HomeMy WebLinkAbout10/10/1995= MINUTEqMRTTACIIED=
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER' COUNTY, FLORIDA
A Q B N WA
TUESDAY, OCTOBER 10, 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)
• 11. 1 ICI
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS to the A(.FNnA1F..MT.Rr'r.Tvry rrrwrc
1. Defer Item 7-I.
2. Defer Item 11-A.
3. Add Item 13-A-2, discussion regarding Falcon Cable.
4. Add Item 13-A-3, discussion regarding FAC Select
Committee on Water Policy Meeting.
5. Add Item 13-B, discussion regarding Wabasso Causeway Jet
Ski Rentals.
5. PROCLAMATION and PRESENTATIONS
None
i I ING 1
None
A. Received & Placed on File in Office of Clerk to
the Board:
1. Notice of Registered Agent for Vero Lakes
Water Control District: Chester Clem, St. 501
Univest Bldg., 2770 Indian River Boulevard,
Vero Beach, FL 32960-4278
2. Report of Convictions for Sept., 1995
B. Approval for Out -of -County Travel for Commissioners
to Attend 1996 FAC Legislative Conference Nov. 29 -
Dec. 1, 1995
(no backup provided)
i
7. CON .NT AGENDA (on 'd 1•
C. Internet Seminar
(memorandum dated October 2, 1995)
D. Establishment of Public Hearing Date for Board
Consideration of Ten (10) Applicants for a Class
E (Wheelchair) Certificate of Public Convenience
and Necessity for Providers Currently Under Con-
tract With the Transportation Coordinator
(memorandum dated September 29, 1995)
E. Administrative -Policy Manual
(memorandum dated October 3, 1995)
F. Agreement / I.R.C. & Dr. Gorsuch/Dr. Lewis
Temporary Water Service
(memorandum dated September 27, 1995)
G. Release and Substitution of Conservation Easement -
Lindsey Lanes Subdivision
(memorandum dated October 2, 1995)
H. Resolution to DEP for Coastal Armoring
(memorandum dated September 29, 1995)
I. Renewal of Abandoned Flow Well - Plugging
Agreement with SJRWMD
(memorandum dated October 4, 1995) .
J. 58th Ave. Right -of -Way Acquisition; Parcel #125,
Rivera Estates, Lot 3 and 4, Block 2
(memorandum dated October 3, 1995)
1► Y It 1I 11CF41 191131W : . I I
None
9:05 A.M. 9. PIJBT-IC MM
1. Petition Water Service in Mimflores Unit
Two S/D (34th Court SW) - Res. III
(memorandum dated September 29, 1995)
2. Petition Water Service in Vero Glen S/D
(32nd Crt., SW - South of 1st St., SW)
Resolution III
(memorandum dated September 29, 1995)
None
10. C0 WW ADMENISTRATOR'S MATTERS
None
11. DEPARTMENTAI, MATTER
A. Community Develo m n
Karl Hedin's Request for Board Review of
County Wetland Resource Permit Fee
Requirement
(memorandum dated October 4, 1995)
B. Emerged Services
None
C. General Servicec
AudioNideo Presentation System for Board
Chambers
(memorandum dated September 28, 1995)
D. Leisure Servicec
None
E. Office of ManagemmitmuUBjuka
None
F. Personnel
Employee Solicitation
(memorandum dated September 29, 1995)
G. Pub is Workc
1. Approval of Maintenance Map for Power -
line Road (70th Ave.) Between CR510 and
Barber St.
(memorandum dated September 28, 1995)
2. 1995-96 Waterways Assistance Program Pro-
ject - Environmental Learning Center
(memorandum dated September 27, 1995)
3. Developer's Agreement to Construct Left Turn
Lanes at 82nd Ave. / SR60 Intersection - Gator
Truck Stop
(memorandum dated October 3, 1995)
H. Uffiffles
None
12. COUNTY ATTORNEY
County Issues for Legislative Delegation Meeting
(memorandum dated October 4, 1995)
13. COMMISSIONERS IWMS
A. Chairman Kenneth _ Macht
1996 FAC Legislative Program
B. Vice Chairman Fran B Adams
C. Commissioner Richard N Bird
1 iii ii i 'r M, /i
E. Commissioner, John W. Tippin
14.
A. Emergency Services District
None
B. Solid Waste Disposal District
None
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.
M M r
October 10, 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, October 10,
- 1995, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran
B. Adams, Vice Chairman; Richard N. Bird; and John W. Tippin.
Commissioner Carolyn K. Eggert was absent due to knee surgery.
Also present were James E. Chandler, County Administrator; Charles
P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and Commissioner
Tippin led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Adams requested the addition of Item 13-B,
discussion regarding Wabasso Causeway jet ski rentals.
Administrator Chandler requested the deferment of Item 7-I and
Item 11-A.
Chairman Macht requested the addition of Item 13-A-2,
discussion regarding Falcon Cable, and Item 13-A-3, discussion
regarding FAC Select Committee on Water Policy Meeting.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously made
the above changes to the Agenda.
CONSENT AGENDA
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. Notice of Registered _Agent for Vero Lakes
Water Control District: Chester Clem, Suite
501, Univest Building, 2770 Indian River
Boulevard, Vero Beach, FL 32960-4278
2. Report of Convictions, September, 1995
BOOK
OCTOBER 10, 1995 1
B&A
B. Out -of -County Travel - 1996 FAC Legislative Conference
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved out -of -County travel for Commissioners to
attend the 1996 FAC Legislative Conference to be
held November 29 through December 1, 1995 in
Tallahassee, Florida.
C. Out -of -County Travel - Internet Seminar
The Board reviewed a Memorandum of October 2, 1995:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Alice E. White
Executive Aide
DATE: October 2; 1995
SUBJECT: Internet Seminar
96 exE2
I would like to attend the "Using the Internet" seminar in
Melbourne, Florida on November 13. This is a one day seminar.
There is a wealth of information to be gained through the Internet,
and since this appears to be the rage now and in the future, I
would like to know more about it to see if it would be beneficial
to our office.
I respectfully request permission to attend this seminar.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved out -of -County travel for Executive Aide
Alice E. White to attend the "Using the Internet"
seminar in Melbourne, Florida on November 13, 1995.
OCTOIBM 10, 1995
r
I
D. Public Hearing Date for 10 Applicants for Class E (Wheelchair)
Certificate of Public Convenience and Necessitv for Providers Currently
Under Contract with the Transportation Coordinator
The Board reviewed a Memorandum of September 29, 1995:
TO: Board of County Commissioners
THROUGH: Jim Chandler
County Administrator
FROM: Doug Wright, Director
Department of Emergency Services
DATE: September 29, 1995
SUBJECT: Establishment of Public Hearing Date for Board
Consideration of Ten (10) Applicants For a Class E
(Wheelchair) Certificate of Public Convenience and
Necessity for Providers Currently Under Contract With
the Transportation Coordinator
On September 19, 1995, The Board of County Commissioners approved
an ordinance which amended Chapter 304 of the Indian River County
Code of Laws and Ordinances titled "Life Support and Wheelchair
Services." The amendments include a Class E Certificate of Public
Convenience and Necessity for the purpose of regulating wheelchair
service providers.
The Board also directed staff to complete the certificate process
for providers currently under contract with the Transportation
Coordinator in a timely manner so that the Board could consider the
applications prior to November 1, 1995, in order to preclude any
interruption in service.
RECOMMENDATION:
It is recommended the Board approve a public hearing date of
October 24, 1995, to provide staff sufficient time to complete the
certificate process for this substantial number of applicants.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved October 24, 1995, as the public hearing
date for the applicants, as recommended by staff.
BOOK 96 PAE 287
OCTOBER 10, 1995 3
BOOK 9-6 PAGE 288
E. Administrative Policy Manual
The Board reviewed a Memorandum of October 3, 1995:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To: Board of County Commissioners Date: October 3, 1995
Through: James Chandler,
County Administrator
From: Jack Price, Personnel Sub: Administrative Policy
Manual
................. 0 ................................................
Attached are undated pages for 7 units of the Indian River County
Administrative Policy Manual. The topics have been discussed by
the Board of County Commissioners previously and are submitted at
this time for action.
Recommendation: _
That the Board of County Commissioners approve the units for issue.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the submitted changes to the Administrative
Policy Manual, as recommended by staff.
F. Temaorary Water Service Agreement - Dr. Gorsuch/Dr. Lewis
The Board reviewed a Memorandum of September 27, 1995:
DATE: SEPTEMBER 27, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL ERVICES
PREPARED AND WILLIAM F. cCAIN
STAFFED BY: CAPITAL O CTS ENGINEER
DEPAR EN TILITY SERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND DR. GORSUCH/DR. LEWIS
TEMPORARY WATER SERVICE
BACKGROOATD
Dr. Heidi Gorsuch and Dr. Steven Lewis have requested that
temporary service be installed from the water line on CR 510 to
service their property at 8680 Shore Lane, Vero Beach, Florida
32967, prior to the installation of a water main on Shore Lane.
OCTOBER 10, 1995 4
J
ANALSSIS
The Agreement states that the .Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water service to
Dr. Heidi Gorsuch and Dr. Steven Lewis until such time that a water
Zine is constructed on Shore Lane by assessment. They agree to pay
all fees required to make this connection. They further agree to
participate in the assessment and to reconnect to this water line
as required by IRCDUS.
RECOMMENDATIOF
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Dr. Heidi
Gorsuch and Dr. Steven Lewis on the Consent Agenda.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Agreement with Dr. Heidi Gorsuch and
Dr. Steven Lewis, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
G. .Release and Substitution of Conservation Easement - Lindsey Lanes
Subdivision
The Board reviewed a Memorandum of October 2, 1995:
TO: The Board of County Commissioners
FROM: WC, William G. Collins II - Deputy County Attorney
DATE: October 2, 1995
SUBJECT: Release and Substitution of Conservation Easement - Lindsey
Lanes Subdivision
'On July 26, 1994 at its regular meeting, the Board of County Commissioners
approved the concept of creating a 3j -acre native upland "land bank", to be
utilized in future situations where circumstances within the Lindsey Lanes
Subdivision require the release of any platted conservation easements.
A request has been received to debit the land bank by 1,600 square feet
and for the release of the existing conservation easement on Lot 2, Block G,
Lindsey Lanes Subdivision, Phase I.
RECOMMENDATION:
Authorize the Chairman to execute the Release and Substitution of
Conservation Easement from Lot 2, Block G, Lindsey Lanes Subdivision,
Phase I to the land bank placed under conservation easement on August 5
1994 and as recorded at O.R. Book 1030, Page 428, Public Records of Indian
River County.
Boot 96 PnE 289
OCTOBER 10, 1995 5
MR
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Release and Substitution of
Conservation Easement from Lot 2, Block G, Lindsey
Lanes Subdivision, Phase I to the land bank placed
under conservation easement on August 5, 1994, as
recorded at Official -Records Book 1030, page 428,
Public Records of Indian River County, Florida.
EASEMENT DOCUMENTS ARE ON FILE IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY
H. Coastal Armoring Resolution to DEP
The Board reviewed a Memorandum of September 29, 1995:
TO: Boof Couty Commissioners
V,
FROM: C arles "P.Vnitunac, County Attorney
DATE: September.29, 1995
RE: Resolution to DEP for Coastal Armoring
6 PAGE290
At the last Beach and Shores Advisory* Committee Meeting, the committee
unanimously adopted a motion to send a resolution to the Department of
Environmental Protection (DEP) asking that the department modify its policies
and rules so that beach -front property owners within the Archie Carr National
Wildlife Refuge would be allowed to at least apply for coastal armoring to
protect their beach -front property. Under the present policy people within
that refuge cannot protect their property since they are not even allowed to
apply for a permit.
Requested Action:
Request that the Board of County Commissioners adopt the attached resolution
and forward it to the DEP.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
adopted Resolution 95-130 to the Secretary of the
Department of Environmental Protection of the State
of Florida urging that property owners of residences
within the Archie Carr National Wildlife Refuge be
allowed to make application for construction of
seawalls to protect their property.
OCTOBER 10, 1995 � -
Al�l�
RESOLUTION NO. 95- 130
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE
SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF THE STATE OF FLORIDA URGING THAT
PROPERTY OWNERS OF RESIDENCES WITHIN THE ARCHIE CARR
NATIONAL WILDLIFE REFUGE BE ALLOWED TO MARE
APPLICATION FOR CONSTRUCTION OF SEAWALLS TO PROTECT
THEIR PROPERTY.
WHEREAS, residents of certain areas of coastal Indian River County have
suffered severe and continuing sand loss from coastal storms; and
WHEREAS, several of these residents have either lost their homes or are
about to lose them; and
WHEREAS, to protect the remaining homes from falling into the ocean it
may be necessary to construct seawalls or other coastal armoring devices; and
WHEREAS, the Florida Department of Environmental Protection (DEP) has a
permitting process which adequately addresses environmental, safety, and
other public welfare issues; and
WHEREAS, in an effort to protect turtles in the Archie Carr National
Wildlife Refuge the DEP has proposed a rule which will prohibit property
owners within the Archie Carr administrative area from even applying for
coastal armoring; and
WHEREAS, Indian River County believes that this is an unwarranted action
which could result in the taking of these property owners' houses without due
process of law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Secretary of
the Department of Environmental Protection to take whatever steps are
necessary to allow property owners within the Archie Carr National Wildlife
Refuge the right to make application for seawalls or other coastal armoring
in the same manner as other barrier coastal -island residents.
The resolution was moved for adoption by Commissioner Adams , and
the motion was seconded by Commissioner Bird , and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
OCTOBER 10, 1995 7
Aye
Aye
Aye
Absent
Aye
BOOK 96 F�._: 2.91
800K 96 P''' x'92
RESOLUTION 95-130
The Chairman thereupon declared the resolution duly passed and adopted
this 10 day of October , 1995.
Bi
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toec_;�. zaatm--�
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B:
Jef-tfeZ R, Barto Clerk
chairman
I. S.TRWMD Abandoned Flow Well - Plugging Agreement Renewal
Deferred.
J. 58th Avenue Right -of -Way Acquisition - Parcel #125. Rivera Estates,
Lots 3 and 4, Block 2 - Yawn
The Board reviewed a Memorandum of October 3, 1995:
TO: James E. Chandler
County Administrator 0
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
SUBJECT: 58th Avenue Right -of -Way Acquisition; Parcel #125, Rivera
Estates, Lot 3 and 4, Block 2
DATE: October 3, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement project from Route 60 to 26th Street.
The property owner has executed a contract to deed the right-of-way
to the county in exchange for the installation of water to the
residence from the existing county utility line. The water has
been connected and the owner would like reimbursement for the
$3,572.61 fee and assessment.
The contract price is not to exceed $3,572.61 for the 15' wide x
140' (2,100 square foot) parcel. There are no appraisal or
attorney fees.
Staff requests the Board of County Commissioners approve the
contract and authorize the Chairman to execute the contract.
OCTOBER 10, 1995 $
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the Contract with Tilara Coffey Yawn for
Parcel #125 granting an additional 15 foot right-of-
way on 58th Avenue in the amount of $3,572.61, as
recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
PETITION WATER SERVICE - MIIUFLORES UNIT TWO S/D (34TH
COURT SW) - CONFRUNUNG RESOLUTION
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
C -f
In the Court, was pub-
/�
lished in said newspaper in the issues of r d ��, % !7,5
_ 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
PUBLIC NOTICE
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
The Board of Coolly CamPossbnas 01 ltndat
Riva Ronde. Web1 mildes no" �
PIJBI�
advertisement for publication in the said newspaper.
Sworn: to andsubscrlbed before me this day 4 A,D..19
ecAelAied 9:06 AAL on
Tuesday - ocuiwunbars to , tglB.theCaetadtfhe CaC�
Butfbg 1 S1eM, Vero Beach, Florida,
_ of
to
SPE-
= Aa IiAENT CT lues: River
w ((Business Manager)
C�ppnrnlqy the t�letlorn of WATER SERVICE TO
MIRAFLORES UNIT TWO SUBDIVISION, and
..
prWldrna for ape" asseamtant lens to be made
- R.4^niF.\f.^•^'.-,!t !1:]'t'7ti?h:r]'IG-
State of rwr.W. k; r.: m- :■ : , a J:.:,.. _7. 'x:
Ofrreeooaarrddantepmperlleetobseerved:
Ydaeaed pedes may ePPea at IAB frlerilg and
(SEAL) ' r:,m nm. n ri.: •¢ w a.:as:. <
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be hard with respect 10 the proposed ordYnance
Anyons Who wants to Inspect the ordi-
n®IOB m�ay do so a the Oltloe of to b 1 that
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Baerd.18402ft StreM. Verb Beach. Florlde.
Art1rB"ym who mtq•wish to sppBhN any dadalon which
' w.,' 7:.Rn - -
man
4�t tie of the plooee lege need o made.
AW
WWad w5witte upon which
f lippedB '
Aryans who reeds a epedel eooarernodaUonn for
�=may ft Anrdrans
8000 408 sCoordinalar at 567-
t lead 46 hours In advaw of the
g6a
Sept. � � 191 ,123b6B2
BOOK 96 PAGE
OCTOBER 10, 1995 9
Ir -1
800K 96 P P
�G
The Board reviewed a Memorandum of September 29, 1995:
DATE: SEPTEMBER 29, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
PREPARED JAMES D. CHASTAIN
AND STAFFED MANAGER OF ASSES T PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN MIRAFLORES UNIT TWO
SUBDIVISION (34TH COURT, SW)
INDIAN RIVER COUNTY PROJECT NO. OW -95 -09 -DS
WIP NO. 473-000-169-268.00
RESOLUTION III - PUBLIC HEARING -
BACKGROUND
On September 19, 1995, the Indian River County Board of County
Commissioners approved Resolution I (95-124) and Resolution II (95-
125). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified of the public hearing by certified mail. Resolution I
(95-124) was published in the Vero Beach PRESS JOURNAL on September
25, 1995. (See attached agenda item and minutes of the above
meeting.)
ANALYSIS
Design of the water distribution system is complete. An
informational meeting was held with the property owners on
September 27, 1995. The project will serve 16 platted lots.
Approval of the attached Resolution III will confirm and approve
the preliminary assessment.
The attached map displays the area to benefit from the assessment
project. The total estimated cost to be assessed is $38,022.08.
The projected cost per square foot is $0.1091083. This project is
to be paid through the assessment of property owners along the
proposed water line route. In the interim, financing will be
through the use of impact fee funds.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
Dan Chastain, Manager of Assessment Projects, explained that
there are 16 1/2 -acre lots being assessed. An estimated assessment
has been mailed and an informational meeting was held. The total
assessment is $38,022.08, or .109083 per square foot. Interim
financing will be paid from impact fees and reimbursed through the
assessments. ,•
OCTOBER 109 1995 10
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
adopted Resolution 95-131 confirming the special
assessments in connection with a water main
extension to Miraflores Unit Two Subdivision and
providing for special assessment liens to be made of
record.
Public Hearing (Third Reso.) )Vlc/DC
J:
S r ; / IN THE RECORDS t?F
JEFFREY K CLERK CIRCUIT COURT
INDIAN RIVER CO.. FLA.
RESOLUTION NO. 95- 131
A RESOLUTION OF INDIAN RIVER-, COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH A WATER MAIN EXTENSION
TO MIRAFLORES UNIT TWO SUBDIVISION AND
PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE
MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95-124, adopted September 19, 1995,
determined to make special assessments against certain properties to be
serviced by a water main extension to Miraflores Unit Two Subdivision;
and
WHEREAS, said resolution described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
WHEREAS, the resolution was published in the Vero Beach Press
Journal on September 25, 1995, as required by Section 206.04, Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 95-125 on September 19, 1995, which set
a time and place for a public hearing at which the owners of the
properties to be assessed and other interested persons would have the
a00K 96 FACE 295
OCTOBER 10, 1995 11
published in the Press Journal Newspaper on Friday, September 22,
1995, and Friday, September 29, 1995 (twice one week apart; the last
being at least one week prior to the hearing) , as required by Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian
River County Code; and --
O
WHEREAS, the Board of County Commissioners of Indian River `"J
AM
County on Tuesday, October 10, 1995, at 9:05 a.m. conducted the -a
public hearing with regard to the special assessments;
co
W
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are
hereby
confirmed and approved,
BOOK 96
pAu 99
binding
RESOLUTION 95-131
properties
assessed until paid in
chance to be heard as
to any and all complaints as
to said project
and
seid special assessments, and for the Board to act as required
by
Section 206.07, Indian
River County Code; and
_
WHEREAS, notice
of the time and place of the
public hearing
was
published in the Press Journal Newspaper on Friday, September 22,
1995, and Friday, September 29, 1995 (twice one week apart; the last
being at least one week prior to the hearing) , as required by Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian
River County Code; and --
O
WHEREAS, the Board of County Commissioners of Indian River `"J
AM
County on Tuesday, October 10, 1995, at 9:05 a.m. conducted the -a
public hearing with regard to the special assessments;
co
W
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are
hereby
confirmed and approved,
and shall
remain legal, valid, and
binding
first liens against the
properties
assessed until paid in
full.
2. The Board finds that the properties assessed by this resolution
will receive special benefits equal to or greater than the cost of
the assessment.
3. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner
Adams, and the motion was seconded by Commissioner T i p p i n ,
and, upon being put to a vote, the vote was as follows:
OCTOBER 10, 1995 12
RESOLUTION 95-131
f
Chairman Kenneth R. Macht—
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
Aye
Aye
Aye
Absent
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 10th day of October, 1995.
e
Jeffft K. Barton.,.: u1ork
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN IVER CO N FLORIDA
By
Kenneth R. Macht
Chairman
PETITION WATER SERVICE - VERO GLEN S/D (32ND COURT -SW
SOU'T'H OF IST STREET SW) - CONFH MING RESOLUTION
VERO BEACH PRESS -JOURNAL
Published Daily
_ Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
PU11UC•NOTR;E
BoardOfCoudy of kt9art
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
fW-er
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
PUBLIC syg�� fpr& 06 � on
of t
edsalotl N, I=.the
l/nJ(J
a �–{"� i �'�
arify Adt trate
1.
Buil ft 1810 261)t Street, Vero Beach, Florida, to
s
CS
T PROJECT in Man Rim
.-- la fttreteletlatt of WATER MWICE To
in the matter of //�� t� CPiILGLEN
kmtl)bOrd From far rd m
ro be served.
Pirtle, at the neealg and
ba flBard
ryesI"
Inspect the prod ord-
.0 amey db Uta
In the Court, was pub-
Office of th Clerk to da
80841810250tStreet, Vero Block Florida.
lished in said newspaper in the issues Of�d •� 9. g 7 J
Alryarle who may wish Eo appeal any dedsiat wHdt
made at, ftmeednD wy need to we"
�, _
f PPL � is
d db
Aillilre who treads a special, aoaommoclaft Jar
9the 3
with Act Aatmed567-
Affiant further says that the said Vero Beach Press•Joumal is a newspaper published at
8000, Ext 408, at bast 48 haa6 in edvancie of the
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
Sept. 29,1995 12306&T
entered as second class mail matter at the post office in Vero Beach. in said Indian RimCoun-
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 sybaeribed before thi1 .219� of s4'i A.D. 19
qday
�f
r (BussWinegar)
SAPSAFAC
-
e(SEAW 4u mn:. n u GC L:Jf'
�jlull
BOOK 96 FA -1E 297.
OCTOBER 10, 1995 13
Bou 96 mi,JE 298
The Board reviewed a Memorandum of September 29, 1995:
DATE: SEPTEMBER 29, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCEG. PI
MANAGER OF AS S NT PROJECTS
DEPARTMENT OF ILITY SERVICES
PREPARED JAMES D. CHAST
'----
AND STAFFED MANAGER OF ASS ENT PROJECTS
BY: DEPARTMENT OF UT LITY SERVICES
SUBJECT: PETITION WATER SERVICE IN VERO GLEN SUBDIVISION
(32ND COURTv SW - SOUTH OF -IST STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -10 -DO
WIP NO. 473-000-169-269.00
RESOLUTION III - PUBLIC HEARING
BACKGROUND
On September 19, 1995, the Indian River County Board of County
Commissioners approved Resolution I (95-122) and Resolution II (95-
123). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified of the public hearing by certified mail. Resolution I
(95-122) was published in the Vero Beach PRESS JOURNAL on September
25, 1995. (See attached agenda item and minutes of the above
meeting.)
ANALYSIS
Design of the water distribution system is complete. An
informational meeting was held for the benefit of the property
owners on September 26, 1995. The total estimated cost to be
assessed is $38,371.31. The cost per square foot is $0.12545096.
Approval of the attached Resolution III will confirm and approve
the preliminary assessment. The attached map displays the area to
benefit from the assessment project. This project is to be paid
through the assessment of property owners along the proposed water
line route. In the interim, financing will be through the use of
impact fee funds.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
Dan Chastain, Manager of Assessment Projects, explained the
project encompasses 16 lots with only 15 being assessed as one has
previously paid fees. The total project cost is $38,371.31, or
.125450960 per square foot.
OCTOBER 10, 1995 14
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
adopted Resolution 95-132 confirming the special
assessments in connection with a water main
extension to Vero Glen Subdivision and providing for
special assessment liens to be made of record.
Public Hearing (Third Reso.) 9/19/95�riaso\varoglan)Vk/DC
CP y'"
�1
IN THE RECORDS OF
JEFFRRESOLUTION NO. 95- 132 CLERK CIRCUK.ITCOUtRT
INDIAN RIVER CO., FLA.
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH A WATER MAIN EXTENSION
TO VERO GLEN SUBDIVISION AND PROVIDING FOR
SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95-122, adopted September 19, 1995,
determined to make special assessments against certain properties to be
serviced by a water main extension to Vero Glen Subdivision; and
WHEREAS, said resolution described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
WHEREAS, the resolution was
published
in
the Vero Beach
Press
Journal on September 25, 1995, as
required
by
Section 206.04,
Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 95-123 on September 19, 1995, which set
a time and place for a public hearing at which the owners of the
properties to be assessed and other interested persons would have the
j , Q 8I -
EA00 K f [ A",
"r ,
OCTOBER 109 1995 15
11m 96 [,,� E:300
RESOLUTION 95-132
chance to be heard as to any and all complaints as to said project and
said special assessments, and for the Board to act as required by
Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, September 22,
1995,
and Friday,
September
29,
1995 (twice one
week apart;
the last
being
at least one
week prior
to
the hearing) , as
required by
Section
206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County on Tuesday, October 10, 1995, at 9:05 a.m. conducted the
public hearing with regard to the special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
3. The Board finds tht the properties assessed by this resolution will
receive special benefits equal to or greater than the cost of the
assessment.
4. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner
Bird , and the motion was seconded by Commissioner T i p p i n ,
and, upon being put to a vote, the vote was as follows: ,
OCTOBER 10, 1995
RESOLUTION 95-132
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
Aye
Aye
Aye
Absent
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 10th day of October,
Vol"
e4?�r'
N _
4e freBart , Cl
�y �C
Attachment: ASSESSMENT ROLL
1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN I ER C Y, FLORIDA
By
Kenneth R. acht
Chairman
AUDIONIDEO PRESENTATION SYSTEM FOR BOARD CHAMBERS
The Board reviewed a Memorandum of September 28, 1995:
Date: September 28, 1995
To: HoVrable Board of County Commissioners
Thru : James E. Chandler
County Administrator
From: H. T."Sonny" Dean, Director
Department of General Services
Subj: Audio/Video Presentation System for Board Chambers
Earlier this year the Board requested staff to look for a system to display presentations during
meetings in chambers which could be easily viewed by both the Commissioners and audience.
In August of this year Central Audio Visual, Ines, (CAV) demonstrated to staff and some
Commissioners, an electronic system designed to accommodate presentations by projecting, maps,
photographs, and other objects onto a screen or TV monitor. The equipment demonstrated was
capable of providing a means to display any item, including video tapes, during any type
presentation
In working with CAV, staff is proposing the purchase of two ten (10) foot screens to be installed
from the ceiling on the west and east walls, a monitor located ifi front of the dias along with the
camera and peripheral equipment. This plan will provide all equipment necessary to provide good
visibility of materials displayed for everyone in attendance.
The camera unit used for pick-up and display of the objects will be located on the east end of the dais
and can be operated by someone in that area without interfering with anyone's view of the display.
C:)
v
O')
BOOK 96 F -AGE "M
OCTOBER 10, 1995 17
am 9 ?A :E O
This equipment is presently on a Palm Beach County School Board contract and can be purchased
without having to develop specifications and going to bid. Staff has compared unit prices with other
vendor's and it appears the Palm Beach County School Board contract is good. Total cost for
equipment and installation will not exceed $20,000.
Should this equipment be installed, the ceiling and lighting in the Board Chambers needs renovating
to better accommodate the proposed presentation equipment as well as all video recording in this
room. The lights need to be zoned off to facilitate control during any presentation or video
recording. We presently have enough fluorescent light fixtures in storage to do this work but will
need the ceiling gird and tiles installed by a contractor. Estimated cost for this work is $2500
including materials and labor. The electrical and mechanical can be performed by staff.
This total project expenditure will qualifXfor funding from the one cent optional sales tax according
to our legal staff.
If the Board's decision is to purchase and install the presentation equipment, staff recommends the
ceiling and light work be included with the approval.
Director of General Services Sonny Dean presented the project
to the Board and advised the total cost would not exceed $22,500.
Commissioner Adams questioned two 10 foot screens for the
audience with a 27 inch screen for the Board and requested
something larger.
General discussion followed regarding possible solutions to
the problem.
Commissioner Bird then questioned the timing on the project,
and Director Dean advised the project would be completed by the
last week of this month.
Charman Macht confirmed that no meetings will be scheduled
for the last Tuesday in October.
I
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved purchase of the electronic system described
in staff's memorandum in an amount not to exceed
$20,000 and approved ceiling and light renovations
in an amount not to exceed $2,500, as recommended by
staff.
EMPLOYEE SOLICITATION
The Board reviewed a Memorandum of September 29, 1995:
..................................................................
To: Board of County Commissioners Date: September 29, 1995
Through: James Chandler,
County Administrator
From: Jack Price, PersonnelkL,-,-,, Sub: Employee Solicitation
. . . . . . . . . . . . . . . . . . ---'-'--- - ' - - - --2 --- - ' ... . . . . . . . . . . . . . . . . . . . . . . . .
.................. ..
The attached letter from Mr. R. J. MacMillan requests Board of
County Commissioners consideration of his request to solicit
contributions from employees for a charity he represents. i
OCTOBER 10, 1995 i s
County administrative policy AM -604.1, SOLICITATION AND
DISTRIBUTION, generally prohibits solicitation and requires Board
of County Commission authorization of general fund drives. The
only agency currently authorized to solicit from employees is the
United Way of Indian River County. Also, posters are placed in
county work areas for activities which are a part of county
government, such as a Veterans Service golf tournament to finance
programs for local veterans.
There are requests every week from those wishing t6 solicit from or
distribute material to employees during their working hours. So%6
are extremely worthwhile. They range from charitable organizations
to commercial activities. The County response to the requests -h -as
been consistent with the policy.
The Board of County Commissioners is asked to reconfirm the -current
policy and practice relative to solicitation and distribution, or
to direct staff to revise them.
RECOMMENDATION:
Continue the present practice. However worthwhile causes may be,
determining which will have access to County employees and which
will not would be difficult. There is also the question of how
much paid work time should be provided for solicitation. The
current practice endorses the "one solicitation" concept for
community giving and the United Way does that most effectively.
Personnel Director Jack Price advised that representatives
from "Twogether for Life" representing the American Cancer
Society/American Heart Association are here to answer any
questions, as well as representatives from United Way.
Administrator Chandler advised that the policy has been that
United Way is the only entity currently allowed to do presentations
and use payroll deductions from County employees. The major
concern is that there are a -lot of worthwhile organizations who
request the privilege and the number of solicitations per year must
be limited. If you permit one, it will be difficult, if not
impossible, to make a determination.
Chairman Macht felt that the existing policy is sound;
however, there is a distinction for this group in the fact that
they represent the #1 and #2 killers in the United States by a
large margin.
R. J. MacMillan, a Twogether For Life Volunteer, felt that
they offer an advantageous program for County employees' health and
they can also take advantage of payroll deductions and tax credits
for their donations. United Way is a great organization and they
feel that because United Way only serves the local area,
contributions to Twogether for Life -have never hurt United Way
contributions. In other areas, United Way donations have increased
when Twogether for Life has also been allowed to present their
cause.
Commissioner Adams felt it is a worthwhile effort and
emphasized that she contributes to both organizations. However,
she felt that one of the main reasons the County has accepted
United Way is that it is a local project, with very little money
leaving the county. It also gives employees an opportunity to see
Born 96 i'A,.(;E 303
OCTOBER 10, 1995 19
BOOK 96 PA. 04
what is being done locally with their payroll deductions.
Director Price advised that the payroll department is not
equipped to handle additional payroll deductions other than those
designated through the United Way.
Chairman Macht inquired what it would take to add additional
payroll deductions, and Director Price responded that it would not
be terribly difficult.
Commissioner Adams opined -that it would open a Pandora's box
as the County employees are a captive audience and the Board would
then be subject to more criticism. She felt we need to stick to
our existing policy.
Commissioner Bird inquired whether the County has ever allowed
inclusion of brochures in pay envelopes to reach the employees, and
Director Price responded that has not been allowed. The County
employees can be reached at home, of course, but no other form of
solicitation is permitted at work.
Commissioner Bird agreed that the existing policy of allowing
presentations only by United Way should continue but would like to
see more deductions made available to employees.
Janie Newber, volunteer president of United Way, advised that
United Way would not want to be an adversary to any other
worthwhile cause but does want to be sure that they can continue to
make presentations and utilize payroll deductions from County
employees.
Commissioner Tippin agreed that the existing policy should be
followed in view of the difficulty in finding some way to make a
judgment between worthy charities.
Chairman Macht stated that he is more sensitive to the problem
as he has had a heart attack and been saved from a serious
operation by,a Heart Association program. However, in view of the
comments and the difficulty with the payroll system, he felt the
existing policy should be continued and he would support the two
groups personally.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Adams, that the Board confirm the
current policy and practice endorsing the "one
solicitation" concept for the United Way relative to
solicitation and distribution of charitable
materials, and request the Payroll Department to
initiate a program for additional payroll deductions
to the American Cancer Society/American Heart
Association should employees desire to make such
contributions.
OCTOBER 10, 1995 20
� r r
Commissioner Bird felt the worksite solicitation should be
denied. He then questioned whether policy allows printed materials
to be posted on the bulletin boards, and Director Price responded
that we have not allowed this in the past. These are solely for
employee information and not for the public.
Chairman Macht did not think it should be the policy to
isolate County employees but felt they are mature enough to make
these decisions for themselves.
Commissioner Bird suggested that materials be allowed on the
bulletin boards for brief periods of time on a limited basis.
Director Price felt this practice would create a tremendous
burden on the department asked to decide who is eligible and who is
not. Approaches are made every week by numerous organizations;
such as, selling apples for the band, donations to an operation for
someone who is not insured, and various local and national
charities.
Commissioner Adams reasoned that there is ample opportunity
for these organizations to contact the employees outside of the
workplace and that just because someone works for the County, they
should not be made a sitting duck for solicitations.
Chairman Macht emphasized that the motion for additional
payroll deductions is limited to American Cancer Society/American
Heart Association.
THE CHAIRMAN CALLED THE QUESTION and the
Motion carried unanimously by a 4-0 vote
(Commissioner Eggert being absent).
MAINTENANCE MAP FOR POMM12 E ROAD 70TH AVENUE
BETWEEN CR -510 AND BARBER STREET
The Board reviewed a Memorandum of September 28, 1995:
TO: James E. Chandler,
County Administrator
September 28, 1995
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT., Approval of Maintenance Map for Powerline Road (70th
Avenue)Between CR510 and Barber Street
DESCRIPTION AND CONDITIONS
Powerline Road (70th Avenue) is an unpaved street bounded by CR510 on the
South and Barber Street, shown on the plat of Sebastian Highlands, Unit 17, on
rot 96 f'+"!'tI
OCTOBER 10, 1995 21
BOOK 96 FADE -30
the North. It is a marl road varying between 18 and 20 feet in width, used mostly'
by grove owners for access. It lies about one-half mile west of Lateral A (66th
Avenue). _
Attention was drawn to it by the Utilities Department's desire to place a waterline
loop in it, and their wanting to have some legal documentation of their right to do
SO.
Indian River County constructed the road, and the Road and Bridge Division has
continuously maintained it for more than four years.
The attached maintenance map is the result of a location survey to determine the
limits of the roadway.
RECOMMENDATIONS AND FUNDING
Staff recommends the Chairman approve the maintenance map for Powerline
Road so that it can be filed with the Clerk of the Court for Indian River County.
The only funds expended at this time will be for filing of the map. -
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the maintenance map for Powerline Road for
filing with the Clerk of the Court for Indian River
County, as recommended by staff.
1995-96 WATERWAYS ASSISTANCE PROGRAM PROJECT - (FIND) -
ENVIRONMENTAL LEARNING CENTER
The Board reviewed a Memorandum of September 27, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: 1995-96 Waterways Assistance Program Project
Environmental Learning Center - IR Project # 95-18
REF. LEITER: David K. Roach, to Jim Davis dated Sept. 21, 1995
DATE: September 27, 1995
DESCRIPTION AND CONDITIONS
Attached for execution by the Chairman of the Board of County Commissioners
are two original agreements for -FIND approved Waterways Assistance Program
project(s). FIND has approved a grant to the Environmental Learning Center in'
the amount of $17,265 for Intracoastal Waterway Waterfront Improvements. '
OCTOBER 10, 1995
i
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Execution of the attached agreements.
Alternative No. 2
Deny the Chairman to execute the agreements.
RECOMMENDATIONS AND FUNDING
Staff' recommends the Chairman execute the attached agreements. No funding is
needed, the project will be funded by the Environmental Learning Center.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
approved the project Agreements with the Florida
Inland Navigation District for Intracoastal W4terway
Waterfront Improvements, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
DEVELOPER'S AGREEMENT - CONSTRUCTION OF LEFT TURN
LANES AT 82ND AVENUE - SR -60 INTERSECTION -
GATOR TRUCK STOP - FELDMAN & KASSAB. TRUSTEES
The Board reviewed a Memorandum of October 3, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Directo
SUBJECT: Developer's Agreement to Construct Leff Turn Lanes at 82nd Avenue/SR60
Intersection - GATOR TRUCK STOP
REF. LETTER: David Feldman to James W. Davis dated 10/02/95
DATE: October 3, 1995
DESCRIPTION AND CONDITIONS
When site improvements to the Gator Truck Stop (located at the southwest corner
of SR60 and 82nd Avenue) were approved in 1993 by the County, right-of-way
Improvements were required to construct a northbound left turn lane into the site.
At that time, the County was also designing a left turn lane for the south approach
to the SR60/82nd Avenue intersection. Since the projects overlapped along 82nd
Avenue, staff proposed a Developers Agreement whereby the Developer and
County would cost share and consolidate the two projects into one. Due cos ►q
BOOK W6 FAG€ +.�0d
OCTOBER 10, 1995 a 3
BOOK 96 PAGE 308
dispute and financial problems with the project, certain improvements to the
Gator Truck Stop were completed prior to a resolution on the 82nd Avenue
widening project. County staff has been patiently working with the developer to
resolve the issue, and the attached Developers Agreement is now submitted for
consideration. -
ALTERNATIVES AND ANALYSIS
The attached Developers Agreement provides for the Developer funding
$32,302.68 and the County funding $84,525.57 to accomplish one complete
project costing $116,828.25. Plans have already been prepared. The above costs
are based upon a construction proposal acquired in 1993 by the Developer from
Fischer and Sons Construction, Sebastian, FL. Staff would propose publicly
bidding the project.
The following alternatives are as follows:
Alternative No. 1
Approve the Developer's Agreement and authorize the Chairman's -
signature. A check from the Developer is currently being held by the
County in escrow. Authorize staff to bid the project.
Alternative No. 2
Not approve the agreement.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended. Funding of the County's share is to be from
District 8 Traffic Impact Fee Fund 158.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Tippin, that the Board approve the
Developer's Agreement with David Feldman, Sasson
Kassab, as Trustees for 82nd Avenue widening North
of SR -60 and 82nd Avenue widening South of SR -60 and
authorize staff to bid the projects, as recommended
by staff.
Under discussion, Commissioner Adams questioned whether it is
included in the agreement that some part of the back parking lot
will be paved, and Public Works Director James Davis advised that
the agreement does include paving the apron but does not include
paving the parking lot. This has been discussed with the developer
and staff hopes he will continue with his phasing plans and pave
the rest of the lot.
THE CHAIRMAN CALLED THE QUESTION and the
motion passed unanimously by a 4-0 vote
(Commissioner Eggert being absent).
AGREEMENT IS -ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
OCTOBER 10, 1995 INN -
LEGISLATIVE DELEGATION MEETING.- COUNTY ISSUES
The Board reviewed a Memorandum of October 4, 1995:
TO: Board of C(ouunty, Commissioners October 4, 1995
_ ` V
FROM: Charles P. Vitunac, County Attorney
RE: County Issues for Legislative Delegation Meeting
At the direction of the Board all department heads were asked to suggest
items which may need legislative action so that the County can present them
to the local Legislative Delegation on October 18, 1995, at City Hall. The
requests I have received so far are as follows:
1. A request from Commissioner Eggert and the Indian River County Law
Library Committee that we take necessary action to increase the County
Law Library filing fees for those cases over $2,500 from $6.00 up to
$20.00. Attached is a copy of the Special Act which needs to be
amended and the suggested changes.
2. A request from Commissioner Adams on behalf of Bill Thomas of 12535
Highway AlA, Vero Beach, to amend a single word in a Special Act
relating to the harvesting of oysters along the shoreline of the Indian
River. The word "oysters" would be changed to "shellfish." A copy of
this Special Act is also attached.
3. A request from Joe Baird, OMB Director, to change the law on optional
sales tax to allow counties that are not charter governments to be able
to use the proceeds to pay off existing bond debt.
4. A request from Joe Baird, OMB Director, to have the state pay more of
the court costs.
5. A request from Joe Baird, OMB Director, to authorize interim service
fees.
6. A request from Joe Baird, OMB Director, to allow counties to collect a
franchise fee from telephone companies in the same manner that cities
are already authorized to do.
Requested Action: Respectfully request direction from the Board concerning
which items to present to the local Legislative Delegation on October 18,
1995.
County Attorney Vitunac advised there are 6 issues for which
direction is needed from the Board as to which to present to City
Hall on the 18th of this month. The first 2 items are special
acts; the first of which is recommended by the Law Library Advisory
Committee. It would raise the filing fee for those county court
cases between $2,500 and $15,000 from the present $6 per case to
$20 per case with the funds being used to fund books in the new law
library at the Courthouse. The second is a request to change the
word "oysters" to "shellfish". In other words, harvesting of
shellfish within 75 feet of the shoreline would be prohibited
without the permission of the shoreline owner.
BOOK 96 PAGE300
OCTOBER 10, 1995 25
BOOK 96 PAJE 319
Attorney Vitunac advised that the last 4 items were suggested~
by OMB Director Joe Baird who is here to answer any questions.
Director Baird stated that County Attorney Vitunac had asked
for input from staff and he kept a list of each item brought up by
the Board in the last year or two that affected his area. The
County had wanted to utilize optional sales tax funds to pay the
bond debt but the law only allows chartered counties to utilize
these funds in this manner. The Board had mentioned that should be
changed so that all counties would be allowed to utilize optional
sales tax funds.
Commissioner Adams questioned whether the law had been changed
to allow small counties to use optional sales tax proceeds, and
Director Baird responded that they are allowed to use it for
operating if their population is under 50,000.
Commissioner Bird asked Director Baird to elaborate on #6, and
Director Baird advised that the law was passed years ago for cities
to be able to get a franchise tax from telephone companies, but
omitted counties. The unincorporated area of the county does not
have the ability to collect franchise fees and the law should be
changed to be consistent.
Commissioner Adams believed a recent case where the County
contributed some legal funds with FAC (Baker County vs FPL), was a
very similar issue in that Baker County assessed a franchise fee on
a utility for use of a right-of-way within the county and FPL said
you cannot do that. The court said they could. That case has been
appealed but the implications of that case probably will allow that
right to counties without legislative action.
Administrator Chandler felt that the difference between this
item and the Baker County case was that the electric companies in
that portion of the state attempted to apply their own
interpretations of the law on electric franchise fees. Here, there
is a specific prohibition in the law as relates to counties.
Chairman Macht believed that makes management of telephone
companies more forthcoming and more attentive to local concerns.
Director Baird advised that utilities, cable and telephone
companies are using our rights-of-way free while others have to
pay.
Commissioner Adams questioned Dawn Smith of Representative
Sembler's office in regard to the Board's concern about tax exempt
organizations having records which are not available in the
V,
Property Appraiser's office to verify that they are tax exempt.
OCTOBER 10, 1995 I" -
. r
She understood that, at the request of Mr. Zorc, Ms. Smith had done
some research that revealed there are only a few counties (Indian
River being one) that have their records closed.
Dawn Smith of Representative SemblerIs office advised that
most larger counties have their records open to the public.
Chairman Macht stated that certainly is inconsistent with what
we have been told and flies in the face of the law if we have been
rightly informed about the effect of the law.
Commissioner Adams believed there are less than half a dozen
counties which have their records closed.
Chairman Macht requested the County Attorney to research the
issue, and County Attorney Vitunac ady,sed that, his office had
talked personally to the Attorney General's Office who had given
them a written opinion saying Property Appraiser Nolte was
following the law correctly. County Attorney Vitunac was amazed to
find out 63 other counties chose differently and advised he will
call the Attorney General's Office again.
Commissioner Adams expressed thanks to Dawn Smith for her
efforts on behalf of the County and its citizens and commended her
for being very responsive to requests.
Director Baird suggested the County should be actively
involved in a task force on court costs in an effort to help get
court costs back up to the State level. This is a local financial
hardship and it makes for hard feelings between the judges and the
County. The County should not be paying these costs but does when
the State will not pay and we are trying to limit the costs.
County Attorney Vitunac advised that Commissioner Carolyn
Eggert is not in favor of #3 allowing optional sales tax funds to
pay off old bond debt.
Director Baird questioned whether the Board wanted to include
the partial year assessment item, and Commissioner Adams advised
that FAC has included that item as #1 on their list.
Commissioner Adams noted that Item #5 is listed as "interim
services fees", and Director Baird advised that should be corrected
to read "partial year assessments".
Commissioner Adams reminded the Board that they had determined
interim services fees were illegal but felt that would be a logical
next step if the partial -year ad valorem tax is not available.
Administrator Chandler stated that a special committee had
reviewed interim service fees and found there to be so many hurdles
involved that it would be next to impossible to manage. However,
if partial year assessments are not addressed by the legislature,
we do have that alternative available to us.
BOOK 96 mu -311
OCTOBER 10, 1995 27
MOK 96 PACE 312
Commissioner Tippin advised the Treasure Coast Council of
Governments made a legislative list several weeks ago and it does
include most of these items. That list also included the
adjustment of homestead exemption. He felt the lists must be kept
before the Legislature and that, at a later time, some prioritizing
of the list will need to be done.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
directed County Attorney Vitunac and OMB Director
Baird to present the listed items as amended to the
local Legislative Delegation on October 18, 1995.
1996 FLORIDA ASSOCIATION OF COUNTIES' LEGISLATIVE =
PROGRAM
The Board reviewed a handout regarding the November 29 -
December 1, 1995, FAC 1996 Legislative Conference to be held in
Tallahassee, Florida.
FAC 1996 Legislative Conference
November 29 - December 1
Florida State Conference Center
Tallabassee; Florida
Congress is in a heated debate about its "partner-
ship" with state and local governments. In response, the
Florida Legislature has the responsibility of re -ordering the
governmental scheme at a time of scarce state resources.
The potential impact upon the finances and services in your
county is enormous.
At the FAC Legislative Conference, delegates from
Florida's counties will be gathering to formulate legislative
positions and action plans to address this critical situation.
Now, perhaps more than ever, your participation in
the Association's legislative program is crucial. Input
during this important meeting can play a key role in our
legislative platform and in the work of the Florida
Legislature during these watershed years. All county
owls should plan to attend
Three valuable seminars will also be offered: I) The
Fiscal Outlook for Counties and their Intergovernmental
Partners; 2) Primlization; and 3)Row You Can Improve Your
Communication Style.
Conference Site: Florida State Conference Center
(Across from the Civic Center)
Tallahassee, Florida
Conference Hotel: Ramada Inn North
2900 North Monroe Street
Rates: $66 Singlc/Double
Hotel Reservations: By November 7, 1995
Call (904) 386-1027
OCTOBER 10, 1995 � -
Chairman. Macht felt we need to get input to our
representatives and requested an updated list from each department
of the cost to the taxpayer of state mandates with a good overview
of where the money goes. In order to protest the silly permitting
burdens, we need to be armed with the appropriate data.
CONSENSUS was reached that staff be directed to prepare an
updated overview of state mandated funds, including which agencies
receive such funds and in what amounts.
FALCON CABLE TELEVISION
The Board reviewed a Memorandum of October 9, 1995:
DATE: October 9, 1995
TO: BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER, CO YMINISTRATOR
FROM: TERRANCE G PI
DIRECTOR OF UTIL ERVICES
SUBJECT: FALCON CABLE
This memo is to advise you of the excessive complaints our
Department is receiving regarding Falcon Cable's service and
quality of reception.
when we receive a complaint regarding service or reception, we
contact Falcon Cable immediately. The explanations Falcon has
given us as to why customers are experiencing so many problems are
unreasonable and unacceptable (i.e., not enough staff, faulty or
old equipment).
It is my recommendation that we schedule a public hearing to
_ require Falcon Cable to take immediate steps to rectify the
problems with their system and to consistently provide the service
as is required per Section 18 of Ordinance 82-7.
If the cable company refuses to comply with the service
requirements, we may recommend enforcement that may result in
revoking their franchise.
Chairman Macht advised that there has been a plague of
complaints in north county, extending_ to Grand Harbor, which has
been on-going for a couple of years. He felt it is time for the
Board to do something and requested an authorization to sign a
letter directed to Falcon Cable.
Director of Utility Services Terry Pinto suggested it is time
to deal directly with the parent company in California as the local
office advises their hands are tied.
Chairman Macht felt the County should not accept any excuses
and that it was a very good suggestion to involve the parent
office.
Boa 96 PnE313
OCTOBER 10, 1995 29
Boa 96 ptu-314
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board by a 4-0 vote
(Commissioner Eggert being absent) unanimously
authorized the Chairman to execute the proposed
letter to the Falcon Cable parent company in
California, with a copy to the local office,
requesting that Ken Vickers appear before the Board
on October 24, 1995. - --
FAC SELECT COMM TTEE ON WATER POLICY MEETING
Chairman Macht inquired whether we need to be represented at
the St. Johns' meeting.
CONSENSUS was reached that it was not necessary to send a
representative from Indian River County. -
WABASSO CAUSEWAY -.TET SKI RENTALS
Commissioner Adams advised she has received complaints
regarding the jet ski rentals at the Wabasso Causeway. The Board
had previously decided this would not be allowed and she felt it is
an accident waiting to happen.
Commissioner Bird inquired what particular operation was being
targeted, and Commissioner Adams advised that the complainant did
not give the name of the business.
Community Development Director Bob Keating advised that staff
will be coming before the Board with the Wabasso Corridor plan
which will contain recommendations for no commercial activities.
He is aware there are a couple of businesses that do have offsite
locations where they rent sailboards and jet skis which they then
bring to the Causeway location.
Commissioner Adams felt that is skirting the law and opens the
County to an opportunity for great liability. -
Commissioner Bird emphasized that is a public body of water
with a public boat ramp. He felt this is a very popular water
sport where many people might enjoy renting but cannot afford to
buy. There are many types of boat sales organizations who use the
public ramp. As long as they have a legitimate place of business,
they should have the right to use the public launching facility,
the same as an individual taxpayer. The original business
considered by the Board was proposed to be onsite and the
consideration was that the County ordinance says you may not do
business from a county park.
OCTOBER 10, 1995 � -
t
Chairman.Macht questioned whether the business has an offsite
office but then takes the equipment in a trailer to the Causeway
multiple times, and Director Keating responded that he was unclear
on the exact manner of doing business.
Chairman Macht suggested the matter be deferred for public
discussion for a week or two to give staff an opportunity to find
out how the business is conducted.
CONSENSUS was reached that the matter be deferred for at least
one week and that staff be directed to prepare a report on how the
businesses are conducted and report back to the Board.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:03 a.m.
ATTEST:
J.'K-.--Barton, Clerk
Minutes Approved: J
OCTOBER 10, 1995
31
�nneth R. Macht, Chairman
BOOK 96 W," -L-315