HomeMy WebLinkAbout11/1/1994=MINUTES OWTACHED M
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
-- TUESDAY, NOVEMBER 1, 1994 - -=
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
-VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman (Dist. 4)
Kenneth R. Macht, Vice Chairman (Dist. 3)
Fran B. Adams (Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. I. - CALL TO ORDER
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THF : AGENDA/EMERGENCY ITEMS
Item 7.V. Proclamations Procedure
Item 9.B.2. Public discussion of Piper Aircraft Bankruptcy.
Item 13.E. HRS Meeting
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES A. • Special Meeting of September 14, 1994
B. Regular Meeting of September 20, 1994
7. CONSENT AGENDA
A. Received and Placed on File in Office of
Clerk to the Board:, Constitutional Officers
• Financial Report Year Ending 9/30/94
-
B. - Appointment of Eleanor - Renuart to the Economic
Opportunities Council
( memorandum dated October 20, 1994)
C. Appointment of Richard Kurt Confort to Economic
Opportunities Council
( memorandum dated October 25, 1994 )
D. Resignation of Eleanor K. Van Os from I.R.C.
Environmental Control Hearing Board
( letter dated October 21, 1994 )
E. Request from James T. Ross to be put on the
Board as a Member of the Private Sector of the
Transportation Industry for Indian River County
(letter dated October 21, 1994 )
7. CONSENT AGENDA (cont'd.) :
F. Request for Board Execution of FIND Project
Agreement for Pelican Island National Wildlife
Refuge Signage and Brochure
( memorandum dated October 25, 1994)-
G.
994) -
G. Request for Approval. of Extension Addendums to
Florida Communities Trust (FCT) Acquisition
Agreements for. Wabasso Scrub, Prang and Lost
Tree Islands LAAC Sltes
( memorandum dated October 25, 1994 )
H. Disney Vacation Development Inc. 1s-, Request for -
Final Plat Approval for the Florida. Beach
Resort
( memorandum dated October 25,' 1994 )
I. Authorization for Animal Control Officer Carl
Wolfe to Issue Violation Citations and Approval
of Resolution
( memorandum dated October 25, 1994 )
J. County Owned Land Swap
(memorandum dated October 25, 1994)
K. Award Bid #5019 / Testing Services for CR510 and
SR AIA Intersection Improvements
( memorandum ' dated October 26, 1994)'
L. Agreement - I.R.C. and John Holt Sutherland III
and Lisa Jaye Sutherland - Temporary Water Serv.
(memorandum dated October 10, 1994) _
M. Acceptance of Vero Beach Deed of Easement for
Utility System for Vero Highlands
( memorandum dated October 24, 1994 )
N. A Resolution Cancelling Taxes Upon Publicly
Owned Lands
( memorandum dated October 20, 1994 )
O. Release S Substitution - of Conservation Easement -
Lindsey Lanes Subdivision
( memorandum dated October 20, 1994 )
P. Dock License Agreement - Country Club Pointe
Subdivision
( memorandum dated 9ctober 21, 1994 )
Q. Release of County Assessment Liens - Assessment
Projects for Paving and Drainage
( memoranda dated Oct. 19, 21, 1994 )
R. Release of Utility Liens
( memorandum dated October 20, 1994 )
S. Cancellation of Outstanding Taxes - Properties
Purchased for County Use
( memorandum dated October 21, 1994 )
T. Request for Public Hearing Date: An Ordinance
Establishing a Disclosure of Relationship Proce-
dures for Entities Doing Business with -IRC
( memorandum dated October 21, 1994 )
1U. Request for Public Hearing Date: An Ordinance
Amending Section 102.04, Entitled "Order of
Business" of the IRC Code
( memorandum dated October 20, 1994 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
- None M M
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
National Health Corp. L. P.'s Request for Special
Exception Use Approval to Construct an Adult
Congregate Living Facility-(ACLF)
( memorandum dated October 24, 1994)
B. PUBLIC DISCUSSION ITEMS
Frank Zorc's Request to Speak Regarding
Property Tax Exemptions,, Non Profit Corp.
FS 196.195 Fla. Public Records Law
( letter dated October 24, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Vero Beach Police Dept. Request for 911 Sur-
charge Funding to Purchase Equipment for the
Public Safety Answering Point (PSAP)
_ ( memorandum dated October 12, 1994 )
C. GENERAL SERVICES
New Courthouse Complex - Cash Drawers and Safe
Clerk's Office
{memorandum dated October 25, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL _
None
G. PUBLIC WORKS
Engineer Design Services / Kings Highway
Improvements
( memorandum dated October 26, 1994 )
H. UTILITIES
I. City of Sebastian --Utility System
(memorandum dated October 25, 1994)
2. Gifford Wastewater Treatment Facility
Aeration Modification / Final Pay Request
( memorandum dated October 17, 1994 )
12: COUNTY ATTORNEY
A. Construction of Storm Grove Road
( memorandum dated October 19, 1994 )
B. Discussion of Supreme Court Actions
Re: Acting Circuit Judges
(no backup provided)
-- _
-I
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS'
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
Transient Animal Vaccination Clinics
( memorandum dated October 20, 1994)
F. OTHER COMMISSION MATTERS
None
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1.
Approval of Minutes - -Meeting of 9/6/94
v 2.
Approval of Minutes - Meeting of 9/13/94.
3.
Approval of Minutes - Meeting of 9/20/94
4.
Transfer Station - Hours of Operation
(backup provided separately)
5.
SWDD Grove Harvest
( memorandum dated October 20, 1994 )
6.
Litter and Marine Debris Grant
( memorandum dated October 20, 1994 )
7.
FDEP Contract for Funding Innovative-
nnovativeProject
Project
( memorandum dated October 20, 1994 )
1S.- 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
MEEJ& —
Tuesday, November 1, 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, November 1,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and
Carolyn K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Patricia
Held, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDAXMERGEN Y ITEMS
Attorney Vitunac requested the addition of Item 9.B.2., a
public discussion of the Piper Aircraft Bankruptcy.
•Chairman Tippin requested the addition of Item 7.V.,
Proclamations.
Commissioner Eggert requested the addition of Item 13.E., HRS
Meeting.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added the
above items to the Agenda.
APPROVAL OF 1VIINLT'rES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of September 14, 1994. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board approved the Minutes
of the Special Meeting of September 14, 1994, as
written.
1
November 1, 1994
BOOK a
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of September 20, 1994. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the Minutes
of the Regular Meeting of September 20, 1994, as
written.
CONSENT AGENDA
Chairman Tippin requested that Items J. and M. be separated
from the Consent Agenda for discussion.
Commissioner Eggert requested that Item T. be separated from
the Consent Agenda for discussion.
A. Reports
The following was received and placed on file in the office of
Clerk to the Board:
Clerk of the Circuit Court Financial Report,
Year Ending September 30, 1994
B. Appointment of Eleanor Renuart to the Economic Opportunities Council
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Eleanor Renuart to the Economic Opportunities
Council.
C. Appointment of Richard Kurt Confort to Economic Opportunities
Council
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
Richard Kurt Conf ort to the Economic Opportunities
Council.
D. Resignation of Eleanor K. Van Os from Environmental Control Hearing
Board
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously accepted,
with --regret, the resignation of Eleanor K. Van Os
from the Envir-onmental_ Control Hearing Board.
November 1, 1994
E. Appointment of Tames T. Ross to the _Transportation Disadvantaged
Coordinating Board -
r ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously appointed
James T. Ross to the Transportation Disadvantaged
Coordinating Board representing the private sector
of the transportation industry.
F. Request for Board Execution of FIND Project Agreement for Pelican
Island National Wildlife Refuge Signage and Brochure
The Board reviewed memo from Environmental Planning Chief
Roland DeBlois dated October 25, 1994:
TO: James E. Chandler
County Administrator
DE NT HEAD CONCURRENCE:
ober M. Ke ng AICP
Community Develop ent ector
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: October 25, 1994
RE: Request for Board Execution of FIND Project
Agreement for Pelican Island National Wildlife
Refuge Signage and Brochure
It is requested that the*data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting on November 1, 1994.
DESCRIPTION AND CONDITIONS
The Board of County Commissioners, at its meeting. of April 26,
1994, authorized staff to submit a grant application to the Florida
Inland Navigation District (FIND) for improved signage and an
informational brochure relating to the Pelican Island National
Wildlife Refuge (PINWR). The application was submitted in response
to citizen complaints that existing boundary signage at the refuge
does not provide sufficient information regarding public use
opportunities.
Specifically, the application was for funding for a kiosk display; _
design and printing of a PINWR information brochure; and four
waterway information signs (3 of which are two-sided), including
sign installation costs (see attached project cost estimates
table).
On July 23, 1994, the FIND Board approved the grant application,
with the following estimated project costs distribution:
3 6
BOOK f'�IGF 72
November 1, 1994
Fr -
BOOK pma
FIND: $11,500 (Riosk and sign installation)
COUNTY: $3,000 (County traffic Engineering sign
P_ product in --kind services)
U.S. FISH &
WILDLIFE SERVICE: $2,500 (Brochure design and printing)
TOTAL. PROJECT: $17,000
On October 1, 1994, staff received a standard FIND Project
Agreement for the awarded grant project-. The Agreement provides a
September 1, 1995 completion -date, with a staff quarterly report
requirement.
Section 12 of the Agreement provides. that the County ("Project
Sponsor") shall appoint a Liaison Agent, whose name and title are
to be submitted upon execution of the Agreement, to act on behalf
of the County relative -to the provisions of the Agreement.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached FIND project agreement, and appoint Chief Environmental
Planner Roland DeBlois as project Liaison Agent.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the FIND Project Agreement and appointed Chief
Environmental Planner Roland, DeBlois as project
Liaison Agent, as recommended by staff.
PARTIALLY EXECUTED COPY OF AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
G. Request for Approval of Extension Addendum to Florida Communities
Trust (ECT) Acquisition Agreements for Wabasso Scrub, Prang Island and
Lost Tree Island LAAO Sites
The Board reviewed memo from Chief Environmental Planner
Roland DeBlois dated October 25, 1994:
4
November 1, 1994
TO: - James E. Chandler - - -
County Administrator
DEP NT HEAD CONCURR CE:
Robert M. Keating, AJCP
Community Develop�me�[nF Dire for
FROM: Roland M. DeBlois',- AICP
Chief, Environmental Planning
DATE: October 25, 1994
RE: Request for Approval of Extension Addendums to Florida
Communities Trust (FCT) Acquisition Agreements for
Wabasso Scrub, Prang and Lost Tree Islands LAAC Sites
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 1, 1994.
DESCRIPTION AND CONDITIONS
The Board of County Commissioners, in July, 1993, approved a
- Conceptual Approval Agreement with the Florida Communities Trust
(FCT) to cost -share acquire the "Wabasso Scrub" property. An
addendum to the Agreement was subsequently approved by the Board on
June 21, 1994, to extend the original Agreement expiration date.
The Wabasso Scrub property is on the County Land Acquisition
Advisory Committee's (LAAC's) list of environmental land under
consideration for acquisition.
On May 23, 1994, the Board approved similar FCT Conceptual Approval
Agreements to cost -share acquire the Prang and Lost Tree Islands
LAAC sites. In these two Agreements, the County opted to identify
the FCT as the lead agency to undertake pre-acquisition activities
and negotiations. These Agreements have an expiration date of
December 4, 1994, -but allow for extensions) as needed.
Last month, staff requested extensions to the referenced Conceptual
Approval Agreements in order to al -low completion of pre-acquisition
activities (title report, boundary survey, appraisals) and
management plan drafting prior to the agreements' expiration (see
attached). The FCT Governing Board, at its meeting of September
28, 1994, approved the requested extensions.
Staff now requests that the Board of County Commissioners approve
the attached Addendums to Conceptual Approval Agreements which will
extend the Agreements until April 71 1995 (Wabasso Scrub) and June
4, 1995 (Prang and Lost Tree Islands), for purposes of allowing
completion of pre-acquisition tasks and conceptual management
plans.
Projects Status
Wabasso Scrub
A title report of the Wabasso Scrub property has been completed.
Remaining pre-acquisition tasks include a boundary survey, two
independent appraisals, environmental audit, and conceptual
management plan.
5 BOOK
November 1, 1994
BOOK 913 PA.�E 67
Charles Hardee of FloridAffinity, Inc., retained by the County to
assist in environmental lands acquisition, has coordinated with
Lost -Tree Village Corporation to have Lost Tree provide the project
boundary survey. Once the survey is completed, two independent
appraisals will be conducted, expected to occur within the next two
months. The completed appraisals will then lead to staff
negotiations with the landowner.
Prang and Lost Tree Islands
Unlike the Wabasso Scrub project, the County opted to have the FCT
take the lead in pre-acquisition tasks and negotiations relating to
the Prang Island and Lost Tree Islands projects. FCT staff have
not yet begun mapping or appraising these projects. Mr. Hardee has
discussed this matter with FCT staff, to evaluate the benefits of
the County helping coordinate certain pre-acquisition tasks
(mapping) to facilitate acquisition. Whether undertaken by the FCT
or the County, pre-acquisition costs are to be cost -shared between-
the
etweenthe County and FCT, contingent upon a closing on the applicable
project.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the Board Chairman to execute the attached agreement addendums.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
and authorized the Chairman to execute Addendum I to
the Conceptual Approval Agreement, as recommended by
staff.
PARTIALLY EXECUTED COPY OF ADDENDUM I TO CONCEPTUAL APPROVAL
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
H. Disney Vacation Development Inc.. Request for Final Plat Approval for
the Florida Beach Resort
The Board reviewed memo from Current Development Senior
Planner John W. McCoy dated October 25, 1994:
6
November 1, 1994
_I
TO: James -E. Chandler
County Administrator
DIVI HEAD CONCURRENCE:
Robert M. Keating AICP
Community De//vv�elo ment Xrector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP �1J*k
Senior Planner, Current Development
DATE: October 25, 1994
SUBJECT: Disney Vacation Development Inc. 's Request for Final Plat
Approval for the Florida Beach Resort
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 1, 1994. At the applicant's request this item
was rescheduled from the October 25, 1994 Board of County
Commissioners meeting to the November 1, 1994 Board of County
Commissioners meeting.
DESCRIPTION AND CONDITIONS:
The Florida Beach Resort final plat is a boundary plat of three
parcels of land which total 68.91 acres. The subject property is
generally located on the south side of the CR 510 on both sides of
SR A -1-A (see attachment #2). This final plat covers most of the
Disney residential resort project (see attachment #2) and will
create three parcels for building 45 residential resort_ condominium
buildings, totaling 580 residential resort units. There are
several buildings currently under construction on Parcel A, at
various stages of completion. The final plat is required, before
a- certificate of occupancy can be granted for any of the buildings.
On November 4-, 1993, the Planning and Zoning Commission granted
preliminary PD plan approval for Phase I of the Florida Beach
Resort. Subsequently, a land development permit was issued for
Phase I. On October 13, 1994" the Planning and Zoning Commission
approved a modified preliminary PD plat that includes Phases I
through III of the project. Therefore, most of the project can now
be final platted in one step. The developer, Disney Vacation
Development, Inc., is requesting final plat approval for the area
covered under Phases I through III, and has submitted the
following: -
1. A final plat in conformance with the approved, modified
preliminary PD plat.
BOOK�'
November 1, 1994
BOOK W PAGE 6Mi'l
ANALYSIS:
The required improvements necessary to serve the buildings proposed
within the project are controlled via the PD plan development
process and will be provided 'by the developer on a building -by -
building basis. Prior to obtaining a Certificate of Occupancy
(C.O.) for any building, the required improvements necessary to
serve the building muBt be constructed by -the developer. All of
the required improvements. in the development will be private,
except utilities, which will be dedicated and warranted separately,
prior to the issuance of a C.O. for any building. Since the
provision of required internal improvements will be controlled
through the PD site plan process, the developer has complied with
the appropriate requirements to obtain final plat approval for the
boundary plat.
Staff recommends that the Board of County Commissioners grant final
plat approval for Florida Beach Resort.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously granted
final plat approval for Florida Beach Resort, as
recommended by staff.
I. Resolution Authorizing Animal Control Officer Carl Wolfe to Issue
Violation Citations
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 25, 1994:
TO:_ Honorable Board of County Commissioners
THROUGH:_ James Chandler
County Adminis rator
FROM: Doug Wright Director
Department of Emergency Services
DATE: October 25, 1994
SUBJECT: Authorization for Animal Control -'Officer Carl Wolfe to
Issue Violation -Citations and Approval of Resolution
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On October 21, 1994, Animal Control Officer Carl Wolfe successfully
completed the Florida Animal= Control Officer Training Program
approved --by the Florida Animal -Control Association (FACA).
Pursuant to Chapter 302 -of -the Indian River County Code entitled
Animal Control and Kennel Regulations, specifically Section 302.06,
and Chapter 828.27, Florida Statutes, the above referenced employee
is hereby recommended for appointment and approval to issue
citations for animal control violations.
8
November 1, 1994
r
_ ALTERNATIVES AND ANALYSIS
Approval of this recommendation will provide the Animal Control
Authority with another officer with regulatory powers --to assist in
enforcing the Indian River County Code relating to animal control.
r RECOMMENDATION
Staff recommends the Board approve the attached resolution and
authorization for Animal Control Officer Carl Wolfe to issue
citations for violations of the Indian River County Code.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-139 authorizing Animal Control Officer
Carl Wolfe to issue citations.
RESOLUTION NO. 94- 139
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING ANIMAL CONTROL
OFFICER CARL WOLFE TO ISSUE CITATIONS.
WHEREAS, Section 828.27, Florida Statutes, allows County Animal
Control Officers under certain conditions to issue citations related to animal
control ordinances if the officer! successfully completes a 40 -hour minimum
standards training course; and
WHEREAS, • Animal Control Officer Carl Wolfe has completed such a
course' at the St. Petersburg Junior College on
October 21, 1994, and is
therefore qualified under Section 828.27, F.S. ;
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Animal Control
_ Officer Carl Wolfe is hereby authorized to issue animal control citations,
pursuant to Section 828.27, Florida Statutes, and
Chapter 302 of the Indian
_ River County Code.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner
Adams and, upon
being put to a vote, the vote was as follows:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Fran B. Adams
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1 day of November, 1994.
Attest:
Je rey K. Bart ,Clerk
November 1, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ohn W. Tip i
Chairman
9 BOOK P,kl,E P'
BOOK PAGE 679
T. County Owned Land Swab
The Board reviewed memo from General Services Director Sonny
Dean dated October 25, 1994:
DATE: OCTOBER 25, 1994 - -
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: COUNTY OWNED LAND SWAP
BACKGROUND:
On October 4, 1994, the Board approved a land swap between Indian
River County and Timber Ridge, Inc. In accordance with Florida �1 _
State Statue, the subject transaction was advertised and a
resolution is hereby attached as required by the law.
ANALYSIS:
Timber Ridge, Inc. has agreed to pay for all cost associated with
surveys and paperwork. The County will pay for their own title
insurance.
RECOMMENDATIONS:
Staff recommends approval and requests authorization for the
Chairman to execute the attached resolution.
Donald Smith, resident of Timber Ridge, recounted that he and
his neighbors have been subjected to recent governmental actions
which were distasteful to them and which impacted on their
properties. He was concerned that the subject land swap could
bring about an enlargement of the transfer station operation. He
was given information that the County has no plan to enlarge the
transfer station, but he asked for assurance from the Board to
substantiate that information. Mr. Smith stated that he and his
neighbors use the trash transfer station, but they do not want that
operation moved closer to their area.
Administrator Chandler confirmed that we have absolutely no
plan to expand or enlarge or modify the Oslo transfer station. The
owner of- a 3.5 -acre parcel which abuts the transfer station
inquired whether we would be amenable to a swap of that parcel for
a parcel on the west side of Lateral J. The County has no need for
the property west of-.Lateral.J and the 3.5 -acre parcel added to the
site will square off the boundary. It was a simple land swap and
we have absolutely no plan to change that operation.
10
November 1, 1994
Mr. Smith asked whether the transfer station will continue in
operation, and Administrator Chandler responded that for the
immediate future we will continue operating that transfer station.
The only possible change would take place if we were to go to
countywide mandatory trash collection.
Chairman Tippin explained that the Board makes the assurance,
but the Department of Environmental Protection may make changes in
the new rules which we must follow.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-140 authorizing the exchange of real
property.
COUNTY DEED IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY AND A COPY IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
RESOLUTION NO. 94- 140
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE EXCHANGE OF
REAL PROPERTY.
WHEREAS, the County and Timber Ridge both own 3.582 acres in
close proximity to each other; and
WHEREAS, the County and Timber Ridge are desirous , of
exchanging said parcels; and
WHEREAS, Section 125.37. F. S . , empowers the County to make
such exchanges,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. The Chairman is authorized to sign all necessary papers to
effect the exchange of the following properties:
3.582 acres of County land located within the property
boundary of the Oslo Landfill West of Lateral "J" ' canal for
3.582 acres of land owned by Timber Ridge located West of
8th Avenue, S.W., South of the Oslo Landfill and East of
Lateral "J" canal.
November 1, 1994
BOOK PA.,� 681
The resolution was moved to 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 A y e
Vice Chairman Kenneth R. Macht A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this ' 1 day of November , 1994.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
By ,
Clerk W . Tippin
�. C 'rman
Indim Rive Ca Approved Date
Admin. '1 F)
Legal
Budget Q' • �S�
Dept. �D
Risk Mgr.
K. Award Bid #5019, Testing Services for CR -510 and AlA Intersection
Improvements
The Board reviewed memo from Purchasing Manager Fran Boynton -
Powell dated October 26, 1994:
12
November 1, 1994
DATE: October 26, 1994
TO:. BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director,'
General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #5019/Testing Services for CR510 and
SR AIA Intersection Improvements - Public Works
BACKGROUND INFORMATION:
Bid Opening Date: October 5, 1994
Advertising Dates: September 20 & 27, 1994
Specifications Mailed to: Fifteen (15) Vendors
Replies: Ten (10) Vendors
BID TAB
Atlantic Testing
Empire Engineering
Fraser Engineering
KSM
Universal Engineering
Dunkelberger Engineers
LJ Nodarse & Associate
Federal Engineering
Professional Service
Ardaman & Associates
BID TOTAL
Melbourne
$4,909.00
Vero Beach
$4,939.00
Ft. Pierce
$5,067.50
Sebastian
$51.631.50
Merritt Island
$6,763.00
Port St. Lucie
$71,248.00
Winter Park
$7,363.00
Palm Ba
West Palm Beach
$7,739.50
Port St. Lucie
$9,593.00
TOTAL AMOUNT OF BID $4,909.00
SOURCE OF FUNDS Road Improvements/CR510 & SR AlA
Intersection
ESTIMATED BUDGET
$7,000.00
RECOMMENDATION
Staff recommends--that-the bid be awarded to Atlantic Testing
Laboratories -as the lowest, most responsive and responsible
bidder meeting specifications as set forth in the Invitation
to Bid.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously awarded
Bid 15019 to Atlantic Testing Laboratories for
Testing Services for CR -510 and SR -AIA intersection
improvements in the amount of $4,909.00, as
recommended by staff.
13
November 1, 1994
L. Agreement with John Holt Sutherland III and Lisa Jaye Sutherland for
Temporary Water Service
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 10, 1994:
DATE:
TO:
FROM:
PREPARED AND
AND
STAFFED BY:
SUBJECT:
BACKGROUND
OCTOBER 10, 1994
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PI
DIRECTOR OF UTILI /�JJ VICES
JAMES D. CHAS C.
MANAGER OF AS MENT PROJECTS
DEPARTMENT OF UTILITY SERVICES
INDIAN RIVER COUNTY AND JOHN HOLT SU ERLAND III AND
--LISA JAYE SUTHERLANH
7.'EMPORARY WATER SERVICE
John Holt and Lisa Jaye Sutherland III have requested that temporary
service be installed from the water line on Old Dixie to service his
property at 845 5th Place, Vero Beach, Florida 32966, prior to the
installation of a water main on 5th Place.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
Mr. and Mrs. Sutherland III until such time that a water line is
constructed on 5th Place by assessment. They agree to pay all fees
required to make this -connection. They further agree to participate
in the assessment and to reconnect to this water line as required by
IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Mr. and
Mrs. Sutherland III on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the agreement with Mr. and Mrs. Sutherland.III for
temporary water service, -as recommended by staff.
AGREEMENT IS RECORDE0 TN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
AND IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
14
November 1, 1994
- M
-M. Acceptance of Vero Beach Deed of Easement for Utility System for Vero
Highlands
The Board reviewed memo from County Attorney Charles Vitunac
dated October 24, 1994:
TO: Board of County Commissioners
FROM: Charles P. Vitu , County A orney
DATE: October 24, 1994
RE: Acceptance of Vero Beach Deed of Easement for
Utility System for Vero Highlands
The Department of Utility Services has requested that the City of Vero
Beach give an easement to the County for use of one of the City's
electrical easements as part of the County utility system, and the City
has agreed to do so subject :to certain conditions. The conditions are
that the County remove its utility systems if required and pay $1200.00
per year per mile beginning 1/5/95 for the use of the right of way.
Requested Action: Staff recommends County acceptance of the City
easement and authorization for the Chairman to execute same.
Assistant County Attorney Terry O'Brien recounted that in
February of 1992 the City -of Vero Beach asked for and received an
easement for power lines over County property. Then Commissioner
- Scurlock made a motion to charge the City $1,500 per year for the
easement, and_the Board passed that motion. Prior to that the
County and the City would grant easements to each other with no
conditions. Recently the Department of Utility Services requested
an easement and the City agreed to grant that easement subject to
a payment of $1,200 per year. Attorney O'Brien reported that he
and Assistant Director of Utilities Services Harry Asher approached
the City to see if they would accede to reverting to the old
procedure. Vero Beach City Manager Tom Nason explained that the
only reason the City required the $1,200 fee is because of the
County's $1,500 fee. Attorney O'Brien suggested that the Board
reform the easement of 1992 to remove the fee. The City will then
remove their fee from this easement, and it will promote
intergovernmental harmony and remove some bookkeeping.
FAU
15 BOOK 664
November 1, 1994
BOOR(
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the recommended alternate suggested by Attorney
O"Brien to reform the 1992 easement granted to the
City of Vero Beach by deleting the condition which
required the City to pay -the County $1,500 per year.
CORRECTIVE DEED OF EASEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
AND IS ON FILE IN THE OFFICE OF CLERK.TO THE BOARD
R'a>
�Ast
N. Resolution Cancelling Taxes Upon Publicly Owned Lands
The Board reviewed memo from Deputy County Attorney William G.
Collins II dated October 20, 1994:
TO:
The Board
of County
Commissioners
FROM:
W<--
William G.
Collins II -
Deputy County Attorney
DATE: October 20-, 1994
SUBJECT: A Resolution Cancelling Taxes Upon Publicly Owned Lands
A resolution has been prepared for the purpose of cancelling any delinquent
or current taxes which may exist on. the following property acquired by
Indian River County for right-of-way purposes:
Right -of -Way acquired from Sal P. Suriano; Steven R. Taylor
and Patricia McDonald; Victor and Mildred E. Griffin; and Edwin E. and
Betty D. Flannery, fully described in that Maintenance Map for 26th Street
(Walker -Avenue), recorded in -Plat Book 14, Pages 18-18A, Public
Records of Indian River County, Florida.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
Resolution cancelling certain taxes upon publicly owned lands, and the Clerk
- to send a certified copy of same to the Tax Collector and Property Appraiser
so that any delinquent or current taxes can be cancelled.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 94-141 cancelling certain taxes upon
publicly owned lands, as recommended by staff. -
16
November 1, 1994
10/94 ( RESO \ taxis®so .44 ) LEGAL (W G -C / rihm )
33-32-39-00001-0140-00001.4
33-32-39-00001-0150-00001.6
3.3-32-39-00001-0150-00002.1
33-32-39-00001-0150-00005.1
RESOLUTION NO. 94-141
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN TAXES UPON
PUBLICLY OWNED LANDS, PURSUANT TO SECTION
196.289 FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel' and discharge any and all
liens for taxes, delinquent or current, held or owned by the county or the
state, upon lands heretofore or hereafter conveyed to or acquired by any
agency, governmental subdivision, or municipality of the state, or the United
States, for road purposes, defense purposes, recreation, reforestation, or
other public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS,. upon receipt
of
a certified copy of such
resolution,
proper officials of the county and
of
the state are authorized,
empowered,
and directed to make
proper entries upon
the
records to accomplish such
cancellation and -to do
all things necessary
to
carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens fur taxes delinquent or current against the following described lands,
which were acquired for right-of-way from Sal P. Suriano; Steven R. Taylor
and Patricia McDonald; Victor and Mildred E. Griffin; and Edwin E. and
Betty D. Flannery, are hereby cancelled pursuant to the authority of section
196.28, F..S.
17 BOOK
November 1, 1994
POOK b3 PALE S 7
See attached Maintenance Map for 26th Street
(Walker Avenue) describing lands, recorded in
Plat Book 14, Pages 18-18A, Public Records of
Indian River County, Florida.
The resolution was moved for adoption by Commissioner
and the motion was seconded by Commissioner A d a m c , and, upon being
put to a vote; the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht A y e
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1 day of November, 1994.
Attest:
Clerk
TAX CERTIFICATES OUTSTMIDING
CURRENT PRORAI'E!j t;Ap '!'::f f!`CU Auo
DEPOSITED WITH TAX GOLLEG I Oil
November 1, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
r
John ipp n,rman
_/
18
Indian Riv«r Cl
Approved
Date
Admin.
_ L -'tai
' � L9 �'
,.<�,�.-.,�';.•
�f.ljsk
_ ---
`-
M nr.
O. Release and Substitution of Conservation Easement - Lindsey Lanes
Subdivision - -=
The Board .reviewed memo from Deputy County Attorney_ William G..
Collins II dated October 20, 1994:
TO: The Board of County Commissioners
FROM: Lot/
William G. Collins II - Deputy County Attorney
DATE: October 20, 1994
SUBJECT: Release and Substitution of Conservation Easement - Lindsey
Lanes Subdivision
On July 26, 1994 at its regular meeting, the Board of County Commissioners
approved the concept of creating a 312 -acre native upland "land bank", to be
utilized in future situations where circumstances within the Lindsey Lanes
Subdivision require the release of any platted conservation easements.
A request has been received to debit the land bank by 1,600 square feet
and for the release of the existing conservation easement on Lot 2, Block B,
Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 2, Block B, Lindsey Lanes Subdivision,
- - Phase I to the land bank placed under conservation easement on August 5
1994 and as recorded at O.R. Book 1030, Page 428, Public Records of Indian
River County.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
and authorized the Chairman to execute the Release
and Substitution of Conservation Easement from Lot
2, Block B, Lindsey Lanes Subdivision, Phase I, as
recommended by staff. -
RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
AND IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
19 Bou 93 PACE
November 1, 1994
BOOK
ra
pmL689
P. Dock License Agreement - Country Club Pointe Subdivision -
The Board reviewed memo from Deputy County Attorney William G.
Collins II dated October 21, 1994:
TO:
The Board
of County
Commissioners
FROM:
&.76 -William G.
Collins II -
Deputy County Attorney
DATE: October 21, 1994
SUBJECT: Dock License Agreement - Country Club Pointe Subdivision
In December of 1992, Mr. and Mrs. Francis Byrne entered into a License
Agreement with Indian River County (recorded at O.R. Book 957 at Page
1982 of the Public Records of Indian River County) for the use of the
County's riparian land for a dock facility. Mr. and Mrs. Byrne _
subsequently sold their Country Club Pointe property (Lot 16, Block 4,
Country Club Pointe, Unit No. 2) to Mr. and Mrs. David C. Helman.
Covenant No. 9 of the Byrne License Agreement provides that upon sale of
the Byrne property, the License Agreement terminates, however the
purchaser can enter into a similar license agreement with the County. The
Helmans have expressed a desire to enter into such a license agreement with
Indian River County, a copy of which is attached.
RECOMMENDATION:
Approve the attached License Agreement between Indian River County and
Mr. and Mrs. David C. Helman, and authorize the Chairman to execute same
prior to recording in the Public Records 'of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the License Agreement with Mr. and Mrs. David C.
Helman for use of the County's riparian land for a
dock facility.
LICENSE AGREEMENT
IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
AND IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
Q. Release of County Assessment Liens for Paving and Drainage Projects -
The Soard reviewed memos (5) from Legal Assistant Nancy
Mossali dated October=19 and -October 21, 1994:
20
November 1, 1994
TO: The Board of County Commissioners
FROM: Nancy H. Mossali, Legal Assistant County Attorney's Office
DATE: October 19, 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8418 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8418
(paving and drainage improvements to 10th Court, S.W. between 11th Street,
S.W. and 9th Street, S.W.) to release paid assessment liens* from the below
listed properties:
° 25-33-39-00006-0040-00007.0 (from NW corner of West 5 acres of
East 10 acres of Tract 4, run South 600 feet to Point of
Beginning, run East 70 feet thence South 100 feet; thence West 70
feet; thence North 100 feet to Point of Beginning LESS West 20
feet thereof)
It is requested that the Board authorize the Chairman to execute said
Release..
Back-up information for the above is on file in the County Attorney's Office.
* Properties herein being released from Project No. 8418 are fully described
in the assessment roll attached to Resolution No. 91-182, recorded at O.R.
Book 917, Page 2894, Public Records of Indian River County, Florida.
TO: The Board of County Commissioners
FROM:ancy H. Mos sali, Legal Assistant - County Attorney's Office
DATE: October 19, 1994 `
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8709 • (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8709
(paving and drainage improvements to 42nd Avenue between 10th Street and
12th Street in . Malaluka Gardens Subdivision) to release _paid assessment
liens* from the below listed properties:
° Lot 14, Block A, Malaluka Gardens Subdivision
° Lots 4 & 5, Block B, Malaluka Gardens Subdivision
° Lots 12 and 13, Block M, Malaluka Gardens Subdivision
° Lot 16 and N 30' of Lot 15, Block M, Malaluka Gardens Subdivision
° Lot 17 and S 30' of Lot 18, -Block M, Malaluka Gardens Subdivision
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's Office.
* Properties herein being released from Project No. 8709 are fully described
in the assessment roll attached to llesolution No. 90-162 recorded at O.R.
Book 943, Page 1480, Public Records of Indian River County, Florida.
a
21 BOOK
November 1, 1994 fir.
BOOK W PAGE 6,9
TO: ,The Board of County Commissioners
"
FROM: �, �lJ" Nancy H. Mossali, Legal Assistant - County Attorney's Office
DATE: �JOctober 19, 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 8845 * (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 8845
(paving and drainage improvements to Frangipani Drive from C. R. 510 to
Magnolia Drive) to release paid assessment liens* from the below listed
properties:
° 23-31-39-00001-0020-00008.0 (Lot 8 & S 1/2 of. Lot 9, Block B,
Oceanaire Heights Unit No. 1)
° 23-31-39-00001-0030-00005.0 (Lot 5, Block C, Oceanaire Heights
Unit No. 1)
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above is on file in the County Attorney's Office.
* Properties herein being released from Project No. 8845 are fully described
in the assessment roll attached to Resolution No. 91-11 recorded at O.R.
Book 943, Page 1464, Public Records of Indian River County, Florida.
TO: The Board of County Commissioners
FROM:t_A Nancy H. Mossali,.'Legal Assistant - County Attorney's Office
DATE: October 39, 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 9043 (for paving and drainage)
A routine form of Release has been prepared for Assessment Project No. 9043
(paving and drainage improvements to 101st Avenue between 87th Street and
C.R. 512 in Vero Lakes Estates Subdivision) to release paid assessment
liens* from the below listed properties:
° Lots 8 & 9, Block K, Vero Lake Estates Subdivision, Unit H
° Lot 14, Block K, Vero Lake Estates Subdivision, Unit H
° Lots 7 & 8, Block M, Vero Lake Estates Subdivision, Unit H
° Lot 13, Block G, Vero Lake Estates Subdivision, Unit H-1
° . Lots 3 & 4, Block V, Vero Lake Estates Subdivision, Unit H-1 .
It is requested that the Board-- authorize the Chairman to execute said -
Release .
Back-up information for the above is on* file in the County Attorney's Office.
* Properties herein being released from Project No. 9043 are fully described
in the assessment roll attached to -Resolution No. 91-95 recorded at O.R.
Book 940, Page 1116, Public Records of Indian River County, Florida.
22
November 1, 1994
I
s
TO: The Board of County Commissioners
FROM: �K�ancy H. Mossali, Legal . Assistant - County Attorney's Office
DATE: October 219 1994
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECT NO. 9211 (for paving and drainage)
A routine form of Release has been prepared for Assessment
Project No. 9211
(paving
and drainage improvements to 91st Avenue
between
79th Street and
87th Street in Vero Lake Estates Subdivision) to
release
paid assessment
liens* from the below listed properties:
°
34-31-38-00007-0200-00002.0
(Lots 2
& 3, Block 20,
Unit 4)
°
34-31-38-00007-0200-00004.0
(Lot
4,
Block
20,
Unit
4)
°
34-31-38-00007-0200-00005.0
(Lot
5,
Block
20,
Unit
4)
°
34-31-38-00007-0200-00006.0
(Lot
6,
Block
20,
Unit
4)
°
34-31-38-00007-0200-00007.0
(Lot
7,
Block
20,
Unit
4)
°
34-31-38-00007-0200-00008.0
(Lot
8,
Block
20,
Unit
4)
°
34-31=38-00007-0190-00009.0
(Lot
9,
Block
19,
Unit
4)
°
34-31-38-00007-0190-00010.0
(Lot
10,
Block
19,
Unit
4)
°
34-31-38-00007-0190-00011.0
(Lot
11,
Block
19,
Unit
4)
°
34-31-38-00007-0190-00013.0
(Lot
13,
Block
19,
Unit
4)
°
34-31-38-00007-0190-00014.0
(Lot
14,
Block
19,
Unit
4)
°
34 -31 -38 -00007 -0190 -00015.0` -{Lot
15,
Block
19,
Unit
--4)
°
34-31-38-00002-0150-00009.0
(Lot
9, Block 15, Unit
3)
°
34-31-38-00002-0150-00010.0
(Lot
10,
Block
15,
Unit
3)
°
34-31-38-00002-0150-00011.0
(Lot
11,
Block
15,
Unit
3)
°
34-31-38-00002-0150-00012.0
(Lot
12,
Block
15,
Unit
3)
°
34-31-38-00002-0150-00013.0
(Lot
132
Block
15,
Unit
3)
°
34-31-38-00002-0150-00014.0
(Lot
140
Block
15,
Unit.
3)
°
34 -31 -38 -00002 -0150 -00015.0 -(Lot
15,
Block
15,
Unit
3)
°
34-31-38-00002-0150-00016.0
(Lot
16,
Block
15,
Unit
3)
°
34-31-38-00002-0160-00001.0
(Lots
1 & 2, Block
16, Unit 3)
°
34-31-38-00002-0160-00003.0
(Lot
39 Block 16,
Unit 3)
°
34-31-38-00002-0160-00004.0
(Lot 4, Block 169
Unit 3)
23 BOOK PAL0
November 1, 1994 41.
Boa
°
34-31-38-00002-0160-00005,0
(Lot
5, Block
16, Unit 3)
°
34-31-38-00002-0160-00006,0
(Lot
6, Block
16, Unit 3)
°
34 -31 -38 -00002 -0160 -00007,0
-(Lot
7, Block
16, Unit 3)
°
34-31-38-00002-0160-00000,0
(Lot
8, Block
16, Unit 3)
°
34-31-38-00001-0110-00000,0
(Lots 9 & 10,
Block 11, Unit 2)
°
34-31-38-00001--0110-00012,0
(Lot:A29,
Block 11, Unit 2)
°
34-31-38-00001-0110-00013,0
(Lot
13, Block 11, Unit 2)
°
34-31-38-00001-0110-00014,0
(Lot
14, Block 11, Unit 2)
0
34-31-38-00001-0110-00015,0
(Lot
15, Block 11, Unit 2)
°
34-31-38-00001-0110-00016,0
(Lot
16, Block 11, Unit 2)
°
34-31-38-00001-0120-00001,0
(Lots 1 & 2, Block 12, Unit 2)
°
34-31-38-00001-0120-00003,0
(Lot
3, Block
12, Unit 2)
°
34-31-38-00001-0120-00005,0
(Lot
5, Block
12, Unit 2)
°
34-31-38-00001-0120-00006,0
(Lot
6, Block
12, Unit. 2)
°
34-31-38-00001-0120-00007,0
(Lot
7, Block
12, Unit 2)
°
34-31-38-00001-0120-00008,0
(Lot
8, Block
12, Unit 2)
°
27-31-38-00003-0010-00005,0
(Lot
5, Block
1, Unit 1)
° 27-31-38-00003-0010-00006,0 (Lot 6, Block 1, Unit 1)
° 27-31-38-00003-0030-00005,0 (,Lot 5, Block 3, Unit 1)
° 27-31-38-00003-0030-00006,0 (Lot 6, Block 3, Unit 1)
° 27-31-38-00003-0040-00005,0 (Lot 5, Block 4, Unit 1)
° 27-31-38-00003-0050-00001,0 (Lot 1, Block 5, Unit 1)
° 27-31-38-00003-0050-00012,0 (Lot 12, Block 5, Unit 1)
° 27-31-38-00003-0060-00001,0 (Lot 1, Block 6, Unit 1)
° 27-31-38-00003-0070-00012,0 (Lot 12, Block 7, Unit 1)
° 27-31-38-00003-0080-00012,0 (Lot 12, Block 8, Unit 1)
It is requested that the Board authorize the Chairman to execute said
Release.
Back-up information for the above Is on file in the County Attorney's Office.
Properties herein being released from Project No. 9211 are fully described
in the assessment roll attached to Resolution No. 93-30,,- recorded at O.R.
Book 964, Page 1465, Public Records of Indian River County, Florida.
November 1, 1994
M
24
M
ON. MOTION by Commissioner ..Eggert_, ._ SECONDED by
Commissioner Adams, the Board unanimously approved
releases as listed in above memoranda.
SAID RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
R. Release of Utility Liens
The Board reviewed memo from Lea R. Keller, CLA, dated October
20, 1994:
TO: BOARD OFF} COUNTY COMMISSIONERS
xxp. K - . .
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: October 20, 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 that they can be recorded. The
names and projects are:
1. Satisfaction of Impact Fee Extension:
REGOORD
WOOLFORK
2. Phase III Water Special Assessment:
BARILLA
BRASSER
BRAVE
BRAUN
BEUCHNER (3)
CHAMBERLAIN
DOWLING
GINDLESPERGER .
HAWKINS
HUNTER JR.
KIER
LACHER
LOCKWOOD (6)
MAIORANA
MAZZONE
MILAUCKAS (2)
MONROE/MEUSE/COLEMAN
OATES
QUILLEN
ROBERTO
ROLLINS
STEIN
TRUSSELL
3. Shady Oaks Water Special
Assessment:
SCOTT/COKE
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the releases as listed in staff's memorandum.
SAID RELEASES
ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
25 Bo
November
�e-�
November 1, 1994
BOOK 3 Phu
S. Cancellation of Outstanding Taxes on Properties Purchased for Count
Use
The Board reviewed memo from Lea R. Keller, CLA, dated October
21, 1994:
TO: BO�AQR_DD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County•Attorney's Office
THRU: Charles P. Vitunac, County Attorney•
DATE: October 21, 1994
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
Attachments: 2 Resolutions -
Parcel #15-32-39-00000-7000-00007.0
Scopinich & Akers
R/W - 53rd Street (US #1 to Old Dixie Hwy.)
Parcel #17-33-39-00001-0160-00002.0
Parcels 106 and 106-A, 58th Avenue
David & Elan Feldman
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the _ Boar d unanimously adopted
Resolution 94-142 and Resolution 94-143 cancelling
certain delinquent taxes upon publicly -owned lands,
as -recommended by staff.
26
November 1, 1994
Re: R%W=i539dr5t?Aet (US#1 to Old Dixie Hwy.'- _ 10/17/Q4(r.®wo\Eawaw�Vk.142
Parcel #15-32-39-00000-7000-00007.0
Scopinich & Akers
i
RESOLUTION NO. 94- 14 2
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public used and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and; entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be dsvotedt and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1024, Page 2956, which was recently acquired by
Indian River County for.right of way purposes on 53rd Street, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resblution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Adams , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 1 day of November , 1994.
Attest:
Atta�Clerk FRe-y •�,C1'V(,
gal.D. ription
November 1, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman
John W. Tippin
_
ina n a,ti., Ca Arproved Daie
Admen.
eu�6t
�"ci
27
Deni
Risk N1 gr,
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BOOK 3 mu 07
Ref R1W-xL989h=AVWAue (Parcels 106 & 106A)
Parcel X17-33-39-00001-0160-00002.0
David & Elan Feldman
RESOLUTION NO. 94- 143
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN- DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida 'Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the united States,.
for road purposes, defense purposes, recreation, reforestation, or other
public user and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.y
NOW, THEREFORE, BE IT RESOLVED -BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1033, Page 895, which was recently acquired by
Indian River County for right of way purposes on 58th Avenue, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Fggart , and
the motion was seconded by Commissioner Adams , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 1 day of November , _ 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attests
( Chairman
Clerk eF�P,e _�RRTa� �ofin W. T i p p i n
At"a hments Legal script on h'..") A'ff 6n Aocroved Date
• i_ryl -
28 RI¢k Mar
November 1, 1994
T Set Public Hearing Date to Consider Ordinance Establishing Disclosure
of Relationship Procedures for Entities Doing Business with -Indian River
Count
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated October 21, 1994:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: October 21, 1994 `
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
ESTABLISHING A DISCLOSURE OF RELATIONSHIP
PROCEDURES FOR ENTITIES DOING BUSINESS WITH THE
COUNTY.
The attached ordinance has been prepared at the request of
Commissioner Fran Adams establishing a new Section 105.08 that
provides for disclosure of relationships for entities doing business with
Indian River County.
A public hearing date of November 22, 1994 is suggested.
Commissioner Eggert questioned use of the word "entity" and it
was the consensus of the Board that it conveys the intended
meaning.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing on November 22, 1994 to consider an
ordinance establishing a new Section 105.08 that
provides for disclosure of relationships for
entities doing business with Indian River County.
U. Request for Public Hearing Date: Ordinance Amending Section 102.04
Entitled "Order of Business" of the Indian River County Code
The -Board reviewed memo from Assistant County Attorney Terry
O'Brien dated October 20, 1994:
29 BOOK PAGEa
November 1, 1994
BOOK b3 PAa 6�J
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney94
DATE: October 20, 1994
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 102.049 ENTITLED
"ORDER OF BUSINESS" OF THE INDIAN RIVER
COUNTY CODE.
At a recent Commission meeting the subject matter was discussed and it
was the consensus that "Public Hearings" should come before "Public
Discussion Items." An ordinance to effect this change is attached.
A public hearing date of November 22, 1994 is suggested.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously scheduled
a public hearing on November 22, 1994 to consider an
ordinance amending Section 102.04, entitled "Order
of Business" of the Indian River County Code.
V. Presentation of Proclamations
The Board reviewed memo from Chairman Tippin dated October 27,
1994:
TO: Board of County Commissioners
FROM: John W. Tippin, Chairman
DATE: October 27, 1994
SUBJECT: Presentation of Proclamations
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
It occurs to me that we don't exercise any screening of
proclamations adopted by the Board. Our meeting agendas are also
getting longer and the number of proclamations being presented is
taking up more time that perhaps could be better used for other
issues.
I have been given to understand that, during one of his years as
Chairman, past. commissioner Pat Lyons elected not to present
proclamations unless they were honoring an individual for
meritorious service; all other_ proclamations were placed on the
consent agenda.
I would recommend to the Board that we also develop a policy of
not presenting proclamations unless they are honoring an
individual, .and. that all other proclamations --approved by the
Board should be placed under the consent agenda and mailed to the
requesting parties.
30
November 1, 1994
I
ON_ MOTION by Commissioner _Eggert,__ SECONDED by
Commissioner Adams, the Board unanimously approved
the policy of not presenting proclamations unless
r they are honoring an _individual; all other
proclamations will be placed on the Consent Agenda
and mailed to the requesting parties.
PUBLIC HEARING - NATIONAL HEALTH CORPORATION L.P.,
REQUEST FOR APPROVAL OF SPECIAL EXCEPTION USE TO
CONSTRUCT AN ADULT CONGREGATE LIVING FACILITY MLD
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press•Joumal, a dally newspaper published
at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being
a WlL /
C '
In the matter of 27�-eLTG T
i
In the Court, was pub-
/( /� ✓
Ilahad in said newspaper In the issues of L� C7iL y �e+�� f yl•
NOTICE OF PUBLIC HEARING
NOft Of hearing t0 consider the grantlrg of spe-
dal excce�pption use approval for an adult congregate
care fadlty.' The
subject property is presently tomer
contract by National Health Cotp L.P., and -located
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
In Section 25, Towmto 32 and RwW 39. See the
above map for the locatI0n. -
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
published In said Indian River County, Florida, each dell and has been
been continuouslyy y
tic at which
A � � parties in Interest and
entered as second class malt matter at the post office in Vero Beach, In sold Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
Citizen shall have an opportunity to be heard, Will
be held by the Board of County Commissioneirs of
advertisement; and afflant further says that he has neither paid nor promised any person, firm
Indian River. County, Florida, in the
or corporation any discount, rebate, commission or refund for the purpose of securing this
slon Chambers Of the County Administratlon Buk-
advertiaemenl for publication in the said newspaper.
I 1
k1g, located at 1840 25th Street, Vero Beach, Flor.
Ida on Tuesday, Novernber 1;1994 at 9:05
.
S,,�� d before•me this ��� ay A.O. 19
.�,.,�
am.
Anyone who may wish to al decision
which may be made ads
OTgAj:� •�- „� rL�
ON , -•
at mee will reed to en -
slue that a verbatim retard of'the proc�dhp is
. -
_ 9lycomm. f (Business snag
_ �t s : Sm" l C. SPRAGi iF, w)TARY PALM,
a .hate 29.1997 = Slate of Florme. sty cnmmw..,n t.: � 29.1 ear
made, which Indudes testimony and ev�erica uport
which th@ appeal is based.
' No. CC3M7p C3M15J2
-
ANYONE WHO NEEDS A SPECIAL ACCOMMOI)A-
TION FOR THIS MEETING MUST CONTACT THE
a��Lc'"• OQ\�`•. `1''A �'t',• / ���
may'"
COUNTY'S AMERICANS WITH DISABILITIES ACT
.-I(ADA) COORDINATOR AT 567-8000 X223 AT
OF
Notary: BARBARA C srnAm
LEAST 48 HOURS IN ADVANCE OF THE MEET.
ING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY-S,WM W. Tulin, Chalmisin
Oct 12,1994 1138895
Planning Director Stan Boling made the following presentation:
31BOOK�_mi,7
November 1, 1994
BOOK U� PAGE10'
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE:
Robert M. es1-7
Rting,lint
AICP
Community Developm D ctor
THROUGH: Stan Boling..
Planning Director
FROM: John W. McCoy, AICP /TW vw
Senior Planner, Current Development
DATE: October 24, 1994 -
SUBJECT: National Health . Corp. L.P.Is Request for Special
Exception Use Approval to Construct an Adult Congregate
Living Facility.(ACLF)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 1, 1994.
DESCRIPTION & CONDITIONS:
Carter Associates, Inc. has submitted an application for concurrent
special exception use and major site plan approval on behalf of
National Health Corp. L.P. to construct an adult congregate living
facility (ACLF) for the elderly. ;The applicant is requesting -
approval to construct the 168 unit (216 bed) facility in two
phases, with 84 units (108 beds) in each phase. Recently, the
subject property was rezoned from RS -6 to RM -8; the RM -8 district
allows ACLFs, such as the one proposed, as a special exception use.
The subject property is located approximately 1,000' north of 37th
Street on the west side of Indian River Boulevard (see attachment
#2) . -
Pursuant to Section 971.05 of the LDRs, the Board of County
Commissioners is to consider the appropriateness of the requested
use based on the submitted site plan and suitability of the site
for that use. The Board may approve, approve with conditions or
deny the special exception use request. The County may attach any
conditions and safeguards necessary to mitigate impacts and to
ensure compatibility of the use with the surrounding area.
At its October 13, 1994 meeting, the Planning and Zoning Commission
voted unanimously to recommend that the Board of County
Commissioners approve - the special exception use request, and
approved the major site plan application with conditions and
subject to Board of County Commissioners approval of the special
exception use request. Thus, if the Board approves the special
exception. use request, the conditional major site plan approval -
will become effective.-
ffective.-
ANALYSIS-.---
ANALYSIS:
1.
1. Size of Property: -Gross Area: 18.32 acres
Limits of Development:. -'Phase I: 7.81 acres
Phase II: 2.02 acres
Overall: 9.83 acres
32
November 1, 1994
2. Zoning Classification: RM -8, Residential Multi -Family (up to
8 units per acre) __--
3. Land Use_Designation: M-1, Medium Density 1 (up to 8 units
per acre)
4. Density: Density for an ACLF project is determined by the
formula contained in section 971.28(3), which converts the
normal units per acre measurement into a people per acre
measurement, based on the project acreage and zoning, and upon
the zoning of surrounding properties. The ACLF "density"
formula is as follows:
(Number of allowable units) X (2 people per unit) X 1.5 =
maximum number of people
Based upon the project proposal, the density formula for this
project is as follows:
(78.64 allowable units X 2 people per unit) X 1.5 = 235.92 or
235 people (beds) for the total project.
Number of beds/people allowed: 235
Number of beds/people proposed: 216
5. Open Space: Required: 30%
Proposed: 50%
6. Off -Street Parking: Required: Phase I: 54 spaces
Provided: Phase I: 74 spaces
Required: Phase II: 108 spaces
Provided: Phase II: 108 spaces
Note: Phase II figures are for project build -out.
7. Phasing: The project will be constructed in two phases with
108 beds being provided in each phase. Some Phase I
improvements (parking) overlap a portion of the Phase II area
of development. Therefore, there will be some redevelopment
of the Phase'I site with the development of Phase II. All
access and drainage improvements required for the overall
project will be constructed with Phase I.
8. Traffic Circulation: The site plan proposes access to Indian
River Boulevard. This proposed access has been approved by
the county engineering and traffic engineering divisions. A
shared driveway connection to Indian River Boulevard for the
subject property and the property to the north was approved
and provided for during right-of-way acquisition for the
Boulevard. During construction of the Boulevard, a median cut
and driveway apron for this common driveway were constructed.
Ultimately, this common driveway is intended to serve the
subject property and the property immediately north.
This project's driveway design accommodates and uses the
common driveway. To facilitate the access and driveway design
as proposed by the applicant and agreed to -by staff, the
project property owner will need to execute a cross access
easement, acceptable to - the County Attorney's Office, which
establishes legal access and use of the common driveway by
owners of the subject property and the property immediately
north. Prior to site plan release, this cross access easement
must be executed and recorded.
an
33 BOOK PAU
November 1, 1994
BOOK
The driveway design and the internal circulation• plan have
been approved by the County Traffic Engineer, subject to the
cross access easement agreement referenced above.
9. Stormwater Management Plan: The stormwater management plan
has been approved by the County Engineering Department, and
the applicant will be required to obtain a Type "B" stormwater
permit prior to site plan release.
10. Utilities: The project will receive water and wastewater
services from the County -Department of Utility Services.
These utility provisions have been approved by the
Environmental Health Department and the County Department of
Utility Services.
11. Dedications and Improvements: The applicant -has submitted a --
traffic
-traffic impact analysis of the project and has obtained -
approval of the analysis from the County Traffic Engineer.
Based upon the approved analysis, certain off-site traffic
improvements are required, including acceleration and
deceleration tapers for the project driveway on Indian River
Boulevard. The tapers will need to be constructed prior to
the issuance of a C.O. (certificate of occupancy) for Phase I
of the project.
12. Concurrency: The developer has executed a concurrency
agreement, stating that the developer will obtain an initial - -
concurrency certificate prior to the issuance of a building
permit. This agreement satisfies the project's concurrency
requirements related to site plan approval.
13. Environmental Issues: The site was previously a citrus grove;
therefore, there are no native uplands on site, and the upland
set aside requirements of MDR section 929.05 do not apply.
However, there is a small isolated wetland (28,314 sq. ft.) on
the site which has been claimed by the St. Johns River Water
Management District as a jurisdictional wetland. The proposed
development will fill and impact the wetland; therefore, the
developer will be required to obtain a county wetland resource
permit prior to site plan release. The wetland resource
permit will require mitigation necessary to off -set the
impacts of the proposed filling.
14. Specific Land Use Criteria: The following specific land use
regulations apply.to ACLFs:
(d) Criteria for group homes: Level I, II, III and
residential centers and adult congregate living facility.
Group homes shall be distinguished by their resident
capacity as follows:
1. Level I group home or ACLF, up to eight (8)
residents including caretaker(s) per shift);
_.2. Level II group home or ACLF, up to twelve (12) _
residents including caretaker(s) per shift;
3. Level III group `home or ACLF, up to twenty (2 0)
residents including caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or
-
III), twenty-one (21).;or more residents including
caretaker(s) per shift.
34
November 1, 1994
(e) Those --group homes or ACLFs whose residents are service
dependent persons requiring special protection or
custodial care in order to meet their emotional and/or
physical needs must meet all licensing requirements from
the Department of Health and Rehabilitative Services of
the State of Florida.
1. The use shall satisfy all applicable regulations of
the State of Florida and Indian River County as
currently exist;
2. The approving body shall determine that the
proposed use is compatible with the surrounding
neighborhood in terms of land use intensity. The
maximum allowable land use intensity shall be
computed as follows:
a. Regarding single family zoning districts:
(number of allowable dwelling units) X (2.5
residents per dwelling unit) X 1.5 = maximum number
of residents allowed
b. Regarding multi -family and commercial zoning
districts:
(number of allowable dwelling units) X (2 residents
per dwelling unit) X 1.5 = maximum number of
residents allowed.
In°no case shall the maximum number of residents
allowed on a project site exceed the average
maximum number of residents allowed (as calculated
by the above formula) on adjacent sites bordering
the project site. Averaging for adjacent sites
shall be based upon length of the common border
between the.project site and the adjacent site.
3. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
-closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible
on a regular basis to all facility residents.
=b. Minimum sleeping areas. A minimum of eighty
(60) square feet shall be provided in each
.sleeping space for single occupancy. A minimum
of sixty (60) square feet of sleeping space
shall be provided for each bed in a sleeping
space for multiple occupancy.
C. Bathroom facilities. A full bathroom with
toilet,. -sink and tub or shower shall be
provided for each five (5) residents.
35 �� r 63.
November 1, 1994
4. To avoid an undue concentration of group care
facilities in one area, all. such facilities shall
be located- at least one thousand two hundred
(1,200) feet apart, measured from property line to
property line.
5. If located in a single-family area, the home shall
have the appearance of a single-family home.
Structural alterations or designs shall be of such
a nature as to -preserve the residential character
of the building.-
6.
uilding.
6. If located in the AIR -1 zoning district, the site
- shall have an L-1—land use designation.
7. The facility shall satisfy all applicable off-
street parking requirements of Chapter 954. The
facility shall meet or exceed all open space
requirements for the respective zoning district.
8. The maximum capacity of such facilities shall not
exceed the applicable number permitted by the
department of health and rehabilitative services.
9. Group home permits are transferable. If the type of
-resident/client changes or the resident capacity
increases to such an extent that it would raise the
facility to a higher level group home as
distinguished by the definition, the facility must
be reevaluated for an administrative permit or
special exception approval.
All specific land use criteria have been satisfied.
15. Surrounding Land Use and Zoning:
North:
South:
East:
West:
RECOMMENDATION:
Groves/RS-6 `
Medical Services Subdivision/MED
Groves, Wetland/RM-8
Groves/RS-6
Based on the above analysis, staff recommends that the Board of
County Commissioners grant special exception use approval for the
proposed ACLF facility.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Dean Luethje, representing Carter Associates, Inc., stated
that he was available to answer questions.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously granted
special exception use approval for the_ proposed
Adult Congregate Living Facility as set out in
staffs memorandum.
36
November 1, 1994
PUBLIC DISCUSSION - FRANK ZORC REQUEST TO SPEAK
- REGARDING PROPERTY TAX EXEI 1MONS FOR NON PROFIT
CORPORATIONS
The Board reviewed letter from Frank L. Zorc dated October 24,
1994:
�1181
FRANK L.ZORC �'
Q REAL ESTATE BROKER ,; Zzl (J(! N
BUILDING CONTRACTOR tORS 2501 271h Avenue
AOMINISTRA
-:� QffI� Vero Beach, Florida 32960
p� Telephone: (407) 562-4646
i rc1014 Q��'
s,jZl tl��ro
October 24, 1994 ND DELIVERED
Commissioner Fran Adams
Indian River County Commission
1840 25th. St. •
Vero Beach, FL 32960
Dear Commissioner Adams:
On August 24 1994, in a memo
"Terrence O'Bryan wrote:
RE: Property tax exemptions
on Profit__ Corp.F3'Z195
Fla. ublic ecor s a
u.a..
to you, Asst. County Attorney
"Information when submitted pursuant to Sec, 196.195 F.S.
becomes a public document and could be inspected by County
personnel or the public in general".
At the commission meeting Oct. 3rd.this opinion was reinforced by
my Attorney James P. Wilson. Both attorneys stated in more detail
why these documents should be open to the public.
The commission voted to discuss the matter with Mr. Nolte. A good
effort was made, unfortunately without solving the problem.
WE HAVE.....TWO..-VERY MEANINGFUL ISSUES'
1. The public right to review public records.
2. The public right to see the record and review if claimed
-.Non-Profit'4'have in fact complied with explicit Florida statutes
We are talking about annual exemptions of $ 40,000 +- &•cumulative
amounts -of hundreds of thousands. A significant impact on your
budget, and.... added taxes to every single taxpayer.
My request is for you to bring the matter back on the
commission agenda soon, to consider other options..
I will -contribute $ 5,OO.00 risk money. toward obtaining a
"declaratory judgement" in court if that option is considered.
Thank You,
e
Zn
ctf lk'L.�/� -
FLZ/jod
25 Years lot Vero Beaclt Hume BuildittK b Real Estate Ser;vrrs tl<e'. txtrmxwt
REALTOR —'--;'-We will appreciate lite aplatrt utitu to help you in any real estate nerd!" RK ttavwwi
37 POOK PAGE �
November 1, 1994
F_
Boor 93 pAu 707
Mr. Zorc reminded the Board that he appeared at the October 4,
1994 BCC meeting, at which time the Board decided to explore this
matter with Property Appraiser David Nolte. He requested that the
Board proceed to file for a declaratory judgment regarding the
public's right to view documents filed by non-profit entities to
qualify for a tax-exempt status. Mr. Zorc quoted from Florida
Statutes and was concerned that the Property Appraiser was not -
following the law. He wanted the right to see if the law is being
followed. He repeated his offer of $500 towards the cost of filing
fees and miscellaneous legal costs.
Attorney Jim Wilson, 3625 20th Street, representing Frank L.
Zorc, agreed that the issue of public access to these documents is
of great public importance. He stated that Mr.-Zorc has been
denied the ability to review records filed in' the Property _.
Appraiser's office by an entity that claims to be non-profit and
filed for tax-exempt status. He opined that the documents are
public record and that this- particular entity may represent just
the tip of the iceberg. Mr. Wilson felt that the County is in a
position to go into Court and ask for a declaratory judgment
because the County is the body which receives the tax dollars that
would be paid if these exemptions were not granted. The County has
an obligation to the taxpayers who pay additional taxes to
compensate for these people who do not pay taxes through the
exemptions. The County has standing to ask for a broad, sweeping
decision by the Court to give the public access to the records on
an overall basis. Mr. Wilson asked the Board to address the issue
of automatic renewal of exemptions as well.
Mr. Nolte advised the Board that even though the statute does
not require it, he requires an annual renewal from the wholly -
exempt properties. He further advised that two statutes and the
Administrative Code clearly state that the information which
applicants provide on the returns which enable the Property
Appraiser to determine exemptions is exempt from the public records
law. There is
no case law on this issue because the law is
perfectly clear.
Commissioner Eggert asked whether the Property Appraiser could
provide a list of these non-profit tax-exempt entities to the Board
during the budget hearings.
Mr. -Nolte responded that- a list of non-profit tax-exempt
entities certainly could be provided because that is public record,
but the tax returns and other financial information are not public
record, and _he is bound by law -to keep this confidential.
Commissioner Bird stressed that Mr. Nolte is an elected
official who must follow rules. He has determined that -certain
MM
November 1, 1994
_ M M
properties are tax-exempt and that the exemption return information
is confidential and privileged information.
County Attorney Vitunac stated that as an elected independent
constitutional -officer, Mr. Nolte has the responsibility to run his
office, and he is answerable to the electorate. . If there is a
problem or a perceived problem, the law provides for a citizen to
sue, and if that citizen wins the case, he is reimbursed for all
the costs of filing the suit. If the County were to file for a
declaratory judgment, it would be two governmental bodies suing
each other, and the taxpayers would bear the burden for both.
.Attorney Robert Jackson, representing the Property Appraiser,
stated that in 1989 he asked for and received an opinion regarding
public records from the Attorney General. That opinion contained
a footnote which stated that financial records relating to non -
homestead property when such records are required to make a
determination as to the classification or value of the taxable
property are confidential and may not be divulged to any person or
corporation except as provided in the law. Florida Statute 143.074
states that all returns of property submitted by the taxpayer
pursuant to law shall be deemed to be confidential in the hands of
the Property Appraiser, the Clerk of the Circuit Court, the
Department of Revenue, the Tax Collector and the Auditor General,
except upon court order.
Al Vilardi, 445 Georgia Boulevard, Sebastian, one of a group
of citizens in the audience who interested in the same subject,
stated that there is an organization in the north county that has
quite a bit of property. He claimed that people are living there,
paying rent, running businesses and receiving all the benefits of
the County, while paying no property taxes. He stated that there
should be stringent limits in the applications.
Mr. Nolte.assured the Board that his investigator checks all
applications -as thoroughly as possible within reason and cost
limits. Every time a taxpayer makes a report, his employees check
it out. He stated that his employees checked the organization in
question on several occasions. If anyone has information, all they
have to do is call his office and it will be followed up.
Reith Miller, 961 Riviera Avenue, claimed that sewer and water
lines were constructed down CR -512 to 102nd Avenue to property
owned by the organization under discussion. The lines went past _
his house but he was not connected and he felt that was unusual.
Commissioner Eggert explained that the sewer and water lines -
were as a result of the recommendation by the Economic Council to
construct sewer and water lines to I-95 at the intersections of
Oslo Road, SR -60 and CR -512.
BOOK `43
FmLAP
November 1, 1994
BOOK 3
Commissioner Macht maintained that the issue is whether the
public has a right to review the tax exemption -related documents.
l He saw nothing wrong with making an inquiry on the law by filing
for a declaratory judgment. He felt that the Board was obligated
to investigate this issue.
Commissioner Bird did not --agree, and wanted to follow the -
advice of the County Attorney, that we not get into a lawsuit with
one of our constitutional officers who is upholding the law.
Mr. Zorc clarified that he is not suggesting a court battle,
merely an interpretation of existing law. He reiterated Mr.
Wilson's comment that it is better for the Commission to ask for a
declaratory judgment than an individual to do so.
Chairman Tippin was concerned because there must be limits. _.
We do not want to investigate all religious groups. He thought the
important thing is to be sure the law is followed.
MOTION WAS MADE by Commissioner Macht, SECONDED by
Commissioner Adams, to seek a declaratory judgment
regarding the public's right to view documents filed
by persons asking for an exemption from ad valorem
taxes.
Under discussion, Attorney Vitunac suggested that the Board
authorize him to prepare a formal legal opinion, which the Board
could consider in making a decision whether to file for a
declaratory judgment.
Discussion ensued regarding the Board's procedural options.
COMMISSIONER MACHT AMENDED HIS MOTION to authorize
staff to present a report on the validity of Mr.
Zorc's claim.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
PUBLIC DISCUSSION - PIPER AIRLINES BANKRUPTCY
Attorney Paul Singerman, Stroock & Stroock & Lavan, Piper
Aircraft's lead bankruptcy counsel, pointed out that Piper's
President and Chief Operating Officer Charles Suma was present in
the audience, along with other interested parties. He reported the -
activity leading up-. to the. -proposed settlement agreement. He
announced that Piper has reached a settlement with the tax
certificate holders, conditioned upon approval of the Board. Mr.
40
November 1, 1994
Singerman realized that the Board's most significant concern was
for the County's exposure regarding the tax certificate holders.
He characterized the settlement as sensitive to the Commission's
and the County's legitimate concerns. The -settlement Mould avoid
further delay in payment of taxes and avoid additional legal fees.
On behalf of Piper, Mr. Singerman requested the Board to take
whatever action is appropriate and necessary to approve the
settlement which was previewed by County Attorney Charles Vitunac.
Attorney Vitunac confirmed that staff previewed the settlement
agreement and no one has any objection, with the proviso that it be
reviewed by the bankruptcy expert who was hired by Property
Appraiser Nolte. He reported that the School Board's attorney,
Russell Petersen, indicated that it was a good settlement, subject
to review by the bankruptcy expert. Attorney Vitunac pointed out
that there is a clause in the agreement which makes it null and
void if the bankruptcy judge does not approve and order the
settlement agreement. He recommended that the Board approve the
settlement agreement with Piper Aircraft.
Administrator Chandler advised that the settlement involves a
reduction in the assessed values and a reduction in the interest
rate from 18 to 10 percent. The amount that was previously due the
County was $886,434.94 and under the settlement we would receive
$620,504.46, which is approximately 70 percent. He noted that
staff was concerned about the differential in the dollar amount
that we will collect, but the settlement agreement as presented
would provide a lump sum payment and avoid the uncertainty of court
procedures and payouts over a period of time. Administrator
Chandler pointed .out that the Board -cannot speak for the other
taxing districts and was not sure how the attorneys would handle
that.
Attorney .Samuel J. Zussman, Jr., Maguire Voorhis & Wells,
representing -Property Appraiser Nolte, stated that the obvious
advantage of the settlement agreement is that if it is approved by
the bankruptcy court and not appealed, the County will receive the
money rapidly. He confirmed that if the litigation continued it
could mean 5 to 10 years before the County would be paid in full.
He recommended a modification to the settlement agreement to
include a clause that if there is an appeal of the approval of the
settlement which would preclude Piper from making payment
immediately, the County could then withdraw from this settlement at
its option. He felt that option should be reserved in the event
there is an appeal by one of the creditors. He further explained
that the tax certificate holders would be signatories to the
settlement agreement.
41 BOOK u� PAf
November 1, 1994
F_
Boa W PAIGE 711
Mr. Singerman added that all the entities who could appeal are
supportive of the settlement agreement, and Piper has no objection
to the clause recommended by Mr. Zussman.
Indian River County Schools Superintendent Roger Dearing
advised that he entrusted Mr. Nolte's attorney to represent the
School District, and the School -Board members agree that immediate
settlement is important.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the settlement agreement with the additional clause
recommended by the bankruptcy expert.
VMO BEACH POLICE DEPARTMENT REQUEST FOR 911
SURCHARGE FUNDING TO PURCHASE EQUIPMENT FOR THE
PUBLIC SAFETY ANSWERING POINT (PSAP�
The Board reviewed memo from Emergency Services Director Doug
Wright dated October 12, 1994:
TO: Honorable Board of County, Commissioners
THROUGH: Jim Chandler, ounty Administrator
-
FROM. Doug Wright Director
Emergency Services
DATE: October 12,-_1994
SUBJECT: Vero Beach Police Department Request for 911 Surcharge
Funding to Purchase Equipment for the Public Safety
Answering Point (PSAP)
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the meeting scheduled for November 1, 1994. -
DESCRIPTION AND CONDITIONS
The Vero Beach Police Department is seeking funding from the 911
surcharge revenue in the amount of $16,653 to sole source purchase
capital equipment from the UNISYS Corporation identified as Lifeline
CAD Calltaker Dispatch. The equipment would be used for the public,
safetyanswering point to improve their dispatch --capability and
assist in complying with NCIC 2000. The sole source purchase is
predicated upon the fact that -only UNISYS equipment is utilized in
the 911 Center which in turn requires any new equipment- to be
configured for and. compatible with the existing hardware and
software.
November 1, 1994
42
Funding to purchase the following capital equipment is requested:
1F.SORh20N .. 1 .. 7T
QTY
COST":':
Lifeline CAD Calltaker, Dispatch &
3
$51040
$15,120
Supervisor Workstations with
MPI 43335-270 486dx 33 MHz
processor with (3) ISA
expansion slots, 4MB memory,
3-1/2" diskette, EVGA video
controller, 270MB hard disk
PW140004-AC1 accessory kit,
includes DOS 6.0, Windows 3.1,
kevyboard and mouse
MPMI-4M ADDITIONAL 12MB memory;
321-2007-462 IDER 21" flat screen
monitor; ATI GP20-PTR ATI graphic
pro control; MF -5621 BNC cable;
490303006 ICC RS232 to TDI
converter; 1 year of maintenance
and installation
Intercom ICC poll select emulator
3
316
948
City MIS has site licensetfor
software
Maintenance 2nd and 3rdears "t
Y unit
3
195
585
GRAND TOTAL
$16,653
This expenditure was not funded in the FY 94/95 budget. If the Board
approves the request, funding for the equipment would have to be
appropriated from the 911 surcharge contingency account and a budget
amendment would be necessary.
ALTERNATIVES AND ANALYSIS
Representatives from the Vero Beach Police Department will be in
attendance at the Commission meeting to answer any questions which
inay-be raised.... The equipment will provide increased dispatch
capability as- well as a more timely response to inquiries into the
NCIC and FCIC network information systems through direct and
interface terminals at the -PSAP.
RECOMMENDATION
Staff recommends approval of the funding request from the Vero Beach
Police Department and suggests that the Board authorize the necessary
budget amendment and sole source purchase of the capital equipment
noted above at a total cost not to exceed $16,653.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
funding for 911 equipment and authorized the
necessary budget amendment in an amount not to
exceed $16,653, as recommended by staff.
43 @OOK� PAGE 17 '-
November 1, 1994
Fr
BOOK W pAu 713
NEW COURTHOUSE COMPLEX - CAM DRAWERS AND SAFE FOR
CLERK'S OFFICE
The Board reviewed memo from General Services Director Sonny
Dean dated October 25, 1994:
DATE: OCTOBER 25, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
- COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF -GENERAL SERVICE
BUWECT: NEW COURTHOUSE COMPLEX
CASH DRAWERS AND SAFE - CLERKS OFFICE
BACXGROUND:
Clerk of the Court, Jeff Barton. has requested specific cash drawers
and a safe be purchased for his office in the new courthouse. The
equipment requested is designed to facilitate the special handling
of money by his cashiers.
The architect, Pierce Goodwin Alexander and Linville, (PGA&L) was
originally charged with the responsibility of meeting with the
Clerk, specifying a safe that would meet the need, -and establishing
a line item budget. The budget submitted to this office was $1,200
for this area of concern. HoweV'er, the equipment requested by Mr.
Barton will cost $10,668.35.
ANALYSIS: -
Since the amount is in excess of our authorized budget and the cost
exceeds our bid requirement, staff is requesting action by the
Board, to allow us to proceed.
RECOMMENDATIONS:
Should this request be approved, the monies will come from the
construction budget contingencies.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
additional funds to purchase cash drawers and safe
for the Clerk's office in the new courthouse as set -
out in staff's memorandum.
44
November 1, 1994
ENGINEER DESIGN SERVICES, KINGS HIGHWAY IMPROVEMENTS
The Board reviewed memo from Capital Projects Manager Terry
Thompson dated October 26, 1994:
TO: James Chandler
County Administrator
TERODOE: James W. Davis, P.E.
Public Works Director/.-
FROM: Terry B. Thompson, Q49
Capital Projects Manager
S[7B'ECT: Engineer Design Services
Kings Highway Improvements
DATE: October 26, 1994
DESCRIPTION AND CONDITIC�ITS
The projects listed below have been approved for funding from
Traffic Impact Fees, One Cent Local Option Sales Tax and Gas Tax
Revenue. The projects have been separated into construction phases
based upon anticipated revenue.
PHASE I - KINGS HX WAY FROM HTS STRSST TO 26TH STRSST
1. SR 60/58th Avenue Intersection Improvements - dual left
turn lanes northbound and southbound.
2. 58th Avenue Widening north of SR 60 - extend 4 lane
divided from 23rd_ to 26th Street transition to existing
laneage north of 26th Street.
3.
58th Avenue
Widening south,of SR 60 - 4 lane divided.
4.
Replacement
of 58th Avenue Bridge - 7 lane bridge.
5.
Paving and Realignment of
Atlantic and Lundberg Roads.
PMSE II
- 8TH, 12TH,
AND 16TH STR88TS
1.
Replace 16th
Street Bridge
- 3 lane bridge and transition
to existing
laneage east.
2.
Replace 12th
Street Bridge
- 3 lane bridge and transition
to existing
laneage east.
3.
Replace 8th Street Bridge
- 3 lane bridge and transition
to existing
laneage east.
PSASB III
- KINGS BIGE W FROM OSLO
ROAD TO STH STREET
1. 58th Avenue from Oslo Road to 8th Street - Construct new
2 lane section in location of ultimate southbound lanes.
Remove existing pavement when new lanes completed.
2. Replace Oslo Road Bridge - 5 lane bridge and transition
east and west to existing laneage.
45 BOOK 3 PACE '��
November 1, 1994
BOOK W PAGE "716
3. Replace 4th Street Bridge - 3 lane bridge and transition
east'to existing.laneage.
4. Replace 1st Street SW Bridge - 3 lane bridge and
transition east to existing laneage.
Instead of managing multiple engineering service contracts, staff
proposes including all design work associated with Kings Highway in
one contract. If the design was divided into smaller projects, the
total project design cost would be greatly increased.
Staff conducted CCNA procedures in February 1994. The Board of
County Commissioners approved the -following selection committee
ranking on March 15, 1994:
1. Kimley-Horn and Associates Inc./H.F. Lenz
2. Regional Engineers, Planner's and Surveyors, Inc. -
3. Post, Buckley, Schuh and Jernigan, Inc.
Of the three short-listed firms Kimley-Horn and Associates
Inc./H.F. Lenz had the lowest man-hour estimate based on. the
preliminary scope of services contained in the Request for
Proposal.
Over the past seven months, staff has worked closely with Kimley-
Horn to define the project scope. During the negotiation process
over 2200 hours were eliminated from the man-hour schedules by
standardizing the side street bridges, reducing the scale of the
pavement marking plans and increasing the distance between cross-
sections.
The final negotiated design cost of the project elements are
summarized below:
Design Survey
Bridge Design
Roadway Design
SUBTOTAL
Expenses 10%
$ 87,230
$ 295,000
S 526.860
$ 909,090
$ 90,910
Environmental.Permitting and
Agricultural Coordination
Allowance $ 40,000
Geotechnical Allowance
Aerial Photography
Allowance
$ 50,000
SAL $1,125,000 -
On previous consultant contracts the County has dealt directly with
sub -consultants for geotechnical services and aerial photography.
Due to the large scope -of -work on this project, staff felt it would
be beneficial to maintain a single point of contact between the
consultant and sub -consultants. For.this reason the contract
includes not-to-exceed".allowances for geotechnical services and
aerial photography. -
46
November 1, 1994
M
The contract also includes an allowance for environmental
Permitting and agricultural coordination. The preparation of all
environmental permit applications is included in the lump sum
component of the contract. The not -to -exceed allowance is intended
to cover follow up coordination work beyond the lump sum_scope of
services.
Staff contacted the Florida Department of Transportation Consultant
Management Division and obtained a copy of a contract they have for
the design of Griffin Road in Broward County from 100th Avenue to
SR -7. The project was competitively bid (no CCNA) in 1988. The
scope of work for the roadway design is similar to the Kings
Highway Project. The roadway design cost for Griffin Road is 13.6%
higher than our negotiated roadway design cost for King's Highway.
Staff also compared the design cost with fourteen Brevard County
projects and found Kimley-Horn's fee of $127,692 per mile
(including all allowances b1it, excluding bridges) to be below
Brevard's average design cost of $146,703 per mile.
This is the largest engineering services agreement ever proposed by
the Public Works Department, as well as the largest construction
cost project we have ever undertaken.° The projected construction
cost of this project is $9,950,000.00. This estimate does not
include right-of-way costs or costs for elevating the road above
the 100 year flood plain if required by the permitting agencies.
The time for completion of the 90% design drawings, permit
applications, and Engineer's Opinion of Probable Construction Cost
is eighteen months. Phase I construction is anticipated to be
advertised for bid in FY 1997/98.
The alternatives are as follows:_
Authorize the Chairman to execute the Agreement'as written.
Re -negotiate contract terms. --
Staff
Staff feels confident that the attached contract has been
negotiated in the County's best interest and recommends approval of
Alternative No. 1.
Funding is from Account 101-158-541-067.30 and 109-214-541-067.30.
47 BOOK ptU
November 1, 1994
BOOK
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the contract with Kimley-Horn and Associates, Inc.,
for engineering/ land surveying services for Kings
Highway improvements, as set out in staff's
memorandum.
CONTRACT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
CITY OF SEBASTIAN UTILITY SYSTEM
mu ^717
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 25, 1994 and letter from .Sebastian City Manager
Joel L. Koford dated October 25, 1994: -
DATE: October 25, 1994 :,
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILI SERVICES
PREPARED HARRY E. ASH
AND STAFFED ASSISTANT DI �R OF'. UTILITY SERVICES
BY:
SUBJECT: CITY OF SEBASTIAN UTILITY SYSTEM
BACKGROUND AND ANALYSIS:
The Department of Utility Services has received,. through Mr. James
E. Chandler, County Administrator, a letter of proposal from the
City of Sebastian's, City Manager, Joel Koford, authorized by the
-- City Council offering the sale of the City Utility System and
establishing a thirty (30) year franchise agreement. (Copy
Attached).
The franchise would be "to provide potable water distribution and
wastewater collection for the City of Sebastian".
RECOMMENDATION
The staff - of the Department of Utility Services has no
recommendation at this time and requests direction from the Board _
of County -Commissioners in this matter.
48
November 1, 1994
City Of Sebastian - -
-. 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
October 20, 1994
53
Mr. James Chandler
Indian River County Administrator
1940 25th Street
Vero Beach, FL 32960
Dear Jim:
The City Council has authorized me to contact Indian River County and determine whether
or not the County would be amenable to a proposal from the City of Sebastian. This
proposal is in regards to the water distribution and wastewater collection systems of the City
utility system.
Our proposal includes the sale and transfer of all the assets of the City utility system and
establish a thirty (30) year franchise arrangement with the Indian River County Utility
Department to provide potable water distribution and wastewater collection for the City of
Sebastian. As you know, the City recently purchased the General Development Utility
(GDU) winch consists of water and wastewater treatment facilities. However, the County,
because of the size of its utility system can obtain economies of scale which are not available
to the City. It is our opinion, that the future needs of the citizens of Sebastian and the North
County area can best be served by a common single managed utility. In this regard, we
propose the following:
(1) Transfer of Current Assets: $ 311650,000
(2) Transfer Indian River Drive Water
'Distribution Project Estimated Value: $ 750,000
(3) Cash Contribution: $ 600,000
This propos is subject to arrangements being formalized whereby the City can defease the
utility bond issue and the agreement reduced to writing and obtaining the approval of the
City Council, City Attorney and Bond Counsel.
The City requests that if you are interested in this proposal that you also consider the
possibility of maintaining a satellite office within the City for customer service functions.
Additionally, we currently have six (6) employees that would be effected by the transfer, and
could be available for employment with the County.
49
November 1, 1994
BOOK PA6L fi
BOOK PAGE
My staff and I are available to provide the supporting documentation necessary for your
review or to meet with you and your staff. I am also enclosing a copy of the current final
_ year budget for our Utilities.
Thank you for your interest in this matter of mutual concern.
Sincerely,
L.� O
oel ford
City Manager
Commissioner Adams asked about potential costs, and Director
Pinto responded that there would be several phases of cost. We
must analyze the bond issued through the City of Sebastian, which
will involve our budget department and bond counsel. Some
engineering is required to redesign our system and review the
Utilities Master Plan, which will be done by staff. He estimated
the cost would be approximately $100,000.
Commissioner Macht asked, and Director Pinto responded that he
believed it would be in the best interests of Sebastian and the
County for us to reassume the franchise, and he felt it can be done
without hurting the existing customers of the utility systems.
Administrator Chandler noted that the significant issue will
be the terms of the bond. We also must look at the cost and
condition of the existing system, along with any commitments or
liabilities. We simply do not know the various aspects, and we
must have our bond counsel, among others, review the debt aspect.
Commissioner Bird preferred to perform the analysis and fact
finding in stages to avoid making a major commitment of money. He
felt it would be in everybody's best interest to consolidate that
water treatment plant into our overall system, but we want it to
work for the benefit of the citizens of north county, the City of
Sebastian, and the existing customers of our utility system.
Commissioner Eggert'noted that the review of the bond must be
done in the early stage..
Commissioner Macht wanted a commitment from the City of
Sebastian_ before we make any large manpower or financial
commitment. All we have at this point is Mr. Koford's letter, and
he preferred to have something more positive and definitive.
Commissioner Bird pointed out that we have a letter signed by
the City Manager authorized by the Sebastian City Council.
Chairman Tippin indicated that staff could be directed to
proceed to review the legalities as step one.
50
November 1, 1994
City.of Sebastian Mayor Arthur Firtion.came'before the Board
and confirmed that Sebastian City Council unanimously (5-0)
instructed Mr. Koford to approach the County with this item. The
Sebastian City Attorney was involved and the proposal was forwarded
to the County Administrator. Mayor Firtion personally felt it is
a win-win situation for the County and for the City of Sebastian.
Development in the North County will be delayed if the City of
Sebastian manages the utilities.
Chairman Tippin noted that this was not a public hearing but
would allow comments from the audience.
Harry Thomas, 654 Balboa Street, spoke of the impurities in
the water and assumed the problem would be cured if the water
treatment plant were managed by the County. He pointed out that
the system would be expensive and should be paid for by the entire
county rather than just the few residents in that small water
district.
Director Pinto confirmed that if the County takes control of
the system, the problem would be eliminated immediately because we
would eliminate the present treatment plant and connect to the _
County's reverse osmosis treatment plant. The issue of paying for
the system would be included in the investigation to be sure that
those who benefit from the system are the ones who pay for the
system. However, once the system becomes part of the county -wide
system, all operating and maintenance costs would be included in
the county -wide rate structure.
Reith Miller, 961 Riviera Avenue, recounted the history of the
utilities in Sebastian and hoped that the County would take control
of the utilities in the North County. - He commended Mr. Koford and
the City Council for handling this problem in this manner.
Ruth Sullivan, 1215 Indian River Drive, president of the
Indian River Property Owners' Association, advised that there will
be legal action taken against the City of Sebastian pertaining to
the water lines along Indian River Drive. She understood a
petition will be initiated to have a public vote in the City to
retain the utilities as a City operation.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to proceed with the legal aspect
of acquisition.
Under discussion, Chairman Tippin clarified that we will not
spend any money other than to have the bond counsel review it.
51 BOOK PAfjE
November 1, 1994
BOOK
COMMISSIONER EGGERT AMENDED THE MOTION to include
the expense of the services of bond counsel to
review the acquisition.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously. _
GIFFORD WASTEWATER TREATMENT FACILITY AERATION
MODIFICATION - FINAL PAY REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated October 17, 1994:
DATE: OCTOBER 17, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILITY SERVICES
PREPARED ROBERT O. WISEMEN, P.E
AND STAFFED ENVIRONMENTAL ENGINEER 9 RN3
BY: DEPARTMENT OF UTILITY S RVICES
SUBJECT: GIFFORD WASTEWATER TREATMENT FACILITY
AERATION MODIFICATION
FINAL PAYMENT REQUEST
-- INDIAN RIVER COUNTY'PROJECT NO. IIS -93 -17 -CS
BACKGROUND
On April 12, 1994, the Board of County Commissioners approved and
executed the agreement with R. A. Litkenhaus and Associates, Inc.,
to replace the aeration system for the Gifford Wastewater Treatment
facility. The agreement was for services in the amount of
$69,843.00.
ANALYSIS
The replacement of the aeration system is complete and in operation.
The contractor has submitted his request for final payment in the
amount of $23,624.00. The previous payment to the contractor was
$46,219.00.
RECOMMENDATION
The staff of the Department of —Utility Services recommends the
approval o€ -the final payment in- the amount of $23,624.00 to R. A.
Litkenhaus and Associates, Inc., for services rendered.
52
November 1, 1994
I
ON_ - MOTION by Commissioner _.E_ggert,. ._ SECONDED by
Commissioner Adams, the Board unanimously approved
final payment to R. A. Litkenhaus and Associates
Inc., in the amount of $23,_624.00, as recommended by
staff.
FINAL PAYMENT REQUEST
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
CONSTRUCTION OF STORM GROVE ROAD
Assistant County Attorney Terry O'Brien presented the
following:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney—yPa
DATE: October 19: 1994
RE: CONSTRUCTION ,OF STORM GROVE ROAD
A developer's agreement was entered into on October 2, 1985, between
Indian River County and Vero Sand Pines, a Florida general
partnership, hereinafter "Sand Pines." The agreement had for its
purpose the facilitation of the construction of Hawk's Nest Golf Course
and at the same time it established, in the view of this office, legal
obligations for the construction of a portion of Storm Grove Road. A
memorandum prepared by this writer on this subject is attached.
" By letter dated August 30, 1994 (copy attached) Robert A. Cairns
Managing Partner of Sand Pines asked the County to "put into action
the construction of Storm Grove Road to Lateral , G" to allow him to
develop his property.
On September -29, 1994 staff met with attorneys for Hawk's Nest and
Bent Pines. It is the opinion of the attorney for Hawk's Nest that the
County is under no legal obligation to construct Storm Grove Road for
Sand Pines. This opinion differs from that of this office. (see attached
memorandum)
Whether the County has or does not have a legal obligation to build
Storm Grove Road to serve Sand Pines is really a second question that
may not need to be answered. The first question to be answered is
whether the Board of County Commissioners wants Storm Grove Road
constructed to serve Sand Pines.
If the answer is yes that the Commission wants to build Storm Grove
Road to serve Sand Pines, then whether there is or is not a legal
obligation becomes moot. If the answer is no that there is no desire on
the part of the Commission to build Storm Grove Road to serve Sand
Pines, then whether there is a legal obligation to build the road
becomes paramount.
53 BOOK PAL 144
November 1, 1994
BOOK PAL
In view of the foregoing, staff asks that the Commission consider,
without thought of any legal obligations, whether Storm Grove Road
should be constructed to serve Sand Pines. To assist in this
determination, Jim Davis Director of Public Works has provided the
following information concerning the construction of Storm Grove Road.
It is the Public Works Department's opinion that Storm Grove Road
should be -extended to the 40 acre Vero Sand Pines Property for the
following reasons:
1. The 57th Street ( Storm • Grove Road) corridor has been included on
the County's thoroughfare plan for at least 10 years.
2. The existing railroad crossing serving Hawk's Nest is not serving
the general • public but only the membership of Hawk's Nest. Railroad
crossings are a valued commodity and public crossings should serve the
general public. -
3. If the Vero Sand Pines property is developed into a residential
community, the 57th Street roadway alignment will provide utilization of
a public right-of-way which meets the "State of Florida Manual of
Uniform Minimum Standards for the Design-, Construction, and
Maintenance of Streets and Highways." It will be difficult, if not
impossible, to accommodate utilities, storm water management, and
standard roadway within the 24' easement between the -existing railroad
crossing and the Vero Sand Pines property.
4. The County has construction security to construct this section of
Storm Grove Road. These funds will be utilized.
If the Commission determines that' Storm Grove Road should be
constructed to serve Sand Pines then staff will proceed in accordance
with that determination.
If the Commission determines that Storm Grove Road should not be
constructed to serve Sand Pines then in view of the -difference in
interpretation of the obligations under the developer's agreement
between staff and the attorney for Hawk's Nest, it appears that this
question can best be answered by the Courts under declaratory
judgment procedures and staff recommends this approach. The purpose
of a declaratory judgment is to determine rights and duties without
having to resort to a tort or breach of contract as a prerequisite to a
judicial determination. It is a relatively quick and inexpensive method
of resolving doubt. Sand Pines and Hawks' Nest would be parties to
this proceeding. A draft Complaint for Declaratory Judgment is
attached for information.
Recommendation: Staff* recommends that the Commission- direct staff to
proceed to imitate permitting of a railroad crossing at Storm Grove Road
and direct -Hawk's Nest to construct Storm Grove Road to Sand Pines in
accordance with the developer's agreement or in the alternative
authorize staff to seek a declaratory judgment as to the County's legal
responsibilities under the developer's agreement.
54
November 1, 1994
L_ I
I
Commissioner Bird questioned having this item on the agenda
because the Board discussed this item several months ago-, approved
a transportation study and decided to defer making a decision until -
the transportation study was complete.
Attorney O'Brien explained that this item was placed on the
agenda at the prompting of Mr. -Cairns and because the County
Attorney's office is concerned about Mr. Cairns instituting legal
action against the County.
Commissioner Eggert expected this item to be discussed at the
next Metropolitan Planning Organization (MPO) meeting, and she
preferred to table the decision until after the MPO meeting.
Commissioner Bird preferred to table it until we get the
transportation study report.
Director Keating advised that this item was scheduled for the
November MPO agenda, but because of circumstances it had to be
deferred to the December meeting.
Commissioner Eggert noted that if the MPO decides the road
should be constructed, that would resolve the matter. If MPO
decides that it should not be constructed, the Board can take up
the discussion before the end of the year.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously tabled this
matter until the Board meeting following the
December MPO meeting.
REAM COURT ACTION REGARDING ACTING CIRCUIT
Attorney Vitunac recounted that the Board directed him to
_- contact the other counties in the district and the Florida
Association of* Counties (FACo) regarding the appeal filed by L. B.
(Buck) Vocelle, Jr., concerning Chief Judge Vocelle's assignment of
County Judges to hear felony cases. He reported that the General
Counsel for FACo, Bill Roberts, agreed that this was not a county
issue. Mr. Roberts was aware of the circumstances and felt this
was a State Court matter. Attorney Vitunac's Legal Assistant Lea
Keller contacted the offices of the county attorneys in the other
three counties in our circuit and none of them really knew about
it, were too busy and did not have a budget to participate in any
action. Attorney Vitunac repeated advice from a local judge that
the County Commission should stay out of it. The recommendation
from everyone is that it is not a County matter and that the Board
not participate. Buck Vocelle has filed the appeal and the costs
were waived for him.
55 BOOK �� PAGE X44
November 1, 1994
BOOK
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously declined
to participate in the appeal filed by L. B. (Buck)
Vocelle, Jr.
TRANSIENT ANDIATACCINATION
CLINICS
-
commissioner
Eggert
presented
the
following:
TO: BOARD OF COUNTY CONN[ISSIONERS
FROM: Carolyn K. Eggert, County Commissioner
DATE: October 20, 1994
SUBJECT: Transient Animal Vaccination Clinics
93 PAa 6
f B'
Concern has been expressed about the transient"animalclinics
that have come into the county, especially on weekends, and set
up in parking -lots, pet shops, etc. They administer vaccinations
and have adverse effects on local veterinarian businesses. In
addition, some of their newspaper ads invoke the name of the
Humane Society, which is not working with them at all. Lastly,
no medical history or follow-up is done on the animals.
I would appreciate the Board's approval of an ordinance being
prepared as soon as possible to prohibit these vaccination
clinics, both for the protection of our animals and for the
health of our small businesses.
Commissioner Adams asked for clarification as to how temporary
clinics are allowed.
Community Development Director Bob Keating responded that we
have two categories of temporary permits; one addresses transient
merchants who set up their business on vacant property for six
months or less, and a second category of temporary use permits
covers activities that are accessory to an existing business. The
animal vaccination people were given a temporary use permit to
operate in conjunction with Cindy's Pet Center, and it was operated
inside the building. Our regulations allow a temporary use permit
for an activity that is conducted on a business site that is
essentially accessory to that business as long as there is extra
parking and all other facilities are on that site.
Commissioner Eggert conceded that polishing collars might be
accessory. -to a pet center, but -medical treatment did not fall in
that category. Commissioner. gggert was concerned that there was no
medical history'or follow up, and a dog died --because of this
practice.
56
November 1, 1994
Commissioner -Adams was concerned.a.bout the medical aspect of
this activity as well as the overall impact on _the local
businesses. She pointed out that we do not allow roses to be sold
on the side of -the road and we should worry about these outside
veterinarians who are not registered or licensed.
Commissioner Macht likened it -to physical examinations being
performed in the hospital parking lot.
Attorney Vitunac cautioned the Board against passing an
ordinance which will only protect the economic viability of local
veterinarians. We cannot base an ordinance on economics. It must
be based on public health, safety and welfare.
Dr. Michael Herman, West Side Animal Hospital on 10th Avenue,
presented the following:
00,mmissioner Carolyn Eggert
Doug Wrighli 4rector _
Emergency Services
DATE: October 11, 1994
SUBJECT: Conversation with Dr. Neil Heskel, M.D., Regarding
Veterinarian Discount Animal Vaccination Clinics
Pursuant to your ' request, I spoke by phone with Dr. Neil Heskel ( 567-
4445) today. As you know, Dr. Heskel is the spouse of Linda E.
Aiken, VMD (567-2929) who provides veterinarian services at The
Animal Hospital located at 1849 20th Straet, Vero Beach.
The main thrust of Dr. Heskel's concern related to the county
permitting or allowing out of town discount vaccination clinics to
occur within the county in parking lots, pet shops, etc., which has
an adverse effect on local veterinarians businesses in terms of
revenue loss. He also expressed dismay that adequate medical history
of the animals is not available and medical examinations are not
performed by personnel from the vaccination clinics before the
vaccines are administered and this situation has resulted in one
animal's death. He also stated the vaccinations are not administered
in a -clean and sterile .environment. which is adverse to the future
health of animals vaccinated.
Dr. Heskel felt the Commission would not allow a medical doctor to
set up a short term medical practice in a parking lot and he
suggested some consideration should be given to the adoption of an
ordinance which would preclude discount vaccination clinics unless
and until they meet similar criteria as local -veterinarians have to
comply with.
Dr. Heskel requested that you consider asking the County Attorney to
look into this matter to ascertain if an -ordinance could be drafted
and public hearings held -to formalize some prohibition against this
type of business activity in the county similar to what has been done
relative to regulating the sale of flowers and vegetables.
Based on quarterly meetings with the:].ocal veterinarians in the
county, I feel substantial support exists for the Board to consider
Dr.-Heskel's request.
57 BOOK mu
November 1, 1994
BOOK 93 PAGE 72 7
Dr. Herman further explained that when an animal has an
elevated temperature because of stress or illness, the vaccination
is not effective. Pet owners assume their pets are protected
against rabies when in fact they are not. That is hazardous for
public safety and welfare. He felt that minimum requirements
consist of sterile examining rooms which are cleaned between
patients, washing of the hands, and an environment that is free
from possible contamination. - -
MOTION WAS MADE by Commissioner Eggert, SECONDED by
.Commissioner Macht, to ask Attorney Vitunac and
Director Keating along with Emergency Services
Director Doug Wright to meet with veterinarians and
present to the Board a recommendation -for an
ordinance to protect our animal population. _
Under discussion, Attorney Vitunac pointed out that
veterinarians are regulated by the State Department of Professional
Regulation and those rules should be enforced vigorously. The
County regulates businesses by zoning laws, occupational licenses
and noise regulations, and we do not have the jurisdiction to tell
doctors how to do their job.
Dr. Denis Scarpinato, Pinewoods Animal Hospital, maintained
that by issuing the permit the County is condoning the actions of
these transient clinics. He asked the Board to require minimum
standards; running water, bathroom facilities, and basic sanitation
procedures. Veterinarians with offices in the county are required
to have oxygen. He stated that we have animals that are not
vaccinated properly and thoroughly, and there is the danger of
communicating disease, not just pet -to -pet but pet -to -human. The
City of Vero Beach requires these transient clinics to be within
four walls, which gets them off the parking lot and out of the sun.
Dr. Scarpinato stated that the corporation in question hires
veterinarians and places the entire responsibility on the
individual. If there is legal action, it is against the individual
veterinarian, and when that veterinarian is gone, they hire another
one.
Commissioner Bird suggested that the way to handle this is to
change our criteria for issuing a license for this purpose. We
must require the applicant to demonstrate that procedures will be
accomplished in an environment that meets certain criteria, as the
doctors have mentioned, and prohibit treatment of animals on a card
table in a_back parking lot. _
Attorney Vitunac agreed that it would be within the Board's
jurisdiction to set planning and zoning criteria
58
November 1, 1994
COMMISSIONER EGGERT AMENDED THE MOTION to direct
staff to develop criteria for issuance of a permit.
Under discussion, Peter Yurkiewicz, resident of Fellsmere,
suggested that the permit should have the requirement of being a
satellite location of a permanent veterinary office, such as a van
fully supplied with oxygen, water, and sanitation.
Dr. Herman agreed that mobile hospitals are acceptable because
they are well staffed and supplied.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
MEETING
Commissioner Eggert urged everyone to attend the HRS meeting
scheduled for 7:00 p.m. on Monday, November 14, because if our
members do not show up, HRS assumes we have no problems here in
Indian River County. She: urged people to show up and make
statements regarding the mental health, physical health, substance
abuse and other problems in this community that need to be
addressed.
Commissioner Macht stated that he distributed the information
to the Junior League and to the Volunteer Action center.
Commissioner Eggert urged the Board members to attend and to
make phone calls reminding others about the meeting.
+ SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment the
Board.would reconvene sitting as the Board of Commissioners of the
Solid Wa$t- Disposal District.
Tos�,� li�rittes are being prepared separately.
is
Thre�'ing�i'ci��%urher business, the Board adjourned at 11:27 a.m.
} �
s '
J... -$art Clerk
�4 s o n W. Tippin, airman
Minutes Approved Zwp-WL'i/
59
November 1, 1994
BOOK C IFu