Street, SW.
ANALYSIS
The Agreement .states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
Sun Coast Construction, Inc., until such time that a water line is
constructed on 12th Street, SW by assessment. Sun Coast
Construction, Inc., agrees to pay all fees required to make this
connection. They further agree to participate in the assessment and
to reconnect to this water line as required by IRCDUS.
RECON DATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Sun Coast
Construction, Inc., on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
agreement with Sun Coast Construction, Inc., for
temporary water service,- as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
6
F. Award Bid #3043 - Thermoplastic Material
The Board reviewed the following memo dated March 8, 1993:
DATE: March 8, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
B.T. "Sonny" Dean, Director
Department of General Services
FROM: Fran Boynton Powell, Purchasing Manager*
SUBJ: Award Bid 93043/Thermoplastic Material
Traffic Engineering
BACKGROUND INFORMATION
Bid Opening Date:
Advertising Dates:
Specifications Mailed To:
Replies:
VENDOR
Florida Transcor
Jacksonville, FL
Pavemark Corporation
Atlanta, GA
RECOMMENDATION:
Staff recommends the following:
November 25, 1992
November 5, 12, 1992
Thirty Two (32) Vendors
Two (2) Vendors
BID TABULATION
SEE ATTACHED - B I D
TABULATION
I. Award to Pavemark Corporation based on sample
testing conducted by the Traffic Engineering
Department of both products bid. The low bidder,
Florida Transcor, provided a thereto plastic material
that after six weeks of testing was not as durable as
the same test on the Pavemark material.
2. Establish an Open End Contract with Pavemark
Corporation with a not to exceed amount of $15,000.00
during the contract period.
3. Authorize the Purchasing Manager to renew this
contract subject to satisfactory performance, zero
cost increase, vendor acceptance, and the
determination that renewal is in the best interest
of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
open end contract with Pavemark Corporation with a
not -to -exceed amount, of $15,000.00 during the
contract period, as set forth in the above staff
recommendation.
(NO CONTRACT ON FILE - HANDLED
BY PURCHASE ORDER)
7
BOOK: 89 p4,� 11
MAR I a 1993
A� �� 93
BOOK 89 fAGF 12
G. Community Services Block Grant Housing Rehabilitation Program
Federal Fiscal Year 1993
The Board reviewed the following memo dated March 3, 1993:
TO: The Honorable Members of DATE: March 3, 1993 FILE:
the Board of County Commissioners
THROUGH: H. T. "Sonny" Dean, Director
Department of General Servic
SUBJECT: Community Services Block Grant
Housing Rehabilitation Program
Federal Fiscal Year 1993
FROM: Guy L. Decker, iro REFERENCES:
Executive Director
I.R.C. Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
DESCRIPTION AND CONDITIONS:
The State of Florida's Department of Community Affairs has once
again allocated $6,016.00 to Indian River County under their CSBG
Program, and the Housing Authority would like to utilize this grant
to provide rehabilitation housing consulting services which activates
rehabilitation funding from governmental sources. This program will
run from April 1, 1993 to September 30, 1993.
The Farmers Home Administration Section 504 Program provides
housing rehabilitation loans and grants to low-income and elderly
persons who lack the finances to make their homes decent, safe and
sanitary and free of health and safety defects.
This 1993 Program is targeted in the Sebastian Area of -the County
and 14 low-income and elderly owners will have their homes brought up
to safe and sanitary standards. It's also targeted in Wabasso and
Winter Beach Areas.
ALTERNATIVES AND ANALYSIS:
This is our eleventh year of funding under legislation passed by
the Congress which consolidates various social programs into the block
grant categories.
RECOMMENDATION•
We respectfully request the County Commission to authorize its
Chairman to execute the Award Agreement for submission to the Depart-
ment of Community Affairs for this CSBG grant.
This program will bring about improvements in safety and sanita-
tion for fourteen (14) homeowners with an average cost of $5,000 per
unit. The $6,016 grant plus $2=,695 in cash and in-kind contributions
by the Housing Authority will be supplemented with $72,000 in loans
and grants from the Farmers Home Administration.
This program requires no additional County funds.
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
the Chairman to execute the award agreement for
submission to the Department of Community Affairs
for the Community Services Block Grant, as
recommended by staff.
PARTIALLY EXECUTED COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
H. Miscellaneous Budget Amendment 013
The Board reviewed the following memo dated March 9, 1993:
TO: Members of the Board
of County Commissioners
DATE: March 9, 1993
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 013
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND COMMONS
The attached budget amendment is to appropriate funding for the following:
1. This entry is to appropriate the funding of a donation of $657 from the
Friends of the Library to the North County Library for subscriptions.
2. This entry is to appropriate the funding of a donation of $3,046 from the
Friends of the Vero Beach Library to the Vero Beach Library for
subscriptions.
3. Road and Bridge purchased three (3) vehicles for a total of $100,828 in
fiscal year 1991/92 and we received them in the current fiscal year, 1992/93.
Traffic Engineering. purchased a vehicle in fiscal year 1991/92 at a cost of
$32,987 and we received it in the current year 1992/93. The attached entry
appropriates the funding.
4. Petition _Paving purchased a vehicle in fiscal year 1991/92 at a cost of
$31,206 and we received it in the current year 1992/93. The attached entry
appropriates the funding.
5. At their meeting of September 1, 1992, the Board of County Commissioners
approved the acceptance of the EMS County Awards grant This entry
appropriates the funding.
9
MSIR 16 1993 Boa 89 f,Au 13
wK 89 PAF 14
6. This entry is to allocate the funding of the EMS Matching Grant The
funds were received in fiscal year 1991/92.
7. The Board of County Commissioners approved the purchase of a computer
and printer for commissioner use in the amount of $1,694.
8. On October 20, 1992 the Board of County Commissioners approved the bid
to re -roof the Fellsmere Volunteer Fire Station for $9,800 and Fire Station
# 3 for $15,990. This entry appropriates the funding for the re -roofing.
9. In fiscal year 1991/92 a trailer was budgeted for South County Park. The
trailer was received and paid for in fiscal year 1992/93. The entry
appropriates the funding.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment number 013.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
Budget Amendment 013, as recommended by staff.
TO! Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
GENERAL FUND
North County
SUBJECT: BUDGET AMENDMENT
NUMBER: 013
DATE: March 10. 1993
'GENERAL FUND
!Donations - Main Lihrary lnn�_nnn_���_na� nnic z nwcir n
Main
10
11
PEAR 16 1993 8009 89 FA,E 15
I
EMERGENCY SERVICE DISTRICT
orISIM
M.S.T.U.
Recreation
BOOK 89 [-ACF �
I. Reauest of Kenneth R. Macht for Out -of -County Travel
The Board reviewed the following memo dated March 15, 1993:
To: Board of County Commissioners
From: Kenneth R. Macht
Date: March 15, 1993
Re: Travel Request
I request permission to travel to Tallahassee, FL on
Friday, March 19, 1993 to attend the Land Acquisition
Advisory Council Meeting.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
out -of -county travel for Kenneth R. Macht on Friday,
March 19, 1993 to attend the Land Acquisition
Advisory Council Meeting.
J. Proclamation for Special Olvmpics
MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Proclamation designating March 20, 1993 as Special
Olympics Spring Games Day.
12
PROCLAMATION
WHEREAS, the Special Olympics Area Fourteenth Spring
Games will be held on March 20, 1993 at the South Fork High
School in Martin County; and
WHEREAS, this annual event will draw approximately 300
special athletes from Martin, St. Lucie, Indian River, and
Okeechobee Counties; and
WHEREAS, said special athletes will be competing for
awards, recognition, and the right to represent their counties
at the State Games,
WHEREAS, it is important to all of the community that
these special athletes be recognized for their achievements in
overcoming great odds to compete in these games,
NOW, THEREFORE, be it Proclaimed by the Board of
County Commissioners of Indian River County, Florida that
March 20, 1993 be designated as
SPECIAL OLYMPICS SPRING GAMES DAY
in recognition of the great and courageous effort of the
participants. and the compassion and commitment of the
volunteers who make these games a reality.
APPROVED and ADOPTED on March 16, 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
ICHARD N.. BIRD
Chairman
13
MAR i 6 1993 Boa 89 P,+,F 17
MAR J 6 1993
BOOR 89 FACE Is
SHERIFF'S DEPARTMENT - REOUEST FOR WITHDRAWAL OF FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND
The Board reviewed the following letter dated March 4, 1993:
March 4, 1993
GARY C. WHEELER
VERO BEACH, FLORIDA 32961-0808
Honorable Richard N. Bird, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner Bird:
By way of this letter, I am requesting the withdrawal of $205,302.00 from the
Law Enforcement Trust Fund.
I have attached documents to justify this request. Please place this on the
next regular agenda to be voted on by the commission.
Should any member of the commission have any questions regarding this
request, please do not hesitate to contact me.
Sincerely,
7 Z1. e- 4j�
Gary. Wheeler, Sheriff
Indian River County
GCW:rw
Commissioner Adams asked if a Sheriff's Department substation
will be established at Victory Park.
Commissioner Eggert explained that the Sheriff's Department
will be working one-on-one with the people in the community, and
that this is part of the Community Oriented Police Enforcement
(C.O.P.E.) program.
Commissioner Macht stressed that this will be a partnership of
the community and the Sheriff's Department rather than just a
substation.
14
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the request of Sheriff Gary C. Wheeler to withdraw
$205,302-.00 from the Law Enforcement Trust Fund,
said monies to be used to establish the new C.O.P.E.
program and to sustain the program for one year.
PUBLIC HEARING - KEITH�S OIL CAN, INC."S REQUEST FOR MAJOR SITE
PLAN AND SPECIAL EXCEPTION USE APPROVAL
The hour of 9':05 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
.,.%, �_-.r.f a',.•.: ,moi �
COUNTY OF INDIAN RIVER: STATE OF FLORIDA I
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero
--Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of J r&Z./
In the Court, was pub -
07
fished in said newspaper in the Issues of
o
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
sworn to and subscribed beforeme thir. da + of R .D. 19 ,3
..,, ' (Business Manager)
of
(SEAL)
Indiaq,'River County, Florida)
n1 F10t(t((j
`. ' NOTICE OF PUBLIC NEARMO
Notice of ging to camlder prenf , spacial
caption for an addition io an DNt
smvicefacmty. The subJect proty_pre
S= �the bY sb and ted _at 6955
nmp for the wcation. ;
ddzAmmIft shat fmve t Which parties- In hilmeat and
opporhedty to be heard, Will:
[Whim
by : ftBoard of CamN Conentarmrs of,
c swly. of FFlaida inaim the Coamty Commis -
e Comty
hg, located at 1840 25th Sireet,f , Fla
.A Ida, an Tuesday, Mardi 16, 1993 at 9:05 am. a
i Anyone who may wish to appal any dedsbn `
which may be made at this,me vita sure
to err
sure ' that a verbatim record of theis }
nmade which tWhich thegLpipu�dai�v
ADthe teadeany- a F,
ill be besed.
.�YONE-WW NEEDSA SPECIAL A000MMODA-'
b TION FOR .THIS MEETING MUST CONTACT - THE ,
COUNTY'S AMERICANS WITH DEABWTIED :ACT -
(ADA) COORDINATOR. AT 567-8000 X408 AT;
LEAST 48 HOURS' IN ADVANCErOF THE.MEET;
s . INDIAN RIVER COUNTY g t'
" BOARD OF COUNTY COMMISSIONERII'.
,.Feb. 24,1/ Rt erd d
N �Bh' t( rrrarr 8/884
sot
15
BOOK89 MV
'JAR 16 1993
yCa. y`L bN
99th ST
VILRLRS RD
CH
=.Subject
Site
.t
`. ' NOTICE OF PUBLIC NEARMO
Notice of ging to camlder prenf , spacial
caption for an addition io an DNt
smvicefacmty. The subJect proty_pre
S= �the bY sb and ted _at 6955
nmp for the wcation. ;
ddzAmmIft shat fmve t Which parties- In hilmeat and
opporhedty to be heard, Will:
[Whim
by : ftBoard of CamN Conentarmrs of,
c swly. of FFlaida inaim the Coamty Commis -
e Comty
hg, located at 1840 25th Sireet,f , Fla
.A Ida, an Tuesday, Mardi 16, 1993 at 9:05 am. a
i Anyone who may wish to appal any dedsbn `
which may be made at this,me vita sure
to err
sure ' that a verbatim record of theis }
nmade which tWhich thegLpipu�dai�v
ADthe teadeany- a F,
ill be besed.
.�YONE-WW NEEDSA SPECIAL A000MMODA-'
b TION FOR .THIS MEETING MUST CONTACT - THE ,
COUNTY'S AMERICANS WITH DEABWTIED :ACT -
(ADA) COORDINATOR. AT 567-8000 X408 AT;
LEAST 48 HOURS' IN ADVANCErOF THE.MEET;
s . INDIAN RIVER COUNTY g t'
" BOARD OF COUNTY COMMISSIONERII'.
,.Feb. 24,1/ Rt erd d
N �Bh' t( rrrarr 8/884
sot
15
BOOK89 MV
'JAR 16 1993
r MAR 16 `W
900K 89 PAGE
Planning Director Stan Boling commented from the following
memo dated March 8, 1993:
TO: James Chandler
County Administrator
D N HEAD CONCURRENCE:
Robert M. Reating AI
Community Devvelopment irector
tt
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad/f
Staff Planner, Current Development
DATE: March 8, 1993
SUBJECT: Keith's Oil Can, Inc.'s Request for Major Site Plan and
Special Exception Use Approval for an Addition to an
Existing Self -Service 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 March 16, 1993.
DESCRIPTION AND CONDITIONS:
John H. Dean, Architect, has submitted an application for major
site plan and special exception use approval on behalf of Keith's
Oil Can, Inc. to construct a 3,655 square foot addition to an
existing self -storage facility. The subject site is located at
9895 US Highway 1 and is zoned CG (General Commercial). Special
exception use approval is required for self -storage uses in the CG
district.
The Board of County Commissioners is now to consider granting the
special exception use request. In so doing, the Board is to
consider the appropriateness of the requested use for the subject
site and surrounding area. If warranted, the Board may attach any
conditions and safeguards necessary to mitigate impacts and to
ensure compatibility of the use with the surrounding area.
At its regular meeting of February ll,, 1993, the Planning and
Zoning Commission recommended that the Board of County
Commissioners grant the special exception use request. Also, the
Commission granted major site plan approval subject to the Board's
approval of the use request. Therefore, if the Board grants
special exception use approval, then the major site plan approval
will become effective.
ANALYSIS:
1.
Zoning Classification:
CG,
General Commercial
2.
Land Use Designation:
C/I,
Commercial Industrial
16
911
3. Surrounding Land Use and Zoning:
North: 99th Street (Vickers Road), vegetable stand/CG
(General Commercial)
South: Mobile home park/CG (General Commercial)
East: U.S. Highway 1, groves/RM-6 (Multi -Family 6
units/acre)
West: Vacant/CH (Heavy Commercial)
4. Total Parcel Size: 1.71 acres or 74,487 square feet
5. Self -Storage Building Area: Existing: 19,849 sq. ft.
Proposed: 3,655 sq. ft.
Total: 23,504 sq. ft.
6. Impervious- Surface: Existing: 53,313 sq. ft.
Additional: 0 sq. ft.
Total: 53,313 sq. ft.
The proposed storage facilities will be constructed in areas
covered by existing impervious surface.
7. Open Space: Required: 25%
Provided: 28%
8. Traffic Circulation: The site will continue to access 99th
Street (Vickers Road) via three 22' wide driveways. The
internal vehicular circulation will not require any
modification as a result of the additional storage facilities.
9. Off Street Parking (total site): Required: 28
Proposed: 44
10. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department.
11. Landscape Plan: The type B landscaping buffer to be located
between the proposed storage facilities and 99th Street is
segmented due to an existing access driveway to 99th Street.
All existing green areas are proposed to be properly
landscaped to provide the type B buffer, and all Chapter 926
landscaping requirements are satisfied by the application.
12. Utilities: The site is currently serviced by the county
wastewater system and an on-site potable water well. The
proposed additional storage areas will not be provided with
restrooms or hose bibbs. Therefore, no change to existing
utility services is needed. Neither the Utility Services nor
Environmental Health departments have any objections to
approval of this application.
13. Concurrency: The applicant has paid all fees applicable to a
final concurrency determination and has been issued an
initial/final concurrency certificate.
14. Dedications & Improvements: All improvements and dedications
applicable to the site were provided during the overall
project's initial site plan approval and development in 1989.
The proposed, additional storage areas will not necessitate
any additional improvements or dedications.
17
MAR 16 1993 BOOK 89 Far,-, �1
15. Special exception criteria
facilities located in the
district:
BOOK 89 Pv 22
for self -storage (mini storage)
CG (General Commercial) zoning
A. Storage unit areas shall not exceed fifteen (15) feet in
height from storage buildings;
B. - Storage units shall not exceed three hundred (300) square
feet in size.
C. Outdoor storage, other than for vehicles and boats, is
prohibited. Where outdoor storage of vehicles is to
occur, a type "C" bufferyard shall be provided between
the outside storage area and adjacent right-of-way and
adjacent properties.
D. All outdoor lights shall be shielded to direct light
glare only ont the self-service storage facility
premises. Light and glare shall be deflected, shaded and
focused away from all adjoining property;
E. Self-service storage facility sites shall not exceed
three -(3) acres gross area;
F. Quarters for resident managers may be included within the
facility as an accessory use (the applicant has not
requested such quarters);
G. A Type B buffer shall be required between all structures
and adjacent right-of-way.
Staff has verified that this application satisfies all
applicable specific land use criteria.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval.
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 Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the request of Keith's Oil Can, Inc., for special
exception use approval for an addition to an
existing self-service storage facility, as
recommended by staff.
18
PUBLIC HEARING — JEFFREY A LISA ABERNETHY'S REQUEST TO ABANDON THE
NORTH 10 FEET OF 10TH STREET RIGHT—OF—WAY BETWEEN 22ND AVENUE AND
24TH AVENUE
The hour of 9:05 A. M. having Dassed, the County Attnrnav
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
m
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
Beach in Indian River County, Florida; that the attached copy of advertisement, being
1// LY.
a
An the matter of �1�2a�
In the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, Commission or refund for the purpose of securing this
advertisement for publication In the said newspaper.
Sworn to and subscribed before me tjti dof r-� .19
(SEAL)
(Business Manager)
(uiem of the Circuit Court, Indian River County, Florida)
/yam ��� •; , A 1,
... . ��•tt .lE{yo i7 tpa+
NOTICE OF PUBLIC HEARING
Noft of Mmi% to amWder a pant m -for the
I. d vacation of the north
10,� anof 10th street ria -dway bstwom 241h Avg•
nW aro tad Avmw. said lends Wq and b ft in
f at which parties In bte�rast and
Shall 'han an oppor4nriyr m be heard, wm
be held by the Bowd of CM
CWM*WbW8 of
� C wV AdmkMiftim �
V. bcated at 1840 26th street, Vero Beach, Fier-
kla, on Tuesday. M" #8,1993 at 9:06 a.m.
Anyone who 'may w&th to
which may be made at this me hg wdarhasd
staa that a :verbaft record of the vaceedro is
made which Irddea the testhrhdhy std -evklm
upm whiff tFhe appeal a� be based.-- -
nvnI COORDINATOR AT 66748000 X406 AT
46 --HOURS. IN ADVANCE. OF -THE MEET
INDIAN RIVER COUNTY"; "• 'r'a :!Ti.=:
BOARD OF COUNTY COMNI NIMIERs �.
BY -s -Richard N. Wrd, QW*W
Fab. 24,1993 «• .' : ,::: t,'c,:.977667
sol
19
MAR 161 993 �o�K �� u:u
MAR 16 89 PAGE 24
Planning Director Stan Boling commented from the following
memo dated March 4, 1993:
TO: James E. Chandler
County Administrator
DIV ION HEAD CONCURRENCE:
Robert M. Keatin , A
Community Developmen irector
THROUGH: Stan Boling,
Planning Director
FROM: John W. McCoy, AICP dqA
Senior Planner, Current Development
DATE: March 4, 1993
SUBJECT: Jeffrey & Lisa Abernethy's Request to Abandon the North
10' of 10th Street'Right-of-Way Between 22nd Avenue and
24th Avenue
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of March 16, 1993.
DESCRIPTION AND CONDITIONS:
Robin Lloyd, esquire, has submitted a petition on behalf of Jeffrey
and Lisa Abernethy (owners) to abandon the north 10' of a segment
of 10th Street right-of-way located between 22nd Avenue and 24th
Avenue. Per guidelines established by the Board of County
Commissioners, the petition was reviewed by all county divisions
and utility providers having jurisdiction within the right-of-way.
All reviewing agencies have recommended approval of the
abandonment, with the provision that a drainage and utility
easement be retained over the 10' strip. Although the county would
retain an easement, the property owners would still benefit since
the abandoned right-of-way/easement can be used as setback area.
The owners' stated purpose for seeking this abandonment is to cure
an existing setback encroachment. Approval of the abandonment
request would resolve the setback encroachment.
ANALYSIS:
This portion of 10th Street is not part of the roadway system as
noted on the county Thoroughfare Plan, and is not needed for the
thoroughfare plan system. No road has been constructed in the
right-of-way; however, a portion of the overall right-of-way has
been cleared, and utilities and drainage improvements have been
constructed. The staff has determined that the portion of the
proposed segment of right-of-way to be abandoned -is not needed for
future neighborhood traffic circulation, nor for convenient access
to any private property. Furthermore, approval of the request
(along with the retained easement) will not affect utility
services.
20
J
1. That a drainage and utility easement be retained over the
entire portion of the right-of-way to be abandoned.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners abandon the
county's right-of-way interest to the north, 10' of this portion of
10th Street, and that the Chairman of the Board of County
Commissioners be authorized to execute the attached resolution
(attachment #3) with the following condition:
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Robin Lloyd, attorney for Jeffrey and Lisa Abernethy, conveyed
that this is a good example of citizens working with County staff.
The original request was for the County to abandon the entire
right-of-way. However, partial abandonment will accomplish his
clients' objective.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-64, providing for the closing,
abandonment, vacation and discontinuance of a
portion of 10th Street between 22nd Avenue and 24th
Avenue, as recommended by staff.
RESOLUTION NO. 93-64
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT,. VACATION AND DISCONTINUANCE OF A PORTION OF
10TH STREET BETWEEN 22ND AVENUE AND 24TH AVENUE SAID LAND
LYING IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, on December 21, 1992 Indian River County received a
duly executed and documented petition from Robin Lloyd, Esquire, of
Vero Beach, Florida, requesting the County to close, vacate,
abandon, discontinue, renounce and disclaim any right, title and
.interest of the County and the public in and to a portion of 10th
Street.between 22nd Avenue and 24th Avenue, said lands lying in
Indian River County, Florida.
WHEREAS, in accordance with Florida Statutes 336.10, notice of
a public hearing to consider said petition has been duly published;
and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the board finds that right-of-way is
21
VI1 i93 BOOK 9 FruF 25
not a state or federal highway,
municipality, nor is said right-of-way
the County's street and thoroughfare
given private property. -
nor located
necessary for
network, nor
BOOK 09 PAGE 26
within any
continuity of
access to any
2. The closing, vacation, abandonment, discontinuance and
disclaimer of this public right-of-way is in the best
interests of the public.
3. Notice of the adopting of this resolution shall be forthwith
published once within thirty (30) days from the date of
adoption hereof; and
4. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes 336.10 in the Official Record Books of Indian River
County without undue delay.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the public in
and to that certain right-of-way being known more particularly
described as:
The North ten feet of a 70' right-of-way known as 10th
Street between the West line of 22nd Avenue and the West
line of Heritage Estates, as shown on the plat recorded
in Plat Book 61 Page 55 of the Public Records of Indian
River County, Florida, more fully described as follows:.
BEGIN at the Southwest corner of Heritage Estates, the
corner common to Lots 9 and 10 in Block B as shown on the
aforementioned plat, and run on an assumed bearing, East
along the south line of Lots 10, 11 and 12 in Block B, a
distance of 436.69 feet to the beginning of a 25 foot
radius curve concave to the Northwest. Then run
Northeasterly along the arc of the curve, through a
central angle of 90 degrees 431, an arc distance of 39.58
feet to a point in the West line of 22nd Avenue. Then
run S 0 degrees 43' E along the West line, a distance of
10 feet to the beginning of a 25 foot radius curve
concave to the Northwest. Then run Southwesterly, along
the arc of the curve, through a central angle of 90
degrees 431, an arc distance of 39.58 feet to a point
lying 10 feet South of the South line of Heritage
Estates. Then run West, parallel with the .said South
line, a distance of 436.69 feet to a point in the West
line of Tract ill Section 11, Township 33 South, Range 39
East. Then run N 0 degrees 43' West along the said West
line, a distance of 10 feet to the POINT OF BEGINNING.
North right-of-way of 10th Street. Containing 4,619.69
square feet, or 0.106 acres, lying in Indian River
County, Florida.
is hereby forever closed, abandoned, vacated, discontinued,
renounced and disclaimed.
Reserving unto Indian River County the entire right-of-way as an
easement for drainage and utilities, and this easement is reserved
in perpetuity unto the County and the Public and shall not be
deemed to have been closed or abandoned in any way by this
resolution.
22
W
The foregoing resolution was offered by Commission
Eggert who moved its adoption. 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 Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16 day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: Z���d��
Richard N. Bird, Chairman
Board of County Commissioners
PUBLIC HEARING - EXCHANGE OF COUNTY -OWNED LAND NEAR TRACKING
STATION PARK FOR GIFFORD COMMUNITY CENTER LAND
The hour of 9:05 A. M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Dally
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
say^ t t,at he Is Business Manager of!! —ro Beach Press -Journal, a daily newspaper published
at Vero Beach In Indian River County, I lorids; that the attached copy of advertisement, being
a
In the matter
In the �a Court, was pub-
Ilehed In said newspaper In the issues of v <
Affient 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 dally 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. i
Sworn to and subscribed before me
d •..� r
(Clerk of
(SEAL)
(Business Manager)
'—� _ 11 Z71 • 14
Ien,v,y I r, e., wets v1 rwrw
My Comm "Im bphes Jug 29, 199
23
m.ers.+;a�,rr� PUBLIO ftEARB10 3118/&9 .
i` »"` ` PROPOS® EXCHANGE qq i- "t",
E On Tuesday - March 18, 1M, at 805 a m , theBoard of, Courcy C anere of hater RNw
' Cafdy: Fbrida, will conalft exderghng on . W?' � Shores t Wd m Trac g
Stdm Park with the Town of hatan Riva hda"m
d for38 ec I I of land an which the GH -
ford Center Is shoaled. The Calmly
wadi h WW0 a fVd- fAM refusel h the Town aver
decides to ad or of owse dispose of the tive-afe
beach Anyone Meted In this exchange shoule be pro-,
sent at the pubic hearty and YA be given an op.
P_Ww ty.to:apeak farorage6mt the proposed ex-.
11 11
Anyone who may wish to appealarty dedsicn which
may be m at thisrneeling we reed to ensure
that a verbatim record of the prod Is
which
hkw Is, "and eykletne upmthe al'ijeel
wtdolt
rya a w�hpo needs a'special aoom mdatim for
the Cam
With 0160 8ea�Actt (AADDA)) C milydw
at 567-
8D00, Ext 408, at Met 48 hours In advance of the
N3
23,
Feb.1 1
BOOK 89 Pia 27
r
MAR I P BOOK 89 PAGE 28
Attorney Vitunac presented the following memo dated March 3,
1993:
TO: BOARD OF COUNTY COMMISSIONERS
}
FROM: Charles P. Vitunac, County Attorney
DATE: March 3, 1993
RE: 2XcMGE OF COUNTY -OWNED LAND NEAR TRACKING
STATION PARR FOR GIFFORD COMMUNITY CENTER LAND
The Board of County Commissioners recently approved exchanging
approximately five acres of land in Indian River Shores near Tracking
Station Park for approximately 39 acres on which the Gifford Community
Center has been built. In addition the Town has agreed to pay the
County $125,000 and to give the County the right of first refusal on any
future sale.
Section 125.37, Florida Statutes, authorizes such an exchange, provided
that a notice setting forth the terms and conditions of any such
exchange shall first be published once a week for at least two weeks
before adoption by the Board of a resolution authorizing the exchange.
The appropriate notice has been published in the paper and the attached
resolution is presented to the Board for adoption to effectuate the
exchange of properties.
REQUESTED ACTION: Board adopt the attached resolution authorizing
exchange of property, acceptance of the $125,000, and execution of
County deed by Chairman.
Administrator Chandler explained that this exchange was''
previously approved by the Board.
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 93-65, authorizing the exchange of
approximately 5 acres of land in the town of Indian
River Shores for approximately 39 acres of land on
which the Gifford Community Center is located and
$125,000.00, as recommended by staff.
COPY OF DEED IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
24-
RESOLUTION NO. 93- 65
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF -INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE EXCHANGE OF
APPROXIMATELY FIVE ACRES OF LAND IN THE
TOWN OF INDIAN RIVER SHORES ADJACENT TO
TRACKING STATION PARK FOR LAND NEAR
WHICH THE GIFFORD COMMUNITY CENTER IS
LOCATED (GIFFORD PARK), OF APPROXIMATELY
39 ACRES, WITH EACH PARTY HAVING A
RIGHT -OF -FIRST REFUSAL ON ANY FUTURE SALE
OR OTHER DISPOSAL OF THE OTHER'S PROPERTY
AND WITH THE TOWN PAYING THE COUNTY
$125;000.
WHEREAS, Indian River County is the owner of approximately five acres
of land in the Town of Indian River Shores adjacent to Tracking Station
Park; and
WHEREAS, the County has determined that the land is surplus to
the needs of the County and can be better used by the Town; and
WHEREAS, the Town has approximately 39 acres of land in the Gifford
community near which the County has built the Gifford Community Center
(Gifford Park), which land is now surplus to the needs of the Town; and
WHEREAS, the Town and the- County believe that the public interest
would be better served by the exchange of these properties; and
WHEREAS, the Town has agreed to give the County $125,000 and the
right -of -first refusal on any sale or other disposal by the Town of the beach
property and : the County will give the Town the same right -of -first refusal
on the Gifford property,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
I. The Chairman of the Board of County Commissioners is authorized to
execute a County deed of the referenced beach property in return for
which the County will accept a city deed on land near the Gifford
Community Center property (Gifford Park), containing a right -of -first
refusal, and $125,000.
2. The County deed shall contain a restriction that the County will have
the right -of -first refusal if the Town ever decides to sell or otherwise
dispose of the beach property transferred.
25
BAR 6 19� BOOK 9 fgF
PEAR 16 1993 BOOK U .30
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 16th day of March , 1993.
Attest:
Jeffrey !(,—Barton, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By /'
Richard N. Bird
Chairman
AWARD BID #3052 - VISTA ROYALE/VISTA GARDENS PUMPING STATION FORCE
MAIN. CONTRACT 2
General Services Director Sonny Dean commented from the
following memo dated March 3, 1993:
---------------------------------------------------------
DATE: March 3, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adm' istrator
H.T. "Sonny" Dean, Director
Department of General Servi s
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #3052/Vista Royale/Vista Gardens
Pumping Station Force Main, Contract 2
--------------------------------------------------------
BACHGROUND INFORMATION:
Bid Opening Date: January 27, 1993
Advertising Dates: Dec 15, 22, Jan 5, 19
Specifications Mailed to: Thirty (30) Vendors
Replies: Three (3) Vendors
VENDOR BID TAB
Schopke Construction $1989592.00
Melbourne, FL
P & C Construction
Murdock, FL
26
$2079978.00
Speegle Construction $2119000.00
Cocoa, FL
TOTAL AMOUNT OF BID: _51989592.00
SOURCE OF FUNDS: Utilities General - Impact Fees
BUDGETED AMOUNT: $1459000.00
Amount over Budget will come from Utility Impact
RECOMMENDATION: Fee Cash.
Staff recommends that the bid be awarded to Schopke
Construction as the lowest, most responsive and
responsible bidder meeting specifications as set forth in
the Invitation to Bid. In addition, staff requests the
Board's approval of the attached Agreement when all
requirements are met and approved as to form by the County
Attorney.
Chairman Bird asked Administrator Chandler how we determine
whether a matter is handled by Utilities or General Services.
Administrator Chandler explained that if the Purchasing
Department gets the bid, it is placed on the agenda under General
Services, because Purchasing is a division of General Services.
Chairman Bird asked, and Administrator Chandler confirmed,
that the Utilities Department works closely with Purchasing on
these bids, and all bids that come through Purchasing are reviewed
by the appropriate department before staff makes a recommendation
to the Board.
Commissioner Eggert asked whether this was a change in
procedure.
Administrator Chandler explained that there has been no change
in procedure. At a recent meeting, the Board requested that large
expenditures be listed as separate items on the agenda under the
appropriate department instead of on the consent agenda.
There was discussion about why Purchasing reports to General
Services instead of directly to the County Administrator, but
Administrator Chandler felt that it is more efficient and there is
greater efficiency if Purchasing reports to General Services.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board unanimously awarded
Bid #3052, Vista Royale/Vista Gardens Pumping
Station Force Main, Contract 2 in the amount of
$198,592.00 to Schopke Construction, as recommended
by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Peri
MAK 1 6 1993 BOOK 1 89 f -AGE 3
MAR 16 1993 BOOK 89 f',,,F 32
CABLE AND GARBAGE FRANCHISE AUDIT
OMB Director Joe Baird presented the following memo dated
March 10, 1993:
TO: Members of the Board
of County Commissioners
DATE: March 10, 1993
SUBJECT: CABLE AND GARBAGE FRANCHISE AUDIT
OFFICE OF MANAGEMENT AND BUDGET
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Earlier this year the Board of County Commissioners requested staff review the cost of
having Indian River County's Cable and Garbage Franchises audited to make sure the
County is receiving the correct franchise revenue. Staff has met with Coopers & Lybrand,
the County Auditors, to obtain their opinion and receive a quote for the cost. All audit
costs must be borne by the County not the franchise.
ANALYSIS
To clarify the analysis of the franchises we have separated Cable and Garbage.
Cable Franchise
The two (2) cable franchises in Indian River County are T.C.I. and Falcon Cable. The
auditors and staff have reviewed both franchise agreements and related documents. It was
found that Falcon Cable had a third party auditor verify the franchise revenue Indian River
County received. Our auditors feel that the third party verification was sufficient and
having an audit._ done in addition would be unnecessary.
T.C.I. Cable does not have a third party verify the revenue. T.C.I. Cable services both
Indian River County and City of Vero Beach. City of Vero Beach had also requested
Coopers & Lybrand review the cost to verify their franchise revenue; therefore, the auditors
submitted a joint proposal. Coopers & Lybrand has outlined a Scope of Work they feel
would be necessary to review T.C.I. Cable revenues and receive a reasonable comfort level
on the Indian River County and City of Vero Beach Franchise Revenue.
The cost of performing the total review as outlined in the Scope of Work attached is
$5,000-$7,000. City of Vero Beach cost is estimated at $1,565 to $2,190 and Indian River
County is $3,435-$4,810. Staff arrived at the pro rata cost based on the 1991/92 franchise
revenue from T.C.I. Cable (City of Vero Beach 1991/92 revenues were $143,858 and Indian
River County 1991/92 revenues were $316,026).
Staff is asking the T.C.I. Cable company if they would be receptive to having language
added to their franchise agreement which would require a third party audit verification to
be done to save the County from going through this process in the future.
28
r
Garbage Franchise
The two franchised garbage collectors are Treasure Coast Refuse and Harris Sanitation.
Both garbage franchises do not have their revenues verified by a third party. Coopers &
Lybrand estimate the cost of reviewing the garbage franchise revenue for both Treasure
Coast Refuse and Harris Sanitation at between $5,000 and $7,000 in total. Last year the
County received $57,879 in revenue from Treasure Coast Refuse and $48,689 from Harris
Sanitation.
If the Board of County Commissioners feels a franchise revenue review is necessary, it will
cost $7,000 for the Garbage Franchise and $4,810 for the County's portion of the T.C.L
Cable review. Money to be transferred from M.S.T.U. contingency.
Director Baird recommended that in the future we try to get
the franchisees to have a third party verify the money, as Falcon
Cable has been doing. However, the companies involved might be
reluctant to do this because it would cost them money.
Chairman Bird felt that they might go along with it rather
than have outside auditors coming in and examining their records.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
have Coopers & Lybrand review the franchise revenue
of T.C.I. Cable at a cost of $4,810.00 and the
franchise revenueS of Treasure Coast Refuse and
Harris Sanitation at a total cost of $7,000.00, as
recommended by staff.
AGREEMENT FOR REVIEW OF T.C.I. CABLE FRANCHISE REVENUE
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD;
AGREEMENT FOR REVIEW OF TREASURE COAST REFUSE AND
HARRIS SANITATION REVENUE WILL BE PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN FULLY EXECUTED AND RECEIVED
L
29
BOOK 89 FAE .33
r
MAR 16 199 800K 89 P�vF 34
BOND REFINANCING STATUS
OMB Director Joe Baird presented the following memo dated
March 10, 1993:
TO: Members of the Board
Of County Commissioners
DATE: March 10, 1993
SUBJECT: BOND FINANCING STATUS
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
Interest rates in the bond market reached their lowest point in a decade with 30 year tax exempt
bonds selling at an average of 5.6% interest rate (fixed). In an effort to take advantage of these
low interest rates, staff has been working with our underwriter, bond counsel, financial advisor,
rating agency and bond issuers on refinancing all the County's utility bond issues and financing
some proposed utility capital projects. The Utility bond issues proposed to be refinanced are:
Interest
Rate
Amount of
Bond
Bond Issue
5%
$9,200,000
F.H.A Gifford Sewer Revenue Bonds, Series 1989
7%
$450,000
F.H.A. Bent Pine Revenue, Series 1989
7385%
$6,510,000
Water and Sewer Refunding Bonds, Series 1989
6.70%
$9,205,000
Water and Sewer Revenue Bonds, Series 1991
7.75%
$6,075,000
North County Sewer Assessment Bonds, Series 1989
7.68%
$720,000
Rodiridge Water and Sewer Assessment, Sef1es 1990
There is a potential to reduce annual debt service payments by refinancing other County debt
William R. Hough and Company reviewed the Golf Course debt and based on today's bond
market we could save approximately $40,000 in annual debt service payments. Staff feels we
should review all our debt bond issues and refinance if their is substantial savings.
We are aware that the Board of County Commissioners would like staff to send out proposals for
each bond issue; however, because of the time involved (usually sig to eight weeks) in sending out
proposals, we could miss the opportunity of taking advantage of the low interest rates. In light
of the circumstances, we are requesting permission to utilize William R. Hough and Company for
the other County refinancing since they are currently working on the Utility refinancing.
RECOMMENDATION
Board of County Commissioners authorize staff to proceed in refinancing Utility debt and
authorize staff to utilize William R. Hough & Company for the other County refinancing, if
necessary.
W
Director Baird commented that this would relieve us of our
obligation to the FHA, which has a clause stating that they have
the right to require us to pay off the bonds at any time.
Chairman Bird asked if we were authorizing William Hough & Co.
to look at the six existing issues as well as the golf course bonds
and present a proposal, and whether we are indebted to William
Hough & Company if we decide not to proceed with refinancing.
Director Baird explained that staff is asking the Boardfs
permission today to proceed with refinancing. If the market
becomes unfavorable, we are under no obligation to William Hough &
Company.
Administrator Chandler clarified that the Utilities
refinancing was previously approved by the Board. Staff is asking
the Board today for permission to refinance the golf course and
other bonds if a lower interest rate is available.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to proceed with refinancing utility debt as
previously approved by the Board, and utilize
William R. Hough & Company for other County
refinancing if a lower interest rate is available,
as recommended by staff.
RESOLUTION FOR BOND FINANCING - PHASE II UTILITIES ASSESSMENT
PROGRAM
Director Baird explained that the resolutions are a new U. S.
Treasury Department requirement and will be presented to the Board
for approval on an emergency basis, because timing is critical in
order to save the maximum amount of money.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-66, establishing its intent to
reimburse certain expenditures in connection with
the Phase II Water Main Extension project from the
proceeds of future bond issues; and providing an
effective date, as recommended by staff.
31
MAR 16 1993
BOOK 9 F., :J
r
MAR J 6 1993
BOOK 89. FACUE :36 -7
RESOLUTION NO. 93 -.66
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE
CERTAIN EXPENDITURES IN CONNECTION WITH
THE PHASE II WATER MAIN EXTENSION PROJECT
FROM THE PROCEEDS OF FUTURE BOND ISSUES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida (the "County") expects to make certain
expenditures in connection with the Phase 11 Water Main Extension Project of the County;
and
WHEREAS, the County intends to reimburse itself for said expenditures from the
proceeds of future bond issues.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF Indian River County, FLORIDA that:
1. The County expects to make certain expenditures in connection with the Phase
II Water Main Extension Project of the County (the "Project"). The County intends to
finance said expenditures by the issuance of one or more future bond issues. Some or all
Of said expenditures are expected to be paid prior to the issuance of said future bond
issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the
Utility Impact Fee Fund and the Utility Special Assessment Project Fund of the County.
The County intends to reimburse said funds for said expenditures out of the proceeds of
said future bond issues. The maximum principal amount of said future bond issues
expected to be used for said reimbursements is $1,661,273. Said expenditures include
without limitation expenditures for the acquisition, construction, furnishing and equipping
the Project, for reports, studies and projections in connection. with the Project, for
engineering, surveying and legal work in connection with the Project and for other items
directly related to the Project.
2. This Resolution shall constitute a "Declaration of Official Intent" within the
meaning of Section 1.103-18 of the federal income tax regulations.
3. The Clerk of the Board of County Commissioners of the County is hereby
directed to make a copy of this Resolution available for public inspection during regular
business hours at the Office of the Clerk in the County Administration Building beginning
no later than thirty (30) days following the adoption of this Resolution and to keep the
same available for public inspection at such place and during such hours until the date
upon which the bond issues herein mention are issued and delivered by the County.
This Resolution shall take effect immediately upon its adoption.
32
The foregoing resolution was offered by Commissioner Eggert
who moved for its adoption. 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 Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Ave
The Chairman thereupon declared the Resolution duly passed and adopted this 16th
day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(SEAL) By:
Richard N. Bird, Chairman
Attest:
Jeffrey K..Barton, Clerk
NEW COPY MACHINE FOR CIRCUIT COURT - BUDGET AMENDMENT 014
Director Baird commented from the following memo dated March
15, 1993:
TO: Members of the Board
of County Commissioners
DATE: March 15, 1993
SUBJECT: NEW COPIER FOR CIRCUIT COURT
BUDGET AMENDMENT 014
EMERGENCY AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The Circuit Judges have requested that an emergency item be placed on the Board of
County Commissioners agenda for them to purchase a Savin 9350 copier at a cost of
$6,554.00. The funding will come from the Court Facility Fund Contingency.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment in the amount of $6,554.00
33
MR 16 1993 BOOK 89 PAGE 37
MAR J 6 1993 BOOK 89 FA,F e]8
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Budget Amendment 014 in the amount of $6,554.00 for
the purchase of a new copy machine for Circuit
Court, as recommended by staff.
TO: Members of the Board
of County Commissioners
SUBJECT: BUDGET AMENDMENT
NUMBER: 014
FROM: Joseph A. Baird DATE: March 15, 1992
OMB Director CORRECTED EMERGENCY ITEM
Entry
MASTER PLAN UPDATE - WATER. SEWER AND EFFLUENT DISPOSAL
The Board reviewed the following memo dated March 10, 1993:
DATE: MARCH 10, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTI SERVICES
PREPARED WILLI cCAIN
AND STAFFED CAP ENGINEER
BY: DEPAR OF UTILITY SERVICES
SUBJECT: MISTER PLAN UPDATE (WATER, SEWER, AND EFFLUENT
DISPOSAL)
BACKGROUND AND ANALYSIS
On March 24, 1992, the Indian River County Board of County
Commissioners approved a contract with Brown and Caldwell for an
update to all our existing Master Plans. This work is now complete,
and we will be distributing copies of the update this week to the
Commission for review. After the Commissioners have completed their
review of the Master Plan, the Utilities Department would like to
have Brown and Caldwell, along with staff, make a formal
presentation of the Plan to the Commission. This will facilitate
the Board's familiarity with the Plan, as well as allow for any
questions the Board may have.
34
The staff of the Department of Utility Services recommends that the
Board of County Commissioners set a date for the formal presentation
of this Plan, as well as acceptance of the Plan at the culmination
of the presentation.
Administrator Chandler estimated that the workshop will take
about two hours.
ON MOTION by Commissioner Macht, SECONDED by
commissioner -Adams, the Board unanimously agreed to
schedule a workshop on Tuesday, March 30, 1993 for
the purpose of presenting the updated Water, Sewer
and Effluent Disposal Master Plan, ps recommended by
staff.
APPOINTMENT TO FILL EXECUTIVE AIDE POSITION
Chairman Bird distributed the following summary of three
possible scenarios that he prepared with the help of J. K. Barton,
Clerk to the Board; Administrator Chandler; and Personnel Director
Jack Price:
Prepared by: Personnel 3-15-93
Requested by: D. Bird -BCC Chmn
SCENARIO "A"
BCC CLERK
Sec. II (New) $20,242 **Supervisor $35,760
**Rec.Sec. I 27,557
**Rec.Sec.II 27,879
***Rec.Sec.III (White) 37,047
***Rec.Sec.II (Masi) 32,908
***Rec.Sec.II(Caldwell)31,124
Sub -total $20,242 $192,275
Total for Scenario "A" $212.517
SCENARIO "B"
BCC
Exec.Aide (New)($28,250) $38,254
***Admin.Ass't II (Masi) 32,908
***Admin.Ass't II(Caldwell) 31,124
***Admin.Sec. II (White) 37,047
Sub -total $139,333
CLERK
**Supervisor $35,760
**Rec.Sec. I 27,557
**Rec.Sec.II 27,879
$ 91,196
Total for Scenario "B" $230,529
35
MAR 61993 eooK FA"
F.
I
F,
BCC
SCENARIO "C"
***Exec.Aide(White)($28,664)$38,774 #1
***Adm.Ass't II (Caldwell) 31,124
Adm.Ass't II (New) 27,211
***Adm.Sec. II (Masi) 33,800 #1
Sec. II (New) 20,242
Sub -total $151,151
Total for Scenario "C" __$242.347
Footnotes
#1 Promotion
** Current employee of CLERK
*** Current employee of BCC
aooK 89 F},,E 40
CLERK
**Supervisor $35,760
**Rec.Sec. I 27,557
**Rec.Sec.II 27,879
$ 91,196
Chairman Bird explained that the amounts in all three
scenarios represent salaries plus fringe benefits. He emphasized
that he did not have a problem with any of the personnel who
presently support the Board, but he felt that Mrs. Forlani's
retirement gives the Board an opportunity to determine whether a
different arrangement could be made to save money without
diminishing efficiency.
Chairman Bird related that Scenario C follows Mrs. Forlani's
recommendation to promote Alice White and hire two new personnel
who would report directly to the Board, for a total cost of
$242,347. Scenario B would be to hire an Executive Aide but not a
Secretary II, for a total cost of $230,529.
Chairman Bird felt that Scenario A was a little more
innovative and would save the County about $30,000 a year. A new
entry-level Secretary II position would be created, and the person
hired for that position would report directly to the Board, handle
personal correspondence for the Commissioners, answer telephones,
process incoming mail, and manage the office on behalf of the five
Commissioners. The three Administrative Assistants would be
transferred to the Clerkfs office and report to one supervisor,
along with the two Recording Secretaries.
Chairman Bird mentioned that Clerk of Court J. K. Barton feels
that Scenario A would work. Job responsibilities, pay and status
would not change. The Recording Secretaries would continue to
function as they do now, but they would be employees of the Clerk
to the Board instead of the BCC.
Commissioner Eggert stated she could not support Scenario A,
where Board personnel would be supervised by someone other than the
Board members, and was comfortable with the current system because
36
L—�
- M M
it has checks and balances. She felt that one secretary could not
handle all the tasks mentioned by Chairman Bird and still take care
of the public and pointed out that this is not the first time the
Board has tried -to find ways to be more cost-effective. They have
already reduced their staff from five employees to four employees,
which is a 20% reduction. She felt that Senario B was a workable
compromise, although she preferred to hire the additional person.
Commissioner Tippin stressed that the office operates quite
efficiently the way it is. Even though two supervisors might seem
to be redundant, he understood that the BCC minutes are required to
be handled by employees of the Clerk to the Board.
Attorney Vitunac confirmed that one of the responsibilities of
the Clerk to the Board is taking minutes at BCC meetings.
J. K. Barton, Clerk, emphasized that he had no interest in
empire building but was asked if there is a way to save money and
deliver the same or a better level of service. He explained that
the Florida Constitution defines his office as keeper of the
records, which some counties interpret to mean that committee
meetings should be the responsibility of the Clerk to the Board.
He was willing to accept that responsibility.
Attorney Vitunac advised that it is legal for BCC meetings to
be handled by employees of the Clerk to the Board and committee
meetings to be handled by Commissioners' secretaries. However, the
Clerk to the Board is the official record keeper.
Commissioner Adams asked Mr. Barton if he wanted to assume
additional responsibility or was just being accommodating.
Mr. Barton emphasized that he was willing to assume additional
responsibility if it would save money and get the job done. He
envisioned two pools of people. The Administrative Assistants
would continue to take minutes of special committee meetings and
also serve as personal secretaries to the Commissioners. The three
Recording Secretaries would continue to take minutes of regular
Board meetings.
Commissioner Adams was comfortable with the present
arrangement and did not want to see it changed. She spends about
30 hours a week here and feels that the Administrative Assistants
are doing a good job. She preferred that the Administrative
Assistants report directly to the Board. She would be willing to
forego filling the Secretary II position at this time and pointed
out that an additional person could be hired later if necessary.
Commissioner Macht felt that organizational integrity will be
compromised if the Board no longer has direct control over the
Administrative Assistants, and stressed that it is rare to have an
executive body with no direct control over its operatives. He was
37
�anK
BAR 1 1993 �:,;� 1
MAR
BOOK 89 PvF 42
concerned that confidentiality might be lost if the Administrative
Assistants did not report directly to the Board. He added that
hiring a receptionist for the Commissioners' office would increase
efficiency.
Commissioner Eggert asked Mrs. Forlani whether Alice White
could continue to handle her present responsibilities if she is
promoted to the Executive Aide position. Instead of hiring an
Administrative Assistant II, a Secretary II could be hired to serve
as receptionist.
Mrs. Forlani felt that if Alice White is promoted to Executive
Aide,, it will create too much of a workload for her to continue
handling her present duties, because the minutes of her five
committees are difficult and time-consuming.
Commissioner Eggert felt that maybe the the new Executive Aide
could carry a couple of those committees, and the new
Administrative Assistant II could handle receptionist duties too.
Commissioner Macht asked, and Mrs. Forlani confirmed, that the
Executive Aide position would be posted on County bulletin boards.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
advertise for the Executive Aide position, followed
if necessary by an advertisement for the
Administrative Assistant II, forget the scenarios
and leave everything else status quo.
38
LETTER FROM SANTA ROSA COUNTY REGARDING CURRENT LEGISLATION IN
TALLAHASSEE
The Board reviewed the following letter dated March 10, 1993:
Board of County Commissioners
LYDIA EZELL, District One
H. BYRD MAPOLES, District Two
W. S. (BILL) LUNDIN, District Twee
IRA MAE WELLS HEWATT, District Four
DAVID C KESSLER, District Five
801 Caroline St., S.E., Suite`;
Milton, Florida 32570.4978
(904)623.0135 (904) 939-1259
(904) 994-1335 (904) 623-1684 FAX
March 10, 1993
Res ELMS III Recommendation R-55
Dear County Commissioners
THOMAS V. DANNIIEISSER, County Attorney
GUS SCHUSTER. Budget Director
ERNIE PADGETT, County Administrator
A Bill is marching through the legislature that will remove
local authority over local comprehensive plans. House Bill (PCB -
CA 93-01) and Senate Bill 1166 contain Recommendation 55 of the
ELMS III Report (R-55), which provides that comprehensive plan
amendments will not become effective until and unless the amend-
ment is found to be in compliance by DCA or the Administration
Commission (Governor and Cabinet). R-55 would put the final nail
in the coffin of counties losing local control over their local
land use decisions. This is a drastic reversal of the existing
state of the law.
The Florida Association of Counties staff is of the opinion
that the total -ELMS III package contain sufficient benefits to
counties to outweigh the negative impact of R-55. Santa Rosa
County strongly disagrees.
As you are aware, at the present time there aretwo methods
for adopting an amendment to Your comprehensive plans
I. Florida Statutes 163.3184 establishes the standard
procedure for adoption of a comprehensive plan or plan amend-
ments.
This process starts with local government transmittal of the
amendment to DCA, followed by an ORC report from DCA to the local
government. At that point the local government may proceed with
adoption of the amendment. The amendment is then legally effec-
tive and can not be modified or reversed by the DCA or the Admin-
istration Commission.
39
MAR 16 1993 Boa 8 Pv,F
MAR 16 1993
March 10, 1993
Page 2, Cont.
BOOK 89 F.{,F 44
DCA then only has the option of issuing a notice of intent
to find the amendment in non-compliance and the amendment would
go to a hearing' -officer for a recommended order and then to the
Administration Commission for final agency action. The Adminis-
trative Commission is then given the authority to impose various
sanctions on the local government but is not authorized to re-
verse or modify the local government action.
2. Presently, Florida Statute 163.3189 establishes, an
alternative method for adopting a plan amendment. This section
allows a county to avoid the possibility of sanctions by making
the effectiveness of the amendment contingent upon DCA approval
or approval by the Administration Commission.
However, R,-55 will make this optional method mandatory.
Counties will no longer have authority to make their local land
use decisions effective.
There is.absolutely no reason why counties should give away
this most basic home rule power to decide local land use issues.
DCA knows that it is more difficult for DCA to prevail in a plan
amendment hearing than in a hearing on the original comprehensive
plan. Additionally, the likelihood of the Administration Commis-
sion imposing sanctions for the supposive non-compliance of a
single plan amendment is much less than for non-compliance of an
original comprehensive plan.
House Bill (PCB -CA 93-01) and Senate Bill 1166 are rapidly
moving through the process towards legislative approvall If we
do not immediately contact our legislators and voice our strong
objections, R-55 will soon become law.
Sincerely,
0
d1tra'.ae
Xa Hewatt
Chairman
Director Keating explained that he discussed the letter with
Deputy County Attorney William G. Collins. The Department of
Community Affairs (DCA) has the authority to determine whether
comprehensive plan amendments are in compliance. Under current
law, the Board has the option to adopt an amendment with the
provision that it can only go into effect after the DCA finds it in
compliance, in order to avoid state -imposed sanctions.
Attorney Collins advised that changing the wording from
"optional" to "mandatory" would mean that all comprehensive plan
amendments would be subject to DCA determination. He had some
concerns about whether this transfer of authority to the State was
legal. Attorney Collins agreed with the letter from the Board of
Commissioners of Santa Rosa County. -
40
� ® s
Chairman Bird stressed that if the Board agrees with the Santa
Rosa County Board of Commissioners, a resolution must be drawn up
immediately and faxed to Tallahassee.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht, to adopt Resolution 93-67,
opposing recommendation R-55 of the ELMS III report,
and direct staff to forward it to Tallahassee via
facsimile machine immediately.
Under discussion, Commissioner Tippin offered to take a copy
of the resolution with him to Tallahassee on Friday, in addition to
sending a copy today via facsimile machine.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
RESOLUTION NO. 83-67
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, OPPOSING RECOMMENDATION R-55 OF
THE`,ELMS III REPORT.
WHEREAS, the ELMS III Report contained a Recommendation
(R-55) which provided that comprehensive plan amendments will not become
effective until and' unless the amendment is found to be n. compliance by the
Department of Community Affairs or the Administrative Commission; and
-WHEREAS, that Recommendation R-55 has been incorporated in
House Bill (PCB -CA 93-01) and Senate Bill 1166; and
WHEREAS, the implementation of this Recommendation into law
would transfer final decision making authority from local governments to an
executive agency of the state; and
WHEREAS, local land use decisions are best made at the local
level; and
WHEREAS, legislative decisions dealing with public health, safety
and welfare in matters of land use have always been a matter of local
legislative concern; and
WHEREAS, the 1992 Florida Legislature in Chapter 92-129, Laws of
Florida, created Section 163.3189 of the Florida Statutes to provide for an
alternative procedure whereby a local government may elect to amend its
comprehensive plan, with such plan amendment not becoming effective until
the State Land Planning Agency issued a notice of intent to find the adopted
amendment in compliance or until the Administrative Commission issued a final
order finding the adopted amendment in compliance; and
41
MAR J 6 1993 BOOK 89 PPE 45
MAR 16 1993 BOOK 09 FA"F. 46
RESOLUTION NO. 93- 67
WHEREAS, the Board of County Commissioners of Indian River
County, Florida applauds that option provision as a means of avoiding
unnecessary and costly administrative hearings on plan amendment compliance
issues; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida believes that a mandatory approval by the State Land
Planning Agency of comprehensive plan amendments would effectively
transfer all local power over land use decisions to a state executive agency;
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, is
strongly opposed to the incorporation of ELMS III Report Recommendation
R-55 into House Bill (PCB -CA 93-01) and Senate Bill 1166; and
BE IT FURTHER RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, endorses the
optional alternative process for amendment of adopted comprehensive plans as
provided_ for by the legislature in Chapter 92-129, Laws of Florida.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Macht , 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 Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16th day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: _ By
"ti, L Ric d N. Bird, Chairman
Jeffrey K. Barton, Clerk
42
1993 TOURISM STRATEGIC PLAN
The Board reviewed the following memo dated March 5, 1993:
TO: John W. Tippin, Chairman - Tourist Development Council
FROM: 4-14- William G. Collins II - Deputy County Attorney
DATE: March 5, 1993
SUBJECT: 1993 Tourism Strategic Plan
Attached is an amended contract with Regional Research Associates, Inc.
The contract is for the development of a strategic plan for tourism as
recommended by the Tourist Development Council on February 24, 1993, and
as funded by the Board of County Commissioners by adoption of the fiscal
year 1992/1993 budget.
This contract can be brought to the full Commission under your matters on
any_ regular agenda.
ON MOTION by
Commissioner Adams,
SECONDED by
Commissioner
Tippin,
the Board
unanimously
authorized the
Chairman
to execute a
contract with
the Tourist Development
Council for the development
of a strategic
plan for
tourism.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
RESOLUTION ESTABLISHING THE BEACH AND SHORE PRESERVATION ADVISORY
COMMITTEE
The Board reviewed the following memo dated March 10, 1993:
TO:
FROM:
RE:
DATE:
Board of County Commissioners
Commissioner Fran Adams
Resolution establishing Beach and Shore Preservation
Advisory Committee
March 10, 1993
I respectfully request that the Board of County
Commissioners approve and adopt the attached Resolution
establishing a Beach and Shore Preservation Advisory Committee.
43
MAR 16 1993 800K 89 pAu
L .A
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-68, establishing a Beach and Shore
Preservation Advisory Committee.
RESOLUTION NO. 93- _g
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING A BEACH AND $HORE
PRESERVATION ADVISORY COMMITTEE.
WHEREAS, Chapter 161, Part II authorizes Counties to coordinate
beach and shore preservation programs; and
WHEREAS, an important step in establishing and administering
programs of this nature is the creation of an advisory committee to
assist the Board of County Commissioners by conducting studies and
recommending programs for beach and shore preservation,
NOW, THEREFORE, BE IT RESOLVED BY THE- BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. ESTABLISHMENT.
The Indian .River County Beach and Shore Preservation Advisory
Committee is hereby established.
2. MEMBERSHIP.
The Committee shall have seven voting members appointed by the
Board of County Commissioners.
3. TERM OF OFFICE.
The term of office of each member shall be two years with the
initial appointments staggered so that as near as possible one-half of
the committee will serve terms of one year and one-half terms of two
years, with eacj member thereafter serving terms of two. years.
4. PURPOSE OF THE COMMITTEE.
The purpose
of
the
committee
shall be to study and recommend
courses of action
for
the
Board of
County Commissioners to take with
respect to any and all matter encompassed by Chapter 161 Beach and
Shore Preservation, Florida Statutes.
44
89 FSU 48
5. ADVISORY STATUS.
The Beach and Shore Preservation Advisory Committee shall be
advisory only and the members shall serve without compensation.
z 6. GENERAL PROVISIONS. 01
The provisions. of Title 1, Chapter 103, relating to advisory
boards and commissions shall apply to this committee.
7. ABOLISHMENT OF PRIOR RESOLUTIONS.
Except for Resolution 87-133, this resolution supersedes and
abolishes all previous resolutions on this subject including but not
limited to Resolution 80-30.
The resolution was moved to adoption by Commissioner
Adams and the motion was seconded by Commissioner
Macht , 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 Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16th day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
By
Jeffrey : Barton, Clerk Richard N. Bird
Chairman
45
BOOK 89 FAGF 49
r-
BOOK 89 PAGE 50
APPOINTMENT OF BRUCE BARRETT TO BEACH AND SHORE PRESERVATION
ADVISORY COMMITTEE
The Board reviewed the following memo dated March 10, 1993:
TO: Board of County Commissioners
FROM: Commissioner Fran Adams
RE: Appointment of Bruce Barkett to Beach and Shore
Preservation Advisory Committee
DATE: March 10, 1993
I respectfully request that the Board of County
Commissioners appoint Bruce Barkett to serve on the Beach and
Shore Preservation Advisory Committee. A copy of his resume is
attached.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
appoint Bruce Barkett to serve on the Beach and
Shore Preservation Advisory Committee.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:15 A.M.
ATTEST:
J. arton, Clerk
46
MAR 16 0 W
Richard N. Bird, Chairman