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HomeMy WebLinkAbout2/1/1994M1NUTE01kTTAC,HEL= ..BOARD OF COUNTY COMM ISSIONERS� INDIAN. RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 1, 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 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - Rev. Richard Speck Unitarian Universalist Fellowship 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 13.A.2. Resolution supporting a Department of Youthful Offenders. Item 13.B. Comments Regarding Mandated Programs Item 13.C.2. Addendum to PEP Reef Contract Item 13.C.3. Discontinuation of our Urban Forester Item 13.C.4. Roseland Water Tower 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of January 11, 1994 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Schedule of Meeting of Indian River County Hospital District B. Request for Floodplain Cut & Fill Balance Waiver for Lot 4, Blk. 13, Vero Lake Est., Unit No. 2 (memorandum dated January 19, 1994) C. Progress Report & Reimbursement Invoice Third Year Planning Grant (1993) Invoice #4 ( memorandum dated January 21, 1994 ) D. Release of Utility Liens (memorandum dated January 25, 1994) E. County Tax Deed Applications (memorandum dated January 25, 1994) F. Cancellation of Outstanding Taxes (memorandum dated January 25, 1994) L_ FEB - 11994 BOOK 91 P,'�,Ir D`37 FEB 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS Paving 6 Drainage Improvements to 33rd Street ( Cherry Lane) Between 66th Ave. 6 58th Ave. (memorandum dated January 20, 1994) 10. COUNTY ADMINISTRATOR'S MATTERS Workshop Schedule (memorandum dated January 26, 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 None G. PUBLIC WORKS Security at the Fairgrounds Facility (memorandum dated January 26, 1994) H. UTILITIES 1. Final Connection of Completed Projects; Landfill Lift Station, North County. Schools 6 Sunshine Travel Park (memorandum dated January 24, 1994) 2. Citgo -General Equities Developer's Agree- ment Cost Adjustment (memorandum dated January 11, 1994) 3. North County R.O. Plant, Phase I Reduction of Retainage (memorandum dated January 20, 1994) 12. COUNTY ATTORNEY Acquisition of Remaining Parcel in Courthouse Complex (memorandum dated January 25, 1994) BOOK 91 I'AGF MS -7 M 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN Florida Highway Patrol (FHP) Resolution (memorandum dated January 11, 1994) (deferred from meeting of 1/25/94) B. VICE CHAIRMAN KENNETH R. MACHT C. COMMISSIONER FRAN B. ADAMS Macedonian Baptist Church Relocation to DuBose Cemetery D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT None 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. SEB -1 19ROOK 94 d Tuesday, February 1, 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, February 1, 1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn K. Eggert. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Reverend Richard Speck, Unitarian Universalist Fellowship of Vero Beach, gave the invocation, and Chairman John Tippin led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Tippin requested the addition of Item 13.A.2., a Resolution supporting a Department of Youthful Offenders. Commissioner Macht requested the addition of Item 13.B., Comments Regarding Mandated Programs. Commissioner Adams requested the addition of the following: Item 13.C.2., Addendum to PEP Reef Contract Item 13.C.3., Discontinuation of our Urban Forester Item 13.C.4., Roseland Water Tower ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously added the above items to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 11, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board approved the Minutes of the Regular Meeting of January 11, 1994, as written. FEB m 11994 BOOK 91 PAGE 64 0 r VE6 - 1 1994 POOK 91 F,,, c 641 -1 CONSENT AGENDA A. Reports The Schedule of Meetings of the Indian River County Hospital District was received and placed on file in the Office of Clerk to the Board. B. Rectuest for Floodplain Cut and Fill Balance Waiver for Lot 4 ,Block 13, Vero Lake Estates, Unit No 2 The Board reviewed memo from Civil Engineer David B. Cox dated January 19, 1994: TO: James Chandler County Administrator THROUGH: James W. Davis P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: David B. Cox, P.EAX Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 4, Block 13, Vero Lake Estates, Unit No. 2 REFERENCE: Project No. 93120153 DATE: January 19, 1994 CONSENT AGENDA John Pickerill has submitted a building permit application for a single family residence on the subject property. The site is located in an AE special flood hazard zone, base flood elevation 222 ft. N.G.V.D. In the attached letter from'the applicant's engineer dated January 18, 1994, a waiver of the cut and fill balance requirement is requested. The lot area is 1.07 acres. The volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 430 cubic yards. The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 - Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Altemative No. 2 - Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. Staff recommends approval of Alternative No. 1. 2 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously granted the cut and fill balance waiver for Lot 4, Block 13, Vero Lake Estates, Unit No. 2, as recommended by staff. C. Progress Report and Reimbursement Invoice Third Year Transportation Disadvantaged Planning Grant (1993) Invoice #4 The Board reviewed memo from Long -Range Planning Chief Sasan Rohani dated January 21, 1994: TO: James E. Chandler County Administrator DEP NT HEAD CONCURRENCE Rcd5ert M. Keating, JAICP Community Development D1,tector S � FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: January 21, 1994 RE: PROGRESS REPORT & REIMBURSEMENT INVOICE THIRD YEAR PLANNING GRANT (1993) INVOICE #4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 1, 1994. DESCRIPTION AND CONDITIONS It is required, as part of the Transportation Disadvantaged (TD) Planning Grant contract between the Indian River County Board of County Commissioners (BCC) as the Designated Official Planning Agency (DOPA) and the State of Florida Transportation Disadvantaged Commission (TDC), that periodic progress reports and reimbursement invoices. be submitted. To comply with the TDC's requirements, staff has prepared a progress report and invoice for the period from October 1, 1993 to December 31, 1993. . For the third year planning grant (1993), the invoice and progress report represent the fourth submittal. This progress report and applicable finished products, such as the Local Coordinating Board (LCB) meeting minutes, by-laws, etc., are required to accompany all reimbursement invoices. Attached for your review is a copy of draft invoice #4 and the progress report. This report, along with the appropriate supporting documents, will be submitted to the TDC upon the Board of County Commissioners/DOPA approval. 3 FEB - 11994 BOOK 91 PAGE. 642 r F E 73 rE. BOOK 91 F'r1c 643 -1 On January 20, 1994, the Transportation Disadvantaged Local Coordinating Board (TDLCB) reviewed and approved the attached progress report and invoice. At that time, the TDLCB recommended that the Board of County Commissioners, in its capacity as the Transportation Disadvantaged Program Designated Official Planning Agency (DOPA), approve the attached progress report and invoice and forward these to the TDC. ALTERNATIVES AND ANALYSIS Attached is a copy of the progress report and invoice for the October 1, 1993 to December 31, 1993 period. Finished products such as the TDLCB meeting minutes, by-laws, and reports are required to accompany all reimbursement invoices. These materials will be submitted to the state along with the reimbursement invoice and the progress report. The BCC/DOPA's alternatives are either to approve the transmittal of the Progress Report and reimbursement invoice as submitted, to approve transmittal of the Progress Report and invoice with revisions, or to deny the transmittal of the Progress Report and reimbursement invoice to the state. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners/DOPA approve the Progress Report and reimbursement invoice #4, and direct staff to transmit the report and the invoice to the State of Florida Transportation Disadvantaged Commission. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the Progress Report and Reimbursement Invoice #4, and directed staff to transmit the report and the invoice to the State of Florida Transportation Disadvantaged Commission. 4 D. Release of Utility Liens The Board reviewed memo from Lea R. Keller, CLA, dated January 25, 1993: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CIA, County Attorney's Office DATE: January 25, 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. Satisfactions of Impact Fee Extensions: r BAZEMORE MCNULTY AMDITIS McCLEARY 2. Courtside Water Project: KORPAR GOLLERY 3. Glendale Lakes (2nd) Water Project: MCNULTY 4. Phase I Water Project: BERGER GRIDER _ HILL, JR. RODDENBERRY SNODGRESS WILLIAMS S. Phase II Water Project: AMDITIS BREGE GROSS WATSON (Lot 22 only) 6. 12th Street Water Project: ADERMAN ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the lien releases listed in staff's memorandum. LIEN -RELATED DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 5 -11994 BOOK Fay FEB k, BOOK 91 f1GUF 645 -7 E. County Tax Deed Applications The Board reviewed memo from Lea R. Keller, CLA, dated January 25, 1994: TO: Board of County Commissioners CKZ4--, 604— FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: January 25, 1994 RE: COUNTY TAX DEED APPLICATIONS The Board of County Commissioners at its meeting August 3, 1993, approved and authorized the County to file several tax deed applications with the Tax Collector on properties with outstanding tax certificates. As part of the process of transferring title to the County, the Clerk's Office has notified us that they are ready to proceed with the following tax deed sales and, therefore, the following sums are due: (1) Certificate #90-2027 $250.58 _ (2) Certificate #91-5356 $235.74 (3) Certificate #91-5351 $226.58 (4) Certificate #91-5309 $241.42 TOTAL $954.32 REQUESTED ACTION: Staff recommends that the Board authorize the payment of the above amount to the Clerk of the Circuit Court. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized payment of $954.32 to the Clerk of the Circuit Court, as recommended by staff. 6 F. Cancellation of Outstanding Taxes The Board reviewed memo from Lea R. Keller, CLA, dated January 25, 1994: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CIA, County Attorney's Office THRUs Charles P. Vitunac, County Attorney DATE: January 25, 1994 RE: CANCELLATION OF OUTSTANDING TABES 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: 6 Resolutions - (1) Parcel #25-32-39-00000-3000-00004.0 William and Selma I. Luther R/W - 41st Street (2) Parcel #25-32-39-00000-1000-00008.0 William and Selma I. Luther R/W - 41st Street (3) Parcel #26-32-39-00000-3000-00065.0 C. Reed Knight R/W - 41st Street (4) Parcel #26-32-39-00009-0000-00003.0 C. Reed Knight R/W - 41st Street (5) Parcel #26-32-39-00000-1000-00007.0 C. Reed Knight - R/W - 41st Street (6) Parcel #26-32-39-00000-7000-00005.0 C. Reed Knight R/W - 41st Street ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolutions 94-24, 94-25, 94-26, 94-27, 94-28, and 94-29, cancelling certain delinquent taxes upon publicly -owned lands, as recommended by staff. 7 FEB - 1994 BOOK 91 FA E 646 Fp --FEB - i 1994 BOOK 91 P,1;:.647_7 1/ 2 3/ 9 4 (taco\t dxa0) Vh . 1 1 8_ 1 Re: R/W - 41st Street Parcel #25-32-39-00000-3000-00004.0 William and Selma I. Luther RESOLUTION NO. 94- 24 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 1002, Page 812 which was recently acquired by Indian River County for right of way purposes on 41st Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Kir H , 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 7 day of February , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By % - �, :�Z �1. Chairman Jodi W. T 1 p p'7 n 8 Re: R/W - 41st Street M/23/04( ----\taxa- ) Vk . 1 1 % Parcel #25-32-39-00000-1000-00008.0 William and Selma I. Luther RESOLUTION NO. 94- 2 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 1002, Page 814 which was recently acquired by Indian River County for right of way purposes on 41st Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner P d and the motion .was seconded by Commissioner .Ezgert 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 this The Chairman thereupon declared the resolution duly passed and adopted 1 day of February , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By L 9 Chairman zopin 1'p 1n Mor'1 � � r 648 vP BOOK 9�. FAF 649 Re: R/W - 41st Street Parcel #26-32-39-00000-3000-00065.0 C. Reed Knight 1/ 23/04 (raao\ taxa a) Vlc _ 1 2 0 RESOLUTION NO. 94-� 2 6 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 1002, Page 795 which was recently acquired by Indian River County for right of way purposes on 41st Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Bir d 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 1 day of February , 1994. 10 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By,'n�; Chairman jaryn W. rlp in Re: R/W - 41st Street Parcel #26-32-39-00009-0000-00003.0 C. Reed Knight 1/ 2 3/ 9 4( ----\taxa- ) %F].- X= 1 RESOLUTION NO. 94- 27 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 1002, Page 797 which was recently acquired by Indian River County for right of way purposes on 41st Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Rini , and the motion was seconded by Commissioner Fg gPrt , 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 1 day of February , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA i � r By Chairman 3 oo n W. T i p p i n 11 � 99BOOK 91 Fv-E 650 BOOK 91 F'A,F 651 FEB - 11994 Re: R/W - 41st Street Parcel #26-32-39-00000-1000-00007.0 C. Reed Knight 1/ 2 3/ 9 4 (raao\taxes) Vk . 3.22 RESOLUTION NO. 94-_28 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 1002, Page 816 which was recently acquired by Indian River County for right of way purposes on 41st Street, 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 E ger t , 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 day of February 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By chairman j h n W. T 1 p p i n 12 Re: R/W - 41st Street X/23/94 %p3.. 123 Parcel #26-32-39-00000-7000-00005.0 C. Reed Knight RESOLUTION NO. 94- 2'9 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 1002, Page 1981 which was recently acquired by Indian River County for right of way purposes on 41st Street, 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 E ger t , 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 . �_ day of F p h ru a rg 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 13 Chairman 'B W . T i' N in r FEB- i 199S BOOK 91 F,1GE 652 r FEB ®1 090 BOOK 91 UU � j PUBLIC HEARING — PAVING AND DRAINAGE IMPROVEMENTS TO 33RD STREET (CHERRY LANE) BETWEEN 66TH AVENUE AND 58TH AVENUE 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-JOURN Published Daily Vero Beach, Indian River County, F COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schuman`r �Wath 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 Court, was pub- lished In said newspaper in the issues of2t� 4,11 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 IndianRiver 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 fo the purpose of securing this advertisement for publication in the said newspaper. ••••aurar, ,•••�BEIrA Igpe%pbscribed befo me this - o day o A.D. 19 �� • G - (BuoWest, Manager) MyComm Ex m SARA C. SPRAGUE. NOTARY PUBLIC. PNft . Stato of Florida. My Commission Exp. June 29.19!7 June 29, 1997 toommtsSion NUI r: No. CP0%?'2 a NG • • .. • • signed: 6C� '••.,,SOF' FrLOQ; '- Notary: AARBARA C SPRAGU 14 RESOLUTION NO. 04-12,'! A* RESOLUTION OF. THE BOARD OF-'4�`--, COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR , CERTAIN - PAVING AND. DRAINAGE.` 'IMPROVEMENTS TO 33RD STREET (CHERRY - LANE) BETWEEN- 66irHAVE- NUE & 68TH AVENUE, PROVIDING, THE:' TOTAL' ESTIMATED COST, METHOD OF. PAYMENT OF ASSESSMENTS, NUMBER;*' OF ANNUAL INSTALLMENTS, AND� LEGAL DESCRIPTION OF. -,THE SPECIFICALLYBENEFITED.:.t.,' WHEREAS. the County. Publicliforks 'De ret has been peftned for Road Paving arid - abage I"WOMISM, for 43rd Street (Cherry Lane) between 66th Avenue & 58th Avenue. WHEREAS, the constrUCtion.-of pa'ving-:ani?dr�''r-' 'age Improvements by a assessment funding is authorized by Chapter spial assessment. 206.01 through 206.09, Indian Rim County Code -,'-,and cost sail. Mates and preliminary assessment rolls have . been..; Completed � the Public Works Department; and the a total astima ad cost. of the proposed am 4 1 -drains 1 Improvements -is FOUR HUNDRED * AND 7, THREE THOUSAND SIXTY -six r DOLLARS:: and; SEVENIY-FOUR CENTS ($403,066.74) and . ., .. ' - ,;' , -WHEREAS, the special assessment provided' *har- sunder shall, -for any gwen record owner. of property Within the area specially benefited, be in an amount equal to that proportion of fly percent ffi(r/.) of the - total cost of the project 201533.37) which. the -.• number of square footage owned by the given Owner bears to the total number of -square fc0tage* within the areas specially benefited and fifty percent. (50%) of the total cost, of the project plus tax codec - tor fees and less 1 credits - for .. rIght-of-way, i or,; ,:$169,887.92, ,will come from Petition Paving ,Ac_'� count and WHEREAS,.'.the sPecW'-assessment sided beooi6 due and payable at the Office of the Tax. Collector of Indian Rim ,County ninety (90) - days after the final determination of the. special assessment pursu- ant to Section '206.08, Rive . i and Indian R r .County Code; WHEREAS, 'any ape cial'. � ailsessment . 'rh , of pald- within said ninety (90) day Period shall bear Interest beyond the due date at a 'rate established by the Board Of County Caronissioners at the It= of preparation of the final psessment roll, and shall be payable In two. (2) equal Installments.. the first to be made twelve (12) months from the. due date and r examination of the nature, and' WH REAS, ` tstObedueye";and ' "' - anticipated usage of the proposed improvements, the Board of County Commissioners . has deter- mined that the' following described Properties . shag receive a directand, special benefit from •these Im- -provernent, to wit: Indian River Farms Corn du"Idn, 41�•2)12 W 9.62 A of Tr 5 (OR BK 9P 348) less the N 30. feet R the S. 60 feet thereof; Indian River- Farms Corn mi. Subdivision,Pbs '2)12 E 9.00 A of W 19.53 -A of Tr 5 less W 146.93 It of E 246-93 Ft of S 230 Ft thereof Less the N 30 feet of the S 60 feet thereof; Wan Rim Farms Company Subdivision, -PBS 2)12 E 632 Ft of Tr 5 Less to N 30 feet of i.s 60 feet thereof; Indian River Fahns Company Subdivision, PBS 2)12 tract 6 less S396 tt of W 330 It & RyWs. Less the N 30 feet of the South 60 feet thereof; Indian River Farms Company Subdivision;,. PBS 2)12 tract 7 (OR BK 424 PP 488) Less the 30 feet of., the South 60 feet thereof; - Indian Rim Farm Company Subdivision, PBS '2)12 W 315 ft of Tract 8 (OR BK 424 PP 488) Less the N 30 feet of the S 60 feet thereof- - Indian Rim Farms Cornpanj Subdivision, P9 2-12 N 10Aof E20Aof ' TR 9; Indian River Farms Co Subdivision; PBS 2)12 Lot In NW Car. of E IT M2 of W 20.42 A of TR 9 210 Ft. N - & S. by 140 It. E & W as OR BK 110 Pp, -55; .Indian River Farms Company Subdivision PBS � 12E10A�fTR10,Less8919.5Ft.&E55Ft0N399.7 Ft . . Indian RimFWmaFonkSubfflvWb7;PBS2)12 .5AofWI0AofE20ofTR1;' Indian River Farms Company Subdivision, PBS 212 N 285.9 Ft. of W 145.71 Ft. of W 5.5 A of W 10 A • Of2OAofTRIO,Less -RNV; . ' Indian River Farms Company SubdW S 70 Ft. of N 355.9 Ft. of the E I A of W 10 A of E 20 A of TR PIP 737; Indian Rim Farms Canpw N V2 of Foll. Desc. Prop E ) F 10Aof E 20A of TR 10 Ldss,,. kxfian River Farms Company - Su. 298-95 Ft. of E 145.71 Ft of W 5.5 20 A of TR 10 355.9 Ft. (OR BK 483 PP Indian River Farms Company Subdivision, the N 150 Ft of N 485 Ft of S 970 Ft. of - E V Ft. of W 5.5 A of W 10 A of E 20 A of TR 11 BK 670 PP 1340); 15 Indian River Faims Company Subdivision, PBS 2-12" ,N 185.90 Ft. of S 484.85 Ft. of E 145.71 Ft. of W 5.5AofWI0AofE20AofTR10;,..�* . ­. . Indian River Farms Company Subdivision, POS2)12 N %of W IOAof TR 10Less S2 Indian River Farms -Company Subdivision.:PBS *2-12,- S 132.36 Ft.. of N % of W 10 A of TR 10 (OR BK SM PP 34); Indian River Farms Company,'6utXHvWb;, pig 2.,10* IN 132.36 Ft. of S 264.72 Ft of N 1/2 of W 10 A of TR 10 (OR BK 766 PP 2938); '^.. - Indian River Farms Company -Subdivision, PBS 2-12 S V2 of W 10 A of TR 1501ess .166.5 Ft. of N.-.-, 333.10 Ft. (OR 8K 489 PIP 634);.,; . 11r digin River Farms Company SubdvWm,PW 2-12 S 166-55 Ft. of N 333.10 FL. of A Vi ON 10 A of'.. -TR 10 (OR BK 489 PP 634); . . I Indian River Farms Company Subdivision, #PBS 2-12 SI/2ofWIOAofE2OAofTR11; . Indian River Farms Comrany Subdivision, PBS 24Z -NI/aofWIOAofE2OAo TRII; 'Indian River Farm Company. &ilx0vIsI6n,'PBS 2-11.`.' E20AofTRI2; 'Indlan River ,W20.28AofTRI1; Farms! Company- SubcWlsion,, PBS. 2-12 . . 6 , Indian River Farms -COMP4nY 'Subdivision -PBS 2-12 1220A&TR12; Lots 1 through 15''Cherr ywood Estates, Plat book 7. Page 39 of Indian River County; Lots I through 12A and Lot 14 through 22 Cherry - lane Manor Subdivision,Plat Book 4,: Page.3 ot_ &L ,dian River County; Sunniland Hornesites - Pit .114/33 ' Unnumbered _.' Lot.--` ' Parcel) 1; Lots I through 18,Hoinesft6s ounty; Sion, Plat Book 4, Page 33 of Indian River C - Rapist of Laser Park Subdivision, PBI 2/20 Lots 11 & 12 Blk 2. Less the S 25 Ft. of Lot 12;. Lots 1 through 5,, Shadow Brook Subdivision,, MI 9/17; Indian Rim Farms Company Subdivision, PBS 2_12 W 146.93 Ft of E 246.9 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 nd aN 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; Z1926 All'oef rWFMMF t of TR �6; Subdivision, PBS - 2-12 Indian, River FarmsSubdivision . PBS' 2-12 N 5 A of W 10 A of WCMIYA of'TR 9 &'E 55 Ft. of N 399.7 Ft. of E 10 A of TR 10; Indian River Farms Corn 12 S 5 A of W. 10 A of 7827jM% PBS 2- 295.42 Ft. 9, Less N & 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 ComP 'Subdivision, N? PBS 2-12 E A part of Tr 9 more at comer of said Tr 9 run W along N One of SE V4 of Section 32, 25 Ft to WLY R/W of Kings Hwy, Thence cont W along said N line of SE %, 210 Ft., Thence S 00 Deg 09 Min 45 Sec 11W 30 Ft to ROB of*herein. desc: pamet. Thence S•00 Deg 09 Min 45 Sec.W 207.43 Fi, Thence 210 -'Ft TH N 00 Deg 09 Min 45 Sec E 207.43 Ft to S RMi Of Canal A-4, Thence E 210 Ft to POB; . Indian RiverFarms Company Subdivision, PBS 2-12 N 295-42 Ft of S 5 Acres of W 10 Acres of Tr 9. Lem & 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. IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing. recitals are affirmed and ratified In their entirety. 2. A project for *paft . ainage Im- PfOvements to "33rd treat (Cherry Lane) between 66th Avenue & 58th Avenue; heretofore designated as Public Works Project ,No. 8843 Is hereby ap- proved subject to the term outlined above and all ZRa able requirements of Chaoter 206, a; seq. in- Iver County Code. The foregoing resolution was offered by Commis. SlOner Adams who moved Its adoption. �� - motion was seconded by Commissioner acht . and, upon - being put to a vote, the vote was as follows: Commissioner Richard N. Bird Aye Commissioner John W. Tippin Commissioner Fran S. AdamsAye Commissioner Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Aye The Chairman thereupon declared thi resolution passed and adopted ft 11 day of January, 1994. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By -s- John W. TIPPIn, Chairman Attest.,-W.K. Barton, Clark Br -s -Diane Albin, D.C. Jan. 18, 1994 1064036 BOOK, 91 [I'vil- 651 J FF -FEB - i AV VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personalty appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter In the r Court, was pub- lished In said newspaper in the Issues of x J Afflant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for,�the purpose of securing this advertisement for publication in the said newspaper. �� Swo rttjp,erwlrgubscrfbed beforedayr o�'�D. 19 .•`° SAC. MY Co L- � Gswe 72 Jugefim' E1'Pires :7'rr-- =9�F •�L IC s� ,, OF FLOR��P ' 7orida. My Commission Exp. June 29,1911? Commission Numhwr: CC300572 Notary" RARn1ARA C SPRAGUE BOOK 91 F,cF 655-1 RESOLUTION NO. 94-13 A RESOLUTION OF INDIAN RIVER COUN- TY, 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 PER- SONS 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 PAY- MENT 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 those Hciitfiizgerts of theme, county, and particuand owning larly within the area described herein, that pav paving ar d ddrraiainage Improvementsy; be mads to said propert 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 Rim County Code, requires that the Board of County Commis- sioners shag fix a time and place at which the own- ers of the properties to be assessed or any other person h Wested therein may appear before the Boerd 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 maruer of payment therefor, and as to the amount thereof to be assessed against eachproperty benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shag meet at the County Commission chambers In the County Administration Building at the hour of 9:05 A.M. on Tuesday, Feb- ruary 1, 1994, at which time the owners of the properties to be assessed and any other Interested persor� may appear before said Commission and be heard in regard to said property. The area to be Improved are more paand the rtiperties cularly rly described specially * the- - aessment - plat " and the assessment rag with regard to the special assessments. 2. Ali 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 as- sessed, the assessment roll, the pians and sped- fbations 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 Mall be ggivrven by the Department of Public Works by two publications in the Vero Beach Press-Joumal Newspaper a week apart. The last publication shag be at least one week prior to the date of the hear - The Indian River County Department of Public orks shag give the owner of each property to be specially assessed at least tart days notice In writing of such time and place. which shall be served by mei�g a copy of suit notice to each of such prop• arty owners et his last known address. The resolution was moved for adoption by Commis- sbrer Adams, and the motion was seconded by Commisslonw Macht, and, upon being put to a vote, the Vote was as follows: Commissioner Richard N. Bird Aye Coninissioner John W. Tippin Aye J Commissioner Fran B. Adams Aye CorrimIssioner Kenneth R. Mach Aye Commissloner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 11 day of January, 1984. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY -9 -John W. T"In, Chairman Attest: -W.K. Barton, Clerk By--s-Diane Albin, D.C. Jan. 18, 25,1994 % 1064137 Civil Engineer Michelle Gentile commented from the following: 16 TO: THROUGH: FROM: James Chandler County Administrator James W. Davis, P.E. Public Works Directo and Roger D. Cain, P.E. County Engineer 1 Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue DATE: January 20, 1994 On January 11, 1994 the Board of County Commissioners adopted Resolution No. 94-12 providing for certain paving and drainage improvements to 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue and adopted another Resolution 94-13 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 February 1, 1994.. 33rd Street (Cherry Lane) is a Public Works Department initiated public improvement assessment along with a petition received from some of the property owners who live on 59th Avenue and who travel 33rd Street, On December 15, 1993, the Public Works Department staff met with the property owners to discuss any questions relative to the paving of 33rd Street. All of the property owners in the benefited area were notified of this informal meeting. 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue is classified as a collector road and therefore the assessment is split 50176 to be paid by the property owners and 5070 to be paid by the county. It is recommended that motions be made to approve the assessment roll, and confirming resolution with changes, if any, made after input at the February 1, 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 vrith the Clerk 'to the Board of County Commissioner's office. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. 17 BOOK 91 PAGE 656 F F'— F E B - i 199A -7 BOOK 91 FAGE657 John Christena, 3235 59th Avenue, Cherrywood Estates, spoke in favor of the project because the road is in terrible shape and requires a lot of maintenance even between gradings. Utility Services Director Terry Pinto advised the Board that the Utilities Department planned to put water lines in the street along with the paving and drainage, but the residents of that community made it known to the Utilities Department that they do not want the water lines at this time. He wanted that information on the record so there will be no criticism at a later time that the water line was not installed, or that we forgot to put it in. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 94-30 confirming the assessment roll for certain paving and drainage improvements to 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue, as recommended by staff. Confirming (Third Reso.) 1/5/94(ENG)RES3.MAG\gfk RESOLUTION NO. 94- 3 0 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRIVIING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 33RD STREET (CHERRY LANE) BETWEEN 66TH AVENUE AND 58TH AVENUE. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 94-12, providing for certain paving and drainage improvements to 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue; 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 18 IA RESOLUTION NO. 94-_3a 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. 94-13, on January 11, 1994, 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 18, 1994 and January 25, 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. February 1. 1994 9:05 A.M. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONE IISSIONERS 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. 19 LJEB ® 1 M4 BOOK 91 PAGE 658 FEB -I Jq�il eooK 91 FmA59 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 E g g e r t , and the motion was seconded by Commissioner A d a m s , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin A y e Vice Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams A y e Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert A y e The Chairman thereupon declared the resolution duly passed and adopted this 1 day of February , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA y 16 JOHN W. TIPPIN, Chairman Jeffrey K. Barton, Clerk ay: 7:.'��� ltr, .(� Attachment: ASSESSMENT ROLL bNom Bim c u y Appra ed Date Administration Budget IAgv- Risk Management , Public works 1 L En&,wing vt 20 WORKSHOP SCHEDULE The Board reviewed memo from County Administrator Jim Chandler dated January 26, 1994: TO: Board of County Commissioners DATE: January 26, 1994 FELE: SUBJECT: workshop Schedule FRO • 'James E. Chandler REFERENCES: County Administrator Consideration is requested to schedule workshop meetings for the following: 1) Proposed Sales Tax Program, 2 ) Solid Waste Disposal Overview and Status Report, and 3) Affordable Housing Plan. The Board unanimously agreed to schedule the following meetings: February 23, 1994, Proposed Sales Tax Program, at 9:00 a.m. March 1, 1994, Affordable Housing Plan, during the Regular Meeting April 7, 1994, Solid Waste Disposal Overview and Status Report, at 1:00 p.m. SECURITY AT THE FAIRGROUNDS FACILITY The Board reviewed memo from Public Works Director Jim Davis dated January 26, 1994: 21 FEB ® 1994 BOOK 91 F,, Gr- 660 r FEB BOOK 91 ,,�� f �r. 661 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director h SUBJECT: Security at the Fairgrounds Facility REF. LETTER: Peter Lier, President, Indian River County Farm Bureau to Commissioner Dick Bird dated November 30, 1993 DATE: January 26., 1994 FILE: SIMMMAM DESCRIPTION AND CONDITIONS Due to the absence of security at the Indian River County Fairgrounds site, extensive vandalism has recently occurred to the lighting system within the Farm Bureau Agricultural Building, the perimeter fence, the sewage collection system, and the water services west of the midway area. The problem has resulted in a request from the President of the IRCFB for the Commission to allow a security officer to reside at the site. ALTERNATIVES AND ANALYSIS Staff has routed the request to the Community Development Department for comment. Since a security residence would be considered an accessory use, it would be permitted if the structure is a modular unit or conventional dwelling which meets the local building code. RECOMMENDATIONS AND FUNDING Staff recommends that a Sheriff's Deputy, FGFWGC Wildlife Officer, Highway Patrol Officer, or similar security officer be permitted to reside at the Fairgrounds facility for security purposes. The individual would have to have a modular dwelling that he/she could locate on the site at no cost to the County. If a security officer expresses an interest, a lease agreement will be prepared for future consideration by the Board of County Commissioner. Since water is currently available and sewer service may be available in the near future, environmental impact should be minimal. A $150/month rent could be charged to offset water impact fee, sewer impact fee, etc. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously directed staff to make provisions to permit a residence occupied by a security officer to be installed at the Fairgrounds facility. 22 FINAL CONNECTION OF WATER AND SEWER LINES TO COMPLETED PROJECTS: LANDFILL LIFT STATION, NORTH COUNTY SCHOOLS AND SUNSHINE TRAVEL PARR The Board reviewed memo from Utility Services Director Terry Pinto dated January'24, 1994: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: JANUARY 24, 1994 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINT DIRECTOR OF UTILIT VICES U' WILL IN CAP S ENGINEER DEPAR OF UTILITY SERVICES FINAL CONNECTION OF COMPLETED PROJECTS; LANDFILL LIFT STATION, NORTH COUNTY SCHOOLS AND SUNSHINE TRAVEL PARK Final payment and the Department of Environmental Protection clearance has been acquired for the Landfill Wastewater Pumping Station and the North County Water Distribution System. We are therefore now prepared to connect the landfill sewer flows to the County Regional System as well as County water to the North County Junior High School and the Sunshine Travel Park. We have utilized costs from our existing yearly labor contractor for these connections and are ready to proceed. (See attached copy of agenda item and labor contract.) ANALYSIS The cost associated with these projects are as follows: North County Junior High (Water) Piping, backflow, meter and miscellaneous fittings ( materials) Construction Sunshine Travel Park (Water) Piping, backflow, meter and miscellaneous (materials) Construction Landfill ( Sewer ) Meter, miscellaneous fittings (materials) Construction W1 $ 8,984.58. 1,173.29 Total $10,157.87 $ 8,984.58 $ 1.345.79 Total $10,330.37 $ 1,036.45 $ 1.094.80 Total $ 2,131.25 BOOK 91 WE 662 r- F E B d i `� N=! 119 O BOOK 91 PLUG 663 For details of the materials and construction costs, see attached proposed contracts with Driveways, Inc. and material quotes from Davis Meters. Funding for the projects will be from the impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the proposed actions as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the Utility Services Department's proposed actions as presented in staff's memorandum. CITGO-GENERAL EQUITIES DEVELOPER'S AGREEMENT COST ADJUSTMENT The Board reviewed memo from Utility Services Director Terry Pinto dated January 11, 1994: DATE: JANUARY 11, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRk FROM: TERRANCE O DIRECTOR OF UT LI VICES PREPARED WILLIAM cCA AND STAFFED CAPI CTS ENGINEER BY: DEP OF UTILITY SERVICES SUBJECT: CITGO-GENERAL EQUITIES DEVELOPER'S A� COST ADJUSTMENT BACKGROUND On January 5, 1993, the Indian River County Board of County Commissioners approved a developer's agreement with General Equities, Inc., for the construction of utilities on State Road 60. The construction was for a 12 -inch force main and a 16 -inch water main from the 90th Avenue intersection on State Road 60 to the west edge of the Citgo gas station. As a result of the Master Plan rework that was taking place at the same time, it necessitated that the water main size be increased to 20 inches, with a corresponding price increase, and a material change to DIP in lieu of PVC specified -by the DOT. The engineering cost also has increased due to additional surveying and redesign required by a DOT project that was under way at the same time. 24 ANALYSIS The original agreement (see attached) was in the amount of $39,590.00. The actual construction and engineering cost breakdown is attached as Exhibit A. This breakdown totals a project cost of $69,183.39 and represents the final project cost. We are now requesting approval from the Board of County Commissioners for this cost increase to allow the project to be finaled out and to make final payment to General Equities upon project completion. The existing agreement allows payment over the estimated cost based on the actual construction cost. However, we felt a cost increase of this magnitude should be brought to the Board for approval. The staff of the Department of Utility Services recommend that the Board of County Commissioners approve the price adjustment of this developer's agreement to $69,183.39 as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved the price adjustment of the developer's agreement with General Equities, Inc., to $69,183.39 for construction of utilities on SR -60, as recommended by staff. NORTH COUNTY REVERSE OSMOSIS PLANT, PHASE I, REDUCTION OF RETAINAGE The Board reviewed memo from Utility Services Director Terry Pinto dated January 20, 1994: DATE: JANUARY 20, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO, DIRECTOR OF UTIL1ITY SERVICES .--1 PREPARED W McCAIN AND STAFFED ROJECTS ENGINEER BY:. DEPAR OF UTILITY SERVICES SUBJECT: NORTH COUNTY R.O. PLANT, PHASE I REDUCTION OF RETAINAGE INDIAN RIVER COUNTY PROJECT NO. UW -90 -12 -WC BACKGROUND AND ANALYSIS On March 10, 1992, the Board of County Commissioners approved a contract with WPC, Inc., in the amount of $3,095,132.00. We are now at 98% completion on this project, which has proceeded well and on schedule. The contractor has requested a reduction of retainage from 10% to 5%; this corresponds to a reduction of the total amount of retainage from $309,513.20 to $154,756.60. Both the engineer and the County concur with this reduction and request that the Board of County Commissioners approve this reduction and thus approve the payment of the attached pay request. 25 L_ FEB -11994 BOOK 91 PAGE 664 11.1 BOOK RECOMMENDATION The staff of the Department of Utility Services recommends approval of the requested retainage reduction as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved the requested retainage reduction as presented in staff's memorandum. ACQUISITION OF REMAINING PARCEL IN COURTHOUSE COMPLEX The Board reviewed memo from Assistant County Attorney Terry O'Brien dated January 25, 1994: TO: Board of County Commissioners /J FROM: Terrence P. O'Brien, Assistant County Attorney v DATE: January 25, 1994 SUBJECT: ACQUISITION OF REMAINING PARCEL IN COURTHOUSE COMPLEX At the meeting of the Courthouse Advisory Committee held on January 19, 1994, Chief Judge Vocelle expressed concern over the fact that there is an out -parcel that is not under County ownership in the two blocks comprising the courthouse complex. The concern is that there will be private development of this parcel which will have to be condemned at a greatly inflated cost when future expansion is required as anticipated. The acquisition is a logical extension of the courthouse complex. The Board of County Commissioners authorized acquisition of this parcel and the Banack parcel if they were willing sellers. The Banack property was purchased but the owner of the remaining parcel was not a willing seller. Accordingly, acquisition will require condemnation. A Resolution of Condemnation is attached for consideration and adoption by the Board. Commissioner Bird noted that the building has been vacant and could not understand the owner's obstinacy. County Administrator Jim Chandler explained that Mr. Harshbarger is the owner of the commercial building and he was emphatic that he would accept nothing less than a price which is almost double our appraised value. He indicated that he plans to lease it. He has not stated a price for the residential structure but did say it has sentimental value. The residence is owned by 26 Mr. Harshbarger's mother and he emphatically indicated to staff that we are not to approach or talk to her. Staff has not taken action on this purchase within the last year. Commissioner Bird asked, and County Attorney Charles Vitunac confirmed that condemnation would necessitate an updated, current appraisal. Commissioner Adams believed that we should not rush into condemnation proceedings. We will be aware of any action by the owner to renovate because he will need permits from the City of Vero Beach, and at that point we should contact him again to see if there is any change in his position. County Attorney Vitunac advised that if the Board adopts the resolution authorizing condemnation proceedings, staff first would try to negotiate a price for purchase. The procedure could take 4, 5 or 6 months, depending on whether they contest the taking issue or the value issue; it may be a friendly condemnation. Commissioner Macht explained that the Courthouse Advisory Committee expressed the opinion that we should complete the purchase to square off that property. Administrator Chandler explained that staff was following the Board's direction to make the purchase if we could get it at a reasonable price. Mr. Harshbarger has not changed his position, and the buildings have been vacant and appear to be deteriorating. Discussion ensued regarding the funds for the purchase of this property. OMB Director Joe Baird explained that the sales tax funding for the courthouse has approximately $600,000 positive variance, but a purchase of this size would cut it very close. He was concerned about the unknowns on the new courthouse construction. Commissioner Bird observed that when we discuss plans for the next 5 years on the sales tax funds we can earmark some of those funds for the purchase of this property if we feel it is necessary. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously denied adoption of the resolution for condemnation proceedings and directed staff to check with the owners on a regular basis, at least once a year, to pursue negotiations for purchase of these properties. 27 FEB 1994 BOOK 91 FACE 666 FEB m 1 1911 94 BOOK 91 PA 667 FLORIDA HIGHWAY PATROL (FHP) The Board reviewed memo from Chairman Tippin dated January 11, 1994: TO: County Commissioners FROM: John W. Tippin, Chairman DATE: .January 11, 1994 SUBJECT: Florida Highway Patrol (FHP) Resolution I have been approached by John Kane, Florida Highway Patrol District Lieutenant, Troop L, requesting that we consider supporting the patrol's expanded budget in order to hire more troopers, etc. They are suggesting that any increase be supported by a $1.00 surcharge on new tire purchases and a $1.00 drivers license fee increase. Please read over the attached Resolution so we can discuss this at our next meeting. Chairman Tippin preferred that we contact our legislators and express support for increased staff in the Highway Patrol because they are greatly understaffed and crime rates in the state are rising dramatically. Commissioner Adams pointed out that a surcharge on tire purchases and on drivers' license fees helps fund the Florida Highway Patrol. Commissioners Eggert and Macht did not want to direct our legislators to impose another tax for any reason. Commissioner Eggert made a motion to deny, and Chairman Tippin withdrew his request, and suggested that each Commissioner contact the state legislature to support increased staffing of the Florida Highway Patrol if they so desire. YOUTHFUL OFFENDER - PROPOSED RESOLUTION Chairman Tippin recounted the meeting with the School Board on January 31, 1994, when various parties presented ways and means of helping the youth of our community. At that meeting, State Attorney Bruce Colton presented an outline of proposed legislation to create a Department of Youth Corrections wherein juveniles 14 to 18 years of age would be separated from younger offenders and handled through the adult justice system. The proposed resolution is in support of that Department of Youth Corrections. 28 M Commissioner Eggert supported a good, strong juvenile justice system but did not favor establishment of a whole new department. She was concerned that there would be duplication of effort and cost and preferred creation of a program within the Department of Corrections (DOC) or the Health and Rehabilitative Services (HRS). Commissioner Macht noted that the Board favors about 95 percent of the points in the proposed legislation, and he believed that changes as to incarceration of juveniles between 14 and 1s years of age could be handled without creating a new department. Discussion ensued regarding the major points of the proposed legislation and Commissioner Eggert moved the item be tabled for two weeks. There was no second. County Attorney Charles Vitunac advised that there is a deadline to submit the resolution, but Chairman Tippin pointed out that the wheels in Tallahassee grind slowly and we should not worry about a deadline. Commissioner Bird pointed out that the Board denied the previous resolution for additional staff for the Florida Highway Patrol using the argument that it would be taxes which should be handled at the State level. This resolution calling for the creation of a Department of Youth Corrections is also a statewide program to be funded at the State level, and we do not know the price tag on it. He was concerned about the inconsistency. Commissioner Adams saw the resolution as reinforcing the ideas set out by the State Attorney, and did not want to debate whether it should be a program or department, nor get involved in the management of such a program. She saw this as a step forward to do what needs to be done. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board (by a vote of 4-1, Commissioner Eggert dissenting) adopted Resolution 94-31 to the Legislature of the State of Florida in support of the creation of Department of Youth Corrections. NE FEB - 1 1994 BOOK q r FED _ 19, I BOOK RESOLUTION NO. 94-31 A RESOLUTION OF INDIAN RIVER COUNTY., FLORIDA TO THE LEGISLATURE OF THE STATE OF FLORIDA IN SUPPORT OF THE CREATION OF DEPARTMENT OF YOUTH CORRECTIONS. �.{GE 91 669 WHEREAS, a significant part of the crimes committed in Florida are by juveniles who are not subject to trial and punishment as adults; and WHEREAS, this treatment has engendered complete disrespect for law and the lives - and property of others by these juvenile: delinquents; and WHEREAS, there is a bill proposed in the 1994' Legislature which would create a Department of Youth Corrections to provide, among other things, incarceration for many of the juvenile delinquents who now are set free without any punishment; and WHEREAS, Indian River County believes that proper punishment of juveniles who commit serious crimes will deter other juveniles from such activities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board strongly supports the adoption of a Department of Youth Corrections as supported by the Florida Prosecuting Attorneys Association. 2. That a copy of this resolution be sent to the local delegation. The foregoing resolution was offered by Commissioner Bird and seconded by Commissioner Adams and, 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 Nay The Chairman thereupon declared the resolution duly passed and adopted this 1st day of February, 1994. ATTEST: r-- Jeffr§y K. Barton, C er 30 INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ' - B y John ' W . Tippi , � airman UNFUNDED MANDATED PROGRAMS Commissioner Macht read aloud the following from the column "News From Nebraska" from the January 24 issue of County News: "Governor Ben Nelson signs an executive order January 6 that seeks to alleviate the burden of state regulation in local government. The order, issued to all state executive departments, said, 'to the extent feasible and permitted by law,' no agency will issue regulations not required by state and federal law, and agencies will make efforts to ensure that local governments can afford the costs of any regulations that are issued. The governor's new policy grew out of an Efficiency Summit, where representatives of local government expressed concern about unfunded mandates. Nelson also said he would push for similar controls at the federal level.,, Commissioner Macht was encouraged to see this movement to stop unfunded mandates, and he expected to receive more information in the near future to provide a basis from which to send a letter to our governor urging him to do the same. MACEDONIAN BAPTIST CHURCH RELOCATION TO DUBOSE CEMETERY Commissioner Adams reported that the Sebastian City Council ordered the removal or destruction of the Macedonian Baptist Church building from its present location on Bob Circle in Sebastian. She requested that the Board support the efforts of the Progressive Civic League of Gifford and other related agencies to move the building and grant permission to relocate the building on the property known as DuBose Cemetery. John Dean, local architect, gave a report on the history of the building, He characterized it as a gem, an antique which was built in 1908 for the black railroad workers. It has historic value in that it may be the oldest standing wood frame black church building, and a small group headed by the Progressive Civic League has been trying to save it for several years with little success. Mr. Dean displayed pictures of the church building and a drawing of the cemetery property where they hope to relocate the church building. He also had a graph of the floor plan of the building divided into sections, each section representing a square foot. The group plans to pay for the move by taking donations based on $10.00 per square foot. There are'835 square feet and that would cover the cost of the move. Ruth Stanbridge, president of the Indian River County Historical Society, reported that she became involved in this project through a referral from Susan Walker of the Bureau of Historic Preservation in Tallahassee. Ms. Walker gave assurance 31 BOOK 9FEB -11994 1 F,�GE U 1® BOOK 91 UU 671 that grant money is available for this purpose. Ms. Stanbridge listed other restoration projects in Indian River County and was sure the Board is proud of those results. She urged the Board to support this effort. Freddie Aoolfork, 3445 49th Street, Gifford, described this project as a vision come true. The relocation of the Macedonian Baptist Church would be coordinated in the formulation of the Martin Luther King, Jr., Memorial Site. Mr. Woolfork visualized this site as a museum as well as a center for coordinating all the other agencies which are involved in the effort to foster pride in the black community. The individuals who donate to purchase a square foot will be memorialized in the archives, and he urged the Board to pledge to buy a square foot, or several. Donations should be made out to the Progressive Civic League, and the funds are needed without delay because the church building must be moved within 30 days. Victor Hart, 4659 34th Avenue, acknowledged that the Commission has a good working spirit and urged the Board to support what the black community is attempting. There is not much documented black history and this is a opportunity to preserve evidence of the black history in this community. The church will be there for the coming generations. Mr. Hart asked the Commissioners to support the relocation now and renovation later. Henry Holmes, local minister and representative of the Ministerial Association, confirmed that the restoration of this church building will be a means of giving our children an indication of their history, because without history, children do not have hope for their future. He urged the Board to support this project. Commissioner Adams stated that normally a family goes home to a structure; now we are going to see a structure go home to a family. She reported that during the past weekend the relocation of the church building was begun by removing the bathroom portion of the building, which was an addition to the original building. She physically helped in that process and described it as a delight to be able to participate in the work. She pledged to buy some "square feet" to help this project become a reality. Staff is working on the building permit, Ruth Stanbridge is working on the grant money, and the Progressive Civic League will take physical possession of the building. County Attorney Charles Vitunac advised that since the church building will be placed on County land, it will be a County building and can be leased to the group. 32 Commissioner Bird led discussion on the location of gravesites in the DuBose Cemetery. Commissioner Adams reported that a sonar device and probes were used there last Wednesday to confirm where bodies remain. There are headstones within heavy brush in the back or the northwest portion of the cemetery, but there are no bodies on the front portion of the property. The records show that they were moved to Crestlawn in the 40s and 50s. Commissioner Bird and Chairman Tippin stated that they received calls from concerned citizens who were sure their relatives are still buried there. Commissioner Adams assured the Board that every effort will be exerted to satisfy these people that gravesites will not be disturbed. The church building will be placed at the front portion of the property which was not developed as a cemetery and where there are no gravesites. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the relocation of the Macedonian Baptist Church building to DuBose Cemetery, and the County will take ownership of the building but lease it to the Progressive Civic League or whatever organization they form to take responsibility for maintenance. PEP REEF MODELING The Board reviewed memo from Coastal Engineer Don Donaldson dated January 31, 1994: 33 L_ FEB - 11994 BooK 91 672 r FEB -1 1c,91', BOOK 91 F,,'F 673 -7 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E.-- Public Works Director FROM: Don G. Donaldson, P.E. Coastal Engineer SUBJECT: Addendum to Contract with American Coastal Engineering, Inc. for the Computer Modeling of the P.E.P. Reef DATE: January 31, 1994 DESCRIPTION AND CONDITIONS C:PICS: ADA14S.NM Staff has recently received a completeness summary from the Department of Environmental Protection (DEP), Bureau of Coastal Engineering and Regulation in response to the County's P.E.P. Reef project. The Department of Environmental Protection has asked detailed questions regarding the P.E.P. Reef's impact upon the project area and has requested an analysis of Coastal processes within the project area. The DEP states "The analyses required above must employ state of the art technology for coastal structures design, wave refraction and diffraction, shoreline evolution and nearshore hydraulics modeling". Staff feels that a reasonable assessment of the P.E.P. performance can be modeled using less complicated techniques. Staff requested American Coastal Engineering, Inc. to prepare a cost estimate for modeling the P.E.P Reef using simplified techniques. Coastal Technology, Corp is a subcontractor to American Coastal Engineering, Inc., and they have proposed that a modified one -line model be used (see attached). The estimated cost for this model is $25,000.00 dollars. The opinion of Staff is that this is a reasonable estimate for the required work effort. However, the County must obtain confirmation from the DEP that this model is acceptable. Staff is planning a meeting with the DEP, American Coastal Engineering, Inc., and others to discuss the request. We anticipate that the model issue will be resolved at this meeting. RECOMMENDATIONS AND FUNDING Staff anticipates that a future amendment to American Coastal's contract will be necessary for the modeling of the P.E.P. Reef for the scope of work _included in the attached letter from American Coastal Engineering, Inc. dated January 25, 1994. Additional cost not to exceed $25,000.00 dollars is anticipated. Preliminary approval of .the additional work is requested at this time. If approved, staff will prepare a formal amendment #2 to the original contract for the Boards consideration on February 8, 1994. Funding to be from Tourist Tax Revenues. 34 � � r ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the additional work by American Coastal for the modeling of the P.E.P. Reef in the additional amount not to exceed $25,000, as recommended by staff, and authorized travel to Tallahassee for Commissioner Adams and appropriate staff. URBAN FORESTER Commissioner Adams advised that 19 Urban and Community/ County Forestry positions are not included in the governor's budget recommendations for Fiscal Year 1994-95. Tim Elder, our local Urban Forester, stated that this would eliminate 25 positions and there would be no Foresters south of Gainesville. This would put at jeopardy $8 million a year that the State receives for forestry funding from the federal government, $40,000 of which comes to Indian River County in tree grants. We were expecting $20,000 in tree grants next year specifically for Round Island Park. Commissioner Macht noted that the City of Vero Beach calls itself "Tree City USA" and it does not make sense to eliminate a forestry position in this county. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously authorized that a letter in support of keeping our County Forestry position be sent to Governor Chiles. ROSELAND WATER TOWER Commissioner Adams presented a request from the Roseland Property Owners Association to paint the words "Welcome to Roseland" on the new water tower in the north county. The cost would be about $1200. Commissioner Eggert was concerned because in previous circumstances there were citizens who did not want words painted on water towers. Laura Lathero-Gay, president of the Roseland Property Owners Association, stated that her group is in favor of the painting because they want the world to know that area is Roseland, not Sebastian. Discussion ensued regarding the costs and the fact that all users of the system would be paying for the cost of painting the tower. 35 BOOK L_FEB 199�� FAGE LR o 14 BOOK 91 F�-7 U. 675 Utility Services Director Terry Pinto advised that the water tower, including painting, is funded from impact fees as part of the master plan. This tower serves mostly commercial customers but will be of benefit to all customers of the system as they come on line. He stated that it is not out of the ordinary to paint the name of a city on a water tower, and he believed that the cost would be within the budget for this tower. Commissioner Bird preferred that the wording be limited to "Roseland" and to be painted only on the east side of the water tower, which will reduce the total cost. Ms. Lathero-Gay agreed. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved painting "Roseland" on the east side of the new water tower in the North County. There being no further business, the meeting was adjourned at 10:53 a.m. ATTEST: J. arton, Clerk John Tipp ,hairm 36 � � r