HomeMy WebLinkAbout1/11/1994MINUTESWTTACIIED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 11, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht, Vice Chairman (Dist. 3)
Fran B. Adams ( Dist. 1)
Richard N. Bird ( Dist. 5 )
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
***********************************************t
o.nn a Re
1. CALL TO ORDER
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
13-B Abandoned Dubose Cemetery in Gifford
13-C Budget Workshop
13-D-1 Report on Beach Committee meeting
13-D-2 Resolution supporting Sebastian Inlet expansion
14-B SWDD Grove Fruit Harvest
5. PROCLAMATION AND PRESENTATIONS
Second Quarter Safety Award
(memorandum dated January 3, 1994)
6. APPROVAL OF MINUTES
A. Regular Meeting of December 14, 1993
B. Special Meeting of December 14, 1993
7. CONSENT AGENDA
A. Received and on file in office of Clerk to
the Board: Fla. Inland Navigation District
Board of Commissioners Board Meeting and
Workshop Schedule
B. Proclamation Honoring Retiring Employee - John
Guiliano - Buildings and Grounds Department
C. Occupational Licenses Collected - Month of
December, 1993
(memorandum dated January 4, 1994)
D. Release of Utility Liens
( memorandum dated December 30, 1993 )
E. Community Services Block Grant Housing Rehabili-
tation Program Application
( memorandum dated January 3, 1994 )
66._JAN 111994 Boa 91 F,�iu 440
� SAN 111994
BOOK 91 FADE 441
7. CONSENT AGENDA (cont'd. ):
F. Misc. Budget Amendment 006
(memorandum dated January 5, 1994)
G. Cancellation of Outstanding Taxes
Properties Purchased for County Use
(memorandum dated January 3, 1994)
H. Appointment of Susan Wilson to Parks and
Recreation Committee
(memorandum dated January 5, 1994)
I. Appointment of Jerry D. Johnson to Agricultural
Advisory Committee
(memorandum dated January 5, 1994)
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Sable Trace of Vero Beach, L.P. , A Georgia
Limited Partnership, Request to Rezone
Approx. 24 Acres from RMH-8 to RS -6
(memorandum dated January 5, 1994)
2. Petition Water Service in Green Acres
Estates (47th Ave., south of 9th St.)
Resolution III
(memorandum dated January 3, 1994)
3. AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
AMENDING CHAPTER 103, COMMISSIONS AND
BOARDS, OF THE CODE OF INDIAN RIVER
COUNTY, TO IMPLEMENT SECTION
112.3143(5), F.S., CONCERNING VOTING
CONFLICTS AND TO REMOVE THE APPEAR-
ANCE OF IMPROPRIETY BY COMMISSION,
BOARD OR COMMITTEE MEMBERS CONCERN-
ING VOTING CONFLICTS
( memorandum dated December 30, 1993) _
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. County Surplus Lands
(memorandum dated January 4, 1994)
2. Condemnation, Demolition and Removal of
Unsafe Structures:
* 4176 Old Dixie Highway - 8 Structures
* 4335A 30th Ave. - Accessory Structure
* 41st St. & 29th Ave. - Residential
Structure
* 12936 100th Place -Residential Structure
( memorandum dated December 16, 1993 )
11. DEPARTMENTAL MATTERS (cont'd. ):
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Fla. Boating Improvement Program - Blue
Cypress Lake Park Restroom Facilities
(memorandum dated January 3, 1994)
2. Blue Cypress Lake Cooperator Agreement
(memorandum dated January 3, 1994) -
3. 1993 SBA National Small Business Tree
Planting Program for Round Island Park
(memorandum dated January 4, 1994)
4. 43rd Ave. Bridge Replacement - C.O. #1
( memorandum dated January 4, 1994 )
5. Resolutions to Provide for the Paving and
Drainage Improvements to and set Public
Hearing date for: 33rd St. (Cherry Lane)
between 66th Ave. E 58th Ave.
(memorandum dated January 3, 1994)
H. UTILITIES
West -Central Reuse Water Transmission
Main Project Change Order No. 1 and Final
Payment Request
(memorandum dated January 4, 1994)
12. COUNTY ATTORNEY
1993 Occupational License Tax Amendments
( memorandum dated December 27, 1993 )
13. COMMISSIONERS ITEMS
A. COMMITTEE APPOINTMENTS
memorandum dated December 27, 1993 )
B. CHAIRMAN JOHN W. TIPPIN
C. VICE CHAIRMAN KENNETH R. MACHT
BOOK 91 FAGE 442
LAN 111994
r JAN 1 i 1994
13. COMMISSIONERS ITEMS (cont'd. ):
D. COMMISSIONER FRAN B. ADAMS
E. COMMISSIONER RICHARD N. BIRD
F. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
soOK 91
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, January 11, 1994
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, January 11,
1994, at 9:00 o'clock a.m. Present were John W. Tippin, Chairman;
Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert;
and Richard N. Bird. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Adams led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Tippin requested the addition as Item 13-B of a
discussion regarding the Gifford Cemetery.
Commissioner Macht requested the addition as Item 13-C of a
request for a budget workshop to be held some time in February.
Commissioner Adams requested two additions:
As Item 13-D-1, a request from the Beach & Shore
Preservation Committee.
As Item 13-D-2, a resolution supporting Sebastian Inlet
extension.
Administrator Chandler requested the addition of a meeting of
the Solid Waste Disposal District to discuss the sale of the 1993-
94 orange grove crop.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously added the
above items to today's Agenda.
SECOND QUARTER SAFETY AWARD
�r
Chairman Tippin read aloud the following award and presented
it to Lori Kowalski with the Board's congratulations:
BOOK, 91 FAGS 44
LJAN 111994
r JAM It 1994 BOOK
QUARTERLY SAFETY AWARD
Ms. Lori -Kowalski of the Accounting Division of Utility Services is
hereby awarded the Second Quarter Safety Award of 1994. The—
Quarterly Safety Award is presented to the individual, section,
'division, or department that exemplifies safety and loss prevention
for Indian River County's Self-insurance program. Ms. Kowalski,
through her initiative is responsible for an innovative and creative
annual orientation program for the Utility Services Department.
This program attended by employees annually and held monthly,
informs employees of Department of Labor, Division of Safety rules
and regulations, along with Indian River County Personnel policies
and procedures.
Additionally, this program informs Utility Services employees of the
proper methods for reporting and documenting 'any workers'
compensation or general liability claims. Ms. Kowalski is also
active in the process of investigation and loss prevention of claims
involving the Utility Services Department.
it is with great honor that the Second Quarter Safety Award is
presented to the Ms. Lori Kowalski of the Accounting Division of
Utility Services.
91 PAGUE 445 -7
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of December 14, 1993 or to
the Special Meeting of December 14, 1993. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of 12/14/93 and
the Special Meeting of 12/14/93, as written.
CONSENT AGENDA
Commissioner Eggert requested that Item E be removed for
discussion, and Commissioner Adams requested that Item F be removed
also.
A. Report
Received and placed on file in the office of the Clerk to
the Board:
Fla. Inland Navigation District Board of Commissioners
Board Meeting and Workshop Schedule
E
B. Proclamation - Retirement of John Guiliano. Building & Grounds
insert Proclamation)
P R O C L A M A T I O N
WHEREAS, John J. Guiliano announces his retirement from Indian
River County Board of County Commissioners effective January 13,
1994.
WHEREAS, John J. Guiliano was hired on January 11, 1982, with
Building & Grounds, as a Custodian. In 1988 his position was
reclassified -to a Custodian II which is the position he currently
holds.
WHEREAS, John J. Guiliano has become the unofficial moving
coordinator for the County. He has planned, coordinated, and
executed the relocation of the North County Library, Main Library,
Health Department, and the Administrative Annex. His work and
efforts on these projects have saved thousands of dollars in moving
expenses. Although the large projects may get the recognition, it
is the daily work habits, cooperation and initiative that sets John
apart from others. His willingness to provide service has set a
standard for the entire Cpunty. He will be missed by all.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of Indian River County wishes to express its appreciation
for the performance and dedication of John J. Guiliano.
BE IT FURTHER PROCLAIMED that the Board wishes him the very
best in his future endeavors.
Dated this 11th day of January 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
John W. Tip i
3
SAN 111994 B.00K 91 F-,�Iu 446
r JAN 11, 1994
Boa 91 P, cu 447 �
C. Occupational License Report - Month of December, 1993
NMORANDUK
TO: Board of County Commissioners
FROM: Rail Zimmermann, Tau Collector
SUBJECT: Occupational Licenses
DATE: January 4, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $4,125.19 was collected in occupational license taxes
during the month of December 1993, representing the issuance of
157 licenses.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the Occupational Licenses Report for the Month of
December, 1993.
D. Release of Utility Liens
The Board reviewed the following memo dated 12/30/93:
TO: BOARD
OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: December 30, 1993
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1. Satisfaction of Impact Fee Lien Extension:
DEMARSHALL
2. 3ummerplace Water Project:
GROFF
4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the above Satisfaction of Impact Fee Lien
Extensions, as recommended by staff.
SATISFACTIONS OF LIENS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
E. Community Services Block Grant Housing Rehabilitation Program
Application
The Board reviewed the following memo dated 1/3/94:
TO: The Honorable Members of the DATE: January 3, 1994 FILE:
Board of County Connissioners
THROUGH: H. T. "Sonny" Dean, Direcfi�o
General Services
SUBJECT: Commnmity Services Block Grant
Housing Rehabilitation Program
Application
FROM: Guy L. Decker, Jr.- REFERENCES:
Executive Director
I.R.C. Housing Authority
It is recam=ded that the data herein presented be given formal consideration by
The County Commission.
DESCRIPTION AND CONDI`M:
The State of Florida's Department of Conmmity Affairs advised Indian River County
they will accept application for projects to be funided through the Comnun ty Services
Block Grant (CSBG) for local activities to assist low-incame individuals. Section 675
(C) (1) (a) through (E), Public 1,aw, 97-35, as amended, and Administrative Rule 9B-22,
Florida Administrative Code, provide the criteria for such projects. These grants will
be for a six-month.period from April 1, 1994 through September 30, 1994, and the alloca-
tion for Indian River County to cover administrative costs is $6,016. Applications
must be postmarked no later than February 1, 1994,
The Indian. River County Housing Authority is the nonprofit subgrantee for the
Indian River County Commissioners. The program covered under this grant will provide
rehabilitation consulting services which will activate rehabilitation funding from
governmental sources.
The Farmers Home Administration Section 504 Program provides housing rehabilitation
funds in the form of (1) law -interest loans, (2) loans and grants, and (3) grants to the
law -income elderly owner -occupant. 'There are approximately 600 owner -occupied substandard
housing units suitable for rehabilitation in Indian River County. Low-income and elderly
families lack the money to make their 4iomes safe and sanitary.
This proggrram will be targeted in the three most distressed areas of the County in
Sebastian, W, aasso and Winter Beach. We plan on assisting between S and 14 low-income
and elderly owners in bringing their homes up to"safe and sanitary standards.
5
L_ JAN 111994 BOOK 91 Fa,F 448
r JAN 111994
BOOK 91 FACE 449
ALTERNATIVE AND ANALYSIS:
This is our twelfth funding cycle under legislation passed by Congress which con-
solidated various social programs into the block grant categories for administration by
the State and local government, and raids not applied for from the Community Services
Block Grant Program will be redistributed among counties that make application.
RECOPMENDATION AND FUNDING:
We respectfully request the County Commission to authorize its Chairman, to execute
the Community Services Block Grant Program Application for submission to Florida's
Department of Cammniity Affairs along with the required accompanying Resolution.
This program will bring about improvements in safety and sanitation for approxi-
mately 14 homeowners,., 'The average cost.of improvements will be X5,000 per unit. The
$6,016 Grant pluEf $2-,697 of cash and in-kind contribution by the Housing Authority would
be supplemented with about $72,000,00 in loans and grants from the Farmers Home
Administration;
This program requires no additional County Funds.
Commissioner Eggert asked what is happening with the Farmers
Home Administration, and Guy L. Decker, Director of the IRC Housing
Authority, explained that. right now the FHA is embroiled in the
reorganization of the inter -governmental agencies, particularly
FaHA and HUD. Our application for the next 100 units of farm labor
housing in Gifford is being held up in the State office located in
Gainesville until this reorganization becomes a reality. This
little program that we do every year is the $6,000 grant that goes
towards the administrative costs. We get the money to actually do
the repairs on the FaHA loan and grant program, but they have split
our county in half and now we can concentrate only on the northern
part of the county.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-4, authorizing application for a
Housing/Rehabilitation Program to Assist Low-income
Families as administered by the Florida Department
of Community Affairs.
G
RESOLUTION NO.- 94- 04
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION
FORA HOUSING REHABILITATION PROGRAM TO ASSIST
LOW-INCOME FAMILIES AS ADMINISTERED BY THE STATE
OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the Board of County Commissioners of Indian River
County has reviewed this proposal and has received the recom-
mendation from the Executive Director of the Indian River County
Housing Authority,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman
and the Clerk of the Board of County Commissioners are authorized
to execute the attached Application to the State of Florida's
Department of Community Affairs for a Community Services Block
Grant Program (CSBG).
The foregoing resolution was offered by Commissioner Eggert
who moved its adoption. The motion was seconded by Commissioner
Bird and,"upon being put to -a vote, -the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 11 day of January, 1994..
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
. B y
John W. Tippi , Chai an
ATTEST:
Clarkto he Board
JAN It 1994
VA
Bou 91 Pmu 450
r JAN 111994
BOOK 91 FACE 451 -7
F. Misc. Budget Amendment 006
The Board reviewed the following memo dated 1/5/94:
TO: Members of the Board
of County Commissioners
DATE: January 5, 1994
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 006
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director �*
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. The Board of County Commissioners approved funding to construct
a PEP reef located off the shore of Vero Beach. This budget
amendment allocates funding for costs incurred to date in FY 93/94.
Application Permit FDEP Division
of Beaches and Shores
$20,000
Application Permit Bureau of Wetlands
$500
50% payment of American Coastal
Engineering Pay Request
$2,870
Engineering Services of Coastal Tech. Corp.
$16,811
2. The Board of County Commissioners agreed to allocate $5,000 on a
one time basis to assist the school board in the transition of the After
School Program.
3. At their November 23, 1993 meeting, the Board of County
Commissioners approved the request from the Gifford Progressive
League to increase the wattage of the street lights along Martin
Luther King Blvd. The approalmate cost for FY 1993/94 is $1,120.00
4. The attached budget amendment appropriates funding for 1993/94
salary raises as approved by the Board of County Commissioners.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 006.
8
Commissioner Adams asked the amount of the bottom line of this
budget amendment, and OMB Director Joe Baird advised that the
amount of the salary budget amendment is $263,550, which is a
little higher than what was anticipated.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
Budget Amendment 006, as recommended by OMB Director
Baird.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird(T
OMB Director
BUDGET AMENDMENT: 006
DATE: January 5. 1994
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
Tourist Development/
Offshore Reef
119-144572-067.63
$23,370
$0
Reserve for Contingency
119-144-581-099.91
$0
$23,370
EXPENSE
Engineering Services
119-145-572-033.13
$16,811
$0
Reserve for Contingency
119-145-581-099.91
$0
$16,811
2.
EXPENSE
General Fund/Recreation
Other Contractual Services
001-108-572-033.49
$5,000
$0
Reserve for Contingency
001-199-581-099.91
$0
$5,000
3.
EXPENSE
M.S.T.U./
Transfer Out
004-199-581-099.21
$1,120
$0
Reserve for Contingency
004-199-581-099.91
$0
$1,120
REVENUE
GIFFORD STREETLIGHTS/
Transfer In
181-000-381-020.00
$1,120
$0
EXPENSE
Electric Service
181-280-541-034.31
$1,120
$0
4.
See attached
P1
BOOK 91 FAcF 452
r JAN I 1 1994
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
GENERAL FUND
BOARD OF COUNTY COMMISSIONERS
Executive Salaries
001-101-511-011-11
Regular Salaries
—011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
COUNTY ATTORNEY'S OFFICE
Regular Salaries
001-102-514-011-12
Other Salaries
—011-13
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
RECREATION
Regular Salaries
Other Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
MAIN LIBRARY
Regular Salaries
Other Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
001-108-572 —011-12
—011-13
—012-11
—012-12
—012-13
—012-14
—012-17
001-109-571 —011-12
—011-13
—012-11
—012-12
—012-13
—012-14
—012-17
NORTH COUNTY LIBRARY
Regular Salaries
001-112-571 —011-12
Other Salaries
—011-13
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
SOIL CONSERVATION
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
LAW LIBRARY
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
001-118-537 —011-12
—012-11
—012-12
—012-13
—012-14
—012-17
001-119-516 —011-12
—012-11
—012-12
—012-13
—012-14
—012-17
SALARY BUDGET AMENDMENT
INCREASE DECREASE
10
1,375
85
244
10
7
20
4,283
236
204
586
20
16
48
3,315
246
271
776
25
248
63
6,938
,592
467
1,337
40
36
109
3,509
306
237
677
20
18
55
638
40
113
5
3
9
351
22
62
5
2
5
BOOK
91 F'Aln 45:3
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
INCREASE DECREASE
COUNTY ADMINISTRATO
Regular Salaries
001-201-512-011-12
2,167
Social Security
—012-11
134
Retirement
—012-12
385
Life Insurance
—012-13
5
Worker's Compensation
—012-14
10
Medicaid
—012-17
31
GENERAL SERVICES
'Regular Salaries
001-202-513-011-12
1,244
Social Security
—012-11
77
Retirement
—012-12
221
Life Insurance
—012-13
10
Worker's Compensation
—012-14
6
Medicaid
—012-17
18
PERSONNEL
Regular Salaries
001-203-513-011-12
2,113
Social Security
—012-11
131
Retirement
—012-12
375
Life Insurance
—012-13
15
Worker's Compensation
—012-14
10
Medicaid
—012-17
31
VETERAN'S SERVICES
Regular Salaries
001-206-553 —011-12
1,603
Social Security
—012-11
99
Retirement
—012-12
285
Life Insurance
—012-13
10
Worker's Compensation
—012-14
8
Medicaid
—012-17
23
EMERGENCY MANAGEMENT
Regular Salaries
.001-208-525-011-12
2,049
Social Security
—012-11
127
_ Retirement
—012-12
364
_ Life Insurance
—012-13
15
Worker's Compensation
—012-14
.10
Medicaid
—012-17
30
PARKS
Regular Salaries
001-210-572-011-12
6,646
Other wages
—011-13
103
Social Security
—012-11
418
Retirement
—012-12
1,198
Life Insurance
—012-13
35
Worker's Compensation
—012-14
383
Medicaid
—012-17
98
WELFARE
Regular Salaries
001-211-564 —011-12
1,084
Social Security
—012-11
67
Retirement
—012-12
192
Life Insurance
—012-13
10
Worker's Compensation
—012-14
5
Medicaid
—012-17
16
AG EXTENSION
Regular Salaries
001-212-537-011-12
998
Social Security
—012-11
62
Retirement
—012-12
177
Life Insurance
—012-13
5
Worker's Compensation
—012-14
5
Medicaid
—012-17
14
SALARY BUDGET AMENDMENT
11
JAN i 1199A
BOOK 91 PDGF. 4 54
JAN 11 1994 BOOK 91 FADE 455
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
INCREASE DECREASE
YOUTH GUIDANCE
Regular Salaries
001-213-523-011-12
1,289
Social Security
—012-11
80
Retirement
—012-12
229
Life Insurance
—012-13
10
Worker's Compensation
—012-14
6
Medicaid
—012-17
19
PURCHASING
Regular Salaries
001-216-513-011-12
1,621
Social Security
—012-11
101
Retirement
—012-12
288
Life Insurance
—012-13
10
Worker's Compensation
—012-14
8
Medicaid
—012-17
24
BUILDING AND GROUNDS
Regular Salaries
001-220-519-011-12
6,878
Social Security
—012-11
426
Retirement
—012-12
1,221
Life Insurance
—012-13
35
Worker's Compensation
—012-14
475
Medicaid
—012-17
100
OFFICE OF MANAGEMENT AND BUDGET
Regular Salaries
001-229-513 —011-12
2,261
Social Security
—012-11
140
Retirement
—012-12
401
Life Insurance
—012-13
20
Worker's Compensation
—012-14
18
Medicaid
—012-17
33
REP GRANT
"
Regular Salaries
001-237-525 —011-12
433
Social Security
—012-11
27
Retirement
—012-12
77
Life Insurance
—012-13
5
_ Worker's Compensation
—012-14
2
Medicaid
—012-17
6
ANIMAL CONTROL
Regular Salaries
001-250-562-011-12
1,595
Social Security
—012-11
99
Retirement
—012-12
283
Lire Insurance
—012-13
10
Worker's Compensation
—012-14
100
Medicaid
—012-17
23
MAILROOMS WITCHB OARD
Regular Salaries
001-251-519-011-12
530
Other Salaries
—011-13
279
Social Security
—012-11
50
Retirement
—012-12
144
Life Insurance
—012-13
5
Worker's Compensation
—012-14
4
Medicaid
—012-17
12
CIRCUIT COURT
Regular Salaries
001-901-516-011-12
192
Social Security
—012-11
12
Retirement
—012-12
34
Life Insurance
—012-13
5
Worker's Compensation
—012-14
1
Medicaid
—012-17
3
SALARY BUDGETAMENDMENT
12
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
INCREASE DECREASE
PROBATION
Regular Salaries
001-908-523-011-12
2,030
Social Security
—012-11
126
Retirement
—012-12
360
Life Insurance
—012-13
15
Worker's Compensation
—012-14
127
Medicaid
—012-17
29
Reserve for Salaries
001-199-581 —099-88
Reserve for Contingency
001-199-581 —099-91
MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.)
NORTH COUNTY RECREATION
Regular Salaries
004-108-572 —011-12
931
Other Wages
—011-13
85
Social Security
—012-11
63
Retirement
—012-12
180
Life Insurance
—012-13
10
Worker's Compensation
—012-14.
58
Medicaid
—012-17
15
PLANNING AND DEVELOPMENT
Regular Salaries
004-204-515 —011-12
1,407
Social Security
—012-11
87
Retirement
—012-12
250
Life Insurance
—012-13
10
Worker's Compensation
—012-14
7
Medicaid
—012-17
20
C�41/ ����1f1;` ►i►1 f �f�
Regular Salaries
004-205-515-011-12
6,319
Social Security
—012-11
392
Retirement
—012-12
1,122
Life Insurance
—012-13
35
Worker's Compensation
—012-14
30
Medicaid
—012-17
92
CODE ENFORCEMENT
Regular Salaries
004-207-524-011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
FRANCHISE ADMINISTRATION
Regular Salaries
004-234-537 —011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
=012-17
Reserve for Salaries 004-199-581-099-88
HOUSING AUTHORITY
Regular Salaries
107-226-554-011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
Revenue Transfer In
107-000-389 —020-00
GIF Transfer Out
001-199-581 —099-21
G/F Reserve for Contingency —099-91
SALARY BUDGET AMENDMENT
1,775
110
315
10
17
26
190
12
"34
5
1
3
880
55
156
5
4
13
1,113
1,113
13
71,933
1,173
13,610
1,113
BOOK 91 FAG, X56
L'JAN . 199
F- JAN I 11994 BOOK 91 PnE457
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
SALARY BUDGET AMENDMENT
14
INCREASE
DECREASE
RENTAL ASSISTANCE
Regular Salaries
108-222-564-011-12
1,166
Social Security
—012-11
72
Retirement
—012-12
207
Life Insurance
—012-13
10
Worker's Compensation
—012-14
6
Medicaid
—012-17
17
Reserve for Salaries
108-222-564 —099-88
1,478
TRANSPORATION FUND
ROAD AND BRIDGE
'
Regular Salaries
111-214-541-011-12
24,160
Social Security
—012-11
1,498
Retirement
—012-12
4,288
Life Insurance
—012-13
125
Worker's Compensation
—012-14
1,585
Medicaid
—012-17
350
PUBLIC WORKS
Regular Salaries
111-243-519-011-12
3,301
Social Security
—012-11
205
Retirement
—012-12
586
Life Insurance
—012-13
20
Worker's Compensation
—012-14
16
Medicaid
—012-17
48
ENGINEERING
Regular Salaries
111-244-541 —011-12
8,240
Social Security
—012-11
511
Retirement
—012-12
1,463
Life Insurance
—012-13
45
Worker's Compensation
—012-14
80
Medicaid
—012-17
119
- TRAFFIC ENGINEERING
" Regular Salaries
111-245-541 —011-12
5,321
Social Security
—012-11
330
Retirement
—012-12
944
Life Insurance
—012-13
30
Worker's Compensation
—012-14
52
Medicaid
—012-17
77
Reserve for Salaries
111-199-581 —099-88
53,171
Reserve for Contingencies
—099-91
2Z3
EMERGENCY SERVICE
DISTRICT
r
•
FIRE
Regular Salaries
114-120-522-011-12
4,476
Other Salaries and Wages
—011-13
125
Social Security
—012-11
285
Retirement
—012-12
817
Life Insurance
—012-13
25
Worker's Compensation .
—012-14
280
Medicaid
—012-17
: ' 67
Reserve for Salaries 114-120-522 —099-88
6,074
SALARY BUDGET AMENDMENT
14
SALARY BUDGET AMENDMENT — 06
FOR FISCAL YEAR 1993/94
INCREASE DECREASE
ALS
Regular Salaries
114-253-526-011-12
3,742
Social Security
—012-11
232
Retirement
—012-12
664
Life Insurance
—012-13
20
Worker's Compensation —012-14
228
Medicaid
—012-17
54
Reserve for Salaries
114-253-526 —099-88
COMMUNICATIONS
Regular Salaries
120-133-519-011-12
323
Social Security
—012-11
20
Retirement
—012-12
57
Life Insurance
—012-13
5
Worker's Compensation
—012-14
2
Medicaid
—012-17
5
Reserve for Salaries
120-133-581 —099-88
PETITION PAVING
Regular Salaries
173-214-541 —011-12
4,256
Social Security
—012-11
264
Retirement
—012-12
755
Life Insurance
—012-13
25
Worker's Compensation
—012-14
279
Medicaid
—012-17
62
Reserve for Salaries
173-214-581 —099.88
173-214-541035-29
SOLID WASTE
DISPOSAL DISTRICT
d
REFUSE
Regular Salaries
411-209-534-011-12
1,911
Social Security
—012-11
118
Retirement
—012-12
339
Life Insurance
—012-13
10
Worker's Compensation
—012-14
285
Medicaid
—012-17
28
LANDFILL
Regular Salaries
411-217-534-011-12
9,860
Social Security
—012-11
611
Retirement
—012-12
1,750
Life Insurance
—012-13
50
Worker's Compensation
—012-14
955
Medicaid
—012-17
143
RECYCLING
Regular Salaries
411-255-534-011-12
5,492
Social Security
—012-11
341
Retirement
—012-12
975
Life Insurance
—012-13
30
Worker's Compensation
—012-14
532
Medicaid
—012-17
80
Reserve for Salaries
411-217-534 —099-88
Cash Forward
411-217-534-099-92
15
4,940
412
5533
108
23,010
S00
sooK 91 F�Act 458
LZ
JAN 111994
-
r194
JAN 1
SALARY BUDGET AMENDMENT - 06
FOR FISCAL YEAR 1993/94
INCREASE DECREASE
GOLF COURSE
OPERATIONS
Regular Salaries
418-221-572-011-12
4,792
Other Wages
—011-13
223
Social Security
—012-11
311
Retirement
—012-12
890
Life Insurance
—012-13
30
Worker's Compensation
—012-14
285
Medicaid
—012-17
69
FOOD AND BEVERAGE
Regular Salaries
418-232-572-011-12
872
Other Wages
—011-13
404
Social Security
—012-11
79
Retirement
—012-12
226
Life Insurance
—012-13
10
Worker's Compensation
—012-14
12
Medicaid
—012-17
19
PRO SHOP
Regular Salaries
418-236-572 —011-12
3,465
Other Wages
—011-13
1,714
Social Security
—012-11
321
Retirement
—012-12
919
Life Insurance
—012-13
30
Worker's Compensation
—012-14
294
Medicaid
—012-17
75
Reserve for Salaries
418-221-581 —099-88
15,019
Cash Forward
418-236-572-099-92
23
BUILDING DIVISION
Regular Salaries
441-233-524 —011-12
6,865
Social Security
—012-11
426
- Retirement
—012-12
1,219
- Life Insurance
—012-13
35
Worker's Compensation
—012-14
67
Medicaid
—012-17
100
Reserve for Salaries
441-233-581 —099-88
8,710
UTILITIES
WASTEWATER
Regular Salaries
471-218-536-011-12
11,013
Social Security
—012-11
683
Retirement
—012-12
1,955
Life Insurance
—012-13
60
Worker's Compensation
—012-14
547
Medicaid
• —012-17
160
WATER
Regular Salaries
471-219-536 —011-12
15,779
Social Security
—012-11
978
Retirement
—012-12
2,801
Life Insurance
—012-13
80
Worker's Compensation
—012-14
784
Medicaid
—012-17
229
SALARY BUDGET AMENDMENT
16
600K 91. PnE 459
SALARY BUDGET AMENDMENT — 06
•
FOR -FISCAL YEAR 1993/94
GENERAL
471-257-536-011-12
Social Security
—012-11
Regular Salaries
471-235-536-011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
SLUDGE FACILITY
Regular Salaries
471-257-536-011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
Reserve for Salaries
471-235-581 —099-88
471-218-536 —035-29
471-219-536 —035-29
FLEET MANAGEMENT
Regular Salaries
501-242-591 —011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
Reserve for Salaries
501-242-581 —099-88
Gas/Diesel
501-242-591 —035-53
RISK MANAGEMENT
Regular Salaries
502-246-513-011-12
Social Security
—012-11
Retirement
—012-12
Life Insurance
—012-13
Worker's Compensation
—012-14
Medicaid
—012-17
Reserve for Salaries
502-246-581-099-88
I CREASE DECREASE
17
8,248
511
1,464
45
40
120
778
48
138
5
2,791
11
4,160
258
738
25
264
60
1,379
85
245
10
7
20
45,657
1,805
1806
5,362
143
1,746
JAN 111994 Boa 91 PAGF 460
JAN 11 1994
BOOK 91 FA,F 461 -7
G. Cancellation of Outstanding Taxes - Properties Purchased for
County Use
The Board reviewed the following memo dated 1/3/94:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CIA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: January 3, 1994
RE: CANCELLATION OF OUTSTANDING TAXES
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.
Attachments: 4 Resolutions
(1)
Parcel #1 -
5th
Street, SW
Edmund N. &
Ronald M. Ansin
(2)
Parcel #2 -
5th
Street, SW
Edmund N. &
Ronald M. Ansin
(3)
County Road
512
Edmund N. Ansin
Trustee
(4)
County Road
510
Edmund N. Ansin
Trustee
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolutions 94-05, 94-6, 94-07, and 94-08,
cancelling certain delinquent taxes upon publicly -
owned lands, pursuant to Section 196.28, Florida
Statutes.
18
Re: R/W - 5th Street, SW
Parcel #1 - Ansin
RESOLUTION NO. 94- 0 5
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 1001, Page 1527 which was recently acquired by Indian River County
for tight of way purposes on 5th Street, SW, are hereby cancelled, pursuant
to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Bird ,
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this —11 day of January , 1994.
Attest: -
Clvrk J ��
Attac ent• Deed
19
JAN®oA
-
-
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BYchi'LLi r
JOn W. l iippi n
BOOK 91 F'1F 462
r JAN 111994
Re: R/W - 5th Street, SW
tercel #2 - Ansin
RESOLUTION NO. 94- 06
BOOK 91 F',;F. 63
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.A. Book 1001, Page 1529 which was recently acquired by Indian River County
for right of way purposes on 5th Street, SW, are hereby cancelled, pursuant
to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Bird ,
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn R. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this �_ day of ; I a n i i a r y , 1994.
Attest:
Clerk - 001��
At`tacmenta Deed
20
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman f ` 1
,. ,4hn W. Ti ppi n
Re: R/W - County Road 512
Edmund N. Amin
RESOLUTION NO. 94-0L
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 1001, Page 1523 which was recently acquired by Indian River County
for right of way purposes on County Road 512, are hereby cancelled, pursuant
to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Bird ,
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 19 day of January , 1994.
Attests
Clerk
Attachments Deed
L- JAN I i 190A
21
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman
6—o,h/n W. Tippin
BOOK 91 PAu"9
JAN 111994
Re: R/W - County Road 510
�jdmund N. Ansin
RESOLUTION NO. 94- _0&_
BOOK 91
PAGE 465 -7
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 1001, Page 1525 which was recently acquired by Indian River County
for right of way purposes on County Road 510, are hereby cancelled, pursuant
to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner -gird
and the motion was seconded by Commissioner Eggert • and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this I_ day of a n u a r , 1994.
Attest:
Clerk
Attachment: Deed
L J
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman
John W. Tippin
22
H. Appointment of Susan Wilson to Parks & Recreation Committee
The Board reviewed the following memo dated 1/5/94:
MEMORANDUM
TO: Board of County Commissioners
FROM: Commissioner Fran B. Adams
DATE: January 5, 1994
RE: Appointment of Susan Wilson to the Parks & Recreation
Committee
I respectfully request that the Board of County Commissioners
appoint Susan Wilson to serve on the Parks and Recreation
Committee. Ms. Wilson will replace Mr. Leroy Hiers, the North
County representative who recently resigned.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously appointed
Susan Wilson to the Parks & Recreation Committee
replacing Leroy Hiers as the North County
representative.
I. Appointment of Jerry D. Johnson to the Agricultural Advisory
Committee
The Board reviewed the following memo dated 1/5/94:
MEMORANDUM
TO: Board of County Commissioners
FROM: Commissioner Fran B. Adams
DATE: January 5, 1994
RE: Appointment of Jerry D. Johnson to the Agricultural
Advisory Committee
I respectfully request that the Board of County Commissioners
appoint Mr. Jerry D. Johnson to serve on the Agricultural
Advisory Committee. Attached is a copy of Mr. Johnson's resume.
23
L_ SAN I_I 19qd
aooK 91 fmUE 4fifi
ON MOTION
Commissioner
by Commissioner Bird,
Eggert, the
appointed Jerry D. Johnson
Advisory Committee.
BOOK
SECONDED by
Board unanimously
to the Agricultural
91 Frti,F 467
PUBLIC HEARING - SABLE TRACE OF VERO BEACH REQUEST TO REZONE
APPROX. 24 ACRES FROM RMH-8 TO RS -6
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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
A 1
Fl
In the matter
In the Court, was pub-
lished in said newspaper in the issues of ZL!M�� 17"l-?
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
,,",advert&&ideas of `sement for publication in the said newspaper.
amid do
.•`�Q�%r�: subscribed before a this � day o XD. 19
10
N),C: C? at r. ." (Business Manager)
Jp,� Eta7� m ' BARBARA C. SPRAGUE, NOTARY PUBLIC. `
' 'Vo C 1997• Stale of Florida My Commission June une 941 MY
•
• A Co ' sion Number: CC300572
. E ?
O� nA sgned
Notary: BARBARA C. SPRAGUE
24
' NOTICE — PUBUC NEA WQ
Nofbe of hearbg to omsider the adoptbn of a
cpnty orrgrt M land from Rb N. Mo-
Ike Fiartie Residertlalra ot% (up to B unitalacre) to
RS -6, S4gle-Farrdly Residential Dish (up to 6
urdtefacn* The sect property is presently owned
ISable Tract of Vero Beach, LP., a Georgia gm- ,
Ited parthersfip. Tire subject properly b bated on
the west aide of 82nd Avenue, beNaeen 12th Street
and 18th Street, and contairs aMoxh. telt' 24
acres. Thesub►ect property Des b the Northeast rA
section of Seddon 11, Twmship335. Range 38E,
OY and being In Inn River County. Florida.
�S maHBc hearUg at which parties in Interest and
Citizens shag lave an opparka y to be heard, wig
be Ihetd by the Bard of Cornea of
Indian River County, Florida. in Canudy Cornmda
sbn Chambes of the Canty Adndn istratbn Bulld-
ida'on Tweedy 1840 11,19994, at Vero
05am.-
The Bard of County Camrossiarers may adopt
• another zoning district, other than the district re -
,quested, provided it is wit iri , the same general use
Anyone who may win toarty dedsbrr
which may be rr� eg at this maw8 rceed to en-
sue that a verbal n record of the proceedings Is
made, which hndides testmary and evidence upon
which the appeal Is based.
Anyone who needs a special mcornunodaton for
tl� mrp mUSt carntact the camty's Americans
whsh Lllsaddtes Act (ADA) Coord6ator at 56741000
extetsbm 408 at least 48 hours in advance of
gir.n River cmffdy
Board Cmty
gs R NwI deer N
Dec. Is. 993 ' 1058871
The Board reviewed the following memo dated 1/5/94:
TO: James E. Chandler
County Administrator
DE WTMENT HEAD CONCURRENCE
obert M. Kimatifit, Al
Community Develo men irector
THRU: Sasan Rohani, AICP S•iZi
Chief, Long -Range Planning
FROM: John Wachte,61/
Staff Planner, Long -Range Planning
DATE: January 5, 1994
RE: SABLE TRACE OF VERO BEACH, L.P., A GEORGIA LIMITED
PARTNERSHIP, REQUEST TO REZONE APPROXIMATELY 24 ACRES
FROM RMH-8 TO RS -6 (RZON 93-06-0042)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of January 11, 1994.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 24 acres from RMH-8,
Mobile Home Residential District (up to 8 units/acre) to RS -6,
Single -Family Residential District"(up to 6 units/acre). Located
on the west side of 82nd Avenue, approximately 800 feet north of
12th Street, the subject property is owned by Sable Trace of Vero
Beach, L.P., a Georgia limited partnership. The applicant intends
to develop a single-family residential subdivision on the subject
property.
The applicant owns adjacent land west and southwest of the subject
property and is considering single-family development for this land
also. Being unsure of the current market for single-family homes,
however, the applicant has chosen to request a zoning change for
only the subject property. The subject property has an unusual
configuration and an irregular shape because of the location of
existing and proposed bodies of water, and planned single-family
lots.
On August 12, 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 -6.
Despite the Planning and Zoning Commission's recommendation on this
matter, no formal action could be taken on the rezoning until a
development order affecting the subject property was amended. This
development order is related to a March 27, 1981 Development of
Regional Impact (DRI) application for development approval filed by
Florida Atlantic Associates with the Indian River County Board of
County Commissioners. This application was for a mobile home park
development of approximately 317.5 acres, including the 24 acres
that comprise the subject property (see attachment 3). The
development was to consist of two parts, Village Green West and
25
L_ JAN 111994
BOOK 91 FAGF 468
-7
JAN 111994 sooK 91 Fa;F 469
Village Green South. A development order approving the Village
Green DRI for a mobile home park project was adopted on August 19,
1981.
On January 4, 1994, the Board of County Commissioners amended the
development order pertaining to the Village Green DRI, now also
known as Countryside, to allow single-family development on the
subject property (contingent upon Board approval of a single-family
zoning district for the subject property). With that action, the
request is now consistent with the approved use of the subject
property and can be heard by the Board of County Commissioners.
Existing Land Use Pattern
The subject property and properties to the south and west are zoned
RMH-8, Mobile Home Residential District, and are vacant. North of
the subject property is The Countryside North Mobile Home Park
which is also zoned RMH-8. To the east, across 82nd Avenue, is
land zoned A-1, Agricultural District (up to 1 unit/5 acres). Most
of this land is vacant, the exception being a youth camp near the
subject property.
Future Land Use Pattern
The subject property and property to the north, south, and west are
designated M-11 Medium -Density Residential -1 (up to 8 units/acre)
on the future land use map. The M-1 designation allows residential
uses with densities up to 8 units/acre. Land to the east, across
82nd Avenue, is designated AG -1, Agricultural -1 (up to 1 unit/5
acres) on the future land use map. The AG -1 designation allows
agricultural uses and residential uses with densities up to 1
unit/5 acres.
Environment
According to County Flood Insurance Rate Maps, the subject property
is located in a Zone X; this indicates that the property is outside
of the 100 -year floodplain. A cursory inspection by environmental
planning staff indicates that small pockets of degraded isolated,
wetlands exist on portions of the subject property.
Vegetation on the property is indicative of pine flatwoods that has
been cleared in years past for agricultural purposes. Although
protected native trees exist on the property, environmental
planning staff have concluded that no intact (ground cover,
understory, and canopy) native upland plant communities exist on
the site.
Utilities and Services
The site is within the Urban Service Area of the County.
Wastewater lines extend to the site from the West Regional
Wastewater Treatment Plant. The South County Reverse Osmosis Plant
provides potable water to the site.
Transportation System
The property has access to 82nd Avenue which is classified as an
urban minor arterial roadway on the future roadway thoroughfare
plan map. This segment of 82nd Avenue is a two-lane paved road
with approximately 80 feet of existing public road right-of-way.
While 82nd Avenue is not presently programmed for expansion, it is
one of the possible routes being considered for the proposed Citrus
Highway through Martin, St. Lucie, and Indian River Counties.
2
26
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.
The comprehensive plan also requires that new development be
reviewed to ensure that the minimum acceptable standards for these
services and facilities are maintained. For rezoning requests,
this review is undertaken as part of the conditional concurrency
determination application process.
As per section 910.07 of the County's Land Development Regulations
(LDR), 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. For
residential rezoning requests, the most intense use (according to
the County's LDR's).is the maximum number of units that could be
built on the site, given the size of the property and the maximum
density under the proposed zoning district. The site information
used for the concurrency analysis is as follows:
1. Size of Area to be Rezoned: #24 acres
2. Existing Zoning Classification: RMH-8, Mobile home
Residential District (up
to 8 units/acre)
3. Maximum Number of Units with Existing Zoning: 192
4. Proposed Zoning Classification: RS -6, Single-family
Residential District (up
to 6 units/acre)
5. Maximum Number of Units with Proposed Zoning: 144
As per section 910.07(2) of the Concurrency Management Chapter of
the County's Land Development Regulations, projects which do not
increase density or intensity of use are exempt from concurrency
.requirements. This rezoning request is exempt from concurrency
review because the requested zoning would not increase the total
number of potential.units that the site could accommodate.
It is important to note that there will be no effect on service
levels for any public facility as a result of the rezoning.
In this case, a detailed concurrency analysis will be done in
conjunction with site development. That concurrency analysis will
address facility service levels and demand.
K3
27
SAN i 1 194A B60K 91 470
JAN 111994
Compatibility with the Surrounding Area
Given the current RMH-8 zoning of t
anticipated that a change to RS -6
problems with the surrounding areas.
6 zoning districts, development o
produce similar impacts on adjacent
density, however, the impacts ass
district would be somewhat less.
BOOK 91 FADE 471
he subject property, it is not
would result in compatibility
Under either the RMH-8 or RS -
E the subject property would
property. Because of the lower
Dciated with the RS -6 zoning
Although both the RMH-8 and RS -6 zoning districts allow development
that is residential in character, incompatibilities often occur
where these districts abut. For this reason, the intent of the
County's Land Development Regulations (LDRs) is to provide a buffer
between the two districts. To ensure the provision of such
buffers, section 911.09(6)(e)2 of the LDRs requires that where any
mobile home development is adjacent to a residential use of lower
density, the mobile home development must provide a forty -foot
setback with a type "B" buffer and a six-foot opaque feature.
Single-family developments are not required to provide such a
setback and buffer.
When the existing mobile home park was developed, the entire site
including the subject property was zoned, as it is now, for mobile
home development. Therefore, at that time, there was no need to
provide interior buffers. Without the buffers, however, the mobile
home park would become non -conforming if the subject property were
rezoned to RS -6.
Because of the proposed zoning change, and consistent with LDR
section 911.09(6)(e)2, the mobile home park will be required to
provide the referenced buffer. This buffer requirement is part of
the amendment to the development order that the Board approved on
January 4, 1994.
Based on the present location of mobile homes and other structures,
the forty -foot setback is in place. The landscaped buffer,
however, must be added.
No such buffer issue exists with respect to the vacant,
agriculturally zoned land east of the subject property. In that
case, 82nd Avenue's 80 feet of public road right-of-way provides a
physical separation that mitigates potential impacts.
For these reasons, staff feels that the RS -6 zoning district is
appropriate for the subject property and would result in
development compatible with the surrounding area.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings'must also be consistent with the
overall designation of land uses as depicted on the future land use
map, which include agriculture, residential, recreation,
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 development
decisions. While all comprehensive plan policies are important,
some have more applicability than others in reviewing rezoning
4
28
® M M
requests. Of particular applicability for this request are the
following comprehensive plan policies.
- Future Land Use Element Policy 1.14
Future Land Use Element Policy 1.14 states that single-family,
multiple -family, and mobile home residential uses with a density of
up to 8 units/acre are permitted in areas designated as M-1,
Medium -Density Residential, on the future land use map. Since the
subject property is designated M-11 Medium -Density Residential -1,
the requested RS -6 zoning is consistent with Future Land Use Policy
1.14.
While the County's comprehensive plan controls density for all
residential areas in the County, the plan does not control housing
type. Consequently, single-family, multiple -family, or mobile home
development could be allowed in an area designated as M-1 on the
County land use plan; housing type is controlled by zoning.. In
this case., the subject property was' zoned RMH-8 with the intent
that mobile home development would provide a transition from
commercial to the north to single-family to the south.
Future Land Use Element Policy 2.5
Future Land Use Element Policy 2.5 states that the County shall
encourage and direct growth into the Urban Service Area. The
subject property is located within the Urban Service Area and is
vacant undeveloped land. For this reason, the requested rezoning
is consistent with Future Land Use Element Policy 2.5.
- Future Land Use Element Policy 5.3
Future Land Use Element Policy 5.3 states that the County shall
provide zoning designations to permit a variety of residential
buildings and development styles. Presently, the area of the
county near the subject property is zoned predominantly RMH-8.
Nearly all the land between 82nd Avenue and 90th Avenue, from 12th
Street to the S.R. 60 & I-95 Commercial/Industrial Node is zoned
RMH-8. As would be expected with such a zoning pattern, there are
already several mobile home parks (Countryside, Heron Cay, Lakewood
Village, and Heritage Village) in the area. Particularly lacking
in this area is single-family zoning. There is no RS -6 zoned land
south of S.R. 60 and west of 82nd Avenue. The subject request
would implement Future Land Use Element Policy 5.3 by allowing
single-family development in the area.
As part of the staff analysis, all policies in the comprehensive
plan were considered. Based upon this analysis, staff determined
that the proposed rezoning is consistent with the comprehensive
plan.
Potential Impact on Environmental Quality
The proposed rezoning would have no detrimental effects on the
environment. Any proposed filling of jurisdictional wetlands would
be regulated by means of a county wetland resource permit, in
addition to state and federal wetland permitting, requiring
mitigation as appropriate.
County native
not apply to
findings that
property.
L_ JAN 111994
upland plant community set-aside requirements will
the property, based on environmental planning staff
no native upland plant communities exist on the
5
29
BOOK 91 FACE 72
J AN 1 1 1994.
Conclusion
BOOK 91 f 1,f 473
The proposed RS -6 zoning is consistent with the comprehensive plan,
compatible with all surrounding land uses, and would cause no
adverse impacts on the environment or the provision of public
services. For these reasons, staff supports the request to change
the zoning.
Recommendation
Staff recommends that the Board of County Commissioners approve
this request to rezone the subject property from RMH-8 to RS -6 -
Community Development Director Robert Keating explained that
this is a rezoning for a piece of property that the Board dealt
with last week in regard to approving a minor change to the
Countryside Development Order (D.O.) The Board determined that a
minor change allowing the property that we are looking at today
plus a little additional property could be changed from mobile home
to regular conventional types of dwelling units without it being a
major or substantial change to the D.O. The subject property is on
the west side of 82nd Avenue, approximately 800 feet north of 12th
Street, and the applicant intends to develop a single-family
residential subdivision on the 24 acres.
Chairman Tippin 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 Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Ordinance 94-2, rezoning approx. 24 acres from RMH-8
to RS -6.
30
ORDINANCE NO. 94-02
AN ORDINANCE OF INDIAN RIVER COUNTY, - FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RMH-8 TO
RS -6, FOR THE PROPERTY LOCATED ON THE WEST SIDE OF 82ND AVENUE
APPROXIMATELY 800 FEET NORTH OF 12TH STREET, 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
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:
Being a portion of Tracts 1,2,7, and 8 in Section 11, Township
33 South, Range 38 East, according to the plat of the Indian
River Farms Subdivision as recorded in Plat Book 2, Page 25,
pbulic records of St. Lucie (now Indian River) County,
Florida, and being more particularly described as follows:
Commence at the Southwest corner of said Tract 7; . thence N
00012155" W, along the West line of said Tract 7, a distance
of 1653.75 feet; thence N 89033103" E a distance"of 956.13
feet; to the Point of Beginning of the following described
parcel:
Thence continue N 8903310311 E a distance of 11.00 feet to the
point of intersection with a non -tangent curve concave to the
East having a radius of 485.00 feet, the chard of which bears
S 16022131" E; thence South along the arc of said curve a
distance of 182.15 feet through a central angle of 21031106";
thence N 62051157" E, non -tangent to last described curve, a
distance of 387.74 feet; thence N 89033103" E a distance of
662.92 feet; thence S 00012113" E a distance of 200.00 feet;
thence N 8903310311 E a distance of 609.96 feet to the Westerly
right-of-way of Ranch Road, said right-of-way line being 30.00
feet west of and parallel with the East line of said Tracts 1
and 8; thence S 00012113" E, along said West right-of-way
line, a distance of 573.51 feet; thence S 89023159" W a
distance of 1303.00 feet to the West line of said Tract 8;
31
L JAN 111994
BOOK 91 FAcF. 474
BOOK 91 F -An 475
thence N 0012'21" W, along the west line of said Tract 8, a
distance of 267.19 feet; thence S 89023'59" W a distance of
377.01 feet; thence N 00012141" W a distance of 510.75 to the
Point of Beginning.
Containing 23.99 acres, more or less.
Be changed from RMH-8 to RS -6.
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 11th day of January, 1994.
This ordinance was advertised in the Vero Beach Press -Journal
on the 16th day of December, 1993 for a public hearing to be held
on the 11th day of January, 1994 at which time it was moved for
g�doDrton by Commissioner Macht , seconded by Commissioner
g
e , and adopted by the following vote:
Chairman John W. Tippin Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eaaert Aye
Commissioner -Richard N. Bird Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Tippi" ;. Chairman
ATTEST BY:
J . -Barton, Clerk
Acknowledgment by the Department of l
tat of the State of Florida
this 18th day of January , 1994.
Effective Date:' Acknowledgment from the Department of State
received on this 21st day of January , 1994, at 10.0
A.M./FK, and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY IN
Wi m G. Collins II, Deputy County Attorney
�i ,7.0 Z11 ___,-7 .
Robert M. Keati-49, AI
Community Devel pment
rector
32
PUBLIC HEARING — PETITION WATER SERVICE IN GREEN ACRES ESTATES —
RESOLUTION III
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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
The Bowd °fofRiver CA"
CC�hI '����/ `G�PUBLIC HEARNG
°�'W � ' 9'05 AM. an
In the matter of., Tuesday — Jmawy 11, 1994, to dlsams a pro-
posed re�iukreletinp to a SPECIAL ASSESS
MENT PROJECTT in trdian Rim County for the in-
stalatiar of WATER SERVICE TO GREEN ACRES
ESTATES 47TH AVENUE SOUTH OFF 9TH
STREET, i%
be and providing for special assess-
merd lens made of record an the properties
in the t Crourt, was pub- ' to be seAnyone rved
hich
be raatla at this may wish =will ireedanyd ens e
lished in said newspaper in the issues of.._, r �i �r ✓ % � � �won ,"'may',
the appesl Is based
Anyone whods neea special ac co nwdation for
wtir"eeftit��act t(actthe coowty'srdhatoat scans
9M. Ext 408, at least 48 hours in advance of the
ft
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at nee
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore N01 Dec•7,1993 10.51793
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.
n ••: subscribed before mea rs -�? day o yeD. 19
T
• MY Comm 0.m ? 4I 4mnA C. SPRAGUE, NOTARY PUBLIC, slhes Manager)
• June yg. 198 r� Stale of Florida, My Commission Fxp. June 29,1go?
No. CC30W72
N9'A� 1 . •' Q".' .- • . his c,.�.,.,'�.,.� �, .�'�.�f- .
OF O Notary: BARBARA Q SPRAGUE
33
JAN 111994 BOOK 91 PAGE 47
Imo_ �
JAN 111994
BOOK 91 f'A;-7
E 1 7
The Board reviewed the following memo dated 1/3/94:
DATE: JANUARY 31 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIkNT
DIRECTOR OF UTIMTRVICES
PREPARED JAMES D. CHAS
AND STAFFED MANAGER OF ASPROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN GREEN ACRES ESTATES
(47TH AVENUE, SOUTH OF 9TH STREET)
INDIAN RIVER COUNTY PROJECT NO. UW -93 -24 -DS
RESOLUTION III - PUBLIC HEARING
BACKGROUND
On November 23, 1993, the Indian River County Board of County
Commissioners approved Resolution I (93203) and Resolution II
(93-204). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified of the public hearing by certified mail. Resolution I
(93-203) was published in the Vero Beach PRESS JOURNAL on December
2, 1993 (see attached agenda item and minutes of the above meeting).
ANALYSIS
Design of the water distribution system is complete. An
informational meeting was held for the benefit of the property
owners on December 7, 1993. The total estimated cost to be assessed
is $34,059.48. The cost per square foot is $0.07167776082.
Approval of the attached Resolution III will confirm and approve the
preliminary assessment. The attached map displays the area to
benefit from the assessment project. This project is to be paid
through the assessment of property owners along the proposed water
line route. In the interim, financing will be through the use of
impact fee funds.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
34
Public Hearing (Third Reso.) 12/27/93(reso\green)VkDC
gL Yt%146
RESOLUTION NO. 94-.09 JEFFREY K. 13APT6
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
CLERK ND AN tVVE GO-,
THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN
EXTENSION TO GREEN ACRES ESTATES (47TH AVENUE, SW, SOUTH O
OF 9TH STREET, SW) AND PROVIDING FOR SPECIAL ASSESSMENT co
LIENS TO BE MADE OF RECORD. r%A
WHEREAS, the Board of County Commissioners of Indian River County
has, by Resolution No. 93-203, adopted November 23, 1993, determined to
make special assessments against certain properties to be serviced by a
water main extension of the County to Green Acres Estates (47th Avenue,
SW, south of 9th Street, SW); and
WHEREAS, said resolution described the manner in which said special
assessments shall be made and how said special assessments are to be
paid; and
WHEREAS, the resolution was published in the Press Journal, as
required by Section 206.04, Indian River County Code; and
WHEREAS, the Boarc. of County Commissioners of Indian River County
passed Resolution No. F3-204, on November 23, 1993, which set a time and
place for a public hearing at which the owners of the properties to be
assessed and other interested persons would have the chance to be heard
as to any and all complaints as to said project and said special
assessments, and for the Board to act as required by Section 206.07,
Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Tuesday, November 30, 1993,
and Tuesday, December 7, 1993 (twice one week apart; the last being at
least one week prior to the hearing), as required by Section 206.06,
Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least ten
days prior to the hearing, as required by Section 206.06, Indian River
County Code; and
WHEREAS, the Board of County Commissioners of Indian River County
on Tuesday, January 11, 1994, at 9:05 a.m. conducted the public hearing
with regard to the special assessments,
35
L- JAN 111994
BOOK 91 F'A;E 478
JAN it 1044
BOOK 91 Fac. 479
RESOLUTION NO. 94-09
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
2. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner Adams ,
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
Chairman John
W. Ti ppi n
Aye
Vice Chairman
Kenneth
R. Macht
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Richard
N .Bird
Aye
Commissioner
Carolyn
K. Eggert
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11th day of January, 1994.
':y •tt•4:f. �` 'mss.
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
c (/
By ,
E
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PUBLIC HEARING - AMENDING CHAPTER 103 OF THE COUNTY CODE -
COMMISSIONS AND BOARDS
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
at Vero Beach in Indian River County, Florida; that the attached Copy of advertisement, being
In the matter of
In the Court, was pub.
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Veto 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 not 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.
Sol *a Sell
•.•�tVky%G!n�arjd subscribed before ine this day of s�p tg _'qAi
My �.' ess Manager)
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Dec. 13, ta113 tOim
BOOK 91 FAGS 480
J�� �� BOOK 91 F'AGf.4�1
The Board reviewed the following memo dated 12/30/93:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorneyc�o
DATE: December 30, 1993
RE: PUBLIC HEARING - January 11, 1994
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
AMENDING CHAPTER 103, COMMISSIONS AND
BOARDS, OF THE CODE OF INDIAN RIVER
COUNTY, TO IMPLEMENT SECTION 112.3143 (5) ,
F.S. , CONCERNING VOTING CONFLICTS AND TO
REMOVE THE APPEARANCE OF IMPROPRIETY BY
COMMISSION, BOARD OR COMMITTEE MEMBERS
CONCERNING VOTING CONFLICTS.
This item came before the Board on December 7, 1993 (by Commissioner
Fran Adam's memorandum dated November 24, 1993) and was approved
for public hearing. The attached ordinance amends Chapter 103,
Commissions and Boards, to implement Section 112.3143(5), Florida
Statutes, concerning voting conflicts and to remove the appearance of
impropriety by commission, board, or committee members concerning
voting conflicts.
REQUEST: Staff recommends approval of the attached proposed
ordinance.
Attorney Vitunac explained that this ordinance requires the
Board to consider how many times a person has been absent when
reappointing people to boards. It also forbids members of boards
from stepping down and representing another party before their own
board.
Commissioner Bird agreed with the proposed ordinance as far as
someone stepping down and representing themselves or a client while
being part of that board because it does put the remaining members
of that board in somewhat of an uncomfortable position. However,
we are still a small community and if we are going to have people
on these committees who are actively involved in the community,
both business -wise and socially, it follows that there will be
periodic conflicts of interest. As long as the law is followed and
conflict of interest forms are filed, he would hate to see us
discourage people from serving
think this ordinance does that,
on these committees.
however.
38
He didn't
� � r
Commissioner Adams didn't feel that it has been a real problem
up to this point, but the possibility is there that it could become
a problem and she felt we should address it beforehand. She
preferred to be proactive instead of reactive.
Peter Robinson, member of the Professional Services Advisory
Committee, pointed out that the PSAC is composed of people in the
community with special expertise in certain areas, such as the law
and engineering. They volunteer their services and the County
benefits from their efforts, but it does follow that there will be
occasional conflicts.
Commissioner Adams explained that this ordinance is not about
that, it is about a member of a committee stepping down and
representing a client in front of his committee. With this
ordinance, a committee member can declare a conflict, leave the
room, and a partner represent the client. She emphasized that the
PSAC was set up as an advisory committee, not as a vehicle for its
members to funnel their clients' positions to the Planning & Zoning
Commission or the Board of County Commissioners.
Commissioner Macht didn't see anything wrong with having an
attorney serve on the P & Z, for example, but he didn't think it
would be very smart to have an attorney who specializes in real
estate because conflicts of interest would occur all the time.
Mr. Robinson just didn't want to see these highly qualified,
active members discouraged from serving on committees.
Commissioner Eggert pointed out that the Professional Services
Advisory Committee was primarily charged with going through the
Comp Plan and the LDRs looking for ways to cut costs of things and
looking for changes in the industry that would allow us to make
changes in the ordinances.
Chairman Tippin emphasized that they have done an exceptional
job and have saved us many, many hours in the process.
Herndon Williams, speaking solely for himself, felt that
before adopting this ordinance the Board should find out what
effect this ordinance would have on the many committees and task
forces. He believed the Board is speaking to the perception that
somebody is doing something that might earn some money that they
should not or taking an unfair advantage. Mr. Williams wondered
how far this would be taken because there are people serving on
committees who represent certain emotional interests, such as
environmental protection. A number of people who represent certain
emotional groups in this community are very concerned about the
protection of wildlife, flora and fauna. Would this be extended to
them with regard to serving on the Land Acquisition Advisory
39
BOOK 91 F-nr 482
L -JAN 111994 J
r JAN 111994
BOOK ��pp a�
91 PAGE 403 -7
Committee? It seemed to him that the present laws are sufficient
with regard to declaring conflicts of interests.
Commissioner Eggert pointed out that in most cases, people are
appointed because they are a member of certain groups.
Chairman Tippin didn't intend to support the proposed
ordinance. He felt it would be nice if we passed a law that would
solve all these matters of ethics, but he didn't feel it would
happen.
There being no others who wished to be heard, the Chairman
closed the public hearing.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board adopt Ordinance
94-3, amending Chapter 103, Commissions and Boards,
of the Code of Indian River County, etc.
Under discussion, Commissioner Macht noted that this ordinance
is not going to make a bad person good nor make a good person
deviate in his intentions. It will, however, set some clearly
written standards so that people will know what they can expect.
Chairman Tippin really didn't disagree, but he just didn't
feel we need to pass a new law.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a vote of 3-2, Commissioners Tippin and
Bird dissenting.
40
ORDINANCE 9.4 0 3
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
AMENDING CHAPTER 103, COMMISSIONS AND
BOARDS, OF THE CODE OF INDIAN RIVER
COUNTY, TO IMPLEMENT SECTION 112.3143(5)9
F.S. , CONCERNING VOTING CONFLICTS AND TO
REMOVE THE APPEARANCE OF IMPROPRIETY BY
COMMISSION, BOARD OR COMMMITTEE MEMBERS
CONCERNING VOTING CONFLICTS.
WHEREAS, Section 112.3143 (5) , F.S. directs the governing
body when appointing a member to a commission, board or committee to
consider the number and notice of previous voting conflicts; and
WHEREAS, from time to time members of commissions, boards,
and committees after having declared a conflict have appeared before
the commission, board or committee of which they are a member and
represented their clients interest; and
WHEREAS, while said representation is not prohibited by
Florida Statutes, it does give an appearance that the public may
misconstrue as a lack of propriety; and
WHEREAS, it is equally important not only to do justice but
to give the appearance of doing justice,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
A new Section 103.04.2 of the Code of Ordinances of Indian
River County is added to read as follows:
Section 103.04.2 Voting Conflicts.
(a) This section is supplemental to voting conflict
restrictions in the Florida Statutes.
(b) Whenever a person is being considered for appointment
or reappointment to a commission, board or committee, the
Administrative Assistant to the Board shall inform the Board of County
Commissioners of the number and nature of the memoranda of conflict
previously filed by the person being considered for appointment or
reappointment under Section 112.3143, F.S.
(c) No person who is a member of a commission, board or
committee shall appear before that commission, board or committee in a
representative capacity. This shall not prohibit said member from
41
JAN 111994 BOOK 91 FIKHL 8
JAN It 1994
BooK 91 F-,AI,JF 495
ORDINANCE NO. 94-03
appearing before the commission, board or committee in a matter on that
member's own behalf.
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-
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 " day of j a n n a r v , 1994.
This ordinance was advertised in the Vero Beach Press -Journal on
the
13
day of
December ,
1993. fir a
public
hearing to
be held
on
the
11
day of
J a n u a r y
, 1994, at
which
time it was
moved
for
adoption by Commissioner Adams
, seconded by Commissioner
Eggert , and adopted by the following vote:
Chairman John W. Tippin N a y
Vice Chairman Kenneth R. Macht A y e
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird N a y
Commissioner Fran B. Adams Aye
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
Attest By B t y1 ` Z-,/1/J��ti
Clerk . Tipp91`We d4m� �"—Chairman,�j
Acknowledgement by the Department of State of the State of Florida, this
18th day of January , 1994.
Effective date: Acknowledgement from the Department of State
received on this 21_q day of janpary _–, 1994, at i n. 0a.m/pima. and
filed in the Office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
42
M
COUNTY SURPLUS LANDS
The Board reviewed the following memo dated 1/4/94:
TO: James,E. Chandler
County Administrator
DEP TME NT HEAD CONCURRENCE:
Robert M. ea ng, AfCP
Community Deve opm t Director
FROM: Sasan Rohani, AICP 19,02•
Chief, Long -Range Planning
DATE: January 4, 1994
RE: County Surplus Lands
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of January 11, 1994.
DESCRIPTIONS & CONDITIONS
One requirement of the State Housing Initiatives Partnership -(SHIP)
program, through which the county receives $250,000 per year in
affordable housing funds, is that the county prepare and adopt a
housing incentive plan. Among the items which must be addressed in
that plan is the possibility of using county surplus property for
affordable housing purposes.
Surplus properties are those lots or parcels owned by the county,
but no longer needed for county purposes. Typically, the
properties were purchased by the county in order to provide sites
for constructing county facilities such as parks, offices, or
utility facilities. Some properties, however, were acquired by
default, usually by foreclosures for non-payment of taxes.
Even before the housing incentive plan requirement was established,
the issue of surplus property was addressed in the county's
comprehensive plan. Housing Element Policy 2.4 states:
"The county shall inventory all surplus county -owned land and
foreclosed properties that could be used for affordable
housing and will coordinate the identification of such lands
with municipalities, the School Board, the SJRWMD and other
public land owners in the county. The county will cooperate
with the State Department of Community Affairs in its annual
inventory of state-owned land available for affordable housing
development.
The county shall make these lands.available for affordable
housing development using a competitive Request for Proposal
(RFP) process, seeking proposals from the private sector. The
county shall also provide direct land grants to private non-
profit agencies. To ensure that these units will meet
affordable housing needs, the RFP process shall require units
produced average less than 85% of county median home price and
90%.of all units be less than median price.
Where surplus county land is available but not appropriate for
affordable housing, the county shall make that land available
43
L_ J A N 111994
BOOK 91 F,AGE 486
JAN I 1 199
BOOK 91
to developers and property owners for exchange for suitable
affordable housing. The county land shall be exchanged for
lands which are proximate to employment centers,
transportation systems, and have other necessary
infrastructure which makes the land suitable for development
of affordable housing."
The intent of both this policy and the housing incentive plan
requirement is for the county to identify county owned properties
which may be utilized for affordable housing development and make
these properties available for such development. This process
should provide several benefits. The initial benefit would be to
provide an additional method of -satisfying the county's need for
affordable housing. In a lease situation where the county would
retain ownership of the property, the county could be relieved of
the economic burden of caring for a vacant unused property, while
possibly receiving some form of rent for the property. When such
a property is sold or granted to a new owner, the county would be
returning a property to the tax rolls.
Consistent with requirements of Housing Policy 2.4, planning staff
reviewed listings of county owned properties in order to identify
properties which may be suitable for affordable housing. This
information was then incorporated into a staff report and presented
to the original Affordable Housing Advisory Committee in September
of 1992. At that time, the Affordable Housing Advisory Committee
endorsed the recommendations to make the county surplus lands
available for affordable housing. Part of the recommendation was
to establish a policy of providing surplus property to affordable
housing developers at less than market value through a request for
proposal (RFP) process. This would involve modifying the existing
county policy which designates 100% of the proceeds from the sale
of surplus county owned property, for park development (see attached
May 2, 1984, minutes of the Board of County Commissioners meeting)
to 50% of the proceeds for park development and 50% of the proceeds
for use within the county's local housing assistance program.
On December 9, 1993, the existing Affordable Housing Advisory
Committee reviewed information regarding the county surplus land
and as part of their recommendation approved the following:
If a property (the county surplus land) is not suitable for
affordable housing, the county should sell the property and
contribute 75% of the proceeds to the affordable housing trust
fund.
Analysis
According to existing county policy (Board's directive dated May 2,
1984), 100% of the funds received from the sale of county surplus
lands must be used for park acquisition and development. This is
inconsistent with the recommendations of both the original
affordable housing advisory committee and the. recommendation of the
current affordable housing advisory committee.
On January 13, 1994, the Affordable Housing Advisory Committee will
hold a scheduled public hearing to consider making final
recommendations on the county's proposed housing incentive plan to
the Board of County Commissioners. At this time, staff is seeking
direction from the Board as to how the proceeds from the sale of
county surplus land should be allocated.
Both affordable
appropriate uses
property. Each
housing and park acquisition/development are
for funds derived from the sale of surplus
relates to existing needs in the county, and
44
expanding either would provide a public benefit. In many cases,
however, decisions must be made between two desirable options.
There are good reasons to allocate surplus property sales proceeds
for either affordable housing or park acquisition/development.
According to the county's comprehensive plan, the funds should be
allocated to affordable housing. That plan policy was established,
because the county plan identified an affordable housing need and
the county had not identified other means of meeting that need.
Now with the SHIP program housing incentive plan requirement, the
state is requiring those local governments receiving SHIP funds to
review their policies and develop ways to provide affordable
housing. While not required by the state, the use of surplus
property for affordable housing purposes is one opportunity for the
county to take action locally to address the affordable housing
issue.
Recommendation:
The staff recommends that the Board of County Commissioners endorse
the recommendation of the original Affordable Housing Advisory
Committee that 50% of the proceeds from the sale of surplus
property be contributed to the Affordable Housing Trust Fund and
50% be used for the park acquisition and development.
Community Development Director Robert Keating explained that
staff is here today to ask for some policy direction from the
Board. The present county policy is that 100% of the proceeds from
the sale of surplus properties goes to the development of County
parks. However, this is an opportunity to set.new policy whereby
50% of the funds would go toward affordable housing. He pointed
out that we are not talking about a substantial amount of property.
There are only about a dozen properties that would qualify as
surplus properties and we are working right now with the Property
Appraiser's Office to get an inventory of all County -owned
property. It is something that will come up when the County
acquires property through non-payment of taxes and other means, and
this is a suggestion for specific policy direction for how the
County will proceed in that regard. Even though the current
Affordable Housing Committee is recommending 75%, staff is
45
1994
BOOK 91 F,A,UAM
J AN 1.1 1994
BOOK 91 PAGE 489
recommending 50% go to affordable housing and 50% go to the
development of parks.
Commissioner Bird pointed out that ultimately the Board would
decide on whether a piece of surplus property is best suited for
affordable housing or a park.
Commissioner Macht understood that this money would be put
into a trust fund, but he questioned the County's ability to give
property or proceeds from the sale of County -owned property to an
individual, which might be the case.
Director Keating explained that if it goes towards affordable
housing, we have only one type of program within the County's local
housing assistance program which would benefit an individual. That
is an impact fee grant that is limited to persons or families with
incomes below 50% of the area's median. That is the only strategy
that involves actually giving something away. All the others are
deferred loans.
Commissioner Bird advised that our present park fund is at
$197,000 and if this -is going to start today, he would like to see
that fund remain intact for parks and recreation and another fund
started that would receive only 50%.
Commissioner Macht felt that, essentially, we would be
literally diverting taxpayers' monies to a purpose that was not
intended.
Director Keating advised that the entire Affordable Housing
Incentive Plan is coming before the Board in the near future, but
Commissioner Eggert interjected that she had hoped to get this all
solved beforehand, but maybe we should look at a draft.
Commissioner Bird hoped that in whatever we do, we work though
the private sector. Numerous developers have come to him wanting
to do affordable housing but found out that it is not feasible
after putting all the numbers together. He suggested that one
incentive would be to waive impact fees on affordable housing
developments.
Commissioner Macht pointed out that affordable housing is
actually subsidized housing and surplus land should be treated as
an asset. If we want to subsidize affordable housing, then let's
do that, but let's call it by the right name. He would like to
defer this for consideration when the entire housing incentive plan
comes back to the Board.
Commissioner Eggert noted that we have approved the program
before, but the whole package will be brought back.
Director Keating anticipated that it would be some time in
March before we have a proper handle on all county -owned parcels.
46
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously deferred
this item and directed that it be brought back to
the Board as a package with the Affordable Housing
Incentive Plan.
CONDEMNATION. DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES
The Board reviewed the following memo dated 12/16/93:
TO: James E. Chandler
County Administrator
DATE: December 16, 1993
SUBJECT: Condemnation, Demolition and Removal
of Unsafe Structures:
*4176 Old Dixie Highway - Eight Structures
*4335A 30th Avenue - Accessory Structure
*41st Street and 29th Avenue - Residential Structure
*12936 100th Place - Residential Structure
THROUGH: Robert M. Keating, Director Rluic
Community Development Department
FROM: Ester L. Rymer, Directr
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 January 11, 1994.
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.
47
JAN 111994 BOOK 91 F-Alu 490
L� �
r JAN 111994
BOOK 91 FAGS 491
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.
Attachments:
Resolution
Exhibit "A"
Commissioner Macht suggested that the Board consider these
properties one at a time, and Chairman Tippin asked that anyone
wishing to be heard on a specific property to raise their hand when
that property comes up for consideration and they will be
recognized.
1. 4176 Old Dixie Highway - Eight Structures
Parcel Number: 26-32-39-00007-0000-00012.0
Owner: Alphonso Davis
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 9/23/93
c. Posted property with condemnation cards
d. Photographs on file
e. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
f. Notice to holders of outstanding tax certificates of January 11th Board
of County Commission Meeting and staff recommended action.
g. Letter from owner advising he is not financially able to comply with
condemnation order, and giving permission to have County demolish
structures (attachment) .
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the demolition of said property as set
out in the above staff recommendation.
2. 4335A 30th Avenue - Accessory Structure
Parcel# 27-32-39-00001-0000-00018.0
Owner: Albert C. Hazelwood
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 11/2/93
C. Posted property with condemnation cards
d. Photographs on file
e. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
f. Research of records indicates there are no outstanding tax certificates.
48
Commissioner Bird asked if we contact the Fire Department in
these cases to see if they can use these structures for fire
fighting training, and Building Director Ester Rymer advised that
the Fire Department is contacted in all of these cases prior to
their coming before to the Board.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the demolition of said property
as set out in the above staff recommendation.
3. 41st Street and 29th Avenue - Residential Structure
Parcel # 27-32-39-00006-0000-00008.2
Owner: Theodist Streeter
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 11/4/93
C. Posted property with condemnation cards.
d. Photographs on file
e. Notice to Utilities Department to remove electrical service, drop, and
meter.
f. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
g. Research of records indicates there are no outstanding tax certificates.
Director Rymer advised that this property was purchased very
recently by a new owner, Mr. Streeter, who has applied for a
building permit to restore the structure. We are processing his
permit application today, but she would like the Board to take some
action today just in case his plans fall through and he fails to
bring the structure up to par within a reasonable period of time,
such as 60 days.
Chairman Tippin noted for the record that Mr. Streeter is not
in attendance today. He suggested that the period be more liberal,
such as 90 days.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized demolition if Mr. Streeter fails to
complete substantial improvements to the structure
within 90 days.
49
JAN 111994 BOOK 91 Fnu. 492
I
r JAN I 11994
4. 12936 100th Place - Residential Structure
Parcel# 00-31-37-00002-0000-00010.0
Owner: Jim and Hazel McCloud
BOOK 91 pnF.493
a. Inspection by Building Department
b. Certified Notice to owner, returned unclaimed by Postal Service.
C. Posted property with condemnat%n cards
d. Photographs on file
e. Notice to holders of outstanding Tax Certificates of January 11th Board
of County Commission Meeting and staff recommended action.
f. Neighbors advised owners are deceased, Health Department has no
record of death certificates issued by Indian River County.
g. Public Notice to all interested parties in Vero Beach Press Journal.
A. C. Nichols, explained that he bought a tax certificate on
this piece of property in 1992 and another in 1993. He has been
buying tax certificates in this county for 7 years because he
thought it was a very safe investment. However, when he received
a letter about the plans to demolish the building, he immediately
drove out there and finally located the property with help from a
Deputy Sheriff. The property is in a very dangerous neighborhood
and is covered with rubbish. The most disturbing thing is that the
lot is only 40 feet wide and, therefore, unbuildable. Mr. Nichols
felt the Property Appraiser's Office failed to appraise the
property correctly. One of Mr. Nolte's assistants told him that
the appraised value was $12,000, but they went out on November 3,
1993, and reappraised the property at $6,000. Later he found out
that the appraised value had been further reduced to $1,360, which
he felt is still $1,000 too high because he didn't think anyone
would buy the building. The owners, Jim and Hazel McCloud are
dead, and his two tax certificates of $450 each are worthless. He
felt the County should reimburse him for those two certificates.
Chairman Tippin advised that the Board has no control over the
tax certificates.
Attorney Vitunac felt that Mr. Nichols should know that it is
"buyer beware" situation with regard to the sale of tax
certificates. Tax certificates pay a high amount of interest
because there is a risk. It looks like this will be a loss to Mr.
Nichols, but the County is unable to return his money. That is a
function of the Tax Collector's Office, but the law is in favor
that you buy at your own risk.
Mr. Nichols believed he could prove the property was appraised
wrong through error or negligence. He added that prior to 1992, he
never heard one word mentioned about there being any risk involved
in buying these tax certificates.
50
Commissioner Adams was concerned that we have allowed that
property to deteriorate to the point that it is worth a negative
$6500 by the time we finish. If that piece of property has been
assessed at an inflated value, she wondered how many others are out
there. She knew it is a buyer beware situation and that it would
have to be solved legally, but she felt we have some responsibility
to protect our investment and certainly those of the people we
allow to invest with us.
Attorney Vitunac advised that Mr. Nichols can go back through
the Property Appraiser's Office and request a refund on what he
feels to be an erroneous appraisal, but that would be at the
discretion of either the Property Appraiser or the Tax Collector.
Commissioner Macht asked if we have some way to show that
taxes have not been paid on a piece of property for several years.
Mr. Nichols just wanted the Board to do something so that this
would not happen again to others. He pointed out that the law says
that all property should be appraised every 3 years.
Commissioner Macht emphasized that the only question before
the Board today is whether or not to demolish the building on this
piece of property, and Chairman Tippin reminded everyone that we
need to move along.
Mr. Nichols thanked the Board for their patience and urged
them to do anything they could on this issue.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously authorized
demolition as set out in the above staff
recommendation.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-10, providing for the demolition of
Properties 1, 2 and 4 as unsafe structures and
providing for the recovery of costs; and granted 90
days to implement substantial improvements on
Property #3, and if not, authorized demolition of
Property #3.
51
BOOK 91 `'}BOE 494
RESOLUTION NO. 94 - in
BOOK 91 F-n,F 495
V gs9D
of g►►aro
1N0�
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 a lien 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 (125) 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.
52
qw,
0
tthbULUTIUN NU. U4— I U
The
foregoing resolution was
offered by
Commissioner Mach t
and seconded
by Commissioner Bird
, and,
upon being put to a vote,
the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht A y e
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11 day of January , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST:
I --,. f -.
Jeffre3t A-. -Bartq�.11IFY
D/4,y j,
53
Indian River Ge
Approved Date
Admin.
t S
Legal
Budges
Dept.
.�
Risk Mgr.
BOOK 91 PAGE 496
EXHIBIT "A"
BOOK 91 F��F.497 -7
1. 4176 Old Dixie Highway - Eight Structures
Parcel Number: 26-32-39-00007-0000-00012.0
Owner: Alphonso Davis
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 9/23/93
C. Posted property with condemnation cards
d. Photographs on file
e. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
f. Notice to holders of outstanding tax certificates of January 11th Board
of County Commission Meeting and staff recommended action.
g. Letter from owner advising he is not financially able to comply with
condemnation order, and giving permission to have County demolish
structures (attachment).
2. 4335A 30th Avenue - Accessory Structure
Parcel# 27-32-39-00001-0000-00018.0
Owner: Albert C. Hazelwood
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 11/2/93
C. Posted property with condemnation cards
d. Photographs on file
e. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
f. Research of records indicates there are no outstanding tax certificates.
3. 41st Street and 29th Avenue - Residential Structure
Parcel# 27-32-39-00006-0000-00008.2
Owner: Theodist Streeter
a. Inspection by Building Department
b. Certified Notice to owner, receipt dated 11/4/93
C. Posted property with condemnation cards.
d. Photographs on file
e. Notice to Utilities Department to remove electrical service, drop, and
meter.
f. Notice to owner of January 11th Board of County Commission Meeting
and staff recommended action.
g. Research of records indicates there are no outstanding tax certificates.
4. 12936 100th Place - Residential Structure
Parcel# 00-31-37-00002-0000-00010.0
Owner: Jim and Hazel McCloud
a. Inspection by Building Department
b. Certified Notice to owner, returned unclaimed by Postal Service.
C. Posted property with condemnation cards
d. Photographs on file
e. Notice to holders of outstanding Tax Certificates of January 11th Board
Of County Commission Meeting and staff recommended action.
f. Neighbors advised owners are deceased, Health Department has no
record of death certificates issued by Indian River County.
g. Public Notice to all interested parties in Vero Beach Press Journal.
54
r � �
FLORIDA BOATING IMPROVEMENT PROGRAM - BLUE CYPRESS LAKE PARR
RESTROOM FACILITIES
The Board reviewed the following memo dated 1/3/94:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Directo ,
SUBJECT: Florida Boating Improvement Program - Blue
Cypress Lake Park Restroom Facilities
DATE: January 3, 1994
DESCRIPTION AND CONDITIONS
File: BLRIW.AGN
The County Public Works Department has prepared a application for
a $45,000 FBIP grant to construct in-place or install a pre-
fabricated restroom facility at Blue Cypress Lake Park. No
matching county funds are proposed.
RECOMMENDATIONS AND FUNDING
Staff recommends that the attached resolution be approved and
authorization be given to transmit the application to the Florida
Boating Improvement Division of the Florida Department of Natural
Resources.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-11, authorizing transmittal _of the
application for assistance to the Florida Boating
Improvement Division of the Florida Department of
Natural Resources.
01-01-94(blcyp.res)PWD(TOBrt)jwd
RESOLUTION NO. 94-11
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM
WHEREAS, THE Board of County Commissioners of Indian
River County Florida (BOARD) is interested in carrying out the
following described project for the enjoyment of the citizenry of
Indian"River County and the State of Florida:
55
JAN 111994 BOOK 91 FA 'E 4,98
r JAN 111994 BddK 91 Face 4,99
Project Title Restroom Facilities - Blue Cypress Lake
Park
Total Estimated Cost $ 45,000
Brief Description of Project:
Construction and installation of pre -fabricated restroom
building at Blue Cypress Lake Park located in Vero Beach,
Florida.
AND, Florida Boat Improvements Program (FBIP) financial
assistance is required for the program mentioned above,
NOW THEREFORE, be it resolved by the BOARD that the
project described above be authorized,
AND, be it further resolved that said BOARD make
application to the Florida Boating Improvement Program in the
amount of $45,000 in behalf of said County.
AND, be it further resolved by the BOARD that it
certifies to the following:
1. That it will accept the terms and conditions set
forth in FBIP Rule 16D-5 FAC and which will be a part of the
Project Agreement for any assistance awarded under the attached
proposal.
2. That it is in complete accord with the attached
proposal and that it will carry out the program in the manner
described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from
the District.
3. That the project will be operated and maintained at
the expense of said BOARD for public use for a minimum of 25 years
from the date of project completion.
4. That it will not discriminate against any person on
the basis of race, color or national origin in the use of any
property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title
VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design
and construct all facilities to comply fully with statutes relating
to accessibility by handicapped persons as well as other federal,
state and local laws, rules and requirements.
56
M M M
5. That it will maintain adequate financial records on
the proposed project to substantiate claims for reimbursement.
6. That it will make to FBIP if requested, a post -audit
of expenses incurred on the project prior to, or in conjunction
with, request for the final 10% of the funding agreed to by FBIP.
The foregoing resolution was offered by Commissioner
Bird who moved its adoption. The motion was
seconded by Commissioner Adams and, upon being put
to a vote, the vote was as follows:
Chairman John W. Tippin. Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 11 day of January , 1994.
1� t .. zaja-"_� -
'\
Jeffrey K. rfion, Clerk-
AY
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Jo W.-tippi n /`IrChairmgn
BLUE CYPRESS LAKE COOPERATOR AGREEMENT
The Board reviewed the following memo dated 1/3/94:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Blue Cypress Lake Cooperator Agreement
REF. LETTER: Frank Morello, FGFWFC, to Jim Davis dated Dec. 9, 1993
DATE: January 3, 1994 FILE: HLCYP2.At4N
DESCRIPTION AND CONDITIONS
On Nov. 9, 1993, the Board considered approval of a cooperator agreement
between the Florida Game and Freshwater Fish Commission and Indian River
County which provides for enhancements to the Blue Cypress Lake Boat Ramp and
Dock. At that November 9 meeting, the Board requested the following two
revisions:
57
JAN 111994 BOOK 91 FACE 500
L_
r JAN 111994
BOOK 91 PKU.501 -7
1) Delete the indemnification language on Page 6, paragraph 2 C
2) Add language on Page 7, paragraph 5 to provide a cancellation provision
if the county elects to cancel the agreement.
ALTERNATIVES AND ANALYSIS
The FGFWFC has revised page 6, paragraph 2 C to substitute acceptable
language, as approved by the County Attorney's office. Item No. 1,
therefore, has been addressed.
Regarding Item No. 2, the FGFWFC staff has indicated that the County granted
an easement to the Commission on July 12, 1967 (when the existing ramp was
built) which does not permit the County to cancel the agreement. Due to this
1967 easement, the Commission does not wish to revise the cancellation
language.
RECOMMENDATIONS AND FUNDING
Staff recommends the revised agreement be approved and the Chairman be
authorized to execute the agreement on behalf of the County.
No funding is applicable.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the revised agreement, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
1993 SHA NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM FOR ROUND
ISLAND PARR
The Board reviewed the following memo dated 1/4/94:
58
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis P.E.
Public Works Director""
FROM: Terry B. Thompson, P.E C--�
Capital Projects Manager
SUBJECT: 1993 SBA National Small Business Tree Planting
Program for Round Island Park
DATE: January 4, 1994
DESCRIPTION AND CONDITIONS
FILE: TREESAGN
The Department of Agriculture and the US Small Business Administration (SBA)
has approved the County's 1993 Tree Planting Application for Round Island
Park.
The grant award provides for $21,450 in trees, contract planting and planting
materials. The agreement requires that small businesses be used to supply
and plant the trees.
The County's $21,450 match is included in the Round Island Park Improvements
Project that is currently under construction.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Chairman be authorized to execute the attached
Grant Agreement.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the Florida 1993 SBA National Small Business Tree
Planting Program Grant Agreement, as recommended by
staff.
GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
43RD AVENUE BRIDGE REPLACEMENT - MURPHY CONSTRUCTION CO. - CHANGE
ORDER NO. 1
The Board reviewed the following memo dated 1/4/94:
59
16, JAN111994
BOOK 91 F�AGE 502
r JAN 11199
BOOK 91 NAr,E 0r1 ��,13
TO:
%%MU H:
FROM:
SUBJECT:
James Chandler
County Administrator
James W. Davis, P.
Public Works Direc
Roger D. Cain, P.E
County Engineer
43RD Ave. Bridge R
Change Order No. 1
DATE: January 4, 1994
DESCRIPTION AND CONDITIONS
oject 8940
It is necessary to bring this change order to the Board for
approval to formalize a prior reduction in the contract brought on
by allowing the use of stay -in-place forms and for an increase to
provide for reinforcing bar extensions for the approach slab. It
was decided that the bar grip couplers was the most effective way
to extend the reinforcing into the next phase's concrete pour and
allow for the reinforcing. Because the existing bridge curbing
interfered with the extension of the approach slab reinforcing bar,
it was impossible to extend the bars along a portion of the
existing bridge.
ALTERNATIVES AND ANALYSIS
As this change must be accomplished to build the bridge, no
alternatives are presented.
RECOMMENDATION AND FUNDING
Staff recommends the Board approve Change Order No. 1 to this
contract decreasing the contract amount by $4,213.38 and by 28
calendar days, from $795,682.80 to $791,469.42, and authorize the
Chairman to execute it on behalf of the Board.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 1 with Murphy Construction Co.
decreasing the contract amount by $4,213.38 and by
28 calendar days, as set out in the above staff
recommendation.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
60
RESOLUTIONS PROVIDING FOR PAVING & DRAINAGE IMPROVEMENTS AND
SETTING PUBLIC HEARING DATE FOR 33RD STREET (CHERRY LANE) BETWEEN
66TH AVENUE AND 58TH AVENUE
The Board reviewed the following memo dated 1/3/94:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P. .
Public Works Directo Kf-
and
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile,G
CETY
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage
Improvements to and set Public Hearing date for:
33rd Street (Cherry Lane) between 66th Avenue and 58th
Avenue
DATE: January 3, 1994
DESCRIPTION AND CONDITIONS
Back in 1988 the Public Works Department received'a petition from
some of the property owners who travel 33rd Street (Cherry Lane).
On May 11, 1988, the Board of County Commissioners approved a
recommendation from the engineering staff to have Cherry Lane
designed by a consultant engineering firm.
The plans are complete and this road is classified as a priority
project. Prior to any construction a minimum of 30 additional feet
of right-of-way had to be obtained from property owners along the
north side of this road.
On June 21, 1992, the Board of County Commissioners directed staff
to obtain all the right-of-way necessary to pave this project. All
the necessary right-of-way has been obtained and the Public Works
Department staff met with the homeowners who attended the informal
meeting held in these chambers on December 15, 1993. All property
owners in the benefited area were notified of this informal
meeting. 50$ of all right-of-way acquisition costs have been
included in the assessment costs.
A separate resolution will need to be adopted to hold a Public
Hearing to discuss the advisability, cost and amount of the
assessment against each property owner.
This Public Hearing has been scheduled for Tuesday, February 1,
1994 at 9:05 A.M. in the County Commission Chambers.
An assessment roll and plat has been prepared and filed with the
Clerk to the Board of County Commissioners.
61
JAN 111994 BOOK 91 FAGS 544.
r
JAN 111994
RECOMMENDATION AND FUNDING
It is recommended that the Board:
BOOK 91 FATE 505
1) Adopt the resolution providing for the paving and drainage
improvements for the project subject to the terms outlined in
the resolution. The applicable interest rate shall be
determined at the time the final assessment roll is approved.
2) Allocate $403,066.74 from the Petition Paving Account #173-
214-541-035.39.
3) Adopt a resolution setting the time and place of the Public
Hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-12, providing for the paving of 33rd
Street (Cherry Lane) between 66th Ave. & 58th Ave.,
etc.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-13, setting a time and place for a
public hearing for the paving of 33rd Street (Cherry
Lane) between 66th Ave. & 58th Ave.
62
�r r
Providing (First Reso.)
5/26/93(ENG)RESI.MAG\gfk
RESOLUTION NO. 94-12
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 33RD
STREET (CHERRY LANE) BETWEEN 66TH AVENUE & 58TH
AVENUE, PROVIDING THE TOTAL ESTIMATED COST, METHOD
OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 33rd Street
(Cherry Lane) between 66th Avenue & 58th Avenue.
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is FOUR HUNDRED AND THREE
THOUSAND SIXTY SIX DOLLARS and SEVENTY-FOUR CENTS ($403,066.74);
and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of fifty
percent (50%) of the total cost of the project ($201,533.37) which
the number of square footage owned by the given owner bears to the
total number of square footage within the areas specially benefited
and fifty percent (50%) of the total cost of the project plus tax
collector fees and less credits for right-of-way, or $169,887.92,
will come from Petition Paving Account; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
.�3
�� F
JAN 111994 BOOK ,+, 506
I
A 994 BOOK 91 PAGE 5�J
No. 94-t2_
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
Indian River Farms Company Subdivision, Pbs 2)12 W 9.62 A of
Tr 5 (OR BK 407 PP 348) Less the N 30 feet of the S. 60 feet
thereof;
Indian River Farms Company Subdivision, Pbs 2)12 E 9.00 A of
W 19.53 A of Tr 5 less W 146.93 ft of E 246.93 Ft of S 230 Ft
thereof Less the N 30 feet of the S 60 feet thereof;
Indian River Farms Company Subdivision, PBS 2)12 E 632 Ft of
Tr 5 Less the N 30 feet of the S 60 feet thereof;
Indian River Farms Company Subdivision, PBS 2)12 tract 6 less
S 396 ft of W 330 ft & R/W's Less the N 30 feet of the South
60 feet thereof;
Indian River Farms Company Subdivision, PBS 2)12 tract'7 (OR
BR 424 PP 488) Less the N 30 feet of the South 60 feet
thereof;
Indian River Farms Company Subdivision, PBS 2)12 W 315 ft of
Tract 8 (OR BR 424 PP 488)
Less the N 30 feet of the S 60 feet thereof;
Indian River Farms Company Subdivision, PBS 2-12 N 10 A of E
20 A of TR 9;
Indian River Farms Company Subdivision, PBS 2)12 Lot in NW
Cor. of E 10.42 A of W 20.42 A of TR 9 210 Ft. N & S by 140
ft. E & W as OR BR 110 PP 55;
Indian River Farms Company Subdivision, PBS 2)12 E 10 A of TR
10, Less S 919.5 Ft. & E 55 Ft. of N 399.7 Ft.;
Indian River Farms Company Subdivision, PBS 2)12 E 4.5 A of W
10Aof E20Aof TR 10;
Indian River Farms Company Subdivision, PBS 2)12 N 285.9 Ft.
of W 145.71 Ft. of W 5.5 A of W 10 A of 20 A of TR 10, Less
R/W ;
2
64
M M M
94-12
Indian River Farms•Company Subdivision, PBS 2)12 S 70 Ft. of
N 355.9 Ft. of the E 145.71 Ft. of W 5.5 A of W 10 A of E 20
A of TR 10 as in OR BR 110 PP 737;
Indian River Farms Company Subdivision, PBS 2)12 N 1/2 of
Foll. Desc. Prop E 145.71 Ft. of W 5.5 A of W 10 A of E 20 A
of TR 10 Less N 505.9 Ft.;
Indian River Farms Company Subdivision, PBS 2-12 298.95 Ft. of
E 145.71 Ft of W 5.5 A of W 10A of E 20 A of TR 10 355.9 Ft.
(OR BK 483 PP 520);
Indian River Farms Company Subdivision, PBS 2-12 the N 150 Ft.
of N 485 Ft of S 970 Ft. of E 145.71 Ft. of W 5.5 A of W 10 A
of E 20 A of TR 10 (OR BK 670 PP 1340);
Indian River Farms Company Subdivision, PBS 2-12 N 185.90 Ft.
of S 484.85 Ft. of E 145.71 Ft. of W 5.5 A of W 10 A of E 20
A of TR 10;
Indian River Farms Company Subdivision, PBS 2)12 N 1/2 of W 10
A of TR 10 Less S 264.71 Ft;
Indian River Farms Company Subdivision, PBS 2-12 S 132.36 Ft.
of N 1/2 of W 10 A of TR 10 (OR BR 630 PP 34);
Indian River Farms Company Subdivision, PBS 2-12 N 132.36 Ft.
of S 264.72 Ft of N 1/2 of W 10 A of TR 10 (OR BR 766 PP
2938);
Indian River Farms Company Subdivision, PBS 2-12 S 1/2 of W 10
A of TR 10 Less 166.5 Ft. of N 333.10 Ft. (OR BR 489 PP 634);
Indian River Farms Company Subdivision, PBS 2-12 S 166.55 Ft.
of N 333.10 Ft. of S 1/2 of W 10 A of TR 10 (OR BK 489 PP
634) ;
Indian River Farms Company Subdivision, PBS 2-12 S 1/2 of W 10
A of E 20 A of TR 11;
Indian River Farms Company Subdivision, PBS 2-12 N 1/2 of W 10
A of E 20 A of TR 11;
Indian River Farms Company Subdivision, PBS 2-12 E 20 A of TR
12;
Indian River Farms Company Subdivision, PBS 2-12 W 20.28 A of
TR 11;
Indian River Farms Company Subdivision, PBS 2-12 E 20 A of TR
12;
Lots 1 through 15, Cherrywood Estates, Plat book 7, Page 39 of
Indian River County;
Lots 1 through 12A and Lot 14 through 22, Cherrylane Manor
Subdivision, Plat Book 4, Page 77 of Indian River County;
Sunniland Homesites PBI 4/33 Unnumbered Lot Parcel ) 1;
Lots 1 through 18, Sunniland Homesites Subdivision, Plat Book
4, Page 33 of Indian River County;
Replat of Laser Park Subdivision, PBI 2/20 Lots 11 & 12 Blk 2.
Less the S 25 Ft. of Lot 12;
q
65
JAN 111994 BOOK 91 PPF 5Q8
I
Fr-
JAN I J 1994 BOOK 91 PnE 509 �I
94- 12
Lots 1 through 5, Shadow Brook Subdivision, PBI 9/17;
Indian River Farms Company Subdivision, PBS 2-12 W 146.93 Ft
of E 246.93 Ft. of S 230 Ft of E 9.91 A of W 19.53 A of TR 5;
Indian River Farms Company Subdivision, PBS 2-12 W 80.0 Ft and
N 300.0 Ft of E 9 Acres of W 18.62 Acres of Tr 5 & W 30.0 Ft.
of N 300.0 Ft of E 20 Acres of Tr 5;
Indian River Farms Company Subdivision, PBS 2-12 S 396 Ft. of
W 330 Ft of TR 6;
Indian River
Farms
Company Subdivision, PBS 2-12 N 5
A
of W
10
A of W 20.42
A of TR 9 & E 55 Ft. of N 399.7 Ft. of
E
10 A
of
TR 10;
Indian River
Farms
Company Subdivision, PBS 2-12 S 5
A
of W
10
A of W 20.42
A of
TR 9, Less N 295.42 Ft. & Inc. E
37
Ft.
of
S 129.79 Ft.
of N
295.42 Ft.;
Indian River Farms Company Subdivision, PBS 2-12 E 10.47 A of
W 10.47 A of TR 16 Less S 5 A as in BK 204 PP 719;
Indian River Farms Company Subdivision, PBS 2-12 E A part of
Tr 9 more at NE corner of said Tr 9, run W along N line of SE
1/4 of Section 32, 25 Ft to WLY R/W of Kings Hwy, Thence cont
W along said N line of SE 1/4, 210 Ft., Thence S 00 Deg 09 Min
45 Sec W 30 Ft to POB of herein desc parcel; Thence S 00 Deg
09 Min 45 Sec W 207.43 Ft, Thence W 210 Ft, TH N 00 Deg 09 Min
45 Sec E 207.43 Ft to S R/W of Canal A-4, Thence E 210 Ft to
POB;
Indian River Farms Company Subdivision, PBS 2-12 N 295.42 Ft
of S 5 Acres of W 10 Acres of Tr 9, Less & Except E 37 Ft of
S 129.79 Ft of N 295.42 Ft.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
improvements to 33rd Street (Cherry Lane) between 66th Avenue &
58th Avenue; heretofore designated as Public Works Project No. 8843
is hereby approved subject to the terms outlined above and all
applicable requirements of Chapter 206, et seq. Indian River County
Code.
4
66
No. 94- 12
The foregoing resolution was offered by Commissioner
Adams who moved its adoption. The motion was seconded
by Commissioner Macht and, upon being put to a vote, the
vote was as follows:
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
Commissioner
Carolyn
K. Eggert
Aye
The Chairman thereupon declared the resolution passed and
adopted this 11 day of January , 1994.
BOARD OF COUNTY COMMISSIONERS
OF NDIAN-)RIVER COUNTY, FLORIDA
B e-�
Chairman
Attest:
JEFFREY K. BARTON, Clerk
/]�1"
Y
67
L JAN 111994
BooK 91 FkF5i0
r JAN 111994
Time and Place (Second Reso.)
BOOK 91 PAGE 511
5/26/93(ENG)RES2.MAG\gfk
RESOLUTION NO. 94-13
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS
OF PROPERTY ON 33RD STREET (CHERRY LANE)
BETWEEN 66TH AVENUE & 58TH AVENUE AND OTHER
INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD
OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS
TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF
TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners.of Indian River
County has, by Resolution No. 94-12 , determined that it is
necessary for the public welfare of the citizens of the
county, and particularly as to those living, working, and
owning property within the area described herein, that paving
and drainage improvements be made to said property; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to
the Board; and
WHEREAS, Section 206.06, Indian River County Code,
requires that the Board of County Commissioners shall fix a
time and place at which the owners of the properties to be
assessed or any other persons interested therein may appear
before the Board of County Commissioners and be heard as to
the propriety and advisability of making paving and drainage
improvements to said property, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof
to be assessed against each property benefited thereby,
NOW#
p BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission
chambers in the County Administration Building at the hour
of 9:05 A.M. on Tuesday, February 1. 1994 , at which time
the owners of the properties to be assessed and any other
interested persons may appear before said Commission and
be heard in regard to said property. The area to be
improved and
68
RESOLUTION NO. 94-1U
the properties to be specially benefited are more
particularly described upon the assessment plat and the
assessment roll with regard to the special assessments.
2. All persons interested in the construction of said
improvements and the special assessments against the
properties to be specially benefited may review the
assessment plat showing the area to be assessed, the
assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the
office of the Clerk to the Board any week day from 8:30
A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall
be given by the Department of Public Works by two
publications in the Vero Beach Press Journal Newspaper a
week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River
County Department of Public Works shall give the owner of
each property to be specially assessed at least ten days
notice in writing of such time and place, which shall be
served by mailing a copy of such notice to each of such
property owners at his last known address.
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by
Commissioner Macht , and, upon being put to
a vote, the vote was as follows:
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
Commissioner
Carolyn
K. Eggert
Aye
2
69
�JAN 1 199
�oaK 91 F -AGF 512
r JAN 111994BOOK FnE 513
RESOLUTION NO. 94- 13
The Chairman thereupon declared the resolution duly passed
and adopted this 1_ day of January , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,.FLORIDA
By5A
JOHN W. TIPPIN, Chairman
Jeffrey R. .rton, Clerk /J
lj7
Attachment: ASSESSMENT ROLL
WEST -CENTRAL REUSE WATER TRANSMISSION MAIN PROJECT - CHANGE ORDER
NO. 1 AND FINAL PAYMENT REQUEST - DERRICO CONSTRUCTION CORP.
The Board reviewed the following memo dated 1/4/94:
DATE: JANUARY 4, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISiT
TO
FROM: TERRANCE G. PIDIRECTOR OF UTVICES
PREPARED ROBERT 0. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WEST -CENTRAL REUSE WATER TRANSMISSION MAIN PROJECT
CHANGE ORDER NO. 1 AND FINAL PAYMENT REQUEST
INDIAN RIVER COUNTY PROJECT NO. IIS -91 -12 -ED
On March 23, 1993, the Indian River County Board of County
Commissioners awarded and approved the contract in the amount of
$1,049,277.00 with Derrico Construction Corporation to construct the
above -referenced project. The contractor has submitted his request
for final payment, along with Change Order No. 1 (see attached).
70
ANALYSIS
All Indian River County Department requirements (Utilities, Public. -
Works, and Traffic). have been satisfied . The original contract
price was $1,049,277.00. The final contract price, including Change
Order No. 1, is $1,081,845.82, which amounts to an increase of
$32,568.82. This final price is much less than the approved
budgeted amount for the project of $1,491,926.66. The change order
consists of adjustments made during construction; such as, extra
length of a jack and bore at State Road 60 and 58th Avenue required
due to the widening of both roads, a modification in construction to
accommodate a conflict with a sewage force main and gas main, and an
extra retaining gland to comply with the latest Indian River County
Utility Standards. (See attached Change Order No. 1.) The
contractor previously had been paid $944,347.50, leaving a balance
of $137,498.32 to be paid.
RECO-10 NDATION
The staff of the Department of Utility Services recommend approval
of Change Order No. 1 and final pay request to Derrico Construction
Corporation in the amount of $137,498.32 as payment in full for
services rendered.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 and final pay request to Derrico
Construction Corp. in the amount of $137,498.32, as
recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
1993 OCCUPATIONAL LICENSE TAS AMENDMENTS
The Board reviewed the following memo dated 12/27/93:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Asst. County Atty. 9yz
DATE: December 27, 1993 u
RE: 1993 OCCUPATIONAL LICENSE TAX AMENDMENTS
The new occupational license tax amendments have the following
important changes.
71
eooK 91 F�acF 51
\��� 111994 �
r JAN 111994
Penalty for failure to pay license tax:
BOOK 91, FA JE 515
A penalty of up to $250 may be imposed if tax is not paid within 11150
days after initial notice of tax due". The Tax Collector sends out
invoices in August. I believe this is sufficient to constitute initial
notice so that the 150 days starts from that time. A follow-up notice
should probably be sent but the 150 days will run from the August
notice. This is an additional tool to help with timely collections. It
does not supersede CEB penalties that may also be imposed.
Implement the new system:
If a county fails to implement the occupational license tax under the
new provisions, i.e., use of Equity Study Commission by October 1,
1995, then the County will always thereafter remain under state control.
Therefore, even if the County doesn't intend to raise occupational
license taxes it is still advantageous to go through the Equity Study
Committee procedures. This establishes flexibility for the future.
Equity Study Committee:
The main function of this committee is to establish tax equity among the
various business classifications. Inasmuch as committees are required
to be composed of local business people, there may be concern that the
Committee would invariably recommend large reductions in taxes thus
presenting the governing body with a politically unacceptable problem.
However, in establishing the Equity Committee, guidelines may be
established with respect to their marching orders. For example, the
committee could be directed to bring back a plan which brought in the
same revenue as last year. Thus their main function would be to
establish equity among the various classifications.
Revenue Base:
The new law allows an increase of the revenue base by 10%.
a) Municipalities - Revenue Base
Total collected by the municipality plus revenue received from the
County. This assumes municipality is taxing at 100% of what is allowed
- I believe the City of Vero Beach is at 100%.
b) County - Revenue Base
Total collected by the County minus distribution to municipalities. This
also assumes that the County is taxing at 100%. If taxing at less than
100% can change the "total collected by the county" to total that would
have been collected if the County were at 100%.
If the County wants to collect only in the unincorporated area it may do
so and, therefore, not have any distribution to the municipalities. The
problem here is determining the revenue generated just by the
unincorporated area.
Summary:
Indian River County should establish an Equity Study Committee with
strict guildelines . A draft Resoultion establishing the Equity Committee
is attached for Commission consideration. Indian River County should
then enact its occupational license tax under the new rules so it can be
master of its own destiny. In view of the complexity of the new law
and the need for an indepth analysis of the current rate structure by
the Equity Committee, the enactment of a new ordinance will be a slow
process; however, the final date to enact the ordinance is October 1,
1995 and that is a readily attainable goal.
72
M M _
Administrator Chandler advised that they will bring back a
final recommendation in terms of the scope after the Board makes
their appointments.
Assistant County Attorney Terry O'Brien advised that in the
interim he would meet with Administrator Chandler and OMB Director
Joe Baird to discuss whether we can have the committee study just
the unincorporated area and have the cities study their own.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 9.4-14, establishing an Occupational
License Equity Study Commission.
Director Baird stressed that if we are going to move along on
this, we will need cooperation from all the cities. He didn't want
to make an arbitrary decision until he gets all the records. The
reason this is moving so slowly is that we still need information
from Sebastian, but they just lost their city manager.
The Board agreed that they would be appointing committee
members within the next few weeks.
RESOLUTION NO. , =# 1L
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING AN OCCUPATIONAL
LICENSE EQUITY STUDY COMMISSION.
WHEREAS, recently enacted 205.0535, F. S., allows the
establishment of an Equity Study Commission to establish tax equity
among the various business classifications; and
WHEREAS,
failure to
implement
the
occupational
license tax
under these new
provisions
by October
1,
1995 will leave
the County
under state control thereafter; and
WHEREAS, it is in the public interest to have local control of
occupational license taxes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
73
BooK 91 Face 51
L—J A N 11 1994
r JAN 11 19,94
BOOK 91 FACE 517
RESOLUTION NO. 94-14
1. Establishment.
Pursuant to the provisions of Section 205.0535, F.S. , an Equity
Study Commission is hereby established and referred to herein as the
"Committee"
2. Purpose and Function.
The purpose of the Committee is to examine and review the
Occupational License Ordinance, Chapter 207 of the Code- of Ordinance
of Indian River County, regarding classifications and rate structure,
and to recommend revisions to such classifications and rate structure
for the occupational license. The Committee shall be guided by the
following objectives in formulating its recommendations:
(1) The Committee shall review the businesses,
professions, and occupations within each classification and recommend
any reclassifications or new classifications.
(2) The Committee shall recommend a classification for any
business activity not currently paying an occupational license tax.
(3) The Committee shall review the rates of each
classification, and recommend any fee changes necessary to establish
equity between the rates for such classification.
(4)
After considering objectives
(1) through
(3) above,
the Committee
shall propose a rate structure
that will not
generate a
decrease in revenues. Any additional revenue generated from the
rate structure changes shall be applied to the existing license and not
from other factors that would have normally caused increased license
revenue (additional licenses or increases in variable factors such as
assets, value of inventory, number of employees, etc.) .
The final report and recommendations of the Committee shall be
made to the County Commission no later than September 1994.
3. Membership.
The Committee shall be comprised of five members appointed by
the Board of County Commissioners. Members shall be owners,
74
RESOLUTION NO. 94-14
officers, managers or members of the board of directors of a business
or profession located within Indian River County. The term of all
members shall expire upon acceptance of the Committee's final report
by the Board of County Commissioners unless specifically extended by
the Board of County Commissioners.
4. Advisory Status.
The Committee shall be advisory only and the members shall
serve without compensation.
5. General Provisions.
The provisions of Title I, Chapter 103 relating to advisory
boards and commissions shall apply to this committee.
The resolution was moved to adoption by Commissioner
Adams
and
the motion
was
seconded
by
Commissioner
Eggert
, and,
upon being
put
to a vote,
the
vote was as
follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye'.
Commissioner Fran B. Adams A y e
Commissioner Richard N. Bird A y e
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 11 day of January , 1994.
Attest:
Jeffrey K. Barton, Clerk
'/�/
JAN I 11994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By � •� " -
(Jo n W. Tipp
airman
75
BOOK 91 FAGE 518
r JAN 111994
,oa 91 FACE 519
COMMITTEE APPOINTMENTS AND REAPPOINTMENTS
The Board reviewed the following memo dated 12/20/93 and
revised 1/4/94:
DATE: DECEMBER 20, 1993
(Revised January 4, 1994)
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Alice E. White
Executive Aide
RE: Committee appointments and reappointments
The following committees need appointments or reappointments:
Board of Trustees of Law Library (2 year terms)
Present Incumbent:
Carolyn K,. Eggert
Board of Zoning Adjustment (2 year terms)
Present Incumbents:
John Kirchner (District 2)
Ralph Lindsey (District 4)
Vacancy (District 5)
Code Enforcement Board (3 year terms)
Present Incumbents:
Vacancy (Architect) (BCC Appt.)
Anthony Gervasio (Organized Labor) (BCC Appt.)
David Haeseler (Real Estate) (Fran Adams Appt.)
Economic Opportunities Council -(i year term)
Present Incumbent:
Henry Jefferson
Emergency Services District Advisory Committee (4 year terms)
Present Incumbent
Patricia Hyden (No.Co.Vol.Fire Dept.)
Gulfstream Areawide Council on Aging. Inc. (1 year term)
Present Incumbent:
Vacancy
IRC Council on Agincr (1 year term)
Present Incumbent:
John W. Tippin
76
Land Acquisition Advisory Committee (2 year terms)
Present incumbents:
• Jay Smith (Vero Beach)
Robert Baker Wellsmere)
Ernest Polverari (Orchid)
Ruth Stanbridge (Sierra Club)
Herndon Williams (Bd. of Realtors
Jim Granse (Taxpayers Association)
John Morrison (Agriculture)
Overall Extension Committee (2 year terms)
Present incumbents:
Lu Cosner (District 1)
Vacancy (District 3)
Cathy Rovella (District 4)
Hildie Tripson (District 5).
Parks and Recreation Committee (1 year terms)
Present incumbents:
Richard N. Bird
Carl Pease
Vacancy (No. County)
George Schum
Barbara Holmen
James Jenkins
Dale Klaus
Planning and zoning Commission (4 year terms)
Present incumbents:
Monte K. Falls
Daniel Richey
Professional Services Advisory Committee (2 year terms)
Present incumbents:
Peter Robinson
Todd Smith
Warren Dill
Randy Mosby
Vacancy - Small Business Representative
Regional Energy Management (1 year term)
Present incumbent:
Doug Wright
Tourist Development Council (4 year terms)
Present incumbent:
R. M. Tenbus
Transportation Disadvantaged Local Coordinating Board
Present Incumbents:
Terry Brown - HRS
Vince McCann - Veterans
Mae Arnold - Handicapped
Vacancy - Citizen Advocate and User
Treasure Coast Job Training Consortium (1 year term)
Present incumbent:
Richard N: Bird
Vero Beach Recreation Committee (2 year terms)
Present incumbent:
Richard N. Bird
77
(3 yr.term)
SAN 11 1994 aoox 9 FaeF
PF -
JAN 111994
BOOK 91 PAGE 5921
Upon review of the above list of committees, it was the
consensus of the Board to make the following appointments and
reappointments:
Code Enforcement Board (3 -year term)
Peter Jones to fill vacancy for Architect
Emergency Services District Advisory Comm (4 -year term)
Leroy Parkhurst as replacement for Patricia Hyden (North
County Volunteer Fire Dept.)
IRC Council on Aging (1 -year term)
Present Incumbent:
John W. Tippin
Note: County doesn't appoint -- State agency.
Parks & Recreation Committee
Susan Wilson to fill vacancy for North County
Professional Services Advisory -Committee
Exec. Aide Alice White to prepare press releases
on the vacancy of the Small Business Representative.
Transportation Disadvantaged Local Coordinating Board
(3 -year term)
Frank Mueller as replacement for Terry Brown - HRS
Public Safety Coordinating Council
Commissioner Ken Macht
The Chairman announced that further appointments and
reappointments will be brought to the Board as needed.
78
ABANDONED DUBOSE CEMETERY IN GIFFORD
Chairman Tippin reported that after last week's meeting, he
received a lot of phone calls from people concerned about the
disturbance of any graves in Gifford Cemetery. He would like to
see the Board issue a statement that it is not the intent of the
County to disturb any graves there.
Commissioner Bird reported that everybody he talked with would
love to see the County take it over and provide better maintenance
than it has received in the past. An elderly man came to see him
the other day very upset about the possibility of his grandparents'
graves being disturbed.
Commissioner Adams emphasized that this is another piece of
property that has fallen through the cracks for years, and she felt
we have to step in at some point and assume some control to
determine how many graves are there and then make a policy decision
as to what happens to the property in the future. We just cannot
allow it to continue to be a derelict piece of oblivion property.
Commissioner Eggert didn't know if we could say that we would
never move anyone, but Commissioner%Adams emphasized that we could
say that at this time it is not our intent.
Commissioner Bird pointed out that because it is a large piece
of property, we may find out that a considerable portion of it was
not used for burials. However, the main thing here is to give
comfort and assurance that the graves will not be disturbed. He
understood there are only 10-12 graves there.
Commissioner Eggert understood that the majority of the people
had been moved out of there and that there were only 7 or 8 graves
remaining.
SCHEDULING OF BUDGET WORKSHOP
Commissioner Macht wished to schedule a budget workshop for
some time in the middle of February because he felt we really need
to have the Board get a better understanding of some things prior
to the budget workshops in July. He would like to see the Board
ask staff to make a presentation based on the needs that they
perceive now and give an update on the requirements of new
mandates, etc. Commissioner Macht explained that he had found
last year's budget session pretty frustrating in that the Board
didn't have the time to look into the new, mandated requirements.
Commissioner Eggert felt it would be helpful to take
department by department and understand what has been going on in
those specific areas and hear their projections.
79
JAN 111994 BOOK 9� F.�,�
JAN 111994
BOOK U1 FACE UZJ `
Commissioner Adams felt that at some point the Board has to
give some direction that belts need to be tightened even more. All
the department heads come in with this big broad wish list, but it
is not going to happen because we are looking for rollbacks.
OMB Director Joe Baird pointed out that the Constitutionals'
budgets are taking up the greatest share of the tax dollars. He
felt the Board will have to give the Constitutionals some direction
for the 1994-95 budget.
Commissioner Macht emphasized that law enforcement now takes
up 46% of our budget.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
tentatively scheduled a budget workshop for February
24,.1994, at 9 a.m.
Director Baird suggested that everyone review the overview in
the 1993-94 budget which contains extensive information.
REPORT ON BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
The Board reviewed the following memo dated 1/11/94:
Telephone: (407)567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
TO: County Commissioners
FROM: Fran Adams
DATE: January 11, 1994
SUBJECT: Beach and Shore Preservation Advisory Committee
At the January 10, 1994 meeting it was.motioned by Mike Vanetta
and Seconded by Bill Jordan that':
The County Engineer proceed with negotiations
with the Corps of Engineers to set up a
monitoring program for the PEP reef project.
80
At Commissioner Adams' request, Don Donaldson; county coastal
engineer, explained that part of the process for applying to the
State for an experimental breakwater requires that the beaches in
the vicinity be monitored for a period of up to 3 years by an
independent organization that must be approved by the Florida
Department of Environmental Protection (DEP). They will generate
a test plan, monitor data collection, and generate progress reports
on the performance of the reef. The primary purpose is to see that
this project does not adversely affect adjacent properties,
specifically those to the south. We have been in contact with the
Corps' Waterways Experiment Station in Vicksburg, Mississippi, who
would draft the plan and produce the specifications. Our concept
is that the County would do some of the monitoring ourselves or let
contracts out to local surveying/engineering companies to do the
work. That data would be sent back to Vicksburg and they would
generate the reports.
Commissioner Bird asked Commissioner Adams if she still was
confident that the Corps could fit the timetable on this
application, and she replied that she felt confident because we
already have had some preliminary discussions with them and they
understand our timetable and have indicated an interest. However,
she recommended that we give Mr. Donaldson some authorization to
formalize those discussions.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously directed
staff to get the Army Corps of Engineers involved as
discussed.
RESOLUTION SUPPORTING EXTENSION OF SEBASTIAN INLET CHANNEL
Commissioner Adams asked the Board to pass a resolution
supporting the extension of the Sebastian Inlet channel. Vessels
are running across the seagrass beds and we can control and limit
the areas of destruction with an extension of the channel to the
Intracoastal Waterway.
Commissioner Bird pointed out that along with the
1
environmental aspect, there is a definite economic benefit to
extending the channel.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-15, supporting the efforts of the
Sebastian Inlet Tax District to extend the channel
from the Sebastian Inlet to the Atlantic
Intracoastal Waterway.
81
J A N J1 1994 BOOK PDGF. 04
JAN 111994
i
1/7/04( doo )Ow
RESOLUTION NO. 94- 1 ;
A RESOLUTION OF INDIAN RIVER COUNTY
SUPPORTING THE EFFORTS OF THE SEBASTIAN
INLET TAX DISTRICT TO EXTEND THE
CHANNEL FROM THE SEBASTIAN INLET TO THE
ATLANTIC INTRACOASTAL WATERWAY.
WHEREAS, the Sebastian Inlet Tax District is seeking authority
from the state to extend the channel from Sebastian Inlet to the
Atlantic Intracoastal Waterway; and
WHEREAS, such an extension would allow large vessels to enter
the waters in Indian River County, and
WHEREAS, the entry of said ' vessels would result in a positive
economic impact on businesses in Indian River County that provide
marine services; and
WHEREAS, extension of said channel will result in some removal
of seagrass, it will also control the passage of watercraft operating in
the area and thus save seagrass beds adjoining the channel and in
the general area,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
The Board of County Commissioners of Indian River County
hereby supports the application of the Sebastian Inlet Tax District to
extend the channel at the Sebastian Inlet to the Altantic Intracoastal
Waterway for the reasons given above. It is the Board's firm
conviction that the extension is both economically and environmentally
sound.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Ma ch t , and, upon being put:. to a vote, thb vote was as
follows:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Fran B. Adams
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this " day of _ J a n U a r V , 1994.
Attest:
Jeffrey X Barton, Clerk
,-,sp ,
BOARD OF COUNTY COMUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
By G r '�•
o W. Tipp
rman
82
BOOK
91 PAGE 525 -7
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately following adjournment
of this meeting, the Board would reconvene sitting as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
There being no further business, on Motion duly made, second
and unanimously carried, the Board adjourned at 11:14 a.m.
ATTEST:
J.. Barton, Clerk
83
Jahn W. T. Chairm n
�J A N 111994 BOOK 91 P,r c 6