HomeMy WebLinkAbout7/6/1993= MINUTES TrTACHED =
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JULY 6, 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
2. INVOCATION - Rev. Buddy Tipton
Central Assembly of God
3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Item 7.1. County Lien Impact Fee Extension
Item 12 Resolution Appointing Value Adjustment Board
Item 13.C. Out -of -County Travel
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A.
Regular
Meeting
of June
1,
1993
B.
Regular
Meeting
of June
8,
1993
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board:
Sebastian River Water Control District:
Minutes of Annual Meeting of Board of
Supervisors held on 6/2/93; Minutes of Annual
Meeting of Landowners held on 6/2/93; Engineers
Report dated 6/2/93; & Annual Financial Report
dated 9/30/92
B. Acceptance of Contract for Required Improve-
ments From First Church of the Nazarene
(memorandum dated June 29, 1993)
JUL -6 1991 BOOK 89 FnF 952
r- JUL - 8 JPPI
BOOK
7. CONSENT AGENDA (cont'd.):
C. Request for Authorization to Issue a Request -
for -Qualifications to Establish a Master List
of State Certified Appraisers for Environmental
Land Acquisition
(memorandum dated June 28, 1993)
D. National Estuary Program
(memorandum dated June 28, 1993)
E. Award Bid #3096 Purchase of Two (2) Trailer
Mounted Emergency Generators
(memorandum dated June 28, 1993)
F. Second Request for the Purchase of Used Lift
Truck for Traffic Engineering Department
(memorandum dated June 28, 1993)
G. Semi -Annual Bond Review
(memorandum dated June 16, 1993)
H. 4th Street Sidewalk Right -of -Way Acquisition
(memorandum dated June 21, 1993)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Request from SCHOOL DISTRICT OF INDIAN RIVER
COUNTY to Place Portable Classrooms at Sheriff's
Department Complex
(letter dated June 29, 1993)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request from Effected Residents Action Committee
to be heard regarding City of Vero Beach Above -
Ground High Voltage Transmission Power Line
(letter dated June 24, 1993)
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Approval of Hearing Dates for Two Evening
Board Hearings to Consider LDR Amendments
(memorandum dated June 24, 1993)
2. Florida Communities Trust (FCT) Conceptual
Approval Agreement for the "Wabasso Scrub"
Site
(memorandum dated June 29, 1993)
3. Request for Authorization to Submit Fla.
Communities Trust (FCT) Applications for
Cost -Share Funds to Acquire the "Lost Tree
Islands" and "Prange Islands"
(memorandum dated June 28, 1993)
89 FIKulF 953-1
11. DEPARTMENTAL MATTERS (cont'd
A. COMMUNITY DEVELOPMENT (contld.):
4. Request for a Resolution Endorsing a 50%
Cost -Share Partnership with the St. Johns
River Water Management District to Acquire
the 11 Lowenstein /Sa lama Property"
(memorandum dated June 29, 1993)
B. EMERGENCY SERVICES
Approval of Peacetime Emergency Plan and
Disaster Event Recovery Plan
(memorandum dated June 7, 1993)
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Request for Grading 85th Place, Vero Lake
Estates
(memorandum dated June 22, 1993)
2. Barber Street, City of Sebastian - Mr. &
Mrs. Victor Rodriquez R -O -W Parcel
(memorandum dated June 23, 19'93)
3. Final Payment - 41st St. Drainage Analysis
(memorandum dated June 21, 1993)
4. Request for Establishment of New Staff
Position - Coastal Engineer
(memorandum dated June 30, 1993)
H. UTILITIES
1. Wood Hollow/32nd Court & 32nd Ave., S.W.
Water Service Project - Resolution IV
Final Assessment Roll
(memorandum dated June 15, 1993)
2. Water Expansion Plan, Phase Ill -A
(memorandum dated June 16, 1993)
3. Final Pay Request / 31st Ave., SW Water
Main, IRC Bid No. 3089
(memorandum dated June 18, 1993)
4. Roseland Elevated Water Storage Tank
Change Order No. 1
(memorandum dated June 22, 1993)
5. Water Service in Pinewood Lane / 31st Ave.
SW. Resolution IV - Final Assessment
(memorandum dated June 21, 1993),
L_ JUL - 6 1993 BOOK 89 PAGE954
JUL - 6 1993,
11. DEPARTMENTAL MATTERS knntld
BOOK
H. UTILITIES (cont'd.):
6. Countryside North Wastewater Connection
and Past Due Base Facility Fees
(memorandum dated June 24, 1993)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
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
Authorization to Surplus Vehicle
(memorandum dated June 23, 1993)
89 F,�,UF 955 -1
14. SPECIAL DISTRICTS (cont'd.):
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 5/18/93
2. Approval of Minutes - Meeting of 5/25/93
3. Approval of Minutes - Meeting of 6/1/93
4. Approval of Minutes - Meeting of 6/22/93
5. Engineering & Financial Services /
Selection of Engineering Firm, RFP #3086
(memorandum dated June 21, 1993)
6. Engineering & Permitting Services /
Selection of Engineering Firm, RFP #3087
(memorandum dated June 15, 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.
LJUL - 6 1993 BOOK 8 9 5 6
July 6, 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, July 6, 1993, at
9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Fran B.
Adams; Carolyn K. Eggert; and Kenneth R. Macht. Vice Chairman John
W. Tippin was absent due to temporary lumbar strain. Also present
were James E. Chandler, County Administrator; Charles P. Vitunac,
County Attorney; and Barbara Bonnah, Deputy Clerk.
Chairman Bird called the meeting to order.
Reverend Clayton Warriner of Central Assembly of God gave the
invocation and Chairman Bird led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Attorney Vitunac requested the addition as Item I on the
Consent Agenda of a County Lien Impact Fee Extension Agreement,
explaining that this routine item had been inadvertently omitted
from the Agenda.
Attorney Vitunac also requested the addition as Item 12 of a
resolution appointing Value Adjustment Board members and providing
for per them compensation for board members.
commissioner Adams requested the addition of approval of out -
of -county travel for her to attend several meetings in Tallahassee
pertaining to the beach protection project.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
commissioner Tippin being absent) added the above
items to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meetings of June 1, 1993 or June 8,
1993. There were none.
UL - 6 1993 BOOK 89 FAGE957
JUL - 6 1993 BOOK 8 9 FVU F. .9 5 8 -7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
commissioner Tippin being absent) approved the
Minutes of the Regular Meetings of 6/1/93 and
6/8/93, as written.
CONSENT AGE
A. Received and Placed on File in the Office of the
Clerk to the Board
Sebastian River Water Control District:
Minutes of Annual Meeting of Board of Supervisors held on
6/2/93;
Minutes of Annual Meeting of Landowners held on 6/2/93;
Engineers Report dated 6/2/93;
Annual Financial Report dated 9/30/92
B. Acceptance of Contract for Required Sidewalk ImRrovements from
First Church of the Nazarene
The Board reviewed the following memo dated 6/29/93:
TO: James E. Chandler
County Administrator
DIVW ION HEAD CONCURRENCE:
0 8TIt M- KeAtingi AIC
Community Development Vector
THROUGH: Stan Boling,. AICP
Planning Director
FROM: John W. McCoy,, AICP/tIo
Senior Planner, C=ent Development
DATE: June 29, 1993
SUBJECT: Acceptance of Contract for Required Improvements From
First Church of the Nazarene
It is requested that the data herein presented be given f ormal
consideration by the Board of County Commissioners at its regular
meeting of July 6, 1993.
DESCRIPTION AND CONDITIONS:
On January 14,, 1992 the Board of County Commissioners granted
special exception use approval to construct an expansion of the
First Church of the Nazarene. The subject site is located on the
east side of 27th Avenue just north of 12th Street.
The comprehensive bikeway and sidewalk plan requires a 51 wide
public sidewalk along this project's 27th Avenue frontage. The
aRplicant has completed construction of the addition and elected to
�Ji
escrow the cost of construction for the 51 wide public sidewalk.
The applicant has chosen to escrow the cost of sidewalk ($3,420)
because 27th Avenue is under FDOT jurisdiction, and the FDOT is
currently formulating plans for 27th Avenue. The escrow option
satisfies the land development regulations for the sidewalk
requirement.
ANALYSIS:
The County Attorney has reviewed and approved the form of letter of
credit and the contract for required improvements. The public
works department has reviewed the amount of the letter of credit
and found it sufficient to cover the cost of the required
improvements.
RECOMMENDATION:
Based on the analysis performed, planning staff recommends that the
Board of County Commissioners authorize the chairman to sign the
attached contract for construction.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) approved the
Contract for Construction of Required Sidewalk
Improvements from the First Church of the Nazarene,
as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
C. Authorization to Issue a Reauest-for-Qualifications to
Establish a Master List of State Certified Appraisers for
Environmental Land Acauisition
The Board reviewed the following memo dated 6/28/93:
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
Robert Keating,
Community Devel
FROM: Roland DeBlois,'AICP
Chief, Environmental Planning
DATE: June 28, 1993
RE: Request for Authorization to Issue a Request -for -
Qualifications (RFQ) to Establish a Master List of State
Certified Appraisers for Environmental Land Acquisition
3
JUL - 6 1,493 BOOK 89 PAGE959
r Ju L - 6 1993
DESCRIPTION AND CONDITIONS
BOOK 89 pnu 960
Among the various activities associated with land acquisition is
appraising. This function occurs af ter a decision to acquire
provertv has been made, and must be done by a qualified person or
firm.
The State of Florida has established minimum requirements f or
certified property appraisers. Many, if not all, of the state
acquisition programs administering Preservation 2000 funds require
the use of state certified appraisers as a matter of course.
There are two principal methods for choosing appraisers. One
method is to initiate a "request -for -proposals" (RFP) process each
time a property acquisition requires that a survey or appraisal be
done. The other method is to solicit proposals or qualifications
once and establish a master list of appraisers. Under this second
method, appraisers can be chosen from the approved list in a time
efficient manner, based upon price considerations.
Staf f presented a proposal to establish a master list of appraisers
to the County Land Acquisition Advisory Committee (LAAC) at their
regular meeting on May 26,, 1993. At that meeting, LAAC voted to
endorse the proposal.
This matter is presented for the Board of County Commissioners to
consider authorizing an RFQ to establish a master list of state
certified appraisers for environmental land acquisition purposes.
ALTERNATIVES & ANALYSIS
If the County pursues the acquisition of a property on the LAAC
list "on its own" without state funds, the County has no obligation
to use state certified appraisers. However, adhering to state
certification requirements in all county land acquisition matters
is a good policy, because it promotes a recognized level of
competence and enhances public perception.
The establishment of a "master list" of state certified appraisers
will allow the county to act more quickly, when the time comes for
such services, than if no master list was established. Given the
competitiveness for state funds and the unpredictability of land
development threats, a master list is worthwhile.
County and State procedures require two independent appraisals of
property under consideration for acquisition. Therefore, two
appraisers or appraisal f irms would be selected f rom the master
list for each site acquisition. For this reason, in order to allow
for competitive bidding, staff is proposing that the master list
contain six qualified appraisal firms or independent appraisers.
Appraiser selection for the master list is proposed to be conducted
by county staff, based on review of applicant qualifications. The
proposed list would then be brought before the Board of County
Commissioners for final approval.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to publicize the attached Request -for -Qualifications to
establish a master list of state certified property appraisers.
M M M
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) authorized staf f
to publicize a Request -for -Qualifications to
establish a master list of state certified property
appraisers, as recommended by staff.
D. Resolution Supporting National Estuary Program
The Board reviewed the following memo dated 6/28/93:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP AMK,
Community Development Director
DATE: June 28, 1993
SUBJECT: NATIONAL ESTUARY PROGRAM
It is requested that the data herein presented be given f ormal
consideration by the Board of County Commissioners at their regular
meeting of July 6, 1993.
DESCRIPTION & CONDITIONS:
Two years ago, the Indian River Lagoon National Estuary Program
(IRLNEP) was established for the purpose of protecting and
restoring the Indian River. Funded primarily from the
Environmental Protection Agency (EPA), the program was created in
response to the Indian River having been designated as an Estuary
of National Significance.
With members on both the management and policy committees, Indian
River County is an active participant in the National Estuary
Program. Besides the County, a number of other public agencies
participate in the program. one such agency is the U.S. Fish and
Wildlife Service (USFWS).
At recent management and policy committee meetings, the USFWS
representative provided information on a new USFWS program which
complements National Estuary Program activities. As proposed,, this
program would target $200,,000 for the Indian River Lagoon in
FY1994, with the amount rising over five years to a maximum of
$1.25 million per year. Not only will this program complement
IRLNEP activities, it can potentially provide a source of funding
for NEP implementation activities after the IRLNEP sunsets in three
years.
According to the USFWS representative,, however,, the funding f or the
Indian River Lagoon portion of the program is in jeopardy. He
indicated that those funds may instead be reallocated to Florida
Bay because of the Hurricane Andrew Impact.
1.1
L�JUL - 61993 BOOK 1 89 PACF 961 _
Fr"- J U L - 6, 1993
BOOK 89 fAGE 962 -1
To indicate support f or the USFWS program and the Indian River
Lagoon funding, the IRLNEP policy committee directed the IRLNEP
staff to send a letter to the USFWS. The policy committee also
requested that staff draft a resolution that local governments
could adopt and send to USFWS.
ANALYSIS:
County Planning staff have reviewed the draft resolution and made
minor revisions. A copy is attached to this staff report.
Staff's position is that Board approval of the resolution may
result in more funding for Indian River Lagoon protection and
restoration activities which will complement existing IRLNEP
activities. For that reasoni, staff supports adoption of the
resolution.
RECONNENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolution.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) adopted Resolution
93-109, expressing support for the U.S. Fish &
Wildlife Service Bay/Estuary Program effort for the
Indian River Lagoon.
RESOLUTION NO. 93- 109
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS EXPRESSING SUPPORT FOR
THE U.S. FISH & WILDLIFE SERVICE (USFWS)
BAY/ESTUARY PROGRAM EFFORT FOR THE INDIAN
RIVER LAGOON
WHEREAS, the coastal areas of the U.S. comprise only 5-10% of
the nation's land area yet provide enormous public benefits well
beyond the land area occupied; and
WHEREAS, the Indian River Lagoon basin comprises an important
natural coastal resource, and is recognized. as an estuary of
national significance; and
WHEREAS, natural undeveloped coastal lands such as those found
within the Indian River Lagoon basin support a high diversity of
fish, wildlife, and unique habitats which have great aesthetic
appeal and attract tremendous numbers of visitors annually; and
�-j
WHEREAS, these coastal lands support a highly disproportionate
share of the nation's population and associated urban and
industrial growth; and
WHEREAS,, the cumulative impact of human activities in the
Indian River Lagoon continues to result in the diminishment of the
natural values of the fish and wildlife carrying capacity and a
significant deterioration of the environmental support functions
these areas provide to the public at large; and
WHEREAS, the USFWS provides an important and diverse role in
the protection and enhancement of the nation's coastal resources;
and
. WHEREAS, the USFWS has determined a need to redouble its
efforts to meet the developing challenges in the nation's -coastal
area; and
WHEREAS, in answer to this need the USFWS launched its Coastal
Initiative; and
WHEREAS, the foundation of the Coastal IRitiative is the
Bay/Estuary Program; and
WHEREAS,, the Indian River Lagoon has been targeted for
$200,000 in funds to initiate this effort during federal fiscal
year 1994, with incremental increases scheduled to a maximum of
$1.25 million.per year after five years; and 1P
WHEREAS, the Indian River County Board of County Commissioners
recognizes the importance of the Indian River Lagoon as a diverse
and unique resource to the region, state, and nation;
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS FULLY SUPPORTS THE FULL FUNDING AND IMPLEMENTATION OF
THE BAY/ESTUARY PROGRAM FOR THE INDIAN RIVER LAGOON AS PROPOSED TO
BEGIN WITH FEDERAL FISCAL YEAR 1994.
RESOLUTION was moved for adoption by Commissioner
Eogert , and the motion was seconded by Commissioner
Adams ., and, upon being put to a vote, the vote was as
follows: Chairman, Richard N. Bird
Vice Chairman, John W. Tippin
commissioner Carolyn Eggert
commissioner Kenneth R. Macht
commissioner Fran Adams
The Chairman thereupon declared the resolution duly passed and
adopted this 6 day of July , 1993.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN 7R COU Y, FLOR IDA
Ki-chaid N. Bird, Chairman
�%TTEST:
7
JUL - 6 1993 BOOK 89 FACE 963
JUL - 83 1,993
P �j -7
bou 89 F—F 964
E. Award of Bid #3096 - Purchase of Two Trailer Mounted Emergency
Generators
The Board reviewed the following memo dated 6/28/93:
DATE: June 28, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler,, County Administrator
H.T. "Sonny" Dean, Director.---#
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #3096 Purchase of Two (2) Trailer
Mounted Emergency Generators
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
specifications mailed to:
Replies:
BID TAB
Cummins Southeast
Jacksonville, FL
Pippin Tractor
Ft. Pierce, FL
Robinson Equipment
Mims I FL
TAW Power Systems
Pompano Beach, FL
Zabatt Engine Service Inc.
Jacksonville, FL
Electric Motor Services
Orlando, FL
All Power Service
Ft. Pierce, FL
April 16, 1993 at 2:00 pm.
April 2 & 91 1993
Twenty eight (28) Vendors
Seven (7) Vendors
LUMP SUM PRICE
$61,992.00
$73,648.00
$76,600.00
$79,088.00
$87,512.00
$88,866.00
$89,569.20
* Unit bid does not meet specifications in that it does
not have single phase voltage as required in the bid.
TOTAL AMOUNT OF BID $73,648.00
SOURCE OF FUNDS Utilities-Sever/Other Machinery and
ESTIMATED -BUDGET Equipment $92,000.00
RECOMMENDATION
That the bid be awarded to Pippin Tractor as the lowest
most responsive and responsible bidder meeting
specifications as set forth in the Invitation to Bid.
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) awarded Bid #3096
to Pippin Tractor in the amount of $73,648.00, as
recommended by staff.
F. Approval of Used Lift Truck for Traffic Engineering Dept.
The Board reviewed the following memo dated 6/28/93:
TO: BOARD OF COUNTY COMMISSIONERS June 28, 1993
James E. Chandler, County Administrator
THRU: H.T. "Sonny" Dean, Director of General S ices#
FROM: Fran Boynton Powell, Purchasing Manage q
SUBJ: Second Request for the purchase of Used Lift
Truck for Traffic Engineering Department
BACKGROUND INFORMATION:
On February 2,, 1993,. the Board of County Commissioners
approved the purchase of a reconditioned forklift from
Kelly Tractor for the above referenced department.
The forklift was delivered on March 3 , 1993 and was found
to have excessive oil and hydraulic oil leaks. The unit
was returned to Kelly Tractor for repair. Kelly Tractor
redelivered the forklift but it was still unacceptable due
to four (4) separate oil leaks. Vendor stated that it
would be cost prohibitive to attempt further repairs and
took the unit back.and returned the County's trade-in 1956
towmotor. The purchase order to Kelly Tractor was
cancelled at no cost to the County.
ANALYSIS:
The Purchasing Division has located the following
reconditioned lift trucks which meet the department
requirements:
1. 1986 Nissan C-30 Mid -Florida Forklift, Orlando, FL.
Net Delivered Price.*.........$6,850.00
2. 1983 TCM FYG 15 Johnny Stamm Equipment, Ft. Pierce
Net Delivered Price.... o*..o..$6,900.00
3. 1986 Kalmar C-30 Florida Industrial Trucks, Lakeland
Net Delivered Price... *--*--*.$7p500e00
The 1986 Nissan has a 90 day warranty on the complete -
unit, and a six month engine and transmission warranty,
parts and labor. The TCM and the Kalmar unit both only
offer a 30 day warranty.
SOURCE OF FUNDS: Traffic Engineering Other Machinery and
Equipment Account
BUDGETED AMOUNT: $8,000.00
RECOMMENDATION:
Staff recommends that the Board approve this second *
request for the purchase of the i986 Nissan C-30 forklift
from Mid -Florida Forklift in the amount of $6,850.00 and
declare the 1956 towmotor, current property of the Traffic
Enqineering Departmentras surplus equipment.
9
JUL - 6 1993
L'� Boor 89 965
r- JUL -61993
Ij -7
BOOK 89 WE 966
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
commissioner Tippin being absent) approved the
purchase of a 1986 Nissan C-30 forklift from Mid -
Florida Forklift in the amount of $6,850.00, as set
out in the above staff recommendation.
G. Semi -Annual Bond Review
The Board reviewed the following memo dated 6/16/93:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director
FROM: Beth Jordan, Risk ManagerK
DATE: 16 June 1993
SUBJECT: Semi -Annual -Bond Review
Please consider this item for the Board of County Commissioners'
July 6. 1993, consent agenda.
Background
Chapter 137.05, Florida Statutes,, requires the Board of County
Commissioners to review the bonds of County officers twice
annually. The Board last reviewed the bonds in January, 1993.
Analysis
We have reviewed copies of the bond for each Commissioner and
Constitutional Officer and found them to be in keeping with
statutory requirements.
Recommendation
Following review, no further action is required of the Board.
10
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) acknowledged the
semi-annual review of the bonds for each
commissioner and Constitutional Officer.
H. 4th Street Sidewalk Right -of -Way Accruisition - Mr. & Mrs.
George Yates
The Board reviewed the following memo dated 6/21/93:
TO: James E. Chandler,
County Administrator
CONSENT AGENDA
THROUGH: James W. Davis, P.E.,
Public Works DirectorlD
FROM: Donald G. Finney, SRA
County Right of Way Agent
SUBJECT: 4th Street Sidewalk Right -of -Way Acquisition
DATE: June 21, 1993 FILE: 4ROW.AGN
DESCRIPTION AND CONDITIONS
Mr. & Mrs. George Yates have agreed to sell to the County an
additional parcel of land 10 feet by 150 feet along 4th Street just
west of 27th Avenue. This right-of-way is needed to connect the
alignment of the sidewalk away from the curb at a section of
sidewalk along the north side of 4th Street. The property owners
have agreed to sell the land for $750 as they previously sold a 101
parcel to the county for $750.
ALTERNATIVES AND ANALYSIS
The Board of County Commissioners previously approved purchases at
$75.0 for each parcel from the adjoining Blair and Liscomb and Beath
properties to extend the sidewalk. The alternatives are as
follows:
Alternative No. 1
Approve the additional right-of-way acquisition at a cost of
$750.
Alternative No. 2
Not approve the purchase and not proceed with the sidewalk
completion.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. Funding to be from Secondary
Road Trust Fund ($75,000 budgeted in FY 92/93 budget.)
0*1
A PF
LJUL - 6 1993 BOOK 89 N,,. 967
r- JUL - 6 1993
- M11
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
commissioner Tippin being absent) approved the
additional right -of -way acquisition at a cost of
$750, as set out in the above staff recommendation.
CONTRACT FOR SALE AND PURCHASE IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
89 968
I. Subordination of County Lien Impact Fee - Susan Earlywine
The Board reviewed the following memo dated 6/18/93:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea er, CLA, County Attorney's OffIce
C aZ7
THRU: h . Vitunac, County Attorney
DATE: June 18, 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 Susan
T. Earlywine. Ms. Earlywine, the property owner, is refinancing her
mortgage, and the mortgagee has requested the County consent to it
being the first lien holder on the property. This request Is agreeable
to the Department of Utility Services.
REQUESTED ACTION: Request the Board consent to the County
Administrator's sigming the attached Subordination on behalf of the
County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) approved the
Subordination Agreement with Susan T. Earlywine, as
recommended by staff.
AGREEMENT IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
12
REQUEST FROM SCHOOL DISTRICT TO PLACE PORTABLE CLASSROOMS AT
SHERIFFIS COMPLEX
The Board reviewed the following letter dated 6/29/93:
Dr. Gay W. Norris
Superintendent
School Board
WMiam L Marine. Jr.
Chairman
Gary llndxey
vice-CbRimum
Joe N. Idlette, Jr.
Member
Sunley F. Mayfield
Member
Dorothy A. Talbert
Member
JUL - 6 1993
LZ
School Distfict of
June 29, 1993
1001
Richard N. Bird, Chair -man
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re: Alternative Education Classroom Facilities
Dear Chairman Bird:
As part of our continuing effort to provide alternative educational
resources and facilities for young people who are experiencing
difficulty in the mainstream. school population, the School District
of Indian River County has developed a cooperative agreement with
the Juvenile Services Program, a private, not-for-profit community
based agency, to provide an alternative education program serving
30 to 40 at -risk students at the Sheriffs Department Complex. The
School District would provide teaching staff. teaching supplies and
materials, a small computer lab, and portable classrooms. JSP
would provide on-site program administration. supervision and
counseling.
A site has been chosen at the Sheriff s Department Administrative
Complex, which will work well for this program, and approval is
hereby requested from the Board of County Commissioners to
locate three 24" X 36" portable classrooms on the above premises.
Utility hookups will be accomplished by the School District with
water and sewer being tied -in to the SheriWs Department Complex
system and electrical power hookup and service being paid for by
the School District.
Application for a Temporary Use Permit is being made and Risk
Management Representatives from both the County and the School
District have agreed to execute a mutual hold harmless agreement.
Please call my office if there are questions. I look forward to your
favorable response to this mutually beneficial request in the very
near future.
A cere
DrG Norris
Superintendent
13
BOOK 89 FAGE969
r- 'JUL - el 1, 1 N13
b —1
booK 89 PnF 970
commissioner Eggert wondered if the Sheriff's complex is the
best place for this program, and Commissioner Macht explained that
this is a successor to another program of this type and is probably
an upgrade.
Steve Blume, supervisor of construction for the School
District, understood that there has been joint communication
between the Sheriff's Dept., the School District, and Juvenile
Services.
Commissioner Adams felt it is an excellent place for the
program because the students can see what happens every day.
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) approved the
request by the School District to place portable
classrooms at the Sheriff's Department Complex.
REQUEST FROM AFFECTED RESIDENTS ACTION COMMITTEE TO BE HEARD
REGARDING CITY OF VERO BEACH ABOVE -GROUND HIGH VOLTAGE TRANSMISSION
POWER LINE
Chairman. Bird asked for a brief recap of the discussion at the
meeting two weeks ago when he was on vacation, and County
Administrator Jim Chandler recounted that the Board addressed a
letter to the City Council with a request that they consider and
hear the concerns of the residents. In addition, the Board
requested County staff to look at possible long-range regulations
or changes. This is on the Agenda today at the request of the
residents.
Chairman Bird asked if anvnnp wi-,htna i -n -him homnrA ir, *hc2
matter.
Bonnie Rohani, 644 25th Street, SW, read the following letter
into the record:
July 6, 1993
Dear County Commissioner:
I am addressing you on behalf of my two year old daughter,";Roya
Elana Rohani. _�j- _47
As the result of the high voltage power line installation'along
lateral "J" canal and along 25th Street S.W., the lives of -many
county residents are being jeopardized, especially the children.:
The Vero Beach City Council has boldly continued on a-courselof
action, against strong opposition, In placement of �these,,hlgh
voltage transmission line's. Affected residents hav I e notl�been
allowed the opportunity to' be heard untill a date- when"',this
,,project will be mostly completed. The city has Intentionally
pQrsued this project in a covert manner, to their advantage.'11�1
14
,:_,,To place high voltage transmission lines through residential
4,
i neighborhoods when there are alternatives Is unquestionably
Immoral. Whatever the city council's reasons for the 'current
placement of these lines, they can not be greater, thaw' the
health, safety, and lives of human beings. The Issue or burden
of proof as -,to t -he dangers of Electro Magnetic Fields"'Is
Inexcusable as a defense for their actions. They are blatently.
putting money and votes before human lives.
The city council obviously does not care. I hope that you, *our
county commissioners, do care.
I am not In a position to be aware of what means or pressures you.
i:�mlght have to correct this Injustice but I have great..diffi*,culty,
In believing that you have none. If the health, safety,�'I�,,,and
possible lives of your constJtu.ents Is not sufficient -,reason. for
you to take a stand on or go out on a limb for, I can�-`�only
conclude that nothing wou.ld be important enough for you to do:s.o.
If we can not rely on our elected officials to make-Alkings ; r I ght
when so great an Issue Is at stake, who can we rely on.. I f. you
V
will not represent us, who will?
-1 implore-you,'do not, as the Very Beach City Council has-Aone,
put a price on the health, 'safety, and I I fe of my child.
Thank you,
Bonnie Rohant
Commissioner Eggert advised that the Board expressed extreme
concern about this matter in the letter that was sent to the City
Council.
County Attorney Charles Vitunac advised that a 1992 revision
to Section 403.61 of Florida Statutes, subparagraph 30, states that
the Department of Environmental Regulation (DER) has preempted the
field of protection of people from electromagnetic radiation to the
point that any county or city ordinances to the contrary are not
valid. Apparently, this is a state-wide problem and the State does
not want to have communities coming up with answers that may affect
the state-wide distribution of electricity. The only powers we
have are the powers to reasonably protect public health and safety
when we give permission to use County right-of-way; that would be
any reasonable condition except those having to do with
electromagnetic radiation. He advised that Attorney Collins has a
copy of the DER I s rules and regulations and would be happy to share
them with the petitioners. However, there is no vehicle for the
County to do anything other than write letters suggesting that, the
City of Vero Beach and the DER do something.
15
Bou 89 uu 971
JUL —619,93
Bou 8 9 PA,, F —1
u. 972
Commissioner Macht stressed that there are saf ety f actors
other than electromagnetic fields (EMFs). He certainly would be
upset if poles were placed within 40 feet of his house since a line
could come down during a bad storm. In addition, the poles are an
eyesore and would affect the property values. He felt the County
has some fringe jurisdictional rights in the determination of the
route this line will take. He emphasized that this is not a new
line; this line has existed between Vero Beach and Ft. Pierce for
a number of years as an emergency power line. Commissioner Macht
didn't see any engineering necessity to deviate from the route that
they already have, and he felt that argument has more merit than
any of the others. He strongly suggested that the County
Commission ask the City to consider going back to the old U.S.#1
route.
Chairman Bird read into the record the following letter that
was sent to the City of Vero Beach after the June 15 meeting:
BOARD OF COUN77 COMMISSIONERS
1840 25th Street, Vero &=h, Flora& 32960
Telephone: (407) 567-8WO
The Honorable Jay Smith
Mayor, City of Vero Beach.
and City Council Members
P. 0. Box 1389.
Vero Beach, Florida 32961
Dear Mayor Smith and Council Members:
Suncorn Telephone: 224-1011
June 15, 1993
The County Commissioners, in meeting this morning, voted to
respectfully request that the City hold a public hearing as soon
as possible so that citizens can voice concerns and possible
alternatives regarding the high voltage power lines running on
Lateral J Canal and through residential areas.
We have received numerous inquiries from county residents
and feel that a public hearing arena would at least allow the
residents to be heard.
Thank you for your consideration.
S' e4re,
W
John W. Tippin,
- T
V Vi?
i-o'e Chairman
16
M M M
Robert Keating, Director of Community Development, advised
that the County does have a 100 -ft. fall radius requirement for
transmission towers, but doesn't regulate transmission lines. The
reason for that is that a transmission tower is an improvement on
a particular site and transmission lines are within rights-of-way.
Commissioner Macht thought it was a matter of definition or of
categories, but Commissioner Eggert felt that it was because we
just plain didn't think about it.
Chairman Bird asked if the DER gets involved in the siting of
transmission distribution lines, and Commissioner Adams advised
that they do for lines carrying over 230,000 volts and this line is
138,000 volts. She felt the overriding issue in this matter is
that these people have been denied a voice. The people want to be
heard and the City of Vero Beach has chosen to put them off for 60
days. The people desperately want to be heard, but have no vote in
the City, and what the City has chosen to do in the siting -of this
transmission line affects then greatly.
Attorney Vitunac advised that State law says that utilities
have the right to use rights-of-way subject to reasonable
conditions stipulated by cities and counties. That doesn't speak
to the type of construction of these structures in rights-of-way,
and that would be new ground. He wasn't sure we have the power to
do that, but we could look into it. Apparently, these poles are on
right-of-way of the Indian River Farms Water Control District
(IRFWCD) which is for the purpose of drainage.
Attorney Collins understood that the water control district
condemned this right-of-way for drainage purposes. once the Court
enters an order of taking, they have fee simple title to that land
to use for the purpose for which they condemned the property.
However, they have the right to allow others to use their right-of-
way for any purpose that isn't inconsistent with the use of the
canal. Just as we have the power to stipulate conditions within
our rights-of-way, such as requiring poles to be moved if we ever
wanted to widen the road, they could do that also. We do not know
whether or not they did that, however.
Commissioner Macht wondered if Planning could look at this,
but Director Keating explained that we don't look at lines at all.
The only way we could look at it would be through pole distances
and aesthetics, and the only way to control the aesthetics would be
to require them to place the lines underground.
Chairman Bird didn't know where you draw the line between what
voltage is considered hazardous and what is not.
Attorney Vitunac noted that the standards set in Sweden as to
what is harmful are 50 times more severe than in this country.
17
L_� L - 6 1993 Bm 89 Pv;A73
r- J U L - 6 1 9�'J
BOOK 89 F,,t�- -1
'Jr. 974
Brenda Kramer, 730 25th Street SW, was concerned about the
great amount of use the canal right-of-way receives from their
multi -family neighborhood. People are out pushing baby buggies and
strollers, riding bicycles, etc., and there is no place to go when
traffic comes except to get up on the right-of-way. Elderly people
walk their dogs along the canal. Children fish and play along the
canal. She understood that the EPA recommends that no one live
under this type of power line. Another concern is the danger from
fires resulting from lightning hits such as the one that happened
along SR -60 last week. That was only a 13,000 volt line -imagine
what would happen with a 138,000 volt line. In doing a recent
survey on the number of fire hydrants in the area, she found there
is not a sufficient number.
In answer to Commissioner Eggert's inquiry, Mrs. Kramer stated
that she was not notified in writing about the installation of
these power lines. She received just a verbal notice by someone
f rom. the City. She did not receive any notice of the public
hearing held by the Indian River Farms Water Control District.
Chairman Bird felt their next course of action would be to go
to the IRFWCD, whose members are all elected officials, and ask
them to rescind their decision to allow the City to use their
right-of-way for health and safety reasons.
Mrs. Kramer reminded the Board of County Commissioners that
the residents elected them to represent them, protect them, and be
their voice in matters such as these.
Basan Rohani, 644 25th Street S.W., appreciated the Board's
consideration at the BCC meeting of June 15 and the letter that was
sent to the Vero Beach City Council subsequent to that meeting.
Referring to a map of the area, he indicated the route of the
transmission line. He noted that he has a copy of the agreement
between the City and the IRFWCD which contains language to the
ef f ect that in the' case of any problems, the District is held
harmless and the City is responsible. In looking at the IRFWCD
easement, it appears that the Vero Highlands Property Owners
Association owns the land.' The District only has the easement,
which leads the residents to believe that the District can use the
easement only for drainage.
Continuing, Mr. Rohani urged the Board to make substations a
special exception in all residential zoning districts, which would
provide the County a way to control power lines since there cannot
be power lines without substations. The substation for this
transmission line is in an RS -6 zoning district, which only
requires administrative permit by the Planning & Zoning Commission.
It didn't have to come before the Board of County Commissioners.
18
In conclusion, Mr. Rohani read into the record the following
recommendations:
RECOMMENDATIONS REGARDING
Pass a resolution or send a letter to the City of Vero
Beach protesting the location of these lines In a
residential neighborhood (along 25th Street S.W. and
the lataral "J" canal). Suggest the "Doctrine of
Prudent Avoidance" to the city. if. the risk Is
unknownp it Is best to avoid all exposure.
Request that the city halt all action in placing the
posts and expanding the high voltage above ground power
lines until an environmental Impact study is done on
this transmission line extension and an appropriate
electromagnetic field (ENF) mitigation plan Is
prepared.
2. County Attorney's office to make a determination on the
following:
a. If an easement owned by the Indian River
Farms Water Control District (IRFWCD) along
drainage canals can be used for other uses
not related to drainage, such as placement of
high voltage transmission lines.
b. Can an easement be utilized for a use that
will effect beyond the physical limits of the
easement, such as EMF's which spread beyond
the limits owned by IRFWCD.
3. County Attorney's office to prepare an. ordinance
prohibiting high voltage' transmission power lines
within areas of the county designated on the future
land use map as residential or closer than 100 yards to
such a residential area unless these lines are buried
undergroundl safely, with sufficient Insulation to
prevent leakage of EMF1s.
Commissioner Eggert understood that the substation for this
transmission line has been approved, but she agreed it is important
to include language in the County's regulations that substations
must meet the requirements of health, safety, and welfare. She
.felt the letter that was sent to the Vero Beach City Council should
have mentioned the placement of the poles and that we should write
the City again stating our concerns and asking them to revisit the
matter.
Commissioner Adams understood that the City has scheduled a
meeting for July 21, but Mr. Rohani pointed out that the meeting is
19
JUL — 6 1993 Poor 975
JUL 1993
BOOK 89 PAGF976
not a public hearing, just a discussion meeting. The residents
hope to have an expert witness at that meeting to speak on the
dangers of electromagnetic fields.
Carolina Ginn of the Vero Beach City Council confirmed that
the meeting scheduled for July 21 is a workshop meeting.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
commissioner Adams, that the Board again write to
the City of Vero Beach expressing concern about this
matter and also write to the Indian River Farms
Water Control District asking them to revisit their
permit approval because of health and safety
problems, and have staff see what can be done about
including something in the County ordinances to
protect property owners,. such as increasing the
distances from residences in the placement of poles.
Commissioner Macht thought the most important question to ask
is why the City abandoned the old route along U.S. #1, and if the
answer is for reasons solely economical, then he felt that is the
most productive thing to pursue. In addition, we should ask why
they cannot reverse the current route.
commissioner Eggert explained that her Notion was for the
attorneys to put all this together in the two letters.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously
(4-0, Commissioner Tippin being absent).
Mike Mezzina, 1943 SW Sunset Drive, explained that he lives
along the canal and the high voltage transmission line will run
along the rear of his home with a pole installed within 40 feet.
They also have a 67,000 -volt line in front of their house. He
believed that a power line in front of his home and a power line in
the back of his home would create some kind of turbulence. They
purchased their home in this area because that is what they could
afford and they have built an addition onto it. They plan on
having children but would not want to raise them in a place that
would endanger their health.
Donald Smith, resident of Timber Ridge, felt it is rewarding
to have a County Commission sympathetic to the residents'
problems. He noted that the proposed power line was first
discovered by a lady who had just moved in and noticed two
surveyors working in the rear yard of her house. She was very
20
upset about the danger to her newborn baby when she found out that
a 138,000 -volt transmission line would be installed that close to
her home. Mr. Smith noted that Vero Beach Utilities did come out
to a meeting at the Timber Ridge community center, but they really
didn't give them any information except to say that the City had
entered into a deal with the water control district for the
placement of these poles on their easement. No one was there from
the water control district. About a week after the controversy was
reported in the newspaper, a representative from the IRFWCD paid
them a visit and explained that someday the district might want to
widen the canal and perhaps put a road on the easement.
Apparently, Vero Beach Utilities will pay $600 a mile for the use
of the canal easement. In the placement of these poles, they have
destroyed a beautiful stand of trees and it has become an eyesore.
Mr. Smith emphasized that another concern is the decrease in
property values, and he felt certain the residents will want their
properties reassessed.
Polly Schwey, real estate agent and long-time resident on 33rd
Avenue, advised that she and a couple of colleagues studied two
areas in St. Lucie County where home values had decreased because
of high voltage lines being installed. They found that assessments
of homes in these areas were lowered from ten to twenty percent.
She assured the Commission that the Tax Appraiser will be lowering
the assessments on homes in this area if this line goes through.
Mrs. Schwey advised that after hearing about the installation of
this line, she and some others met with the Ft. Pierce Utility
Authority and the St. Lucie County Road Department, who owns the
narrow 46 -ft. wide road that they want to go down. That meeting
took place one week ago and they got a gentleman's agreement that
Black and Veech would be going back to the drawing board to study
Emerson Avenue where they already have a lot of lines and the
drainage district easement on the other side of the road which is
approximately 90 -ft. wide. This was accomplished at a meeting
where people were willing to listen. People from Vero Beach were
very pleased to f ind someone to listen to them. A man with the
first name of Michael from Black & Veech was there and agreed that
they would come back with a study on alternate routes. Mrs. Schwey
understood that Old Dixie was the first route that was studied and
Vero Beach gave that up because it was cheaper to put the line
along the drainage easement.
Carol Bresnaham, 25th Street SW, was concerned about the
effect this line would have on the health of her young child. she
advised that tests done since 1989 have revealed a definite link
21
U L - 61993 BOOK U'.
89 977
JUL - 6 1993
BOOK 89 pgF -7
u. 978
between cancer and children living in close proximity to high-
voltage transmission lines. People are upset that the Vero Beach
City Council will not listen to them. Yes, the City has scheduled
a meeting for July 2 1, but workers are putting up poles in the area
as fast as they can. The residents in the area are very frustrated
because they have nowhere to go to voice their concern. The County
commission is the only forum they have at this point. She
understood that if Florida Power & Light wanted to install this
transmission line, public hearings would be mandatory. She urged
the Board to help them in any way possible. Mrs. Bresnaham advised
that State Representative Charles Sembler is out in their area
right now looking over the situation, which is why more people
didn't attend this meeting.
Bob Bresnaham, expressed the residents' concern about downed
power lines during hurricane force winds. He pointed out that the
City has not been very successful in its latest capital projects
such as the wastewater plant, the water plant expansion, and twin -
pairs, which certainly gives pause to the fact that they now are
overseeing the installation of a high-voltage transmission line.
Commissioner Eggert felt that local governments should have
some say in regard to electromagnetic fields, and suggested that we
put this on our Legislative Delegation list.
Caroline Ginn, Vero Beach Councilwoman, just wanted to say
that the City wanted to schedule a meeting on June 21, but the
group I s attorney could not be there and did not want any of his
clients to be there, so the City is not entirely to blame on this.
She visited the area twice, driving the right-of-way and watching
them set the poles. She sees two problems, aesthetics and health.
She advised that she will be requesting legislation at the State
level and will be meeting with State Representatives Myers, Kurth,
etc. Tomorrow, she is taking it to the Treasure Coast Council of
Governments. She noted that she would have allowed the residential
group to be heard at the last meeting, but three Council members
voted not to.
Commissioner Eggert asked if it would be possible to run the
transmission line along another route, and Councilwoman Ginn stated
that would be very expensive, but it might be possible to start the
placement of poles in another area along the road.
Commissioner Eggert f elt the placement of the poles should be
held up until the questions about public health and saf ety are
addressed.
Commissioner Adams understood that the reason f or putting of f
that meeting was because Attorney Bruce Barkett's clients could not
be there and also because some of the City people could not be
22
there. It was for mutual reasons. She pointed out that the County
commission has responded very quickly to various concerns that the
City has expressed, and Councilwoman Ginn explained that is why she
and Councilman Jack Grossett are here today.
Chairman Bird suggested that we request the County Attorney to
research whether the County has any standing here or any ability to
seek a court injunction to stop this project in its tracks so that
health and public safety issues can be addressed.
Attorney Vitunac advised that he would research all
possibilities.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) directed the
County Attorney to see if the County has standing in
this matter to seek a court injunction to halt the
placement of these utility poles until the health
and safety concerns are addressed; and, if it is
found that the County does not have standing, the
County Attorney is to see if there are other ways
that we could help and offer that assistance to the
homeowners' group and their attorney, Bruce Barkett.
In addition, the Board directed staff to see what
can be done about putting something in our
ordinances that might increase distance from poles
to property owners.
I
SCHEDULE TWO PUBLIC HEARINGS TO CONSIDER LDR CHANGES
The Board reviewed the following memo dated 6/24/93:
TO: James E. Chandler
County Administrator
9"ION HEAD CONCURRENCE:
-Robert M. 1(cilitibf, AIW
Community Development(-45irector
FRON: Stan BolingA, %CP
Planning Director
DATE: June 24, 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 July 6, 1993.
23
6 1993 BOOK 89 FA-UF,979
JUL - 6 093 BOOK
BACKGROUND:
89 �,��Iu 980 -7
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.
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 Affordable Housing Advisory Committee
(AHAC), and the Board of County Commissioners. This set of LDR
amendments relates to many issues, including but not limited to the
following:
- Residential resort uses and projects
- Limited automotive repair uses'in the CL district
- Farmworker and migrant housing
- Affordable Housing density bonus provisions
- Authority of staff to approve site plan projects and
expansions of special exception uses
- Planned development project "internal" buffering requirements
- Bikeway and sidewalk construction and bonding -out provisions
- Appeals of decisions on development project requests
The PSAC has reviewed the proposed amendments. The Planning and
Zoning Commission is in the process of considering and making
recommendations to the Board regarding 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:
The proposed amendments were considered by the PSAC at its March,
April, May, and June 1993 meetings. The Planning and Zoning
Commission considered most of the proposed amendments at its June
24, 1993 meeting, and is scheduled to consider the remaining
amendments at its July 8, 1993 meeting. The Board of County
Commissioners must hold its meetings after receiving the Planning
and Zoning Commission's recommendations. While most of the
proposed amendments are non -controversial, some items will require
significant discussion, most notably the residential resort
proposed amendments.
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 the two
meetings. The meetings must be held after 5:00 p.m. Planning
staff has coordinated with the Board office staff regarding
potential hearing dates in August and early September. One set of
hearing dates'which would comply with all the state requirements
and appears to accommodate Commissioners' schedules is as follows:
MEETING,* DATE TIME
1. Monday, August 23, 1993 5:01 P.M.
2. Tuesday, September 7, 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.
24
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin being absent) directed staff to
schedule public hearings for 5:01 o'clock p.m. on
August 23 and September 7 to consider -the current
LDR amendments.
FLORIDA COMKUNITIES TRUST (FCT) CONCEPTUAL APPROVAL AGREEMENT FOR
THE 11WABASS0 SCRUB" SITE
The Board reviewed the following memo dated 6/29/93:
TO: James E. Chandler
County Administrator
DE TMENT HEAD CONCURRENCE:
Robert N. 'Keiat ng, AICP
Community DevelopmeNt Director
-M>
FROM: Roland N. DeBlois,-)%ICP
Chief, Environmental Planning
DATE: June 29, 1993
RE: Florida Com ' munities Trust (FCT) Conceptual Approval
Agreement for the "Wabasso Scrub" Site
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of July 6, 1993.
DESCRIPTION AND CONDITIONS
In January, 1993, county staff, as authorized by the Board of
County Commissioners and endorsed by the County Land Acquisition
Advisory Committee (LAAC), submitted an application to the Florida
Communities Trust (FCT) program for 50% funding of a property
referred to as the "Wabasso Scrub" site.
The Wabasso Scrub site is approximately ±110 acres in size, located
northwest of the C. R. 510/ Kings Highway intersection. The
property consists primarily *of xeric scrub habitat, and has been
documented as supporting at least five listed rare species. The
property is owned by Ms. Jane Chapin, represented by Bob Burnett of
Lost Tree Village Corporation.
Funding Approved
On May 10,, 1993,. the Governing Body of the Florida Communities
Trust (FCT) program held a public hearing in Tallahassee regarding
second -year -cycle FCT grant applications. The purpose of the
hearing was to finalize the scoring and ranking of each of 42
submitted projects. As a result of the scoring, the Wabasso Scrub
site tied for 14th out of the total 42 projects, ranking solidly
within the State's funding range.
41
BOOK DU
6 1993
J U. L - 6 19 9 3 BOOK
Conceptual Approval Agreement
89 PnUF 992 -7
Since the May 10th FCT hearing, FCT staff have visited* the Wabasso
Scrub site with county staff to verify site conditions as
represented in the project application. In accordance with State
procedures, the next step is f or the FCT Governing Body and the
County Commission to execute a "Conceptual Approval Agreement".
FCT staff have transmitted the attached draft Conceptual Approval
Agreement to county staff relating to the subject property. This
Agreement will be considered by the FCT Governing Board at its next
scheduled meeting on July 8, 1993.
Although execution of the agreement by the County is not required
prior to the July 8, 1993 FCT Governing Board meeting, it is
important that the County review the draft agreement beforehand for
general concurrence. For this reason, the draft agreement is
presented herein for the Board's consideration.
ALTERNATIVES & ANALYSIS
The draft agreement consists largely of standard language and
conditions pursuant to Rule 9K-4, Florida Administrative Code,
which sets forth Florida Communities Trust program procedures.
The agreement consists of seven main sections, as follows
(paraphrased):
General Conditions
Requirements Prior to Initiation Of Negotiations
County Obligations Relating to Project Plan Approval
IV. Project Site Title Conditions
V. Obligations as a Condition of Project Funding
VI. Obligations Relating to Use of Bond Proceeds
VII. Site Specific Management Plan Conditions
The General Conditions section of the agreement contains standard
language pertaining to timing and coordination of steps between
the County and the FCT.
Requirements Prior to Initiation of Negotiations outlines a number
of steps and time frames including the requirement that the County
enter into a multi-party agreement with FCT prior to August 31,
1993, if the County chooses to conduct negotiation activities.
Also, the County is required to provide a resolution to FCT by
October 31, 1993, with information confirming such things as the
property owner being a willing seller, and the County's ability to
provide the local match.
County Obligations as a Condition of Project Plan Approva . I outlines
County documents required prior to FCT disbursement of State funds,
including a statement of total project costs, a signed agreement
for acquisition, and a management plan consistent with the criteria
and conditions within the Conceptual Approval Agreement.
Title Conditions relates to State requirements regarding transfer
of title procedures.
Obligations.as a Condition of Project Funding ensures that any use
of the property once acquired will be consistent with the adopted
management plan, or, if changes are proposed, that FCT approval is
first obtained.
Obligations Relating to the Use of Bond Proceeds requires the
County to notify FCT if any use of the property is proposed that
may af f ect State bond proceeds used in acquiring the property; with
respect to legal and tax consequences.
26
Site Specific Management Plan Conditions reflect information
presented to FCT in the County's grant application, relating to
proposed site improvements and use. Proposed improvements include
a limited parking area, nature/walking trail, picnic facilities,
boardwalk access to wetlands, and Informational displays.
RECOMMENDATION
Staf f recommends that the Board of County Commissioners approve the
attached Conceptual Approval Agreement, and authorize the Board
Chairman to execute the Agreement subsequent to FCT Governing Board
approval.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, that the Board approve the
Conceptual Approval Agreement and authorize the
Chairman to execute the agreement subsequent to FCT
Governing Board approval.
Under discussion, Commissioner Adams was concerned that this
property was used as a dump site and that we don't know what was
dumped there, but Roland DeBlois, Chief of Environmental Planning,
explained that only a small portion of the property was used as a
dump site. The rest of the property is mostly in scrub pine.
There are 5 endangered species on the property.
Community Development Director Robert Keating advised that an
environmental audit would be done on the dump site and any cleanup
problems would become part of -the negotiations before the signing
of a contract.
Commissioner Adams noted that there has been a lot of flack
over this piece of property having been switched to the top of the
acquisition list, but staff has explained why this piece is more
valuable, etc. However, she has heard more than one comment about
scrub jays being attracted to a site by people baiting them with
food. If that is happening, that is a real scary prospect. She
asked if any scrub jay nests had been seen on this property.
Mr. DeBlois advised that there are at least two documented
nests of scrub jays. The Florida Game & Freshwater Fish Commission
wholeheartedly supports this property as it is one of the few
remaining large districts in the Sebastian area and they consider
it to be an anchor site for the scrub jays. He f elt that the
f eeding that may occur at the golf course is incidental to the jays
being there. In fact, over the -past year or so there have been
indications that scrub jays actually are moving to this site from
27
BOOK 89 pmu. .983
JUL - 6 1993
F, JUL, - b, 199,3
BOOK 89 Dl')F 984
properties in Sebastian that are being cleared. There is
definitely a real value to this property.
commissioner Adams hoped that this migration of scrub jays to
this property will clear up the Sebastian problem. She understood
that today's conceptual approval is only to allow this to be sent
to Florida Communities Trust.
Director Keating noted that this is our first application to
FCT and we came in 14 out of 42. He advised that this just shows
that we are leveraging the money from the bond issue. The bonds
won't be floated for a year and we already have started leveraging.
Hopefully, we will leverage every dollar there at a 50-50 or 60-40
match so that we can get a lot more benefit in buying things.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously, (4-0,
Commissioner Tippin being absent).
CONCEPTUAL APPROVAL AGREEMENT ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
SUBMISSION OF FLORIDA COMMUNITIES TRUST APPLICATIONS FOR COST -SHARE
FUNDS TO ACQUIRE THE "LOST TREE ISLANDS" AND "PRANGE ISLANDS"
The Board reviewed the following memo dated 6/29/93:
TO: James E. Chandler
County Administrator
7 D TMENT READ CONCURRENCE:
!'o
J�
Robert Keating, #ICP
I'l
Community Deve opment6krector
-VD
FROM: Roland DeBlois,'AICP
Chief, Environmental Planning
DATE: June 28, 1993
IN
RE: Request for Authorization to Submit Florida Communities
Trust (FCT) Applications for Cost -Share Funds to Acquire
the "Lost Tree Islands" and "Prang Islands"
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 6, 1993.
28
DESCRIPTION AND CONDITIONS
The "Lost Tree Islands", primarily owned by Lost Tree Village
Corporation, and the "Prang Islands". owned by Idlewyld
Corporation, are two of ten sites on the County Land Acquisition
Advisory Committee's (LAAC's) list of properties under
consideration for environmental land acquisition.
Failed CARL Application
In January, 1993, planning staff submitted a State Conservation and
Recreation Lands (CARL) application for 50% funding for the County
to acquire the Lost Tree Islands and the Prang Islands. This
"River Islands" project application was endorsed by LAAC and
authorized by the Board of County Commissioners.
In March, 1993, the Land Acquisition Advisory Council of the CARL
program held a "4 -Vote" to determine which projects nominated for
CARL funds would stay on the state list for further consideration.
At this "4 -Vote", a project must receive at least 4 out of 6 votes
to stay on the list. The "River Islands" project received a total
of 3 favorable votes. Therefore, the project was eliminated from
further consideration.
LAAC Consideration
Since that time, LAAC has considered other potential funding that
the County could pursue to acquire the Lost Tree and Prang Islands.
At their regular meeting on May 26, 1993, LAAC endorsed a proposal
by county staff that the County submit two separate Florida
Communities Trust (FCT) applications for these sites, requesting
40% State funding of acquisition costs.
The FCT program is presently accepting applications, until the
latter part of August, for their third year funding cycle. This
matter is herein presented for the Board of County Commissioners to
consider authorizing the referenced FCT application submittals.
ALTERNATIVES AND ANALYSIS
FCT Criteria
FCT is a competitive grant program, with applications evaluated in
several major categories, scored, and ranked. Because funding
requests exceed available monies, only those with the highest
ranking receive funds. Of the major evaluation categories, the
most important is the relationship of the proposed acquisition to
the goals, objectives, and policies of the comprehensive plan of
municipality in which the site occurs.
The Prang Islands are located wholly within the corporate limits of
Vero Beach. The Lost Tree Islands are located within both the City
of Vero Beach and the Town of Indian River Shores, with an
inconsequential portion located in the unincorporated county.
County planning staff have reviewed the comprehensive plans of Vero
Beach and Indian River Shores relating to FCT scoring criteria (see
attached). It is staff Is conclusion that the Lost Tree Islands and
the Prang Islands have a reasonable chance of being approved for
FCT funding.
29
L_JUL —61993 Bou 89 Fru. F 99, 5
JUL - 6 1993
BOOK 89 P,", -7
1?. 9S6
In comparing the two LAAC sites,- the Prang Islands score better due
to the presence of a native maritime hammock on the property.
Notwithstanding, both projects appear to have enough merits under
the FCT program criteria to warrant an application submittal.
The FCT program awards 10 extra points to projects where the
applicant pays 60% of acquisition costs instead of 50%. Relating to
these sites, 10 points may make the difference in whether either of
the projects is ranked for funding.
Ballpark Appraisal
The FCT program requires an applicant to submit an accurate
estimate of property fair market value. State requirements,,
however, discourage formal appraisals of property for this purpose.
Consequently, staff normally use the assessed value of a property
as a basis for value estimates.
Regarding the Lost Tree and Prang Islands, however, LAAC members
and staff are concerned that the assessed value for these
properties is not an adequate basis for estimating fair market
value.
For this reason, LAAC, at its regular meeting on May 26, 1993,
voted to recommend that the Board authorize a "letter of appraisal"
or "ballpark" estimate of these properties by an MAI certified
appraiser for purposes of FCT application submittal.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners authorize
staff to submit two separate applications for the Lost Tree Islands
and the Prang Islands under the present application cycle of the
FCT program, with the County proposing to pay 60% of acquisition
costs. Also, staff recommends that the Board authorize a
"ballpark" appraisal. of these properties by an MAI certified
appraiser for purposes of FCT application submittal.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin being absent) authorized the
submittal of two applications to FCT and a ballpark
appraisal of the properties by an MAI certified
appraiser for purposes of the application, as set
out in staff's recommendation.
RESOLUTION FOR COST -SHARE PARTNERSHIP WITH ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT TO ACQUIRE THE LOWENSTEINISALAMA PROPERTY
The Board reviewed the following memo dated 6/29/93:
30
TO: James E. Chandler
County Administrator
D RTNENT HEAD CONCURRENCE:
ff4a
Robert Keat:rng AICR,-1
Communit- elopme6i Director
-00-
FROM: Roland DeBlois, AICP
Chief, Environmental Planning
DATE: June 29, 1993
RE: Request for a Resolution Endorsing a 50% Cost -Share
Partnership with the St. Johns River Water Management
District to Acquire the "Lowenstein/Salama Property"
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of July 6, 1993.
DESCRIPTION AND CONDITIONS
Over the past 2 1/2 years, the County Land Acquisition Advisory
Committee (LAAC) has evaluated approximately 30 sites for
characteristics warranting environmental protection by means of
public acquisition. As a result, LAAC has established a priority
list of 10 sites in the County. The "Lowenstein/Salama property"
is within the top five of that priority list.
The subject property is approximately ±139 acres of coastal
hammock, xeric scrub and estuarine wetlands south of and adjacent
to the Oslo Riverfront property. The Oslo Riverfront property was
jointly acquired by the County and the St. Johns River Water
Management District (SJRWMD) in 1991.
In December, 1992, the Board of County Commissioners concurred with
an endorsement by LAAC, and authorized staff to pursue a 50% cost -
share partnership acquisition of the Lowenstein/ Salama property
with the District.
Since that time, county staff have been in contact with District
staff in pursuit of cost -share monies for the subject property.
SJRWMD staff are now willing to move forward and present the cost -
share acquisition proposal to the District's Governing Board. The
matter has been scheduled for the Governing Board's July 14th
meeting agenda.
District staff have indicated that a County Commission resolution
endorsing a cost -share partnership acquisition of the Lowenstein/
Salama property would be in the County's favor. For this reason,
staff is presenting the attached proposed resolution for the County
Commission's consideration.
ALTERNATIVES & ANALYSIS
The subject property is identified in the District's 1993 Five Year
Plan for potential acquisition within the Indian River Lagoon
basin. Acquisition of the property would complement the adjacent
+300 acre Oslo Riverfront property jointly owned by the District
and the County.
31
IV 1-7,.
L2JUL - 6 19,9,i boox S' F�AAS7
F, i U �_ - f) 1, 04m,
f
BOOK 89 PA",F. 988 1
Moreover, the site is within a corridor of lagoon -edge properties
under review for acquisition by the County and identified in the
District's Five Year Plan.
District staff have indicated that they are capable and willing to
oversee the acquisition process relating to appraisals, surveys,
and environmental audits, in coordination with county staff. They
are also willing to aid county staff in the negotiation process.
This approach is comparable to what occurred in conjunction with
the Oslo Riverfront property acquisition,, and is supported by
county staff.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached resolution endorsing a 50% cost -share partnership with the
St. Johns River Water Management District to acquire the
Lowenstein/ Salama property.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin being absent) adopted Resolution
93-110, endotsing cost -share partnership acquisition
of the Lowenstein/ Sa lama Property with the St. Johns
River Water Management District.
32
RESOLUTION NO. 93- 110
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS ENDORSING COST -SHARE
PARTNERSHIP ACQUISITION OF THE "LOWENSTEIN/
SALAMA PROPERTY" WITH THE ST. JOHNS RIVER
WATER -MANAGEMENT DISTRICT
WHEREAS, Indian River County has adopted policies in , its
Comprehensive Plan which encourage the acquisition of tracts of
valuable environmentally significant land; and
WHEREAS, the Board of County Commissioners has decided that
the decision of which environmental lands to buy should be made
after input from a large group of varied and informed interests so
that the decision will have the support of the majority of the.
population of'Indian River County; and
WHEREAS,'the Board of County Commissioners has established a
Land Acquisition Advisory Committee (LAAC) with broad
representation to advise the Board on land acquisition matters; and
WHEREAS, LAAC has identified approximately ±139 acres of
environmentally significant land, referred to as the "Lowenstein/
Salama Property" and generally depicted in "Attachment A" attached
hereto, as warranting resource conservation by means of public
acquisition; and
WHEREAS, On November 3, 1992, the citizens of. Indian River
County voted to approved a $26 million ad valorem tax bond
referendum as a local funding source for public acquisition of
environmentally significant lands; and
. WHEREAS, it is the County's policy to seek matching.funds to
acquire environmentally significant lands in order to maximize the
effectiveness of the County environmental lands acquisition
program; and
WHEREAS, the "Lowenstein/Salama Property" is identified in the
St. Johns River Water Management District's Water Management Lands
Trust Fund Five -Year Plan for acquisition consideration; -
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS FULLY ENDORSES A 50% COST -SHARE PARTNERSHIP WITH THE
ST. JOHNS RIVER WATER MANAGMENT DISTRICT TO ACQUIRE THE HEREIN
DESCRIBED "LOWENSTEIN/SALAMA PROPERTY
THIS RESOLUTION was moved for adoption by Commissioner
i -
, Eggert , and the motion was seconded by Commissioner
Macht
f 01 lows:
and, upon being put to a vote, the vote was as
33
J u L - 6 1993, BOOK 8 9 F,� U P. 9 .8 9
JUL -C9911
RESOLUTION 110. 93- 110
Chairman, Richard N. Bird
Vice Chairman, John W. Tippin
Commissioner Carolyn Eggert
Commissioner Kenneth R. Macht
Commissioner Fran Adams
BOOK 89 PAIF -7
U. 9.90
Aye
Absent
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 6 day of July 1993.
ST
J
BOARD OF COUNTY COMMISSIONERS OF
INDI7ANVE CO;U;N FLORIDA
Ridha-rd N. Vird"Thal-i-man
34
Indian Rim Go, Aovroved Date
AdMIrL V-�Fje
r
Legal c-> C. L
Budget AIJ,+
Dept
Risk m9r.
M M M
Lowenstein/Salama Property
I 29-33-40-O0000-0:110-00001.0
2 2.9-33-40-000oo-0010-00001.1
3 29-33-40-00000-0010-000(),
4 .2
30-33-40-O0000-1000-00001.0
5 30-33-4 0-00000-1000-00002.0
6 30-11-4 0-00000-1000-00003.0
7 30-3.3-4 0-00000-1(1(3t)-00004.0
6 30-33-40-00000-3000-00033.0
Approximate Acreage:
Number of Parcels:
Number of owners:
Assessed Value:
LJUL -61993
35
+139
8
4
BOOK 8 9 UGF 9 .9 1
JUL — 8 Irnm BOOK 89
UF9,92
APPROVAL OF PEACETIME EMERGENCY PLAN AND DISASTER EVENT RECOVERY
PLAN
The Board reviewed the following memo dated 6/7/93:
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandl nty Administrator
Co I
tei
FROM: Doug Wrigh irector
Emergency Services
DATE: June 7, 1993
SUBJECT: Approval of Peacetime Emergency Plan and Disaster
Event Recovery Plan
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
Staff has been diligently working over the past year to review and
improve the Peacetime Emergency Plan and develop a Disaster Event
Recovery Plan. In the past, the Peacetime Emergency Plan included
some limited information regarding recovery operations. However,,
after reviewing the. lessons learned from Hurricane Andrew, it was
clear that the recovery'part of the plan needed major emphasis and
amplification in terms of specific information related to Indian
River County.
In the past several months, staff held eighteen (18) different
meetings with representatives from municipalities, various agencies,
organizations, and interested citizens to receive input and
information related to post disaster activities. The plans before
the Board today include the work product from those meetings as well
as information staff has gleaned from various seminars, conferences,
and regional meetings related to recovery activities from any natural
or manmade disaster.
Staff has made a concerted effort to develop the plans specific to
Indian River County on the Emergency Service Function (ESF) format
utilized in the Federal Response Plan. This was done for reasons
related to continuity of operations and ease of interfacing local
plans with plans the federal agencies involved in recovery operations
would be using in the event a disaster such as a hurricane should
make landfall in the county.
ALTERNATIVES AND ANALYSIS:
The documents submitted were prepared and submitted in draft form to
all local government entities, agencies, and organizationsJ, that
would have a vested interest in response and recovery issues and
operations. A period of time was given for review and/or response
for recommended changes in terms of plan improvement. A f inal
meeting was held to receive input or recommendations two weeks prior
to June 1. Since that time, the plans have been put into final form
and if the Board approves the documents, they will become the
blueprints for this county's response and recovery activities should
the worst event occur.
36
RECOMMENDATION:
Staf f 'recommends the Board of County Commissioners approve the
Peacetime Emergency Plan and the Disaster Event Recovery Plan as
submitted.
Staf f would also suggest that time be allocated for the Board to
receive an overview of the response and recovery plans for
familiarization purposes in the event the county should become at
risk during the hurricane season and the Emergency operations Center
is activated.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
commissioner Tippin being absent) approved the
Peacetime Emergency Plan and the Disaster Event
Recovery Plan, as set out in the above staff
recommendation.
REQUEST FOR GRADING 85TH PLACE, VERO LAKE ESTATES
The Board reviewed the following memo dated 6/22/93:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E * . 19
Public Works Director
SUBJECT: Request for Grading 85th Place
Vero Lake Estates
REF. LETTER: Mrs. Diane McGarvey to Jim Davis
received Apr. 14, 1993
DATE: June 22, 1993 FILE: 94ay.agn
DESCRIPTION AND CONDITIONS
During the regular May 15, 1991 meeting of the Board of County
Commissioners.- staf f recommended that the County assume grading of
approximately 13 miles of additional unpaved roads in the Vero Lake
Estates Subdivision. Various roads have been added since that time
with the approval of the Board.
At this time, Mrs. Diane McGarvey, resident of 9465 85th Place,has
requested that the County grade 85th Place from 94th Avenue to 95th
Avenue.
37
LJ -6191% BOOK. 89 p,,�,F
U L I v-3 t) _ 993
r- JUL - 6 1993
ALTERNATIVES AND ANALYSIS
BOOK 8 9 FAGE 9,94 -7
Staff has reviewed this request and performed the standard
numerical evaluation of criteria for acceptance of grading
unimproved roads. Staff usually recommends that a minimum of 75
points be assigned to justify grading. In this case, a minimum of
80 points was assigned.
RECOMMENDATIONS AND FUNDING
Since the minimum of 75 points was met, staf f recommends the
addition of 85th Place between 94th Avenue and 95th Avenue be added
to the grading route in Vero Lake Estates.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin being absent) added 85th Place
between 94th and 95th Avenues to the grading route
in Vero Lake Estates, as recommended by staff.
BARBER STREET RIGHT-OF-WAY ACQUISITION - RODRIGUEZ
The Board reviewed the following memo dated 6/11/93:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Donald G. Finney, SRA
Right -of -Way Agent
SUBJECT: Barber Street, City of Sebastian -
Mr. & Mrs. Victor Rodriquez Right of Way Parcel
DATE: June 23, 1993
DESCRIPTION AND CONDITIONS
FILE: rodriq.agn
The City of Sebastian is requesting to use Traf f ic Impact Fee
revenue to purchase right-of-way along Barber Street. Thirty feet
of additional right-of-way is required from fourteen properties to
widen and straighten the alignment and also the curveat the corner
of Stratton Avenue. The property owners have executed a Contract
For Sale And Purchase for $15,000 for the entire lot price which
includes expenses the owner has already incurred for fill, septic
tank and building permit costs.
RECOMMENDATIONS AND FUNDING
Staff requests the Board approve the $15,000 contract and direct
the Chairman to execute the contract on the Board's behalf.
Funding to be from 101-153-541- District Three Traffic Impac.t Fee.
38
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) approved the
Contract f or Sale and Purchase with Victor T. and
Mariann Rodriguez, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
FINAL PAYMENT TO CARTER & ASSOC. - 41ST ST. DRAINAGE ANALYSIS
The Board reviewed the following memo dated 6/21/93:
TO:. James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Final Payment - 41st Street Drainage Analysis
DATE: June 21, 1993
DESCRIPTION AND CONDITIONS
FILE: 41st.agn
Carter & Associates has completed the analysis of drainage on 41st Street
from USI to Indian River Boulevard. This analysis was requested by the
property owners on 41st Street during negotiations to purchase needed right-
of-way.
Carter & Associates is requesting that the County release final payment (copy
attached) in the amount of $4,484.45.
RECOMMENDATIONS AND FUNDING
Staff recommends release of final payment to Carter & Associates in the
amount of $4,484.45. Funding is from 309-215-541-033.13 - Indian River
Boulevard Phase IV.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) authorized release
of final payment to Carter & Associates in the
amount of $4,484.45, as set out in the above staff
recommendation.
39
JUL - 619913 BOOK 8 9 F F 9 11%)
Fr'__
JUL - 6 1993
BOOK 89 PA�GIF.996 -7
REQUEST FOR ESTABLISHMENT OF NEW STAFF POSITION - COASTAL ENGINEER
The Board reviewed the following memo dated 6/30/93:
TO: James E. Chandler,
County Administrator
FROM:
SUBJECT:
DATE:
James W. Davis, P.E.,
Public Works Director
Request for Establishment
Position - Coastal Engineer
June 30, 1993
DESCRIPTION AND CONDITIONS
of New Staff
FILE: coastal.agn
During the June 24, 1993 Joint meeting of the Board of County
Commissioners and City of Vero Beach City Council, staff was
encouraged by both the City Council and County Commission to
proceed rapidly in implementing a coastal erosion prevention/beach
preservation project along the Vero Beach and possibly Wabasso
Beach shoreline. As a result, staff has identified specific
activities (see attached IRC Beach Management Activities Chart)
that must be accomplished and staff resources available.
ALTERNATIVES AND ANALYSIS
Analysis of Staff and/or Consultant Resources to Manage Beach
Preservation Program.
The Indian River County Public Works Department and Engineering
Division currently has a staff/project work load as follows:
Public Works Director
Management of 6 County Divisions
Member of MPO Technical Committee
Capital Project Litigation/Implementation
Various Committee Liaison (Parks, Firing
Range, Beach, Biking Path, etc.
New Development Review
Miscellaneous
Capital Project Manager ( 1 Registered Engineer)
Indian River Blvd. Phase 4
Round Island Park
CR510/AIA
Oslo Road Widening
Jungle Trail Enhance t
Kings Highway Imprnv nts
% of Time
Allocated
50%
10%
10%
10%
10%
16%
50%
20%
10%
10%
5%
5%
Engineering Division(2 Registered Engineers)
County Engineer/Drainage Engineer -Civil Engineer
Petition Paving 25%
Development Review 25%
CR512 Widening 25%
Roadway -Design & Misc. Projects. 25%
The attached schedule of Beach Management Activities will demand
the services of a full time Coastal Engineering position or
Consultant through project completion in 1996. Monitoring the
project will require a part-time effort beyond 1996. In addition,
40
Roseland area Hanson/Rogala floodplain
Fletcher floodplain
Frogleg Creek floodplain
South Prong Sebastian River
Indian River Farms Floodplain
Indian River floodplain
Fellsmere Farms floodplain
St. Johns River Upper Basin.
Hurricane Planning, Federal Flood Insurance Program Liaison, and
Water Resource issues should be coordinated. The Coastal Engineer
can handle all the above activities if the position is established.
A consulting engineering firm could be retained on a continual
basis, however, staff is of the opinion that this option would be
more costly and a staff person would have to devote time to manage
the contract.
RECOMMENDATIONS AND FUNDING
Staff recommends that a Full Time Coastal Engineering Position be
established within the Public Works Department. The attached job
description has been prepared.
MOTION WAS MADE by Commissioner Macht, SECONDED by
commissioner Eggert, that the Board approve the new
staff position of Coastal Engineer, as recommended
by staff.
At the request of Commissioner Eggert, Public Works Director
Jim Davis explained that when we . begin to modify the applications
to the Army Corps of Engineers for the coastal erosion
prevention/ beach preservation project, the increased activities
will demand the services of a full time Coastal Engineering
position. In addition, this person would serve as a floodplain
management specialist.
Administrator Chandler pointed out that Director Davis has
spent a great deal of time on this project in recent months, but it
is clear that he cannot continue to devote as much time in the
future. The need is there for this position.
Commissioner Adams wholeheartedly agreed that this should be
a full-time position. She f elt it is imperative that we have
someone to fast track the beach project. We also need to address
our storm water runoff into the Indian River Lagoon, and a coastal
engineer with drainage expertise would be the one to handle that
area.
41
JUL - A- 800K .9 49 7
L: V 19,93
JUL - 0, 1993
U -1
BOOK 89 RU 9,98
Commissioner Eggert just wanted it made clear that this
person would be working for Jim Davis and the County Administrator
and not for the Tourist Development Council.
commissioner Bird asked if this position would need any
support staff, and Director Davis stated that he did not envision
any support staff. However, we would have to make this individual
mobile.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0,
Commissioner Tippin being absent).
- Ir. V
WOOD HOLLOW WATER SERVICE PROJECT - FINAL ASSESSMENT (RES. 3=
The Board reviewed the following memo dated 6/15/93:
DATE: JUNE 15, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO,
DIRECTOR OF UTIL T RVICES
PREPARED JAMES D. CHA
AND STAFFED MANAGER OF MENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WOOD HOLLOW/32ND COURT AND 32ND AVENUE, SW
WATER SERVICE PROJECT - RESOLUTION IV
FINAL ASSESSMENT ROLL
INDIAN RIVER COUNTY PROJECT NO. UK -92 -37 -DS
BACKGROUND
On February 2, 1993, the Indian River County Board of County
Commissioners approved Resolution III, No. 93-23, for the
preliminary assessment roll on the above -referenced project. The
construction of the project has been completed. Customer
connections have begun, and we request the Board of County
Commissioners, approval of the final assessment roll (see attached
minutes and Resolution III).
ANALYSIS
The preliminary assessment was for a total estimated cost to be
assessed of $81,613.94, which equated to $0.113058 per square foot
of property owned. The final assessment (see attached Resolution IV
and the accompanying assessment roll) is in the amount of
$55,650.10, which equates to a cost of $0.077091 per square foot of
property.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
42
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) adopted Resolution
93-111, certifying "as -built" costs for installation
of a waterline extension to Wood Hollow, 32nd Court,
and 32nd Avenue, SW.
As Built (Final Reso.) -6/17/93(legal)Vk/DC
RESOLUTION NO. 93-. 111
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A
WATERLINE EXTENSION TO WOOD HOLLOW, 32ND COURT, AND
32 -ND AVENUE, SW, AND SUCH OTHER CONSTRUCTION NECESSI-
TATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLE-
TION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND
INTEREST.
WHEREAS, the Board of County Commissioners of Indian River County
determined that the waterline improvements for the properties located in
Wood Hollow, 32nd Court, and 32 Avenue, SW, were necessary to promote
the public welfare of the county; and
WHEREAS, on Tuesday, February 2, 1993, the Board held a public
hearing at which time and place the owners of property to be assessed
appeared before the Board to be heard as to the propriety and advisa-
bility of making such improvements; and
WHEREAS, after such public hearing was held the County Commission
adopted Resolution No. 93-23, which confirmed the special assessment
cost of the project to the property specially benefited by the project
in the amounts listed in the attachment to that resolution; and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 93-23,
43
BOOK 89 rgF �q
JUL - 6 1993
FF"— J U L = 6 1993
BOOK 8 0 � , , "- --lF, 0 9, 1
RESOLUTION NO. 93-111
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 93-23 is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 8% per annum may be made
in ten annual installments, the first to be made twelve months from
0
the due date. The due date is ninety days after the passage of
this resolution.
3. The final assessment roll for the project listed in Resolution No.
93-23 shall be as shown on the attached Exhibit "A."
4. The assessments, as shown on the attached Exhibit "A," shall stand
confirm6d and remain legal, valid, and binding first liens against
the property against which such assessments are made until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
93-23, were recorded by the County on the public records of Indian
River County, and the lien shall remain prima facie evidence of its
validity.
The resolution was moved for adoption by Commissioner Eggert —1
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 Absent
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 —6 day of July, 1993.
Attest:
Jeffre K Barto Clerk.,
D. C,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By _OA& �,Oee4o �-
Richard N. Bird
chairman
44
Boor. 1001
WATER EXPANSION PLAN, PHASE III -A
The Board reviewed the following memo dated 6/16/93:
DATE: JUNE 16, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO4).,
DIRECTOR Ok,--MIL SERVICES
STAFFED AND
PREPARED BY: H. D. nDi; �OSTEIij P.E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER EXPANSION PLAN, PHASE III -A
IRC PROJECT NO. UW -93 -03 -DS
BACKGROUND:
The Water Expansion Plan, Phase III,
June 22, 1993; Resolutions I and II
county commissioners on May 11,, 1993
is having its Public Hearing on
were approved by the Board of
(see attached agenda item).
The Phase III project included a water line on 59th Avenue
(Cherrywood Estates),, south of 33rd Street, and dead -ended at the
southern end of the street, since no adjacent right-of-way utility
easement existed. Through discussions with the owner of a large
parcel, a 35 -foot easement at the tip of the water line is
anticipated. This would allow us to continue the water line through
the Pine Metto Subdivision (58th Court) and provide a loop back to
58th Avenue via 26th Street (Walker Avenue).
ANALYSIS:
Obtaining an easement on the northern end of Parcel No.
32 32 39 00001 0160 00002.0 would allow us to loop our water line
and enhance the distributional qualities of our system by
eliminating a dead-end on 59th Avenue,, and would also provide water
service to the Pine Metto Subdivision and adjacent properties. The
total estimated cost of the project is $60,,000.00. This amount
would also be the assessed cost to be applied against the property
owners,
The project will serve approximately 39 properties; 28 of which are
substandard or "undersized," according to Indian River County"s
Comprehensive Plan and the County Public Health Unit, Division of
Environmental Health. New lots utilizing well and septic systems
are required to be a minimum of one-half acre. Lots not meeting
these minimum standards are called "undersized lots.,,
The attached map displays the area to benef it from the assessment
project.
RECOMMENDATION:
The staff of the Department of Utility Services recommends approval
of the subject project, and requests authorization to proceed with
design.
45
JUL - 6 1993 BOOK 8 9 `,� 'li F 10 0
RL - 6 1993
AF -F1003
BOOK 89 Ndi - ;7
Utilities Director Terry Pinto explained that this project was
tracking right behind Phase III which was approved by the Board two
weeks ago with the deletion of Cherry Lane. He recommended that
the Board take a look at this area to see if they want to go ahead
with this project.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht, that the Board delay any
decision on this until another meeting is held and
do Cherrywood Estates when Cherry Lane is done.
Lengthy discussion ensued regarding the feasibility of having
a public hearing or workshop on reviewing assessment policy.
Commissioner Eggert understood that the three new
Commissioners were concerned about the urban service areas and felt
we should challenge some of the things in the Comp Plan that were
driving some of these things such as the corridor study.
Commissioner Adams felt we have lost sight of the main purpose
of providing water to these areas, which is to provide safe
drinking water to residences in areas where the wells are failing.
Director Pinto emphasized that the issue has gone beyond the
direction of corridors. What drove the Comp Plan was supposedly
the overall need to provide service to the user, and all he needs
to know is what the Board wants him to do.
Commissioner Eggert stressed that we have worked hard and long
on this and went through the public hearing process, along with
several public workshops.
Director Pinto offered to show Commissioner Macht the video
tapes on methods of assessment that were prepared for the public
workshops.
commissioner Macht wished to review our assessment policy and
get the information out to the public.
commissioner Adams suggested that the Press Journal do a story
on water expansion plans and insert a map showing the areas that
are planned to receive utilities in future phases.
Director Pinto noted that the Press Journal published articles
along with maps three years ago.
Commissioner Macht felt that perhaps all we need is a
validation of the fact that we are providing service to the urban
service areas.
Chairman Bird just wanted to give staff some firm direction on
whether or not to proceed with what they are doing in the next
phases. He didn't feel that just because the Board agreed that it
wasn't feasible to include Cherry Lane in the project a couple of
46
weeks ago it necessarily meant we would deviate f rom the future
water phases that have been planned. He felt Cherry Lane was a
unique situation.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously
(4-0, commissioner Tippin being absent).
Chairman Bird felt the next question is whether to authorize
staff to go ahead with the planned projects.
The commissioners indicated their agreement to having staff
proceed with the future phases and bringing the corridor study back
to the Board at a regular meeting.
FINAL PAY REQUEST - WATER MAIN - 31ST AVENUE, SW
The Board reviewed the following memo dated 6/18/93:
TO: JAMES E. CHANDLER JUNE 18, 1993
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITD� RVICES
PREPARED ROBERT 0. WISEMEN, P E.�64
AND STAFFED ENVIRONMENTAL ENGINEiR
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: FINAL PAY REQUEST
31ST AVENUE, SW WATER MAIN
INDIAN RIVER COUNTY PROJECT NO. UW -92 -40 -DS
DMIAN RIVER COUNTY BID NO. 3089
On* May 4, 1993, the Indian River County Board of County
Commissioners awarded the subject project to Treasure Coast
Contracting of Vero Beach, Florida, in the amount of $17,086.66 (see
attached agenda item).
ANALYSIS
The original contract amount of the project was $17,086.66.
Adjustments (which are reflected on the attached change order) were
made during construction. The net adjustments amounted to an
increase of $1,412.10, which increases the final total contract
amount to $18,498.76.
The final pay request is $18,498.76.
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached change order and final pay
request to Treasure Coast Contracting, Inc., in the amount of
$18,498.76. 47
JUL - 6 1993 VOK 89 �'AGE100
JUL - BOOK 89
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Tippin being absent) approved change
order and final pay request in the amount of
$18,498.76 to Treasure Coast Contracting, Inc., as
recommended by staff.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ROSELAND ELEVATED WATER STORAGE TANK
The Board reviewed the following memo dated 6/22/93:
DATE: JUNE 22, 1993
TO: JAMES E. CHANDLER.
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI9PVICES
STAFFED AND
PREPARED BY: ROBERT 0. WISEMEN, P.E
ENVIRONMENTAL ENGINEERW
DEPARTMENT OF UTILITY :ES
SUBJECT: ROSELAND ELEVATED WATER STORAGE TANK
CHANGE ORDER NO. 1
IRC PROJECT NO. UW -92 -07 -DS
BACKGROUND:
On March 9, 1993, the Board of County Commissioners approved and
awarded the contract for the above -referenced project to Brown Steel
Contractors, Inc. (see attached agenda item). The' approved contract
price is $861,000.00.
ANALYSIS:
In preliminary soil investigation, based on historical soil type in
the area, the -soil engineers of PSI-Jammal & Associates Division,
estimated the depth requirement for pile foundation. On June 3,
1993, test pile analysis was conducted using a pile driving analyzer
to determine the minimum depth of embedment for said pile.
According to the test pile, the minimum pile embedment shall be 65
feet from the surface, which is 10 feet deeper than the initial
estimate based on historical data.
Based on the approv ' ed unit price for additional piling depth, the
$17,280.00 change order is required. The contract price, including
this change order, is $878,280.00.
RECOMMENDATION:
The Department of Utility Services recommends that the Board of
county Commissioners approve and execute Change Order No. 1 in the
amount of $17,280.00.
48
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
commissioner Tippin being absent) approved Change
Order No. 1 in the amount of $17,280.00 for Brown
Steel Contractors, Inc., as recommended by staff.
CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WATER SERVICE IN PINEWOOD LANE/31ST AVENUE, IN - FINAL ASSESSMENT
(RESOLUTION IV)
. The Board reviewed the following memo dated 6/21/93:
DATE: JUNE 21, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIN �SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASS S
69 PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER SERVICE IN PINEWOOD LANE/31ST AVENUE, SW
(SOUTH OFF 1ST STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -92 -40 -DS
RESOLUTION IV - FINAL ASSESSMENT
BACKGROUND
On February 23, 1993, the Indian River County Board of County
Commissioners approved Resolution III, No. 93-39, for the
preliminary assessment roll on the above -referenced project.
Construction of the project - has been completed. Customer
connections have begun, and we request the Board of County
Commissioners' approval of the final assessment roll." (See attached
minutes and Resolution III.)
ANALYSIS
The preliminary assessment was for a total estimated cost of
$29,350.38, which equated to + $0.053938 per square foot of property
assessed. The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in -the amount of $24,945.76, which
equates to a cost of $O.D4584328304 per square foot of property.
RECOM10MATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
�,V
BOOK 89
U
JUL - 6 1993
Fr'__ J U L
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) adopted Resolution
93-112, certifying "as -built" costs for installation
of a waterline extension to Pinewood Lane (31st
Avenue, SW south off First Street, SW).
As Built (Final Reso.) 6/24/93(legal)Vk/DC
RESOLUTION NO. 93- 112
A 'RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A
WATERLINE EXTENSION TO PINEWOOD LANE (31ST AVENUE,
SW , , SOUTH OFF FIRST STREET, SW), AND SUCH OTHER
CONSTRUCTION NECESSITATED BY SUCH PROJECTI PROVIDING
FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT
WITHOUT PENALTY AND INTEREST.
li -1
89 rnF 100 7
WHEREAS, the Board of County Commissioners of Indian River County
determined that the waterline improvements for the properties located in
Pinewood Lane (31st Avenue, SW, South off First Street, SW) were
necessary to promote the public welfare of the county; and
WHEREAS, on Tuesday, February 23, 1993, the Board held a public
hearing at which time and place the owners of property to be assessed
appeared before the Board to be heard as to the propriety and advisa-
bility of making such improvements; and
WHEREAS, after such public hearing was held' the County Commission
adopted Resolution No. 93-39, which confirmed the special assessment
cost of the project to the property specially benefited by the project
in the amounts listed in the attachment to that resolution; and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 93-39,
50
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 93-39 is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days af ter
passage of this resolution.
2. Payments bearing interest at the rate of 8% per annum may be made
in ten annual installments, the first to be made twelve months from
0
the due date. The due date is the date of the passage of this
resolution.
3. The final assessment roll for the project listed in Resolution No.
93-39 shall be as shown on the attached Exhibit "A."
4. The assessments, as shown on the attached Exhibit "A," shall stand
confirmed. and remain legal, valid, and -binding first liens against
the property against which such assessments are made until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
93-39, were recorded by the County on the public records of Indian
River County, and the lien shall remain prima facie evidence of its
validity.
The resolution was moved for adoption by Commissioner Adams 01
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 Absent
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 6 day of July, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
Bird
By
_icl�ard 5!
Jef--ey K Barton, 5J9erk 1 Chairman
CJ
Attachment: ASSESSMENT ROLL
51
BOOK 10 "1 a
-61993
BOOK 80 matlool
COUNTRYSIDE NORTH WASTEWATER CONNECTION AND PAST -DUE BASE FACILITY
FEES
Utilities Director Terry Pinto presented the following staff
recommendation dated 6/24/93:
DATE: JUNE 24p 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI� VICES
STAFFED AND
PREPARED BY: HARRY E. ASHER
ASSISTANT DIRECTOR OF UTILITY SERVICES
DEPARTMENT OF UTILITY SERVICES
SUBJECT: COUNTRYSIDE NORTH WASTEWATER CONNECTION AND PAST -DUE
BASE FACILITY FEES
BACKGROUND:
As follows is a chronology of events leading to the current
connection of Countryside North Mobile Home Park (CMHP) and past -due
base facility fees:
1. June 5. 1985: On June 5, 1985, the County adopted
Resolution 85-61 transferring and amending 'Resolution
80-88 from Florida Atlantic Associates to Realcor-Vero
Beach Associates, including an agreement relating to
wastewater treatment services between the County and
Realcor-Vero Beach Associates (copy attached),, which
states in Section 3, "DevelgjRer agrees that it will
connect the Project to the County wastewater system within
county.-,
2. October 10, 1986: On October 10, 1986, Utilities notified
Realcor that wastewater was -available to Countryside North
and to prepare to connect to the County system within 90
days.
Various correspondence and actions transpired between
October 1986 and 1988 concerning payment of franchise,,
impact, and renewal and replacement fees as required under
the franchise and June 5, 1985, agreement. Also, in 1987,
Countryside South (287 lots) was connected to the County
water and wastewater system.
3. ARril-12. 1990: On April 12,, 1990# Utilities notified
Realcor to connect to the County wastewater system within
60 days as outlined in the June 5, 1985, agreement (copy
attached). Subsequently, various correspondence between
County, Realcor, and Realcor's engineer occurred on May 8,
11, 24, and 29, and on June 10 and 11, 1990, regarding the
required force main connection point.
9K,
After required notice to connect within 60 days was given
on April 12, 1990, and with Utilities committed to provide
the capacity required,, Utilities began monthly billing for
base facility charges as required under its ordinance.
The f irst billing period was for the period of June 13 -
July 12,, 1990. No payments have been received to date,
and the current balance as of July 1, 1993, including
penalties and interest, is $244,202.05.
4. June, July, 199Q: System was designed by Kimley-Horn and
Associates, as evidenced by invoices submitted for
reimbursement.
5. Auggst 27. 1990: On August 27,, 1990, Utilities served
notice to Realcor of failure to comply with the April 12,
1990, notice to connect, and requested submittal of a time
schedule for completion of the wastewater connection.
6. October 2. 22, & 25, 1990: There was various
correspondence between Utilities and Realcor's attorney,
Samuel A. Block, on October 2, 22, and 25, 1990,
concerning the required point of connection.
7. February 22, 1991: On February 22, 1991, a memo was sent
from Harry Asher to Charles Vitunac, County Attorney,
requesting his office to proceed with all legal options
due to lack of response by Countryside to connect.
8. March 13, 1991: On March 13, 1991, a memo was sent from
the County Attorney to the BCC regarding the Countryside
franchise.
9. March 19. 1991: On March 19, 1991, Mr. Ed Nelson gave a
presentation to the BCC concerning the Countryside
franchise. After that presentation,, the BCC passed a
motion "that the Board abide by the 1985 agreement; give
an accounting from 1985 to date; and maintain the
Commission's position to enforce the 1985 agreement and
those impact fees, but take no position on whether the
park owner can pass on those fees and charges to the
residents" (copy attached).
10. July 1. 1991: On July 1, 1991, the County was notified by
Samuel Block that CMHP was prepared to connect its sewer
system with the County wastewater system (copy attached).
11. January 21, 1992: On January 21, 1992, after further
assurances of connection, and at the request of CMHP for
an extension of the final payment of all wastewater impact
fees from 1995 to 2002 and an extension of the requirement
to connect to County water from 1995 to 2002,, the BCC
approved a Modification to the June 5, 1985 agreement
(copy attached), acknowledging and approving the use of
approximately $150,000 in escrowed funds paid by Florida
Atlantic to be used for the cost of connecting CMHP to the
County system (it is estimated that this will cover the
connection costs), extending the final payment of all
wastewater fees from 1995 to 2002, and extending the date
required for connection to County water from 1995 to 2002.
12. March 23, 1992: On March 23, 1992, Utilities advised the
County Attorney, by memo, of lack of action by CT*W toward
connection and payment of monthly base facility fees.
13. May 20, 1992: On May 20, 1992, the County received a copy
of the FDER Permit to CMIM for construction of the
facilities required to connect (copy attached).
53
BOOK 89
JUL - 61993
JUL - P ?R11
U -1
BOOK 89 VnE1011
14. June 22, 1992: On J�ne 22, 1992, Utilities advised the
County Attorney, by memo (copy attached), of the May 21,
1992, meeting between Utilities and Realcor,, at which
Realcor advised of their receipt of the FDER Permit for
construction and that they had received bids for the
construction of the project and would submit the low bid
to County f or review and approval. As of the June 22,
1992 date, after repeated calls to Realcor, no further
action toward connection had occurred. utilities
recommended proceeding with legal action at the County
Attorney's convenience to force connection.
15. June 24 & 26, 1992: On June 24 and 26, 1992, Utilities
advised the County Attorney and County Administrator, by
memo,, of correspondence received from Samuel Block
concerning Countryside wastewater billing (copy attached).
16. December 22, 1992: On December 22, 1992, the Department
received a copy of the response by FDER in regard to the
renewal of the operating permit for -the Countryside
wastewater treatment plant (copy attached). The response
stated, "The Department has determined that this -facility
A
17.
ANALYSIS:
Protection Act (Chapter 90-262, Laws of Florida), it will
be necessaMI to abandon this facility and connect to the
regional centralized -sewer system."
January 19, 19931: A Public Discussion was held at the
January 19, 1993 . , BCC meeting,, at the request of CMHP,,
requesting a delay in connection to the County wastewater
system. The staff agenda item set forth the above events
and outlined the base facility charges billed to that date
and recommended the County Attorney be authorized to take
the necessary action to comply with the resolutions and
agreements and collection of any and all charges due.
After an analysis of information presented at the hearing,
the BCC passed the following motion, "Motion was made by
commissioner Adams. seconded by Commission Macht, to
authorize the County Attorney to pursue immediately all
necessaME actions necessary to: (a) recruire . CMHP
Wastewater System and (b) Collection of any and all
charges due, as recommended by staff."
The June 5, 1985,,
--agreement between IRC and Realcor, Section 3,
-Lue Roin-c or connection determined by the county." The Department
evaluated the point of connection requested by CMHP (Route 60) and
determined that the best point of connection for the overall system
was on 82nd Avenue, and advised CMHP. The system design was
completed by the Developer in July 1990, with the point of
connection on 82nd Avenue. On January 21,, 1992, the BCC approved a
modification to the June 5, 1985, agreement between IRC and CMHP.
The modification extended the final payment of all wastewater impact
fees from 1995 to 2002 and an extension of the requirement to
connect to County water from 1995 to 2002 and approving the use of
approximately $150,,000 in contributed funds from Florida Atlantic
(the previous owner) toward the cost of connecting CMHP to the
County wastewater system. Realcor did not initiate its DER
application for a Construction Permit until March, 1992. The
Construction Permit was issued by DER in May, 1992.
54
With the County committed to provide the capacity required, the
Dep�Lrtment began billing Realcor for base facility fees starting
June 13 - July 13, 1990, sixty (60) days after the original notice
to connect was given on April 12,, 1990. The current balance due
through the July 1,, 1993, billing is $244,202.05.
Realcor states on several occasions that this delay was due to the
required connection point on 82nd Avenue. The staff feels that it
is obvious from review of the events that Realcor used any reason
for delay of the connection. This is evident from the chronology of
events that even after the County's agreement in January, 1992 to
fund the connection that Realcor allowed $169,689.46 to accumulate
after that date.
RECO14KMMAT-ION:
The Department of Utility Services recommends required payment in
full of the base facility fees due of $244,202.05 as of July 1,
1993.
Commissioner Macht recalled that this analysis was done at the
request of the Board to determine whether there was any validity to
Realcor's claim.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) approved staff Is
recommendation to require payment in full of
$244,202.05 in base facility fees due as of July 1,
1993.
Chairman Bird asked where we go from here, And Attorney
Vitunac advised that we send them a bill and if they don't pay it,
we will sue them in court.
RESOLUTION APPOINTING MEMBERS OF THE VALUE ADJUSTMENT BOARD AND
PROVIDING FOR PER DIEM COMPENSATION
The Board reviewed the following memo dated 6/29/93:
TO: - The Board of County Commissioners
FROM: William G. Collins H - Deputy County Attorney
DATE: June 29, 1993
SUBJECT: Resolution Appointing Value Adjustment Board Members and
Providing for Per Diem Compensation for Value Adjustment
Board Members
Pursuant to Chapter 194, Florida Statutes, the Board is advised to:
1. Appoint by Resolution three members of the Board to serve on the
Value Adjustment Board for 1993, with the two remaining members
designated as alternates.
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1993 U. 101
J U L - 65 19,93
BOOK 89 �',�GE1013 I
2. Provide by resolution for per them compensation to the Value
Adjustment Board members. -The amount of such compensation is
established by statute If both the County Commission and School Board
elect to allow such compensation. The School Board has made such an
election. Two-fifths, of the expenses are borne by the School Board
and three-fifths by the County Commission. An appropriate resolution
is attached for your approval.
RECOMMENDATION:
1. Appoint Board members and alternates
2. Approve the attached Resolution.
3. Suggest available dates for organizational meeting with School Board.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) appointed
Commissioners Eggert, Adams and Tippin to the 1993
Value Adjustment Board with Commissioners Bird and
Macht as alternates.
Property Appraiser David Nolte anticipated an inordinate
amount of assessment appeals this year because of the passage of
Amendment #10 last October which puts an annual cap of 3% on
assessment increases and is effective next year.
The Board agreed that the best dates to hold the
organizational meeting would be either Wednesday, August 4 or
August 5 at 9:00 a.m. in the First Floor Conference Room of the
County Administration Building. (Note: Meeting was scheduled for
August 5.)
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Tippin being absent) adopted Resolution
93-113, appointing the 1993 Value Adjustment. Board
members, and providing for statutory per them
compensation.
56
RESOLUTION NO. 93- 113
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
APPOINTING THE 1993 VALUE ADJUSTMENT BOARD
MEMBERS, AND PROVIDING FOR STATUTORY PER DIEM
COMPENSATION.
WHEREAS* the Board of County Commissioners is required to
appoint three members to the Value Adjustment Board by Florida Statutes,
Section 194.015; and
WHEREAS9 the School Board of Indian River County has appointed
its membership to the Board with allowance of per diem compensation for
such members in accordance with Florida Statutes, Section 194.015 (1991);
and
WHEREAS, the cited statute requires a specific election from both
the County Commission and the School Board in order to allow such
compensation,
- NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
1. The foregoing recitals are hereby ratified and acknowledged;
2. Commissioners Carolyn K. Eggert, Fran- B. Adams, and
John W. Tippin are appointed to the 1993 Value Adjustment Board with
Commissioners Richard N. Bird and Kenneth R. Macht as alternates; and
3. The above-nnmed members of the 1993 Value Adjustment
Board, or their duly authorized replacement, may receive per them
compensation for services provided on the board as allowed by law for State
employees, pursuant to the above cited statute.
The foregoing resolution was offered . by Commissioner
Kenneth' R. Macht who moved Its adoption. The motion was seconded by
Commissioner Carolyn K. Eggert and, upon being put to a vote, the vote
was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Absent
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared Resolution No. 93-113 duly
passed and adopted this 6th day of July, 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Riellard N. Bird, Chbirman
ATTEST:
JeTf W:7on
57
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JUL - �3 BOOK 8 9 �mu' E 10 1
AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL
commissioner Adams requested authorization for out -of -county
travel to attend several meetings in Tallahassee on July 7, 8, and
9 pertaining to fast -tracking the beach preservation project.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin being absent) authorized out -of -
county travel for Commissioner Adams to attend
meetings in Tallahassee on July 7, 8, and 9.
EMERGENCY SERVICES DISTRICT MEETING
Chairman Bird announced that immediately upon adjournment, the
Board would reconvene sitting as.the Board of Commissioners of the
Emergency Services District Meeting. Those Minutes are being
prepared separately.
SOLID WASTE DISPOSAL DISTRICT MEETING
Chairman Bird announced that immediately upon adjournment of
the ESD meeting, the Board will reconvene sitting as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
There being no further businessi on Motion duly made, seconded
and carried, the Board adjourned at 11:28 a.m.
ATTEST:
�Y-
J.'�. Barton, Clerk
58
Richard N. Bird, Chairman