HomeMy WebLinkAbout6/14/1994dr MINUTL�SATTACIILll'
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
--AGENDA
REGULAR MEETING
TUESDAY, JUNE 14, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. T-ippin, Chairman ( Dist. 4) James E. Chandler, County Administrator
Kenneth R. Macht, Vice Chairman_ (Dist. 3)
Fran B. . Adams 1 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 - None
3. PLEDGE OF AUJEMANCF - Comm. Richard N. Bird
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
None.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Special Meeting of May 16, 1994
B. Regular Meeting of May 17, 1994
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board:
1. Report of Convictions. Month of May 1994
2. Seb. Riv. Water Control Dist. Annual
Financial Report dated Sept. 30, 1993
3. St. Johns Water Control Dist. Financial
Statements E Reports dated Sept. 30, 1993
B. Occupational License Taxes Collected During the
.-Month of May, 1994
(memorandum dated .June 7, 1994)
C. Appointment of Thomas L. Hall; Jr. as Alternate
Member to the Parks and Recreation Committee
( letter dated May 13, 1994 )
JUN 141994
JUN 141994
7. CONSENT AGENDA (cont'd.) :
D. A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING EFFORTS TO SECURE
COMPLIANCE WITH FLORIDA LAW WITH
RESPECT TO BEACH PRESERVATION
E.- Surplus Property Sales Procedures
(memorandum dated May 17, 1994 )
F. Release of Utility Liens
(memoranda dated June 2, and June 3, 1994)
G. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated May 27, 1994 )
H. Miscellaneous Budget Amendment 018
(memorandum dated June 7, 1994)
L. Award Bid #4080 / Round Island Park Landscaping
( memorandum dated June 7, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
David Nolte, Property Appraiser:
Authorization to Use Long -Form of TRIM
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. Twentieth Ave. Church of God Request for
Special Exception Use Approval to Expand
an Existing Child Care Facility
( memorandum dated June 6, 1994 )
2. Microvest Inc.'s Request for a R -O -W
Abandonment for a Portion of the Rights -
of -Way Within the -Plat of Homewood
( memorandum dated June 7, 1994 )
3. Comprehensive Plan Amendment No. CPA -116
( the Coraci Amendment)
Compliance Agreement with the Department
of Community Affairs
( memorandum dated June 8, 1994 )
4. Sewer Service to SR60 and 90th Avenue
( memorandum dated June 3, 1994 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
11. DEPARTMENTAL MATTERS (cont'd
B. EMERGENCY SERVICES
1. Approval of a Statewide Mutual Aid
Agreement for Catastrophic Disaster
Response and Recovery
( memorandum dated May 22, 1994) --
2. Authorization for Animal Control Officer
Jeffrey West to Issue Violation Citations
and Approval of Resolution
(memorandum dated June 1, 1994)
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Tourist Development Council
1994-95 Budget Recommendations
(memorandum dated June 2, 1994)
F. PERSONNEL
None -
G.. PUBLIC WORKS
1.
43rd Ave. Bridge Replacement over the
IRFWCD Main Relief Canal / The Murphy
Construction Company Change Order No. 2
and Final Pay Application
4memorandum dated June 1, 1994)
2.
Partial Release of Retainage - Engineering
Services Sandridge Golf Course
(memorandum dated June 7, 1994)
3.
Partial Release of Retainage - Engineering
Services Oslo Road and Old Dixie Highway
(memorandum dated June 7, 1994)
H. UTILITIES
1.
Developer's Agreement with Karen P. Lohse
for Sewer Collection System Construction
and Connection
(memorandum dated June 8, 1994)
2.
Durrance and Massey Road Sewer Assessment
Project Survey Services
(memorandum dated June 6, 1994)
3.
Wastewater Treatment Plant Continuing
Services
( memorandum dated May 8, 1994 )
12. COUNTY ATTORNEY
None
JUN 14 19A
JUN 14 1994
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
1. Request to Set Public Hearing Date to Adopt
Ordinance Regarding Ethics and Conduct
2. Proposed Plan for Community Child Care
Resources
(memorandum dated June 8, 1994)
C. COMMISSIONER FRAN B. ADAMS
Fellsmere Cgjlection/Recycling Center
(memorandum dated June 8, 1994) .
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
I. Approval of Minutes - Meeting of 3/3/94
2. Health Occupations Agreement Between
District Board of Trustees of Indian
River Community College and the Indian.
River County Emergency Services District
(memorandum dated May 22, 1994)
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 5/10/94
2. Purchase of Properties/Cal Streetman Prop.
(memorandum dated June 8, 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.
� s �
CEJ
Tuesday, June 14, 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,•June 14, 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.
Commissioner Bird led the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of May 16, 1994. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Special Meeting of May 16, 1994, as written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of May 17, 1994. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of May 17, 1994, as written.
JUN 14,1994 BOOK F"GFQ:�
JUN 14 1994
BOOK 92 PACE 601
CONSENT AGENDA
A. Reports
The following were received and placed on file in the office
of Clerk to the Board:
1. Report of Convictions for the Month of May 1994
2. Sebastian River Water Control District Annual Financial
Report dated September 30, 199,3
3. St. Johns Water Control District Financial Statements
and Reports dated September 30, 1993
B. Occupational License Taxes Collected During Month of May 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 May 1994.
HEWRAlID�
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: June 7, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be informed
that $1,713.63 was collected in occupational license taxes during the
month of May, representing the issuance of 145 licenses.
C. Appointment of Thomas L Hall Jr as Alternate Member to the
Parks and Recreation Committee
The Board reviewed the letter from City of Fellsmere Mayor
Renee' Herrera dated May 13, 1994:
N
May 13, 1994
Board of County Commissioners
Indian River County
Alice E. White, Executive Aide
1840 - 25th Street
Vero Beach, Florida 32960
RE: Parks and Recreation Committee
Dear
Please be advised that the City Council of the City of Fellsmere
during their Workshop Meeting, May S. 1994, discussed the Indian
River County pending Resolution appointing members to the above
referenced committee.
It was the general consensus of the council that the city not
create a conflict in appointments nor cause an appointed members
removal from the committee.
It is the desire of the Fellsmere City Council that Thomas L.
Hall, Jr. be appointed as an alternate member to the committee.
Thanking you in advance for your'aesistance in this matter and
should you have any, questions or require any additional
information please do not hesitate to call me.
Sincerely,
i
Renee Herrera
Mayor
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Thomas L. Hall, Jr., as Alternate Member to the
Parks and Recreation Committee, representing the
Fellsmere City Council.
D. Resolution Supporting Efforts to Secure Compliance with Florida
Law with Respect to Beach Preservation
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-75, supporting efforts to secure
compliance with Florida law with respect to beach
preservation.
3 BOOK 92 P
JUN 14
1994 AGE ��
FFF'_ -1
JU N 141994 mar fadv1
RESOLUTION NO. 94- 75
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING EFFORTS TO SECURE
COMPLIANCE WITH FLORIDA LAW WITH RESPECT
TO BEACH PRESERVATION.
WHEREAS, the Florida Legislature has recognized that the State's
beaches and dunes are one of its most valuable natural resources by
enactment of the "Beach and Shore Preservation Act", Chapter 161,
F.S.; and
WHEREAS, "the Florida Legislature has recognized the need for
the protection of marine animals by enactment of the "Marine Turtle
Protection Act", Section 370.12, F. S . ; and
WHEREAS, any actions public or private which contravene the
purpose and intent of said legislative enactments should be prohibited
and corrective action taken; and
WHEREAS, man-made inlets and related jetties interrupt the
southerly flow .of sand; and
WHEREAS, at the northern boundary of Indian River County lies
the man-made Sebastian inlet with a 500 foot north jetty; and
WHEREAS, to the south of said inlet there has been severe
erosion which threatens property both public and private; and
WHEREAS, said erosion has had an adverse impact on the
hatching habitat of sea turtles; and
WHEREAS, the Downdrift Coalition, Inc., a non-profit
corporation, has as its goal protection of the beaches of Indian River
County from adverse impacts,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF -INDIAN RIVER COUNTY, FLORIDA
that:
4
RESOLUTION NO. 94- 75
I. The Board of County Commissioners is concerned about
erosion of its beaches and dunes.
2. The Board of County Commissioners supports efforts to
renourish and restore eroded beaches.
3. The Board of County Commissioners is appreciative and
supportive of efforts by the Downdrift Coalition to have legislative
enactments concerning beaches, dunes, and sea turtles complied with.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
A,,„,n„ , 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 14 day of June , 1994.
Attest:
Jeff r y K. Barton, Clerk
e ca /' ?'
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Jphn % . Tippin
Chairman
5 to d
JUN 141994 tva u2
r �
800 (2 `p� , 7
JUN 141994
E. Surplus Property Sales Procedures
The Board reviewed memo from General Services Director Sonny
Dean dated May 17, 1994:
DATE: MAY 17, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: SURPLUS PROPERTY SALES PROCEDUF
BACKGROUND:
In January 1993, the Board approved a policy on procedures to
assemble and dispose of the County's surplus property. In an effort
to further streamline the entire process, staff has developed a
policy for sale and handling of revenues generated from the sale of
these properties.
This policy will establish permanent sale dates twice annually; and
provide a procedure to handle the applicable paper work. The Finance
Department will receive directly from the purchaser all monies
associated with a sale, rather than passing through some other
employee as in the past.
ANALYSIS:
The Purchasing Division is designated to be responsible fur handling
surplus property sales and coordinating this effort with all County
entities. It is therefore appropriate to incorporate this policy in
the Purchasing Manual.
RECOMMENDATIONS:
Staff recommends the Board adopt the Surplus Property Sales Procedure
as presented, and authorize it -be made part of the Indian River
County Purchasing Manual.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
the Surplus Property Sales Procedure and authorized
it be made part of the Indian River County
Purchasing Manual, as recommended by staff.
F. Release -of Utility Liens -
The Board reviewed memos (2) from Legal Secretary Sandy Wright
dated June 2, 1994 and memo from Lea R. Keller, CIA, dated June 3,
1994:
6
TO: BOARD OF COUNTY COMMISSIONERS --
FROM: Sandy Wright, County Attorney's Offic
DATE: June 2, 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/Payment of Existing Impact Fees
CADENBEAD, JR:_ --
2. Blue Cypress Lake Sewer Project
COLVIN
3. Club Grove Estate Water Project
MCALLISTER -
4. Glendale Lakes (2nd Project)
FOLRMAN _
5. 12 Street Water Project
CUNDIFF
6. Unincorporated Supplemental
RENGETER/SCEWARZ/GUTHRIE
7. Unincorporated Area
SEBASTIAN SQUARE ASSOCIATES, LTD. (2)
FITZGERALD
WIMBROW
ROLLER
BLARE CLORIDA DEVELOP CORPORATION/ WABASSO LAND CORP.
WABASSO COMMERCIAL GROVE, INC. (2)
DUMIYER
JUN 141994 mox
JUN 141994 ooX wa
TO: Board of County Commissioners
i
.FROM: Sante► Wright, County Attorney's Office
DATE: June 2, 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
AVERILL
MISKOWITS
BISSONNETTE
NEWMAN/OSTROFF/SHAPIRO
BRAUER
OFFUTT
CASSIDAY
PILATO
CHILDERS(2)
POLLY (2)
CALVETTEIZ)
PUGLIESE
CORER
ROBERSON/NOEL
CRITES
_SAWYER
DYAL, JR. (2)
SCHNEIDER
ELLIOTT
SHUMATE _
ESPOSITO
SMITH
GLOVER
SMITH (3)
GRAVLEE, III
STRICKLAND
GUSTAFSON
WINGFIELD, INC.
HINE -
WINGFIELD GROVE SERVICE, INC.
JARRELL
ZERAFA
KAPP
KNEER
ZUEFLE
MACCOY, III
TO: BO�ARD� OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: June 3, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien -related items 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. Release of Special Assessment
State Road 60 Water - Map #M-2
Ralph L. Evans, as Trustee
2. North County Sewer Special Assessment
Carl Julian (First Union Bank)
3. Assumption of'Special Assessment Lien
Phase II Water Improvements
Blidgeon/Economou
8
% on
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the lien releases as listed above. --
SAID SATISFACTIONS AND RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
G. Resolutions Cancelling Taxes on Properties Purchased for County
Use
1994:
The Board reviewed memo from Lea R. Keller, CLA, dated May 27,
TO: BOARD OF COUNTY COMMISSIONERS
Xe - a., t .
FROM: Lea R. Keller, CLA, County Attorneys Office
THRU: Charles P. Vitunac, County Attorney
DATE: May 27, 1994
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some rights-of-way, and, pursuant to
Section 196.28, Florida Statutes, the Board of County Commissioners is
allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purposes. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the -..County recently
acquired.
Attachments: 3 Resolutions -
(1) Parcel #32-31-39-00000-3000-00009.0
Ryall Groves
R/W - 66th Avenue
(2) Parcel #25-33-39-00000-1000-00001.0
Gene Morris et al
R/W - Oslo Road
(3) Parcel #26-32-39-00000-7000-00001.7
Virginia Walker Russell
R/W - 41st Street
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-76, Resolution 94-77 and Resolution
94-78, cancelling outstanding taxes on properties
purchased for County use.
0
JUN 141994
JUN 141994
W -OK D- f a, �w
Re: R/W - 66th Avenue
Parcel #32-31-39-00000-3000-00009.0
Ryall Groves
RESOLUTION NO. 94- 76
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.s.;
NOW, THEREFORE,. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY( FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 1011, Page 2593 which was recently acquired by Indian River County
for right- of way purposes on 66th Avenue, are hereby cancelled, pursuant to
the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert .01
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 -14 day of J i i n p , 1994.
Attest:
K ���� Clerk 1
Attachment: Deed
10
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
� r
By
�i Chairmac)
ohn W. Tippin
Re: R/W - Oslo Road (Parcel #113)
Parcel #25-33-39-00000-1000-00001.0
Gene Morris et al
RESOLUTION NO. 94-_2_7
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 1013, Page 2833 which was recently acquired.by Indian River County
for right of way purposes on Oslo Road, are hereby cancelled, pursuant to the
authority of section 196.28, F.S.
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 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 14 day of June , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
By .Z
Cha rman
J. Cl kL'n� �� Jahn W. Tippin
Ay: ' �� ( -
Attachment; Deed
11 w�K 92 6 1 U"
JUN 14 1994
a
JUN 141994 nox 92 ma fid
Re: R/W - 41st Street
Parcel #26-32-39-00000-7000-00001.7
Virginia Walker Russell
RESOLUTION NO. 94-7$
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state,.or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE,- BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 1003, Page 0851 which was recently acquired by Indian River County
for right of way purposes on 41st Street, are hereby cancelled, pursuant to
the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner 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 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 14 day of _Jin e , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attests
Attachment: Deed
�:7
By
Chairman
John W. Tippin
12
s
indisn Aim Ca Approved Date
Admin lvjeG c Q
Legal
Gept.
Tisk Mgr,
H. Miscellaneous Budget Amendment 018
The Board reviewed memo from OMB Director Joe Baird dated June
7, 1994:
TO: Members of the Board - of County Commissioners
DATE: June 7, 1994
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 018 - CONSENT AGENDA
FROM: Joseph A. Bair,(
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment -is to. appropriate funding for the following:
1. Authorization to close out the Library Bond Fund into the General Fund after
the final payment is made July 1, 1994. The entry will be determined after the
payment is made..
2. This entry will reallocate the distribution of Gas Tax and Fund Transfers for
the Transportation Fund.
3. This entry is to adjust the R.E.P Grant correcting the entry made in Salary
Budget Amendment # 6. _
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 013.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Miscellaneous Budget Amendment 018:
JUN 14 1994 13 BOOK 92 FnE 612
JUN 14 1994
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Director
b00K b2 F. a 613
BUDGET AMENDMENT -.018
DATE: June 7. 1994
14
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
To Be Determined At A Later Date
2.
REVENUE
Secondary Road Construction Fund/
Constitutional Gas Tax-- --
109-000-335442.00
$600,000
Cash Forward
109-000-389-040.00
$600,000
REVENUE
Transportation Fund/
Constitutional Gas Tax
111-000-335-042.00
$600,000
Funds Transfer In _
111-000-381-020.00
$600,000
EXPENSE
General Fund/
Fund Transfer Out
001-199-581-099.21
$240,000
Cash Forward
001-199-581-099.92
$240,000
MSTU/
Fund Transfer Out
004-199-581-099.21
$360,000
Cash Forwafd
004-199-581-099.92
$360,000
3.
EXPENSE
GENERAL FUND/ -
Reserve for Contingency,
001-199-581-099.91
$550
General Fund/R.E.P Grant
Regular Salaries
001-237-525-011.12
$433
Social Security
001-237-525-012.11
$27
Retirement
001-237-525-012.12
$77
Life Insurance
001-237-525-012.13
$5
.Workers
-Compensation
001-237-525-012.14
=
$2
Medicaid
001-237-525-012.17
$6
14
� r �
I. Award Bid #4080 - Round Island Park Landscaping
The Board reviewed memo from Purchasing Manager Fran Boynton
Powell dated -June 7, 1994: --
DATE: June 7, 1994_
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servidjo
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid 04080/Round Island Park Landscaping
Public Works
BACKGROUND INFORMATION:
Bid Opening Date: May 11 1994
Advertising Dates- -- April 18, 27, 1994
Specifications Mailed to: Twenty Six (26) Vendors
Replies: Four (4) Vendor
Vendor: Natureland Schwey Serv. Hayslip Landscaping
Vero Beach Vero Beach Fort Pierce
Base Bid: 12,138.00 16,458.00 17,476.00 _
*Additive A: 1,182.78 1,645.60 205.70
*Additive B: 11600.00 775.00 11620.00
*Additive C: 117.00 -412.50 171.00
Ttl Bid Amt $15,037.78 $19,291.10 $19,472.70
*A: Paspalum Grass Plugs
*B: Saw Palmetto
*C:. Dune Sunflower
SOURCE OF FUNDS: Grant in the amount of $21,450.00 from
the 1993 Small Business Adminstration Tree Planting
Program and Parks Construction in Progress funds.
BUDGETED AMOUNT: $25,000.00
RECOMMENDATION
Staff recommends that the bid7-be awarded to Natureland
as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation to
Bid. The base bid of $12,178.00 is below the project
budget, therefore, Public Works recommends that -the
additive bid items, A, B, and C in the amount of $2,899.78
be added to the base bid for a total project cost of
$15,037.78.
In addition, staff requests Board approval of the attached
Agreement as to form, 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 #4080 to Natureland for landscaping at Round
Island Park as set out in staff's memorandum.
AGREEMENT .
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
041
JUN 141994
eoct �� �'a�F
JUN 141994 800K pga
AUTHORIZATION TO USE LONG FORM OF TRUTH IN MILLAGE (TRIM) NOTICE
Property Appraiser David Nolte recommended to the Board that
a longer form of the TRIM (Truth in Millage) Notice be used. The
longer form has 17 lines instead of the current 6 lines and will
provide more details regarding taxation from the various taxing
districts. Mr. Nolte believed this method will not result in any
additional cost because funds are budgeted for this purpose.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
use of the long form of the Truth in Millage (TRIM)
Notice.
PUBLIC HEARING - TWENTIETH AVENUE CHURCH OF GOD REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO EXPAND AN EXISTING CHILD CARE FACILITY
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vee�'r�o�1 Beach in Indian River County, Florida; that the attached copy of advertisement, being
a /LF
In the matter
e/
In the Court, was pub-
lished in said newspaper In the Issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in 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
advertisemegt•Iot'publication in the said newspaper.
5tvor�ut, i7,[n ,6i ,bscribed.before me this -1 ,day olzdI A�. 19
MY Cnm n F, _c;;l' f �. , .. .�.... • • r ►-
r m" (BUSIn@S3 Manager)
i. �r!s� BARBARA C. SPRAGUE, NOTARY PUBLIC.th ° �� Lc'`�0'/2 Staled Florida. MyCrnmmnsswn E ru imin Po iue�
COmmrssron Nurrdlur: CC300572
••... Signed: '�'
Notary: LSARB&ARAA C. SPFX=71"
IA UE
16
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I
NOTICE OF PUBLIC HEARING
Notice of lclal �earfta�roprocv�slsidfoorr aann e"D ow
axle}� child care Wady. The subject property is
presey owned by the Church of Gad and located
et 775 20th Averse In Section 14, Township 33
and Range 39. See the above map for the location.
Apubes �9 at which parties lo interest and
ciezero L have an opportunity to be heard, will
be held by the Board of County Commissioners of
Floridaelan ChambMcorf the County In AAddminis� trretion
Build -
Ing, located at 1840 25th Street, Vero Beach, FIor-
We on Tuesday, June 14,1994 at 8:05 a.m.
F Anyone who may wish to a al any decision
whloh may be made at this meat w@ need to er}
sure that a verbatim record of the pmaaeedttngs Is
made, which Ircludes teshmV and evidence upon
which the= lo based.
This ad corrects en Uaa� .location map In a
prior notloe.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA-
TION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACT
(ADA) COORDINATOR AT 507.8000 X223 AT
LEAST 48 HOURS IN ADVANCE OF THE MEET-
ING. ,
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY-s,"m W. TlppUh, Chaimten
May 28,1994 - 1102134
op
Planning Director Stan Boling commented from the following:
TO: James E. Chandler
County Administrator
ON HEAD CONCURRENCE:
00 "A _7._d#01 __ J, X
Obert M1.7 R a in , AIRW
Community Developmen irector
THROUGH: Stan Boling,AICP
Planning Director
FROM: Eric Blad
Staff Pla es Current Development
DATE: June 6, 1994
SUBJECT: Twentieth Avenue Church of God Request for Special
Exception Use Approval to Expand an Existing Child Care
Facility
It is requested that the data herein presented be- -given formal
cnnsideration by the Board of County Commissioners at its regular
meeting of June 14, 1994.
DESCRIPTION AND CONDITIONS:
Carter Associates, Inc., on behalf of the Twentieth Avenue Church
of God, has submitted a request for special exception -use approval
to expand an existing child care facility associated with an
existing place of worship. The subject site .is located at 775 20th
Avenue, and is zoned RS -6 (Single Family Residential up to 6 units
per acre). The proposed expansion request has two objectives:
1. To increase the capacity of - the child care facility at the
first floor/ground level; and
2. To bring the facility into compliance with the National Fire
Protraction Association (NFPA) regulations by eliminating the
existing child care uses currently located on the second floor
of the building. .
The child care facility will be expanded at ground level, while the
approximately. 500 square feet of child care use on the second floor
will be converted to church use. The result will be a net increase
in building area used for child care.
Staff has reviewed the submitted proposal and has granted
administrative site plan approval,.subject to the Board of County
Commissioners granting approval of the special exception use
request. Therefore, the site plan approval will become effective
if and when the Board of County Commissioners grants -special
exception use -approval.
At its regular meeting of May 12, 1994, the Planning and Zoning
Commission voted 5-0 -to recommend that the Board of County
Commissioners approve the special exception use request with the
conditions listed at the end of this report._ The Board of County
17
JUN 141994 800K 92 F't cr x"16
JUN x,41994
BOOK 61 d
Commissioners is now to consider the application for special
exception use and grant approval, approval with conditions, or deny
the requested special exception use. Pursuant to section 971.05 of
the land development regulations (LDRs), the Board of County
Commissioners is to consider the appropriateness of the request for
the subject site and the surrounding area. The county may attach
any conditions and safeguards necessary to mitigate impacts and to
ensure compatibility of the use to the surrounding area.
ANALYSIS:
1. Zoning Classification: RS -6, Residential Single -Family (up to
6 units per acre)
2. Land Use Designation: L-2, Low Density (up to 6 units per
acre) _
3. Surrounding Land Use and Zoning:
North: 8th Street, Residences/RS-6
South: Residences/RS-6
East: 20th Avenue, Church, Child Care/RS-6
West: Residences%RS-6
4. Total Parcel Size: ±8.36 acres
5. Area of Development: 12,956 sq. ft.
6. Total Building Area:
Existing:
161,530
sq. -ft.
Net Increase:
1,045
sq.
ft.
Total:
171575
sq.
ft.
Note: The existing building includes area for church uses and
area -for child care uses. An existing porte-cochere will be
demolished to make room for the proposed addition.
7. Total New Impervious Surface:
Existing: 67,221 sq. ft.
Net Increase: 1,479 sq. ft.
Total: 68,700 sq. ft.
S. Open Space: Required: 40%
Provided: 87%
9. Traffic Circulation: Presently, the site has two access
points onto 20th Avenue. The existing northernmost access
point is within 100 lineal feet of the intersection of 8th
Street and 20th Avenue, and will be closed as part of the
proposed project. The proposed site plan provides an entry
only access to the site from 8th Street which will connect to
the southernmost driveway on 20th Avenue. By doing so, the
drop-off area for the child care facility and the church will
be restricted to a one-way drop-off/pick-up circulation plan
with vehicles entering from 8th Street and exiting onto 20th
Avenue. The traffic circulation plan, which includes portions
of existing parking lot driving aisles and the proposed 8th
Street access, has been approved by the county Traffic
Engineering Division.
% M W
� r i
10. Off -Street Parking: Required: 15 spaces
Proposed: 15 spaces
Note: The total number of spaces required for the child care
use and fo_r the church use are satisfied on site. Some
existing, excess parking spaces previously approved and
installed for the church use, are being used to -'satisfy the
child care facility parking requirements. Parkin
requirements for child care facilities are based upon the
number of teachers and staff. Since the applicant has
committed in its application not to exceed the existing 10
teachers and staff now involved with child care operations, no
increase in parking spaces is required.
11. Stormwater Management: The stormwater management plan has
been approved by the Public Works Department, with a condition
that the applicant make minor revisions to design of the 8th
Street driveway canal crossover in a manner acceptable to
Public Works.
12. Utilities: The site is currently serviced with county potable
water. County wastewater services are not available to the
site at this time. To ensure future connection to wastewater
services, the applicant has executed a developer's agreement
with the County Utility Services.
13. Health A Rehabilitative Services (HRS): The Indian River
County Environmental Health Unit has required that the
capacity of the on-site septic system be increased. The
applicant must therefore obtain applicable HRS permits, and
install the appropriate size septic system. The Environmental
Health Services Unit has no objection to special _exception use
approval, and has conducted a preliminary review of the child
care facility proposed septic system.
14. Special Land Use Criteria: The application must satisfy the
following specific land use criteria which apply to a child
day care facilities in the RS -6 zoning district: _
a. The site shall be located on a paved road with sufficient
width to accommodate pedestrian and vehicular traffic
generated by the use. The facility shall be located near
thorofxghfares, as designated in the county's major
thoroughfare plan, so.. -as to discourage traffic along
residential streets in the immediate area.
b. Special passenger loading and unloading facilities shall
be provided on the same site for vehicles to pick up or
deliver clientele. Such facilities shall include
driveways that do not require -any-back-up movements by
vehicles to enter or exit the premises.
C. All regulations of the State of Florida that pertain to
the.use as presently exists or may hereafter be amended
shall be satisfied.
Note: The State HRS office ha
care facility associated with a
may be exempted from obtaining
subject child care facility is
licensing.
s confirmed that a child
church, such as this one,
: State HRS license. The
exempted from State HRS
19
J U N 14 1994 POOK ; FbU F. 618
r- -1
JUy 1994 800K r ?AGE619
d. Child care facilities shall provide recreation area(s)
and facilities that meet or exceed applicable state
standards. The applicant shall supply -to the planning
division, prior to site plan approval, written
acknowledgement from the state that the proposed
recreation area(s) and facilities meet or exceed
applicable state standards. The -applicant shall provide
either -a six-foot opaque buffer or one hundred -fifty foot
setback between all outdoor recreation areas -and adjacent
residentially designated properties.
e. A Type "D" buffer will be required, acceptable to the
planning department.
All of the above specific land use criteria have been
satisfied by this site plan application.
15. Concurrency: The applicant has applied for an initial
concurrency certificate for the project and has agreed to pay
all impact fees associated with obtaining the initial
concurrency certificate within 90 days of site plan approval.
The applicant has executed and filed a notarized
"Acknowledgement_ of. -Concurrency Requirement for Conditional
Site Plan Approval". .Thus, all concurrency requirements
associated with site plan approval have been satisfied.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
requested child care facility with the following conditions:
1. That no building permit shall be issued for all or any portion
of the project unless and until the applicant or his/her
successor obtain an initial/final concurrency certificate for
the portion of the project for which the building permit is
sought.
2. That prior to the site plan release, the applicant shall
revise the 8th Street driveway canal crossover design in a
manner acceptable to the Public Works Department._
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 Macht, SECONDED by
Commissioner Adams, the Board unanimously approved
special exception use for the 20th Avenue Church of
God Child Care Facility with the conditions set out
in staff's memorandum.
20
PUBLIC BEARING - MICROVEST INC. REQUEST FOR ABANDONMENT OF A
PORTION OF THE RIGHTS-OF-WAY WITHIN THE PLAT OF HOMEWOOD
SUBDIVISION = _ -
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumenn, 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
in the Court, was pub-
lished In said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office In 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 corRor91 b "$fly -discount, rebate, commission or refund fos the purpose of securing this
adte ,!Iih n •forpy4lication in the said newspaper. C
•4'••
9typr�r� nd sut rQ3 before npe thiq-"ems' daypf A.D. 19
• MY Comm. hmj,,s
June 29, 1-9`J k f. (Business Mandger)
• no. CU 0'r •• BARWA C. SPRAGUE• NOTARY Punt iC,
�ykP�A A Stale of Florida, My Comm,ssmi LxpJure 29. 1907
e„ .
T
Notary: BARBARA C. SPRA JE
NOTICE OF PUBLIC NEARING
Notice of hearing to omsider a petition for the
closing, abandonment, and vacation of a portion of
the rights -d -way within the plat of .Homewood Sub-
division. plat book 2, page' 15 of the pul fic records
of St Luce County (Naw Indian Rives County) Flor
-
ida.. . .
Lyinmoreppga� and icular�lbyyeing in Indian Rives County, Florida,.
descrft)ed as follows:
The subject property is desribw as:
In Homewood, the plat of which is recorded
In Plat Book 2, Page 15 of the Public
Records of St. Lucie County, Florida, that
40 foot road right-of-way lying between
Blocks 1937 and 1938 and South of the
North fine of Lot 13, Block 1938 extended;
ALSO, that 40 foot right-of-way Ivfip be-"
tween Blocks 1936 and 1937; ALSO, that
40 foot r ght-d-way lying between Block
1935 and 1936; ALSO, that 40 foot right-
of-way lying between Block 1937 and
1956.
Lying in Indian River County, Florida.
A public hearing at which parties in Interest and
citizens
yldofCunbe e will
be Feld bth�� of County ty Conunisskns of
Indian River County, Florida in the County Commis-
slon Chambers of the County AdmiNstratkm Build -
Ing, located at 1840 25th Street, Vero Beach, Flor-
Ida, on Tuesday, June 14,1994 at 9:05 a.m.
Argrone who may wish to appeal any decision
which may be made at this meeting will need to en-
sure
sure that a verbatim record of the proceedings is
made which Includes the testimony and evidence
Won which the appeal will be based.
ANYONE WHO NEEDS A SPECIAL ACCOMMO-
DATION FOR THIS MEETING MUST CONTACT
THE COUNTY'S AMERICANS WITH DISABILITIES
ACT (ADA) COORDINATOR AT 567-M X 223
AT LEAST 48 HOURS IN ADVANCE OF MEETWG.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By: John W. Tippirt, Chairman
May 23, 74 1101152
Planning Director Stan Boling commented from the following:
JUN 141994 21
BOC!K 9?.0 PAGE 6?O
1994 BOOK 9? FAGS 6j1.
TO: James E. Chandler
County Administrator
ION HEAD CONCURRENCE:
Keating, Al
Community
THROUGH: Stan Boling; MCP
Planning Director ``\\
FROM: John W. McCoy, AICW k
Senior Planner, Current Development
DATE: June 7, 1994
SUBJECT: Microvest Inc.'s request for a Right -of -Way Abandonment
for a Portion of the Rights -of -Way Within the Plat of
Homewood
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 14, 1994. _
DESCRIPTION AND CONDITIONS:
Bruce Barkett, Esquire, on behalf of Microvest Inc., has submitted
a petition for right-of-way abandonment for portions of rights-of-
way within the Homewood -Plat. The Homewood plat was recorded when
the subject area was part of St. Lucie County. The applicant's
agent has stated -that, although the County may have little or no
legal interest in the rights-of-way, he wants the County to act on
the request to ensure that title of the to -be -abandoned property is
clear. The County Attorney's Office has confirmed that the County
may act on the request. '
The subject rights-of-way are now within the limits of the City of
Fellsmere. County staff have coordinated with the City regarding
this request. The subject rights-of-way provide access to a number
of platted parcels that have been assembled under a single
ownership by the petitioner. The owner wants to have the rights-
of-way abandoned in order to replat the property, via the City's
development approval process, as a residential subdivision.
ANALYSIS:
Per guidelines established by the Board of County Commissioners,
the petition was reviewed by all County divisions and utility
providers having jurisdiction or potential interests within the
right-of-way. All reviewing agencies and departments have
recommended approval of the abandonment. These rights-of-way are
not part of the roadway system as noted on the County Thoroughfare
Plan, and are not needed for the thoroughfare system. Furthermore,
abandonment would not affect access to properties abutting the
rights-of-way since the petitioner owns those abutting properties,
and those properties front other road rights-of-way_. The County
Attorney's Office has reviewed and approved the attached
abandonment resolution for legal form and sufficiency.
22
AP
RECOMMENDATION:
Staff recommends that the County abandon its rights to the rights -
of -way
ights-
of-way described in the resolution and that the Chairman of the
Board of County Commissioners be authorized to execute 'the attached
resolution.
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 Eggert, the Board unanimously adopted
Resolution 94-79, providing for the closing,
abandonment, vacation and discontinuance of a
portion of the rights-of-way within the plat of
Homewood Subdivision.
RESOLUTION NO. 94- 79
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF
THE RIGHTS-OF-WAY WITHIN THE PLAT OF' HOMEWOOD
SUBDIVISION, PLAT BOOK 2, PAGE 15 OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY (NOW INDIAN RIVER COUNTY), FLORIDA.
WHEREAS, on March 4, 1994 Indian River County received a duly
executed and documented petition from Bruce Barkett, Esquire, of
Vero Beach, ''Florida, requesting the County to close, vacate,
abandon, discontinue, renounce and disclaim any right, title and
interest of the County and the public in and to a portion of the
rights-of-way within the plat of Homewood Subdivision, plat book 2,
page 15 of the public records -of St. Lucie County (now Indian River
County), Florida.
WHEREAS, in accordance with Florida Statutes 336.10, notice of
a public hearing to consider said petition has been duly published;
and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the board finds that right-of-way is
not a state or federal highway, nor is said right-of-way necessary
for continuity of the County's street and thoroughfare network, nor
access to any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the public in
and to that certain right-of-way being known more particularly
described as:
In Homewood, the plat of which is recorded in Plat Book
2, Page 15 of the Public Records of St. Lucie County,
Florida, that 40 foot road right-of-way lying between
Blocks 1937 and 1938 and South of the North line of Lot
13, Block 1938 extended; ALSO, that 40 foot right-of-way
lying between Block 1936. and 1937; ALSO, that 40 foot
right-of-way lying between Block 1935 and 1936; ALSO,
that 40 foot right-of-way lying between Block 1937 and
1956.
23
JUN 141994
nor 4 Fac,.692
JUN 141994 BOOK G�3
RESOLUTION NO. 94- 79
is hereby forever closed, abandoned, vacated, discontinued,
renounced and disclaimed.
2. The closing, vacation, abandonment, discontinuance and
disclaimer of this public right-of-way is in the best
interests of the public.
3. Notice of the adopting of this resolution shall be forthwith
published once within thirty (30) days from the date of
adoption hereof; and
4. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes 336.10 in the Official Record Books of Indian River
County without undue delay.
The foregoing resolution was offered by Commission
Adams who moved its adoption. The motion was seconded
by Commissioner Eggert , and upon being put to a vote,
the vote was as follows:
Chairman John W. Tippin Aye
Vice -Chairman Ken Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 14 day of June , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
John W. Tippin, j0hpffkman
Board of County Commissioners
ATTEST:
Jeffrey K. BarC
State of Flori�
County of Indian River
I HEREBY CERTIFY that on this day, before me, and officer duly
authorized in this. State and County to take acknowledgements,
personally appeared JOHN W. TIPPIN, and JEFFREY K. BARTON, as
Chairman of the Board of County- Commissioners and Clerk,
respectively, to me known to be the persons described in and who
executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal in the County and State lash -
aforesaid this �% day of C)A4,rLe__ A.D., 1994.
Notary Public
fi
.
APPROVED AS TO PLANNING MATTERS
Indian A!VV C7 !:;•G':..r'r —
Robert M. Keating, ICP
Director, Community Devel went
Division
24
AP r �
PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT NUMBER CPA -116 AND
COMPLIANCE AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS
The hour- of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
PROPOSED COMPLIANCE• AGREEMENT
- BREVARQ_�o
t.,,. n g
X 7 Z
N sublect
Property
s X a%
!•i G
C.R.512 SEBASTIAN 'N
5 10
The Board of County Commissioners of Indion River County proposes
to enter into a compliance agreement with the State Department of
Community Affairs which agreement will affect the use of land within the
areas shown in the°map in this advertisement. A public hearing on the
proposed compliance agreement will be held on Tuesday, June 14,
1994 it 9:05 a.m. in the County Commission Chambers at 1840 25th
Street, Vero Beach, Florida.
The proposed compliance agreement revises the following
Comprehensive Plan Policies relating to the development of xeric scrub
communities on the west bank of the St. Sebastian River: Future land
Use Element Policy 1.5; Future land Use Element Policy 1.31; Sanitary
Sewer Sub -Element Policy 6.1; the Data and Analysis Section of the
Conservation Element of the Comprehensive Plan; Conservation Element
Policy 6.16.
The revised policies involve the clustering of development to preserve
the xeric scrub community as an intact habitat; protection of the St.
Sebastian Watershed from pollution through the provision of
appropriate sanitary sewage treatment and disposal systems; and
certain development and environmental study criteria necessary to
protect the xeric scrub habitat as a part of any development proposal.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made, which includes testimony and evidence upon
which the appeal is based.
Anyone who needs a special accommodation for this hearing must
contact the county's Americans With Disabilities Act (ADA) coordinator
at 567-8000, extension 223 at least 48 hours in advance of the
hearing.
�; iii �d7>ilJ I{'`;;;'�
P.O. Box 1268 Vero Beach, Rodda 32961 562-2315
COUNTY OF INDIAN RIVER Trao Sour at
STATE OF FLORIDA
Before the undersigned authorityy personally appeared J.J.
Schumann, Jr. who on oath says that he is Business Manager of the
Vero Beach Press -Journal, a newspaper published at Vero Beach in
Indian River County, Florida: that
i [-•�/Li(L MIM ,/
was published in said newspaper in the Issue(s)
or o1 LJNr� 21 o ,
Sworn to and subscribed before me this
day of A.D
Sp
y_
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' M5 9ARnAaA C SPRAmIrs M
, PmASV P,Businesanager 24 t997
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Indian River County
Board of County Commissioners
By: -s- John W. Tippin, Chairman
Deputy County Attorney William G. Collins II made the
following presentation:
25 -
J U N 141994 POCK 92 PACE,6!4
JUN 14 1994 �ooK 92 Par,F 66
TO: The Board of County. Commissioners
FROM: William G. Collins II - Deputy County Attorney
DATE: June 8, 1994
SUBJECT: Comprehensive Plan Amendment No. CPA -116 (the Coraci
Amendment)
Compliance Agreement with the Department of Community
Affairs
On February 3, 1990 the County passed Ordinance No. 90-3 adopting a
comprehensive plan. The Department of Community Affairs found the plan
"not In,. compliance". Individual landowners intervened in the subsequent
administrative hearing alleging various deficiencies. After extensive
settlement negotiations- with the Department, the County approved a
settlement agreement in October of 1990. The amendments required by that
settlement agreement were adopted on June 18, 1991 and the Department
found the main comprehensive plan "in compliance" by notice published
August 15, 1991. _
Also on June 18, 1991, the Board adopted Comprehensive Plan Amendment
No. 116 ( CPA -116) which was an amendment proposed by Intervenors in the
main case, specifically Anthony Coraci, Norpak Corporation, - and D . S . C .
Enterprises, Inc. The Department issued a Statement of Intent to find
CPA -116 "not in compliance" on August 15, 1991, and filed a petition with
the Department of Administrative Hearings on September 20, 1991.
The Statement of Intent to find the -comprehensive plan amendment not in
compliance is included in the attached compliance agreement as Exhibit "A".
It sets out allegedly inconsistent plan provisions, and recommended remedial
actions to _ resolve those inconsistencies -
On May 4, 1992 I transmitted a 20 -page proposal to Walker Banning, the
Department's Planning Manager, which addressed each of the inconsistent
provisions identified in the Department's ."Statement of Intent" to find
CPA -116 not in compliance, including proposed remedial amendments. This
correspondence explained where existing plan policies addressed the issues
raised by the Department, and proposed revisions where necessary.
That correspondence formed the basis of subsequent negotiations primarily
between the Department and the Intervenors. -- The Intervenors performed
substantial biological studies with respect to the xeric scrub community and
came to agreements with the Department as to specific land development
criteria applicable to the xeric scrub community west of the St. Sebastian
River.
The compliance agreement would require the Board to hold a public hearing
for the purpose of adopting the plan amendments set out (in a
01MOMNOtli and underlined fashion) in Exhibit "B". The revised policies
involve the clustering of development to .preserve the xeric scrub community
as an intact habitat; protection of the St. Sebastian Watershed from pollution
through the provision of appropriate sanitary sewage treatment and disposal
systems; and certain development and environmental study criteria necessary
as a part of -any development proposal to protect the xeric scrub habitat. If
approved by the Board, the agreement will be forwarded to the Department
for signature by the Secretary. Within sixty days thereafter, the Board
would hold the public hearing for remedial amendment adoption. The
Department would then move to have the Administrative Hearings dismissed
on this amendment, and on the main comprehensive plan case, bringing the
26
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County out from under the cloud of state financial sanctions for the first
time in four years.
RECOMMENDATION:
Authorize the - Chairman to execute five originals of the attached Stipulated
Settlement Agreement regarding CPA -116 for transmittal to the Department
and the Intervenor. -
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 Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
and authorized the Chairman to execute the
Stipulated Settlement Agreement regarding CPA -116
for transmittal to the Department of Community
Affairs and the Intervenor, as recommended by staff.
PARTIALLY EXECUTED COPY OF AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
PUBLIC HEARING - SEWER SERVICE TO SR -60 AND 90TH AVENUE
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
UTILITIES PUBLIC HEARING
SEWER ASSESSMENT PROJECT
The .Board of County Commissioners of Indian
River County, Florida, hereby provides notice of
PUBLIC HEARING scheduled for 9:05 A.M. on
Tuesday - Jure 14, 1994, to discus a proposed
Pesolutlon relating to a SPECIAL ASSESSMENT
ROJECT In Indian River County for the installation
of SEWER SERVICE TO S.R. 60 AND 90TH AVE-
NUE, and providing for special assessment hens to
be made of record on the properties to be served.
Anyone who may wish to appeal• any decision
whloh may be made at this meeting will need to en-
sure that a verbatim record of the proceedings Is
made, which Includes testimorty and evidence upon
which the appeal is based.
Anyone who needs a special accommodation for
this meeting may contact the County's Americans
with Disabilities Act (ADA) Coordinator at 567-
8000, Ext. 408, at least 48 hours in advance of the
meeting.
May 28, June 4,1994 1102326
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach Beach In Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
In the Court, was pub-
lished In said newspaper in the Issues of F' e �,
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office In Vero Beach• in said Indian River Coun•
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement. and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
-••••S vprr�o arjd:sU664bed before Erre this •'-� �`= day of A.D. 19
r�y.� • <� �i�, Vii,
HI
y Iom:h. Errv,es : �
Jfn.CC3ljtr
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C1J F 12
-6. t
BARBARA C. SPRAGUE. NOTARY PURL c. (Business Manager)
State of Florida, Aly GOMn sm f. ■P. Jwre 29. 1907
fr
Notary: BARBARA C. SPRAGUE a
27
JUN 41994 MON 92 F -AGE '6
JUN 141994 BOOK 92 pn, 6�7
Assessment Projects Manager James Chastain made the following
presentation:
DATE: JUNE 3, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI VICES
PREPARED: JAMES D. CHAST
AND STAFFED MANAGER OF ASSE PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SEWER SERVICE TO SR 60 AND 90TH AVENUE
INDIAN RIVER COUNTY PROJECT NO. US -92 -12 -CS
RESOLUTION III, PUBLIC HEARING
BACItGRODND .
On May 24, 1994, the Indian River County Board of County
Commissioners approved Resolution I (94-71) and Resolution II (94-
72).. 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-.71) was published in the Vero Beach PRESS JOURNAL on June 1,
1994 (see attached agenda item and minutes of the above meeting).
ANALYSIS
Design - - of _the sewer collection system is complete. An
informational meeting was scheduled for the 3 property owners on
June 1, 1994. Although none of the property owners attended the
informational -meeting, one telephoned and stated all were in
support of the project. The total estimated cost to be assessed is
$37,342.00. The cost per square foot is $0.3111833. 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
wastewater line route. In the interim, financing will be through
the use of impact fee funds.
RECOMMENDATION
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.
28
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ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-80, confirming the special assessments
in connection with sewer service to SR -60 and 90th
Avenue, and providing for special assessment liens
to be made of record.
Public Hearing (Third Reso.) 6/2/94(sr60&90)Vk/DC
'?JV
RECORD VERIFIED
JEFFREY K. BA
CRYON
CLERK CIRCUIT COURT
RESOLUTION NO. 94- 80 INDIAN RIVER CO., FLA
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
THE SPECIAL ASSESSMENTS IN CONNECTION WITH SEWER SERVICE
TO S.R. 60 AND 90TH AVENUE, AND PROVIDING FOR SPECIAL
ASSESSMENT LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River County
has, by Resolution No. 94-71, adopted May 24, 1994, determined to make
special assessments against certain properties to be serviced by sewers
of the County to S.R. 60 and 90th Avenue; and
WHEREAS, said resolution described the manner in which said special
assessments shall be made and how said special assessments are to be
paid; and
WHEREAS, the resolution was published as required by Section
206.04, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River County
passed Resolution No. 94-72, on May 24, 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 Saturday, May 28, 1994, and
Saturday, June 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
29 POGK 9 Fa;E 6',-'8
JUN. 14 199'4
JUN 14 1994
RESOLUTION NO. 94- 80
BOOK 92 PAF 6?9
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, June 14, 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
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Bird , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
commissioner 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 14th day of June, 1994.
'•11 • I .. yy
Attests:
Jeff&,,, K. Ba t -.Clerk
Attachment: ASSESSMENT ROLL .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Dohn W. Tip n _
Chairman
lop
APPROVAL OF STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY
The Board reviewed memo from Emergency Services Director Doug
Wright dated May 22, 1994:
TO: honorable -Board of County Commissioners
THROUGH: Jim Chandler, ounty Administrator
FROM: Doug=W'ight�, Director
Emergency Services
DATE: May 22, 1994
SUBJECT: APPROVAL OF A STATEWIDE MUTUAL AID AGREEMENT FOR
CATASTROPHIC DISASTER RESPONSE AND RECOVERY
It is respectfully requested -that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
During late 1991, staff from --the Department of Emergency Services
began communicating with the neighboring counties to formally'
update and execute Inter -local Mutual Aid Agreements.. The purpose
of these agreements- were to provide fire and rescue services,
emergency medical treatment, and emergency management services for
the health, safety, and welfare of our respective citizens. By
Spring of 1992, the Board of County Commissioners had executed
formal agreements with each of our contiguous counties. It is
mutually understood in the Inter -local Mutual Aid Agreements that
no reimbursement for any costs shall be required of the other party
in the performance of mutual aid duties.
The Department of Emergency Servides is now presenting a Statewide
Mutual Aid Agreement For Catastrophic Disaster Response and
Recovery from emergencies too extensive to be dealt with by local
or area resources. The Board will note that each municipality
within the County may participate in the statewide plan if they
deem it appropriate. If approved by the Board, staff will
communicate with each municipality to provide information and a
decision regarding participation.
ALTERNATIVES AND ANALYSIS:
The Florida Division of Emergency Management has requested that
each county and municipality consder.participation in a state-wide
mutual aid agreement. The purpose of this agreement is to provide
a mechanism to expedite the assistance of other public agencies in
response to catastrophic man-made and natural disasters. This
agreement also -expedites the reimbursement process required to
receive state and federal financial assistance during the recovery
from such an event.
Staff feels that the issues relating to the method of requesting
assistance, liability, costs, and coordination have been adequately
addressed in the Statewide Mutual Aid Agreement and requests Board
approval.
31
JUN 141994 MR ? - FACUE 6,30
JUN 141994
RECOMMENDATION:
BOOK 9? FAGE 631
Staff recommends approval of the Statewide Mutual Aid Agreemen.V•and
request the Board authorize the Chairman to execute the agreement.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Statewide Mutual Aid Agreement, as recommended
by staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
RESOLUTION AUTHORIZING ANIMAL CONTROL OFFICER JEFFREY WEST TO ISSUE
VIOLATION CITATIONS
The Board reviewed memo from Emergency Services Director Doug
Wright dated June 1, 1994:
TO: Honorable Board of County Commissioners -
22ROUGH: James Chandler - _
County Adminisrator
FROM: Doug Wright, Director —
Department of Emergency Services
DATE: June 1, 1994
SUBJECT: Authorization for Animal Control Officer Jeffrey West to
Issue Violation Citations and Approval of Resolution
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On May 27, 1994, Animal Control Officer Jeffrey West -successfully
completed the Florida Animal Control Officer Training Program
approved by the Florida Animal Control Association_(FACA).
Pursuant to Chapter 302 of the Indian River County Code entitled
Animal Control and Kennel Regulations, specifically Section 302.06,
and Chapter 828.27, Florida Statutes, the above referenced employee
is hereby recommended for appointment and approval to issue
citations for animal control violations.
ALTERNATIVES AND ANALYSIS
Although the animal control officer -has been employed in excess of
five months, he has not been authorized to issue citations until
the statutory training was completed. The fact that the Animal
Control Officer certification courses are only given twice* each
year by the Florida Animal Control Association has also contributed
to the delay in obtaining the necessary certification.
32 "`
Approval of this recommendation will provide the Animal Control
Authority- with -another officer with regulatory powers to assist in
enforcing the Indian River County Code relating to animal control.
Given the fact that Debbie House - has not returned to work since
being reinstated on March 31, 1994, and no time frame has been set
for her to return to work due to surgery, it would be of benefit to
the Animal Control Division for the Board to approve the staff
recommendation and authorize this employee to issue citations for
whatever period of time he remains in the position.
RBCONNZZDATION
Staff recommends the Board approve the attached resolution and
authorization for Animal Control Officer Jeffrey West -to issue
citations for violations of the Indian River County Code.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-81 authorizing Animal Control Officer
Jeffrey West to issue citations.
6/ 2/94 (reso \animal . doc) VkDW
RESOLUTION NO. 94- 81
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING ANIMAL CONTROL OFFICER
JEFFREY WEST TO ISSUE CITATIONS.
WHEREAS, Section 828.27, Florida Statutes, allows County Animal
Control Officers under certain conditions to issue citations related to animal
control ordinances if the officer successfully completes a 40 -hour minimum
standards training- course; and
WHEREAS, Animal Control Officer Jeffrey West has completed such a
course at the St. Petersburg Junior College on May 27, 1994, and is
therefore qualified under Section 828.27, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Animal Control
Officer Jeffrey 'West is hereby authorized to issue animal control citations,
pursuant to Section 828.27, Florida Statutes, and Chapter 302 of the Indian
River County Code.
33
JUN 14 1994 BOOK %. F,�-C 6'��
Fr- -1
JUN 141994 BOOK 9? PAGE 6 33
The resolution was moved for adoption by Commissioner M a c h t ,
and the motion was seconded by Commissioner Adams , and, upon
being put to a vote, the vote was as follows:
Chdirman 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 14 day of June, 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: - A
By �Qjlfqjtt-)
John W. Tipp n
Jeffr "" K. -Bart o Cl r1� Chairman
mdiat Riva Ca
Approved Date
Admin.
Legal
Z
Budget
Dept
.z.
Risk Mgr.
TOURIST DEVELOPMENT COUNCIL - 1994-95 BUDGET RECOMMENDATIONS
The Board reviewed memo from OMB Director Joe Baird dated June
2, 1994:
34
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TO: Members of the Board
of County Commissioners
DATE: June 2, 1994
SUBJECT: TOURIST DEVELOPMENT COUNCIL
1994/95 BUDGET RECOMMENDATION
FROM: Joseph A. Bair
OMB Director /
DESCRIPTION AND CONDITIONS
On May 24, 1994, the Tourist -Development Council reviewed budget requests for fiscal year
1994/95 to be paid from Tourist Tax revenue. The Council's recommendations are listed
below:
Organization
1993/94
Funding
1994/95
Request
1994/95 T.D.C.
Recommendation
Offshore Reef
$202,930
$270,750
$270,750
Engineering -Coastal Tech.
$16,811
$0
$0
Exchange Club -Air Show
$700
$20,000
$5,000
Center for the Arts, Inc.
$10,000
$20,304
$10,000
Riverside Theatre, Inc.
$7,591
$0
$0
Riverside Theatre -Lawn
Maintenance
$23,000
$0
$0
Vero Beach/IRC Chamber of
Commerce
$258,000
$231,444-
-___ $230,000
11
Rotary Club of Vero
Beach/Sunrise
- -:
$8,000
$9,218
$5,000
Tourist Study --
$26,000
$0
$0
Fellsmere Frogleg Festival
$6,000
$0
$0
Indian River County Historical.
Society
$89000
$0
$0
Citrus Celebration
$7,500
$0
$0
Vero Heritage, Inc.
$15,000
$0
$0
Vero Beach Firefighters
Association
$0
$150,000
$0
Firefighters IRC Fair
$0
$25,000
$0
Reserve for Contingency
$46,159
$36,280
$20,750
TOTAL
$636,491
$762.,996
$541,500
35
JUN 14199 RooK 2 FaUF 6-34
FF�- -1
JUN 141994 ma 92 FA -GE 6.35
A funding request in the amount of $5,500.00 from the Vero Beach Ballet was inadvertently
omitted from the funding requests presented to the Tourist Development Council on May
24, 1994. In order to be fair to the Vero Beach Ballet their request will be discussed at the
next Tourist Development Council Meeting. Therefore we are requesting that the Board
of County Commissioners approve the above 1994/95 Tourist Development Council budget
with the contingency that the total may be adjusted upon the recommendation of the Tourist
Development Council for the Vero Beach Ballet.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the amounts
recommended by the Tourist Development Council with the contingency to make the
adjustment depending upon the recommendation for the Vero Beach Ballet.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the amounts recommended by the Tourist Development
Council with the contingency to make the adjustment
depending upon the recommendation for the Vero Beach
Ballet, as recommended by staff.
43RD AVENUE BRIDGE REPLACEMENT OVER INDIAN RIVER FARMS WATER
CONTROL DISTRICT MAIN RELIEF CANAL - MURPHY CONSTRUCTION COMPANY
CHANGE ORDER NUMBER 2 AND FINAL PAY APPLICATION
The Board reviewed memo from County Engineer Roger Cain dated
June 1, 1994:
TO: James Chandler
County Air
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: 43rd Avenue Bridge Rep ent over the IRFWCD Main Relief. Canal
IRC Project No. 8940
The Murphy Construction Company Change Order No. 2 & Final Pay Application
DATE: June 1, 1994 _
This is the final pay request for this project. The Contractor is requesting the county also release
the retainage for this project. County Staff has inspected this project and is satisfied the work is in
substantial conformance to the plans and specifications and that the amount requested by the
Contractor is correct and per the contract. 36 _�
The original contracf was for $795,682.80. This was decreased by Change Order No. 1 in the
amount of $4,21338 to anew contract amount of $791,469.42. This Change Order is a decrease in
the amount of $11,869.94 which gives a new and final contract amount of $779,599.48. Retainage
in the amount of $77,92730 has been withheld to date per the contract on prior payments of
$701,345.65 leaving. a final balance due of $ 78,253.83.
The Contractor will be appearing before the Board of County Commissioners to request that the
Board of County Commissioners grant an additional amount to Change Order No._ 2 in the amount
of $5,09236 for the work associated with the channel lining protection material and the installation
of stone for the same. His claim is attached This change order was previously denied by staff
during the construction of the bridge. It is staffs _opinion that this work should have been included
in the bid price bid for the Armorflex material, which was Item No. 530-78-2 Rip -Rap (Articulating
Block)(Bridge),1201 Square Yards at $70.00 per Square Yard for a total of $84,070.00. Staff cites
the following sections from the contract in support of our position that the work under this change
order should have b= included in the original bid for the Articulating Block Rip -Rap: Page GC -3,
Addendum No. 1, dated 6/2/93, "Examination of Site, Plans, Specifications & Regulatory Permits"
Section 7; and GC -6, Addendum No. 1, dated 6/2/93, Section 14 "Interpretations of Plans and
Contract Documents". These sections are attached to this agenda. It is staffs position, then and now,
that the contractor must accept the risk involved with this work placed on him by the contract, as
he is in the position to determine the costs involved with this work and to allow an addition to this
item skews the open bidding process. Staff is of the opinion that all costs assn aced with this work
it= Otherwise the wording of the contract is meaningless.
Staff would lice to extend its appreciation to the contractor and the attentive and diligent manner
of proceeding with the construction of this bridge. The personnel for the contractor were extremely
cooperative and we wound recommend the contractor be awarded future work by Indian River
County if they are the successful bidder. This matter is merely about an interpretation of the plans
and specifications and does not bear whatsoever on any'
ssatisfaction we might have with the
conduct of the contractor, or his employees. To his credit the contractor proceeded on construction
of the bridge after staffs denial of this claim and continued to cooperate with staff until all work was
completed- -
AT MHAMMS A YM
Alternative 1: Approve Change Order 2 without the additional amount rued by the contractor,
and the final pay application to the contract, and release the retainage to the contractor. The Staff
recommends the Board direct the Chairman to execute the change order on its behalf.
Alternative I Approve the Change Order with the additional amount requested by the contractor,
and approve the final pay application.
Staff recommends Alternative 1, funding to be from account number 101-158-541-067.60.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Adams, to approve Change Order 2 as set
out in Alternative 1 in staff's memorandum.
Under discussion, Randy Cropp, representing Murphy
Construction Company, Inc., explained that ordinarily he would not
argue over $5,000, but he felt this instance was unusual. He
37
JUN 14199 400K 92 fAr,E 6,36
_ JUN 14 199
?JCiM. 92 Fa;E 637
explained that the slope in the construction plans was steeper than
the slope which was shown in the proposal for bid. He contended
that the design engineers were not aware that stabilizing rock
would be necessary, and therefore it is reasonable that a
contractor would not know that rock was needed.
Commissioner Adams asked why the engineers were not aware of
the steeper slope and the need for rock.
County Engineer Roger Cain explained that the steeper slope
was required by the Indian River Farms Water Control District and
because the soil was disturbed in the process of construction.
Discussion ensued, and the Board members agreed that the
County received extra materials and work.
COMMISSIONERS MACHT AND ADAMS WITHDREW THIIR MOTION
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order 2 to the contract with Murphy
Construction Company, Inc., authorized payment of an
additional $5,092.36, and approved the final pay
request.
PARTIAL RELEASE OF RETAINAGE - ENGINEERING SERVICES SANDRIDGE GOLF
COURSE
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated June 7, 1994:
38
to: - - James Chandler
County Administrator
TBROUGS: James No Davis, P.E.
Public Works Director
Pum: Terry B. Thompson, P.E.D
Capital Projects Manager
SUBJECT: Partial Release of Retainage
Sngineeri ng services
san a do& Golf Course
DATE: June 7, 1994
Kimley-Horn and Associates, Inc. is currently under contract to perform
design services for Sandridge Golf Course. The total contract amount for
these services is $117,423.00. The total contract Amount earned to date
is $115,413.00, 10% retainage in the amount of $11,541.33 is being held
back for payment.
Kimley-Horn-is seTmeting that a portion of the retainage in the amount
of $9,485.80 be released at this time. Tasks that are 100% complete as
Of April 30, 1994 total $94,858.00. --
The only tasks remaining to be completed on this project -are related to
approval of the Consumptive Use Permit and construction of improvements
at the Maintenance Barn. The Bid opening for the Maintenance Barn
Improvements is on June 8', 1994. -
Staff recommends that the Board approve release of retainage in the amount
of $9,485.80.- Funding is from Account -1418-000-169-018.00.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
release of retainage to Kimley-Horn and Associates,
Inc., in the amount of $9,485.80, as recommended by
staff.
PARTIAL RELEASE OF RETAINAGE - ENGINEERING SERVICES OSLO ROAD AND
OLD DI%IE HIGHWAY
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated June 7, 1994:
J U N 14 1994
8001( 9? FACE 638
r �
JUN1
1994 B00!( �� Cc �a�9
'TO: James Chandler
County Administrator
: James W. DavieP.E.
Public Works Dir
FROM: Terry B. Thompson, P.L.
Capital Projects Manager
SUBJECT: Partial Release of Retainage
8ngineerinq Services
Oslo Road and Old Dixie Highway
DATE: June 7, 1994
Kimley-Rornand Associates, Inc. is currently under contract to perform
design services for intersection improvements and force main construction
at Oslo Road and Old Dixie Highway_. The total contract amount for these
services is $102,264. The total contract amount earned to date is
$91,099.54, 10% retainage in the amount of $9,109.95 is being held back
for payment. -
Kimley-Born is requesting that a portion of the retainage in the amount
of $5,846.70 be released at this time for tasks related to the roadway
design. The County will continue to retain $3,263.25 for force main
design and plan revisions. -
'Design services for this project are complete. The bid opening is
schdduled for June 15, 1994. The remaining contract services are related
to construction.
AND IIZNI)]=
Staff recommends that the Board approve a partial release of retainage in
the amount of $5,846.70 to -Kimsey -So=n and Associates, Inc. Funding is
from account ¢101-156-541-067.43.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved a
partial release of retainage to Kimley-Horn and
Associates in the amount of $5,846.70, as
recommended by staff.
DEVELOPERS AGREEMENT WITH KAREN P. LOHSE FOR SEWER COLLECTION
SYSTEM CONSTRUCTION AND CONNECTION
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 8, 1994:
40
or dP �
- DATE: JUNE -81 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PI 0
DIRECTOR OF VICES
PREPAREDWIL F. MCCAIN
AND STAFFED PROJECTS ENGINEER
BY: DEP OF ILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMENT WITH KAREN P. LOHSE FOR
SEWER COLLECTION SYSTEM CONSTRUCTION AND CONNECTION
BACKGROUND
On the attached exhibit, you will -see the servicearea of which this
project is a portion. This area was defined as part of a sewer
collection study by Kimball Lloyd and Associates, Inc., in 1991.
Several portions of the system to serve this area have been completed,
i.e., Rousseau River Shores (portion of low pressure force main) and
the Nancy Moon project (main electrical service panel and low pressure
force main). Per our agreement with Nancy Moon, we wish to enter into
a developer,'s agreement with Ms. T,ohse for her sewer connection. (See
attached agenda item, minutes and developer's agreement.).
ANALYSIS
The proposed developer's agreement with- Karen Lohse will' add an
additional sewer customer to the existing low pressure sewer collection
system fronting her property on Indian River Drive. (See attached
proposed developer's agreement). In this agreement, we are recovering
her proportional share of the existing system. In Exhibit "A" of the
agreement, our portion of her construction is $2,466.00. This portion
of the construction will- benefit the overall County utility system.
The developer's portion of the existing system is $2,502.12. This
equates to a final contribution by the developer of $36.12 to the..
Utilities Department, along with an impact fee of $2,551.00.
This transaction will be worked into -the overall- assessment and will be
recovered through -additional developer"s agreements, as the connection
to our system was originally outlined in the August agenda item for the
Nancy -Moon project.
RECO290MA ION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the developerls agreement with
Ms. Lohse as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the developer's agreement with Karen P. Lohse as
recommended by staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
41
JUN 141994
POOK 9? FAGE640
JUN 14 199A.
mor 92 PnE641
DURRANCE AND MASSEY ROAD SEWER ASSESSMENT PROJECT SURVEY SERVICES
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 6, 1994:
DATE: I JUNE 6, 1994 -
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO -
FROM: TERRANCE G. PINT
DIRECTOR OF UTI SERVICES
PREPARED WILLIAM F. I
AND STAFFED CAPITAL P ENGINEER
BY: DEPAR UTILITY SERVICES
SUBJECT: DURRANCE AND MASSEY ROAD
SEWER ASSESSMENT PROJECT SURVEY SERVICES
INDIAN RIVER COUNTY PROJECT NO. IIS -92 -38 -CS
On May 11, 1993, the Indian River County Board of County Commissioners
approved a contract with Marshall; McCully and Associates to design,
permit and inspect the construction of the above -referenced project.
In that agenda item, we proposed two alternatives: 1) Proceeding with
the entire project as an assessment -or 2) Proceeding with a developer's
agreement with Ms. Debbie Barns for sewer service to her -lot within the
Durrance Subdivision. (See attached copy of agenda item) We intended
to utilize a combination of County aerial photos, tax -maps, and plats,
with perhaps one day of actual survey work jointly between the County
and Marshall,_ McCully and Associates to design this project. This
approach was utilized in an effort to keep project costs to a minimum,
in an already high assessment project. As a result of the preliminary
engineering, many errors, omissions, and inconsistencies have been
discovered in plats, surveys, etc., relative to- actual road, canal and
property lines in the project area. The project Engineer, the County
surveyor, and I have generated a scope of services for the necessitated
survey work (see attached). -
ANALYSIS
As a result of the extensive scope of services, it was determined that
the cost of the survey and easement work would well exceed $10,000.00.
We proceeded to negotiate a contract with Masteller, Moler, and Reed,
Inc. The negotiated contract (in the amount of $14,200.00) is
attached. This additional work will increase the project assessment by
approximately 7%. We arrived at a preliminary assessment square
footage of 1,562,569 (this is without a survey), which equates to a
cost per square foot of $0.1462. On. an average 1/2 -acre lot, that
would be an estimated assessment cost of $3,195.12.
Additional costs associated with the individual
connection would be the $2,551.00 impact fee
head pumping system estimated at ± $3,000.00.
42
property at the time of
and the cost of the low
on November 30, 1993, we held a preliminary assessment informational
meeting with the home owners and have since received petitions from
approximately 64% of the property owners against proceeding with this
project due to the anticipated cost. We have made additional inquiries
to the State HRS and DEP offices as to the*!- recommendations with
regard to this project. As can be seen from these letters, both
agencies see this project as necessary. (See attached letters.)
The Utilities Department, has expended less than $3;000.00 on this
project for outside services and wishes (prior to any additional
expenditures) to seek the Board of County Commissioners' direction with
regard to this project.
Our options are as follows:
1) Proceed with the project as originally approved with the
approval of the additional survey contract with Masteller,
Moler and Reed.
2) Cancel or postpone the project and enter into a developer's
agreement with Ms. Debbie Barns as originally proposed in the
May 11, 1993 agenda item. Thus, allowing her to begin
construction of their home.
3) Enter into developer's agreement with Ms. Barns to avoid any
delay in construction of"her home and proceed with project in
option one (1).
�����I -0K
The staff of the Department of Utility Services requests the Board of
County Commissioners to provide direction to the Department and approve
one of the options presented above.
Commissioner Macht asked whether there is evidence of
pollution, and Director Pinto responded that the Utilities
Department did an analysis to see whether this project could be
designed and constructed. The issue of pollution was left to the
Health Department and other concerned agencies.
Commissioner Macht asked whether there have been any
complaints about pollution.
Director Pinto responded that there have not been complaints
on -an individual basis but there is a problem with the river. One
individual septic tank may not cause a problem, but collectively
they will cause pollution.
Commissioner Adams asked why the cost of this project is so
much greater than others.
Director Pinto explained that the problem is that we cannot
use a conventional gravity system. The system will consist of
small -diameter force mains with an electrical system that can
service individual lift stations for each home.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Bird, to approve staff's option 2.
. 43 ��OK 92 KEW
JUN x.41994
Fr- -1
JUN 141994 MOK 9? FACH 643,
Under discussion, Commissioner Macht explained that he made
the motion to cancel or postpone the project because of the absence
of any definitive reports of pollution and in view of what would be
a crippling cost to the property owners.
Commissioner Adams recalled that we made a commitment to clean
up the river, and we should work toward a less expensive method to
handle this specific problem.
Commissioner Macht agreed and clarified that he did not want
to cancel the project but rather defer it for the time being.
Commissioner Bird realized that this area needs sewer lines
and encouraged staff to continue to look for innovative ways to
handle this area. He suggested the word "postpone" rather than the
word "cancel" in staff's Option 2.
COMMISSIONER MACHT AMENDED THE MOTION to include the
word "postpone" rather than the word "cancel" in
staff's Option 2. _
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
WASTEWATER TREATMENT PLANT CONTINUING SERVICES
The Board reviewed memo from Utility Services Director Terry
Pinto dated May 8, 1994:
SERVICES
PREPARED =T21f
ICAIN
AND STAFFED -JECTS-ENGINEER
BY: DEPAR OF UTILITY SERVICES
SUBJECT: WASTEWATER TREATMENT PLANT CONTINUING SERVICES
INDIAN RIVER COUNTY PROJECT NO. US -94 -08 -CO
BACKGROUND
In May of 1994, the staff of' the 7Department of Utility Services went
before the Board of County Commissioners seeking approval of an annual
consulting agreement with Camp Dresser and McKee, Inc. - (See attached
agenda item and proposed contracts).
44
dALXSIS
-As a result of the Board of County Commissioners' inquiries regarding
the proposed operator training, the item was tabled for further price
comparative research and justification: We have completed our
investigation and have summarized. our responses on the attached memo
dated June 2, 1994. The proposed training, if purchased from outside
institutions, will cost approximately $75,000.00.
Should the -Board wish to approve -the work authorization without the
proposed operator training, the fee would be $33,100.00."
RECONIlKENDATION
The staff of the Department of Utility Services recommends approval of
the work authorization as presented in the amount of $59,352.00.
Director Pinto emphasized that it is imperative to have plant
operators who can spot potential problems before they happen
because we are now using our effluent in public access areas. We
do not have the luxury of having a problem happen and fixing it
later. Director Pinto recommended that the Board approve the work
authorization and proposed operator training course. However, if
the Board is opposed to approving the training course, he
recommended approval of the work authorization under the continuing
services contract.
Commissioner Adams was not comfortable with the cost and time
involved, and she was concerned about the engineering firm
producing the training course. She preferred more research to see
what options are available.
Capital Projects Engineer Bill McCain explained that this was
not a recommendation of the engineering firm. The Utilities
Department requested the engineering firm to design a training
program for our plant operators because our wastewater
superintendent tried in vain for several years to find this type of
training. The recommended program is the result of analyzing and
evaluating the means to train our plant operators at the lowest
cost.
Commissioner Bird stated that if we are convinced that we need
this training in order to have reliable plant operators, he would
rely on staff's recommendation.
Utility Services Director Terry Pinto pointed out that part of
the program involves the instructor conducting the courses at our
facility, going into depth about our plant operation specifically,
rather than sending the operators to a school that teaches about
all types of operations.
Commissioner Bird thought it makes sense to have the designers
of our equipment teach the operators.
J 45 MR 92 PAGE 644
US
JUS 1 92 F�n.F.,645
14 994
Commissioner Macht thought the training program was too broad
and expensive, and he suggested further study to find ways to bring
the cost down.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the continuing services contract work authorization
and deferred approval of the training program.
WORK AUTHORIZATION
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
REQUEST TO SET PUBLIC HEARING DATE TO ADOPT ORDINANCE REGARDING
ETHICS AND CONDUCT
Commissioner Macht requested scheduling of a public hearing to
consider an ordinance covering a Code of Ethics and Conduct.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
scheduling a public hearing on July 19, 1994 to
consider an ordinance providing for a Code of Ethics
and Conduct.
PROPOSED PLAN FOR COMMUNITY CHILD CARE RESOURCES
The Board reviewed the following letters from The Children's
Services Advisory Board, dated June 8, 1994, and from Judge
Vocelle, dated June 13, 1994:
46 -"
June S, 1994
TO: Indian River County Board of Commissioners
FROM: The Childrehs Services Advisory -Board
SUBJECT: A proposed plan for'Community Child Care Resources
The following agenda item is the result of the combined
meeting of the Indian River County Board of County
Commissioners and the Indian River County School Board.
At that meeting the Childrens Services Advisory Board was
directed to develop a plan to serve the needs of children at
risk in Indian River County. The committee tried to meet as
many of the suggestions presented - at that meeting within the
monetary constrictions that were perceived at the May meeting
and still provide a quality program to meet the special needs
of children who live in low income families. Low income
families in this instance are families who are working but do
not have the ability to provide day care or pre school for
their children These families will meet the reduced lunch
program at the school district. It has been shown through
research that the children of these programs do profit from
pre school by having a lower rate of involvement with special
schooling, Juvenile Justice system, prisons, and the welfare
programs.
Those suggestions which were not met at this time will be
considered -by the new 501(c) 3 board who will supervise the
Community Child Care Resources program.
June 13, 1994
TO: Boaxd of County Commissioners
FROM: L.B. Vocelle, Chief Judge
Preschool (early intervention) is probably the most
productive one thing that society can do to assist in reducing
teen pregnancy, school dropouts, juvenile delinquency, and the
making of better citizens.
As Family Court Judge of Indian River County I urge the
Beard of County Commissioners to assist in the recommendations
of the Children Service Advisory Council with their program for
preschool (early intervention) to 100 children in Indian River
County.
JUN 14 19.94
47 BOOK 92 PAGE 646
JUN � 41994 BOOK c�2 PACE647
_
Commissioner Eggert asked if the Children's Services Advisory
Committee will oversee this program.
Commissioner Macht agreed that oversight would be a good
procedure when we get to that point. At the very least a liaison
member of the Children's Services Advisory Committee would be on
whatever Board of Directors would be established under a non-profit
501(c)3 plan. We must establish a trust fund and that will require
incorporation under the articles of Florida. We will depend on
advice from our budget officers, our attorney and the Board itself
on how to handle that, but that is not part of the plan under
consideration.
Commissioner Bird asked whether the County's contribution
would be included in 1994/95 fiscal year's budget.
Commissioner Macht responded affirmatively but explained that
some of the funding would be shifted from other agencies to
minimize the impact on the general fund.
Commissioner Bird felt that in approving the plan we are
making a commitment to support it financially.
Commissioner Adams agreed that it involves a financial
decision. She approved the concept of early education but believed
that we must look at the real role of county government. She felt
that education is the purview of the School Board and she was
concerned the School Board is not doing their fair share. She also
wanted to be sure we do not drop this program once it is started.
Chairman Tippin agreed with the comments regarding the costs
but felt that this program is of high priority and that he would
support a motion in favor of the plan, since the matter of funding
will be revisited during the budget process.
Commissioner Eggert agreed with the concept of substitution of
funds rather than additional funding.
Commissioner Macht explained that this program is designed to
prepare children for entrance into school. He emphasized that the
proposed plan is implementable because there is heavy community
involvement. Certain families participate in a similar program
through the welfare system. The proposed plan is intended to help
the families that do not qualify for welfare programs because they
earn a living but they cannot afford the cost of child care.
Commissioner Eggert understood that the School Board will
provide the Pre-K/Early Intervention Coordinator.
Pre-K/Early Intervention Coordinator Kathy Marshall explained
that the proposed program will follow essentially the same
curriculum provided currently to the group of children who qualify
for the free program. The proposed program would serve those who
48
% s
�
are not being served because their families have earned income and,
therefore, do not qualify for the free programs.
Commissioner Bird asked whether we will be -making -a financial
commitment for this coming fiscal year, or if we can approve the
plan without a financial commitment and address that as a separate
issue during budget time.
Commissioner Macht responded that we are making a commitment.
In approving the plan we are indicating an interest and that will
be translated into financial assistance.
Commissioner Eggert made a motion to approve the plan
conditioned on our finding the funds within our budget to cover it.
Commissioner Adams thought we could approve the plan without
any conditions.
Commissioner Macht preferred a motion to approve the plan as
it stands because it is implementable on its own.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht, to approve the Proposed Plan for
Community Child Care Resources.
Under discussion, Commissioner Eggert emphasized that we must
discuss the cost of this program during the budget process.
Bill Roolage, resident of Indian River County for 21 years,
was troubled because he maintained that the School Board has funds
which they do not know how to manage. He contended that our
schools are not used year-round, we do not need new buildings
because buildings do not teach, and the School Board members do not
give respective attention to the basic underlying items.
Carol Mulloy, registered nurse, stated that it was unfortunate
that working mothers are not able to be here to talk about this
plan. She cautioned that unless we plan to increase the welfare
system, we must help these families who want to help themselves.
Our children need this program and we must consider priorities.
As a concerned citizen, she wanted to see public funds go to our
children who are our future.
Carey Hodge stated that both she and her husband are employed,
but they would be better off if she did not work and put their
child in the Headstart Program. She described it as ridiculous and
not fair.
Rosemary Sparks stated that she and her husband own Small
Wonders Child Care Center in Vero Beach. Their clients are
49
JUN 14 1994
Fr- -I
NO 92 FACE 649
JUN x.41994
families where both parents are employed earning minimum wage.
Mrs. Sparks reported that she receives requests for reduction in
the fee because families have just so much money. They want to
provide child care for their children and they need a little
financial assistance. Mrs. Sparks advised the Board that she has
been hurt in the past by the Pre -K and Headstart programs because
her center caters to families in this income bracket. She is in
favor of the proposed plan and urged the Board to bear in mind that
parents should have a choice in the matter of where they take their
children. She sympathized with families who must withdraw their
children from her center and place them in the Pre -K Program
because she has 8 children and went through the same problems. She
urged the Board to help these families because she cannot compete
with the free programs. These families need a little help to keep
their children in private centers, and she believed the funds
should be funnelled through private centers here in Indian River
County. She urged the Board to help these people.
Tracy DiBiasi, medicaid and food stamp recipient, stated that
if the Board does not help her and others like her, she will stay
on welfare the rest of her life. She urged the Board to support
the proposed plan which will help give her daughter a good
education.
Mary Graves, involved with child care in Wabasso through her
husband's company, The Children's House, stated that through her
conversations with Pre -K/ Intervention Coordinator Kathy Marshall
she learned that there are many parents who cannot be included in
the free program because of the strict and inflexible guidelines.
They may earn just $50 per week more than allowed to qualify for
the preschool program, but $50 per week cannot pay for child care
at a private center. Mrs. Graves conceded that the proposed plan
is expensive, but child care is expensive, and raising children is
expensive but not nearly as expensive as the cost of a child in the
juvenile justice system where those costs are multiplied 8 times.
Kathy Cigala, representing Junior Service League of Indian
River County, stated that her organization supports this plan and
has committed $2,000 for the proposed plan. She urged the Board to
support the program to get this project off the ground. Her
organization will do everything they can, but the plan needs the
Board's support.
50
% s
�
School Board Vice Chairman Stan Mayfield explained that this
request did not come from the School Board but was developed within
the Children' -s Services Advisory Committee. The School Board is
involved because there is a successful program in place and the
proposed plan would "piggy -back" onto that ongoing program and
carry child care to those families who are not served with the
ongoing program. This is a step toward efficiency in government.
Gene Waddell, member of the Children's Services Advisory
Committee, explained that the School Board's funds are categorized
and cannot be diverted. The School Board virtually has no control
over the dollars they raise. The funds raised in the County are
distributed through directions from Tallahassee. Mr. Waddell
conceded that we believe that raising children is primarily
parental responsibility, but the entire community influences a
child's development and the entire community is responsible for a
child's development. He characterized the proposed plan as the
consummate public/private enterprise, with funds and effort from
government, volunteer groups and parents combined to help prepare
4 -year-olds for entrance into school. He asked the Board to take
a leap of faith and help baby boys and girls in our community.
Jim Granse, 36 Pine Arbor Lane, concerned citizen, stated that
he was aware of the Board's determination not to raise taxes. He
pointed out that we started out with one school resource officer,
increasing to two, then three, and now we need more, and he was
concerned that the County's contribution to this program will
continue to increase.
Commissioner Adams recognized the validity of the program but
was concerned about the funding source and continued funding of the
program. She cautioned that the County has limited funds and urged
creative means of raising funds, including matching funds from
sources like An Ounce of Prevention. She believed all the Board
members firmly support the concept, but she believes the Commission
is not in a position to commit a particular amount of money.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
51oaK
J U 41994
JUN 141994
FELLSMERE COLLECTION/RECYCLING CENTER
The Board reviewed memo from Commissioner Adams dated June 8,
1994:
TO: BOARD OF COUNTY COMB SSIONERS �,�,,,, AA
FROM: Fran B. Adams, County- Commissionei��f�/-�
RE: Fellsmere Collection/Recycling Center
DATE: June 8, 1994
On December 22, 1992, at the request of then Mayor Joseph P.
Brooks, City of Fellsmere, the Commission motioned that the _
transfer station at the entry of Fellsmere needs to b:;e moved and
to look for a site up to 5 acres and make the move in the most
cost effective way possible.
In discussion with Mr. Pinto, he. prefers that we go to mandatory
pickup and do away with the transfer station.
I am requesting direction from the Commission since the Mayor and
people of Fellsmere still wish to have the transfer station moved
away from the entrance of the town.
Commissioner Eggert asked whether the representatives of the
City of Fellsmere have commented on mandatory waste pickup.
Commissioner Adams advised that the citizens do not feel they
can afford mandatory pickup. She pointed out that when we
eventually go to county -wide mandatory pickup we still will need a
collection center for those items which ordinarily are not picked
up.
Commissioner Bird led discussion regarding the purchase of
another site for the transfer station, and Director Pinto made the
following presentation:
DATE: June 10, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTILITCES
SUBJECT: FELLESMERE COLLECTION CENTER
Attached is an update regarding the Fellesmere Collection Center
for your review.
52 `
Z s �
DATE:
TO:
FROM:
- --------
JUNE 9, 1994
TERRANCE G. PINTO, DIRECTOR
SOLID WASTE DISPOSAL DISTRICT
RONALD R. BROOKS, MANAGER
SOLID WASTE DISPOSAL DISTRICT
SUBJECT: FELLSMERE COLLECTION CENTER RELOCATION
-----------------------------------------------------------------
As you may recall Mr. Wayne Yates offered the SWDD a plan for
relocating the Fellsmere Recycling/Collection Center in order to
remove its presence from County Road 512. His proposal involved
the trading in like -acreage (1.25 acres) of the center property
for property located immediately north of the center. He would
then give an 80 foot right-of-way for access to the new location.
The SWDD would then. construct the new site and the access roadway
with accompanying stormwater management facilities. The
Fellsmere Farms Water Management District offered to provide fill
dirt for the new site to reduce the costs of the new
construction.
The SWDD contracted CDM to evaluate the project and provide a
cost estimate for the relocation of the site. In CDM's completed
report they estimated the relocation costs at approximately
$328,391.
The SWDD Board reviewed the project during a regularly scheduled
board meeting and while questioning CDM's estimated cost they
authorized the relocation of the Fellsmere site with a
recommendation that the new site be at least five acres rather
than 1.25 acres.
SWDD staff forwarded this information to Mr. Yates and requested
a response as to his interest in selling additional acreage to
provide the total of five acres for the new site. Mr. Yates
responded by letter indicating that he would trade property
equalling the usable property on the existing site and sell the
remaining acreage of the 5 acres at $20,000 per acre (Exhibit I).
SWDD staff. researched the usable acreage aspect through the
Department of Transportation and the County Public, Works
Department and found that of the 1.25 acres only 0.97 acres was
usable as the remainder had to be dedicated as road right-of-way
(Exhibit II). A graphic display of the usable property and that
which must be'dedicated right-of-way is provided as Exhibit III.
In view of the high sales price for the property, as stated by
Mr. Yates, it became necessary to obtain an appraisal. of the
property. The SWDD advertised an RFP for appraisal services and
a selection committee selected Deighan Appraisal in St. Lucie
County to provide the services.
Commissioner Adams notified this office by memorandum advising
that another property owner in the area was interested in selling
their property and it might be of use to the District as a new
Fellsmere site. I contacted the property owner and within two
days of doing so received three phone calls from neighbors
protesting the use of the property for a new site.
53
JUN 1. 4 1994
�o0F, 92 Fa;�F 652
Jdd11 1 41994 92 FA,ct. 653
To address the relocation 'issue the SWDD now has an appraisal
firm available for appraising any proposed properties that will
be purchased.' We have budgeted $200,000 in the fiscal year 94-95
budget for purchase of land. We have also budgeted $200,000 for
construction of a new site.
In evaluating the. overall aspects of relocating the Fellsmere
site we have determined that it would be in the SWDD's best
interest to purchase approximately 20-30 acres in the general
vicinity of. Fellsmere, Sebastian, Roseland and Winter Beach.
This site would serve as a north county operations and transfer
area for waste collection, recycling collection, and
landclearing/yard trash processing. If strategically located the
site would allow the elimination/closing of the Fellsmere,
Roseland and Winter Beach Station. As such, the Fellsmere and
Roseland sites would be removed from residential areas and the
Winter Beach site would be removed as somewhat of a redundancy
service.* Under this program we would have the southeast county
site at 2nd Street and Old Dixie, the central county site at
Gifford, and the north county site in the vicinity of Roseland
and Fellsmere. The resulting vacant parcels could then be
surplused.'
RELMUR4 DRAMJAOE
"-LANDS N/F WAYNE YATEB
TRACT 1550 rRoPOSED
ACCESS
TCN 1 i ROAD
li s� r
1 /� 1
PAC00SED RT 512
DRAINAGE REUEF
i
� 1
1 /1
TRACT 1549
J
•FROPW- MAW
/ I 11• -��� 1 J
�TRANSFER .SITE TO
BE ABANDdNED
17
1 i
7� ROAD 51^4
`�'`� �I...411 'til r•.e C1a.2.`
1.
PRO
POSED RELOCATION .�
OF
ROUTE • 512 TRANSFER STATION
NO SCALE NOVEMBER, 1991
54
% qft
�
ar
dp
SOLID WASTE DISPOSAL DISTRICT
FELLSMERE TRANSFER/RECYCLING CENTER
' SITEPLAN
X63
FT "
379 F T.
121 F '
USABLE_LAND _0_9 ACRES
142 FT
CO FT
475 -FT --71,11, 100 F T
CENTERLINE CR 512 MUST BE DEDICATED AS RIGHT OF WAY
0. 4 ACRES'
Discussion ensued regarding the Yates site.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, to authorize staff to obtain
appraisals on the property, and to authorize
Commissioner Adams and Director Pinto to negotiate
the purchase of property from Mr. Yates for a
transfer station.
City of Fellsmere Mayor Renee' Herrera urged the Board to move
this project along. She stated that Fellsmere is at a crucial
stage in its growth and development, and the transfer station,
which she characterized as a dump, is a detriment.
Neil Wocell stated that he operates an insurance agency on
CR -512 and his residence is on that road as well. He urged the
Board to choose a larger site located off CR -512 because as
truckloads of trash are transported, some of the trash flies off
the truck and litters that road. CR -512 is the approach to the
City of Fellsmere and that litter presents a distasteful sight.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
55
JUN 1419,4 Boos FA" 6;)4
jUH 141954
max
EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment the
Board would reconvene sitting as the Board of Commissioners of the
Emergency Services District.
Those Minutes are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of
the Emergency Services District meeting the Board would reconvene
sitting as the Board of Commissioners of the Solid Waste Disposal
District.
Those Minutes are being prepared separately.
There being no further business, the Board adjourned at 11:29 a.m.
ATTEST:
J. K. arton, Clerk
56
ohn W. Tippin airman