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Home My WebLink About3/21/1995= MINUTESEJTTACHED = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING TUESDAY, MARCH 21, 1995 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Kenneth R. Macht, Chairman (Dist. 3) Fran B. Adams, Vice Chairman (Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) John W. Tippin ( Dist. 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rev. Marilyn Rieger Unity Center of Vero Beach 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS' 1. Item 13-A-1, defer. 2. Item 13-A-2, defer. 3. Item 13-B, add discussion of Humane Society letter. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: (1) Delta Farms Water Control District - Public Facilities Report Update (2) Fellsmere Water Control District - Public Facilities Report Update (3) Indian River Farms Water Control District: (a) Public Facilities Report Update (b) Board of Supervisors' Meeting Dates (4) Sebastian River Water Control District - Public Facilities Report Update (5) Vero Lakes Water Control District - Public Facilities Report Update (6) St. Johns River Water Management District: (a) Combined Financial Statements, with Report of Independent Auditors (b) St. of Fla. Annual Local Government Financial Report, Sept. 30, 1993 (c) Tentative Schedule of Governing Board Meetings (d) Boundary Map and Legal Descriptions (e) FY 95 Budget 7. CONSENT AGENDA (cont'd.): (f) Copy of District Land Acquisition Revenue Bonds, Series 1989 (g) Copy of Land Acquisition Revenue Bonds, Series 1989 and Land Acquisi- tion Revenue Refunding Bonds, 1993 (h) St. of Fla. Annual Local Government Financial Report, FY 93-94 B. Proclamation Designating Month of April, 1995 as Child Abuse Prevention Month in I.R.C. C. Proposed MPO/Indian River County Staff Services Agreement ( memorandum dated March 14, 1995 ) D. Art Garcia's Request for Final Plat Approval for a Platted Development to be Known as Banyan Court ( memorandum dated March 15, 1995 ) E. Award Bid #5053 / Building Materials for Wabasso Beach Park Boardwalk Repair ( memorandum dated March 13, 1995 ) F. County Real Property ( memorandum dated March 14, 1995 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Request for Authorization for the Public Works Director to Make Application for a Community Development Block Grant in the Neighborhood Revitalization Category ( memorandum dated March 13, 1995 ) 2. Paving & Drainage Improvements to 14th St. East of U.S.#1 ( memorandum dated March 8, 1995 ) 3. Vero Beach Highlands Water Expansion Resolution III ( memorandum dated March 10, 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 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES 1. Surplus Sale / Tampa Machinery Auction, Inc. Auctioneering Services Agreement ( memorandum dated March 10, 1995 ) 2. Award Bid #5049 / 3,000 Gallon Fuel Tank ( memorandum dated March 9, 1995 ) 3. Children's Home Society Property on Oslo Rd. ( memorandum dated March 13, 1995 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. WalkAmerica Sponsored by March of Dimes ( memorandum dated March 7, 1995 ) 2. 4th St. R -O -W Acquisition; William H. Hensick & Sons Parcel - Budget Amend. 012 ( memorandum dated March 8, 1995 ) 3. Planning 8 Application Services Agreement 5 Work Order #1 - 1994/95 Neighborhood CDBG for Wabasso Area Water, Paving, and Drainage Improvements - IRC and Clark, Roumelis and Assoc., Inc. ( memorandum dated March 15, 1995 ) H. UTILITIES Petition for Water Service in Sundowners S/D ( 53rd Ave., South of 16th St.) ( memorandum dated March 10, 1995 ) 12. COUNTY ATTORNEY Florida Association of Counties' Legislative Alert Re: Tort Liability E Comparative Fault for the County ( memorandum dated March 15, 1995 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN KENNETH R. MACHT 1. Discussion of Land Acquisition Policies (no backup provided) 2. Discussion re: Utility Dept. (no backup provided) 3. Legislation for Prisoner Reimbursement 13. COMMISSIONERS ITEMS (cont'd.) : B. VICE CHAIRMAN FRAN B. ADAMS C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER JOHN W. TIPPIN 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT f�C 1 7 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. March 21, 1995 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, March 21, 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; and Carolyn K. Eggert. Commissioner John W. Tippin was absent due to illness. 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. Reverend Marilyn Rieger of Unity Center of Vero Beach gave the invocation; and Commissioner Adams led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Macht requested the following changes to today's Agenda: 1. Item 13-A-1, defer to subsequent meeting. 2. Item 13-A-2, defer to subsequent meeting. Commissioner Adams requested the addition of Item 13-B, discussion of Humane Society letter. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board, by a 4-0 vote (Commissioner Tippin being absent) made the above changes to the Agenda. CONSENT AGENDA Commissioner Adams requested that Item 7-F be pulled for discussion. MARCH 21, 1995 1 BOOK 94 PAG[V A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Delta Farms Water Control District: (a) Public Facilities Report Update 2. Fellsmere Water Control District: (a) Public Facilities Report Update 3. Indian River Farms Water Control District: (a) Public Facilities Report Update (b) Board of Supervisors' Meeting Dates 4. Sebastian River Water Control District: (a) Public Facilities Report Update 5. Vero Lakes Water Control District: (a) Public Facilities Report Update 6. St. Johns River Water Management District: (a) Combined Financial Statements, with Report of Independent Auditors (b) State of Florida Annual Local Government Financial Report, September 30, 1993 (c) Tentative Schedule of Governing Board Meetings (d) Boundary Map and Legal Descriptions (e) Fiscal Year 1995 Budget (f) Copy of District Land Acquisition Revenue Bonds, Series 1989 (g) Copy of Land Acquisition Revenue Bonds, Series 1989 and Land Acquisition Revenue Refunding Bonds, 1993 (h) State of Florida Annual Local Government Financial Report, Fiscal Year 1993-1994 B. Proclamation Designating Month of April, 1995 as Child Abuse Prevention Month in Indian River County The Board reviewed the following Proclamation: PROCLAMATION WHEREAS, child abuse and neglect is a serious and growing problem affecting more than three million of our nation's children annually and of children locally; and WHRRRAS, the societal malignancy called child abuse and neglect respects no racial, religious, class, or geographical boundaries and, in fact, has been declared a national emergency; and WHRREAS, the Exchange Club C.A.S.T.L.F. of the Treasure Coast, Inc., through its support of parent aide programs, parenting classes and educational programs, is making significant progress in stopping this crimp against our nations and community's children and families: MARCH 21, 1995 NON, THRREFORR, BB IT PROCIJklM D BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the entire month of April, 1995 be observed as CHILD ABUSE PR9"NTION MONTH in Indian River County, and the Board urges all citizens to use this time to better understand, recognize and respond to this grievous problem. The Board further congratulates the Exchange Club C.A.S.T.L.E. for its contintled success in helping families break free from the cycle of child abuse. this 21 day of March, 1995. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1— . ",t 2 enneth R. Macht, Chairman II ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) proclaimed that April, 1995 be observed as Child Abuse Prevention Month. C. Proposed MPO/Indian River County Staff Services Agreement The Board reviewed a Memorandum of March 14, 1995: TO: James Chandler County Administrator FROM: Robert M. Keating, AICP gM K - Community Development Director DATE: March 14, 1995 SUBJECT: PROPOSED MPO/INDIAN RIVER COUNTY STAFF SERVICES AGREEMENT It is requested that the information provided herein be given formal consideration by the Board of County Commissioners at their regular meeting of March 21, 1995. ROOK 94 P,1GE MARCH 219 1995 3 9aaK 94 PnE 63 DESCRIPTION & CONDITIONS: Since its formal creation in April, 1993, the Indian River County Metropolitan Planning Organization (MPO) has been staffed by Indian River County employees. This arrangement has continued now for two years without any formal agreement between the MPO and the Board of County Commissioners. While no problems have arisen with the present staff arrangement, there is a need for the staff services issue to be formalized through execution of a staff services agreement. Such an agreement not only establishes the responsibilities of each party; it also establishes various policies and procedures to be followed in conducting MPO business. These procedures address financial management, contracting, and various other activities. A copy of a draft staff services agreement is attached to this staff report. As drafted, the agreement reflects policies and procedures currently being followed by county staff in undertaking MPO activities. This agreement was approved by the MPO at their meeting of March 8, 1995. ALTERNATIVES & ANALYSIS: In Florida, there are currently 25 MPO's. Besides the Indian River County MPO, three other MPO's were created subsequent to the 1990 Census. Throughout the state, MPO's have various staff arrangements. Some MPO's are totally separate from local government, having separate offices and staff. Other MPO's are associated with and staffed by regional planning councils. Most MPO's, however, are similar to the Indian River County MPO, with staff services provided by county government. In fact, both the St. Lucie and Martin County MPO's use county staff services. With respect to staffing, the Indian River County MPO has the same options as other MPO's. As a separate entity, the MPO can choose to employ separate staff, or the MPO can continue the existing county staff arrangement. From a financial perspective, the present arrangement is the most efficient. Not only can county staff be assigned to MPO functions when the need arises; but a portion of county staff time can continue to be used as the required 10W match for federal (PL) funds. As reflected in its current work program, the MPO presently receives over $214,000 per year in funding. To ensure that these funds are expended in accordance with all applicable requirements, the attached staff services agreement should be approved. The attached agreement was modelled after the Palm Beach County/Palm Beach MPO agreement. The draft agreement has been reviewed and approved by the county attorney and is supported by staff. RECON NDATION: Staff recommends that attached draft staff County MPO and th Commissioners. MARCH 21, 1995 the Board of County Commissioners approve the services agreement between the Indian River e Indian River County Board of County ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Tippin being absent) approved the Agreement between The Indian River County Metropolitan Planning Organization and Indian River County, Florida for Staff Services, as recommended by staff. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED D. Banyan Court/Final Plat Approval/Art Garcia The Board reviewed a Memorandum of March 15, 1995: TO: James Chandler County Administrator D ION HEAD CONCURRENCE: obert . K66" infj AIC Community Develop ent ector THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad/j�7 Staff Plan er, Current Development DATE: March 15, 1995 SUBJECT: Art Garcia's Request for Final Plat Approval for a Platted Development to be Known as Banyan Court [SD-94-08-07/IRC #94030242-005] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 1995. DESCRIPTION AND CONDITIONS: Banyan Court is a proposed .84 acre multi -family subdivision comprised of 8 fee simple lots. As proposed, the subdivision will "plat -over" an approved site plan for 8 existing multi -family units. The subject site is located on the north side of 16th Street between 6th and 7th Avenues. The property is zoned RM -10, Residential Multi -Family (up to 10 units per acre), and is developed at a density of 9.52 units per acre. The applicant received major site plan approval to construct two single story quadraplexes as rental units on the subject site. All site improvements have been constructed as required by the approved site plan, and certificates of occupancy for the project have been issued. The applicant, for marketing purposes, has requested to plat the project area in order to convey each unit along with a fee simple lot. boor 4 Fb,GEA MARCH 21, 1995 5 A �N ANALYSIS: The LDR subdivision regulations allow developers to "plat -over" site plan projects to allow the fee simple transfer of property underneath and around individual dwelling units. Normal subdivision lot dimension and lot roadway frontage requirements are waived for such plats. The approved site plan controls the development of the project, including setbacks and separation between structures, while the subdivision plat delineates common areas and creates lots that can be sold to unit owners. On June 23, 1994, the Planning and Zoning Commission granted preliminary plat approval for Banyan Court. Since site development was controlled by the approved site plan, no land development permit or permit waiver was required. The developer, Art Garcia, is now requesting final plat approval for Banyan Court and has submitted a plat in conformance with the originally approved preliminary plat. The Banyan Court plat will create 8 lots that consist primarily of the footprint of each dwelling unit. The plat will also create common areas on the site, such as parking and stormwater management areas, that will be owned and maintained by a private property owner's association. All final plat requirements have been satisfied. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for Banyan Court plat. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) approved the final plat for Banyan Court, as recommended by staf f . E. Bid #5053/Building Materials/Wabasso Beach Park Boardwalk Repair/Scottys of Vero Beach The Board reviewed a Memorandum of March 13, 1995: TO: BOARD OF COUNTY COMMISSIONERS I March 13, 1995 THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager ly, SUBJ: Award Bid #5053/Building Materials for Wabasso Beach Park Boardwalk Repair Parks Division BACKGROUND INFORMATION: Bid Opening Date: March 6, 1995 Advertising Dates: Feb 22, March 1, 1995 MARCH 21, 1995 Specifications Mailed to: Eight (8) Vendors Replies: Four (4) STATEMENT OF "NO BID" -0- VENDOR *OPTION I *OPTION II Scotty's $8,903.50 $9,618.50 ** Vero Beach, F1 Lowes $7,899.90 $10,305.95 Ft. Pierce, F1 East Coast Lumber $9,528.95 $11,628.88 Vero Beach, F1 J M Lumber $9,107.00 $11,707.00 * NOTE Option I is a lump sum bid for the building materials using hot dipped galvanized hardware. Option II is a lump sum bid for the building materials using stainless steel hardware. TOTAL AMOUNT OF BID $9,618.50 SOURCE OF FUNDS Parks Development Other Machinery & Equip. ESTIMATED BUDGET RECOMMENDATION $15,000.00 Staff recommends that the bid be awarded to Scott s of Vero Beach for Option II as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) awarded Bid #5053 for repairs to the Wabasso Beach Park Boardwalk to Scottys of Vero Beach in the amount of $9,618.50, as recommended by staff. BID #5053 WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED F. County Real Property/Sale of Surplus Lot The Board reviewed a Memorandum of March 14, 1995: DATE: MARCH 14, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: COUNTY REAL PROPERTY a.. E BrA�Llvvtlo MARCH 21, 1995 7 BOOK 94 FACE 634 BACKGROUND: The Department of Utiltiy Ser9kes has requested a lot owned by them, located in Gifford on 47th Street to be declared surplus and sold. Florida State Statues 125.35 provides for the sale of surplus public property by sealed bids after proper advertisement. ANALYSIS: A survey of all County Departments was made to ascertain whether or not this property could be used in the future for their individual operations. All responses indicated the land was of no value within their responsibility. RECOMMENDATIONS: Based on the fact the County has no need for this property staff recommends it be declared surplus. It is also requested that authorization be granted to proceed with sale to the public in accordance with state statues. Commissioner Adams questioned whether the subject property was acquired by tax certificate and Administrator Chandler responded that the property is a portion of the old Gifford Wastewater Plant which is no longer being used. The County has no need for this property. Commissioner Adams then questioned whether there were any ponds on the property and if the possibility of using the property for a park had been considered. Commissioner Bird believed that the parcel is too small for use as a park and noted that Gifford Park is quite near. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board by a 4-0 vote (Commissioner Tippin being absent) declared the lot owned by the Department of Utility Services on 47th Street in Gifford to be surplus property and authorized staff to proceed with a sale to the public in accordance with state statutes, as recommended by staff.. MARCH 21, 1995 8 APPLICATION FOR A CO Y DEVELOPMENT BLOCK GRANT/NEIGHBORHOOD REVITALIZATION CATEGORY The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: if P.O. Box 1268 Veto Bauch, Florkfcs 32961 582.2315 Rt°ATlMIP P'il[ IUDA alvra }�rcq� 3ourtuIl flrlom life undwr.txrxml nnlH.4prr 1rr.fmttlly npprstrfl J.t, �MrmSnmy Jr. who cur rnrlH •nya IhM M is Ihndnc-n Mxnnrer rd the p��M 14rsaJmttnM, x ere�pnlr► ptbllshn! el Vero �cxeh In inMen Rloer CmeMy, PIar1An; thin rX��tVAN/2."Af �12r90 Pot C'Moroi ti�sY! fTlttrdlo��.B_J- lwd qp) IV: ares 1m1,16hr+1 M sold ewn'Mxtmr I" flw t m m Soso " to end snhscriff-I twf , mw this �_ day rA_.L'V.7I/JS..l�r137� A.D let. P%0"m nm Mxmfdrr ]j ,bfh 7r, telt xaNerw. �.. w�Y,saarl M MARCH 21, 1995 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION NOTICE OF SECOND PUBLIC NEARING AND CDBG CITIZEN ADVISORY COMMITTEE MEETING Indian River County Is appyI�Innpp to the Florida Department of Community Affairs (DCA) for o grant under the Neighborhood Rev-ileR-often Category in the amount of $750,000.00 under the Smog Cities Community Development Block Grant (CDBG) Program. for each activity that is proposed, 70% of the funds must benefit low to moderate Income ILMI) persons. The activities, dofia amount and estimated percentage benefit to low and moderate income pnrsons for which the county is ap- plying arer Activity 8udg_t LMI96 Fire Hydrants 26.000 63+ Street Improvements 220.000 63 F Potable Water facilities 298.500 63 f Water Hook-ups 41,500 63+ Engg neednglsurveying/technical 104,000 N/A Admirtistration 60,000 N/A Total Budget $750,000 locatfonn Whitfield Subdi ision and Colored School Subdivision The County will adopt an anti -displacement and relocationpinn before submission of the grant. The County w18 assist displaced persons with grant funds, as indic aced in the budget and policy. A pub Ic hearing at which parties In Mforest and citirens shell have an opportunity In be heard, Will be held by the Boord of County Commissioners of Indian River County, Florida, In the County Commission C=ord the County Administration Building, Incrsted at 1840 25th Sheet, Vero Beach, Florida on Tuesday, Mach 21, 199.5, at 9e05 a.m. A copy of the application will he available for review at the Plonnhng Department on Monday through Friday between the hours of 9:00 a.m. to 5:00 p.m. The application win be submitted to the stale on March 28, 1995 for later if the application deadline is extended). To obtain ddditional Information concerning theication and the Public Hearing contact Mr. Susan Roberti, Chief, Long -Range Planning, at (407"67-8000, ext. 2501TDDe(407) 770-5215). The Citizen Advisory Task force for this project is to mens on Mach 20, 1995 of 115 p.m. M the Commission Chambers of the County Administration Building. Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be made avaRable by the County and DCA for public Inspection upas request. These disclosures will be available For a minimum period of five years. 1. Other government (federal, slate, oil locall assistance to tfne project in the form of a 991, grant, bah, guarantee, Insurance pnymem, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect benefit by source and amount; 2. The Identified and pecuniary interests of o8 developers, contractors, or consultants in. volved in the application for assistance or In the planning or development of this project or activity; 3. The Identified and pecuniary interests of any other persons with a pecuniary Interest in the project That can reasonably be expected to exceed $50,000 or 10% of the grant request (whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed in two (2) or three (3) above which are corporations, or other entities, the identification and pecu- niary Interests by corporation or entity of each officer, director, principal stockholders, or other official of the en,71 S. The etlpected ansources o all Wit to be provided to the project by each of the providers of those F s d the amount provided; and 6. The expected uses of oll funds by activity and amount. Anyone who needs o special accommodation (or these meetings, including non-English speaking persons, nwst contact the county's Americans With Disabilities Act (ADA) Coordinator at 567.8000, extension 223 of least 48 hours in advance of meeting. A FAIR HWSINO/EOUAL OPPORTUNITy/161ANDICAPPED ACCESS JURISDICTION Indian River County Board of County Commissioners �4rfY By: -s- Kenneth R. Machl, Charman BOOK 94 Pr,.jE 6r35 BOOK 94 PAGE 636 The Board reviewed a Memorandum of March 13, 1995: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE Obert M. Rea i , A Community Devel pmen irector FROM: Sasan Rohani, AICP 5•(l -- Chief, Long -Range Planning DATE: March 13, 1995 RE: REQUEST FOR AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR TO MAKE APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE NEIGHBORHOOD REVITALIZATION CATEGORY It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 21, 1995. DESCRIPTION AND CONDITIONS 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 of selecting 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. One of the first CDBG required activities occurred on February 28, 1995. At an advertised public hearing on that date, the Board of County Commissioners formally chose the neighborhood revitalization category for the county's CDBG application submittal. Also at that meeting, the Board activated the existing CDBG citizen advisory committee, and established March 21, 1995, as the date for a second public hearing. On March 14, 1995, the Board of County Commissioners approved the following documents: • Indian River County Fair Housing Ordinance • Anti -displacement and relocation plan • Section 504 compliance policy • Citizen Participation plan • Procurement policies and procedures • Affirmative action policy • Non-violent civil rights demonstration policy • Acquisition plan ANALYSIS According to CDBG requirements, the Board must hold a second public hearing to obtain public input on the county's proposed CDBG application and to approve the application for submittal to the MARCH 21, 1995 � - Florida Department of Community Affairs (DCA). The Board must formally authorize staff to make the application and to sign the necessary documents related to the application submittal. As per direction provided by the Board of County Commissioners, the county's consultant has prepared the proposed Neighborhood Revitalization CDBG application. A copy of the application is on file in the Board of County Commissioners office. As drafted, the CDBG application requests approval of a $750,000.00 grant for street paving and water line extension for the targeted areas. The consultant believes that the county has a good chance of receiving the grant. The proposed application was reviewed by the Community Development Block Grant Citizen Advisory Committee on March 20, 1995. ALTERNATIVES With respect to the proposed grant application, the Board of County Commissioners has three alternatives. These are: • To approve the application as proposed • To approve the proposed application with changes • To reject the proposed application If the Board chooses either of the first two alternatives, the application will be submitted to the Florida Department of Community Affairs for consideration. If the grant is obtained, the consultant will be paid for application preparation from the grant. If the application is denied, the county will not pay any application preparation fee to the consultant. If the Board chooses the third alternative and declines to submit the CDBG application, the county will be required to pay the consultant for preparation of the application. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the proposed application and authorize the public works director to submit the application to the Florida Department of Community Affairs for their consideration. Director Keating reviewed the project and informed the Board that the Advisory Committee had met and was unanimously in favor of the project and looking forward to the benefits. Robert Johnson of Clark, Roumelis & Associates, Inc., the consultants, gave a brief synopsis of the street paving and water line project which involves two Wabasso subdivisions, Whitfield on the north and Colored School on the south. The grant funds will be allocated in part as follows: $22,000 for 11 fire hydrants; $239,850 for 5,850 linear feet of streets; $282,150 for 12,750 linear feet of water lines; $42,000 for hook-ups to 84 homes; $104,000 for engineering, technical survey and preliminary design; and $60,000 for administration costs for 2 years. There are additional engineering funds which will be rolled back into construction. $200,000 from SHIP funds will be allocated for �OCiK , MARCH 21, 1995 11 F',"Er' BOOK 94 PAGE 638 impact fees and plumbing improvements. The plans include 3,000 feet of sidewalks and a ballfield, if funds are available at the end of the project. Mr. Johnson stated that 87th Lane in the Whitfield Subdivision was not platted, will not be paved, and no water line will be installed; but fire protection will be provided. All homes in both subdivisions will be covered for fire protection. 92% of the homes in the subdivisions qualified for the program although the requirement was only for 51%. Commissioner Bird inquired about the sewer system and Mr. Johnson responded that the sewers are not being done at this time due to the exorbitant cost. Commissioner Eggert reported that a meeting was held yesterday with the neighbors who asked excellent questions and are cheering the project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) approved the application and authorized the Public Works Director to submit the application to the Florida Department of Community Affairs, pursuant to staff's recommendations. APPLICATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) adopted Resolution 95-46 Authorizing the Public Works Director to make application to the DCA for a Neighborhood Revitalization Category Community Development Block Grant. Mr. Johnson requested the opportunity to give the Board an update on the Fair Housing Workshop held on March 20, 1995. This was an informational meeting regarding the Fair Housing Ordinance adopted by the Board, with handouts being given to the real estate industry. The County earned 10 extra points on the grant application for holding this informational meeting regarding obligations to the public. They reviewed the handouts with the industry representatives and gave them an 800 number for documents, MARCH 21, 1995 posters, etc. Mr. Johnson suggested the County Attorney order a copy of an update in case law which will have an impact on the County. Apartment or multi -family obligations, requirements regarding handicap accessibility, exclusions from Florida statutes, definitions for terms, and complaint forms were all reviewed at the meeting. Clark, Roumelis & Associates, Inc. will continue to educate the real estate community and conduct workshops during or throughout the life of the grant. RESOLUTION 95-46 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NAKE APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A NEIGHBORHOOD REVITALIZATION CATEGORY COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, Indian River County is experiencing a need for physical improvements in one or more low -to -moderate income neighborhoods; and WHEREAS it is the desire of the Indian River County Board of County Commissioners that local residents be assisted in creating an improved living environment in these areas; NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA; that SECTION 1. The Community Development Block Grant (CDBG) program is declared to be a workable program for providing needed physical improvements in the low -to -moderate income areas indicated in the proposed 1994/95 CDBG application. SECTION 2. The Board of County Commissioners hereby directs the County Clerk to sign all necessary certifications for the Community Development Block Grant application. MARCH 219 1995 13 Boa 94 ai�,Lb40' RESOLUTION 95-46 SECTION 3. The Board of County Commissioners directs the Public Works Director to execute and submit the attached application to the Florida Department of Community Affairs for state approval. SECTION 4. The Board of County Commissioners authorizes and directs the Public Works Director to submit additional information in a timely manner as may be required by the Florida Department of Community Affairs. SECTION 5. The proposed CDBG application is consistent with the Indian River County comprehensive plan. SECTION 6. The Indian River County comprehensive plan is hereby adopted as the County's community development plan. SECTION 7. This Resolution shall take effect immediately upon its passage. The foregoing resolution was offered by Commissioner Eggert , and seconded by Commissioner Adams , 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 Afire Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Absent MARCH 21, 1995 14 � � i RESOLUTION 95-46 The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March, 1995. Board of County Commissioners of Indi Rivero By: Kenneth A."blacht, Chairman Board of County Commissioners Attest by: Jeffrey K. Barton, r APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins, II Deputy County Attorney PAVING & DRAINAGE IMPROVEMENTS/141H STREET EAST OF US#1 The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: MARCH 21, 1995 15 BOOK 9 P,pu 641 VERO BEACH PRESS -JOURNAL Published Daily Vere 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 the 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 / ze�� °L �d�/!/.•L /.ri'�/�'/%%s��l/�' In the Court, was pub- I/ In said newspaper in the Issues of A;aZ4 z /Z 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 publicalion of the attached copy of advertisement; and allianl further says that he has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this sdvertlsemi@nt for publication in the said newspaper. SwQr' , and subscribed befpla me this f. A/ day ofA.D. 19 ~�' U UAt IiAnA,... Ir i(usfness Manager) • - :. , Luno„ . , ..m „ i Z6EAQ h' Boos 94 PACE G4 PUBLIC NOTICE PAVING & DRAINAGE iMPROVEMENTS TO 14TN STREET EAST OF U.S.1 RESOLUTION N0.OS-35 A RESOLUTION OF MAN RIVER COUN- TY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 14TH STREET EAST ' OF U.S. #1 AND OTHER INTERESTED PER- SONS 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 PAY- MENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ; ASSESSED AGAINST EACH PRORERTY BENEFITED THEREBY. WHEREAS. the Board of Canty Commissioners of Indian River County has, by Resolribn No. 95• 34, determined Chet it Is necessary for the pd* welfare of the citizens and the, and pardco-. larty as to Mme living, workingowning pmp. arty within the area described herein, that paving and drainage Improvements be made to sold prop - W, WHEREAS, the Board of Canty Commissioners has caused an assessment roll to be completed and, Mod with the Clerk to the Board; and WHEREAS, Sectlon 206.06, Indian River County Code, requires that the Board ofCois- . slo ners shall fix a tine and pace at which the own- i ors of the properties to be assessed or arryr coon persons interested. Dwain may appear before the Board of Canty Commissioners and be heard as to' the propriety and advisability of making paving and dralnege i ovements to said property, as to the tit thereof, as to the manna of payment D*efor, and as to the amount thereof to be t against each property benefited NOW, THEREFORE, BE R RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF td- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The Canty Comilssbn shall meet at the Canty Commission clambers In the County AdministrialJoh Bulldlhg at the thole of 9:05 A.M. on Tuesday, March 21, 1995, at which time the owners of the properties to be assessed and any other hterested persons may appear before said Cartmissbn and be heard In regard to Sall property. The area to be improved and the propertes to be specially bane. 8ted are more particularly desabed upon the as- simment pat and the assessment roll with regard to the spscial assessments. 2.' Al persons Wrested I1 the confift ctbn of said ovements and properties to a specially b special assi erffted a preview the assessment pat showing the area to be as- sessed, the assessment roll, the plans and sped- ficalkhns for said Improvements. and an estmate 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 thte and place of this pubic hears g thhell be by the Departfnent of Phbic Works by two pull" in the Vero Beach Press Juuunal Nehvspaper a week apart. The last publication shall be at least one week prior to the date of the hfm 17 The Indian River County Deparbrhert of Pubic Woks shall give the owner of each property to be specially assessed at least ten days notice In wrung of such time and pace, which shall be served by maSng a copy of such notice to each of such prop- erty owners at his last known address. The resolution was moved for adoptlon by Corn. missloner Adam, and the muton was seconded by Commissioner Eggert, and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Malt Aye Vice Charman Fran B. Adams Aye Co mlaslorer Join W.Tipplh Aye Camniscioner Richard N. Id Aye The Chatrnen�thunWonE�declared the resolution duly passed and adopted ft 28 day of Fabnery, W5.BOARD OF COUNTY COMIASSiONERS INDIAN RIVER COUNTY, FLORIDA r By -d -Kenneth R. Maciht,Chairman , Attest: -.ge.je Trey K. Barton, Cleric March 7,14, 995 • D C i'..' ; tie" The Board reviewed a Memorandum of March 8, 1995: MARCH 21, 1995 16 s � � TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 14th Street East of U.S. 1 DATE: March 8, 1995 DESCRIPTION AND CONDITIONS On February 28, 1995, the Board of County Commissioners adopted Resolution No. 95-34 providing for certain paving and drainage improvements to 14th Street east of U.S. 1. The Indian River County Public Works Department received a petition for public improvement assessment from the Council on Aging. On February 28, 1995, the Board of County Commissioners adopted another Resolution 95-35 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for March 21, 1995. RECOMMENDATION It is recommended that motions be made to approve the assessment roll, and confirming resolution with changes, if any, made after input at the March 21, 1995 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. Public Works Director Davis reviewed the project for the Board and advised that, at the time the project was initiated in the 1980s, the County did not own the right-of-way from US #1 to the Council on Aging's property. That right-of-way has now been acquired, the design is complete for additional paving, and the assessment roll has been drawn. Commissioner Bird commented that 14th Street has been a problem area for a long time and he is glad to see a resolution. It is a public street which will be used more when completed. He felt, however, that the County should improve the street and pay for the improvements out of transportation funds, rather than by assessment. MARCH 21, 1995 17 BOOK 94 Pv;L- 643 BOOK 94ma 644 Commissioner Eggert advised that she is in receipt of a letter from the Council on Aging with regard to their assessment and will supply copies to the commissioners. Commissioner Adams did not agree that the County should pay for all the work as it would create a precedent for other improvements on public streets. She felt that it is only fair to assess the various owners. Commissioner Bird pointed out that the County puts aside a certain amount of funds each year for road improvements and this is not a street that is solely for the use of the abutting property owners. Director Davis stated this is considered to be a local road and, under the County's petition paving program, 75% should be assessed to the benefitted owners. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Robert Mooney, Jr., owner of Home & Patio, Inc. at 1396 U.S. #1, was glad to see something happening with 14th Street which has been a big problem and expense. He and his sister have operated Home & Patio since 1972. They have put in 20 loads of fill, 10 loads of shell and completed grading, compaction, and made paving improvements. They have also taken care of maintenance, such as fixing potholes and will be glad to substantiate the improvements completed. The County's project will necessitate removal of a portion of the improvements which were financed and built by Home & Patio. They feel they have paid their fair share to the establishment of 14th Street which will be utilized by the County and are asking for a credit on the assessment for past contributions. They always have tried to cooperate with the County and gave a utilities right-of-way in the spirit of that cooperation. The County will be a partial beneficiary of most of the expenditures they have made and they feel a credit should be given. Bill Russo, manager of Dependable Dodge, related that when Dependable Dodge purchased the Clock Restaurant property, they made improvements and feel that their assessment has been prepaid. They originally obtained bids on redoing the whole property and Trogden Paving's bid for all the work was approximately $5,000, while their pre -paid assessment credit is for only $1,883.24. County Engineer Roger Cain explained that no credit could be given for work done outside of the County right-of-way but we can give them credit for work done in the right -of; --way and if Dependable Dodge could substantiate a higher number, they would be willing to take another look at the assessment credit. Last week Mr. Russo furnished us with another proposal with itemized costs MARCH 21, 1995 i and we came up with $2,987.89. Again, the proposal by Dependable Dodge uses their estimated values. Staff is looking for direction in this. Mr. Russo also mentioned that a local mobile home park could be the biggest beneficiary since they are so close to the Council on Aging and only have to walk across the paved street. The Chairman asked if anyone else wished to be heard in this matter. There being none, he closed the public hearing. Commissioner Eggert felt that this is not a typical residential road and stated that very few people would use the road if not for the Council on Aging. She emphasized that the Board did not completely fund the Council on Aging and felt that the County should pay the Council's assessment. MOTION WAS MADE by Commissioner Eggert, seconded by Commissioner Bird, that the County fund 50% instead of 25% and pay the Council on Aging's share of what is left. Commissioner Adams suggested this would be setting a precedent and would cause future problems. She asked for a traffic count and Director Davis responded there are 200-300 trips per day for the Council on Aging. East of the Council on Aging is residential land use with 8-10 homes. Commissioner Bird cautioned that the traffic count is very misleading at this point in time and suggested that more people will use the road once it is improved. He also felt that possibly an additional credit should be given for contributions already made by property owners. Chairman Macht preferred that the Board readdress the matter after investigating the input and the Council on Aging's letter. Director Davis reminded the Board that the right-of-way acquisition took a number of years and the County funded over $20,000 for this public right-of-way. THE CHAIRMAN CALLED THE QUESTION. The motion failed by a 2-2 vote (Commissioners Adams and Macht dissenting). MOTION WAS MADE by Commissioner Adams, SECONDED by Chairman Macht, that the Board adopt Resolution 95- 47 confirming the assessment roll as is for certain paving and drainage improvements to 14th Street East of U.S. 11. BOOK 94 F'��UE, MARCH 21, 1995 19 BOOK - FAIE Under discussion, Commissioner Bird agreed that the project needs to be done and said he would support the motion rather than see the project not get done but felt that credits should be given to Dependable Dodge and Home & Patio for the monies expended and work performed. Commissioner Adams offered to amend her motion to allow for credits to be given to Dependable Dodge and Home & Patio. Mr. Cain agreed that staff would re-examine the data in an attempt to possibly allow additional credits to Dependable Dodge and credit Home & Patio for the stabilized subgrade. Commissioner Bird wanted it made part of the record that the County is not assessing the mobile home park because there is no access to 14th Street and that, if they use 14th Street in the future, they have not paid their fair share. MOTION WAS AMENDED by Commissioner Adams, SECONDED by Chairman Macht, to include instructions to staff to review the assessments for Home & Patio, Inc. and Dependable Dodge; and to agree to table the discussion regarding the Council on Aging's assessment until March 28, 1995. THE CHAIRMAN CALLED THE QUESTION and the Amended Motion carried by a 4-0 vote (Commissioner Tippin being absent). Confirming (Third Reso.) 2/7/95(ENG)RES3.MAG\gfk RESOLUTION NO. 95- 47 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 14TH STREET EAST OF U.S. 1. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 95-34, providing for certain paving and drainage improvements to 14th Street east of U.S. 1; and WHEREAS, said resolution described -the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 206.06, Indian River County Code; and MART 21, 1995 RESOLUTION 95-47 WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 95-35, on February 28, 1995, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on March 7 and March 14, 1995, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, March 21. 1995 at 9.05 A.M. conducted the public hearing with regard to the special assessments, 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. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. uL 1 MARCH 21, 1995 21 QOOK �� ' BOOK 9 F,�E 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Macht 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 Absent Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of March 1994. BOARD OF COUNTY COMMISSIONERS INDIIVER COUNTY, FLORIDA By - KENNETH R. MRCHT, Chairman est: Jef K. Bart c� , Clerk ��}y Attachment: ASSESSMENT ROLL VERO BEACH HIGHLANDSMATER EXPANSION RESOLUTION III The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: y The Bond of County Commissioners of Indian Ftiver County, Florida, hereby provides notice of PLOW HEAFING scheduled for 9.05 A.M. on pTuesday — March �2r1, 1995, to d ? pro-' MENT PROJECT resolution „latirtg o a River CamtyLfor the In- stallation stallatlon of WATERY SERVICE TO VERO BEACH H04LANDS. end providing for special assessment . liens to be made of record on the properties to be served. Mycete who may wish to appeal any decision which ma be made at this meeting will meed to armee tltet a verbatim record of theproceedings le made, whirl+1114mg testimony and evidence upon which the appal is based. Anyone who needs a special accommodation for this mee*v may contact the County's Anwicans with Disabilities Act(ADA) Coordinator at 587- NW. Ext. 408. at bast 48 hours In advance of the rrtee Marsh 1.10,1995 1179284 MARCH 21, 1995 22 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—"GdtZ Alliant 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. bWgl ,taand 9ubscribel belore me this day of '��A.O. 1g .; ` l7 1 Q. (Business Manager) tSEALf r ., • . The Board reviewed a Memorandum of March 10, 1995: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND MARCH 10, 1995 JAMES E. CHANDLER COUNTY ADMINISTRAT TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES JAMES D. CHASTA MANAGER OF ASS S T PROJECTS DEPARTMENT OF UTILITY SERVICES VERO BEACH HIGHLANDS WATER EXPANSION RESOLUTION III - PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO. UW -94 -01 -DS On February 28, 1995, the Indian River County Board of County Commissioners approved Resolutions 95-36 (Resolution I) and 95-37 (Resolution II), which contained the preliminary assessment roll and established the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 95-36 was published in the PRESS JOURNAL on March 6, 1995. (See attached agenda item and minutes for the above meeting.) MARCH 21, 1995 23 BOOK FAIJ BOOK 94 PACE 650 ANALYSIS Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessment. Informational meetings were held for the property owners on March 6 and March 8 at 7:00 p.m. in the County Commission Chambers. The attached map displays the area to benefit from the assessment project. The project will generally serve the following described areas: 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 nonplatted 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." 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 Resolution III. Manager of Assessment Projects, James D. Chastain, reviewed the Memorandum for the Board and advised that two-thirds of Vero Beach Highlands already has water service. This remaining portion will complete the water service. The estimated cost for the project is $992,498.35 which is a very reasonable estimate. Commissioner Eggert questioned the quality of the water presently available to the residents, and Mr. Chastain responded that it is reportedly substandard although some residents feel it is satisfactory. He felt that from the vast majority of calls received, most residents are in favor of the project. Construction in the area has been very vigorous; there are at least 250 homes there now; and the area is growing rapidly. MARCH 21, 1995 w Commissioner Bird questioned the cost per resident, and Mr. Chastain advised that the cost would be about $1,178 for a 10,000 square foot lot, 75 x 120 feet. Commissioner Eggert inquired whether the Environmental Health Department agreed with the assessment of substandard for the present water quality, and Mr. Chastain responded affirmatively. Commissioner Bird then questioned the options for payment of the assessments and the timing for completion of the project when the money would be due. Mr. Chastain estimated that the project would be completed in early 1996, approximately February. The first of 10 annual installments would be due about February, 1997, at 8.5%. Commissioner Bird reflected that this amount would bring water to the property line and questioned what further obligations the homeowner would have. Mr. Chastain explained that when application to connect is made, there is a $1,570 standard water impact fee, $130 for a standard meter, and a $50 security deposit which will be refunded after 2 years of satisfactory payment. The impact fee can be paid over a 10 -year period in monthly installments, but owners of homes already existing at the time of the assessment are not required to connect. The Board then noted a petition bearing 103 signatures of opposed residents: lmiiffiml We the citizens of VERo BEACH HIGInANDS are AGAINST having county water lines nm into are area. Therefore we are petitioning the Indian River County Commissioners to VOTE DowN THIS PRoiEcT. This project is not wanted or needed. There is county lines already run through this area to provide FIRE protection. ❑ Ycs Name: �-ZAddresss: ,� p y,� v ''`� �,W- S Rcg�stcred Voler•.r-u;o .. 1K, ��o Regislered Voler:Yes ~ Addresss:A UY-(, - 40 C4.,,� -� W� (ANo Nam (RECEIPT OF PETITIONS IS HEREBY ACKNOWLEDGED. PETITIONS HAVE BEEN RETURNED TO KIM CONANT) The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Robert Swift, 3820 Indian River Drive, managing partner of Indian River Club, which is out of the proposed area, advised he had received many calls regarding the project. He wished to state MARCH 21, 1995 25 B®oK 94 M';E 651 BOOK 94FAGS 5 that the Club would not benefit from this project and that they have not had any discussions with the Utility Department about this extension. Mary Capobianco appeared on behalf of her son who lives in Long Island and purchased property in Vero Beach Highlands 8 years ago. The home on one side of her son has a septic tank in front and the home on the other side has a septic tank in back. Last summer her son came down and contacted BMS Builders to build a home on the property. A survey was done and his property is now an unbuildable lot. She questioned why the inspectors did not see there wasn't space for him to put in his well and septic tank and thereby allowed his property to become unbuildable. She also questioned why he should pay the assessment unless he can build on his property. Mrs. Capobianco also stated that one of the neighbors had evidently agreed at one time to allow their well to be moved but then had a change of heart because they did not want their driveway disturbed. Commissioner Adams stated that when staff looks at a plan, they only look at what is currently on the property and it is not their responsibility to inspect surrounding properties. Director Keating advised that when the building permit is submitted, the Environmental Health Department inspects wells and septic tanks, as well as checking for minimum open green areas and setbacks. When a new subdivision is developed, the Utility Department reviews the plan with Environmental Health, but for existing subdivisions, they -do not. Commissioner Bird believed that Environmental Health is probably the only department who could answer questions about making this a buildable lot. Director Pinto emphasized that this is a problem throughout the development, and Commissioner Adams agreed that Mrs. Capobianco's son needs some relief to be able to use his property. Director Keating advised that there is a 75 foot standard for potable wells, but if the owners on both sides connect to the water system, the 75 foot problem would be solved. Commissioner Bird remarked that this problem points out the need to complete the water system. John Capobianco, 7908 Kenwood Road, Lakewood Park, advised that his son's property has become a dumping area and he does not believe his son should pay any taxes or assessments until the lot is made buildable. His son lost about $1200 in attorney fees and Mr. Capobianco feels a way should be found for him to build on his lot before the water system is installed. MARCH 21, 1995 Director Pinto offered to meet with the Health Department in an effort to assist Mr. and Mrs. Capobianco with their son's problem, and Chairman Macht stated that they will try to work it out. Rim Conant, 1875 6th Avenue Southwest, stated that most of the families in the area cannot afford the assessment or the possible cost to hire a plumber, plus a monthly water bill. The majority of the children in the area are either on a subsidized or free lunch program and the residents are scared and angry. They are under the impression that the Utilities Department will put liens on their properties and enforce the liens for this service, which is not needed or wanted. They are all concerned that if, for whatever reason, they cannot pay the assessment, they could lose their homes. Ms. Conant felt that communication with the residents was not appropriately handled as some residents did not receive notification until Monday, March 6, 1995 regarding the informational meeting being held that evening. There were a few who did not receive notification until after that date. The residents feel their water is safe and cannot understand why.the County would force them to have water lines without forcing them to connect to the lines. They are also questioning how safe municipal water might be. Ms. Conant stated that she sees a lot of people who have County water in their homes standing in line at the water machine at Publix. She moved to Vero Beach Highlands to get away from County water and the majority of residents said they would not have built there if the house had been connected to County water. Their water is fine and they don't need or want County water and they are asking the County to please review the proposal. Commissioner Eggert asked Ms. Conant to please define "access fee" as she is using it, and Ms. Conant explained it is the fee to run the lines, the assessment. Mr. Chastain stated that he had learned the informational letters that were mailed February 28th and March 1st, by certified mail, return receipt requested, were not delivered by the postal service until March 6th. They had never experienced such poor postal service before. He knows that many residents, however, received notification on March 1st because he had many calls. Normally notices sent in this manner are received in 2-3 days and this is the first time he has ever experienced a week's delay in mail delivery. Bryan Woodrow, 1346 17th Place Southwest, advised that he moved to Vero Beach Highlands because there was no County water and now he is being assessed. It is going to cost him $4,000-$4,500 to Boa 94 Y., -Jr MARCH 21, 1995 27 653 BOOK 94 PAGE 654 get tied in, along with the metering process which will require a plumber. He just bought his house and feels he is going to lose $60-70,000 because he does not want County water. Commissioner Bird explained that, if a lien is recorded, it is recorded against the property and at some point in the future would have to be satisfied from the proceeds of the sale of the property. Mr. Woodrow wanted to know who is getting the interest from the fees being paid over 8-10 years, and Commissioner Bird responded that the County is fronting the money to construct the project. Chairman Macht explained that the County must pay interest on the monies and only recovers that interest from the assessments. Attorney Vitunac stated that the County Attorney's office does take action to collect any liens which are overdue. The County would not like to foreclose on someone's property but would if the necessity arose due to bond covenants that require the County to take action to collect all unpaid debts. Commissioner Adams inquired whether lien collection actions would be brought before the Board for approval prior to being filed, and Attorney Vitunac responded that with the 10 -year payment plan, the County has never had to file a formal lien collection action. Mr. Woodrow continued that the assessment represents a lot of money to him; a lien would ruin his credit rating; his driveway will be torn up; and he is losing $50 in wages to come before the Board today. He makes $25,000 a year and the assessment is a lot of money for something he doesn't need or want. Director Pinto added that the original developer also had plans to develop a private water system and he believed that when three-quarters of the lots had been developed, the plan would have required putting in water and sewer. There also would have been connection fees to the private utility company. Ray Wollschlager, 106 Darden Court, Sebastian Highlands, advised he had rented a residence for 6 months prior to moving to Vero Beach Highlands and paid $800 month rent. At that location he had County water and was told not to drink it. He was not aware of the petition circulated by other residents but would have signed if asked. Mr. Wollschlager was also concerned that a number of out- of-town owners may not have had a chance to object. Commissioner Eggert stated that she had received a number of calls from out-of-town owners who were in favor of the project. Charles C. Heartsfield, director of project management, Atlantic Gulf Communities, advised that his company is seeking an adjustment on a parcel in Vero Beach Highlands. They are being assessed for 2 separate parcels when their property is actually MARCH 21, 1995 contiguous with one owner and they are requesting an adjustment on that basis, as well as an adjustment for a maximum of 125 feet. They are also being assessed for two frontages; one on 6th Avenue Southwest and one on 14th Place. It is their understanding that other corner lots are not being assessed on that basis. Their property consists of approximately 20 acres. Director Pinto advised that Atlantic Gulf is only being assessed for a depth of 150 feet; however, the double frontage was not taken into account and the department would be glad to investigate further. Commissioner Bird inquired as to the amount of Atlantic Gulf's assessment, and Mr. Heartsfield responded that the proposed assessment for 2 parcels is approximately $30,000. Director Pinto stated that the benefit being received by Atlantic Gulf is considerable as the water system will make the entire parcel available for development. Gladys Hall, 1165 17th.Lane Southwest, stated she had raised 5 children, 4 by herself, and had never been able to save much money. She has lived at Vero Beach Highlands for 6 years. Her son, who is a building contractor, and her granddaughter and 3 children also live there. Social security is her only income and she is having trouble paying her taxes. Her home is free and clear but she does not have the money to pay the cost of $1,500 to have this line put in front of her house. She and her relatives expended extra monies to have extra dirt brought in to make their homes higher, as well as paying extra for their wells and good water conditioners. They are totally satisfied with the quality of their water and cannot see paying this money when they have no problems whatsoever. They feel they cannot afford the assessments. Vinnie Palladino, 1715 20th Street Southwest, advised he is satisfied with the water he has and that those who are unsatisfied could improve their water for a fraction of the assessment monies. He and his son and other neighbors would have signed the petition had they been asked. Vickie Volk, 2026 16th Avenue Southwest, stated she has a well and water conditioner and is very satisfied. She inquired how the plan will benefit the County. Director Pinto clarified that the project pays for itself. The County does not make money from the taxpayers. He added there is not a profit margin built into the system. Ms. Volk then inquired if the County could help on the 8.5% interest, and Director Pinto responded that the 8.5% represents the cost of money which the County has to pay. Ms. Volk wanted to know why, if the residents have not asked for this project, it is being proposed and how it came about. 655 MARCH 21 1995 �ooK �4 ��,�� 29 boa 94 PAGE 656 Director Pinto explained that the development would not be allowed to be developed today under the present conditions as other new developments must have water and sewer systems. The County's Comprehensive Plan deemed that utilities are to be required in new developments. The County, however, has decided not to provide a sewer system at this time due to the cost. Water is required as each project is built out as it was determined that allowing wells causes substandard water quality problems. Commissioner Adams added that the regulations go back to the Clean Water Act. She felt it is ironic that the areas chosen to receive water usually have the least ability to pay the impact fees and costs. People move into those areas because of affordable housing and then mandates are imposed. She stressed that she does not know what the answer is but the more she hears about people living on fixed incomes trying to pay the costs of these projects, the more she is convinced that government somehow has to come up with a method to assist in the cost because the projects are for the benefit of the people. Director Pinto advised that the terms are at the discretion of the Board as far as the interest rate and length of time allowed for payment of fees and charges. However, the figures have been analyzed and a determination was made that in financing the best buy is over a 10 -year period. After 10 years, the interest rate takes away any benefit of an extended payment period. He also reminded the Board that the development had been initiated with a plan for utilities, either by the County or a private utility, but the private utility had never collected any fees. Chairman Macht recalled that GDC's plan had substantial rate increases which the County was able to reduce considerably. Commissioner Bird believed that purchasers prefer to have a house on a municipal water system rather than to take a chance on a well and that, in general, the value is recovered on resale of the home. Ms. Volk wanted to know whether she would still have to pay the impact fee if she chose not to connect to the water system. Chairman Macht pointed out that the investment would be returned in the sale of the property and that the gain is in reliability and safety. The fire protection system also impacts on the insurance costs. County water is very good water, better than the great majority of systems, as it comes through reverse osmosis, which is very close to nature's way and which has become a world standard. Ms. Volk appreciated Commissioner Adams' concern for the cost and stated that, as a single parent, it is certainly a financial hardship. She understands it will increase the value of her home, MARCH 21, 1995 and she certainly has a great deal of concern for the quality of her water, but she is not yet convinced that municipal water is better than what she has. She encouraged the Commission to look at other means for paying for the system and asked that, if residents must pay for it, the Commission attempt to make it easier on their monthly budgets. Her utility bill as a renter in the past was $60 per month and she moved because the utilities would be less costly. She asked about an estimate for monthly fees once the system is connected. Mr. Chastain advised that estimates fluctuate from 3,000 to 5,000 gallons monthly for a husband, wife and child who typically use an average of 4,000 gallons per month, which would be about $15 per month. Director Pinto explained that the monthly charges are dependent on the use rate and increase if you use more than 10,000 gallons. The Utilities Department can supply a rate chart which shows between $15-$20 a month as a normal rate. Ms. Volk then asked where owners can go to continue opposition, and Attorney Vitunac stated that this would be between the residents and the court system as a class action. Ms. Volk reiterated that she is opposed to the project. David Radabaugh, 20165 14th Avenue Southwest, advised that he received the notice after the first meeting was held and inquired how long it would be before the sewage system is ready. He also wanted to know what the actual cost of $1,500 financed at 8.50 would be over a 10 -year period. Commissioner Bird responded that the actual cost would be approximately double. Mr. Radabaugh then inquired if the sewage system will be mandated, and Director Pinto explained that construction of the sewage system has not been projected and that it would depend on whether it became a health problem. Mr. Radabaugh wanted to know, in that event, if the residents would be mandated to hook up, and Director Pinto advised that the State can require connection to the sewer system. Chairman Macht emphasized that the water system is in response to a recognized health hazard because of the small size of the lots in Vero Beach Highlands with their proximity to the septic tanks. The residents could be drinking bacteria from infiltration and, under the Clean Water Act, counties are required to address that problem. The most inexpensive and efficient solution is to make safe water available and that is what the County is doing, relieving some problems with the health situation. BOOK 94 prL1,657 MARCH 21, 1995 31 BOOK U �.658 Ms. Conant again asked to be recognized and questioned whether the residents could get a grant from the Farmers Home Administration to assist in payment of the assessments. Commissioner Eggert explained that the Farmers Home Administration grants are not available any longer. Ms. Conant stressed that the residents are concerned not only about this assessment but the coming sewer assessment, plus impact fees. The people are afraid of losing their homes. They feel that they cannot afford the assessment; that the water they have is healthy; and that there are many residents on fixed incomes who have children and mortgage payments, as well as senior citizens with no income but social security. Commissioner Bird felt that the concern should be that conditions will certainly deteriorate when there are three times as many homes as now exist. Ms. Conant agreed that government can mandate the water system if the wells are contaminated, but wanted to know why the government doesn't have to help them with the cost. The Chairman asked if anyone else wished to be heard in this matter. There being none, he closed the public hearing. Chairman Macht then inquired if the Board would be willing to obtain independent analyses of the water with representative samplings of County water and Director Pinto advised that the information has already been collected and is available to the Board. He reminded the Board that the quality of the County water far exceeds any private system. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board adopt Resolution 95-48 confirming the special assessments in connection with water service to portions of Vero Beach Highlands and providing for special assessment liens to be made of record, as recommended by staff; and that the County Attorney be directed to investigate the requirements of lien foreclosure as they relate to the County's bond requirements. Commissioner Eggert agreed that this is a difficult decision but felt that the response she received from residents was far more positive than negative. Commissioner Bird stressed that difficult decisions made today often are for the benefit of the future. Commissioner Adams felt that we should do an investigation of ways to relieve costs, and Chairman Macht stated that the City of Vero Beach had a policy at one time that, in hardship cases, liens MA-RCH 21, 1995 a placed on properties were satisfied only at the time of transfer of the property from the proceeds of sale. Attorney Vitunac advised that he would research the County's bond requirements to see if that was possible. THE CHAIRMAN CALLED THE QUESTION and the motion carried by a 4-0 vote (Commissioner Tippin being absent). Public Hearing ( Third Reso . ) RESOLUTION NO. 95- 48 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER SERVICE TO PORTIONS OF VERO BEACH HIGHLANDS AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No.. 95-36, adopted February 28, 1995, determined to make special assessments. against certain properties to be serviced by a water main extension to portions of Vero Beach Highlands (Project No. 94 -01 -DS); and WHEREAS, - Said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 95-37 on February 28, 1995, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to • be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.q7, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, March 3, 1995, and Friday, March 10, 1995 ( twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and MARCH 21, 1995 33 B09K 94 PA, u BOOK - 660 RESOLUTION 95-48 WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, March 21, 1995, at 9:05 a.m. conducted the public hearing with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OFA INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed. until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, oh' the public' records, which shall constitute prima facie evidence of the validity of the special assessments. The- resolution was moved for adoption by Commissioner F g g P r t , and the motion was seconded by Commissioner gird 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 Absent The Chairman thereupon declared the resolution duly passed and adopted this 2_ day of March, 1995. BOARD OF COUNTY COMMISSIONERS INDKKenln-e'jt ER COUN�RIDA By h acht Chairman ORDINANCE ESTABLISHING "COMBAT AUTOMOBILE THEFT" PROGRAM - FLORIDA UNIFORM TRAFFIC CONTROL LAW The hour of 9:05 A.M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: MARCH 21, 1995 34 VERO BEACH PRESS -JOURNAL Published Daily Vere Beach, lndfan 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 .-7:? /, r a In the matter of In the Court, was pub - NOTICE _ fished M acid newspaper in the Issues of �✓ �['" oGCc •r r r�3� �� '�, R 01 �"' Gn""Issl°"°" of n rx Cov,ry, Fbrlda, rgtl0e of a or Rtve Pubk Me" ad la 0: a.m. an Tuesday r ; March 21. 19_95, to dimes 90 IolbwlnB P►oposeri'1. Afflanl 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 salrl newspaper has heretofore been continuously published in said Indian River County. Fin►ida, each daily and has been entered as second class mail matter at the post office in Vero Rench, in said Indian River Coun• ty. Florida, for a period of one year next preceding the first ptrhlicalion of file attached copy of advertisement; and afflant further says that he has neither paid nor promised any person, firm or corporation any discount, rehate. commission or ►elund for the purpose of securing this advertisement for publication In the said newspaper. 8w0i►n to end !lubscrl6ed lore�.me this day of �Lr �� 1,1:D. 19 4 • ' �1 (Business Manager) cseA4 =roti^r AaG'i.t "w, '•gyp : ;w•; .. �+ .. TO Anyone who may wish to eWaI any dectsla, vAadl nuy he meds at ft Pt tie Heartg on March 21 19^5, wE need to ts,s,xe that a verbatim record of the proceedtrgs is made, which Indudes lestfiary and evirwim won which the appeal Is based. Anyone who needs a e< oW accommodation for gas �the Conty's Americans willdmheconct CM.OnSiOr at 587-8000, E"xt�. 408 at least 40 hove In advance of the meat- Feb.28,1995 117810e Assistant County Attorney O'Brien stated that the County had implemented a program about a year and a half ago at the request of the Sheriff, called "Operation Nighthawk". This ordinance merely standardizes the same program under the new name of "Combat Automobile Theft" throughout the state. Sheriff's Deputy Ron Kramer then appeared to answer any questions regarding the program. Commissioner Eggert wanted to know if the program just covers those people who sign up for it and Deputy Kramer responded in the affirmative. Deputy Kramer then explained that the program is basically designed to operate from midnight through 6:00 A.M. If the enrolled vehicle is seen on the street during those hours, the police have probable cause to check and make certain the vehicle is not being stolen. This program covers a 4 -county area; Okeechobee, Martin, St. Lucie and Indian River Counties. There have been no thefts reported for vehicles enrolled in the program. It puts the criminals on notice that the vehicle will be treated as stolen. It MBou 1- ARCH 21, 1995 3 5 BOOK 9 4F'Fa.GE 682 is a concerted effort by all agencies from 1:00 A.M. to 5:00 A.M. Deputy Kramer then noted that this is a proactive, rather than reactive, program and it does work. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board by a 4-0 vote (Commissioner Tippin being absent) adopted Ordinance 95-08 relating to motor vehicles; establishing the "Combat Automobile Theft" program as authorized under the Florida Uniform Traffic Control Law, as recommended by staff. ORDINANCE NO. 95- 08 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. WHEREAS, Section 316.008, Florida Statutes, which is part of the Florida Uniform Traffic Control Law, authorizes Florida counties and municipalities to enact ordinances to establish "combat automobile theft" (CAT) programs whereby motor vehicle owners may enroll their vehicles and give written consent to law enforcement officers to stop the enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly displayed in the lower left corner of the enrolled vehicle's rear window; and WHEREAS, the statute provides that the vehicle owners are responsible for removing the CAT decals when terminating participation or selling or otherwise transferring ownership of an enrolled vehicle, and provides immunity from civil liability for law enforcement officers who stop enrolled vehicles in accordance with program requirements; and WHEREAS, the County has enacted the same program under the title of "Operation Nighthawk" (Section 306.09, Indian River County Code); and WHEREAS, it has been determined by the Florida Department of Law Enforcement that standardization of the program throughout the state will enhance the effectiveness of the program; and MARCH 21, 1995 36 min ORDINANCE 95-08 WHEREAS, the Sheriff of Indian River County and the Board of County Commissioners want the CAT program established in Indian River County and to provide for the Sheriff to administer it; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT Section 306.09 of The Code of Indian River County, Florida, is amended to read as follows: Section 306.09 - Combat Automobile Theft Program (a) The Florida Uniform Traffic Control Law authorizes counties and municipalities to enact ordinances to establish "combat automobile theft" (CAT) programs whereby vehicle owners may enroll their vehicles giving advance written consent to law enforcement officers to stop their enrolled vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly displayed in the lower left corner of the vehicle's rear window. (b) A "combat automobile theft" CAT program, as authorized under the Florida Uniform Traffic Control Law, is hereby established in Indian River County, Florida. The program shall include: (1) Consent forms* to be executed by motor vehicle owners who enroll vehicles in the program. (2) CAT program decals which conform to the specifications, colors, and design of the uniform CAT decal established by the Florida Department of Law Enforcement for use throughout the state. (3) All other provisions of the "combat automobile theft" program as provided for in the Florida Uniform Traffic Control Law. (c) Administration of the program shall be conducted by the Sheriff of Indian River County, Florida. 800( P: u[:,(? MARCH 21, 1995 37 BOOK 94 PAGE 664 ORDINANCE 95-08 SECTION 2. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. EFFECTIVE DATE This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21 day of March , 1995. This ordinance was advertised in the Vero Beach Press Journal on the 2 8 day of February , 1995, for a public hearing to be held on the 21 day of March , 1995, at which time it was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Absent The Chairman thereupon declared the ordinance duly passed and adopted this 21 day of Attest:} Jef rey, K. Barton, -/',Clerk t.) I March , 1995. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Kenneth R. Macht Chairman ACKNOWLEDGMENT by the Department of State of the State of Florida, this 29th day of March , 1995. EFFECTIVE DATE: Acknowledgment for the Department of State received on this 3rd day of April , 1995, at 1 (). 1 Ej a.m./pxg*X and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. MARCH 21, 1995 SURPLUS SALE/TAMPA MACHINERY AUCTION, INC. /AUCTIONEERING SERVICES AGREEMENT The Board reviewed a Memorandum of March 10, 1995: DATE: March 10, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director�0 General Services FROM: Fran Boynton Powell, Purchasing Manage v SUBJ: Surplus Sale/Tampa Machinery Auction, Inc. Auctioneering Services Agreement BACKGROUND INFORMATION: The current Board approved list of surplus items has several pieces of heavy equipment (Exhibit A) that require special handling in order to realize their maximum resale value. In surveying other governmental agencies on how they dispose of surplus equipment, several stated that they used the services of Tampa Machinery Auction, Inc. Tampa Machinery Auction, Inc. has been in business for twenty five years, and has a very good track record as to their success in bringing top dollar for their sales. They hold an auction once a month and promote it with radio and television advertising plus a regular mailing list of 15,000 to 20,000 regular subscribers. This company has an advertising budget in excess of $100,000 and on an average, over 2,000 buyers attend their monthly sale. The following agencies contacted shared their success stories about this company bringing them top dollar for equipment. Highlands County: Under contract with this company for eighteen years. County received higher returns than by conducting their own auction. Ex: 30 year old piece of Caterpillar equipment bought by the County for $70,000, was sold by Tampa Machinery Auction for $35,000. Dump trucks auctioned by Tampa Machinery brought in prices $2,000-$3,000 higher than at a local sale. Record keeping is excellent, very satisfied with service. City of Lakeland: Ted Swick, Fleet Manager, has done business with this vendor for over ten years. Tampa Machinery and Auction, Inc. auctions their Caterpillar heavy equipment for a higher amount than the guaranteed repurchase price on total cost agreements. Last year, sales exceeded $250,000 over the guaranteed buy back totals. The City of Lakeland buys approximately $120 million dollars worth of equipment a year and when a piece of equipment is declared surplus, it immediately goes to Tampa Machinery and Auction, Inc. for sale. Title work on all vehicles is handled very efficiently. boa 4 PAo1. 616x1 � MARCH 219 1995 39 Bou 94 PAGE 666 ANALYSIS Using historical data, it has been estimated that selling of heavy equipment items on the surplus items list would net approximately $15,000 in sales using the sealed bid process. Tampa Machinery and Auction Inc. conservatively projects that the County should net approximately $24,177 for the sale of this equipment using their services. This reflects a 58% increase in revenue by auctioning the items in lieu of sealed bids. RECOMMENDATION Staff recommends Board approve Tampa Machinery and Auction, Inc. for auctioneering services and request authorization for Chairman to execute the applicable agreement. It is also requested that authorization be granted to incorporate auctioneering services into Purchasing Policies and Procedures Manual, as an approved alternative for disposal of surplus property. Chairman Macht asked that staff keep a record of the success rate of the plan and report back to the Board in 6 months. Commissioner Bird recalled when the 1983 Belarus Tractor was purchased by the County the headlines in the Press -Journal read "Commission Sees Red" as some parts of the tractor were of Russian manufacture. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board by a 4-0 vote (Commissioner Tippin being absent) approved Tampa Machinery and Auction, Inc. for Auctioneering Services; authorized the Chairman to execute the Agreement for Auctioneering Services; authorized staff to incorporate auctioneering services into the Purchasing Policies and Procedures Manual as an approved alternative for disposal of surplus property; and directed staff to report back on auctioneering service rates in 6 months. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MARCH 1, 1995 y� BID #5049/3000 GALLON FUEL TANK/WILSON PETROLEUM The Board reviewed a Memorandum of March 9, 1995: DATE: March 9, 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 TT SUBJ: Award Bid 15049/3,000 Gallon Fuel Tank Fleet Managment BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Wilson Petroleum Ft Pierce, FL Glasgow Equipment West Palm Beach, FL Atlantic Petroleum Ft Pierce, FL February 22, 1995 Feb 8, 15, 1995 Twenty -Three (23) Vendors Three (3) BID TOTAL $15,850.00 $16,511.00 $18,650.00 TOTAL AMOUNT OF BID . $15,850.00 SOURCE OF FUNDS Vehicle Maintenance Other Machinery and Equipment ESTIMATED BUDGET RECOMMENDATION $15,000.00 Staff recommends that the bid be awarded to the low bidder Wilson Petroleum as the most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) awarded Bid #5049 to Wilson Petroleum in the amount of $15,850 for a 3,000 gallon above -ground fuel storage tank to be installed at fleet fuel facility, 4550 41st Street, as recommended by staff. BOOK 94P,,ut . MARCH 21, 1995 41 BOOK 0 4 PA,U6,68 CHILDREN'S HOME SOCIETY PROPERTY ON OSLO ROAD The Board reviewed a Memorandum of March 13, 1995: DATE: MARCH 13, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI SUBJECT: CHILDREN'S HOME SOCIETY PROPERTY ON OSLO ROAD BACKGROUND: Earlier this year, the Board requested staff to ascertain whether or not the Children's Home Society was going to build a structure on their property located on Oslo Road which was purchased from the County. This writer spoke with Mr. Jack Duren, Executive Director of the Children's Home Society, whose office is located in Fort Pierce. At that time Mr. Lauren stated the Society did not have money for construction but was interested in a new building when funds were available. He was aware that the time limit imposed in their purchase agreement had expired but wanted to keep the property, if possible. On March 6, 1995, I received the attached letter which indicates the Society desires to keep the property but not for the original intent. ANALYSIS: Since the purchase contract contains a clause relating to the time period construction should have taken place has expired, an amendment will be required to that contract if an extension is granted. The purchase price of $25,000 will have to be refunded should the Board decide not to grant an extension. RECOMMENDATIONS: Staff is requesting direction from the Board as to what course 4 action should be taken at this time. Commissioner Eggert inquired whether the County had no other uses for this property and Director Dean advised there were none. Chairman Macht expressed some concern regarding duplication of uses and wondered if the County would have approval at a later date as to uses for the property. . ALARCH 21, 1995 � - Attorney Vitunac responded that approval of use could be retained by the Board. Jack Lauren of the Children's Home Society advised the Board that Children's Home Society would not have a problem with the stated provisions. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board by a 4-0 vote (Commissioner Tippin being absent) approved having the County Attorney prepare an amendment to the contract with Children's Home Society extending the time for construction to begin for an additional 5 years; with the provision that uses be submitted to the Board of County Commissioners for approval prior to any action being taken; and with the further provision that duplication of services be avoided. AMENDMENT TO CONTRACT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED WALKAMERICA/MARCH OF DIlVM The Board reviewed a Memorandum of March 7, 1995: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., G Public Works Director' FROM: Chris Mora, P.E., �.. Traffic Engineer SUBJECT: WalkAmerica Sponsored by March of Dimes DATE: March 7, 1995 FILE: MARDIlKES.AGN DESCRIPTION AND CONDITIONS The March of Dimes is planning the 25th Anniversary WalkAmerica in Roseland on Saturday, April 29, 1995. The walk will begin at 7:00 AM and be completed by 12:00 Noon. Approximately three hundred participants are expected. The walk will begin in the parking lot of Sebastian River Medical Center and use Bay Street west to 128th Court, south to Roseland Road, east to 135th Street, north to Bay Street, and then east back to Sebastian River Medical Center. Ms Pam Crowley, Division Director, March of Dimes is requesting that the streets along this route be regulated for the entire event. Indian River County Sheriff's Deputies will be stationed at control points along the event route for traffic control. 8009( 9 f�.CE. MARCH 21, 1995 43 BOOK 94PF9 Uf: 670 ALTERNATIVES AND ANALYSIS The request for approval from the Indian River County Board of County Commissioners to hold the 25th Anniversary WalkAmerica in Roseland on April 29, 1995, and regulate roadways along the route to local traffic is the proposal before the Board at this time. W -5104C. -I5411 . Staff recommends that the Board of County Commissioners approve this request provided that emergency access is maintained at all times and Indian River County Sheriff's Department Deputies provide traffic control. The March of Dimes will need to provide Indian River County with an insurance policy holding the County harmless and also secure an Indian River County Right -of -Way Permit. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board by a 4-0 vote (Commissioner Tippin being absent) approved the March of Dimes 25th Anniversary WalkAmerica in Roseland on Saturday, April 29, 1995; authorized the Indian River County Sheriff's Department to regulate the routes involved; and required an insurance policy from the March of Dimes holding the County harmless and securing an Indian River County right- of-way permit; as recommended by staff. 41H STREET R -O -W ACQUISITION/HENSICK & SONS PARCELBUDGET AMENDMENT 012 The Board reviewed a Memorandum of March 8, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney, SRA • County Right -of -Way Agent SUBJECT: 4th Street Right -of -Way Acquisition; William H. Hensick and Sons Parcel - BUDGET AMENDMENT 012 DATE: March 8, 1995 DESCRIPTION AND CONDITIONS Seventy feet of additional right-of-way is required on the north side of 4th Street, west of 43rd Avenue for the paving and widening project. MARCH 21, 1995 � - The property owner has executed a contract at the appraised value of $20,717. per acre for the RS -3 zoned land. The contract price is $55,124. for the 2.6608 acre 70' wide x 1655.79' parcel, improved with mature citrus grove. The property owner is paying the $500. appraisal fee out of the proceeds of the sale at closing. RECOMMENDATIONS AND FUNDING Staff request the Board of County Commissioners approve the $55,124. purchase and authorize the Chairman to execute the contract. Funding to be from District Traffic Impact Fee (4th Street) #101-156-541-066.12. The attached Budget amendment must be approved to allocate funding. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board by a 4-0 vote (Commissioner Tippin being absent) approved the purchase of the North 70 feet of the South 100 feet of Tract 6, together with the North 70 feet of the South 100 feet of the West 10 acres of Tract 7, lying in Section 16, Township 33 South, Range 39 East, according to the last general plat of the lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida, now lying in Indian River County, Florida, from William H. Hensick and Sons for the amount of $55,124 with funding to be from District Traffic Impact Fees; authorized the Chairman to execute the Contract; and approved Budget Amendment 012; as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TO: Members of the Board of County Commissioners FROM: Joseph A. Baird (' OMB Director ic�i1 ;rte : ��i�.0 ►,m.� � DATE: March 14, 1995 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE ROAD IMPROVEMENT FEES/Right-of-Way 101-156-541-066.12 $559124 $0 REVENUE ROAD IMPROVEMENT FEES/Cash Forward101-000-389-040.00 1 $55,124 $0 a MARCH 21, 1995 45 Boa 4 PRICE; ,. 1994-95 NEIGHBORHOOD CDBG - WABASSO AREA WATER, PAVING AND DRAINAGE IlVIPROVEMENTS - CLARK, ROLTMELIS AND ASSOCIATES, INC. - AGREEMENT AND WORK ORDER #1 The Board reviewed a Memorandum of March 15, 1995: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Planning and Application Services Agreement and Work Order #1 - 1994/95 Neighborhood CDBG for Wabasso Area Water, Paving, and Drainage Improvements - Indian River County and Clark, Roumelis and Assoc., Inc. DATE: March 15, 1995 DESCRIPTION AND CONDITIONS The attached Professional Services Agreement and Work Order #1 between Indian River County and Clark, Roumelis, and Assoc. Inc, provide for planning, grant application, and project grant management services for the Wabasso Area Water, Paving, and Drainage Improvements to the Colored School Subdivision and Whitfield Subdivision. Under the CDBG program administered by the Florida D.C.A., the County can apply for a total project grant of $750,000 for low and moderate income households. The professional service fees of 8% for grant application preparation and grant administration will be funded by the grant if received. If the County does not receive the grant, no fees will be paid to Clark, Roumelis & Associates, Inc. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Approve the Agreement and Work Order #1 as attached or as amended by the Board, if amendments are appropriate. Alternative No. 2 Deny approval of the Agreement and Work Order #1 and ask staff to renegotiate. RECOMMENDATIONS AND FUNDING Staff recommends Alternative #1 whereby the attached Agreement and Work Order #1 are approved. Funding shall be by grant funds if received. Director Davis reviewed staff's recommendation and advised that the County Attorney has requested a few minor revisions to the proposed contract; such as the length of time for payment of fees to the consultant. MARCH 21, 1995 4JM ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) approved the Planning and Application Services Agreement and Work Order #1 with Clark, Roumelis & Associates, Inc. in the amount of 1.5% of the grant application amount for planning and application and 6.5% of grant award for administration, with the changes recommended by the County Attorney; authorized the Chairman to execute the documents; and approved funding by grant funds; as recommended by staff. AGREEMENT & WORK ORDER ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PETITION FOR WATER SERVICE IN SUNDOWNERS SUBDIVISION (53RD AVENUE SOUTH OF 16TH STREET) The Board reviewed a Memorandum of March 10, 1995: DATE: MARCH 10, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTI ITYUERVICES v PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSE MfTY PROJECTS BY: DEPARTMENT OF UT SERVICES SUBJECT: PETITION FOR WATER SERVICE IN SUNDOWNERS S/D (53RD AVENUE, SOUTH OF 16TH STREET) INDIAN RIVER COUNTY PROJECT NO. UW -95 -05 -DS A petition has been received from the residents of Sundowners Subdivision (53rd Avenue, south of 16th Street) requesting the County to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above-mentioned project. (See attached petition and plat map.) ANALYSIS Within the subdivision there are 14 platted lots and a parcel described as Tract A. The 10 property owners signing the petition represent 73% of the properties to be served. The platted lots in this project are one acre±. 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. Design services will be provided by the Department of Utility Services. MARCH 219 1995 47 , r RECOM ENDATION The staff of the Department of Utility Services recommends approval of the above -listed project authorizing the Department to proceed with the design engineering work in preparation for the special assessment project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) approved supplying potable water to the residents of Sundowners Subdivision (53rd Avenue south of 16th Street); authorized staff to proceed with the design engineering work in preparation for the special assessment project; and approved interim funding through impact fee funds until such time as the assessments are levied; as recommended by staff. FLORIDA ASSOCIATION OF COUNTIES' LEGISLATIVE ALERT/ TORT LIABILITY & COMPARATIVE FAULT The Board reviewed a Memorandum of March 15, 1995: TO: Board of County Commissioners FROM: Charles P. vitunac, County Attorney DATE: March 15, 1995 RE: Florida Association of Counties' Legislative Alert res Tort Liability and Comparative Fault for the County We received the attached Legislative Alert from the Florida Association of Counties and request direction from the Board whether it wishes to take a position. It would be in the County's interest to be liable for tort payments only in proportion to its percentage of liability, and the Board may wish to oppose any attempt to change that. Requested Action: Request Board direction County's position and whether resolutions should be sent. MARCH 21, 1995 4 e County Attorney Vitunac expressed his belief that the County would be wise to oppose the proposed legislation. He has discussed the matter with the County's insurance defense firm and risk manager and they are also in agreement. He explained that the current legislation includes a missing third party upon whom the Court can impose a portion of the liability with a reduction in the County's liability. The Academy of Trial Lawyers is attempting to limit the liability to the actual parties, with 1000 of the ultimate liability reverting to the County as the "deep pocket". ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board by a 4-0 vote (Commissioner Tippin being absent) adopted Resolution 95-49 to the Florida Legislature in support of retaining Section 768.81, Florida Statutes, regarding tort liability and comparative fault in negligence cases. RESOLUTION NO. 9s-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA LEGISLATURE IN SUPPORT OF RETAINING SECTION 768.81, FLORIDA STATUTES, REGARDING TORT LIABILITY AND COMPARATIVE FAULT IN NEGLIGENCE CASES. WHEREAS, the Academy of Florida Trial Lawyers has proposed legislation which will significantly limit a county's ability to shift fault to unnamed party defendants in negligence actions; and WHEREAS, the proposed bill will apportion damages against each defendant based on each defendant's percentage of fault, thus excluding any apportion- ment of fault to non-party defendants; and WHEREAS, the bill is retroactive to unsettled claims that occurred since 1986? and WHEREAS, the Florida Association of Counties Trust has determined that the fiscal impact of this legislation will be between $45 and $80 million in increased judgments against local governments over the next five years, and this estimate does not include the retroactive impacts of the bill nor does it account for additional claims that may be filed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida MARCH 21, 1995 49 800X 9 4 ?A,UE LOOK 94 PAGE 6 j6 RESOLUTION 95-49 Legislature and the Governor of the State of Florida not to enact this proposed tort liability legislation and to preserve Section 768.81, Florida Statutes, as it is. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Absent The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March, 1995. at : _ Je Bartoro Clerk BOARD OF COUNTY COMMISSIONERS INDIAN VER COUNTY, ORIDA By Kenneth R. Macht Chairman DISCUSSION OF LAND ACQUISITION POLICIES Deferred. DISCUSSION RE: UTILITY DEPARTMENT Deferred. - MARCH 21, 1995 LEGISLATION FOR PRISONER HERS IBURSEMENT The Board reviewed a letter of March 8, 1995 and attached Fact Sheet: Board of County Commissioners ,ro llernendo Counsy Ray LosSng ON. Main teat, Room foo ftwhreille, It Sol Manch 8,1995 "1 Mew Fara) n4-0" The Honorable Chairman Indian Rive C&.mty Hoard of County Commissioners 1840 25th Street Vero Beaach, FL 32960 RE: Legislation for Prisoner 1ltoimbtnt «� , I neo sure Hernando County is not alone in its dilemma of balancing Gmwal Fund Expanses with available Revenue. Also, it canes as no surprise that taxpayers aro demanding more services at current taxing Levels. The slogan Otto increase in taxes" is being heard by elected officials nationwide. Aeeatdingly, balancing the General Fund is indeed challenging and requires innovative and aitcrnative funding sources. I learned of a prisoner rei�mbprogram is a small county In Michigan. I believe a similar plan may have merit in Florida. A "Prisoner Reimbursement to the County Aa" is being proposed for consideration during the spring Legislative Samoa by various Legislators, including Senator Locke Burt, whoa the Chairman of the Criminal Justice Committee, and Representative Jeff Stabins. In accordance with this act, local governments will be allowed to collect (5rom those able to bear the cost) costa of incarceration. Inmates awaiting trial and those found innocent of charges would not be charged for mimbursement. Attached is a fact sheet that I have prepared outlining a prisonerrtidrubueaneret program. Although you may not agm with all statements, it is a start. Also attached, is an inmate incarceration cost depicting Hernando FACTSHEET Inmate population in County Jails is increasing dramatically each year representing a major purtiun of county budget expenditures. The average inmate is incarcerated approximately thirty (30) days. The proposed "Prisoner Reimbursement to the County Act" being considered by the Legislature would allow County's to recoup some of the cost of maintaining prisoners in County Jails. Under this act, Iocal governments would he allowed to cnllect fees of up to $_per day, or actual per them costs, from sentenced inmates who can be shown able to bear the cost of inca=reidun during the er►tirc ptriud or their incarceration. both pre-trial and following conviction. No inmate awaiting trial or found innocent of charges during trial can be charged. Under this legislation, a County can Me a cW action suit up to six months following release from jail against an inmate who does not pay fees due to the County. 'The County can also seek a restraining order preventing an inmate, pending a hearing, from disposing of property or assets. MARCH 21, 1995 51 11 V BOG . mu'b. S This legislation is not designed to assess offenders with only moderate resources and provides for local governments to conduct finumhil investigations of each sentenced inmate to determine their obligations under this act. Alinwc for the assessment of all other costs incurred by the County for each inmate against the inmate. Before any order was implemented by the Court, the Court would take into consideration any legal obligation of the sentenced individual to support a spouse, minor children, or other dependents. The Cuunty wuuld bead bills to each sentenced individual at thirty, sixty and ninety days after an individual is released from jail. At the and of the ninety days, the County may Initiate alternative means of collection, including Sling of liens in the courts against property or ameba awned by the individual or civil actions to obtain property and other assets. The extent to which the County would follow up on non-payment would depend upon the ability ur the rormer inmate to pap. Reimbursement secured under this legislation would be returned to the general fund of the r -aunty to he availahle for general fund purposes. Based on collection percentages of other similar programs throughout the State for medical charges, it is anticipated that local governments could experience a collection rate of 40% or more. INMATE INCARCERATION COST'S �- .. '.. •°` y ->.-. lr« r`rN 4 �✓,,, � w y, sem' e.;y� /M+�1��,V��/ � 4 d . : .�; r? �'a" Y �-`'�Y�/Yl\ l i � t ��ry�.. �AY M��7 i 12 � ,:,,,•,��:fik.M".;y" AMAL PER A 181 'DIEM '"k '.1Vi)EDiCAL ' OF HOUSING 1�18CAL: YEAR' : DIW4 COST. °:MYEAIt E7i�EN98' MEDICAL 91-92 SIA060.99 $31.94 $23.637.57 SIA333,( N56 92-93 $1,512,15138 =75 599.366.75 11,611.317.83 93-94 53,818,977.12 $33.59 5108,770.70 31,957,747.82 94-93 S630,a81SM 534.19 528.453.58 5659,261AX (THROUGH FEB) WTALS S5,796.395.19 $265,130.10 W*1.625.79 MATE POPULATION PER FISCAL YEAR (Reflects inmates Spending- in Excess of 4 Hours in Jail) FISCAL YEAR TOTAL INMATES AVG. PER MONTH AVG. PER DAY 1991-92 4,369 364 12 1992-93 49162 347 11 1992.94 4,523 377 12 1994-95 (THRU FEB) 1,393 348 12 Hernando County Experiences a Conviction Rate of 99%. Average Inmate is Incarcerated Approodmately 30 Days. Florida Statutes Currently Allows a charge of up to $50.00 per day or actual incarceration cost to be assessed against each inmate convicted of the charges against them subject to court order. 19 1995 to - I Based on current statistics and a charge of $50.00 per day, the County wuuld be entitled to invoice inmates for a total of 5522,000 for FY 94/95. Assuming a collection rate of 40% which is currently experienced in the medical program, the County could potentially collect $20898D0.00. MEDICAL PROGRAM Current Medical Charges Invoiced to the Inmates: Current Collection Totals: Collection Rate: Avrsage Monthly Medical Cost Since Inception of Medical Charge Program: Average Monthly Medical Cost Prior to Inception of Medical Charge Program: Sample Letter to Legislators Dear $11,475.00 S 4,303.95 37.5% $5,691.00 $9,054.23 I am writing to express, my support of the "Prisoner Reimbursement to the County Act". It is a proposed bill which would require inmates, who are financially able, to pay the costs associated with their incarceration (with the exception of those awaiting offal, and imrididuals found innocent). I wholeheartedly support such legislation being enacted during this Legislative Session. I feel the implementation of such a law is necessitated by the burden counties are experiencing, nationwide, in balancing available revenue with general 8mad expenses. Although the program will not offset all costs of incarceration, it can certainly reduce the sham fimnded by taxpayers at this time. CrbWnals should tz held accountable for their actions to the fullest extent possible. Please support the "Prisoner Reimbursentent to the County Act". Sincerely, Chairman Macht advised that, if the State enacts the law, the County will be able to charge its prisoners which could return some funds to the County. He requested authorization for communication to the State in support of the legislation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board, by a 4-0 vote (Commissioner Tippin being absent) adopted Resolution 95-50 to the Florida Legislature in support of legislation allowing prisoner reimbursement to the County. MARCH 21, 1995 53 Boa 9 4 �,q.fut6 -1 'j 5o 94 PAA110 RESOLUTION NO. 95- 50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA LEGISLATURE IN SUPPORT OF LEGISLATION ALLOWING PRISONER REIMBURSEMENT TO THE COUNTY. WHEREAS, the inmate population in county jails in increasing dramat- ically each year representing a major portion of the county's budget expenditures; and WHEREAS, the proposed bill would allow counties to recoup some of the cost of maintaining prisoners in county jails; and WHEREAS, under this act local governments would be allowed to collect per diem fees from sentenced inmates who can be shown able to bear the cost of incarceration; and WHEREAS, the bill is not designed to assess offenders with only moderate resources and provides for local governments to conduct financial investi- gations of each sentenced inmate to determine their obligation; and WHEREAS, the bill allows for the assessment of all other costs incurred by the county for each inmate against the inmate; and WHEREAS, reimbursement secured under this legislation would be returned to the general fund. of the county to be available for general fund purposes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges. the Florida Legislature and the Governor of the State of Florida to enact this proposed legislation which would allow prisoner reimbursement to the county. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye t Commissioner John W. Tippin The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March, 1995. at: fr K. Bart' , Clerk !\ I � v MARCH 219 1995 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, ORIDA Kenneth R. Macht Chairman 54 1"7 HUMANE SOCIETY LETTER DISCUSSION The Board reviewed a letter of March 16, 1995: Doroft F. Rerd& Preaklent Earedfue BOARD OF D-1RECTf>A.9 K"" H. Bard Preddenf Donald N. WdgM lot Vice Preafd:m Howmd J. Smth. M.D. 2nd Vice Preatde+N George R. Dbonag 3rd Vice PnWdent Treomuror Dome c. shwa seere" LMkn Becker Jarm can mm+r+ Eileen Derrick Carolb+e Frkdlne Gera Cove John VAbach Jane" ADVIsoRV BOARD Vito carob Brenda co+ h tmn Comp Nagy Cu%ertan casae ENs R+dh Fisher Wale Garai Meld, DVM Jmmwoe Crrymes Ridmrd MMard1 cometh Peret HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, FL., INC. P.O. BOX 644 • VERO BFACt 1 • FLORIDA • 32961-06$jJ0UJ19L118I✓ Commissioners ✓ %41516Alminlstretory March'16, 1995 ��1� + f7�8 Attorne Fersonnsi All 'IMS 1995 N public works Kenneth R. Macht, Chairman r! RECEIVED Oommcnity Dev. Indian River County Commissio 3 ROARO COUNTY ,;v t�lili!iss - 4n CUMMIsslomm t� Fins ncn. 1840 25th Street �. �1r VMS _ WEB r _ Vero Beach, Florida 32960 Pin!- MO Dear Chairman Macht: other'° - The Board of Directors is of the unanimous opinion that, effective October 1, 1995, the Humane Society of Vero Beach and Indian River County, Florida, Inc. will limit its housing services to animals turned in by the public. The County's inability to commit to a greater share of operational costs for basic housing on a contractual three year basis, snakes it impossible for us to plan for additional stray housing for our 10 year-old facility. Therefore, we have no alternative but to confine our private sources of funding to animal protection, adoption, education, sterilization assistance, disaster relief and outreach programs which are vital to people and animals in our community. For fiscal years 1993, 1994, and 1995, the County funding has remained at the some level or decreased. While we appreciate the Commission's good faith effort in increasing funding for the remainder of 1995, we cannot continue In our present capacity beyond the end of fiscal 1994-1995 without a commitment from the County to provide equitable funding for basic housing expense. HONORARY BOARD To in3ure services to the community relating to public health and safety, it Mrs. E. Band Bvaeham, it. Mr. W&M H. c 4c1mne is our recommendation that the County plan, construct and begin I Id art Dore ms, DVM operation, effective October 1, 1995, of a municipal quarantine facility for Dv"r the strayd and cat population. The Society will continue tooperate its fl9 POP Y Mr."i°°'•'"° Mr. firnace C. cord Mo. Dean Ladwood adoption facility and is willing to assume ownership from the County of animals considered adoptable after the required stray holding period. We Jenna COIN" E:ecWkw Offee-ft„ will also continue to support Animal Control efforts in the community, Including, but not limited to, providing arta monitoring lost/found services Dmdd N. Redabmgh Admtnhkoftee Am. and assisting with the care of animals obtained from cruelty Investigations. Be assured, also, that when the County makes other arrangements for the animals we can no longer house, we will assist in making the transition a smooth one. We are willing to help with recommendations on physical plant creeds and operational costs based on our experience. The welfare of the animals will always be of paramount importance to us. Sincerely, tj u b. J Benedia President MARCH 21, 1995 55 wK 94 PALL 68.E BOOK 94 PAGE 68 Commissioner Adams noted that the letter from the Humane Society states that as of October 1st, 1995 the Humane Society will no longer be able to afford to provide services to the County. The County, therefore, will need to make other arrangements for these services. Administrator Chandler advised the Board that staff is aware of the problem and will be making recommendations at next week's meeting. Chairman Macht expressed his surprise at the response. He stated that he evidently misunderstood the action taken by the Board at the last meeting. He had thought that the Board left the door open for further negotiations with the Humane Society after a determination of their costs and the County's costs. The Board had also offered to make other changes toward mitigating the costs to the Humane Society. He expressed his disappointment with the action. Commissioner Adams understood that the Humane Society was operating at a loss and had stated they could not afford to continue losing money. The Board had been reluctant to make a commitment for additional funds and the Society did not want to wait until the last minute to make changes; however, they have indicated they would assist the County with the change -over. Commissioner Bird felt that perhaps the County cannot afford the level of service we are trying to achieve as the County has budgeted $400,000 for the Humane Society and Animal Control together. No action was taken as the County Administrator will present his recommendations at the Board meeting of March 28, 1995. Chairman Macht expressed his hope that Commissioner Tippin will be well enough to attend the meeting next week. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:48 a.m. ATTEST: qJ._Iart\on, Clerk Minutes Approved: �/- //- 95 MAM219 1995