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HomeMy WebLinkAbout4/17/1985Wednesday, April 17, 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, April 17, 1985, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Absent was Patrick B. Lyons, Chairman, due to illness. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Vice Chairman called the meeting to order. Reverend David C. Lord, Trinity Episcopal Church, gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Wright requested an item be added in regard to the purchase of the Title & Trust Building and also an item in regard to calling the bond on RAX Restaurant. Commissioner Wodtke wished to add an item commenting on the passing of former County Commissioner Ed Schmucker. He also wished to add a discussion of proposals before our state legislature. Vice Chairman Scurlock requested that a report from the Transportation Planning Committee be added. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, Chairman Lyons being absent, the Board unanimously (4-0) approved the addition of the above items to today's agenda. APR 17 1985 BOOK C FA,Uc , 5 l� APR 17 1985 Bou 60 z:-,�, 573 APPROVAL OF MINUTES The Vice Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 20, 1985. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of March 20, 1985. The Vice Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 27, 1985. Commissioner Bird noted that on Page 28 he was quoted as stating that "if the site plan was approved....., it should be cast in stone.......", but he believed he had stated that "it should not necessarily be cast in stone." He requested that the Recording Secretary check this on the tape. Commissioner Wodtke referred to the paragraph on the very last page beginning "The several bills and accounts against the County having been audited were examined and found to be correct were approved and warrants issued......" He felt this should be an agenda item. The Recording Secretary noted that this is a standard statement which has been included at the end of the Minutes for many years, and Administrative Aide Liz Forlani explained that at one time the Commissioners did go through every bill, but we have instituted more sophisticated procedures now. Attorney Brandenburg fe-It this statement is not necessary and'that it can be eliminated from the Minutes. Commissioner Wodtke stated that he would have no problem with including it as a Consent Agenda item, but Vice Chairman Scurlock believed it is an outdated process and should be 2 discontinued. It was generally agreed that this paragraph should be eliminated from future Minutes. In further discussion, it was agreed to delay approval of the Minutes of the Regular Meeting of March 27, 1985, until the next meeting so that the Recording -Secretary can check Commis- sioner Bird's statement. CONSENT AGENDA A. Appointment to Indian River Housing Authority The Board reviewed letter from the Office of the Governor, as follows: STATE OF FLORIDA ypQ INE 8f�rP (Offire of tilt Saiiernor W E u THE CAPITOL • �eonws�poE• TALLAHASSEE 32301 BOB GRAHAM GOVERNOR April 2, 1985 Honorable Don C. Scurlock, Jr; Board of County Commissioners 1840 - 25 Street Vero Beach, Florida 32960 Dear Commissioner Scurlock: n �7 ti O Governor Graham has reappointed Timothy Bradley, Jr. to the Board of Commissioners, Indian River Housing Authority. According to Section 421.27, Florida Statutes (1983), County Commission approval is required. Please place this matter on the agenda for the next County Commission meeting, and write or call me to let me know the results. Thank you. Sincerely, , JoAnn Carrin Deputy Appointments Cooridnator 3 BOOK 60 FACE 5 d 4 BOOK 60 PAGE 575 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) agreed to the reappointment of Timothy Bradley, Jr., to the Board of Commissioners of the Indian River Housing Authority as recommended by Governor Graham. B. Resignation from Beach Preservation 6 Restoration Committee The Board reviewed the following letter of resignation from Ned Smith: j Ned P. Smith 1426 - 26th Avenue Vero Beach, Florida. 32960 _ .C, *PIP liam 'fodtke, Jr. Board of Jounty "'ommissioners 1840 25th Street Jero Beach, FL 32960 Dear Sill: Following up on the talk we had this past Tuesday, after the meeting of the Beach Preserva- tion and restoration 01ommittee, I would lute to request that I be removed from the committee and be placed on the "active reserve list". It has become clear during the past several creeks that tine issues being addressed by the committee do not overlap significantly with my expertise in physi- cal oceanography. As a result, my contribution has been, and I suspect ,,could continue to be mini- mal. This, combined with increased delsands on my time at harbor :3ranch Foundation as -g-Te wove into the busy summer :months, necessitates my request. I would like to restate and stress my willing- ness to assist the .3each Preservation and restora- tion ;;oamittee, or the technical subco aittee, if and :viten the appropriate issues a<�nd :questions arise. I 4(cerely, Ned P. Smith ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) accepted the resigna- tion of Ned Smith from the Beach Preservation and Restora- tion Committee and expressed appreciation of his services. 4 r r � C. Appointment to County -wide Recreation Study Committee The Board reviewed letter from the City of Fellsmere: CITY CLERK'S OFFICE PHONE 571.0116 April 02, 1985 C�itl; of Jfipll�mpr� INDIAN RIVER COUNTY POST OFFICE BOX 38 FELLSMERE, FLORIDA - 32948 Board of County Commissioners Administration Building Vero Beach, Florida 32960 To Whom It May Concern: df POLICE DEPARTMENT PHONE 571-1360 ' This letter is to inform you that effective January, 1985, Susie Wilson was appointed to represent the City of Fellsmere for the Countywide Recreation Study Committee. If you have any additional questions, please feel free to contact our office. Respectfully, ' Gloria Sheldon, City Clerk City of Fellsmere ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously (4-0) appointed Susie Wilson to the County -wide Recreation Study Committee as the Fellsmere representative. D. Budget Amendment - Emergency Management The Board reviewed memo of the OMB Director and attachment, as follows: 5 L APR 17 1985 BOOK ® F'{H. 576 F_ APP 17 1985 BOOK 60 F, GF 577 TO:Board Of County CommissionerOATE: April 1, 1985 FILE: EM85-0217 THRU: H.T. "Sonny" Dean, Difor General Services Divis' n SUBJECT: Budget Admendment FROM:Stephen J.we WetolfiEFERENCES: Emergency Manag ment Respectfully request that the amount of $2,005.00 be placed into line -item 001-208-525-66.45, Capital Outlay; Communications Equipment -All. This Department had ordered four items (Purchase Order Numbers, 4312, 4057, 4671 and 4673) last fiscal year and monies were available. However, these items were not received nor in- voiced until this fiscal year. Although it was requested that the funds be encumbered, this did not occur and my present budget line is $2,005.00 short. Your approval of the Budget Amendment is appreciated. TO: Board of County Commissioners DATE: Apri 1 4, 1985 FILE: 4�p C61 FROM: Jeffrey K. Barton, OMB Director SUBJECT: Emergency Management REFERENCES: The following budget amendment is to re -allocate funds from cash forward, which was greater than anticipated, for communications equipment that was ordered in FY 83-84 and invoiced and paid for in FY 84-85, per attached memo. Account Title Account No. Increase Decrease Cash Fwd -Sept 30 001-000-389-40.00 2,005 Comm. Equip - All 001-208-525-66.45 29005 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above Budget Amendment as requested by Emergency Management. 6 E. Final Plat Approval - Old Sugar Mill Estates, Unit III The Board reviewed memo of Staff Planner Boling: TO: The Honorable Members DATE: April 10, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE SUBJECT: Robert M. Ke tin , AICP Planning & Devel pment Director t'JTHROUGH: Mary Jane V. Goetzfried Chief, Current Development Section FINAL PLAT APPROVAL FOR OLD SUGAR MILL ESTATES UNIT THREE FRONS tan Boling REFERENCES: .46. Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on April 17, 1985. DESCRIPTIONS AND CONDITIONS: The Old Sugar Mill Estates, Unit Three, plat comprises 12 new lots, and a replat of three lots from the Old Sugar Mill - Estates, Unit Two, plat. These 15 lots are situated on ± 13.7 acres, yielding a proposed building density of ± 1.1 dwelling units per acre. The subject property, located on the north side of 12th Street, west of 46th Avenue, is zoned R-lAA (Single -Family Residential, up to 2.6 units/acre) and has a LD -1 land use designation (Low Density Residential, up to 3 units/acre). The applicants are requesting final plat approval and have submitted a contract committing Beindorf & Associates, Inc. (the authorized agent/developer) to completing construction of all required improvements, approved construction cost bids for the required improvements, a three -party cash deposit escrow agreement for 115% of the construction cost bids, and a final plat. ALTERNATIVES AND ANALYSIS: This application has been reviewed by the appropriate County departments. The Public Works Division has approved the submitted construction' cost bids and has issued a Land Development Permit. The Utility Service Division has approved the water system construction plans and construction cost bid. The County Attorney's Office has reviewed and approved the Contract for Construction of Required Improvements and the Cash Deposit and Escrow Agreement, subject to their being signed by the Chairman of the Board of County Commissioners.. The submitted final plat is in conformance with the approved preliminary plat. All applicable County zoning and subdivision regulations have been met. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Old Sugar Mill Estates, Unit Three, and authorize the Chairman of the Board of County Commissioners to sign the contract for Construction of Required Improvements and the Cash Deposit and Escrow Agreement. 7 aooK APR 1_7 1985 0 P,�,E ' APR 17 1985 BOOK ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) granted Final Plat Approval to Old Sugar Mill Estates, Unit III, and authorized the Chairman to sign the contract for Construction of Required Improvements and the Cash Deposit and Escrow Agreement. 6,0 F,>G. F5 9 (Said documents are on file in the Office of the Clerk.) IN MEMORY OF EDWIN SCHMUCKER Commissioner Wodtke wished to have the Minutes reflect the passing of former County Commissioner Ed Schmucker, who served on the Board from 1974 to 1978. He noted that Ed, who was killed in an automobile accident, was a special individual who brought his expertise to the Commission and served the County well. Commis- sioner Wodtke requested that everyone stand and observe a moment of silence in his memory. Everyone stood in silence while Commissioner Wodtke offered a short prayer. RETIREMENT - John Calloway Vice Chairman Scurlock announced that John Calloway, who has been an employee of the County Road & Bridge Department for twenty-seven and a half years is retiring, and he would like to present him with a retirement award to thank him for his years of dedicated service. The Vice Chairman called Mr. Calloway forward and presented him with a plaque. CHANGE ORDER 8416-1 - 16TH ST. BETWEEN KING's HWY. 6 51st CT. The Administrator reviewed memo of the Public Works Director, as follows: 8 � � r TO: The Honorable Members of DATE: April 9, 1985 FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: Change Order 8416-1 County Administrator FROM: James W. Davis, Director REFERENCES: Public Works Department To reduce the cost of the 16th Street construction between King's Highway and 51st Court, the contractor has agreed to - a $4,930 deduction if the County Road and Bridge Department will haul off and dispose of the Australian pine trees that are to be removed. Staff recommends the Deduct Change Order be approved and the contract price be reduced to $110,306.15. There will be no change in the time of completion for the work. The Administrator explained that basically this is a deductive alternate; we can save some money by removing the trees and disposing of them with our own crew. Vice Chairman Scurlock asked if the cost of disposing of them is going to be a part of the assessment, and the Adminis- trator confirmed that it will be and the differences will be worked out and charged off. He recommended approval of the change order. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved Change Order 8416-1, 16th Street Paving from 51st Court to Kings Highway (Dennis L. Smith, Inc.) and authorized the signature of the Chairman as recommended by staff. 9 APR 17 1985 800K C0 F,�UEM® Q'e BOOK CHANGEDistill)LI11 11 M' ORDER 0VVNLR U ARCHITECT ❑ AIA DOCUMENT 6701 CON I RACTOR ❑ iIF1U C1 01Ifi:R ❑ PROJECT: 16th Street Paving $ Drainage CHANGL ORDER NUMBER: 8416-1 (name, address) from 51st Court to Kings Highway INITIATION DATE:Apr. 8, 198.5 TO (Contractor): FDennENGINEER PROJECT NO: 8416 L. P.O. Box Smith, 2954 Inc CONTRACT FOR: Paving and Drainage Vero Beach, F1. 32960 Improvements to 16th St. I CONTRACT DATE: You are directed to make the iollowing changes in this Contract: Alternate Item B. - Removal of Australian Pines from Sta. 23+40 to Sta, 29+00 Decrease Contract price for item B by $4,930 from $17,780 to $12,850 due to County hauling and disposing of Australian Pines with Road and Bridge Department labor and equipment. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adlustment in the Contract Sum or Contract Time The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 115, 236. 15 Net change by previously authorized Change Orders ................................... $ -0- The 0 -The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... S 115,236.15 The (Contract Sum) will be amoeitesxda (decreased) (omJKat%eck by this Change Order......................................................... S 4 930.00 The new (Contract Sum) including including this Change Order will be ... S 110, 306.15 The Contract Time will be (*xwxsetlbl AeCXel *id) (unchanged) by ( 0 ) Days. The Date of Substantial Completion as of the daze of this Change Order therefore is 70 calendar days ENGINEER: Authorized: James W. Davis P.E. Dennis L. Smith, Inc Patrick B. Ly ons.Chairman Indian. i.ver Comty CONTRAC-IOR ('Ndlan River County 1Rdff 2Sth_Street P.0- Box 2954 Address Address A e ree Vero Beach, Fl. 32960 Ver Yeach, Fl. 32260 DAIS 7—I %' o5 - — --MATE, % r/O —(J� ,--- U E =/ /—/7 S•— AIA DOCUMENT G'01 • <HA%(A oXIAk • ♦eeil Ivan 1Uttu)t. • •+Il" • iv i. THE AWRICAN INS111UIE Ut AklH11k( 15, I: j, Nttr tukk 4\t . N N wASWISLAON, U% LUipe. 6701 — 1978 10 REQUEST FOR OCCUPATIONAL LICENSE TO PRACTICE FORTUNE TELLING BY READING CARDS Darlene Savastano came before the Board and reviewed her letter, which is self-explanatory: Dear Pat Lyons March 18 ,I985 I I recently have been inquiring about how to obtain an occupational license'.to practice fortune telling by means of reading cards. One of the requirements in obtaining this license is thpt I must be aresident of Florida. for two years . I can understand our county needing stiff requirements as this is absolutely necessary. In the same token I feel a two year waiting period is a bit much. My problem starts with me moving to Florida almost a year ago . As of April 15 , I985 I will be a resident of Florida for one year My husband and I custom built our own home in the Vero Beach Highlands. So you can see I'm not a drifter.. Prior to moving to Florida I resided at 464 Riverview Dr. Totowa N.J. for 24 yea.rs.I have never been convicted of a felony nor a misdemeanour . In New Jersey I had worked. for New Jersey Bank in West Paterson. My position in the bank was in the bookeening derartment .- To take this position I had to be bonded and finger printed . All together I have been bonded three times . May I also say I have never been denied getting bonded. I state these things to you to let you know that not only.can I get five letters of ch^racter , but I could also a letter of chnrq.cter from the rolice dera.rtment in the town in which I resided for 24 �- years . My pos- ition ha- always been a good , decent law abiding citizen . The concern I h-ve now is that I feel a two year waiting period is a bit much . I believe this requiremnet is at present cut dated . My onion is this law should be up dated. . This law could changed. to suit both the county and such parties as myself . At this time I plea to you to give me a chance to be heard.. My wish is to be able to approach the County Commission Board I do not know if my onions will make things better but I surley would like to try . Recently I have been speaking with Assistant County Attorney James Wilson . He has provided me with copies of the laws concerning my problem . James has instructed me to contact you by letter to see if we could set up an appointment to be heard infront of the County Commission Board . Certainly this will give the Board an idea of what exactly I am seeking to do . Could you please contact me by mail to let me know if I could be heard ? You 'r anticipated coop- eration is greatly appreciated) 11 Sincerly Your' -s p,arleqne Savastano BOOK 60 PnH M? APR 17 1985 I Boor C.0 F',1GF.583 Mrs. Savastano informed the Board that she has been practicing fortune telling using cards and numerology for four years and has people who keep coming back to her. Her husband, therefore, suggested she do this as a business and make some profit from it. Mrs. Savastano's main problem was the two vear residency requirement. Commissioner Wodtke asked Assistant County Attorney Jim Wilson if the residency requirement is the county's or the state's. Attorney Wilson advised that prior to 1972 the Legislature regulated most professions and occupations, but in 1972 they gave this authority to the County for almost all ptofessions. Most counties adopted the state's old statutes, which already had been through considerable litigation and had opinions issued on them. This particular statute differs from the others in that rather than allowing the Tax Collector simply to issue a license, it requires prior approval of the Board of County Commissioners. The statute requires that the person applying must be a resident of the county for two years, be a registered voter, and also be able to present character evidence from five reputable citizens of the county, but question has been raised as to the residency requirements being unconstitutional and the courts have deter- mined that any statute that would tend to inhibit a person moving state to state would be looked at very closely. Attorney Brandenburg inquired if Attorney Wilson would recommend the Board approve issuance of the license, and Attorney Wilson stated that he would advise they change the ordinance. Commissioner Wodtke asked if fortune telling is classified as a home occupation, and Planning Director Keating stated that this would not be a permissible home occupation; it would have to be in a commercial zone. Attorney Brandenburg informed the Board that he has con- tacted other counties in the state, as well as a representative 12 of Tax Collector Gene Morris, in regard to revising the entire Occupational License Ordinance. Commissioner Bird wished to know what we do to solve this young lady's problem in the meantime, and Attorney Wilson believed it would be possible to prepare something quickly to revise the unconstitutional portion of the ordinance plus the penalty clause. Attorney Brandenburg agreed this should be done, but since it appears there is a clear indication that the residency requirements are unconstitutional, he felt the Board should allow Mrs. Savastano to obtain her license in the meantime. MOTION WAS MADE by Commissioner Bird to authorize the Tax Collector to issue a license to Darlene Savastano and to authorize staff to revise the Occupational License Ordinance for advertisement. Commissioner Bowman believed there is a zoning problem, but Attorney Brandenburg advised that Mrs. Savastano has taken care of the zoning problems, and noted that when a license is issued, she still would have to comply with all zoning requirements. Commissioner Wodtke stated that he would prefer that we revise the Ordinance first and have an opportunity to see how this is addressed in other areas, whether examinations are required, background investigations, etc. Commissioner Bird expressed his feeling that we should authorize issuance of the license since Mrs. Savastano has lived here a year and desires gainful employment. Vice Chairman Scurlock agreed, but felt he would at least like to have a background check made. Attorney Wilson advised that 'this is a requirement of the current ordinance, and Attorney Brandenburg confirmed that although his office's opinion is that the portion of the ordinance regarding residency is unconstitutional, the remainder 13 BOOK '� APR 17 1985 _I APR 17 i985BOOK O Ff!") 585 still applies, and if the license were issued today, a background check would be required. Commissioner Bowman SECONDED THE MOTION made by Commissioner Bird to authorize issuance of the license and authorize staff to proceed with re- vision of the Occupational License Ordinance. In further discussion on how the background check would be handled, it was emphasized that the whole purpose of licensing is to protect the public. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) PROPOSAL TO REALIGN JUNGLE TRAIL (CAIN/SCHLITT) (Cont'd from 4/10/85) The Board reviewed memo of the County Attorney, as follows: 14 W � r � TO: Mrs. Ruth Stanbridge, DATE: April 1, 1985 FILE: Mr. Harry Hauth, Mrs. Jeannette Lier, Mrs. Anne Michael, and Mr. John Morrison, Members of the Scenic Roads & Trails Committee SUBJECT: FROM: REFERENCES: Gary M. Brandenburg, County Attorney Attached to this memorandum please find an agreement that has been proposed between certain owners of property along Jungle Trail and the County. This agreement follows the same format as the agreement we used for the relocation of Jungle Trail - along the boundaries of the Riverbend property. Please review the agreement and give me your comments as soon as possible as I have scheduled this matter for consideration by the County Commission during their April 10, 1985, regular meeting. Sincerely, G Brandenburg Vice Chairman Scurlock reported that a letter has been received from Mrs. Stanbridge reporting that the Committee unanimously recommended that this agreement be approved. Attorney Brandenburg advised the Board that the agreement has been modified to include a provision to require the stabili- zation of an approximate 6' area along the shore where the mangroves have been destroyed, and the applicant has agreed to this. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, to approve the modified proposal for realignment of Jungle Trail made by Cain/Schlitt and authorize the Chairman's signature on the agreement. 15 BOOK 60 Nr IH 5' G J APR 17 1985 RooK 60 u0F 587 Commissioner Bird wished to know who owns the piece of property that now will be left between Jungle Trail and the water's edge and whether the public will have the right to use it. Attorney Brandenburg stated that in the agreement the County relinquishes any right it has as a result of the filing of the Maintenance Map, but if the public had the right previously by adverse possession to fish from the bank, they still will have the same rights. Whether or not the county wishes to establish that has been a question at the committee level as they feel it does cause more damage to the bank. He assured the Board that this issue still remains open and is not disturbed by this agreement. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). (The Agreement and Deed is- hery made a :part of the record, ,as follows) 16 I AGREEMENT THIS AGREEMENT, made this day by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and JAMES B. CAIN and SUZANNE B. CAIN, his wife, and EDGAR L. SCHLITT and MARGUERITE M. SCHLITT, his wife, hereinafter referred to as "Owners". WHEREAS, Jungle Trail is a public road established in the early 1900's and formally declared a fifty foot wide public road by resolution of the St. Lucie County Commission in regular session on June 2, 1925, as set forth in the official records of St. Lucie County Book 4, Page 349, (then known as "Orchid Road"); and WHEREAS, members of the general public have continuously used and uninterruptedly, under claim of right, traveled the road for at least the last sixty ( 60 ) years and the roadway has been maintained by the County forces for at least the last twenty (20) years; and WHEREAS, in 1976 the Board of County Commissioners approved • and filed a Maintenance Map in the public records of Indian River County pursuant to Florida Statutes §95.361; and WHEREAS, a portion of Jungle Trail transverses land owned by the Owners and runs along the shoreline of the Indian River; and WHEREAS, over the years the banks of the Indian River has been changed by the forces of erosion to the extent that recent surveys show the right of way alignment set forth in the 1976 Maintenance Map extending into the river while at the same time showing portions of the current roadbed as traveled by the public extending into the Owners' land; and WHEREAS, the Owners have made known their objections to the road alignment as shown on the 1976 Maintenance Map on file in the County, and the Owners have contested the width- location and extent of the right-of-way. APP 17 1985 BOOK 60 P,:"E 5.88 I APR 17 .1985 BOOK 60 F,�cF.5�S . NOW THEREFORE, the parties desire to resolve their differences by entering into this Agreement, forever settling the location and public ownership of Jungle Trail as it transverses the Owners' property and the boundary line of the Owners' property; the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein as a representation of the parties upon which is Agreement is based. 2. County hereby authorizes the County Attorney to prepare and the Chairman of the County commission and Clerk to execute a County Deed in favor of the Owners containing the legal description as set forth in Exhibit "A" of that portion of the roadway as described on the 1976 Maintenance Map, that exists west of the new alignment of the road, and including the following language: "The purpose of this deed is to convey all the right, title and interest of Indian River County in and to the above described property arising by virtue of the filing of that certain Maintenance Map recorded in Official Record Book 9, Page 40, public records of Indian River County, Florida." 3. The County shall take all actions necessary to clear the public records of the 1976 Maintenance Map for the length of the Owners' property. The County may file a new Maintenance Map showing the road as realigned according to the legal description set forth in Attachment "B" hereto. 4. Simultaneously with the County's actions taken with respect to Paragraphs 2 and 3 above, the Owners shall deed to County, by Warranty Deed, all lands comprising the new right-of-way as set forth in Attachment "B" hereto, together with any releases that may be necessary to clear the property of any mortgages. 5. In order to facilitate the realignment of Jungle Trail, the owners will have the new right-of-way surveyed and staked out in a manner as to be plainly visible to County road crews. 6. The Owners agree to establish a construction set back by deed restriction, as follows: "No structures shall be installed or constructed within sixty (60) feet easterly of the base line (the approximate centerline of the existing road) of Jungle Trail, as established by the 1976 Maintenance Map recorded in Official Record Book 9, Page 40, public records of Indian River County, Florida. "Structure" shall be limited to those prohibited by the Town of Indian River Shores Code of Ordinances in effect as of the date of this Restrictive Covenant and 'as hereafter amended; it being intended that nothing shall be deemed to prevent or prohibit Owners from installing landscaping and other structures permitted between the East right-of-way of Jungle Trail as established by deed described in Paragraph 4 hereof and the said set back requirements of the Town of Indian River Shores; further, this Restrictive Covenant shall not restrict the construction and installation of fencing or perimeter walls provided same are in conformance with ordinances of the Town of Indian River Shores." 7. This Agreement may be enforced by either party by applying to a court of competent jurisdiction for injunctive relief. In the event either party resorts to a court proceeding or administrative hearing procedures to enforce its rights under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and the cost of the action from. the losing party. 8. Owner and County agree that the area described on the map attached hereto as Exhibit "A" requires the installation of certain shoreline stabilization measures. The owners agree immediately to use their best efforts to design a shoreline stabilization project for submission to the County and the Department of Environmental Regulation for permitting. The Owner shall design the project in an environmentally sensitive manner, and the project shall be subject to the review and approval of Indian River County's administration prior to submitting an application to the Department of Environmental Regulation. The Owner agrees to submit such an application to the County within 90 days of the execution of this Agreement and to the Department of Environmental Regulation within 30 days thereafter. Upon approval and issuance of all permits required, the Owner shall commence BOOK FADE 5,90 401 Q Boa0 F'd n 591 P R 1 7 1995 the stabilization project and diligently pursue it to completion. The entire cost of the shoreline stabilization project shall be borne by the Owner. At such time as Owner submits the application to the County for administrative approval, Owner shall also submit a certified cost estimate of the project by the engineer of record. Owner agrees to post an Irrevocable Letter of Credit or such other security as is acceptable to the County Attorney to guarantee the performance of the shore stabilization project. This project shall be considered in default and the County may call upon the Irrevocable Letter of Credit or other performance guarantee in the event the time frames established by this Agreement are not met by the Owner or in the event the shoreline stabilization project is not completed within one (1) year from the date of this Agreement. In which case, the County will use such funds to proceed with the stabilization project. In the event County proceeds with the project under the paragraph, then the Owner hereby waives any and all objections to the permitting and construction of such project by the County, including, but not limited to objections based on assertions that the County lacks ownership of the abutting property, the type, extent, or degree of any materials or construction techniques proposed to be used. If the County causes a construction to occur with the use of the funds drawn from the performance guarantee, the County shall not thereby acquire any rights to the ownership of the improvements or the property to which they are made. 9. This Agreement constitutes the entire agreement between the parties and may not be altered except in writing signed by both parties. Either party to this Agreement may record the Agreement in the official public records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth next to their signatures. Date: APR 1 L BOARD OF fw6ghTY COMMISSIONERS OF INDI o VER COUNT BY: G�•1 g[TRICK B. 7,,7I0 S en airman, ATTEST: FREDA WRIGHT, Clerk _I Date: APPROVEX A T LEGAL ICI BY: Co my Attorney----- STATE ttorney----STATE OF FLORIDA COUNTY OF INDIAN RIVER On this day, before me, an officer duly authorized in the State and County aforesaid to take acknowle ents, personally appeared PATRICK B. LYONS and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk of the Circuit Court respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. se 1 in the County k� a'a :'State 1985. *� y I WO'TARV PUBLIC M z � SU"P B. CAIN, Owner EDq�l. SCHLITT, M. SCHLITT, 04her WITNESS my hand and official last aforesaid this 1,34W day of My commission expires.- NOTARY xpires:NOTARY PUBLIC STATE OF FLORIDA 6ONDED THRU GENERAL INSURANCE UNDI t; MY COMMIssloli EXuns JULY -A.1984 STATE OF FLORIDA COUNTY OF INDIAN RIVER On this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JAMES B. CAIN and SUZANNE B. CAIN, his wife and EDGAR L. SCHLITT and MARGUERITE M. SCHLITT, his wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official last aforesaid this day of My commission expires: Notary Public, State Of Florida At Large My Commission Expires Nov. 9, 1986 Bonded By SAFECO Insurance Commany of Amenca seal in the County and State l vtc�� 1985. NOTARY PUBLIC;" BOOK 60 F,mu 511 APR 1.7 1985 COUNTY DEED BOOK 60 F°GE593 THIS DEED, made this 17th day of April, 1985, by INDIAN RIVER COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "Grantor", and JAMES B. CAIN and SUZANNE B. CAIN, his wife, and EDGAR L. SCHLITT and MARGUERITE M. SCHLITT, his wife, hereinafter referred to as "Grantee". (Whenever used herein, the terms "Grantor" and "Grantee" shall include the singular and the plural, heirs, and assigns of individuals -and the successors and assigns of corporations, wherever the context so admits or requires). WITNESSETH that Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land, situate, lying and being in the County of Indian River, State of Florida, to wit: All of that portion of the real property described in Exhibit "A", which is attached hereto and made a part hereof, lying west of Jungle Trail, as said right-of-way is described in Official Record Book , Page , public records of Indian River County, Florida. The purpose of this Deed is to convey all the right, title and interest of Indian River County in and to the above-described property arising by virtue of the filing of that certain Maintenance Map in Official Record Book 9, Page 40, public records of Indian River County, Florida. IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed on the day and year first above written. Signed, sealed and delivered in the presence of: APPROVED AS TO FORM AND L EGA1, -9 7F F CI ENjW : BOARD OF COUNTY COMMISSIONERS OF INDIA ER COUNTY, FLORIDA BY: CK B. LY01QSd CHAIRMAN ATTEST:�J FREDA WRIGHT CL Parcel No. 1: The Sout one -twelfth of Lot 4, less that part comprising the West -10 acres of the South half of Lot 4, all in Section 36, Township 31 South, Range 39 East; ALSO less and except all rights-of-way for State Road AIA, as it now exists. Parcel No. 2: The Nort 46 feet of Government Lot 4 in Section 35, Township 31 South, Range 39 East; the North 1/2 of Govern- ment- Lot 6, in Section 36, Township 31 South, Range 39 East; and the North 246 feet of Government Lot 7 in Section 36, Township 31 South, Range 39 East; all lying and bei119 in Indian River County, Florida. Subject to right-of-way for State Road A1A as found in'Deed recorded in Official Record Book 35, page 391, public records of Indian River County, Florida. AND Government Lot 4, LESS the North 370 feet thereof, in Section 35, Township 31 South, Range 39 East, Indian River County, Florida, also described as the South five (5) acres of Government Lot 4 in Section 35, Township*31 South, Range 39 East,' Indian River County, Florida. LESS and EXCEPT any land lying Westerly of the East mean high water line of the Indian River as it exists on this date. AND Government Lot 7, Section 36, Township 31 South, Range 39 East, LESS the North 246 feet thereof, AND ALSO LESS the South 124 feet of the North 370 feet of the West 254.76 feet thereof, AND ALSO LESS the South 534 feet thereof; said land lying and being in Indian River County, Florida. AND The South 124 feet of the Abrth 370 feet of•Gov�ait Lot 4, Section 35, Township 31 South, Range 39 East, Indian River County, Florida. and The South 124 feet; of the North 370 feet of the West 254.76 feet of Government Lot Section 36, Township 31 South, Range 39 East, Indian River County, Florida, EXHIBIT "A" BOd 6 594 APR 12 1,3tj J BOCK. 6"0f'rE59,5 AUTHORIZATION TO SIGN RE $2,750,000 FmHA WATER AND SEWER BONDS Vice Chairman Scurlock wished to know if the bond amount equates with the actual which he believed was 2.8 million, or about an $100,000 difference, and Administrator Wright stated that this difference was anticipated and budgeted for in the operating budget of the Utilities Department. ON MOTION by Commissioner Wodtke,.SECONDED by Commis- sioner Bowman, the Board unanimously (4-0) adopted Res:"85-41, accepting certain water and sewer improve- ments and agreeing to certain audit requirements, and authorized the Chairman to execute the following documents relating to the $2,750,000 FmHA water and sewer bonds: 1. FmHA Right -of -Way Certificate 2. FmHA Equal Opportunity Agreement 3. FmHA Assurance Agreement 4. Certificate relating to the combined Indian River County Water and Sewer System FmHA $2,750,000 Revenue Bond 5. Resolution 85-41 Attorney Brandenburg informed the Board that the Bond amount has been shown incorrectly on some of the documents as $2,750,000 and it should be changed to $2,750,700. He requested that the Board adopt a Motion authorizing the Chairman or Vice Chairman to make all necessary corrections and sign any other documents necessary to close on the bond issue on April 29th. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Wodtke, the Board unanimously authorized the Chairman or Vice Chairman to make all necessary correc- tions and sign any other documents necessary to close on the bond issue on April 29th. Commissioner Wodtke wished to have any documents which were corrected or added brought back for the Board to review after the closing. (DOCUMENTS ARE MADE A PART OF OFFICIAL RECORD.) 17 r� r UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 442-21 FARMERS HOME ADMINISTRATION (Rev. 7-6-70) RIGHT—OF—WAY CERTIFICATE r� Theundersigned, Board of County Commissioners Indian River Count Florida hereby certifies except as noted in item 4 below: through its Chairman, 1'. That the undersigned has acquired and presently holds continuous and adequate' rights-of-way on private lands needed for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged with 'the proceeds of a loan made or insured by, and/or a grant from, Farmers Home Administration and such omissions, defects, or restrictions as may exist will in no substantial way or manner endanger the value or the operation of the facilities. 2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies authorizing the construction, operation, and maintenance of the facilities upon, along, or across streets, roads, highways, and public utilities. 3. That the' attached "Right-of-way Map" shows the location and description of all land and rights-of-way acquired by right of use or adverse possession and by legal conveyances such as right-of-way or easement deeds, permits, or other instruments. 4. Exceptions: NONE In addition should a right-of-way gap subsequently appear, Indian River County has the authority to exercise the power of Eminent Domain, pursuant to Florida Statutes Sections 127.01(1) and 153.03(5) to correct the defect. IN WITNESS WHEREOF, applicant hereunto affixes its name and corporate seal this 17th day of April 019 85 Attest: (Secretary) (Affix Corporate Seal Here) Approved and legal, By. (f Patrick Yllns Title Chairman Board of ty Commissioner of than River County :o Jorm GKnIy M. Brand burnn Attorney 80� F'' PE �+- C u APR 17 1985 V-� FHA 442-21 (Rev. 7-6-7� APR 17 1985 M . UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 400-1 (Rev. 6-26-72) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT BOOP 0 This agreement, dated .__.____.._.._...._...._..__ .______..___ ..__.______. between INDIAN RIVER COUNTY, FLORIDA, (herein called "Recipient" whether one or more) and the Farmers -Home --.Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary. of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 --unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Exicutive Order 11246 of September 24, 1965. 1. To incorporate or, -cause to be incorporated into any contract for construction 'work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor. will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action tq ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for -employment, notices to be provided by the Farmers Home Adm-' .tration setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)— of Executive Order 11246 of September 24, 1965, and shall post copies of the* notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of . Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regulations, or orders, this contract may be cancelled,_ terminated, or suspended iu whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provid , however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FHA 400-1 (Rev. 6-26-72) ��J 1� 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required `Compliance Statement', .Form FHA 400-6, with their bids. 4. Form AD -425., Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD -560, Certification of Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, as required and such other information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home Administration in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. Recipient (CORPORATE SEAL) Attest: Secretary Commissioners, Indian Recipient River County, Florida Name ofPegorate Recipient, _ Approved ind legal, President APR -17 195 BOOK 60 PAGE 598 APR 17 1985 USDA-FmHA Forur FmHA 400-4 (Rev. 5-29-79) WO' -W --.-j BO©KCO f'Gr. 5.9 Position 3 ASSURANCE AGREEMENT (Under Title VI, Civil Rights Act of 1964) The Board_of County -__Commissioners of Indian River County, Florida _ (name of recipient) 1840 25th Street, Vero Beach FL 32960 ("Recipient" herein) hereby assures the U. S. Departments ofAgriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Farmers Home Administration regulations promulgated thereunder, 7 C.F.R. §1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F.R. §14.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. 1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such compliance. (c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against discrimination. 3. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so long as such real property is used four the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. - (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made 4. Upon any breach or violation of this agreement the Government may, at its option: (a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity. (b) Enforce this agreement by suit for specific performance or by any other available remedy under the -laws of the United States or the State in which the breach or violation occurs. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof;Board-of-County Commissioners, — (na me of recipient - date has caused this agreement to be executed by its duly autho ' ed ffic( person, has hereunto executed this agreement. (SEAL) A and Attest: Title By * U.S.GPO:1981-0-76&013/1W) CZ Attomey Indian River County, ------ on this :rs and its seal affixed hereto, or, if a natural of/County C W W W' r CERTIFICATE OF INDIAN RIVER COUNTY, FLORIDA RELATING TO THE COMBINED INDIAN RIVER COUNTY WATER AND SEWER SYSTEM FmHA $2,750,000 REVENUE BOND I, Patrick B. Lyons, a duly elected County Commissioner for Indian River County, Florida, and the duly elected Chairman of the Board of County Commissioners of Indian River County, Florida, after having been duly authorized by vote of the County Commission, hereby certify on behalf of Indian River County that: 1. Indian River County has generated at least $646,000.00 in impact fees and $1,342,700.00 in other developer contributions. Such sums have been or will be utilized in the construction of the project. These funds were amassed by the County imposing assessment liens in the amount of $2,050,000.00 against properties 1 which will benefit from the project. The assessment liens were subsequently pledged to secure a revenue bond which has been purchased by Florida National Bank. 2. Attachment "A," Statement of Expenditures, is a true and accurate statement of the expenditures by Indian River County of project funds to the date of this Certificate. Indian River County has sufficient project funds on hand to complete the entire project as approved by Farmers Home Administration and will proceed to expend such funds as are necessary to complete the project. 3. Indian River County, Division of Utility Services, has at least 9862 committed water customers who have agreed to pay monthly charges for services and 8745 sewer customers who have agreed to pay monthly charges for services. 4. Indian River County has established and enforced policies, procedures and rules allowing all residents in the services areas, regardless of race, color, creed or level of income, an opportunity to become users of the system. The service areas have not been established in a manner as to be discriminatory . on the basis of race, color, creed or level of income of any of the potential users. 5. Indian River County has established a depository in the State of Florida which is a member of the F. D.I.C. and which is eligible under the laws of the State of Florida to receive -1- APR 17 1985 BOOK f 0 F'm'JE WU J BOOK C'0 F'AGE Q91 municipal funds and will maintain for the term of this loan a special fund known as The Indian River County, Florida, Combined Water and Sewer Revenue Fund. These funds are to be kept separate from all other funds of the County and used only as stipulated in the bond resolutions as approved by Farmers Home Administration. 6. Indian River County has employed sufficient plant operators, who are qualified to meet the minimum educational and technical standards for operators of municipal water and sewer systems under the laws of the State of Florida, and such operators supervise and control the operation of the Indian River County combined water and sewer system. 7. Indian River County has not expended Farmers Home Administration project loan funds in excess of the value of the additions to the combined Indian River County water and sewer systems as a result of this project. 8. Based upon the estimates received and on file with the Board of County Commissioners of Indian River County, by our consulting engineers, Indian River County has sufficient project funds in reserve to complete the project. The County will utilize such earmarked funds to the extent necessary to complete the project as approved by Farmers Home Administration. 9. Indian River County, pursuant to the laws of the State of Florida, is required to hire a qualified auditor to audit the books, records and accounts of all County funds each year. As part, of the yearly audit, the County will instruct its auditor to furnish Farmers Home Administration with management reports as outlined in Appendix "ATM of Farmers Home Administration Instructions 1942-A and conduct an audit of the combined water and sewer system of the County, meeting the requirements contained in a booklet entitled "FmHA Instructions to Independent Certified Public Accountants and',Licensed Public Accountants." BOARD OF C Y COMMISSIONERS Attest: ll INDIAN R E OUNT ORIDA A By Freda Wright, Clerk Ptatrick B. Lyon -s hairman Approv as o far and 1 g -,,!a1 icij ow (SEAL) czar m.- BraLid"enb rg, County Attorne -2- I STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day of , 1985, before me personally appeared Patrick B. Lyons, fand Freda Wright, to me known to be the Chairman and Clerk of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, respectively, and they acknowledged before me that they executed the foregoing instrument on behalf of said corporation. WITNESS my signature and official seal in the CouTxty and State last aforesaid on this /?-* day of 411 NO A RY UBLIC vla�� ROTARY PUBLIC STATE O�"FLORIDA BONDED THRU GENERAL INSURANCE UNDO. MY COMMISSION. EXPIRES JULY 8 1986 I� ATE OF FLORIDA I DIAN RIVER COUNTY HIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FR£DA W IGHT, C RK BY DATEaT +gs -3- APR 17 1985eoo� I EXHIBIT "A" ! BOOK 60 PACE 603 BOND ANTICIPATION NOTES 1985 EXHIBIT "A" ! BOOK 60 PACE 603 BOND ANTICIPATION NOTES 2,750,00 BUDGET ACTUAL' Water: Extension of Water Distribution lines $ 148,730 $ 127,361.60 Purchase of water portion of Treasure Coast and Ixora Utilities 230,490 227,542.34 Reimbursement of Previous County -_ Expenses 17,500 1,348.35 Engineering 103,900 106,718.12 Legal and Administrative 18,890 23,873.08 Project Contingency 47,230 N/A Interest during Construction for one year. 153,310 400,244.04 Reimbursement of Short -Fall 426,000 384,582.25 Items allocate to Route 60 Waterline Expansion of Water Treatment Plant $757,900 New well, pump, and piping 95,850 Hyarogeslogical Consulting 17,200 870,950 870,950.00 TOTAL $2,017,000 $2,142,619.78 Sewer: Construction Costs 2 pumping stations and 6" force main $ 363,000 $ 337,084.50 Contingency 36,300 N/A Engineering 54,450 71,478.55 _. Legal and Administrative 7,260 8,829.78 Purchase of Wastewater portion of Utilities 190,010 --193,832.37 Reimbursement of County Expenses 17,500 1,348.35 Interest During Construction 65,102 148,035.46 TOTAL $ 733,622 $760,609.01 EXTENSION OF WATERLINES Scarbourough Contractors Change Order No. 2 (100% Complete) $127,361.60 CONSTRUCTION COSTS -SEWER IMPROVEMENTS Collee Mechanical, Inc. Contract (100% Complete) $337,084.50 PURCHASE OF UTILITIES TREASURE COAST & IXORA UTILITIES Purchase of Utilities: Ixora Utilities Closing Statement Recording Fees Delinquent R/E Taxes Treasure Coast Closing Statement Delinquent R/E Taxes Legal, Appraisal and other expenses $224,215.41 22.95 807.59 $225,045.95 $168,612.75 -• 2,876.48 24,839.53 196,328.76 Allocation of Purchase of Utilities Between Water and Sewer: Amount Budgeted Water 230,490.00 Sewer 190,010.00 Total 420,500.00 Actual Costs Water 421,374.71 X 54% Sewer 421,374.71 X 46% a 227,542.34 193,832.37 54% 46% BOOP( 66 Fn 604 I AP9 17 1985 REIMBURSEMENT OF COUNTY EXPENSES Other Expense: Sun Aviation - To Jacksonville Sun Aviation - To Jacksonville Pro-Flite Sun Aviation Pro-Flite Pro-Flite Total Allocation Between Water and Sewer: BOOK 60 PAGE 695 $ 435.00 46.00 562.50 31.20 562.00 1,060.00 $2,696.70 Water 1,348.35 Sewer 1,348.35 WATER ENGINEERING Sverdrup & Parcel Project 6674 $ 8,496.42 Sippel, Masteller Lorenz & Hoover Preliminary Engineering Report 47,430.81 Resident Inspection 32,880.00 Additional Engineering Report 17,910.89 98,221.70 Total $106,718.12 SEWER IMPROVEMENTS -ENGINEERING Sverdrup & Parcel: Project No. 8381 Phase II $11,826.10 Project No. 8201 Design & Resident Inspection 59,652.45 Total $71,478.55 LEGAL AND ADMINISTRATIVE Underwriter Expenses: Arch W. Roberts & Co. - Preparation of Officail Statement $ 3,560.00 Freeman, Richardson & Kelly 20,529.60 H & W.B. Drew Co. Anticipation Notes 3,167.15 H & W.B. Drew Co. Official Statements 5,445.90 Total $32,702.86 Allocation Between Water & Sewer: Water 2,017,000/2,750,622 (73%) X 32,702.86 $23,873.08 Sewer 733,622/2,750,632 (27%) X 32,702.86 8,829.78 INTEREST DURING CONSTRUCTION Interest Expenses Incurred: May 1983 November -1983 May 1984 November 1984 May 1985 TOTAL Allocation betwen Water and Sewer: Water Portion 2,017,00/2,750,622 (73%) X 548,279.50 Sewer Portion 733,622/2,750,622 (27a) X 548,279.50 TOTAL $ 94,529.50 113,437.50 113,437.50 113,437.50 113,437.50 $548,279.50 $400,244.04 148,035.46 $548,279.50 APR 17 1985 mc,K 6 F.';E606 APR 17 1985 BOOK 60 PnUE 607 SHORTFALL ON 5.8 MILLION ISSUE Expenses R/O Plant, Land, Storage Tank and Distribution System $7,007,382.25 *Revenues Received 6,622,800.00 Short Fall $ 384,582.25 *Revenues: Bonds $5,825,900.00 Grant 796,900.00 Total $6,622,800.00 WATER ROUTE 60 WATER LINE Total Project Costs: Caldwell Tank Contract #1 $ 734,884.00 Boyce Company Contract #2 748,295.50 Boyce Company Contract #3 1,046,815.30 Bond Discount 5,156.25 Interest Expense Payable (8.25% X 2,050,000 X 8/12) 112,750.00 Total $2,647,901.05 Project Expenses to Date: Caldwell Tank Contract #1 $ 473,070.70 Boyce Company Contract #2 748,295.50 Boyce Company Contract #3 1,046,815.30 Bond Discount 5,156.25 Interest Expense 112,750.00 Total $2,386,087.75 Expenses to Be Withheld at Closing From -2.75 Million Bond Issue Caldwell Tank Contract Expenses for worked completed Amount Owed Contractor After May 1, 1985 $734,884.00 473,070.70 $261,813.30 RESOLUTION NO. 85- 41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING CERTAIN WATER AND SEWER IMPROVEMENTS FINANCED BY THE $2,750,700 WATER AND SEWER FARMERS HOME ADMINISTRATION REVENUE BOND ISSUE AS COMPLETE AND AGREEING TO CERTAIN AUDIT REQUIREMENTS WHEREAS, Indian River` County has undertaken to make certain necessary improvements to its combined water and sewer systems, and WHEREAS, the improvements include the acquisition of Ixora and Treasure Coast Utilities, construction of lines, lift stations - and appurtenances to connect the Ixora and Treasure Coast Utilities service areas to an improved municipal wastewater treatment plant, the enlargement of the County's potable water system and service areas, and certain other necessary improvements, and WHEREAS, a portion of the cost of this project has been financed by a loan in the amount of $2,750,700 from the United States Department of Agriculture, Farmers Home Administration, and WHEREAS, this loan has been based upon the expenditure of loan proceeds in the amount of $2,017,100 for water improvements and $733,600 for wastewater improvements; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Indian River County hereby accepts the project as complete with the exception of those items set forth in Schedule "A" attached hereto. 2. Indian River County agrees that as a part of its annual County audit required by Florida Statutes, it shall instruct its auditors to provide Farmers Home Administration with management reports as outlined in Appendix "A" of Farmers Home Administration's Instructions 1942-A and to instruct said auditors to conduct the annual audit in accordance with a booklet entitled "FmHA Instructions to Independent Certified Public Accountants and Licensed Public Accountants." BOOK ® F�:GE 6a1 APR 1"t 1985 J i APR A i 1995 BOOK 6 0 Ptq,F 099 The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bowman and, being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Absent Vice Chairman Don C. Scurlock, Jr. Ave Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of April , 1985. BOARD OF COUNTY COMMISSIONERS OF INDIA VER COUNTY, FLORIDA. By 4! el a rick B. Lyon _ Chairman Attest: ¢v , Freda Wrigh Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: o M. Brandenburjg, ty Attorney STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS. A TRUE AND CORRECT COPY OF THE OPICINAL ON FILE IN THIS OFFICE, FAMA WRIGHT, CLERK SIPPEL, MASTELLER, LORENZ & HOOVER, INC. 512 Plaza, Suite Two Post Office Box 1045_ SEBASTIAN, FLORIDA 32958 (305) 589-4800 On A 1 To Mr. Gary Brandenburg �_ ` Indian River County 4a' P. 0. Box 1750 v� Vero Beach, Florida 32960 Dear Mr. Brandenburg: 4 10 -- e '!-A , LETTER Date April 19, 1985 Subject Indian River County Pro j U84-1 Contract x}1/750,000 Gal Elev --Water Storage Tank Per your request to Steve Moler of April 19, 1985, I am enclosing herewith for the above referenced project "Schedule "A" - Uncompleted Work" for your use. If you have any questions or if there is any other information you need for this project, please do not hesitate to contact our office. Sincerely yours, SIPPEL, MASST�ELLER, LORENZ I HOOVER, INC. L ; j Priscilla Potter Office Manager i i i ❑ Please reply ❑ No reply necessary SIGNED Boor 60 I HSE 610 APR 1-7 1985 poor C 6 c 611 SCHEDULE "A" INDIAN RIVER COUNTY PROJECT U84-1/CONTRACT ##1 750,000 GALLON ELEVATED WATER STORAGE TANK UNCOMPLETED WORK Contract Description of Quantity Engineer's Item Uncompleted Item Uncompleted Unit Price Estimate of Cost 6) Site Improvement & 25% $ 17,000.00 $ 4,250.00 Restoration 7) 750,000 Gal Elevated Storage Tank b) Fabricated Materials 15% $271,769.00 $ 40,765.35 c) Field Erection 55% $182,745.00 $ 100,509.75 d) Electrical 100% $ 10,000.00 $ 10,000.00 8) Preparation & 100% $ 65,000.00 $ 65,000.00 Painting 9) CO #f2 dated 10/26/84 100% $ 6,384.00 $ 6,384.00 (Tank Interior Floor Slab) Retainage ................................................$ 36,744.20 Total Uncompleted Work ................................. .$ 263,653.30 RELEASE OF ASSESSMENT LIEN - SR 60 WATER PROJECT - FAST FOOD ENTERPRISES, INC. Attorney Brandenburg noted that these are standard release of Liens, but felt we need to establish a procedure where these lien releases are reviewed administratively to make sure they are not being disproportionately released. Administrator Wright stated that this is already being done. Commissioner Wodtke inquired whether this lien has been paid off, and if the taps will be utilized. Attorney Brandenburg stated that it will be paid off in full in order to clear the title to the property so that they can use it, and OMB Director Barton assured him that the lien was paid and we have the money. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved Release of Assessment Lien for Fast Food Enterprises and authorized the signature of the Chairman. 18 BOOK F'P sE RPR 17 1995 Boor 60 F4CI .E 613 State Road 60 Water Project RELEASE OF ASSESSMENT LIEN For and in consideration of the sum of $970.45 RECEIVED from FAST FOOD ENTERPRISES, INC., a Florida general partnership, in hand this day paid,. the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, Florida, (the "County") hereby releases the property hereinafter described from a certain special assessment lien recorded by the County in its Official Records, Book 0691, Page 0298, for a special assessment in the amount of $970.45, plus accrued interest at the rate of ten percent (10%) per annum, levied in accordance with the provisions of Ordinance No. 83-46 of the County, as amended, and Resolution No. 84-47 of the Board of County Commissioners of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersignedby the Clerk of such Board, all as of this 17th day of April , 1985. Attested and, cou-ntersigned: Freda Wright, CSL rk STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF OUNTY COMb4ISSIONERS INDIAN I R COUNTY, FLORIDA By trickB. Lyo rr/ Chairman I HEREBY CERTIFY that on this day before me, an officer duly authorized in the above State and County to take acknowledgments, personally appeared PATRICK B. LYONS and FREDA WRIGHT, to me known to be the persons described in and who executed the foregoing release as Chairman and Clerk respectively, of the Board of County Commissioners of Indian River County, Florida, and severally acknowledged to and before me that they executed the same as the act and deed of such County. WITNESS my —hand and o 'tial seal in the t,ibove county and state this Oday of 198,6: My Commission Expires: Not ry P blit, Sate of Florida at Large App oved/as to forp and leg 1 f i' n - NOTARY PUBLIC STATE OF FLORIDA BONDED THRU GENERAL INSURANCE UNQ 4 MY COMMISSION EXPIRES JULY 8 1986 any M. rand nburg, 19 - -j- y Attorney t ;011 D Warranty Deed (STATUTORY FORM -SECTION 689.02 F.S.) 04is Atbrnturr. Made this 11th cloy of RALPH L. EVANS, as Trustee and Individually This instrument wus prepared by: RAI,I'II L. EVANS, ESQUIRE Ar/VIII.. .0 A. 2920 Cur.11raul Drlau, P.O. Hua 3247 VE110 ULAC11, k'L0111UA 32960 January of the County of Indian River state of Florida FAST FOOD ENTERPRISES, a Florida general partnership whose post office address is 694 14th Street, Vero Beach, Fl. 32960 of the County of Indian River . Mute of Florida IV85 , lirllarru , gruntor•, and Uruntaa', W2)I1i SSM4. That suid gruntor, for and u► consulerohun of the wm of Ten Dollars and 00/100---------------------------------------------- _ Uullur►, and other good and vufuable: conuderotions to auid gruntur its found puid by scud grontuu, Ihiu rr•crrit,t whuruut is hereby acknowledged, has grunted, bargained and sold to Ilia said grantaa, and gruntee's hairs and usu%pi.. forever, ilia fallowing described land, situate, lying and being in Indian River County, Fluritlu. to wit. BEING A PARCEL of land lying in Tract 5, Section 20 Township 33 South, Range 38 East, according to plat of Indian River Farms Company Subdivision filed in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida; the bound- ary of said parcel being more particularly described as follows: From the Southwest corner of the aforesaid Tract 5, run North along the West line of Tract 5, a distance of 147.20 feet; thence run Easterly along the present North right-of-way line of State Road No. 60, a distance of 230 feet to the point of beginning of the parcel to be described herein; thence continue easterly along said right-of-way line 150 feet; thence leaving said right-of-way line run North on a line parallel to the West line of said Tract 5, 300 feet; thence Westerly on a line parallel to the North right-of-way line of State Road No. 60, 350 feet to a point on the East right-of-way line of 90th Avenue; said point being 30 feet East of the West line of said Tract 5; thence run South along said right-of-way line 134 feet; thence run Easterly on a line parallel to the North right- of-way line of State Road 60, 200 feet; thence South 166 feet to the point of beginning. Containing 1.65 acres, more or less. Cont'd Exhibit "A" and said grantor does hereby fully warrant the title to said land, and will daland the some oguinst ttie lawful clurms of all persons whomsoever. "'Grantor" and "grantee" ore used for singulur or plural, as context requiras. .11 WilnPas 10brrr Signed..061ed xil!F'delixe �1. Grantor has hereunto set grantor's hand and seal the day and year first ubove written. ed in our presence: .► r'� RALPH L. EVANS, AS TRUSTEE AND (Seal) .___._____ INDIVIDUALLY —•-----• (Sealer (Seal" ' cV STATE OF Florida ca COUNTY OF Indian River q t*r. HEREBY CERTIFY that on this day before me, in officer duly yuulrlied to Luke ucknowledgments, putwriully appeured O Ralph L. Evans, as Trustee and Individually o� to me known to be the person described in and who executed the lorec)uuug ipstrurnant unci ucknuwlcdUi c! before ma Thal he executed the some J WITNESS my- hand and official seal in the County unJ Slute lust a csuid thiy'. % clu January 1985. y My commission expires. 1r -- n Nutury K bhc r Notary Public. State of I;,14a r. My Comiriilsion C,ciiea IL,!; t! x),15:., , liw.e 1/ A.Mh.N 1....1 4..,.wN, .. • , TfJ . ' •.... Rf-CORD and RETURN Ralph L. Ev,ms, Esquire P. 0. Box 324 7 Vero 13each, Fl. 32960 20 APR 17 1985 Boos °0 F�.ut 61 APR 17 1985 BOOK 6,6 F�a.�F 615 EXHIBIT "A" SUBJECT TO easements, reservations and restrictions of record. Grantor's use of said property is hereby restricted as follows: Grantee may erect curbs, landscaping or bumper stops on its property in order to define its boundaries in relation to the: remainder of grantor's property. However, such barriers shall not be in the form of a wall, but may be in the form of land- scaping hedges, not to exceed a height greater than three feet. Grantee's property is a portion of grantor'.; property dosc:ribud as follows: Tract 5, except the East 10 acres thereof, Section 2, Township 33 South, Range 38 East, Indian River Farms Company Subdivision, a subdivision according to the last general plat of Indian River Farms Company Subdivision filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now situate, lying and being in Indian River County, Florida, and subject to right of way of public roads, drainage ditches, canals as appear of record, if any; and re- servations as set forth in deed recorded in Deed Book 35, Page 115; and LESS AND EXCEPT that certain parcel owned by Gulf Oil Corporation, as described in O.R. Book 293, Page 285 and 286 (Parcel No. 1) official records of Indian River County, Florida. As to grantor's property, grantor covenants as follows: Grantee is granted a perpetual, non-exclusive easement for vehicular parking and pedestrian ingress and egress to and from grantee's property to the immediately adjacent and contiguous portion of grantor's property bounding the East and North property line of grantee's property, over, upon, and across such parking areas, driveways, exits and entrances as may be constructed. Such easements shall exist only in the event that grantor, his assigns or successors in interest, shall make such improvements to the property as in the form of a shopping center. Grantor, his assigns or successors in interest, shall not erect any barriers to prohibit or prevent grantee's non-exclusive easement rights for parking and access as the same shall apply. Grantor covenants that he will not sell or lease any portion of the remaining property for use or occupancy by a business activity of which fifty percent of its groes income is derived from the: ualu of fast food beef sandwiches and/or french fries. Thiu covenAnt shall be for a period of ten years, and shall self -extinguish on the ten year anniversary of the recording of this deed. The right to use and exercise the rights and easements herein pro- vided shall run with the land and shall be for the benefit of gran- tee, its assigns or successors in interest. 21 M A M- i� AUTHORIZATION TO DRAW ON LETTER OF CREDIT - FLORIDA LAND CO. The Board reviewed memo of the County Attorney, as follows: TO: Board of County DATE: April 10, 1985 FELE: Commissioners SUBJECT: Stabilization on Jungle Trail - Meeting 4/17/85 FROM: REFERENCES: Gary M. Brandenburg, County Attorney On June 6, 1984, Indian River County entered into an agreement with Florida � Land Company to realign Jungle Trail and to do certain stabilization work along the shoreline of the Indian River. The agreement required Florida Land Company to immediately use its best efforts to design a shoreline stabilization project which would include, at a minimum, those areas which were to be stabilized under the County's former application for a shoreline stabilization permit (No. 310678588) . The Land Company agreed to submit such an application to the County within 90 days of the execution of the agreement and to the Department of Regulation within 30 days thereafter. Upon approval of the permits, The Land Company agreed to commence the stablization project and complete the project within one year. The entire costs of the stabilization project were to be borne by The Land Company, and to guarantee the obligation, The Land Company submitted to the County an Irrevocable Letter of Credit in the amount of $20,000-00 drawn upon the Lamar Savings Association, Austin, Texas. To date, Florida Land Company has not made any progress on the contractural obligation. I would respectfully submit that the Commissioners authorize the attached draft, Irrevocable Letter of Credit, and use such with the project. GMB/lk Board of County drawing down the funds to Droceed indenburg Attorney Brandenburg informed the Board that he has met with Florida Land Company's successors, and they are requesting an extension of the timeframe to complete the project. What it involves is that Florida Land Company, after they had approval of the agreement, came to the Planning and Zoning Department to determine if there were any objections to their proceeding 22 APR 17 1905 BOOK L� F��E 6l APR 17 1985 Boa 60 PvF 617 simultaneously with the permitting of finger piers and the shoreline stabilization, and there were no objections. However, The Land Company ran into problems with the permitting because piers are a secondary use and they have no primary use; it got even more complex with the changing of hands of the corporation. Florida Land, therefore, is requesting the Board not call down the Letter of Credit and grant them an extension. The County Attorney noted that we.have the option of calling down the Letter of Credit with the County then handling the permitting and the project or allowing them an extension so they can complete the project. In any event, he would not recommend that the Board allow them to tie the finger pier permitting issue in with the stabilization so that the stabilization then could proceed immediately on its own. Attorney Brandenburg pointed out that the Letter of Credit expires in December of this year; Florida Land would have to have at least a six to seven month extension and then only would be able to accomplish their project in that period of time if everything went smoothly. Vice Chairman Scurlock inquired why we shouldn't just draw down the Letter of Credit and do the stabilization ourselves, and Attorney Brandenburg felt probably just for the reason that our own staff would have to do the work and he believed the Public Works Department is pretty well loaded down now. Commissioner Bird noted that these piers would be for private use anyway, and Attorney Brandenburg agreed we would not be obtaining any title to them if the County used those funds and built them. He noted however, that the County has an interest in the stabilization, not the finger piers, and it was agreed the private and public interests are two different issues; what we are interested in is the stabilization. Dale Crosby of FLorida Land Co., felt there is a provision in the agreement that says both parties may agree to extend the time limitations. He agreed that they have been at fault in not communicating with the Board in a timely fashion,and what he has 23 M proposed to the County Attorney is that by the end of next week, he would get the drawings contemplated in the agreement to ,Attorney Brandenburg so that the proper departments can review them, and then they will prepare the dredge and fill application and get on with that permitting process. His request, therefore, would be for an extension until the end of next week. Commissioner Bird expressed his concern that the timing of the stabilization is especially critical and asked if there is any reason to believe that we could do the stabilization.any faster ourselves. Attorney Brandenburg did not believe so as there is still a 90 day permitting process. He clarified that Mr. Crosby would like an extension for a week to submit a plan and then they will have 30 days to submit it to the DER; the DER then either may take immediate action or wait the full 90 days. Vice Chairman Scurlock wished to know just which company we are dealing with as we have had one change already which apparently is responsible for part of the problem, and Mr. Crosby stated that until an actual change of ownership, the county will be dealing with Florida Land Company. Gerald Chancellor assured the Board that, as he understood it, the new party would assume all liabilities and responsibili- ties of Florida Land Co. in full. Considerable discussion ensued regarding having the -piers and the stabilization permitted separately, and Mr. Crosby noted that it would be easier to tie the two together for permitting. He emphasized that doesn't mean the County will approve both projects, but it would allow Florida Land to have one set of drawings and one review by the DER. Mr. Chancellor explained that they hoped to determine up front whether they would be allowed to build finger piers before they spent a lot of money getting into permitting activities. He also noted that it would be more economical to have one contractor to do everything all at one time. 24 BOOK 60 F,nl)E fts APR 17 1985 Fr ­ APR 17 1995 �e�K Attorney Brandenburg pointed out that it would be necessary to get a variance for the finger piers, and there is a possibility the variance may not be granted; there is also the possibility that the new owner may not want to build the docks even if he does get the permit. In addition, there is a much greater possibility of the piers being hung up in permitting for a lot longer period of time than the stabilization project. He noted that they could apply simultaneously for both of the projects, and in that way, the DER could issue the stabilization permit immediately and still consider the other if there are problems with that aspect. ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) agreed to exercise the mutual agreement to extend the time frame with the stipulation that the drawings will be submitted by April 26th; a permit application will be submitted within 30 days; and the Commission will schedule a review of the matter of drawing down the Letter of Credit for the last meeting in October, 1985; it is further understood that there will be a separate permit for the shore stabilization. PURCHASE OF TITLE 8 TRUST BUILDING General Services Director "Sonny" Dean reported that staff has been shopping for additional office space in the Courthouse area. The possible purchase of the Title 8 Trust Building V' located at 2101 15th Avenue behind the Courthouse and Annex was discussed with Ken Karasek of the Associated Land Title Group, Inc., and Mr. Karasek received the following letter from Donald Crisp. 25 LVASSOCIATED LAND TITLE GROUP, INC. 011-C WEST 23RO STREET, P. O. BOX 2493 PANAMA CITY, PLORIOA 32402 18041783-2389 /18001824-0712 OONALO R. CRISP CHAIRMAN April 9, 1985 Mr. Ken Karasek Associated Land Title Group, Inc. 2101 15th Avenue Vero Beach, Florida Dear Ken: This letter is written to authorize you to offer the building. and property now occupied by Associated Land Title Group, Inc. in Vero Beach, Florida, to the County of Indian River in an "as is" condition for no less than $287,500.00. - This sale is to be for cash on or before thirty days from the signing of the contract. This offer is good for fifteen days from the date of this letter. I will agree to pay one-half of the M.A.I. appraisal up to $800.00, furnish a standard A.L.T.A. Owner's Title Insurance Policy, and pay for the documentary tax on the Warranty Deed. This offer is to be made to the County only and the price to any other party should be no less than $300,000.00. Yours truly, -L Donald R. Crisp Director Dean continued that Commissioner Wodtke tried to negotiate the $300,000 price and made an offer of $275,000; Mr. Crisp now has agreed to split the difference and will accept $287,500. Armfield-Houck Appraisal has submitted a preliminary appraisal figure of around $300,000. Director Dean stated that after making an inspection of the building, it appears that very little renovation would be required in order for it to house a department such as that of the State's Attorney, possibly $20,000. He noted that the building was built in 1973 and is in good condition. 26 BOOK Ftp �E 69® ASR 17 1985 r APR 17 1985 BOOK CO pArE fig Vice Chairman Scurlock inquired about the parking question as related to a change of use, and Administrator Wright reported that he has discussed this with Walter Young of the City of Vero Beach, and if the building is used for offices, it does not constitute a change of use. Commissioner Bird inquired if the air conditioning is in good shape, and Director Dean stated that a new compressor was installed last year, and the building has a prestressed concrete roof which would allow another story to be added. Possibly, in the next five years, we may have to do some roofing. Commissioner Wodtke noted that he had hoped we could have acquired it for less, but if you consider land cost and replace- ment cost, we would be paying about $38 a sq. ft. He felt quite comfortable that this is a good competitive price, especially in view of the location and the need. He noted that so far we have only seen a preliminary MAI appraisal, and the final appraisal could come in a little different; he, therefore, would like to have the opportunity to see the final appraisal and evaluate it, but would recommend that we proceed with signing the intent to purchase subject to receipt of the final MAI appraisal. Attorney Brandenburg stated that the contract sets out that if the final appraisal is less than the purchase price, the County can cancel. He noted that the owner did delete the termite inspection clause and also required that the county take the building "as is." The termite inspection already has been done, however. Commissioner Bird inquired about the concept on funding. Vice Chairman Scurlock commented that Cash Forward is going to increase and the Buildings and Other Improvements Except Buildings accounts, and that all will be funded through whatever bond issue comes out of the Finance Advisory Committee's recommendation. Administrator Wright noted that we would like to repay Cash Forward for budgetary purposes when we do that bond issue. 27 Commissioner Wodtke noted that Mr. Crisp agreed to pay for documentary stamps as well as $800 towards the appraisal, and Attorney Brandenburg stated that the contract will take care of all that with the exception of the appraisal. Administrator Wright suggested adding the language set out in the letter re paying the $800, but the County Attorney stated that the letter from Mr. Crisp will suffice. ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) authorized the purchase of the Associated Land Title Group Building on 15th Avenue per recommendation of staff and the County Attorney re the contract; authorized the signature of the Chairman; and approved the necessary budget amendment submitted by the OMB Director, as follows: TO: Board of County Commissioners FROM: Jeffrey K. Barton, OMB Director DATE: April 17, 1985 FILE: SUBJECT: Purchase of T & T Title Building REFERENCES: The follwoing budget amendment is to allocate the funds to purchase the T & T Title Building and make the necessary renovations. These funds will be replaced when the bond issue is closed. _ Account Title Cash Fwd.,Oct 1st Buildings Other Imp=except Bldgs Account No. - 001 -000r38940.00 001-220-519-66.21 001-220-519-66.39 Increase 325,000 300,000 25,000 Decrease APR 17 795 28 BOOK E0 PA;E 62?2 APR 17 1985 MnK 6 0 P,q.;F 6 �3 CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY NOTE: THIS IS A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL ADVICE. DONALD R. CRISP, hereinafter called "Seller," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "Buyer," hereby agree that the respective Seller shall sell and the respective Buyer shall buy from. Seller the following described property upon the terms and conditions ' hereinafter set forth, which shall include the standards for real estate transactions set forth as Exhibit "A" to this contract. 1. Legal d.escription of real estate located in Indian River County, Florida: Lots 6 and 7, Block 36, Original Town of Vero, now City of Vero Beach, according to the plat thereof as recorded in Plat Book 2, Page 12, Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida, together with all improvements thereon. 2. Purchase Price. Buyer shall pay to Seller the sum of Two HundredEighty Seven 'thousand rive Hurrdred ($287,500.00 ) or such. greater or lesser amount as may be necessary to complete payment of the purchase price after credits, adjustments and proration -p said payment to be paid by County Warrant at closing. Buyer shall have the responsibility of providing a certified survey of the property prior to closing. 3. Time for Acceptance. This contract must be executed by Buyer prior to April 24th, 1985 4. Special Condition. A. Both parties agree to `have the land slid structures appraised by an M.A.I. appraiser. In the event such appraisal indicates a fair market value less than the purchase price contained in this agreement, then County may at its option cancel this agreement. Written notice of its intention to cancel this contract shall be deemed sufficient notice to cancel this agreement. 29 M M 5. Closing Date. This contract shall be closed and the r deed in possession shall be delivered on or before 30 days after the special conditions set forth in Paragraph 4 are fulfilled; unless extended by other provisions of this contract. 8. Prorations. Taxes and other expenses and revenues of said property shall be prorated as of the date of closing. 7. Evidence of Title. Within fifteen (15) days, from the date Indian River County announces its intent to proceed to close on this project, the Seller shall at its expense, deliver to Buyer in accordance with the provisions for title insurance in Standard A of Exhibit "A" attached hereto a title guaranty commitment. 8. Conveyance. Seller shall convey title to the aforesaid property to Buyer by warranty deed subject to matters .� contained in this contract and taxes for the year of closing. 9. Restrictions and Easements. The Buyer shall take title subject to: (a) zoning and/or restrictions and prohibitions imposed by governmental authority, (b) restrictions and matters appearing on the plat and/or common to the subdivision, and (c) public utility easements of record, provided,tt a" said easements are located adjacent to the boundary lines of the property and are not more than ten (101) feet in width. 10. Assignability. This contract is not assignable. 11. Contract Recordable. The parties agree that this agreement may be recorded in the Public Records of Indian River County, Florida, at the expense of the recording party. IN WITNESS WHEREOF. the parties hereto have caused these presents to. be executed in their respective names, the date set forth above their signatures. Date: April 17, 1985 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY wit"s - C �DON C :--CiJ$€4G`K ;TR_. /, Vice Chairman Witness ATTEST: tin - 't • FRED WRIG T, CI rk Appro d o form �/ � � se and e u ic' r _2_ • a Bran enbu g, Cou t Attorney BOOK 6 0 f', 612 APR 1685 Date: witnees �( - Witness BOOK 6'0 P,�cF 62- �5 DONALD R. CR SP STATE OF FLORIDA COUNTY OF BAY -=- I HEREBY CERTIFY that on this day before me, an officer duly authorized to take acknowledgments, personally appeared _ r_DONALD R. 'CRY_SP, =.� who executed the forego ng instrument — �- and e= acknowledged before me that -he- executed the same. WITNESS my hand _ and offici 1 seal in the County and State last ` aforesaid this day of , 1985. My Commission Expires: 'Notary Public, Srtate of F. orida at MY COMMISSION EXPIRES OCT. 23,1987 Large STATE OF FLORIDA COUNTY OF* INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officerd��u��ly�t authorized to take acknowledgments, personally appeared DON G. SCURLOCK, JR. FREDA WRIGHT, : y to me knwn to be the individualswho executed the foregoing instrument and ey acknowledged before me thatthey executed thAr same* on behalf of the Board of Cotmty Commissioners, Indian River County, WITNESS my ha dh and official seainin the County and State,,,,;,. last aforesaid this l�t day of pril 1985. My Commission Expires: Notary Vublic, State of Florida at }' Notary Public, State of Florida at Lp,?�e L a e g e my Commission Expires May 15, u;.-3 31 B. EXISTING MORTGAGES: The Seller shall obtain and furnish a statement from the mortgagee setting forth the principal balance, method of payment, interest rate, and whether the mortgage is in good standing. If there is a charge for the change of ownership records by the mortgagee, it shall be borne by the Buyer. C. SURVEY. The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have said property surveyed at his expense. .If the survey shows any encroachment on said property or that the improvements intended to be located on the subject property in fact encroach on the lands of others, or violate any of the covenants herein, the same shall be treated -'`as a title defect. TERMITE INSPECTION: Prior to closing, at Buyer's ex .a- e Buye shall have the right to have the property �pected by a licensed terminating company to determine wYOher there is any active ter a or wood -destroying orga�L present in any improvements o aid property, or any age from prior termite or wood destroying or nism to said Jailirovements. If. there is any such infestion or da e, Seller shall pay all costs of treatment and repairing /or replacing all portions of said improvements which ar nfest\or have been damaged; provided, however, in the e t the cost tomb` incurred is more than three percent (3%) he purchase price, t�e,n .either party may cancel the contra within ten (10) days of 'r•e.ceipt of the termite inspecti report and cost estimate for effecting exterminations and ecessary repairs, by giving written notice -to the other ty• "`'•- E. INSURANCE: The premium on any EXHIBIT "A" insurance policy STANDARDS FOR REAL ESTATE TRANSACTIONS force covering improvements on the subject property, shall be -k: A. EVIDENCE OF TITLE: A title guarantee commitment issued by a may be cancelled qualified title insurer agreeing to issue to the buyer, upon the the Buyer may elect. If insurance is recording of the deed by buyer an owner, guarantee in the amount prorated, the Seller of the purchase price insuring the title of the buyer to that real shall, on or before closing date, property, subject only to liens, encumbrances, exceptions or to the Buyer qualification set forth in this contract and those which shall be insurance policies or copies thereof. t discharged by seller at or before closing. • f • t t F. LEASES: The Seller shall convey Buyer shall have 15 days from the date of receiving the evidence free and clear of title to examine same. If title is found to be defective, the all leases and aIgn an affidavit stating there are no leases buyer shall, within said period notify the seller in writing specifying the defects. If the said defects render the title unmarketable, the seller shall have 120 days from the receipt of such notice to cure the defects, and shall use due diligence to do so; but if after said time has expired, said defects are not cured, Buyer, upon request, shall have an additional 120 days to cure said defects, and the reasonable costs and fees incurred thereby shall be paid by seller. If Buyer does not cure said defects within said addditional time period, then buyer shall have the option: (1) accepting the title as it then is, or (2) demanding a refund. of all monies paid hereunder which shall forthwith be returned to the buyer, and thereupon the buyer and seller shall be released of all further obligations under this contract. B. EXISTING MORTGAGES: The Seller shall obtain and furnish a statement from the mortgagee setting forth the principal balance, method of payment, interest rate, and whether the mortgage is in good standing. If there is a charge for the change of ownership records by the mortgagee, it shall be borne by the Buyer. C. SURVEY. The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have said property surveyed at his expense. .If the survey shows any encroachment on said property or that the improvements intended to be located on the subject property in fact encroach on the lands of others, or violate any of the covenants herein, the same shall be treated -'`as a title defect. TERMITE INSPECTION: Prior to closing, at Buyer's ex .a- e Buye shall have the right to have the property �pected by a licensed terminating company to determine wYOher there is any active ter a or wood -destroying orga�L present in any improvements o aid property, or any age from prior termite or wood destroying or nism to said Jailirovements. If. there is any such infestion or da e, Seller shall pay all costs of treatment and repairing /or replacing all portions of said improvements which ar nfest\or have been damaged; provided, however, in the e t the cost tomb` incurred is more than three percent (3%) he purchase price, t�e,n .either party may cancel the contra within ten (10) days of 'r•e.ceipt of the termite inspecti report and cost estimate for effecting exterminations and ecessary repairs, by giving written notice -to the other ty• "`'•- E. INSURANCE: The premium on any hazard insurance policy in force covering improvements on the subject property, shall be prorated between the parties, or the policy may be cancelled as the Buyer may elect. If insurance is to be prorated, the Seller shall, on or before closing date, furnish to the Buyer all insurance policies or copies thereof. t • f • t t F. LEASES: The Seller shall convey property free and clear of all leases and aIgn an affidavit stating there are no leases Riving any rights to any other persons. 32 BOOK APR 11 1985 P'�E�L-0 J BOOK 60 PACAV MECHANICS LIENS: Seller shal furnish to the buyer an etficdavit that there have been no improvements to the subject property for 90 days immediately preceding the date of closing. If the subject property has been improved within 90 days immediately preceding the closing date, the seller shall deliver releases or waives of all mechanics liens executed by general contractors, subcontractors, suppliers or materialmen and a seller's mechanics lien affidavit. H. PLACE OF CLOSING: Closing shall be held at the office of the Buyer's attorney or as otherwise agreed upon. I. DOCUMENTS FOR CLOSING: Seller's attorney or other closing age'ht shall prepare deed, and corrective instruments, seller's affidavits, and closing statement. Buyer's attorney shall prepare the purchase money note and mortgage. Copies of all such documents shall be submitted to the other party's attorney at least two (2) days prior to the closing date. Copies shall also be furnished to participating Brokers upon request. J. EXPENSES: State surtax and documentary stamps required on deed, costs of recording any correcting instruments and the cost of recording the purchase money mortgage shall be paid by the seller. Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage; intangible tax on mortgage, and the cost of recording the deed shall be paid by the buyer. K. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based upon the current year's tax without regard to discount. If the closing takes place and the current year's taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes wily be prorated_ on the prior year's tax; provided, however, if there is a completed improvement of the subject premises by January 1 of the year of closing!, then the taxes shall -be prorated to the date of closing based upon the prior year's millage and an equitable assessment to be agreed upon between the parties, taking into consideration Homestead Exemption, if any. However, any tax proration based on an estimate may at the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill, if a statement to that effect is set forth in the closing statement. L. SPECIAL ASSESSMENT LIENS: Certified, confirmed or ratified assessment liens as of the date of closing (and not as of the date of the contract) are to be paid by the seller. Pending liens as of the date of closing shall be assumed by the buyer, provided, however, that where the improvement has been substantially completed as of the date of the contract, such pending liens shall be considered as certified, confirmed or ratified and the seller shall at closing be charged an amount equal to the last estimate by the - public body of the assessment for the improvement. M. PERSONAL PROPERTY: The Seller represents and warrants that all major appliances and machinery Included -4n- the sale shall be In good working order and repair as of the date of closing. Buyer may, at his sole expense and on reasonable notice, inspect or cause an inspection to be made of the appliances and equipment involved prior to closing. Any necessary repairs shall be made at the cost of the Seller and, if appropriate, adequate funds shall be escrowed at time of closing to effect such repairs. Unless otherwise agreed by the parties, the Buyer shall, by proceeding to closing, be deemed to have accepted the property as is. N. RISK OF LOSS: If the improvements other casualty before delivery of the dee substantially the same condition as now of sixty (60) days thereafter, Seller may and the closing ,.date and date of hereinbefore provided shall be extended 33 are damaged by fire or I and can be restored to existing within a period restore the improvements delivery of possession accordingly. If Seller fails to do so, the Buyer shall have the option of (1) taking the property as is, together with insurance proceeds, if any, or (2) cancelling the contract and all deposits will be forthwith returned to the Buyer and the parties shall be released of any further liability hereunder. O. MAINTENANCE: Between the date of the contract and the date of closing, the property, including lawn, shrubbery, and pool, if any, shall be maintained by the . Seller in the condition as it existed as of the date of the contract, ordinary wear and tear excepted. P. ATTORNEY FEES AND COSTS: arising out of this contract, entitled to recover all costs attorney's fees. In connection with any litigation the prevailing party shall be incurred, including reasonable Q. DEFAULT: If Buyer fails to perform any of the .covenants of this contract, all money paid pursuant to this contract by the Buyer shall be retained by or for the account of the Seller as consideration for the execution of this contract, and as agreed any liquidated damages and in full settlement of any claims for damages. If the Seller fails to perform any of the covenants of this contract,. all money paid pursuant to this contract by the Buyer, at the option of the Buyer, shall be returned to the Buyer on demand, or the buyer shall have only the right of specific performance. R. PERSONS BOUND: This contract shall bind and benefit the parties hereto, their heirs, personal representatives, successors and assigns (unless provided herein that this contract is not assignable). S. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract, shall be binding upon any of the parties. Typewritten of handwritten provisions inserted in this form or attached hereto as addendums shall control all printed provisions in conflict therewith. The covenants of this contraot shall survive delivery of the deed and possession. T. - MAKING TIME OF ESSENCE: Time may be made the essence of this contract by notice in writing to the last known address of t� other party or his attorney, stipulating a reasonable time dor further performance. U. Buyer is purchasing the grojherty described herein in as -is condition. AWARD OF LEGAL FEES FOR DAVID ALLEN GORE APPEAL Attorney Brandenburg informed the Board that there is a statute that sets out that the attorney who takes one of these cases to appeal is entitled to a maximum fee of $2,000. His office, however, feels the award of $8,000 was a proper amount in respect to the amount of work done by the attorney for David Gore, but they felt an obligation to bring this to the Board's attention as it does conflict with the statutory limitation of $2,000, and the Board has the ability to appeal this award. 34 APR 19 �ooK 'a F �r 698 APR 17 1985 Boor C°49 F=CC_699 Vice Chairman Scurlock asked the County Attorney if the amount awarded was reasonable or not. Attorney Brandenburg believed it was considering the type of case and the hours of work involved. He also felt it is impor- tant that the County have competent representation for these people because if we don't, and it goes to appeal and is reversed and has to be tried again, the cost is enormous. Commissioner Bird believed that the County Attorney made a good point. Obviously it would be politically popular to say we will only pay $2,000, but if our legal staff feels the award is in line and reasonable for this type of case, he did feel we have an obligation, whether we like it or not, to provide competent legal defense. ON MOTION BY Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) agreed not to appeal the award of legal fees for the David Allen Gore Appeal. CALL DOWN LETTER OF CREDIT - RAX RESTAURANT Administrator Wright referred the Board to the following memo written by Assistant County Attorney Paull to the Office of Vr Budget and Management: 35 TO: ODarlene Weeks DATE: 4, 1985 FILE: OMB SUBJECT: U.S. 1/RAX SOUTH LETTER OF CREDIT Christopbgr J. Paull Assistant County Attorney FROM: REFERENCES: 0 The Letter of Credit on Barnett Bank for Rax South, Inc. was originally provided to the County at the request of the County Administrator in order to guarantee completion of installation of a sewer line, together with the complete restoration and clean-up of all road areas affected during construction. These included 14th Street, 15th Street and 6th Court and portions of 6th Avenue. All work was apparently completed just prior to the second extension of the letter, with the exception .of certain drainage corrections and resodding of swails. At the March 20, 1985 BCC meeting, the Board agreed to reduce the amount of this bond to $5,000.00 and to allow an additional 30 days to complete the remaining work. You should contact Michael Wright,. Terry,Pinto, and Jim Davis for action on this letter of credit prior to its expiration date. The Administrator informed the Board that OMB Director Barton has checked and determined that no work is being done, and that is why this was added to the agenda as an emergency item. He recommended that the Board authorize staff to call down the Letter of Credit in the amount of $5,000. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-42, authorizing staff to call down the Letter of Credit on Barnett Bank for Rax South, Inc., in the amount of $5,000 as recommended by staff. 36 BOOK" P' E APR 17 1985 J COOK GO F,gr;r RESOLUTION NO. 85-42 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING DEFAULT OF CONSTRUCTION AGREEMENT AND AUTHORIZING DRAFT UNDER LETTER OF CREDIT NO. 1760. WHEREAS, Rax South, Inc., on behalf of the U.S. 1 Sewer Group, entered into a Right -of -Way Permit Agreement with the County, permit number 37-564, dated October 23, 1984, relating to the construction of a certain sewer line project more fully described in the permit and its application; and WHEREAS, to guarantee restoration of any street right- of-ways affected by the construction, Rax South, Inc. submitted an Irrevocable Letter of Credit issued by Barnett Bank of Central Florida, N.A., No. 1760, dated October 24, 1984; and WHEREAS, the expiration date of said Letter of Credit, as extended, is April 22, 1985, and all restoration work has not been completed as required by the permit; and WHEREAS, it is necessary to declare default under the terms of said agreement and request a draft of funds prior to expiration of the Letter of Credit, in order to complete the project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board finds that Rax South, Inc. has defaulted under the terms of that certain agreement between Rax South, Inc. and Indian River County relating to the 14th Street Right -of -Way Permit dated 23 October, 1984; 2. $5,000.00 is now due to the County as a result of such default for the purposes of completing the street restorations; 3. The Chairman and Clerk are authorized to execute, endorse, and present for payment an appropriate Draft in compliance with the terms of the credit instrument. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bowman vote was as follows: and, upon being put to a vote, the 37 Chairman Patrick B. Lyons Vice -Chairman Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner William C. Wodtke, Jr. The Chairman thereupon declared the resolution duly passed and adopted this day' of 1985. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By C DON C. SCUICLOICK, JR Vice -Chairman April 17, 1985 DRAFT AND DEMAND FOR PAYMENT To: Barnett Bank of Central Florida, N.A. Letter of Credit Department 201 South Orange Avenue P. 0. Box 3200 Orlando, Florida 32802, U.S.A. Re: Letter of Credit No. 1760, October 24, 1984, extended by amendment No. 1, February 19, 1985. Pay to the order of the Board of County Commissioners of Indian River County, Florida, at sight, the sum of FIVE THOUSAND UNITED STATES DOLLARS (U.S. $5,000.00). i This sum is drawn under Barnett Bank of Central Florida, N.A., Letter of Credit Number 1760, dated 24 October, 1984. See accompanying resolution of beneficiary Indian River County. DRAWER - INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: / ' G DON C. SCURL K, JR. - Vice -Chairman 61 Attest: FREDA WRIGHT Clerk of Circuit Court 38 BOOK APR 17 1985 J APR 17 1985 REPORT - TRANSPORTATION PLANNING COMMITTEE 60 x`33 80orr Vice Chairman Scurlock reviewed the following Summary of V, Actions of the Transportation Planning Committee: SUMMARY OF ACTIONS TRANSPORTATION PLANNING COMMITTEE April 16, 1985 1. Request to Amend the Thoroughfare Plan, 49th Street: Grand Harbor, Inc. applied to remove 49th Street between U.S. #1 and proposed Indian River Boulevard. Committee recommended a neutral position and to forward comments made by Public Works Department. 2. Traffic Impact Fee Ordinance Study: Committee received request for a 45 -day time extension from Barton-Aschman Associates, Inc. Reports #2 and #3 scheduled for Transportation Planning Committee review at re -scheduled meeting date of May 28, 1985. 3. North U.S. #1 Corridor Study: Committee recommends the following improvement components of the Study. Funding of Items A, B, and C to be by the City of Vero Beach, Item D by the FDOT and Item E by Indian River County: A. U.S. #1 at 27th Street o Install signs restricting heavy trucks ® Realign the intersection of 27th Street and St. Lucie Avenue ® Signalize U.S. #1 and 27th Street B. 14th Avenue at FECRR e Add a right -turn radius for southbound traffic on 14th Avenue to turn onto St. Lucie Avenue 0 Maintain northbound access onto U.S. #1 e Re-evaluate after other improvements are complete C. U.S. #1 at 23rd Street ® Lengthen the eastbound left -turn lane on 23rd Street ® Upgrade the traffic signal to an 8 -phase signal (left turn arrows all directions). D. U.S. #1 at 21st Street c Redesign access and turning movements as proposed by Florida Department of Transportation, except retain southbound right -turn movement onto 21st Street. E. Indian River Boulevard e Endorse extension north from Royal Palm Boulevard to U.S. #1 as an alternate route to U.S. #1. 39 4. Intersection Study - Old Dixie Highway at 4th Street: Committee approved staff recommendation to signalize this intersection in 1986 to coincide with the extension of Indian River Boulevard to U.S. #1 at 4th Street. Signalization cost ($25,000) to be budgeted during FY 85/86 and left -turn lanes at Old Dixie added to the Transportation Improvement Program (TIP) . 5. Orchid Island Identification Signs: Committee recommends that signs be installed on S.R. AlA, S.R. 60 (Barber Bridge), 17th Street Bridge and C.R. 510 Bridge where these roads enter Orchid Island, as requested by Committee Member, Mrs. Lier. In regard to Item 1, Vice Chairman Scurlock stated that the Committee took no position with regard to the Grand Harbor proposal except to forward the comments made by staff. He noted this development on Route 1 is a development of regional impact, and the total traffic package should be looked at. 2) Update on Traffic Impact Fee Ordinance Study - the Vice Chairman stated a request for a 45 day extension has been received, and the basic problem is the consultants had one of the principles leave the firm. Also, they were considering using a microcomputer but have decided they will have to use the main frame. However, in conjunction with the time extension, they are going to compress their schedule and will begin work on the actual ordinance concurrent with this. 3) The Vice Chairman stated that the North U.S.1 Corridor Study is a very controversial item and required two meetings. The original recommendation was to abandon the 27th Street crossing by Scotty's completely, but it was felt that would limit access severely so they came up with the other recommendations. Commissioner Bird noted that the next crossing north of there is at the City water plant, and he wished to know if the City has the ability to create a by-pass road from that point through to the Airport to relieve this situation. He felt they had right-of-way along the railroad. Vice Chairman Scurlock believed they could, but the problem is that there is no way to bridge the canal and the traffic would be limited just to the Airport and out the other side. 40 APR 17 1985 nor U, FsF e� _I APR 17 1985 BOOK 0 P' E 63 5 Commissioner Bird felt such a road would be of great benefit just for the Piper Aircraft plant traffic and that industrial park, and stated that he would like to see more consideration given to this possibility. The Vice Chairman agreed to take it back to the Committee. Commissioner Bird asked at what point we are going to address the funding for the extension of the Boulevard. Vice Chairman Scurlock believed this will be looked at through the Transportation Planning Committee and the Finance Advisory Committee. He felt the impact fee will certainly pay a portion; also 5th and 6th cent gas tax monies; and would anticipate some bond issue and probably separating the two contracts north and south. Administrator Wright pointed out that we already have approved the funding of the southern extension of the Boulevard. Commissioner Bird felt that Item 5 in regard to installing identification signs where the major roads and bridges enter Orchid Island is a good idea since we finally have the name established as we wanted. He suggested that the sign have something extra, possibly a colored orchid. The Administrator stated that he would see how creative our sign shop can be, and Commissioner Bowman pointed out that the orchids for which the island is named actually are air plants. Vice Chairman Scurlock informed the Board that he will bring this report back to the next meeting for acceptance and approval. Commissioner Bowman inquired about the work at 1.4th Avenue and the railroad crossing, and Vice Chairman Scurlock explained that closing is a temporary situation. When FEC decides they are going to renovate an intersection, they do it, and send a bill to the governmental entity involved, which entity really does not have any option other than to pay. The City has objected to the bill and that is what is happening now, but he assured Commis- sioner Bowman that they are not doing anything to impact us. 41 M M s SHERIFF REQUESTS OFFICE IN NORTH COUNTY AREA Sheriff Dobeck came before the Board to discuss the desirability of his having a branch office in the north end of the county, as explained in the following letter: *beriff P. O. BOX 608 PHONE 562.7911 R.T."TW DOBECK • INDIAN RIVER C0('.VT1- MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO BEACH, FLORIDA 32960 April 17, 1985 Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 RE: North County Office Space Areas to be served: Sebastian Roseland Fellsmere Vero Lake Estates Wabasso Office Use: Sheriff's Office Civil Process Complaint Affidavits Witness Interview Investigative Follow-up Walk -In Informational and Other Dear Commissioners: It has become evident for many reasons, that we open a branch office in the North end of the county in order that we m -ay better serve the fast growing area. This is being requested in order to continue to provide the best quality law enforcement and the handling of calls for serv.ice that are ever increasing in this area. Should the County Commission allow the Sheriff's Department to open this office, we would recommend for convenience that it be placed in the Sebastian area. This office would service the 5 locations mentioned above. The text of this letter will outline the uses and details of what we believe to be the needs -in justifying the opening of such an office. According to statistics provided by the University of Florida, "Crime in Florida" pages 96 and 97, the total population of Indian River County is 74,162 excluding the incorporated areas. This leaves the Indian River County Sheriff's Department a total of 57,131 people living in the areas that are currently patrolled by my department. There are no substantial figures available, reflecting the exact population in the 5 areas that this office will service, but we believe the population in these areas is substantial enough to warrant its' opening, SPR 17 1 42 soon F- i APR 17 1985 .BOOKPA�E R37 Sebastian and the other mentioned areas are desirable, coastal cities attracting people daily who become new residents. During the last year in the unincorporated areas, the population increased from 46,567 to the now 57,131 or approximately a 22.69% increase. The areas that this office hopes to serve represent a total of about 53% of calls for service during the first 3 1/2 months of '1985. Statistics of the last 4 months of 1984 on calls for service place this.figure closer to 60%, most likely due to the seasonal influx on the population. A review of calls for service for the Sheriff's Department shows a total of 17% increase in 1984 over 1983 and during the first (4) months of 1985 we are averaging more than a 30% increase over last year. The primary function of this office will be a Sheriff's Office to be opened from 8 a.m, to 5 p.m., Monday through Friday, but not be limited to those times. Myself or my Chief Deputy will be in the office"at least 2 days a week and available to the general public for any problems or complaints that would need personal attention. Also, we are planning to open a Civil Division in an effort to coordinate the growing number of subpoenas and other court related processing for the areas mentioned. Our Civil Division is currently averaging about 1,000 civil process services a month and it is estimated that about 40% reflects on the 5 areas to be serviced out of our Sebastian office. As a result of the distance required to travel for complaintants to sign complaint affidavits, many complaints or affidavits go unfiled or unreported. We estimate as many as 20 a week are not filed because of the current drive from these locations to the Indian River County Sheriff's Department. The convenience of the Sebastian office would enhance the signing of these affidavits and bring the guilty into the court system and perhaps stop the illegal activity. The office could also be used for witness interview. Currently, it is necessary for witnesses in the 5 mentioned areas to drive to the Sheriff's Department. This office would provide a location for deputies, Florida Highway Patrol and Investigators to interview witnesses of crimes, traffic accidents and also allow investigators a place to do follow up investigations. Lastly, the Sheriff's Department has experienced an increase in walk-ins that require the department to send officers to the above mentioned locations, as well as provide information and other services to people from these areas. In conclusion, the opening of the Sebastian office would provide clear assistance to those people in the North end of the county for all facets of law enforcement and I am convinced that this will increase the rapport between citizens and law enforcement. It will also improve the quality of our efforts for these services to the individuals in these areas. Attached is a copy of the budget amendment listing the amount necessary to carry this office into the next budget year. This budget amendment however, does not reflect the cost of building, furniture, or -utilities. Thanking you in advance for your cooperation, I remain Sincerely, : R. T. "Tim" Dobeck, Sheriff Indian River County The Sheriff noted that he did not include in his letter that he is in the process of doing some additional planning in conjunction with the State Attorney's office in regard to making part of this North County office available for holding first appearances, etc. The object is to try to cut down the traveling time required for the people in the North County area. Sheriff Dobeck stressed that it is his desire to provide a level of service that he feels the people in that area need and deserve, and informed the Board that he has a proposed budget amendment of $14,698 which would cover six months of service for the new office. This would include salary for a secretary, installation and cost of telephone service, typewriter, office supplies, rent of a copier, etc. Sheriff Dobeck continued that he has looked for space that is readily available in the area; he would like something easily accessible to the general public with good parking, preferably close to U.S.I. He believed the old post office is available, with close to 3,000 sq, ft., and he has contacted attorneys up there re working out a deal that would be agreeable to the County dollarwise. Vice Chairman Scurlock stated that it has been his feeling for a long time that when it gets to a point to make it economi- cally feasible, we should have a satellite office not only for the Sheriff, but for the other Constitutional Officers, i.e., the Property Appraiser, possibly the Tax Collector, the Clerk, etc., He emphasized that he does support the concept, but would hope as we look for space, we look at the total package. Sheriff Dobeck concurred, and stated that he would be happy to work with the Commission re the available space. Property Appraiser David Nolte reported that he has opened an office in the Sebastian City Hall and is up there one day a week on Thursdays. He noted that actually he only requires space there at Homestead time and TRIM notice time. Mr. Nolte stated that he had an excellent response at Homestead time and still has 44 APR 17 1985 BOOK 0 N� GE 60� J APR 17 1985 . BOOK 60 two or three people coming in every week and asking questions, and the people are pleased that the office is there, especially because of problems with traffic during the winter season. The Property Appraiser noted that he does not need much space, but confirmed that he would be happy to chip in with the Sheriff.. Commissioner Bird agreed this is a fine idea and felt staff will need some time to check the market for space up there. He did not want to obligate the county to.pay for a lot of square footage we may not need, but believed we will need some space to allow for growth. Commissioner Wodtke noted that the Sheriff is ready to go right now and wondered if he would need something more sophisticated for communications. The Sheriff stated that he would not. Commissioner Wodtke stated that he envisioned we eventually would need an Annex in the North County to cover most of our County operations, possibly even a mini courtroom, but he agreed there is a need now and felt possibly we will need a complete North County branch much sooner than we have anticipated. He felt perhaps we should authorize what Sheriff Dobeck is asking for with the understanding that we need to take a long range look at setting up something on a permanent basis - including voter registration - social security - Commission meetings etc., and felt possibly the post office with 3,000 sq. ft, might not be a bad idea. Vice Chairman Scurlock expressed concern about entering into a long term lease at this point. He did agree the Sheriff's request is reasonable and should be approved now and then possibly we could have the Sheriff work with our staff and develop an overall plan for the next budget year. Sheriff Dobeck assured the Board that he will be glad to work with staff or be part of a committee, and will participate in whatever is planned. 45 M MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, to approve the request of the Sheriff to open a branch facility in the North County area; to authorize staff to research space as discussed; and to approve the necessary budget amend- ment for the Sheriff, as follows: TO: Board of County Commissioners DATE: April 17, 1985 SUBJECT: Budget Amendment FROM. Jeffrey K. Barton, REFERENCES: OMB Director Per approved Sheriff's approved request of April 17, 1985. Account Title Account No. Increase Budget Trans. - Sheriff 001-600-586-99.04 14,698 Reserve for Contingency 001-199-513-99.91 FILE: Decrease 14,698 46 APR 1 1995 Boor. 0 F. `F 64® co c 0 m INDIAN RIVER _ -- - - -- - - — - -------._.._...amu•:' She, •''s ae:artmem TO. INDIAN RIVER-_OOUNTV Board of County Commissioners Budget Accounts 521 .10 Personal Services .30 Operating Expenses .60 Capital Outlay 64.41—Auto Equipment 64.43—Radio Equipment 64.44—Other Equipment Contingency This is Title: S..hairm INDIAN BUDGET ACCOUNT AMENDMENT NC, _ 4 _- FY: 84/35 April 17, 1985 I hereby request approval for the amendment of the Sheriff's D. e :;ne;,( DuQ•,e; as �-.; ;Grl' r >iC?. R. T. "Tim" DOBECK, Sherif Original Budget or Last Amended FY 1984/85 $ 2,695,479. 649,481. 84,988 412,800- 5,745. 5,000. TOTAL BUDGET $ 3,581,493. e receiet y the oard of County Commissioners April 17, 198 2 a V � o-17114 �n Signature ; ,,. �.. �: grin S Amendments Requested s __ 8,620. 5,178. 900. $ 14,698. I =Grm 82.7.4 Budget Including Amendments Requested 2,704,099, 654.659 1R4,ARR 40, Rnn 6,645. 5,000. $ 3,596,191. This is to certify that this budget account amendmPr.t has been r`p � Approved I Disapproved Date. Signature �—? Title:Director, Office of Management & Budget 1 Commissioner Wodtke asked where the other side of the money comes from, and Administrator Wright felt probably from the contingency fund. Sheriff Dobeck explained that his figures do not reflect rent, electrical or furnishings. The Commission has always furnished these before. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). Sheriff Dobeck wished to acknowledge those in the audience who had traveled down from the North County today to indicate their support of his request. FELLSMERE GRADE ROAD ISSUE Attorney Brandenburg reviewed his letter to the Executive Director of St. Johns Water Management District, which is self- explanatory, and was written per the Chairman's directions: 48 A P R 17 1995 BOOK FP, U 6 BOOK �T (` 60 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 ;j7Aj3 : ; _�� �. Telephone: (305) 567-8000 Suncom:424-1425 B04.DCoeNty c' March 27, 1985 Mr. Henry Dean, Executive Director St. Johns Water Management District Post Office Box 1429 Palatka, FL 32078-1429 Re: Fellsmere Grade Road Dear Mr. Dean: 6,0 PACF643 GARY M.BRANDENBURG County Attorney CHRISTOPHER J. PAULL Asst. County Attorney JAMES P. WILSON Asst. County Attorney As per a telephone conversation with Mrs. Carolyn Brown of your office, please be advised that we have rescheduled the upcoming meetings as follows: - (1) May 6, 1985 - 3:00 P.M. (First Floor Conf. Room) Meeting with staff of St. Johns, Indian River County, Florida Department of Transportation, and Florida Turnpike Authority. (2) May 6, 1985 - 7:00 P.M. (Commission Chambers) Meeting with staff of St. Johns and the Indian River County Board of County Commissioners. (3) May 7, 1985 - during the day (Commission Chambers) Two meetings, i.e., the St. Johns Committee Meeting first and possibly at 4 P.M., the St. Johns Governing Board Meeting. (4) May 8, 1985 - during the day (City Council Chambers) Reserved in case the Tues. Governing Board Meeting is carried over. Please advise if the plans stated above are agreeable to you. We look forward to hearing from you further in this matter. Very truly yours, ��J GMB/lk cc: Board of County Commissioners y ;B an enburg, ount Attorney Carolyn Brown, St. Johns/District 49 M M M OCCUPATIONAL LICENSE COMMITTEE V y Attorney Brandenburg Inquired whether the Board would want to establish a committee re occupational licenses, and Commis- sioner Bird felt this would be just a one-shot committee. Vice Chairman Scurlock suggested that Commissioner Wodtke chair such a committee and recommend appropriate appointments. This was agreed. DISCUSSION OF PROPOSALS BEFORE THE STATE LEGISLATURE V Commissioner Wodtke referred the Board to the following Legislative Update from the State Association of County Commissioners: 50 APR 17 1985 BOOK 60 P,; -UF 64 STATE PLAN — Sets forth the 'State Is policies, goals & objectives in five No bill numbers at major areas. Must be received by the Legislature no later. than 45 days prior: to the start -;'-this time. CD ' 0 of the session. The Legislature may pass the Plan as received, pass it with amendments, ;.. `M reject the Plan or take no action. - If the Legislature takes no action, :the Plan may be..'*;. • approved by the Cabinet after an extraordinary vote. After the Plan is' approved,, state agencies & Regional Planning .Councils will- develop their.. own plans.. which must be..• consistent with the state policy plan. :;• , ; 1 - , C1OUNrY C CbfYUSSIONER DISTRTCIS — Amends Cha ter 124 to d 1 t 41-U d' t i t'i i p e e e e is r c. ng opt on of five single member districts & two at -large. A districting option of •seven single member No companion bill* districts replaces the five plus two option. ANNEXATION— Revises Chapter 171 relating to annexation. 'Requires that the county & its .-_ BB -87 SPATE ASSOCIATIONs OF ^COUNTY # , areas within the "urban growth boundary" are available to be annexed. by the city. co Eliminates the dual referenda required in current law for those areas to be annexed unless LEGISLATIVE UPDAZL -- f EC April 12,IV :1985 rAMULL Directs DER to adopt performance standards-basedrules relating..".: Lo e0 0 COU, to landfill construction, operation &, closure, as opposed to rules. which. perscribe .. .,introduced at this time. - specific construction methods. Requires that owners or operators,of a landfill shall le �• tP' Tbpic House Senate STATE PLAN — Sets forth the 'State Is policies, goals & objectives in five No bill numbers at major areas. Must be received by the Legislature no later. than 45 days prior: to the start -;'-this time. CD ' 0 of the session. The Legislature may pass the Plan as received, pass it with amendments, ;.. `M reject the Plan or take no action. - If the Legislature takes no action, :the Plan may be..'*;. • approved by the Cabinet after an extraordinary vote. After the Plan is' approved,, state agencies & Regional Planning .Councils will- develop their.. own plans.. which must be..• consistent with the state policy plan. :;• , ; 1 - , C1OUNrY C CbfYUSSIONER DISTRTCIS — Amends Cha ter 124 to d 1 t 41-U d' t i t'i i p e e e e is r c. ng opt on of five single member districts & two at -large. A districting option of •seven single member No companion bill* districts replaces the five plus two option. ANNEXATION— Revises Chapter 171 relating to annexation. 'Requires that the county & its .-_ BB -87 municipalities establish "urban growth boundaries" within their comprehensive plans.. only areas within the "urban growth boundary" are available to be annexed. by the city. Eliminates the dual referenda required in current law for those areas to be annexed unless a petition of 25% of the electors in the area -is presented.' Disputes between the county & its municipalities over the establishment of -'an urban growth boundary are resolved by the Regional Planning Council with a final appeal to the Governor & Cabinet."..n:. rAMULL Directs DER to adopt performance standards-basedrules relating..".: No legislation to landfill construction, operation &, closure, as opposed to rules. which. perscribe .. .,introduced at this time. - specific construction methods. Requires that owners or operators,of a landfill shall le a fee or a surcharge on an existing fee to cover the anticipated costs of closin the • . � _ ray.•. 711 1 i SB 549 in Select Com- mittee on Comprehensive Plan. SB -73 ,. 0-87 DISTRIBUTION LIST Commissioners Administrator ' Attorney Pe; connel Public Works Com, -nur,ay uev. Utilities Finance Other CS/SB-100 in Senate Appropriations. landfill. Local governments may place special assessments.for garbage collection services. on the tax bill but may only assess a parcel if it receives a direct benefit for garbage*-. collection services.. TOtJRIST TAX — Amends the tourist development taxlto provide that it may. be used .to HB -108 in House No companion bill. finance beach acquisition, improvement -or restoration&:erosion control. °* Tourism and Economic . w . dpi Development Cacimittee. UTILITY SERVICES — Prohibits 'counties from discontinuing utility, water`or sewer services BB -94 House calendar. SB -126 in Senate BCCA P._ to the owner of any rental unit or to the tenant or perspective tenant of any rental unit. Camnittee. because of nonpayment for such services incurred by a former occupant of the unit. Prohibits counties from placing liens cn such properties :for unpaid services by former <}: tenants. N -- 7 . House Senate Topic ANI'rnWSr — Amends Chapter 542 to limit actions & penalties against:"local governments & 'HB -369 in House: --`,..-..:'SB 565 in'Senate local elected officials with regard to antitrust violations. Prohibits criminal actions Appropriations,'Judiciary-Criminal. from being brought against local governments; prohibits civil penalties or attorneys' fees from being brought against local governments; prohibits injunctive relief. from being y sr� = C- granted against a local government, or its officials or employees if the official conduct; which forms the basis of the. suit, is to protect the health, safety or' welfare of the "' CO citizens of the local government. t. - FIRE ARM PR—EEMP'roJ — Preempts. the regulation of firearms &'ammunition,`"including the.:HB-405 in House SB859in Senate o purchase, ownership, possession & transportation thereof, to the state government & Criminal Justice Judiciary -Criminal. m prohibits county & municipal governments from enacting local ordinances or, regulations _`' Committee. thereon. Declares that existing ordinances are null & void: E BUIIwNG ODNS'rldJ('FION —Provides that the inspection . of a . !wilding by a . local- -government . HB -315 in House SB -163 in Senate or state agency does not constitute a warranty on the building. Provides that no local ti'Judiciary Committee. IMM Committee. government or state agency, or any employee thereof, shall be liable for damages for any r failure to inspect or review or approve any building or plan unless:there :was actual knowledge at the time of inspection of any defect or illegal condition•existing`within the building. nU VING UNDER THE INFLUENCE Provides substantially increased' penalties' -• for dr iving ` FIB -174. in House SB -244 in Senate under the influence. Mandatory 10 days in county jail is required for first offense; '=' Criminal Justice.:.-*. Judiciary -Criminal. mandatory six months in county jail for second offense, & mandatory one'year in county jail for third offense. Impact on county government of the mandatory 10 day provision for first offense is $13.4 million per year. This figure does not include capital -facilities costs- for the mandatory 10 day provision,. nor does it include operational or.:capital costs for the second & third offense penalties. wrrLE BILL — Establishes a deposit & refund system designed"to ensure .recycling 'of •`HB -190 in House" n C3/S&-92 in Senate beverage containers. Anticipated avoided costs .for' county governments. roadside & Natural Resources. Natural Resources. litter cleanup is approximately $4 million per .'year..'. Counties with resource recovery -facilities that collect & sell glass. &'metal -will .realize reductions - in;:the revenue `. received from the sale of these materials. , .Senate bill amended:.to create one-year -study committee ally. SP`HCIAL RISK RErIIUMV — Significantly expands the classes of employees that are HB -453 in House SB -566 in Senate eligible- to receive special risk retirement benefits. Provides that -all administrative Retirement, Personnel Retirement, Personnel support personnel of police officers, firefighters, & correctional officers may be members and Collective `¢ and Collective of the special risk class within the Florida Retirement;System. Bargaining. Bargaining. AM7CLE V ORAD — Imposes additional, mandatory fines for felonies, misdemeanors, & HB 1023 in House SB 591 in Senate criminal traffic offenses. Revenue from the increased fines is utilized to fund overhead Judiciary.: Judiciary -Civil. is- 'costs, such as those costs for office space, automobiles, telephone service,,etc., for state attorneys & public defenders. Revenue remaining is distributed to the -Medical 1 1 1 House Senate Examiners Commission for use in funding the medical examiners program. Any revenue vzv remaining may be used by county 'governments that have a comprehensive victim-witness compensation program. Estimated.revenue produced: $40 million annually. , 911 Permits county governments to levy by ordinance a fee of up to 509 per month HB-457 in House SB 668 in Senate co to fund the emergency "911" telephone system. Requires a successful county referenda Community Affairs. ECX'A Committee. before said ordinance may become effective. .' CD NANDATEs — Proposes a constitutional amendment for the November,, .1986,, general election HJR-436 in House SJR--256 in Senate m which requires that any law that would cause cities or counties to expend revenues or Judiciary. Appropriations. would result in a decrease in revenues for cities & counties, must first provide an appropriation by the state legislature to offset the Impact on local government...: CHANGE IN VENUE — Provides that the state ..'shall pay the costs incurred by a public HB-443 in House SB 622 in Senate defender when the presiding judge directs the defender, to continue representation of the Criminal Justice. Judiciary-Civil. indigent person, but moves the-trial to another circuit.-,..; TOWING — Specifically authorizes municipalities & counties to adopt ordinances regulating HB-17 on House SB-52 in Senate the business of towing & removal of vehicles from private property. Provides that Calendar. Commerce Committee. municipalities & counties may adopt.-ordinances regarding the ,rates charged by towing companies. &]DGEr LiMrM — Proposes a constitutional amendment establishing limits on growth in HB-888 in House SB-25 in Finance and operating budges to a percentage increase equal to no greater than the growth of personal Judiciary Committee. Tax Committee. income. The limit can be exceeded by. an amount of 5% upon approval of 3/5ths of the governing body in a referenda. _ BUDGET LIMITS — A constitutional amendment establishing budget limits related to per HB-152 in House SB-721 in Senate capita expenditures growth. The budget is limited to the annual inflation rate based upon,--, Judiciary Committee. Finance and Tax per capita income. The cap can be exceeded with a vote of 3/5ths in the Legislature or Committee. 4/5t!h in local government or a referenda. WKMTEAD EKEWMON — The bill establishes a constitutional amendment regarding homestead `' HB-475 in mouse Finance ,SB-147 in Senate Finance exemption. The tax exemption shall be an amount equal to 1/2 of the assessed value of the and Tax Committee. and Tax Committee. authorizes a rant r ram to relieve. or 25 000 whichever is less. The bill a g og property $ P - - - homeowners & renters from excessive taxation. LO B�itFAD �TIoN — This homestead exemption bill proposes a constitutional amendment HB-S in House Finance SB-201 in Senate Finance in which the exemption does not apply to the first $10,000 of value unless the owner is 65 :,L:...-;and.Tax Committee. and Tax Committee. i�- or over. ,. . ®C SANS TAX FOR JAILS — This bill provides for the extension of the'19 sales tax for 1 year 'HB-488'in House Finance :''" SB'816 in Senate Finance ®- for the purposes of jails, corrections, & courts expenditures. The bill. prohibits ' and Tax_Cammittee.. and Tax Committee. counties which currently have the program enforced from reenacting the"tax. 1 1 1 1 1 tic EbUse senate SMEs TAX — The bill provides for a 10 sales tax ford year. The proceed§ of which will AB -249 in House Finance- SB -649 in Senate Finance be used for the construction & maintenance of roads & bridges. The bill, like the 7 and Tax Committee. and Tax Committee. existing sales tax bill for correction facilities, has a required referenda _& the tax applies only to the first $1,000 value. MMICAID — The bill provides that HRS shall include in its medicaidprogram in-patient* HB -167 w . ithdrawn. SB -152 in Senate HRS psychiatric services provided by licensed psychiatric hospitals. The .cost would be for'-7 or _" Cc mi.ttee. patients who are under 21 or over 65. bill: HB 287 in Mouse - , for that ' dealing with FAMUZ CM CARE — The bill provides for the licensing of family day care homes where 4HR-265 in House SB -145 in Senate children are cared for in a family residence. The bill states that HRS may assess each ..;:.=` HRS Committee.. .HRS Committee. local licensing agency a fee to offset costs incurred by the Department in administration government. Greatly strengthen -the Coastal ZoneS.Element.of of the program. ,;• i. IMICAID WAIVER — The bill authorizes HRS to contract with licensed' hospitals for It- 402'in House HIZS SB -676 in Senate HRS medicaid in-patient & out-patient services through a process of competitive bidding or Committee. Committee. negotiations or both. The bill provides that 100% of medicaid services shall be provided by such contracts by 1989. • There is a provision which states that this legislation would not apply to counties having only one hospital. M_: amu rifemmuNT — With the senate & House Natural Resources ccamittees are considering House legislation Senate legislation several similar versions of growth management bills that. include the following proposals: consolidated. into one 7. in draft form, except bill: HB 287 in Mouse - , for that ' dealing with 1. COASTAL DEVE[OPi+Wr — Set minimum 'standards for building a . Natural Resources codes that apply to: Coastal Development all construction within a coastal: construction building zone established 'by .local, Committee.'. (CS/SB 122). CS/SB-122 government. Greatly strengthen -the Coastal ZoneS.Element.of the Comprehensive Plan in Senate RCCA i. ; with the addition of numerous mandatory criteria such as mapping, natural resource. protection, & hurricane evacuation.`---. For the first, time,. the.: state, would offer funding to achieve these requirements. Affected counties would be required to revise coastal elements to comply .with the new .criteria approximately one year after the state adopts criteria. •. The state would review & may appeal if it .determines that a revised coastal element does not. comply with the new criteria. The state also reviews local government land. development regulations: Prohibit construction of buildings within a coastal. 30 -year erosion zone;': except for single-family haemes. Requires -local governments to: inventory & map all undeveloped coastal barriers. Prohibit expenditure of public funds for' constructing-. public' facilities on undeveloped coastal barriers;- or 'for expandingort,.increasing the capacity,, of public facilities. ys r G G 2. THE IDM S PLAMM ACT Repeal the pre -1975 planning law+& strengthen state review of local Plans."'.Allow plan amendments once a year & delete the procedure for a plan anent which involves less than 5 percent of the land. area. The Capital Improvements Element'of the Comprehensive Plan would -be greatly strengthened. . Local governments would be required to amend land development regulations to be consistent with their local plans & until amendments -are complete, the plan would control land use .decisions. Local governments would be required to allow group homes in one or more residential zoning classifications for handicapped or elderly persons. The Department of Community Affairs, any local government or any.; "aggrieved or adversely affected:citizen° would be- allowed to initiate a lawsuit,`'- after notice to the local government; to compel the local government to adopt:,, a.plan�.; & land development regulations,`to prevent a local government from taking any action.,- that is not consistent with :the plan, or to enjoin ,any .Person from �violating ;an ordinance which implements. theplan." _ L 3. 1 E MOMENTS OF rMUMAL IMAM* The DRI law would _ be substantially amended. The areas of greatest controversy are amendments' to the - guidelines & standards proposals to allow standing for any "substantially affected" person to appeal a DRI. development order, upon approval .of the Cabinet.The present guidelines for,. airports, attractions & recreation facilities, industrial plants & industrial parks,.::: pant facilities, shopping centers, would be modified. The office.' development threshold would ncrease to 600,000 square feet in counties with a population in excess of 500,0 0. New thresholds would be added for hotel & motel development,.' recreational parks & multi -use development. The Act provides standards for preliminary development agreements that allow a small portion of a` development to begin before DRI review. The areawide DRI provision would be amended to. make it easier for local governments to act as developers for areawide: DRI's.•- Vocal - government exactions' from developments of regional impact would be subject to the . same criteria that govern impact fees & local governments would be required to give the DRI developer a credit against impact fees for any exaction charged for the same-.-: purpose. A development order issued by the local government must.oantain an ` expiration date & must protect the developer against any downzoning or reduction of intensity for a period of time to be determined by the local government..' With regard to appeals, the bill provides that if a local government. hearing. meets certain.: standards of due process, the appeal will be heard on the record...:.. A , House `tf Senate LM Ln 1-1 1 Commissioner Wodtke noted that of the 26 items which are proposed, he believed twenty of them could have an extreme effect on this county, i.e., County Commissioner Districts would amend Chapter 124 to delete the districting option of five single member districts and two at-Iarge;.Landfill Construction would allow assessment of a parcel which receives a direct benefit; Tourist Tax would be allowed to be used to finance beach restoration, etc. He did not know if we need direction on this, but knew that some counties have people in Tallahassee repre- senting their views. Commissioner Wodtke did not believe he had ever seen something like this with so many items that could have an effect of consequence on county operations. Vice Chairman Scurlock felt possibly we should have the County Attorney review all these proposals and then decide whether we want to pursue this. He believed that we might be able to accomplish something through the State Association of County Commissioners, but did not feel one county would have much effect by itself. Commissioner Wodtke emphasized that he would like to have some input on these prior to approval rather than after the fact, and he did not feel he can take a position for the Commission as a whole without some direction. Considerable discussion ensued, and Commissioner Bowman noted that these issues are very complex and it actually is necessary to read the Bill itself. She further noted that where it says "no companion bill," it probably doesn't have any chance of getting out of committee. Vice Chairman Scurlock felt that Commissioner Wodtke's position is that we should indicate what we want to have a companion bill. He suggested rescheduling this for the next Commission meeting. Administrator Wright noted that these reports are received weekly and suggested just scheduling this as a committee item so that it can be discussed each week if desired. 56 APR 17 1185 BOOK 60 F,.cr 650 APR 17 1985 AGRICULTURAL AGENT BOOK 0 PAGE 651 Administrator Wright informed the Board that while the University of Florida selects the Agricultural Agent, the County Commission has to ratify that request. The law requires that out of three applicants, they send one, and it happens that person will be in town next week and should be interviewed. Commissioner Wodtke believed the citrus'•people were concerned, and he felt we should coordi.nate with the Citrus League in this regard. The Administrator believed this applicant is citrus oriented. DOCUMENTS TO BE MADE A PART OF THE RECORD A. Contract re Kiwanis-Hobart Baseball Field Contract with Structural Contractors, Ltd. for the lighting system at Kiwanis Hobart baseball field, as approved at the Regular Meeting of February 20, 1985, having been fully executed and received, has been placed on file in the Office of the Clerk. B. Proclamation - Beta Sigma Phi Week The following Proclamation designating the week of April 21-27, 1985, to be observed as Beta Sigma Phi Week is hereby made a part of the Minutes. 57 P R O C L A M A T I O N WHEREAS, BETA SIGMA PHI is an international sisterhood of more than 250,000 women who are integral parts of the civic and charitable activities of the _communities in which they reside; and WHEREAS,. the 12,500 chapters of BETA SIGMA PHI located in 35 countries around the world unite women in the warm bonds of friendship, cultural development and charitable endeavors; and • WHEREAS, these outstanding women merit recognition and commendation for their considerable good work on behalf of Indian River County citizens; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, Indian River County, Florida, that the week of April 21-27, 1985 be observed as BETA SIGMA PHI WEEK and urge all citizens to join with the Board in recognizing the many contributions these dedicated and humanitarian women make on behalf of Indian River County. 3 ATTEST: Freda Wright, Clgirk 58 COUNTY COMMISSIONERS VER COUNTY, FLORIDA ck'B Lyons,, �i man APR 17 1985 q BOOK 0 APR 17 1985 BooK 60 pnF. 653 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:10 o'clock A.M. ATTEST: _ , Clerk 59