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HomeMy WebLinkAbout2/8/1984Wednesday, February 8, 1984 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at, the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, February 8, 19$4, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. - Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Director of General Services; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; Dean Longo, Bailiff; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and Commis- sioner Lyons led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA OMB Director Barton reported that Public Works Director Davis had requested an item be added regarding release of a portion of the performance bond put up by Walker Construc- tion -for work done at the Tracking Station Park. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added the above item to today's agenda as Item 12-B. Commissioner Lyons requested that a short report on the Jail situation be added to today's agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously FEB8 1984. FEB 8 1994 added the above item to today's agenda as Item 13 B 1. 56 PA F 3, APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of Janu- ary 18, 1984. Commissioner Lyons requested that on Page 81, last paragraph, the words "Mr. DeGrove's" be eliminated and replaced by "the." The above correction having been made, ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unani- mously approved the Minutes of the Regular Meeting of January 18, 1984, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of Janu- ary 25, 1984. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of January 25, 1984, as written. CONSENT AGENDA Commissioner Bird requested that Item 5A be removed .from the Consent Agenda. B. Budget Amendment - 4th St. and Railroad Crossing The Board reviewed staff memo, as follows: 2 TO: Board of County Commissioners DATE: January 31, 1984 FILE: SUBJECT: 4th Street Road and Railroad Crossing FROM: Jeffrey K. Barton, REFERENCES: Director OMB The funding required for the above project is from 80% of the 5th & 6th cent gas tax we have on hand in Fund 109. (This must be transferred to a Project Account - Fund 308) Account Title Account No. Increase Decrease Reserve for Contingency. 109-199-581-99.91 49,000 Transfers Out 109-199-581-99.21 49,000 Transfers In 308-000-381-20.00 49,000 Paving Materials 308-214-541-35.31 25,000 Pipe & Culvert 308-214-541-35.32 6,500 FEC Payments 308-214-541-34.36 17,500 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment funding the 4th Street road and railroad crossing as above. C. Budget Amendment - Community Development Block Grant Funds The Board reviewed the following memo: 3 BOOK FEB 8 1984 aux 567 PAGE` • 5► TO: Board of County Commissioners DATE: February 1, 1984 FILE: SUBJECT: Community Development Block Grant Funds FROM: Jeffrey K. Barton, REFERENCES: Director, OMB The following budget amendment will correctly allocate the above referenced funds, per the attached request from Mr. Regan. This is because the application for the C.D.B.G., in addition to another grant were done in-house. The balance of the funds should be allocated to Housing Authority to cover their expense. Account Title Transfer Out Other Contr. Services Transfer In Regular Salaries Social Security Retirement Insurance - Health Workmen's Comp. Account No. 108-199-581-99.21 108-225-569-33.49 107400-38120.00 107-226-553-11.12 107-226-554-12.11 107-226-554-12.12 107226-554-12.13 107-226-554-12.14 Increase Decrease 3,578 3,578 2,505 176 274 305 3.18 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously ap- proved the above Budget Amendment correctly al- locating Community Development Block Grant Funds. 3,378 D. Final Plat Approval - Wood Hollow Subdv., Phase I The Board reviewed staff memo and recommendation as follows: 4 s TO: The Honorable Members DATE: January 24, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keatin , AIVP Planning & Development Director FINAL PLAT APPROVAL OF WOOD HOLLOW SUBDIVISION, PHASE I FROM; Clare Z. Poupard �p REFERENCES: Wood aMisclow SID Staff Planner It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on February 8, 1984. DESCRIPTION AND CONDITIONS: Wood Hollow is a 32 lot subdivision located on a 20.7 acre site. The subdivision is located on the south side of Rebel Road (5th Street S.W.), west of 27th Avenue. Phase I is comprised of sixteen, ±.5 acre lots. The site is zoned R-1, Single Family Residential (6.2 dwelling units/acre allowable building density), and it has a LD -1, Low Density -Residential land use. -designation (3 dwelling units/acre allowable building density). The proposed building density is 1.5 dwelling units/acre. Wood Hollow Subdivision received preliminary plat approval on May 4, 1983. ALTERNATIVES AND ANALYSIS: The applicants have complied with all County regulations for the subdivision's first phase. The County Engineer has per- formed a final site inspection and approved the on-site im- provements. The developer has posted a performance bond to ensure --that the improvements will be maintained for a year. The County Attorney's office has reviewed the face of the plat for legal sufficiency. The Planning Department has reviewed the final plat for compliance with the approved preliminary plat. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant -final plat approval to Wood Hollow Subdivision, Phase I. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously granted Final Plat Approval of Wood Hollow Subdivision, as recommended by staff. E. Final Plat Approval - Waverly Place Subdv., Phase II The Board reviewed staff memo and recommendation as follows: 5 FEB 8 1984 56A'GE70 FEB 8 1994 Boa 56 PACS , To. ®ATE: FILE: _ The Honorable Members January 23, 1984 of the Board of County Commissioners DIVISION HEAD CONCURRENCE- 8UBJECT: Robert M. Kea in , AIgT Planning & Development Director FINAL PLAT APPROVAL FOR WAVERLY PLACE, PHASE II SUBDIVISION FROM: Clare Z. Poupard (�� REFERENCES: Way. Place Staff Planner v DIS:MISC1 It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on February 8, 1984. DESCRIPTION AND CONDITIONS: The land condominium Waverly Place received preliminary plat approval from the Planning and Zoning Commission on October 13, 1983. Waverly Place, Phase I received final plat approval from the Board of County Commissioners on December 7, 1983. The applicants are now requesting final plat approval for the second phase of development. The project is comprised of seven phases on approximately 27 acres. Within the boundaries of these phases there are 316 units on 316 lot$. Phase II consists of 32 units with 32 corresponding lots. The site is zoned R-2, Multi -family Residential (15 dwelling units/acre) and has an MD -2, Medium Density Residential (10 dwelling units/acre) land use designation. The project's actual density is 11.78 dwelling units/acre. This is higher than the density allowed by the Comprehensive Plan because the original site plan was- approved prior to the adoption of the Comprehensive Plan. ALTERNATIVES AND ANALYSIS: The construction drawings for all paving and drainage improve- ments have been reviewed and approved by the County Engineer. The construction drawings for all on-site utilities have been reviewed and approved by the Utilities Division's Environmental Engineer. The applicant has submitted an irrevocable letter of credit from a banking institution which guarantees that the cost of the construction of on-site improvements will be met. The applicant has also prepared a contract which, when signed, -will bind the development company to complete all improvements as shown on the approved construction drawings. All other requirements for final plat approval, as outlined in Subdivision Ordinance 83-24, have been met. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Phase II of the Waverly. Place land condominium subject to the condition that the applicant sign a contract with the County binding him to complete all on-site improvements in conformance with County regulations. 6 so ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously granted Final Plat Approval of Waverly Place Subdivision, Phase II, subject to applicant signing a contract binding him to complete all on-site improvements -in conformance with County regulations, as recommended by staff. (ORIGINAL CONTRACT. ON FILE IN THE. OFFICE OF THE CLERK) F. Town of Orchid Resolution Requesting to be Included in North County Fire District The following Resolution of the Town of Orchid re inclusion in the North County Fire District is hereby made a part of the Minutes. RESOLUTION NO. Y3 WHEREAS, the Town of Orchid is not presently included within the boundaries of any fire district in Indian River County, Florida, and WHEREAS, the Town Council of the Town of Orchid, after due consideration, does not believe that it would be practical, economically feasible or in the best interest of the citizens of the Town of Orchid for the Town of Orchid to attempt to establish a fire department or otherwise provide for fire protection for its citizens, and WHEREAS, the Board of County Commissioners of Indian River County, Florida, through appropriate action, has established an ordinance creating the North Indian River County Fire District and all special elections and referendums have been held and all other actions have been taken to bring the North Indian River County Fire District into legal existence, and WHEREAS, the Town Council of the Town of Orchid, after duo consideration has concluded that it would be in the best interest of the citizens of the Town of Orchid if the Town of 7 FEB 8 1984 aooK c�`16 PACE Orchid and all of the lands encompassed within its boundaries were included within and made a part of the North Indian River County Fire District, and WHEREAS, the Town Council is advised that a special referendum is required in order for the Town of Orchid to'be included within the territorial boundaries of the North Indian River County Fire District. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Orchid, that the Town Council does hereby indicate and express to the Board of County Commissioners of Indian River County, Florida, and the District Board of Fire Commissioners, that the Town Council of the -Town of Orchid believes that it is in the best interest of the citizens of the Town of Orchid for the Town of Orchid and all of the lands included within its boundaries to be included in and made a part of the North Indian River County Fire District. BE IT FURTHER RESOLVED that the Town Council of the Town of Orchid does hereby request the Board of County Commissioners of Indian River County, Florida, to conduct such special -referendum or election as may be required under the ordinance creating the North Indian River County Fire District and to take whatever other appropriate action as is required in connection with the request and -desire of the Town Council of the Town of Orchid for the Town of Orchid to be included within the territorial boundaries of the North Indian River County Fire District. ATTE.-T:. own'Clerk, Burke Michael .,DATE PASSED, Lp c- 15. 8 S TOWN OF ORCHID By Anne Denby Mich 1, Mayor I do hereby certify that the following is a true and correct legal description of the -lands which are included within the municipal territorial boundaries of the Town of Orchid, Lndian River County, Florida. Dated this 9th day of December, 1983. TOWN OF ORCHID By A-(2 Burke Michael, To n C1 erk TO1VN 01: ()IzClII D From the point of beginning at the southeast corner of Government Lot 5, Section 22, Township 31 South, Range 39 East, Indian River County, Florida, run easterly along the south boundary line Of "the northwest quarter of the southwest quarter of Section 23, said township and range, to the west boundary line of a county.road which lies on or adjacent to the east boundary line of said northwest quarter of southwest quarter of said Section 23; thence run north- erly along said -west boundary line of said county road to -the south boundary line of a county road which lies on or adjacent to the south boundary line of Government Lot 2, Section 23, Township 31 South, Range 39 East; thence run westerly along said south boundary line of said county road to the west boundary line of a county road which lies on or adjacent to the line dividing said Section 23 from said Section 22; thence run north- erly along said west boundary line of said county road to the south boundary line of a county road which lies on,or adjacent to the north boundary line of Government Lot 10, Section 15,. Township 31 South, Range 39 East; thence run westerly along said south boundary line of said county road and along the westward projection thereof to the shoreline of the Indian River; thence meander southerly along the shoreline of the"Indian River to the place where it intersects with the westward projection of the south boundary line of Government Lots 5 and 6, Section 22, Township 31 South, Range 39 East; and thence run easterly along said projection and said south boundary line of said Government Lots 5 and 6 to the point -of beginning. Extended and enlarged so as to include: From the point of beginning at the'Northeast corner of Government Lot 7, Section 22,. Township 31 South, Range 39 East, run East along the South boundary line of the Northwest quarter of the Southwest quarter of Section 23, Township 31 SouthRange 39 East to the West boundary line of a county road which lies on or adjacent to the East boundary line of the Northwest quarter of the Southwest quarter of said Section 23; thence run Southerly along the West boundary line of said county road to the point where it intersects with the North.boundary line of Government Lot 4, Section 26, Township 31 South, Range 39 East, or an Eastward projection thereof as the case may be; thence run South a distance of 11 chains; thence run West to a point on the blest boundary line of Section 26, Township 31 South, Range 39 East; thence run South along the West boundary line of Section 26, Township 31 South, Range 39 East to a point on the North boundary line of Government Lot 5, Section 26, 'Township 31 South, Range 39 East; thence run West to the East boundary line of the dredged channel'of the Intercoastal 11aterway; thence run Northwesterly along the East boundary line of the dredged channel of the Intercoastal 11aterway to the point where that boundary intersects .with the 14estward projection of the South boundary line of a county road which lies on or adjacent to the North boundary line of Government Lot 10, Section 15, Township 31 South, Range 39 East; thence run East along the Westward projectioli of the South boundary line of said county road to the shore line of the Indian River; thence meander Southerly along the shoreline of the Indian River to the place where it intersects with the Westward projection of the South boundary line of Government Lots S and 6, Section 22, Totiniship 31 South, [tangs 39 )fast; ,and thence run Uasterly along said projection and said South boundary line of said Government Lots 5 and 6 to the point of begirining. E FEBL_ 8 1984 B4flK 5.6 PACE FEB 8 S lot", asax 56 PAGE ` 8f _1 A. Budget Amendment - Animal Control The Board reviewed memos from OMB Director Barton and Community Services Director Thomas, as follows: TO: The Honorable Members of the DATE: January 23, 1984 FILE: Board of County Commissioners FROM: Jeffrey K. Barton, Director OMB SUBJECT: Animal Control REFERENCES: The following budget amendment is requested to cover the expenses for Animal Control Veterinarian Services (see attached memos) Account Title Account No. Increase Decrease Medical Services 001-250-562-33.12 4,000 Reserve for Contingency 001-199-513-99.91 4,000 Balance -in Reserve $337,716. TO: Michael Wright, DATE: January, 23, 1984 FILE: County Administrator THRU: Jeff Barton SUBJECT: Animal Control Budget ' Director OMB J' FROM: L- S. "Tommy" homas REFERENCES: Community Services Director As you recall, our budget for Veterinarian Services for Animal Control was cut at the budget hearing from $10,000.00 to $1,000.00. We have currently expended $1,640.00. Based on projected expense from October 1, 1983 to January 31, 1984, we are requesting that this budget line item be increased by another $4,000.00 for the balance of the year. We are currently overdrawn $640.00. 10 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to approve the above budget amendment for Animal Control veterinarian services as recommended by staff. Commissioner Wodtke wished to know if we are going to follow budgetary procedure or not, and OMB Director Barton pointed out that during budget sessions, the Board had said if Animal Control got into trouble to come back. He stated that Director Thomas has taken steps to try to control these bills,. but in the meantime, they do need some money. Administrator Wright assured the Board that Mr. Thomas is --watching this to -the penny, and this is what the expenses are running. ' Discussion ensued as to the circumstances in which we make use of veterinarian services, and Mr. Thomas explained that the Police or possibly the Animal Control Officer will pick up an injured animal and take it to the veterinarian. After the veterinarian has done his work, the animal then is taken - to the Humane Society. He informed the Board that license money and fines together are averaging about $300 a month while last year this amounted to a total of around $800 for the entire year. He believed we need a definite program to increase the money collected on licenses and noted that in St. Lucie County they even sent people around to knock on doors-. Commissioner Lyons asked if some arrangement couldn't be worked out where veterinarians could, issue a license at the same time they certify that the dog has been innocu- lated, and we could pay them some small fee, possibly $1.00. Mr. Thomas believed that something could be worked out along those lines. 11 FEB 8 1984 ° B(3UK 56+ PAGE FEB 8 1984 PAGE ST Considerable discussion followed as to how much money has been spent on animals that were eventually put to sleep and possible alternatives to try to control these costs. Commissioner Wodtke asked if the only animals taken to the vet are those picked up by our animal warden, and Mr. Thomas stated it is those picked up by the City Police and the Sheriff. This is funded out of.the General Fund. Commissioner Wodtke then asked if the requested increase is expected to cover this expense for the rest of the year and also whether these bills are our total responsibility. Director Barton was hopeful that the increase would be sufficient as it is based on the expenditures of the first four months, and Attorney Brandenburg confirmed that these bills are our responsibility. The Commissioners continued to express concern about these costs possibly running very high, and Administrator Wright believed the answer is a good relationship with the local vets, which he felt we have. Mr. Thomas noted that he has already sent a _ letter to all veterinarians requesting their cooperation in keeping these charges to a minimum, as follows: 12 r TO(t(d:une- (305) W-8000 BOARD OF COUNTY COMMISSIONERS IRAQ 25th .`Street, Vera Bearli, Florida .32960 January 5, 1984 Suncom T�iler.hnw, (30`;1 474 1912 TO: ALL INDIAN RIVER COUNTY ETF., ARIANS FRO;-!: L . S. "Tommy" Thomas J f Director, Division of Comm1 nity Services UVJI.CT: Veterinarian*Charges to Indian River County As you-:now,.the Division of Community_ Services was assigned the Animal Control Departmen-t on October 1, 1983, We are now making every effort to implement and enforce Indian River Col-inty Is Inimal Control Ordinance No. 83-22, which went into effect June 27, 1983. .•:e appreciate the excellent cooperation which we are receiving from all the veterinarians in the county - we also know that we cannot do a satisfactory job without this cooperation. .,ocause of this we are asking you to help us keep all veterinarian charges to a minimum. 4.e have a very limited budget for fiscal year: 1983-1984 (October 1, 1983 to September 30, 1964). I have rIi^cussed this matter with the director of the Humane Society, Mrs. Joan Carlson, and she feels that only emergency services to sustain fife and treat contagions should be rendered to animals that will be transferred to the humane Society. The county is not in a position to pay for extensive X -ray -c-, blood tests, vitamins, and other items which may be deferred until the owner of the animal can be located. Another area where we may be able to economize is in the matter r,f boarding, whenever you feel that an animal may be released to the Humane Society, if you will call Animal Control at 567-8000, Ext. 467, one of our men will transport the animal according to your instructions. We greatly appreciate your continue coo_oeration in these matters. FEB 8 1984 Chairman Scurlock brought up the possibility of contracting with one local veterinarian to supply these services during the year, and Commissioner Lyons felt this could give rise to some problems as it is necessary that someone be on duty 24 hours a day. He believed there 13 B40K 56 PAGES4 I FEB 9 1994 BBflK �6 PACE already is a lot of charity involved with rendering this service. Chairman Scurlock emphasized that the problem will not become any smaller as the county's population continues to grow. OMB Director Barton pointed out that we had no track record because prior to this time, the Sheriff was paying these costs. Actually we are just starting up, and an expense of $10,000 was estimated, which was reduced to $1,000 at budgettime with the proviso that if any problem developed it would come back to the Board. Chairman Scurlock continued to discuss possible alternatives to collect more revenue from licenses, i.e., having vets refuse to treat a pet unless it is licensed. In continuing discussion as to who pays these bills, Director Barton explained that the charge for adopting an animal does not include the veterinarian bill. The only event where this bill is tacked on is where the animal belongs to the person picking it up. He felt if this charge were to be added to the adoption procedure, most people would not adopt that animal. Commissioner Lyons suggested that the Board ask the Administrator to come back with a suggestion as to how to improve these procedures, but in the meantime we put the money in the budget. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to approve the budget amendment for Animal Control. It was voted on and carried unanimously. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously 14 directed the Administrator to come back to the Board with a proposal in regard to find- ing a better method of controlling the Animal Control veterinarian expenses. PROCLAMATION - NATIONAL SURVEYORS WEEK The Chairman read the following Proclamation aloud designating the week beginning on March 11, 1984, as ,."National Surveyors Week" and presented it to David Jones of the Public Works Department: c 15 FE 198A BOOK ` �cE'OID Bwx= 5& PAGE. 8.7 Vi -OC CA ----M A T 10 N National Surveyors Week 1984 WHEREAS, the people of the County of Indian River recognize the valuable contributions of the surveying profession to history, development and quality of life in the County of Indian River and the United States of America; and WHEREAS, the surveying profession requires special education, training, experience and knowledge of the principles of mathematics, related physical and applied sciences, and requirements of law for adequate evidence; 'and WHEREAS, since the early days of our Nation when many of our forefathers, including our first and third Presidents, were surveyors, the profession of surveying has continued to be uniquely qualified to determine and describe land- and water boundaries for the management of our natural resources and the protection of private property rights; and WHEREAS, President Reagan has signed into law a resolution of the Congress of the United States authorizing the proclamation of the week beginning on MARCH 11, 1984 as "NATIONAL SURVEYORS WEEK" NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER' COUNTY, FLORIDA hereby designates the week of MARCH 11-17, 1984 as "NATIONAL SURVEYORS WEEK" and call upon all our citizens to observe such week with appropriate ceremonies and activities paying tribute to professional surveyors and their contribution to the people of Indian River County. ATTEST: Al Freda Wright, ger BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C-Ale4t� Do C. Scurlock, J . Chairman _ ,,hAA",R 16 _I r RESIGNATION FROM LIBRARY ADVISORY COMMITTEE r The Board reviewed letter of resignation received from Thomas Nason, as follows: Mr. Patrick B. Lyons Vice Chairman Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960. Dear Pat: It is with deep regret that I must inform you of my intention to resign from the Indian River County Library Committee. The press of additional duties from the City have severely limited the amount of time I can offer to this very needed committee. Since accepting the position on the Library Committee, I have been assigned the responsibility of three (3) additional departments, and am currently working on special utility studies, an annexation study and other smaller special projects assigned by the City Manager and City Council. I think the idea of a full study by the Library Committee to plan the location and timing of needed branches of the library throughout the County for the next 10 to 20 years is most noteworthy. I would certainly like to participate, but time does not permit. I sincerely appreciated the opportunity of serving on the Library Committee in its initial years, and will certainly lend my support to the organization whenever possible. I am most grateful for the confidence you placed in me, along with the confidence.of Commissioner -Bird. - Your consideration regarding my resignation from this committee is most appreciated. Very truly yours, T. R. Nason,/ Director ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board._ unanimously accepted the resignation of Thomas Nason from the Indian River County Library Committee with regret and authorized the Chairman to write him a letter of appreciation for his past services. 17 FE6 8 1984 BOCK 56 FA'a 88 FEB 8 1994 a FACE RESIGNATION FROM MOBILE HOME ADVISORY BOARD The Board reviewed letter of resignation received from Jayne Malchow, as follows: 1455 90th Av., Lot A-6 Vero Beach, Fl 32960 February 2, 1984 Indian River County Commission Administration Bldg. Vero Beach, F1 32960 _ Board of Commissioners, As the result of the unpopular position I took in representing the interests and rights of a 75 year old citizen of the U.S. at the Indian River County Board of Zoning Adjustment & Appeals hearing held January 9, 1984 in the Commission Conference room, the residents from Lakewood Village, who harassed and intimidated me at this hearing, have continued to do so at my home to the extent that I can not continue to live under these conditions. It is therefore my intent to sell, rent, or like Ms McCaliff, be forced to move my home to another area. Under these circustances I will no longer qualify to serve as a member of the Mobile Home Advisory Board and regretfully notify you of my resignation effective immediately. Very truly yours, Jayne A. Malchow ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously accepted the resignation of Jayne Malchow from the Mobile Home Advisory Board with regret and authorized the Chairman to write her a letter of appreciation for her services. RESIGNATION FROM ECONOMIC OPPORTUNITIES COUNCIL The Board reviewed letter of resignation received from Leonard Craven, as follows: 18 XN,' 945 Tulip .ane Nero peach, Florio _ anuary 23, 1984 °r. : atri.ck Lyons Indian liver County Commission 1I4G 2,th Street Vero peach, Florida 32960 Dear Pat: Please accept -my resig=nation from the Economic '-portunities Council of Indian aver County. In the year that I have been a member, I hava attended four r.?ont':ly neetinv-!:3, t have been absent for two meetings because I was traveling abroad at the time. During the remainder of the year some meetings were cancelled while ot'ners could not conduct business because of the lack of a .quorum. ::y pri:rary reason for rasigning isthat^t my wife and I will be traveling extensively this year, having Purchased the ;astern Airlines passport ,.vhich uarmits almost unlimited flights within the United States. Secon:?ly, I do not wis-1, ;o cont;.nue on the Council because of the haphazard :!ay ''gat' it- conducts business. I feel that i care better Use my time for other more 3.ti3fyin pursuits. A .2 ..-til wt ;� vitt'" ✓L =eonard S. f aver ON MOTION.by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the resignation of Leonard Craven from the Economic Opportunities Council with regret and authorized the Chairman to write him a letter of appreciation for his past services. Discussion ensued as to difficulty of finding people willing to serve on the EOC and willing to continue to serve. It was noted that the make up of the EOC requires a certain composition, and it was felt the general attitude of BWK fw 91 AMENDING ORDINANCE RE SITE PLAN APPROVAL TIME LIMITATIONS AND TRANSFER The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO REACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a L�7L _ r in the matter of , �zz in the %�lz/Court, was pub- lished in said newspaper in the issues of -0ati 4A �-�.C✓ ���� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. n Sworn to and subscribed befgAe me tWs 0!!7)/n— day of •A.D. 19 (SEAL) G . (Busir (Clerk of the Circuit Court, , Florida) NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF COUNTY ORDINANCE The Board of County Commissioners of Indian River County Florida, will conduct a public hear- ing at which parties in interest and citizens shall have -an opportunity to be heard, on February 8, 1984, at 9:15 A.M. In the County Commission Chambers at the County Administration Building, 1840 25th Street, Vero Beach, Florida, to, con- sider the adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER [COUNTY, FLORIDA, AMENDING ORDINANCE NO. 71-3, AS AMENDED, APPENDIX "A" OF THE CODE OF LAWS OF INDIAN RIVER COUN- TY, KNOWN AS THE ZONING CODE, SECTION 23 (h) REGARDING SITE PLAN APPROVAL TIME LIMITATIONS AND TRANSFER: PROVID- ING FOR THE EXPIRATION OF SITE PLANS AFTER TWELVE MONTHS; EXTENSIONS OF TIME; TERMINATION OF APPROVALS FOR PROJECTS WHICH HAVE BEEN ABANDONED OR SUSPENDED; TRANSFER OF SITE PLAN APPROVAL UPON DISCLOSURE; REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN CODE; SEVERABILITY; EFFECTIVE DATE. j it any person decides to appeal any decision made on the above matters, he/she will need a record of the proceedings, and for such pur- poses, he/she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony in evidence on which the appeal is based. Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr. Chairman Jan. 20. Feb. 1, 1984. Planning Director Keating reviewed the following staff memo and recommendation, noting that the proposed amendment does represent a substantial change from the current Code: 20 TC): The. Honorable Members DATE: January 30, 1984 FILE: of the Board of County Commissioners PROPOSED AMENDMENT OF SECTION 23(h) OF THE SUBJECT: ZONING CODE FROM; Robert M. Keating, AICP61� EIVCES: Amend. Sec.23 (h) Planning & Development D 1 DIS:RMK It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 1984. DESCRIPTION AND CONDITIONS: Several months ago, the Board of County Commissioners directed the staff to review Section 23(h) of the Zoning Code and recommend needed changes. Relating to time limits of approved site plans, Section 23(h) failed to address --several issues associated with the status of approved plans. - Specifically, Section 23(h) did not adequately define commencement of con- struction, did not provide for the suspension or abandonment of construction, and did not adequately establish a procedure for addressing site plan transfers. After review of the existing ordinance and consideration of the objectives to be attained, the staff recommended a major revision of Section 23(h). This proposed ordinance revision was presented to the Planning and Zoning Commission on November 10, 1983. At that time, however, there was some question as to the proposed requirements for site plan transfers, so the Commission directed the staff to reconsider that provision _and revise it, if necessary. After further analysis, the staff revised the proposed amendment to Section 23(h) and submitted it to the Planning.and Zoning Commission for review and action. On January 12, 1984, the Commission unanimously approved the proposed ordinance to amend Section 23(h) and recommended adoption of this ordinance to the County Commission. ALTERNATIVES AND ANALYSIS: As recommended, the proposed amendment would define the com- mencement of construction, limit extensions of approved site plans to one twelve (12) month period, define the abandonment -or suspension of construction, and provide for the termination of site plan approval where construction has been abandoned for more than six months. The amendment would also provide for the transfer of site plan approval upon notification given to the staff as to the new owner and the owner's agent. Because of concerns expressed at the Planning and Zoning Commission meeting, the staff has recommended one additional change to the amended version of Section 23(h). This change would exempt large phased developments from the six month suspension or abandonment provision applicable to site plans. Basically, this change allows more than six months of inactivi- ty %to occur between phases of a large development, if the project were approved in that manner. RECOMMENDATION: The staff recommends that the Board of County Commissioners approve the proposed ordinance amending Section 23(h) of the' Zoning Code. 21 FEB 8 1984 56 PAGE 92 r FEB 8 194 BOOK . 56 .PACE - 93 Commissioner Bird assumed that on the transfer of site plan, the new owner will enter into some type of a written agreement with the county, agreeing to construct the project in accordance with the approved site plan, and Attorney Brandenburg confirmed that his office is going to prepare a standard form whereby a transferee developer will assume all commitments, responsibilities and obligations of the prior developer, as set out in Paragraph (2) (A) on Page 2 of the proposed ordinance. Commissioner Bird inquired about any time limit on how long a site plan is valid on a large project once construc- tion does begin, and Mr. Keating stated that as long there is not an abandonment or suspension of construction for a continuous period of six months or more, it could go on indefinitely. Commissioner Lyons expressed concern that the permit could be kept alive by making very minor improvements. Attorney Brandenburg pointed out that the ordinance calls for construction at a level to demonstrate good faith on the project.. Since this obviously is a judgment call, the ordinance is set up so that determination re abandonment of a project and termination of site plan approval would be considered at a public hearing. Discussion ensued re large projects which are done in phases, and Attorney Brandenburg explained that there is a provision which exempts projects where "the inactivity is attributable to the deliberate and scheduled phasing of a multi -phase project which has been approved as such by the County." He noted that at the time of site plan approval, the developer would indicate this is going to be a phased project and possibly provide some guidelines re their expected progress. As to current site plans where develop- ers may not have indicated the projects were to be phased, Planning Director' Keating i formed the Board that anyone 22 r having an approved site plan who has not previously indicated phasing could now come in and do so, and staff would simply make a note of it. Commissioner Wodtke asked about correlating the expiration dates of site plans and building permits, and Mr. Keating reported that .when a zoning permit is issued, the date of the site plan expiration is considered, and if it appears that it would expire before the building permit, that date is put on there as a new date for expiration of the zoning permit. Hopefully this will be even more facilitated when the Zoning permit and Building permit process is further combined. Commissioner Lyons asked about putting all this into the computer memory, and Mr. Keating reported that they are in the process of. doing so now and will program in with the information from the Property Appraiser's office. Commissioner Lyons then questioned the word "toll" in Paragraph (c) on Page 2, and Attorney Brandenburg explained that is a legal term which indicates that the time that would normally accrue towards a time limitation has been stopped. Commissioner Lyons questioned whether the lay person would understand this language, but Attorney Brandenburg pointed out that the wording says "not toll or modify," and he felt that covered it. The Chairman asked if anyone present wished to be heard. Nancy Offutt informed the Board that she was delegated to appear representing the Construction .Industry Management Council and the Board of Realtors, and both entities applaud the changes from the original ordinance. They feel the concessions are reasonable and urge the Board to approve the Ordinance as amended. 23 � FEB 8 1984 r FEB 8 1984 am 56. u6i 95'. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the public hea ing. Commissioner Lyons wished to know if any consideration of financial responsibility was involved in the original approval of the site plan, and Attorney Brandenburg stated that the County does not look at financing as part of site plan approval. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that ordi- nance 84-2 be adopted amending ordinance -- 71-3 re site plan approval time limita- tions and transfer. Commissioner Wodtke wished to know if requiring that the site plan go with the land when there is a transfer of ownership does not get involved with contractual zoning, and Attorney Brandenburg felt it. does not when you look at it from the perspective that if a site plan meets all the County ordinances and is a good project, it should be allowed to be built no matter who owns it. He believed this is something our Code should have recognized long since. THE CHAIRMAN CALLED FC It was voted on and ce R THE QUESTION. rried unanimously. 24 _I INDIAN RIVER COUNTY ORDINANCE NO. 84- 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING ORDINANCE NO.71-3, AS AMENDED, APPENDIX "A" OF THE CODE OF LAWS OF INDIAN RIVER COUNTY, KNOWN AS THE ZONING CODE, SECTION 23 (h) REGARDING SITE PLAN APPROVAL TIME LIMITATIONS AND TRANSFER; PROVIDING FOR THE EXPIRATION OF SITE PLANS AFTER TWELVE MONTHS; EXTENSIONS OF TIME; TERMINATION OF APPROVALS FOR PROJECTS WHICH HAVE BEEN ABANDONED OR SUSPENDED; TRANSFER OF SITE PLAN APPROVAL UPON DISCLOSURE; REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN CODE; SEVERABILITY; EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 Paragraph (h) of Section 23 of Appendix "A" of the Code of Laws and Ordinances of Indian River County, Florida, known as the Zoning Code, is hereby amended to read as follows: (h) Validity of Site Plan Approval (1)1 Time Limits (A) All site plan approvals shall terminate and become null and void automatically without notice if construction has not commenced within twelve (12) months from the date of approval unless extended for good cause by the Board of County Commissioners for a period not to exceed twelve (12) months.- All requests for extensions must be in writing on a form supplied by the County and received by the County prior to expiration of the site plan. For the purposes of this paragraph, construction will have commenced when the developer has built a portion of a struc- ture shown on the plan (e.g. the pouring of footers), or has made substantial improvements to the site, other than land clearing, filling or grading, in accordance with the approved site plan, evidencing a good faith effort to diligently pursue construction to completion. (B) In cases where construction has commenced according to paragraph l of this section, the site plan approval shall terminate and become null and void after notice and hearing by the Board of County Commissioners if construction is then abandoned or suspended. For the purposes of this paragraph, construction shall be.considered abandoned or suspended if at the e 25 FEB 8 1984 B60K PAGE r FEB 8 806K 56 wa 9W hearing it is shown that an active building permit has not been maintained for the construction of a structure in accordance with the approved plan or it is shown oto the satisfaction of the Board of County Commissioners that construction at a level indicating a good faith effort to proceed with has not occurred for a continuous the inactivity is attributable to phasing of a multi -phase project the completion of the project period of six (6) months, unless the deliberate and scheduled vhich has been approved as such by the County. This subsection s�all not operate to invalidate any site plan prior to the end of1the initial twelve (12) month period or any authorized extension thereof. (2) Transfer of Site P (A) A site plan 1 al shall run with the land and shall transfer to a successor in interest to the original applicant upon written disclosure of such transfer to the Planning and Development Division as to the identity of the successor. The disclosure shall provide the full1legal name of the person or business entity acquiring the in of the interest, the address of t in the property, the nature principal place of business of the successor, telephone number, name and address of registered agent if corporation, name, addre s and title of officers or agents authorized to transact bus ness with the County, together with proof of authorization if of dent or general partner, and the than president or vice presi- and address of any new design professional for the project. A transferee developer must also assume in writing on a form 4cceptable to the County Attorney all commitments, responsibilities and obligations of the prior developer, including all special conditions of site plan s approval. (B) Failure to male the required disclosure and' assumption shall suspend all sitelplan and zoning approvals until such time as proper disclosure and assumption is made. (C) Transfer of site plan approval shall not toll or modify the calculation of time limits set forth in paragraph 1 of this section with respect to c mmencement or abandonment of construction and following any tr nsfer, such time limits shall be - � 26 _I M calculated as if the transfer had not occurred. (D) This provision does not relate to any transfer of space, units, buildings, or property, to a transferee which intends to occupy the property only after issuance of a Certificate of Occupancy, unless the transferee is the successor developer, nor to the creation or transfer of anon -possessory lien or encumbrance. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature:applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the MA FEB 8 19814" 6 nu 18 F' FEB 8 194 it Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 8th February , 1984. 56 NNE . day of • BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY _ By � DON C. SC OCR, JR Chairman PUBLIC HEARING - WIDENING AND IMPROVEMENTS ON AlA The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the Following Notice with Proof of Publication attached, to -wit: 28 VERO BEACH PRESS -JOURNAL Published Dally Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the underslpnec authority personally appeared J. J. Schumann. Jr. who on oath says that Weis Business Manager of the Vero Beach Press-Jouma, a daily newspaper published at Vero BeachinIndian River County. Florida: that the attached copy of advertisement, being a_ m the mailer ole -� m tae (.1 - _ loourrl. was dub In ISSUes C' L1 A Til (Ir) a�V t the said Vero Beach Press -Journal Is a newspaper published at Veto Bea t(J ilR14er County. r -or ca. and trial the Sao newsoa Der has neretolore been Conlmuvusi, Dub:lShea n Salo Indian River Courtly. Florida. each oaliv and has been enletP3 as second class mail matter at Ine cost office m Vero Beach, in said In on Rover Coun. (y, F)nr,da. tar a period of one vear next preceding the !list pphllCdtlOn Ot Ina attached cOCy of advertisement: anC all -ant t,nher says !net he has nelth�r paid nor promisec ariv person, firm Or COrcOfation any discount, reCat- Commission Or refund for the purpose OI securing in15 allveTtiSement for DutibcahOn in the saQ newspaaper. Sworn t0 and subsC^bed oeto a me TITS �V C/1 day of A D 15 ,r�usmess Manager Klerk o` tnE GuCu+: Gcur tllan River County. Fonda) tSEAL' Z Each rMo.ntla «M wdmM Narbaa Iql»rid Cklb Vain, a corwnmuum Deiiq a pan of Gor. artrMwn Lot 9. Sec9orl 19. TovrnaMp 32 South, Rage 40 ABs/. 21I «ATA, ane roc« Of MOR Bank 603. Poe 2117 Pubirt llewds a mtlran iii atlacFair Et A� p an" as 3. Lb 52. Pebble Bay EMM OMng:.== a6 0l Govamnam LOT t AIA, wall y AIA, aro mp goon 39 19_" of CM• Wren erg Ln 10, Seoton 19. Wast a AIA. An oabn M Torraap 32 South. Rana 40 East. ane ' South 17° ST Is- Eon Akre said nght df -way kat.,,, . a 3400 teal to the Pool a began. . r,u,g. Thence t I'- alae Bao rglirtW-way bre Boum 17' 55' i6' Feat a dmlarce a 346.02 . fear TI- run Spam 89° 59'43*' 9' 43" west abtn e . am 344 19 fen Norm a Ark! peragn o the Spun line or atereeaar G.0murn nt L« 9, wd qty iso bu.9 North Bne Nns a Pebble Bay EMM.sut, drwwOn. as lar Pin Bonk 9 Paget 17 ell I IA, Pak. -.do a Moran Riyer Counts, FAeoa. e mtoaTttf,e n3 uN«1geni i333 473fan: en Want 89, n No w hart; Thence run North Sr08, gain A dM- x/ 315.50 teat Want right-iway, of State Rose AIA aro ma pont of wgirMMp. - Lsp fns-foUO brig tlaBcrRMd e!!Ip a Wid Iyin. pMatlel win aro 110:9 a A o the Wen N9tn a ry of Wit W.. Road AtA r« an eHdkOntl 20 i baainle.a-way. Karl me above de9c41ted Pard of 'n " , run South 17° 66• l6• East Bong ea4j woof rnntof-way a diol. of 34902 est: Thence run Scum 89°59' 43" Want pimp a I-3111 rpt NOM a aro Praia to met Scum BM of Bao anal riMl Lot 9. add ifs eIso' Berlq ms Norm klc a Pebble Bal allay, Subdhd z p Pr plot Boas s,nage It.am 17A. Public Roc«0s a Imran Rice County. Fob. rlda. a d ...2070 tBoc Ther,w ran Noll 17. 55' 16" wap amt paaiel o the wd Wan Ngm-of- ay «Saw Roes A1A a dat- of 31800 taco 20 69 fkrun Norm a8° 67' 08' East a distance a 20 89 f.el to IM near! at taiVioMg Bis a�UVt to 55 bn anthee PropaM ha k above nw«M.a 1« Mgraw, eglesa aid veh¢ular bn- : n i no to adtacem ell aaloMnn property. /« kca•' > . - Bon a udbtaa. lamlgn9pingand dralrao9 I 3ub(s« o an eawmanl degcnDad N O.R. Book 465. ptg9 657, a me Pudic Record. a In- . _ . man fcw CoMiM. VERA CRUZ CONDONfNiuM Legal DescNplion Matter 1 I Beg�nnvn n gre iaton"O'" «Pw eadh nae " a ms nam of , a Goyanmenl La 9. Sec. Son it,. T-ddp 32 scum. Perge a East. and i the West right-ot-way Gro a Stab Road AlA mil S11, Ss aelar -lonTo a n8.0 feiike iNi' da a0' S3 a E. & duyla a of 31 leaf menta run o 0' 0r 53' 6 • ma do t n 3871 71 marcs run S. 74° 48 46' W e W ancA-« 24.71 feet meet. tun N 2p' 49' 28' 3' 9 distanta of a,ty 0 !pet mares run a 6B' 1 t e W. A drebnca a 860 ban o Tho Than o gar mean Riva: tl R n N 15' Tiny, ew:l AdtM .of 17 3"1"RunN 15° 13 n4 W ' daanta t f 7331939 lVit. run N. 23° 32 46" 31 a disbnc. a 133 W 18 9. meow run N. at- 30 23" ' a dWanw Of 79.91 feet. feel 1. run ti 2° 32" SS" E. a Orodenw a 80 . fan k ell tarryard Boum Ins OI tM n«m the hen a Gouts nment La 9. wM Briery S barn tIre .It I. bre Indian Rrva SheaRu Co h - aa p i Pit Book 4. Pegg 73: Innen 8" E, Court. M, Fonda meow ren N 89" 87' if o E along Bab .Lot ply a" term we 1911 a he Mly- rMM Lot 9 a mnante 1142 .49 len o me west 1 rnhbnf. way Ine a adw Roatl AIA, entl the point of beguuxng Contko ing 3 422 sorsa PLEASE iAKF. FURTHER NOTICE that at tiro wme publk heenng the Board a n nraCounty Co- sLon. anan also hear all InarVitatl Persons .0 1" proposed pn narney a<eewmsol qtr for the Impnovamenta de!tnba0 in Ine .bore feaolutaa, . rhe wohnianmy asSeianheln 'aI 9 currently on Ila ram me Public Waka Omsron ..it re olwn I« nrsPeceon wtwean dw hOUH a a 30 A M .,i 2. M. Mp"'iy mrougb Friday IT a Pa'sai dmd n to appeal arty decZar, made by me c- wan ne"Pact to any alba --tared el ria. noaMg, he wll ossa a ra:ord 91 me ProC9edmg9, and that. ha ouch paPoaaa ea may ra ad o onion v mat a aoaem woad a trre aocaethnga n made. wha:h record known. the tan -V anal exon- upon wool Bre.Pv nOanO. Inman aver ht Counts Adauniatrar« Ja123 24. IpA4 29 EBS -1984 _ . M h y. ST- IN/SLIO NOTICE AIN ROAD A,A BAPROVEMEMt tW=.LAta1tE58nENT PLEASE TAKE NOTICE that the Board a Colony y COlwmuahgrs of Indian R,var Courcy. area how • DOWe healrrp el 9:00 Aa. on WednmOay. Fe«aafy 9. 1984. M me Camna- aon Chambers k MM &11840 231h So aK Va. Desch. Florida, to oaraalr adop0en of m3 tol- Iowtrp prof sled re axon" . by the I- a -boom Rrya Blrpyea to Mable onax, W.Owbw DelWmn9 bpm CM wowing end Pmng armravamanri laOaood or Stara tecoraad ,n Plat BpoF, 8. Page 17. of the M. ""of tr,enan Rena CouMY. FI«da' and Pan a Lots 9 a 10 y/at9 vrest of stall Road AlA further aeenroed ane mat pan of Peelle Say Eatate6 At, rec«p6a M RAi Book 9 Page 18 youn ed net ntluoad more panlCWarM aeaeened in OR Book 082 Page 230: Book 3]e Page 40& e all Book 391 Palle 71 ]. i 4 Elton retida,nn unit wdhui Vera Chu Con. d-,-. ideated «t Pert n Gora anthe lot 9. t Sector 19. Townalup 32 South Ranpe 40 East ane rocadad M OR Book 451. Page 825. a me Pubirc Renese of Maum Riva County. Foroa. more. Pe.PCUteri,aesn'bad On alI ExmW B 8. Soumem Shores SubdMsron Radler a2. Lots 4, S. 6. 7 8 8, as retooled in Plat Book 2. Page 68 m Pte Public Records of Indian Rwa County, t portal 6 That porton a the fbllovmp da9«aee land rya,g m the South 'h a Govammanl La 9 and 13 Govannwnt Lot 10. Swoon 19 Townsnp 32 South Range 40 East ar begMnaq ai eoumwest- F, any was Or Ppbple Beath TMvnolxnanl 2 inadual to plat feed in Rat Book 7 Page 83A Patz. Rewda of ordain Rwa County end run- �Pebtae �. aon9 South eouadary a2eea Beach Development 2. mance run Spun 0° OB' 38" EVIL 20 feet aIo^9 wd South boundary: thece n y run North 89° 53' 24 Ent 344.28 feet m Soutb- Van tonna of Petwia Beach Develoomenl 2: C V- South G° 22' 34"' Wes) 320 feet aon9 West bounnay of East lose Amen of sats Gor- f eminent Lot 1. Secbon 20 Townenlp 32 South Ran98 40 East. tnenoe South 8W 53' 24' west 654.33 foot More « Iees o E.'" r,ghtofray R. 1 -of State ROW AIA, thenw North 1. • 54'12 Wed 357.06 ton ""or bas to pant of tiega.- Souin 227 87 lean or that Pan a Govemmen, "'Ira La 1 lynp Aasi VIA h9nriay. dna soon 221 a7 feet o1 at 17atYei Goremmant La 21yMg , East a AIA Highway As roweled in OR Book 459 Page 894 NIAN tHFRETORE. BE 11 RF::th:7F0 BY THE IaDARO OF COUNTY COMMIS'JKN I R3 OF INDIAN RIVER COUNTY, FLORIDA. as I.rgow.. 1 The botgang nopaale not eBnrn d AIM raA- tied an then =121 2 A ages P+oviding f«,v, I"" aro pawn , haw-rurent9 to State Roap AIA wlweai Tit% RoeO ano Fred K Teak Dane. hereof«e day, noted ane P.M. Works Prgect No 8332. b 221;nad ' noel", Mwhy-w eubiM }O me tonna about, ell all appkcable rapuirernents of adt- 1anc981-27. The foregone r96oiutkM wad pneretl by Com- miWpna -_ Who moved 0. odor ' bon. The motion was seconded by ConaMs- - 4e a end, upon baby put to A vob. trap.w. was ane tauws- Cha.man Don C. Saubck Jr. . Vice -Charman Pebick 8 Ly«a ' C-Mazgarel C Bauman CoMmrsaxona RrcMd N. Bad C_Wrninnd W«11ae Jr. The Channon thereupon dewed m9 reaoo- V.,duty Pastia Aro adopted Due day of ---- 1984 Boas a coanM Comm�wro aro of Indian River County. F7«iae - Br dal C. $oabck Jr. Chau an ABasl. Fretla Wr�M,ORM APPROVAL AUTO FORM AND LEGAL SUFFICIENCY By Cods noire J.PaoO Aamelan County A1t«My _ HARBOUR ISLAND CLUB VILLAS Cnmm,lncing n The rine jetain of the South ko of the Norm am -tail a Government Lot 9. Seaton 19, Townenrp 32 South. flange 49 FAVI. wed One slap Mmg me south kine a Inman A - Shores Subilmi utnt. se gar Plat Book 4. Page 13. Publn Recede of hufaa Riva County, and the Won_rfpht-.i-way fnre a State Road AA. run Road ALA horn Tides Roon to Fred R. Tusk Vol an best the IMT gin best way o apportion Me cost of me Mr• i =Mm xovemeab b by=11 in, a wcud .."annot ouchEREAS. e81-27 WHEREAS, me total brunt wi tee wet of IM pro• rated mol fthe julb Mur wgfan the . win o• �I stag walkofme .road ro $25lhat tr all _ wHin" b Bre ad do tbl. trreaenm..d coat nay be most eaonaba apportioned eg1) $ gar tiering urns lora as fonoas: IMM folly 00 lar Urn f« each wd.mmlum ahoy dWeliing, Or inner residentlol uml 1,M ore ilea ape.any benefited. 21 r« o0orgot d in Brig sdO pa albwaDla trot a cotnaubd M acc«daxe Wim aronng laid to derretM aaopbd M the CO rpotMnsive Land IJn plat. vAmM gar area aj act i ny benng- Ad. all 3)1""- Riva Counts snag -pay $5.]84 t0 1« gin i,ou.: Pan Rcperty wdhin me SPpMey ba,E area: ofd WHEREAS. 80 ee.^,848menhi ai.ati uh.wrw dug alk) payabb at gar Onrce a PMT.,, collector a Ifdan Riva County mrot, (901 dBW alter the final daleh> .0 a mo coaxal -rah" i punt apt to Ondinsnw 81.27 and WHEREAS, any opsoal aeeeawnwi not Ped v4thin wM artery (90) day Oanod etas boar in - tae" beyond the due date at a rate we In toyd - bbme m aPw�W .1 the ani asseevla'nI Bile annd .ball be pay." M b"'(2) equal MsV:lmenb, me Ms1 To be merle twei.e (*2 months hon me due data rid the sea.,"' to W na,1. t.enryto. (24) month! ham tM due dale, dna WHEREAS. all« axonant w a the nature and Annintated uwg9 a the proposed unity - menb, me man a County Ca brawales nae g owhorao gat the lo6gwng dwenwid proper - 63a Men reCewe a na-I a"' %-..I emaer ham grew im«ovanerlb, o ,rd. L Seth raLdel" and w«nn Herbn« Want] Club. • TAn,AMs_ wWow on 1abwMg it. Knbedpercale pomMerMing at Mlae9tt- of South brio a kofih 'b of GovanmenI Lot 9 Sac. tion 19. TownyMp 32 South. Range 10 Eael .4 line neo bmn South tare a Indian Wya Shores SubdiwNon all Weal right pt -way of FR At hn South 17' 55 16" Eaal,= oath right..[- way lin. 340 lea to neant a begaaeng. matte continue a1G�g wi0 ngd 01-wey [me South I7" 55' 16' East 346.02 No. narrate South 89' Sg' 43' weal abn a Drina 08 Ft, lea 43".'1' OM a and puallr w seam role a e+«ewid doyanarem La E cad fine aloe wing Nam ne a 44 122 Say to Cl a Subgmwon, a dalence of 844 122 Bel o CNelaO "%" an earolup waweo oap. meas meander shore a adlail Rira lonowing aounao. North 24° 5C 36'. Earn 4270 teal, North 2° OE 36 East 11945 lea, Nag, 7. 21' M' East 10026 feel, mance pave shorty of ib- than Riva and run North 74. 48 46' Ear 124 71 red, trwnoe Norm 0" or 5r' went 3611 tea, maaxs Noll 89" Sr 08- Eon 382 loan to Weal dgMN-w.y ft" a SR AIA a"' pall of begM- rd^g. FEB 8 194 BooK 56, PACE 10'& The Chairman asked that the following letter from the Pebble Bay Property Owners Association be made a part of the record: Chairman Don C. S curlodk, Jr. Vice -Chairman Patrick B. Lyons Commissioner ;:,largaret C. Bowman Commissioner Richard N. Bird Commissioner '"t' .11iam C. `,dodtke,Jr. Re: WIDENING IIM.PROVEN;F.NTS TO A - 1 - A February 7, 1954 ORDINANCE NO. 81 - 27 (INDI..N RIVER COUNTY) WHICH THE PUBLIC MOF KS DIRECTOR REFERS TO DOES NOT SPECIFY Ird- PROVEl{'IENTS TO FLORIDA STATE HIGH6''JA`fS. THIS ORDINANCE IS CLEARLY INTENDED TO INCLUDE STREETS AND RODS ON WHICH SUCH SERVICES .AND IMTROVEivENTS A.RE PERFOR,ED OR CONSTRUCTED ACCORDING TO COUMTY STANDARDS, SECONDLY, NOT ONE OF 'THE 52 LOTS IN THE PEBBLE BAY ESTATES SUBDIVISION FRO14T ON STATE HIGHVJ ,Y .A -1-A. EACH OF THE 52 LOTS FRONT ON COUNTY CM\T`D A1D 'A4.1I,ITAINED STREETS. MiiANY OF THESE LOTS ARE SITUATED ATLEAST 1500 FEET FROM STATE HIGHWAY A- l -A. THIRDLY, ANY SO-CALLED BENEFITS TO WID_NING A STATE HIGH- WAY SHOULD BE LEVIED AGAINST THOSE PY OPERTIES THAT BENEFIT FROM FRONTING ON SAID THOROUGHFARE AND/OR BE IiIAPOSED ON ALL VEHICLES ( PLEASURE C OIC [MRC IAL) U G S ID HIGHW-'kY. L. Roland Abe le, President Pebble ray Property Owners Association,Inc. cc: Vero Beach Press Journal 30 M Public Works Director Davis reviewed his memo, as follows, noting that the total cost to the County if Alternative 4 is approved should be corrected to read $5784.10. TO: The Honorable Members of DATE: FILE: the Board of County Commissioners January 1, 1984 THROUGH: Michael Wright, ' County Administrator ' SUBJECT: A -1-A Pavement Widening and Method of Payment by County or by Special Assessment FRGA4v-4 James W. Davis, P.E., EFERENCES: Public Works Director DESCRIPTION AND CONDITIONS The FDOT is beginning construction widening of A -1-A at Indian River Shores on January 4, 1984. The project is to improve traffic safety, primarily for residents. at the project location, by widening the road to provide left turn storage lanes at the entrances to private and public accesses. Indian River Shores adopted Resolution No. 233 Feb. -10, 1983 using an assessment with a $100 maximum assessment per unit, -based on lineal front footage and gross area of construction in square feet. This can be -further broken down into residential units directly served by the improvement. The Town of Indian River Shores requested that the County assume that share of the assessment cost attributed to County enclaves' frontage along A -1-A inasmuch as the property owners along this frontage benefit from the improvement in the same manner as those within the town. The Transportation Planning Committee March 8, 198.3 unanimously recommended "that the Board participate with the Town of Indian River Shores in widening A -1-A in the unincorporated portion of that roadway". ALTERNATIVES AND ANALYSIS There are five parcels lying outside the incorporated town as follows: Indian River Indian River Shores Shores Parcels # of Lineal Square Ft. Gross Net Units- Frontage Construction Assessment Assessment Abutting x $1.75 per Unit Frontage 1. Vera Cruz 2. Harbor Isl.Club 3. Pebble Bay Est. 4. County Park 5. Miles Austin Forman 56 340' 2040 $3,570.00 $ 63.75 40 346' 2171 $3,799.25 $ 94.98 52 638.19' 4370.64 $7,648.62 $ 147.09 None 362.5' 2175 $3806.25 $3,806.25 48 624.76' 3748.56 Potential 31 $6559.98 $ 136.67 FEE8 198 x 6 P�'1� FEB 8 1984 BOOK 56: PAs -1011 Alternatives It is requested that the Board approve the widening of A -1-A in the unincorporated areas and funding alternatives are as follows: 1) County fund 100% cost $25,384.10 unincorporated area and enclave. 2) Create special assessment to each property owner not to exceed $100 per unit as adopted by Indian River Shores-Resolution#233. 3) Assess each of the five parcels on front foot basis. 4) Assess each existing unit and undeveloped land (based on potential Land Use Plan Units) at a cost of $100 per unit. RECOMMENDATION It is requested that Alternative No. 4 be approved, and authorize County Attorney and Public Works Staff to schedule and prepare a Public Hearing on the Special Assessment Program as soon as possible. Note- If Alternative No. 4 is approved, the County cost of the project is projected at: County Park Property absorbed cost per unit above $100 max.cap. Total Cost to County $3806.25 1900.00 $5706.25 Chairman Scurlock believed we are following the same procedure the Town of Indian River Shores used, but Public Works Director Davis explained that although the Town has the $100 maximum cap, it has a multi -facet assessment program which is actually computed on the square footage abutting construction. The County, however, takes the position that all the units along the project will benefit equally from the third lane which will act as a safety lane for all owners to get them out of the flow of traffic, and this is why staff is recommending the $100/unit assessment. It was generally agreed this is more of a safety improvement than a capacity improvement. The Chairman asked if anyone present wished to be heard. Dorothy Aberle, 4576 Pebble Bay South, questioned the legality of assessing owners to improve a state freeway and wished to know whether owners in the area would be assessed if, for instance, SR 60 were to be improved. She felt this assessment would set a precedent. 32 _I Mr. Davis explained that the County does have the prerogative to join in with the DOT on these projects, and this assessment was a voluntary action recommended by the Transportation Planning Committee along with the Town of Indian River Shores and the City of Vero Beach. Mr. Davis pointed out that the DOT is spending a great deal on this project; it did not include this turning lane, however, and the Town and the City both felt it was an ideal time to accomplish this improvement. He hoped that this will not set a precedent for SR 60, but believed as the County continues to grow, we may want to participate in State Road projects to assure the maximum benefit from those projects. He noted that the DOT already has seen a dramatic increase in --local governments participating with them to provide a larger scope of work and better projects, and-, in - fact, later today we will be addressing funding part of the State Road project at the intersection of 17th Street and U.S.l. Discussion ensued as to the fact that we hope at some time in the future to have an impact fee ordinance in place to deal with such situations, and it was pointed out that for _quite some time it has been our policy at the time of site plan approval to require developments to pay for improvements such as holding lanes, turning lanes, traffic lights, etc., Chairman Scurlock emphasized that the Transportation Planning Committee saw a real advantage in making this improvement while the DOT is here as it would be a great cost saving, and Mr. Davis explained that we are being asked to fund only the widening of the base and the asphalt that goes on the widening. The DOT will pave the existing road plus 4' shoulders. Roland Aberle, President of Pebble Bay Property Owners Association, and writer of the letter earlier made a part of the record, read his letter aloud and stated that he did not 33 on 0, •�rI 80-K 56 PAIGE.104 _I BODX 56 flACE J0 feel Pebble Bay is an enclave according to the definition in the dictionary. He noted that they border many other jurisdictions not just one. Mr. Davis apologized for using the term "enclave;" he felt some of the parcels are and some aren't. Attorney Brandenburg noted that whether or not some- thing is an enclave has nothing to do with whether it is a valid assessment. The ordinance states the County has the authority to make these assessments, and it does not specify that they can't be state streets. It is true that the lots being assessed do not front on AlA; however, assessments can be done on more than one basis, and the key is that it is a special benefit. If it is done on a per lot basis, then each lot must receive a special benefit, and the formula used in dividing up the improvements must bear a rational or reasonable relationship to the benefit received. There is no mileage or footage limit as to the area that can be assessed; there just has to be the benefit. Attorney Brandenburg explained that one of the reasons this is being proposed to be done in this manner is that it is valid that to have a turning lane in the middle of the road will benefit all the people who are ingressing and egressing, and therefore, obviously the people residing there and driving their cars through this lane will all get the same benefit. Mr. Aberle agreed it will be beneficial, but believed their taxes should take care of providing the proper highway facilities that the people deserve. Ralph Richards of Pebble Bay South. felt the Commission might. be establishing a dangerous precedent both for the county and the homeowners by going the assessment route, and he also felt the improvement should be part of their tax base. Chairman Scurlock pointed out that if their subdivision were coming before the Commission today for site plan 34 approval, the Board would be requiring certain improvements before granting approval of the project, and this actually is more or less a remedial situation. Colonel Jacobs, resident of Pebble Bay for 12 years, did not feel residents of Pebble Bay should be paying to repair SR AlA since the damage to the road was not caused by traffic from Pebble Bay but by the cement trucks and other type trucks continually going by. He did agree that three lanes would be a nice safety factor, but felt that simply reducing the speed limit from 45 mph to 35 mph would solve the problem. Colonel Jacobs stated that he made this request ten years ago but no action was ever taken. Administrator Wright pointed out that the assessment is not for the resurfacing; it is for the turning lane only. Also the speed limit on a main highway is under the jurisdiction of the DOT. Mr. Aberle emphasized that the residents did not petition for this improvement, and he believed the ordinance calls for it. Attorney Brandenburg stated that it is not required, and _Chairman Scurlock explained that this is a County initiated project which was recommended by the Transporta- tion Planning .Committee . ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously closed the public hearing. Commissioner Lyons stated that he really believed that what we are trying to do is a real improvement for the people who live there, and it is hard for him to understand that it isn't worth $100 to them to have the turning lane. Mr. Aberle and other residents emphasized that it isn't the money they are objecting to. 35 :..... .... BOi1K �6 PAG��B�ddJ BOOK 56-, PACE1 7 > Commissioner Lyons continued that, on the other hand, he does feel this assessment could set a dangerous precedent. He expressed the hope that we could get a petition from the residents requesting this improvement, so we could avoid setting a precedent, but stated that he would vote against this because it is a state road. - Administrator Wright noted the- only other alternatives would be either to abandon the project or pay for it with County funds. Commissioner Wodtke commented that he did not have any problem with setting a precedent as he believed the opportunity we have and the ultimate benefit justify the project, and he intends to vote for it. _ Chairman Scurlock stated that he also will vote for the assessment as it was recommended by the Transportation Planning Committee and he feels strongly that it is a positive. 'The only element he questioned is whether some portion should be paid for by the general citizens of the county who just travel through the area. Administrator Wright noted that the County is picking up about 8% for this, or about $2,000. Commissioner Bird informed those present that he also planned to vote in support of the improvement. He felt the Committee was wise in recommending it to improve safety and the flow of traffic and felt he can live with setting a precedent as he believed it will benefit all those living in this area equally. Commissioner Bowman agreed that the job must be done now so we don't .miss this opportunity, and stated that she was not concerned about setting a precedent. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, Commissioner Lyons voting in opposition, the Board by a 4 to 1 36 � s e � � r vote adopted Resolution 84-9 approving the widening of AlA; adopting Alternative #4 to assess at a cost of $100 per unit; and approving the final assessment roll, all as recommended by staff. 37 FEB 8 1984 100K 5 -P f . $ FF B 8 1984 56 _FACE 1@9 RESOLUTION NO. 84- 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A SPECIAL ASSESSMENT PROGRAM TO FINANCE CERTAIN WIDENING AND PAVING IMPROVEMENTS TO STATE ROAD A -1-A; BETK= TIDES ROAD AND FRED.R. TUERK DRIVE; PROVIDING FOR A 'DOTAL ESTIMATED COST, METHOD OF PAi14ENTS OF ASSESSMENTS: NUMBER OF ANNUAL INSTALL- MM'TS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the Board of County Commissioners of Indian River County has been approached by the Town of Indian River Shores to assess those properties benefiting from the widening and paving improve- ments proposed for State Road A -1 -A frcan Tides Road to Fred R. Tuerk Drive; and WHEREAS, the Board of County Commissioners has received the request and has determined that the improvements are necessary and in the best interest of the area and has determined that the improvement will specially benefit abutting properties lying within -certain unincorp- orated areas within the limits of the project area; and WHEREAS, the Commission has determined that the best way to apportion the cost of the improvements is by imposing a special assessment under Ordinance 81-27. WHEREAS, the total estimated cost of the proposed im- provements lying within the unincorporated area of the project is $25,384.10; and WHEREAS, the Board finds that the estimated cost may be most reasonable apportioned against the benefit properties as follows: 1) $100.00 per Unit for each condominium unit, single family dwelling, or other residential unit within the area specially benefited. 2) for undeveloped land, $100.00 per allowable unit as com- puted in accordance with existing land use density adopted by the Comprehensive Land Use Plan, within the area specially benefited; and 3) Indian River County shall pay $5,784.10 for the County Park Property within the specially benefited area; and WHEREAS, all assessments shall become due and payable at the Office of the Tax Collector of Indian River' County ninety (9 0) days after -the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of approval of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and 38 M WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: 1. Each residential unit within Harbour Island Club, a condo- minium situated on following described parcels commencing at intersection of South line of North h of Government Lot 9 Section 19, Township 32 South, Range 40 East said line also being South line of Indian River Shores Subdivision and West right -of -line of SR A -1-A, run South 170 55' 16" East along said right-of-way line 340 feet to point of beginning, thence continue along said right-of-way line South 17 °55' 16 " East 346.02 feet, thence.South 89° 59' 43" West along a line 38.19 feet North of and parallel to South line of aforesaid Govern- ment Lot 9, said line also being North line of Pebble Bay Estates Subdivision, a distance of 644.122 feet to chisled "X" on existing seawall cap, thence meander shore of Indian River following courses, North 24 ° 58' 36", East 42.70 feet, North 20 08' 36" East 119.46 feet, North 7 ° 21' 44" East 100.26 feet, thence leave shore of Indian River and run North 740 46' 46" East 124..71 feet, thence North 00 029. 52" West 38.71 feet, thence North 89057' 08" East 382 feet to West right-of-way line of SR A -1 -A and point of beginning. 2. Each residential unit within Harbour Island Club Villas, a condominium being a part of Government Lot 9, Section 19, Township 32 South, Range 40 East, West of A -1-A, and recorded in OR Book 603, Page 2117, Public Records of Indian River County, Florida; more particularly described on attached Exhibit A. - 3. Lots 1 through 52,, Pebble Bay Estates being a subdivision of all of Government Lot 1, A -1-A, West of A -1-A, and the south 38.19' of Government Lot 10, Section 19, West of A -1-A. All being in Township 32 South, Range 40 East, as recorded in Plat Book 8, Page 17, of the Public Records of Indian River County, Florida; and part of lots 9 & 10 lying west of State Road A -1 -A further described as that part of Pebble Bay Estates as recorded in Plat Book 8 Page 18 marked not included more particularly described in OR Book 382 Page 230; Book 376 Page 446; and Book 391 Page 717. FEB 8 19,84 39 , ,;BOOK 56 PAC410 FEB 8 1984 BQOK �6 PSE �� 4. Each residential unit within Vera Cruz Condominium, located on part of Government Lot 9, Section 19, Township 32 South, Range 40 East as recorded in OR Book 451, Page 825, of the Public Records of Indian River County, Florida more particularly described on attached Exhibit B. 5. Southern Shores Subdivision Replat #2, Lots 4,5,6,7 & 8, as recorded in Plat Book 2 Page 66 in the Public. Records of Indian River County, Florida. 6. That portion of the following described land lying in the South 2 of Government Lot 9 and Government Lot 10, Section 19 Township 32 South Range 40 East at beginning at southwesterly corner of Pebble Beach Development 2 according to plat filed in Plat Book 7 Page 83A Public Records of Indian River County and running thence north 890 53' 24" East, 421.88 feet along South Boundary of said Pebble Beach Development 2; thence run South 0°06" 36" East, 20 feet along said South boundary; thence. run North 89°53' 24" East 344.28 feet to Southeast corner of Pebble Beach Development 2; thence South 0°2234" West 320 feet along West boundary of East 10.69 Acres of said Government Lot 1, Section 20 Township 32 South Range 40 East; thence South 890 53' 24" west 654.33 feet more or less to Easterly right-of-way line of State Road A -1-A; thence North 170 54' 12" West 357.06 feet more or less to point of beginning; and South 227.87 feet of that part of Government Lot 1 lying East of A -1 -A highway, and South 227.87 feet of that part of Government. Lot 2 lying East of A -1 -A Highway as recorded in OR Book 459 Page 896. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The forgoing recitals are affirmed and ratified in their entirety. 2. A project providing for widening and paving improvements to State Road A -1 -A between Tides Road and Fred R. Tuerk Drive, heretofore designated as Public Works Project No.8332, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. 40 The foregoing resolution was offered by Cannissioner Bird Who moved its adoption. The motion was seconded by Commis- sioner Wodtke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Nay. Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. - Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passes and adopted this 8th day of February , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By �� C DON C. SCURLO"Ll JR. Chairman Attests, U Fl2IDpi� vC;F1�T,�C i APPROVED AS TO FORM AND LEGAL SUFFICIENCY By CHRISTOPHER J. PAULL Assistant County Attorney PUBLIC HEARING - VISTA PLANTATION FRANCHISE APPLICATION The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 41 EBOK 56 PAGE F_ VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER- STATE OF FLORIDA Before the undersigned authority personally appeared J, J Schmmann,'Jr who on Oath Says that he Is Bu,Ness Manager of the Vero Beach Press-Jnumal, a daily uewspaner puul.shed at Varo Beach in Indian River County. Florida: that the attached cop) of advertisement. Imn+g in the matter od�'�L�., _ in the _____ ._ ._ __ _. - - CC`ouurrtt nae, pab fished in said newspaper in the issues of .''1 / ._011 - 6tlflK NOTICE OF PUBLIC HEARING The Indian River Board of County Commissioners will hold a Public hearing on February 8, 1984. 9:45 o.m.. In the Commission Chambers to col at 1840 251h Street, Vero Beach. Florida. to consider granting a u11L fly franchise to VISTA PROPERTIES OF VERO BEACH, INC., to Provide water and wastewater services for VISTA PLANTATION. o mulls-ldmtiy residential and three ocre commercial development located south of Walker Avenue, east of Village Green, north of State Road 60. and west of State Road 505 tree map below). A rote schedule for this franchise will be set at a later date during a Public hearing field for that Purpose. X F' f I f /'fQANG HI se <IReir� ' 1 1 Affiant further says that the said Vero Beach Press -journal is a newspaper pubhshad at41 Veru Beach, m said Indian River County. Florida. and that the said newspaper has heretofore �k-+-9tyrre�P_ been continuously Dubhshetl in said Indian River County. Florida each daily and has h(•rr.`•""�—'�'""� a,der ed as second class mad matter at the post office in Vero Baach, to sal.) Indian River Cout IV F,, r0a. for a period at one year next preceding the first puhlicahen. d::•^.^mn attached copy of advertisement: and affiant further says that he has neither paid nor Promised any person, him I :I or corporation any discount rebate eommrssion or iefund for the purpose al se6ui uq this advaitisemenl for publication in the said newspaper - S+wrn to and subscnb'd bet a me s � day of •r r A.D. 19 6 ... -.! f I IBf/smManaye't Alk Interesled Persons are Invited to this meeting. 11 any Person de - D (+' , • I tides to appeal any decision made by the Board of County Commissioners C� s _, . •..._.,i __ with respect to any matter considered at this meeting, he/she will need a (Clerk of the Circuit Court, Indian A,y/er County. Florida) record of the proceedings, and that for such Purpose he/she moy need to (SEALI ensure that a verbatim record of the Proceedings Is made, which record Includes the testimony and evidence upon which record Includes the testl- many and evidence upon which the appeal Is to be heard. Dan C. Scurlock Jr., Chairman Board of County Commissioners Indian River County Feb. 1. 1984. Utility Services Director Pinto reviewed staff memo, as follows: TO: The Honorable Members of the DATE: January 30, 1984 FILE:. Board of County Commissioners THROUGH: Terrance. G. Pinto Utility Services Director SUBJECT: FRANCHISE APPLICATION - VISTA PLANTATION FROM: Y 1) Resolution Jo ce S. Hamilton REFERENCES:A) Location Map/ Franchise Administrator ULegal Description Utility Services B) Certificate of Insurance DESCRIPTION AND CONDITIONS: Vista Properties of Vero Beach, Inc., has made an application for a utility franchise to provide water and wastewater services to Vista Plantation, a five hundred sixty four (564) unit, multi- family residential development plus three (3) acres of commerical property. Vista Plantation will be located north of State Road 60, east of Village Green, south of Walker Avenue, and west of State Road 505 (Exhibit "A" page 1 of 2). The legal description is attached to the resolution (Exhibit "A" page 2 of 2). 42 -I � � r There is a possibility of the County furnishing water to this development upon the extension of water mains out State Road 60. The resolution contains language addressing same. A rate schedule for this franchise will be determined at a later date during a public hearing held for that purpose. Vista Properties has met all requirements set out in Indian River - County's Franchise Application including public liability and property damage insurance (Exhibit "B"). RECOMMENDATION: Staff recommends approval of this resolution (Exhibit "1") to allow Vista Properties to build water and wastewater treatment facilities in order to provide service to Vista Plantation. Staff acknowledges County will furnish water to Vista Plantation provided the water main extension is timely with the building of this project. Mr. Pinto explained the modifications in this franchise which vary from our standard franchise. 1)- A provision which states that as soon as County water is available, the sewer part of the franchise will become null and void; 2) Changes in the purchase agreement section which allow the County to purchase the sewer part of the franchise at any time with a formula for depreciation of the original construction cost and for purchase of the .property the facility sits on at the original purchase price and not at an appraised value in the future; and; 3) A provision that if the County should ever decide they are not interested in buying the facility, the impact fees collected and escrowed would revert to a Renewal and Replacement (R&R) Fund. The Chairman asked if anyone present wished to be ,heard. Attorney Gordon Johnston came before the Board representing Vista Properties and stated that they basically have no problem with the franchise. He continued that while they have no problem with the impact fees being turned over 43 :• BOOK6 f�CE pr - FEB 8 198 to the County when it takes over the system, he does not understand the provision whereby the escrowed impact fees shall become part of the R&R Fund in the event the County does not exercise its option to purchase the facility. Attorney Johnston explained that his point is that there is no time limit specified in regard to the County exercising its option to purchase so they really do not know when this is supposed to take effect, and he did not see the reason for co -mingling the impact funds with the R&R funds. Director Pinto did not regard this as a co -mingling of unrelated funds since impact fees and R&R funds end up being used very much the same. When the County does make a decision to buy the system, he did not see that_ the impact fees should vest to the utility as a profit because the County still would be faced sooner or later with replacing the system; the impact fees would cover that expense, and the R&R fund would be the place for that money. He felt this actually would be to the utility's' advantage becauge this provision allows the transfer of. the impact fees into an account where the utility can use the funds for R&R or expansion. If they wished to lock these funds up in another escrow account forever where they could not be touched, they could do so, but he would not recommend it. Attorney Johnston stated that the point he is making is that the R&R account is going to be charging 2h% interest of the gross charges per month with an initial contribution of $2,000 with the interest continuing to be added to this fund until it reaches $1.0,000. Thereafter that 2h% will continue to accumulate in the R&R fund. He believed the main reason for this fund was to alleviate the County having to dip into their coffers to make any repairs, but even if the system is in good repair, the County still apparently gets these fees, and he felt this is more or less a double dipping because the County already would be getting the M - 1 J 44 impact fees and construction fees. Attorney Johnston felt that any funds remaining in R&R should be refunded to the utility, less any repairs needed to get the system up to snuff; otherwise, the system is being charged twice. Director Pinto disagreed. He pointed out that our own county system is set up where we charge impact fees, and in addition, we have a 5% R&R fund as required by the FmHA. Chairman Scurlock asked if this requirement is consist- ent with our other franchises, and Attorney Brandenburg replied that this paragraph is new. In the continuing discussion, Director Pinto commented that some of our older franchises stated that in seven year's time, if -the County did not elect to exercise their option to purchase, the impact fees would vest to the utility, and he noted at that point we are going to be.faced with how we handle the windfall of revenue this utility has just received, which might even involve reducing their rate structure so that again the customer would be the one who would benefit. Attorney Johnston stressed that he is not talking about getting back the impact fees or construction fees; he is talking about the R&R fees. Director Pinto continued to emphasize that if the County takes the system over, they are faced with the exact same problem the franchisee would have with renewal and replacement, and we maintain a renewal and replacement fund other than impact fees of 5%, not just 2z%. This is our normal operation. Attorney Johnston asked when the 2k% per month.stops or whether it just keeps building and building? Mr. Pinto stated that it doesn't stop because renewal and replacement doesn't stop. He again emphasized that the utility can draw on that fund whenever necessary. 45 600K 56 FA6E :116 J Discussion continued at length as to the fact that no limit is placed on how much can accumulate in the R&R account, and Attorney Johnston pointed out that if few repairs are needed to keep the system up, there is the possibility that there could be several hundred thousand dollars in this account when the County takes over the system. It was noted that the utility can come back to the County and ask that the percentage be changed. Commissioner Bird made the point that there is always the possibility the utility might need to draw everything out of this fund, and Chairman Scurlock agreed that is why we have the provision for increasing or decreasing this fund. Commissioner Bird further noted that the 2h% is actually coming from the customers and he believed if this builds up to a windfall amount, they will object. Director Pinto stated. that 2h% is actually the percentage required to maintain a system properly. The Chairman determined that no one further wished to be heard. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to adopt Resolution 84-10, Vista Plantation Water and Wastewater System Franchise. Attorney Brandenburg asked Director Pinto if he felt there should be some time frame set in regard to the impact fees being turned over to R&R. Director Pinto stated that his thinking is that at some point the County will be making a decision as to whether it will or will not buy that system and because of the studies we are going through, he did not know when that will take place. 46 -I Attorney Brandenburg noted that if the County has a continuing option, he did not think the County is ever going to come back -and say we will never buy that system; therefore, the money would never be transferred over to the R&R account, and it would just sit there. Director. Pinto stated that he did not have any problem with a time limit on the ability to transfer, but he did on the option to purchase. Attorney Brandenburg suggested a provision be added as follows: In the event County does not exercise its option before seven years, the escrowed fees shall become part of the R&R fund. - COMMISSIONERS LYONS AND BOWMAN AGREED TO MAKE THE ABOVE PROVISION PART OF THEIR MOTION. THE CHAIRMAN CALLED FOR THE QUESTION, to adopt Resolution 84-10 including the above added pro- vision. It was voted on and carried unanimously. 47 � K � PACE 5 a RESOLUTION NO. 94-10 box - 5 J ,('ACE 119 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida; SECTION I This Resolution shall be ]mown and may be cited as the "VISTA PLANTATION WATER AMID TAWTEiaATER SYSTEM! FRANCHISE". .qF1(*PT(W TT T)PVTNTTT(1NG For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. Mien not inconsistent with the context, words using the present tense include the future, words in the plural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River county Utility Services Department, a political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator or County Utilities Director". (c) "Utility" is the Grantee of rights under this franchise, to wit: VISTA PROPERTIES OF VERO BEACH, INC. (d) "Board" is the Board of County Commissioners. (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mans, services, valves, meters, plant; wells, pipes, tanks, hydrants, pumps, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the collection, obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by residential, business or industry, operation of sewage disposal plants and, without limiting the generality of the foregoing, 1 �W" shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements, licenses and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (h) "Wastewater System" shall mean and include any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of wastewater effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (i) "Service" means supplying to a user the distribution of water and/or wastewater and the treatment thereof. (j) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or wastewater system in order to utilize the Utility's services. SECTION III GRANTING OF FRANCHISE 1. There is hereby granted by the County to the Utility the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water and/or wastewater system as herein defined within the described territory as herein provided and for these purposes to sell and distribute treated water and/or wastewater within the territory, and, for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefore in, along, under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and all other lawful purposes and subject always to the paramount right of the public in and to such public places for a period of ninety-nine (99) years. 2. The Utility shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide, provided however, such regulations shall not be inconsistent with the terms hereof. O. r � • V. POCK PAGE Q FEB 8 1994 8�t7K 56 PACE 3. The Utility shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and trouble reports, if any. 4. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations and increase fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not the duty, to inspect all construction or installation work performed. 5. Franchisee understands that the County is now considering the extension of the County water system to this franchise area. Should the County extend the county system, this shall be considered a temporary water franchise and upon the demand of the County, franchisee shall discontinue its water operation and immediately connect to the County system and shall pay to the County all the sums due under the County's standard schedule of rates and fees. TERRITORY/FRANCHISE AREA The territory in which this franchise shall be applicable is all that part of -Indian River County, Florida, located within the following described boundary lines, to wit: See Exhibit "A" attached hereto and incorporated herein. SECTION V HOLD HARMLESS CLAUSE It is expressly understood and agreed by and between the Utility and the County that the Utility shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Utility in the construction, operation or maintenance of the water and/or wastewater system under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Utility may be prosecuted directly by such person against the Utility. The County shall notify the Utility promptly after presentation of any claim or demand. SECTION VI CERTIFICATION OF COMPLIANCE 1. The Utility shall maintain and operate its water/wastewater plant and system, and, render efficient service in accordance with the rules 3 and regulations as are or may be set forth by the Board from time to time, which shall include but not be limited to "Construction Specification for Water Treatment/Distribution and Sewage Treatment/Collection Facilities" promulgated by Indian River County Utilities Department, July 1980, or as amended. The County shall require the Utility to comply with the above standards. Prior to the issuance of a construction permit, the Utility's project engineers shall certify to the County that the design standards as set forth in said "Construction Specifications" of Indian River Utilities Department, July, 1980, or as amended, will be net by completion of the project as shown on the plans submitted. The Utility shall cause said certification to be submitted to the County along with the Florida Department -of Environmental Regulation applications and plans, for County review. Submission to the county for review may occur simultaneously with submission of said documents to the Florida Department of Environmental Regulation. Upon approval by the county of the plant and system, a permit shall be issued to the Utility for the construction thereof. 2. Prior to the issuance of a construction permit, certification from the Indian River County Fire Department must be obtained certifying fire flow requirements have been net. _ 3. Upon the completion of all construction of the water and wastewater treatment plants and distribution and collection systems, the project engineer for the Utility shall certify, under seal, that the system has been constructed substantially in accordance with the plans and specifications previously approved and that the systems meet all of the standards required by the County. The certification shall include submission to the County of two sets of "as-built"(as defined by the County) drawings, consisting of one set in reproducible vellums and one set of regular blueline prints; and that the systems meet all of the standards required by the County, including pressure and leakage tests, chlorination and bacteriological tests, infiltration and exfiltration tests. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the water and wastewater systems. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonable withheld. _The Utility shall grant necessary easements to the County without charge to connect the water and/or wastewater system to the County Master Water and/or Wastewater System together with such easements as are necessary to provide access to the water and/or wastewater system, where and if the County makes water and/or wastewater service available to the project. The Utility shall pay a one thousand dollar ($1,000) franchise application fee at the time of the submission of the franchise application, and agrees to pay all other fees which may be applicable during the operation of the system. 4 q BOOK 56 PACE 1 2. FEB8 �9�� BQ©K 56 PAGE 123 SECTION VII C EMIFICATION OF OPERATIONS AMID M=MWCE 1. All of the facilities of the Utility shall be constructed in accordance with the plans and specifications approved by the Dent of Environmental Regulation of the State of Florida and Indian River County Utilities Department. The manner of treatment and distribution of water and the manner of collection and disposal of wastewater shall at all time be and remain not inferior to the quality standards for Public water distribution and public sewage collection and other rules, regulations and standards now or hereafter adopted by the Department of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction, including Indian River county. 2. The Utility shall supply the County with an annual report of operations and maintenance certified by the Utility Engineer who must be registered in the State of Florida. SECTION VIII UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES 1. The Utility shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonable necessary to enable the Utility to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. 2. At all times herein where discretionary power is left with the Board of County Commissioners, the Utility, before discretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: a) County Utilities Director b) Utility Engineer c) one person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. 3. Any final decision the arbitrators or Board may have with respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. Ali 2 D wg-12 ' SECTION IX 5 so M All Pipes, Pumps, hydrants, mains, valves, blowoffs r sewer mains and manholes and other fixtures laid or placed by the utility for the water and/or wastewater system shall be so located in the dedicated easements in the County after approval by the county Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Utility shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of county -owned pavement, sidewalk, driveway 'or other surfacing, the Utility shall, at its own cost and expense and in a manner approved by the County Engineer,- replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one (1) year. In the event that any time the County shall lawfully elect to alter or change the grade or to relocate or widen or otherwise change any such County -owned right-of-way, the Utility shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at the Utility's expense. The Utility shall not locate any of its facilities ties nor do any construction which would create any obstructions or conditions which are or may becone dangerous to the traveling public. c. In the event any such public place under or upon which the Utility shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Utility thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Utility in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than fifteen (15) feet in width for the benefit of the Utility and its facilities. SECTION x SERVICE MQUIMMIUS The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Florida Statute Chapter 367 (1980), except to the extent that said provisions are in conflict with the provisions of the franchise. SECTION XI AVAILABILITY' OF SERVICE 1. Subject to the provisions of Section XI (b) the Utility shall furnish, supply, install and make available to any and all persons Within the franchise territory making demand therefor, its public water and/or wastewater system, and shall provide such demanding person with its services and facilities; provided, however, that the Board may, upon application of the Utility extend time for providing such service to 2 tPo.x FEB- 8 1984 aaoK6 PACE such demanding person. In the event the Utility fails to provide its services and facilities as an water and/or wastewater system to any area within the franchise territory within the time specified by the Board, then in such an event, the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by the water and/or wastewater system by the Utility or such greater area as the Board shall determine; and thereafter, the territory shall be only the area set forth, in the resolution adopted by the Board. 2. The Utility shall not be required to furnish, supply, install and make available its public water and/or wastewater system to any person within the franchise area unless the same may be done at such a cost to the Utility as shall make the addition proposed financially - feasible. Financially feasible shall rrean that a fair and reasonable rate of return shall be realized by the Utility for all its services under this franchise; that such rate of return on its rate base under efficient and economical management. The burden of showing that prospective service to the area is not financially feasible shall be the burden of the Utility. _ • • 011 • * NDI M The Utility or its shareholders shall not sell or transfer its plants or systems or stock to another nor transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferable and assignable until notice or request for transfer and assignment shall be given by the Utility to the Board in writing accompanied by a request from the Proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board shall require. A Public hearing may be held on such request, of which -notice shall be given by publication in a newspaper regularly published in the county at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. Any sale or transfer by the Utility or partners of the Utility taking place contrary to the terms and conditions of this paragraph shall be considered by the Board to be a default by the Utility under this franchise agreement and subject this franchise to germination. 7 SECTION XIII ADBQUATE CAPACITY Utility warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or wastewater service unless adequate capacity is available at the time any new connection is made. SECTION XIV NOTICE OF ADJUSMM OF RATES Upon the initial connection of any customer to the water/wastewater system or upon the reconnection of any new customer to the water/wastewater system, the Utility shall furnish, by mail, a notice setting forth the rate schedule then in effect and further containing 'the following statement: "The water/wastewater rates.set forth herein have been authorized pursuant to Indian River County Water/Wastewater Franchise Resolution No. 84-10 as amended. Said water/wastewater rates are subject to adjustment pursuant to said Resolution upon proper showing by the Utility.. Said rates are also subject to adjustment in the event the water/wastewater franchise is terminated and Indian River County commences to furnish water/wastewater service to your property." SECTION XV RATE SCHEDULE 1. The rates charged by the Utility for its service hereunder shall at all times be compensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate -of return on the Utility's investment under efficient and economical management. The Utility agrees that the County has the . authority to enter into this Franchise Agreement and the regulation of said Utility. Utility agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having coapetent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Utility shall have authority to charge and collect, but not to exceed, the schedule of rates set at a public hearing for that purpose which shall remain effective until changed or modified as herein provided. In setting said rates, the County shall be guided by the standards set forth in Florida Statute 367.081 relating to the establishment of rates and charges. In any event, the Utility shall always be responsible for justifying its proposed rates and charges by the submission of accounting and engineering data to the County Utilities Director. Rates and charges may be amended, upon proper justification by the Utility. Other 8 SOK K5 PACE, ��_6 194 - , FEB 8 1984 800K 6 provisions of this Ordinance deal with the mechanisms of the setting of rates and charges. 2. The Utility shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any test being made by the Utility, the sum of ten dollars ($10.00) shall be deposited with the Utility by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in its delivery. If the meter is inaccurate, the -meter will be repaired or changed, and should the meter reading calibrate too high, a billing adjustment will be made for no more than the past six month's actual readings. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Utility shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless such repairs are unforeseen and immediately necessary, it shall give not less than five (5) days' notice thereof to its consumers for non -emergencies. 3. (a) The approved rates of any utility which receives all or any portion of its utility service from a governmental agency or from a water or seer utility regulated by the Board and which redistributes that service to its utility customers shall be automatically increased or decreased without hearing upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates charged by the goverrunental agency. or other utility has changed. The approved rates of any utility which is subject to an increase or decrease in the rates that it is charged for electric power or the amount of ad valorem taxes assessed against its property shall be increased and decreased by the utility, without action by the Board, upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates charged by the supplier of the electric power or the taxes imposed by the governmental body have changed. The new rates authorized shall reflect the amount of the change of the ad valorem taxes or rates imposed upon the utility by the governmental agency, other utility or supplier of electric power. Provisions of the subsection shall not prevent a utility from seeking changes in -rates pursuant to the provisions of subsection. (b) Before implementing a change in rates under this subsection, the utility shall file an affirmation under oath as to the accuracy of the figures and calculations upon which the change in rates is based, and that the change will not cause the utility to exceed the range of its .last authorized rate of return. (c) If, within 24 months of an adjustment in the rates as authorized by this subsection, the Board shall find that a utility did thereby exceed the range of its last authorized rate of return, it may order the utility to refund the difference to the rate payers. This Provision shall not be construed to require a bond or corporate undertaking not otherwise required. 9 P � • (d) Notwithstanding anything herein to the contrary, no utility may adjust its rates under this subsection more than two times in any 12 month period. CONNE'OTION CHARGE/CAPACITY DEMAND FEE Connection charges shall be established by public hearing prior to system going into operation. FRANCHISE FEE 1. The Utility hereby agrees to pay to the County a franchise fee in the amount of six percent (6%) of the Utility's annual gross receipts, (or the sum of five hundred dollars ($500), whichever is greater), derived frau monthly service charges to defray the cost of regulation and for use of County rights-of-way and public places. The Utility shall pay the 6% franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. 2. The Utility shall supply the County with a copy of the Utility's annual report and financial statements. All records and all accounting of Utility shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Commissioners and. general accepted accounting principles. Within ninety (90) days after close of fiscal year, the Utility shall submit financial statements prepared by a CPA and in accordance with general accepting accounting standards and NARUC. Upon demand by the Board the Utility will submit audited financial statements certified by a CPA. Also, a letter from a CPA certifying that the six percent (6%) franchise fee and the two and one-half percent (2i%) renewal and replacement account has been collected and disbursed in accordance with the terns of this Agreement. SECTION XVI Escrow Charges 1. The Utility agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each unit in effect at the time of the issuance of a certificate of occupancy, as a contribution in aid of construction charge (for future connection to County water distribution mains or wastewater collection systems) as provided for in Ordinance 80-21, Section 3, Part B.: Utility further agrees to pay a sum per ERC for water and wastewater plant capacity charge, as each unit is completed as the future plant capacity charges as provided for in Ordinance 80-22, Section 1 or'according to the Ordinances in effect at the time of the issuance of a certificate of occupancy. 2. The County will deposit all escrow charges paid for any and all connections in this franchise into an interest bearing account. Maximum interest paid shall be equal to passbook rates. The -fees referenced in this section are subject to the escalation provisions of 10 800K ` 1 112D J FEB 8 1984 aaoK 56 p19 Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-22. The fees referenced in this Section shall always be reasonable. 3. Throughout the terns of this franchise, the Utility shall be entitled to any and all interest which shall be paid annually on or before September 30th of each year to the Utility. The Utility shall be entitled to an accounting of said interest bearing account annually upon request made by it to the County. 4. Should the County at any time provide a water distribution system and/or wastewater collection system and furnish water and/or wastewater services to individual customers within the franchise territory, the sums of money remaining in said account consisting of plant capacity charges and contributions in aid of construction charges shall become the absolute property of the County and the Utility shall have no rights thereto. In such event, the Utility shall be absolved -from the obligation of payment of further connection charges to the County and this franchise shall terminate. a) The County shall have the right to purchase the Utility's water and/or wastewater plant at Utility's original construction cost, land cost, plus costs associated with capital additions and expansions to the system less three and one-half percent (3z%) depreciation per year. Depreciation on the system shall be calculated to start at the time the County issues a letter acknowledging the construction of the water and/or wastewater system as provided in Section VI. Upon acquisition of the water and/or wastewater plant and appurtenant real estate, the County would then own the entire water and/or wastewater system and would terminate this franchise and provide water and/or wastewater utility service to the franchise territory. All accumulated escrow fees would vest in the County. b) In the event of an acquisition by the County, or the utilization of the County's own plants, the County shall receive the water distribution and/or wastewater collection system free of cost and in good repair, wear and tear excepted. The Utility agrees to grant to the County any easements necessary to connect the water and/or wastewater system to the County's water/wastewater systems without charge. The Utility shall pay all escrowed impact fees upon acquisition or upon connection to County's own plants. C) If in the event the County determines that it will not exercise its option under item #4(a) within,seven (7) years, escrowed contributions in aid of construction or impact fees shall become part of the renewal and replacement fund and may be used as described within Section XVII, RRM AL & REPLAM§M ACCOUNT. If at any time thereafter the County takes possession or makes use of the utility systems, all contributions in aid of construction funds collected will vest to the County and those funds which have been expended or an equal amount would be deducted from any purchase price. SECTION XVII RENEWAL & REPLACEMENT ACCOUNT Two and one half percent (22%) of the operating cost of the Utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the Utility. Additionally, the Utility shall initially fund said account with two thousand dollars ($2,000) which will also be reserved for capital maintenance items. Interest shall accLumlate in said account until the account reaches ten thousand.dollars ($10,000); thereafter interest shall be paid to the Utility annually. Said funds shall be used as a sinking fund and applied only for renewal and/or replacement of the water and/or wastewater system by the Utility,as the need arises; the percentage required to be placed in the renewal and replacement account may be amended after review by the County as necessary to maintain a sufficient account balance taking into account the general condition of the system._ The County is granted the right to make necessary repairs using said funds in the event of default on the part of the Utility in maintaining the quality standards established herein. In the event that the county purchases the corporation's utility system pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SBCTION XVIII INSURANCE 1. The Utility shall at all times maintain public liability and property damage insurance in such amounts as set forth in, to wit: Exhibit "B" attached hereto and incorporated herein. 2. The Utility shall cause the County to be duly notified by the insurer in the event of any modifications or deletions of the insurance as set forth in said Exhibit "B". Said amounts shall be adjusted by the Utility, as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Utility. 14FY"T'TCW VTV CONSUMER COMPLAINTS If any written complaint is filed with the Board by any persons serviced by the Utility under this franchise, the Board shall first determine whether reasonable cause exists with respect to said complaint. If the Board finds reasonable cause does exist, the Board 12 ao� t5FF 130- 'A _I FEB 8 198 shall so notify the Utility and request the Utility to satisfy or 'remedy such complaint. If the Utility fails, within a reasonable time, to satisfy or remedy such complaint or objection, the Board may review same according to the provisions hereof. If the Board enters its order pursuant to such hearing and the Utility feels it is aggrieved by such order, the Utility may seek review of the Board's action by petition for Writ of Certiorari filed in the Circuit Court of the County; otherwise the Utility shall promptly comply with the order of the Board. SECTION XX CHANCM IN RATE SCHEDULE Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore established and approved by the Board, then the Utility shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. The Utility shall pay any rate structure review fee as the County may then have in effect and shall furnish the County with all information requested by the County that is pertinent to the proposed new rate schedule. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued for a reasonable time as determined by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by such order, then Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days following the public hearing. Wowa(G)g1m CONSTRUCTION PERMITS Prior to the Utility placing any of its facilities in any of the public places as herein authorized, the Utility shall make application to and obtain any required permits from the County authorizing said construction in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The County shall have the right when special circumstances exist to determine the time during which such construction shall be done. SECTION XXII DEFAULT OF FRANCHISE If the Utility fails or refuses to promptly faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Utility written notice of such 13 M deficiencies or defaults and a reasonable time within which the Utility shall remedy the same, which notice shall specify the deficiency or default. If the Utility fails to remedy such deficiency or default within a reasonable time, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Utility, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages of no less than fifty dollars ($50) per day that said deficiency or default exists from the date of said hearing held by the Board.; and the Board may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by any such order, the Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXIII jocklooOKOADi��i�r,..I,��i Nothing in this franchise shall prevent landowners from exercising their vested rights or privileges as set forth and contained in any license issued to any utility heretofore -granted by the Board pursuant to Section 125.42, Florida Statutes. SECTION XXIV CONTRACTUAL AGREEMENT It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the Utility and the County and as such a contractural instrument recognized under the Statutes and Laws of the State of Florida. This franchise agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SECTION XXV - NON-PERFORMANCE Provisions herein to the contrary notwithstanding, the Utility shall.not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes beyond the Utility's control, including, without limitation, causes such as "Acts of God", unavoidable casualties, labor disputes, etc. INTENT OF FRANCHISE AREA � i • SECTION XXVI 14 nox �kG FEB B 8 1994 INK 6 PACE 133 - The franchise area is intended to be developed as a condominum development with a condominum association organized pursuant to chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and conditions hereof and pursuant to the public hearing requirements set forth under Section XII hereof. SECTION XXVII EXECUTION OF FRANCHISE If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the reminder. IN WITNESS WHEREOF, The Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 8th day --of February—, - 1984. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: Lo u By Don C. Scurlock, Jr., ChaimV Board of County'Commi.ssioners Attest: Clerk �ak DANCE OF FRANCHISE VISTA PROPERTIES OF VERO BEACH, INC., a Florida corporation, does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, -Indian River County, Florida, this / 7 day of c , 1984. 15 I oil •• • . : •I IN - STATE OF FLORIDA COUNTY OF DMIAN RIM I f1MMY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Ronald Ewing, as President of VISTA PROPERTIES OF VERO BEACH, INC., a Florida Corporation, and he acknowledged before me that he executed the foregoing instnmient for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 17A day of � , 1984. Notary Public, State of Florida at Large My Commission expires: Notary Public, State of Florida - My Conmiuion Expires Mov. 27, 1985 landed Thru T/e, fain • inH+roMe, 16 PCOK 51 FAP13 4 FEB 8 1984 EXHIBIT "A" (page 1 of 2) L ncQr/-a Al o�l Ap —V/Sr-4 P4 �9nrrA7-i o IV E R/w 15 16 TR.10 TR.9 c'^c. _AL Hca q�• he • 1` 2661, CT 54-'t ftn'•-.. E R/w TR.10 TR.9 BIT ATTACHMENT A _ (DescriL,k-ion o Francli;se- Area) (Page 2 of 2)� all :. c ..�^.� + ' �as.G 'Y 4• bnn s z.e� ;� ��_J11, 6 's 1 . � �-p� Nom+• esem • us ...n. n�agp _ f .i i •� 1 B � oeoi S'�•S' RM i0 "X- �J CO�COff'6 EICY Em' eoy £ 1 vJ�e TCF•1 e. U2VH ewe •S.+ow.Na 6o..+veaii4+ � S p nue. �L-`Rb U®e �R T•�va .Fo�..�e`w NG�Oc+.b�¢. QCUCRp` ^L4T dr �..N.�C' can Tu4 � OtAN RvG4 Fp�3 Oo0\ Ca - T.yG LAST =(+• ��-K-.L �o..,++^t . �`••eti�7p S-.ra..a �uw�W v �.NG .av0 ^ ..u6 NO.pw� p�,Je'+i G wsTY. v�0¢,Od .. i "_JGKWIIUN OF FKAEJCHIsE AREA - CERTIFICATION •' I, a'oa�� 6. 4ecTR✓z DO HEREBY CERTIFY THAT i AM A DULY LICENSED AND PRACTICING LAND SURVEYOR IN THE STATE OF FLORIDA, AND THAT UNDER MY SUPERVISION 1 - THIS SURVEY WAS MADE PER DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST Of •. MY KNOWLEDGE AND BELIEF, AND THAT. THERE ARE NO VISIBLE ENCROACHMENTS - - EXCEPT AS SHOWN. LANDS. SHOWN HEREON WERE NOT ABSTRACTED FOR AOOITIONAI;�.>,...� I EASEMENTS AND/ OR RIGHTS -OF • WAY OTHER THAN SHOWN. " I IN WITNESS WHEREOF 1HAVE HEREUNTO EXECUTED THIS CERTIFICATE THIS x`I� I DAY OF- c^w�. , 19c - , BEING THE DATE AS OF THE DATE SAID SURVEY WAS M�AE. ��¢�"+ �-`' co¢Tevc 2... s• 211.1 REGISTERED LANG SURVEYOR CARTER ASSOCIATES, INC. .�__a... CQCi.RT �P.Gb }/ZSS/ 8'�� N°•2�« _ CONSULTING ENGINEERS 8 LAND SURVEYORS 1708 21ST STREET VENO SCACM,FLORIOA Liv. Tp COCR,KT p+Y.X.6 Tf�J6RW.'a•.o4 ` �- � `�e1iyQ•yg•( b�yL/g} Yw. .tea-�+•o� o_-_naa..��. t�o_ae.-f. 4/�b/6}. Ta.z.�/LS F.B. sin Pr FEB 8 1984 o x 56 PACEDD r , =1984 P BOOK CERT ATE OF INSURANCE = AGE �=; _' EXHIBIT B� . Wausau insurance Companies ate' TWts is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured Vista Properties Inc. Producer No.: 1431 - 100 Vista Royale Blvd. Place: Orlando Vero Beach, FL 32960 Date Issued: 1-12-84 Region: ATL l� Kind of Coverage co* NO. Expiration Date Policy Number ** Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states (except states where coverage can be provided only by State Funds, and Canada) and as designated in the policy and endorsements for Coverage Workers' Compensation** 5-31-84 1414 00 075916 B — Employers Liability. Limits of Liability Comprehensive 5-31-84 1424 00 075916 Bodily Injury Property Damage General Liability $ 500,000 Each Occurrence $ 100,000 Each Occurrence Special Multi -Peril or Trademark (Section It only) $ 500,000 Aggregate $ 100 000 Aggregate Products - Completed Operations: (Included ❑ Excluded Single Limit $ Each Occurrence Contractual - All Written Contracts: Ekinciuded ❑ Not Covered $ Aggregate Owners, Landlords' $ Each Occurrence $ Each Occurrence and Tenants' Liability $ Aggregate Contractual Liability — $ Each Occurrence $ Each Occurrence Designated Contracts $ Aggregate Only Single Limit $ Each Occurrence $ Aggregate Automobile liability L 2 5-31-84 1424 02 075916 $ Per Person IX All Owned Autos IR Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500,000 Per Accident 3 5-31-84 1434 00 075916 $ 10, 000, 000 Each Occurrence Umbrella $ 10, 000, 000 Aggregate Products - Completed Operations Liability - $ 10,000 Retention Special Provisions/Locations/Specified Autos: Thirty days' notice of cancelation will be given to the owner of this certificate. Additional Named Insured: Indian River County Utility Services Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate maymbe.isctrod. or.lpox �rtainnj the�insuran a afford- ed by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the some number. Issued to: *Issued by 1. WAUSAU LLOYDS 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Indian River County Utility Services 3. WAUSAU UNDERWRITERS INSURANCE COMPANY Administration Bldg, Attn Terrance Pinto 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 1840 25th Street 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Vero Beach, FL 32960. Signed Authorized Company Representative 4-83 - (S)I5-5734 .c��.-?" - xt.=utr1„�td PETITION PAVING REQUEST - APPLE WAY Property owners of Apple Way have submitted the following request: L We the property owners of Apple Way request to be placed on the partition paving program. We realize3011 the existing road is not up to county standards. h'�`O JAN 1994 pb, a We are willing to pay our portion to have the N RECOYEO Ctk r.+ OMM COUNN county re -build the road to their standards CO►wusoM[AS and then wa will dedicate the road to the county. Douglas F. Hutchinson��� Marjorie Hutchinson Charles A. Garret Jr. �i Sherry L. Garret 2 1 George L. Benson o ,006 • l - a �' �'� re. . Vargaret M. Benson C Carl F. Graul L°G✓r.� �' Ann Ione F. Graul p Leonard J. Cousineau Lucille Cousineau Shizuyo K. Duggi.ns�. Alcide H. GilmancuCG !" rlargaret E. Gilman James Leslie .Jiggins i Mary'Lou rJiggins ' Public Works Director Davis informed the Board that Apple Way is south of 12th Street approximately three or four blocks west of 27th Avenue. It is a private subdivi- sion of eight large lots, each being one acre or more. The road in question is located on the west boundary of the subdivision within a private 35' right-of-way. This road has been failing. The people wish to pay their share to have the road rebuilt and then dedicate the road to the County. It is a straight road cul-de-sac about 1/4 of a 48 X9 FEB $ 54 sooK 56 wiEl18 F, FES 1984 [5 6 PAA*3 mile long and contained all within the subdivision, which was approved in 1974. Administrator Wright felt we had almost the same situation last year in Shadowbrook, and Mr. Davis informed the Board that staff did help the people in Shadowbrook get a contractor and worked with them to assure they were getting a proper road, but have taken a hands-off position in regard to taking on maintenance of the road. Commissioner Bird asked for the Public Works Director's professional point of view about accepting such a road. Mr. Davis stated that this road is a substandard road, and it definitely does not benefit the general public. We have many subdivisions which would fall into_ this same situation, and he would hate to set a precedent of accepting such streets when he does not feel our budget can handle that kind of addition. Mr. Davis felt if the County could provide some technical assistance to the residents of Apple Way in preparing a scope of work and monitor the work for them, that would save them something. Discussion ensued as to the County's responsibility at the time this road was originally built. Mr. Davis did not believe that the County had an engineering department in 1974, but noted that we did, however, inspect private subdivisions and there should have been a final inspection and test -report submitted to go with the recommendation for final approval. Administrator Wright reported that he found no docu- mentation at all in the file regarding this subdivision except a plat. Discussion continued at length as to under what circum- stances we would accept such a road, what we have done in other subdivisions with similar dead end streets, how the road could be brought up to County standards, whether or not 49 I it would qualify under the petition paving program, the fact that this is a private road and it does not meet our exist- ing ordinance re minimum right-of-way, the fact that it was built at a time when we had provisions for half roads and you can't have a road that is half private and half public, etc. The Board then questioned in detail whether this road would fit in under our petition paving program and whether that program addresses putting in a road bed as well as paving. Commissioner Lyons did not feel that the portion the County pays under the petition paving program addresses itself to bringing a road up to County standards, but Mr. Davis felt that it does as sometimes we start with an unimproved shell road and we have to modify the existing road. He noted this could be a 6 or 8 week job and did not feel the County could handle this along with the petition paving we are doing now. Commissioner Lyons still felt because the road is not up to our standards, this really does not correspond to our normal -petition paving activity, and he did not believe we should penalize the rest of the county by paying out of County funds to bring the road up to the standard where we would participate in the petition paving. Commissioner Lyons felt this should be a two step proposition which would be financed 1,00% by the property owners to a certain point and then 75% to the next point. He asked why we could not set it up to do the job this way and then accept the road. Administrator Wright noted that ..the theory behind petition paving is we maintain the road, and itis extremely expensive; therefore, we pay 25% to take that burden off our back. In this case you do not have a public road so the property owners should pay 1000. 50 FE B 8 11984 80OK ?KCI FEB 9 1994 66 FAcEU Discussion continued about what would have to be done to bring the road up to the standard where it could be considered for petition paving, and Mr. Davis explained that it would be necessary to remove all the materials there and put in the proper subgrade and a base. You wouldn't be starting with the typical county road we have now. He continued to stress that his concern is that he does not feel the county has resources to take on private road reconstruction. It would be a tremendous burden on the Road and Bridge Department to begin that precedent and as a result the existing petition paving program would suffer. Commissioner Bird agreed and stated that he would have a hard time justifying that the --general public will benefit from the county participating in paving and accepting maintenance of this road. Commissioner Wodtke felt we do have to put the burden on the property owners to build the road to meet our standards and did not believe we want to encourage maintaining these roads perpetually. He asked about the possibility of letting the bid for this through our county contract. Administrator Wright felt that if the road is brought up to county standards, we should accept it, but he would hesitate on our bidding it. Chairman Scurlock also expressed concern about the County supervising this road improvement as he wondered what responsibility it might place of us. Commissioner Bird was perplexed by. the Administrator's statement that if the road is brought up to county stand- ards, we should take it over for maintenance, which he believed is 1800 from what the Public Works Director said. He stressed that he is all for bringing the road up to standard but did not believe he wanted to accept it for maintenance. 51 Administrator Wright felt it is general practice to accept roads brought up to county standards. Chairman Scurlock noted that apparently Director Davis is saying we don't have the in-house capacity of going out and designing the road, bidding it, monitoring it, etc., and Director Davis confirmed that he did not feel we can take this on without our present program suffering. He pointed that we have had many similar requests and if we went along .with this, it would generate many more requests -Administrator Wright agreed that we already are eight months behind on petition paving. Discussion continued as to whether this road ever met county standards, and it was noted that Vero Lake Estates has dirt roads which have been accepted for maintenance. Commissioner Wodtke asked if our standards are more than the residents would have to build to have a usable road, and Mr. Davis felt it would be a gamble. He noted that they .did less work in Shadowbrook and just added asphalt, which he believed is performing fairly well, but he did not want the county to be placed in the position -of supervising that type of job. Jim Wiggins, resident on Apple Way, commented that�one of the Commissioners had said he did not know if it was right to ask the county taxpayers to keep up this road. Mr. Wiggins pointed out that they are taxpayers also and pay to keep ' up the rest of the roads. He stated that he has been unable to find -anyone to take responsibility for the condition of this road, and the blacktop is only 1/4" thick. Commissioner. Bird noted that we all..have a responsi- bility to maintain the main road system in the county, but this is a deadend road serving only a few residents. Mr. Wiggins commented that the county does not maintain either his drainage ditch or this road, and he does not feel 52 7984 WK 6 PA6E:.14 he is out of line asking the county to maintain the road if they bring it up to county standards. Al Youngman of Apple Way also did not believe this is an equitable situation. He reported that he wrote former Administrator Nelson several years ago stating that he' believed the County ordinance was violated because there was supposed to be a 1" asphalt base, and it wasn't even 1/4" thick. Mr. Youngman noted that now Country Walk Subdivision is being put in with their back yards facing Apple Way's front yards, and they are supposed to put in plantings for buffering, but this hasn't been done yet. Mr. Youngman pointed out that when the planting is put in along their ditch, because of the other ditch and the-_ road, the residents will be boxed in and unable to clean their ditch. He felt this is extremely bad planning. Commissioner Lyons agreed that this is a real mess and did not see how we can walk away from it. Discussion continued as to what to do about the problem presented by the two ditches. Mr. Youngman stated that the residents had discussed the possibility of eliminating one ditch or making the road wider, and Mr. Wiggins noted that all their homes sit far enough back; these are large lots and they have enough room. Commissioner Lyons -suggested that we ask them to sit down with the Planning people, the engineering people and the Attorney, and_ see what can be done to resolve this problem. Commissioner Bowman felt the County is liable at least to the extent that we did not carry out our responsibilities in 1974, but it was pointed out that we don't know that we did not do so. Commissioner Bird asked if the residents would be willing to pay 100% of bringing the road up to standard, if the County would accept the road. He felt that might be 53 so I a more consistent than our present policy with petition paving. Administrator Wright believed the cost 'involved would be between $18-$23 per front foot since in this case only the people on one side of the road would be paying. Commissioner Wodtke felt if they bring the road up to standard, he would be agreeable to accepting it, but noted we cannot do this work with our road crews. Commissioner Bird asked about the possibility of the County doing some road design work, and Administrator Wright stated that is where we are so stacked up that we won't see daylight all year. He felt we could provide some technical assistance, however. - Director Davis -believed his department could do a very quick cost estimate and design on a conceptual basis that would be fairly accurate, and could be given to three or four local contractors to ask for a cost estimate. He believed that there could be a problem working with two subdivisions to get a common ditch. Mr. Youngman did not see how the people in the adjoining subdivision would have much choice as he did not see how they can maintain their ditches the way it is set up presently, and Mr. Wiggins reported that the property owners in Country Walk are having problems as they were not aware that they had to maintain this ditch. He stated that they do not want to accept the ditch, the roads or the lighting, etc., and have told the developer he has a lot to do before they would consider forming a property owner's association to take these over. Commissioner Bird felt we need one county maintained' ditch between two developments. ON MOTION MADE by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously 54 640K U 4 PAGE X:4 I FEB 8 1984 eQ�►K directed Public Works Director Davis to have a conceptual plan of Apple Way prepared to see what kind of costs would be involved to bring the road up to County standards. FUNDING SHORTFALL - 17TH ST. & U.S.1 INTERSECTION IMPROVEMENTS Public Works Director Davis reviewed the following memo, noting that the bids have come in for the third time on this job: TO The .Honorable Members of DATE: February 6, 1984 FILE: - The Board of County Commissioners SUBJECT: 17th street/US '1 Intersection Improvements - Funding DOT Over Budgeted Costs FROM: , James W. Davis, P.E. REFERENCES: Michael S. DeRosa, DOT Distric- Public Works Director Program Development Engineer, to James W. Davis, dated February 2, 1984 DESCRIPTION AND CONDITIONS For the third -time, bids were received by*the DOT for the improvements at 17th Street/US 1 intersection which were over the DOT budgeted amount. Due to the DOT not being in a position to fund excess costs above -the Engineering Estimate, the County has the option of either funding the $63,757 difference between the low bid by Ft. Pierce Contracting Corp ($220,290.65) and the DOT's budgeted amount ($156,533.65), or inform the DOT that the County has no objection to abandoning the project. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative 1 - Fund the $63,757 shortfall from the Second Gas Tax Fund. Balance of the fund on Feb. 3, 1984 is " $4,7.41,000. This action will allow for a five (5) lane west approach to the U.S. 1/17th Street intersection which will tie into the 16th Street improvement to the west. Alternative No. 2 - Abandon the project. This will create a stressed intersection once the 16th Street improvements are complete and the DOT's budgeted $156,533.65 will probably be used on another project somewhere on the State System. 55 _I RECOMMENDATION AND FUNDING The following is recommended: 1) Approve and authorize execution of the attached Joint Project Agreement for State Project No. 88003-3502. 2) Approve funding of $63,757 from the County's Secondary Gas Tax Fund for this project, and transmit the funds to the DOT with the above agreement. Administrator Wright believed that if we don't come up with the $63,000 difference, this job will not be done. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to approve and authorize execution of the Joint Project Agreement for State Project No. 88003-3502; to approve funding of $63,757 from the County's Secondary Gas Tax Fund; to transmit the funds to the DOT with the above agreement, as recom- mended by staff; and to approve the following budget amendment to allocate the necessary funds. FROM:Jeffrey K: Barton, REFERENCES: OMB Director The following budget amendment is to correctly allocate the funds to pay DOT for the 17th Street/US # 1 Intersection improvements per your approval at the February 8, 1984 meeting Account Title Transfers Out Reserve for Contingency Transfers In Other Prof Services J KB/dw Account No. Increase 109-199-581-99.21 63,757 109-199-581-99.91 307-000-381-20.00 63,757 307-214-541-33.19 63,757 Balance in Reserve $500,000.00 as of Feb. 17, 1984 56 FE B 8 1984 Decrease 63,757 Commissioner Wodtke asked if this addresses the utility pole problems with the City, and Director Davis stated that he was not aware of any conflict on this project. Commissioner Wodtke wondered how the DOT could miss their estimate by such an amount. Director Davis noted that he had asked the same question. Apparently the DOT bases.their cost estimation on prices throughout the state and he believed they use Fort Lauderdale where there is much more competition and prices are lower. Due to the small size of our town and fewer contractors, we pay a premium. THE CHAIRMAN CALLED FOR THE QUESTION. _ It was voted on and carried unanimously. SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED AND RECEIVEDE. C� Commissioner Lyons inquired about improvements on the east side of the above intersection where he believed the center barrier is completely inadequate because of the turning lane and the new market. He asked if. there is any way to chop out that center lane to get a bigger turning lane, and Mr. Davis reported that the DOT has already initiated action on this. RELEASE OF CASH BOND - TRACKING STATION PARK (WALKER CONST.) Public Works Director Davis reported that the contractor for the Tracking Station Park restroom work (Walker Construction, Inc.) has substantially completed this work; there are just a few minor items remaining, and due to the fact that their $106,000 cash performance bond, evidenced by an escrowed certificate of deposit, has come due, Mr. Walker is requesting that the bond be released and $10,000 be held from the retainage. 57 so a � � ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously authorized the release of the Walker Construc- tion cash performance bond, with $10,000 to.be held from the retainage as a construction warranty bond.. JAIL REPORT Commissioner Lyons informed the Board that he has seen a rough draft preview of a new design for the jail which incorporates the things we want, but makes some changes, and he expects to have it available for a meeting of the Jail Committee on the 16th. He hoped at that time thev would be in -a position to see if this meets the goals and objectives in our contract and then will come back to the Board with a recommendation. DISCUSSION RE ANALYZING CABLEVISION RATE HEARINGS Commissioner Wodtke noted that when we have our Cablevision rate hearings, the general complaint from members of the public is in regard to the quality of the picture. The people apparently don't mind paying the rates, but they want good- quality for their money. He continued that he has looked at the dollars we are deriving from our 3% franchise fee and believed that this year these fees would generate about $40-45,000 revenue. Commissioner Wodtke wondered if we could authorize the Utilities Department to see if there is a consultant or engineering firm which could go in and analyze the Cablevision company's equipment, etc., to see whether it functional and up to par, or state of the art, etc. He felt we need professional expertise so that we know whether or not the equipment is as adequate and up to date as the company generally claims. The Board agreed this was a good idea. 58 FEB 8 1994 saoK6 qac �;$: FEB 8 1984 eaoK PAGE[:; Administrator Wright informed the Board that he and City Manager Little have had some discussion as to joint venturing someone to look into this, and he will bring back a recommendation. He confirmed that we do not have the technical expertise to do this in-house. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously directed the Administrator to come back to the Board with a recommendation in regard to obtaining technical assistance to be utilized at the cablevision rate hearings. DISCUSSION RE BAILIFFS AT COUNTY COMMISSION MEETINGS Commissioner Wodtke believed there was a Lieutenant acting as bailiff at the last Commission meeting, and he wished to know if the Statutes require that we have an authorized bailiff present at all meetings. If this is necessary now that we are having regular meetings every Wednesday, this could amount to quite an expense since it is time consuming. He also asked if it is required that a bailiff be in attendance for the entire meeting. Administrator Wright commented that when he was with the Sheriff's office, this was handled just by having a bailiff in the building, not actually at the meeting. He stated that he will check.into this and see -what is required by statute. DOCUMENTS TO BE MADE A PART OF THE MINUTES 1. Water Purchase Agreement between the County and General Development Utilities, as approved at the Regular Meeting of December 7, 1983, having been fully executed and received, has been placed on file in the Office of the Clerk. 2. Interlocal Agreement between Indian River County andlthe Town of Indian River Shores re North Beach Water Company and Bayside Utilities franchises, as approved at the Regular Meeting of January 18, 1984, having been fully executed and received, is hereby made a part of the Record. The Exhibits listed and attached are on file in the Office of the Clerk. O] FEB 8 1994, l FE B 6 1964 �E INTERLOCAL AGREEMENT THIS AGREEMENT made this day by and between INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida, hereinafter referred to as "County," and the TOWN OF INDIAN RIVER SHORES, a municipal corporation existing under the laws of the State of Florida,.hereinafter referred to as "Town." WHEREAS, the Town recently annexed certain properties. known as the Baytree Property more fully described in Exhibit "A" to Ordinance No. 292 of the Town attached hereto as Exhibit 1, and WHEREAS, Indian River County previously granted a water utility franchise to the North Beach Water Company, a copy of which is attached hereto as Exhibit 2, with a franchise territory that includes the Baytree Project which by.virtue of the annexation is now within the municipal limits of the Town, and WHEREAS, Indian River County previously granted a wastewater system franchise to Bayside Utilities under Resolution No. 83-108, a copy of which is attached hereto as Exhibit 3, with a franchise territory that includes the Baytree project, which by virtue of the annexation is now within the municipal limits of the Town with the sewer plant itself remaining in the unincorporated area. WHEREAS, at the time of annexation of the Baytree Property, no provisions were made for the administration of the North Beach Water Company Franchise or the Bayside Utilities Wastewater System Franchise as they existed on the date of annexation, and WHEREAS, it is now necessary for the Town and County to set forth their mutual understandings with respect to the administration of the North Beach Water Company Franchise and the Bayside Utilities Wastewater System Franchise. NOW, THEREFORE, the parties agree as follows: 1. This agreement is entered into under the authority of Florida Statutes §125.01 (p) and Florida Statutes §163.01 et s eq. 2. This agreement is entered into between the parties 61 i 1 I to provide uniform administration of the water franchise and wastewater franchise. The term "water franchise" as used herein refers to those rights and obligations set forth in Resolution No. 82-59 of the Board of County Commissioners of Indian River County granting to the North Beach Water Company a water utility fran- chise, as amended from time to time. The term "wastewater franchise" as used herein refers to those rights and obligations set forth in Resolution No. 83-108 granting to Bayside Utilities a wastewater system franchise, as amended from time to time. This agreement is further an accommodation to the Baytree development and the Town of Indian River Shores to promote the efficient pro- vision of water and wastewater services to the annexed property. This agreement shall not in any event be considered authority for further service by the North Beach Water Company or Bayside Utilities into adjacent properties within the Town limits. 3. The Town recognizes, accepts and agrees to th.e continued existence of the North Beach Water Company's franchise and the Bayside Utilities wastewater franchise extending within their municipal limits.- The Town further agrees that Indian River County shall have the total and complete authority to administer and regulate the North Beach Water Company franchise and the Bayside Utilities wastewater franchise as they currently exists or as it may be amended in the future by the County with respect to the annexed property. 4. The Town agrees that all revenues accruing to Indian River County pursuant to Resolution No. 82-59 and Resolution No. 8-3-108 shall continue to accrue to Indian River County and the Town shall have absolutely no right thereto. 5. The Town agrees to grant to the North Beach Water Company and Bayside Utilities such right-of-way permits as are necessary for the completion of the project and efficient serving of the annexed property pursuant to the franchise resolution. 6. County agrees to continue the administration and regulation of the North Beach Water Company pursuant to Resolution No. 82-59 within the municipal boundaries of the Town to the extent of the annexation. County agrees to continue the 62 toot FEB 8' 194 f., I .FE B 8 1984888K 153. N a PACE �'. administration and regulation of the Bayside utilities wastewater franchise pursuant to Resolution No. 83-108 within the municipal boundares of the Town to the extent of the annexation. This paragraph shall not be construed as authorization for Indian River County to grant any further franchises to any other public or private utility on the annexed property. This paragraph shall also not be construed to expand rights, obligations or liability of the County pursuant to the franchise resolution. 7. Town agrees not to issue any Certificates of Occupancy to any buildings under construction or to be constructed on the annexed property until such time as the Town has received verification from the Indian River County's Utility Department that the water and wastewater system serving the proposed struc- ture has been certified as ready for public consumption by the Department of Environmental Regulation and the County and the County has received certification from the Utility -Department that the system will provide the "fire flow" requirements set out in the franchise. 8. The Town agrees not to interfere with or take any action or allow any of their employees or agents to take any action that will hinder the County in its administration and regulation of the water or wastewater utilities providing service to the annexed area or with the utility providing such service. The Town acknowledges that the sole remedy for its residents with respect to utility services provided by this agreement shall be governed by the provisions of Resolution No. 82-59 and Resolution No. 82-108, as amended from time time by County. - IN WITNESS WHEREOF, the parties have set their hands and seals on the date set forth next to their signatures. Date: 1-18-84 INDIAN RIVER COUNTY BY...IT.$ BOARD F:UNTY COMMISSIONERS Approved joform By: C ,Bt'o ' Fc DON C. SCURLOCK, JR. Chairman ; G• r Eve. brand?,n5u. Attest: �� Ailorr;r�� `; •FREDA WRIGHT; C erl Date: �TOWN OF NDIAN RIVER SHORES' By: RITTZ G T, Mayor _ =—Attest:CJu To rk The undersigned agree that this Interlocal Agreement is a proper and legal method for the Town and County to administer the provision of water and wastewater service to the.annexed land and agree to its terms. NORTH BEACH C MPA By: BAY gen By: THE By: lorida There being no further business, on Motion made, seconded and carried, the Board adjourned at 12:05 o'clock P.M. - Attest: Clerk Chairman 64 FEB 8 1984 BOOK 1� I