HomeMy WebLinkAbout6/5/1985=•
Wednesday, June 5, 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,
June 5, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Margaret C.
Bowman; and William C. Wodtke, Jr. Richard N. Bird was
temporarily delayed. 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 Chairman called the meeting to order, and Commissioner
Wodtke led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
OMB Director Barton requested the addition to today's agenda
of an extension to the contract for the jail facility to include
the minimum security study and also the addition of an item re
authorization of three accounts that are necessary for the bond
closing on the SR 60 sewer line.
Commissioner Scurlock informed the Board that he would
report on the Transportation Planning Committee meeting.
Commissioner Wodtke asked if there was any objection to
deferring Item 14. C. - Resolution requesting the State of
Florida to reestablish the Coastal Construction Control Line in
Indian River County - to next week's meeting. He wished to be
sure we understand the action being taken and noted that although
they do have some response from the DNR, he believed it is
s difficult to understand.
Chairman Lyons stated that he personally would like to see
the action taken, but, out of fairness, if those who oppose this
would like to have an opportunity to be heard, he would have no
objection to having it removed to the next meeting.
�A
�... BOOK
� JUN 5 1985- - J
`JUN
5 1995
BOOK 61 PAGE 3'
Commissioner Bowman felt the quicker action is taken, the
better.
Commissioner Scurlock stated that although he personally was
ready to vote for this today, he would not object to it being
removed as he believed some want to state their side.
It was generally agreed to remove item 14C and reschedule it
for the next Regular Meeting.
Chairman Lyons informed the Board that he would report on
his meeting with the judges re a County Probation Officer.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) added and deleted items
as described above.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of May 1, 1985.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) approved the Minutes of
the Regular Meeting of May 1, 1985, as written.
CLERK TO THE BOARD
A. Duplicate Tax Sale Certificate
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) approved issuance
of Duplicate Tax Sale Certificate No. 1076 to Joseph
DiPierro in the amount of $23.90 and authorized the
signature of the Chairman.
2
B. Approval Renewal Firearms Permits
The Board reviewed memo of the Administrator, as follows:
TO: The Honorable Members of DAT May 17, 1985 FILE:
the Board of County Commissioneg.
SUBJECT: PISTOL PERMIT - RENEWALS
FROM: Michael Wright - REFERENCES:
County Administrator
The following individuals have applied to the Clerk's Office
for pistol permit renewals:
James Anthony Malatino
J. Hunter Smith, M.D.
Karen S. DuPuis ("Peach")
Arthur C. Myers
Pasquale A. Bottino
Isaiah D. Fleischman
Gerald L. Steele
Fred W. Morgan
Arthur A. Perruzzi
Gary Harmon Eaton
All of the requirements of the ordinance have been met and are
in order.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) approved issuance of
renewal permits to carry a concealed firearm for
those listed above.
CONSENT AGENDA
Commissioner Scurlock requested that Item B be removed from
the Consent Agenda.
A. Out -of -County Travel - AWWA Annual Conference
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
3
JUN 5 1985 Bou 61 m.�k 44
JUN
BOOK '�
the Board unanimously (4-0) approved out -of -County
travel for Commissioner Scurlock and staff to attend
the AWWA Annual Conference and Exposition to be held
in Washington, D.C., June 23-27.
C. Bid -_Surplus Property __Automotive and Tractor Parts
The Board reviewed memo of the Purchasing Manager:
TO: Board of County Commissioners
THRU: Michael Wright
County Administrator
DATE: May 28, 1985 FILE:
SUBJE 'T: Surplus Property - Automotive
and Tractor Parts
FROM: 6a"t'��,A-'LREFERENCES:
Carolyn G drich, Manager
Purchasin Department
r
1. Description and Conditions
Bids were received May 20, 1985 at 11:00 A.M. for the sale of surplus
automotive and tractor parts.
Notice of the sale was advertised in the Vero Beach Press Journal on
April 22, 23, 24, 25, 26, 1985.
1 Bid was received.
2. Alternatives and Analysis
An attempt was made in April 1983 to sell these surplus parts. At that
time no bids were received.
One bid was received at the bid opening of May 20, 1985 from H. A. Paramore
Surplus Co., Mt. Pleasant, Fl. Total bid amount is $2250.00.
3. Recommendation
It is recommended that the bid from H. A. Paramore Surplus Co. be accepted.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) awarded the bid for surplus
automotive and tractor parts to H. A. Paramore Surplus
Co., Mt. Pleasant, FI., in the amount of $2250 as recom-
mended by staff.
Lel
D. Release of Easement - Oslo _Park _(Jenkins)
The Board reviewed memo of Code Enforcement Officer Hunt, as
fnlInwc.
TO: The Honorable Members DATE: May 16, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT
REQUESTED BY WILLIE BOB
SUBJECT: AND CASSANDRA A. JENKINS
_ LOTS 18 & 19, BLOCK G
Robert M. Kea -tint, AdZP OSLO PARK SUBDIVISION
Planning & Development Director
FROM: Joyce M. Hunt REFERENCES: DIS • REMSins
Code Enforcement Officer
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on June 5, 1985.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Willie Bob and Cassandra A.
Jenkins,'owners of the subject property, for release of the 2.5
foot side lot easements, being the north 2.5 feet of Lot 19 and
south 2.5 feet of Lot 18, Block G, Oslo Park. Lots 18 and 19,
Block G, Oslo Park Subdivision are found in Plat Book 3, Page
96, Public Records of Indian River County, Florida. These lots
are 50 feet in width and 100 feet in depth. It is the Jenkins'
intention to construct a single family residence on these
combined lots.
The current zoning_ classification is RS -6, Single Family
Residential. The land use designation is LD -2, Low Density
Residential, up to six units per acre.
ALTERNATIVES AND ANALYSIS:
This request has been reviewed by Southern Bell, Florida Power
& Light Company, Florida Cablevision, the County Utility
Department and the County Right -of -Way Department. None of
these agencies had objections to the release of these ease-
ments. The zoning staff analysis, which included a site visit,
showed the drainage would be adequately handled by the existing
front and rear swales.
It is the zoning staff's opinion that to release the side lot 5
foot utility and drainage easement would have no adverse
effect.
RECOMMENDATION:
Staff recommends that the Board, through adoption of a resolu-
tion, release the side lot 5 foot utility and drainage
easement, being the south 2.5 feet of Lot 18 and the north 2.5
feet of Lot 19, Block G, Oslo Park Subdivision, Plat Book 3,
Page 96 of the Public Records of Indian River County.
5
JUN 5 1985
r JUN 5 1985
BOOK
ON MOTION by Commissioner Scurlock, SECONDED by
1 mtn 47
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) adopted Resolution 85-53
releasing the side lot 5' easement of Lots 18 and 19,
Block G, Oslo Park Subdivision, as requested by Willie
Bob and Cassandra A. Jenkins .
RESOLUTION NO. 85-53
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the side
lot 5 foot easement of Lot 18 and Lot 19, Block G, Oslo Park
Subdivision, being the southerly 2.5 feet of Lot 18 and northerly
2.5 feet of Lot 19, according to the Plat thereof as recorded in
Official Record Book 3, Page 96 of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on the
Oslo Park Subdivision for public utility purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Pine Lake Estates Subdivision, Unit #1
shall be released, abandoned and vacated as follows:
The side lot 5 foot easement of Lots 18 and 19, Block
G, Oslo Park Subdivision, being the southerly 2.5 feet
of Lot 18 and northerly 2.5 feet of Lot 19, according
to the Plat thereof as recorded in Official Record Book
3, Page 96, of the.Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 5th day of _un , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN R COUNTY,
FLORIDA
— BY:
P(ftrick B. Lyo ,
6 Chairman
E. Release of Easement - Oslo Park (Summerall)
The Board reviewed staff memo, as follows:
TO: The Honorable Members DATE: May 23, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENTS
REQUESTED BY BELINDA K.
SUBJECT: SUMMERALL LOTS 8 & 9,
BLOCK C, OSLO PARK
Robert M. eat ng ' ICP SUBDIVISION, UNIT #2
Planning & Development Director
FROM: Joyce M. Hunt REFERENCES: Summerall
Code Enforcement Officer DIS:REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 5, 1985.
DESCRIPTION & CONDITIONS:
The County has been petitioned by Belinda K. Summerall owner of
subject property, for release of the side lot 5 foot easement
of Lots 8 and 9, Block C, Oslo Park Subdivision, Unit 2 being
the southerly 2.5 feet of Lot 8 and northerly 2.5 feet of Lot
9, according to the Plat thereof as recorded in Official Record
Book 4, Page 13, of Indian River County, Florida. Lots 8 and
9, Block C, Oslo Park Subdivision, Unit #2 are found in Plat
Book 4, Page 13 :of the Public Records of Indian River County.
These lots are 50 feet in width and 100 feet in depth. It is
Ms. Summerall's intention to construct a single family
residence on these combined lots.
The current zoning classification is RS -6, Single Family
Residential. The land use designation is LD -2, Low Density
Residential, up to six units per acre.
ALTERNATIVES & ANALYSIS:
This request has been reviewed by Southern Bell, Florida Power
& Light Company, Florida Cablevision, the County Utility
Department and the County Right-of-way Department. None of
these agencies had objections to the release of these
easements. The zoning staff analysis, which included a site
visit, showed the drainage would be adequately handled by the
existing front and rear swales.
It is the zoning staff's opinion that to release the.side lot 5
foot utility and drainage easements, being the southerly 2.5
feet of Lot 8 and northerly 2.5 feet of Lot 9, Block C, Oslo
Park Subdivision, Unit #2, would have no adverse effect.
RECOMMENDATION:
Staff recommends to the Board, through
resolution, the release of the side lot 5
drainage easement being the southerly 2.5 i
northerly 2.5 feet of Lot 9, Block C, Oslo
Unit #2, Plat Book 4, Page 13 of the Public
River County.
7
JUN 51985
adoption of a
foot utility and
eet of Lot 8 and
Park Subdivision,
Records of Indian
JUN 51985 BOOK 61 49
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) adopted Resolution 85-54
releasing the side lot 5' easements of Lots 8 and 9,
Block C, Oslo Park Subdivision, Unit 2, as requested
by Belinda Summerall and authorized the signature of
the Chairman.
RESOLUTION NO. R5-54
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the side
lot 5 foot easement of Lots 8 & 9, Block C, Oslo Park
Subdivision, 'Unit 2, being the north and south 5 feet of Lots 8 &
9, according to the Plat thereof as recorded in Official Record
Book 4, Page 13 of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on the
Oslo Park Subdivision, Unit 2 for public utility purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Oslo Park Subdivision, Unit #2 shall be
released, abandoned and vacated as follows:
j The side lot 5 foot easement of Lots 8 and 9, Block C,
Oslo Park Subdivision, Unit 2 being the southerly 2.5
feet of Lot 8 and northerly 2.5 feet of Lot 9,
according to the Plat thereof as recorded in Official
Record Book 4, Page 13, of Indian River County,
Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
..they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 5th day of
BOARD OF CO
OF INDIAN
FLORID
BY: W'Aoue
8 trick
Chairman
June , 1985.
COMMISSIONERS
COUNTY,-
. Lyone ,
F. Authorization of Additional Services - Kimley-Horn (South
Indian River Blvd.)
The Board reviewed memo of the Public Works Director:
TO: DATE: FILE:
The Honorable Members May 22, 1985
of the Board of County Commissioners
THROUGH:
Michael Wright
County Administrator SUBJECT: Authorization of Additional
Services - Engineering Agree-
ment for the Southerly
Extension of Indian River
Boulevard - Kimley-Horn and
Associates, Inc.
FROM: James W. Davis, P.E. REFERENCES: Fred v. Beeson, Jr.,
Public Works Director Kimley-Horn Assoc., to
Jim Davis dated 5-10-85
DESCRIPTION AMID CONDITIONS
The Engineering Consultants performing the design of the Southerly
Extension of Indian River Boulevard are requesting ccaVensation for
additional service due to a Coast Guard requirement to provide an
Environmental Impact Assessment for the project. The amount of additional
compensation is not to exceed $4,500.
ALTERNATIVES AND ANALYSIS
At the time that the County and Consulting Engineers entered into the
original agreement for Engineering services, the scope of work anticipated
that the Bridge construction would receive an "Advanced Approval" status,
since only very small boats can use the channel due to shallow depth. The
Coast Guard has stated that this project does not fall within the "Advanced
Approval" category.
RECOMLMIDATION AND FUNDING
It is recommended that the Board of County Commissioners approved
compensation not to exceed $4,500 for additional engineering services
(preparation of an environmental impact statement) as a part of the -Indian
River Boulevard Southerly Extension project.
Finding to be from the 5th and 6th Cent Gas Tax revenue, fund 304.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) approved compensation to
Kimley-Horn Associates for additional engineering
services (Indian River Blvd. Southerly Extension) in
an amount not to exceed $4,500, as recommended by staff.
9
JUN 5 1985 BOOKU °,�E 50
r
JUN
5 1985 BOOK 61 F,.� F 51
G. Release Assessment Lien- Kingswood West
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) approved Release of Assess-
ment Lien in the amount of $970.45 for Kingswood West,
Lot 24, for one ERU SR 60 Water and authorized the
signature of the Chairman.
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $970.45
RECEIVED from KINGSWOOD WEST, INC. 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:
Lot 24 of KINGSWOOD ESTATES, according
to the plat thereof as recorded in Plat
Book 11, Page 86 of the public records
of Indian River County, Florida.
Executed by the Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this Sth day
of June 1985.
,Piti�e,�s�ted .and countersigned
Freda Wright, glerk
10
. r
BOARD OFAOUNTY COMMISSIONERS
INDIAN
4ER COUNTY, FLORIDA
L -IM
Patrick B. L&As,
Chairman yr /
H. Fourth Quarterly Payment_- Sec. 8, Existing Housing Rental
Assistance Program
The Board reviewed the following memo from the Executive
Director of the Housing Authority:
TO: Board of County Commissioners DATE: 5/16/85 FILE:
�v���9(1� JECT: Requisition for Fourth Quarterly
THRU: Michael Wright ,� q Q ly
County Administr` it N n 2 c. v Supplemental Payment FY 85 of Annual
' r 9 2A A Contributions Contract - Section 8
Existing Housing Rental Assistance
Program
FROM. Edward J. ga REFERENCES: _
Executive Dire or
IRC Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
In order to requisition funds from the U.S.-Department of Housing
and Urban Development to cover the fourth quarter for the additional
24 units we recently received approval for, we are required to submit
four (4) executed copies of HUD Form 52663 requesting the supplemental
amount of $14,246.00. This is consistent with our Annual Contributions
Contract entered into on December 30, 1978 and as amended August 3, 1982
and May 1, 1985.
I respectfully request the Board�of County Commissioners authorize
the Chairman to execute the four copies.of HUD Form 52663 for the Fourth
Quarterly payment.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) authorized the Chairman
to execute HUD Form 52663 for the Fourth Quarterly
Payment to the Sec. 8, Existing Housing Rental
Assistance Program, as described above.
i1
JUN 5 1995 BOOK 61 1"Wi
F. 52
L
r -1 -
.'JUN 51995
hUO-52663
sooK 6'1 i'1,;F 53 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HUD USE ONLY
•
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number
SECTION 23 ❑ SECTION 8
Date of Requisition MaV 16, l c)R Fiscal Year Ending Date 9/30/85 For auarter Ending 9/30/85
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (including .'Lip Code)
ACC Contract Number A-3409
Indian River County Board of County Commissioners
1840 25th St., Suite S-319, Vero Beach Fla. 32960-3394
Project Number FL29-E132-003
No. of Months In Fiscal Year 12
Type of Project:
® EXISTING NEW REHAB.
DEPOSITARY BANK (Nar.te, Address and Account Number)
Southeast Bank, N.A. Vero Beach, Banking Center
Box 40, Vero Beach, Fla. 32960 A/C #107-453490
a. Number of Units Under Lease to Eligible Families as of Date of Requisition 0
b. Estimated Number of Units to be under Lease at End of Requested Quarter 18
c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 189
DESCRIPTION
(1)
ESTIMATE OF
REQUIRED
ANNUAL
CONTRIBUTIONS
(2)
TOTAL COST
INCURRED
TO DATE
(3)
AESTI MATED DDITIONAL
COST TO END
OF REQUESTED
QUARTER
(4)
CUMULATIVE
TOTAL
FUNDS
REQUIRED
(5)
PRELIMINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010)
2. Preliminary Administrative Expense—After ACC (Account 4012) 1
3. Total Preliminary Administrative Expense (Lines 1 & 2)
0
0
0
2,351
0
2.351
2,351
0
2 3
NONEXPENDABLE EOUIPMENT
4. Replacement of Nonexpendable Equipment (Account 7520)
5. Property Betterments and Additions (Account 7540)
6. Total Nonexpendable Equipment (Lines 4 & 5)
M
0
0
0
0
0
0
0
0
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
553,986
241,730
153,846
395,576
ADMINISTRATIVE FEE
S. Total Administrative Fee Approved for Fiscal Year
73,289
-
6,107
9. Monthly Rate of Administrative Fee (Line 8 divided by number of months
In fiscal year)
10. Amount Previously Requisitioned for fiscal year
11. Estimated Additional Amount Required to end of Requested Quarter
67,298
1,689
12. Total Administrative Fee (Lines 10 & 11)
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only)
0
0
13. Total Independent Public Accountant Audit Costs
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Allowance Approved for Security and Utility Deposits
0
0
15. Amount Previously Requisitioned for Fiscal Year
16. Estimated Additional Amount Requirod to End of Requested Quarter
17. Total Security and Utility Deposits (Lines 15 & 16)
AMOUNT OF THIS REaUISITION
18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12,
13 & 17)
19. Total Partial Payments Received for Fiscal Year to Date
466,914
452,668
20. Partial Payment Requested (Line 18 minus Line. 19)
IST
INSTALLMENT
2ND
INSTALLMENT
3RD
INSTALLMENT
TOTAL
METHOD OF PAYMENT
21. Requested Installment Payments
4,749
1 14 2
I CERTIFY that housing assistance payments have bean cr will be made only with respect to units which: (1) are under lease by Families at the time such
housing assistance payments are made except as otherwise provided in the Housing Assistance Payments Contracts and (2) the Housing Agency has within
one year prior to the making of such housing assistance payments, adequately inspaeted or caused to be inspected (including inspection of grounds, facilities. ;
and areas for the benefit and use of the Families) to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
visions of the above numbered Contract have been complied with by the Housing Agency; and that this requisition for annual contributions has been exam -
fined by me and to the best of my knowledge and belief it is true, correct and complete.
N COMMISSIONFRS
6-5-85 (N o c Housi g Agency)
(Date) 8. T O gn1 Pure e o Official Authorize o e i y
HUD FIELD OFFICE APPROVAL
(Signature and Title of Official Authorized to Approve) (Date)
REGIONAL ACCOUNTING DIVISION
PrBvalidated by:
PAYMENT
FOR
MONTH OF
AMOUNT
PAID
GATE
CERTIFIED FOR
PAYMENT
CERTIFIED
BY
(Initials)
(Signature)
(Date)
TO
I. Administered Farmworker's Assistance Trust Fund Grant (D.C.A.)
The Board reviewed memo from Director Regan, as follows:
TO: The Honorable Members of the DATE: May 22, 1985 FILE:
Board of County Commissioners
Through: Michael Wright
County Administrator
SUBJECT: D.C.A. - Administered
Farmworker's Assistance
Trust Fund Grant
FROM: E&ard J. an REFERENCES:
Executive Di ctor
IRC Housing Authority
It is recommended that the data herein presented be given formal consideration by
the County Commissioners.
DESCRIPTION AND CONDITIONS:
Florida's Department of Community Affairs has informed us that administrative grant
monies are available through the Farnmrker's Assistance Trust Fund (F.A.T.F.) to assist
local governments in their rehabilitation efforts as they relate to farmworker housing.
Through the Florida Farmworker Housing Assistance Act, the legislature recognized the
existence of a serious shortage of decent, safe and sanitary housing for farmworkers in
Florida and provided for a Farmraorker Housing Assistance Trust Fund to be used to pro-
vide financial and technical assistance to public bodies and non-profit corporations
that will sponsor farnmrker housing. The purpose of the Trust Fund then is primarily
to provide monies to enable sponsors to supplement and/or attract other funding for the
development of farmworker housing in areas of the state where the need clearly exists.
The Indian River County Housing Authority will utilize this administrative grant
to offset administrative costs incurred in the housing rehabilitation program that will
bring thirty-five (35) substandard owner -occupied and rental units to the required
standards. The amount requested is $25,778 for the program year.
ALTERNATIVES AND ANALYSIS:
This is the first year Indian River County has been informed of this opportunity
to apply for this type of grant, which will assist us in our rehabilitation effort.
RECOMTMATIONS:
We respectfully request the County Commission to authorize its Chairman to execute
the application for submission along with the accompanying resolution to Florida's
Department of Community Affairs Bureau of Housing Section.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) adopted Resolution 85-55
authorizing the Chairman to execute the application
to the Department of Community Affairs for a Farm-
workers Assistance Trust Fund Grant.
13
BOOK A F''CE 54
JUN 5 1985
JUN 5 1985'
BOOKFh'E 55
RESOLUTION NO. 85-55
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION
FOR A FARMWORKER HOUSING ASSISTANCE TRUST FUND
GRANT ADMINISTERED BY FLORIDA'S DEPARTMENT OF
COMMUNITY AFFAIRS, RURAL HOUSING SECTION TO
ALLEVIATE A SERIOUS SHORTAGE OF DECENT, SAFE AND
SANITARY HOUSING FOR FARMWORKERS IN FLORIDA AND
TO PROVIDE FINANCIAL AND TECHNICAL ASSISTENCE TO
PUBLIC BODIES TOWARD THIS GOAL.
WHEREAS, the Board of County Commissioners of Indian
River County has reviewed this proposal and has recieved the
recommendation from the Executive Director of the Indian
River County Housing Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Chairman and the Clerk of the Board of County Commissioners
are authorized to execute the attached application.to the
State of Florida's Department of Community Affairs for a
Farmworkers Assistance Trust Fund Grant.
The foregoing resolution was offered by Commissioner Scurlock
who moved its adoption. The motion was seconded by commissioner
Wodtke and, upon being up to a vote, the vote was as
follows:
Chairman Patrick B. Lyons Aye
Vice Chairman Don C. Scurlock,.Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr.. Aye
Commissioner Richard N. Bird Absent
The Chairman thereupon declared the resolution duly passed
and adopted this 5th day of June 1985.
BOARD OF COUNTY COMMISSIONERS
INDIAN COUNTY, FLORIDA
Patrick B. Lyons
Chairman ,
ATTESTED:
Freda Wright
Clerk
Approved s o form
a4Legvl ff'BY
Brandenbu gttornev
Il
Farmworker Housing Assistance Act
APPLICATION FOR GRANT ASSISTANCE
Facesheet/Certification
Submission Date:
Type Sponsor (check one): x Nonprofit organization Local public body
y
Sponsor: Authorized Representative of Sponsar:_
Name I Name Indian River Co= Housing Alii-hnri t -z
Address 1840 25th Street Address 1840 25th Street
City Vero Beach City Vern Reach
County Indian River County Inr3ian River
Phone ( 305 ) 567-8000 Phone ( 305) 567-8nnn m?xi- -ig7
TYPE APPLICATION BY PROGRAM CATEGORY (check at least one category and
indicate the amount requested)-
() Preapp loan and grant
Paging
() Final app loan and grant
packaging
() Earnest money
(x) Rehabilitation
Administrative Fees
TOTAL Amount of Grant Request
() Self-help housing $
$ \ ( ) Counseling component $
() Initial operating expenses $
$ ( ) Management c=ponent $
$ ( ) Site Acquisition $
$25,,77A
$29077R
Other funds requested from federal, state, local or private sources for purposes of
site acquisition, construction, renovation, maintenance and support of the Fanruorker
Housing Center.
N/A
Name of Funding Acrency Address Amount Purpose of Fundincr
1.
2.
3.
The grant application is composed of a 1) facesheet/certification,
2) checklist and 3) a series of attachments. The application should be
compiled in the order identified on the checklist and, where applicable,
the 14LP printed forms should be utilized. Any item not included in the
application should be discussed in a narrative explaining the reason for
the omission. The narrative should be inserted in the position designated
for the omitted item.
Approve s ; form
and le al Cy
Gar, 44
1. Bran renbu
Dated
JUN 51985
The applicant certifies that the
infmation in this application is
t e, correct and authentic.
$ic�nat> reB.ot A tho zed fficial
a ri.c S. airman
Rnnrd of (minty Cnmmiccinnerc
The Anplication for Grant Assistance (Grant Arnlicant
Checklist) is on file in the Clerk's Office.
15
Boor. PAGE 56
r JUN 51985
J._ Budget_ Amendment -_Housing Authority
BOOK 1 FmUE 57
The Board reviewed memo of the OMB Director and attachment,
as follows:
TO: Board of County Commissioners DATE: May 23, 1985 FILE:
SUBJECT: Housing Authority - Budget Transfer
C 14 ---
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
Please transfer the balance of funds from Community Development to the Housing
Authority per the attached memo from Ed Regan. The budget amendment necessary,
if approved, is as follows:
Account No. Account Name Increase Decrease
107-226-554-34.02 All Travel 1.,000
107-226-554-34.64 Main -Auto 37
107-226-554-35.41 Books & Magazines 121
107-225-569-33.49 Other Contractual Srvs. 1,158
TO: Budget office DATE: May 21, 1985 FILE:
SUBJECT: Transfer of Funds from
Community Development 225
to Housing Authority 226
FROM: giutiv
rd J. ega REFERENCES:
irector
IRC Housing Authority
As a result of our memorandum of January 8, 1985, $1,966 was
transferred from Community Development 225 to Housing Authority 226.
Please transfer the balance of $1,158 as per*your printout, as
follows:
107-226-554-34.02 All Travel $1,000
107-226-554-34.64 Maint. - Auto. Equip. 37
107-226-554-35.41 Books & Magazines 121
Please cancel our memorandum of March 5, 1985.
16
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) adopted the above Budget
Amendment.
K. State Revenue Sharing Application
ON MOTION by Commissioner Scurlock, SECONDED by
1
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) authorized the Chairman
to sign the State Revenue Sharing Application.
tNe sr
STATE OF FLORIDA
DEPARTMENT OF REVENUE
�i TALLAHASSEE, 32301
ene w.,d
RANDY MILLER
Eaecurn[ piwecrow APPLICATION FOR REVENUE SHARING 1985 — 86
(CHAPTER 218, PART II, FLORIDA STATUTES)
Please TYPE OR PRINT all entries except those requiring a signature.
PART ONE
Name of County
INDIAN RIVER COUNTY
OR
Name of Municipality
County
Telephone Number
(305) 5674000 CS.UNCOM 4241202)
(Area Code) (Number)
PATRICK B. LYONS, CHAIRMAN
Mayor or Chairman of Governing Body
Chief Fiscal Officer
JEFFREY K. BARTON
Official Marling Address
1840 25TH ST.
VERO BEACH, FL ZIP 32960
❑ Check here if the address above represents a change.
Federal Employer I.D. Number 59-800032K (required)
PART TWO
To be eligible to participate in Revenue Sharing beyond the minimum entitlement for any fiscal year, a unit
of local government is required to have:
1. Reported its finances for its most recently completed fiscal year to the Department of Bank-
ing and Finance, pursuant to Section 218.32, Florida Statutes.
2. Made provisions for annual post audits of its financial accounts in accordance with provis-
ions of law.
3. Levied, as shown on its most recent financial report, pursuant to Section 218.32, Florida
Statutes, ad valorem taxes, exclusive to taxes levied for debt service or other special millages
authorized by the voters, to produce the revenue equivalent to a millage rate of three (3)
mills on the dollar based on the 1973 taxable values as certified, by the appraiser, pursuant
to Section 193.122(2), Florida Statutes, or, in order to produce revenue equivalent to that
which would otherwise be produced by such a three (3) mill ad valorem tax, to have re-
ceived a remittance from the county pursuant to Section 125.01(6)(a), Florida Statutes, or
collected an occupational license tax or a utility tax, levied an ad valorem tax, or received
revenue from aly combination of these four sources.
4. Certified compliance with Section 200.065, Florida Statutes, and if applicable, with Section
200.085, Florida Statutes.
S. Certified that persons in its employ as police officers, as defined in Chapter 943, Florida
Statutes, meet the qualifications for employment as established by the Police Standards
Council, that its salary plans meet the provisions of Chapter 943, Florida Statutes, and that
no police officer is compensated for his services at an annual rate of less than six thousand
dollars (6,000.00).
(A) Police Officers, as defined in Chapter 943, Florida Statutes, employed by this
Unit meet the qualifications for employment as established by the Police Stan-
dards Council.
Yes dO
17
No ❑
BOOK D1 FF,GE 58
JUN
BOOK 61 rAGt-1
(B) The salary structure and salary plans for law enforcement officers meet the pro-
visions of Chapter 943, Florida Statutes.
Yes &
No ❑
(C) All police officers, as defined in Chapter 943, Florida Statutes, are compensated
at an annual salary rate of six thousand dollar; (6,000.00) or more.
Yes qi No ❑
If the answer to (C) above is (NO), please state as an -addendum to this appli-
cation
pplication any reason you may have for waiver of such requirement (one of which
must be that you are levying ten (10 mills of ad valorem taxes).
u w
SIGNED: DATE:s
Appropriate Law Enforcement Officer
R. T. "Tun" Dobeck.
❑ 6. If you have no police department, etc., please check the block to the left side.
7. Certified that persons in its employ as firefighters, as defined in Section 633.30(1), Florida
Statutes, meet the qualification for employment as established by the Division of State
Fire Marshal pursuant to the provisions of Sections 633.34 and 633.35, Florida Statutes,
and that the provisions of Section 633.382 are met.
(A) Does the addressed unft of government employ any fulltime firefighters which
currently possess either a B.A. or A.A. (college) degree in a fire -related subject,
provided that degree is not required for their current position?
Yes 6 No ❑
(B) If so, are these firefighters currently receiving supplemental compensation for
those degrees?
Yes No ❑ Does not Apply ❑
SIGNE b DATE:s 23—�
Appropriate Fire fficial
Forrest R. Smith
❑ 8. If you have no fire department or a strictly volunteer fire department, etc., please check
block to the left side.
PART THREE
I hereby certify that all of the foregoing information is accurate and true to the best of my knowledge. I
further certify that I will promptly report to the Department of Revenue any change in the above infor-
mation. I also realize that failure to provide timely information required, pursuant to the administration of
this Act shall, by such action, authorize the Department to utilize the best information available or, if no
such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL
OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the De-
partment as to its share, if any, pursuant to the privilege of receiving shared revenues from the Revenue
Sharing Trust Funds.
Do you believe that you have complied with ALL eligibility requirements as set forth above?
Yes 6 No ❑
If the answer to the above question is (NO), please provide as an atnt to this form the amount of
revenue necessary to meet your obligations as a result of pledges or i ents or trusts entered into which
obligated funds received from revenue shharri_n�
SIGNED: K ^� ' SIGNE -
e&is 1 Officer) (Mayor or Chairma o Governing Body)
OFR Y BARTON o PATRICK B. LYONS
DATE: _ S �a3 V 65 DATE: Jimt, Sy 1()R-;
MAIL COMPLETED ORIGINAL APPLICATION TO ADDRESS SHOWN BELOW
Department of Revenue
Bureau of Finance and Accounting
Carlton Building, Room 143
Tallahassee. Florida 32301
18
L. Change Order #8413-1 - Gifford Park Tennis Courts
The Board reviewed memo from Civil Engineer, Jeffrey Boone:
TO: DATE: FILE:
The Honorable Members May 23, 1985
of the Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator
THROUGH:
James W. Davis, P.
Public Works Direrr
FROM: Jeffrey A. Boone 9"
Civil Engineer
DESCRIPTION AND CONDITIONS
SUBJECT: Approval of Change Order
No. 8413-1 Gifford Park
Tennis Courts - Varsity
Courts, Inc.
REFERENCES:
On February 20, 1985, the County entered into a contract with Varsity
Courts, Inc. for the construction of two (2) tennis courts at Gifford Park
at a cost of $27,995. On April 25, 1985 a Notice -to -Proceed was issued,
shortly thereafter, the contractor pointed out that the courts were located
too close to the existing park road per the original plans. To alleviate
this problem , the distance between the two courts was reduced, still
maintaining the minimum separation required. A deductive Change Order in
the amount of $891.60 was drafted to decrease the amount of pavement, to
revise the proposed chain link fence line and to clarify the number and
location of gates specified. The revised contract stun as a result of the
Change Order is $27,103.40. To facilitate making these changes,.a five (5)
day extension the subject contract was agreed to by the contractor, making
the date of substantial completion July 14, 1985.
Analysis
The Public Works Division has monitored the construction since the issuance
of the Change Order and has noted the contractor performing in conformance
with the authorized changes.
RECOMMENDATIONS
Since the work is in progress, the Public Works Division recommends that the
Change Order 8413-1 be executed to reduce the total contract price from
$27,995 to $27,103.40 and to extend the date of substantial ccopletion by
five (5) days to July 14, 1985.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) approved Change Order
8413-1, reducing the total -contract price on the
Gifford Tennis Courts to $27,103,40 and extending
the date of substantial completion to July 14, 1985,
and authorized the signature of the Chairman.
19
•
BOOK 61 F,�GF 6O
r 'JUN 5 1985
CHANGE
ORDER
AIA DOCUMENT k';701
BOOK
61 rt1;E 6
Dlstttl)uhun tu:
OwNLR Ll 111? 13/';���.
ARCHITLCI 11 ��� J16
CC N 1 RACIOR CI 4,
FIELD
PROTECT:
(name, address gifford Park Tennis .Courts
TO (Contractor) :
Varsity Courts, Inc
1970-A Corporate Square
II Longwood, Florida 32750
L.�
CHANGL ORDER NUNABER.
INITIATION DALE: May 9,`
413-
5
ENGINEER PROJECT NO: 8413'
CONTRACT FOR: Gifford Park Tennis Courts
J,CONT RACUDATE: February 20,. 1985
You are directed to make the tollowing changes In this Contract:
1. The Tennis Courts shall be constructed as specified
and according to the revised drawings, having a total
dimension of 120.feet (north -south) by 108 (east -west)
and located 20± feet west of the existing basketball/tennis
courts.
2. -The chain link fence as specified, shall be installed
according to the revised drawings completely enclosing
the Tennis Courts only and not connecting to the existing
Basketball/tennis Courts fence requiring approximately
456 feet total of chain link fence and gate and including
2 additional terminal or end posts.
3. Only one gate equal to that specified shall be installed
in the fence approximately midway along the southern
fence line according to the revised drawing
Approve s 9 form
and le al seffinionru
rY 9. BrandengUd
Not valid until signed by both the Owner and Architect. torneY
Signature of the Cuntractor indicates hu agreement herewith, including any adjustment in the CAntraLt um
Uf
The original (Contract Sum) was ........................... $ 27,995.00
Net change by previously authorized Change Orders .................... . .............. $ -0-
The
0 -The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ 27, 995.00
The (Contract Sum)be (M &" (decreased) (tWXbcXlgKX
bythis Change Order......................................................... $ 891.60
The new (Contract Sum) (Ck%ojMxg(W&xpFr w) t) including this Change Order will be ... $ 27,103.40
The Contract Time will be (increased) by ( 5 ) Days.
The Date of Substantial Completion as of the date of this Change Order therefore Is Jul 14, 1985
Authorized:
James W. g•yi , P.F.• Vnrsity i7nurtg, Tnr Tiidian River Coimt7v----
ENGINEER C°lft,
"r 'ate Square: (l bs 25th Street
18.40_25th_ Street_ --
Address Ve A`%ngwood, Fl, 32750
Vero Beach, F1:32960 '
BY
00,
DA,I s -
AIA DOCUMENT G701 c I»n(,t OKLAK I',;n IU 1I10t, Ai+`
THE AMEKICAN INSMUIE Ut AKCNIIELIS, 1:3.4 r.tw Nk/KK Avt , h N . YOASMNA.,k)N. U \ _AAAA.
20
Addre
Ver; JjBach, F1. /32960
t ri----- 6151$5 —
I
6701-1978
M. Wastewater Service Agreement w/Indian River Associates
(Hospital Node)
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, Commissioner Bird being delayed,
the Board unanimously (4-0) approved a Wastewater
Service Agreement with Indian River Associates, Ltd.
for a 5,000 gpd temporary allocation of wastewater
capacity and authorized the signature of the Chairman.
21
BOOK V'j [gr �"+�
L__JUN 51985
r JUfl 5 195
BOOK 61 F't1GE
WASTEWATER SERVICE AGREEMENT
THIS AGREEMENT made this 20th.day of May ,
1985, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"County," and INDIAN RIVER ASSOCIATES, LTD., a Florida limited
partnership, hereinafter referred to as "Customer."
WITNESSETH: WHEREAS, the City of Vero Beach and
County entered into a temporary wastewater capacity transfer
agreement on the 6th day of July, 1984, transferring 100,000
gallons per day of wastewater capacity from the South County
Mainland wastewater service territory to the County's Hospital
Node; and
WHEREAS,
Customer is
constructing
an office/medical
complex on property
within the
Hospital Node
in the water and
sewer service area of
the County
and is in need
of sewer service;
and
WHEREAS, the County is not in a position, at this time,
to supply sewer service to Customer, and desires to prevent the
proliferation of private package wastewater treatment plants and
septic sewage disposal systems; and
WHEREAS, Customer and County desire that the City
service Customer with a limited amount of sewer service on a
temporary basis; and
WHEREAS, it is now the intention of the County to
formally authorize the use of a portion of the temporary
wastewater capacity, under the following terms and conditions:
The parties agree as follows;
1. It is understood between the parties that this is a
5,000 gallon -per -day temporary allocation of wastewater capacity,
and the County does not represent that the County, City or any
other facility will be available for Customer for permanent
service to the site. Consequently, the County will require
Customer to provide assurances of its ability to have installed
a private septic sewage disposal system, pursuant to applicable
laws and ordinances.
2. Customer has site planned a site where a possible
septic sewage disposal system could be located, and agrees to
have the system installed in accordance with all applicable laws
in the event the temporary allocation provided by this Agreement
through the City's wastewater treatment facilities lapses.
3.
This temporary service authorization
shall lapse
18
months after
County has notified Customer of its
intention
to
cease the temporary allocation. Upon receipt of such notice,
Customer shall immediately have a private septic sewage disposal
system installed, in accordance with all applicable laws. To
guarantee this system is installed, Customer has, concurrently
with this Agreement, provided the County with a performance bond
in the amount of $25,000.00, or such other security as approved by
the County Attorney. The condition of this surety will state that
in the event the County gives notice of lapse of the temporary
allocation and Customer has not thereafter commenced installation
of a private septic sewage disposal system, or made other
arrangements for service within eight months, then County shall
have the right to call upon the bond and have the system installed
on Customer's property in the location shown on Customer's site
plan.
4. Customer agrees and understands that the County
intends to
ultimately
construct a wastewater
facility to service
the area.
County is
unsure of the timing,
the extent or the
location of
said plant
at this time. In the
event wastewater
capacity becomes available from County resources, then Customer
agrees to disconnect its septic sewage disposal system and connect
into the County system within 60 days of receiving such notice
from County in accordance with all applicable County ordinances
and policies; and agrees to pay any applicable impact fee,
connection fees and other costs established by County.
WHEREFORE, the parties have authorized their
representatives to execute this Agreement, on the date set forth
next to their signatures.
Dated
INDIAN RIVER ASSOCIATES,
LTD., a limited partnership
B Ya-!.�
BOARD OF LINTY COMMISSIONERS
June 5, 1985 INDIAN COUNTY, FLORIDA
Dated
BY
Approved to orm lKatrick B. Ly s,
and legal I' Cy Chairman
By
11�p C y randenburg -2- BOOK 61 Pr�GF. 64
JVIS 5 1985 Coun y Attorne
L: - --
rJUN
5 1985 BOOK 61 F,, to 65
N. Appointment to St_ Johns River Water Management Ad Hoc
Committee
ON MOTION by Commissioner Scurlock, SECONDED by Commis-
sioner Wodtke, Commissioner Bird being delayed, the
Board unanimously (4-0) appointed Marvin Carter to the
St. Johns River Water Management Ad Hoc Committee.
B. Budget Amendment - Sheriff's Office
The Board reviewed letter from Sheriff Dobeck, as follows:
P. O. BOX 608
PHONE 562-7911
May 29, 1985
R.T.T[M" DOB - INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACS, Fx.08IIDA 32960
Mr. Pat Lyons, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, FL 32960
Dear Pat:
Currently the Sheriff's Department is dispensing large quantities
of gasoline and propane for fleet or leased vehicles through pumps
located behind the jail on 17th Avenue.
Individuals are required to sign a log sheet each time they fuel
their vehicles. Occasionally because of human error, the proper
information is not recorded on the sign out sheet.
In order to provide and maintain stricter controls on the
dispensing of gasoline, propane and motor oil, we are proposing to
purchase a Sentinel V Car Access Fuel Monitor System, brochure
attached.
To pay for this system, we are requesting approval to.use the
money generated from the April 16th 1985 sale of departmental
vehicles. This money was deposited in Account 364-41.00, Surplus
Sales - Furniture, Equipment.
Therefore, we are submitting a budget amendment for approval to
transfer $6,000 from account 364-41.00 to account 521-64.44.
Respectful ubmitted,
R. T. "Tim" Dobeck, Sheriff
Indian River County
24
Commissioner Scurlock realized there has to be some control,
but he did not understand a $6,000 expenditure for a control on
the gas mechanism when our Road 6 Bridge complex is only a few
blocks away from the new jail site.
Administrator Wright noted that if we move the Sheriff's
fleet, which consists of 100 vehicles or more, to the Road 6
Bridge complex, we are going to get into a constant problem of
locking and unlocking gates, and it would also be a problem if
they came at a time when we are filling our trucks.
Sheriff Dobeck informed the Board that even though they have
two pumps available, it takes an hour or two to complete the
cycle during shift changes. He pointed out that this monitoring
system is relocatable.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) approved the following
budget amendment as requested by the Sheriff.
25
,SUN 5 1985 icor �,,: 66
row
CZ)
co
5
N
1
C
BUDGET ACCOUNT AMENDMENT
DATE REQUESTED
Indian River
COUNTY
No,: 5 FY: 1984-85
May
30, 1985
Form 82.7.4
Sheriff's Department
Indian River
TO:
COUNTY
I hereby request approval for the amendment of the Sheriff's Department budget as set forth below:
Board of County Commissioners
Sheriff
Original Budget or Last
Amended
Budget Including Amendments
Budget Accounts
FY 1984-85 Amendments Requested
Requested
.10 Personal Services
$ 2,704,099 s
$ 2,704.099
.30 Operating Expenses
654,659
654,659
.60 Capital Outlay
64.41
Auto Equipment
184,988
184,988
64.43
Radio Equipment
40,800
40,800
64.44
Other Equipment
6,645 6,000
12,645
364-41
Surplus Sales
27,255 [69000]
21,255
r
Appruv asrho ncy
5,000
5,000
and I al n
TOTAL BUDGET
$ 3,596,191 $
$ 3,602,191
B
ary . Brandenbur
nil I
This is acledge receipt b t Board of County Commissioners
This is to certify that this budget account amendment has been
Date:
_ 6 - 5- 85
Y.
Approved
Date:
Signa ur
Q�) Signature
Title: Chairman Board o ounty
Commissioners
Title: _Di rector, Office of Management
& Budget
Indian River Count
N
1
C
REZONING TO C-2 - W. of 43rd AVE. S. of 41st ST. (SABONJOHN)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
--e e
a
in the matter
in the
lished in said newspaper in the issues of
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporati3Onlany discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bt(;l me is �iay of 19
�1 G
(Clerk of the Circuit Court, Indian
(SEAL)
usiness
NOTICE'— PUBLIC HEARING
NOTICE of hearing to consider the adoption of c
a County ordinance rezoning land. tr0m R",
2, Heavy'
Commercial- to C
Thelsuubjtecttpoix $P
sently owned by Peter Sabonjohn arid .fs loc t
south 01. South Gifford Road (41st Street) W
of. 43r. Avenue, north and east of, the Vero
Beach City Limit r, ;^
The subject,poperty is described as
The"South 28'18 feet of the Ndtth 470 i l;
feet bf the North 7 acres of the East 10 et:,y
..,,,'acres and the. North .71.22 feet •ot the a,>=
South ,463.22 feet.ot the North 7 acres of
Vie. East /0 acres of Tract,%. S tion 28 'r. i
theWlastigeneraRpl 9e° �ndsCoff the
dian River Farms Companyy filed in the ; h.
:0111de of tha Clerk of the Girc4it Court
n I
St. Lucie County, Florida, now I Ing iAND
„hien iver01.111ty, Florida. fOEErSSSSroads
EXCEPT all rights of -way
canals and ditches 1 . a >{ u
A`bUbfic hearing,at which peftiss`ln-lntere*
and citizens shalt,. have. an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, Ulahe,
County Commission Chambers of the County:
Administration Building, located at,1840,451h
Street, Vero Beach.. Florida on -Wednesday June
.<.
8;1985, at e:15 a.m. I Y an decision
if any person decided to appea
made on the, above matter,'.he/she will_ need a
record :of the proceedings;to'ensure tr sue vech pba•
poses, he/she may
bm record of the proceedings is made, which in,
cludes testimony and evidence upon WhTch:6iE
appeal is based
i tt'l rr
+Indian River County ,
Board of Ginty Commissionere , t'a vI
May
Chief Planner Richard Shearer made the staff presentation:
27
BOOK 1 68
r- ... -7
JUN 5 1905 BOOK 61 FADE
TO: The Honorable Members DATE: May 20, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert_ K. Keati g, 01CP
Planning & Development Director
ppS
FROM: R chard Shearer,
Chief, Long -Range
PEGG/SABONJOHN
REQUEST TO RE-
ZONE .59 ACRES
FROM RS -6,
SINGLE-FAMILY
RESIDENTIAL
DISTRICT, TO C-2,
HEAVY COMMERCIAL
DISTRICT
AICP REFERENCES: Pegg/Sabonjohn
Planning DISC:CHIEF
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of June 5, 1985.
DESCRIPTION & CONDITIONS
Robert Pegg, an agent for Peter Sabonjohn, the owner, is
requesting to rezone .59 acres located on the west side of
43rd Avenue and south of 41st Street from RS -6, Single -
Family _Residential District (up to 6 units/acre), to C-2,
Heavy Commercial District.
The applicant is proposing to develop this property for a
use allowed under the proposed C-2 district.
On January 2, 1985, the Board of County Commissioners
rezoned a .64 acre parcel south of the subject property from
R-1, Single -Family District (up to 6 units/acre), to C-2.
On April 11, 1985, the Board of County Commissioners as-
signed this property to the RS -6 zoning district based on
its previous R-1 zoning.
On April 25, 1985, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site
and surrounding areas, potential impacts on the transporta-
tion and utility systems, and any significant adverse
impacts on environmental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property is a mobile home park zoned RS -6. East of the
subject property, across 43rd Avenue, are approximately
eleven single-family dwellings,
repair businesses zoned RS -6.
County jail property which has
South of the subject property is
and C-2. Further south are two
a mobile home zoned RS -6. Wes
the police pistol range in
Future Land Use Pattern
a mobile home, and two auto
Further east is the new
received site plan -approval.
undeveloped land zoned RS -6
single-family dwellings and
West of the subject property is
the City of Vero Beach.
The Comprehensive Plan designates the subject property
and all of the land around it (except for the property in
the City) as part of the Gifford MXD, Mixed -Use District (up
to 14 units/acre). The Gifford MXD allows residential,
commercial, or industrial land uses which will be regulated
by the zoning ordinance. The Comprehensive Plan states
that, within MXD areas, the County shall encourage rede-
velopment in accordance with the dominant land uses and the
health, safety, and welfare of area residents. In addition,
under the description of the Gifford MXD in the Comprehen-
sive Plan, the text states that the predominant land use in
the Gifford area is residential and that future expansion of
commercial uses shall be regulated by the County to ensure
that these uses will not be in conflict with one another.
Based on the existing land use pattern in this area (includ-
ing the police pistol range and the auto repair businesses)
and considering the recent site plans that have been
approved in this area (for the County jail and the Humane
Society), the RS -6 zoning of the subject property and the
land around it no longer appears to be appropriate. The
proposed C-2 zoning would not allow industrial uses but
would allow redevelopment in commercial uses. Moreover,
based on the existing land use pattern, the County should
consider rezoning additional property in this area to C-2.
Transportation System
The subject property has direct access to 43rd Avenue
(classified as a primary collector street on the Thorough-
fare Plan). The maximum development of the subject property
under the C-2 zoning would attract up to 103 average annual
daily trips (AADT).
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
T7+-4 1 4 +4 cc
County water is available at the intersection of 43rd Avenue
and South Gifford Road. County wastewater facilities are
not available for this area.
RECOMMENDATION
Based on the above analysis, particularly the existing land
use pattern, and the Planning and Zoning Commission's
recommendation, staff recommends approval.
Planner Shearer emphasized that staff feels the character of
the neighborhood has changed because of the new jail location,
pistol range, etc., and are moving ahead on rezoning additional
land in this area. This request came in in the interim, and
staff does recommend approval.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) closed the public hearing.
29
16._JUN 51985
BOOK �. PF ;� 70
IF_JUN 5 1985
BOOK 61 PAGE 71
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously adopted Ordinance 85-48 rezoning
the advertised property to C-2 as requested by Peter
Sabonjohn.
ORDINANCE NO. 85-48
WHEREAS, the Board of County Commissioners of -Indian
River County, Flbrida, did publish and send its Notice of
Intent to rezone the hereinafter described property and
pursuant thereto held a public hearing in relation thereto, at
which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
The South 28.78 feet of the North 470 feet of the North 7
acres of the East 10 acres and the North 71.22 feet of
the South 463.22 feet of the North 7 acres of the East 10
acres of Tract 9, Section 28, Township 32S, Range 39E,
according to the last general plat of lands of the Indian
River Farms Company, filed in the office of the Clerk of
the Circuit Court of St. Lucie County, Florida, now lying
in Indian River County, Florida; LESS AND EXCEPT all
rights-of-way for roads, canals and ditches.
Be changed from RS -6, Single -Family Residential
District to C-2, Heavy Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this
5th day of June, 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN-4tIVER COUNTY
'/PATRICK B.- L'yrl
Chairman (/
30
REZONING - to C-2 Old Dixie S. of 8th St. (Sullivan)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily.
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
y NOTICE PUBLIC HEARING
NOTICE of hearing to consider the adopLon;
/ a County ordinance rezoning. land from C-1,
Restricted Commercial District, to. C-2: 'Heal
Commercial District. The subject property is Ian
sently owned by Gary S. Bailey, Stephen fA. Be
ley, Wellington Stevens II, and B. A. McAlliste
Trustee; and is located south of Glendale Roo
..(8th Street} and.east of old Dixie Highway
The subject property, is described as ,
Lots 13:.thru l8, .inclusiva_Block 2 t'6,"
"gether With tf d- northernlyY /:` of aban-
doned Palmetto Piece, adjacent' to. Lot
1.3, Block, 2; AND Lots 21 thru 28, inclu-
sive, Block; 3, Jogether,with ;the :south- ,
'ernly '!s bf :abandoned Palmetto `Place, ", F
;adjacent to-Lot.o.18,.Biock 3; Gloria,Gar-i,'
dens,; according to the plat thereof as r�
(SEALY
W
(Clerk of the Circuit Court, Indian River County, FI
l
III
Chief Planner Shearer made the staff presentation, as
follows:
31
BOOK, :GE 72
Jlll
me
corded in Plat Book 5, Page` 33, Pub
in the Court, was pub-
p
, Records of St. Lucie County Florid
{; Said lands now lying and being in inoh
River County FIor1da
lished in said newspaper in the issues o
A'pubiic°hearing at Which patties in,10
and citizens shall, have an'opportunity'
heard,'will be held by the Board of County
i missioners of Indian River County; Florida,
' County -Commission .Chambers, of the C
Administration Building, located at 1840
Street, Vero Beach,.Florida on Wednesday.,
y
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
5 1885, at 9:15 a.m.
if'any person decides'to appear any dei
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
made on. the above matter, he/she will ru
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
►ecord,ol"the-proceedings; and for such
nee;[
timer, rd the
record of the�proceedings iae
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
of in s isur
is madewhh
hil
eludes testimony and .evidence-upon,whid
advertisement; and affiant further says that he has neither aid nor promised an
p p y person, firm
appeal is based.
Indian River, County
or corporatiornany discount, rebate, commission or refund for the purpose of securing this
:_ Board ofCauntyCo'' iesloners f !
advertisement for publication in the said newspaper.
"By:-s-Patrick8 Lyons;'; r k
Sworn to and subscribed bef me is #lay ofAA.^.D. 19
X5
'Chairman a
'May 15, 28,1985 s nri{ s py, y,
r2.,
(SEALY
W
(Clerk of the Circuit Court, Indian River County, FI
l
III
Chief Planner Shearer made the staff presentation, as
follows:
31
BOOK, :GE 72
Jlll
me
JUN 51995BooK FA GE 3
TO: The Honorable Members DATE: May 20, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Kea ing, AICP
Planning & Development Director
SULLIVAN REQUEST TO RE-
ZONE 1.95 ACRES FROM
C-lA, RESTRICTED COMM-
ERCIAL DISTRICT, TO
C-2, HEAVY COMMERCIAL
DISTRICT
FROM: Richard Shearer, AICP REFERENCES: Sullivan
Chief, Long -Range Planning DISC:CHIEF
It is requested that the data herein presented be given
formal consideration by the Board of Cunty Commissioners at
their regular meeting of June 5, 1985.
DESCRIPTION & CONDITIONS
Charles A. Sullivan, Sr., a part owner and agent for the four
other owners, is requesting to rezone 1.95 acres located east
of Old Dixie Highway, south of 8th Street, and north of 6th
Street, from C-lA, Restricted Commercial District, to C-2,
Heavy Commercial District.
The applicants intend to develop and redevelop this property
for warehouses, storage facilities, and commercial buildings.
Since June of 1984, the Board of County Commissioners has
approved seven requests to rezone approximately 112 acres of
land south of the subject property on the east side of Old
Dixie Highway from C-lA, C-1, Commercial District, and M-1,
Restricted Industrial District, to C-2.
On April 25, 1985, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site
and surrounding areas, potential impacts on the transporta-
tion and utility systems, and any significant adverse impacts
on environmental quality.
Existing Land Use Pattern
The subject property contains the Center Line Marking Company
Rap, Pak Drywall Company, Bea's child care, Lige's welding and
repair, East Coast Trenching, Windward Yachts, B.J.s Fresh
Produce, a mobile home, and vacant lots. North of the
subject property is Meiser Construction and vacant lots zoned
C-lA. East of the subject property is vacant land. South of
the subject property are vacant lots, a body shop and wrecker
service zoned C-lA. West of the subject property, across Old
Dixie Highway, are vacant lots and single-family dwellings
zoned RS -6, Single -Family Residential District (up to 6
units/acre). Further west are multiple -family dwellings,
single-family attached dwellings, and vacant lots zoned RM -8,
Multiple -Family Residential District (up to 8 units/acre).
32
� r �
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land around it as part of the U.S. 1 MXD,
Mixed -Use Corridor (up to 6 units/acre). The MXD land use
designation allows residential, commercial, or industrial
land uses which will be regulated by the zoning ordinance
based on the predominant land use in the area. The east side
of Old Dixie is developed predominately in heavy commercial
and light industrial uses. The west side of Old Dixie is
developed predominately in single-family residences.
The existing C-lA zoning along Old Dixie Highway seems
unrealistic based on the existing land use pattern. Rezoning
the subject property to C-2 would allow the property to be
developed in similar land uses as other property along the
east side of Old Dixie but maintain commercial zoning between
the industrial zoning to the east and the single-family
zoning to the west.
Transportation System
The subject property has direct access to Old Dixie Highway
(classified as a Secondary Collector street in the Thorough=
fare Plan). The maximum development of the subject property
under C-2 zoning would attract approximately 196 average
annual daily trips (AADT). Under the existing zoning, the
subject property could be developed in uses that could
attract up to 1,473 AADT. Old Dixie Highway currently
carries 10,000 AADT between 4th and 8th Streets and 11,700
AADT between 8th and 12th Streets. These volumes put Old
Dixie at level -of -service "C".
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
The subject property is not served by County wastewater
facilities. A County water main is located on the west side
of Old Dixie Highway.
RECOMMENDATION
Based on the above analysis, including Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Shearer noted that not only have there been seven
similar rezonings approved in this area recently, but the next
scheduled public hearing is requesting the same zoning for
connecting property to the south. If both of the rezoning
requests to be heard today were approved, it would connect the
C-2 zoning on the east side of Old Dixie from almost 8th Street
on the north to approximately 7th St. S.W. on the south.
The Chairman asked if anyone present wished to be heard.
There were none.
33
Boas 61 F-n6E 74
���i� S 1985 J
MN 5 1985
BOOK 61 PAGE I
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, Commissioner Bird being
delayed, the Board unanimously (4-0) closed the
public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, Commissioner Bird being
delayed, the Board unanimously (4-0) adopted
Ordinance 85-49 rezoning the advertised property
east of Old Dixie and north of 8th St, to C-2
as requested by Charles Sullivan.
34
ORDINANCE NO. .85-49
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, did publish and send its Notice of
Intent to rezone the hereinafter described property and
pursuant thereto held a public hearing in relation thereto, at
which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
Lots 13 thru 19, inclusive, Block 2, together with the
northernly } of abandoned Palmetto Place, adjacent to Lot
13, Block 2; AND, Lots 21 thru 28,. inclusive, Block 3,
together with the southernly } of abandoned Palmetto
Place, adjacent to Lot 18, Block 3, Gloria Gardens,
according to the plat thereof as recorded in Plat Book 5,
Page 33, Public Records of St. Lucie County, Florida.
Said lands now lying and being in Indian River County,
Florida.
Be changed from C1 -A, Restricted Commercial District,
to C-2, Heavy Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 5th day
of June, 1985.
35
BOARD OF COUNTY COMMISSIONERS
OF INDIAN-46TVER COUNTY
m
PATRICK B. L
Chairman
JAN 5 1985 BOOK �� F�,�E 7 6
117 spry 51985
BOOK 61 PAGE 77
COUNTY -INITIATED REZONING - TO C-2 (Old Dixie N. of 6th St.)
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a //.tiA, )
in the matter
in the
Court, was pub-
lished in said newspaper in the issues o AW
.S a l
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before�le th S Q'��--(? dgy of ,�'� A.D. 19 41__
4
(SEAL) (Clerk of the Circuit Court, Indian River County,
ELIC HEARING ,
NOTICE Indian'River
NOTICtl of heinng initiated byCounty to oonsidr the adoption, -1 a CounRest cteddinance rezonintend from R st icted'Ind�s-.,
Gommerciai Distrand' M_1'
al
trial Diatrict.,to C 2; He to eQ PPrb irnateiyc%. r
The subleCt Pro rtY
its south of ndale Road^fBth Street). and
east ofold. D1xie "ghwa dei#<idd ae'
7ttA sublaotpr IS PertY'
Lots 9 1 r inclusive, Block 3, to
atherwith the_86andonpd Paim Avenue
adjacentao hot 13r
14'.1_5„and 16, plgok
3, Gloria,Gard s;,eecording to the plat
thereof as resort}ed In ;Plat Book 5, Peg®
33, Public Recotds of St. L and b M R
Florida: Said,iannow N 9
6 Indian River Cou Florida
A - , , ': ng $t which paws m int®r
public
est
prrd c�tlMe shati have an opportunity:. to be
hoard wail be held by_the Board of�,�dda lin the
Oounry. wu...... -- -
1"u z0f
Administration Building, Ipcated at
Street, Vero. Beadh,.Flonda on Wednesday. June
5.1965; at 9:15 a.m' -`'to a1al an decision
If -an . rson decides P� he wil need a
made bn ea
matter;
record of ,Ute Proceedings, and for such pur-
pos�s, h9 /she may neetl to erlsula that a verbin
record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based
Indian River County rrs
Board of Couniyiom n(ssionee
Byi-s Patrick B. Lyons
Chairman
dtsull$ 28,1985 a ' r
Chief Planner Shearer made the following staff presentation:
36
� a �
TO: The Honorable Members DATE: May 20, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Ro ert M. Keati g,
Planning & Developm` t Director
COUNTY -INITIATED REQUEST
TO REZONE 1.45 ACRES FROM
C -1A, RESTRICTED COMMER-
CIAL DISTRICT & M-1,
RESTRICTED INDUSTRIAL
DISTRICT, TO C-2, HEAVY
COMMERCIAL DISTRICT
FROM: gS REFERENCES:
Richard Shearer, AICP Co. Initiated Rzng.
Chief, Lona -Range Planning DISC: CHIEF
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of June 5, 1985.
DESCRIPTION & CONDITIONS
The Planning Department is initiating a request to rezone
1.45 acres located east of Old Dixie Highway and north of
6th Street from C-lA, Restricted Commercial District, and
M-1, Restricted Industrial District, to C-2, Heavy Commer-
cial District.
Since June of 1984, the Board of County Commissioners has
approved seven requests to rezone approximately 112 acres of
land south of the subject property from C -1A, C-1, Commer-
cial District, and M-1 to C-2, Heavy Commercial District.
On April 25, 1985, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site
and surrounding areas, potential impacts on the transpor-
tation and utility systems, and any significant adverse
impacts on environmental quality.
Existing Land Use Pattern
The subject property contains a body shop,.. -a wrecker
service, a house and vacant lots zoned C-lA and a vacant lot
zoned M-1. North of the subject property are Center Line
Marking Company, Rap Pak Drywall Company, Bea's Child Care,
and Lige's Welding and Repair zoned C-lA. East of the
subject property is undeveloped land and junk storage on
property zoned M-1. South of the subject property is
undeveloped land zoned C-2. West of the subject property,
across Old Dixie Highway, are vacant lots zoned RS -6,
Single -Family Residential District (up to 6 units/acre).
Further west are multiple -family dwellings in an RM -8,
Multiple -Family Residential District (up to 8 units/acre).
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land around it as part of the U.S. 1 MXD, Mixed -
Use Corridor (up to 6 units/acre). The MXD land use
designation allows residential, commercial, or industrial
land uses which will be regulated by the zoning ordinance
based on the predominant land use in the area. The east
side of Old Dixie is developed predominately in heavy
37
JUN 5 1985 BOOK i� r, 78
FF'T
UN 5 1985
BOOK 61 FACE79
commercial and light industrial uses. The west side of Old
Dixie is developed predominately in single-family resi-
dences.
The existing C-lA zoning along Old Dixie Highway seems
unrealistic based on the existing land use pattern. Rezon-
ing the subject property to C-2 would allow the property to
be developed in similar land uses as other property along
the east side of Old Dixie but maintain commercial zoning
between the industrial zoning to the east and the single-
family zoning to the west.
Transportation Svstem
The subject property has direct access to Old Dixie Highway
(classified as a Secondary Collector street in the Thorough-
fare Plan). The maximum development of the subject property
under C-2 zoning would attract approximately 169 average
annual daily trips (AADT). Under the existing zoning, the
subject property could be redeveloped in uses that could
attract up to 1,358 AADT. Old Dixie Highway currently
carries 10,000 AADT between 4th and 8th Streets and 11,700
AADT between 8th and 12th Streets. These volumes put Old
Dixie at level -of -service "C".
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
The subject property is not served by County wastewater
facilities. A County water main is located on the west side
of Old Dixie Highway.
RECOMMENDATION
Based on the above analysis, including the Planning and
Zoning Commission's recommendation, staff recommends
approval.
Chief Planner Shearer informed the board that the subject
property is immediately south of the property just rezoned, and
the property south of it already is zoned C-2. One of the lots
in it is zoned M-1; it was included because it is the same
ownership with some lots zoned C -1A, and it is desired to make
them all consistent.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by Commis-
sioner Bowman, Commissioner Bird being delayed, the
Board unanimously (4-0) closed the public hearing.
38
L�
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) adopted Ordinance 85-50
rezoning 1.45 acres east of Old Dixie and north of
6th Street to C-2 as recommended by staff.
ORDINANCE NO. 45-50
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, did publish and send its Notice of
Intent to rezone the hereinafter described property and
pursuant thereto held a public hearing in relation thereto, at
which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
Lots 9 thru 20, inclusive, Block 3,, together with the
abandoned Palm Avenue adjacent to Lots 13, 14, 15, and 16,
Block 3, Gloria Gardens, according to the plat thereof as
recorded in Plat Book 5, Page 33, Public Records of St.
Lucie County, Florida. Said land now lying and being in
Indian River County, Florida.
Be changed from C -1A, Restricted Commercial District,
and M-1, Restricted Industrial District, to C-2,
Heavy Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 5th day of June, 1985.
39
JUN 51985
BOARD OF COUNTY COMMISSIONERS
O4INDI RIVER COUNTYB4.
K B. LY
Chairman
BOOK 61 P'.;E S®
Fr -
JUN 5 1985
JAIL COMPUTER SOFTWARE CONTRACT
BOOK 61 F' a 81
Administrator Wright reviewed memo of General Services
Director Dean, as follows:
TO: The Honorable Members of DATE: May 28, 1985 FILE:
the Board of County
Commissioners
THRU: Michael Wright
County Administrator
FROM: H. T. "Sonny can
Director
General Servi es
SUBJECT: Jail Computer Software
Contract
REFERENCES:
On January 22, 1985, we entered into the subject contract to
computerize the jail operations. In the original scope of work, all
inmate paperwork and accounting records were included. When this
contract was negotiated, staff failed to take into consideration, or
be aware that software was available for the Inmate Welfare Fund
accounting. Since this is a D.O.C. mandated program and requires a
large amount of paperwork and accountability, staff feels the package
is necessary to complete the computerization of jail records.
Therefore, it is recommended that approval be given to extend the
H.T.E. Contract and allow an expenditure of $3,000 to cover the cost.
Funds will come from Operating Budget.
The Administrator informed the Board that the Clerk's Data
Processing Department is unable to do this work for them as they
simply do not have the manpower, and he therefore, would request
that the Board extend the contract as recommended.
Commissioner Scurlock wished to know if Data Processing has
looked at this company, and Chairman Lyons confirmed that they
have and they are pleased that it was picked.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, Commissioner Bird being
delayed, the Board unanimously (4-0) approved
extending the contract with H.T.E., Inc., and
allowed an expenditure of $3,000 to cover the
cost as recommended by staff.
40
Chairman Lyons requested that some time the Commission
members go over to the jail and see what is on the computer now.
He believed the jail has done an outstanding job in getting its
clerical functions on the computer, and when we finally get it
hooked into the Courthouse, he felt it will be a big help to
everyone.
EXTENSION TO CONTRACT FOR MINIMUM SECURITY STUDY FOR JAIL
FACILITY
Some discussion ensued regarding extending the contract with
Consultant Robert Buchanan of Correctional Services Group for the
jail facility to include the minimum security facility study so
that he can be paid for his services, and Administrator Wright
expressed the desire that staff be authorized to use Mr.
Buchanan's services in the future, if needed, at some small
not -to -exceed figure.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Bird being delayed,
the Board unanimously (4-0) agreed to extend the
contract with Correctional Services Group for the jail
facility to include the minimum security facility study;
approved invoice from Correctional Services Group in the
amount of $774.53 for this study; and authorized staff
to use the services of Mr. Buchanan in the future, if
needed, at a figure not to exceed $1,500.
TRANSPORTATION PLANNING COMMITTEE REPORT
Commissioner Scurlock reviewed the following report:
41
BOOK 61
rJUN 5 19E5
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
May 28, 1985
1. Traffic Impact Fee Ordinance Study:
BOOK 6 1 P.aiF 83
Committee heard verbal status report from Barton-
Aschman Associates and asked general questions.
Preliminary reports are anticipated within two
weeks.
2. Roadway Lighting Policy:
Committee unanimously recommended approval of staff
report to fund two street lights; one at 58th
Avenue/Lundburg Road, and one at 6th Road,S.W./
3rd Street, S.W.
3. Signalization Study - U.S. #1 at 87th Street:
Committee unanimously recommended to remove the
existing signal as per staff report after the
Wabasso Post Office is scheduled to move in
August.
COUNTY -INITIATED AMENDMENT OF COMPREHENSIVE PLAN RE NEIGHBORHOOD
NODES
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
42
VERO REACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisemept; and affiant further says that he has neither paid nor promised any person, firm
or corporatidn iany discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bf
A.D. 19
Ar -
(Clerk of the Circuit Court, Indian River County,
(SEAL), ,, l
NOTICE OF PUBLIC HEARING ; v:
TO CONSIDER THE ADOPTION
OF A COUNTY ORDINANCE
AMENDING THE TEXT OF
THE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN that the Indian
River County Board of. County Commissioners;
shall hold a public hearing at which parties in in-
terest and citizens shall have an opportunity to
be heard on Wednesday. June 5; 1985, in .the
County Commission Chambers located in the
County ; Administration' Building, 184025th
Street, Vero. Beach, Florida, at 9:30 a.m. oras,
soon thereafter as'may be heardto. make a
recommendation concerning adoption of an or
dinance entitled: +
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS. OF INDIAN
RIVER COUNTY, FLORIDA AMENDING ;.
THE TEXT OF. THE LAND USE ELE-
.MENT OF THE COMPREHENSIVE PLAN ., ;(.
OF INDIAN RIVER.000NTY; PROVIDING
A DEFINITION'- `PRnvinimn MR
MENT`OF NEIGHBORHOOD COMMER- ,'
CIAL NODES; AND PROVIDING AN. EF-
FEC1IVE DATE n w i ry
If any Person decides to appeal enjr dec(sion'
made on the above matter, .he/she will need.W
record of the proceedings, and for'sdch'._pur-,
Poses, he/she may need to ensure that a verba-
tim record of the proceedings';is made; which in
cludes testimony and evidence upon which the
appeal'is based.
Indian River'County
Board of County Commissioners,•
By': -s -Patrick B .Lyons
Chairmn ��i,+
May 15,28,..98 5.
Chief Planner Shearer made the staff presentation:
43
L_ JUN 5 1985
BOOK 1 F,1,E 84
'JUN 5 1995 �j
BOOK 61 P�,�f. 85
TO: The Honorable Members DATE: May 24, 1985 FILE:
of the Board of
County Commissioners
COTJNTY-INITIATED RE -
DIVISION HEAD CONCURRENCE: QUEST TO AMEND THE
SUBJECT: COMPREHENSIVE PLAN TO
PROVIDE FOR THE DEFINI-
Robert M. Keating A�`� TION, CREATION & STAN -
Planning & Development Director DARDS OF NEIGHBORHOOD
NODES
FROM: RicShearer, AICP REFERENCES: Nbrhd Node CPA
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of June 5, 1985.
DESCRIPTION & CONDITIONS
The Planning Department has initiated a request to amend the
text of the land use element of the Comprehensive Plan to
provide for defining, creating, and setting standards for
creation of neighborhood nodes.
This request is a result of the discussions regarding
neighborhood nodes which occured at the County Commission
node workshop meetings held during 1983 and 1984.
On March 28, 1985, the Planning and Zoning Commission tabled
action on this request pending further analysis by the staff of
the distance separation criteria. The staff then added a
provision allowing for a deviation to the one mile distance
separation rule. On April 25, 1985, the Planning and Zoning
Commission voted 5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
The proposed changes to the neighborhood nodes section of the
Plan do not change the intent of the Plan but do provide more
specific information on what neighborhood nodes are and how
they will be created. This proposed amendment does change the
size range of neighborhood nodes from 2 -to -8 acres to 0 -to -6
acres and provides criteria for the establishment of neighbor-
hood nodes.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Shearer discussed criteria for location of neighbor-
hood nodes, emphasizing that they would not appear on the Land
Use Plan map, but there would be an ability to establish them
without amending the Plan. He noted it was first felt they
should be at least one mile from another node, but the Planning &
44
M M M
Zoning Commission, after considering this twice, felt a one mile
separation might be a little strict and came up with a provision
to allow a deviation of 10% if certain criteria are met.
Planner Shearer wished to add that staff presently has two
rezoning applications in for neighborhood nodes, both at the
intersection of 74th Ave. and SR 60. The first one, a 7.2 acre
parcel, was denied by the Planning 6 Zoning Commission, and that
is on appeal. The second request is scheduled to go before the
Planning & Zoning Commission on June 27th, and it is for 6 acres
at the southwest corner of the intersection.
Planning Director Keating reported that the neighborhood
node concept changed dramatically because of the workshops to
more of a mini node concept, and staff is putting everything in
black and white that was agreed on at the workshops.
Commissioner Scurlock felt it is good we are reducing the
sizing, but one of his questions concerned what he termed the
"septic tank" phenomena, i.e., where you have one node
established at a certain point and one at another location, and
it squeezes out the guy in the middle. He then wished to know
exactly how the distance from one node to another is measured -
whether by line of sight or distance traveled in a vehicle?
Regarding a node at 74th Ave., for instance, there is already a
node at Vista Plantation, and on the one side of SR 60 the
distance could be much more than a mile while on the other side
of the highway, it is a shorter distance, possibly .7 of a mile.
Director Keating noted that anytime you put in distance
criteria, it is a difficult problem. There are many factors that
need to be considered, and he felt the Board may have to do this
on a case to case basis. They did establish that the distance
would be along the rights-of-way, and the philosophy was that a
neighborhood node conceivably could be on all four quadrants of
an intersection. The right-of-way does serve to connect parcels
on each side of the road, and staff would measure from boundary
line to boundary line assuming that that boundary line extends
45
JUN 5 1985
BOOK �, 86
r___ ,
JUN 5 1985
BOOK 61 F'+HF 87
across the right-of-way wherever that node ends to the boundary
line of the other entity - whether it be another node, a
commercial corridor, MXD area, or something of that sort.
Commissioner Scurlock noted that section lines run every
mile, but property is not divided that way generally.
Chairman Lyons asked what we basically are trying to
accomplish - avoiding traffic or -avoiding strip zoning? If these
nodes are set up so they are well protected from the road, he
felt it would not constitute strip zoning.
Director Keating stated that the objective that the
neighborhood node was trying to accomplish was a major considera-
tion when the workshops were held. Before those meetings, the
staff thought there were primarily two objectives - avoiding
strip commercial development, and providing a means of having
limited commercial within residential areas to keep a lot of
traffic off of the major arteries. What evolved in the workshop
meetings, however, was a kind of mini node concept. The idea was
that these would still be neighborhood commercial areas and that
they would provide an outlet, primarily composed of neighborhood
services, between the major nodes and still prevent strip
commercial from occurring. Director Keating did want to point
out that that staff is workshopping drafts of the non-residential
districts of the Zoning Code, and there is a specific neighbor-
hood commercial zoning district which would apply to the
neighborhood nodes.
Commissioner Bird entered the meeting at 9:40 o'clock A.M.
Commissioner Bowman commented that conceivably these type
nodes could occur every .9 of a mile, but she felt this has been
dealt with by the statement that the node must be compatible in
function and appearance. If it blended in, it would not be
objectionable.
Commissioner Wodtke referred to the wording "contiguous"
acres, and asked if the nodes don't have to be all on one side of
the road. Director Keating confirmed that it would.
46
M
Commissioner Bird brought up traffic impact and the require-
ment that a node "shall not downgrade the level of service." He
asked if this would be specifically from Level C to Level D or
just require that a node would not throw the traffic into a worse
level.
Discussion followed as to what level should be set out, and
Attorney Brandenburg agreed the language should be changed to be
consistent with the Comprehensive Plan - i.e., average annual
level of Service C, and Level D during the peak season.
The Chairman asked if anyone present wished to be heard.
Attorney Steve Henderson came before the Board representing
Adult Community Total Services, Inc. (ACTS) whom the Board will
be hearing next week. He noted that they applied for a neighbor-
hood node designation on the northwest corner of 74th Ave. and SR
60 two months ago and found themselves tracking this new ordi-
nance as they went. Attorney Henderson continued that obviously
this ordinance causes them some problems if it is interpreted so
as to require a measurement between two existing nodes either
along both sides of Route 60 or if it is interpreted to mean that
there is an existing node boundary at 1-95 right now. He did not
believe a boundary has been officially adopted for the 1-95/Rt.
60 node, but staff has said that there is such a boundary and
that it was created by the rezoning for the bank at 79th Avenue
on the south side, which happens to be about .7 of a mile from
the 74th Avenue location. On the other side of that is the 66th
Ave. neighborhood node for Vista Plantation and that happens to
be .9 of a mile so the variance provision would apply. Attorney
Henderson stressed that if you interpret this as meaning the node
boundary at 1-95 is already established, then it will mean that
not only will this node at 74th Ave. be knocked out, but there
will be no more neighborhood nodes on SR 60 from the City limits
to a mile beyond the west boundary of the 1-95 node.
Attorney Henderson pointed out that their proposed node
would be to serve only the needs of their non-profit life care
47
BOOK I F',GE
� JUN 5 1985 J
JUN 5 1905
-
BOOK 61 89
facility. He felt this is a project with merit, but it seems
they may be disqualified simply by what seems to be an arbitrary
rule. They would argue that it would make more sense to measure
the intervening distance along the one side of the road, especi-
ally on a road such as SR 60; and Attorney Henderson also felt
the boundary of the major node must be determined.
Commissioner Bird believed that as the County grows, we may
violate these boundaries anyway as these node may have to be
expanded in the future.
Chairman Lyons noted that we seem to be hearing an appeal
that is scheduled for the next Commission meeting. He reported
that he will, in the future, be a resident of the proposed
facility, and although it is a non-profit facility and he will
not profit from it in any way, he wondered if he might possibly
have a conflict of interest and should not hear it or vote on it.
Attorney Brandenburg assured the Chairman that this did not
represent a conflict of interest, but in any event, the Board
should not hear the appeal today.
Attorney Henderson assured the Board that he did not intend
to appeal this matter now; he simply wanted to make a few points.
Commissioner Scurlock asked if we have, in a.11 cases,
established these nodal boundaries, and Attorney Brandenburg
stated that we have not, and for neighborhood nodes won't do so
until they come up on a case by case basis in the future.
Commissioner Scurlock inquired if we are saying that there
is no node at this time at the intersection where the bank is?
Planner Shearer explained this 1-95 node boundary has not
been set by ordinance as has been done in two other cases;
staff, however, used that boundary for two reasons. When the
First Bankers' property was rezoned, there is mention in the
Minutes by the Planning staff that they were recommending
approval of that rezoning based on their finding that that
property was located in the 1-95/SR ¢0 node. Since then, in
December of 1984, the Board considered rezoning some property
48
near 82nd Avenue and that area from B-1 to Multiple Family
District, and at that time, there is mention in the Minutes that
the property was excluded from the rezoning request because the
Board felt it should be included in the 1-95/SR 60 node. While
it has not been set by ordinance, staff, therefore, feels there
is a very clear intent by the Board that that is where the
eastern boundary of the 1-95 node is going to be.
Commissioner Scurlock inquired if we have enough ability
based on that finding to get our measuring tapes out.
Attorney Brandenburg asked if he was talking about Attorney
Henderson's appeal, and Commissioner Scurlock stated that he was
just referring to any hypothetical situation.
Attorney Brandenburg confirmed that the Commission would be
legally in a position to make that determination; that is exactly
what the Ordinance sets the Board up to do - either to make a
choice of whether they wish to set a definitive boundary or leave
it open and use their discretion.
Commissioner Bird pointed out if this all depends on the
Board's discretion, anyone who wants to develop a neighborhood
node could not go out and just look and determine if he could
have one.
Attorney Brandenburg agreed this will be a difficulty for a
time, but it will be eliminated as the nodes are established. We
have that difficulty now, and this is one step in a process of
eliminating that problem.
Commissioner Scurlock wished to pin down exactly how the
separation distance will be measured, and Director Keating noted
that the ordinance provides "This distance shall be measured
using the most direct route along roadways from boundary line to
boundary line and applicable to property on both sides of the
roadway."
Commissioner Scurlock noted that, in other words, if he
drove his car down the road and there was no curb cut so he could
cross the road, he would measure all the way up to the nearest
49
� JUN 51985
BOOK 1)� I.a.JE 90
JUN
5 1985
BOOK
61 P,�,E
�.
point that he could
turn and then back around to get to
that
property.
Director Keating disagreed and stated what we would be
considering is the extension of that property line along the
right-of-way.
Administrator Wright noted that the standard re alcoholic
beverages is to go from front door to front door by the most
direct pedestrian route on public rights-of-way, and Commissioner
Bowman felt what we actually are saying is that if you drive up
the westbound lane, when you get opposite the boundary line of
the property on the south side of Route 60, you site where it is
and look at your odometer and that is it. The Administrator
agreed.
Commissioner Scurlock inquired about any variance proce-
dures, and Attorney Brandenburg stated that there are no
variances to the Plan unless specifically written in. The Board
has the flexibility of 10% and flexibility re the boundaries, and
the only permanent thing is to establish the boundaries up front.
Commissioner Bird asked if any thought was given to differ-
entiating the separation distances on different types of roads.
Director Keating commented that in their first workshop,
they were thinking of keeping these nodes off the arterials and
more within a neighborhood, but they did not differentiate
between arterials and collector roadways.
Commissioner Wodtke believed the way the ordinance is
written, we will not have a request for a neighborhood node
unless there is existing population, and he asked if we have
defined what would be considered "densely populated." He noted
it says LD -2 or higher and asked if it can be measured just
because it is platted or if it has to be built; Director Keating
stated that it would be based on potential.
Commissioner Wodtke stated that the way he reads it, it says
it must be densely populated, and he felt that means existing.
population.
50
M
i
Attorney Brandenburg felt it should just say that this area
must have the potential of having a dense population.
Commissioner Bird commented that he could anticipate someone
with one lot bringing in a Mom and Pop store, and then someone
later with four acres could -be stopped because the other one is
already there.
Commissioner Wodtke felt if someone came in with just one
lot, that staff would deny the request, and he would hope we have
the flexibility to say no in such a situation..
Chairman Lyons noted that there seem to have been a lot of
questions raised and possibly we want to send this back to the
drawing board.
Attorney William Caldwell came before the Board representing
Dale Sorensen, Bill Becker, and Charles Bradshaw, who have filed
a petition to rezone six acres on the southwest corner of Route
60 and 74th Avenue. He informed the Board that they are in
support of what ACTS is after, but would like to see a larger
node permitted at this intersection and perhaps elsewhere in the
county along roads such as Route 60 and U.S.1, which certainly
are different than a road such as King's Highway, for instance.
In regard to measuring, Attorney Caldwell agreed there should be
some flexibility. He noted that his clients have applied for all
six acres, which in this new ordinance would preclude any of the
other of the four corners from getting any, and this goes back to
the first come, first served basis, which just is not fair.
Attorney Caldwell requested that the Commission give serious
consideration to increasing the size of nodes along SR 60 and
consider again the distance requirements. He noted that legisla-
tion is being considered whereby it is possible the County may
not be able to address Land Use Plan changes more than once a
year, and he did not feel the Board should have to rely on
changes of the Land Use Plan to make zoning decisions along the
major roads. He also felt it would be helpful for everybody if
51
JUN 5 195 Book 1 Ff F. '9
r
JUN
5 195 BOOK F° GE 9
the word "contiguous" were taken out because if you have six
acres and you are the first to apply, you would get it all.
Commissioner Scurlock agreed it would encourage a lot of
speculation with people running out and buying up six acre
parcels.
Commissioner Wodtke noted that Attorney Caldwell is talking
about two different sides of an intersection, and he felt that
what they are talking about is a major intersection situation,
which, in his opinions is outside the realm of a neighborhood
node.
Commissioner Scurlock agreed, noting that when he thinks of
a neighborhood node, he thinks of a convenience store or a
laundromat.
Director Keating pointed out that the Board does have the
opportunity to consider a Comprehensive Plan amendment to put a
major node at any of these intersections. He further noted that
the uses in neighborhood nodes are limited to personal services,
etc. He commented that a suggestion was made that possibly we
should eliminate neighborhood nodes altogether, and that might
not be a bad idea.
Nancy Offutt took the floor speaking as vice chairman of the
CIMC (Construction Industry Management Council). She informed
the Board that the organization does not take a position on
neighborhood commercial nodes, but the point she would like to
address is Commissioner Bowman's suggestion about considering the
compatibility of function and appearance. Mrs. Offut did agree
as to requiring compatibility of function, but would caution
about legislating appearance as there could be so much involved
in establishing a node and a developer could encounter so many
problems that it probably would not ever materialize. Mrs.
Offutt further pointed out that if the function of a neighborhood
node is to service the neighborhood, it is more pedestrian
oriented, and she did not believe pedestrians will cross a major
highway.
52
Commissioner Bowman explained that "appearance" was intended
as a general word; for instance, she would object to a Zippy Mart
with an orange roof in front of a beautiful condo complex. Mrs.
Offut did not argue with that but asked what if you built by
something similar to the Pocahontas Building?
Commissioner Bowman felt maybe we do need architectural
review, but Mrs. Offutt believed Vero has done very well and
developed very nicely without it.
Chairman Lyons again noted it seems there are questions to
be answered and possibly we should continue the public hearing .
Commissioner Bird commented that he was not ready to vote,
but he did not really know what to tell staff to do either.
Commissioner Wodtke stated that he felt comfortable in
adopting the proposed ordinance with some minor changes. If we
run into specific problems, we can change it, and he did feel it
is a good tool.
Discussion ensued on size of nodes, and Commissioner
Scurlock noted that Winn Dixie is not a neighborhood node nor
Eckerds, and Director Keating pointed out that the Vero Mall is
around eight acres, and that is why they are proposing the
acreage be reduced to six.
Commissioner Bird inquired about the situation discussed by
Attorney Caldwell where someone has already used up the six acres
and asked what ACTS option would be re applying to the county to
create a general commercial node of 20-30 acres at that inter-
section.
Director Keating stated that they could come in twice a year
for a Comp Plan amendment and request that a general commercial
node be located there.
Discussion continued at length as to size of nodes, and
whether six acres actually wasn't more than is needed for a
neighborhood type node. It was noted that the small node by
Vista Gardens being developed by John Lyon is about 2.5 acres.
53
JUN 5 1995 BOOK 61 PAGE 9
r'-
juN 51985
BOOK 1 P -E 95
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
Commissioner Scurlock asked how the Board would feel about
changing the size of a neighborhood node from 0 to 6 acres to 0
to 3 acres, and the Chairman asked if that was a Motion.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously agreed
to designate the size of a neighborhood node as
0 to 3 acres.
Administrator Wright stressed that what we are talking about
today is a neighborhood commercial node, not to be confused with
a general commercial node that the Board might want to create on
SR 60.
Chairman Lyons discussed the phrase requiring that "the area
of the proposed neighborhood node must be densely populated
(e.g., a land use designation of LD -2 or higher)..." and
suggested it be reworded to require that the neighborhood node
must be in an area that has the "potential" of having dense
population, e.g., a land use designation of LD -2 or higher.
Commissioner Wodtke suggested that it just be required that
it be in a land use designation of LD -2 or higher, and delete
"potential population." This was agreed upon.
It was further noted that the language re traffic impact
should be made consistent with the Comprehensive Plan re not
downgrading below Level of Service C or D.
Chairman Lyons brought up Commissioner Bowman's suggestion
requiring that the neighborhood node must be compatible both in
function and appearance with the surrounding area, and it was
agreed this should be required.
e
54
L-1
Commissioner Wodtke stated that he felt comfortable with the
proposed ordinance because it is another type of commercial
development we are lining up. He believed neighborhood nodes do
not belong on Route 60 or 512 as that is where you can allow
specific commercial development in the proper size and felt the
ordinance proposed today will more truly address the neighborhood
situation.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, to adopt Ordinance 85-51 with
the modifications discussed above.
Commissioner Bird commented on the statement in paragraph 4
that the residential character of the surrounding area "shall"
not be negatively impacted. He did not know how you can put in
such a node and not have some kind of negative impact.
Director Keating believed that is included so we do have
the ability during site plan review to negate any adverse impact.
Commissioner Bird felt "shall" is too strong and that
"should" would be better.
Commissioners Scurlock and Wodtke agreed to add this
modification to their Motion.
THE CHAIRMAN CALLED THE QUESTION on the Motion
with the above addition. It was voted on and
carried unanimously.
BOOK
Ani ��
r
JVl, 1985
600K � P�q��E 9 7
ORDINANCE NO. 85 - 51
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING THE TEXT OF
THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF
INDIAN RIVER COUNTY; PROVIDING A DEFINITION,
PROVIDING FOR CREATION; AND PROVIDING STANDARDS AS
TO SIZE, LOCATION, USES, COMPATIBILITY, ACCESS, AND
ESTABLISHMENT OF NEIGHBORHOOD COMMERCIAL NODES; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian
River County, Florida did publish and send its Notice of
Intent to amend the Land Use Element of the Comprehensive Plan
and pursuant thereto held a public hearing in relation there-
to, at which parties in interest and citizens were heard; NOW,
THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that:
SECTION 1
Page 32 of the Land Use Element of the Comprehensive Plan
is hereby amended as follows:
SPECIAL POLICIES REGULATING NODAL AREAS
1) Unspecified nodes may include:
Neighborhood Commercial Nodes - Ne}ghberheed--e:timme�rea
eeate�s--�rc�-}ess-�t�ra�--tae--F2-)--ae�es-�rc�r--}�--►-�--e�
eight-"-eee}kba��rea�-eexrte-
e}a}-Res•-,re--bels}-
nesses;-g�e�ess}esa}-e�€}ees-aed-etheruses-as-dei}�ee1-}s
a}}-alp}}eab}e-}aad-e�e�ae}egment-e�e1}aartees-}ae}e�}ag; -bt��
not--1-inti -he---tom -ere }saaees-
the--eha�ae�e�}s�}es--e�--a--ae}ghbe�heeel--w}}}--a}se--be
eons}deed-}e-e�ete�m}e}meg-uses-wh}eh-�a}}}-be-a}}e�aeel-}e-a
ga��}ett}a�-se}ghbe�heee�-ee�txte�e}a}-aede-
Neighborhood commercial nodes are designed to be limited
commercial centers located in areas between general nodes
and are designed to function as minor, supplementary
commercial centers limited in size and permitted uses
CODING: Words in type are deletions from
existing law. Words underlined are additions.
56
I
M
As unspecified nodes, these neighborhood commercial nodes
will not be graphically depicted upon the official Land
Use Plan Map.
Such nodes may be established by the Board of County
Commissioners without amending the Land Use Plan or Land
Use Plan Map. In creating neighborhood nodes, the Board
of County Commissioners must adhere to the neighborhood
node standards as herein set forth_ ThaaA
be more specifically detailed and the neighborhood node
establishment mechanism more specifically defined in the
County's zoning code and land development regulations.
The following standards shall apply to the creation of
any neighborhood node:
Size: 0-3 contiguous acres (No neighborhood node may
exceed 3 acres in size).
Location: At least 1 mile from any other
neighborhood node, commercial node, commer-
cial/industrial node, tourist/commercial node,
hospital/ commercial node, MXD district, or commer-
cial corridor, and must be located on an arterial,
collector, or subdivision feeder road. This dis-
tance shall be measured using the most direct route
along roadways from boundary line to boundary line
and applicable to -property on both sides of the
roadway. However, the one mile distance requirement
may be reduced by as much as ten (10) percent, up to
528 feet, upon demonstration by the applicant that
certain characteristics exist in the general area of
theproposed neighborhood node. These characteris-
tics shall include each of the following
considerations:
CODING: Words in struek-th-re"qh type are deletions from
existing law. Words underlined are additions.
57
BOOK
BOOK 61 F''.,E 99
1) The area of the proposed neighborhood node must
have a lana use designation of LD -2 or higher, thus
providing a large service population in a compact
area.
2) The traffic impacts of the development shall not
downgrade the level -of -service below level -of -
service "C" on an average annual basis nor level -of -
service "D" during the peak season on the street
where it is located, or on any surrounding steets.
3) Potential for strip commercial development
shall not be increased through the creation of the
neighborhood node.
4) The residential character of the surrounding
area should not be negatively impacted.The burden of
proof to show that a lesser separation distance is
acceptable shall be upon the applicant. In no
instance, however, shall the separation distance be
less than 0.9 mile.
Uses: Limited to uses allowed in CN, Neighborhood
Commercial District.
Compatibility: Must be compatible as to function
and appearance with surrounding area. Must
establish a buffer separating commercial from
adjacent residential uses.
Access: Limited access.
Marginal (frontage) road system required.
Establishment: Created by petition to Board of
County Commissioners; node established; land rezoned
to CN.
CODING: Words in struek-through type are deletions from
existing law; words underlined are additions.
58
a � �
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on the 5th
June
1985.
day of
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: ✓ fC
DON C. SCUR 0 K, JR.
VICE CHAIRMAN
PETITION PAVING - 1ST ST., 18TH COURT, 19TH AVE. S.W. 8 APPLE WAY
The hour of 10:00 o'clock having passed, the Deputy Clerk
read the following Notices with Proof of Publication attached,
to -wit:
VERO BEACH PRESS -JOURNAL .
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumai, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
�S a
A
I
In the matter ofd%�/Z�✓
1'
in the ///yyyJJJ ___ d Court, was pub.
Refund in said newspaper in the issues of %%Off /3
Affiant further says that the said Vero Beach Press -Journal is a newspaper Published at
Vero Beach, In said Indian River County. Florida, and that the said newspaper has heretofore
been continuously published In said Indian River County. Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement: and affient further says that he has neither paid nor promised any person, firm
or corpoation any, d(scpuntr rebate, commission or refund for the purpose of securing this
advertisement for publication, In the said newspaper.
Sworn to and subsyribedbotorB me this day f Z41A.. 19
S
r —
';
(Busm ss snags
•' (Clerk of the Circuit Court, Indian River Coun y, FI i )
i
,a
• JUN 5 1985 g0°K
Lots 3 through 8; Block; Lor 1„ Block 1
Late 10 through 14, Blnk F.-Morelan
Subdivislon as. recorded .in_Plat.l3ook;,
Page 12 of the Public Records 9•,Jgdie
Iyer County Florida: F
'an+ yi
Nv.
tots 1 through S. Block it
through 8, Block A; Lots 1 through
Bink C; Lots 1 through 8, Block
Royal Poinclana Park Subdivision Unit
`as recorded In Plat Book 5 page 40
\the Public Records of Indian River cou
Florida ......., s -.,a , .,:•,n•' Yw
BOA OF COUNTY COMMISSIONERS OF 1N -
DIA IVER COUNTY; FLORIDA, as follows:
1. a foregoing recitals are affirmed and ratl.
fledtheir
2. A project providing for paving and drainage
Improvements to let Street between 18 and 20th
Avenues;. Public -works Project No. 8421; 18th'
Court between SON end 81h Streets, Public Works
PIroject No. 8422; heretofore designated as Pub.
plc Works Projects are hereby approved subject
ho the terms outlined above and all applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Com-
missioner who moved Its adoption. The
motion was seconded by Commissioner
and, upon being put to a vote, the vote was as
follows:. " : :: • •
:. Chalmian Patrick B Lyon
}Vice -Chairman Don C. Scurlock, Jr.
JCommisalonr Margaret C. Bowman
'Commissioner Richard N. Bird "
Commissloner Willlam C. Wodtke, Jr.
The Chairman thereupon declared the resclu
Hon duly passed and adopted this day of
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
e ,,c.•a
Patrick 8 Lyons 'V ,
Chairman ..i,^•
Attest
FREDA WRIGHT, Clerk
APPROVED AS TO FORM
I1ND LEGAL SUFFICIENCY
Ily County Ator a Otics
RESOLUTION NO. 85-
A RESOLUTION OF THEBOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING '
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENT TO 19TH AVENUE
SOUTHWEST BETWEEN 13TH AND
14TH STREETS SOUTHWEST; PROVI -
ING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENT OF ASSESS-
MENTS, NUMBER OF ANNUAL IN-
STALLMENTS, AND LEGAL DESCRIP-'d'
TION OF THE AREA SPECIALLY BENE—t`1
FITED....;
I WHEREAS, the County Public Works Dapaarrt(--
1 ment has received a public Improvement petl;,
i tion, signed by more than a majority (but less
than N of the owners of property.lnthe area to
Ye specially benefited, requesting paving and
tirainge Improvements to 19th Avenue South-
west between 13th and 14th Streets Southwest;
nd
WHEREAS, at the July 11,1984 County Com-
lesion meeting, the Board unanimously moved
Initiate the requested Improvements, using
e authority reserved to the Board in Section 25
Ordinance 81-27, 'end authorized the Public
arks Division to proceed with the project In sc-
rdance the the ordinance; and the design
rk including cost estimates have been -in-
pl6ted by the Public Works Division and the total
heated cost of the proposed improvements is
1 ,340.41; and
I HEREAS, this resolution has been Pub -
lie ed In accordance with ordinance require
-
a
and a public hearing conducted; and
HEREAS, the special assessment provided
h under shall, for any given record owner of
p rill within the area specially benefited, be
in an amount equal to that proportion of sev-
entd lve percent (75%) of the total cost of the
project which the number of lineal feet of road
frontage owned by the given owner bears to the
total t number of lineal feet of road frontage
within the area specially benefited, and shall be-
come due and payable at the Office o1 the Tax
Collector of Indian River County ninety (90) days
after the final determination of the special as-
sessment pursuant to Ordinance 81-27; and
WHEREAS, Indian Rim County shall pay the
remaining twenty-five percent (25%) of the total
cost of the project; and • : •
WHEREAS, any special assessment not paid
within Bald ninety (90) day Period shall bear in.
terest beyond the due date at a rate established
by the Board of County Commissioners at the
time of preparation of- the flal assessment roll,
and shall be payable. In two (2) equal Intall-
ments, the first to be made twelve (12) months
from the due data and the second to be made
twenty -tour (24) months form the due date; and
WHEREAS, after examination of the nature
and anticipated usage of the proposed improve-
ments, the Board of County Commissioners has
determined that the following described proper-
ties shall receive a direct and special benefh
from these improvements, to wit
Lots 12 through 20, Block A. Lot 22,
Block A Lots 1, Block D; Lots 3 through
11,itelock D; Oslo Park Subdivision as _
rsebrded In Plat Book 4 Page 19 In the
puubllic� Records of Indian River County, ..
NOW THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN.
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rat -
fled In their entirety.
11 2. A project providing for paving and drainage
Improvements to 19th Avenue Southwest be-
tween 13th and 14th Streets Southwest, hereto-
fore designated as Public Works Project No.
8402. is hereby approved subject to the terms
outlined above and all applicable. teAuirements
of Ordinance 81-27 ' ; ,` ,. ' . - . '-• • ,'
The foregoing resolution was offered by Com-
missioner Who moved Its adoption. The
motion was seconded by Commissioner
and, upon being ,put to -a vote, the vote was as
+ . , . .. -
+,,9 Chairman Patrick B. Lyons
:r VI Chairman Don C. Schuriock;'Jr.
Commissioner Margaret C. Bowman *:
Commissioner Richard N. Birdl•.fn a cy
Commissioner William C. Wodtke Jr:
The Chairman thereupon declared the resolu-
ton duly passed and adopted this day of
1985. uo
v !,BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA •,•-,_ i
By—
PATRICK B. LYONS
Chairmen..4."..
Atest
FREDA WRIGHT. Clertk'Y :��'-, �i •:` ,l "i°, Fr :i
APPROVED AS TO FORM �' 'ti`i(•'. S?{4•�.' ;'i;;.
AND LEGAL SUFFICIENCY •Kr,,gw- a�:Vi� °F^
BY r.
County Attorney's Office Ito a. j,' R=q • . - . ,
60
RESOLUTION NO. -85-" `": - -'t •:
A RESOLUTION'OF THE BOARD'OF`"-
COUNTY COMMISSIONERS OF INDIAN .
RIVER COUNTY, FLORIDA, PROVIDING . "I
FOR CERTAIN PAVING AND DRAINAGE'. V
F IMPROVEMENTS TO • APPLE -WAY-144i
FORM 12TH STREET SOUTH APPROXI-' ;Yrs;
¢ ' MATELY 1125' L.F4 * PROVIDING THE • I
i'. ,TOTAL ESTIMATIED COST, METHOD OF: ;eA
PAYMENT -OF -ASSESSMENTS, NUM,,:
BER OF ANNUAL INSTALLMENTS, AND •:,j;j
LEGAL DESCRIPTION OF. THE AREA%y%t,
SPECIALLY'SENEFITED. h:,�
WHEREAS, the County Public Works Depart;"
ent has received a request for Improvements,,
signed by all of the owners! of -property in -the,,
area to be specially benefited, requesting paving
and drainage Improvements to Apple Way lron4.
rel feet: and 'r:y�•2•..-'..::•:.:.a7,.i:�,-`
1NNEREAS, the Board oCounty' Comn
lona has'' considered 'this request and •
determined` that It Is appropriate for the Cc
to undertake the requested Improvements
assess ane -hundred percent of the cost the
to the owners of orooerlies soeclaliv hensf
cost estimate Which indleates the -actual total'_
estimated cost'ol the proposed improvements to
-+WHEREAS,'the social -aseesment provided
hereunder shall,: for any given record owner of
property within -the area specially beneffted,'be
In an amount equal to % (12%%) of the acutal
cost of the project, and shall become due and,
payable at the office of the Tax Collector of In-
than River:County ninety (90) days after the gel
determination., and .of the special- assessment
pursuant to Ordinance 81-27; and and - '
'WHEREAS, any special assessment -noCpaid
Within said ninety(90) day period shall bear'in-
terest beyond the due date at a rate establish$t
by the Board of County'Commissioners at the
time of preparation of the final assessment rolf,
and shall be payable'ln two (2) equal Instafi-
ments, the first to be made twelve (12) months
form thei'due-date and the second to be made'
twenty-four (24). months from the due date; and :.
WHEREAS, after examination of the nature
and anticipated . useage of the proposed . tm-
provements, the Board of County Commislson-
em has determined that the following described
Properties shall receive a direct and special
benefit from these improvements. to wit • T i 1.
Lots 1 through 8, Apple Way Subdivision,540
�+ recorded IR the public recordsof In-
xydlan River County In Plat Book 9 Page 2 ' 's
+yl,aaI land noxi lying and being in Indian
River ugty = 'Florida., :NOW ,THERE -.p,1$;
FORE, BE IT REj50LVED ii, THE BOARD OF:
COUNTY -COMMISSIONERS OF INDIAN RIVER
COUNTY. FLORIDA, as follows;.-,_-,, 1 -
fled
fled In their entlrety ', I:,y;.,t,..i;{..i
2. A project providing for paving and drainage
Improvements to Apply Way from 12th Street
south approximately 1125 L.F., heretofore desig.
nated. as. Public .Works Project No. 8408, Is
hereby approved subject to the terms outlined
above and all applicable requires of Ordinance
The foregoing resolution was offered by Com=
missioner - • Who moved Rs adoption. The
motion was seconded by Commissioner
and, upon being put to a Vote, the vote was as
follows: •••4 +«� -
Chairman Patrick B. Lyons
Vice -Chairman Don C. Scurlock, -Jr. + •.'
Commissioner Margaret C. Bowman
Commissioner Richard N. Bird
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
Ion duly passed and adopted this -7,— day of
,1985. Y COM ., ,
BOARD OF COUNTY
OF INDIAN RIVER COUNTY, FLORIDA .
PATRICK B. LYONS ><I ^ r.,• ,Yi
Charlman
Attest ..-.�
FREDA WRIGHT, Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By ,
CHRISTOPHER J. PAULL ,.;.. .
Assistant County Attorney
PLEASE TAKE FURTHER NOTICE that at the
same public hearing, the Board of County Com-
missioners shall also hear all Interested person
regarding the proposed roll for the Improve.
ments described In the above resolution. The
Preliminary Assessment Roll and Petition Is cur.
renty on file with the Public Works Division and
to open for Inspection between the hours of 8:30
a.m, and 5:00 p.m., Monday through Friday. ' +
If a person decides to appeal any decision made
by the Commission with respect to any mater
considered at this hearing, he will need a record ,
of the proceedings, and that, for such purpose;
he may need to ensure that a verbatim record of.
the proceedings Is made, which record Includes
the testimony and evidence upon which the ap•-t
peal Is to be based. -
Indian River County
Michael Wright
County Administrator . ,: isrst3'•
May 13. 1969 ats:ud<
Michelle Terry, Chief, Road Design Section, made the
following presentation:
TO: DATE:
THE HONORABLE NIERS OF THE May 6, 1985
BOARD OF COUNTY COMMISSIONERS
THROUGH:
MICHAEL WRIGHT,
COUNTY ADMINISTRATOR
THROUGH:
James W. Davis, P.E.
Public Works Director
FRS "' Rei chelle A. Terry O�A
Chief;RDad
Design Section
SUBJECT: Public Hearing to Consider
Resolution Providing for the
Paving of 1st Street between
18th and 20th Avenues; 18th
Court between 6th and 8th
Streets; 19th Avenue S.W.
REFERENCESO.e'en13th and 14th Streets
S.W.; and Apple Way 1120
South of 12th Streets
DESCRIPTION AND CONDITIONS
Petitions have been received from property owners of the following streets:
1) 1st Street between 18th and 20th Avenues (Preliminary Cost
$19,400.34, 67% consent ) 1,447.40 front footage;
2) 18th Court between 6th and 8th Streets (Preliminary Cost $32,387.25,
67% consent) 2,324.90 front footage;
3) 19th Avenue S.W. between 13th and 14th Streets S.W. (Preliminary
Cost $16,340.41, 58% consent, See Board minutes dated July 12, 1985)
1,136.20 front footage;
4) Apple Way, 1,120' South of 12th Street (Preliminary Cost $19,696.25,
1000) 8 property owners will be paying 100% of total cost of pro-
ject.
Preliminary assessment rolls have been prepared for the paving and drainage
improvements. The total costs of these projects is approximately $87,824.25.
There is approximately $251,593.85 in the FY84/85 budget for Petition Paving,
Account No. 703-214-541-35.39.
Also advertisement of the Public Hearing and notifications to the property
owners has been performed.
M;��:��,ululall�l� : Y •RN: ►�� i� a �.
After consideration of the public input provided at the Public Hearing, it is
recommended that motions be made to:
1) Adopt resolutions, providing for the paving and drainage improve-
ments for each petition paving project, subject to the terns out-
lined in the Resolutions. The applicable interest rate shall be 1%
over the Prime Rate at the time the final assessment roll is ap-
proved.
2) Approve preliminary assessment rolls including any changes made as a
result of the Public Hearing.
3) Allocate $87,824.25 from the Petition Paving Account to fund this
work.
4) The Road and Bridge Department be notified to schedule_ construction,
probably in mid 1985.
61
JUN 51985 BOOK. 1 F'� j 10
JUN'. 5 1985
BOOK 61 PAUE 103
The Chairman opened the hearing on the petition paving
project for 1st Street between 18th and 20th Avenues and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
adopted Resolution 85-561, providing for the
paving and drainage improvements for Project
#8428 (1st St. between 18th and 20th Aves.);
approved the preliminary assessment roll, the
interest to be 1% over the Prime Rate at the -
time the final assessment roll is approved;
allocated $19,400.34 from the Petition Paving
Account for this work; and notified the Road
and Bridge Department to schedule construction.
62
W W W
RESOLUTION NO. 85- 56
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 1ST STREET'
BETWEEN 18TH AND 20TH AVENUES;PROVIDING
THE TOTAL ESTIMAIM COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
AND LEGAL DESCRIPTION OF
THE AREA SPECIALLY RENTED.
%MMAS, the County Public Works Department has received
a public improvement petition, signed by more than 2/3 of the owners of
property in the area to be specially benefited, requesting paving and
drainage improvements to 1st Street between 18th and 20th Avenues; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost esti-
mates has been completed by the Public Works Division; and
MHUMS, the total estimated cost of the proposed im-
provements is $19,400.34; and
MHU EAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially bene-
fited, be in an amount equal to that proportion of seventy-five percent
(750) of the total cost of the project which the number of lineal feet
of road frontage owned by the given owner bears to the total number of
lineal feet of road frontage within the area specially benefited, and
shall become due and payable at the Office of the Tax Collector of
Indian River County ninety (90) days after the final determination of
the special assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent(25o) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a rate
established by the Board of County Commissioners at the time of prepar-
ation of the final assessment roll, and shall be payable in two (2)
equal installments, the first to be made twelve (12) months from the
due date and the second to be made twenty-four(24) months from the due
date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County Commissioners
has determined that the following described properties shall receive a
direct and special benefit from these improvements, to wit:
Lots 3 through 8, Block C; Lot 1, Block F;
Lots 10 through 14, Block F; Moreland
Subdivision as recorded in Plat Book 4
Page 12 of the Public Records of Indian
River County, Florida
63
JUN 5 1985
BOOK F't+iC 10
JUN 5 1985 BOOK 6t
NOW THEREFORE, BE IT RESOLVED BY THE BOAM OF COUNTY
W41ISSIONERS OF IMIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 1st Street between 18th and 20th Avenues, heretofore designated
as Public Works Project No.8428, is hereby approved subject to the terms
outlined above and all applicable requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock Who moved its adoption. The motion was seconded by Commis-
sioner tiJo dtke and, upon being put to a vote, the vote was as
follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Boman Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5th day of June , 1985.
:'•� -Ib • •• *F, ID1•
• i� �+� �11 W • - I
PVMCK B. LYONS
Chairman
The Chairman opened the public hearing on the petition
paving program for 18th Court between 6th and 8th Streets and
asked if anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
adopted Resolution 85-57, providing for the
paving and drainage improvements for Project
#8422 (18th Court between 6th and 8th Sts.);
64
� a �
approved the preliminary assessment roll, the
interest to be 10 over the Prime Rate at the
time the final assessment roll is approved;
allocated $32,387.25 from the Petition Paving
Account for this work; and notified the Road
and Bridge Department to schedule construction.
RESOLUTION NO. 85-57
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 18TH COURT
BETWEEN 6TH AND 8TH STREETS; PROVIDING
THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF
THE AREA SPECIALLY BENEFITED.
WHEREAS, the County Public works Department has received
a public improvement petition, signed by more than 2/3 of the owners of
property in the area to be specially benefited, requesting paving and
drainage improvements to 18th Court between 6th and 8th Streets; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost esti-
mates has been ccopleted by the Public Works Division; and
WHEREAS, the total estimated cost of the proposed im-
provements is 32,387.25; and
WHEREAS, the special assessment'provided hereunder shall,
for any given record owner of property within the area specially bene-
fited, be in an amount equal to that proportion of seventy-five percent
(75%) of the total cost of the project which the number of lineal feet
of road frontage owned by the given owner bears to the total number of
lineal feet of road frontage within the area specially benefited, and
shall become due and payable at the Office of the Tax Collector of
Indian River County ninety (90) days after the final determination of
the special assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent(25%) of the total cost of the project; and
WHEREAS, any special assessment not paid, within said
ninety (90) day period shall bear interest beyond the due date at a rate
established by the Board of County Commissioners at the time of prepar-
ation of the final assessment roll, and shall be payable in two (2)
equal installments, the first to be made twelve (12) months from the
due date and the second to be made twenty-four(24) months from the due
date; and
65
JUN 5 1985
BOOK FGE 106
I JUN 51985
BOOKN.P,)
WI=M, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County Commissioners
has determined that the following described properties shall receive a
direct and special benefit frcm these improvements, to wit:
Lots 1 through 8, Block D; Lots 1 through 8,
Block A; Lots 1 through 8, Block C; Lots 1
through 8, Block B; Royal Poinciana Park
Subdivision Unit 3, as recorded in Plat
Book 5 Page 40 of the Public Records of
Indian River County, Florida
NOW nMREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FIARIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their'entirety.
2. A project providing for paving and drainage improve-
ments to 18th Court between 6th and 8th Streets, heretofore designated
as Public Works Project No.8422, is hereby approved subject to the terms
outlined above and all applicable requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock Who moved its adoption. The motion was seconded by Commis-
sioner Wo dtke and, upon being put to a vote, the vote was as
follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Comnissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
Passed and adopted this 5th day of June , 1985.
• r n a�- • • • rr .
B.
The Chairman opened the public hearing on the petition pav-
Ing program for 19th Ave. S.W. between 13th and 14th Sts. S.W.
and asked if anyone present wished to be heard. There were none.
ON MOTION by Commissioner Bowman, SECONDED by Commis-
sioner Wodtke, the Board unanimously closed the public
hearing.
66
� s �
Ms. Terry requested the Board to consider approving the
paving of the portion of roadway between 19th Ave. S.W. and 18th
Ave. S.W. Right now 18th Ave. generates a lot of bus traffic to
the Thompson Elementary School; 14th St. S.W. is a paved
surface, and the only portion that would be left unpaved is that
strip just north of Kelly Road (13th St. S.W.).
Public Works Director Davis clarified that what Ms. Terry is
referring to is a very short section of roadway which would link
two paved roadways and actually is more of a maintenance item. A
tremendous amount of traffic generated from the Oslo Park area
travels on 14th St. S.W. which was paved about three years ago,
and this would provide a continuous link from 27th Ave, to Oslo
Road to serve all of Oslo Park Subdivision. This would involve
about 200' of roadway and would be funded with funds from the
Road and Bridge account.
In discussion, it was agreed this was worthwhile and that it
should be dealt with by a separate Motion.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously adopted Res.
85-58, providing for the paving and drainage improve-
ments for Project #8402 (19th Ave. S.W. between 13th and
14th Sts. S.W.); approved the preliminary assessment
roll, the interest to be 1% over the Prime Rate at the
time the final assessment roll is approved; allocated
$16,340.41 from the Petition Paving Account for this work;
and notified Road & Bridge to schedule construction.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously authorized Road
8 Bridge to pave the portion of roadway between 19th Ave.
S.W. and 18th Ave. S.W. as recommended by the Public Works
Director, funding to be from the Road S Bridge account.
67
JUN 5 1985 aor U F� a �1
JUN 5 1985 �Q N FA'JF
RESOLUTION NO. 85- 58
•W• • •40N.,IDD ••'Jt • ••
• • It • ' •�• 11 I • ' M81•�Y• 1 • • 1
• I �7i It � ' SI
• ' •.• • 1 I on Lei• 1 • tit
••. 1 • t • • • 1 M • `i ISI
11: �I• • • • It D
1 W:M' ' • • 1 ' 9 I� �It
WHEREAS, the County Public Works Department has received
a public improvement petition, signed by more than a majority (but less
than 2/3) of the owners of property in the area to be specially bene-
fited, requesting paving and drainage improVements to 19th Avenue
Southwest between 13th and 14th Streets Southwest; and
WHEREAS, at the July 11, 1984 County Commission meeting,
the Board unanimously moved to initiate the requested improvements,
using the authority reserved to the Board in Section 25 of Ordinance
81-27, and authorized the Public Works Division to proceed with the
Project in accordance with the ordinance; and the design work including
cost estimates have been completed by the Public Works Division and the
total estimated cost of the proposed improvements is $16,340.41; and
WHEREAS, this resolution has been published in accordance
with ordinance requirements, and a public hearing conducted; and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially bene-
fited, be in an amount equal to that proportion of seventy-five percent
(75%) of the total cost of the project which the number of lineal feet
of road frontage owned by the given owner bears to the total number of
lineal feet of road frontage within the area specially benefited, and
shall become due and payable at the Office of the Tax Collector of
Indian River County ninety (90) days after the final determination of
the special assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County. shall pay the remaining
twenty-five percent(25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a rate
established by the Board of County Ccacmissioners at the time of prepar-
ation of the final assessment roll, and shall be payable in two (2)
equal installments, the first to be made twelve (12) months from the
due date and the second to be made twenty-four(24) months frcan the due
date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County Ccermissioners
has determined that the following described properties shall receive a
direct and special benefit from these improvements, to wit:
Lots 12 through 20, Block A; Lot 22, Block A
Lots 1, Block D; Lots 3 through 11, Block D;
Oslo Park Subdivision as recorded in Plat
Book 4 Page 19 in the Public Records of
Indian River County, Florida
M
M
JUN
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO*USSIONERS OF INDIAN RIVER COUN'T'Y, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 19th Avenue Southwest between 13th and 14th Streets Southwest,
heretofore designated as Public Works Project No.8402, is hereby approved
subject to the terms outlined above and all applicable requirements of
Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock Who moved its adoption. The motion was seconded by Commis-
sioner Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Ccmnissioner Richard N. Bird Aye
Canmi.ssicner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5th day of June , 1985.
The Chairman opened the public hearing on the petition
paving program for Apple Way south of 12th Street and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
Commissioner Wodtke asked what portion of the cost of this
paving the County is paying, and Public Works Director Davis
stated that that county is not funding any of the cost of this
particular project. In the three prior projects, the County is
69
5 1995 BOOK
jUN 5 1995 BOOK 61 FA,,F 111
funding 250 of the cost. He commented that actually the county
has a direct cost and an indirect cost; the materials are a
direct cost, and labor, equipment and engineering are indirect
costs.
Commissioner Wodtke asked a question re the previous
petition paving project on 19th Ave. S.W. and wished to know if
$16,000 is the total cost of that project. Director Davis
confirmed that it is, noting that is just one block.
Commissioner Wodtke felt if the County is paying 250 of the
$24.00 a foot cost, that would leave $9.00 per foot for each
property owner to pay, but Director Davis explained that some of
the property involved is not private property ownership frontage,
and, therefore, you can't equate front footage with lineal
footage.
Commissioner Wodtke discussed how costs have increased since
we started the petition paving program and noted that it appears
we now are making a charge for equipment, labor, engineering,
etc., he hoped the cost doesn't get so high it discourages the
property owners.
Director Davis felt that our costs now are very representa-
tive of what is actually going into the job, and we can justify
them.
Commissioner Bowman noted that all the projects differ in
some respect, and Director Davis confirmed that all are designed
separately, and shorter roads are a bit more expensive because of
the costs of the mobilization of all the equipment, labor, etc.
for the smaller job.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
adopted Resolution 85-59, providing for the
paving and drainage improvements for Apple Way
south of 12th Street; approved the preliminary
assessment roll, which assesses 100% of the cost
70
($19,696.25) to the owners of the benefited
properties; and notified the Road and Bridge
Department to schedule construction.
(Preliminary Assessment Rolls for all the above approved
projects are on file in the Office of the Clerk.)
RESOLUTION NO. 85- 59
A RESOLUTION OF THE BCS OF COUNTY
CUNIlffSSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO APPLE WAY
FROM 12TH STREET SOUTH APPROXIMATELY
1125 L.F.; PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF THE AREA SPECIALLY
BENEFITED.
WHEREAS, the County Public Works Department has received
a request for improvements signed by all of the owners of property in
the area to be specially benefited, requesting paving and drainage
improvements to Apple Way from 12th Street, running south approximately
1125 lineal feet; and
WHEREAS, the Board of County Canmissioners has considered
this request and has determined that it is appropriate for the County to
undertake the requested improvements and assess one -hundred percent of
the cost thereof to the owners of properties specially benefited,
pursuant to authority contained in Ordinance 81-27, and
WHEREAS, the Public Works Division has ccanpleted
preliminary design work including a cost estimate which indicates the
actual total estimated cost of the proposed improvements to be
$19,696.25; and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially bene-
fited, be in an amount equal to 1/8 (12;2-%) of the actual cost of the
project, and shall become due and payable at the office of the Tax
Collector of Indian River County ninety days after the final determi-
nation and of the special assessment pursuant to Ordinance 81-27; and
and
WHEREAS, any special assessment not paid within said ninety
(90) day period shall bear interest beyond the due date at a rate
established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in two
71
'JUN 5 195 BOOK FA„E
J
r -
JUN 51985
BOOK d PA,'E,11 �
(2) equal installments, the first to be made twelve (12) months from the
due date and the second to be made twenty-four(24) months from the due
date; and
WHEREM, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County Couni.ssioners
has determined that the following described properties shall receive a
direct and special benefit from these inprovements, to wit:
Lots 1 through 8, Apple Way Subdivision as
recorded in the public records of Indian
River County in Plat Book 9 Page 2 said
land now lying and being in Indian River
County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF MUM
CONlIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to Apple Way from 12th Street south approximately 1125 L.F.,
heretofore designated as Public Works Project No.8406, is hereby approved
subject to the terms outlined above and all applicable requirements of
Ordinance 81-27.
The foregoing resolution was offered by Commissioner Scurlock
Who moved its adoption. The motion was seconded by Commmis-
sioner Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 5th day of June , 1985.
0
72
0
B. LYONS
Chairman
Public Works Director Davis informed the Board that it is
anticipated that these roads will be completed within eight weeks
or so. He further wished to point out that on the second project
- 18th Court - there is a very short section of unpaved road in
this subdivision along four lots between 18th Ave. and 18th
Court, and Road & Bridge would like to pave that and connect it
up so they don't have to send a grader up there just for that
short section, which is about 2251.
also.
Administrator Wright agreed that he would recommend this
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
paving the section of 7th Street between 18th Avenue
and 18th Court with Road 8 Bridge resources so that
this short section can be taken off the grader
route.
ORDINANCE RE WASTEWATER TREATMENT SYSTEMS ON ORCHID ISLAND
The hour of 10:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
73
BOOK 1 FAGS 114
;Pring � 1995
' jUU s 1985
VERO BEACH PRESS -JOURNAL
L
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, ....
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
J� I
BOOK , F'°!1, r, 115
a
in the matter of
in the
ry Court, was pub-
lished in said newspaper in the issues of %- a
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. d
Sworn to and subscribed,before me this J!' ay of A.D. 19 O
vl
r F�_11p/ty i/K/U/�x�
(Clerk of the Circuit Court, Indian River C.-ouunty, Florida)
(SEAL) ;
PUBLIC NOTICE
The Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Hearing on Wednesday, June 5, 1985, at 10:30
a.m. in the County Commission Chambers, at the
County Administration Building, 1840 25th
Street, Vero Beach, FL 32960, to consider the
adoption of an ordinance entitled: ''
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, RELATING
TO WASTEWATER TREATMENT SYS-
TEMS EXISTING ON ORCHID ISLAND
WITHIN INDIAN RIVER COUNTY,FLORM
DA: PROVIDING 'SPECIAL 'EFFLUENY
LIMITS, DESIGN CAPACITY AND d'
SURGE CONTROL, FLOW MEASURE-,,,
MENT, MONITORING* REQUIREMENTS" "
AND COMPLIANCE DEADLINES, INCLU-
SION IN CODE, SEVERABILITY AND EF-
FECTIVE DATE.
If any person decides to appeal any. decision
made on the above matter, he/she will need a
record of the proceedings, and for suctr, pur-
poses, he/she may need to ensure that a'verba-
fim recprd' of the proceedinnggss is made, which
record includes `the testlmohy`irr esadence on
which the appeal is based.
INDIAN RIVER COUNTY, FLORIDA
r ` BOARD OF COUNTY COMMISSIONERS
PATRICK a. I_YONS, CHAIRMAN
Mev is. 1985 _
Utilities Director Pinto noted that the requirements set out
in this ordinance came from the Planning Department and are
needed to satisfy the Orchid Island Resource Management Plan
(originally Hutchinson Island Resource Management Plan).
Director Pinto recommended that the Board adopt this Ordinance,
which sets higher standards than our present criteria, and noted
that in the near future, staff would be back before the board
recommending that these same requirements be adopted for the
entire county.
Commissioner Bird asked how many systems will be affected.
Utilities Director Pinto noted that the South Beach systems
will be taken out of service and taken into the City; so, it
won't affect them. There are three on North Beach, and he
74
a � -
believed they may have to add some surge capacity. Everything
else is there. He strongly recommended the proposed require-
ments.
Commissioner Bowman inquired how much the required
modification might cost, and Director Pinto noted that it would
vary per plant so he could not say what the cost would be.
Administrator Wright explained that basically what we are
talking about is a holding tank, possibly a 20,000 gallon tank
for the biggest plant.
Commissioner Scurlock felt a good design would have had such
a tank in the first place.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-52 setting standards for wastewater
treatment systems on Orchid Island.
75
JUN 5 1995
eaaF. 6� P' ;UF 116
JUN 5 1985
BOOK
INDIAN RIVER COUNTY ORDINANCE NO. 85- 52
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA,, RELATING TO EXISTING OR PROPOSED
WASTEWATER SYSTEMS ON ORCHID ISLAND WITHIN
INDIAN RIVER COUNTY, FLORIDA; PROVIDING
SPECIAL EFFLUENT LIMITS, DESIGN CAPACITY
AND SURGE CONTROL, FLOW MEASUREMENT,
MONITORING REQUIREMENTS, AND COMPLIANCE
DEADLINES, INCLUSION IN CODE, SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the Hutchinson Island Resource Planning and
Management Plan requires that local governments within the planning
area adopt certain ordinances and standards by May 30, 1985, and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, desires to comply with the Hutchinson Island
Resource Planning and Management Plan by adopting the following
additional and supplemental requirements for wastewater treatment
plants located on Orchid Island within Indian River County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1.
SPECIAL EFFLUENT LIMITS
All wastewater treatment plants located on Orchid Island
within Indian River County shall, as a minimum, be designed to
achieve an effluent, prior to disinfection, of no more than 15 mg/l
biochemical oxygen demand (BOD5) and 15 mg/l total suspended solids
(TSS) on an annual basis. Where more stringent effluent limits are
required by the Indian River County Division of Utility Services or
the Florida Department of Environmental Regulation, the more
stringent requirements shall apply.
SECTION 2.
DESIGN CAPACITY AND SURGE CONTROL
All wastewater treatment plants located on Orchid Island
shall be designed to meet the following minimum requirements:
(A) Wastewater treatment plants of a design capacity of
less than 20,000 gallons per day are prohibited.
(B) Wastewater treatment plants of a design capacity of
76
L- JUN
M
50,000 gallons per day or less utilizing contact stabilization mode
for treatment are prohibited.
(C) All wastewater treatment plants shall have surge
control equaling 20% of the design capacity of the plant.
SECTION 3.
FLOW MEASUREMENT
All wastewater treatment plants located on Orchid Island
shall have a flow measuring device which will provide a record of
diurnal flow changes as well as total daily flows.
SECTION 4.
MONITORING REQUIREMENTS
All wastewater treatment plants located on Orchid Island
shall comply with the provisions of Florida Administrative Code
Chapter 17-19, but shall, as a mimimum, monitor for biochemical-
oxygen
iochemicaloxygen demand and total suspended solids within the effluent
through analysis of no less than one representative grab sample of
the effluent per week. This monitoring requirement is a minimum
and applies to all wastewater treatment plants regardless of size.
Where additional or more stringent monitoring is required under the
Florida Administrative Code, Chapter 17-19, or by the Indian River
County Division of Utility Services or the Florida Department of
Environmental Regulation, the additional or more stringent
monitoring shall be performed.
SECTION 5.
TIME LIMITATIONS
Existing wastewater. treatment plants located on Orchid
Island shall comply with
Sections 2 through 5 of this ordinance
within the following described deadlines:
(A) Compliance
with the effluent limits and design
capacity requirements shall
be accomplished within 180 days from
the effective date of this
ordinance.
(B) Compliance
with the surge control and flow
measurement requirements
shall be accomplished within 90 days from
the effective date of this
ordinance.
(c) Compliance
with the monitoring requirements shall be
accomplished within 60
days from the effective date of this
ordinance.)
77
5 1985
Boas A FIMI.; �. �
r—,.
BOOK � FA.r,F
JUN 5 1995
(1) The results from the monitoring requirements shall
be reported to the Florida Department of Environmental Regulation
and the Indian River County Division of Utility Services, utilizing
the monthly operating report forms approved by the Florida
Department of Environmental Regulation.
C, T, f� M 7 r% L T /_-
INCLUSION IN CODE
• This ordinance shall be incorporated into the Code of
Indian River County, Florida, and the word "ordinance" may be
changed to "section," "article," or other appropriate word and the
sections of this ordinance may be renumbered or relettered to
accomplish such purposes.
SECTION 7.
SEVERABILITY
If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of this section which can be given in
effect without the invalid provision or application, and to this
end, the provisions of this section are declared severable.
SECTION 8.
EFFECTIVE DATE
The provisions of this ordinance (No. g5_52) shall become
effective upon receipt from the Secretary of the State of Florida
of official acknowledgment that this ordinance has been filed with
the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 5th day.
of _ imp , 1985.
Approvea is
e•
and lei
/m. nranaen�urg,
ty Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIA IVER COUNTY, FLORIDA
eo
Patrick B.y ns,
Chairman
78
ASSESSMENT ROLL - CUL-DE-SAC 40TH AVENUE
The hour of 10:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 71&
in the
n • -///�//iris/Y?/�///�t7�,:'��/�
Court, was pub-
lished in said newspaper in the issues of
RECE1%'k_-U"'
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertir�e� erjt; and affiant further says that he has neither paid nor promised any person, firm
or corj)o,lation any,tiliocount, rebate, commission or refund for the purpose of securing this
m
advertiseent for pUblie`atjon in the said newspaper.
Sworn to and subscribed bbeiore.m this day of A.D. 19
,
JManage
t
qy:', �'• (Clerk of the Circuit Court, Indian River County, FI •' a)
PUBLIC NOTICE'OF COMPLETION ° F
OF ASSESSMENT ROLL .;.. ,
Please be advised that the Board of. County' „
Commissioners of Indian River County, Florida;
has completed a Preliminary Assessment Roll,"
which is on file in the office of the County Attor-
ney, apportioning the cost of the. following de -
so bed project amongst those properties specifl-
claily.benefited by the project. The Board will
hear comments from all interested persons- re-
garding the proposed assessment on June 6,.-::
1985, at 10:45 a.m.. In the County Commisslon
Chambers, at the County Administration .Bulld-
Ing,1840 25th Street, Vero Beach, FL 32960: .; °+ ri
Description of Improvements:
Construction of cul-de-sac at 40th Avenue and
14th Street.,
If any person, decides to appeal any decision
made on the above matter, he/she •wig need a.
record of the proceedings, and. for such pur-
poses, he/she may need to ensure that a verbs -
Alm record of the proceedings -Is made. which
record Includes the testimony, In evidence, on
which the appeal Is based.
INDIAN RIVER. COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
' PATRICK B LYONS CHAIRMAN
:May 17.:.1985.; w:,
Attorney Brandenburg informed the Board that Lot #16 has
changed hands and the new owners are Mr. and Mrs. Satterfield.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Scurlock, the Board unanimously
closed the public hearing.
79
JUN 5 1985 KOK U11
JUN 5 1.905 BOOK
ON MOTION by Commissioner Wodtke, SECONDED by.
Commissioner Scurlock, the Board unanimously
adopted Resolution 85-60 approving the final
assessment roll for the construction of the
40th Avenue cul-de-sac.
RESOLUTION NO. 85-60
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND LANDSCAPING IMPROVEMENTS TO 40TH
AVENUE AS IT INTERSECTS 14TH STREET;
PROVIDING FOR THE TOTAL COST OF THE
PROJECT TO BE ASSESSED AGAINST BENEFITED
PROPERTIES, METHOD OF ASSESSMENT, NUMBER
OF ANNUAL INSTALLMENTS AND LEGAL
DESCRIPTION OF THE AREA SPECIFICALLY
BENEFITED.
WHEREAS, Indian River County received a petition from those
property owners located along 40th Avenue from 14th Street to 12th
Street requesting the County. close 40th Avenue at the 14th Street
intersection and simultaneously construct a cul-de-sac; with the
property owners volunteering to pay by special assessment 100% of
the costs of the project, and
WHEREAS, the Board of County Commissioners at a regularly
scheduled public meeting considered the petition of the land owners
and determined that the petition met the requirements of Ordinance
No. 81-27, and by unanimous vote decided to proceed with the
project, and
WHEREAS, the Board of County Commissioners on July 18, 1984,
after proper notice and publication of ..their intent, adopted•
Resolution No. 84-50 providing for the closing and abandonment of a
60 -foot portion of 40th Avenue to enable* the construction of a
cul-de-sac, and
WHEREAS, the Board of County Commissioners, at a subsequent
meeting of the Commission, after receiving estimates from
contractors of the cost of construction, awarded contracts for the
performance of the work, and
80
WHEREAS, the project has now been completed and the final
payments have been made to the contractors;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. All applicable provisions of Ordinance No. 81-27 have been
met with respect to this project, and
2. The Board of County Commissioners of Indian River
County has reviewed and approved the cost of the project as set
forth in Exhibit "B" as constituting 100% of the cost of the
project, and
3. The Board does hereby assess 100% of the final cost of the
project to those property owners who are specifically benefited by
the project, and
4. The Board finds and determines that the most equitable and
reasonable way to apportion the cost of the project between those
properties specifically benefited is by assessing $297.95 per lot
for each lot along 40th Avenue between 14th Street and 12th Street,
as set forth more specifically in Exhibit "A" which is made a part
hereof and incorporated herein, and
5. The Board does hereby accept the project as completed, and
6. All assessments shall constitute a lien against the
properties assessed co -equal with the lien �of all State, County,
district and municipal taxes, superior in dignity to all other
liens, titles, and claims, until paid, from the date of adoption of
this Resolution. Said lien shall become due and payable at the
office of the -Tax Collector of Indian River County 90 days after the
date of adoption of this Resolution, and
7. Any special assessment not paid within the 90 -day period
shall bear interest from the due date at the rate of 11 % and
shall be payable in two equal installments; the first to be made 12
months from the due date, and the second to be made 24 months from
the due date, and
8. A copy of this final. assessment roll shall be delivered to
the Clerk and the determinations of special assessments made herein
shall be deemed final and conclusive.
81
JUN 5 1985�oo�
FF,- ?", I
JUN 5 1985 BOOK 6, 1 F'A'UE I?3
The foregoing resolution was offered by Commissioner
Wodtke who moved its adoption. The motion was seconded by
Commissioner Scurlock and, being put to a vote, the vote
was as follows:
Chairman Patrick B. Lyons Aye
Vice Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared Resolution No.
85-60 duly passed and adopted this 5th day of June 01
1985.
BOARD OF
OF INDIO
LE
ASSESSMENT ROLL
OUNTY COMMISSIONERS
.IVER COUNTY, FLORIDA
PROJECT:40th Avenue cul-de-sac METHOD: Property Owners
LOCATION: 40th Avenue and 14th Street 28 lots/$297`.95 per lot
Vero Beach, Florida 32960
SUBDIVISION: Phyl-Ann Terrace
PROPERTY OWNER(S)
ESTIMATED TOTAL
NAME AND ADDRESS
LOT #
COST PER LOT
David B. and Gladys R.
Tressler
1
$297.95
1210 40th Avenue
Norman and Doris A. Rosenbaum
2
$297.95
1220 40th Avenue
Donald G. and Ruth M.
Robinson
3
$297.95
Post Office Box 1651
William W. and Dorothy
S. Thompson
4
$297.95
1240 40th Avenue
Edward J. and Janice A. Rackowski
5
$297.95
1250 40th Avenue
Thomas D. and Alicia J.
White
6
$297.95
1260 40th Avenue
John S. and Lillian Ray
7
$297.95
1270 40th Avenue
Bruce L. and Catherine
C. Birnhak
8
$297.95
1310 40th Avenue
Gary M. and Alice Rita
Brandenburg
9
$297.95
1320 40th Avenue
82
� i t
Frank and Joyce Gentile 10 $297.95
1326 40th Avenue
John W. and Marlene J. Lang 11 $297.95
1336 40th Avenue
David A. and Deena H. Smith 12 $297.95
1346 40th Avenue
Richard A. Fiore
1356 40th Avenue
and
Betty L. Fiore
C/O Grace Hercun, 17 Village Drive
Heritage Village, Vero Beach
13
$297.95
Earl T. Spytek 14 $297.95
4201 Sixth Lane, S. W.
Janie L. Baker 15 $297.95
1365 40th Avenue
Don A. Satterfield 16 $297.95
1355 40th Avenue
Fred J. and Joseph Cianfrone 17 $297.95
1345 40th Avenue
Michael S. and Ethel L. Rosier 18 $297.95
1335 40th Avenue
Edward A. and Victoria A. Rubinski 19 $297.95
1325 40th Avenue
Ralph A. and Thelma L. Stogner 20 $397.95
1321 40th Avenue
Sharon L. Borrow 21 $297.95
1315 40th Avenue
Richard C. and Nancy E. Commarota 22 $297.95
1275 40th Avenue
Robert S. and Sally T. Jones 23 $297.95
Post Office Box 516
Salvatore and Angeline Nicotra 24 $297.95
1255 40th Avenue
Carmine W. and Anna Rizzo
25
$297.95
1245 40th
Avenue
Gerald J.
II and Frances E. Lustig
26
$297.95
1235 40th
Avenue
Sybilla M.
Bouse and Ann Marie McCrystal
27
$297.95
1225 40th
Avenue
William J.
and Jo Ann D. McCoy
28
$297.95
1215 40th
Avenue
83
L- JUN 5 1985
n �
BOOK C
r
JUN 5 1985
BOOK 61 rnu,c 125
EXHIBIT "B"
COST BREAKDOWN
(40th Avenue cul-de-sac - Phyl-Ann Terrace Assessment)
Location: 40th Avenue & 14th Street
Costs:
1. Paving - Dickerson of Florida, Inc. $5,949.64
2. Landscaping - Glenn & Mike's Landscaping 1,860.00
3. Engineering and administration
Overhead 137.40 x 1.3 178.62
Title search 140.00
Mail and legal advertising 51.85
2% collection charge 162.56
TOTAL $8,342.67*
* 100% assessment = $297.95 per lot
RESOLUTION TRANSFERRING AND AMENDING VILLAGE GREEN PHASE IV WATER
AND SEWER FRANCHISE - AGREEMENT RE WASTEWATER TREATMENT SERVICE
TO VILLAGE GREEN, PHASE IV
The hour of 11:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
84
W
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a /.14 6ri
in the matter of
In the
lished in said newspaper in the issues of -,;7g
1�
t
1%
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; hnd affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before m9his/=v4 Y , f A.D.
(B in ss Mana r)
-n,
(Clerk of the Circuit Court, Indian River County, lerida)
(SEAL),
PUBLIC NOTICE''
The Board of County Commissioners of Indian
River County, Florida, will conduct a Public
Hearing 'on Wednesday, June 5, 1985 at 11:0(
A.M. at the County; Administration Building
1840 -25th Street, Vero Beach, Florida 32980, it
consider the adoption of an ordinance entitled:
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS7OF TRANSFER -
y RINt3 ANU nmc,....... -
`NO. 80-88, .A WATER AND SEWER
FRANCHISE FOR VILLAGE GREEN"
PHASE IV (WEST) FROM R-ORIDA-AT
LANTIC ASSOCIATES, A NEW YORK
GENERAL PARTNERSHIP TO REAL
COR-VERO BEACH.ASSOCIATES A..
FLORIDA, GENERAL PARTNERSHIP
an `decish
If any., person decides to appeal Y
made on the above matter, he/she' will need
dkecord• of the PPooeedings, and for'such• P1
he/she may need to ensure that avert
tim. record of the proceedings s evidence!
record includes the testimony
which the appeal Is based. COMMISSIONER
`
BOARD OF COUNTY
,- OF INDIAN RIVER COUNTY. FLORIDA
PATRICK B. LYONS, CHAIN
Attorney Brandenburg reviewed the following memo:
TO: THE HONORABLE BOARD OF DATE: MAY 29, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINT6 SUBJECT: RESOLUTION FOR AMENDMENT
AND TRANSFER OF OWNERSHIP
FROM: JOANNE L. REIFF _OF RESOLUTION NO. 80-88
DESCRIPTION OF CONDITIONS
Resolution No. 80-88 was granted to Florida -Atlantic Associates for a
water and sewer franchise to serve Village Green Phase IV. Florida -
Atlantic Associates now wishes to transfer the ownership of that franchise
to Realcor-Vero Beach Associates, a Florida General Partnership, contingent
upon buyer closing the transaction.
The intent of this franchise as transferred will be to eliminate the
existing wastewater treatment process and connect to the County subregional
facilities.
Staff finds that the proposed owners meet all requirements of the
franchise.
RECOMMENDATIONS
Staff recommends that the Honorable Board of County Commissioners approve
-the Resolution for transfer of franchise ownership as amended.
85
JUN 5 1985 BOOK.
BOOK '61 F",;E 127
Attorney Brandenburg clarified that the Board authorized his
office to work on a negotiated settlement of some disputes that
exist between the County and the current owner of the franchise
of Village Green, and they have accomplished that with respect to
Phase V of the development, Village Green West, in that they have
negotiated a purchase arrangement and the new purchaser is
willing to accept this Resolution and enter into this agreement,
which he believed will resolve our wastewater dispute, and also,
hopefully, the litigation on-going re the gazebo and other
issues. The County Attorney recommended that the Board approve
the Resolution and the agreement with two minor changes to the
Resolution.
Commissioner Scurlock wished to add that Mr. Nelson and the
property owners have been outstanding in their cooperation and
the proposed purchasers were extremely cooperative as well.
Commissioner Bird asked how the franchise is related to the
improvements.
Commissioner Scurlock explained that the basic problem was
the existing owners, as well as any future purchaser, had a
difficult time coming up with the new $1,200 impact fees; so,
through the agreement a vehicle will be provided whereby the new
impact fees do not have to be paid all up front but rather a
certain amount of taps would be guaranteed in the first year and
then as new units turn over and new leases are entered into,
those impact fees can then be collected and passed on.
Commissioner Bird inquired as to the understanding about the
gazebo, etc., and Attorney Brandenburg informed the Board that a
representative of the new owners is here today, and they have
indicated they intend to build all the structures essentially
shown on the site plan.
Commissioner Scurlock commented that this was not extracted
from them; they offered to do it. He felt these improvements
would improve their relations with the community.
86
Commissioner Bird noted that, in other words, we have their
verbal promise, and this is not tied into the transfer of the
franchise. That was confirmed.
The Chairman asked if anyone present wished to be heard.
Attorney Sam Block came before the Board representing
Realcor of Vero Beach Associates and noted that less than a year
ago Realcor came before this Commission to ask for a franchise
expansion into this system, and they are the ones who purchased
Village Green #V, the unimproved land, and are putting up the
fine mobile home community called Countryside adjacent to this.
Attorney Block confirmed that they do have a contract that
addresses the issues Commissioner Bird asked about re the site
plan, and they do thank the county and the people who partici-
pated in trying to work this out. He felt it is the solution for
all rather than going to court where this undoubtedly would have
ended up.
Attorney Block then wished to point out part of the agree-
ment that is still blank - the deficiency that needs to be put in
to be brought current. They do not know what went on between the
owners and the county, but understand there are some interest
credits. They need to collect this at closing from the owner and
need to know that figure. Attorney Block requested the County's
cooperation in obtaining this figure since it will be turned over
to the county.
Attorney Brandenburg stated that we are having some
difficulty getting that figure, but staff is working on it now,
and he did not believe there are any surprises connected with it.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
Attorney Brandenburg then reviewed two changes in the
proposed Resolution:
87
JUS 5 1995 600. F} F$
JUN 5 1985
BOOK NG
Section XV, FRANCHISE FEE, Paragraph 1., should be reworded
as follows: "The Utility hereby agrees to pay to the County a
franchise fee in the amount of 6% of the Utility's gross receipts
(which includes the rate of return) or operating costs in the
event Utility does not have a rate schedule (or the sum of $500,
whichever is greater), derived from monthly service charges to
defray the cost of regulation and for use of County right-of-way
and public places. The Utility shall pay the 6% franchise fee
quarterly. Said fee shall be shown as a separate additional
charge on utility bills."
Attorney Brandenburg noted that the numbers for the two and
one half percent renewal and replacement account were not typed
with the correct symbol for the # and this should be corrected to
2-1/2o both under Section XV and Section XVI.
Attorney Brandenburg then informed the Board that the new
potential owner has requested that a new section be added on the
last page of the proposed.Resolution, as follows:
"It is expressly understood and agreed upon by and between
the Utility and the County that that certain agreement between
the Franchisee/Utility and the County, dated the 5th day of June,
1985, which is attached to this resolution shall be a part of
this resolution and incorporated herein and the terms of the
agreement and the franchise shall be construed consistently with
each other and read in pari materia so as not to be in conflict
or not construed independently from the other.
"The Utility shall be entitled to mortgage the real estate
within the Territory, the franchise granted hereby and/or
facilities and equipment used to operate the franchise, without
the consent of the County. Any mortgagee which shall later
acquire title to the real property, the franchise and/or such
facilities and equipment, through foreclosure, deed in lieu of
foreclosure or through a designee purchaser at any such
foreclosure sale, shall, at such mortgagee's option, auto -
88
M M W
matically become the franchisee of the franchise in the name,
place and stead of the Utility, and shall thereby be entitled to
operate the ,franchise."
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 85-61, transferring and amending
Resolution 80-88, Village Green, Phase IV (West),
Sewer and Water Franchise.
89
M
61- FAnF 130
l SUN,
BOOK
RESOLUTION NO. 85-61
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TRANSFERRING AND
AMENDING RESOLUTION NO. 80-88, A WATER AND SEWER
FRANCHISE FOR VILLAGE GREEN, PHASE IV (WEST), FROM
FLORIDA -ATLANTIC ASSOCIATES, A NEW YORK GENERAL
PARTNERSHIP TO REALCOR-VERO BEACH ASSOCIATES, A
FLORIDA GENERAL PARTNERSHIP
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
WHEREAS, Indian River County previously granted Florida -Atlantic
Associates a water and sewer franchise pursuant to Resolution No. 80-88 to
serve Village Green Phase IV, and
WHEREAS, Florida -Atlantic Associates now desires to transfer the
franchise to the purchaser of Village Green Phase IV (West), Realcor-Vero
Beach Associates, a Florida General Partnership, contingent upon buyer
closing the transaction.
NOW, THEREFORE, Resolution No. 80-88 is hereby amended to read:
SECTION I
This Resolution shall be known and may be cited as the VILLAGE GREEN
PHASE IV (WEST) WATER AND WASTEWATER SYSTEM FRANCHISE.
SECTION II
DEFINITIONS
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future, words in the plural number include the singular and vice versa.
The word "shall" is always mandatory.
(a) "County" is Indian River County Utility Services Department, a
Political subdivision of the State of Florida.
(b) "County Engineer" may be "County Administrator or County Utilities
Director".
(c) "Utility" is the Grantee of rights under this franchise, to wit:
REALCOR-VERO BEACH ASSOCIATES, A Florida General Partnership.
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County, Florida
outside the corporate limits of any municipality as the same is more
particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs, systems,
facility or other property, real or personal, used or useful or having the
present capacity for future use in connection with the collection,
obtaining, treatment, supplying and distribution of water to the public for
human consumption, fire protection, irrigation, consumption by residential,
business or industry, operation of sewage disposal plants and, without
limiting the generality of the foregoing, shall embrace all necessary
appurtenances and equipment and shall include all property, rights,
easements, licenses and franchises relating to any such system and deemed
necessary or convenient for the operation thereof.
(h) "Wastewater System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for the
future use in connection with the collection, treatment, purification or
disposal of wastewater effluent and residue for the public and without
limiting the generality of the foregoing definition shall embrace treatment
plants, pumping stations, intercepting sewers, pressure lines, mains,
laterals and all necessary appurtenances and equipment and shall include
all property rights, easements, and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential user's
property to the water and/or wastewater system in order to utilize the
Utility's services.
SECTION III
GRANTING OF FRANCHISE
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct, operate
and maintain a water and/or wastewater system as herein defined within the
described territory as herein provided and for these purposes to sell and
distribute treated water and/or wastewater within.the territory, and, for
these purposes to establish the necessary facilities and equipment and to
lay and maintain the necessary lines, pipes, mains and other appurtenances
BOOK �.6
II !N
1985
r-
, 'I
-JUN , 5 1985 BOOK oe) 3.
necessary therefore in, along, under and across the public alleys, streets,
roads, highway and other public places of the County; provided, however,
that the County reserves the right to permit the use of such public places
for and all other lawful purposes and subject always to the paramount right
of the public in and to such public places for a period of ninety-nine (99)
years.
2. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such regulations
shall not be inconsistent with the terms hereof.
3. The Utility shall supply the County with copies of its Department
of Environmental Regulation monthly operating reports and trouble reports,
if any.
4. The right is hereby reserved to the County to adopt, in addition
to the provisions herein contained and existing applicable resolutions or
laws, such additional regulations and increase fees and charges as it shall
find necessary in the exercise of the police power and lawful authority
vested in said County, provided that such regulations shall be reasonable
and not conflict with the rights herein granted -and not in conflict with
the laws of the State of Florida. The County shall have the right, but not
the duty, to inspect all construction or installation work performed.
5. Franchisee understands that the County is undertaking an
expansion of its utility systems and this is considered a temporary water
and sewer franchise. Franchisee shall connect to the County Wastewater
System within sixty (60) days of receiving a written notice by the County.
County shall not require Franchisee to connect to the County Water System
sooner than 1995, provided Franchisee maintains the quality and quantity of
its potable water system. The paragraph is to be construed consistently
with the Agreement between Franchisee and County attached hereto as
Exhibit C.
SECTION IV
TERRITORY/FRANCHISE AREA
The territory in which this franchise shall be applicable is all that
part of Indian River County, Florida, located within the following
described boundary lines, to wit:
See Exhibit "A" attached hereto and incorporated herein.
SECTION V
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility and
the County that the Utility shall save the County and members of the Board
harmless from any loss sustained by the County on account of any suit,
judgment, execution, claim or demand whatsoever resulting from negligence,
or intentional wanton, willful and reckless acts on the part of the Utility
in the construction, operation or maintenance of the water and/or
wastewater system under the terms of this franchise. The parties agree
that in the construction of this section, the claim of any person resulting
from negligence on the part of the Utility may be prosecuted directly by
such person against the Utility. The County shall notify the Utility
promptly after presentation of any claim or demand.
SECTION VI
CERTIFICATION OF COMPLIANCE
1. The Utility shall maintain and operate its water/wastewater plant
and system, and, render efficient service in accordance with the rules and
regulations as are or may be set forth by the Department of Environmental
Regulation and the Board from time to time, which shall include but not be
limited to "Construction Specification for Water Treatment/Distribution and
Sewage Treatment/Collection Facilities" promulgated by Indian River County
Utilities Department, July 1980, or as amended. The County shall require
the Utility to comply with the above standards. Prior to the issuance of a
construction permit, the Utility's project engineers shall certify to the
County that the design standards as set forth in said "Construction
Specifications" of Indian River Utilities Department, July, 1980, or as
amended, will be met by completion of the project as shown on the plans
submitted. The Utility shall cause said certification to be submitted to
the County along with the Florida Department of Environmental Regulation
applications and plans, for County review. Submission to the County for
review may occur simultaneously with submission of said documents to the
Florida Department of Environmental Regulation. Upon approval by the
county of the plant and system, a permit shall be issued to the Utility for
the construction thereof.
2. Prior to the issuance of a construction permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flow requirements have been met.
3. Upon the completion of all construction of the water and
wastewater treatment plants and distribution and collection systems, the
project engineer for the Utility shall certify, under seal, that the system
has been constructed substantially in accordance with the plans and
specifications previously approved and that the systems meet all of the
standards required by the County. The certification shall include
submission to the County of two sets of "as-built"(as defined by the
County) drawings, consisting of one set in reproducible vellums and one set
of regular blueline prints; and that the systems meet all of the standards
required by the County, including pressure and leakage tests, chlorination
and bacteriological tests, infiltration and exfiltration tests. Upon
receipt of certification from the engineer, the County will issue a letter
approving the construction of the water and wastewater systems. No service
JUN 5 1985 BOOK 611��;
rJUN - 5 19$5
BOOK F'hGE1a
is to be provided to customers until such time as the County issues a
letter of acknowledgment. The issuance of said letter shall not be
unreasonable withheld. The Utility shall grant necessary easements to the
County without charge to connect the water and/or wastewater system to the
County Master Water and/or Wastewater System together with such easements
as are necessary to provide access to the water and/or wastewater system,
where and if the County makes water and/or wastewater service available to
the project. The Utility shall pay a one thousand dollar ($1,000)
franchise application fee at the time of the submission of the franchise
application, and agrees to pay all other fees which may be applicable
during the operation of the system.
SECTION VII
CERTIFICATION OF OPERATIONS AND MAINTENANCE
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Department of
Environmental Regulation of the State of Florida and Indian River County
Utilities Department. The manner of treatment and distribution of water
and the manner of collection and disposal of wastewater shall at all time
be and remain not inferior to the quality standards for public water
distribution and public sewage collection and other rules, regulations and
standards now or hereafter adopted by the Department of Environmental
Regulation of the State of Florida, or other governmental body having
jurisdiction, including Indian River County.
2. The Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who must be
registered in the State of Florida.
SECTION VIII
UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
1. The Utility shall have the authority to promulgate such rules,
regulations, terms and conditions covering the conduct of its business as
shall be reasonable necessary to enable the Utility to exercise its rights
and perform its obligations under this franchise and to issue an
uninterrupted service to each and all of its consumers; provided, however,
that such rules, regulations, terms and conditions shall not be in conflict
with the provisions hereof or with the laws of the State of Florida and all
of the same shall be subject to the approval of the Board.
2. At all times herein where discretionary power is left with the
Board of County Commissioners, the Utility, before discretionary action is
taken by the Board of County Commissioners, can request said Board that a
group of arbitrators be appointed and such group shall consist of:
a) County Utilities Director
b) Utility Engineer
c) One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such recommendations are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
3. Any final decision the arbitrators or Board may have with respect
to this franchise can be appealed to the Circuit Court of Indian River
County by either party.
SECTION IX
DEDICATED EASEMENTS
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and
manholes and other fixtures laid or placed by the Utility for the water
and/or wastewater system shall be so located in the dedicated easements in
the County after approval by the County Engineer so as not to obstruct or
interfere with other uses made of such public places already installed.
The Utility shall, whenever practicable, avoid interfering with the use of
any street, alley or other highway where the paving or surface of the same
would be disturbed. In case of any disturbance of county -owned pavement,
sidewalk, driveway or other surfacing, the Utility shall, at its own cost
and expense and in a manner approved by the County Engineer, replace and
restore all such surface so disturbed in as good condition as before said
work was commenced and shall maintain the restoration in an approved
condition for a period of one (1) year. In the event that any time the
County shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County -owned right-of-way, the Utility
shall, upon reasonable notice by the County, remove, relay, and relocate
its fixtures at the Utility's expense. The Utility shall not locate any of
its facilities nor do any construction which would create any obstructions
or conditions which are or may become dangerous to the traveling public.
In the event any such public place under or upon which the Utility shall
have located its facilities shall be closed, abandoned, vacated or
discontinued, the Board may terminate such easement or license of the
Utility thereto; provided, however, in the event of this termination of
easement, the party requesting such termination shall pay to the Utility in
advance, its cost of removal and relocation of the removed facilities in
order to continue its service as theretofore existing, or the County shall
retain an easement not less than fifteen (15) feet in width for the benefit
of the Utility and its facilities.
CVPMTAM Y
SERVICE REQUIREMENTS
The Utility shall provide service within the franchise territory on a
non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
BOOK
UI 5 1985
BOOK F F. 137
SECTION XI
AVAILABILITY OF SERVICE
1. Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons within
the franchise territory making demand therefor, its public water and/or
wastewater system, and shall provide such demanding person with its
services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such service to such
demanding person. In the event the Utility fails to provide its services
and facilities as an water and/or wastewater system to any area within the
franchise territory within the time specified by the Board, then in such an
event, the County may, by resolution of the Board, limit, restrict and
confine the territory to that area then being serviced by the water and/or
wastewater system by the Utility or such greater area as the Board shall
determine; and thereafter, the territory shall be only the area set forth,
in the resolution adopted by the Board.
2. The Utility shall not be required to furnish, supply, install and
make available its public water and/or wastewater system to any person
within the franchise area unless the same may be done at such a cost to the
Utility as shall make the addition proposed financially feasible.
Financially feasible shall mean that a fair and reasonable rate of return
shall be realized by the Utility for all its services under this franchise;
that such rate of return on its rate base under efficient and economical
management. The burden of showing that prospective service to the area is
not financially feasible shall be the burden of the Utility.
SECTION XII
TRANSFER OF OWNERSHIP
1. The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to another nor transfer any rights under this
franchise to another without the approval of the Board. No such sale or
transfer after such approval shall be effective until the vendee, assignee
or lessee has filed with the Board an instrument in writing reciting the
fact of such transfer and accepting the terms of this franchise and
agreeing to perform all of the conditions thereof. In any event, this
franchise shall not be transferable and assignable until notice or request
for transfer and assignment shall be given by the Utility to the Board in
writing accompanied by a request from the proposed transferee, which
application shall contain information concerning the financial status and
other qualifications of the proposed transferee and such other information
as the Board shall require.
2. A public hearing shall be held on such request, of which notice
shall be given by publication in a newspaper regularly published in the
County at least one time not more than one month or less than one week
preceding such hearing. Certified proof of publication of such notice
shall be filed with the Board. The Board shall act within ninety (90) days
upon such request. The consent by the Board to any assignment of this
franchise shall not be unreasonably withheld.
3. The proposed transferee/assignee must meet the same requirements
and comply with the same rules and regulations as would be required of an
original applicant for a franchise.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or anticipated
customers and agrees not to provide water and/or wastewater service unless
adequate capacity is available at the time any new connection is made.
SECTION XIV
NOTICE OF ADJUSTMENT OF RATES
Upon the initial connection of any customer to the water/wastewater
system or upon the reconnection of any new customer to the water/wastewater
system, the Utility shall furnish, by mail, a notice setting forth the rate
schedule then in effect and further containing the following statement:
"The water/wastewater rates set forth herein
have been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution No. 85-61 as
amended. Said water/wastewater rates are subject to
adjustment pursuant to said Resolution upon proper showing by
the Utility. Said rates are also subject to adjustment in
the event the water/wastewater franchise is terminated
and Indian River County commences to furnish
water/wastewater service to your property."
SECTION XV
RATE SCHEDULE
1. The rates charged by the Utility for its service hereunder shall
at all times be compensatory and shall be fair and reasonable and designed
to meet all necessary costs of the service, including a fair rate of return
on the Utility's investment under efficient and economical management. The
Utility agrees that the County has the authority to enter into this
Franchise Agreement and the regulation of said Utility. Utility agrees
that it shall be subject to all authority now or hereafter possessed by the
County or any other regulatory body having competent jurisdiction to fix
just, reasonable and compensatory rates. When this franchise takes effect,
the Utility shall have authority to charge and collect, but not to exceed,
the schedule of rates set at a public hearing for that purpose which shall
remain effective until changed or modified as herein provided. In setting
said rates, the County shall be guided by the standards set forth in
Florida Statute 367.081 relating to the establishment of rates and charges.
In any event, the Utility shall always be responsible for justifying its
proposed rates and charges by the submission of accounting and engineering
BOOK a
L_ JUN 5 1985 J
JUN 51985
BOOK. 61 PAGE 139
data to the County Utilities Director. Rates and charges may be amended,
upon proper justification by the Utility. Other provisions of this
Ordinance deal with the mechanisms of the setting of rates and charges.
2. The Utility shall at any time, when requested by a consumer, make
y a test of the accuracy of any meter; prior, however, to any test being made
by the Utility, the sum of fifteen dollars ($15.00) shall be deposited with
the Utility by the party requesting such test. Such sum shall be returned
if the test shows the meter to be inaccurate in its delivery. If the meter
is inaccurate, the meter will be repaired or changed, and should the meter
reading calibrate too high, a billing adjustment will be made for no more
than the past six month's actual readings. Whenever it is necessary to
shut off or interrupt service for the purpose of making repairs or
installations, the Utility shall do so at such times as will cause the
least amount of inconvenience to its consumers and, unless such repairs are
unforeseen and immediately necessary, it shall give not less than five (5)
days' notice thereof to its consumers for non -emergencies.
3. (a) The approved rates of any utility which receives all or any
portion of its utility service from a governmental agency or from a water
or sewer utility regulated by the Board and which redistributes that
service to its utility customers shall be automatically increased or
decreased without hearing upon verified notice to the Board 30 days prior
to its implementation of the increase or decrease that the rates charged by
the governmental agency or other utility has changed. The approved rates
of any utility which is subject to an increase or decrease in the rates
that it is charged for electric power or the amount of ad valorem taxes
assessed against its property shall be increased and decreased by the
utility, without action by the Board, upon verified notice to the Board 30
days prior to its implementation of the increase or decrease that the rates
charged by the supplier of the electric power or the taxes imposed by the
governmental body have changed. The new rates authorized shall reflect the
amount of the change of the ad valorem taxes or rates imposed upon the
utility by the governmental agency, other utility or supplier of electric
power. Provisions of the subsection shall not prevent a utility from
seeking changes in rates pursuant to the provisions of subsection.
(b) Before implementing a change in rates under this subsection,
the utility shall file an affirmation under oath as to the accuracy of the
figures and calculations upon which the change in rates is based, and that
the change will not cause the utility to exceed the range of its last
authorized rate of return.
(c) If, within 24 months of an adjustment in the rates as
authorized by this subsection, the Board shall find that a utility did
thereby exceed the range of its last authorized rate of return, it may
order the utility to refund the difference to the rate payers. This
provision shall not be construed to require a bond or corporate undertaking
not otherwise required.
M
(d) Notwithstanding anything herein to the contrary, no utility
may adjust its rates under this subsection more than two times in any 12
month period.
CONNECTION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing held in
conjunction with public hearing held for setting the rates.
FRANCHISE FEE
1. The Utility hereby agrees to pay to the County a franchise fee in
the amount of six percent (6%) of the Utility's annual gross receipts
(which includes the rate of return) or operating costs in the event Utility
does not have a rate schedule (or the sum of five hundred dollars ($500),
whichever is greater), derived from monthly service charges to defray the
cost of regulation and for use of County rights-of-way and public places.
The Utility shall pay the 6% franchise fee quarterly. Said fee shall be
shown as a separate additional charge on utility bills.
2. The Utility shall supply the County with a copy of the Utility's
annual report and financial statements. All records and all accounting of
Utility shall be in accordance with the Uniform System of Accounts of the
National Association of Regulatory Utilities Commissioners and general
accepted accounting principles. Within ninety (90) days after close of
fiscal year, the -Utility shall submit financial statements prepared by a
CPA and in accordance with general accepting accounting standards and
NARUC. Upon demand by the Board the Utility will submit audited financial
statements certified by a CPA. Also, a letter from a CPA certifying that
the six percent (6%) franchise fee and the two and one-half percent
(2-1/2%) renewal and replacement account has been collected and disbursed
in accordance with the terms of this Agreement.
SECTION XVI
RENEWAL & REPLACEMENT ACCOUNT
Two and one half percent (2-1/2%) of the operating cost of the Utility
shall be placed in an interest bearing renewal and replacement account for
purposes of renewal and/or replacement of the capital assets of the water
and/or wastewater system of the Utility. Additionally, the Utility shall
initially fund said account with two thousand dollars ($2,000) which will
also be reserved for capital maintenance items. Interest shall accumulate
in said account until the account reaches ten thousand dollars ($10,000);
thereafter interest shall be paid to the Utility annually. Said funds
shall be used as a sinking fund and applied only for renewal and/or
replacement of the water and/or wastewater system by the Utility as the
need arises; the percentage required to be placed in the renewal and
replacement account may be amended after review by the County as necessary
to maintain a sufficient account balance taking into account the general
condition of the system. The County is granted the right to make necessary
`... SOS
BOOPVQF ,A
K
JUN
L
JUN 5 1985
BOOK 61 F;",;E .41
repairs using said funds in the event of default on the part of the Utility
in maintaining the quality standards established herein. In the event that
the County purchases the corporation's utility system pursuant to the
provisions of this franchise as stated above, then any funds in said
renewal and replacement account shall vest in the County.
SECTION XVII
INSURANCE
1. The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in, to wit:
Exhibit "B" attached hereto and incorporated herein.
2. The Utility shall cause the County to be duly notified by the
insurer in the event of any modifications or deletions of the insurance as
set forth in said Exhibit "B". Said amounts shall be adjusted by the
Utility, as shall be required from time to time by the Board in accordance
with good business practices as determined by safe business standards as
established by the Board for the protection of the County and the general
public and for any liability which may result from any action of the
Utility.
3. Said insurance shall co -name Indian River County as an additional
isured.
4. Certificate of insurance shall be filed with the County annually.
SECTION XVIII
CONSUMER COMPLAINTS
If any written complaint is filed with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said complaint.
If the Board finds reasonable cause does exist, the Board shall so notify
the Utility and request the Utility to satisfy or remedy such complaint.
If the Utility fails, within a reasonable time, to satisfy or remedy such
complaint or objection, the Board may review same according to the
provisions hereof. If the Board enters its order pursuant to such hearing
and the Utility feels it is aggrieved by such order, the Utility may seek
review of the Board's action by petition for Writ of Certiorari filed in
the Circuit Court of the County; otherwise the Utility shall promptly
comply with the order of the Board.
SECTION XIX
CHANGE IN RATE SCHEDULE
1. Should the Utility desire to establish rates and charges or
should the Utility desire to increase any charges heretofore established
and approved by the Board, then the. Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it proposes.
M
The Utility shall pay any rate structure review fee as the County may then
have in effect and shall furnish the County with all information requested
by the County that is pertinent to the proposed new rate schedule.
2. A public hearing shall then be held on such request, of which
notice shall be given by publication in a newspaper regularly published in
said County at least one time not more than one month or less than one week
preceding such hearing. Certified proof of publication of such notice
shall be filed with the Board.
3. Said hearing may thereafter be continued for a reasonable time as
determined by the Board. If the Board enters an order pursuant to such
hearing and the Utility feels aggrieved by such order, then Utility may
seek review of the Board's action by filing a petition for Writ of
Certiorari in the Circuit Court of the County. The Board shall act on the
rate request within ninety (90) days following the public hearing.
SECTION XX
CONSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application to
and obtain any required permits from the County authorizing said
construction in the same manner as permits are authorized in the County for
the use of the public roads as shall now or hereafter be established by
regulations of the County. The County shall have the right when special
circumstances exist to determine the time during which such construction
shall be done.
SECTION XXI
DEFAULT OF FRANCHISE
1. If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default.
2. If the Utility fails to remedy such deficiency or default within
a reasonable time, the Board may thereafter schedule a hearing concerning
the same with reasonable notice thereof to the Utility, and after such
hearing at which all interested parties shall be heard, the Board may levy
liquidated damages of no less than fifty dollars ($50) per day that said
deficiency or default exists from the date of said hearing held by the
Board; and the Board may further limit or restrict this franchise or
franchise territory or may terminate and cancel the same in whole or in
part if proper reasons thereby are found by the Board. If the Board enters
an order pursuant to such hearing and the Utility feels aggrieved by any
such order, the Utility may seek review of the Board's action by filing a
petition for Writ of Certiorari in the Circuit Court of the County.
JUN 5 1985
r.JUN- 51985
SECTION XXI I
RIGHTS OF LANDOWNERS
BOOK 1 P,'1, 43
Nothing in this franchise shall prevent landowners from exercising
their vested rights or privileges as set forth and contained in any license
issued to any utility heretofore granted by the Board pursuant to Section
125.42, Florida Statutes.
SECTION XXIII
CONTRACTUAL AGREEMENT
It is specifically agreed by and between the parties hereto that this
franchise shall be considered a franchise agreement between the Utility
and the County and as such a contractural instrument recognized under the
Statutes and Laws of the State of Florida. This franchise agreement is not
intended to create rights or actions running in favor of third parties,
except as herein specifically provided.
SECTION XXIV
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility shall
not be liable for the non-performance.or delay in performance of any of its
obligations undertaken pursuant to the terms of this franchise where said
failure or delay is due to causes beyond the Utility's control, including
without limitation, causes such as "Acts of God", unavoidable casualties,
labor disputes, etc.
SECTION XXV
EXECUTION OF FRANCHISE
If any word, sections, clause or part of this resolution is held
invalid, such portion shall be deemed a separate and independent part and
the same shall not invalidate the remainder.
SECTION XXVI
MISCELLANEOUS
It is expressly understood and agreed upon by and between the Utility
and the County that that certain agreement between the Franchisee/Utility
and the County, dated the 5th day of June, 1985, which is attached to this
resolution shall be considered a part of this resolution and incorporated
herein and the terms of the agreement and the franchise shall be construed
consistently with each other and read in pari materia so as not to be
not
in conflict or/construed independently from the other.
The Utility shall be entitled to mortgage the real estate within
the Territory, the franchise granted hereby and/or facilities and equip-
ment used to operate the franchise, without the consent of the County.
Any mortgagee which shall later acquire title to the real property, the
franchise and/or such facilities and equipment, through foreclosure,
deed in lieu of foreclosure or through a designee purchaser at any such
foreclosure sale, shall, at such mortgagee's option, automatically become
the franchisee of the franchise in the name, place and stead of the
Utility, and shall thereby be entitled to operate the franchise.
IN WITNESS WHEREOF, the Board of County Commissioners of Indian
River County, Florida has caused this franchise to be executed in
the name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County Commissioners
adopted on the 5th day of June , 1985.
Signed, sealed and delivered
in the presence of:
A
0
COUNTY OF INDIAN RIVER, FLORIDA
Patrick B. Ly n , Chairman
Board of Cou ty Commiss-.overs
Attest:
Clerk
'�
JUN
5 195 �oo� ��,,�:�. 144
r
JUN' S 1985
ACCEPTANCE OF FRANCHISE
BOOK ''_.� 4, 145
REALCOR-VERO BEACH ASSOCIATES, A Florida General Partnership, does
hereby accept the foregoing franchise, and for their successors and assigns
does hereby covenant and agree to comply with and abide by all of the
terms, conditions and provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this 31st day of
May , 1985.
WITNESS:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
REALCOR-VERO BEACH ASSOCIATES,
A Flor' General Partners i
By
Obert N. Hatfiel , Jr.
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared ROBERT N. HATFIELD, JR. , the
of REALCOR-VERO BEACH ASSOCIATES, A Florida General Partnership, and
acknowledged before me that he executed the foregoing instrument for the
uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this 31st day of May , 1985.
n
QjO,TARIAL SEAL)
j
Notary Public, State of Florida at Large
My Commission expires: 8/9/86
� r �
Attorney Brandenburg informed the Board that this entire
franchise and agreement are contingent on a successful closing,
which is scheduled for June 19th. He asked that the current
owner, Mr. Miller, come to the microphone and indicate whether he
has any objections to present.
Mr. Miller came before the Board and confirmed for the
record that he had no objections.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the agreement relating to the provision of waste-
water treatment services to Village Green, Phase IV
(West) by Indian River County and authorized the
signature of the Chairman.
90
JUN 5 19� Booa.
L_
JUN 5 1985
BOOK 61 F,, 147
AGREEMENT RELATING TO THE PROVISION
OF WASTEWATER TREATMENT SERVICES TO
VILLAGE GREEN, PHASE IV (WEST) BY
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, on September 10, 1980, approved Resolution
No. 80-88, granting a water and sewer franchise to FLORIDA -
ATLANTIC ASSOCIATES, a New York general partnership; and
WHEREAS, FLORIDA -ATLANTIC ASSOCIATES has operated a
water and sewer system serving Phase IV of a development known as
VILLAGE GREEN to the date of this Agreement; and
WHEREAS, FLORIDA -ATLANTIC ASSOCIATES now proposes to
sell its development to REALCOR-VERO BEACH ASSOCIATES, a
Florida general partnership, and assign and transfer any and all
rights under Resolution No. 80-88 to the purchaser; and
WHEREAS, a dispute has arisen between INDIAN RIVER
COUNTY; the current property owner, FLORIDA -ATLANTIC
ASSOCIATES; and the prospective buyer, REALCOR-VERO BEACH
ASSOCIATES, regarding:
(a) The County's right to require the development to
connect to the combined Indian River County public water and sewer
system, and
(b) In the event the development does connect, what
charges and fees would be imposed by the County and payable by the
owners of the development.
WHEREAS, the COUNTY and REALCOR-VERO BEACH
ASSOCIATES, hereinafter referred to as "DEVELOPER," now
desire to resolve the dispute, pursuant to this Agreement,
contingent upon DEVELOPER's acquisition of the project.
THIS AGREEMENT made this 5th day of June ,
1985, by and between INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY" and REALCOR-VERO BEACH ASSOCIATES, a general
partnership authorized to conduct business in the State of
Florida, hereinafter referred to as "DEVELOPER."
91
M r M
1. The foregoing recitals, constituting the preamble to
this Agreement, are adopted and ratified.
2. Both parties recognize that Resolution No. 80-88
required the franchisee to escrow with the County certain impact
charges, accruing under Section XV of the Franchise. Such charges
were levied pursuant to former Indian River County Ordinances Nos.
80-21 and 80-22. The account, as of June 5, 1985 should contain
$142,967.00 Currently, the account contains
•
$142,707.01 leaving a deficiency of $259.99 •
DEVELOPER shall, upon acquiring the project, bring the escrow
account current as of the date of closing on the project.
DEVELOPER hereby relinquishes any and all claims or rights
with respect to the escrow funds and agrees that INDIAN RIVER
COUNTY may immediately upon D.EVELOPER's closing on the
project use the funds for any legal purpose. DEVELOPER shall
also deliver to COUNTY a release, executed by
FLORIDA -ATLANTIC ASSOCIATES, forever releasing INDIAN ,RIVER
COUNTY from any and all claims FLORIDA -ATLANTIC ASSOCIATES
may have with respect to said escrowed funds.
3. DEVELOPER agrees that it will connect the
project to the COUNTY wastewater system within 60 days of
written notification from COUNTY to DEVELOPER.
DEVELOPER will pay the full cost of such connection, including
but not limited to engineering, construction of lines, lift
stations, and all other necessary appurtenances to the point of
connection determined by COUNTY.
4. DEVELOPER agrees to pay to COUNTY the Indian
River _County sewer impact fee for the project, as follows:
(for the purposes of this Agreement, one ERU
shall equal one mobile home unit)
A. The amount of the impact fee paid for each ERU
shall be -the impact fee adopted and in effect by County ordinance
at the time each ERU is required to pay, in accordance with the
Schedule provided in Paragraph B. The County wastewater impact
fee is currently $1,250.00. Both parties acknowledge that this
impact fee is subject to change by the adoption of the Board of
County Commissioners of an appropriate ordinance. All impact fee
92
L_ JUN 51985
BOOK 1 f'f,F�F 148
JUIN 5 1985 BOOK
payments shall be made to the COUNTY and placed into . a special
escrow account held in the COUNTY's name, entitled "Village
Green, Phase IV (West) Escrow Account."
B. DEVELOPER acknowledges approximately 100
vacant pads as of the date of this Agreement. DEVELOPER
agrees to pay to the COUNTY impact fees for each of the vacant
pads as occupied. In any event, DEVELOPER agrees to pay for
100 ERU's within 18 months of the date of this Agreement; whether
or not such pads are occupied.
_ C. DEVELOPER shall pay for each remaining ARU
as each existing occupied pad changes tenants --whether through. a
sale,. transfer, assignment, new lease, or any other arrangement.
D. In any event, one ERU shall be paid for each
pad in the entire development within ten years of the date of this
Agreement.
5. All impact fees paid, pursuant to Paragraph A
(above) shall be retained and, held by COUNTY in the "Village
Green, Phase IV (West) Escrow Account" until such time as the
project connects to the Indian River County combined wastewater
system, pursuant. .to Paragraph 3 (above), at which time all such
escrowed funds and -any -future impact fees to be paid, under this
Agreement, will be deposited in the "Impact Fee Trust Fund for the
Expansion of the Indian River County Sewerage System" and
available for any legal use by the COUNTY.
6. DEVELOPER agrees that the obligation to pay the
impact fees, under this Agreement, shall constitute a covenant
running with the land and shall be binding upon their successors,
heirs, assigns, transferees, and grantees of the property
benefiting from the provision of wastewater to the project, as -
described in Exhibit "A." This Agreement shall be recorded by the
DEVELOPER upon DEVELOPER's closing of the acquisition of
the project and recording of the deed. This Agreement shall be
recorded prior to any and all other encumbrances or liens on the _
property.
7. Failure to pay any impact fee installments within 90
days of when such installment is due shall, without notice or
other proceeding, cause all impact fee installments for the entire
93
project to be forthwith due and payable with interest at the rate
of ten percent per annum from the date of default; but if, before
the sale of the property at foreclosure, payment of the amount of
such delinquency shall be made with all penalties, interest,
costs, and attorneys' fees and accepted by COUNTY, further
installments of the principal shall cease to become due and
payable and shall be due and payable at the time at which same
would be due if such default had not occurred.
8. The obligation to pay impact fees under this
Agreement shall constitute a lien upon the property from the date
due and remain a lien until paid under this Agreement, superior in
dignity to all other liens, titles, and claims until paid. The
DEVELOPER recognizes and agrees that the COUNTY can
require the DEVELOPER to connect to the COUNTY's water
system. The COUNTY agrees that DEVELOPER shall not be
forced by COUNTY to connect to the Indian River County
combined water system until June
1995, ---unless
DEVELOPER fails to maintain the quality and quantity of 'the
existing potable water system in accordance with all applicable
laws of the Florida` Department of Environmental Regulation, Health
Department, and Indian "River County's Division of Utility
Services.
9. This entire Agreement is contingent upon
DEVELOPER acquiring Village Green, Phase IV (West) within 45
days of the date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their
hands and seal to be be set forth by their duly authorized
representatives.
Date June 5, 1985
Attest
Freda Wright, ..Clerk
BOARD OF C Y COMMISSIONERS
INDIAN COUNTY, FLORIDA
By
Patrick B. Ly s
Chairman
(Seal)
94
� JUN 198 $oo F ,er 1501
JUN 5 1985
Date May 31, 1985
Witness
'tness ;
Approve s to form
and le al ufficiency
M. Brandenbu g,
oul y Attorne ._.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOOK 6 F''.GE 5l
REALCOR- ERO BEACH
A I 4ES
By
Robert N. Hat eld, Jr.
I HEREBY CERTIFY that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared Patrick B.
Lyons and Freda Wright, to me known to be the Chairman and Clerk
respectively of the INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS, who executed the foregoing instrument on behalf
of the Board of County Commissioners and they acknowledged before
me that they executed the same.
WITNESS my hand and official sea in the County and State"'
last aforesaid this day of 11iur 1985.
My Commission Expires: Nota y P ic, Stat of,?W ridar at
Large,,
ic��Tk'gy Pl7B�IC STikTg OF FLORIER
_ NQ ►', -
MY COMMISSION EXPIRES JULY 0 1986
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared
ROBERT N. HATFIELD JR. and - to me
known to be the individuals, who executed the foregoing instrument
on behalf REALCOR-VERO BEACH ASSOCIATES, and he
before me that he executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this 31st day of May 1985.
My Commission Expires: Notary Public, State of Florida at
8/9/86 Large
95
UNITED WAY PRESENTATION
The Board reviewed memo of Administrator Wright, as follows:
TO: Patrick
Commis%
FROM: Michael Wright
County Administr
DATE: May 14, 1985 FILE:
SUBJECT: United Way Presentation
REFERENCES:
While the United Way is a worthwhile organization, I
would oppose any charity wanting to use County time to solicit
contributions. The United Way wants permission to conduct
an employee campaign for the County, to include a 20 minute
presentation to a select group of employees. This group
would in turn solicit their co-workers.
If the United Way is allowed to .use business hours to
solicit contributions, then how could the County refuse a
similar request from the American Cancer Society, Muscular
Dystrophy or any other charitable organization.
I have no problem with the distribution of literature
or the solicitation of funds after working hours. The County
staff has cooperated in this manner in the past.
However, in October, there will be more than 400 persons
working directly for the County Commission. When you start
allowing one or more charities to use working hours for their
collections, the productivity losses become sizeable.
Chairman Lyons explained that when the United Way came to
him and reported that the Administrator did not want to have
presentations made that way, he took the stand that this was a
matter for the Administrator,and whether he agreed or disagreed,
he would not put it on the agenda. However, the United Way had
the right to put this matter on the agenda themselves, and this
is where we are now.
Andrew Beindorf, President of United Way for 1985, came
before the Board and explained that what they are asking is to
have department heads or individuals who they can make a
presentation to and then they can relate it to their co-workers.
In 1982 and 1983 it was done this way, but it was not in 1984 and
96
'JUN 5 1985 BOOK . FA ;
er'C ��ad
r
1985
BOOK
61 FAGF
contributions fell about 50%.
Mr. Beindorf stressed
that the
agencies they support are here for all the residents of the
county.
Chairman Lyons pointed out that we do have payroll deduc-
tions for those who want to contribute.
Administrator Wright stated that his position is simply that
he has a no solicitation policy during county business hours for
anybody; it has nothing to do with the United Way.
Commissioner Bird asked how representatives of the various
departments would be picked, and Administrator Wright believed it
would have to be purely voluntary. He continued that what you
get into here is not just the twenty minute presentation, but the
representative goes back and you have a continual solicitation,
which he felt it is counterproductive. He further pointed out
that if this is allowed, we would have a difficult time turning
down anyone else who wished to solicit from the employees.
Commissioner Bird asked if the Administrator had any problem
with handling this through payroll deductions, and Administrator
Wright stated that he did not really agree with that either but
he wouldn't argue against it.
Commissioner Bird then asked if the Administrator had any
problem with these leaders or representatives, who are strictly
volunteers, organizing this thing and holding this twenty minute
briefing before business hours or after business hours or during
lunch hours.
Administrator Wright had no problem with that, but empha-
sized that his problem is solicitation of other employees by
these representatives; he felt that person, in effect, becomes a
solicitor for the United Way, and we need that person's time
working for us.
Commissioner Bird noted that he, of course, has been very
heavily involved with United Way, having been a former Chairman
and President, and he can report that this procedure is followed
at Piper Aircraft, at the City of Vero Beach, at the Hospital,
97
and in fact, by all the major employers' in the county. He did
not see it as having that much of a detrimental effect on the
normal workload of the employees involved. He noted that the
employee who is going to volunteer to do this certainly is not
going to jeopardize his job.
Administrator Wright continued to stress that this is just
one event, but it will compound itself - what about the people
who sell apples for the high schools, for instance?
Commissioner Wodtke left the meeting at 11:20 o'clock A.M.
to catch a plane.
Mr. Beindorf emphasized that West Palm Beach County has
2,200 employees who are participating in the program and Brevard
County has 800 who participated. All those working with the
United Way are volunteers and 98% of these funds go back to the
community.
Administrator Wright believed it cannot be denied that there
also is an intimidation factor involved in having such solicita-
tion at someone's work place.
Commissioner Bird stated that the only way this program can
work is for the bulk of the money to come through the business
community; and if every business in the County took this
attitude, United Way would fall flat on its face.
Administrator Wright noted that the Board knows how he feels
about this, but they certainly have the option to overrule him.
Commissioner Scurlock stated that he agreed with the
Administrator's stand, and Commissioner Bowman commented that she
felt this could really snowball because there are many agencies
in this county not covered by the United Way.
Charles Searcy, 1985 Campaign Chairman, pointed out that, on
the other hand, they do represent 25 agencies who will not have
to come back to the Board and make requests; they do not
represent any one special interest group. He emphasized that
there is a great need for these funds and most other counties
participate in this way.
98
Boos 61 F�„f 154
LAN51985
r- -
JUN
51985
BOOK
-7
Commissioner Scurlock did not believe
that this
is a matter
of non -participation; we do have payroll deduction and do pass
out the United Way pledge cards to the employees; but it is this
one step further that he objects to. He noted that he personally
would not want to be contacted in his workplace where he earns
his living, but he did not have any problem with payroll
deduction or the passing out of the literature. He did feel it
is bad policy to get involved with direct solicitation at the
workplace.
The Chairman informed those present that Commissioner Wodtke
submitted the following memo, indicating his support of the
once -a -year solicitation.
MEMORANDUM
TO: Board of County Commissioners
FROM: Commissioner William C. Wodtke, Jr.
DATE: June 5, 1985
SUBJECT: United Way
These are my thoughts on the United Way item (Item 9) on
today's agenda.
The United Way organization is a strong representative for
community-based operations. I have been closely associated with
this organization in the past, and I feel that it is proper for
us to cooperate with the United Way in allowing them to present
the needs of the Community, and their organizations.
I might suggest that we consider once -a -year presentations
be made by organizations, similar to United Way, to County
employee representatives at a scheduled time, not to exceed a
total of 30 minutes. This would allow equal access to our
employees.
Chairman Lyons commented that for many years the large firm
he worked for believed in the solicitation business and had very
active campaigns and he did not have any active opposition to it.
He did feel, however, that it is a personnel policy and would be
very loath to override the Administrator's decision in the
matter. He assured United Way that the County certainly would
99
M M
distribute their materials and continue to provide for payroll
deductions.
Commissioner Bird stated that he obviously would like to
make a Motion in support of the United Way's request, but it
appears he would not get a second for his Motion.
The representatives of the United Way thanked the Board for
allowing them the opportunity to present their feelings.
1984-85 ROAD RESURFACING PROGRAM
The Board reviewed the following recommendation of the
Public Works Director:
rO: THE HONORABLE MEMBERS cPATE: May 16, 1985 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Michael Wright
County Administrator SUBJECT: 1984-1985 Road
Resurfacing Program
FROM: James W. Davis, P.E. REFERENCES:
Public Works Directo
may:road resurfacing
DESCRIPTION AND CONDITIONS
During the FY 1984/85 Budget Session, the Board approved
$350,000 for Paving Materials. To expend these funds, the
Road and Bridge Department recommends that the attached
Resurfacing list be approved and that Dickerson, Inc. be
authorized to accomplish the work in accordance with IRC Bid
#216.
RECOMMENDATION AND FUNDING
It is recommended that the proposed FY1984-1985 Resurfacing
Program be approved. Funding to be from Account
111-214-541-35.31, Road and Bridge Department Paving
Materials Account (Unencumbered balance is approximately
$327,000).
ATTACHMENT
1)
Road and Bridge Dept. Resurfacing List - FY 84-85
100
JUN 51985 Boor, -1 fvu 156
Ln
-T-1
CO
ROAD & BRIDGE RESURFACING LIST ---- FY 84-85
DESCRIPTION WIDTH MILEAGE ACDF. LEVEL & CAP
ESTIMATED COST
57,600
36,000
36,000
18,000
36,000
4,800
72,000
7,200
36,000
4,800
12,000
500
TOTAL: $320,900
1
1. 4th Street from Old Dixie to 20th Avenue.
20
Feet
1.6
1
1/2
0
2. 69th Street from Lateral A, 1 mile West.
20
Feet
1.0
1
1/2
3. 90th Avenue from 16th Street canal to 8th Street.
20
Feet
1.0
1
1/2
4. 43rd Avenue from Tripson Trail to County line.
20
Feet
.5
1
1/2
5. 43rd Avenue from 26th Street, 1 mile North.
20
Feet
1.0
1
1/2
6. 23rd Street, S. W. from Sunrise Drive to 6th Avenue, S. W.
20
Feet
.2
1
7. CR 512 North from SR 60.
20
Feet
2.0
1
1/2
8. 1st Street from Old Dixie to U. S. #1.
20
Feet
.2
1
1/2
9. 8th Street from 27th Avenue to 43rd Avenue.
20
Feet
1.0
1
1/2
10. 14th Street from 13th Avenue to 16th Avenue.
20
Feet
.2
1
11. Elaine Street from Gibson St. to Havenview.
20
Feet
.5
1
12. Round Island.
$24,000 - 1" Cap --- Fund 111 Dept. 214-35-31, Balance as of April 30,
1985: $327,216.
til)
0
Hauling and spreading by approved mechanical spreader and finishing.
Type
II asphalt
concrete surface $40.75/ton; Dickerson, Florida (Stuart) IRC Bid #216,
August 28, 1984.
/ms
5-13-85
ESTIMATED COST
57,600
36,000
36,000
18,000
36,000
4,800
72,000
7,200
36,000
4,800
12,000
500
TOTAL: $320,900
1
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
approved the proposed FY 1984-85 Road Resurfacing
Program as recommended by the Public Works Director.
LETTER OF CREDIT - CENTRAL ASSEMBLY OF GOD
Planning Director Keating reviewed the following staff memo:
TO: Board of County Commissioners DATE: May 29, 1985 FILE:
SUBJECT: Letter of Credit -
Central Assembly of God
FROM: Robert M. Keating, AICP *REFERENCES:
Planning & Development Director
The letter of credit for $38,000 expires on June 10, 1985. The attached memo from
- Betty Davis outlines the work to be completed by that date. If the work isn't
completed, the letter of credit needs to be called by June 10, 1985. Your approval
of this action is necessary to call the letter of credit.
TO: Robert M. Keating, AICP DATE: , May 23, 1985 FILE:
Planning & Development Director
SUBJECT:
SITE INSPECTION
CENTRAL ASSEMBLY OF GOD
6767 20TH STREET
SUBJECT TO RELEASE OF
$38,000.00 LETTER OF
CREDIT TO INDIAN RIVER
COUNTY WARRANTING COMPLE-
TION OF SUBJECT SITE WORK
�'
FROM: Betty Davis REFERENCES:
Code Enforcement Officer
SP -82-03-055
.5ea- �Asos
On May 22, 1985, this department made a site inspection of the
above referenced property. Based upon the department's analy-
:k, sis, there are several construction items that do not appear to
conform to the approved site plan #SP -82-03-055, Central
Assembly. These items are listed below:
102
y
BOOK 6-1 Ff ;F
JUN 5195
BOOK if159
1) Paving
& Parking
a)
circular parking
area to front of church has
not been
constructed in
conformance with modified
plan
approved 8/2/84.
b)
the configuration
of the access drives of the western
parking lot area
are not as shown on 'the
approved
modified plan of
8/2/84.
c)
the farthermost
western parking area has
not been
constructed in
conformance with the
required
standards for stable
based grassed parking.
d)
the paved parking
depicted to the west
of the
sanctuary has not
been constructed.
e)
concrete pad has
not been constructed for
dumpster
as required.
2) Landscape
a) all trees depicted as existing on approved site plan
have been cleared from site.
b) required hedges as shown have not been installed.
c) mixed ground cover's as shown on plan have not been
installed
d) a portion of the trees which have been planted on the
site around the sanctuary appear to be dead.
e) all areas requiring grass do not have ground cover at
this time.
3) Drainage
a) swale and lake banks (erosion areas) have not been
.sodded or seeded.
b) endwalls for culverts have not been constructed as
depicted on approved plan.
c) 4" flow well in pond to east (pool of Bethesda) of
property is continually running causing pond to fill
and overflow into State Road 60 Canal.
Director -Keating commented that the Board had instructed
that the C.O. for this project be issued before total completion,
but, as listed above, there are items that still have not been
completed. The major problem is that the parking area is
stabilized but there is no sod. In addition the plan showed 113
trees on the site, but the citrus trees have been cleared, and
staff comes up with about 75 trees. There are several other
minor problems that staff has indicated can be corrected with
administrative approval when as-builts are submitted. Staff's
recommendation is to call the bond, and the Planning Director
wished to underscore that this is one of the reasons why staff
inspects the sites to be sure everything is completed before a
C.O. is issued.
Commissioner Scurlock realized that the Planning staff is
trying to follow the book, but he believed the Church did try to
comply and did put sod over the entire area, and what happened
103
M W M
was a terrible mess because when you turned a car, the grinding
motion of the wheels tore up the parking area. This particular
area is not meant to be a permanent parking area, and he believed
the Commission gave some discretion in this regard to Planning
staff in regard to non -permanent sales facilities. He did agree
that the trees are needed and must be put in.
Public Works Director Davis noted that the intent of the
ordinance when adopted was to allow infrequent use areas to have
grass parking; and grass parking was specified to prevent an
erosion problem. The intent was that grass on an infrequent use
type parking lot would have a week to rejuvenate and reestablish
itself. It appears what happened is that this is a large church,
and it goes beyond the "infrequent use" situation. Director
Davis sympathized but did not want a marl or shell lot that will
be a mess in the rainy season, and also erosion control is an
important measure to keep the drainage functioning properly. As
the church grows, he felt at some time they will have to have
some paved parking.
Commissioner Scurlock believed that the parking area is a
proposed future building site for an auditorium.
Reverend Buddy Tipton addressed the Planning Director's
statement that they haven't complied and stated that actually
there are 100 trees, which he proceeded to list by type. He
stated they will have another 25-30 cabbage palms put in to
replace the trees that they took out because they were killed by
the freeze.
Director Keating stated that yesterday staff counted about
75, but the plan did show many more trees than needed because it
showed all the citrus trees which have since been removed. He
noted that staff needs a revised plan, and Reverend Tipton
confirmed that they will have another plan drawn up.
Commissioner Bird inquired about the hedges, and Reverend
Tipton reported that they are in but for about a 50' strip across
the front.
104
L_ JUN 5 1985
Boor 1 FnE16
JUN 5 1995 BOOK s FA,;F
Director Keating pointed out that the ones up front have to
be at least 2' in height; these are not in yet, and it is six
months after the fact.
Chairman Lyons asked if we could continue the Letter of
Credit, and Administrator.Wright stated that the Church would
have to do that and the Commission would have to agree to it.
Reverend Tipton wished to know exactly what is left to be
done and also wished to know if they are required to put sod over
the parking area again. He informed the Board that they have
four trailer loads of sod coming in to put around the lakes. He
believed everything else is done.
Administrator Wright noted that staff is pursuing this
simply because these are the rules we are supposed to abide by.
Chairman Lyons agreed and noted we did make an exception so
they could get their Certificate of Occupancy before everything
was completed.
Discussion continued at length re the need to pave the
parking lot, the cost involved, and the fact that the Church
hopes to build an auditorium in that area within two years.
Various alternatives to paving or putting grass sod over the
coquina rock presently there were reviewed, including an asphalt
cap or some type of bonding sealer recommended by church member,
Rick Foster.
Chairman Lyons did not believe we can re-engineer this
today, and suggested that the Church be given a further extension
and we come back with a recommendation of what to do about roads
and parking lots. He felt possibly we should build in some
requirement in regard to their building in this area within two
years.
Administrator Wright noted we will have to extend the bond
or have it replace with a reduced bond.
Public Works Director Davis stated that he would be glad to
look at the spec on the bonder for the parking area and give them
an opinion.
105
M
Chairman Lyons asked the County Attorney how we maintain our
financial position, and Attorney Brandenburg stated that the
Commission could just require the church to replace the Letter of
Credit prior to expiration in an amount 200 over the estimate of
the Public Works Director for completion of the job.
Com. Bowman inquired about the 4" flow well on this property
and whether it has a valve. Rev. Tipton stated that it does, and
it is turned off.
Discussion followed as to a time frame to be allowed for the
new Letter of Credit, and it was felt ninety days should be
sufficient.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner, Commissioner Wodtke having left the
meeting, the Board unanimously (4-0) authorized
extension of the Irrevocable Letter of Credit from
the Central Assembly of God for a period of ninety
(90) days, provided that prior to June 10th the
Church obtains an estimate approved by the Public
Works Director of the amount of work remaining to
be completed on their site and provides the County
with a performance bond for 1200 of that amount; with
the further stipulation that if a new Letter of Credit
is not presented before the expiration date, staff has
authorization to call down the existing Letter of Credit.
INVESTMENT BANKING AGREEMENT WITH M. G. LEWIS & CO.
Attorney, Brandenburg recommended that the Board authorize
the execution of the Investment Banking Agreement with M. G.
Lewis & Co, regarding bond work for funding of additional space
for County facilities, a county golf course, and Phase 2 of the
landfill complex.
106
JUN 5 1985 BOOK -1 1 '
r -
JUN 51985
BOOK 61 PAGE 163
ON MOTION BY COMMISSIONER Scurlock, SECONDED by
Commissioner Bird, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
approved the Investment Banking Agreement with
M. G. Lewis & Co., Inc., and authorized the
signature of the Chairman.
MG,L0V1mS&C0-,y1NG.
INVESTMENT BANKERS
FIRST NATIONAL BANK BUILDING 369 NORTH NEW YORKAVENUE, SUITE301, WINTER PARK, FLOR/DA 32789 TELEPHONE(305) 647.1621
MAILING ADDRESS: POSTOFFICEBOX274a, WINTER PARK, FLORIDA 32790
INVESTMENT BANKING AGREEMENT
THIS AGREEMENT is entered into this 5th day of June I
1985, by and between M. G. Lewis & Co., Inc. (the 'Banker") and
Indian River County, Florida (the "County").
I. The,,County has under consideration a financing program
providing, among other. things, for the issuance of tax-exempt
bonds or notes or other evidences of indebtedness (the "Bonds") -
to finance the acquisition and construction of:
A. Additional space needs of the County;
B. A County -owned and operated golf course; and
C. Phase II at the County Landfill Complex.
II. The Banker is recognized as a qualified expert in the field
of municipal finance.
III. The County will retain a nationally recognized Bond Counsel
to render the legal opinion as to the validity of the Bonds and
other matters.
IV. Immediately upon approval of this Agreement by the parties
hereto, the Banker will:
1. Prepare a financing plan acceptable to the County relating
to the program enumerated above.
2. Assist in the preparation and review of the resolution
securing the Bonds, the Preliminary and Final Official
Statements, and such other documents and instruments
relating to the issuance of the Bonds as may be
appropriate.
3. Consult with the County with respect to pertinent terms of
the Bonds including, but not limited to, interest rates,
maturities, redemption provisions, sinking fund
installments and reserve requirements.
4. In the event that refunding bonds (the "Refunding Bonds")
are issued, the Banker will be responsible for all
computations with respect to yield on the Refunding Bonds,
yield on acquired Federal Securities and related matters
107
r � �
under Federal law, to assure compliance with Federal
arbitrage provisions, and will make those computations
available to Bond Counsel. The computations shall be
verified and certified by a nationally recognized firm of
certified public accountants.
5. Submit information with respect to the Bonds and related
matters to rating agencies and/or municipal bond insurance
companies.
6. Form, at the proper time, an underwriting syndicate or
selling group to underwrite the Bonds, and consult with
the County as to the membership of any syndicate or group
formed.
V. TheCountywill, with the assistance of the Banker:
1. Cause to be prepared bond resolutions and related
documents by which the Bonds will be issued and secured
and which will incorporate the principal provisions of the
financing plan.
2. Cause to be prepared Official Statements of the County
relative to the financing plan which will include, among
other things, a suitable description of the County and its
legal powers, a description of the projects for which the
- Bonds are being issued, the operations of the County and a
summary of all pertinent, provisions of the agreements
which will have a bearing on the security of the Bonds,
and which will be used as the offering documents in the
marketing of the Bonds, all as may be necessary to provide
full disclosure of all material facts in respect to the
County, the contemplated projects, and the Bonds.
3. Make available to the Banker a reasonable number of copies
of the above-mentioned documents and such other documents
and reports as may be required to properly market the
Bonds.
4. The Banker agrees to assist the County in all reasonable
ways in complying with the terms of this section.
VI. At such time as the underlying resolution, the Official
Statement and all other necessary documents and proceedings have
been determined by the County and the Banker to be satisfactory
in all respects for financing purposes, the Banker shall submit a
proposal to the County to purchase the Bonds. Such purchase
would be subject to the execution of a purchase contract between
the County and the Banker, the taking of all proper and legal
proceedings, including meetings of the Board of County
Commissioners of Indian River County (the "Board") to approve all
steps in connection with the underwriting of the Bonds, the
receipt of satisfactory tax rulings, if required, and legal
opinions, receipt of permits, licenses, or approvals as and if
necessary from all appropriate State and Federal regulatory
agencies, and satisfaction -o -f such other- terms -and conditions as
are usually included in similar undertakings. The proposal to
purchase the Bonds shall also be subject to the condition of the
securities markets generally not being such as to make it
undesirable in the Banker's estimation to offer the Bonds.
108
BOOK PAt F 164
r JUN 5 1985
BOOK ` `v j 1`15
VII. If, as part of the proposed financing program, a private
Placement is deemed desirable, the Banker, as private placement
agent, will undertake to negotiate the private placement of those
Bonds with a limited number of investors. Appropriate revisions
would be made to this Agreement.
1,
VIII. Nothing contained in this Agreement or in its acceptance
by the County shall be construed to constitute the Banker as an
employee, agent or consultant to the County, to establish a
fiduciary or confidential relationship between the County and --the
Banker or to limit or restrict in any manner the unqualified
right of the County to reject any recommendations, advice,
proposals or offer of the Banker, or as a delegation of any
powers, duties or obligations of the County.
IX. At the County's request, the Banker will further consult
with the County in regard to the financing of other projects
which may be contemplated by the County. -
X. If, after two working days from the receipt of a definitive
proposal from the Banker for the purchase of the Bonds from the
County, both parties, having negotiated in good faith for the
purchase and sale of the Bonds, fail to reach an agreement as to
the sale, purchase price or other pertinent terms and conditions
of the Bonds, then the County or the Banker may terminate this
Agreement with ten days' written notice to the other party and
all obligations shall terminate. So long as this Agreement is in
effect, both parties agree to negotiate in good faith.
XI. If, after the supporting financial and legal documents are
in final draft form acceptable to the County and the Banker, the
Banker does not submit a proposal to the County for the purchase
of the Bonds either independently or as manager of an investment
banking group within thirty (30) days after written request to do
so from the County, either the County or the Banker may terminate
this Agreement in writing to the other party and thereupon all
obligations hereunder shall terminate.
XII. The Banker shall be under no obligation to submit a
proposal to purchase the Bonds from the County if the County has
not fulfilled its obligations as enumerated under the terms of
this Agreement. _
IN WITNESS WHEREOF, the County and the Banker_have executed this
Agreement as of the date first written above.
Atte st::.= } h
Attest:
BOARD OF COUNTY COMMISSIONERS,
INDIA,1—RIVER COUNTY, FLORIDA
By
wcnairman •
Board of Co t Commissioners
By:
109
M. G. LEWIS & CO. , ,ANC.
mes L. sen
esident
TRI -PARTY AGREEMENT - HRS, SHERIFF AND COUNTY RE CHILD SUPPORT
ACTIONS
ON MOTION BY COMMISSIONER Scurlock, SECONDED by
Commissioner Bowman, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
approved the tri -party agreement between the State
Department of Health & Rehabilitative Services,
the Sheriff's Department, and the County re Child
Support actions and authorized the signature of the
Chairman.
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
CONTRACT FOR SERVICE OF PROCESS WITH THE
LOCAL GOVERNMENT OF Indian River COUNTY FLORIDA
BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
Indian River AND THE
COUNTY SHERIFF'S DEPARTMENT
THIS AGREEMENT is entered into by and between the State of
Florida, Department of Health and Rehabilitative Services,
hereinafter referred to as the "Department" and the Indian River
County Board of County Commissioners, hereinafter referred to as
the "County", and the Indian RiverCounty Sheriff's Department,
hereinafter referred to as the Sheriff".
I. The County and Sheriff Agree That:
A. Services
The Sheriff shall provide Original Service of Process
services and the county is to bill according to the conditions
specified in ATTACHMENT 11 PART A.
B. State and Federal Laws and Regulations
1. The Sheriff shall serve original service of process
according to Florida law.
2. The County and Sheriff shall conform to applicable
Federal law and regulations governing Title IV -D of the Social
Security Act.
(Said Agreement has been fully executed and received and
is on file in .the. 'Office of the Clerk)
110
JUN 5 1985 BOOK_
r-
. 51985
BOOK6,PAGE 16
RESOLUTION AMENDING RESOLUTION 85-36_($5,165,000 BOND ISSUE - SR
60 SEWAGE COLLECTION)
Attorney Brandenburg informed the Board that this
Resolution is required in order to make some minor amendments to
conform to the loan commitment; it does not involve anything of
major significance.
ON MOTION BY COMMISSIONER Scurlock, SECONDED by
Commissioner Bowman, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
approved Resolution 85-62 amending Resolution
85-36 re the issuance of $5,165,000 improvement
bonds (SR 60 collection system) as recommended
by the County Attorney.
111
RESOLUTION NO. 85-62
A RESOLUTION AMENDING A RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ENTITLED:
"RESOLUTION AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $5,165,000 IMPROVEMENT BONDS,
SERIES NO. 2, OF INDIAN RIVER COUNTY,
FLORIDA, TO FINANCE THE COST OF THE ACQUI-
SITION AND CONSTRUCTION OF CERTAIN SEWAGE
COLLECTION AND TREATMENT IMPROVEMENTS TO
THE COMBINED WATER AND SEWER SYSTEM OF THE
COUNTY; PROVIDING FOR THE RIGHTS OF THE
HOLDERS THEREOF AND PLEDGING FOR THE PAY-
MENT THEREOF THE PROCEEDS FROM SPECIAL
ASSESSMENTS FOR IMPACT FEES LEVIED AGAINST
PROPERTY SPECIALITY BENEFITED BY SUCH
IMPROVEMENTS; AND PROVIDING AN EFFECTIVE
DATE."
DULY ADOPTED ON MARCH 20, 1985, BY
MAKING CERTAIN TECHNICAL CORRECTIONS
TO CONFORM TO THE LOAN COMMITMENT BY
FLORIDA NATIONAL BANK WITH RESPECT TO
THE BONDS; AND PROVIDING AN EFFECTIVE
DATE.
BE. IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolu-
tion is adopted pursuant to Ordinance No. 83-46 of the County, as
amended, applicable provisions of Chapter 170, Florida Statutes
(1983), and other applicable provisions of lata.
SECTION 2. FINDINGS.
mined and declared that:
It is hereby ascertained, deter-
A. The Board of County Commissioners of Indian River
County, Florida (hereinafter called "Board"), on March 20', 1985,
duly adopted a resolution entitled:
"RESOLUTION AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $5,165,000 IMPROVEMENT BONDS,
SERIES NO. 2, OF INDIAN RIVER COUNTY,
FLORIDA, TO FINANCE -THE COST OF THE ACQUI-
SITION AND CONSTRUCTION OF CERTAIN SEWAGE
COLLECTION AND TREATMENT IMPROVEMENTS TO
THE COMBINED WATER AND SEWER SYSTEM OF THE
COUNTY; PROVIDING FOR THE RIGHTS OF THE
HOLDERS THEREOF AND PLEDGING FOR THE PAY-
MENT THEREOF THE'PROCEEDS FROM SPECIAL
ASSESSMENTS FOR IMPACT FEES LEVIED AGAINST
PROPERTY SPECIALLY BENEFITED BY SUCH
IMPROVEMENTS; AND PROVIDING.AN EFFECTIVE
DATE."
-1-
BOOK �'
F.,�,r.
JUN 5 1985
Fr'_
J. -UN 51985
BOOK U F'AGF 169
(hereinafter called "Resolution").
B. It is necessary and desirable to amend the
Resolution by making certain technical corrections to conform to
the loan commitment by Florida National Bank with respect to the
bonds.
SECTION 3. AMENDMENTS TO RESOLUTION. The Resolution is
amended in the following manner.
A. Section 11 of the Resolution is hereby amended to
read as follows:
"SECTION 11. PROVISIONS FOR REDEMPTION. Except as pro-
vided below, the Bonds are not subject to redemption prior to
their first interest payment date. On July 1, 1986, and on each
January 1 and July 1 thereafter, after providing for the payment
of interest on the Bonds on the next annual interest payment date
and principal thereof on the next amortization installment due
date as specified below, the County shall, from money on deposit
in the Improvement Fund, redeem Bonds or portions thereof as are
selected by lot, at a price of par and accrued interest to the
redemption date, to the extent necessary to exhaust the
Improvement Fund.
Principal amounts of the Bonds or portions thereof, to
be selected by lot, which shall be equal to the following man-
datory amortization installments:
YEARS AMOUNTS..
1987 $516,500.
1988 516,500
1989 516,500
1990 516,500
1991 516,500
1992 516,500
1993 516,500
1994 516,500
1995 516,500
1996 516,500
shall be redeemed on January 1 prior to their maturity (except
the installment maturing -in the year 1996) at the price of the
principal amount thereof, plus accrued interest, or be purchased
in the open market at a price not to exceed such redemption
price.
I
In addition, the Bonds or portions thereof, shall be
redeemable at any time, at the option of the County, in whole or
in part, by lot if less than all, at the price of the principal
amount thereof, plus accrued interest to the date of redemption.
At least 10 days prior to the redemption date, notice of
such redemption shall be filed with the paying agent and shall be
mailed, postage prepaid, to all Registered Owners of Bonds to be
redeemed at their respective addresses as they appear on the
registration books. Interest shall cease to accrue on any Bonds
duly called for prior redemption, after the redemption date, if
payment thereof has been duly provided. The privilege of
transfer or exchange of any of the Bonds is suspended for a 15
day period preceding the mailing of the notice of redemption."
B. Section 15 of the Resolution is hereby amended to
read as follows:
"SECTION 15. FLOW OF FUNDS; GENERAL COVENANTS. For so
long as any of the principal of and interest on any of the Bonds
shall be outstanding and unpaid, or until there shall have been
set apart in the Improvement Fund, Series No. 2, hereinafter
created, a sum sufficient to pay when due, the entire principal
amount of the Bonds remaining unpaid, together with interest
accrued or to accrue thereon, the County covenants with the
holders of any and all of the Bonds issued pursuant to this reso-
lution as follows, that:
A. IMPROVEMENT FUND, SERIES NO. ONE. The County shall
establish with Florida National Bank, Vero Beach, Florida, and
maintain so long as any of the Bonds are outstanding, a special
fund which is hereby created and designated 'Improvement Fund,
Series No. 2' thereinafter called 'Improvement Fund'). All money
received from the collection of Assessment installments shall
constitute trust funds and shall be deposited into the
Improvement Fund, after satisfaction of the provisions of the
resolutions authorizing the issuance -of the Prior Lien
Obligaticns. Such money on deposit from time to time in the
-3-
JUN 5 1985
BOOK 1 P-4., 70
BOOK 61 FACE 1 9 1
Improvement Fund shall be applied in the following manner and
order of priority:
1. First, for the payment of interest becoming due
and payable on the Bonds on the next interest payment date and
for the payment of all principal maturing on the Bonds on the
next principal maturity date and/or applicable redemption date
(to the extent Bonds have been called for prior redemption).
Such payments shall be adjusted to the extent required to pay
such interest and principal becoming due, after making allowance
for the amount of money which will be deposited into the
Improvement Fund from the proceeds of the sale of the Bonds imme-
diately following their delivery.
2. After the principal of and interest on all the
Bonds shall have been paid, or there shall have been set apart in
the Improvement Fund a sum sufficient to pay when due the entire
principal of the Bonds remaining unpaid and interest accrued or
to accrue thereon, any money remaining on deposit to the credit
of the Improvement Fund shall be withdrawn by the County and
deposited to the credit of its general fund or used by the County
for any lawful purpose.
All money on deposit from time to time in the
Improvement Fund shall be continuously secured in the manner by
which the deposit of public funds are authorized to be secured by
the laws of the State of Florida and may be invested and rein-
vested only in certificates of deposit or the Florida Gold
account, issued or maintained, as the case may be, by the Bank,
maturing or subject to redemption at the option of the holder not
later than the date on which the money therein will be needed.
Any and all income received by the County from such investments
shall be deposited into the Improvement Fund.
B. ENFORCEMENT OF PAYMENT OF ASSESSMENTS. The County
Will receive, collect and enforce the payment of the Assessments
in the manner prescribed by this resolution and all other
-4-
resolutions, ordinances or laws thereunto appertaining.
C. DELINQUENT ASSESSMENTS. If the owner of any lot or
parcel of land assessed for the Project shall be delinquent in
the payment of any Assessment for a period of 30 days, then the
County shall declare the entire unpaid balance of such Assessment
to be in default. and, at its own expense, shall cause such
delinquent property to be foreclosed in the same method now or
hereafter provided -by law for the foreclosure of mortgages on
real estate, or otherwise as provided by law. If such fore-
closure be not filed and prosecuted to completion within 10
months of the due date of the delinquent Assessment, then any
Registered Owner may file and prosecute such foreclosure action
in the name of the County for the benefit of the Registered
Owners of all outstanding or unpaid Bonds and interest thereon.
All money realized thereby, except attorneys fees and costs which
shall be paid directly to the Registered Owners that have
incurred the same, shall be deposited into the Improvement Fund,
after satisfaction of the provisions of the resolutions
authorizing the issuance of the Prior Lien Obligations, and
distributed as above provided. The County further covenants, at
its expense, to furnish to any Registered Owner requesting the
same, 60 days after the due date of each annual installment, a
list of all delinquent installments, together with a copy of the
County annual audit, and a list of any foreclosure actions in
progress and the current status of the same.
D. FORECLOSURE OF ASSESSMENT LIENS. If any property
shall be offered for sale for the non-payment of any Assessment,
and no person or persons shall purchase the same for an amount
equal to the full amount due on the Assessment (principal,
interest, penalties and costs, plus attorneys fees, if any), the
property shall then be purchased in the name of the County for an
amount equal to the balance due on the Assessment (principal,
interest, penalties and costs, plus attorneys fees, if any), and
the County shall receive in its corporate name the title to the
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JUN 5 1995 BOOK
L
41
JUN • 5 1985 BOOK 61 PAUGE.1 3
property for the benefit of the Registered Owners and the holders
of the Prior Lien Obligations. The County shall have the power
and shall lease or sell such property, and deposit all of the net
proceeds of any such lease or sale into the Improvement Fund,
after satisfaction of the provisions of the resolutions
authorizing the issuance of the Prior Lien Obligations for an
amount not to be less than the balance previously due on the
Assessment (principal, interest, penalties and costs, plus attor-
neys fees, if any). Not less than 10 days prior to the filing of
any foreclosure action as herein provided, the County shall cause
written notice thereof to be mailed to any designated agents of
the Registered Owners. Not less than 30 days prior to the pro-
posed sale of any lot or tract of land acquired by foreclosure by
the County, it shall give written notice thereof to such
representatives. The County agrees that it shall be required to
take the measures provided by law for sale of property acquired
by it as trustee for the Registered Owners within 30 days after
the receipt of the request therefor signed by the Registered
Owners of 15% of the aggregate principal amount of the
outstanding Bonds.
E. OTHER OBLIGATIONS PAYABLE FROM ASSESSMENTS. The
County will not issue any other obligations payable from the pro-
ceeds of the Assessments nor voluntarily create or cause to be
created any debt, lien, pledge, assignment, encumbrance or other
charge upon the Assessments.
F. BOOKS AND RECORDS. The County shall keep books and
records of the collection of the Assessments, which such books,
records and accounts shall be kept separate and
apart
from all
other books, records and accounts of the County. The Clerk of
the Board shall, at the end of each Fiscal Year, prepare a writ-
ten report setting forth the collections received, the number and
amount of delinquencies, the proceedings taken to enforce collec-
tions and cure delinquencies and an estimate of time for the
conclusion of such legal proceedings. Such report shall be
-6-
W
audited by the certified public accountants of the County as part
of the annual County audit. Copies of such reports shall upon
written request be mailed to the Registered Owners or if the Bank
shall then be the Registered Owner of any of the Bonds, a copy of
such report shall be mailed to the Bank without request therefor.
In addition, if the Bank shall then be the Registered Owner of
any of the Bonds, the County shall notify the Bank, at least
quarterly, of all releases of Assessment liens subsequent to the
date of the prior notice.
G. GOVERNMENT APPROVALS. The County shall obtain all
necessary federal, state and local government approvals necessary
for the acquisition and construction of the Project and the
issuance of the Bonds.
H. ARBITRAGE. No use will be made of the proceeds of
the Bonds or the funds on deposit, from time to time, in the
Improvement Fund which, if reasonably expected on the date of
issuance of the Bonds, would cause the Bonds to be 'arbitrage
bonds' within the meaning of the Internal Revenue Code. The
County at all times while the Bonds and the :interest thereon are
outstanding will comply with the requirements of Section 103(c)
of the Internal Revenue Code and any valid and applicable rules
and regulations of the Internal Revenue Service.
I. FUNDS AND ACCOUNTS. The designation and establish-
ment of the various funds and accounts created herein does not
require, the establishment of any completely independent, self -
balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to consti-
tute an earmarking of certain revenues and assets of the County
for certain purposes and to establish certain priorities for
application of such revenues and assets as provided herein.
J. REMOVAL OF ASSESSMENT LIENS. Any owners of property
Gubject to the Assessments may, at their option, require the
County to release and extinguish the liens upon their property,
or portions thereof, by virtue of the levy of the Assessments, by
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Jt1I� i9�5 BOOK ' PAGE 1 4
'I JUN 51985
BOOK Fr:;E 175 .
depositing with the Clerk of the Board, Federal Securities, the
principal of and interest on which shall be sufficient to pay the
Assessments or the installments thereof, as the case may be,
attributable to such property owners and the property to be
released from such liens. Upon receipt of such Federal
Securities, the Clerk of the Board shall forthwith record in the
Official Records of the County an affidavit or affidavits, as the
case may be, executed by the Chairman of- the Board, to the effect
that sufficient security has been deposited with the County in
order to insure timely payment of the applicable amounts of the
Assessments or the installments thereof, as the case may be, and
that such Assessment liens are thereby released and extinguished.
All principal and interest received from such Federal Securities
on deposit with the Clerk of the Board shall be deposited, as
received, into the Improvement Fund, after satisfaction of the
provisions of the resolutions authorizing the issuance of the
Prior Lien Obligations."
C. Section 16B of the Resolution is hereby amended to
read as follows:
"B. The County hereby covenants that it will establish
with Florida National Bank, Vero Beach, Florida, a separate fund
or funds (hereinafter collectively called 'Construction Fund')
into which shall be deposited the remaining proceeds from the
sale of the Bonds. As long as the unspent proceeds from the sale
of the Bonds on deposit in the Construction Fund, together with
any expected investment income to be derived therefrom, are suf-
fic;ient to pay, when due, the cost of the Project, money in the
Construction Fund shall be expended to pay the cost of the
Project. If such funds are ever expected to be insufficient for
such purposes, then the County shall not further expend any money
on deposit in the Construction Fund to pay Project costs until
the County shall deposit into the Construction Fund, from the Non
Ad Valorem Funds, an amount, together with any expected invest-
ment income to be derived therefrom, necessary to cure such
deficiency. However, this provision shall not be construed in a
manner to create a lien upon or pledge of any of such Non Ad
Valorem Funds or prevent the County from hereafter pledging any
portion of such Non Ad Valorem Funds.
Money in the Construction Fund shall be secured by the
depository bank in the manner prescribed by law relating to the
securing of public funds. The money on deposit in the
Construction Fund may be invested and reinvested only in cer-
tificates of deposit or the Florida Gold account, issued or
maintained, as the case may be, by the Bank, which shall mature
or be subject to redemption on or prior to the date on which
money shall be needed therefrom. The earnings from any such
investments shall be deposited into the Construction Fund.
Any money remaining in the Construction Fund after all
costs of the Project have been paid shall be used by the County
for any lawful purpose.
All money deposited in the Construction Fund shall be
and constitute a trust fund created for the purposes stated
herein, and there is hereby created a lien upon such Fund in
favor of the Registered Owners until the money therein has been
applied in accordance with this resolution."
D. Section 18 of the Resolution is hereby amended to
read as follows:
"SECTION 18. DEFEASANCE. If at any time the County
shall have paid, or shall have made provision for payment of, the
principal, interest and redemption premiums, if any, with respect
to the Bonds, then, and in that event, the pledge of and lien on
the Assessments in favor of the Registered Owners shall be no
longer in effect. For purposes -of the preceding sentence, depo-
sit of Federal Securities or bank certificates of deposit fully
secured as to principal and interest by Federal Securities (or
deposit of any other securities or investments which may be
authorized by law from time to time and sufficient under such law
JUN 5 1985 BOCK F^F 176
JUN 5 I985 r C 17 7
d
600K � `'°�.Gr -7
to effect such a defeasance) in irrevocable trust with a banking
institution or trust company, for the sole benefit of the
Registered Owners, the principal of and interest on which will to
sufficient to pay, when due, the principal, interest, and redemp-
tion premiums, if any, on the outstanding Bonds, shall be con-
sidered 'provision for payment.' Nothing in this section shall be
deemed to require the County to call any of the outstanding Bonds
for redemption p prior to maturity pursuant to any applicable
optional redemption provisions, or to impair the discretion of
the County in determining whether to exercise any such option for
,_:arly redemption."
SECTION 4. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the provisions herein contained shall be held
contrary to any express provision of law or contrary to the
Policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
invalid, then such provisions shall be null and void and shall be
deemed separable from the remaining provisions and shall in no
way affect the validity of any of the other provisions hereof.
SECTION 5. REPEALING CLAUSE. All resolutions or parts
thereof of the Board in conflict with the provisions herein con-
tained are, to the extent of such conflict, hereby superseded and
repealed.
SECTION 6. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
The foregoing resolution was offered by Commissioner Scurlock
who moved its adoption. The motion was seconded by Commissioner
Bowman and, upon being put to a vote, the vote was as
follows:
Patrick B. Lyons, Chairman Aye
Don C. Scurlock, Jr., Vice Chairman Aye
Richard N. Bird Ave
William C. Wodtke, Jr, Absent
Margaret C. Bowman Ave
t.
3
RESOLUTION N0. 85-62 (Page 11 of 11)
The Chairman thereupon declared Resolution No. 85-62
duly passed and adopted this 5th day of June, 1985.
Attest: . d �h
Freda r g t, 1CAerk
Approved as to form and
legal sufficiency:
a M. Branaenbur
o ty Attorney ,
BOARD OF COUNTY COMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
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JUN 5 1985 BOOK 61 rA' J78
-7
r711 iN 1985BOX 61 ?Ad. 1
RESOLUTION AWARDING $5,165,000 BOND ISSUE TO FLORIDA NATL. BANK
ON MOTION BY COMMISSIONER Scurlock, SECONDED by
Commissioner Bowman, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
approved Resolution 85-63 awarding the $5,165,000
Improvement Bonds for the SR 60 collection system
to Florida National Bank, Jacksonville, Fla.
112
r
RESOLUTION NO. 85-63
A RESOLUTION AWARDING $5,165,000 IMPROVEMENT
BONDS, SERIES NO. 2, OF INDIAN RIVER COUNTY,
FLORIDA, AT NEGOTIATED SALE TO THE PURCHASER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a resolution (hereinafter called 'Resolution")
of the Board of County Commissioners (hereinafter called
"Governing Body") of Indian River County, Florida (hereinafter
called "Issuer"), duly adopted on March 20, 1985, authorized the
of not exceeding $5,165,000 Improvement Bonds, Series No. 2
(hereinafter called "Bonds"), to provide for the acquisition and
construction of certain sewage collection and treatment improve-
ments in the unincorporated area of the Issuer; and
WHEREAS, the Bonds were validated and confirmed by final
judgment of the Circuit Court, Nineteenth Judicial Circuit, in
and for Indian River County, Florida, and the appeal period has
expired; and
WHEREAS, the complex character of the issuance of the
Bonds requires lengthy and detailed structuring which could be
unreasonably restricted by the lack of flexibility at public
sale; and
WHEREAS, special assessment bonds normally do not
generate sufficient interest in the municipal bond market to
justify offering them at public sale; and
WHEREAS, a negotiated sale of these Bonds will result in
then most favorable bond financing plan and is in the best
interest of the Issuer; and
WHEREAS, the Issuer has received from the State Board of
Administration, State of Florida, authority to sell the Bonds at
a maximum average net interest cost rate to the Issuer of 11.75%
per annum, which. rate is the statutory interest rate lim,t
(hereinafter called "Interest Rate Limit") applicable to the
Bonds; and
WHEREAS, Flori'a National Bank, Jacksonville, Florida
(hereinafter called "Purchaser"), has offered to purchase
JUN 5 1985 -1- 180 1
JUN 5 1995 - 600K- 6""i. F, GE. IS 1
$5,.165,000 of the Bonds at the price of par, resulting in an
average net interest cost rate less than the Interest Rate Limit;
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. AWARD OF BONDS. . $5,165,000 aggregate prin-
cipal amount of the Bonds are hereby awarded and sold to the
Purchaser at the price of par.
SECTION 2. NECESSARY ACTION. The proper officers of
the Issuer are hereby designated agents of the Issuer in connec-
tion with the issuance of the Bonds, and are authorized and
empowered, individually or collectively, to take all action and
steps and to execute and deliver any and all instruments, docu-
ments or contracts on behalf of the Issuer which are required by
the Resolution and/or are necessary and desirable in connection
with the execution and delivery of the Bonds, and which are not
inconsistent with this resolution and any other action relating
to the Bonds.
SECTION 3. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bowman- and, upon being put to a vote,
the vote was as follows:
Patrick B. Lyons, Chairman Aye
Don C. Scurlock, Jr., Vice Chairman Aye
Margaret C. Bowman Aye
Richard N. Bird Aye
William C. Wodtke, Jr. Absent
The Chairman thereupon declared Resolution #85-63 duly
passed and adopted this 5th day of June, 1985.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RI "R COUNTY, FLORIDA
By
ATRICK B. LY
-d-
C airman
.
ESTABLISHMENT_ OF ACCOUNTS FOR SR 60_BOND _ISSUE
OMB Director Barton informed the Board that the Bond
documents require the establishment of three accounts.
ON MOTION BY COMMISSIONER Scurlock, SECONDED by
Commissioner Bowman, Commissioner Wodtke having
left the meeting, the Board unanimously (4-0)
authorized the establishment of the three accounts
required by the SR 60 Bond documents.
SELECTION OF ENGINEERS FOR CONTINUING CONSULTING ON COUNTY
WASTEWATER SYSTEM
Utilities Director Terry Pinto reviewed his memo, as
follows:
TO: THE HONORABLE BOARD OF
COUNTY COMMISSIONERS
FROM: TERRANCE G. PINT13:? i
DIRECTOR, UTILITY eVICES
DESCRIPTION OF CONDITIONS
DATE: MAY 29, 1985
SUBJECT: SELECTION OF PROFES-
SIONAL ENGINEERS FOR
CONTINUING CONSULTING ON
COUNTY WASTEWATER SYSTEM
The Board County Commission authorized the Utility Department to
advertise and receive proposals from consulting engineers for the
purpose of providing countinuing consulting wastewater
engineering services.
The Selection Committee interviewed four firms:
1. Camp Dresser & McKee Inc.
2. Sippel, Masteller, Lorenz & Hoover
3. Carter & Associates
4.
RECOMMENDATION
Lloyd & Associates
The Committee's recommendation is that the County enter into
continuing service contracts with the firms of Camp Dresser &
McKee Inc. and Sippel, Masteller, Lorenz & Hoover.
115
BOOK.
5 1985
JUN 5 1995 BOOK EA PV7183
Director Pinto informed the Board that the firm name of
Sippel, Masteller, Lorenz & Hoover has been changed to Masteller
& Moler. He explained that individual work authorizations would
be presented to the Board as the jobs came up. The reason for
looking at both firms is that Camp Dresser & McKee is an
international firm and has great expertise in wetland disposal,
such as mosquito impoundments. On other projects, such as line
extensions, some plant design, etc., staff feels it would be
greatly preferable to work with a local office. He continued
that if the Board approves this recommendation, staff is
preparing a work authorization for Camp Dresser & McKee to bring
us in line with our permitting requirement for the Vista and
Gifford plants, which need to renew their operating permits.
Vista, in particular, may need some hydrogeological work done on
the mosquito impoundments to secure that permit.
Commissioner Bird asked if this implies a retainer or
whether it is on an "as -need" basis.
Director Pinto confirmed that it is on an "as -need" basis so
it is not necessary for staff to keep going out on a continuing
basis to obtain consultants.
Com. Scurlock noted that the international firm is more
expensive, and we only will need them in certain situations.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board authorized entering
into continuing service contracts with the firms of
Camp Dresser & McKee, Inc., and Masteller & Moler
as recommended by staff.
(Said agreements are on file in the Office of the Clerk.)
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 12:20 o'clock
P.M. in order to reconvene as the District Board of Fire
Commissioners of the North Indian River County Fire District.
Those Minutes are being prepared separately.
® r r
The Board of County Commissioners reconvened at 12:40
o'clock P.M. with the same members present, Commissioner Wodtke
having left the meeting earlier.
DISCUSSION RE COUNTY PROBATION OFFICER
Chairman Lyons reported that Judge Hatcher of Jackson County
came to town to give us a rundown on the use of a County
Probation Officer. Judge Hatcher has had nine years experience
with this. The Chairman stated that there is no question in his
mind that we can save money and jail space in the long run with a
probation officer and also can get a lot more fines collected
than we now are able to. He continued that at the next meeting
he will come back with more detailed material and a proposal for
the County to set up a Probation Department.
The Chairman further informed the Board that at the recent
meeting, the Judges were still very disturbed that the County has
not come up with any new space, and they feel that they are
getting close to the end of what they can do to hold down the
jail population. One of the things that keeps coming up is a
County farm, and one thought that occurs re this electronic
surveillance is whether we might have people do time growing
vegetables for the jail and then stay at home under electronic
surveillance. The Chairman noted that he is asking the
Administrator to look into this, and will wait until the next
meeting to present the rest of the story.
GIFFORD HOUSING IMPROVEMENT COMMITTEE
Chairman Lyons stated that the idea of this committee is to
be sure that all who have anything to do with improving the
housing in Gifford get together. Part of the problem is razing
those structures that need to be razed, and he believed in order
to accomplish this, you need information from the community
itielf. He noted that he has had two other suggestions of
organizations to get involved in the committee besides the
Gifford Progressive Civic League, those being Environmental
117
61fft184-
� JUN 5 1985 SWK
JUN 5 1985
WOK 61 m%185
Health and the Economic Development Committee. If the Board
agrees, the Chairman stated that he would proceed as suggested.
r
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
agreed to include a representative from the
Economic Development Committee and a repre-
sentative from the Environmental Health
Department on the Gifford Housing Improvement
Committee.
Ralph Lundy, concerned citizen of Gifford, agreed this is a
good plan, but stressed that there is need for a fairly good
representation from the area involved.
Chairman Lyons assured Mr. Lundy that we are looking for
representatives from the area, i.e., the Gifford Progressive
Civic League, and one of the reasons we are looking at the
Gifford area is because they do have an active civic
organization.
Mr. Lundy commented that the Civic League has requested that
the county get started enforcing the ordinances, and possibly
this committee could screen out residents in the area and make
recommendations as to those who need assistance.
Chairman Lyons confirmed this is part of what is intended.
Building Director Ester Rymer informed the Board that her
department has posted all the homes on the list given her except
two they could not find and one is occupied. She noted that the
condemnation of the structures is simple, but the question is
where the people are going to go.
In further discussion, it was noted that this all will have,
to come back to the Board before any further action is taken.
v
118
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:50 o'clock P.M.
ATTEST:
Clerk
119
JUN 5 1985 BOOK 61 PAGE �S