HomeMy WebLinkAbout5/17/1994= MINUTEST TACHED =
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, MAY 17, 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)
James E. Chandler,
County
Administrator
Kenneth
R. Macht,
Vice Chairman
(Dist.
3)
Fran B.
Adams
( Dist. 1)
Charles P. Vitunac,
County
Attorney
Richard
N. Bird
( Dist. 5 )
Carolyn
K. Eggert
(Dist. 2)
Jeffrey K. Barton,
Clerk to
the Board
9: 00 A. M. 1.
CALL TO ORDER
2.
INVOCATION
-
Rev. David Mulford
First
Presbyterian Church
3. PLEDGE OF ALLEGIANCE -- Comm. John W: Tippin
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Add 7.J., Permission for Commissioner to Travel to Tallahassee
Move 11.C.2. to 9.A.1., Surplus Real Property
Move 9.A.1. to 9.A.2., Fourth (4th) Street Murphy Act Problems
Add 11.A.2., Discussion Regarding Potential for Larger Meeting Space
Withdraw 11:G.3., SR-AlA Widening and Drainage Improvements
Add 13.A.1., Report on Meeting with Indian River Farms Water Control District
Add 13.A.2., Comment from Mr. Kroegel Regarding -North County Project
Add 13.B., Comment Regarding Erroneous Reporting of Land Acquisition Action
Withdraw 14.B., Property Appraisals for Property Adjacent to the Landfill and
Cancel Solid Waste Disposal District Meeting
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of April 12, 1994
B. Regular Meeting of April 19, 1994
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board:
Office of the Medical Examiner, District 19,
March 1994 Expenditure Report
B. • Proclamation Celebrating the 75th Birthday of
the City of Vero Beach
C. Occupational License Fees Collected During
Month of April, 1994
( memorandum dated May 5, 1994 )
D. Request from Exchange Club to Place Freedom
Shrine in New Courthouse
MAY 17 19,1(letter dated May 11, 1994 )
MAY 17 1991,
7. CONSENT AGENDA (cont'd. ):
E. Award Bid #4071 T 10th Court, S.W. Water Main
(memorandum dated April 28, 1994)
F. I.R.C. Courthouse Project Contract Amendment
# 3 - Materials Testing E Threshold Inspection
( memorandum dated May 5, 1994 )
G. Release of Utility Liens
( memoranda dated May 5, & May 6, 1994 )
H. Parks and Recreation Committee
( memorandum dated May 3, 1994 )
I. Agreement: I.R.C. 6 Bryan K. Chesser and
Michele Garone Chesser - Temp. Water Service
( memorandum dated May 6, 1994 )
B. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
.9:05 a. m. 9. PUBLIC ITEMS
A-. PUBLIC DISCUSSION ITEMS
Fourth (4th) Street Murphy Act Problems
(no backup provided)
B. PUBLIC HEARINGS
1. David Feldman's Request for PD Special
Exception Use Approval for a 39 Lot
Single Family Planned Development to be
Known as Lago Rey
(memorandum dated May 9, 1994)
2. Optional Sales Tax - Second Five Years
( memorandum dated May 10, •1994 )
10. COUNTY ADMINISTRATOR'S.MATTERS'
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request for Authorization to Submit Transpor-
tation Enhancement Project Applications
( memorandum dated May 11, 1994 )
B. EMERGENCY SERVICES
None
C. GENERAL -SERVICES
1. New Courthouse - Harshbarger Properties
(memorandum dated May 10, 1994)
6
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES (cont'd):
2. Surplus Real Property
( memorandum dated May 4, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
_ None
F. PERSONNEL
None
G. PUBLIC WORKS
1.
58th Ave. R -O -W Acquisition Parcel #105,
Robert & Sandra Bagaley
(memorandum dated May 9, 1994)
2.
I.R. Blvd. Ph. III, DER Permit #311423739
Permit Modification E Long Term Agreement
( memorandum dated May 9, 1994 )
3.
SR AIA Widening and Drainage Improvements
(memorandum- dated May 10, 1994 )
4.
Frontage Road = Northeast Corner of I.R.
Blvd. & Royal Palm Blvd.
( memorandum dated May 10, 1994) -
5.
Selection of Consultant for .Relocation of
CR507 in the City of Felismere - Request
for Services
(memorandum dated May 6, 1994 )
H. UTILITIES
1.
Petition Water Service in Club Grove Est.,
35th Crt. , North - off 5th St, SW) -
Resolution IV - Final Assessment Roll
( memorandum dated May 5, 1994 )
2.
Sunshine Travel Resorts, Inc. Connection
to Water & Wastewater & Calling Letter of
Credit
(memorandum dated May 5, 1994)
3.
Master Plan Consultant's Review of the
Sea Oaks Wastewater Treatment Plant Con-
struction Options
( memorandum dated May 6, 1994 )
4.
No. County R.O Plant Ph. I- - Final Pay
Request E Change Order No. 1
( memorandum dated May 3, 1994) -
12. COUNTY ATTORNEY
None
M AS 1 k 9 9 ,I,
KAY i d
13. COMMISSIONERS ITEMS:
A: CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MRCHT
C. COMMISSIONER FRAN B. ADAMS
Discussion of Vero Lake Estates Fire Dept.
(no backup provided)
D. COMMISSIONER RICHARD N. BIRD
=E. COMMISSIONER CAROLYN K. EGGERT
0
14. SPECIAL DISTRICTS - -
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
Property Appraisals - Property Adjacent to
the Landfill
(continued from meeting of 5/10/94)
( memorandum dated April 22, 1994 )
15. ADJOURNMENT
ANYONE WHO MAY WISH TO _APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD- OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS • WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, May 17, 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, May 17, 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 David Mulford, First Presbyterian Church, gave the
invocation, and Chairman Tippin led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Tippin requested that Item 11.C.2., Surplus Real
Property be moved to 9.A.1., and that 9.A.1., Fourth (4th) Street
Murphy Act problems, be moved to 9.A.2.
Chairman Tippin requested withdrawal of 11.G.3., SR-AlA
Widening and Drainage Improvements.
Chairman Tippin requested addition of 11.A.2., Discussion
regarding larger meeting space for large crowds; 13.A.1., Report on
meeting with Indian River Farms Water Control District; and
13.A.2., Comment from Mr. Kroegel regarding a North County project;
Commissioner Macht requested addition of 13.B., Comment
regarding erroneous reporting of Land Acquisition Advisory
Committee action.
Administrator Chandler requested withdrawal of 14.B., Property
appraisals for property adjacent to the Landfill and cancellation
of Solid Waste Disposal District Meeting.
Commissioner Adams requested addition of 7.J., Permission for
Commissioner Adams to travel to Tallahassee.
t�UU� PA. r406
RoaN. 92 PnE 407
A
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added,
deleted and changed the order of the above items on
the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of April 12, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of April 12, 1994, as
written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of April 19, 1994. There
were none.
ON -MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of April 19, 1994, as
written.
CONSENT AGENDA
Commissioner Adams requested removal of Items F. and H. from
the Consent Agenda for discussion.
A. Reports
The following was received and placed on file in the office of
Clerk to the Board:
Office of the Medical Examiner, District 19, March 1994
Expenditure Report
B. Proclamation Celebrating the 75th Birthday of the City of Vero
Beach
E
P R O C L A M A T I O N
CELEBRATING THE 75TH BIRTHDAY
OF THE CITY OF VERO BEACH
WHEREAS, the City of Vero Beach is celebrating its 75th
Birthday this year; and
WHEREAS, the City of Vero Beach, formerly called the City of
Vero, was incorporated on June 10, 1919; and
WHEREAS, the City intends to have a number of functions to
celebrate its birthday throughout the year; and
WHEREAS, the City encourages all citizens living in Indian
River County to participate in the festivities throughout the
balance of the year and help the City celebrate its 75th
Birthday:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the months of
June, 1994 through December, 1994 be designated as months of
"Ceremonies and Celebration" for the 75th Birthday of the City of
Vero Beach; and
The Board further proclaims that June 10, 1994 be designated
as the 75th Birthday of the City of Vero Beach, and urges all
county residents to support and participate in the celebrations
to be held.
Adopted this 17 day of May,_1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
47� f
John W. ip jth 'Chairman
MAY 17 1994 3
KlnK 92� PacF 408
MAY 17 1994 mo 92 PaGE 409
C. Occupational License Fees Collected During Month of April 1994
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously accepted
the following report from Tax Collector Karl
Zimmermann summarizing Occupational License Taxes
collected during the month of April, 1994
I.1:0. 1 ;: SII IJ„
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: May 5, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $3,323.41 was collected in occupational license
taxes during the month of April, representing the issuance
of 241 licenses.
The Tax Collector's Office has recently completed our annual field
audit. A total of 161 violations were issued. To date, 142 have
beenreso] e"nd 19 are pending.
D. Reuuest from Exchange Club to Place Freedom Shrine in New
Courthouse
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
placement of the Freedom Shrine in the new
courthouse by the Exchange Club of Indian River.
E. Award Bid #4071 - 10th Court S W Water Main _
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated April 28, 1994:
4
-DATE: April 28, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adm' strator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #4071/10th Court, S.W. Water Main
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
April
20, 1994
Advertising Dates:
April
6, 13, 1994
Specifications Mailed to:
Twenty -Four (24) Vendors
Replies:
Four
(4) Vendors
VENDOR
BID TOTAL
CORRECTED TOTAL
Treasure Coast Cont.
$22,820.20
$22,811.20
Vero Beach, FL
Timothy Rose Cont.
$23,056.00
Vero Beach, FL
Driveways, Inc
$26,117.40
$25,-2.Y7.40
Titusville, FL
G.E. French Construction
$39,080.00
Okeechobee, FL
_.
TOTAL AMOUNT OF BID
$22,811.20
SOURCE OF FUNDS Utilities General Impact Fees
ESTIMATED BUDGET
$26,990.00
RECOMMENDATION
Staff recommends the bid be awarded to Treasure Coast
Contracting 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 requirements are met and approved by
the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid #4071 for 10th Court S.W. Water Main to Treasure
Coast Contracting in the amount of $22,811.20, and
authorized the Chairman to execute the agreement, as
recommended by staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
MAY 5 ai)Clti 9:
Fr- -1
FOR 9? F -A E.4��
MAY �. �9�4
F. I.R.C. Courthouse Project Contract Amendment #3 - Materials
Testing and Threshold Inspection
The Board reviewed memo from General Services Director Sonny
Dean dated May 5, 1994:
DATE: MAY 5, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
CONTRACT AMENDMENT NUMBER 3 - MATERIALS
TESTING AND THRESHOLD INSPECTION
BACKGROUND:.
- The extended length of time the contractor, James
A. Cummings has
taken to construct the new courthouse has caused an increase in
Materials Testing and Threshold Inspection services
provided through
Centex Rooney Construction, Company. The increased
cost is estimated
to be an additional $19,000.
This cost will be assessed against the contractor, and collected when
the job is,completed and the Liquidated Damages are resolved.
RECOMMENDATIONS:
Staff recommends the Board approve Change Order Number 3 to Centex
Rooney's contract at -a price not to exceed $19,000 and authorize
the chairman to execute the applicable documents.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order Number _3 to the contract. with Centex _
Rooney in the amount of $19,000, as recommended by
staff.
CHANGE ORDER NUMBER 3 WILL BE PLACED ON FILE
IN THE OFFICE OF CLERK TO THE BOARD WHEN RECEIVED
G.- Release of Utility Liens
The Board reviewed memos from Lea R. - Keller, -CLA, dated May 5
and May 6, 1994:
C^
TO: BOARD OF nCOUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
_ DATE: May 5, 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:
North County Sewer Project:
Unincorporated Area:
EAMES (2 ) • BELANGER
MCMANUS FISCHER
VERO/SEBASTIAN US 1 PARTNERSHIP
MacLEAN NELSON
Incorporated Area:
BURNS/FLOOD PREUSS/SPADARO
SMITH -ADAMSON
FISCHER NASH, JR.
SEBASTIAN INLET MARINA
TO: BOARD OF COUNTY COMMISSIONERS
_ � ( *!k�
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: May 6, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1. Phase II Water Project:
ABALDO
ARCHONTOU
BAKER
BETHEL (4)
BURILLO
CAIMI
CALABRESE/PENTZ
CORDEIRO
D'AMORE
ENSMINGER
ESPOSITO
FED HOME LOAN
HERZOG
HIERS
JENNINGS
JOYCE
JUSTICE
KALISH (2)
KAMUDA
LAVARRA/RANDISE
LEAL
MARTIN
MOSCATELLO
MOSS
MURRAY
NORTHUP
PACKER
RAPP
SCHIAVONE/BRACKETT/SMITH/SMITH/WOJTASZEK
SMITH/BRACKETT/SMITH/SMITH/WOJTASZEK
SMITH/WOODIN
STRUMAS/STRUMAS/SHACKLETT
TESTA
TRADBURKS
UNRUE
ZANCA
7
a
19 Moo 92 PnF.412
PUCK 92 piGF 413.
MAY 1 1990i
TO: Board of County Commissioners
FROM: Sandy Wright, County Attorney's Office
DATE: May 6, 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. Satisfaction of Impact Fees
STRUMAS
BOSTIC
KALISH/PAULEN
2. Phase I Water Project
HAZEL
3. Phase III Water Project
PHELPS
MILLINAX (2)
HOLMAN (2)
CUNNINGHAM
4. Meadows Project
LEWIS
5. Flora Lane Water Project
FLETCHER
6. North Beaches A -1-A Water Project
THOMPSON (2)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the lien releases and satisfactions of impact fees,
as recommended by staff.
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE*PUBLIC RECORDS OF INDIAN RIVER COUNTY
8
H. Parks and Recreation -Committee
The Board reviewed memo from County Attorney Charles Vitunac
dated May 3, 1994:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 3, 1994
RE: Parks and Recreation Committee
The attached resolution would replace the 1981 resolution which created
the Parks and Recreation Committee. This replacement is needed to make
the resolution consistent with the present membership of the committee.
Requested Action: Board approve the attached resolution and authorize
the Chairman to sign it.
Commissioner Adams noted that the list of representatives to
the committee included representatives from two municipalities, and
she was concerned that we are missing representation from the other
areas of the county.'
Commissioner Bird pointed out that the rationale was to limit
it to a workable number of members.
Discussion ensued, and the Board members agreed to add two
additional members to the Parks and Recreation Committee: one from
the unincorporated area north of State Road 60 and one from the
unincorporated area south of State Road 60.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-64, reconstituting the Indian River
County Parks and Recreation Committee, repealing
Resolution No. 81-19.
MAY 17 1994 9
MOF 92 415
5/18/94(reso\parks)VOk
MAY 17 1994
RESOLUTION NO. 94- 64
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, F""'.1IDA, RECONSTITUTING THE
INDIAN RIVER COUNTY PAR:.- AND RECREATION COMMITTEE,
REPEALING RESOLUTION NO. 81-19.
WHEREAS, the original resolution establishing the Indian River County
Parks and Recreation Committee was adopted in 1981; and
WHEREAS, there have been changes during this time which require amend-
ment to the original resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that Resolution No. 81-19 is hereby repealed
and replaced as follows:
Section 1. Creation and Purpose: The Indian River County Parks and
Recreation Committee is hereby formed to develop improved recreational
facilities and promote cooperation and coordination among the various County
agencies.
Section 2. Organizational Structure:
A. The Committee shall consist of nine members who shall be
residents•of Indian River County, with one member to be appointed by each of
the following:
Board of County Commissioners -
Vero Beach City Council
Sebastian City Council
Fellsmere City Council
Indian River Shores Town Council
School Board of Indian River County
Gifford Community (to be appointed
by the County Commission)
Unincorporated area north of State Road 60
(to be appointed by County Commission)
Unincorporated area south of State Road 60
(to be appointed by County Commission)
B. The County Commission representative shall serve as chairperson
of the Committee.
C. Members shall serve at the pleasure of the appointing
authority.
D. Chapter 103 of the Indian River County Code shall, to the
extent not inconsistent with specific provisions herein, apply to this
Committee.
E. Meetings shall be held at the call of the Committee
chairperson. --
Section 3. Responsibilities: It shall be the responsibility of the
Committee to:
A. Study existing facilities and programs;
10
RESOLUTION NO. 94-64
B. Develop she -range and :-range plans for better use of
existing and future facilities and programa, ar:•." Lo study acquisition of
additional lands;
C. Help promote and develop cooperation and coordination among the
County government, municipal governments, and the Indian River County School
Board;
D. Conduct public hearings to generate citizens ideas and interest
in recreation;
E. Help develop a master plan for county -wide recreation;
F. Develop' a plan for allocation for funding among the various
municipalities and the County and provide alternative plans for funding as
appropriate;
G. Review the present use of.School Board properties and recommend
areas of improvement and methods to increase use; and
H. Encourage those organizations and governmental entities which
have historically helped themselves.
Section 4. Repeal of Conflicting Resolutions: All Resolutions in
conflict with this resolution, and, particularly, Resolution No. 81-19, are
hereby repealed.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Macht , and., upon being put to a
vote, the vote was as follows:
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 Maw-, 1994.
At est:
Jeff Ba ton Clerk
MAY 1 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA-,
By i�
/John W. Tipp
Chairman
11
Indian Rne Gn
Approved Daie
Admin
Legal
j2- ?7
ly-2(,
Budget
Dept.
Risk Mgr.
e
POCK 9 `-A 416
r- -1
ROCK 92 PAGE41/
I. Agreement with Bryan K Chesser and Michele Garone Chesser for
Temporary Water Service
The Board reviewed memo from Utility Services Director Terry
Pinto dated May 6, 1994:
DATE: MAY 6, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL ER CES
PREPARED AND JAMES D. CHAS I
AND MANAGER OF MENT PROJECTS
STAFFED BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND BRYAN KARL CHESSER
AND MICHELE GARONE CHESSER
TEMPORARY WATER SERVICE
BACKGROUND . -
The Chesser family has requested that temporary service be installed
from the water line on 56th Avenue to service the property at 3705
56th Avenue, Vero Beach, Florida, prior to the installation of a
water main on 56th Avenue.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
the Chesser family until such time that a water line is constructed
on 56th Avenue by assessment. They agree to pay all fees required
to make this connection. They further agree to participate in the
assessment and reconnect to this water line as required by IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached agreement with the Chesser
family on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by _
Commissioner Adams, the Board unanimously approved
the agreement with Bryan Karl Chesser and Michele
Garone Chesser for temporary water service, as
recommended by staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
12
� � r
J. Authorization of Out=of-County Travel for Commissioner Adams
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
out -of -county travel for Commissioner Adams on May
18, 1994.
SURPLUS REAL PROPERTY
Moved from 11.C.2.
The Board reviewed memo from General Services Director Sonny
Dean dated May 4, 1994:
DATE: MAY 41 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: SURPLUS REAL PROPERTY
BACKGROUND:
As approved by the Board on March 8, 1994, the following two parcels
of property were advertised for sale:
1. Parcel Number 27323900000100000049.0, located on North West
corner 43rd Street and 33rd Avenue 60' x 881, approximately .12
acre. Assessed value is $10,250.
2. Parcel Number 01333800010000000016.0, Lot 16, Westlake Estates,
156.04' x 293.251. Assessed value is $21,220. (Less 55' on the
East side).
Invitations were sent to thirty prospective bidders along with
advertisement in the newspaper and no bids were received.
Since that time, Triumph The Church And Kingdom Of God In Christ has
expressed an interest in purchasing parcel number 1, on 43rd Street
and 33rd Avenue for a price of $4,000. This is less than the minimum
bid of $10,260 which was based on the assessed value and asked for on
the bid documents.
Staff is proposing the following alternatives:
1. Sell the property to the Church at the proposed price of $4,000.
2. Authorize staff to negotiate a price somewhere between $4,000
and the assessed value of $10,250.
3. Offer to sell the property at nothing less than the assessed
value of $10,260.
Staff requests direction from the Board as to which alternative
should be pursued.
HAY13
418
FLT92 G�'�GE 419
MAY oV94
Commissioner Eggert preferred to see that parcel cared for and
was sure a church would do so.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
sale of Parcel Number 27323900000100000049.0,
located on the northwest corner of 43rd Street and
33rd Avenue, 601 x 881, approximately .12 acre at a
price of $4,000.
COUNTY DEED
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
FOURTH (4TH) STREET MURPHY ACT PROBLEMS
County Administrator Chandler recounted the discussion
regarding the 4th Street Murphy Act problems at the March 8 BCC
meeting. At that time the Board directed staff to confer with
Attorney Sherman Smith, Jr., and his clients and attempt to resolve
the issues. Since that time Public Works staff surveyed and staked
the potential rights-of-way or easements and the potential edge of
pavement on 4th Street. The survey stakes show that there are nine
structures within the right-of-way.
Public Works Director Jim Davis explained that there are 19
homes constructed in Pine Tree Park Subdivision. Some of them have
20 foot setbacks while others have 40 foot setbacks. Director
Davis suggested that easements could be negotiated with individual
owners to provide some added area along that corridor for future
road needs.
Attorney Sherman, Smith, Jr., representing the property owners
through the title insurance company, contended that the property
owners did everything that reasonable people are expected to do
when they buy a piece of property. An error was made by the
Trustees of the Internal Improvement Fund in the 1950s, and there
is a principle of law that if somebody creates a mistake and
another person acts on it. to their detriment, the party that
created the mistake must suffer the consequences. Mr. Smith stated
that if the County would release the claim for the road right-of-
way, he could advise his clients to drop the pending lawsuit. He
explained that he has arranged a meeting with his clients in the
County Administration Building immediately after this meeting, at
which time he plans to explain to them the mechanics of how to
conclude this difficult problem.
14
Chairman Tippin agreed that it is a difficult problem. He
visited the area, saw the survey stakes and noted that some homes
have a real problem. Chairman Tippin proposed that we take the
steps necessary to adjust our thoroughfare plan to keep 4th Street
as it is and not as a collector road with all the right-of-way and
easement requirements.
Commissioner Bird pointed out that by adjusting 4th Street on
our thoroughfare plan we will not completely close the door for
future road improvement, but it would clear the titles on the
properties. If there is a demand in the future to build a
collector road, the County has the ability to buy and/or condemn
properties and compensate the property owners at that time.
Discussion ensued regarding the Murphy Act reservation, title
insurance coverage, liability, and alternative compromises.
Director Davis explained the right-of-way requirements for
road paving and was sure we can resolve the issues in a manner that
will not be a detriment to the properties by negotiating on a case-
by-case basis. He did not want to delete 4th Street as a collector
road. He preferred that we insert a special note with regard to
4th Street right-of-way rather than changing the thoroughfare plan,
because the right-of-way could be created by culverting the canal.
Further discussion ensued regarding the prevalence of parcels
in the county which are affected by the Murphy Act reservation, and
Assistant County Attorney Terry O'Brien .explained that it would
take a lot of research to determine all the parcels because
documentation on that subject is not found in one volume.
Attorney Smith contended that the County is not giving up
anything and should not think it is giving something to the
property owners. The rights-of-way are shown on the plats of the
Pine Tree Park Subdivision. If the County claims any further
right-of-way, it is a claim by virtue of the deeds from the
Trustees of Internal Improvement Fund, in which there was error,
and the County must take responsibility for that error. Mr. Smith
suggested that if the Board agrees to abandon the claim for any
right-of-way, he would advise his clients to abandon their claim
for damages, and that would settle the lawsuit.
Commissioner Bird concluded that if the County makes no claim
on right-of-way, that will clear the titles. If we need the right-
of-way at some future time, we could make an offer to buy or
condemn or whatever.
Attorney Vitunac advised that we have a cause of action which
we may win or not, and the Board has the right to settle the
lawsuit by giving up all claim to that right-of-way.
MAY 17 IN34 15
POR 92 pni 490
moo 92 PAGE 421
GRAY 17, 19 5- 4
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously agreed to
abandon any right, title or interest on 4th Street
right-of-way that it may claim under the Murphy Act
reservation.
Attorney Smith announced that he would meet with his clients
and invited Attorney O'Brien to join them.
Later in the meeting Attorney O'Brien reported that he met
with all parties to the lawsuit and they agreed to a settlement
whereby the County would give up any claim to rights-of-way and
they will withdraw their claim for damages.
DAVID FELDMAN'S REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION
USE APPROVAL FOR A 39 -LOT SINGLE FAMILY PLANNED DEVELOPMENT TO BE
KNOWN AS LAGO REY
Community Development Director Bob Keating related that the _
applicant's agent asked for a postponement to a time certain, June
7, 1994.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously continued
the public hearing to June 7, 1994, to consider Mr.
Feldman's request for Planned Development special
exception use approval.
OPTIONAL SALES TAX - SECOND FIVE YEARS
Administrator Chandler made the following presentation:
16
TO: Members of the Board
of County Commissioners
DATE: May 10, 1994
SUBJECT: PUBLIC HEARING ON OPTIONAL
SALES TAX - SECOND FIVE YEARS
FROM: James E. Chandler Joseph Baird
County Administrator OMB Director
Background Information
Chapter 87-239 Laws of Florida initiated the "Local Government Infrastructure Commitment
Act", which allowed counties to levy, for a period of up to fifteen years, a one cent tax on
all transactions subject to taxation under Chapter 212.054 of the Florida statutes. In order
to enact the surtax, an ordinance must be passed by the majority of the members of the
Board of County Commissioners and then approved by a majority of votes in a referendum
or passed by governing bodies of municipalities, representing a majority of the County's
population, and approved by a majority of voters in a referendum.
The Optional Sales Tax revenues are distributed to Indian River County and to the Cities
within the County based on the same formula provided for under Chapter 218.62 Florida
Statutes. This means Indian River County and the municipalities (Vero Beach, Sebastian,
Indian River Shores, Town of Orchid and Fellsmere) shall receive a proportion of monies
earmarked for distribution within the County. The proportion each municipal government
receives is computed by dividing the population of that municipality by the sum of the total
County population plus two-thirds of the incorporated areas' population. The county's
portion is computed by dividing the sum of the unincorporated area's population plus two-
thirds of the incorporated area population by the sum of the total County population plus
two-thirds of the incorporated areas' population. According to the information provided by
the State, in the 1993/94 year the revenue breakdown will be as follows:
Indian River County
*$5,637,867
Vero Beach
1,190,265
Sebastian
789,439
Indian River Shores
161,450
FeUsmere
155,513
Town of Orchid
1,160
TOTAL
$7,935,694
*We budget 95% of the estimated amount
Proceeds of the surtax may be expended on infrastructure as defined in the bill as "any
fixed capital expenditure or fixed capital costs associated with the construction,
reconstruction or improvement of public facilities which have a life expectancy of 5 or
more years and any land acquisition, land improvement, design and engineering costs
related thereto."
MAY 1-7,-.1994 17
�(;(4 92-0 FacF422
?000 92 pnF 423
MAY 17 1994
Analysis
In the late 1980's Indian River County found itself in an infrastructure dilemma when
developing its Comprehensive Land Use Plan. Based on the capital improvement
element at that time, the County had over $400 million of infrastructure improvements
over the next twenty years and was seeking adequate revenue sources to meet the levels
of service set -forth. A review was begun of additional revenue alternatives available to
fund future infrastructure needs.
After studying the alternatives, Indian River County found the Optional Sales Tax
appealing for the following reasons:
1. FAIR ALTERNATIVE - ALL USERS CONTRIBUTE - Everyone pays,
including tourists and non-residents; not just the property owners of Indian
River County. The roads and other infrastructure within the County are built
for peak demand. Tourists and non-residents use the County's roads, parks,
and facilities. Optional Sales Tax does not hit just one specific group of people,
unlike user or impact fees.
2. DOLLARS GENERATED - There were no other revenue sources, besides ad
valorem taxes, that could generate approximately $7 million a year in revenues.
3. INCLUDED EXEMPTIONS - Sales tax is exempted on purchases of medicine
and food.
4. CITIES AND COUNTY SHARE - The sales tax is not just received by the
County. The Cities get a proportionate share to help them in their
infrastructure needs.
5. PAY AS YOU GO - It gave Indian River County the ability to pay for capital
improvements with existing available funds, possibly augmented by short-term
borrowings. This would eliminate the need for ten or forty year debt for these
type projects and would substantially reduce overall cost of capital
improvements by not having to pay huge financing costs (interest) over a long
period of time.
6. USED FOR NEEDED CAPITAL PROJECTS -Money could be used for jails,
roads, parks and health facilities which would have to be built regardless if an
optional sales tax was in place or not. This would place a burden on other
resources (i.e., ad valorem taxes).
7. MONEY CANNOT BE USED FOR OPERATING EXPENSES
8. LIMITED TIME PERIOD - It would be in affect for a maximum of fifteen
years.
9. LIKELIHOOD OF STATE GIVING COUNTIES AND CITIES OTHER
ALTERNATIVE REVENUE SOURCES - The state is in the same posiiion
as the County. It cannot keep up with capital improvements and is looking for
ways to pay for its infrastructure. In fact, the State mandates more programs
to the County every day without a revenue stream that will adequately support
them.
FV1
10. MINIMIZE ROAD IMPACT FEE INCREASES - In 1988 the County had
estimated a shortfall of $60 million dollars to purchase right-of-way and
construct roads over the next twenty years. This cost is figured in the
calculation of road impact fees adding to the cost of construction within the
County.
11. OPTIONAL SALES TAX CHARGED UP TO CAP OF $5.000.00 IN
PURCHASES (PER TRANSACTION) - (A maximum optional additional sales
tax paid on each item purchased of $50.00.)
Conclusion
The Indian River County Board of County Commissioners, on January 31, 1989 passed
ordinance 89-6 calling for a county -wide referendum on the levy of the one cent sales tax
to be held on Tuesday, March 14, 1989. - Shortly thereafter the Optional Sales Tax was
endorsed by every City within Indian River County. The Chamber of Commerce, Taxpayers
Association, Civic Association, Gifford Progressive League, Board of Realtors, Association
of General Contractors and the Treasure Coast Home Builders Association all endorsed the
Optional Sales Tax at thattime. The voters passed the Optional Sales Tax to go into effect
June 1, 1989. (60.3% voted for the tax and 39.7% voted against the tax.)
When promoting the Optional Sales Tax, the Indian River County -Board of County
Commissioners put additional constraints on the use of the sales tax by promising that
proceeds would be used only for essential capital projects that the County would have used
tax dollars to complete (i.e. ad valorem, gas tax). It was also emphasized that in the future
a good portion of Optional Sales Tax would go towards the purchase of right-of-way and
roads to help offset the deficit in the Comprehensive Plan. An additional commitment was
made to have a list of projects approved in five year intervals by the Board of County
Commissioners in a public hearing. The projects for the first five years were the Jail (Phase
III), Health Department Building and Courthouse. All projects have been completed with
the exception of the Courthouse scheduled to be finished in the summer of 1994.
The planning of the second five year list of projects has been initiated. The Budget Office
requested a list of major projects from each department with the projected estimated cost,
the year it will be needed, beginning construction date, length of construction time and
estimated annual operating costs for five years after project completion.
As expected, more projects were submitted than there was money available in the second
five years. The Board of County Commissioners has reviewed the requests and has
recommended projects that were felt to be consistent with the original plan. During the
review process, a significant emphasis was placed on the projects' affect on the County's
operating budget.
Attached is a list of the projects the Board of County Commissioners is considering funding
from Optional Sales Tax for the second five years.
MAY 17 1994 19 "
FOc4 92 424
1
1
RECOMMENDED OPTIONAL SALES TAX PROGRAM FOR SECOND FIVE YEAR
(JUNE 1,1994 TO SEPTEMBER 30,1999)
p
Q `%d
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Vernon Slavens, 821 Jamaica Avenue, Sebastian, representative
of the North County Pool and Recreation Complex Board, distributed
copies of a report entitled "Results of North County Community
Needs Survey" to the Board members. He explained that his 700 -
member group is- actively working to get a community pool and
recreational complex in the north county area. They found four
possible locations and have contacted the YMCA for management of
the pool after it is constructed.
Commissioner Eggert asked whether this project was presented
to the Parks and Recreation Committee.
Commissioner Bird responded that Mr. Slavens' group has not
submitted the proposal to the Parks and Recreation Committee. He
advised that funds are earmarked for a north county recreation
complex but Mr. Slavens' proposal is not included.
Administrator Chandler confirmed that half a million -dollars
was earmarked specifically for north county, but we have not
progressed to -a point of specific location or specific facilities.
Discussion ensued regarding the survey of north county
residents, and the Board members agreed that Mr. Slavens should
develop his plan and present it to the Parks and Recreation
Committee.
Commissioner Adams pointed out that this is an indication of
the growing need for a community recreation complex in the north
county and was delighted that the citizens are getting things
rolling.
Curtis Raywood, north county resident, confirmed the need for
a pool and recreational facility in the north county and felt it
would be a plus to the community.
Lane Rroegel, fund raising chairman for the concerned citizens
of north county, confirmed the need for a community pool and urged
the Board to put it through.
Commissioner Eggert reminded everyone that there are wonderful
programs for children in the North County Library.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
MAY 7i 1994 21
aooK 92 P!I �E 42,6
MAY 17 1994
no92 F -mu- 4V
Discussion ensued regarding the proposed 5 -year plan and OMB
Director Joe Baird cautioned the Board that the first year will be
particularly tight. He reommended the Board evaluate the plan
annually.
Chairman Tippin foresaw several years of austerity in the
county and was concerned about the lower tax revenues derived from
the citrus groves due to lower value of groves, as well as the
generally poor condition of the citrus industry. He did not want
to commit funds for more than a couple of years, from this source
or any other revenue source.
Administrator Chandler agreed and pointed out that the Board
has the ability to review and make changes annually.
Commissioner Eggert pointed out that the Commission promised
the public a second 5 -year plan._
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, to approve the Recommended
Optional Sales Tax Program for Second Five Year
(June 1, 1994 to September 30, 1999), as
distributed, with the understanding that we can
review it annually.
Commissioner Macht favored consideration of a replacement for
the County Administration Building, and inclusion of some capital
items which were planned for the library but were not included
because -of fund limitations.
Commissioner Bird preferred to make suggestions for other
projects at the annual review.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
REQUEST FOR AUTHORIZATION TO SUBMIT TRANSPORTATION ENHANCEMENT
PROJECT APPLICATIONS
The Board reviewed memo from Community Development Director
Bob Keating dated May 11, 1994:
22
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP
Community Development Director
DATE: May 11, 1994
SUBJECT:. REQUEST FOR AUTHORIZATION TO
SUBMIT TRANSPORTATION ENHANC;
PROJECT APPLICATIONS
It is requested that the data herein. presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of May 17, 1994.
DESCRIPTION & CONDITIONS:
When the federal Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA) was enacted, that law mandated that 10� of all
Surface Transportation Program --(STP) funds allocated under the_-,
provisions of the ACT be available for transportation enhancements.
These funds are distributed through FDOT. In FDOT District 4
(Indian River, St. Lucie, Martin, Palm Beach, and Broward
Counties) , it is anticipated that $4 - 5 million a year will be
available for enhancement activities.
In areas with MPO's, all enhancement project applications must be
submitted by the MPO. Applicants, however, may be local
governments, state agencies, state or national interest groups, or
local interest groups. Each applicant must have a project sponsor.
The project sponsor must be a local, state, or federal -agency which
will provide the required funding match and undertake necessary
actions to implement the proposed project. the project applicant
and project sponsor may be the same.
This is the second year that enhancement funds are available. Last
year, the MPO submitted eight enhancement project applications;
Indian River County was the applicant. for seven, while the City of
Sebastian was applicant for the other. Two of the eight (the
Jungle Trail Project and the Sebastian Riverfront Project) were
approved for funding (put on FDOT's 5 year plan) and will be
implemented/ constructed in the next few years. The six County
projects not funded last year were all pedestrian/bicycle projects.
Staff proposes to resubmit these six.
The six proposed enhancement projects are:
• Causeway Connector
• North County Recreation Route
• Gifford Commercial/Medical Connector
• County Cyclists Loop
• Vero Beach/Glendale Connector
• South County Recreation Network
A copy of the completed application form (without attachments) for
each of the six proposed projects is appended to this agenda item.
MAY 1994 23
9 9
BOOK ZI F'�GE 1
MAY J7,1994
ANALYSIS:
Since last year, FDOT has revised enhancement submittal criteria.
Some of the changes are: expanded application form, requirement
that all projects have a project sponsor certification, and that
the required 10% match be in cash, not in-kind services.
Like last year, approved projects will be included on FDOT's 5 year
work program. Since the next 5 year work program will be for FY
95/96 - 99/00 and because approved projects will probably be
scheduled for the 4th and 5th years (FY 98/99 and 99/00) , it can be
anticipated that, even if approved, the proposed projects would not
be constructed for four years.
By authorizing staff to submit the referenced applications, the
Board would agree to be the sponsor of the projects. As project
sponsor, the Board would be committing to provide the required 10%
funding match. For all six projects, the match amount would total
$396,013.44..
Because of the districtwide competition for enhancement funds, it
is unlikely -that all six projects will be approved for funding by
FDOT. Even if all six projects are funded, there are sufficient
funds programmed for sidewalk/bikeway construction in the second
five year period of the one cent local option. sales tax program to
accommodate the necessary match.
Both the Public Works and Community Development Departments have
coordinated in preparing these enhancement project applications.
Both Departments feel that _the proposed bicycle/pedestrian
improvements are necessary and would benefit the community.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
staff to submit the above referenced transportation enhancement
project applications, agree to be the project sponsor for each
application, and authorize the chairman to execute a project
sponsor certification statement for each application.
ON MOTION by Commissioner
Commissioner Eggert,
the
Bird,
Board
authorized staff to submit the
SECONDED .by
unanimously
transportation
enhancement project applications, agreed to be the
project sponsor for each application, and authorized
_.the Chairman to execute a project sponsor
certification statement for each application.
PARTIALLY EXECUTED COPIES OF APPLICATIONS (6)
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
24
LARGER MEETING PLACE FOR -LARGE CROWDS
Community Development Director Bob Keating reported on the
lack of space at a recent meeting of the Planning & Zoning (P&Z)
Commission. The item of interest was_a site plan consideration
which was controversial and there was a larger crowd in attendance
than was expected. The overflow was accommodated in the First
Floor Conference and with extra chairs in the hall, but the quality
of the speaker_ system was hampered by the large crowd and
background noise, and the public complained. Director Keating
explained that when an application is made for hearing before the
P&Z or the Board, there are time constraints, and staff does not
always know in advance when large crowds will attend in order to
find another larger meeting place. Director Keating further
explained that the site plan application was deemed to be denied by
the P&Z and the developer has indicated that he is going to appeal.
That means the issue will be presented to the Board and staff
needed direction on several points: (1) Whether the Board wishes
to hold a special meeting to hear this applicant; (2) Whether the
meeting be called at a special time, or during a regular Board
meeting; (3) Where the Board would like the meeting -held.
The Board members agreed that consideration of the item
regarding the commercial site plan at the Moorings should be held
during a regular meeting at a larger facility, like the high school
auditorium, and that the remainder of the agenda should be kept as
light as possible.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously directed
staff to make arrangements to hear the matter of the
Moorings commercial site plan at a regular Board
meeting, to be held at a larger facility, and to
limit the remainder of the agenda for that meeting.
NEW COURTHOUSE - HARSHBARGER PROPERTIES
The Board reviewed memo from General Services Director Sonny
Dean dated May 10, 1994:
MAY 17, 1994 25
mo 92 PAu4.30
FUCK 92 F 431
MAY i7l 1994
DATE: MAY 10, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: NEW COURTHOUSE - HARSHBARGER PROPERTIES
BACKGROUND:
In January of this year, the Board instructed staff to check with the
owner on a regular basis in an effort to negotiate the purchase of
the remaining two parcels of property located on the southeast
corner of the new parking garage block. The owners being Mary Anita,
James W. and William Harshbarger.
The appraisal was up -dated at a high of $211,500 in February of 1992.
James Harshbarger has been asking $390,000 for the two lots since
1990. This.selling.price was reaffirmed in March of this year, when
an attempt was made to buy the property again.
On May 5, 1994, Mr. Harshbarger was again approached and an offer of
$232,650 was made for purchase of the two lots. This price is 10%
above the high appraisal. He refused the offer and countered with a
selling price of $265,000 plus a lot to move the house on, which is
presently located on one of the parcels we are attempting to
purchase. This lot could be a parcel presently owned by the County
anywhere within the Vero Beach -area.
RECOMMENDATIONS:
Staff feels this price is not within the parameters that has been
used to purchase all the other property and does not recommend
accepting the offer.
Commissioner Macht advised that the urgency for purchase of
this property comes from the Courthouse Advisory Committee. The
19th Judicial Circuit is anxious to acquire this property because
it completes the campus and allows for future expansion. He
further commented that he does not advocate purchasing the property
but felt staff should get more details.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously declined
the offer and directed staff to cease negotiations
on the Harshbarger Property,
staf f .
26
as recommended by
SURPLUS REAL PROPERTY
Moved to 9.A.1.
58TH AVENUE RIGHT-OF-WAY ACQUISITION PARCEL #105, ROBERT AND SANDRA
BAGALEY
The Board reviewed memo from County Right -of -Way Agent Don
Finney dated May 9, 1994:
TO: James E. Chandler,
County Administrator C-0�
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Donald G. Finney, SRA1T)e-- —
Right -of -Way Agent
SUBJECT: 58th Avenue Right -of -Way Acquisition Parcel #105,
Robert and Sandra Bagaley
DATE: May 9, 1994 FILE: 58.A=
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the
additional traffic lanes from Route 60 to Oslo Road.
The property owner has executed a contract at the appraised value
of $15,600 per acre for the A-1 Zoned land and at the estimated
value of $5,500 for the ornamental and shade trees which will have
to be removed.
56' x 562.66' (.72 Acre) Citrus Grove Land $11,232
One Live Oak 1,000
Four 12" Unindigenous Red Cedars @ $11000/Ea. 4,000
One 7" Weeping Willow 155
FOB Shipping and Handling 345
. Total Contract $16,732
RECOMMENDATIONS AND FUNDING
Staff requests the Board of County Commissioners approve the
contract and authorize the Chairman to execute the contract.
Funding to be from District 8 Traffic Impact Fees # 101-158-541-
067.48 with reimbursement from the Local Option Sales Tax Revenue.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously approved
the Contract for Sale and Purchase with Robert and
Sandra Bagaley for property and trees in the amount
of $16,732, as recommended by staff.
CONTRACT FOR SALE AND PURCHASE
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
MAY 17 1994 27 •
a00N 9? Far,E 432
MV 17 j,
moi 9.? ru,,F 433
INDIAN RIVER BOULEVARD, PHASE III, DEPARTMENT OF ENVIRONMENTAL
RESOURCES PERMIT #311423739, PERMIT MODIFICATION AND LONG TERM
AGREEMENT
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated May 9, 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.V6�
Capital Projects Manager
SUBJECT: Indian River Boulevard Phase III, DER Permit
No. 311423739 Permit Modification and Long
Term Agreement
DATE: May 9, 1994 FILE: IRBIIIPE.AGN
DESCRIPTION -AND CONDITIONS
Indian River County requested a modification to referenced permit
to allow for a one year time extension for impoundment flooding in
the south impoundment cell due to construction of the FDOT Merrill
Barber Bridge Replacement. The time extension has been approved by
the Department of Environmental- Protection (DEP) with the addition
of two permit conditions.
Attached is a copy of the permit 'modification and a long-term
agreement that ensures that the management plan shall be practiced
for a minimum of five consecutive years.
RECOMMENDATIONS AND FUNDING
Staff recommends that the County execute the attached long term
agreement with the DEP. Funding is from 309-214-541-066.51, Indian
River Boulevard, Phase III.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
and authorized the Chairman to execute the DER
Permit Modification and Long Term Agreement, as
recommended by staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SR-AlA WIDENING AND DRAINAGE IMPROVEMENTS
Withdrawn.
28
CONSTRUCTION OF FRONTAGE -ROAD - NORTHEAST CORNER OF INDIAN RIVER
BOULEVARD AND ROYAL PALM BOULEVARD
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated May 10, 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Frontage Road -Northeast Corner of Indian River Boulevard
and Royal Palm Boulevard
DATE: May 10, 1994 FILE: FRONTAGE.agn
DESCRIPTION AND CONDITIONS
At the request of the Vista Harbor Property Owner's Association,
the County proposes to construct an exit road on the northeast
corner of Indian giver Boulevard and Royal Palm Boulevard. The
exit road will allow the residents and businesses on the east side
of the Boulevard to exit on Royal Palm Boulevard and utilize the
signalized intersection instead of turning left onto -the Boulevard.
The attached agreement with Carter Associates, Inc. provides for
survey, design, permitting and preparation of construction drawings
for the proposed exit road at a cost of $4,750.
Carter and Associates is currently providing engineering services
for the Florida Eye Institute Addition that is under construction
at the northeast corner of Indian River Boulevard and Royal Palm
Boulevard. Staff feels that Carter and Associates can best perform
the proposed work because of the survey data and drawings they have
of the project site.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Approve the attached Agreement between Carter and
Associates, Inc. and Indian River County in the amount of
$4,750.
Alternative No. 2
Issue a request for proposal and select a firm to perform
the services in accordance with CCNA. This alternative
will delay project implementation and may result in a
higher cost.
MAY 01 1994 29 aoo� 92 F.AuF 434
MAY 17 1994 eooK 92 FAE 4:35
RECOMMENDATIONS AND FUNDING
It is recommended that Alternative No. 1 be accepted, whereby the
attached Agreement is approved. Funding is from Account 309-214-
541-066.51.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
the Agreement with Carter and Associates, Inc., in
the amount of $4,750 for survey, design, permitting
and preparation of construction drawings for the
proposed exit road, as recommended in staff's
Alternative No. 1.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
SELECTION OF CONSULTANT FOR RELOCATION OF CR -507 IN THE CITY OF
FELLSMERE - REQUEST FOR SERVICES
The Board reviewed memo from County Engineer Roger Cain dated
May 6, 1994:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: Selection of Consultant for Relocation of CR507 in the
City of Fellsmere - Request for Services
DATE: May 6, 1994 0
DESCRIPTION AND CONDITIONS
A request for proposal to relocate CR507 in the City of Fellsmere
was made by the Public Works Department. We received responses
from the firms of:
1. Carter Associates, Inc.
2. Keith & Schnars
3. Post, Buckley, Schuh & Jernigan, Inc.
4. H.F. Lenz Company
5. 'Knight, McGuire and Associates, Inc.
6. Barker, Osha & Anderson, Inc.
7. Masteller & Moler, Inc.
S. Lindahl, Browning, Ferrari & Hellstrom, Inc.
30
A selection committee was established that consisted of Mayor Renee
Herrera from the City of Fellsmere; Mr. Stan Boling, Director of
Current Development of Indian River County; and Mr. Roger D. Cain,
County Engineer, to select and rank the consultants for the Board
of County Commissioners. In accord with Florida Statutes 287.055,
otherwise known at the Consultant Competitive Negotiation Act
(CCNA) , four firms were selected for interviews, one firm H.F. Lenz
withdrew prior to the interviews on account of receiving other
county work. The four firms selected for interviews were: Post,
Buckley; Schuh & Jernigan, Inc., Keith & Schnars, Carter
Associates, Inc., and H.F. Lenz Company.
Interviews were held on April 29, 1994 in the County Administration
Building. As a result of those interviews the committee ranked the
firms in order of qualifications as follows:
1. Post, Buckley, Schuh & Jernigan, Inc.
2. Carter Associates, Inc.
3. Keith & Schnars
As H.F. Lenz withdrewyit is not ranked.
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Approve the ranking of the consultants for the
relocation of CR507 and direct staff to negotiate an agreement for
professional -services for a study -to determine an appropriate route
and other matters affecting the relocation of CR507.
Alternative No. 2 - Reject the ranking as presented by the
selection committee and direct staff to re -rank the firms.
RECOMMENDATION AND FUNDING
Staff recommends Alternative No. 1. Funding from this project to
be under Account No. 101-157-541-067.59.
County Engineer Roger Cain used enlarged maps to demonstrate
the alternative routes under consideration. He explained that
staff has been conferring with and receiving input from
representatives of the City of Fellsmere and with merchants in the
areas that may be affected.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the ranking of the consultants and directed staff to
negotiate an agreement as set out in staff's
Alternative No. 1.
MAY 4 31
1161(4 436
Boa 92 rml4:37
MAY 1 1994
PETITION WATER SERVICE IN CLUB GROVE ESATES 35TH COURT NORTH OFF
5TH STREET SW - RESOLUTION IV AND FINAL ASSESSMENT ROLL
The Board reviewed memo from Utility Services Director Terry
Pinto dated May 5, 1994:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
MAY 5, 1994
JAMES E. CHANDLER
COUNTY ADMINISTRAT
TERRANCE G. PI
DIRECTOR OF UTIH
SERVICES
JAMES D. CHAST C�
MANAGER OF ASS NT PROJECTS
DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN CLUB GROVE ESTATES
35TH COURT, NORTH - OFF 5TH STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -93 -18 -DS
RESOLUTION IV - FINAL ASSESSMENT ROLL
BACKGROUND
On December 7, 1993, the Indian River County Board of County
Commissioners approved Resolution III, No. 93-210, 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 $62,199.35,
which equated to $0.099923 per square foot of property assessed.
The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $46,769.49, which
equates to a cost of $0.075135 per square foot.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve adoption of Resolution IV.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams the Board unanimously adopted
Resolution 94-65, certifying "as -built" costs for
installation of water service in Club Grove Estates
(35th Court, north off 5th
recommended by staff.
32
Street, SW), as
As Built (Final Reso.)
5/S/94(r®..o\nabuiit)Vk/DC.17
RESOLUTION , 'a. 94- 6 5
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF
WATER SERVICE IN CLUB GROVE ESTATES (35TH COURT,
NORTH OFF STH STREET, SW), 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 Club Grove Estates (35th -Court, north off 5th Street, SW) are
necessary to promote the public welfare of the county; and
WHEREAS, on Tuesday, December 7, 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 advis-
ability of making such improvements; and
WHEREAS, after such public hearing was held the County Commission
adopted Resolution No. 93-210, 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. 93-210,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 93-210 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.
Y J71 1994 33 BOOK 92 fAu 438
MAY 17 IJ -94
RESOLUTION NO. 94-65
Box 92 PAGE x.39
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.
93-210 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, va d, and binding first liens against
the property against whish such assessmAnts are made until paid.
S. The- assessments shown on Exhibit "A," attached to Resolution No.
93-210, 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 Mach t ,
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 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 17 day of May , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
`... By
Jo n •W. Tip
Jeffzqy K. Barton, Clerk Chairman
In®an filvs Ca Approved We
Admin.
Attachment: ASSESSMENT ROLL Legal Car•
Budges
Dept.
34 Risk Mgr.
7
SUNSHINE TRAVEL RESORTS, INC., CONNECTION TO WATER AND WASTEWATER
AND CALLING LETTER OF CREDIT
The Board reviewed memo from Utility Services Director Terry
Pinto dated:
DATE: MAY 5, 1994
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
JAMES E. CHANDLER
COUNTY ADMINISTRA'
TERRANCE G.
DIRECTOR OF
HARRY E.
ASSISTANT
OF UTILITY SERVICES
SUNSHINE TRAVEL RESORTS, INC. (SUNSHINE)
CONNECTION TO WATER AND WASTEWATER AND CALLING
OF LETTER OF CREDIT
On May 16, 1984, Indian River County -executed the Franchise Agreement known
as the Sunshine Travel Resorts, Inc. Water and Wastewater System Franchise
(Sunshine). (See copy attached).
Under the agreement, Sunshine was required to escrow impact fees. This
requirement was met by Sunshine by furnishing a Letter of Credit in the
amount of $363,280.00 for 152 ERUs of water and sewer capacity. (See copy
attached).
Section XVI, Item 4, of the agreement states in part, "Should the County at
any time provide a water distribution system and/or wastewater collection
system and furnish water and/or wastewater services to individual customers
within the franchise territory, the sums of money remaining in said account
consisting of plant capacity charges and contributions in aid of
construction charges shall become -the absolute property of the County and
the Utility shall have no rights thereto."
ANALYSIS
The County has extended water and wastewater service to the franchise
territory. Sunshine has granted the required easements for the connection
and both water and wastewater connections have been completed. The County
now needs to call the Letter of Credit for payment of the water and
wastewater impact fees. The documents required, per the Letter of Credit,
are Beneficiary's signed statement as follows: "We hereby certify that
Sunshine Travel Resorts, Inc. (Utility Franchise) has failed to pay impact
fees on the Sunshine Travel Resort RV Park ($2,390/unit) for 152 units."
Along with a draft marked, "Drawn under Barnett Bank of Central Florida,
N.A. Letter of Credit No. 073160 dated 12/05/1988." The draft will be
prepared by the Office of Management and Budget.
RECOMMENDATION
The staff of the Department of Utility Services recommends the Board of
County Commissioners approval for the Chairman to sign the attached letter
meeting the requirements of the Letter of Credit and to be submitted with
the draft requesting the amount of $363,280.00.
� ���� P � 3
MAS 1 5
.; � 9
900K � F'Ar r,44:1
MAY J7 1994
,Am. 92 ur,F 441
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the Chairman to execute the letter meeting the
requirements of the Letter of Credit, as recommended
by staff.
MASTER PLAN CONSULTANT'S REVIEW OF THE SEA OARS WASTEWATER
TREATMENT PLAN CONSTRUCTION OPTIONS
The Board reviewed memo from Utility Services Director Terry
Pinto dated May 6, 1994:
DATE: MAY 6, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI OICES
PREPARED WILLIAM F MICA
- AND STAFFED CAPITAL J S ENGINEER
BY: DEPAR F UTILITY SERVICES
SUBJECT: MASTER CONSULTANT'S REVIEW OF THE SEA OAKS
WASTE, TER TREATMENT PLANT CONSTRUCTION OPTIONS
BACKGROUND
On December 7, 1993 the Indian River County Board of County
Commissioners approved evaluation of options related to construction
of the Sea Oaks wastewater treatment facility. (See attached copy
of agenda item and minutes.) The options considered were as
follows:
1. Construction of the expansion of Sea Oaks to 0.85 million
gallons a day with associated infrastructure. ,.
2. Transmission of the North Beach sewer flows across the Indian
River to the North County Wastewater Treatment Plant.
3. Transmission of the North Beach sewer flows to the City of Vero
Beach.
For details of this evaluation, see the copy of the report prepared
by Brown and Caldwell, which is on file in the Commission office.
ANALYSIS
The Brown and Caldwell report ranks the three options based on a
present worth analysis in table 1 of the report. (see attached) The
option of pumping the North Beach flows to the North County
Wastewater Treatment Plant or option 2 is the preferred option. We
are now before the Board of County Commissioners to request
acceptance of this study as an addendum to the Utilities Master
Plan. By acceptance of this report, we are also requesting
authorization to negotiate a contract with our short-listed
wastewater force main design consultant. -This contract will be for
design and construction of a regional repump lift station on the
beach and all associated conveyance systems to the North County
Wastewater Treatment Plant.
36
RECOPB ENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve and accept the direction and
conclusions of the consultant who prepared the evaluation; and by so
doing modify the existing Master Plan accordingly. We also
recommend approval to begin the design and construction of
option number 2 as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
and accepted the direction and conclusions of the
consultant, and approved the beginning of design and
construction as presented in option number 2 in
staff's memorandum.
NORTH COUNTY REVERSE OSMOSIS PLANT PHASE I - FINAL PAY REQUEST AND
CHANGE ORDER NO. 1
The Board reviewed memo from Utility Services Director Terry
Pinto dated May 3, 1994:
DATE: MAY 31 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIY S ICES
PREPARED WILLIAM F. McCAIN
AND STAFFED CAPITAL PROJEC S EN
BY: DEPARTME ITY SERVICES
SUBJECT: NORTH COUNTY R.O. PLANT PHASE I
FINAL PAY REQUEST AND CHANGE ORDER NO. 1
IRC PROJECT NO. UW -90 -12 -WC
BACKGROUND
In March of 1993, the Indian River County Board of County Commissioners
approved a contract with W.P.C. Industrial Contractors for the
construction of Phase I of the North County R.O. Water Plant. This
contract is now complete and ready for final payment.
ANALYSIS
The original contract amount was $3,142,452.00. The final contract
amount is $3,141,197.00. This change is a result of the final change
order which reflects a deduction of $1,255.00 in contract price. For a
detailed breakdown of this change order, please see Attachment A of the
proposed change order. As part of this final change order, we have
reduced the amount of training associated primarily with the
��' 37
� � � �::�.r 0 - t Or 442
All � � BOOK 92 FAGF443
instrumentation and pump controls system of the plant. In many cases,
we have chosen to acquire video tape instruction courses and reduce the
number of staff receiving formal classroom training. We feel this will
allow us to provide training to all water plant staff and be of greater
benefit to the County. We are requesting that the deduction of
$1,255.00 from this contract be used by the water plant staff to
purchase a television and video tape player/recorder for presentation
of the self instruction courses.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of. County Commissioners approve the final pay request and Change
Order No. 1, with W.P.C. as presented and also authorize the Department
to expend the contract balance of $1,255.00 as outlined above.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the final pay request and Change Order No. 1 with
W.P.C., as presented, and authorized the Utilities
Department to expend the balance of $1,255 as
outlined in staff's memorandum.
CHANGE ORDER
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
DISCUSSION OF NORTH COUNTY PROJECT
See Mr. Kroegel's remarks on page 21 concerning the north -
county recreational complex.
REPORT ON MEETING WITH INDIAN RIVER FARMS DRAINAGE DISTRICT
Chairman Tippin reported that he and staff met with the
Chairman of Indian River Farms Drainage District to settle the
legal matter regarding placing our utilities in their right-of-way.
The District is amenable to the County holding them faultless but
their attorney must find some way to exclude us from the legal
requirements and make. us different from all the other utility
companies. Attorney Michael O'Haire thinks that he can produce
some wording in a document that will allow us to continue using the
rights-of-way. Chairman Tippin further proposed that we work on
our public relations with the representatives of the. District
because there is miscommunication and some incorrect impressions
between the groups.
LAND ACQUISITION COMMITTEE MATTER
Commissioner Macht announced that he has received calls from
irate citizens regarding an incorrect article in the Sunday edition
of -the Press Journal concerning land acquisition. To date the
newspaper has not printed a correction, but he wished to state on
the record that we have not done what we have been reported to do.
38
DISCUSSION OF COUNTY FACILITIES LIABILITY INSURANCE
The Board reviewed memo from Risk Manager Beth Jordan dated
April 25, 1994:
TO: • Doug Wright, Emergency Services Director
FROM: Beth Jordan, Risk Manager
DATE: 25 April 1994
SUBJECT: Facilities Uability Insurance
As discussed, the County requires liability insurance with Indian River County, Florida, as
additional insured whenever County -owned or leased facilities are used by organizations,
agencies or individuals outside of the County government structure. Minimum limits of
coverage parallel the protections offered by sovereign immunity statute, or $100,000 per
person/$200,000 per occurrence.
Please contact us if there are additional questions.
Commissioner Adams asked for clarification regarding liability
insurance coverage because of a request from the Vero -Lake Estates
Homeowners Association. She was interested in the liability
coverage generally because of the public's use of County buildings
for group meetings.
Commissioner Bird pointed out that we have two types of public
use: those that are leased to a group for a long period of time
and those that are used occasionally for group meetings.
Administrator Chandler briefly explained that in 1990 the
County became self insured, and there are situations where
liability insurance is handled by the County and other times where
it is handled by the lessee of the building. He further explained
that the question of County liability insurance coverage was raised
on Friday because of an incident involving a volunteer.
Emergency Services Director Doug Wright advised that this is
not a new subject because we have been dealing with it for a couple
of years pertaining to voluntary entities. They have fund raising
events and must use some of the funds to obtain insurance coverage.
The issue of the Homeowners' Association using the volunteer fire
station in Vero Lake Estates to hold their meetings prompted a
discussion with Risk Manager Beth Jordan and resulted in the above
memo.
MAY J 11,2 39 Poor 92 Pa�� , 444
MAY J7 04
aoox 92 F�AcF445
Attorney Vitunac pointed out that we do not allow meetings in
other fire stations throughout the county. There is also the
question of whether it is a good idea for people to be meeting in
the middle of a fire station when a call might come in.
Commissioner Adams felt we need clarification as to which
functions are covered, and whether we need additional coverage
within our self insurance program.
Melody Manning, resident of Vero Lake Estates, stated that her
group wanted to bring this to the Board'.s attention to clarify
exactly what they are required to provide. They assumed they were
covered by the Homeowners' Association insurance. She further
explained that fund raising events were covered by insurance. She
asked for clarification of the County's policy regarding liability
insurance coverage.
Administrator Chandler stated that he will research this
subject to see if there are any gaps in coverage and will report
his findings to the Board.
SOLID WASTE DISPOSAL DISTRICT
Item 14.B. was withdrawn and- the Solid Waste Disposal District
meeting -was -cancelled.
There being no further business, the Board adjourned at 11:58 a.m.
ATTEST:
J. K. arton, Clerk
40