HomeMy WebLinkAbout4/11/1984U
Wednesday, April 11, 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, April ll, 1984, at 9:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; Richard N. Bird; and William C. Wodtke, Jr.
Absent was Margaret C. Bowman due to illness. Also present
were Michael J. Wright, County Administrator; L. S. "Tommy"
Thomas, Community Services Director; Gary Brandenburg,
Attorney to the Board of County Commissioners; and Virginia
i
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Adminis-
trator Michael Wright led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested that the Board add
consideration of the ranking of the engineering firms to
develop the Master Plan for sewer to today's agenda.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) agreed to add the above item to today's
agenda as Item 7B.
Attorney Brandenburg informed the Board that the Humane
Society has fulfilled all contingencies on their contract
and would like to address the Board today about setting up a
closing.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
PR I 1 1984 BOOK F 56- 'FACE 685
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APR 111984 Bou =56 FArF 6l6
(4-0) added the above to the agenda as Item
11-C.
Attorney Brandenburg noted that two items were deferred
from last week's meeting which did not appear on the agenda
- the S.R. 60 letter of commitment from Florida National
Bank and the Resolution calling for assessment on the water
line to be built on S.R. 60. He requested that these be
added today.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) added the above two matters to the agenda
as Items 11-D and 11-E.
Attorney Brandenburg reported that he has drawn up the
agreement with Frizzell Architects regarding fees and has
gone over it with the Administrator. The architect has not
as yet had a chance to review the agreement, and he wished
to know if the Board wished to review it today or wait until
next week. It was decided to wait until the next meeting.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of March 21,
1984. There were none.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) approved the Minutes of the Regular.
Meeting of March 21, 1984, as written.
2
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The. Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of March 29,
1984.
Commissioner Lyons hada minor change and asked that
-the wording on Page 3 in the top paragraph be changed from
"There is much to be done,.." to "There is some work to be
done,..."
The above correction having been made, ON
MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously
(4-0) approved the Minutes of the Special
Meeting of March 29, 1984, as written.
CLERK TO THE BOARD
A. Approval of Duplicate Tax Sale Certificate
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
(4-0) approved the issuance of Duplicate
Tax Sale Certificate No. 886 in the amount
of $35.73 to Ruth Weber (Surviving spouse of
John J. Weber).
CONSENT AGENDA
A. Community Services Block Grant Housing Rehabilitation
Program Funding Agreement
The Board reviewed memo from the Executive Director of
the Housing Authority, as follows:
3
APR 1119$4
B90K :6 PACE 68 7
J
APR 111984 BOOK 56 FACE 688
TO: The Honorable Members of DATE: April 2, 1984 FILE:
the Board of County Commissioners
TROUGH: Michael Wright
County Administrator
SUBJECT: Community Services Block Grant
Housing Rehabilitation Program
Funding Agreement
FROM: Edward J. Reg REFERENCES:
Executive Director
IRC Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission. -
Description and Conditions:
The State of Florida's Department o.f Community Affairs announced in
their letter of March 28, 1984, that our application for the April 1, 1984
through September 30, 1984 Community Services Block Grant (C.S.B.G.) fund-
ing cycle has been accepted. They have forwarded a copy of the Department's
contract for execution by the Chairman of the Board of County Commissioners.
Our pro -rated share of the State's total allocation is $6,295. The Indian
River County Housing Authority is the non-profit subgrantee for the Indian
River County Board of Commissioners. The program covered under this grant
will provide rehabilitation consulting services which will activate reha-
bilitation funding from private institutional and governmental sources.
The Farmers Home Administration Section 504 Program provides housing
rehabilitation funds in the form of 1) low-interest loans, 2) loans and
grants, and 3) grants to the low-income elderly. There are 315 owner -occu-
pied substandard housing units suitable for rehabilitation in Indian River
County. Low-income and elderly families lack the money to make their homes
safe and sanitary.
This program will be targeted in one•of the oldest minority areas of
Wabasso known as the School District. There are 66 dwelling units in the
subdivision, most of which are substandard. Approximately 60 units are
owner -occupied, and we plan to assist 16 low-income and elderly owners in
bringing their homes up to safe and sanitary standards.
Alternatives and Analysis:
This is our second funding under legislation passed by Congress which
consolidated various social programs into the block grant categories for
administration by the State and Local Government, and funds not applied for
from the Community Services Block Grant Program will be redistributed among
counties that make applications.
Recommendation and Funding:
We respectfully request the County Commission to authorize its Chair-
man to execute the Community Services Block Grant Program Agreement with.
the State of Florida's Department of Community Affairs.
This program will bring about improvements in safety and sanitation
for 16 homeowners. The average cost of improvements will be approximately
$2,800 per unit. The $6,295 Grant plus $1,842 of cash and in-kind contri-
butions by the Housing Authority would be supplemented with about $45,000
in loans and grants from the Farmers Home Administration.
This program requires no additional County funds.
4
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ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
(4-0) approved the Community Services Block
Grant Program Agreement with the Florida
Department of Community Affairs and authorized
the signature of the Chairman.
Said Agreement is on File in the Office of the Clerk
B. Budget Amendment, Gifford Improvements & General Road
Improvements
The Board reviewed staff recommendation, as follows:
TO: Board of County Commissioners DATE: March 30, 1984 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Gifford Improvements and
General Road Improvements
REFERENCES:
The following budget amendment is to allocate the funds from the Secondary Gas Tax Fund
to Gifford Improvements Fund and General Road Improvements for expenses of the projects
for the balance of the fiscal year.
Account Title
Gifford Improvements:
Engineering Services
Other -Prof. Services
Legal Ads
Transfers In
Transfers Out
Reserve for Contingency
General Road Improvements:
Paving Materials
Traffic Signals
Reserve for Contingency
JKBJdw
Balance in Reserve
$387,243.
{SPR 111984
Account No.
Increase Decrease
105-214-541r33.12
10,000
105-214-541-33.14
3,500
105-214-54134.91
110
105400-38120.00
13,610
109-199-58199.21
13,610
109-199-581-99,91
13,610
109-214-541-35,31 7,000
109.-214-54135.36 15,000
109-199.581-99,91 22,000
5 n
BOOK 56 - PAGE 689
I
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APR 111984 Book 66 PacE690
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) approved the above budget amendment
as recommended by staff.
C. Award Contract & Authorize Application for Boating Trust
Funds for Extension of Dock at Blue Cypress Lake Park
The board reviewed memo of Engineering Technician
Finney, as follows:
TO: The Honorable Members of the
Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
VIA: James W. Davis, P.E.
Public Works Director
FROM: Donald G. Finney S
Engineering Technician
DESCRIPTION AND CONDITIONS
DATE: April 4, 1984 FILE:
SUBJECT: Extension to Boat Dock -
Blue Cypress Lake County Park
REFERENCES:
Since the County has constructed a floating boat dock at the launching ramp
at Blue Cypress Lake last year, there has been a considerable increase in usage.
A need now exists for adding an extension to this dock to accommdate more boats.
The Board of County Commissioners requested staff to get estimates and
inform the Board. I received two estimates for a 5' x 12' wood floating dock
as follows:
1) John Hamilton & Sons, Inc. $1,692.00
2) Florida Marine Contractors, Inc. $1,836.00
RECOVMMATIONS AND FUNDING
It is requested that the Board award the contract to John Hamilton and Sons,
Inc. (the lower estimate) to construct and -install the dock for a total price
of $1,692.00.
It is requested that the Board authorize staff to apply for funding through
the Florida Boating Improvement Trust, with no expenditure to the County.
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ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) awarded the contract to the low bidder,
John Hamilton and Sons, Inc., to construct
and install the dock extension at Blue Cypress
Lake Park and authorized staff to apply for
funding through the FLorida Boating Improvement
Trust Funds.
D. Award Bid - Replacement of Dune Crossover at Tracking
Station Park
The Board reviewed memo of the Public Works Director:
TO: The Honorable Members of DATE: April 4, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator SUBJECT: Award of Bids -
Replacement of North Dune Crossove
at Tracking Station
FROM: James W. Davis, P.E. REFERENCES:
Public Works Directo
DESCRIPTION AND CONDITIONS
Approximately $20,000 is available from the $285,000 Tracking
Station Park Project Account that is uncommitted. The Parks
Department and Recreations Committee recommend the removal of
the old Dune Crossover north of the two recently built crossovers
and construction of a new crossover at this location.
DNR permits have been applied for to accomplish this work,
and the grant funds can be used for this addition.
Staff publically advertised the work and three (3) bidders
responded as follows:
John Hamilton and Sons, Inc $15,671.86
James Warr, Contractor $17,000.00
J.B. Walker Construction $21,874.00
RECOMMENDATION AND FUNDING
Staff recommends award of bid to John Hamilton and Sons,
Inc. in the amount of $15,671.86, subject to the County receiving
DNR approvals and authorization to proceed.
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APR 1 X984
B06K 56 PAGE 691
F
r APR 111984
NO
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) awarded the bid for replacement of the
north dune crossover at the Tracking Station
Park to low bidder John Hamilton and Sons,
Inc., in the amount of $15,671.86, subject
to the County receiving DNR approvals.,
E. Award of Bid #200 - Road Striping Paint
56 PACE 692-,
The Board reviewed memo of the Purchasing Manager, as
follows:
TO: Board of County Commissioners DATE: April 4, 1984 FILE:
THRU: Michael Wright
County Administrator
SUBJECT: IRC BID #200 - Road Striping Paint
FROM: � -..��r . �
Caroly oodrich, Manager
REE���iCES.
Purchasing Department
I. Description and Conditions
Bids were received April 3, 1984 at 11:00 A.M., for IRC Bid #200 - Road Striping
Paint for the Traffic Engineering Department.
7 Bid Proposals were sent out, 4 bids were received.
2. Alternatives and Analysis
This bid replaces IRC Bid #180 (an annual bid) which was cancelled due to the
unacceptable age and quality of the paint received from Redland Prismo. This
bid will be effective until September 30, 1984, at which time it will be re -bid
on an annual basis.
All bids met specifications. The low bid was submitted by Glidden Paint & Wall -
covering Store, Vero Beach. The paint is manufactured by Cherokee Safety Markings,
Canton, Ga., with the Glidden label.
3. Recommendations and Funding
It is recommended that IRC Bid #200 be awarded to the low bidder, Glidden Paint
& Wallcovering.
Funds to come from Account #004-245-541-35-35.
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ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) awarded Bid #200 for Road Striping
Paint to the low bidder, Glidden Paint &
Wall Covering Store, for paint as listed on
the following Bid Tabulation.
U i
BOARD OF COUNTY COMMISSIONERS
2145-14tj: Avenge y
Vero Beach. F1904a 32980
•� t
1 • C� QQ w ori
BID TABULATION
BID NO. DATE Or OPENING vo aj �Q4
IRC 8i0 11200 Aril 3 1984 Dec as m
o
BID TITLE D �` 4�,
ROAD STRIPING PAINT
ITEM
NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
ROAD STRIPING PAINT
1. TYPE 1 - White (5/gal Pails)
PRICE PER GALLON S. 20 6 7 951 6 50
PRICE PER GALLON 5 20 51 841 7 95 6 8
i
3. Days required for.delivery
Days 10 Dar 10 D ys 10-14 10 a
I Days
II II II II iI II II II a
DISCUSSION RE FRANCHISING OF SEPTAGE HAULERS
Utility Franchise Administrator Joyce Hamilton reviewed
the following memo and recommendation:
RPR 11 1984
9
' BOOK 56 FACE�.93
APR 1 1 V84 BOOK56 PAGE 6,94
r
TO: The Honorable Members of DATE: April Z,' FILE:
the Board of County Commissio ers
THROUGH: Terrance G. Pinto
Utility Services Director
SUBJECT: SEPTAGE DISPOSAL
FROM: Joyce S. Hamilton REFERENCES: A) Special Acts
Franchise Administr for Chapter 59-1380
Utility Services
DESCRIPTION AND CONDITIONS:
As you are aware, our current method of lagooning septage
at our Landfill is going to be phased out by DER in the
near future. On October 12, 1983, Environmental Health
Director, --M. J. Galanis came before you with a presentation
from the H.E.S. corporation, a company which treats septage
and makes it into a bi-product which is environmentally
safe to dispose.
The Board instructed this department's staff to work with
HES and come back with a franchise proposal and also to
address the franchise requirement for the existing tank
truck operators.
Since that date, this department has been contacted by two
other companies interested in performing similar services.
ALTERNATIVES AND ANALYSES:
Competition might well serve the need to keep this type of
operation competitive in rates and other agencies (i.e. DER)
will serve as the regulatory agents to insure compliance
with state health laws.
Therefore, this department is looking solely to the tank
truck operators in the same manner as we look to haulers
of solid waste.
Franchising the haulers will serve two purposes:
1) regulate rates charged to consumers
2) deter dumping loads in isolated locations by
making this action grounds for default of franchise
thereby putting hauler out of business
RECOMMENDATION:
Special Acts Chapter 59-1380, Section 2(c)(2) authorizes the
Board to grant franchises for any undertaking in which sewage
is received, processed, treated and/or distributed (Exhibit "A").
The Board has had this authority to regulate this utility
since May 9, 1959. At this time, staff recommends the Board
activate its authority to franchise septage haulers.
10
Utilities Director Pinto commented that the Board would
be looking>>at franchising the septage haulers exactly the
same as they franchise the trash haulers. Franchising them
is somewhat different than franchising a private utility
company since it is not proposed to get into monitoring the
rate of return on investment. The franchise basically is
intended to control the environmental aspects of the
operation. When a hauler is franchised, they will come in
and make their rates a part of the record. Rates can be
different among the haulers, and the competition would serve
to adjust them. Most important is that they cannot operate
without a license, and if they do violate any regulations,
i.e., such as dumping in an unauthorized area, the franchise
would be revoked. Mr. Pinto stressed that his major concern
was to get this process under control so we can get it out
of the Landfill where it is creating a real problem.
Chairman Scurlock wondered if we have the ability on
staff to monitor this, and also asked what the franchise
will achieve since it already is unlawful to dump in
unauthorized places.
Commissioner Lyons felt the difference is that you will
not be able to haul septage at all if you don't abide by the
rules.
Commissioner Wodtke was in favor of having some control
to ensure these haulers meet environmental standards, but
felt strongly that we should stay entirely out of the rate
situation as he believed competition will take care of that.
Chairman Scurlock agreed with Commissioner Wodtke since
this is very different than franchising utilities.
Considerable discussion ensued, and Administrator
Wright felt that what the Board is talking about is a
licensing procedure rather than a franchise. He suggested
going to a licensing procedure through the Utility
Department.
11
APR 111984
BOOK 56 PAGE 695
APR 111984 BOOK 56 PAGE 6.96 t
Chairman Scurlock believed the Commission is indicating
that they are willing to go with either a license type
operation or a franchise so long as we don't get involved in
the rates.
Attorney Brandenburg explained that the Board could set
up a limited franchise; we could have a very short ordinance
stating that no septage hauler can conduct business here
without first obtaining a permit from the county, and as a
condition to the permit, they would be required to enter
into a very short franchise laying out the standards
mentioned by the Utility Director, requiring depositing the
material at an approved site, etc.,
Michael Galanis, Director of Environmental Health, felt
he had a bit of conflict. There still is a problem with the
fly-by-night operators; so, the State is proposing to
license them, etc., effective July 1st. If the County has a
license fee, and he also has a license fee, there could be a
problem.
Chairman Scurlock stressed that we do not want to get
into a bureaucratic situation and have a duplication of
fees. He felt if Environmental Health wants to handle this,
that would be fine.
Mr. Galanis pointed out his problem is that even when
the state authorizes the licensing procedure, his only
option for enforcement is Circuit Court. The approach he
would rather see is through a local ordinance so that
violations can be dealt with through the Code Enforcement
Board at a local level. He continued that the DER has a new
septic and sludge hauling rule (17-7) on which they are
- planning to hold a workshop here soon. His rules will be
based on the DER rules, but where the system breaks down is
enforcement, and Mr. Galanis believed a local ordinance
would provide the answer.
12
Director Pinto suggested since we also depend on state
regulation, that we take the state law on requirements and
adopt them into our franchise as our law, and if it is
possible, the Utility Departments involvement would be no
more than asking for the franchise and giving Mr. Galanis
the authority to follow it through and take it to our own
local board if there is a problem. He stressed that haulers
are not a utility; they are not sewage treatment plants, and
we would prefer to be out of the picture altogether except
that they are dumping at the Landfill and creating a
tremendous problem, which must be resolved.
Mr. Pinto informed the Board that they had also looked
at the possibility of franchising the operation that is
proposing to accept and treat the septage, but that
operation had so many aspects, i.e., turning the septage
into a bi-product and selling it, using the water from the
process to irrigate a nursery, etc., that he did not feel we
would want to become involved in regulating it.
Commissioner Bird believed that what we are trying to
accomplish is more like a license, and wished to know if we
can't handle this with a license rather than a franchise,
which he felt grants a territory and a certain exclusive-
ness.
Administrator Wright believed that what we are trying
to do is use the franchise part of the ordinance but make it
a license, and Director Pinto confirmed that what he is
saying is take the franchise rules and make them part of the
license.
Chairman Scurlock suggested that the Board authorize
staff to iron out the details and bring back a recommenda-
tion. The Board members agreed.
George McCullers, septage hauler, stated that he
personally could not see any advantage in having a
franchise. He noted that his trucks are numbered and
13
APR 111984 gooK 56 FACE697
APR 111984 Boa 56 PAGE 698
permitted by the Health Department, and any truck that is
not checked and permitted should not be operating in the
county. Mr. McCullers believed that the local septage
haulers can work this out with the Health Department.
Commissioner Bird asked if Mr. McCullers had any
problem with a licensing approach, and Mr. McCullers stated
that he did not have any problem with that. He believed
they can work out the permit situation with Mr. Galanis, and
felt the local authority has been doing a good job.
RANKING OF ENGINEERING FIRMS FOR SEWER MASTER PLAN
Utilities Director Pinto announced that four
engineering firms submitted proposals and the selection
committee met and interviewed all four. He noted that the
committee's decision was unanimous to the point where each
one of the persons on the committee independently came up
with the exact same ranking of the firms as explained in the
following memo:
TO: The Honorable Members of thDAT'E: April 9, 1984 FILE:
Board of County Commissioners
THROUGH: Michael Wright
County Administrator
SUBJECT: SELECTION OF CONSULTING
ENGINEER FOR COUNTY
WASTEWATER MASTER PLAN
FROM: T`��'�,t���
Utility Services Di recto�EFERENCES:
DESCRIPTION AND CONDITIONS:
The County Commission authorized the Administrator to receive
proposals from consulting engineers to establish a wastewater
master plan and to establish a Selection Committee to carry
out interviews and make a recommendation.
14
ALTERNitTIVES AND ANALYSES:
The Selection Committee comprised of:
Terrance Pinto
Jim Davis
Gary Brandenburg
Jeffrey Barton
received proposals from four (4) consulting engineering firms -
and requested interviews from each. These four were:
Greeley &Hansen Engineers Carter & Associates
Lloyd & Associates Mosby & Associates
The Committee analyzed the qualifications, experience and pricing
methodology of the firms.
RECOMMENDATION:
This Committee recommends the Board authorize the Administrator
and/or his designee to negotiate the cost of the proposed project
starting with Carter & Associates and if in fact a suitable fee
cannot be reached, be authorized to negotiate with Greeley &
Hansen and proceed in same manner with Lloyd & Associates if in
fact agreement cannot be reached with the number two firm.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
(4-0) authorized the Administrator or his
designee to negotiate with Carter & Associates
and if agreement cannot be reached, then to
negotiate with Greeley & Hansen Engineers, etc.,
as recommended by the Selection Committee.
PUBLIC HEARINGS REDESIGNATION AND REZONING OF BARDELIS
PROPERTY (ERCILDOUNE HEIGHTS)
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notices with Proofs of Publication
attached, to -wit:
15
APR 111984 BOOK 5,6 PAGE 699
APR 111984
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
8
in the matter of J_ ` a"ret e /l �5
in the Court, was pub -
fished in said newspaper in the issues of2g// • /CD
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 thepurpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bef 9fe me s day of • A.D. 19
.16c A
siness Manager)
IOU
(Clerk of 4theCirAcuit Court,LRianer County, Fforida}
(SEAL)
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of C / ar'vI Q ll'
in the
Court, was pub-
lished in said newspaper in the issues of
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.
Sworn to and subscribed bethre meAis (?,,- day of A.D. 19 �?
ness Manager)
(Clerk of the Circuit Court, ILfioan River County, Florida)
(SEAL)
BOOK 56 PAC Ei
ICE — PUBLIC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
Notice of hearing to consider the adoption of
a County Ordinance to amend the Comprehen-
sive Plan by redesignating land from:
LD -1, "Low Density Residential 1," (up to
3 units/acre) to LD -2, "Low Density
Residential 2," (up to 8 units/acre). The
subject property presently owned by
Charles and Mary Bardelis Is located on
the northeast corner of 142nd Street and
80th Avenue.
The su''act property Is described as:
Lots 1 through 5 Inclusive, Block F, ER-
CILDOUNE HEIGHTS SUBDIVISION, NO.
2, according to the plat, thereof recorded
in Plat Book 4, Page 5, Indian River
County Records; said land lying and
being in Indian River County, Florida.
The Board of County Commissioners will con-
duct a public hearing regarding the appeal by
the applicant of the decision by the Planning and
Zoning Commission to recommend disapproval
of the rezoning request. The public treating, at
which parties in interest and citizens shall have
an opportunity to be heard, will be held by said
Board of County Commissioners In the County
Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street,
Vero Beach, Florida, on Wednesday, April 11,
1984, at 9:30 A.M.
If any person decides to appeal any decision
made on the above matter, 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 in-
cludes testimony and evidence upon which the
'appeal Is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
Mar. 23, Apr. 5, 1984.
NOTICE — PNBILIC HEARING
i Notice of hearing to consider the adoption of
a County Ordinance rezoning land from:
C-1, "Commercial District" to R -2D "Mul-
tlple-Family District" The subject prop.
arty presently owned by Charles and
Mary Bardelis is located on the northeast
comer of 142nd Street and 80th Avenue.
The sub(ect property Is described as:
Lon 1 =rough 5 Inclusive, Block F, ER-
CILDOUNE HEIGHTS SUBDIVISION, NO.
2, according to the plat thereof recorded
In Plat Book 4, Page 5, Indian River
County Records; said land lyinrrgg and
being In Indian River County, Florida.
The Board of Canty Commissioners wui con.
,duct a public hearing regarding the appeal by
the applicant of the decision by the Planning and
Zoning Commiesian to recommend disapproval
Of the rezoning request. The public hearing, at
which parties in Interest and citizens shall have
an opportunity to be heard, win be held by said
Board of County Commissioners in the County
Commission Chambers of the County Adminis-
tration Building, located at 1840 25th Street;
Vero Beach, Florida, on Wednesday. April 11,
1984, at 9.330 A.M.
If any person decides to appeal any declaim
made on the above matter. he/she will need a
record of the proceedings, and for such pur-
poses, he/ahe may need to ensure that a verba-
tim record of the proceedings Is made, which in-
ciudes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commiesiohers
B: -s -Don C. Scurlock Jr.
Chairman
IMar. 23, Apr. 6. 1984.
1E
Chief Planner Richard Shearer reviewed staff memo and
recommendation, as follows:
TO: The Honorable Members of DATE:March 12, 1984 FILE:
the Board of County
Commissioners CHARLES & MARY BARDELIS
REQUEST TO REDESIGNATE
1.56 ACRES FROM LD -1 TO
DIVISION HEAD CONCURRENCE: LD -2 AND TO REZONE FROM
SUBJECT: C-1 To R -2D
Robert M. Keati g, F CP
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES: Bardelis P&Z Memo
.Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 11, 1984.
DESCRIPTION & CONDITIONS
The applicants, Charles and Mary Bardelis, are requesting to
redesignate 1.56 acres located at the northeast corner of 142nd
Street and 80th Avenue from LD -1, Low -Density Residential 1 (up
to 3 units/acre), to LD -2, Low -Density Residential 2 (up to 6
units/acre), and to rezone from C-1, Commercial District, to
R -2D,. Multiple -Family Residential District (up to 6 units/acre).
The applicants own all five lots of Block F,.Ercildoune Heights
Subdivision. They propose to develop this property as
duplexes.
On February 23, 1984, the Planning and Zoning Commission voted
4 -to -1 to recommend approval of the request to redesignate the
subject property from LD -1 to LD -2. However, the Commission
voted 3 -to -2 to deny the request to rezone the subject property
from C-1 to R -2D. The general feeling of the Commission was
that they wanted to preserve the single-family nature of the
area.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
Ercildoune Heights Subdivision is different than most
residential subdivisions because many of the lots have frontage
on U.S. 1 and are zoned commercial. About one-third of the
lots in Ercildoune Heights Subdivision have never been developed.
17
APR 11 1984
BOOK :56 PAGE 701
I _
APR 111984
BOOK 56 � PA6.E 02'I '
Much of the subdivision was originally zoned C-1, and all but -
three of the lots that have access to U.S.1 have been developed
for commercial uses. Several years ago, however, part of the
subdivision was rezoned from C-1 to R-1, Single -Family
Residential District (up to 6.2 units/acre).
The subject property is currently vacant. Directly north of
the subject property is Block "B" of Ercildoune Heights
Subdivision which was rezoned from C-1 to R-lAA, Single -Family
Residential District (up to 2.6 units/acre), in September,
1983. Based on the LD -1 land use designation, the R-lAA zoning
was the most appropriate district. However, the minimum lot
size in the R-lAA District is larger than the lots in this
subdivision, so the rezoning created nonconforming lots. This
R-lAA property currently contains two single-family dwellings,
a guest house and four vacant lots. Northeast of the subject
property (east of the R-lAA property) is a bowling alley, a
service station, a body shop, and an auto parts store, all
fronting on U.S. 1 and zoned C-1. Further north is a motel.
West of the subject property are single-family homes adjacent
to the Sebastian River in an area presently zoned R-1. The
area south of the subject property is also developed as single-
family residences in an R-1 zone. The property southeast of
the subject property is currently undeveloped and zoned C-1.
Immediately south of that parcel is the Humana Hospital.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and most
of Ercildoune Heights Subdivision as LD -1, Low -Density
Residential 1 (up to 3 units/acre). The Plan also designates a
25 acre tourist/commercial node north of the subject property
and a 70 acre hospital/commercial node south of the subject
property. The subject property, however, does not seem to be
appropriate for commercial uses because of its proximity to the
single-family residences to the north, south, and west and
because of its distance from U.S.1. Therefore, a rezoning from
commercial to residential seems appropriate.
Under the LD -1 land use designation, the most appropriate
zoning district is the R-lAA District which allows a maximum of
2.6 units/acre. However, the property northeast of the subject
property can be included in the tourist commercial node and the
vacant property to the southeast (adjacent to the hospital)
should be included in the hospital/commercial node. Because of
the proximity of the subject property to the commercial and
potential commercial uses along U.S.1, a rezoning to R-lAA
would not result in an appropriate land use arrangement. A
more appropriate land use arrangement could be achieved by
rezoning the subject property to a multi -family zoning
district, a designation which would provide for the
establishment of a land use buffer between the commercial uses
along U.S.1 and the single-family residences along the
Sebastian River.
Because there are no multiple -family zoning districts which
conform to the LD -1 land use designation, the subject property
would have to be redesignated to LD -2, Low -Density 2 (up to 6
units/acre), or another higher density land use designation in
order to achieve this land use buffer. Because a large part of
Ercildoune Heights Subdivision is zoned R-1 (allowing up to 6.2
units/acre), the LD -2 land use designation seems to be more
appropriate for the residential part of the subdivision than
the LD -1 land use designation.
18
M
Transportation System
The subject property has direct access to 143rd Street, 80th
Avenue, 142nd Street, and 110th Street (all classified as local
streets on the County's Thoroughfare Plan). The development of
the subject property for duplexes would generate 49 average
annual daily trips (AADT). If the subject property were
rezoned to a single-family zoning district, it would generate
50 AADT. All of these trips can be expected to use U.S.1 which
currently carries 9200 AADT in this area at level -of -service
"A"
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood prone area.
Utilities
County water and wastewater facilities are not available for
this part of the County.
RECOMMENDATION
Based on.the above analysis, including the existing land use
pattern, the proximity of the subject property to the
commercial nodes in this area and the Planning and Zoning
Commission's recommendation, staff recommends that the subject
property be redesignated from LD -1, Low -Density Residential 1,
to LD -2, Low -Density Residential 2. The Planning and Zoning
Commission voted to deny the applicant's rezoning request for
the reason stated in the description and conditions section of
this analysis. However, the staff feels that a rezoning from
C-1 to R -2D would be appropriate because it would be a down
zoning consistent with the recommended LD -2 land use
designation, and would provide for a suitable land use buffer
between the commercial and single-family residential uses.
Commissioner Lyons wished to know if the Bardelis
property is already subdivided into lots.
Mr. Shearer reported that it is subdivided into five
lots, each of about 10,000 sq. ft. The subdivision itself
has lots ranging in size from 10,000 sq. ft. to 3 acres.
This is an unusual situation where it was planned as two
separate subdivisions, and they were platted one year apart.
However, most of the lots fronting on U.S.I. have been
developed Commercial while the lots along the river are
single family homes, except for doctor's office. The lots
in the in-between Blocks B, C, and F, have not developed to
a great extent, there being only three homes on those three
blocks; so, obviously there has been some problem. Much of
the subdivision originally was zoned C-1; part was rezoned
19
fl00K 56 PACE .7
APR 111984
APR 11984 Box 56_ qac 704'A
to R-1; and last fall Block B was rezoned to R-1AA. It was
then staff first noticed we had a problem because the R-lAA
created non -conforming lots. Mr. Shearer continued to
review staff's reasons for recommending the redesignation to
LD -2 and rezoning to R -2D, noting that the Planning & Zoning
Commission voted 4-1 to approve a change of the Land Use
Plan to LD -2, but voted 3-2 to deny the downzoning to R -2D.
He noted that almost all of Block F, the subject property,
is zoned C-1; just the tip of one lot is R-1. When this
first came up, staff felt R-1 would be appropriate for most
of the land, but since R-1 allows a density of 6.2 per acre,
it would not be allowed under LD -1.
Chairman Scurlock asked if the residents' objections
would have been overcome by R-1, and staff felt that density
is not so much the issue as multi -family vs. single family.
Commissioner Bird felt that a reasonable compromise,
which would allow the owner to use his property would be to
go ahead with the LD -2 designation and then rezone the
property to R-1 which would allow the lots to be used for
single family homes since the density would be all right
under the Plan.
Chairman Scurlock agreed. He noted that we have tried
to address this problem many times, but U.S.I is so unique
and there are so many individual situations, it is hard to
develop an overall policy.
Chairman Scurlock opened the floor to the public and
asked if anyone wished to be heard.
Attorney David Cairns came before the Board, repre-
senting the applicants, Charles and Mary Bardelis, and
- stated that he believed the comments made by staff are
basically in conformity with their thoughts as well. He
hated to say right off that R-1 would be fine because he
felt several points should be made. He emphasized that when
Mr. Bardelis originally acquired this property it was
20
M M
commercial; it still is; and he has paid taxes on it as
commercial; however, since it is not in compliance with the
Land Use.Plan, Mr. Bardelis found that he could not develop
it as commercial. Attorney Cairns pointed out that if you
stand on U.S.I, you can see the subject property clearly,
and he believed that proximity speaks against it going to
R-lAA. At the southern tip of Block E, which is just
northeast of it, there is a dirt road where the Ercildoune
Bowling Alley and its parking lot are located. The property
to the southeast is undeveloped, but may very well be
included in the hospital node in the,future so that in all
likelihood his client's property will be looking into
commercial property. The reason the applicant wanted
multiple was to build duplexes because he felt it would be
easier to develop the property that way. Attorney Cairns
pointed out that just because single family homes are built
does not necessarily mean they will be owner occupied; they
could be rental units also. He emphasized that duplexes are
not necessarily eyesores, and stated that as an alternative,
he would like to see the Board consider a classification of
R -2A, which is multi -family but has a maximum density of 4
units per acre.
Discussion followed re several possible alternatives,
including rezoning four lots of the subject property to R-1
and leaving the one tip lot in R-2, rezoning four lots and
leaving the tip lot C-1, or including all the property in
one of the nodes and keeping it C-1.
Chairman Scurlock stated that he favored Commissioner
Bird's original suggestion, which was to redesignate to LD -2
and rezone to R-1, and he would like to determine the
residents' reaction to that suggestion.
Mrs. Clarice Hall, 8036 141st St., came before the
Board representing property owners of Ercildoune Heights and
Commissioner Bird explained that R-1 would limit structures
21
APR 11 IJ84 BOOK 56 PACE X65
APR 11 1984 BOOK 56 PAGE 706 r
to single family but would allow up to 6 units per acre. He
noted that they are guaranteed, however, that it won't be
built at a density of 6 because of the platted lot size. The
LD -2 designation would make it consistent with the
Comprehensive Plan, and R-1 zoning would result in one
single family home on each lot.
Mrs. Hall stated that she could not speak for the
residents' feeling on this suggestion because this is the
first they have heard of it. She asked the property owners
present to stand up, and about 30 stood to denote that they
were opposed to the rezoning addressed today. Mrs. Hall
emphasized that they want single family dwellings and 3
units per acre. She further stressed that all the people
present today are permanent residents; they love their
community; and want to keep it single family. Mrs. Hall
knew of no problem with the bowling alley or the noise from
U. S. 1, and her one objection, in addition to multiple
family dwelling, was to have people who are not living in
the subdivision asking to change it. Mrs. Hall then
submitted letters from eight residents of Ercildoune Heights
objecting to the proposed rezoning. The eight property
owners are listed as follows and their letters are on file
in the office of the Clerk.
June D. Welsh
Fred & Cecilia Bates
Anne and Angelo Barbieri
Mr. and Mrs. Everett Cane
George and Shirley Halcomb
Dr. and Mrs. William Richardson
.Carroll and Eugenia Moser
Adele Lapham
Chairman Scurlock believed what Mrs. Hall has said
would be pretty much in line with what Commissioner Bird is
suggesting.
22
Commissioner Wodtke pointed out that on their petition,
the residents had favored a rezoning to R-1, and he tried to
clarify further the Land Use designation and the zoning you
could have with LD -1 and LD -2.
Sidney Mason, resident of 1436080th Ave. and owner of
14460 80th Ave., informed the Board that he bought his
property knowing that the motel would be expanding and would
be right behind his house. He did not appreciate the County
staff trying to teach the residents what is best for them.
Mr. Mason emphasized that he does not deal in concepts; he
deals in realities, and the reality is a lovely community
with permanent residents who want a community of single
family dwellings. He urged the Board to vote against
rezoning to R -2D and requested that they support changing
the zoning to R-1 single family. Mr. Mason then presented
the Board with a petition supporting rezoning the entire
subdivision to R-1, which was signed by all the residents of
Ercildoune Heights.
(Said petition is on file in the Office of the Clerk.)
Chairman Scurlock felt what the Board is suggesting at
this time is consistent with Mr. Mason's request.
June Jones, 14385 80th Ave., stated her strong opposi-
tion to the proposed rezoning to R -2D, and also to the sug-
gestions made by the Board in regard to changing to LD -2.
Considerable discussion ensued as the Board tried to
explain the relationship of Land Use designations and
zoning. They assured Mrs. Jones that Commissioner Bird's
suggestion of LD -2 and rezoning to R-1 would accomplish what
the residents' desire.
Virginia Reed asked if the property is redesignated to
LD -2 and Mr. Bardelis sells his property, what is to stop
23
APR BOOK 56 PAGEl70'7
1 1 1984
1PR11
1984
BOOK
56t, PAGE
someone from coming in for a higher zoning.
She did
not see
why they couldn't stay with LD -1 and R-1.
The Board again explained that cannot be done, and
further noted that anyone can come in every year and
petition for rezoning.
Mrs. Reed then noted that her property is LD -1 and
zoned R-1, and it was explained that her property is
grandfathered in.
Attorney Byron Cooksey came before the Board repre-
senting Dr. and Mrs. Kelso. He informed the Board that the
Kelsos are unalterably opposed to rezoning to multiple
family or the continuation of it as commercial since it
would not be in keeping with the Land Use Plan. Based on
the fact that most of the property in Ercildoune Heights is
R-1 presently and because you could have only five single
family residences under the designation of LD -2 and R-1,
they would be agreeable with that as being in conformity
with the rest of the subdivision. Attorney Cooksey
reiterated that the Kelsos do vehemently object to any
commercial use or any multiple family use.
John Adkins, 14195 80th Ave., emphasized that all the
residents are proud of their neighborhood, and they do not
want multiple family dwellings in their area or any more
density.
Ellis Stapleton, 8065 142nd St., also spoke in
opposition to multiple family dwellings.
Arthur Jones, 14385 80th Ave., affirmed his opposition
to a change to anything other than single family. He
pointed out that any change will affect 65 lots, 75% of
which are already developed and emphasized that they do not
need a buffer zone.
R. L. Brown, 14395 80th Ave., felt the map displayed is
a little misleading and did not see how you can have a
24
I
buffer zone when there is only three blocks.. Mr. Brown
complimented the Board on trying to keep the area R-1.
The Chairman determined that no one else wished to be
heard.
Attorney Cairns felt it would be fitting to have
rebuttal. He believed some of the comments made about Mr.
and Mrs. Bardelis were out of place. They do live in Cocoa,
not in outer space, and, as a matter of fact, this is
private property week. Attorney Cairns believed that what
has been proposed is a reasonable use - the County staff,
who are professional people, have made a recommendation that
R -2D would be appropriate, and the applicants must have some
change as they cannot use the property the way it is.
Discussion ensued as to whether a change to LD -2 and
R-1 would be compatible with the advertisement, and the
Attorney confirmed that it was.
In an attempt to allay some fears, Attorney Cairns
noted that even if Mr. Bardelis should attempt to replat, he
still would be limited because you must have 1/2 acre for
septic tanks.
Howard Powell, 8026 141st St., believed that when Mr.
Bardelis bought his property he knew what kind of a
neighborhood Ercildoune Heights was. He noted that Mr.
Bardelis is a member of the Ercildoune Heights Property
Owners Association, and at one meeting stated that he would
like to have his property rezoned so he and his wife could
live there. Mr. Powell agreed they have a right to live
there, but stressed that the residents want it to stay
single family.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) closed the public hearing on the Land
Use redesignation.
25
APR111984
4
BOOK 56 PAGE 709
I
r .1,
APR 111984
BOOK `50 PAGE 710
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) adopted ordinance 84-19 changing the
Land Use designation of the Bardelis property,-
Lots
roperty;Lots 1-5 inclusive, Ercildoune Heights Subdivision,
No. 2, from LD-l.to LD -2.
ORDINANCE NO. 84-19
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
redesignate the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE;
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Element of
the Comprehensive Plan of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
1. That the Land Use Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
Lots 1 through 5 inclusive, Block F, ERCILDOUNE HEIGHTS
SUBDIVISION, NO. 2, according to the plat thereof
recorded in Plat Book 4, Page 5, Indian River County
Records; said land lying and being in Indian River County,
Florida.
Be changed from LD -1, "Low Density Residential 1" to LD -2,
"Low Density Residential 2".
All with the meaning and intent and as set forth and
described in said Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this llthday of April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SCURLOCK, JR.
Chairman
26
The Chairman opened the public hearing on the rezoning
of the Bardelis property which was discussed during the
prior hearing on the redesignation of said property. No one
wished to be heard further.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) adopted Ordinance 84-20 rezoning the
Bardelis property, Lots 1-5 inclusive, Ercil-
doune Heights Subdv.No. 2, from C-1 to R-1.
ORDINANCE NO. 84-20
WHEREAS, the Board of County Commissioners of.Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River'County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
Lots 1 through 5 inclusive, Block F, ERCILDOUNE HEIGHTS
SUBDIVISION, NO. 2, according to the plat thereof
recorded in Plat Book 4, Page 5, Indian River County
Records; said land lying and being in Indian River County,
Florida.
Be changed from C-1, Commercial. District to R-1, Single -
Family District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this llthday of April
1984.
APR 111984
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SCU LOCK, JR
Chairman BOOK 6 PAGE 711 _
APR 111984 BOOK 5& FACE 71 . I
VACATE PLAT - PORTION OF DIXIE GARDENS, UNIT 3, SECTION 3
The hour of 10:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of 'D( .x I
in the Court, was pub-
lished in said newspaper in the issues
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.
Sworn to and subscribed bb fore mmthi day of 1 A.D. 19
1/1 v
(SEAL)
iness Manager)
rcult CurT,_"ian River County, Florida)
NOTICE — PUBLIC NEARING
Notice of hearing to consider vacating a por-
Ow of the plat of Dixie Gardens — Unit 3, Seo -
tion 3 S/D. I
The subject property is described as:
The Park Site, ging in the Northwest 14
of the Southeast 1ti of Section 24, Town-
ship 33 South, Range 39 East, DIXIE i
GARDENS SUBDIVISION UNIT 3, SEC-
TION 3, as recorded in Plat Book 6, page
71, Public Records of Indian River Coun-
ty, Florida.
The Board of County Commissioners will con-
duct a public hearing regarding the plat vacation
requwL The public heating, at which patties in
Interest Arid citizens shah have an opportunity to
be heard, will be held by said Board of County
Commissioners In the County Commission
Chambers of the County Administration Building,
located at 1640 2 -9th Street. Vero Beach, Florida,
on Wednesday. April 11, 1964, at 10:00 A.M.
It any person decides to appeal any decisson
made on the above matter, he/she will reed 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 in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Pon C. Scurlock Jr.
Chairman
Mar. 23, Apr. 4, 1984.
Planner Clare Poupard reviewed staff memo and recom-
mendation, as follows:
28
40
U
TO The Honorable Members DATE: March 27, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: PLAT VACATION REQUEST FOR
A PORTION OF DIXIE GAR -
SUBJECT: DENS UNIT 3, SECTION 3
' SUBDIVISION
Robert M. Keati g, CP
Planning & Development Director
Clare Z. Poupard 44- Dixie Gardens
FROM: Staff Planner` REFERENCES: DIS:CLARE
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on April 11, 1984.
DESCRIPTION AND CONDITIONS:
The applicant is requesting that the Board of County Commis-
sioners vacate a portion of the plat of Dixie Gardens — Unit
3, Section 3 Subdivision. The portion of the plat for which
the request has been made is the portion which has been
designated as a park site. The applicant bought this parcel
of land from the subdivision's developer and intends to
develop it with additional property to the south, as a land
condominium.
ALTERNATIVES AND ANALYSIS:
The park site in question has never been dedicated to either
the County or the homeowners in Dixie Gardens Subdivision.
Therefore, the County would not be vacating a park which it
owns or has an interest in.
According to Chapter 177.101 of the Florida Statutes, the
Board of County Commissioners must ascertain three facts
before it approves a plat vacation request. These facts are:
1) that the applicant holds fee simple title to the
land for which the request is being made,
2) that the vacation, if approved by the Board of
County Commissioners, will not affect the ownership
or right of convenient access of residents within
the subdivision
3) that all back taxes on the subject property have
been paid.
The applicant has submitted a deed to the Planning Department
showing that he holds fee simple title to the land in ques-
tion. The park site is at the end of a cul-de-sac. It is
bounded by the Lateral "J" Canal on its west side and the
applicant's property on the east and south sides. Therefore,
no lots within the subdivision will have their means of access
affected by a partial plat vacation. Also, Indian River
County's Tax Collector, Gene Morris, has submitted a letter to
the Planning Department certifying that all taxes on the
property have been paid.
Thus, all state requirements concerning plat vacation have
been met.
29
TPR 111984 600K ''56 PAGE 713
APR 111984 Boa 5& FACE 7A
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
a resolution vacating that park site portion of the plat of
Dixie Gardens - Unit 3, Section 3 Subdivision.
Comissioner Lyons inquired whether any change in zoning
would be required, and Mrs. Poupard stated that the zoning
will not change; the owner wants to develop this with the
rest of his property.
Commissioner Wodtke asked if this reverts to the
original owner, and Administrator Wright stated that the
applicant does own the property; it was never dedicated to
the County.
Attorney Sam Block commented that this situation is
similar to one which has occurred many times, where a
developer, which in this instance happened to be Southern
Gulf, just wrote park on the plat, but there was no
dedication.
Commissioner Bird asked'if he, for instance, bought a
building lot in Dixie Gardens and it said "park" on the
plat, would that give him some inherent right it will remain
a park.
Attorney Block stated that it is their position that it
does not. The so-called park property was never dedicated
or accepted by anyone. He continued that this property has
been owned by Mr. Mustapick since 1973, and it was severed
from Dixie Gardens at that time.
Administrator Wright commented that we are going to
wind up owning 7 acres across the canal from this property,
(the Treasure Coast sewer site and some DOT land) and if a
park develops in that area, it probably will be on that 7
acres.
The Chairman asked if anyone present wished to be
heard. There were none.
30
Attorney Block informed the Board that he does
represent the applicant, and they obviously endorse staff's
recommendation to approve vacating the park site.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-a0) adopted Resolution 84-25 vacating that
portion of Dixie Gardens - Unit 3, Sec. 3,
designated as the park site.
RESOLUTION
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF THAT PORTION OF
DIXIE GARDENS - UNIT 3, SECTION 3 SUBDIVISION DESIGNATED AS THE
PARK SITE.
WHEREAS, on March 16, 1984 the County received a
request for plat vacation from Mr. Andrew Mustapick of 700 Oslo
Road, Vero Beach, Florida, requesting. that the Board of County
Commissioners vacate the park site portion of the plat of Dixie
Gardens - Unit 3, Section 3 Subdivision as recorded in Plat
Book 6 Page 71.
WHEREAS, in accordance with Florida Statutes §
177.101, notice of a public hearing to consider said request
has been duly published; and
WHEREAS, after consideration of the request, support—
ing documents, staff investigation and report, and testimony of
all those interested and present, the Board finds that said
portion of subject plat is held in fee simple ownership by the
applicant and that vacation of the subject portion of the plat
will not affect the ownership or right of convenient access of
persons owning other parts of Dixie Gardens - Unit 3, Section 3
Subdivision.
APR 1 1994
31
BOOK 5 FAGS 71
_,
BOOK 56 PAGE 71.'
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. That portion of the plat of Dixie Gardens - Unit
3, Section 3 designated as the park site and described as:
The Park Site, lying in the Northwest 1/4 of South-
east 1/4 of Section 24, Township 33 South, Range 39
East, DIXIE GARDENS SUBDIVISION - UNIT 3, SECTION 3,
as recorded in Plat Book 6 Page 71 of the Public
Records of Indian River County, Florida, is hereby vacated and
said property is hereby returned to unplatted acreage, pursuant
to the authority vested in the Board by F.S. 177.101(3).
2. Notice of the adoption of this resolution shall
be forthwith published once within thirty (30) days from the
date of adoption hereof; and
3. The Clerk is hereby directed to record this
resolution together with the proofs of publication required by
Florida Statutes 177.101 in the Official Record Books of Indian
River County without undue delay
The foregoing resolution was offered by Commissioners
Bird who moved its adoption. The motion was
seconded by Commissioners Wodtke and, upon being put
to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioners Richard N. Bird Aye
Commissioners William C. Wodtke, Jr. Aye
Commissioner Maggy Bowman Absent
The Chairman thereupon declared the resolution duly
passed and adopted this 11th day of April , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: 2L C__
DON C. SCURLOCK, JR., C rman
32
REQUEST FOR PAVING OF APPLE WAY
The Board reviewed the following letter from Al Gilman
of Apple Way:
_tip h�_.r?11-Ss i O h Nr r
171-1Y 2�� �-- 1 "h /t1✓ r'`c� 4 s
----
--U &=T �'l/ U/ 2 y Y e r
n.
Public Works Director Davis reported that as a result
of the property owners' request, the Public Works Department
developed a cost estimate to bring the road up to County
standards. They have met with the property owners, who now
are coming back to the Commission and requesting that the
County proceed with developing the road. This would be
assessed 100% to the owners in Apple Way Subdivision and
once the reconstruction is complete, the road would be
dedicated to the County.
Commissioner Wodtke asked if we first would get the
money in escrow for the project and then proceed, and Mr.
Davis confirmed that was the intent and the preliminary
33
APR 111984 Boo 56' PA 17
APR 111984
BOOK
56
FACE 718
estimate cost is $19,600.00.
That cost is based on
the
County coming in, removing the existing surface, and
reconstructing a new base and wearing surface.
MOTION WAS MADE'by Commissioner Wodtke,
SECONDED by Commissioner Lyons, to approve
the reconstruction of Apple Way as discussed
and authorize staff to proceed with setting
up the assessment roll, etc.
Mr. Wiggins of Apple Way asked about the possibility of
financing the assessment over a two year period.
Public Works Director Davis explained that the two year
schedule has been used for existing roads the County
currently maintains. This is a new circumstance with a
private road.
In the following discussion, it was further explained
that when the County has allowed a two year repayment
schedule, we have adopted the current market interest rate;
actually, it is preferred that this be handled through the
local banks, if possible.
Administrator Wright believed we can handle this
through our normal petition paving process, except that
those assessed will have to pay 100% because it is a private
road, and they will have to pay financing costs.
Attorney Brandenburg noted that when the assessment
roll is adopted, if those assessed can find cheaper
financing at a bank, they certainly have that option.
Mr. Wiggins assumed that since all the residents on
Apple Way own the road, that the cost will be divided evenly
among all owners.
Chairman Scurlock explained that we have to go through
our normal process, but it is agreeable that it will be
divided equally.
34
THE CHAIRMAN CALLED FOR THE QUESTION.
It was.voted on and carried unanimously (4-0).
Public Works Director Davis noted that there has been
some concern that the drainage swale to the west of Apple
Way and the drainage swale on the east of Country Walk
Subdivision should be combined into one single Swale and the
berm between them knocked out. He asked if that is the
desire of the residents of Apple Way.
Mr. Wiggins stated that would be satisfactory to them,
and he believed the people in Country Walk do not want to
maintain that ditch any more than they do.
Mr. Wiggins wished to know when the County would start
the paving because if it is going to be very long, he felt
they would have to do some repair work.
Mr. Davis stated that Public Works has about 45
projects ahead of them and they only have one mixer. He
therefore, did not believe it can be accomplished this
calendar year.
Mr. Wiggins then asked Attorney Brandenburg if he had
gotten together with the Selma Corporation, the developer of
Country Walk Subdivision, in regard to their planting which
so far has not transpired.
Attorney Brandenburg thanked Mr. Wiggins for reminding
him and stated he will follow up on this further.
APPROVAL OF JAIL ARCHITECT'S AGREEMENT
Administrator Wright requested that this item be moved
to next week's agenda.
HUMANE SOCIETY RE CLOSING
Attorney Brandenburg noted that the Board entered into
a Sale and Purchase Agreement with the Humane Society which
had certain contingencies. These now have been taken care
of and the Society would like to close on the property. He
35
APR 111984
o0GK 50' PAGEy`719
APR 111984 APR111984
BOOK 56 ' FAGE 720
believed there is, however, one other item, Attorney
McDonough wishes to discuss.
Attorney McDonough, representing The Humane Society,
informed the Board that although the Humane Society is
hoping to obtain all monies needed through contributions,
there is the possibility that they may have to resort to
getting third party financing. In the event they do have to
go to a lending institution, they would have to ask the
County to add a clause to the existing contract to
subordinate the reverter clause. He did not believe that
Attorney Brandenburg has a problem with this.
Attorney Brandenburg confirmed that the County not only
has a right of first refusal on the property, but there also
is an automatic reverter in the event the Humane Society is
dissolved as a corporation or in the event they accept a fee
for medical services from an owner who has not relinquished
ownership. The bank, therefore, would have some concerns
about collateral.
Commissioner Wodtke could not believe that we could not
come up with some sort of document that would give the bank
sufficient security short of having to relinquish the
reverter in toto.
Commissioner Bird agreed that even though we may have
the power to subordinate the reverters, he was not sure we
want to trade them away.
Attorney McDonough noted that hopefully, the Humane
Society will not have to come to this point, but they did
want to bring it up.
Chairman Scurlock felt it is obvious that the,
Commission prefers alternatives other than subordinating the
reverter clause, but assured Attorney McDonough that the
Commission would be willing to give this consideration when
we get to that point.
36
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized the Attorney to close on
the sale to the Humane Society.
(QUIT -CLAIM DEED AND CLOSING PAPERS. ON FILE IN CLERK'S. OFFICE)
LETTER OF COMMITMENT - FLORIDA NATIONAL BANK (S.R.60 WATER
LINE PROJECT
Attorney Brandenburg reviewed the proposed Letter of
Commitment and informed the Board that Florida National Bank
has agreed to two additional changes. In paragraph 4, page
two, the completion date of December 31, 1984, will be
changed so that we will enter into an appropriate contrac-
tual arrangement with a contractor to make water available
to the project by March 1, 1985. The reason for that is
that the project has two aspects - one is running of the
line that will supply the water and the other is the
building of an elevated water- tank; we don't feel the tank
will be done at that time, but there will be water available
to the project and the cost figures are the same. If they
should be exceeded the bank has indicated this could be
renegotiated.
Other changes were at the suggestion of OMB Director
Barton. In paragraph 8, page three, where it says sinking
fund, he wanted different terminology "sinking fund
investment" so that the paragraph would read "Issuer shall
maintain at Bank the sinking fund investment or improvement
fund investment for all monies received......" The bank
has indicated that those changes are satisfactory with them,
and the Attorney recommended the Board authorize execution
of the Letter of Commitment today.
Attorney Block representing the utility company that is
involved, stated that they are anxiously awaiting the
Commission's decision, and he had no objection to the
proposed changes.
37
SPR 11 X994 '56 PAGE 721
Fr-
APR 111984
BOOT( 56' PAGE72-2,
Z-2.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) authorized the Chairman to execute the
acceptance of said Letter of Commitment with the
the changes as outlined above.
FLORIDA NATIONAL BANK
April 11, 1984
Indian River County Commission
County Administration Building
1840 25th Street
Vero Beach, Florida 32960
Attention: Gary M. Bradenburg, Esquire
Gentlemen:
We are pleased to advise that Florida National Bank
has approved the purchase of Improvement Bonds ("Bonds")
to be issued by Indian River County, Florida ("Issuer")
to fund the construction of an extension of a 20 inch
water line from an existing water reservoir west of Oslo
Road to 43rd Avenue, north along 43rd Avenue to either
8th or 12th Street, west on said street to Kings Highway,
north on Kings Highway to State Road 60 and west on State
Road 60 to. Interstate 95 to service the developing area
west of Vero Beach (the "Project"). This letter outlines
the general terms and conditions under which Florida
National Bank ("Bank") will purchase the Bonds. The Bonds
shall be in an amount not to exceed $2,050,000 and will be
repaid by the Issuer from sPecial assessments against the
properties initially to be benefited by the Project, all
of which properties have reserved water taps with West
County Utility, Inc. ("Utility"). The Bonds will be pay-
able annually and mature on May 1, 1997 and will be subject
to, but not limited to, the following terms and conditions:
1. INTEREST RATE
The interest rate on the Bonds shall be 10% per
annum payable annually. It is understood that the in-
terest payable to the Bank is to be tax-free, and the Bank
will require an opinion of bond counsel confirming that
fact.
�3
2. BOND AMORTIZATION
Amortization of the principal of the Bonds shall be in
?' ten (10) consecutive annual installments of principal, the
first nine installments to be in the amount of $190,000.00
each and the final installment shall be in the amount of _
$340,000.00. The first payment of principal shall be due
and payable on May 1, 1987. Accrued interest on the unpaid
principal balance shall be payable annually on May lst of
each year commencing May 1, 1986. Notwithstanding the fore-
going, all monies.in the Sinking Fund (as hereinafter defined)
shall be paid to Bank as bondholder on the first day of May,
1986 and the first day of each November and May thereafter
until the bonds have been paid in full, such monies to be
applied first to accrued interest and the remainder to
principal. There shall be no acceleration of principal in
the event of a default in the amortization of the Bonds.
3. SECURITY
In order.to secure payment of the Bonds, the Issuer
shall cause a special assessment lien to be placed against
those properties which initially benefit from the Project,
such special assessment lien to be coequal with the lien
of all state, county, district and municipal taxes and
superior in to all other liens, titles and claims
(the "Collateral"). No Collateral shall be released by
Issuer without the substitution therefor of additional
collateral satisfactory to Bank. Should the Issuer fail
to institute and complete the foreclosure proceedings on
any delinquent assessment within ten (10) months of the
due date of such delinquent assessment, Bank in its capacity
as bondholder shall havetheright to institute foreclosure
proceedings, or complete foreclosure proceedings already
commenced by the Issuer, on behalf of the Issuer as to such
delinquent assessment.
4. COST AND COMPLETION DATE OF THE PROJECT
Prior to purchase of the Bonds, the Issuer shall have
entered into appropriate contractural arrangements with a
contractor to make water available to the Project by March
1, 1985 at a cost not to exceed $2,850,000.
S. OTHER COMMITMENT REQUIRED
Prior to purchase of the Bonds, Issuer shall provide
the Bank with the commitment of the Farmer's Home Adminis-
tration to fund $800,0oo.00 of the cost of the Project..
6. COMPLETION OF THE PROJECT
It shall be a condition precedent to the payment of
any costs in connection with the construction of the Project
that at all times the amount of the undisbursed Bond proceeds
together with funds on deposit from the Farmer's Home Admin-
istration or other guaranteed sources shall be sufficient to
complete the construction of the Project. Should the undis-
bursed Bond proceeds together with the above described funds
on deposit be insufficient to complete the Project, Issuer
shall provide the funds sufficient to complete the Project
before any further disbursements are made of the Bond pro-
ceeds.
39
ARR 119841
Boal( 56 PACE 1�3
r
7. APPRAISAL REQUIREMENT
Boa 56 PAGE 7'4
Prior to purchase of the Bonds, Issuer shall provide
the Bank with the current ad valorem assessments on the
properties to be initially benefited by the Project showing
an aggregate value of no less than $5,800,000.00.
S. SINKING FUND INVESTMENT
Issuer shall maintain at Bank the sinking fund investment or
the improvement fund investment for all monies -received from the
collection of the special assessment securing the Bonds (the
"Sinking Fund"). The term Sinking Fund shall also include all
reserve accounts, if any, for the payment -of interest,'whether
funded by proceeds of the sale of the Bonds or from the collection
of special.assessments. If no such reserve account is used, an
amount of the proceeds from the sale of the Bonds equal to the
initial interest payment shall be capitalized for that purpose.
9. BOND DOCUMENTS AND OPINIONS
All Bond documents and opinions must be approved by
legal counsel for the Bank: Kent, Watts, Durden, Kent,
Nichols & Mickler.
10. BANK'S EXPENSES
Utility shall pay all of Bank's expenses incurred in
connection with its purchase of the Bonds, including, but
in no way limited to, Bank's attorneys' fees, recording,
documentary stamps, intangible taxes, and any other mis-
cellaneous expenses in connection with the preparation of
this commitment and the issuance and purchase of the Bonds,
whether the Bonds are issued or not.
11. COMPLIANCE WITH AUTHORITY
The Issuer shall apply for and be responsible for ob-
taining all resolutions, commitments and certificates, as
may be required by all Federal, state or local governmental
agencies in connection with the issuance of the Bonds and
the construction of the Project. Issuer shall also comply
with all requirements of Bank in this regard.
12. BANK TO BE REGISTRAR AND DEPOSITORY
Florida National Bank shall be named Registrar of the
Bond issue and depository institution for the Sinking Fund
to be maintained by the Issuer.
13. FURTHER ASSURANCES
- The Issuer, prior and subsequent to the issuance of
the Bonds, agrees:
a) To provide and furnish the Bank with all items,
documents, writings, reports and information
in addition to those items specifically set
forth herein, which Bank may require in order
to -complete their documentation for the pur-
chase of the Bonds; and
40
M M
.b) To execute any and all legal instruments,
documents and agreements and/or provide the
Bank with such items as Bank may reasonably
require in order to secure its position in
. regard to this bond transaction.
14. RIGHT TO POST SIGN
Bank shall have the right to issue press releases re—
garding, and to post a sign in a prominent location on, the
Project property reflecting that Bank is providing financing
for the Project.
15. ACCEPTANCE OF THIS COMMITMENT
This commitment supersedes any prior commitment in
connection with the Project. Please inform us of your
acceptance of the terms and conditions of this.commitment
by executing and returning the enclosed copy of this
commitment letter by April 16,.1984, otherwise this
commitment will expire as of that date.
We thank you for the opportunity to be of service to
you. If we may be of any further assistance, please do
not hesitate to contact us.
Sincerely,
FLORIDA NATIONAL BANK
n ull
P esident
lorida National Bank, Vero Beach
ACCEPTANCE
I have read the foregoing Commitment Letter and the
terms and conditions contained therein, and hereby accept
this Commitment Letter this d14 day of April, 1984. This
Commitment is issued and accepted subject to all the terms
and conditions which are expressly set forth herein.
INDIAN RIVER COUNTY, FLORIDA
By
Don C. Scurlock, Jr., Ch an
Board of County Commissioners
41
APR 11 1994 sm 56 PAGE 765
r -
APR 11 194
JOINDER OF ACCEPTANCE
BOOK 56 PAGE (�
The undersigned joins in the acceptance of this Commit-
ment and agrees to be bound by all of the terms, covenants,
and conditions contained herein this 16th day of April, 1984.
WEST CP=Y UTILITY,' INC.
President
(CORPORATE SEAL)
RESOLUTION RE ASSESSMENT FOR S.R. 60 WATER LINE
Attorney Brandenburg explained that the proposed
Resolution starts the process where we put the assessments
in place on the property that correspond to the taps on the
water line. The Resolution calls for the public hearing,
beginning of the advertising process, etc.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) adopted Resolution 84-26 as described
above.
42
� � r
RESOLUTION NO. 84-26
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA DETERMINING TO
MARE ASSESSABLE WATER DISTRIBUTION IMPROVEMENTS IN
INDIAN RIVER COUNTY, FLORIDA; ADOPTING THE
ASSESSMENT PLAT, PLANS AND SPECIFICATIONS AND
ESTIMATE OF COSTS SUBMITTED BY THE ENGINEERS;
DETERMINING TO DEFRAY THE COST THEREOF BY SPECIAL
ASSESSMENTS AGAINST THE PROPERTIES BENEFITED THEREBY;
AUTHORIZING PREPARATION OF AN ASSESSMENT ROLL; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA (hereinafter called "Board" and
"County," respectively) that:
SECTION 1
AUTHORITY FOR RESOLUTION
This resolution is adopted pursuant to the provisions of
Ordinance No. 83--46 of the County, applicable provisions of
Chapter 170, Florida Statutes, and other applicable provisions of
law.
SECTION 2
FINDINGS
A. Indian River County has been approached by a group
of landowners who desire the County to undertake certain public
improvements to make potable water available to their respective
properties for the purpose of advancing certain development
projects. The requesting landowners have agreed to voluntarily
submit their lands to an assessment to defray that portion of the
costs of the improvements attributable to their needs.
B. It is advisable, desirable and in the best interest
of the County to provide for the acquisition and construction of
assessable improvements, consisting of a portion of a water trans-
mission line abutting State Road 60 (hereinafter called "Project")
in an unincorporated area of the County specially benefiting cer-
tain lots and lands in the area of the County more particularly
described in Exhibit A attached hereto.
C. It is in the best interest of the County and the
owners of the property to be specially benefited by the Project
that the assessments be levied on an available tap basis for each
parcel of property benefited by the initial availability of County
43
APR 111984 FOOT 56 PAGE 7?7
APR 11 1994
water taps.
19
BOOK 56 PAGE 728
The engineers have prepared and filed with the Board
an assessment plat detailing the area to be assessed and the taps
to be assigned specific land areas, plans and specifications of
the Project, and an estimate of costs thereof. Such estimate of
costs includes, in addition to the actual costs of the Project,
the incidental expenses as set forth in Section 170.03, Florida
Statutes. The estimate of costs for the Project is the sum of
$2,800,000.00. The cost of the Project attributable to benefits
received by the requesting landowners shall be assessed against
the properties specially benefited thereby. The engineers have
also prepared and filed with the Board a tentative apportionment
of the estimated total cost of the Project as between each lot or
parcel of land specially benefited. Such apportionment of the
estimated total cost has been made for the preliminary assessment
roll. The assessment plat, plans and specifications, estimate of
costs and tentative apportionment of such estimate of costs are
open to public inspection.
APPROVAL OF PROJECT AND ASSESSMENT PLAT
The Project, assessment plat, plans and specifications,
estimate of costs of the Project and tentative apportionment of
such estimate of costs submitted by the engineers, presently on
file with the Board, are hereby adopted and approved.
SECTION 4
SPECIAL ASSESSMENTS
The special assessments to be levied against the proper-
ties specially benefited from the Project may be paid in cash in
not exceeding 10 equal yearly installments with interest at a rate
not to exceed 1% above the interest rate on the bonds or notes, as
the case may be, to be issued to finance the cost of the Project.
If the special assessments are not paid when due, there shall be
added a penalty at the rate of 1% per month until paid; provided,
- however, that such assessments may be prepaid at any time within
30 days after the Project is completed and a resolution accepting
the same has been adopted by the Board, but such prepaid
44
M M r
L I
assessments shall bear interest at the rate borne by the bonds or_
the notes, as the case may be, described above, and shall include,
if deemed necessary by the Board, a prepayment fee not to exceed
the applicable redemption premium, if any, for such notes or
bonds, as the case may be, if they were to be redeemed on the next
available redemption date. The special assessments shall be
levied against such benefited properties on an available tap basis
to the properties receiving benefit by virtue of the availability
of potable water. Any special assessment liens upon benefited
properties, resulting from special assessments levied in accor-
dance with the provisions of this resolution, shall be extin-
guished upon the recording by the Board in the Official Records of
the County, of an affidavit or affidavits executed by the Chairman
of the Board to the effect -that sufficient security has been
deposited with the County in order to insure timely payment of the
amount of such special assessments or the installments thereof, as
the case may be.
SECTION 5
COLLECTION OF ASSESSMENTS
The assessments, as finally determined and adjusted, and
all installments thereof, shall be collected by the Tax Collector
of the County.
SECTION 6
ASSESSMENT ROLL
Upon adoption of this resolution, the Clerk of the
Board, as assisted by the County Attorney and the engineers for
the County, shall cause an assessment roll to be prepared, pub-
lished and considered in public hearing as required by Sections
170.06, 170.07 and 170.08, Florida Statutes.
SECTION 7
FINAL DETERMINATION OF ASSESSMENTS
Upon completion of the Project, the Board shall adopt a
resolution finally assessing the costs of the Project based upon
the actual costs thereof, but in no event shall the final assess-
ments exceed the amount of benefits originally assessed.
45
APR 11 9 4 Bw 56 PAGE 799
J
APR 111984 Boox 5.6 PACE 736
SECTION 8
PUBLICATION OF RESOLUTION
The Clerk of the Board is directed to cause this resolu-
tion to be published once each week for 2 consecutive weeks in a
newspaper of general circulation in the County.
SECTION 9
EFFECTIVE DATE
This resolution shall become effective immediately upon
its adoption.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Bird and, upon being put to a vote, the
vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Absent
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 11th
Attest:"
FR A
Clerk
APPROVED
S FORM
AND LEGAL F I
i /
BY,
Coddty Attorney
day of April , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By C
DON C. SCUR OCR, JR.
Chairman
46
NORTH COUNTY FIRE
The Board of County Commissioners recessed at 11:08
o'clock A.M. in order that the District Board of Fire
Commissioners of the North Indian River County Fire District.
might convene.
The Board of County Commissioners thereupon reconvened
at 11;10 o'clock A.M. with the same members present,
Commissioner Bowman being absent.
(Those Minutes being prepared separately)
REPORT - TRANSPORTATION PLANNING COMMITTEE
Chairman Scurlock reported that Public Works Director
Davis requested that this be deferred until the next meeting
of the Board.
GOLF COURSE COMMITTEE REPORT
Commissioner Bird reported that he has broken the Golf
Course Committee up into about five subcommittees. They
want to try to figure what it will cost to build and
maintain a golf course and what our financial requirement
will be annually. Commissioner Bird believed it will be
possible to get some pretty accurate figures on the expense
side, but the revenue side of the picture is more difficult
to project. He, therefore, anticipated that the Finance
Advisory Committee will recommend that we are going to need
some outside expert advice re projecting on the revenue
side. Other than that, Commissioner Bird believed the
Committee can put together a good study and report.
COUNTYWIDE RECREATION STUDY COMMITTEE MEETING
Commissioner Bird informed the Board that at the
initial meeting of the Countywide Recreation Study
Committee, they got acquainted and went over the basic
concepts of putting together a countywide system rather than
the fragmented system we now have. They will have.another
47
APR 11 41984 BOOK 56 Pace 731
r
APIA 11 1994sooK '56 .PACE 732
meeting tomorrow afternoon and try to set up long range
plans, concepts, etc., working towards a recommendation as
to how a countywide system can be set up, financed, etc.
Commissioner Bird had hoped they could have this ready by
budgettime, but could not be sure that they will be able to
do so.
The several bills and accounts against the County
having been audited were examined and found to be correct
were approved and warrants issued in settlement of same as
follows: Treasury Fund Nos. 91594 - 91763 inclusive. Such
bills and accounts being on file in the office of the Clerk
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 11:15 o'clock
A.M. Attest:
Clerk
48
-�), C--
Chairman
Chairman
r