HomeMy WebLinkAbout1/18/1994MINUTES AWTACI-ILD �
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 18, 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 )
9:00 A. M. 1. CALL TO ORDER
2 . INVOCATION
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
12 Postponement of House appeal
13-A Apppointment to Site Plan Analysis Committee
13-B-2 Code of Ethics
13-C Reminder of upcoming Frog Leg Festival
13-E-2 Scheduling of workshop on Affordable Housing
5. PROCLAMATION AND PRESENTATIONS
None
G. APPROVAL OF MINUTES
A. Regular Meeting of December 21, 1993
B. Special Meeting of January 5, 1994
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board: Report of Convictions, Dec. 1993
B. Telephone Bill Audit
(memorandum dated January 10, 1994)
C. 1994 State Aid Contracts
(memorandum dated January 5, 1994)
D. Agreement / I.R.C. & William Randolph and
Michelle Scott - Temporary Water Service
(memorandum dated January 5, 1994)
E. Release of Utility Liens
( memorandum dated January 11, 1994 )
F. Release of Utility Liens
( memorandum dated January 11, 1994 )
JAN 181994 BOOK 91 f'AJF5'47
I
JAN IS 1994 BOOK 91 PnF 528
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Paving E Drainage Improvements to 128th
Crt. , North of 79th Ave. ( Elaine Street)
(memorandum dated January 3, 1994)
2. Paving 8 Drainage Improvements to 126th St.
Between 78th Ave. 6 79th Ave. ( Elaine St.)
(memorandum dated January 3, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
Report on Televising Board Meetings
(memorandum dated January 12, 1994)
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Semi -Annual Bond Review
(memorandum dated January 7, 1994)
G. PUBLIC WORKS
Lease of So. County Property for Proposed
Soccer Fields
(memorandum dated January 11, 1994)
H. UTILITIES
1. Agreement Between I.R.C. 8 Wal-Mart Store,
Inc., North County
( memorandum dated January 6, 1993 )
2. Water Main Extension - Oslo Road E 74th
Ave., Change Order No. 1 and Final Payment
Request
(memorandum dated January 6, 1994)
3. Agreement Between I.R.C. E Sams/Wal Mart
Stores, Inc. for the Construction of Off-
site Water Lines, 58th Ave. E S.R. 60
(memorandum dated January 7, 1994)
� � r
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS -
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
State Mandates
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
Resolution - Habitat for Humanities
( backup provided separately)
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 12/21/93
2. Full Cost Accounting & Annual Report
(memorandum dated January 10, 1994)
3. Sole Source Request - Replacement Parts/
Tire Shredder
(memorandum dated January 10, 1994)
4. Sole Source Request - Hendrix Dragline
Bucket
(memorandum dated January 10, 1994)
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
BOOK 91
JAN F����F 59"1098 1994
Tuesday, January 18, 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 18,
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.
Pastor Joe Brooks of the 20th Avenue Church of God gave the
invocation, and Commissioner Eggert led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Tippin requested the addition as Item 13-A of an
appointment of a Commissioner to serve on the Site Plan Analysis
Committee.
Commissioner Macht requested the addition as Item 13-B-2 of a
discussion regarding a Code of Ethics.
Commissioner Adams requested the addition as Item 13-C of a
reminder of the upcoming Frog Leg Festival.
Commissioner Eggert requested the addition as Item 13-E-2 of
the scheduling of a workshop on Affordable Housing.
Attorney Vitunac requested the addition under his matters of
a discussion regarding the postponement of the termination appeal
by Debbie House.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously added the
above items to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of December 21, 1993 or the
Special Meeting of January 5, 1994. There were none.
JAN 181994 Boos 91 rnIJE530
0
r JAN 181994
ON MOTION by Commissioner
Commissioner Adams, the Board
BOOK 91 F,, f 531
Eggert, SECONDED by
unanimously approved
the Minutes of the Regular Meeting of 12/21/93 and
the Special Meeting of 1/5/94, as written.
CONSENT AGENDA
A. Received & Placed on File in Office of the Clerk to the Board:
Report of Convictions - December, 1993
B. Telephone Bill Audit
The Board reviewed the following memo dated 1/10/94:
DATE: JANUARY 10, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SER CE
SUBJECT: TELEPHONE BILL AUDIT
BACKGROUND:
A local company by the name of National Cost Reduction has approached
the County to perform an audit on past telephone payments made to
Southern Bell to ascertain whether or not the company has
over -charged for their services. This audit could result in several
dollars returned to the County.
The cost to perform such services is 50% of the recovered monies from
the telephone company. There would be no charge for this service, if
the County was not due a refund.
RECOMMENDATIONS:
Staff recommends approval of the contract and amendment and requests
Board authorization for their chairman to execute the applicable
documents.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board 'unanimously approved
the Consulting Agreement and Addendum with National
Cost Reduction Group, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
2
I
C. 1994 State Aid Contracts - Libraries
The Board reviewed the following memo dated 1/5/94:
�I
DATE: 1-5-94
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT OF
GENERAL SERVICES
SUBJECT:
1994
STATE AID
CONTRACTS
FROM:
MARY
D. POWELL,
LIBRARY SERVICES DIREC+CW
BACKGROUND:
THE INDIAI+ RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
APPLIED TO THE DIVISION OF LIBRARY AND INFORMATION
SERVICES FOR THE STATE AID GRANT WHICH IS BASED ON TOTAL
LOCAL FUNDS EXPENDED CENTRALLY FOR THE OPERATION AND
MAINTENANCE OF PUBLIC LIBRARIES. THE APPLICATION WAS
APPROVED.
ANALYSIS:
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS'
SIGNATURE IS REQUIRED ON BOTH ORIGINAL CONTRACTS
(ATTACHED) IN ORDER TO RECEIVE THE GRANT FUNDS OF
$1849808.00.
RECONMENDATIONS :
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT CONTRACTS AND RETURN TO THE
LIBRARY SERVICES DIRECTOR TO BE FORWARDED TO THE
APPROPRIATE STATE LIBRARY STAFF.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the State Aid to Libraries Grant Agreement, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
3
109,11MEM;
BOOK 91 P,1u 532
BOOK 91 FADE 533 �
D. Temnorary Water Service Aareement - William Randolph and
Michelle Scott
The Board reviewed the following memo dated 1/5/94:
DATE: JANUARY 5, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
FROM:
TERRANCE G. PINT
DIRECTOR OF UTIL SERVICES
PREPARED AND
JAMES D.
AND
MANAGER OF AS PROJECTS
STAFFED BY:
DEPARTMENT OF UTILITY SERVICES
SUBJECT:
AGREEMENT
INDIAN RIVER COUNTY AND WILLIAM RANDOLPH AND
MICHELLE SCOTT
TEMPORARY WATER SERVICE
BACKGROUND
William Randolph and Michelle Scott have requested that temporary
service be installed from the water line on 43rd Avenue to service
their property at 4260 47th Place, Vero Beach, Florida 32967, prior
to the installation of a water main -on 47th Place.
J
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
William Randolph and Michelle Scott until such time that a water
line is constructed on 47th Place by assessment. They agree to pay
all fees required to make this connection. They further agree to
participate in the assessment and to reconnect to this water line as
required by IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with William
Randolph and Michelle Scott on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the temporary service water agreement with William
Randolph and Michelle Scott, as recommended by
staff .
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
4
LA
E. Release of Utility Liens
The Board reviewed the following memo dated 1/11/94:
TO: BOARD OF COUNTY COMMISSIONERS
�� tv- '
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: January 11, 1994
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.
State Road 60 Water & Sewer Projects:
Map #2 - Rocke
Map #C-4 - Kingswood West
2.
Citrus Gardens Water Project:
LAVIGNE
3.
Flora Lane Water Project:
SAPP
4.
Glendale Lakes Water Project:
FREDERICK
ROSENMEIER
S.
Lone Palm Park Water Project:
6.
WHALEN
Phase I Water Project:
BRANDENBURG CLARK
CROSBY DiPIETRO
GROSS HOLMES
MITCHELL STANSEL -
WOLOSEN WOO -MING
7.
Phase II Water Project:
CASSARA CHESNEY
HOLCOMB LUNDSTROM
MORROW NESBIT
RYAN SACCO
SIMONS
S.
-Phase III Water Project:
LAW PONCE/BROWN
5
wK 91. FnE 534
JAN 181994 -'14
I JAN 18 1994
A
BOOK 91 r-nE 535
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the above -listed releases of utility liens, as
recommended by staff.
RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
F. Release of Utility Liens
The Board reviewed the following memo dated 1/11/94:
TO: Board of County Commissioners
FROM: Sandy Wright, County Attorney's Office
DATE: January 11, 1994
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. Phase III Water Project:
SMITH
2. Raintree Corner Subdivision Water Project:
PEABODY
3. Roussieau River Shores Sewer Project:
KERNENE (3 )
4. Royal Poinciana Water Project:
CENTRELLA DUNCAN LAWSON/ROACHE
5. Shady Oaks Water Assessment:
PEARSAUL WALDO
6. Summerplace Water Project:
MEDSKER MITCHELL
7. 12th Street Water Project:
CUNDIFF HEISTER(2) KOCH
6
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the above -listed releases of utility liens, as
recommended by staff.
RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
PUBLIC HEARING - PAVING & DRAINAGE IMPROVEMENTS TO 128TH COURT,
NORTH OF 79TH AVENUE (ELAINE STREET)
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised, as
follows:
RESOLUTION NO. k-217 ' --
A RESOLUTION OF INDIAN RIVER COUN•
TY, FLORIDA, SETTING A TIME AND ,
RACE AT WHICH THE OWNERS OF
F.
VERO BEACH PRESS -JOURNAL STH � 79TH AVENUEWH IN
AND OTHER INTERESTED PERSONS
MAY APPEAR BEFORE THE BOARD OF
Published Daily CND AS TO THE PROPRIETY
AND
BE
VISABIUTY OF MAKING PAVING AND
Vero Beach, Indian River County, Florida PPaa�TY IMPROVEMENTS TT TO SAID
AS TO THE MANNER OF PAYMENT
i THEREFOR. AND AS TO THE AMOUNT "
THEREOF TO BE SPECIALLY ASSESSED !
COUNTY OF INDIAN RIVER: STATE OF FLORIDA AGAINST EACH PROPERTY BENEFITED
EBY
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath WHEREAS, he Bond of camty ClItnds here
says that he is Business Manager of the Vera Beach Press -Journal, a daily newspaper published of bdm Rwer has. by Readtaon No. 93•
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being218, datangkW flint la necessary for he pddk
welftee a h19 clNzerla of the wady, and Pankwmty
to ttwae 8vtrg, workhg, end owrig popmty
dwmffi,hmotahe x o to be bed W eaKm, Dint pevtg and
a / WHEREASof cCouiq Cammis*,.
lf D has keused an easesanea rd to be omVMW and
and
in the matter ofyls � z tdeWHERE". Soct to 206B02 Dil,
(J e. coq S. Seam 208.Da, of int R rm Comfy
WHERE". raquo-ea net he mind a County camas•
SWM t shat axe bre and Maes at Mor 9e own•
. a�saaa�the h po W tl to be asses�eeped�or arty fo Data
Ward the
a Cortnlheebs and be Its to
ae poptely mai qty of mead arld
In the Court, was pub" a ' as to to °mi hares' as
p,yVent "Info, and as to he
Amami hereof to be easas�d agmen each pop
!/ 9 beneate0
Risher in said newspaper in the issues of r%�� � ' Z�� l,l OF COUNT BE COMMISSIONERS REsa.Vm By THE
v BOARD � MCF -EY EITREOLVED OF HE
DVN RNER COUNTY, FLORH A, as to im&
1. Cos bW d a at aa�tcn
v�p al fie hart a 9:05 A.M. m Tuesday, Jarw-
ery 1994, or which ams Inns omera of the
Affiant further says that the said Vero Beach Press•Journai is a newspaper published at Properties to be aeseased and any cher Interested
Vero Beach, in said Indian River Count Florida, and that the said newspaper has heretofore p Rel' "Pear M base ear Cto be and
y, ba heard h regard ar bat. The mea to . ar and '
been continuously published in said Indian River County, Florida, each daily and has been and ma propmha to bs spaaety bemfaed me
entered as second class mail matter at the Post office in Vero Beach, In said Indian River Coun• ROre P°'tltlaay �n h'o a i
ty. Florida, for a period of one year next preceding the first publication of the attached copy of plat MW tha assasomni Clad rd YAM regard to ae spa
advertisement; and affiant further says that he has neither paid nor promised any person, firm 2. Al paean heremBO h he owshtcum of
or corporation any discount, rebate, commission or refund for the purpose of securing this °codend ftspecial assesanerde
agaiat popartlas to be SPNIally berefaed may
advertisement for publication in the said newspaper. edea he assessnea pat slnwitg me area to be
assessed. ae ass"Wed tok Ne PLUM and ap I.
�1 kale for sad Mpormnmta. and an emirate of
S�wt11 to.,)nd subscribed bet me1 �las / !. P4 ay o A.D. 19 me ask aelew m me omoe a the clerk to ds ;
�f /!��/•� Soar%geek day I= 9:30 A.M. mg &00 P.M.
°P� C. S`p � n. �r, q ^•.. v 9 / 3. Nonce a he Wre and plain a ft pd* Nm.,
Business Manager) V stma be 'pb" M hIn the
Beach Pddk .
Q- ,0• a C, i t .BARBARA C. SPTIAGUF.. NOTARY PUBLIC. ( ? 9 I •'ode Iad�atkna h the Veto UN
0. of a week eparl The lam
Stale a Florida. My Cnmmksmun Exp. June 29.1 MY tlon shat be m loam one weak pbr to the date a
My Comm. Expires ' m ": ckmrnsalon Nund,er.0000579 ftlemktg. The Irtdan Rim Canty Dep b,- a
t Pkddk Waks stet give Do owner of each popaly
s Jtrrre 29,1997 a to be" h pecialyy asm least tand pim, aw be
in dais nonce h
NIISef OM72 yA 2.�. eendd by ffmov a owy of such rwtlto each of
Nom•• p Stoned: such= okwkms at Ns fat kwm admesa. '7
z,�.91.. OF Q`\OP •`
Notary: BARBARA C. SPRAGUE � 'ft motion und e0o,� 'saw by
••., F O ,. ConnaNsalontm fE99mt. and. win beat9 pd to a
' axe, iha aria tan a
'••• • - r2karrmn Rktkerd N.. Blrd d Absea
Vie Ch2dm=John W.Tlpph Aye
Com'dasknm Ffml B. Adorns .. Aye,
Camdssiow CmBynK EhptapeMrlt Aye
Rha Chaim t thmekryo I -dadare0 the reaoWaw
dWY paced and adopted Inds 21 day of Deomrhm,
1993. BOARD OF COUNTY COMAASSIONERS 1
MAN RIVER COUNTY. FLORIDA
AtestZK. Banco• Clank n
By.•aPetritla
. _ Jen 4,11.1994 folio 7 •
7
• " 'I "& :;
•
eooK 91 FgE 5,30'
JAN 18 1994
BOOK 91 FacE 5:37
The Board reviewed the following memo dated 1/3/94:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P .
Public Works Director
and �-
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, C.E.T. U
Civil Engineer
SUBJECT: Public Hearing for the Paving & Drainage Improvements to 128th Court, 236 L.F.
North of 79th Avenue (Elaine Street)
DATE: January 3, 1994
On December 21, 1993 the Board of County Commissioners adopted Resolution No. 93- 216
providing for certain paving and drainage improvements to 128th Court, 236 LI Norah of 79th
Avenue (Elaine Street).
This was a Public Works Department initiated public improvement assessment and developer, Mr.
C. H. Kirrie has escrowed $4,275.00 for paving his portion of 128th Court. The Public Works
Department met with the property owners in the benefited area as previously stated in the agenda
item for the Providing Resolution.
On December 21, 1993 the Board of County Commissioners adopted another Resolution 93- 217
setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the
assessment against each property owner. This hearing is scheduled for January 18, 1994.
It is recommended that motions be made to approve the assessment roll, and confirming resolution
with changes, if any, made after input at the January 18, 1994 Public Hearing. Revised confirming
resolution and assessment roll will be forwarded to Chairman of the Board for signature. The
Assessment Roll and assessment plat are on file with the Clerk to the Board of County
Commissioner's office.
8
Public Works Director Jim Davis explained that back in 1988
Mr. Kirrie placed $4,275 in an escrow account to pay for his paving
assessment on 420 feet of frontage along 128th Court when the time
came to pave that street. In a telephone conversation yesterday,
Mr. Kirrie requested that we apply all of his escrow money to the
210 feet of the project so that his neighbor across the street,
Mrs. Manz, will not have to be assessed. Mrs. Manz does not want
to participate in the paving at the present time, and staff has no
problem with Mr. Kirrie paying for her share so that the paving can
be accomplished. Because staff does not anticipate that it will be
critical to extend that road in the future, Mr. Kirrie also
requested that the County pave up to his second driveway, which
would put the total.length of the project at 236 feet.
Commissioner Adams asked if any interest is accrued on these
types of escrow accounts, and Administrator Chandler explained that
depending on how the escrow is established, the interest normally
accrues to a general escrow account as opposed to each of the
individual projects that may be within that account. In some
instances, it goes into the general fund. After reviewing Mr.
Kirrie's escrow with Director Davis and OMB Director Joe Baird,
everyone felt it is realistic, considering that it has been in that
overall general account since 1988.
Commissioner Eggert explained that in Mr. Kirrie's situation,
the escrow was a condition of a Certificate of Occupancy issued in
1988. Mr. Kirrie escrowed that money for the future paving of his
street, but it is the County's decision on when to do the project.
The question arose as to whether Mr. Kirrie should be assessed at
the new prices or the old prices, and the County Attorney's office
advised that the old prices were applicable on this project.
Commissioner Eggert suggested that the Board review the escrow
program because it is difficult for Director Davis to keep up with
all of the escrow accounts and their time frames.
Chairman Tippin opened the public hearing and asked if anyone
wished to be heard in this matter.
C. N. Kirrie, of Roseland, distributed copies of information
he had assembled pertaining to the paving costs assessed to his
property on 128th Court. He noted that in the original application
for paving, the assessments began at the property line and ran back
166 feet plus 45 feet, putting the total length of the project at
211 feet. He escrowed for 420 feet on one side and that divided by
2 equals 210, not 236 feet. His escrow will pay for 210 feet of
the 211 feet of the total length of the project.
�q
JAS i 199 mox, 91 PAGF 5��►
r JAN 18 19,94
BOOK 91 PAGE 539
Director Davis explained that the length of the project is 25
feet plus 166 feet plus 45 feet which computes to 236 feet.
Mr. Kirrie agreed that is the length of the project, but he
pointed out that the preliminary assessment for 166 feet plus was
calculated by assessing from the point that begins at the face of
the property.
Director Davis explained that in 1988 Mr. Kirrie's assessment
was calculated on the length of frontage (420 feet) times $30.00
times 3.75, which was his fair share of the assessment because he
had only one side of the road. What complicates the matter is
that Mr. Kirrie is paying for both sides of the street now and he
is requesting us to apply his escrow amount of $4,275 to a project
of $9,139 in total costs. In addition, Mr. Kirrie is asking us to
extend the pavement 26 feet further to his second driveway for
which he is willing to pay an additional $836. The'total cost to
Mr. Kirrie would be $5,143.
PRELIMINARY COST ESTIMATE FOR
128TH COURT (236 L.F. NW OF 79TH AVENUE)
PROJECT 9121
TOTAL T..F. 236
TOTAL F.F. 332
1, ENGINEERING $611.24
Based on $2.59/LF
2. CONSTRUCTION $7,764.90
SUB -TOTAL $8,376.14
3. ADMINISTRATION $252.54
3.0149926% OF
ENGINEERING
& CONSTRUCTION
4. 2% TAX COLLECTORS
FEE (ENGINEERING $167.52
& CONSTRUCTION)
5. PERMIT FEES $300.0
6. RECORDING FEE $43.50
SUB -TOTAL .$9,139.70 `
TOTAL COST OF PROJECT $9,139.70
$9,139.70 + 236 L.F. $38.7275 L.F.
$38.7275 x 191 L.F. — $7,396.96 z.75 a $5,547.72 + 332 $16.71 F.F.
$38.7275 x 45 I -F. — $1,742.74 x.75 m 51,307.060
•
This addidand cost to be paid by Mr. Rime
75% To Be Paid by Pmparly Owners $6,854.78
25% To Be Paid by County $2,284.92
17 -Ian -94
10
Commissioner Bird explained that the project cost begins at
the road and the assessment area begins at the property line.
Commissioner Eggert noted that Mr. Kirrie is going to pay for
the 26 additional feet with fresh dollars at the new cost.
Mr. Kirrie emphasized that if he had invested the $4,275
rather than having it in escrow all this time, he certainly could
have paid for the project twice. Mr. Kirrie believed that a check
of the assessment calculations would reveal a minor discrepancy.
Commissioner Bird understood that we are making up the
difference from what Mr. Kirrie's money would have bought in 1988
and what his money will buy today. Other than that, we are
treating this project exactly the same as we do any other paving
project, which is the cost of the project divided by the area of
ownership of land fronting the project with the owner paying 75
percent and the County paying 25 percent.
Mr. Kirrie next requested that the money he has in escrow for
the construction of a sidewalk in front of his property on 128th
Court be applied to the cost for paving the extension to his second
driveway. He asked to be assessed for a sidewalk at the time it is
constructed, if ever.
Attorney Vitunac advised that it would be legal to do that.
He felt it would be a good idea to review the County's escrow
policy now that we have a very good assessment program in place.'
He stressed that there is no need for an escrow as long as there is
a piece of property that we can assess.
Mr. Kirrie reiterated his frustration about having to escrow
such a large amount of money for over 6 years, emphasizing that the
escrow was a condition of the Certificate of Occupancy.
Commissioner Bird suggested that the Board authorize Mr.
Kirrie's sidewalk escrow to be applied to the costs of extending
the pavement to the second driveway.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously agreed to
review the County's escrow policy; approved the
application of Mr. Kirrie's paving escrow to the
$4,275; approved the application of Mr. Kirrie's
sidewalk escrow to the $868 cost of extending the
paving to his second driveway; and adopted
Resolution 94-16, confirming the assessment roll for
certain paving and drainage improvements to 128th
Court, 236 L.F. North of 79th Avenue (Elaine
Street).
11
Box 91 Ft1 c 549
BOOK 91 P,�cE 541 7
Confirming (Third Reso.) 1/20/93(ENG)RES3.MAG\gfk
RESOLUTION NO. 94- 16
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
THE ASSESSMENT ROLL FOR CERTAIN PAVING AND
DRAINAGE IMPROVEMENTS TO 128TH COURT, 236
L.F. NORTH OF 79TH AVENUE (ELAINE STREET).
WHEREAS, the Board of County Commissioners of Indian River
County adopted by Resolution No. 93-216, providing for certain
paving and drainage improvements to 128th Court, 236 L.F.
north of 79th Avenue (Elaine Street); and
WHEREAS, said resolution described the manner in which
said special assessments shall be made and how said special
assessments are to be paid; and
WHEREAS, the resolution was published as required by
Section 206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 93-217, on December 21, 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 Vero Beach Press Journal
Newspaper on January 4, 1994, and January 11, 1994, (twice one
week apart, and the last being at least one week prior to the
hearing), as required by Section 206.06, Indian River County
Code; and
WHEREAS, the land owners of record were mailed notices at
least ten days prior to the hearing, as required by Section
206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County on Tuesday. January 18, 1994 9:05 A.M. conducted the
public hearing with regard to the special assessments,
12
RESOLUTION NO. 94-16_
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their
entirety.
2. The special assessments shown on the attached assessment
roll are hereby revised to use the monies escrowed by Mr.
Christopher Kirrie for SP -MA -87-02-16 in the amount of
$5,143.92 and Indian River County's share of $3995.78 to
pave 128th Court in Roseland. Ms. Janie Armstrong Manz
will be eliminated from the assessment roll. The total
Preliminary Cost for the paving of this portion of 128th
Court will be $9,139.70, and are hereby confirmed and
approved, and shall remain legal, valid, and binding first
liens against the properties assessed until paid in full.
The resolution was moved for adoption by Commissioner
Fqqprt , and the motion was seconded by Commissioner
R i rd , and, upon'- being put to a vote, the vote was as
follows:
Commissioner
Richard
N. Bird
Aye
Commissioner
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Kenneth
R. Macht
Aye
Commissioner
Carolyn
K. Eggert
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 18 day of January , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
r JOHN W. TIPP 'CHAI
test :
Jeftwet K. Baton, rk
r6RW, 'Ce
Attachment: ASSESSMENT ROLL
13
BOOK 91 PAGE 542
JAN 181994 J
r JAN 18 1994
BOOK 91 FACE 543
PUBLIC HEARING — PAVING & DRAINAGE IMPROVEMENTS TO 126TH ST.
BETWEEN 78TH & 79TH AVENUES (ELAINE ST.)
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised, as
follows:
VERO BEACH PRESS -JOURNAL
PROPERTY ON_126'W tiTREET BE-
TWEFN 7BT11 AVENUE AND 78TH AVE-
NUE (ELAINE STREET) IN ROSEIAND .
Published Dally
LAKES E ���� "
THE BOARD OF COIANTY COMp�ION.
Vero Beach, Indian River County. Florida
ERS AND BE HEARD A9 TO THE '
:r=AND ADV6 SI% DF Mac..'
PMI PAVPMISr ORABNAOE aAPROVE. ..
MENTS TTHEREOF, �A4�TERO�THE TMANNER
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
' COST
DF PAYMENT THIFTWO, AND AS TO
.'
THE AMOUNT THEREOF TO BE SPE -
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
CIALLY ASSESSED AGAINST EACH ;-
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
fl10�TMDTY•
YN!¢pEA$, tie Bond a Carry Ca a ftalWse
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
21 !% pMa Co,xd� fine M Reaoadbrt No 83,
218. diet h b
of Ina e coura , far gg p
Wafts altlxere or els corny. mtlpropsprow"
C�
a
wUbin de am dasamed hwor"owrta, p�� end
��%�� ^�// 9
93cf
bemaof teb:endcmmftsbm
in the matter of 1(JL7• �i 9
an 1� aan and
Bed wMh tie Clap bee Band; ad
WHEREAS. Section 208.06, hdm RNer carry
Cote. reWtras that ee Board of Carmes•
sierra ehea ibt a ere and Pleoe at which tee own•
tea of Ee properties to be assessed or any cam
bar&. the
of Y CAmrdsswr ore a� heard as b
in the, Court, was pub-
aryq and
Pag" Wd advbdv8y o! m =.89
as b ee ooai sere as
�//
. .
to ft roamer of payrnern Naefor OKIas to
lished in said newspaper in the issues of �. �/ ��
WN to Pfop.
'BOA.TIM
COUNTY �c OrIT i OF 9�N-
DIAN RIVER COUNTY, FLORIDA as foam :
•
1. The COXItY OxTO"M OA Co onn chi nbae h ft Ca�edy, dAtrii istation
Afflant further says that the said Vero Beach Press -Journal Is a newspaper published ata
tie latr of 9:06 A.M. an Ttesday, JarN,.
at which
tpernaetto of the
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
PO ee amid arty �
been continuously published In said Indian River County, Florida. each daily and has been
may appear before arra Cammisdm and
� hp The area b be er
entered as second Class mail matter at the post office in Vero Beach• in said Indian River Coun•
orepgsarrtIdasthe proved
ty.Florida, for a period of one year next preceding the first publication of the attached copy of
more parfld: desaPoedesneaw,et-
the assassim
advertisement; and affiant further says that he has neither paid nor promised any person, firm
cam roe wh raged to 9e ape
or corporation any discount, rebate, commission or refund for the purpose of securing this
2. Al persao hmrestad in the construction a sad
advertisement for publication in the said newspaper.
{fir
br PrePards to be baeasaeasnarca egaha
era assasanad plat show6g the area to be crass..
�$wmx "4pd subscribed before rite this y day A.D. 19
•;` ., A 1 �,f, 1
C. $A' C � �
�j 1/,c -
sa d• ma said krmu reef tle pane and �ed.
th@ Cos ra red 91ft fiw am en Clerk to m
ore fast tlraeat a the ot8m a eta caedt b the
�>^,,,,,,� (
T :Qy"''.
Board Wry weds day from 6:30 ANL wo SM P.M.
3.
••''Q0 `
' ` A�` �CrTG L EARA C. SPR GUE, NOTARY PUBLIC. (BusifS s onager)
slee°tice ba g�� a, the D Public Wadte by
h
My Comm. EM 'res i Slate of Florida, My nommmaion ` 29. 19N
PtaB week �v� Prerl
=hmW�i
June 29, 1997 --
' K� 0572 ' %
Y�aq� � Cououdyy Deper� Be PuW
Waft shall Ora the owns of each Properly to be
>•
= N'•� : ./ �1 . . : /°� A.•'1_�.�l.L�-�
~Notary:
a least tan days notice h wd6ng.
saval
LiG,• AQP BARBARA C. SPRAGUE �f nW4g
O»
a copy a a ldh noft b �t of a ch.pro�p.
any owners at his las known address.
ThreNclution for adoption by CarwrIN.
..FL.C?,'
dmrW M a tL and the oft was samtgBd by
..
L ertd,
camertlsswm E�er. Wan beteg Pd m a
war. vee was as
'
h . Bird
Chaaman RidmrA N. Bid gDsad .
Vice Chesmart= W. T�7ph Aye
' Caadssbner Fran B. At1Wna . - Aye
CcffmftSbw Caro" K.�Mp�deped�tla
COO r Aye
Wad
aa
6r Passed d edWted ft 21 day Dwanba,
1693. Wt
BOARD OF COUNTY COMMS O Mo '. .
INDIAN RIVER COUNTY, FLORIDA
Br.44U HARD N. MW. Chdmmn
Armt-5JJ1. Barton. QWIa1er.4-P bW S. Had,
D.C.
Jan. {.11.1!9.1 1059821
14
90►
The Board reviewed the following memo dated 1/3/94:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM:
Michelle A. Gentile, C.E.T.
Civil Engineer
SUBJECT: Public Hearing for the Paving & Drainage Improvements to 126th Street between
78th Avenue & 79th Avenue (Elaine Street)
DATE: January 3, 1994
On December 21, 1993 the Board of County Commissioners adopted Resolution No. 93-218
providing for certain paving and drainage improvements to 126th Street between 78th Avenue &
79th Avenue (Elaine Street). A petition was received from the property owners on this road and
property owners owning 69% of the front footage have signed this petition. The Public Works
Department met with the property owners in the benefited area as previously stated in the agenda
item for the Providing Resolution.
On December 21, 1993 the Board of County Commissioners adopted another Resolution 93-219
setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the
assessment against each property owner. This hearing is scheduled for January 18, 1994.
It is recommended that motions be made to approve the assessment roll, and confirming resolution
with changes, if any, made after input at the January 18, 1994 Public Hearing. Revised confirming
resolution and assessment roll will be forwarded to Chairman of the Board for signature. The
Assessment Roll and assessment plat are on file with the Clerk to the Board of County
Commissioner's office.
Civil Engineer Michelle Gentile distributed copies of a letter
from Louis Simonye protesting a full assessment of his property
because he believed he would not benefit from the improvements
which will terminate at Elaine Street and not even touch his
property.
Chairman Tippin opened the Public Hearing and asked if anyone
wished to be heard in this matter.
15
BOOK 91 . FADE 544
�N
•
BOOK 91 FACE 545
Fred Mensing, 7580 129th Street, advised that he was
representing Mr. Simonye who could not be here this morning. Mr.
Simonye's concern is that he was told by the Continental Bank that
he may have some trouble selling/mortgaging through FHA or VHA
financing because the properties do not face the street. Mr.
Simonye would be willing to deed to the County the 130-150 feet
into his lot and extend the project to that point so that the two
properties would front on the street and be a benefit to him. Mr.
Simonye plans to subdivide that property within a few years and
built a street through the middle of that 5 -tract. The benefit to
the County would be that Mr. Simonye would pay 100 percent of the
costs to build the street and the County would pick up a total of
8 saleable lots. In conclusion, Mr. Mensing emphasized that Mr.
Simonye is adamant that this project will not be of any benefit to
him at this time.
Commissioner Bird pointed out that it appears from the map
that Mr. Simonye does have a short bit of frontage on the road to
be paved. He had to believe that having a paved road, even if it
does dead end at his property, would benefit Mr. Simonye' s property
and its future development potential.
Mr. Mensing explained that Mr. Simonye is being assessed for
two parcels, but Civil Engineer Michelle Gentile advised that after
a field trip she determined that the other parcel would not receive
any benefit from the paving because there is no real access from
126th Street due to the large amount of underbrush there.
Commissioner Adams asked why we are doing this assessment on
a per parcel basis instead of our usual front footage assessment,
and Mrs. Gentile explained that staff feels a per parcel assessment
would be more equitable to all participants in this paving project.
Commissioner Bird felt, in all fairness, that if we ever do
pave that north/south street there, Mr. Simonye should not be
assessed twice for that portion of his property shown as a t -shape
on the map.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner' Bird, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-17, confirming the assessment roll for
certain paving and drainage improvements to 126th
Street between 78th Ave. and 79th Ave. (Elaine
Street) in Roseland Lakes Subdivision.
16
� � r
Confirming (Third Reso.) 1/20/93(ENG)RES3.MAG\gfk
RESOLUTION NO. 94- 17
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE
ASSESSMENT ROLL FOR CERTAIN PAVING AND
DRAINAGE IMPROVEMENTS TO 126TH STREET BETWEEN
78TH AVENUE AND 79TH AVENUE (ELAINE STREET) IN
ROSELAND LAKES SUBDIVISION.
WHEREAS, the Board of County Commissioners of Indian River County adopted
by Resolution No. 93-218 providing for certain paving and drainage improvements to 126th
Street between 78th Avenue and 79th Avenue (Elaine Street) in Roseland Lakes
Subdivision; and
WHEREAS, said resolution described the manner in which said special assessments
shall be made and how said special assessments are to be paid; and
WHEREAS, the resolution was published as required by Section 206.06, Indian River
County Code; and
WHEREAS, the Board of County Commissioners of Indian River County passed
Resolution No. 93-219, on December 21, 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
Vero Beach Press Journal Newspaper on January 4, 1994, and January 11, 1994, (twice one
week apart, and the last being at least one week prior to the hearing), as required by Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least ten days prior to
the hearing, as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River County on
TuesdaL Jaium 18 1994 9.05 A M conducted the public hearing with regard to the special
assessments,
17
JAN 18 1994
BOOK 91 PAGE 546
JAN 18 1994
BOOK 91 FACE 547
RESOLUTION N0.94-1 7
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMNIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are hereby confirmed
and approved, and shall remain legal, valid, and binding first liens against the
properties assessed until paid in full.
3. The County will record the special assessments and this resolution, which describes
the properties assessed and the amounts of the special assessments, on the public
records, which shall constitute prima facie evidence of the validity of the special
assessments.
The resolution was moved for adoption by Commissioner B i r d , and the
motion was seconded by Commissioner F g g e r t , and, upon being put to a vote, the vote
was as follows:
Commissioner Richard N. Bird A y e
Commissioner John W. Tippin A y e
Commissioner Fran B. Adams Ay e
Commissioner Kenneth R. Macht Aye
Commissioner Carolyn K. Eggert A y e
The Chairman thereupon declared the resolution duly passed and adopted this 18 day
of January , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
(_%JOHN W. TIPPIN
Attest:
Jeffrey . Barton, Cler
Chairman
Attachment: ASSESSMENT ROLL
18
TELEVISING BCC MEETINGS
The Board reviewed the following memo dated 1/12/94:
TO: Board of County CommissionersDAM January 12, 1994 FILE:
SUBJECT: Televising BCC Meetings
s
FROM: mes E. Chandler REFERENCES:
County Administrator
Superintendent Gary Norris has advised that the School Board is in a position to
televise BCC meetings on a limited basis at this time. Through the first June
meeting, the first and third regular Tuesday meetings could be televised. Due
to conflicts with School Board meetings and student classes, the second and
fourth Tuesday BCC meetings cannot be televised initially. After June, Dr.
Norris indicated they may be in a position to televise all four monthly meetings.
Some special meetings, such as budget or LDR hearings, could be televised with
sufficient advanced notification. A tape of all meetings would be provided.
The proposed fee, which is subject to further discussion, would be $100 per
hour. The prior quote through the cable and video production companies was
$300 per hour. Rebroadcast expense is currently $50 per meeting.
Assuming an average of 2 hours per meeting, the expense for the nine scheduled
meetings through June would be $1,800 televising and $450 rebroadcast for a
total of $2,250.
The estimated annualized expense, assuming four regular monthly meetings would
be televised, is $9,600 televising and $2,400 rebroadcast for a total of $11,850.
Special meetings would be additional. Based on the prior quotes, the equivalent
cost was $31,200 ($28,800 televising; $2,400 rebroadcast).
If the Board concurs, we will proceed with finalizing arrangements with Dr.
Norris, with an objective of televising the first meeting in February.
JEC/mg
The Commissioners wished to include the special meetings,
especially those held in the evening, i.e. budget hearings and LDR
hearings. The Board agreed they would like to start with the
special meeting to be held at the School Board on January 31, 1994
and, perhaps, the budget workshop scheduled for February 24, 1994
at 9:00 a.m. in the Commission Chambers.
Commissioner Macht asked about the patch to Falcon Cable, and
Administrator Chandler explained that there is no way to do a live
feed to Falcon at the present time.
19
BOOK 91 �,vF.548
J
BOOK 91 FAGS 549
Dr. Gary Norris, Superintendent of Schools, advised that
Falcon's lines extend almost to the Gifford Middle 6 School, but
the problem is that they use a different type of cable than that
used by TCI. A micro wave signal would have to be set up to bring
in the north county which he felt would be really great. Up to
now, however, there has been no reason to do it.
Commissioner Macht suggested that we negotiate doing that
through our franchise agreement.
Dr. Norris stressed that the programming would have to be on
a trial basis until it is determined in June whether enough young
people will continue to be interested in the program. There has to
be a sufficient number of students to alternate shooting the
weekly meetings and the special meetings. After that is determined
in June, they may be in a position to televise all four monthly
meetings.
Chairman Tippin believed there is a definite interest by the
public to have these meetings televised.
It was Dr. Norris's estimation that $100 an hour would go
directly to the Vero Beach High School to help pay for tape and
equipment and maybe to fund a work/study program for the students
to receive a few dollars an hour for their extra efforts, and to
pay some of the sponsors for their extra time and involvement. He
assured the Board that the School Board would not reap any of this
money and that it will go back into the program.
Bill Koolage of Vista Gardens encouraged the Board to go ahead
with the programming which will give the residents a chance to view
BCC meetings in their homes.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the proposed televised programming of BCC meetings
as set out by staff.
20
SEMI-ANNUAL BOND REVIEW
The Board reviewed the following memo dated 1/7/94:
TO: James E. Chandler, County Administrator
TBSU: Jack Price, Personnel Directo
FBOm: Beth Jordan, Risk Manager �• r;
DATE: 7 January 1994 ' ;.�.,�,a•• R
SUBJECT: Semi -Annual Bond Review
Please consider this item for the Board of County Commissioners)
January 18, 1994 consent agenda.
BACKGROUND
Chapter 137.05, Florida Statutes, requires the Board of County
Commissioners to review the bonds of the County officers twice
annually. The Board last reviewed the bonds on July 6, 1993.
ANALYSIS
We have reviewed copies of the bond for each Commissioner and
Constitutional Officer and, upon review, found them to be
sufficient in keeping with the statutory requirements.
RECOMIUNDATION
Following review, no further action is required of the Board.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously accepted
the Semi -Annual Bond Review as presented by staff.
In answer to Commissioner Macht's question, Attorney Vitunac
advised that it is not possible to waive these bond requirements.
LEASE OF SOUTH COUNTY PROPERTY FOR PROPOSED SOCCER FIELDS
The Board reviewed the following memo dated 1/11/94:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director --
SUBJECT: Lease of South County Property for Proposed Soccer Fields
DATE: January 11, 1994 FILE: SOCCER2.AGN
DESCRIPTION AND CONDITIONS
On December 14, 1993 the Board authorized staff to prepare a long tern lease which
provides for the Indian River Soccer Association to utilize the south 25 acres of the Oslo
Dump site located west of Old Dixie Highway south of 1st Street(20 year renewable lease
at $1/year).
RECOMMENDATIONS AND FUNDING
The County Attorney's office has prepared the lease and staff is requesting the Board's
authorization to have the Chairman execute the lease.
21
JA BOOK 91 Fvmu 550
N 8 1994
JAN iSM
BOOK 91 pAn 551 -1
Public Works Director Jim Davis advised that staff would like
to add a renewable clause under the term of the lease in paragraph
#1.
Commissioner Bird suggested the addition of a non -transferable
clause stating that the lease is strictly with the Indian River
Soccer Association and cannot be transferred to anyone without
approval by the Board of County Commissioners.
Commissioner Eggert understood that the way it usually works
is that they would have to come back to the Board if they wanted a
transfer.
Commissioner Adams agreed that we should add it anyway, and
Attorney Vitunac stated that he would add the non -transferable
clause to the lease.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
a long term, non -transferable lease for the Indian
River Soccer Association to use the south 25 acres
of the Oslo Dump site located west of Old Dixie
Highway south of 1st Street (20 -year renewable lease
at $1/year), as recommended by staff.
Commissioner Bird felt the lease was relatively clear that if
for some reason the lease is terminated by either party, the County
can ask for the removal of any improvements that the Soccer
Association has made and that the property be restored to its
original condition, or the County can choose to keep those
improvements.
Attorney Vitunac confirmed that the last sentence in paragraph
#6 sets out that condition. He explained that without a non-
transferable clause, the Soccer Association would have been able to
transfer the lease, but the transferee would have had to live up to
the same conditions and the same plans or it would have been a
breach of contract.
AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED
22
DEVELOPER'S AGREEMENT FOR UTILITIES - WAL-MART STORE, NORTH COUNTY
The Board reviewed the following memo dated 1/6/93:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
JANUARY 6, 1993
JAMES E. CHANDLER
COUNTY ADMINISTRA
TERRANCE G.
DIRECTOR OF
JOSE R. DIAZ
PRIVATE PROD
CES
VS ENGINEER
UTILITY SERVICES
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND WAL-MART
STORE, INC., NORTH COUNTY
INDIAN RIVER COUNTY PROJECT NO. CDS-CCS-475
On December 7, 1993, the Board of County Commissioners approved an
agreement between Indian River County, a political subdivision of the
State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (County)
and the City of Sebastian for water and sewer service as depicted' on
the attached inter local agreement. We are now bringing an agreement
for the connection of the Wal-Mart retail shopping center to the
County's water distribution facility at Roseland Road. The County's
Master Plan requirements make it necessary to increase the .diameter of
the proposed water lines to implement the Indian River County Potable
Water Master Plan.
ANALYSIS
The proposed utility construction along U.S. Highway ,#1 will
necessitate the construction of the following water mains.
Approximately 3662 linear feet of 16" diameter and 216 linear feet of
10" diameter at* the on-site and off-site of the mentioned shopping
center. The estimated cost of this construction is $194,633.35, (see
Attachment A). This amount shall be reimbursed by the County to the
Developer. Funding to cover this construction will be from the impact
fees fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the above-mentioned developer's
agreement with Wal-Mart Stores, Inc.
11"Tul-11163M 11
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht, that the Board approve the
Agreement with Wal-Mart Stores, Inc. for the
provision of water and sewer service to the store
located in Sebastian, as recommended by staff.
23
BOOK 91 FA .552
I
qq
BOOK 91 FACE 55c��
Under discussion, Commissioner Adams inquired about their
impact fees, and Utilities Director Terry Pinto explained that the
impact fee for the Sebastian store is approximately $53,000. When
you analyze an impact fee, approximately half of it is for line
distribution and the other half is for capacity; however, the
extension of this line is a master plan line which will service all
of the properties in the same area.
Commissioner Adams understood that our agreement was only to
serve the Wal-Mart location, but Director Pinto explained that we
carved out a specific service area with Wal-Mart on the south
boundary. We did it this way in the event that if Wal-Mart didn't
come about, we would build this master plan line anyway.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WATER MAIN EXTENSION --OSLO RD. & 74TH AVE. - CHANGE ORDER NO. 1
AND FINAL PAY REQUEST - DRIVEWAYS, INC.
The Board reviewed the following memo dated 1/6/94:
DATE: JANUARY 6, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAT R
FROM: TERRANCE G. PINT
DIRECTOR OF UTI T SERVICES
PREPARED TERRY H. DRUM
AND STAFFED ENVIRONMENTAL SPECIALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN EXTENSION - OSLO ROAD AND 74TH AVENUE
WORK AUTHORIZATION NO. 15
INDIAN RIVER COUNTY PROJECT NO. UW -93 -19 -DS
CHANGE ORDER NO. 1 AND FINAL PAYMENT REQUEST
BACKGROUND
Construction of the subject project has been completed, and the
contractor, Driveways, Inc., of Titusville, Florida has made
application for final payment. The pay request includes an increase
of $3,288.58 as reflected on Change Order No. 1 (see attached).
The labor cost increase is due to:
1. An 8 -inch backflow assembly with the addition of strainers and
a bypass.
2. An increase in the quantity of fittings used as compared to the
.original estimate.
24
ANALYSIS
All Indian River County requirements have been met, and our testing
has been satisfactorily completed. The original labor contract
price was $37,605.96, and the final labor contract price is
$40,894.54, which includes Change Order No. 1. The contractor
previously has been paid $33,229.37. This leaves a remaining
balance of $7,665.17.
The Department of Utility Services recommends approval of the
attached Change Order No. 1 and final pay request of $7,665.17 as
payment in full for services rendered.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
Change Order #1 and Final Pay Request by Driveways,
Inc. of $7,665.17 as payment in full for services
rendered, as recommended by staff.
CHANGE ORDER NO. 1 AND WORK AUTH. NO. 15 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
AGREEMENT WITH WAL-MART/BAMS STORES FOR CONSTRUCTION OF OFF SITE
WATER LINES - 58TH AVE. AND SR -60
The Board reviewed the following memo dated 1/7/94:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
JANUARY 71 1994
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G.
DIRECTOR OF
JOSE R. DIAZ
PRIVATE P EGINEER
DEPARTMENT 2ILNTY SERVICES
SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND SAMS/WAL MART
STORES, INC. FOR THE CONSTRUCTION OF OFFSITE WATER LINES
58TH AVENUE AND STATE ROAD 60
INDIAN RIVER COUNTY PROJECT NO. CDS-CCS-468
BACKGROUND
Indian River County, a political subdivision of the State of Florida,
1840 25th Street, Vero Beach, Florida, 32960 (County) and Wal-Mart
Stores, Inc., 702 SW 8th Street, Bentonville, Arkansas 72716
25
JAN 18 1994 BOOK 554
r J A N 18 1994
BOOK 91 FAGS 555 -7
(Developer) wish to enter into an agreement for the construction of two
water lines implemented by the Indian River County Potable Water Master
Plan. The water lines are located in front and in back of the shopping
center, currently under construction at State Road 60 and Kings Highway
(58th Avenue) in Vero Beach, Florida and along the Indian River Farms
relief canal to the south (see attached exhibit from the Indian River
County Master Plan).
ANALYSIS
The project consists of the construction of all offsite utilities
necessary to serve the surrounding area. The County shall reimburse
the Developer as outlined below:
ITEM REIMBURSEMENT
a) Construction of a 12" diameter PVC
water main from 58th Avenue eastward
along State Road 60 to the eastern
property line and the construction
of a 12" diameter PVC water main
from 58th Avenue along the southern
property line.
A total of 4,175 L.F. $162,708.50
This REIMBURSEMENT is based on the estimated construction and
engineering cost only. Total reimbursement will be calculated during
final construction of the project but shall not exceed the stated
$162,708.50. Reimbursement for this construction shall be from the
Utilities Impact Fee Fund. (See attached developers agreement for
details).
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the subject agreement.
Commissioner Adams inquired about the change from using 12 -
inch D.I.P. pipe to 12 -inch PVC pipe, and Utilities Director Terry
Pinto explained that when we change from DIP to PVC, it is all a
matter of engineering based on the conditions of where the line is
installed.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board- unanimously approved
the Agreement with Wal-Mart Stores, Inc. for the
construction of off site water lines at 58th Ave.
and SR -60, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
26
POSTPONEMENT OF DEBBIE HOUSE TERMINATION APPEAL
Attorney Vitunac advised that Attorney Robert Stone has asked
for a postponement of the Debbie House termination appeal.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously cancelled
the appeal hearing scheduled for January 20, 1994,
and directed staff to negotiate a time and bring it
back to the Board for approval.
SITE PLAN ANALYSIS COMMITTEE
Chairman Tippin advised that a Commissioner is needed to serve
on the Site Plan Analysis Committee when the School Board develops
a new school site, and Commissioner Macht volunteered to serve.
STATE MANDATES - COUNTY'S REFUSAL TO PAY STATE AN ANNUAL
ADMINISTRATIVE FEE FOR PARRS
The Board reviewed the following memo dated 1/5/94:
OFFICE OF MANAGEMENT AND BUDGET
TO: Kenneth R. Macht
County Commissioner
DATE: January 5, 1994
f. SUBJECT: STATE MANDATES
FROM: Joseph A. Bair
OMB Director
The State of Florida has passed a new $300.00 annual administrative fee for existing leases,
sub -leases and management agreements on state owned land. Indian River will be charged
a total of $900.00 for the Wabasso, Treasures Shore Park and No. 11 Corp. property south
of Treasure Shore Park. This is alarming since Indian River County .contributed millions
of dollars with the state to purchase this land. Now we pay them an administrative fee when
we even maintain the property. This is another example of state mandated costs.
If you have any questions, please do not hesitate to contact me.
27
JAN 18
1994 BOOK 91 f,nuE 556
I
COWGyr,;..�i
The State of Florida has passed a new $300.00 annual administrative fee for existing leases,
sub -leases and management agreements on state owned land. Indian River will be charged
a total of $900.00 for the Wabasso, Treasures Shore Park and No. 11 Corp. property south
of Treasure Shore Park. This is alarming since Indian River County .contributed millions
of dollars with the state to purchase this land. Now we pay them an administrative fee when
we even maintain the property. This is another example of state mandated costs.
If you have any questions, please do not hesitate to contact me.
27
JAN 18
1994 BOOK 91 f,nuE 556
I
JAN 1 1994
BOOK 91 Fa,E 55 7 `
Commissioner Macht thanked OMB Director Joe Baird for bringing
this matter to the Board's attention. Commissioner Macht felt we
should refuse to pay the administrative fee because this is just
another example of state -mandated costs.
Commissioner Adams reported that she had Faxed a reply to
Senator Kurth, Representative Sembler, and others telling them that
our alternatives to paying the State, which we have no intention of
doing, were to bill them a sizable maintenance fee since millions
of dollars of our County's taxes have gone to those parks, or ask
that they change it legislatively because it probably is an
interpretation of a rule by staff which was not the legislative
intent.
Commissioner Bird pointed out that as the other half of the
lease, we could back charge them for the expenses we have had.
Commissioner Adams emphasized that this is a bureaucratic
interpretation which exceeds the legislative intent. FACo has
reported that several counties are refusing to pay this
administrative fee.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, that the Board authorize OMB
Director Baird to write a letter to the State
telling them we refuse to pay an annual
administrative fee.
Under discussion, Commissioner Macht noted that if we win this
one, it will make the next one easier.
THE CHAIRMAN CALLED FOR THE QUESTION.
was voted on and carried unanimously.
28
The Motion
COUNTY CODE OF ETHICS
The Board reviewed the following memo dated 1/12/94:
TO: Board of County Commissioners
FROM: Commissioner Kenneth R. Macht
DATE: January 12, 1994
SUBJECT: COUNTY CODE OF ETHICS
In late 1992 I presented to the Board of County Commissioners a draft
code of ethics for Commissioners, County Officers and County
employees. This matter was tabled for consideration at a future time.
In April 1993, the Board of County Commissioners adopted a code of
ethics for County employees, AM -806.1, Conflict of Interest. At the
January 11, 1994 meeting of the Board of County Commissioners, the
Board adopted a code of ethics concerning commissions, boards, and
committees established by the Board of County Commissioners.
I heartily support these efforts; however, a void still exists with
respect to a local code of ethics for Commissioners themselves and
County officers. I think the final stone, the keystone, should now be
put in place.
As a starting point, a draft code of ethics is attached. I request that
each Commissioner review this draft proposal and give any proposed
revisions or suggestions in writing to the County Attorney. I would
then like the item returned in ordinance form for further consideration
and public hearing.
After 'a brief discussion, the Board indicated their
willingness to review the draft proposal and give any proposed
revisions or suggestions in writing to the County Attorney who will
bring it back at next week's meeting.
REMINDER OF FROG LEG FESTIVAL
r' Commissioner Adams wished to remind everyone of the Frog Leg
Festival to be held in Fellsmere this weekend, January 20-24.
RESOLUTION - HABITAT FOR HUMANITIES
Commissioner Eggert recalled that two weeks ago the Board
agreed to provide a letter of support stating that the plans of
Habitat for Humanity are consistent with County plans and
regulations. However, they need the Board to adopt a resolution to
that effect to accompany the letter.
29
Bou 91 P�,vF 5 5S
J
JAN 181994 BOOK 91 F.AcF 559
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-18, certifying to the DCA under the
Community Contribution Tax Incentive Program that
the Habitat for Humanity project is consistent with
local plans and regulations.
RESOLUTION NO. 94- 18
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING TO THE STATE OF
FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS,
UNDER THE COMMUNITY CONTRIBUTION TAX
INCENTIVE PROGRAM, THAT THE HABITAT FOR
HUMANITY PROJECT IS CONSISTENT WITH LOCAL
PLANS AND REGULATIONS.
WHEREAS, the State of Florida, Department of Community Affairs,
under the authority of Sections 220.183 and 624.5105, Florida Statutes,
offers certain tax incentives under the Community Contribution Tax Incentive
Program; and
WHEREAS, one of the requirements to be a recipient of these tax
incentives is that the sponsor obtain a resolution from the local government
stating that the project is consistent with local plans and regulations; and
WHEREAS, Habitat for Humanity has applied to Indian River County for
such a resolution and has presented its plans to the County; and
WHEREAS, the County finds that the plans are in fact consistent with
local plans and regulations;
30
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that a copy of this
resolution shall be presented to Habitat for Humanity for presentation to the
Florida Department of Community Affairs as certification that the Habitat for
Humanity's project, as attached to this resolution as Exhibit "A," is
consistent with local plans and regulations.
The resolution was moved for adoption by Commissioner M a c h t ,
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 A y e
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 18 day of January , 1994.
_ BOARD OF COUNTY COMMISSIONERS
INDIAIJ RIVER COUNTY, FLORIDA
By4 -12 ,, 4--
o�vu. Tip in(
Jef re K . arton, , D� Chairman
/may
Attachment: Exhibit "A" /
31
�J A
�9�� BOOK 91 FnF.569
JAN 18 1994
q �
BOOK 91 PAGE 56 1
tp.la�IT,�,
•
Indian River County Habitat for Humanity, Inc.
R
2207 18th ?avenue, Nero Beach, FL 32960 (407)562-9860
C
ATTACHMENT "a"
TO WHOM IT MAY CONCERN:
This is a condensed overview of the Habitat for Humanity ministry
(project) in Indian River County:
The basic tenet of Habitat for Humanity International is to
eliminate sub -standard housing throughout the world.
As an affiliate of the international organization, Indian
River County Habitat for Humanity, Inc. (a charitable, non-profit
organization) works with employed, low income, needy families in
Indian River County to build decent, simple and sturdy houses.
Occupant families are selected on a non-discriminatory basis. They
invest a given number of "sweat equity" hours in the construction
of their home and then buy the house at cost via a long-term, no -
interest mortgage. The mortgage is held by Habitat.
Habitat's basic 3 -bedroom, 1 -1/2 -bath, frame house contains
1047 square feet of living space. Construction of the house is
done by volunteers under the guidance of a licensed general
contractor, is consistent with the provisions of the Southern
Standard Building Codes, and is inspected accordingly by local
Building Department inspectors. Fundsto buy the land and
materials for Habitat houses come from donations by churches,
individuals, foundations and other organizations who support the
Habitat philosophy of helping God's people in need.
Indian River County Habitat fo
build three houses with qualified
will be expanded each year as funds
philosophy of Habitat International
elimination of sub -standard housing
32
r Humanity's goal for 1994 is to
needy families. This program
permit. Our goal mirrors the
as we intend to work toward the
in our community.
AFFORDABLE HOUSING WORKSHOP
Commissioner Eggert advised that the Affordable Housing
Incentive Plan for local housing assistance will be coming before
the Board in March, and she wondered if the Board- wanted to
schedule a little workshop about the plan itself and its
interaction with the private domain before doing the Incentive
Plan.
The Board indicated their agreement, and Chairman Tippin
suggested a brief workshop at the end of one of our regular
meetings prior to this coming on the Agenda in March.
SOLID WASTE DISPOSAL DISTRICT
Chairman Tippin announced that immediately upon adjournment,
the Board would reconvene sitting as the Board of County
Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
There being no further business, on Motion duly made,
seconded, and carried, the Board adjourned at 10:17 a.m.
ATTEST:
J. K. Barton, Clerk
33
John W. Tippin, C airman
BOOK
91 Fact 5