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HomeMy WebLinkAbout2/21/1995= MINUTES ACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 21, 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) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9: 00 A. M. 1. CALL TO ORDER PAGE 2. INVOCATION - Rabbi Jay Davis, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 13.A. Florida Department of Transportation Public Information Workshop - SR -60 Proposed Improvement - 13.D. Security at new Courthouse for a weekend/public event, such as the Garden Club's Flower Show. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of January 24, 1995 7. CONSENT AGENDA A. Received 8 Placed on File in Office of Clerk to the Board: 1. Fellsmere Water Control District: a. Financial audit, Sept. 30, 1994 b. Financial Report, Sept. 30, 1994 2. St. Johns River Water Management District: a. Annual Financial Audit for FY 1993-94 B. Proclamation Designating March 2 - 4, 1995 as Mentally Handicapped Week in IRC C. Release of Utility Liens ( memorandum dated February 15, 1995 ) D. Release of Utility Liens ( memorandum dated February 10, 1995 ) E. Cancellation of Outstanding Taxes Properties Purchased for County Use ( memorandum dated February 9, 1995 ) F. Stonebridge, Inc.'s Request for Final Plat Approval for Ph. I of a S/D to be Known as Stonebridge ( memorandum dated February 15, 1995 ) 61 7. CONSENT AGENDA (cont'd. ): PAGE G. Miscellaneous Budget Amendment 006 ( memorandum dated February 13, 1995 ) H. Victim of Crime Memorial Tree Indian River County Sheriff's Office Request ( memorandum dated February 15, 1995 ) I. Request for Additional Street Lights Gifford Street Light District - 45th Street ( memorandum dated February 9, 1995 ) J. Precision Contracting Services Request for Retainage Release ( memorandum dated February 8, 1995 ) (deferred from BCC Meeting of 2/14/95) K. Authorization for County Administrator to Execute Certain Documents on Behalf of the Board of County Commissioners ( memorandum dated February 13, 1995 ) L. Resignation of Kenneth P. Kennedy from the Agriculture Advisory Committee ( letter dated February 13, 1995 ) S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A.- PUBLIC HEARINGS Water Expansion Plan - Phase VI, Resolution _III ( memorandum dated February 10, 1995 ) B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Wetlands Purchase Consideration ( backup provided separately) _ B. EMERGENCY SERVICES None C. GENERAL SERVICES Indian River Farms Water Control District Permit and Interlocal Agreement ( memorandum dated February 13, 1995 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None 11. DEPARTMENTAL MATTERS (cont'd. ): PAGE F. PERSONNEL None G. PUBLIC WORKS Vero Lake Estates Master Drainage Plan - Professional Services for St. Johns River Water Management District - MSSW Conceptual Permit and USACOE Permits ( memorandum dated February 10, 1995 ) H. UTILITIES None 12. COUNTY ATTORNEY Resolution Authorizing Condemnation ( memorandum dated February 13, 1995 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN KENNETH R. MACHT 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 1. Approval' of Minutes - Meeting of 12/13/94 2. Selection Committee Report to the Board on Ranking of Architects for Northwest Emergency Services Station & Authorization to Proceed to Contract Negotiation ( memorandum dated February 14, 1995 ) 14. SPECIAL DISTRICTS (cont'd. ): PAGE B. SOLID WASTE DISPOSAL DISTRICT 1. Camp Dresser E McKee Landfill Expansion (memorandum dated January 24, 1995) (continued from Meeting of 2/14/95) 2. Bid Award #5040 / Telephone Systems for SWDD Administration Building ( memorandum dated February 14, 1995 ) 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. Tuesday, February 21, 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, February 21, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. The Chairman called the meeting to order. Rabbi Jay Davis, Temple Beth Shalom, delivered the Invocation and County Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested the addition of Item 13.D., concerning security at the new Courthouse for a public/weekend event such as the Garden Club's flower show. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added Item 13.D. to the Agenda. Later in the meeting, Chairman Macht requested the addition of Item 13.A., concerning a Florida Department of Transportation Public Information Workshop on proposed improvement to SR -60. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added Item 13.A. to the Agenda. 1 February 21, 1995 BOOK 94 CAUL -37b BOOT( 94 pn[377 APPROVAL OF MMUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 24, 1995. Commissioner Eggert requested a correction to Page 34, middle of first paragraph, to change the word "recent" to 111986". ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Regular Meeting of January 24, 1995, as amended. CONSENT AGENDA Commissioner Eggert requested the removal of Items 7.J. and 7.K. for discussion. A. Reports Received and placed on file in the Office of the Clerk to the Board. 1. Fellsmere Water Control District a. Financial Audit, Sept. 30, 1994 b. Financial Report, Sept. 30, 1994 2. St. Johns River Water Management District a. Annual Financial Audit for FY 1993-94 B. Proclamation Designating Mentally Handicapped Week _ February 21, 1995 � ® r PROCLAMATION WHEREAS, the Knights of Columbus, Vero Beach Council 5629, will - be conducting its annual Tootsie Roll Drive to help the handicapped and mentally retarded citizens on March 2 through -March 4, 1995; and WHEREAS, the proceeds from -the donations will be used by the Knights of Columbus -for local programs and activities such as the mentally retarded workshop and special olympice program; and WHEREAS, on a nationwide basis, the Knights of Columbus Councils will be conducting similar events during the same time span; and WHEREAS, with the help of many friends and local organizations who have volunteered to assist the Knights of Columbus in this year's endeavor, it is anticipated that the proceeds generated will be far in excess of last year's total; and WHEREAS, it is altogether fitting and proper to officially recognize this worthy cause, and to help create a public awareness and appreciation'- for all those who will be "aproned and canistered" on March 2 through March 4, 1995 and most of all, for all those who will contribute whiat they can from their hearts and pockets to assist the mentally handicapped: NOW, ':•WHEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY _ COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 2 through March 4, 1995 be officially observed as MENTALLY HANDICAPPED WEEK in Indian'River County, and that special recognition be given to the dates of March 2 through March 4, 1995 in support of this worthwhile endeavor. Adopted this 21 day of February, 1995. BOARD OF COUNTY COMMISSIONERS i+ OF INDI RIVER COUNTY, FLORIDA i• � 'sir ''?► '� 1% ;. AENNETH R. MACHT, Chairman 'i ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously proclaimed that March 2 through 4, 1995, be officially observed as Mentally Handicapped Week in Indian River County. 3 February 21, 1995 Boa 94 put,,378 BOOK 94 PACE 379, C. Release of Utility Liens The Board reviewed a Memorandum of February 15, 1995: TO:, BOARD OFCOUNTYCOMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: February 15, 1995 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfactions of Impact Fee Extensions: GIBSON - KAETZEL ROSBURY/LAWLEW YORK 2. Phase II Water: ADAMS/PIERCE KAETZEL MOLINARI MORA NEVERETTE STEWART ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the Releases of Utility Liens as recommended by staff. LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY A Release of Utility Liens The Board reviewed a Memorandum of February 10, 1995: TO: BOARD OF COUNTY COMMISSIONERS 4Q� ,Q • - FROM: Lea R. Keller, CIA, County Attorney's Office DATE: February 10, 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: 4 February 21, 1995 1. Satisfactions of Impact Fee Extensions: BECK GILBERT/MASON GOOD SARACINO TALLMAN THOMPSON TRAWICK 2. 8th Street Water: GROVES 3. Phase I Water: HALL STONE 3. Phase II Water: BECK LONG MOBLEY WISSEL S. Rockridge Sewers: SHANNO 6. Royal Poinciana Water: KOFKE, SR. 7. U. S. #1 from 10th St. to Main Relief Canal Water: SARACINO ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the Releases of Utility Liens as recommended by staff. LIEN RELATED DOCUMENTS ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY E. Cancellation of Outstanding Taxes The Board reviewed a Memorandum of February 9, 1995: TO: BOARD OF CO COMMISSIONERS FROM: Lea ,RR..nKeller, CLA, County Attorney's Office THRU: Charles -P. Vitunac, County Attorney DATE: February 9, 1995 RE: CANCELLATION OF OUTSTANDING TABES PROPERTIES PURCHASED FOR COUNTY USE 5 February 21, 1995 PA -Qi ��. Boof 94 FmUC 381 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 resolution cancelling taxes upon lands the County recently acquired. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 95-27 cancelling certain delinquent taxes upon publicly -owned lands, as recommended by staff._ ( ravia a Eor.n) 2/9/95 (r®ao\tsxaa) Vlc. 16O Re: R/W - 58th Avenue Parcel #17-33-39-00001-0080-00001.0 Charles L. & Carol Ann Gollnick RESOLUTION NO. 95- 27 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 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.; C1 February 21, 1995 l� RESOLUTION NO. 95-27 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 1047, Page 1287, which was recently acquired by Indian River County for right of way purposes on 58th Avenue, are hereby cancelled, pursuant.to the authority of section. -196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this Resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Bi -rd , and the motion was seconded by Commissioner Fgg r't , 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 21 day of February , 1995. 8 J, a on, Clerk Attachment: Deed with Legal escription 7 February 21, 1995 BOARD OF COUNTY COMMISSIONERS INDIAN R COUNTY, RIDA By LiAN Indian River Ca Approved Date Admin. � Lega! Buaget D'Z p 1. risk Mgr. bom Pt1uc Boas 94 pt F. Final Plat Approval - Stonebridge S/D Phase I The Board reviewed a Memorandum of February 15, 1995: TO: James E. Chandler County Administrator DI ISION HEAD CONCURRENCE: obert g,Klep Community Develbpme4Z Director THROUGH: Stan Boling, 4AICP Planning Director FROM: Eric Blad AY Staff Planner, Current Development DATE: February 15, 1995 SUBJECT: Stonebridge, Inc.'s Request for Final Plat Approval for Phase 1 of a Subdivision to the Known as Stonebridge [SD-94-11-09/IRC #94020141-005] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 21, 1995. DESCRIPTION -AND CONDITIONS: Stonebridge is a proposed 39.08 acre, two phase, -single family subdivision located on the south side of 4th Street in the 5300 block. Development of the site (phases 1 and 2) will ultimately create 83 lots, a 2.87 acre wet stormwater management tract, and on-site roadways. The property is zoned RS -3, Residential Single Family ( up to 3 units per acre) and is to be developed at a density of 2.1 units per acre. On February 22, 1994, the Planning and Zoning Commission granted preliminary plat approval for phases 1 and 2 of Stonebridge Subdivision. The approved preliminary plat permits construction of Stonebridge in two phases, 41 lots in Phase 1 and 42 lots in Phase 2. The subject phase 1 plat contains the entire 39.08 .acres of the Stonebridge preliminary plat, and will include 41 phase 1 lots, supporting infrastructure improvements for phase 1 (i.e. roadways, stormwater, utilities, etc.) and future phase'2 tracts. The phase 2 tracts will be replatted into lots at a future date. A land development permit has been issued for construction of the phase 1 and 2 required improvements. Since construction of required improvements (i.e. roadways, stormwater management, utilities, etc.) has not been completed in phase 1 at this time, the developer is proposing to "bond -out" to guarantee the satisfactory completion of the remaining work to be performed. The phase 1 final plat request was submitted with the following documents: 1. A plat in conformance with the originally approved preliminary plat; 2. An Engineer's Certified Cost Estimate for completing the remaining required subdivision improvements; 8 February 21, 1995 3. 4. A Contract for Construction of Improvements; Required Subdivision A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Contract for Construction. ANALYSIS: The developer has obtained a land development permit for construction of the subdivision. However, not all of the required subdivision improvements have been completed as of this date (i.e. roadways, stormwater management, and utility services). The developer desires to proceed with recording the subdivision plat and proposes to "bond -out" for- construction of the remaining required subdivision improvements pursuant to --provisions of LDR section 913.10. A certified engineers cost estimate for completion of the remaining improvements has been reviewed and accepted by the Public Works Department and the county Utilities Department for sufficiency. The developer has submitted a Contract for Construction of Required Improvements and posted suitable security, approved by the County Attorney's Office, to guarantee the Contract. The contract, which is on a standard form approved by the county attorney's office, is to be executed by the developer prior to the February 21, 1995 Board meeting date. With these documents, the developer will have complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Based upon the analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for Stonebridge Subdivision phase 1, authorize the Chairman to execute the Contract for Construction, and accept the posted security to guarantee the Contract for Construction. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously granted final plat approval for Stonebridge Subdivision Phase 1 and accepted the posted security to guarantee the Contract for Construction. COPY OF CONTRACT PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD w February 21, 1995 BON 94 PA1,,L •..DC7 booK 94 PAA 385- G. 5 G. Miscellaneous Budget Amendment 006 The Board reviewed a Memorandum of February 13, 1995: TO: Members of the.Board of County Commissioners DATE: February 13, 1995 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 006 CONSENT AGENDA FROM: Joseph A Bair OMB Directo I DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. (Memo attached from Personnel Director, Jack Price.) 2. The County has an informal agreement with Fellsmere Volunteer Ambulance Service in which Fellsmere will receive 2% of the ALS charges collected. This entry will adjust their budget to reflect the 2% collected. 3. The Property Appraiser bills his fee based on prior year taxes. The -final bill for the Library bond assessment is $27,963. Since we closed the residual equity into the General Fund, this entry allocates the funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 006. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment 006, as recommended by staff. 10 February 21, 1995 L-1 TO: Members of the Board of County Conunissioners FROM: Joseph A. Baird OMB Director V1— BUDGET AMENDMENT: 006 DATE: February 13, 1995 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE TRANSPORTATION FUND/Road and Bridge Unemployment Compensation 111-214-541-012.15 $450 $0 TRANSPORTATION FUND/ Reserve for Contingency 111-199-581-099.91 $0 $450 EXPENSE S.W.D.D./RefuselUnemployment Comp. 411-209-534-012.15 $1,192 $0 S.W.D.D./Landfill/Cash Forward -September 30 411-217-534-099.92 $0 $19192 EXPENSE BUILDING DEPARTMENT/ Unemployment Compensation 441-233-524-012.15 $2,250 $0 BUILDING DEPARTMENT/Special Pay 441-233-524-011.15 $0 $2,250 2. REVENUE ESD/ALS Charges 114-000-342-061.00 $3,000 $0 EXPENSE ESD/Transfer Out 114-199-581-099.21 $3,000 $0 REVENUE GENERAL FUND/Transfer In 001-000-381-020.00 $3,000 $0 EXPENSE GENERAL FUND/Fellsmer. a Volunteer Ambulance Squad 001-110-526-088.57 $3,000 $0 3. EXPENSE GENERAL FUND/Property Appraiser/ Bud. Transfer 001-500-586-099.06 $27,963 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $27,963 11 February 21, 1995 BOOK 94 FAGS � 86 Boor 94 PACS 8 7 H. Memorial Tree Designated for Victims of Crime The Board reviewed a Memorandum of February 15, 1995: DATE: FEBRUARY 15, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR 4_ DEPARTMENT OF GENERAL SERVICES SUBJECT: VICTIMS OF CRIME MEMORIAL TREE INDIAN RIVER COUNTY SHERIFF'S OFFICE REQUEST BACKGROUND: Last.year before completion of the new courthouse, Sheriff Wheeler requested the tree located in a marble planter on the southeast side of the courthouse be designated as "Memorial Tree". This would be in memory of all victims of crime in Indian River County. They wanted.to have a dedication ceremony. Sheriff Wheeler made his request in the fall of 1994 but it was determined to wait until construction on the courthouse was completed, before bringing it to the Board of County Commissioners for action. ANALYSIS: Judy Deeson, Victim Assistant Coordinator for the Sheriff's Department and staff have reviewed the site and feel a project such as this would not interfere with the courthouse operations. It is recommended this request be approved as requested. ON MOTION by Commissioner Bird, SECONDED by _ Commissioner Eggert, the Board unanimously approved the request, as recommended by staff. 12 February 21, 1995 I. Additional Street Lights - Gifford Street Light District - 45th Street The Board reviewed a Memorandum of February 9, 1995: TO: James Chandler County Administrator 9� FRAM: James W. Davis, P.E. UTA Public Works Director u SUBJECT: Request for Additional Street Lights Gifford Street Light District - 45th -Street RE: Letter from Mr. Freddie Woolfork to James W. Davis dated February 7, 1995 DATE: February 9, 1995 Due to public safety concern, the Progressive Civic League of Gifford has requested the addition of three (3) street lights to the Gifford Street Light District. The location of the requested street lights would be between 28th Court and 32nd Avenue along 45th Street. Staff recommends the Board of County Commissioners approve the request for additional street lighting. The yearly cost for the additional lights would be approximately $450/year. Funding would be from the -Gifford Street Light District Fund. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the request for additional street lighting at an annual cost of approximately $450 with funding from the Gifford Street Light District Fund, as recommended by staff in the memorandum. Fte3 �r February 21, 1995 9-4 BASK 9 4 DU I Precision Contracting Services - Retainage Release (DEFERRED FROM FEBRUARY 14, 1995) The Board reviewed a Memorandum of February 8, 1995: DATE: FEBRUARY S. 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS TBSII: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H. T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES W;j BUWZCT: PRECISION CONTRACTING SERVICES REQUEST FOR RETAINAGE RELEASE BACRQROU-' Precision Contracting Services (PCS) has completed the work in the new courthouse under his contract, except for -some programming this is to be done by a subcontractor. PCS is requesting release of his retainage, except for $5,500 to cover the programming work. The installed work is under warranty. RIB LNNNATIONS: Staff recommends release of the $53,072.50 retainage. Commissioner Eggert recalled that this item was tabled at the last meeting for more information. She believed the item should not have been brought back on the Consent Agenda without providing additional information. She wanted to verify that the $5,500 being set aside would cover absolutely all the remaining expenses of connecting the hearing rooms to the courtrooms, under the golden gavel procedure. General Services Director Sonny Dean advised that he and Clerk of the Circuit Court. -Jeff Barton discussed the matter last week and have resolved all those issues. He advised that Clerk Barton had i agreed that the retainage was sufficient to cover the programming remaining and had also recommended approval. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved release of the $53,072.50 retainage to Precision Contracting Services, as recommended by staff. 14 February 21, 1995 K. County Administrator Authorized to Execute Certain Documents on Behalf of the Board of County Commissioners The Board reviewed a Memorandum of February 13, 1995: TO: Board of County Commissioners *.a. R. �✓ FROM:_ Lea R. Keller, CLA, County Attorney's Office THRO: Charles P. Vitunac, County Attorney DATE: February 13, 1995 RE: Authorization for County Administrator to Execute Certain Documents on Behalf of the Board of County Commissioners The Chairman of the Board of County Commissioners signs all paperwork for a customer to finance water and sewer impact fees, and on pay-off for the County to record a Satisfaction. This is an on-going daily process which could be streamlined by having the Board authorize the County Administrator to sign these documents on its behalf. Requested Action: Board authorize the County Administrator to sign Impact Fee Extensions and Satisfactions. Commissioner Eggert advised that she had conferred with County Attorney Vitunac for a suggestion to expedite paperwork to finance water -and sewer impact fees and the recording of satisfactions. She suggested that the proposed resolution might be amended by adding "or his designee" (after County Administrator) and asked if that would be a problem. County Attorney Vitunac advised that this was not done in the resolution since there was no Assistant County Administrator and Administrator Chandler advised that when he was not in the office he always designated an Acting County Administrator. The Board briefly discussed the need for adding "or his designee". ON MOTION by Commissioner Eggert, SECONDED'by Commissioner Bird, the Board unanimously adopted Resolution 95-28 authorizing the County Administrator, or his designee, to execute certain water and sewer impact fee documents on behalf of the Board. 15 February 21, 1995 Boa 94 Pv1,390 GOOK 4 PACE - RESOLUTION NO. 95-28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN WATER AND SEWER IMPACT FEE DOCUMENTS ON BEHALF OF THE BOARD. WHEREAS, the County provides its utilities customers with financing to pay for water and sewer impact fees and has prepared a form and note which is executed by the customer and the County and then recorded; and WHEREAS, this is an on-going, time-consuming, daily process; and WHEREAS, after the customer repays the debt a satisfaction form also must be executed and recorded on the public records; and WHEREAS, it would be beneficial to streamline this process by having the Board authorize the County Administrator, or his designee, to sign these impact fee extension agreements and satisfactions on the Board's behalf; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby authorizes the County_ Administrator, or his designee, to sign all agreements and satisfactions for the extended payment of water and sewer impact fees provided that the forms contain an attestation by the Clerk and the signatures of the County Attorney and a representative of the Utility Services Department. The resolution was moved for adoption by Commissioner Eggert, 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 21st day of February, 1995. A L: Je e Bart , Clerk � n February 21, 1995 BOARD OF COUNTY COMMISSIONERS INDIAN RI7 COUNTY, F RIDA By Kenneth R. Macht Chairman APPROVED AS TO FORM AP GAIcX�FFICIENCY: Charles P. Vitunac County Attorney 16 L. Resignation of Kenneth P. Kennedy from the Agriculture Advisory Committee The Board reviewed a letter of February 13, 1995: �p��12i3144�si' Ms. Fran Adams I*� FER 19Z -Board of County Commissioners RE's+ Agriculture Advisory CommitteeBQgNb®r 1.840 25th Street co Vero Beach, FL 32960 - .ned, Dear Fran; Please accept my resignation from the Agriculture Advisory Committee effective February 13, 1995. With, as you know, the pressure of running the packing house in the busiest time of year, along with the groves, I don't feel, I can devote enough time on this committee. I apologize for any inconvenience this may cause you and the Committee. P.O. BOX 189 • WABASSO, FLORIDA 32970 • 407-589-4387 • FAX 407-589-0274 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the resignation of Kenneth P. Kennedy from the Agriculture Advisory Committee effective February 13, 1995. 17 February 21, 1995 Boos94 ��, BOOK 94 PAA 393 PUBLIC HEARING - WATER EXPANSION PLAN - PHASE VI RESOLUTION III 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 Publisbed Dally Vero Ready Indian Riwr 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, Icing a In the matter of Ir..&�OwZ in the Court, was pub- lished ublished in said newspaper in the issues 6 — 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 advertisement for publication in the said newspaper. Swam to and subscribed pefore me this day of, �� g G i:fL•�,a. :',:. •..n : ,. (Bustness Manager) (SEAL) ± 7111111 Boani d tAmealiflat is d Man Rhar �17arlda, Itlreby Ptoddes ttodoe d FLEW, adledlled * 900 AM. fin Twomey — Fabnde y 21. 1988r to dwin a w P QILECT 4 to t 8�EdA��A the W atalaft of WATERIfia�n rTcaq,., PHASE VI OF THE WATER MAN M(TEffWN GROWTH PL^ and prova9 tot $paw hate to be traded! record an the pfoporoies m be se va MY" who mly wiYt b appeal any deco on tt00 mey be ma0/ at thio tneetlrip wi need to ensure tftat a verbaUfa raon of flle pfooaedYgs is theme, the�inclu testhww " is bout ad* s+r'Onnae upon wltlolt � r wtio nmft a WKW aoilomnodaum for to Otea�tlee� (�� Mawt� 19ti0e0e00.IgE,xt. 408, at Ise,( 48 Irotn a edymias of the Jan. 27, Feb. 3, IM 1198508 Assessment Projects Manager James Chastain reviewed the Memorandum of February 10, 1995: DATE: FEBRUARY 10; 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI SERVICES PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSE �N�TROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN — PHASE.VI RESOLUTION III — PUBLIC FEARING INDIAN RIVER COUNTY PROJECT NO: UW-93-34—DS 18 February 21, 1995 BACKGROUND On January 24, 1995, the Indian River County Board of County Commissioners approved Resolutions 95-17 (Resolution I) and 95-18 (Resolution II), which contained the preliminary assessment roll and established the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 95-17 was published in the PRESS JOURNAL on January 30, 1995. (See attached agenda item and minutes for the above meeting.) ANALYSIS Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessment. Informational meetings were held for the property owners on February 6, 8, and 13 at 7:00 p.m. in the County Commission Chambers. The attached map displays the area to benefit from- the assessment project. The project will generally serve the following described areas: Subdivision -------- Unit---Lots---IDsLocation ---------------------- 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 SID 6 Vero Lakes H-1, H-1 6 95th St..(CR 512) to 89th Estates St., 100 Ave. to 104th Ave. Portions of One, A, B, 838 608 87th St. from 90th Ave. (CR C, H & H-3 510) to 98th Ave. to 89th St. to 104th Ave. Non -platted 28 28 Various throughout the above Parcels Totals 1,580 1,209 The total estimated project cost of $2,903,410.11, less a non -assessed Master Plan transmission main cost of $387,664.26, results in a total estimated cost _to be assessed of $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 (96.5%) 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 cal.red "undersized lots." RECOMMENDATION The staff of tlxe`•Department of utility Services recommends that the Board of coat ." -commissioners _Commissioners approve the attached Resolution III. Inch" F%W Admin. Budges Utilities Rick M4 19 February 21, 1995 Boa 94 FAuL 394 ,Qr5.' For the benefit of the large audience, Community Development Director Bob Keating reviewed in detail Comprehensive Plan requirements and State of Florida mandates, explaining deficiencies, undersized lots and certain policies given priority by the Board when the Comprehensive Plan was adopted. He also reported that it was the County's responsibility to address deficiencies. Mike Galanis, Director of Environmental Health for the Department of Health, explained how some subdivisions were "grandfathered", defined current permit requirements, and gave statistics on permits currently being issued for Vero Lake Estates. Director Galanis recounted that in 1993 he had prepared a list of areas with health concerns as requested by BCC staff, and Vero Lakes Estates was in the top five due to high water tables and overflow of septic tanks. Sebastian Highlands and Vero Lake Estates were plotted early and, therefore, did not require permits for septics; under today's standards, however, permits would not be issued. He declared that while there was not presently a contamination problem, the potential was present. He went on to explain the impact of wells and septic tanks in a subdivision of small lots. Utility Services Director Terry Pinto explained that the project was the seventh phase of an on-going phased project to bring water to areas of the county and reviewed a map showing where the pipelines would be. Steve Snoberger, design engineer with Carter Associates, the County's consultant, explained the proposed pipe routing using a map for Vero Lakes Estates, Dixie Heights, and Dixie Gardens. Commissioner Adams requested that, in the future, these hearings be held at night to allow interested property owners to attend. Chairman Macht advised the audience there was a large screen TV in the conference room where it would be easier to see what was being shown on maps. He explained that it was difficult to see charts and maps while sitting in the audience. He suggested staff give thought to projection screens for the Chambers since they were not a big budget item and the audience would be able to see better. The Chairman opened the public hearing. Terry Drum, 10090 90th Street, County employee and parent of small children, with 16 years of environmental background, spoke in 411 February 21, 1995 favor of the plan in order to get the benefit now before costs increase and the wells go septic. Joe McBride, 9225 87th St, Vero Lake Estates, spoke in favor of the plan. James Anthony, 7775 96th Ct. , spoke against the plan believing that sewers should be done first, then water. Director Pinto explained it was more cost effective to get the water out there first and eliminate potential health problems, and it may not be necessary to put in the sewers. George Gonzalez, 735 14th Ave., Dixie Heights, spoke against, cited historical property value data, and theorized the proposed project was not economically justified. Chester Clem, representing Ro-ed Corp a passive owner of 255 lots in Vero Lake Estates, reviewed his hand -delivered letter, as follows: CLEM, POLACKWICH & VOCELLE ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A"•J4Sf SUITE 501 PROFESSIONAL ASSOCIATIONS* '�,V UNIVEST BUILDING CHESTER CLEM, P. AL ��! . 2770 INDIAN RIVER BOULEVARD ALAN S. POLACEWICH, SR„ kyr X VERO BEACH, FLORIDA 32860-4278 Louis R Vocmu, JR.; P. a •••��e G,nq JAMES A. TAYLOR, III L^1 =► $ , PAUL R. BERG C` �� Q �' (407) 562-8111 FAX (407) 562.2870 ROBERT GOLDEN `• _ OF COUNSEL February 20, 1995 *BOARD CERTIFIED IN CIVIL TRIAL PRACTICE Chairman and Members of the Board - of County Commissioners Indian River County, Florida Administration Building 1840 25th Street Vero Beach, Florida 32960 Gentlemen and Ladies: This firm represents Ro-ed Corporation, the owner of approximately 255 lots, plus non -platted portions, in the County's proposed Phase VI, Water Expansion Plan. I am taking this opportunity to express the position of my client to this project. Anyone owning 40 lots or more in a subdivision faces problems in selling or otherwise using real estate differing markedly from those owning one or even a few lots. An individual lot owner in Vero Lake Estates can, at present, purchase a lot, pull a building permit and build his house. Ro-Ed Corporation cannot do this, by virtue of being classified as a "developer," which is simply a function of the number of lots owned. One is a "developer" even if the lots have been passively owned for 30 years or more without any attempt to make a sale. 21 February 21, 1995 BOOK 4 oil" 396 mor 94 PAA 397 The primary problem relating to the ability to sell involves the requirements of Florida Statute 498, commonly referred to as the Land Sales Act. This Act sets forth the numerous requirements the owner of more than 40 lots must meet before a single sale can take place. In addition to available water, waste disposal and electricity, the main stumbling block, from a cost standpoint, is lack of paved streets and drainage. As recently as 1993, my firm undertook a study for Ro-Ed Corpora- tion to determine whether some of its lots could meet the State requirements to permit limited sales. We found the State require- ments to be extremely onerous, both from the standpoint of required documentation and demanded costs of improvement. Those costs were prohibitive when considering the public's demand for lots and the selling price for lots at the $5,000.00 level. The outlay of hundreds of thousands of dollars, with no return in the near future, could not be justified. As a result of this information, the project was dropped. It is true there has been an increase in building in this subdivi- sion within the last two years; but even if this rate of building is sustained, that amount is not significant when considering the total number of lots in the subdivision and the amount of time needed to absorb those lots in the market. If the water lines are installed as planned, the lots of Ro-Ed Corporation will be minimally benefitted, if=_at all, due to the restraints on 'their sale. A typical lot will be assessed for water construction purposes at $1,650.00 initially; and there is no way to recover this amount, since the lots are not available for sale at present. One could argue that the amount could be recouped if, in addition to the water supply, Ro-Ed Corporation somehow managed to have roads paved, draining installed and the other numerous requirements of the State met. The cost of this is simply prohibitive when considering the $5,000.00 lot sale range. Assuming paving at $1,200.00 to -$1,300.00 a lot and no additional provision for drainage, we have a lot cost of: Present lot price $5,000.00 Water cost 11650.00 Paving 1,200.00 Total cost $7,850.00 Add to this the $1,650.00 water tie-in fee when a residence is constructed -and the lots are now in the $9,500.00 range. This is an entirely different market then at present, when sales are at the $5,000.00 level. At $9,500.00, the lots of -Vero Lake Estates must compete with those of nearby -Sebastian Highlands and other developments that are in established communities, with many more amenities. Even if lots were readily saleable under some provision of the Land Sales Act, this water expansion project is questionable. Any assessment project must be shown to have a direct benefit to the property being assessed. Remember, we are typically dealing with $5,000.00 lots and the initial cost of the water project will be $1,650.00 a lot or one-third of its value. It borders on being confiscatory when one considers a like amount must be paid when the lot is sought to be used for constructing a residence. Essen- tially, two-thirds of the lot price is too high a price to pay. 22 February 21, 1995 - _M M From our knowledge of the area, there is no present justification for the proposed Phase VI water expansion in this area. If the County water system needs more customers to be economically sound, there must be other areas that can be better served. Here, the lots of Ro-Ed Corporation, which represent a substantial part of the total to be served, are not even on the market; and there is no present demand for water from those lots. There are also many other lots within this same area that are not being used and that will not be used in the foreseeable future. Thank you for considering this statement. Sincerely, ��Chester`�m�'' Paul Madison, 89th St. & 102nd Ct., was not in favor of the plan since he already has a water softener, R/O system, and two wells. He preferred to have other county services, especially drainage. Carol Capola, 7950 93rd Ave., spoke against the plan, but felt the area needed proper drainage. (It was determined she was not in the project area.) John Bailey, 9255 103rd Ave., north of Ro-ed property; said he already has good water; needs drainage. Howard Walker, 8306 93rd Avenue, owner of 17 lots, said it would be a financial hardship and was not in favor of the plan. Walter Hearn, 8365 93rd Ave., presented a petition with over 550 signatures and asserted that a majority of the residents in Vero Lake Estates were not in favor of the plan because of the prohibitive cost to the property owners. We the under signed residents of Nero lake Estates strongly oppose the proposed resolution relating to a SPECIAL ASSESSMENT (RECEIPT OF PETITIONS IS HEREBY ACKNOWLEDGED. PETITIONS HAVE BEEN RETURNED TO MR. WALTER HEARN.) Duke Oster, IRC Utilities Department project engineer, advised that they had closely coordinated the proposed project with Public Works Director Jim Davis who had agreed to hold up on the drainage 0 project for that area until the water line installation was completed using Public Works' plans. Walter Reed, of 101st Court, declared that he and his wife are disabled and were not in favor of the plan because they could not afford the assessment. 23 February 21, 1995 hoof, 94F;1e ! BOOK 94 P,�Ua 399 Richard Cook, 9075 104th Avenue, wondered why all of Vero Lake Estates was not included. He was not in favor of the project since his assessment, based on square footage, would be $13,857.39 and he has only one house. George Ireland, owner of 10 acres had received a notice of a $28,000 assessment, read a letter of protest from his neighbors on 104th Street. He advised that he bought his property with plans to retire but was just about getting taxed out. February 13;1995 Dear_ Commissioners We the undersigned;who are the owners of the six five acre parcels,in the area known as Less Pine Lakes Estates,located on the western edge of the proposed Water Expansion Plan Phase VI for Vero Lakes Estates Units H1,H2(see enclosed map);are writing this letter to voice our -strenuous objection to being included in with Vero Lakes Estates,in the said project. Firstly,0ur respective_5 acre parcels are located on west side of 104th Av.(an unmaintained road),between 89th and 92 street.They are all zoned agricultural, and in fact are used as such,either for pasturing livestock or raising ornamental plants.We all have small lakes with circulated water,fed by deep flow wells.in addition there are various shallow wells on each property.We don't need an additional water source. Secondly,You must acknowledge we do not share the problems that the owners of lots in the Vero Lakes Estates face,which on the average have 70 -feet of street frontage.Unlike these lots we have no fear of our drinking water being contaminated by a neighbors septic system or we in turn contaminating theirs. Thirdly,The proposed assessment of our five acre lots is absurd .There is only one occupied living dwelling permitted on each property;thus we can consume no more water than an individual lot owner in Vero Lake Estates.At the very most,we should be only assessed the same as the lots across the street. Fourthly,There are only five families living on the whole length of 104.ave where the water line is proposed to go. Collectively the undersigned vehemently object to being included irr Water Expansion Plan;and wish our properties to be excluded from the project. Respectfully, Stephen Mueller Ann Ritter ` George I rel and %7-1 �_—+�►/'� Richard Cook"r-� Sharon Kinchen `1 Pe- A , 1.-.` r - /LC e. �`��•a.fk �- 2©e�f�lC�i2 Gtr C�. i'ILI RC1 f 1 rc 24 February 21, 1995 / G_ j 1 J_ l L[_L ✓L CS'L e s !Lt LG1 --/ (NOTE: 26 LETTERS OF OPPOSITION WERE RECEIVED FROM PROPERTY OWNERS IN DIXIE GARDENS.) Jim Long, 9340 101st Court, Vero Lake Estates; was not in favor. He advised he has a serious drainage problem and reported there was trash on county property on 93rd Street where building materials had been thrown on the side of the road. Chairman Macht requested that staff investigate fully and agenda an item concerning trash removal procedures. Teresa Torcielo, land owner on 86th Street, spoke of major problems and high costs for water in her New Jersey home town. She was not in favor of the project. Walter Fred, 750 5th Avenue SW, spoke against the plan saying that 98% of the people in the neighborhood have good water and could not afford the assessment. Scott Vickers, 8885 98th Avenue, was not in favor and said that they could not afford to pay for something they do not want. George Hewett, 3750 97th Avenue, lived outside the project area, but doesn't want water where he lives. Elizabeth Mason, 665 27th Avenue, Dixie Heights, advised that some of the signatures on the petition of 550 signatures might not be from Vero Lake Estates property owners. Tom Clark, Vero Lake Estates, said he was in the water business, could provide good water to anyone who wanted it at a much lower cost and was,not in favor of the project. Gary Webster, 8926 103rd Street, advised that he and his fiancee worked for the county, and they were not in favor of the plan. He advised of a $.5 million machine the County owns that can't do its job. Chairman Macht directed staff to investigate the machine to which Mr. Webster referred. Henry Lyelle, Sebastian, owner of six lots and two homes in Vero Lake Estates stated he has perfect well water and is not in favor of the plan due to the cost. He inquired about the Fellsmere system built under the Farmers Home Administration provisions. Waldo Allen, owner of a lot in Vero Lake Estates, resident of Sebastian, advised he was not in favor of the plan. Bob Struck, 8826 104th Court, stated he has good water but wanted the drainage. He questioned why some drainage went north to south and others went south to north. 25 February Z1, 1995 soy �"; : 4U BOOK 94 PAGE 40 Craig Dunlap, 9365 103rd Avenue, emphasized he had moved away from high taxes to the country because employment was low in the county and citrus workers had to live half the year on unemployment. Sal Aguila, owner of property in Dixie Heights, spoke from a property investor's perspective. He did not think it was the proper time or proper project for the area and was not in favor. Earl Van Hart had purchased a lot with plenty of good water in Vero Lake Estates for investment. It would be a hardship for him to keep the property and lose money on his investment; therefore, he was not in favor of the plan. Dave Weaver, 460 11th Lane SW, read the following letter: Board of County Commissioners: 1840 25th Street February 20; 1995 Vero Beach, Florida 32960 Dear Commissioners: I feel I must protest my assessment of $6;998.68 for a single family residence on a 100' frontage lot for county water. I feel it is unfair to assess my home 4.4 times more than other homes in my area which have 100' frontage simply because my backyard is bigger than theirs. The assessment for a 100' x 100' lot in this area is $1,590.61. Even though I feel that this amount is excessive, it is within the realm of reason compared to the $6,998.68 I am being assessed. Section 153.05 of the Florida Statutes states "The Commission shall not confirm any assessment in excess of the special benefits to the property assessed". The benefit my single family residence will receive is equal to, not in excess of, any other single family residence. Section 206.07 of the County Ordinances states that the Commission "Shall adjust and equalize the assessments on the basis of justice and right". It is neither just nor right that my assesssment is 4.4 times that of other equally benefitted properties with 100' frontage. I could see the reasoning if I had 440' frontage and could divide it into 4 - 110' x 100' lots, but such is not the case. My lot has 100' frontage only and my home sits in the middle of the property. . Taking into account these reasonable objections, and in accordance with Florida Statute 153.05, paragraph 8 and County Ordinance, section 206.07, I ask that my assessment be lowered to $1,590.61, the same as a 100' x 100' lot. _ Thank you. .be &RA q A, MIt Lee) 7�O .:;'erb &a C/, F. February 21, 1995 S.7 , Mark T. Phillips 430 11 th Lane SW M M M Frances Betz, 9887 87th Court, a widow and 32 -year resident of Vero Lake Estates, lived on Social Security supplemented by baby sitting. She said she has delicious water and excellent septic tanks and was not in favor of the project. Bruce Crocker, 8826 101 Court, Vero Lake Estates, believed that, in a democratic society, if the people don't want something, they should have some control and not have it forced down their throats. He was against the plan. "Maria", of Vero Lake Estates, advised she had been paying taxes on her property for years and wanted something done about the streets and drainage first. She stated her well water was fine, and she was not in favor of the project. Eleanor Perroni, who moved here a year ago from Miramar, was opposed to the plan. Lena Reed, 8885 101st Court, said she was against the water but wanted better roads and drainage. There being no one else wishing to be heard, the Chairman closed the public hearing. Commissioner Bird thought Vero Lake Estates was somewhat unique because, although it has been developed as a subdivision, it is a rural area and people have bought out there and have chosen to live there because of the rural nature. He thought that in time it would be required to be done. However, he did not get a clear signal from the people of Dixie Gardens and Dixie Heights. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Adams, to 1) delete the Vero Lake Estates area from the project and 2) direct staff to recompute the project, leaving in the other areas, refigure the assessments, and_ advertise another public hearing specifically for those areas, to be held at night. Under discussion, Commissioner Tippin advised that the majority of his calls came from Dixie Heights and Dixie Gardens owners and they were against it also. He felt it was just too expensive and that it should be able to be done more economically. 27 February 21, 1995 Boor PAGE BOOK 94 PAGE 403 He recalled that he and his neighbors did it themselves, on 2-1/2 acre lots, with nine owners, at a cost of $2,700 each and two fire hydrants were included. He could not comprehend why there was such a drastic difference in the cost. He declared that the County cannot put people out of their houses and advised he would support the motion if it was to table all of the proposed program. Commissioner Bird believed that they were two completely different areas, found it difficult to consider both areas at one time, and preferred to focus on them separately. Commissioner Eggert agreed with Commissioner Bird and believed that, in fairness, the owners in Dixie Gardens and Dixie Heights, where the opinions seems to be a little diverse, should be given an opportunity to express themselves at a meeting. She supported the motion. Commissioner Adams felt that holding another hearing meant more time, money and effort, and perhaps it would be better to deal with it now. Commissioner Eggert believed they would have an opportunity to deal with it when new figures were available. If they decided against the project, they could stop it before scheduling the public hearing. Commissioner Adams felt very uncomfortable with the phases because subdivisions were combined that were not really connected. She would be more comfortable if the water phases had started somewhere in the middle, such as RS -8, then RS -6, and back it down, but not skipping to outlying areas, the AG or RS -1s. Many people moved out there to get away from urbanization, and then it jumped into their area, which makes it very difficult for her to support. She agreed with Commissioner Bird -that it was not important to get water service to this area at this time. Commissioner Eggert wondered if a compromise might help through an amendment which would address Commissioner Tippin's concern on Dixie Heights and Dixie Gardens. She suggested that it be brought back for discussion of whether or not to have a public hearing and if the figures do not appreciably change, it would simply stop there. 28 February 21, 1995 Commissioner Bird AMENDED THE SECOND PART OF HIS MOTION, and Commissioner Adams ACCEPTED THE AMENDMENT, to bring the item back for discussion with new costs and assessment figures in order to make a determination whether it should go on to a public hearing in the evening. Chairman Macht wondered if the Board should view the County geographically, rather than schematically, before expending staff time to do a project that evidently is not wanted, nor needed. Commissioner Eggert recalled that priorities had been set and there was some pressure for one reason or another and that was how these came up. Commissioner Adams defended staff's action and recounted that the Board had actually asked them to do the work. The Chairman CALLED THE QUESTION ON THE AMENDED MOTION and it CARRIED unanimously with all members present. 29 February 21, 1995 boa 94 wu- 404 POOK 94 f'AGE 405 WETLANDS PURCHASE CONSIDERATION Chief of Environmental Planning Roland DeBlois reviewed a Memorandum of February 16, 1995: TO: James Chandler County Administrator FROM: Robert M. Keating, AICP AAAK Community Development Director DATE: February 16, 1995 SUBJECT: WETLANDS PURCHASE CONSIDERATION It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of February 21, 1995. DESCRIPTION & CONDITIONS: For the past several years, the U.S. Fish & Wildlife Service (USFWS) has been working to.acquire the Kennedy tract, a 90 acre parcel on north Jungle Trail. Recently, USFWS obtained $750,000 in emergency land acquisition funding to be used for purchase of a portion of the Kennedy property. In applying for these funds, USFWS had anticipated that the $750,000 could be used to match county land acquisition bond funds, resulting in a joint USFWS and Indian River County purchase. Since late 1994, county planning staff have been working with USFWS on this project. Because a portion of the Kennedy tract is among the various sites submitted to the County's Land Acquisition Advisory Committee (LAAC) for purchase consideration in the current cycle of land acquisition site ranking, the county is moving ahead with the proposed USFWS/Indian River .County joint acquisition. Just recently, however, timing became an issue. Although USFWS received approval notification of its $750,000 funding request several weeks ago, USFWS just found out that the $750,000 must be committed by February 28, 1995; otherwise, USFWS will lose the money. At present, LAAO has not completed its current ranking cycle for properties currently on its acquisition list and those proposed for acquisition. Since that portion of the Kennedy tract (wetlands and an upland buffer) which is part of the proposed USFWS/county cost share is only a proposed LAAC project, the referenced property has not been formally added to the LAAC acquisition list. As scheduled, LAAC will not consider ranking this cycle's properties until its March meeting. 30 February 21, 1995 ANALYSIS: As indicated, timing is now a major issue. Because the USFWS must commit its $750,000 in emergency land acquisition funds by February 28 and because the county's participation in a joint purchase of a portion of the Kennedy tract with USFWS is necessary to commit USFWS's $750,000, the county must now commit funds to purchase a portion of the Kennedy property or lose a $750,000 cost share _opportunity. Although LAAC has not yet addressed the issue of whether the subject property should be included on the LAAC acquisition list, the Board of County Commissioners has expressed its support for USFWS acquiring the Kennedy tract. In May, 19941 the Board unanimously adopted a resolution supporting the USFWS proposed Kennedy property acquisition. A copy of the resolution is attached. To ensure that the $750,000 that USFWS has obtained to purchase a portion of the Kennedy tract is not lost, the Board of County Commissioners must, by February 28, 1995, provide a letter to USFWS, indicating that the county is committing $750,000 to match the USFWS money. In making this commitment, however, the county could still opt not to complete the purchase. Until a formal contract is executed, the county's funds would not be legally committed. At this time, the Board has several alternatives: The Board could send a letter to USFWS, committing to match USFWS's $750,000. If the subsequent LAAC site ranking does not include the referenced portion of the Kennedy property on LAAC's site acquisition list, the Board could readdress and, if inclined, withdraw its commitment. • The Board could table this issue until the February 28 meeting and request that LAAC consider this issue as a special matter at its February 22 site visit meeting. Although the February 22 LAAC meeting is focussed on field visits to nominated LAAC sites, formal business can be conducted at that meeting. The LAAC action can then be reported to the Board at the Board's February 28 meeting, and the Board's action could be communicated to USFWS by Fax. A final alternative is for the Board to reject the proposed joint purchase acquisition. RECOMMENDATION: Staff recommends that the Board authorize the vice chairman to sign the attached letter to USFWS, committing $750,000 of county land acquisition bond funds for a joint USFWS/Indian River County purchase of a portion of the Kennedy property. This commitment could be withdrawn prior to Board execution of a purchase contract. 31 February 21, 1995 oo� 9 F 406 Bm 94 FA,UL 407 The following letter was received: February 20, 1995 The Honorable Kenneth R Macht C. C. "Bud" KLECKNER Board of County Commissioners 7720INDIA N OAKS DRIVE, APT 1-203 Indian River County VERO BEACH, FL. 329166 1840 25th St. Vero Beach, FL. 32960 Dear Ken: When we wrote the attached on Friday we forgot all about Monday ( i.e. today's being "President's Day"), thus you will not be hearing from our members, except possibly those who helped compose this letter. As discussed in the attached, we in the "Conservation Committee" recommend very strongly that the Indian River County Commissioners authorize the expenditure of 3/4 million of the $26 million in the Bond issue that was approved by the electorate to match the Federal funds that are currently available to purchase the "Kennedy Tract". I'll not he redundant by restating our reasons for strongly recommending this "Emergency" us of the "Land Acquisition Bonds". As discussed, the funds needed to purchase this I and the "Koragngy"] tract have already been approved by the Electorate and the U.S.Fish and Wildlife Service would provide the funding for restoration and maintenance. Thus it's a "Win- Win" situation for the County! I'm sorry that I'll be unable to attend the Meeting of the Board of County Commissioners tomorrow. However, I would appreciate your inclusion of this letter in the back up material for this item. I have discussed the issue with the officers of the Pelican Island Audubon Society, the Pelican Island Preservation Society, the Indian River County Land Trust, the Historical Society and the Friends of the St. Sebastian River. All of these organizations contributed to the writing of this letter. Thus I can state that the "Indian River County Conservation Community" strongly recommends that the County match the Federal funds that are currently available for this purchase. Sincerely, Mr. DeBlois stressed that due to a short time frame on funding availability, the February 28th deadline did not allow for normal review to occur. He believed the tract was likely to be developed, that it was desirable for the County to acquire, and restore a citrus buffer. He suggested that the matter be on the agenda of tomorrow's Land Acquisition Advisory Committee (LAAC) meeting, and be brought back to the Board Tuesday, February 28, for final determination. Following staff's presentation and recommendation to send the letter, the Board questioned staff and discussed the advisability/ need for LAAC's review; whether LAAC members were familiar with the area; the size and price basis of the property; and the short time frame for the $750,000 funding. 32 February 21, 1995 Assistant County Attorney Terry O'Brien counseled that the letter was binding on the County and, if sent, should be reflective of the Board's actual intent. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously referred the matter for consideration of the LAAC at the meeting to be held _ February 22, 1995, and deferred action to the February 28, 1995, meeting. INDIAN RIVER FARMS WATER CONTROL DISTRICT PERMIT AND INTERLOCAL AGREEMENT General Services Director Sonny Dean reviewed the Memorandum dated February 13, 1995: DATE: FEBRUARY 131 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES BUWZCT: INDIAN RIVER FARMS WATER CONTROL DISTRICT PERMIT AND INTERLOCAL AGREEMENT BACKGROUND: The Indian River Farms Water Control District, (IRFWCD) has submitted a formal agreement with the County governing use of their right-of-way for the underground fiber optic cable that provides communications between the jail, administration building, and new courthouse. The agreement is for one year and calls for a annual cost of $2,076.00. ANALYSIS: Since this agreement has never been discussed with staff, this writer called and talked with John Amos of the IRFWCD to ascertain how the fee was determined and if it could be negotiated. Mr. Amos advised that his Board had set this maintenance fee based on $1,200 per mile right-of-way usage and all entities using their property were being -charged accordingly. RECOMMENDATIONS: Based on the above and the fact that the cable is providing a very useful service, staff recommends approval of the lease agreement. 33 February 21, 1995 408 800K 94 PAA 409 Director Dean advised that just about a week and a half ago he received the proposed lease agreement and, because he was unaware of the lease, called IRFWCD and was told we could "take it or leave it". Since the cable provides us with a very good service and use, staff is recommending approval of the agreement. Commissioner Adams asserted that, because of the continued right-of-way charges, the practice should be discontinued and other alternatives investigated. She believed the fiber optic cable route should be re-evaluated and relocated on County right-of-way. She remarked that it was County taxpayers' dollars that would be paying this rent and she could not support the agreement. Chairman Macht believed it might be time to meet with the IRFWCD Board to discuss these types of issues. Commissioner Tippin believed governmental committees ought to cooperate and save money to benefit the taxpayers. Director Dean advised he had posed that argument when he spoke with John Amos who had indicated that it was for right-of-way maintenance. Director Dean had countered that the County could mow it at least twice a year cheaper than this, if that's what they needed. His negotiation attempts were unsuccessful. Administrator Chandler recalled this agreement was only a part of it, that they had had meetings last year, and there were several agreements on last week's agenda to accommodate utility lines. Commissioner Tippin concluded it would be legitimate if there were administrative expenses on their part caused by the pipes or wires, but just renting the property was a different situation. Commissioner Bird asked if Director Dean could bring back an alternate route as well as costs for same. Director Dean explained that he could contact the people who laid the cable for a proposal for a new route and associated costs, but he believed it would be very expensive. Commissioner Adams asked if cost was not discussed initially. Director Dean recalled the only cost mentioned was the permitting fee, which was taken care of, and some argument about where the cables would be on their right-of-way, but he never heard anything about a lease or maintenance agreement. Commissioner Adams wondered what would be done next year when they came in and wanted $5,000. She suggested we bite the bullet, put it on County property, and let it be a lesson learned not to use anybody else's right-of-way. Chairman Macht thought we could do that and Director Dean acknowledged we'd have to cross their property in some areas since 34 February 21, 1995 over a mile of cable was involved. An alternate route across the airport had been considered, but the City of Vero Beach did not want that. The decision was made to use the shorter distance, save money for the County, and the route was chosen. Nothing was said then about a charge for leasing underground property. Commissioner Bird summarized what he thought was being asked, that Director Dean get the facts and relocation costs and bring it back to the Board for further consideration. Commissioner Eggert thought it also should be determined "what is maintenance" and if there was something the County could do in kind, like mow the strip. Commissioner Adams asserted there could be no end to what the County would have to do. Chairman Macht remarked that mowing was their responsibility. Commissioner Eggert explained it was part of fact gathering. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously tabled the matter and directed staff to bring back an alternate route on County right-of-way for the underground fiber optic cable and costs to relocate it. VERO LAKE ESTATES MASTER DRAINAGE PLAN - PROFESSIONAL PEEMMING SERVICES - CARTER & ASSOCIATES The Board reviewed a Memorandum of February 10, 1995: TO: James E. Chandler, County Administrator FROM.: James W. Davis, P.E. Public Works Director SUBJECT: Vero Lake Estates Master Drainage Plan - Professional Services for St. Johns River Water Management District - MSSW Conceptual Permit and USACOE Permits DATE: February 10, 1995 FILE: VLmssw.A= The Public Works Department staff has negotiated the attached Professional Civil Engineering Services Agreement with Carter and Associates for preparation of a Management and Storage of Surface Waters Permit application required by St. Johns River Water Management District and a USACOE Permit. The agreement has been reviewed and approved by the Vero Lake Estates Property Owners Association Road and Drainage Committee. 35 February 21, 1995 mor 94 FA jt 4-i9 ,Rm 94 Fn -L 4 11 After the Vero Lake Estates Drainage Master Plan was prepared in the mid and late 1980's,the St. Johns River water Management District revised Rule 40C-42, Management and Storage of Surface Waters, to permit the approval of a Conceptual Master Plan from which individual permits can be obtained on an expedited basis. The attached agreement provides for both county staff and the consultant. to perform certain tasks in preparing. the required applications for the Conceptual permit. Once the permit is obtained, individual permit applications could be prepared quickly by County staff for specific projects. The compensation to the consultant has been negotiated and is $75,650. The current fund balance in the Vero Lake Estates MSTU account is $782,472.90. It is recommended that the Agreement be approved and the Chairman be authorized to execute it on behalf of the VLE MSTU. Funding is to be from Fund 185-214-541-033.13. The attached budget amendment must be approved to allocate funding. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved:1) a Professional Civil Engineering Services Agreement with Carter Associates, Inc. for preparation of a Management and Storage of Surface Waters Permit application required by St. Johns River Water Management District and a USACOE Permit and 2) Budget Amendment 007 in the amount of $75,650, as recommended by staff. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Dira&nr BUDGET AMENDMENT: 007 DATE: FebnM 13, 1995 Entry Number Funds/DepartmeWAccount Name Account Number Increase Decrease 1. REVENUE VERO LAKES ESTATE/Cash Forward 185-000-389-040.00 $75,650 -So EXPENSE VERO LAKES ESTATE/Engineering Service 185-214-541-033.13 $75,650 SO PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 36 February 21, 1995 RESOLUTION AUTHORIZING CONDEMNATION FOR PAVING RIGHT-OF-WAY - 26TH STREET The Board reviewed a Memorandum of February 13, 1995: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: February 13, 1995 SUBJECT: RESOLUTION AUTHORIZING CONDEMNATION The staff has been unable to obtain the needed right of way from Bates Grove through negotiations to allow for the paving. of 26th Street between 66th Avenue and Village Green Mobile Home Park. This is the only parcel remaining that needs to be acquired to complete the project. The failure to acquire the land stems more from the legal proceedings concerning the property than a reluctance on the part of the owners. The imminence of a • condemnation proceeding may facilitate the acquisition. In view of the foregoing it is recommended that the attached resolution be adopted. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Resolution 95-29 declaring the acquisition for road right of way of a .23 - acre parcel on 26th Street west of 66th Avenue, Indian River County, Florida, to be a public purpose and a public necessity; and authorizing the acquisition of said parcel'by donation, purchase, or eminent domain. 37 February 21, 1995 Boa 94 p4u:412 Boob 94 Pxuc 413 RESOLUTION NO. 95— 29 ' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION FOR ROAD RIGHT OF WAY OF A .23—ACRE PARCEL ON 26TH STREET WEST OF 66TH AVENUE INDIAN RIVER COUNTY, FLORIDA, TO BE A PUBLIC PURPOSE AND A PUBLIC NECESSITY; AND AUTHORIZING THE ACQUISITION OF SAID PARCEL BY DONATION, PURCHASE, OR EMINENT DOMAIN. WHEREAS, the County has completed engineering design for paving 26th Street between 66th Avenue and Village Green Mobile Home Park; and WHEREAS, in order to construct a safe road the County has acquired an additional 30 -foot wide right of way north of the existing 30 -foot road right of way along the one-half mile section, except .for the Frank Bates Grove property; and and WHEREAS, the acquisition of a portion of the Frank Bates Grove property for road right of way is essential to completion of the project; and WHEREAS, the aforesaid acquisition is in the best interest of the people of Indian River County and is reasonably necessary for a county and public purpose, to wit: for providing a safe paved road for citizens utilizing this street; and WHEREAS, for the aforesaid reasons and purposes, Indian River County's acquisition of the fee simple absolute title in this parcel of real property is necessary; and WHEREAS, the specific parcel of real property that Indian River County needs to acquire for providing the safe paved road is set forth in attachment A; and WHEREAS, there are no mobile homes on the properties sought to _ be acquired. that: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 1. The Board of County Commissioners hereby adopts and ratifies those matters set forth in the foregoing recitals. February 21, 1995 W _ RESOLUTION NO. 95- 2 9 2. Indian River County's acquisition of the fee simple absolute title in the parcels of real property described in Attachment "A" is hereby found and determined to be necessary for the aforesaid reasons, uses, and purposes with acquisition by eminent domain to be made as authorized by Sections 127.01 and 127.02,_ F. S. 3. The County Attorney, his assistant, or designee is hereby authorized and directed to take whatever steps are necessary for Indian River County to acquire in its own name, by donation, purchase, or eminent domain proceedings ( Chapter 73 and 74, F. S .) , the fee simple absolute title in the parcel of real property described in Attachment "A". In acquiring the described parcel, the County Attorney, his assistant, or designee is authorized and directed to prepare, in the name of Indian River County, a declaration of taking, _ any and all papers or pleadings, or any other instrument or instruments. In acquiring these parcels the County Attorney, his assistant, or designee is further authorized and directed to prosecute any lawsuit or lawsuits to final judgment, and to defend or prosecute, if necessary, any appeal, either interlocutory or final. 4. The County Attorney, his assistant, or designee is hereby authorized and directed to take such further actions as are reasonably necessary to fully and completely accomplish the purposes hereinabove authorized and directed. The resolution was moved to adoption by Commissioner Eggert and the motion was seconded by Commissioner Bird , 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 Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye 39 February 21, 1995 moK 94 PAWL 1 BOOK 94 PAGE 41 RESOLUTION NO. 95- 2 9 The Chairman thereupon declared the resolution duly passed and adopted this 21 day of February , 1995. Attest: BOARD OF COUNTY COMMISSIONERS INDIAN RI ER COUNT FLORIDA By KENNETH R. MACHT, i Approved AdmlrL !(! AT TACHMENT " All LEGAL DESCRIPTION for Tract 15-1.0 Walker Avenue Frank Bates Groves, Inc. 3659 1st Street SW Vero Beach, Florida 32962 maev�jiji LEGAL DESCRIPTION for additional Right -of -Way for 26th Street: The North 30 feet of the South 60 feet of the West 10 acres Tract 15, 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 0.23 acres, more or less. February 21, 1995 40 =I Da to LN FDOT PUBLIC INFORMATION WORKSHOP - SR -60 PROPOSED Chairman Macht requested this item be added to the Agenda in order to inform the Board and the public of the following notice received from FDOT: PUBLIC INFORMATION WORKSHOP The Florida Department of Transportation will conduct a public information workshop on the proposed improvement to SR 60 in Osceola County and Indian River County. The workshop will be held on Thursday, March 9, 1995 from 10:00 AM to 12:00 PM, at the Holiday Inn Countryside, 8797 20th Street, Vero Beach, Florida 32966. The proposed improvements consists of widening State Road 60 (SR 60) from a two-lane undivided arterial to a multi -lane divided (four -lane) highway. The project, which basically runs west to east, begins approximately 91.44 m (300 ft) east of SR 15/US 441 in Yeehaw Junction in Osceola County and ends at SR 9 (I-95) west of Vero Beach in Indian River County, for a total project length of approximately 39.685 km (24.66 mi). The project includes five bridges: at MP 4.82 over the Padgett Branch Marsh, at MP 10.01 at a water control structure, at MP 10.55 at a water control structure, at MP 12.92 over the C-52 Canal, and the Bridge over the Turnpike. Public Involvement will play an integral role throughout the study. The public information workshop will be held to receive comments from the general public as well as to inform the public of the proposed project. Aerial maps will be on display and Department representatives and their consultants will be on hand during the workshop hours to informally discuss the project and to answer questions. Residents are encouraged to come in and review this transportation improvement proposal. Anyone needing special accommodations under the American Disabilities Act of 1990 should contact Randy Telford by telephone at (407) 686-7707 or by writing to Greenhorne & O'Mara, 701 Northpoint Parkway, West Palm Beach, Florida 33407 at least seven days prior to the information workshop.. NO ACTION REQUIRED OR TAKEN. 41 February 21, 1995 boos 94 416 moK 94 F�AGE4 7 GARDEN CLUB'S FLOWER SHOW AT THE COURTHOUSE Commissioner Eggert reviewed the February 17, 1995 letter from the Garden Club of Indian River County as follows: GARDEN CLUB OF INDIAN RIVER COUNTY 2526 17 AVENUE VIRO BEACH FL 32960 FEBRUARY 17, 1995 Commissioner Carolyn Eggert 1840 25 Street Vero Beach, FI 32960 Dear Carolyn: As you -know the County Commission granted permission to the Garden Club of Indian River County in the spring of 1994 to hold a flower show in the new County Courthouse. Plans have been under way since then to have the show on April 8 and 9, 1995. We have worked with Jeff Barton and other courthouse personnel to coordinate all plans. I have also had several conversations with Chairman Ken Macht who enthusiastically supported our plans. There have been questions concerning security during lire weekend of the show which we felt had been progressing well. It was our understanding that we would be able to set aside the conveyor belt and table at the entrance, but would have to leave the metal detector in place because it had very sensitive calibrations which might be disturbed if it were moved.. We felt we could work around the metal detector. Other security plans were still under discussion. On February 15, Lt. Batiste of the Indian River Sheriffs Department called me and said we would have to have written authorization from the County Commission to bypass the security at the entrance and would also be required to have one of.his staff members on duty when our members were in the building during hours when it is not normally open to the public and an additional officer when the show would be open to the public. At the rate of $23.00 per hour that would cost us $805.00 for security. If the metal detector also has to be in operation, we would have to pay for additional personnel to staff it. If, in fact, the Commission wants to encourage the public to use their new courthouse on weekends for special events as we have been told, the question of just how much security is needed and what the costs will be needs to be decided . Non profit, civic organizations such as ours certainly cannot pay such high costs. The need for security when the legal functions of the courthouse are in progress is evident; however, when there is a civic event confined to the public areas of the building the need becomes questionable. Under such - circumstanees, the courthouse would be much like other public buildings such as the Community Center or the Main Library. 1 have discussed the subject of security with Sheriff Gary Wheeler. He feels that it is wasteful and unnecessary to require armed guards and metal detectors when the courthouse is being used: for a special event. I le and 1 agree that a building and grounds staff member who Inas access to electrical panels, air conditioning controls, maintenance equipment etc. and who can open and close the building for us would serve our needs very 42 February 21, 1995 well. Sheriff Wheeler said that it would be possible to do a check of the public areas and restrooms Monday morning, April 10, before the courthouse opens for business if the Commission requests it. The Sheriff's Department will provide the usual security for the Saturday and Sunday First Appearance hours. The Garden Club of Indian River County has a long history of National Award winning flower shows in such buildings as the new Indian River County Main Library, the Community Center, The Center for the Arts, Riverside Theatre, The Agnes Walilstrom Youth Playhouse and the Medical ('enter. We have always had building personnel available and have hired security guards or had off duty sheriff's deputies only when we had outside displays which needed to be guarded during the night. In addition, our members act as hostesses to direct traflic How through the show, answer questions and keep an eye on our plants and arrangements. Our plan for the rcourthouse show includes thirty hostesses on duty throughout the building during the hours the building is open to the public. Please address the issue of security for the flower show, Architectural Impressions, April 8 and 9 as soon as possible. The Garden Club requests official permission to by-pass the metal detector and scanning equipment and to have a building and grounds person available during the hours we will be setting up and dismantling the show, as well as during the hours the show is open to the public. The attached sheet lists the hours we will need access to the courthouse. Thank you so much for your cooperation and consideration in this matter. Sincerely yours Mary P. raves Staging Chairman ARCHITECTURAL IMPRESSIONS PRELIMINARY SCHEDULE FOR COURTHOUSE ACCESS Friday, April? Saturday, April 8 8:00am - 8:30pm 6:30am - 6:30pm Sunday, April 9 8:30am - 7:00pm Friday: Properties setup in am Ilorticulture (container grown) 1:00-6:00pm - loading dock Exhibitors make preliminary staging arrangements 5:00-8:00pm Saturday Design Entries 7:00am-9:00am Horticulture (cut specimens) 7:00am-9:00am Judges' Coffee in Jury Assembly Room Judging begins 10:00am Show open 2:00pm-6:00pm Sunday Designers may replace and water plant material 9:00-10:00am Show open 11:00am-5:00pm 5:00=7:00pm removal of exhibits and dismantling of properties COURTHOUSE CLEANING CREW NEEDED FRIDAY AND SUNDAY NIGHTS AFTER SHOW PERSONNEL LEAVE 43 February 21, 1995 Boa P,�GE 418 L Boor 94 ph,U 1 Commissioner Eggert reviewed the remarks of Sheriff Gary Wheeler in his letter of February 16, 1995, as follows: *btrtf I Felanu ry 16, 1995 The Honorable CRmlyn Eggert Board of County Connlmissioners 18440 25th Street Vero Begch, Fl, 32960 GARY C. WHEELER • INDIAN RnIFr, COUNTY msmacn rn.ORIDA OM;PUFFs A*suclArION MFMRFR AR NATIONAL 6I~I6PnrrC A000CIATION - 4066 41 et AVENUE • VEHu WEACH. FLORIDA 32960-1808 rI,QNE 407469.6700 Re: t: "rardem Club of Indian River County Architectural Impco6siu;tlss Flower Show Uear Mrs. Eggert: As you requested, this letter pertains to tilt 1luwer show sponsored by the Garden Club of Indian River County bei ig iwld April Sth and 9th at the courthouse. I feel confident that the Sheriffs Office personnel can keep the court duties segregated from the Garden Club activities during tho period of time that the fudge islearing first appowances and domestio violence ngjcmcfion requmt5. There has been some talk of ueed for security during the event. I don't believe that will be neces.5ary. Ther public areas of the courthouse are the only areas that the public will have. access to during the show. Ihe rest of the building will be secured with no access by the public. Aliso; we will do a walk-tluuugh and £nal security check on Monday morrxb2g„ April 106%, prior to openixig the building back tip to the public. I would, however, recommend that someone from the County's General Services be available during the two-day functions in the event ofany building malfunction or special needs of tl>lc public. Should you want to discus this further, please give nose a call. Sincerely, Gary C. 'Wheeler, Sheriff r,CW: - cc: Kenneth X. Meat ht Fran B. Adams Richard N. Bird John W. Tippin Capt:. B. Wates 44 February 21, 1995 Commissioner Eggert thought it might be good not only to discuss this event, but to also have a general policy more in keeping with what Sheriff Wheeler projected in his letter. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Eggert, to waive the _ suggested security fee for the Garden Club flower show and to instruct staff to develop a policy to cover similar future events. Under discussion, it was determined that it would be an organization's responsibility to provide any additional security if they felt the need to guard something through the night. Chairman Macht asked that dedication of .the plaque with the motto by George Washington, "The administration of justice is the firmest pillar of freedom", which was previously approved, be held simultaneously with the opening of the flower show. There was -consensus to hold the unveiling and dedication of the plaque At 2 p.m. on April 8, outside the Courthouse and Chairman Macht will so advise the Garden Club. Director Dean requested direction on who was to pay for the additional staff hours, approximately $350 for three days, and custodial services for two additional nights, $220, for a total of $570. During discussion of the question, it was suggested that perhaps the Garden Club could do their own cleanup and that Director Dean should discuss clean-up procedures with them and report back to the Board. Commissioner Bird believed that if there was no admission charge for the show, he could agree to donate staff's overtime as part of the overall Courthouse opening, expose it to the public and all that, on a one-time basis. The Board decided to wait to hear from Director Dean after he has had an opportunity to discuss the matter with the organizers. THE CHAIRMAN CALLED THE QUESTION motion carried unanimously with all present. 45 February 21, 1995 and the members BOOK 94 PTFE ? BOOK 4 PAA 421. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would convene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District meeting, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:50 a.m. ATTEST: J. X..Batton, C1-erk t ady at tY. 1 b do.a Xn V r �� s `l� t � pp owed on 9 i tee♦ / ^ ^, b'�Y. y -�" I e ,G 46 February 21, 1995 cht, Chairman