HomeMy WebLinkAbout11/9/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, NOVEMBER 9, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman ( Dist. 4)
Fran B. Adams ( Dist. 1)
Carolyn K. Eggert (Dist. -2)
Kenneth R. Macht (Dist. 3)
9:00 A. M. 1. CALL TO ORDER
2. INVOCATION - None
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
12. Final Legislative Delegation List
13.D. Discussion of Intergovernmental
Committee
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of October 5, 1993
B. Regular Meeting of October 12, 1993 -
7. CONSENT AGENDA
A. Received and on File in Office of Clerk
to the Board:
Constitutional Officers Financial Reports for
Year Ending Sept. 30, 1993 from:
Jeffrey K. Barton, Clerk of Circuit Court
Ann Robinson, Supervisor of Elections
Karl Zimmerman, Tax Collector
David Nolte, Property Appraiser
Gary C. Wheeler, Sheriff
Report of Convictions, Month of October, 1993
B. Request for Administrative Leave Day
( memorandum dated November 2, 1993 )
C. . Ratify Appointment of Carolyn Corum to Treasure
Coast Regional Planning Council
( memorandum dated November 1, 1993 )
BOOK Fair 942
NOV - 9 X 93
NOV - 91993 SOCK 99 rn-943
7. CONSENT AGENDA (cont'd.):
D. Acceptance of Child Safety Seat Program Grant
( memorandum dated November 3, 1993 )
E. Release of County Assessment Liens
( memoranda dated November 2, 1993 )
F. Release of County Assessment Liens
( memoranda dated October 28, 1993 )
G. Release of Easement Request By: Eddie King, Jr.
E Barbara King / Kings Music Lands S/D
( memorandum dated October 29, 1993 )
H. Release of Easement Request By: Robt. A. Berry,
Sr., for Lots 1 8 3, Blk. 17, Tropical Village
Estates, Unit 2
( memorandum dated November 1, 1993 )
I. Request for Floodplain Cut and Fill Balance
Waiver for Lot 3, Block 9, Vero Lake Estates,
Unit No. 1
( memorandum dated October 29, 1993 )
J. Cancellation of Outstanding Taxes
( memorandum dated October 28, 1993 )
K. Sale of Surplus Real Property
( memorandum dated November 1, 1993 )
L. IRC Jail Boiler Failures - B.A. 004
( memorandum dated November 1, 1993 )
M. 43rd Ave. Bridge Replacement over IRFWCD Main
Relief Canal - Williams, Hatfield 8 Stoner, Inc.
First Amendment to Professional Services Agree.
( memorandum dated November 3, 1993 )
N. Purchase of GDU System
( memorandum dated November 3, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. William Van Zonneveld's Request to Rezone
Approx. 3 Acres from A-1 to RS -3
( memorandum dated October 19, 1993 )
2. Cable Ordinance for Regulation of Basic
Service Tier Rates for TCI Cablevision
and Falcon Cable
( memorandum dated October 28, 1993 )
3. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE AUTHORITY OF
THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE TO RELEASE SIDE LOT EASE-
MENTS IN CERTAIN CIRCUMSTANCES
( memorandum dated October 27, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Condemnation, Demolition and Removal of Unsafe
Structures: 4345 (A) 30th Ave. - Duplex
4345 (B) 30th Ave.
( memorandum dated October 28, 1993 )
B. - EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Health Benefit Program Contracts
( memorandum dated November 3, 1993 )
G. PUBLIC WORKS
1. Cooperator Agreement between I.R.C. and
Florida Game 6 Fresh Water Fish Commission -
Blue Cypress Boat Ramp
( memorandum dated November 1, 1993 )
2. Final Payment to Coastal Tech. Corp. for
the V.B. Nearshore Hardbottom Mapping,
Biological Assessment & Beach Restoration
Alternative Assessments Report
( memorandum dated November 2, 1993 )
3. Acceptance of 66th Ave. R -O -W Dedication
& Paving/Drainage Improvements
( memorandum dated November 2, 1993 )
4. So. Beach Recreation Path Final Assessment
( memorandum dated November 1, 1993 )
H. UTILITIES
1. Water Expansion Plan Phases IV, V, and Vi
( memorandum dated November 1, 1993 )
2. Force Main Project, Solid Waste Disposal
District, Work Authorization No. 16 /
Change Order No. 1 E Final Pay Request
( memorandum dated October 27, 1993 )
12. COUNTY ATTORNEY
None
M
� NOV,
- 91993 BOOK 90 FXu 944
INOV _.
91993
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
Interim Services Fee
( memorandum dated October 28, 1993 )
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
BOOK
90
FAGS 945
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, November 9, 1993
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, November 9,
1993, at 9:00 a.m. Present were Richard N. Bird, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Diane
Albin, Deputy Clerk.
The Chairman called the meeting to order.
Commissioner Macht led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Attorney Vitunac requested the addition of Item 12, Final
Legislative Delegation List.
Commissioner Eggert requested the addition of Item 13.D.,
Discussion of Intergovernmental Committee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously added the
above items to the Agenda.
PROCLAMATIONS AND PRESENTATIONS
General Services Director Sonny Dean introduced Dan Culvert.,
the new agricultural extension director, who came to the County
from West Palm Beach. Mr. Culvert stated that he was glad to have
this opportunity to work with agricultural interests and plans to
meet with the Commissioners in the near future.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of October 5, 1993. There
were none.
NOV - 91993 . BooK 90 PnF 946
RO V 91993
BOOK 90 PAGE 947 -1
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Minutes of the Regular Meeting of October 5,
1993, as written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of October 12, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Minutes of the Regular Meeting of October 12,
1993, as written.
CONSENT AGENDA
Commissioner Eggert requested the removal of Item 7.D. for
discussion.
Commissioner Adams
discussion.
Commissioner Macht
discussion.
requested the removal of Item 7.L. for
requested the removal of Item 7.M. for
A. Reports:
The following were received and placed on file in the office
of the Clerk to the Board:
Financial Reports of Constitutional Officers for Year Ending
September 30, 1993 from Jeffrey K. Barton, Clerk of Circuit
Court; Ann Robinson, Supervisor of Elections; Karl Zimmermann,
Tax Collector; David Nolte, Property Appraiser; and Gary C.
Wheeler, Sheriff.
Report of Convictions, Month of October, 1993
B. Reauest for Administrative Leave Day
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
Alice E. White to take administrative leave on
November 12, 1993.
C. Appointment of Carolyn Corum to Treasure Coast Regional
Planning Council
The Board reviewed the following letter from the City of
Sebastian dated November 1, 1993:
2
November 1, 1993
The Honorable Richard Bird
Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
RE: Alternate Municipal Member - Treasure Coast Regional
Planning Council
Dear Chairman Bird:
Councilmember Carolyn Corum volunteered to serve as the alternate
municipal member on the Treasure Coast Regional Planning Council.
Please send any information she will need to this address.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously ratified
the appointment of Sebastian Councilmember Carolyn
Corum as alternate municipal member on the Treasure
Coast Regional Planning Council.
D. Acceptance of Child Safety Seat Program Grant
The Board reviewed the following memo dated November 3, 1993:
November 3, 1993
TO: BOARD OF COUNTY COMMISSION
FROM: Alice E. White
Executive Aide
We have been awarded the Child Safety Seat Program Grant we
applied for in the amount of $39,000.00. Chairman Bird signed
the Certification of Acceptance on November 3, 1993.
3
BOOK 90 FnF.948
NOV - 91993°
'NOV '-9 1993
BOOK 90 FA,F 949
Commissioner Eggert reminded staff and the Commissioners that
we must be very careful about signing grant documents, including
renewals of on-going grants, before the Board has had an
opportunity to discuss them and make decisions.
Administrator Chandler explained that there was no cost or
obligation on the part of the County in this grant.
Commissioner Eggert stressed that she was not concerned about
this particular grant but just wanted to point that out. She asked
staff to be aware of due dates on all grants and present them to
a
the Board for approval early enough to avoid the necessity for pre -
signing the grant documents.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Certificate of Acceptance of the Child Safety
Seat Program Grant in the Amount of $39,000.00.
E. Release of County Assessment Liens
The Board reviewed the following memo dated November 2, 1993:
TO: The Board of County .Commissioners
FROM: Nancy H. Mossali, Legal Assistant - County Attorney's Office
DATE: November 2, 1993
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8226 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8226
(paving and drainage improvements to 87th Street in Vero Lake Estates from
102nd Avenue to C.R. 510) to release paid assessment liens* from the below
listed properties:
° 27-31-38-00002-0010-00028.0 (Lot 28, Block A, Unit C)
° 27-31-38-00004-0060-00005.0 (Lots 5 & 7, Block F, Unit A)
° 27-31-38-00005-0070-00007.0 (Lot 7, Block G, Unit A)
° 27-31-38-00006-0160-00007.0 (Lot 7, Block P, Unit B)
° 28-31-38-00006-0050-00016.0 (Lot 16, Block E, Unit I)
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's Office.
* Properties herein being released from Project No. 8226 are fully described
in the assessment roll attached to Resolution No. 89-71 recorded at O.R.
Book 836, Page 1241, Public Records of Indian River County, Florida.
4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the releases of liens as listed above.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
F. Release of County Assessment Liens
The Board reviewed the following memo dated October 28, 1993:
TO: The Board of County Commissioners
FROM: _y , 6---- Nancy H. Mossali, Legal Assistant - County Attorney's Office
DATE: October 28, 1993
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8926 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8926
(paving and drainage improvements to 33rd Avenue, S.W. Between 13th
Street, S.W. and 15th Street, S.W. in Grovenor Estates Subdivision) to
release paid assessment liens* from the below listed properties:
° Lot
16,
Block 29,
Grovenor Estates Subdivision,
Unit 2-A
° Lot
8,
Block 28,
Grovenor Estates Subdivision,
Unit- 2-A
° Lot
6,
Block 38,
Grovenor Estates Subdivision,
Unit 2-A
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's office.
* Properties herein being released from Project No. 8926 are fully described
in the assessment roll attached to Resolution No. 92-101 recorded at O.R.
Book 943, Page 1455, Public Records of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the releases of liens as listed above.
SAID RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
5
�OGK 90 FAE 950
NOV - 91993
3 BOOK 9® FAGS 95
NOV - 9199 1
G. Release of Easement - Eddie King Jr and Barbara King - King's
Music Lands Subdivision
The Board reviewed the following memo dated October 29, 1993:
- TO:
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. K a i , AI
Community Develo men irector
THROUGH:
Roland M. DeBlois,iKICP
Chief, Environmental Planning
Code Enforcement
FROM:
Charles W. Heath C.Wp,
Code Enforcement Officer
DATE:
October 29, 1993
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Eddie King, Jr. & Barbara King
Kings Music Lands Subdivision, Lots 22 & 23 Block 1
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 09, 1993.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Eddie King, Jr., and Barbara
King, his wife, owners of the subject property, for the release of
the common three (3) foot side lot utility and drainage easements
of Lots 22 & 23, Block 1, Kings Music Lands Subdivision. It is the
petitioners' intention to construct a single-family residence on
the subject property.
The current zoning classification of the subject property is RS -6,
Single -Family Residential District. The Land Use Designation is L-
2, allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
�•- Florida Power & Light Corporation, T.C.I. Cable Corporation, the
Indian River County Utilities Department and the Road & Bridge and
Engineering Divisions. Based upon their reviews, it is staff's
position that the easement release would have no adverse impact to
utilities being supplied to the subject property.
RECOMMENDATION:
Staff recommends that the Board, through the adoption of a
resolution, release the common three (3) foot side lot utility
easements of Lots 22 & 23, Block 1, Kings Music Lands Subdivision,
being the northerly three (3) feet of Lot 22, and the southerly
three (3) feet of Lot 23, according to the plat thereof as recorded
in Plat Book 6, Page 17, of the Public Records of Indian River
County, Florida.
and
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-191, Releasing Easements in Kings
Music Lands Subdivision, Lots 22 and 23, Block 1, as
recommended by staff.
RESOLUTION NO. 93-191
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
RELEASING EASEMENTS IN KINGS MUSIC LANDS
SUBDIVISION, LOTS 22 & 23,• BLOCK 1, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
17 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.
WHEREAS, Indian River County has easements as described below,
WHEREAS, the retention of those easements serves no public
purpose,
NOW, THEREFORE, BE IT RESOLVED by the: Board of.County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
a political subdivision of the State of Florida, whose mailing
address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to
Eddie King, Jr. & Barbara King, his wife, successors in:interest,
heirs and assigns, whose mailing address is P.O. Box 2641, Vero
Beach, Florida 32961-2641, Grantee, as follows:
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
the common three (3) foot side lot utility and drainage
easements of Lots 22 & 23, Block 1, Kings Music Lands
Subdivision, being the northerly three (3) feet of Lot
22, and the southerly three (3) feet of Lot 23, according
to the plat thereof as recorded in Plat Book 6, Page 17,
of the Public Records of Indian River County, Florida.
Tax Parcel Control Number: 17-32-39-00002-0010-00022.0
THIS RESOLUTION was moved for adoption by Commissioner
Eggert , seconded by Commissioner Adams ,
and adopted on the 9 day of November 1993, by the
following vote:
Commissioner Richard N. Bird Ave
Commissioner John W. Tippin ,Ave
Commissioner Carolyn K. Eggert Ave
Commissioner Kenneth R. Macht Ave
Commissioner Fran B. Adams Ave
7
Nry Booty 90 Ft 952
' a
OV - 91993
NOV ®91993
BOOK 90 u ;F 953
RESOLUTION NO. .93 -19 L
The Chairman declared the resolution duly passed and adopted
this 9 day of November
E
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
, 1993.
BOARD OF COUNTY, COMMISSIONERS
OF INDI RIVER UNTY, FL RIDA
By
Richard N. Bird
a � .
Attested By�. -
Jeffrey K. -- Ba'rt9^
Clerk�,;�/
I HEREBY CERTIFY, that on this. day, before me, an officer duly
authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Richard N. Bird and Jeffrey
K. Barton well know to me to be the Chairman of the Board of County
Commissioners and Clerk, respectively, of Indian River County, a
political subdivision of the State of Florida, and they
acknowledged executing the same.
WITNESS myh nd and offici 1 seal in the County and State last
aforesaid this /day of 114-1,14^161(1— , 1993.
Q:+� t Ceti
Notary ubl c
PAn= BMW HELD
A*wX IN?
IOtD®111U 1IgY Rill �6tBAMR, MD.
H. Release of Easement Request - Robert A Berry Sr - Tropical
Village Estates
The Board reviewed the following memo dated November 1, 1993:
8
TO: James E. Chandler
County Administrator
DEP TMENT HEAD CONCURRENCE:
e�-
lerit M. Keating, AtcP
Community Development Di ctor
THROUGH: Roland M. DeBlois,"MCP
Chief, Environmental Planning
& Code Enforcement
FROM: Charles W. Heathakid
Code Enforcement Officer
DATE: November 1, 1993
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Robert A. Berry, Sr., for
Lots 1 & 3, Block 17, Tropical Village Estates Unit 2
It requested that data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 09, 1993.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Robert A. Berry, Sr. and Brenda
L. Berry, his wife, owners of the subject property, for the release
of the common three (3) foot side lot utility and drainage
easements of Lots 1 and 3, Block 17, Tropical Village Estates
Subdivision, Unit No. 2. It is the petitioners' intention to
construct a single-family residence on the combined lots.
The current zoning classification of the subject property is RS -6,
Single -Family Residential District. The Land Use Designation is L-
2, allowing up to six (6) units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell Telephone Company,
Florida Power and Light Corporation, Falcon Cable Corporation, the
Indian River County Utilities Department and the Road & Bridge and
Engineering Divisions. Based upon their reviews, .it is staff's
position that the easement release would have no adverse impact to
utilities being supplied to the subject property.
RECOMMENDATION:
Staff recommends that the Board, through the adoption of a
resolution, release the common three (3) foot side lot drainage and
utility easements of Lots 1 & 3, Block 17, Tropical Village Estates
Subdivision Unit No. 2, being the southerly three (3) feet of Lot
1, and the northerly three (3) feet of Lot 3, according to the Plat
thereof as recorded in Plat Book 5, Page 65, of the Public Records
of Indian River County.
�fl
LNO
V - 91 93 Boa 9Q FAGF954
FF'_'N0V - 91993
and
BOOK - 90 F -AGE 955
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-192, abandoning certain easements in
Tropical Village Estates Subdivision, Unit 2, Lots 1
and 3, Block 17, as recommended by staff.
RESOLUTION NO. 91-192
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ABANDONING
CERTAIN EASEMENTS IN TROPICAL VILLAGE ESTATES
SUBDIVISION, UNIT NO. 2, LOTS 1 & 3,. BLOCK 17, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 65
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
WHEREAS, Indian River County has easements as described below,
WHEREAS, the retention of those easements serves no public
purpose,
NOW, THEREFORE, BE RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian River County,
a political subdivision of the State of Florida, whose mailing
address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to
Robert A. Berry, Sr. & Brenda L. Berry, his wife, successors in
interest, heirs and assigns, whose mailing address is Post Office
Box 867, Fell,smere, Florida 32948, Grantee, as follow:
Indian River County does hereby abandon all right, title, and
interest that ft may have in the following described easements:
the common three (3) foot side lot utility and drainage
easements of Lots 1 & 3, Block 17, Tropical Village Estates
Subdivision Unit 2, being the southerly three (3) feet of Lot
1, and the northerly three (3) feet of Lot 31 according to the
plat thereof as recorded in Plat Book 5, Page 65, of the
Public Records of Indian River County, Florida.
Tax Parcel Number: 00-31-37-00008-0170-00001.0
THIS RESOLUTION, was moved for adopted by Commissioner
Eggert , seconded by Commissioner Adams , and
adopted on -the 9 day of November , 1993, by following vote:
Commissioner
Richard
N. Bird
Axe—
Commissioner
John W.
Tippin
aXB—
Commissioner
Carolyn
K. Eggert
Ay -e!
Commissioner
Kenneth
R. Macht
AY9--
Commissioner
Fran B.
Adams
AY -
10
RESOLUTION NO. 93_192
The Chairman declared the resolution duly passed and adopted
this 9 day of 'November J
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
, 1993.
BOARD OF COUNTY, COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By J9Z
Richard N. Bird
Cha �tt!n
t�
Attested By
Jeffrey K. Barton
Clerk/
r
I HEREBY CERTIFY, that on this day, before me, and officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared Richard N. Bird and Jeffrey
K. Barton well know to me to be the Chairman of the Board of County
Commissioners and Clerk, respectively, of Indian River County, a
political subdivision of the State of Florida, and they
acknowledged executing the same.
WITNESS my hand and officig¢l seal in the County and State last
aforesaid thislOkday of P,&V ✓ , 1993.
4V(�
Nota Pu is
PATROA MADD HEA
Augud U. in?
o RM TW FA POUPA M
I. Floodplain Cut and Fill Balance Waiver - Lot 3, Block 9 Vero
Lake Estates, Unit 1
The Board reviewed the following memo dated October 29, 1993:
11
Boa 90 pm])F956
_
� NOV 9,199,31
NOV - 91993 BOOK 90 FACF 957
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.EL�
Public Works Director
and
Roger D. Cain, P
County Engineer
FROM: David B. Cox, P.E.45r-
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 3, Block 9, Vero Lake
Estates, Unit No. 1
REFERENCE: Project No. 93100049
DATE: October 29, 1993 CONSENT AGENDA
John Lloyd Builders, Inc. has submitted a building permit application for a single family residence
on the subject property. The site is located in an AE special flood hazard zone, base flood elevation
21 A ft. N.G.V.D. In the attached letter from the applicant's engineer signed and sealed on October
21, 1993, a waiver of the cut and fill balance requirement is requested. The lot area is 1.06 acres.
The volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 496
cubic yards.
The waiver request has been reviewed by staff and appears to meet the criteria of Section
930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in
the Vero Lake Estates Municipal Services Taxing Unit.
Alternative No. 1 - Grant the cut and fill balance waiver based on the criteria of Section
930.07(2xd)4.
Alternative No. 2 - Deny the cut and fill waiver. Require an on site retention area be provided to
compensate for the proposed floodplain displacement.
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously granted
the cut and fill balance waiver for Lot 3, Block 9,
Vero Lake Estates Unit I, as recommended by staff.
12
Q,
J. Cancellation of Outstanding Taxes on Property Purchased for
County Use
The Board reviewed the following memo dated October 28, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
AJC, 02• V4�
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles.P. Vitunac, County Attorney
DATE: October 28, 1993
RE: CANCELLATION OF OUTSTANDING TAKES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some rights-of-way, and, pursuant to
Section 196.28, Florida Statutes, the Board of County Commissioners is
allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purposes. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolutions 93-193, 93-194, 93-195, and 93-196,
Cancelling Certain Delinquent Taxes on Publicly -
Owned Lands, as recommended by staff.
13
NOW 90 PAGE 958
L_NCV;' - 91993
NOV -91993
Re= R/W - Oslo Road & Dixie Hway.
Parcel #101
HELSETH at al.
RESOLUTION NO. 93-19
BOOK 90 FAGS 959
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
_ CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 991, Page 251 which was recently acquired by Indian River County
for. right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
• Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 9 day of November , 1993.
Att9Et: .
Jef. rey Barton, clerk
�y-' X44/v- dlh^ ,�e
14
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
'Richard N. Bird
Chairman
M
Re: R/W - Oslo Road & Dixie Hway.
Parcel #102
HELSETH at al.
RESOLUTION NO. 93-1qA
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of -the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 991, Page 253 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Adams . and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 9 day of November , 1993.
Attest:
�frey R Barton, lerk
0 I
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
BOOK 9®
66L Nov- 91993
rNOV - 91993
BOOK 90 FACE 961
Re: R/W - Oslo Road & Dixie Hway.
Parcel 1119
HELSETH et al.
RESOLUTION NO. 93- 19
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to•which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 991, Page 255 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
` pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 9 day of November , 1993.
Attest:
Jeffrey Parton,
Y -
W
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By e.��
Richard N. Bird
Chairman
Res R/W - Oslo Road & Dixie Hway.
Parcel #105 - MYERS
RESOLUTION NO. 93-1 9F,
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its -minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 993,. Page 1630 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
' pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner F 99prt ,
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 9 day of November , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attests
�f
BY 010
'
_ Richard N. Bird
Jeffrey Barton, Clerk Chairman
r'
17
BOOK 90 FA,ur 962
L NIOV - 91993
r NOV - 91993
BOOK , 9® PAGE 963 -1
K. Sale of Surplus Real Property
The Board reviewed the following memo dated November 1, 1993:
DATE: NOVEMBER 1, 1993
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SER ES
SUBJECT: SALE OF SURPLUS REAL PROPERTY
BACKGROUND:
In September of this year, the Board approved staff's recommendation
to advertise and take bids on the sale of a 70' x 125' lot on High
Street in Sebastian Grove Estates.
On October 27, 1993, two bids were received after proper
advertisement. The bids were as follows:
Frank J. DeJoia $ 91300.00
Carmine C. Libertino $12,200.00
ANALYSIS:
This property is currently assessed by the Property Appraiser at
$18,590.00 with the same exemption and zoned CH. It was acquired in
1972 through a tax foreclosure with a value at that time of
$1,370.00.
RECOMMENDATIONS:
Since the County has no need for the property and it has not been on
the tax roll for over twenty years, staff recommends Board approval
to award the sale of the subject property to Carmine C. Libertino at
a price of $12,200.00. It is also requested the Chairman be
authorized to execute the appropriate documents to effect this sale.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the sale of a 701 x 125' lot on High Street in
Sebastian Grove Estates to.Carmine C. Libertino at a
price of $12,200.00, as recommended by staff.
COPY OF DEED IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
18
M M
L. Jail Boiler Failures - Budget Amendment 004
The Board reviewed the following memo dated November 1, 1993:
TO: Board of County Commissioners
THRU: H.T. "Sonny" Dean, Director
Department of General Services
FROM: Lynn Williams, Supt.
Superintendent of Buildings & Ground
DATE: November 1, 1993
SUBJECT: Indian River County Jail Boiler Failures
Budget Amendment 004
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
Over the last two (2) weeks, we have experienced two (2)
unexpected boiler failures at the Indian River County Jail. The
heat exchanger on the hot water boiler serving Phase II of the Jail
failed and cannot be repaired. A replacement heat exchanger was
ordered at a cost not to exceed five thousand dollars ($5,000.00).
The contractor performing the repairs has recommended that the heat
exchanger also be replaced on a second boiler in Phase II. The
cost would be additional five thousand dollars ($5,000.00).
The second failure was the boiler of the convection steamer in
the Jail kitchen (ruptured and cannot be repaired). In this case,
the expense of component replacement (four thousand dollars)
exceeds the value of the equipment. Cost for replacement of the
steamer has been identified at five thousand seven hundred dollars
($5,700.00).
ALTERNATIVES AND ANALYSIS:
Buildings & Grounds Division budgeted twenty eight thousand
dollars ($28,000.00) system wide for maintenance of other
equipment. The repairs and replacement outlined about consume over
fifty percent (50%) of the years funding.
Alternative I - Repair the hot boiler and convection steamer
by major component replacement at a cost of nine thousand dollars
($9,000.00). Repair second hot water boiler upon failure.
Alternative II - Repair both water boilers (replacement heat
exchangers). Replace convection steamer with new equipment. Total
cost fifteen thousand seven hundred dollars ($1.5,700.00).
RECOMMENDATION AND FUNDING:
Staff recommend Alternative II as the most practical option
with the funding to be from General Fund Contingencies Account.
Commissioner Adams asked whether we could postpone purchasing
the second boiler, which is still working. She asked what the
normal life expectancy is for these boilers.
19
NOV - 91993
Boas 9 F.� F 964
r993
NOVOV - 9 BOOK 90 FIAGE 965
General Services Director Sonny Dean explained that the second
boiler is in poor condition and should be replaced. He commented
that staff is researching ways to prolong the life of this
equipment, because the average life expectancy of this type of
equipment is about 10 years whereas the jail boilers have lasted
only about 5 years.
Administrator Chandler commented that calcium in the water
corrodes the boilers. If we purchased a water conditioning system
it would eliminate the calcium problem, but the cost of purchasing
and maintaining a water conditioning system might be prohibitive.
He advised the Board that these boilers will be replaced with
boilers similar to those in Phase I of the Jail, which are still
functioning after about 8 years.
Chairman Bird asked if there was a maintenance program
available for descaling the boilers.
Director Dean responded that staff has contacted Brevard
Boiler about contracting for such a program.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the repair of 2 water boilers and
replacement of the convection steamer at the Jail
for a total cost of $15,700.00, and approved Budget
Amendment 004, as recommended by staff.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
BUDGET AMENDMENT: 004
DATE: November 3. 1993
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
GENERAL FUND
Reserve for Contingencies
001-199-581-099.91
$0
$15,700
GENERAL FUND/Building & Grounds
Maintenance - Other Equipment
001-220-519-034.69
$15,700
$0
20
M. 43rd Avenue Bridge Replacement over Indian River Farms Water
Control District Main Relief Canal - 1st Amendment to Professional
Services Agreement with Williams. Hatfield & Stone
The Board reviewed the following memo dated November 3, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E. u f
County Engineer
f, SUBJECT: Ord Avenue Bridge Replacement over IRFWCD Main Relief Canal - Williams,
Hatfield & Stoner, Inc. First Amendment to Professional Services Agreement
DATE: November 3, 1993 CONSENT A .END
Williams, Hatfield & Stoner, Inc., the Engineer for the Ord Avenue Bridge Replacement is
requesting additional services in the amount of $2,747.50, for revisions to the plans done as a result
of misinterpretation of field notes and unfortunately not discovered until the preliminary plans had
been prepared. The misinterpretation resulted in the survey plan depicting a narrower channel than
actually exists. The county furnished the engineer the survey and should accept responsibility for
the additional services. The revisions were to check the earthwork computations and the length and
design of the beams and to revise the plans to reflect the actual cross sections of the Indian River
Farms Canal at the bridge site. Staff also requested. additional construction services under the
contract terms which were to review test pile reports and recommend production pile lengths. The
amount requested for this project has been reviewed by staff and staff is of the opinion that the time
and amount is reasonable and in accord with Section III A 5. of the contract.
The current contract amount with Williams, Hatfield & Stoner, Inc. is $71,400.00 and with the
addition of the additional services makes the new contract amount $74,147.50.
Alternative No. 1 - Approve the additional services with Williams, Hatfield & Stoner, Inc. in the
amount of $2,74750.
Alternative No. 2 - Not approve the additional services with Williams, Hatfield & Stoner, Inc.
Staff recommends Alternative No 1 and that the Chairman of the Board be directed to execute on
behalf of the Board the First Amendment to Professional Engineering Services AgreemeaL
Funding to be from Account No. 111-214-541-06631, Transportation Fund, Road & Bridges.
21
NOV'- 91993
BOOK 90 N� GF 966
NOV -,91993
BOOK 90 PAGE 967
Commissioner Macht asked for a brief explanation of how this
happened, and Public Works Director Jim Davis explained that a new
computer program is being used and a misinterpretation occurred
when the surveying crew's field notes were transcribed. Director
Davis advised that this is the first time this happened in 13
years, and staff has now initiated a process whereby an additional
person checks the notes.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the 1st Amendment to the Professional Engineering
Services Agreement with Williams, Hatfield & Stoner,
Inc., authorizing additional services for a total
cost of $2,747.50, as recommended by staff.
1ST AMENDMENT TO AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
N. Purchase of GDU System
The Board reviewed the following memo dated November 3, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: November 3, 1993
RE: PURCHASE OF GDU SYSTEM
In connection with the purchase by the County of the GDU utility system
the County obtained the right to drain storm water from the newly
acquired County land onto land which is being acquired by Indian River
Country Club, Ltd. for its new golf course development.
The attached easement agreement grants the County the right to drain
County land into the golf course lake under certain terms and
conditions, and the County staff recommends that the Board accept the
easement, execute it as grantee, and return it to Indian River Country
Club, Ltd. for recording.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
easement agreement with Indian River Country Club,
Ltd., as set forth in the above staff
recommendation.
22
EASEMENT AGREEMENT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
PUBLIC HEARING - REQUEST OF WILLIAM VAN ZONNEVELD TO REZONE
APPROXIMATELY 3 ACRES FROM A-1 TO RS -3
The hour' of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
r^ at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a t
In the matter of�lti%Zii2��'�
in the Court, was pub -
/j' � 1
lished in said newspaper in the issues of C "L°Z/►- i �?� �l/C
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in'the said newspaper.
1 1111se A
Svto'A acribe efore°tne thi day of I A. D. 19
• L
M (Business Man-
My ` �7►0a : 171'sw A•„i/ a�.. J. •f a 1'..r !Rt /'_ !
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h•••.ar.n••^,�' Stab of Florida My Commissiun kap. June 2G,1907
Convnission Number; OC300572
NOTICE — PUBLIC HEAR NO
Notice of hear6rg oto c the adoptIm of a
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. hm w�h pwNs opixxIn ht�t arc
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be held by the Board of Cmmttyy Cmridssibnem mot,
Wan
Stan Rfm �N.�FbMda, in the Cohmty Corrhrrds.
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b8. baled 811040 25th Street, VACapty �e tre Beacac Budd
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T� of 9 19l tat 9 Q59 0.5 em.
Mother Z�9 dlatdct, ctther than the d mav' '
Quested, Provlded.4 Is wIft the sena gwwal use
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wfh be at ft to
need to an -
K" tmt a verbatlm record of the proceedings is
mads, which inches testimony and evidence WW
which the appeal Is based.
Anyone who needs a spedal accormodagm for .
this Act ( Cmrdfna�'et 587�pOG
ext�enaon 408 at haat 48 hmn in advance at
kxam RIM crnmly
Board os RIdNdCounN ,
Oct. 20,1 1ti9 r , 1040875
907
Community Development Director Bob Keating made the following
presentation:
23
NOV - 91993 aooK 90 FAcE dos
NOV - 91993
TO: James E. Chandler
County Administrator
DEP NT HEAD CONCURRENCE
6v&k p- 4g-
ert ea i g, YAC;i�' THRU: Sasan Rohani, AICD -
Chief, Long -Range Planning
FROM: John Wachtel
Staff Planner, Long -Range Planning
DATE: October 19, 1993
BOOK 90 PMulE969 -1
RE: William Van Zonneveld's Request to Rezone Approximately
3 acres from A-1 to RS -3 (RZON 93-08-0092)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 9, 1993.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately three acres of a ten acre
parcel. Located on the north side of 37th Street between 58th
Avenue and 66th Avenue, the subject property is owned by William
and Cornelia Van Zonneveld. The request involves rezoning the
property from A-1, Agricultural District (up to 1 unit/5 acres) to
RS -3, Single -Family Residential District (up to 3 units/acre).
The applicant intends to split the three acre subject property from
the remainder of the ten acre parcel and maintain a residence on
the subject site. The applicant further intends to sell the
remaining seven acres to a buyer who will raise horses on the seven
acre site. The buyer wishes to maintain the A-1 zoning on the
remaining seven acres. To conform with minimum lot size standards,
the subject property must be rezoned before it can be legally split
from the remainder of the parcel.
On September 23, 1993, the Planning and Zoning Commission voted 6-0
to recommend that the Board of County Commissioners approve this
request to rezone the subject property to RS -3.
Existing Land Use Pattern
The subject property and properties to the north are zoned A-1,
Agricultural District. Land to the south and east is zoned RS -3,
Single -Family Residential District. To the west of the subject
property, across an approximately 90 foot wide strip of A-1 zoned
land which provides access to the back portion of the ten.'acre
tract, is RS -3 zoned land. A single-family house and a manmade
pond are located on the subject property, with a small portion of
the pond extending over the west border of the subject property.
The remainder of the ten acre parcel is pasture.
24
_ M M
M M
Much of the surrounding area consists of groves, particularly to
the west and . northwest. To the south, across 37th Street and a
drainage canal, is a combination of old groves, pasture, and
single-family homes on large tracts. Bordering the subject
property on the east is an uncleared five acre tract. East of that
tract, development consists of groves and single-family homes on
large tracts. North of the ten acre subject parcel is another ten
acre tract containing pasture and a single-family home.
Future Land Use Pattern
The subject property and all surrounding properties are designated
L-1, Low -Density Residential -1, on the county future land use map.
The L-1 designation permits residential uses with densities up to
three units/acre.
Environment
The subject property is composed predominately of large oak trees,
sable palmettoes, and the exotic Brazilian pepper. The Brazilian
peppers have not invaded the site completely, since the oak trees
are well established. The property is not within a flood hazard
area, and no wetlands exist on the site.
Utilities and Services
The site is within the Urban Service Area of the county. At the
present time, neither water nor wastewater lines extend to the
site.
Transportation System
The property abuts 37th Street which is classified as a collector
road on the future roadway thoroughfare plan map. This segment of
37th Street is a two-lane dirt road with approximately 30 feet of
existing public road right-of-way. It is programmed for expansion
to 60 feet of public road right-of-way by 2010.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan; and
• potential impact on environmental quality.
Concurrency of Public Facilities
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development. The Comprehensive Plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
To ensure that the minimum acceptable standards for these services
and facilities are maintained, the Comprehensive Plan and Land
25
1. g0'V - 91993
Boa 90 FAQ 970
I
r NOVgo FnE 971
�3 BOOK
Development Regulations also require that new development be
reviewed.
Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. The
site information used for the concurrency analysis is as follows:
1. Size of Area to be Rezoned: #3 acres
2. Existing Zoning Classification: A- 1, Agricultural
District (up to 1 unit/5
acres)
3. Proposed Zoning Classification: RS -3, Single -Family
Residential District (up
to 3 units/acre)
4. Most Intense Use of Subject
Property under Existing
Zoning Classification:
5. Most Intense Use of Subject
Property under Proposed
Zoning Classification:
- Transportation
1 unit
9 units
A review of the traffic impacts that would result from the
development of the property indicates that the existing level of
service "D" or better on 58th Avenue would not be lowered. The
site information used for determining traffic is as follows:
Existing Zoning District
1. Residential Use Identified in 5th Edition ITE Manual:
Single -Family
2. For Single -Family Units, in ITE Manual:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
C. Inbound (P.M. Peak Hour): 65%
d. Outbound (P.M. Peak Hour): 35%
3. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage (1 X 1.01 X .65 = 1)
4. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(1 X 9.55 = 10)
Proposed Zoning District
1. Residential Use Identified in 5th Edition ITE Manual:
Single -Family
`Xl
2. For Single -Family Units, in ITE Manual:
a. Average Weekday Trip Ends: 9.55/unit
b. P.M. Peak Hour Trip Ends: 1.01/unit
C. Inbound (P.M. Peak Hour): 65%
d. Outbound (P.M. Peak Hour): 35%
3. Formula for Determining Number of Peak Hour/Peak Season/Peak
Direction Trips Generated: Number of Units X P.M. Peak Hour
Rate X Inbound P.M. Percentage (9 X 1.01 X .65 = 6)
(trip distribution based on a Modified Gravity Model)
4. Formula for Determining Number of Average Weekday Trips
Generated: Number of Units X Average Weekday Rate
(9 X 9.55 = 86)
5. Peak Direction of 58th Avenue, from S.R. 60 to 41st Street:
Northbound
6. Traffic Capacity on this segment of 58th Avenue, at a Level of
Service "D": 830 peak hour/peak season/peak direction trips
7. Existing Traffic volume on this segment of 58th Avenue:
523 peak hour/peak season/peak direction trips
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the existing zoning
district is 10. This was determined by multiplying the 1 unit
(most intense use) by ITE's single-family residential factor of
9.55 Average Daily Trip Ends/unit.
The number of Average Weekday Trip Ends associated with the most
intense use of the subject property under the proposed zoning
district is 86. This was determined by multiplying the 9 units
(most intense use) by ITE's single-family residential factor of
9.55 Average Daily Trip Ends/unit.
Since the county's transportation level of service is based on peak
hour/peak season/peak direction characteristics, the transportation
concurrency analysis addresses project traffic occurring in the
peak hour and affecting the peak direction of impacted roadways.
According to ITE, the proposed use generates more volume in the
p.m. peak hour than in the a.m. peak hour. Therefore, the p.m.
peak hour was used in the transportation concurrency analysis. The
peak direction on 58th Avenue during the p.m. peak hour is
northbound.
Given those conditions, the number of peak hour/peak season/peak
direction trips that would be generated by the most intense use of
the subject property under the existing zoning district was
calculated to be 1. This was determined by multiplying the total
number of units allowed (1) under the existing zoning by ITE's
factor of 1.01 p.m. peak hour trips/unit, then taking 65% of that
total to ensure that only inbound trips were counted.
To determine the number of peak hour/peak season/peak direction
trips that would be generated by the most intense use of the
subject property under the proposed zoning district, the total
number of units allowed under the proposed zoning (9) was
multiplied by ITE's factor of 1.01 p.m. peak hour trips/unit; that
volume was then multiplied by the inbound trip factor of 0.65. The
result was 6, or 5 more than the 1 that would be generated by the
most intense use of the subject property under the existing zoning.
Using a modified gravity model and a hand assignment, the trips
27
NOV - 91993
BOOK 90 PAGE 972 2
OV - 91993
BOOK 9® F'AuF 973 -7
generated by the proposed use were then assigned to roadways on the
network.
Capacities for all roadway segments in Indian River County are
calculated and updated annually, utilizing the latest and best
available peak season traffic characteristics and applying Appendix
G methodology as set forth in the Florida Department of
Transportation Level of Service Manual. Available capacity is the
total capacity less existing and committed traffic volumes; this is
updated daily based upon vesting associated with project approvals.
The traffic capacity for the segment of 58th Avenue affected by
traffic from this site is 830 trips (peak hour/peak season/peak
direction) at a Level of Service "D", while the existing traffic
volume on this segment of 58th Avenue is 523 trips (peak hour/peak
season/peak direction). The additional 5 peak hour/peak
season/peak direction trips created by the most intense use of the
subject property under the proposed zoning classification will
increase the total peak hour/peak season/peak direction trips for
this segment of 58th Avenue to approximately 528.
Based on staff analysis, it was determined that 58th Avenue and all
other impacted roads can accommodate the additional trips without
decreasing their existing levels of service. Impacted roads are
defined in the county's Land Development Regulations as roadway
segments which receive five percent (5%) or more daily project
traffic or fifty (50) or more daily project trips, whichever is
less.
The table below identifies each of the impacted roadway segments
associated with this proposed zoning classification. As indicated
in this table, there is sufficient capacity in all of the segments
to accommodate the projected traffic associated with the request.
TRAFFIC CONCURRENCY DETERMINATION
Impacted Road Segments
(peak hour/peak season/peak direction)
Existina Demand Total Available Positive
Roadway Existing Vested Segment Segment Project Concurrency
Segment Volume Volume Demand Capacity Demand Determination
1930 1040 511
3025 474 221
3030 523 113
- Water
1551 1099 1
695 135 1
636 194 4
Y
Y
Y
The site is within the urban service area; however, water lines do
not extend to the site at this time.
Using the subject property for 9 residential units will result in
water consumption at a rate of 9 Equivalent Residential Units
(ERU), or 2,250 gallons/day. This is based upon a level of service
of 250 gallons/ERU/day. If the subject property were to connect to
county lines, it would be serviced by the North County Water Plant
which is currently under construction. This plant will have a
28
Segment
Roadway
Capacity
Segment
Road
From
To
LOS "D"
1930
S.R. 60
58th Avenue
43rd Avenue
2,650
3025
58th Avenue
16th Street
S.R. 60
830
3030
58th Avenue
S.R. 60
41st. Street
830
Existina Demand Total Available Positive
Roadway Existing Vested Segment Segment Project Concurrency
Segment Volume Volume Demand Capacity Demand Determination
1930 1040 511
3025 474 221
3030 523 113
- Water
1551 1099 1
695 135 1
636 194 4
Y
Y
Y
The site is within the urban service area; however, water lines do
not extend to the site at this time.
Using the subject property for 9 residential units will result in
water consumption at a rate of 9 Equivalent Residential Units
(ERU), or 2,250 gallons/day. This is based upon a level of service
of 250 gallons/ERU/day. If the subject property were to connect to
county lines, it would be serviced by the North County Water Plant
which is currently under construction. This plant will have a
28
� � r
capacity of approximately 2,000,000 gallons/day and can accommodate
the demand generated by the proposed zoning district.
- Wastewater
Currently, wastewater lines do not extend to the site. However, if
lines were extended and connected to the subject property, it would
be serviced by the Central County Wastewater Plant (Gifford).
Based upon the most intense use allowed -under the proposed zoning
district, development of the property will have a wastewater
generation rate of approximately 9 Equivalent Residential Units
(ERU), or 2,250 gallons/day. This is based upon the level of
service standard of 250 gallons/ERU/day. The Central County
Wastewater Plant (Gifford) currently has a remaining capacity of
more than 500,000 gallons/day and can accommodate the additional
wastewater generated by the proposed zoning district.
- Solid Waste
Solid waste service includes pick-up by private operators and
disposal at the county landfill. Solid waste generation by a 9
unit residential development on the subject site will be
approximately 14.4 Waste Generation Units (WGU) or 43 cubic yards
of solid waste/year. A WGU is a Waste Generation Unit measurement
equivalent to 2.9625 cubic yards of waste/year.
According to the county's solid waste regulations, each residential
unit generates 1.6 WGU/unit. With the county's adopted level of
service standard of 2.37 cubic yards/person/year and the county's
average of 2 persons/unit, each WGU is equivalent to 1.25 people
(2/1.6 = 1.25) and 2.9625 cubic yards of solid waste/year (1.25 X
2.37). To calculate the total cubic yards of solid waste for the
most intense use allowed on the subject property under the proposed
zoning district, staff utilized the following formula: Total number
of WGUs X 1.25 X 2.37 (14.4 X 1.25 X 2.37 = 43 cubic yards/year).
A review of the solid waste capacity for the active segment of the
county landfill indicates the availability of more than 900,000
cubic yards. The active segment of the landfill has a 3 year
capacity, and the landfill has expansion capacity beyond 2010.
Based on staff analysis, it was determined that the county landfill
can accommodate the additional solid waste generated by the site
under the proposed zoning district.
- Drainage
All developments are reviewed for compliance with county stormwater
regulations which require on-site retention, preservation of
floodplain storage and minimum finished floor elevations. In
addition, development proposals must meet the discharge
requirements of the county Stormwater Management Ordinance. The
subject property is located within the M-1 Drainage Basin. Since
the site is located within the Indian River Farms Water Control
District (IRFWCD), development on the property will be prohibited
from discharging any runoff in excess of two inches in a twenty-
four hour period, which is the approved IRFWCD discharge rate.
In this case, the minimum floor elevation level of service
standards do not apply, since the property does not lie within a
floodplain. However, both the on-site retention and discharge
standards do apply. With the most intense use of this site under
the proposed zoning, the maximum area of impervious surface will be
approximately 78,408 square feet, or 1.8 acres. The maximum runoff
volume, based on that amount of impervious surface and the 25
year/24 hour design storm, will be approximately 95,832 cubic feet.
29
NOV - 9199 I BOOK 9-0 F U.974
rNOV -91993
Boa 90 p4n975 -7
In order to maintain the county's adopted level of service, and
given the IRFWCD's maximum discharge rate of two inches in 24
hours, the applicant will be required to retain approximately
74,052 cubic feet of runoff on-site. With the soil characteristics
of the subject property, it is estimated that the pre -development
runoff rate is 16 cubic feet/second.
Based upon staff's analysis, the drainage level of service
standards will be met by limiting off-site discharge to the
IRFWCD's maximum discharge rate of two inches in twenty-four hours,
and requiring retention of the 74,052 cubic feet of runoff for the
most intense use of the property.
As with all development, a more detailed review will be conducted
during the development approval process.
Recreation
A review of county
recreation facilities and the projected demand
that would result
from the most
intense. development
that could
occur on the property under the
proposed zoning classification
indicates that the
adopted levels
of service would be
maintained.
The table below illustrates the additional park demand associated
with the proposed
development of
the property and the existing
surplus acreage by
park type.
LOS
Project
(Acres per
Demand
Surplus
Park Type
1000 population) Acres
Acreage
Urban District
5.0
0.10
206.154
Community (north)
3.0
0.06
24.715
Beach
1.5
0.03
72.246
River
1.5
0.03
33.243
The concurrency requirements for drainage, roads, solid waste,
water, wastewater, and parks have been met for the proposed
rezoning. Based upon its analysis, staff has determined that there
is adequate public facilities capacity to serve the most intense
use allowed under the proposed rezoning. For that reason, staff
has issued a conditional concurrency certificate to the applicant.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezoning requests must also be consistent
with the overall designation of land uses as depicted on the Future
Land Use Map, which includes agricultural, residential,
recreational, conservation, and commercial and industrial land uses
and their densities. Commercial and industrial land uses are
located in nodes throughout the unincorporated areas of Indian
River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development related decisions. While all comprehensive. plan
policies are important, some have more applicability than others in
reviewing rezoning requests. Of particular applicability for this
request is Future Land Use Policy 1.11.
30
- Future Land Use Policy 1.11
Future Land Use Policy 1.11 states that the L-1, Low -Density
Residential -1 land use designation is intended for residential uses
with densities up to three units/acre. In addition, that policy
states that these residential uses must be located within an
existing or future urban service area.
Since the subject property is located within an area designated as
L-1 on the county's future land use plan map and is located within
the county's urban service area, and the applicant proposes to
develop the property with residential uses no denser than three
units/acre, the proposed request is consistent with Policy 1.11.
While policy 1.11 is particularly applicable to this request, other
comprehensive plan policies also have relevance. For that reason,
staff evaluated the subject request for consistency with all plan
policies. Based upon that analysis, staff determined that the
request is consistent with the comprehensive plan.
Compatibility with the Surrounding Area
It is staff's position that granting the request to rezone the
subject property to RS -3 will result in development which will be
compatible with surrounding areas. Since the subject property is
bordered by RS -3 zoned land, the request is for a continuation of
an existing zoning pattern.
The most likely location of potential incompatibilities associated
with this request is the boundary where the proposed RS -3 district
abuts the A-1 district along the north border of the subject
property. The 90 foot wide strip west of the subject property will
probably be used for access only. If the ten acre parcel is split
at the zoning district boundary as intended by the applicant, both
lots would be large enough to accommodate adequate buffers if
either property owner deemed them necessary. Such buffers would be
required to create a subdivision on the subject property.
For these reasons, staff feels that the requested RS -3 zoning would
be compatible with the surrounding area.
Potential Impact on Environmental Quality
Since this parcel is less than five acres in size, the county's
10/15% native upland plant community set aside requirement does not
apply. If the parcel is platted for a subdivision, the
conservation of protected trees would be reviewed in conjunction
with the subdivision approval process. In contrast to clear
cutting typically associated with agricultural operations, a
residential subdivision developer has the design option of
preserving significant oak trees.
Agricultural operations are exempt from county land clearing and
tree removal permits, thus potentially allowing the removal of all
trees on a site. Under the proposed zoning, however, the subject
property, as a single-family lot over one acre in size, would be
subject to the County's Tree Protection Ordinance. For these
reasons, the proposed rezoning from A-1 to RS -3 would not increase
the potential for adverse environmental impacts associated with
site development and may actually benefit the site.
31
L_ OV - 91993
BOOK 90 F'AGf.976
NOV - BOOK 90 FvuF 977
91993
Conclusion
The requested zoning is compatible with the surrounding area,
consistent with the comprehensive plan, meets all concurrency
criteria, and will have no negative impacts on environmental
quality. The subject property is located in an area deemed suited
for low density residential uses and meets all applicable rezoning
criteria. For these reasons, staff supports the request to rezone
the subject property from A-1 to RS -3.
Recommendation
Based on the analysis, staff recommends that the Board of County
Commissioners approve this request to rezone the subject property
from A-1 to RS -3.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Ordinance 93-321 amending the zoning ordinance and
the accompanying zoning map from A-1 to RS -3, for
the property generally located on the north side of
37th Street approximately 1,080 feet east of 66th
Avenue, as recommended by staff.
ORDINANCE NO. 93-32
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO
RS -3, FOR THE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
37TH STREET APPROXIMATELY 1,080 FEET EAST OF 66TH AVENUE, AND
DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the Comprehensive Plan of
Indian River County; and
32
ORDINANCE NO. 93- 32
WHEREAS, the Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the zoning of
the following described property situated in Indian River County,
Florida, to -wit:
The South 534.82 feet of the East 236.20 feet of Tract 20 in
the South one-half of Section 29, Township 32 South, Range 39
East according to the last general plat of lands of the Indian
River Farms Company, filed in the office of the Clerk of
Circuit Court of St. Lucie County, Florida, in Plat Book 2,
page 25; said land now lying and being in Indian River County,
Florida.
Be changed from A-1 to RS -3.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 9th day of November, 1993.
This ordinance was advertised in the Vero Beach Press -Journal
on the 20th day of October, 1993 for a public hearing to be held on
the 9th day of November, 1993 at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
Tippin , and adopted by the following vote:
Chairman Richard N. Bird Ave
Vice -Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Richard ZN. Bi�rd�.,C h a �Jr m, a �
ATTEST BY:
Jef frey Ik -Bar=lerk,��
Acknowledgment by the Department of Sate of the State f Florida
this 19th day of November , 1993.
Effective Date: Acknowledgment from the Department of State
received on this 22nd day of November , 1993, at 10:00 A.M.
A.M.AUK and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
33
V - 91`993 BOOK 90 F -AGF 978
� NO �
NOV _BOOK 90 FA "F 9 79
91993
PUBLIC HEARING - CABLE ORDINANCE FOR REGULATION OF BASIC SERVICE
TIER RATES FOR TCI CABLEVISION
The hour of 9:05 a.m. having passed, the County Attorney -
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDAThe i—CPUBLIt;NOT(CE
Before the undersigned authority River c� ,�Ftorlda, herCOR°ft 's of Indian,
y personally appeared J. J. Schumann, Jr. who on oath PUBLIC HEAR �' des !" or a
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published TUESDAY, NOV G schad,bd for wasOn
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being and
NrY
a �CG� PROVIDING FOR THE REGULATION OF BASIC
SERVICE TIER RATES ANO Rt]ATEp EQUIP -
In
INSTAI r ennst ..,..
in the matter
in the. Court, was pub-
lished in said newspaper In the issues of_fJCr_f �� '�� ey-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
'%106'466uauaar '1
�
QIAi��L �.ibe�i befofe me thi s�^' 7A.D. 19 �-
-7 day of �` ,-,_�!,. "i •�,
N HoG�?9 �'� i'ltsiness Manager)
r
0,.t
�'•• 0FRI � BARBARA C. SPRAGUE, NOTARY PUBLIC,
•, �►"q""' ` �a at Ronda, M
y Corn nisaion Exp. June 29.1907
mesion Number: CC3DpS72
ING ININDUIN RNER COUNTY 11 WORM tM OPERAT
Anyone who may wish to appeal any deciaion which
adthey be made wil need to ensure
which incNdes testirlonIr. and epvWe upon
wtdch
ttre aAnycppeal Is basad.
t Di w ��� �� tel accom's lion for
with . Act (ADA) CoordC�inator aA 567-
8M,
800 ,Ext. 408, at least 48 hours In advance of the.
rneefinn
Oct 2T 1993 1040990 '
The Board reviewed the following memo dated October 28, 1993:
34
807
DATE: OCTOBER 28, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
STAFFED AND
PREPARED BY: CINDY E. WHITE
FRANCHISE COORDIN OR
DEPARTMENT OF UTILITY SERVICES
SUBJECT: CABLE ORDINANCE FOR REGULATION OF BASIC SERVICE TIER
RATES FOR TCI CABLEVISION AND FALCON CABLE
BACKGROUND:
Under the Cable Television Consumer Protection and Competition Act
of 1992, procedures have been established by the Federal
Communications Commission (FCC) whereby franchising authorities may
regulate basic cable service rates at the local level.
ANALYSIS:
FCC Form 328 (copy attached) to certify Indian River County to
regulate rates was sent via certified mail to the Federal
Communications Commission on September 17, 1993, and was received by
their office on September 20, 1993. Under the 1992 Cable Act, the
certification becomes effective 30 days after it has been filed with
the FCC.
The next step in the certification process is to adopt an ordinance
(attached) stating that Indian River County will follow the rate
regulations adopted by the FCC. Upon adoption of the ordinance, the
cable companies will be notified that they have 30 days in which to
submit justification of their basic cable rates; their rate
schedules and worksheets will then be analyzed by County staff to
determine whether their basic service rates are within the
benchmarks established by the FCC.
It is recommended that the Chairman of the Board of County
Commissioners execute the attached ordinance to enable Indian River
County to regulate basic service tier rates for TCI Cablevision and
Falcon Cable.
Chairman Bird questioned whether the County should assume
responsibility for regulating cable service.
Utility Services Director Terry Pinto responded that staff
does not necessarily want this responsibility. However, if unfair
rates are charged in the future, we will need this ordinance to
protect county residents. The ordinance must be adopted
immediately due to the time limit.
Attorney Vitunac advised that the Federal Communications
Commission rate freeze ends on November 15th. If we adopt this
35
BOOK 90 F'nF �®
ON - 9 19
SOV -�PACE
MOK 0
91993
ordinance, we can notify the cable companies that they have 30 days
to submit their rates to the County for review. The ordinance will
not enable us to regulate premium channels, but at least we can
regulate the basic service. If the cable companies submit a basic
benchmark rate increase, we have 30 days to respond. A rate
increase based on increased costs of service would have to be
audited, and we would have 90 days to respond.
Chairman Bird recalled that when he first served on the BCC it
was difficult to regulate cable rates. The amount of information
submitted by cable companies to justify proposed rate increases was
overwhelming. Staff did not have the expertise to determine
whether the increases were justified, which made it necessary to
hire outside consultants to analyze the information. When the
Federal government took over the responsibility of regulating cable
television, none of us lost any sleep over it. Chairman Bird hoped
we do not get ourselves into a situation where we place a
tremendous burden on our staff or spend considerable amounts of
money on outside consultants.
Commissioner Macht felt that county residents need to have
their interests represented. People are unhappy with the fact that
cable companies have arranged "tiers" whereby they take channels
off the basic package and charge extra for them. Adopting this
ordinance does not confer anything on us, but it gives us the
ability to regulate rates if necessary. He pointed out that we now
have a benchmark rate to guide us.
Attorney Vitunac commented that this bill did not result in
substantial decreases in cable rates. In some areas rates actually
increased. The cable companies are always a step ahead of
government by rearranging the tiers. The only benefit of the bill
is that basic rates have gone down.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
James Staub, director of cable and government relations, WPEC
Channel 12 in West Palm Beach, urged the Board to adopt the
proposed ordinance. He was not optimistic that competition would
keep rates down, and he predicted that mergers will result in
monopolies in the Cable TV industry. He felt that counties and
municipalities should have the ability to regulate the rates
charged by the cable television industry as well as customer
service standards.
36
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
x,
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 93-33, providing for the regulation of
basic service tier rates and related equipment,
installation, and service charges of any cable
television system operating in Indian River County,
as recommended by staff.
ORDINANCE NO. 93-33
AN ORDINANCE OF INDIAN RIVER COUNTY PROVIDING
FOR THE REGULATION OF BASIC SERVICE TIER RATES
AND RELATED EQUIPMENT, INSTALLATION, AND SERVICE
CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING IN INDIAN RIVER COUNTY
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 which,
among other things, provided that the basic service tier rates, and
the charges for related equipment, installation, and services of a
cable television system shall be subject to regulation by a
franchising authority in accordance with regulations prescribed by
+� the Federal Communications Commission; and
WHEREAS, on April 1, 1993, the FCC prescribed such regulations
in the Report and Order. In the Matter of Implementation of Sections
of Cable Television Consumer Protection and Competition Act of 1992•
Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3,
1993); and
WHEREAS, Indian River County is a franchising authority with
the legal authority to adopt, and the personnel to administer,
regulations with respect to the basic service rates and charges of
any cable television system operating in the County, including,
without limitation, the systems currently being operated by TCI
Cablevision of the Treasure Coast and Falcon Cable Media
("the Companies") pursuant to Ordinance 82-7 (the "Franchise"); and
WHEREAS, the County desires to regulate the basic service rates
and charges of the Companies and any other cable television system
operating in the County and shall do so in accordance with the FCC
37
NOV - 91993
BOOK 90 PAtiF 9-9?
Nov O 1993 BOOK 9 0 PAGE. 983
ORDINANCE NO. 93-33
Rate Regulations, notwithstanding any different or inconsistent
provisions in the Franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY THAT:
1. The County will follow the FCC Rate Regulations in its
regulation of the basic service rates and charges of the Companies
and of any•*other cable television system operating in the County,
notwithstanding any -different or inconsistent provisions in the
Franchise.
2. In connection with such regulation, the County will ensure
a reasonable opportunity for consideration of the views of
interested parties.
3. The County's Franchise Coordinator is authorized to
execute and 1 file with the FCC on behalf of. the County such
certification forms or other instruments as are now or may hereafter
be required by the FCC Rate Regulations to enable the County to
regulate basic service rates and charges.
4. This Ordinance shall be -effective on becoming law.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this 9- day of
dovemher , 1993.
This ordinance was advertised in the Vero Beach
Press -Journal on the 21 day of October , 1993, for
a public hearing to be held on the _q_ •., day of
Nnvpmhar , 1993, and at the hearing it was moved for
adoption by Commissioner Adams_ and the motion was
seconded by Commissioner Eggert , and, adopted by the
following vote:
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
38
Attest:
Jeffrey K. B/a/gt, on
Clerk
y•
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Richard N. Bird
Chairman
Acknowledgment by the Department of State of the State of Florida,
this 19th day of November , 1993.
Effective date: Acknowledgment for the Department of State received
on this 22nd day of November, 1993, at 10:00 a.m.
a.m./IXM. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
PUBLIC HEARING - ORDINANCE AMENDING THE AUTHORITY OF THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE TO RELEASE SIDE LOT EASEMENTS IN
CERTAIN CIRCUMSTANCES
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
r VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matterof Zgm .L��'c���
In the Court, was pub -
fished in said newspaper In the issues of �`� 'A 1;("
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida. each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
�dvH�flasgAC y,,for publication in the said newspaper. /`/%
5a7odflb79adsu�io5'etribed beforq me this 4 -TC,'. day of ��` r /.D. 19
. !fyCo •�
• fi
�o++e1?9 Etp„f
N : S0CQ, 'ft7
BAffRARA Ot. fiPRAdlJft, NOTARY PURI IC,
data of Roma. My Commission ESP, June 29, 1997
Commission Number: Cc3oos72
39
NOV - 9'1993`
Manager)
NOTICE
The Board of County Commissioners of Indian
River County, Florida, hereby provides notice of a
Public Hearing scheduled for 9:05 a.m. on Tuesday,
November 9, 1993, to discuss the following pro-
posed ordinance entitled:
AN ORDINANCE OF INDIAN RIVER COON-
TY FLORIDA, AMENDING THE AUTHOR-
ITY: OF THE COUNTY ADMINISTRATOR
OR HIS DESIGNEE TO RELEASE SIDE f
? LOT , EASEMENTS IN CERTAIN CIRCUM- ,
STANCES.
Arnyo who may wish to appeal any decision which
may be made at the Public Hearing onNovember 9,
1993, will creed to ensure that a verbatim record of,
the proceedlrgs b made, which Intrudes testimony'
and evidence upon which the appeal Is based. 11208
Oct 22. 11993 .
BOOK 90 PAVE 984
r NOV
- 91993Bo
oK
9 F�a;c 9 5
Q �
The
Board reviewed the following memo dated October 27,
1993:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney
t "-V
DATE: October 27, 1993
RE: PUBLIC HEARING - November 9, 1993
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE AUTHORITY OF
THE COUNTY ADMINISTRATOR OR HIS DESIG-
NEE TO RELEASE SIDE LOT EASEMENTS IN
CERTAIN CIRCUMSTANCES.
From time to time the Board of County Commission is asked to release
side lot utility easements. Usually these requests are with respect to a
closing or a building permit. These requests are coordinated with the
appropriate departments in the County and the City and with the
appropriate private utilities. An item is then prepared for the BCC
and placed on the agenda for BCC action. This process is necessarily
time consuming; however, the process can be speeded up if the County
Administrator is authorized to execute the release rather than the BCC-
REQUEST:
CC.
RE UEST: Staff recommends approval of the attached proposed
ordinance.
Assistant County Attorney Terry O'Brien advised that this
ordinance will expedite releases of easements. He explained that
many times 2 small lots are combined and a house is built over the
easement. When the property is sold or refinanced, a title search
reveals that the easement was never released, and the closing must
be delayed until a release is approved by the Board. Attorney
O'Brien suggested modifying the ordinance to read as follows: "The
County Administrator may execute on behalf of the County releases
of side or rear lot easements that are unnecessary because of the
joining of lots to form a building parcel."
Commissioner Eggert asked if language could be added to the
ordinance stating that any requests denied by the County Attorney
can be appealed to the Board.
Attorney O'Brien indicated that a sentence to that effect will
be added to the ordinance.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
40
ON MOTION `by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 93-34, Amending the Authority of the
County Administrator or his Designee to Release Side
or Rear Lot Easements in Certain Circumstances, as
recommended by staff.
ORDINANCE 93- 3A.
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA AMENDING THE AUTHORITY OF THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE TO
RELEASE SIDE OR REAR LOT EASEMENTS IN
CERTAIN CIRCUMSTANCES.
WHEREAS, the Board of County Commissioners from time to time
releases side lot easements when said easements are not necessary
because of the joining of lots to form one building parcel; and
WHEREAS, the time to process applications for release of said
easements is extended by bringing the matter to the Board of County
Commissioners; and
WHEREAS, it will benefit the public by providing greater speed of
service if authority to release said easements is given to the County
Administrator or his designee,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
1. Section 101.05 of the County Code is hereby amended by the
addition of a subparagraph (u) to read as follows:
(u) The county administrator, or his designee, after proper
coordination with interested entities and review by the county
attorney, may execute on behalf of the County releases of
side or rear lot easements that are unnecessary because of
the joining of lots to form a building parcel. If the
application for release of easement is denied, the applicant
may appeal the decision to the Board of County
Commissioners.
SECTION 2. SEVERABILITY.
If any section, or if any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional, in -
41
OV - 91993 BOOK . 90 F.�GF 996
r NOV - 91993 BOOK 90 FAGE 987
operative, or void, such holding shall not affect the remaining portions
of this ordinance, and it shall be construed to have been the legislative -
intent to pass the ordinance without such unconstitutional, invalid or
inoperative part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 9 day of November , 1993.
This ordinance was advertised in the Vero Beach Press -Journal on
the V day of _p r t n h a r , 1993, for a public hearing to be held on
the _) day of -Nny p m h a r , 1993, at which time it was moved for
adoption by Commissioner M a c h t , seconded by Commissioner
Eggert , and adopted by the following vote:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
Attest By `J
Clerk ��� Ay
Richard N. Bird
�y • Chairman
Acknowledgement by the Department of State of the State of Florida, this
_L2t14iay of _ November , 1993.
Effective date: Acknowledgement from the Department of State
received on this 22nd day of Novemb r , 1993, at 1 n_nn a.m/RXMX
and filed in the Office of the Clerk of the Board of—CZunty
Commissioners of Indian River County, Florida.
42
- M M
CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES
4345(A) AND 43451B) 30TH AVENUE
The Board reviewed the following memo dated October 28, 1993:
TO: James E. Chandler
County Administrator
DATE: October 28, 1993
SUBJECT: Condemnation, Demolition and Removal
of Unsafe Structures
4345 (A) 30th Avenue - Duplex
4345 (B) 30th Avenue
Unnumbered accessory Structure
27-32-39-00001-0000-00019.1
THROUGH: Robert M. Keating, Director /ZM K
Community Development Department
FROM: Ester L. Rymer, Direct r
Building Division
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of November 9, 1993.
DESCRIPTION AND CONDITIONS:
The referenced structures have been condemned and ordered repaired
or removed. Said structures have been inspected by staff, and are
considered unsafe and detrimental to the health, safety, and
welfare of the general public. The owners of the property were
issued notices to repair or remove the structures, and were advised
of their right to appeal the condemnation order before the Indian
River County Building Code Board of Adjustments and Appeals;
condemnation cards were posted.
Since the owners have been notified that the referenced structures
are unsafe to occupy, the electrical power has been removed from
the units to prevent illegal occupancy. The owners have failed to.
bring the structures into compliance with the Minimum Standard
Housing Code; and have failed to appeal the condemnation order.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners declare
said structures a nuisance, and order the buildings demolished with
all related hazards and debris removed from the property by the
County Road and Bridge Department.
Staff further recommends that the Board adopt the attached
Resolution authorizing the Building Official to report the county's
demolition and debris removal cost for each structure to the County
Attorney for the preparation and recording of a lien to be placed
on the real property of the owner for the purpose of recovering the
county's costs.
43
NOV • 91993 BOOK 90 PA'93$
r NOV - 9
1993
fi00K 90 PAGE 989 -1
Ester L. Rymer, Director of the Building Division, reported
that the Sheriff's Department notified her that these properties
are being entered illegally and used for illegal purposes. She
added that two individuals hold tax certificates on these
properties, and they were notified by certified mail of this
condemnation proceeding.
Commissioner Adams asked if the owners of these buildings are
county residents. She wondered whether we will ever be able to
recover the cost of demolition.
Director Rymer responded that the owners of record are local
residents. Staff has not been able to reach them by telephone, but
they were notified by certified mail. She agreed that we may not
be able to recover the cost of demolishing the buildings. The Road
and Bridge Department has been handling demolition without the use
of outside contractors to save money, and most of the costs
associated with demolitions are landfill charges.
Attorney Vitunac stressed that the County has a responsibility
to keep the county safe for its residents even if we do not recover
the cost of destroying these structures.
Karl Zimmermann, Tax Collector, commented that the County's
lien for the cost of demolition would supersede the Tax Collector's
lien.
Chairman Bird asked if we had discussed with the Fire
Department the possibility of using them for a controlled burn.
Director Rymer responded that we always offer these types of
buildings to the Fire Department, but they usually cannot be used
for controlled burns because of their location.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-197, providing for the demolition of
unsafe structures and the recovery of costs, as set
forth in the staff's memorandum.
44
RESOLUTION NO. 93- 9 Q 7
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE DEMOLITION OF
UNSAFE STRUCTURES AND THE RECOVERY OF
COSTS.
WHEREAS, Indian River County has adopted the Standard Unsafe
Buildings Abatement Code (SUBAC),• 1985 Edition (at Section 401.01, Indian
River County Code); and
WHEREAS, Section 701 of the Standard Unsafe Buildings Abatement
Code provides for the recovery of the costs of repairs and/or demolitions to
unsafe structures by policies and ..procedures established by the local
governing body; and
WHEREAS, Section 100.080 provides that the Board of County
Commissioners may cause, by resolution, a lien to be filed in the Official
Record Books of the County against the owner of property or person
responsible for compliance with the Code for the costs incurred by the
County; and
WHEREAS, pursuant to Chapter 162, F.S. , notice of intent to
adopt alien resolution has been given to the proposed lienees,
~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the costs of
demolition of the unsafe structures which are listed and attached as Exhibit
"A" hereto, which costs are incurred by County government as a result of
such demolition undertaken under the direction of the Board of County
Commissioners shall be recovered from the owners of the property upon
which each unsafe structure is located, as identified in the attached Exhibit
"A". The costs of such demolition shall be reported to the Building Director
who shall notify the County Attorney's Office to prepare liens for the
recovery of those costs, to be placed upon the real property of the owner of
the unsafe structures
as listed in the attached Exhibit
"A", any such
liens
bearing interest at the
rate of twelve percent (12%) per
annum from the
date
the lien is
recorded in the
Public Records of
Indian River County, Florida,
until such
time as the lien,
including interest,
is paid.
45
NOV -°9 1993
BOOK 0
0® Fir 00
� I
F"'-
NOV - 91993 BOOK 90 ur,F TA
RESOLUTION NO. 93-1_U
The foregoing resolution was offered by Commissioner Adams
and seconded by Commissioner Eggert , and, upon being put to a vote,
the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Ay e
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the. resolution duly passed and
adopted this 9 day of November , 1993.
ATTEST:
Jef rey K., Bartcn, Cler
BOARD OF COUNTY COMMISSIONERS
INDIAN: RIVER COUNTY, FLORIDA
By:
Ric and N. B rd, Chairman.
EXHIBIT "A"
I. 4345 (A) 30th Avenue (Duplex structure)
4345 (B) 30th Avenue
Unnumbered Structure 30th Avenue
Parcel Number: 27-32-39-00001-0000-00019.1
Owners: Nancy and Hazelee Lewis
A. Inspection by Building Department
B. Certified Notice to Owner Receipt dated 7/3/93
C. Posted property with condemnation cards
D. Photographs on file
E. Notice to owner of November 9 Board of County Commission
Meeting and staff recommended action by Certified mail/notice to owner,
receipt dated/
0-3o or by hand delivery on
by
F. Notice to holders of tax certificates of November- 9 Board of County
Commission Meeting and staff recommended action by Certified
mail/ notice dated /1-/-93 , or by hand delivery on
by .
46
HEALTH BENEFIT PROGRAM FISCAL 1994 CONTRACTS
The Board reviewed the following memo dated November 3, 1993:
.................................................................
To: James Chandler, Date: November 3, 1993
County Administrator
From: Jack Price, Personnel Sub: Health Benefit
Program Contracts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The major health care plan design changes authorized first by the
Board of County Commissioners for fiscal 1992 have been effective
in accomplishing the two primary objectives of the plan, to provide
competitive coverage for employees and to minimize cost increases.
Negotiations are now completed with the carrier/third party
administrator and PPO providers for fiscal 1994. Attached for
Board of County Commissioner's approval are:
1. Contract between Anthem Life Insurance Company of Florida
and Indian River County for Life, Accidental Death and
Dismemberment, Utilization Management and Medical insurance
through the "Minimum Premium Plan" funding agreement.
2. Contract between Gold, Vann & White, P. A. (Doctor's
Clinic) as a PPO provider, and Indian River County.
3. Contract between Indian River Memorial Hospital as a PPO
provider, and Indian River County.
Some fee schedules were increased by approximately 5% above last
years. Overall the projected costs increase by 5.4% during fiscal
1994, compared with a national medical inflation trend rate of
16.9%. Last year the projected costs increased by 1%. The Budget
Office reports that funds are available for this 1994 program.
Plan design changes implemented for fiscal 1993 are expected to
continue to modify cost increases in total claims experience during
fiscal 1994. During 1994 the plan design will be reviewed again
and appropriate changes will be recommended for fiscal 1995.
Personnel Director Jack Price advised that the primary
difference this year is that the fee structure for Indian River
Memorial Hospital was increased 5 percent.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Tippin, to approve the contracts with
Anthem Life Insurance Company of Florida; Gold, Vann
& White, P.A. (Doctors Clinic) as a PPO provider;
and Indian River Memorial Hospital as a PPO
provider, as recommended by staff.
Under discussion, Commissioner Adams asked if we rebid this
every few years.
47
BOOK 90 PA."F �� 7
ROV - 91993
r NOV - 9:
1993
BOOK 90 U"' ��•�
Director Price responded that an agreement was reached in 1990
to re-examine the plan design after 3 years. During the course of
the current fiscal year, staff will consult with an outside expert
to ascertain that the program is still effective.
Commissioner Macht asked if Blue Cross/Blue Shield was given
an opportunity to bid.
Director Price advised that Blue Cross/Blue Shield's rate
structure was competitive but Anthem Life Insurance Company was
better.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
3 CONTRACTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
COOPERATOR AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FLORIDA
GAME AND FRESH WATER FISH COMMISSION - BLUE CYPRESS BOAT RAMP
The Board reviewed the following memo dated November 1,
1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Cooperator Agreement between Indian River County and
Florida Game and Fresh Water Fish Commission — Blue
Cypress Boat Ramp
REF. LETTER: Frank Morello, FGFWFC,, to Jim Davis dated Oct. 14, 1993
DATE: November 1, 1993
DESCRIPTION AND CONDITIONS
In furtherance of -the Upper St. John River Recreational Plan, the Florida
Game and Fresh Water Fish Commission is willing to renovate the existing
Blue Cypress Lake Park boat ramp and wood dock to enhance and make the
facilities handicap accessible. The FGFWFC will also maintain these
facilities. The County's obligations are listed, but primarily are as
follows:
1) Dedicate the land and facilities for public park purposes;
2) Provide ingress/egress to the site and parking, including
handicapped space;
3) Agree not to charge a launch fee.
48
w � �
- M M
The agreement is for 20 years, and it can be terminated by the FGFWFC, but
not by the county unless approved by the Commission.
ALTERNATIVES AND ANALYSIS
The alternative are as follows:
Alternative No. 1
Approve the Agreement and authorize the Chairman's signature.
Alternative No. 2
Deny approval of the Agreement.
RECOI4NDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby approval is given for signature
by the Chairman of the Board.
Commissioner Eggert felt that the agreement was one-sided
because the Florida Game and Fresh Water Fish Commission
(FGFWFC) can cancel at any time, but the County cannot cancel
the agreement for 20 years.
Chairman Bird explained that the FGFWFC does want not to
invest funds if the County has the ability to cancel the
agreement.
Public Works Director Jim Davis reported that the FGFWFC
has been building boat ramps for freshwater fishing areas in
the state for a number of years and is very responsible about
maintaining the ramps. He stressed that he has always had a
good working relationship with the FGFWFC, and that much of
the language in the contract is mandated by the Federal
government.
Commissioner Adams felt that 20 years is an excessive
amount of time for the County to be locked into an agreement.
She was concerned that the State may not have adequate funds
in the future to properly maintain the boat ramp, and wanted
the County to be able to take over if that happens.
Attorney Vitunac advised that it may be possible to amend
the agreement. However, if the County cancels the agreement,
the FGFWFC will probably want to be reimbursed for all monies
invested in the ramp.
Administrator Chandler agreed with Attorney Vitunac, but
he pointed out that there is not a large amount of money
involved.
After further discussion, Chairman Bird directed the
County Attorney to determine whether the FGFWFC would be
willing to add a termination clause to the agreement and then
present it to the Board for approval.
49
BOOK 9® FACER%
NOV - 91993'
r NOV - 91993 BOOK 90 U. 9.95 �
FINAL PAYMENT TO COASTAL TECHNOLOGY CORPORATION - VERO BEACH
NEARSHORE HARDBOTTOM MAPPING BIOLOGICAL ASSESSMENT & BEACH
RESTORATION ALTERNATIVE ASSESSMENTS REPORT
The Board reviewed the following memo dated November 2,
1993:
TO: James E. Chandler, County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Don G. Donaldson, P.E.
Coastal Engineer
SUBJECT: Final Payment to Coastal Technology Corp. for the
Vero Beach Nearshore Hardbottom Mapping, Biological
Assessment and Beach Restoration Alternative
Assessments Report
REF. MEMO: Don G. Donaldson to Jim Davis dated 10-21-93
DATE: November 2, 1993
DESCRIPTION AND CONDITIONS
C2 : eneJ3M.A9N
Coastal Technology Corporation has concluded the final report of
the Vero Beach Nearshore Hardbottom Mapping, Biological Assessment
and Beach Restoration Alternative Assessment. Coastal Tech
completed delivery of the report and survey data on October 15,
1993 in accordance with the contract executed on June 15,1993 and
the time extension granted on Sept. 21, 1993.
This report,together with the engineering data that was collected,
has been transmitted to American Coastal Engineering for their use
in designing the off -shore submerged breakwater (PEP Reef). In
addition, this report will provide the basis for assessing the
biological and physical benefits that will result from installation
of the submerged breakwater.
RECOMMENDATIONS AND FUNDING
Staff has reviewed the report and supplemental materials and
recommends that the Board authorize the final payment to Coastal
Technology in the amount of $16,810-810'.. Funding to be from 119-
145-572-033.13.
Commissioner Adams reported that the contract provides
for the consultant to present the results of the study to the
Board. The Beach and Shore Preservation Advisory Committee
has seen the presentation,
Board before she placed it
and she wanted to check with the
on the agenda for a BCC meeting.
50
Director Davis explained that the work involved mapping
the hard bottom and the biological communities. There is a
videotape of the biological communities, a lot of data, and
the alternative assessments study.
The consensus among the Board members was to forego the
presentation.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the final payment to Coastal Technology
Corporation in the amount of $16,810.80, as
recommended by staff.
ACCEPTANCE OF 66TH AVENUE RIGHT-OF-WAY AND PAVINGIDRAINAGE
IMPROVEMENTS
The Board reviewed the following memo dated November 2, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Acceptance of 66th Avenue Right -of -Way
Dedication and Paving/Drainage Improvements
REF. LETTER: Steve Snoberger, Carter Associates,
to James Davis dated Oct. 11, 1993
,
DATE: November 2 , 19 9 3 c : FILE : 66AV.AON
'i
DESCRIPTION AND CONDITIONS
On February 2, 1993, Indian River County and Golden River Fruit Co.
(George Lambeth, Owner) entered into an agreement to cost share in
paving and drainage improvements to 66th Avenue between Oslo Road
(9th St. SW) and 5th St. SW (J mile length). The project is now
complete, and the developer is requesting county acceptance of
right-of-way deeds, the road paving, and final payment of the
county's share ($18,289.11). A one-year warranty, release of liens,
and performance bond has been provided to the county.
ALTERNATIVES AND ANALYSIS
Staff has inspected the Road and has approved the construction.
The alternatives presented are as follows:
Alternative No. 1
Accept the Right -of -Way dedication and paving project as
complete. Approve final payment of $18,289.11
51
SOU - 91993 ROCK 90 FAGE 996
Alternative No. 2
Do not accept the project.
RECOMMENDATIONS AND FUNDING
BOOK 90 PA'F-97
Alternative No. 1 is recommended whereby the project is approved.
Funding to be from Traffic Impact Fee, District 9 - 101-159-541-
067.50.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the right-of-way dedication and authorized final
payment of $18,289.11, as recommended by staff.
SOUTH BEACH RECREATION PATH
The Board reviewed the following memo dated November 1, 1993:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manage
SUBJECT: South Beach Recreation Path
Final Assessment
DATE: November 1, 1993
DESCRIPTION AND CONDITIONS
Costs associated with the construction of the South Beach Recreation Path
on the east side -of AlA from the south city limits of Vero Beach to the
south Moorings Line (Spyglass Lane) have been finalized. The final
assessment is as follows:
Preliminary Estimate
$306,965.00
(2117 residential units)
$145 per residential unit
Final Cost
$186,900.62
(2100 residential units)
$89 per residential unit
The final assessment roll has been prepared and has been delivered to the
Clerk to the Board. Assessments are to be paid in one installment. The
due date is ninety (90) days after approval of the final assessment roll.
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefited property owners is less than
the preliminary assessment roll, the only alternative presented is to
approve the final assessment roll.
52
zisi*: i Y, IZ� r •+r r r
Staff recommends that the final assessment roll and "As Built Resolution"
for the South Beach Recreation Path be approved by the Board of County
Commissioners and that it be transferred.to the Tax Collector's office for
collection.
Public Works Director Jim Davis advised that the final
assessment for the South Beach recreation path is less than the
preliminary assessment by approximately 50 percent. We saved money
on this project by using the same contractor that the City of Vero
Beach used for construction of an effluent reuse line.
Tax Collector Karl Zimmermann suggested waiting until mid-
December to mail the bills, since the ad valorem tax bills were
just mailed. Current law does not permit the County to include
both bills in the same mailing, but property owners have no way of
knowing this and the immediate assumption would be that we should
have mailed them together. If we wait until mid-December, the
payment due dates for the assessment will coincide with the ad
valorem tax payment due dates of January 1 through March 31.
There was discussion about the lengthy time involved in
completing the assessment. Director Davis explained that staff was
unable to calculate the final assessment amount until the City sent
a final invoice for the County's share of the costs, and the City
of Vero Beach had a problem with the contractor on the reuse line
which resulted in a delay.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-198, Certifying "As -Built" Costs for
Construction of a Recreation Path, etc., as
recommended by staff.
53
AM - 91993 �ooK 9® F,,UF '.98
NOV - 91993
RESOLUTION NO. 93- 198
BOOK go Fk'F 999
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT"
COSTS FOR CONSTRUCTION OF A RECREATION PATH ON THE WEST SIDE
OF AlA FROM THE SOUTH CITY LIMIT OF VERO BEACH TO THE SOUTH
MOORINGS LINE (SPYGLASS LANE) AND OTHER CONSTRUCTION
NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL
COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND
INTEREST.
WHEREAS, the Board of County Commissioners of Indian River
County determined that the improvements for the property located with
boundaries as described in this title, designated as Project No. 9016,
were necessary to promote the public welfare of the County; and
WHEREAS, on February 12, 1991, the Board held a public
hearing at which time and place and the owners of the property to be
assessed appeared before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 91-17, which confirmed the special
assessment cost of the project to the property specially benefited by
the project in the amounts listed in an attachment to that resolution;
and
WHEREAS, Resolution No. 90-189 provided for the construction
of the recreation path and established an installment payment plan; and
WHEREAS, the said assessment is considerably less than the
anticipated assessment, therefore, there is no need for installment
payment.
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$89.00 per residential unit, which is less than $145.00 per residential
unit in the confirming Resolution No. 91-17,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF CODNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
54
RESOLUTION 93-195
1. Payments shall be made in one installment. The due date
is ninety (90) days after the passing of this resolution.
2. The final assessment roll for the project listed in
Resolution No. 91-17 has been filed with the Clerk to the Board.
3. The assessments as shown on the final assessment roll
that are not paid by the due date will be recorded by the County on the
public records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Marht , and the motion was seconded by Commissioner
Fgaert , and upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Aye
Vice -Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn R. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 9 day of November , 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN IVER COUNTY, FLORIDA
By
RICHARD N. BIRD,
Chairman
Attest:
JEFFREY K. B TQN, /f
Clerk
y �
FINAL ASSESSMENT ROLL IS ON FILE
IN THE OFFICE OF THE TAX COLLECTOR
WATER EXPANSION PLAN - PHASES IV, V, AND VI
The Board reviewed the following memo dated November 1, 1993:
55
L NOV - 91993
KOK 90 (IF t 000
NOV - 91993
DATE:
TO:
FROM:
STAFFED AND
PREPARED BY:
SUBJECT:
BACKGROUND:
NOVEMBER 1, 1993
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANC
DIRECTO
H. D. "
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
WATER EXPANSION PLAN
PHASES IV, V, AND VI
BOOK 90 MC)f 1001
On October 23, 1990, the Board of County Commissioners granted
conceptual approval of a major Water Expansion Plan to be
constructed in several phases. Phase I is completed, Phase II is
99% complete, and Phase III has been bid and awarded, with
construction to begin this month.
Phases IV, V, and VI are proposed as follows:
Phase IV:
No. of No. of
Subdivision Lots Parcels
Paradise Park 889 573
j Oslo Park (Units 2, 2A & 2B) 597 448
Nonplatted 32 32
Total 1,518 1,053
Phase V:
No. of No. of
Subdivision Lots Parcels
Glendale Park 93 50
Oslo Park (Including Units 3-7) 986 689
Grovenor Estates 398 335
Total 1,477 1,074
Phase VI:
No. of No. of
Subdivision Lots Parcels
Dixie Heights 703 546
Dixie Gardens 62 58
Piney Oaks 6 6
Nonplatted 29 29
Vero Lake Estates (Units H-1 & H-2) 716 500
Total 1,516 1,139
56
ANALYSIS:
These properties were arrived at by reviewing sizes of lots,
density, accessibility to nearby transmission mains, telephone
calls, and personal contact with homeowners, and agrees with HRS
regarding priority of need.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the project phases as
presented and authorize immediate negotiations with the
previously -approved engineering firms for design services related to
the projects.
Utility Services Director Terry Pinto reported that Utilities
Department and Planning Department staff met with Department of
Health officials to prioritize the expansion of water in the county
to meet Comprehensive Plan requirements and health concerns. The
phases are similar in size to make it fair for the engineers. The
projects are fairly large to attract more bidders and get a better
price for materials based on volume.
Mike Galanis, Environmental Health Director, indicated that he
agreed with the priorities set forth in staff's memorandum.
Commissioner Eggert hoped that some of these areas will become
available for affordable housing after utilities are in place.
Director Pinto indicated that having utilities will enable
areas with small lots that are presently unbuildable to be
developed.
Assessment Projects Manager Dan Chastain stated that a number
of builders have urged him to get water to these subdivisions as
soon as possible because they feel that having county utilities
will stimulate development. Vero Lake Estates, in particular, is
expected to be a growth area because it is near the new high
.,'school.
Director Pinto agreed that it is preferable to install water
lines before the lots are developed. Unfortunately, a number of
the lots are already developed and people will be unhappy about
having to pay an assessment, even those who admit they need better
water.
Commissioner Bird led discussion about the timing of the
phases, and Director Pinto explained that all of the projects will
- be started during 1994.
Chairman Bird understood that a number of vacaInt lots are
involved in these projects and asked whether we have had any
problems getting out-of-state owners to pay the assessments.
57
NOV - 91993
BOOK 90 1002
rNOV a 91993 �
BOOK 90 FacE10®�
Director Pinto responded that collecting assessments has not
been a problem.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Phases IV, IV and VI of the Water Expansion Plan and
authorized staff to negotiate with the previously
approved engineering firms for design services
related to the projects, as recommended by staff.
FORCE MAIN PROJECT, SOLID WASTE DISPOSAL DISTRICT WORK
AUTHORIZATION NO. 16
The Board reviewed the following memo dated October 27, 1993:
DATE: OCTOBER 27, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA R
FROM: TERRANCE G. PINT
DIRECTOR OF UT IL T VICES
STAFFED AND
PREPARED BY: TERRY H. DRUM
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
SUBJECT: FORCE MAIN PROJECT, SOLID WASTE DISPOSAL DISTRICT
WORK AUTHORIZATION NO. 16
INDIAN RIVER COUNTY PROJECT NO. US -93 -20 -CS
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
BACKGROUND:
Construction of the subject project has been completed, and the
contractor, Driveways, Inc., of Titusville, Florida, has made
application for final payment. The pay request includes a decrease
of $769.08, as reflected on Change Order No. 1 (see attached).
The labor cost decrease is due to:
1. The reduction in the linear footage of the 4" diameter
force main.
2. A decrease in the amount of seed and mulch.
3. The elimination of a tapping sleeve and valve, and tapping
fee, as compared to the original estimate.
ANALYSIS:
All Indian River County requirements have been met and our testing
has been satisfactorily completed. The original labor contract
price was $12,593.06, and the final labor contract price is
$11,823.98, which includes Change Order No. 1. The contractor has
previously been paid $10,298.94. This leaves a remaining balance of
$1,525.04.
58
RECOMMENDATION:
The Department of Utility Services recommends approval of the
attached Change Order No. 1, and Final Pay Request of $1,525.04, as
payment in full for services rendered.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 of Work Authorization No 16 and
final payment in the amount of $1,525.04 to
Driveways, Inc. as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
LEGISLATIVE DELEGATION LIST
Attorney Vitunac discussed the following list of requests for
the Legislative Delegation:
I.B. Indian River County - County Attorney
1. Request General Law amendment of Section 192.091, Florida Statutes,
which would remove exemption for school boards and municipalities
from paying their own commissions to Tax Collector and Property
Appraiser (Joseph Baird, County OMB Director)
2. Request adequate state funding of court system (Joseph Baird,
County OMB Director)
3. Request change in rules to allow insurance for larger buses for
transportation disadvantaged (County Commissioner Carolyn Eggert
and Assistant County Attorney Terrence P. O'Brien)
4. Request additional small business administration aid for small
counties (Allan Campbell, Chamber of Commerce)
5. Discuss state funding of closed -landfill clean-up costs for small
counties (Terrance Pinto, County Utilities Director)
6. Request change in CCNA to allow competitive bidding after short
listing consultants (Terrance Pinto, County. Utilities Director)
7. Request opposition to presumption that AIDS is contracted in the
line of duty (Beth Jordan, Risk Manager)
59
NOW - 9 1993
BOOK 90 FAA100y
NOV -P 194.
BOOK 90 PAGE 10.05
Commissioner Adams wanted to add a request for continued
support and funding of experimental beach projects.
After brief discussion, the consensus among the Board members
was to add that request to the list.
Commissioner Macht led discussion of Item 1, and Director
Baird explained that he did not think it was fair for the County to
pay all costs associated with tax collection, when we receive only
35 percent of total tax revenue.
NOTE: The following is a list of the actual requests that
were taken to the Legislative Delegation meeting:
LEGISLATIVE DELEGATION MEETING
November 17, 1993
I.B. Indian River County-- (Charles P. Vitunac, County Attorney)
1. Request change in rules to allow insurance for larger buses for
transportation disadvantaged (County Commissioner Carolyn Eggert
and Assistant County Attorney Terrence P. O'Brien)
2. Request additional small business administration aid for small
counties (Alan Campbell, Chamber of Commerce)
3. Request General Law amendment of Section 192.091, Florida Statutes,
which would remove exemption for school boards and municipalities
from paying' their own commissions to Tax Collector and Property
Appraiser (Joseph Baird, County OMB Director)
4. Request change in CCNA to allow competitive bidding after short
listing consultants (Terrance Pinto, County Utilities Director)
5. Request adequate state funding of court system (Joseph Baird,
County OMB Director)
6. Discuss state funding of closed -landfill clean-up costs for small
counties (Terrance Pinto, County Utilities Director)
7. Deliver letter regarding experimental artificial reef construction
for beach restoration (from County Commissioner Fran Adams)
.R
W M M
INTERIM SERVICES FEE
Commissioner Adams learned during the Value Adjustment Board
hearings that ad valorem taxes are not assessed on real estate
improvements until January 1 of the year following the year in
which the improvements were completed, and the final payment is not
due until March 31 of the next year. For example, on construction
that is completed in January, the property owners do not pay ad
valorem taxes for 2-1/4 years. She felt that a fee should be
charged for services received from the County prior to the due date
of the first ad valorem assessment. Conversely, she felt that it
might be appropriate to give credit for structures that are
destroyed by hurricane or fire or are torn down. She learned that
some areas charge an "interim services fee" and she wanted to set
up a committee to study that concept. She noted that West Palm
Beach is considering such a plan and Orlando already has one in
place.
Commissioner Eggert thought it would be a good idea for staff
to work with the Property Appraiser's office on this.
Chairman Bird wondered why State law has not dealt with this
problem.
Attorney Vitunac explained that every time legislation is
introduced it is voted down. He cautioned that this would have to
be structured as a fee rather than a tax, because partial year tax
assessments are illegal in Florida.
Commissioner Adams suggested that the following individuals be
included on the committee: Property Appraiser David Nolte;
Building & Zoning Director Esther Rymer; Community Development
Director Bob Keating; OMB Director Joe Baird; Assistant County
Attorney Terry O'Brien; Stevan Hall of the Associated General
Contractors; a representative of the School Board, and
representatives from the Board of Realtors and Chamber of Commerce.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Macht, to set up an ad hoc study
committee comprised of the above individuals to
research the possibility of an interim services fee.
Under discussion, Commissioner Eggert asked whether this
needed to be a formal committee since there would be no elected
officials meeting with each other.
Attorney Vitunac advised that the more we call it a committee
and include outside people, the more it becomes something formal.
He suggested assigning someone from Director Keating's office to
take minutes.
G*I
NOV - 9103
BooK Q [', �1Q06
I
NOV - 91993 BOOK 90 PAGE'1007
Commissioner Adams proposed that we formalize the group, and
indicated that she expected this project to be completed in about
6 months.
Chairman Bird cautioned that we should not do anything that
would have a negative impact on the economic recovery we finally
are starting to experience in this county.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DISCUSSION REGARDING NEWLY -FORMED INTERGOVERNMENTAL COMMITTEE
Commissioner Eggert noticed this meeting on the list of
meetings for the week of November 8-12 and she expressed concern
that the group is now a public committee. She understood that this
group was put together with the hope of bringing forward
suggestions on ways to lower taxes. She agreed that it is
important to find ways to lower taxes, but she was concerned about
procedures. It had been her hope that the 5 Commissioners would
hold special meeting workshops, using information from staff along
with their own ideas, to consider privatization and other ways to
lower taxes and then bring in the constitutional officers to see
how this would interact with what they are doing before going out
to the municipalities.
Commissioner Macht recalled that he advised the Board at the
BCC meeting of October 5, 1993, that he intended to research ways
to decrease taxes. He read aloud from the memo he presented to
the Board at that meeting:
October 4, 1993
TO: BOARD OF COUNTY COMMISSION
FROM: Kenneth R. Macht, County CommissionerAM
RE: Addition to Agenda, Discussion regarding Federal
Mandates and Other Bugetary Matters
I am sorry for the necessity to ask your indulgence in adding
this item outside of the normal process. I had planned on its
inclusion in early November after completing one additional study
on the effect of mandates and other legislative requirements.
The attached will inform you that this plan has been overtaken by
events.
CE
� r �
- ® M
The campaign mounted by NACo to oppose federal unfunded mandates
is scheduled for a culmination on October 27th. The packet we
have received suggests a number of actions that we might take. I
suggest that formulation of a resolution to our delegation be
drafted and sent as a beginning. The sample in the backup seems
adequate.
There is much drivel in the press about "re -inventing
government". Federal government was empowered to maintain
national defense, regulate interstate commerce and count heads
every ten years. There is no language in the Constitution
that authorizes social and the myriad other wasteful programs.
Ending unfunded mandates is a vital element in returning
reality to the legislative process. The ability of one level
of government to impose fiscal requirements on another without
their consent is very akin to "Taxation Without Representation",
and should be ended!
The citizens of Indian River County have had little opportunity
to be aware of or understand the effect of unfunded mandates,
unfunded or partially funded social programs, unnecessary
mandatory monitoring and testing in our utility systems and etc.
We have not been as forthcoming on information about the longterm
financial requirements of major capital projects as the library,
courthouse and environmental land purchases.
We have the opportunity to correct this deficiency by holding
quarterly budget/management workshops to fully assess the
progress and to fully inform county citizens. The best way to
gain the widest possible dissemination is via television
transmission through the cable systems. The capability to do
this exists by several means. There is no excuse for not
doing so.
There are many opportunities for cost savings through cooperation
with municipal governments, the board of Education and
constitutional offices. It is in the best interest of county
citizens that we explore these opportunities through increased
communication. There are at least four governmental vehicle
repair facilities for example. It seems likely that some degree
of consolidation would be possible. It is our responsibility to
see that the opportunities are evaluated.
Commissioner Macht's understanding from the discussion at that
meeting was that Chairman Bird wanted him to let the Commissioners
know when the information was ready for their consideration so that
a special workshop meeting could be scheduled. He assumed that the
basis for Commissioner Eggert's concern was that she saw the
meeting schedule where, under the advice of the County Attorney, a
meeting was convened that included the constitutional officers, a
member of the School Board, and one person from each municipal
government. He stressed that this is merely a discussion and not
a decision-making process.
Commissioner Eggert pointed out that staff is already working
on privatization, and she was concerned about duplicating things
that are being done in-house and using extra staff time.
63
�N'OV - 91993
�NOV - 91993
BOOK 90 PAGE 1009
Commissioner Macht emphasized that a minimal amount of staff
time is involved. It has been his observation that the County, the
municipalities and, to some degree, even constitutional officers
operate separately and often are at odds with each other. There
are areas where cooperation and perhaps a mutual effort could save
the taxpayers some money. He would like to see a time come when
all the groups can sit down together in a quarterly or bi-annual
workshop to consider anything that would benefit the general
welfare of the citizens. He felt that we ought to give more
consideration to dealing with everything as a county, not as county
government or city government. He stressed that an elected County
Commissioner has not only the right, but the responsibility to use
whatever resources he can to gather information to do his job. He
asked for the consensus of the Board.
County Attorney Charles Vitunac advised that if two or more
members of one governing body are present at the same meeting, the
meeting is subject to the Government in the Sunshine Law. If those
present at Commissioner Macht's meeting are just having informal
discussions, there is no problem. There is a dividing line
somewhere between a group that just meets to talk and one which is
formal. Commissioner Macht's idea is to have a group get together
without any by-laws or any name or anything -- just whoever wants
to meet in a room and talk -- with only one member present from
each governing body.
Commissioner Tippin felt that this group should be a formal
committee to prevent confusion, and Commissioner Adams suggested
that we allow the group to proceed on an informal basis. She did
not see any difference between meeting informally one on one or
meeting as a group, and meeting as a group does save time.
Chairman Bird understood that the meetings are just informal,
casual brainstorming discussions on where and how to eliminate
unfunded mandates and duplication of costs among various government
entities in order to decrease taxes. He thought the indication
given by Commissioner Macht was that he would keep the group on an
informal level at least at the initial meetings. However, if it
reaches a more formal level, we will change the status.
M
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:55 a.m.
ATTEST:
J. Barton, Clerk
N OV - 91993
Richard N. Bird, Chairman
65
PCOK 90 � "Jr -1010