HomeMy WebLinkAbout4/25/1995� MINUTES WrTACHED =
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, APRIL 25, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman ( Dist. 3 )
Fran B. Adams, Vice Chairman ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
John W. Tippin ( Dist. 4)
9: 00 A. M. 1. CALL TO ORDER
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney „
Jeffrey K. Barton, Clerk to the Board
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - : Comm. John W. Tippin
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
1. Item 5, Week of the Young Child Proclamation.
2. Item 13-A-1, discussion on partial year assessment legislation.
3. Item 13-A-2, discussion on illegal dumping in Fellsmere.
4. Item 13-A-3, comments on victims' rights.
5. Item 13-D, appointment of representatives to MedeVac Ad Hoc Committee.
6. Item 10, discussion re budget workshop.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Meeting of March 28, 1995
7. CONSENT AGENDA
A. Received E Placed on File in Office of Clerk
to the Board:
Seb. River Water Control District, Board of
Supervisors' Meeting Minutes of 3/1 S 3/8, 1995
B. Proclamation Honoring 80th Birthday of the
Vero Beach Woman's Club
C. Proclamation Honoring 50th Anniversary of the
County Veterans Service Officers Assoc. of Fla.
D. Appointments from Sebastian City Council to
County Committees
(letter dated April 14, 1995)
E. Finalization of Indian River County Public Works
Department Contracts
( memorandum dated April 17, 1995 )
F. 58th Ave. R -O -W Acquisition; Parcel #103,
Immanuel Baptist Church Parcel
(memorandum dated April 11, 1995)
is5-s -7
7. CONSENT AGENDA (cont'd. ):
G. Request for Floodplain Cut and Fill Balance
Waiver for Lot 5, Block 15, Vero Lake Estates,
Unit 3
(memorandum dated April 13, 1995)
H. 1st St. SW ROW Acquisition; Du -J's, Inc. Parcel
( memorandum dated April 11, 1995 )
I. Request for Board Execution of an FDEP Grant
Agreement for an Indian River County Boater's
Manatee 5 Speed Zone Brochure
( memorandum dated April 18, 1995 )
J. Request for Floodplain Cut F Fill Balance Waiver
for Sandpointe West S/D, Phase II
( memorandum dated April 19, 1995 )
K. Force Main 5 Roadway Improvements - Oslo Road
E Old Dixie Hwy., Change Order #3 E Final Pmt.
(memorandum dated April 19, 1995)
L. Appointment of New Members to Sesquicentennial
Committee
(letter dated April 19, 1995)
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Indian River Club - Street Numbering/Names
( memorandum dated April 19, 1995 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
DEPARTMENTAL MATTERS (cont'd. ):
F. PERSONNEL
None
G. PUBLIC WORKS
Removal of Four County Bridges Over Indian
River Farms Water Control District Ditches
in the South West Section of the County
( memorandum dated April 17, 1995 )
H. UTILITIES
Pineview Park S/D and 38th Place, Sewer Lateral
Replacement Project, Final Pay Request
( memorandum dated April 17, 1995 )
12. COUNTY ATTORNEY
Re -Convening the Value Adjustment Board
( memorandum dated April 18, 1995 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
B. VICE CHAIRMAN FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. - SOLID WASTE DISPOSAL DISTRICT
None
-q�35
gq'0,s�5 it
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.
April 25, 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, April 25, 1995,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B.
Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John
W. Tippin. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and P. J.
Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and Commissioner
Tippin led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Macht requested the following additions to today's
Agenda:
1. Item 5, Proclamation, The Week of the Young
Child.
2. Item 13-A-1, discussion on partial year assessment
legislation.
3.
Item
13-A-2,
discussion on illegal
dumping in Fellsmere.
4.
Item
13-A-3,
comments on victims'
rights.
Commissioner Eggert requested the addition of Item 13-D,
appointment of representatives to MedeVac Ad Hoc Committee.
Administrator Chandler requested the addition of Item 10,
discussion regarding the budget workshop status report.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above items to the Agenda.
APRIL 259 1995 1
PROCLAMATION
Chairman Macht read the following Proclamation:
PROCLAMATION
WHEREAS, the Indian River Aasocia-t,ton for the Education of Young
Children and other loeal organizations, in conjunction
with the National Assoc)4tton for the Education of Young
Children, are celebrating the WEER OF THE YOUNG CHILD,
April 23 - 29, 1995; and
WHEREAS, by calling attention to the need for high-quality early
childhood services for all children and families within
ouz- community, these groups hope to improve the quality
and availability of such services; and
WHEREAS, the future of our community depends on the quality of the
early childhood experiences provided to young children
today; and
WHEREAS, high-quality early childhood services represent a worthy
commitment to our children's future:
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that the week of April 23 - 29,
1995 be designated as
THE WEEK OF THE YOUNG CHILD
in Indian River County, and the Board urges all citizens
to recognize and support the needs -of young children in
our community.
Adopted this 25 day of April, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Ap
Kenneth R. Macht, Chairman
APRIL 259 1995 2
937
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of March 28, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Regular Meeting of March 28,
1995, as written.
CONSENT AGENDA
Commissioner Adams requested that Items 7-D and 7-L be
separated for discussion.
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. Sebastian River Water Control District, Board
of Supervisors' Meeting Minutes of March 1 and
March 8, 1995.
B. Proclamation- Vero Beach Woman's Club 80th Birthday
PROCLAMATION
WHEREAS, The Vero Beach Woman's Club will celebrate their 80th
Birthday; and
NHERSAS, The Vero Beach Woman's Club was organized in 1915,
meeting to determine what type of service they pould
offer to the growing community; and
NHBRSAS, The Vero Beach Woman's Club raised funds for a library
building, which was opened in 1916 and served until 1962;
and
NHRRSA8, the Club was chartered in 1926, and the Vero Beach
Woman's Club building was placed on the National Register
Of Historic Places in February, 1995; and
W MUM, The- Vero Beach Woman's Club helped out during the polio
epidemic, provided transportation for the school nurse,
served on the community's beautification committee,
maintained a clothes closet for school children and their
families, helped after fires and other emergencies, and
one member served as the first woman on the Vero Beach
City Councii:
Bou 9 F��ra��
APRIL, 259 1995 3
a
BOOK 4 Fl,,G . �l�
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that on Sunday, April 30, 1995
the Vero Beach Woman's Club will celebrate their 80th
Birthday, National Register recognition, and the Centen-
nial Celebration of Florida Federation of Women's Clubs.
The. Board offers its thanks and best wishes to the Vero Beach
Woman's Club for its contributions to this community, and'''
urges all citizens of Indian River County to support the
efforts'of the Vero Beach Woman's Club.
Adopted this 25 day of April, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
e eth R. Macht, Cha rman -
C. Proclamation - 50th Anniversary,, County Veterans Service Officers
Association
PROCLAM'ATION-.
WHEREAS, millions of Americans have served our country and
defended our freedoms and liberties by joining the
Armed Forces; and
WHEREAS, it is appropriate that these brave, patriotic
citizens are deserving not only of.moral recognition,
but of government benefits and entitlements as well;
and
WHEREAS, Indian River County established an Office of Veterans
Services to assist all former, present and future
members of the Armed Forces and their dependents in.
preparing claims for compensation, hospitalization,
vocational training and other benefits and privileges
to:which they are entitled. under, federal and state
regulation; and
WHEREAS, the members of the County Veterans Service Officers
Association of Florida will hold a fiftieth
anniversary celebration .during their annual spring.
training conference May 22 - 25, 1995:
APRIL 25, 1995 4
M M
M
NOW, THEREFORE, BE IT PROCLAIMED that the Board of County
Commissioners of Indian River County, Florida does
hereby commend the Indian River County Office of
Veterans Services for its years of distinguished
service to our community and its veterans.
this 25'day of April, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Kenneth R. t, Cha rman
A Sebastian City Council Appointments to County Committees
The Board reviewed a letter of April 14, 1995:
APR'99
5
404ft CID
COMMASS/pN Z
April 14, 1995
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
Chairman Kenneth Macht
Board of County Commissioners
Indian River County
1840 25th Street
Vero'Beach, FL 32960
Dear Chairman Macht:
City Council appointments have been made for the following boards:
Affordable Housing Committee
- Bruce Cooper
Council of Public Officials
- Councilmember Louise Cartwright - member
- Councilmember Norma Damp - alternate
Economic Development Council
- Vice Mayor Carolyn Corum - member
- Councilmember Norma Damp - alternate (subject to change -
we will notify)
BOOK 94 FACE 940
APRIL 259 1995 5
BOOK 94 FAc 941
Emergency Services District
Mayor Arthur Firtion - member
- Councilmember Norma Damp - alternate
Land Acquisition Committee
- Vice Mayor Carolyn Corum - member - no alternate
Metropolitan Planning Organization
- Councilmember Raymond Halloran - member
- Vice Mayor Carolyn Corum - alternate
Treasure Coast Council of Local Governments
- Mayor Arthur Firtion - member
- Vice Mayor Carolyn Corum - alternate
Treasure Coast Regional Planning Council
- Councilmember.Raymond Halloran - member
- Councilmember Louise Cartwright - alternate
Mail relative to all boards can be sent to this address. If you
have any questions, please do not hesitate to call.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Commissioner Adams asked for clarification as to whether the
City of Fellsmere should be notified that they do not need to make
an appointment to the Treasure Coast Regional Planning Council, and
Commissioner Eggert responded that had been taken care of.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously accepted
the City of Sebastian Council appointments as set
forth in the City Clerk's letter.
E. Finalization of IRC Public Works Department Contracts
The Board reviewed a Memorandum of April 17, 1995:
TO: James E. Chandler,
County Administrator
DATE: April 17, 1995
FROM: James W. Davis, P.E.,
Public Works Director �.
SUBJECT: Finalization of Indian River County Public Works
Department Contracts
DESCRIPTION AND CONDITIONS
The following list of contracts -are no longer used by Public
Works and are recommended to be terminated:
APRIL 259 1995 6
1) American Lighting & Signalization - Traffic Engineering
2) Blackwell, Walker, Fascell & Hoehl - IRB Phase 3(Pub Wks)
3) Boyle Engineering - IRB Phase 3 (Pub. Wks)
4) Edlund & Dritenbas Arch. Fairground Rest.(Parks Div)
5) ENVIRx Ltd. Fuel Tanks (Fleet Mgmt)
6) Fraser Engineering - Oslo Rd (Pub. Wks)
7) GroundWater Technology, Inc. - Fleet Mgmt
8) Kimball -Lloyd, Inc.- AlA Sidewalk(Pub. Wks)
9) PBS&J - Wabasso Bridge (Pub. Wks)
10) PBS&J - Wabasso Bridge Insp.(Pub. Wks)
Over the years projects have been completed, but all have not,
come before the Board for finalization.
RECOMMEti NDATIONS AND FUNDING
Staff recommends the Board authorize the closure of all the above
completed projects. No funding is applicable.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized the closure of all listed projects, as
recommended by staff.
F. 58th Avenue Right -of -Way Acquisition - Parcel #103 - Immanuel
Baptist Church Parcel
The Board reviewed a Memorandum of April 11, 1995:
TO: James E. Chandler
County Administrator ,
THROUGH: James W. Davis, P.E.
Public Works Director �
FROM: Donald G. Finney, SRA `!:1 X74
County Right -of -Way Agent
SUBJECT: 58th Avenue Right -of -Way Acquisition; Parcel #103,
Immanuel Baptist Church Parcel
DATE: April 11, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement project from Route 60 to Oslo Road.
The property owner has executed a contract at their original
purchase price of $15,623.72 per acre for the A-1 zoned land.
The contract price is $10,181.00 for the .65 acre, 35' wide x
807.99' (28,280 square feet) parcel. There are no appraisal or
attorney fees.
sooK 94 PvuF9 ?
APRIL 25, 1995 7
soup 94 PA— cG 9
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
$10,181.00 purchase and authorize the Chairman to execute the
contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the right-of-way purchase from Immanuel Baptist
Church of Indian River County, Inc. in the amount of
$10,181, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
G. Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block
15, Vero Lake Estates, Unit 3
The Board reviewed a Memorandum of April 13, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E. `• 0"'
Public Works Director
and
Roger D. Cain, P. .
County Enginee
FROM; David B. Cox, P.E.
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block 15, Vero
Lake Estates, Unit 3
REFERENCE: Project No. 95030125
DATE: April 13, 1995 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
M.G.B. Homes, Inc. has submitted a building permit application for a single family residence
on the subject property. The site is located in an AE special flood hazard zone, base flood
elevation 22.3 ft. N.G.V.D. In the attached letter from the applicant's engineer dated April
10, 1995, a waiver of the cut and fill balance requirement is requested. The lot area is 1.07
acres. The volume of the 100 year floodplain displaced by the proposed grading plan is
estimated to be 44.66 cubic yards.
APRIL 259 1995 8
ALTERNATIVES AND ANALYSIS
The waiver request has been reviewed by staff and appears to meet the criteria of Section
930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots
located in the Vero Lake Estates Municipal Services Taking Unit. The applicant has also
submitted an alternative grading plan that satisfied the cut and fill balance requirement
without needing the waiver. The alternative plan was approved with the Type C Flood
Management System Permit on April 13, 1995. The applicant is requesting the waiver so
he will have the option of not constructing an on site retention area if the waiver is granted.
Alternative No. 1
Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4.
Alternative No. 2
Deny the cut and fill waiver. Require an on site retention area be provided to compensate
for the proposed floodplain displacement.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the cut and fill balance waiver for Lot 5, Block 15,
Vero Lake Estates, Unit 3, as recommended by staff.
H. 1st Street SW Right -of -Way Acquisition - Du -1's. Inc. Parcel
The Board reviewed a Memorandum of April 11, 1995:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E. ,
Public Works Director
AND
FROM: Donald G. Finney, SRA
County Right -of -Way Agent CONSENT AGENDA
SUBJECT: 1st Street SW Right -of -Way Acquisition; Du -J's, Inc.
Parcel
DATE: April 11, 1995
DESCRIPTION AND CONDITIONS
Twenty feet of additional right-of-way is required on the north
side of 1st Street SW at the corner of 43rd Avenue.
The property owner has executed a contract at their purchase price
of $2.00 per square foot for the Commercial zoned land.
The contract price is $7,520 for the right-of-way 20' x 188'
unimproved parcel containing 3,760 square feet.
There are no appraisal or attorney fees.
APRIL 259 1995 9
BOOK 94 wF 944
BOOK 94 PA-;- 94
RECOMMENDATION
Staff requests the Board of County Commissioners approve the $7,520
purchase and authorize the Chairman to execute the contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the purchase from Du -J's, Inc. in the amount of
$7,520, pursuant to recommendations by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
I. FDEP Grant Agreement for IRC Boater's Manatee & Speed Zone
Brochure
The Board reviewed a Memorandum of April 18, 1995:
TO: James E. Chandler
County Administrator DATE: April 18, 1995
DEPARTMENT HEAD CONCURRENCE:
6 Ztef 19//,
Robert M. Keatin , AICV
Community Develo mem' irector
FROM: Roland M. DeBlois,`AICP
Chief, Environmental Planning
RE: Request for Board Execution of an FDEP Grant
Agreement for an Indian River County Boater's
Manatee & Speed Zone Brochure
It is requested that the data herein presented be given formal consideration by
the Board of County Commissioners at its regular meeting of April 25, 1995.
DESCRIPTION AND CONDITIONS
At its regular meeting of September 27, 1994, the Board of County Commissioners
authorized staff to submit a grant application to the Florida Department of
Environmental Protection (FDEP) for $5,000 to develop a county -specific boating
brochure. The County Marine Advisory/ Watershed Action Committee (MANWAC)
initiated the idea of a county -specific brochure to provide boaters with an easy-
to-use map of manatee protection speed zones in the Indian River Lagoon.
Subsequently, staff submitted an application and FDEP approved the $5,000 grant.
As approved, there is no out-of-pocket county match for the grant, but in-kind
services in the form of county staff time.
FDEP staff has submitted the attached" grant agreement for county execution. It
is requested that the Board authorize the Board Chairman to execute the attached
grant agreement.
ANALYSIS
The grant agreement provides that FDEP will reimburse the County for design and
production of the proposed boating brochure. The agreement extends through to
December 31, 1995, and may be -renewed on a yearly basis for a maximum of two
additional one year periods as needed.
The agreement also provides that it (the agreement) may be canceled by either
party with 30 day written notice to the other party.
APRIL 259 1995
F J
10
RSCOI�IISNDATIOF
Stafcommends that the Board of County Commissioners authorize the Board
chatf reto execute the attached agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the FDEP Grant Agreement, as recommended by staff.
GRANT AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of April 19, 1995:
TO; James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.&.ZZ
County Engineer
FROM: David B. Cox, P.E.
Civil Engineer
AJECT: Request for Floodplain Cut and Fill Balance Waiver for Sandpointe West
Subdivision, Phase II
SD-94-05-04/L.D.P. Application No. 93110100-003
April 19, 1995 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
Knight, McGuire & Associates, Inc. on behalf of Sandpointe West Development L.C., the
developers of Sandpointe West Subdivision, Phase II has requested a waiver of the cut and
fill alance requirement of Section 930.07(2)(d) of the Stormwater Management and Flood
Protection Ordinance. Sandpointe West Subdivision, Phase II received preliminary plat
approval from the Planning and Zoning Commission on March 24, 1994. The 2.42 acre
project is located on the barrier island along the shoreline of the Indian River Lagoon at
the west edge of the St. Edwards Upper School site. The site is located in special flood
hazard area Zone AE with base flood elevations of 5.0 ft. and 6.0 ft. N.G.V.D. The ten year
stillwater elevation is 3.0 ft. The proposed displacement of the floodplain below 4.0 ft. for
which the waiver is requested is 2727 cubic yards as indicated in the attached letter from the
applicant's engineer dated April 18, 1995.
APRIL 259 1995 11
Boor 94 Fav E 946
Bou J4F,a; , 947'
ALTERNATIVES AND ANALYSIS
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1.
of being situated in an estuarine environment within the 100 year floodplain along the
Indian River and in staffs opinion it appears that all other Stormwater Management and
Flood Protection Ordinance requirements can be met without adverse impact on other lands
in the estuarine environment.
Army Corps of Engineer's Dredge & Fill, S.J.R.W.M.D. Wetland Resource Management
and Management and Storage of Surface Water permits have been issued for"'the project.
Alternative No. 1
Approve the cut and fill balance waiver request.
Alternative No. 2
Deny the waiver request and require re -design to accomplish an on-site balance of cut and
fill.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the cut and fill balance waiver request for
Sandpointe West Subdivision, Phase II, as
recommended by staff.
K. Force Main & Roadway Improvements - Oslo Road and Old Dixie
Highway - CO #3 and Final Payment
The Board reviewed a Memorandum of April 19, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis. P.E.,�,�,�'
Public Works Director
v
FROM: Terry B. Thompson. P.
Capital Projects Manager
SUBJECT* Force Main and Roadway Improvements
Oslo Road and Old Ducie Highway
Change Order No. 3 and Final Payment
DATE: April 19. 1995
I Pi__..*_ .%_ Zak Lei =_.1.1 o 7 F P1 V tie) s
Construction of the force main and roadway improvements at Oslo Road and Old Dixie
Highway is now complete and final quantities have been computed. Attached is Change
Order No. 3 and the Final Application for Payment.
APRIL 25, 1995 12
L-1
Change Order No. 3 includes increases in the amount of $17,828.88 and deducts in the
amount of $33,839.66 that adjust contract quantities to the actual quantities of work
performed. The total net change in the contract price for this change order is a decrease
In the amount of ($16,010.78). This deducted from the current contract amount of
$1.209.033.59 results in a new contract amount of $1,193,022.81.
Staff recommends the following actions be taken:
1. Approve Change Order No. 3
2. Release final payment in the amount of $119,302.28, including the 100/6
retainage.
Fhnding for the road improvements in the amount of $814,521.57 is from Account 101-
156-541-067.25.
Raiding for the force main in the amount of $378,501.24 is from Amount 472-000-169-
112.00.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
Change Order No. 3 with Dickerson Florida, Inc. and
approved release of the final payment in the amount
of $119,302.28, including the 10% retainage, as
recommended by staff.
CHANGE ORDER NO. 3 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
L. Sesquicentennial Committee Appointment of New Members
The Board reviewed a letter of April 19, 1995:
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1 April 1995,'
Ken Macht, Chairman' �� 8
Indian River County Commission t1
1840 25th Street W c
Vero Beach, Florida 32960
Dear Ken:
Alice White called me and informed me that the County Commission has to
approve voting members of the Sesquieentennial. County Committee.
APRIL 259 1995 13 BOOK 94 Pa , 948
Boa 94 PACE 949
I have been busy recruiting people that I feet are real movers and shakers to
help me. I understand that It is recommended that the Committee be no less
than five or more than fifteen.
Of the original eight people who were appointed Ruth Stanbridge and Carol
Johnson have resigned. Would the Commission approve Leroy Hires to represent
the City of Fellsmere and Tari Burns to represent the Indian River Chamber of
Commerce in their places.
Also I request that the Commission approve Rick Gitiles, Sebastiasi Financial
Group, 9025 U.S. 1, Sebastian, FL 32958 to represent the City of Sebastian.
Please approve Jolyn Peters 1017 Cosseeky Lane, Vero Beach, FL 32963 to be a
member at large and to represent the City of Vero Reach.
Also please approve Rose Spytek, 1540 19th Ave SW, Vero Beach, FL 32962 to
represent the Indian River JayCees and Tim .lobe, Father and Son Carpet, 1540
Old. Dixie Highway to represent the Vero Beach JayCees and James Wellman. 734
Concha Drive, Sebastian, FL 32958 and John Henry, Center for the Arts, 3001
Riverside Park Dr, Vero•Beach, FL 32963.
That would give us 14 voting members and I would assume we could have one
more. I would like to think about who the other one member would be and make
a request at a later date. '
Would you please put this on the agenda for the next meeting on the 25th of
April.
Sincerely,
INDIAN RIVER COUNTY SESQUICENTENNIAL C01*fTTTEE
04_0� 1' _Ir�
RALPH W. SEXTON
Chairman
cc! Millie Bunnell
Jan Masi
POST OFFICE BOX 1208 VERO BEACH, FLORIDA 32961 PHONE- AREA 407 562-2301
Commissioner Adams questioned whether the appointees actually
represent the cities and whether the cities mentioned had approved
the appointments.
Chairman Macht explained that the intent was to designate,
where the individuals are from and not who they represent.
Attorney Vitunac advised that action by motion was not
necessary as long as the minutes accurately reflect that the
appointees are acting as private citizens.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously appointed
Leroy Hires; Lori Burns; Rick Gitiles; Jolyn Peters;
Rose Spytek; Tim Jobe; James Wellman; and John Henry
to the Sesquicentennial Committee; all acting as
private citizens.
APRIL 259 1995 14
INDIAN RIVER CLUB - STREET NUMBERING/NAMES
The Board reviewed a Memorandum of April 19, 1995:
TO: Stan Boling, AICP - Planning Director
FROM:William G. Collins II - Deputy County Attorney
DATE: April 19, 1995
SUBJECT: Indian River Club - Street Numbering/Names
Indian River County Code Section 951.05(4)(b) provides that all new roads
shall be issued a numbered designation. Exceptions to this provision
granting a new road a name instead of a number designation may be granted
only upon appeal as set forth in Section 951.09.
The Indian River Club made an appeal of the road number designation
requirement concurrent with preliminary PD plat approval. The Planning
and Zoning Commission approved the appeal for road names, and the staff
took a further appeal to the Board of County Commissioners.
The Board of County Commissioners allowed road signs to be posted which
showed both road number designations and street names on the same signs.
Indian River County Ordinance 951.09(l) provides "after such hearing, the
Board shall come to a determination on such matter and such determination
shall be the final position of the County."
The Board having made a final determination on this issue with respect to
the Indian River Club, that final position cannot be altered.
Representatives of the Indian River Club wish to bring up the viability of
the whole street name/numbering system as a matter under public discussion
before the Board of County Commissioners.
ALTERNATIVES:
1. If convinced by the representatives of the Indian River Club that the
current road numbering ordinance is inappropriate, give some policy
direction to the staff as to when, other exceptions to the road
numbering ordinance might be appropriate and forward the matter to
the Professional Services Advisory Committee for review. (Note: Any
action with respect to the Indian River Club separate and apart from an
LDR amendment would be arbitrary and capricious and subject the
entire road numbering ordinance to legal challenge.) -
2. Determine that the Indian River County road addressing system
requiring road numbers is appropriate policy. (This alternative would
leave the Indian River Club in its current status, i.e., with the ability
to have signs with both road numbers and names . )
Deputy County Attorney Will Collins reviewed the facts an4
Advised that Indian River Club is now ordering street signs and
requesting changes to the County's street numbering ordinances that
would be applicable not only to Indian River Club 'but to all
developments. Attorney Collins met with Indian River Club
representatives, John King from Emergency Services and Stan Boling
APRIL 25, 1995 15 BOOK 9 FacE ���
B 00K
from Community Development to discuss possible alternatives to road
numbering and allowances for waivers from various development
regulations which might be possible in planned developments with
circular roads, often with internal security gates.
Chairman Macht recalled that the matter had previously been
before the Commission and several requests had been granted. He
agreed that the County needs a more comprehensive policy.
Attorney Collins also reminded the Commission that amendments
to the Land Development Regulations will be brought before them in
May, 1995.
Bob Swift of 3820 Indian River Drive, managing partner of
Indian River Club, handed out a copy of the land plan for Indian
River Country Club and maintained that the compromise previously
reached of numbering and naming streets is untenable in their
situation. The post office will not accept street names and
numbers for addresses, and Emergency Services and the Sheriff's
Department both identify locations by street names or numbers, not
both. Indian River Club is asking for relief to proceed with
completion of the first phase of their development and the naming
of the streets is consistent with the design of the community being
developed. He reminded the Commissioners that approval had
previously been granted to other developments to allow names,
rather than numbers. Mr. Swift cited Highlands Drive which was
previously Highlands Boulevard. During the approval process
Highlands Boulevard was changed to a series of numbers, from 21st
Street SW to 25th Avenue depending on the curve you were on. There
are 3 or 4 numbers along this one street as an example of the
confusion caused by the numbering and naming of streets. It begins
and ends as Highlands Drive but has street numbers in several
intermediate locations due to its curving nature. Mr. Swift also
asked that the Board direct staff to come up with some language in
the ordinances that would prevent anyone having to go through this
procedure again in the future. He also hoped that some action -
could be taken today to direct staff to allow them to move forward
with named nomenclature for their streets.
Commissioner Bird wanted to be certain that the internal roads
will be privately maintained. He suggested Indian River Club be
allowed to use road names if they are going to be privately
maintained streets, but that they should be numbered if publicly
maintained by the County.
Mr. Swift responded that the roads will not be maintained by
the County but by the development.
APRIL 259 1995 16
Commissioner Adams did not believe that Emergency Services or
the Sheriff's Department would have any problem with street names
as most of the employees are familiar with the area where they
work. She did not see a problem with named streets if the
development is not in a grid pattern but felt that an obvious grid
pattern connecting to other avenues and streets should continue the
numbering system.
Mr. Swift pointed out that the addressing system would still
work within the overall grid system of the County.
Chairman Macht remarked that the 18th hole has been misnamed
as Carolina Circle and should be called 'Double Bogey Lane'.
Planning Director Stan Boling asked the Board for direction
and advised that staff could incorporate the changes being proposed
in the LDR amendments.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Eggert, that the Board grant Indian
River Club's request to use street names only and
instruct staff to make the necessary amendments to
the Land Development Regulations.
Under discussion, Attorney Vitunac cautioned the Board that,
if the appropriate LDR amendments are not adopted, the development
would have to go back to the old numbering system.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
BUDGET-SWDD WORKSHOP
Administrator Chandler reported that the Workshop scheduled
for May 18, 1995 for economic incentives, utilities, budget and
SWDD will need to be divided into two separate sections due to the
time required for each subject. He suggested that utilities and
economic development remain scheduled for the Workshop on May 18,
1995 at 9:00 A.M. and that the Budget and SWDD recommendations be
re -scheduled for another date.
CONSENSUS was reached that the date of the Budget/SWDD
Workshop be re -scheduled for Monday, May 22, 1995 at 9:00 A.M.
Boor 94 F-vA5;2!
APRIL 25, 1995 17
BOOK 94 F,1,E 953
REMOVAL OF FOUR COUNTY BRID ES OVER IRFWCD DITCHES
IN THE SO T SECTION OF THE COUNTY
The Board reviewed a Memorandum of April 17, 1995:
TO: James E. Chandler,
,County Administrator
FROM: James W. Davis, P.E.,
Public Works Director.'
SUBJECT: Removal of Four County Bridges Over Indian River Farms
Water Control District Ditches in the South West
Section of the County
DATE: April 17, 1995
DESCRIPTION AND CONDITIONS
Recent inspections of the following four timber bridges have
revealed extensive wood deterioration:
Bridge No.
Location
884010
5th
Street SW West
of
94th Avenue
884011
1st
Street SW West
of
94th Avenue
884014
5th
Street SW West
of
90th Avenue
884040
21st
Street SW East
of
58th Avenue
At this time, three of the bridges (884010, 884011 and 884014)are
one lane, narrow bridges which provide access to private groves and
do not serve County maintained roadways. The general public does
not traverse these bridges since through roads do not exist in the
area. The remaining bridge (884040) serves 21st Street SW, which
is a County maintained road. This. road connects to 43rd Avenue to
the east and the westerly connection to Kings Highway is only used
by a few property owners in the area. The bridges were built in
the late 1950's or 19601s, possibly by the County Road and Bridge
Division, however, the Public Works Department has no record of the
initial bridge construction. At this time, the bridges need to be
replaced at a cost of approximately $70,000 each (50 LF x 28' wide
= 1400 SF a $50/SF)for the first three bridges and $250,000 for
#884040 (FDOT Standards) or removed from service.
ALTERNATIVES AND ANALYSIS
The Public Works Department staff has written letters to property
owners affected by removing the bridge structures advising them of
the staff's opinion that the bridges should not be replaced since
they do not serve the general public. Two property owner
representatives, Glen Reed of Bernard Egan and Company and Earl
Lindsey of Edsal Grove Service, have requested that Bridge No.
884010 be replaced, since that is the only access to groves to the
west. Staff is of the opinion that the Indian River Farms Water
Control District will probably issue the grove owners a permit to
culvert or bridge the canal for individual access.
APRIL 259 1995
18
The alternatives presented are as follows:
Alternative No. 1
Remove bridges 884010, 884011, and 884014 as soon as
possible since they do not serve County maintained
roadways. Schedule a public hearing to consider the
removal of Bridge No. 884040 since it currently serves
the County maintained 21st Street SW. (See Attorney Terry
O'Brien's April 12, 1995 memo attached.
Alternative No. 2
Replace the bridges with similar bridge structures or
with drainage pipes as permitted by the Indian River
Farms Water Control District. The estimated cost is $
'$13,000 for each culvert crossing and a minimum of
$70,000 for a bridge crossing if Road and Bridge Division
crews perform the work using timber substructure and
concrete superstructure. The County constructed bridges
do not meet FODT nor National standards for large trucks.
Funding would have to be appropriated. To construct a
FDOT approved bridge would cost a minimum of $250,000
RECOMUMATIONS AND FUNDING
Staff recommends Alternative No. 1 which is removal of the three
bridges not on County maintained roads and scheduling a public
hearing on Bridge No. 884040.
Public Works Director Jim Davis reviewed the project for the
Board and stated that the first three bridges are private bridges
accessing groves west of 90th and 94th Avenues and serve no public
roadways. The fourth bridge is east of Kings,Highway and serves a
County maintained road, 21st Street Southwest. All neighboring
property owners have been notified. Many of the grove owners,
particularly the ones who use 21st Street SW, would like this
fourth bridge to be replaced. Staff met with representatives of
IRFWCD and they suggested that large diameter pipes be installed
instead of replacing the bridge. Staff has prepared an updated
cost estimate for replacing the fourth bridge with two 96 inch
culverts and the cost would be $57,745. Staff also looked at
estimates to replace the first three bridges with culverts. The
cost would be $16,567 each, for a total of $50,000. Staff is
recommending that the 21st Street bridge be replaced with culverts
and the old timber bridges serving a very limited area be removed
as they do not meet current state or federal standards.
MOTION WAS MADE by Commissioner Tippin, SECONDED by
Commissioner Eggert, that the Board approve removal
of Bridges 884010, 884011 and 884014 and instruct
staff to make arrangements to replace Bridge 884040
on 21st Street SW east of 58th Avenue as
economically and as quickly as possible.
BOOK 95
APRIL 259 1995 19
Boa 955
Under discussion, Administrator Chandler apprised the Board
that funds are available to handle the replacement of this bridge,
as well as other items budgeted for this year. However, should
additional repairs run in excess of $100.,000, there would be
budgeting problems.
Director Davis reported that the subject bridges are closed
but the public is moving the barricades and crossing the bridges,
creating an extremely dangerous situation.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
PINEVIEW PARK SUBDIUSION AND 28TH PLACE - SEWER
LATERAL REPLACEMENT PROECT - FINAL PAY REQUEST
The Board reviewed a Memorandum of April 17, 1995:
DATE: April 17, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT ERVICES
PREPARED TERRY H. DRUM [HP
AND STAFFED G.I.S. COORDINATOR
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PINEVIEW PARK SUBDIVISION AND 38TH PLACE,
SEWER LATERAL REPLACEMENT PROJECT
INDIAN RIVER COUNTY PROJECT NO. US -94 -16 -CS
WORK AUTHORIZATION NO. 24, FINAL PAY REQUEST
BACKGROUND
On September 21, 1993, the Board of County Commissioners approved
the award of the Labor Contract, Bid No. 4007 to Driveways, Inc.
(See attached minutes) On September 13, 1994, the Board of County
Commissioners approved Work Authorization No. 24, Project No. US -
94 -16 -CS to construct the sewer lateral replacement project with
Driveways, Inc., in the amount of $87,875.51. The contractor has
completed the project and has submitted his request for final
payment.
ANALYSIS
All requirements for the Indian River County Department of Utility
Services have been satisfied. The contractor was previously paid
$77,971.50, leaving a balance due of $9,904.01.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the final pay request to
Driveways, Inc. in the amount of $9,904.01.
APRIL, 259 1995 20
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the final pay request to Driveways, Inc. in the
amount of $9,904.01, as recommended by staff.
1994 VALUE ADTUSTMENT BOARD - RECONVENE
The Board reviewed a Memorandum of April 18, 1995:
TO: The Board of County Commissioners
FROM: Mr6_, William G. Collins II - Deputy County Attorney
DATE: April 18, 1995
SUBJECT: Re -Convening the Value Adjustment Board
The Property Appraiser has advised that since the last meeting of the Value
Adjustment Board there have been certain corrections to the roll resulting in
increases in assessments. The parties receiving the increased assessment
have not waived their right to a hearing, thus the Value Adjustment Board
must re -convene.
Attached are some dates on which the School, Board members of the Value
Adjustment Board have indicated they would be available.
RECOMMENDATION:
Select one or more alternate dates for a short re -convening of the Value
Adjustment Board.
Deputy Attorney Collins explained that Property Appraiser
Nolte has made several corrections to the tax rolls which resulted
in increased taxes on some parcels. Unless the property owners
waive their right to a hearing, the 1994 Value Adjustment Board
must re -convene to give the owners an opportunity to object to the
increase in taxes.
A CONSENSUS was reached that the 1994 Value Adjustment Board
will re -convene on Thursday, May 4, 1995 at 9:00 A.M.
PARTIAL YEAR ASSESSMENTS - PROPOSED STATE BILL
Chairman Macht announced that a communication from the Florida
Association of Counties (FACo) has requested that the Board contact
the Legislature in support of partial year assessments. He
reminded the Board that support had been offered previously to the
Legislative Delegation.
APRIL 25, 21 1995 BooK 94 FpuF 950"
BOOK 94 FAGS. 957
Commissioner Adams requested that State Representative Harry
Good, who sits on the responsible committee in the House, be
supported in his effort to move the bill out of the House into the
Senate. She believed that the bill will provide service monies and
cited, as an example, the increased service provided to the new
Horizons Mall by the Sheriff with no tax monies to be collected for
that service for at least 18 months. She stated that the Florida
Association of Counties strongly supports the bill but that the
Property Appraisers Association has taken a position against it as
they say that it will cost more because they will have to add more
personnel. She believed that the work would be spread out over the
year rather than being concentrated in one part of the year and did
not feel it would add much Bost to the process. She pointed out
that commercial entities moving into the area do not cost the
school system that much but private residences demand services with
no funding for 1Z to 2 years.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board agree to support
FACo's position in support of the proposed partial
year assessment bill.
Under discussion, Property Appraiser David Nolte advised that
the problem is new construction. New construction causes the
Sheriff to add deputies and schools to add new classrooms. These
expenses are incurred immediately and are not paid for up to 2-14
years. He felt that the proposed bill does not address these
problems but simply adds more taxes to be paid 24 years later. A
proposed solution offered to the Legislature would solve the
problem at a low cost. The preferred solution would be a fee in
lieu of taxes to be handled by the Building Department which would
be paid at time of issuance of the Certificate of Occupancy. This
solution would get funds to the Sheriff, the schools, and the -
hospitals at the time services are needed. He believed that the
proposed bill would revolutionize the property tax system in the
State of Florida and would double or triple the burden on local
businesses to track their purchases of new equipment. Instead of
listing the year of the purchase of a new chair, they would have to
track the number of days that they have a chair in use. The
preparation of tangible personal property tax returns for 80% of
businesses costs them more money than the County collects in taxes.
The other objection is that the County Commission pays 80% of the
Property Appraiser's budget and only collects 27%-29% of the taxes
APRIL 259 1995 22
which may leave.counties across the state with little or no money
collected from this action because they bear the broad share of the
cost of implementation.
Property Appraiser Nolte also felt that the bill simply
increases the cost to the home buyer purchasing real estate. The
first year's tax bill will be a full year plus a partial year and
he believed that this will constitute a new tax which would cost
20% to 30% to administer. These numbers come from an ACIR study
which estimates the cost based on the assumption that properties
are physically inspected each year when, in fact, they are only
-physically inspected once every 3 years. The cost figures,
therefore, should be tripled. No one has addressed the added cost
of administering the tangible personal property taxes which he
understood Senator Dudley had taken out of the bill. This raises
a constitutional question because the Constitution says that
tangible property will be taxed as real estate. If this is not a
new tax, then it certainly would be unconstitutional. If it is a
new tax, then possibly you could get around the Constitution.
Commissioner Adams stressed that, in her opinion, -it is not a
new tax, but simply collecting the funds sooner.
Property Appraiser Nolte brought up another philosophical
question, in that a $25,000 vacant piece of land pays as much tax
as a $50,000 homestead but sends no children to school, yet pays
for the same number of children as the $50,000 homestead. The
vacant land also causes very little problem for the Sheriff and
causes very little traffic impact.
Tax Collector Karl Zimmermann advised that the State Tax
Collector's Association is not supporting this bill.
Commissioner Tippin stated that the bill has a good chance of
passing and addresses a revenue- void that should be strongly
supported. He felt that the bill's pros outweigh the cons.
Commissioner Bird questioned whether the bill actually does
fill the void and whether a substitute bill could do a better job.
Chairman Macht noted that the proposed bill in the Senate
Subcommittee is all that we are talking about here.
Property Appraiser Nolte further advised that the status of
the property on January 1 determines the tax roll status. If there
is a completed house on the property, it's on the tax roll; if the
people are eligible for homestead, it is allowed. Under the
proposed bill, each time the property is sold, the old exemptions
would come off. At this point in time, the tax bills are
calculated dependent upon the taxable value on January 1st times
the millage. The proposed bill would require calculating the tax
bill on a monthly basis should it change ownership.
Bou94 Pe,cE 958
APRIL 25, 1995 2 3
sooK 94 FA,t 959
Commissioner Bird wanted to clarify that a piece of vacant
land with a new $100,000 improvement finished June 1st would not be
taxable until January 1st.
Property Appraiser Nolte confirmed that it would go on the tax
roll on January 1st and the first bill, instead of being a 1 year
bill, would be a 1k year bill. However, the collection of the tax
monies is not speeded up if you make it an ad valorem tax as people
have rights to hearings, to talk to the Property Appraiser, to
appear before the Value Adjustment Board, and to appeal to Circuit
Court.
Chairman Macht understood that all the information needed to
implement the bill would be furnished by issuance of a C.O., and
Property Appraiser Nolte stated that the issuance of the C.O. is
not certain in that the County building department does not issue
all of the C.O.s and sometimes people have the electricity turned
on and move into a place and never call for a C.O.
Commissioner Bird wanted to be sure he understood that under
the existing system, someone can build an improvement on a piece of
vacant land and have it ready for occupancy June 1st, commercial or
residential, and get a free ride from June 1st until January 1st
when the new value is added to the tax rolls. He understood that
under the proposed bill there would be a back charge made for that
6 months that they were in operation and demanding services,
although it would not be collected any sooner.
Property Appraiser Nolte explained that if you move mid -year,
the exemption for taxes stays with the property because the tax
date is January 1st. If the proposed bill becomes law, the
homestead will float and stay with the owner when they move to a
new property. There may be some advantage to the Florida resident
in being able to take his homestead with him and get that on his
new property right away.
William Roolage, 11 Vista Gardens Trail, advised that he would
like to support, as a taxpayer, the Property Appraiser's views on -
this proposed legislation.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried by a 4-1 vote (Commissioner
Bird dissenting).
Chairman Macht announced that, as a personal matter, he would
personally discuss Property Appraiser Nolte's alternative of fee -
in -lieu of taxes with the legislators.
APRIL 259 1995 24
DUMPING OUTSIDE OF FELLSMERE TRANSFER STATION
Chairman Macht opened a discussion regarding letters and phone
calls he has received complaining about trash being dumped outside
the transfer station and on other private property in the Fellsmere
area. He spoke with Sheriff Wheeler and they have made some
arrests, but the problem is very widespread and the Sheriff cannot
guarantee a comprehensive solution.
Director of Utility Services Terry Pinto emphasized that this
is a continuing problem with people just ignoring the fact that the
station is closed. He felt that if the County prosecutes those who
dump outside the gate, they will just dump further down the road.
If the County is going to prosecute illegal dumpers, there should
be an effort throughout the area, not just concentrated on the
transfer station.
Commissioner Adams commented that we have tried to reopen the
station on a 7 -day basis but she is not sure that would work
either. She agreed that if you arrest the violators, the problem
is simply being transferred to public works and the violators will
go down the road and dump the trash in a canal, on the side of the
road, or in the commercial bins. She suggested, as a temporary
solution, that the Board consider providing a small dumpster
outside the gate for use after hours and on the days the station is
closed.
Commissioner Bird wanted to know what difference there would
be between providing a dumpster outside the gate and leaving the
gate open, and Commissioner Adams responded' that hazardous
materials are stored inside the gate.
Commissioner Tippin stressed that he has a great deal of
difficulty with changing the rules because someone does not like
the rules. He facetiously suggested that we might as well make the
speed limit 70 MPH on Indian River Boulevard because so many people
exceed the speed limit and we need to accommodate the speeders. He
emphasized that he has no sympathy or patience with citizens who
cannot tolerate the regulations and decide to dump their trash on
the road or other public or private property. He does not agree
with accommodating the violators in any way, shape or form and
would like to see them caught and fined.
Chairman Macht agreed with Commissioner Tippin and commented
that in our country we've gotten to the point where we just declare
that we can't enforce the law so we just let it go. It'has gotten
so pervasive that people feel free to set off a bomb just to give
vent to their frustrations. In his opinion, if a citizen is so
poor an organizer of his or her life, and so inconsiderate of their
neighbors and fellow citizens that they will not adjust their
BOOK 94 PAGE 969
APRIL 259 1995 25
BOOK 9 PAGE 961
schedules a little in the interest of saving the taxpayers nearly
1/4 million dollars and, therefore, feel free to dump refuse on a
right-of-way, then they need to be in jail. Perhaps Sheriff
Wheeler, in his work release program, could have them police the
entire county and pick up the garbage. He was sick of saying we
can't enforce the law so let's just give in to the violators.
Commissioner Adams believed the cost of enforcement, including
the cost of court and time, would exceed the cost of keeping the
transfer station open 7 days a week.
Chairman Macht preferred spending more money on a short term
basis to make sure the law is complied with and enforced.
Commissioner Bird believed the Utilities Department and the
County Administrator are getting a strong message to look at the
alternative of re -opening the transfer stations 7 days a week in
the next fiscal year. However, he felt that for the 5 months
remaining in this fiscal year, the regulations should be strictly
enforced.
Administrator Chandler felt that a larger problem would be
caused by putting an unattended dumpster outside the transfer
station gates. People could leave all sorts of debris and vandals
could create problems by scattering trash and setting fires.
There would be more time and effort spent in law enforcement,
picking up more debris and responding to fires and dead animals
which would create more of a drain on the budget.
Commissioner Adams questioned whether the County would be able
to assist the Sheriff with funds to aid him in the additional
enforcement effort, and Commissioner Bird suggested that perhaps
code enforcement officials could assist.
Attorney Vitunac advised the Board that there is a state law
that allows a county to create a litter control officer position.
Commissioner Bird suggested that the Board determine this is
a high priority item and change some of the priorities of some of
the code enforcement officers by allowing them to spend more of
their time on this problem, perhaps being specially assigned to
districts that seem to be having the biggest problems.
Chairman Macht hated the thought of allowing the hooligans to
be in control and felt that law enforcement has backed down so much
that some people feel free to murder citizens on interstates just
because they get in the way. He suggested a discussion with the
Sheriff, a representative of the Code Enforcement Board, and the
Fellsmere law enforcement department to obtain input in an effort
to make a meaningful change.
APRIL 259 1995 26
M M
M M
Richard Hutton, 1975 1st Place SW, remained opposed to closing
the transfer stations 2 days a week. However, he agreed that
something should be done about the people who are dumping outside
the gate. He recalled the situation some time back on the corner
of Oslo Road and 20th Avenue, when a property owner was forced to
go to the expense of having his lot cleared because people had
dumped trash there. He suggested that the Sheriff get names from
some of the trash dumped and have those people pay to clean it up.
He felt that even if the transfer stations were open 7 days a week,
we would still have that quality of individual that would dump
their trash along the road or in the canals, and he agreed there
needs to be some type of enforcement to penalize these people who
do not have respect for other people's property.
William Roolage, 11 Vista Gardens Trail, suggested a citizens
patrol with a TV camera photographing the offenders, with the
photographs being shown weekly at the end of the Channel 13
broadcast of the Commission meetings.
CONSENSUS was reached to strictly enforce the law until other
solutions -can be found and a directive was given to Administrator
Chandler to meet with Code Enforcement and"`report back to the Board
next week.
VICTIMS' RIGHTS
Chairman Macht reported on an observance of Victims' Rights
Week and stated that it was a very touching service. He expressed
his amazement at the number of people he knew but had not realized
that they had a relative who had been murdered or killed by a drunk
driver. A memorial has been built and dedicated in a very
beautiful little space behind the new Courthouse to commemorate
these victims. He wanted everyone to stop and take a look at it as
it really emphasizes the condition we seem to have arrived at in
this country where people place themselves outside the law and
resort to violence to settle traffic problems, domestic problems or
just murder for the pure joy of murder. He expressed his feeling
that these memorials will grow larger and we will all know more and
more people at these observances unless some definitive action is
taken. He hoped that everyone would attend the next Victims'
Rights observance and felt that each of us would be a different
person by becoming more aware of victims and their rights.
BOOK 94 PACE 96?
APRIL 259 1995 27
BOOK 94 F.�,r96
MEDEVAC AD HOC COM TTEE APPOINTMENTS
Commissioner Eggert asked the Board to approve Emergency
Services Director Doug Wright, herself and Sheriff Wheeler as the
County's representatives to the MedeVac Ad Hoc Committee.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously appointed
Commissioner Carolyn K. Eggert, Emergency Services
Director Doug Wright, and Sheriff Gary Wheeler to
the MedeVac Ad Hoc Committee.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:24 a.m.
ATTEST:
J. Barton, Clerk
Minutes Approved: 1�
APRIL 25, 1995 28
� V
4nneth�R.Ma—cht, Chairman