HomeMy WebLinkAbout12/13/1994MINUTESIdLTTACHED
BOARD "OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-AGENDA
REGULAR MEETING
TUESDAY, DECEMBER 13, 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
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9:00 A. M. 1. CALL TO ORDER PAGE
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
13.B. Send Representative to Flow Control Meeting,
Washington, D.C., December 19, 1994.
S. PROCLAMATION AND PRESENTATIONS
Presentation of Proclamation Honoring Eleanor K.
Van Os for Outstanding Service on the Environmental
Control Hearing Board
6. APPROVAL OF MINUTES
A. Regular Meeting of 11/01/94
B. Regular Meeting of 11/08/94
7. CONSENT AGENDA
A. Received and Placed on File in Office of Clerk
to the Board:
Felismere Water. Control District, Schedule of
Regular Meetings
Clerk of Circuit Court, Report of Convictions
for November, 1994
B. Approval for County Commissioners F Appropriate
Staff to Attend NACo 1995 Legislative Conference
in Wash. D.C., March 3-7, 1995
C. Windsor Properties Inc.'s Request for Final PRD
Plat Approval for the Windsor Beach Club Tract
to be Known as Plat 8
( memorandum dated November 30, 1994 )
D. Majestic Partners of Vero Beach Ltd's Request
for Final PRD Plat Approval of Sea Oaks River
Villas Phase I PRD
( memorandum dated November 30, 1994 )
7. CONSENT AGENDA (cont'd. ): PAGE
E. Request for Execution of DEP "Affidavit of No
Objection" to Allow Dock Construction at 210
Indian River Drive Within 25' of County Owned
Property
( memorandum dated September 21, 1994 )
F. Roseland Plaza - Cancellation of Lease for
Utility Plant Sites
( memorandum dated December 5, 1994 )
G. Special Public Defender Contract
( memorandum dated December 7, 1994 )
H. Release of Utility Liens
( memorandum dated December 2, 1994 )
I. Assumption of Special Assessment Lien - Phase V
Water, Lots 1 E 2, Blk. 9 of Grovenor Est. #2
( memorandum dated November 29, 1994 )
J. Bank Change on Profold Industrial Development
Revenue Bond -
( memorandum dated December 2, 1994 )
K. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated December 2, 1994 )
L. Award Bid #5022 / Aluminum Blanks F Hardware
( memorandum dated November 29, 1994 )
M. New Courthouse Vending Concession
( memorandum dated December 5, 1994 )
N. Interest Paid During the 1993-94 Fiscal Year
( memorandum dated December 7, 1994 )
O. Report on Voucher for Payment of Annual Contri-
butions - Housing Assistance Payments Program
( memorandum dated
December 2, 1994) •
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Sheriff Gary Wheeler: Request to Discuss Letter of
Intent for Grant, and Fleet Replacement Program
( letter dated November 23, 1994 )
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Request by Fred Mensing to be Heard Regarding
Flooding in Roseland
(.letter received November 30, 1994)
10. COUNTY ADMINISTRATOR'S MATTERS
Piper Delinquent Tax Payment Proceeds
( memorandum dated December 6, 1994 )
M ® r
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Consideration of the Revised Indian River County
Affordable Housing Incentive Plan
( memorandum dated December 6, 1994 )
B. EMERGENCY SERVICES
Approval of Modification #1 to the FY 94-95
Radiological Emergency Preparedness Agreement
( memorandum dated December 1, 1994 )
C. GENERAL SERVICES
1. Old Courthouse - Disposition of
(memorandum dated December 5, 1994)
2. Board Chambers Sound System
I memorandum dated December 2, 1994 )
D. LEISURE SERVICES
-lone
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Appeal - L. Post
( memorandum dated November 28, 1994 )
(continued from 12/6/94 meeting)
G. PUBLIC WORKS
1. Force Main and Roadway Improvements,
Oslo Road and Old Dixie Highway
(memorandum dated December 7, 1994)
2. Request for County to Accept 92nd Court
Between 79th St. 8 77th St. in Vero Lake
Estates and 12th Ave. SW between 11th St.
SW and 13th St. SW in Oslo Park for
Maintenance
( memorandum dated December 7, 1994 )
3. Request for Street Lighting - I.R. Blvd.
from 37th St. to 53rd St.
(memorandum dated December 7, 1994)
4. Request by Chet Hogan 8 Fay Begley to
Exchange a Small Parcel of Riverside Ave.
South Extension for an Equal Size Corner
Parcel on US 1 / Riverside Avenue
(memorandum dated December 7, 1994)
5. Resident Inspection Services for Oslo
Road 8 Old Dixie Highway and CR 510 and
SR AIA Intersection Improvements
( memorandum dated December 5, 1994 )
6. License Agreement for Medieval Faire at
Hobart Park
(memorandum dated December 6, 1994)
H. UTILITIES
None
12. COUNTY ATTORNEY
None
PAGE
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
County Ordinance on Ethics
( memorandum dated November 29, 1994 )
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 9/6/94
2. Approval of Minutes - Meeting of 9/20/94
3. Approval of Minutes - Meeting of 10/4/94
4. Approval of Agreement Between the Emergency
Services District 8 the Fellsmere Volunteer
Fire Department for the Lease of Station
Structure and Property
( memorandum dated December 5, 1994 )
5. Authorization to Purchase Replacement Rigid
Inflatable Boat (RIB) for the Dept. of
Emergency Services - Fire Division
( memorandum dated December 2, 1994 )
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval
of Minutes--
Meeting
of
11/01/94
2. Approval
of Minutes
- Meeting
of
11/08/94
3. Telephone System - Landfill Office and
Maintenance Building
( memorandum dated November 30, 1994 )
1S. ADJOURNMENT
PAGE
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
s � �
Tuesday, December 13, 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, December 13,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; and Richard N. Bird.
Carolyn K. Eggert was absent due to illness. Also present were
James E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Ridgely, Deputy Clerk.
The Chairman called the meeting to order and led the Pledge of
Allegiance to the Flag.
ADDITION TO THE AGENDA
Commissioner Macht requested the addition of an item to
approve sending a representative to the Flow Control Meeting in
Washington, D.C. on December 19. (13.B.)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) added the above
item to the Agenda.
PROCLAMATION
H-0—NORING
ELEANOR K. VAN
OS FOR
OUTSTANDING
SERVICE ON
MBU N IENTAL
CONTROL
•i DEItll i 11
The Chairman read the following into the record. Ms. Van Os
was not present to accept the proclamation.
1
December 13, 1994 BOOK Fy;��
r r
BOOK
PROCLAMATION
HONORING ELEANOR K. VAN OS
FOR OUTSTANDING SERVICE ON THE
ENVIRONMENTAL CONTROL HEARING BOARD
WHEREAS, Eleanor K. Van Os has served on the Environmental
Control Hearing Board for the past three -years; and
WHEREAS, the Environmental Control Hearing Board provides
local government an effective mechanism to hear cases and solve
environmental problems with minimum of time and cost to the
taxpayers, and Ms. Van Os has served on this board with
distinction and dedication of her time and efforts to make this a
better community for all residents; and
WHEREAS, Ms. Van Os has proven to be'a valuable, community
conscious citizen by providing hundreds of hours of volunteer
service as a member of the Environmental Control Hearing Board.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board
expresses its deep appreciation for the services of ELEANOR K.
VAN OS on behalf of Indian River County.
The Board further extends our heartfelt wishes for Ms.
van Os's success in all of her future endeavors.
Dated -this 13 day of December, 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
John W. Tipp' ,/ hai
APPROVAL OF AIRSUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of November 1, 1994. There
were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
Minutes of the Regular Meeting of November 1,
1994, as written.
2
December -13, 1994
� r r
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of November 8, 1994. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) approved the
Minutes of the Regular Meeting of November 8,
1994, as written.
CONSENT AGENDA
Commissioner Macht requested the removal of Item 7.B. for
discussion. Commissioner Adams requested the removal of Item 7.E.
for discussion.
A. Reports
The following were received and placed on file•in the office
of the Clerk to the Board:
• Fellsmere Water Control District, Schedule of Regular
Meetings;
• Clerk of Circuit Court, Report of Convictions for
November, 1994.
B. NACo 1995 Legislative Conference
The Board reviewed the following Conference Registration
form:
NAC -0 NadoealAssaiedonofCwtes
Return comph* d form to:
NAC* Washington Hilton & Tourers
Washington, D.C.
Akron, 0319 1995 Legislative Conference March 3.7, i995
CONFERENCE REGISTRATION
POSTMARK DEA DUNE - FEBRUARY 3,1995
P6w type or print dearly all mlierble imbm"m requested bekrw. k6nastim bilowmg aswisb M will Weston the amkiem badge. Pkat make a copy of this form for your reeordr
*Name *Name MrAAUA s
*Title amo *qty tr+erJ
Address
City •State Zip *Nickname
(PLEASE DICLUDF FAX +i)
Telephone_( Fax _L_ j �,n vRrrnvv en L.�ncnv
3
December 13, 1994 BOOK PA'u'L `
BOOK FA.uL 9 2Z
REGISTRATION FEES: Earlybird Advance
SGL
Check baa: that applies postmarked postmarked after
AFFE IATE INFORMATION — Check box that applies
i by 1120 1d0 & ON-SITE
0 NACRC O NACCA ' O NCECE D NACHFA
Member county attendee 0$275 U$325
O NACP O NACTFO O NACE O WIR
Non-member county attendee O 325 O 375
O NACHO 0 WON O NACTEP 0 NCCAE
Other government attendee O 300 O 350
O NACA O NACHSA 0 NABCO ; 0 NACAP
Other private sector 0 350 0 400
0 NACITA 0 NACCED D NACIO 0 ICMA
Spouse 0 50 O 75
O NACPRO O NACIRO 0 NAGS 0 NACMHD
Youth O 30 O 50
IN — Rids Carlton
146
POLITICAL AFFILIATION
TOTAL $ • $
O Republican O Democrat, O Independent
Spouse Full Name
Youth Full Name(s)
PAYMENT METHOD: Select one 0 CHECK O VISA/MASTERCARD O P.O. or VOUCHER O MONEY ORDER
CREDIT CARD INFORMATION: Select one O VISA
0 MasterCard
CardNumber
Exp Date:
Cardholder's Name:
Signature:
PAYMENT POLICY— Caderence registration fee MlWawmwanythis form and must be received before o registration can be proeeme I Send a dick voucher, county purchase ads made
payable to the National Association ofCoundes. Puuclmme order only will hold registration,
Purchase order most be paid betae tegisming for conference, badge will be issued.
CANCELLATION POLICY — Ref ad d conferata regi, , r fee, len an administrative fee of $50, (or U1 of Biro m/youdh feel will be made if written notice of cur f nate regisradon
Radom is posted no later than February 3,1995. C webtion regaau paatnawI February 3 or h teti wig be subject to an administrative fee equal to ate half tithe registration fee.
NOTE ALL REGISTRATION FORMS POSTMARKED AFTER FET. 3,1995 WILL BE PROCESSED AT THE ON-SITE REGISTRATION DESK.
HOTEL RESERVATION
HOUSING REGISTRATION - Housing reservations must be made by completing this form. AM
Room Reservation Name Arrival Date �_/ AM
RoommateName Departure Data _J _J PM
Do you have a special lousing requesti Suites!
Please describe any special dinbility or handicap needs!
PLEASE CHEIM YOUR DESIRED HOTEL
bdicate first choice with 1. That nnmdxrotherchoices Uma t w6 is the oder d prefaetce. if firstchoice is aavailable, reservation wig be made at the next available hotel according to your
ranking. Each reservation requites a arc -nights deposit.
HOTEL
SGL
DBL HOTS.
SOI.
DBL
— Hilton (IW Standard
$109
$119 — Wa6ingrom Sditd
1115
$145
— Hilton • Maher=
129
149 —Courtyard Marriott
110
110
— Hilton •Debate
149
IN — Rids Carlton
146
146
flurfB1V0mThea:UmAmkeMreB0N10Awehew oIisMown" M$hlaFer�aftm(6wa dw.
Please check One of the following:' I person, I bed 2 persons, I bed 2 persons, 2 beds
HOUSING DEPOSIT — Your mom reservation can be guaranteed by either of the following methods:
L Compete Credit Card Authorisation beim This is fast and roan will fie reserved and teed
Office Use Only
Dare Need.
Ched I*
Amt. ddw*
Tad
Dace entered
• easy; your gaarmt
L Sed no payment now. We will reserve your farm and send you an admtowkdgement dyour roan teservatbrt that will' you to pay the hotel directly in order to guarantee your
room. You room will an be gmmtteed until the hotel real vm your payment.
NOTES The NACw Coafeeeeoe Registration Comm winaend you an aclmowledgematt within two wee6 dre5eipt dthis Umm.The had will slam send van an ac:l= wedgement after your
credit coed is confirmed or psymtntt is recon+red. Do not send paymerto to hood reservations to NACo Registration; send them to the hard indicated on your admowledgement.
CREDIT CARD AUTHORIZATION O MasterCard O Visa O American Express
Card Number Exp. Date_ f.
Cardholdees Name
The NACo Housing Center is authorized to tie do above aced to guarnrta my hard reservation. I mdersterdd that we night's warn charge will be biped through this card If I U31 to arrive
in my assigned housing at the o summed date, or d I deport earlier des 1 have can8mwed, orders 1 have canceled my reservation, with the bolel at least 48 hours in advarm
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) resolved not to
send representation to the 1995 NACo
Legislative Conference.
4
December 13, 1994
C. Windsor Beach Club Tract to be known as Plat 8 - Final PRD Plat
Approval
The Board reviewed the following memo dated November 30, 1994:
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Robert M. Keating, AICD
Community DevelopmIlnt DiWCtor
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP dt3k
Senior Planner, Current Development
DATE: November 30, 1994
SUBJECT: WINDSOR PROPERTIES INC.'S REQUEST FOR
FINAL PRD PLAT APPROVAL FOR THE WINDSOR
BEACH CLUB TRACT TO BE KNOWN AS PLAT 8
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of December 13, 1994.
DESCRIPTION & CONDITIONS:
Windsor Plat 8 is a boundary plat of a 3.01 acre tract of property
located between S.R. A -1-A and the Atlantic Ocean, within the
overall Windsor PRD project (see Attachment #2). The final plat
will create one 3.01 acre tract for the purpose of constructing a
beach club facility. The beach club is presently under
construction and nearing completion. Under PRD requirements, final
plat approval is required before a certificate of occupancy can be
issued for the building.
On January 14, 1993, the Planning and Zoning Commission granted
preliminary PRD plan/plat approval for the Plat 8 area and two
residential lots. The Plat 8 area covers only the beach club
tract; the residential lots will be platted at a later date. The
approved PRD plan depicts and controls all building, infrastructure
and site -related improvements for the clubhouse tract. The
developer, Windsor Properties, Inc. through its agent, Knight &
McGuire Inc., is now requesting final plat approval, and has
submitted the following:
1. A final PRD plat in conformance with the approved
preliminary PRD plat.
2. A contract for construction and a cash escrow agreement
for future construction of a required SR A -1-A sidewalk
improvement.
5
December 13, 1994 BAY 93 mu '
ANALYSIS:
All required improvements necessary to provide access and services
to the beach club tract have been constructed, with the exception
of a 5' wide public sidewalk along the prof-ect's S.R. A -1-A
frontage. Pursuant to LDR provisions, the applicant is "bonding -
out" for the required sidewalk. The Public Works Department has
approved the amount of the escrowed funds and the County Attorney's
office has approved the construction contract and cash escrow
agreement forms. The required improvements necessary to serve the
beach club building within the tract will be provided by the
developer prior to obtaining a certificate of occupancy for the
building. All of the required improvements within the development
are private, except utilities, which will be dedicated and
warranted separately. Since the provision of required internal
improvements will be controlled through the PRD site plan process,
and since the required improvements necessary to provide service to
the tract have been constructed, the developer has complied with
the necessary requirements to obtain final plat approval for the
boundary plat.
RECOMMENDATION:
Staff recommends that the Hoard of County Commissioners grant final
plat approval for Windsor Plat 8 and authorize the Chairman to sign
the construction contract and cash escrow agreement.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) granted final
plat approval for Windsor Plat 8 and
authorized the Chairman to sign the
construction contract and cash escrow
agreement, as recommended by staff in the
memorandum.
COPIES OF CONTRACT FOR CONSTRUCTION OF
REQUIRED SIDEWALK IMPROVEMENTS
AND CASH DEPOSIT AND ESCROW AGREEMENT
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
N.
December 13, 1994
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D. Final PRD Plat Approval of Sea Oaks River Villas Phase I PRD
The Board reviewed the following memo dated November 30, 1994:
TO: James E. Chandler
County Administrator
gober
ION HEAD CONCURRENCE:
t M. Xedtifiq. AI
Community Development irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP :�O'M
Senior Planner, Current Development
DATE: November 30, 1994
SUBJECT: MAJESTIC PARTNERS,OF VERO BEACH LTD'S REQUEST
FOR FINAL PRD PLAT APPROVAL OF SEA OARS RIVER
VILLAS PHASE I PRD
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of December 13, 1994.
DESCRIPTION & CONDITIONS:
Sea Oaks River Villas Phase I is a boundary plat of a 2.87 acre
parcel located adjacent to Jungle*Trail in the western section of
the Sea Oaks PRD project (see attachment #2). The final plat will
create private, internal road right-of-way area and one 2.87 acre
parcel that will contain 3 condominium buildings, totaling 18
units. Final plat approval is required before any of the 3
buildings can be issued a certificate of occupancy (C.O.).
On February 2, 1989, the Planning & Zoning Commission granted
preliminary PRD plan/plat approval for Sea Oaks River Villas. A
land development permit was subsequently issued for infrastructure
improvements. Infrastructure improvements were commenced but not
completed when a new developer acquired the overall Sea Oaks
project. The new developer requested and received approval to
modify the preliminary PRD plat and plans on December 13, 1993.
The new developer has now completed the infrastructure
improvements, is now requesting final plat approval, and has
submitted the following:
1) A certificate of completion for all infrastructure
improvements
2) A final plat in conformance with the approved,
modified preliminary PRD plat and plans.
7
December 13, 1994
BOOK PAGE
BOOK b3 F' ur J
ANALYSIS:
All required improvements necessary to provide access and services
to the phase I tract have been constructed, and a certificate of
completion has been issued by the Public Works Department.
Required improvements necessary to serve the buildings within the
tract, as well as a required Jungle Trail buffer, are controlled
via the PRD site plan and will be provided on a building -by -
building basis. Prior to obtaining *a. Certificate of Occupancy
(C.O.) for any building, the required improvements and buffer
necessary to serve the building will 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. Since the provision of required internal
improvements for individual buildings will be controlled through
the PD site plan process, and since the required improvements
necessary to provide service to the phase 1 tract have been
constructed, the developer has -satisfied all requirements for final
plat approval.
RECONNENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for Sea Oaks River Villas Phase 1 PRD.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) granted final
plat approval for Sea Oaks River Villas Phase
I PRD, as recommended by
memorandum.
8
December 13, 1994
staff in the
M
E. DEP Affidavit of No Objection - Dock Construction at 210 Indian River
Drive
The Board reviewed the following memo dated September 21,
1994:
TO: James E...Chandler
County Administrator
DEP4RTMENT HEAD CONCURRENCE:
i
Robert . Keat ng, AICP
Community Development rector
FROM: Roland M. DeBlois; AICP
Chief, Environmental Planning
DATE: September 21, 1994 _
RE: Request for Execution of DEP "Affidavit of No Objection"
to Allow Dock Construction at 210 Indian River Drive
Within 25' of County Owned Property
It is requested that the data herein presented be given formal consideration by
the Board•of County Commissioners at its regular meeting of December 13, 1994.
DESCRIPTION AND CONDITIONS
Harry and Hope Leet have applied for a State Department of Environmental
Protection (DEP) permit to construct a single-family dock at their home at 210
Indian River Drive, on Pine Island south of the Environmental Learning Center.
The Lest's property, Lot 201 of orchid Island Subdivision Unit 1, abuts a small
"park" parcel owned by Indian River County (see attached map).
Because the dock as proposed will be located in a State Aquatic Preserve, the
dock location must satisfy a State requirement that it be a minimum of 25 feet
from the applicant's riparian (side lot) line. An exception to.this set back
requirement, however, may be approved if a sworn "affidavit of no objection" (see
attached) is executed by the affectbd adjacent riparian landowner. In this case,
the affected adjacent riparian landowner is Indian River County. The Leets are
proposing to locate the dock 15 feet from the County property, in order to
minimize impacts of dock construction on shoreline mangroves.
Consequently, the Leets request that the.Ccunty execute a DEP "affidavit of no
objection" to allow State approval of the proposed single-family dock project
within 25 feet of County property.
ANALYSIS
The County property is a relatively small, triangular parcel (+2,600 square feet)
between the Leet property and Live Oak Drive. An abandoned r1ght-of-way (Indian
River Drive) with riparian shoreline adds to the County property, as well as to
the Leet property.
The proposed dock location will not contravene County set back requirements, and
will promote conservation of shoreline mangroves. The proposed dock will have
no adverse impact on County property riparian access.
HE OD NDATIOA
Staff recommends that the Board of County Commissioners authorize the Board
Chairman to execute the attached affidavit of no -objection.
0
December 13, 1994
BOOK b3 1'AGt 9J, �
r
DYES!
nor 3
�;Q:Urt1?a
Commissioner Adams inquired if this action would jeopardize
future consideration of a dock for the use of county residents.
Community Development Director Bob Keating believed it would
not jeopardize future efforts for a dock, but added that the
County -owned parcel, which extends down to the river at the corner
of Live Oak Drive and the old Indian River Drive, was so small it
probably would not accommodate a dock since there's not enough
property for parking or other uses.
Director Keating continued by saying that over the years, the
issue of set backs from property and riparian rights lines have
been dealt with, which can be two differing sets of lines. He said
that they had looked at this request and it was not in conflict
with current ordinances and, therefore, there was no impediment to
its execution.
Commissioner Adams inquired if the property extended to the
east side of Live Oak as well. Director Keating stated he would
check and advise her.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) authorized the
Chairman to execute the Affidavit of No
Objection.
COPY OF AFFIDAVIT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
F. Roseland Plaza - Cancellation of Lease for Utility Plant Sites
The Board reviewed the following memo dated December 5, 1994:
DATE: December 5, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOS;'1
FROM: TERRANCE G.
DIRECTOR OF
PREPARED HARRY E. ASH
AND STAFFED ASSISTANT DIRE TOR OF UTILITY SERVICES
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ROSELAND PLAZA - CANCELLATION OF LEASE FOR
UTILITY PLANT SITES
10
December 13, 1994
BACKGROUND
The County acquired the Roseland Plaza Utility facilities by
Agreement on August 14, 1990. (See copy of Agreement attached)
Under the Agreement the County leased the existing utility sites
until the water and wastewater systems were connected to the County
regional systems.
The water and wastewater systems have been connected to the County
regional systems and the water and wastewater plants have been
removed from the sites.
Section VII of the Agreement states the "County to provide Seller
a Termination of Lease evidencing such termination in recordable
form." The attached termination of lease is submitted to comply
with the provisions of the Agreement.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of the attached Termination of Lease and authorize execution by the
Chairman of the Board of County Commissioners.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
termination of lease.
COPY OF TERMINATION OF LEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
G. Special Public Defender Contract - Tames T. Long, P.A.
The Board reviewed the following memo dated December 7, 1994:
TO: Board of County Commissioners
FROM: Sharon P. Brennan - Assistant County Attorney
DATE: December 7, 1994
RE: SPECIAL PUBLIC DEFENDER CONTRACT
Since January, 1993, the County has had a contract with _the .law offices
of James T. Long, P.A., to provide legal representation of indigent
adults and juveniles in certain types of criminal cases. The contract
11
December 13, 1994 BOOK UAFA,E P
was awarded after a committee comprised of a commissioner, the chief
judge of the 19th Circuit, the Public Defender and the County Attorney
determined that it was both cost-effective and efficient for the County
to enter into such a contract: - The Board of County Commissioners
then published and invitation to bid, and the contract was established on
a flat fee per case basis of $600.00 for non -capital felony cases and
$300.00 for misdemeanor and juvenile.
Mr. Long has agreed to extend the contract for one year (to December
31, 1995) under the same terms.
I recommend that the Board extend the contract on the basis of
satisfactory performance of the attorney and because of the savings in
attorney fees and costs to the County.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) approved
Amendment No. 1 to the Special Public Defender
Contract, as recommended.
AMENDMENT TO THE CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
H. Release of Utility Liens
The Board reviewed the following memo dated December 2, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
gem 02 -
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: December 2, 1994'
RE: RELEASE OF UTILITY LIENS
The attached lien -related items are in proper form for the Board of
County Commissioners to authorize the Chairman to sign so that they can
be recorded. The names and projects are:
1. Citrus Gardens Water Special Assessment:
MILLIMAN
2. Royal Poinciana Park Water Assessment:
ARTUSA
REEVES
3. 12th Street Water Assessment:
BRANDES
12
December 13, 1994
�1
L J
Phase II Water Special Assessment:
KAIN
KUHNERT
Phase III Water Special Assessment:
CARROLL
GRICE
GALLAGHER
HUDSON -
Satisfactions of Impact Fee Extensions:
ACCRETE PROPERTIES BRANDES
FLEMMING LAWRENCE
McDONALD REEVES
ON MOTION by Commissioner Bird, SECONDED by Commissioner
Adams, the Board unanimously (4-0, Commissioner Eggert
absent) approved the Releases of Utility Liens, as
recommended by staff.
LIEN RELATED DOCUMENTS ARE ON FILE
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
I. Assumption of Special Assessment Lien - Phase V Water, Lots 1 & 2. Blk
9 of Grovenor Estates No. 2
The Board reviewed the following memo dated November 29, 1994:
TO: ��B,oQa�rdof County Commissioners
.. A WAJ�
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: November 29, 1994
RE: Assumption of Special Assessment Lien - Phase V Water
Lots 1 and 2, Block 9 of Grovernor Estates No. 2
The County has a special assessment lien on some property that was included
in our Phase V water main extension project. The property is being sold and
as part of the transaction the new property owner has agreed to assume and
finish paying for this special assessment, which is agreeable to the County.
Requested Action: Board approve the Chairman's execution of the attached
Assumption of Special Assessment Lien.v
13
December 13, 1994 BOOK Z13 FAUL J
BOOK 93 f' (,� 935
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
Assumption of Special Assessment Lien, as
recommended by staff.
COPY OF ASSUMPTION OF SPECIAL ASSESSMENT LIEN
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
I Bank of New York Named Successor Trustee of Profold Industrial
Development Revenue Bond, Ser. 1989
The Board reviewed the following memo dated December 2, 1994:
TO: Board of County CCo�mmiissioners
FROM: Lea R. Keller, CLA, County Attorney's Office
TBRU: Charles P. Vitunac, County Attorney
DATE: December 2, 1994
RE: Bank Change on Profold Industrial Development Revenue Bond
In 1989 the County and Barnett Bank were involved in issuing some industrial
development revenue bonds to a local company, Profold, Inc. Since that time
the Corporate Trust Division of Barnett Banks Trust Company was sold to The
Bank of New York.
The Bank of New York has prepared an agreement for all parties to sign which
formalizes the transaction by accepting the resignation of Barnett Bank and
the appointment of the new trustee, The Bank of New York. Attached is a
resolution approving and authorizing the County to sign the agreement.
Requested Action: Board approve the Chairman's execution of the attached
Resolution and Agreement of Resignation, Appointment and Acceptance.
14
December 13, 1994
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) adopted
Resolution 94-158 approving Agreement of
Resignation, Appointment, and Acceptance in
connection with Profold, Inc. Project, Indian
River, Florida Industrial Development Revenue
Bond, Series 1989.
AGREEMENT I m RECEIVED
PLACED ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
RESOLUTION NO. 94- 15 8
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROVING
AGREEMENT OF RESIGNATION, APPOINT-
MENT, AND ACCEPTANCE IN CONNEC-
TION WITH PROFOLD, INC. FLORIDA
INDUSTRIAL DEVELOPMENT REVENUE
BOND, SERIES 1989.
WHEREAS, Indian River County is the issuer of industrial development
revenue bonds for Profold, Inc.; and
WHEREAS, ,there has been a sale of the Corporate Trust Division from
Barnett Banks Trust Company (prior trustee) to The Bank of New York
(successor trustee); and
WHEREAS, the County's financial advisor has recommended that the
County approve the appointment of the successor trustee as trustee, paying
agent, and registrar to succeed the prior trustee;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS •OF INDIAN RIVER COUNTY, FLORIDA, that the Board as
issuer of the Profold, Inc., '1989 Series Industrial Development Revenue
Bonds, hereby approves and authorizes the Chairman to execute the attached
Agreement of Resignation, Appointment, and Acceptance.
15
December 13, 1994
BOOK 9 3 PAL
BOOK � cd
The resolution was moved for adoption by Commissioner B i r d ,
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 Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K Eggert Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of December , 1994.
Attachment: Agreement
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By -L.
ohn W. Tippin
Chairman
Indian Riva Cn Approved Date
Admin.
Sudgei
Dept.
Risk Mgr.
K. Cancel Outstanding Taxes on Properties Purchased for County Use
The Board reviewed the following memo dated December 2, 1994:
TO: BOARD OF COUNTY CONMISSIONERS
d,�a., 6Q. *4k&t,
FROM: Lea R. Keller, CLA, County Attorney's Office
TBRU: Charles P. Vitunac, County Attorney
DATE: December 2, 1994
RE: CANCELLATION OF OUTSTANDING TABES
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.
16
December 13, 1994
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
(1) Parcel #25-33-39-00000-1000-00007.0
Elbert McDougald
R/W - Oslo Road (Parcel 129)
(2) Parcel #20-33-39-00001-0010-00001.0
Frank Baratta, Tr. (Parcels 104 and 104A)
R/W - 58th Avenue
(3) Parcel #25-33-39-00000-1000-00003.0
Father & Son•Appliance Co.
R/W - Oslo Road (Parcel 127)
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) adopted
Resolutions 94-159, 94-160, and 94-161
cancelling certain delinquent taxes upon
publicly -owned lands, pursuant to Section
196.28, Florida Statutes, as recommended in
the memorandum.
Re: R/W - Oslo Road (Parcel 129)
Parcel #25-33-39-00000-1000-00007.0
Elbert McDougald st ux.
RESOLUTION NO. 94- 159
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 ott,ar
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
17
December 13, 1994 BOOK W FACE 930
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 1038, lage 2879, which was recently acquired by
Indian River County for right of way purposes on Oslo Road, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commif,sioners 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 Bird , and
the motion was seconded by Commissioner Adams , and, upon being put to a
vote, the vote was as follows:
Chairman John W. Tippin Aue
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared _the resolution duly passed and adopted
this 13 day of December , 1994.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Attest:
�. By 1 � ,►
clerk J 4 W C 1 pp pai n
BARTO"J C
tachment: Sketc Legal Description ApfrOved Dale
Adminj
ArKj,7 S 4
Legal
Devi.
i Risk Mgr.
18
December 13, 1994
Rea R/W - 58th Avenue (Parcels 104 & 104A)
Parcel 820-33-39-00001-0010-00001.0
Frank G. Baratta, Trustee
RESOLUTION NO. 94- 160
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
t 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, '!'HEREFORE, 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 1039, Page 2902, 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 Bird , 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 Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 13 day of December , 1994.
Attest:
Clerk'
Achment: Sketc & Legal Description
19
December 13, 1994
BOARD OF COUNTY COMMISSIONERS
INDI RIV.�R COUNTY, FLORIDA
By c t)
` Chairman
John W. Tippin
BOOK 3PAGE:
( t --&a a e---) _ 1 2 / 2 / 94 (laao\t axes )V)._ M40
Rea R/W - Oslo Road (Parcel 127)
Parcel #25-33-39-00000-1000-00003.0
Father & Son"Appliance Co.
RESOLUTION NO. 94-161
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 ether
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.j
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 1040, Page 1110, which was recently acquired by
Indian River County for right of way purposes on Oslo Road, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
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 Bird 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 Absent
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 13 day of December , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Chairman
j� —Z\ r Clerk : BARTON John W. T i p p i n
tachment: Sket Legs Description
20
December 13, 1994
L. Award Bid ##5022 - Aluminum Blanks & Hardware
The Board reviewed the following memo dated November 29, 1994:
DATE: November 29, 1994
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi es
FROM: Fran Boynton Powell, Purchasing Manager KI
SUBJ: Award Bid #5022/Aluminum Blanks and Hardware
Annual Contract/Traffic Engineering
BACKGROUND INFORMATION:
Bid Opening Date: October 1, 1994
Advertising Dates: October 5, 12, 1994
Specifications Mailed to: Twenty -Five (25) vendors
Replies: Five (5) Vendors
VENDQR BID TABULATION
Vulcan Signs SEE ATTACHED TAB
Foley, AL SHEET
Universal Signs & Accessories
Ft Pierce, FL
Mid Ohio.Markings & Traffic Signs Inc
Norwalk, OH
Signs & Blanks Inc
Akron, OH
Best Striping Supply Co
West Palm Beach, FL
RECOMMENDATION
Staff recommends the following:
1. Award items 1-48 to Vulcan �Sians and items 49-68
to Universal Suns & Accessara.es as the lowest, most
responsive and responsible bidders meeting
specifications as set forth -in the Invitation to Bid.
2. Establish O en End Contracts with Vulcan Signs and
Universal S gns & Accessories with a not to exceed total
amount of $50,000.00 during the period December 1, 1994
through September 30, 1995.
3. Authorize the Purchasing Manager to renew this contract
subject. to satisfactory- performance, zero cost
increase vendor acceptance, and the determination that
renewal is in the best interest of the County.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) awarded Bid
#5022, as set out in the memorandum and
recommended by staff.
21
December 13, 1994 BOOK 93 FAZE 942
M. New Courthouse Vending Concession
The Board reviewed the following memo dated December 5, 1994:
DATE: DECEMBER 5, 1994 CONSENT AGENDA
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H. T. "SONNY" DEAN, DIRECTOR 00
DEPARTMENT OF GENERAL SERVIC
SUBJECT: NEW COURTHOUSE VENDING CONCESSION
BACKGROUND:
The new courthouse has a vending area centrally located to
facilitate both employees and public for the purchase of
sandwiches, hot or cold beverages and other miscellaneous snacks.
In an effort to find a vendor that would properly furnish and
manage this area, a Request For Proposals was advertised and
distributed to known business specializing in this type operation.
ANALYSIS:
Five proposals were received. Staff reviewed each submittal and
talked with every reference offered by the prospective vendor. It
appears that each company was equal in furnishing equipment that
would do the job. Prices were somewhat variable but within reason.
The big difference was the service offered.
FUNDING:
There is no cost involved in the agreement as we are not requesting
a commission on the sales. It was opted to pass the cost savings
on to the employees that purchase the merchandise offered.
RECOMMENDATIONS:
Based on the evaluation of each vendor, staff recommends that the
County enter into an agreement with Vending Service Specialists out
of Palm City, Florida, to furnish vending machines and service to
the new courthouse. It is suggested that the agreement be on a
continuing basis, unless either party becomes dissatisfied. At
that time, a thirty day notice be given to terminate the agreement.
It is also requested that Chairman be authorized to execute all
applicable paperwork.
22
December 13, 1994
ON MOTION by Commissioner Bird, SECONDED by
commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) approved
entering into an agreement with Vending
Service Specialists, with conditions
recommended by staff in the memorandum.
LICENSE FOR USE OF COUNTY PROPERTY
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
N. No Interest Paid During 1993-94 Fiscal Year
The Board reviewed the following memo dated December 7, 1994:
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
THROUGH: THE HONORABLE JEFFREY K. BARTON, CLERK OF CIRCUIT COURT
FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR (-
DATE: DECEMBER 7, 1994
SUBJECT: INTEREST PAID DURING THE 1993-1994 FISCAL YEAR
Section 218.78 in Chapter 218, Part VII, Florida Statutes, known as
the "Florida Prompt Payment Act", requires a report during December
to the board of county commissioners on the number of interest
payments made during the preceding fiscal year and the total amount
of payments made under the "Florida Prompt Payment Act".
For the October 1, 1993 through September 30, 1994 fiscal year,
there were no interest payments made for the Indian River County
Board of County Commissioners .under the requirements of the
"Florida Prompt Payment Act".
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) accepted the
report.
23
December 13, 1994 BOOK 03 PA'UE 944
O. HOUSING ASSISTANCE PAYMENTS PROGRAM - REPORT ON
VOUCHER FOR PAYMENT OF ANNUAL CONTRIBUTIONS
The Board reviewed the following memo dated December 2, 1994:
TO: The Honorable m bels of the DATE: Dec. 2, 19% FILE:
Board of County rte; as -
SUBJECT: nVort on vwche, fcw payment of
Annual Contributions - Hou sing
Assistance Payments Prog=mm
FROM: t REFERENCES:
Mal Assistance TIMOR bit
The attached HaD Fbnos 52681 and HIID Fb= 52595, aowering the 1993/94
Fiscal Year, were prepared by the Finance Deparbism and the Mal
Assistance Deparlment staff.
We 281Pec'tful y request that the Honorable mesbers of the Board of
County CaamIsslone7s authorize the Choi man's signature for the sub -
m. ion of these fog to the U.S. Depart of Housing and Urban
Development.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) authorized
submission of HUD Forms 52681 and 52595,
covering FY 1993-94, to the Department of
Housing and Urban Development.
COPIES OF REPORTS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
24
December 13, 1994
� r �
SHERIFF GARY WHEELER - LETTER OF INTENT FOR GRANT AND
FLEET REPLACEMENT PROGRAM
Sheriff Gary Wheeler reviewed the
November 23, 1994:
NAV �gg4 Q
cr ,
�M�NOE
tti
November 23, 1994
Mr. John W. Tippin, Chair
- Indian River County Board
of County Commissioners
1840 25th Street
Vero Beach, FL 32960-3394
following letter dated
/a-i3.9�
GARY C. WHEELER • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41st AVENUE • VERO BEACH. FLORIDA 32960-1808
PHONE 407-569-6700
r 4-4
- rfO111994
::ft
Re: Agenda Items for December 13, 1994
Dear Mr. Tip -pin:
Commissioners e
Administrator
Attorney
Personae!
Public Works
Community Dev.
Utilities
Finance
Me .
Fmerg. Sere
Risk MIrt.
othu
There are two items that I would appreciate being placed on the Board's agenda for
December 13, 1994. First, I respect illy request that our letter of intent for the grant on
one additional deputy be reconsidered. We learned this morning that we can request a
modified fimdmg program to permit one hundred percent federal funding in the first
year with reduced federal funding in the two out years. Accordingly, I wish to discuss
this matter further with the Commission.
Secondly during fiscal year 1994-1995 budget negotiations,, I discussed with the
Commission that our five-year fleet replacement program called for purchase of 30
patrol vehicles. However, that figure was cut by 500/9 as part of our budget reduction
package to meet budget objectives by the Commission. As you will recall, our estimate
Of federal prisoner revenue based upon new contracted federal prisoner bed space in
West Palm Beach was placed at $164,250.
Patrol vehicle pricing and limited production have presented our agency with urgent
new challenges. The prices of the vehicles have risen almost $2,000 per unit -over the
vendor's estimated price increases last spring which we used in our budget request.
This means the cost for our bare bones fleet request of 15 automobiles has gone up
$30,000. Additionally, we need four equipped patrol vehicles at $70,000 for our
federally funded COPE deputies plus a dire need for a new prisoner transport van at a
cost of $23,000.
25
December 13, 1994
BOOK 93 FAGS 946
ma b 3 i'A�jft. 9 47
While that is the bad news, the good news is that our federal prisoner revenue is much
better than anticipated thanks to our excellent relationship with the U.S. Marshalls
Service. We estimate our revenue in the first two months of this fiscal year to be
$80,000. We should complete our revenue obligations to the county by the end of
January I request that the Board of County Commissioners authorize our agency to
spend from federal prisoner revenue $123,000 to fund our capital needs.
Thank you for your consideration concerning these pressing needs of the Sheriffs
Office.
Sincerely,
Gary C. Wheeler, Sheriff
Deputy Mark Buffington distributed copies of and reviewed his
memorandum to Lt. Andy Bradley dated October 25, 1994, concerning
the Community Oriented Police Enforcement (COPE) program in
Gifford. The memorandum summarized the activities of the COPE unit
for the first 18 months of the program. He described the program
as proactive, not reactive, and considered it to have been very
successful.
Sheriff Wheeler felt the program demonstrates that force is
not the only solution to crime. He noted that other communities in _
the county derived benefit from the program. He credited the three
officers who had successfully initiated and cultivated the program.
Mr. Victor Hart, of 4635 34th Avenue, Gifford, NAACP
president, encouraged the Commission to approve the Letter of
Intent and gave a lengthy synopsis of the need for, implementation
of, and success of the COPE program in Gifford. He asserted that
a recent newspaper article did not give complete facts and,
further, that a letter referenced in the article came from the
Community Partnership Group, not the Sheriff's office.
Mr. Hart declared that the COPE program was an investment in
the future of Indian River County. He cited crime statistics of
other Florida cities and wanted all citizens to feel safe anywhere
in Indian River County. He submitted that this was the first time
in the county's history that the black community had worked 100%
with the Sheriff and he did not want to go back to the people and
have them say the BCC "turned you down".
OU.
December 13, 1994
He presented the Chairman approximately 125 petitions signed
by residents of Gifford which read as follows:
Dear Commissioner,
I am addressing this letter to you in
reference to the Sheriff's request for one
more deputy for the Community Oriented Police
Enforcement unit via the federal grant. As a
member of this community and county I highly
endorse the Sheriff's effort with community
policing.
I am asking you to support his request
for one more deputy through the federal grant.
The addition of one more deputy to the COPE
unit would enhance an already successful
program.
Sincerely,
Sheriff Wheeler called on Sandy Shields, Planning & Research
Supervisor for Sheriff's Department, who detailed the chronology of
the two grants the Sheriff's Department had pursued in order to
fund the COPE program.
Ms. Shields recounted that the first Letter of Intent for
three deputies had originated in 1993. It had been passed over
three times, but was reaptivated in 1994, and came to fruition in
October. The Sheriff's office sent a Letter of Intent indicating
a desire to participate in a grant program, under the new crime
bill (COPS AHEAD). They were unaware at the time that BCC approval
was required. The request for approval, on the 11/22/94 BCC
agenda, was denied (3-1). Then the Department of Justice faxed an
additional form asking for demographic information and the deadline
was extended to mid-December. The status of the Letter of Intent
with the Department of Justice is still "pending" BCC approval and
now has a mid-January deadline. The program guidelines are still
being developed. The Letter of Intent would only show an intent to
participate in the grant application process and would not obligate
the County. The Sheriff's Department could proceed no further
without a budget amendment.
Ms. Shields emphasized that new businesses coming into the
county made a greater demand on all county departments, especially
law enforcement. Horizon Outlet Mall and the new Walmart have
produced sufficient calls, on an annualized basis, to require 2.9
deputies to handle the additional workload.
27
December 13, 1994 BOOK W FAA' L 948
7
b0u
Lt. Gary Getchell explained the request for four equipped
patrol vehicles for the three deputies that were approved and the
one deputy in today's request. The four vehicles had not been
included in the budget since, at that time, they believed the 5 -
year vehicle replacement plan was on schedule, but which had been
reduced this year because of budget constraints.
Lt. Getchdll stated that the request also* included a new
prisoner transport van which had been eliminated from their
preliminary budget. They have determined, however, that a new van
was necessary for the safety of the deputies and prisoners, and
because of continued repairs to the old van. They requested
funding in the amount of $123,000 from Federal Prisoner Revenue
Fund.
Commissioner Macht asked if it was possible to buy another
make vehicle or if there was a constraint to purchase Fords.
Lt. Getchell replied that it would be possible, but the price
is good and it would be more cost effective to continue using the
Ford products in order to avoid retooling the garage and retraining
the mechanics.
Commissioner Bird wished to clarify the request, that it was
$123,000 for capital needs: to purchase the additional vehicles, --
upgrade vehicles, and so forth, from the Federal Prisoner Revenue
Fund. The Letter of Intent is to try to acquire the one additional
deputy whose entire first year salary might be paid by the Federal
grant. The County would be committed thereafter to picking up all
or a major portion of the salary for the next two years of a three-
year program.
Sheriff Wheeler agreed with Commissioner Bird's clarification
and added that the County's portion would be 250 over the 3 -year
period; they could juggle when it would be paid, but after the
three years, the County's responsibility would be 100%.
MOTION WAS MADE by Commissioner Bird, SECONDED
by Commissioner Macht, to approve $123,000
from the Federal Prisoner Revenue Fund for the
capital costs and to authorize the Chairman to
sign the Letter of Intent to participate in
the program, with the understandings and
assurances received this morning.
4:1
December 13, 1994
Under discussion, Commissioner Macht asked if they could get
another year out of the van. Sheriff Wheeler said the van was 12-
13 years old and in really bad shape. They will be transporting
larger numbers of prisoners due to the holding facility at the new
Courthouse. Anything is possible, but he felt a savings would be
realized by purchasing the new van and eliminating the high cost of
maintenance and continual repairs on the old one.
Chairman Tippin was proud of the COPE program and recommended
that it continue to have top priority.
Sheriff Wheeler indicated they had juggled staff to put more
deputies on the road and had, in fact, improved response time, but
it could be improved further.
Commissioner Adams asked where the 4th deputy would be, what
difference would be made, and what the grant guidelines would be.
Sheriff Wheeler explained that the additional deputy would go
to the COPE program but another deputy then would be available.
The grant would give Indian River County the opportunity to get a
deputy on board and trained in anticipation of the growth in the
area.
THE CHAIRMAN CALLED THE QUESTION.
THE MOTION CARRIED unanimously.
(4-0, Commissioner Eggert absent)
COPY OF LETTER OF INTENT TO PARTICIPATE
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST BY FRED MENSING TO BE HEARD CONCERNING
FLOODING IN ROSELAND
Fred Mensing described flooding in Roseland which had occurred
recently as a result of heavy rains associated with Tropical Storm
Gordon. He detailed property damage and injuries which had
occurred and felt the Wal-Mart project was part of the problem. He
and other residents of Roseland felt they were the "stepchildren"
of the county and declared that something needed to be done to
ensure the safety of the people living there. He asked that the
County determine a solution to the problem and create a long-range,
high-priority project to remedy it. -
29
December 13, 1994
BOOK W Prtiut 95i
Chairman Tippin took exception to Mr. Mensing classifying
Roseland as a "stepchild" since serious flooding had occurred all
over the county, not just in his area.
Commissioner Macht asked if all that was needed was to direct
staff to come back with a recommendation.
Commissioner Adams expressed her thanks to Mr. Mensing for
explaining the situation to the Commission in a positive manner and
felt they should respond in a like manner. She agreed that
flooding was a problem throughout the county, but advised that
staff was investigating the possibility that maybe it had been made
worse recently in that area. She wanted staff to continue their
investigation and to monitor the St. Johns River Water Management
District analyzation.
Chairman Tippin believed there was consensus that staff be
directed to proceed with examining the problem and its causes. He
added that drainage has always been a problem and that it would not
improve without careful study, workshops, taxing districts, and
focus, even during the dry spells.
Public Works Director Jim Davis explained that the storm was
a unique occurrence with reports of up to 12 inches of rain in a
30 -hour period, above and beyond the criteria for a 25 -year storm.
Roseland is a unique area with classic floodplain topography, not
characteristic of most of the rest of the county. He recalled that
a study had been commissioned in the early 180s, a master drainage
plan had been drafted for the Roseland area in 1982, and some of
the improvements were implemented.
Director Davis continued that when putting in a master
drainage plan, the proper sequence was to begin work at the river
and proceed upstream. Easements and rights-of-way would have to be
acquired and they have spoken over the years to many of the
property owners who were resistant to granting easements in many of
the floodplain areas.
Director Davis advised that survey work is underway there and
the Engineering Department has commissioned a study to try to map
many of the areas. The engineering firm that designed the Wal-Mart
system will be coming to the county very soon to request a control
discharge on the Wal-Mart site under the railroad culverts. It
will be very interesting to see what they want from the county.
Historically, one-third of the Wal-Mart property drained under the
railroad tracks into the area of Mr. Mensing's concern.
W
December 13, 1994
Commissioner Macht believed there was controversy about the
Wal-Mart site, and Director Davis responded that maybe that was the
impetus for them coming to the county very shortly to request
discharging into this area.
Commissioner Macht recalled that since 1977 there had been
three major storms that could be classified 1125 -year storms"; one
in 1977, then Hurricane David, and now Tropical Storm Gordon. He
concluded that perhaps they were more common than terminology would
indicate.
Director Davis believed Hurricane David had about 10" of rain,
compared to reports of 12-13" of rain in that area due to Gordon.
Chairman Tippin suggested Director Davis prepare to report
back to them in the near future on this, get the master drainage
plan draft off the shelf, and determine what it will take to get
the problem solved.
Director Davis believed Roseland was a perfect area for a
storm water utility. He said he will be glad to report back and
advised they may see a storm water utility as their recommendation.
Brevard and St. Lucie Counties were each implementing one and the
-- state now has a Florida Association of Storm Water Utilities which
meets next month in Orlando.
Mr. Mensing rose again to say that his rain gauge had measured
12 inches of rain over 24 hours; that the water table was all the
way up and the marshes were full before the storm rain started.
Therefore, the water couldn't percolate and went into a full
retention pond. He believed that since the problem is now fresh in
everyone's mind, there would be less resistance.
Mr. Mensing raised another point concerning litigation on the
validity of some plats. He claimed plats from 1888 and 1889 all
show the original water courses, and believed several surveyors had
records to resolve the controversy.
31
December 13, 1994 BOOK D4
BOOK W ma %3
RETROACTIVE SALARY INCREASE TO COUNTY EMPLOYEES -
PIPER AIRCRAFT DELINQUENT TAX PAYMENT
Administrator Chandler reviewed the following memo dated
December 6, 1994:
TO: Members of the Board -
of County Commissioners
DATE: December 6, 1994
SUBJECT: PIPER DELINQUENT TAX PAYMENT PROCEEDS
FROM: James E. Chandler f%f? Joseph A Bair
County Administrator OMB Director
DESCRIPTION AND CONDMONS
The Tax Collector is in receipt of Piper's back taxes owed to the Indian River County Board of County
Commissioners in the amount of $633,478.38. The breakdown of the taxes to the'respective taxing funds is
as follows:
General Fund
$361,054.98
Emergency Services District
$154,998.52
Solid Waste Disposal District
$117,424.88
Total
$633,478.38
Indian River County has reviewed potential alterative uses of the Piper proceeds. Several factors were taken
into consideration in allocating the funds. First, we are in an extremely tight budget year. Second, the Piper
back taxes are non-recurring revenue, therefore, we have to be careful in allocating the funds for recurring
expenses. If we were to do so, we could create f rbire financial problems by having ongoing expenses without
a matching revenue stream. With this in mind we have looked at these potential uses:
Make the 2% raise retroactive to October 1, 1994. A 21/a raise was funded for eight
months of the year beginn;ng February 1, 1995 because we did not have sufficient
resources to give a full year raise. This would have no additional future impact on
expenditures since the County is already committed to absorbing the full annualized
cost in the 1995/96 fiscal year. Because Piper is located in the City of Vero Beach no
M.S.T.U. taxes apply.. We would have to absorb the additional raise cost of $6,907.00
plus its share of Road and Bridge which is $15,640.00.
2. Apply the remaining balance in the E.M.S. fund, after raises, towards the new pumper
truck that would otherwise require borrowing the full purchase price. This was a
concern for staff and is a non-recurring capital expenditure.
3. Apply the remaining balance in the General Fund and S.W.D.D. to replenishing the
reserves in those funds. Already in the first sixty (60) days of the year we have drawn
down for Courthouse security leaving only $382,290 in the General Fund. The
S.W.D.D. district has also had to absorb an increase due to the reinstated hours at the
refuse centers as well as potential costs of ever growing unanticipated environmental
requirements.
RECOMMENDATION
Approve the recommended uses mentioned above.
32
December 13, 1994
Commissioner Macht inquired if the retroactive salary
increase, if approved, could be distributed before Christmas.
Administrator Chandler advised that it had been discussed with the
Clerk's Office and Finance Department, and a special, lump sum
payroll could be done next Thursday.
Commissioner Macht felt that would be good for the employees
and the merchants as well.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Adams to approve
staff's recommendations.
Under discussion, Commissioner Adams asked how contract
employees would be affected and how many there were.
Administrator Chandler indicated there are two areas where
employee contract negotiations are underway, the first with the
Teamsters and the "status quo" applied. Therefore., the increase
would apply to them since a new contract was being negotiated. The
second was the firefighters' and paramedics' contract negotiations,
-- which presently are at impasse. - The offer would be laid on the
table to see if it was agreeable; if not, the parties would
continue at impasse.
Commissioner Adams asked if County Attorney Vitunac and
Administrator Chandler would automatically be included.
Administrator Chandler responded that it was up to the Board
on his contract, and Attorney Vitunac advised them that his
contract says that he receives the same as department heads.
THE CHAIRMAN CALLED FOR THE QUESTION.
THE AMENDED MOTION to include the County
Administrator as a recipient of the 2%
increase retroactive to October 1, 1994,
CARRIED unanimously (4-0, Commissioner Eggert
absent).
33
December 13, 1994 BOOK FA,t
BOOK �c�� Ft1�L 95
REVISED INDIAN RIVER COUNTY AFFORDABLE HOUSING
INCENTIVE PLAN
The Board reviewed the following memo dated December 6, 1994:
TO: James E. Chandler
County Administrator
D SION HEAD CONCURRENCE:
Robert M. Reat g,
Community Devel pme Director
FROMs Sasan Rohani, AICP S -(L.
Chief, Long -Range Planning
DATE: December 6, 1994
RE: CONSIDERATION OF THE REVISED INDIAN RIVER COUNTY
AFFORDABLE•HOUSINGi INCENTIVE PLAN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of December 13, 1994.
DESCRIPTION AND CONDITIONS
According.* to state requirements, each county or eligible
municipality participating in the State Housing Initiatives
Partnership Program (SHIP) must adopt an affordable housing
incentive plan within 12 months after the establishment of its
local housing assistance program. To comply with that requirement,
the Indian River County Affordable Housing Advisory Committee
reviewed local established policies, procedures, ordinances, land
development regulations, and the county's adopted comprehensive
plan and made specific recommendations to encourage or facilitate
the provision of affordable housing.
On January 13, 1994, the Indian River County Affordable Housing
Advisory Committee held a public hearing pursuant to the
requirements of Section 420.9076 (5), F.S., and continued the
public hearing to a time certain date on February 10, 1994. At
that time, the Affordable Housing Advisory Committee voted to
recommend that the Board of County Commissioners adopt the Indian
River County Affordable Housing Incentive Plan.
The proposed plan was presented to the Board of County
Commissioners on March 8, 1994. At that time, the Board approved
resolution #94-44, adopting the Indian River County Affordable
Housing Incentive Plan. In accordance with state requirements,
staff then transmitted a copy of the approved Affordable Housing
Incentive Plan and related information to the Florida Housing
Finance Agency for their review.
On October 26, 1994, the Florida Housing Finance Agency transmitted
a copy of their SHIP review committee findings to the county.
According to these findings, the county's Affordable Housing
Incentive Plan fails to meet two minimum requirements of Section
420.9076(6), F.S. One of these requirements relates to
establishment of expedited permit processing for affordable housing
projects, while the other relates to establishment of a process for
assessing housing cost increases associated with proposed
development regulations.
ANALYSIS
Upon receipt of the Florida Housing Finance Agency's (FHFA)
comments, county staff coordinated with FHFA staff. According to
FHFA, the county affordable housing incentive plan generally meets
the requirements of section 420.907, F.S. and rule 9I-37, F.A.C.;
however, minor deficiencies in the plan were noted. In the case of
both the expedited permit processing section and the financial
impact assessment section, the Florida Housing Finance Agency
indicated that changes were necessary.
34
December 13, 1994
The FHFA's comments were as followsa
• For the expedited permit processing for affordable
housing projects, the county must identify an event (i.e.
number of applications, length of time, etc.) which would
trigger implementing an expedited permitting process.
Also, the county must describe how affordable housing
projects would be given priority.
• For the financial impact statement associated with
adoption of new regulations, the county must describe who
will prepare the financial impact statements and who will
review them.
In response to the Florida Housing Finance Agency's comments, staff
has drafted changes to the county's Affordable Housing Incentive
Plan. The. actual changes to the plan are shown in the attachments
to the staff report. The new sections are underlined, while the
sections to be deleted are
As drafted, the proposed changes to the county Affordable Housing
Incentive Plan are minor. These changes essentially expand upon
and further describe the recommendations which were included in
the original plan. As such, the proposed amendments will not
change the basic recommendations incorporated in the county's
Affordable Housing Incentive Plan. For the expedited permit
processing section of the plan, the proposed changes will identify
the county's existing maximum timeframes for approval of projects
and indicate that any future processing delays causing those
timeframes to be more than 1508 of normal timeframes will trigger
prioritization of affordable housing projects. For the financial
impact statement section of the plan, the proposed change specifies
that the•financial impact statement will be prepared by the
-- planning staff and will be reviewed by the Professional Services
Advisory Committee, the Planning and Zoning Commission, and the
Board of County Commissioners. This amendment also indicates that
the Board of County Commissioners will consider the financial
impact statement in making its final decision regarding adoption of
changes to county regulations.
With respect to the revised Affordable Housing Incentive Plan, the
Board of.County Commissioners has three alternatives. These are:
o To adopt the plan as revised
o To adopt the revised plan with changes
O To reject the revised plan.
Either of the first two alternatives is acceptable. Choosing the
third alternative, however, would cause the county to lose its SHIP
funds. Staff supports the first alternative.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the
attached resolution approving the county's revised Affordable
Housing Incentive Plan and direct staff to forward the plan to the
Florida Housing Finance Agency for their review.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) adopted
Resolution No. 94-162 approving the revised
Indian River County Affordable Housing
Incentive Plan and directed staff to forward
the Plan to the Florida Housing Finance Agency
for their review.
35
December 13, 1994 BOOK U3 wa "J
b3
RESOLUTION NO 94- 162
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REVISED INDIAN RIVER COUNTY
AFFORDABLE HOUSING INCENTIVE PLAN;
WHEREAS, The County, on April 6, 1993, adopted ordinance 93-13
establishing the county's Local Housing Assistance Program,
pursuant to section 420.907, Florida Statutes and Rule 9I-37,
F.A.C.; and
WHEREAS, pursuant to Section 420.9076, F.S., each county
participating in the State Housing Initiative program must adopt an
Affordable Housing Incentive Plan within 12 months after the date
of adoption of its Local Housing Assistance Program establishment
ordinance; and
WHEREAS, the Indian River County Affordable Housing Advisory
Committee held a public hearing pursuant to the requirements of
Section 420.9076(5), F.S., on January 13, 1994, and continued the
public hearing to a time certain date on February 10, 1994; and
WHEREAS, the Affordable Housing Advisory Committee reviewed
all proposed incentives and made a positive recommendation for
adoption of the Indian River County Affordable Housing Incentive
Plan; and
WHEREAS, the Board of County Commissioners, within 90 days
after the date of receipt of the recommendation on the Affordable
Housing Incentive Plan from the Affordable Housing Advisory
Committee on the Affordable Housing Incentive .Plan, adopted the
Affordable Housing Incentive Plan; and
WHEREAS, the county transmitted a copy of the approved
Affordable Housing Incentive Plan to the Florida Housing Finance
Agency for.their review; and
WHEREAS, the county received a copy of the Florida Housing
Finance Agency's SHIP review committee findings regarding the
county Affordable Housing Plan on November 3, 1994; and
WHEREAS, the county has 60 days from receipt of the Florida
Housing Finance Agency's report to make appropriate changes to its
Affordable Housing Incentive Plan; and
WHEREAS, the county has revised the Indian River County
Affordable Housing Incentive Plan to address the Florida Housing
T
December 13, 1994
RES. N0. 94-162
Finance Agency's comments;
NOW, THEREFORE, BE IT RESOLVED by the' Board of County
Commissioners of Indian River County, Florida THAT:
Section 1.
The above recitals are ratified in their entirety.
Section 2.
The attached revised Indian River County Affordable Housing
Incentive Plan is hereby approved by the Board of County
Commissioners.
Section 3.
The Board of County Commissioners directs staff to submit a
copy of the revised Indian River County Affordable Housing
Incentive Plan and a copy of the adoption resolution to the
Florida Housing Finance Agency by Certified Mail
The foregoing resolution was offered by Commissioner Adams ,
and seconded by Commissioner Macht , and being put to a vote,
the vote was as follows:
Chairman, John W. Tippin &Le
Vice Chairman, Kenneth R. Macht &Le
Commissioner, Richard N. Bird &Le
Commissioner, Carolyn K. Eggert Absebt
Commissioner, Fran B. Adams &Le
The Chairman thereupon declared the resolution duly passed and
adopted this 13 day of December, 1994.
Board of County Commissioners
of Indi n R ver County
By: 1 -----
-John W. Tippin, Chairman
Attest by:
Jeffrey K. Bart,"
Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:"�CL
William G. Collins, II
Deputy County Attorney
37
December 13, 1994
u\v\h\hous.ord
B;0'0�
PK,rvt.
BOOK 3 Fa,,E
FY 94-95 RADIOLOGICAL- EMERGENCY PREPAREDNESS
AGREEMENT - MODIFICATION #1
The Board reviewed the following memo dated December 1, 1994:
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, ounty Administrator
FROM: Doug Wright Director
Emergency Services
DATE: December 1, 1994
SUBJECT: Approval of Modification #1 to the FY 94-95
Radiological Emergency Preparedness Agreement
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:
The Indian River County Board of County Commissioners approved the FY
94-95 Radiological Emergency Preparedness Agreement on August 16,
1994. On November 8, 1994, Florida Power and Light and the Florida
Division of Emergency Management approved a request by the Department
of Emergency. Services for authorization to expend existing grant
funds for a replacement plain paper fax machine in the amount of
$1,300. This action constituted a modification to the existing grant
which also requires Board approval. No county funds were utilized
for the purchase of the replacement fax machine.
ALTERNATIVES.AND ANALYSIS:
The fax machine being replaced was purchased in 1987 from grant
funds. It was used extensively for several years by all departments
in county government since this machine was the only one in the
administration building. It was replaced only after needed repairs
exceeded the value of the Panafax machine as documented by the repair
company. It has been placed on the surplus* list for disposal
routinely by the Asset Manager and the Purchasing Department.
RECOMMENDATION:
Staff recommends the Board approve Modification #1 to the
Radiological Emergency Preparedness Agreement and authorize the
Chairman to execute the necessary documents.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved
Modification #1 to the Radiological Emergency
Preparedness Agreement and authorized the
Chairman to execute the necessary documents.
MODIFICATION NO. 1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
38
December 13, 1994
DISCUSSION CONCERNING FUTURE OF OLD COURTHOUSE
General Services Director Sonny Dean reviewed the following
memo dated December 5, 1994:
DAT$: DECEMBER 5,- 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOa-0
0
DEPARTMENT OF GENERAL SERVICES
SUBJECT: OLD COURTHOUSE - DISPOSITION OF
e�•�149:
On October 11, 1994, staff made a recommendation to the Board as to
disposition of the subject structure. At that meeting the Board
instructed staff to up -date the 1990 appraisal and provide cost for
demolition of the building. This information along with a
recommendation from the Historical Society would be brought back to
the Board at a later date.
The appraisal firm of Armfield-Wagner was contracted to perform the
up -date and the following comparison of Market Value is made with
their original appraisal:
990
$450,000
1994
-$100,000
A copy of the appraisal is provided in the Board's office for
perusal.
Staff met with Peter Armfield and Dan Nelson of the firm to
ascertain why the property had depreciated over the past four
years. Attached is a summary of their appraisal and reasons for
their findings.
Staff contacted Kimmins Contracting Corp. of Tampa, the company
that demolished and disposed of the buildings that were cleared for
construction of the new courthouse, to ascertain cost associated
with demolition of the subject building. The following information
is offered:
A. Demolition of north and south wings only.
1260 tons demolition materials @ $26.00 - $32,760
1134 tons clean concrete @ $6.00 - 6,804
Hauling, demolition, back filling site - 20,436
TOTAL $60,000
B. Demolition of entire structure.
2520 tons demolition materials @ $26.00 - $65,520
2268 tons clean concrete @ $6.00 - 13,608
Demolition, hauling and back fill site - 30,872
TOTAL $110,000
39
December 13, 1994 8ooKJ �r,E.?
BOOK WlJ .
In addition to the above estimates, the following cost must
addressed:
1. Asbestos abatement including environment study and
supervision.
Wings $21,888
Entire Structure $56,250
2. If the wings are demolished some expense will be incurred
for separation of water, sewer and electric. The north
and south exterior walls of the core (now interior walls)
will require some treatment, i.e. patching, door
replacement, etc. Staff would estimate this cost to
exceed $100,000.
In summary staff estimates the cost to:
Demolish the wings and use the core of the building
approximately $200,000, not including any renovations to
the inside of the remaining building.
Demolish the entire structure and back fill the site is
approximately $166,250.
Move out of the old courthouse is scheduled to be complete by
January 1, 1995. it will take approximately 90 days to completely
empty the building of all furnishing and miscellaneous items.
It should be noted that even with the air conditioning on and the
facility not being occupied the building will deteriorate at a much
more rapid pace. It will also be a liability to the county to
remain in an unoccupied state.
RECOMMENDATXONS:
Based on the above, staff would recommend that we advertise to sell
the property for a period of six months. If it does not sell, an
attempt be made to auction the facility off. Should there be a "no
sale" at the auction, it is recommended the building be demolished
and make other use of the property.
Staff has been in contact with the Historical Society and they are
submitting a recommendation that could affect staff's
recommendation.
Commissioner Adams expressed great concern and embarrassment
regarding the decrease in the appraised value and felt that
deterioration of the building was responsible.
Director Dean advised that staff had not been derelict in
taking care of the building and everything had been done to
maintain and protect the building with the funding that was made
available. He advised that extensive work would have been
M
December 13, 1994
� s �
necessary to correct the problems they were experiencing due to
water seeping through the mortar between the bricks in the walls.
In addition, the windows were leaking and needed replacing. Funds
were not requested, nor made available, for either of these
problems since the future of the building was unknown. The roof
had been replaced not too long ago and had nothing to do with the
leaks from the walls or windows.
Commissioner Bird explained that he felt the diminution in the
appraised value was not necessarily due to the condition of the
building, but, in fact, was due to a depressed real estate market.
He felt that the condition of the building was just normal wear and
tear.
Peter Armfield, local appraiser, agreed with Commissioner
Bird's assessment that the deterioration of the building was
probably only a minor factor in the lowered value. He felt the
major factor was that there had been a real estate recession for
the last three years which had affected values of buildings like
the courthouse.
Commissioner Macht believed there was a very limited range of
users for that type of building, and Mr. Armfield agreed with
Commissioner Macht especially because of its size, design and
condition.
Commissioner Adams felt the old courthouse was never designed
to be put on the market and sold.
Chairman Tippin commented that the building contained the
first and last basement in Indian River County. As a child he had
heard jokes about the "downtown swimming pool," and records being
ruined during the rainy season. In defense of staff, he believed
that water had been leaking into that building since it was built.
Commissioner Bird understood that removing the wings was not
an option. He believed it would be too expensive and didn't see
what would be gained by retaining only the central core of the
building. He thought that the building could be advertised for
sale, but if the intent is to preserve the building for historical
purposes, there was no assurance of that without a caveat.
Commissioner Macht said he had furnished everyone with a copy
of his letter which contained information based on a series of
meetings he had had with people who were interested in a community
use for the building. He believed that a youth center, "mall" for
care -givers, citrus, historical, or discovery museum were possible
uses. He expected that a lot of organizations would be capable of
maintaining the building and it seemed to him to be the most
41
December 13, 1994
600( EA.f.E 0
am W P�,4,1 9
logical and useful alternative to selling the building to a
commercial enterprise with the limitations that Commissioner Bird
had indicated, or tearing it down at great expense to the County
and whatever ramifications that would entail. He believed if there
was time to work on it, an objective could be formalized, necessary
grant applications could be made, agreements from all the possible
parties involved could be obtained, and it would give the building
a fighting chance to be preserved.
Ruth Stanbridge, representing the Indian River Historical
Society, advised that a packet of information had been provided to
the Board. She expressed surprise that the County had never
commissioned engineers to determine whether the building was
structurally sound. She believed that the building was probably
considered "ugly" because it was a WPA building, built to be very
strong. The same design was built throughout the country during
the Depression. Their survey revealed that many similar
courthouses in Florida have been destroyed and that the ones still
standing have been adapted to other governmental or educational
uses.
Mrs. Stanbridge reasoned that the 57 -year-old building,
representing a history of struggles and one of the county's best
known landmarks, could be preserved with expert restoration and
rehabilitation and proper upkeep. She believed there was no reason
why it could not be part of the public buildings in the community. --
Mrs. Stanbridge advised that the Historical Society members
will be more than happy to help obtain the public grants and
suggested the dollars which might be used to destroy it could be
parlayed with the grant monies to restore it.
Anthony Masi, 1700 Ocean Drive, Vero Beach, believed
preservation of the old courthouse was important to the
revitalization of downtown Vero Beach and that it would be breaking
faith with the pioneers of the county and the members of the
Historical Society not to preserve it.
Jim Grancy, 36 Pine Arbor Lane, was opposed to the
preservation of the old courthouse, and said he thought of it as a
sailboat going along with the anchor down, that it was a drag on
the market. He said the building paid no taxes, never will, and it
required a lot of management.
Commissioner Adams favored study for the renovation of the
building in terms of what should be done, as Commissioner Macht and
the Historical Society were suggesting. She believed the building
was a focal point for downtown development. There is a desperate
42
December 13, 1994
r � �
need for a discovery or science center in the county and which
could be an excellent way to get funding from the State. She
suggested the logical way would be to form a committee to come back
with steps on what should be done, in what time frame, and with
suggested uses.
Commissioner Macht believed the Board should consider the
guidelines set out in his letter to the Historical Society; that it
be self-supporting, which would imply that the County lease the
building for $1 a year so it would remain a county building. He
acknowledged that it would take a lot of work and coordination in
order to work with all the organizations who would make up all the
occupants of the building to provide the services that are
expected, and offered to formally start working on it and move it
along. Commissioner Macht also wanted the Historical Society's
concurrence that they would be willing to work more or less along
those guidelines.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved the
establishment of a committee to restore the
old courthouse and appointed Commissioner
Macht to serve as chairman.
SOUND SYSTEM IN BCC CHAMBERS
The Board reviewed the following memo dated December 2, 1994:
DATE: DECEMBER 2,-1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
kA
FROM: H.T. "SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICE
SUWZCT: BOARD CHAMBERS SOUND SYSTEM
BACKGROUND:
As requested by the Board Chairman, staff has requested our
electronics consultant that is doing the sound and CCTV in the new
courthouse to look at the subject system and make recommendations
for renovations to eliminate the problems, we are now experiencing.
43
December 13, 1994
Boa 9, 3 FAIL 904
ANALYSIS:
Precision Contracting Services, (PCS) has completed a study and
recommended replacing most of the present equipment, and installing
a complete new speaker system that will properly distribute the
sound. The cost 'to accomplish this renovation is estimated at
$9,000.00.
FUNDING:
Since no funds are available, money must come from General Funds
Contingencies.
RECOMMENDATION:
Staff recommends that an amendment.be made to the PCS contract and
action be taken to proceed with the recommended renovations. It is
also requested that the Board Chairman be authorized to execute the
appropriate documents.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Adams, to amend the
Precision Contracting Services, Inc. (PCS)
contract and proceed with the recommended
renovations to the BCC Chambers sound system
at an estimated cost of $9,000.
Under discussion, Commissioner Bird was not convinced that the
additional $9,000 was the answer since he believed that no sound --
system would pick up voices of speakers who did not speak directly
into the microphones.
General Services Director Sonny Dean explained that new mixers
would adjust automatically to the level of the speakers, voices.
With the system as it was now, if the volume is turned up too much,
feedback is a problem. Also, new speakers would be installed in
the ceiling and the sound would go down to the listeners uniformly.
Chairman Tippin said he raised this issue because he has
received many complaints, especially now that meetings are
televised, that when someone moves to a chart they are not heard.
He believed that state-of-the-art equipment was necessary and would
permit the Indian River County Commission Chambers to have a
consistently working sound system.
Commissioner Adams agreed, but wondered if it would be
possible to wait until it could be budgeted instead of taking it
out of contingency. She realized, however, it might be more
economical to do it while the contractor was working at the new
courthouse.
44
December 13, 1994
Commissioner Macht asked if it could be considered a capital
expense, and Administrator Chandler believed it might be considered
to be an eligible sales tax expense, but it was not budgeted.
Commissioner Adams thought it should be considered a capital
expense, and Commissioner Macht suggested that the motion include
the proviso that it come from sales tax.
OMB Director Joe Baird explained that if they were going to
approve the expenditure, it would be better to charge General Fund
Contingency since there are a lot of big projects to be considered
for the optional sales tax account. He explained that the original
law said that the optional sales tax was to be used for
infrastructure and capital projects with a life of over five years.
Commissioner Bird asked where leftover funds from the new
courthouse would go, and Director Baird said they would stay in
Optional Sales Tax to be used for projects on the 5 -year plan.
Chairman Tippin asked if it would be more expedient to have
the contractor do the work now, and Director Dean advised that the
preliminary work has been done, and they are ready to proceed
pending the outcome of today's meeting. He did not know what the
cost would be if it were done at -a later time.
Commissioner Macht suggested it be left to Administrator
Chandler and OMB Director Baird to determine the best way to pay
for the work.
THE CHAIRMAN CALLED THE QUESTION.
The motion carried unanimously.
Eggert absent)
45
December 13, 1994
(4-0, Commissioner
8,00K PAa,E 5
BON 93 91-07
EMPLOYEE APPEAL - L. POST
Administrator Chandler recalled that this item had been
deferred from last week. A response had been received from Acordia
of South Florida, Inc., and their representative is present. This
issue resulted from a request by an employee, Lorraine Post, for
insurance coverage for her granddaughter. Administrator Chandler
briefly outlined the provisions of the County's health insurance
plan with respect to dependent coverage.
Commissioner Bird advised that he agreed with the insurance
company's explanation, but also sympathized with Ms. Post and her
problem. He asked if the County has the ability to create the
possibility for the insurance to be purchased at the employee's
expense if they desired.
Susan Vasileff, representing Acordia of South Florida, Inc.,
explained that a separate policy could be purchased and she would
be able to facilitate the purchase. However, if coverage of this
nature were made available under the County's policy, a huge pool
of risk would be opened.
Lorraine Post advised that she had received a copy of the
letter and was confused by the terminology about legal status of a
dependent child.
Ms. Vasileff explained it in detail and advised that a Florida
Statute provides for coverage of grandchildren up to 18 months of
age and that legal guardianship would be the criteria necessary to
have the grandchild covered by the County's policy in this
particular instance.
Commissioner Adams was empathetic, but it appears the only
solutions are legal guardianship or purchasing an individual
policy.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) denied the appeal.
46
December 13, 1994
FORCE MAIN AND ROADWAY DMOVEMENTS, OSLO ROAD AND
OLD DUCIE HIGHWAY
The Board reviewed the following memo dated December 7, 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Terry B. Thompson, P.Ft1>, f
Capital Projects Manager
SUBJECT: Force Main and Roadway Improvements,
Oslo Road and Old Dixie Highway
Change Order No. 2 - DICKERSON FLORIDA, INC.
DATE: December 7, 1994 FILE: OSCO2.AGN
DESCRIPTION AND CONDITIONS
The force main installation on Oslo Road is complete. The fittings for the force main exceeded
the contract quantity. The attached Change Order No. 2 provides for increasing the contract
quantity 2.73 tons at a cost of $17,362.80.
Change Order No. 2 also includes an increase in the amount of $5,125.35 for installation of a
leveling course. This leveling course is needed to eliminate irregularities in the existing surface
prior to application of the surface course.
The remaining two items on Change Order No. 2 deal with clearing and adjustment of existing
utilities. The net change in the contract price for Change Order No. 2 is an increase in the
amount of $23,388.15 for a revised contract amount of $1,209,033.59.
RECOMMENDATIONS AND FUNDING -
Staff recommends that the Board approve Change Order No. 2 in the amount of $23,388.15.
Funding for the road construction in the amount of $824,134.71 will be from Fund 101
(Traffic Impact Fees) District 6,
Funding for the force main in the amount of $384,898.88 is from Account # 472-000-169-112.00.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Adams, that the Board
approve change
$23,388.15,
recommendation,
Order No. 2 in the amount of
as set out in staff's
47
December 13, 1994 BOOK U I0
Chairman Tippin inquired- if the project would be done soon,
and asked Director Davis to mention to the contractor about the
traffic delays.
Public Works Director Jim Davis advised that the completion
date is February 14.
Commissioner Bird asked if the intersection at 4th Street and
20th Avenue would ever be signalized, that he had experienced
traffic backups in the mornings and afternoons.
Director Davis said it was one of the intersections they were
analyzing for signals.
THE CHAIRMAN CALLED THE QUESTION.
The motion carried unanimously (4-0,
Commissioner Eggert absent)
CHANGE ORDER ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
COUNTY ACCEPTS MAINTENANCE OF 92ND COURT (771H TO 79TH
STREETS) IN VERO LAKE ESTATES AND 12TH AVENUE S.W. (111H
TO 13TH ST. S.W.) IN OSLO PARK
The Board reviewed the following memo dated December 7, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for County to Accept 92nd Court between 79th Street
and 77th Street in Vero Lake Estates and 12th Avenue SW
between 11th Street SW and 13th Street SW in Oslo Park for
Maintenance
REF. LETTER: 1) Albert Proth to Jim Davis dated Nov. 28, 1994
2) Connie Stevens to Jim Davis
DATE: December 7, 1994 FILE: 92CT12AV.AGN
48
December 13, 1994
DESCRIPTION AND CONDITIONS
The County Public Works Department has received requests for the Department to begin
grading sections of 92nd Court in Vero Lakes Estates Subdivision and 12th Avenue SW in Oslo
Park. These roads are located in County dedicated right -of --way, but have not been historically
graded.
ALTERNATIVES AND ANALYSIS
Staff has evaluated the requests under the evaluation criteria for non -maintained roads and a
score of 75 and 80 points was assigned respectively. A minimum score of 75 points has been
previously used for staff to recommend maintenance grading.
RECOMMENDATIONS AND FUNDING
Since evaluation of 92nd Court between 79th Street and 77th Street and 12th Avenue SW
between 11th Street SW and 13th Street SW earned scores of at least 75 points, staff
recommends that they be added to the County road grading route.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) accepted
maintenance of 92nd Court, between 77th and
79th Streets, in Vero -Lake Estates, and 12th
Avenue SW, between 11th and 13th Streets SW,
in Oslo Park.
REQUEST FOR STREET LIGHTING - INDIAN RIVER BOULEVARD
FROM 37TH TO 53RD STREETS
Public Works Director Jim Davis reviewed the following memo
dated December 7, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director .
SUBJECT: Request for Street Lighting - Indian River Boulevard from 37th
Street to 53rd Street
REF. LETTER: Dean F. Luethje, Carter Associates, Inc. to James Davis dated Nov. 29, 1994
DATE: December 7, 1994 FILE: IRBLGTS.AGN
49
December 13, 1994
BOOK W FALL 9-d
DESCRIPTION AND CONDITIONS
Two recently approved developments along Indian River Boulevard Phase IV between 37th
Street and 53rd Street (National Health Corp Adult Congregate Living Facility and Oak Point
Subdivision) will soon be constructed and occupied by senior citizens. Dean Luethje, agent for
National Health Corp., is requesting that the County continue the street lighting program north
along Indian River Boulevard as currently exists south of 37th Street. The City of Vero Beach
is planning utility pole installation along the South one-half mile of this two mile section of
Indian River Boulevard.
ALTERNATIVES AND ANALYSIS
At the utility company's preferred light spacing of 250', approximately seven lights are
recommended at an estimated cost of $2,100 per year to light the one-half mile section between
37th Street and 53rd Street. If only seven lights -are installed as requested by National Health
Corp., the cost would be $2,100 per year.
FUNDING ALTERNATIVES
The following funding alternatives are presented:
Alternative No. 1
Fund the entire cost of lighting the one-half mile section of the corridor ($2,100
Per year) with budgeted Transportation Fund Revenue beginning in the FY95/96.
If this alternative is approved, there would have to be an increase in the Traffic
Engineering (Fund 111-245) budget each year beginning in FY95/96. Staff would
not support the project if a no budget increase scenario is required at budget time,
since other program items would. have to be eliminated. If the entire two mile
section of Indian River Boulevard from 37th Street to 53th Street is lighted, the
cost would be $12,600 per year.
Alternative No. 2
Request the City of Vero Beach to install the larger utility poles along Indian
River Boulevard at this time and consider the lighting in the FYTrac
Engineering budget. The cost for this alternative is $ 1,260 per year( ffi
�
RECOMMENDATIONS AND FUNDING
Alternative No. 2 is recommended whereby the County would request the City of Vero Beach
to install the larger poles along Indian River Boulevard at this time. Funding in the amount of
$ 1,260 would be from 111 -245 -Traffic Engineering
Commissioner Macht asked if the County had planned to light
the street. Director Davis said they had not been aggressive on
streetlighting since approximately $150 to $180 per light would be
added to the operating budget, which would mean a reduction in
other services to pay for streetlighting.
Commissioner Macht asked if it was a necessity to do the
lighting, and Director Davis responded that it would be a luxury.
He explained that the County has traditionally paid for lighting on
arterial roads..
50
December 13, 1994
M M M
Director Davis clarified that staff's recommendation was to
have the larger poles go in at this time allowing the opportunity
for the future streetlighting. The cost would be $1,260 per year
to upgrade to the larger poles.
Commissioner Bird observed that unless we plan to commit to
lights in the future, there would be no use in upgrading the poles.
He asked Director Davis if he believed it would be desirable
sometime in the future to light the street.
Director Davis responded that as development increases along
the corridor it certainly would be desirable, and it would be
necessary to have the larger poles in order for the streetlighting
to be effective.
Commissioner Bird asked if there was an opportunity and what
a one-time cost for the poles would be, and Director Davis advised
that he would get the cost from the City.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) DEFERRED the
item for a week to allow Director Davis to
obtain information from the City of Vero Beach
for the one-time cost of the pole upgrade.
51
December 13, 1994
BOOK 93 PAGE: J 14
BOOK
EXCHANGE COUNTY PROPERTY CORNER US 1/RIVERSIDE
AVENUE FOR EQUAL SIZED PARCEL OF HOGANBEGLEY
The Board reviewed the following memo dated December 7, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request by Chet Hogan and Fay Begley to Exchange a Small
Parcel of Riverside Avenue South Extension for an Equal Size
Corner Parcel on US 1/Riverside Avenue
REF. LETTER: Faye Begley to James Davis dated Oct. 6, 1994
DATE: -December 7, 1994 FILE: BEGLEY.AGN
DESCRIPTION AND CONDITIONS
Faye Begley and Chet Hogan own a 2.3 acre parcel at the south terminus of Riverside Avenue
south of Sebastian. Many years ago, old US 1 traversed through the property and a portion of
this right-of-way divides the Riverside 2.3 acre parcel to the east and a small 60' x 125' parcel to
the west. Ms. Begley and Mr. Hogan would like to exchange with the County a small
approximately .17 acre portion of the now county unused right-of-way for their approximately
.17 acre frontage on US 1 (see map attached).
ALTERNATIVES AND ANALYSIS
The County Attorney's office has rendered the opinion that a straight property exchange
following the procedures of Florida Statutes 125.37 could take place. A resolution would be
prepared by the County Attorney's office. Land values should be essentially equal. The
exchange should be advertised as required by F.S. 127.37.
The following alternatives are presented:
Alternative No. 1
Authorize staff to prepare the resolution for property exchange, advertise the
exchange in the local newspaper, and schedule consideration for a future board
meeting. Drainage within the county parcel would be relocated by Ms. Begley
and Mr.. Hogan. If any utilities need relocation, the requesting party or utility
company would be responsible.
Alternative No. 2
Deny the request.
RECOMMENDATIONS AND FUNDING
Alternative No. ,.1 is recommended whereby staff is authorized to prepare the exchange
resolution, advertise the time and place that the exchange would be considered by the Board,
and proceed with utility relocation. No county funding is recommended. The requesting parties
should pay for advertising expense, etc.
52
December 13, 1994
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert absent) approved Alternate
No. 1 and authorized staff to prepare a
resolution for property exchange, advertise
the exchange in the local newspaper, schedule
consideration for a future board meeting.
INSPECTION SERVICES FOR OSLO ROAD & OLD DDUE HIGHWAY
AND CR -510 AND SR -AIA INTERSECTION IMPRO
The Board reviewed the following memo dated December 5, 1994:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.B.,
Public Works Director
Jack Price alaL&
Personnel Director
FROM: Terry B. Thompson, P.B.pr
Capital Projects Manager
SUBJECT: Resident Inspection Services for Oslo Road &
Old Dixie Highway and CR 510 & SR A1A
Intersection Improvements
DATE: December 5, 1994 FILE: 510Insp.agn
DESCRIPTION AND CONDITIONS
Full time resident inspection services on Oslo Road & Old Dixie
Highway Intersection Improvements are being performed by a retired
FDOT inspector, William Howard. Mr. Howard's services were
contracted through ""At Your Service"" at a cost of $22.69/hr.,
which includes all social security, worker's compensation,
unemployment insurance, taxes, and agency fees. The total cost
approved by the Board on June 21, 1994 for inspection of Oslo & Old
Dixie was $23,597.60.
On October 18, 1994, the Board of County Commissioners approved a
change order to Dickerson Florida, Inc. that extended the widening
on Oslo Road from 500 feet west of Old Dixie Highway to Timber
Ridge. The change order included a 60 calendar day increase in the
contract time. The revised contract completion date is February 14,
1995.
53
December 13, 1994 sim u,3 PA.t
The Public Works Department is very satisfied with Mr. Howard's
performance and would like to''extend the contract with "At Your
Service" for inspection services at Oslo & Old Dixie. The Public
Works Department would also like to use Mr. Howard for inspection
services on intersection improvements at CR 510 & SR AlA. The
contract completion date for CR 510 & SR AlA is March 3, 1995.
The Personnel Department contacted "At Your Service" and they are
willing to extend the agreement to payroll Mr. Howard for three.
months (13 weeks) at the rate of $22.69/hr.*for. a total cost of
$11,798.80. Mr. Howard's time would be equally divided between the
two projects for the first six weeks. Mr. Howard will provide full
time inspection services on CR 510 & SR AlA during the last seven
weeks when most of the paving will take place.
RBCOM1—MMATIORS AND FUNDIN
Staff recommends that the Board extend the agreement to employ
William Howard through "At Your Service" for three months at a cost
of $11,798.80.
Funding for inspection of Oslo Road & Old Dixie Highway in the
amount of $2,722.80 is from Account 101-156-541-067.43.
Funding for inspection of CR510 & SR AlA for six weeks part time
and seven weeks full time in the amount of $9,076.00 is from
Account 101-151-541-067.11.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved
extension of an agreement to employ William
Howard through "At Your Service" for three --
months at a cost of $11,798.80 to inspect the
projects at Oslo Road & Old Dixie Highway and
CR510 & SR AlA.
MEDIEVAL FAIRE AT HOBART PARK LICENSE AGREEMENT
The Board reviewed the following memo dated December 6, 1994:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
ol`,
SUBJECT: License Agreement for Medieval Faire at Hobart Park
DATE: December 6, 1994 FILE: NOIEV.AGV
54
December 13, 1994
DESCRIPTION AND CONDITIONS
During the regular Dec. 1, 1994 meeting of the Parks and Recreation Committee, the Committee
recommended approval for Phoenix Productions to use Hobart Park for the Second Annual
Medieval Faire on Feb. 4-5 and 11-12, 1995. Several conditions were recommended by the
committee as follows:
1) Alcoholic beverages not be served;
2) A $500 clean-up bond be required;
3) Phoenix Productions coordinate with the Indian River Soccer Association for use
of the soccer field area east of 58th Avenue.
The attached license agreement has been prepared.
ALTERNATIVES AND ANALYSIS
The license fee is $500 per day that the Faire is in progress. The alternatives are to approve or
deny approval of the attached license agreement.
RECOMMENDATIONS AND FUNDING
Staff recommends that the license agreement be approved and that the Chairman be authorized
to execute thelicense on behalf of the County.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-
0, Commissioner Eggert absent) approved a
license agreement with Phoenix Productions for
use of Hobart Park for the Second Annual
Medieval Faire on February 4-5 and 11-12,
1995.
LICENSE AGREEMENT IS NOT YET ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
REPRESENTATIVE ATTEND WASTE FLOW CONTROL MEETING IN
WASHINGTON, D.C.
The Board reviewed the following memo dated December 9, 1994:
DATE: December 9, 1994
TO: COMMISSIONER REN-MACHT
BOARD OF COUNTY COMMI$IONERS
FROM: TERRANCE G. PINT /
DIRECTOR OF UTI I Y E VICES
SUBJECT: WASTE FLOW CONTROL MEETING
I can not' attend the meeting in Washington, D.C. regarding waste
flow due to a conflict in schedule._
However, I believe the meeting is important and should be attended..
I suggest that Mr. Vitunac attend.
55
December 13, 1994 eo��
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously (4-
0, Commissioner Eggert absent) authorized the
County Attorney to attend the meeting in
Washington, D. C., on waste flow control.
DISCUSSION OF ETHICS ORDINANCE
Commissioner Bird reviewed the following memo dated November
29, 1994:
TO: Board of County Commissioners
FROM: Commissioner Richard N. Bird
se�-=101- C�
DATE: November 29, 1994
SUBJECT: COUNTY ORDINANCE ON ETHICS
The Board of County Commissioners at its regular meeting of July 19,
1994 passed Ordinance No. 94-21 which sets forth new ethic
requirements for Commissioners and employees. This ordinance was
passed unanimously by the Board with the understanding that it could
be revisited after it had been in place long enough to gain experience
as to its effectiveness.
Since passage of this ordinance several situations have come to my
attention which appear to be violations of the ordinance but which are
not situations that I feel should be prohibited conduct. These include
the following:
1. Awards, plaques and dinners given by a civic or business
organization to honor individuals or groups for meritorious service, acts
of heroism, and similar conduct.
2. The annual golf outing given to all law enforcement, EMS and
Firefighters in Indian River County.
3. Acceptance of invitations given by organizations as a
ceremonial gesture such as the Dodgers inviting City and County
Officials to a Marlins baseball game or a Vero Beach Dodger game.
4. Discounts to various theme parks given to government
employees.
5. Free flu shots offered by a local hospital.
Participation in the above or similar functions does not, in my view,
compromise the ethical standards of Commissioners and County
employees. In fact it has the effect of coalescing the community with
the County employees. Therefore, I propose that staff be directed to
prepare appropriate amendments to the current ethics ordinance to
specifically allow participation by County Commissioners and County
employees in the above or similar functions.
56
December 13, 1994
� � r
Commissioner Bird believed there are areas that need
reconsideration by the Board. In his opinion, employees and
elected officials are all public servants, but as such are not
required to live in a cocoon or sterile environment, unable to mix
socially or take advantage of opportunities available to other
county residents. He asked that the ordinance be readdressed.
Commissioner Macht felt that acceptance of awards was not
prohibited by the ordinance and that discounts to theme parks
should not be prohibited, since they were given to almost every
group.
Commissioner Bird said the list had been compiled by the
County Attorney's office at his request.
Commissioner Macht declared there was no question about the
Dodger organization's integrity, but believed an all -expense paid
trip to the Marlin's baseball game was worth,a lot of money and was
not available to everyone. He felt that was questionable and did
not fill any particular governmental function.
Commissioner Bird maintained that most invitations to events
were only ceremonial, that public officials were invited and
expected to attend many functions to represent their constituents
or the community.
Commissioner Adams believed the Marlin game trip was not of
great consequence, that some of the events they were invited to was
only because they are elected and were obliged to be available to
the people. She declared she had a little problem with the golf
outing, but would not if all county employees were invited. The
first outing was a thank you, which was great, but now it has
become an annual event, and perhaps was demoralizing to other
county employees who were not invited.
Commissioner Macht agreed with Commissioner Adams on the golf
outing and would have no problem if it was opened to all employees.
Chairman Tippin advised that Commissioner Eggert had sent a
letter saying she has no problem with #1, #4, and #5. She felt
that #2 needed special consideration and added that Indian River
Shores does not participate in the County's EMS district, but she
believed it could be considered a unique situation. She has
concern about the Marlin games invitations.
Chairman Tippin did not agree that ethics needed to be put in
a book. He believed that common sense should be the guide. He
believed that cheaters would cheat and the honest would stay
honest. He deemed it important to have the business community
57
December 13, 1994 BOOK PALL 1
BOOK 93 PAU ,w
7
involved in government. Commissioner Tippin agreed the ethics
ordinance should be adjusted so it did not create problems.
Commissioner Adams suggested that staff be directed to come
back to the Board with suggested changes to the ordinance.
The Chairman announced consensus had been reached that staff
be directed to bring the Board their recommendation for further
consideration of the Ethics ordinance.
EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Emergency
Services District. Those Minutes are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of
the Emergency Services District meeting, the Board would convene as
the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:16 p.m.
ATTEST:
,T arton}o Clerk
Minute#-�,,approved on
December 13, 1994
58
r
J6hn W. TippiK, Chairma