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"� +4�, rn'?k` ` q�" � .. .. r MINUTES' ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTYp FLORIDA A G E N D A SPECIAL MEETING TUESDAY, MARCH 20 , 2001 - 7 : 00 P . M . Sebastian City Hall 1225 Main Street Sebastian, FL COUNTY COMMISSIONERS Caroline D . Ginn, Chairman District 5 Ruth M . Stanbridge, Vice Chairman District 2 James E . Chandler, County Administrator Fran B . Adams District 1 Paul G . Bangel , County Attorney Kenneth R . Macht District 3 Kimberly Massung , Executive Aide to BCC J01111 �N' . Tippin District 4 Jeffrey K . Barton, Clerk to the Board 7 : 00 p . m . PUBLIC HEARING Sebastian Water Expansion Phase III -B Resolution III (memorandum dated February 26 , 2001 ) 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 x1223 at least 48 hours in advance of meeting . Indian River County WebSite : http : //bccl . co . indian -nver. fl . us Full agenda back-up material is available for review in the Board of County Commission Office , Indian River County Main Library, IRC Courthouse Law Library , and North County Library Meeting may be broadcast live on the Sebastian Government Channel 27 670 77 k •a ' " .. `fi'.. , .x€,.., ."", t; > C ,'a.='°K °+,3 l; „ :: .. .,, ,?,. a?tv < .. >. . € : " rt'. . .<x-«+ <,� ',". "� y e .eyr :. .. SORT{^. . . ..i . . . ,, . '. n 3-. ' . # -& .. . . � `f .. - , -., . �k. . a .. . .. e �... .. m r . .y.'Y , S' '. a ?�„ � Y✓�}n .. . . ..� _ .- . e w. J. r < .b- ,amu N ` rL � � 6116 16 nY4 A. nt .-;i� # 5 Ys y .�5 t ,• ;. i l ; ti` 3' S ri .s5 i z 3 .-% s"`". c vs-i ,; d x .. . F,:, , i . x :: ,io rc€3 c, .v'. t .. 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A . 1 . , SEBASTIAN WATER EXPANSION PHASE III- B , RESOLUTION III, BEFORE THE BOARD AT ITS REGULAR MEETING ON MARCH 6 , 2001 . ) The Board of County Commissioners of Indian River County , Florida , met in Special Session at the Sebastian City Hall , 1225 Main Street, Sebastian , Florida, on Tuesday . March 20 , 2001 at 7 : 00 p . m . Present were Chairman Caroline D . Ginn ; Fran B . Adams . Kenneth R . Macht ; and John W . Tippin . Vice Chairman Ruth M . Stanbridge was in Tallahassee on County business . Also present were County Administrator James E . Chandler , County Attorney Paul G . Bangel ; and Deputy Clerk Patricia "PJ " Jones . Chairman Ginn called the meeting to order . ITEM . 9 . A . 1 . PUBLIC HEARING - RESOLUTION 2001 - 028 CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO PHASE III - B OF THE SEBASTIAN AREA (AN AREA EAST OF LACONIA STREET AND WEST OF SHAKESPEARE STREET BETWEEN CRYSTAL MIST AND LANFAIR AVENUES IN THE CITY OF SEB � T AN; PUG 72 MARCH 20 , 2001 _ 1 _ r y C S r u� �SG'�,u " aa � >. '' v r & sir n *, , �. us 3,� PROOF OF PUBLICATION FOR THIS PUBLIC HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of February 26 , 2001 : DATE : FEBRUARY 26, 2001 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM : DONALD R, HUBBS, P,E,E,1� !� DIRECTOR OF UTILITY 3E CES PREPARED JAMES D. CHAST AND STAFFED MANAGER OFA NT PROJECTS BY : DEPARTMENT OF UTILITY SERVICES SUBJECT: SEBASTIAN WATER EXPANSION PHASE III-B RESOLUTION III — PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO UW47- 17-DS BACKGROUND On February 13 , 2001 , the Indian River County Board of County Commissioners approved Resolutions 2001 -016 ( Resolution I ) and 2001 -017 (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 Resolution 2001 -016 was published in the PRESS JOURNAL on February 19, 2001 . ( See attached ace datitem and copy of Implementation-Attachment- 1 ) Construction of the Phase III-A project area is underway and should be completed by August 2001 . Design of the water distribution system has been completed by staff. We are now ready to proceed with Phase III-B . ANALYSIS On February 26. 2001 at 7:00 p.m., an informational meeting was held, in the North County Library, for the benefit of the property owners. Within the Phase III-B project area, which is located East of Laconia Street & West of Shakespeare Street, between Crystal Mist & Lanfair Avenue ' s, there are 527 lots and tracts, and approximately 230 homes . to benefit from this project. Typical platted lot sizes are . 25 acre , plus or minus . More effective management of project construction, inspections, cash flows, and interaction with property owners is being accomplished by having divided Phases II and III into smaller projects. This may enable more utility construction contractors to bid on these projects possibly making the bid process more competitive. The attached map displays the area to benefit from the assessment projects, as divided into parts A, B , C, D & E. for Phase III ( Attachment-3 ). The City of Sebastian is waiting for the completion of the water line installation in order to complete road & drainage improvements and comply with bonding requirements. B, I PUG 06 7 3 MARCH 20 , 2001 - 2 - 1 11 777 MOW em I ell Ile e le dk. , e , I elee ' .r "*� e eai �: . . Ile Ile le lle • • Project No, I Lots Parcel I .D . Locations Nos,/ ALL OF PHASE MS SOUTH OF CR 512 & Homes I SOUTHWESTnr Ren [trp rrorr_ r III - A UW - 97 - 16- DS 1857 i 769 384 i South of Caravan Terrace with Periwinkle Dnve jI along the South & West III B UR 97 17 DS 1 527 1 458 / 230 East of Laconia St.& West of S6akespear St-, Between Crvstal Mist & Lanfair Ave 's III -C UW- 97 - 18 - DS 1900 1 822 402 i Between Laconia & Barber St ' s , between Bayfront I Terrace and Rolline Hills (Lansdowne ) III- D UW- 97- 19- DS 698 1 639 / 232 East of Laconia St. , between Clearmont & Capon Strew . III - E U%V- 97- 20 -DS 1735 1 654 ; 276 West of Laconia St. between Granduer & Gladiola i Avenue ' s Total i 3 . 717 3 .359 1 . 524 South of CR 512 and SW of Barber Street A summary assessment roll for Phase III -B is attached (Attachment-4 ) . The full assessment roll is on file in the commission office . This project is to be paid through the assessment of property owners along the proposed water line route . Financing will be from the assessment fund 473 , account number 473 -000- 169 -489 . If needed, inter- fund borrowing will be available from the capacity fee fund 472 . The estimated project cost and amount to be assessed for Phase III- B is 5 1 . 335 . 742 . 80 ( rounded ) ( Attachment- 5 ) . The estimated cost per square foot is S0 . 2423 > 4 ( rounded ) . The actual assessed cost. as with any project will be determined based on actual competitive bid prices . RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners open the March 6, 2001 public hearing , and continue the public heanne to be held in the Sebastian City Council Chambers . located at 1225 Main St. Sebastian , Fl , on March 20, 2001 at 7 : 00 p.m . , and at said meeting approve the attached Resolution III , which affirms the preliminary assessment on the subject project . LIST OF ATTACHMENTS • 1 - February 6. 2001 BCC Implementation 4- Summary assessment roll 2 - `lap of Phase III-B 5 - Estimated Project cost 3 - Map of Project area Utilities Director Don Hubbs commented that this is a continuation of the public hearing which was opened at the regular Board meeting on March 6 , 2001 , regarding the Sebastian Water Expansion Project, Phase III - B . There have been a number of public meetings regarding this project but just to give a brief background , the Department believes that providing good drinking water is a good public policy . This is an attempt to right a wrong done by a developer who provided only inadequate infrastructure . The project is neither easy nor inexpensive but, as designed , each segment stands alone and the project can be stopped at any time if it is found not to be in the best public interest . MARCH 20 , 2001 � '� PG s� 4 - 3 - The Chairman announced that the public hearing was opened at the regular meeting of the Board of County Commissioners on March 6 , 2001 , and was continued until this time . She then asked if anyone wished to be heard regarding this matter . Clive Beckwith , 465 Lighthouse Avenue , asked about the disparity between the estimate of 14 ¢ per square foot bid for the last segment and the 24 ¢ per square foot estimate at this time . He understood that he is not being forced to hook up to the lines but questioned the benefit to property owners of such a project when Indian River County can afford to spend $ 50 , 000 , 000 on beachfront property owners and millions with the Dodgers . In response to a question by Commissioner Adams , Manager of Assessment Projects Dan Chastain stated that the preliminary estimate on Phase III - A was 19 ¢ per square foot , while the final cost came in at 16 ¢ per square foot . Director Hubbs also noted that inflation , energy prices , and increases in general are also factors to be considered . The bid on Phase I of the project was so low it adversely affected the contractor ' s business . Sebastian City Manager Terrence Moore , speaking as the City Manager, stated that the City had decided to incorporate a city- wide paving program to coincide with the water expansion . The City Council , in 1999 , began an education process for the community which included the City Engineer, the Public Works Department and the Building Department . The City is now carrying forward that education process with builders regarding the status of these projects . The Utilities Department has done a fine job in helping the community to understand the projects and a community newsletter has published numerous articles , including the options for connection to the new system . MARCH 20 , 2001 _ 4 _ i i F9h A County Administrator Jim Chandler explained that in the late 1980s . the County was responsible for water in North County . In the early 1990s . when the County began pursuing connections , it was approached by the City expressing a desire to take over all responsibilit-v for its own utilities . After negotiations , responsibility and authority for water and wastewater were turned over to the City , which then formed its own Utility Department . A few years later, the City again approached the County , asking the County to again assume responsibility for its utilities . Plans were then drawn up to provide overall water service on a phased basis to the City of Sebastian . That is just a very quick overview of the history of the project . Chairman Ginn then explained that the Utility Department is an enterprise fund , which means that it does not receive funds from any other department in the County , and must stand on its own . She continued that she chairs the Utilities Advisory Committee and they hope to again lower rates in the future . That committee has some engineers as members who are former rate makers . Nothing gets by these gentlemen . Referring to Mr . Beckwith ' s remarks about the beach renourishment project, she explained that there will never be any ad valorem tax bills for that project , as it is being funded through the State , - a small portion of the 10 sales tax, less than 15 % , and the tourist tax . One- third of the cost will be funded by people who do not even live in Indian River County . Mr . Beckwith stated that everyone had done a wonderful job answering almost all of his questions . He now asked how many bids were let for this project and how many responses there were . Environmental Engineer Mike Hotchkiss noted that these projects are not bid until after they are approved , but there were 5 or 6 responses to the bids on Phase III -A . Mr . Beckwith then questioned what the County would do if only one bid response were received , and Mr . Hotchkiss stated that the County would have the option to accept the response or rebid the project . 8 � G u 7 6 MARCH 20 , 2001 _ 5 _ ..,, WNW Chairman Ginn then asked if anyone else wished to be heard regarding this matter . There being none , she closed the public hearing . Chairman Ginn thanked the officials and citizens of the City for inviting the Board and staff and noted that she is happy to see the citizens participate in government . ON MOTION by Commissioner Macht , SECONDED by Commissioner Tippin , the Board , by a 4 - 0 vote ( Vice Chairman Stanbridge absent ) , unanimously adopted Resolution 2001 - 028 confirming the special assessments in connection with a water main extension to Phase III - B of the Sebastian Area ( an area east of Laconia Street and west of Shakespeare Street between Crystal Mist and Lanfair Avenues in the City of Sebastian ) ; providing for special assessment liens to be made of record . Public Hearing (Third Reso. ) RESOLUTION NO . 2001 -.LZE _ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA , CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO PHASE III -B OF THE SEBASTIAN AREA (AN AREA EAST OF LACONIA STREET AND WEST OF SHAKESPEARE STREET BETWEEN CRYSTAL MIST AND LANFAIR AVENUES IN THE CITY OF SEBASTIAN ) ; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD . WHEREAS , the Board of County Commissioners of Indian River County has , by Resolution No . 2001 -016 , determined to make special assessments against certain properties to be serviced by a water main extension to ' Phase III-B of the Sebastian Area (an area east of Laconia Street and west of Shakespeare Street between Crystal Mist and Lanfair Avenues in the City of Sebastian ) ; 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 Ver tea h ¢Pa ,ss ur a required by Section 206 . 04 , Indian River County Code ; and 3\ +x MARCH 20 , 2001 -trn RESOLUTION NO . 2001 - 028 WHEREAS , the Board of County Commissioners of Indian River County passed Resolution No . 2001 -017 , and 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 complaints as to said project and said special assessments , and for the Board to act as required by Section 206 . 07 , Indian River County Code ; and WHEREAS , notice of the time and place of the initial public hearing set for March 61 2001 , was published in the Press Journal Newspaper on Friday , February 16 , 2001 , and once again on Friday, February 23 , 2001 , and notice of the continuation of the public hearing set for March 20 , 2001 , was published in the Press Journal Newspaper on Friday , March 2 , 2001 , and once again on Friday, March 9 , 2001 (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 , March 6 , 2001 , at 9 : 05 a . m . opened and continued the public hearing to be held on Tuesday, March 20 , 2001 , at 7 : 00 p . m . in the Sebastian City Hall . The Board then 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 Macht and the motion was seconded by Commissioner Ti ppi n and , upon being put to a vote , the vote was as follows : Chairman Caroline D . Ginn Aye Vice Chairman Ruth Stanbridge Absent Commissioner Kenneth R . Macht Aye Commissioner John W. Tippin Aye Commissioner Fran B . Adams Aye PG 7 MARCH 20 , 2001 Nz RESOLUTION NO . 2001 - 028 The Chairman thereupon declared the resolution duly passed and adopted this 201" day of March , 2001 . BOARD OF COUNTY COMMISSIONERS Atter i K. Barton , Cler INDIAN RIVER COUNTY, FLORIDA B By: Deputy Clerk Lemo- L� Caroline D . Ginn Chairman Attachment: ASSESSMENT ROLL (to be recorded on Public Records ) "n an a`w `` " `"0v° ° Dela AOm ! n Legal BuageI Z Dcpl Rish Myr. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD There being no further business , on Motion duly made , seconded and carried , the Meeting adjourned at 7 : 21 p . m , ATTEST : J . arton , Clerk Caroline D . Ginn , ChaOrman Minutes Approved : od/ i 1 ' X79 MARCH 20 , 2001 _ g _