HomeMy WebLinkAbout10/4/1994MINUTEAWT ACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 4, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams (Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
9: 00 A. M. I. CALL TO ORDER
2. INVOCATION -
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Renewal of Sebastian Office Lease (7-I)
2. IRC Council on Aging, Inc. (7-J)
3. Change Item 7-F to Item 14-A
4. Employee Appeal Hearing (10)
5. Non -Profit Tax Exempt Status (9-A-2)
S. PROCLAMATION AND PRESENTATIONS
Fourth Quarter Safety Award Presented to Parks
Division of Public Works Department
6. APPROVAL OF MINUTES
A. Regular Meeting of August 9, 1994
B. Regular Meeting of August 16, 1994
7. CONSENT AGENDA
A. Received 6 Placed on File in Office of Clerk
to the Board:
St. Johns River Water Management District -
1994-95 Budget
I.R.C. Hospital District - Final Budget
B. Resignation of Herndon Williams from the Land
Acquisition Advisory Committee
( letter dated September 21, 1994 )
C. Renewal of Abandoned Flow Well Plugging Agree-
ment with St. Johns River Water Mgmt. District
( memorandum dated September 8, 1994 )
D. Award Bid #5007 / Type 1 and I I . Asphalt
( memorandum dated September 20, 1994 )
E. Award Bid #5008 / Uniforms for Fire Emerg. Serv.
(memorandum dated September 27, 1994)
7. CONSENT AGENDA (cont'd) :
F. Award Bid #5015 / Ready Mix Concrete
(memorandum dated September 27, 1994)
G. Request for Floodplain Cut and Fill Balance
Waiver for Indian River Apartments Planned
Development
( memorandum dated September 23, 1994 )
H. Release of Utility Liens
( memorandum dated September 28, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Request by Dannie Decker to Speak to Commission
( letter dated September 27, 1994) _
B. PUBLIC HEARINGS
Water Expansion Plan - Phase V - Resolution III
( memorandum dated September 23, 1994-)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
County Owned Land Swap
( memorandum dated September 28, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
Request from City of Vero Beach for District 5
Traffic impact Fees - 21st St. Widening from
19th Ave. to 14th Ave.
( memorandum dated September 23., 1994 )
11. DEPARTMENTAL MATTERS (cont'd):
H. UTILITIES
1. Petition Water Service - 10th Court SW
Resolution IV - Final Assessment Roll
( memorandum dated , September 23, 1994 )
2. License for Florida Power and Light to
Provide Power Situated in Indian River
County Bent Pine Area
( memorandum dated September 23, 1994 )
3. North U.S. Highway One Water Main - Change
Order No. 1
( memorandum dated September 21, 1994 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MRCHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None "-
15. -
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.
14
October 4, 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, October 4, 1994,
at 9:00 a.m. Present were John W. Tippin, Chairman; Fran B. Adams;
and Carolyn K. Eggert. Also present were James E. Chandler, County
Administrator; Terrence P. O'Brien, Assistant County Attorney; and
P. J. Jones, Deputy Clerk.
Vice Chairman Kenneth R. Macht and Commissioner Richard N.
Bird were on vacation.
The Chairman called the meeting to order, and Commissioner
Fran B. Adams led the Pledge of Allegiance to the Flag.
ADDITIONS TO AGENDA/EMERGENCY ITEMS
Chairman Tippin requested the addition to the Agenda of the
following items:
1. Renewal of the Sebastian Office Lease
Agreement (7-I). _
2. A Memorandum of Agreement IRC Council on
Aging, Inc. (7-J)
3. The change of Item 7-E, Award Bid
#5008/Uniforms for Fire/Emergency Services, to
Item 14-A, to be heard by the Emergency
Services District.
Administrator Chandler requested the addition of the
scheduling of an employee appeal hearing (10).
Commissioner Adams requested the addition of a discussion
regarding non-profit tax exempt status (9-A-2).
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), added the above items to the Agenda and
moved Item 7-E to Item 14-A.
OCTOBER 4, 1994 1
NOOK 03 PAGE 431
PROCLAMATIONS AND PRESENTATIONS
Chairman Tippin presented the Fourth Quarter Safety Award to
representatives of the Parks Division of the Public Works
Department. He thanked the employees for the significant
improvement in the parks over the last several years, and remarked
that the parks are looking great.
INDIAN RIVER COUNTY
Vero Beach, Florida
-- (3!110 is to rertifq thttt
Parks Division
is herehg prtstnteb Ellis
liktfefiLj Atuarb
for autstanbing struirt nub soft ptrfornittut in
- Fourth Quarter Safety Award - -
ou B 4th aa� of October 94
;1 al
airman Risk Managt4r
It is with great honor that the Board of County
Commissioners presents this Fourth Quarter Safety Award
of 1993-1994 to the Parks Division of the Public Works
Department. The quarterly safety award is only issued
when an individual, section 'or division excels in the
commitment to safety and loss control. This commitment
is essential in the reduction of claims and costs to the
citizens of Indian River County.
OCTOBER 4, 1994 2
M
This safety award is presented to the men and women of
the Parks Division, and especially. Parks Superintendent
Jim Romanek, for their dedication to safety, risk
management and loss control. Due to their commitment,
the Parks Division has greatly reduced general liability
claims and lost -time workers' compensation claims. At the
same time, their maintenance program and park
improvements have made Indian River County Parks a
more enjoyable and safe place to visit. On behalf of Indian
River County, this award is presented to the Parks Division
for a job well.done.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meetings of August 9, 1994, or August
16, 1994. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the Minutes of the Regular
Meetings of August 9, 1994 and August 16, 1994, as
written.
CONSENT AGENDA
A. Reports
Received and placed on file in the Office of the Clerk to the
Board:
1. St. Johns River Water Management District -
1994-95 Budget
2. I.R.C. Hospital District - Final Budget
B. Resignation from LAAC
The Board reviewed a Memorandum dated September 21, 1994:
OCTOBER 4, 1994 3
MoK 93 FAGE4 13 1
BOOK PAGE
P.O. Brox 3070
Vero Beach,FL 3294
21 September 1994
Commissioner Ken Macht
Board of County Commissioners
Indian River County
1840 25th St., Suite N-15 Vero Beach, FL 32960
Dear Ken:
Confirming my statement to you earlier today,I have concluded
that it is time to relinquish my position on the Land Acquisition
Advisory Committee and make room for someone new. It has been a
great pleasure serving on the committee under your leadership,
and I am grateful for the opportunity given me.
With best wishes and warm regards,
Sincerely,
Herndon Williams
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), accepted the resignation of Herndon
Williams from the Land Acquisition Advisory
Committee.
C. Renewal of Agreement with St. Johns River Water Management District
The Board reviewed a Memorandum dated September 28, 1994:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. Reat g,p
Community Developmme�e ,, Director
FROM: Roland M. DeBlois,'�1Cp
Chief, Environmental Planning
DATE: September 28, 1994
RE: Renewal of Abandoned Flow Well
Plugging Agreement with SJRWMD
OCTOBER 4, 1994 4
J
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 4, 1994.
DESCRIPTION AND CONDITIONS
Since 1989, the County has participated in a 50/50 cost share
program with the St. Johns River Water Management District (SJRWMD)
to plug abandoned artesian wells. As a result of this program, 72
wells have been plugged or repaired in Indian River County, saving
approximately 16.7 million gallons per day (mgd) of ground water.
Under the program, the County has allocated a total of $30,000
($15,000 for utilities property, $15,000 for county -wide private
property) on a fiscal year basis. In turn, SJRWMD has matched the
county's funds with $30,000 of their own, resulting in a total of
$60,000 per fiscal year allo(7Ated for well plugging.
The original &greement for the well plugging program was executed
on October 3, 1989 to plug abandoned wells on County Utilities
property. In -March, 1990, the agreement was amended to apply
county -wide. The original agreement has been amended four times as
part of an annual renewal process. A fifth amendment to the
agreement is now being brought to the Board for consideration to
renew the contract through fiscal year 1994-95.
ALTERNATIVES & ANALYSIS
The Board of County Commissioners has approved the allocation of
$15,000 in the Utilities Department budget and $15,000 in the
Community Development Department budget for fiscal year 1994-95,
for the County/SJRWMD well plugging cost share program.
Abandoned flow wells result in the unnecessary consumption of
ground water. Moreover, artesian flow wells tend to have high
chloride levels, and in turn lower water quality in the surficial
aquifer, which is commonly used for private potable wells. Renewal
of the attached agreement will result in the continuation of an
important and successful water quality and quantity protection
program.
RECOMMENDATION
Staff recommends that the Board of County Commissioners renew the
abandoned flow well plugging cost share agreement with the SJRWMD
for FY 1994-95 and authorize the chairman to execute the attached
agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the renewal of the abandoned flow
well plugging cost share agreement pursuant to
recommendations by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
OCTOBER 4, 1994
CLERK TO THE BOARD
61
BOOK PACE j
BOOK 93 FnE 434
D. Bid #5007/Type I and H Asphalt/Road and Bridge
The Board reviewed a Memorandum dated September 20, 1994:
DATE: September 20, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admin strator
H.T. "Sonny" Dean,.Director
Department of General services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #5007/Type I and II Asphalt
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: September 7, 1994
Advertising Dates: August 24, 31, 1994
Specifications Mailed to: Thirteen (13) Vendors
Replies: Three (3)
BID TABULATION BID TABULATION
Dickerson of Florida Inc SEE ATTACHED BID
Orlando, FL TAB SKEET
Ranger Construction
Ft Pierce, FL
Martin Paving
Daytona Beach, FL
RECOMMENDATION:
1. Staff recovamends that the bid be awarded to Dickerson
kerson
of Florida Inc as the lowest, most responsible bidder
meeting specifications.
2. Establish an Open End Contract with Dickerson of -
Florida Inc with a not to exceed amount of $100,000.00
during the period.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase, vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the award of Bid #5007 to
Dickerson of Florida, Inc. with a not -to -exceed
amount of $100,000, pursuant to recommendations of
staff.
OCTOBER 41 1994 6
E. Moved to Emergency Services District Meeting
F. Bid #5015/Ready Mix Concrete/Road and Bridge
The Board reviewed a Memorandum dated September 27, 1994:
DATE: September 27, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi s
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5015/Ready Mix Concrete
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: September 7, 1994
Advertisin Dates:
Specifications Mailed to: August 1994
Replies: Ten (
Two (22))) Vendors
VENDOR BID TOTAL
Russell Concrete $141,500.00
Vero Beach, FL
Rinker Materials $152,5-00.00
Vero Beach, FL
RECOMMENDATION:
1. Staff recommends that the bid be awarded to Russell
Concrete -as the lowest, most responsible bidder meeting
specif cations.
2. Establish an Open End Contract with Russell Concrete
with a not to exceed amount of $25,000.00 dur ng the
periud GuLober 1, 1994 thru September 30 1995. Last
year's expenditures were $is,0oo.00
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the award of Bid #5015 to Russell
Concrete with a not -to -exceed amount of $25,000, as
recommended by staff.
OCTOBER 4, 1994 7
Pg s R
9 3
P00F PA.vE kJ0
4
BOOK W PAGE 436
G. Floodplain Cut and Fill Balance Waiver for Indian River Apartments
Planned Development
The Board reviewed a Memorandum dated September 23, 1994:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
and
Roger D. Cain, P �—
County Engineer
FROM: David B. Cox, Px -
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Indian River Apartments
Planned Development
REFERENCE: PD -94-11-13/94020072-005
DATE: September 23, 1994 CONSENT AGENDA
Carter Associates on behalf of Indian River Holdings, Inc., the developers of Indian River
Apartments Planned Development is requesting a waiver of the cut and fill balance requirement of
Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. Indian River
Apartments received preliminary plat and plan approval from the Planning and Zoning Commission
on September 8, 1994. The project is located on Indian River Boulevard south of 14th Street and
east of 3rd Court adjacent to Rock Ri,Age subdivision. The entire site, is located in special flood
hazard area Zone AE with base flood elevations of 7.0 ft. and 8.0 ft. N.G.V.D. The ten year
stillwater elevation is 3.8 ft. The proposed displacement of the floodplain below 4.0 ft. for which
the waiver is requested is 22,009 cubic yards as indicated in the attached letter from the applicant's
engineer dated September 23, 1994..
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being
situated in an estuarine environment within the 100 year floodplain along the Indian River and in
staffs opinion it appears that all other Stormwater Management and Flood Protection Ordinance
requirements can be met without adverse impact on other lands in the estuarine environment.
A S.J.R.W.M.D. Management and Storage of Surface Waters Permit has been approved for the
project. A request for a Land Development Permit waiver has been received by the Public Works
Department.
OCTOBER 4, 1994 8
Approve the cut and fill balance waiver request.
Alternative No. 2
Deny the waiver request and require re -design to accomplish an on-site balance of cut and fill.
ATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the cut and fill balance waiver
request for Indian River Apartments Planned
Development as recommended by staff. -
H. Release of Utility Liens
The Board reviewed a Memorandum dated September 28, 1994:
TO:
FROM:
BOARD OFCOUNTYCOMMISSIONERS
Lea R. Keller, CLA, County Attorney's Office .
DATE: September 28, 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. Satisfaction of Impact Fee Extension:
KOFKE
2. Phase III Water Special Assessment:
HONEYCUTT
MIBON
3. Summerplace Water Special Assessment:
SEA SIDE HOMES
4. 12th Street Water Special Assessment:
HARVEY
KOFKE
OCTOBER 4, 1994
0
H OK FAGS B�
H OK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the release of the utility liens
recommended by staff.
LIEN RELATED DOCUMENTS ARE RECORDED -IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA
I. Sebastian Office Lease Agreement
W PAGE 438
The Board reviewed a Memorandum of September 30, 1994:
DATE: SEPTEMBER 30, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TIMU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR-**?
DEPARTMENT OF GENERAL SERVICES
SUWECT: -SEBASTIAN LEASED OFFICE SPACE - TAX COLLECTOR
BACKGROUND:
The former Tax Collector negotiated office space at Sebastian
Square, in Sebastian. It is being paid from that budget. The
lease is set to expire October 1, 1994 and Karl Zimmermann
requested that this writer negotiate a new lease, since we were
getting a better price for similar space in the same complex.
ANALYSIS:
We have accomplished that request and are now paying -the same price
for all the leased area, which is $7.25 per square foot.
RECOMMENDATIONS:
Staff is recommending renewal of the lease at an annual cost of
$18,175.75 for 2,507 square feet. The monies for this cost are in
the Tax Collector's budget. It is also requested that the Chairman
be authorized to execute the applicable documents.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved renewal of the lease at an annual
cost of $18,175.75 for 2,507 square feet, as
recommended by staff.
LEASE IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
OCTOBER 4, 1994 10
T. Agreement with IRC Council on Aging
The Board reviewed a Memorandum of Agreement between Indian
River County and the Indian River County Council on Aging, Inc.:
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the Memorandum of Agreement as
recommended by staff.
MEMORANDUM OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
DANNIE DECKER REQUEST TO SPEAK TO COMIVIISSION
The Board reviewed a letter from Dannie Decker dated September
27, 1994:
COUNTY COMMISSIONERS
1840 25TH ST.
VERO BEACH, FL. 32960
TO WHOM IT MAY CONGIMN,
SEPTEMBER 27,19%
DANNIE DECKER
2745 53RD AVE.
VERO BEACH, FL 32966
SZ — 3 a 3 .�s�21 28
� SEp1gg4
ti g ptOa
-� 0EE11'�
I AM WRITING THIS LEITER SO I CAN BE PLACED ON THE AGENDA
FOR
OCTOBER 4, 1994.
I WANT TO SPEAK TO THE COUNTY COMMISSIONERS CONCERNING
THE ISSUE OF MY DOGS. I BELIEVE THEY HAVE TAKEN THIS ISSUE FAR
ENOUGIL MY DOC DID NO HARM TO ANYONE. I DO NOT DESERVE THE
TREATMENT I AM RECEIVING FROM THE COUNTY. IF THE COUN'T'Y
WANTS TO PUNISH ME FOR SUPPOSEDLY NOT FOLLOWING SOME CODE ,
THEN FINE ME AS ORDERED IN CODE ENFORCEMENT ORDERS AS OF
AUGUST 1. 1994.
PLEASE DO NOT TAKE THIS OUT ON AN INNOCENT ANIldAL. I WOULD
LIKE TO ENTER PAPERS SHOWTNO TI3E COUNTY HAS THEMSELVES BEEN
THE ONES IN THE WRONG
THANK YOU
OCTOBER 4, 1994 11
800 �� FA16 E
POOK UW Pal 446
Chairman Tippin advised that although the Board cannot
intervene in the Court proceedings, Mr. Decker was welcome to
speak.
Dannie Decker, 2745 53rd Avenue, stressed that he is not
asking for help but wanted the Board to know that his family and
children have been negatively affected by the situation involving
his dog. On April 16, 1994, he was issued a violation for his dogs
running at large. He was not cited for vicious dogs, but people
came to his house and told him the dog would be declared vicious
because of complaints by the neighbors. Mr. Decker was appalled
that the County could do this to him and he has taken it to Court.
Tammy Phipps, Mr. Decker's -fiancee, pointed out that in all
these years only 2 dogs in the county have been declared vicious.
Mr. Decker realized the neighbors were upset and scared, but
his dog only jumped the fence. He questioned why the County would
take the dog away and destroy it just because it jumped the fence
and barked at people. His dog did not. bite, growl or scratch
anybody. He felt this is not the dog's fault and the dog should
not be punished for his oversight. Furthermore, he could not
understand why Animal Control staff would be allowed to sit in
Court on this case and get paid for it out of taxpayers' money.
Chairman Tippin asked Mr. Decker to keep himself under
control. He emphasized that the Board has seen the file and the
Code Enforcement Board is handling the matter. He then called for
any other comments or pertinent questions.
Mr. Decker advised that he was fired from the job he held for
3 years with American Cylinder because of this situation.
Assistant County Attorney O'Brien emphasized that the Board
has no jurisdiction in this matter_ which the Code Enforcement Board
handles. Apparently the matter is now before Circuit Court and the
Board cannot interfere.
Mr. Decker responded that he was not asking the Board to take
any action, but merely to look at the matter.
Chairman Tippin advised that the Board will continue to look
at the matter.
NON-PROFIT TAX EXEMPT STATUS
The Board reviewed a letter from James P. Wilson, Attorney,
dated October 3, 1994:
OCTOBER 4, 1994 12
JAMES P. WILSON
ATTORNEY-AT-LAW
JAMES P. WILSON
MEMBER OF:
FLORIDA BAR
David C. Nolte, ASA
Indian River Property Appraiser
a 1840 25th Street
Vero Beach, Florida 32960
RE: Property Tax Exemption for Orange Blossom Village
Dear David:
3625 20TH STREET • SUITE A
P.O. Box 2454
VERO BEACU. Fiomi A 12961
(407) 567-3414
FAX (407) 567.3426
October 3, 1994
This office has been retained by Frank L.-Zorc, who has questioned your office's
determination that Orange Blossom Village is entitled to exempt status from property
tax assessment on the basis that they are a non-profit corporation. — As you know,
Florida Statute Section 196.195 sets forth certain criteria which shal] be applied to
your office's determination as to whether an applicant will be entitled to a tax
exemption.
As you are well aware, Mr. Zorc has requested, pursuant to Florida Statute Chapter
119, commonly known as the "Florida Public Records Law", that your office release
information from its files to determine whether or not the proper inquiry was made
prior to the exemption being granted. I have supplied copies of Mr. Zorc's previous
correspondence to you on this subject to refresh your recollection. Mr. Zorc has
provided me with correspondence from your office wherein you claim that the records
requested were exempt from disclosure under the public records law. I reviewed the
statute that was cited in your letter, Florida Statute Section 201.022, and I feel that
your reliance upon that statute is misplaced.
Section 201.022, Florida Statutes, ..provides that certain records regarding
consideration paid for interests in real property shall be exempt from disclosure under
the public records law. The exemption from disclosure is specifically limited to
records contained upon the return which states the actual consideration paid for the
interest in real property. It has nothing to do with determination of whether or not
the property qualifies for non-profit status and therefore exemption from taxes.
Your application of Section 201.022, Florida Statutes, to Mr. Zorc's request is totally
nonsensical as the price of real property in question has nothing to do with his request
nor does it have. anything to do with the determination of non-profit and tax exempt
status. Mr. Zorc does not care how much the property costs. However, the
determination made by your office as to whether or not the property qualifies for
exempt status is a process which is discoverable through the public records law. Your
office simply can not grant tax exempt status to property under a ,state statute which
requires that certain findings be specifically made without revealing the basis for those
findings to the public. - The decision of whether or not to grant tax exempt status is
appealable at the Value Adjustment Board. I presume that such an appeal could be
made by a member of the public, or by the applicant, depending on the determination
made by your office. I am not aware of any law which would require you to make
certain findings and then conceal the results of those findings from the public, while
granting or denying tax exempt status to an individual or to a corporation.
OCTOBER 4, 1994 13 '
BOOK mA
BOOK U3 PAGE 444
David C. Nolte, ASA
October 3, 1994
Page Two.
I am sure you are aware that Mr. Zorc, or any other concerned tax payer has a right
to file a lawsuit so that the Circuit Court can decide whether or not the record
' requested falls under the recognized, exception to the public record law. In the event
a member of the public is successful in obtaining release of records that a government
official has attempted to withhold under the public records exception, such member
of the public would be entitled to such reasonable attorney's fees incurred in forcing
the official to reveal those records which should properly be made public. Therefore,
I urge you to reconsider your previous decision and allow Mr. Zorc to review your
department's rile to determine whether or not your department made the proper
finding prior to awarding tax exempt status to the Orange Blossom Village.
Thank you for your considcration.
u
cc: Indian River County Commission
Mr. Frank L. Zorc
Frank Zorc, 2501 27th Avenue, thanked the Board for the
opportunity to speak and stated that he just wants the right to
inspect the public records covering non—profit tax exemption
status, particularly a retirement village with offices in Atlanta,
Georgia. He was told that he could not see documents dealing with
the exemption status and on September 10, 1994, he wrote to
Property Appraiser David Nolte asking to review the records before
the tax rolls closed. However,: Mr. Nolte refused to open the
records to him which is why he is appealing to the Board. He felt
the taxpayers have the right to access these records.
James P. Wilson, Attorney representing Mr. Zorc, maintained
the records compiled by the County should be made public with
certain exceptions. He emphasized that they have no option but to
go to Circuit Court if their request is denied.
Assistant County Attorney O'Brien advised that these
exemptions are renewed each year unless waived and the applicant
must file a financial history. He agreed with Attorney Wilson that
the statute regarding non-profit exemption states that these are
public records; however, the Property Appraiser is an independent
constitutional officer and the Board has no right to compel him.
OCTOBER 4, 1994 14
Commissioner Adams suggested that Mr. Nolte be advised to
allow Mr. Zorc and Attorney Wilson access to the records they are
seeking.
Chairman Tippin stated that the consensus was that he have a
conversation with Appraiser Nolte regarding this matter.
Attorney Wilson expressed his appreciation for the Board's
time and action.
PUBLIC HEARING
WATER EXPANSION PLAN - PHASE V - RESOLUTION III
The Board reviewed a Memorandum dated September 23, 1994:
DATE:
SEPTEMBER 23, 1994
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE G. PINTS !/"f1'?"Pt—
DIRECTOR OF UTILITY SERVICES
PREPARED
C/
JAMES D.CHASTOLITNY7V
AND STAFFED
MANAGER OF ASS PROJECTS
BY:
DEPARTMENT OF SERVICES
SUBJECT:
WATER EXPANSION PLAN - PHASE V
RESOLUTION III - PUBLIC HEARING
INDIAN RIVER COUNTY PROJECT NO. UW -93 -33 -DS
BACKGROUND
On September 13, 1994, the Indian River County Board of County
Commissioners approved Resolutions 94-110 (Resolution I) and 94-111
(Resolution II), which contained the preliminary assessment roll and
established the date of the public hearing for the subject project.
Property owners have been notified of the public hearing by
certified mail. Resolution 94-110 was published in the PRESS
JOURNAL on September 17, 1994. (See attached agenda item and
minutes for the above meeting.)
ANALYSIS
4
Design of the water distribution system is complete. Approval of
the attached Resolution III will confirm and approve the preliminary
assessment.
Informational meetings were held for the property owners on
September 21, September 27, and September 28 at 7:00 p.m. in the
County Commission Chambers. Attached are Resolutions I and II for
the assessment project. The attached map displays the area to
benefit from the assessment project. The project will generally
serve the following described areas:
OCTOBER 4, 1994 is r-�
goo PAGE
POOK 3 PnuE 44
Subdivision Unit Lots IDs Location
------------7-------------------------------------------------------
Glendale Park 44 21 South of 8th Street to
(a portion of) 6th Street, 13th and
14th Avenues
Oslo Park
Oslo Park
Grovenor Estates
179 124 North side
7th Street
Street SW,
SW
3 120
74
4 116
85
5 163
129
6 199
154
7 209
127
of Oslo Road,
SW, to 9th
to 12th Avenue
13th Street SW, to 17th
Street SW, 17th Court SW,
to 27th Avenue SW
1 9th Street
Street SW
2 31st Avenue
Avenue SW
2A 391 329
SW, to 15th
SW, to 39th
Non -platted Parcels 30 30 Throughout the above areas
------------------------------------------------------------------
Total 1451 1073
The total estimated project cost is $1,945,240.46, less a
non -assessed transmission main cost of $62,445.00. The total cost
to be assessed is $1,882,795.46. The cost per square foot is
$0.152621.
Ninety-eight percent of the properties are substandard or
"undersized," according to Indian River County's Comprehensive Plan
and the County Public Health Unit, Division of Environmental Health,
which require that new lots utilizing well and septic systems be a
minimum of one-half acre. If served by a public water system, the
lot may be reduced to one-quarter acre in size. Lots not meeting
these minimum standards are called "undersized lots."
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached resolution.
The hour of 9:05 a.m. having passed, the Assistant County
Attorney announced that the public hearing has been properly
advertised on September 16, 1994 and September 23, 1994 as follows:
OCTOBER 4, 1994 16
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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the . Court, was pub-
lished In said newspaper in the issues of M2
Afflant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
• M •t
Y JIM& 29 C
N' �+1997
i1 •i(472 i
••,,�`OF FLO4��'��
before me this day o D. 19
SPRAGUE, NOTARY PURLIC,
Covmission Number: CC30/0572
Notary: BARBARA C. SPRAGUE
0
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5=dy,Of � � p noft ofPIJ�IC HEI�RNO scheduled for 90 A.M. an
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WATER MAN EXTENSION GROWTH PAW, end
p� for spedal assessment Ilene to be merle
Any who -On th@ any decisbn witch
r be made at ft wi need to enetre-
ilmt a wabatlm record of the proceemp b meds,
which
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Anyone who needs a epedd eooarrrodetion for
with imtk t�ilea 0Act Counts the Cos Anwicene
A) CaordiWor at 567-
rt�50�0O. gE,,xt. 408, at 48 hours in adranoe of the
Sept 1S, M 19%1' °i 1131874
Steve Moler of Masteller & Moler, Inc., explained that Phase
V covers 4 specific areas: the Grovenor Estates area, just south of
Oslo Road; Oslo Park, Units 3 through 7; Oslo Park, which does not
have unit numbers; and two streets in Glendale Park just south of
8th Street. There are 4 discontiguous areas in this project that
are all covered under this one assessment.
Utilities Director Terry Pinto explained that the project is
being broken up into 3 contracts in order to give an opportunity to
some of the smaller contractors to bid in order not to knock out
the local contractors because it is such a large project.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
John Hett of 4820 48th Place, President of Stolle Development
Corporation which is responsible for 6% of the assessment for the
whole water project to the tune of about $106,000, did not feel the
3 -day notice was adequate time to prepare for this public hearing.
OCTOBER 4, 1994 17
BOOK ZJ FAGE
boa `3 FAu 446
He asked that his part of the assessment be deferred. There are 5
different parcels being assessed which are contiguous but not
enjoined, and he asked for clarification on whether they would have
guaranteed access to the 30' Indian River Farms Water Control
District drainage ditch right-of-way that sits in the front of the
property. Mr. Hett wanted assurance that -if they pay for this
assessment, they are going to have access to all the parcels
because they want to sell the lots individually. He would like the
opportunity to sit down and research this with the Water Control
District and talk with County staff a little bit more. Another
concern is whether any portion of the assessment might be in lieu
of impact fees and, if so, whether they would get a credit on any
of that money when and if they develop the property.
Director Pinto explained that the portion of the project that
is considered a master plan size line is extracted out of the
portion of the project that is assessed. These portions were
removed to eliminate any administrative confusion later on. Staff
feels there is access to the property and that there is a benefit.
However, staff recognizes the large parcels that Mr. Hett and
others have and they only assessed a maximum of 150 foot depth
anywhere on this project. There are more linear feet per total
square footage than most of the other projects, which raises the
per square footage cost somewhat. In some of the other
assessments, staff is going back as much as 200 feet for some of
the deeper lots with smaller frontages. In this project, there are
many 50 foot lots that only go 130 feet deep, which raises the cost
per square foot.
Commissioner Adams understood that if each one of -the parcels
were owned separately, there still would be adequate access to get
to each one, and Director Pinto replied there would be access.
Charles A. Weber, Jr. of 1146 35th Avenue SW, affirmed his
support of the Grovenor Estates project.
Mark Tripson, 5020 12th Street, secretary at Jo -Bar Farms,
Inc., inquired if they would be guaranteed water for their entire
piece of property. Director Pinto advised they certainly would be
guaranteed water for whatever portion is being assessed. The
entire system is master planned for the entire service area. For
example, if you are being assessed for 150 feet of property, your
guarantee is that service is available for that 150 feet.
Hurley Roundtree, 6566 1st Street SW, asked for assurance that
his grove is exempt from the assessment and Steve Moler stated that
Mr. Roundtree's grove was not included in this assessment.
OCTOBER 4, 1994 18
� ® r
B. J. McCullers, 650 13th Avenue, presented letters from
several neighbors in favor of the water project. He stated that he
has better water in his home than the County's water but he would
"bite the bullet". Mr. McCullers inquired how the money was used
that was loaned to the Indian River County South Municipal Water
Taxing District in 1979 by the Farmers Home Administration. He
understood it was to be used to fund the cost of a master plan of
that area by Beindorf & Associates, but felt those funds may have
been used in connection with the plan for getting water to the
Grand Harbor project.
OCTOBER 4, 1994 19 mor � F,E 447
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Director Pinto understood the original district was set up
back in 1979 to fund the original study on accommodating the south
county with water, and that was all the money was used for. He did
not remember the exact cost of the study, but he understood the
original plan was paid for by the Taxing District out of a
$10,000,000 loan from Farmers Home Administration. The plan was
prepared by Beindorf & Associates and was just a master plan. Then
the County hired Sverdrop & Parcel. The -south county wastewater
treatment plant was built and lines were constructed to service
some portions of the south county after the County enacted a new
master plan that would look at servicing the entire county. It
should be understood that all of the areas where the master plan
lines have gone are funded strictly through impact fees and none of
these properties being assessed will pay any portion of capital for
capacity of the master plan lines and the plant. Now the entire
county is master planned and the plan has been upgraded as we've
gone along.
Mr. McCullers also asked why they were put back on 13th Avenue
when they had believed there would be water in that area right
away, and Director Pinto advised that one of the first things the
County had to do was to get the master plan size lines established
throughout the county and then devise the phasing projects to fill
in all of the areas to have the actual service. The big lines were
laid out throughout the county and now the County is going through
a phasing process and just doing the areas that are set forth in
the phases.
Mr. McCullers then inquired why the taxpayers of Indian River
County now pay to have it done all over again, and Director Pinto
explained that we did not do it all over again, just.updated it.
The original plan only took into account a very small service area
and did not consider the real development points throughout the
County. Director Pinto also advised that Grand Harbor was required
to fund the construction of their own water lines so none of that
cost was involved with any of the Farmers Home Administration money
or any of the other money that the County borrowed.
Mr. McCullers then inquired about the method the County is
planning to use to put the pipe through with regard to the
driveways in the area, and Director Pinto advised the County is
requiring the contractor to bore under the driveways so that they
are not disrupted, unless there is some reason why the contractor
indicates to the County that it is not possible. In that case, the
County would authorize the contractor to cut the driveway. If that
OCTOBER 4, 1994 21
P00lS �� FAGE �I�
had to be done, the cutting would be done all the way back to a
joint, to avoid extra joints in the driveway.
"Duke" Oster, Utilities engineer, explained there are
different methods which can be used for going under driveways, but
that decision is left to the contractor with the understanding that
he must have the County's approval because one method is not
allowed. Mr. Oster stressed that the main consideration regarding
the size of distribution lines is fire protection. If the County
was not concerned with fire protection, we could use smaller lines;
however, the system is designed to deliver fire flow throughout the
County. He also advised that people should understand that they
are not being assessed on linearfeet of the cost for each specific
street but for linear feet of the entire project based on total
square footage. Therefore, the size of the main in front of your
property does not affect your assessment as a whole, you are
getting the same benefit as everyone else as far as water
availability --for consumption and for fire flow.
John Colegrave, 715 13th Avenue, was in favor of the water but
felt it would behoove the Commission to study the distribution of
the 1979 Farmers Home Administration funds.
Bill Barnhouse, 706 13th Avenue, stated that he has been
trying to get water in his neighborhood for 10 or 12 years but
would like to see an investigation of the FHA funds. Mr. Barnhouse
also inquired when the decision would be made.
Chairman Tippin stated that the Board would make the decision
to proceed today and then the bids will be received.
Faith Fried, 966 34th Avenue SW in Grovenor Estates, agreed it
will be good -for Grovenor Estates to have its own water, -sewage and
roads but has a personal problem in that she is allergic to the
chemicals in city water. She inquired whether she would have any
assurance that she would be allowed to keep her well or, should the
well go dry, dig another one for personal health reasons.
Director Pinto replied that this assessment does not mandate
connection to the water system. The cost of the lines are
assessed, but connection is at your option: If your well goes dry,
the permitting of wells is handled by the Health Department. There
are provisions for connection to water and for connection to
wastewater to plead hardship because of a health problem.
Kevin Hawkins, 4604 Bethel Creek Drive, stated that he has
approximately 130 lots in Oslo Park and is in favor of the water
line; however, he is objecting to the cost of the project. His
assessment in Phase III came to $.115 a square foot and now the
proposed Phase V assessment has jumped up 28% to $.1525. The Phase
OCTOBER 4, 1994 22
III project is substantially done and coming on line and that was
$.1149 a square foot. From Phase II to Phase III the assessment
went up around 20% and now we're actually about 60% above Phase II.
He questioned the accelerating costs and stressed that the water
assessments in .Oslo Park are going to be more than 500 of the
assessed value of the lots. Mr. Hawkins urged the Commission to
take a look at the costs for the entire water expansion project and
thanked the Commissioners for their consideration.
Mr. Chastain addressed Mr. Hawkins' concerns and explained it
is difficult to compare one project to the next. For Phase I the
average square footage of the properties served was 15,724 square
feet. For Phase V the average square footage of the properties
served is 11,416 square feet. In Phase I we had 15,700,000 square
feet of assessment and Phase V only has 12,318,000 square feet, so
it is not a fair comparison to say Phase V is $.15 a square foot
and 40 or s_o.percent higher than Phase I.
Director Pinto emphasized that this is not a cost of
government but a cost to government. We have set this up so no one
engineering firm is doing all of the projects and to keep the phase
sizes close to the same. It is set up to make it attractive enough
to get competitive bidding, and fair enough to keep all of the
consulting firms on sort of an even basis so that one is not
getting more work than the other. When the projects are bid, we
are fortunate enough in Indian River County that we get a large _
participation in competitive bidding, anywhere from 5 to 10 or 12
bidders, with bidders from local contractors and from contractors
out of Michigan. One of the problems that we run into -involves the
time in getting the project approved, which means that the
difference between our estimates of the cost and the actual cost
varies a great deal, but it should be understood that the numbers
being discussed today are the maximum numbers that can be assessed.
Any comparison should be based on linear feet of pipe with a
reference to the total square footage of the property. This
project has a lot of linear feet of pipe and minimal linear feet
which is being funded through impact fees so that virtually
everything in this project is being assessed.
Mr. Hawkins still urged the Commission to compare what we have
been paying for these various factors of construction, engineering,
and administration, because he does not see any justification why
the price per square foot is going up 28% from the other 3 phases.
Attorney James Wilson stated that he represents Mr. and Mrs.
Dale Jacobs, owner of property on the outer edge of the assessment
district near Grovenor Estates. Mr. Jacobs' address is 3590 11th
OCTOBER 4, 1994 23 rM
BOOK JJ F,1 E �
EOOK W I -AGE 452
Street SW and he has lived there since 1981. Mr. Jacobs does not
oppose the water project but his is not a substandard lot described
as a public health hazard; adjacent to those parts of the project
that do need public water. The average assessments for these
parcels are probably less than $2,000; however, Mr. Jacobs'
assessment for 2 acres which contains one single-family regular 4 -
bedroom home, is $13,272.99. Mr. Pinto will tell you that the
assessments are on a per square foot basis which is a good basis if
you have equal uses for the parcels. When you look at a larger
parcel that could be divided or subdivided, a per square foot basis
makes sense because that property can be subdivided into many small
parcels and the cost per parcel when it is subdivided becomes the
same as everybody else's cost. Those larger parcels are subject to
development and must comply with the Comp Plan by placing those
areas in an urban service district rather than an outside district.
Mr. Jacobs cannot subdivide his property as his home is in the
middle of 2 acres and he cannot create additional lots to reduce
the per unit cost of these water lines. Mr. Jacobs is obviously in
the minority because the vast majority of the people here are
living on smaller lots and they are going to have smaller
assessments. Mr. Jacobs' impact to the water system on his 2 -acre
parcel, however, is no different than the impact of a 75 -foot or
50 -foot lot with a home on it. Only the new lots that are
developing can be forced to hook up as they develop. Despite the
fact that we have identified public health risks, you are not
forcing people to hook up, you are just forcing them to pay for the
water lines so they are available at some point if they voluntarily
hook up or tf, under your ordinances, a situation is triggered
through a building permit or otherwise, which would force them to
hook up. In Mr. Jacobs' case, the water lines are not going to be
far from his home. In the event he sells his property in the
future or decides to apply for building permits to expand the use
of his property, the County could, at that time, force him to hook
up and pay his impact fee, together with the cost of the assessment
for the water lines; in other words, the $13,000 cost would have to
be factored into the other costs. At this point, this is a
tremendous burden upon him to pay this amount of money just for a
water line to be run when his impact is very minimal and the chance
of recovering the money through increased value of his property or
through the use of it or subdivision is virtually nonexistent. For
the smaller lots, there is no question that their assessment cost
probably will be recovered by the increase in value to their
property but it's not the same proportional increase to Mr. Jacobs'
OCTOBER 4, 1994 24
property. Essentially, what we are asking you to do is to exclude
Mr. Jacobs because he is not a public health threat, he doesn't
need water, and taking him out of this district will not affect the
provision of service to those areas that really need to be included
within that district.
Commissioner Eggert remarked that Mr. Jacobs may not wish to
subdivide at this time,.but he can subdivide should he wish to do
SO.
Attorney Wilson responded that Mr. Jacobs would have to plat
a road down one of the boundaries or through the center of the
property.
Director Pinto advised that the Board has set a policy that
would assess a maximum of 2 acres for a single lot with a specific
depth. If you do not assess the larger property owners at least to
a maximum of 2 acres, you are penalizing the small property owners
because square footage represents the linear feet requirements in
order to service a property.
Attorney Wilson stated there are 5 -acre parcels next to Mr.
Jacobs that are only assessed for 2 acres with the back 2 acres not
being assessed which have twice the impact as his, but which are
being assessed for the same amount. Those parcels are all 325 feet
wide, where Mr. Jacobs' property is 169 feet wide. County
development regulations call for a 60 foot right-of-way for a road
so any road would have to go straight down the middle of this 2 -
acre parcel. If you take 60 feet out of the middle, that leaves
two 50 -foot deep lots which you would not be able to build on
because you need 25 -foot run setbacks and 20 -foot back setbacks
under current County subdivision regulations. The other large
parcels are being assessed for only the front portion, and Mr.
Jacobs' assessment is nearly as high as the largest piece of
property in this assessment district.
Chairman Tippin raised the possibility of applying the 150 -
foot rule to Mr. Jacobs' property.
Mr. Wilson responded that essentially Mr. Jacobs would be
paying about three-quarters of what the 5 -acre parcels are paying
but he has less than one-half the property.
Director Pinto stated that it is obvious that Mr. Jacobs can
build a larger house than the people with 50 -foot lots and there
truly is more benefit than the 50 -foot lot owner. If the benefit
is not actual consumption, it is fire flow. We are building the
water line and the dollars are being spent and if you exempt
someone, it only carries over to someone else. This specific
OCTOBER 4, 1994 25
Board PAGE 454
example is what drove us to the 2 -acre formula. It is very much
like all of the other properties that were in the other district.
Commissioner Eggert emphasized that you cannot treat a 2 -acre
parcel one way in this project and differently in another project
unless there is really a very special reason for it.
Director Pinto suggested that if you assumed this parcel was
part of the neighboring properties, you could go the same depth
that they are being assessed which is around 320 feet.
Mr. Wilson advised that Mr. Jacobs would be perfectly happy if
the Board would consider assessing the front 150 feet of his
property, reducing the assessment to less than $4,000.
Commissioner Adams noted that the assessment then would be
approximately $8,100 which puts it on an even keel with the other
multi -acreage property owners.
Bruce Barkett, attorney representing Timber Ridge, presented
a sketch that he prepared and explained that Timber Ridge is being
assessed for_.two streets -- 7th Street SW which is approximately
4.5 acres, 1,320 feet long, and 10th Avenue which is another 4.5
acres, 1,320 feet. Timber Ridge will not get its water from either
of these lines, but from Rebel Road. The project will probably
benefit from the line running on 7th Street SW which could help
with looping and water flows, but the project will not benefit in
any way from the line running along 10th Avenue, north and south.
This is basically a subdivision expansion project. That piece of
property is only 220 feet wide and it can't be developed
residentially. Timber Ridge doesn't have any objection to paying
its assessment on the 7th Street, SW property, where they are being
assessed for- 150 depth at $30,000; however, they -do have an
objection to being assessed for the 10th Avenue line because that
doesn't provide them any benefit.
Chairman Tippin inquired if it has already been determined
definitely that Timber Ridge will have access from Rebel Road and
Mr. Barkett replied that it's as definite as it can be.
Director Pinto explained that, if it can be proven that
there's absolutely no benefit, it shouldn't be assessed. However,
if it can be determined that the property could be developed in any
fashion and would benefit, then they should be assessed.
Andrew Mustapick, of 700 Timberidge Trail, Vero Beach, advised
the Board that all of Timber Ridge's development is going to be a
planned unit development which they intend to wall off. They are
going to come in off 20th Avenue and Rebel Road and the community
OCTOBER 4, 1994 26
will be completely self-contained. The only possible use that
Timber Ridge could have would be for a looping system which might
benefit them in some way. What they are being asked to do is to
pay twice for water lines.
Arlene Zorc of 4 Seahorse Lane, Vero Beach, explained that her
property on 795 12th Avenue backs up to the nursery but is zoned
residential. Everything else is zoned commercial and the most you
could ever do with it is put a minimal house on it. The $7,383
assessment, together with the cost of water hookup, would be
approximately $9,000 just to get the water there for the privilege
of building one minimal house.
Commissioner Eggert noted that the property is zoned to allow
a multi -family residence.
Mrs. Zorc could not imagine anyone doing something like that
as it's all commercial -- repair shop, auto repair, etc. It's just
not an ideal% situation to build multi -family residential.
Director Pinto pointed out that the assessment already has
been reduced to 150 feet.
Property Appraiser David Nolte advised this parcel of 119,000
square feet had been assessed for $18,000, and was reduced to
89,250 square feet using the 150 foot rule, which reduced the
assessment to $13,621.
There being no others who wished to be heard, Chairman Tippin
closed the public hearing.
Andy Mustapick, Jr. asked if he might comment and Chairman
Tippin responded that the public hearing had been closed but he
would reopen it to allow Mr. Mustapick to address the
Commissioners.
Mr. Mustapick, Jr. explained that the line along 7th Avenue
simply provides Timber Ridge with a loop back system and there is
no other benefit. He understood the intent was for those who
benefit to pay for their share in -terms of how much they benefit.
He asked that Timber Ridge just be required to pay for the line on
7th Avenue SW.
Commissioner Adams remarked that everyone who files a
development plan in the County sincerely wants to develop and
expects to get it done, but the Board cannot assume that it will be
done. Sometimes something happens where they have not been able to
follow through on the plans and the question of how to make it fair
is a big frustration for the Board.
Chairman Tippin then moved that the resolution be passed with.
two exceptions; one that the Jacobs' property assessment be changed
OCTOBER 4, 1994 27
ROOKPAGE 455
C1 '
R00� PAGE56
to 320 feet deep by 160 times the frontage, and one that the
Mustapick property be assessed only for 7th Street SW.
Commissioner Eggert responded that she could not second the
Motion, and Commissioner Adams inquired about the Zorc piece.
CHAIRMAN TIPPIN STATED THAT THE MOTION DIES FOR LACK OF A
SECOND, and asked for another motion.
:i
90 O
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved Resolution 94-126, confirming the
special assessments in connection with Phase V of
the Water Main Extension Growth Plan and providing
for special assessment liens to be made of record,
with the following exceptions: (1) changing the
Jacobs property to 3201 X 16911 removing 6001 from
the 19th Avenue line and assessing for 6951; and (2)
changing the Mustapick (Timber Ridge) property to be
assessed only for 7th Street SW.
Public Hearing (Third Reso. )
0/18/94(n®®op11aaa83 Vlc/DC
IN THE RECORDS Or
Cl ERK CIRCUIT COO ,
INDIAN RIVER 00"FIS►.
RESOLUTION NO. 94-_�
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH PHASE V OF THE WATER MAIN
EXTENSION GROWTH PLAN 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. 94-110, adopted September 13, 1994,
determined to make special assessments against certain properties to be
OCTOBER 4, 1994 28
serviced by Phase V of the Water Main Extension Growth Plan of the
Lo
County; and
0
WHEREAS, said resolution described the manner in which said
'4
0
special. assessments shall be made and how said special assessments are
-=
- to be paid; and
is '
WHEREAS, the resolution was published in the Vero Beach Press
ro
Journal, as required by Section 206.04, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 94-111 on September 13, 1994, which set
' a time and place for a public hearing at which the owners of the
properties to be assessed and other interested persons would have the
chance to be heard as to any and all complaints as to said project and
said special assessments, and "for the Board to act as required by
Section 206.07, Indian River County Code; and _
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, September 16,
1994, and Friday, September 23, 1994 (twice one week apart; the last
being at least one week prior to the hearing) , as required by Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian
'—
.
O
River County Code; and
GIN
WHEREAS, the Board of County Commissioners of Indian River
0
County on Tuesday, October 4, 1994, at 9:05 a.m. conducted the public
o
W
hearing with regard to the special assessments,
m
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.
OCTOBER 4, 1994 29
BOOK fAfE7
11
BOOK 93 PAGE 458
RESOLUTION NO. 94- 1 ti
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 Absent
Commissioner Richard N. Bird Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 4 day of October, 1994.
BOARD OF AUNTY COMMIB$IONERS
INDIAN RIV R. GOUNTY ORIDA
t:
By G
" Jo n r.
Jeffre {. Bart , Clerk �/ Chairman
SCHEDULING OF EMPLOYEE APPEAL HEARING
The Board reviewed a Memorandum dated September 2.9, 1994:
TO: Board of County CommissionersDATE: September 29, 1994 FELE:
SUBJECT: Employee Appeal
FROM: James E. Chandler
County Administrator REFERENCES:
A request has been received to set a date for a Board Appeal Hearing of my
determination upholding the demotion of a Buildings and Grounds employee. The
Administrative Policy Manual requires the hearing be within 30 days. It is
requested that at the October 4, 1994 meeting, the Board consider establishing
the date and time for the hearing.
OCTOBER 49 1994 30
Upon being advised that Commissioners Macht and Bird would be
back in town on October 17th, the Board scheduled this hearing for
Wednesday, October 19, 1994, at 9:00 A.M.
COUNTY OWNED LAND SWAP WITH ANDY MUSTAPICK
The Board reviewed a Memorandum of September 28, 1994:
DATE: SEPTEMBER 28, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUBJECT: COUNTY OWNED LAND SWAP
BACKGROUND:
Mr. Andy Mustapick, part owner of Timber Ridge has made a proposal
to swap a piece of property owned by him for a parcel the exact
same size owned by the County.
Attached is a map depicting the location of the two properties
which are adjacent to the old landfill, at 1st Street SW off Old
Dixie Highway.
The property belongs to our Utility Department and they agree with
swap.
RE9.0 ENDATIONS:
Staff recommends approval and requests authorization to publicize
the proposed swap as required by Florida State Statue 125.37. A
resolution will be brought back to the Board for their approval.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved publicizing the land swap with
Andy Mustapick as required by Florida Statute
125.37, as recommended by staff.
OCTOBER 4, 1994 31 BOOK 93 PAGE 459
BOOK W PAGE 460
DISTRICT 5 TRAFFIC IlVIPACT FEES/CITY OF VERO BEACH
The Board reviewed a Memorandum of September 23, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Direct
SUBJECT: Request from City of Vero Beach for District 5
Traffic Impact Fees - 21st Street Widening
from 19th Avenue to 14th Avenue
REF. LETTER: Monte Falls to James Davis dated Sept. 9, 1994
DATE: September 23, 1994 FILE: 21SRWIDE.AGN
DESCRIPTION AND CONDITIONS
The City of Vero Beach Engineering Department is currently designing three
lane widening improvements to 21st Street between 19th Avenue and 14th
Avenue. At this time, the city is requesting a $350,000 allocation from the
District 5 Traffic Impact Fee Fund to implement project construction. This
project was considered by the MPO on May 11, 1994(minutes excerpt attached)
and approved.
ALTERNATIVES AND ANALYSIS
Staff has prepared a 5 -Year cash flow chart for each Traffic Impact Fee
District so that project funding can be tracked. The chart was prepared
placing the project in the FY96/97. The City would like to accelerate the
funding to FY94/95. A recent detailed review of the cash flow chart by staff
indicates that the funding can be accelerated without a significant impact to
the program.
RECO�DATIONS AND FUNDING
Staff recommends that District -5 Traffic Impact Fee funding in the amount of
$350,000 be approved for the 21st 'Street widening project during the 1994/95
Fiscal Year. Funding to be from Fund 101-155-541.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved the District 5 Traffic Impact Fee
funding in the amount of $350,000 for the 21st
Street widening project during the 1994/95 fiscal
year, as recommended by staff.
OCTOBER 4, 1994 32
PETITION WATER SERVICE/10TH COURT SW
The Board reviewed a Memorandum of September 23, 1994:
DATE: SEPTEMBER 23, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATORS®RVICES
FROM: TERRANCE G. PINrJ-40
DIRECTOR OF UTILITY n
PREPARED JAMES D. CHASTAeILIMTY
AND STAFFED MANAGER OF ASSPROJECTS
BY: DEPARTMENT OF SERVICES
SUBJECT: PETITION WATER SERVICE - 10TH COURT, SW
(SOUTH OF 9TH STREET SW/OSLO ROAD)
INDIAN RIVER COUNTY PROJECT NO. UW -93 -29 -DS
RESOLUTION IV - FINAL ASSESSMENT ROLL
On February 22, 1994, the Indian River County Board of County
Commissioners approved Resolution III, No. 94-36, for the
preliminary assessment roll on the above -referenced project.
Construction of the project has been completed. We are now ready to
begin customer connections and request the Board of County
Commissioners' approval of the final assessment roll (see attached
minutes and Resolution III).
ANALYSIS
The preliminary assessment was for an estimated cost of $35,845.79,
which equated to $0.09870278024 per square foot of property
assessed. The -final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $33,302.66, which
equates to a cost of $0.085574 per square foot.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve adoption of Resolution IV.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), adopted Resolution 94-127, certifying "as -
built" costs in connection with a water main
extension to 10th Court, SW (South of 9th Street,
SW/Oslo Road).
OCTOBER 4, 1994
33
100K 93 PAGE 461
1 `3 F'AcE46
As Built* (Final Reso.) 1 1, --
*Adding one One Extra Parcel to Assessment Roll
I. IN THE RECORDS OF
JEFFREY K. BARTON CLERK C RCUIICOURT
RESOLUTION No. 84- 12 7 INDIAN RIVER CO., FLA.
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH A
WATER MAIN EXTENSION TO 10TH COURT, SW (SOUTH OF 9TH
STREET, SW/OSLO ROAD) AND SUCH OTHER CONSTRUCTION co
NECESSITATED BY SUCH PROJECT/ PROVIDING FOR FORMAL cri
COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT C3
PENALTY AND INTEREST.
CT
v
WHEREAS, the Board of County Commissioners of Indian River county
determined that water improvements for properties located within the
area of the 10th Court Water Main Extension are necessary to promote the
public welfare of the county; and
�
• WHEREAS, on Tuesday, February 22, 1994, the Board held a public
r
o
hearing at which time and place the owners of property to be assessed
v
appeared'before the Board to be heard as to the propriety and advis-
ability of making such improvements; and
WHEREAS, after such public hearing was held the County Commission
adopted Resolution No. 94-36, which confirmed the special assessment
cost of the project to the property specially benefited by the project
in the amounts listed in the attachment to that resolution; and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 94-36,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as followss
1. Resolution No. 94-36 is modified as follows: The completion date
' for the referenced project and the last da that a
Y payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 8% per annum may be made
in ten annual installments, the first to be made twelve months from
the due date. The due date is ninety days after the passage of
this resolution.
3. The final assessment roll for the project listed in Resolution No.
0
94-36 shall be as shown on the attached Exhibit "A" and shall '—
O
include one additional parcel tb-be included on a voluntary basis, Ce)
C91
i.e., #25-33-39-00006-0040-00022.4 which is owned by Charles Henry, CC -1
O
Jr. and Lynette M. Wiggins, shown as attached Exhibit "B." N
GJ
CA)
OCTOBER 4, 1994 34
M IM
M
4. The assessments shall stand confirmed and shall be legal, valid,
and binding first liens against the property against which such
assessments are made until paid.
S. The assessments shown on Exhibit "A," attached to Resolution No.
94-36, were recorded by the County on the public records of
Indian River County, and the lien shall remain prima facie evidence
of its validity. The assessment shown on Exhibit "B,{' attached to
this.resolution, shall be recorded on the public records of Indian
River County, and this lien shall remain prima facie evidence of a
binding first lien against the property shown.
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 Absent
Commissioner Richard N. Bird Absent
Commissioner Carolyn K. Eggert Aye -
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 4 day of October, 1994. ; ^C
BOARD OF COUNWtOMM,iSSIONERS
INDIAN: RIVER''0i1 VY., kLORIDA
Attests
By
• o n Tipp t; • ,
�Je 're!R. BartClerk t"p Chairman
r •,
D, e
Attachments: Exhibit "A" - Final Assessment Rollo.-XLO' 11RG d
Exhibit "B" - one Additional Parcel
to be Assessed
OCTOBER 4, 1994 35
1P00F 93 PAGE 463
ROOF W FAGS k -
LICENSE FOR FLORIDA POWER AND LIGHT TO PROVIDE
POWER WITHIN COUNTY PROPERTY AT BENT PINE
The Board reviewed a Memorandum of September 23, 1994:
DATE: September 23, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI !p
DIRECTOR OF UTILITY S CES
PREPARED ROBERT 0. WISEMEN, P.E. �
AND STAFFED ENVIRONMENTAL ENGINEER 19"414
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: LICENSE FOR FLORIDA POWER &,LIGHT TO PROVIDE
POWER SITUATED IN INDIAN RIVER COUNTY
BENT PINE AREA
BACKGROUND AND ANALYSIS
Florida Power and Light (FPI,) requires the County to provide them
with an easement or license giving authority for them to provide
service to the County property at Bent Pine.
The Department of Utility Services staff has prepared a license to
be approved and executed by the Chairman of the Indian River County
Board of County Commissioners,
RECOMMENDATION
The staff of the Department of Utility Services recommends that
execution of the attached license for Florida Power and Light to
provide service within the County property at Bent Pine.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved execution of the license for
Florida Power and Light to provide service within
the County property at Bent Pine pursuant to
• recommendations by staff.
LICENSE IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
OCTOBER 4, 1994 36
NORTH U.S. #1 WATER MAIN/CHANGE ORDER NO. 1 - SPEEGLE
CONSTRUCTION
The Board reviewed a Memorandum of September 21, 1994:
DATE: September 21, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PIDT^
DIRECTOR OF UTILITY AERVICES
PREPARED WILLIAM F. M
AND STAFFED CAPITAL P rILNITY
INEER
BY: DEPAR OF SERVICES
SUBJECT: NORTH U.S. HIGHWAY ONE WATER MAIN
CHANGE ORDER NO. 11 IRC PROJECT NO.
BACKGROUND AND ANALYSIS
UW -93 -30 -DS
On July 5, 1994, the Indian River County Board of County
Commissioners approved a contract with Speegle Construction, Inc.,
for the above referenced project in the amount of $1,137,000.00.
On August 12, 1994, the notice to proceed_ was issued for this job.
Due to complications with the delivery of materials and a very
tight construction schedule, (i.e., 120 days) we have elected to
modify the specified pipe material. (See attached letter of
recommendation for the Engineer)
The County adopted the use of this class of pipe sometime ago and
concurs with the engineer's recommendation. The approval of this
change order will result in a contract decrease of $25,541.25.
This change results in a new contract price of $1,111,458.75.
RECOMMENDATION
The staff of the Department of Utility Services recommends the
approval of Change Order No. 1 to the above referenced contract as
presented.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board, by a 3-0 vote
(Commissioner Macht and Commissioner Bird being
absent), approved Change Order No. 1 with Speegle
Construction .for a new contract price of
$1,111,458.75, a reduction of $25,541.25, as
recommended by staff.
OCTOBER 4, 1994 3 7; j
M0 PAGE 4601
r> 466 a �
RUCK. Pr
EMERGENCY SERVICES DISTRICT
The Chairman announced that, immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Emergency
Services District. Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried,
the -Board adjourned at
vk�t
ATTEST:
'
J. rto f CIpkk .,.
12:18 p.m.
1 e
4P �.
J n Tipp n airman
Minutes Approved :` �
OCTOBER 4, 1994 38