HomeMy WebLinkAbout1/24/1995MINUTEFEdiTTACHEDM
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 24, 1995 _
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman ( Dist. 3 )
Fran B. Adams, Vice Chairman ( Dist. 1)
Richard N. Bird ( Dist. 5 )
Carolyn K. Eggert ( Dist. 2 )
John W. Tippin (Dist. 4)
9: 00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. Fran W. Adams
4. ADDITIONS TO THE AGENDA;/EMWGENCY ITEMS
1. Item 5-B, add a presentation to former Chairman Tippin.
2. Item 11-G-3, defer.
3. Item 13-A, defer.
4. 6Item 13-B,..Intergovernmental Challenges Summit report.
S. PROCLAMATION AND -PRESENTATIONS
Introduction of Dr. John Witte, Health Department
Administrator for District 15
6. APPROVAL OF MINUTES
A. Meeting of December 13, 1994
B. Meeting of December 20, 1995
7. CONSENT AGENDA
A. Proclamation Designating Feb. 9 thru Feb. 18,
1995 as "Shriners Crusade to Help Crippled
Children Drive" in Indian River County, FL
B. Beach Committee Appointment to Tourist Develop-
ment Council
.(memorandum dated January 9, 1995 )
C. GHA Coventry Island Ltd.'s Request for Final
Plat Approval for Coventry Island at Grand
Harbor
-. ( memorandum dated January 11, 1995 )
D.i�i � FY 1995 Collection Development
memoran um ed January 10, 1995) Grant Agreements/Fla
E. Request for Third Extension of Lindsey Lanes /Genealogy Collection
S/D, Ph. JI, Land Development Permit Development Grant/
� Library Services
I memorandum dated January 16, 1995 )
7. CONSENT AGENDA (cwWd. ):
F. Release of Utility Liens
( memorandum dated January 17, 1995 )
G. Grand Harbor Construction - Assignment of
Warranty to County for Utility Maint. Bond -
Plat 16, Coventry Island
( memorandum dated- January 16, 1995 )
H. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated January 17, 1995 )
I. 1995 Firefighters / Indian River County Fair
( memorandum dated January 17, 1995 )
J. COPS Grant
( letter dated January 18, 1995 )
K. Letter for Chairman's Signature Regarding HRS
Cuts / District 15
( backup provided separately)
L. Approval of Maintenance Map for 130th St.
in Roseland
( memorandum dated January 18, 1995 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, DESIGNATING THE SHERIFF AS
CHIEF CORRECTIONAL OFFICER
2. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE CODE OF ETHICS
AND CONDUCT SECTION 104.06 OF THE
INDIAN RIVER COUNTY CODE
3. EMERGENCY SERVICES DISTRICT Advisory
Committee's Recommended Revisions to
Chapter 304, Life Support Services
( memorandum dated January 16, 199S)
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. - COMMUNITY DEVELOPMENT
1. Interim Services Fee Advisory Committee
( memorandum dated January 17, 1995 )
2. Request for Authorization to Submit
Comprehensive Plan Amendment Request
( memorandum dated January 17, 1995 )
11. DEPARTMENTAL MATTERS (conVd. ):
B. EMERGENCY SERVICES
None
-C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Professional Engineering Architectural
Services for Blue Cypress Lake Restroom
Buildings
( memorandum dated January 16, 1995 )
2. Amendments to I.R. Soccer Assoc. Lease and
I.R. Archers License Agreement to Revise
Legal Descriptions
(memorandum dated January 16, 1995)
3. Professional Engineering Services Agreement
for CR 507 in Fellsmere / Post, Buckley,
Schuh & Jernigan, Inc.
(memorandum dated January 16, 19%)
H. UTILITIES
1. Rate Resolution to: (a) Establish a Rate
Equalization Charge; (b) Line Extension
Fees Adjustment —
( memorandum dated January 16, 1995 )
2. Mid -Florida Elevated Storage Tank Removal
( memorandum dated January 16, 1995 )
3. Water Expansion Plan - Phase Vi,
Resolutions I and If
(memorandum dated January 13, 1995 )
4. 10th Ave. & 10th Crt. Water Line Replace-
ment
( memorandum dated January 18, 1995 )
S. Interlocal Agreement Between Indian River
County and City of Sebastian - Construction
of the Riverfront Water Project
( memorandum dated January 16, 1995 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
Discussion of Old Courthouse Study
13. COMMISSIONERS ITEMS (aonVd. ):
B. VICE CHAIRMAN FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS _
A. EMERGENCY SERVICES DISTRICT
See Item 9-A-3 - PUBLIC HEARING
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
January 24, 1995
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, January 24,
1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; John W. Tippin; Richard N. Bird; and
Carolyn K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and P. J.
Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and Commissioner
Adams led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Macht requested the following changes to today's
Agenda: _
1. Addition of Item 5-B, presentation of plaque
to former Chairman Tippin.
2. Defer Item 11-G-3, Professional Engineering
Services Agreement for CR 507 in
Fellsmere/Post, Buckley, Schuh & Jernigan,
Inc..
3. Defer Item 13-A, Discussion of Old Courthouse Study.
Commissioner Adams requested the addition of Item 13-B,
Intergovernmental Challenges Summit report.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously made the
above changes to the Agenda.
JANUARY 24, 1995 1
PROCLAMATION AND PRESENTATIONS
A. Introduction of Dr. john Witte. Acting Director of District 15 Public
Health Unit
The Board reviewed a letter of January 19, 1995:
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
HRS - INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
1900 27TH STREET TELEPHONE (407) 778-8300
VERO BEACH. FL 32980 SLRJ-COM 240-8300
FAX 778-8303
January 19, 1995
The Honorable Kenneth R. Macht,.Chairman
Indian River County Board of Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Macht: `
t
RE: Board of County Commissioners Meeting
January 24, 1995
Item 5 - Proclamations and Presentations
Please find attached the resume of John Witte, M.D., M.P.H.
Since the departure of Dr. Berman, Mr. Wilbur Williams, Distrist
15 Administrator, appointed Dr. Witte to serve as our health
unit's acting director.
Dr. Witte recommended that we forward his resume for the
commissioners' review prior to his introduction on January 24,
1995.
Currently, there is a search committee in place to recruit
and recommend a replacement administrator for Indian River County
Public Health Unit.
We look forward to seeing you at the commissioners' meeting.
Sincerely,,
Q6,-,- 1RN.
Jean L. Kline, R.N.
Sr. Community Health Nursing Director
JANUARY 24, 1995 2
���� 94 FnE 1:33
Jean Kline, Nursing Director for the Indian River County
Public Health Unit, introduced Dr. John Witte, M.D., M.P.H., Deputy
District Administrator for Health and Acting Director of Indian
River County Public Health Unit.
John Witte, Acting Director, told the Board he was glad to
come and meet them. He reminded the Board that Dr. Berman had
resigned and announced that a decision has been reached to recruit
an administrator rather than a physician to fill the position. The
position has been advertised.
Commissioner Eggert recalled that the Board has a right to
approve who is chosen for the position and requested that the Board
be given an opportunity to talk to the candidates prior to a choice
being made.
Acting Director Witte responded that this is at the pleasure
of the Board. He advised that a search committee comprised of
himself and 2 directors of health in other counties has been set up
to handle the matter; however, they would be glad to give the Board
an opportunity to meet with the candidates.
Commissioner Eggert felt that only the top two candidates need
to be presented to the Board.
Commissioner Adams suggested that Commissioner Eggert be
appointed to interview the top two candidates and welcomed Acting
Director Witte.
Commissioner Bird wanted to publicly thank Dr. Berman, noting
that it had been a real pleasure to work with him. Dr. Berman
always had the best interests of—the County at heart and did the
best he could with the limited resources he had to work with. He
also expressed his feeling that Dr. Berman is largely responsible
for the new health building.
Acting Director Witte responded that Dr. Berman is an
outstanding public health official.
Chairman Macht announced that a consensus had been reached to
appoint Commissioner Eggert to interview the top 2 candidates for
the director's position and present a recommendation to the Board.
B. Presentation to John Tippin, Former Chairman
Commissioner Macht presented a plaque and the Board's thanks
to John Tippin for his services as former Chairman of the Board for
1994.
JANUARY 24, 1995
3
moo �-nc 1,34
J
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meetings of December 13 and December
20, 1994. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meetings of December 13
and December 20, 1994, as written.
CONSENT AGENDA
A. Proclamation Designating February 9 through February 18, 1995 as
"Shriners Crusade to Help Crippled Children Drive"
The Board reviewed the following Proclamation:
PROCLAMATION
DESIGNATING FEBRUARY 9 THROUGH FEBRUARY 1S, 1995
AS "SHRINERS CRUSADE TO HELP CRIPPLED CHILDREN
DRIVE" IN INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the Amara Shrine Temple, having served over 800
active patients from the counties of Indian River, Martin, St.
Lucie, -'Palm Beach and Okeechobee during the past year through the
Shriner Hospitals for Crippled Children, meeting their needs for
orthopedic and burn care; and
WHEREAS, the Amara Temple is a part of 720,000 Shriners
throughout North America that support 19 orthopedic hospitals and
3 burn institutes that provide specialized.expert care for needy
:children up to their 18th birthday absolutely FREE; and
WHEREAS, this large group of Shriners of North America made
this. commitment over 70 years ago to help needy crippled and
burned victims get the expert long term care they need to have a
chance for a.healthy normal productive life; and
WHEREAS, it is recognized that in order to continue this
great service and tradition of caring, it is necessary to enlist
the help and support of individuals of the community, and ask
them to take a moment to learn more about these hospitals and
burn care units so that the public can refer a child needing such
services to us; and
WHEREAS, this request for public support is made only once a
year. A free newspaper is given to all, telling of the Shriners'
Crusade -to help these -needy children:
JANUARY 24, 1995 4
pooK94 F.,,E 1:35
N
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
CONMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA that February 9
through February 18, 1995 be designated as
SHRINERS CRUSADE TO HELP CRIPPLED CHILDREN DRIVE
in Indian River County, and the Board further urges all citizens
of this county to show their appreciation to the Shriners for
their good *.works both on a local and national level for the
benefit of all.
Adopted this=2 =oo�a aun�` y' 1995
BOARD OF COUNTY CON414ISSIONERS
INDIAN RIVER COUNTY, FLORIDA
f�t�1
e -z
enneth R. Nlacht, Chairman
B. Beach Committee Appointment to Tourist Development Council
The Board reviewed a Memorandum of January 9, 1995:
TO: Board of County Commission DATE: January 9, 1995 FILE:
SUBJECT: Beach Committee Appointment
to Tourist Development Council
FROM: Fran B. Adams REFERENCES:
Chairman
Beach and Shore Preservation Advisory Committee
I respectfully submit my recommendation for appointment of
Virginia Mann as the Beach and Shore Preservation Advisory
Committee representative on the Tourist Development Council.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the appointment of Virginia Mann as the Beach and
Shore Preservation Advisory Committee representative
on the Tourist Development Council.
JANUARY 24, 1995
5
G0[IF 9 4PraGc 1'36
C. GRA Coventry Island Ltd. -'s Request for Final Plat Approval for
Coventry Island at Grand Harbor
The Board reviewed a Memorandum of January 11, 1995:
TO: James E. Chandler
County Administrator
DIY ION HEAD CONCURRENCE:
Robert Keatin , AIC
Community Devv'�
eJlopmen Director
THROUGH: Stan Boling; AICP
Planning Director
FROM: John W. McCoy, AICP�._1 �Y\
Senior Planner, Current Development
DATE: January 11, 1995
SUBJECT: GRA Coventry Island Ltd.'s Request for Final Plat
Approval for Coventry—Island at Grand Harbor (Plat 16,
PD -94-07-06)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of January 24, 1995.
DEVELOPMENT AND LOCATION:
Coventry Island is a 35 lot subdivision of an 8.93 acre parcel,
which is centrally located within the Grand Harbor project (see
attachment #2). The subject property is zoned RM -6, Residential
Multi -Family (up to 6 units/acre) and has an M-1, Medium Density 1
(up to 8 units/acre) land use designation. The proposed density
for this project is 3.91 units/acre.
At its regular meeting of May 26, 1994,, the Planning and Zoning
Commission granted preliminary PD plan/plat approval for the
proposed development. The owner, Coventry Island Ltd.) is now
requesting final plat approval and has submitted the following:
1. A final plat in conformance with the approved preliminary PD
plat.
2. A certificate of completion for all required improvements.
ANALYSIS:
All of the required improvements have been completed by the
developer. The Public Works Department and Department of Utility
Services have inspected and approved all required improvements.
All improvements will be private with the exception of the water
and wastewater utilities, which will be publicly dedicated and
warranted separately.
All applicable requirements regarding final plat approval have been
satisfied.
JANUARY 24, 1995 6
Au
� � r
o s �
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant final
plat approval for Coventry Island at Grand Harbor.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously granted
final plat approval for Coventry Island at Grand
Harbor, as recommended by staff.
D. FY 1995 Collection Development Grant Agreements/Florida
History/Genealogy Collection Development Grant/Library Services
The Board reviewed a Memorandum of January 10, 1995:
DATE: 1-10-95
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT OF
GENERAL SERVICES
SUBJECT: FY 95 COLLECTION DEVELOPMENT GRANT AGREEMENTS
FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTOR
BACKGROUND:
STAFF APPLIED FOR A FLORIDA HISTORY/GENEALOGY COLLECTION
DEVELOPMENT GRANT FROM THE STATE LIBRARY OF FLORIDA AND
WAS AWARDED $25,000.00. THE GRANT REQUIRES A LOCAL 1/3
MATCH, WHICH WILL BE TAKEN FROM EXISTING BUDGETED FUNDS.
ANALYSIS:
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS'
SIGNATURE IS REQUIRED ON BOTH ORIGINAL AGREEMENTS IN ORDER
TO RECEIVE THE APPROVED ALLOCATION (AGREEMENTS ATTACHED).
RECOMMENDATIONS:
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT AGREEMENTS AND RETURN TO THE
MAIN LIBRARY TO BE FORWARDED TO THE APPROPRIATE STATE
LIBRARY STAFF.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Grant Agreements and authorized the Chairman to
execute same, as recommended by staff.
GRANT AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
JANUARY 24, 1995 7
ma 94 pn '138
E. Third Extension for Land Development Permit/Lindsey Lanes S/Ds
Phase H
The Board reviewed a Memorandum of January 16, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
FROM: Roger D. Cain, P
County Engineer
SUBJECT: Request for Third
Development Permit
of Lindsey Lanes Subdivision Phase H, Land
REFERENCE: SD -90-09-17
DATE: January 16, 1995 — CONSENT AGENDA
Land Development Permit No. 102C was issued on February 9, 1991 to John F. Stolle to construct
Phase II of Lindsey Lanes Subdivision. Lindsey Lanes is located on the south side of 49th Street
with entrances at 47th Court and at 50th Drive. A certificate of completion for Phase I was issued
by the Public Works Department on June 26, 1991. Phase I has also been platted. Phase 11 consists
of 77 lots on 22.43 acres. Extensions are permissible in Section 913.06(5)(J) of the Subdivision and
Platting Ordinance. It is understood that the construction of the Phase II improvements will occur
prior to platting of Phase II and therefore no surety has been posted.
The three original conditions of the February 8, 1991 Land Development Permit approval would
also be applied to the extension.
Alternate No i
Grant an eighteen month extension of the land development permit effective on the date that all
necessary juridsictional agency permits for the project are shown to be valid.
Alternate No. 2
Deny extension and require the developer to submit new applications and review fees for land
development, land clearing and tree removal permits.
Staff recommends approval of alternate No. 1.
JANUARY 24, 1995 8
ma 94 Filw_ 139
I
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
an 18 -month extension of the Land Development permit
for Lindsey Lanes Subdivision, Phase II, effective
on the date that all necessary jurisdictional agency
permits are shown to be valid, as recommended by
staff.
F. Release of Utility Liens
The Board reviewed a Memorandum of January 17, 1995:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CIA, County Attorney's Office
DATE: January 17, 1995
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. Blue Cypress Lake Sewers:
JANUARY 24, 1995 9
MOx 1j ; - 140
KUSHMER (2)
2.
Flora Lane Water:
FLETCHER
FREIERMUTH
3.
Glendale Lakes 2nd Water:
HUDGENS
4.
Miraflores Water:
AUTREY
5.
Phase I Water:
BIONDO
CASON
HALE
KICKLIGHTER
MAYR III
POLLARD
ROPES, JR.
VISALLI, JR.
WILLIAMS
6.
Phase II Water:
MILLER
ROBINSON
SMITH/WOJTASZEK/SCHIAVONE
JANUARY 24, 1995 9
MOx 1j ; - 140
7. Phase III Water:
ALLEY
SCHUESSLER (2)
S. Phase V Water:
HAAS
NORWOOD
9. Rockridge Sewers:
WILLIAMS
10. Shady Oaks Water:
PALAU
11. Silver Oaks Water:
MARSHALL, JR.
12. State Road 60 Sewers:
RIM -KERRY, INC.
COLEMAN
STEIN
HOGAN
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the releases of utility liens, as recommended by
staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
G. Grand Harbor Construction - Assignment of Warranty to County for
Utility Maintenance Bond/Plat 16, Coventry Island
The Board reviewed a Memorandum of January 16, 1995:
TO: BOARD OF COUNTY COMMISSIONERS
6
FROM: Lea R. Keller, CIA, County Attorney's Office
THRU: Charles P. vitunac, County Attorney
DATE: January 16, 1995
RE: Grand Harbor Construction - Assignment of Warranty to County
for Utility Maintenance Bond - Plat 16, Coventry Island
JANUARY 24, 1995 10
BOOK q ...� . 141
The Development Order for Grand Harbor required that certain utility
improvements be constructed. The contractor (Jobear, Inc.) has issued a
warranty in favor of Grand Harbor (Proctor Construction Company), and
they are now assigning the Maintenance Bond to the County. The attached
Assignment of Rights under Maintenance Bond is this agreement and
requires the Chairman's signature to accept It on behalf of the County.
If for some reason the Assignment fails and there is warranty work to be
performed, Grand Harbor has agreed to enforce the Maintenance Bond
according to its terms.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached Assignment.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
acceptance of the Assignment of Rights Under
Maintenance Bond with Proctor Construction, Inc. for
Grand Harbor Plat 16 - Coventry Island and
authorized the Chairman to accept the Assignment, as
recommended by staff.
ASSIGNMENT OF RIGHTS IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
H. Cancellation of Outstanding Taxes/Properties Purchased for County
Use
The Board reviewed a Memorandum of January 17, 1995:
TO: �BOQApRD� OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: January 17, 1995
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTIES PURCHASED FOR COUNTY USE
JANUARY 24, 1995 11
c,�oKb 4 14�
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the cancellation of taxes upon lands recently
acquired by the County and adopted Resolution 95-14
cancelling certain delinquent taxes upon publicly -
owned lands, pursuant to Section 196.28, Florida
Statutes, as recommended -by staff.
(raviBad tor= ) 1/ 1 7 /9 4 (raao\texas) Vie _ 149
Re: R/W - 26th Street (Walker Ave.)
Parcel #31-32-39-00001-0160-00003.0
Seminole Ventures, Inc.
RESOLUTION NO. 93-.14om
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
JANUARY 24, 1995 12
boox 94 Four 143
RESOLUTION 95-14
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 1042, Page 0251, which was recently acquired by
Indian River County for right of way purposes on 26th Street, are hereby
cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner E a a e r t and
the motion was seconded by Commissioner Bird , and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 2 4 day of January , 1995.
BOARD OF C COMMI IONERS
INDIAN VER 0 , RIDA
Attest:
tVJ on, erk Macht, Chairm
l
AttachmentIndan Rivs Ca Approved
Attachments Deed ith Legal Description Date
Admin.
Legal 1� L-7
Budget
Dept.
Risk Mgr.
JANUARY 24, 1995 13
boaKFAi;� 144
RESOLUTION 95-14
Statutory Warranty Heed
R/W - 26th Street (Walker Avenue)
Tax ID #31-32-39-00001-0160-00003.0 IN THE RECORDS OF
1 O . `0 JEFFREY K. EAR i ON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
STATUTORY WARRANTY DEED
THIS INDENTURE, made this zw day of ",
1994, between
SEMINOLE VENTURES, INC., a Florida corporation,
the address of which is Post Office Box 2069, Vero
Beach, FL 32961, GRANTOR,
DOCUMENTARY STAMPS and
DEED $ 7 -'> • "0
NOTE $ INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, whose address is 1840 25th
JEFFREY K. BARTON, CLERK Street, Vero Beach, FL 32960, GRANTEE,
INDIAN RIVER COUNTY
WITNESSETH:
That GRANTOR, for and in consideration of the sum of $10.00
and other
good
and valuable consideration to GRANTOR in
hand paid by
GRANTEE,
the
receipt of which is hereby acknowledged,
has granted,
bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns
forever, the following described land, situate, lying, and being in
Indian River County, Florida:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
If 28th Street west of Lateral A is not constructed
by January 1, 1998, the real property conveyed
herein will automatically revert to GRANTOR.
and GRANTOR does hereby fully warrant the title to the land, and will
defend the same against the lawful claims of all persons whomsoever.
Signed in the presence of:
sign: .
Wit ss
printed name: TANYA ATKINSON
sign:.
Witness
prin ed name : JUNE HANSEN
JANUARY 24, 1995 14
SEMINOLE VENTURES, INC.
a Florid% corporation
By & -9 4&
-
(SEAL)
booK 94 P,%[ 145
r
RESOLUTION 95-14
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
APPROVED AS TO FORM
ANDL� A FFICIENCY:
Charles P. Vitunac
County Attorney
The foregoing instrument was acknowledged before me this 22ND
day of NOVEMBER , 1994, by BEN BAILEY. II; as PRESIDENT of
SEMINOLE VENTURES, INC., a Florida corporation, on behalf of said
corporation. S/He is personally known to me or produced
as identification.
r
This docam-at was prepmvd by sign: wa, ftvx6lu
and should he retaarned to Notary Public
the Cotrrly Al eorrcy's ()ifice, printed nam
l-,,
1840 0i►tla St., VnrO Bea* Commission
TANYA ATKINSON
n0rid4 8296Q Notary Public -State of Florida
W Commission Expires MAR 19.1995
COMM of CC 093379
LEGAL DESCRIPTION
for
Tract 16-3.0
Walker Avenue
LEGAL DESCRIPTION for additional Right -of -Way for 26th Street:
The North 30 feet of the South 60 feet of the East 13.94
acres Tract 16, Section 31,.Township 32 South, Range 39
East as designated in the last general plat of lands in
Indian River Farms Company filed in the Office of the
Clerk of circuit Court of St. Lucie County, Florida, Plat
Book 2, Page 25, now part of the Public Records of Indian
River County, Florida;
said land now lying and being in Indian River County and containing
0.31 acres, more or less. Subject to Right -of -Way for 58th Avenue.
[ETX H I B I i "A°
JANUARY 24, 1995 i5
BOOK b4 PA, -,UE 146
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the cancellation of taxes upon lands recently
acquired by the County and adopted Resolution 95-15
cancelling certain delinquent taxes upon publicly -
owned lands, pursuant to Section 196.28, Florida
Statutes, as recommended by staff.
Re: R/W - First Street, SW
Parcel $17-33-39-00001-0150-00001.0
Gulfstream Harvesting, Inc.
RESOLUTION NO. 95- 15
A RESOLUTION OF INDIAN RIVER COUNTY, -FLORIDA,
CANCELLING CERTAIN DELINQUENT TABES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.281
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O.R. Book 1043, Page 2065, which was recently acquired by
Indian River County for right of way purposes on First Street, SW, 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.
JANUARY 24, 1995 16 BOOK 94 pm -,E 147
RESOLUTION 95-15
The resolution was moved for adoption by Commissioner _E-99ert , and
the motion was seconded by Commissioner Adams , and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 24 day of January , 1995.
Atteet: —N
*e / • t+....rte �.`g�. zt
J,: ^ton, Cl'"k C
Attachment: Deed *4t�h Legal Description
BOARD OF 9OUNTY CO SIONERS
INDIAN R , ORIDA
By
K neth R. Macht, Chairman
.... 1,. , .-A ..i.. � � ..... t.
R/W - First Street, S.W.
Tax ID #17-33-39-00001-0150-00001.0
IN THE rl-7' OF
JEFF RFYr
CLERK
INDIAN
Indian Rive Ca Approved Date
Admin.
Legal `,
Budget
Dept.
Risk Mgr.
STATUTORY -WARRANTY DEED
THIS INDENTURE, made this day of
1994, between
GULFSTREAM HARVESTING, INC., a Florida
corporation, the address of which is Post Office
BOOM, Winter Beach, FL 32971, GRANTOR,
and
DOCUMENTARY STAMPS
DEED = :2B. % 0 INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, whose address is 1840 25th
NOTE $ Street, Vero Beach, FL 32960, GRANTEE,
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
W I T N E S S E T H
That GRANTOR, for and in consideration of the sum of $10.00
and other good and valuable consideration to GRANTOR in hand paid by
GRANTEE, the receipt of which is hereby acknowledged, has granted,
JANUARY 24, 1995
17
RESOLUTION 95-15
bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns
forever, the following described land, situate, lying, and being in
Indian River County, Florida:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and GRANTOR does hereby fully warrant the title to the land, and will
defend the same against the lawful claims of all persons whomsoever.
Signed in the presence of:
sign: Q tdZ& Cr
,/ Witness
printed name: jiarm A111V.nrJ
sign:
printed ame:
CAA -0-1 BALI(o
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
GULFSTREAM HARVESTING,
INC., a F,,iprida corporation
By
APPROVF) AS TO FnRNI
AC! ,L G L l!FFIf,IFNCx` arp.
Charles P. 11111Jna.0
County Attorney
The foregoing instrument was acknowledged before me this 5
day of _2se e, 1994 , by Daniel R. Richey, President
GULFSTREAM HARVESTING, INC., a Florida corporation. lie is
✓ personally known to me or produced as identification and
signed above on behalf of same.
V
This document was prepared by
and Rhonid be ret-7rnM to
the County Avor71-y's Oxfice,
IM 2551h St., Vero Beach,
Florida 82960
JANUARY 24, 1995
sign: &",
Notary
printed name:
Commission #
CESAR A. ALVAREZ
Notary Public, Stab of Flalde
My comm. 9*1m Oct. 13, 1908
Comm. No. CC4M37
is wax 94 .14
M
LEGAL DESCR 1111 ION
STREET S.W.:
RESOLUTION 95-15
I TGAI DESCRIPTION
VOR
TRACT 1 !'. -" 1 . o
(.-Al? I I I2 ROAD
rOrl ADI) I T I ONAI. 121 GI IT -Or --WAY
FOR 1 ,"r
TFIF: 14ORTII 30 Fr:f of 1111: SOUTH 60 F -F F:T OF TIIF. WEST 10 ACRES
OF TRACT 15, SECTION 1 7 , TOWNSI I I F' 33 SOUTH, RANGF 39 EAST.
AS DESIGNATED IN TI IV LAST GENERAL MAT OF LANDS IN i ND I AN
R I VF_ R FARMS COMPANY 1: 1 I.r"U IN THE OI-F"ICF OF.- -111: CLERK OF THF --
CIRCUIT COURT OF SAINT LUC 1 F: COUNTY, F LOR I hA , PLAT BOOK 2
F'A(;r 25, SA I I) LAND NOW LYING 114 INDIAN R I VF R COUNTY, , FLORIDA
ANO CONTAINING 0.23 ACRI S , MORE- OR LESS.
.A Y
1-111-)
,L..II 11
I. 1995 Firefighters/Indian River County Fair
The Board reviewed a Memorandum of January 17, 1995:
TO: BOARD OF COUNTY CONIlVIISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: January 17, 1995
RE: 1995 Firefighters/Indian River County Fair
The Firefighters have executed the attached contract with the
County for holding the 1995 fair and our application package is
ready to be sent to the state so that the County will receive its
1995 fair permit.
Requested Action: Board authorize the Chairman to execute the
attached contract, application for fair permit, and affidavit and the
County Attorney's Office to submit the completed application
package to the state along with the required $275.00 permit fee.
JANUARY 24, 1995 19 B.00,� ,f-�, fF-0
C
W
-v
G7
O
M
Cn
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the submission of the application package for the
1995 Firefighters/Indian River County Fair and
authorized the Chairman to execute the Agreement
with the Vero Beach Firefighters Association, Inc.,
Application for Fair Permit, and Affidavit, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
I COPS Grant
The Board reviewed a letter of January 18, 1994:
4triff
-
GARY C. WHEELER • INDIAN RIVER COUNTY
W
Y
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41 at AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE 407-569-6700
January 18, 1995
Commissioner Ken Macht
Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Cornrnissioner Macht,
The Sheriffs Office has prepared for your consideration and signature the document related to the
COPS grant for three positions, previously approved by the Commission. Please place this item
on the consent agenda for the Board of County Commissioners' meeting on January 24, 1995.
The document requires both your signature and Mr. Bird's signature, since he was the Chairman
of the Board at the time of the original grant request approval. This document must be signed as
indicated, and returned to my office for processing as soon as possible.
If you or your staff have any questions concerning the above, please contact myself or Captain
Gisler at 569-6700, ext. 404.
Sin ere ,
Sheriff Gary C. Wheeler
JANUARY 24, 1995
2 0 WOK U f�,�.E 1.31
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the COPS Grant and authorized the Chairman to
execute the Grant Manager's Memorandum, as
recommended by staff.
GRANT APPLICATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
K. Letter of Opposition to HRS Cuts/District 15
The Board reviewed a letter of January 24, 1995:
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Brarh, Florida 32960
Telephone: (407)567-8000
January 24, 1995
The Honorable James A. Scott
President of Florida Senate
Suite 409
The Capitol
Tallahassee, Florida 32933-1100
Dear Senator Scott:
The County Commissioners of Indian River County would like to
express our concern for the proposed 25o budget cut to the
Department of Health and Human Services. If it is necessary to
reduce their budget by this amount, in District 15 the cuts will
reduce many services drastically if not eliminate them
completely.
Major cuts will be made in preventive programs. There are many
studies that prove preventive programs are cost effective and
will cut the state expenses over the long term. The elimination
of Primary Care and Part H services are examples of the
preventive services being eliminated in Indian River County.
In funding HRS 'programs, we were eager that preventive care and
children's services be their top priority for funding. We
understand the legislature was eager to look at fraud, waste and
ineffectiveness; however, we feel perhaps that HRS has taken a
different slant on this.
We understand the need for cuts and the need to eliminate
programs not really serving the public. Elimination of this type
program would serve the people of the state more effectively than
the elimination of preventive medicine and children's care.
JANUARY 24, 1995 21 moo 94
Senator James A. Scott
January 24, 1995
Page 2
Our second concern pertains to elimination of Primary Care and
Part H services by the state HRS office before the regular cut of
25% by district. This reduction results in a 31% reduction in
total operating budget, putting an unequal burden on our county.
Indian River County Commissioners and the Indian River Memorial
Hospital Taxing District contribute $769,500 to enhance the
services to our residents. The Health Department was instructed
to include these dollars in their total budget reductions.
If the state Senate Ways and Means Committee uses the inflated
numbers, the resulting reduction for Indian River County Public
Health Unit will equal $1,081,,568. This amount represents a 71%
decrease in their state contribution and will have profound
consequences on the residents of our county.
Please consider our concerns in your final determination of
budget reductions. _
Sin rely,
2
Kenneth R. Macht
Chairman
KRM:aw
CC: HRS, District 15
HRS, District 9
Senator Patsy Kurth
Senator William "Doc" Myers
Representative Charles Sembler
Representative Bill Posey
Representative Ken Pruitt
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the Chairman to execute the letter as presented and
directed Executive Aide Alice White to forward a
copy of same to State Representatives Charles
Sembler of Indian River County, Bill Posey of
Brevard County, and Ken Pruitt of St. Lucie County.
L. Approval of Maintenance Map for 130th Street in Roseland
The Board reviewed
a Memorandum
of January 18, 1995:
JANUARY 24, 1995
22
Max
�t1 �
TO: James E. Chandler,
County Administrator _
FROM: James W. Davis, P.
Public Works Director
SUBJECT: Approval of Maintenance Map for 130th Street in Roseland
DATE: January 18, 1995
DESCRIPTION AND CONDITIONS
FILE: 13 OST . AGN
This portion of 130th Street in Roseland has been the subject of
controversy for a number of years, having been built over the years
by various users. The area involved was constructed without
benefit of alignment, and the ditches shown were dug and have been
maintained by the County for ten years or more. They are an
integral part of the roadway.
The properties involved are residential lots shown on a replat of
Sections 21 and 30 of the Fleming Grant known as the A.A. Berry
Subdivision.
The attached maintenance map is the result of discovering the true
right-of-way limits for 130th Street as dedicated by General
Development Corp. and realizing that the shown drainage ditches
were necessary to the use of the existing road.
REC—CHEM ATIONS AND FUNDING
Staff recommends the Chairman approve the maintenance map for 130th
Street in Roseland so that it can -be filed with the Clerk of Court
for Indian River County. The only funds expended at this time will
be for filing of the map.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the maintenance map for 130th Street in Roseland for
filing with the Indian River County Clerk of Court,
as recommended by staff.
ORDINANCE DESIGNATING THE SHERIFF AS CHIEF
CORRECTIONAL OFFICER
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
JANUARY 24, 1995 23
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach,. Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
In the Court, was pub-
lished in said newspaper in the issues of
6/1
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty; Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. /f
Q,:.*OTg9• .�
•
•My COMM. Ex*ft .1
June 29.1997 •
• No. CC3W72
.'••.F OF FLOQ; •f'�
day 19
Manage"
BARBARA C SPRAGUE. NOTARY
CAupe.ussKat Number: CC3ou572 w,
'I". Imo. I? ,!'"4L�
°'
Shried-l".1
Notary- BARBARA C. SPRAGUE
-the trona .of GwAy ro wft*mm d h*m
M4Gaudy t�oride, hereby povides rouoe of
n
BEAR sohehoft for !� AM an
it eofr�! Y . IM. to d pgWW
AN ORDINANCE OF 6�DfAN MM COUNTY.
FLOA1DA�DESMATM TME SHEW AS CHU
ow YAM
ee made a Oib WM Mme fail g VAf to wan
a. vnbaft record of me prooeebge is made,
.Which � u �tew=W and avidenoe upon w"
vrM roads a amm a000rmioWW for
* � Ad (ADA) ftCoar*tor ��
WWI EA 408.491 least 46 horn in admus of ttre
Jan 6.1665 1162556
The Board reviewed a Memorandum of January 16, 1995:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: January 16. 1995
SUBJECT: Designation of Sheriff as Chief Correctional Officer
In Indian River County the Sheriff
the creation of the County in 1925,
the Board of County Commissioners
JANUARY 24, 1995 24
has operated the County jail since
except between 1984 and 1986 when
did. The Board transferred this
-Root55
W?
responsibility back to the Sheriff in 1986 by voice vote after the
County found it impossible to get adequate insurance coverage.
Insurance was available through the Florida Sheriffs' Association only to
Sheriffs.
Since the transfer back to the Sheriff, Florida law has been amended to
require that the County Commissioners choose a "Chief Correctional
Officer." The law allows a majority of the County Commission to pick
the Sheriff as this officer.
It is necessary for the Board of County Commissioners to adopt an
ordinance appointing a Chief Correctional Officer. The attached
ordinance appoints the Sheriff as the Chief Correctional Officer.
Requested Action: Board adopt attached ordinance.
County Attorney Vitunac explained that this Ordinance is
required by state law in that the Board must choose someone by
ordinance as the chief correctional officer and that the Sheriff
has agreed to act in that capacity.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Ordinance 95-01 Designating the Sheriff as Chief
Correctional Officer, - pursuant to staff's
recommendations.
ORDINANCE NO. 95- Oj
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
DESIGNATING THE SHERIFF AS CHIEF CORRECTIONAL
OFFICER.
WHEREAS, by Section 951.061, Florida Statutes, the Sheriff may be
designated as the Chief Correctional Officer of the County correctional
system by ordinance of the County Commission; and
WHEREAS, the Sheriff of Indian River County has historically
operated the jail system except for a brief period in the 1980s when the
Board of County Commissioners undertook that function; and
JANUARY 24, 1995 25 Boax F�
ORDINANCE NO. 95- 01
WHEREAS, the County Commission believes that this function would
best be performed by the Sheriff's Office;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. DESIGNATION OF SHERIFF
The constitutional office of Sheriff is designated as the Chief
Correctional Officer of the County correctional ,system in Indian River
County.
SECTION 2. EFFECTIVE DATE
This ordinance shall become effective on becoming law.
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida, on this 24 day of January 1995.
This ordinance was advertised in the Vero Beach Press Journal on
the 6 day of January , 1995,—for a public hearing to be held on the
24 day of January—, 1995, at which time it was moved for adoption by
Commissioner Eggert , and the motion was seconded by Commissioner
Bir d , and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 24 day of ; , n „ a r „ , 1995.
Attest:
JK. Barto ` Clerk
BOARD OF COUNTY CO SSIONERS
INDIAN RI COUNTY, RIDA
By
Kenneth cht
Chairman
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
day of February 1995.
w
IQ
d
I v
C
U
G7
E ' c,
.� s
2nd
EFFECTIVE DATE: Acknowledgment for the Department of State received
on this 7thday of February , 1995, at 9:30 a.m./pand filed in
the Office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
JANUARY 24, 1995 26 Banc F�y.�7
ORDINANCE AMENDING CODE OF ETHICS AND CONDUCT.
SECTION 104.06 OF INDIAN RIVER COUNTY CODE
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
' Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter o
4�2�
In the—
he Court, was pub-
lished in said newspaper In the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertlgpj=Ltt for publication in the said newspaper. A
C ���''
pd - bed befit me4 tis ay o iP-19
.,�P.• AU 1,9At
•• - t
R4.
No CC3ft
NJ►�A72
:,,, • LSC,•, oQ,
OF
FLOW. -"o
WBAnA C srRAGV@. NOTAny Punuc.
Cooffw sslwl ,Nuurnher. CC300572
11-64
S
Notanr BARBARA C SPRAGUE ,
(Bus ness Manager)
The Board .04ar of 'moi
RIM Courdy.Pd*Ai.
NorUnetld!idfr,saa0t.e•rTuaq
i
fft kft"pWt
dORxDWNF
9VOIM1 RWER COIAV.
TY, FLOR►DA, AMENDW TCOOS OF
ETMCS aND CONDUCT HE SECTION 104AB ' ^'
HE
OF TWPMRIVER Cot#m cWE
Aryan who wbh-toappeal any dedem which,'
any be nude at ftPdcj NesYg an Jamory u .
1995 w9 need to eratre that a wrbatln rsoad o1-1
ffie F. 51 I dY 94 b meds, which kckW a tesunan ,
aand OWN= WM which the apped b bored.
Anyone who needs a spWW aaooranodahm ton
nibmay OortW" nae Cia,"'S Amerkvm
whh Oba6 Rat (ADA) fbardinetor at 597-goW,
ExL 408, at best 4B,hare �adwrxs of tib meet.;
3. 19%
a'`'`'ir'' k 1169911',
County Attorney Vitunac explained that the Board had voted to
bring this item for revisions after the issue of prohibitions was
raised. Items 1 through 6 will not be altered by the proposed
Ordinance.
Commissioner Eggert expressed her feeling that she still has
some question about attending ballgames outside of the county as
she does not feel there is any local representation involved.
Commissioner Bird stated that he has a special circumstance in
that he had spent 9 years with the Dodgers' organization and is
still very close to many Dodgers' coaches and players. If the team
invited him, he would feel an obligation to attend but would not
want to be in conflict with any ordinance.
JANUARY 24, 1995 27
Commissioner Eggert felt that if one of the commissioners is
invited to attend a game inside the county, this should be done.
However, she did not feel that any of the commissioners need to
appear at a game outside of the county.
Chairman Macht expressed his feeling that he also would not
feel comfortable going outside of the county as the tickets and
transportation would be worth quite a bit of money. What disturbs
him about the question is the nature of the organization in that
the team has never asked anyone in government, city or county, to
do anything that might be misconstrued. He also expressed his
feeling that the Dodgers are one of the finest organizations he has
ever known.
Commissioner Bird suggested an addition of a condition of
prior approval by the Board of County Commissioners on a case-by-
case basis.
Commissioner Adams mentioned that Item 8 sets out units of
county employees when it was her understanding that the offering
should be to all county employees.
Commissioner Tippin expressed his opinion that the Board is
_attempting to legislate morals and ethics which he does not feel
can be regulated. He questioned how others can decide these
ethical questions when the Board is obviously having difficulty
with the definitions.
Commissioner Bird then maintained that the spirit and intent
of the offer must also be considered. He noted that a previous
offering by a local organization of a free golf game for the local
firefighters had been declined by the Board as it was not offered
to all county employees. He felt that was an attempt by the
organization to express appreciation to those particular county
employees who risk their lives for the public good, as well as
being county employees.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Nancy Offutt, Government Affairs Coordinator for the Realtor
Association of Indian River County, felt the State statutes which
address the matter are sufficient. Her group is opposed to a local
ethics ordinance because they feel it is counterproductive. They
feel elected officials have a conscience and public accountability
to keep them on the straight and narrow.
Peter Yurkiewicz of
Fellsmere felt the rules
of ethics by
the
State should be followed
to the letter.
JANUARY 24, 1995
28
m(bK F ,?
M r M
® s �
The Chairman asked if anyone else wished to be heard in this
matter and, there being none, he closed the public hearing.
Commissioner Bird stated that he is in favor of leaving the
ordinance as it is but would be agreeable to adding a case -by -case -
basis condition for Board approval.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, that the Board adopt Ordinance
95-02 Amending the Code of Ethics and Conduct,
Section 104.06 of the Indian River County Code as
amended, pursuant to staff's recommendations.
Under discussion, County Attorney Vitunac was requested to
amend the Ordinance in keeping with the Board's suggestions to
remove the name of any particular organization, and to add a
condition that prior approval must be obtained for events outside
of the county or for events offered solely to units of county
employees.
THE CHAIRMAN CALLED THE QUESTION and
the motion was unanimously approved.
ORDINANCE 95-02
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE .CODE OF ETHICS AND
CONDUCT SECTION 104.06 OF THE INDIAN RIVER
COUNTY CODE.
WHEREAS, The Board of County Commissioners at its regular
meeting of July 19, 1994 adopted a new code of ethics for employees and
commissioners; and
WHEREAS, the Board at time of adoption said it would revisit the
code after experience had been gained as to its effectiveness; and
WHEREAS, experience has shown that certain conduct should not
be prohibited,
JANUARY 24, 1995 29
ORDINANCE 95-02
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
Section 104.06 of the Indian River County Code is amended by the
addition of the following subparagraphs.
b) The prohibitions enumerated in paragraph a) and c) of this
section do not apply in the situations enumerated below:
7) Awards of nominal value, plaques and dinners given by
a civic or business organization to honor individual or groups for
meritorious service, acts of heroism, and similar conduct.
8)
Local outings
offered to
all county employees
or with
prior approval
of the Board
of—County
Commissioners, units of
county
employees.
9) Acceptance
of invitations given
by
organizations as a
ceremonial gesture with
prior approval of
the
Board of County
Commissioners needed for events outside the county.
10) Discounts and other inducements offered by various
theme parks and other entertainment interests for all county or state
employees.
11) Free flu shots offered to all county employees.
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for anv reason held to be unconstitutional.
inoperative, or void, such holding shall not affect the remaining
portions of this
ordinance, and it shall
be construed
to have been the
legislative intent
to pass the ordinance
without such
unconstitutional,
invalid or inoperative part.
JANUARY 24, 1995 30
M M
�00W 9 w461
M
M r
ORDINANCE 95-02
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 24th day of January, 1995.
This ordinance was advertised in the Vero Beach Press -Journal on
the 3rd day of January, 1995, for a public hearing to be held on the
24th day of January, 1995, at which time it was moved for adoption by
Commissioner Eggert, seconded by Commissioner Bird, and adopted by
the following vote:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John B. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 24th day of January, 1995.
Attest:
,Ief K..Bar n, Clerk
BOARD OF COUNTY COMMISSION
INDIAN RI ER COM19 FLORIDA
BY
Chairman
Acknowledgement by the Department of State of the State of Florida,
this 2nd day of February , 1995.
Effective date: Acknowledgement from the Department of State received
on this 7 thday of February, 1995, at 9:30 a. m/p*mxxand filed in
the Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
ADVISORY COIVIlVIITTEE'S RECOAMENDED REVISIONS TO
CHAPTER 304, LIFE SUPPORT SERVICES
The hour of 9:05 a.m. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
JANUARY 24, 1995 31 80 94 pAu -162,
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a •
In the matter o
In the Court, was pub-
lished in said newspaper in the Issues of
Affiant further says that the said Vero Beach Press -Journal Is a newspaper published at
Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for-Ahe purpose of securing this
wkW194 tbovor publication in the said newspaper. /
ribed
a this day o D.19
my COMM
_
• J f ►ea • E
29
( in s Manager)
No Cq0 g
A 72
BARBARA C SPRAGUE. NOTARY PLIBtIC.
.� e��' •i i`¢
+yy goo* • OQ J•'
State of Florida. My Cnmrnr sxrrr I xp Jurre 79. 1997 ,_•��
Con ission.Nundxrr. CC300572
Notary: BARBARA C SPRAGUE
This ofof
011111111
Rim County iar rmssbrfere of Ind an
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7[ r►dbCILled A.M. an
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gH5. to �tltlfNitleQr&Fbrid4a ANF� �edf�UP�RX)Wk A6MM OMTR�d
POOE SOMCEs OF TiE�YpMN RM CaRM
may be nMub at oh4vft who may ft ="",= me reU g " ne m
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I ,Mfi �A�tADAj or gCo�ord�taar
Anninne
1mm10ee0ee0Uri.fggE,xt, at bes� 18 Ilolxa h advance of the
' Jan. i1164M
The Board reviewed a Memorandum of January 16, 1995:
TO: Emergency Services District Board of Commissioners
THROUGH: Jim Chandler, ounty Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: January 16, 1995
SUBJECT: Emergency Services District Advisory Committee's
Recommended Revisions to Chapter 304, Life Support
Services
It is respectfully requested that the information contained herein be
given formal consideration by the Emergency Services District Board
of Commissioners at a Public Hearing prior scheduled for January 24,
1995.
JANUARY 24, 1995 32
Boa 94 iFAn�� X83
W
DESCRIPTION AND CONDITIONS:
As directed by the Board of County Commissioners on November 22,
1994, the Emergency Services District Advisory Committee met on
January 5, 1995, in a workshop meeting to consider revisions to
Chapter 304, Life Support Services. Chapter 304 governs the process
of issuing certificates of public convenience and necessity as well
as oversight of the various entities who provide the various types of
medical ground transport services.
After hearing from current certificate holders, current applicants,
and potential applicants, the workshop meeting resulted in the
Advisory Committee recommending the attached revisions and additions
to Chapter 304. The additions are indicated by underlining and the
deletions are struck through.
At the same November meeting referenced above, the Board of County
Commissioners approved on an emergency basis Ordinance No. 94-33,
which expires after sixty (60) days or January 22, 1995. The purpose
of the temporary ordinance was to provide authorization and
conditions for certain adjacent county ground transport providers to
operate within the county without a certificate of public convenience
and necessity.
The changes to Chapter 304 which was recommended by the Emergency
Services District Advisory Board adds sections on authority and
purpose; classification of types of certificates; provides an initial
application fee; permits certain exemptions; states certain criteria
for staff recommendation to the Board; establishes a complaint
process; details process for rate increases; allows inspections of
transport vehicles; establishes a renewal notice; details certain
types of acts which would place a certificate in jeopardy and
provides for proceedings in that regard; establishes a procedure for
complaints; and provides a penalty for violation of the Chapter.
ALTERNATIVES AND ANALYSIS:
The Emergency Services Advisory Board felt the revisions and
additions to Chapter 304 would enhance and improve the process of
issuance of certificates of public convenience and necessity. It was
also felt the changes would provide for oversight of the various
ground transport providers necessary to maintain a quality level of
service and ensure that the needs of the community and its citizens
are being met.
The alternatives the Board may consider to take in this matter are as
follows:
Alternative No. 1: Consider the Advisory Committee's
recommendation, but make no changes to
Chapter 304, Life Support Services.
Alternative No. 2: Consider the Advisory Committee's
recommendation and approve with certain
modifications as deemed appropriate by the
Board.
Alternative No. 3: Consider the Advisory Committee's
recommendation and approve Chapter 304 as
submitted to the Board.
RECOMMENDATION:
The Emergency Services District Advisory Committee recommendation to
the Board of County Commissioners was to approve the changes and
revisions to Chapter 304, Life Support Services, which would be
consistent with Alternative No. 3.
JANUARY 24, 1995 33'4:
max -
Commissioner Eggert, as Chairman of the Emergency Services
District Advisory Committee, commented that the Committee had a
very good meeting the first week in January, 1995. Representatives
from all the concerned ambulance services and the hospital were
there. There were a lot of good, constructive suggestions. One of
the things discussed was -the need for competition, balancing the
need not to have further incidents such as a recent situation where
two ambulance companies were fighting over a man at the Doctors,
Clinic. The goal to maintain a quality level of service was
unanimously approved by the Committee, and those persons
representing their various services were pleased that their
suggestions had been incorporated in the ordinance being presented
today.
County Attorney Vitunac announced that this item was not
advertised for 15 days as required, but only for 13 days, due to
the fact that the ordinance was not ready early enough for the full
15 -day advertisement. He stated that a four-fifths vote of the
Board is necessary to waive the -notice requirements and for the
Board to hear this ordinance as a valid public emergency item which
was predicated by the expiration of the temporary ordinance,
causing a gap in the ambulance ordinances.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously waived the
publication requirements and agreed to consider the
matter as an emergency public hearing.
Director of Emergency Services Doug Wright gave a brief
explanation of the changes to the ordinance and advised that staff
has recommended Alternative No. 3 in the memorandum, which is also
the Advisory Committees recommendation.
Commissioner Eggert further explained that inspections would
primarily occur if a complaint were filed and that the purpose of
this addition is not to intrude upon nor upset services.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
Commissioner Bird expressed his compliments to the Emergency
Services District Advisory Committee who took a difficult and
controversial issue and worked out some very reasonable solutions.
JANUARY 24, 1995 34 800K 94 165
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board adopted Ordinance 95-
03 Amending Chapter 304, Life Support Services of
the Indian River County Code, pursuant to
recommendations of staff.
ORDINANCE N0. 95-03
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING CHAPTER 304, LIFE SUPPORT SERVICES OF
THE INDIAN RIVER COUNTY CODE.
WHEREAS, the Emergency Services District Advisory Committee, as
directed by the Board of County Commissioners, met on January 5, 1995, in a
workshop meeting to consider revisions to Chapter 304, Life Support Services;
and
WHEREAS, as a result of the information received the Advisory
Committee recommended the revisions which appear in Exhibit "A" to this
ordinance in the form of additions as indicated by underlining and deletions
as strike throughs;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AMENDMENT
Chapter 304 is amended as set forth in Exhibit "A" with additions
being indicated by underlining and deletions as strike throughs.
SECTION 2. EMERGENCY
This ordinance was advertised with only 13 days notice. Action on
this item at this time was necessitated by the fact that the interim
governing ordinance was about to expire, thus leaving EMS without any
regulatory ordinance. Hence, an emergency was found to exist by the
unanimous vote of the Board of County Commissioners.
JANUARY 24, 1995 35 BOOK 94 pgaz M
ORDINANCE NO. 95- 03
SECTION 3. SEVERABILITY
If any section, sentence; clause, or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
J jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall become effective on becoming law.
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida, on this 24 day of January , 199s.
This ordinance was advertised in the Vero Beach Press Journal on
the 13 day of January , 1995, for a public hearing to be held on the
24 day of January 1995, at which time it was moved for adoption by
Commissioner Eggert , and the motion was seconded by Commissioner
T i p p i n , and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 24 day of January , 1995.
BOARD OF COUNTY COMMISCS
INDIAN RIVER COUNTY, Fn
Attest:
1 By /Z— _..
.
Kenneth RMacht
K. Ba n, Cle k Chairman
d
Attachment: Exhibit "A" - Ch. 34, Life Support Services
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
day of February , 1995.
EFFECTIVE DATE: Acknowledgment for the Department of State received
on this 7thday of February , 1995, at 9:30 a.m./px%,and filed in
the Office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
JANUARY 24, 1995 36
Borax 94 P,,G 67
ORDINANCE NO. 9s- 0 3
LIFE SUPPORT SERVICES
CHAPTER 304. LIFE SUPPORT SERVICES
Sec. 304.01.
Title.
Sec. 304.02.
Authority and Putnose.
Sec. 304.033.
Definitions.
Sec. 304.04
Classification of Certificates
Sec. 304.035
Application -Information and fee required.
Sec. 304.06.
Exemptions
Sec. 304.047.
Same -Investigation: staff recommendation.
Sec. 304.058.
Contents of certificate.
Sec. 304.09_
Inspections.
Sec. 304.0610.
Expiration and transferability.
Sec. 304.Pl1.
Renewal.
Sec. 304.0912.
Revocation, alteration or suspension.
Sec. 304.13.
Penalties.
Section 304.01. Title.
This chapter nay will be known as the certificate of
public convenience and necessity standard ordinance.
Section 304.02. Authority and Purpose.
This ordinance is promulgated pursuant to Chanter
401, Florida Statutes. The purpose of this ordinance is to
promote the health, safety, and welfare of residents of Indian
River County in need of emergency medical services by
establishing standards for issuing certificates of public
convenience and necessity for Emergency Medical Transport
Services, Advanced Life Support Services, and Basic Life
Support Services: by providing for the adoption of regulations
governing the operation of Emergency Medical Transport
Services, Advanced Life Support Services, and Non -
Emergency Medical/Interfacility Transport Services.
The Board mecificaliv intends that the Indian River
County Department of Emergency Services shall be
responsible for providing emergency are -hospital ALS and
BLS services within the County, with the exception of the
Town of Indian River Shores, and that the role of private ALS
and BLS services shall be to provide, on request,
interfacility/interhospital non -emergency transportation.
Section 304.02.3. Definitions.
The following words shall have the definitions as
follows:
Supp. No. 1
JANUARY 24, 1995
CONgr4ild d"R•^^• Service area means the geographical
area listed on a service provider's certificate of public
convenience and necessity.
EMS director means the director of emergency
services of Indian River County, Florida charged with
responsibility and authority to supervise. direct, and administer
the EMS, ALS and BLS system on a county -wide basis to
effectuate delivery of-prWespiml e-tn;pty -isal EMS
services. If a situation exists which poses a serious or
imminent threat to the health, safety, welfare, or public need
and convenience, the EMS director shall have such temporary
emergency powers as are necessary to remedy the situation.
Medical director means the licensed physician
contracted pursuant to section 401.025, Florida Statutes, to
give medical direction to and establish medical protocols for
emergency medical services personnel including paramedics
and emergency medical technicians.
Emergency service providers means basic and
advanced life support services operators holding a valid
certificate of public convenienceand necessity issued by Indian
River County.
Ambulance means any private or publicly owned land
or water vehicle that is designed, constructed, reconstructed,
maintained, equipped or operated, and is used for, or intended
—to be used for responding to emergency, non -emergency, or
interfacility medical calls.
304/1
37
Medical Call means any request for medical
assistance or transportation which does not require the
immediate or prompt dispatch of an ambulance or advanced
life support services vehicle, or any situation which does not
require the immediate or prompt provision of medical
assistance or transportation.
Patient means any person who is in need of, or may
need, medical assistance or transportation.
Inspection means the routine or Periodic examination
and audit of the records. Personnel, vehicles, and staffing, of
the certificate holder.
Nail-emergencyllitterfacility Transfer means the
ambulance transportation of a patient between two facilities
licensed under Chapter 395, Florida Statutes.
BOOK 94 pv 168
§304.04
ORDINANCE 95-03
INDIAN RIVER COUNTY CODE
Nott-emer.eencyMedical Tratrsvortation Servicemeans
any privately or publicly owned service intended to be used or
ALS or BLS interfacility transfer, or facility to home, or
home to facility. It does not include patients who have
accessed the 911 emergency response system to summon the
emergency medical services provider.
Emergency Medical Services means the transportation
and emergency treatment of persons who are in need of
emergency medical attention upon any street or upon the
waterways of the county under either basic life support (BLS)
license or advanced life support (ALS) license issued pursuant
to or applied for pursuant to §401.25. Florida Statutes.
Inter -Hospital Tratrsfer means the transportation of a
patient requiring an ambulance with Basic Life Support or
Advanced Life Support level of medical assistance between
two facilities licensed under Chapter 401, Florida Statutes.
Transfer means the transportation of a patient by
ground ambulance as a result of a request for response to a
medical call.
Advanced We Support means treatment of life
threatening medical emergencies through the use of techniques
such as endotracheal intubation, the adnunistration of drugs
intravenous fluids, telemetry, cardiac monitoring and cardiac
defibrillation by a paramedic as defined in Rule IOD -66
Florida Administrative Code.
Advanced Life Support Vehicle means any ambulance
or emergency medical services vehicle which provides
advanced life support.
Certificate holder means any person or persons named
as owner, officer, director, or shareholder on the application
for certificate of public convenience and necessity.
Deficiency Correction Notice means a notice issued by
the EMS director or his designee nodfying a certificate holder
of any infraction with the infraction specified and a specified
time period allowed for correction.
Section 304.04. Classification of Certificates
There shall be four (4) categories of certificates of
Public convenience and necessity in Indian River County.
1. Certificates of public convenience and
Supp. No. I
JANUARY 24, 1995
M
necessity for -governmental entities that use advanced life
support vehicles to conduct a are -hospital EMS advanced life
support or basic life support service, titled Class A.
2 Certificates of public convenience and
necessity for businesses, a-gencies and hospitals that use
ambulances to conduct a non -emergency interfacility medical
transport or transfer service at the ALS or BLS level. titled
Class B.
3. Certificates of public convenience and
necessity for businesses, agencies, hospitals, and governmental
entities who use ambulances to conduct non -emergency
interfacility medical transport or transfer services requiring on-
board clinical capabilities which may exceed those of a
conventionally equipped and staffed advanced life support
ambulance and which originate in the county, under a
physician's order, titled Class C.
4. Certificates of public convenience and
necessity for businesses and agencies that use ambulances
based outside the county to provide specific non -emergency
medical services as identified on the certificate and limited to
transports out of the county, titled Class D.
Section 304.0.3 05. Application -Information and fee
required.
No person, firm, corporation, or partnership shall
gate any of the services as described in Section 4 unless a
certificate of public convenience and necessity is first obtained
from the Board. Each application for a certificate of public
convenience and necessity shall be accompanied by a non-
refundable filing fee in the amount of One Hundred Dollars
($100.00) to be paid to Indian River County. Florida, at the
same time said application is filed or submitted with the
County to cover costs and expenses incurred on behalf of the
County in the processing of said application. No filing fee is
required for a renewal application or a volunteer service who
do not charge a fee for the service. Any applicant for an
initial certificate of public convenience and necessity from the
county shall apply to the board in writing and complete a form
provided by the board containing the following information:
The name and address of the applicant; the
business name of the partnership and the
name and address of each partner; the names
and residences of all officers, directors, and
stockholders if the applicant is a corporation;
304/2
38 Bou 94 FAui:169
M M
ORDINANCE 95-03
§ 304.04 INDIAN RIVER COUNTY CODE
2. The district service area which the applicant recommendation and any input from other service providers,
desires to serve; municipalities, or interested groups or citizens and may grant
or deny the requested certificate of public convenience and
3. The location and description of the place or necessity. In making his recommendation. the EMS director
places from which the applicant will operate: shall consider the following factors:
4. The source of funds which will enable the W The population density and composition of
applicant to continence operation, and a the likely areas within which the proposed ALS BLS or
schedule of any rates which the applicant nonemergency medical transport service will operate
intends to charge;
The need of the people in the area for ALS
5. The names and addresses of at least three BLS, or non-emergencv medical transport service.
(3) local references;
Lc I A comparison of estimated annual requests
6. The need for the proposed service in the for service in the particular certificate category with the
requested service area. current number of vehicles satisfying requests.
67. Such other reasonable information as may be (M Such other factors as may be considered
required by EMS director. important by the EMS Director.
Section 304.06. Exemptions Section 304.05 8. Contents of certificate.
A vehicle rendering services as an ambulance in the Any certificate issued under this division shall require
event of a major catastrophe or emergency when ambulances the service provider and all employees, including paramedics
with permits based in the locality of the catastrophe or and emergency medical technicians, to comply with the
emergency as defined in the Statewide Mutual Aid Agreement following:
are incapacitated or insufficient in number to render the
services needed and any ambulance owned and operated by the 1. Agree to respond only to emergency prehospital calls
federal government are exempt from the provisions of this in the sa#itod-district service area and, when units
Ordinance. are available, to provide response to other districts
service areas in the county when requested to do so
Section 304.94 7. Same -Investigation; staff by the other providers or by the EMS director. JQM
recommendation. A only)
After an application has been received by the county,
2. Post a copy of standard operating procedures which
the EMS director shall cause an investigation to be made into
the service provider will use to give general specific
the application, including a determination of the public need
instructions to its personnel concerning the nature of
for the proposed service in.the geographical area requested.
their duties and responsibilities. These procedures
must be reviewed by the EMS director prior to the
The EMS director shall contact the medical director,
effective date of the certificate.
all other service providers in the county, and any municipality
in which the applicant desires to provide service. Within sixty
3. Comply with all lawful directive of the EMS director
(60) days from receipt of the completed application, the EMS
and medical director, including any medical protocols
director shall schedule a public hearing before the board of
and training directives not preempted by the state.
county commissioners with notice to all other service
providers in the requested service distdot area, any
4. Provide continuous and uninterrupted service within
municipality in the requested service district area and to the
the rzanUied-district; service area. be in sewicoa�td
general public by publication in the local newspaper with at
,
least one week's notice. At the public hearing the board of
,
county commissioners shall consider the EMS director's
Supp. No. 1 304/3
JANUARY 24, 1995 39 Ba®P( U4 PAi;F 170
ORDINANCE 95-03
§ 304.04 INDIAN RIVER COUNTY CODE
Supp. No. 1 304/4
JANUARY 24, 1995 40 booK 94 �wu-171
a. cox,,..:,... ,. ,.: Tam n.., .,.,,e.•.
law.
Section 304.09. Inspections.
G. Vefe exec• Ten (10)
The EMS Director, or his designee, shall inspect each
GBOUNly FUM, .,,.o.,.,. (20) F ffiate-s.
service prior to, and as a continuing part of, the certificate
d. c u9..,a.4 ,..A,.: ro., m ,,,:.,..WS,
process. This inspection shall determine the continuing
compliance of this Ordinance and State Law and Rules and
TUFApike area, «•• (59) minutes
Regulations by the certificate holder as a condition of
certificate issuance.
5.
Maintain the number of vehicles noted on
tbg-canifisatg which shall be the number
Inspections shall be conducted periodically and may
determined by the EMS director and the
be conducted with or without notice to the certificate holder at
medical director considering the population
reasonable times and whenever such inspection is deemed
and geographical distance of the ranifled
necessary by the EMS Director. Inspections shall be
disoir.t, service area, but in any event shall
conducted without impeding patient care.
not be less than one fully staffed operating
vehicle. -per --station.
If, during the coarse of an inspection, a situation is
found which, in the determination of the EMS Director, will
6.
Ensure that its vehicles are driven in a safe
jeopardize the safety or welfare of the service personnel or
and lawful manner at all times.
patient care, the EMS Director may exercise the powers
necessary to ensure the certificateholder's compliance with the
7.
Use its lights and sirens only for properly
ordinance.
authorized @w;gr;ns3r events and in
compliance with state law and local law
Section 304.06 10. Expiration and transferability.
enforcement policy.
A certificate shall be valid for a period not to exceed
8.
Keep posted at all business locations a copy
two (2) years and shall not be transferable without the prior
of a the certificate including the approved
written consent of the county. The certificate holder shall
rate schedules_
immediately notify the county of any changes of ownership or
The certificate holder
control.
may adiust the rate schedule up to ten
percent (10%) a year without Board
Section 304.09 11. Renewal.
approval, however the adiusted rate must be
maintained for one year and the EMS
The certificates may be renewed routinely by the
Director must be notified in writing of the
board on application by the certificate holder. However if the
rate change. Rate increases in excess of ten
board has reason to believe that the public health, safety, and
percent (10%) must be reviewed and
welfare requires it, a public hearing may be ordered by the
approved by the Board of County
board to consider not renewing any certificate. Before any
Commissioners with the approved rate being
such action can occur. the board must first comply with the
maintained for one year by the certificate
notice and hearing provisions of section 304.08.
holder.
Application for renewal of existing certificates of
9.
Operate in compliance with all federal, state
public convenience and necessity shall be made by written
and local laws, rules, and regulations.
request to the EMS Director. This request shall be filed no
more than ninety (90) days prior to the expiration date of the
10.
Provide copies of vehicle run sheets and
provider certificate of public convenience and necessity.
radio logs to the EMS director upon request,
to the extent permitted by the public records
Supp. No. 1 304/4
JANUARY 24, 1995 40 booK 94 �wu-171
ORDINANCE 95-03
304.04 INDIAN RIVER COUNTY CODE
Section 304.40 12. Revocation, alteration or suspension
1. Generally. Every certificate issued underthis
division shall be subject to revocation, alteration or suspension
by the board where it shall appear that the certificate holder
has not complied with the requirements of the certificate and
the public interest so required.
It shall be a violation of this ordinance, for any
person, business entity. hospital, or Povernmental agency to:
A. intentionally obstruct, bar or otherwise
interfere with an inspection conducted under the purview of
this Ordinance:
B. knowingly make an onussion of a material
fact or a false statement in any application or other document
filed with the EMS Director:
C. knowingly, by telephone or otherwise, cause
to be placed or place a false emergency medical call,•
D. knowingly violate or fail to observe any
requirement of this ordinance, or any rule regulation or order
under the provision of this ordinance:
E, represent herself, himself, or itself as an
emergency medical transport service, an advanced life support
service, or a special limited service or engage in the business
of conducting an emergency medical transport service an
advanced life support service or a special limited service
without first obtaining an appropriate certificate of public
convenience and necessity from the Board as provided herein
and obtaining the necessary State of Florida licenses as
applicable: or
F. operate an ambulance or emergency medical
services vehicle that does not meet the requirements of this
Ordinance and Chapter 401, Florida Statutes
A separate and distinct offense shall be deemed to
occur each day a prohibited act occurs
2. Complaint Procedure
Complaints about a certificate holder will be in
writing and shall be reviewed for sufficiencv by the EMS
Director. Should the review substantially verify that a
violation of this Ordinance or State law has incurred the
Supp. No. l 304/5
m
EMS Director may conduct an investigation The EMS
Director shall be Provided access to the certificate holder's
business. Personnel, and documents to assist in said
investigation. The EMS Director shall forward a copy of the
investigation and enforcement action taken to the State EMS
Office.
23. Proceedings. Proceedings for revocation,
alteration, or suspension of a certificate shall be undertaken by
the board at a public hearing with notice to all certificate
holders and after publication of notice not less than one week
before the hearing date., where it is found that
A. the certificate holder has failed or neglected
to abide by this Ordinance or the Rules and Regulation
promulgated by the Board or Chapter 401 Florida Statutes-,
or
B. the aPPlication submitted to secure a
certificate of public convenience and necessity from the Board
of County Conunissioners contains false representation or
omitted material facts: or
C. the certificate holder, or its agent has
demanded money or other compensation in excess of that
established in its schedule of fees filed with the Board pursuant
to this Ordinance: or
D. the certificate holder has failed to comply
_with a correction order issued under Section 12 of this
Ordinance: or
E. the certificate holder has been adjudicated
guilty of a felony provided his/her civil rights have not been
restored: or
F. the certificate holder has been found by -a
court of competent iurisdiction guilty of any criminal offense
involving moral turpitude, or
G. the certificate holder has been found guilty
of malpractice or negligence in the operation of its service,• or
H. the certificate holder has had their/its state
license revoked or suspended.
JANUARY 24, 1995 41 BOOK pg E I"
§ 304.04
Section 304.44 13 Penalties
ORDINANCE 95-03
INDIAN RIVER COUNTY CODE
A violation of any provision of this Ordinance shall
be deemed a misdemeanor and upon conviction the violator
shall be subject to a fine not to exceed Five Hundred
($500.00) Dollars and/or imprisonment in the County Jail for
not more than sixty. (60) days or both such fine and
imprisonment.
Supp. No. 1 304/6
INTERIM SERVICES FEE ADVISORY COMIVIITTEE
The Board reviewed a Memorandum of January 17, 1995:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP/%il<
Community Development -Director
DATE: January 17, 1995
SUBJECT: INTERIM SERVICES FEE ADVISORY
It is requested that the information
formal consideration by the Board of
regular meeting ofJanuary 24, 1995.
DESCRIPTION & CONDITIONS:
presented herein be given
County Commissioners at its
Last year, the Board of County Commissioners established the
Interim Services Fee Advisory Committee and charged that committee
with assessing the feasibility of the county establishing an
interim services fee. Recently, that committee completed its work
and adopted its final report.
As indicated in the attached committee report, the committee
studied the interim services fee issue, assessed the costs and
benefits of adopting such a fee, and then unanimously agreed to
recommend that the Board of County Commissioners not impose an
interim service fee. In its final action, the committee
recommended that the Board disband the Interim Services Fee
Advisory Committee.
RECOMMENDATION:
The Interim Services Fee Advisory Committee recommends that the
Board of County Commissioners accept the final committee report,
decline to establish an interim services fee, and disband the
committee.
JANUARY 24, 1995 42 BOOK 94 FAQ;`:173
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously accepted
the Interim Services Fee Advisory Committee Final
Report; declined to establish an interim services
fee; and disbanded the Interim Services Fee Advisory
Committee, pursuant to staff's recommendations.
REQUEST FOR AUTHORIZATION TO SUBMIT COMPREHENSIVE
PLAN AMENDMENT REQUEST
The Board reviewed a Memorandum of January 17, 1995:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP AMK
Community Development Director
DATE: January 17, 1995
RE: REQUEST FOR AUTHORIZATION TO SUBMIT COMPREHENSIVE PLAN
AMENDMENT REQUEST
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at its
regular meeting of January 24, 1995.
DESCRIPTION AND CONDITIONS
According to Chamber of Commerce and Council of 100
representatives, a major impediment to attracting industry to the
county is the lack of building sites in an attractive, controlled
industrial park. For that reason, the county's Overall Economic
Development Plan (OEDP) addresses the industrial park issue.
Policy 2.2 of the OEDP reads as follows:
POLICY 2.2: The county will, by 1995, initiate development of
an industrial park which will provide platted lots served by
adequate infrastructure. This will be a co -development effort
between the county and an industrial park developer.
For the past year, planning staff have been working with the
Chamber of Commerce and Council of 100 to implement OEDP policy 2.2
and establish an industrial park in the county. This effort has
involved identifying landowners who have appropriately situated
property and offering county and Chamber assistance in developing
an industrial park.
6008 9ma 1�
JANUARY 24, 1995 43
r 1
Despite attempts to find a landowner with both sufficient property
in one of the large nodes adjacent to the interstate and interest
in developing an industrial park, that effort has been
unsuccessful. The Council of 100's Industrial Park subcommittee,
however, has identified a landowner with property adjacent to the
I-95/S.R. 60 commercial/industrial node and within the urban
service area. Although the referenced property is currently
designated M-1, Medium -Density Residential, on the county's future
land use map, the property owner is interested in developing the
land for an industrial park.
Because of the county comprehensive plan's significant
overallocation of commercial/industrial land, property located
outside of a commercial/industrial node would generally be
considered unsuitable for development of an industrial park. It
is, however, possible to expand a node to include property adjacent
to the node, if an amount of land equal to that being added to the
node is removed from a node. In that way, there will be no overall
increase in the amount of commercial/industrial designated land in
the county..
Recent events provide an opportunity to remove 36.21 acres from the
Oslo Road/74th Avenue node. By reducing the size of that node, a
comparable -amount of acreage would be available to expand the I-
95/S.R. 60 node to accommodate the proposed industrial park
property.
The Oslo Road/74th Avenue node property that could be removed from
the node is the Streetman property that was recently acquired by
the county. That property is depicted on the attached map.
Because that land was purchased for expansion of the landfill, the
Streetman property, like the remainder of the landfill property,
should be redesignated public on the county's future land use map.
As such, the property would then be removed from the node. With
this reduction in the size of the Oslo Road/74th Avenue node, the
opportunity would then exist to expand the I-95/S.R. 60 node by a
comparable amount.
To initiate this process, the Board of County Commissioners, as the
owner of the Streetman property, must authorize staff to submit a
comprehensive plan amendment for the subject property. As part of
the amendment to redesignate the county property, the Board may
also authorize staff to include redesignation of the proposed
industrial park property. In doing so, the Board would ensure that
the property owner of the industrial park property would not incur
any comprehensive plan amendment review fee costs.
ANALYSIS
For the county to meet its economic development objectives, it is
necessary to establish an industrial park in the county. While
OEDP policy 2.2 commits the county to work with a developer to
establish an industrial park, there are limited, low cost actions
which county government can take to get a park built. With recent
utility line extensions, the county has provided necessary
infrastructure to accommodate industrial development. Now the
opportunity exists for the county to make land use plan changes to
assist a landowner in developing an industrial park.
JANUARY 24, 1995 44
Bou 94 P,�,UJ75
In redesignating the recently acquired Streetman property from
commercial/industrial to public on the future land use plan map,
the county would be designating the Streetman tract similar to the
entire landfill site. With a public designation, the property
could be used for any landfill related purpose. Not only could the
property be used for borrow pits or stormwater tracts associated
with the landfill, but the.public designation would also allow the
property to be used for recycling or resource recovery uses
conducted either by the county or by private sector lessees.
By redesignating the 36.21 acre Streetman property to the public
use category on the county's future land use plan map, the county
can designate 36.21 acres of the proposed industrial park property
from residential to commercial/ industrial. Although 36.21 acres is
significantly less than the proposed size for an industrial park,
the 36+ acres would provide an adequate first phase. In the
future, it is anticipated that additional property under the same
ownership will be redesignated commercial/ industrial to accommodate
future phases of the proposed industrial park.
In analyzing the proposed redesignation, planning staff consulted
with utility department staff. The utility staff indicated that
they would not oppose the redesignation, provided that landfill and
related uses can occur under the public land use designation.
Planning staff have verified that such uses can occur. In
addition, planning staff have contacted the State Department of
Community Affairs which has informally indicated that it would not
contest the proposed land use plan changes, since the county will
not be increasing the total amount of commercial/ industrial land in
the county. —
If authorized by the Board, planning staff will initiate a
comprehensive plan amendment request for both the Streetman
property and the industrial park tract during the January amendment
submittal window. As with all plan amendments, this request will
be analyzed by staff, considered by the Planning and Zoning
Commission.and the Board of County Commissioners, reviewed by the
State Department of Community Affairs, and acted upon by the Board
of County Commissioners.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to submit a comprehensive plan amendment request to
redesignate the recently purchased Streetman tract from Commercial/
Industrial to Public and to redesignate the referenced industrial
park property from residential to commercial/ industrial. Staff
also recommends that the county incur all costs associated with the
referenced amendment request.
JANUARY 24, 1995
45
BOOK 94 P,1G1,176
Community Development Director Robert Keating gave a brief
overview of staff's attempt to implement one of the County's
overall economic development plans to establish an industrial park
in conjunction with the Chamber of Commerce and the Council of 100.
An appropriate property was located which was, unfortunately,
outside the commercial industrial node, although it was contiguous.
Planning staff advised the Council of 100 that the County has an
overallocation of commercial industrial property and, in order to
expand one of the nodes, we have to remove commercial industrial
land from another node in order to avoid any net increase. The
Solid Waste Disposal District recently purchased a property which
could be redesignated known as the "Streetman" property, which was
purchased for landfill expansion. This property can be
redesignated from commercial industrial, removed from the node and
redesignated "public", which will free up a little over 36 acres,
at which time the Board would have the opportunity to consider a
Comp Plan amendment to expand the State Road 60/I-95 commercial
industrial node for a comparable amount of property which would
accommodate at least the beginnings of development of an industrial
.park. Director Keating also stated that the primary reason for
staff's recommendation of this procedure is that this is one of the
best, least -costly ways for the Board to comply with the Economic
Development Policy and to reach the goal of an industrial park for
the County.
Chairman Macht questioned the safeguards for the public in
giving up something to be transferred to private ownership.
Director Keating responded that the County would be giving up
something it does not need as it could accomplish the desired
purposes with either designation. He reiterated that this area is
the appropriate one for exchange for this node but agreed that some
safeguard language possibly should be included.
Chairman Macht questioned the guaranties that the private
owner would not turn the property into something not in the general
public's interest and Director Keating responded that the
Comprehensive Plan contains requirements that once the property has
been redesignated, the owner only has two years in which to
implement the plan appropriate to the redesignation. In the event
the redesignated plan was not accomplished in the 2 -year period, or
if the plan were changed, a new plan would need to be presented to
the Board for approval and another redesignation of the property.
JANUARY 24, 1995 46 BOOK 94 pmx 177
M - M r
Chairman Macht then expressed his feeling that a well-
developed industrial park is a necessity for job opportunity and
growth in the County.
Commissioner Adams inquired as to what plans have been made in
the northern part of the county and Commissioner Eggert responded
that several parcels have been considered but there has been no
real interest shown by any of the property owners to date.
Chairman Macht felt that a CR -512 industrial node will become
the premier industrial/commercial location if a regional aircraft
passenger service comes in.
Director Keating advised that the industries and businesses
moving into the county at this point in time indicate that the
State Road 60/I-95 node is the best option right now, at least
until there is more development in the North County.
Commissioner Bird questioned whether it would make any sense
to redesignate the rest of the land in the landfill, in essence to
landbank it in case it were needed in 5 to 10 years. Director
Keating responded that all of the landfill is currently under
public designation and this is just additional land.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously
authorized staff to submit a Comprehensive Plan
amendment request to redesignate the recently
purchased Streetman tract from
"Commercial/Industrial" to "Public" and to
redesignate the referenced industrial park property
from "Residential" to "Commercial/Industrial";
agreed that the County shall incur all costs
associated with the amendment request; and requested
that staff add additional "safeguard" language to
ensure the appropriate use of the property within
the time limit designated by the Comprehensive Plan;
as recommended by staff.
PROFESSIONAL ENGINEERING ARCHITECTURAL SERVICES FOR
BLUE CYPRESS LAKE RESTROOM BUILDINGS
The Board reviewed a Memorandum of January 16, 1995:
JANUARY 24, 1995 47
boa 94 PnUF 178
TO: James E. Chandler,
County Administrator -
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Professional Engineerin Architectural Services for
Blue Cypress Lake Restroom Buildings
DATE: January 16, 1995 FILE: BLCYPRR.AGN
DESCRIPTION AND CONDITIONS
Due to the completion of the Blue Cypress Lake Wastewater Treatment Plant, the County staff
recommended that it would be more cost effective to construct a new restroom building at the
park near the bait store rather than connect the existing restroom building to the lift station.
Funding for the project will come from Florida Boating Improvement Program funds.
To implement design, staff has advertised for professional architectural and engineering services.
Three firms responded as follows:
Angelo Francis Corva & Assoc. Architects - Melbourne, FL
Edlund & Dritenbas Architects - Vero Beach, FL
W.K. McCully & Assoc. - Vero Beach, FL
ALTERNATIVES AND ANALYSIS
A selection committee consisting of Jim Davis, Public Works Director, Terry Thompson, Capital
Project Manager, and Jim Romanek, Parks Supt. reviewed the submittals from the three firms
and have ranked them as follows:
1) Edlund & Dritenbas
2) W.K. McCully & Assoc.
3) Angelo Francis Corva Assoc.
RECOMMENDATIONS AND FUNDING
Staff recommends approval of the above prioritized short list and requests authorization to begin
contract negotiation with the No. 1 ranked firm, Edlund and Dritenbas Architects. Once an
agreeable contract is prepared, staff will present it to the Board for approval.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the prioritized short list and authorized staff to
begin contract negotiations with Edlund and
Dritenbas Architects; as recommended by staff.
JANUARY 24, 1995 48
BOOK 94
0
AMENDMENTS TO I.R. SOCCER ASSOCIATION LEASE AND I.R.
ARCHERS LICENSE AGREEMENT TO REVISE LEGAL
DESCRIPTIONS
The Board reviewed a Memorandum of January 16, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
�l
SUBJECT: Amendments to Indian River Soccer Association
Lease and Indian River Archers License
Agreement to Revise Legal Descriptions
DATE: January 16, 1995 FILE: LEASE.AGN
DESCRIPTION AND CONDITIONS
To better define the affected areas of the above subject
agreements, the County staff, and both the Soccer Association and
Archer Club, have agreed to redefine the lease and license areas.
The change to the Soccer Association shifts the lease area
northerly and the change to the Archer Club shifts the license area
southerly. This change will result in less clearing and more
buffer between the two activities.
RECOrNINDATIONS AND FUNDING
Staff recommends that the Board approve the two amendments as
presented.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Tippin, that the Board approve the
Amendment to Lease with Indian River Soccer
Association and Amendment to License with Indian
River Archers, Inc.; as recommended by staff.
Under discussion, Commissioner Adams questioned whether there
would be a conflict with the archery group and Public Works
Director James Davis responded that the only change is the east to
west 400 foot x 729 foot section which has shifted 100 feet to the
north. The archery section of 332 feet x 929 feet has shifted a
little bit southerly. This shift does not affect the fairgrounds
master plan. We have just shifted one piece north and another one
south.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
AMENDMENT TO LEASE AND TO LICENSE ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
JANUARY 24, 1995 49 BOOK 9 P,�GF.18 0
PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR CR 507
IN FELLSMERE/POST, BUCKLEY, SCHUH & JERNIGAN. INC.
Deferred.
RATE RESOLUTION TO: (A) ESTABLISH A RATE EQUALIZATION
CHARGE; (B) LINE EXTENSION FEES ADJUSTMENT
The Board reviewed a Memorandum of January 16, 1995:
DATE: January 16, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAT
,:L
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED
AND STAFFED
BY: HARRY E. ASHER
ASSISTANT DIRECTIR OF UTILITY SERVICES
SUBJECT: RATE RESOLUTION TO (a) ESTABLISH A RATE
EQUALIZATION CHARGE (b) LINE EXTENSION FEES
ADJUSTMENT
BACKGROUND:
The Department of Utility Services, in a continuing effort to
ensure equal treatment of its customer base, has reviewed the
current Rate Resolution and proposes amendments as they relate
to the following items: (a) Establish a Rate Equalization
Charge (b) Line Extension Fee Adjustment
ANALYSIS:
The Department proposes the attached ammendment to the current
Rate Resolution 91-9 as follows:
(a) Establish a Rate Equalization Charge of 6% to be
charged to all non -County customers. This charge will
ensure that all non -County customers will be paying the
same as current County customers.
(b) Line Extension Fee Adjustment - The Line Extension Fee
is charged to recover line extension costs in areas
that have not been assessed. The current Line
Extension Fees (Water - $6.51 per linear front foot -
Sewer - $15.77 per linear front foot) were approved on
August 17, 1993 (Copy of minutes attached). The rates
adopted at that time were taken from the existing GDU
rate schedule during the GDU acquisition. The
Department has analyzed the current cost for
installation of water line extensions based on two of
its most recent bids for'Phase V. The results indicate
an increase in costs (copy of analysis attached) and a
need to adjust the Water Line Extension Fee from $6.51
to $11.25 per linear front foot. The Department
proposes no change to the Sewer Line Extension Fee at
this time.
JANUARY 24, 1995
50 BOOK
RECOIr MMIDATION:
The staff of the Department of Utility Services -recommends
adoption of the attached Resolution which sets forth the above
described changes and additions amending Resolution 91-31, which
adopted rates, fees, and charges for the Department of Utility
Services pursuant to the authority of Ordinance 91-9, etc.
Director of Utility Services Terry Pinto explained that the
adjustment was brought about by the County servicing properties
outside the unincorporated area, such as the Town of Orchid where
the total cost is less for utilities than County residents pay.
This proposed resolution adds in a rate equalization rate of 6%,
the same amount that is charged to County customers. This would
result in the incorporated areas paying the same total charges as
County residents.
Commissioner Bird asked for further clarification, and
Director Pinto responded that the County residents pay their
charges plus a 6% franchise fee. However, the County is unable to
charge the incorporated areas a franchise fee. Also, in the case
where the County initiates a line extension without an assessment,
for example a line for looping, the County is unable to recover the
cost of the installation and the benefit to the resident is now
more than the County can recover. Staff recommends that both
sections be approved in order to put everyone on an equal basis.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the 'Board unanimously adopted
Resolution 95-16, Amending Resolution No. 91-31,
which adopted rates, fees, and charges for the
Department of Utility Services pursuant to the
authority of Ordinance No. 91-9, by adopting a new
rats for line extension charges for water lines and
a new rate equalization charge of 6% for non -
unincorporated area customers, as recommended by
staff.
RESOLUTION NO. 95-__L6
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION
NO. 91-31, WHICH ADOPTED RATES, FEES, AND CHARGES
FOR THE DEPARTMENT OF UTILITY SERVICES PURSUANT TO
THE AUTHORITY OF ORDINANCE N0. 91-9, BY ADOPTING A
NEW RATE FOR LINE EXTENSION CHARGES FOR WATER LINES
AND A NEW RATE EQUALIZATION CHARGE OF 6% FOR
NON -UNINCORPORATED AREA CUSTOMERS.
WHEREAS, it is necessary that the Indian River County Department of
Utility Services enact a revised rate for line extension charges to recover
JANUARY 24, 1995 51
�ODK 182
RESOLUTION 95-16
the line extension costs association with water lines that have not been
assessed and which are available for service; and
WHEREAS, the Department also has recommended that an item be added to
the Schedule of Water and Sewer Rates, Fees, and Charges to be called the
"Rate Equalization Charge," which shall be for non -unincorporated area
customers and which will be set at a 6% charge.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. The Schedule of Line Extension Charges for the recovery of line exten-
sion costs associated with water lines that have been installed but
which have not been assessed and which are available for service,
attached to this resolution as Exhibit "A," is adopted as an additional
rate to be added to the rates already adopted by Resolution No. 91-31.
2. The Schedule of Water and Sewer Rates, Fees, and Charges adopted for use
by the Department of Utility Services by Resolution No. 91-31 is amended
by adding the language and charges shown on Exhibit "A" attached to this
resolution relating to creating a new charge to be called a "Rate
Equalization Charge."
3. These changes shall go into effect on adoption of this resolution.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Eggert , and, upon being put to a
vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 2 4 day of January , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN IVER CO FLORIDA
Attest:
By
Li
^� Kenneth R. Macht
Je.f BfLrtor& Clerk Chairman
JANUARY 24, 1995 52
01=1 7M M -
Boa 94 P,1uc 183
RESOLUTION 95-16 -
Exhibit A
Schedule of Line Extension Charges:
Water Main Extension
Per Foot measured along front of property served. $11.25
Sewer Main Extension
Per Foot measured along front of property served. $15.77
Rate Equalization Charge
Equalization charge to be added to total amount of water and sewer
charges 6%
MID -FLORIDA ELEVATED STORAGE TANK REMOVAL
The Board reviewed a Memorandum of January 16, 1995:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
JANUARY 16, 1995
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
,,�D
TERRANCE G. PINTO
DIRECTOR OF UTILI�() SERVICES
TERRY
H. DRUM
G.I.S. COORDINATOR - G.I.S./ MAPPING DIVISION
DEPARTMENT OF UTILITY SERVICES
MID -FLORIDA ELEVATED STORAGE TANK REMOVAL
In July, 1994, three elevated storage tank companies were contacted
to obtain quotes for the removal of the 150,000 gallon elevated
water tower located to the west of Velde Ford. The water tower is
also known as the "Mid -Florida" elevated storage tank. Only one
firm responded. After agreeing to the bonding requirements set
forth by Indian River County, a quote was received in letter form
dated December 13, 1994. (See attached)
JANUARY 24, 1995 53 booK 94 Finar.8
ANALYSIS
A confirmation letter dated December 13, 1994, was received (see
attached) from Pittsburg Tank and Tower Company, Inc., reflecting
an amount of $8,675.00 to be paid for the removal of the subject
water tower. This work would be done according to all Indian River
County requirements.
The Department has received a signed agreement for the referenced
project.
RECOMMENDATION
The staff of the Department of Utility Services Recommends that the
Board of County Commissioners authorize the removal of the Mid -
Florida water tower and execute the attached agreement in the
amount of $8,675.00.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the agreement with Pittsburgh Tank and Tower
Company, Inc. for the removal of the Mid -Florida
150,000 gallon water tower in the amount of $8,675,
as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WATER EXPANSION PLAN/PHASE VI, RESOLUTIONS I AND H
The Board reviewed a Memorandum of January 13, 1995:
DATE: JANUARY 13, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASSE NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER EXPANSION PLAN - PiiASE VI
RESOLUTIONS I AND II
INDIAN RIVER COUNTY PROJECT NO. UW -93-34 -DS
BACKGROUND
On October 2-3, 1990, the Indian River County Board of County
Commissioners gave conceptual approval of the installation of water
facilities as part of the water main extension growth plan. The
JANUARY 24, 1995 54 BOOK 94 pnt� -185
M
Department of Utility Services has developed a phased plan to meet
the Comprehensive Plan requirements. Phase I was completed in
January 1993, Phase II in December 1993, and Phase III in July 1994.
On November 9, 1993, the Board of County Commissioners approved
proceeding with proposed Phases IV, V, and VI (see attached agenda
item and minutes). on September 28, 1993, the Board of County
Commissioners approved continuing service agreements for design,
construction, and inspection services for water projects with:
If. F. Lenz Company
Masteller and-Moler, Inc.
Carter Associates, Inc.
Carter Associates, Inc., was selected for these services on Phase
VI. We are now ready to begin the assessment process associated
with this project (see attached minutes and agenda item).
ANALYSIS
Attached are Resolutions I and II for the assessment project. The
project will generally serve the following described areas:
--------------------------------------------------------
Subdivision
--------------------------------------------------------------------
Unit
Lots
IDs
Location
Dixie Gardens
2
62
55
7th
P1. SW, 7th Ln SW, and
3rd
Ct. SW west of Old Dixie,
7th
Ln SW to 6th Ave. SW
Dixie Heights
1 thru 5
646
512
11th
Ln SW to 17th St. SW,
2nd
Ave. SW to 5th Ave. SW
Piney Oaks S/D
6
6
Vero Lakes
H-1, H-1
95th
St. (CR 512) to 89th
Estates
St.,
100th Ave. to 104th Ave.
Portions of
One, A, B,
838
608
87th
St. from 90th Ave. (CR
C, If & H-3
510)
to 98th Ave. to 89th
Non -platted
Parcels
St. to 104th Ave.
28 28 Various throughout the above
-------------------------------------------------------------------
Totals
-------- -----------------------
Totals 1,580 1,209
The attached map displays the area to benefit from the assessment
project. The total estimated project cost is $2,903,410.11, less
a nonassessed transmission main cost of $387,664.26. The total
estimated cost to be assessed is $2,515,745.85. The total
estimated cost per square foot is $0.159061. This project is to
be paid through the assessment of property owners along the
proposed water line route. In the interim, financing will be
through the use of impact fee funds.
Ninety-six and one-half percent (96.50) of the properties are
substandard or "undersized" according to Indian River County's
Comprehensive Plan and the County Public Health Unit, Division of
Environmental Health, which require that new lots utilizing well
and septic systems be a minimum of one-half acre. If served by a
public water system, the lot may be reduced to one-quarter acre
in size. Lots not meeting these minimum standards are called
"undersized lots."
RECOMMENDATION
The staff of the Department of Utility Services recommends that
the Board of County Commissioners approve the attached
Resolutions I and II and set the public hearing date.
JANUARY 24, 1995 55 Bou
Dan Chastain, manager of assessment projects, gave a brief
overview of Phase VI of the Water Expansion Plan which will serve
a portion of Vero Lake Estates and Dixie Heights, together with
some adjoining properties (portions of Dixie Gardens). The total
project will serve 1580 lots owned by 1209 parcel identification
numbers. The total project cost is estimated at $2,903,410.11,
less a non -assessed transmission main cost of $387,664.26, for a
total assessment cost on the project of $2,515,745.85, equating to
a cost per square foot of .159061 cents. The project will be paid
through the assessments of the benefiting property owners and, in
the interim, with financing through the use of impact fee funds.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board adopt Resolution
95-17 providing for Phase VI of the Water Main
Extension Growth Plan;
Under discussion, Commissioner Bird again raised the issue of
the interest rate charged residents who pay assessments on a
_deferred basis. He felt the interest rate at 2% above prime is a
little high to charge people who are obviously already having a
difficult financial problem and wondered if the County might be
able to lower the rate somewhat. He suggested perhaps using a
different formula but understood that administrative, collection
and other costs must be recovered.
OMB Director Joseph Baird responded by advising that the
interest rate at 2% above prime was a policy decision which was
based on the County's cost of money. Director Baird also wanted
the Board to be aware that the County does not charge for recording
the liens or other incidental expenses related to these items. He
felt it is reasonable to charge 10.5%, which is 2% above prime. He
also reminded the Board that the residents are being charged a
fixed rate, rather than a variable rate, which is also a benefit.
Commissioner Adams iterated that the Board does not want to
get into competition with banks and stated that she felt each
project should be tied to something measurable which gives the
County some basis to compare costs.
Commissioner Bird inquired as to what kind of cost the County
would pay today to borrow funds.
Director Baird responded there would be an issuance cost of
about another $100,000, plus underwriter fees, discounts and fees
for bond counsel. His estimate was that the cost would be about
8%, plus $100,000, depending on the size of the project.
JANUARY 24, 1995 56 BOOK 94 PAGE X87
Commissioner Bird felt he would like to revise the rate to 1%
above prime as he is aware that public acceptance of these projects
is not always unanimous and we need to make it easier on residents.
However, he felt that the rate should be left at 10.5% for now,
with an option to lower the rate at the coming public hearing.
Chairman Macht asked for a staff report on the various avenues
which might be open relative to setting the costs.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board adopt Resolution
95-18 setting a time and place at which the owners
of properties located generally in various
subdivisions including Dixie Heights and Vero Lake
Estates, and other interested persons, may appear
before the Board of County Commissioners and be
heard as to the propriety and advisability of
constructing Phase VI of the Water Main Extension
Growth Plan.
THE CHAIRMAN CALLED THE QUESTION and both motions
carried unanimously.
Providing (First Reso.) 1/9/95(reso/phase6)Vk/DC
RESOLUTION NO. 95- 17
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR PHASE VI OF THE
WATER MAIN EXTENSION GROWTH PLAN;
PROVIDING THE TOTAL ESTIMATED - COST,
METHOD OF PAYMENT OF ASSESSMENTS, NUMBER
OF ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF THE AREA SPECIFICALLY
SERVED.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the public welfare of the county and has deter -
JANUARY 24, 1995 57
- BOOK 94 pm c 188
RESOLUTION 95-17
mined to defray the cost thereof by special assessments against certain
properties to be serviced by Phase VI of the Water Main Extension
Growth Plan, located generally in Dixie Heights and Vero Lake Estates,
hereinafter referred to as Project No. UW -93 -34 -DS;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that Phase VI of the Water Main
Extension Growth Plan shall be installed to benefit 1209 properties,
which are located generally as described above, and the cost
thereof shall be specially assessed in accordance with the
provisions of Sections 206_01 through 206.09 of the Code of Indian
River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $2,515,745.85 or $0.159061 per square
foot to be paid by the property specially benefited as shown on
the assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.159061 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
County Code.
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
interest.
JANUARY 24, 199558 Bou 94 pw_ 189
M M M
M
RESOLUTION NO. 95- 17
If not paid in full, the special assessments may ' be paid in ten
equal yearly installments of principal plus interest. If not paid
when due, there shall be added a penalty of 1-1/2% of the
principal not paid when due. The unpaid balance of the special
assessments shall bear interest at a rate of 10.5% from the Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility
Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least
one time in the Vero Beach Press Journal before the public hearing
required by Section 206.04.—
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by Commissioner Eggert ,
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird A y e
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 2 4 day of January , 1995.
Attest:
J_ef,�re K . Bar n, Cler
c�
JANUARY 24, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN ER COUNTY, FLORIDA
By
Kenneth R. Macht
Chairman
59 Bou 94 muc. 190
Time and Place (Second Reso.) 1/9/95(reso/phase6)Vk/DC
RESOLUTION NO. 95- 18
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING_ A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED
GENERALLY IN. VARIOUS SUBDIVISIONS
INCLUDING DIXIE HEIGHTS AND VERO LAKE
ESTATES, AND OTHER INTERESTED PERSONS,
MAY APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUCT-
ING PHASE VI OF THE WATER MAIN EXTENSION
GROWTH PLAN, AS TO THE COST THEREOF, AS
TO THE MANNER OF PAYMENT THEREFOR, AND
AS TO THE AMOUNT THEREOF TO BE SPECIALLY
ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY.
WHEREAS, the Board of County Commissioners of - Indian River
County has, by Resolution No. 95- 17 , determined that it is
necessary for the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property within
the area described hereafter, that a waterline be installed in
approximately 1209 properties hereinafter described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.159061 per square foot; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to the Board;
and
WHEREAS, Section 206.06, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and place at
which the owners of the properties to be assessed or any other persons
interested therein may appear before the Board of County
Commissioners and be heard -as to the propriety and advisability of
constructing such water main extension, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, February 21, 1995, at which time the
JANUARY 24, 1995 60 BOOK 94 PAA' A91
M ® M
RESOLUTION NO. 95- 18
owners of the properties. to be assessed and any other interested
persons
may appear before said Commission and
be heard in
regard
thereto.
The area to be improved and the
properties
to be
specially benefited
are
more particularly
described
upon the
assessment plat and
the
assessment roll with
regard to
the special
assessments.
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.
until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the owner of each property to be
specially assessed at least ten days notice in writing of such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by Commissioner Eggert
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin A y e
JANUARY 24, 1995 61 BOOK 94 PAa 1,9
RESOLUTION 95-18
The Chairman thereupon declared the resolution duly passed and
adopted this 24 day of January , 1995.
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RenER COUNTY, FLORIDA
By
Kne Ma_cht
Chairman
10TH AVENUE & 10TH COURT WATER LINE REPLACEMENT
The Board reviewed a Memorandum of January 18, 1995:
0
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
JANUARY 18, 1995
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G.PINT
DIRECTOR UTILITYVICES
ol
H. O
NMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
10TH AVENUE AND 10TH COURT WATER LINE REPLACEMENT
INDIAN RIVER COUNTY PROJECT NO. UW -94 -20 -DS
IRC BID NO. 4007; WORK AUTHORIZATION NO. 29
Currently residents on 10th Avenue and 10th Court (north of 8th
Street) are being provided water service by a 2" galvanized line
installed in rear lot easements. The water received by the
residents is of poor quality and reduced pressure due to
considerable corrosion of the galvanized lines.
ANALYSIS
It is proposed to replace the 2" lines with PVC and to relocate the
water services to the front (streetside) of the properties. Fire
protection will be included.
Estimated cost by our in-house contractor is $21,952.04 for labor
and $15,080.48 for materials (attached) for a total cost of
$37,032.52.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of the subject replacement project and requests approval of the
attached work authorization.
JANUARY 24, 1995 62 boa 94 P,�u 193
r
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board approve the
Agreement with Driveways, Inc. for the 10th Avenue
and 10th Court Water Line Project in the amount of
$21,952.04 for labor and $15,080.48 for materials,
for a total cost of $37,032.52, as recommended by
staff.
Under discussion, Chairman Macht asked for a briefing or some
advance notice when these upgrades are to take place in order that
the Commissioners might be prepared to discuss the items with
residents.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
CITY OF SEBASTIAN/CONSTRUCTION OF THE RIVERFRONT
WATER PROTECT
DATE:
The Board reviewed a Memorandum of January 16, 1995:
January 16, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTIL S ICES
STAFFED
AND PREPARED
BY: HARRY E ASHERA4?1-'�
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY
(COUNTY) AND CITY OF SEBASTIAN (CITY) -
CONSTRUCTION OF THE RIVERFRONT WATER PROJECT
BACKGROUND:
The County currently has under construction a water line project
along US 1 from CR 510 North to the City of Sebastian limits to
provide water service to customers in the unincorporated area.
The City proposes to build a public water project known as the
"Riverfront Water Project," to provide water service to the area
east of US 1 along Indian River Drive within the City.
JANUARY 24, 1995 63 Boa 94 PAGE 194
ANALYSIS:
The City, finding that it would effectuate cost savings to have
the County construct the project utilizing its existing
engineering and construction contracts, has requested the County
to enter into an Interlocal Agreement to provide these
services (See Agreement Attached). Under the Agreement the
County will issue Change Orders to its existing engineering and
construction contracts, which must be approved by the City prior
to execution.
The funding for the project will be by the City through an
assessment for the area to be served. The preliminary
assessment for the project was passed by the City on September
28, 1994 (See copy attached).
The Sebastian City Council has unanimously approved the
proposed Interlocal Agreement on January 11, 1995.
The staff of the Department of Utility Services recommends
approval and execution of the Interlocal Agreement between
Indian River County and the City -of Sebastian and authorization
for the Department to proceed with the project.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Interlocal Agreement with the City of Sebastian
and authorized staff to proceed with the
construction of the Riverfront Water Project; as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
DISCUSSION OF OLD COURTHOUSE STUDY
Deferred.
INTERGOVERNMENTAL CHALLENGES SUMIVIIT REPORT
The Board reviewed a letter of January 18, 1995:
JANUARY 24, 1995 64
JIM SCOTT
President
V, �/
CHAIR
Rep. Addie L. Greene
Afangoma Park
VICE -CHAIR
Sen. Ginny Brown -Waite
Spring Hill
WISLATIVE MEMBERS
Rep. Bob Casey, M.D.
Gainesville
Rep. Lee Constantine
Altamonte Springs
Sen. Fred R. Dudley
Cape Coral
Sen. Karen Johnson
Leesburg
Sen. Matthew Meadows
Lauderhill
Rep. Marjorie R. Turnbull
Tallahassee
CITIZEN MEMBER
Sayde Martin
_ Plant City
CITY OFFICIALS
Afayor Bill Evers
Bradenton
Mayor Ilene S. Lieberman
Lauderhill
ifayor Clarence E. Anthony
South Bay
PETER WALLACE
Speaker
The Florida Legislature
FLORIDA ADVISORY COUNCIL
ON INTERGOVERNMENTAL RELATIONS
House Office Building, Tallahassee, FL 32399-1300 Ph. (404)489-9627 Suntan 278-%27 Fax 487.6587
WEMORANDUM
TO: Intergovernmental Challenges Summit Participants
FROM: Mary Kay Falco , Executive Director
RE: Summit Statement
DATE: January 18, 1995
As a participant at the first Intergovernmental Challenges
Summit, we hope you found the experience enriching and
enjoyable. During the Summit, communication between officials
representing different types of local and state governmental entities
was lively and, at rimes, intense. The Summit allowed participants
to recognize and appreciate similarities and differences across
Jurisdictions. It is hoped that the experience will foster constructive
and frequent communication and coordination between
governmental entities in meeting the current and future needs of
Floridians. —
COUNTY OFFICIALS The statement adopted as the "action agenda" of the
EdxdCrapo
AlachuauaCounty Intergovernmental Inter overnmental Challenges Summit is enclosed. This statement
Comm. John P. Hart will be shared with and discussed b the membersf the Advisory
Comm. Marlene Young Council on Intergovernmental Relations on January 23, 1995 in
Polk county Tallahassee. It was a pleasure to serve you through the Summit and
STATE OFFICIALS hope that there will be similar opportunities in the future. If ou
Linda Loomis Shelley pp y
Tallahassee have questions related to the Summit or other ACIR activitie
Dr. Robert B. Bradley �ISlaia��iOi►, ��
Tallahassee please give me a call at (904)•88-9627 or SC 278-9627. �; r .�
1619Z02j Commisz.c.ie:_: �.. —
\ECUTIVEDIRECTOR �1 t?
Dr. Mary Kay Falconer t'1� �� Adminitrti#�i
Tallahassee �� V, Attcrney
Enclosure �F N
01 ,P4 cF� �s
persor:ne!
publ,c wnii.:...,:
v
c L�
cornmun :.
(P
For.ance
OMB-.�_----
FICIO MEMBERSHIP Emerg. sery.
Florida Association of Counties -Radney L. Kendig. Florida Association of District School Superintendents -Dr. John ,,.,�11�
Florida League
of Cities - Raymond Sittig School Board Association of Rlorida -Dr. Wayne Blanton
6��;� .,
Florida Association of Special Districts -Peter L. Pimentel
Other
JANUARY 24, 1995 65 BOOK 94 pact.196
Commissioner Adams gave a brief report on the
Intergovernmental Challenges Summit she attended and stated that
the seminar narrowed the issues down to the 5 most aggravating
challenges to intergovernmental coordination which were: Item 1 -
unfunded mandates; Item 2 - excessive rules and regulations; Item
3 - restricted revenue resources, including the legislative
authority given to water management districts with no one having
any control over their boards of directors who have unlimited or
unrestricted taxing authority; Item 4 - public safety and criminal
justice; and, of course, Item 5 - growth management. A detailed
report will be coming out soon. It was a rather intense 2 days and
she felt the Governor's office heard loud and clear the Advisory
Council on Intergovernmental Relations. They will be doing some
additional research and, hopefully, some very good things will come
out of it; perhaps not in this year's legislature, but certainly in
next year's. The lobbying effort will obviously center on these
items through the Florida Association of Counties and the Florida
League of Cities.
In regard to unfunded mandates, she .spoke with the past
president of the National Association of Counties and former
Pinellas County commissioner, Barbara Sheen Todd, who has agreed to
come to Indian River County on a tentative date of February 15,
1995. Commissioner Adams felt a luncheon forum would be
appropriate and suggested that elected officials, the press and any
interested business or community residents be invited to hear Ms.
Todd talk about unfunded mandates.
Chairman Macht, apropos of Commissioner Adams' report, advised
the Board that Assistant County Attorney Terrence O'Brien went to
Jacksonville for a water district regional meeting and will have a
report that he believes the Board will find very interesting as it
dovetails with what Commissioner Adams has reported.
JANUARY 24, 1995 50m 94 Pt�19
GE
66
There being no further business, on Motion duly made; seconded
and carried, the Board adjourned at 10:30 a.m.
ATTEST:
J. K. rton, Clerkenneth R. cht, Chairman
Minutes Approved:
a 4�-
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JANUARY 24, 1995 67 BOOK 94 PAGE 19