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Home My WebLink About2/6/1996� MINUTEAKTTACHED = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, FEBRUARY 6, 1996 9:00 A.M. - COUNTY COMMISSION CHAMBER -- County Administration Building 1840 25th Street Vero Beach, Florida Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Kenneth R. Macht (District 3) John W. Tippin (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. ('AT.L. TO ORDER PAGE 3. PLEDGE OF Ai.LEGIAMM : Comm. Kenneth R. Macht 4. A DI I FQNq to the AGR NCY i7'EM� 7-D Delete 13-C Treasure Coast Job Training Consortium 13-D-2 Payroll deduction for American Cancer Society donations 13-D-3 FACo bulletin re recovering Judicial Court costs 5. PROCLAMA ON jand PRESENTATIONS A. Presentation of Proclamation to Treasure Coast Shamrock Club Upon Establishment of a Sister County in Ireland 1 B. Presentation of Proclamation Honoring Sesqui- centennial Coordinating Committee for Indian River County 2 A. Regular Meeting of January 9, 1996 B. Regular Meeting of January 16,1996 A. Received & Placed on File in Office of Clerk to the Board: Fellsmere Water Control District List of Bi -Monthly Meeting Dates for FY `96 Financial Audit & Financial Report for year ended 9/30/95 8. 9:05 A.M. 9. 7. CONSENT AGENDA (on 'd 1• PA B. Reappointment of Clifford J. Sudwd to Code Enforcement Board (letter dated February 7, 1996) 3 C. Progress Report & Reimbursement Invoice 1995 Planning Grant Invoice #4 (memorandum dated January 19, 1996) 4-11 D. 26th St. R -O -W Acquisition; Parcel #107 (memorandumdated January 17, 1996) 12-15 E. Request for Extension of Walkers Glen West S/D Ph. 2 Land Development Permit (memorandum dated January 17, 1996) 16-21 F. Dock License Agreement - Country Club Pointe S/D (memorandum dated January 30, 1996) 22-25 G. SHIP Program - Authorization for Community Development Director or His Designee to Execute Subordination or Satisfactions of Mortgage with Respect to SHIP Loans (memorandum dated January 24, 1996) 26-27 H. Miscellaneous Budget Amendment #012 (memorandum dated January 31, 1996) 28-29 I. Surplus Real Property (memorandum dated January 30, 1996) 30-31 J. Equipment for Surplus Sale (memorandum dated January 16, 1996) 32-33 K. Cancellation of Outstanding Taxes (memorandum dated January 29, 1996) 34 None A. PUBLIC NFAgiNG 1. Peter Beuttell's Request for Planned Development (PD) Special Exception Use & PD Plan Approval for an Agricul- tural PD to be Known as Trails End S/D (memorandum dated January 26, 1996) 35-51 va 97 PALE. 168 IMP ® - 9. PUBLIC ITEMS (conte PAG A. PUBLIC HEARINGS (cont'd 1 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING REGULATIONS GOVERNING WHEELCHAIR SERVICES (memorandum dated January 31, 1996) 52-56 3. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 105.01 OF THE INDIAN RIVER COUNTY CODE TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PUR- CHASE REAL PROPERTY ON BEHALF OF THE COUNTY COSTING $5,000 OR LESS (memorandum dated January 31, 1996) 57-61 B. 111BLIC DISCUSSION rrEMS Request by Anthony Masi to Discuss the "Old Court House" (letter dated January 23, 1996) 62-64 10. COUNTY DMITTISTIRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community 11mminnment 1. Condemnation, Demolition & Removal Of Unsafe Structures (memorandum dated January 5, 1996) 65-68 2. Proposed Purchase of Prang Island LAAC Site (memorandum dated January 30, 1996) 69-124 B.F•mer=cy Services None C. Geners l Services None D.i •e hnre S rviem None E. Office of Menagment an Rudget Health&ife Insurance (memorandum dated January 31, 1996) 125 Bm 9 7 wk;[169 BOOK 97 PAGE 170 11. DEPARTMENTAi. MATTERS (cont'd.): PAGE F. Persnnnel None G. Public Works 1. Professional Engineering Services Agree- ment - 43rd Ave. Five Lane Widening (memorandum dated January 25, 1996) i26-143 2. Fleet Management Underground Fuel Tank Remediation / Reimbursement of County Expenditures (memorandum dated January 31, 1996) 144149 3. Traffic Impact Fee (TIF) District 5 Fund- ing for City of Vero Beach 21 st Street Widening Between 19th Ave. & 14th Ave. Budget Amendment #011 (memorandum dated January 17, 1996) 150-153 H. Thilities 1. Petition for Water Service in a Portion of Suburban Acres Subdivision (34th Terrace South of 8th Street) (memorandum dated January 18, 1996) 154162 2. Petition Sewer Service -129th St. (between Old Dixie and Riverside Drive), Res. I & II (memorandum dated January 16, 1996) 163-170 12. COUNTY ATTORNEY None 13. COM U IO . .MC A. Chikirman Fran R- Adams B. Vice Chairman C'ambmK_ Eggert Indian River County Main Library Report 171-181 C. Commissioner Rich rd N B'rd 13. COMMISSIONERS ITEMS (cont'd j: PAGE D. Commissioner Kenneth R Macht Indian River Memorial Hospital Special District (memorandum dated January 30, 1996) 182-187 E. Commissioner John W. Tinjin IT41711 I None B. Solid Waste DiQposal District None C. Environmental Control Board 1. Approval of Minutes - Meeting of 1 U7/95 2. Quarterly Report for Oct. - Dec., 1995 188-190 3. Satisfaction & Release of Lien of Judgment (memorandum dated January 18, 1996) 191-193 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. Meeting broadcast live on. TCI Cable Channel 13 - rebroadcast 5: 00 p.m. 77wsdW though 5.00 p.m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening BOOK 97 PAf•E 171 INDEX TO MINUTES February 6, 1996 Regular Meeting of the Board of County Commissioners ADDITIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . 1 PROCLAMATION - Treasure Coast Shamrock Club . . . . . . . . . 1 PROCLAMATION - Honoring Sesquicentennial Coordinating Committee for Indian River County . . . . . . . . . . . 2 APPROVALOF MINUTES . . . . . . . . . . . . . . . . . . . . . 3 CONSENTAGENDA . . . . . . . . . . . . . . . . . . . . . . . 4 A. Received & Placed on File in Office of Clerk to the Board: . . 4 B. Reappointment of Clifford J. Suthard to Code Enforcement Board . . . . . . . . . . . . . . . . . 4 C. Progress Report & Reimbursement Invoice - 1995 Planning Grant Invoice #4 . . . . . . . . . . . 4 D. 26th Street Right -of -Way Acquisition - Parcel #107 - Hamilton (Deleted) . . . . . . .6 E. Extension of Walkers Glen West S/D Phase 2 LandDevelopment Permit . . . . . . . . . . . . . . 6 F. Dock License Agreement - Country Club Pointe Subdivision . . . . . . . . . . . . . . . . . . . . 7 G. SHIP Program - Execution of Subordination or Satisfactions of Mortgage on Home Loans . . . . . . 8 H. Miscellaneous Budget Amendment 012 . . . . . . . . 10 I. Authorization to Surplus Real Property . . . . . . 12 J. Authorization to Surplus Equipment . . . . . . . . 13 R. Cancellation of Outstanding Taxes - 5 Resolutions 15 PUBLIC HEARING - BEUTTELL REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PD PLAN APPROVAL FOR AGRICULTURAL PD -- TRAILS END S/D . . . . . . . . . . 26 PUBLIC HEARING - ORDINANCE AMENDING REGULATIONS GOVERNING WHEELCHAIR SERVICES . . . . . . . . . . . . . . . . . 35 PUBLIC HEARING - ORDINANCE ALLOWING COUNTY ADMINISTRATOR TO HANDLE SMALL PURCHASES OF RIGHT-OF-WAY UNDER $5000 40 STATUS OF OLD COURTHOUSE - ANTHONY MASI . . . . . . . . . . 44 CONDEMNATION, DEMOLITION & REMOVAL OF UNSAFE STRUCTURES . . 47 PROPOSED PURCHASE OF PRANG ISLAND - LAAC SITE . . . . . . . 57 HEALTH/LIFE INSURANCE . . . . . . . . . . . . . . . . . . . 63 43RD AVENUE 5 LANE WIDENING - ENGINEERING SERVICES AGREEMENT - CARTER ASSOCIATES, INC . . . . . . . . . . . . . . . . 65 FLEET MANAGEMENT UNDERGROUND FUEL TANK REMEDIATION/REIMBURSEMENT OF COUNTY EXPENDITURES . . . 66 TRAFFIC IMPACT FEE - DISTRICT 5 - 21ST STREET WIDENING - BUDGET AMENDMENT #011 . . . . . . . . . . . . . . . . 68 PETITION FOR WATER SERVICE IN PORTION OF SUBURBAN ACRES S/D . . . . . . . . . . . . . . . . . 69 PETITION SEWER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) -- RESOLUTIONS I AND II . . . . . . . 70 INDIAN RIVER COUNTY LIBRARIES REPORT . . . . . . . . . . . 75 TREASURE COAST JOB TRAINING CONSORTIUM . . . . . . . . 77 PAYROLL DEDUCTION FOR AMERICAN CANCER SOCIETY DONATIONS . . 77 FACo BULLETIN - RECOVERING JUDICIAL COURT COSTS . . . . . . 79 INDIAN RIVER MEMORIAL HOSPITAL DISTRICT . . . . . . . . . . 80 ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . 85 DOCUMENTS TO BE MADE PART OF THE RECORD . . . . . . . . . . 85 A. Subordination and Intercreditor Agreement - Saxon Mortgage, Inc. . . . . . . . . . . . . . . . . . 85 B. Street Lighting Agreement - High Pines Subdivision Homeowners Assoc . . . . . . . . . . . . . . . . . . . . 85 Tuesday, February 6, 1996 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, February 6, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Macht led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Adams announced the deletion of Item D on the Consent Agenda - 26th St. R -O -W Acquisition; Parcel #107 Commissioner Macht requested the addition of two items: 13-D-2 Payroll deductions for donations to American Cancer Society 13-D-3 FACo bulletin - recovering judicial court costs Commissioner Bird, later in the meeting, requested the addition of 13-C, JTPA to add Okeechobee County to job training consortium. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Bird temporarily absent) added and deleted the above items from today's Agenda. PROCLAMATION - Treasure Coast Shamrock Club Chairman Adams presented the following proclamation to William Davenport, Sr. who asked those members of the club to stand while the presentation was being read aloud. He announced that a parade will be held in Vero Beach on Saturday, March 16 at 2 p.m. BOOK 97 P,�4u 172 bm 97 173 PROCLAMATION WHEREAS, from time. to time organizations establish sister cities and. counties for a cultural exchange between the two; and WHEREAS, the Treasure Coast Shamrock Club plans to establish a sister county in Ireland of comparable size and make-up as Indian River County; and WHEREAS, the establishment of this relationship will result in the exchange of news, arts, and customs which will benefit the participants; and WHEREAS, this benefit will, in all probability, result In a general cultural enrichment of the county and its citizens, NOW, THEREFORE, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida that the establishment of a sister county In Ireland by the Treasure Coast Shamrock Club Is a cultural activity which is endorsed by the Board of County Commissioners. APPROVED and ADOPTED on this 6 day of February, 1996. 1iiii 14 '' BOARD OF COUNTY COMMONERS ' INDIAN RIVER COUNTY, FLORIDA Ni By (J�02� Fran B. Adams z.l\\\��• �...:., L-A+' Chairman PROCLAMATION - Honoring Sesquicentennial Coordinating Committee for Indian River County Commissioner Adams read aloud the following proclamation which is to be given to committee chairman Ralph Sexton later today. 2 FEBRUARY 6, 1996 PROCLAMATION WHEREAS, during the 1994 session of the Florida Legislature the Florida Sesquicentennial Commission was established to lead and coordinate the celebration of the 150th anniversary of Florida statehood; and WHEREAS, the Florida sesquicentennial celebration was designed to be a grass-roots celebration and specific Commission powers were delegated to individual counties; and WHEREAS, the Board of County Commissioners for Indian River County by Resolution 94-151 created and appointed a Sesquicentennial Coordinating Committee for Indian River County; and WHEREAS, the Committee was charged with planning and organizing of local events; encouraging and helping individuals and private organizations to organize and coordinate their sesquicentennial activities; and. gathering and disseminating information to the public about sesquicentennial activities; and WHEREAS, the Committee has faithfully and successfully carried out its mission, and WHEREAS, the sesquicentennial celebration is now over, NOW, THEREFORE, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida that said committee after carrying out all its responsibilities is hereby dissolved with a thanks and well done to all the members for doing a fine public service for Indian River County. APPROVED and ADOPTED on this 6th day of February, 1996. APPROVAL OF MINUTES BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ByGL.� Qd�CLw✓] Fran B. Adams Chairman Chairman Adams asked if there were any corrections or additions to the Minutes of the Regular Meetings of January 9, 1996 or January 16, 1996. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Minutes of the Regular Meetings of 1/9/96 and 1/16/96, as written. 3 FEBRUARY 6, 1996 nox 9 7 r,,�lut.17 BV 175 CONSENT AGENDA Chairman Adams requested that Item G be pulled for discussion. A. Received & Placed on File in Office of Clerk to the Board: Fellsmere Water Control District List of Bi -Monthly Meeting Dates for FY 1996 Financial Audit & Financial Report for year ended 9/30/95 B. Reappointment of Clifford J. Suthard to Code Enforcement Board The Board reviewed the following letter dated 2/7/96: February 7, 1996 M.r. Clifford J. Suthard Ci ty of Vero Beach - P. O. Box 1389 Vero Beach, Florida 32961-1389 Dear Mr. Suthard: At a recent Board of County Commissioners' meeting, the Board unanimously recommended that you be reappointed to serve another term on the Code Enforcement Board. On behalf of the Board, I would like to take this opportunity to thank you for giving so generously of your time and expertise to this very important Board. Sincerely, Fran B. Adams, Chairman Board of County Commissioners ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously reappointed Clifford J. Suthard to the Code Enforcement Board for another term. C. Progress Report & Reimbursement Invoice - 1995 Planning Grant Invoice #4 The Board reviewed the following memo dated 1/19/96: 4 FEBRUARY 6, 1996 TO: James E. Chandler County Administrator DE HEAD CONCURRENCE bert M.Reat n , AICP Community Development Di ctor FROM: Sasan Rohani, AICP (z 4, Chief, Long -Range Planning DATE: January 19, 1996 RE: PROGRESS REPORT & REIMBURSEMENT INVOICE 1995 PLANNING GRANT INVOICE #4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 6, 1996. DESCRIPTION AND CONDITIONS . It is required, as part of the Transportation Disadvantaged (TD) Planning Grant contract between the Indian River County Board of County Commissioners (BCC) as the Designated Official Planning Agency (DOPA) and the State of Florida Commission for the Transportation Disadvantaged (CTD), that periodic progress reports and reimbursement invoices be submitted. To comply with the CTDDIs requirements ,'staff has prepared a- progress report and invoice for the period from October 1, 1995 to December 31, 1995. For the 1995 planning grant period, the invoice and progress report represent the final submittal. This progress report and applicable finished products, such as the Local Coordinating Board (LCB) meeting agenda items, CTC reports, etc., are required to accompany all reimbursement invoices. Attached is a copy of draft invoice #4 and the progress report. This report, along with the appropriate supporting documents, will be submitted to the CTD upon the Board of County Commissioners/DOPA approval. On January 18, 1996, the Transportation Disadvantaged Local Coordinating Board (TDLCB) reviewed and approved the attached progress report and invoice. At that time, the TDLCB recommended that the Board of County Commissioners, in its capacity as the Transportation Disadvantaged Program Designated Official Planning Agency (DOPA), approve the attached progress report and invoice and forward these to the CTD. ALTERNATIVES AND ANALYSIS Attached is a copy of the progress report and invoice for the October 1, 1995 to December 31, 1995 period. Finished products such as the TDLCB meeting agenda items, CTC reports, and other pertinent reports are required to accompany all —reimbursement invoices. These materials will be submitted to the state along with the reimbursement invoice and the progress report. The BCC/DOPA's alternatives are either to approve the transmittal of the Progress Report and reimbursement invoice as submitted, to approve transmittal of the Progress Report and invoice with 5BOOK 97 PAS �.76 FEBRUARY 6, 1996 ma 97 PmE 177 revisions, or to deny the transmittal of the Progress Report and reimbursement invoice to the state. Choosing the last alternative could affect the county's reimbursement of staff time expended for transportation disadvantaged planning related services. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners/DOPA approve the Progress Report and reimbursement invoice #4, and direct staff to transmit the report and the invoice to the State of Florida Commission for the Transportation . _D Ls`dvantaged ( CTD) . ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Progress Report, reimbursement invoice #4, and the transmittal of both to the FDOT. REPORT AND INVOICE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. 26th Street Right -of -Way Acquisition - Parcel #107 - Hamilton Deleted. E. Extension of Walkers Glen West S/D Phase 2 Land Development Permit The Board reviewed the following memo dated 1/17/96: TO.. James Chandler DATE: January 17, 1996 County Administrator f-�t) THROUGH: James W. Davis, P.1., Public Works Director and Roger D. Cain, P.E, County Engineer FROM: David B. Cox, P.E(-* Civil Engineer SUBJECT: Request for Extension of Walkers Glen West Subdivision Phase 2 Land Development Permit REFERENCE: SD-93-10-09/L.D.P. No. 93060047-006 DESCRIPTION AND CONDMONS Todd N. Smith, P.E. on behalf of Vista Properties of Vero Beach, Inc. has requested an extension of the subject land development permit in the attached letter dated January 9, 1996. The subdivision is located at 55th Square on the south side of 26th Street. L FEBRUARY 6, 1996 M M M The land development permit plans approved on November 15, 1993, depict two phases of construction. A certificate of completion for the first phase was issued on September 6, 1994. No construction has occurred in Phase 2. The final plat for the first phase was recorded on September 7, 1994. ALTERNATIVES AND ANALYSIS Section 913.07(5)0 of the Subdivision and Platting Ordinance allows the Board of County Commissioners to grant an extension of time for land development permits. The expiration date of land development permits is eighteen months from the date of issuance regardless of whether or not the work is complete. Accordingly the land development permit for Walkers Glen West Subdivision, Phase 2, expired on May 15, 1995. To begin construction of Phase 2 the developer would also need to obtain an extension of the F.D.E.P. Wastewater Collection/Transmission System Permit which expired on November 1, 1995. Alternative No. 1- Grant an eighteen months extension of the land development permit to allow completion of Phase 2. Alternative No. 2 - Deny the extension and require the developer to re -apply for preliminary plat approval and land development approval for Phase 2. _ RECOMMENDATION & FUNDING Staff recommends approval of Alternative No. 1 with the condition that the required F.D.E.P. Wastewater Permit extension is obtain prior to starting Phase 2 construction. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously granted an 18 -month extension of the land development permit to allow completion of Phase 2 with the condition that the required F.D.E.P. Wastewater Permit extension is obtained prior to starting Phase 2 construction. F. Dock License Agreement - Country Club Pointe Subdivision The Board reviewed the following memo dated 1/30/96: TO: The Board of County Commissioners FROM: uyl, / William G. Collins II - Deputy County Attorney DATE: January 30, 1996 SUBJECT: Dock License Agreement - Country Club Pointe Subdivision On August 11, 1992 First Union National Bank of Florida, as Trustee for Mrs. Eleanor Z. Rogers, entered into a License Agreement with Indian River County (recorded at O.R. Book 944 at Page 593 of the Public Records of Indian River County) for the use of the County's riparian land for a dock facility. Mrs. 7 FEBRUARY 6, 1996 BOOK 97 PAu JILT Boa 97 PnE 179 Rogers subsequently sold her Country Club Pointe property (Lot 3, Block 2, Replat of Country Club Pointe, Unit No. 1) to Mr. Jeffrey C. Asher. Covenant No. 9 of the Rogers License Agreement provides that upon sale of the Rogers property, the License Agreement terminates, however the purchaser can enter into a similar license agreement with the County. Mr. Asher has expressed a desire to enter into such a license agreement with Indian River County and has executed a similar License Agreement, attached. RECOMMMMATION: Approve the attached License Agreement between Indian River County and Mr. Jeffrey C. Asher, and authorize the Chairman to execute same prior to recording in the Public Records of Indian River County, Florida. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the License Agreement with Jeffrey C. Asher, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. SHIP Program - Execution of Subordination or Satisfactions of Mortgage on Home Loans The Board reviewed the following memo dated 1/24/96: TO: The Board of County Commissioners FROM: ,.,�/ William G. Collins II - Deputy County Attorney DATE: January 24, 1996 SUBJECT: SHIP Program - Authorization for Community Development Director or His Designee to Execute Subordination or Satisfactions of Mortgage With Respect to SHIP Loans. With hundreds of mortgages outstanding under the SHIP Affordable Housing Program, it is becoming common for SHIP homeowners to seek refinancing of their first mortgage at today's more favorable rates. However, when the SHIP homeowner pays off the senior lien holder and refinances at a lower rate, the County's subordinate mortgage attains priority over the primary mortgage. The purpose of the program is to help very low, low and moderate income persons attain affordable housing, and refinancing on better financial terms furthers that purpose. If the Board agrees .Subordination or Satisfactions of Mortgage are an administrative function that can be delegated, review and approval of each instrument by the Board and attendant delays in closings -can be avoided. RECOMMENDATION: Approve the attached Resolution delegating authority to the Community Development Director or his designee to execute Subordination or Satisfactions of Mortgage with respect to SHIP loans. 8 FEBRUARY 6, 1996 L--� In response to Chairman Adams' inquiry, Deputy County Attorney Will Collins explained that we are comfortable in signing these documents. Everyone of our mortgages is a subordinate mortgage; we are second to the primary lender or the bank. All we are doing here is giving Director Keating the authority to agree to stay in second place when people refinance. Otherwise, people would not get refinancing. The objective of the program is to get people into affordable housing and refinancing does that. We did not want to come to the Commission every time it came up. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 96-17, delegating to the Community Development Director or his designee authority to execute subordination or satisfactions of mortgage with respect to the SHIP Affordable Housing Program. RESOLUTION NO. 96-1] A RESOLUTION OF THE BOARD OF COUNT'r COffiSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGA33FG TO THE COIBIUNITr DEVELOPMENT DIRECTOR OR HIS DESIGNEE AUTHORITr TO EXECUTE SUBORDIIO►TION OR SATISFACTIONS OF MORTGAGE WITH RESPECT TO THE SHIP AFFORDABLE HOUSING PROGRAM. WHEREAS, the Board of County Commissioners of Indian River County, Florida has established an Affordable Housing Program under aegis of the State of Florida SHIP Progam; and WEMRSAS, persons benefitted by the SHIP loan program will often have occasion to refinance or pay off their mortgages; and WAS, such transactions and accompanying documentation is administrative in nature and does not require the attention of the Board of County Commissioners; and WHEREAS, closings of property are often on deadlines not consistent with the scheduled meetings of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTr COEMSSiONERS OF INDIAN RIVER COUNTY, FLORIDA that the Indian River County 0 FEBRUARY 6, 1996 Boa 97 PA E 18o BOOK 97 PAGE 181 Community Development Director or his designee is hereby delegated authority to execute any and all Subordination or Satisfactions of Mortgage with respect to SHIP Affordable Housing loans. This resolution was moved for adoption by Commissioner Eg ger t and the motion was seconded by Commissioner Tipp in, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Mach Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of F e b r is ry, 1996. Attest: / qt�o �.,.zktr.� fr R.. Bart , Cler' . C . BOARD OF COUPTr CO1MXSSI0NSRS IBDI= RIVER COUBTr, FLORIDA By Chi a,.(, 4 OdQaix-o Fran B. Adams, Chairmaa H. Miscellaneous Budget Amendment 012 The Board reviewed the following memo dated 1/31/96: TO: Members of the Board of County Commissioners DATE: January 31, 1996 SUBJECT: MISCELLANEOUS 13UDGET AMENDMENT 012 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: _ 1. The Board of County Commissioners approved the Special Waterway Projects Grant 4LE041. The purpose of this grant is to produce 8,500 Indian River County Boater's Manatee and Speed Zone Brochures. This entry will allocate the funding. to FEBRUARY 6, 1996 2. At the end of the fiscal year, the Building Department sends plans out for microfilming annually. This was done in the 1994/95 fiscal year and the microfilm was not received by the Building Department until the new year. This entry will appropriate the funding. 3. This entry is to record the reimbursement to Indian River Council on Aging from FEMA funds received for expenses incurred during Hurricane Erin. 4. The contract amount for Copeland Landings improvements is $51,550. The original Letter of Credit was $44,200, the interest earned on the LOC was $3,742.73. The new owners, Raymo, Inc., agreed to escrow sufficient funds to compensate the difference which is $3,607.27. This entry allocates the funding. 5. In budget amendment number 8, item one establishes the Beach Renourishment/PEP Reef Fund. The final figures in the 1994/95 CAFR indicate there was an additional $27,851 that should be brought over to this neve fund. This entry appropriates these additional funds. RECOM MNDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment 012, as recommended by OMB Director Joe Baird. TO: Members of the Board of County Commissioners FROM. Joseph A. Baird OMB Director BUDGET AMENDMENT: 012 DATE: JanuAN 31-1996 Entry Number Funds/DepartzonWAc count Name Account Number Increase pacrease 1. REVENUE MSTU/DEP - Div. Law Enforcement Water Grant 0044000-334-080.00 $5,000 $0 EXPENDITURE MSTU/PlanabWoutside Printing 004-205-515-034.72 $5,000 50 2. REVENUE Building DepmtncWCash Forward 4414000-389-040.00 $3,042 s0 r3. EXPENDITURE Building Depactment/Owide Printing 441-233-524-034.72 53,042 s0 REVENUE General Fund/Cub Forward 001-000-389-040.00 $3,436 s0 EXPENDITURE General FcmdARC Council an Aging 001-110-564-088.32 $3,436 s0 11 FEBRUARY 6, 1996 BOOK 97 P,�u 182 Boa 97 PAF $3 I. Authorization to Surplus Real Property The Board reviewed the following memo dated 1/30/96: DATE: JANUARY 30, 1996 TO: HONORABLE BOARD OF COUNTY CONMSSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI ES SUBJECT: SURPLUS REAL PROPERTY BACKGROUND: The Department ofUtility Services has a triangular shaped lot in River's Edge Subdivision, Roseland where a Waste Water Treatment plant was once located. That plant has been dismantled and removed. The size of this site is 281.15'x 392.84' x 272.75'. This lot is excess real property to Utilities. RECOMMENDATION: StaffRecommends the Board declare the property surplus and authorize sale of said real property in accordance with Florida State Statue 125.35. 12 FEBRUARY 6, 1996 M M M 4. REVENUE Traa4 nUtion FundMtm st Earnings 111-000-361-015.00 $3,743 $0 Transpartatica %W/Developer Default Fees 111-000-354-014.00 $3,607 $0 EXPENDITURE Transportation FwWMoads & Bridges" 111-214-541-066.51 $7,350 $0 5 REVENUE Tourist Development Fund/Cash Forward 119-000-389-040.00 $27,851 $0 EXPENDITURE Tourist Devetop umt Fund/Transfer Out 119-199-581-099.21 $27,851 $0 REVENUE Beach Reawnishment/PEP Reef Fund/ Transfers In 1284000-381-020.00 $27,851 $0 EXPENDITURE Beach Rc urishment/PEP Reef Fund/ Off Sharpe Reef 128-144572-067.63 $27,851 $0 I. Authorization to Surplus Real Property The Board reviewed the following memo dated 1/30/96: DATE: JANUARY 30, 1996 TO: HONORABLE BOARD OF COUNTY CONMSSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI ES SUBJECT: SURPLUS REAL PROPERTY BACKGROUND: The Department ofUtility Services has a triangular shaped lot in River's Edge Subdivision, Roseland where a Waste Water Treatment plant was once located. That plant has been dismantled and removed. The size of this site is 281.15'x 392.84' x 272.75'. This lot is excess real property to Utilities. RECOMMENDATION: StaffRecommends the Board declare the property surplus and authorize sale of said real property in accordance with Florida State Statue 125.35. 12 FEBRUARY 6, 1996 M M M i ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously declared the subject property surplus and authorized its sale, as recommended by staff. J. Authorization to Surplus Equipment The Board reviewed the following memo dated 1/16/96: DATE: January 16, 1996 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Adntnistrator H.T. "Sonny",Dean, DirectQP--,l General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Equipment for Surplus Sale BACKGROUND INFORMATION: The following equipment (attached list) has been declared surplus to the needs of Indian River County. ANALYSIS: Staff recommends that authority be granted by the Board of CountyCommissioners to declare these items surplus and authorize its sale. FUNDING: The monies received from this sale will be returned to the appropriate accounts. RECOMMENDATION: This will be placed on the"Surplus Property Sale open to the -public as per State Statutes. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously declared the equipment listed below surplus property and authorized its sale. 13 FEBRUARY 6, 1996 Bou 97 PA c 184 J to r� v as 1 1 N 01/30/96 09152152 PAGE 1 Rec. Asset Seq. Flt Loc. Description Asset value Serial Comment Code Number Number Mqt Code of asset Number 12 000312 06 1540 DESK .00 N/A STORED AT OLD COURTHOUSE 003823 00 1420 SAVIN COPIER 755 36,395.00 280804313 PARKS DEPT. ; 004845 00 1520 SAVIN COPIER 880 66,655.00 2510620959 TAX OFFICE 007354 00 1340 IBM PRINTER, FEEDER & ACC 4.541.00 5218-110OD7143 COMMUNITY DEVELOPMENT DEPT. 007355 00 1340 IBM DISPLAY WRITER 36,277.00 6580-2600D1897 COMMUNITY DEVELOPMENT DEPT. 007533 ?O 1340 IBM DISK DRIVES 16,130.10 6360-26-OOE0918 COMMUNITY DEVELOPMENT DEPT. 006533 00 1370 BRUNING NON -AMMONIA WHITE PR 16,502.93 OD161 5335 COUNTY ENd. bEPt. 008673 00 1160 IBM DISPLAY STATION 16,035.00 5291-V9815 PROBATION 009223 00 1420 IBM AT SYSTEM 46,275.00 5170-7278149 PARKS DEPT. 009560 00 1120 SAVIN 870 COPIER 6170.00 8702270?13990 bLIM .b (3RNw_-_.-' 009694 00 1390 IBM 8560 PC 46,087.00 8560-6450245 ROAD 6 BRIDGE DEPT. ' 010180 00 1390 7350 COPIER W/AUTO DOC FEEDS 46,010.00 9080914905 _ ROAD 6 BRIDGE _ ! 013513 00"' 1125 PLAIN--PAPERTAX -MACHINE - - __. 16,845.00 l/7i- i��s-JA3L TOTAL 366,623.03 32 004899 00 6050 CANON ELECTRONIC TYPEWRITER 16,023.83 82018662 BUILDING DEPT - 0046" -'-'IW---- 6050 C j--- -- — -DUILDINO —DEPT 007424 00 6050 CANON SYSTEM III 26,665.00 19122 BUILDING DEPT 007530 10 6050 MICROFICHE DISPLAY.00 5054651 BUILDING DEPT o0917i 00 "—_ .----bOttF--YOW-MPLAY-8Tii -M .. - - : - ...__ ...- -- -- —7`7 i:�-1 �--- ----E[liCDEPT 009317 00 6050 IBM 4202 DOT MATRIX PRINTER 534.00 99268 BUILDING DEPT 009421 00 •6050 IB_M 'DIS_ PLAY STATION 777.00 31824 BUILDING DEPT 011696 oti" bOb� _3196 FitiD-38 P812 OiiE:rt BYf# FEif _ $ ► i� u. Sci 9 84 0 --- _ .. _ _-" ._ U IL TIC 1il.Pt' -- 012907 00 6071 MOD 2285 COPIER W/RADF/SORTS 66,435.00 36021461 SOUTH REGINAL WWTP COUNT 9 FINAL TOTALS _ .. _.. TOTAL 516,009.86 COUNT 22 +6,x+► END OF REPORT aK* b �e r*, W M W K. Cancellation of Outstanding Taxes - 5 Resolutions The Board reviewed the following memo dated 1/29/96: TO: Board of County Commissioners V`i'— UC • � LJ FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: January 29, 1996 RE: CANCELLATION OF OUTSTANDING TICS PROPERTY PURCHASED FOR COUNTY USE The County recently acquired some properties and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector and copies sent to the Property Appraiser and Fixed Assets Department. REQUESTED ACTION: Board authorize the Chairman to sign the attached resolutions cancelling taxes upon lands the County recently acquired. Attachment: Resolutions - Virginia Metcalfe - 66th Avenue•R/W Sen Bailey - 58th Avenue R/W Elizabeth Hogan - Landfill Expansion Stawara/Gunter - Landfill Expansion A. Roy Hogan - Landfill Expansion ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolutions 96-18, 96-19, 96-20, 96-21 and 96-22, cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 15 FEBRUARY 6, 1996 Boa 97�- (raviaad toren w/atnmp) Re: R/W - 58th Avenue Parcel $04-33-39-00001-0040-00002.0 Benjamin F. Bailey III BOOK 97 P,�.JE 187 1 / 2 9 / 9 6 (raao\t nxaa) Vk _ 186 RESOLUTION NO. 96-_1 8 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board- of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes; defense purposes, recreation,, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1087, Page 1655, which was recently acquired by Indian River County for right of way_purposes on 58th Avenue, are hereby cancelled, pursuant to the authority of section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this Resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner M ac ht ., and the motion was seconded by Commissioner Egger i , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of February , 1996. Attest: J rton, Cl k Attachment: Legal Description cc: Fixed Assets Department 16 FEBRUARY 6, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FL//O}}RIDA By Fran B. Adams, Chairman H v Tim 0 W �--1 00 00 qCQl..11On lom �J 1 1 26TH STREET Section Line do N. Line Tract 4 ------ 25 J51 N.W. Comer Section 4, T33S, R39E I oI N.T.S. j :3 Mv � TRACT 4 X �I LEGAL DESCRIPTION I:3 i.i The East 35 feet of the West 60 of o .feet Tract 4, Section 4. Township 33 South, Range co39 l� East. according to the last general plat N of the lands of the Indian River Farms ---i Company recorded in Plat Book 2, Page 25 of the Public Records I of St. Lucie County, Florida. 35, Now lying in Indian River County, Florida. 3 25 _ S. Line Tract 4 CMFICAMN I. Charles A. Cromer, hereby certify that I am a registered Professional Land Surveyor licensed to practice in the state tn 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 standards as described in Chapter 61G17 of the Florida Admin— istrative Code, pursuant to F.S. Chapter 472. PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c THIS IS NOT A SURVEY SKETCH Charles A Cromer, P.L.S. Reg. X14094 1840 25th St, Vero Beach, FL 32960 TO ACCOMPANY LEGAL DESCRIPTION Indian River County Surveyor (407) 567-8000 Date qCQl..11On lom �J 1 1 BOOK 97 m,JE 8 (rev ia.®d =orae w/ataanp) 1/29/96 (raao\tnxaB) Vlc1H8 Re: R/W - 66th Avenue _Parcel $19-33-39-00001-0010-00002.0&1.0 Virginia L. Metcalfe RESOLUTION NO. 96- 19 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT ,TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. -Any and all liens for taxes, delinquent or current, against the property. described in O. R. Book 1087, Page 1434, which was recently acquired by Indian River County for right of way purposes on 66th Avenue, are hereby cancelled, pursuant to the authority of section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this Resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Mac ht and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of Febrtjary , 1996. S� t1` " 1 Attachment: Legal ascription cc: Fixed Assets Department 18 FEBRUARY 6, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, F/L�ORIDA By Fran B. Adams, Chairman M W i jr, •1 I adL.UU 180 Scale. 1'-120' I 301 n � I o � N n 20' 20, Section Una '— —' — 661H AW9WJE xo n LEGA. DESCRIP' M The West 20 feet of the East 45 feet of the East 10 acres of Tract 1, Section according to the last generalplat of the lands of the Indian River Farms 19, Township 33 South, Range 39 East, Company the Public Records of St. Lucie County, Florida. recorded in Plat Book 2, Page 25 of Lying in .Indian River County, Florida, containing 26,081 square feet or 0.6 acres more or less. CERi1 IMON 1, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice of *Florida, that this sketch was; mWo— under my immediate supervision, that it and that this sketch meets the MinimaiAi�le_chnical standards as described in Chapter 61G17 to F.S. ""` ` is accurate and correct furtherecertify of the Florida Administrative Code, pursuant Chapter 472.!`= •..•: y PREPARED FOR 99" RIVER COUMY TMS IS NOT A SURVEY Charles A. Cramer, P.S.M. 'Reg. « ?$4,: ' . 40 25th St.Vero Beach, FL 32960 SW%I TO ACCOMPANY LES- DESCRIPTION Indian River County Surveyor Y:;;=i`•;;;,.'�;r}p7� 567-8000 Date 7X&o i99 S Ana.. jr, •1 I adL.UU 180 r Boa 9 7 pv)(19! (revised lor.n w/0temp) 1/29/96(r®Bo\t�..as)Vk.166 Re: Property by Landfill Parcel #25-33-38-00001-0040-00001.0 Elizabeth Graves Hogan (et al) Trust RESOLUTION NO. 96- 2 0 A RESOLUTION OF INDIAN RIVER COUNTY,- FLORIDA, CANCELLING CERTAIN DELINQUENT TARES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book 1087, Page 1641, which was recently acquired by Indian River County for landfill expansion, 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 Mach t , and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of February , 1996. Attest: �J. a ton, Cl Attachment: Legal Description ccs Fixed Assets Department - 20 FEBRUARY 6, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER -COUNTY, FLORIDA By _ sea-., .0 Fran B. Adams, Chairman EXHIBIT LEGAL DESCRIPTION Being a part of Section 25, Township 33 South, Range 38 East according to the last general plat of lands of the Indian River Farms Company subdivision as recorded in Plat Book Z Page 25, public records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida, being more fully described as follows: The East half of Tracts 4 and S. (cavi Gad corm w/ ®tamp ) Re: Property by Landfill Parcel #25-33-38-00001-0030-00001.0 David Gunter & Leonard Stawara et al M 1/29/96(raao\taxaa)VIc.SHH RESOLUTION NO. 96— 21 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.; 21 Boa 97 PAr � 192 FEBRUARY 6, 1996 Boa 97 PnE 193 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 1087, Page 1616, which was recently acquired by Indian River County for landfill expansion, 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 Mach t , and the motion was seconded by Commissioner Eggert_, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this —6 day of Fehr jary . 1996. Attest: i ton,. Cie Attachment: Legal Description cc: Fixed Assets Department FEBRUARY W 22 6, 1996 1W - BOARD OF COUNTY COMMISSIONERS INDIAN RRIIVER COUNTY, /FLORIDA By �'T 1C.c�vt_� (�C/1`._Yii►'1�/� Fran B. Adams, Chairman Rec: 11.5o X 0921017 96 JAN 12 PM 3:59 Doc. stanm:. 70 • DOCUMENTARY STAMPS Rpopa:D RM RE7M T0: DEED S. % PII(2fi>ly OIM=, ESQ. 3111 Cardinal Drive JEFFREY IC 6ARTON. CLERK JEFFREY tG�RTON Vero Reach' Florida 32963 INDIAN RIVER COUNTY INDIAN RIVER ( ERK CIRCUIT � Uprr rww w Nwisba 25-33-38-00001-0030-00001.0 Or.mee of MR Warranty De24j'Iy.f Itis Indenture, Made this January ,1996 A.D.. Between DAVID EDWARD GUNTER and ALICE J. GUNTER, his wife, as to an undivided 1/2 inte=4 AND LEONARD STAWARA and SANDRA STAWARA, his wife, = to an undivided 1/2 inter=[, d the Cmnryaf INDIAN RI VER , sue or Florida + 8rantom -d INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent spccw &drkt of Indian River may. whoa wdmw 6:% Utthiti= DepL IW 25th Strad VERO BEACH, Florida 32960 dthecamyet INDIANRIVER , staear Florida ,grantee Witnesseth amthe GRANTOPMfwndinc-d&-Oonoftbc=mcr---------------------------------- -------------------------- TEN& NO/100(S10.00)--------------------------- s and atter goad sad %dnbk cemWerWiN to OR&%WRS in Asad Paid by ORM97+�.. the mtwip w1w 6 heteby aoknoWkdVd bare gams, baWhwd sed add to the aid CIRANftiB and GRAM 'M ams ad wipe fomes- the fdkmft desna "k"A tdtmm.yh wwbebninoecmnryof INDIANRIVER st=eed Florida town The East 1/2 of Tracts 3 and 6, Section 25, Township 33 South, Range 38 East, according to the last general plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. and the pataots do hereby fairy warrant the dtk to aid IaaO and wal defend the ams agabmt Wul-kine den Pmt=s .to=es--er IZMrM reof, de gramme bm hemmao set their Isttdsand sob the day and year rant eAm .-area /-/(1/l' t!![ (�gncha O'Haire DAVID EDWARD GUNTER Asft u P.O. Rddtas 5280 22n� Street, VERO BEACH, FL 32960 PrWedNww Plitricia. A. ifays ALICE J. GUftER As to P 5280 ttlzet, VERO BEACH, FL 32960. (5-0 PrIrItk.Xamd\AicTiael XOi Haire NARDSTAWARA Mr. . St 1136 36th Aver VERO BEACH, FL 32960 P.O=iiti.- 4 .1i1'/L� (Seal) PriMcuNatuc PitriciaA. &Vs SANDRASTAWARA As to Mr. and Mrs Stawara P.O. Addmu 1136 36th Avenue. VERO BEACH, FL 32960 SPATE OF Florida COUNTY OF INDIAN RIVER �J 'the (mega" bsttanettt was -1— 4e ip led=t. ae tide e9A dry of January . 1996 by DAVID EDWARD.GUNTER and ALICE J. GUNTER, who ate peammy twos. to nae orwhr tam pmdawd thdr Flmidn drivWs a M& Docummtt Ptepated "r. IWtUad crIbm WHAMtOrltNNACANnIJIRt7URRIR1so Print wr N=at 3111 Chi" Dr. XOTARY PURIC O etteatAa► O'NAala Vetolka%FL 32M MyCom>Metaal'.a = = n co1NMu0M NYIIaLII ' CC31Rd1d pun°i�.'v�i"`tetiitrw 4 1!t 1N8 SPATE OF Florida COUNTY OF INDIANRIVER �y 719 fmeFft hstrwtmnt wa oa aiekW below me dds .2rdof achy d J==.Iy s 1996 by LEONARD STAWARA and SANDRA STAWARA, who awpetsmaaykemmtoheorwbohe wrt�doeeda*Floddadrivees ide t h. Print NQiARY PUBLIC MY ,pwr P` apple" NnRAter "a o °6 =-mim ovum y ootNaa 11011111111111111101111111111111< CC37379"4 �,'- r OaP ere' OONNMNION �. WAY 151"" 23 -• FEBRUARY 6, 1996 BOOS( 7 md,9 BOOK 97 w;E 195 (rav toad &owm w/ mtmmp ) 1/ 2 9 / 9 B (raao\taxa0) Vk . 1 90 Re: Property by Landfill Parcel #25-33-39-00001-0030-00002.0 Albert Roy Rogan (et al) - RESOLUTION NO. 96- 22 • A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book 1086, Page 2596, which was recently acquired by Indian River County for landfill expansion, 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 Mac ht and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner ,john W. Tippin Aye Commissioner Kenneth R. Macht Aye (page one of two) 24 FEBRUARY 6, 1996 The Chairman thereupon declared the resolution duly passed and adopted this 6 day of February , 1996. Attest: rton, Cl Attachment: Legal Description cc: Fixed Assets Department BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA' By �ri�.vl� Vg C�"1 nti[ Fran B. Adams, Chairman U MAL DFS(RTPTION BEING A PART OF SOLTION 25, TOWNSHIP 33 SOU111, RADE 38 FAST, ACOORDING TO 711E LAST GENERAL PIAT OF LANDS OF 711E INDIAN RIVER FARMS COMPANY SUBDIVISION AS REMRDED IN PLAT BOOK 2, PACE 25, PUBLIC RHOORDS OF ST. LUCIE aXWIY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE FUU1Y DESCRIBED AS FOLLOWS: 7HE WEST HALF OF 7RACTS 3 and 6, LESS 711E FOLLOWING DESCRIBED PARCEL: 711E NOR711 5.084 ACRES OF THE WEST HALF OF 711E WEST HALF OF TRACT 3. FEBRUARY 6, 1996 25 BOOK 97 Pif; ,96 Boor 97 PAEE 1,97 PUBLIC HEARING - BEUTTELL REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION USE AND PD PLAN APPROVAL FOR AGRICULTURAL PD -- TRAILS END S/D VERO BEACH PRESS -JOURNAL Published Daily Vero. Beath, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personalty appeared J. J. Schumann, Jr who on oath says that he is Business Manager of the Vero Beach Press,loumat, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of LG./I' ,,}%x.,J In the Court, was Pub- lished in said newspaper in the Issues of1,9494 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. Spomlaand subscribed before me this day o} A.D. 19 ••r?'C': -.� (Business Manager) IVY#W%. '�'BARBARA C. SPRAGUE. NOTARY PUBLIC. 2g; �n Y iP. June•29. 1997 4 -V Coeanmwn Number. CC30%72 • • .,ti .a • S�gl,ea; Notarr BARBARA C SPRAGIJE A-1 Subject 81te • i �� I _ l _ 2.A1l _ T_J W 1 ST. LUCIE coYNTV A—% I NOUNNOTICE OF PIIetIC NEARM - d Waft dW unoaf roar sl of °P' ar Idenftir M decal* a fa► 9 bb 4g9 ft he•. timid Is loaletl 6e 2 AS,Fmactlon 33,Tandrp 33 a air= preen In' Nalend 0 CR=turlr 1a be hero. VA or Q_CannYsdarrre d .. n9, boated at 1810 2M Streetvso f'ieidl, floc Idado Tuesday, Fftwy 9.1999 at &w am, A"M Mro may YAM b appeal ry deatalon YAM a t atnba. atFeod19 'o d of W e"sp�oo ea,� a M�ii L W daft d N and 4WdWM upon ANYONE wFfO NffDB A 9PEMAL AOCMWWA. TION FOR TW IIEETM WST CONTACT THE COtJf1M AMBICAN WRN 00ABILMES ACT ADA OOOA09111TOR AT 997.8900X223 AT 49 I1O" N ADVANCE OF THE AST• 8COUNTY . Adaei. OpOufrtONERS Jan•19.19991 1288827 The Board reviewed the following memo dated 1/26/96: 26 FEBRUARY 6, 1996 TO: James E. Chandler County Administrator DI ION HEAD CONCURRENCE: erf. X. KVtirfg1, IC Community Development Wrector THROUGH: Stan Boling, AICP Planning Director / FROM: John W. McCoy, AIC Pr� Ok Senior Planner, Curreht Development DATE: January 26, 1996 SUBJECT: Peter Beuttell's Request for Planned Development (PD) Special Exception Use and PD Plan Approval for an Agricultural PD to be Known as Trails End Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 6, 1996. DESCRIPTION AND CONDITIONS: •Subject Property Carter Associates, Inc. has submitted an application for PD (planned development) special exception use and preliminary PD plan approval on behalf of Peter Beuttell to create nine 5 acre tracts within an agriculturally designated area. The subject 45.99 acre development site is located at the southeast corner of 58th Avenue and 21st Street S.W. (see attachment #2). The property was previously used for groves, but is now overgrown with a variety of native and nuisance exotic vegetation. The subject property is zoned A-1, Agricultural (up to 1 unit per 5 acres), is located outside the Urban Service Area, ' and is designated AG -1 (Agricultural -1 up to 1 unit per 5 acres). The proposed 9 tract residential/agricultural development is allowed in the AG -1 area subject to the special agricultural PD provisions of sections 911.06(4) and 911.14(2) (see attachment #4). •PDs in Agriculturally Designated Areas To address certain urban sprawl concerns raised by DCA during its review of the 1990 Comprehensive Plan, the county adopted special policies and regulations regarding development of single family subdivisions' in agriculturally designated areas. The resulting special regulations require use of the PD process and a layout of the lots or homesites that "clusters" homesites in a manner that provides large remaining areas of open space (used for agriculture or as a natural preserve). Therefore, the LDRs limit the maximum lot or homesite size to 1 acre, with remaining areas designated as open space (see attachment #3). Lot or homesite clustering also preserves the ability for future development of the overall property if, in the future, the comprehensive plan is changed and the property is re -designated for residential development. 27 hong 97 pAu lg FEBRUARY 6, 1996 BOOK 97 pn ,99 Clustering can be accomplished in different ways. One approvable clustering concept •creates 115 acre" tracts, each with a specifically defined building envelope (homesite). Such tracts can be laid out so as to cluster the homesite areas in close proximity to one another or in close proximity to a land feature or roadway: Under such a design, each 5 acre tract could be individually owned. This concept has been used in the design of the Trails End Subdivision layout. Another approvable concept clusters the lots in a more standard subdivision layout of 1 acre or smaller lots and creates 1 large tract which could be separately or commonly owned and limited to open space (agriculture or preservation). •PD Project Process As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD PZC 3. Land Development Permits or Waiver Staff 4. Final PD (plat) BCC The applicant is now requesting approval of the first two steps. If approved by the Board of County Commissioners, the applicant will need to obtain a land development permit for the required PD improvements. *Planning and Zoning Commission Action At its meeting of January 11, 1996, the Planning and Zoning Commission voted unanimously (6-0).to approve the preliminary PD plan subject to Board of County Commissioners approval of the special exception use. The Commission also recommended approval of the special exception use with a condition that a 50' setback from the east and south property lines for all structures be required. Such a setback is incorporated into staff's recommendation at the end of this report and is consistent with the submitted preliminary PD plan, which shows 80'-110' perimeter setbacks. Also, the Planning and Zoning Commission had some discussion of prohibiting the cultivation of host plants for the Caribbean Fruit Fly within the Trails End project. However, no specific recommendation on that issue was attached to the Commission's motion (see attachment #5). ANALYSIS: 1. Size of PD Area: 45.99 acres (including area to be dedicated for right-of-way) 2. Zoning Classification: A-11 Agricultural (up to 1 unit per 5 acres) - 3. Land Use Designation: AG -1, Agricultural (up to 1 unit per 5 acres) -- 4. Density: .19 units per acre (1 unit per 5.11 acres) S. Minimum Tract Size: Required: 200,000 sq. ft. Provided: 200,158 sq. ft. 28 FEBRUARY 6, 1996 6. Maximum Lot/Homesite Area: Allowed: 1 acre Proposed: 1 acre 7. Open Space: Required: 60% Provided: 83% S. Traffic Circulation: All 9 tracts will use the internal subdivision -road for access. This road will be constructed as a stabilized, unpaved road. The LDRs allow such a road to be unpaved, since the subdivision is private, generates less than 100 daily trips, and is located outside the urban service area. The traffic engineering division has reviewed and approved the roadway layout. 9. Stormwater Management: The public works department has reviewed and approved a conceptual stormwater plan. A detailed engineering stormwater plan will be reviewed and approved as part of the land development permit review and approval process. 10. Utilities: The project will have on-site well and septic tanks for each tract. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department. 11. Dedications and Improvements: Presently, 30' of right-of-way exists for 21st Street S.W. The applicant will be required to dedicate additional right-of-way to bring the road up to the 60' local road standard, which will require a 30' dedication strip for 21st Street S.W. All of the future road right-of- way for 21st Street S.W: will need to come from this property since there is a Indian River Farms Canal on the north side of 21st Street S.W. Such a dedication will not be compensated. The applicant is negotiating with the public works department regarding the possible acquisition of extra right-of-way, above and beyond the 60' local road standard. Such additional right-of-way is compensable and its acquisition will not affect the proposed plan design. Since the proposed development is a low traffic generator/attractor and is outside of the -urban service area, the applicant is not required to provide paved access to the project from '58th Avenue. Also, no sidewalk or bikeway improvements are required, and none are provided. 12. Concurrency: The applicant has obtained a conditional concurrency certificate which satisfies concurrency requirements related to the special exception use and preliminary PD plan requests. Prior to receiving a land development permit waiver, the applicant will be required to obtain an initial concurrency certificate or execute a concurrency acknowledgment form.. Therefore, all concurrency requirements related to special exception use and preliminary PD plan approval have been satisfied. 13. Environmental- issues: Since the project is over 5 acres in size, the native upland community set-aside requirement applies. Based upon an inspection of the site by the county's environmental planning staff, staff has determined that, although there are some native plants on site, there is no actual native upland plant community. Therefore, no upland set-aside is required. There is a small isolated wetland on the subject property which will be impacted by the proposed development. The FEBRUARY 6 1996 29 Boa 97 Pyr E 200 BOOK 97 PAPE 271 applicant will be required to obtain a permit from the St. Johns River Water Management District and a county wetland resource permit, prior to issuance of a land development. permit. Environmental planning staff have no objection to special exception use and preliminary plan approval. 14. Buffers: Given that the surrounding area. is presently used for and is designated for agricultural purposes, no special buffering is required under the planned development LDRs. Since the A-1 district minimum 30' yard setbacks exceed the 25' planned development perimeter setback, the 30' A-1 district setback will control and is being applied to the yards that are not located along the project's east and south perimeter. Along the project's east and south perimeter, a 50' setback is recommended to be applied in accordance with the Planning and Zoning Commission's recommendation previously described. While section 915.16 does not require a perimeter buffer, a double frontage buffer is required pursuant to LDR section 913.09(6)(c)5 and section 913.09(3)(c)5, since the proposed subdivision road is on the project perimeter. Presently, there is a row of Australian Pines which straddles the shared east property line of the property. The applicant is not required to remove these nuisance trees since removal involves more than the project site. Therefore, the existing trees may remain and will satisfy the double frontage road buffer requirements. The applicant has indicated that he would like to remove these trees, if an arrangement can be worked out with the adjacent property owner. If the trees are removed, a suitable buffer would be required to be installed prior to the issuance of a certificate of completion for the subdivision improvements. The buffer would need to provide a 6' opaque feature within 3 years. The required buffer will need to be preserved and maintained, or a replacement buffer, approved by staff, will need to be installed prior to issuance of a certificate of completion. 15. Caribbean Fruit Fly Host Plant Issue: The existence of Caribbean Fruit Fly host plants near active citrus groves can adversely affect protocol approval of grove fruit. To help eliminate such potential adverse impacts, staff generally requests that developers of projects near active citrus groves coordinate with the agricultural extension agency and establish deed restrictions to prohibit host plants to the Caribbean Fruit Fly (see attachment #6) from occurring on the project sites. To date, such efforts have been strictly voluntary on the part of developers. After the host plant issue was raised at the Planning and Zoning Commission meeting, planning staff, the deputy county attorney, and the owner of citrus property adjacent to the Trails End site met to discuss the county's options in requiring a prohibition of host plants on the Trails End site and enforcing such a prohibition. Staff concluded that there are three possible means that the county could use to directly address the host plant issue: 1. Prohibit host plants on the Trails End site and rely on code enforcement action if host plant problems arise. 2. Require a deed restriction on the Trails End lots that prohibits host plants. 30 FEBRUARY 6, 1996 3. Require citrus_ of host the Trails End developer to grant owners an easement that prohibits the plants on the Trails End site.' to nearby occurrence After reviewing the issue further, planning staff has concluded that an easement requirement would be a significant departure from its current regulations and policies which require compensation for easements. Also, it is planning staff's opinion that the first two options presented above would be effective in preventing host plants on the Trails End site. In recent discussions with staff, the applicant has indicated that he would not object to a condition establishing a host plant prohibition and requiring a deed restriction prohibition. In planning staff's opinion, such a condition incorporating these two options would adequately and equitably address the host plant issue. 16. Waivers: The applicant is not requesting any waivers through the PD process, and none will be granted if this request is approved. 17. Surrounding Land Use and Zoning: North: 21st Street S.W., Citrus Groves/A-1 South: Citrus Groves/A-1 East: Citrus Groves/A-1 West: 58th Avenue S.W., Citrus Groves/A-1 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant PD -special exception use approval with the following conditions: 1. That prior to issuance of a land development permit, the applicant shall obtain an Indian River County Wetland Resource permit. 2. That prior to or via the final plat approval, the applicant shall dedicate without compensation right-of-way for 21st Street S.W. sufficient to complete the local road right-of-way width of 601. 3. That the minimum building setback from the east and south property lines be 50' from the perimeter property line. 4. That a 6' high opaque double frontage buffer be preserved along the project east property line where the road is adjacent to the property line, or that such a buffer be installed prior to issuance of a certificate of completion if existing vegetation along the east property line is removed. 5. That, as referenced in attachment #6 of this report, Caribbean Fruit Fly host plants shall be prohibited within the Trails End Subdivision%with said prohibition enforceable through the county code enforcement board. Prior to or at the time of final plat recording, a deed' restriction acceptable to the county attorney's office shall be recorded and established on the Trails End site prohibiting the occurrence of the. referenced Caribbean Fruit Fly host plants. 31 FEBRUARY 6, 1996 MOK 97 pvE 202 Boa 97 PALE 203 Planning Director Stan Boling reviewed the 5 conditions of approval recommended by staff, and discussion ensued on condition #5, the prohibition of the Caribbean Fruit Fly host plants within the Trails End Subdivision, with said prohibition enforceable through the Code Enforcement Board. Commissioners Eggert and Macht were concerned about using County personnel to police the host plants. Commissioner Tippin emphasized that the citrus people are out there making a living on ag-zoned land, and, as time goes on, there are prohibitions about what they can ship and where they can ship it. If there is a host plant within so many hundred feet of a grove, a restriction could be placed on shipping the fruit. It's getting worse. The Japanese won't touch anything that has been subjected to certain fungicides, etc. The citrus growers are becoming more and more restricted all the time as to how they can market their fruit. Commissioner Tippin felt that if we are going to allow residential use in agriculturally zoned land, then we shouldn't allow anything that is going to prohibit the citrus growers from shipping their fruit. Commissioner Eggert inquired about the allowance of the Australian Pines as a buffer when they also are considered nuisance trees, and Director Boling explained that the trees straddle the shared east property line and the removal and replanting would involve more than the project site. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. Peter Beuttell, applicant, advised that the question of the Australian Pines on the east property line came up at the meeting of the Planning & Zoning Commission. His problem in removing them is bearing the expense of taking them out if he and Mr. Elliott can come to agreement on that. Mr. Elliott has suggested replanting the 1200 -foot berm area with cedars that the Edsels have used as a windbreak. They apparently grow to a height of 15-20 feet. However, he understood that the County requires an irrigation system with a revegetation project, and he would like a little flexibility as far as that goes. Director Boling explained that in a case such as this, they would have to establish that the cedars were drought tolerant. Chairman Adams understood then that they could be watered from a water truck for the first couple of weeks, and Director Boling responded affirmatively, adding that in this type of buffer a 3 - year growing period is allowed to achieve the required height. 32 FEBRUARY 6, 1996 Commissioner Bird understood that the County is not saying that he has to leave the trees nor saying that he has to take them out. Rather, we would encourage him to take them out and replace them with a non -exotic species, which he has indicated he might be willing to do. Mr. Beuttell confirmed that he would be willing to remove the pines and plant cedars if he wasn't required to put in an irrigation system, and Chairman Adams said that we just took care of that if a zeroscape is done. Deputy County Attorney Will Collins wanted to address a couple of the issues that the P & Z raised about the Caribbean fruit fly: 1) The County would not be enforcing the deed restriction. If there was a deed restriction prohibiting certain kinds of plants because they are host to the Caribbean fruit fly, that would be for the property owners' association or members to enforce. 2) Since we are putting a Planned Development into an agricultural area, the Board can give PD approval with the condition that they not have any host plants. If they did, that could be brought to Code Enforcement rather than filing suit in court like the property owners might. Code Enforcement could simply notify them that the plants are prohibited and that they have 30 days to remove them. It is simply a second option; we are not enforcing the deed restriction. 3) The deed restriction and condition could be drafted such that the prohibition of host plants terminates upon the actual use of the land being amended from agricultural to some urban use for the existing citrus. We don't have to come up with the exact language today because the deed restriction won't be in place until the final plat is approved. He felt we can work out termination of such a condition and the restrictive covenant at such time that citrus is no longer grown adjacent to the property. Mr. Beuttell stated that he really did not have a problem with having some kind of covenant in there because he sympathizes with the citrus growers. The problem should be taken care of and he is willing to do that. Ed Elliott, partner in Elliott and Johnson Groves and part owner of 80 acres to the east, felt that the deed restriction puts the enforcement of trying to eliminate the host plants on the property owners or the citrus growers around the Planned Development. They feel that the responsibility on this issue should fall back on the County. Mr. Elliott stressed that this is 33 BOOK 97 �tvF2�,�� FEBRUARY 6, 1996 Boos 97 PAE205 still predominantly agricultural land. He realized that all of it eventually will be developed, but until that time comes, they should be allowed to operate as a citrus venture. He had a problem with the statement that once development comes in there, aerial spraying would be out. He didn't think that was quite the case. If it is, they might as well hang it up right now. Mr. Elliott just wanted to voice his opinion on this issue and he thanked the Board for their consideration. Chairman Adams expressed concern about aerial spraying being too close to the homes because of the drift, and Mr. Elliott gave assurance that the material used is very, very safe and it doesn't harm anyone. However, there are people out there that are concerned about everything, sometimes a little more so than they should. He just didn't feel that we can say that aerial spraying would have to stop completely. Chairman Adams just didn't want our Code Enforcement people put in the position of having to chase planes down because aerial sprays fell on someone's house or etched their cars. That is her concern. There being no others who wished to be heard, Chairman Adams closed the Public Hearing. Commissioner Macht stated he would move approval of staff's recommendation if the wording in Condition #5 was changed by adding a period after "prohibited within the Trails End Subdivision" and deleting "with said prohibition enforceable through the county code enforcement board." A brief discussion ensued on whether or not to include "enforceable through the county code enforcement board." Commissioner Tippin commented that it was fine for the County to spend money in their efforts to bring in new industry, but he felt we also should be protecting the existing citrus industry. Commissioner Eggert noted that one of the major objectives in the Comp Plan is to protect agriculture. She felt that in this case, where the development is totally surrounded by citrus and the owner of the development willing to participate in this, we should go ahead with just the way it is recommended. County Attorney Charles Vitunac advised -that the special conditions protect the public, whereas deed restrictions protect the internal people; therefore, he felt that Code Enforcement is the proper method of enforcement for special conditions. Code Enforcement protects the general public. Chairman Adams asked if would still bring Code Enforcement 34 FEBRUARY 6, 1996 into the enforcement of the host plants if we put a period after "Trails End Subdivision", in Condition #5. Attorney Vitunac explained that it would if it is in the special exception; if it is in the deed, it is a private issue. Attorney Collins advised that the recommendation is to approve it with conditions. If you put a period after "Trails End Subdivision" in Condition #5, it is still enforceable. The prohibition of these plants is a condition of approval. If they violate that condition, then the County could take it to Code Enforcement. The County would not be enforcing a private deed restriction -- that would be up to a property owners' association to enforce. The County cannot spend money to enforce private deed restrictions, but we can utilize Code Enforcement to enforce development conditions that are put in place to protect the public interests in the citrus industry. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously granted PD special exception use approval with the 5 conditions as set out in staff's recommendation. PUBLIC HEARING - ORDINANCE AMENDING REGULATIONS GOVERNING WHEELCHAIR SERVICES VttW MACH PREMMUMM vaumm w Deng V41,0111 11. tndimt atror County. "arms COUNTY OF INDIAN R111M STATE OF FLOFUOA Before IM undersigned authority persorully appeared J. J. Schmemm. Jr. who an oath says that he L Btnlrnasa Mang of the Vero Beach Press4curn , adally rrwspaI Wallow at Vero Beach In Indian Rheer Counly, Ptodit that the attached copy at tlnmtlaerrront. belt a "wGick.cp In the matter of f� " c� ta the Cant. was Inrb• fished In sold newspaper In the taane of Qn�n• or o 9 9 t, Want further says that the Bald Vero Beach Prow four ral Is a newspaper pubgehad at Vero Beach, In sold Iaflan Rkw County. Florida, and UW the said newspaper has heretofore been co dlmmstir pnMtahed In said Indian Rher County, FWWA. each dally and has been eMered *81 sewM also mall matter at the post office In Vero Beach. In sold IMLs River Cann ty. Ftodda, for a p, IM of erre Tau nest preeedMg the "I publication of the attached copy of adverttaensnG and affiant further We Rat he has neither bald nor praMas . any person, firm or corporation any discount. rebate. commission or robust for the purpose of securing this adwnntaentant ler publication in the said newspaper. MorB.to end subscribed ttefae me thiea k-1* day of A.D. tB S� �t FAC Olil�i; £;n 1Boslnaes Mangy s .4y �• twlaubteetg�a�.rrotAmFtana.. Va.,in? • �`•- ra ^ ffi t ,.VWWARAC SPRAran "uun i.�rYMNSS a M of paten �' ilere�pp.prpuldes �of a �Y, 1 Vere Flat P� wr.a. dor 01'�IrbBIMMIe� tfb011gf♦ID � f��OMd —.wr..r� acnrr�l. of ft OR for "ing IF Hn uft = nes. nous at cera OIOa Of fere Cft ftwb fere eosin d 101 �It oners. IUD 2ft sown, v&O Myons ant nw tift In mw..a n7 be ands in Ois nbedn0 .mita to a e� fhel a vsbaBm tem d ft ; .. la e b qW �1 �y �sP�, 0isbawl std aMlderloe caft'B Mlerico 1 ft 100 of bad 19 nous in ativaroe d Sw meep ko Jena 1998 12.MM 35 FEBRUARY 6, 1996 BOX 97 �� Book 97 PA.0 207 The Board reviewed the following memo dated 1/31/96: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attornefp DATE: January 31, 1996 SUBJECT: PUBLIC HEARING - FEBRUARY S. 1996 PROPOSED ORDINANCE AMENDING REGULATIONS GOVERNING WHEELCHAIR SERVICES On January 16, 1996 the Board of County Commissioners authorized advertisement of the attached ordinance. The ordinance provides for regulations on non -emergency wheelchair transport services. Recommendation: Staff recommends approval of the ordinance. Assistant County Attorney Terry O'Brien advised that the proposed ordinance is a modification of Ordinance 95-22 that the Board adopted last September. This modification will require non- emergency wheelchair transport services to have a certificate of need. This takes into consideration the wheelchair services where no certificate of need and no government funds are required and it is strictly a private operation. Commissioner Eggert explained that when we were looking at wheelchair services before adopting the initial ordinance, we found that a number of groups had "in-house service." For example, the in-house service was going out to pick up people for out-patient therapy and then taking them home again. In talking to a number of them, they had no real objection to obtaining an E1 for a very minor payment like $25 or under and one which would be renewed automatically. We, in turn, would get information we need both for transportation disadvantaged and the MPO, in addition to knowing that vehicles were indeed carrying our residents around and were safe. She appreciated the Board's consideration of this modification. Chairman Adams opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Commissioner Bird, the Boa: Ordinance 96-031 amending wheelchair services. 36 FEBRUARY 6, 1996 Eggert, SECONDED by 3 unanimously adopted regulations governing a r � .....I.I, ORDINANCE 96- 03 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING REGULATIONS GOVERNING WHEELCHAIR SERVICES. WHEREAS, it is in the public interest to regulate non -emergency wheelchair transport services in Indian River County, and WHEREAS, the degree of regulation can be at two different levels with respect to government funded trips and private paid trips, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Section 301.14 is hereby amended as follows: Section 304.14. Certificate requirements. 1. 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" or "El" certificate. 2. Anv person who provides wheelchair directly or indirectly with government funds shall be required to have a class "E" certificate. 3. Any person who provides wheelchair where said services are not paid for in either directly or indirectly with Lrovernme reouired to have a class "E1" certificate. 4. To obtain an "E" certificate a showing of need for the service shall accompany the application. There shall be no showinz of need reauired for an "E1" certificate. Words indicated as $Yft0jt/ jjkt0 trj'i are deletions from existing law; words indicated as underlined are additions. 1 37 FEBRUARY 6, 1996 BOOK 97 PaGE 208 BOOK 97 PAPE 209 ORDINANCE 96- 03 Section 304.16 is hereby amended as follows: Section 304.16. Record Keeping. a. Any agency providing transportation under Paitf / X Certificate "E" of this chapter *M shall be under contract with the community transportation coordinator. Said contract *M shall set forth the specific record keeping requirement. All records shall be kept for a minimum of five (5) years. Said records shall be available for inspection. by a representative of the county. b. Anv aLrencv nrovidinLr transportation under anct such other relatect mrormatlon as ine rasa inrector requires. Said records shall be sent to the EMS Director iDeriodically when requested. No further record retention is Section 304.17 is hereby amended as follows: Section 304.17. Community transportation coordinator. All services subject to f4t1/ X Certificate "E" of this chapter 444 / *mob /att¢ / bad / f0t / iii/ Pith / of / M / *11010 / *W& / Wot"0741 f kihdt shall be under written contract with the community transportation coordinator and shall be coordinated through the Indian River County Community Transportation Coordinator. 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 legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Words indicated as are deletions from existing law; words indicated as underlined are additions. 2 38 FEBRUARY 6, 1996 M ORDINANCE 96- 03 effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6 day of February , 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 2 0 day of January 1996, for a public hearing to be held on the 6 day of February 1996, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bi rd , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht A y e Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 6 day of February, 1996. BOARD OF COUNTY COMMISSION Attest: INDIAN RIVER COUNTY, FLORIDA By�i a� 6 0�0,'Vk�J K . Ba Clerlt� C , Fran B. Adams, Chairman Effective date; This ordinance became effective upon filing with the Department of State which took place on 13th day of February , 1996. Indt-an River Ca Approved Dale r Adrnln. V,4• Le }al _ 6 au-7get �— Dept.s- Alsk Mgr. Words indicated as are deletions from existing law; words indicated as underlined are additions. 3 39 FEBRUARY 6, 1996 BOOK 97 F�AfE 210 BOOK 97 PAGE 211 PUBLIC HEARING - ORDINANCE ALLOWING COUNTY ADMMISTRATOR TO HANDLE SMALL PURCHASES OF RIGHT-OF- WAY UNDER $5000 VERO BEACH PRESS -JOURNAL Published Dally Vero Beads. Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath SO" that he Is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter o 41a. I Cr U' In the Court, was pub. lished In said newspaper In the issues oil . ri 1 Affiant further says that the said Vero Beach Press•Joumat is a newspaper published at Vero Beach, in said Indian River County Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .,., wont' C aPd subscribed tlefore me this i3 1 day of�� n- A.D. 19 !:•. a a + 1bu iness Manager) 41 C1*'r')p lily . Gc ....f' ^.f•Ap1, - msRAGuE-. Ar. �.• F� c� . r` ., NOTARYPlJBLIC, I ^11j. 411118 29. �{i� r`r�% Cmiararswn Nwnbor. (;C3005721 w 997 `'r �' •'' AD i :..; r:hPlI,ARA C SPHAf;I 40 FEBRUARY 6, 1996 0301 ( TM TOr—wQ764 T PRI PROPERTY A�0CI0UN1��j3AOORLTNEt<LE89 11 kftesw uw j is P';ed Mbf tiffp�, C.Maw We ' 1 aq a11hs oHlo. of M CW tle "'re ba s, tela Z$s►'seeet Vero. aPPkckdnkbo%l 9 "°'e' arra �� eMrtd► i 0 whoaped iodormror�eBod for Edp 408 At bW 48 iho s in Sam= d Jan. 90, is" 171079II r my The Board reviewed the following memo dated 1/31/96: TO: Board of County Commissioners f" FROM: Terrence P. O'Brien - Assistant County Attorney DATE: January 31, 1996 SUBJECT: PUBLIC HEARING - FEBRUARY 69 1996 PROPOSED ORDINANCE AMENDING SECTION 105.01 OF THE INDIAN RIVER COUNTY CODE On January 16, 1996 the Board of County Commissioners authorized advertisement of the attached ordinance. The ordinance amends Section 105.01 to allow the County Administrator to handle small purchases of right-of-way under $5,000. Recommendation: Staff recommends approval of the ordinance. Chairman Adams opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved Ordinance 96-04, amending Section 105.01 of the IRC Code to authorize the County Administrator to purchase on behalf of the County real property costing $5,000 or less. ORDINANCE 96- 04 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 105.01 OF THE INDIAN RIVER COUNTY CODE TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PURCHASE REAL PROPERTY ON BEHALF OF THE COUNTY COSTING $59000 OR LESS. WHEREAS, Section 105.01 of the County Code currently authorizes the County Administrator to purchase or contract for supplies, equipment, or services costing $5,000 or less; and WHEREAS, the County, in its right-of-way acquisition program purchases small portions of parcels of land for right-of-way; and FEBRUARY 6, 1996 41 BOOK 97 F,� a M Bm 97 ph -GE 213 WHEREAS, the acquisition of the small parcels can be handled more expeditiously by authorizing the County Administrator to complete the purchase, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Section 105.01 is amended by the underlined addition to read as follows: Section 105.01. Authority of county administrator. Except as otherwise provided by Florida Statutes, the county administrator or his designee is granted authority to purchase or contract for supplies, materials, equipment, real property, or services (other than services under section 287.055, F.S.) costing five thousand dollars ($5,000.00) or less for the county after taking such action as the county administrator shall deem necessary to obtain the best price for the county. Any such purchase or contract may be executed by the county administrator in the name of the county without commission action, although copies of any such contracts shall be available to the commission for inspection. In an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the county administrator in his capacity as the county administrator, provided the county administrator certifies that a true emergency exists, and routes a copy of the contract to the commission for its inspection with a memorandum describing the emergency situation. 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. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Words indicated asare deletions from existing law; words indicated as underlined are additions. 42 FEBRUARY 6, 1996 M M M ORDINANCE 96- 04 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6 day of February , 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 20 day of January_, 1996, for a public hearing to be held on the 6 day of February , 1996, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner M a c h t , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 6 Attest: day of February, 1996. -b•e- BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA ByC'.l� l .�c�—,"11 Fran B. Adams,Chairman Effective date: This ordinance became effective upon filing with the Department of State which took place on 13th day of February 1996. indian River Ca 1 AVD FEBRUARY 6, 1996 43 9004 97 PA.f;E 21 BOOK 97 PACE 215 STATUS OF OLD COURTHOUSE - ANTHONY MASI Anthony Masi read aloud the following letter dated 1/23/96: • '- -DISTRIB T Commissioners Adminibi i r Attorney Personnel c Public Works Comrcunibl 3ev. M Uti:ities ` M Finance+ olws Emeig. Ss.% 1700 Ocean Dr. . # 2 ��-- Rizk M � Vero Beach, Fl. 32963 OiAe'r January 23, 1996 Commi sioner Fran B. Adams, Chairman �— Indian River County(IRC) Board of Commissioners(Board) 1840 25th Street Vero Beach, Fl. 32960 Dear Commissioner Adams, It is respectfully requested that my subject relating to the "Old Coyrt House" be placed on the Board's Agenda. The Editorial "Use Public Space," Press Journal,01/10/96, is on target} timely and reflective of how taxpayers feel. As a taxpayer who advocates the preservation of the "Old" courthouse, an historical legacy, county officials appear less than focused in -their plans to restore the building or to effectively utilize an abandoned judicial annex that has cost the taxpayers millions of dollars. At the outset we realize that each of you is sincere in servng the county as best you can, however, the editorial raises great concerns about the true intent of the county officials. Since 1990 there has been no confirmed plans for the adaptive uses or preservation of the "Old" courthouse other than "if not leased/sold in ninety days tear it down. To my knowledge, no firm action, has been taken to resubmit the Restoration Grant totalling $475,000.00. The AD HOC Committee for Adaptive Uses has not met in over a year and is not scheduled for a meeting, "TIME IS RUNNING OUT." Lack of tenants, inadequate preventive maintenance, unscheduled priority repairs and lax security continues to accelerate the deterioration of the abandoned buildings. The final cost will spiral into the millions for the alterations of or for the construction of a larger administration building, Before it will be considered for historical recognition, the integrity of the original courthouse fas-cade must be restored to its original design, any delay will seriously endanger Indian River County Historical Society(IRCHS) and the county's efforts to have it placed on the Register of Historic Places. The approval of the request for restoration funds could depend on it. To show good -faith, the county must provide funds and take action to restore the integrity of IRC's historic landmark. 44 FEBRUARY 6, 1996 M The lack of- preventive maintenance for the basement has cost IRC taxpayers over $20,000.00, to restore damaged records. An amount that would have eliminated the problems of a "leaky basement." and preserved court records. With expert restoration, rehabilitation and proper upkeep, the "Old" County courthouse still has many adaptive uses and can continue as an integral part of a County judicial complex. As the list of request and financial aid demand for State restoration funds increase, standards for such funds will tighten. Officials of the Florida Division of Historical Resources in a critical review of all entries, look for an aggre44ve, clearly defined. time oriented, focused and financially supported plan that reflects a recipient's sincere desire to restore historical landmarks. Such a desire and focus is lacking among IRC county officials. Unlike other counties that have received funds for the restoration of historic courthouses, IRC officials appear to have litle interest in planning the future of, or saving the "Old" courthouse. Although, an integral part of the community, since the early days of IRC, and a symbol of a traumatic period in the history of IRC, Florida and the nation, no effort was made by county officials until 1995 to apply for restoration state funds. Are county officials still planning to raze the historic landmark? Since 1990, the planning and focus has been on the new courthouse. Funds appropriated for maintenance of the "Old" courthouse has been inadequate, The historic landmark has been grossly neglected. County officials continue to shift their responsibility for restoration funds to the IRCHS, or other groups that have questioned the future of this famous landmark. "The responsibility for the preservation, condition and future of the "Old" courthouse lies with •county officials not with IRCHS or similar organizations. State funds, alone should not be looked upon,as a panacea or ultimate answer for its overall restoration. The success of many Florida county officials in obtaining state funds is due to long established term plans, aggresive and supportive leadership, strong staff support and appropriated county funds during the initial restoration phases. To improve its chances for added state funds, IRC officials should show more support and follow the lead of: (1) Citrus County. About a decade ago, County officials, realizing the need for larger quarters, began planning the restoration and adaptive use of the old courthouse. By 1994 45 FEBRUARY 6, 1996 BOOK 9 7 wa 6 aoox 97 PA;F-217 the county had reached its third and final phase. Citrus now has an historical courthouse that has been restored and can be used for various public functions (2) Palm County is seeking funds and plans to make a 1916 courthouse part of a new and modern judicial complex. (3) Baker County has restored a 1908 courthouse and adapted it for use as a library. (4) Bradford'County restored and remodeled its 1902 courthouse for use as a satellite campus of Santa Fe Community College, (S) Martin County's old courthouse is located in downtown Stuart and has an adaptive use as a cultural center. (6) Other courthouses that have been restored and continue their original function as courthouse are: the 1926 Orange County courthouse, the 1926 Sarasota courthouse and the 1929 Okeechobee courthouse, All have been incorporated as an integral part of government complexes. RECOMMENDATIONS: (1). Retain the "Old" courthouse as an historical landmark (2) Resubmit application for restoration fund_ (3) Schedule a meeting of the AD Hoc Committee and reassess other adaptive uses. i.e. as a Community College satellite campus, Adult Education Center, etc. (4) Encourage the School Board to move from the Administration building, to the "Old" courthouse complex. (S) Appropriate funds to restore both the integrity of the fascade of*the "Old" courthouse, and to implement my suggestions to eliminate the cause of a leaky basement. (6) Until a decision' is made, hold the responsible county officials accountable for the funding of adequate and scheduled maintenance for the protection of the Courthouse. (7) Contact all interested parties and provide incentives to encourage public, non-profit and private uses_ Respectfully submitted Y,45, Chairman Adams thanked Mr. Masi for coming and expressed the Board's appreciation of his concern over the old courthouse. Commissioner Bird didn't have a problem with any of the 7 recommendations submitted by Mr. Masi. 46 FEBRUARY 6, 1996 - M Administrator Chandler advised that we will be resubmitting the grant application; we have between $600,000 and $700,000 set aside in our -optional sales tax program as a match for that. Commissioner Macht advised that Ruth Stanbridge has agreed to personally present the application in Tallahassee for no more than her living expenses. There is no additional fee. The ad-hoc committee is waiting for the School Board to make their final decision. Then, if necessary, they will consider other tenants. Administrator Chandler confirmed that we have continued to maintain the old courthouse. The air conditioning is operating at $2000 a month and sump pumps are running, etc. The leaking that occurs around the windows, in the joints, etc., is more than just a routine maintenance situation. We anticipated that part of the grant funds could be used to address that type of situation. The School Board is trying to establish realistic costs in terms of using that facility. They are looking very closely at those costs. There is no question that water will be a major concern. Commissioner Macht believed that if the School Board does occupy that building, the potential for savings to the taxpayers is approximately $12-$15 million. CONDEMNATION, DEMOLITION & REMOVAL OF UNSAFE STRUCTURES The Board reviewed the following memo dated 1/5/96: TO: James E. Chandler county Administrator DATE: January 5, 1996 SUBJECT: Condemnation, Demolition and Removal of Unsafe Structures THROUGH: A,,A Robert M. Beating, Director/�Vv{K Community Development Department FROM: Ester L. Rymer, MV Building Division It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 6, 1996. DESCRIPTION AND CONDITIONS: The structures described in the attached detail have been condemned and ordered repaired or removed. Said structures have been inspected by staff, and are considered unsafe and detrimental to the health, safety, and welfare of the general public. 47 900K 97 fAGE218 FEBRUARY 6, 1996 BOOK 97 PAGE 219 As per county code requirements, the owners of the properties were issued notices to repair or remove the structures, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, condemnation cards were posted on the properties. Because staff could not obtain legal service for the condemnation notice on the property owned by Lynn C. and Ludy Bell Monts (#2 on attached list), and property owned by Ardella Ellison (#3 on attached list), a public notice was posted at the Indian River County Courthouse. ANALYSIS: The subject structures have been vacant for a considerable time. During that time, the buildings have continued to deteriorate and have been frequented by vandals and transients. Not only have the owners failed to maintain the structures in compliance with the Minimum Standard Codes, they have failed to bring the structures into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structures. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare said structures a nuisance, and order the buildings demolished with related debris removed from the property by .the County Road and Bridge Department. Staff further recommends that the Board adopt the attached resolution authorizing the Building Official to report the county's demolition and debris removal cost for each structure to the county attorney for the preparation and recording of a lien to be placed on the real property of the owner .of each demolished unsafe structure for the purpose of recovering the county's costs. EXHIBIT "A" 1. OWNER: Ms. Gertrude Hargrove 4215 25th Avenue Vero Beach, Fl 32967 PROPERTY: 4200 Block of 24th Avenue PARCEL #: 26-32-39-00000-3000-00016.0 LEGAL DESCRIPTION: Beginning at SE Corner of Annie Gray Battle Tract, run West along South line 520 feet, North 105 feet for beginning, West .420 feet, North 105 feet, East 420 feet, and South 105 feet to beginning. D Book 31, PP 27. a. Inspection made/report issued b. Condemnation Notice Mailed/Certified receipt received C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by Certified mail e. Notice to owners of BCC hearing/ Certified receipt received 48 FEBRUARY 6, 1996 2. OWNER: Lynn C. and Ludy Belle Monts P. O. Box 5296 Vero Beach, F1 32961-5296 PROPERTY: 1845 37th Place PARCEL #:26-32-39-00010-0140-00190.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2)23, Lots 190, 191, and 192, Block 14. a. Inspection made/report issued b. Condemnation Notice Mailed/ Certified receipt received C. Condemnation Cards Posted on property/affidavit signed d. Notice to owners of BCC hearing by Certified mail, returned unclaimed e. Public Notice posted at Courthouse 3. OWNER: Ardella Ellison 1775 38th Place Vero Beach, F1 32960 PROPERTY: 1775 38th Place PARCEL #: 26-32-39-00010-0090-00126.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2)32, Lot 126, Block 9. a. Inspection made/report issued b. Condemnation Notice Mailed/Returned undeliverable C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by certified mail e. Notice to owners of BCC hearing/Returned undeliverable f. Public Notice posted at courthouse 4. OWNER: Ivey L. Williams, Jr. 4246 31st Avenue Vero Beach, Fl 32967 PROPERTY: 1830 and 1850 38th Lane PARCEL #: 26-32-39-00010-0020-00027.0 LEGAL DESCRIPTION: W. E. Zeoffreys Sub PBS 2)32, Lots 27, 28 & 29, Block 2. a. Inspection made/report issued b. Condemnation Notice Mailed/ Certified receipt received C. Condemnation Cards Posted on property/affidavits signed d. Notice to owners of BCC hearing/ Certified receipt received 5. OWNER: Hazel Lee and Nancy Lewis 4756 35th Avenue Vero Beach, F1 32967 PROPERTY: 4330 (AKA 4336) 31st Avenue PARCEL #: 27-32-39-00001-0000-00018.7 LEGAL DESCRIPTION: Cannon Sub PBI 2-77, North 44 Feet of West 155 Feet Of Lot 18. a. Inspection made/report issued b. Condemnation Notice Mailed/Certified receipt received c. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by Certified mail e. Notice to owners of BCC hearing/Certified receipt received 49 FEBRUARY 6, 1996 BOOK 97 eaf E 299 Born 97 PnE 221 Building Director Ester Rymer recommended that the Board consider each condemnation item separately. Community Development Director Bob Keating advised that the total cost for all the structures under consideration today is $34,605 and approximately $19,245 of that is for Landfill costs. ITEM ##1 1. OWNER: Ms. Gertrude Hargrove 4215 25th Avenue Vero Beach, F1 32967 PROPERTY: 4200 Block of 24th Avenue PARCEL #: 26-32-39-00000-3000-00016.0 LEGAL DESCRIPTION: Beginning at SE Corner of Annie Gray Battle Tract, run West along South line 520 feet, North 105 feet for beginning, West .420 ; feet, North 105 feet, East 420 feet, and South 105 feet to beginning. 'D Book 31, PP 27. a. Inspection made/report issued b. Condemnation Notice Mailed/Certified receipt received C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by Certified mail S. Notice to owners of BCC hearing/ Certified receipt received Director Rymer advised that Road & Bridge has indicated that they can remove 5 of the 7 structures with their equipment. Mrs. Hargrove has said she does not have the money to remove the structures and therefore expects the County to remove the structures and place a lien on the property. The costs for this property are $21, 655 which includes Landfill cost of $13,220. Director Rymer recommended that the Board condemn all of the 7 structures, which would allow her to get bids from private companies to remove the remaining 2 structures. Administrator Chandler confirmed that we will get quotes from private firms for the structures that cannot be handled through Road and Bridge and noted that money probably will come from the M.S.T.U. contingency. Commissioner Tippin knew that two of the owners of these buildings are long since dead, and he felt that the odds for recovering anything are nil. No one was present to speak for the owners. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the condemnation, demolition and removal of 7 structures with respect to Item #1. 50 FEBRUARY 6, 1996 s ITEM #2 2. OWNER: Lynn C. and Ludy Belle Monts P. O. Box 5296 Vero Beach, F1 32961-5296 PROPERTY: 1845 37th Place PARCEL #:26-32-39-00010-0140-00190.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2}23, Lots 190, 191, and 192, Block 14. a. Inspection made/report issued b. Condemnation Notice Mailed / Certified receipt received c. Condemnation Cards Posted on property/affidavit signed d. Notice to owners of BCC hearing by Certified mail, returned unclaimed e. Public Notice posted at Courthouse Director Rymer advised that in talking to the owners yesterday they indicated they were going to try to remove the structure themselves and save some money. That structure is about 600 demolished, but she recommended that the Board go ahead and take action on it just in case they stop working on it and we have to go in and finish. The cost is approximately $1,366. Part of the rubble has been taken off the property, but they have a dumpster there. No one was present to speak for the owners. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously authorized the condemnation, demolition and removal of structure with respect to Item #2. ITEM #3 3. OWNER: Ardella Ellison 1775 38th Place _ Vero Beach, F1 32960 PROPERTY: 1775 38th Place PARCEL #: 26-32-39-00010-0090-00126.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2}32, Lot 126, Block 9. a. Inspection made/report issued b. Condemnation Notice Mailed/Returned undeliverable C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by certified mail e. Notice to owners of BCC hearing/Returned undeliverable f. Public Notice posted at courthouse Director Rymer advised that the costs for this item come to $2,860. No one was present to speak for the owner. 51 FEBRUARY 6, 1996 BOOK 97 P,$f F 222 BOOK 97 PAGE 223 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously authorized condemnation, demolition and removal of structure with respect to Item #3 by either Road & Bridge or a private company. ITEM #4 4. OWNER: Ivey L. Williams, Jr. 4246 31st Avenue Vero Beach, F1 32967 PROPERTY: 1830 and 1850 38th Lane PARCEL #: 26-32-39-00010-0020-00027.0 LEGAL DESCRIPTION: W. E. Zeoffreys Sub PBS 2)32, Lots 27, 28 & 29, Block 2. a. Inspection made/report issued b. Condemnation Notice Mailed/Certified receipt received c. Condemnation Cards Posted on property/affidavits signed d. Notice to owners of BCC hearing/Certified receipt received Director Rymer advised that there no one was here to speak for the owner. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized condemnation, demolition and removal of structures with respect to Item #4. ITEM #5 5. OWNER: Hazel Lee and Nancy Lewis 4756 35th Avenue Vero Beach, Fl 32967 PROPERTY: 4330 (AKA 4336) 31st Avenue PARCEL #: 27-32-39-00001-0000-00018.7 LEGAL DESCRIPTION: Cannon Sub PBI 2-77, North 44 Feet of West 155 Feet Of Lot 18. a. Inspection made/report issued b. Condemnation Notice Mailed/Certified receipt received C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tag Certificates by Certified mail S. Notice to .owners of BCC hearing/ Certified receipt received Director Rymer advised that this involves just one structure. Two addresses are shown, but one was incorrect. No one here to speak for the owner. 52 FEBRUARY 6, 1996 ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously authorized condemnation, demolition and removal of structure with respect to Item #5. Commissioner Bird hoped that someone is trying to work with some of the owners in the first group of owners. Most of those are CBS buildings on a slab that should have some economic value if someone were willing to put up the money to go in there and repair them and provide affordable housing in that area. Unfortunately, the way it is going to work out now is that we are going to tear them down, the property owner loses whatever value they have, we lose the ability to renovate them into usable buildings, and we get stuck with a $20,000 demolition charge that is never going to be paid. A lien will be placed on the property, which means it is very unlikely that it would ever be sold. It will just sit there in limbo. Attorney Vitunac advised that we can reduce the lien on judgment and take title to the property, and that could be done in a year's time. Chairman Adams asked if SHIP is interested in restoring these structures into livable houses, and Community Development Director Bob Keating advised that could be done if someone showed an interest in the structures. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 96-23, providing for the demolition of unsafe structures and the recovery of costs. RESOLUTION NO. 96-.23 A RESOLUTION OF THE BOARD OF CO=rrr CM=gSIONSRS OF ZNDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR TSS DMWLITION OF UNSAFE STRUCTURES AND TSS RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Standard Unsafe Buildings Abatement Code (SUBAC), 1985 Edition (at Section 401.01, Indian River County Code); and WEMMAS, Section 701 of the Standard Unsafe Buildings Abatement Code provides for the recovery of the costs of repairs and/or demolitions to unsafe structures by policies and procedures established by the local governing body= and 53 FEBRUARY 6, 1996 BOCK P' r, _I BOOK 97 PACE 225 RESOLUTION NO. 96- 23 WBffitwo, Section 100.080 provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against the owner of property or person responsible for compliance with the Code for the costs incurred by the County; and WHEREAS, pursuant to Chapter 162, F.S., notice of intent to adopt a lien resolution has been given to the proposed lienee, NOW, TBERRFORE, BE IT RESOLVED BY TBS BOARD OF COUNTY OF INDIAN R=VZR COUNTY, FLORIDA, that the unsafe structures on the property described on the attached Exhibit "A" be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the owner of the property upon which each unsafe structure is located, as identified in the attached Exhibit "A". The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare lien(s) for the recovery of those costs, to be placed upon the real property of the owner of the unsafe structures as listed in the attached Exhibit "A", any such liens bearing interest at the rate of ten percent (10%) per annum from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. The foregoing resolution was offered by Commissioner Mac ht and seconded by Commissioner Egger t , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner John W. Tippin Ay e Commissioner Kenneth R. Macht Aye 54 FEBRUARY 6, 1996 RESOLUTION 96-23 The Chairman thereupon declared the resolution duly passed and adopted this 6 day of February , 1996. BOARD OF COMM CORMSSIONEW n1DXAB RIVER CODATr, FLORIDA ATTEST: By: � /Q/oc- qg jda6'X.0 Fran B. Adams, Chairman ,)Jef rey 1C. Barton Clerk b.e. EXHIBIT *As 1. OWNER: Ms. Gertrude Hargrove 4215 25th Avenue Vero Beach, F1 32967 PROPERTY: 4200 Block of 24th Avenue PARCEL #: 26-32-39-00000-3000-00016.0 LEGAL DESCRIPTION: Beginning at SE Corner of Annie Gray Battle Tract, run West along South line 520 feet, North 105 feet for beginning, West .420 feet, North 105 feet, East 420 feet, and South 105 feet to beginning. D Book 31, PP 27. a. Inspection made/report issued b. Condemnation Notice Mailed / Certified receipt received C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tau Certificates by Certified mail e. Notice to owners of BCC hearing/ Certified receipt received 2. OWNER: Lynn C. and Ludy Belle Monts P. O. Bou 5296 Vero Beach, F1 32961-5296 PROPERTY: 1845 37th Place PARCEL #:26-32-39-00010-0140-00190.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2}23, Lots 190, 191, and 192, Block 14. a. Inspection made/report issued b. Condemnation Notice Mailed/ Certified receipt received C. Condemnation Cards Posted on property/affidavit signed d. Notice to owners of BCC hearing by Certified mail, returned unclaimed e. Public Notice posted at Courthouse 3. OWNER: Ardella Ellison 1775 38th Place Vero Beach, Fl 32960 PROPERTY: 1775 38th Place PARCEL #: 26-32-39-00010-0090-00126.0 LEGAL DESCRIPTION: W. E. Geoffreys Sub PBS 2}32, Lot 126, Block 9. a. Inspection made/report issued b. Condemnation Notice Mailed/Returned undeliverable C. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tau Certificates by certified mail e. Notice to owners of BCC hearing/Returned undeliverable f. Public Notice posted at courthouse FEBRUARY 6, 1996 55 BOOK 97 PAGE226 BOOK 97 PAGE 227 RESOLUTION 96-23 EXHIBIT "A" 4. OWNER: Ivey L. Williams, Jr. 4246 31st Avenue Vero Beach, F1 32967 PROPERTY: 1830 and 1850 38th Lane PARCEL #: 26-32-39-00010-0020-00027.0 LEGAL DESCRIPTION: W. E. Zeoffreys Sub PBS 2)32, Lots 27, 28 & 29, Block 2. a. Inspection made/report issued b. Condemnation Notice Mailed/ Certified receipt received C. Condemnation Cards Posted on property/affidavits signed d. Notice to owners of BCC hearing/ Certified receipt received S. OWNER: Hazel Lee and Nancy Lewis 4756 35th Avenue Vero Beach, Fl 32967 PROPERTY: 4330 (AKA 4336) 31st Avenue PARCEL #: 27-32-39-00001-0000-00018.7 LEGAL DESCRIPTION: Cannon Sub PBI 2-77, North 44 Feet of West 155 Feet Of Lot 18. a. Inspection made/report issued b. Condemnation Notice Mailed / Certified receipt received c. Condemnation Cards Posted/affidavits signed d. Notices to holders of Tax Certificates by Certified mail e. Notice to -owners of BCC hearing/Certified receipt received LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE"BOARD 56 FEBRUARY 6, 1996 M M M M M PROPOSED PURCHASE OF PRANG ISLAND - LAAC SITE The Board reviewed the following memo dated 1/30/96: TO: James E. Chandler County Administrator DEP NT HEAD CONCURRENCE: c e ere M. Reat , ICP Community Develop—bn1tt Di for FROM: Roland M. DeBlois,nAICP Chief, Environmental Planning DATE: January 30, 1996 SUBJECT: PROPOSED PURCHASE OF PRANG ISLAND LAAC SITE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 6, 1996. Staff recommends that the Board of County Commissioners approve the attached Option Agreement for purchase of the Prang Island (a.k.a. Prange Islands) project with land acquisition bond funds. The proposed purchase contract (already executed by the seller) is summarized as follows: Purchasers Indian River County Board of County Commissioners / Florida Communities Trust (Indian River County will hold title) Seller: The Idlewyld Corporation, Inc. Cost -Share: Florida Communities Trust (40%) (includes share of acquisition costs) Total Price: $696,000 (+;26,274 per acre overall) Other Costs: +$44,000 (appraisals, survey, environ. audit, title insurance, management plan) 22!!Rtz Bonds Expend tnrea +$443,736 (not including initial management costs) Scr : +26.49 Acres (22.41 uplands; 4.08 wetlands) Principal Condition: • Closing subject to County Commission and FCT Governing Body approval of purchase contract and project plan, including management plan. The Land Acquisition Advisory Committee (LAAC) considered this proposed acquisition at its regular meeting on Janaury 31, 1996. Since this staff report was prepared prior to the LAAC meeting, the Committee's action could not be reported in this staff report. Staff, however, will report LAAC's recommendation to the Buaru ni, the February 6, 1996 Board meeting. W 57 FEBRUARY 6, 1996 Booz 97 P,�u-228 Boa 97 Phar 229 DESCRIPTION AND CONDITIONS The subject Prang. Island(s ) project has been under consideration by LAAC since the Committee began reviewing sites in 1990. The Prang Island(s) project is currently ranked 18th out of 20 projects on the LAAC site acquisition list. The Vero Beach City Council has expressed strong support of the project acquisition since the project was initially identified for acquisition. Site Characteristics The project consists of two islands in the Indian River Lagoon, located within Vero Beach city limits just west of Castaway Cove Wave IV. The larger of the two islands (Prang Island) consists of +19.5 acres, -+2.9 acres'of which are mangrove wetlands. A +5 acre tropical (maritime) hammock exists on the south portion of Prang Island, with the remainder of the island consisting of Brazilian pepper and Australian pine. The existence of exotics is primarily due to past spoil deposit. A make -shift campsite exists under the Australian pine canopy on the north portion of the island, and a +4.3 acre seagrass bed exists along the northwest shore of Prang Island. The smaller north island, "Little Prang", is +7 acres in size, +1 acre of which is mangrove fringe wetlands. Approximately +4.5 acres of Little Prang Island are disturbed with Brazilian pepper and Australian pine vegetation. Prang Island is located near a known historic Ais Indian village site on the adjacent barrier island, and an archaeological shell midden is reported on Prang Island. The island's name comes from the Prange family who homesteaded the island in the late 1800s. Evidence of the Prange homestead exists in the maritime hammock portion of the island. Prang Island has a land use designation of RL, Low Density Residential, up to 5 units per acre. Little Prang has a land use designation of ES, Environmentally Sensitive, with a development density of up to one unit per 5 acres. The current owner has obtained preliminary plat approval for 20 single-family residential lots on Prang Island. However, because the State prohibits bridges to such islands and public utilities are not available, final approval for development of the 20 lot subdivision has not ,been forthcoming. •Ownership Characteristics Currently, the subject property is owned by the Idlewyld Corporation, Inc., represented by Ronald Rathburn. Public records indicate that the subject property was purchased by the current owner in 1979 as part of a bigger tract that has since been developed as Castaway Cove. The current tax assessed value is $122,930. •Acquisition Cost -Share a Property Management Two issues which are important with respect to all proposed purchases are obtaining cost share assistance in property acquisition and addressing management costs. 58 FEBRUARY 6, 1996 M M Cost -Share In 1993, Indian River County submitted an application to the FCT, which was subsequently approved for 40% cost -share funding, including 40% of pre-acquisition expenditures (e.g., survey, environmental audit, appraisals). At that time, the County retained a "Range of Value Letter" appraisal of the Prang Island(s), solely --for the purpose of providing an estimate of project cost for the FCT cost -share application. This Letter appraisal indicated a $700,000 to $1,3001000 range of value. To ensure that FCT allocated a sufficient amount of funds, the County used the higher estimate ($1,300,000) in its FCT application. For this reason, the FCT has reserved up to $540,000 for its purchase cost -share match. Because the approved appraised value and negotiated price are less than the estimate submitted in the FCT application, a request for additional FCT funds to satisfy the 40% match of the actual purchase cost is not necessary. Management Costs Besides cost share, management cost is always an issue with environmental lands acquisition. The FCT program, which is highly competitive state-wide, awards points for projects based on the provision of resource-based public access and use facilities. In order to qualify for FCT cost -share funding, the County obligated itself in its FCT application to provide limited access and resource-based facilities on the subject property. Specifically, conditions of the Conceptual Approval Agreement include County provision of a limited boat dock ( one or two slips) , nature trial, picnic area, and informational display. The County is also obligated in the FCT Agreement to remove invasive exotic vegetation, as applicable, and implement a resource management plan in coordination with forestry and wildlife agencies. A number of initial site improvements, including exotic plant removal, and resource management (e.g., native plant revegetation), can be paid for with bond referendum funds as part of the property acquisition. Improvements such as a limited boat dock will need to be funded by a source other than referendum monies. Potential funding sources include park development grants, county mitigation funds, and tree removal violation funds. Also, staff has become aware of Army Corps of Engineers and U.S. Fish and Wildlife Service funding opportunities relating to exotic plant removal and native plant restoration, which funding will be pursued. Relating to long term management, the property will be incorporated into the county -wide park system and managed by the County Parks Division in coordination with county environmental planning staff. Volunteer groups will be asked to assist the County with certain aspects of property management such as nature trail up -keep, Brazilian pepper control, and litter patrol. County staff has initiated discussions with City of Vero Beach staff regarding City assistance in management and related costs. As reflected in the draft management plan, county staff plan to bring this matter to the City Council to determine the extent of City contribution. County staff has opted t (see attached) drafted consultants, an option wh with FloridAffinity, Inc. estimated management and o have a management plan for the project by the county's acquisition/management ich is specified in the County's contract Page 21 of the draft plan summarizes development costs. 59 FEBRUARY 6, 1996 aooK 97 e,�cr P� Boor, 97 PnUE2.31. 'Appraisals In accordance with County Land Acquisition Guide and FCT .procedures, two independent appraisals were obtained (by the FCT). to determine an approved appraised value. The two appraisal firms selected were J.T. Namie & Associates, and Aucamp, Dellenback, & Whitney. The appraisals were subsequently certified by a review appraiser (Boyle Appraisal Service), as required by the FCT. The appraised values are summarized as follows. PRANG ISLAND APPRAISALS APPRAISER VALDE • DIVSRGMNCB APPROVED APPR. VALDE J.T. Namie & Assoc. $722,000 - Aucamp, Dellenback $675,000 6.5 $ - & Whitney $722,000 The negotiated purchase price of $696,000 is- 96% of the approved appraised value. eContract In coming to terms with FCT and county staff on the negotiated purchase price (subject to County Commission and FCT approval), the seller has executed a standard FCT purchase contract Option Agreement with minor modifications. A copy of that contract is attached to this staff report. ANALYSIS *Multiple Benefits e Environmental Education - As with most of the County's proposed acquisitions, the Prang Island purchase will enhance education in the County. With Prang Island, the educational function will consist of informational displays for boaters accessing the site. Also, the campsite existing on site is proposed to be maintained and made available for outings by groups such as the Environmental Learning Center and the Boy Scouts, on an appointment basis. e Comprehensive Plan Acquisition Commitment Conservation Policy 6.3 of the County Comprehensive Plan commits the County to acquire a minimum of 100 acres of coastal/tropical hammock vegetative community for conservation purposes. The Prang Island project contributes to fulfilling this policy by conserving +5 acres of tropical hammock. The project also furthers objectives in the County (and City) comprehensive plans relating to floodplain protection, open space, rare species conservation, and protection of archaeological/historic resources. eProject Plan To satisfy the FCT Conceptual Approval Agreement for cost -share funding, the County is required to submit a "project plan". In addition to an executed purchase agreement and approved management plan, a "project plan" includes: M FEBRUARY 6, 1996 M M M Statement of total cost Statement of award amount requested from FCT Statement that the project plan is consistent with local comprehensive plan Evidence that conditions imposed as part of the Conceptual Approval Agreement are satisfied - Affidavit that there is no existing or pending violation of any local, state, regional or federal laws or regulations on the project -site As confirmed by the Vero Beach City Planning Director, the Prang Island project as proposed is consistent with the City's comprehensive Plan. Documents of the project plan listed above - aside from Board approval of the purchase agreement and management plan - can be handled administratively, and have been provided to FCT by county staff contingent upon Board approval of the acquisition. *Public Hearing The attached Option Agreement is herein presented to the Board for initial concurrence, in order to submit a project plan to the FCT in time for FCT's recular meetinc on February Sth. In accordance with land acquisition guide (and State) requirements, staff will schedule a separate, advertised public hearing for the Board of County Commissioners to consider exercising the Prang Island Option Agreement. That public hearing will tentatively occur at a regular meeting of the Board in mid March. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Prang Islands) purchase contract Option Agreement and the attached management plan. Staff also recommends that the Board authorize staff to submit a Project Plan to the FCT to fulfill requirements of the FCT cost -share Conceptual Approval Agreement. 61 BOOK 97 PAc£1 FEBRUARY 6, 1996 co BOOK 9 ! PAGE 233 Roland DeBlois, Chief of Environmental Planning, advised that this is not the last time this matter will be before the Board. This is not a final purchase decision by the Board. It is a ratification of the option agreement so that we can submit it to the Florida Communities Trust at its regular meeting on February 8. The submittal includes a Draft Management Plan. We are planning to have a advertised public hearing in March which will be the formal purchase approval. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board approve the Prang Island purchase contract Option Agreement and draft management plan; and authorized staff to submit a Project Plan to the FCT to fulfill requirements of the FCT cost -share Conceptual Approval Agreement. Jim Granse, concerned citizen and member of the LAAC, was 100% in favor of this purchase and was aware that the City of Vero Beach is for it 100%. He pointed out that the County will pay 60% and Preservation 2000 under the Florida Communities Trust.will pay 40%, which automatically puts the State in the purchase of this property and then we do what they tell us to do. So, as long as we have $695,000 involved, he suggested the County buy the entire piece of property and thus with the City of Vero Beach be able to handle any problem that comes up. Commissioner Macht explained that FCT is strictly a funding mechanism; they exercise no control beyond the guidelines that they extend the money. Community Development Director Bob Keating further explained that initially FCT will take title to the property and then give the County title with a reverter to make sure that we use it for conservation purposes. Part of the requirement for them to cost share is that the local government prepare a management plan. He believed that everything in the management plan is consistent with what the County would want to do. He didn't anticipate any conditions or any control exercised by the State that isn't what the City and the County would want to do. Mr. Granse commented that the way it is set up right now, it looks like another park to him. It looks like we are going to have County parks and recreation in each of these pieces of property we have purchased so far, and that cost is really something to think about. 62 FEBRUARY 6, 1996 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. OPTION AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED HEALTH/LIFE INSURANCE The Board reviewed the following memo dated 1/31/96 and letter dated 2/6/96: TO: Members of the Board of County Commissioners DATE: January 31, 1996 SUBJECT: HEALTH/LIFE INSURANCE FROM: Joseph A B OMB Directo DESCRIPTION AND CONDITIONS Over two years ago Indian River County sent out Request for Proposals to hire a consultant to review primarily the employee group health insurance as well as life insurance, optional disability and develop a premium conversion plan. Siver Insurance Management Consultants were hired at a cost of approximately $18,400 to review our insurance. The result was a two year health insurance contract with Accordia of South Florida, Inc. that reduced the cost of insurance by more than $850,000 in 1994/95 and over $1,000,000 in a two year period. The contract expires September 30, 1996. Based on the recent trend in claims in our employee group health insurance program, we feel there is a potential for a significant increase in health fimra ►ce costs for the 1996/97 fiscal year. Health insurance is a very complex and specialized field. Indian River County does not have anyone on staff with the expertise to do an in-depth review of 1he health insurance plan and make recommended changes. A thorough review of the health insurance will take consultants several months; therefore, staff feels we need to hire a health insurance consultant to do the following: ► Review our existing health insurance plan ► Review our claims ► Review P.P.O. contracts ► Audit claims, if necessary ► Review all the County's options ► Make recommendations for changes in the plan ► Review and make recommendations on a premium conversion plan (cafeteria plan) ► Review our life insurance, disability, dental and other optional insurance ► Write documents to bid insurance, if necessary ► Review bid, if necessary The insurance consultant was chosen over two years ago after the County sent out Requests for Proposals. An insurance committee reviewed the proposal and recommended Siver Insurance Management Consultants. Siver Insmance Management Consultants has been used on a continuing contract basis. Staff would like permission to negotiate with Siver Insurance Management Consultants rather than sending out another Request for Proposal. The three reasons for this decision are: FEBRUARY 6, 1996 63 BOOK 97 pAcF.2+34 r -1 Bou 97 PnE 235 1. Siver Insurance Management Consultants is familiar with the current Indian River County Plan. 2. We were happy with their work and the results. 3. Time is of the essence. The cost is estimated to be $25, 000 which would come from account 502-246-513-033.19. RECOMMENDATION Staff requests permission to negotiate with Siver Insurance Management Cdnsultants and enter into a contrack GENE WADDELL P.O. Box 3488 Vero Beach, FL 32964 (407)567-2563 Fax(407)563-9192 February 6, 1996 Board of County Commissioners Indian River County, Florida Vero Beach, FL 32960 Gentlemen: The last few weeks, I have been counseling employees of the county in my business. I want to relay a general attitude of dissatisfaction with the group health insurance and it's service. I notice there is an RFP on today's agenda for a consultant to review, analyze and recommend any changes to this program. I encourage you to approve this RFP. Sincerely, 66 Gene Waddell 64 FEBRUARY 6, 1996 M M ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously authorized staff to negotiate with Siver Insurance Management Consultants, as set out in staff's recommendation. 43RD AVENUE 5 LANE WIDENING - ENGINEERING SERVICES AGREEMENT - CARTER ASSOCIATES. INC. The Board reviewed the following memo dated 1/25/96: TO: James E. Chandler, County Administrat THROUGH: James W. Davis, P. Public Works Direc FROM: Terry B. Thompson, P.E.00 Capital Projects Manager SUBJECT: Professional Engineering Services Agreement - 43rd Avenue Five Lane Widening DATE: January 25, 1996 FILE: 43RD.AGN DESCRIPTION AND CONDITIONS As approved by the Board on October 17, 1995, staff has negotiated the attached engineering ' services agreement with Carter Associates, Inc., Vero Beach, which provides for professional engineering and related services described as five lane widening, roadway and drainage improvements to 43th Avenue between 8th Street and 26th Street for a lump sum fee of $199,000. RECOMMMTIONS AND FUNDING Staff recommends authorization for the Chairman to execute the attached agreement. Funding to be from Secondary Road Construction Fund. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the Professional Engineering Services Agreement with Carter Associates, Inc., as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 65 FEBRUARY 6, 1996 BOOK 9 / PA E 236 BOOK 97 PAGE 237 FLEET MANAGEMENT UNDERGROUND FUEL TANK REMEDIATION/REBIBURSEMENT OF COUNTY EXPENDITURES The Board reviewed the following memo dated 1/31/96: TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Directo 41, SUBJECT: Fleet Management Underground Fuel Tank Remediation Reimbursement of County Expenditures RE: 1) J. Edward Monger to James Davis dated January 22, 1996 2) James Davis to Julio Pantojo, Gurr Omega, Inc, dated August 29, 1995 DATE: January 31, 1996 The Public Works Department has completed remediation of the abandoned Fleet Management Underground Fuel Tanks located at 4625 41 st Street. In June, 1993, about halfway through the project, Indian River County (CUENT) entered into an agreement with CReanAmerica Financial Corporation and TransAmerican Environmental, Inc. (CONSULTANT) which authorized the CONSULTANT to perform remedial activities on CLIENT'S properly and to seek reimbursement from the State of Florida under the Abandoned Tank Restoration Program. Special language was added to the agreement which stated that the CONSULTANT agrees to include in future reimbursement applications those costs incurred by CLIENT associated with the assessment and/or remediation of petroleum contamination associated with the site. CONSULTANT was to pay the CLIENT those costs reimbursed by the State within fifteen (15) days of receipt by CONSULTANT. In 1994, Gurr Omega, Inc. was assigned the agreement between the County and CAFC/TransAmerican Environmental. The Indian River County staff had no knowledge of the assignment and no contact with Gurr Omega staff so that the County costs on the project inured prior to the reimbursement agreement could be included In the reimbursement application Gurr Omega filed with Department of Environment Protection. In 1994, the County prepared a reimbursement application for $56,827.02 which was returned by Department of Environmental Protection. These costs were incurred prior to June 1993 and should have been Included for reimbursement. On October 20,1995, the Public Works Department met with Gurr Omega and the attomey for TransAmerican Environmental. The parties in attendance proposed that TransAmerican Environmental will hire an independent, third party Consultant to review the County's expenses incurred prior to June, 1993, to determine what expenses are eligible for State reimbursement. The County and TransAmerican must both approve the selection of the Consultant. The Consultant fees, not to exceed $1 M.00, would be paid by TransAmerican Environmental. Once eligible M FEBRUARY 6, 1996 � r � reimbursement costs are identified, TransAmerican Environmental, Inc. will pay those costs to the County, subject to terms included in the attached letter from J. Edward Menger, Attorney for TransAmerican Environmental, Inc. At this time, the attorney for TransAmerican Environmental, Inc. , Mr. Menger, is requesting approval of this letter of understanding. Shas paticipale taff d in developing this mediation procedure and is of the opinion that If the*County pursued legal action, the mediation proceeding would probably result. Since the County must approve the Consultant to review County costs, staff will seek the Ronda Department of Environmental Protection staff's opinion on the name of a qualified, Independent, third party reviewer. The Alternatives presented are as follows: Alternative No.1 Approve the letter of understanding dated January 22, 1996 from J. Edward Menger to James Davis and authorize execution by the Chairman. Alternative No. 2 Do not approve the letter of understanding and initiate legal action against TransAmerican Environmental, Inc. for breach of contract. Staff recommends Alternative No. 1. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the letter of understanding dated 1/22/96 from J. Edward Menger to James Davis re TransAmerican Environmental, Inc. and authorized the Chairman's signature, as recommended by staff. LETTER OF UNDERSTANDING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 67 FEBRUARY 6, 1996 Boos 97 P,�rf 238 BOOK 97 PAGE 239 TRAFFIC EWPACT FEE - DISTRICT 5 - 21ST STREET WIDENING - BUDGET AMENDMENT #011 The Board reviewed the following memo dated 1/17/96: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E Public Works Director SUBJECT, Traffic Impact Fee W) District 5 Funding for City of Vero Beach 21 st Street Widening between 19th Avenue and 14th Avenue - BA -011 DATE: January 17, 1996 DESCRIPTION AND CONDITIONS On February 7, 1995, the Board approved TIF District 5 funding in the amount of $365,000 for the City of Vero Beach 21st Street widening project. At that time, the funds were approved for the 94/95 Fiscal Year. Recently, the project was completed and the City is now requesting reimbursement in the amount of $365,000. At this time, the funding needs to be allocated in FY95/96 and payment be made to the City. RECOMMENDATIONS AND FUNDING Staff recommends that TIF District 5 funding be extended to FY95/96 for the City's 21st Street widening project and that payment in the amount of $365,000 be forwarded to the City. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously extended TIF District 5 funding to FY 95/96 for the City of Vero Beach widening project; authorized the payment of $365,000 to the City; and approved Budget Amendment #011, as recommended by staff. 68 FEBRUARY 6, 1996 � r TO: Members of the Board BUDGET AMENDMENT: Oil of County Commissioners FROM: Joseph A. Ba' d DATE: January 23, 1996 OMB Directo Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE ROAD IMPROVEMENT FEES/Cash Forward 101-000-389-040.00 $365,000 $0 EXPENSE ROAD RNAPROVEMENT FEES/ District 5 - Construction in Progress 101-155-541-066.51 $365,000 $0 PETITION FOR WATER SERVICE IN PORTION OF SUBURBAN ACRES S/D The Board reviewed the following memo dated 1/18/96: DATE: JANUARY 18, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHASTAM AND STAFFED MANAGER OF ASSE NT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PETITION FOR WATER SERVICE IN A PORTION OF SUBURBAN ACRES SUBDIVISION (34TH TERRACE, SOUTH OF 8TH STREET) INDIAN RIVER COUNTY PROJECT NO. UW -96 -02 -DS BACKGROUND A petition has been received from the residents of 34th Terrace (one of the two streets in Suburban Acres) requesting the County to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above-mentioned project. (See attached petition and plat map.) 69 Boa 97 P;h.;;� �0 FEBRUARY 6, 1996 BOOK 97 PAGE M ANALYSIS On 34th Terrace, 14 of the 16 platted lots are without access to County water. The 9 property owners signing the petition represent 66% of the properties to be served. The platted lots in this project are one acre+. The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Design services will be provided by the Department of Utility Services. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the above -listed project, authorizing the Department to proceed with the design engineering work in preparation for the special assessment project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the water service project for a portion of Suburban Acres S/D and authorized staff to proceed with the design engineering work in preparation for the special assessment project. PETITION SEWER SERVICE -129TH STREET (BETWEEN OLD DME AND RIVERSIDE DRIVE) -- RESOLUTIONS I AND H The Board reviewed the following memo dated 1/16/96: DATE: JANUARY 16, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UILITY VICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASSEJP VNTPROJECTS BY: DEPARTMENT OF U LITY SERVICES SUBJECT: PETITION SEWER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) INDIAN RIVER COUNTY PROJECT NO. IIS -95 -08 -CS RESOLUTIONS I AND II BACKGROUND On April 4, 1995, the Board of County Commissioners of Indian River County unanimously authorized staff to proceed with the necessary surveys, in-house design, and assessment of this project to provide sewer service. An easement has now been obtained, which will allow this project to proceed. (See attached minutes, agenda item, and. memo from project engineer referring to project cost breakdown.) 70 FEBRUARY 6, 1996 ANALYSIS Attached are Resolutions I and II for the assessment project. Thirteen (13) properties within a portion of Indian River Acres Subdivision will --benefit from sewer service. The map, which is also attached, displays the area to benefit from the assessment project. The total estimated cost to be assessed is $26,810.10. The estimated cost per square foot is $0.226780. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the public hearing date. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-24, providing for sewer service to 129th Street between Old Dixie Highway and Riverside Drive), etc. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-25, setting a time and place at which the owners of properties located on 129th Street, and other interested persons, may appear before the Board of County Commissioners and be heard. Providing (First Reso.) RESOLUTION NO. 96- 24 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR SEWER SERVICE TO 129TH STREET BETWEEN OLD DIXIE HIGHWAY AND RIVERSIDE DRIVE); PROVIDING THE TOTAL ESTI- MATED 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 determined to defray the cost thereof by special assessments against certain properties to be serviced by a sewer extension to 129th Street, between Old Dixie Highway and Riverside Drive, hereinafter referred to as Project No. US -95 -08 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a sewer line shall be installed to benefit 13 properties within a portion of Indian River Acres Subdivision, and that 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. 71 BOOR 97 Fr1GE 242 FEBRUARY 6, 1996 BOOK 97 PAr,F_ 243 Resolution 96-24 2. The total estimated project assessment cost of the above-described improvements is shown to be $26,810.10 or $0.226780 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 $0.226780 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 until paid at 8-1/2%. S. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bir , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye Thairman thereupon declared the resolution duly passed and adopted he C this b day of February, 1996. Attest: e � K. Barto Cler FEBRUARY 6, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By av_b Q6CIO,11.� Fran B. Adams Chairman 72 Time and Place (Second Reso.) RESOLUTION NO. 96- 25 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED ON 129TH STREET BETWEEN OLD DIXIE HIGHWAY AND RIVERSIDE DRIVE, AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE SEWER LINE 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. 96-2_, 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 sewer line be installed to serve 13 properties in Indian River Acres Subdivision; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.226780 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 sewer line 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, February.27, 1996, 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. FEBRUARY 6, 1996 L 73 Boa 97 Farr 244 _I BOOK 97 PATE 245 Resolution 96-25 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 Bird , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 6 day of February, 1996. Attachment: ASSESSMENT ROLL 74 FEBRUARY 6, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By � a, -V(- 2 Fran B. Adams Chairman � r � INDIAN RIVER COUNTY LIBRARIES REPORT The Board reviewed the following memos dated 1/22/96 and 1/24/96: INDIAN RIVER COUNTY MAIN LIBRARY REPORT TO: PUBLIC LIBRARY ADVISORY BOARD THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT OF GENERAL SERVICES DATE: JANUARY 22, 1996 FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTOR 7W MAIN LIBRARY STATISTICS FEBRUARY, 1991 - DECEMBER, 1995 CIRCULATION: 2,476,459 PATRONS IN: 2,420,369 NEW BORROWERS: 43,286 REFERENCE: 1,270,147 JANUARY - DECEMBER, 1995 CIRCULATION: 582,143 PATRONS IN: 415,274 NEW BORROWERS: 5,215 REFERENCE:. 305,571 75 FEBRUARY 6, 1996 JANUARY - DECMME1t, 1994 543,679 469,120 5,445 294,536 Boa 97 PALE 246 TO: DATE: H.T. "Sonny" Dean, Director January 24, 1996 General Services THROUGH: SUBJECT: Mary D. Powell, Director North IRC Library IRC Library System Jan. -Dec. 1995, Statistics FROM: REFERENCES: Lynn Walsh, Director '4- w `%lam North IRC County Library ,Boos 9 ?A.;E 247 FILE: January - December' 95 January - December'94 CIRCULATION: 213,683 210,527 PATRONS IN: 143,603 143,899 NEW BORROWERS: 2,084 2,338 REFERENCE: 235,288 207,733 NOVEMBER 20, 1990 - DECEMBER 31, 1995 CIRCULATION: 952,054 PATRONS IN: 680,982 *NEW BORROWERS: 15,024 REFERENCE: 619,093 *Current number of vaild borrowers' cards issued is 12,884. Difference indicates number of cards that have been deleted. Commissioner Eggert noted that the Main Library opened five years ago this month and the North County Library opened the November before that. She just wanted to say a special thank you to Mary Powell and Lynn Walsh, their staffs and all the volunteers for an absolutely marvelous job. Among the --things they have managed to accomplish is being second among the 47 state aid public libraries, second in circulation per capita, second in reference transactions per capita; third in library visits per capita; fifth in children's programs attendance; first in adult program attendance; and first in total program attendance. 76 FEBRUARY 6, 1996 Commissioner Eggert emphasized that we are growing and receiving requests for information at a rate that we probably will have to build the next branch library in 5 years. DATA REPORT --FOR IRC COUNTY LIBRARY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TREASURE COAST .TOB TRAESING CONSORTIUM Commissioner Bird advised that the inclusion of Okeechobee County is being considered in the restructuring of Job Training Partnership Act (DTPA) programs and Private Industry Council territories. Okeechobee is considering this at their commission meeting Thursday, and they will let us know if they desire to be lumped in with Indian River, St. Lucie and Martin counties as far as the Private Industry Council is concerned. After they make their decision, he would bring it back next Tuesday for the Board's support because the agreements and the documents that we have between the various counties and the Private Industry Council will have to be amended to include Okeechobee County and their representation. PAYROLL DEDUCTION FOR AMERICAN CANCER SOCIETY DONATIONS The Board reviewed the following memo dated 1/30/96: IAMERICAN � American SOCIETY HAssociaflon January 30, 1996 TmGmaff W Indian River County Commissioners ATTN: Ken Macht 1840 25th Street Vero Beach, FL 32960 RE: Twogether For Life, American Cancer Society/American Heart Association Dear Ken: I appreciate your help with getting the Twogether For Life Program approved by the County Commissioners. As per our conversation, we have had a difficult time FEBRUARY 6 1996 77 Boa 97 PAPP 248 BOOK 97 w,-1249 implementing this program and getting employees to participate. Our main problem is that the Personnel Director has not permitted us to notify your employees of the availability of this option. We understand that the County Commission voted not to allow us to have any campaigns. We are requesting that we just have the opportunity to notify the employees either through a stuffier in their payroll envelopes, putting a poster on the bulletin board, or being able to put an article in the County Newspaper (if there is such a paper). Your help would greatly be appreciated. As of this date, I do not believe any of the employees have signed up, since none are aware of the program. I appreciate that you will bring this up at the next County Meeting. Any help you can give us would certainly be appreciated. Please give me a call if you need any information. I am looking forward to making this a successful fund raiser for these two worthy causes. Thanks for your help. Sincerely, Rar- R. JNAacMillan Twogether for Life Volunteer Commissioner Macht asked if we could use the County newsletter to let employees know they can make donations to the American _Cancer Society through payroll deductions. Administrator Chandler stated that we could point that out in our newsletter. Commissioner Macht advised that implementation of it simply requires filling out a card and that he would be the first contributor. He recalled that a year ago today his wife was diagnosed with a terminal cancer. Chairman Adams asked Commissioner Macht to get a copy of the above letter to Administrator Chandler. 78 FEBRUARY 6, 1996 FACo BULLETIN - RECOVERING JUDICIAL COURT COSTS The Board reviewed the ME 1W FLORIDA was erg ASSOCIATION) gnmr ■E OF COUNTIES 1� = �s following FACo bulletin dated 2/2/96: To: Chair, Boards of County Commissions County Administrators CC. County Lobbyists i c From: Mary Kay Cariseo, Deputy Executive Director Date: February 2, 1996 k ISSUE: .moo-E,k Senate Joint Resolution Sb ( 56),-FAC'_asonsfitu#i al amendment on Article V. is scheduled to be heard by th Senate Judiciary Committee o Wednesday, February 7 at 2:00 p.m. This is the amendment to t e Florida Const i4 6n that requires the state to reimburse counties for the cost of operating the state court system. ACTION NEEDED: Please call the members of the Senate Judiciary Committee and urge their support of the SJR 56. Let legislators know the undue burden that is placed upon your county by the STATE court system. The following pages contain the Advisory Council on Intergovernmental Relations estimates of the cost to each county. TALL # DIST# FAX # Senator Fred Dudley (R -Lee) (Chair) (904)487-5124' (941)432-5795 (941)432-5799 Senator Peter Weinstein (D-Broward) (904)487-5094 (305)726-1400 (305)969-3564 (V -Chair) Senator Bill Bankhead (R -Duval) (904)487-5030 (904)359-1014 Celo 51/—�,- I Senator Jim Horne (R Duvan (904)487-5027 (904)381-6025 Senator John Grant (R -Hillsborough) (904)487-5068 (813)975-6658 Senator Daryl Jones (D -Dade) (904)487-5127 (305)442-6901 Senator Robert Wexler (D -Palm Beach)(904)487-5091 (407)994-6505 (904)381-6024 (813)975-6658 (305)442-6903 (305)497-2892 Commissioner Macht advised that FACo wants us to encourage the Senate Judiciary Committee that meets tomorrow to consider requiring the State to reimburse the counties for money spent in the cost of operating the state court system. It appears that the FEBRUARY 6, 1996 79 Bou 97 250 BOOK 97 FhGE 25,1 annual cost to Indian River County is some .$9 million that the taxpayers have to come up with. In fairness, it should be said that $6 million of that may very well be capital costs. The point is that we do pay at least $3 million, and he believed there is additional money spent on special expert witnesses and that sort of thing which can get very much out of hand. If the Board wishes, we could formulate a resolution or simply FAX a letter of support. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously authorized that a resolution or a letter be sent this afternoon to the Senate Judiciary Committee in support of SJR -56. INDIAN RIVER MEMORIAL HOSPITAL DISTRICT Commissioner Macht advised that recent public criticism about substantial bonuses paid to the officials at Indian River Memorial Hospital prompted him to ask Assistant County Attorney Terry O'Brien to research the current power structure at IRMH. Any time money is directly or indirectly obtained from the taxpayer or from an institution owned by taxpayers, it is very much public business and should be published. Commissioner Macht said it has been brought to his attention there are individual efforts out there in the county to dissolve the hospital district, but he didn't think that would be a desirable outcome. He didn't think we need that sort of controversy in our county dealing with anything so important as the hospital. TO: Commissioner Kenneth R. Macht ��-- FROM: Terrence P. O'Brien, Assistant County AttorneyT?5b DATE: December 19, 1995 RE: HOSPITAL' DISTRICT This is in response to your inquiry concerning the_ status of the Indian River County Hospital District. The original special tax district was established in 1959 -by the Florida Legislature (Ch. 59-1385). This district was abolished and a new special taxing district was established in 1961 (Ch. 61-2275) . It is this special tax district which exists today as amended by various acts of the legislature over the years. There are 3 ways that the District or its functions can come under County control. E%7 FEBRUARY 6, 1996 1. Special Acts of the Legislature (Sec. 189.4043, F.S.) to dissolve the District. 2. Dissolution by governing body of the District (Sec. 189.4043, F.S.). 3. Merger of the District into the County. This requires action by the Board of County Commissioners and the governing body of the District. a. This can be initiated by petition by 100 of voters but all the petition does is to require a study. The governing body of the district can still say no. (Sec-. '189.4042, F.S.) As a practical matter, few elected bodies are willing to turn over their responsibilities leaving a special act of legislature as perhaps the only viable means. Attorney O'Brien explained that the Hospital District does not embrace all of Indian River County. The Hospital District does not come within boundary lines of certain areas in the northwest portion of the county that are sparsely inhabited. Under the legislation that was passed in 1961, the District established and operated the County Hospital. It has a taxing authority of up to 5 mills. The District is governed by 7 elected officials who serve a 4 -year term. Every two years there will be an election of members; four people will come up one time and 3 the next. In 1982 the Legislature passed a law that allowed hospital districts to form nonprofit organizations or corporations to run the hospital district. In November of 1984, the Hospital District passed a resolution approving the Articles of Incorporation and By- laws of the Indian River Memorial Hospital, Inc. At that time, the Hospital District approved the lease. On December 13, 1984, the Hospital District entered into a lease with the IRMH, Inc. for a lease of all the hospital facilities and an agreement for the operation of the Indian River Memorial Hospital. This was a 30 - year lease which has a expiration date of 2014. At that same time, they also entered into an agreement with respect to IRMH, Inc. carrying out the District's responsibilities or their statutory obligations for indigent care. Continuing, Attorney O'Brien explained that IRMH, Inc. is run by a board of directors consisting of 13 members who are selected in the following manner: 3 by the IRMH, Inc. 3 by the Hospital District Board of Trustees 3 by the medical physicians staff 3 by hospital membership The president of the hospital, Michael O'Grady, is the 13th member. 81 FEBRUARY 6, 1996 Boos 97 Pv; 252 BOOK 97 ,PAcE253 A review of this 30 -year lease shows that almost complete autonomy has been given to IRMH, Inc. in that it doesn't reserve much if any control in the elected public authority. In other words the Hospital District has transferred practically all of their statutory responsibility over to IRMH, Inc. In July, 1995, the 4th Court of Appeals considered a very similar lease in another county and found it invalid because it transferred all of its statutory obligations and did not retain any real control or authority in the elected body. Attorney O'Brien felt that pretty much sums up the analysis and history and where we are today. Commissioner Macht felt that it appears that the existing lease that empowers IRMH, Inc. is not constitutional. Commissioner Macht recommended that we convene a.joint meeting with the Hospital District Board of Trustees in full view of the public to discuss the existing lease with a view to opening up renegotiations and requiring some means of accountability. Commissioner Eggert felt there is a lot of information that the public would like to have. She received many calls yesterday from people saying they understood that all those bonuses were paid from tax money, which is not necessarily true. It is a very frustrating situation and she felt it would be very helpful to have a workshop with the Hospital District Board of Trustees. If the IRMH, Inc. board of directors wants to participate, they should be invited. She had been planning on recommending a joint meeting to explain the Hospital District programs, so it might be very appropriate to have two different workshops or perhaps one big workshop. Commissioner Macht suggested that the first meeting be held with the Hospital District Board of Trustees because the IRMH, Inc. Board of Directors is solely empowered by the elected trustees. He felt that most of the people on both boards are very fine people but they are working with a document that is not legal and needs to be revised. Commissioner Macht felt it needs to be said that he has received one threat and received one call from one of the members of the IRMH, Inc. board of directors telling him to mind his own business, that the County Commission has nothing to do with the operation of the hospital. He finds that revolting. Commissioner Eggert felt we should have a meeting whether it be one large meeting or two separate meetings. She did feel that in addition to that meeting, that if IRMH, Inc. board wants to say anything to this Commission at any time, they should be allowed to do that. 82 FEBRUARY 6, 1996 W M M Commissioner Tippin .felt the more the communication the better. He agreed that we should meet as we keep our cool -- as long as our intent and purposes is our obligation to taxpayers. MOTION WAS --MADE by Commissioner Macht, SECONDED by Commissioner Bird, to hold a joint workshop with the Hospital District Board of Trustee to discuss the flawed lease and the authority of the Board of Trustees. Under discussion, Commissioner Bird stated that he would support the joint workshop if the intent is to disseminate information in order for this Board, the public and everyone to better understand the work relationship that exists at the hospital, where it comes from and where it is, and hopefully where they are going. It is not that we as the Board of County Commissioners are trying to exert an influence over another elected body that has their own responsibilities. Chairman Adams agreed that any time a taxing district in the county is having some public problems, the Board of County Commissioners has a responsibility to keep the taxpayers informed. Bill Roolage, concerned citizen, stated that he was on the Hospital District Board of Trustees for 4 years and didn't get anywhere with anything. He felt the hospital split was a total mess even from the start and encouraged the Board to go back and read some of the newspaper articles that appeared when the nonprofit corporation was first formed. Sam Alia of Vista Royale advised that a petition to dissolve the hospital district is being passed around his condominium association. He stressed that 90% of the residents in Vista Royale are senior citizens who are very, very concerned about what happens to the hospital. They feel that a nonprofit organization should not be handing out bonuses to executive hospital staff. They feel those bonuses should have gone back to the public in terms of lowering hospital room rates. Mr. Alia anticipated big trouble if this continues and the Medicare program goes kaput. He pointed out that you are not allowed to talk at hospital meetings, they don't listen. Chairman Adams suggested that Mr. Alia participate in the workshop meeting. Wilf Wood, 5151 SR-A1A, stated that he has written critical letters about the hospital, but as a recent patient, he applauds the workers in the hospital who are overworked and underpaid. He believed that it is not right to give bonuses to people making 83 aooK 9 Pr FEBRUARY 6, 1996 �5 Bou 97 PAGE 255 exorbitant salaries for merely doing their jobs. Bonuses should be given out based on efficiency. Mr. Wood said he has been to hospital meetings and has noted a lack of concern for what the people think. He believed the Hospital District's board of trustees should be given more authority and be more deeply involved in all of the operation, including salaries and bonuses. He did not feel that the corporation's existing board of directors has any interest in what the people have to pay in taxes and indigent care costs. Mr. Wood pointed out that the costs for indigent care are twice the cost of Medicare costs. J. B. Egan, III, chairman of the board of directors of IRMH, Inc., stated he would welcome anything to improve education. However, he wished to clarify two things he felt were misunderstood. 1) The members of the hospital board of directors get zero dollars. He has been on the board for 10 years as a volunteer and the bonuses do not come to them. 2) Having just completed 3 years as chairman of the board of directors, he emphasized that at the end of every meeting he asked if anyone in the room had anything to say about anything. Vince Montuoro, chairman of the Hospital District Board of Trustees, stated he would welcome any workshop that will improve relationships, but would appreciate an agenda and a list of objectives so we can have a nice, structured meeting. Tom Buchanan, a resident of the Moorings, felt it is wonderful that the Board of County Commissioners is looking seriously at the hospital issue. He related the bleeding problems he had at home after being released too soon from out-patient surgery. Commissioner Eggert felt the discussion at the workshop should be limited to the relationship between the board of trustees of the Hospital District and the IRMH, Inc. board of directors. Her main concerns, however, are the flawed lease and returning some of the powers to the trustees. Commissioner Eggert understood then that the second meeting would be about service programs provided by the Hospital District. Commissioner Macht explained that his Motion was to hold a joint workshop meeting with the elected trustees of the Indian River Hospital District to discuss the flawed lease and the authority of the Hospital District Board of Trustees. 84 FEBRUARY 6, 1996 r Sam Alia returned to the dais and asked if indigent care is funded from taxes paid into the Hospital District or taxes paid into the County's general fund. (Note: Deputy Clerk did not hear an answer to Mr. Alia's question.) THE CHAIRMAN CALLED FOR THE QUESTION. The Board voted unanimously to hold a joint workshop with the Hospital District board of trustees to discuss the special act establishing IRMH, Inc. and returning the powers to the board of trustees and the legality of the lease agreement. Richard Minetti, 54th Avenue, explained that he just arrived, but would like the workshop to include the special act that created the nonprofit corporation. Chairman Adams advised that the workshop will include discussion of the special act and the lease. EN MONMIENTAL CONTROL BOARD Chairman Adams announced that immediately upon adjournment, the Board of County Commissioners would meet sitting as the Board of Commissioners of the Environmental Control Board. Those Minutes are being prepared separately. DOCUMENTS TO BE MADE PART OF THE RECORD A. Subordination and Intercreditor Agreement - Saxon Mortgage, Inc. Agreement dated 1/2/96 -- Agreement between IRC and Saxton Mortgage, Inc. (re Gifford Groves, Ltd. Lien Agreement for Connection to Existing System dated 7/20/94 and recorded in OR Book 1032, Page 1850. B. Street Lighting Agreement - High Pines Subdivision Homeowners Assoc. Agreement dated 12%5/95. 85 FEBRUARY 6, 1996 BOOK 97 Piu 25 I BOOK 9 P,l,F 25 7 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:24 a.m. ATTEST: Q.__K_,2 Barton, Clerk Minutes approved 86 FEBRUARY 6, 1996 Fran B. Adams, Chairman