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HomeMy WebLinkAbout2/22/1994BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 22, 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 - None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 13.A. Resolution Regarding Impact Fee Legislation 13.B. Council of Public officials 13.C. Update on PEP Reef 13.E. Appointment to Nominee Qualifications' Review Committee Move ll.C. Before 9.A. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of January 25, 1994 B. Special Joint Meeting of January 31, 1994 7. CONSENT 'AGENDA A. Received & Placed on File in Office of Clerk to the Board: Sebastian Inlet Tax District Commission 1994 Schedule of Meetings St. Johns River Water Management District Annual Financial Audit for FY 1992-93 B. Proclamation Designating Month of March, 1994 as National Red Cross Month in Indian River County, Florida C. Award Bid #4055 / Club Grove Estates Water Main ( memorandum dated February 9, 1994 ) D. CR 510 / 66th Ave. R -O -W Acquisition (memorandum dated February 8, 1994) FEB n 1994 BOOK 91 PA,E 765 FEB 242 lk` BOOK 1 PlGE 766 7. CONSENT AGENDA (cont'd) : E. Release of Utility Lien ( memorandum dated February 14, 1994 ) F. County Tax Deed Applications ( memorandum dated February 10, 1994 ) G. FCC Sponsored CATV Rate Regulation Seminar ( memorandum dated February 16, 1994 ) H. Donate Surplus Vehicle to HRS ( memorandum dated February 16, 1994 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Sabonjohn Complaint - ( letter received February 11, 1994) B. PUBLIC HEARINGS Petition Water Service - 10th Crt. , SW ( South of 9th St., SW / Oslo Road), Resolution III ( memorandum dated February 10, 1994 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT 1. Request for Authorization to Negotiate A Contract for Land Acquisition Consultant Services ( memorandum dated February 15, 1994 ) 2. Minor Modifications to Previously Approved Development Order Resolution for the Countryside DRI ( memorandum dated February 15, 1994 ) B. EMERGENCY SERVICES Approval of Emergency Management Assistance (EMA) Grant ( memorandum dated February 15, 1994 ) C. GENERAL SERVICES IRC Courthouse Project Change Order No. 8 ( memorandum dated February 14, 1994 ) D. LEISURE SERVICES None w 11. DEPARTMENTAL MATTERS (cont'd): E. OFFICE OF MANAGEMENT AND BUDGET Resolution to Reimburse Expenditures From Future Tax Exempt Borrowings (memorandum dated February 16, 1994) F. PERSONNEL None G. PUBLIC WORKS IR Blvd. Ph. IV, Change Order No. 2 (memorandum dated February 14, 1994) H. UTILITIES 1. Ph. 11 - Water Main Expansion Growth Plan Resolution IV - Final Assessment Roll ( memorandum dated February 11, 1994 ) 2. 34th Ave. /Pinewood Estates Water Service Resolution IV - Final Assessment Roll ( memorandum dated February 11, 1994 ) 12. COUNTY ATTORNEY Occupational License Equity Study Commission ( memorandum dated February 16, 1994 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN B. C. im E. VICE CHAIRMAN KENNETH R. MACHT COMMISSIONER FRAN B. ADAMS COMMISSIONER RICHARD N. BIRD COMMISSIONER CAROLYN K. EGGERT �', �9 BOOK 71 F'AF 767 F r F E S 2 2 19,91, 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 1/18/94 2. Award Bid #4053 / Caterpillar D-6 Dozer or Equivalent ( memorandum dated February 11, 1994 ) 15. ADJOURNMENT 50OK 91 PAGE 768 ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, February 22, 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 22, 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 Diane Albin, Deputy Clerk. The Chairman called the meeting to order. Commissioner Richard N. Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Tippin requested the addition of Item 13.A., Resolution Regarding Impact Fee -Legislation. He requested that Item 11.C. be moved forward and placed ahead of Item 9.A. on the agenda to accommodate the consultant who must leave early. Commissioner Macht requested the addition of Item 13.B., Comments on Council of Public Officials Action. Commissioner Adams requested the addition of Item 13.C., Update on Prefabricated Erosion Protection (PEP) Reef Project. Commissioner Eggert requested the addition of Item 13.E., Appointment to Nominee Qualifications Review Committee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above items to the Agenda and agreed to move Item 11.C. ahead of Item 9.A. FEB 22 1994 BOOK 91 FruE 769 9 r FEB 22 1394 BOOK 9.1 PAGE UG -7 APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 25, 1994, or the Special Meeting of January 31, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board approved the Minutes of the Regular Meeting of January 25, 1994, and the Special Meeting of January 31, 1994, as written. CONSENT AGENDA Commissioner Adams requested the removal of Item H. from the Consent Agenda for discussion. A. Reports The following was received and placed on file in the office of the Clerk to the Board: Sebastian Inlet Tax District Commission 1994 Schedule of Meetings B. Proclamation Designating Month of March 1994 as National Red Cross Month in Indian River County Florida ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted the following Proclamation: E PROCLAMATION DESIGNATING THE MONTH OF MARCH, 1994 AS NATIONAL RED CROSS MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, the AMERICAN RED CROSS is always there when disaster strikes and is available 24 hours a day to meet human needs created by a disaster; and WHEREAS, the local chapter of the AMERICAN RED CROSS is having its annual membership campaign to increase the membership of the chapter; and WHEREAS, the mission of the AMERICAN RED CROSS is to improve the quality of human life; to 'enhance self-reliance and concern for others; and to help people avoid, prepare for, and cope with emergencies; and WHEREAS, the local chapter provides many services in support of its national mission and for the good of our residents, including but not limited to free blood pressure screenings, training in CPR and standard first aid, transportation for veterans to the VA hospitals, and services for military families; and WHEREAS, the AMERICAN RED CROSS, both on the national and local level, provides aid to people in times of distress, such as fires and floods: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the month of March, 1994 be designated as NATIONAL RED CROSS MONTH in Indian River County, and the Board further expresses its appreciation to the AMERICAN RED CROSS for the good work it has done both on the national and local level for the benefit of the community. Adopted this 22 day of February, 1994. 3 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA tJo n 'W . Ti.ppi jy I Chairmd4 FEBOOK 91 PAGE'7�71 1994 r FEB 22 MA BOOK 91, r- OF 772 C. Award Bid #4055 - Club Grove Estates Water Main The Board reviewed the following memo dated February 9, 1994: DATE: February 9, 1994 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager 7W SUBJ: Award Bid #4055/Club Grove Estates Water Main _ Utilities Department BACKGROUND INFORMATION• Bid Opening Date: February 2, 1994 Advertising Dates: January 19, 26, 1994 Specifications Mailed to: Twenty -Five (25) Vendors Replies: Three (3) Vendors BID TAB TOTAL LUMP SUM CORRECTED TOTAL Driveways, Inc $ 34,429.50 Titusville, F1. Timothy Rose Cont $ 38,141.90 $ 37,578.90 Vero Beach, F1. Treasure Coast Cont $ 39,842.50 $ 39,832.50 Vero Beach, F1. TOTAL AMOUNT OF BID $ 34,429.50 SOURCE OF FUNDS Utilities General Impact Fees ESTIMATED BUDGET $ 47,100.00 RECOMMENDATION Staff recommends that the bid be awarded to Driveways. Inc. as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests Board approval of the attached Agreement when all the requirements are met and approved as to form by the County Attorney. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #4055 in the amount of $34,429.50 to Driveways, Inc., as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4 D. CR -510 - 66th Avenue Right -of -Way Acquisition The Board reviewed the following memo dated February 8, 1994: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E ; Public Works Direct and 0� Roger D. Cain, P.E County Engineer ` FROM: Donald G. Finney, SRA`!L�- County Right of Way Agent CONSENT AGENDA BUWZCT: CR 510/66th Avenue Right -of -Way Acquisition DATE: February 8, 1994 DESCRIPTION AND CONDITIONS Indian River County is gjanning to widen the intersection at County Road 510 and 66th Ave This parcel is located on the east side of 66th Avenue south othe corner at CR 510. The owner would not accept the $22,528 appraised value for the right-of-way parcel. but did counteroffer at $30,681.53 plus attorneys fees. The county attorney's staff negotiated with the owner's attorney and the owner has agreed to and executed a contract at $28,000 plus attorney's fee and cost not to exceed $2,000. The county staff feels this is _a resonable settlement without having to litigate and recommends approval. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bd, the Board unanimously authorized purchase of right-of-way from Ryall Groves, Inc., for a purchase price of $28,000, plus attorneys fee and costs not to exceed $2,000, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Release of Utility Liens The Board reviewed the following memo dated February 14, 1994: A Bou 91 pnur. 773 FEB �1 Z 199 TO: BOARD OF COUNTY COMMISSIONERS a*," P— ��� FROM: Lea R. Keller, CIA, County Attorney's Office DATE: February 14, 1994 RE: RELEASE OF UTILITY LIENS Boa 91 PAGF 774 The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfaction of Court Judgment: VERO BEACH GROVES 2. Satisfaction of Impact Fee Extensions: ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the releases of liens listed above, as recommended by staff. LIEN -RELATED DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. County Tax Deed Applications The Board reviewed the following memo dated February 10, 1994: TO: Board of County Commissioners �� k. )54� FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: February 10, 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: 6 (1) Certificate #90-2015 $153.08 (2) Certificate #90-2058 $193.66 (3) Certificate #91-4420 $167.37 (4) Certificate #91-5241 $177.08 (5) Certificate #91-5242 $177.08 rl nn L,� _ (7) Certificate #91-5251 $206.85 (8) Certificate #91-5343 $186.24 (9) Certificate #91-5348 $179.37 (10) Certificate #91-5381 $179.37 (11) Certificate #91-5405 $177.08 TOTAL .1,f}8i�3- ;P�� 7C'l, IF 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 Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized payment of $1,797.18 to the Clerk of Court in connection with the above tax deed sales, as recommended by staff. G. FCC Sponsored CATV Rate Regulation Seminar The Board reviewed the following memo dated February 16, 1994: TO: Board of County Commissioners 121� f Vi�r�cs G3 FROM: Charles P. Vitunac, County Attorney DATE: February 16, 1994 RE: FCC Sponsored CATV Rate Regulation Seminar I request permission to attend one of the regional seminars presented by the Federal Communications Commission relating to the new Cable TV rate regulation law, pursuant to the attached invitation and information from the Chairman of the FCC. There is no charge for the seminar since it is presented by the government for government officials. The FCC will be presenting its new rules and regulations which are just being written to correct the problems of the original guidelines adopted last year. The federal freeze on rate increases by cable operators has been extended to May 15 to allow time for local governments to be educated concerning the new rules. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized out-of-state travel for the County Attorney to attend one of the Cable TV rate regulation law regional seminars presented by the Federal Communications Commission. 7 FEB 22 1994 BOOK 91 FAGS ?75 a. Fr -16 FEB 2 2 N BOOK 9 H. SURPLUS VEHICLE DONATION TO HEALTH AND REHABILITATIVE SERVICES (HRS) The Board reviewed the following memo dated February 16, 1994: TO: Members of the Board of County Commissioners DATE: February 16, 1994 SUBJECT: DONATE SURPLUS VEHICLE TO HRS - CONSENT AGENDA FROM: Joseph A. Baird OMB Director Description Indian River County has a 1986 Ford Crown Victoria (Asset # 13246, Vehicle # 510) which the Fire Department has taken out of service. The Health Department has requested that the Board of County Commissioners give them the vehicle. Recommendation The Board of County Commissioners authorize the 1986 Crown Victoria (Asset # 13246, Vehicle # 510) be declared surplus and donate it to the HRS Health Department. Commissioner Adams wondered whether the County should donate a vehicle that is in poor condition and possibly is unsafe to operate. OMB Director Joe Baird reported that Fire Department staff declared it surplus because it has more than 100,000, or possibly more than 200,000, miles on the odometer and needs extensive repairs; and they decided it was not worth repairing. The Department of Health and Rehabilitative Services (HRS) will accept responsibility for making all necessary repairs. Commissioner Eggert was concerned about liability in the event of an accident. Commissioner Macht suggested that we transfer the title to the Health Department to avoid potential liability. Attorney Vitunac advised that the County usually holds the title to assets, but we could transfer the title to HRS to avoid potential liability. William Koolage, 11 Vista Gardens Trail, opposed giving the vehicle to another department. He stressed that whether the County or HRS owns the vehicle, the citizens will pay if it causes an accident. 8 Commissioner Eggert commented that HRS might not accept the title to the car. Glenn Schuessler, assistant director of HRS, stated that his agency needs the vehicle. He reported that he examined the vehicle 3 weeks ago and there was no rust, it had good tires, and the air conditioning system worked. He was confident that HRS could make the necessary repairs and get another 20,000 to 30,000 miles out of it. Chairman Tippin felt that the Board should not make the decision of whether the vehicle is repairable. He pointed out that just because the car is old and has a lot of miles on it does not mean it is not useable. He related that he owns a 1983 GMC truck with over 200,000 miles on it and it is in very good condition. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously agreed to transfer the subject vehicle and its title, and all responsibility for said vehicle, to the Department of Health and Rehabilitative Services. COURTHOUSE PROJECT CHANGE ORDER NO. 8 The Board reviewed the following memo dated February 14, 1994: DATE: FEBRUARY 14, 1994 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR _ FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SER CE SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT CHANGE ORDER NUMBER 8 BACKGROUND: This proposed change order to the contract between James A. Cummings, Inc., and Indian River County is necessitated due to the following construction changes on the subject project: Item #1 Change vinyl wall covering specifications $ (3,483.00) to material that is more resistant to mildew and bacteria growth. (OWNER) Item #2 Audio/Video/Court Recording, Security, and 55,237.00 Fire Detection System electrical changes. (OWNER-A/V. (ARCHITECT) Item #3 Change door closer to accommodate -0- heavier door. (ARCHITECT) 0 FEB 22 1994, BOOK 91 F'a-',F777 FP"_ FEB 2 2 114 BOOK Item #4 Concrete beam in North Stair had to be modified to allow for sufficient head room in the stair. (ARCHITECT) Item #5 Plaster soffit at Sallyport entry was added to conceal overhead plumbing lines. (ARCHITECT) Item #6 Wood species for the Courtroom seating was changed to the finished product would be more compatible with the wood wall paneling. (ARCHITECT) 91 PAGE 778 4,658.00 1,728.00 9,111.00 Item #7 Hardware changes based upon final review of 7,347.00 the security and hardware requirements for the project. (ARCHITECT) Item #8 Additional reinforcement steel and thickened 1,008.00 roof slab to accommodate roof -top screen wall. (ARCHITECT) Item #9 Add exhaust fan. Remove internal insulation 14,803.00 and add external insulation to Air Handling Units. (INDOOR AIR QUALITY CONSULTANT) Item #10 Masonry privacy walls and stainless steel 5,425.00 benches omitted from some holding cells. (ARCHITECT) Item #11 Thru-wall flashing under coping cap was 2,162.00 omitted from the documents. (ARCHITECT) Item #12 Notching of window mullions required due to 2,290.00 interference with floor slab. (ARCHITECT) Item #13 Concrete footing for planter walls was 2,468.00 omitted from documents. (ARCHITECT) Item #14 GWB bulkheads at changes in ceiling 618.00 elevations were omitted from documents. (ARCHITECTS) Item #15 Wood furring around corridor windows on 2,891.00 2nd and 3rd floors was omitted from contract documents. (ARCHITECT) Item #16 Add louver to roof -top fan room as 1,710.00 required for smoke exhaust system. (ARCHITECT) Item #17 Handi-cap toilets were scheduled for -0- certain non handi-cap toilets. (ARCHITECT) Item #18 Change floor mounted water closet to wall 526.00 mounted due to interference with structural floor framing system. (ARCHITECT) Item #19 Flush floor mounted floor junction boxes 299.00 were omitted from contract documents. (ARCHITECT) Item #20 Relocate rain leader and enclose as 990.00 required by code. (ARCHITECT) TOTAL OF CHANGE ORDER NUMBER 8 ............ $109,788.00 10 _ M M RECOMMENDATIONS: Staff recommends Board approval of Change Order Number 8 and requeste authorization for the Chairman to execute the appropriate documents. General Services Director Sonny Dean announced that Gary Glenewenkel, senior vice president of Centex Rooney, Inc., and Steve Krome, representing Pierce, Goodwin, Alexander, and Linville, were present at today's meeting and available to answer questions. Gary Glenewenkel advised that change orders to date, including the subject change order, total $376,805. Of that amount, about $223,000 resulted from air quality and audio/video changes made at the request of the County, and the balance of the changes were initiated by the architect and contractor. He emphasized that those numbers are well within the norm for projects of this magnitude. He explained that the subject change order is in the total amount of $109,778, and an itemized list of the changes is attached to the change order. Commissioner Adams led discussion about the necessity for spending $9,100 to change the courtroom seating from oak to mahogany. Steve Rrome explained that the paneling specified for the courtrooms has been used in other buildings, but not with this type of seating. They realized that the white oak seating would clash with the paneling, and it would be more expensive to change the paneling than to change the seating. Commissioner Bird noticed that there was no change in cost associated with Item 17. He believed that handicapped toilets were more expensive than non -handicapped toilets and that this change should have resulted in a credit. Commissioner Eggert wanted to know why the scheduled handicapped toilets were being changed to non -handicapped toilets. Director Dean responded that handicapped toilets were scheduled for the Judges chambers, but the Judges did not want them. Mr. Glenewenkel explained that no credit is involved because changing from handicapped to non -handicapped fixtures requires very minor modifications. Director Dean advised that we are still under budget on the Courthouse. owl FEB 22 91 FACE779 r F E B 2 2 1994 BOOK ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously authorized Change Order No. 8 with James A. Cummings, Inc., in the amount of $109,788.00, as recommended by staff. CHANGE ORDER NO. 8 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 91 FADE 780 PUBLIC DISCUSSION - SABONJOHN COMPLAINT The Board reviewed the following letter from Peter Sabonjohn, and attached memo dated February 16, 1994: i 75 2. TO: James Chandler County Administrator �J FROM: Robert M. Keating, AICP 4AIk Community Development Director DATE: February 16, 1994 SUBJECT: SABONJOHN COMPLAINT It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 22, 1994. DESCRIPTION & CONDITIONS: Recently, Peter Sabonjohn contacted the County Administrator's office, complained about inconsistent regulations, and indicated that he wanted to address the Board of County Commissioners regarding these matters. Consistent with the Board's policy, the administrator scheduled Mr. Sabonjohn for the February 22, 1994 meeting of the Board. 12 Because Mr. Sabonjohn provided no backup material regarding his requested Board appearance, staff cannot provide a complete staff report in this case. Based upon recent code enforcement action, however, staff can provide background information regarding Mr. Sabonjohn's expected complaints. Staff expects Mr. Sabonjohn to reference the property at the southwest corner'of 43rd Avenue and 41st Street. Comprised of two parcels, (one owned by Florence Sabonjohn and the other owned by Peter Sabonjohn), this property has been the subject of several code enforcement actions over the past few years. A brief chronology follows: • June, 1983: Code Enforcement Board order limiting the number of mobile homes (to be occupied) on the site to eight, prohibiting travel trailers on the site from being occupied. • June, 1990: Notice to Peter Sabonjohn to connect to County water and sewer. • January, 1991: Peter Sabonjohn paid impact and other fees for four water and sewer connections. • November, 1991: Peter Sabonjohn paid impact and other fees for one water and sewer connection. • January, 1992: Peter Sabonjohn paid impact and other fees for seven water and sewer connections. • August, 1990; December, 1991: HRS Environmental Health violation notices. • 1991 & 1990: Several other Environmental Control Board Actions. • 1993 & 1994: Building Division identified various electrical violations - illegal hookups of travel trailers. ANALYSIS: Mr. Sabonjohn has, in the past, complained about inconsistencies between the actions of different local governments. In this case, however, Mr. Sabonjohn was aware of the 1983 code enforcement order limiting the number of mobile homes to eight. Despite that awareness, he obtained the referenced water and sewer ERU's and then complained about subsequent enforcement action. It is staff's position that appropriate actions were taken in this case. Staff has documented various violations on the site and is pursuing these through the code enforcement board. RECOMMENDATION: Staff recommends that the Board of County Commissioners defer this matter to the code enforcement board. Peter Sabonjohn, 1325 5th Avenue, S.W., came before the Board asking for relief because he felt that various departments within the County seem to have different sets of rules. He stated that Mike Galanis of the Environmental Health Department had given him permission to operate 9 mobile homes and several trailers in a 13 BOOK 91 FAGS 781 FP -- F S G 2 2 9c�,1 BOOK 91 PAGc 782 mobile home park that he owns on 43rd Avenue. The Utilities Department told him he had to connect all the mobile homes and trailers to County utilities. He paid $5,000 per unit to connect to utilities. Six months later, the Zoning Department told him he was limited to a maximum of 8 occupied mobile homes on the property, and that none of the trailers could be occupied. Then the Building Department had the electric meters to the trailers removed. Mr. Sabonjohn felt that the County has caused him a number of problems since he moved here in 1970. One of the examples he gave was of a permit the Building Department gave him and then took away. Director Keating agreed that different agencies and departments have different rules, but he emphasized that a property owner must follow the most restrictive set of rules. He noted that Mr. Sabonjohn was aware of the Code Enforcement Board's 1983 order limiting the number of occupied mobile homes to 8, and prohibiting any travel trailers on the site from being occupied. He pointed out that the electrical meters in the mobile home park on 43rd Avenue were removed because the building inspector identified a number of electrical violations. Director Keating recounted one incident where a building inspector visited the mobile home park, cited violations, and Mr. Sabonjohn simply unplugged extension cords and then argued that there was no violation. Mr. Keating projected slides showing electrical extension cords. connecting mobile homes and trailers without electric meters to structures that were metered. He emphasized that some of the cords are a serious fire hazard because they are severely frayed. Other slides depicted various health and safety violations, including a trailer illegally hooked up to utilities, an inadequately grounded electric meter, a shed illegally being used as a living unit, overloaded extension cords inside mobile homes, numerous lawn mowers and trucks, and assorted trash and junk. Commissioner Macht asked whether the departments communicate with each other about these issues. Director Keating responded that the building inspector, code enforcement officer, and environmental health officer have tried to coordinate their efforts. When they pursue one problem, other problems come to their attention. Mr. Sabonjohn pointed out that the trailers were properly connected to electric meters, but the residents had to run extension cords between the mobile homes when the meters were removed. He argued that the travel trailers are not occupied. They are used as sleeping quarters by people who visit residents of the mobile home park. He remarked that many people in the county 14 run extension cords from their homes to travel trailers when they have visitors. He contended that the lawn mowers and trucks on his property are grandfathered in because they have been there since 1970. Director Keating explained that the Code Enforcement Board decided in 1989 that the trucks on the property could remain there because of the grandfather rule, but according to the Code Enforcement inspector the lawn mowers were placed on the property just recently. Commissioner Bird asked Building Director Ester Rymer why the County gave Mr. Sabonjohn a permit and then took it away from him. Director Rymer responded that the only reason to revoke a permit would be if a zoning problem is discovered after the permit is issued. She reported that she was unable to find any record of a permit that was issued for the mobile home park and then taken away. Mr. Sabonjohn recounted that the Building Department gave him a permit for work he was doing on a little house on 62nd Court and then took the permit away from him. Staff from the Building Department told him the structure was an outbuilding and not a house. The action was dropped when they discovered that the building had been on the tax rolls since 1970. Commissioner Tippin preferred to deal with one issue at a time, and he asked Mr. Sabonjohn to provide the Board with a written list of specific complaints. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Adams, to defer matters concerning Mr. Sabonjohn's mobile home park to the Code Enforcement Board, as recommended by staff. Under discussion, Commissioner Bird stated that he never saw a piece of property with so many mixed uses as there are at the subject mobile home park. He suggested to Mr. Sabonjohn that he spend less time trying to beat the system and more time trying to eliminate the deplorable conditions at the mobile home park. PUBLIC HEARING - PETITION WATER SERVICE - 10TH COURT S.A. - RESOLUTION III The hour of 9:05 a.m. having passed, the County Attorney f announced that this public hearing has been properly advertised as follows: 15 BOOK .91 FACE 7,83 B 2 2 1S� I 2 VERO BEACH PRES&JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA, Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter BOOK 91 FAGS 784 UTILITIES PUBLIC NEARING WATER ASSF_SSMENT PROJECT Tt Board of County Comm>ssioners of Mcian River 00 , Florida, hereby provides notice of PUBLIC HEARING scheduled for 9:05 A.M. on Tuesdey — February 22; 1994, to disc usy a pro Posed resoWdon rel. to a SPECIAL ASSESS MENT PROJECT lo Indian River Cwmty for the h- staHatlon of WATER SERVICE TO 10th COURT, SW (SOUTH OF 9TH STREET, SW/OSLO ROAD), and providing for special assessment Hens to be mad8 of record on the phi to be served. Anyone wdw may `Wh to ar>peal any decislari which ma be made at this meeting will need to ensure verbatimes and eviteproceedhga is made, ft appeal Is based. upon which AnYone who needs a special ac emmxidetton for this m with may Coht(Aact the County's Americans ?rt800ree0tl.th Ext. 408,'tor *at 567- at least 48haae a8dvan©e'af the in the Court, was pub- JaM I Feb. 411984 8= :. 1O87344 Ilshed in said newspaper in the Issues of Affiant further says that the said Vero Beach Press-Joumai 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 adv,q(J1jApment for publication in the said newspaper. before me 19 �G • My Comm. Expires : Ctt ? A C. SPRAGUE. NOTARY PUR1.10.(Business Manager) June 29, 1997 State of Florida, My Cornmssnn Exp, June 29.1997 No. CC300572 (P• / t •-mop :'•���,r'• OF ,• h •�•,,a•'• Notary: BARBARA C. SPRAGUE Assessment Projects Manager James Chastain presented the following memo dated February 10, 1994: DATE: FEBRUARY 10, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIL RVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS S NT PROJECTS BY: DEPARTMENT OF LITY SERVICES SUBJECT: PETITION WATER SERVICE - 10TH COURT, SW (SOUTH OF 9TH STREET, SW/OSLO ROAD) INDIAN RIVER COUNTY PROJECT NO. UW -93 -29 -DS RESOLUTION III - PUBLIC HEARING BACKGROUND On January 25, 1994, the .Indian River County Board of County Commissioners approved Resolution I (94-22) and Resolution II (94-23). Resolution I contained the preliminary assessment roll describing the project and cost. --Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (94-22) was published in the Vero Beach PRESS JOURNAL on January 31, 1994 (see attached agenda item and minutes of the above meeting). 16 � ® r ANALYSIS Design of the water distribution system is complete. An _ informational meeting was held for the benefit of the property owners on February 8, 1994. The total estimated cost to be assessed is $35,845.79. The cost per square foot is $0.09870278024. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. This project is to be paid through -the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Evert, the Board unanimously adopted Resolution 94-36, confirming the special assessments in connection with a water main extension to 10th Court S.W. Public Hearing (Third Reso.) RESOLUTION NO. 94 -SL_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 10TH COURT, SW (SOUTH OF 9TH STREET, SW/OSLO ROAD AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE b* RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 94-22, adopted January 25, 1994, determined to make special assessments against certain properties to be serviced by a water main extension of the County to 10th Court, SW (south of 9th Street, SW/Oslo Road); 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 17 Bou 91 FbcE 785 r FED 221994, BOOK.. 91 FAGS 1 % RESOLUTION NO. 94- 36 WHEREAS, the resolution was published in the Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 94-23, on January 25, 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 Press Journal Newspaper on Friday, January 28, 1994, and Friday, February 4, 1994 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, February 22, 1994, at 9:05 a.m. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute is RESOLUTION NO. 94- 36 prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Eg g.Prl • 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 22nd day of February, 1994. BOARD OF COUNTY COMMISSIONERS INDIAX RIVER COUNTY, FLORIDA t � BY � � John W. Tippin✓ Jeffrey K. -.Barton, Clerk _ Chairman REQUEST FOR AUTHORIZATION TO NEGOTIATE A CONTRACT FOR LAND ACQUISITION CONSULTANT SERVICES The Board reviewed the following memo dated February 15, 1994: TO: James E. Chandler County Administrator D NT HEAD CONCURRENCE: ober M. K e &VI ng IC Community Develop eennt� rector FROM: Roland M. DeBlois,' AZCP Chief, Environmental Planning DATE: February 15, 1994 RE: Request for Authorization to Negotiate a Contract for Land Acquisition Consultant Services It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 22, 1994. 19 BOOK 91 FAGS 787 BOOK DESCRIPTION AND CONDITIONS 91 PAGE 788 On October 5, 1993, the Board of County Commissioners, as endorsed by the County Land Acquisition Advisory Committee (LAAC), authorized staff to advertise a Request for Proposals (RFP) for environmental land acquisition consultant services. Subsequently, staff advertised an RFP, and five proposals were submitted. These proposals were submitted (in no particular order) by: * The Triece Company * Florida Conservation Consultants * The Nature Conservancy * Trust for Public Land/Glatting Jackson * Environmental Management Systems, Inc. Staff have since reviewed the proposals and conducted interviews. As a result, staff have prioritized the top three proposals as follows: 1. Trust for Public Land/Glatting Jackson 2. The Nature Conservancy 3. Florida Conservation Consultants This matter is presented for the Board to consider authorizing staff to negotiate a contract for environmental land acquisition consulting services, in the order of staff's priority ranking. ALTERNATIVES & ANALYSIS RFP Criteria The advertised RFP defines potential consultant tasks in three main categories: pre-acquisition due diligence coordination; acquisition negotiation; and conceptual management plan development. Of the submitted proposals, two do not address all three categories. These are the Triece Company proposal, which focuses on acquisition negotiation, and the Environmental Management Systems, Inc. proposal, which focuses on habitat management plan development and environmental assessments. Consequently, staff determined that these two proposals were non-responsive. County staff then conducted interviews with the three proposers who addressed all aspects of the RFP: Florida Conservation Consultants; The Nature Conservancy; and the Trust for Public Land/Glatting Jackson (et. al.), Inc. These interviews were conducted by the following staff:, "team": James Chandler (County Administrator), ' Joe Baird (Budget Director) Terry O'Brien (Assistant County Attorney) Robert Keating (Community Development Director) Roland DeBlois (Chief of Environmental Planning) In evaluating the proposals, staff considered a number of criteria, - including: * experience with environmental diligence and negotiation 20 land acquisition due M M * experience with environmental land management and stewardship * experience in identifying -and coordinating matching fund partnerships for acquisition and management * accessibility * experience with public relations * degree to which proposed fee structure serves county objectives Staff generally agreed that the Trust for Public Land/Glatting Jackson and The Nature Conservancy are the top proposals, with both applicants highly qualified for the requested services. Due to their proposed fee structure, however, The, Trust for Public land/Glatting Jackson was considered the first choice by the majority of staff. Fee Structure The Trust for Public Land/Glatting Jackson (TPL) fee structure is summarized as follows: * TPL will "upfront" due diligence/transaction costs (appraisals, surveys, etc.) and will not seek reimbursement from the County until and unless a closing occurs. * After all costs have been paid, TPL will "guarantee a bargain sale to Indian River County" (fair market value less transaction costs). * When bargain sale purchases are negotiated such that savings below fair market value exceed the costs of transaction, the division of these savings between the County and TPL will be determined on a project -by - project, percentage split basis. * TPL proposes that the County pay TPL a yearly "performance bonus" incentive payment, if TPL's performance attains pre -defined goals. Staff's position is that TPL's proposed fee structure best serves the County's objective of acquiring environmental land at less than fair market value. TPL's proposal also provides little or no financial risk to the County regarding pre-acquisition costs, since TPL is offering to "upfront" these costs with no reimbursement if a closing is not forthcoming. The Nature Conservancy (TNC) offered to provide services with fees "only to cover costs". However, TNC did not submit a specific recommendation on how its fee schedule would be structured, leaving this choice (e.g., flat fee, percentage of sale, etc.) up to the County. In selecting a consultant for environmental land acquisition services, it is staff's position that a detailed contract must be developed to identify specifics and ensure that the County and the consultant agree on all terms. 21 � �� 6®OK 91 PCE 789 FEE ?2 1994 RECOMMENDATION BOOK 91 PA, 790 Staff recommends that the Board of County Commissioners authorize staff to negotiate a contract with the Trust for Public Land/ Glatting Jackson, for environmental land acquisition consultant services. If a contract with the Trust for Public Land/Glatting Jackson is not forthcoming, staff recommends that the Board authorize staff to negotiate a contract with the second ranked applicant (The Nature Conservancy), or if necessary, the third ranked applicant (Florida Conservation Consultants). Mr. DeBlois reported that the Trust for Public Land (TPL) presently is involved in the purchase of land known as the "Korangy" parcel, which is on the Land Acquisition Advisory Committee's (LAAO) acquisition list. Since that project is well under way, staff recommends that it be considered a separate transaction from the subject contract. Mr. DeBlois further stated that if TPL is selected as a consultant, all activities regarding land on the LAAC acquisition list would be subject to County approval. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Eggert, to authorize staff to negotiate a contract with the Trust for Public Land/Glatting Jackson for environmental land acquisition consultant services; and if a contract is not forthcoming, to negotiate with the second -ranked applicant (The Nature Conservancy), or if necessary, the third -ranked applicant (Florida Conservation Consultants); and to keep the Korangy property acquisition separate from this contract. Under discussion, Commissioner Bird asked for additional information about Glatting Jackson. Mr. DeBlois explained that Clatri ng Jackson is a planning firm specializing in the de-:��!c,�rYent of management plans and has done a lot of workutlic agencies. The Trust for Public Land, which 1.6 involved with pre-acquisition and negotiations, teamed up with Glatting Jackson to fulfill the management plan development portion of the proposal. Chairman Tippin recounted that shortly after he was elected to the Board a -person from the Nature Conservancy contacted him, and he found that person to be very headstrong. He admired the Nature Conservancy, but he wanted to make sure that we maintain control over these activities and do what is best for our County. 22 _ M Mr. DeBlois understood Chairman Tippin's concern, but he pointed out that in past dealings with the Nature Conservancy, staff has been careful to temper the_ organization's enthusiasm and make sure the County's objectives are being served. Commissioner Bird asked whether the market value is the same as the current appraised value. Mr. DeBlois responded that the definition of market value was discussed in detail. The usual procedure on property valued at more than $500,000 is to get 2 independent appraisals. If the 2 appraisals are similar, the average of the 2 is used as the fair market value. On complicated properties with a major divergence in the appraisals, it might be necessary to get a third appraisal. Administrator Chandler advised that the negotiated contract will include specific definitions to prevent any misunderstanding of what is fair market value. Commissioner Bird understood that TPL is based in Tallahassee, and he wanted to know if TPL will have an ongoing presence in the County and be accessible to the Commission and staff. Greg Chelius, representing TPL, explained that his organization will hire one locally -based person now, and perhaps hire another person later. He plans to be in Vero Beach about one week out of every two weeks. He looked forward to this opportunity will spend as much time in Vero Beach as it takes to get the job done. He wanted to get the job done as quickly as possible before we start losing properties and prices start going up with the improving economy. He emphasized that TPL's purpose is to help the County achieve its goals rather than trying to set goals for the County. Commissioner Adams communicated that she has confidence in TPL and was delighted to see the "bargain sale" percentage split. she asked for more information on the actual numbers, and she wanted to discuss the matter of performance bonus payments again at a future Board meeting. Mr. Chelius responded that the exact percentages will be worked out during contract negotiations. He stated that he will forward additional information to the Board along with a corporate brochure. Administrator Chandler noted that TPL made a specific guarantee in its proposal to acquire the property at less than fair market value. An example used in TPL's proposal was if the fair market value of a piece of property is $1 million and the acquisition costs are $50,000, TPL would guarantee that the County 23 19� BOOK 91 PACE 79� BOOK 91 PAGE 792 would pay $950,000 or less. He stressed that the proposal appears to be very favorable to the County. Commissioner Macht considered a contact with TPL to be a low- risk or no -risk proposition. Commissioner Bird suggested incluing a discussion about condemnation proceedings in the contractdnegotiations. William Roolage, 11 Vista Gardens Trail, asked whether fees paid to TPL come out of the $26 million bond money or out of a separate fund. He thought that ongoingmaintenance costs should come out of the $26 million. Administrator Chandler confirmed that 'all fees paid to TPL will come out of the $26 million. TPL will pay up -front costs normally associated with land purchases, such as surveying fees and appraisals, and if we fail to close on piece of property, TPL will absorb those costs. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION FOR THE COUNTRYSIDE (FORMERLY !VILLAGE GREEN WEST AND SOUTH) DRI The Board reviewed the following memo idated February 15, 1994: TO: James E. Chandler County Administrator DIV,Xa7VN HEAD CONCURRENCE: ert ti g,' ICP Community Deve opmqfnt D r ctor 2 FROM: Stan Boling, AICP Planning Director DATE: February 15, 1994 SUBJECT: Minor Modification to Previous]y Approved Development Order Resolution for the Countryside (formerly Village Green West & South) DRI It is requested that the data herein presented be given formal consideration by the Board of -County Commissioners at its regular meeting of February 22, 1994. 24 BACKGROUND: On January 4, 1994, the Board of County Commissioners adopted _ Resolution No. 94=2 that approved minor modifications to the development order (D.O.) for the Countryside (formerly Village Green West & South) DRI project. Specifically, the approved D.O. modifications allowed development of a portion of the project as a conventional single family subdivision to be known as "Sabal Trace", and updated the D.O. project build -out date based upon an updated traffic analysis. Although county staff, Treasure Coast Regional Planning Council (TCRPC) staff, and Department of Community Affairs (DCA) staff reviewed and had no objection to approval of the D.O. modifications, DCA is now requesting that two minor modifications be added to the D.O. (see attachment #1). County staff have prepared a resolution that will modify the D.O. in accordance with DCA's request. The Board of County Commissioners is now to consider and approve the proposed minor modifications. ANALYSIS: County planning staff have coordinated with the applicant and TCRPC staff regarding the requested modifications. The applicant, county staff, and TCRPC staff have no objections to the proposed modifications. These modifications would: 1. Specifically state in paragraph 12 of the D.O. that after December 31, 2005, no building permits can be issued for the project unless a traffic study update is approved and the project build -out date is extended. 2. Add DCA to the list of agencies that would review and approve any project traffic study update. Commissioner Adams was offended that the Florida Department of Community Affairs (DCA) wants to review and approve any project traffic study updates. Planning Director Stan Boling advised that it is not unusual for the DCA to want to review this type of project. The DCA wants to be part of that list, which is not unusual in a Development Order. Community Development Director Bob Keating explained that the DCA is involved because this is a Development of Regional Impact (DRI). The good news is the DRI process will be phased out within the next few years. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 94-37, amending the development order approved by the Board of County Commissioners for the Development of Regional Impact (D.R.I.) project formerly known as Village Green West and Village Green South, now known as Countryside North and Countryside South, as recommended by staff. 25 BOOK ;;91 PAGE '� r, 1994, FEB RESOLUTION NO. 94-37 Boos 91 PA -F794- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION NO. 94-2, THE AMENDED DEVELOPMENT ORDER (D.O.) FOR THE DEVELOPMENT OF REGIONAL IMPACT (DRI) PROJECT FORMERLY KNOWN AS VILLAGE GREEN WEST & VILLAGE GREEN SOUTH, NOW KNOWN AS COUNTRYSIDE NORTH & SOUTH WHEREAS, as provided in Chapter 380 Florida Statutes, on January 4, 1994 the Board of County Cbmmissioners adopted Resolution No. 94-2 which is'the amended development order (D.O.) for the development of regional impact (DRI) project formerly known as Village Green West & Village Green South, now known as Countryside North & South; and WHEREAS, the Department of Community Affairs (DCA) has requested minor modifications to Resolution 94-2; and WHEREAS, neither the agplicsnt nor Treasure Coast Regional Planning Council (TCRPC) staff have expressed any objections to the requested minor modifications; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that Resolution No. 94-2 be modified by the addition of the following underlined wording to paragraph 12: 12. No building permit shall be issued for development within the overall DRI project after December 31, 2005 unless the project buildout date is extended and a traffic study for the project is conducted by the developer and is approved by Indian River County, Florida Department of Transportation, the Florida Department of Community Affairs, and the Treasure Coast Regional Planning Council. The Study shall identify the improvements and timing of those improvements necessary to maintain adopted levels of service on the impacted transportation network, and shall propose an improvements program that is acceptable to Indian River. County, Florida Department of Transportation, Florida Department of Community Affairs, and the Treasure Coast Regional Planning Council. The foregoing resolution was offered by Commissioners Macht and the motion was seconded by Commissioner E9 a e r t , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Vice Chairman Ken Macht Commissioner Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert This Chairman thereupon declared the resolution duly passed and adopted this 22 day of February , 1994. INDIAN RIVER COUNTY COMMISSIONERS INDIAN. RIVER COUNTY, FLORIDA n � � CHAIRMAN, John kW: Tippi# ATTEST:�J`., i Jeffrey .Barton, County leek =� � ,Vy 26 APPROVAL OF THE FY 1993-94 EMERGENCY MANAGEMENT ASSISTANCE (EMA) AGREEMENT AND PURCHASE OF CAPITAL EQUIPMENT - The Board reviewed the following memo dated February 15, 1994 TO: Board of County Commissioners THROUGH_: Jim Chandler, ounty Administrator • Wri htt Director FROM. Doug g 4 Emergency Services DATE: February 15, 1994 SUBJECT: Approval of FY -93/94 Emergency Management ' Assistance (EMA) Agreement and Purchase of Capital.Equipment It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Department of Emergency Services, Division of Emergency Management, has received the attached FY -93/94 Emergency Management Assistance (EMA) Agr ement from the Federal Emergency Management Agency (FEMA) througl# the Florida Department of Community Affairs in the amount of $32,033. The Division of Emergency Management has successfully participated in the EMA grant program for several years and this year's proposal represents a increase over last year. Please note that no additional funding is required on the part of the County to execute this agreement. With Board approval, the funds will be utilized to complete the Scope of Work contained in the agreement within the allowed time frames and improve on-scene.emergency capabilities. Due to a delay at the Florida Department of Community Affairs, we are receiving the proposed funding later than usual in terms of the fiscal year. Even though the delay has placed us well into the second quarter, we remain eligible to receive all proposed funding allowable within the agreement on an annualized basis for the full current fiscal year. Staff recommends that the funds be utilized in the Division of Emergency Management_ budget (208) ars follows which would be consistent with utilization of these grant funds_ -in -prig fsUal years: ACCOUNT NO. ACCOUNT DESCRIPTION AMOUNT 001-208-525-011.12 001-208-525-039.02 001-208-525-039.99 001-208-525-066.41 ALTERNATIVES AND ANALYSIS: Regular Salaries $15,107 All Travel 9,726 Oth Chgs-Obligations 2,500 Office Furniture -Equip 4,700 TOTAL $32,033 The allocation of funds is based on monitoring reports and an on- site inspection of the local Emergency Management program which is conducted by the Florida Department of Community Affairs. During the last program analysis and evaluation, the Division of Emergency Management received the maximum allowable score by the review committee. Acceptance and approval of this agreement by the Board will allow this department to continue to improve and expand current programs. 27 BOOK 91� PAGE % w z:: FEB 22 094 eooK 9 796 � Staff also seeks approval to utilize $4,700 of the grant to purchase an Active Display Screen 486 Laptop Computer capable of running complex emergency response and chemical modeling software. The Division intends to use this equipment at the command post during weekly hazardous materials emergency events and for development of resource lists and emergency response plans on daily projects. RECOMMENDATION: Staff recommends approval of the FY -93/94 Emergency Management Assistance Agreement and grant revenue utilization. Staff also requests the Board authorize the Chairman to execute the appropriate documents to secure the funding of $32,033. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the FY 1993-94 Emergency Management Assistance Agreement and Grant Revenue Utilization, and authorized the Chairman to execute the appropriate documents to secure the funding of $32,033, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAB EXEMPT BORROWINGS The Board reviewed the following memo dated February 16, 1994: TO: Members of the Board of County Commissioners DATE: February 16, 1994 SUBJECT: RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS FROM: Joseph A. Bair OMB Director Attached is a resolution which is a requirement in order to be able to reimburse expenditures to construct the Prefabricated Erosion Prevention (PEP) Reef from future tax exempt borrowings. 28 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted -- Resolution 94-38, establishing the intent of -the Board of County Commissioners of Indian River County,* Florida, to reimburse certain expenditures for the prefabricated erosion prevention (PEP) reef with the proceeds of borrowing to be made in the future, as recommended by staff. RESOLUTION NO. 94 - 3 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES FOR THE PREFABRICATED EROSION PREVENTION (PEP) REEF WITH THE PROCEEDS OF BORROWING TO BE MADE IN THE FUTURE. WHEREAS, Indian River County has plans to issue revenue bonds or borrow proceeds from an institution. in an aggregate principal amount not to exceed $4,000,000 for the purposes of financing the cost of a Prefabricated Erosion Prevention (PEP) Reef in the County; and WHEREAS, certain expenditures are contemplated to be paid from the Tourist Tax fund of the County prior to the issuance of the bonds; and WHEREAS, the County intends to reimburse the Tourist Tax fund for those expenditures with the proceeds from the borrowing, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. Indian River County will make certain expenditures looking toward the construction of the Prefabricated Erosion Prevention (PEP) Reef. Said expenditures shall include without limitation expenditures for permitting fees, expenses and costs of environmental experts, consultants and advisors, monitoring costs, surveying, engineering, and construction costs directly relating to the Prefabricated Erosion Prevention (PEP) Reef project. Said expenditures will occur prior to the issuance of the bonds. These expenditures, .therefore, will perforce be provided by the Tourist Tax fund. 29 � '18 22 M4 BOOK 91 PACE 7.97 r FEB 22 A94 BOOK 91 .PAF 798 � RESOLUTION N0. 94-38 2. The County intends to reimburse the Tourist Tax fund for said expenditures with a portion of the proceeds of the bond sale referred to herein. 3. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the Income Tax Regulations. 4. The Clerk of the Board of County Commissioners is hereby directed to make a copy of this Resolution available for public inspection, during regular business hours, at the office of the Clerk in the County Administration Building, beginning no later than thirty (30) days following the adoption of the Resolution, and to keep the same available for public inspection at such place and during such hours until the date upon which the bonds herein mentioned are issued and delivered by the County. The resolution was moved to adoption by Commissioner A ci a m,,; and the motion seconded by Commissioner M a c h t , and upon being put to a vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert A y e Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 22 th day of February 1994. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA y John W. Tippin y Chairman 30 INDIAN RIVER BOULEVARD, PHASE IV - CHANGE ORDER NO. 2 - DICKERSON FLORIDA, INC. The Board reviewed the following memo dated February 14, 1994; TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. �10 Capital Projects Manager SUBJECT: Indian River Boulevard, Phase IB Change Order No. 2 DATE: February 14, 1994 FILE: IRBCO2.AGN DESCRIPTION AND CONDITIONS On Janury 25, 1994, the Board of County Commissioners authorized the transfer of $10,440.00 from the Utilities impact fee fund to the Public Works contract account for the installation of twenty-four inch (24") steel casing pipes at 41st and 45th Street in the Indian River Boulevard right-of-way. The attached Change Order No. 2 provides for the installation of these steel sleeves by the contractor for Indian River Boulevard Phase IV, Dickerson Florida, Inc.. Change Order No. 2 also includes increases that total $8,848.27 to relocate the Whisper Lakes Golf Course driveway on 53rd Street approximateley 175 feet east of its present location. This relocation moves the driveway away from the intersection of 53rd Street with USI to provide increased traffic saftey. The remainder of the items on Change Order No. 2 deal with erosion control, drainage modifications, installation of conduit for grove irrigation and construction of a leveling course on 53rd Street to eliminate irregularities in the existing surface. The net change in contract price for Change Order No. 2 is an increase in the amount of $36,395.78. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Authorize Change Order No. 2 in the amount of $36,395.78. This would result in a revised contract amount of $3,550,161.77 Alternative No. 2 Deny authorization of change order and re -negotiate. RECOMMENDATIONS AND FUNDING Staff recommends that Change Order No. 2 be approved. Funding is from Account 309-215-541-066.51, Indian River Boulevard, Phase IV, construction in progress. 31 F E B 22 1994 fiooK 91 FAGE799 Fr_ E0 2 2 X994 BOOK 91 PM, 'r 800 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert the Board unanimously approved Change Order No. 2 with Dickerson Florida, Inc., in the amount of $36,395.78, as recommended by staff. CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PHASE III - WATER MAIN EXPANSION GROWTH PLAN - RESOLUTION IV - FINAL ASSESSMENT ROLL The Board reviewed the following memo dated February 11, 1994: DATE: FEBRUARY 11, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRA FROM: TERRANCE G. PINT DIRECTOR OF UTI T ICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF ASS MENT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PHASE II - WATER MAIN EXPANSION GROW'T'H PLAN INDIAN RIVER COUNTY PROJECT NO. UW -91 -14 -DS RESOLUTION IV - FINAL ASSESSMENT ROLL On December 8, 1992. the Indian River County Board of County Commissioners approved Resolution III, No. 92-224, for the preliminary assessment roll on the above -referenced project. Construction of the project has been completed. We are now ready to begin customer connections and request the Board of County Commissioners' approval of the final assessment roll (see attached minutes and Resolution III). ANALYSIS The preliminary assessment was for an estimated cost of $1,685,756.24, which equated to $0.118570 per square foot of property assessed. The total cost of the project is $1,548,503.53, less a non -assessed transmission cost of $194,806.85, resulting in a final assessment of $1,353,696.68, which equates to a cost of $0.097828 per square foot of property (see attached Resolution IV and the accompanying assessment roll). Adjustments made at the public hearing on this project on December 8, 1992 reduced the square footage to be assessed from 14,217,424 to 13,837,549, resulting in a reduction to be assessed of 379,875 square feet. RECOMMZNDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. 32 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 94-39, certifying "as -built" costs -for installation of water service in connection with the Phase II water main expansion growth plan, as recommended by staff. As Built (Final Reso.) Phase II Water Expansion RESOLUTION NO. 94- 39 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR.. INSTALLATION OF WATER SERVICE IN CONNECTION WITH THE PHASE II WATER MAIN EXPANSION GROWTH PLAN, AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of . County Commissioners of Indian River County determined that water improvements for properties located within the area of the Phase II Water Main Expansion Growth Plan are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, December 8, 1992, . the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard . as . to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 92-224, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution, and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 92-224, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-224 is modified as follows: The completion date for the referenced project and the last day that payment may be 33 FEB 22 1994 BOOK 91 PkuF 801 FEB ,fA�F J99A BOOK 91 8� a RESOLUTION NO. 94-39 made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 8% per annum may be made in ten annual installments, the first. to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 92-224 shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 92-224, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht A y e 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 22 day of February 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: --By ., W-1 1.,-C -, Jeffrey K ^ John W. Tip'nBarton Clerk �' Chairman 34 34th AVENUE - PINEWOOD ESTATES WATER SERVICE - RESOLUTION IV - FINAL ASSESSMENT ROLL The Board reviewed the following memo dated February 11, 1994: DATE: FEBRUARY 11, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIrL CES PREPARED JAMES D. CHASAND STAFFED MANAGER OF ASS JECTS BY: DEPARTMENT OF VICES SUBJECT: 34TH AVENUE/PINEWOOD ESTATES WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -92 -25 -DS RESOLUTION IV - FINAL ASSESSMENT ROLL BACKGROUND On March 9, 1993, the Indian River County Board of County Commissioners approved Resolution III, No. 93-56, for the preliminary assessment roll on the above -referenced project. Construction of the project has been completed. Customer connections have begun, and we .request the Board of County Commissioners' approval of the final assessment roll. (See attached minutes and Resolution III). ANALYSIS The preliminary assessment was for a total estimated cost of $32,236.00, which equated to ± $0.090496 per square foot of property owned. The final assessment (see attached Resolution IV -and the accompanying assessment roll) is in the amount of $30,116.43; which equates to a cost of $0.08454636564 per square foot of property. The staff of the Department of Utility Services recommend that the Board of County Commissioners approve Resolution IV. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 94-40, certifying "as -built" costs for installation of water service to 34th Avenue/Pinewood Estates, as recommended by staff. 35 BOOK 91 FAGF 803 L_FE8 22 04 J FEB 2 "1'994 BOOK 91 Fhlu.804 RESOLUTION NO. 94- dL_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF WATER SERVICE TO 34TH AVENUE/PINEWOOD ESTATES, AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located in 34th Avenue/Pinewood Estates were necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, March 9, 1993, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 93-56, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 93-56, V. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 93-56 is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 8% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 36 As Built (Final Reso.) 34th Avenue/Pinewood RESOLUTION NO. 94-40 3. The final assessment roll for the project listed in Resolution No. 93-56 shall be as shown on the attached Exhibit "A. " 4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 93-56, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht A y e 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 22 day of February 1994. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA By 01 l Jeffrey K. Barton, ClerkJohn W. Ti ' Chairman MW Boa 91 Pn' 805 r FEB 2 2 0994 BOOK o. -c. OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION The Board reviewed the following memo dated February 18, 1994: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney40 DATE: February 16, 1994 RE: Occupational License Equity Study Commission I At the regular meeting of the Board of County Commissioners on January 11, 1994, the Commission adopted a resolution establishing the subject commission. At that time there were two items for future consideration: (1) the scope of the committee's considerations, i.e. the unincorporated area vis-a-vis county -wide and (2) the appointment of five members. Staff has determined from an administrative and financial aspect that it would be in the best interest of the public that the County collect the occupational license tax in the unincorporated areas only and the municipalities collect in their jurisdictions. This will result in a person doing business in a municipality from having to pay both a city and county tax. Only one tax will be collected. It will be either a county tax or a city tax. If this recommendation is accepted, then the appointment of members is appropriate, and the members should be doing business in the unincorporated area of the county. Assistant County Attorney Terry O'Brien advised that this is the followup to the resolution adopted by the Board establishing an equity study commission. If the Board agrees with the scope of the committee's consideration, it would be appropriate to appoint 5 members who are business persons in the unincorporated areas. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Eggert, to limit the County's occupational license tax collection to the unincorporated areas of the county. Under discussion, Chairman Tippin stated that the Board will appoint committee members at the next Board meeting. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 38 IMPACT FEE LEGISLATION The Board reviewed the following memo from the Florida Association of -Counties dated February 15, 1994: TO: Chairmen, Boards of County Commissioners County Lobbyists FROM: Kari Hebrank, Director of Governmental Relations d' DATE: February 15, 1994 RE:.' Lnpact fee legislation During the past several legislative sessions, the Florida Association of Counties has had to wage a major battle against passage of legislation designed to restrict county government authority to impose impact fees. We have been successful in defeating impact fee legislation, in large part, through the active lobbying of the hometown legislative delegation by members of county commissions from all parts of the state. We are developing an action plan for defeating impact fee legislation that has recently been filed by Representative Buddy Johnson (HB 1137) and Senator John Grant (SB 1544). These bills could have a tremendous negative impact on our counties. Many of you adopted resolutions opposing impact fees in the past. FAC is once again asking County Commissions to approve a resolution opposing impact fee legislation. The FAC Board of Directors recently approved the following position statement: The Florida Association of Counties supports preserving county home rule authority to develop and impose impact fees. You should adopt such a resolution whether or not your county presently imposes impact fees. With the revenue picture for local governments as bleak as it is, counties simply cannot afford to have state legislators in Tallahassee limit or otherwise imperil any. potential county revenue source. This is one of those issues where all county commissions must stand firm and united. Enclosed as "Document A" is a set of optional clauses you might consider in drafting a resolution. Send a copy to FAC, to members.of your legislative delegation, and to the local per - Second, when you meet with members of your legislative delegation, impress upon them your county's opposition to any impact fee legislation. "Document B" contains a set of possible talking points for your use. Identify those commissioners with the best rapport with a particular legislator and have them talk with that legislator. Encourage them to oppose impact fee legislation and discourage them from becoming a co-sponsor on impact fee legislation. You may find your legislator supports some form of impact fee legislation because of one particular problem he or she has been made aware of perhaps by a local home builder or realtor. Find out what the problem is and try to get it resolved.. Work with your legislator in a constructive way to find a jgOL solution. Third, your board should talk to the news media. Meet with your local editorial board, hold a press conference with other groups that support our position (e.g., cities, environmental groups, homeowners associations), and develop a story with a local reporter. Working with the press really helped our lobbying effort on this issue during past legislative sessions. Once you have done these things, do not consider the job done. Continue to remind legislators of your county's position. Remember, there is no more effective lobbying than that done by the local commissioner conferring with members of the legislative delegation back home. Working together, we can again defeat impact fee legislation. Thank you in advance for doing your part. 39 QL D 9 Boa 91. FACE 807 r r -BOOK FEB 22 1994 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 94-41, to the governor and legislature of the State of Florida, in support of preserving county home rule authority to develop and impose impact fees. RESOLUTION NO. 94-41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE GOVERNOR AND LEGISLATURE OF THE STATE OF FLORIDA, IN SUPPORT OF PRESERVING COUNTY HOME RULE AUTHORITY TO DEVELOP AND IMPOSE IMPACT FEES. 91 PAGE 808 � WHEREAS, Section (1) , Article VIII of the Florida Constitution, as implemented by Section 125.01, Florida Statutes, was intended to enlarge the power of counties to govern themselves through home rule, and state inter- vention in the area of impact fees would be inconsistent with this important constitutional right; and WHEREAS, in respect to this home rule principle the authority of local governments to impose impact fees has been firmly established in case law to help fund the cost of providing facilities and services necessitated by growth and development; and WHEREAS, impact fee revenues are critical to funding local government growth management plans, 'particularly in the critical transition period from plan development to plan implementation; and WHEREAS, impact fees are imposed to ensure that growth and develop- ment pay their own way rather than having those costs shifted to current residents; and WHEREAS, Indian River County finds its current and proposed impact fee ordinances are effective and legally sustainable without benefit of state - imposed requirements and conditions; and WHEREAS, Indian River County has developed and implemented local impact fee ordinances for water, sewers, and traffic; and WHEREAS, impact fee legislation would likely generate additional costly litigation to defend both existing and future ordinances; and 40 RESOLUTION NO. 94-41 WHEREAS, state -imposed impact fee regulations could force local govern- ments to hike property taxes to pay for facilities and services demanded by the ever-growing numbers of new residents and presently funded through impact fees; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the legislative delegation, the Florida Senate and the Florida House of Representatives, and the Governor of the State of Florida to preserve the full and complete home rule authority of local governments to impose impact fees and thus to oppose legislation restricting or limiting local government use of impact fees. The resolution was moved for adoption by Commissioner Adams, and the 5 motion was seconded by Commissioner Macht, 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 22 day of February, 1994. Attest JeffreyK. Barton, Clerk zy - � 4��", 41 FEB 22 1.994 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Pv r .r John W . Tipp' Chairman BOOK 91 � FAGE 809 . r- FES 22 J994. BOOK 91 FAGE'810 COUNCIL OF PUBLIC OFFICIALS (COPD) ACTION The Board reviewed the following memo dated February 18, 1994: TO: Board of County Commissioners FROM: Vice Chairman Kenneth R. Macht DATE: February 18, 1994 RE: Council of Public Officials (COPD) Action At the February 16, 1994, meeting of the COPD, the Council unanimously passed a motion to have the governing bodies of Vero Beach, Sebastian, the School Board, and Indian River County investigate possible tax savings and other efficiencies which might be realized from having one or more common vehicle repair and parts facilities. If the Board of County Commissioners agrees with this direction, I request its direction to the County Administrator to initiate contacts with the other governments in the county which support this plan and to bring back recommendations and plans for accomplishing these goals. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, to initiate contacts with the other governments in the County which support this plan and present their recommendations to the Board. Under discussion, Commissioner Macht described this as an opportunity for significant savings and improved performance. Commissioner Bird agreed that it seems like a good idea, but he expressed concern about accounting and setting priorities. He predicted that it would be a monumental task, but it may be worth pursuing. Commissioner Adams was uncertain how this would result in a savings of money. Commissioner Macht responded that savings can be made by purchasing in volume, and by more fully utilizing the skills of municipal and County mechanics. For example, Fellsmere has a full- time mechanic for 8 or 9 vehicles, and he could help with North County vehicles. He added that he believed there are opportunities to save money by contracting out some of the work. Administrator Chandler agreed that it was worth pursuing, although a number of elements must be considered. He felt that accounting would not create a problem. He did not expect privatization to result in significant savings. 42 Commissioner Adams pointed out that we must calculate how much we can save by purchasing in volume, and compare it to the down time that will result from vehicles being transferred to a different location for repairs. She was not convinced that our mechanics are underemployed. Commissioner Eggert cautioned that we need to address liability concerns. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. UPDATE ON PREFABRICATED EROSION PROTECTION (PEP) REEF PROJECT Commissioner Adams reported that Dr. Robert G. Dean, chairman and graduate research professor at the University of Florida, has offered to let us use his wave tank to do some studies. The cost to the County would be about $10,000. The Beach and Shore Preservation Advisory Committee hopes that the Florida Division of Beaches and Shores will accept this physical model in place of the $25,000 numerical model previously authorized by the Board. She stressed that the study might cost more than $10,000, but she is asking the Board's approval to continue negotiating with Tallahassee while this studies are being conducted to avoid delay on this project. She reported that we are beginning to get some cooperation from Tallahassee. Commissioner Eggert understood from newspaper reports that the objective of the study is to prove that sand will not be taken away from the center and deposited at the two ends instead of on the shoreline. Coastal Engineer Don Donaldson confirmed that one of the objectives of the study is to ascertain that the PEP reef will perform as expected, but the primary objective is to find the best loc4tfon for the PEP -reef. The consensus of the Board was for the Beach and Shore Preservation Advisory Committee to negotiate with Dr. Dean of the University of Florida for the use of his wave tank. APPOINTMENT TO NOMINEE QUALIFICATIONS" REVIEW COMMITTEE The Board reviewed the following letter dated February 10, 1994: 43 'FEB 221994 I r FES 22 M February 10, 1994 10 I Mr. John W. Tippin, Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Tippin': BOOK 9�. PAIGE -812 The Nominee Qualifications' Review Committee for Health & Human Services Board, District 15 was just recently notified of Polly Crowell's death. She served as a Member of our Board from its inception having been appointed by the Indian River County Commission. We hereby request that.you appoint a replacement for Mrs. Crowell to the N.Q.R.C. Board-. our next meeting -will be held on April -6th,,--L994 at which time we will prepare ourselves to deal with the eight upcoming openings on on the Health _& Human Services Board. Therefore, we would sincerely appreciate you placing this item on your agenda as soon as possible. We apologize for our delay; however, we were unaware that she had passed away. if you haveC4.66- s bout the duties of this committee, please feel free to contact mea35. Carolyn Eggert is also aware•of the process as she sat on the Ho anization Committee with Polly. Thank you for your cooperation in this matter. Sincerely, 6;.u - Judi C. Miller Chairman, N.Q.R.C. Board Commissioner Eggert announced that Beverly O'Neill has agreed to serve on the committee. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously appointed Beverly O'Neill to the Nominee Qualifications' Review Committee for Health & Human Services Board, District 15. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those minutes are being prepared separately. 44 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:43 a.m. ATTEST: J. arton, Clerk 45 FEB 22 1994 John W. Tippi Chairman BOOK 91. PAuF 813