HomeMy WebLinkAbout8/27/1996MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, AUGUST 27,1996
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
184.0 25th Street
Vero Beach, Florida
COUNTY COMMISSIONERS
Fran B. Adams, Chairman (District 1) James E. Chandler, County Administrator
Carolyn K. Eggert, Vice Chairman (District 2)
Richard N. Bird (District 5) Charles P. Vitunac, County Attorney
Kenneth R. Macht (District 3)
John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board
9:00 a.m. 1. CALL TO ORDER BACKUP
PAGES
2. INVOCATION
3. PLEDGE OF ALLEGIANCE - Jambs E. Chandler
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
13.B. Appointment to District 15 Health and Human
Services Board
13.D. Comment re Old Courthouse
5. PROCLAMATION and PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of August 6, 1996
7. CONSENT AGENDA
A. Received & Placed on File in Office of Clerk
to the Board: Operational Audit of the Office of
the State Attorney, 19th Judicial Circuit -
01/01/95 through 12/31/95
B. Proclamation Designating Week of Sept. 17
Through Sept. 23, 1996 as Constitution Week
in Indian River County 1
C. Approval of Warrants
(memorandum dated August 15, 1996) 2-9
D. Award Bid #6082 / Removal & Clbsure of Two
Fuel Tanks (Utilities Dept.)
(memorandum dated August 14, 1996) 10-20
BOOK. �• r.':�;J.� '��
BNK 98
BACKUP
7. CONSENT AGENDA (cont'd,): PAGES
E. Request for Surplus Equipment Sale
(memorandum dated August 19, 1996) 21-23
F. Release of a Demolition Lien
(memorandum dated August 16, 1996) 24-25
G. County Tax Deed Sales Applications
(memorandum dated August 7, 1996) 26-36
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Sebastian Water Expansion - Phase I
Resolution III
(memorandum dated August 16, 1996)
2. Request for Authorization to Submit An
Application for Mass Transit Capital &
Operating Funds (49 USC CH. 53,
Section 5307 Grant)
(memorandum dated August 16, 1996)
B. PUBLIC DISCUSSION ITEMS
Review of the Indian River County Comprehensive
Plan Evaluation & Appraisal Report
(memorandum dated August 20, 1996)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MAT'T'ERS
A. Community Development
1. Proposed Budget Revision to FY 1995/96
Mass Transit Grant (49 USC CH. 53,
Section 5307 Grant).
(memorandum dated August 20, 1996)
2. Request to Approve Partial Assignment of
Option of the Cairns Tract LAAC Site to
the State
(memorandum dated August 20, 1996)
B. Emergency Services
None
37-47
48-57
58-59
60-63
64-72
� � r
11. DEPARTMENTAL MATTERS (cont'd.):
C. General Services
None
D. Leisure Services
None
E. Office of Management and,Budget
None
F. Personnel
None
G. Public Works
1. 58th Ave. & 26th St. R -O -W Acquisition
Parcel #112, Dodgertown, Inc.
(memorandum dated August 19, 1996)
2. Professional Architectural/Engineering
Services for Gifford Pk. Improvements,
West Wabasso Pk. Improvements, Fells -
mere Lighted Basketball Court & Hobart
Ballfield Lighting - Final Payment and
Release of Retainage - Edlund and
Dritenbas Architects
(memorandum dated August 19, 1996)
H. Utilities
1. Water Main Relocation Project, 13th Place
and Old Mid -Florida Water Storage Tower,
Final Pay Request and Change Order No. 1
(memorandum dated August 15, 1996)
2. Agreement Between Indian River County
and Countryside Mobile Home Park
(memorandum dated August 21, 1996)
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. Chairman Fran B. Adams
B. Vice Chairman Carolyn K. Eggert
600K
BACKUP
PAGES
73-77
78-79
80-89
90-94
13. COMMISSIONERS ITEMS (cont'd.):
C. Commissioner Richard N. Bird
D. Commissioner Kenneth R. Macht
E. Commissioner John W Tiepin
14. SPECIAL DISTRICTSBOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
15. ADJOURNMENT
BOfA4EWD
BACKUP
PAGES
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 meetin .
Meeting broadcast live on TCI Cable Channel 13 - rebroadcast 5:00 p.m. Thursday through
5: 00 p. m. Friday
Falcon Cable Channel 35 - rebroadcast Friday evening
INDEX TO MINUTES
AUGUST 27, 1996
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
ADDITIONS,TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . .
1
APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . .
1
CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . .
2
A. Reports . . . . . . . . . . . . . . . . . . . . .
2
B. Proclamation - Constitution Week . . . . . . . . .
2
C. Approval of Warrants . . . . . . . . . . . . . . .
3
D. Award Bid #6082 - Removal & Closure of Two Fuel
Tanks - Utilities Department - Florida Waste
Environmental . . . . . . . . . . . . . . . . . . .
9
E. Surplus Equipment Sale Approved . . . . . . .
10
F. Release of Demolition Lien - Alphonso Davis . . .
12
G. County Tax Deed Sales Applications . . . . . . . .
12
PUBLIC HEARING - SEBASTIAN WATER EXPANSION - PHASE I -
RESOLUTION III . . . . . . . . . . . . . . . . . . . .
13
PUBLIC HEARING - APPLICATION FOR MASS TRANSIT CAPITAL &
48
OPERATING FUNDS - SUBMISSION AUTHORIZED . . . . . . .
24
PUBLIC DISCUSSION ITEM - REVIEW OF THE INDIAN RIVER COUNTY
COMPREHENSIVE PLAN EVALUATION & APPRAISAL REPORT . . .
29
PROPOSED BUDGET REVISION TO FY 1995/96 MASS TRANSIT GRANT
34
REQUEST TO APPROVE PARTIAL ASSIGNMENT OF OPTION OF THE CAIRNS
TRACT LAAC SITE TO THE STATE . . . . . . . . . . . . .
37
58TH AVENUE & 26TH STREET R -O -W ACQUISITION - PARCEL #112
DODGERTOWN, INC . . . . . . . . . . . . . . . . . . . .
42
PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR
IMPROVEMENTS AT GIFFORD PARK, WEST WABASSO PARK,
FELLSMERE LIGHTED BASKETBALL COURT & HOBART BALLFIELD
LIGHTING - FINAL PAYMENT & RELEASE OF RETAINAGE - EDLUND
AND DRITENBAS ARCHITECTS . . . . . . . . . . . . . . .
43
WATER MAIN RELOCATION PROJECT - 13TH PLACE AND OLD MID -FLORIDA
WATER STORAGE TOWER, FINAL PAY REQUEST & CHANGE ORDER NO.
1 - DRIVEWAYS, INC. . . . . . . . . . . . . . . . . .
44
COUNTRYSIDE MOBILE HOME PARK WATER AND WASTEWATER -SETTLEMENT
AGREEMENT WITH ELL -CAP -24 AND ELL -CAP -38 SAN SOUCI
(REALCOR-VERO BEACH ASSOCIATES ORIGINAL FRANCHISEE)
45
DISTRICT 15 HEALTH & HUMAN SERVICES BOARD - JOYCE JOHNSTON-
CARLSON APPOINTED . . . . . . . . . . . . . . . .
46
COMMENT ON OLD COURTHOUSE - TOUR BY BCC SCHEDULED . . . . .
48
Tuesday, August 27, 1996
The Board of County Commissioners of Indian River County,
Florida, met in County Commission Chambers, 1840 25th Street, Vero
Beach, Florida, on Tuesday, August 27, 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 Patricia Ridgely, Deputy Clerk.
The Chairman called the meeting to order and Administrator
Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert wished to add an Appointment to HRS
District 15 Health and Human Services Board. (13.B.)
Commissioner Macht wished to add Comments on Old Courthouse.
(13.D.)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously added
the above items to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of August 6, 1996. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board approved the
Minutes of the Regular Meeting of August 6,
1996, as written.
1 BOOK ` 8 � ,� � Y
FA 0
August 27, 1996
BOOK 8'f'k-' '
CONSENT AGENDA
A. Reports
Received and placed on file in the Office of the Clerk to the
Board:
Operational Audit of the Office of the State Attorney,
19th Judicial Circuit, 1/1/95-12/31/95
B. Proclamation - Constitution Week
PROCLAMATION
WHEREAS, Our Founding Fathers, in order to secure the blessings
of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United
States of America; and
WHEREAS, it is of the greatest import that all citizens fully
understand the provisions and principles contained in
the Constitution in order to support, preserve and
defend it against encroachment; and
WHEREAS, the two hundred ninth anniversary of the signing of
the Constitution provides a historic opportunity for
all Americans to learn about and recall achievements of
our Founders, and to reflect on the rights and
privileges of citizenship, as well as its attendant
responsibilities; and
WHEREAS, the independence guaranteed to the American people by
the Constitution should be celebrated by appropriate
ceremonies and activities during Constitution Week:
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD
OF COUNTY COMMSSIONERS that the week of September 17 through
September 23, 1996 be designated as
CONSTITUTION WEER
in Indian River County, and the Board urges all citizens to pay
special attention during that week to our Federal Constitution
and the advantage of American Citizenship.
Adopted th :s_27 day of August, 1996
rrrrrrrt,..t..,
August 27, 1996
K
BOARD OF COUNTY COMMSSIONERS
INDIAN RIVER COUNTY, FLORIDA
C. Approval of Warrants
The Board reviewed a Memorandum of August 15, 1996:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: AUGUST 15, 1996
SUBJECT: APPROVAL OF WARRANTS
FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR
In compliance with Chapter 136.06, Florida Statutes, all warrants issued
by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached list of warrants, issued by the Clerk
to the Board, for the time period of August 8, thru August 15, 1996.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the list of warrants issued by the Clerk to the
Board for the time period of August 8 - 15, 1996, as
requested.
CHECK NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0017850
FIRST UNION NATIONAL BANK OF
8/08/96
1,459.47
0017851
HARGROVE, THOMAS
8/08/96
296.18
0017852
FIRST UNION NATIONAL BANK OF
8/08/96
61,455.40
0017853
VERO BEACH, CITY OF
8/12/96
125.00
0017854
VERO BEACH, CITY OF
8/13/96
550.00
0017855
VAN WAGENEN, RAY OR PAULA
8/13/96
833.00
0017856
CHAMBER OF COMMERCE
8/14/96
26,151.32
0017857
INDIAN RIVER COUNTY UTILITIES
8/14/96
4,121.00
0196084
ROMAN, JESUS
1/18/96
.00
0196114
BUSKIRK, KENNETH RAY
1/18/96
.00
0196460
TABER REAL ESTATE
1/25/96
.00
0196935
MOLLOY, DANIEL J
1/31/96
.00
0201974
DELVECCHIO, RAFFAELLA A
5/02/96
.00
0201975
DELVECCHIO, JOSEPH
5/02/96
.00
0203535
TRIPSON, MARK
5/30/96
.00
0205780
PANASONIC COMMUNICATIONS
7/11/96
.00
0206835
DENVER MARRIOTT TECH CENTER
7/31/96
.00
0206864
FLORIDA COACH
7/31/96
.00
0206978
WATER ENVIRONMENT FEDERATION
7/31/96
.00
0207038
VOIDED WARRANTS OR RECEIP
8/08/96
.00
0207335
A A FIRE EQUIPMENT, INC
8/15/96
20.00
0207336
AMERICAN CONCRETE INDUSTRIES,
8/15/96
5,156.00
0207337
ACTION ANSWERING SERVICE
8/15/96
232.40
0207338
APPLE MACHINERY & SUPPLY
8/15/96
185.49
0207339
AT YOUR SERVICE
8/15/96
2,635.74
0207340
AEROSPACE EXPRESS
8/15/96
173.25
0207341
AMERICAN TRUCKING ASSOCIATION
8/15/96
14.65
0207342
ALL POWER SERVICES, INC
8/15/96
482.49
0207343
A T & T
8/15/96
10.26
3 Q
BOOK f.L7:L
August 27, 1996
BOOK
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0207344
ALL RITE WATER CONDITIONING
8/15/96
11.00
0207345
ASAP SOFTWARE EXPRESS, INC
8/15/96
618.64
0207346
ADDISON OIL CO
8/15/96
2,056.43
0207347
AMERICAN AIR FILTER
8/15/96
963.48
0207348
A T & T WIRELESS SERVICES
8/15/96
100.60
0207349
ALDEN ELECTRONICS, INC
8/15/96
565.00
0207350
ADAMS, TON[
8/15/96
271.44
0207351
AMERICAN FAMILY LIFE ASSURANCE
8/15/96
47.16
0207352
ATLAN'T'IC COASTAL TITLE CORP
8/15/96
858.00
0207353
ALLEN, CHERI
8/15/96
148.75
0207354
AUTO PARTS OF VERO, INC
8/15/96
1,713.43
0207355
ADULT AND COMMUNITY EDUCATION
8/15/96
150.00
0207356
ARBITELLE, CAROL
8/15/96
30.00
0207357
BAKER & TAYLOR, INC
8/15/96
422.61
0207358
BAKER BROTHERS, INC
8/15/96
6"5.81
0207359
BOARD OF COUNTY COMMISSIONERS
8/15/96
5,382.71
0207360
BELLSOUTH MOBILITY
8/15/96
29.66
0207361
BARTON, JEFFREY K- CLERK
8/15/96
48,481.22
0207362
B & B INDUSTRIAL SUPPLY CO.
8/15/96
92.50
0207363
BANKERS INSURANCE CO
8/15/96
10,070.00
0207364
BRODART CO
8/15/96
27.95
0207365
BONET, JAMES RN
8/15/96
80.00
0207366
BAKER & TAYLOR
8/15/96
1.60
0207367
BRODA, JANICE C
8/15/96
46.69
0207368
BLAIS ELECTRIC, INC
8/15/96
3,781.20
0207369
BETHEA, WANDA DR
8/15/96
250.00
0207370
B F I MEDICAL WASTE SYSTEMS
8/15/96
124.04
0207371
BREAKERS, THE
8/15/96
655.20
0207372
BLAKESLEE MAINTENANCE
8/15/96
200.00
0207373
BAKER & TAYLOR ENTERTAINMENT
8/15/96
193.11
0207374
BELLSOUTH
8/15/96
14,459.78
0207375
CLEMENTS PEST CONTROL
8/15/96
84.00
0207376
COUNTY AUTO PAINTS, INC
8/15/96
32.10
0207377
COLD AIR DISTRIBUTORS
8/15/96
574.54
0207378
COLKITT SHEET METAL & AIR, INC
8/15/96
296.00
0207379
COMMUNICATIONS INT, INC
8/15/96
194.00
0207380
CORBIN, SHIRLEY E
8/15/96
364.00
0207381
CREATIVE FLOORS OF VERO BEACH,
8/15/96
710.00
0207382
CHEMICAL CONTAINERS, INC
8/15/96
627.40
0207383
CHEMSEARCH
8/15/96
198.68
0207384
COMPUSERVE INCORPORATED
8/15/96
10.35
0207385
COASTAL FUELS MARKETING, INC
8/15/96
14,801.44
0207386
COX, CYNTHIA ESQ
8/15/96
187.50
0207387
CHIP HARVESTORS
8/15/96
187.50
0207388
CITGO PETROLEUM CORP
8/15/96
2,590.99
0207389
CLARK BOARDMAN CALLAGHAN
8/15/96
121.98
0207390
CUSTOM CARRIAGES, INC
8/15/96
849.03
0207391
CLIFF BERRY, INC
8/15/96
195.00
0207392
CLEANNET USA
8/15/96
19,691.94
0207393
CHELETTE, RODNEY
8/15/96
93.00
0207394
COMPAQ COMPUTER CORP
8/15/96
4,740.00
0207395
CARUSO'S REGENCY DODGE
8/15/96
14,895.00
0207396
CAREERTRACK PUBLICATIONS
8/15/96
12.50
0207397
DAILY COURIER SERVICE
8/15/96
616.00
" 0207398
DAVES SPORTING GOODS
8/15/96'
478.53
02.07399
DAYSPRING MOWER CENTER
8/15/96
35.00
0207400
DELTA SUPPLY CO
8/15/96
57.68
0207401
FLORIDA DEPT OF MANAGEMENT
8/15/96
2,695.56
0207402
DICKERSON FLORIDA, INC
8/15/96
42,160.43
0207403
DON SMITH'S PAINT STORE, INC
8/15/96
869.63
0207404
DEBRAAL, WILLIAM K.
8/15/96
3,594.27
0207405
DELRAY STAKES, INC
8/15/96
330.00
0207406
DRINKING WATER & BACKFLOW
8/15/96
34.00
0207407
DELTA ORLANDO RESORT
8/15/96
59.00
0207408
DAYTONA BEACH HILTON
8/15/96
183.00
4
August 27, 1996
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0207409
E -Z BREW COFFEE SERVICE, INC
8/15/96
142.25
0207410
EAST COAST SOD
8/15/96
470.25
0207411
ECOTECH CONSULTANTS, INC
8/15/96
11,139.7.0.
0207412
EDLE ENTERPRISES, INC
8/15/96
.3.18
0207413
FEDERAL EXPRESS CORP
8/15/96
124.00
0207414
FLORIDA DEPARTMENT OF
8/15/96
30.00
0207415
FLORIDA COCA-COLA BOTTLING CO
8/15/96
368.00
0207416
F P & L
8/15/96
4,276.46
0207417
FLORIDA RIBBON & CARBON
8/15/96
852.72
0207418
FLORIDA SLUDGE SERVICE
8/15/96
3,024.00
0207419
FLORIDA TREND
8/15/96
14.98
0207420
FLORIDA UNEMPLOYMENT
8/15/96
6,446.70
0207421
FOURTH DISTRICT COURT OF
8/15/96
250.00
0207422
FLORIDA ANIMAL CONTROL
8/15/96
125.00
0207423
FLOWERS BAKING COMPANY OF
8/15/96
70.68
0207424
FLORIDA FUNDING PUBLICATIONS
8/15/96
74.00
0207425
FMC CORPORATION -
8/15/96
4,440.00
0207426
FOWLER CARBONICS, INC
8/15/96
63.00
0207427
FERGUSON ENTERPRISES, INC
8/15/96
100.11
0207428
FLORIDA ANIMAL LEAGUE
8/15/96
32.00
0207429
GARBERS CONTRACTOR SUPPLY
8/15/96
23.70
0207430
GATOR LUMBER COMPANY
8/15/96
45.76
0207431
GAYLORD BROTHERS, INC
8/15/96
31.24
0207432
GENE'S AUTO GLASS
8/15/96
89.23
0207433
GEORGE W FOWLER CO
8/15/96
517.05
0207434
GRAYBAR ELECTRIC CO, INC
8/15/96
243.92
0207435
GENE EDWARDS, INC
8/15/96
478.83
0207436
GARCIA, ARTURO L
8/15/96
500.00
0207437
GEAR FOR SPORTS
8/15/96
637.33
0207438
GEAC COMPUTERS, INC
8/15/96
2,287.75
0207439
GNB TECHNOLOGIES
8/15/96
88.65
0207440
GEORGIA RUBBER
8/15/96
262.51
0207441
GIFFORD COMMUNITY CENTER
8/15/96
1,116.36
0207442
GALAXY CHEMICAL CORP
8/15/96
226.50
0207443
HARRIS SANITATION
8/15/96
485.99
0207444
HOLIDAY INN INTL AIRPORT, INC
8/15/96
264.00
0207445
HUNTER AUTO SUPPLY
8/15/96
1,722.40
0207446
HARRELL'S, INC
8/15/96
1,001.50
0207447
HOLIDAY BUILDERS, INC
8/15/96
500.00
0207448
HACH SUPPLY
8/15/96
256.00
0207449
HENDERSON, CHRISTOPHER
8/15/96
75.00
0207450
H C WARNER, INC
8/15/96
742.50
0207451
HORIZON NURSERY
8/15/96
45.00
0207452
HARTSFIELD, CELESTE L
8/15/96
129.50
0207453
H P G INTERNATIONAL, INC
8/15/96
100.00
0207454
INDIAN RIVER COUNTY
8/15/96
49,039.00
0207455
INDIAN RIVER COUNTY SOLID
8/15/96
4,667.91
0207456
INDIAN RIVER ACE PAINT
8/15/96
163.72
0207457
INDIAN RIVER BATTERY
8/15/96
50.50
0207458
INDIAN RIVER BLUE PRINT, INC
8/15/96
392.07
0207459
INDIAN RIVER COUNTY UTILITIES
8/15/96
549.39
0207460
INDIAN RIVER FARMS WATER
8/15/96
407.00
0207461
INDIAN RIVER MEMORIAL HOSPITAL
8/15/96
28.50
0207462
INGRAM
8/15/96
74.06
0207463
INTERSTATE BILLING SERVICE
8/15/96
63.85
0207464
INSURANCE SERVICING &
8/15/96
2,100.00
0207465
I B M CORP-DVU
8/15/96
46.00
0207466
INMAC
8/15/96
178.45
0207467
IBM CORP-DVU
8/15/96
2,275.34
0207468
INTERIM PERSONNEL:VERO BEACH
8/15/96
450.00
0207469
INDIAN RIVER COUNTY SOLID
8/15/96
89.10
0207470
HOMELAND IRRIGATION CENTER
8/15/96
53.29
0207471
JACKSON ELECTRONICS
8/15/96
23.87
0207472
JACOBS ELECTRIC MOTOR REPAIR
8/15/96
106.70
0207473
JANIE DEAN CHEVROLET, INC
8/15/96
107.10
August
27, 1996
J
BOOK 9:8 Tlk1`1 rr
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0207474
J R REPORTING ASSOCIATES, INC
8/15/96
255.00
0207475
JUNO INDUSTRIES
8/15/96
138.92
0207476
JAMERCO, INC
8/15/96
27.00
0207477
JOHNSTONE SUPPLY
8/15/96
26.75
0207478
KELLY, CHAD
8/15/96
500.00
0207479
KELLY TRACTOR
8/15/96
1,054.68
0207480
KIRBY AUTO SUPPLY
8/15/96
192.38
0207481
KREBS, JILL A
8/15/96
109.32
0207482.
KLINK, RICHARD
8/15/96
726.00
0207483
KAISER PONTIAC BUICK GMC TRUCK
8/15/96
19,126.70
0207484
LEWIS, RUTH A
8/15/96
35.07
0207485
LIVE OAK ANIMAL HOSPITAL
8/15/96
10.00
0207486
LIBRARIES UNLIMITED, INC
8/15/96
65.29
0207487
LDDS WORLDCOM
8/15/96
120.50
0207488
LAN
8/15/96
22.97
0207489
LINEAR DYNAMICS INC
8/15/96
1,541.00
0207490
MAXWELL PLUMBING, INC
8/15/96
1,008.20
0207491
MCTRANS CENTER UNIV OF FLORIDA
8/15/96
710.00
0207492
MCCORMICK, BETTY R RN
8/15/96
40.00
0207493
MID COAST TIRE SERVICE, INC
8/15/96
29.95
0207494
MIKES GARAGE
8/15/96
245.00
0207495
MITCO WATER LAB, INC
8/15/96
181.24
0207496
MORGAN AND EKLUND
8/15/96
8,740.56
0207497
MIAMI ELEAVTOR COMPANY
8/15/96
2,026.00
0207498
MITRON SYSTEMS CORP
8/15/96
238.50
0207499
MISSIMER INTERNATIONAL
8/15/96
24,524.00
0207500
MAGNETHERAPY, INC
8/15/96
29.15
0207501
MR BOB PORTABLE TOILET
8/15/96
62.28
0207502
MITY-LITE
8/15/96
2,047.20
0207503
MORGAN -FRANCIS CO/DIVISION
8/15/96
608.00
0207504
NORTH SOUTH SUPPLY
8/15/96
365.68
0207505
NATOA
8/15/96
425.00
0207506
NATIONAL PROPANE CORP
8/15/96
294.01
0207507
OFFICE PRODUCTS & SERVICE
8/15/96
747.44
0207508
OMNI BUSINESS SYSTEMS, INC
8/15/96
120.00
0207509
ORYX PRESS
8/15/96
20.59
0207510
OMNI BUSINESS SYSTEMS, INC
8/15/96
283.40
0207511
ORLANDO SENTINEL, THE
8/15/96
835.08
0207512
PAN AMERICAN ENG CO
8/15/96
570.00
0207513
PEACE RIVER ELECTRIC
8/15/96
80.51
0207514
PETTY CASH
8/15/96
37.40
0207515
PETRILLA, FRED J JR PHD
8/15/96
300.00
0207516
PORT PETROLEUM, INC
8/15/96
1,418.18
0207517
PRICE'S TREE TRANSPLANT
8/15/96
2,125.00
0207518
PRINTMARK, INC
8/15/96
349.00
0207519
PIERCE, SHARONDA
8/15/96
102.00
0207520
PEEK TRAFFIC
8/15/96
35.00
0207521
PRO SPORTS & RECREATION
8/15/96
140.00
0207522
R & J CRANE SERVICE, INC
8/15/96
390.00
0207523
RADIO SHACK ACCT RECEIVABLE
8/15/96
240.42
0207524
RIFKIN, SHELDON H PHD
8/15/96
500.00
0207525
RUSSELL CONCRETE, INC
8/15/96
1,139.03
0207526
ROBINSON EQUIPMENT COMPANY,INC
8/15/96
137.46
0207527
R GEORGE & ASSOC, INC
8/15/96
5,871.94
0207528
RENT WEAR, INC
8/15/96
4,130.30
0207529
RANGER CONSTRUCTION IND, INC
8/15/96 -
424.48
0207530
RAFULS, DEBORAH
8/15/96
8.12
0207531
R & G SOD FARMS
8/15/96
115.00
0207532
RELIABLE TRANSMISSION SERVICE
8/15/96
1,795.00
0207533
RUBBER STAMP EXPRESS
8/15/96
6.60
0207534
ROVELLA, ERNIE
8/15/96
40.00
0207535
ROSS, TONY
•8/15/96
314.50
0207536
RANGER CONSTRUCTION INDUSTRIES
8/15/96
31,500.00
0207537
SCHULTZ, DON L MD
8/15/96
400.00
0207538
SCOTTY'S, INC
8/15/96
1,028.74
6
August 27, 1996
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0207539
SEBASTIAN TRUE VALUE
8/15/96
15.65
0207540
SETON NAME PLATE CORP
8/15/96
247.20
0207541
SEWELL HARDWARE CO, INC
8/15/96
549.98
0207542
SOUTHERN CULVERT, DIV OF
8/15/96
11116.00
0207543
SOUTHERN EAGLE DISTRIBUTING,
8/15/96
247.95
0207544
STATE CHEMICAL MFG CO
8/15/96
271.68
0207545
SOUTHERN TRUCK EQUIPMENT
8/15/96
116.84
0207546
ST LUCIE BATTERY & TIRE, INC-
8/15/96
81.90
0207547'
STURGIS LUMBER & PLYWOOD CO
8/15/96
316.17
0207548
SUN COAST CLEANING SUPPLIES,
8/15/96
327.31
0207549
SUNCOAST WELDING SUPPLIES, INC
8/15/96
40.69
0207550
SUNRISE FORD TRACTOR CO
8/15/96
476.54
0207551
SIMON & SCHUSTER CONSUMER
8/15/96
104.00
0207552
SOUTHERN JANITOR SUPPLY
8/15/96
2,251.23
0207553
SUBSTANCE ABUSE COUNCIL
8/15/96
1,374.30
0207554
SHELDON, JAMES
8/15/96
818.00
0207555
SUPERIOR PRINTING
8/15/96
2,615.60
0207556
SYSCO FOOD SERVICE
8/15/96
551.53
0207557
STEWART INDUSTRIES
8/15/96
9,910.76
0207558
SIMPLEX TIME RECORDER CO
8/15/96
685.70
0207559
SEMINARS INTERNATIONAL
8/15/96
630.00
0207560
SOUTHERN LOCK AND SUPPLY CO
8/15/96
119.49
0207561
STUART COMPUTERS
8/15/96
130.00
0207562
SCOTT, BARBARA T.
8/15/96
8.00
0207563
SYNDISTAR
8/15/96
453.18
0207564
TEN -8 FIRE EQUIPMENT, INC
8/15/96
72.00
0207565
THOMAS, DEBBY L
8/15/96
213.50
0207566
TITLEIST DRAWER CS
8/15/96
2,714.09
0207567
TREASURE COAST TELE -VISIONS
8/15/96
18.00
0207568
TRODGLEN PAVING, INC
8/15/96
4,977.82
0207569
TURNER INDUSTRIAL SUPPLY CO
8/15/96
124.86
0207570
TIMOTHY ROSE CONTRACTING, INC
8/15/96
255,847.50
0207571
TREASURE COAST CONTRACTING,INC
8/15/96
13,448.98
0207572
TECHNOLOGY PARTNERS
8/15/96
1,122.00
0207573
TRIPSON, MARK
8/15/96
53.94
0207574
TEENS UNITED FOR FUN
8/15/96
344.00
0207575
TRI -COUNTY CONCRETE PRODUCTS
8/15/96
2,654.00
0207576
TRIMMER, JAMES
8/15/96
218.87
0207577
TOMLINSON TILE, INC
8/15/96
2,434.86
0207578
UNIVERSITY OF FLORIDA
8/15/96
40.95
0207579
UNIVERSITY OF FLORIDA
8/15/96
157.00
0207580
VELDE FORD, INC
8/15/96
3,216.56
0207581
VERO BEACH PRESS JOURNAL
8/15/96
547.08
0207582
VERO BEACH PRESS JOURNAL
8/15/96
889.08
0207583
VERO BEACH, CITY OF
8/15/96
51,787.90
0207584
VERO CHEMICAL DISTRIBUTORS,INC
8/15/96
177.65
0207585
VERO LAWNMOWER CENTER, INC
8/15/96
62.85
0207586
VETROL DATA SYSTEMS, INC
8/15/96
49.95
0207587
VERO BEACH, CITY OF
8/15/96
261.89
0207588
VERO BEACH, CITY OF
8/15/96
46.16
0207589
VERO BEARING & BOLT
8/15/96
649.91
0207590
VULCAN INC
8/15/96
351.00
0207591
VERO BEACH THEATRE GUILD
8/15/96
375.00
0207592
WAL-MART STORES, INC
8/15/96
188.30
0207593
WAXE RADIO STATION
8/15/96
300.00
0207594
WRAY, JUDY
8/15/96
8.12
0207595
WRIGHT, DOUGLAS M
8/15/96
45.44
0207596
W W GRAINGER, INC
8/15/96
1,027.77
0207597
WQOL Q-103.7 FM
8/15/96
210.00
0207598
WILLHOFF, PATSY
8/15/96
130.00
0207599
WIDMAN, RAMONA
8/15/96
8.12
0207600
WM THIES & SONS, INC
8/15/96
129.50
0207601
WALSH, COLLEEN
8/15/96
40.00
0207602
WPAW-FM
8/15/96
60.00
0207603
WZZR-FM
8/15/96
500.00
0207604
WBBE RADIO
8/15/96
200.00
0207605
WOSN-FM RADIO STATION
8/15/96
522.75
Box 9.8
August 27, 1996
BOCK 9:8 -FA„E 9
CHECK NAME CHECK CHECK
NUMBER DATE AMOUNT
0207606
XEROX CORPORATION
8/15/96
0207607
YOUTH'S SAFETY CO
8/15/96
0207608
ZIMMERMANN, KARL
8/15/96
0207609
ZANCA, MARY
8/15/96
0207610
WHITEHEAD, NORMAN
8/15/96
0207611
OAK POINTE CORP
8/15/96
0207612
CANTNER, ROBERT
8/15/96
0207613
HOWLAND, ALLEN
8/15/96
0207614
ARTHUR, JAMES
8/15/96
0207615
COLLINS, WILLIAM
8/15/96
0207616
CROSIER, CINDY WARNER
8/15/96
0207617
BRUCE SMITH CUSTOM HOMES
8/15/96
0207618
RICHARDSON, JAMES A
8/15/96
0207619
SOCIETY OF ST PIUS
8/15/96
0207620
KING, TARA
8/15/96
0207621
SUMA, CHARLES & TERI
8/15/96
0207622
DURRANCE,SHIRLEY G
8/15/96
0207623
DAWSON, G WILLIAM
8/15/96
0207624
YOUNG, PETER D
8/15/96
0207625
HOLIDAY BUILDERS
8/15/96
0207626
MAYER, TRISHA & BRUCE
8/15/96
0207627
HERMAN, DEBRAH J
8/15/96
0207628
SHELTON, SABRINA
8/15/96
0207629
NEW, DR MARC & KAREN
8/15/96
0207630
WILLIAMS, PHILLIP & MARJORIE
8/15/96
0207631
BROBST, CARL
8/15/96
0207632
PETERSON, DAVID C
8/15/96
0207633
RODRIGUEZ, MARIA D
8/15/96
0207634
BRAREN, OLAF D
8/15/96
0207635
COLE, VIKKI M
8/15/96
0207636
CARRIER, JOSEPH A
8/15/96
0207637
MC DONALD, EVERETT D
8/15/96
0207638
NORMAN, DAVID M
8/15/96
0207639
RUSSELL, DONNA L
8/15/96
0207640
VANDGRIFT, REGINA L
8/15/96
0207641
BROWN, PEGGY A
8/15/96
0207642
FLORIDA HOME FINDERS
8/15/96
0207643
MACERA, KIMBERLY
8/15/96
0207644
GLOVER, APRIL
8/15/96
0207645
KANGUR, DOUGLAS A
8/15/96
0207646
H R S
8/15/96
0207647
GIBSON, CHRISTOPHER
8/15/96
0207648
JACKSON, WILLIAM A
8/15/96
0207649
WARD, TRUDY L
8/15/96
0207650
0 NEAL, TWYLA G
8/15/96
0207651
GUERRIER, ALEASE
8/15/96
0207652
PROVIDENCE INTERNATIONAL INC
8/15/96
0207653
VEY, PATRICIA R
8/15/96
0207654
GRESS, MAVIS & RICHARD
8/15/96
0207655
TEMPLE, ROBERT
$/15/96
0207656
GOIN, BOB
8/15/96
0207657
BEEHLER, HENRY J
8/15/96
0207658
SMITH, ADELBERT
8/15/96
0207659.
COLLEY, GEORGE W
8/15/96
8
August 27, 1996
190.42
2,283.75
101.70
8.20
54.30
533.14
2.43
28.30
11.87
6.89
31.18
17.36
25.73
21.27
21.10
31.38
29.60
78.45
59.78
100.00
2.52
39.33
6.43
76.89
26.28
38.06
72.35
1.64
35.10
34.31-
43.11
66.82
38.65
3.30
66.82
83.08
51.72
41.36
27.68
23.93
17.60
29.82
40.87
29.66
21.36
1.81
5.62
17.36
89.73
100.00
52.52
105.14
105.14
52.58
908,657.39
D. Award Bid #6082 - Removal & Closure of Two Fuel Tanks - Utilities
Department - Florida Waste Environmental
The Board reviewed a Memorandum of August 14, 1996:
DATE: August 14, 1996
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H. T. "Sonny" Dean, Directo
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #6082/Removal & Closure of Two Fuel Tanks
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: August 7, 1996
Advertising Dates: July 17, 24, 1996
Advertisement Mailed to: Thirty (30) Vendors
Replies: Six (6) Vendors
Statement of "No Bids' Nine (9)
VENDOR BID TOTAL
Florida Waste Environmental $ 7,770.00
Tampa, FL
Fred Rice & Associates $ 8,580.00
Ft Pierce, FL
Universal Engineering $ 9,900.00
Orlando, FL
Treadwell Inc $ 9,985.00
Orlando, FL
Kriner Petroleum $ 11,000.00
Orlando, FL
Glasgow Equipment $ 18,100,00
West Palm Beach, FL
TOTAL AMOUNT OF BID $ 7,770.00
SOURCE OF FUNDS Water Utilities Other Contractual Services
471-219-536-033.49
ESTIMATED BUDGET $ 19,700.00
RECOMMENDATION
Staff recommends that the bid be awarded to Florida Waste
Environmental as the lowest, most responsive and responsible bidder
meeting specifications as set forth in the Invitation to Bid.
W
August 27, 1996
WN I
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#6082 to Florida Waste Environmental in the amount
of $7,770.00, as recommended in the memorandum.
E. Surplus Equipment Sale Approved
The Board reviewed a Memorandum of August 19, 1996 and list:
DATE: August 19, 1996
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admi istrator
H.T. "Sonny" Dean, Directo
General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Request for Surplus Equipment 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
County Commissioners 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.
Fixed Assets Management
Surplus List
•...•••►•►►.►••••►...••.•rr.....•rr.r►r♦...►►♦♦r..r..♦...♦•..►r►r.......►►rrrr...•.r.rrrr♦
Asset # Description Dept
.►rrr.►►►►►•rr••►•►r.►ar•►.►.►►►►►•►►►rr►►►►rr►r r♦r.►....►►►►►►rrr...••►►.rr►rrr.►►►►r►►r
10048
3880
7241
7471
7965
N/A
8944
8946
10652
11906
12400.16
13047
N/A
N/A
August 27, 1996
General Fund Departments
Tandy 520 printer
Bruning 178 Blue Print machine
IBM Display Writer
IBM Disk Drive
IBM 5218 w/enveolope feeder
IBM Printer
Olympia typewriter
Olympia typewriter
Zenith VCR
PC-Catologer
IBM external 5 1/4 drive
Hitachi External CD Rom Drive
Hitachi External CD Rom Drive
Sony External CD Rom Drive
10
0
Sec. to BCC
Clerk's Office -Recording
Community Development
Community Development
Community Development
Elections Office - (Elections warehouse)
N. County Library
N. County Library
N. County Library
N. County Library
N. County Library
N. County library
N. County Library
N. County Library
��
Quanity
Fixed Assets Management
Surplus Gist
Asset N Description Dept
9832
Turbo 10 computer (286)
Parks Dept.
10032
IBM Porprintdr
Parks Dept.
8812
Memorex CRT
Probation Dept.
9224
IBM Proprinter
Probation Dept.
9692
IBM 8560 PC2
Probation Dept.
8021
Canon VP2000 word processor
Soil & Water Conservation
9098
Savin 7350 copier.
Soil & Water Conservation
8907
Kodak Starfrche Reader
Tax Collector
9986
Xerox Electric Typewriter
Tax Collector
9988
Xerox Electric Typewriter
Tax Collector
12227
Olympia Printer
Tax Collector
8843
Savin V-35 copier
Welfare Dept.
8844.06
Savin Copier console
Welfare Dept.
10383
Zenith Laptop computer
IRC -Health Dept.
10384
Zenith Disk Drive
IRC -Health Dept.
10386
Zenith Data System
IRC-Hcalth Dept.
10389
Zenith Data System
IRC-Ilealth Dept.
10398
Zenith Data System
IRC -Health Dept.
10399
Tandy 1000 PC
IRC -Health Dept.
10403
Zenith Data System
IRC -Health Dept.
11507
Tandy 3000 PC
IRC -Health Dept.
11509
Tandy 3000 PC
IRC -Health Dept.
11513
Tandy 1000 PC
IRC -Health Dept.
13413
Compu-Add PC
IRC -health Dept.
N/A
IBM PC
IRC-llcelth Dept.
N/A
IBM PC
IRC -health Dept.
%39
Unknown brand computer w/monitor
IRC -Health Dept.
2468
IBM Selectric II
IRC -Health Dept.
3852
IBM Selectric 11
IRC -Health Dept.
7103
Canon AP200X typewriter
IRC -Health Dept.
7119
IBM Selectric 11
IRC -Health Dept.
7760
Canon AP350 typewriter
IRC-Ilealth Dept.
8744.06
Smith Corona XD7000 typewriter
IRC-I-lealth Dept.
10330.06
Smith Corona XE6100 typewriter
IRC -Health Dept.
11179
Panafax machine UF250
IRC -Health Dept.
13870.06
Casio cash register
IRC -Health Dept.
Enterprise Fund Department
9925
Tandy 3000 PC
Utilities
9926.06
Tandy Color monitor
Utilities
11059
Anadex Silent Scribe printer
Utilities
11877
Deltic 7056A UPS system
Utilities
9055
Lather time clock
Sandridge Golf Course
Items listed below are located is the Court House Annex
Description
desk chairs - swivel type assorted colors
wooden chairs with arm rests
wooden chairs without arm rests
metal chairs with arm rests
metal chairs without arm rests
stacking chairs with arm rests
stacking chairs without arm rests
wooden casual chairs with cushions
couch - vinyl
chair - vinyl
couch - cloth covered
couch - cloth covered - blue (former Rec. Office)
chair - vinyl - gray (in former Rec. Office)
3 seat wooden chairs - maroon color leather
3 seat metal chairs with arm rests
folding chairs
metal file hangers
6 wood desks - assorted styles
(•coming from IRC -Health Dept.•)
I wood left hand desk return
1 metal right hand desk return (former Rec.
Office)
31 metal desks - assorted styles
1 wood credenza (annex west side)
2 book cases
Assorted modular fixtures (in Ct. Ilse)
5 wood tables
1 wood counter (located in Ct. Rm. B)
1 Conference table (located in Ct. Rm. C)
5 wood tables (located in former Recording
Office)
I metal credenza
(from Tax Col.)
2 metal table
(from Tax Col.)
2 wood table
(from Tax Col.)
Assorted modular furniture fixtures
(in Ct. I Ise main bldg)
metal cabinets - 2 door style (2 additonal in kitchen area N end of Ct. HSC)
metal file cabinets - 2 drawer
metal cabinets (60 drawer)
metal cabinet (27 drawer)
plat map cabinets
3x5 card file boxes, metal, 2 drawers each
wooden cabinets
drafting table, wood, large
wooden drawing tables
metal tables (i additional metal table in Ct. Rm. A)
wood tables (I additional wood table in Ct. Rm. B)
metal typewriter tables (1 additional typewriter table in Ct. Rm. A)
metaltwood workstation (6 piece)
metal file holders, nick type
wood desks - assorted styles (I additional in annex west side)
11
August 27, 1996
in
:aoo F a 912
Boot 98 maL 913
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously declared
the list of items surplus and authorized sale of
same, as recommended in the memorandum.
F. Release of Demolition Lien - Alphonso Davis
The Board reviewed a Memorandum of August 16, 1996:
TO: The Board of County Commissioners
FROM: William G. Collins II - Deputy County Attorney
DATE: W— August 16, 1996
SUBJECT: Release of a Demolition Lien
On June 6, 1994 Indian River County recorded a demolition lien against Lot 12
of J. T. Gray's Town of Gifford in the amount of $17,165.53. The owner of
the property on that date was Alphonso Davis. Subsequent to the recording of
the lien, Alphonso Davis sold the property to Faith Temple Evangelistic
Church, but the lien was never satisfied at sale. Faith Temple Evangelistic
Church has been making principal and interest payments on the lien over time,
and the final payment was made on August 15, 1996.
REQUESTED ACTION:
Authorize the Chairman to execute the attached Release of Lien for recording
in the Public Records of Indian River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the Release of Lien in favor
of Faith Temple Evangelistic Church and that it be
recorded in the public records of Indian River
County, as requested in the memorandum.
COPY OF RELEASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
G. County Tax Deed Sales Applications
The Board reviewed a Memorandum of August 7, 1996:
TO: Board of County Commissioners
YQ. 4"- , DATE:
FROM: Lea R. Keller, CLA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
RE: County Tax Deed Sales Applications
12
August 27, 1996
August 7, 1996
On June 25, 1996, the Board approved the County redeeming and paying costs to
the Tax Collector in connection with certain tax certificates which were
eligible for tax deed applications.
On August 20, 1996, we were advised by the Clerk of the Court that a$ part of
the process of transferring title to the County, the total sum of $2,089.84
is due to cover the costs of the Clerk's fees, legal advertisements, -postage
and certified mailings, and Sheriff's service on each of the nine attached. .
certificates.'
Requested Action: Staff requests the Board approve the payment of the total
cost to the Clerk of the Circuit Court.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
payment in the amount of $2,089.84 to the Clerk of
the Circuit Court to cover costs of Clerk's fees,
legal advertisements, postage and certified
mailings, and Sheriff's service in connection with
the certain tax certificates eligible for tax deed
applications, as requested in the memorandum.
PUBLIC HEARING - SEBASTIAN WATER EXPANSION - PHASE I -
RESOLUTION III
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA —
Before the tmdersWW auttrortty Personally, appeared Darryl K. Hicks who an The BOerd Of � Of Mldfarl
t R �t he Is President of tl� Press,loumal, a dally newspaper published at Vero Beach
In County. Florida; that the attached copy of fit, being MBLIC� g for 9.05 AyMS. p'i
a`�i = in low. at the County, Corn
(�,,,, BUDdtng 1jd0 2Sfa &treat, mtbn
Ver4Beack Fbfida,_to
In the matter of �+ C I L� n, o = ..disiwss "h proppeed IBeiDBlldtt ralft >D a SPE-
CIdA�LtlyASSESSMENT PROJECT In Man Film
iL7 e of CMX*iAI the of PHASE I OF THE
AREA WATER , EXPANSION PROJ.
ECT. and providing for special assessment lens to
i, the Court. was Pub- be made of record on tits properties to be served.
Interested Pardee may appear at the and
be haard fished in said newspaper in the issues of Gr! IM Amort * � act�ay pyo
dr posail doaartertte may do so at the U�tq •Services
rinolt,1840 251h Street. Vero Beads, Florida.
h ee who may wish to Unbdm
Affiant further says that the said Press%Wurnel Is a newspaper Pub6etted at veru Beach, m be made et this m8 g wi need to ensure
said Indan RNer County, Flords, arW that the sad fres heretofore been a verbe8m retard of the proceeditpe is mKis,
cornUnuouety WbWW in sad Indian River County. Fords, a and has been entered as whk h Y end evdenoe upon which
secroarW � t at the post office in Vero Beads, in said trWian River County. Florida, the W" is based.
year next Preceding the first w psi no or the dtarW pe Dopy m � �� for
� arW ehiarnt ttatiner says that he fres rneither Ped nor promised any, parser, firm iHso0nW the
a any dixonart, rete, ttnrndssiorn a refurW fa the purpose of ttds with Act Coortlihator
t for pub6caUon N Bald r+ewsPaPa• 8O0. EX 400 at least �08A,ltotss to advance M of the
�o'c,�Swom to aimed before me ttds l° 9(� . Aug. 9.18.1998 1327923
My Corms. Up" i
' AU2t1s126,1997 i
N0. CC31CUSi SA.\DMA PW= TPI. N01AF^' P,B JC. I
ss State of Florida. xv Coanulaalon.4p ;uguat 23. 1997
,Ca�
tarv: SANDRA , PPrg;
13 900K f' E 1
August 27, 1996
a0ex 9: f'ar:t 915
Assessment Projects Manager James D. Chastain reviewed a
Memorandum of August 16, 1996 and map of the area:
DATE:
TO:
14Z�_F
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
AUGUST 16, 1996
JAMES E. CHANDLER
COUNTY ADMINISTRA
TERRANCE G. PIN
DIRECTOR OF UTI
JAMES D. CHAS
MANAGER OF AS
DEPARTMENT OF
CES
TIENT PROJECTS
LITY SERVICES
SEBASTIAN WATER EXPANSION - PHASE I
RESOLUTION III - PUBLIC HEARING
INDIAN RIVER COUNTY PROJECT NO. UW -95 -28 -DS
On August 6, 1996, the Indian River County Board of County
Commissioners approved Resolutions 96-82 (Resolution I) and 96-83
(Resolution II), which contained the preliminary assessment roll
and established the date of the public hearing for the subject
project. Property owners have been notified of the public hearing
by certified mail. Resolution 96-82 was published in the PRESS
JOURNAL on August 12, 1996. (See attached agenda item and minutes
for the above meeting.)
ANALYSIS
Design of the water distribution system is complete. Approval of
the attached Resolution III will confirm and approve the
preliminary assessment.
Informational meetings were held for the property owners on August
20, August 21, and August 22 at 7:00 p.m. in the Sebastian City
Council Chambers. The attached map displays the area to benefit
from the assessment project. The areas to be served are located
south of CR 512 and east of Barber Street and includes Sebastian
Highlands:
Units
Section
Township
Range
6 & 8
13
31
38
12 & 15
7
31
39
14
12
31
38
10
24
31
38
11
19
31
39
11
25
31
38
16
18
31
39
17
19
31
39
This area includes all or portions of 114 blocks. Included are
2,182 lots and 7 tracts and non -platted parcels. There are 2,003
Parcel IDs. Typical lot sizes are .25 acre, plus or minus.
14
August 27, 1996
M M
The City of Sebastian entered into an interlocal agreement with
Indian River County providing for the transfer of the City of
Sebastian's water and wastewater system on September 20, 1995. The
agreement requires the County to extend water or wastewater
transmissions, distribution or collection facilities and
improvements, and impose special assessments upon benefitted
parcels located within the incorporated area of the City.
At their regular meeting of June 26, 1996, the City Council adopted
Resolution No. R-96-48 (copy attached), which waived the sixty-day
notice requirement as per Section 6.07(B) of the interlocal
agreement. This resolution further states that the City Council
deems it in the best interest of the citizens of Sebastian that
Indian River County proceed as soon as possible with the water
expansion.
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.
Engineering design services and the assessment roll have been
completed by Masteller and Moler, Inc. We are now ready to begin
the assessment process associated with this project. The total
estimated cost and amount to be assessed is $3,331,139.94. The
total estimated cost per square foot is $0.139949.
While the purpose of this project is to make water service
available to all properties within the project area, within this
area there remain 1,150± platted, undeveloped lots lacking adequate
access. Service for these properties may need to be provided in
the future when streets are improved to allow access..
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Resolution III.
JDC:nr
Attachments
APPROVED FOR AGENDA
By eexs�
ames E. Chafidler
County Administrator
For o? % — !?.
Date
August 27, 1996
aQ�,� 6 e ea (A t"-/
15
Indian Rita Cal Approved
Pdte
Adm!n.
Z1196
Legal
eucget
:;tilitiec �
1
Rick Mgr.
s,Oor.9.,S f4l'- 1
BOOK 98 f�%,; 17
16
August 27, 1996
� � r
Mr. Chastain gave details on the attendance at the
informational meetings. He felt the majority of those with whom
staff met had a positive feeling about the project with a few
exceptions. He believed there was little opposition to the Phase
I project because the area is primarily residential, except along
CR -512 and a few unplatted parcels.
Mr. Chastain advised that 85 scrub lots slated for purchase
with bond funds are located within the project area and that a
decision needed to be made concerning them.
The following memo dated August 26, 1996, was also considered.
TO: James E. Chandler, County Administrator
,}y
FROM: Terrence P. O'Brien, Assistant County Attorney < "
DATE: August 26, 1996
RE: SPECIAL ASSESSMENT - SCRUB JAY LOTS
You have asked this office through the Director of Budget whether
Land Acquisition Bond money may be used to pay for the special
assessment for water service to the area where the scrub jay lots are
located.
The lots were appraised without water services. Now that acquisition
and water service may be imminent, the lots should be reappraised
showing water service. If the reappraisal shows an increase in the
value equal to or greater than the assessment then bond monies could be
used for acquisition. If the reappraisal shows an increase in value
less than the special assessment, then the County could purchase the
lots at over appraisal value and this over appraisal costs would be an
acquisition cost and also payable with bond monies. However, because
the purchase would be at over appraisal a super majority of the Board
of County Commissioners would have to approve the purchase and the
portion over appraisal would not be part of the amount reimbursable by
FCT.
If at the time of purchase of the lots, the water service project has not
been approved and hence no lien, then any future project and
assessment would be the General Fund responsibility and not bond
monies.
In response to Chairman Adams' request for someone to address
the scrub lot issue, Utility Services Director Terry Pinto advised
that the lots designated for scrub protection had been discussed at
staff level and staff had no alternative but to assess the lots.
He advised that the decision to develop or not develop the lots is
voluntary. When the assessment was formulated, staff was required
to send the assessment to the recorded lot owners. If the scrub
properties are not assessed, the cost of the project will have to
be distributed (increased) amongst the remaining properties. While
the Board could decide not to make water available in the scrub
project area,
that be done.
August 27, 1996
Director Pinto advised that he would not recommend
17
ROCK 98 f -u 910,
A lengthy discussion ensued concerning the liens on the 85
scrub lots and payment for same. Chairman Adams wondered if
anything could be done to minimize the cost to the County.
Staff advised that it would be up to the Board to determine,
but, nonetheless, the project costs would have to be paid. Staff
also advised that assessment costs would be an eligible expense
under the acquisition program.
Commissioner Macht argued that using bond funds for general
acquisition costs violated the promise to the taxpayers under the
referendum.
Additional discussion ensued on the fairness of who and how to
pay the assessments on the scrub lots.
Commissioner Macht cautioned that the purchase of the lots was
on one basis only: the environmental value of the scrub on the
property, not scrub jays.
Commissioner Eggert described the payment of the assessments
on the scrub lots as a Catch 22 situation.
Commissioner Macht felt there was a very bad case of an inter-
departmental communications breakdown and there ought to have been
an early coordination since one project impinged on another.
Chairman Adams believed there had been communication, but
there was no way for anyone to predict how the purchase of the
environmental lands would move along.
Mr. Chastain maintained that he could do nothing about the
scrub lots because his office was committed to do the water
assessment project.
Director Pinto pointed out that the Board had set a policy not
to excuse the County from paying assessments.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Ms. Bishop, 481 Candle Avenue, Sebastian, disliked the
assessment method of square footage instead of front footage. She
strongly disagreed with Mr. Chastain's assessment of the property
owners' feelings at the three meetings held. She also wondered why
sewers were not being put in.
Alice Allard, 581 Balboa Street, Sebastian, advised she was
already on the water hookup provided by General Development
18
August 27, 1996
s � �
M M
Utilities. Her neighbor at 571 Balboa Street has hooked on to it
and has received an assessment letter.
Mr. Chastain advised that questions on individual assessments
should be directed to him for handling after the meeting. Director
Pinto added that anyone who was already connected will- not be -
subject to,assessment.
Jeffrey Horne, 414 Quarry Lane, Sebastian, made the point that
the County is not raising his taxes, but is raising his cost of
living through this assessment.
Winfield Singletary, 997 Carnation Drive, Sebastian, advised
he is retired, on a fixed income, and does not see how he can
afford the cost.
Ray Wollschlager, 106 Darden Court, believed he was being
penalized and overcharged and asked for relief. He can't afford to
pay for this expensive water ($11,559.51 for two lots), especially
when one of his lots cannot be cleared because it is a scrub jay
habitat. His home lot measures 36,965 square feet and the scrub
lot measures 20,624 square feet.
Discussion ensued concerning the pros and cons of assessing
based on per unit versus square footage bases. Mr. Chastain and
Director Pinto described the three assessment methods (unit, front
foot, square footage) and pointed out that assessments are
generally done on the square footage basis which has survived legal
challenges. Director Pinto cited specific problems with the other
methods.
Commissioner Bird stressed that he had spent hours looking at
these methods and the square footage method is the best they have
found.
Director Pinto again pointed out that the total cost of the
project is still there and has to be recovered in some manner.
William Roolage recommended the $26 million bond issue be
placed again before the voters to determine whether the land
acquisition program should be continued.
Joe DeMayo, now living in Vero Beach Highlands, owns two lots,
one with a house, in Sebastian in the scrub area at the corner of
Brisbain & Barber. His concern was that he cannot sell his
property until a decision is made.
Norma Damp, 309 Benedictine Terrace, owns 14,500 square feet.
She suggested capping all the lots at 10,000 square feet or 85
linear front footage for determining the assessments and asked what
the difference would be. She felt it would make people feel
better.
19 800,5 98 ,1 I
August 27, 1996
r
BOOK fI
Mr. Chastain thought it would likely raise the assessments.
After doing a quick calculation, taking the total number of lots in
the project and dividing it by the total cost, staff came up with
a figure of $1,561 per lot.
Marge Ertel, 89 Joy Haven Drive, had received an assessment
notice and wished to know the boundaries of Phase I. She stated
she is on a fixed income and felt she had no alternative but to
sell out and leave the county. In response to her inquiry,
Director Pinto advised the assessment would be due in about two
years when the project is completed.
Ms. Perone, Adams Street off Barber, asked when the lien would
be placed and Attorney Vitunac explained that the lien (at the
maximum amount) goes into effect when the resolution (presented for
consideration today) is adopted. When the project is completed,
property owners will be sent notice and given 90 days to pay, or it
may be financed for 10 years with interest.
Then, in response to Ms. Perone, Commissioner Bird explained
the requirements of property being sold with a pending lien.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
Commissioner Bird asked the status of contracts on the scrub
lots, and Community Development Director Bob Keating advised that
of the 153 lots, 85 are in the assessment area. Contracts have
been sent to owners of all lots. Of the 85 in the assessment area,
besides the AGC lots, 46 signed contracts have been received.
Chief of Environmental Planning Roland DeBlois advised that of
the 46 contracts, 33 had been sent assessment letters. There are
still approximately 50 contracts to be received.
Commissioner Bird then asked (since the Board is to make a
decision today on the water project) if the Board also has to make
a decision on how to pay the assessment on the scrub lots.
County Attorney Vitunac pointed out that the Board was sitting
as a board of equalization. He reminded them that the lots are
presently owned by private parties. He explained that in -order for
those (scrub) lots to be removed from the assessment roll, the
Board would have to determine that they do not receive a special
benefit. He suggested they separate the two issues today and just
vote on the board of equalization factors. At a later date, when
they meet to consider purchase of the scrub lots, they will have to
decide who will pay the lien.
August 27, 1996
20
Chairman Adams asked about the timing on scrub lots, and
Director Keating advised that the contracts would be presented to
LAAC tomorrow and be brought back to the Board September 17th at a
public hearing.
Then Commissioner Bird and Chairman Adams presented various
scenarios with respect to purchase.and sale of lots with liens and,
Director Keating responded to their suppositions.
Commissioner Macht stressed that the LAAC should have been
fully briefed, because he would never have voted to go ahead with
the scrub lots purchase had he known it would impinge on a major
utility expansion. He did not wish to see this happen again in one
of his committees. He felt it was bad business and bad government
and he was very disappointed.
Chairman Adams wondered if there would be any advantage by
tabling their decision on the assessment resolution.
Commissioner Eggert commented that she was aware there is a
contractual need to go forward with Phase I. She agreed it was
very awkward getting into a situation such as this and it was too
bad that it happened.
Commissioner Macht acknowledged the water expansion was a
necessary project because 1/4 acre lots cannot have septic tanks
and wells, but the scrub lots were quite a different thing.
MOTION WAS MADE by Commissioner Eggert, SECONDED BY
Commissioner Bird, to approve staff's recommendation
as set forth in the memorandum (total estimated cost
per square foot = $0.139949).
In voting for this matter, Commissioner Macht wanted assurance
that there would be no implication that the assessment will be
funded by the general taxpayer.
Commissioner Bird remarked that somebody has to pay it.
Chairman Adams pointed out that there had been no closing on
any of the scrub lots.
Commissioner Macht replied that they always have the option of
not buying the scrub lots, and Commissioner Eggert agreed he was
correct.
Ini :9
21 x.00`!( ft12
August 27, 1996
F_
BOOK 98
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously. (Resolution #96-100 adopted
confirming the Special Assessments in connection
with a water main extension to the Sebastian area
municipal services benefit unit (MSBU), located in
Phase I of the Sebastian area water expansion
project.)
Jim Granse, 36 Pine Arbor Lane, remarked that he thought U.S.
Fish & Wildlife representatives should have attended this meeting.
Mr. DeMayo asked the Board to let the people know whether the
County will be buying the lots.
(CLERK'S NOTE: The Chairman declared a brief recess at 10:20
a.m. All members were present when she reconvened the meeting
at 10:30 a.m.)
Public Hearing (Third Ree(_). )
RESOLUTION NO. 96-_LQIL
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CONFIRMING THE SPECIAL ASSESS-
MENTS IN CONNECTION WITH A WATER MAIN
EXTENSION TO THE SEBASTIAN AREA MUNICIPAL
SERVICES BENEFIT UNIT, LOCATED IN PHASE I
OF THE SEBASTIAN AREA WATER EXPANSION
PROJECT; PROVIDING FOR SPECIAL ASSESSMENT
LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River County has,
by Resolution No. 96-82, adopted August 6, 1996, determined to make special
assessments against certain properties to be serviced by a water main
extension to Phase I of the Sebastian Area Water Expansion Project (Project
No. UW -95 -28 -DS); and
WHEREAS, said resolution described the manner in which said special
assessments shall be`made and how said special assessments are to be paid;
and
WHEREAS, the resolution was published in the Vero Beach Press
Journal on August 12, 1996, as required by Section .206.04, Indian River
County Code; and
WHEREAS, the Board of County Commissioners of Indian River County passed
Resolution No. 96-83 on August 6, 1996, which set a time and place for a
public hearing at which the owners of the properties to be assessed and other
interested persons would have the chance to be heard as to any and all
August 27, 1996
22
RESOLUTION NO. 96- 100
complaints as to said project and said special assessments, and for the Board
to act as require& by Section 206.07, Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, August 9, 1996, and
Friday, August 16, 1996 (twice one week apart; the last being at least one
week prior to the hearing), as required by Section 206.06, Indian River
County Code; and -
WHEREAS, the land owners of record were mailed notices at least ten days
prior to the hearing, as required by Section 206.06, Indian River County
Code; and
WHEREAS, the Board of County Commissioners of Indian River County on
Tuesday, August 27, 1996, at%9:05 a.m. conducted the public hearing with
regard to the special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are hereby
confirmed and approved, and shall remain legal, valid, and
binding first liens against the properties assessed until paid in
full.
3. The Board finds that the properties assessed by this resolution will
receive special benefits equal to or greater than the cost of the
assessment.
4. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the special
assessments, on the public records, which shall constitute prima facie
evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Bird , and, upon being put to a
vote, the vote was as follows:
Chairman Fran B. Adamet 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 27 day of August , 1996.
A est:
Jef Barton, C erk
Attachment: ASSESSMENT ROLL
(to be recorded on Public Records)
23
August 27, 1996
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,
FLORIDA
By�oy�. JJ
Fran B. Adams
Chairman
8m, 9892.01
BOOK 98 F'A;i 91-0
25
PUBLIC HEARING - APPLICATION FOR MASS TRANSIT CAPITAL &
OPERATING FUNDS - SUBMISSION AUTHORIZED
rt. �
aem of
P.O. Box 1268 Vero Beach, Florida 32961 562-2315
COUNTY OF INDIAN RIVER }��Qurn1l
STATE OF FLORIDA T
Before the undersigned authority personally appeared J.J.
Schumann, Jr. who on oath says that he is Business Manager of the
Vero Beach Press -Journal, a newspaper published at Vero Beach in
Indian River County, Florida: that
A �� r�U�On/ ;rAla
billed to ' 1�2
was published In said newspaper in the issue(s)
M67 Ing)
A
OL-
-
Sworn to and subscribed before me this
064
C? A.D
day o
�.z OTA
Q o
J.;.. C,
s m• nlyComm Expires :r
Business Manager
J" 21 i597
BARBARA C SPRAaW. NOTARY M:l:l:t..
i No. CC300572
iAN
cmmm6s.,n rA,nne, u.,or
-'
N,1— 4A49ARA r
Community Development Director Bob
Memorandum of August 16, 1996:
TO: James Chandler
County Administrator
VIC
FROM: Keith Burnsed, AICP
MPO Planner
THROUGH: Robert M. Keating, AICP/Wk'
Community Development Director
DATE: August 16, 1996
NOICE OF PUBLIC HENING
Notice of hearing to consider submittal of
an application for a 49 USC Ch. 53, Section
5307 (formerly Section 9 of the Federal
Transit Act) Grant for Mass Transit Capital
and Operating Assistance.
The Indian River County Board of County
Commissioners is considering the submittal
of a 49 USC Ch. 53, Section 53071formerly
Section 9 of the Federal Transit Act) grant
application. As proposed, the application
requests a grant of $754,133 in federal
funds. These funds will be passed through
to the designated Community Transporta-
tion Coordinator and matched by $311,243
in local and state funds. The funds will be
used to continue the Community Coach
(modified fixed route) program and to in-
crease the Community Transportation Coor-
dinator's demand responsive transportation
program. Specifically, funds will be used to:
replace and add vehicles
• purchase bus signs and bus stop shel-
ters
• construct a bus washing system
• maintain operations of current service
A public hearing at which parties in inter-
est and citizens shall have an opportumly to
be heard will be held by the Board of
County Commissioners in the County Com-
mission Chambers of the Indian River
County Administration Building located at
1840 25th Street, Vero Beach, Florida on
Tuesday, August 27, 1996 at 9:05 AM.
Arryone who may wish to appeal any de-
cision which may be made at this meeting
will need to ensure that a verbatim record
of the proceedings is made, which includes
testimony and evidence upon which the ap-
peal will be based.
Anyone who needs a special accommo-
dationfor this meeting must contact the
county's Americans with Disabilities Act
(ADA) Coordinator at 567-8000 extension
223 at least 48 hours in advance of meet -
Indian River County
Board of County Commissioners
Bv:-s- Fran B. Adams, Chairman 58919
Keating reviewed a
SUBJECT: *REQUEST FOR AUTHORIZATION TO SUBMIT AN
APPLICATION FOR MASS TRANSIT CAPITAL AND
OPERATING FUNDS (49 USC CH. 53, SECTION 5307 GRANT)
24
August 27, 1996
It is requested
consideration by
meeting of Augus
t
that the data herein presented be given formal
the Board of County Commissioners at their regular
27, 1996.
Summary
In September 1995, the Board of County Commissioners
authorized the filing of a* FY 1995/96 Section 5307
(formerly Section 9) grant application requesting
$762,724 in federal, state, and local funds. Those funds
have been passed -through to the Council on Aging to
provide funding for the Community Coach bus system.
Grants under the Section 5307 program are available for
the planning, acquisition, construction, improvement, and
operating costs of facilities, equipment, and associated
capital maintenance items used in mass transportation
service. For the 1996/97 fiscal year, the Council on
Aging proposes $1,065,376 in federal, state, and local
funds. As with the FY 1995/96 grant, the FY 1996/97
grant will be used by the Council on Aging to fund its
Community Coach fixed route and para -transit service.
Attached to this staff report is a funding breakdown for
the FY 1996/97 grant, a resolution authorizing the filing
of the grant, and a Memorandum of Agreement between the
county and the Council on Aging. Staff recommends that
the Board of County Commissioners adopt the attached
resolution authorizing the filing of the Section 5307
grant application. Staff also recommends that the Board
authorize the chairman to execute the necessary self
certifications and standard assurances required by the
Section 5307 program and the Memorandum of Agreement
between the county and the Council on Aging for the
transfer of transit.grant funds.
DESCRIPTIONS & CONDITIONS
As a result of the 1990 Census, the City of Vero Beach and the
densely populated land surrounding the City were designated as an
urbanized area. With this designation have come several changes.
One was the establishment of the Indian River County Metropolitan
Planning Organization (MPO). Another change is the eligibility of
local governments within the urbanized area to apply for and
receive grant funds authorized by 49 USC .Ch. 53, Section 5307
(formerly and more widely known as Section 9 of the Federal Transit
Act) .
In September 1995, the Board of County Commissioners authorized the
filing of a Section 5307 grant application requesting $762,724 in
federal, state, and local funds. Those funds have been passed -
through to the Council on Aging to provide funding for the
Community Coach bus system.
Grants under the Section 5307 program are available for the
planning, acquisition, construction, improvement, and operating
costs of facilities, equipment, and associated capital maintenance
items used in mass transportation service. Operating expenses
require a 50% non-federal match, and capital expenses require a 20e
non-federal match.
The 1996/97 fiscal year is the first year for which a soft -match,
rather than cash match, may be used to provide the required match
for the capital expenses portion of the Section 5307 grant. While
25
August 27, 1996
$00X.
a match is still required, the use of a soft -match eliminates the
need for the county or state to provide a cash share for capital
expenses. State and county funds allocated for transit expenses
are, however, still used to match operations expenses.
The availability of soft -match funds stems from a provision of the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991
allowing the use of toll revenue credits for federally -required
matching funds, and may be used only for the capital portion of the
Section 5307 grant. Staff from the Florida Department of
Transportation (FDOT) have informed county planning staff that
soft -match funds will likely not be available after FY 1996/97.
A funding breakdown is provided in Attachment 1. Listed on
Attachment 1 are the amounts of federal cash grant funds,
state/local matching cash funds, and state/local matching soft -
match funds for capital, operations, and training (training is a
component of operations but is listed separately per federal
regulations). Attachment 1 also lists the capital items which the
Council on Aging intends to purchase with the grant funds.
While only public agencies may be designated recipients and apply
for Section 5307 funds, a non-public provider may receive Section
5307 funds through a designated recipient which applies for funds
on behalf of the non-public provider. Consistent with this
allowance, the Indian River County Council on Aging has prepared a
Section 5307 Grant application and is now requesting that the Board
of County Commissioners apply for Section 5307 funds as a
designated recipient on behalf of the Council on Aging.
The Council on Aging is requesting $754,133 in federal Section 5307
grant funds, and proposes to match that with $311,243 in cash funds
from a $112,655 State Transit Development Block Grant and with
$198,588 in funds to be provided to the Council on Aging by both
Indian River County and the City of Vero Beach. A copy of the
complete Section 5307 grant application is on file at the County
Planning Division Office.
As proposed, the Council on Aging will use the entire $1,065,376
(grant and match) to fund its Community Coach and para -transit
service.
ANALYSIS
According to Section 5307 grant application requirements, a
designated recipient must hold a public hearing to obtain the views
of citizens on a proposed grant application. In keeping with that
requirement, staff has published a notice of this meeting and has
scheduled this item as a public hearing.
The MPO has included the proposed Section 5307 grant in its FY
1996/97 through 2000/01 Transportation Improvement Program (TIP),
a necessary prerequisite for submittal of a Section 5307
application.
As proposed, this grant will allow the Council on Aging to leverage
county and state funds to provide more transportation services to
the county's residents. By so doing, the Council will be meeting
an identified need within the County.
To apply for Section 5307 funds, the Board of County Commissioners
must adopt the attached resolution (Attachment 2) and authorize the
chairman to execute necessary self -certification and standard
assurances. In addition, the county and the Council on Aging must
enter into an agreement providing a means by which the county will
transfer grant funds to the Council on Aging. Attachment 3 of this
staff report is a Memorandum of Agreement between the county and
the Council on Aging which provides for the transfer of these
26
August 27, 1996
transit grant funds. The resolution in Attachment 2 and the
agreement in Attachment 3 have been reviewed and approved by the
County Attorney's Office.
In addition to the Section 5307 grant documents presented for
approval herein, the county must enter into Joint Participation
Agreements (JPAs) with FDOT for the Public Transit Development
Block Grant. When submitted to the county by FDOT, the JPAs•will
be presented to the Board of County.Commissioners for approval.
Staff recommends that the Board of County Commissioners adopt the
attached resolution authorizing the filing of the Section 5307
grant application. Staff also recommends that the Board authorize
the chairman to execute the necessary self certifications and
standard assurances required by the Section 5307 program and the
Memorandum of Agreement between the county and the Council on Aging
for the transfer of transit grant funds.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, she closed
the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
staff's recommendation and .adopted Resolution No.
96-101 authorizing the filing of an application with
the Department of Transportation, United States of
America, for a grant under 49 USC Chapter 53,
Section 5307.
RESOLUTION NO. 101
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE FILING OF AN
APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED
STATES OF AMERICA, FOR A GRANT UNDER 49 USC CHAPTER 53,
SECTION 5307.
WHEREAS, the Secretary of Transportation is authorized to make
grants for a mass transportation program of -projects and budgets;
`l
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, including the provision by
it of the local share of project costs in the program;
WHEREAS, it is required by the U.S. Department of
Transportation in accord with the provisions of Title VI of the
Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder, and
Boa 98
a'
27
August 27, 1996
BUCK98 '�AILE 99
WHEREAS, it is the goal of the applicant that minority
business enterprise be -utilized to the fullest extent possible in
connection with this project, and th4t procedures shall be
established and administered to ensure that equipment contacts, or
consultant and other services meet these goals.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County
Commissioners is authorized to execute, and the Director of
Community Development is authorized to file, applications on
behalf of Indian River County with the U.S. Department of
Transportation to aid in the financing of planning, capital,
and/or operating assistance projects pursuant to 49 USC
Chapter 53, Section 5307.
2. That the Chairman of the Indian River County Board of County
Commissioners is authorized to execute, and the Director of
Community Development is authorized to file, with such
application an assurance or any other document required by the
U.S. Department of Transportation effectuating the purpose of
Title VI of the Civil Rights Act of 1964.
3. That the Indian River County Director of Community Development
is authorized to furnish such additional information as the
U.S. Department of Transportation may require in connection
with the application for the program of projects and budget.
4. That the Chairman of the Indian River County Board of County
Commissioners is authorized to set forth and execute
affirmative minority business policies in connection with the
program of projects and budget procurement needs.
5. That the Chairman of the Indian River Board of- County
Commissioners is authorized to execute grant agreements with
the U.S. Department of Transportation for aid in the financing
of the planning, capital, and/or operating assistance program
of projects and budget.
THIS RESOLUTION was moved for adoption by Eggert , and the
motion was seconded by Tippin and, upon being put to a vote,
the vote was as follows:
Chairman Fran B. Adams Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly passed and
adopted this U day of August , 1996.
28
August 27, 1996
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER CO FLORIDA
• yg
By
.Fran B. Adams, Chairman
Board of County Commissioners
K
ATTEST:,
Jeffrey K. Barton, C
State of Florida
County of Indian River
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in this State and County to take acknowledgements,
personally appeared FRAN B. ADAMS, and PATRICIA M. RIDGELY. as
Chairman of the Board of County Commissioners and Deputy Clerk
respectively, to me known to be the persons described in and who
executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my nd and o icial s in the County and State last
aforesaid this day of A. , X1996. '
1*�WN WMX
• r
drbldowe of FMori& I. .
Casunission Ne. CC 296016
• '� OF My Commission Expims 8n3W;.
Bo�7ffia�h Fla Nut.ryServiae d! Hpn�Cs __� �
PUBLIC DISCUSSION ITEM - REVIEW OF THE INDIAN RIVER
COUNTY COMPREHENSIVE PLAN EVALUATION & APPRAISAL
REPORT
With the aid of an overhead projector, Community Development
Director Bob Keating reviewed a Memorandum of August 20, 1996:
TO:
FROM:
DATE:
James E. Chandler
County Administrator
�... ,
Community Develo n
Sasan Rohani, AICP
Chief, Long -Range
August 20, 1996
,ent rector
./l .
Planning
RE: REVIEW OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN
EVALUATION AND APPRAISAL REPORT
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 27, 1996.
DESCRIPTION AND CONDITIONS
All local governments in Florida are required to develop a
Comprehensive Plan and to periodically review and assess that plan
through preparation of an Evaluation and Appraisal Report (EAR) .'
According to state rules, Indian River County must submit its
adopted EAR to the state by January 1, 1997. The Planning and
Zoning Commission, as the county's designated local planning
agency, is charged with preparation of the Evaluation and Appraisal
Report.
29
August 27, 1996 am 98 PA",F 9,3
took A' r
Although the adopted Evaluation and Appraisal Report is not due to
the state until January 1, 1997, state law requires that the local
planning agency approve and submit a proposed EAR to the state at
least 90 days prior to the county's January 1, 1997 EAR submittal
date. Accordingly, the local planning agency (the Planning and
Zoning Commission) must consider, approve, and submit the county's
proposed EAR to the State Department of Community Affairs (DCA) by
October 1, 1996.
Since November 1995, planning staff has worked with the Planning
and Zoning Commission and other local committees, as designated by
the Evaluation and Appraisal Report Public Participation Plan, to
prepare Evaluation and Appraisal Reports for the 17 elements and
sub -elements of the county comprehensive plan.
A public hearing has been scheduled for the Planning and Zoning
Commission on September 12, 1996, to review and approve the
proposed EAR for submission to DCA.
ANALYSIS
Draft Evaluation and Appraisal Reports for each element of the
county's comprehensive plan have been transmitted to the Board of
County Commissioners under separate cover. At the August 27, 1996,
workshop meeting of the Board of County Commissioners, staff will
provide the Board with a brief overview of the Evaluation and
Appraisal Report for the entire plan.
As the county's designated local planning agency, the Planning and
Zoning Commission will consider approval of the proposed Evaluation
and Appraisal Report at a scheduled public hearing on September 12,
1996. Subsequent to that, staff will transmit a copy of the
proposed EAR to the Department of Community Affairs (DCA) by
October 1, 1996.
While state law requires that the Board of County Commissioners
adopt the final EAR prior to the January 1, 1997 submittal date,
state law does not require that the Board adopt, approve, or
authorize the proposed EAR required to be submitted to the state by
the local planning agency prior to October 1, 1996. Even though
state regulations do not mandate board action, the Board decided to
consider the proposed draft EAR at the August 27, 1996, workshop
prior to the Planning and Zoning Commission's September 12, 1996
EAR public hearing.
After submittal of the local planning agency approved EAR to the
state, there will be about three months until the Board has to
adopt the EAR. A Board of County Commissioners EAR public hearing
is tentatively scheduled for December 10, 1996. Prior to that
time, there will be opportunities to revise the draft EAR. Staff
anticipates that the Board will have one or more EAR workshops
prior to its scheduled December EAR public hearing.
At this point, the Board should focus on examining the data
presented. While doing so, the Commission should identify any
additional changes that need to be addressed in a revised plan.
RECOMMENDATION
Staff recommends that the Board of County Commissioners review
information provided, collect public input, and provide direction
to staff.
August 27, 1996
30
M
M
M
In addition, Director Keating advised that drafts of the EAR
have been taken to respective committees for review. . He
complimented the Planning and Zoning Commission for having done a
great job in giving staff a lot of direction.
Director Keating reviewed the objectives and achievements and
reported that some objectives are changing, so just a little*
tweaking needs to be done.
Director Keating highlighted a few of the important points in
some of the elements. He pointed out that the projected population
increase has been less than projected in 1989. Growth occurred
where anticipated and the county stayed consistent with the
Comprehensive Plan.
Director Keating advised that several proposed changes to the
map of the land use element have been approved by the Planning and
Zoning Commission. The first is that the urban service area should
not be expanded. Experience has proven that 1 unit per acre in the
rural areas is not developing, so staff has recommended increasing
that to 3 units per acre which is easier to develop and creates the
type of dwelling unit people can afford. Staff thinks this is an
appropriate change as it minimizes urban sprawl. Other staff
proposals/ recommendations include expanding the medical node to the
north; slightly expanding to the I-95 at 74th Avenue node; and
capping the SR-60/Kings Highway node at 315 acres. Staff also
proposes a policy in the Oslo Road area (between I-95/74th Avenue
node and Kings Highway) to provide an incentive for traditional
neighborhood design, or compact development, and allow development
outside the urban service area in a controlled neighborhood -type
development pattern. Staff feels this can be done by providing
incentives, higher density allowance for some commercial
development that's both internally -oriented and oriented towards
Oslo Road. Staff feels this will relate to some of the demand they
see coming there and also be a good compact development.
Director Keating also advised that the State has recently
changed the definition of "coastal high hazard area" which affects
the land use element, coastal management element, and capital
improvements element.
Director Keating advised that with reference to the
transportation element, progress has been made and level of service
standards have been maintained. Some changes to the transportation
element include safety objectives, new targets for transit, and
revising the transportation element to be consistent with the MPO's
long-range plan.
31 BOOK �'! �� 4
August 27, 1996
boa 98 F�,,LsE 933
Director Keating touched on other elements which are not final
including recreation. It is difficult to deal with levels of
service because the County and the cities provide recreational
facilities and funding. It is a complex task to determine who pays
for and who gets credit for what. While extensive work has already
been done, staff may conclude that it will need more study.
With respect to the intergovernmental coordination element,
Director Keating recommended that some of the intergovernmental
coordination be formalized and focus be placed on eliminating
enclaves; working with the cities to develop annexation plans; and
eliminating the current policy of considering changing to a
"charter county" as it does not appear to have many advantages for
the County.
Director Keating advised that a great deal of work has gone
into the preparation of this draft EAR and staff feels pretty
comfortable with it. They expect to be doing a lot more before it
comes back on December 10th for final approval and authorization to
send it to DCA. He asked that the Board members submit their
comments so they may be given to the Planning & Zoning Commission
for their meeting on September 12th, and asked for concurrence to
schedule some workshops in the fall for additional input.
Commissioner Eggert advised that she had already called him
with her comments, but wished to follow up on his statement about
annexation and eliminating enclaves. She assumed that in his
conversations on these topics he was carefully considering the
effect on emergency services.
Commissioner Bird suggested that before the map is revised
staff check with St. Johns River Water Management District
regarding some of their acquisitions in the county. He also felt
there is little opportunity in the county for a family to fulfill
the "American dream" to buy an acre or two. Not many one or two
acre lots exist and they are difficult to create.
Commissioner Eggert was certain it was true and recalled that
having one or two acre lots was one of the things sacrificed in
dealing with the DCA in 1989/90 that has really been too bad.
Commissioner Tippin remarked that DCA has not changed their
outlook on it either. At one time DCA praised the county for the
low density and green space, but now the same agency is saying that
urban sprawl has been created.
Chairman Adams agreed with Commissioner Bird and thought maybe
we need to change the 5 acres per unit. She felt that the logical
32
August 27, 1996
I
M M
spot is where the subdivision is desired. She suggested that if
someone wanted to subdivide, then deal with it individually. She
would feel more comfortable leaving in R-1 somewhere.
Commissioner Bird pointed out that the county is going through
transition now because citrus/grove values are down. He believed
some of the grove owners might want, to convert to residential, but.
are not willing to put in streets and other required infrastructure
to create 1/3 or 1/2 acre lots. He thought they might be willing
to cut 10 -acres into five 2 -acre parcels, but only if the cost is
not prohibitive.
In terms of the future land use element, Chairman Adams
pointed out that she really enjoyed reading where we were in 1990
versus where we are now. She would like to see a chart that shows
the future land use element in terms of commercial acreage in order
to be able to make some true comparisons. She also wanted to see
the same information regarding residential increases, such as the
increase in mobile homes. Conservation lands have also been of
great interest to her.
Long -Range Planning Chief Sasan Rohani pointed to Appendix 1,
past page 79 in the back up, and Commissioner Eggert advised that
Chairman Adams was asking for an "executive summary", in large
print. Chairman Adams referred to Appendix 1 and agreed that was
good.
Chairman Adams advised that she would put her other comments
in writing to staff. She thanked staff for communicating with the
committees, and hoped that it did not come out like the Strategic
Regional Plan. She feared encouragement of in -fill building
downtown because it was an advantage to have open space.
Commissioner Tippin complimented staff on having done a fine
job.
In response to Chairman Adams, Director Keating advised that
many of the policies are continuing and are recommended to be
maintained. Staff had tried to be conservative in deleting other
policies.
It was noted that the final plan will come back to the Board
of County Commissioners for public hearing on December 101 1996.
Staff will come back with suggested workshop dates.
NO ACTION REQUIRED OR TAKEN.
33 BOOK '98 f�u� 3
August 27, 1996
r
�OD�( 98 3
PROPOSED BUDGET REVISION TO FY 1995/96 MASS TRANSIT
GRANT
The Board reviewed a Memorandum of August 20, 1996:
TO: James Chandler
County Administrator
vv,�22
FROM: Keith Burnsed, AICP Fu
MPO Planner
THROUGH: Robert M. Keating, AICPMV,-
Community Development Director
DATE: August 20, 1996
SUBJECT: PROPOSED BUDGET REVISION TO FY 1995/96 MASS TRANSIT GRANT
(49 USC CH. 53, SECTION 5307 GRANT)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 27, 1996.
Summary
In September 1995, the Board of County Commissioners
authorized the filing of a FY 1995/96 Section 5307
(formerly Section 9) grant application, requesting
$762,724 in federal, state, and local funds. Those funds
have been passed -through to the Council on Aging to
provide funding for the Community Coach bus system. The
capital portion of the grant, which has been approved by
the Federal Transit Administration, includes funds for
the construction of an intermodal terminal facility at
the Vero Beach Airport. The Council on Aging's
Transportation Director has recommended chat the
intermodal terminal construction funds be reallocated to
more pressing needs, such as additional rolling stock (a
trolley), renovation of existing office space, and
additional bus shelters and computer equipment. The
Board of County Commissioners agreed to the trolley
purchase at its July 2, 1996 meeting, and the Federal
Transit Administration has approved the proposed budget
revisions, which are listed in Attachment 1 of this staff
report. Staff recommends that the Board of County
Commissioners approve a budget revision for the FY
1995/96 Section 5307 grant to eliminate the $154,000
currently allocated for design and construction of an
intermodal terminal, and to reallocate those funds as
indicated in Attachment 1 of this staff report.
DESCRIPTIONS & CONDITIONS
In September 1995, the Board of County Commissioners authorized the
filing of a FY 1995/96 49 USC Ch. 53, Section 5307 (formerly known
as Section 9 of the Federal Transit Act) grant application,
requesting $762,724 in federal, state, and local funds. Those
funds have been passed -through to the Council on Aging to provide
funding for the Community Coach bus system.
August 27, 1996
34
r
Grants under the Section 5307 program are available for the
planning, acquisition, construction, improvement, and operating
costs of facilities, equipment, and associated capital maintenance
items used in mass transportation service. The capital portion of
the FY 1995/96 Section 5307 grant is $315,700. A breakdown of the
capital expenses for the approved grant is provided in Attachment
1 (proposed revisions are also listed in this attachment).
As indicated in Attachment 1, the FY 1995/96 grant allocated a
total of $154,000 (design and construction) for an intermodal
terminal to be located at the Vero Beach Municipal Airport. Other
capital expenses include bus shelters, computer equipment, radios,
and renovation of the transfer facility located at the Council on
Aging.
ANALYSIS
Since the FY 1995/96 grant was approved, the sole commercial air
service carrier has left the airport, reducing the effectiveness of
moving all transit operations to the airport. Present leased space
at the airport is, however, adequate for use as an information
center and headquarters for the fixed -route bus drivers. As a
result, staff from the Council on Aging have recommended that
construction at the airport be delayed. Staff have also
recommended that funds allocated for construction of facilities at
the airport be re -programmed for more pressing needs.
As listed in Attachment 1, staff recommends that the current
transit grant be revised to eliminate the $154,000 terminal
construction funding and re -program the $154,000 for other transit
expenditures. The proposed revisions and rationale are as follows:
■ Purchase a Bus Trolley for $112,000 -- the trolley would
augment transit service on the barrier island and would act as
a transit promotional tool; operating costs would be partially
paid for by advertising from the business community
■ Increase Bus Shelter funding. by $2,500 to $10,000 -- the City
of Vero Beach has been working with the Council.on Aging to
construct bus shelters; the increased funding would be used to
add more shelters in appropriate locations
■ Increase Transfer Facility Renovations funding by $37,000 to
$57,000 -- since office space will not be moved to the
airport, this funding would be used for a more extensive
renovation of Transportation Department space at the Council
on Aging
■ Increase Personal Computer funding by $2,500 to $10,000 --
funds would be used to purchase one additional computer;
increased demands for the National Transit Database reporting
require more advanced computers to keep up with scheduling,
dispatching, and reporting requirements
On July 2, 1996, Tom Fritz, Transportation Director of the Council
on Aging, presented the idea of a trolley purchase to the Board of
County Commissioners. The Board agreed to the use of current
transit grant funds for the trolley purchase.
The proposed revisions are a reallocation of funding within the
current grant, and do not change the total grant budget. Because
of the size of the reallocation, however, Federal Transit
August 27, 1996
P
Administration approval is required. After the July 2, 1996 Board
meeting, planning staff submitted a budget revision request to the
Federal Transit Administration. Staff have received approval from
the Federal Transit Administration for the proposed budget
revisions in Attachment 1.
RECO14MENDATION
Staff recommends that the Board of County Commissioners approve a
budget revision for the FY 1995/96 Section 5307 grant to eliminate
the $154,000 currently allocated for design and construction of an
intermodal terminal, and to reallocate those funds as indicated in
Attachment 1 of this staff report.
ATTR T
PASSTHROUGH SECTION 9 GRANT
FOR COUNCIL ON AGING
((Oc *Lk ?o({to,X OV44) Approved
Sect.9 Requested Revised
DESCRIPTION Account Budget Revisions ,Budget
2 Wheelchair Mini -vans
11.12.15
$70,000
$70,000
Office Furniture
11.32.08
2,000
2,000
Bus Signs
11.32.09
3,000
3,000
Bus Shelters
11.32.10
7,500
2,500
10,000
Lease - Terminal Space
11.36.03
7,000
7,000
3 Personal Computers
11.42.07
7,500
2,500
10,000
Misc. Equipment (fax and phones)
11.42.20
3,000
3,000
Radios
11.62.03
30,200
30,200
Transfer Facility Renovation
11.44.01
20,000
37,000
57,000
Design of Intermodal Terminal
11.31.03
10,000
(10,000)
0
Construction of Intermodal Terminal
11.33.03
144,000
(144,000)
0
Contingency
11.73.00
11,500
11,500
Bus Trolley
11.13.09
112,000
112,000
$315,700
$0
$315,700
Funding:
Federal Share
80%
$252,560
$0
$252,560
State Block Grant Share
10%
31,570
0
31,570
Local Share
10%
31,570
0
31,570
$315,700
$0
$315,700
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
a budget revision for the FY 1995/96 Section 5307
grant to eliminate the $154,000 currently allocated
for design and construction of an intermodal
terminal, and to reallocate those funds as indicated
in Attachment l of the report, as recommended in the
memorandum.
August 27, 1996
36
REQUEST TO APPROVE PARTIAL ASSIGNMENT OF OPTION OF
THE CAIRNS TRACT LAAC SITE TO THE STATE
The Board reviewed a Memorandum of August 20, 1996:
TO: James E. Chandler
County Administrator
HEAD
A
Community Develooment4' Director
FROM: Roland M. DeBloisfWCP
Chief, Environmental Planning
DATE: August 20, 1996
SUBJECT: REQUEST TO APPROVE PARTIAL ASSIGNMENT OF OPTION OF THE
CAIRNS TRACT LAAC SITE TO THE STATE
It is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at its
regular meeting of August 27, 1996.
DESCRIPTION AND CONDITIONS
At a public hearing on March 19, 1996, the Board of County
Commissioners authorized staff to proceed with closing on the +104
acre Cairns Tract on south Jungle Trail. The property is being
purchased with environmental land acquisition bond referendum
funds, with a 50% cost -share from the State Conservation and
Recreation Lands (CARL) program. Under CARL program procedures, the
State obtains full title to an acquired property.
Subsequently, at its meeting of July 2, 1996, the Board agreed to
manage the Cairns Tract. At that meeting, staff also reported to
the Board that staff was working with the State on language in the
Cairns Tract title assignment ("Partial Assignment of Option
Agreement") that would give the County a real interest in the
property (to satisfy bond referendum language requirements); and
ensure that the property would remain in its intended conservation
use in perpetuity.
Through negotiation, County and Department of Environmental
Protection (DEP) staff generally agreed to "right of re-entry"
language - applicable for the duration of the county bond (15
years) - for the County to have a sufficient legal interest in the
property to satisfy bond referendum language (as it relates to
expenditure of bond funds).
County and DEP staff, however, did not come to terms on assignment
language that would provide a guarantee that the Cairns Tract would
forever remain in its intended conservation use. DEP staff
indicated that such language would set a precedent that DEP staff
could not support. DEP staff indicated, however, that final State
approval of the language was up to the Governor and Cabinet,
sitting as the Board of Trustees of the Internal Improvement Trust
Fund (TIIF). On July 3rd, County Attorney Charles Vitunac and
Charles Hardee, the county's environmental lands acquisition
consultant, met with Governor and Cabinet aides in Tallahassee in
37
August 27, 1996
6:OVK �vu.9:38.
r
BOOK 98 F�a, 93
an effort to resolve state and county staff differences regarding
acceptable assignment language. Subsequently, at the Governor and
Cabinet meeting of July 9, 1996, attended by Commission Chairman
Fran Adams and Charles Hardee, both County and DEP staff assignment
language recommendations were brought to the Cabinet's attention as
part of its consideration of the Cairns Tract purchase.
At the July 9th hearing, the Governor and Cabinet voted to approve
purchase of the Cairns Tract with DEP's recommended assignment
language (see Page 2 of the attached assignment). This language was
approved by the Cabinet with an understanding that the County will
control the use of the property through a 50 year management lease
of the property, whereby the County will have an option to renew
the lease for an additional 50 years, subject to Cabinet approval.
ANALYSIS
Language in the attached Partial Assignment of Option Agreement
provides that "Grantee's ownership shall be consistent with all
applicable statutory provisions in effect on the date of this
deed." The principal applicable statutory provisions are
incorporated in Florida Statutes Chapter 259. Chapter 259 currently
allows for State "surplussing" of lands acquired under the CARL
program. Once surplussed, lands could be used for non -conservation
purposes. For this reason, county staff's concern has been that
there is no guarantee that the Cairns Tract, 50% of which is being
bought with county environmental land bond monies, will not be
surplussed some time in the future and used for something
incompatible with resource conservation.
P2000 Surplus Restrictions
Chances are remote, however, that the Cairns Tract would be
surplussed or used in a manner contrary to resource conservation.
Specifically, Section 259.101(6), F.S., provides that, before any
lands acquired with P2000 funds can be disposed of, TIIF must first
determine that:
11... such land no longer needs to be preserved in furtherance of the
intent of the Florida Preservation 2000 Act."
The intent of the P2000 Act is made known in Sec. 259.101(2) , F . S . ,
in which the Legislation declares that acquisition of public lands
should be planned:
"so as to protect the integrity of ecological systems and to provide
multiple benefits, including preservation of fish and wildlife
habitat, recreation space, and water recharge areas."
The Cairns Tract consists almost entirely of endangered native
plant communities, being maritime hammock and coastal strand. P2000
lands considered by the State for surplussing tend to be
environmentally disturbed portions (e.g, improved pasture) of large
tracts bought from owners who were unwilling to sell only the
environmentally significant portions of their property. The Coraci
Tract is an example of that. Moreover, surplus proposals generally
do not succeed unless there is local support for -the surplus, which
would not likely be the case with the Cairns Tract.
Land Use and Zoning Designation
Despite the ownership issue, the County does have some control over
the potential use of the Cairns Tract through its Comprehensive
Plan future land use designation and zoning. As with other
properties being acquired with county bond monies for environmental
lands conservation, county staff plan to initiate a future land use
and zoning amendment of the Cairns Tract, designating it as
38
August 27, 1996
Conservation. Although land use amendments are subject to State
approval, county staff has informally discussed this matter with
state staff and has confirmed that local government Conservation
designations are commonly approved for such properties purchased
under the CARL program.
With a Conservation land use designation, the Cairns property would
have only limited development potential. Essentially, development
would be restricted to conservation type uses. This land use
change would then lessen the chance that the State would surplus
the property or develop it for non -conservation purposes.
County Lease
The Governor and Cabinet's approval of the Cairns Tract purchase
was done under the assumption that the County would obtain a 50
year management lease of the property, with the County having the
option of renewing the lease for an additional 50 years, subject to
State approval. In this respect, the County is in a position to
directly control the property's use for the next 50 years to 100
years.
Alternatives
The County has essentially two alternatives concerning the Partial
Assignment of Option Agreement: to approve the document as written,,
or to not approve it. If the Agreement is approved, then the County
may proceed to close on the property with a 50% cost contribution
(+$5.3 million) from the State. If the County does not approve the
Agreement, then the County must decide either to not buy the
property, or pay 100% of acquisition costs (+$10.5 million).
The Partial Assignment of Option Agreement does not provide an
absolute guarantee that the Cairns Tract will forever remain in its
intended conservation use. However, staff feel that the county
lease arrangement - coupled with the described P2000 surplus
restrictions and local land use controls - provide practical
assurance that the Cairns Tract will stay in its intended
conservation use.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the Board Chairman to execute the Partial Assignment of Option
Agreement, as written, subject to the County obtaining a lease
acceptable to County staff, and authorize staff to continue with
closing of the Cairns Tract in coordination with the State. (Note:
staff is requesting that the Board approve two separate Partial
Assignment of Option Agreements for the Cairns Tract: one for the
portion of the project owned by Robert Cairns as trustee, and one
for the portion owned by Robert Cairns as an individual.)
MOTION WAS MADE by Commissioner Eggert, SECONDED BY
Commissioner Tippin, to approve staff's
recommendation as set forth in the memorandum.
39 BOOK �� ��`9
August 27, 1996
Bm 98 pnc— 941
Under discussion, Commissioner Macht advised he was not in
favor of the purchase as presently structured and presented his
reasons which included that the County would have virtually no
rights except to maintain it. He felt the taxpayers will own
nothing because the State will have the right to sell it without
recourse. He would rather pay the entire price and have 100%
ownership, than subject it to risk.
Chairman Adams concurred that the State has the ability to do
just as Commissioner Macht stated and speculated on the reasoning.
County Attorney Vitunac advised that the lease option had been
15 years, but, after Chairman Adams and Mr. Hardee spoke to the
Cabinet, the State agreed to give a 50 -year lease under a
management agreement and any sale would be subject to the County's
lease. There would also be an option to renew, if extended by the
State, to make it 100 years.
Commissioner Macht thought it monstrous to have to lease back
your own property, and County Attorney Vitunac specified that the
lease guaranteed the property would be in the County's hands 50
years.
Commissioner Bird expressed concern on the wording of the bond
referendum (acquire property).
Commissioner Eggert recalled that when the wording was put
together, the word "acquiree was utilized because the County was
trying to get land by any manner possible, not just by purchase.
County Attorney Vitunac felt that we have acquired some
interest in the land and bond counsel was comfortable with the 50 -
year non -cancelable lease.
Commissioner Bird summarized by saying that the County would
be paying $5 million for a 50 year lease, and Commissioner Macht
maintained it was not good business.
Commissioner Macht felt that the property would never change
because it has multiple uses including recreation, conservation,
and habitat. He recalled that the City of Vero Beach had an
ordinance that no park property could be disposed of without a
referendum. He could agree to this lease if it was subject to a
similar ordinance.
Chief of Environmental Planning Roland DeBlois pointed out
that we got to this point because it was originally presented to
the State as a 50-50 project and, if it had not been presented that
way, it probably would still be on the bottom of the State's CARL
list. He added that this decision also will affect other
properties already approved by the County under the same program.
It basically affects the whole CARL program partnership situation.
40
August 27, 1996
Commissioner Eggert agreed that it is unlikely the property
would change to anything not environmentally sensitive and it was
her understanding that it was very difficult for the State to
surplus environmentally sensitive lands.
Mr. DeBlois .explained that language in the agreement refers to
requirements under P-2000 as of the date of the deed and recalled
particulars in the negotiations concerning the Coraci property.
In response to Commissioner Bird's inquiry, Mr. DeBlois
estimated that 90% of the property would qualify as environmentally
sensitive. A small portion was vegetated with Australian pine and
Brazilian pepper trees; the rest was native hammock and endangered
plants.
Then Commissioner Bird asked if the property was privately
owned whether it could be developed, and Mr. DeBlois said it could.
Charles Hardee, of FloridaAffinity, County's Environmental
Lands Acquisition Consultant, described the lease as fairly
standard giving the County the total right to control the property.
The first 50 years are binding, and the second 50 years are subject
to Cabinet approval. He had just received a draft lease which will
have to be approved by both sides before closing, so the lease will
be in place upon signing.
Commissioner Macht suggested the matter be referred back to
the Land Acquisition Advisory Committee, and Commissioner Bird
concurred.
Commissioner Macht commented he was not aware that in
cooperating with the State the County lost control. He advised it
would change the way he thinks about a lot of things.
Mr. DeBlois emphasized that this is specific to the CARL
program only, not to the Florida Communities Trust, and
Commissioner Macht understood that, but it bothered him that so
much time and money are being spent making purchases that may have
no permanent value.
Mr. Hardee also advised that although the option agreement
exercise date runs out September 1st, they anticipate getting a
one-month extension to close and the owner has agreed.
Commissioner Macht-asked if there would be a problem putting
it on LAAC's agenda for their meeting tomorrow, and County Attorney
Vitunac believed that it could be put on the LAAO agenda as an
emergency matter.
Commissioner Tippin withdrew his second - prior MOTION DIED.
August 27, 1996 Boa U F 942
r,
BOOK 98 mc -1943
MOTION WAS MADE by Commissioner Macht, SECONDED BY
Commissioner Bird, to table the matter and have
staff put it on the LAAC agenda for tomorrow as an
emergency item.
Mr. DeBlois asked if staff should bring the matter back to the
Board next Tuesday, but Commissioner Bird thouccht it should be
brought back when we get the final form of the lease.
Mr. Hardee thought it reasonable that the Board see the lease
before closing.
Chairman Adams suggested it be brought back in two weeks and
there was a consensus.
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously.
58TH AVENUE & 26TH STREET R -O -W ACQUISITION - PARCEL #112
- DODGERTOWN. INC.
The Board reviewed a Memorandum of August 19, 1996:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E
Public Works Director
FROM: Donald G. Finney, SRA
County Right -of -Way Agent
DATE: August 19, 1996
SUBJECT: 58th Avenue and 26th Street Right -of -Way Acquisition
Parcel #112, Dodgertown, Inc.
Thirty -Five feet of additional right-of-way is required on 58th Avenue and fifty feet of
additional right-of-way on 26th Street for the paving improvement project from Route 60
to north of 26th Street.
The County offered to purchase the right-of-wW parcel for $55,000.00 which is $22,000.00
Per acre. The Dodger Organization executed a contract to deed the 2% acre right-of-way
to the County for $65,000.00 which is $26,000.00 per acre.
The County has a recent appraisal of the subject property at $22,000.00 per acre. The
property owner consulted with his appraiser and counter offered at $30,000.00 per acre.
Both parties agreed to a mid point settlement in lieu of the property owner obtaining his
appraisal at $30,000.00 per acre and in lieu of extending the time to acquire the property,
consequently there are no additional appraisal fees or attorney fees.
RECOMMENDATIONS AND FUNDING
Staff requests the Board of County Commissioners approve the $65,000.00 purchase
contract and authorize the Chairman to execute the contract.
Funding to be from Local Option Sales Tax Account No. 315-214-541-066.12.
August 27, 1996
42
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the right-of-way acquisition from Dodgertown, Inc.
in the amount of $65,000 and authorized the Chairman -
to sign the contract, as recommended in the. -
memorandum.
CONTRACT ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES FOR
UNIPROVEMENTS AT GIFFORD PARK WEST WABASSO PARK
FELLSMERE LIGHTED BASKETBALL COURT & HOBART
BALLFIELD LIGHTING - FINAL PAYMENT & RELEASE OF
RETAINAGE - EDLUND AND DRITENBAS ARCHITECTS
The Board reviewed a Memorandum of August 19, 1996:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis. P.E,
Public Works Director
SUBJECT: Professional Architectural/Engineering Services for Gifford Park
Improvements, West Wabasso Park Improvements, Fellsmere Lighted
Basketball Court and Hobart Ballfield Lighting -
Final Payment and Release of Retainage- Edlund & Dritenbas Architects
DATE: August 19, 1996
DESCRIPTION AND CONDITIONS
On August 4. 1994, Indian River County contracted with Edlund & Dritenbas
Architects for architectural/engineering services described as improvements to the
above listed parks
The design has been completed and final payment and release of retainage is
being requested in the amount of 3,778.88.
RECOMMENDATIONS AND FUNDIN
Staff recommends that the final payment be released. Funding is from Account
#315-210-572-066-39.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
release of final payment to Edlund & Dritenbas
Architects, as recommended in the memorandum.
43 6m 98 F-i,=_;E 4
August 27, 1996
WK 98 945 7
WATER MAIN RELOCATION PROTECT - 13TH PLACE AND OLD
MID -FLORIDA WATER STORAGE TOWER, FINAL PAY REQUEST &
CHANGE ORDER NO. 1 - DRIVEWAYS. INC.
The Board reviewed a Memorandum of August 15, 1996:
DATE: August 15, 1996
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI VICES
PREPARED TERRY.H. DRUM, P.S.M. _410111,
AND STAFFED G.I.S. COORDINATOR/G.I.S. MAPPING DIVISION
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER MAIN RELOCATION PROJECT, 13TH PLACE AND OLD -
MID FLORIDA WATER STORAGE TOWER, INDIAN RIVER
COUNTY PROJECT NO. UW -96 -12 -DS, WORK AUTHORIZATION
NO. 36, FINAL PAY REQUEST AND CHANGE ORDER NO.1
BACKGROUND
On June 18, 1996, the Board of County Commissioners approved a
contract with Driveways, Inc., for the above -referenced project.
(See attached copy of agenda item and minutes) The project is now
complete and the Department of Utility Services is prepared to make
final payment to the Contractor.
The original contract was in the amount of $8,874,14. The attached
Change Order reflects an increase of $1,982.50, equating to a
revised contract amount of $10,856.64. The additional cost is
associated with the removal of an old building foundation that was
buried on site and in the direct line of construction. There was
also additional clearing, well -pointing and 15 L.F. of 8" water
main with restraints. A previous payment of $7,017.43 has been
made, leaving a balance due of $3,839.21, which includes the
increase associated with Change Order No. 1.
The staff of the Department of Utility Services recommends that
the Board of County Commissioners approve both the final pay
request and change order as presented. .
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the final pay request of Driveways,'Inc. and change
order, as recommended and set out in the memorandum.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
44
August 27, 1996
I�
COUNTRYSIDE MOBILE HOME PARK WATER AND WASTEWATER -
SETTLEMENT AGREEMENT WITH ELL -CAP -24 AND ELL -CAP -38
SAN SOUCI WALCORNERO BEACH ASSOCIATES ORIGINAL
FRANCHISEE
The Board reviewed a Memorandum of August 21, 1996:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: August 21, 1996
RE: Countryside Mobile Home Park Agreement
Attached is an agreement between the owner of Countryside Mobile
Park, Ell -Cap 24, and Indian River County which would resolve all
outstanding issues between the Park and the County. Since the beginning
of the County Utilities System the County has been working with
Countryside to bring the Park into the County water and sewer system.
The history of the relationship between the County and the Park
encompasses several feet of file space and many hundreds of pages of
correspondence and agreements. These agreements resulted in the Park.
actually being connected to the County sewer system in July of 1993 and
becoming a regular paying customer, leaving only the issue of an
outstanding lien against the Park unresolved.
The foregoing lien was placed on the Park when the Park failed to pay
$228,471.25 in base facility and franchise charges due to the County.
With penalties and interest this lien has grown to $455,717.08. The
attached settlement agreement would have the Park pay the County
$150,000.00 in cash and the County would release the lien. In addition,
the County would credit this payment on a dollar -per -dollar basis to the
future payment of water impact fees by the Park when it connects to the
water system.
This same basic offer was made by staff over a year ago to a group of
residents which was then attempting to buy the Park.
Recommendation: Staff recommends that the Board of County Commissioners
authorize the Chairman to execute the attached agreement accepting
$150,000.00 in cash and to execute appropriate lien releases and for the
Utilities Department to credit the cash payment toward payment of future
water impact fees on the same property.
MOTION WAS MADE by Commissioner Eggert, SECONDED BY
Commissioner Tippin, to approve staff's
recommendation as set forth in the memorandum.
45 Bnoc 98 .FA .z 946
August 27, 1996
BOOK f`,a 947
Under discussion, Chairman Adams thought the County's
settlement offer was quite generous.
County Attorney Vitunac advised that there were some disputes
as to timing with DER (Department of Environmental Regulation - now
Department of Environmental Protection) permits and location. The
County had placed the lien on the property to force the connection.
If the matter was pursued in court, he believed the lien would be
discounted substantially. If the County prevailed, it would then
become a cost of connection to the system and the owners would pass
it through to the residents of the mobile home park. By accepting
the $150,000 from the developer, however, it becomes the
developer's expense and will also be a credit against the future
water impact fees to be paid by the tenants. He recalled that when
the tenants were interested in buying the park, they were very
happy with the same offer made to them.
County Attorney Vitunac added that the lien was for base
facility and interest for the period the County said they should
have been connected, but were not. The developers had vehemently
contested the timing and the date. Rather than go to court, since
the tenants were trying to buy it, the County put the lien on and
waited. The County now needs to remove the lien. He believed the
County's offer to be in the public interest.
THE CHAIRMAN CALLED THE QUESTION and the motion
carried unanimously. (4-0, Commissioner Tippin
temporarily absent)
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
DISTRICT 15 HEALTH & HUMAN SERVICES BOARD - JOYCE
JOHNSTON-CARLSON APPOINTED
Commissioner Eggert reviewed a letter of August 9, 1996 and
advised she supports the reappointment of Joyce Johnston -Carlson to
the District 15 Health and Human Services Board:
August 27, 1996
FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES
Working in partnership with local communities to help people be self-sufficient.
experience good health and live in stable families and communities. '
C.
August 9, 1996
Commissioner Fran Adams, Chair
Indian River County Board
D w
of County Commissionersv
t� �D
r.
�•31i.. ; •i
1840 - 25th Street
•'
w
F .�.�
,
Vero Beach, Florida 32960
r :.
Fr -rg.y •,
Mgt.
Dear Commissioner Adams:
Other
Enclosed are three applications for an Indian River County position on the District 15 Health
and Human Services Board. The position is currently filled by Ms. Joyce Johnston -Carlson,
whose term will expire on September 21, 1996.
There are two additional Indian River County positions that also need to be filled. Since only
three Indian River County residents responded to our recent advertisement, however, these
positions will be readvertised and nominees will be submitted to you at a future date.
As you know, the Nominee Qualification Review Committee (NQRC) selects three nominees
for each position to be •filled. The County Commission then appoints one of the three
nominees. The appointee will complete a four-year term which ends September 21, 2000.
The NQRC has selected the following nominees, ranked in order of the NQRC's assessment
of their social services and management experience and their community involvement:
1. Joyce Johnston -Carlson (eligible for one more term)
2. Susan Helman
3. Edra Young
Please place this item on your agenda and let me know who your Board appoints. If you
have any questions, please do not hesitate to call me at 467-4180.
;Sincerell ,
Larry Lee
HHSB Liaison
cc: Dr. Judy Miller, NQRC Chair
337 N. 4th ST. SUITE `A' FT. PIERCE, FLORIDA 34950-4206
Lawton Chiles, Governor
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Tippin temporarily absent) reappointed
Joyce Johnston -Carlson to the District 15 Health and
Human Services Board,
Eggert.
August 27, 1996
as urged by Commissioner
47
DeK98 �.94118
BOCK. 98 F,�u 949
COMMENT ON OLD COURTHOUSE - TOUR BY BCC SCHEDULED
Commissioner Macht advised that he was looking for direction
on the old Courthouse. He recommended the Board members tour the
building from top to bottom.
Commissioner Bird suggested that they also tour the Annex and
former State Attorney's office.
Chairman Adams inquired if next Tuesday's agenda was light
enough that they might schedule the tour directly after the meeting
and invite the press and public.
Commissioner Eggert advised that she had seen it three years
ago and asked if it was any worse. She received assurances that it
was much worse.
General Services Director Sonny Dean advised that he will be
out of town next Tuesday.
Anthony Masi wanted to attend the tour and suggested that Ruth
Stanbridge also attend.
Chairman Adams assured Mr. Masi that everyone was welcome.
CONSENSUS WAS REACHED to tour the Old
Courthouse, the Annex, and the former State
Attorney's building after the Board of County
Commissioners meeting on Tuesday, September 3,
1996.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:40 a.m.
ATTEST:
K. arton, Clerk
Minutes approved on 9-,2441-
August
,2- 6
48
August 27, 1996
Fran B. Adams, Chairman