HomeMy WebLinkAbout10/18/1994MINUTES dMrTACi IED �
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, OCTOBER 18, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman (Dist. 4) James E. Chandler, County Administrator
Kenneth R. Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams ( Dist. 1) Charles P. Vitunac, County Attorney
Richard N. Bird ( Dist. 5 )
Carolyn K. Eggert (Dist. 2) Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
7-I Juvenile Justice Council
13-C-1 Resolution Declaring Shoreline Emergency
13-C-2 Support of Dr. Flax's Permit Request
13-E Discussion re alcohol and topless dancing
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of August 23, 1994
7. CONSENT AGENDA
A. Received E Placed on File in Office of Clerk to
the Board:
Office of the Medical Examiner, District 19,
June, 1994 Expenditure Report
Report of Convictions, September, 1994
-' B.
-Final Plat for The Laurels S/D,
Phase I
( memorandum dated October
10,
1994 )
C.
Release of Utility Liens
( memorandum dated October
7,
1994 )
D.
Release of Utility Liens
( memorandum dated October
3,
1994 )
E.
State of Florida - Dept. of Health
and Rehabili-
tative Services Contract
(memorandum dated October
10,
1994)
F.
Arbitrage Rebate
( memorandum dated October
12,
1994 )
7. CONSENT AGENDA (cont'd.) :
G. Deletion of Bleachers from Fixed Assets
.( memorandum dated October 12, 1994 )
H. Modification of Payment Schedule - U.S. Army
Corp of Engineers Breakwater Monitoring Contract
( memorandum dated October 11, 1994 )
8. CONSTITUTIONAL OFFICERS AND - - -
GOVERNMENTAL AGENCIES
SHERIFF GARY WHEELER:
Request from Sheriff's Dept. for Authorization to
Purchase "Stop Sticks" from Special Law Enforcement
Trust Fund
(backup under separate cover)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
Request to Approve a Negotiated Compliance
Agreement with The Department of Community -
Affairs for the Indian River Mall
( memorandum dated October 7, 1994 )
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request for Board Approval of Revisions to the
Land Acquisition Guide Regarding Appraisals,
Negotiation, and Confidentiality Requirements
( memorandum dated October 11, 1994 )
_ B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
I. Oslo Road, Additional R -O -W; Parcel #127,
Father and Son Appliance Company
(memorandum dated October 10, 1994)
G. PUBLIC WORKS (cont'd. ):
2. Murphy Deed Road Reservations Agreement
With Atlantic Coastal Title Corp. (Atlantic)
( memorandum dated October 6, 1994 )
3. Sandridge Maintenance Barn Improvements -
Final Payment
( memorandum dated October 4, 1994 )
4. Request for County to Accept the Following
Road for Maintenance - 11th Terrace S.W.
( memorandum dated October 5, 1994 )
S. Request by I.R. Soccer Assoc. for License
Agreement to Develop a 15.6 Acre Soccer
Complex on Designated Fairground Lease
Parcels - Hobart Park
( memorandum dated October 7, 1-994)
6. CR512 Corridor Improvements - Change Order
No. 1, Martin Paving Company
( memorandum dated October 10, 1994 )
7. Request from Edmund Cannon to Post 16th
Ave. Between 2nd St. & 4th St. "No Parking"
( memorandum dated October 11, 1994 )
8. Force Main 6 Roadway Improvements - Oslo
Road & Old Dixie Highway, Change Order #1
( memorandum dated October 12, 1994 )
H. UTILITIES
None
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
1. .1994 Legislative Delegation Meeting
( memorandum dated October 11, 1994 )
2. Supporting Resolution Regarding Passenger
Service on FEC Corridor
Amemorandum dated October 12, 1994)
3. Early Release for Sexual Predators
( memorandum dated October 12, 1994 )
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
13. COMMISSIONERS ITEMS (cont'd. ):
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL
DISTRICT
1. Approval of Minutes
- Meeting
of 8-9-94
2. Approval of Minutes
- Meeting
of 8-23-94
3. Financial Assurance
( memorandum dated
September
29, 1994 )
4. Full Cost Accounting and Annual. Report
( memorandum dated
September
29, 1994)
S. Wetlands Mitigation
(memorandum dated
October 4,
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.
r
October 18, 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 18,
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 P. J.
Jones, Deputy Clerk.
Chairman Tippin called the meeting to order, and Commissioner
Kenneth R. Macht led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Adams requested two additions to today's Agenda:
1. Resolution requesting declaration of a
shoreline emergency (13-C-1).
2. Discussion of Dr. Michael Flax's sea wall
permit request (13-C-2).
Commissioner Macht requested the addition of a letter of
resignation received from Jeanine Chapp R.N. from the Juvenile
Justice Council (7-I).
Commissioner Eggert requested the addition of a discussion
regarding the City of Vero Beach's ordinance on alcohol and topless
dancing (13-E).
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously added the
above items to the Agenda.
OCTOBER 18, 1994
1
BOOK
BOOK 6 L. 5 1 2.
APPROVAL OF AMUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of August 23, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Regular Meeting of August 23,
1994, as written.
CONSENT AGENDA
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. 1994 Expenditure Report, Office of the Medical
Examiner, District 19
2. Report of Convictions for September, 1994
B. Final Plat for The Laurels S/D, Phase I
The Board reviewed a Memorandum;of October 10, 1994:
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE:
Robert M. Rea in , AIC
57
Community Devel went irector
THROUGH: Stan Bolin AICP
Planning Director
FROM: John W. McCoy, AICP '-1r6VN
Senior Planner, Current Development
DATE: October 10,-1994
SUBJECT: Final Plat for The Laurels Subdivision Phase I
(SD -92-10-05)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 181 1994.
OCTOBER 18, 1994 2
L- I
DEVELOPMENT & LOCATION:
The Laurels Subdivision Phase I is a 28 lot subdivision of a 10.80
acre parcel of land located on the north side of 8th Street at 39th
Avenue. Three additional phases comprised of 85 lots on. 27.18
-acres will be constructed and final platted in the future to make
113 lots for the overall subdivision. The subject property is
zoned RS -61 single family residential (up to 6 units per acre) and
has an L-2, Low Density 2 (up to 6 units per acre) land use
designation. The proposed density for this phase is 2.59 dwelling
units per acre, while the density for the overall subdivision is
2.98 dwelling units per acre.
At its regular meeting of August 27, 1992s the Planning and Zoning
Commission granted preliminary plat approval for the entire
subdivision, including Phases I through IV. On April 121 1994,
the Board of County Commissioners granted the developer's request
for a preliminary plat extension. The owner, Laurel Homes, Inc.,
is now requesting final plat approval for Phase I and has submitted
the following:
1. A Phase I final plat in conformance with the approved
preliminary plat.
2. A cost estimate for construction of remaining required
improvements.
3. A contract for construction for the remaining required
improvements.
4. A letter of credit to guarantee the construction.
ANALYSIS:
A majority of the subdivision improvements have been completed,
with the exception of a sidewalk, roadway signage and markings,
sodding and some off-site utility work necessary to provide the
subdivision with sanitary sewer service. A contract for
construction for the remaining required improvements along with a
letter of credit to secure the contract has been submitted by the
applicant. The .County Engineering Division and Utility Services
have approved the amount of the letter of credit as being adequate
to cover the cost of the remaining required road, drainage,
sidewalk, and utility improvements. The County Attorney's Office
has approved the contract for construction and the format of the
letter of credit.
All applicable requirements regarding final plat approval have been
satisfied. Pursuant to the county's LDRs, once all construction is
completed, the applicant will be required to submit a warranty
maintenance agreement and post security to guarantee for 1 year the
performance of publicly dedicated subdivision road and drainage
improvements.
RECOMMENDATION:
Based on the above analysis, staff recommends that- the Board of
County Commissioners grant final plat approval for The Laurels
Subdivision Phase I, authorize the Chairman to sign the contract
for construction, and accept the letter of credit.
OCTOBER 18, 1994
3
BOOK U�d PAGt1'
J
_I
BOOK
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the final plat for The Laurels Subdivision Phase I;
authorized the execution of the Contract for
Construction of Required Improvements with Laurel
Homes, Inc.; and accepted the Letter of Credit, as
recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
C. Release of Utility Liens
The Board reviewed Memorandum of October 7, 1994:
3
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Sandy Wright, County Attorney's Office
DATE: October 7, 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
BRYANT
JOYCE
RUPFERER
LOCHETTO
MC RENZIE
STONECIPHER
WALRER (2)
2. Phase I Water Project
LOCHETTO
SODERLUND
3. Phase II Water Project
BEATTY
WOOD
4. Phase III Water Project
DIAZ/NIETO STEM
GRICE TURNER
DENNIS/HANISAK WINTERS
-TURK VASLOWSKI
ROSENBERG VAKDES-RODRIGUEZ
SHAVER
OCTOBER 18, 1994 4
S. Wood Hollow Water Assessment
GRATTON
6. Courtside Water Project
KUPPERER
7. Eight Street Water Project
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the releases of utility liens as recommended by
staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
D. Release of Utility Liens
The Board reviewed Memorandum of October 3, 1994:
TO: BO�ARDD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: October 3, 1994
RE: RELEASE OF UTILITY LIENS
The documents are in proper form for. the Board of County commissioners
to authorize the Chairman to sign so thattheycan be recorded. The
names and projects are:
1. Satisfaction of Impact Fee Extensions:
DALTON/TORNONE WOOD
2. Green Acres Water Special Assessment:
THOMAS
3. Phase III Water Special Assessment:
DAHNE MARTINDALE
-- SCHMALE SBABDUE
SPROFERA
4. Summerplace Water Special Assessment:
RANDOLPH JR.
S.. 12th Street Water Special Assessment:
CHAPMAN
OCTOBER 18, 1994 5 BOOK 93 PAGE 515
BOOK 93 FA(E 0 fl
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the releases of utility liens as recommended by
staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE --
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
E. State of Florida/BRS Contract
The Board reviewed Memorandum of October 10, 1994:
TO: Members of the Board
of County Commissioners
DATE: October 10, 1994
SUBJECT: STATE OF FLORIDA -DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES CONTRACT
CONSENT AGENDA
FROM: Joseph A. Bair,
OMB Director
DESCRIPTION AND CONDITIONS
The HRS - Indian River County Public Health Unit has submitted their annual contract to the county
under F.S. 154. As in prior years, staff would like to remove the word "cash" from page 5, Section
IX, Subsection B, last sentence.
1RFCOI IVILENDATION
Staff recommends approval of this contract after the above change has been made.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the annual contract between the County and State of
Florida, Department of Health and Rehabilitative
Services, with the change of the deletion of the
word "cash" on Page 5-, _Section IX, Subsection B,
last sentence as recommended by staff.
CONTRACT,IS ON._FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
OCTOBER 18, 1994 6
F. Arbitrage Rebate
The Board reviewed Memorandum of October 12, 1994:
TO: Board of County Commissioners
DATE: October 12, 1994
SUBJECT: Arbitrage Rebate
FROM: Edwin M. Fry, Jr, Finance Director
I t
Background Information
The arbitrage rebate for the General Obligations Bonds, Series 1989
in the amount of $166,442 is due to the United States Treasury
Department. This amount is based upon calculations performed by
Coopers & Lybrand, LLP in accordance with the County's contract
with Coopers for arbitrage rebate calculation services.
Arbitrage is defined as the interest earnings in excess of the
interest earnings that would be received if the bond proceeds were
invested at the same interest rate as that paid on the bonds that
were issued. The Treasury Department has issued extensive
regulations regarding the calculation of the arbitrage rebate and
when the rebate is due. According to the regulations, the County
must remit the arbitrage rebate every five (5) years from the date
of issuance of each bond issue or within 180 days of the final debt
service payment on each bond issue. The final debt service payment
on the General Obligation Bonds, Series 1989 was July 1, 1994.
Coopers & Lybrand, LLP has prepared the Arbitrage Rebate reporting
form. This form requires the signature of an officer. Since the
Chairman of the.Board of County Commissioners signed the reporting
documents required by the Treasury Department when the Bonds were
issued, it will be necessary for the Chairman to sign the Rebate
reporting form.
Requested Action
Request the Board of County Commissioners to authorize the Chairman
of the Board to sign the Arbitrage Rebate form.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
execution of the Arbitrage Rebate Reporting Form as
prepared by Coopers & Lyband, LLP, pursuant to
recommendations by staff.
REPORTING FORM IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
OCTOBER 18, 1994 7
Boos 93 PAU
BOOK U3 PACE 518
G. Deletion of Bleachers from Fixed Assets
The Board reviewed Memorandum of October 12, 1994:
TO: Board of County Commissioners
THROUGH: Joseph A Baird, Budget Directo 10
FROM: Edwin M Fry, Jr, Finance Director
DATE: October 12, 1994
SUBJECT: Deletion of Bleachers From Fixed Assets
Background
The County owns bleachers which are used by the Recreation
Department and the Parks Department at various locations throughout
the County. It is very difficult to track these bleachers by asset
number since the property tags are continually removed and there is
no serial number or other identifying number on the bleachers.
Since the bleachers serve a unique purpose and are not easily
converted to other use, we believe that removing them from the
fixed assets inventory would not expose the County to a significant
risk of loss. Jim Davis, Public Works Director- and Pat Callahan,
Recreation Director have agreed With our suggestion to delete the
bleachers from the Fixed Assets Inventory. The value of the fixed
assets that we are proposing to delete from the Fixed Assets
Inventory is $23,417.28
Recommendation
Staff recommends that the Board of County Commissioners approve the
deletion of bleachers from the Fixed Assets Inventory.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the treatment of the bleachers owned by the County
as a non -capital expenditure and their deletion from
the Fixed Assets Inventory as recommended by staff.
H. U.S. Army Corp. of Engineers Breakwater Monitoring Contract
The Board reviewed Memorandum of October 11, 1994:
OCTOBER 18, 1994 8
TO: James E. Chandler,
County Administrator
through: James W. Davis, P.E.,
Public Works Director
FROM: Don G. Donaldson, P.E.,�
Coastal Engineer
SUBJECT: Modification of Payment Schedule - U.S. Army
Corp. of Engineers Breakwater Monitoring
Contract
ref. letter:
DATE: October 11, 1994
FILE: CERCREV.AGN
DESCRIPTION AND CONDITIONS
On August 26, 1994 _the Board approved a contract with USACOE-CERC for PEP
Reef monitoring, and the contract was sent to the Corp. for execution. To
ensure funding to allow CERC to travel to Vero Beach for meetings with local
and State officials, and for preparation of a draft monitoring plan, CERC
requested that the Payment Schedule be revised. The Not -to -Exceed total of
$23,000 was not changed. The incremental payments are changed as follows:
Incremental Payment No. 1 from $5,000 to $10,000
Incremental Payment No. 2` From $5,000 to $ 7,000
Incremental..Payment No. 3 From $5,000 to $ 6,000
Incremental. Payment No. 4 Finn $8,000 to Eliminated
nate]
RECOKNENDATIONS AND FUNDT�►Tt`
Staff recommends approval of the noted changes and requests the Chairman
execute the contract with the changes.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the changes to the incremental payments schedule as
contained in the contract with U.S. Army Corp. of
= Engineers pursuant to recommendations by staff.
CONTRACT WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
OCTOBER 18, 1994 9
BOOK 93 PAGE 519
I. Juvenile Justice Council Resignation
The Board reviewed a letter of October 7, 1994:
UVEN-1 LE
USTI C 34
P.O. Box 2851 • Vero Bch, rIorida &
oyM
n
� m
October 7, 1994
Ken Macht, Commissioner
Indian River County
1840 25th St. Suite N-158
Vero Beach, Fl. 32960
- • Dear Ken,
UNCIL
1 • (407) 569-9788 4
p! aJRIQU�- N
CCiMMiS310n@rs
�Qr;4nns1
Puiaiic Works
Cai11munity DQv..�----
Utilities
Finance
ONIG
Emorg. Serv.
Risk W.
ti.har
Sadly for me, I have had to resign my position with the
Juvenile Justice Council of Indian River County. It was a
hard decision for me to make, but it came as a result of my
position change (different coporate philosophy) and my
return to Florida Atlantic University to continue my education.
Hopefully that old adage is'true; you're never too old to learn.
I have asked Reck Niebuhr to represent the Juvenile Justice
Council at the Childrens' Advisory Council and he has
agreed. I hope that works well for you. I will sincerely miss
the wonderful people who care so much for our children I
Sincerely,
• Jeanine Chapp R.N.
ON- _MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the ---resignation of Jeanine Chapp R.N. from the
Juvenile Justice Council of Indian River County..
OCTOBER 18, 1994 10
RHT!S DEPARTMENT/"STOP STICliCR'I
The Board reviewed a letter of October 14, 1994:
tf
,*�htr f
° GARY C. WHEELER • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE 407-569-6700
October 14, 1994
OC?'1994
ADMINISnNTpa
to �FICE
The Honorable John Tippin, Chair
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Commissioner Tippin:
Re: STOP Stick
This letter is a request to expend $45,692 from the Law Enforcement Trust Fund to
purchase the initial supply of "STOP Sticks" for this agency. Each officer will be
equipped with an alternative method to stop a fleeing vehicle in a pursuit situation. I feel
this product offers a safer means to end a potentially -dangerous circumstance. I, along
with several members of my staff, attended a demonstration of this product on
Wednesday of this week at the Sebastian Municipal Airport. We were all impressed with
what we saw.
I will be pleased.toattend your next meeting to answer any questions you may have. I
am enclosing a copy of the brochure which explains the features of the product.
Sincerely,
Gary C. Wheeler, Sheriff
OCTOBER 18, 1994 11 W 521
Commissioner Bird expressed his concerns that in order for the
"stop sticks" to work effectively, someone has to be ahead of the
car and the car has to stay in that lane. He wondered how we can
be sure other people will not get there first. He understood the -=
theory but wondered if all circumstances must be present in order
for this to work. Sheriff Wheeler responded that, in most cases,
they have plenty of preparation time.
Sheriff Wheeler reported that he had looked at other equipment
which was not as well designed. This design is very light and easy
to handle. You can throw it in front of the car or- you can hook
them together and pull a line of them across the road in front of
the vehicle. When the car hits it, the tire goes flat in 3 or 4
blocks. Sebastian, Indian River Shores, Brevard, St. Lucie, and
Martin Counties, as well as the state of Arizona, are already using
them and he believes that in 5 years every police car in the
country will be equipped with them. He emphasized the safety in
that the tire is punctured but control is not lost, the car is
simply slowed down. He attended a demonstration at the Sebastian
Airport and they always got at least one tire on a car. This is a
new program and the company will replace for free any "stop sticks"
used in the first 5 years. He anticipated a decrease in the
purchase price through negotiation. -
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously approved
the purchase of the "STOP Sticks" in the amount of
$45,692 from the Law Enforcement Trust Fund, as
recommended by staff.
NEGOTIATED COMPLIANCE AGREENUM/DCA/INDIAN RIVER
MALL
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
OCTOBER 18, 1994 12
IIIIIIII
NOTICE'. OF PUBLIC HE-ARING • ON ..: '. `
! PROPOSED, COMPLIANCE-AGREEME T
Z` 4� M�M�'•e `'ik ,� P '6 S rJ �•.• tri t
-.The Board. of County.Commissioners of
Indian'-' River•
;":__-County:. proposes. to enter into a compliance agreement with
the State Department of Community Affairs which agreement."'
""mill affect the use of land within the areas shown in the. ma
'-i .. map,:
m this: advertisement.. A rublic hearing on the proposed '
., compliance :agreement will : be' held on Tuesday, October.': •
`1; 94 `P 9. .m. ,in •the,YC.ounty Commission Chambers ' .
'of, the9County:Administration Building, located at 1840 25th.,
r:Streetf: Vero:Beach;. Florida'
' The.• proposed 'compliance agreement creates a new "RC'r
"' Regional' Commercial" Land: Use Designation, and r
J- 9 edesig- ,
6nates'-;approximately 130.3 acres located at the northeast:. ,
xorner of 66tWAvenue and S.R. 60 from M-1, Medium. Deni,
sit
y!'�yResid(ential•' 1 � to RC Regional Commercial.: ' h
71 Hit
tFJ,Y� �•_�,�I�Pf� ' •': r
Anyone=;who may wish to appeal any decision which may be: ,
-Made' V. this, meeting will need to- ensure that a verbatim, re
cord , f4 the proceedings is made which includes the testi- j
mony{ and. evidence• upon which the appeal will be based.`'"';
An on, ho'needs''a special accommodation for this meet
ing must''contact� the county's Americans with Disabilities -Act
(ADA) Coordinator at 567-8000 extension .223 at least 48
hours)n*''advance of•meeting•
Inclian:,Rwer�:County'
-Board'of Co,unty•'Comrriissionersyw'
By:L�-s-`.John W.. Tippin, Chairman
Wit• 'i 1 � � 1 (1 A` � 4 i 9` s t
1928Q'y ''�: .ji!�...fEy:.;a .fie;,. .f}, .. .. ''+ .•t,.i .;y., �•i
OCTOBER 18, 1994
13
BOOK 03 PAGE 5 2! 3
8 4
r
-.The Board. of County.Commissioners of
Indian'-' River•
;":__-County:. proposes. to enter into a compliance agreement with
the State Department of Community Affairs which agreement."'
""mill affect the use of land within the areas shown in the. ma
'-i .. map,:
m this: advertisement.. A rublic hearing on the proposed '
., compliance :agreement will : be' held on Tuesday, October.': •
`1; 94 `P 9. .m. ,in •the,YC.ounty Commission Chambers ' .
'of, the9County:Administration Building, located at 1840 25th.,
r:Streetf: Vero:Beach;. Florida'
' The.• proposed 'compliance agreement creates a new "RC'r
"' Regional' Commercial" Land: Use Designation, and r
J- 9 edesig- ,
6nates'-;approximately 130.3 acres located at the northeast:. ,
xorner of 66tWAvenue and S.R. 60 from M-1, Medium. Deni,
sit
y!'�yResid(ential•' 1 � to RC Regional Commercial.: ' h
71 Hit
tFJ,Y� �•_�,�I�Pf� ' •': r
Anyone=;who may wish to appeal any decision which may be: ,
-Made' V. this, meeting will need to- ensure that a verbatim, re
cord , f4 the proceedings is made which includes the testi- j
mony{ and. evidence• upon which the appeal will be based.`'"';
An on, ho'needs''a special accommodation for this meet
ing must''contact� the county's Americans with Disabilities -Act
(ADA) Coordinator at 567-8000 extension .223 at least 48
hours)n*''advance of•meeting•
Inclian:,Rwer�:County'
-Board'of Co,unty•'Comrriissionersyw'
By:L�-s-`.John W.. Tippin, Chairman
Wit• 'i 1 � � 1 (1 A` � 4 i 9` s t
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OCTOBER 18, 1994
13
BOOK 03 PAGE 5 2! 3
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P.O. Box 1268'. Vero Beach, Florida 32961 562-2315
COUNTY OF INDIAN RIVER Woo JQurnat
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 newspaper published at Vero Beach in
Indian River County, Florida; that
billed
i
was published in said newspaper in the issue(s)
Sworn to and subscribed before me this
day o A.D
aa'a►,NHIaaaMala,,i
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My Comm.Expires m = BARRA A C. SPRAGUE. NOIwas a ager
•
June 29, 1997 State o1 Florida. My Commission EXP. June 29. 1997
No. CC300572 Commission Number: CC300572
• •
•
�•ON OF fv .• Notary: BARBARA C. SPRAGUE
•�awaa�aa
The Board reviewed Memorandum of October 7, 1994: _
OCTOBER 18, 1994 14
TO:
James E. Chandler -
County Administrator
D TMENT HEAD CONCURRENCE
ober M. R a i, AIC
Community Develo ment irector
THRU: Sasan Rohani, AICP S -(.-
Chief, Long -Range Planning
FROM: John Wachtel
Senior Planner, Long -Range Planning
DATE: October 7, 1994
RE: Request to Approve a Negotiated Compliance
Agreement With The Department of Community
Affairs for the Indian River Mall
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of October 18, 1994.
DESCRIPTION AND CONDITIONS
This is a request by staff and Ty Tarby, Trustee for the subject
property, that the Board of County Commissioners adopt a proposed
Stipulated Settlement Agreement (Compliance Agreement) to resolve
the Department of Community Affairs' (DCA) objections and non-
compliance finding for the Indian River Mall land use amendment.
Attachment 2 is a copy of the Stipulated Settlement Agreement. The
primary provision of the Stipulated Settlement Agreement is the
creation of a new Regional Commercial land use designation.
Backaround
• Indian River Mall Land Use Amendment Request
In January 1994, Ty Tarby, Trustee, submitted a request to amend
the. Comprehensive Plan future land use map. The subject property
consisted of, approximately 130.3 acres located on the north side of
S.R. 60 between 58th Avenue and 66th Avenue. As submitted, the
request involved changing the land use designation from M-1,
Medium -Density Residential -1 (up to 8 units/acre); to C/I,
Commercial/Industrial Node.
The purpose of Mr. Tarby's request was to secure the necessary land
use designation to develop the property as a regional shopping
center. The Edward J. DeBartolo Corporation is proposing to
construct a--945,364 square foot -regional mall (the Indian River
Mall), with a 4041979 square foot community shopping center and
166,831 square feet of peripheral retail commercial space, on the
property. The entire project has been reviewed as a Development of
Regional Impact (DRI).
OCTOBER 18, 1994
W
BOOK UJ PAC 525"
_I
� �a
PC CK W PALA 526
• Adoption of Land Use Amendment
On February 10, 1994, the Planning and Zoning Commission voted 6-1
to recommend that the Board of County Commissioners transmit the
Indian River Mall land use amendment to DCA for their review. In
March, 1994, the Board of County Commissioners voted 5-0 to
transmit the Indian River Mall land use amendment request to DCA
for their review.
Consistent with state regulations, DCA reviewed the Indian River
Mall Amendment and prepared -an Objections, Recommendations and
Comments (ORC) Report, which planning staff received on May 23,
1994. The ORC Report contained two objections to the Indian River
Mall Amendment. Those objections dealt with the overallocation of
commercial land in the county, and with the protection *of
endangered vegetation on the site. Attachment 3 is a copy of the
ORC Report.
On July 19, 1994, the Board of County Commissioners voted 5-0 to
adopt the Indian River Mall Comprehensive Plan Amendment. Although
the amendment's support document was revised to address DCA's
objections, DCA, on September 7, 1994, issued a Statement of Intent
to find the Indian River Mall Amendment "not in compliance".
Attachment 4 is a copy of the Statement of Intent.
• DCA's Objections
In its Statement of Intent, DCA raised one objection. That
objection, dealing with the overallocation of commercial land in
the county, was similar to an objection raised in the ORC Report.
The Statement of Intent's recommended action, however, was entirely
different than the recommended action in the ORC Report.
In both the ORC Report and the Statement of Intent, DCA expressed
concern that there were insufficient safeguards to ensure that the
subject property, if redesignated to C/I, could be developed only
as a regional mall site. DCA argued that the C/I designation
allows a wide variety of general commercial and industrial
development, for which there is already an overallocation of land.
The county's position was that, since the proposed land use
amendment is associated with a DRI, the county has special control
which is not available in a normal rezoning or plan amendment.
That control involves conditioning the DRI Development Order. In
this case, the Development Order could ensure that the subject
property would not be available for general commercial use (for
which there is sufficient land currently available) by providing
enough time for the county to redesignate and rezone the property
if a regional mall was not constructed. The previously approved
Harbortown Mall DRI Development Order contains such conditions, and
the DRI Development Order associated with the Indian River Mall
land use plan amendment request also contains such conditions.
Additionally, Future Land Use Element Policy 1.24 provides that
land which has been redesignated from residential to commercial/
industrial will revert to residential if development has not
progressed within certain timeframes.
Despite the county having addressed DCA's ORC report objection
regarding commercial land overallocation through a development
order condition, DCA found the -Indian River Mall amendment not in
compliance. DCA's noncompliance statement of intent, however,
differed from its ORC report in one significant way. In the ORC
report, DCA indicated that the county could adequately address
DCA's objection by adopting.a site specific policy ensuring that no
OCTOBER 18, 1994 16
M
general- commercial uses would be -constructed on the subject
property -if the mall facility were not built.. With its
noncompliance intent statement, however, DCA changed its
recommended action to resolve the objection. Instead of a_site
specific policy as recommended in the ORC report, the noncompliance
intent statement indicated that the county had to create a new
regional commercial land use designation and redesignate the
subject property to that land use category.
The significance of DCA's noncompliance finding is that the
proposed Indian River Mall project cannot be built until that
noncompliance determination is resolved. To resolve it, there are
two options. Essentially, these are to negotiate a settlement with
DCA staff or to appeal the issue through the administrative
procedures process with an ultimate decision by the governor and
cabinet, sitting as the Land and Water Adjudicatory Commission.
While the facts in this case support the appeal option, the
applicant's time constraints favor a negotiated settlement.
Stipulated Settlement Agreement
Shortly after receipt of DCA's Statement of Intent, county staff,
DCA, and the applicant participated in negotiations to bring the
Indian River Mall amendment into compliance. Subsequently, a
Stipulated Settlement Agreement acceptable to all parties was
drafted. That Stipulated Settlement Agreement was executed by DCA
on September 13, 1994.
With the adoption of the Stipulated Settlement Agreement, the Board
of County Commissioners would agree to take the following remedial
actions within 60 days:
1. adopt a remedial comprehensive plan amendment to create a new
Regional Commercial land use designation; and
2. redesignate the 130.3 acre Indian River Mall site to the
Regional Commercial land use designation.
The above actions can and will be combined into one remedial
comprehensive plan amendment which is scheduled for a public
hearing before the Board of County Commissioners on October 25,
1994. If the Board does not approve the Stipulated Settlement
Agreement, the remedial comprehensive plan amendment will be
removed from the October 25, 1994, Board agenda and will not be
considered by the Board.
With the adoption of the Stipulated Settlement Agreement and the
remedial amendments, DCA will take two actions to remove the
noncompliance status of the Indian River Mall Amendment and thereby
eliminate the threat of state financial sanctions. Those actions
are:
1. issue a cumulative notice of intent addressing both the
initial_ Indian River Mall Amendment and the remedial
amendments; and
2. request dismissal of the administrative hearing case for the
Indian River Mall Amendment.
OCTOBER 18, 1994 17 BOOK FALL
800K MU 28
ANALYSIS
As drafted, the proposed stipulated settlement agreement will
resolve DCA's objections and allow the Indian River Mall project to
proceed. Therefore, adoption of 'the agreement and subsequent
adoption of the remedial amendments required by the agreement will
meet both the county's and the applicant's objectives. For those
reasons, the agreement should --be adopted.
In that the agreement requires the county to expand the number of
categories on its land use map, the agreement and amendment will
add to the comprehensive plan's complexity. While adding one land
use category will not have a significant effect, the concern is
that DCA's philosophy is to address issues by adding single -purpose
land use categories to comprehensive plan future land use maps.
This can add to a proliferation of land use categories and change
the function of a future land use map from being a more
generalized, broad based tool to being the equivalent of a detailed
zoning map.
In this case, the new land use category will provide DCA with.the
assurance that the site will be used only for regional commercial
uses unless the site's land use designation is changed again in the
future. To effect such a change, however, DCA will be involved
through its review of the land use amendment needed to make such a
change. While DCA feels that a land use map amendment is the
minimum action necessary to ensure that use of the site will not
increase the overallocation of general commercial land in the
county, the staff feels that the development order condition
imposed through the DRI process and thereby associated with the
Indian River Mall land use amendment would be sufficient to provide
DCA with its required assurances.
Regardless, staff's position is that the stipulated settlement
agreement, as proposed and executed by DCA, represents the most
expedient resolution of the noncompliance issue. Therefore, staff
recommends that the Board of County Commissioners adopt the
proposed agreement.
RECONMENDATION
Staff recommends that the Board of County Commissioners approve the
Stipulated Settlement Agreement regarding the Indian River Mall
Amendment and authorize the Chairman to execute the Agreement.
Community Development Director Bob Keating reported that the
stipulated agreement, if executed, will bind both Darties. The
County will agree to adopt the amendments and DCA agrees to issue
a notice of intent and drop the alternative hearing. DCA has
executed the agreement and it has already been advertised for next
Tuesday. It is important to note that there are three options;
(1) withdraw the plan amendment and forget the project, (2) appeal _
DCA's findings, or (3) execute the stipulated settlement agreement.
Staff and the applicant feel the third alternative is best and that
the agreement is something we can live with.
OCTOBER 18, 1994 18
M M M
The Chairman opened the public hearing and asked- if anyone
wished to be heard in this matter.
Mike Kiefer, 1943 62nd Drive (Charlotte Avenue) stated that he
is pleased that staff is recommending settlement and urged the
Board to adopt the agreement. He then inquired whether the parcel
designation will be a "regional commercial" designation.
Director Keating explained that by adopting the agreement the
County commits to adopting the designation of a regional mall. If
a mall is not built, nothing can be built on it without a Comp Plan
amendment.
Mr. Kiefer, with the understanding of the explanation that a
Comp Plan amendment would be needed to change the land use, urged
the Board to approve the amendment with the condition that staff be
directed to pave the driveway entrances off SR -60 in the area
across SR -60.
Chairman Tippin asked if anyone else wished to speak and,
there being none, he closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the execution of the Stipulated Settlement
Agreement, pursuant to staff's recommendations.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
LAND ACQUISITION GUIDE/REVISIONS/APPRAISALS
NEGOTIATIONS AND CONFIDENTIALITY
The Board reviewed a Memorandum of October 11, 1994:
OCTOBER 18, 1994 19 BOOK 93 FAL 529
BOOK b 3 FAG t 5,3L�
TO: James E. Chandler
.County Administrator
HEAD CONCURRENCE:
Robert M-. -Keating,
Community Developm
FROM: Roland M. DeBlois,'IiICP
Chief, Environmental Planning
DATE: October 11, 1994
RE: Request for Board Approval of Revisions -to the
Land Acquisition Guide Regarding Appraisals,
Negotiation, and Confidentiality Requirements
It is requested that the' data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 18, 1994.
DESCRIPTION AND CONDITIONS
The_ Indian River County Land Acquisition Guide was originally
approved by the Board of County Commissioners on May 7, 1991. The
Guide was approved as the primary document containing policies,
standards, and procedures relating to the County's environmental
land acquisition/management program. On July 20, 1993, the Guide
underwent revisions approved by the Board.
The Guide provides for annual review by the Land Acquisition
Advisory Committee (LAAC) for recommendations to the Board
regarding Guide revisions, as warranted.
Recently, LAAC members expressed concern regarding appraisal
procedures and, more specifically, LAAC's role in making purchase
price recommendations without the opportunity to review appraisals.
To address this concern and to align land value determination
procedures with state cost -share agency procedures, staff prepared
proposed revisions to the Guide. A copy of those proposed
revisions is attached. LAAC, at its meeting of September 21, 1994,
reviewed these proposed changes and voted unanimously to recommend
that the Board approve the Guide revisions (with a minor amendment
which has since been included in the proposed revisions; see
attached unapproved minutes).
Summary of Proposed Revisions
The proposed revisions are to
acquisition procedures set forth
(see attached).
OCTOBER 18, 1994 20
Phases 6 and 7 of. the land _
in -the Guide, starting on page 34
_I
"Approved Appraised Value" Determination
Under Phase 6, the proposed revisions specify how appraisals will
be sought and used under different circumstances. These procedures
are consistent with state cost -share agency procedures.
The main purpose of this section is establishing criteria to
determine an "approved appraised value", which is the maximum
amount of money which may be paid for a land purchase. The
"approved appraised value" is not intended to be a negotiation
value or target price, but merely an upper limit. The changes
proposed In this section address instances where two obtained
appraisals differ significantly (more than 20%), by establishing a
standard procedure for determining one approved appraised value in
such circumstances.
Negotiations
The proposed additional section on negotiations (page 37 of the
draft revisions) provides more detail than is currently in the
Guide on this topic. An important aspect of this section is on
revised page 38 (line 8). This section points out that, in
accordance with Florida Statutes Chapter 125, any purchase price
that exceeds the average of two appraisals (when two appraisals are
required) needs an extraordinary vote (4) of the Board for
approval.
Confidentiality
This section addresses the issue relating to LAAC review and
recommendations on negotiated purchase price for proposed land
acquisitions. Under the proposed revised procedures, staff will
approach the Committee for purchase recommendations only after a
contract has been negotiated and executed by the seller, but before
Board approval consideration.
Under this procedure, appraisals may be made public at the time of
LAAC review. —This will not jeopardize public interest, because the
seller will have already committed to a negotiated sale price.
However, the decision to release appraisals for public information
at the time of LAAC review will be subject to county cost -share
partner concurrence, to ensure that cost -share partner procedures
are not violated. Once appraisals are made public, they will -not
be used again as appraisals approved for acquisition by the County.
RECOMMENDATION
Staff recommends that the Board approve the proposed Land
Acquisition Guide revisions.
OCTOBER 189 1994 21
BOOK U3 FACE .J _,
BOOK 93 PgL ,
Roland DeBlois, Chief of Environment Planning, stated that the
Guide was adopted in 1991, revised in July, 1993, and provides for
` an annual review. The revisions require one appraisal when the
purchase price is under $400,000 and two appraisals when the
purchase price is over $500,000, together with allowing the
committee full access to all information. If the appraisals are -=
made public, the Board would have to consider the purchase within
30 days. The revisions have been reviewed by the Land Acquisition
Advisory Committee, who voted to approve with one change -- the
addition of the wording "unless precluded by the cost -share
partner".
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the proposed Land Acquisition Guide revisions, as
recommended by staff.
LAND ACQUISITION GUIDE REVISIONS WILL BE ON FILE
IN THE OFFICE OF THE CLERIC TO THE BOARD
WHEN EXECUTED AND RECEIVED
OSLO ROAD, ADDITIONAL RIGHT-OF-WAY: PARCEL #127
The Board reviewed a Memorandum of October 10, 1994:
TO: James E. Chandler
County_ Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo PV
AND
Terry B. Thompson, P.E.
Capital Projects Manager
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
SUBJECT: Oslo Road, Additional Right -of -Way; Parcel #127, Father
and Son Appliance Company
COUNTY PROJECT #: 8919
DATE: October 10, 1994
DESCRIPTION AND CONDITIONS
Additional right-of-way on the south side of Oslo Road is needed to
continue the widening of Oslo Road further to the west from the top
of'the ridge to the canal.
OCTOBER 18, 1994 22
M -
The property owner has executed_a contract for $14,810.00 for the
28.78' x 1321, CG zoned parcel, and relocation of the septic tank
system and connection to the county water system. The purchase
price is at $2.30 per square foot which is the same price per
square foot the county paid for all other CG zoned parcels on Oslo
Road.
The contract is itemized as follows:
3,800 sq.ft. Land $ 8,740.00
Septic System relocation 1,850.00
County Water Connection 4.220.00
TOTAL: $14,810.00
W.E. Roddenberry, attorney fee
8 hours $ 1,200.00
The existing septic system is in the proposed right-of-way to be
purchased and requires relocation. The only relocation area brings
the proximity to the well to less than the required 100' clearance
distance. Consequently, moving the well is not permitted under
Environmental Health Regulations where there is utility water
available, therefore, connection to the county water system is
required.
The County's estimate from Inquires from septic tank companies and
the County Utilities Department is attached.
No appraisals were obtained because of the current sales and recent
purchase of adjoining parcels at $2.30, and the additional cost and
time element.
There are no engineers or appraisers fees to be paid by Indian
River County.
Staff requests the Board of County Commissioners approve the
$14,810.00 purchase and payment of $1,200 attorney's fee and
authorize the Chairman to execute the contract.
FUNDING
Funding to be from Account No. 101-156-541-067.43, Traffic Impact
Fee, District 6
Commissioner Adams questioned approving the Addendum with the
inclusion of the County having to put in a retaining wall in the
future since the property owner is being compensated now.
Public Works Director Jim Davis explained that the seller is
considering a change of use for that building which has lain
dormant for the last year or two. The building sits on top of the
ridge on Old Dixie Highway, and the owner is considering selling
that property which would make that greenway important.
OCTOBER 18, 1994
23
BOOK FA4
BOOK PAGL 534
Commissioner Adams was concerned about continued liability
with the retaining wall, but Director Davis didn't anticipate it
would be a big project to take it out. The seller was very adamant
about having these conditions placed on this transaction.
Attorney Vitunac advised that there would be continued County
liability if the retaining wall-- is on County property. _-
Commissioner Bird suggested that Director Davis restructure
Paragraphs B.2 and B.4 to say that the wall will be built on the
owner's property, not on County property.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously tabled this
item for two weeks until the regular meeting of
November 1, 1994 to allow staff to negotiate
further.
MURPHY DEED ROAD RESERVATIONS
The Board reviewed a Memorandum of October 6, 1994:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E. !
County Engineer
SUBJECT: Murphy Deed Road Reservations Agreement with
Atlantic Coastal Title Corporation (Atlantic)
DATE: October 6, 1994
The Board of County Commissioners at their meeting of September 27,1994, directed County Staff
to negotiate an agreement for services with Atlantic Coastal Title Corporation (Atlantic) the purpose
of which was to identify and locate Murphy Deed road reservations in Indian River County. Staff
has done that and believes that it has negotiated a very beneficial agreement that will provide much
needed information in an organized form for a reasonable price. The original proposals to staff by
two firms including Atlantic was more than triple the $20,000.00 figure finally negotiated. Staff was
able to reduce the amount by modifying the form of the requested information to reduce the time -
involved by using existing maps and by obtaining microfiche records of all county Murphy Deed
from the state.
OCTOBER 18, 1994 24
Approve the proposal and direct the chairman to execute the agreement on behalf of the Board of
County Commissioners. -
Alternative 2:
Reject the proposal and direct staff to renegotiate the agreement.
R EC 34MFI MAT ION AND FUNDING
Staff recommends Alternative 1, finding to be from Account Number 111-244-541-033.19 which
is to be carried over from 93/94 Fiscal Year.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Agreement for Professional Services with
Atlantic Coastal Title Corporation in the amount of
$20,000, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
SANDRMGE AIARSTENANCE BARN D ROVEAIENTS
The Board reviewed a Memorandum of October 4, 1994:
TO: James Chandler
.County Administrator
TZRODGB: James -W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E. clf�
Capital Projects Manager
AnBJECT: Sandridge Maintenance Barn Improvements
Final Payment
DATE: October 4, 1994
Construction of the Sandridge Maintenance Barn Improvements is
now complete. Bill Bryant & Associates, Inc. is requesting final
payment consisting of the 10% retainage in the amount of
$6,025.73. -
Staff recommends that the Board release final payment in the
amount of $6,025.73.
Funding -is from Account 418-000-169-018.00.
OCTOBER 18, 1994 25 rh
900K ZJ3 PAGE Ji
_I
Boos 93 PALL530
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the release of the final payment in the amount of
$6,025.73 to Bill Bryant & Associates, Inc., as
recommended by staff.
REQUEST FOR COUNTY TO MAINTAIN 11TH TERRACE SW
The Board reviewed a Memorandum of October 5, 1994:
TO: James -R. Chandler,
County Administrator -
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for County to Accept the Following
Road for Maintenance - 11th Terrace Southwest
REF. LETTER: Mrs. Andrew Liebenau to Jim Davis dated Sept. 20, 1994
DATE: October 5, 1994 FILE: 11sTSW.AM
County Public Works has received a request for the Department to begin
grading 11th Terrace SW between 11th Street SW and 12th Street SW. This road
is located in County dedicated right-of-way, but has not been historically
graded.
ALTERNATIVES AND ANALYSIS
Staff has evaluated the request under the evaluation criteria for non -
maintained roads and a score of 75 points was assigned. A minimum score of
75 points has been previously used for staff to recommend maintenance
grading.
• uIvIC� It • � It :�i11� I• ■,
Since evaluation of 11th Terrace SW earned a score of 75 points, staff
recommends that it be added to the County road grading route.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the -Board unanimously approved
the --addition of 11th Terrace SW to the County road
grading route:, -as -recommended by staff.
OCTOBER 18, 1994 26
HOBART PARK SOCCER COMPLEX _.
The Board reviewed a Memorandum of October 7, 1994:
TO: James -E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director 910�k
SUBJECT: Request by Indian River Soccer Association for
License Agreement to Develop a 15.6 Acre
Soccer Complex on Designated Fairground Lease
Parcels - Hobart Park
REF. MEMO: Proposal by Indian River Soccer
Association - Alan Campbell, Director
DATE: October 7, 1994 FILE: sOCCER.AGN
DESCRIPTION AND CONDITIONS
During the September 22, 1994.meeting of the Parks and Recreation
Committee, the Indian River Soccer Association submitted a request
to use a 15.6 acre section of Hobart Park located west of the
Fairgrounds area for a soccer field complex. The current
Fairgrounds Master Plan includes four tracts in the western portion
of the 160 acre site that are designated as follows:
Minicar Lease Parcel 2.3 acres
Leased Parcel 3.95 acres
Leased Parcel 6.5 acres
Staging area (west 2.&5 acres
of 6.1 acres area) 2 85 acres
15.60 acres
The above tracts -are currently unused except for occasional debris
storage by the Road and Bridge Division.
The Indian River Soccer Association has submitted the attached
proposal request. Included with this proposal is a request to use
the Fairground area and area north of the ballfields as interim
facilities until permanent facilities are constructed.
Staff and the Parks and Recreation Committee have considered the
request and have no objections to a License Agreement being
executed for use of the 15.6 acre area. It was the staff and
committee's opinion that the proposal would be mutually beneficial
for the following reasons:
1) The 800(+) youths and parents (1600+) visiting the*site will
increase county awareness of the Fairground area. This 160
acre complex is currently under utilized most of the year.
Increased usage may enable staff to promote the complex for
other uses such as RV shows, boat shows, automobile shows,
etc. A sign placed on the property indicating a phone number
to call for reservations will also be beneficial.
OCTOBER 18, 1994 27 � �a
BOOK�3 f't1�;E
BOOK 93 PAGE 536'
2) The Soccer Association will fund improvements and maintenance
of the improved area.
3) Increase utilization will result in increased security for the
area.
4) County operated concessions may be feasible.
• iw� �� �� : •
'IN iP :jai,5-151 NTF7
It is
recommended by the Parks and Recreation
Committee and Public
Works
Department
staff that a License Agreement
be prepared between
County
and the
Soccer Association for use of
the .15.6 acre area.
Since
the other_ License Agreements in effect for the adjoining_
areas
include a
$200/annual License fee, staff
would recommend that
a similar fee be
established.
Commissioner Bird wanted to recognize the dedicated men and
women involved in the soccer complex, which will be a great asset
to the recreation program.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the preparation of a License Agreement and directed
County Attorney Vitunac to prepare same, as
recommended by staff.
LICENSE AGREEMENT WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
CR -512 CORRIDOR Z ROVEMENTS/C.O. #1 - MARTIN PAVING
The Board reviewed a Memorandum of October 10, 1994:
OCTOBER 18, 1994 28
TO: James Chandler
County Administrator
THROUGH: James W. Davis, rJ•
Public Works Director
FROM: Roger D. Cain, P.E * 6
County Engineer
SUBJECT: CR512 Corridor Improvements - IRC Project No. 8612
Change Order No. 1, Martin Paving Company
DATE: October 10, 1994
This Change Order summarizes additional work items and changes made to the contract to date. The
forcemain trench stabilization will be reimbursed by the utility department under terms of the Right
of Way permit. The conflict structure is also reimbursable from the City of Sebastian in our opinion,
and we have sent a request for payment to the city. The sodding increase was to stabilize off-site
now onto the right of way. The sheet piling removal monitoring was a HRS requirement when it was
discovered the concrete contained a small amount of asbestos. The M.E.S. (mitered end section)
change was to correct the plan quantities. The net result is an increase in the contract of $7,696.12.
The existing contract amount of $2,744,920.12 is increased to $2,752,616.24.
Altemative No. 1 - Approve Change Order No. 1 in the amount of $ 7,696.12 and direct the
Chairman of the Board of County Commissioners to execute the change order on behalf of the
Board.
Alternative No. 2 - Reject the Change Order.
Staff recommends Alternative No. 1 with finding from Account No. 101-153-541-067.38 for
CR512 Corridor Improvements.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order No. 1 in the amount of $7,696.12 to
Martin Paving Company, as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
OCTOBER 18, 1994 29 BOOK 93 PAGE 539
BOOK PGTy
REQUEST FOR "NO PARKING SIGNS" ON 16TH AVENUE
The Board reviewed a letter of October 17, 1994:
To' 17 g
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MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Macht, to approve the request from
Edmund Cannon for "NO Parking Signs" on the County
right-of-way on 16th Avenue between 2nd and 4th
Streets.
Edmund Cannon, 295 16th Avenue, expressed his belief that the
first duty of local government -is the safety of its --citizens and
asked that the Commission allow the posting of two "no parking"
signs on. his street. Mr. Cannon thanked Public Works Director
James W. Davis for his efforts.
OCTOBER 18, 1994 30
M M
Mr. Cannon explained that his -.objections do not refer to
deliveries but to "extended time" parking.
Commissioner Bird wondered how the Board can single out this
2 block area. He stressed that- lawn care maintenance workers
usually have to park on the road temporarily. He believed that
this would create a precedent and be more of a problem.
Mr. Cannon commented that his plumber and lawn care people do
not park on the street. Approximately 20 children live on their
street and elderly people walk on the road. He.felt that parking
on the street creates a hazard. They had a situation where an
ambulance could not get to a home, and mailboxes are inaccessible.
Commissioner Eggert felt that she could not recommend the
signs.
Director Davis advised that Florida Statutes prohibit parking
in the through lane, and inquired whether it would set a precedent
if Mr. Cannon wishes to fund the cost of the signage. He also
noted that his department has many requests for signs and they try
not to encourage proliferation.
Commissioner Macht felt that charging the citizens for signs
that remind people of existing laws would be wrong and that it
should be at the County's expense.
Mr. Cannon appreciated Commissioner Macht's remarks, but
reiterated that he volunteered to pay for the signs.
County Attorney Vitunac expressed his opinion that the signs
would mislead people into believing they could park on the
pavement.
Charles Leger, 345 22nd Avenue, advised the Board that he
works for the County Clerk's office but is on vacation at this
time. He believed that the roads in Indian River Heights are not
wide enough, especially with cars parking on the shoulder. However,
he - has an 11 year.. old. son and all the kids are aware of the cars
and the cars are aware of them. After a rain, drivers don't want
to drive up on lawns. If the Board approves this, he believed it
will set a dangerous precedent. He felt there are already too many
signs telling us not to do this and not to do that. A number of
months ago when there was a death in his family, many friends and
relatives came to his house and the neighbors were very
understanding about vehicles parked on the roadway and on the
shoulder. He did not see why we need something like this.
OCTOBER 18, 1994 31
BOOK PACE 54 -
POOK icJ PAGE 542
Commissioner Eggert expressed her opinion that there is too
much government and stated that she could not vote for the signs.
Chairman Tippin asked for any further discussion and there was
none.
THE CHAIRMAN CALLED FOR THE QUESTION. THE MOTION
FAILED 1-4, COMMISSIONERS TIPPIN, MRCHT, BIRD AND --
EGGERT DISSENTING.
FORCE MAIN AND ROADWAY IMPROVEMENTS/OSLO ROAD AND
11 K41 Do : I C" so VAM
The Board reviewed a Memorandum of October 12; 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manager
SUBJECT: Force Main and Roadway Improvements -
Oslo Road and Old Dixie Highway
Change Order No. 1
DATE: October 12, 1994 FILE: OS-ODC01AGN
DESCRIPTION AND -CONDITIONS
The County recently obtained the right-of-way necessary to extend the Oslo Road
widening project from 500 feet west of Old Dixie to Timber Ridge. The extension is
approximately 1200 feet long and includes the construction of a 237 foot long five lane
section, a 320 fbot long transition from five lanes to three lanes, and a 643 foot long three
lane section that extends west to connect with the three lane section at Timber Ridge.
Dickerson Florida, Inc is currently constructing the widening improvements on Oslo Road
and Old Dixie Highway. Dickerson's bid amount for this project was $ 121,685.64 lower
than the next bidder. Staff feels that issuing a change order to the current contract is the
fastest and most cost effective means of extending the Oslo Road widening.
The attached Change Order No. 1 is based on contract unit prices where applicable. The '
total price increase for additions to the contract is $189,911.58. Change Order No. 1 also
includes ($53;272.14) in deductions to the contract. These decreases resulted from value
engineering proposals submitted .by_ the Contractor. The net change in the contract
amount is $136,639.44. This added to the current contract amount of $1,049,006 results
in a new contract amount of $1,185,645.44.
OCTOBER 18, 1994 32
ALTERNATIVES AND ANALYSIS
The alternatives_are as follows: -
Alternative No. 1
Approve Change Order No. 1 in the amount of $136,639.44.
Alternative No. 2
Bid the construction of the extension at a latter date. This alternative would
require an additional expenditure to prepare bidding documents.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board approve Alternative No. 1. Funding for the road
construction in the amount of $811,941.72 is from Account 101-156-541-067.25.
Funding for the force main in the amount of $373,703.72 is from Account 472-000-169-
112.00
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 1 in the amount of $136,639.44 to
Dickerson Florida, Inc., as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
1994 LEGISLATIVE DELEGATION MEETING
The Board reviewed a Memorandum of October 11, 1994:
TO:._ Board of County Commissioners
FROM: John W. Tippin, Chairman -�
DATE: October 11, 1994
SUBJECT: 1994 Legislative Delegation Meeting
The Legislative Delegation Meeting will be held in the County
Commission Chambers on December 7, 1994. If anyone has a special
act they would like introduced, the information needs to be
delivered to Representative Sembler's office at the Vero Beach
City Hall before November 10.
OCTOBER 18, 1994
33
BOOK PAU 534
I
BOOK U3 FACUL 544
After discussion, the Board unanimously agreed to table this
item until the regular meeting of October 25, 1994.
RESOLUTION SUPPORTING PASSENGER SERVICE ON FEC
CORRIDOR
The Board reviewed a Memorandum of October 12, 1994:
TO: Board of County Commissioners October 12, 1994
FROM: John W. Tippin, Chairman
SUBJECT: Supporting Resolution Regarding Passenger Service
on FEC Corridor
The Treasure Coast Regional Planning Council has requested that,
we adopt a resolution supporting the initiation of passenger
service along the Florida East Coast Railway corridor.
Attached is a resolution for your consideration.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 94-130 supporting the concept of Amtrak
service from Jacksonville to Miami along the Florida
East Coast Railway Corridor.
RESOLUTION NO. 94- 130
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING THE CONCEPT OF
AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI
ALONG THE FLORIDA EAST COAST RAILWAY
CORRIDOR.
WHEREAS, AMTRAK presently does not provide service to
heavily populated coastal commumities between Jacksonville and
Miami; and
WHEREAS, the existing Florida East Coast freight rail lines
between Jacksonville and West Palm Beach will facilitate this
service contingent upon improvements to accomodate passenger
train service; and
OCTOBER 18, 1994 34
RESOLUTION N0. 94-130
WHEREAS, regular AMTRAK service along the East Coast would
provide- Treasure Coast and Florida---- residents with a
transportation alternative, and better, more diverse service; and
WHEREAS, regular AMTRAK service would facilitate inter -city
transportation service and commence by connecting Treasure Coast
communities such as Vero Beach, Ft. Pierce, Stuart and West Palm
Beach to Miami, Jacksonville and other important destinations; -
and
WHEREAS, such service could significantly enhance ridership
on the Tri -County Rail and metrorail, a facility of significant
State and Federal investment; and
WHEREAS, such service would help to revitalize existing
Coastal Cities, a goal and objective of state, regional, and
local concern; and
WHEREAS, such service would otherwise provide diverse and
numerous benefits to the residents of the Treasure Coast Region
and its economy:
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that the Board
supports the concept of AMTRAK service between Jacksonville and
Miami along the east coast corridor of the Florida East Coast
Railway, connecting with West Palm Beach and Tri -County Rail, and
the Board further supports the efforts of the Florida Department
of Transportation, CSX, FEC, Tri -Rail and AMTRAK to provide
passenger service as soon as possible.
This resolution was moved for adoption by Commissioner
seconded by Commissioner Macht and was adopted
151'—tEe following vote:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
- Commissioner Fran B. Adams Aye
-Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
This resolution was adopted and becomes effective on the
1.8 day of October, 1994.
BOARD OF COUNTY COD01ISSIONERS
INDIAN RIVER COUNTY, FLORIDA
7LT0- W. Tippin, _ Chairman
OCTOBER 18, 1994 35
BOOK 3 PAUE
BOOK W Pn;E 546
RESOLUTION REQUESTING LOCAL REGISTRATION OF - SEXUAL
FREDATORS GIVEN EARLY RELEASE
The Board reviewed a Memorandum of October 12, 1994:
- - - - - - - - - - - - - - - - - - - - - - - - - - -
TO: Board of County Commissioners
FROM: John W. Tippin, Chairman
DATE: October 12, 1994
SUBJECT: Early release for sexual predators
The City of Vero Beach has requested that we join them- in
adopting a resolution against the early release of sexual
predators.
Attached is a resolution for your consideration.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 94-131 requesting the Florida Department
of Corrections and the Florida Parole Commission to
require local registration of sexual predators
pursuant to the Florida Sexual Predators Act for all
early releases regardless of the date of the offense
for which they were imprisoned.
RESOLUTION NO. 94- 131
A RESOLUTION OF THE BOARD OF COUNTY
COMMSSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, REQUESTING THE FLORIDA DEPART-
MENT OF CORRECTIONS AND THE FLORIDA
PAROLE C014MSSION TO REQUIRE LOCAL
REGISTRATION OF SEXUAL PREDATORS PURSUANT
TO THE FLORIDA SEXUAL PREDATORS ACT FOR
ALL EARLY RELEASES S OF THE DATE
OF THE OFFENSE FOR WEIGH THEY WERE
IMPRISONED
WHEREAS, repeat sex offenders and sex offenders who use
physical violence are sexual predators who must be confined for a
significant period of time and subjected to procedures designed
to better protect the public safety; and
WHEREAS, because of the high recidivism rate and low
rehabilitation rate of sexual predators, they require very severe
sentences and should not be released from incarceration except
under controlled circumstances-; and
WHEREAS, it is now known that sexual predators are, more
than any other type of dangerous offender, highly resistant to
change, and need incarceration, supervision and monitoring if the
public is to be protected; and
OCTOBER 18, 1994 36
RESOLUTION N0. 94-131
WHEREAS, the State of Florida has adopted the Florida Sexual
Predators Act requiring sexual predators who are released early
from Florida prisons, to register with the Florida Department of
Law Enforcement; and
WHEREAS, this registration requirement is currently limited
to offenses committed on or after October 1, 1993; and
WHEREAS, the Florida Parole Commission and the Florida
Department of Corrections have the authority to require
registration of sexual predators as a condition of early release
even for offenses committed prior to October 1, 1993:
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County that the Florida Parole
Commission and the Florida Department of Corrections are
requested not to consider for early release, any sexual predator,
but that they serve their full term in prison.
The Board further resolves that, if a sexual predator
becomes eligible for parole, the Florida Parole Commission and
the Florida Department of Corrections require all such sexual
predators (as defined in Chapter 93-277 of the Florida Statutes,)
to register with the Florida Department of Law Enforcement as a
condition of early release and that such registrations be
forwarded to each Chief: of Police and Sheriff where such
registrant resides within 24 hours.
This resolution was moved for adoption by Commissioner
Macht , seconded by Commissioner Eggert and was adopted
by the following vote:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
This resolution was adopted and becomes effective on the
18 day of October, 1994.
BOARD OF COUNTY COMUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
ohn W. Tippin, Chairman
ATTEST: _
OCTOBER 18, 1994
37
BOOK 93 PACE 7
I
KOr PAUL 548
RESOLUTION TO GOVERNOR AND CABINET REQUESTING
DECLARATION OF SHORELINE EMERGENCY
The Board reviewed a Resolution presented by Commissioner
Adams, and:
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-132 requesting declaration of a
shoreline emergency to authorize expedited
permitting for the placement of sand on the beach.
RESOLUTION NO. 94- 132
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, TO THE GOVERNOR, CABINET, AND
THE EXECUTIVE DIRECTOR OF THE DEPART-
MENT OF ENVIRONMENTAL PROTECTION OF
THE STATE OF FLORIDA REQUESTING DECLAR-
ATION OF A SHORELINE EMERGENCY TO
AUTHORIZE EXPEDITED PERMITTING FOR THE
PLACEMENT OF SAND ON THE BEACH.
WHEREAS, Indian River County's beaches are experiencing severe
erosion from the October 15th storm, aS witnessed by the accompanying
video taken on October 17, 1994, at 7:00 a.m.; and
WHEREAS, pursuant to Rule 16B-41, Florida Administrative Code,
adopted pursuant to the authority of Chapter 161, Florida Statutes, on the
declaration of a shoreline emergency by the Governor, Cabinet, and
Department of Environmental Protection (DEP) certain permitting procedures
automatically go into effect which will enable the DEP to issue field permits
for the placement of sand on the beach to protect the upland structures;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Governor,
Cabinet, and DEP are requested to make a declaration of a shoreline
emergency so that field permits may be issued pursuant to law.
The resolution was moved for adoption by Commissioner
and the motion was seconded by Commissioner R i r ri , and, upon
being put to a vote, the,. vote- was as follows:
OCTOBER 18, 1994 38
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert A y e
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 18 day of October , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B •, �
Y
� John W. Tipp
Chairman
DR. MICHAEL FLAX/SEA WALL PERAHT
The Board reviewed a Memorandum of October 17, 1994:
COMMISSIONER FRAN B. ADAMS:
At it's October 17, 1994 meeting the members of the Beach and
Shore Preservation Advisory Committee voted unanimously (4 - 0)
to request that the Board of County Commission pass a Resolution
in support of Dr. Michael Flax's permit request to get his sea
wall on Wabasso Beach into working condition in order to protect
his home
Mike Kiefer, of Kimley-Horne, explained that they are asking
for permission' to put up a sea wall on behalf of Dr. Flax, 1801
Shell Lane. A temporary structure on the property, which was the
only permitted structure at the time of construction, has been
severely damaged by the recent storm. They are asking for the
Board's support in going back to the State to modify the permit to
put in a permanent structure which will provide additional
protection.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the Chairman to write a letter of support
to the Governor and Cabinet regarding Dr. Michael
Flax's sea wall permit request.
OCTOBER 18, 1994 39 _
BOOK UJ PAL
ooa W PAGE -55b
OHOL AND TOPLESS DANCING OR )WANCE
Commissioner Carolyn Eggert opened a discussion regarding the
County's ordinance on alcohol and topless dancing and advised that
the County had passed an Ordinance in 1991 prohibiting exposure of
the body. The subject is now being discussed by the City of Vero
Beach and she felt that the Board should provide the County's
ordinance to the City in an effort to coordinate.
Commissioner Bird suggested that County Attorney Vitunac
coordinate the effort with the city attorney and Chairman Tippin
stated that a consensus had been reached that the Board will
provide a copy of the County's ordinance to the City.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced.that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:21..a.m.
J. -K: ffAtt6h1;51
.rafiu,. :tih
170 W. Tippin, irman
Minutes Approved: b , m �q
OCTOBER 18, 1994
40