HomeMy WebLinkAbout2/28/1995= MINUTESwiTTACHED =
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
Minutes are uaaooM Minutes of
REGULAR MEETING BCC Meting of February 28, 1995.
After approval by the Baard, they
will become the official record.
TUESDAY, FEBRUARY 28, 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
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Add Item 13-A-1, comment on legal
advertising.
2. Add Item 13-A-2, letter from Envirometrics.
3. Add Item 13-E, appointment to Planning and Zoning
Commission.
4. Add Item 14-A, 3 replacement pumps/Ten-8 Fire Equipment
Company.
5. Defer Item 9-A-4 until March 21, 1995 meeting.
6. Add Item 11-G-2, regarding PEP reef permit.
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of January 31, 1995
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board:
Indian River County Hospital District:
1. Financial Statements, Sept. 30, 1994
and 1993
2. Annual Local Government Financial
Report, Fiscal Year 1993-1994
B. Proclamation Designating March 8, 1995 as
RSVP Day in Indian River County
C. Request for Mike Ziegler to Serve as BCC
Appointee to IRC Extension Overall Advisory
Council, District IV
(memorandum dated February 15, 1995)
D. Request for Approval of Intergovernmental
Management Agreement for IRC School Board
Environmental Education Activities at the
Oslo Riverfront and Blue Cypress Marsh
Conservation Areas
( memorandum dated February 20, 1995 )
7. CONSENT AGENDA (cont'd. ):
E. Swale 5 Sodding Agreement - Gifford Groves S/D
( memorandum dated February 22, 1995 )
F. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated February 17, 1995 )
G. Release of County Assessment Liens
( memorandum dated February 17, 1995 )
H. Authorization for County Administrator to
Execute Certain Water & Sewer Assessment Lien
Releases on Behalf of the Board of County Comm.
( memorandum dated February 20, 1995 )
I. Authorization for the County Administrator to
Execute Certain Assessment Lien Releases on
Behalf of the Board of County Commissioners
( memorandum dated February 21, 1995 )
J. Request for Chairman's Signature - Application
for One Law Enforcement Position Under COPS
AHEAD Program
( letter dated February 22, 1995 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Clerk of Circuit Court:
Auditor Selection Committee Appointment
( memorandum dated February 22, 1995 )
9:05 a. m. 9. PUBLIC .ITEMS
A. PUBLIC HEARINGS
1. Request by Grace Baptist Church for
Special Exception Use Approval to Expand
An Existing Place of Worship
( memorandum dated February 21, 1995 )
2. Consideration and Formal Selection of
Neighborhood Revitalization Category for
Community Development Block Grant (CDBG)
Application Submittal
( memorandum dated February 20, 1995 )
3. Application for a Certificate of Public
Convenience and Necessity from Lifeline
Medical Services, Inc. to Provide Non -
Emergency ALS/BLS Interfacility Medical
Transport Services
( memorandum dated February 20, 1995 )
4. AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, RELATING TO MOTOR VEHICLES;
ESTABLISHING THE "COMBAT AUTOMOBILE
THEFT" PROGRAM, AS AUTHORIZED UNDER
THE FLORIDA UNIFORM TRAFFIC CONTROL
LAW
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
� s
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. Wetlands Purchase Consideration
( backup provided separately)
2. Consideration of Proposed Amendments to the
IRC Local Housing Assistance Plan
( memorandum dated February 20, 1995 )
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
1. Award Bid #4028 / Water Expansion Plan
Contract #3 ( Utilities Dept.)
( memorandum dated February 3, 1995 )
2. Old Courthouse Renovation Grant
Consultant Selection
( memorandum dated February 22, 1995 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Administrative Policy; Vehicle Guidelines
( memorandum dated February 20, 1995 )
G. PUBLIC WORKS
Resolutions to Provide for the Paving 8 Drainage
Improvements to and Set Public Hearing Date
for: 14th Street East of U.S.#1
( memorandum dated February 13, 1995 )
H. UTILITIES
1. Developer's Agreement with the National
Health Corp. L.P. , for Master Planned
Water Main Construction
(memorandum dated January 27, 1995)
2. Vero Beach Highlands Water Expansion
Resolutions I and II
( memorandum dated February 20, 1995 )
3. 9th Court Water Line Extension
Change Order No 1 & Final Pay Request
(memorandum dated February 9, 1995)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MRCHT
B. VICE CHAIRMAN FRAN B. ADAMS
�r
13. COMMISSIONERS ITEMS (cont'd.) :
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Gifford Landfill
( memorandum dated February 16, 1995 )
2. Consumptive Use Permit
Engineering Services
( memorandum dated February 15, 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.
February 28, 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 28,
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 P. J.
Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and County
Administrator Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Macht requested two additions to today's Agenda:
1. Item 13-A-1, a comment on legal advertising.
2. Item 13-A-2, letter from Envirometrics.
Commissioner Tippin requested the addition of Item 13-E,
appointment to the Planning and Zoning Commission.
County Administrator Chandler requested the addition of Item
14-A, 3 replacement pumps to be purchased from Ten -8 Fire Equipment
Company.
County Attorney Vitunac requested that Item 9-A-4 be deferred
until the March 21, 1995 meeting.
County Administrator Chandler requested the addition of Item
11-G-2, regarding the PEP reef permit.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously made the
above changes to the Agenda.
BOCK 9 4 �'m �A. 4242
FEBRUARY 28, 1995 1
Boa 4 r -Au 423
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of January 31, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of January 31,
1995, as written.
CONSENT AGENDA
Commissioner Eggert requested that Items 7-E, 7-H and 7-I be
removed from the Consent Agenda for discussion.
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. Indian River County Hospital District:
A. Financial Statements, September 30, 1994 and 1993
B. Annual Local Government Financial Report, Fiscal
Year 1993-1994
B. Proclamation/Retired Senior Volunteer Program Day
The Board reviewed the following Proclamation:
PROCLAMATION
WHEREAS, for the past ten years the Retired Senior Volunteer
Program of Indian River County has worked with over
55 non-profit agencies and organizations in Indian
River County to help in filling their volunteer
needs; and
WHEREAS, RSVP volunteers are senior citizens, age 55 or more,
who volunteer their time, talents, and experiences. of
a lifetime to the community; and
WHEREAS, in 1994 these* wonderful, caring, sharing seniors
contributed 110,000 hours of volunteer service to
Indian River County; and
WHEREAS, on March 8, 1995 the Retired Senior Volunteer Program
will hold a recognition luncheon for the 600 plus
members of this outstanding organization:
FEBRUARY 28, 1995 WE -
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMNIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that March 8, 1995 be designated as
RSVP DAY
in Indian River County, Florida. The Board urges all
citizens of Indian River County to support the
Retired Senior Volunteer Program, and the Board
further wishes to express appreciation for the
unselfish dedication of time and talents of these
deserving citizens of our county.
Adopted this 28 day of February, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
IL /.,ta
neth R. cht, Chairm n
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
designated March 8, 1995 as RSVP Day.
C. Request for Mike Ziegler to Serve as BCC Appointee to IRC Extension
Overall Advisory Council, District IV
The Board reviewed a Memorandum of February 15, 1995:
TO: Alice White, Administrative Assistant
Board of County Commissioners
FROM: Daniel F. Culbert, County Extension Director
VA" -
DATE: February 15, 1995
RE: Appointee to IRC Extension Advisory Council
I have asked Mr. Mike Ziegler if he would be willing to serve as the County Commission's
appointee to the IRC Extension Overall Advisory Council from District 4. Please offer this
suggestion to Commissioner John TipPin to see if it meets with his approval.
BOOK 94 PACS 424
FEBRUARY 28, 1995 3
BOOK 94 PAGE42
Mr. Ziegler was recently elected to the Natural Resource (Soil) Conservation Board. He
operates an agricultural consulting firm in our area and has a keen interest . in promoting
sustainable agricultural operations in our county. He recently began an organic farming
operation on his property.
Mr. Ziegler can be reached at 3375 - 12 Street, Vero Beach, FL 32960 or by telephone at
(home) 562-7322 - (work) 569-1598.
I will try to submit a nominee for District 3 Commission representative.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the appointment of Mike Ziegler as BCC Appointee to
the Indian River County Extension Overall Advisory
Council, District IV, as recommended by staff.
D. Intergovernmental Management Agreement for IRC School Board
Environmental Education Activities at the Oslo Riverfront and Blue Cypress
Marsh Conservation Areas
The Board reviewed a Memorandum of February 20, 1995:
TO: James 8. Chandler
County Administrator
D BEAD CONCDRRBRCB:
LOIA4. �
M. Rea �,ftDor
Community Devel
FROM: Roland M. DeBlois, AICD �
Chief, Environmental Planning
DATE: February 20, 1995
RE: Request for Approval of Intergovernmental Management
Agreement for IRC School Board Environmental Education
Activities at the Oslo Riverfront and Blue Cypress Marsh
Conservation Areas
It is requested that the data herein presented be given formal consideration by
the Board of County Commissioners at its regular meeting on February 28, 1995.
BACKGROUND:
In January, 1995, the Indian River County School Board received grant approval
from the St. Johns River Water Management District (SJRWMD) for environmental
education activities on SJRWMD owned conservation lands. Specifically, the
School Board has developed a proposed 1995 grant work plan for educational
activities at the Oslo Riverfront Conservation Area and Blue Cypress Water
Management Area (see attached maps).
As a formality of the approved environmental education grant, SJRWMD requires
that an Intergovernmental Management Agreement (attached) be executed by
applicable parties. Because Indian River County is 1/2 owner of the Oslo
Riverfront property and is involved in management of a portion of the overall
Blue Cypress Water Management Area, the County is a party to the Agreement.
Therefore, it is requested that the Board execute the attached Intergovernmental
Management Agreement.
FEBRUARY 28, 1995 � -
ANALYSIS:
In April, 1993, the Board approved a conceptual management plan for the Oslo
Riverfront property, which plan has since been approved by the SJRWMD. An
important aspect of the Oslo Riverfront management plan is promotion of
intergovernmental partnerships and grants to"fund and maintain the property for
conservation, education, and passive recreational use. The proposed Agreement
is an excellent example of such a partnership.
As proposed, the Intergovernmental Management Agreement:
• provides a term of 3 years with annual work plan updates identifying
approved activities;
• provides for County approval of types of activities and improvements
proposed;
• clarifies the School Boards role relating to costs for development,
operation, and management activities as proposed in annual work
plans.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the attached
Intergovernmental Management Agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Indian River County School Board Intergovernmental
Management Agreement Annual Grant Workplan for Blue
Cypress Water Management Area and for Oslo
Riverfront Conservation Area, as recommended by
staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
E. Swale and Sodding Agreement/Gifford Groves Subdivision
The Board reviewed a Memorandum of February 22, 1995:
TO: The Board of County Commissioners
FROM: jQ,'D� William G. Collins II - Deputy County Attorney
DATE: February 22, 1995
SUBJECT: Swale and Sodding Agreement - Gifford Groves Subdivision
The contractor for the developer of the Gifford Groves Subdivision has
executed a contract for completion of required Swale and related sodding
located within public rights -of -ways and drainage easements within the
Gifford Groves Subdivision. A cash escrow agreement in the amount of
$11,840.00 has been posted and executed to guarantee completion of the work
within one year of the execution of the contract.
RECOMMENDATION:
Authorize the Chairman to execute, on behalf of the County Commission, the
attached Contract for Construction of Required Improvements dated February
15, 1995 and the associated Cash Escrow Agreement of same date.
Bm. 94 ituE 426
FEBRUARY 28, 1995 5
Bna iF*!;;,C 427
Commissioner Eggert inquired whether the Helen Gregory swale
work in Gifford had been completed and Assistant County Attorney
Will Collins noted that the agreement being discussed was brought
about by the Gregory situation.
Administrator Chandler remarked that this situation is not
applicable to the Gregory situation as this property is a separate
development.
Commissioner Eggert felt that it should be clearly stated, in
writing, that the Gregory work be complete.
Public Works Director James Davis advised the Board that he
had been informed by Mr. Moler that the work on the Gregory swale
has been completed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Cash Deposit and Escrow Agreement and Contract
for Construction of Required Improvements with
Picerne Construction Corporation, with the
understanding that the Gregory work is complete, as
recommended by staff.
AGREEMENT AND CONTRACT ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
F. Cancellation of Outstanding Taxes/Properties Purchased for County
Use
The Board reviewed a Memorandum of February 17, 1995:
TO: B*4--
OARD OF COUNTY COMMISSIONERS
R.
)�4�
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: February 17, 1995
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some -right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax
Collector and the Property Appraiser.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolution cancelling taxes upon lands the County recently
acquired.
FEBRUARY 28, 1995
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 95-30 cancelling certain delinquent taxes
upon publicly -owned lands, pursuant to Section
196.28, Florida Statutes, as recommended by staff.
( rev i a -a e---)
Re: R/W - 58th Avenue
Parcel #17-33-39-00001-0090-00001.2
Martinez, Felix & Maria D.
RESOLUTION NO. 95- 30
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.;
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 1048, Page 1460, 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.
BOOK 9 4 2.
FEBRUARY 28, 1995 7
14
BOOK F�+ .2 E ;
RESOLUTION 95-30
The resolution was moved for adoption by Commissioner Eggert _, and
the motion was seconded by Commissioner Tippin , 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 28 day of February , 1995.
BOARD OF C UNTY COMMISSIONERS
INDIAN R COUNTY, IDA
Attest:
By JE- JM1f.9r1kW.19gV
enneth R. Macht, n
hairma
J. ton, C rk
�W�
ttachment: Deed0with Legal Description
Statutory Warranty Deed 12 / 14 / 94 (load2 % 58M%rd3) 131 V 3c
Parcel 007, R/W - 58th Ave.
Tax ID #17-33-39-00001-0090-00001.2
STATUTORY WARRANTY DEED
THIS INDENTURE, made this day of ,
1995, between
FELIX MARTINEZ and MARIA D. MARTINEZ, his
wife, whose address is 6088 S. Waterway Drive,
Miami, FL 33155, GRANTOR,
and
IN THE RECORDS OF
JEFFREY K. BAR77ON INDIAN RIVER COUNTY, a political subdivision of
CLERK CIRCUIT COURT the State of Florida, whose address is 1840 25th
INDIAN RIVER CO., FLA.
Street, Vero Beach, FL 32960, GRANTEE,
WITNESSETH:
U -That GRANTOR, for and in consideration of the sum of $10.00
LL
I `U. = ®$ and other good and valuable consideration to GRANTOR in hand paid by
�. N
w v H -o GRANTEE, the receipt of which is hereby acknowledged, has granted,
zInc
-C o
o > ; L- bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns
N
�r�- z 6 forever, the following described land, situate, lying, and being in
Gca
o 2
p z > Indian River County, Florida:
U
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and GRANTOR does hereby fully warrant the title to the land, and will
FEBRUARY 28, 1995
RESOLUTION 95-30
defend the same against the lawful claims of all persons whomsoever.
Nae, V � eC&4 C.s114- �1�n44' to ' s.
Signed in the presence of:
sign: a ,
itness qa,F cc is
printed name: Felix Martine
sign.
Witn s 4 R (�y T MQTZ
printed name: Maria D. Martinez
APPROVED AS TO FORM
ANDG LSUFFICIENCY:
STATE OF FLORIDA (✓J <
COUNTY OF DADE Charles P. Vllunac
County Attorney
Th oregoing instrument was acknowledged before me this Y
day of , 1995, by FELIX MARTINEZ and MARIA D.
MARTINEZ,'his wift. They are personally known to me or produced
lzv�e�-•was fdentication.
DOCUMENTARY STAMPS
DEED $
NOTE $
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
FEBRUARY 28, 1995 9
sign
printed name:
Commission
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-Deed Line
KJNG'S HIGHOY
S�tlon Une �T
LEGAL DESCRIPTION
SCALE: 1' -too'
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E 1/4 Cor. Sec. 17
T33S, R39E
Charles A. Cramer, P.L.S. Reg. #4094
Indian River County Surveyor
911 w tl n 1 nn
1840 25th St, Vero Beach, FL 32960
(407) 567-8000
THIS IS NOT A SURVEY
SKETCH M AC< )WANY LEGAL. DESCRIPTION
Ov
Cn
The West 31 feet of the East 136 feet of the South 168.24 feet of the North 660 feet of the
Northeast 1/4 of
the Southeast 1/4 of Section 17, Township 33 South, Range 39 East, according to the last general
plat of the lands
of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St.
Lucie County, Florida
it
further described as follows:
Commence at the East 1/4 corner of Section 17 and run N 89'21'28" W a distance of 136 feet to a point. Then run
S 00'24'47' W a distance of 491.76 feet to the POINT OF BEGINNING. Then
Continue S 00'24'47' W a distance of 168.24 feet to a point. Then run
S 89'21'28" E a distance of 31 feet to a point. Then run
N 00'24'47" E a distance of 168.24 feet to a point. Then run
N 89'21'28" W a distance of 31 feet to the POINT OF BEGINNING.
Containing 5,215.44 square feet, or 0.12 acres, lying in Indian River County, Florida.
CERTIFICATION
I, Charles A. Cramer, hereby certify that I am a registered Professional Land Surveyor licensed to practice in the state
of Florida, that this sketch was made under my immediate supervision, and that it is accurate and
in Chapter 21 HH -6 of
correct. I further
the Florida Admin—
certify that this sketch meets the Minimum Technical standards as described
istrative Code, pursuant to F.S. Chapter 472. PREPARED FOR
INDIAN RIVER COUNTY,
/% ENGINEERING
DEPARTMENT
Charles A. Cramer, P.L.S. Reg. #4094
Indian River County Surveyor
911 w tl n 1 nn
1840 25th St, Vero Beach, FL 32960
(407) 567-8000
THIS IS NOT A SURVEY
SKETCH M AC< )WANY LEGAL. DESCRIPTION
Ov
Cn
G. Release of County Assessment Liens
The Board reviewed a Memorandum of February 17, 1995:
TO: The Board of County Commissioners
FROM: ancy H. Mossali - Legal Assistant, County Attorney's Office
DATE:, February 17, 1995
SUBJECT: RELEASE OF COUNTY ASSESSMENT LIENS -
ASSESSMENT PROJECTS 8418, 8610, 8709, 8711, 8845, 8926,
9017, 9019, 9043, 9046, 9114,
A routine form of Release has been prepared for each of the following
assessment projects to release the below listed paid assessment liens:
1. Assessment Project No. 8418* (paving and drainage improvements -
10th Court, S.W. between 11th Street, S.W. and 9th Street,
S.W.):
Release from Lien:
° The East 128 feet of the South 110 feet of the North 130 feet
of the West 10 acres of the East 20 acres of Tract 4, Section
25, Township 33 South, Range 39 East, LESS the East 10 feet
of the South 110 feet of the North 330 feet.
* Properties herein being released from Project No. 8418 are fully described
in the assessment roll attached to Resolution No. 91-182, recorded at O.R.
Book 917, Page 2894, Public Records of Indian River County, Florida.
2. Assessment Project No. 8610* (paving and drainage improvements -
Floral Park and Ranch Estates Subdivisions) :
Release from Lien:
° Lots 7, 8 & 9, Block 1, Ranch Estates Subdivision
° Lots 3 & 4, Block 3, Ranch Estates Subdivision
° Lots 11 & 12, Block 3, Ranch Estates Subdivision .
° Lot 1, Block 4, Ranch Estates Subdivision
° Lot 7, Block 4, Ranch Estates Subdivision
° Lot 8, Block 4, Ranch Estates Subdivision
° Lot 10, Block B, Floral Park Subdivision
° N 50. feet of Lots 21 & 22, Block B, Floral Park Subdivision
° Lot 13, Block B, Floral Park Subdivision
° Lots 17 & 18, Block B, Floral Park Subdivision
° Lots 19 & 20, Block B, Floral Park Subdivision
* Properties herein being released from Project No. 8610 are fully described
in the assessment roll attached to Resolution No. 92-215, recorded at O.R.
Book 955, Page 2778, Public Records of Indian River County, Florida.
Boa 94 pt'k • "
FEBRUARY 28, 1995 11
BOOK 94 PAGE 43
3. Assessment Project No. 8709* (paving and drainage improvements - 42nd
Avenue between 10th and 12th Streets, Malaluka Gardens
Subdivision) :
Release from Lien:
° Lot 11 and SJ of Lot 12, Block A. Malaluka Gardens
Subdivision
° Lot 9, Block B, Malaluka Gardens Subdivision
° Lots 7 & 8, Block L, Malaluka Gardens Subdivision
° N 30 Feet of Lot 18 and Lot 19, Block M, Malaluka Gardens
Subdivision
* Properties herein being released from Project No. 8709 are fully described
in the assessment roll attached to Resolution No. 90-162, recorded at O.R.
Book 943, Page 1480, Public Records of Indian River County, Florida.
4. Assessment Project No. 8711* (paving and drainage improvements -
44th Avenue between 18th Street and Pinewood Subdivision) :
Release from Lien:
° East 175 feet of West 10 acres of East 20 acres of Tract 16,
less East 25 feet and North 1070.8 feet
* Properties herein being released from Project No. 8711 are fully described
in the assessment roll attached to Resolution No. 90-168, recorded at O.R.
Book 943, Page 1476, Public Records of Indian River County, Florida.
5. Assessment Project No. 8845* (paving and drainage improvements -
Frangipani Drive from C.R. 510 to Magnolia Drive) :
Release from Lien:
° Lot 4, Block B, Oceanaire Heights, Unit No. 1
° Lot 5, Block B, Oceanaire Heights, Unit No. 1
° Lot 6, Block B, Oceanaire Heights, Unit No. 1
° North i of Lot 9 & all of Lot 10, Block B, Oceanaire Heights,
Unit No. 1
° Lot
12,
Block
E,
Oceanaire
Heights,
Unit
No. 2
° Lot
10,
Block
H,
Oceanaire
Heights,
Unit
No. 3
° Lot
11,
Block
H,
Oceanaire
Heights,
Unit
No. 3
* Properties herein being released from- Project No. 8845 are fully described
in the assessment roll attached to Resolution No. 91-11, recorded at O.R.
Book 943, Page 1464, Public Records of Indian River County, Florida.
FEBRUARY 28, 1995
M s r
6. Assessment Project No. 8926* (paving and drainage improvements -
33rd Avenue, S.W. between 13th Street, S.W. and 15th Street,
S.W. in Grovenor Estates Subdivision) :
Release from Lien:
° Lot 15, Block 29, Grovenor Estates Subdivision, Unit 2-A
° Lot 15, Block 37, Grovenor Estates Subdivision, Unit 2-A
* Properties herein being released from Project No. 8926 are fully described
in the assessment roll attached to Resolution No. 92-101, recorded at O.R.
Book 943, Page 1455, Public Records of Indian River County, Florida.
7. Assessment Project No. 9017* (paving and drainage improvements - 3rd
Place between 32nd Avenue and 35th Avenue in Emerson Park
Subdivision) :
Release from Lien:
23,
Block
° Lot 1,
Block J,
Emerson Park
Subdivision
° Lots 2
& 3, Block J, Emerson
Park Subdivision
° Lots 4
& 5, Block J, Emerson
Park Subdivision
° Lot 6,
Block J,
Emerson Park
Subdivision
° Lot 7,
Block J,
Emerson Park
Subdivision
° Lot 9,
Block J,
Emerson Park
Subdivision
° Lot 10,
Block J,
Emerson Park
Subdivision
° Lot 11,
Block J,
Emerson Park
Subdivision
° Lot 12,
Block J,
Emerson Park
Subdivision
° Lots 13
& 14, Block J, Emerson Park Subdivision
° Lot 15, Block J, Emerson Park Subdivision
° Lots 16 & 17, Block H, Emerson Park Subdivision
° Lots 18 & 19, Block H, Emerson Park Subdivision .
° Lot 20, Block H, Emerson Park Subdivision
° Lot 21, Block H, Emerson Park Subdivision
° Lot 22, Block H, Emerson Park Subdivision
° Lot
23,
Block
H,
Emerson Park
Subdivision
° Lot
26,
Block
H,
Emerson Park
Subdivision
° Lot
27,
Block
H,
Emerson Park
Subdivision
° Lot
28,
Block
H,
Emerson Park
Subdivision
° Lot
29,
Block
H,
Emerson Park
Subdivision
° Lot
30,
Block
H,
Emerson Park
Subdivision
* Properties herein being released from Project No. 9017 are fully described
in the assessment roll attached to Resolution No. 92-99, recorded at O.R.
Book 943, Page 1447, Public Records of Indian River County, Fl da.
94 oa434
FEBRUARY 28, 1995 13
boof 9 435
8. Assessment Project No. 9019* (paving and drainage improvements -
Seagrspe Drive between C.R. 510 and Magnolia Lane in Odeanaire
Heights Subdivision) :
Release from Lien:
° Lot 4, Block A, Oceanaire Heights Subdivision, Unit 1
* Properties herein being released from Project No. 9019 are fully described
in the assessment roll attached to Resolution No. 92-100, recorded at O.R.
Book 943, Page 1433, Public Records of Indian River County, Florida.
9. Assessment Project No. 9043* (paving and drainage improvements -
1016t Avenue between 87th Street and C.R. 512 in Vero Lake
Estates):
Release from Lien:
° Lots 7 & 8, Block F, Vero Lake Estates Subdivision, Unit H-1
° Lots 12 & 14, Block G, Vero Lake Estates Subdivision, Unit
H-1
° Lots 11 & 12, Block J, Vero Lake Estates Subdivision, Unit
H-1
* Properties herein being released from Project No. 9043 are fully described
in the assessment roll attached to Resolution No. 91-95, recorded at O.R.
Book 940, Page 1116, Public Records of Indian River County, Florida.
10. Assessment Project No. 9046* (paving and drainage improvements -
126th Street between 78th Avenue and 79th Avenue (Elaine Street) in
Roseland Lake Subdivision) : .
Release from Lien:
° Lot 3, Roseland Lake No. 2
° Lot 4, Roseland Lake No. 2
° Lot 6, Roseland Lake No. 2
° Lot 10 less southerly 5 feet lot line of Lot 10 and southerly
10 feet of Lot 11 parallel to southerly lot line of Lot 11,
Roseland Lake No. 2
* Properties herein being released from. Project No. 9046 are fully described
in the assessment roll attached to Resolution No. 94-17, recorded at O.R.
Book 1012, Page 2810, Public Records of Indian River County, Florida.
11. Assessment Project No. 9114* (street lighting improvements - Glendale
Lakes Subdivision) :
Release from Lien:
° Lot 14, Block 5, Glendale Lakes Subdivision
° North 80 feet of Lot 4 and all of Lot 5, Block 6, Glendale
Lakes Subdivision
* Properties herein being released from Project No'. 9114 are fully described
in the assessment roll attached to Resolution No. 91-78, recorded at O.R..
Book 904, Page 2453, Public Records of Indian River County, Florida.
FEBRUARY 28, 1995 14
REQUESTED ACTION:
It is requested that the Board authorize the Chairman to execute said
Releases.
Back-up information for the above is , on file in the County Attorney's Office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the releases of County assessment liens, as
recommended by staff.
LIEN RELATED DOCUMENTS ARE -ON FILE IN THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY
H. Authorization for County Administrator to Execute Certain Water &
Sewer Assessment Lien Releases on Behalf of the Board of County
Commissioners
The Board reviewed a Memorandum of February 20, 1995:
TO: Board of County Commissioners
f zL R.
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: February 20, 1995
RE: Authorization for County Administrator to Execute
Certain Water and Sewer Assessment Lien Releases
on Behalf of the Board of County Commissioners
The Chairman of the Board of County Commissioners signs all paperwork for a
customer on pay-off to be released on the Public Records from a lien created
by a special assessment. This is an on-going daily process which could be
streamlined by having the Board authorize the County Administrator to sign
these releases on its behalf.
Requested Action: Board authorize the County Administrator to sign water and
sewer assessment releases on its behalf.
Boo94
f. rxL c
-36
FEBRUARY 28, 1995 15
BOOK 94 PACE 437
Commissioner Eggert wanted to be certain that the Resolutions
call for authorizing the County Administrator, or his designee,
pursuant to her previous motion of February 21, 1995 and asked that
the Resolution be amended to reflect that addition.
County Attorney Vitunac assured the Board that would not be a
problem.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-31 authorizing the County
Administrator to execute certain water and sewer
assessment lien releases on behalf of the Board as
amended to include the language "or his designee".
RESOLUTION NO. 95-_ 31
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE CERTAIN WATER AND SEWER
ASSESSMENT LIEN RELEASES ON BEHALF OF THE BOARD.
WHEREAS, the County, through its special assessment process, assesses
certain benefited property owners for water and sewer improvements; and
WHEREAS, these assessments are recorded in the Public Records of Indian
River County and are liens against the benefited properties until satisfied
by a recorded Release; and
WHEREAS, after each assessment has been fully paid, a release is
prepared, placed on the agenda of the Board of County Commissioners for
authorization to execute, and then recorded in the Public Records of Indian
River County; and
WHEREAS, it would be beneficial to streamline this process by having the
Board authorize the County Administrator, or his designee, to sign these
releases 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
FEBRUARY 28, 1995 Ift -
� a �
RESOLUTION 95-31
Administrator, or his designee, to execute water and sewer assessment lien
releases, provided that the releases contain a notary acknowledgment and the
signatures of the County Attorney and the Utility Services Director.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner
put to a vote, the vote was as follows:
Adams
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
, and, upon being
The Chairman thereupon declared the resolution duly passed and adopted
this 28 day of February, 1995.
Attest:
Jef Bart , Clerk
6VI,
BOARD OF COUNTY COMMISSIONERS
INDIAN VER COUNTY, FLORIDA
By
Kenneth R. Macht
Chairman
I. Authorization for the County Administrator to Execute Certain
Assessment Lien Releases on Behalf of the Board of County Commissioners
The Board reviewed a Memorandum of February 21, 1995:
TO: �.,,_,,The Board of County Commissioners
FROM: N� Nancy H. Mossali - Legal Assistant, County Attorney's Office
THROUGH: Charles P. Vitunac - County Attorney
DATE: February 21, 1995
SUBJECT: Authorization for the County Administrator to Execute Certain
Assessment Lien Releases on Behalf of the Board of County
Commissioners
In an effort to streamline the process of releasing paving, drainage, street
lighting and other assessment liens from the Public Records of this County,
the attached Resolution has been prepared for your consideration in
authorizing the County Administrator to sign certain assessment lien
releases. '
FEBRUARY 28, 1995 17 FSG`
BOOK 9 `',�i,
RECOMMENDED ACTION:
Adopt the attached Resolution authorizing the County Administrator to
execute assessment lien releases for paving, drainage, street lighting and
other improvements which have been paid in full, provided that the releases
contain a notary acknowledgment and the signatures of the County Attorney
and the Tax Collector.
Commissioner Eggert wanted to be certain that the Resolutions
call for authorizing the County Administrator, or his designee,
pursuant to her previous motion and asked that the Resolution be
amended to reflect that addition.
County Attorney Vitunac assured the Board that would not be a
problem.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-32 authorizing the County
Administrator to execute certain assessment lien
releases on behalf of the Board, as amended to
include the language "or his designee", as
recommended by staff.
RESOLUTION NO. 95-32
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE
CERTAIN ASSESSMENT LIEN RELEASES ON BEHALF
OF THE BOARD.
WHEREAS, Indian River County, through the special assessment
process, assesses certain benefitted owners of real property for paving,
drainage, street lighting and other improvements; and
WHEREAS, said assessments are recorded in the Public Records of
Indian River County, Florida and are liens against the benefitted properties
until satisfied by a recorded Release; and
WHEREAS, after each- assessment has been fully paid, a Release
is prepared, placed on the agenda of the Board of County Commissioners for
authorization to execute, and thereafter recorded in the Public Records of
Indian River County, Florida; and
FEBRUARY ss, 1995 � _
RESOLUTION 95-32
WHEREAS, it would 'be beneficial to streamline this process by
having the Board authorize the County Administrator or his designee to sign
such Releases 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 execute
assessment lien releases for paving, drainage, street lighting and other
improvements, provided that the releases contain a notary acknowledgment
and the signatures of the County Attorney and the Tax Collector.
This resolution was moved for adoption by Commissioner Eggert,
and the motion was seconded by Commissioner Adams, and, upon being put
to a vote, the vote was as follows:
Chairman 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 28th day of February, 1995.
Attest:
K. Ba on, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Kenneth R: Macht, Chair an
T. AnnNcation for One Law Enforcement Position Under COPS AHEAD
Program
The Board reviewed a letter of February 22, 1995:
FEBRUARY 28, 1995 19
6berdl
Boa 94 FAGS 4A.1
GARY C. WHEELER • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41st AVENUE • VERO BEACH, F IDA 32960/.178
PHONE 407-569-6700
February 22, 1994
,.ko
\J Vv
The Honorable Kenneth K Macht, Chair
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Macht:
On January 24, 1995, the Board of County Commissioners approved our agency's request
to file an intent to participate in the COPS AHEAD program with the Department of
Justice. The County Commission was advised by the Department of Justice that the
application kit must be submitted by March 3, 1995. Forwarded herewith is a copy of
that application for one law enforcement position under that grant. I am requesting that
this application be placed before the Commission on February 28, 1995, in the Consent
Agenda.
We stand ready to provide any information you may require concerning this matter. I
will attend the Commission meeting on February 28th to assist you as you request.
Sincerely,
Gary C. Wheeler, Sheriff
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized the Chairman to* execute the Application
for Federal Assistance, Assurance, Certification and
Disclosure documents, as recommended by staff.
APPLICATION AND RELATED DOCUMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 28, 1995 20
CLERK OF CIRCUIT COURT/AUDITOR SELECTION COMNMTEE
APPOINTMENT
The Board reviewed a Memorandum of February 22, 1995:
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: FEBRUARY 22, 1995
SUBJECT: AUDITOR SELECTION COMMITTEE APPOINTMENT
FROM: EDWIN M. FRY, JR.
FINANCE DIRECTOR
BACKGROUND
The contract with the County's auditors, Coopers & Lybrand, LLP,
was completed with the audit of the 1994 Fiscal Year. Section
11.45, Florida Statutes establishes the procedure to be followed in
acquiring the services of an independent certified public
accountant to perform the audit of the County. Section 11.45, F.S.
requires the establishment of an auditor selection committee. The
auditor selection committee is composed of the clerk of the circuit
court, the property appraiser, the sheriff, the supervisor of
elections, the tax collector, and one.member of the board of county
commissioners or its designee. The purpose of the auditor selection
committee is to obtain information from certified public
accountants who desire to provide auditing services to the county,
to evaluate the capabilities and other factors of those who desire
to provide auditing services, and to "select no fewer than three
(3) firms deemed to be the most highly qualified to perform the
required services". The names of the firms selected are provided to
the board of county commissioners and the board negotiates a
contract with one of the firms.
RECOMMENDATION
The Board of County Commissioners appoint one member of the Board,
or a designee, to the auditor selection committee.
County Clerk Jeffrey Barton advised the Board that the current
5 -year contract with the auditors has expired and an Auditor
Selection Committee has been established to determine the auditor
for the County for the coming 5 -year period. The first meeting of
the committee is on Friday, March 10, 1995, at 2:00 p.m. and the
Board needs to appoint a member of the Board to that committee.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously appointed
Commissioner Richard N. Bird to the Auditor
Selection Committee.
®aaK 94 Pace 4
FEBRUARY 28, 1995 21
BOOK :94 r atL 443
REQUEST BY GRACE BAPTIST CHURCH FOR SPECIAL EXCEPTION
USE APPROVAL TO EXPAND AN EXISTING PLACE OF WORSHIP
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 -Journal, 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 I•f ���' ��J
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. /
Si6rh 10 61d, subscribed' before me this' 0 day ot. �% 1 A. 0. 19 �" vr'
(Business Manager)
(StAy
• ,. tial:.. / 1 .• ! _'_ .. . .
NOTICE OF PUBLIC HEARING
Notice of has" to consider the granting nl srx'
dal exception use approval for an expansion to m
existing place of worft. The suhlerr•t proWty r
ownedby 'Grace Baptist Church, and dr,
:"tear at 1205 43rd 'A, in Section 09. Towr
ahtp 33 and Range 39. See the above map for ne
"teflon.
A ptlbdc hear6g at whin parties in interest alw
dd>ens shaA fteve an opportunity to be heard, wB,
be held by the Board of County Conmdssioners o
Yellen River County, Florida. in the County Comntis
cion Cttarc�era o1 the Canty Adminisbatbn Build
Yg located at 1840 2501 Street. Vero Beach. Flo;
Ida on Tuesday, February 28,1995 at 9:05 a.m.
Aryorle who may vv4sh to eppesf
sure whichttU vebe l n r� of the pro�rgs is
made. which Includes testimony and evidence upa+
which the epp�al Is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA
TION FOR THUS MEETMO NWST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACI
tLEAST COORDINATOR8 HH�OURRM ADVA567-8000
CE OF0THE2MtEET`
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY44WMelh R. Mach, cheinnan
Feb. 3,1995 117091E
The Board reviewed a Memorandum of February 21, 1994:
FEBRUARY 28, 1995
22
T.eq
'...-.
T
IS,"� Ft 4Ct
y yr
r'O
N tSITEN-
s, u
a
,_a e6
.
° —
121
9
NOTICE OF PUBLIC HEARING
Notice of has" to consider the granting nl srx'
dal exception use approval for an expansion to m
existing place of worft. The suhlerr•t proWty r
ownedby 'Grace Baptist Church, and dr,
:"tear at 1205 43rd 'A, in Section 09. Towr
ahtp 33 and Range 39. See the above map for ne
"teflon.
A ptlbdc hear6g at whin parties in interest alw
dd>ens shaA fteve an opportunity to be heard, wB,
be held by the Board of County Conmdssioners o
Yellen River County, Florida. in the County Comntis
cion Cttarc�era o1 the Canty Adminisbatbn Build
Yg located at 1840 2501 Street. Vero Beach. Flo;
Ida on Tuesday, February 28,1995 at 9:05 a.m.
Aryorle who may vv4sh to eppesf
sure whichttU vebe l n r� of the pro�rgs is
made. which Includes testimony and evidence upa+
which the epp�al Is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODA
TION FOR THUS MEETMO NWST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACI
tLEAST COORDINATOR8 HH�OURRM ADVA567-8000
CE OF0THE2MtEET`
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY44WMelh R. Mach, cheinnan
Feb. 3,1995 117091E
The Board reviewed a Memorandum of February 21, 1994:
FEBRUARY 28, 1995
22
TO: James E. Chandler
County Administrator
DI SION HEAD CONCURRENCE:
r"r. 9,1
Robert M.a tin AIC
Community Develo nt irector
THROUGH: Stan Boling,AICP
Planning Director
FROM: Eric Blad -1457
Staff Planner, Current Development
DATE: February 21, 1995
SUBJECT: Request by Grace Baptist Church for Special Exception Use
Approval to Expand an Existing Place of Worship [SP-MA-
95-02-10/IRC #94050020-0021
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners.at its regular
meeting of February 28, 1995.
DESCRIPTION AND CONDITIONS:
Mosby & Associates, Inc., on behalf of Grace Baptist Church, has
submitted an application for major site plan approval and special
exception use approval to expand the facilities of an existing
place of worship. The approved site plan proposes this expansion
to be constructed in phases over a period of 5 years. No child
care, private school, or parsonage uses are proposed.
The subject site is located at 1285 43rd Avenue on the west side of
43rd Avenue north of 12th Street. Since the subject site is
located within the RS -3 zoning district, special exception use
approval must be granted for the proposed expansion of a place of
worship.
At its January 26, 1995 meeting, the Planning and Zoning Commission
voted unanimously to conditionally approve the major site plan
application subject to the Board of County Commissioners approval
of the special exception request, and to recommend that the Board
of County Commissioners approve the special exception use request,
as recommended at the end of this report. Therefore, the
conditional site plan approval will become effective upon the
Board's approval of the special exception use request. In response
to concerns expressed by residents to the west of the subject site,
the Planning and Zoning Commission attached to its recommendation
to the Board a condition to increase from 15' to 25' the width of
the landscape buffer required along the subject site's west
boundary. This recommendation is incorporated into staff's
recommendation at the end of this report (see condition #3 of the
recommendation).
BOOK 94 Fwt-,C 444
FEBRUARY 28, 1995 23
BOOK PA. I 4
Pursuant to section 971.05 of the LDRs, the Board is now to
consider the appropriateness of the requested use based on the
submitted site plan and suitability of the site for that use. The
Board may approve, approve with conditions or deny the special
exception use request. The County may attach any conditions and
safeguards necessary to mitigate impacts and to ensure
compatibility of the use with the surrounding area.
ANALYSIS•
1. Zoning Classification: RS -3, Single Family Residential (up to
3 units per acre)
2. Land Use Designation: L-1, Low Density 1 (up to 3 units per
acre)
3. Surrounding Land Use and Zoning:
North: Residences/RS-3
South: Vacant, residential/RS-3
East: 43rd Avenue, residences/RS-6
West: Residences/RS-3
4. Total Site Area: 158,782 sq. ft. or 3.64 acres
5. Building Area: Existing: 2,680 sq. ft.
Phase 1: 3,900 sq. ft. (new sanctuary)
Phase 2: 6.140 sq. ft. (fellowship hall &
Sunday school wing)
Total: 12,720 scq. ft
6. Phasing: Since the January 26, 1995 Planning and Zoning
Commission approval of the site plan, the applicant has
submitted a request for an administrative approval application
to modify the phasing schedule/plan. The proposed revisions
alter only the phasing boundaries of the project, and do not
add, delete, or change the location of any site improvements
or buffers reviewed by the Planning and Zoning Commission.
This report and its analysis and recommendation take into
account the revised phase boundaries.
7. Impervious Surface:
Existing: 11,933 sq. ft.
After Phase 1 is completed: 28,823 sq. ft.
After Phase 2 is completed: 55,827 sq. ft.
8. Open Space: Required: 40.00
Provided: 56.021
Note: The site plan data calculations section for impervious
surface and open space square footage includes the applicant's
acknowledgement that, pursuant to LDR restrictions, grass
parking areas are not credited toward meeting the site's open
space requirement.
9. Traffic Circulation: Under the proposed site plan, the site's
existing 43rd avenue ingress/egress driveway would be -
modified. The site plan proposes a one-way traffic flow on
and off the site by restricting the site's existing two-way
driveway to entry only and by constructing an exit only
driveway further to the south along the site's 43rd Avenue
frontage. This access and internal traffic circulation plan
FEBRUARY 28, 1995
24
M
proposal has been reviewed and approved by the County Traffic
Engineer.
10. Off -Street Parking: Pursuant to the provisions of Chapter 954
for off-street parking, ,the site is required to provide
parking at a ratio of one the
space for every three seats.
The site plan proposes a sanctuary with a seating capacity for
300 persons.
Phase 1 Required: 60 parking spaces
Phase 1 Provided: 60 parking spaces
Phase 1 & 2 Required: 100 parking spaces
Phase 1 & 2 Provided: 122 parking spaces
11. Stormwater Management: The stormwater management plan has
been approved by Public Works Department, and a Type "B"
stormwater permit will be issued.
12. Utilities: The site is currently serviced by an on-site
potable water well and septic system. County water is now
available to service the site, and connection is required in
conjunction with this project proposal. Prior to site plan
release, the applicant must obtain a utility connection permit
in order to accomplish the mandatory connection to county
potable water service. County wastewater service is not
available to the site at this time; however, the applicant is
required to execute a developers agreement with County
Utilities to ensure that the site is connected to wastewater
facilities when service becomes available to the site in the
future.
13. Health and Rehabilitation (HRS): The site plan proposes
expanded and new on-site septic tank and drainfield facilities
to accommodate the proposed building construction. The
Environmental -Health Services Unit for the county has no
objection to the proposed site plan application or the special
exception use approvals. Prior to site plan release, however,
the applicant must apply for and receive the applicable HRS
permits for septic tank and drainfield improvements. As
required by the LDRs, applicable permits must be issued by the
HRS Environmental Health Office prior to site plan release.
14. Environmental Issues: No uplands preservation or wetlands
requirements apply. Environmental planning staff have no
objection to site plan approval.
15. Landscape Plan: The landscaping plan is in accordance with
Chapter 926 requirements, -and provides the buffers required
for places of worship. Since the property is adjacent to
single-family residences, the required Type "C" buffer
depicted along the north, south, and west site boundaries will
be field inspected and approved by staff prior to the issuance
of a certificate of occupancy for the project. The entire
Type "'C" buffer will be established during construction of
Phase 1.
16. Dedications and Improvements: No additional right-of-way is
required from the site's 43rd Avenue frontage. Streetlighting
and sidewalk segments along the site's 43rd Avenue frontage
are required and have been depicted on the site plan for
-construction. Therefore, all required dedications and
improvements are satisfied by the submitted site plan.
Boa � F-,u� 446
FEBRUARY 28, 1995 25
BOOK 94 ;PnE 7
17. Specific Land Use Criteria: The application must satisfy all
applicable criteria for a place of worship. The place of
worship specific land use criteria are as follows:
a. No building or structure shall be located closer than
thirty (30) feet to any property line abutting a
residential use or residentially designated property;
b. Access shall be from a major thoroughfare unless
otherwise approved by the public works department;
C. Any accessory residential use, day care facility or
school upon the premises shall provide such additional
lot area as required for such use by this section and
shall further be subject.to all conditions set forth by
the reviewing procedures and standards for that
particular use. Accessory residential uses may include
covenants, monasteries, rectories or parsonages as
required by these regulations;
d. Type "C" screening shall be provided along all property
boundaries where the facility is located adjacent to a
single-family residentially designated property. Type
"D" screening shall be provided along all property
boundaries when the facility is located adjacent to a
multi -family residential designated property.
Staff has verified that the site plan application satisfies
all of the applicable specific land use criteria.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
expansion to the existing place of worship with the following
condition:
1. A 25' wide Type "C" landscaping buffer (in lieu of a 15' wide
buffer) shall be provided along the site's west boundary.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he cased the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
special exception use approval for the expansion to
the existing place of worship of Grace Baptist
Church, with the condition that a 25 foot wide Type
"C" landscaping buffer (in lieu of a 15 foot wide
buffer) be provided along the site's west boundary,
pursuant to staff's recommendations.
FEBRUARY 28, 1995 26
77
CONSIDERATION AND FORMAL SELECTION OF NEIGHBORHOOD
REVITALIZATION CATEGORY FOR CO Y DEVELOPMENT
BLOCK GRANT (CDB(j) APPLICATION SUBA=AL
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
INDIAN RIVER COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGj APPLICATION
NOTICE OF FIRST PUBLIC NEARING
Indian River County is considering applying to the Florida Department of Community
Affairs 10CA) for a Small Cities Community Development Block Grant (CDBG) of up to
$750,000.00. These funds must be used for one of the following purposes:
I.. To benefit low and moderate income persons; or
2. To aid in the prevention or elimination of slums or blight; or
3. To meet other community development needs having o particular urgency because
existing conditions pose o serious and immediate threat to the health or welfare of
the community and where other financial resources are not available to meet such
needs.
The activity categories for which these funds may be used are in the areas of housing,
neighborhood and commercial revitalization, or economic development (new jobs). Eli-
gible uses of funds Include such physical improvement activities as housing and commer-
cial building rehabilitation, clearance, water and sewer improvements, street
hnprovements, drainage, housing site development, parking, and loans to businesses.
Additional Informatbn regarding the range at activities that may be undertaken will be
provided of the public hearing.
For each activity that is proposed, of Idost 70% of the funds must benefit low and mod-
erate income persons.
In developing an application for submission to DCA, the county must plan to minimize
displacement of persons as a result of planned CDBG activities. In addition, the county is
required to develop a plan to assist displaced persons.
Apublic hearing at which parties in Interest and citizens shall have on opportunity to
be heard, will be held by the Board of County Commissioners of Indian River County,
Florida, In the County Commission Chambers of the County Administration Building, lo-
cated at 1840 251h Sheet, Vero Beach, Florida on Tuesday, February 28; 1995, at 9:05
a.m.
Anyone who needs a special accommodation for this meeting must contact the county's
Americans with Disabilities Act (ADA) Coordinator at 567-8000, extension 223 at least
48 hours In advance of meeting.
A FAIR HOUSING/EOUAL.OPPORTUNITY/HANDICAP ACCESS JURISDICTION
. - Indian River County
Board of County Commissioners
By: -s- Kenneth R. Mocht, Chairman
BOOK 94 P,t -A_ 448
FEBRUARY 28, 1995 27
Boa t��, ���k 449
P.O. Bon 1268 V®/o Beach. Flo►hia 32961 562-2315
COUNTY CIWI"
RIVER Proo 3011nIA
STATE Or f LORIbA
BrIbr ! the anderelgn 4 mNlmrlt Ily el+peaml J J.
Ve1BmuM Jpre�esht rnnl a S� thnt hr el q�pinca� Mnnnser . the
Indian River l.wnty,l%Imlda; thRIMe pohllshnl at Vero Reach Inat
To 7MI%. �" / i
If/ �
1 I 4 .
wo poMlahal in said "ewspaper in the inst"(s)
Ili /2/
Swam to and snbserlbed berme me this
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• lMram, E.,kw • Business MannMT
1 JgEtl.1!!7 • ngmm�..: •.rv. _r..�,�,.... ,
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k...rn na.rvu.•• na.Y?. �, jjjj f�L'�'
The Board reviewed a Memorandum of February 20, 1994:
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE
Robert M. eats , Atirector
Community Devel pmen
FROM: Sasan Rohani, AICP 5t.
Chief, Long -Range Planning
DATE: February 20, 1995
RE: CONSIDERATION AND FORMAL SELECTION OF NEIGHBORHOOD
REVITALIZATION CATEGORY FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) APPLICATION SUBMITTAL
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 28, 1995.
DESCRIPTION AND CONDITIONS
Recently, residents of both the Colored School Subdivision and the
unplatted Whitfield Subdivision approached county 'officials
regarding infrastructure improvements in those areas. Residents of
those subdivisions have indicated that road paving is their major
concern.- One way to provide improvements for those two
neighborhoods, which contain a high percentage of very low and low
income residents, is to apply for a Community Development Block
Grant (CDBG) in the neighborhood revitalization category.
On December 20, 1994, the Board of County Commissioners authorized
public works and community development staff to apply for a CDBG
neighborhood revitalization grant for the Colored School
Subdivision and Whitfield Subdivision target areas. The Board also
authorized staff to initiate the process to select a consultant to
prepare the CDBG application and administer the grant. Finally,
the Board committed budgeted petition paving funds to be used as a
match for the grant.
FEBRUARY 28, 1995 28
r
s
On February 7, 1995, the Board approved the consultant firm of
Clark, Roumelis and Associates, Inc., to prepare the CDBG
application.
Prior to submitting the CDBG application, the Board must complete
several actions. These actions are:
1. To develop and adopt a Community Development Plan (CDP) or
designate the comprehensive plan as a CDP
2. To establish a CDBG Citizen Advisory Task Force
3. To hold two public hearings
C First public hearing for the formal selection of
the CDBG grant category
c Second public hearing to obtain public input on the
proposed application
There are several other actions that the Board can take to get
extra points for the grant application and thereby increase the
county's chances of being awarded a CDBG grant. These are:
1. To adopt a Fair Housing Ordinance
2. To adopt an anti -displacement and relocation policy
3. To adopt other policies as needed
ANALYSIS
CDBG grants are available in the following categories
O Economic Development
C Neighborhood Revitalization
C Commercial Revitalization
C Housing
At this time, the Board must formally choose the grant category for
which it will apply.
A representative of Clark, Roumelis & Associates, Inc., the
consulting firm preparing the county's grant application, will
attend the Board meeting and will make a presentation regarding the
different CDBG grant categories. Then, the Board must formally
choose the appropriate grant category. Also, the Board must
establish a CDBG Citizen Advisory Task Force or activate the
existing one (a copy of the membership list of the existing CDBG
Citizens Advisory Task Force is attached). Finally, the Board must
establish a date for a second public hearing.
Staff and the consultants will come 'to the Board prior to
application submittal for completion of the required activities as
needed.
Recommendation
Staff recommends that the Board of County Commissioners choose the
Neighborhood Revitalization grant category. Staff also recommends
that the Board of County Commissioners activate the existing CDBG
Advisory Committee. Finally, staff recommends that the Board
establish March 21, 1995, as the date for the second public
hearing.
FEBRUARY 28, 1995
29
Boa P�:�L
BOOK 94 PACE 451
Community Development Director Bob Keating reviewed the grant
and advised that, as a part of the Community Development Block
Grant process, the purpose of the public hearing today is to get
public input and to decide which category of community development
block grant activities should be applied for. The Neighborhood
Revitalization category is the category being recommended and the
application is due in Tallahassee on March 28. Another decision
which must be made is to establish a Community Development Block
Grant Citizens Task Force, and staff is recommending that the
existing CDBG Advisory Committee be designated as the Citizens Task
Force. Also, staff is requesting that March 21 be approved as the
date for the second required public hearing. Director Keating also
noted that SHIP funds may be considered as a part of the matching
funds required from the County and could be used to pay for water
impact fees and connections to water lines for those with
qualifying incomes. He then introduced Bud Clark, President of
Clark, Roumelis and Associates, Inc., the project's consultant
firm.
Bud Clark of Clark, Roumelis and Associates, Inc. informed the
Board that the CDBG program is required to provide at least 51% of
the benefits to the low and moderate -income people of Indian River
County. The Board also could apply for an Economic Development
grant once funding has been approved for the Neighborhood
Revitalization grant, should the Board choose that category. Out
of the 98 homes in the Wabasso area, 92.89% are low and moderate -
income, and 69.57% are very low income. He believed there is a
very good chance for obtaining this funding. The Housing Program
would be more difficult to qualify for due to the SHIP funds
already being received.
Commissioner Eggert inquired if the County's match is $160,000
and Mr. Clark responded in the affirmative.
Mr. Clark also stated that for a family to qualify for very
low-income status, a family of 4 must earn less than $18,750, and
to qualify for low-income status, a family of 4 must earn less than
$30,000.
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.
FEBRUARY 28, 1995 � _
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, that the Board authorize March
21, 1995 as the date for the second public hearing
on the Neighborhood Revitalization Category for
Community Development -Block Grant Application
Submittal and activate the existing Community
Development Block Grant Advisory Committee, pursuant
to staff's recommendations.
Director Keating stated that this is a very competitive
program and Indian River County starts out at a disadvantage
because of the number of points required in certain categories.
The consultant has suggested an ordinance and a number of policy
adoptions in order to maximize the available points and increase
the County's chances of obtaining the funding. He advised there is
a public hearing on March 14, 1995 to consider adoption of the Fair
Housing Ordinance. There are also a number of County related
policies being worked with internally which could also be
considered to enhance our points.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FROM LIFELINE MEDICAL SERVICES, INC. TO
PROVIDE NON -EMERGENCY ALS/BLS INTERFACILITY MEDICAL
TRANSPORT SERVICES
The hour of 9:05 A.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
94 452
FEBRUARY 28, 1995 31
VERO BEACH PRESS -JOURNAL
Published Dally
Vara Beach, Indian Ritter County. Flarlds
COUNTY OF RJOIAN RIVEN: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath
says that he Is Bllsirless Manager of the Vero Beach Presa•Jctmml• a daft newspaper pumished
at Veto Beach In Indian Ritter County. Florida; that the attached am of adverilsement, being
a 11%�tli -
In the mallet of 1 �/-// •J //LC//i. '14Z
In the court. was pub.
ashed In said newspaper In the Issuers M
Alflanl further as" that the said Veto Beach Prosa-Journal Is a newspaper published at
Vero Beach. In said Tertian River County. Florida, and that the said newspaper has heretofore
been
continuously published in said Indian Alm County, Florida. each dally and has been
entered as second class mail matter at the ir-4 office In Vern Beach. In said Indian Film Con -
IV. Florlds. la a period o1 one year next preceding the first publication of the attached copy o`
advertisement: and alliani further says that he has neither paid not promised any person. firm%
.or corporation etyr discount, rebate. commission or refund for the purpose of securing this It
adverlisamenl la publication in the said newspaper. yy�
swarf to and subscribed before me this _/c� day ot•%� 1{rtf;A.D. lot
14 K�
C.tsuslitess Managed
IBEAU
Boor 94 pa, 453
Norid
On tltesdmy - February 28. 1995, at ,9:05 a.m., Ilse
Board of County CtmmissInnera 61 Indlinn River
Cotfntqy. FIotirla, will meet In the County Admin4tra-
tkln 9trllding at 1840 251h Street Vero 8oach, FL,
to considm thp! PW k:atfon of t.ileline Mecik:al Srtr-
vices, file. for o CVlilicate of PubPc Convenl4nre
and Ned:essily to pprovkle Interfaciflly ALS or BLS
traneporlaliort wilMn hxflan River Cotinly.
Anyone IntereMed In Ihro should be present at the
public Itraring and will be givers an opporhlnity to
sl rak for or against fhe proposed a +plication.
Anynne who may wish to aappppeeal any decision which
maty ter. mmle M 114s rmostim will need to entire
that a verbatim record of the proceedings Is made,
wh1ch Irx;ttlrltts lesttrrtorry and evlderm upon . wl"
the app -all Is based.
Anyor� who needs a slvsdal acconrmirxiatfon for
Ibis tneelh+ may contact the - County's Americans
Willi 03113110 Act (AOA) Coordhator at 567-
8000, Fxl. 408, of least 48 hours In advance of the
meel
Feb. 1 , 1995 1173048
The Board reviewed a Memorandum of February 20, 1994:
TO: Members of the Board of County Commissioners
THROUGH: Jim Chandle , C unty Administrator
FROM: Doug Wrigh Director
Emergency Services
DATE: February 20, 1995
SUBJECT: Application for a Certificate of Public Convenience and
Necessity from Lifeline Medical Services, Inc., to Provide
Non -Emergency ALS/BLS Interfacility Medical Transport
Services
It is respectfully requested that the information contained herein be
given formal consideration by the Hoard of County Commissioners at a
public hearing scheduled and noticed for February 28, 1995.
DESCRIPTION AND CONDITIONS:
An application for a certificate of public convenience and necessity
to provide non -emergency ALS/BLS interfacility medical transport
services was received from Lifeline Medical Services, Inc., on
October 20, 1994. Pursuant to Chapter 304 of the Indian River County
Code, an investigation was initiated routinely regarding the
application and public need for an additional •non -emergency
FEBRUARY 28, 1995 32
interfacility transport service provider in the County. However,
before the investigation was completed, the Emergency Services
District Advisory Committee met on November 18, 1994, to consider the
certificate process in general. At -this meeting, Lifeline Medical
Services representative- Deborah Crouse agreed to waive the 60 day
time frame contained in Chapter 304' for the certificate process
matter to be considered by the Board of County Commissioners.
On November 22, 1994, the Board of County Commissioners approved an
interim emergency ordinance to be effective for a period of 60 days
and directed staff to arrange another meeting for the Emergency
Services District Advisory Committee to consider revisions to Chapter
304 and schedule a public hearing on the matter as soon as reasonably
possible thereafter. This action placed the Lifeline certificate
application in a dormant position until changes or revisions to
Chapter 304 were finalized.
The Emergency Services District Advisory Committee met on January 5,
1995, and recommended certain changes to Chapter 304. A public
hearing was held by the Board of County Commissioners on January 24,
1995, at which the Committee recommendations were adopted and Chapter
304 was modified and revised. .The issue now before the Board is
consideration of the Lifeline application for a certificate of public
convenience and necessity.
It was verified that Lifeline Medical Services, Inc., is a Florida
corporation with a parent company named New Haven Ambulance with
offices in New Haven, Connecticut. In terms of a local office,
Lifeline operates from 3192 West Midway Road in Fort Pierce, Florida.
The company began serving residents in the area in 1985. Indian
River County issued the company a certificate in 1986 and it lapsed
routinely after two years. No problems were experienced with the
service and it should be stated for the record that the company
provided a creditable service to the citizens of this county during
this period. Lifeline Medical Services has four ALS ambulances, five
BLS ambulances and nine wheelchair vans. The employee roster
reflects a total of thirty-two personnel consisting of nine
paramedics and twenty-three EMT's, all state certified personnel.
The company does not plan to establish a base of operations or office
in Indian River County at this time. A representative has stated
that the main reason for seeking the certificate of public
convenience and necessity -is to enable the company to drop off a
patient at the hospital or another medical facility in the county and
then return and pick them up. As the Board is aware, Chapter 304
covers only calls that originate in the County and does not govern
non -emergency interfacility transports that terminate in the county.
As part of the routine application investigation, letters were mailed
on October 21, 1994, to each municipality, hospital, and nursing
home/facility in the county seeking input regarding the application.
Also on November 15, 1994, an informational meeting was held for any
individual, provider, organization, hospital, or municipality to make
inquiries or discuss any concerns with the applicant regarding the
proposed service. The following responses were received as noted:
October 26, 1994 A telephone call was received from Marge Shake
of the Royal Palm Convalescent Center. She felt
the additional service would be advantageous to
citizens in terms of competition. She could not
advise whether. a public need existed for an
additional service in the County.
FEBRUARY 28, 1995 33
X00':
November 4, 1994 A letter dated October 31, 1994, was received
from J. David McCormack of the Sebastian River
Medical Center. He advised that a new transport
company, Able Ambulance, had been recently
approved to provide this service in August over
the objection of the existing medical transport
service based on the lack of need in the county.
He felt it was too soon to bring in a third
service and recommended that the county wait at
least six months to ascertain if a need existed
for another provider.
November 4, 1994 A letter dated November 4, 1994, was received
from Vincent Cacciatore of Palm Garden of Vero
Beach, who stated he would like to see the
addition of Lifeline Medical Services in Indian
River County. He did not state whether or not
he felt a public need existed for an additional
service.
November 7, 1994 A letter was received from Gary Burdsall
representing Able Aviation and Air Ambulance,
Inc., stating his opposition to an additional
certificate being issued to Lifeline Medical
Services. He generally stated that his company
was required to demonstrate a public need for an
additional service, and that he felt Lifeline
should be required to do the same. He also
questioned why the Indian River Memorial
Hospital objected to his application and now
supported the application from Lifeline. Other
comments were made regarding application related
issues.
November 4-18, 1994 Seven (7) responses were received out of fifteen
sent to various nursing homes or facilities. Of
the seven respondents, three have utilized the
existing two non -emergency interfacility
transport services, were satisfied with those
services, and indicated that each request
received a - timely response. Two of the three
also felt that additional ambulance services
would be beneficial in terms of competition.
Two of the seven respondents have used only
emergency (911) vehicles and have not utilized
either of the two non -emergency interfacility
transport services. Finally, the two remaining
respondents indicated they had not used the non-
emergency interfacility transport services.
November 14, 1994 A letter was received from Deborah A. Crouse,
Director of Lifeline Medical Services, giving
some background on her company and noting the
reason Lifeline did not renew an earlier
certificate of public convenience and necessity
issued by Indian River County. Ms. Crouse also
stated that Lifeline serves a large number of
residents' in North St. Lucie County who prefer
to receive their medical care in this county,*
which is the premise upon which her company is
now applying for a certificate. She also
indicated that the Indian River Memorial
Hospital has requested that Lifeline assist them
with transports when the need arises. Finally-,
FEBRUARY 28, 1995 34
Ms. Crouse notes that her company works with the
Emergency Operations Center in St. Lucie County
in the planning and execution of transportation
in the event of disaster and would do the same
in this county.. Attached to the letter was
correspondence reflecting the issuance of a
certificate in 1986.
January 13, 1995 A letter was received from Deborah A. Crouse of
Lifeline Medical Services, informing the
Emergency Services Director that her company is
requesting both a Class B and Class D
certificate under the classification types
recently approved by the Board of County
Commissioners.
February 7, 1995 Emergency Services Director Doug Wright writes
to Deborah A. Crouse of Lifeline Medical
Services, advising her of a public hearing date
at which the Board of County Commissioners will
consider the pending application for a
certificate. Each existing provider was ,copied
on the correspondence relating to the public
hearing date.
As of February 7, ,1995, no additional comments or correspondence,
favorable or unfavorable, had been received regarding the issuance of
a certificate to Lifeline Medical Services, Inc.
ALTERNATIVES AND ANALYSIS:
The Board of County Commissioners has issued the following
certificates of public convenience and necessity to provide emergency
(911) or non -emergency interfacility transport service at -the current
time, with service levels as indicated by the type of certificate:
> Tvoe A Certificate - Indian River County Department of
Emergency Services, Division of Emergency Medical Services.
Certificate issued to provide county -wide emergency ALS/BLS
prehospital EMS transport service (911), with the exception
of Indian River Shores. (Fellsmere Volunteer Ambulance
Service operates under the county EMS ALS license)
> Tvpe A Certificate - Town of Indian River Shores Public
Safety Department. Certificate issued to provide ALS/BLS
prehospital EMS transport service (911) limited to the
municipal limits of the Town of Indian River Shores.
> ZJW B Certificate - Indian River Memorial Hospital
received a certificate limited to providing non -emergency
interfacility medical transport service within the County.
> Tvroe B Certificate - Able Aviation and Air Ambulance, Inc. ,
received a certificate limited to providing non -emergency
interfacility medical transport service within the County.
It is concluded that Lifeline Medical Services, Inc., is a reputable
and creditable EMS provider, and its interest in expanding its
service again to Indian River County is commendable. However, during
the course of the investigation, no information was received from any
source that would indicate that the non -emergency interfacility
medical transport needs in the County are not being met by the two
current authorized providers referenced above. Although the Indian
River Memorial Hospital Transport Service indicated it was their
preference to utilize Lifeline Medical Services as a backup to their
service, it was not communicated that the public need was not being
met by existing certificate holders.
BOOK445,
F;'�L
FEBRUARY 28, 1995 35
BOOK PW 457
Some favorable comments were received that additional competition
would be good for the services. However, while competition certainly
has some degree of merit in determining the level of these types of
services, Chapter 304 alludes to the public need as being the major
test in staff formulating a recommendation to the Board. It should
also be noted that staff considered the population density and
composition of the likely areas within which the proposed service
will operate, as well as the annual requests for service in the
particular certificate category, and the current number of vehicles
available to satisfy those requests:
Staff also considered the run data received from the two Class B
certificate holders which is as follows:
MONTH IR MEMORIAL HOSPITAL ABLE AMBULANCE
October, 1994 509 30
November, 1994 599 27
December, 1994 320 57
January, 1995 479 31
Number
IRMH
runs referred to Able Ambulance 5
Number
Able
Ambulance runs referred to IRMH 0
Number
runs
with lengthy delays by either service 0
The run data indicates to the EMS Director that the public need is
being met by the two Class B certificate holders as relates to non-
emergency interfacility transfers. It appears that a Class D
certificate would be appropriate and justified, given Lifeline's
statements regarding their desire to pick up and return home the
patients they transport into the county for medical treatment. The
Class D certificate would not permit Lifeline to transport patients
in a backup role for Indian River Memorial Hospital, since a Class B
certificate would be required for this purpose.
RECOMMENDATION:
As noted above in the agenda item, Lifeline Medical Services has
requested that the company be issued both a Class B and a Class D
certificate of public convenience and necessity. Based on current
available information, staff recommends that the Board deny the
request for a Class B and approve the issuance of a Class D
certificate.
This type of certificate provides for businesses and agencies to use
ambulances based outside the county to provide specific non -emergency
medical services limited to transports out of the county.
Director of Emergency Services Doug Wright advised that
Lifeline Medical Services, Inc. had applied for a Type B
Certificate and for a Type D Certificate. He is recommending that
the Board deny the Type B application and grant the Type D
certification. Director Wright explained to the Board that he had
notified Debbie Crouse of Lifeline Medical Services, Inc. of this
recommendation and Ms. Crouse agreed that Lifeline would withdraw
their request for a Type B Certificate and accept the Type D
Certificate.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
FEBRUARY 28, 1995 36
Richard Keene, director of operations -at Lifeline Medical
Services, Inc., stated that this action is acceptable to Lifeline.
The Chairman asked if anyone else 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 approved
the issuance of the Class D certificate to Lifeline
Medical Services, Inc. and denied the issuance of a
Class B certificate, as recommended by staff.
CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ORDINANCE RELATING TO MOTOR VEHICLES. ESTABLISHING
THE "COMBAT AUTOMOBILE THEFT" PROGRAM, AS AUTHORIZED
UNDER THE FLORIDA UNIFORM TRAFFIC CONTROL LAW
Deferred.
CONSIDERATION OF WETLANDS PURCHASEaMNNEDY TRACT
The Board reviewed a Memorandum of February 23, 1995:
TO: James E. Chandler
County Administrator
D RTMENT HEAD CONCURRENCE:
Z -&I-
Robert eang, P
Community Dev:11opme'ritDirector
FROM: Roland M. DeBloiss,�AI P
Chief, Environmental Planning
DATE: February:,23, 1995
RE: Request for Acquisition Cost -Share Commitment from the
V.S. Fish and Wildlife Service; Kennedy Tract Buffer to
the Pelican Island NWR
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of February 28, 1995.
DESCRIPTION & CONDITIONS
The Board of County Commissioners, at its meeting of February 21,
1995, considered a request from the U.S. Fish and Wildlife Service
(FWS) for a County commitment to match $750,000 in emergency land
acquisition monies to acquire a portion of the Kennedy Tract (see
attached map). The acquisition is proposed to buffer the eastern
border of the Pelican Island National Wildlife Refuge (PINWR) from
development encroachment. Bm 94
F' ,A58
FEBRUARY 28, 1995 37
800 u,'� 459
At the Board meeting, it was explained that FWS had to obligate the
$750,000 in emergency funds by February 28, 1995, or risk having
the funds rescinded by Congress. Moreover, it was indicated that
it was necessary for the County to commit to matching funds by
February 28th to secure the emergency federal funds.
The Board tabled its consideration of .the matching fund commitment
request until February 28th, to allow for Land Acquisition Advisory
Committee (LAAC) emergency review. LAAC has since reviewed the
funding request, summarized as follows.
LAAC Review/Recommendation
LAAC's February 22, 1995 meeting discussion of the Kennedy Tract
acquisition funding was attended by FWS staff and Ken Kennedy,
representing the landowners. Contrary to earlier indications, it
was brought out during the LAAC discussion that the FWS may proceed
to commit its $750,000 in emergency funds to acquire a portion of
the Kennedy Tract, independent of whether or not the County commits
to a match by February 28th.
More specifically, when the FWS originally applied for emergency
funds to acquire the western portion of the Kennedy Tract, the
landowners indicated that they would not be willing to sell the
western portion.of their tract unless at least $1.5 million worth
of land was publicly acquired. Therefore, under this scenario, a
like match from the County was necessary to obligate. the federal
funding by February 28th. However, as discussed at the LAAC
meeting, the landowners are now apparently willing to sell to FWS
$750,000 worth of property, with the acquired land -area expanded if
the County obligates match funding within the coming months.
Based on the discussion, LAAC concluded that the County's
commitment to obligate matching funds no longer qualified for
"emergency acquisition" status, and that the Committee may proceed
in evaluating the Kennedy Tract under normal review time frames, as
part of an overall PINWR buffer project submitted for LAAC review.
Notwithstanding the non -emergency status determination, LAAC voted
to recommended that the Board commit to $100,000 in matching funds
at this time, for purchase of approximately +37 acres of wetlands
on the Kennedy Tract. The $100,000 amount was determined based on
a rough estimate of the cost of the wetlands. The Committee voted
to recommend the $100,000 commitment with an understanding that
more money could be obligated to the project in the course of
normal review of this and other projects nominated for acquisition
consideration.
RECOMMENDATION
Staff recommends that the Board authorize the Board Chairman to
sign the attached letter to the FWS, committing $100,000 of county
land acquisition bond funds for purchase of approximately +37 acres
of wetlands on the Kennedy Tract, as part of a joint FWS/County
acquisition of the western portion of the Kennedy property.
FEBRUARY 28, 1995 38
The Board also reviewed a letter of February 27, 1995:
11WDY
I REM rim
February 27, 1995
Mr. Ken Macht, County Commissioner
Indian River County
1840 25th S tree t
Vero Beach, FL 32960
Re: Purchase of Kennedy Land by U.S. Fish & Wildlife Service.
Dear Mr. Marht;
Enclosed you will find copies of correspondence between myself, U.S.
Fish & Wildlife Service, and Indian River County staff on the
proposed sale. of. my family's property next to the Pelican Island
National Wildlife Refuge to the Service and Indian River County.
Hopefully it will help resolve any misconceptions regarding the
purchase.
I would like to give you some background on how this has evolved.
On or about November 1992, the Trust for Public Land began
negotiations with the Kennedy family for the purchase of the entire
100 acre parcel west of Jungle Trail. The option agreement was
finally signed on March 9, 1993.
The Trust for Public Land immediately began the steps necessary for
the process. This included an appraisal of the property by a U.S Fish
& Wildlife approved appraiser, a boundary and topographical survey,
and a phase I environmental audit. All of these costs (tens of
thousands!) were paid by the Kennedy family.
The . appraisal was sent to the U.S. Fish & Wildlife Service appraiser in
Washington who thoroughly reviewed it and approved it for the
Service.
In the fiscal year 1994 budget, the U.S. Fish & Wildlife Service
received only enough money to finish buying the remainder of the
Surman Tract immediately south of our property. Unfortunately, in
FEBRUARY 28, 1995 39
Boor 94 Pa --L 461
fiscal year 1995 Pelican Island did not get funded because of the
Everglades project. The U.S. Fish & Wildlife Service, recognizing the
importance of Pelican Island, has obtained $750,000 from their
emergency funds, and as you can see from their letters, were in great
hopes of the County funding a matching amount from their
environmentally sensitive land bond fund.
In conjunction with the Michael and Lier families, the Kennedy
family has a development plan for this property along with our
property east of Jungle 'frail. We must make a commitment very
-soon to this project.
As you can see by my letter to Paul Charette of the U.S. Fish &
Wildlife Service, the Family's request was initially for the
Service/Indian River County to purchase $1,750,000 of the property,
which would give us a reasonable sum to do a Section 1031 tax free
exchange. 'After further conversations with the U.S. Fish & Wildlife
Service, we did agree to the $1,500,000. If the sum is less than that
amount, our family must meet again to re-evaluate our position.
You must know that time is very short for further acquisition of our
property. We are close to a commitment to proceed with the
development plan with the Michaels and Liers. Once that
commitment.: is made, this property will not be available.
Thank you for your time and effort on this, and please give every
consideration to matching the $750,000 that the U.S. Fish & Wildlife
Service has obtained.
rnell Kenned
Clyde Kennedy '
Sincerely,
KennP d
1'
Nannie Lou Kennedy
Sue Kenned Holbrook
Roland DeBlois, Chief of Environmental Planning, advised that
a letter of commitment is needed today regarding the matching funds
for this project. The U.S. Fish and Wildlife Service has received
$750,000 as emergency funding for the purchase of the Kennedy Tract
of approximately 37 acres of wetlands plus a linear buffer strip
adjacent to the wetlands to buffer the Pelican Island National
FEBRUARY 28, 1995
M M M
Wildlife Refuge. The width of the buffer will be dictated by the
amount of funding ultimately obtained for the purchase. The Fish
and Wildlife Service can proceed independently of the County's
matching funds. The recommendation of the Land Acquisition
Advisory Committee is that the Commission authorize matching funds
of $100,000 to U.S. Fish and Wildlife Service based on estimates of
the value of the approximately 37 acres of wetlands on the western
portion of the property, with a possible future recommendation of
further funds. The Committee felt the wetlands were a worthy
acquisition because they abut publicly -owned wetlands within the
Refuge. The issue of additional County funds being applied to the
upland buffer to wetlands was not eliminated for future review.
Chairman Macht stated that the County needs to add the
$100,000 grant from the County to the U.S. Fish and Wildlife
Service to place the property under federal management in order to
qualify for "payment -in -lieu of taxes" status. Under this status
the County could be reimbursed in a few years.
Commissioner Bird questioned whether the County's matching
funds would be used as a part of the overall project funds and
whether property appraisals would be done to get a better idea of
the value of the property.
Chairman Macht stated that a rule of thumb is $1,000 to $2,500
per acre for wetlands. He believed that the understanding was that
the County's funds would be used to purchase a minimal amount of
wetlands so that the County's funds would not be used for upland
grove property.
Chief DeBlois advised that the Tax Collector's assessment is
$2,550 per acre for estuarine wetlands and this figure is being
used as a basis for determination of the value.
Chairman Macht advised that the agreement was that Fish and
Wildlife would add -to their purchase monies the amount granted by
the County. There was much discussion at the Land Acquisition
Advisory Committee meeting on the relative importance of wetlands
as opposed to uplands, particularly grove properties; however,
there was no disagreement on the worthiness of the purchase as it
connects to the Pelican Island National Wildlife Refuge.
BOOK IM
FEBRUARY 28, 1995 41
463
wor, U.P r C
Commissioner Adams agreed that the purchase would help to re-
establish the health of the lagoon area.
Commissioner Eggert felt she could support the program with
the condition that there were going to be further discussions.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, that the Board authorize the
Chairman to execute a letter to the U.S. Fish and
Wildlife Service confirming that Indian River County
intends to provide a match of $100,000 to the
emergency acquisition funds for the purpose of
buying wetlands on the west portion of the Kennedy
Tract adjacent to the Pelican Island National
Wildlife Refuge, as recommended by staff.
Under discussion, Mr. DeBlois stated that his understanding of
the focus of the Committee's recommendation was that the wetlands
are worthy of purchase; that the assessed value of the property is
actually lower than $100,000 but that the recommendation was for
$100,000 as the matching fund amount without adjusting it to the
value of the wetlands.
Commissioner Bird questioned whether the County's commitment
would be less if the value of the wetlands is $75,000 rather than
$100,000, and Chief DeBlois stated that he believed the Board could
modify the grant to make it dependent upon the value of the
wetlands.
Commissioner Eggert felt the $100,000 grant would be
appropriate as the wetlands were appraised at just a few thousand
dollars less than $100,000.
Commissioner Bird again questioned whether the grant would be
$100,000 or the appraised value of the 37 acre wetlands, and Chief
DeBlois stated that staff's recommendation was for $100,000.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
FEBRUARY 28, 1995
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) %74MM
February 28, 1995
Thomas F. Follrath
Senior Realty Officer
U.S. Fish & Wildlife Service
1875 Century Boulevard
Atlanta, GA 30345
Res County/Fish & Wildlife Service Joint Acquisition of the
Kennedy Tract as Buffer to the Pelican Island NWR
Dear Mr. Follrath:
It has come to the attention of the Indian River County Board of
County Commissioners that the U.S. Fish and Wildlife Service (FWS)
has obtained $750,000 in emergency land acquisition funds to
acquire a portion of the above referenced Kennedy Tract.
This letter is to confirm that, as considered by the Board at its
meeting of February 28, 1995, Indian River County intends to
participate in a cost -share partnership with FWS to acquire the
western portion of the Kennedy Tract. Specifically, the County
Intends to provide a match of $100,000 to your emergency
acquisition funds for the purpose of buying approximately +37 acres
of wetlands on the west portion of the Kennedy Tract adjacent to
the Pelican Island National Wildlife Refuge.
Indian River County's Land Acquisition Advisory Committee (IRC
LAAC) is continuing its review of the Kennedy Tract for additional
County cost-share,acquisition funding. It is expected that the
Committee will complete its review of the project for incorporation
on its project dcquisition list within the next two months.
Please do not hesitate to contact county environmental planner
Roland DeBlois if you have any questions.
Sin erely,
Z�
Kenneth R. Macht, Chairman
Board of County Commissioners
cc: County Commissioners
Robert Keating
Roland DeBlois
CONSIDERATION OF PROPOSED AMENDMENTS TO THE IRC
LOCAL HOUSING ASSISTANCE PLAN
The Board reviewed a Memorandum of February 20, 1995:
BOOK 94 PAGA 6
FEBRUARY 28, 1995 43
TO: James E. Chandler
County Administrator
DPTBIION HEAD CONCURRENCE:
41j1,f,.f 10, 0 -
Obert M. irertiAIC
Community Develo ment irector
FROM: Sasan Rohani, AICP <; -�
Chief, Long -Range Planning
DATE: February 20, 1995
RE: CONSIDERATION OF PROPOSED AMENDMENTS TO THE INDIAN RIVER
COUNTY LOCAL HOUSING ASSISTANCE PLAN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 28, 1995.
DESCRIPTION AND CONDITIONS
• Background
On April 5, 1994, the Board of County Commissioners adopted
resolution #94-48, which approved the Indian River County Local
Housing Assistance Plan for FY. 94-95, FY 95-96, and FY 96-97. By
approving this plan, the Board ensured that Indian River County
would be eligible to receive SHIP funds for the next three fiscal
years. Currently, the county receives $2501000.00 per year in SHIP
funds. That amount is scheduled to increase to $572,942.00 in FY
95-96.
The Florida Housing Finance Agency then approved the county's
revised plan on August 29, 1994, and authorized the disbursement of
SHIP funds until June, 1997. That plan may be amended, as needed,
but need not be amended until the plan expires in 1997.
• Concerns
Although the county's approved plan addresses all state
requirements, some concerns were raised by the County's Affordable
Housing Advisory Committee (AHAC). Specifically, the AHAC
questioned whether the County's current program is structured to
provide assistance only to recipients needing assistance and then
only in the minimum amount necessary.
Although AHAC's general concerns were whether SHIP funds are
targeted only to those who need assistance and whether the amount
of assistance is limited to the minimum needed, several specific
concerns arose. Generally, these specific concerns were as
follows:
• Are current downpayment/closing cost assistance loans too
high?
• Are current maximum asset amounts too high?
FEBRUARY 28, 1995
44
• Should downpayment/closing cost amounts available to
households be limited on a case by case basis?
• Are county credit requirements too strict?
• Are maximum housing unit costs too high?
• Are income eligibility requirements established
correctly?
• Are downpayment/closing cost loan requirements adequate?
On October 13, 1994, the Affordable Housing Advisory Committee
(AHAC) reviewed a staff prepared analysis regarding the above
referenced concerns. At that time, AHAC directed staff to
coordinate with the SHIP lenders committee (Affordable Housing
Partnership Committee) and prepare specific local housing plan
revisions to address the above concerns.
The SHIP lenders committee (Affordable Housing Partnership
Committee) is composed of representatives from financial
institutions, non-profit organizations, builders/contractors, real
estate agents, and county staff. Because of its members' knowledge
of and expertise with the housing industry, the SHIP lenders
committee has functioned as an advisory committee to both AHAC and
staff. In developing its recommendations, the lenders considered
AHAC's objective of ensuring that SHIP funds are provided only to
those households having need. The lenders committee findings,
recommendations, and proposed local housing assistance plan
amendments were provided to AHAC at its February meeting.
On February 9, 1995, the Affordable Housing Advisory Committee
reviewed the proposed amendments to the Indian River County Local
Housing Assistance Plan, made some changes, and recommended that
the Board of County Commissioners approve the proposed amendments
to the plan. The attached copy of the plan contains all changes
recommended by the Affordable Housing Advisory Committee.
ANALYSIS
For several months, planning staff worked with the SHIP lenders
committee to address AHAC's concerns. At their November, December,
and January meetings, the SHIP lenders committee discussed the
referenced issues and prepared specific recommendations. These
recommendations are outlined in Attachment 1 to this staff report.
Following is a summary of the proposed amendments to the county
Local Housing Assistance plan and justification for the proposed
recommendations:
c Maximum Housing Cost/Purchase Price
The lenders committee believes that the existing purchase
prices for new and existing units established by the
Local Housing Assistance Plan are too high. It is the
committee's position that lower maximum purchase prices
will limit SHIP funds to the purchase of more modest
homes, thereby providing assistance only to households
needing assistance.
The lenders committee recommends that the county reduce
the maximum purchase price established in the plan
BoaFAQ;: 0
FEBRUARY 28, 1995 45
a
Boa ,� 4 pm-,-, 7
($951400 for new units and $83,160 for existing units)
and establish one purchase price for both new and
existing units based on the FHA maximum mortgage amount.
The new recommended maximum purchase price is $77,150.00.
c Asset Limit
It was the position of the Lenders Committee that, if a
household has $45,000,00 in assets, then that household
does not need the county's assistance.
Consequently, the Lenders Committee recommends that the
county reduce the amount of assets that a SHIP applicant
may have from $45,000 to $10,000. The committee further
recommends that the county require that any reserve over
$2,000.00 be applied towards the purchase of the housing
unit before SHIP funds are used.
c Eligible Persons
The lenders committee recommends that the county maintain
its existing income eligibility requirements (VLI, LI,
and lower half of moderate income). It was the
committee's position that households with incomes in the
lower half of the moderate income category often need
assistance to purchase adequate housing.
DPCC Assistance
The lenders committee acknowledges that there is a
significant difference between VLI and LI groups in terms
of income. For that reason, the committee feels that VLI
groups need more assistance in order to qualify for a
first mortgage loan from a bank. Also, the lenders
committee believes that assistance to moderate income
groups should be reduced. The committee feels that any
abuse of the program would be more likely to occur with
households in the moderate income category, where the
potential exists for SHIP funds to be used to secure more
expensive housing than a household needs or could afford
without SHIP funds.
Consequently, the lenders committee recommends that the
county provide more downpayment/closing cost assistance
to the very low income group. For this income group, the
maximum amount of assistance is recommended to be
increased from $10,000.00 to $15,000.00. The committee
recommends that the county maintain its maximum existing
assistance amount for"low income families ($10,000.00).
Finally, the committee recommends that the county reduce
its maximum assistance amount for eligible moderate
income households from a maximum of $7,000.00 to a
maximum of $5,000.00.
Loan Requirements
The lenders committee also recommends that the county
adopt the following loan requirements to ensure that only
people in need will receive assistance and then only in
the minimum amount needed. With these requirements, the
amount of assistance will correspond to household need,
and a safeguard against abuses of the program will be
established.
The county should limit the number of points
FEBRUARY 28, 1995
46
M
associated with obtaining a first mortgage when an
applicant proposes to utilize the SHIP downpayment/
closing cost loan funds to pay for these points (no
points from SHIP funds for conventional loans,
maximum one (1) point from SHIP funds for FHA
loans, additional points can be allowed only for
bond program loans). The county should accept only
fixed rate loans for very low income and low income
households. Moderate income households can utilize
either fixed or adjustable loans. No loan
requiring a balloon payment should be acceptable.
The county should also require title insurance for
all downpayment/closing cost loan closings.
• Housing costs, including mortgage, interest, taxes,
and insurance, shall not exceed 30% of an
applicant's monthly household income.
Housing cost to income ratio shall not be lower
than 28%, unless a lower ratio is needed to ensure
that the total debt to income ratio does not exceed
41%.
For moderate income group households only, the loan
to value ratio shall not fall below 90%.
o Credit History
The lenders committee recommends that the county adopt
less stringent guidelines as outlined in Attachment 1.
The purpose of this change is to ensure that applicants
with minor credit problems are not penalized.
At its February meeting, the Affordable Housing Advisory Committee
(AHAC) considered the lenders committee recommendations. At that
time, AHAC accepted the recommendations, making minor changes to
the sections related to maximum monetary award, loan requirements,
and credit history requirements. Also, AHAC revised the credit
history requirement for rehabilitation loans. As revised, only an
active charge off or judgement would disqualify a rehabilitation
loan applicant. Finally, the Affordable Housing Advisory Committee
decided to include a new section in the plan regarding housing
insections. The proposed amendments to the plan are shown as
for deletions and underlined for additions.
Staff, the SHIP lenders committee, and the Affordable Housing
Advisory Committee believe that, by revising the Local Housing
Assistance Plan and implementing recommendations as outlined above,
the county will ensure that only applicants who really need
assistance will utilize the SHIP program and receive SHIP funds.
By limiting SHIP funds to those in need, the county may experience
a reduction in the minimum amount of SHIP funds provided to each
applicant, thereby allowing more applicants to receive assistance.
ALTERNATIVES
With respect to the recommendations outlined above and also
depicted in attachment 2 (amended Indian River County Local Housing
Assistance Plan), the Board of County Commissioners has three
alternatives. These are:
c To adopt the recommendations as outlined above.
c To adopt the recommendations with changes.
FEBRUARY 28, 1995 47
BOOK, 94 PERI,,- 488
8AAK 94 FAGS 469
0 To reject the recommendations.
Either of the first two alternatives will ensure that only
recipients who need assistance will be assisted and then only
for the minimum amount needed. The third alternative will
maintain the county Affordable Housing Assistance Plan as it
is with no changes. Staff, the SHIP lenders committee, and
the Affordable Housing Advisory Committee support the first
alternative.
RECOMMENDATION
Staff, the SHIP lenders committee, and the Affordable Housing
Advisory Committee recommend that the Hoard of County Commissioners
adopt the amendments to the Indian River County Local Housing Plan
as shown on attachment 2 and direct staff to submit the amended
plan to the Florida Housing Finance Agency for their review and
approval.
CONCERNS EXISTING CRITERIA PROPOSED CHANGES
- MAXIMUM HOUaIm NEW 595,400.00 $77,150 FOR BOTH NEW ARD EXISTING UNITS
COST/PURCHASE PRICE EXISTING $83,160.00
- ASSETS LIMIT '$45,000.00 OR HALF OF 5 10,000.00
PUROHABE PRICE,
WHICHEVER I8 GREATER ,ANY RESERVE OVER $2000.00 MUST
APPLY TOWARD HOUSING UNIT
PURCHASE BEFORE USING SHIP
ELIGIBLE PER8ON8 - VLI NO CHANGE
- LI
- LOWER HALF OF MODERATE
- DPCC ASSISTANCE
- UP TO $10,000 FOR VLI
- UP TO 515,000.00 FOR vLI, UP TO
6 LI
$10,000 FOR LI, UP TO $5,000.00
FOR MI OR MINIMUM AMDUNT OF
- UP TO $7,000 FOR MI
DPCC NEEDED PER LENDER,
WHICHEVER I8 LESS. THE AMOUNT
OF MONTHLY HOUSING COST,
INCLUDING MORTGAGE, INTEREST,
TAXES, AND INSURANCE SHALL NOT
EXCEED 301 OF THE MONTHLY
NOUBENOLD INCOME. ROUSING COST
TO INCOME RATIO SHOULD NOT BE
LOWER THAN Zee UNLESS A LARGER
DOWN PAYMENT IS NEEDED TO
ENSURE THAT THE TOTAL DEBT TO
INCOME RATIO DOES NOT EXCEED
411.
- For MI group only, the loan to
value ratio should not fall
below 901.
- CREDIT HISTORY
- NO BAD CREDIT, NOT
- LESS STRINGENT GUIDELINES PER
EVEN MINOR OR ISOLATED
ATTACHED REQUIREMENTS
INSTANCES
- LOAN REQUIREMENTS
- Rb SPECIFIC
• NO POINTE FROM SNIP FUNDS FOR
REQUIREMENTS
CONVENTIONAL LOANS
• MAXIMUM 1 POINT FROM SHIP FUNDS
FOR FHA LOANS
• ADDITIONAL POINTS ALLOWED ONLY
FOR BOND PROGRAM LOANS
• FIXED RATE LOANS ONLY FOR VLI
AND LI GROUPS. FIXED OR
ADJUSTABLE RATE LOANS ARE
-.
ACCEPTABLE FOR MI GROUPS. NO
LOAN REQUIRING A BALLOON
PAYMERT I8 ACCEPTABLE
• TITLE INSURANCE IS REQUIRED FOR
ALL DOWNPAYMENT/CLOSING COSTS
LOAN TRRNBACTIONB
FEBRUARY 28, 1995 48
- 801E IRSPECTIOR
- NO SPECIFIC .
TERMITE INSPECTION FOR ALL
raw
EXISTING HOUSriQG UNITS
• ROOF, PLUMBING, ELECTRICAL, AND
SEATING AND AIR CONDITIONING
INSPECTIONS FOR ALL EXISTING
UNITS FIVE YEARS OR OLDER
VLI - Very Low Income
LI - Low Income
MI - Moderate Income
February 27, 1995
Eligible persons receiving assistance from the IRCLHAProgram shall
maintain a valid, satisfactory credit rating for a minimum of one
(1) year prior to receiving approval for any. IRCLHAProgram
application.
For applicants, applying for both SHIP funds and a loan from a
financial institution, the applicable financial institution shall
determine whether each applicant's credit is satisfactory based
upon the applicable financial institution's credit standards. For
all other applicants except applicants for rehabilitation loans,
county staff will assess each applicant's credit based upon the
information provided in a credit report from one of the three
national credit reporting agencies. An applicant will be deemed to
have satisfactory credit if the applicable credit report shows
that, in the previous 12 months, the applicant had:
- No more than (4) 30 day late
- No more than (1) 60 day late
- No 90 day late payments
- No more than 2 collections
- No Collection or combination
payments
payment
of collections more than $500.00
Judgment liens for medical expenses may be acceptable if a
repayment plan is established and payments have been made for at
least the previous 12 months.
Regardless of an applicant's credit history for the previous 12
months, an applicant's credit will NOT be considered satisfactory
if the applicant's credit history shows:
Any charge offs that were not subsequently paid or discharged
in a bankruptcy
Active judgments against the applicant
Repossessions with a remaining balance payable by the
applicant
Bankruptcies that have not been fully discharged for two years
with no new negative credit history
Applicants for rehabilitation loans will be deemed to have
satisfactory credit if the applicable credit report shows that
there is no active charge off or judgement against the applicant.
Baof4 9' .
FEBRUARY 28, 1995 49
BOOK 9 r',,u 471 -
Community Development Director Robert Keating advised that the
State Housing Initiatives Partnership Program previously gave
$650,000 worth of loans to over 100 applicants. The County
prepared a new Local Housing Assistance Plan last year which is
good until June of 1997, and can be amended at any time. However,
the County's local Affordable Housing Advisory Committee questioned
whether there was a potential for abuse in this program. At the
present time we have no indication that this has occurred.
However, the Committee did make recommendations for revisions to
the Plan; such as the eligibility requirements. Director Keating
also noted that the Housing Partnership Committee, comprised of
lenders and others involved in the housing industry, had given
invaluable assistance. They meet every month, work with staff and
have concurred with staff's recommendations. The Affordable
Housing Advisory Committee is also recommending the changes
submitted.
Commissioner Bird commended the lenders' committee for the
quality and amount of work, and Director Keating advised that the
lenders' committee is made up of a number of lenders from a number
of lending institutions such as Harbor Federal and First Union.
Director Keating then stated that one of the recommended
changes is a requirement that all homes have termite inspections
and that homes older than 5 years have several other types of home
inspections.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board adopt Resolution
95-33 amending the Indian River County Local Housing
Assistance Plan and authorize staff to submit the
amended plan to the Florida Housing Finance Agency
for review and approval, as recommended by staff.
Under discussion, Commissioner Bird inquired if the borrower
would be required to pay for building inspections and Director
Keating advised that the cost of the inspections would be included
in the loan amount.
Commissioner Eggert stated that a lot of the different
problems came up during loan reviews, especially concerning the
down payments. Their real concern is that they get as much value
as possible for the dollars.
THE CHAIRMAN CALLED THE QUESTION and the
Motion carried unanimously.
FEBRUARY 28, 1995 50
ELI
RESOLUTION NO 95-3
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING.THE INDIAN RIVER COUNTY LOCAL
HOUSING ASSISTANCE PLAN
WHEREAS, on April 5, 1994, the Board of County Commissioners
adopted the revised Indian River County Local Housing Assistance
Plan; and'
WHEREAS, on August 29, 1994, the Florida Housing Finance
Agency approved the county's revised plan; and
WHEREAS, the county's Local Housing Assistance Plan may be
amended, as needed, but need not be amended until the plan expires
in 1997; and:.
WHEREAS, on February 9, 1995, the Affordable Housing Advisory
Committee recommended that the Board amend the Local Housing
Assistance Plan to ensure that only applicants who really need
assistance receive SHIP funds and then only in the minimum amount
necessary; and
WHEREAS, on March 7, 1995, the Board of County Commissioners
considered the amendment to the local housing assistance plan;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
Section 1.
The above recitals are ratified in their entirety
Section 2.
The attached amended Indian River County Local Housing
Assistance Plan is hereby approved by the Board of County
Commissioners
Section 3.
The Board of County Commissioners directs staff to submit a
copy of the amended Indian River County Local Housing
Assistance Plan to the Florida Housing Finance Agency by
certified mail.
BOOK 9 F,-, 72
FEBRUARY 28, 1995 51
Boa 94 47J'
RESOLUTION 95-33
The foregoing resolution was offered by Commissioner Adams ,
and seconded by Commissioner Eggert , and 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 A -ye
Commissioner, Carolyn K. Eggert A-ve
Commissioner, John W. Tippin A -ye
The Chairman thereupon declared the resolution duly passed and
adopted this 28 day of February, 1995.
Board of County Commissioners
of ;Ind4ianiver Coun
By: VAF
Kenneth R. Macht, Chairman
BID #4028/WATER EXPANSION PLAN CONTRACT NO. 3
The Board reviewed a Memorandum of February 3, 1995:
DATE: February 3, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director^
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid ,4028/Water Expansion Plan Contract #3
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
FEBRUARY 28, 1995 52
November 22, 1994
Oct 24, 31, Nov 7, 1994
Thirty (30) Vendors
Two (2) Vendors
VENDOR
Martin Paving
Vero Beach, FL
JoBear, Inc
Palm Bay, FL
TOTAL AMOUNT OF BID
BID TOTAL
$ 275,795.00
$ 349,701.50
$ 275,795.00
SOURCE OF FUNDS Utilities Impact Fees -
473-000-169-216.00
ESTIMATED BUDGET
$ 300,000.00
Staff recommends that the bid be awarded to Martin Paving
as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation to
Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
Commissioner Bird left the meeting for a few minutes.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board, by a 4-0 vote
(Commissioner Bird being temporarily absent) awarded
Bid #4028, Water Expansion Plan Contract #3,
Utilities Department, to Martin Paving in the amount
of $275,795, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
OLD COURTHOUSE RENOVATION GRANT CONSULTANT
SELECTION
The Board reviewed a Memorandum of February 22, 1995:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTO DATE: FEBRUARY 22, 1995
DEPARTMENT OF GENERAL SERVICES
SUBJECT: OLD COURTHOUSE RENOVATION GRANT
CONSULTANT SELECTION
BACKGROUND:
On February 7, 1995, the Board
authorized staff
to proceed with
the
process to select a consultant to perform the
necessary work
and
write a grant for restoration
of the old courthouse. Due to
the
time constraints the project
was declared an
emergency and
the
process was shortened.
BOOK 94
PA` 7
FEBRUARY 28, 1995
53
BOOK 9 4 PAt r 7
ANALYSIS:
Staff sent five (5), Request For Proposals to local architects and
three proposals were received in response. A selection committee
was formed to evaluate the submittals.
The results of the evaluation process are:
1. Donadio and Associates
2. C.E. Block Architect
3. John Dean Architect and Associates
RECOMMENDATIONS:
Staff is requesting permission to negotiate in accordance with the
Consultants' Competitive Negotiation Act, (CCNA) and submit to the
Board a recommendation for a firm to perform the work.
Commissioner Eggert questioned whether Mr. Donadio is on the
Old Courthouse Renovation Committee/ and Chairman Macht believed
that he is on the committee but advised that the committee has not
yet met.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized staff to negotiate in accordance with the
Consultants' Competitive Negotiation Act with
Donadio and Associates (provided Mr. Donadio is not
on the advisory committee), C.E. Block Architect,
and John Dean Architect and Associates and return a
recommendation for a* firm to perform the Old
Courthouse Renovation work.
ADMINISTRATIVE POLICY; VEHICLE GUIDELINES
The Board reviewed a Memorandum of February 20, 1995:
TO: James E Chandler, County Administrator
THRU: Jack Price, Personnel Directo
FROM: Beth Jordan, Risk Manager 'i
DATE: 20 February 1995
SUBJECT: Administrative Policy; Vehicle Guidelines
We request the Board's consideration on February 28, 1995, of amendments and additions to the
Administrative Policy Manual, AM 1000.7, Vehicle Guidelines, andits accompanying references found in
AM 807.1, Page 1 of 4, and AM 807.2, Page 1 of 5. The recommended changes are in bold print.
FEBRUARY 28, 1995 54
� r
Background
On January 16, 1990, the Board adopted the Administrative Policy sections for the Risk Management
program. Included with the Management Policy Statement and other specific sections on safety, accident
prevention, etc. was the section Vehicle Guidelines. As the self-insurance program has matured, we have
responded to the need for revision with the document presented today.
Analysis
The document for consideration today, on Page 1 of 8, defines "County -owned vehicle°, updates the
drivers' license type requirement to include the federal changes which implemented the Commercial
Drivers License and reflects the National Safety Council's change from an 8 -hour to a 4 -hour defensive
driving course. Also, on Page 1 of 8, we prohibit the use of a restricted license, work permit or other
limited license except licenses which meet Americans with Disabilities Act (ADA) parameters. On Page
3 of 8, we specifically state that employees shall not be asked to operate nor shall operate a County -
owned vehicle which is unsafe or does not meet minimum standards for operation. We also address
driving under the influence of alcohol or controlled substance while using a County -owned vehicle for out-
of-town travel. On Page 6 of 8, we refer specificaify to the Florida Department of Transportation's manual
for operations in the public way and we expand alcoholic beverage and non-prescription controlled
substance prohibitions to include possession while driving a County -owned vehicle. A new section is
found as 4. Vehicle Accidents on Page 7 of 8. While cross-referencing existing provisions in the Personnel
Rules, it provides specific consequences for employees determined to be at -fault in a motor vehicle
accident. Finally, on Page 8 of 8, we incorporate an existing management policy which reflects the
County's status as an additional insured for employees' operating personal vehicles on County business
and the employee's coverage under workers' compensation for injuries sustained while using a personal
vehicle for County business.
Recommendation
Staff recommends the Board approve the suggested revisions to the Administrative Policy Manual, AM
1000.7, and authorize staff to distribute copies to all departments and offices.
Commissioner Bird questioned the definition of a "County -owned
vehicle" and advised that operator's licensing requirements do not
apply to backhoes, bulldozers, and other off-road equipment.
Administrator Chandler agreed that on-site heavy equipment
operators do not need an operator's license.
Risk Manager Beth Jordan advised that accidents do occur on-
site and investigators do ask for an operator's license at that
time, even though the license is not required to operate the
equipment.
Administrator Chandler emphasized that the primary concern is
the liability to the County, but he felt it would be agreeable to
modify the requirements.
Commissioner Adams felt that the operator of a vehicle, either
on or off-site, should be required to have some sort of
identification and inquired whether "volunteer" employees are
subject to an operator's license check.
Manager Jordan responded that volunteer workers are primarily
with the Emergency Management Services and operator's licenses are
checked.
FEBRUARY 28, 1995 55 BOOK - 76
Chairman Macht inquired how often these licenses are checked,
and Manager Jordan advised they are checked every 4 months.
Commissioner Bird felt that paragraph should be amended to
indicate that licenses are not required for on-site or off-road
heavy equipment operation.
Commissioner Adams asked for a modification in the definitions
to include "emergency vehicle".
Director Dean advised that the County has a very strict
emergency vehicle policy which has been reviewed by the police
department. Emergency Services employees are not allowed to use
their personal vehicles for emergency purposes.
Commissioner Eggert asked for a definition for "whenever
possible" and noted that the policy does not give specific
consequences regarding use of alcoholic beverages. She wanted to
know if the consequences are intended to be the same whether or not
a DUI is involved. She felt it would be more convenient for the
department and for employees if the policy were spelled out in
detail in the brochure.
Commissioner Bird suggested that a printed decal be affixed in
each vehicle.
Commissioner Eggert noted that at the top of Page 173 there is
a reference to the County Personnel Rules and suggested that these
items should be repeated in the Vehicle Guidelines.
Manager Jordan advised that these rules are covered thoroughly
in departmental meetings and the orientation given to each new
employee.
Commissioner Eggert felt that we need to do everything we can
to make things absolutely clear to the employees.
Manager Jordan responded that the overall performance of an
employee is considered for each infraction of the rules and the
department is very hesitant to put the disciplinary procedures into
the risk management section due to liability considerations.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously approved
(with a strong protest noted by Commissioner Eggert)
the revisions to the Administrative Policy Manual,
AM 1000.7 with the addition of a definition of (1)
"on -road" and "off-road", (2) "emergency vehicle",
and (3) "under operation whenever possible"; and
authorized staff to distribute copies to all
departments and offices.
FEBRUARY 28, 1995 56
RESOLUTIONS TO PROVIDE FOR PAVING AND DRAINAGE
IMEROVEMENTS TO AND SET PUBLIC HEARING DATE FOR 14TH
STREET EAST OF U.S. #1
The Board reviewed a Memorandum of February 13, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and `1
Roger D. Cain, P.E.
County Engineer
-�P,la�x
FROM: Michelle A. Gentile, CE"t
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set
Public Hearing date for:
14th Street East of U.S. 1
DATE: February 13, 1995
DESCRIPTION AND CONDITIONS
The County Public Works Department has received a petition for a public improvement
assessment for road paving and drainage improvements from the Council on Aging for the
following:
14th Street East of U.S. 1
The petition was signed by 205 people who use the Senior Center. The County has acquired
all the right-of-way needed along 14th Street.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the
advisability, cost and amount of the assessment against each property owner.
_This Public Hearing has been scheduled for Tuesday, March 21, 1995, at 9:05 A.M. in the
County Commission Chambers. An assessment roll and plat has been prepared and filed
with the Clerk to the Board of County Commissioners.
RECOMMENDATION AND FUNDING
It is recommended that the Board:
1) Adopt the resolution providing for the paving and drainage improvements for the
projects subject to the terms outlined in the resolution. The applicable interest rate
shall be established by the Board of County Commissioners at the time the final
assessment roll is approved.
2) Allocate $28,494.20 from the Petition Paving Account #111-214-541-035.51.
3) Adopt a resolution setting the time and place of the Public Hearing.
FEBRUARY 28, 1995 57
BOOK 94 FACE. 4 19
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-34 providing for certain paving and
drainage improvements to 14th Street East of U.S. 1.
Providing (First Reso.) 1/5/94(ENG)RESI.MAG\gfk
RESOLUTION NO. 95- 34
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 14TH
STREET EAST OF U.S. 1 653 FEET ±, PROVIDING THE
TOTAL ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF THE AREA SPECIFICALLY
BENEFITED.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 14th Street
east of U.S. 1 653 feet ±.
WHEREAS, the construction ' of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is TWENTY-EIGHT THOUSAND
FOUR HUNDRED NINETY FOUR DOLLARS and TWENTY CENTS ($28,494.20); and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of seventy-five
percent (75%) of the total cost of the project ($21,370.65) which
the number of parcels owned by the given owner bears to the total
number of parcels within the areas specially benefited and twenty-
five percent (25%) of the total cost of the project ($7,123.55)
will come from Petition Paving Account; and
WHEREAS, the special assessment shall become due and.
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
FEBRUARY 28, 1995 58
RESOLUTION 95-34
WHEREAS, any special assessment not paid within said
"ninety (90) day period shall bear 'interest beyond the due date at
a rate established by the Board'of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated usage
of the proposed improvements, the Board of County Commissioners has
determined that the following described properties shall receive a
direct and special benefit from these improvement, to wit:
S 93.48 FT of E 315.62 FT of W 355.62 FT of S 1/2 of S
1/2 of NW 1/4 of NE 1/4 (OR BK 496 PP 586 & 587)
BEG 439.62 FT E OF SW COR OF S 1/2 OF S 1/2 OF NW 1/4 OF
NE 1/4, RUN N 161 FT, TH E 51.58 FT, TH N 172.36 FT, TH
W 176.20 FT, TH S 239.94 FT, TH E 40.62 FT, TH S 93.48
FT, TH E 84 FT TO P.O.B. LESS S 25 FT FOR RD RIGHT-OF-WAY
BEG 25 FT N & 35 FT W OF SE COR OF W 1/2 OF S 1/2 OF S
1/2 OF NW 1/4 OF NE 1/4 FOR P.O.B. RUN N 136 FT, RUN W
85 FT, RUN S 136 FT, RUN E 85 FT TO P.O.B. (OR BK 472 PP
543)
BEG AT PT BEING INTERSECTION OF E R/W OF US HWY #1 & S
BNDY OF NW 1/4 OF NE 1/4, TH N 00 DEG 39 MIN 48 SEC E
333.52 FT ON E R/W OF US HWY #1 TO A PT, TH S 88 DEG 51
MIN 49 SEC E 451 FT TO P.O.B., TH S 00 DEG 39 MIN 50 SEC
W 172.57 FT TO A PT, TH W 51.58 FT, TH S 136 FT, TH E 100
FT, TH N 136 FT, TH E 85 FT, TH S 136 FT, TH E 134 FT, TH
N 00 DEG 38 MIN 50 SEC E 308.39 FT TO A PT, TH N 88 DEG
48 MIN 24 SEC W 267.53 FT TO P.O.B.
N 90 FT OF THE FOLL: N 1/2 OF NW 1/4 OF SW 1/4 OF NE 1/4
LESS E 319.05 FT & LESS 35 FT FOR RD RIGHT-OF-WAY & LESS
RIGHT-OF-WAY FOR US NO 1 AS R BK 181 PP 560 (OR BK 440 PP
306)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, as follows: -
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
improvements to 14th Street east of U.S. 1 653 feet ± heretofore 0
m 9
or 4
FEBRUARY 28, 1995 59
Boa 94 ?AU L:481
RESOLUTION 95-34
designated as Public Works Project No. 9223 is hereby approved
subject to the terms outlined above and all applicable requirements
of Chapter 206, et seq. Indian River County Code.
The foregoing resolution was offered by Commissioner .
Adams TAm mmed its
acLption. M -e mokirn was se=ded
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 John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution passed and
adopted this 28 day of February , 1995.
BOARD OF COUNTY COMMISSIONERS
OF IND RIVER C NTY, FLORIDA
By
NNETH R. MACHT, Chairman
10,
Attest:
FF Y K. BARTON, Clerk
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-35 setting a time and place at which
the owners of property on 14th Street east of U.S.
#1 and other interested persons may appear before
the Board of County Commissioners and be heard as to
the propriety and advisability of making paving and
drainage improvements to said property.
FEBRUARY 28, 1995 60
Time and Place (Second Reso.)
RESOLUTION 95-35
2/7/95 (ENG) RES2.MAG\gfk
RESOLUTION NO. 95- �z
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTY ON 14TH STREET EAST
OF U.S. #1 AND OTHER INTERESTED PERSONS MAY
APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING
AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY
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.g r, _ 14 , 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 herein, that paving and drainage improvements
be made to said property; 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 making paving and drainage improvements to said property, 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,
BOOK 94 PA,
FEBRUARY 28, 1995 61
L -dA
Boor 94 PA..iE
RESOLUTION 95-35
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, March
21, 1995, at which time the owners of the properties to be assessed and any
other interested persons may appear before said Commission and be heard in
regard to said property. 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 Clerk to the Board 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 the
Department of Public Works by two publications in the Vero Beach Press
Journal Newspaper a week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River County Department
of Public Works 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.
FEBRUARY 28, 1995 62
RESOLUTION 95-35
The resolution was moved for adoption by Commissioner A d a m s , and the
motion was seconded by Commissioner E g g e 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 John W. Tippin
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K. Eggert
Aye
The Chairman thereupon declared the resolution duly passed and adopted this
28 day of February , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN ER COUNTY, FLORIDA
By
4 ;dre'�
KE R. MRCHT,
Chairman
Attest:
Je .Barton - erk
U
Attachment: ASSESSMENT ROLL
14stset.res
FEBRUARY 28, 1995 63
BOOK 94 Ptv-- 484
BOOK 94 F -AU 485
PEP REEF PRO.TECT/US ARMY CORPS OF ENGINEERS PERAM
The Board reviewed a Memorandum of February 27, 1995:
TO: James E. Chandler,
County Administrator
THROUGH:
FROM:
SUBJECT:
DATE:
James W. Davis, P.E.
Public Works Director
Don G. Donaldson, P.E.,
Coastal Engineer `
Indian River County/Vero Beach PEP Reef Project/
US Army Corps. of Engineers Permit
February 27, 1995 FILE: PEPUSACO. AGN
DESCRIPTION AND CONDITIONS
The US Army Corps. of Engineers, Jacksonville District has
completed their permit review of the PEP Reef Project. The Corps.
of Engineers is ready to issue their permit pending receipt of a
letter of no objection from the Florida Department of State,
Division of Historical Resources. The Division of Historical
Resources is concerned that there may be some artifacts under the
Proposed location of the PEP Reef and they require an archeological
survey be conducted in the area of the project.
County staff has been working with a local salvage contractor to
have this work performed at no additional cost to the County. This
contractor has proposed to dig up and remove all artifacts within
the.Reef project area. To date, this work has not been performed
due to scheduling conflicts and equipment failure. The contractor
has stated that they will not be able to conduct this survey and
subsequent identification of anomalies until later this summer.
This will likely cause another year of postponement for the reef
installation.
Staff recently contacted the Division of Historical Resources in an
attempt to eliminate the survey requirement. Staff presented jet
probe findings showing the limited sand overlying the natural reef.
The States response (see attached) requires the survey be
performed. The State knows of one shipwreck south of the PEP Reef
and is concerned there may be others.
County staff directed American Coastal Engineering to determine
cost of performing these surveys in accordance with the State
requirements. The cost for the survey is $15,850.
FEBRUARY 28, 1995 64
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Approve a contract addendum with American Coastal
Engineering in the amount of $15,850.
Alternative No. 2
Direct staff to solicit proposals from qualified
surveyors pursuant to CCNA procedures.
RECOMMENDATIONS AND FUNDING
Staff recommends that the Board approve a contract addendum with
American Coastal Engineering in the amount of $15,850. Funding to
be from Tourist Tax Development Revenues.
Coastal Engineer Don Donaldson presented the alternatives to
the Board and advised that the U.S. Army Corps of Engineers is
prepared to issue a permit once they have received a letter of no
objection from the State Historical Officer. A ship wreck from
1715 has been identified in the Rio Mar area and there is a concern
that relics may be buried beneath the proposed PEP reef. The
Division of Historical Resources is requiring that a professional
magnetometer survey be conducted in the project area prior to any
related bottom disturbance activities. The cost of this survey is
$15,850. We are also required to have an archeologist on board
during the survey.
Commissioner Adams advised the good news that the final
application has been hand delivered to DEP and we should get an
answer one way or the other within 90 days.
Commissioner Bird inquired about the schedule and wondered if
the Board will have an opportunity to have a presentation that will
explain all of the facets of the project as he feels he has been
getting mixed signals from various areas.
Commissioner Adams also felt it would be a good idea to have
an updated presentation. She noted that a public workshop has been
scheduled for March 16 as a part of the public hearing and that the
total project will be explained and questions answered. She felt
the mixed signals have been put out to the public to discredit the
project. The design of the PEP reef has been based on the Palm
Beach reef, and she advised she will attempt to schedule a
presentation for the public.
aou 94 Pvi,L 486
FEBRUARY 28, 1995 65
boox 94 uo�,�,F_' 87
Chairman Macht believed the survey would be an exercise in
futility. —Fie has been all over that area and found only an old
sword hilt about 10-12 years ago.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved a
contract addendum with American Coastal Engineering
in the amount of $15,850 with funding from the
Tourist Tax Development Revenues, as recommended by
staff.
CONTRACT ADDENDUM WILL BE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED
DEVELOPER'S AGREEMENT WITH NATIONAL HEALTHCARE L.P.
FOR MASTER PLANNED WATER MAIN CONSTRUCTION
The Board reviewed a Memorandum of January 27, 1995:
DATE: JANUARY 27, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI TY S RVICES
PREPARED WILLIAM F. M CA
AND STAFFED CAPITAL PROJ S ENGINEER
BY: DEPARTMENT ILITY SERVICES
SUBJECT: DEVELOPER'S AGREEMUM WITH THE NATIONAL HEALTH CORP,
L.P., FOR MASTER PLANNED WATER MAIN CONSTRUCTION
INDIAN RIVER COUNTY PROJECT NO. CDS/CCS-514
BACKGROUND
This facility is located at the northwest corner of 37th Street and
Indian River Boulevard. (See Exhibit A of the developer's
agreement.) It requires off-site water main construction as a
function of the development. The lines abutting the property on
Indian River Boulevard and 37th Street are Master -planned water
mains of the sizes depicted on Exhibit A. We, therefore, wish to
enter into a developer's agreement with National Health Corp. for
their construction.
FEBRUARY 28, 1995 66
ANALYSIS
As depicted on Exhibit B of the agreement, the proposed shared
project costs are as follows:
1) Construction $154,898.00
2) Engineering 9.000.00
Total project cost $163,898.00
The developer's portion of this project as calculated by the line
extension cost is $7,335.23. The County's portion is, therefore,
$156,562.77. For a detailed construction estimate breakdown, please
see Exhibit C of the attached developer's agreement. Funding for
this project will be from the impact fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the developer's agreement as
presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
the Developer's Agreement with National Healthcare
L.P., as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WRO BEACH HIGHLANDS WATER EXPANSION - RESOLUTIONS I
The Board reviewed a Memorandum of February 20, 1995:
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
DATE: FEBRUARY 20, 1995
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI SERVICES
PREPARED JAMES D. CHAST el_
AND STAFFED MANAGER OF ASSESS14ENT PROJECTS
-BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: VERO BEACH HIGHLANDS WATER EXPANSION
RESOLUTIONS I -AND II
INDIAN RIVER COUNTY PROJECT NO. UW -94 -01 -DS
BACKGROUND
On April 19, 1994, the Indian River County Board of County
Commissioners approved the proposed assessment project for water
service for a portion of Vero Beach Highlands to supply potable
water to its residents. Design has been completed by the
BOOK 94 PmA- 488
FEBRUARY 28, 1995 67
Boa 489
Department of Utility Services staff. We are now ready to begin
the assessment process associated with this project (see attached
agenda item and minutes of the above meeting).
ANALYSIS
The areas to be served include:
-------------------------------------------------------------------
Unit 2 Portions of Block 19 and 27 --Sunset Drive SW, 18th Place.
SW, to just north of 21st Street SW
Unit 3 All or portions of 17th Street SW to 19th Street SW
Blocks 72 through 78, between 6th and 8th Avenues SW
Unit 4 All or portions of Blocks 139 through 156 --17th Street SW
to 21st Street SW --12th Avenue SW to 20th Avenue SW
Unit 5 All or portions,of Blocks 79 through 90 --17th Street SW
to 19th Street SW --8th Avenue SW to 12th Avenue SW
The above development includes 759 of the Vero Highlands lots
including three non platted acreage parcels, which are without
water service. There are 697 parcel I.D. numbers. Typical lot
sizes in this project average .23 acre. Lots in this project 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. Lots not meeting
these minimum standards are called "undersized lots."
The attached map displays the area to benefit from the assessment
project. 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.
Engineering design services for this project have been completed by
the Department of Utility Services staff.
The total estimated project cost and amount to be assessed is
$942,498.35. The total estimated cost per square foot is $0.108738.
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.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-36 providing for water service for a
portion of Vero Beach Highlands.
FEBRUARY 28, 1995
F I
J
68
Providing (First Reso. )
1/31/95 (reso / vbhigh) Vk/ DC
RESOLUTION NO. 95- 36
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR WATER SERVICE FOR A
PORTION OF VERO BEACH HIGHLANDS;
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-
mined to defray
the cost thereof
by special
assessments
against
certain
properties to be
serviced by a
water main
extension
to Vero
Beach
Highlands, hereinafter referred to as Project No. UW -94 -01 -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
a water
main extension
shall be installed to benefit 697 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 $942,498.35 or $0.108738 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 ' $0.108738 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
Boa r'';k490
FEBRUARY 28, 1995 6 g
BOOK -4 m� , 491
RESOLUTION 95-36
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
interest.
- 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 8.5% 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 A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin A y e
The Chairman thereupon declared the resolution duly passed and
adopted this 28th day of February, 1995.
Attest: BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Jeffrey K.Barto Clerk BY 1-Z o
Kenne h R. Machi
Chairman
FEBRUARY 28, 1995 70
r
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-37 setting a time and place at which
the owners of properties located generally in Vero
Beach Highlands and other interested persons may
appear before the Board of County Commissioners and
be heard as to the propriety and advisability of
constructing a water main extension.
Time and Place (Second Reso.) 1/31/95(reso/phase6)Vk/DC
RESOLUTION NO. 95- 37
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED
GENERALLY IN VERO BEACH HIGHLANDS, AND
OTHER INTERESTED PERSONS, MAY APPEAR
BEFORE THE BOARD OF COUNTY COMMISSIONERS
AND BE HEARD AS TO THE PROPRIETY AND
ADVISABILITY OF CONSTRUCTING A WATER MAIN
EXTENSION, 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- 36 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 to benefit
approximately 697 properties hereinafter described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.108738 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
E�OOK ,: F��i�E.
A�
FEBRUARY 28, 1995 71
BOOK 94 FAG( 493
RESOLUTION 95-37
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, March 21, 1995, at which time the
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.
FEBRUARY 28, 1995 72
RESOLUTION 95-37
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by Commissioner __FQ-9 P r t ,
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
The Chairman thereupon declared the resolution duly passed and
adopted this 28th day of February, 1995.
Attest:
J.Bart'17,Clerk
;\
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
—ZL--.,WW%,e----Ze
Kenneth cht
Chairman
91H COURT WATER LINE EXTENSION CHANGE ORDER NO. 1 AND
FINAL PAY REQUEST/DRIVEWAYS, INC.
The Board reviewed a Memorandum of February 9, 1995:
DATE: FEBRUARY 9, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA R
FROM: TERRANCE G. P NTO
DIRECTO ILI VICES
PREPARED H. D. , p;7i.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 9TH COURT WATER LINE EXTENSION
(BETWEEN 2ND AND 4TH STREETS)
CHANGE ORDER NO. 1 AND FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -94 -11 -DS
BACKGROUND
on December 6, 1994, the Board of County Commissioners approved the
subject project in the amount of $12,164.19 (labor) and $9,991.00
(material). (See attached.) Construction was to be completed by
the Departments labor contractor, Driveways, Inc., with materials
furnished by Indian River County.
FEBRUARY 28, 1995
73
Bao 9 [,,vJL
ROOK. 94 NVL 49
ANALYSIS
The project has been completed. All Indian River County
requirements have been met, and final certification is being
submitted to the DEP for clearance. Change Order No. 1 (attached)
reduced the cost by $347.50 (labor), resulting in a final pay
request of $11,816.69.
RECOMMENDATION
The Department of Utility Services recommends approval of Change
Order No. 1 and approval of the payment request as payment in full
for services rendered.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Change Order No. 1 and approved the final pay
request of Driveways, Inc., as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE
OF THE CLERK*TO THE BOARD
LEGAL ADVERTISING DISCUSSION
Chairman Macht opened a discussion regarding the costs of
legal advertising and advised that the latest Legislative Bulletin
has an article on the second page regarding the matter. The Press -
Journal has advised that their price for legal advertising is
increasing from $7.50 to $12.40, which is nearly double. He is
requesting that legal staff review the Legislative Bulletin article
and advise whether the Board might wish to support the action.
Director Dean stated that the contract with the Press -Journal
expires on March 1, 1995 and they have increased their rates by
43%, effective March 1. He volunteered to speak with Daryl Hicks
at the Press -Journal and try to renegotiate the charges.
Chairman Macht also advised that the Tax Collector had
previously contacted the Press -Journal and they gave him assurance
of a much more modest increase. He asked that Director Dean also
speak with the Tax Collector regarding his negotiations with the
Press -Journal.
FEBRUARY 28, 1995 74
ENVIROVIETRICS. INC./R.O.PLANT/ODOR CONTROL PROTECT
The Board reviewed a letter of February 21, 1995:
ENVIROMETRICS
Inc.
,, eo9Fc� �S MI
(18 1 S. X71%'%* �LfP, • Vero ► Reach. FI(SorhrrA3sioner phcmr i 30'� 302-1408
sfi Administrator Fax i-107) 5h'-018(1
�, Ati0rncy
X-1
�`� Personoei
Mr. Ken Mac Public Works Feb. 21, 1995
County Administration Building Community Der. _
1640 25th Street Utilitil~s T✓________
Vero Beach, Florida 32960 Finance
OMB
Emerg. Serv.
Dear Mr. Macht: Risk M
Other
A recent article in the Press Journa conc ruing an odor control
project at the South County R.O Plant vuotes.Mr. William Suratt. an
engineer with Camp, Dresser & McKee as accusing my company,
Envirometrics with responsibility for the failure of the project.
Unfortunately we were not present -to input into the scenario, so I
would like to clarify the chronology with the following.
Envirometrics was contacted and asked to analyze samples for
hydrogen sulfide and trihalomethanes. Subsequently, James Fyler,
our organic analyst met Mr. Suratt at the site to collect process
streams for analysis. At that. time it was discovered that Mr.
Suratt was not interested in routine analyses, but was in the
middle of a research project. He was informed that neither
"Standard Methods for the Examination of Water and Wastewater" nor
the EPA manual for water and waste analysis contained a protocol
for the determination of chlorine breakpoint on a volatile species
such as hydrogen sulfide. He was also informed that the
preservative for hydrogen sulfide might interfere with the
subsequent determination of the chlorine breakpoint. It was
suggested that we attempt to determine the chlorine breakpoint by
taking samples in volatile organic vials and adding doses of
chlorine using a microsyringe. This approach would allow us to
handle the samples without the water coming into contact with air.
After the tests were completed, Mr. Fyler took the time to outline
the methods we used in a letter rather than simply issue a report
containinv_ results only, see attachment. Please note: due to the
research nature of these studies, Mr. Suratt wen, warned that
-further studies might be necessary to clarify the findings.
Unfortunately, we were never contacted by Mr. Sv att nor any member
of his firm following issuance of the report. Imagine our surprise
and distress at being labeled inaccurate and incomplete. Our
results were accurate for the samples taken and known protocols
were used for sample collection; in fvvt, Mr. Suratt witnessed the
sampling. We stand behind the report as given, even if its
popularity is questioned. ReseRrch speculation is not always
provable in a bench study despite the best of theories.
We have provided analytical services to Indian River County since
1981 as well .as to many other local commer.•fal customers.
BOOK 94 PAu 4 '
FEBRUARY 28, 1995 75
BOOK 9 f'Af ff
Our professional reputation is very important to us and it has been
questioned in a public forum. Therefore we felt it incumbent to set
the record straight. We always endeavor to provide Indian River
County with the utmost in analytical response. We still make that
offer, but we would like a fair and accurate portrayal of our
previous participation presented. Thank you for the opportunity to
convey our concerns.
Sincerely,
r'J
Grace Treadway,
President
Chairman Macht stated that he was distressed that
Envirometrics learned of the problem regarding the,lab tests from
the newspaper.
Commissioner Eggert felt that Envirometrics deserves an
apology as their letter tells an entirely different story from the
impression given to the Board at the meeting on the odor control.
problem.
Director Pinto related that after the meeting on the odor
control problem, he asked the consultants to explain the situation
to him and they responded in writing, by letter dated February 28,
1995:
CDM
errrvbormwntdeny/nasra, ae/endata,
O/emten. a marrapamanf cenavhams
February 26, 1995
Mr. Terrance G. Tinto
Director of Utility Services
Indian River County
1840 - 25th Street
Vero Beach, Florida 32965
Subject Odor Control Testing Project
Dear Terry:
CAMP DRESSER & McKEE INC.
880 Smhland SMOVAM, Sults 202
Vero Beach, Inodda 32M
407 231-4301. Fax: 10723/.1,112
In response to your letter dated February 23, 1995, 1 offer the following clarifications:
Grace Treadway's letter to Commissioner Macht stated that a recent article in the
Press Journal quotes me as accusing her company with responsibility for the failure of
the project.
FEBRUARY 28, 1995 76
This isn't true. The shigle test by Envirometrics that was hiconclusive was only one of
several tests. If we had time, we would have proceeded with Envirometrics on
additional tests. However, in order to meet the deadline set by the School opening,
we had to stop piloting and proceed with the baseline concept which is the
construction of a conventional caustic soda scrubber. The reason that the pilot test
project was delayed was not the labs,'but the delays that occurred during the last
construction project at the plant. The activities associated with testing and starting up
a new expansion to the plant caused the late start of the pilot project.
As you know, the test project is an attempt by the County, with CDM's assistance, to
determine whether or not an innovative method for odor control might be worthy of
further development and possible use at the County in lieu of die "conventional"
method of odor control. The odor control method we are pilot testing involves the
oxidation of hydrogen sulfide with chlorine in the pipeline from the RO plant to the
existing degasiflers. You may recall that a similar method was employed on the
concentrate treatment system, and as a result your two RO plants are the only major
RO plants in the state passing the dreaded biotoxicity screening tests. This fact was
acknowledged'at the recent conference held in Orlando that was sponsored by the
Water Management Districts and the Southeastern Desalination Association. Other
RO plant owners have spent hundreds of thousands of dollars dealing with their
concentrate treatment systems.
Part of the Envirometrics role in testing involved an attempt at determining the
chlorine demand of hydrogen sulfide by titrating groups of samples with chlorine.
This is a non :standard test and we had requested that Envirometrics attempt certain
testing on a best effort basis since it is an experimental project.
The test results were sent to Brad O'keefe. I was not copied. later, Brad read the
results to me over the phone and we agreed that the results were not useful and we
would have to re -test. In fact, Envirometrics letter accompanying the test results
indicated that they were not satisfied with the results and asked to retest.
Unfortunately, I never received a copy of this letter until after we appeared before
the Board of County Commissioners. Much to my chagrin, their accompanying letter
explains why the results were inaccurate. My statement "the results presented by
Envirometrics were inaccurate for some unknown reason and the results were of no
use" was simply a statement of fact from my standpoint of not having all of the
correspondence involved. The test results, in no way, reflects on Envirometrics
ability, because what they had been asked to perform was a "non-standard",
experimental test. In fact, we have full confidence in Envirometrics and have
arranged for further testing on the pilot test with Envirometrics.
With respect to die Harbor Branch Samples, my statements "that the lab had failed
to properly handle and pretreat the samples" now Fippears to be inaccurate and I
stand corrected. It was my impression from discussions with the plant staff that the
results came back with a THM formation potential of aero. This was not the result
one would expect if the samples had been pre -chlorinated prior to testing. During
our meeting with Harbor Branch Lab last week, it became evident that this is clearly
a case of mis-communication between the lab and the plant staff.. Confusion over
which THM test to conduct is easily understood considering that the EPA has many
different protocols and methods for this test. I have attached some of these protocols
to illustrate this point. What we were looking for on our test was a 7 day THM
formation potential (THMFP) on the raw, untreated samples, and an actual
(instantaneous) TNM on the treated samples. What actually came back was the actual
THM, not the THM potential.
As in the case of Envirometrics, this event does not mean that Harbor Branch was at
fault, but rather we simply had to retest as stated in my communication with Bill
McCain. We have already met with the Director of the Harbor Branch lab and
assured him that we have full confidence in their lab and arranged for further testing
on the pilot unit.
FEBRUARY 28, 1995 77
Book 94
The two lab tests in question were only to supplement other pilot test activities. The
plant staff, including Bill McCain and Brad O'Keefe, and myself, conducted several
tests with the pilot unit and confirmed that the pilot unit could indeed oxidize the
hydrogen sulfide and eliminate the odor. We used analytical equipment at the plant
to measure hydrogen sulfide residuals and chlorine residuals. However, without
• obtaining additional analytical evidence on THM's, turbidity, and alkalinity, we
cannot recommend that the chemical oxidation method be used since these
parameters may impact the water quality.
We are proceeding with the completion of our pilot testing, in cooperation with both
Envirometrics and Harbor Branch Labs, and should be able to report our findings in _
about three or four weeks.
If you have any questions or comments, please contact my office.
Very truly yours,
CAMP DRESSER & McKEE INC.
William B. Suratt, P.E.
Associate
Director Pinto reported that he telephoned the owner of
Envirometrics and had his staff call the other lab in question and
has determined that the tests were simply inconclusive; however,
Ms. Treadway of Envirometrics did not want to take responsibility
for killing the project and wanted the Board to understand that
Envirometrics was not responsible for the failure of the program.
The major problem with the project was timing and the capital costs
for both projects are very close to the same. However, the
operating costs of the pilot project would be substantially less.
Director Pinto believed we are heading in the right direction and
has instructed staff to explain the project to the laboratories
when requesting tests in order to obtain more significant results.
Chairman Macht stated that the intention of the Board was not
to cast blame, and he hoped that the owner of Envirometrics
understands that was not the intention of the Board.
Grace Treadway, President of Envirometrics, Inc., stated that
the article in the newspaper took her by surprise and her letter
was in response to that article. She subsequently met with William
Suratt of Camp Dresser & McKee and the County's Capital Projects
Engineer Bill McCain and they explained to her that it was not
their intent to cast blame on Envirometrics. They have apologized
and she has accepted the apology. She emphasized that
Envirometrics is available at any time to work on a problem with
the County.
FEBRUARY 28, 1995 78
Commissioner Tippin could not see the emergency about the
whole project and felt that the greater urgency is in planning the
project accurately, methodically and carefully.
Director Pinto wanted the Board to understand that the urgency
of the project came from complaints from the public to the
Commissioners and not from his department.
Commissioner Bird remarked that we are all looking for the
most cost-effective way to handle the problem.
No further action was taken.
PLANNING AND ZONING CONMUSSION
Commissioner Tippin advised that there is a vacancy in the
Planning and Zoning Commission due to the resignation of Steve Pate
and submitted the name of Norman Hensick, Jr.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously appointed
Norman Hensick, Jr. to the Planning and Zoning
Commission.
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, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
4 ' >k Where being no further business, on Motion duly made, seconded
{ � W c"'4"'' d the Board adjourned at 11:10 a.m.
atton, Clerk
Approved:
"FEBRUARY 28, 1995
V*11
4enneFt1h__R_'70 a ht, Chairman
BOOK 94 FAuE.50f