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HomeMy WebLinkAbout1/9/1985Wednesday, January 9, 1985 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, January 9, 1985, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; William C. Wodtke, Jr., Margaret C. Bowman, and Richard N. Bird. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; L.S. "Tommy" Thomas, Intergovernmental Relations Director; and Barbara Bonnah, Deputy Clerk. Chairman Lyons called the meeting to order and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Scurlock requested the addition to today's Agenda of of a report on yesterday's meeting of the Transportation Planning Committee. Commissioner Scurlock also requested the addition to today's Agenda of a resolution honoring Rosemary Richey. Commissioner Wodtke requested the addition of a report on the Beach Preservation and Restoration Committee. Commissioner Bird requested the addition of the appointment of Ned Potter to the Firearms Range Committee. Attorney Brandenburg requested the deletion from today's Agenda of Item 10B - Fee Proposal from Bond Counsel; Trillium Tool Technics, Inc. Commissioner Scurlock requested the deletion of the North County Fire District meeting since the only item of business is the approval of Minutes of the meeting of 11/28/84. JAN 9 1985 Boa 59, ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously added and deleted the above items to today's Agenda as requested. CONSENT AGENDA Commissioner Wodtke requested that Items A & B be removed from the Consent Agenda for discussion, and Commissioner Scurlock asked that Item D be removed also. j A. Bid #227, Front End Loader The Board reviewed the following memo dated 12/27/84: TO: Board of County Commissioners DATE: December 27, 1984 FILE: THRU: Michael Wright SUBJECT: IRC BID #227 -(1) Front End Loader County Administrator 041 FROM: "__EFERENCES: Carolyn Go rich, Manager Purchasin Department 1. Description and Conditions Bids were received, Tuesday, December 18, 1984 at 11:00 A.M. for IRC #227 - (1) Front End Loader for the Road & Bridge Department. 15 Bid Proposals were sent out. Of the 13 Bids received, 6 were "No Bids". 2. Alternatives and Analysis The low bid was submitted by Florida -Georgia Tractor, Riviera Beach, for an International -Hough 510B in the amount of $40,479.00. The bid meets all specifications with 2 minor exceptions. The bidder specified tire size as 15.5 X 25 and fuel tank capacity as 31.5 gal.. Both are standard for the machine. A quick attach coupler for the bucket and rake can be purchased.for $3000.00. This enables the driver to change from bucket to rake and,vice versa without assistance in 5-10 minutes. Without the quick attach coupler, it takes 2 men approximately 30 minutes to change equipment. 3. Recommendation and Funding It is recommended that IRC #227 be awarded to the low bidder, Fl. -Ga. Tractor in the amount of $40,479.00 plus an additional $3000.00 for the quick attach coupler. There is $54,000.00 Budgeted in Account #111-214-541-66.43. Commissioner Wodtke asked if this amount was budgeted for this piece of equipment only, and Purchasing Manager Carolyn Goodrich confirmed that it was. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid #227 to the low bidder, Fl. -Ga. Tractor in the amount of $40,479 for (1) Front End Loader plus an additional $3000 for a quick attach coupler. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING IRC BID #227 'Dec. 18, 1984 BID TITLE (1) FRONT END LOADER ' a V o @ J� ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE U 1. One 1 New Manufacturer's latest model rubber tired all wheel drive, 1.25 to 2.0 cubic and SAE rated Front End Load(r with enclosed Cab, Bucket & Loader Rake. Int"I 9Cat irukTO IFt-1 A a DoMor Case I�Ea 40479 0 4332000 43995 00 54783 0014 46250 00 2. Days required for deliver after r cei t of Purchase Order 45 60-90 60 45 30 - 30001 00 Buck(t & Rake I 3 ry� JAN 9 1995 BOOK F�� i 391 8 BOOK '59,: f`njF.3 9 B. Bid #228 - (4) New 1985 Pickup Trucks, 3/4 Ton Crew Cab The Board reviewed the following memo dated 12/27/84: TO: Board of County Commissioners DATE: December 27, 1984 FILE: THRU: Michael Wright SUBJECT: IRC BID #228 - (4) New 1985 County Administrator Pickup Truck, 3/4 Ton Crew Cab FROM: .����� REFERENCES: Carolyn Podrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, December 18, 1984 at 11:00 A.M. for IRC #228- (4) New 1985 3/4 Ton Crew Cab Pickup Trucks for the Road & Bridge Department. 17 Bid Proposals were sent out. Of the 8 Bids received, 2 were "No Bids". 2. Alternatives and Analysis The specifications called for a 6 cyl. 3/4 Ton Crew Cab with automatic transmission. Dodge no longer makes a 3/4 Ton Crew Cab. The 1 Ton Crew Cab is available only with an 8 cylinder engine. The Dodge Crew Cab bids are both 1 Ton with 8 cylinder engines. The Chevrolet 3/4 Ton Crew Cab, 6 cyl. is available only with a manual transmission. The Chevrolet Crew Cabs bid are all 1 Ton. The Ford was bid with an 8 cylinder engine. These vehicles will frequently pull trailers, therefore, the 8 cylinder would be more economical. 4 BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue �Q Vero, Beach, Florida 32960 4'° & z� D BID TABULATIONti ti 4'a BID NO. DATE OF OPENING 'ter 4. mot 4o C� y IRC BID #227 Dec. 18, 1984 �^' �a BID TITLE 4Q roF O�' �• (1) FRONT END LOADER ITEM N O. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNI 1. One 1New Manufacturer's latest model rubber tired all wheel drive, 1_25 to 2.0 cubic yard, SAE rated Front End Load(r Fiat Trojan with enclosed Cab, Bucket & Allis 150CZ Loader Rake. FR7 1 Each NB NB NB NB NB NB 42995 00 42805 00 Out o 2. Days required for delivery Business after receipt of Purchase Order 30-45 In Stock B. Bid #228 - (4) New 1985 Pickup Trucks, 3/4 Ton Crew Cab The Board reviewed the following memo dated 12/27/84: TO: Board of County Commissioners DATE: December 27, 1984 FILE: THRU: Michael Wright SUBJECT: IRC BID #228 - (4) New 1985 County Administrator Pickup Truck, 3/4 Ton Crew Cab FROM: .����� REFERENCES: Carolyn Podrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, December 18, 1984 at 11:00 A.M. for IRC #228- (4) New 1985 3/4 Ton Crew Cab Pickup Trucks for the Road & Bridge Department. 17 Bid Proposals were sent out. Of the 8 Bids received, 2 were "No Bids". 2. Alternatives and Analysis The specifications called for a 6 cyl. 3/4 Ton Crew Cab with automatic transmission. Dodge no longer makes a 3/4 Ton Crew Cab. The 1 Ton Crew Cab is available only with an 8 cylinder engine. The Dodge Crew Cab bids are both 1 Ton with 8 cylinder engines. The Chevrolet 3/4 Ton Crew Cab, 6 cyl. is available only with a manual transmission. The Chevrolet Crew Cabs bid are all 1 Ton. The Ford was bid with an 8 cylinder engine. These vehicles will frequently pull trailers, therefore, the 8 cylinder would be more economical. 4 The low bid was submitted by Sunshine Dodge, Melbourne for an 8 cylinder, 1 Ton Crew Cab Pickup. The bid price was $10,598.60 each with the Camper Top. A 1 Ton, 8 cylinder Crew Cab Pickup Truck can be purchased from the Florida State Contract for $9560.70 without the Camper Top. The vendor is Regency Dodge, Jacksonville, Fl. The Camper Tops can be purchased locally for $500.00, making the total cost of each truck $10.060.70. 3. Recommendation & Funding It is recommended that (4) 1 Ton, 8 cylinder Crew Cab Pickup Trucks be purchased from the Florida State Contract and the Camper Tops be purchased locally. There is $10,500.00 budgeted for each truck in Account #111-214-541-66.43. Commissioner Wodtke asked why we specified a 3/4 ton truck if it was not being produced any longer, and Purchasing Manager Goodrich informed him that this was the first year it has not been been made by anyone. Commissioner Wodtke then asked if a standard transmission would be acceptable, and both Administrator Wright and Manager Goodrich felt that an automatic transmission is preferable when various individuals would be driving the vehicle. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the purchase of (4) 1 -ton, 8 -cylinder crew cab pickup trucks from the Florida State Contract in the amount of $9560.70, and also authorized (4) Camper Tops to be purchased locally for $500 each, as recommended by Purchasing Manager Carolyn Goodrich. 5 JAN 9 1985 400 ,,,,�- AH 9 1985 BOOL( 59'F''IGF- 401 w BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 y ,ec �' y ^~ Aj BID TABULATION zy �� ro Z ro ro c, Oro BID NO. DATE OF OPENING 4 y ro y �„^ IRC BID #228 Dec. 18, 1984 r as ar ro h c BID TITLE(4) New 1985 Pickup Truck,_IA-lan Crew Cab ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. (4) New 1985 Pickup Truck, 3/4 Ton Crew Cab 4 Each NB 10950 00 10696 50 10815 00 11127 00 10598 60 1 NB 1252E 00 Out o Busine s V-8 6-cyl V-8 E lair a V-8 1 TON 1 --.TON 1 TON 1 TON 1 TON En ine 2. Days required for delivery after receipt of Purchase Order 60-90 60Mir. 1 75-100 60-90 60 �'C. IRC Bid #229 - (3) New 1985 Standard 1/2 Ton Pickup Trucks The Board reviewed the following memo dated 12/20/84: TO: Board of County Commissioners THRU: Michael Wright County Administrator DATE: Dec. 20, 1984 FILE: SUBJECT: IRC BID #229- (3) New 1985 Standard 1/2 Ton Pickup Trucks FROM: �—&Tz&-4c.�C'�REFERENCES: Carolyn goodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, December 18, 1984 at 11:00 A.M. for IRC #229 - (3) New 1985 Standard 1/2 Ton Pickup Trucks for the Landfill and Utilities Departments. 17 Bid Proposals were sent out, 7 Bids were received. 2. Alternatives and Analysis Item #1 - 1/2 Ton Pickup with air conditioning is for the Landfill Supervisor. Item #2 - (2) 1/2 Ton Pickups without air conditioning are for the Utilities Department Sewer Crews. The vehicles currently being used will either be sold as surplus or transferred to another department. 0 The low bid was submitted by Ft. Pierce Dodge, Ft. Pierce, Fl. The bid price for Item #1 is $7859.50 and Item #2 is $7230.50 each. All bids met specifications. Item #1 can be purchased from the Florida State Contract for $6751.80 and Item #2 would be $6175.50 each from the Florida State Contract. The vendor holding this portion of the state contract is Jim Peacock Dodge, Daytona Beach, F1. 3. Recommendation and Funding It is recommended that Item #1 and 2 be purchased from the Florida State Contract. Funds for Item #1 are budgeted in Account #411-217-534-66.42 - Sanitary Landfill. Funds for Item #2 are budgeted in Account #471-235-536-66.42 - Utilities Department. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the purchase of (1) New 1985 Standard 1/2 Ton Pickup Truck with air conditioning to be purchased from the Florida State Contract for $6751.80 and (2) 1/2 Ton Pickups without air conditioning for $6175.50 each, as recommended by Purchasing Manager Goodrich. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 �� c' do BID TABULATION 40 BID NO. DATE OF OPENING IRC BID 229 Dec. 18, 1984 BID TITLE 3 New 1985 Standard 1/2 Ton Pickup::rks ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC 1. New 1985 Standard 1/2 Ton Pickup Truck. 1 Each 8120 00 8237100 7859 50 8133 00 8032 00 7932 75 8075 00 2. New 1985 112 Ton. Pickup Trucks without air conditioning 2 Each 7490 00 7608 00 7230 50 7504 00 7427 00 7303 75 7440 00 delivery -3 Days required for after receipt of Purchase Order Days 30-60 -90 60 60-90 60-90 45+ i Al ternat Ran e 7025 00 I 7 i BOOK uQj C 404? r - JAN 9 1985 BOOK A. IRC Bid #230 - New 1985 Mid -Size Station Wagon The Board reviewed the following memo dated 12/19/84: TO: Board of County Commissioners THRU: Michael Wright County Administrator 5qu [, JE 4 0 DATE: Dec. 19, 1984 FILE: SUBJECT: IRC BID #230 - New 1985 Mid -Size Station Wagon FROM: �42j REFERENCES: Caroly Goodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, December 18, 1984 at 11:00 A.M. for IRC #230 - New 1985 Mid -Size Station Wagon for the Solid Waste Inspector. 18 Bid Proposals were sent out, 6 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Sunshine Dodge, Melbourne, F1. for a Dodge Aries in the amount of $8604.57. However, the bid does not'meet specifications. The Aries is a 4 cyl. and the specifications call for a 6 cyl. The low bid meeting specifications was submitted by Southside Ford, Jacksonville, F1., for a Ford LTD in the amount of $8775.00. A mid-size station wagon can be purchased from the Florida State Contract. The vehicle is a Ford LTD in the amount of $8229.50 with an AM .radio as standard equipment. The vendor holding this portion of the State Contract is Don Reid Ford, Maitland, F1. 3. Recommendation and Funding It is recommended that this vehicle be purchased from the Florida State Contract, from Don Reid Ford, Maitland, F1. Funds are budgeted in Sanitary Landfill Account #411-217-534-66.42. Commissioner Scurlock recalled that the Clerk's Office has a mid-size station wagon that was in pretty good condition and suggested that perhaps a swap could be worked out at budget time. Administrator Wright felt that particular car had a lot of miles on it and would not be suitable for the amount of use it will get from the Solid Waste Inspector. 0 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the purchase of (1) New 1985 Ford LTD Station Wagon from the Florida State Contract for $8229.50, as recommended by Purchasing Manager Goodrich. Commissioner Scurlock requested a list of all fleet vehicles and Administrator Wright advised that General Services Director Sonny Dean would supply the list. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 v, o 'b BID TABULATION BID NO. DATE OF OP NINE 1984 IRC BID #230 Dec. 18, ac BID TITLE �^4ti; t�"'� �°i ,tr y ho7� NEW 1985 MID-SIZE STATION WAGON rrEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P NO. 1. New 1985,Mid-Size Station Wagon Celebrlity Arid I Merct ry I Cele rit Arie LTD ualMar Celebrity. LTD or Equal— uis 9233 00 9391100 18878 00 19274 00 8604 57 8775 00 4C 6C1 6 Cyl 4 C 6 yl 2. Days required for delivery after recei t of Purchase Order Days 45 60 60 45=60 45 + Pn 9 BOOK 59 F; ln 404 rMPLOYEE OF THE QUARTER BOOK 59 f'A.E 05 The Board reviewed the following memo dated 1/3/85: TO: The Honorable Members of DATE: January 3, 1985 FILE: the Board of County Commissioners Thru: Micha right SUBJECT: "Employee{/ of the Count nistrator Quarter" FROM: L i Hoder REFERENCES: Personnel Manager A Selection Committee made up of a member from each of our seven divisions met several weeks ago and drew up a set of guidelines for the "Employee of the Quarter" Pro- gram. Nominations were submitted to this committee to evaluate and to select the outstanding employee. To choose someone to be our first "Employee of the Quarter" was a difficult decision. I am requesting the Chairman of the Board make the pre- sentation to this deserving employee. Chairman Lyons felt that this award was an excellent idea and understood that it will be made on the basis of looking at all the departments within the County to find the outstanding employee of the quarter. Along with the award itself goes a plaque and a check for $50.00. He announced that the first recipient of this award is Rocky Renda from the Utility Department, who accepted the plaque and the check. FA V FINAL ORDER, BREEZY VILLAGE RATE REQUEST The Board reviewed the following memo dated 1/2/85: 10 TO: The Honorable Members of DATE: January 2, 198.0 FILE: The Board of County Commissioners THRU: Terrance G. Pinto SUBJECT: BREEZY VILLAGE FINAL ORDER Utility Service Director FROM: Joseph A. Baird REFERENCES: Attachment A - Final Order Assistant Utility Director DESCRIPTION AND CONDITIONS: After considering and analyzing the information at the public hearing on November 8, 1984, the Utility Department staff recommends the Final Order attached. The revenue requirements within the order is based on the scenario below: Extraordinary repairs amortized over five years; fifty percent of rate case expense amortized over three years; thirty-six percent of depreciation expense because of con- tributions -in -aid -of -construction adjustment; no rate of return: Total operating expense $271504 Provision for taxes -0- Return on rate base -0- Total Revenue Requirement $27,504 1st year Provision for taxes 1,634 Return on rate base (66,302 x 120) 7,956 Total Revenue Requirement $37,094 after 1st year* *provided the Board deems that utility is operating under efficient and economical management. Major issues addressed at the public hearing were, depreciation, the amortization of new capital items and the management of the Utility. Depreciation: There was the question of whether depreciation should or s ould not be allowed as an expense. Staff allowed depreciation for the following reason. Depreciation is the systematic allocation of the cost of an asset over its estimated useful life. Without depreciation, a business would have no means of recapturing the original cost of their capital assets. Depreciation is not for the purpos—e--oF Renewal and Replacement, and the two should never be confused. 11 9 1985 BOOK 59 w;F. 406 r JAN 9 1985 BOOK 59 P�,H- 407 Amortization of Capital Costs: There were capital items which were amortized over five years instead of being depreciated. When the capital items were amortized, the cost of the assets were not entered into the rate base calculation. This means rates would be lower for consumers if you amortized the capital items rather than depreciate. The utility would prefer to amortized and staff has no problem with this. Management of Utility: There was a great deal of dialogue, at the meeting, over the poor managment of the Utility, there- fore, staff recommends no rate of return the first year and increased to 12 percent thereafter provided the Board of County Commissioners deems the Utility is operating under efficient and economical management. Utility Service Director Terry Pinto reported that after reviewing all the testimony given at the recent rate hearings, staff is recommending that the revenue requirement for Breezy Village be set at $27,504 for the first year, which will allow the company to receive only that which is needed for operational purposes, and no rate of return on their investment. At the end of the year, staff will request that the Utility's operations be reviewed and if it is determined that they have operated satisfactorily, then they will allow them a rate which will provide a 12% return. Commissioner Bird asked if there was some level of achievement that they can follow during the first year so that they will know if they are qualifying, and Director Pinto felt that the Utility was very aware of what we expect, mainly better record keeping. He advised that they will bring this back to the Board with their report. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, that the Board adopt Resolution 85-05, the Final Order for Breezy Village Sewer and Water Company, Inc. 12 Commissioners Wodtke and Bird questioned Paragraph #4 in the Resolution in regard to whether the rate case expense was included in the $27,504 figure. Director Pinto explained that it was and that it was amortized over a 3 -year period..If the Board approves the order, the order goes back to the Utility and they will submit to staff the proposed rate tariff. Staff will then bring the tariff_ back to the Board for final approval. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 13 JAN 9 1985 BOOK 59 UE 408 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY RESOLUTION NO. 85-5 ORDER BOOK 59 Fa;r 409 This matter comes before the Board of County Commissioners of Indian River County following a duly notified and published hearing where the Commission having heard testimony of all interested parties and having thoroughly reviewed and analyzed the recommendation of the county staff; now adopts the findings and conclusions as set forth in the staff report dated January 2, 1985, and attached hereto as Exhibit "A". NOW THEREFORE IT IS ORDERED: 1. That Breezy Village Sewer and Water Company, Inc., current application for relief is hereby terminated and marked closed. 2. That the authorized rate of return or opportunity cost shall be zero for the first fiscal year and increased to twelve percent thereafter provided the Board of County Commissioners deems the Utility is operating under efficient and economical management. 3. That the authorized rate of return be applied to the net rate base of $66,302. Net rate base is that rate base calculated exclusive of accumulated depreciation, contributions in aid of construction and accumulated depreciation on contri- butions in aid of construction but inclusive of a working capital allowance. 4. That Breezy Village Sewer and Water Company, Inc., is authorized to design tariffs so as to generate $27,504 in gross water and wastewater revenues for the first fiscal year. Provided it is determined by the Board of County Commissioners that the Utility is operating under efficient and economical management the Utility will be authorized to generate $37,094 in gross water and wastewater revenues thereafter. The gross revenue test will be based on customers enrolled. 5. That Breezy Village Sewer and Water Company, Inc., shall be permitted to include in its allowable costs, rate case expense deferred in the current case amounting to $6,000. BOARD OF COUNTY COMMISSIONERS OF DI N RIVER COUNTY, FL Pajfrick B. Lyons%/Cha%irman ORDER ADOPTED: January 9, 1989 ORDER ENTERED:.January 9, 1985 ATTESTED TO: _ Approve as to and le. L s c �. Freda Wright, C rk 1. Attorney burg " - PUBLIC HEARINGS - PETITION PAVING REQUESTS: 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: Avenue between 2nd and 4th t sue between ath Street and 911 inth4 Court, was pub- Avenue North o1Walker Avendt WHEREAS. the Petltlan ht and mairt to requirements of design work 0 lished in said newspaper in the issues of Dol' . j ���% ysencompletedw 9d Public t each Project and WHEREAS. lite tOW'Gsdmab l Sed Improverrrenta to tat at, Sid Street is $14,273.9131_ Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .Swore to and subscribed before me this da 1hA.D.18 2!� I X4 g (Clerk of the Circuit Court, Indian River Count , lorida) (SEAL) hereunder shall. for arty 9M properly witeMgnuaaln area sped an amount Mthat we e Percent05of the tow .0 ffroonntage owned by the to the tont number of Wheal f a6thin Natarea specially ben Opine due and payable at N Collector of Indian RMer niter the this) determmatlal .y E_.1EA�$�bwien RI �C Vam Beach the LARD of IF gtD10N aOVIDING IRAINADIE BEET BE- vVENUES; BNUE BE- i rM' 46TH IM AND -' 1280'+- ; PROVI0. DASSEOSS3- NUAL IN- OESCRIP- . .LY BENE - ."4"" - Works Do .t .Waovement peW I Lire owners of :Uffly benefited, improvememe 32nd Avenues; i Avenues: 19th eels; 46th Ave. Plane: and 6161 forest beyond the due dBoard of ate at a ran estaamnw by W preparation of the final Mass: am rm at oll .and shall be payable m two (2) equal inmafi- morns• the first to be made twelve (12) months f�rotremn �the due date and the seem d to be made t YVHEREASa4a—ths "in the due data. and . examthaticn of the neture and Me aawd ted of County of �or ere has daermined that the following described proper flea shall receive a direct and special benefit from these MMovemenfa. to wit A. tat Street Oeakeern 27th and 32nd :.,,Avenues: Lob41 through 18 and Lal 16, Block C, Vero Beach Homesitea, Unit 1A. Plat Book 3, Page 61; Lets t through 16, Block F. Lots to through 30. Block C, VerogBee�h Flomesittleswuuniit 1, Plat aBook Vco Beton LHomestles UnithIS that Sockt � 8 Pegs fig as recorded in the Pu Records of Indian River Ctlumy. flarWa B. 3d Street barmen 18th end 20th C, bol a Lots 8 a 9, Stock D, Lob 1&16, Bbdu Block A. La 1. Block S. Indian R Haig 8 Unit 1; on record in Rat crook Unit 3;Eon �rtd. In B000k Pew g e f Public Records of W44M River County, FIOAda. C. 18th Avenue between 2nd and 4th Stre4Y. Lola 1 through 6, Block D; Lots 1 through S. Block A: LOIS 1. through S. Block C: and Lob 1 through 8. Block B; as shown on the Plat Ot hi- tlan River Heights BubdMslon. Unit / on rerdro In Rat Book 5 Page 75 m the Public Recorda of Indian River County, Florida D. 48th Avernus between 8th Street and 9th Race: Lots 1 through 9, Block 5 and Lob through If. Block 6 as shown on the PW Glendde Lakes Subdivision On record In Rat Book 8• Page 28 of the public Records of Incen River County, Randa t of IarW, comaildra 4 acres more or 15 TttnpWW at landatmaktlng 4 acres more or leer at the Nortltsasl earner m an Intersection of 48th Avenue and 8th Street (Glendale Road) said Dertel bounded on the NOM by Blocks 8� bounded on Sue West bye Um m 48th Avenue as shown an mel 'Glendale Lakes. -a:+.*••• :..-.•.• bounded on the East by the west line of Cct and the West rghlof-way tlrne Of 44th Cowl as shown on the Plat Or Giendate Lakes Unit 2, as recorded In Plat Book 9, Page 90 of the Public Records of Indian River County. Fulda and bounded on the South by the North right -of -war Om of 8th Street (Glendale Road). E. 51st Avenue North of Walker Avemnf: Lori 1 =h i Page 99 beiA. ng amimitidiSubdivision, on m tthee East 10 aces at Tract 14, Section 33. Township 32 South, Range 39 East. as recorded in the Public Records of Indian River County. Florida id NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY. FLORIDA, as follows: -1. The foregomg recitals are affirmed and ratified in their entirety. 2. The following projects for paw" and drahi- age Improvements are hereby approved subject to the terms outlined above and all applicable re. A- lememepf OtElnanee 81-2T.' b tet Street. bawaern 27th and 32nd Streets. heretofore designated as Puhlic works Project B. 3rd 0 B. end Street between s th and 28th sAvenues. ct heretofore designated as Public wake Project No 8328 h e th Avenue, designated as, 2nd mrd 4th S1reeY. heretofore desieruded lie Public wake Proj No cam: D. 48th Avenue, between 8th Street and tith Place. heretofore designated as Public Works Project No. 8324; E. 51st Avenue. running Nord of Walker Avenue for +1260': heretofore. designated as Public Waft maim No. 8328: The foregoing reeofutlon was oflerec M Com - .1.1 er — who moved ds adoptlon. The motion was seceded by Commissioner - -and. upon being put to a vote, the vote was as to0owa: Chairman Don C. Scurlock Jr. Vfee-Chairman Patrick B. Lyore Commissioner Margaret C. Bow- flum Cartmbsloner Richard N. Bird Commestoaer William C. wodtks. The Chairman thereupon declared the resolu- tion doly passed and adopted this — day at — —.19ea. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By— OON C. SCURLOCK JR. Chairman Amesb _ FREDA WRI.HT. Clark APPROVED AS TO FORM AND LEGAL SUFFICIENCY B ISTORiER J. PAULL Assistant County AttorneyPLEASE PLEASE TAKE FURTHER NOTICE that at the same public hearing. the Board of County Com• mtsstoners shall also hear all interested Persons regarding the proposed roll for Urs improve-, menta described in the above resolution. The, preliminary assessment role is currency on fin with the Public Works Division and open for m. spection between the hours of &30 AM and 5:00 PM. Monday through Friday. It a person decades to appeal any decision made by the Commission with rasped to any matter rendered at this hearing, he will need a record Ofthe proceeding, and that, for such purpose. he may need to ensure mat a verbatim record of the proceedng M made. which record indudesl the testimony and evidence upon which the so - post is to be based. Indian Rover County Michael Wright. County Administrator to 001310car VERO BEACH PRESS -JOURNAL urlam 0dresolution: RESOU t� A RESOLUTION O Published Daily COUNTY MI p FAL FOR CERTAIN PAVI I IMPROVEMENTS TI Vero Beach, Indian River County. Florida $ TWEEN 27TH ANI 3RD STREET BEM n AND 20TH AVENUE AND I COUNTY OF INDIAN RIVER: STATE OF FLORIDA E ' AVENUE BE l,; AVENUE CE: 5IS1 9TH PLACE: 6157 Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath NORTH OF WALKE says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published ING THE TOTAL METHOD PAR at Vero Beach in Indian River County, Florida; that the attached co of advertisement, being Y PY 9 NUMBER U STALLMENTS. AN TION THE ARE a ,/ � ,.° FITED FOR EACH P F WHEREAS. the Cas p ment has received the In the matter of �0./t' Q _k.(t,GVL- tons, signed by more I ._ nper_tr hi each area Avenue between 2nd and 4th t sue between ath Street and 911 inth4 Court, was pub- Avenue North o1Walker Avendt WHEREAS. the Petltlan ht and mairt to requirements of design work 0 lished in said newspaper in the issues of Dol' . j ���% ysencompletedw 9d Public t each Project and WHEREAS. lite tOW'Gsdmab l Sed Improverrrenta to tat at, Sid Street is $14,273.9131_ Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .Swore to and subscribed before me this da 1hA.D.18 2!� I X4 g (Clerk of the Circuit Court, Indian River Count , lorida) (SEAL) hereunder shall. for arty 9M properly witeMgnuaaln area sped an amount Mthat we e Percent05of the tow .0 ffroonntage owned by the to the tont number of Wheal f a6thin Natarea specially ben Opine due and payable at N Collector of Indian RMer niter the this) determmatlal .y E_.1EA�$�bwien RI �C Vam Beach the LARD of IF gtD10N aOVIDING IRAINADIE BEET BE- vVENUES; BNUE BE- i rM' 46TH IM AND -' 1280'+- ; PROVI0. DASSEOSS3- NUAL IN- OESCRIP- . .LY BENE - ."4"" - Works Do .t .Waovement peW I Lire owners of :Uffly benefited, improvememe 32nd Avenues; i Avenues: 19th eels; 46th Ave. Plane: and 6161 forest beyond the due dBoard of ate at a ran estaamnw by W preparation of the final Mass: am rm at oll .and shall be payable m two (2) equal inmafi- morns• the first to be made twelve (12) months f�rotremn �the due date and the seem d to be made t YVHEREASa4a—ths "in the due data. and . examthaticn of the neture and Me aawd ted of County of �or ere has daermined that the following described proper flea shall receive a direct and special benefit from these MMovemenfa. to wit A. tat Street Oeakeern 27th and 32nd :.,,Avenues: Lob41 through 18 and Lal 16, Block C, Vero Beach Homesitea, Unit 1A. Plat Book 3, Page 61; Lets t through 16, Block F. Lots to through 30. Block C, VerogBee�h Flomesittleswuuniit 1, Plat aBook Vco Beton LHomestles UnithIS that Sockt � 8 Pegs fig as recorded in the Pu Records of Indian River Ctlumy. flarWa B. 3d Street barmen 18th end 20th C, bol a Lots 8 a 9, Stock D, Lob 1&16, Bbdu Block A. La 1. Block S. Indian R Haig 8 Unit 1; on record in Rat crook Unit 3;Eon �rtd. In B000k Pew g e f Public Records of W44M River County, FIOAda. C. 18th Avenue between 2nd and 4th Stre4Y. Lola 1 through 6, Block D; Lots 1 through S. Block A: LOIS 1. through S. Block C: and Lob 1 through 8. Block B; as shown on the Plat Ot hi- tlan River Heights BubdMslon. Unit / on rerdro In Rat Book 5 Page 75 m the Public Recorda of Indian River County, Florida D. 48th Avernus between 8th Street and 9th Race: Lots 1 through 9, Block 5 and Lob through If. Block 6 as shown on the PW Glendde Lakes Subdivision On record In Rat Book 8• Page 28 of the public Records of Incen River County, Randa t of IarW, comaildra 4 acres more or 15 TttnpWW at landatmaktlng 4 acres more or leer at the Nortltsasl earner m an Intersection of 48th Avenue and 8th Street (Glendale Road) said Dertel bounded on the NOM by Blocks 8� bounded on Sue West bye Um m 48th Avenue as shown an mel 'Glendale Lakes. -a:+.*••• :..-.•.• bounded on the East by the west line of Cct and the West rghlof-way tlrne Of 44th Cowl as shown on the Plat Or Giendate Lakes Unit 2, as recorded In Plat Book 9, Page 90 of the Public Records of Indian River County. Fulda and bounded on the South by the North right -of -war Om of 8th Street (Glendale Road). E. 51st Avenue North of Walker Avemnf: Lori 1 =h i Page 99 beiA. ng amimitidiSubdivision, on m tthee East 10 aces at Tract 14, Section 33. Township 32 South, Range 39 East. as recorded in the Public Records of Indian River County. Florida id NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY. FLORIDA, as follows: -1. The foregomg recitals are affirmed and ratified in their entirety. 2. The following projects for paw" and drahi- age Improvements are hereby approved subject to the terms outlined above and all applicable re. A- lememepf OtElnanee 81-2T.' b tet Street. bawaern 27th and 32nd Streets. heretofore designated as Puhlic works Project B. 3rd 0 B. end Street between s th and 28th sAvenues. ct heretofore designated as Public wake Project No 8328 h e th Avenue, designated as, 2nd mrd 4th S1reeY. heretofore desieruded lie Public wake Proj No cam: D. 48th Avenue, between 8th Street and tith Place. heretofore designated as Public Works Project No. 8324; E. 51st Avenue. running Nord of Walker Avenue for +1260': heretofore. designated as Public Waft maim No. 8328: The foregoing reeofutlon was oflerec M Com - .1.1 er — who moved ds adoptlon. The motion was seceded by Commissioner - -and. upon being put to a vote, the vote was as to0owa: Chairman Don C. Scurlock Jr. Vfee-Chairman Patrick B. Lyore Commissioner Margaret C. Bow- flum Cartmbsloner Richard N. Bird Commestoaer William C. wodtks. The Chairman thereupon declared the resolu- tion doly passed and adopted this — day at — —.19ea. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By— OON C. SCURLOCK JR. Chairman Amesb _ FREDA WRI.HT. Clark APPROVED AS TO FORM AND LEGAL SUFFICIENCY B ISTORiER J. PAULL Assistant County AttorneyPLEASE PLEASE TAKE FURTHER NOTICE that at the same public hearing. the Board of County Com• mtsstoners shall also hear all interested Persons regarding the proposed roll for Urs improve-, menta described in the above resolution. The, preliminary assessment role is currency on fin with the Public Works Division and open for m. spection between the hours of &30 AM and 5:00 PM. Monday through Friday. It a person decades to appeal any decision made by the Commission with rasped to any matter rendered at this hearing, he will need a record Ofthe proceeding, and that, for such purpose. he may need to ensure mat a verbatim record of the proceedng M made. which record indudesl the testimony and evidence upon which the so - post is to be based. Indian Rover County Michael Wright. County Administrator JAN 9 1985 59 FmAll The Board reviewed the following memo dated 12/26/84: TO: DATE: FILE: The Honorable Members December 26, 1984 of the Board of County Ccannissioners THROUGH: Michael Wright, County Administrator Public Hearing to Consider Resolution Providing for the SUBJECTEaving of 1st street between 27th and 32nd Avenues; 3rd Street between 18th and 20th Avenues; 19th Avenue between 2nd and 4th Streets; 46th Avenue between 8th Street and 9th Place; 51st 1260 FROM: REFERENEES Avenue+ North of Walker James W. Davis, P.E., Public Works Director DESCRIPTION & CONDITIONS Valid petitions have been received from at least 66.7% of the property owners of the following streets 1) 1st Street between 27th and 32nd Avenues (preliminary cost $37,168.00) 71% Consenting; 2) 3rd Street between 18th and 20th Avenues (preliminary cost $14,273.00) 75% Consenting; 3) 19th Avenue between 2nd and 4th Streets (preliminary cost $31,643.00) 69% Consenting; 4) 46th Avenue between 8th Street and 9th Place (preliminary cost $24,588.00) 66.7% Consenting; 5) 51st Avenue 12601± North of Walker Avenue (preliminary cost $31,612.00) 74% Consenting. Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total costs of these projects is approximately $139,284. There is approximately $267,489.24 in the FY 84/85 budget for Petition Paving, Account NO. 703-214-541-35.39. Also advertisement of the Public Hearing and notifications to the property owners has been performed. RECOMMENDATION AND FUNDING After consideration of the public input provided at the Public. Hearing, it is recommended that motions be made to 1) adopt resolutions, providing for the paving and drainage improvements for each petition paving project, subject to the terms outlined in the Resolutions. The applicable interest rate shall be 1% over the prime rate at the time the final assessment roll is approved. 2) approve preliminary assessment rolls including any changes made as a result of the Public Hearing. 3) allocate $139,284 from the Petition Paving account to fund this work. 4) the Road and Bridge Division be notified to schedule construction, probably in early -mid 1985. 16 1st St. between 27th & 32nd Avenue Public Works Director Jim Davis reported that he had received letters from three property owners objecting to this project. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Russ Upton, owner of the lot on the corner of 1st Street and 29th Avenue, spoke in favor of the paving. However, he believed lst Street would become a drag strip, and since many children live on the street, he suggested that stop signs be put on the streets instead of the avenues. Chairman Lyons advised Mr. Upton that his suggestion would be considered at the next meeting of the Transportation Planning Committee. Gerald Koenig, a resident of 2725 1st Street for over six years, spoke in favor of the paving. Russ Augspurg, 3166 1st Street, stated that he was looking forward to the road being paved and getting rid of the dust. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 85-06 providing for certain paving and drainage improvements to 1st Street between 27th and 32nd Avenues; approved the preliminary assessment roll in the amount of $37,168 to be allocated from the petition paving fund; and authorized the Road & Bridge Dept. to schedule construction. 17 r JAN 9 1985 KclO e. 9 FAu ��J RESOLUTION NO. 8 5 6 • RESOLUTION OF i BOARD OF 0 ••. 1 • E OF INDIAN RIVB1- COUNTY, FLORIDA, PIOVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENT TO 1ST STREET BETWEEN 27TH AND 32ND AVENUES; PROVIDING THE TOTAL ES1 I• ED COST,I • / OF PAMIMU OF "1 ENUMBER OF • I Y INSMUUqNTS,II IMAL IESCRIPTION OF THE AREA SPEC=Y BENEFITED. WIlEREA.S, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 1st Street between 27th and 32nd Avenues; and MMEAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $37,168.00; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall beccmm due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and W=AS, 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 Ca mi.ssioners at the time of preparation 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 '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: Lots 11 through 16 and Lot 18, Block C, Vero Beach Homesites, Unit 1A, Plat Book 3, Page 61; Lots 1 through 15, Block F, Lots 16 through 30, Block C, Vero Beach Homesites Unit 1, Plat Book 3 Page 33; Lots 1 through 8, Block 1, Vero Beach Homesites Unit 1B Plat Book 5 Page 89 as recorded in the Public Records of Indian River County, Florida NOW 'T'fiERM?OORE, BE IT RESOLVED BY THE BOARD OF COUN'T'Y CCYMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 1st Street between 27th and 32nd Avenues, heretofore designated as Public Works Project No.8340, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner 'Scurlock Who moved its adoption. The motion was seconded by Ccmmis- sioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted. this 9th day of January , 196S. BOARD • D • W•INCT-04ISSI• Chairman Attest�� FREDA WRIM, Mirk APPROVED AS TO FORM AND LEGAL ff Assistant County Attorney JAN 9 1985 RUaK 59 uu.414 SAN 9 1985 BOOK ';9 -5 '3rd Street between 18th and 20th Avenues Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. John Romano, 1920 3rd Street, asked the Commission to give some consideration to those people living on a corner by allowing them to pay the cost over a longer period of time than just two years. Public Works Director Jim Davis felt that 3 years would not be a problem with him, and Chairman Lyons advised this would be taken under consideration. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted 'Resolution 85-07, providing for certain paving and drainage improvements to 3rd Street between 18th and 20th Avenues; approved the preliminary assessment roll in the amount of $14,273 to be allocated from the petition paving fund; and authorized the Road & Bridge Dept. to schedule construction. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the extension of payments over a 3 -year period for certain situations where a corner lot is involved. 20 RESOLUTION NO. 85- 7 A RESOLUTION OF THE BOARD OF COUNTY CU44ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENT TO 31D STREET: BETWEEN 18TH AVENUE AND 20TH AVENUE; PROVIDING THE TOTAL ESTIlwED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL IDS r.rMENTS, AMID IEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. �, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 3rd Street between 18th and 20th Avenues; and �, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $14,273.00; and �, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75o) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the TAx Collector of Indian River County ninety (90) days after the final detemination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; 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 preparation of the final assessment roll and, except for those parcels specifically described in the next "WHEREAS" clause, 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 WHEREAS, to reduce the financial impact attributable to the simultaneous improvements by the County of both 19th Avenue and 3rd Street, which intersect resulting in double assessment to the four lots fronting on both projects, the special assessment against Lot 8, Block A, Lot 1, Block B, Lot 1, Block C, and Lot 8, Block D, all in Indian River Heights, Unit I Subdivision, shall be payable in three equal installments, the first to be made on or before 12 months fron the due date, the second on or before 24 months, and the third on or before 36 months from the due date; and BOOK 59 P,6 --T 1 JAN 9 1995 Boa 59 pnx 417 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: Lots 8 & 9, Block D, Lots 1 & 16, Block C, Lot 8, Block A, Lot 1, Block B, Indian River Heights, Unit 1; on record in Plat Book 5, Page 4; Lot 8, Block E & Lot 1, Block D, Indian River Heights Unit 3; on record in Plat Book 6, Page 49 of the Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOAED OF COUNTY OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 3rd Street between 18th and 20th Avenue, heretofore designated as Public Works Project No.8328, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Scurlock Who moved its adoption. The motion was seconded by CcaYmi.s- sioner Bird and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of January , 1985. BOARD OF COUNTY COMMISSIONERS OF 1 1t ' &:. Mi' • • ' U /,/_ iV-df KZAAKPI3 Attest: _ ke FREDA WRIGHT, Clerk-' Assistant County Attorney 19th Avenue between 2nd and 4th Streets Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 8-08, providing for certain paving and drainage improvements to 19th Avenue between 2nd and 4th Streets; approved the preliminary assessment roll in the amount of $31,643 to be allocated from the petition paving fund; and authorized the Road & Bridge Dept. to schedule construction. 23 �9� BOOK. �� JAN �5 RESOLUTION NO. 85- 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CEEMA_TN PAVING AND DRAINAGE IMPROVEMENT TO 19TH AVENUE BETWEEN 2ND AND 4TH STREETS; PROVIDING THE TOTAL ESTIMAIM COST, METHOD OF PAVvM1T OF ASSESSMEN'T'S, NUMBER OF ANNUAL INSMULvENTS, AMID LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. BOOK 59 tAVr 4191 WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 19th Avenue between 2nd and 4th Streets; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $31,643.00; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75o) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; 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 preparation of the final assessment roll and, except for those parcels specifically described in the next "WHEREAS" clause, 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 WHEREAS, to reduce the financial impact attributable to the simultaneous improvements by the County of both 19th Avenue and 3rd Street, which intersect resulting in double assessment to the four lots fronting on both projects, the special assessment against Lot 8, Block A, Lot 1, Block B, Lot 1, Block C, and Lot 8, Block D, all in Indian River Heights, Unit I Subdivision, shall be payable in three equal installments, the first to be made on or before 12 months froan the due date, the second on or before 24 months, and the third on or before 36 months from. the due date; and 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: Lots 1 through 8, Block D; Lots 1 through 8, Block A; Lots 1 through 8, Block C; and Lots 1 through 8, Block B; as shown on the Plat of Indian River Heights Subdivision, Unit 1 on record in Plat Book 5 Page 75 in the Public Records of Indian River County, Florida NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 19th Avenue between 2nd and 4th Streets, heretofore designated as Public Works Project No.8401, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Scurlock Who moved its adoption. The motion was seconded by Ccmmis- sioner Bird and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of January , 1985. Attest: ,Jh-e c`I FREDA WRIGHT, Clerk APPROVED AS TO FORM jai D Assistant County Attorney OF INDIAN RIVER COUNTY, FLORIDA Caws B. LYONS BOOK fA JA N 9 1995 aooK 59 ucF 42 46th Avenue between 8th Street and 9th Place Director Davis explained that the County had received a petition signed by 9 of the 12 property owners on the street, representing 66.70 of the property owners. Commissioner Wodtke asked what percentage of the front footage was needed for approval of the petition paving, and Attorney Brandenburg advised that neither a majority of the property owners nor the owners of front footage was needed and that the Board could proceed on its own. Commissioner Scurlock wished to see a simple majority, 50% plus one, for the petition paving, and asked if there was some administrative problem with having to look so closely at the 66.7% and finding out later that someone has removed their name from the petition. Director Davis said that once they have the consent of 66.70 of the property owners, they consider it a valid petition and move forward to put it on the list and bring it to the Board. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. John Vicek, 940 46th Avenue, stated that they have been trying for a long time to get their street paved as it serves as a throughway into Glendale Lakes Subdivision. He reported that there are only three property owners who did not sign the petition, and the reason they did not sign is because they live on corners. J.B. Egan, III, explained that he was one of the three residents who had not signed the paving petition, and did not because he did not particularly want or need the street paved; however, he does sympathize with his neighbors and could understand why they wanted the street paved. Eugene Folkman, 910 4th Avenue, spoke in favor of the paving and pointed out that after a downpour the swells overflow into the street. David Cairns, Attorney representing property owner Elizabeth Earman, felt there were some inequities in regard to the assessment procedure, as the paving would not be beneficial to his client's 26 _ M M property since the section fronting the street could not be built on. Attorney Cairns believed this was not in accordance with the ordinance, which states that improvements should directly benefit the property. He showed a map of the area and pointed out that all of the lots north of Mrs. Earman's property drain into the lake, and he was told that the County actually owns the lake. Therefore, he feels that his client is actually providing a service to the area. Attorney Cairns proposed that the matter be sent back to staff for consideration on how to make a more equitable assessment on the percentage attributed,to this portion of land. In addition, he suggested that perhaps it could be reworked so as to provide some drainage west from the lake to 46th Avenue and then south to the ditch. Chairman Lyons felt Attorney Cairns made an interesting point, but did not know whether the Commission or staff could spend further time on the matter as the petition is being heard today. Mr. Vicek felt the Board has to consider the fact that a majority of the property owners are in favor of the paving. He pointed out that the Earmans have approximately 8 acres of property behind the lot in question, and he didn't feel that they would have any hardship in this assessment. In addition, the Earmans were the original developers in the area, and now they are only being asked to pay part of the paving. Mr. Vicek felt sure that the paving would increase the value of the Earman property. Attorney Cairns did not want to debate the issue in regard to what his client could afford, he just wanted the Board to consider whether this paving would benefit Mrs. Earman's property, because this parcel of land would never be used. Chairman Lyons believed that the Earman 8 -acre parcel possibly could be subdivided some time in the future and the paving of 46th Avenue would then be beneficial to that property. Commissioner Wodtke felt that it is a dire necessity to pave that road, but he would feel more comfortable if the Earman unbuildable 27 JAN 9 1985 Boa 59 P,1cF422 A N 9 1995e00K �� F�. F 4?9-- 3,: land was deducted from the assessment; unfortunately, that would result in the rest of the people paying a little bit more. Joe Earman, Mrs. Earman's son, agreed that the road needs to be paved, but objected to the assessment. He advised that his father sold the land to a developer who built the subdivision. He reported that he checked with Architect Dave Robison and Engineer Jim Beindorf about the frontyard and backyard setback requirements and found that they just cannot build a house on the lot in question. In addition, he pointed out that the lake now drains down on the south end in front of his mother's summer house into her ditch, which is actually an old overgrown agricultural ditch, and out to 8th Street (Glendale); it does not go on County property. Mr. Earman advised that they are willing to give an easement so that the lake can be drained out to 46th Avenue where a gate could be installed to maintain the level of the lake. He ended by urging the Board to consider a more equitable assessment on their property because the way it stands now, they would be paying 20% of the total project. Attorney Brandenburg advised that the County wants to get rid of all those lakes, and they have suggested that Glendale Lakes property owners form a homeowners' association to accept that particular lake. However, there has not been any progress made in that direction. He recommended that the County disclaim any interest it has in the lake and execute a quit claim deed and give it back to the Earmans, or the original developer of the subdivision, because there is no reason for the County to have ownership of the bottom of those lakes. He noted that even though there is no public access to the lake, it is a constant headache because of the potential liability to the County. Commissioner Bowman anticipated that the State will say that the artesian wells will become plugged and the lake will turn into a retention pond for a development. Commissioner Bird was torn on the matter of the Earman property benefiting by the paving of the road, but he did not know how we could pull a compromise figure out of the air. Director Davis advised that a survey would have to be done in order to subtract the Earman property out of the assessment. � _ r Commissioner Lyons felt that he would vote for the assessment as proposed because he believed that we can't guess whether or not the 8 -acre parcel behind the Earman lot could be subdivided at some time in the future and that the paving of 46th Avenue would make that parcel more valuable. Toni Adams, 941 46th Avenue, understood that the Board is considering taking part of the property out and reassessing the remainder, and strongly objected to that being done. She stated that if she did not live on the street, she wouldn't care if it was paved either. Commissioner Wodtke explained his position on taking the Earman property out of the assessment was because, basically, the ordinance says that the assessment must benefit a property owner. In addition, he felt there is some inequity in this situation because of the drainage. Mrs. Adams stated she is against picking up the extra cost if the Earman property is excluded from the assessment. She pointed out that she has two lots, one of which is undeveloped. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. Commissioner Scurlock felt there was no way to always have an equitable situation in these assessments, and he recommended that the petition paving assessment procedure not be changed. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board adopt Resolution x/85-09, providing for certain paving and drainage improvements to 46th Avenue between 8th Street and 9th Place; approved the preliminary assessment roll in the amount of $24,588 to be allocated from the petition paving fund; and authorized the Road & Bridge Dept. to schedule construction. 29 JAN 1995 R�:oa 5 F,1 F 4?4 JAN 9 1985 . BOOK 59 FA UE 425 Commissioner Wodtke advised that he would vote against the Motion because the ordinance states that there must be an equitable assessment, which he does not feel is the case here. Commissioner Bird felt the Earman situation to be one of those grey areas and intended to vote against the Motion even though he was in favor of paving the road. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried 3-2, with Commissioners Wodtke and Bird dissenting. 30 RESOLUTION NO. 8 5 - 9 A RESOLUTION OF THE BOARD OF COUNTY MwMSSIONERS OF INDIAN M COMM, FLORIDA, PROVIDING F•- CERTAIN PAVING AM DRAINAGE IMPROVEMENT TO 46TH AVENUE WEEN - @I AND 9TH • • M PROVIDING THE TOTALI P EIl COST,I • 1 OF PA)MU OF 7 E I I: @I' OF 1 1• INSTAIUMUS,11 LEGAL DESCRIPTION OF %_Vi. AREA ' I EF= WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 46th Avenue between 8th Street and 9th Place; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements mprovements is $24,588.00; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and 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, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and WAS, 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 preparation 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 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: JAN 9 1985 BOOK 59 F,�GF A?6 r JAN 9195 � BOOK f5 9, FmcI ` 7 46th Avenue between 8th Street and 9th Place: Lots 1 through 9, Block 5 and Lots 7 through 11, Block 6 as shaven on the Plat of Glendale Lakes Subdivision on record in Plat Book 6, Page 26 of the Public Records of Indian River County, Florida Together with that parcel of land, containing 4 acres more or less at the Northeast corner of the intersection of 46th Avenue and 8th Street (Glendale Road) said parcel bounded on the North by Blocks 6 and 7 of said Plat of Glendale Lakes, bounded on the West by the East right-of-way line of 46th Avenue as shown on said Plat of Glendale Lakes, bounded on the East by the West line of lot 4 and the West right-of-way line of 44th Court as shown on the Plat of Glendale Lakes Unit 2, as recorded in Plat Book 9, Page 90 of the Public Records of Indian River County, Florida and bounded on the South by the North right-of- way line of 8th Street (Glendale Road). NOW T1MFMRE, BE IT RESOLVED BY THE BOARD OF COUNTY CWMISSIONERS OF INDIAN RIVER (AUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 46th Avenue between 8th Street and 9th Place, heretofore designated as Public Works Project No.8324, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Ccrtmissioner Scurlock Who moved its adoption. The motion was seconded by Ccmmis- sioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Ave Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Nay Ccmni.ssioner William C. Wodtke, Jr. Nay The Chairman thereupon declared the resolution duly Passed and adopted this 9th day of January , 1981i1 • r I� r �• IW1,011 NOW@ 11 by-, PF=CK B. 1 Chairman Attest• la)k' 1P FREDA WRIGHT, Cletk APP TO FORM AND ByM;wz"�eZ'K CHRISTOPFM J. PAULL Assistant County Attorney 51st Avenue North of Walker Avenue Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Janice Block, owner of a rental home on Walker Avenue, opposed the paving of 51st Avenue because she did not feel it would benefit her property as her tenants come in the front road. The house is on a corner, facing Walker Street which is paved, and 51st Avenue runs down the side of their property (the south 115 feet of Lot A). Mrs. Block stated she and her husband strongly object to being assessed approxi- mately $1100 for something they do not need and would appreciate the assessment being altered. Lee Keech, 2625 51st Avenue, stated that he had started the petition and was very much in favor of the paving. He explained that elderly people attending the day care center on 51st Avenue have to breathe the dust from the dirt road. He pointed out that the Block's tenants use the back road to access Walker Avenue. Chairman Lyons felt that was not the issue here today. Chris Blahnik, 2626 51st Avenue, spoke in favor of the petition because of the drainage and mosquito problems that come with a dirt road. He also noted that the Block's tenants use 51st Avenue and objected to the Block property being excluded from the assessment. Ben Block explained that he and his wife are not saying that the road shouldn't be paved, they are saying that they are not responsible for what their tenants do and felt it was not fair to assess them for the paving of 51st Avenue. Victor Peterson, 2630 51st Avenue, believed the Blocks would benefit by the paving because some time in the future they could put in a driveway off of 51st Avenue. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. 33 IHor9 F',4CE.4?8 r - JAN 1985BOOK 5� Fri!" 9 MOTION WAS MADE by Commissioner Scurlock, SECONDED by ,Commissioner Bowman, to adopt Resolution 85-10, providing for certain paving and drainage improvements to 51st Avenue north of Walker Avenue; approved the preliminary assessment roll in the amount of $31,612 to be allocated from the petition paving fund; and authorized the Road and Bridge Dept. to schedule construction. Chairman Lyons stated he was going to vote in favor of the assessment, because even though the Block property faces Walker Avenue, their tenants will benefit by not getting the dust from 51st Street. Commissioner Bird noted that there have been many cases where property has been assessed even though the homes did not face the street being paved. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 34 RESOLUTION NO. T 5 -10 A RESOLUTION OF THE BOARD OF COUNTY COMMIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR (EROUN PAVING AND DRAINAGE IMPROVEMENTS TO 51ST AVENUE NORTH OF 4g,IZER AVENUE; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL IDSTALIMWIS, AMID LEGAL DESCRIPTION OF TITS AREA SPECIALLY BENEFITED. W PMS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 51st Avenue North of Walker Avenue; and RMEAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $31,612.00; and mn:WAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75o) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall became due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25a) of the total cost of the project; and MmAS, 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 preparation 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 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: Lots 1 through 21, and Lot A, Hampshire Subdivision; Plat Book 2 Page 99 being a subdivision of the East 10 acres of Tract 14, Section 33, Township 32 South, Range 39 East, as recorded in the Public Records of Indian River County, Florida. JAN 9 7995 BOOK v E;E03O r- , JAN 9 199 3 F" E41 3 BOOK ,,, NOW TfMREEORE, BE IT RESOLVED BY TfM BOARD OF COUNTY CISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 51st Avenue North of Walker Avenue, heretofore designated as Public Works Project No.8326, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Scurlock Who moved its adoption. The motion was seconded by Commis- sioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of January , 1983- B. LYONS AttestiJ/ FREDA WRIGHT Clime Assistant County Attorney /RESOLUTION HONORING ROSEMARY RICHEY Chairman Lyons read the following resolution aloud and presented it to Rosemary Richey, who expressed her appreciation for all the cooperation given to her over the years by the Board of County Commissioners. 37 JAN 9 19 5 _ Boor. q Fa,F 432 RESOLUTION NO. 85— 4 WHEREAS, Rosemary Richey has faithfully served the citizens of Indian River County as Supervisor of Elections for over thirty years; and WHEREAS, Rosemary Richey's professionalism, fairness, integrity and devotion to her work has exemplified the'' highest standards of public service; and WHEREAS, Rosemary Richey has maintained those high standards throughout her tenure despite the sevenfold increase in the registered voter rolls; and WHEREAS, Rosemary Richey's courteous and efficient. administration of her office has long been appreciated by `the _. community; and WHEREAS, after a highly successful career in. public office, Rosemary Richey has now stepped aside to return - to private life. :. NOW THEREFORE BE IT RESOLVED BY . -THE . BOARD OF .COUNTY - COMMISSIONERS.OF INDIANRIVERCOUNTY, FLORIDA that: A.. On behalf of itself and all the" citizens of Indian River County,, Florida, the'Board of County- Commissioners hereby expresses its respect,, _ p , gratitude and "sincere 'appreciation to �k RosemaryRichey for her thirty years y.'.of v. dedicated -:and distinguished service to the citizens of Indian River County and wish her a long and happy retirement. g BOARD OF COUNTY COMMISSIONERS OF `INDIAN COiJNTY FLORIDA ,.' 00, By . ' . TRICK B. LY S Carman APPROVED AS TO FORM "`I Attest: AND LEGAL SUFFICIENCY: By bly, By FREDA WRI T, erk BRANDENBURG, my Attorney 38 HEARING - DEMOLITION AND REMOVAL OF EDGAR AND FLORENCE BROWN PROPERTY 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: 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 • In the —` lished in said newspaper in the issues Court, was pub - 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 before me this 3 ay of 19 (Clea gf the Cjrguit Cgtifl, I (SEA6) `t The Board reviewed the following memo dated 1/2/85: TO: The Board of County DATE: January 2, 1985 FILE: Commissioners SUBJE ea ing to Declare Hazardous Structure and Order Demolition - and Removal - Edgar and Florence Brown Property FROM: Chris her J. Paull REFERENCES: Assistant County Attorney Pursuant to §4-21 of the Code of Laws and Ordinances, it is respectfully requested that the Board conduct a hearing to determine whether or not a certain dilapidated dwelling at the intersection of 38th Lane and U. S. Highway 1 be declared hazardous and demolished and removed from the property. 39 BOOK 5 9 F,rA.,E 4'34 r A 14, 9 195 anoK 59 FlkoE435 The dwelling is on Lot 11, Block 1, W. E. Geoffrey Subdivision, Plat Book 2, (St. Lucie County), Page 12, of the Public Records, now lying in Indian River County, Florida. The record title holders to this property, as indicated by both the Official Record Books and the Property Appraiser's records, are Edger B. and Florence Brown. Staff has learned that a Mrs. Laura Judon may have an interest in the property by virtue of an unrecorded agreement for deed. All parties have been given notice of this hearing. Chapter 4 of the County Code authorizes the County Commission to order demolition and removal of the dwelling and the placement of a lien for all expenses thereof after a determination that the dwell- ing constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. The attached inspection report from the Building Department will be supplemented at the hearing by additional evidence from the Building Director. As of this date, I have been advised by representatives of the parties involved that the building is to be demolished and this may have been completed by the hearing date which will render the hear- ing unnecessary. Because this matter has been continuing without success for approximately one year, it is recommended that the Board proceed with the hearing until the matter has been completely and satisfactorily resolved. Assistant County Attorney Chris Paull reported that the building is now a pile of lumber since the demolition process was speeded up a bit. He explained that the main reason for this hearing today is for the Board to confirm that the building was a hazardous structure and authorize the County to haul away the remaining debris if the owners do not do so within a 30 -day period. Attorney Paull advised that today's hearing is a public hearing to the extent that it gives the owners of the property a right to address the Board regarding their interests. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously declared the dwelling at the intersection of 38th Lane and U.S. 1 to be a hazardous structure and authorized the 40 -I demolition and removal of same; and set a 30 -day period for the owners to clean up the debris with the understanding that if it is not removed within this time frame, the County will do it and bill the owners for the expense. / PUBLIC HEARING — ORDINANCE INCREASING COUNTY WATER AND SEWER IMPACT FEES FOR NEW CONNECTIONS 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 ,a rd f PtlBLICNOTIw The Board ty Commiesimlere of I Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath River County Fiori will conduct a i says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper ublished . °" .the Coday� January 9,' 7� Y 9 YP 6= a.m:_ in; the Commission Chambe1 i at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being County,_ Administration: Buflding;.'^134Q StreeL,, Vero Beath, FL:32M to conatch /%G2�2 ;i'#AN adoption of an.ordInance THE entitled si. r. a 4AN ORDINANCE OF TFIE BOARD OF �O :COMMISSIONERS OF INDIAN RIVER COt FLORIDA, MODIFYING APPENDIX SCHEDULE! OF INDIAN° RIVER COUNTY °i in the matter of NANCENO,84118,, INCREASING THE W IMPACT' FEE AND SEWER IMPACT.,: FEE NEW, CONNECTIONS To:THE INDIAN I I in the Court, was pub- lished in said newspaper in the issues of S,,�Zz 1,m7 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 before me this _ day o D. 19 r (pusiness Manager) of the Circuit CourA,Jfhdian River County, Florida) (SEAL) 41 neon decides to A the above matter, record y record. which,,1 .._ ".S. BOOK 8 - = g v v, S n f3 C 0 C -)Fri --` 't� ®� = f4 � 59 PACE 436 r JAN 9 1985 BOOK 59 PAGE 437 The Board reviewed the following letter dated 12/7/84: QLJ L�LJ U�U U �O�LI V�---------------------- 1500 Independent Square u V Jacksonville, Florida 32202 December 7, 1984 I r Mr. Terrance Pinto Public Utilities Director Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Terry: Enclosed are the results of our water and sewer impact fee calculation. We have developed separate impact fees for water and sewer, at one hundred percent cost recovery and eighty- five percent cost recovery. The following table presents results df this calculation. Percentage Of Total Cost Recovery 100% 85% Water Impact Fee $1343.69 $1142.13 Sewer Impact Fee $1473.96 $1252.87 Total Water and Sewer Impact Fee $2817.65 $2395.00 These calculations were derived using an automated computer model, a copy of which is enclosed. The following assumptions were used in the calculation of these impact fees. Water o Estimated usage per day - three hundred gallons. o Plant capacity is 2.5 MGD for the RO water plant in South County. o North County Water Pump Station capacity is .7 MGD. o Total water capacity 3.2 MGD. o Water costs were categorized by original cost of functional component, by year and escalated, using Engineering News Record (ENR) escalation factors, to a 1985 replacement cost. Hence, the impact fees calculated in this model represent 1985 costs. 42 Sewer o- Estimated usage per day - 250 gallons. o Vista Royale sewer plant capacity equals .5 MGD. Vista Garden sewer plant capacity equals .15 MGD. North County sewer plant capacity equals .1 MGD. South County sewer plant capacity equals .1 MGD and Route 60 sewer plant capacity equals 1 MGD. o Total capacity equals 1.85 MGD. o -A11 costs are escalated to 1985 dollars. We appreciate this opportunity to be of service to you on this intetestipg project and would like to express our gratitude to Mr. Joe Baird, for supplying us with all original costs and capacity data regarding the functional components of the system. Should you have questions or comments concerning this report, please feel free to contact Mr. Mike Burton at (904) 358-2000. - Very truly yours, 43 BOOK 59IN 438 a BooK 59 CE439 Indian River County Calculation of Water and Serer impact Fees Filei Indianl Total Vista Royale Water $626, fin 1.73 North County Water Replacement Recovery $1,006,554 Original Year Escalation Cost Charge Estimated Facility Cost Acquired Factor 1985 Capacity per Gallon usage/Day 100% Wdlert 180,000 1984 Distribution Mains $20,000 South County Water Total North County Water $1,093,800 TOTAL WATER $11,921,124 R.D. Plant $4,873,350 1983 1.19 ~5,790,027 2,500,000 Trunk Lines $1,068,416 1983 1.13 $1,269,385 Storage Tank $8601000 1983 1.19 $1,021,766 1982 Mid -Fla Dist. System $209,826 1978 1.78 $368,224 North County Serer Mid -Fla Storage Gifford Serer Plant $517,329 1978 Trun4 Lines Tank Refurbishing $30,000 1985 11.00 $30,000- . . Total North County Serer Evora Dist. System $93,975 1982 1.28 $119,846 Plant Treasure Coast Dist. System $65,069 1982 1.28 $82,982 Evora, Treasure Coast, Rt. 60 Water twin $3,000,000 1985 1.00 $3,000,000 Evora, Treasure Coast, Total South County Water $10,200,636 I South Cty. Coll. Syst. $76% 000 Im Total South Canty Serer Vista Royale Water Royale Dist. System $379,831 1982 1.28 $484,398 Gardens Dist. System $151,857 1982 1.28 $193,663 Pump Station $95,000 1982 1.28 $121,154 Total Vista Royale Water $626, fin 1.73 North County Water 1.75 $1,006,554 Poo Station $78,572 17M E:evated Tank $341,660 1978 Trunk Line $573,568 1978 Trunk Line 180,000 1984 Distribution Mains $20,000 1385 Total North County Water $1,093,800 TOTAL WATER $11,921,124 Serer: Vista Royale Serer Serer Plant $9°.0,000 1982 Serage Coli. System $798,901 1982 Gardens Plant $310,000 1982 Gardena Lines 1268,602 1982 1 ` Total Vista Royale Serer $2,327,503 North County Serer Gifford Serer Plant $517,329 1978 Trun4 Lines $165,175 1378 Jail Serer Coll. 1!00,000 1984 Total North County Serer $782,504 South Canty Serer Plant $389,000 1985 Collection $318,250 1985 Evora, Treasure Coast, i South Cty. Coll. Syst. $159,044 1982 Evora, Treasure Coast, I South Cty. Coll. Syst. $76% 000 Im Total South Canty Serer $1,631,294 Plant $5,140,000 1986 Total Rt. 60 Sewer $5,140,000 TOTAL SEWER $9,881,301 TOTAL WATER AND SEWER IMPACT FEES 1.75 $137,886 700,000 1.73 $599,579 1.75 $1,006,554 1.09 $87,200 1.00 $20,000 Rate Gsz 614,332,665 31200,000 • 4.48 300 61,343.69 $1,142.13 1.19 61,127,175 500,000 1.19 $94718% 1.19 1367,815 150,000 $318,696 1.82 $939,728 100,000 1.82 $310, 040 1.05 $105,000 1.00 $389,000 100,000 1.00 $318,250 1.19 $168,705 1.00 $765,000 1.00 $5,140,000 1,000,000 010,907,306 1,850,000 5.90 250 $1,473.96 $1,252.87 $2,817.65 $2,395.00 44 L Utility Services Director Terry Pinto explained that the major intent of the impact fee is to place the cost of new capital improve- ments on those who will directly benefit and in no way allow the extension of the water or sewer systems to impact the existing customers. He noted that some 4,000 units of new development on SR -60 have pledged to pay the impact fee assessment for the wastewater line and construction of a treatment system to service that area, and there has been a similar impact fee assessment for water on SR -60. The proposed impact fees would be $1140 for water and $1250 for sewer. Attorney Brandenburg explained that the effective date of an ordinance is usually about ten days after the ordinance is adopted by the Commission, and advised that anyone could come in and vest water or sewer taps at the present impact fees prior to the effective date. Director Pinto explained that when the SR -60 sewer line is in place, those developers must hook up, and this will eliminate the need for approximately 12 package plants in that area. He noted that they have emphasized this point to the DER as they feel that the DER should be saying that temporary package plants should not be built and instead allow some temporary method until the sewer lines are in. Director Pinto cited the restaurant on the corner of Kings Highway and SR -60 as an example of the problems that could arise when construction precedes the sewer lines coming in. Director Pinto also recommended that the current 3 -year payment period for impact fees be extended to 5 years (60 months) for existing units, and Attorney Brandenburg explained that an ordinance providing for the extension of payments from 3 years to 5 years would be advertised and placed on the agenda for the meeting of February 6, 1985. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Neil Nelson reported that this matter was discussed at yesterday's meeting of the Construction Management Council and the Council favors the installation of the water and sewer lines, even though they realize that it will result in a much higher cost than 9 45 JAN 91985 MOO i� G 440 JAN 9 1985 BOOK 59 F,,,441 putting in a septic system and well. They just want to be assured that this significant increase is justified and that the consultant's figures are accurate. Director Pinto advised that the monies must be spent in a certain manner, such as the enlargement and increase of capacity of the system. He stated that he has checked the consultant's figures and found them to be very equitable. Commissioner Bird asked the amount of the current impact fees, and Director Pinto advised that the water was $380 and the sewer was approximately $545. Commissioner Scurlock explained that the increased current cost of plant expansion is reflected in this increase along with a change in formula. The past formula was that the impact fee would reflect 50% of the capital improvements and the rate structure picked up the remaining 50%. This particular proposal reflects 80% recovery from the impact fee and 20% of the rate structure. Administrator Wright felt that this will stabilize the rates, and Director Pinto believed this will help forestall any rate increases for approximately two years or so. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner. Bird, the Board unanimously adopted Ordinance 85-03, increasing the water impact fee and sewer impact fees for new connections to the County utility system. Administrator Wright advised that he would provide Mr. Nelson with a copy of the procedures in this matter. 46 - INDIAN RIVER COUNTY ORDINANCE NO. 85-3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING APPENDIX "A," RATE SCHEDULE OF INDIAN RIVER COUNTY ORDINANCE NO. 84-18, INCREASING THE WATER IMPACT FEE AND SEWER IMPACT FEE FOR NEW CONNECTIONS TO THE INDIAN RIVER COUNTY UTILITY SYSTEM; PROVIDING FOR MODIFICATION OF IMPACT FEES; FULL FORCE AND EFFECT OF ORDINANCE NO. 84-18; INCLUSION IN THE CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Indian River County has conducted a study to determine the capital costs associated with one equivalent residential unit being connected to the County water and sewer system, and WHEREAS, it is now apparent that an increase in the County's impact fee is necessary to assure that new growth pays its fair share of the cost of the County system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. CONNECTION TO THE COUNTY WATER AND SEWER SYSTEM Modification of impact fees, Appendix "A," Schedule of Rates, Ordinance No. 84-18. Appendix "A," Schedule of Rates of Indian River County Ordinance No. 84-18 is hereby modified as follows: IMPACT FEE Water Sewer SECTION 2. FULL FORCE AND EFFECT $1,140.00/ERU $1,250.00/ERU Ordinance No. 84-18 and Appendix "A" thereto remain in full force and effect except to the extent modified in Section 1 of this Ordinance. JAN 9 1985 BooK f', � 442 FP - JAN - 9 1995 BOOK 59 P° 443 SECTION 3. INCLUSION IN CODE This Ordinance shall be incorporated into the Code of Indian River County 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 purposes. SECTION 4. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of this Section which can be given in effect without the invalid provision or application, and to this end, the provisions of this Section are declared severable. SECTION 5. EFFECTIVE DATE The provisions of this Ordinance shall be come effective upon receipt from the Secretary of the State of Florida of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9th day of January , 1985. BOARD OF COUNTY COMMISSIONERS OF INDIANIRIVER COUNTY By P ick B: Lyon Chairman Acknowledgment by the Department of State of the State of Florida, this 16th day of January , 1985. Effective Date: Acknowledgment from the Department of State, received ... on this 21st day of January , 1985 at2:00 A.M. /P:M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPRI/A5 F "A OS I AND AL SUR-, CY: d 9',Braridenbu'-g, oun y Attorn -, V- SUBSTITUTION OF MAINTENANCE SECURITY FOR BOXWOOD ESTATES SUBDIVISION The Board reviewed the following memo dated 12/28/84: TO.DATE:Board of County DATE:December 28, 1984 FILE: Commissioners SUBJECT: Substitution of Maintenance Security for Boxwood Estates Subdivision C9V FROM. istopher J. Paull REFERENCES: Assistant County Attorney At the time of final plat approval for Boxwood Estates Subdivision, on November 7, 1984, the Board accepted a maintenance agreement secured by a cash pledge deposit with Harbor Federal in the amount of $30,000.00. The pledge deposit was provided by the developers, Cliff and Ann Reuter and Charles F. Box, on an interim basis while they obtained a performance bond from a surety company. A performance bond in the proper amount has now been supplied and it is requested that the County Commission accept this new surety instrument and authorize a release of the pledge deposit made previously through Harbor Federal. Requested Action - Motion to accept Maintenance Bond in the amount of $22,575.00, dated December 7, 1984, in exchange for the release of the previous pledge deposit from Harbor Federal for Boxwood Estates Subdivision Maintenance Agreement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously accepted a maintenance bond in the amount of $22,575, dated 12/7/84, in exchange for the release of the previous pledge deposit from Harbor Federal for Boxwood Estates Subdivision Maintenance Agreement. �I -49 JAN 9 1985 BOOK. v F'nu 444 FP'_ JAN 9 1985 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, Clifford and Ann Reuter, 2015 9th Street, SW, Vero Beach, Florida, 32962 as Principal and State Farm Fire and Casualty Company, a corporation organized under the laws of the State of Illinois, with principal office at Bloomington, Illinois, duly authorized to do business in the State of Florida, as surety, are held and firmly bound unto the Board of County Commissioners of Indian River County, Florida, 1840 25th Street, Vero Beach, Florida 32960 (hereinafter called the Obligee), in the penal sum of TWENTY TWO THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS, ($22,575.00), for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated this 7th day of December , 1984. WHEREAS, the said principal has heretofore entered into a contract with the obligee above-named for the construction of certain required subdivision improvements in Boxwood Estates Subdivision and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee, and Principal has entered into a second contract with the Obligee concerning the guaranty and maintenance of said required improvements; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said principal shall, for a period of one year from and after the 7th of November, 1984 faithfully perform its obligations under said Guarantee and Maintenance Agreement and indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue and law. PROVIDED, HOWEVER, that in the event of any default on the part of said principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the surety by registered mail, at its home office in the City of Bloomington, Illinois, promptly and in any event within twenty (20) days after the Obligee or his representative shall learn of such default, and that no claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of ninety ( 90) days from the end of the maintenance period as herein set forth. Pr ' rural (Seal) l t (Title) STATE FARM CASUALTY & SURETY CO. (Surety) (Seal) By L� �� I / 1 LuJ 'tTit e) Attorney in Fit (Must add Power of Attorney) 50 Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY KNOW ALL MEN BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, office in Bloomington, Illinois, does hereby constitute and appoint: Ga ra 1 d F. Krawc Of b 100171 its true and lawful corporation, with its principal y.a, to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in theme of a bond as follows: Any such bond in any amount. This appointment is made under and by the authority of a resolution which was by the Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 24th day of July, 197 is duly authorized by the Board of Directors in Article II, Section 6 of the By -Laws of the Company, which resolution is: Resolved, that the Executive Vice -President or aVice-President of the C nZiLV i4by authorized to appoint and empower any representative of the Company or other person or persons as Attorney-irkt� cute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory ' t of a bond, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto cution of such documents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly executed officers of the Company. Any Attorney -in -Fact, so appointed, may be removed for good cause and t or so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Executive Vice-Presi facsimile on any power of attorney granted, and the signature Company may be affixed by facsimile to any certificate of any s and seal shall be valid and binding on the Company. Any sucFy with respect to any bond or undertaking to which it is attach IN WITNESS THEREOF, STATE FARM FIRE j President, and its Corporate Seal to be affixed this 1 st This APPOINTMENT SHALL CEASE AND REVOKED AS PROVIDED. i Py VW;p%President and the seal of the Company may be affixed by e%, Vice -President or Assistant Secretary, and the seal of the ny such power or certificate bearing such facsimile signature Q - uted and sealed and certificate so executed and sealed shall, o be valid and binding on the Company. COMPANY has caused this instrument to be signed by its Vice - 1982. AUTOMATICALLY AS OF DECEMBER 31, 1987, UNLESS SOONER \ STATE FARM FIRE AND CASUALTY COMPANY �OQ By. OTON.%��%%o`S Vice -President and Secretary THIS POWER INVALID JAED DIAGONAL IMPRINT "STATE FARM FIRE AND CASUALTY COMPANY, BLOOMINGTON, ILL IN }% V IS NOT PRESENT IN ITS ENTIRETY STATE OF ILLINOIS COUNTY OF McLEAN 0 On this 1 st day ember 1982, before me personally came Philip G. Buffinton to me known, who being duly sworn, did depose and say that he is ViccA,Pr ident of STATF_4RM FIRE AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; th knows the se -al said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of tpe er poration by authority of his office under the By -Laws of said corporation. %AOTARI ':r^c •� FU8t1C :�� Notary Public My commission expires November 1, 1986 .� ��� '�Cg ONgy. '''"C ., ,'CERTIFICATE I, the undersigned Vice -President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and sealed at Bloomington, Illinois. Dated this 7th day of December 1 g84 co Vice -President BOOK 59 FnUF 446 ""g' I pN0 OpPORgT G F i a. . a 11t 4?"NOTON,%16 If you have a question concerning the validity of this Power of Attorney, call (309) 766-6198. Fab -9043.4 JAN 9 1985 co Vice -President BOOK 59 FnUF 446 ""g' I JAN 9195 ACYNam OF SURETY BOOK ro FAGS 447 et—� STATS OF ILLINOIS Coanty of bscLeap t, Irene Mgdre9. a Notgr9 Public.- ,.In and for said cgvnty in the state iiforasaids do hereby certify that Garald F. KraWr-yk ,. Attorney -in -Fact of STATE TARN FIRE AND CASUALTY COMPANY of Bloomingtons Illinoiss a corporation duly organised and e33sting under the lava of the State of Illinois, personally known to me to ba the now person whose name is subscribed to the foregoing Instrument as Attorney -in Fact of STATS FARM FIRE AND CASUALTY COMPANY$ appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his and State Farm Fire and Casualty Company's free and voluntary act for the uses wind purposes therein set forth. Given under my bund and official seal this 7th day of December s 1984. ' �a Harbor `moi\ JII►► clip: ® F VERO BEACH OFFICE:65521STSTREET VERO BEACH, FLORIDA 32960 Board of County Commissioners of Indian River County, Florida 1840 25th Street Vero Beach, FL 32960 Re: Pledge Deposit for Subdivision Maintenance Agreement Gentlemen: t October 1, 1984 r °I MIRACLE MILE SHOPPING PLAZA TELEPHONE: (305) 562-1666 This institution has received on deposit the sum of $301,000.00 from Cliff & Ann Reuter, the developer of a subdivision in Indian River County known as Boxwood Estates Subdivision. This sum has been pledged to Iridian River County, as assurance that developer shall perform in all respects the obligations set forth in the attached "Warranty,'Maintenance Agreement, and Bill of Sale for Required Improvements," and shall be held by this institution for that purpose, The funds shall remain subject to this pledge arrangement until the end of ninety. (.0) days beyond the last day of developer's one year obl,igationunder the -attached -agreement, unless released earlier in writing by you. The funds hereunder shall be disbursed to you upon receipt by the institution of a certified copy of a resolu- tign of the Board of County Commissioners stating that developer has defaultedunder the maintenance agreement and that said funds are necessary to restore, complete, or otherwise correct the required improvements. .It is understood that during the term of this pledge arrangement, any interest earned on the funds in the account may be redeposited in the account or paid elsewhere, at the option of the developer. Interest which is redeposited in the account shall be considered as available to cover any deficiency resulting for which developer may be liable, in the event of default and recourse by the County under the maintenance agreement. The funds deposited hereunder are pledged and exist solely for the protection, use and benefit of the County and shall not be construed or intended in anyway, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, material man, architect, engineer, attorney or other party providing labor, material, supplies, or services for maintenance of the required improvements, or to the benefit of any lot purchaser, as long as such funds remain subject to this pledge agreement, unless and until the County shall agree otherwise in writing. HARBOR FEDERAL SAVINGS & LOAN ASSOCIATION, FORT PIERCE, FLORIDA Boor PAGE 448 jA-N 9 1985 Board of County Commissioners page 2 10/31/84 BOOK 5)_:.i F'GE Neither the County nor this institution shall be liable to any of the aforementioned parties for claims against the developer relating to the required subdivision improvements. Funds pledged hereunder shall not be released or reduced in anyway during the course of this agreement, except in strict accordance herewith, or in such manner as may be otherwise agreed to in writing by the Board o County Commissioners. Developer may substitute another form of security upon approval by the Cqunty at which time the County shall authorize release of tb:,s pledge. NB - HARBOR FEDERAL SAVINGS & LOAN ASSOCIATION Name ✓ Title Attest;. Name Title r �y ,4�EPORT ON THE BEACH PRESERVATION AND RESTORATION COMMITTEE Commissioner Wodtke reported that the Committee met yesterday and discussed the position that the County and City took recently on beach renourishment and what approach should be taken to get the project started. It was suggested that the Board of County Commissioners make some recommendations on how to expand the Committee, which currently has five members. He advised that Indian River Shores does not have a council member who wishes to serve, and Carolyn Eggert suggested that Mike Rose represent Indian River Shores. There has been a request for a representative from Harbor Branch Foundation, and it was suggested that Grant Gilmore be appointed to the Committee, which would give us an expert in the environmental area. The Committee feels that we also need representatives from the coastal engineering field. Commissioner Wodtke asked if the Board wished to expand the Committee any further. Chairman Lyons suggested that we have someone on this Committee who will provide financial expertise, as he felt that we are not going to receive any federal money for beach renourishment and the money eventually will have to come from the County. Commissioner Scurlock believed that the Finance Advisory Committee could make a recommendation when we get to that point in time. He suggested that we follow the same procedures used in the creation of the South County Fire District and the new jail, where we would make an arrangement for an analysis and then develop a program to sell it to the general public. He believed that two more members would be needed just to educate the public on the project. Commissioner Bowman felt that this was a long-range plan and we really need a long-range capital improvements plan. Commissioner Wodtke did not anticipate that Art Challacombe of Environmental Planning would spend all of his time on this project. Chairman Lyons suggested that the Board make their recommendations for appointments at next week's meeting. Commissioner Wodtke advised that they have received a letter dated January 4, 1985 from the DER asking for the County to resubmit the application for the Army Corps of Engineers project for FY -85. He JAN 9 1995 51 Of J ROOK '17"A�q F°GF o % recalled that the Arthur Strock firm submitted the first application and staff has been doing it for the last two years, and he anticipated that it would be the same except for the updated cost. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized Commissioner Wodtke to take proper steps to file the application for FY -85 with the DER for the Army Corps of Engineers project. IREARMS RANGE COMMITTEE APPOINTMENT Commissioner Bird reported that yesterday he had met with David Luke of the National Rifle Association to determine what County -owned properties might be the best location for the firearms range. They are trying to develop the range to meet the needs of both law enforcement officers and the public, The Committee feels the best piece of property would be the old stump dump site. The cost to the County in developing the berms for the backstops would be minimal. Major Roy Raymond has indicated that Sheriff Dobeck had enough money in his confiscated fund to pay for other improvements such as targets, etc. It is the intent of the Committee that once the range is developed, it will be self-sustaining through charging fees, etc. Commissioner Bird advised that the Committee will meet again in three weeks, and recommended that Ned Potter be added to the Committee. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously approved the appointment of Ned Potter as a member of the Firearms Range Committee. ECONOMIC DEVELOPMENT COMMITTEE The Board reviewed the following resume: 52 a I Commissioner Scurlock explained that Ben Bailey has resigned because he serves on another committee and recommended that C. Kennon Hendrix be appointed to serve in his place. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the appointment of C. Kennon Hendrix to serve on the Economic Development Committee in place of Ben Bailey. )TRANSPORTATION PLANNING COMMITTEE REPORT The Board reviewed the following report dated 1/8/85: 53 � JAN 9 1985 �nC�a GtaGf 45L C. KENNON HENDRIX 2739 Ocean Drive Home: 231-4905 Vero Beach, FL 32963 PROFESSIONAL Attorney at Law, Moss, Henderson & Lloyd, P.A. 817 Beachland Boulevard, Vero Beach, FL 32960 Attorney at Law, Cummins & Hendrix 440 Collings Avenue, Collingswood, NJ Attorney at Law, Roy D. Cummins, Esq. 440 Collings Avenue, Collingswood, NJ AFFILIATIONS Florida Bar, American Bar Association, New Jersey State Bar Association, Camden County (NJ) Bar Association, Indian River County (FL) Bar Association, Defense Research Institute, New Jersey Defense Association, Florida Defense Association, New Jersey Supreme Court District Ethics Committee (1980 to 1983), President University of Tennessee National Alumni Association, Philadelphia Chapter (1976 to 1979). EDUCATION Legal, University of Tennessee, Knoxville, TN J.D., 1973 Undergraduate, University of Florida, Gainesville, FL University of Tennessee, Knoxville, TN, B.S. Finance 1969. RESIDENCES 1947 to 1953 Shreveport, LA 1953 to 1966 Coral Gables, Pompano Beach, Melbourne, Jacksonville, Gainesville, FL 1966 to 1969 Knoxville, TN (University of Tennessee undergrad) 1970 to 1972 Lawton, OK (U.S. Army) 1972 to 1973 Knoxville, TN (University of Tennessee Law School) 1973 to 1984 Collingswood, NJ 1984 Vero Beach, FL MILITARY 1970 to 1972 U.S. Army, Ft. Sill, Oklahoma PERSONAL Born November 17, 1947, Shreveport, LA Married. Commissioner Scurlock explained that Ben Bailey has resigned because he serves on another committee and recommended that C. Kennon Hendrix be appointed to serve in his place. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the appointment of C. Kennon Hendrix to serve on the Economic Development Committee in place of Ben Bailey. )TRANSPORTATION PLANNING COMMITTEE REPORT The Board reviewed the following report dated 1/8/85: 53 � JAN 9 1985 �nC�a GtaGf 45L JAN 9 1995 Telephone: (305) 567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 SUMMARY OF ACTIONS TRANSPORTATION PLANNING COMMITTEE January 8, 1985 1. Place of School Bus Stop Benches in'County Right -of -Way: BOOK 5 F-,� if 453 Suncom Telephone: 424-1011 Committee unanimously recommended denial on placement of these benches due to questionable use and maintenance. 2. Traffic Impact Fee Ordinance Study: a. Level of Service Standards - "C" annual average/ "D" peak season is recommended over "B" annual/ "C" peak season due to excessive costs. b. Population Projections - recommended use of pro- jections developed by Carter & Associates which were used also for the wastewater and potable water studies. The BEBR (Bureau of Economic and Business Research) figures normally used are not accurate enough and are no longer the "official" state population estimates. Commissioner Scurlock reported that discussion took place on how these projects agreed with State procedures in regard to the Hutchinson Island Resource Management Plan. Commissioner Scurlock recommended that Walter Jackson replace Pearl Jackson on the Transportation Planning Committee. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously appointed Walter Jackson to the Transportation Planning Committee to serve in place of Pearl Jackson. 54' r I The several bills and accounts against the County having been audited were examined and found to be correct were approved and f �,�warrants issued in settlement of same as follows: Treasury Fund Nos. 15058 - 15248 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 duly made, seconded and carried, the Board adjourned at 11:30 o'clock A.M. ATTEST: Y Clerk Chairman (J 55 BOOK jy-, `���E 454