HomeMy WebLinkAbout9/19/1995MINUTE AC HED
OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY9 FLORID/
A G E N D A=
TUESDAY, SEPTEMBER 19,1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
Kenneth R. Macht, Chairman (District 3)
Fran B. Adams, Vice Chairman (District 1)
Richard N. Bird (District 5)
Carolyn K. Eggert (District 2)
John W. Tippin (District 4)
9:00 a.m. 1.
2.
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
INVOCATION Eleanor O'Malley, Christ Scientist
3. PLEDGE OF ALLEGIANCE _ Comm. Carolyn K. Eggert
4. ADDMONS ADDITIONSto the A ND /FMFR . NCY ITEMS
DELETE: 13.A.2. Orchid Isle Systems (Internet)
ADD: 5.C. Proclamation, Adult Day Care Center
13.A.3. Small Counties Coalition
13.D.5. Appointment to Emergency Services
District Advisory Committee
13.E. St. Lucie County request re: high-speed
rail station
5. PROCL.AIVIATION nd P F4FNTATION.
A. Presentation of Proclamation Honoring
Retiring Employee
B. Presentation of Proclamation Designating
Month of October, 1995 as Arts & Humanities
Month in Indian River County
6. APPROVAL OF MINUTE
Regular Meeting of August 22, 1995
1 ► �Y �I1 .
A. Approval of Chairman's Signature on Draft
Letter to Senator Connie Mack
B. Award Bid #5097 / Vista Royale WWTP
Painting
(memorandum dated September 7, 1995)
Fr -
C. 1996 State Aid Application / Library
(memorandum dated Sept. 7, 1995)
D. I.R.C. Library System Long Range Plan -
1995-1998 / Collection Development Plan
(memorandum dated Sept. 13, 1995)
E. Misc. Budget Amendment 023
(memorandum dated Sept. 13, 1995)
F. Cancellation of Outstanding Taxes
(memorandum dated Sept. 11, 1995)
G. Copeland's Landing West PRD
Extension of Land Development Permit and
Modification to Contract for Construction of
Required Improvements
(memorandum dated Sept. 13, 1995)
1►. 1fY 1►� 1 y ,,�
1 C ►IU I DU W411 W41" WIN
Judge L. B. Vocelle - 1 9th Judicial Circuit
Courthouse Parking Garage Security
(letter dated Sept. 6, 1995)
Florida Inland Navigation District
Presentation Regarding Long Range Dredge Material
Management Plan for the Atlantic Intracoastal Waterway
in Indian River County
(letter dated August 22, 1995)
1. (a) Request for Authorization to Submit an
Application for Section 9 (Urban Mass
Transit Act) Grant Funds
(memorandum dated Sept. 11, 1995)
(b) Section 9 Grant Match Request
(memorandum dated Sept. 11, 1995)
2. AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING
_ REGULATIONS GOVERNING WHEEL-
CHAIR SERVICES
(memorandum dated Sept. 11, 1995)
[lice11041,
Request by Dannie Decker to be Heard Regarding
the Issue of County Animal Tags -
(letter dated Aug. 25, 1995)
a � �
10. COUNTY ADMINTSfRATOWS MATTERS PAG
Utility Payment Procedures - Status Report
11. DEPARTMENTAL.
MATTERS
A. Community
Development
1.
Consideration of Proposed Amendments
to the Indian River County Local Housing
Assistance Plan
(memorandum dated Sept. 12, 1995)
2.
New Hope Ministries Request to Modify
Buffers
(memorandum dated Sept. 11, 1995)
B. Emergency
Service%
1.
Approval of FY 95/96 Hazardous Materials
Emergency Planning Agreement; Purchase
of Capital/Operating Equipment with Non -
Matching Grant Funds; and Budget Amend-
ment
(memorandum dated Sept. 8, 1995)
2.
Authorization for Animal Control Officer T.
Daniel Hand to Issue Violation Citations and
Approval of Resolution
(memorandum dated Sept. 12, 1995)
3.
Invitation from John's Island Club for Staff_
to Attend "Public Safety Day" Golf Outing
(memorandum dated Sept. 12, 1995)
C. General
Services
1.
Roseland Community Center
(memorandum dated Sept. 11, 1995)
2.
Real Property Purchase -
(memorandum dated Sept. 11, 1995)
D. Leisure
Services -
None
E. Office
of Management and Budget
None
F. Personnel
None
11. DEPARTMENTAL MATTERS (on 'd) PAGE
G. Public Work
CR512 Corridor Improvements - Change Order
No. 6, Final Pay from Martin Paving Co. and
Release of Retainage
(memorandum dated Sept. 13, 1995)
H. ITfilities
1. Petition Water Service in Vero Glen S/D
(32nd Court, SW - South of 1st St., SW)
Resolutions I and II
(memorandum dated Sept. 1, 1995)
2. Petition Water Service in Miraflores Unit
Two S/D (34th Court, SW) Res. I & II _
(memorandum dated Sept. 1, 1995)
12. COUNTY AT17O NFY
None
13. COMMISSIONERS ITEM.
A. Chairman Kenneth R Macht
1. Introduction of Commission for Florida
Law Enforcement Accreditation, Inc. (CFLEA)
(letter dated August 22, 1995)
2. Orchid Isle Systems (Internet)
B. Vice Chairman Fran B Adams
C. Commissioner Richard N Bird
D. Commies ioner arolyn K. Egger
1. Net Ban Revitalization Guide
(memorandum dated Sept. 12, 1995)
2. HRS District 15 Board Appointment
(memorandum dated Sept. 11, 1995) _ _i
YY 1_ -� 1.
D. Commissioner Carolyn K gprt ( on 'd)•
3. Traffic Signal at Beachland Blvd. (S.R.60)
and Riverside Park Drive/Ind. Riv. Drive
(memorandum dated Sept. 12, 1995)
4. Golden Sands Parking
(no backup provided)
E. Commissioner John W Tiepin
14. SPECIAL DISTRICTS
None
B. Solid Waste Disposal District
1. Approval of Minutes - Meeting of 8-22-95
2. Treasure Coast Refuse - Res. No. 92-2
(memorandum dated Sept. 7, 1995)
3. C112M Hill Final Payment
Financial Assurance Engineers Report
(memorandum dated Sept. 8, 1995)
4. 95-96 Waste Tire Grant
Acceptance Signature
(memorandum dated Sept. 7, 1995)
15. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need
to ensure that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's
Americans with Disabilities Act (ADA) Coordinator at 567-8000 x408 at least 48 hours in advance
of meeting.
Tuesday, September 19, 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, September 19,
1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and
John W. Tippin. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; -and Patricia
Ridgely, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Elinor O'Malley gave the invocation, and Commissioner
Eggert led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDATMERGENCY ITEMS
Commissioner Eggert requested the addition of item 13.D.5.,
appointment to Emergency Services District Advisory Committee and
item 5.C., a proclamation concerning National Adult Day Care Center
Week.
Commissioner Tippin requested the addition of item 13.E., St.
Lucie County's request for a high speed rail stop.
Chairman Macht requested the deletion of item 13.A.2., Orchid
Isle Systems (Internet); and addition of item 13.A.3., comment
concerning Small Counties Coalition.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added
and deleted the above items to the Agenda.
r,Ir( VRd
September 19, 1995
PROCLAMATIONS AND PRESENTATIONS
Proclamation Honoring Mary Williams. Retiring IRC Employee
Chairman Macht presented the proclamation to Ms. Mary
Williams.
P R O C L A M A T I O N
WHEREAS, Mary Williams announces her retirement from Indian
River County effective September 7, 1995.
Road and Bridge Division ia ss was hired on January 31, a Maintenance Worker. Therel975, with
have been
several reclassifications of the job over the years until 1984 when
it was classified as a Motor Equipment Operator I which was the
Position she held at retirement.
WHEREAS, Mary Williams has been an asset to Road & Bridge
Division. She exercised good judgement in performance of all
assigned duties. Mary was a team player and will be missed by her
fellow workers.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of Indian River County wishes to express its appreciation
for the performance and dedication of Mary Williams.
BE IT FURTHER PROCLAIMED that the Board wishes her the very
best in her future endeavors.
Dated this 19th day of September 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY G L!i✓1/✓�
Kenneth R. Mac tv
Chairman
Chairman Macht also presented Ms. Williams with the Retirement
Award for Outstanding Performance and Faithful Service to the
Indian River County Board of County Commissioners.
Proclamation Designating October as Arts & Humanities Month
Chairman Macht presented the proclamation to Mr. Kent Barkley.
2 -
September 19, 1995
r
PROCLAMATION
WHEREAS, the month of October, 1995 has been declared by
the President of the United States to be National Arts and
Humanities Month recognizing the contributions of artists,
craftsmen, scholars, museums, theaters, libraries, schools
and other organizations and individuals who work to keep the
arts and humanities as a vital part of our lives; and
WHEREAS, it is through the study of the arts and humanities
that we are able to gain a deeper understanding of ourselves
and our society and to celebrate our individual identities
while maintaining the values and commitments that unify us
as a nation; and
WHEREAS, it is through the preservation of art, literature,
music, crafts and philosophy that we pass our most noble
ideas and beliefs from generation to generation; and
WHEREAS, the Cultural Council of Indian River County,
designated as the County's Local Arts Agency (LAA), is the
official voice for all organizations of an artistic,
cultural and educational nature; and
WHEREAS, the Cultural Council of Indian River County was
formed to nurture a cooperative environment in which
cultural/educational organizations and individuals may
thrive and, thereby, enrich the quality of life in Indian
River County for all residents and visitors:
NOW, THEREFORE, BE IT PROCLADW BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS that the month of October,
1995 be designated as
ARTS and HUMANITIES MONTH
in Indian River County, and the Board further recognizes the
Cultural Council of Indian River County for its efforts to
unite the cultural organizations for the betterment of the
County, and extends its heartiest congratulations and best
wishes to the members of this organization on the occasion
of Arts and Humanities Month.
this 19 day of September, 1995
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLO,IDA
nnet R. Macht, Chailman
Proclamation Designating National Adult Day Care Center Week
Chairman Macht presented the
Fletcher.
3
September 19, 1995
proclamation to Ms. Arlene
BOOK 96 I'Au. 98
BOOK 6 PA.I 9
PROCLAMATION
WHEREAS, the aging population is the fastest growing nationwide;
and
WHEREAS, families often have difficulty taking care of their
children, much less their elderly parents; and
WHEREAS, many seniors who live by themselves suffer acute lone-
liness as well as difficulty in food preparation and
taking medications as prescribed; and
WHEREAS, Adult Day Care Centers provide support to individuals and
families seeking to help a loved one remain happy, active
and safe - and living. at home for as long as possible;
and
WHEREAS, Adult Day Care Centers encourage independent living with
a professional staff monitoring health and medication,
planned activities and daily nutritional needs; and
WHEREAS, the Indian River County Council on Aging operates the
only licensed Adult Day Care Center in Indian River
County:
NOW, THEREFORE, BE IT PROCLAIMED THAT THE INDIAN RIVER COUNTY BOARD
OF COUNTY COWaSSIONERS wishes to express their apprecia-
tion for this service being available to all citizens in
• the County by recognizing the week of September 17
through 23, 1995 as
NATIONAL ADULT DAY CARE CENTER WEEK
in Indian River County, and
BE IT FURTHER PROCLAIMED, that this proclamation be spread in full
on the minutes of this meeting, and a copy be given to
the Indian River County Council on Aging.
Adopted this 19 day of September, 1995.
BOARD OF COUNTY CONMISSIONERS
INDIAN IVER COUNTY, FLORIDA
2
enneth R. Macht, Chairman
APPROVAL OF AIEN UTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of August 22, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Regular Meeting of August 22,
1995, as written.
4 -
September 19, 1995
CONSENT AGENDA
A. Draft Letter to Senator Connie Mack Approved
The Board reviewed a proposed letter as follows:
DRAFT
Honorable Connie Mack
United States Senator
517 Hart Senate Building
Washington, D.C. 20510
Dear Senator Mack:
The Indian River County Commission would like to thank you and
the United States Senate for the recent commitment to fund the land
acquisition necessary to protect Pelican Island National Wildlife
Refuge (PINWR). Rapid growth on Indian River County's barrier
island and the deteriorating impacts to the Lagoon's water quality
are combining to threaten this unique estuarine ecosystem.
To reverse this trend, it is essential that' communication,
coordination, and the partnership approach should continue between
local, state and federal government.
The Indian River County Commission is working with the U.S.
Fish and Wildlife (USFWS), the Florida Communities Trust (FCT) and
the Florida St. Johns River Water Management District (SJRWMD) to
acquire environmental sensitive uplands and wetlands that will
protect the oldest national wildlife refuge. Without the funding
you have proposed, the Kennedy Tract, an important piece of the
puzzle will be missing.
During this past year, the County has purchased the Korangy
tract located adjacent to PINWR and north of the Kennedy tract. We
have also committed $100,000 to the U.S. Fish and Wildlife toward
the purchase of the wetlands in the Colliers Hole area east of the
Kennedy tract. The county and the Florida Department of
Transportation are in the midst of a five year $2.3 million ISTEA
enhancement project for Jungle Trail. Jungle Trail is a scenic and
historic public roadway that will provide a buffer line between the
PINWR and the huge residential developments advancing from the
_ east. The State of Florida through the 1000 Friends of Florida,
recently, designated this roadway as a Florida Greenway in
celebration of Florida's 150 years of statehood.
Sincerely,
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the letter to Senator Connie Mack as
presented.
5 BOOK 96 f'A"; ou-
September 19, 1995
BOOK 66 FAGS 10
B. Bid #5097 Vista Royal Waste Water Treatment Plant
Southland Painting
The Board reviewed a Memorandum of September 7, 1995:
DATE: September 7, 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(r��^
SUBJ: Award Bid #5097/Vista Royale WWTP Painting
Utilities Department
BACKGROUND INFORMATION•
Bid Opening Date:
Advertising Dates:
Specifications Mailed to:
Replies:
Southland Painting
Sunrise, FL
Space Coast Painting
Cape Canaveral, FL
Sunshine Painting
Orlando, FL
Worth Contracting
Jacksonville,'FL
Eagle Tank
Jacksonville, FL
Russell Payne Painting
Vero Beach, FL
Heard Construction
Merritt Island, F1
TOTAL AMOUNT OF BID
August 16, 1995
July 19, 26, 1995
Twenty Three (23) Vendors
Seven (7) Vendors
BID TABULATION
$ 32,880.00
$ 38,400.00
$ 42,777.00
$ 59,500.00
$ 66,699.00
$ 78,944.00
$111,900.00
$ 32,880.00
SOURCE OF FUNDS Sewer Utilities Sewage Plant Maintenance
471-218-536-044.69
STIMATED BUDGET $ 55,975.00
Staff recommends that the bid be -awarded to Southland
Pain_ tine 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 Bird, the Board unanimously
awarded the bid to -Southland Painting in the
amount Of .$32,880.00, as recommended in the
memorandum.
6 -
September 19, 1995
C. 1996 State Aid to Libraries Grant Applicatiort
The Board reviewed a Memorandum of September 7, 1995:
DATE: 9-7-95
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT
GENERAL SERVICES
SUBJECT: 1996 STATE AID APPLICATION �,�,�
FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTOR.T
BACKGROUND:
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
APPLIES EACH YEAR TO THE DIVISION OF LIBRARY AND
INFORMATION SERVICES FOR THE ANNUAL STATE AID GRANT.
ANALYSIS:
THE CHAIRMAN -OF THE BOARD OF COUNTY COMMISSIONERS'
SIGNATURE IS REQUIRED ON THE STATE AID APPLICATION
(ATTACHED).
RECOMMENDATIONS:
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT APPLICATION AND RETURN TO THE -
LIBRARY SERVICES DIRECTOR TO BE FORWARDED TO THE
APPROPRIATE STATE LIBRARY STAFF.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
authorized the Chairman to sign the grant
application for further handling and
forwarding to the appropriate State agency.
D. Library System Long Range Plan
1995-1998/Collection Development Plan
The Board reviewed a Memorandum of September 13, 1995:
6
September 19, 1995
BOOK 96 PAGE 102
Boal 96 F -A.;[ 103
DATE: SEPTEMBER 13, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVI
FROM: MARY POWELL, DIRECTOR
DIVISION OF LIBRARY SERVICES
SUBJECT: INDIAN RIVER COUNTY LIBRARY SYSTEM
LONG RANGE PLAN - 1995-1998
COLLECTION DEVELOPMENT PLAN
In compliance with State guidelines and in order to continue to
receive State Aid for Libraries, the subject documents are required
to be approved by the Board.
Staff developed the documents in accordance with State regulations
and recommends approval as submitted.
HTD/eh -
(LIBRAGEN.SEP)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the documents for the plans as
submitted, as recommended by staff in the
memorandum.
E. Miscellaneous Budget Amendment 023
The Board reviewed a Memorandum of September 13, 1995:
TO: Members of the Board
of County Commissioners
DATE: September 13, 1995
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 023
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
8 -
September 19, 1995
1. Entry allocated the pass through grant funds received for the period April 1, 1995
to June 30, 1995 ($33,030) and an estimate for the period July 1, 1995 to
September 30, 1995 ($35,097) for the Federal Transit Administration Section 9
grant.
2. The attached entry transfers funds to Fleet Management to insure that there is not
a shortfall at year end.
3. The Sheriff has requested in accordance with the provision of the Florida
Contraband Forfeiture Act a budget amendment to be done to fund the following:
Drug Abuse Resistance Education $2,604
Mother's Against Drunk Drivers $1,000
Neighborhood Watch $1,000
TOTAL $4.604
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
023.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved budget amendment 023, as recommended
in the memorandum.
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
BUDGET AMENDMENT: 023
DATE: Sepember 19. 1995
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
-
GENERAL FUND/Sectoion 9 Federal
Transportation Grant
001-000-331-041.00
$68,130
$0
EXPENSE
GENERAL FUNDARC Council on Aging
001-110-564-088.32
$68,130
$0
2.
REVENUE
FLEET MANAGEMENT/Fund Transfer In
501-000-381-020.00
$50,000
$0
Automobile Maintenance
501-000-395-010.00
$0
$50,000
��
September 19, 1995
B00x 96
BOOK 96 F, [;E 105
F. Cancellation of Outstanding Taxes on Property Purchased for Count'
Use - 1st Street S.W. Right -of -Wax
The Board reviewed a Memorandum of September 11, 1995:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: September 11, 1995
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTY PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the 1sr0perty
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded -to -the -Tax
10 -
September 19, 1995
EXPENSE
GENERAL FUND/Reserve for Contingencies
001-199-581-099.91
$0
$6,500
GENERAL FUND/Fund Transfer Out
001-199-581-099.21
$6,500
$0
TRANSPORTATION FUND/Cash Forward
111-199-581-099.92
$0
$27,500
TRANSPORTATION FUND/Fund Transfer Out
111-199-581-099.21
$27,500
$0
S.W.D.D./Landfill/Cash Forward - Sept. 30
411-217-534-099.92
$0
$8,000
S.W.D.D./Landfill/Fund Transfer Out
411-217-581-099.21
$8,000
$0
UTILITIES/Water/Cash Forward - Sept. 30
471-219-536-099.92
$0
$8,000
UTILITIES/General/Fund Transfer Out
471-235-581-099.21
$8,000
$0
3.
REVENUE
SPECIAL LAW ENFORCEMENT/
Confiscated Property
112-000-351-020.00
$4,604
$0
SPECIAL LAW ENFORCEMENT/
Drug and Crime Prevention
112-600-521-083.01
$4,604
$0
F. Cancellation of Outstanding Taxes on Property Purchased for Count'
Use - 1st Street S.W. Right -of -Wax
The Board reviewed a Memorandum of September 11, 1995:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: September 11, 1995
RE: CANCELLATION OF OUTSTANDING TAXES
PROPERTY PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes, the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the 1sr0perty
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded -to -the -Tax
10 -
September 19, 1995
Collector and copies sent to the Property Appraiser and Fixed Assets
Department.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolution cancelling taxes upon lands the County recently
acquired. - -
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved Resolutions 95-117, and- 95-118
cancelling certain delinquent taxes upon
publicly -owned lands, pursuant to Section
196.28, Florida Statutes, as recommended in
the memorandum.
Re: R/W - First Street, SW
Parcel #17-33-39-00001-0160-00005.0
Ronald and Denyse Fanaro
RESOLUTION NO. 95- 117
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO1rmisSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O. R. Book 1070, Page 2015, which was recently acquired by
Indian River County for right of way purposes on First Street, SW, are
hereby cancelled, pursuant to the authority of section 196.28, F.S.
2. The Clerk to the Board of County Commissioners is hereby directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
11 BOOK 96 PATE 106
September 19, 1995
BOOK 96 F,, Cu,107
RESOLUTION NO. 95-117
The resolution was moved for adoption by Commissioner Ea a e r t ,
and the motion was seconded by Commissioner Bi rd , and, upon being
put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 19 day of September , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN R R COUNTY, FLORIDA —
By C
e neth R. Macht, Chairman
Barton, erk
attachment: Dee with Legal Description
aa: Fixed Assets Department
Stamp:
indian a:,,ais
Atc,roved Da;e
Ad- n.
Leza'
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yes ,3
(-•..r v 3: f t_U '4.1 i i ds"til 0LLi C T 0R
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opt-clal V'WHI-1-anty ljeeu
R/W - First Street, SW (Carter Rd.) DOCUMENTARY STAMPS
1 Tax ID #17-33-39-00001-0160-00005.0
DEED
IN THE RECORDS OF NOTE
JEFFREY K. BARTON SPECIAL WARRANTY DEED JEFFREY K. BARYON, CLERK
OURT
INDIAN RINERICo. , FLA. INDIAN RIVER COUNTY
THIS DEED, made this 3lstday of August , 1995, between
O
RONALD S. FANARO and DENYSE FANARO, his %D
wife, whose address is 5950 First Street, SW, Vero O
Beach, FL, 32960, GRANTOR, N
and Ln
O
INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, whose address is 1840 25th
Street, Vero Beach, FL 32960, GRANTEE,
12_
September 19, 1995
RESOLUTION NO. 95-117
WITNESSETH :
M
That GRANTOR, for and in consideration of the sum of $10.00
and other good and valuable consideration to GRANTOR in hand paid by
GRANTEE, the receipt of which '-is hereby acknowledged, conveys to
GRANTEE, and GRANTEE'S heirs and 'Assignal forever*, the following
described land, situate, lying, and being in Indian River County,
Florida:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
*The County shall have three years from the date of execution
of this deed in which to commence the widening and paving of
First Street, SW. If said project is not completed within 18
months of commencement, the title to said property will revert
to the owners and the owners will refund to the County the
amount of $2,090.88.
and GRANTOR covenants with GRANTEE that, except as noted, at
the
time of delivery of this deed
the premises were free from
all
encumbrances made by GRANTOR,
and that GRANTOR will warrrant
and
defend the lawful claims and demands of alZe. ersons claiming
by,
through;, or under GRANTOR, but
against no
' C
sign: J 1
� 4el-7t,
1'-,_
Witness
name: 5AMDIA R SmiTN
Ronald sanaro
printed
sign: xJG(_Ct-� tMI. M&A)
Denyse Fa aro
Witness /
printed name: blade K. Wle 1 IS
/1 n ,,S T) F r-.
"I
STATE OF FLORIDA
_
COUNTY OF INDIAN RIVER
Caunly A;;;,r,,3y
The foregoing instrument was acknowledged before me this 31st
day of August 1995, by RONALD S. FANARO and DENYSE
FANARO, his wife-. They are personally known to me or produced
as Identification. -
sign., i Le.1 e( x1
Notary Public
printed name: Paula B. Redner
Commission #
C/
Thi$ doen*nenit wsA rtrpared by
ens? r!-^ .'-w �;,. . -- • -; •1 ?�
the C,,...'J A :.. y �• ri �,
1i34•t) "'= , . V - r. p.:
Florisa 3A ',;4)
September 19, 1995
Y�: i' •,' PAULA R RTNER
M. (10AWINON F I'M855J7
:'•I I:.. jJhf PD 111Mf MI. 14'7 ON ;A•0, W.
13 BOOK 96 FacF 108
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BOOK 06 HGE109
RESOLUTION NO. 95-117
LIG ;AI DI'SCH I PT I ON
FOR
TPACT 16-5.0
('AffrER ROAD
LEGAL DESCRIPTION FOR ADDITIONAL RIGHT-OF-WAY FOR IST
STREET S.W.:
TFFE NORTH 30 FEET 01= TFIE SOUTH 60 FEET OF THE EAST 169.20
FEET OF THE WEST 394.20 FEET OF THE SOUT11 622.66 FEET OF
TRACT 16, SECTION 17. TOWNSH I N 33 SOUTH, RANGE 39 EAST, AS
DESIGNATED IN THE LAST GENERAL PLAT OF LANDS IN INDIAN RIVER
FARMS CC.MPANY F I I.fi(� IN TNF.. OFFICE OF TNF CLERK OF THF
CIRCUIT COURT OF SAINT LUC I E COUN rY , FLORIDA, PLAT BOOK 2.
FACE 25, SAID LAND NO'N LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA AND CONTAINING 0.11 ACRES, MORE OR LESS.
EFXHlBlT--"A" _
14-
September
4
September 19, 1995
Lol
Re: RIW - First Street
Parcel #17-33-39-00001-0140-00002.0
Bobby Hiers & Pamela Hiers Butz
RESOLUTION NO. 95- 118
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or.'he state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
The Chairman thereupon declared the resolution duly passed and adopted
this _19 day of September , 1995.
K. Barton, lark
tachment: Deed with Legal Description
15
September 19, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN IVER COUNTY FLORIDA
By IC�-
K nneth R. Macht, Chai an
BOOK 96 NV 10
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1.
Any and all liens for taxes, delinquent or current, against
the property
described in O. R. Book 1070, Page 1260, which was recently
acquired by
Indian River County for right of way purposes on First -"Street,
are
hereby cancelled, pursuant to the authority of section 196.28,
F.S.
2.
The Clerk to the Board of County Commissioners is hereby
directed to
send a certified copy of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner
FFg a erg_►
and
the motion was seconded by Commissioner Bird , and,
upon being
- put
to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this _19 day of September , 1995.
K. Barton, lark
tachment: Deed with Legal Description
15
September 19, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN IVER COUNTY FLORIDA
By IC�-
K nneth R. Macht, Chai an
BOOK 96 NV 10
16
September 19, 1995
BOOK
PAF �1
RESOLUTION NO. 95-118
First Street (Carter Road) - R/W
Tax ID #17-33-39-00001-0140-00002.0
0
to
STATUTORY WARRANTY DEED
C=)
�o
THIS INDENTURE, made this F day of A000t:�-7-
o
1995, between
BOBBY J. HIERS and PAMELA NIERS BUTZ, as
joint tenants with full rights of survivorship, whose
address is 715 36th Avenue, Vero Beach, FL 32962,
- GRANTOR,
_
and
en
INDIAN RIVER COUNTY, a political subdivision of
V
the State of Florida, whose address is 1840 25thI
STAMPS Street, Vero Beach, FL 32960, GRANTEE,
cn
nrrlIMENTARY
Dan 3 / ..5'D ,
_
NOTE$ WITNESSETH:
pU,
^'
NTY
INDIAN RIVER COUNTY
That GRANTOR, for and in consideration of the sum of $10.00
and other good and valuable consideration to GRANTOR in hand paid by
GRANTEE, the receipt of which is hereby acknowledged, has granted,
bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns
forever, the following described land, situate, lying, and being in'
Indian River County, Florida:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and GRANTOR does hereby fully warrant the title to the land, and will
defend the same against the lawful claims of all persons whomsoever.
Signed In thepresence of:/
sign: Lt.�►�T) [,lam/ :�/� ,cxLz
'Hers
Witness Bobb J
H printed name: It/. I% //,f
sign / t_�" %�' �u�--- ( r��g �, J.LL l�tc�:
ct
Z Witness Pamela Niers Butz
printed name:l�lc•. I fi Rca j
_
c
J APPR!)Vrl) AS Tn FORA
AND L FIC!"NCl':
C
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STATE OF FLORIDA — CP. Vlhn�yc
--
COUNTY OF INDIAN RIVER Count
County Attorney
n
/
The foregoing instrument was acknowledged before me this 7
O
�
day of{�, 1995, by BOBBY J. HIERS and PAMELA HIERS
BUTZ. T are sr'-on`all� known to me or produced as
Identification.
sign:
_ Notary Public
printed name:
Commission #,,1,py
P&O O"ICIAL NOTARY SE!
�.
O WILLIAM B MILLS
« 11)0. y COMMISSION NUMBER
,l�
CC261229
9ie My COMMISSION EXP.
Of floe MAR. 23 1997
16
September 19, 1995
r
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I
H
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I, Charles A. Cramer, hereby certify that
I am a registered Professional Land
Surveyor licensed to practice in the state
of Florida, that this sketch was made under my immediate .supervision, and
Q
certify that this sketch meets the Minimum Technical.. stgpdslyds• as described
in Chapter 61G17 of the Florida Admin—
istrative Code, pursuant to F.S. Chapter
472.
W
Vl
01
N
ENGINEERING DEPARTMENT �
P
U
THIS IS NOT A SURVEY
o
SKETCH TO ACCOMPANY LEGAL DESCRIPnOh �
Q
1840 25fh at-,.. Wro Beach, FL 32960 a
Indian River County Surveyor
(407)-.'S%*7;=89017.
Date 4.g�# ieq.f
SCALE. 10— 100' o
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30
S. Line of Tract 14
LECAL DESCRIPTION
The North 30 feet of the South 60 feet of the West 20.29 Acres of the East 30.29 Acres of Tract 14, Section 17,
Township 33 South, Range 39 East, as designated in the last general plat of the lands of the Indian River Farms
Company Subdivision, filed in the office of the Clerk of the Circuit Court in St. Lucie County, Florida, Plat Book 2,
Page 25, said land now lying and being in Indian River County, Florida. and containing 0.46 acres, more or less.
CERMCATION
3
C!
I, Charles A. Cramer, hereby certify that
I am a registered Professional Land
Surveyor licensed to practice in the state
of Florida, that this sketch was made under my immediate .supervision, and
that it is accurate and correct. I further
certify that this sketch meets the Minimum Technical.. stgpdslyds• as described
in Chapter 61G17 of the Florida Admin—
istrative Code, pursuant to F.S. Chapter
472.
W
PREPARED FOR INDIAN RMM COUNTY
ENGINEERING DEPARTMENT �
-:•fir;; _ y
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPnOh �
Charles A. Cramer, P.L.S. Reg. #4094
1840 25fh at-,.. Wro Beach, FL 32960 a
Indian River County Surveyor
(407)-.'S%*7;=89017.
Date 4.g�# ieq.f
i 96 1 UdULU 1 du
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1
BOOK 96 pnE 113
G. Copeland's Landing West PRD - Extension of Land Development Permit
and Modification to Contract for Construction of Required Improvements
The Board reviewed a Memorandum of September 13, 1995:
TO: The Board of County Commissioners
FROM: Ivf , William G. Collins II - Deputy County Attorney
DATE: September 13, 1995
SUBJECT: Copeland's Landing West PRD
Extension of Land Development Permit and Modification to
Contract for Construction of Required Improvements
On June 21, 1994 the developer of Copeland's Landing West PRD entered into
a Contract with the County guaranteeing construction of required
improvements within one year of that date. However, the developer's land
development permit expired March 21, 1995. The developer wishes to
complete the work which is secured by a $20,700.00 cash escrow on deposit
with the County. The developer has asked for an extension to January 1,
1996.
RECOMMENDATION:
Authorize the extension to the Land Development Permit No. 93040115-001 to
January 1, 1996 (as authorized by Code Section 913.07(5)(J)). Authorize
the Chairman to execute the Modification to the Contract for Construction of
Required Improvements No. PRD -87-12-09-A to extend the completion date to
January 1, 1996 (as authorized by Code Section 913.10(1)(E)).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
authorized the extension to the Land
Development Permit No. 93040115-001 to January
1, 1996 and approved the Modification to the
Contract for Construction of Required
Improvements No. PRD -87-12-09-A to extend the
completion date to January 1, 1996, as
recommended in the memorandum.
MODIFICATION ON FILE IN OFFICE OF CLERK TO THE BOARD
18 -
September 19, 1995
JUDGE L. B. VOCELLE - COURTHOUSE PARKING GARAGE
SECURITY AND OTHER CONCERNS
The Board reviewed a letter of September 6, 1995:
L B. voc
CHIEF JUDGE- !MM -it
September 6, 1995
&aft of ftrtba
Ninetefut4 dai (liirm t
Honorable Kenneth R. Macht, Chairman
Indian River County Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960-3394
RE: Courthouse parking gargage security
Dear Mr. Macht:
Attorney
peracnral
C�r,,rti:;tt ire:;;
BOX 486
ER;er�, SES . VERO--BrXt7 -FL 32961
nici, 1'4,f,t 770.5050
�i 11 Pr 4071 9.1460
We are still experiencing vandalism in the parking garage of our new courthouse.
Enclosed please find a criminal mischief report in the vandalism of Sgt. Pisani's
official automobile. Apparently this occurred between 8:00 a.m. and 8:15 a.m. on
August 11, 1995.
Security cameras are much needed not only as a deterrent but also to document
any vandalism that may occur with a strong possibility of identifying the vandals
themselves in the act.
I have also discussed with Sheriff Wheeler the request for a golf cart. The cart
would be marked with proper law enforcement and courthouse security insignia
and would be equipped with proper lighting to be utilized in the parking garage for
security purposes. This would be an additional deterrent to vandalism in the
parking garage.
We still do not have the wheelchairs that we requested be in place and I would
suggest that efforts be made to provide those for the physically challenged..
Our crosswalk unfortunately is not in the location that was anticipated (no one
contacted myself or anyone else associated with the building as to location). This
should be placed where individuals walk from the parking garage to the building
and back.
1 request to be placed on the agenda for the Board to go over these an any other
matters that pertain to our building. Tuesday September 19 and Tuesday
September 26, early morning are both good dates on my schedule. Please advise
my office on a date that is agreeable to our schedules.
Very truly yours,
L. B. Vocelle
Chief Judge
September 19, 1995
19
BOOK 96 PAF 114
BOOK 6 PA E 115
Judge L. B. Vocelle advised that the handicapped railings are
being used by the skateboarders and are getting damaged because
they were not built for that type of use.
Judge Vocelle felt it was time to bite the bullet and put the
security cameras in the garage. He believed the cameras would act
not only as a deterrent, but would also provide documentation of
unlawful acts. He also asserted that a well -marked Sheriff's
Department golf cart, parked near the garage, would act as a
further deterrent to vandalism.
Judge Vocelle reminded the Board that he had been before them
in July and wondered what happened to the wheelchairs that were to
be provided -in the Courthouse for handicapped visitors.
Judge Vocelle claimed there was no liaison for communication
between the Board of County Commissioners, the Judicial, the Public
Defender, the State Attorney, the Clerk, and the Sheriff. He cited
as an example the problems with the two different audio/visual
recording systems in the courtrooms. He reported that recording in
two courtrooms is still a problem and related how one of Circuit
Judge Robert Hawley's hearings could not be accommodated.
Judge Vocelle then described the impracticality of the
location of the crosswalk which was in process of installation. He
was advised, when he complained to the City of Vero Beach, that it
was according to what the County had authorized.
Judge Vocelle summarized his requests, as follows:
• that the cost of the security cameras for the garage be
provided from the courthouse facilities fund.
• that the wheelchairs be expedited.
• that a liaison for communication between the Board of
County Commissioners and entities in the Courthouse be
put in place.
• that the purchase of a golf cart for security purposes
be made from the courthouse facilities fund.
Administrator Chandler began addressing some of Judge
Vocelle's requests and remarks. He had not realized there was any
problem with liaison because Director Dean had been designated to
work with the court and administrators in the Courthouse. That
concern will be rectified following the meeting. He advised there
was no provision in the budget for security cameras and the quotes
he had received recently were between $35,000 and $50,000. He
called on General Services Director Sonny Dean to elaborate on the
crosswalks.
20 -
September 19, 1995
M
M
First, Director Dean advised that the wheelchairs were in
place in the Courthouse.
Next, with the aid of an overhead map of the area, Director
Dean explained that the placement of the crosswalk was for safety
reasons and that a tree was removed from that spot.
Judge Vocelle pointed out how people were using the shortest
route, not the place where the crosswalk was placed. He and others
who work in the Courthouse felt it would have been more practical
to place the crosswalk at the shortest route, but, unfortunately,
no one had discussed it with them. That was the problem. He
thought they should, at least, be consulted.
Director Dean continued to say that he planned to erect
barriers so the people would be forced to use the proper ingress
and egress to the garage.
Commissioner Eggert was concerned for people using walkers who
may have trouble with the curb on the Courthouse side. Following
discussion, Director Dean advised he would have no problem in
putting a curb cut there.
Director Dean then chronologically detailed the video
recording planning for the Courthouse in order to explain why there
were two courtroom recording systems. Initially, it was
anticipated that two courtrooms (6 & 7) would allow for two-way
video between the jail and the Courthouse, so those courtrooms were
on one video system. Later, after the purchase and installation of
the two-way system for courtrooms 6 & 7 had been arranged, it was
decided to purchase a video recording system for the benefit of the
Clerk's Office. Finally, it was found to be necessary to make the
two systems compatible. Work has been on-going for new computer
software to achieve compatibility; it is still incomplete.
Director Dean explained he has been following it closely and it
might have been completed today.
Commissioner Bird wondered who had agreed to the -planning of
these two systems and who it accommodated, and Director Dean
explained that the system in courtrooms 6 & 7 (for first
arraignments) was something that the judges and all of us agreed
upon. The Clerk and his staff decided a video recording system was
necessary for the other courtrooms and that system had gone through
the process and was approved by the Board. The consultants thought
there was no use in having two systems, but thought they should be
made compatible. The problem is the software, which is being
worked on, but is still incomplete. After it is finished, the
products will be identical.
21 BOOK, 96 PA E 1161
September 19, 1995
BOOK 96 PAGE 117
Judge Vocelle interjected that it was an unfortunate situation
because the Clerk would have to re-train and cross -train his staff
people so they were able to operate both systems. He felt the
problem could have been avoided if there had been better
communication between the County's liaison and the staff at the
Courthouse. He reiterated his request for input into what is going
on in the Courthouse because he felt they were more attuned to what
was needed in the building than some so-called "experts."
Commissioner Eggert wondered about a penalty for late delivery
on the software because they had been waiting since August, and
Director Dean advised there was no penalty built into the contract.
Director Dean recounted that these systems were brought to the -
Courthouse Advisory Committee and approved and then brought to the
Board for final approval; nothing was done by one individual.
Commissioner Adams felt that this should be a stepping off
point for better communications.
Judge Vocelle commented that the Courthouse was a wonderful
building to work in and the building was now in the fine-tuning
stages. He went on to say that he had spoken with the person doing
the work in the courtrooms and had received direct assurance that
it would be ready for Judge Hawley's September 15th hearing, but it
was not.
Clerk of the Circuit Court Jeff Barton explained that
operating the two systems would be similar to using "stick" shift
and automatic transmission systems in automobiles. In addition, he
emphasized there are no operating manuals, yet his staff must learn
how to operate both systems. He agreed with Judge Vocelle that
there was a communication problem and felt it was the most
difficult thing to overcome in fine-tuning the building.
Commissioner Bird was still confused because Director Dean had
said the software would make the two systems compatible.
Clerk Barton explained that the systems work similarly and
Chairman Macht interjected that it was a matter of training and he
did not think it was asking too much of those involved to be
trained and maintain that training.
Clerk Barton related how 47 staffers would have to be trained
to operate two different systems for various judges in seven
different courtrooms, which he felt was unreasonable.
Commissioner Eggert thought the lack of training manuals was
the fault of the company providing the system.
Commissioner Bird did not understand why and who made the
decision to have two different systems.
22 -
September 19, 1995
Director Dean reiterated the sequence of events which led to
the ultimate difficulty. The current problem is getting the
software completed and he agreed it was a problem not having an
operation manual. He advised -that only about $6,000 -has been
withheld in payment.
Clerk Barton advised that, when completed, there will be a
switch which will permit first appearances to be done in any of the
courtrooms.
Commissioner Tippin recalled it being said at least two or
three times, that technology was advancing so rapidly that it was
already obsolete and he was not surprised this was before them.
Chairman Macht suggested that a limited meeting of the Safety
Committee (which consists of most of the people concerned) be
convened to consider security, video -recording, skateboarding and
crosswalk concerns in order to bring a consensus report to the
Board.
BY CONSENSUS, the Board agreed to Chairman
Macht's suggestion.
FLORIDA INLAND NAVIGATION DISTRICT
LONG RANGE DREDGE MATERIAL MANAGEMENT PLAN FOR
ATLANTIC INTRACOASTAL WATERWAY PRESENTATION
The Board reviewed a letter of August 22, 1995:
FLORIDA INLAND NAVIGATION DISTRICT
August 22, 1995
Mr. CP
James Chandler, Administrator AD, N' ��'l ,
COMMISSIONERS 3 LC -0
Indian River County o
1840 25th Street,
LAURENCE D. LocKER Vero Beach, FL 32960 rCl 4 j
CHAIR ��
BROWARD COUNTY Dear Mr. Chandler: E S L q
ANN SHORSTEIN
VICE -CHAIR
DUVAL COUNTY RE: Long Range Dredge Material Management Plan for the Atlantic
JAMES O. TAYLOR Intracoastal Waterway in Indian River County.
SECRETARY
VOLUSIA COUNTY
GEOME P. BUNNELL This letter is a request to make a presentation at an Indian River County
TREASURER Commission meeting regarding the District's Long Range Dredged
INDIAN RIVER COUNTY Material Management Study of the Atlantic Intracoastal Waterway in
`P"B 1JCOUNTY NDAHL
PALM BEACH Indian River County. This study has recently initiated. In accordance
23
September 19, 1995
BOOK 96 FAGE 118
BOOK 9 FGr�
PIERRE D. THOMPSON with our project procedures we always coordinate with the local
ST. JOHNS COUNTY government when siting our facilities. We also have a public workshop
M. BREW WADDEu and public information distribution procedure that we will initiate in the
MARTIN COUNTY
County.
STANLEY E. GOODMAN
DADE COUNTY
BRYNN G. NEWTON Basically the study will determine the amount of material to be
FLAGLER COUNTY maintenance dredged from the waterway during the next 50 years,
TED B. MOORHEAD determine if our existing inventory of dredged material management
BREVARD COUNTY
sites can manage the anticipated material, and if not, the study will
JO ANN ALLEN
ST. LUCIE COUNTY identify new properties for addition to the inventory. As you are aware
the District has property rights on the spoil islands which are typically
too small for usage in our long range -plans. It is anticipated that three
to four new sites will need to be identified and acquired for the project.
ART WILDE The District's presentation should take about 20 minutes. I have -
EXECUTIVE DIRECTOR attached a package of information on the project that you may include
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR as back up to this agenda item. I will make the presentation and will be
assisted by our consulting engineer, Dr. Bruce Taylor of Taylor
Engineering, Inc. The District will also be requesting that the County
Commission appoint a citizens advisory committee for this study. The
purpose of this committee is to provide local community review and input as well as
to advise the District and the County Commission of the local communities
concerns relative to our findings.
Please contact me at your earliest convenience concerning this request..
S' e ,
David K. Roach
Assistant Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407-627-3388 FAX No. 407-624-64M
George P. Bunnell, Indian River County's Commissioner to the
Florida Inland Navigation District (FIND), explained that FIND is
in the process of a 50 -year program. They are presently doing a
study to determine what needs to be done with respect to the
navigability of the Intracoastal Waterway (ICW). It is now Indian
River County's turn to be studied and a cooperative effort is
anticipated. Mr. Bunnell introduced FIND staff members Messrs. Art
Wilde and David K. Roach and Dr. Bruce Taylor who were in the
audience to present information and respond to questions.
David R. Roach, Assistant Executive Director of the FIND,
referred to the Long Range Dredged Material Management Program for
24-
September
4
September 19, 1995
� � r
David R. Roach, Assistant Executive Director of the FIND,
referred to the Long Range Dredged Material Management Program for
the Atlantic Intracoastal Waterway in Florida which had been
presented in the backup material.
Mr. Roach presented a lengthy slide presentation and detailed
information about the program. He described aspects of funding,
mission, makeup of the FIND and the major programs in which FIND is
involved. The ICW Project was initiated by the Legislature and is
a' joint undertaking with the U. S. Army Corps of Engineers doing
all the physical construction work and FIND providing the property
required for the construction and continued maintenance of the
waterway.
Mr. Roach believed that not very much dredging will have to be
done in Indian River County. Preservation of aquatic..environments
is an important factor in this program which was not present in
previous ICW dredging projects. Environmental protection laws now
require dredging material be placed either in the ocean, on the
beach, or in the uplands and he described the restrictions for each
area.
Mr. Roach explained in detail how upland sites have been used
for processing/storage of dredging materials and showed
photographic slides of a Jacksonville site with its natural
vegetation buffering area. He described the hydraulic dredging
operation and how the water is returned to the lagoon and the
dredged material is processed. He indicated that the maximum
dredging reach is about ten miles in length and that it is most
economical to have the site in the middle of the ten miles. The
infrastructure put in place will be permanent and the sites will be
used for continued dredging maintenance of the ICW.
This major undertaking works best with local involvement and
Mr. Roach asked for the Board's help by appointing a citizen's
advisory committee so they can contribute local/inside knowledge on
properties FIND is contemplating for sites. FIND will be
advertising, conducting meetings, and looking for public feedback.
The whole process will take approximately one year.
Mr. Roach outlined the three points they need to accomplish in
terms of the study: determine their storage requirement or how
much they were going to dredge over the next 50 years; determine
25 BOOK 96 PAGE 120
September 19, 1995
BOOK 9 Hu 121
their management alternatives, that is, can the beach be used for
disposal or does one of the centralized sites have to be used; and
establish a site bank.
Mr. Roach estimated four sites will be needed in Indian River
County for 24 miles of waterway. They will be looking at about 24
different properties. Each site will be analyzed using 21
different criteria, restrictions or concerns, which basically break
into engineering and operational criteria, environmental criteria,
and socio-economic or cultural concerns. It is then narrowed down
to a primary and secondary site in each dredging area. He
indicated he would know the volume of dredge material by the end of
the month. -
After completion of the first phase of identifying sites, Mr.
Roach detailed the phase two process when a full -range of analysis
is done for the sites before they are purchased or put into the
long-range system. He advised that 45 sites have already been
acquired by the State.
Mr. Roach then explained the commercial, private, and national
defense reasons for keeping the ICW navigable for the ever-
increasing numbers, sizes, and drafts of the vessels traversing it.
Chairman Macht asked if Fritz Island was big enough to make an
impact on the disposal, and Mr. Roach advised they had some
previous discussions with representatives of Johns Island about
doing some land exchanges, so it has been looked at and he thought
it was somewhere in the vicinity of 70,000-80,000 cubic yard range.
Their minimum size site is typically 30 acres, because the buffer
area takes half of the acreage.
Chairman Macht believed the whole system was over 300 acres
and that it had been totally invaded by exotics. He inquired if it
would be practical to remove all that vegetation and re -plant with
native species if they acquired Fritz Island.
Mr. Roach indicated it would and they had already done a lot
of re -planting work in that regard citing projects in Dade and Palm
Beach Counties. He wanted to emphasize that the installations
would be permanent facilities, so if Fritz Island were selected as
one of the sites, they would remove the exotics and bring in native
plant species. Having recently funded a native species program at
the Environmental Learning Center, the source for new plants would
be quite near. He felt it could work very well for everyone in the
community.
26 -
September 19, 1995
Commissioner Bird suggested that the MANWAC committee members
might be best to serve in the advisory function.
Chairman Macht agreed with Commissioner Bird's suggestion and
asked him to take the lead on behalf of the Board.
Commissioner Bird requested Mr. Roach to meet with him
concerning the expertise necessary to determine whether the MANWAC
members would qualify and save having to appoint an additional
committee.
PUBLIC HEARING - SECTION 9 URBAN MASS TUANSIT ACT GRANT
SUBMISSION APPROVED
The public hearing was advertised as follows:
VERO BEACH PRESS -JOURNAL
NOTICE _ pumic NEARING
Notice of fiea" to consider submittal of an ap-
Published Daily
y
�t� for 38Ctlrni 9, Urban Mass Transit Act.
Cadtai Op Ruing Assistarm.
j he County 8osrd of County Com.
Vero Beach, Indian River County, Florida
"t 9 submittal of an Urban
Transit grant app6gtbn. As
the appUcaUon re�+eat9 8 grant of
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
J. J. Schumann, Jr. who on oath
8.171 in federal funds These Ods • %t be
passed thr oCoundi
;�h to the unty
Indian Rim CThe
Before the undersigned authority personally appeared
funds
4on
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
be t0 COtf fhe� s Car.
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
musty Coach �mlwoMddfiIfti�ed fixed route) programand to
h1Cre88e tflB Ccuncu•s
1t'
demand responalwa transpor.
prograrit. SpedfksUy. funds w01 be used to:
a
•tation
replacie acquire _ ppment
• construct an intermodal tern*
in the matter 0}
011111114311 Operetlons of current service
p j hearhng at whdi parties in Interest and
rJtlzA er�s at18B have an' oppOfb Ity to be heard will
be held by the Board of C" Commissioners in
the County Commission Ctlembers of the Wari
In the Court, was pub
Adndnistrakin located at
1840 25th Veto Beach, an Tuesday,
f1
lashed in said newspaper in the Issues of
11995 at
Anyone Who may wish to decision
which may be meds will reed to
an.
Sure that a vin record of fhe• proceedings is
made, which lrraa" tiny end upon
which the appeal w® be based.
Affiant further says that the said Vero Beach Press•Joumai is a newspaper published at
River County, Florida, and that the said newspaper has heretofore
At"* Who nestle • a t8NW dation for
Must. Contact the county's Americans
Vero Beach, in said Indian
been continuously published In said Indian Rim County, Florida. each daily and has been
Yextensim 223 at rltll Act (ADA) Coordinator a< 567'8000
entered as second class mail matter at the post office in Vero Beach, in said Iridian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
a1clar1 River County
advertisement; and affiant further says that he has neither paid nor promised any person, firm
Board of Cqutty,
or corporation any discount, rebate, commission or refund for the purpose of securing this
CopmN9sbmers
8T --9A p t
advertisement for publication in the said newspaper.
SepL 11, 1995 1232259
Sworn to and subscribed before me jhis day 4(��yy 19 �—
(Btlpfness Manager)
r,.•t4t
r
807
Community Development Director Bob Keating reviewed the
memorandum dated September 11, 1995:
27
September 19, 1995
BOOK 96 PAGE 122
BOOK 96 PAGE 123
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP��
Community Development Director
DATE: September 11, 1995
SUBJECT: REQUEST FOR AUTHORIZATION TO
SUBMIT AN APPLICATION FOR SECTION 9
(URBAN MASS TRANSIT ACT) GRANT FUNDS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of September 19, 1995.
DESCRIPTIONS & CONDITIONS:
As a result of the 1990 Census, the City of Vero Beach and the
densely populated land surrounding the City were designated as an
urbanized area. With this designation have come several changes.
One was the establishment of the Indian River County Metropolitan
Planning Organization (MPO). Another change is the eligibility of
local governments within the urbanized area to apply for and
receive Section 9, Urban Mass Transit Act, funds.
Grants under the -Section 9 program are available for the planning,
acquisition, construction, improvement, and operating costs of
facilities, equipment, and associated capital maintenance items
used in mass transportation service. For operating cost grants,_a
50% match is required.
While only public agencies may be designated recipients and apply
for Section 9 funds, a private provider may receive Section 9 funds
through a designated recipient which applies for funds on behalf of
the private provider. Consistent with this allowance, the Indian
River County Council on Aging has prepared a Section 9 Grant
application and is now requesting that the Board of County
Commissioners apply for Section 9 funds as a designated recipient
on behalf of the Council on Aging.
The Council on Aging is requesting a $476,161 Section 9 grant, and
proposes to match that with $286,741 in funds from a State Transit
Development Block Grant and with funds to be provided to the
Council on Aging by both Indian River County and the City of Vero
Beach. Besides those county funds which have been allocated to the
Council On Aging in the FY 95-96 budget, an additional $15,000 in
County funds, not programmed in the FY95/96 budget, are needed to
maximize the amount of grant funds available to the Council. This
proposed $15,000 appropriation is addressed in the following agenda
item. A copy of the complete Section 9 grant application is on
file at the County Planning Division Office.
As proposed, the Council on Aging will use the entire $762,902
(grant and match) to fund its Community Coach and para -transit
service.
ANALYSIS:
AccordiMq-to - 9 4rant --appli-cation requirements, a -designated
recipient must hold a public hearing to obtain the views of
citizens on a proposed grant application. In keeping with that
28 -
September 19, 1995
r
_I
� � r
requirement, staff has published a notice of this meeting and has
scheduled this item as a public hearing.
The MPO has included the proposed Section 9 grant in its FY 95/96 -
99/00 Transportation Improvement Program (TIP), a necessary
prerequisite for submittal of_a Section 9 application.
As proposed, this grant will allow the Council on Aging to leverage
county funds to provide more transportation services to the
county's residents. By so doing, the Council will be meeting an
identified need within the County.
To apply for Section 9 funds, the Board of County Commissioners
must adopt the attached resolution and authorize the chairman to
execute necessary self -certification and standard assurances.
Copies of these are attached to this agenda item. All have been
reviewed and approved by the County Attorney's Office.
RECONNENDATION:
Staff recommends that the Board of County Commissioners adopt the
attached resolution authorizing the filing of the Section 9 grant
application. Staff also recommends that the Board authorize the
chairman to execute the necessary self certifications and standard
assurances required by the Section 9 program.
Commissioner Eggert advocated support of this item as
presented.
Director Keating indicated that there are still a -number of
issues to be resolved concerning the Intermodal Transportation
facility at the airport, and if the Board approves this item, they
can be addressed at a later time.
In response to Commissioner Bird's question, Director Keating
confirmed that the need for the facility is there and advised that
Tom Fritz, Transportation Director for the Council on Aging, and
OMB Director Joe Baird were available for questions.
Commissioner Bird pointed out this was a 1 -year grant and had
concern if the grant were not funded in coming years.
Director Keating anticipated that Section 9 funding would
continue, but could not be certain since those funds come from the
federal government.
Tom Fritz, director of transportation, Council on Aging,
advised that centralizing transportation facilities at the airport
made a lot of sense. He could not give an honest answer whether
the federal government would continue the Section 9 funding.
In response to Commissioner Eggert's question, Mr. Fritz
advised that he would not be increasing his staff for this
operation; however, he will be adding a staff member in December to
handle the coordination of Medicaid transportation.
29 BOOK 9.6 FAf,,E 124
September 19, 1995
BOOK 96 FACE 125
Mr. Fritz and Director Keating responded to Commissioner
Bird's question about the additional $447,000 in their budget which
is mostly for the capital facility at the airport. Mr. Fritz
pointed out that they are weaning themselves from rural
transportation (Section 18) funding and into the Section 9 capital
funding and reviewed the following budget and expenditures:
SECTION 9
PROGRAM OF PROJECTS
AND RUAGET
Urbanized Area: VERO BEACH
Designated Recipient: Indian River County
Council on Aging
Grantee: Indian River County Board of
County Commissioners
Program Number:
PsQject Des&ri-Iition CAP -[UL PROTECTS•
a. 80/20 funding
1. Replaccinent vehicles
2. Replacement Support
Equipment Acquisition
3. Intermodal Terminal Construction
4. Communication Acquisition Radios
5. Communication Acquisition Masc
6. Station Stop Acquisition
7. ADP Hardware
8. ADP Software
9. Routing Signs
Subtotal Capital
11. OPERATING ASSISTANCE
for the period 1 Oct 95 - 30 Sep 96
Subtotal Operations
M. PLANNING
Subtotal Planning
IV. CAPITAL CONT'INCTENCY
Subtotal Contingency Projects
GRAND TOTAL
September 19, 1995
Apportionment for 1995:
Carryover Funds:
Transfer Funds (+or-).
Total Funds Available:
W."In
16,400
500
30,000
8,180
600
1,500
2,360
700
.,600
65,600
2,000
120,000
32,720
2,400
6,000
9,440
2,800
2,400
60,840 243,360
223,601 223,601
223,601 223,601
0 0
0 0
2,300 9,200
2,300 9,200
286,741 476,161
30-
82,000
2,500
150,000
40,900
3,000
7,500
11,800
3,500
3,000
447,202
447,202
0
0
11,500
. 11,500
762,902
SLCTi0N` 9
EXPENDITURE -DETAIL
Urbanised Areas VERO BEACH
Designated Recipient: Indian River County
Council on Aging
Grantee: Indian River County
Program Number:
Project Activities
Budget Codes
Federal Share
I. CAPITAL
A. 80/20 funding:
1. (1) 13 Pass Van Conv (Hi -top)
11.12.15
25,600
2. (1) <30' Bus
11.13.04
40,000
4. ADP Hardware
11.42.07
9,440
5., ADP Software
11.42.08
2,800
6. Furniture
11.32.08
2,000
7. Intermodal Terminal Construction
11.33.03
120,000
8. Routing Signs
11.3,2.-09,
2,400
9. Passenger Shelters
11:32.16
6,000
10.Communication Misc
11.62:20
2,400
ll.Communication Radios
11.62.03
32,720
Subtotal Capital
243,360
Project Activities
Budget Codes
Federal Share
II. OPERATING ASSISTANCE
for period 1 Oct 95 - 30 Sep 96
30.09.00
221,101
Travel
50.10.00
1,000
Fees
50.20.00
500
Lodging/Meals
50.30.00
1,000
Subtotal Operating Assistance
223,601
III. PLANNING
0
IV. CAPITAL CONTINGENCY
99.99.00
9,200
TOTAL FEDERAL FUNDING I, II, III, IV
476,161
OMB Director Joe Baird pointed out that if the federal
government cut off the funding, the County would have- to decide
whether to fund it locally or reduce or eliminate the program.
Still to be resolved is his concern of whether the County would be
required to keep the program going because of the use of capital
money.
Commissioner Bird did not want the County to end up looking
like the grinch to people who used the transportation if federal
funding is not available in the future.
Commissioner Eggert suggested there were other ways, such as
increased fares, which could be looked at in the future, if
necessary, and pointed out that this would provide transportation
to the airport as well as other places.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Brian Heddy, 1770 5th Court, Vero Beach, asked for an
explanation of the component parts of the $286,000.
31
September 19, 1995
BOOK 96 PAjE 12
BOOK• 96 PAGE 127
Director Keating explained matches of the capital and
operating components of the grant program and pointed out that an
additional $15,000 was coming from the City of Vero Beach and an
additional $15,000 is being requested from Indian River County (see
next agenda item).
Mr. Heddy was concerned, and Commissioner Eggert explained
that the additional $140,000 was a budgeted figure.
Bob Walsh, Sunset Drive, wanted to know specifically if any
funds were coming from the SHIP fund.
Commissioner Eggert assured him there were none, and Director
Keating explained how the confusion might have arisen and the
differences -in the programs. -
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
adopted Resolution 95-119 which authorizes the
filing of an application with the U. S.
Department of Transportation for a grant under
the Urban Mass Transportation Act of 1964, as
amended, as recommended by staff.
Commissioner Tippin felt, from his observations, that
requirements for public transportation would not be getting less.
GRANT AGREEMENT IS ON FILE IN THE
OFFICE OF THE+CLERK TO THE BOARD
32 -
September 19, 1995
RESOLUTION NO. 95-119
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE FILING OF AN
_APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED
STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS AMENDED. -
WHEREAS, the Secretary of Transportation is authorized to make
grants for a mass transportation program of projects and budgets;
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, including the provision by
it of the local share of project costs in the program;
WHEREAS, it is required by the U.S, Department of
Transportation in accord with the provisions of Title VI of the
Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority
business enterprise be utilized to the fullest extent possible in
connection with this project, and that procedures shall be
established and administered to ensure that equipment. contracts, or
consultant and other services meet these goals.
i
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Indian River County Board of County Commissioners is
authorized to execute and file applications on behalf of
Indian River County with the U.S. Department of Transportation
to aid in the financing of planning, capital and/or operating
assistance projects pursuant to Section 9 of the Urban Mass
Transportation Act of 1964, as amended.
2. That the Indian River County Board of County Commissioners is
authorized to execute and file with such application an
assurance or any other document required by the U.S.
Department of Transportation effectuating the purpose of Title
VI of the Civil Rights Act of 1964.
3. That the Indian River County Board of County Commissioners is
authorized to furnish such additional information as the U.S.
Department of Transportation may require in connection with
the application for the program of projects and budget.
4. That Indian River County Board of County Commissioners is
authorized to set forth and execute affirmative minority
business policies in connection with program of projects and
budget procurement needs.
5. That Indian River County Board of County Commissioners is
authorized to execute grant agreements with the U.S.
Department of Transportation for aid in the financing of the
planning, capital and/or operating assistance program of
projects and budget.
�®®K 96 DGE 128
September 19, 1995 33
BOOK 96 PA, -F 129
RESOLUTION NO. 95-119
THIS RESOLUTION was moved for adoption by Eggert , and
the motion was seconded by TiRpin , 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 Ay,
Commissioner Richard N. Bird Ayo
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September , 1995.
BOARD OF_fXUNTY COMMISSIONERS
INDIAN VER(tQUNTY,'FTjORIDA
BY:
Kenneth R. Macht, Chairman
Board of County Commissioners
ATTEST: lt)�
Jeffrey K. Barton, Clerk
State of Florida
14
u ty of I ian River
I HEREBY CERTIFY hat on this day, before me, and officer duly
authorized in this State and County to take acknowledgements,
personally appeared KENNETH R. MACHT, and JEFFREY K. BARTON, as
Chairman of the Board of County Commissioners and Clerk,
respectively, to me known to be the persons described in and who
executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and offi 1 seal in the County and State last
aforesaid this oto day of , A.D., 1995.
Notary Public IJ
PATRICIA M. RIDQEL
CERTIFICATION _ MY CONI # CC38M ORRES
a June 27, IM
' ,,Ri iyd SOMMI TIM M FAIN INSURANCE, INC.
The undersigned duly qualified and acting Indian River County
Board of County Commissioner of Indian River County certifies that
the foregoing is a true and correct copy of a reso)Artion adopted at
a legally convened meeting of the Indian Rivo County Board of
County Commissioners held on September 19, 19X5.
Official Seal
---' - _..._.. -
I^C""s ,. ^n
_ Act.rc��ed
Admin.
Legai
Buager—
_1e4) - —
Risk MM
September 19, 1995
gnature
[Date Kenneth R. Macht
Chairman, Board of County
Commissioners of Indian
. River County
34 -
September 19, 199'5 -- -
Date
PUBLIC HEARING - SECTION 9 GRANT MATCH REQUEST
The Board reviewed a Memorandum of September 11, 1995:
TO: Board of County Commissioners -
FROM: Carolyn K. Eggert, County Commissioner
Chairman, Transportation Disadvantaged Local
Coordinating Board
Chairman, Economic Development Council
DATE: September 11, 1995
SUBJECT: Section 9 Grant Match Request
The Council on Aging, with .the approval of the' Transportation
Disadvantaged Local Coordinating Board and through the Economic
Development Strategic Plan, the Economic Development Council is
asking for a $15,000 D.O.T. Section 9 grant to fund an
inter -modal terminal at the airport for the Community Coach, and
$5,000 for additional signs throughout the community.
This is viewed as both a help to the residents of Indian River
County, an encouragement to economic development and to
maintaining airline service to Indian River County. The fare for
a trip is 50 cents for adults and 25 cents for children.
Employment is one of the priorities for transportation
disadvantaged also, and jobs are located in that area.
Please approve this request.
At the beginning of the previous companion item, Commissioner
Eggert advised that the $15,000 requested in her above memorandum
had been included already in the grant application and the $5,000
requested has been dropped for the present.
There was no need for action on this item since a portion of
it had been included in the previous item.
35
September 19, 1995
.-y
BOOK' 6 PAGE130
BOOK 96 FtArF 131
PUBLIC HEARING -ORDINANCE ESTABLISHING REGULATIONS
GOVERNING WHEELCHAIR SERVICES
The public hearing was advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being
a J
in the matter of
In the Court, was pub-
,)
ub
,)�
limed m said newspaperm the issues or r
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bgfors me this ---- / day o to
The Bard of NOTICERim -
C,amty GGmmpirsosvlbdre�esm ofco In�an
public h��rtyp� scheduled for Y9:05 am. on Tuesday,
September 19, 1995, to be held at the Indan Rives
Vero Floridar�rng
Bt, 1840 25th Street.
pjbk hearing will be for
8ne Pu�of_ distumv the fobw" proposed
RIM COUN-
uo REOULA-
.CHAIR SER -
ad � may appear at the meeting
aridto the proposes ori
nal . Caples of the proposed ordinanoe are av&
able for inspects m by Yle Rft dulls reel, t>�
fleas hart at the OrHce of the CbIk to the Bard of
BC" C.ortlmissi rues, 1840 25th Street, Vero
who may wish to any dedsfofi which
rtrey be made at ft mee tg wil need to ensure
Onet a verbatim record of the praceedhgs is made,
wtft
Is
raf
testiriy and evidence upon witbh
based
ON who
Disab Act may oa ntW the CouWs Americans
with (ADA) Coordinator at587.00.
ast
Ext. 408 at le48 hours in advar= of the meet -
Sept. 7. 1995 1231108
p� (Business Manager)
(SEAL) -
. 807
Commissioner Eggert reviewed her Memorandum of September 11,
1995:
TO: Board of County Commissioners
FROM: Carolyn K. Eggert, County Commissioner U
Chairman, Transportation Disadvantaged Local
Coordinating Board
DATE: September 11, 1995
SUBJECT: Ordinance of Indian River County, Florida, Establishing
Regulations Governing Wheelchair Services
After receiving numerous complaints involving wheelchair and
ambulance transportation, especially regarding Medicaid clients,
the Transportation Disadvantaged Local Coordinating Board (TDLCB)
discussed- solutions at its meeting of July 20, 1995. It was
determined that since Indian River County did not get any "trip"
credits for companies that come from Stuart, Orlando or Fort
Pierce when transports are made within the County, and since it
is improper for an ambulance to transport a -patient in a
wheelchair or walking that doesn't need special medical care, an
ordinance should be enacted.
36 -
September 19, 1995
Vr6Vlder6 of those services were invited to the July 20th
meeting, were sent a draft of the proposed ordinance, and were
invitert to the August 31st meeting and the September 19th Public
Hearing.
At the meeting of the TDLCB on August 31, 1995, the Board
unanimously voted to recommend to the County Commission that they
approve this ordinance.
Tom Fritz, Community Transportation Coordinator, is also
expecting a contract with Medicaid that will provide better
control within the County and protect local businesses.
RECOMMENDATION: That the Regulations Governing Wheelchair
Services be approved.
Commissioner Eggert pointed out and explained additional
language needed on page 79 of the backup (first page of addendum to
the ordinance).
Wheelchair Vehicle Service. "Wheelchair Vehicle Service" means
the transport of persons in a wheelchair vehicle when such
persons are not in need of medical care and are not likely to need
medical care; provided, however, said service shall not include the
Indian River County Volunteer Ambulance Squad.
Commissioner Eggert advised that this ordinance would not
affect current vehicles, which are essentially grandfathered, but
will allow more control for providers, especially those providing
services for Medicaid recipients.
As requested by Commissioner Bird, Commissioner Eggert
elaborated on prior problems with duplication of services and who
initiates calls for service.
Commissioner Bird needed further explanation of the process of
who contacts the provider.
Tom Fritz, transportation director for the Council on Aging,
explained that he is presently trying to get the coordinator system
in place in Vero Beach and Indian River County. Presently it is
not locally coordinated and if a local person has to go out of
county, they must call Palm Beach for approval for services. Local
transportation is provided by Council on Aging or they will refer.
He explained in detail the difficulties with other providers
soliciting patients, which leads to confusion. The difficulty for
the community in this process is that it negatively affects State
funding.
Commissioner Eggert explained the problem is in perception
because only emergency patients are to be transported by ambulance.
37
September 19, 1995
KOK 96 PAGE 1-2
BOOK . 96 Fnr;E 1.33
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Carol Bepler, an owner and operator of Able Transport out of
Sebastian, was concerned that the wording in the proposed ordinance
did not specify that only Medicaid patients would be coordinated by
the CTC.
Commissioner Eggert assured her that it would only be the
services paid for by Medicaid that would be controlled by the new
ordinance.
Vince McCann, Director of Veterans Services and representative
of the Veterans Council, needed clarification on transportation -
provided by the Veterans Services.
Commissioner Eggert felt it would not cause them any problem.
Commissioner Bird asked what process the veterans were having
to go through now, and Mr. McCann advised that their services were
free, they merely had to keep track of the services provided for
transportation disadvantaged funding that they receive.
Discussion followed and Mr. Fritz clarified that the Veterans
Services were under contract for the last three years and their
services would not change.
Mr. Fritz answered several questions concerning the
transportation services provided by the Veterans Services.
County Attorney Vitunac indicated that Veterans Services would
need to apply for a Certificate of Need. There was some discussion
about possible waiver of the fee for the Certificate but no
definitive recommendation.
Rick Lane, a volunteer with the Indian River County Volunteer
Ambulance Squad, expressed their support for the proposed
ordinance, as amended. He also felt they would be able to assist
the Veterans Services with the fee, if necessary.
Gary Burdsall, president of Able Aviation, Able Ambulance, and
Able Health Services, admitted prior ignorance of the regulations.
He stated that he has recently been educated by Mr. Fritz, and Able
has stopped transporting Medicaid patients in Indian River County.
Mr. Burdsall commended EMS Director Doug Wright and staff for
an excellent job in putting the four class certificates together
and proposing a fifth class, Class E. The model ordinances for
Indian River County are so well done that they are being looked at
for use in St. Lucie County to possibly alleviate some confusion
there.
38 -
September 19, 1995
Mr. Burdsall supported the ordinance, but had questions about
who would be providing services for wheelchair patients, not
ambulance, of those providers currently on rotation, if this
ordinance passes.
County Attorney Vitunac responded that there was a 10 -day
grace period built in, but if it was not enough time to get the
certificates to the providers, a later date should be picked.
Commissioner Eggert suggested a November 1st effective date,
and Emergency Services Director Doug Wright agreed from the
audience, to allow sufficient time to accomplish the paper work.
County Attorney Vitunac recommended the effective date be
changed to November 1, 1995.
Commissioner Eggert asked if applications could be sent to the
list of providers previously involved. She thought that those
under contract had already been listed.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
adopted Ordinance 95-22, as amended,
establishing regulations governing wheelchair
services to become effective November 1, 1995.
ORDINANCE 95-22
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING REGULATIONS
GOVERNING WHEELCHAIR SERVICES.
WHEREAS, it is in the public interest to regulate non -emergency
wheelchair transport services in Indian River County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
The title to Chapter 304 "Life Support Services" is amended to
read "Life Support and Wheelchair Services" and a new Part II is added
to said Chapter as set forth in Attachment "A" to this ordinance.
39 80011 l!V fr��JL1�34
September 19, 1995
BOOK 96 1.35
ORDINANCE 95-22
SECTION 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SF.f'!TTnN 2_ VVVWt-!TTVV nAPrW
This ordinance shall take effect November 1, 1995.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 19th day of September, 1995.
This ordinance was advertised in
the Vero Beach
Press -Journal
on
the 7th day of September, 1995, for a
public hearing
to be held on
the
19th day of September, 1995, at which time it was moved for adoption
by Commissioner Eggert, seconded by Commissioner Adams, and ' adopted
by the following vote:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John B. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 19 day of September 1995.
BOARD OF COUNTY COMMISSION
Attest: INDIAN RIVER COUNTY, FLORIDA
By
Jef K. Bar n, Clerk 4inLneth R. Macht, Chairman
'Ll,c�.•e����v�,l I� • C
Effective date: This ordinance shall become effective on November 1,
1995.
40 -
September 19, 1995
M M
ORDINANCE 95-22
Chapter 304
Life Support and Wheelchair Services.
Section 304.01. Title.
(remains the same)
Section 304.02. Authority and purpose.
Present paragraphs remain the same
New Paragraph is added to read as follows:
This chapter has the additional purpose of setting forth minimum
standards under which non -emergency wheelchair transport
services may be provided in Indian River County.
Section 304.03. Definitions. c
c 6
This section is amended by the addition of the definitions
concerning wheelchair vehicles in their proper alphabetical order
and the current definition of non -emergency medical transportation
service is amended as follows:
Non -emergency medical transportation service: means a vehicle
designed, constructed, reconstructed, or operated for.. the
transportation of persons with non -emergency medical conditions
where no medical assistance by the certificate holder is needed or
anticipated during transportation; or for persons who cannot
enter, occupy or exit a vehicle without considerable assistance; or
where specialized equipment is used for wheelchair or stretcher
service; and where the driver serves as both a driver and an
attendant to assist in door to door or bed to bed service. No
emergency equipment other than a fire extinguisher may be
installed in the vehicle. No wording or advertising may be used
to misrepresent the non-medical and non -emergency status of such
a service or vehicle.
Wheelchair vehicles: "Wheelchair vehicle" means any privately or
publicly owned land, air or water vehicle which is designed, -
constructed, reconstructed, maintained, equipped, or operated,
and is used for or intended to be used for transportation of a
person who is sitting in a wheelchair, and whose condition is such
that the person does not need and is not likely to need medical
attention during transport, and which has received a certificate of
Public Convenience and Necessity.
Wheelchair Vehicle Service. "Wheelchair Vehicle Service" means
the transport of persons in a wheelchair vehicle when such
persons are not in need of medical care and are not likely to need
medical care; provided, however, said service shall not include_ the
Indian River County Volunteer Ambulance Squad.
Part I. Life Support Services.
Section 304.04 - Section 304.12 (remains the same)
Part II. Wheelchair Vehicle Services.
Section 304.13.
Certificate required.
No person shall provide wheelchair vehicle service in Indian River
County without a certificate of public convenience and necessity
issued by the Board of County Commissioners.
Section 304.14. Certificate requirements.
The application, fees, investigation and other related procedures
and requirements of Part I of this Chapter shall apply with
necessary modifications to wheelchair vehicle services and shall be
designated class "E" certificate.
41
September 19, 1995
B00'K
96 PAGE 1:36
BOOK 96 PA, 137
ORDINANCE 95-22
Section 304.15. Wheelchair vehicle requirement.
(a) Each vehicle shall have a lift, operated electrically and/or
hydraulically, with 'sufficient capacity to safely and smoothly
facilitate the entrance of passengers into the vehicle and exit
from the vehicle or be so constructed to safely and smoothly
facilitate the entrance of passengers into the vehicle and exit
from the vehicle.
(b) Each vehicle shall have, for each passenger transported two
(2) positive means of securely latching or locking to the
vehicles the wheelchair in which a passenger will ride. The
latching device shall be designed to prevent any lateral,
longitudinal or vertical motion of the passenger conveyance
within the vehicle.
(c) Each vehicle shall have, for each passenger transported,
restraining belts or straps designed to securely confine
passengers to wheelchairs in which they are transported.
(d) Each vehicle shall have, in addition to the side vision
mirrors, an inside rear -vision mirror which will enable the
driver to view the passenger compartment, at the level at
which the passengers ride.
(e) Vehicle entry and exit doors shall be equipped with latching
devices sufficient to restrain individual passenger conveyance
within the passenger compartment of the vehicle.
(f) Each vehicle shall have a communication capability which may
be mobile two way radio, excluding C.B. radios , with all
normal accessories, and shall meet all standards and
requirements as specified by the F.C.C. or an answering
service operating 24 hours coupled with a pager system, or
an operating cellular phone.
(g) Each vehicle must have a minimum of fifty-six inches (56")
headroom from the finished floor to the finished ceiling in the
passenger compartment and a door opening of not less than
forty-eight inches (4811).
(h) The floor covering shall be seamless, one piece, permanently
applied material, which can be maintained in a safe, sanitary
and odor free manner, and shall extend the full length and
width of the passenger compartment. Where side panels and
covering meets at the joints and side walls, they shall be
sealed and bordered with rustproof, corrosion -resistant cove
moldings.
(i) Notwithstanding the above paragraphs, Americans with
Disabilities Act standards shall apply where appropriate.
Section 304.16. Record keeping.
Any agency providing transportation under Part II of this chapter
will be under contract with the Community Transportation
Coordinator. Said contract will set forth the specific record
keeping requirements.
All records shall be kept for a minimum of 5 years. Said records
shall be available for inspection by a representative of the County.
42 -
September 19, 1995
M M M
ORDINANCE 95-22
Section 304.17. Community Transportation Coordinator.
All services subject to Part II of this chapter and which are paid—
for in part or in whole with government funds shall be under
written contract with the community transportation coordinator and
shall be coordinated through the Indian River County Community
Transportation Coordinator.
Section 304.18.
This section will be the current Section 304.13.
PUBLIC DISCUSSION ITEM
DANNIE DECKER REGARDING COUNTY ANEVIAL TAGS
The Board reviewed a Memorandum of September 13, 1995:
TO: The Honorable Board of County Commissioners
THROUGH: Douglas Wright, Emergency Services Director`
James Chandler, County Administrator
FROM: Nancy Errett, Director
Animal Control Division "^-
DATE: September 13, 1995
SUBJECT: Response To August 25, 1995 Letter To The Board From Mr.
Dannie Decker
I have received a copy of the letter received on September 5, 1995
from Mr. Dannie Decker. Mr. Decker expresses concern over the
license fees charged for animals that have not been sterilized.
Currently, the Department of Emergency Services, Animal Control
Division charges two different animal license fees. A license fee
of $10.00 is charged to owners of non -sterilized animals and a fee
of $5.00 is charged to owners of sterilized animals.- This issue
has been brought to the Board several times in the past. The fee
charged to owners of non -sterilized animals was adopted by the
Board to offset costs incurred by the county because of the
uncontrolled increase in the animal population. The Florida
Legislature has also identified this growing problem and initiated
language in -Florida State Statute 823.15 which requires
sterilization of any animal adopted from any animal shelter.
Statistics by Animal Control and the Vero Beach Humane Society
indicate that the animal population continues to climb, increasing
the cost for care and shelter of animals. Pet owners who sterilize
their animals pay a reduced fee because their animal will not
contribute to the rising costs of abandoned animal care: Our
department,in conjunction with local, state and federal agencies,
has always encouraged animal sterilization as the most effective
means to eliminate abandoned animal issues. The sterilization
license fee is one way to encourage sterilization and economical
animal identification.
43
September 19, 1995
BOOK 96 Pa. E'1'JU
BOOK 96 PA E 139
Throughout Florida, counties utilize different fee methods for
animal licensing. Compared to other license fee schedules, Indian
River County has one of the lowest fee schedules for both non -
sterilized and sterilized animals. The $5.00 fee is designed to
cover administrative costs for registering the animal in the event
the dog is lost and to assure proper vaccination. The $10.00 fee
is designed to cover all of the same administrative costs plus
contribute to the care of abandoned animals which must be cared for
by Animal Control and the Vero Beach Humane Society.
While the Department of Emergency Services takes every inquiry by
the public very seriously, I feel this letter may be an attempt by
Mr. Decker to explain his reasoning for not complying with county
Animal Control Ordinances. On August 25, 1995, Mr. Decker was
cited by Animal Control for failure to renew licenses on two of his
dogs, one of which, named "MooDoo" has prior been declared vicious
and for which he has also received a citation which is pending
resolution. -
Staff recommends that current animal licensing fees remain
unchanged in order to provide the most economical means to care for
abandoned animals while creating a minimal economic impact to pet
owners.
Dannie Decker, 2745 53rd Avenue, Vero Beach, apologized for
offending any Commissioner during his last appearance before the
Board. He -reviewed the points in his letter of August 25, 1995:
% 75-4P2-- "x"o
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SEP 1995
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44 -
September 19, 1995
M
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Mr. Decker requested that the code be rewritten to be $10 for
all animals whether sterilized or not claiming the code was not
constitutional because it takes away his freedom of choice.
Commissioner Adams understood his complaint, but felt his case
was weak. She said the additional fee per non -sterilized animal is
to cover the additional costs brought about by those animals.
Chairman Macht offered to have County Attorney Vitunac speak
to the constitutionality issue, but Mr. Decker was not interested
in hearing an explanation.
Commissioner Bird explained the County was not taking away his
freedom of choice, but it was his choice. The basis of the law was
to try to encourage people to have their pets sterilized if they
don't intend to use their pets for breeding purposes.
Mr. Decker remained unconvinced.
No action required or taken.
45 BOOK 96 PAGE 140
September 19, 1995
BOOK
UTILITY BILL PAYING - STATUS REPORT
The Board reviewed Memoranda of September 12, 1995:
96 PAu 141
DATE: SEPTEMBER 12, 1995
Sp
TO: KENNETH R. MACHT `v 4i 9S
CHAIRMAN, BOARD OF COUNTY MMISSIONERS M 0�` �
FROM: TEFIWCE G. PINT
DIRECTOR OF UTI ITi�J3
9�SZbZ�2
SUBJECT: UTILITY PAYMENTS
I was forwarded a letter from your office received from a resident
concerned about the alternative being considered for payment of utility
fees. Unfortunately, many of our residents have been misinformed that
the County is considering adding an addition to this building for the
purpose of payment of utility bills. Actually the addition to this
building has little to do with our utility payment problem.
As I believe, you are aware the Utilities Department is looking into
the following alternatives:
1. First Union Bank will accept payment for utility payments at all
of the Indian River County bank locations.
2. Citrus Bank is still negotiating with us to do the same.
3. We are in the process of making necessary changes to our
accounting system to handle automatic bank transfer payments from
any bank after proper -signed authorization from customers.
4. We are investigating the possibility of direct automatic charge to
any credit card account, authorized by the customer.
5. We will issue new bills with addressed return envelopes.
6. We are discussing with the post office the possibility of post-paid
envelopes with postage only charged to the utility when they are
mailed.
7. We are investigating the possibility of payment via any on-line
computer service.
8. The only problem we have not resolved is providing adequate access
to the building for those customers who must enter the building
for the purpose of filling out applications or resolving any
customer service problems. This area is handled by our Building
and Grounds Department.
We are confident that we will have the concerns related to manual
payment of bills resolved by the. end of this year at the latest. If
there is any other information I can provide, please call.
'rGP/c
Attachments
46 -
September 19, 1995
DATE: SEPTEMBER 12,1995
TO: TERRANCE G. P '
DIRECTOR OF UTILITY ER
THRU: HARRY E. ASHER
ASSISTANT DIRE OR OF UTILITY SERVICES
FROM: MARY BLUMSTEIN
ACCOUNTING CLERICAL SUPERVISOR,
SUBJECT: UPDATE ON OPTIONAL PAYMENT LOCATIONS
We have met with the representatives from First Union regarding acceptance of Utility payments
at all of their branches in the County. Payments that match the amount due on the Utility stub
will be accepted.
There will be a designated person in each branch responsible for receiving Utility payments and
ensuring proper credit to our bank account daily. The original deposit slip will accompany the
deposit and the duplicate will be picked up by the courier by 3:30 p.m. daily for positing to the
customers' accounts.
Sample coupons were sent to First Union for testing to establish the lock box. Testing and
programming will #ake up to 65 days.
We are continuing to pursue additional payment sites with Citrus bank as well as payment types,
i.e. credit cards and automatic payment from customers' bank accounts.
Administrator Chandler advised that staff has been working
with First Union and was getting down to the final details and
should be able to implement the program shortly.
Concerning the additional parking on the north side of the
Administration Building, Administrator Chandler advised that they
have again approached City staff, but have not yet received a final
answer from them. Based on discussion, however, he is optimistic
that it might be able to be resolved this time. He indicated there
may be some strings attached, but it appeared that progress was
being made.
Commissioner Eggert received assurance from Administrator
Chandler that additional parking was not being requested for any
side other than the north side of the building.
Commissioner Bird was concerned about the term "designated
person" in the pending agreement with First Union, and Utility
Services Director Terry Pinto clarified that there would a
coordinator at each branch.
Commissioner Bird felt it was important to look into and make
available as soon as possible the ability to receive automatic
47
September 19, 1995
BOOK 96 rnF142
BOOK 96 PA,HJ43
payments from customer's bank accounts (electronic fund transfers).
He understood it was THE thing of the future.
Director Pinto indicated there were two important parts of
that, one is the automatic deduction from a bank account and the
other is the check card, which takes the payment directly out of
their checking account when the customer comes in. Staff is
working on both of those methods.
Commissioner Bird asked for another report at the next
meeting.
LOCAL HOUSING ASSISTANCE PLAN AMENDED -
Community Development Director Bob Keating reviewed a
Memorandum of September 12, 1995 and the proposed changes:
TO: James E. Chandler
County Administrator
D ION HEAD CONCURRENCE:
Obert X. Re i , IC
Community Devel pmen irector
FROM: Sasan Rohani, AICP 5:4-
Chief, Long -Range Planning
DATE: September 12, 1995
RE: CONSIDERATION OF PROPOSED AMENDMENTS TO THE INDIAN RIVER
COUNTY LOCAL HOUSING ASSISTANCE PLAN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of September 19, 1995.
DESCRIPTION AND CONDITIONS
a Background .
On April 5, 1994, the Board of County Commissioners adopted
resolution #94-48, which approved the Indian River County Local
Housing Assistance Plan for FY 94-95, FY 95-96, and FY 96-97. By
approving this plan, the Board ensured that Indian River County
would be eligible to receive SHIP funds for the next three fiscal
years. For the first three fiscal years of the program, the, county
received $250,000.00 per year in SHIP funds. That amount will
increase to $565,773.00 in FY 95=9'6.
On August 29, 1994, the Florida Housing Finance Agency approved the
county's revised plan and authorized the disbursement of SHIP funds
until June, 1997. That plan may be intended, ee meeded, but need
not be amended until the plan expires in 1997.
48 -
September 19, 1995
� a �
M ® M
Although the county's original approved plan addressed all state
reemirements.-.some_ooncerns were raised last year by the county's
Affordable Housing Advisory Committee (AHAC). Specifically, the
AHAC _ questioned whether the county's original program was
structured to provide assistance" only to recipients needing
assistance and then only in the minimum amount necessary.
On October 13, 1994, the Affordable Housing Advisory Committee
(AHAC) reviewed a staff prepared analysis regarding the above
referenced concern. At that time, AHAC directed staff to
coordinate with the SHIP lenders committee (Affordable Housing
Partnership Committee) and prepare specific local housing plan
revisions to address the above concerns.
The SHIP lenders committee (Affordable Housing Partnership
Committee) is composed of representatives from financial
institutions, non-profit organizations, builders /contractors real
estate agents, and county staff. Because of its members' knowledge
of and expertise with the housing industry, the SHIP lenders
committee has functioned as an advisory committee to both AHAC and
staff. In developing its recommendations, lenders considered
AHAC's objective of ensuring that SHIP funds be provided only to
those households having need. The lenders committee findings,
recommendations, and proposed local housing assistance plan
amendments were provided to AHAC at its February, 1995 meeting.
On February 9, 1995, the Affordable Housing Advisory Committee
reviewed the proposed amendments to the Indian River County Local
Housing Assistance Plan, made some changes, and recommended that
the Board of County Commissioners approve the proposed amendments
to the plan.
On February 28, 1995, the Board of County Commissioners approved
the revised Local Housing Assistance Plan. The revised plan set
several new requirements applicable to SHIP downpayment/closing
cost loans.
• Concerns
As revised and approved, the Local Housing Assistance Plan now
requires that SHIP applicants meet several income ratios. These
ratios are as follows:
• Housing costs, including mortgage, interest, taxes, and
insurance, shall not exceed 30% of an applicant's monthly
household income.
• An applicant's housing cost to income ratio shall not be
lower than 28%, unless a lower ratio is needed to ensure
that,the total debt to income ratio does not exceed 41%.
After applying these new ratios to a number of SHIP applicants,
lenders realized that the requirement for an applicant's housing
cost to income ratio being a minimum of 28% poses problems and
effectively eliminates many eligible applicants from the SHIP
program.
Consequently, the lenders committee, at their July and August, 1995
meetings, reviewed these new requirements and recommended that the
28% minimum housing cost to income ratio be reduced. In addition,
the lenders committee recommended that the new home inspection
requirements be clarified.
49
September 19, 1995
BOOK 96 PA(;F 144
BOOK 96 u. E 145
ANALYSIS
With its recent Local Housing Assistance Plan revisions,. the
Board's intent was to ensure that SHIP assisted households do not
pay an excessive amount of their income for housing, hence the
requirement that SHIP applicants' housing cost to income ratio not
exceed 30%. At the same time, the Board wanted to ensure that SHIP
households pay an adequate amount of their housing cost and not
receive unnecessary assistance. For this reason the 28% minimum
housing cost to income ratio was instituted.
Based on experience, local lenders have determined that a housing
cost to income ratio range of 28% (minimum) to 30% (maximum) is too
restrictive. Lenders have also determined that a lower housing
cost to income ratio is necessary to qualify some SHIP applicants.
In fact, lenders have determined that the 28% minimum ratio could
have the unintended effect of encouraging SHIP applicants to
purchase amore expensive home than they want or need in order to _
increase their housing cost to income ratio to be within the 28% to
30% range.
Both staff and the lenders committee feel that, even without the
cost/income ratio requirements, the Local Housing Assistance Plan
has sufficient safeguards to ensure that SHIP funds will go only to
those needing assistance. Among these other provisions are a
maximum housing cost of $77,150, a limitation on moderate income
household eligibility, and asset limitations. For those reasons,
staff and lenders feel that the minimum housing cost to income
ratio can -be lowered to 20%. Not only will this provide lenders
more flexibility in qualifying SHIP applicants; it will also ensure
that SHIP applicants spend at least 1/5 of their income on housing
expenses.
When the Local Housing Assistance Plan was revised to incorporate
the cost/income ratios, the plan was also amended to incorporate a
provision for required inspections for homes to be purchased with
SHIP funds. Because this amendment was made at the Affordable
Housing Advisory Committee meeting, the home inspection
requirement lack specificity.
Since then, staff has considered how to implement this requirement.
In coordinating with local lenders, staff determined that lenders
currently use the appraisal report prepared in conjunction with a
mortgage application as an indication of structural conditions.
Since most SHIP loans are provided to applicants who are also
getting a mortgage from- a financial institution, staff has
determined and lenders agree that the SHIP home inspection
requirement can be met by relying on lenders for those SHIP
applicants obtaining a principal mortgage from a financial
institution. For other SHIP applicants, staff has developed
criteria for evaluating and applying SHIP inspection results. All
of these changes have been drafted and are attached as proposed
Local Housing Assistance Plan amendments.
ALTERNATIVES
With respect to the recommendations outlined above, the Board of
County Commissioners has three alternatives. These are:
c To adopt the recommendations as outlined in attachment 1
c To adopt the recommendations with changes
C `To reject the recommendations
Staff and -the SHIP leers committee import the first alternat4ve - -
50 -
September 19, 1995
M
M
M
Since the county has begun to accept applications for the FY 95-96
SHIP funding cycle, revisions to the Local Housing Assistance Plan
must be processed as soon as possible. For that reason, these
proposed plan amendments were not reviewed by the Affordable
Housing Advisory Committee which is not scheduled to meet again
until November 1995. These revisions, however, have been reviewed
by and are supported by the county's lenders committee, the
principal advisory group to the SHIP program.
RECOMMENDATION
Staff and the SHIP lenders committee recommend that the Board of
County Commissioners adopt the attached proposed amendments to the
_ Indian River County Local Housing Assistance Plan and direct staff
to submit the amended plan to the Florida Housing Finance Agency
for their review and approval.
Attachments
1. Proposed revisions to the Indian River County Local Housing
Assistance Plan (deletions are shown as and additions
are shown as underlined. Revisions are depicted on pages 21,
41, and 42.
A copy of only revised pages of the plan are attached. The
entire plan is on file in the Board of County Commissioners
office.
3. The resolution adopting the Indian River County Local Housing
Assistance Plan.
51 BOOK 96 FnCE 146
September 19, 1995
_I
BOOK 964 PAGE 147
housing unit to the eligible person is completed.
Downpayment/closing cost loans shall not be provided for
the acquisition of housing units requiring rehabilitation
prior to approval for occupancy by residents unless the
rehabilitation loan is provided through SHIP funds in
conjunction with the downpayment/closing costs loan.
As structured, the LHAProgram does not require an
applicant to provide a minimum monetary contribution
towards the downpayment or closing costs. This
LHAProgram policy, however, does not exempt an applicant
from a financial institution's minimum monetary
contribution requirement, if applicable. _
For purchase of a house financed by the owner, the
applicant, as part of the loan application process, will
be required to pay for a credit report.
SHIP funds shall not be provided to any household where
that household's projected monthly housing cost,
including mortgage principal, interest, taxes, and
insurance, will exceed 30% of the household's gross
income, or where the household's total debt will exceed
41% of the household's gross income. These requirements
apply to all income categories. No SHIP funds will be
provided to households for downpayment/closing costs when
the household's housing cost to income ratio will be
lower than M 20%, unless a housing cost to income ratio
lower than 20% is needed to ensure that the
household's total debt to income ratio will not exceed
41%. In cases where a household's housing cost to income
ratio is to 'be less than ® 20%, the financial
institution providing the first mortgage shall provide
sufficient proof to the county that the additional
downpayment is needed to ensure that the household's
total debt to income ratio will not exceed 41%. For
very low income applicants, the Loan Review Committee may
reduce the housing cost to income ratio to less than 20%
if circumstances warrant such a reduction. For the
moderate income group only, SHIP downpayment/closing cost
funds shall not be provided to any household where that
household's bank loan to value ratio will fall below 90%.
Housing units which are to be constructed and acquired by
eligible persons or housing unit constructed as new units
or substantially rehabilitated within one (1) calendar
year prior to the closing transaction to acquire that
housing unit, or existing housing units to be acquired
with combined SHIP purchase and rehabilitation funds
shall be classified as constructed, rehabilitated, or
repaired units as listed Section III.A.4.a.
21
5 2 -
Se tember 19, 1995
M ® M
No 90 day late payments _
- No more than 2 collections
- No Collection or combination of collections
more than $500.00
Judgment liens for medical expenses may be
acceptable if a repayment .plan is established and
payments have been made for at least the previous
12 months.
Regardless of an applicant's credit history for the
previous 12 months, an applicant's credit will NOT
be considered satisfactory if. the applicant's
credit history shows:
- Any charge offs that were not subsequently
paid or discharged in a bankruptcy
- Active judgments against the applicant
- Repossessions with a remaining balance payable
by the applicant
- Bankruptcies that have not been fully
discharged for two years with no new negative
credit history
Applicants for rehabilitation loans will be deemed
to have satisfactory credit if the applicable
credit report shows that there is no active charge
off or judgement against the applicant.
f. Homebuyer Status
Eligible persons utilizing assistance from the
IRCLHAProgram to purchase a new or existing housing
unit shall not have owned or held title to a
housing unit anytime within the three (3) year
period prior to receiving any application approval
for participation in the IRCLHAProgram.
g. Home Inspection
For applicants applying for both SHIP funds and a
loan from a financial institution, the applicable
financial institution shall, based on its appraisal
report and/or internal policy, determine what type
of home inspection is needed. The financial
institution shall arrange for the inspections
through their established procedures and shall be
responsible for all approval contingencies.
For all other applicants, the ® county shall
41
53 80,0K 96 FnF 1:48
September 19, 1995
I
BOOK 96 PAGE 149
require a termite inspection for all existing
housing units to be purchased with SHIP funds. The
county shall also require the following inspections
for all existing units five years or older to be
purchased with SHIP funds:
- Roof
- Plumbing system
- Electrical system
- Heating and Air conditioning system
All county required inspections must be performed
by public service licensed inspectors; registered
or certified residential, building, or general
contractors; or licensed trade contractors as
appropriate. Home inspection reports requested by
the county shall be reviewed by the county's
buildinq officials to determine the condition of
the home.
Based on the results of the home inspection review
by the bank or the county, one of the following
three actions will be taken:
If the home is in good condition, the
downpayment/closing cost loan application will
be submitted to the loan review committee for
approval;
- If the home needs some rehabilitation work and
if the applicant is eligible to receive a
combination downpayment/closing cost and
rehabilitation loan, a combined downpayment/
closing cost and rehabilitation application
will be submitted to the loan review committee
for approval; or
If the home is in excessive disrepair and
cannot be fixed, the loan application will not
be approved.
Home inspection charges are considered to be
eligible downpayment/closing_ cost expenses and
payable through SHIP funds. In cases where the
county requests a home inspection, but due to the
condition of the home a downpayment/closing cost
loan cannot be approved, the cost of the home
inspection will be paid through the administration
portion of SHIP funds.
September 19, 1995
M
42
54-
September
4
M
M
Commissioner Eggert indicated that the Loan Review Committee
members are aware of the problems and credited the committee and
staff.
Chairman Macht asked the default ratio, and Director Keating
advised that there were no defaults on this program.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the, Board, unanimously
adopted Resolution 95-120 amending the Indian
River County Local Housing Assistance Plan, as
recommended by staff.
RESOLUTION NO 95- 120
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE INDIAN RIVER COUNTY LOCAL
HOUSING ASSISTANCE PLAN
WHEREAS, on April 5, 1994, the Board of County Commissioners
adopted the revised Indian River County Local Housing Assistance
Plan; and
WHEREAS, on August 29, 1994, the Florida Housing Finance
Agency approved the county's revised plan; and
WHEREAS, the county's Local Housing Assistance Plan may be
amended, as needed, but need not be amended until the plan expires
in 1997; and
WHEREAS, on February 9, 1995, the Affordable Housing Advisory
Committee recommended that the Board amend the Local Housing
Assistance Plan to ensure that only applicants who really need
assistance receive SHIP funds and then only in the minimum amount
necessary; and
WHEREAS, on February 28, 1995, the Board of County
Commissioners amended the Local Housing Assistance Plan and
approved new set of requirements; and
WHEREAS, financial institutions participating in the Local
Housing Assistance Program identified some minor problems with some
of the fiew requirements; and
55
September 19, 1995
BOOK 96 PAGE 150
r
BOOK 96 PAGE 151
RESOLUTION 95-120
WHEREAS, on September 19, 1995, the Board of County
Commissioners considered the amendment to the Local Housing
Assistance Plan;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
Section 1.
The above recitals are ratified in their entirety
Section 2.
The attached amended Indian River County Local Housing
Assistance Plan is hereby approved by the Board of County
Commissioners
Section 3.
The Board of County Commissioners directs staff to submit a
copy of the amended Indian River County Local Housing
Assistance Plan to the Florida Housing Finance Agency by
certified mail.
The foregoing resolution
was offered
by
Commissioner Eggert ,
and seconded by Commissioner
Bird ,
and
being put to a vote,
the vote was as follows:
Chairman, Kenneth R. Macht Le
Vice Chairman, Fran B. Adams ALe
Commissioner, Richard N. Bird A e
Commissioner, Carolyn K. Eggert �e
Commissioner, John W. Tippin &ye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September, 1995.
Board of County Commissioners
of India Liver County
By.
Kenneth R. Macht, Chairman
Attest by:
., APPROVED AS TO 80RN AND LEGAL 9VFiICIENCY
�
Jeffrey K. Bar `� `
Ni111M G. Collins, I1
Clerk = Deputy County Atto=ey - — -
56
September 19, 1995
- M M
NEW HOPE MINISTRIES - BUFFERS MODIFIED
The Board reviewed a Memorandum of September 11, 1995:
TO: James E. Chandler
County Administrator
DIS N HEAD CONCURRENCE:
Robert Keating,ICP
Community Deevelopme t Di ctor
THROUGH: Stan Boling�;,lICP
Planning Director /
FROM: John W. McCoy, AICP o\
Senior Planner, Current Development
DATE: September 11, 1995
SUBJECT: New Hope Ministries Request to Modify Buffers
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of September 19, 1995.
DESCRIPTION AND CONDITIONS:
At its April 4, 1995 meeting, the Board of County Commissioners
granted conditional special exception use approval to New Hope
Ministries for a private school and place of worship. The subject
property is located on the south side of Cemetery Road
approximately 1,800' west of Old Dixie Highway. The Winter Beach
Cemetery is adjacent to the site on the south and west sides of the
subject site (see attachment #2).
At the time the application was approved, the LDRs required a Type
"C" buffer to be constructed between the proposed school and church
facilities and abutting residentially zoned property, which
includes the Winter Beach Cemetery property. Although the
submitted site plan did not depict such buffers, the project site
plan application was approved with the following condition:
"The applicant shall revise the site plan to depict the
Type "C" buffer along the south. and west property lines.
In the future, the approved site plan and buffers may be
modified in accordance with the approved LDR buffer
modifications."
Subsequent to the conditional special exception approval, the Board
of County Commissioners approved an LDR amendment which gives the
Board the authority to waive the Type C buffer requirement.
The applicant is now requesting that the Board of County
Commissioners modify the special exception approval to waive the
Type "C" buffer requirement along the south and west sides of the
project, where the site is adjacent to the Winter Beach Cemetery.
The Board of County Commissioners has the ability to waive the
requirement, retain the requirement, or modify the requirement to
a lesser requirement.
57
September 19, 1995
BOOK 96 PAGE 152
BOOK 96 PACE 153
ANALYSIS:
At its May 31, 1995 meeting the Board of County Commissioners
adopted revised LDRs, which allow the buffer requirements to be
waived or reduced where a school or place of worship is proposed
next to an existing cemetery, place of worship, child care
facility, community center or school (see attachment #4). The
amended LDRs allow the Board to reduce or waive the Type "C" buffer
requirement after considering the need for the buffer to mitigate
security, noise, and visual impacts.
The proposed school will serve approximately 35 students from
grades 1 through 12. The proposed church will accommodate 300
people at buildout. On its south side, the subject site shares
360' of common border with the Winter Beach Cemetery. A dirt road
runs along the site's west property line (2901) and connects
Cemetery Road to 69th Street. Immediately west of this road is
another portion of the Winter Beach Cemetery.
In reviewing this request to waive the Type "C" buffer requirement,
staff gave consideration to security, noise, and visual impacts of
the project on the cemetery. In staff's opinion, the noise and
visual impacts of the school and church on the cemetery should not
be significant. All of the uses are institutional and involve
significant open space, and outdoor activities involving the church
or the school would be limited to certain times of the day.
However, staff believes that there could be security impacts from
the proposed school, since cemeteries can be attractions for school
age children. To help ensure that school children would not wander
onto or explore the cemetery, it is staff's opinion that a fence,
a minimum height of 4' , be constructed along the south and west
property lines of the project site. Such fencing would be'a clear
line of demarcation for the children and would provide a deterrent
to entering the cemetery grounds from the school site.
Therefore, it is staff's opinion that the Type "C" buffer could be
justifiably waived with a condition that a fence at least 4' high
be installed along the project's south and west property
boundaries. All other normal site plan landscaping requirements
would continue to apply, which would include the following
landscaping improvements along the project perimeters:
North: 10' landscape strip with hedge and 1 tree per 30'
South: 1 tree per 40'
East: Type "C" buffer
West: 1 tree per 40' plus a hedge where parking lot area is
adjacent to property line.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners waive the Type "C" buffer requirement subject
to the condition that along the site's south and west boundaries a
fence at least 4' in height shall be provided prior to issuance of
a Certificate of Occupancy (C.O.) for the school.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
approved staff's recommendation as set out in
the Memorandum.
58 -
September 19, 1995
_I
FY 95/96 HAZARDOUS MATERIALS EMERGENCY PLA►�e1NING
APPROVED
The Board reviewed a Memorandum of September 8, 1995:
TO: Board of County Commissioners
THROUGH: Doug g Wri ht� Director
Department of Emergency Services
FROM: John Ring, Emergency Management CoordinatorS�
Division of Emergency Management
DATE: September 8, 1995
SUBJECT: Approval of FY 95/96 Hazardous Materials Emergency
Planning Agreement; Purchase of Capital/Operating
Equipment with Non -Matching Grant Funds; and Budget
Amendment
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the meeting scheduled for September 19, 1995.
DESCRIPTION AND CONDITIONS:
On October 17, 1986, the Superfund Amendments and Re -authorization
Act of 1986 ( SARA) was enacted into law. Title III of the SARA
legislation established requirements for federal, state, and local
governments as well as industry regarding emergency planning and
reporting on hazardous/toxic chemicals. Subsequently, Indian River
County developed a Hazardous Materials Emergency Plan which was
endorsed by the Department of Community Affairs and then approved
by the Board of County Commissioners. It has since been updated
biennually, with the most recent approval by the Board on January
10, 1995, in Resolution 95-10.
Recognizing the threat that hazardous materials pose to both the
population and the environment, the State Legislature has extended
grant funds to update Indian River County's Hazardous Materials
Emergency Plan. The Department of Community Affairs, -Division of
Emergency Management, has appropriated non-matching grant funds in
the amount of $11,463 for maintenance of existing sites and
inclusion of facilities that have not reported previously. This is
a fixed fee, performance-based contract with payment contingent
upon a fixed schedule of deliverables.
Staff has received a request from the Florida Department of
Community Affairs' Community Program Administrator Leo Lechat, who
strongly recommends that the grant funds be placed in a separate
account for audit purposes. The grant funds are planned for
utilization consistent with prior agreements and are as follows:
59
September 19, 1995
BOOK 96 F1.GdM
,
BOOK 96 FAG? 155
ACCOUNT NO.
ACCOUNT DESCRIPTION
AMOUNT
034.72
Outside Printing
$2,200
035.12
Software
900
035.29
Other Operating Supplies
3,613
035.45
Books
450
066.41
Other Furn. & Equip.(scanner,
laser printer)
2,300
066.49
Other Mach. & Equip. (chemical
test kits)
2,000
TOTS+
1 1
$11, 463
The.specific items intended for purchase are detailed on the list
attached to this agenda item.
ALTERNATIVES AND ANALYSIS:
The Hazardous Materials Emergency Plan includes site-specific -
information on each known facility that contains threshold levels
of chemicals identified in the legislation. Each site must be
visited by staff for completion and determination of an analysis
related to hazards and vulnerability including information that
could adversely affect the surrounding area or an emergency
responder at the respective site. Evacuation routes must be
determined as well as calculations related to the extent of plume
exposures that could exist should a spill or release occur based on
known substances.
Once completed, the Hazardous Materials Emergency Plan will be
distributed to the various emergency responders in the County.
Staff recognizes that this is a very. useful and important document
to emergency response personnel in that some knowledge of the
chemicals at a specific site will be available prior to arriving at
the known location.
RECOM ENDATION:
Staff recommends approval of the FY -95/96 Hazardous Materials
Emergency Planning Agreement and requests the Board of County
Commissioners authorize the Chairman to execute the appropriate
documents to secure the non-matching grant funds of $11,463;
approve the purchase of the capital/operating equipment identified
on the attachment; and authorize the necessary budget amendment
establishing a separate fund account to receive and expend the
funds.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved the FY 95-/96 Hazardous Materials
Emergency Planning Agreement and authorized
the Chairman to execute the appropriate
documents to secure the non-matching grant
funds in the amount of $11,463; approved
purchase of the capital/ operating equipment
identified; and approved the requested budget
amendment, as recommended in the memorandum.
AGREEMENT PLACED ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
September 19, 1995
ANMAL CONTROL OFFICER T. D. HAND AUTHORIZED TO ISSUE
CITATIONS
The Board reviewed a Memorandum of September 12, 1995:
TO: Honorable Board of County Commissioners
THROUGH: James Chandler
County Administrator `-.�
FROM: Doug Wright, Director IA's
Department of Emergency Services
DATE: September 12, 1995
SUBJECT: Authorization for Animal Control Officer T. Daniel Hand
to Issue Violation Citations and Approval of Resolution
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On September 1, 1995, Animal Control Officer T. Daniel Hand
successfully completed the Florida Animal Control Officer Training
Program approved by the Florida Animal Control Association (FACA).
Pursuant to Chapter 302 of the Indian River County Code entitled
Animal Control and Kennel Regulations, specifically Section 302.06,
and Chapter 828.27, Florida Statutes, the above referenced employee
is hereby recommended for appointment and approval. to issue
citations for animal control violations.
ALTERNATIVES AND ANALYSIS
Approval of this recommendation will provide the Animal Control
Authority with another officer with regulatory powers to assist in
enforcing the Indian River County Code relating to animal control.
Staff has received verification from Susan Olin, Instructor at
_ Valencia Community College, that Animal Control Officer T. Daniel
Hand has successfully completed the certification course.
RECOMMENDATION
Staff recommends the Board approve the attached resolution and
authorization for Animal Control Officer T. Daniel Hand to issue
citations for violations of the Indian River County Code.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
adopted Resolution 95-121 authorizing Animal
Control Officer Thomas Daniel Hand to issue
citations.
61
September 19, 1995
BOOK 96 PAGE 156
Fr_ -1
R
Boa 96 PAGE 157
RESOLUTION NO. 95-121
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING ANIMAL CONTROL
OFFICER THOMAS DANIEL HAND TO ISSUE
CITATIONS.
WHEREAS, Section 828.27, Florida Statutes, allows County Animal
Control Officers under certain conditions to issue citations related to animal
control ordinances if the officer successfully completes a 40 -hour minimum
standards training course; and
WHEREAS, Animal Control Officer Thomas Daniel Hand has completed
such a course at the Valencia Community College on September 1, 1994, and
is therefore qualified under Section 828.27, F.S. ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Animal Control
Officer Thomas Daniel
Hand
is hereby authorized to
issue
animal
control
citations, pursuant to
Section
828.27, Florida Statutes,
and
Chapter
302 of
the Indian River County Code.
The resolution was moved for adoption by Commissioner Eg q e r t
and the motion was seconded by Commissioner Adams , and, upon
being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September, 1995.
Attest:
BOARD OF COUNTY COMMISSIONERS
INDIAN R ER COUNTY, FLORIDA
62 -
September 19, 1995
Chairman
Intsn Am Ca
Approved -Date
Admin
a I el'(..
Legal
r3
Budget
Dent
Risk Mgr.
"PUBLIC SAFETY DAY" GOLF OUTING - .10HN'S ISLAND CLUB
The Board reviewed a Memorandum of September 12, 1995:
TO: Honorable Board of County Commissioners -
THROUGH: Jim Chandler, County Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: September 12, 1995
SUBJECT: Invitation From John's Island Club For.Staff To
Attend "Public Safety Day" Golf Outing
Since 1990, John's Island Club has sponsored a "Public Safety Day"
golf outing at one of the three courses operated"'by.John.'s Island.
The inaugural tournament was proposed as an expression of
appreciation for the assistance in suppressing a fire at the John's
Island West Clubhouse. Since the inaugural tournamefit, the
invitations have been extended to include all county and municipal
public safety agencies which includes firefighters, paramed* cs, law
enforcement officers, dispatchers, and administrative staff.
A letter has been received from Mr. J. Trevor Wright inviting all
Emergency Services staff to attend and participate in the annual
"Public Safety Day" event. The event is scheduled for September
24, 1995, at 9:OOAM.
Last year Emergency Services staff did not participate in the event
inasmuch as a conflict existed with Chapter 104 of the Indian River
County Code of Ordinances and Laws. In January, 1995, the Board
approved revisions to Chapter 104 which allows for Commission
approval of such events on a case by case basis. Section 104.06
(5)(b)(8) states "The prohibitions enumerated in paragraph (a) and
(c) of this section do not apply in the situations enumerated
below: . . Local outings offered to all county employees or with
prior approval of the Board of County Commissioners, units -of
county employees."
Staff respectfully requests favorable consideration by the Board of
this invitation for Emergency Services staff to participate in the
golf outing based on the revision to the Ordinance cited above.
MOTION WAS MADE by Commissioner Bird, SECONDED
BY Commissioner Eggert, to approve the
request.
Under discussion, Chairman Macht commented that he had been
invited, and did not plan to attend. He felt it was an emolument
to a few and that it flies in the face of our ethics ordinance.
Commissioner Bird advised they have to limit the numbers
because they cannot physically accommodate everyone.
Commissioner Adams believed it was not fair and thought all
employees should be invited.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried 3-2 (Chairman Macht and
Commissioner Adams opposed).
63
September 19, 1995
BOOK, 96 PAGE 158
BOOK 96 PAGE 159
ROSELAND COAMNITY CENTER
The Board reviewed a Memorandum of September 11, 1995:
TO: James Chandler
County Administrator
THRU: H.T. "Sonny" Dean, Director
Department of General Services
FROM: Lynn Williams, Superintendent
Buildings & Grounds �--�
DATE: September 11, 1995
SUBJECT: Roseland Community Center
AGENDA
DESCRIPTION AND CONDITIONS:
At the Board of County Commissioners Meeting of June 6, 1995,
the Board approved spending not more than nineteen thousand eight
hundred and fifty dollars ($19,850) to perform improvements at the
Roseland Community Center. The improvements included replacement
of windows, installation of central air conditioning, upgrade to
the electrical service, insulation and roof replacement. Also
included were improvements to bring the facility into compliance
with the 1990 Americans with Disabilities Act (ADA).
The work was proposed to be a combination of contracted and
in-house labor. The air conditioning, roofing and insulation are
to be contract services.
Staff began work immediately after funding was authorized.
Selective demolition required to ascertain window replacement was
started in the northern portion of the building. Termite and water
damage was substantial and required re -construction of the rear
wall of the building.
The interior restroom was enlarged to meet ADA standards.
However, the fixtures have not teen installed.
Window sizes were established and ordered. Removal of the
front porch was completed after close inspection showed damage
beyond what would allow practical re -construction.
Staff began removal of the front door in order to enlarge the
width for ADA standards. Extensive termite damage was discovered
in the south and east walls of the structure. Work was halted to
allow evaluation of the structure -by an Architect/Engineer.
Staff felt the damage and the resulting work required was
beyond the original scope of work and further that a professional
Architect/Engineer should detail the needed repairs and the proper
method of safe re -construction.
During the Architect/Engineer evaluation provided by Donadio
and Associates, (at no cost) staff was required to review the flood
elevation, obtain the assessable tax value of the structure and
review with Planning, the Land Development Regulation pertaining to
re -building damaged structures. Upon completion of Donadio's
evaluation, staff met with Building Officials and Planning Staff to
establish final requirements for the repair work. The following!
outlines those requirements.
64 -
September 19, 1995
_I
1). Building codes require an Architect/Engineer to provide
drawings detailing the structural members used in repair work.
Staff estimates the cost at approximately fifteen hundred to
two thousand dollars ($1,500-2,000).
2). Land Development Regulations require that if repair work
exceeds fifty percent (50%) of the assessed value, the site
must be brought into compliance. This could require parking
drainage and landscape improvements the_sit•e cannot support.
3). Improvements are not applied toward the fifty percent (50%)
value triggering site improvements. (A/C, electrical,
windows and insulation are considered improvements).
4). Donadio's estimate of repairs is seven thousand eight hundred
and fifty dollars ($7,850.00). Staff's evaluation of the work
places our cost at approximately five thousand four hundred
dollars ($5,400) if completed with in-house staff or below
fifty percent (50%) of the value of the structure.
5). All work originally proposed was improvements to the
structure. No allowances within the budget were made for
repair work of this nature.
5). The total of all work repair and improvements is estimated at
twenty two thousand, five hundred and seventy five dollars
($22,575).
ALTERNATIVES AND ANALYSIS:
Alternative 1 - Approve an additional two thousand, seven
hundred and twenty five dollars ($2,725) to make required repairs
with in-house staff. Delete re -roofing from the proposed work, to
remain under the fifty percent (505) threshold.
Authorize staff to negotiate a contract with Donadio and
Associates to prepare the necessary plans to complete the repairs.
Donadio provided the evaluation and cost estimates at no cost to
the County. His fee is estimated at two thousand dollars and would
fall below the threshold for CCNA.
Alternate 2 - Make repairs with in-house staff. Delete re-
roofing and re -allocating a portion of improvement funds to cover
the cost. Deletion of the A/C would provide three thoussnd eight
hundred ($3,800) towards these costs. No additional funding would
be required. _
Authorize staff to negotiate a contract with Donadio and
Associates to prepare the necessary plans to complete the repairs.
Donadio provided the evaluation and cost estimates at no cost to
the county.
RECOMMENDATION AND FUNDING:
Staff recommends Alternate 1 and that funding be approved for
transfer from contingency funds.
September 19, 1995
I-V
Boos 96 PAGE A60
BOOK PAG
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved Alternate 1, a transfer of funding in
the amount of $2,725 to cover the required
repairs, and authorized staff to negotiate
with Donadio and Associates, as recommended
and outlined by staff in the memorandum.
TWO LOTS PURCHASED - CORNER OF 19TH AVE. & 27TH ST.
The Board reviewed a Memorandum of September 11, 1995:
DATE: SEPTEMBER 11, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
TBRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. -SONNY" DEAN, DIRECTO
DEPARTMENT OF GENERAL SERVICES
SUBJECT: REAL PROPERTY PURCHASE
4
BACKGROUND:
For several years the County has been buying properties just across
26th Street, north of the Administration Building as they became
available. Some of this property has been used to expand our
parking facilities and erect a health clinic.
The two lots in Block 5, just north of the Purchasing Warehouse are
now for sale through United Companies Lending Corporation due to
foreclosure proceedings. Staff has been approached by the holding
company to purchase the two lots in question.
Appraisals on these properties were furnished by United Companies
and indicate a price of $44,000 for the two lots and two buildings.
They have offered to sell this property to the County for $31,000.
ANALYSIS:
These two lots are immediately to and adjoining the Purchasing
Warehouse property. They could be incorporated into our fenced in
parking and provide additional room .for vehicle storage and
security. One of the buildings could be used for much needed
storage of materials and items that would eliminate some of the
congestion in other County owned facilities.
FUNDING:
Monies for this purchase would come from Optional One Cent Sales
Tax.
RECOMMENDATIONS:
Staff recommends Board approval for staff to proceed with purchase
of the above described properties and authorize their chairman to
execute applicable paperwork.
R".
September 19, 1995
CJWC0+
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Eggert, to approve
staff's recommendation as set forth in the
memo.
In response to Commissioner Eggert's question, Administrator
Chandler advised that Optional Sales Tax funds were available for
this purchase.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
Cid
September 19, 1995
BOOK 96 PAGE 162
01
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Eggert, to approve
staff's recommendation as set forth in the
memo.
In response to Commissioner Eggert's question, Administrator
Chandler advised that Optional Sales Tax funds were available for
this purchase.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
Cid
September 19, 1995
BOOK 96 PAGE 162
BOOK 96= PA[;E 163
CR512 CORRIDOR IMPROVEMENTS - MARTIN PAVING CO.
CHANGE ORDER NO. 6, FINAL PAY REQUEST & RELEASE OF
RETAINAGE
The Board reviewed a Memorandum of September 13, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P
Public Works Dire
FROM: Roger D. Cain, P.
County Engineer
SUBJECT: CR512 Corridor Improveihents - IRC Project No. 8612
Change Order No. 6, Final Pay Request from Martin Paving Company and
Release of Retainage
DATE: September 13, 1995
DESCRIPTION AND CONDITIONS
Attached is the final Change Order for the CR512 Corridor Improvements. This change
order rectifies and provides final quantities for all items on the Contract and is submitted
along with Request for Final Payment and release of retainage. The Original Contract Price
was $2,464,716.88.
Current Project Amount $2,598,875.23
Project No. 8612
CR512 Corridor Only
Net Change Order No. 6 + $ 25.945.18
Final Project Amount $2,624,820.41
Project No. 8612
All of the additional quantities shown increased were used on the project and these are
offset by quantity decreases also shown on the change order. The Contract was completed
substantially on schedule and it is staff's recommendation that no liquidated damages are
due the county as the Contractor satisfactorily completed the project on schedule.
All Release of Liens will be obtained from the Contractor before Final Payment is made,
and Surety in the form of a Warranty Certification for the survivability of the trees provided
on the job has been provided by the Contractor due to the 150 days survivability clause in
the Contract.
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Direct the Chairman of the Board to execute the Change Order and
the Board approve the Final Pay Request in the amount shown for this Contract and direct
that the Retainage be released to the Contractor.
Alternative No. 2 - Do not approve the change order and final pay request.
RECOMMENDATION AND FUNDING
Staff recommends Alternative No. 1 with funding coming from Account No. 101-153-541-
067.38, CR512 Corridor Improvements. -
68 -
September 19, 1995
_I
� s �
Commissioner Adams had concern about the cypress trees and
asked if they will be replaced and if the contractor will be
responsible.
County Engineer Roger Cain replied that they have replaced the
trees that have died and are aware that some others are in
distress. Their certificate of warrantee covers 150 days.
MOTION WAS MADE by Commissioner Bird, SECONDED
BY Commissioner Adams, to approve staffs;
recommendation as set forth in the memo.
Engineer Cain recommended that disbursment of funds be
dependent upon receiving all Releases of Liens.
THE MOTION WAS AMENDED to incorporate Engineer
Cain's recommendation.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
CHANGE ORDER NO. 6 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
VERO GLEN SUBDIVISION - PETITION WATER SERVICE
RESOLUTIONS I AND H
The Board reviewed a Memorandum of September 1, 1995:
DATE: SEPTEMBER 1, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTILS ICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASS S PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN VERO GLEN SUBDIVISION
(32ND COURT, SW - SOUTH OF IST STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -10 -DS
WIP NO. 473-000-169-269.00
RESOLUTIONS I AND II
On May 16, 1995, the Indian River County Board of County
Commissioners approved the petition for water service for Vero Glen
Subdivision to supply potable water to its residents. Design has
:1*1
September 19, 1995
BOOK 96 FAGS 164
f
BOOK - 96 PvA-
been completed by the Department of Utility Services staff. We are
now ready to begin the assessment process associated with this
project. (See attached agenda item and minutes of the above
meeting.)
,ANALYSIS
One of the subdivision's 16 lots, on the southeast corner of 32nd
Court and 1st Street, SW, is presently on County water. Of the 15
lots to benefit from the assessment, 13 (87%) have signed the
petition. Lot sizes range from .44 acres to .64 acres, 13 (87%)
being less than .50 acres in size.
Attached are Resolutions I and II for the assessment project. The
total estimated cost to be assessed is $38,371.31. The cost per
square foot is $0.12545096.
This project is to be funded 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.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolutions,
which approve the preliminary assessment roll and establish the
public hearing date.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
adopted Resolutions 95-122 and 95-123.
Providing ( First Reso . )
9 / 5 / 95 (reso/ veroglen) Vk/DC
RESOLUTION NO. 95- 122
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR WATER SERVICE TO
VERO GLEN SUDIVISION; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the
public
welfare of
the county
and has
deter-
mined to defray the cost
thereof
by special
assessments
against
certain
properties
to be
serviced
by a
water
main extension to
Vero Glen
Subdivision
(32nd
Court,
SW,
south
of First Street),
hereinafter
referred to as Project No. UW -95 -10 -DS;
September 19, 1995
70-
September
4
RESOLUTION 95-122
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a water line shall be
installed to benefit 15 lots in Vero Glen Subdivision, and the cost
thereof shall be specially assessed in accordance with the
provisions of Sections 206.01 through 206.09 of the Code of Indian
River County.
2. The total estimated project assessment cost of the above-described '
improvements is shown to be $38,371.31 or $0.12545096 per square
foot to be paid by the property specially benefited as shown on
the assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.12545096 per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
County Code.
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect
to credits against
the
special assessments after
completion of
the improvements
(the
"Credit Date") without
interest.
If not paid in full, the special assessments may be paid in ten
equal yearly installments of principal plus interest. If not paid
when due, there shall be added a penalty of 1-1/2% of the
principal not paid when due. The unpaid balance of the special
assessments shall bear interest at a rate of 8.5% from the Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility
Services.
71
September 19, 1995
BOOK 96 PnF.. 6
A
BOOK 96 FACF 167
RESOLUTION 95-122
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing the areas to be served) to be published at least
one time in the Vero Beach Press Journal before the public hearing
required by Section 206.04.
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner Adams 1
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 Ay
Commissioner John W. Tippin ye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September, 1995.
Attest: _
fre K. B:a:tVClk
CIL.�_ .
72 -
September 19, 1995
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
enn th R . acht
Chairman
�nd12flR:ttrCn AZproved Date
Ad'n:n /zq5
CY1I
Ui;y�l
Fisk Mgr.
-- Time and Place (Second Reso.) 9/5/95(reso/veroglen)Vk/DC
RESOLUTION NO. 95-123
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED IN
VERO GLEN SUBDIVISION, AND OTHER
INTERESTED PERSONS, MAY APPEAR BEFORE THE
BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPRIETY AND ADVISABIL-
ITY OF CONSTRUCTING THE WATER MAIN
EXTENSION, AS TO THE COST THEREOF, AS TO
THE MANNER OF PAYMENT THEREFOR, AND AS
TO THE AMOUNT THEREOF TO BE SPECIALLY
ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY.
WHEREAS,
the Board of
County 'Commissioners,
of
Indian
River
County has,
by Resolution
No. 95-
122, determined
that
it is
necessary for the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property within
the area described hereafter, that a waterline be installed to serve 15
lots in Vero Glen Subdivision; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.12545096 per square foot; and
WHEREAS, the Board of County Commissioners has caused an
assessment roll to be completed and filed with the Clerk to the Board;
WHEREAS, Section 206.06, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and place at
which the owners of the properties to be assessed or any other persons
interested therein may appear before the Board of County
Commissioners and be heard as to the propriety and advisability of
constructing such water main extension, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
73
September 19, 1995
BOOK 96 PA(,E x.68
_I
BOOK 96 PACE 169
RESOLUTION 95-123
1. The County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, October 10, 1995, at which time the owners
of the properties to be assessed and any other interested persons
may appear before said Commission and be heard in regard
thereto. The area
to
be improved and
the properties to be
specially benefited
are
more particularly
described upon the
assessment plat and
the
assessment roll with
regard to the special
assessments.
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.
until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the' owner of each property to be
specially assessed at least ten days notice in writing of such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
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:
74-
September
4
September 19, 1995
M M M
RESOLUTION 95-123
Chairman Kenneth R . Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye-
Commissioner
ye_Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this
Attest:
19 day of September, 1995.
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RI ER COUNTY, FLORIDA
By
Kenneth R. Macht
Charman
M RAFLORES UNIT TWO SUBDIVISION -
PETITION WATER SERVICE - RESOLUTIONS I AND H
The Board reviewed a Memorandum of September 1, 1995:
DATE: SEPTEMBER 1, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED JAMES D. CHAS
T
AND STAFFED MANAGER OF AS T PROJECTS
BY: DEPARTMENT OF ILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN MIRAFLORES UNIT TWO
SUBDIVISION (34TH COURT, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -09 -DS
WIP NO. 473-000-169-268.00
RESOLUTIONS I AND II
BACKGROUND
On May 2, 1995, the Indian River County Board of County
Commissioners approved the petition for water service for Miraflores
Unit Two/34th Court, SW (north of 5th Street, SW) to supply potable
water to its residents. Design has been completed by the Department
of Utility Services staff. We are now ready to begin the assessment
process associated with this project. (See attached agenda item and
minutes of the above meeting.)
ANALYSIS
There are 16 one-half acre lots in this subdivision. The 11
property owners signing the petition represent 69% of the properties
to be served. The attached map displays the area to benefit from
the assessment project.
75
September 19, 1995
BOOK 96 PAu 170
BOOK 96 PAGE 171
Attached are -Resolutions I and II for the assessment project. The
total estimated cost to be assessed is $38,022.08. The estimated
cost per square foot is $0.1091083.
This project is to be funded 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.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolutions,
which approve the preliminary assessment roll and establish the
public hearing date.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
adopted Resolutions 95-124 and 95-125 as set
out below, as recommended in the memorandum.
A brief discussion ensued concerning the disrepair of a
roadway in the area because of all the water main installations.
Public Works Director Jim Davis advised that his department plans
to resurface and widen the road but wanted to wait until all
subdivisions have water.
When asked by Commissioner Bird when 5th Street is going to be
connected, Director Davis advised that an additional 10 feet of
right-of-way needs to be acquired.
Providing ( First Reso . )
9/1/95(reso/mirafl2)Vk/DC
RESOLUTION NO. 95- 124
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR WATER SERVICE TO
MIRAFLORES UNIT TWO SUDIVISION; PROVIDING
THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the
public
welfare of
the county
and has
deter-
mined to defray the cost
thereof
by special
assessments
against
certain
properties to be serviced by a water main extension to Miraflores Unit
Two Subdivision (34th Court, SW), hereinafter referred to as Project
No. UW -95 -09 -DS;
76 -
September 19, 1995
RESOLUTION NO. 95-124
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a water line shall be
installed to benefit 16 lots in Miraflores Unit Two Subdivision, and
the cost thereof shall be specially assessed in accordance with the
provisions of Sections 206.01 through 206.09 of the Code of Indian
River County.
2. The total estimated project assessment cost of the above-described
improvements is shown to be $38,022.08 or $0.1091083 per square
foot to be paid by the property specially benefited as shown on
the assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.1091083 -per square foot
shall be assessed against each of the properties designated on the
assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
County Code.
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect to credits against the special assessments after
completion of the improvements (the "Credit Date") without
interest.
- If not paid
in full, the
special assessments may be paid
in ten
equal yearly
installments
of principal plus interest. If not paid
when due,
there shall
be added a penalty of 1-1J2%
of the
principal not paid when
due. The unpaid balance of the
special
assessments
shall bear interest at a rate of 8.5% from the
Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility
Services.
77
September 19, 1995
BOOK 96 PAGF 172 2
Bou 96 pnF173
RESOLUTION 95-124
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution (along with
a map showing
the
areas to be
served) to be
published
at least
one time in the
Vero
Beach Press
Journal before
the public
hearing
required by Section 206.04.
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by Commissioner Eggert ,
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
By ee t
Q��qQ�� Kenneth R. Macht
fre 'K. Barto , Clerk Chairman
C-.
Lege1
eU'jgpt
Utiibes
hick Mgr.
7 8 -
September 19, 1995
n
Time and Place (Second Reso. )
9/1/95(reso/mirafl2)Vk/DC
RESOLUTION NO. 95- 125
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED IN
MIRAFLORES UNIT TWO SUBDIVISION, AND OTHER
INTERESTED PERSONS, MAY APPEAR BEFORE THE
BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPRIETY AND ADVISABIL-
ITY OF CONSTRUCTING THE—,.WATER MAIN
EXTENSION, AS TO THE COST TI; MEOF, AS TO
THE MANNER OF PAYMENT THEREFOR, AND AS
TO THE AMOUNT THEREOF TO BE SPECIALLY
ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95- 124 , determined that it is
necessary for the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property within
the area described hereafter, that a waterline be installed to serve 16
lots in Miraflores Unit Two Subdivision; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.1091083 per square foot; and
WHEREAS,
the
Board of
County Commissioners has
caused an
assessment roll
to be
completed
and filed with the Clerk to
the Board;
and
WHEREAS, Section 206.06, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and place at
which the
owners of
the properties
to be assessed
or any
other
persons
interested
therein
may appear
before the
Board
of
' County
Commissioners and be heard as to the propriety and advisability of
constructing such water main extension, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof to be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, October 10, 1995, at which time the owners
�ooK 96 F��,F�.`�
September 19, 1995 79
Bm 96 PAf,F175
RESOLUTION NO. .95-.125
of the properties to
be assessed and any other
interested
persons
may appear before
said Commission and
be heard in
regard
thereto. The area
to be improved and
the properties
to be
specially benefited
are more particularly
described upon
the
assessment plat and
the assessment roll with
regard to the
special
assessments.
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.
until 5:00 p.m.
3. Notice of the time and place of this public hearing shall be given
by two publications in the Press Journal Newspaper one week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the owner of each property to be
specially assessed at least ten days notice in writing of such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
The resolution was moved for adoption by Commissioner
Adams, and the motion was seconded by Commissioner Eggert ,
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed LLnd
adopted this 19 day of September, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN VER COUNTY, FLORIDA
Attest: -
By
Kenneth R. Macht
n, Clerk Chairman '
r6
Attachment: ASSESSMENT ROLL
80 -
September 19, 1995
COMMISSION FOR FLORIDA LAW ENFORCEMENT
ACCREDITATION. INC. (CFLEA) INrMODUCTION
The Board reviewed a letter of August 22, 1995:
State a Florida
Board of Couinty Commissioners
August 22, 1995
Honorable Chairman Kenneth R Macht
Indian River Board of County Commissioners
1840 25th Street
Vero Beach FL 32960
Dear Chairman Macht :
°- ISTT
Cammtssionem
Adminiltraor
t1ubiic riff.74iS
Ow
w
Ensr co; —�-_
R i i k M1y!.
.Ogler
I am writing to introduce the Commission for Florida Law Enforcement
Accreditation, Inc ( CFLEA) . Meeting for the first time in January 1995, the
Commission will oversee a Florida -based law enforcement accreditation
program.
This program is designed to enable all Florida law enforcement agencies to
participate in complying with uniform standards that are workable, practical,
easily understood, and are specific to Florida. Moreover, the standards will
be compatible with national accreditation standards.
The benefits of becoming accredited are many, both to the agency and the
community served. The agency benefits by reducing its risk for lawsuits in
the area of operational negligence. In the accreditation process all operating
procedures are closely examined and must meet very demanding standards.
Additionally, an agency must be able to demonstrate professionalism in all
aspects of operations to include, but not be limited to, selection, training-,
budgeting, investigations, crime prevention programming, etc.
The community benefits by the knowledge and awareness that the law
enforcement agency serving them, has met the highest standards of
professionalism available. An effective partnership is formed between the
agency and the community based upon confidence and respect for the level of
service available. A sense of pride is gained by the citizens and the members
of the agency knowing that their agency is recognized for professional
excellence.
Courthouse
101 E. James Lee Blvd. Crestview. FL 32538
(904) 889-5030 FAR: 889-8059
September 19, 1995
Courthouse Aunez
1250 N. E&in Pkat'. Shallum. FL 32579
(904) 851-7103 FAX; 851-7142
81
1804 Rawls Turner Blvd. Suite 100
Fort Walton Beach. FL 32547
(904) 851-7105 FAR: 851-7142
BOOK 96 Ph.176
BOOK 96 PACF 177
The Commission, which was established by the Florida Sheriff's Association
and the Florida Police Chiefs Association, consists of four Counties,. League
of Cities, and the Judiciary. I.am proud to represent the Florida Association
of Counties on the Commission. The Commission has been continuing to meet
and develop an final draft of the standards. Soon the standards will be
completed, a fee structure developed, and the program of accepting agencies
into the process of Florida accreditation will begin. Several pilot agencies will
be selected as the initial agencies to undergo the process.
I welcome your participation and input into this exciting and historic step
forward in professionalizing law enforcement in the State of Florida. Please
call me if I can provide any additional information.
Sincerely,
RAY SANSOM
CHAIRMAN
Chairman Macht asked if this program would affect what Sheriff
Wheeler is doing, and Indian River County Deputy Rick Lane
responded with information about the new program. Deputy Lane
could not say whether Sheriff Wheeler would favor the new CFLEA
over national accreditation.
No action necessary or taken.
ORCHID ISLE SYSTEMS (IlVTERNET�
Deleted.
SMALL COUNTY COALITION - PARTICIPATION
The Board reviewed a Memorandum dated September 12, 1995:
To: Indian River County Commission Chairman or County Administrator
From: Warren Yeager, Chairman, Small County Coalition (Commissioner, Gulf County)
Re: Participation in the Small County Coalition
Date: September 12, 1995
The Small County Coalition formally organized three years ago to provide increased visibility and support
priority issues of critical concern to small counties and rural communities. Participating county
commissions adopt a resolution and.provide an annual fee to support a coordinated legislative effort on
behalf of strictly small county and rural issues. Collectively, the fees are used to retain the governmental
relations firm of Robert P. Jones & Associates, which specializes naval issues,
On August 19th, the Coalition met in Ocala to organize for the cowing year. In _addition to electing
officers, the Board of Directors expanded the regular membership category to include county commiasiotus
representing populations of 150,000 or less. This change was adopted unanimously because the rural rues
82 -
September 19, 1995
that the Coalition addresses for counties smaller than- 50,000_ arL- closet, alit. with the concerns of
counties with populations between 50,000 and 150,000. We felt that increased participation of counties
between 50,000 and 150,000 would broaden our effort to have the legislature focus on the issues that are
critical to Florida's rural communities.
During the coming year, coalition counties will work closely together to have the legislatt&e address rural
area economic development, rural health care, aquatic plant control and exotic invasive plants, solid waste
issues, administrative procedures, transportation funding and other issues critical to the rural areas. With
the potential for increased county participation, we can strengthen the chance of obtaining key funding
and secure needed legislative changes. Included with this memo is the legislative report that outlines how
counties under 50,000 have succeeded by working together during the past three years. We believe that
an expanded coalition will be a stronger voice for rural communities than one that represents just counties
under 50,000.
Also enclosed with this packet is a Small County Coalition Resolution inviting your county to participate
in the Coalition. Please schedule this resolution for consideration by your county commission. The fee
structure is based on each county paying 10 cents a person, with county fees being capped at $2,150. Fees
are used to. pay for our legislative effort and for meeting expenses. Also included for your review is a list
of officers, a chart of counties organized by geographic regions, and a copy of the Operating Bylaws.
A member of the Executive Committee has been assigned to your region and will work with you to answer
any question that you might have about the Coalition. I have also asked that our consultants, Chris Doolin
or Bob Jones, call you to discuss the Coalition.
Thank you for your consideration. We look forward to working on rural issues with your county during
the coming session. If you need additional information, please give me a call or call the Coalition office.
Thank you for your consideration.
Dedicated to Small Counties and Rural Issues
Commissioner Adams advised of an instance at one of the FACo
meetings when 4-5 Dade County Commissioners were flown in for an
election and their weighted votes skewed the election. The small
counties felt very incensed and helpless, thus the Small Counties
Coalition has come together to address the issue. She described
what the Coalition was attempting to do.
Commissioner Tippin was concerned about what we have in common
with the very rural counties. He thought we should analyze it
further.
Commissioner Adams recommended waiting a couple of weeks to
see what the Coalition effort produces.
INDIAN RIVER COUNTY NET BAN REVITALIZATION GUIDE
The Board reviewed Memoranda of September it and 12,
1995:
83 Boa 96 PAGE 178
September 19, 1995
F_
BOOK 96 PAGE 179
TO: Board of County Commissioners
FROM: Carolyn K. Eggert
Chairman, Ad Hoc Local Fishing Community
Revitalization Guide
DATE: September 12, 1995
SUBJECT: Net Ban Revitalization Guide
Attached is -the staff memo on the Net Ban Revitalization Guide.
The Guide has been distributed under separate cover. Please read
pages 1-28, especially pages 7-28.)
Indian River County has 194 fishermen with standard saltwater
product licences that will be losing (or have lost) their small
businesses and jobs. With family members, about 736 persons are
directly affected, plus suppliers, wholesalers and retailers. The
loss of the fishing industry will have a negative impact of more
than $4,653 on the county's economy.
Please approve this Guide for signature and transmittal.
NOTE: Commissioner Eggert advised that the figure in her
above memorandum should be $4 million.
TO: James E. Chandler
County Administrator
DE RTMENT HEAD CONCURRENCE
Robert M Kddfi , AI
THROUGH: Sasan Rohani, ICP ,/(.
Chief, Long -Range Planning
FROM: Douglas A. Kangur,)r./
Economic Developmeh�F Planner
DATE: September 11, 1995
RE: - Consideration of the --Net Ban Revitalization Guide
Application for State Assistance
It is x-equested that the data herein presented be given formal
consideration by the .Board .of .County _Commissioners at their regular
meeting of -September 19, 1995.
September 19, 1995
84 -
M ® M
DESCRIPTION AND CONDITIONS
On November 8, 1994, the voters of Florida enacted a constitutional
amendment banning commercial net fishing in Florida waters. Since
the net ban became effective on July 1, 1995, the ban has had an
adverse economic impact on -many Florida residents and their
families, as well as on several Florida communities.
In an effort to address the effects of the •net ban amendment,
Governor Lawton Chiles initiated a process for the establishment of
Local Fishing Community Revitalization Teams in counties affected
by the net ban. To begin this processand effectively coordinate
available resources, the Department of Labor developed an
application for state assistance in the form of a Revitalization
Guide for the Enhancement of Economic Conditions for Counties
Affected by the Net Ban. This application was sent to affected
counties.
On July 11, 1995, the Board of County Commissioners established and
appointed members to Indian River County's Local Fishing Community
Revitalization Team. The team's purpose was to: assess the economic
and social impacts of the net ban,, -establish a vision with goals
and objectives, develop long term and short term solutions to
employment opportunities for displaced fishermen and fishhouse
workers, and complete a Revitalization Guide application to make
the County eligible for state assistance.
On September 7, 1995, the revitalization team unanimously
recommended that the Board of County Commissioners approve the
Revitalization Guide application.
Analysis
The Indian River County Fishing Community Revitalization Team was
formed to complete the Revitalization Guide application for state
supported assistance. Comprised of a county commissioner, members
of the fishing community, representatives from the Treasure Coast
Private Industry Council, Florida Sea Grant, the United Way, State
Senator Charles Sembler's office, a local bank, the agricultural
extension services, SCORE, a labor economist, and a business
analyst, the team's responsibility was to complete the
Revitalization Guide application for State financial support,
provide informational assistance to displaced fishermen, local
fishhouse workers and their families, and assess feasible
employment opportunities for people affected by the net ban
amendment.
A copy of the draft Revitalization Guide application is on file in
the Board of County Commissioners office. The application is
divided into three sections. Section one describes the current
conditions of the county, identifies Sebastian, Wabasso, and
Roseland as communities affected by the net ban within the county,
and provides an estimate of the projected effect that the net ban
will have on the county and the communities identified above.
Section 2 of the application provides details of the issues that
the county and affected communities must address to support
revitalization and economic growth. Some of the issues addressed
include: infrastructure, services, and development and promotion of
community resources.
Section 3 of the.application contains a community vision and a set
of goals and objectives to achieve the vision. Included in this
section is a list of the support services required to assist the
affected fishermen and fishhouse workers and their families and an
85 BOOK 96 Phu 180
September 19, 1995
BOOK= 96 PnF 181
economic impact analysis indicating what factors of the county's
economy will most likely be affected by the net ban. Section 3
further identifies the required funding needed to perform
feasibility studies, to support planning and implementation
activities, and to provide financial assistance to small businesses
and individuals affected by the net ban.
Provided within the application is a timeframe that identifies when
the goals and objectives will be accomplished. The application
concludes with the identification of anticipated assistance
required to provide the revitalization team the opportunity to
achieve its goals and objectives and realize its vision.
The Revitalization Guide application identifies possible grants to
implement the goals and objectives of the revitalization team.
Also, the application indicates that_, the county support required to
obtain grant funds will be in -kind -support.
Conclusion
Recently, the revitalization team completed the application for net
ban impact assistance from the state. In so doing, the
revitalization team identified the approximate amount of funds
needed to successfully achieve its vision. These funds will be
utilized in an effort to provide affected fishermen, fishhouse
workers and their families the means to reestablish their
livelihood.
Upon the Board of County Commissioners approval, the Revitalization
Guide application will be submitted to the Florida Department of
Labor.
RECOMMENDATIONS
The Local Fishing Community Revitalization Team and staff recommend
that the Board of County Commissioners approve the draft
Revitalization Guide application for state assistance to fund the
efforts of the revitalization team. Staff also recommends that the
Board direct staff to send a copy of the application to the Florida
Department of Labor.
Commissioner Eggert spoke in support of the staff
recommendation.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously
approved transmittal of the Net Ban
Revitalization Guide Application for State
Assistance to the Florida Department of Labor.
GIBBS APPOINTED TO HRS DISTRICT 15 BOARD
The Board reviewed a Memorandum of September 19, 1995 and
letter of September 18, 1995:
86 -
September 19, 1995
TO: Board of County Commissioner
FROM: Carolyn K. Eggert, County Commissioner
Chairman, Primary Care/Public Health Committee
DATE: September 11, 1995
SUBJECT: HRS District 15 Board Appointment
M
The Nominating Committee for the Health and„Human,Services Board,
District 15, has reviewed the applications and will recommend
three applicants from which we choose one. (The recommendations
will be coming under separate cover).
The applications are on file in the Commission office. Please
review these five applications and be prepared to choose one at
the meeting.
STATE OF FLOKIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
September 18, 1995
Commissioner Caroline Eggert
Indian River County Commission
1840 25th Street
Vero Beach, Fl
Dear Commissioner Eggert:
Enclosed are three applications for the vacancy on the IIRS District 15 I Iealth and
Human Services Board created by the resignation of Sonja Galanis.
The Nominee Review Qualification Committee (NQRC) must select three nominees for
every vacancy. It is the county commissioners task to select one member from the three
applicants. This appointee will complete Ms. Galanis' term which expire September 21,
1996.
The NQRC members submit for your consideration the following ranking of the
candidates in order of their experience in management and budget matters, social services
and commitment to their community: -
Number 1- Leland Gibbs
Number 2 - Adella Cook
Number 3 - Carol Burdette
We would like to be placed on the September 19,1995 agenda. If you have any
questions, please do not hesitate to contact me at 407/467-4174.
Sincerely,
Betty Robinson
H14SB Liaison
September 19, 1995
DISTRICT XV
337 NORTH 4TH STREET • SUITE A • FORT PIERCE. FLORIDA 34950
(407) 467-3131
87
1AWrON CHILES. GOVERNOR
BOOK 96 FAGS 184'
�ooK 96 PAu x.83
.Commissioner Eggert advised that Leland Gibbs was the number
one choice of the NRQC and suggested he be named.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board unanimously
appointed Leland Gibbs to the HRS District 15
Board.
TRAFFIC SIGNAL AT BEACHLAND BLVD. AND RIVERSIDE PARK
1'
Commissioner Eggert reviewed the memorandum of September 12,
1995, and portion of MPO minutes:
To: Carolyn K. Eggert,
MPO Chairman
From: Richard N. Bird
County Commissioner
Date: September 12, 1995
Re: Traffic Signal at Beachland Blvd. (S.R. 60)
and Riverside Park Drive/Indian River Drive
Enclosed are copies of correspondence related to the
intersection of Beachland Boulevard and Indian River Drive.
In my opinion, the proposal by the Department of
Transportation (DOT) is not as workable as signalization
would be. I understand that the Metropolitan Planning
Organization (MPO) in the past had supported this position
forcing people exiting Memorial Island Park and the numerous
public facilities there to travel through residential
neighborhoods to Mockingbird, or having them do a right turn
only onto Beachland Boulevard from Indian River Drive and
then having to try to negotiate a 180 degree U-turn at
Mockingbird, is also unacceptable.
I would like to see the MPO rediscuss this situation
and use whatever influence we have with the DOT to do the
right thing in this intersection. I'll leave it to your
discretion as to when to agenda this item.
RNB:jwc
Enclosures CORRESPONDENCE ON FILE IN THE COUNTY
COMMISSION OFFICE.
Motion made at 9/13/95 MPO meeting relative to Traffic Signal at
Beachland Blvd. (SR -60) and Riverside Park Drive/Indian River
Drive:
The Board unanimously voted 7-0 to draft a strongly worded
Resolution to be signed by Chairman and sent to the legislative
delegation and Florida Department of Transportation.
— The Board also recommended that -the County Commission adopt a
similar Resolution and send it to the same individuals.
Chairman Eggert commented that there should be a light that can
be activated in an emergency situation or for big events to
clean out traffic from the Riverside Park area.
The City of Vero Beach will also draft a Resolution to.send to
the above individuals. _
88 -
September 19, 1995
� � i
r� s
Community Development Director Bob Keating advised that he has
drafted a resolution which is currently being reviewed by the City
of Vero Beach for any recommendations. It will then be put in MPO
and BCC form.
MOTION WAS MADE by Commissioner Eggert,
SECONDED BY Commissioner Bird, to adopt
Resolution 95-126 supporting the installation
of a traffic signal at the intersection as set
forth in the memorandum.
Bill Koolage, concerned citizen, raised another issue with
respect to Indian River Boulevard. He claimed the speed limits
vary from 35 to 45 miles per hour and that the 45 mph limit causes
a hazard at the stop light. Also, he commented he has difficulty
entering Indian River Boulevard from Vista Gardens. He would like
to see a study on the speed limits there. He also felt there
should be more cooperation from DOT on this.
THE CHAIRMAN CALLED THE QUESTION and
Resolution 95-126 was adopted unanimously.
RESOLUTION NO. 95- 126
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION SIGNALIZE THE INTERSECTION
OF BEACHLAND BOULEVARD (S.R. 60) AND RIVERSIDE PARK
DRIVE.
WHEREAS, the original plans for, and the final
construction of, the new Merrill Barber Bridge included left turn
lanes at all approaches to the intersection of Beachland Boulevard,
Indian River Drive East, and Riverside Park Drive; and
WHEREAS, the availability of left turn lanes at all
approaches to this intersection is important and necessary for
special event traffic and emergency vehicles associated with
Riverside Park, the Center for the Arts, Riverside Theater, and the
Childrens Theater; and
WHEREAS, left turn lanes at all approaches to this
intersection will avoid routing unnecessary traffic into the
surrounding residential neighborhoods and public parks; and
WHEREAS, the intersection of Beachland Boulevard (S.R.
60) and Riverside Park Drive was not signalized as part of the
Merrill Barber Bridge project; and
WHEREAS, the public -parks on both sides of this
intersection are utilized by numerous pedestrians, and crossing
this intersection without a signal is hazardous; and
89 BOOK 96 F'I�GF ���
September 19, 1995
_I
BOOK 9`6 PAcf 185
WHEREAS, the lack of signalization of this intersection
has caused the left turn lanes at the intersection to be closed to
vehicles; and
WHEREAS, the lack of signalization of this intersection
causes delays, inconvenience, and safety problems.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS THAT: The Board of County Commissioners
strongly requests that the Florida Department of Transportation
(FDOT) immediately signalize the intersection of Beachland
Boulevard, Indian River Drive East, and Riverside Drive, and thus
make available the left turn lanes that have been constructed at
this intersection.
THIS RESOLUTION was moved for adoption by Comm. Eggert , and
the motion
was
seconded
by
Comm. Bird
to a vote,
the
vote was
as
follows:
, and, upon being put
Chairman Kenneth R. Macht aye
Vice -Chairman Fran B. Adams aye
Commissioner John W. Tippin aye
Commissioner Richard N. Bird aye
Commissioner Carolyn K. Eggert aye
The Chairman thereupon declared the resolution duly passed and
adopted this 19 day of September , 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN R ER CO Y LORIDA
-� BY
�l enneth R. Macht, Chai an
Board of County Commissioners
ATTEST:
.t.0 a\r\mpo\bccvbsig.res
SPECIAL WEEKEND PARKING APPROVED - GOLDEN SANDS PARK
The Board reviewed a Memorandum of September 14, 1995:
TO: Board of County Commissioners
FROM: Carolyn K. Eggert
County Commissioner
DATE: September 14, 1995
SUBJECT: Golden Sands Park Parking
Republican Women Aware is having its Christmas House Saturday,
December 2, 1995 and Sunday, December 2, 1995 at Disney. Parking
is somewhat limited. -
In checking with Jim Davis, I found that there are over 100 parking
places at Golden Sands, about half of which they need for park
goers.
I request permission for Republican Women Aware to use 50-60
parking places at Golden Sands for this event that raises money --for --
charities in Indian River County.
90-
September
a
September 19, 1995
ON MOTION by Commissioner- Adams, SECONDED by
Commissioner Tippin, the Board unanimously
approved the use of 50-60 parking spaces at
Golden Sands for the Christmas House to be
held the weekend of December 1-2, 1995, as
requested.
Commissioner Bird suggested they might also use Treasure
Shores, if more is needed.
Commissioner Adams advised of complaints she has received
because workers on the Disney project are parking there -.and on the
Wabasso Causeway in spite of special park and ride arrangements
which have been made for them.
Public Works Director Jim Davis remarked they also have had
many complaints from the residents of Summer Place Subdivision for
the same reason. It had been a constant problem.
Commissioner Bird hoped the problem would go away when they
opened the Disney resort.
JONES APPOINTED TO EMERGENCY SERVICES DISTRICT
ADVISORY CONIlVIII'TEE
Commissioner Eggert reviewed the following letter of September
18, 1995:
Ca:nmi loners
cfe&sties & Vokrttee..- 692-e 096arbnett alul9,escu.� cf#M4 i trator
P 0 80X 780539 SEBASTIAN, FLORIDA 32978-0539 • (407) 589.1617 Atom
SERVING ALL OF VORTN INDIAN RIVER COJNTV VOLUNTARILf Person .i
r•
P::�t1- ^rks
rri t.
September 18, 1995 0'13-
Emerg. Sam �
F.6 i►A
Otter _AT�o4'f-
The Honorable Ms. Carolyn Eggert, Commissioner
Emergency Services Taxing District Advisory Committee Chairperson
Indian River County Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Ms. Eggert:
It is with deep regret that I inform you of the death of our
President, Leroy Parkhurst. Mr. Parkhurst served in our department
for 23 years, responding to over 4,000 calls voluntarily, to aid
his community in times of need.
91
September 19, 1995
BOOK 96 PAA Ir,6
BOOK- 96 W;F l 1
Mr. Parkhurst was also a member of the Emergency Services Zmctaq
District Advisory Committee. He proudly served on this committee
for several years. He enjoyed his work with this committee and was
an excellent spokesman for the north county volunteer fire
community.
In keeping with the commitment Mr. Parkhurst provided on this
committee, I would like to recommend that Mr. Roger Jones, Chief,
Sebastian Volunteer Fire Department replace Mr. Parkhurst on this
most important committee. Mr. Jones is a "combat" firefighter with
many years of volunteer experience in the north county area. He
would be able to provide representation for all north county
departments.
Allow me to thank you in advance for your attention in this most
important matter. As always, should you have any questions, please
do not hesitate to contact me.
Sincerel ,
Nathan B. McCollum
Treasurer\Membership Officer
Sebastian Volunteer Fire Department
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
appointed Roger Jones to the Emergency
Services District Advisory Committee.
SUPPORT FOR HIGH SPEED RAIL STATION/MAINTENANCE
FACILITY IN ST. LUCIE COUNTY
Commissioner Tippin reviewed the memorandum of September 13,
1995:
ro: Members of T. C. Council of Local Govts.
FROM: Kon Sattler - CommissionerlD strict P.
DA TE.• Sept. 1S. 1995
St1WECT.• High $peed Rail -Resolution
The fallowing page is being faxed to you so that we might receive your support for
the positloning of the Nigh Speed Rad with/n St. Lucie County.
Would you pfease (as quickly as possiblel prepare -your"resoluft w using the attached
as an example and return ro me "pronto.'*
Time h of great urgency. .. so 11 look forward to receiving your resoludon shortly.
Thank Youl _ - --
92
September 19, 1995
.•J
Rz,c,
l,3 BOAR �D
C01JNTM
v
rOA44f S
Sincerel ,
Nathan B. McCollum
Treasurer\Membership Officer
Sebastian Volunteer Fire Department
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
appointed Roger Jones to the Emergency
Services District Advisory Committee.
SUPPORT FOR HIGH SPEED RAIL STATION/MAINTENANCE
FACILITY IN ST. LUCIE COUNTY
Commissioner Tippin reviewed the memorandum of September 13,
1995:
ro: Members of T. C. Council of Local Govts.
FROM: Kon Sattler - CommissionerlD strict P.
DA TE.• Sept. 1S. 1995
St1WECT.• High $peed Rail -Resolution
The fallowing page is being faxed to you so that we might receive your support for
the positloning of the Nigh Speed Rad with/n St. Lucie County.
Would you pfease (as quickly as possiblel prepare -your"resoluft w using the attached
as an example and return ro me "pronto.'*
Time h of great urgency. .. so 11 look forward to receiving your resoludon shortly.
Thank Youl _ - --
92
September 19, 1995
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously
adopted Resolution No. 95-127 supporting St.
Lucie County in its -endeavors to have a High _
Speed Rail Corporation transportation station
and maintenance facility in their county.
RESOLUTION NO. 95-127
A RESOLUTION OF THE BOARD OF COUNTY
CONUSSIONERS OF INDIAN RIVER COUNTY, FLO&tDA, ; o
SUPPORTING ST. LUCIE COUNTY IN ITS ENDEAVORS TO
HAVE A FLORIDA HIGH SPEED RAIL CORPORATION
TRANSPORTATION STATION AND MAINTENANCE FACILITY
LOCATED IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, St. Lucie County is endeavoring to have a
transportation station and maintenance facility located within St.
Lucie County in a location as best determined to service passengers
within the Treasure Coast area; and
WHEREAS, the Board of County Commissioners of St. Lucie County
is requesting support of the local governments of the Treasure
Coast relative to its endeavors in working with the Florida High
Speed Rail Transportation Commission in having this transportation
system become a reality with a rail station being located in St.
Lucie County; and
WHEREAS, a station located in St. Lucie County would benefit
the entire Treasure Coast region.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners. of Indian River County, Florida, that the Board
supports St. Lucie County in its attempt to actively solicit and
work to bring the High Speed Rail Transportation System through,
and to include a transportation station and maintenance facility
being located in St. Lucie County, Florida.
This resolution was moved for adoption by Commissioner Adams,
seconded by Commissioner Bird, and was adopted by the following
vote:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
This resolution was adopted and becomes effective on the 19
day of September, 1995.
ATTEST:
BOARD OF COUNTY COMMSSIONERS
IRIDIAN RIVER COUNTY, FLORIDA
��eAneth R. MacKt, Chairman '
APPROVED AS TO FORM
AND CORRECTNESS;
JK. Bart ' , Clerk
'�"— 7--KC- L
�J
93
September 19, 1995
V`�'l�'�/J � J
Charles P. Vitunac
County Attorney
POOK 96 �'H) 19191
POOK 96 Fv F
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those minutes are being prepared
separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:09 p.m.
ATTEST:
J. rton, Clerk enneth R. Macht, Chairman
Minutes approved on / O . Q T q S
94 -
September 19, 1995