HomeMy WebLinkAbout6/26/1985Wednesday, June 26, 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 26, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Richard N. Bird; Margaret C. Bowman; and William
C. Wodtke, Jr. Vice Chairman Don C. Scurlock, Jr. was
out-of-state on County business. Also present were Michael J.
Wright, County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; L. S. "Tommy" Thomas,
Intergovernmental Relations Director; Jeffrey K. Barton, OMB
Director; and Barbara Bonnah, Deputy Clerk.
Chairman Lyons opened the meeting and led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Scurlock requested the addition of a meeting of
the North County Fire District re an emergency item for
authorization to survey the site for the Wabasso Fire Station.
Administrator Wright requested the deletion of Item 11B -
Lester Solin's proposal to develop a Sign Ordinance for Indian
River County, as no backup material was provided for today's
meeting.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
added and deleted the above items.
L- JUS 2 61985
BOOK U� Pa,,,E 9
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NORTH COUNTY FIRE DISTRICT MEETING
BOOK 61— F'':,E -337
The Board of County Commissioners recessed at 9:05 o'clock
A.M. in order that the District Board of the North County Fire
District might convene. Those Minutes are being prepared
separately.
The Board reconvened at 9:08 o'clock A.M. with the same
members present and Commissioner Scurlock being absent.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of May 22, 1985.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
5/22/85, as written.
CONSENT AGENDA
Commissioner Wodtke requested that Item I be removed for
discussion.
A. Approval_of New Application for Permit to Carry a Concealed
Firearm
The Board reviewed the following memo dated 6/14/85:
2
TO: The Honorable Members of DATE: June 14, 1985 FILE:
the Board of County Commissioners
SUBJECT: Pistol Permit - NEW
FROM: Michael Wright REFERENCES:
County Administrator
The following person has applied to the Clerk's Office for
a new pistol permit:.
John A. Gehrig
All requirements of the ordinance have been met and are in
order.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
issued a permit to carry a concealed firearm
to John A. Gehrig.
B. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau - Special Trust Fund
Month of May, 1985 - $49,280.15
C. Report
Received and placed on file in the Office of the Clerk:
Traffic Violations by Name - May, 1985
D, Proclamation
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
proclaimed the week of June 30 -July 6 as National
Water Safety Week.
3
JUN 2 6 1989
BOOK 1 . FAru"MA
rJUN 2 6 1985
BOOK 61
P R 0 C L A M A T 1 0 N
WHEREAS, over 400 Swimmers drown each year in the State of
Florida, leaving many grieving loved ones; and
WHEREAS, the .. UNITED STATES LIFESAVING ASSOCIATION hopes to
,call the public's attention to water safety measures that may
help lower the drowning rate for our counties;,.,and
WHEREAS I'.,'the UNITED STATES LIFESAVING ASSOCIATION^ and its
'membership'.,of 6pen7water professional. -:'.1ifeguards :want to''alert
the Swimming public"'.
:..ftllowing` when -entering
large bodies of...open.-!water:
"Swim parallel to 'shore when swimm'in-g46ng -distandies
0w Your," 1 1 1 * d t ''
imits -, ,;.flotation devices do:, rely.on.,.flot
Ask about""i'llp 'currents and dangerous marinelife
,Avoid
.diving.in
.'shallow water -and
f
piers
n.:jetties
5.'._--.e`Zeep -. glass.,. :dkf-':Ehe beach
..Drifikin cjr�
w
9c', 91, MM;Mhg_.,dp -no mix
w,,. •-8wimming iilojje`::j--s --d'
angerous-l',sharee fu1V--_-,With,a-
d;
en ja�,ff,
_..WHEREAS;, ---,-',-the' -UNITED" STAT -ASSOCIATION
ES LIFESAVING.': _CHAPTERS
from' coast'
YOU:
SWIM.'— SAFELY-,.. SW
LIFE -GUARD;
NOW, ,.';4THEREFORE,0E.:41T.,�-PROCIAIMED �„that 4COUNTY-
,COMMISSIONERS 'OF :INDIAN RIVER.COUNTY, hereby
..._.6_oes
_qe�signate -the
NATIONAL-WATER.SAFETY WEEK
an ..urges -a citizens to `.become-` �mbre aware ;':of 'rwaterb
safety
�measures..-,'that..,'may",,save.,.lives and glower -: the .": dr
owning':�,rate in
,Indian River
ATTEST:
By
FREDA WRIGHT, CLE�A
T
i�BOARD OF COUNTY COMMISSIONERS:,
',-INDIAN, RIVER
;-..FL0RIDA'5-,t'
...COUNTY
Of
BY
A RICK.B.
LYON
E. Release of Lien SR -60 Water - Kingswood West, Lot 28
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
released an assessment lien for one ERU SR 60
water to Kingswood West, Inc, for Lot 28,
Kingswood Estates.
RELEASE OF ASSESSMENT LIEN IS ON FILE IN THE OFFICE OF THE CLERK
F. Release of Lien, SR -60 Water - Vista Plantation
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
released SR -60 water assessment liens for 12
ERUs each to Vista Properties of Vero Beach,
Inc. for Building No. 4 and Building No. 5,
Vista Plantation.
RELEASE OF SAID ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK
G. Capital Expenditure Items for Fleet Management Dept.
The Board reviewed the following memo dated 6/17/85:
TO: The Honorable Members of DATE: June 17, 1985 FILE:
the Board of County
Commissioners
Thru: Michael Wright SUBJECT: Capital Expenditure Items
County Administrator for Fleet Management Dept.
FROM: H. T. uSonn-y4jean REFERENCES:
Director
General Services Division
In the 1984/85 Budget we scheduled monies for a shop addition for
Fleet Management. It was budgeted at $32,000 and the construction
costs came in at $19,842.00. This leaves a balance of more than
$12,000 in that account.
5 BOOK Ffq:�E 340
%M
I UN 2 9 1985
cc�
BOOK 61
It is requested that authorization be given to purchase the following
items:
Lights for New Building $2,000.00
Hydraulic Stationary Lift 4,500.00
2 Oil Tanks, 500 Gal. 950.00
Transmission Jack/Lt. Vehicles 700.00
Transmission Jack/Hvy. Vehicles 1,000.00
TOTAL
$10,000.00
These items were going to be requested in the ,1985/86 Budget.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the purchase of the items set out in
the above memo, as recommended by General Serv-
ices Director Dean.
H. Release of Performance Bond - Pincrest Subdivision, Units II
and _III
The Board reviewed staff memo, as follows:
TO: DATE: FILE:
THE HONORABLE MENDERS OF June 17, 1985
THE BOARD OF COUN'T'Y CONAaSSIONERS
THROUGH:
Michael Wright, SUBJECT: Request for Release of
Performance Bond - Pincrest
Subdivision, Unit II and III
FROM: James W. Davis, P.EP�'REFERENCES:
Public Works Director
Ron Mitchell, dba/Visa Builders, has posted two performance bonds
with the County. A $900 cash performance bond was posted on May 30, 1984
to cover the grassing germination along Pincrest Subdivision Phase III
right-of-way. A $2500 cash performance bond was received in July, 1984 to
cover seeding germination and tree removal in Pinecrest Phase II and
drainage work in Colonial Heights Subdivision. The developer is requesting
release of these bonds.
ALTERNATIVES AND ANALYSIS
The staff has inspected the grassing and bonded improvements and has
no objection to release of the $900 bond and the $2500 bond.
RECOMMENDATION AND FUNDING
It is reccamended. that the Board authorize release of the $900 and
$2500 bond for Pincrest Phase II and III. Funding to be from the County's
Escrow account.
� � r
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the release of a $900 and $2500 per-
formance bond for Pinecrest Subdivision, Units
II and III; funding to be from the County's
escrow account.
I. Request for Approval of Occupational License - Darlene
covin C + n.,..
The Board reviewed the following memo dated 5/22/85:
TO:Freda Wright DATE: May 22, 1985 FILE:
Clerk of Circuit Court -
SUBJECT: DARLENE SAVASTANO -
OCCUPATIONAL LICENSE
FRO: wi lson REFERENCES:
= ant County Attorney
The above -referenced individual has applied for a business license
to practice as a fortune teller/card reader in Indian River County. The
Indian River County Code of Laws and Ordinances, Chapter 15, adopts
former Florida Statute §205.351, which requires the Clerk of the Court
to investigate the moral character of all individuals who apply for
occupational licenses to practice fortune telling. The Sheriff is
required by the ordinance to assist the Clerk with the investigation
and at the conclusion of the investigation, the Clerk shall report her
findings to the Board of County Commissioners.
Mary Hazel of the Indian River County Sheriff's Department has
recently searched the federal, state and local records and found that
the applicant has no prior criminal arrests or convictions. At this
point, it is my opinion that the applicant's references should be
investigated by a member of the Sheriff's staff at your request.
I have enclosed Mrs. Savastano's application, photograph and letters -
of reference, together with a copy of the former Florida Statutes
5205.351, as adopted by Indian River County. If you have any questions
or require further information on this matter, please do not hesitate to
contact me. -
Commissioner Wodtke asked if Mrs. Savastano's residence is
listed as the place of business, and Assistant County Attorney
Jim Wilson explained that Planning & Development Director Robert
Keating has indicated that even though Mrs. Savastano's residence
7
JUN2 6 1985 BDO#( 61 A:GE349
Fr .UN 2 6 1985 ��y
BOOK 1 ' ..�43
is listed as the occupational address on the application, she
cannot do business in her home and must travel to other people's
homes. Attorney Wilson advised that should Mrs. Savastano
perform these services in her home, there will be a Code
Enforcement violation filed against her.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the application for an Occupational
License for Darlene Savastano.
INDIRECT COST RECOVERY SYSTEM
OMB Director Jeff Barton reviewed the following memo dated
6/19/85:
TO: Board of County Commissioners June 19, 1985
FROM: Jeffrey K. Barton, OMB DirectorK
Edwin M. Fry, Finance Director
SUBJECT: Indirect Cost Recovery System
Background and History
In 1981, when the Board was selecting an account firm to audit the County's
financial records, the Board also requested the accounting firm that was selected
to develop an indirect cost recovery systema The intent was to charge the Utilities
and the Landfill for support services.
May Zima & Co. developed an indirect cost recovery system based on an indirect
cost pool and indirect cost base. The "pool" was composed of the Board of County
Commissioners, Attorney, Administrator, Personnel, Purchasing, Building Operations
and Clerk to the Board departments. The base contained the personal services costs
of the departments under the Board"s control.
Over the last three years, the indirect cost pool was expanded to include the
General Services and the Budget departments. The indirect cost base was expanded
for new departments under the Board's control and the Constitutional Officers.
The indirect cost recovery rate has been charged to County Utilities, County
Building and the Landfill for their share of the indirect cost pool.
Calculation of Indirect Cost Recovery Rate
The indirect cost recovery rate is calculated by dividingthe indirect cost
pool by the indirect cost base. This percentage is then multiplied by the personal
services costs of the service departments in order to allocate the indirect cost pool.
The "pool" is calculated by taking the total expenditures of the support depart-
ments less capital outlay plus a use charge. The use charge is computed by depre-
ciating each support department's fixed assets over five years and depreciation on
County buildings.
The "base" is calculated by summing the personal services costs, including
employee benefits, of the service departments under the Board and the Constitutional
Officers.
8
s � r
Recommendations for 1986
Next year we will be assuming responsibility for the administration and
record keeping of the South County Fire District. Since the District has its own
buildings and grounds, we will take the General Services and Building Operations
departments out of the "pool" and put them in the "base". The District will also
be made part of the "base". It is our intention to allocate the costs of General
Services and Building Operations -on a rental basis, similar to how we charge the
Credit Union and Drivers License Bureau.
These actions will considerably reduce the indirect cost recovery rate and
should result in a more equitable charge to the service departments.
Commissioner Wodtke asked what was included under building
operations, and OMB Director Barton advised that covered
janitorial, electrical and telephone services, etc. for the
Administration Building only. He pointed out that there are only
a few tenants in the building who pay rent and we cannot
backcharge the Constitutional officers because the Board is
responsible for providing them space; we tried to work it out so
the charges would be fair and equitable to all offices involved.
Director Barton continued to explain that there are several
methods or combinations of methods that can be used to work this
out such as the square footage used by each department; numbers
of people, or payroll figures by using a check -off sheet of how
much time was used by each of those departments that were to be
allocated services. There are advantages and disadvantages to
each method, but they were looking for a method which would be
equitable as well as simple to follow. Some of the theory that
came down to a final decision on using the people method or the
dollars of payroll was that the size of a department is usually
in direct proportion to the mission that it has to do. Director
Barton pointed out that Road & Bridge has the largest number of
employees, but they also have the biggest mission in the County
and use the most support services. This proposal also takes into
consideration the fact that the Data Process Committee is moving
towards making Data Processing an internal service fund, which
will be paying for their support services on a direct basis. In
addition, Building & Grounds would be taken out of the formula
and made a part of what all of their time is being spent on. The
entities taken out would be placed in the base so that they would
9
JUN 26 1985 Boa 61 �4 r
JUN 26 1995 BOOP( I ^I
�. F ,4
be part of the denominator used to determine the final fraction
to be used for the allocation of the pool costs, which are,
basically, the seven departments. When all these calculations
are made, which is the simplest way to come up with the indirect
cost for the upcoming years, the fraction turns out to be
8.56270. Director Barton recalled that last year we made a
commitment that we were going to continue to charge the
departments we already had and add new departments to the charge
this year, particularly the MSTU departments.
Commissioner Bird asked how the percentage figure would be
used if the Board agrees on the figures today.
Director Barton, using the Utilities Department as an
example, explained that the total line for all personal items
such as overtime, special pay, FICA match, State Retirement,
health care package, and Workers' Compensation would be
multiplied by the 8.56% figure and that computation added as that
department's contribution back to the General Fund to offset the
cost of the support group. This ratio would be applied equally
to all departments. He believed there would not be a full 100%
recovery, but this would keep us from loading some departments
unfairly.
Administrator Wright cautioned that this formula increases
the G & A charge for the South County Fire District dramatically,
and wondered if the Board might prefer to phase it in over a
period of time. In addition, he believed that a different
formula would have to be developed for determining the cost of
the North County Fire District because there are no salaries
involved. Administrator Wright advised that these numbers are
being given to the Board today for their review so that they are
aware of where the figures came from when the budgets are sent
out.
Chairman Lyons was still unsure about applying the overhead
time services to all departments, but Administrator Wright felt
that while the most equitable way to do it would be on an hourly
10
time sheet basis, that would be impractical due to the extensive
amount of detail involved.
Director Fry explained that when this system was developed,
it resulted in a fairly simple way of charging the indirect cost;
it is not perfect, however, due to the different sizes and
demands of each department. For example, the Utilities
Department has had a big demand on the Legal Department lately,
but has not had that much effect on Personnel or Purchasing.
Administrator Wright suggested that the Board take these
figures under advisement today and staff will fine tune the
process during the budget hearings.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized staff to use the formula as set out
in the above memo for the budget hearings.
BUDGET APPROVAL POLICY BY FUND TYPE
The Board reviewed the following memo dated 6/19/85:
. June 19, 1985
T0: ' Board of County CommCi�ssioners
FROM: Jeffrey K. Barton, OMB Director & Edwin M. Fry, Jr., Finance Director
SUBJECT: Budget Approval Policy by Fund Type
a ..
The Budget process can.-be.divided into two parts:.
1. Workshop Hearings
2. Public Hearings
a. tenative budget adoption
b. final budget adoption
The two parts involve a review of all County operations in all fund types. This
process can be stream -lined by eliminating the budget adoption process on those _
operations which are long term in nature. The following is a list of the fund
types used by Indian River County.
000 — OPERATING GROUP OF ACCOUNTS
(General Fund & M.S.T.U.)
100 - SPECIAL REVENUE GROUP OF ACCOUNTS
(Federal Revenue Sharing, Police Academy, Sheriff's Fund, Secondary
Road Trust, Fire Districts, Street Lighting Districts)
11
JUN 26 1985 BOOK 34
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r
JUN 26 1995 c
BOOK `'",r. r. 7
200 - DEBT SERVICE GROUP OF ACCOUNTS
(Bond Issues)
300 - PROJECT GROUP OF ACCOUNTS
(Construction Projects - Buildings construction, Jail construction,
Roads construction, etc.)
400 - ENTERPRISE GROUP OF ACCOUNTS
(Landfill, Utilities & Building Department)
500 - INTERNAL SERVICE GROUP OF ACCOUNTS
(Fleet Management)
600 - TRUST GROUP OF ACCOUNTS
(Escrow)
700 - SPECIAL ASSESSMENT GROUP OF ACCOUNTS
( Petition paving, Water &.Sewer Rte. 60, etc.)
800 - POOLED CASH GROUP OF ACCOUNTS
900 - FIXED ASSETS GROUP OF ACCOUNTS
The following fund types do not need to be addressed annually:
FUND TYPE 200"S - DEBT SERVICE GROUP
When the Board of County Commissioners adopts the Bond Resolutions to
issue any bonds, they assure proper funding and budgets for the life of
the bond issue through the bond covenants.
FUND TYPE'300"S - PROJECT GROUP
When the Board of County Commissioners approves a project, which usually -
covers several fiscal years, they adopt .a budget for the life of the
*project which doesn't require annual review.
FUND TYPE 400'S*- ENTERPRISE GROUP
When the Board of County Commissioners reviews the budget at workshop
(both revenues,.expenses and -capital), there is no need to adopt budgets
at final hearings:
FUND TYPE 500'S -.INTERNAL SERVICE GROUP
The same theory applies.as the group 400's fund type.
FUND TYPE 600'S - ESCROW GROUP
No budgets required
FUND TYPE 7001S - SPECIAL ASSESSMENT -GROUP
When the Board of County Commissioners approves the assessments, a budget
for the life of that project assessment should be adopted, not requiring
annual review. _
FUND TYPE 800'S - POOLED CASH GROUP
No budget required
FUND TYPE 900'S - FIXED ASSET GROUP
No budget required
Recommendation =
The Board of County Commissioners only address budgets on Fund types 000 &
100 on an annual basis, leaving the balance of Fund types to be handled at
the times as outlined.
12 b�a�
r
Chairman Lyons was glad to see that we are taking steps to
cut down the motion -making marathon during the tentative and
final budget hearings.
Commissioner Wodtke understood that they would be going
through the same process as usual during the workshop meetings
and this change would affect only the two public hearings held in
the evenings, eliminating the arduous chore of adopting resolu-
tions providing for the budgets of each individual fund.
Attorney Brandenburg advised that before this system is
implemented, he would have to discuss it more in depth with
Director Barton.
Administrator Wright suggested the matter be tabled.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
tabled the matter.
PUBLIC HEARING —ORDINANCE IMPOSING A TWO -CENT LOCAL OPTION GAS
TAX
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication, to
wit:
VERO BEACH PRESS -JOURNAL
'4
Published Daily
I
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 Preas.Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
_i
In the matter of •2 61 /4 `f
In the Court, was pub
lished in said newspaper in the issues of Gdz /Z6`
.
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 ,tansy 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 corp / 1` p voration any discount, rebate commission or refund for the purpose of securin, this
.
advertisement for publication in the said newspaper. A'',- /
Sworn to and subscribed before rpa th .� _ y of A 19
%w ( iess ar `.
(SEAL) (Clerk of the Circuit Court, Indian River Court , Florida)
13
' • NOTICE OF PUBLIC NEARING TO
CONSIDER ADOPTION OF COUNTY OPD4
The Board of County Conim a of Indian
River County, Florida, Will CaMuct a Public i
Hearin3 on Wadrneadey, Jiro 28, 1985 M 9:15
AM, m tine Commiaeion Chambers at the County
AMmnistradon BWiding, 1810 25M StreaL Varo
Beam. Fbrk18 ro a>rreldpr du adoption m an ,
Ordmanoe a
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA IMPOSING A
2 CENT LOCAL OPTION GAS TAX
UPON EVERY GALLON OF MOTOR
FUEL AND SPECIAL FUEL SOLD W IN.
If any person decides to appeal a derision mads
on the above matter. a record of the proceedings
will be required for such purposes, and he or she
may need to ensure that a verbatim record of the
tesproceedings
�G any and evidence mei which Ms appeal Inchulft is
based.
Indian Rkw Camry
Board of County Commission"
Patrick B. Lyaro, Chairman
June 7. 1985.
BOOK 6 1 u,F 348
JUN 2 6 1995
BOOK 61 F',i;F349
The Board reviewed the following memos dated 6/21/85 and
6/26/85:
TO- Board of County
Commissioners
FROM: Don C. Scurlock, Jr.
Vice Chairman
• .w
DATE: June 21, 1985
SUBJECT:
Optional Gas Tax
REFERENCES:
FILE:
I will not be able to
attend the Board
of
County
Commissioners' meeting of
June
26, 1985, when,
the
public
hearing is scheduled to consider
imposing a gas tax in
Indian
River County. However, I
would
like to publicly
express my
views on this subject and
have
them read into
the
record
during the hearing.
I strongly support the imposition of a two -cent gas tax in
Indian River County for the following reasons:
1. Indian River County is faced with a deficit of
anticipated revenue when compared to the need for and cost of
future road projects. These road projects are inevitable and,
if anything, the costs will only increase. I believe the-- ' -
County Commission should act responsibly and start the process
of meeting this apparent unfunded road need by spreading the
burden in the fairest manner possible amongst the broadest
base of individuals responsible for requiring the needs for
the roads. We are now considering the adoption of an impact
fee for new development to help road construction. If a gas
tax is not imposed, the impact fees will have to be higher.
a It seems only fair to spread the cost of the un -met road needs
partially onto the individuals who help create the need but
will not be subject to the impact fees, i.e., the tourists and
other individuals passing through and using the roads in our
community. It is not fair to charge. new development the costs
of roads required by tourists and other individuals passing
through our County.
2. The gas tax is one of the fairest ways to distribute
the costs of the transportation system. Those who use the
roads more, thereby causing more wear and tear on the roads,
will pay more.
3. I realize there are one or two businessmen in the
community who feel that this will hurt their business.
However, when one reviews the status of the situation, one has
to wonder if this is a valid claim. First, it is recognized
that most counties are going to impose a gas tax throughout
the State of Florida, including those counties which are the
main competitors to the diesel fuel market. There is an even
better likelihood that these main competitor counties will
impose a greater tax than two cents. If this proves true, we
14
Thave actually given these businessmen a competitive edge by
not imposing more than a two -cent tax. These businessmen are
really lobbying for an even greater competitive advantage by
having no tax in Indian River County. Secondly, as a
standard, gas prices for automobile fuels have traditionally
been higher here than in surrounding counties, and there has
never been a trend for Indian River County residents to travel
20 or 30 miles to save a few cents per gallon on their
gasoline purchases. I do not believe the argumentspropounded
by the businessmen about imposing the gas tax when compared to
the overall necessity of the County to plan now for future
road needs hold any merit.
4. For the past several years, this County has adopted
resolutions criticizing the State of Florida for increasing
the County's financial burden without providing a source of
funds. The State has now provided us with a tax that can be
as high as six cents to raise revenue to build necessary
roads. It is not a drastic, but rather a responsible approach
for the County to impose a two -cent tax.
Respectfully submitted,
o/,� 0. &UtA
c..
Don C. Scurlock, Jr.
TO: Board of County Comms. DATE: 6/26/85 FILE:
FROM: Jan Masi
SUBJECT: Two Cent Local Option Gas Tax
Agenda Item 7-A
REFERENCES:
Anne Michael, Mayor of the Town of Orchid, just called and
wanted it noted that the Town of Orchid had a meeting on June 24, 1985
and voted for the two -cent local option gas tax.
Since they do not have any public roads, they would like their
part of the allocation from the gas tax to be spent on Jungle Trail.
They are going to put this in the form of a resolution in the
near future. ,
15 BOOK Fill m
JUN 2 6 1995
L
JUN 2 6 1985 BOOK
E�
Attorney Brandenburg advised that the City of Sebastian and
the Town of Indian River Shores also have approved the interlocal
agreements re the 2 -cent local option gas tax, and the last step
necessary for the County to actually implement that tax will be
the adoption of the ordinance today.
Administrator Wright advised that he has had some
discussions with Walter Smith, who led the group that opposed the
tax at the last Board meeting. Basically, information was given
to Mr. Smith, owner of the Union 76 Truck Stop, to ease his
concerns re the gas tax in other counties -- St. Johns County
will probably go with a 4 -cent tax, as will Duval and St. Lucie.
Commissioner Bird assumed that Florida Statutes, Chapter
206, covers the fuels that are to be taxed and how they are to be
taxed.
Attorney Brandenburg confirmed that Chapter 206 does provide
the criteria for this optional tax, but pointed out that while
the County can determine how much of the tax to charge, it cannot
change what fuels are subject to the tax, such as excluding
diesel gas.
Public Works Director Jim Davis noted that staff and the
consultants are moving along on the Throughfare Plan and the Road
Improvement Analysis and it seems that the recommendations of the
Thoroughfare Plan study are supporting our cash flow building
improvement fund, which is showing a shortfall within the next
three years. The Barton-Aschmann study is confirming that
program and expanding it to some degree.
Commissioner Wodtke understood that without this two -cent
tax, the County may not be able to meet the cost or the timeframe
of the improvements already planned.
Attorney Brandenburg confirmed that without the tax we would
not have the money to do the improvments we have planned for the
next three years unless we impose a much higher impact fee on
developments ensuing in the next three years.
16
Ll
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Frank Zorc, taxpayer in Indian River County for 30 years,
questioned whether most of the money realized from this tax is
needed to build the northerly extension of Indian River
Boulevard. He understood that the new tax will generate
$700,000-$800,000 a year and the County will get two-thirds of
that back.
Chairman Lyons advised that the extension of Indian River
Boulevard both south and north is contemplated and active and
that part of these funds would be used for that purpose. He
understood that the Transportation Planning Committee has
approved this plan, and the money has, indeed, been set aside for
survey work and right-of-way acquisition.
Mr. Zorc opposed the tax as he felt the funds generated from
the 2 -cent tax would be eaten up just for the Indian River
Boulevard extensions; he believed there are other transportation
needs that are far more important.
Fred Mensing, President of the Roseland Property Owners
Association, stated that, in general, they are against taxes, but
if they receive some assurance that some of these funds will be
spent in the north county area, specifically, the Roseland area,
they would support the tax. However, if Roseland is going to
remain a step -child, then they would oppose this tax.
Administrator Wright pointed out that the north county area
already has a commitment for $.5 million of this money just for
the right-of-way acquisition on CR -512, which serves Roseland
directly.
ON MOTION by Commissioner Bird, SECONDED by -
Commissioner Bowman, the Board unanimously
closed the Public Hearing.
Attorney Brandenburg advised that if the ordinance is
adopted today, the tax would be applicable September 1, 1985.
17
BOOK tl P',CF)
JUN 2 6 1985
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Bowman, that the Board adopt Ordinance
85-57, imposing a two -cent local option gas tax upon
every gallon of motor fuel and special fuel sold in
Indian River County and taxed under the provisions of
Florida Statutes, Chapter 206.'
Commissioner Wodtke wanted to have it understood that this
money will be used to construct the improvements that are already
planned and not used for maintenance.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and passed unanimously (4-0).
18
ORDINANCE NO. 85-57
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA IMPOSING A TWO CENT LOCAL
OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND
SPECIAL FUEL SOLD IN INDIAN RIVER COUNTY AND TAXED UNDER
THE PROVISIONS OF FLORIDA STATUTES CHAPTER 206;
PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A
PERIOD OF FIVE YEARS, BEGINNING SEPTEMBER 1, 1985;
PROVIDING FOR DISTRIBUTION PURSUANT TO INTERLOCAL
AGREEMENTS BETWEEN INDIAN RIVER COUNTY AND
MUNICIPALITIES LOCATED THEREIN REPRESENTING A MAJORITY
OF THE POPULATION OF THE INCORPORATED AREAS WITHIN
INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY,
INCORPORATION IN CODE AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
cFrmrnu
T TTMU^n T MAY
This ordinance is authorized by Florida Statutes
§336.025, as created by Laws of Florida, Chapter 83-3, Section
55, and other applicable law.
SR.rTTnM 7
SHORT TITLE
This ordinance shall be known and may be cited as the
"Indian River County Local Option Gas Tax Ordinance."
9VPTTnM Z
LOCAL OPTION GAS TAX
There is hereby imposed a two cent local option qas tax
upon every gallon of motor fuel and special fuel sold in Indian
River County and taxed under the provisions of Florida Statutes
Chapter 206.
SECTION 4.
EFFECTIVE DATE OF TAX
The tax imposition hereby made shall be effective from
September 1, 1985, to August 31, 1990, both inclusive.
SECTION 5.
DISTRIBUTION OF TAX
A. Pursuant to the interlocal agreement -
entered into between the County and municipalities within the
County representing a majority of the incorporated area
population within Indian River County, the proceeds of the tax
hereby imposed shall be divided and distributed by the State of
-1-
BOOK 6 1 FkGF.'
L- JUN 26 1985
JUN 2 6 1985
BOOK 61 PAVE _ 55 -7
Florida Department of Revenue to Indian River County and eligible
municipalities in the following proportions:
RECIPIENT SHARE OF PROCEEDS
Indian
River County
67.5567 %
City
of
Vero Beach
19.4200 %
City
of
Sebastian
9.9033 %
City
of
Fellsmere
1.9567 %
Town
of
Indian River Shores
1.1433 %
City
of
Orchid
.02 %
B. Each year, during the term of the
imposition of this tax, the division and distribution of tax
proceeds under this ordinance shall be evaluated and recalculated
based upon the following formula:
The percentage of total revenue allocated to each eligible
entity equals 1/3 of the entity's percentage of total
equivalent lane miles of road plus 1/3 of the entity's
percentage of transportation expenditures over the previous
five years plus 1/3 of the entity's total percentage of
population residing in the area based upon the 1984 estimate
from the Florida Bureau of Economic and Business
Research.
By August 15th of each year, the County shall provide the
Florida State Department of Revenue a certified copy of the
distribution proportions established by interlocal agreement
under this section. The revised distribution of tax proceeds
shall become effective on September 1st of each year.
C. If, during the term of the imposition of
this tax, the County or any of the municipalities become
ineligibile to receive a share of the local option gas tax for
any reason, any funds otherwise undistributed because of
ineligibility shall be distributed by the Department of Revenue
to eligible governments within Indian River County in proportion
to other monies disbributed pursuant to this section.
D. The distribution formula established herein
shall also govern the division and distribution of proceeds of
the local option gas tax imposed through August 31, but not
collected or otherwise available for distribution until after
August 31, of the year this levy terminates.
-2-
M M M
IR
9RrTTnW A
UTILIZATION OF PROCEEDS
Proceeds of the tax imposed herein shall be utilized
only for transportation expenditures in accordance with the
provisions and requirements of Florida Statutes §336.025.
C P. (•TTnM 7
INCORPORATION IN CODE
This ordinance shall be incorporated into the. Code of
Ordinances of Indian River County and the word "ordinance" may be
changed to "section," "article," or other appropriate word and
sections of this ordinance may be renumbered or relettered to
accomplish such purposes.
SECTION 8.
SEVERABILITY
If any Section, or if any sentence, paragraph, phrase,
or word of this ordinance is for any reason held to be unconstitu-
tional, inoperative, or void, such holding shall not affect the
remaining portions of this ordinance; and it shall be construed to
have been the legislative intent to pass the ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 9.
EFFECTIVE DATE
This ordinance shall become effective upon receipt fromthe
Secretary of State 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 26thday of June ,
1985.
BOARD// OUNTY COMMISSIONERS OF -
IND; -KN- COUNTY, FLORIDA
PA ICK B. LYOr /
Chairman V
Attest:
FREDA WRIGHT
Clerk
21
L- JUN 26 1985
BOOK 61,
JUN 2 6 1995 6 ?, caa °.357
PUBLIC HEARING - REQUEST TO CHANGE OWNERSHIP AND CHANGE NAME OF
UTILITY FRANCHISE FROM MAGUIRE/TREASURE COAST UTILITIES TO
HOLIDAY VILLAGE WATER AND WASTEWATER SYSTEM FRANCHISE
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
I p
i I
P. VERO BEACH PRESS -JOURNAL j
f
Published Weekl'
Vero Beach, Indian River Co nty, Florida
COUNTY OF INDIAN RIVER: I
•,.:�!`.Ati,•;`:`•.. 'i"'• '"-•'NOTICE OF PtMJC HEARING
T�l� g River CW* iatBann�gryB on County Cha C*nmm— Will hold
bens located
840 —
IWon uae% 7i-90 for N A° VRLaAr i t2S1�pW
.27th Avenue and south of Osto Road lase map bskm)-.- �• • •• :
`w `f:•5s3:�' :a
STATE OF FLORIDA to
Before the undersigned authority personally appearedJ. J. Schumann, Jr -who on oath .�r O
Boys that he is Business Manager of the Vero Beach PressrJour al, a weekly newspaper published k '
of Vero Beach in Indian River County, Florida; that thelattac ed copy of advertisement, being I.
a
in the matter of
In the j Court, was pub-
fished
ubfished in said newspaper in the issues of 20• c?lm
1 i
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian. River County, and that the said newspaper has heretofore
been conri ;rolgyblished in said Indian River County, Florida, weeny and haslbeen entered
as setrond U, rpaJ matter at the post office in Vero Beach, in said Indlian River County, Florida
for a 4p +A bne 7tgijs'�nekr, preceeding the first publication of the attached cbpy of advar-
tisear�t? !nd arfiant,f�r(fyyyrrr��` Says that he has neither paid nor pro iced any person, firm or
co(attortany discourlp.,rte!v�ommission or refund for the put of securi g this advar-
ttst�ent,for pubFca�i;n in tlr saibrewspaper.
$wom'to gn6.11scr7tl befc� me,' is 2 O day of A 198'x'
1
in yanager)
A
22
es
logy
Moan- 1
°. HowirN
e
PR RIC tv'"8n�hrnn C�- z;
Ar- . 6.S_ y A --
A,
--T r Z cFSr't'VLA
Oil
t
t =;
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/
Interested peteona are invited 100.0
o to s meaanp, R rty Perp ylides pappeat arty:
the Board m County Camra ss onere wdh resile: to any matter eaodarad at ttMs
1 wia need a record M the
7 dmoa, and loaf fa aeth Purpdae *1 may n
it a vereatlm record of the pb�emga b made. wawa retard mUdas tM a�
tte upon which record mttudes the testhnony and avidUM upon -kWh the y
trd.
PATRICK B. LYONS.RMAN
INDIANRRIVERRCOUNTY
CHAINTY BOARD OF COUNTY '.
MMCOMMISSIONERS
The Board reviewed the following memo dated 6/18/85:
TO: THE HONORABLE MEMBERS OF THE DATE:
BOARD OF COUNTY COMMISSIONERS
THRU: TERRANCE G. PINZ61P
SUBJECT:
FROM: JOANNE L. REIFF
DESCRIPTION AND CONDITIONS
JUNE 18, 1985
UTILITY FRANCHISE
APPLICATION - REQUEST TO
CHANGE OWNERSHIP AND
CHANGE NAME OF FRANCHISE
Holiday Village is a 128 unit mobile home park located on the Southeast
corner of Oslo Road and 27th Avenue.
Adam McGavin, the present owner, is requesting that the ownership of the
existing franchise for this Park be transferred to him. The official
owners are Edward S. Goodman and Rose M. Goodman, his wife and Alex Rowen
and Teresa Rowen, his wife (Exhibit 4).
Mr. McGavin is also requesting that the name of the franchise be changed
from McGuire/Treasure Coast Utilities to Holiday Village Water and
Wastewater System Franchise.
ALTERNATIVES AND ANALYSES
Transferee agrees to accept the terms of Resolution No. 74-15 (Exhibit 3)
as amended and agrees to perform all of the conditions thereof (Exhibit 2).
A resolution is attached with exhibits which brings this older franchise
agreement (74-15) up to date with the franchise agreements being currently
executed by the County (Exhibit 2).
-Transferee agrees to pay all required impact fees to hookup to the County
Master Water System and his schedule of payments is attached as Exhibit 2d
which is in accordance with Ordinance 84-18, Section 8H (Exhibit 5).
RECOMMENDATION
Staff recommends the Board authorize the Chairman to sign the franchise
resolution which will change ownership of this Park to Mr. McGavin and
change the name of the utility franchise to Holiday Village Water and
Wastewater System Franchise.
Staff also recommends that the Board accept the schedule of payments for
impact fees allowing this Park to make connection to the County Water
System prior to full payment of same.
23
' BOOK
JUN 2 6 1985
JUN 26 1985 7
BOOK 1 FA�r 3g
Attorney Brandenburg explained that the current owner bought
this facility sometime ago and for some reason the old franchise
was never transferred at that time. The proposed resolution
provides for the transfer and brings the franchise up to our
current franchise standards. We are transferring what is, in
effect, a water and sewer franchise; however, the owner, Adam
McGavin, has made arrangements to tie the water system into the
County system and that connection is currently being made. He
recalled that Mr. McGavin came before the County Commission to
make arrangements to pay for the impact fees to tie that system
in over a 5 -year period and has entered into a mortage and note
securing that obligation to the County.
Commissioner Wodtke asked what effect these impact fees
would have on the residents, and Attorney Brandenburg explained
that the residents have been advised by the park owner of the
necessity of tying into the County water system and of the method
by which the impact fees will be passed through to them.
Joanne Reiff, Franchise Administrator, believed that Mr.
McGavin has kept everyone apprised of this situation. She
reported that she did receive a phone call from one of the
residents who just wanted it confirmed that this is the final
step in changing the name of the franchise.
Commissioner Wodtke asked what effect this would have on the
residents water rates, and Administrator Wright confirmed that it
would increase their rates, and since the park is being master
metered, those costs would be passed on to the residents in the
form of rent.
Joe Baird, Assistant Utilities Director, pointed out that
after the facility is hooked up, which could be as soon as
tomorrow, it won't be a franchise any longer, the facility will
be a County water customer.
Attorney Brandenburg explained that a franchise is not
necessary in a master -meter situation because water is being
supplied to one property -- it is all in common ownership. The
24
water charge is included in the overall rent for the mobile home
pad. However, if the owner continues to charge a separate
amount for each water tap on a per gallon basis, then they would
probably need a franchise.
Lengthy discussion took place on the water charge being
charged as rent, as is the case with condominiums and mobile home
parks.
Attorney Brandenburg advised that the proposed resolution
provides that the water portion of the franchise will be
dissolved as soon as they tie into the County water system.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Resolution 85-69, authorizing a transfer of
ownership granted in Resolution 77-94: a change of
franchise name granted in Resolution 74-15; and
providing for certain modification to the franchise
agreement granted to Maguire/Treasure Coast Utilities
Franchise.
25 BOOK ��a E 360
JUN 2 6 -1985
BOOK
RESOLUTION N0. 8 5 - 6 9
A RESOLUTION OF THE BOARD OF COUN'T'Y COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING A TRANSFER OF OWNERSHIP
GRANTED IN RESOLUTION NO. 77-94: A CHANGE OF FRANCHISE
NAME GRANTED IN RESOLUTION NO. 74-15: AND PROVIDING
FOR CERTAIlV MODIFICATION TO THE FRANCHISE AGREEMENT
GRANTED TO MAGUIRE/TREASURE COAST UTILITIES FRANCHISE.
1. Section I of Resolution No. 74-15 is hereby amended to read as
follows:
SECTION I `
tiUH1REAS Indian River County granted Maguire/Treasure Coast
Utilities an exclusive franchise on March 6, 1974. Maguire/Treasure
Coast Utilities sold its system and premises to Edward S. Goodman and
Rose M.-Goodmah,.his wife and Alex Raven and Teresa Rowers, his wife in
1977. The present owner, Adam McGavin, has requested the transfer of
ownership of this franchise to himself and has requested the franchise
name be changed from Mcguire/Treasure Coast Utilities to Holiday Village
Water and Wastewater System Franchise. Transferee accepts the terns of
Resolution No. 74-15 as amended herein and agrees to perforn all of the
conditions thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY that Resolution No. 74-15 be amended as follows:
2. Section 2 of Resolution No. 74-15 is hereby amended to read as
follows:
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".
1
(c) "Utility" is the Grantee of rights under this franchise, to
wit: ADAM MCGAVIN.
(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.
3. Section 3 of Resolution No. 74-15 is hereby amended to read as
2
BOOK 6.1 P'. E .369
r- JUN 2s.,985
BOOK
follows:
SECTION 3
GRANTING OF FRANCHISE
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater within the
territory, and, for these purposes.to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
and other appurtenances necessary therefore in, along, under and across
the public alleys, streets, roads, highway and"other public places of
the county; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
public places for a period of ninety-nine (99) years.
2. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such
regulations shall not be inconsistent with the terms hereof.
3. The Utility shall supply the County with copies of its
Department of Envirormental Regulation monthly operating reports and
trouble reports, if any.
4. The right is hereby reserved to the County to adopt, in
addition to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations and increase fees and
charges as it shall find necessary in the exercise of the police power
and lawful authority vested in said County, provided that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the laws of the State of Florida. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
5. Franchisee understands that the County is now considering the
extension of the County water and/or wastewater system to this franchise
area. Should the County extend the county system, this shall be
considered a temporary water and/or wastewater franchise and upon the
demand of the County, franchisee shall discontinue its water and/or
wastewater operation and immediately connect to the County system and
shall pay to the County all the sums due under the county's standard
schedule of rates and fees.
4. Section 6 of Resolution No. 74-15 is hereby amended to read as
3
M ® M
follows:
SECTION 6
HOLD HARVMSS 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
5. Section 7 of Resolution No. 74-15 is hereby amended to read as
follows:
SECTION 7
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 fran 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.
2. The project engineer (who must be registered in the State of
Florida) for the Utility shall certify, under seal, that the system has
been constructed substantially in accordance with plans and
specifications approved by the Department of Environmental Health and
that the systems meet all of the standards required by the County as set
forth in said construction specifications. 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. 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. Upon receipt of certification from. the engineer, the County
will issue a permit for operation of the water and wastewater systems.
4
BOOK
FJ
J C''',UF ?6
JUN 2 6 1995 BOOK F ,E
The issuance of said permit 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. Upon approval by the county of the
plant and system, a permit shall be issued to the Utility for the
operation thereof.
3. Prior to the issuance of an operating permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flow requirements have been met.
6.' Section 8 of Resolution No. 74-15 is hereby amended by adding
the followoing paragraphs:
YMI•
�i•' OF OPERATIONS ANit VAINTENANCE
1. All of the facilities of the Utility shall operate 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.
7. Section 9 of Resolution No. 74-15 is hereby amended to read as
follows:
SECTION 9
UTILITY'S AUTHORITY TO PR MLMGATE 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
E
- M M
M M M
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.
8. Section 10 of Resolution No. 74-15 is hereby amended to read
as follows:
V�n
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 -awned 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
0
JUN 2 6 1985 BOOK �Ar `
JUN 2 6.1985 Boor 1 F� �Fa
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.
9. Section 13 of Resolution No. 74-15 is hereby amended by adding
the following paragraph:
SECTION 13
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.
10. Section 14 of Resolution No. 74-15 is hereby amended to read
as follows:
SECTION 14
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. 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."
RATE SCHEDULE
1. The rates charged by the Utility for its service hereunder
7
- M M
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. In setting said rates, the County shall be guided by the
standards set forth in Florida Statute 367.081 relating to the
establishment of rates and charges. In any event, the Utility shall
always be responsible for justifying its proposed rates and charges by
the submission of accounting and engineering dAta to the County
Utilities Director. Rates and charges may be amended, upon proper
justification by the Utility. Other provisions of this Ordinance deal
with the mechanisms of the setting of rates and charges.
2. The Utility shall at any time, when requested by a consumer,
make a test of the accuracy of any meter; prior, however, to any test
being made by the Utility, the sum of ten dollars ($10.00) shall be
deposited with the Utility by the party requesting such test. Such sum
shall be returned if the test shows the meter to be inaccurate in its
delivery. If the meter is inaccurate, the meter will be repaired or
changed, and should the meter reading calibrate too high, a billing
adjustment will.be made for no more than the past six month's actual
readings. Whenever it is necessary to shut off or interrupt service for
the purpose of making repairs or installations, the Utility shall do so
at such times as will cause the least amount of inconvenience to its
consumers and, unless such repairs are unforeseen and immediately
necessary, it shall give not less than five (5) days' notice thereof to
its consumers for non --emergencies.
3. (a) The approved rates of any utility which receives all or
any portion of its utility service from a governmental agency or from a
water or 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
8
JUN 2 6 1995 BOOK
L
r--- I
JUN 29 1985 BOOK f'.GE 6
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.
(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.
Should the Utility desire to establish rates and charges or should
the Utility desire to increase any charges heretofore established and
approved by the Board, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
Published in said County at least one time not more than one month or
less than one week preceding such hearing. Certified proof of
Publication of such notice shall be filed with the Board. said hearing
may thereafter be continued for a reasonable time as determined by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by such order, then Utility may seek review of
the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County. The Board shall act on the rate request
within ninety (90) days following the public hearing.
CONNECTION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing held in
conjunction with public hearing held for setting the rates.
FPMMISE FEE
The Utility hereby agrees to pay to the County a franchise fee in
the amount of six percent (6%) of the Utility's annual gross receipts or
9
- M M
operating costs which includes the rate of return allowed under this
franchise agreement (or the sum of five hundred dollars ($500),
whichever is greater) derived from monthly service charges to defray
the cost of regulation and for use of County rights-of-way and public
places. The Utility shall pay the 6% franchise fee quarterly. said fee
shall be shown as a separate additional charge on utility bills.
Escrow Charges
In the event of an acquisition by the County, or the utilization of
the County's own plants, the County shall receive the water distribution
and/or wastewater collection system free of cost and in good repair,
wear and tear excepted. The Utility agrees to grant to the County any
easements necessary to connect the water and/or wastewater system to the
County's water/wastewater systems without charge. The Utility shall pay
all escrowed impact fees upon acquisition or upon connection to county's
own plants.
ROMML & ACCOUNT
Two and one half percent (2h$) 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 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.
11. Section 15 of Resolution No. 74-15 is hereby amended to read
as follows:
SBCTION 15
The Utility shall supply the County with a copy of the Utility's
annual report and financial statements. All records and all accounting
10
�J
UN 26 1995 acox 61 r,,cE 3i®
r- I
JUN 2 6 1995 BOOP( 61 PAGE 7
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 frau a
CPA certifying that the six percent (6%) franchise fee and the two and
one-half percent (2�%) renewal and replacement account has been
collected and disbursed in accordance with the terms of this Agreement.
12. Section 20 of Resolution No. 74-15 is hereby amended to read
as follows:
SECTION 20
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.
13. Section 21 of Resolution No. 74-15 is hereby amended to read
as follows:
SECTION 21
CONSTRUCTION PE Fdv=
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.
DEFAULT OF FRANCHISE
If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
11
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.
ENTRACrEJAL 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.
WAIVZVDQV�M
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.
12
JUN 2 6 1995 BOOK Face
L_
Fr- -1
JUN 2 6 1985 BOOK 61 F-4 .373
14. Section 22 of Resolution No. 74-15 is hereby amended to read
as follows:
GFYVPTrW 77
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.
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 2 6 t day of Xune , 1985.
Signed, sealed and delivered COUNTY OF IRIDIAN RIVER, FLORIDA
in the presence of: �J
By"7';ff/ - -
ATRICK B. ,okay NS,, I` '; Chairman
Board oSsioners
Attest:
1 �I-
Clerk; ,
ACCEPTANCE OF FRANCHISE ' ......
, owner of HOLIDAY VILLAGE, does hereby accept the
se, and for his 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.
D at Vero Beach, Indian River County, Florida, this�day
Of , 198 -!L
STATE OF FLORIDA
By- 00" �4
Adam NlcGavin, Owner
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared ADAM MCGAVIN, and he acknowledged before me that he
13
M
executed the foregoing instrument for the uses and purposes therein
expressed.
WITNESS my hand and official seal in the State and County aforesaid
this - day of ', 1985.
r
GALA I
No Public, State of FloridaAtorge
My Commission expires:
• r" Notary PAR, State of Florida
JKy Commission Expires Nov. 21, 1986
&nded By Ohio, Casualty insurance Co.
to
14
JUN 2 6 1985 BOOK 61 DICE .374
JIM 2 6 1985 Bm 61 pnE375.
111:,.;OLU'riord No, J4_15
BE IT RESOLVED by the Board of County
Count Commissioners of Indian River
'
y, Florida; er
SECTION ION l
This Resolution shall bo known and May be cited as" Mn- uir
g e/Treasure
Coast Utilities Franchise:
SECl'1ON:
For the purpose, of this Resolution, tile following terms, phrases words
and their derivations shall have the meaning riven herein. When not in
consistent
with the contest, words using the present ter► is include the future; word
plural number include the singular and vice v area, a in the •
The word "Shall" is always
mandatory,
(
(a) "County" in Indian River County,
►
, a political subdivision of the State
Of Florida;
(b) "Owner" is the Grantee of the ri8liw under this franchise, that is
TREASURE COAST UTll l-1,II S, INC.
(c) "Board" is the Board of County C011111tissioners of the County;
d) "Department" means the Indian River County Utilities Depnrtment;
ie any Pcrfaon, firm, 1rnF tncralti '
p, association, corporation,
company or organization of any kind. �
(f) "Territory" means the area locate(: in Indian River County, Florida,
outside the corporate limits of any municipality as the same is more particularly
defined and described herein .
(g) "utility" rneanc( water or sewer tit lities serving subdivisions, apartment
and }lollFilJl r '
g, compit-xF•F], e�,nei<�nriniutn, mobile home or trniler }suits, industrial
co►n11lexeFr, cahoppir,t; c(Ilte•rF; incl nirnilar systellm serving; mare than one building.
"Utility" inclucl�H wells, 1)utttl,Fr, tanks, treatment facilities, force mains,um
P P
stations, collection systems, service lines and pipes, real estate and easements
necessary to such nysterrts and includes every person, corporation, lessee, trustee
or receiver owning;, op('I'atlrlg;, mnna,0ng; or co ,trolling a utility system or proposing
P g
MAR A 1
Muction of a system or who is =ling or proposes to provide MP
service to the public.
SEC'T'ION 3
There is hereby granted by the County to the Owner, the exclusive franchise,
right and privilege to erect, construct, operate and maintain a water and sewer
system within the prescribed territory as herein provided and for these purposes
to sell sewerage collection and treatment services within the territory and for these
purposes to establish the necessary facilities and equipment and to lay and maintain
the necessary lines, pipes, mains and other appurtenances necessary therefor in.
along, under and across the public alleys, streets. roads, highways and other public
places of the County; provided, however, that the County reserves the right to permit
the use of such public places for any and all other lawful purposes and subject always
to the paramount right of the public in and to such public places.
SECTION 4
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:
T}le Wert 20.2.9 acres of Tract 4, `vection 26, Township 33 South,
Iiang;e 33 f;aAt, according to the Dist f;eneral plat of 111dinn River
l ar111s Cn1llpFitly, filed in'the office of the Cleric of the Circuit
Court of St. f,ur.ie County, IFlor•icin, in -Plat Book 2, Mage 25;
ollid land now lying and being in Indian River County, Florida,
SEC'T'ION 5
The Owner 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 or ordinance
provide.
_2_
BOOK
,SUN 26 1§8
JUN 2 6 1985 BOOK 61 P';,F 377
SECTION G
It is expressly understood and agreed by and between the Owner and The
County that the Owner 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 negligences on the part of the Owner
in the construction, operation or maintenance under the terms of this franchise,
The parties agree that in the constructioll of this section, the claim of any person
r
resulting from negligence on the part of the Owner may be prosecuted directly
by such person against the Owner as if no governmental immunity accrued to the
County by virtue of the Owner's use of a public place of the County. The County
shall notify the Owner, promptly after presentation of any claim or demand.
SECTION 7
The Owner shall maintain and operate its plant and system and render
efficient service in accordance with the rules and regulations as are or may be
set forth by the hoard from time to time. Additionally the Owner shall comply with
all requirements of the Department of Ilealth and Rehabilitative Services, Division
of Health, the Department of Pollution Control, the Indian River County Utilities
Department and appropriate planning agencies relative to construction, design,
operation, capacity, maintenance and expansion. The right is hereby reserved
to the County to adopt, in addition to the provisions herein contained and existing
applicable revolutions or laws, such additional regulations as it shall find necessary
in the exercise of the police power and lawful authority vested in said County, pro-
vided that such regulations shall be reasonnble and not in conflict with the rights
herein granted and not in conflict witil the laws of the State of Florida. The County
shall leave the "KI)t to supervise all construction or installation work performed
and to 111,11(0 wich itl(sllectioll an it shall fired necessary to inoure compliance
with all f;ovcrnirllf regulntionn. Upon the termination of this franchise, the
Owner shall errant and deliver to the County, upon demand of the County, all
Of its facilitieri, syste►n, easements and rights appurtenant thereto (except the
treatment plant and the site for sante) lying within Indian River County without
M
charge to the County. In the event any Dart or all of the territory covered
by this franchise shall be hereinafter incorporated in the, limits of any munici-
pality of the State of Florida, then in such event the Owner agrees as a part
of the consideration of the granting of thio franchise that said municipality
is herewith granted the right, power and authority to acquire all the property,
assets and facilities of the Owner witllout charge used in its services under
this franchise,
st�,c�rlc�r: >1
Owner slinll commence construction of its sanitary sewer treatment and
collection system within 00 days from' date, otherwise the franchise created
hereby may become void and of no further force or effect at the option of the
Board. All the facilities of the Owner shall be constructed only in accordance
with plane and specifications approved by the State Board of Ilealth of the State
of Florida and the Indian River County Utilities Department and the quantity
and quality of sewerage treatment shall at all times be and remain not inferior
to the rules. regulations and standards now or hereafter adopted by the State
Board of Health. Whenever it is necessary to shut off or interrupt services
for the purposes of making repairs or installations, the Owner shall do so at
such time as will cause the least amount of inconvenience to its consumers
and unlem; finch repaire are unforeseen and immediately necessary, it shall give
reasonable notice thereof to its customers.
SE TICN 9
(a) The Owner shall have the . uthority to promulgate such rules,
regulations, terms and conditions coveri.ig the conduct of its business ne shall
be
reasonably
necessary
to enable the Owner to exercise its rights and perform
its
obliratlonE3
undor• this
franchise, and to issue an uninterrupted service to
such -111(1 all of it9 conF11111)(4rP. provided , however, that such rules, regulations,
terms and conditions Fahall not be in cor flict with the provisions hereof or -with
the laws of the State of Florida and all .)f the same shall be subject to the
npprovnl of tho Donrd.
BOOK 61 F",E 3 i 8
JUN 2 *6 1995 BOOK 61 PA,E,
(b) At all times herein where discretionary power is left with the
Hoard of County Commissioners, the Owner, before discretionary action is taken
• by The Board of County Commissioners, may request *said Board that a group
of arbitrators be authorized to determine such discretionary action and such
group shall consist of:
1. Board's Consulting Engineer
2. Company Engineer
3. One person selected by the two above persons. The Board of
Arbitrators so authorized and constituted shall make recommendations to the
Board of County Commissioners but such recommendations are not mandatory,
Any final decision the arbitrators or Board may have, with respect
to this franchise, may be appealed to the Circuit Court of Indian River County
by either party.
SlIXTION 10
All pipes, mains, lift stations, pumps, valves and other fixtures laid or
placed by the Owner shall be so located in the public places in the County as
not to obstruct or interfere with any other uses made of such public places
already installed. The Owner 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 pavement, side-
walk, driveway or other surfacing, the Owner shall at its own cost and expense
and in a manner approved by the Count, 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
year. In the event that any time the Cc,inty shall lawfully elect to alter or
change the grade or or relocate or wicle!i or otherwise chnngo any such public
way, tho Owner r+hnll, upon rvasonahle notice by the County, remove, relay,
and relocate it.,.; fixtures at its own expense, The Owner 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 Owner shall have located its
facilities shall bo closed, abandoned, vacated or discontinued, the Board may
terminate such easement or license of the Owner thereto, provided, however,
in the event of this termination of easement, any person, except the County,
requesting, such termination shall pay ' to the Owner, in advance, its costs of
removal and relocatir)n of the removed facilities in order to continue its service
as theretofore existing, or in the County shall retain an easement not less than ten feet
in width for the benefit of tho Owner and its facilities.
2
SICl'IUN ] 1
The Owner shall not as to rates, charges, services, facilities, rules,
regulations or in any other respect make or grant any preference or advantage
to any person nor subject any person to any prejudice or disadvantage, provided
that nothing herein shall prohibit the establishment of a graduated scale of charges
and classified rate schedule to which any consumer coming within such classification
would be entitled.
SECTION 12
(a) 'The Owner shall furnish supply, pl y, install and make available its
water and sewer collection and treatment system to any and all persons within
the territory making; demand therefor, and shall provide such demanding person
with its services and facilities within 00 days from the date of such demand;
provided, however, that the Board may, upon application of the Owner,. extend
the time for providing such service to such demanding; person. In the event,
the Owner fails to provide its services and facilities to any area within the
territory within the time provided, then ill such event the County may by
resolution of the Board limit, restrict and confine the territory to that area
then being; serviced by the Owner or such greater area as the Board shall
determine and thereafter the territory shall be the only area set forth, defined _
and provided by the Hoard and the provision of thin franchise shall not extend
beyond the liniitw of the rtrea so re:atricted and defined,
(b) The Owner shall not be required to furnish, supply, install and make
available
its sewer collection and treatment system to any
person
within
the
JUN
2 6
1985
sou
61
rAu.38®
(CHARD P. BOGOSIAN
ATTORNEY AT LAW
8 TWENTY-FIRST STREET
iRO BEACH. FLORIDA
32960
5
BOOK �aU,`C
RESOLUTION NO. 77-94
I
The Board of County Commissioners of Indian River County,
Florida, resolves:
I
I. That pursuant to the provisions of Chapter 125.01,
I
Florida Statutes, this Board did, under date of March 6, 1974,
11 � I
issue!a franchise'to Treasure Coast Utilities, Inc., a Florida
corporation, by Resolution known as Maguire/Treasure Coast
Utitlities Franchise. Under date of June 29, 1977, the holders
i
of said franchise, joined by Edward S. Goodman and Rose M.
Goodman, his wife, and Alex Rowen and Teresa Rowen, his wife,
did make application in writing for transfer of said franchise to
Edward -S. Goodman and Rose M. Goodman, his wife and Alex Rowen
and Teresa Rowen,1his wife. The Board did thereafter publish
notice of a public hearing, as more fully appears by proof of
publication of said notice heretofore set forth in the Minutes of
this meeting, and has conducted a public hearing pursuant to'such
i
notice, and finds that the proposed transferees have met the
i,
III
same requirements and are in a position to comply with the same
rules and regulations which would be required if they were an
original applicant for such franchise. !
2. The application for transfer of the Franchise is
approved and this Board does herewith declare that henceforth
Edward S. Goodman and Rose M. Goodman, his wife, and Alex Rowen
and Teresa Rowen, his wife, are the holders of said franchise
entitled to all of the privileges granted and bound to comply with
all of the provisions of said franchise as if the franchise had
been originally granted to them.
territory as hereinafter set forth, unless the same may be done at such a
cost to the Owner as shall malce the addition proposed, financially and physically
feasible. I"inancially feasible shall mean that with a fair and reasonable rate
to be charged by the Owner for all the services under this franchise, to
the end, that such rate will produce to- the Owner a sum sufficient to meet
all necessary costs of the services; including a fair rate of return on the
net valuation of its property devote-(] thereto, under efficient and economical
management. The burden of showing; that a prospective service to the area
is not financially feasible shall be the burden of the Owner.
SI.:CI'IUi1 13
The Owner shn11 not sell or transfer its plant or system to another nor
transfer any rights udder this franchise to another without the tl approval of
p the
Board and provided, further, that 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 transferrable and assignable until notice
or request
for transfer and
assignment shall be
given by
the Owner
to the Board
in writing;,
accompanied by
a request from the
proposed
transferee,
which
application shall contain information concerning the financial statue and other
qualifications of the proposed transferree and such other information as the
Board may require. A public hearings 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 nor less than one week
preceding; Fuck hearing , Certified, proof of publication of such notice shall be
filed with the koard . Saict lic,;11•ing, may thereafter be continued from tithe to
time as by the. lkoai-d . The Itoard will, however, approve or dis-
approve such sale or transfer within ninety (90) days from the date of said
public hearing.
The consent by the Board to any assignment of this franchise
BOOK 61 F;.",�
JUN 261985 - 7 - MnFs 8 1974
JUN 26 1985
shall not unreasonably be withheld.
SECTION 14
BOOK
1 uGF.183
The rates charged by the Owner for its service hereunder shall be
fair and reasonable and designed to meel, all necessary conte of the service,
including a fair rate of return on the net valuation of its properties_ devoted
thereto under I efficient and economical management. The Owner agrees that it
shall be subject to all nutllority I1ow or hereafter possessed by the County or
any other regulartory body having conlpetent jurisdiction to fix just, reasonable
and compenentory raters. When this franchise takes effect, the Owner shall have
authority to charge and collect not to exceed the following rates:.
i
I
MONTHLY SLtti'LR AND WATER RATES
AND CUNNLC PION CHARGES
Sewer and water charges: - $7.50 per unit connected
Connection charge: - $457.00 p,. -,r connection
(includes both water
and sewer)
Owner's rates c+hnll at all times be subject to the review and approval
of Indian River County's Board of County Commissioners and no change may
be made by Owner in the basis of its rates without first making application
therefor and public hearing thereon,
SE'C'TION 15
The County shall have access at all reasonable hours to. all of the
Owner's plans, contracts, engineering data, accounting, financial, statistical,
-0-
consumer and service: records relating to the property and the operation of the
Owner and to nll other records, required to be kept hereunder, and it shall file
such accounting reports and data with the County when required.
SEC:'1 I(D., 16
The Owner shall at all times maintain public liability and property
damage insurance in such amounts no shall be required from time to time
by the Board
in accordance
with good
btwinces practices no
determined by
safe business
standards as
established
by the Board for the
protection of the
County and the general public ind
for
any
liability which may result from
any
action of the Owner. The County
shall
1,e
named no an additional insured
on
all such policies of'ansurance and n copy of the policy shall be delivered to
the County Administrator. If any person serviced by the Owner under this
franchise complains
I
to
the Board concern ng
rates,
chargee
and/or
operations
of such utility and
the
I
Owner .after requ(-A
is made
upon it
•
by the
Board,
- fails to satisfy or remedy such complaints, or objections or fails to satisfy the
Board that said complaint or objection if, not proper, the Board may thereupon,
after due notice to such utility, schedule a hearing concerning such complaint
or objection and the Bonrd may review t) -e rates and chargee set and charged
by the Owner for the nervices which it furnishes or the nature and character
of the service it furnishes or the quality or services furnished, If the Beard
enters its order pursuant to such n hear ng and the Owner feele it is aggrieved
by such order, the Owner may seek rev ew of the Board's action by proceedings
in the Circuit Court of the County; other wise, the Owner shall promptly comply
with the order of the Board.
S);CTIO, : 1.7
,-'hould the Opti ►ger c14-rire to inci-oarc any charl;ee heretofore established
and approvod by the Hoard, then the 0,.� nvr shall notify the Board in writing,
setting; forth a fichedule of rates and ch<+rges which it proposes. A public
hearing shall be held on such request, .,f which notice shall be given by
JUN 2 6 1985 BOOK 61 rnE-3,84
, 198 ~y BOOK G- F Ij
IF9.�: �
Publication in a newspaper regularly published in said County at least one
time not more than one month nor less than one week preceding such hearing,
Certified proof of publication of such notice shall be filed with the I3oard.
Said hearing may thereafter be continued from time to time as determined by
the Board. The Board will, however, approve or disapprove said increase
in rates within ninety (90) days of said, public hearing. If the Board enters
order pursuant to said hearing t; g
and the Owner or any person feels aggrieved
�
by such order, the') the !Owner or such person may seek review of the Board's
action by proceedings in the Circuit Court of the Gounty.
SECTION in
Prior �o the Owner constructing any of its facilities as herein authorized
the Owner shall make application to and obtain a permit from the Indian River
i
County Utilities Department authorizing said construction. The County shall
have the right when special circumstances exist to determine the time in which
such construction shnll be done.
SECTION 19
If the Owner fails or refuses to promptly and faithfully keep, perform
and abide by each and all of .the terms and conditions of this franchise, then
the Board shall give the Owner written notice of such deficiencies or defaults
and a reac;onahle time within which the Owner shall remedy the same, which
notice shall specify the deficiency or default. If the Owner fails to remedy
such deficiency or default within the time required by the notice from the
Board, the Board may thereafter schedule a hearing concerning the same with
rensonable notice thereof to the Owner � nd after such hearing at which all
interested lint -ties shall be heard, the Beard may further limit or restrict this
franchise or may terminate and cancel the same in whole or in part if prober
reaSons thcr(!tor are f<.ulld l)y the Hoard . If the Board enters order pursuant
to such h"'Wind; rind the Owner or any ether person feels ngl,rievCd by such
order, the utility or ouch other person may seek review of the Board's action
by proceedingn in the Circuit Court of the County.
M
SliCT1Oi 20
This franchise shall not affect, 1,1 -nit or restrict the rights or privileges
as set forth and contained in any license issued to any utility heretofore granted
i
by the Board kirsunnt to Section 125.42, Florida Statutes,
i• .
S1.1,CT10r, 21
The franchise and rights herein granted shall take effect and be in force
from and after the time of the adoption of this resolution
by the Board
and shall continue in force and effect until such tirhe as the County, a municipal
corporation of the State of Florida, within the territory of this franchise, may
install or acqu�re its own sewernge collection and treatment system
and
supplies the same' W. individual customerE• at which time, Owner will convey
j Y
all of its facilities (except for sewer*trealment plant and plant site) and easements
for location of sameas Owner may' own, free and clear of all liens or
mortgages,
to said County without charge; provided, however, that within sixty days from
the time of the adoption of this resolution, the Owner shall file with the Board
its written acceptance of this franchise and all of its terms and conditions and
provide further that if such acceptance is not filed within the time specified,
' then the provisions of this franchise shall be null and void,
SECTION 22
If any word, section, clause or I art of this resolution is held invalid,
such portion shall be deemed a separate r.nd independent part and the same shall
not invalidate the remainder.
IN WITNI-SS WII1�1tI:0F, the Board of County Commissioners of Indian
River County, Florida, has caused this franchise to be executed in the name
Of the County of Lldian Il.iver by the Chairman of the Board of County Com-
,
11118H1on('I'kt, and itr� F3eill to lje affixed and attested by itrl Clerk, nil pursuant
to the renolution of the 13oard of County Commissioners adopted on the 6�
day of (a - 1074.
Sign��rl, 0(" lOd filed delivered
in the preaence of :
JUN 9 q 1985-
L -
BOOK U, Fr1(;E °-386
JUN 2, 6- 1985 `"
BOOK F°GF-387
C( UNTY OF INDIAN RIVER, FLORIDA
e i
s � ( ) GZ
As Chariman of the Board of %r
County Commissioners
i
- At' est:
Clerk
ACCEl"I'ANCU OF FRANCHISE
;II
The i�rldereigned hereby accepts he foregoing franchise and for themselves
and their Lucceseors and assigns, do hei eby covenant and agree to comply
with and abide by all the terms, conditio-is and provisione therein set forth
I "^
and contained.
DATED this / j �!-Jf
day of / 1� �'`, 1874.
'I
i
T) E'A
SURL COAST
UTILITIES, INC.
I a i .. r s .•�•�
i� � .t ,1. • ri'f
PRESIDENT
A' TEST-
B,
EST-
/
�
Approved f11!,tor(r) r
County AneY
SECRETARY
REQUEST FOR AUTHORIZATION FOR PUBLIC HEARING FOR ORDINANCE RE
PRESERVATION OF SCENIC AND HISTORIC ROADS IN INDIAN RIVER COUNTY
The Board reviewed the following memo dated 6/14/85:
TO: Board of County DATE: June 14, 1985 -'-FILE:
Commissioners
► JUN19b�
nF
ti
SUBJECT:
80 �lm Ordinance re: Preser-
c°MMMs10N vation of Scenic and
Historic Roads in
Indian River County
FROM: Gary M. Brandenburg, REFERENCES:
County Attorney
The Indian River County Scenic Roads and Trails Committee,
after considerable debate and several drafts, recommends the
adoption of the attached Ordinance.
The County Attorney's Office now requests the Commission
review the Ordinance and determine whether to set the
Ordinance for public hearing for possible adoption.
Sincerely
Zan,
Ruth Stanbridge, Chairman of the Scenic Roads & Trails
Committee, advised that they had originally considered an
ordinance for Jungle Trail alone, but it evolved into a general
ordinance which would cover other roads in the County.
Attorney Brandenburg explained that if this ordinance is
adopted today, other roads could be added later on as it is still
up to the Board to decide whether or not a road should be paved.
Commissioner Bird understood that the proposed ordinance
mainly pertains to the area within the right-of-way and is
against encroachment by structures, above -ground utilities, etc.
etc.
Attorney Brandenburg confirmed that the erection of
structures within the protected area is prohibited. "Structures"
27
388
JUN 2 BOOK f ��:�
r -7
JUN 9 1985
BOOK NAI uE 3o9
is defined as all buildings or other products of construction,
including walls, pools, fences, decks, etc.; however, that 30
feet would be able to comprise the setback required in our other
ordinances. He noted that owners of two projects along Jungle
Trail have agreed to a 50 -foot setback from the road.
Commissioner Wodtke asked if that included signage for Jones
Pier, and Attorney Brandenburg stated that anything that is
existing would not have to be removed.
Mrs. Stanbridge stated that Jones Pier is part of the road's
history and their sign will be grandfathered in; however, that
leads us back to having a non -conforming sign.
Commissioner Bird understood that if this ordinance is
adopted this morning, it is up to the Commission to designate
certain roads in the County as scenic, historic roads, and
Chairman Lyons advised that two or three roads are already
designated as such in the Comp Plan and this ordinance provides
the ability to add other roads at the Commission's discretion.
Public Works Director Jim Davis explained each development
along Jungle Trail would have to be considered separately with
respect to utilities. He noted that there are several
underground utilities now in Jungle Trail, and felt that in many
instances we are not going to be able to deny those corridors as
utility corridors. We are going to have to make sure that the
manner in which the utilities are placed does not aethestically
destroy the historic and scenic significance.
Attorney Brandenburg noted that the ordinance is written so
that individuals are not allowed to proceed with any filing
activities without the prior authorization of the Planning 8
Zoning Commission. It is not a strict prohibition, however, as
the idea is that the Board will adopt a resolution allowing for
the Planning & Zoning Commission to approve and authorize such
things as overhead utility lines, etc.
28
Mrs. Stanbridge stated that the roads designated in this
ordinance are Winter Beach Road, the Fellsmere Grade Road,
Quay Dock Road and Jungle Trail south of CR -510.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized a public hearing for an ordinance
providing for the preservation of scenic and historic
roads in Indian River County.
APPEAL OF CONDITION ATTACHED TO PRELIMINARY PLAT APPROVAL - OLD
SUGAR MILL ESTATES SUBDIVISION, UNIT 5
The Board reviewed the following memo dated 6/14/85:
TO: The Honorable Members DATE: June 14, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
Appeal of Condition
SUBJECT: Attached to the
Robert M. Keati g,Ft
P Preliminary Plat
Planning & DevelopmDirector Approval of Old Sugar
Mill Estates Unit -5
THROUGH: Mary Jane V. Goetzfried Subdivision
Chief, Current Development
FROM: Stan Boling REFERENCES:
4.6% Staff Planner
It is requested that the data herein presented to given formal
consideration by the Board of County Commissioners at their
regular meeting on June 26, 1985.
DESCRIPTIONS AND CONDITIONS:
Old Sugar Mill Estates Unit 5 is a .6 lot, + 4.4 acre
subdivision phase located on the north side of 12th Street,
west of 43rd Avenue. The property is zoned RS -3 (Residential
Single Family up to 3 units/acre) and has a LD -1 (Low Density
Residential up to 3 units/acre) land use designation. The
proposed building density is + 1.36 units/acre.
At their regular meeting of May 23, 1985, the Planning and
zoning Commission granted preliminary plat approval to Unit 5,
subject to the condition (as recommended by staff) that the
applicant dedicate 50 feet of additional right-of-way along the
12th Street frontage of Unit 5. Although the Commission did
not feel that the requirement was fair, they felt obligated to
ensure that the plat would' be in conformance with the
right-of-way widths called for in the comprehensive plan and
the subdivision ordinance.
29
JUN 2 A 1985 BOOK
r JUN
¢ '' 1985
%1
BOOK 61 MGF 9. 91
Attorney Bill Caldwell, on behalf his client, owner/applicant
Ralph Waldo Sexton, is now appealing the condition attached to
preliminary plat approval by the Planning and Zoning Commission.
The owner/applicant wishes to be scheduled for consideration at
the June 26, Board of County Commissioners meeting, but have
the hearing continued to a time certain in September, to allow
time for summer workshop meetings on right-of-way requirements
and acquisition.
ALTERNATIVES AND ANALYSIS:
As submitted, the Unit 5 preliminary plat depicts. a dedication
of an additional 10 feet along the 12th Street right-of-way.
This dedication would render a total right-of-way width of only
60 feet along this road segment. The Thoroughfare Plan and the
Comprehensive Plan (p. 80) both designate 12th Street as a
primary collector. Both also describe the minimum right-of-way
width for primary collectors as 100 feet. The`Comprehensive
plan states that "...right-of-way widths will correspond to
those indicated in the Thoroughfare Plan (p. 75)." Further-
more, section 10 of the subdivision ordinance states that the
minimum primary collector street right-of-way width is 100
feet, and that "no variances will be granted on minimum
right-of-way widths for public streets".
Currently, the 12th Street right-of-way width along the pro-
posed unit five frontage is only 50 feet. An additional 50
feet of right-of-way is needed to bring this segment of 12th
Street into conformance with the Thoroughfare Plan, Comprehen-
sive Plan, and the subdivision ordinance. All 50 feet of the
additional right-of-way needs to come from the north side of
12th Street, because the right-of-way is bounded to the south
by a 30 foot wide Indian River Farms Drainage District canal
right-of-way. The existence and location of the canal and
right-of-way is, in effect, a barrier to acquiring future
additional right-of-way to the south. In these situations, it
is currently the county's policy to add right-of-way from the
north side of the street.
However, the Planning and Zoning Commission, staff, and the
applicant favor holding workshops to effect a county -wide
policy for obtaining the necessary street right-of-way along
canals. Staff is scheduling a workshop in the third week of
July. After a workshop has been held, the Board would be
better able to act on this appeal.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners continue
the hearing of this appeal to a time certain in September 1985.
Stan Boling, Staff Planner, explained that they wanted this
placed on today's agenda so that the applicant would be within
the appeal process outlined in the Subdivision Ordinance, and
then have it tabled until after the problem of acquiring
right-of-way is addressed during the September workshops.
Attorney Brandenburg advised that there is no necessity to
30
M`
have a public hearing today and recommended that the appeal be
rescheduled for the meeting of September 25, 1985.
William Caldwell, Attorney representing owner/ applicant
Ralph Sexton, stated his client is in concurrence with County
staff with respect to finding a fairer way of determining the
donation of the right-of-way rather than the property owners of
land on the north side of 12th Street giving the entire 100 feet
without compensation.
Planning & Development Director Robert Keating stated that
staff is preparing background information describing the problem
in detail and weighing all the alternatives.
Commissioner Bird agreed that we really do need a fairer way
of determining who gives the right-of-way on roads running east
and west along canals.
Commissioner Wodtke wanted to look also at each of those
streets separately and perhaps modify the Thoroughfare Plan which
designates 12th Street as a primary collector.
Director Keating stated that actually staff has identified
all the alternatives and are considering all the advantages and
disadvantages of each. He advised that the traffic consultants
have evaluated the Thoroughfare Plan and also have costed out the
right-of-way that is needed, and that information will be
presented at the September meeting.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
rescheduled this issue for the meeting of
September 25, 1985.
PROPOSED FEE SCHEDULE FOR PRD, SPECIAL EXCEPTION,_ PLAT VACATION,
SITE RE -INSPECTION, TEMPORARY USE, AND SUBDIVISION VARIANCE
APPLICATIONS AND REQUESTS
Stan Boling, Staff Planner, reviewed the following memo
dated 6/14/85:
31
BOOK 61 P°.Gr 3,9?
FF_
JUN 26 195
I
TO: The Honorable Members ATE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE
BOOK.C-jP�,;E
June 14, 1985 FILE:
SUBJECT:
Robert M. Xeatilng Lq
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
PROPOSED FEE SCHEDULEFOR
PRD, SPECIAL EXCEP-
TION, PLAT VACATION,
SITE RE -INSPECTION,
TEMPORARY USE, AND SUB-
DIVISION VARIANCE APPLI-
CATIONS AND REQUESTS
FROM: Stan Boling REFERENCES: NEW FEES
46 Staff Planner Prop. Fee Sched. Memo
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on June 26, 1985.
DESCRIPTION AND CONDITIONS:
Recently, several new additions or amendments have been made to
the Zoning Code. These include the residential zoning district
ordinance (No. 85-4), the planned residential development (PRD)
ordinance (No. 85-5), the site plan ordinance (No. 85-47), and
the general provisions ordinance (No. 85-44). These ordinances
established several new review procedures and applications,
including PRD applications, special exception requests, develop-
ment site re -inspections, and temporary use permits. For each
of these activities, a fee must be established to cover a
portion of the County's costs.
Besides the new programs created by the recently enacted
ordinances, there are several types of reviews for which fees
had never been set. These include plat vacation requests and
subdivisions variance requests. Fees must now be set for both
of these review activities.
At their regular meeting of June 13, 1985, the Planning and
Zoning Commission voted unanimously to recommend that the Board
of County Commissioners approve the proposed fee schedule (see
attachment #2).
ALTERNATIVES AND ANALYSIS:
The fees proposed are comparable to existing fees charged for
similar types of review. The proposed fees are set to cover
notice and advertising costs, some of the administrative costs,
and some of the costs associated with staff review time. For
projects requiring more than one type of application or request,
the proposed fees are generally less for concurrent review of
applications than would be charged for separate review.
All comparisons between existing and proposed fees are shown on
attachment #1 ("Fee Comparison Chart"). 'The proposed fees, as
shown on attachment #2 ("Fee Schedule") were derived from these
comparisons and the recommendations of the individual staff
persons involved in the various types of development review.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners approve the proposed fee schedule by
adopting the attached resolution.
31a
Commissioner Bowman asked if the fee covered just the cost
of advertising the legal notice or if it would include
administrative costs such as typing, postage, etc.
Mr. Boling advised those costs were covered along with some
other administrative costs.
Planning & Development Director Robert Keating believed all
the fees would have to be raised significantly to cover the
entire cost of these items. He noted that most of these fees
were new fees.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-70, providing for the establishment of
application fees for PRD, Special Exception, Plat
Vacation, Site Re -inspection, Temporary Use, and
Subdivision variance requests.
32
JUN 2 6 190
BOOK 61 F,App
Mme N : .
RESOLUTION 85- 70
BOOK l f'�'UE 395
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF APPLICATION
FEES FOR CONCEPTUAL PRD SPECIAL EXCEPTION, PRELIMINARY PRD
PLAN, PRD FINAL SPECIAL EXCEPTION, PRD LAND DEVELOPMENT PERMIT,
FINAL PRD PLAN, PRD PLAN MINOR MODIFICATION, FINAL PRD PLAN
MAJOR MODIFICATION, SPECIAL EXCEPTION REQUESTS, PLAT VACATION
REQUESTS, RE -INSPECTION OF DEVELOPMENT SITES, TEMPORARY USE
PERMITS, VARIANCE FROM SUBDIVISION ORDINANCE.
WHEREAS, the Indian River County Zoning Code requires the
establishment of fees by resolution of the Board of County
Commissioners; and
WHEREAS, the fee schedule established herein is to cover
some of the notice, advertising, inspection, and administrative
costs incurred in the required review and hearing processes
associated with the applications and requests for which fees
are hereby being established.
Now, therefore, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
The following fee schedule is established:
I. PLANNED RESIDENTIAL DEVELOPMENT APPLICATIONS
FEE CATEGORY
(A) Conceptual PRD Special Exception
[includes conceptual PRD Plan]
1:v Di n "clikN
...less than 5 acres ... $450.00
...5-40 acres... ....... $650.00
...over 40 acres but
less than 100......$800.00
...100 acres or more ... $900.00
plus ..............$ 50.00
for each additional
25 acres over 100 acres
(B) Preliminary PRD Plan ..less than 5 acres ... $450.00
[includes site plan and preliminary plat]
...over 5 acres but
less than 10......$600.00
...10 acres or more .... $800.00
(C) PRD Final Special Exception ................combine above applicable
[carbination of (A) and (B)] fees and subtract $150.00
(D) PRD Land Development Permit ...................................$500.00
(E) Final PRD Plan .................................................$250.00
s � �
RESOLUTION 85- 70
(F) PRD Plan Minor Modification .....................................$ 75.00
(G) Final PRD Plan Major Modification ...............................$350.00
II. SPECIAL EXCEPTION REQUESTS
[fees to be added to site plan application fees]
less than 5 acres .........................$150.00
5-40 acres ................................$275.00
over 40 acres but less than 100 ...........$400.00
100 acres or more .........................$525.00
plus .....................................$ 25.00
for each additional 25 acres over 100 acres
III. PLAT VACATION REQUESTS
(1) Plat vacation request ...........................................$100.00
(2) Plat vacation request concurrent with final plat application ....$ 50.00
IV. RE -INSPECTION OF DEVELOPMENT SITES ..............................$ 25.00
V. TEMPORARY USE PERMITS ...........................................$ 15.00
VI. VARIANCE FROM SUBDIVISION ORDINANCE .............................$ 75.00
The foregoing resolution/was offered by Commissioner
Wodtke who moved its adoption. The motion was
seconded by Commissioner Bowman , and upon
being put to a vote, the vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Absent
Commissioner Richard N. Bird Ave
Commissioner Maggy Bowman Aye
Commissioner William C. Wodtke, Jr. Ave
The Chairman thereupon declared the resolution duly passed
and adopted this 26th day of June , 1985
i
Attest://
FREDA,,,WRIGHT, Ojerk
STATE OF'FLORIDA
COUNTY OF INDIAN RIVER
BOARD OF C NTY COMMISSIONERS
OF IND R ER COUNTY, FLORIDA
Af
B , vz4
ICK B. VONP;, Chairman
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in*this State and County to take acknowledge-
ments, personally appeared PATRICK B. LYONS and FREDA WRIGHT,
as Chairman of the Board of County Commissioners and Clerk,
respectively, to me known to be the persons described in and
who executed the foregoing instrument and they acknowledged
before me that they executed the same.
BOOK
JUN 26 1985
RESOLUTION 85-70
BOOK 61 r,A.�F -3 9
WITNESS my hand and off'cial seal in tl Co my and State
last aforesaid this day of A.D.,
1985. �~
AF
SU
BY
ary Public �-
RM
NOTARY PUBLIC STATE OF S A G 1'AT 9 B S
MY COMMISSIOtd E7(PIRES U4
soN@FD p%U GUI ' 1�lS+-
DER/ARMY CORPS AND DNR PERMIT APPLICATIONS - FLORIDA LAND CO.
Art Challacombe, Chief of Environmental Planning, reviewed"
the following memo dated 6/18/85:
TO: The Honorable Members DATE: June 18, 1985 FILE:
of the Board of County
.Commissioners
DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS
SUBJECT: APPLICATIONSMIT
9M, zzw
Robert M. K at'ng, ICP
Planning & Development Director
FROM: Art Challacombe mbe REFERENCES: FL Land Co.
Chief, Environmental Planning Section DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on June 26, 1985.
D.E.R. DREDGE & FILL PERMIT APPLICATION FILE NO. (S)
31-104841-4 (EROSION CONTROL & 31.-104842-4 (WALKWAY & DOCK
APPLICANT: Florida Land Company
35
WATERWAY & LOCATION: Indian River, Section 26, Township 32S,
Range 39E, on Jungle Trail Road.
WORK & PURPOSE: The applicant proposes to construct a 900'
revetment consisting of rock aggregate and coarse sand fill
held in place by stepped pilings and railroad ties. Total fill
material will consist of approximately 692 cubic yards. In
addition, the applicant proposes to construct six docks and a
shoreline walkway. The docks range in length to a maximum of
85' with°a total of 48 boat slips for the project.
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill -applications to the permitting
agencies based upon the following:
- The conservation & Coastal Zone Management Element of
the Indian River Comprehensive Plan;
- Coastal Zone.Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region; and -
The Hutchinson Island Resource Planning & Management
Plan.
- The Code of Laws & Ordinances of Indian River County
The erosion control aspects of this project are the result of
the agreement between Florida Land Company and Indian River
County. As stipulated in the agreement, Florida-- Land Company
has agreed to stabilize the shoreline at their expense in
return for the County permitting the realignment of Jungle
Trail-.
In reviewing the environmental impacts of the project, staff
conducted field studies of the area and found no significant
benthic habitat communities. The river bottom adjacent to the
proposed project has been scoured by continuous boat wake
action. It is expected that no major damage to benthic habitat
will occur provided that during construction turbidity screens
are utilized.
Staff concurs with the 1:3 slope ratio vegetative plantings
proposed by the applicant for the stabilization project.
Staff, however, recommends that the applicant provides an armor
toe at the base to protect against wave washout.
The Indian River County Code of Laws and Ordinances provides
that docks be constructed as ancillary structures to existing
primary structures as defined by the zoning district. Pre-
sently, the property owned by Florida Land Company contains no
primary structures, thus the dockage project could not be site
plan approved by the Planning & Zoning Commission unless a
variance is granted by the Board of Adjustment. It is antici-
pated that the applicant will request a variance and submit a
application for review by the Planning Department.
The dockage project raises two issues which should be con-
sidered by the appropriate agencies in reviewing the D.E.R.
permit application.
1) compatibility of the proposed docks with existing
navigation;
2) cumulative impacts of this and other multiple dockage
projects proposed to be constructed along the jungle
trail area upon the Florida manatee.
36
Roos
r JUN 26� I
1985 BOOK a Pa' 99
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward the following comments regarding
this project to the D.E.R.:
1) Indian River County has no major objection to the proposed
- project;
2) It is recommended that an armor toe be placed on the base
of the stabilization structure;
3) Site plan approval, as well as a variance to construct the
docks will be required from Indian River County;
4) The D.E.R. and other appropriate agencies should consider
the navigational aspects and potential impacts on the
project upon the Florida manatee.
Mr. Challacombe explained that staff's only concern is the
cumulative impact of several other requests for dock projects; he
noted that James Cain has submitted an application to construct
40 boat slips in a series of 3 docks along Jungle Trail and Sea
Oats also is looking to build some sort of dock structures.
Staff is concerned as to the overall impact when you combine
these with the potential DRI of Grand Harbor with over 600 boat
slips. Several agencies will be discussing these concerns with
regard to protecting the manatees and the threshold and capacity
of the river at tomorrow's meeting of the Wild Life Commission.
Chairman Lyons asked about parking for these docks, and Mr.
Challacombe explained that under the existing ordinance, we
cannot approve these docks without some sort of variance
procedure since they have not received site plan approval as yet.
Commissioner Bird wondered if we could somehow require that
they not construct the docks until the primary uses are approved.
Attorney Brandenburg advised that they cannot build the
0
docks even if they get the permit approved by the DER until they
receive site plan approval from the County for the primary use
that is allowed on the site, plus site plan approval for the dock
facility itself. He believed this is the old argument of whether
to apply first for a DER permit before applying to the County so
you can say it is already permitted, or whether you apply to the
37
- W W
County first and take the chance of someone saying it is
premature without having the DER permit.
Ruth Stanbridge, Chairman of the Scenic Roads and Trails
Committee, recalled that when the Committee first looked at this
area for erosion control by the County, they applied to the Corps
for a general permit and came extremely close to getting that
permit when Florida Land Company pulled an administrative
hearing. As a result of that administrative hearing, an
agreement was reached whereby they would do the erosion control
and we would try to relocate the roadbed in the right-of-way and
tie it down totally. However, that was simple for erosion
control, docks were never discussed.
Attorney Brandenburg agreed that the County did not make any
statement one way or another with regard to docks . However, at
the time the County entered into the agreement to realign the
right-of-way, the County knew that Florida Land Company's purpose
was to clear up the title on land adjacent to the river so that
they would have the right-of-way for docks. The County did not
say at that time whether we would approve of the docks or make a
negative comment on them, and that is really the issue before the
Board .today. He advised that the stabilization or erosion
control permit should proceed independently of the dock issue.
MOTION WAS MADE by Commissioner Wodtke, SECONDED by
Commissioner Bowman, that the Board approve staff's
recommendation as set out in the above memo with
respect to Florida Land Company erosion control
permit application #31-104841-4.
Attorney Brandenburg suggested that the County go one step
further and say that not only do we not object to it, but we are
in favor of it because Florida Land is doing this at the County's
request. He felt that we should urge the DER to issue the
erosion control permit as quickly as possible.
38
JUS � g BOOK 61 RGE400
JUN 2 9 1995
BOOK 61 t, -AGE: 01
Commissioners Wodtke and Bowman agreed to include those
comments in their Motion.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously (4-0).
Permit_ Application 31-104842-4 (Walkway & Dock)
The Board then considered the permit for the walkway and
dock as a separate issue.
Commissioner Bird did not feel it was fair to penalize this
applicant just because staff anticipates more dock applications
in the near future.
Mr. Challacombe stressed that staff feels the entire impact
of multiple docking projects should be considered.
Administrator Wright suggested that the Board approve this
request today since it only involves one dock, and then put a
freeze on all dock projects.
Ed Schlitt, local realtor, was concerned about the mention
made of the Cain project, which is in this general area. He
advised that they have been working with the Town of Indian River
Shores and the Jungle Trail Committee in getting the road
alignment settled and it was his understanding that these.dock'
facilities already were approved by the State agencies.
Mr. Challacombe explained that the County Commission is now
reviewing all DER and Army Corps permits, while previously these
were taken to the Planning & Zoning Commission, and they had no
objections nor did the staff, other than the cumulative impact.
Mr. Schlitt was under the impression that no one had any
objection to that particular permitting and stressed that this
was the first he had heard that there might be some objection.
He wished to be advised on how to proceed in plans for their
development since the river is very important to their
development; they are not building any homes on the ocean. Mr.
Schlitt further noted that significant monies have been spent on
39
this proj.ect and hoped that the manatee study would not delay
their plans.
Chairman Lyons emphasized that the Regional Planning Council
is very concerned about what this river can stand in the way of
docks, etc., and believed that at some point it is going to be
saturated.
Mr. Challacombe emphasized that in the recommendation staff
did not offer any major objections to this project or to the Can
project. Staff did feel, however, that the manatee issue should
be presented.
Attorney Brandenburg pointed out that the new law requires
the County to adopt a marina siting policy in the Comp Plan,
which he felt is really the area to address the cumulative impact
of all the dockage in the river by indicating in the criteria how
docks are to be placed and how many there will be.
Mrs. Stanbridge preferred that the dock issue be addressed
administratively though the controls provided within the County's
site plan process.
Commissioner Bowman felt that we should file an objection
stating that the docks are not in conformance with our County
ordinances, but Attorney Brandenburg advised that the docks are
an allowable use on this site provided the owner obtains
necessary approvals from the County. However, they have not
received site plan approval as yet. He noted that staff's memo
includes those comments.
Art Challacombe reviewed the following comments that staff
has recommended be transmitted to the DER with respect to the
docks:
1) That the docks require County site plan approval and that
they must be accessory uses to a primary structure;
2) That the DER consider the navigational aspects; and
3) That the potential impact on the manatee be considered.
40
BOOK Pg,F.�
BOOK 61 FnUE..403
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, that the Board authorize
staff to include the above comments in the letter
to the DER re Florida Land Company's permit application
#31-104842-4 for walkway and dock.
Chairman Lyons believed that, in effect, the Board's
position could be interpreted as an objection, and Commissioner
Bowman hoped that it would.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously (4-0).
GENERAL DEVELOPMENT UTILITIES WATER PURCHASE AGREEMENT
The Board reviewed the following memo dated 6/18/85:
TO: MEMBERS OF THE HONORABLE DATE: JUNE 18, 1985
BOARD OF COUNTY COMMISSIONERS
SUBJECT: GENERAL DEVELOPMENT
UTILITIES WATER PURCHASE
AGREEMENT
FROM: TERRANC JINTO
DESCRIPTION AND CONDITIONS
General Development Utilities, Inc. (hereafter referred to as "GDU")
entered into a Water Purchase Agreement with Indian River County on Decem-
ber 7, 1983 (Exhibit A), whereby Indian River County agreed to furnish
water to GDU pursuant to said agreement.
GDU has now completed final documents for said Water Purchase Agreement by
execution of a First Addendum conveying upon completion the entire line
from the County plant to the point of connection to Indian River County by
appropriate instrument as determined by the County Attorney's office. GDU
shall concurrently deed to Indian River County any and all easements
necessary for waterline and master meter placement to the point of con-
nection.
The location and size of the waterline are shown in Aerial Site Plans
(Exhibit B) .
RECOMMENDATION
Staff recommends approval of the First Addendum to Water Purchase Agree-
ment.
41
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the First Addendum to the Water Purchase
Agreement between Indian River County and General
Development Utilities, Inc., as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
RIGHT-OF-WAY ACQUISITION - SOUTHERLY EXTENSION OF INDIAN RIVER
oni a M /A nr%
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Resolution 85-71 declaring the acquisition of
certain parcels of property for right-of-way purposes
for the southerly extension of Indian River Boulevard.
42 BOOK 61 par.
JUN 2 6 1985
JUN 26 1985
I
BOOK 61 'a:;c 405
RESOLUTION NO. 85-71
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION
OF CERTAIN PARCELS OF PROPERTY FOR RIGHT OF WAY
PURPOSES FOR THE DEVELOPMENT OF TETE INDIAN RIVER
BOULEVARD SOUTHERLY EXTENSION FROM 16TH STREET TO THE
INTERSECTION OF 4TH STREET AND U. S. 1 IN INDIAN RIVER
COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY AND
AUTHORIZING THE PREPARATION AND PROSECUTION OF EMINENT
DOMAIN PROCEEDINGS.
WHEREAS, the County is authorized by Florida Statutes
X127.01(2) and §337.27(2) and (3) to acquire by eminent domain
those rights of way identified as necessary for future development
of transportation corridors designated by the County's Comprehen-
sive Land Use Plan; and
WHEREAS, the Comprehensive Land Use Plan identifies the
Indian River Boulevard corridor, southerly extension from the
existing terminus at 16th Street through to the intersection of
4th Street and U. S. 1 as a major north/south arterial in,the
South County area, the development of which will require acquisi-
tion of substantial road right of way, including specifically
those parcels more fully described in the attached Exhibit "A";
and
WHEREAS, the Board of Count Commissioners, on April
10, 1985, unanimously approved the right of way alignment for the
southerly extension of Indian River Boulevard as described herein;
and
WHEREAS, those parcels described in Exhibit "A" across
which the future Indian River Boulevard southerly extension will
extend are presently held in private fee simple ownership; and
WHEREAS, in order to acquire subject right of way and to
place the owners thereof on record notice that condemnation is
forthcoming, it is necessary for the County Public Works Director
and County Attorney to take legal action, employ real estate
appraisers and do all such further acts as may be reasonably
required to carry out such condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The foregoing recitals are adopted and ratified in
their entirety.
2. The acquisition of fee simple ownership of the
herein described parcels for the development of the southerly
extension of Indian River Boulevard as described herein is hereby
declared to be in the interest of the citizens of Indian River
County and an absolute public necessity.
3. The County Attorney is hereby authorized and
directed to acquire for the County the parcels herein described,
or as much of the parcels as may be determined necessary for the
construction of the Indian River Boulevard southerly extension; to
prepare all papers, pleadings and other instruments required for
said purposes in the name of Indian River County; and to prosecute
any required eminent domain proceedings fo final judgment.
4. The County Attorney and County Public Works Director
are hereby further authorized and directed to take such other
action as may be reasonably required to fully accomplish the
purposes stated herein.
The foregoing resolution was offered by Commissioner
Wodtke who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Absent
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon de.cla.re Resolut ion No: -AS-71
hereby passed and adopted this 26th day of .Tune ,
1985.
Attest: ��cc ;.;�_ �i k 0
FREDA WRIGHT,� Jerk
APPROVED A$1TO FORM
AN EGAL /UFF11CIENCY
i
LINTY ATTORNEY
JU2 9 1985
I
BOARD
OF IN
-2-
COUNTY COMMISSIONERS
RIVER COUNTY, FLORIDA
. *uw, cnairman
BOOK b1 PA AN
JUN 2 6 1995
EXHIBIT "A" IS ON FILE IN THE OFFICE OF THE CLERK
BOOK 61 F'.u.407
There being no further business, on Motion duly made and
seconded, the meeting adjourned at 11:15 o'clock A.M.
ATTEST:
�A -
Clerk
45
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