HomeMy WebLinkAbout7/17/1985Wednesday, July 17, 1985
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday,
July 17, 1985, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Vice President; Richard N. Bird; Margaret C.
Bowman; and William C. Wodtke, Jr. Chairman Patrick B. Lyons was
absent recuperating from surgery. 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.
Vice Chairman Scurlock called the meeting to order.
Dr. John Few of Christ Methodist by the Sea gave the
invocation, and Attorney Brandenburg led the Pledge of Allegiance
to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested the following items be added
to today's Agenda:
1) Authorization of Chairman's signature on the contract with
Coastline Utilities, Inc. for the construction of the
S.R. 60 wastewater force main.
2) Construction bid for the West Regional Wastewater Treatment
Plant.
Administrator Wright also requested the deletion of Item 10 -
Discussion re Wal-Mart Site Plan - from today's Agenda.
�aoK
JUL 17 1985 -L t:r: 49?
JUL 17 1995 BOOK 61 UGE493 `
Vice Chairman Scurlock requested the addition to today's
Agenda of a discussion on some rescheduling of budget hearings,
plus an addition to today's Consent Agenda as Item F of an
Approval of Petition for Admission to A. G. Holly State Hospital.
Commissioner Bird requested the addition to today's Agenda
of a discussion re an invitation to visit a solid waste recovery
facility in London, England.
Commissioner Bowman requested the addition to today's Agenda
of a meeting of the North County Fire District to accept a state
grant.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
added and deleted the above described items in today's
Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of June 19, 1985.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of 6/19/85,
as written.
CONSENT AGENDA
Commissioner Wodtke requested that Item C be removed from
the Consent Agenda for discussion.
2
r � �
A. Acceptance of Interlocal Agreement with Town of Orchid re 21
Optional.Gas Tax
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
accepted the Interlocal Agreement with the Town
of Orchid re 2� optional gas tax as previously
authorized at the meeting of 6/19/85.
3
L_ JUL 17 198
L-17 1985
-1
INTERLOCAL AGREEMENT
BOCK 61 PACE 495
This Interlocal Agreement, entered into this 24th day of
June , 1985, between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, by and through its Board of
County Commissioners, hereinafter referred to as "COUNTY," and the
City of Orchid hereinafter referred to as "CITY," for the purpose
of providing for the division and distribution of the proceeds of
the local option gas tax imposed by the COUNTY pursuant to Florida
Statutes §336.025.
W I T N E S S E T H:
WHEREAS, Florida Statutes 5336.025 grants the COUNTY the
authority to levy, in addition to other taxes allowed by law, a
local option gas tax upon every gallon of motor fuel and special
fuel sold in the COUNTY and taxed under the provisions of Chapter
206, Florida Statutes; and
WHEREAS, pursuant to said enactment, the COUNTY, in
anticipation of the levy of the local option gas tax, may estab-
lish by interlocal agreement with one or more of the munici-
palities located within Indian River County representing a
majority of the incorporated area population within the COUNTY, a
distribution formula for dividing the proceeds of the local option
gas tax among the COUNTY government and all eligible munici-
palities within Indian River County; and
WHEREAS, the CITY is a municipality located within
Indian River County, Florida, and the CITY represents that the
CITY is eligible to receive a portion of the local option gas tax
as imposed by the Indian River County Local Option Gas Tax
Ordinance, and desires to jointly establish with the COUNTY a
distribution formula pursuant to Florida Statutes
5336.025(3)(a)(1).
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants and premises hereinafter set forth
and pursuant to the statutory authority set forth herein, the
COUNTY and the CITY agree as follows:
1. Upon its levy by the COUNTY, the proceeds of the
local option gas tax shall ,be divided among, and distributed to
the COUNTY and the eligible municipalities within the COUNTY as
follows:
RECIPIENT
Indian River County
City of Vero Beach
City of Sebastian
City of Fellsmere
SHARE OF PROCEEDS
67.5567%
19.4200%
9.9033%
1.9567%
Town of Indian River Shores 1.1433%
City of Orchid .02%
2. The division and distribution of tax proceeds as
stated in Paragraph 1 above shall be amended yearly 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.
-1-
d
3. This agreement shall take effect on September 1,
1985, and shall terminate on either August 31, 1990, or, if the
local option gas tax is levied for less than five years, on August
31 of the year in which the levy terminates. This agreement shall
also govern the division and distribution of proceeds of the local
option gas tax imposed through August 31st but not collected or
otherwise available for distribution until after August 31st of
the year the agreement terminates.
4. If, during the term of this agreement, any party
hereto becomes ineligible to receive a share of the local option
gas tax for any reason, any funds otherwise undistributed because
of ineligibility shall be distributed to eligible governments
within COUNTY in proportion to other monies distributed pursuant
to Paragraph 1 herein and the share shall be calculated pursuant
to the formula contained within Paragraph 2 herein.
5. By execution of this agreement, neither the COUNTY
nor the CITY will be deemed to have waived any rights or remedies
they may have available under the laws of the State of Florida.
6. This agreement shall be executed in duplicate and
each fully executed contract shall be deemed an original instru-
ment.
7. Upon adoption of an ordinance levying the local
option gas tax by the COUNTY, the COUNTY shall provide the State
of Florida Department of Revenue the distribution proportions
established by this agreement prior to September 1, 1985.
8. A copy of this agreement and all subsequent amend-
ments hereto shall be recorded in the Public Records of Indian
River County, Florida, upon its execution by all parties hereto.
9. This agreement may be amended only in writing
approved by all parties executing this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
interlocal agreement to be executed by their duly authorized
officials on the day and year first above written.
Approv to form INDIAN RIVER COUNTY, FLORIDA
and gal uff'ciency: By its BOARD OF COUNTY COMMISSIONERS
C 4dZ1
ar ,i ;,Brandenburg, on cur ock, Jr.,
tyi;,#}ytt'one Vice Chairman
Attest:"' Accepted. 7-17-85
Clerk: of Circuit ourt e
CITY OF ORCHID
By
MAYOR
Attest:
City Clerk , Pro Tem
-2-
BOOK 49
ro"-- I
JUL 17 1995 BOOK 61 PAGE 49
B. Resolution relating to Community Services Trust Fund Grant
Applications
The Board reviewed the following memo dated 7/11/85:
TO: Board of County
Commissioners DATE: July 11, 1985 FILE:
SUBJECT:
91
FROM: Li o rani REFERENCES:
AALiqft-ftrative Aide
The Legislature appropriated funds to the Community Services
Trust Fund for the fiscal year October 1, 1985/September 30, 1986
and Indian River County's share is $6,648.
The Indian River County Council on Aging, Inc. and the
Association for Retarded Citizens of Indian River County have
filed a joint application for these funds.
Please authorize the Vice Chairman to sign the grant application
and adopt the corresponding Resolution. If the Board would like
to review the application, it is on file in the Commission
office.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Resolution 85-76, authorizing and directing
the Chairman of the Board of County Commissioners to
sign an agreement with the State of Florida Dept. of
Community Affairs under the Florida Financial
Assistance for Community Services Act.
APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK
6
RESOLUTION NO. 85 - 76
A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER
COUNTY, FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE
FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES
ACT.
IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER,
FLORIDA, AS FOLLOWS:
Section I That the Chairman is hereby authorized and
directed to sign in the name and on behalf of the Board of County
Commissioners an Agreement between the Florida Department of
Community Affairs and Indian River County, under the Florida
Financial Assistance for Community Services Act, as per copy
attached hereto and made part hereof.
Section II That all funds necessary to meet the
contract obligations of the County and its delegate agencies (if
applicable) with the Department have been appropriated, and said
funds are unexpended and unencumbered and are available for
payment as prescribed in the contract. The County shall be
responsible for the funds for the local share notwithstanding the
fact that all or part of the local share is to be met or
contributed by other sources, i.e., contributions, other agencies
or organization funds.
PASSED AND ADOPTED THE 17th DAY OF JULY 1985.
ATTEST;*
,Fre a, G
Approve
sufficil
7
•
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY / ), - C Z,,, g�
- Don C. Scur. ock, Jr.
Vice Chairman
lb.Q.
BOOK
I
Fr--JUL 17 1985
BOOK 61 PACE 499
C. Engineering Services for Wastewater Treatment Plants
The Board reviewed the following memo dated 7/5/85:
TO: THE HONORABLE BOARD OF DATE: JULY 5, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTW SUBJECT: ENGINEERING SERVICES
WASTEWATER TREATMENT
PLANTS
FROM: RONALD R. BROOKS
BACKGROUND
The Department of Environmental Regulation (DER) operation
permits for the Gifford Wastewater Treatment Plant and the Vista
Royale Wastewater Treatment Plant must be renewed. In addition,
Florida Administrative Code requires that a groundwater
monitoring plan be developed for the Vista Royale and Vista
Royale Gardens plants and submitted to the DER for approval.
ANALYSIS
The renewal of the operation permits and the development of the
groundwater monitoring plans requires the services of a
professional engineer. Camp Dresser & McKee Inc. is presently
providing Indian River County with continuing services in our
wastewater operations and has submitted the attached scope of
services and cost estimate for preparation of the required
applications to the Department of Environmental Regulation.
RECOMMENDATION
Staff recommends that the Board approve the scope of services and
authorize staff to have Camp Dresser & McKee Inc. proceed with
the preparation a4d submittal of the applications for permit.
Commissioner Wodtke questioned the hourly charges set out by
Camp Dresser & McKee in their Scope of Services, specifically,
$28 an hour for a secretary.
Administrator Wright explained that Camp Dresser & McKee
determines their fee by hourly rates and noted that this is
actually a work authorization under our continuing services
contract with this firm.
Utilities Director Terry Pinto felt the costs for permitting
the Gifford and Vista Royale wastewater treatment plants with the
DER might be just the tip of the iceberg as there has to be some
modeling performed now for a ground water management program
8
which has to be incorporated into the permit. He recalled that
the last time the Vista plant was permitted, the DER allowed us
to use the short -form application, but they now are requiring the
long form due to discharge from the Vista plant going into a
nearby mosquito impoundment. In addition, during recent
permitting procedures on another treatment plant, it was found
that a great deal of staff's time was spent running back and
forth to the DER, and, therefore, the engineer for general
services was selected based on their specific expertise in
effluent disposal, plus their ability to move these things
through the DER.
Director Pinto believed that while Camp Dresser 8 McKee were
a little high in their hourly rates, their price was competitive,
and he felt they would do the work in fewer hours than some other
f 1 rm .
Vice Chairman Scurlock agreed that is what we are paying for
-- a consultant with a large staff and a great deal of expertise.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved the Scope of Services and authorized staff
to have Camp Dresser 8 McKee Inc. proceed with the
preparation and submittal of the DER permit
applications for the Gifford and Vista Royale
wastewater treatment plants, with the funding to come
from the enterprise account.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
D. DER/Army Corps/DNR_ Permit_�plications_- Riomar_Country Club
The Board reviewed the following memo dated 7/9/85:
9
L_ JUL 17 1985
Boon 61 me 500
JUL 17 1985
BOOK 61 PAGE 501
TO: The Honorable Members DATE: July 9, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS
_ SUBJECT: & D.N.R. PERMIT
APPLICATIONS
Robert M Keat ng, AICP
Planning & Development Director
FROM: Art Challacombe REFERENCES: Riomar
Chief, Environmental Planning 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 July 17, 1985.
D.E.R. DREDGE & FILL PERMIT APPLICATION FILE NO. 31-101120-4
APPLICANT: Riomar Country Club
WATERWAY & LOCATION: Unnamed, Section 5, Township 33S, Range
40E, Club Drive, City of Vero Beach.
WORK & PURPOSE:
The applicant proposes to enlarge an existing golf course lake
to provide fill and drainage for golf course fairways.
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 existing lake currently overflows into the Indian River via
a culvert and drainage ditch. The proposed project will expand
the water retention capacity of the lake,and the proposed fill
to be placed in the drainage ditch will prevent further outflow
into the river. This should provide improved water quality for
the river in this area.
This project is located within the City of Vero Beach and is
not of countywide significance.
RECOMMENDATION:
It is recommended
authorize staff to
this_.p;oject.
that the Board of County Commissioners
forward a letter of no objection regarding
10
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized staff to forward a letter of no objection
re the above project.
E. DER/Army Corps/DNR Permit Applications
James B. Cain, Et Ux, Et Al
The Board reviewed the following memo dated 7/9/85:
TO: DATE:
The Honorable Members July 9, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Kea ing, AICP
Planning & Development Director
D.E.R., ARMY CORPS &
D.N.R. PERMIT
APPLICATIONS
FROM: REFERENCES:
Art Challacombe J. Cain
Chief, Environmental Planning 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 July 17, 1985.
D.E.R. PERMIT APPLICATION FILE NO. 31-106132-4
(RECREATIONAL BOARDWALK SYSTEM)
APPLICANT: James B. Cain<Ux Et Al
955 Dahlia Lane
Vero Beach, Florida 32963
WATERWAY & LOCATION: The project is located adjacent to the
Indian River on Jungle Trail in Section 25, Township 31 South,
Range 39 East, Indian River County, Florida.
The upland property associated with the project is located in
the Town of Indian River Shores.
WORK & PURPOSE:
The applicant proposes to construct a 6' x 1650' boardwalk
system to provide access to a coastal hammock area and mangrove
areas for passive recreational activities for owners of the
proposed In Trails single-family residential development.
DESCRIPTION & CONDITIONS:
The mangrove area in which the proposed boardwalk system is to
be placed supports black mangrove (Avicennia germinans), white
mangrove (Laguncularia racemosa), and red mangrove (Rhizophora
mangle), with red mangrove the more predominant species of
mangrove. This system is a remnant of a floodplain forest
bordering a tidal river. The construction of Jungle Trail,
dredge and fill activities by adjacent property owners, and
mosquito control activities have decreased the size of the
community as well as its functional value.
11
'JUL 17 1985 BOOK 1 Fri 502
JUL 17 1995
ALTERNATIVES & ANALYSIS:
BOOK 61 PAGE M
The proposed construction is not anticipated to adversely
affect existing environmental resources. The applicant
proposes to set support posts on 24 in. x 24 in. x 8 in.
concrete pads versus "jetting" or "driving" support posts into m_
the substrate. This will aid in reducing turbidity as a result
of construction and potential release of any substances which
may be resuspended into the water column as a result of
substrate disturbance. In addition, turbidity screens will be
placed upgradient from both culverts in the mangrove area prior
to and during construction to maintain turbidity control.
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward a letter of no objection regarding
this project.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized staff to forward a letter of no objection
re the above project.
F. Admission to A. G. Holley State Hospital
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
granted retro -active approval of Petition for Admission
to A. G. Holley State Hospital for Glen L. McCree and
authorized the signature of the Vice Chairman.
MASTER PLAN FOR COUNTY COMMUNICATIONS
Sonny Dean, Director of General Services, reviewed the
following memo dated 7/9/85:
12
TO: The Honorable Members of DATE: July 9, 1985 FILE:
the Board of County
Commissioners
Thru: Michael Wright SUBJECT: Master Plan for County
County Administrator Radio System
H. T. "Sonny"
FROM:Director
General Services D visiREFERENCES:
BACKGROUND
The County is presently utilizing eleven various frequencies to
operate a two-way radio system. These include:
Building & Grounds - High VHF
Building Department - High VHF
Emergency Management/Animal Control - High VHF
(155.055/193,920/158.880)
Department of Detention - High VHF
Road & Bridge - Low VHF
Parks - Low VHF
Fleet Management - Low VHF
Public Works - Low VHF
Utilities - Low VHF
(45.20/45.64)
South County Fire District - High VHF
North County Fire District - High VHF
In addition to these agencies, the Property Appraiser and Tax
Collector lease frequencies for coordinating their field
responsibilities, and the Sheriff and School Board operate on their
individually owned frequencies.
Much of the equipment in use throughout the County is antiquated and
repair on some is impossible. The Departments operating on Low Band
Repeater Frequency (45.20 mHz/45.64 mHz) are utilizing 37 RCA Brand
radios or approximately 1/3 of all county mobile radios. This
company no longer makes two-way radios and replacement parts are
extremely difficult to find. These units, when broken, are very
difficult to get repaired.
The low band frequencies were the "pioneer" for two-way radio bands
and were adequate in their time, however, the state-of-the-art has
progressed such that the low band frequency is being phased out
throughout the nation.
The growth of Indian River County is a factor that is also part of
the problem. As the County grows, the local government agencies
grow, which in turn employs more people, which adds more radios. The
low band is presently overloaded to the point that getting air time
is impossible. Our Utility Department has grown so that their need
is enough to justify moving to a new frequency away from the present
low -band. The problem being there are no frequencies available in
their present band of operations.
JUL 17 1985
13
Boor. 61 NW 50
J U L 17 1985
I
Bou 61 PnE 505
To replace a mobile unit in the low band frequency, the base State
Contract price is now $1,055 each. This cost is almost guaranteed to
increase as need for these radios is low and major manufacturers do
not maintain an inventory of them. After placing an order for a new
unit, delivery averages two to three months.
The low band frequency is not compatible to any other system in
County use. That is to say, should an agency on low -band be required
to be in contact with an agency on high -band, they have two radios
installed in the vehicles.
The agencies utilizing high VHF Band systems are presently in "good
shape." The radios owned are generally in good operating condition
and manufactured by reputable companies (i.e. GE and Motorola).
However, the problem arises in that there are so many users state-
wide that being allotted a frequency with enough power output to
provide County coverage causes "bleed -over" to surrounding Counties
or them to us. When this occurs, transmissions are.shared which
causes vital information being relayed to emergency services to
become obliterated. In'the event of a major emergency or disaster,
the coordination of government forces would be impossible, as there
is no way for intercommunication.
PRnPnRAT.
Establish a five year plan to upgrade all communications in Indian
River County, to a trunking communications system which provides each
agency autonomy on a daily basis, but also is designed so that, if
needed, that agency can activate a common net to communicate with
another agency. In the event of an incident, all agencies would be
able to talk on one frequency when required, yet operate on a
frequency for inter -agency needs. All this on one radio.
The trunking (800 mHz - 900 mHz) system is state-of-the-art, and
would address and negate all the problem areas previously mentioned.
To activate this system 100% would not be feasible, as the cost would
be prohibitive. However, a method exists to enter into this in such
a way that County -wide use could occur over a five year period.
The "trunking" communications system is available through GSA
contracts, where the best pricing is available; the system is of such
design that it will allow for expansion with the growth of the County
and meet present needs, and needs of the future; also the possibility
of matching funds exists for political subdivisions that enter into
the system 100%.
Cost to enter this system is presently, for Indian River County, in
the area of $750,000 for complete system start-up. However, to
initiate the system for Indian River systematic activation by smaller
Departments and building over five years to full county coverage is
within existing funding mechanisms.
14
FISCAL YEAR
85-86
Utilities
10
Radios at $923 each
$ 9,230
*2
radios at $1212 each
2,424
Monthly
lease charge:
($9/radio/month)
$9
X 15 X-12 months =
1,620
3
Control Stations
@
$1538 each
4,614
*30 watt M6A43 Corona is
capable of connect
to an alert system
that,
if away from the
TOTAL $17,888
vehicle, will notify the
operator that he
is being called.
FISCAL YEAR
86-87
Parks & Refuse 3 radios at $923 each $ 8,307
(first of FY 86-87) 4 radios at $1212 each 4,848
1 Control Stations at $1538 1,538
Monthly lease charge:
($9 X radio X month)
$9 X 14 X 12 months = 1,512
TOTAL $14,667
Fleet Management 6 radios at $923 each $ 5,538
(first of FY 86-87) 1 Control Station 1,538
Monthly lease charge:
($9 X radio X Month)
$9 X 7 X 2 Months 126
2 Local Control at $176 each 352
TOTAL $7,554
FISCAL YEAR 87-88
Public Works 32 radios At $923 each $29,536
(Traf. Eng/Co.Eng/R&B)
2 Control Stations @ $1538 ea 3,076
Monthly lease charge:
($9 X radio X month)
$9 X 34 X 12 Months 3,672
TOTAL $36,284
FISCAL YEAR 88-89
Purchase of Trunking System (estimated) $44,000
Emergency Management/Building/Animal Control
25 Radios At $923 each $23,075
2 Control Stations at $1,538 ea 3,076
TOTAL $26,151
$70,151
15
' 'UL 17 1985 eoo . FArrE
Fr-
JUL 17 1985
FISCAL YEAR 89-90
Sheriff/Fire Departments
BOOK 61 F ,uF 507
140 Radios At $923 each $129,220
22 Radios At $1212 each 26,664
6 Handhelds at $3,000 each .18,000
4 Control Stations at $1,538 each 7,690
TOTAL $181,574
During the 5 -year phase-in of the system those existing low band
radios would be transferred to other departments until such time as
they were phased -in. As many radios are in poor condition, these
phased out radios may be cannabalized. This plan would allow all
existing radios to be used throughout their life expectancy. Low
Band VHF radios presently cost $1,000+ on State Contract or equal to
one trunking system unit.
The Repeater -System to operate this unit can be leased at a nominal
monthly rate which would not require a large investment of '
approximately $50,000. A private contractor has requested leasing
space on our new tower at Hobart Park. It is anticipated that
revenues would be approximately $4,000 per year. This would more
than pay for leasing of the Repeater System and require no
maintenance cost on our part. Other parties have indicated an
interest in leasing space which would go for tower maintenance.
Funding for the departmental radios would be accomplished the same
way we anticipated replacing the present system. Each department
would budget a certain amount of dollars each year for replacement
and repair. All radio communication equipment would be under one
department and purchase could be worked out on a piece -meal basis.
Director Dean explained that since the Sheriff already has a
continuing updating system, his department could actually come on
board before the five years if he had the funds. He noted that
during the discussion on the new building complex, the Sheriff
indicated that we need a system like this.
Administrator Wright explained that we are starting with
Utilities because it is an enterprise department and it needs the
radio equipment now. Staff feels it would be wise to get radio
equipment that would fit into the trunking system in the future.
Commissioner Wodtke noted that a final decision would have
to be made at the end of the 87-88 fiscal year whether to go to
the trunking system or stay with the leasing of equipment.
Director Dean explained that staff's proposal is to buy the
repeater system and the transmitting equipment that goes at the
16
_ M M
tower site itself and lease the repeater equipment that is
necessary to make the trunking system function. He advised that
the straight lease agreement is based on the number of units that
we have on the air. At present we cannot qualify with the FCC to
go into a full trunking system because there must be a certain
number of units'per trunk. However, with this leasing system we
can have that luxury and, at the end of the 88-89 fiscal year,
could have enough units on the air to qualify for the trunking
system and justify the purchase of the trunking equipment.
MOTION WAS MADE by Commissioner Bowman, SECONDED
by Commissioner Bird that the Board approve the
master plan for a County -wide radio system.
Under discussion, Commissioner Bird asked what the Motion
would commit us to beyond this year, and Administrator Wright
explained that the Motion would authorize the master plan and
approve the spending of $17,888 out of Utilities for fiscal year
85-86, with subsequent phase -ins to be brought back to the Board
at annual budget hearings.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0)..
PUBLIC HEARING - COASTAL TECHNOLOGY CORP. REQUEST TO REZONE
BLOCK 7-A, GROVENOR ESTATES, UNIT 2, FROM COMMERCIAL DISTRICT TO
SINGLE-FAMILY RESIDENTIAL DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication,
to -wit:
17
BOOK
JUL 171985
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a�
in the matter of
in the
Court, was pub-
lished in said newspaper in the issues of lg� n 41 �! I %�
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before mD this��aVlbf '4Z J_
(SEAL)
!J t/ j� � (Bysi es's M
(Clerk of the Circuit Court, ndian River C unty,
BOOK 1 r, U509
509
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of.
IS County ordinance rezoning land from: C-1,
Commercial District to RS -3, Single -Family Reat-
ldential District. The subject property Is, presently
iowned by Harry A. Safran and Is located south of
Oslo Road (9th Street S.W./C.R. 606), west of,
31st Avenue S.W. and east of 33rd Avenue S.W.
The subject property Is described as:
Block 7-A, Grovenor Estates, Unit 2; ac-
cording to the plat thereof, recorded in i
the office of the Clerk of the Circuit Court
of Indian River County, . Florida, - In ft:1
Plat Book 5, Page 18, said land lying and i
being in Indian River County, Florida(,
A Publichearing"at which parties in 'interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com,
missioners of Indian River County, Florida, in the
County Commission Chambers of the County.
Administration Building; located 'at 1840 25th
Street VQro Beach; Florida on Wednesday. July-
,
uly1at g:1$ a.m.. '
peal any decision
madearon�theoabovetmattter,ahee will need a
record of the proceedings, and for such pur-
hrneed to isure etim record of the Poceedingsma whit
cludes testimony and evidence upon which the
appeal is based....
Indian River County
Board of County Commisstonsis
By: -a- Patrick B. Lyons,
Chairman
Juste 26. July % t91J5..d:
Richard Shearer, Chief of Long -Range Planning, reviewed the
following memo dated 7/14/85:
TO: DATE: FILE:
The Honorable Members June 14, 1985
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: COASTAL TECHNOLOGY
SUBJECT: CORPORATION REQUEST TO
REZONE 7.9 ACRES FROM
Robert M. Keati g, fqCP C-1, COMMERCIAL DISTRICT
Planning & DevelopmLent Director TO RS -3, SINGLE-FAMILY
RESIDENTIAL DISTRICT
FROM: 1;6 REFERENCES:
Richard Shearer, AICP ZC-138 BCC Memo
rh;Aff Tong -Range Planning RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 17, 1985.
18
DESCRIPTION & CONDITIONS
Coastal Technology Corporation, an agent for Harry Safran, the
owner, is requesting to rezone 7.9 acres located south of Oslo
Road and west of 31st Avenue from C-1, Commercial District, to
RS -3 Single -Family Residential District (up to 3 units/acre).
The applicant is proposing to develop this property for single-
family residences.
On June 13, 1985, the Planning and Zoning Commission voted 5 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The -analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property, across Oslo Road, is land being developed for a mobile
home park zoned RMH-6, Mobile Home Residential District (up to 6
units/acre), undeveloped land zoned C-1, and Tippin Nursery zoned
C-1. East of the subject property is undeveloped land zoned C-1.
South of the subject property is a County Park zoned RS -3. West
of the subject property are single-family residences and vacant
lots zoned RS -3.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land west, south, and east of it as LD -1, Low -Density Residential
1 (up to 3 units/acre). The land north of the subject property
is designated as part of the west part of the Oslo Road MXD,
Mixed -Use District (up to 3 units/acre).
The present C-1 zoning of the subject property is not in confor-
mance with the LD -1 land use designation. The proposed RS -3
zoning is in conformance with the Comprehensive Plan and is
consistent with the RS -3 zoning to the west and south of the
subject property.
Transportation System
The subject property has direct access to 31st Avenue, 33rd
Avenue, and 10th Street SW (classified as local streets on the
Thoroughfare Plan). In addition, the subject property abuts Oslo
Road (classified as an arterial street on the Thoroughfare .Plan).
The maximum development of the subject property under RS -3 zoning
could generate up to 230 average annual daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
TTt; I ; t; PC
A County water main runs along the north side of Oslo Road.
County wastewater facilities are not available.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
19
' J ULl JL 1�UL
L 71985 Boa 6.1
JUL 17 1985
BOOK 61 FADE 511
Mr. Shearer explained that this is the only piece of
property in Grovenor Estates Subdivision still zoned commercial;
the rest of the subdivision is zoned RS -3. On the original
subdivision plat, this was listed as "reserve commercial", which
really doesn't mean anything except that it was the original
intent of the property owner. Subsequent to that plat being
filed and the subdivision being developed, the County adopted the
Comprehensive Land Use Plan which designated this property as
LD -1. The applicants are asking to rezone this property to RS -3,
which is consistent with the Comp Plan and with the zoning to the
west and to the south.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-59, rezoning Block 7-A,
Grovenor Estates, Unit 2, from C-1, Commercial
District to RS -3, Single -Family Residential District,
as requested by Coastal Technology Corporation.
20
ORDINANCE NO. 85 - S9
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning
Ordinance of Indian River County, Florida, and the accompanying
Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
Block 7-A, Grovenor Estates, Unit 2, according to the plat
thereof, recorded in the office of the Clerk of the Circuit
Court of Indian River County, Florida, 'in the Plat Book 5,
Page 18, said land lying and being in Indian River County,
Florida. -
Be changed from C-1, Commercial District to RS -3., Single -
Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, F17orida on this 17th day of July
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: C
DON C. SCU 0 K, JR.
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
this25th day of July , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 29th day of July , 1985, at ll:00A.M./P.M. and
filed in the office of the Clerk of the Board of County Commis-
sioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFFJIMNCY.
GARY,/Ni:� BiANDENBURG, Couty Attorney
ZC-138 Ordinance
RICH2
BOOK 6 1 F'',GE 512
JUL 17 1995 600K 1 Fn 513
PUBLIC HEARING - REAGAN_REQUEST TO REZONE 1.54 ACRES FROM SINGLE-
FAMILY RESIDENTIAL DISTRICT TO MULTIPLE -FAMILY RESIDENTIAL
DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
- Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 42�6 _ !,Z
in the matter of 4"-�`7���"�
in the
lished in said newspaper in the issues of VC/!/I/or
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befor me t ay of A.D. 19 ��
s ger
i. (Clerk of the Circuit Court, Indian River County, lorida)
(SEAL)(
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
i County ordinance rezoning land from: RS -8,
Single -Family Residential District to RM -10, Mul-
iple-Family Residential District The subject
)roperty is presently owned by Rosa Reagan,
Tillman and Ernestine Thompkin, and Willie
'Ieveland and Don Dolores Reagan and Is Io -
sated on the south side of 49th Street (Lindsey
load), approximately 2500 feet east of 43rd Ave-
iue.;r
The subject property is described as:�
Begin at the Northeast comer of the East
10 acres of the Northeast quarter (NE'/.)
of the Southwest quarter (SW%), in Sec-
tion 22, Township 32- South. Range 39._-
East;
9.,.East; thence run South 450 feet.thence
run west 130 feet thence run north 450
feet parallel to the center . section .Ane;" `
thence run east 130 feel to the Point of,,
Beginni' ' �i
All aboveng. described `property, noy
I
w
and being In Indian River County, F or
i4 public hearing at which "parties in Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, in the
County- Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida on Wednesday. July
17, 1985, at 9:15 a.rn.
If -any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which In.
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: -s- Patrick B. Lyons
Chairman
June 28, July 9,1985, .
Richard Shearer, Chief of Long -Range Planning, reviewed the
following memo dated 6/14/85:
22
TO: The Honorable Members DATE: June 14, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: REAGAN REQUEST TO REZONE
SUBJECT: SINGLECRES FAMILYORESIDENTIAL
Robert M. Kea ing ICP DISTRICT, TO RM -10
Planning & De elopment Director MULTIPLE -FAMILY
RESIDENTIAL DISTRICT
FROMiar a shearer, AICP REFERENCES: zC-139 BCC Memo
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 17, 1985.
DESCRIPTION & CONDITIONS
Willie C. Reagan, a part owner and agent for the other owners, is
requesting to rezone 1.54 acres located south of 49th Street
(Lindsey Road) and 120 feet .west of 35th Avenue from RS -6,
Single -Family Residential District (up to 6 units/acre), to
RM -10, Multiple -Family Residential District (up to 10
units/acre).
The applicant intends to develop the subject property for tri-
plexes or other residential uses.
On June 13, 1985, the Planning and Zoning Commission voted 5 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The -analysis will include a descrip-
tion of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North .of the subject
property is undeveloped property zoned A, Agricultural District,
and a mobile home park zoned RMH-8, Mobile Home. Residential
District (up to 8 units/acre). East of the subject property are
single-family, multiple -family, and duplex dwellings zoned RM -10.
South of the subject is a duplex zoned RS -6. West of the subject
property is undeveloped land zoned RS -6.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land east, south, and west of it as part of the Gifford MXD,
Mixed -Use District (up to 14 units/acre). The land north of the
subject property, across 49th Street, is designated as LD -2,
Low -Density Residential 2 (up to 6 units/acre).
The proposed RM -10 zoning of the subject
mance with the Comprehensive Plan and
RM -10 zoning east of the subject property,
property is in confor-
is consistent with the
Q 23
JUL 17 1985 8��1� J �i rU 514
,
JUL 17 1985
Transportation System
BOOK 61 PAGE 51
The subject property has -access to 49th Street (classified as a
secondary collector on the Thoroughfare Plan). The maximum
development of the subject property under RM -10 zoning could
generate up to 105 average annual daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
Utilities
A County water main runs along the south side of 49th Street
almost to the east property- line of the subject property. A
County force main sewer line is located 150 feet east of the
subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Vice.Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
Commissioner Bowman asked what will happen when the land to
the west of this tract is developed as she understood they do not
have a right of way.
Mr. Shearer explained that they have a 300 ft. easement on
the west end of this property which they would set aside and they
feel that the owner of the property immediately to the west would
do likewise.
24
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-60, rezoning 1.54 acres from RS -6,
Single Family Residential District, to RM -10 Multiple -
Family Residential District, as requested by Willie C.
Reagan.
25
JUL 17 1985 Boost
�J U L 17 1985
BOOK 61 un517
ORDINANCE NO. 85 - 60
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning
Ordinance of Indian River County, Florida, and the accompanying
Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
Begin at the Northeast corner of the East 10 acres of
the Northeast quarter (NEJ) of the Southwest quarter
(SWj), in Section 22, Township 32 South, Range 39 East;
thence run South 450 feet; thence run west 130 feet;
thence run north 450 feet parallel to the center section
line; thence run east 130 feet to the Point of Begin-
ning.
All above described property now lying and being in Indian
River County, Florida.
Be changed from RS -6, Single -Family Residential District to
RM -10, Multiple -Family Residential District.
All with the meaning and intent and as set forth and de-
scribed in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 17th day of July 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:C.
DON C. SCURLO K, JR.
Vice Chairman
Acknowledgment by the Department of State'of the State of Florida
this 25th day of July , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 29th day of July , 1985, at 11:00A.M./P.M. and
filed in the office of the Clerk of the Board of County Commis-
sioners of Indian River County, Florida.
APPROVED AS TO FORM AND
GARY
--a
ZC-139 Ordinance
RICH2
PUBLIC HEARING - PATRICIAN ENTERPRISES, INC. REQUEST TO REZONE 10
ACRES FROM SINGLE-FAMILY RESIDENTIAL DISTRICT TO MULTIPLE FAMILY
RESIDENTIAL DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach. Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter ofl/
in the i Court, was pub-
lished in said newspaper in the issues otA
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the fitst publication of the attached copy of
advertisemeht;land affiant further says that he has neitner paid nor promised any person, firm
or corporation any discount, rebate, commission or retund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before his Oay f 1 A.D
(Clerk of the Circuit Curt, Indian River County, F
(SEAL i
NOTICE = PUBLIC HEARING ;r,: t
Notice of hearing'to,consider the adoption of
a County ordinance rezoning land from: RS -1,
single -Family Residential District to RM -10, Mul•
tiple-Family Residential, District. *The subject
proper is,presentiy owned by.Patriclan Enter•
prises, nc., and Is located 1,300 feet east of 6th
Avenue and 330 feet south of 10th Street, ex-
tended
The subject proper
yy is described as
,jhe South one•haif of the North one- l!
�;half(SYa of ,N�h)' of Government Lot 7, ,y i
Section 7., Township 33. South, Range 40
East said land tyingg and being in Indian
River Coun Florlda. TOGETHER WITH
e8semenIo ingress and egress and re-
Brest' on; over and across the West 35
-.feet of theSouth one-half (W 35 fast of S
T .yn) of; Government Lot 7,. and on, over
.,and across the West 35 feet of the North
"one-half of the North one-half (W 35 feet
of Ny: of N'h)) of. Government Lot 7: all in `
Section 7, Township 33 South, Range 40
East ' : t
A public Bearing at which parties in -interest
end citizens rshall have an opportunity to be
heard, -will. be. held by the Board of County Com-
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Admintstratlon Building_ located at 1840 25th
Street, Vero Beach, Florida on Wednesday, July
17;1985; et..e:15 a.m.: „
If any person decidea'to appeal any decision
made on the above matter.he/she will need a
record of the proceedings, and for such pur-
poses, helshe may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes'testimony' and evidence upon which the
appeal.ls
,;Indian River County
��Board of County-Commissloners
Byy., -a- Patrick B. Lyons,.:.
Chairman
June 26, July 0. -IM. "
The Board reviewed the following memo dated 7/14/85:
27
Bou f�1GE 518
LAL � 195
JUL 17 1985
BOOK 6 1 Pt , GE 519
William Caldwell, attorney representing the owner/applicant,
stated he would be glad to answer any questions.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
TO: DATE: FILE:
The Honorable Members
of the Board of County
Commissioners
June 14, 1985
DIVISION HEAD CONCURRENCE�UBJECT:
110
Robert M. Keati,4ig,,AZCP
Planning & Development Director
PATRICIAN ENTERPRISES,
INC., REQUEST TO REZONE
10 ACRES FROM RS -1,
SINGLE-FAMILY RESIDENTIAL
DISTRICT, TO RM -10,
MULTIPLE -FAMILY
RESIDENTIAL DISTRICT
FROM: 0 REFERENCES:
Richard Shearer, AICP ZC-135 BCC Memo
rhi eLf T nncr-Range pl anni ncr CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 17, 1985.
DESCRIPTION & CONDITIONS
Patrician Enterprises, Inc., the owner, is requesting to rezone 10
acres located 1/4 mile east of 6th Avenue and 330 feet south of
the proposed extension of 10th Street, from RS -1, Single -Family
Residential District (up to 1 unit/acre), to RM -10, Multiple -
Family Residential District (up to 10 units/acre).
On June 13, 1985, the Planning and Zoning Commission voted 5 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the applica-
tion will be presented. The analysis will include a description
of the current and future land uses of the site and surrounding
areas, potential impacts on the transportation and utility
systems, and any significant adverse impacts on environmental
quality.
Existing Land Use Pattern
The subject property and the land north, south and east of it is
undeveloped and zoned RS -1. West of the subject property is
Waverly Place, a condominium development zoned RM -10.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all of
the land around it as MD -2, Medium -Density Residential 2 (up to 10
units/acre). The proposed rezoning is in conformance with the
Comprehensive Plan and is consistent with the RM -10 zoning west of
the subject property.
28
Transportation System
The subject property is in the Indian River Boulevard Corridor,
but does not currently have direct access to a County road. The
maximum development of the subject property under RM -10 zoning
could generate up to 700 average annual daily trips.
Environment
The subject property is not designated as environmentally
sensitive. However, all of the subject property is in an A-10
flood hazard zone which includes areas within the 100 year flood
plain. The west half of the subject property has a flood
elevation of 6, while the east half of the property has a flood
elevation of 7.
Utilities
County water is available in this area. County wastewater facil-
ities are not available.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public hearing.
Commissioner Bowman questioned whether it is wise to put 10
units per acre into a single family area.
Mr. Shearer explained that staff believed this is just the
first of many rezonings in this corridor as owners of property to
the north and south have indicated similar plans.
ON MOTION by Commissioner Wodtke, SECONDED by
Bowman, the Board unanimously (4-0) adopted
Ordinance 85-61, rezoning 10 acres from RS -1, Single
Family Residential District, to RM -10, Multiple -Family
Residential District, as requested by Patrician
Enterprises, Inc.
29
BOOK t� u%
r-_
JUL 17 1985
BOOK 61 PAGE 521
ORDINANCE NO. 85 - 61
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning
Ordinance of Indian River County, Florida, and the accompanying
Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
The South one-half of the North one-half (S} of N}) of
Government Lot 7, Section 7, Township 33 South, Range 40
East; said land lying and being in Indian River County,
Florida. TOGETHER WITH easement of ingress and egress and
regress on, over and across the West 35 feet of the South - -
one-half (W 35 feet of S 1) of Government Lot 7, and on,
over and across the West 35 feet of the North one-half of
the North one-half (W 35 feet of NJ of N}) of Government Lot
7, all in Section 7, Township 33 South, Range 40 East.
Be changed from RS -1, Single -Family Residential District to
RM -10, Multiple -Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 17t]aay of July 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON . SCURL CK, JR.
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
this 25th day of July 1985.
Effective Date: Acknowledgment from the Department of State
received on this29th day of July , 1985, at 11:00A'.M./P.M. and
filed in the office of the Clerk of the Board of County Commiss-
ioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFF Y.
Uax M BEANDENBURG, County At1 ney
ZC- Ordinance ��
RICH2
MGD WEST REGIONAL WASTEWATER TREATMENT PLANT CONSTRUCTION BID
The Board reviewed the following memo dated 7/16/85:
TO: THE HONORABLE BOARD OF DATE: JULY lr, 19"x"
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTO ' SUBJECT: WEST REGIONAL WASTEWATER
TREATMENT PLANT
FROM: RONALD R. BROOKS CONSTRUCTION BID
DESCRIPTION AND CONDITIONS
Indian River County advertised for a re -bid on the construction of the
proposed 1.0 MGD West County Regional Wastewater Treatment Plant. Two
re -bids were received and subsequently opened at'2:00 p.m. on Friday, July
12, 1985. The re -bids were as follows:
1) Metro Equipment and Construction Assoc., Inc. $1,374,600.00
2) Falcon Mechanical, Inc. $1,437,447.00
The re -bids also included a bid for construction of an Effluent Wastewater -
Pumping System, however, the Utilities Department has elected to not have
the system constructed because it's additional cost far out weighed it's
benefit.
ANALYSIS
The re -bids have been reviewed by the County's engineer of record for the
project, Carter Associates/Williams, Hatfield & Stoner, and they have
recommended that the construction project be awarded to the lowest bidder,
Metro Equipment and Construction Association, Inc. (See Exhibit 1).
RECOMMENDATION
Staff recommends that the Board award the construction project to Metro
Equipment and Construction Association, Inc. and authorize the chairman of
the Board to sign all the contracts for construction of the County's 1.0
MGD West Regional Wastewater Treatment Plant.
Vice Chairman Scurlock recalled that this was the item that
was rebid due to some confusion caused by the lack of a pre-bid
meeting. The original bid was $1.6 million and the two new bids
came in significantly lower.
Utilities Services Director Terry Pinto advised that Metro
Equipment has done an extensive amount of work in Indian River
County. He noted that while he would very much Itke to have this
project done for less money, this is what it is going to cost.
He emphasized that there is nothing gold plated about this
31
AL 17 1985 BOOK 1
r
JUL 17 1995
BOOK �1 FAGE 5r,J
treatment process as they had taken out everything possible, even
the stainless steel.
Commissioner Bird noted that there is not that much
difference in the totals of the bids, but there are wide
variations in the item pricing.
Mr. Pinto explained that originally there was a question of
who was responsible for final site preparation, which is actually
covered under another contract. He assured Commissioner Bird
that he is confident that the low bidder can handle the work.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, that the Board approve staff's
recommendation and award the construction bid for the
MGD West Regional Wastewater Treatment Plant to the low
bidder, Metro Equipment and Construction Assoc., Inc.,
in the amount of $1,374,600; for completion within 180
days; and authorize the Chairman's signature.
Under discussion, Director Pinto explained that the
completion time is part of the contract and there is a penalty in
the specifications. He believed we may have to extend the period
of time for construction simply because both of the contractors
stated that if they were held to that time, they just would put
in the cost of the penalty. So we expanded the actual time
within the contract and gave them a penalty of $150 a day; and,
if they think that it is going to take three months over and
above the contract time, they put that into the bid.
Attorney Brandenburg asked Director Pinto whether, in that
case, a change order could be negotiated with them immediately,
but Director Pinto stated that was not the case here because we
had extended the time.
32
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously (4-0).
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK
S.R. 60 WASTEWATER PROJECT - FORCE MAIN CONTRACT TO COASTLINE
UTILITIES, INC.
Utilities Services Director Terry Pinto explained that these
bids were opened last Friday, July 12th, and when the Board
originally awarded the force main bid on May 15, 1985, it left
out the authorization to sign the contracts; now the contracts
are here to be signed.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the Chairman's signature on the already
approved SR -60 wastewater force main contract
to Coastline Utilities, Inc.
CONTRACT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN
FULLY EXECUTED AND RECEIVED
PUBLIC HEARING - AMENDMENTS TO THE SUBDIVISION ORDINANCE
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:
33
LAL 17 1985
Boor. 61 524
r
J U L 17 1985
BOOK 61 PAGE 525
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 4 vU4 Ifs c
in the matter of liz t.
in the
lished in said newspaper in the issues of W/�C" s' 2,1
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before ythis yAf A.D. 19
' (Clerk of the Circuit Court, Indian River County,
(SEAL) ,
NOTICE OF PUBLIC HEARING
TO CONSIDER THE ADOPTION OF A
COUNTY ORDINANCE AMENDING
: THE SUBDIVISION CODE
NOTICE IS HEREBY GIVEN that the Indian
River County Board of County Commissioners
shall hold a public hearing at which parties In in-
terest and citizens shall have an opportunity to
be heard on Wednesday, July 17, 1965, in the
Street, Vero Beach, Florida at 9:45 a.m, or as
soon thereafter as may be heard, to Consider the'
adoption of an ordinance entitled; ,
AN ORDINANCE OF THE BOARD OF , `?
COUNTY COMMISSIONERS OF INDIAN ;-
RIVER COUNTY, FLORIDA, AMENDING •-+
INDIAN RIVER COUNTY ORDINANCE
NO. 83-24, THE- SUBDIVISION CODE'';
AMENDING DEFINITION OF SUSDIVI-
SION; REVISING APPLICATION OF CER E
TAIN -SURVEY STANDARDS AND RE-
QUIREMENTS AS APPLIED TO PREF , "
LIMINARY AND FINALPLAT SUBMIT-', •s.
TALS; REVISING AREA AND DIMEN•' c
SION REQUIREMENTS FOR CERTAIN
LOTS; AMENDING REQUIREMENTS`
FOR VEHICULAR ACCESS; REVISING
REQUIREMENTS FOR RIGHT-OF-WAY '
AND PAVEMENT WIDTHS; REVISING ' I
REQUIREMENTS UPON CREATION OF }
A NEW STREET; REVISING REQUIRE-
MENTS FOR DOUBLE FRONTAGE;,
LOTS; PROVIDING INCLUSION IN
CODE;. SEVERABILITY, AND,EFFECTIVE r
DATE
s
It any person decidestoappeal agy decision';
made an the above matter, he/she will need a
record of the proceedings,'and for such pur-
poses, helshe may need to ensure that a verba-
tim record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based
Indian River County
Board of County Commissioners
B -s Patrick B. yyons r ,
Chairman
June 26, July 9, 1985 : rr
The Board reviewed the following memo dated 7/1/85:
TO: The Honorable Members DATE: July 1, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE
SUBJECT: AMENDMENTS TO THE
1' r SUBDIVISION ORDINANCE
Robert M.'K6aJtinVAICP
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: REFERENCES:
�3Stan Boling
Staff Planner
It is requested that the following information be given formal
consideration by the Board of County Commissioners
at their regular meeting on July 17, 1985.
34
M
DESCRIPTION AND CONDITIONS:
The County's subdivision ordinance (NO. 83-24) was adopted on
July 20, 1983. Since that time, staff has realized the need to
modify and add to some of the existing technical surveying and
platting requirements, so that these requirements may be
brought into full conformance with State standards. Also, some
ordinance modifications are needed to allow for more appro-
priate application of requirements to certain types of
development where land is subdivided. The 12 proposed
amendments represent an updating and "fine-tuning" of the
existing ordinance.
ALTERNATIVES AND ANALYSIS:
The proposed amendments have been formulated, reviewed, and
supported by the County Attorney's Office, Planning and
Development Division, and the Public Works Division. At their
June 13, 1985 meeting, the -Planning and Zoning Commission
recommended that the Board of County Commissioners adopt the
attached ordinance, amending the subdivision ordinance.
The following is a section by section analysis of each proposed
amendment.
1) SECTION 1. This amendment broadens the existing
definition to include improved lands, blocks, tiers,
sites, and units. This will more specifically apply the
ordinance to the subdivision of land in developments that
are not designed as single-family residential develop-
ments. This amendment also excludes the creation of a
private street from the definition of a subdivision. The
creation of private streets is covered in section 11.
2) SECTIONS 2-5. These amendments reflect the changes needed
to bring the County's platting and surveying standards
into complete conformance with State standards, as well as
technical standards observed by the Public Works Division.
3) SECTION 7 AND 8. These amendments reflect the changes
needed to allow the platting of land condominium and
townhouse type developments. The ordinance presently
applies lot dimension and direct vehicular access
requirements to all platted lots. These requirements
reasonably apply to single-family type subdivisions,
but not to townhouse and land condominium subdivisions.
Individual lots in these types of developments define
building units, and usually have indirect access tou
streets through common parking areas and driveways. It
has been the County's policy to allow these types of
developments to_be platted, by waiving lot dimension and
direct access requirements. These amendments would bring
the ordinance in line with present County policy.
4) SECTION 9. This amendment adds a sentence to the existing
right-of-way and street width requirements. It would
allow the lessening of right-of-way and street pavement
width for private one-way streets. Some designs in
commercial subdivisions utilize one-way streets, yet are
presently required to establish 50 foot rights-of-way for
such streets. Under the proposed amendments, private
one-way streets would have to be designed in accordance
with the manual of uniform standards and be approved by
both the Public Works and Community Development directors.
35
L 17 1985
BOOK 61 F,�GE 5?6
Fr,--
JUL 1-7195
BOOK 61 F'. E 59
5) SECTION 10. This amendment would require header curbs at
intersection radii and cul-de-sac entrances. Header curbs
would alleviate the County's maintenance problems with
deteriorating pavement caused by vehicles "cutting
corners." Other counties in the area have instituted
similar requirements.
6) SECTION 11. This amendment requires the platting of all
public and private streets, as does the present ordinance.
However, the amendment allows flexibility by stating that
the "applicable" provisions of the ordinance would apply
to such plats. There are situations where a public street
could be platted alone, without the subdivision of any
land. In such cases, some of the application submission
items pertaining to lots would no longer be applicable.
There.are also situations where a private street could be
platted alone, without the subdivision of any land. The
County would no longer require these kinds of private
streets to be constructed to County street standards.
Such streets would be treated as local roads, requiring
the platting of a 60 foot private road right-of-way. This
amendment would apply to street plats only, and would not
affect the present requirements for streets constructed
within subdivisions.
7) SECTION 12. Presently, double frontage lots may only be
created if an eartheW berm with a plant screening is
provided along the rear of each lot. There are many
situations where preserving and maintaining an existing
natural buffer would work effectively on double frontage
lots. This amendment would allow several buffering
alternatives specified in the existing ordinance, such as
masonry walls or any alternatives approved by the Planning
and Zoning Commission, as well as earthen berms with plant
screenings.
RECOMMENDATION:
Based on the above analyses, staff recommends that the Board of
County Commissioners adopt the attached ordinance that amends
the subdivision ordinance.
Planner Stan Boling explained that it has been almost two
years since the Subdivision Ordinance was adopted and staff feels
there is a need to fine-tune it a bit. He reviewed the proposed
amendments as set out in the above memo.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
Frank DeJoia, resident of Roseland, questioned the amendment
that deals with the possibility of dividing a parcel of land and
putting in a private street without bringing it up to County
standards. He understood that it will require a 60 -ft.
right-of-way to divide a parcel of land into a maximum of two
parts, and wondered if this would apply to several parcels in
36
- M M
Roseland between Roseland Road and the Sebastian River where
there are 5 or 6 acres of land, most of which is zoned RS -1 and
requires that lots be a minimum of 150 ft. width. Mr. DeJoia
believed that 60 feet of right-of-way would be prohibitive to
putting in a dirt road for people who want to divide their land
into two parcels of 2 or 3 acres each.
Planner & Development Director Robert Keating explained that
the County has determined that it needs 60 feet for drainage and
utilities in case the road is closed sometime in the future. He
noted that 60 feet is a minimum amount of right-of-way for a
local road according to the Comp Plan, and believed that a unique
case might be addressed by an individual variance rather than a
general change in the law.
Attorney Brandenburg advised that in the Tree Protection
Ordinance one of the criteria for obtaining a road right-of-way
variance is the placement of trees on the side. He felt it is
pretty obvious that the intention of the Commission was to allow
for variances from road right-of-way widths.
Mr. DeJoia understood that they would have to rely on the
variance procedure but Attorney Brandenburg stated that there
must be special circumstances different from the general nature
of the road to justify the variance.
Commissioner Wodtke asked if the fact that a road is never
going to be a through road would justify a variance, and Attorney
Brandenburg advised that they would have to explain why there are
special circumstances with respect to that particular property
that would warrant a variance; simply being a private road would
not be grounds for a variance.
Commissioner Bird felt the amendment is reasonable since
some improvements could be placed along the right-of-way.
Commissioner Bowman noted that when the County went into
Elaine Street to do some drainage work, they had to take out some
trees, which caused a big furor.
37
JUL 17 1985 BOOK PacE 5 & 11
FF'- 'I
JUL 17 1995 Booz
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the Public Hearing.
MOTION WAS MADE by Commissioner Wodtke, SECONDED by
Commissioner Bird, that the Board adopt Ordinance
85-62, amending Ordinance 83-24, the Subdivision Code.
Under discussion, Commissioner Wodtke did not understand why
60 feet of right-of-way would be needed in cases where an
individual would want to utilize a piece of land by putting in a
private road going down to the Sebastian River.
Attorney Brandenburg stated that one of the concerns is a
situation that might be created when an owner of property
fronting a road puts in a private street and later development
comes in such a way that it landlocks the property behind it.
When we go to plat these private streets, we are going to have
the language on the plat saying that in the event these private
streets are ever needed for public use, the County may accept
them and take them over, thus allowing a right-of-way to the
landlocked parcel. In any event, by having that language
included, it gives the Planning Department the ability to take a
look at it. He did not believe, of course, that a 30 -ft. private
road would be desirable to access a larger parcel in the back
which requires a 60 -ft. right-of-way. He noted that the
Commission has been made aware in the past of the difficulties in
flag lot situations.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
38
INDIAN RIVER COUNTY ORDINANCE NO. 85- 62
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING INDIAN RIVER COUNTY
ORDINANCE NO. 83-24, THE SUBDIVISION
CODE, AMENDING DEFINITION OF SUBDIVISION;
REVISING APPLICATION OF CERTAIN SURVEY
STANDARDS AND REQUIREMENTS AS APPLIED TO
PRELIMINARY AND FINAL PLAT SUBMITTALS;
REVISING AREA AND DIMENSION REQUIREMENTS
FOR CERTAIN LOTS; AMENDING REQUIREMENTS
FOR VEHICULAR ACCESS; REVISING REQUIREMENTS
FOR RIGHT-OF-WAY AND PAVEMENT WIDTHS;
REVISING REQUIREMENTS UPON CREATION OF
A NEW STREET; REVISING REQUIREMENTS FOR
DOUBLE FRONTAGE LOTS; PROVIDING INCLUSION
IN CODE; SEVERABILITY; AND EFFECTIVE DATE.
NOW, THEREFORE,
BE IT
ORDAINED BY THE BOARD
OF
COUNTY COMMISSIONERS OF
INDIAN
RIVER COUNTY, FLORIDA,
that:
SECTION 1.
DEFINITION OF SUBDIVISION
Indian River County Ordinance No. 83-24, Section 5,
Paragraph 54 is hereby amended to read:
Subdivision.
The
division of
land, whether
improved or
unimproved, by any
means
into three
(3) or more
lots, tracts,
parcels, tiers, blocks, sites, units, land condominiums or fee
simple townhouses, for any purpose, including sale or lease,
whether immediate or future, or any division -of land creating or
changing any public easement or street; includes additions and
resubdivisions.
SECTION 2.
PRELIMINARY PLAT CERTIFICATION
Section 7(d)(3)d is hereby deleted in its entirety.
SECTION 3.
PRELIMINARY PLAT, ADDITIONAL
INFORMATION SURVEY
Section 7(d)(5)a is hereby amended to read:
a. An aerial photograph depicting the boundary lines of
the project shall be supplied together with a survey of the
existing site certified by a Registered Land Surveyor indicating
that the survey meets the minimum technical standards for land
surveying in Florida pursuant to Florida Statutes §472.07 and
Chapter 21HH-6.01, Florida Administrative Code, as supplemented and
-1-
JUL
1-
JUL 17 1985
Fr___
JUL 17 1985
BOOK 61 FADE 531
amended from time to time, with contour lines at one -foot intervals
showing the following information:
1. Watercourses and all free-flowing wells, if any,
2. All water bodies showing the approximate mean high
waterline,
3. All environmentally sensitive land as defined by the
Indian River County Comprehensive- Plan,
4. All trees identified as required by the Indian River
County Tree Protection Ordinance,
5. Coastal construction control line.
SECTION _ 4.
FINAL PLAT SURVEY STANDARDS
Section 7F(4) (f) is hereby deleted in its entirety.
SECTION 5. -
BOUNDARY SURVEY - FINAL PLAT
Section 7(f)(5)z is
hereby created to
read:
Z* The boundary
of the final
plat shall
have a
mathematical error of closure
not greater than
.01 foot.
Any plat
undertaking to establish a
local tidal datum
and determine the
- location of the mean high water line or mean
low water-
line shall
comply with the notification
requirements
of Florida
Statutes
§177.37.
SECTION 6.
-INITIAL POINT IN DESCRIPTION -
NEAREST CORNER
Section 7F(5)j shall be amended to read:
j. The initial point in the description shall be
accurately tied to the nearest Section Corner, Quarter Section
Corner or Government Lot Corner and a certified corner record will
be submitted to the Department of Natural Resources for such corner
in accordance with Florida Statutes §177, Part III.
SECTION 7.
LAND CONDOMINIUMS, FEE SIMPLE TOWNHOUSES
Section 10(g)(1)a is hereby amended to read:
a. The area and dimension of all lots, except platted
land condominiums and fee simple townhouses, for which site plan
approval has been granted, will conform to the requirements of the
Indian River County Zoning Ordinance and to the Comprehensive Land
Use Plan.
SECTION 8.
VEHICULAR ACCESS
Section 10(g)(3)a is hereby amended to read:
a. Every lot in a subdivision, except land condominium
and fee simple townhouse projects for which site plan approval has
been granted, shall have direct vehicular access to a dedicated
local or marginal access street which has been accepted and
maintained by Indian River County or by a property owners'
association.
SECTION 9.
INCREASE OF RIGHT-OF-WAY AND PAVEMENT WIDTHS
Section 10(c)(2) is hereby amended to read:
The Board may require the increase of right-of-way and
pavement widths if it finds that the modification in width is
consistent with the projected traffic needs and good engineering
practice. No variance will be granted on minimum right-of-way
widths for public streets. Right-of-way widths for one-way private
streets may be reduced from the above standards as approved by the
Public Works Director and the Director of the Planning and
Development Division.
SECTION 10.
HEADER CURBS
Section 9A(15) is hereby created to read:
(15) Header curbs are required at the radii of all
intersections and entrances to cul-de-sacs.
SECTION 11.
UNLAWFUL ACTIVITY - CREATION OF
PUBLIC OR PRIVATE STREETS
Section 6 (a) (5) is hereby amended to read:
(a). Unlawful Activity. It shall be unlawful and
subject to penalties provided herein for any person to:
(5) Create a public or private street without platting
in accordance with the applicable provisions of this ordinance.
-3-
JUL 17 1985 BOOK 1 r ,x532
�JUL 17 195
BOOK 61 Fr u 533
SECTION 12.
DOUBLE FRONTAGE LOTS
Section 10(g)(3)d is amended to read:
Double frontage lots may only be created where they front
on and access a local street and the rear of the lot shall be
buffered as required in Section 10(c) (3)c of this Ordinance and
limited access easements shall be provided along such streets.
SECTION 13.
INCLUSION IN CODE
This Ordinance 'shall be incorporated into the Code of
Indian River County and the word "ordinance" may be changed to
"section," "article," or other appropriate word and the sections
of this Ordinance may be renumbered or relettered to accomplish
such purposes.
SECTION 14.
SEVERABILITY
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of this Section which can be given in
effect without the invalid provision or application, and to this
end, the provisions of this Section are declared severable.
SECTION 15.
EFFECTIVE DATE
The provisions of this Ordinance (No. 85-62) shall become
effective upon receipt from the Secretary of the State of Florida of
official acknowledgment that this Ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 17th day
of July , 1985.
APP$OVED S T9? F
ANY L L SUFI
uar3N Al. Brandenbur
Cou ty Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Byar. G_
Don C. Scurlock, Jr., ice Chairman
W- -
77
Acknowledgment by the Department of State of the State of
Florida, this 25th day of ju1_U , 1985. ._
Effective Date: Acknowledgment from the Department of State,,
received on this ?Ash day of ji, 1985, at 11 >nn
A.M. /P.M. and filed in the Office o -f the Clerk of the Board of
aunty Commissioners of Indian River County, Florida.
PUBLIC HEARING - PLAT VACATION FOR THE "REPLAT OF GRENVIEW
GARDENS"
The hour of 10:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a62t_( �
a
in the matter of�%�
in the
Court, was pub -
fished in said newspaper in the issues of ll. ,Ey
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Fiorida,Pand that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before m»f 1his fit ! A.D.
(Clerk of the Circuit Court, Indian River
(SEAL)
43
Ma
NOTICE PUBLIC HEARING
Notice of hearing to Consider vacating plat
known as the Rapist of arenview Gardens, as're-
corded in Plat. Book 5, Page 10, St. Lucie County
records, now lying In Indian River County, Flor-
nee SAW property is described as:
The ReplaI of Grenview Gardens, as recorded in
Plat Book 5, Page 10, St Lucie County records,
now ttyying In Indian River County, Florida, Sec -
don 22, Township 33 South. Range 39 East
The Board of County Commissioners will con.
dud a public hearing regarding the plat vacation
request The public hearing, at which parties in
Interest and citizens shall have an opportunity to
be heard, will be heldby said Board of County
Commissioners In the County Commission
Chambers of the County Administration Building,
located at 1840 25th Street, Vero Beach, Florida,
on Wednesday. July 17,1985 -at 10:00 a.m.
If -'any person decides to appeal any decision
made on the above matter, he will need a record
of the proceedings, and for suchpurposes, he
meyneed to ensure that a verbatim record of the
Proceedings is made, which includes testimony
and evidence upon which the appeal is based.
Indian River County
Board of County Commissioners'
Br -s- Patrick S. Lyons, Chairman
June 25, July 9,1985. ., '
JUL 17 1985 aoor c5, 1
Fr-JUL 17 1985
BOOK
The Board reviewed the following memo dated 7/1/85:
1 FADE 535
TO: The Honorable Members DATE: July 1, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
FOR
SUBJECT: PLATREPLATCON OFIGRENVIEWHE
Robert M. Kea i, AICP GARDENS"
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: Stan Boling REFERENCES:
A4 4 Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 17, 1985.
DESCRIPTION AND CONDITIONS:
On July 18, 1979, -at a properly. noticed public hearing, the -
Board of County Commissioners moved unanimously to vacate all
but the south 40 feet of the "Replat of Grenview Gardens"; the
south 40 feet being Oslo Road right-of-way.
However, a resolution reciting the plat vacation action was
never drafted, adopted, and recorded. Therefore, the vacation
action was not effective pursuant to section 177.101(5) of the
Florida Statutes. The property, located west of 27th Avenue on
the north side of Oslo Road, is the site of the approved Oaks
Paradise Mobile Home Park.
The property owner, Howard P. -Clark, is now requesting that a
resolution be adopted, effecting the plat vacation.
ALTERNATIVES AND ANALYSIS: -
At the July 18, 1979 meeting, the Board of County Commissioners
found that Mr. Clark was the fee simple owner of the property
involved, that all taxes on the property had been paid, and that
the vacation would not affect the ownership or right of convenient
access of any person owning other parts of the subdivision.
These findings are still valid as applied to the property
involved. Adoption of the attached resolution would effect the plat
vacation.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the attached resolution, vacating all but the south 40 feet of
the "Replat of Grenview Gardens".
44
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Resolution 85-77, vacating the plat for
subdivision known as "replat of Grenview Gardens."
45
'JUL 17 1985 BOOK.
r
JUL 17 1985
NOX 61 PAGE537
RESOLUTION NO. 85- 77
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, VACATING THE PLAT
FOR A SUBDIVISION KNOWN AS "REPLAT OF GRENVIEW
GARDENS," AS RECORDED IN PLAT BOOK 5, PAGE 10,
OF THE ST. LUCIE COUNTY RECORDS, NOW LYING IN
INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on July 18, 1979, the Board of County
Commissioners,
pursuant
to proper application,
published notice
and at a public
hearing,
moved unanimously to
vacate all but the
South 40 feet of the plat of a subdivision known as "Replat of
Grenview Gardens," which is recorded in Plat Book 5, Page 10, of
the St. Lucie County records, and which now lies in Indian River
County; and
WHEREAS, in accordance with Florida Statutes
§177.101(5), such action by the Board is not effective unless and
until a
certified copy
of the
resolution
reciting such action is
recorded
in the Official
Record
Books of
the County; and
WHEREAS, no such resolution has been prepared or filed
to date as required by the Statute; and
WHEREAS, the County Commission desires to complete and
give effect to the action taken by the Board on July 18, 1979, by
ratifying
and affirming
the findings
made
at that
time,
to -wit:
That the
petitioner was
and is the
fee
simple
owner
of the
property involved, that all taxes on the property are paid, and
that vacation of all but the South 40 feet of the plat will not
affect the ownership or right of convenient access of any person
owning other parts of the subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that:
1. The foregoing recitals are affirmed;
2. The Board hereby ratifies and affirms the action
taken by this Commission on July 18, 1979, approving the vacation
of the above-described subdivision, less the South 40 feet; and
3. The Clerk for the Board is authorized and directed
to record a certified copy of this resolution in the proper public
records of the County to give effect to this action.
-1-
e 0
The foregoing resolution was offered by Commissioner
Bird who moved its adoption. The motion was seconded by
Commissioner Bowman and, being put to a vote,
the vote was as follows:
Chairman Patrick B. Lyons Absent
A
Vice Chairman Don C. Scurlock, Jr. y
Commissioner Richard M. Bird Aye
Commissioner William C. Wodtke Aye
Commissioner Margaret Bowman Aye
The Chairman
thereupon
declared
Resolution
No. 85-77
duly passed and adopted
this 17th
day
of July
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
CK,
VICE. CHAIRMAN
Attest: eAml FREDA WRI Clerk �� �
APPROVE AS O FgjRM
AND LE A UFFIC"NC
By
ouyrty %AAtor.ney
COMPREHENSIVE BEACH PRESERVATION PLAN - PRESENTATION BY CUBIT
ENGINEERING, LTD.
The Board reviewed the following letter dated 7/3/85:
47
J U L 17 1985 Boas 61
r-
JUL 17 1985
CUBIT
ENGINEERING
LIMITED
July 3, 1985
Mr. Michael Wright, Administrator
Indian River County
1840 25th Street
Vero Beach, FL 32960
RE: Beach Preservation Plan
Dear Mr. Wright:
BOOK 61 PAGE NP -39
SL
Cubit Engineering Limited is pleased to submit our revised contract
proposal to enter into agreement with the County for preparation of a
comprehensive Beach Preservation Plan. Attached is the proposed contract
including our Scope of Services, Fee and Schedule, and Truth -in -Negotiation
Certificate completed in accordance with the Indian River County
requirements.
We look forward to serving the Indian River County in this capacity.
• Very truly yours,
CUBIT ENGINEERING LIMITED
Billyr Edge, P -E.,, Ph.D. _
President
suite 311 • 207 east bay street . charleston, south carolina 29401 (803) 723-4864
suite 108 • 1280 north congress avenue . west palm beach,florida 33409 (305)686-6419
Commissioner Wodtke reported that the Beach Preservation 6
Restoration Committee listened to presentations from five
engineering consulting firms and selected Cubit Engineering, Ltd.
as their first choice firm for negotiations. He introduced Dr.
Billy L. Edge, president of that firm, and Gary Nemeth, project
engineer.
Dr. Edge explained that after they had met with the Beach
Preservation and Restoration Committee to help identify the scope
of work, they prepared a contract and submitted it to the County.
He then presented a slidefilm of several erosion projects Cubit
Engineering has carried out along the Atlantic coastline using
various solutions such as revetments, seawalls, breakwaters, sand
renourishment, etc.
He noted that they did a Beach Management
48
Plan for Pawley Island, South Carolina, which has a a shoreline
somewhat similar to Indian River County in that it is a barrier
island and is bound on the north by an inlet. They also did the
New Jersey State Management Beach Preservation Plan, in which
they went through the same sort of procedure they feel needs to
be done here in Indian River County.
Mr. Nemeth reviewed the existing conditions along Indian
River County's coast showing aerial slides of the shoreline from
Bonita Beach north to the Sebastian Inlet.
Returning to the scope of work, Dr. Edge stressed that what
they are offering is not another study but a beach management
plan to realize the County's objectives for present and future
use of the beach. A major component of the plan would be taking
the information and developing alternatives that are most
appropriate to the County while defining the appropriate costs
and benefits of each. Based on that, they then would come up
with a preliminary report detailed to the level of the actual
cost and benefits of the plan selected by the County, which would
enable the County to know not only the initial costs for
implementation, but also what the long term maintenance and
continued costs would be over the life of the project.
Dr. Edge informed the Board that what they are proposing to
do is consistent with the requirements of HB -278 and the
requirements of the coastal element part of the County's
Comprehensive Land Use Plan, and they would continue to monitor
the requirements promulgated by the Department of Community
Affairs and the Regional Planning Council as they become
available to make sure that the program does, in fact, meet those
requirements. Dr. Edge pointed out that the U.S. Army Corps of
Engineers' program focuses on only two portions of the shoreline,
the 8,000 linear feet of sand renourishment at the Sebastian
Inlet and the 9,000 feet along the shoreline in the City of Vero
Beach. He advised that the federal government is willing to pay
two-thirds of the cost for the work at the Sebastian Inlet and
49
FF"--
JUL 17 1985
BOOK 61 FAGF 541
i
approximately one-half of the work on the Vero Beach portion, and
this actually involves only three miles out of the County's 24
miles of shoreline. However, the Governor's Task Force
Committee, of which he is a member, recognizes that Indian River
County has 6-7 miles of severely eroded shoreline. In addition
to addressing the severely eroded portion of shoreline, Dr. Edge
stated that Cubit Engineering would like to develop a plan on how
the County should address the shoreline that is not critically
eroded as yet.
-Commissioner Scurlock understood that this project would
take eight months and, without additional services, would cost
$97,411. He asked Commissioner Wodtke if the Beach Committee
had any recommendations for funding this plan.
Commissioner Wodtke stated that they tried to keep the Beach
Preservation and Rest.oration Committee out of that particular
aspect, and just concentrate on what the study or plan should
include. He advised that the Committee feels quite strongly
that the study or plan should include the effect the Sebastian
Inlet has on the County's shoreline, and he wondered if a tourist
tax could be used to fund this particular study.
Vice Chairman Scurlock felt if we were going to fund the
study from the General Fund, he would like to have some good
assurance that the comprehensive beach plan would be adhered to
by the entire county and some commitment obtained that this is
the plan we would adopt and implement. He stated that he would
not be averse to having that part of the community which doesn't
pay ad valorem taxes contribute through the tourist tax.
Commissioner Wodtke suggested that Cubit Engineering make a
presentation to the City of Vero Beach and the Town of Indian
River Shores in order to gain their support and participation in
this plan.
Vice Chairman Scurlock wished to go ahead and enter into an
agreement with Cubit Engineering today and request Commissioner
Wodtke and the Beach Committee to come back with an equitable
50
funding plan even if that means that they might come back and ask
for funds from the General Fund -- he just did not want each
municipality doing their own thing.
George Gross, member of the Beach Preservation & Restoration
Committee, advised that present Florida Statutes do permit
levying up to one mill for two years for beach management
studies, if the Commission should wish to go that route.
Vice Chairman Scurlock wanted some assurance from Dr. Edge
that whatever is done here in the community will be coordinated
with each of the municipalities and would not bump into the
Governor's or the DER's program which might result in us having a
$97,000 study that would not receive approval.
Dr. Edge stated that he spoke to members of the Beach
Preservation & Restoration Committee this morning and assured
them that the comprehensive beach management plan will be a
working plan. In order to do that, however, it has to be
permitted by both state and federal agencies. Most importantly,
it has to be fundable or have the ability to attract funds not
only from the county and local municipalities, but from the state
and the federal government as well.
Commissioner Wodtke felt that the plan should include an
emergency permitting procedure in case we have another storm like
we did last Thanksgiving.
Mr. Gross asked for clarification re the southern boundary
of the study, and Dr. Edge explained that their intention is to
include all of the shoreline that has a direct effect or impact
on Indian River County's shoreline, they do not want to solve any
of St. Lucie's problems with this county's funds. The same
applies to the northern boundary at the Sebastian Inlet.
Commissioner Wodtke understood that their analysis
would take into consideration the effects of both inlets.
Commissioner Bird also wished to have this presentation made
to the other two municipalities involved with oceanfront property
in the county so that we don't have a duplication of efforts and
51
BOOK Ell FHir 54.2
JUL 17 1985 BOOK Fp,,E543
they are aware of exactly what the County is undertaking
county -wide. He said he certainly wouldn't be shy about asking
them for contributions towards the funding of this plan.
Commissioner Bowman understood that the scope of work for
the plan covers the entire shoreline of the county.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously approved
the -contract for professional services of Cubit
Engineering, Ltd, and authorized the Chairman's
signature.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK
ECONOMIC OPPORTUNITIES COUNCIL REQUEST TO USE PORTION OF DOUGLAS
ELEMENTARY SCHOOL
The Board reviewed the following letter dated 7/2/85:
]Economic Opportunities Council
Of Indian River County, Inc.
July 17, 1985
P. O. BOX 2766
VERO BEACH. FLORIDA 32960
Board of County Commissioners
1840 - 25th Street
Vero Beach, Florida 32960
Dear Commissioners:
TELEPHONE 562-4177
562-4178
The Economic Opportunities Council of Indian River, Inc.,
submit this proposal for your consideration and approval.
The above said agency wish to request utilization of space
at the former Douglas Elementary School,:located at 64th
Avenue and County 510 in Wabasso.
Our present facality located in Wabasso has a current en-,
rollment of 35 children and is inadequate. The facality
does not comply with State and the Department of Health
and Human Services regulations, as it relates to space per
child.
52
As you are aware our Child Development Program only receives
federal funds, these funds are limited. With this in mind
we would like to make the following proposal.
an N. Strawter
Execu. Director
Leonard Edwards
Project Director
PROPOSAL
The Economic Opportunities Council of Indian River County, Inc..
will provide the following:
I. UTILITY
A. Lights (Designated Area)
B. Water ( Must meet Environmental
Health specfications)
C. Sanitation services
D. A_percentage of maintenance cost
II. SERVICES
A. Telephone (agency use)
III. REVONATI ON/MAINTENANCE
A. Once the property has been renovated
to minimum stardards, we will main-
tain our designated area.
IV. INSURANCE
A. The Economic Opportunities Council
will provide Liability Coverage on
designated area.
53
BOOK 6 1 F'1Gr 544
Fr-
JUL 17 1985
BOOK 61 Fr1HL 54
The Board reviewed the following staff memos:
TO: .The Honorable Members of DATE: July 5, 1985 FILE:
the Board of County
Commissioners
SUBJECT: Douglas School Cafeteria
Rehabilitation
FROM: Michael J. W 'i t` REFERENCES:
County AdminiAtor
Attached is Lynn Williams' analysis of the least possible costs
necessary for converting the Douglas School Cafeteria for use as a
public assembly building.
The Economic'Opportunities Council of Indian River County also has
requested use of four classrooms, kitchen area, and auditorium to
accommodate its Head Start program. The Indian.River County Housing
Authority has informally indicated it might be interested in the
entire site for a low cost housing project.
Since several groups have expressed interest in the school site in
the past two years, I suggest the following action be taken:
A) Staff be instructed to develop a conceptual site plan taking
into consideration the proposed needs of the fire station.
B) Staff be directed to meet with all interested parties to
attempt to lease the site to the organization that will best
meet the needs of the area.
C) If no suitable lease can be negotiated, I suggest the vacant
buildings be demolished and the entire site cleared.
If you have any questions, please advise.
TO: Mike Wright DATE: July 2, 1985 FILE:
County Administrator
Thru: Sonny De Douglas School
General Sery Director SUBJECT: Cafeteria Rehabilitation
CROnn` Williams
Su
perintendent REFERENCES:
Buildings & Grounds
Staff was requested to investigate requirements for conversion of the
Douglas School Cafeteria for use as a public assembly building. the
investigation included discussion with the County's Planning Staff,
54
Building Department Officials and Indian River County Environmental
Health Staff. The following is an outline of needed changes, repairs
and additions to the site and building as required for its intended
use:
I. Site Work
The Cafeteria was considered as a separate building and,
therefore, a separate site for the purpose of this
investigation.
a. Parking - a total of 18 spaces inclusive of 1 handicapped
space, would be required, this is based on 1 space per 200
square feet of building served (Total of approximately 3,500
square feet). Considering the building use as infrequent
(not daily), spaces would not require pavement. Sod over
stabalized base would be acceptable.
b. Landscaping - minimal landscaping would be required in
the parking area. Installation of five (5) trees and
shrubbery for hedges along the road right-of-way are the
expected additions. A sidewalk from the parking area to the
present entrance, approximately 75 feet by 4 feet wide will, be
required.
C. Signage - Proper entrance and exit signs for the parking
area and handicap spaces will be required.
d. Fencing - An entrance gate would be required in the
existing fencing to allow direct entrance from the parking
area.
e. Site Plan Approval - limits of development should be set
for the area of the cafeteria defining the area to be
considered for minor site plan approval.
II. Building Alterations
a. Water - A water source for the bathrooms must be provided.
An existing well is on site. However, for the -purposes of
serving the Cafeteria alone,. it will be more economical to �-
install a new well, pump and tank. The existing well would
fall within 75 feet of a proposed septic tank drainfield.
b. Sewage - The building is presently served by a grease
trap/septic tank. The effluent is discharged into a lift
station and transferred to a package sewer treatment plant on
the north end, of the property. Considering the proposed use
of the building and the cost of repairing, operating and
maintaining the treatment plant, -staff feels it is more
economically feasible to provide an elevated drainfield for
the existing septic system.
c. Additional Restroom - One additional rest room, handicap
equipped, will be required within the cafeteria building.
The existing restroom should be modified if possible to meet
handicap requirements.
d. Repairs to existing Plumbing - the kitchen area of the
building will require minor repairs to the existing plumbing
before water could be provided for the rest rooms.
55
AUL 171985 BOOK �. �'r„t 546
r-JUL 17 195
BOOK 61 PAGUE 547
e. Electrical - Existing lighting and electrical outlets are
adequate for the intended use. A new main breaker and
separate meter will be required to provide electrical service
to the building. There are two existing electrical panels,
however, one serves primarily the former kitchen area and
would not be required for the main meeting room. Additional
electricity would be required in the rest rooms and to
provide for the water pump operation. Entire electrical
system must be upgraded to reflect National Electrical Code
requirements.
f. Heat - No heat is available presently, and is not
required by code.
The items above reflect requirements for use of.the building on an
infrequent or intermittent basis and only as a public assembly
building. These requirements would not cover use on a daily basis or
for purposes other than meetings (i.e. food preparation). More
stringent guidelines exist for additional uses.
Listed below are the projected costs for each of the -items outlined
above:
I. Site Work
a)
Parking -
$1800
b)
Landscaping
- $1500
c)
Signage -
$ 100
d)
Fencing -
$ 250
e)
Site Plan -
$ 125
TOTAL $3775
II. Building Alterations
a) Water Source - $1450
b)
Sewage -
$3000
c)
Restroom -
$1500
d)
Repairs -
$ 250
(Plumbing)
_
e)
Electrical -
$1500
f)
Heat -
N/A
TOTAL $7600
I feel I should stress the possibility of unforseen conditions or
additional requirements that may become necessary upon site plan
approval or Building Department inspections. I have not included
costs for surveying or layout of the area as it was unclear if this
was necessary. My projections are based on the best information
available and do not include cosmetic repairs or maintenance repairs
such as windows, doors, or paint.
56
Administrator Wright explained that there are really two
requests under consideration today: the Economic Opportunities
Council is asking to use several classrooms in the school
building for the Head Start program and the West Wabasso
Progressive Civic League is requesting use of the cafetorium on
the premises.
Jean Strawter, Executive Director of the Economic
Opportunities Council, and Leonard Edwards, Project Director of
the Headstart Program explained that the facility they are
presently using does not meet space requirement regulations for
children, and they would like the use of four classrooms to
accommodate the children in the Wabasso area.
Vice Chairman Scurlock asked if they had any monies
available for renovation of the classrooms.
Mrs. Strawter stated that all they have available is $2,000,
which is the bottom line.
Vice Chairman Scurlock asked if this request would conflict
with the request by the West Wabasso Progressive Civic League to
use the cafeteria.
Mr. Edwards said the reason they are requesting the use of
Classrooms 6, 7, 8 and 9 is because those classrooms have private
bathrooms. They would, however, need some kitchen facilities.
Administrator Wright pointed out that staff's memo shows
what is needed for infrequent use only. He suggested, since
several organizations are interested in using the school and
since there are some specific costs available, that the Board
authorize staff to strike the best deal possible and bring it
back to the Board for a decision on whether to accept the
negotiated deal or tear the building down.
Commissioner Bird objected to tearing a building down when
there are so many community needs for space, but Administrator
Wright argued that the cost of new construction is actually less
expensive than restoring an old school building.
57
JUL 17 1985
BOOK 6 1 P'.GE 548
I
i
JUL 17 1985
BOOK 61 549
Vice Chairman Scurlock stated that he would like to see the
school used and perhaps these organizations could put together a
package on how they would provide services without the County
being in violation of everything in the book.
Vice Chairman Scurlock noted that the Housing Authority is
interested in using some classrooms as apartments.
Mrs. Strawter realized that it would cost quite a bit of
money to renovate the facility, but continued to'stress the need
for a Head Start center in that area. She stated that Head Start
would not have any objections .to the apartments because having
the building occupied would reduce vandalism.
Vice Chairman Scurlock recommended that the County
Administrator be authorized to work with staff on a plan whereby
all entities might be able to use the building.
Commissioner Bird felt that if it was made into apartments,
there would have to be some sort of sewage plant built, and
Administrator Wright advised that the School Board ran a small
package treatment plant when they occupied the building, but it
has been several years since it was permitted.
Mr. Edwards explained that Head Start is limited as to how
much money they can put into renovation and are really stretching
it with the $2,000. He noted, however, that they are paying rent
for their present facility and that amount should have been
figured into how much rent they could pay the County. He
confirmed that the Head Start program is funded annually by the
federal government.
Debate continued about the actual condition of the building
and the amount of renovation actually needed, with Mr. Edwards
contending that the building was not in that bad shape and he did
not believe it would cost over $25,000 to renovate their portion.
Vice Chairman Scurlock pointed out that the School Board
left the site because it would have cost more to renovate the
building than to go out and build a new school. He did not know
where the County would get $25,000 and wondered if Mr. Edwards
58
r r �
had approached the School Board for some assistance in this
endeavor since it was an educational matter.
Mr. Edwards did not believe the School Board would be of any
assistance. He pointed out that just this morning the Board of
County Commissioners approved a large amount of money to be spent
on a beach management plan and wondered why the Head Start
program wasn't considered just as important.
Commissioner Bird felt the Board should hear from Mr.
Cartwright of the West Wabasso Progressive Civic League.
Mr. Cartwright summarized what would be needed for the Civic
League to use the cafeteria. He knew that many repairs were done
by the Civic League because he made some of the repairs himself.
They spent $5,000 on the classrooms, but did not repair anything
on the old frame building because they thought that would be
moved. He felt that staff's estimate of $20,000-$25,000 for
repairs was way out of line and that a more realistic assessment
should be made. Mr. Cartwright stressed that the community would
not be using the cafeteria every day, and he felt that the
Headstart program should have their own kitchen.
Mr. Edwards stated that they had no problem with that as
they could make Classroom 9 into a kitchen very easily.
Commissioner Wodtke thought that the problem was getting it
approved by HRS and the County Health Department.
Vice Chairman Scurlock noted that we could talk about this
all day, and he again suggested that Administrator Wright and
staff make an assessment of the site and then negotiate the best
deal possible.
Mr. Cartwright pointed out that the Civic League wants the
specific use of the cafeteria on an infrequent use basis and that
daily use by Head Start would be subject to a different set of
regulations.
Administrator Wright stated that the kitchen water would
require chlorination.
59
JUL 17 1985aooK �. IkJ-E ��
JUL 17 1995 BOOK 6 1 "F5
Vice Chairman Scurlock understood that the Housing Authority
wants the entire site.
Attorney Brandenburg advised that the County could establish
a not-for-profit corporation and appoint members to a board of
directors who could then lease the building out.
Lengthy discussion ensued regarding how much the County
would pay towards the renovation of the building. Administrator
Wright believed $11,000 was a very conservative estimate for just
the work that needs to be done in the cafeteria.
Vice Chairman Scurlock felt the Commission has to consider
the needs of the entire community and the capability to fund
those needs.
Commissioner Bowman believed that we have two separate
questions today. What are we going to do with the cafeteria and
what are we going to do with the classrooms.
Administrator Wright still wanted to know who is going to
pay for it, and what cost figures to use in negotiations.
Vice Chairman Scurlock felt that the answer to funding all
these requests is to raise the ad valorem taxes two or three
mills.
Commissioner Wodtke stated that at this point he would like
to see what we can do to assist the Civic League so that they can
use the cafeteria, and unless a conceptual plan for use of the
entire site is developed, he would like to see the County remove
or dispose of the other buildings.
Motion was made by Commissioner Wodtke to request staff to
see if we can assist the West Wabasso Progressive Civic League in
their request to use the cafeteria and determine what repairs
need to be done with the costs being estimated by both staff and
the Civic League. The Motion died for lack of a second.
Commissioner Bird felt we should not close the door on Head
Start's request and that we should offer them the same courtesy
as the Civic League. He suggested that we should determine what
needs to be done and how much it will cost to rehabilitate the
.o
M M M
classrooms and find out how much they are willing to contribute
to the cost and how much rent they are willing to pay and then
make a decision on whether or not to enter into an agreement.
Administrator Wright repeated that staff's recommendation as
set out in the memo is that that we talk with everybody who has
expressed an interest, look at the site as a whole, try to
negotiate a lease that best utilizes the property, which might be
a combination of groups, and then bring back a recommendation.
Commissioner Wodtke believed that was what we did with
Florida Health Center, and Administrator Wright felt that one of
the things that must be considered is the entity's ability to
pay.
Commissioner Bowman wanted to separate the two requests,
dealing with the Civic League for the cafetorium and then with
any other agencies interested in the other areas of the site.
Administrator Wright urged the Board not to separate these
issues and close the door on any alternatives because there might
be a situation where the Housing Authority would take the entire
site and lease back the cafeteria.
Vice Chairman Scurlock believed the only way we could
accomplish that is by running a big ad in the newspaper and ask
everyone who is interested in using this facility to present
their requests right here all at one time.
Commissioner Wodtke wanted to set a time limit.
Administrator Wright agreed on a 60 -day timeframe to develop
a conceptual plan for the entire site and come back with a
recommendation on who is interested, who can pay, how much they
can pay, etc., with the understanding that any demolition will be
put on hold in the meantime.
Commissioner Wodtke felt that the cafetorium should belong
to the public, the Civic League, because it was promised to them
many years ago before Florida Health Centers got involved.
MI
JUL 1`7 1985 Boa i,c ,
JUL 17 1995 Book 61 NAGF 553
Mr. Cartwright expressed his disappointment that they must
wait another 60 days to receive an answer about the kitchen
facilities.
RESOLUTION RE RECREATION BONDS FOR PUBLIC GOLF COURSE
Attorney Brandenburg recalled that at the last meeting the
Board adopted a resolution authorizing the validation of up to
$25 million in capital improvement bonds to provide for the
refunding of outstanding bonds that the County has. When that is
accomplished, it will free up the jai alai fronton and race track
funds as a source of revenue to be pledged elsewhere. He
explained that the County has authorized M. G. Lewis 6 Co, to
work on a master plan for the County's financing, including the
ability to finance a municipal golf course. This resolution is a
result of that effort and it authorizes up to, but not exceeding,
$4.2 million in recreational revenue bonds, even though we all
understand that the golf course is only going to cost between
$2.4 million and $2.5 million. A change is needed on Page 6,
Item C, of the proposed resolution where it states, "That the
estimated cost of such Project as above described, is the sum of
$2,600,000." This should be changed to read: " is the sum of not
exceeding $4.2 million."
The County Attorney explained that the reason for having to
validate up to $4.2 million is because there are certain types of
bonds that can be issued where the principal and interest
payments are deferred until later dates, and this would require
the issuance of more bonds than the actual cost of the facility.
This validation would give the County maximum flexibility with
all possible alternatives open when the time comes to make the
actual decision on how to finance the golf course through the
issuance of bonds. For instance, in order to obtain $2.5
million in cash to build the golf course with these types of
bonds, we may have to actually issue $3.2 million and then sell
those at a discount. A major objective of the proposed
62
i
resolution is to have the jai alai and race track funds pledged
to theileast extent possible to support the golf course, the goal
being that the golf course would be an entirely self-supporting
enterprise fund of the County. Attorney Brandenburg advised that
the proposed resolution meets all the Board's objectives and
recommended its adoption.
Vilce Chairman Scurlock wanted to make sure that whatever
amountlof bonds are eventually issued will have an associated
debt service with it. He felt the Golf Course Committee is going
to have to go back to the drawing board and using the National
Golf Course study figures, refine the rate structure based on the
actualfinancing that is put in place. He understood, however,
that all this resolution addresses is the maximum amount of bonds
that could be issued, not the structure of those bonds nor the
actua I lamount.
issioner Bird wanted it clearly understood why the $2.6
millions figure was being changed to $4.2 million because he
didn't Want anyone thinking that the estimated cost of the golf
course Ihad increased so drastically in such a short time.
inistrator Wright emphasized that all we are doing now is
creating the vehicle to pursue all financial alternatives.
ON MOTION by Commissioner Bird, SECONDED by.
Commissioner Bowman, the Board approve unanimously
adopted Resolution 85-78, as amended, and authorized
the County Attorney to file for validation in this
matter.
63
JUL 17 1985 Boos:E 5
r- -
J U L 17 1985
BOOK 61 r,p;r 555
RESOLUTION NO. 85-78
A RESOLUTION PROVIDING FOR THE CONSTRUCTION
AND EQUIPMENT OF A PUBLIC GOLF COURSE IN
INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $4,200,000 .
RECREATIONAL REVENUE BONDS, SERIES 1985, TO
FINANCE THE COST THEREOF; AND PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST
ON SUCH BONDS FROM THE NET REVENUES TO BE
DERIVED FROM THE OPERATION OF THE GOLF COURSE,
THE RACETRACK FUNDS AND JAI ALAI FRONTON FUNDS
ACCRUING ANNUALLY TO INDIAN RIVER COUNTY,
FLORIDA, PURSUANT TO LAW, AND CERTAIN
INVESTMENT INCOME.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA (the "Board"), that:
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution
is adopted. pursuant to the provisions of Chapter 125, Florida
Statutes, Indian River County Ordinance No. 77-19, duly enacted
by the Board on August 3, 1977, as amended, and other applicable
provisions of law.
SECTION 2. DEFINITIONS. The following terms shall have
the following meanings herein, unless the text otherwise
expressly requires. Words importing singular number shall
include the plural number in each case and vice versa, and words
importing persons shall include firms and corporations.
A. "Act" shall mean Chapter 125, Florida Statutes,
Indian River County Ordinance No. 77-19, duly enacted by the
Board on August 3, 1977, as amended, and other applicable provi-
sions of law.
B. "Additional Parity Obligations" shall mean addi-
tional obligations issued in compliance with the terms, conditions
and limitations contained in this resolution and which shall have
an equal lien on the Pledged Funds.
C. "Amortization Installment," with respect to any Term
Bonds of a series, shall mean an amount or amounts so designated
which is or are established for the Term Bonds of such series,
provided that the aggregate of such Amortization Installments for
each maturity of Term Bonds of such series shall equal the aggre-
-1-
gate principal amount of each maturity of Term Bonds of such
series delivered on original issuance.
D. "Authorized Investments" shall mean any of the
following if and to the extent the same are at the time legal for
investment of county funds; (1) direct obligations of or obliga-
tions unconditionally guaranteed by the United States of America;
(2) time deposits represented by certificates of deposit fully
secured in the manner provided by the laws of the State of
Florida; (3) repurchase agreements between the Issuer and
"qualified public depositories," as defined in Chapter 280,
Florida Statutes, or between the Issuer and any government bond
dealer recognized as a primary dealer by the Federal Reserve Bank
of New York, in each case having a capital and surplus or net
capital of $100,000,000, which agreements are fully secured by
obligations described in (1) above that have been physically
delivered to a third party agent and are held in the name of the
Issuer; or (4) any other investments specified by Section 125.31,
Florida Statutes.
E. "Board" shall mean the Board of County Commissioners
of Indian River County, Florida.
F. "Bond Registrar" shall mean a bank or trust company,
located within or without the State of Florida, which shall main-
tain the registration books of the Issuer and which shall be
responsible for the transfer and exchange of the Bonds.
G. "Bonds" shall mean the Recreational Revenue Bonds,
Series 1985, herein authorized to be issued, together with any
Additional Parity Obligations.
H. "Bond Service Requirement" for any Bond Year, as
applied to the Bonds of any series, shall mean the sum of:
(1) The amount required to pay the interest becoming
due on the Bonds of such series during such Bond Year.
(2) The amount required to pay the principal of Serial
Bonds of such series maturing in such Bond Year.
(3) The Amortization Installment for the Term Bonds of
-2-
JUL 17 1985 BOOK 61 r", 556
Fr- I
JUL 17 1985BOOK 61 FAGr557
such series for such Bond Year. In computing the Bond Service
Requirement for any Bond Year, the Issuer shall assume that an
amount of the Term Bonds of such series equal to the Amortization
Installment for the Term Bonds of such series for such Bond Year
will be retired by purchase or redemption in such Bond Year.
When determining the amount of principal of and interest on the
Bonds which matures in any year, for purposes of this resolution,
the stated maturity date of Term Bonds shall be disregarded, and
the Amortization Installment, if any, applicable to Term Bonds in
such year shall.be deemed to mature in such year.
The amount of the Bond Service Requirement for any Bond
Year shall be reduced by -the amount deposited into the Sinking
Fund and/or the Bond Amortization Account, from legally available
funds, for payment of the principal of, interest on and/or
Amortization Installments for the Bonds.
I. "Bond Year" shall mean the annual period ending on a
principal maturity date or an Amortization Installment due date
for the Bonds.
J. "Cost of Operation and Maintenance" of the Project
shall mean the current expenses, paid or accrued, of operation,
maintenance and repair of the Project, as calculated in accor-
dance with sound accounting practice, but shall not include
payments in lieu of taxes, any reserve for renewals and
replacements, extraordinary repairs or any allowance for
depreciation.
K. "Federal Securities" shall mean, collectively, (1)
direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United
States of America, which are not redeemable prior to maturity at
the option of the obligor; (2) bank certificates of deposit
fully secured as to principal and interest by the obligations
described in (1); (3) certificates evidencing ownership of por-
tions of such obligations described in (1) which are held by a
bank or trust company as custodian, under which the owner of the
-3-
investment is the real party in interest and has the right to
proceed directly and independently against the obligor on such
underlying obligations if such underlying obligations are not
available to satisfy any claim against the custodian; or (4)
municipal bonds secured by obligations described in (1).
L. "Fiscal Year" shall mean the period commencing on
October 1 of each year and ending on the succeeding September 30.
M. "Gross Revenues" shall mean all income or earnings
derived from the operation of the Project; all proceeds of the
sale, condemnation and/or insurance on the Project; and any
income from the investment of money in the funds and accounts
herein established for payment of the principal of and interest
on the Bonds.
N.
"Issuer" shall
mean
Indian
River County, Florida.
0.
"Net Revenues"
shall
mean
the Gross Revenues, after
deduction of the Cost of Operation and Maintenance.
P. "Outstanding Obligations" shall mean the Capital
Improvement Revenue Bonds, Series 1980, dated April 1, 1980, and
Capital Improvement Revenue Bonds, Series 1981, dated October 1,
1981, of the Issuer.
Q. "Pledged Funds" shall mean, collectively, the Net
Revenues, the Racetrack and Jai Alai Fronton Funds and the income
from the investment of money in the funds and accounts
established by this resolution for payment of the principal of
and interest on the Bonds.
R. "Project" shall mean the existing properties and
- assets, real and personal, tangible and intangible, owned or
operated by the Issuer, used or useful for a public golf course
and related clubhouse facilities, and all properties and assets
hereafter constructed or acquired as additions, improvements and
extensions thereof.
S. "Qualified Independent Consultant" shall mean such
qualified and recognized independent consultant, which, if
appropriate, may be the certified public accountants retained,
-4-
.tt 11. 7 X985 Boor. 61 ct�
r JUL 17 1985
BOOK 61 PAGE 559
from time to time, to prepare the annual audit of the Issuer;
having favorable repute or skill and experience with respect to
the acts and duties to be provided to the Issuer, as shall from
time to time be retained by the Issuer to perform the acts and
carry out the duties herein provided for such consultants.
T. "Racetrack Funds and Jai Alai Fronton Funds" shall
mean that portion of the racetrack funds and jai alai fronton
funds accruing annually to the Issuer under the provisions of
Chapters 550 and 551, Florida Statutes, and allocated to the
Board pursuant to law.
U. "Record Date" shall mean the 15th day of the month
immediately preceding an interest payment date for the Bonds.
V. "Registered Owner" shall mean any person who shall
be the owner of any outstanding Bond or Bonds as shown on the
books of the Issuer maintained by the Bond Registrar.
W. "Reserve Account Requirement" shall mean the amount
required to be deposited in the Reserve Account for the Bonds as
determined by resolution of the Board on or prior to the sale of
the applicable series of Bonds.
X. "Serial Bonds" shall mean any Bonds for the payment
of the principal of which, at the maturity thereof, no fixed
Amortization Installment or bond redemption deposits are required
to be made prior to the 12 month period immediately preceding the
stated date of maturity thereof.
Y. "Term Bonds" shall mean the Bonds of a series, all of
which shall be stated to mature on one date and which shall be
subject to retirement by operation of the Bond Amortization
Account, herein created and established.
SECTION 3. FINDINGS. It is hereby found and determined
as follows:
A. It is necessary and desirable to construct and equip
the Project on land now owned by the Issuer, all in accordance
with the plans and specifications now on file or to be filed with
the Clerk of the Board.
-5-
_ M M
B. The Issuer is authorized to pledge the Pledged Funds
to pay the principal of and interest on the Bonds.
C. The estimated cost of such Project, as above
described, is the sum of not exceeding $4,200,000. Such cost, in
addition to the specific items contained in the plans and
specifications, may be deemed to include the acquisition of any
land or interest therein, or of any fixtures, equipment or pro-
perties necessary or convenient therefor; expenses for estimates
of costs and of revenues; expenses for plans, specifications and
surveys; administrative expenses; interest on the Bonds prior to,
during, and for not exceeding 2 years following the completion of
the Project; establishment of reasonable reserves for debt
service, bond discount, if any; municipal bond insurance
premiums, if any; letter of credit issuance expenses, if any;
reimbursement to the Issuer of any funds advanced to pay any
costs of the Project; and such other expenses as may be necessary
or incidental for the financing authorized by this resolution,
the undertaking of the Project and the placing of the same in
operation.
D. The principal of and interest on the Bonds to be
issued pursuant to this resolution and all other payments spe-
cified herein will be payable solely from the Pledged Funds, in
the manner herein provided. There are no other outstanding obli-
gations of the Issuer payable from such Pledged Funds, or any
portion thereof, except the Outstanding Obligations payable from
the Racetrack Funds and Jai Alai Fronton Funds; however, the
Issuer shall advance refund the Outstanding Obligations and
defease the lien of the holders thereof on the Racetrack Funds
and Jai Alai Fronton Funds before the issuance of any of the
Bonds.
E. The Board will not be required to levy taxes on any
real property within the area of the Issuer to pay the principal
of and interest on the Bonds or to make any other payments spe-
cified herein. The Bonds issued pursuant to this resolution
shall not constitute a lien upon any other properties of or in
-6-
JUL 17 1985 BooK 61r,�,3r500
JUL 17 1985 BOOK 61 P°GE
the area of the Issuer.
SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In con-
sideration of the acceptance of the Bonds authorized to be issued
hereunder by those who shall hold the same from time to time,
this resolution shall be deemed to be and shall constitute a
contract between the Issuer and such Registered Owners. The
covenants and agreements herein set forth to be performed by the
Issuer shall be for the equal benefit, protection and security of
the Registered Owners of any and all of such Bonds, all of which
shall be of equal rank and without preference, priority, or
distinction of any of the Bonds over any other thereof, except as
expressly provided therein and herein.
SECTION 5. AUTHORIZATION OF BONDS. Subject and
pursuant to the provisions of this resolution, obligations of the
Issuer to be known as "Recreational Revenue Bonds, Series 1985,"
herein sometimes referred to as "Bonds," are hereby authorized to
be issued in an aggregate principal amount not exceeding
$4,200,000.
SECTION 6. DESCRIPTION OF BONDS. The Bonds shall be
issued as capital appreciation Bonds, capital appreciation and
income Bonds, current interest bearing Bonds, or any combination
thereof; shall be numbered from one upward or in such other
manner agreed between the Issuer and the Bond Registrar; shall be
in the denomination of $5,000 each or integral multiples thereof;
shall bear interest at a fixed or floating rate not exceeding the
maximum rate fixed by the Act or by other applicable law, such
interest to be payable semiannually on March 1 and September 1 of
each year; and shall be dated and shall mature on March 1 or
September 1 in such years and amounts as will be fixed by resolu-
tion of the Board prior to the sale of the Bonds.
The Bonds shall be issued in fully registered form
without coupons; shall be payable with respect to principal (and
accreted or appreciated value in the case of capital appreciation
Bonds or capital appreciation and income Bonds, whichever is
-7-
- M M
applicable) at the office of the Bond Registrar as paying agent,
or such other paying agent as may be hereafter duly appointed;
shall be payable in lawful money of the United States of America;
and shall bear interest from their date, payable, in the case of
�current�-interest, by mail to the Registered Owners at their
addresses as they appear on the registration books.
SECTION 7. EXECUTION AND AUTHENTICATION OF BONDS.
The Bonds shall be executed in the name of the Issuer by the
Chairman of the Board and attested and countersigned by the Clerk
of the.Board, and the corporate seal of the Board or a facsimile
thereof shall be affixed thereto or reproduced thereon. Any
validation certificate appearing on the Bonds shall be executed
by the facsimile signature of the Chairman of the Board. The
facsimile signatures of the Chairman and the Clerk of the Board
may be imprinted:,or reproduced on the Bonds. The certificate of
authentication of the Bond Registrar shall appear on the Bonds,
and no Bonds shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless
such certificate shall have been duly executed on such Bonds.
The authorized signature for the Bond Registrar shall be either
manual or in facsimile; provided, however, that at least one of
the signatures, including that of the authorized signature for
the Bond Registrar, appearing on the Bonds, shall at all times be
a manual signature. In case any one or more of the officers of
the Issuer who shall have signed or sealed any of the Bonds shall
cease to be such officer or officers of the Issuer before the
Bonds so signed and sealed shall have been actually sold and
delivered, such Bonds may nevertheless be sold and delivered as
if the persons who signed or sealed such Bonds had not ceased to
hold such offices. Any Bonds may be signed and sealed on behalf
of the Issuer by such person who at the actual time of the execu-
tion of such Bonds shall hold the proper office, although at the
date of such Bonds such person may not have held such office or
may not have been so authorized.
JUL 17 1985 BOOK 61 Frcc.562
JUL, 17 198
BOOK 61 PnE 563
SECTION 8. NEGOTIABILITY. The Bonds issued hereunder
shall be and shall have all of the qualities and incidents of
negotiable instruments under the laws of the State of Florida,
and each successive holder, in accepting any of the Bonds, shall
be cone-lusively deemed to have agreed that such Bonds shall be
and shall have all of the qualities and incidents of negotiable
instruments under the laws of the State of Florida.
SECTION 9. REGISTRATION. The Bond Registrar shall be
appointed prior to the delivery of the Bonds. All Bonds pre-
sented.for transfer, exchange, redemption or payment (if so
required by the Issuer or the Bond Registrar) shall be accom-
panied by a written instrument or instruments of transfer or
authorization for exchange, in form and with guaranty of signa-
ture satisfactory to the Issuer or the Bond Registrar, duly exe-
cuted by the Registered Owner or by his duly authorized attorney.
Upon surrender to the Bond Registrar for transfer or
exchange of any Bond accompanied by an assignment or written
authorization for exchange, whichever is applicable, duly exe-
cuted by the Registered Owner or his attorney duly authorized in
writing, the Bond Registrar shall deliver in the name of the
Registered Owner or the transferee or transferees, as the case
may be, a new fully registered Bond or Bonds of authorized
denominations and of the same maturity and interest rate for the
aggregate principal amount which the Registered Owner is entitled
to receive.
The Issuer and the Bond Registrar may charge the
Registered Owner a sum sufficient to reimburse them for any
expenses incurred in making any exchange or transfer after the
first such exchange or transfer following the delivery of the
Bonds. The Bond Registrar or the Issuer may also require
payment from the Registered Owner or his transferee, as the case
may be, of a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto.
Such charges and expenses shall be paid before any such new Bond
-9-
shall be delivered.
Interest on the Bonds shall be paid to the Registered
Owners whose names appear -on the books of the Bond Registrar on
the Record Date.
----� New Bonds delivered upon any transfer or exchange shall
be valid obligations of the Issuer, evidencing the same debt as
the Bonds surrendered, shall be secured by this resolution, and
shall be entitled to all of the security and benefits hereof to
the same extent as the Bonds surrendered.
The Issuer and the Bond Registrar may treat the
Registered Owner of any Bond as the absolute owner thereof for
all purposes, whether or not such Bond shall be overdue, and
shall not be bound by any notice to the contrary. The person in
whose name any Bond is registered may be deemed the Registered
Owner thereof by:the Issuer and the Bond Registrar, and any
notice to the contrary shall not be binding upon the Issuer or
the Bond Registrar.
Notwithstanding the foregoing provisions of this sec-
tion, the Issuer reserves the right, on or prior to the delivery
of the Bonds, to amend or modify the foregoing provisions
relating to registration of the Bonds in order to comply with all
applicable laws, rules, and regulations of the United States
and/or the State of Florida relating thereto.
SECTION 10. DISPOSITION OF BONDS PAID OR REPLACED.
Whenever any Bond shall be delivered to the Bond Registrar for
cancellation, upon payment of the principal amount thereof, or
for replacement, transfer or exchange, such Bond shall be can-
celled and destroyed by the Bond Registrar, and counterparts of a
certificate of destruction evidencing such destruction shall be
furnished to the Issuer.
SECTION 11. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated or be destroyed, stolen
or lost, the Issuer may in its discretion issue and deliver a new
Bond of like tenor as the Bond so mutilated, destroyed, stolen or
-10-
JUL 17 1985 Boa 61
JUL 17 1985 BOOT( 61 PAGE 565
lost, in exchange and substitution for such mutilated Bond upon
surrender and cancellation of such mutilated Bond, or in lieu of
and substitution for the Bond destroyed, stolen or lost, and upon
the Registered Owner furnishing the Issuer proof of his ownership
thereof`and satisfactory indemnity and complying with such other
reasonable regulations and conditions as the Issuer may prescribe
and paying such expenses as the Issuer may incur. All Bonds so
surrendered shall be cancelled by the Issuer. If any of the
Bonds shall have matured or be about to mature, instead of
issuing a substitute Bond, the Issuer may pay the same, upon
being indemnified as aforesaid, and if such Bond be lost, stolen
or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this
section shall constitute original, additional contractual obliga-
tions on the part• of the Issuer whether or not the lost, stolen
or destroyed Bonds be at any time found by anyone, and such
duplicate Bonds shall be entitled to equal and proportionate
benefits and rights as to lien on and source and security for
payment from the funds, as hereinafter pledged, to the same
extent as all other Bonds issued hereunder.
SECTION 12. PROVISIONS FOR REDEMPTION. The Bonds
shall be subject to redemption prior to their maturity, at the
option of the Issuer or the Registered Owners thereof, at such
times and in such manner as shall be fixed by resolution of the
Board at the time of sale of the Bonds.
At least 30 days prior to the redemption date, notice of
such redemption shall be filed with the paying agent and shall be
mailed, postage prepaid to all Registered Owners of Bonds to
be redeemed at their addresses as they appear on the registration
books. Interest shall cease to accrue on any Bonds duly called
for prior redemption, after the redemption date, if payment
thereof has been duly provided. The privilege of transfer or
exchange of any of the Bonds selected for redemption is suspended
for a 15 day period preceding the date of selection of the Bonds
-11-
I
to be redeemed.
SECTION 13. FORM OF BONDS. The text of the Bonds
and the certificate of authentication shall be in substantially
the following form, with such omissions, insertions and
tvariattorns as may be necessary and desirable and authorized and
permitted by this resolution or by any subsequent resolution
adopted prior to the issuance thereof:
-12-
BOOK G. I Ft„c 566
r JUL 1� 1985
Boa 61 FA -u567
SEE REVERSE SIDE FOR ADDITIONAL
PROVISIONS AND DEFINITIONS CUSIP:
No.
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
RECREATIONAL REVENUE BOND, SERIES 1985
DUE
KNOW ALL MEN BY THESE PRESENTS, that Indian River
County, Florida (the "County"), for value received, hereby promi-
ses to pay to the order of
or registered assignees, on the date specified above, solely from
the special funds hereinafter mentioned, the principal sum of
DOLLARS
upon the presentation and surrender hereof at the office of
paying agent and bond
registrar (the "Bond Registrar"), and to pay interest hereon from
the date of this bond or from the most recent interest payment
date to which interest has been paid, whichever is applicable,
until payment of such sum, at the rate per annum set forth above,
payable on and semiannually thereafter on the
first day of and the first day of of each
year, by check or draft mailed to the registered owner at his
address as it appears on the registration books on the fifteenth
day of the month preceding the applicable interest payment date.
Both principal of and interest on this bond are payable in lawful
money of the United States of America.
This bond is one of an authorized issue of bonds issued
to finance the cost of the construction and equipment of a public
golf course, and related clubhouse facilities (collectively, the
"Project"), under the authority of and in full compliance with
the Constitution and Statutes of the State of Florida, including
particularly Chapter 125, Florida Statutes, Indian River County
Ordinance No. 77-19, as amended, and other applicable provisions
-13-
of law, and a resolution duly adopted by the Board of County
Commissioners of the County (the "Board") on July 17, 1985, as
supplemented (collectively, the "Resolution"), and is subject to
all the terms and conditions of such Resolution.
This bond is payable solely from and secured by a first
lien upon and pledge of (a) the net revenues derived by the
County from the operation of the Project; (b) that portion of the
racetrack funds and jai alai fronton funds accruing annually to
the County under the provisions of Chapters 550 and 551, Florida
Statutes, and allocated to the Board pursuant to law (collectively,
the "Racetrack Funds"); and (c) the income from the investment of
money held in the funds and accounts established in the Resolution
to pay the principal of and interest on this bond (collectively,
the "Pledged Funds"); all in the manner provided in the
Resolution. The lien of the registered owner of this bond upon
the Racetrack Funds may be released by the County upon satisfac-
tion of certain conditions described in the Resolution.
This bond does not constitute an indebtedness of the
County within the meaning of any constitutional or statutory pro-
vision or limitation, and it is expressly agreed by the
registered owner of this bond that such registered owner shall
never have the right to require or compel the exercise of the ad
valorem taxing power of the County for the payment of the prin-
cipal of and interest on this bond or the making of any other
payments specified in the Resolution.
It is further agreed between the County and the
registered owner of this bond that this bond and the indebtedness
evidenced thereby shall not constitute a lien upon the Project,
or any part thereof, or on any other property of or in the
County, but shall constitute a lien only on the Pledged Funds,
all in the manner provided in the Resolution.
The County in the Resolution has covenanted and agreed
with the registered owners of the bonds of this issue to fix,
establish, maintain and collect, to the extent practicable, such
-14-
JUL 17 1985 BooK 61
J U L 17 1985 BOOK 61 rAGE 56
rates, fees, rentals and other charges for the use of the Project
so as to always provide in each year gross revenues sufficient to
8
pay 100% of all costs of operation and maintenance of the Project
in such"year, all Bond Service Requirements (as defined in the
Resolution) coming due in such year on the bonds and all reserve
or other payments specified in the Resolution. The County has
entered into certain further covenants with the registered owners
of the bonds of this issue for the terms of which reference is
made to the Resolution.
(To be inserted where appropriate on face of bond:
"Reference is hereby made to the further provisions of this bond
set forth on the reverse side hereof, and such further provisions
shall for all purposes have the same effect as if set forth on
this side.")
This bond may be transferred only upon the books of the
County kept by the Bond Registrar upon surrender hereof at the
principal office of the Bond Registrar with an assignment duly
executed by the registered owner or his duly authorized attorney,
but only in the manner, subject to the limitations and upon
payment of the charges, if any, provided in the Resolution, and
upon surrender and cancellation of this bond. Upon any such
transfer, there shall be executed and the Bond Registrar shall
deliver, a new fully registered bond or bonds, payable to the
transferee, in authorized denominations and in the same aggregate
principal amount, series, maturity and interest rate as this
bond.
In like manner, subject to and upon the payment of such
charges, if any, the registered owner of this bond may surrender
the same (together with a written authorization for exchange
satisfactory to the Bond Registrar duly executed by the regis-
tered owner or his duly authorized attorney) in exchange for an
equal aggregate principal amount of fully registered bonds in
authorized denominations and of the same series, maturity and
-15-
. M M
M M M
interest rate as this bond.
It is hereby certified and recited that all acts, con-
ditions, and things required to exist, to happen and to be per-
formed precedent to and in the issuance of this bond exist, have
happened and have been performed in regular and due form and time
as required by the Statutes and Constitution of the State of
Florida applicable thereto; and that the issuance of this bond
and of the issue of bonds of which this bond is one, does not
violate any constitutional or statutory limitation.
This bond is and has all the qualities and incidents of
a negotiable instrument under the laws of the State of Florida.
(Insert redemption provisions)
Notice of -such redemption shall be given in the manner
provided in the Resolution.
This bond shall not be valid or become obligatory for
any purpose or' -be entitled to any security or benefit under the
Resolution until the certificate of authentication hereon shall
have been.duly executed by the Bond Registrar.
IN WITNESS WHEREOF, Indian River County, Florida,
has issued this bond and has caused the same to be executed by
the Chairman of.its Board and attested and countersigned by the
Clerk of its Board, either manually or with their facsimile
signatures, and the corporate seal of the Board or a'facsimile
thereof to be impressed, imprinted or otherwise reproduced
hereon, all -as of
(SEAL)
ATTESTED AND COUNTERSIGNED:
Clerk, Board of County
Commissioners, Indian
River County, Florida
1, 1985.
INDIAN RIVER COUNTY, FLORIDA
By
Chairman, Board of County
Commissioners, Indian
River County, Florida
-16-
JIM 17 1985 Boa FA,HL 510 -
UL 17 1995
BOOK
v
CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR
1 F�,CE,57
This bond is one of the bonds of the issue described in
the Resolution.
As Bond Registrar
By
Authorized Signature
Date of Authentication
FORM OF VALIDATION CERTIFICATE
This bond is one of a series of bonds which were vali-
dated and confirmed by judgment of the Circuit Court for Indian
River County, Florida, rendered on , 1985.
Chairman, Board of County
Commissioners, Indian River
County, Florida
The following abbreviations, when used in the inscrip-
tion on the face of the within bond, shall be construed as though
they were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in
common
TEN ENT - as tenants by the
entireties
JT TEN - as joint tenants with
right of survivor-
ship and not as
tenants in common
UNIF GIF MIN ACT -
ust.
Custodian for
(Minor)
under Uniform Gifts to Minors*Act
of
(State)
Additional abbreviations may also be used though not in
list above.
-17-
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers to
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE
the within bond and does hereby irrevocably constitute and
appoint
as his agent to transfer the bond
on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm)
(Authorized officer)
NOTICE: The signature to this
assignment must correspond with
the name of the registered owner
as it appears upon the face of
the within bond in every parti-
cular, without alteration or
enlargement or any change
whatever.
-18-
L 17 1985 BOOK F'A,F 572
FF,-
JUL
i719�5
BOOK 61 mu 573
SECTION 14. SECURITY FOR BONDS. The principal of and
interest on the Bonds shall be secured forthwith equally and
ratably by a first lien upon and a pledge of the Pledged Funds.
The Issuer hereby irrevocably pledges such Pledged Funds to the
,payment,of the principal of and interest on the Bonds.
SECTION 15. BONDS NOT GENERAL OBLIGATION OF ISSUER.
The Bonds shall not be or constitute general obligations or an
indebtedness of the Issuer within the meaning of any constitu-
tional or statutory limitation of indebtedness, but shall be
payable
solely
from and
secured by a
first
lien
upon and a
pledge
of the
Pledged
Funds.
No Registered
Owner
shall
ever have
the
right to compel the levy of ad valorem taxes to pay the Bonds or
the interest thereon, or for the making of any other payments spe-
cified in this resolution.
SECTION 16. COVENANTS OF ISSUER. For as long as any of
the principal of and interest on any of the Bonds shall be
outstanding and unpaid or until there shall have been set apart
in the Sinking Fund, herein established, including the Bond
Amortization Account and the Reserve Account therein, a sum suf-
ficient to pay when due the entire principal of the Bonds
remaining unpaid, together with interest accrued or to accrue
thereon, the Issuer covenants with the Registered Owners of any
and all Bonds as follows:
A. RACETRACK FUND. The Racetrack Funds and Jai Alai
Fronton Funds shall, upon receipt thereof, be deposited in the
"Racetrack Revenue Fund" (the "Racetrack Fund"), hereby created
and established. Such Racetrack Fund shall constitute a trust
fund for the purposes herein provided, and shall be kept separate
and distinct from all other funds of the Issuer and used only for
the purposes and in the manner herein provided. In each year
when the amount on deposit in the Racetrack Fund, together with
the amount then on deposit in the Sinking Fund (excluding the
Reserve Account therein), equals the current Bond Service
Requirement, no further deposits of Racetrack Funds and Jai Alai
-19-
® M M
Fronton Funds shall be required, and any funds on deposit in the
Racetrack Fund in excess of the amount of the Racetrack Funds and
Jai Alai Fronton Funds which, together with the funds currently
on deposit in the Sinking Fund (excluding the Reserve Account
,therein, equal the current Bond Service Requirement, shall be
paid to the Issuer. Money on deposit in the Racetrack Fund
shall, to the extent necessary, be used for the purpose of
supplementing the Sinking Fund (excluding the Reserve Account
therein) in order to prevent a default in the payment of the
principal of and interest on the Bonds.
B. REVENUE FUND. The Gross Revenues shall, upon
receipt thereof, be deposited in the "Recreational Facilities
Revenue Fund" (the "Revenue Fund"), hereby created and
established. Such Revenue Fund shall constitute a trust fund for
the purposes herein provided, and shall be kept separate and
distinct from all other funds of the Issuer and used only for the
purposes and in the manner herein provided.
C. DISPOSITION OF REVENUES. All revenues at any time
remaining'on deposit in the Revenue Fund shall be disposed of
only in the following manner and in the following order of
priority:
(1) First, for deposit on or prior to the 15th day
of each month, in the "Recreational Facilities Operation and
Maintenance Fund" (the "Operation and Maintenance Fund"), which
is hereby created and established, such sums as are necessary for
the Cost of Operation and Maintenance for the next ensuing month.
(2) Second, for deposit into a separate fund which
is hereby created and designated "Recreational Revenue Bonds
Sinking Fund" (the "Sinking Fund"), such sums as will be suf-
ficient to pay all interest becoming due on the Bonds during the
current Bond Year and all principal maturing on the Serial Bonds
during the current Bond Year. All such payments, as provided
above, shall include an amount sufficient to pay the fees and
charges of the paying agents if not otherwise provided.
-20-
J U L 17 1985 Boor 61 f't GE 574
r JUL 17 1985
BOOK 61 PAGE 575
(3) Third,. on a parity with the payments into the
Sinking Fund, from the money on deposit in the Revenue Fund, the
,Issuer�,hall next deposit into the "Bond Amortization Account"
in the Sinking Fund, hereby created and established, if and to
the extent required, a sum equal to the amount of any annual
Amortization Installment for Term Bonds which shall become due
and payable during the current Bond Year.
(4) Fourth, to maintain in the Reserve Account in
the Sinking Fund, which Reserve Account is hereby created and
established, a sum equal to the Reserve Account Requirement on
the Bonds. The Issuer shall deposit into the Reserve Account, on
or prior to the 15th day of each month, 1/12 of 20% of the dif-
ference between the amount deposited into the Reserve Account
from the proceeds of the sale of the Bonds and the Reserve
Account Requirement, and no further deposits shall be required to
be made into the Reserve Account as long as the amount on deposit
therein (including any Reserve Account insurance policy or letter
of credit as described below) shall be equal to the Reserve
Account Requirement. The value of the Reserve Account, including
investments on deposit therein, shall be determined annually on
the first day of the Fiscal Year by a Qualified Independent
Consultant, using the fair market method of valuation, and any
amount on deposit therein in excess of the Reserve Account
Requirement shall, to the extent practicable, be paid to the
Issuer.
Any withdrawals from the Reserve Account shall be sub-
sequently restored from the first money available in the Revenue
Fund after all required current payments for the Sinking Fund,
Bond Amortization Account, Operation and Maintenance Fund
(including all deficiencies in prior payments to those funds and
account) and Reserve Account have been made in full.
-21-
Any excess
funds in the Reserve Account shall be transferred to the Revenue
Fund.
Notwithstanding the foregoing provisions, in lieu of the
required deposits into the Reserve Account, the Issuer may cause
.to be deposited into the Reserve Account a municipal bond
insurance policy issued by a reputable and recognized municipal
bond insurer with the highest rating from A. M. Best & Company,
or a letter of credit from a bank or trust company whose letter
of credit results in the rating of municipal obligations in one
of the.3 highest categories of either Moody's Investors Service,
Inc., or Standard & Poor's Corporation, for the benefit of the
Registered Owners in an amount equal to the difference between
the Reserve Account Requirement and the sums then on deposit in
the Reserve Account, if any, which Reserve Account insurance
policy or letter of credit shall be payable or available to be
drawn upon, as the case may be (upon the giving of notice as
required thereunder), on any Bond interest payment date on
which a deficiency exists which cannot be cured by money in any
other fund or account held pursuant to this resolution and
available for such purpose. If a disbursement is made under the
Reserve Account insurance policy or letter of credit, the Issuer
o
shall be obligated to either reinstate the maximum limits of such
Reserve Account insurance policy or letter of credit immediately
following such disbursement, to the Reserve Account Requirement,
or to deposit into the Reserve Account from the Pledged Funds, as
herein provided, funds in the amount of the disbursement made
under such Reserve Account insurance policy or letter of credit;
or a combination of such alternatives as shall equal the Reserve
Account Requirement.
Money in the Reserve Account shall be used only for the
purpose of the payment of maturing principal of or interest on
the Bonds and maturing Amortization Installments on Term Bonds,
if any, when the other money in the Sinking Fund is insuffient
therefor, and for no other purpose.
-22-
JUL 17 198 BOOK. �L
JUL ,1 °7 1995 Bou 61 FnE 577
The Issuer shall not be required to make any further
payments into the Sinking Fund (including the Bond Amortization
Account and the Reserve Account therein) when the aggregate
amount of money in the Sinking Fund (including the Bond
Amortization Account and the Reserve Account therein) are at
least equal to the total Bond Service Requirement for all Bond
Years of the Bonds then outstanding, plus the amount of redemp-
tion premium, if any, then due and thereafter to become due on
such Bonds then outstanding by operation of the Bond Amortization
Account.
(5) Fifth, for deposit into a special fund to be
known as the "Recreational Facilities Improvement Fund" (the
"Improvement Fund"), which fund is hereby created and
established. Beginning on the 15th day of the month following
delivery of the Bonds, the Issuer shall deposit into the
Improvement Fund, on or prior to the 15th day of each month, an
amount determined in the discretion of the County Administrator.
The money in the Improvement Fund shall be used only for the pur-
pose of paying the cost of extensions, enlargements or additions
to, or the replacement of capital assets of, the Project, and
emergency repairs thereto, or for the purchase or redemption of
Bonds. Such money on deposit in the Improvement Fund shall also
be used to supplement the Reserve Account, if necessary, in order
to prevent a default in the payment of the principal of and
interest on the Bonds. The money on deposit in the Improvement
Fund shall be withdrawn only upon the authorization of the County
Administrator of the Issuer.
(6) Sixth, after the above required payments have
been made, for additions, extensions or improvements to the
Project; for the purchase or redemption of Bonds; or for deposit
in the Sinking Fund to prevent a default in the payment of the
principal of and interest on the Bonds.
The Revenue Fund, the Sinking Fund (including the Bond
Amortization Account and the Reserve Account therein), the
-23-
Operation and Maintenance Fund, the Improvement Fund and any
other special funds and accounts herein established and created
shall constitute trust funds for the purposes provided herein for
such funds and accounts. The money in all such funds and
•accounts shall;be continuously secured in the same manner as
r�
county deposits are authorized to be secured by the laws of the
State of Florida.
Money on deposit in the Revenue Fund, the Sinking Fund
(excluding the Bond Amortization Account and the Reserve Account
therein), the Bond Amortization Account and the Improvement Fund
may be invested and reinvested in Authorized Investments which
mature not later than the dates on which the money on deposit
therein will be needed for the purposes of such funds and accounts.
Money on deposit in the Reserve Account may be invested and rein-
vested only in those Authorized Investments described in
Subsection 2D(1) of this resolution, maturing not later than the
last maturity of the Bonds. All income on such investments shall
be deposited in the Revenue Fund.
The cash required to be accounted for in each of the
funds and accounts described in Subsections 16(A), (B) and (C) of
this resolution may be deposited in a single bank account, pro-
vided that adequate accounting records are maintained to reflect
and control the restricted allocations of the cash on deposit
therein for the various purposes of such funds and accounts as
herein provided. The designation and establishment of the
various funds and accounts in and by this resolution shall not be
construed to require the establishment of any completely
independent, self -balancing funds as such term is commonly
defined and used in governmental accounting, but rather is
intended solely to constitute an earmarking of certain revenues
and assets of the Issuer for certain purposes and to establish
certain priorities for application of such revenues and assets as
herein provided.
D. OPERATION OF BOND AMORTIZATION ACCOUNT. Money held
-24-
JUL 17 1985 Boas WIL r"E578
r
JUL
17 1985
BOOK
61 mn579
for the credit of the Bond
Amortization Account shall be
applied
to the retirement of Term Bonds as follows:
(1) Subject to the provisions of paragraph (3)
below, the Issuer shall endeavor to purchase Term Bonds then
�outstanfding, at the most advantageous price obtainable with
reasonable diligence, such price not to exceed the principal of
such Term Bonds and the redemption premium which would be appli-
cable if the money applied to such purchase were otherwise
applied to the redemption of Term Bonds under paragraphs (2) or
(3) below. The Issuer shall pay the interest accrued on such
Term Bonds to the date of delivery thereof from the Sinking Fund
and the purchase price from the Bond Amortization Account, but no
such purchase shall be made by the Issuer within the 'period of 45
days immediately preceding any interest payment date on which
such Term Bonds are subject to call for redemption, except from
money in excess of the amounts set aside or deposited for the
redemption of Term Bonds.
(2) Subject to the provisions of paragraph (3)
below, the Issuer shall call for redemption on each interest
payment date on which Term Bonds are subject to redemption from
money in the Bond Amortization Account, such amount of Term Bonds
then subject to redemption as will exhaust the money then held in
the Bond Amortization Account as nearly as may be practicable.
Prior to calling Term Bonds for redemption, the Issuer shall
withdraw from the Sinking Fund and from the Bond Amortization
Account and set aside in separate accounts for deposit with the
- paying agents the respective amounts required for paying the
interest on the Term Bonds so called for redemption.
(3) Money in the Bond Amortization Account shall
be applied by the Issuer in each Bond Year to the retirement of
Term Bonds then outstanding in the following order:
(i) The Term Bonds of each series to the
extent of the Amortization Installment, if any, for such Bond
Year for the Term Bonds of each such series then outstanding and,
-25-
if the amount available in such Bond Year shall not be sufficient
therefor, then in proportion to the Amortization Installment, if
any, for such Bond Year for the Term Bonds of each such series
then outstanding; provided, however, that if the Term Bonds of any
series shall not then be subject to redemption from money in the
Bond Amortization Account and if the Issuer shall at any time be
unable to exhaust the money applicable to the Term Bonds of such
series under the provisions of this clause in the purchase of
such Term Bonds under the provisions of paragraph (1) above, such
money or the balance of such money, as the case may be, shall be
retained in the Bond Amortization Account and, as soon as it is
feasible, applied to the retirement of Term Bonds of such series;
and
(ii) any balance then remaining, other than
money retained under the first clause of this paragraph, shall be
applied to the retirement of such Bonds as the Issuer in its
sole discretion shall determine, but only, in the case of the
redemption of Bonds of any series, in such amounts and on such
terms as may be provided in the resolution authorizing the
issuance of the Bonds of such series.
(4) The Issuer shall deposit into the Bond
Amortization Account, Amortization Installments for the amor-
tization of the principal of the Term Bonds, together with any
deficiencies for prior required deposits, such Amortization
Installments to be in such amounts and to be due in such years as
shall be determined by resolution of the Board prior to the sale
- of the Bonds.
The Issuer shall pay from the Sinking Fund all expenses
in connection with any such purchase or redemption.
E. OPERATION AND MAINTENANCE. The Issuer will maintain
the Project and all parts thereof in good condition and will
operate the same in an efficient and economical manner, making
such expenditures for equipment and for renewals, repairs and
replacements as may be proper for the economical operation and
�JUL 17 9985 -26- 8°°K 61 X590
J
JUL 17 195
maintenance thereof.
F. RATE COVENANT.
®O� PAGE581
The Issuer will, to the extent
practicable, fix, establish, revise from time to time whenever
necessary, maintain and collect always such fees, rates, rentals
and other charges for the use of the services of the Project
which will always provide Gross Revenues in each year sufficient
to pay, and out of such funds pay, 1000 of all Costs of Operation
and Maintenance in such year, all Bond Service Requirements
becoming due in such year on the outstanding Bonds and all
reserve or other payments herein required.
G. BOOKS AND ACCOUNTS; AUDIT. The Issuer shall keep
proper books, records and accounts, separate and apart from all
other records and accounts, showing correct and complete entries
of all transactions of the Project. The Registered Owners of any
of the Bonds or any duly authorized agent or agents of such
Registered Owners shall have the right at any and all reasonable
times to inspect such books, records and accounts. The Issuer
shall within 180 days following the close of each Fiscal Year,
cause an audit of such books, records and accounts to be made by
an independent firm of certified public accountants; however,
such audit may be included in the annual audit of the operations
of the Issuer. Copies of each such audit report shall be placed
on file with the Issuer and be made available at reasonable times
for inspection by Registered Owners.
H. NO MORTGAGE OR SALE OF PROJECT. The Issuer shall
not sell, mortgage, lease or otherwise dispose of or encumber the
properties of the Project; provided, however, that the Issuer
from time to time (1) may sell, lease or otherwise dispose of all
the properties comprising the Project if simultaneously with such
sale or other disposition thereof, provision is made for the
payment of cash and/or Federal Securities into the Sinking Fund,
the principal of and interest on which is sufficient to pay the
principal of, applicable redemption premium and interest on all
Bonds then outstanding in full in accordance with the require-
-27-
r � �
M
ments of this resolution and any supplemental resolution; and
(2) may sell, lease or otherwise dispose of any portion of the
properties of the Project which shall have become unserviceable,
inadequate, obsolete, worn out or unfit to be used in the opera-
tion of the Project or no longer necessary, material to, or use-
ful in such operation.
I. INSURANCE. The Issuer shall carry insurance on the
properties comprising the Project of the kinds, against such
risks, accidents or casulaties, and in at least the amounts,
which are usually and customarily carried upon similar
properties, including, without limiting the generality of the
foregoing, fire, extended coverage and general liability, and
also all additional insurance covering such risks as shall be
deemed necessary or desirable by the Issuer; provided, however,
that in lieu of carrying such insurance, the Issuer may self -
insure to the extent customary with like properties. In the
event of any loss or damage to the properties of the Project
covered by insurance, the Issuer shall with respect to each such
loss, promptly repair and reconstruct to the extent necessary for
the proper conduct of the operations of the Project, the lost or
damaged portion thereof, and shall apply the proceeds of any
insurance policy or policies covering such loss or damage for
that purpose to the extent required therefor, unless such repair
and reconstruction is not necessary for the efficient operation
of the Project.
J. ADDITIONAL OBLIGATIONS. Except as provided below,
the Issuer hereby covenants and agrees not to incur any other
obligations or indebtedness, except refunding obligations,
payable from the same source, or any portion thereof, as the
Bonds, unless such obligations contain an express statement that
such obligations are junior and subordinate in all respects to
the Bonds herein authorized as to lien on and source and security
for payment from the Pledged Funds, or the applicable portion
thereof.
-28-
J U L 171985 Boow
'�L 1 hE 582
JUL 17 1985
BOOK 61 PAGE 583
Additional Parity Obligations may be issued under the
following conditions and in the same manner herein provided:
(1) There shall have been obtained and filed with
the Issuer a certificate of a Qualified Independent Consultant:
(a) stating that he had audited the books and records of the
Board relating to the collection and receipt of the Pledged
Funds; (b) setting forth the amount of Pledged Funds received by
the Issuer for 12 months out of the 18 month period immediately
preceding the proposed date of delivery of such Additional Parity
Obligations with respect to which such certificate is made; and
(c) stating that the Pledged Funds for such preceding 12 month
period is at least equal to 1.25 times the maximum Bond Service
Requirement to become due in any ensuing Bond Year on the Bonds
then outstanding and the Additional Parity Obligations proposed
to be issued.
(2) The Issuer shall not be in default in
complying with any of the covenants, terms or provisions in this
resolution, and all payments required by this resolution to be
made into the funds and accounts established hereunder shall have
been made to the full extent required.
K. REMEDIES. Any Registered Owner may either at law or
in equity, by suit, action, mandamus or other proceedings in any
court of competent jurisdiction, protect and enforce any and all
rights under the laws of the State of Florida or granted and con-
tained in the Act and in this resolution, and may enforce and
compel the payment of all sums and the performance of all duties
required by this resolution or by any applicable statutes to be
performed by the Issuer, or by any officer thereof, including but
not being limited to, the collection, application and distribu-
tion of the Pledged Funds in the manner provided in this
resolution.
L. NO IMPAIRMENT OF CONTRACT. The Issuer has full
power and authority to irrevocably pledge the Pledged Funds to
the payment of the principal of and interest on the Bonds.
-29-
The pledge of such Pledged Funds, in the manner provided herein,
shall.not be subject to repeal, modification or impairment by any
subsequent resolution or other proceedings of the Issuer or by
any subsequent act of the Legislature of the State of Florida
(the "Legislature") unless the Issuer shall have provided, or the
Legislature shall have made immediately available to the Issuer,
such additional or supplemental funds which shall be sufficient
to retire such Bonds and the interest thereon in accordance with
their terms. The Issuer shall take all actions and pursue such
legal remedies which may be available to it either in law or in
equity to prevent or cure any default or impairment as within the
meaning of this subsection L.
M. NO FREE USE. So long as any Bonds are outstanding,
the Issuer shall not furnish or supply the facilities and ser-
vices of the Project free of charge to any person, firm or
corporation, public or private.
N. RELEASE OF LIEN OF RACETRACK AND JAI ALAI FRONTON
FUNDS. In the event the Net Revenues received by the Issuer in
the immediately preceding 2 Fiscal Years or in any 24 consecutive
month period within the immediately preceding 30 month period are
at least equal to 1.50 times the maximum Bond Service Requirement
on all outstanding Bonds, and are projected to be at least 1.50
times the maximum Bond Service Requirement on all outstanding
Bonds for the succeeding 2 Fiscal Years, as certified by a
Qualified Independent Consultant, then the lien of the Registered
Owners of the Bonds on the Racetrack Funds and Jai Alai Fronton
Funds, and the pledge thereof to the Bonds, shall thereafter be
released and extinguished. Such certification shall be in
writing and filed with the Clerk of the Board. The Issuer shall
cause a notice to be mailed to the Registered Owners to the
effect that the above described conditions have been met and that
the lien of the Registered Owners on the Racetrack Funds and Jai
Alai Fronton Funds and the pledge thereof to the Bonds is
released and extinguished as of the date of the certificate of
the Qualified Independent Consultant.
L_ —30— eooK 6�. FA�E584
JUL 17 1995 - J
JUL 17 1995
. soox 1 585
0. ARBITRAGE. The Issuer does hereby further covenant
that no use will be made of the proceeds of the Bonds which would
cause the Bonds to be "arbitrage bonds" within the meaning of
Section 103(c) of the Internal Revenue Code of 1954, as amended,
and the applicable regulations thereunder. The Issuer, at all
times while such Bonds and the interest thereon are outstanding,
including refundings thereof, will comply with the requirements
of such Section 103(c) and with the valid and applicable rules
and regulations of the Internal Revenue Service thereunder.
SECTION 17. CONSTRUCTION TRUST FUND. All of the pro-
ceeds derived from the sale of the Bonds (except (a) an amount
equal to accrued and capitalized interest, if any, on the Bonds
to be deposited in the Sinking Fund, and (b) an amount equal to
all or a portion of the Reserve Account Requirement to be depo-
sited in the Reserve Account) shall be deposited in a trust fund
which is hereby created, established and designated as the
"Recreational Facilities Construction Trust Fund" (the
"Construction Fund"). The Construction Fund shall be deposited
and maintained with any banking institution in the State of
Florida approved as a county depository and subsequently
designated by the Board. The money therein shall be used only for
the payment of the cost of the Project, but, pending such
application, may be invested in Authorized Investments maturing
at such time or times as necessary to meet the requirements of
the Construction Fund, the income from such investments to remain
in the Construction Fund pending completion of the Project. Any
balance of unexpended money in the Construction Fund after
completion of the Project shall be deposited in the Revenue Fund.
SECTION 18. DEFEASANCE. If, at any time, the Issuer
shall have paid, or shall have made provision for payment of, the
principal, interest and redemption premiums, if any, with respect
to any of the Bonds, then, and in that event, the pledge of and
lien on the Pledged Funds in favor of the Registered Owners of
such Bonds shall be no longer in effect.
-31-
For purposes of the
preceding sentence, the deposit of Federal Securities in irrevo-
cable trust with a banking institution or trust company, for the
sole benefit of the Registered Owners of such Bonds, in an amount
such that the principal of and interest on such Federal
Securities will be sufficient to pay when due the principal,
interest and redemption premiums, if any, on such outstanding
Bonds, shall be considered "provision for payment." Nothing
herein shall be deemed to require the Issuer to call any of such
outstanding Bonds for redemption prior to maturity pursuant to
any applicable optional redemption provisions, or to impair the
discretion of the Issuer in determining whether to exercise any
such option for early redemption.
SECTION 19. SALE OF BONDS. The Bonds shall be sold and
issued in such manner and at such price or prices consistent with
the provisions of the Act and this resolution as shall be deter-
mined by subsequent resolution of the Board adopted prior to such
sale and issuance, respectively; provided, however, that no Bonds
shall be sold or delivered until the Outstanding Obligations
shall have been advance refunded.
SECTION 20. VALIDATION AUTHORIZED. The Attorney for
the Issuer is hereby authorized, at his option, to institute pro-
ceedings in the Circuit Court for Indian River County, Florida,
for the validation of the Bonds.
SECTION 21. MODIFICATION OR AMENDMENT. No material
modification or amendment of this resolution or of any resolution
amendatory hereof or supplemental hereto, may be made without the
- consent in writing of the Registered Owners of 51% or more in
aggregate principal amount of the Bonds then outstanding, or the
Registered Owners of all the Bonds to be affected by such modifi-
cation or amendment; provided, however, that no modification or
amendment shall permit a change in the maturity of such Bonds or
a reduction in the rate of interest thereon or in the amount of
the principal obligation, or affect the unconditional promise of
the Issuer to pay the principal of and interest on the Bonds as
-32-
JL 17 1985 BOOK F'',GE 586
,JUL 17 1985 BOOK 61 FnE587
the same shall come due from the Pledged Funds, or reduce the
percentage of the Registered Owners of the Bonds required to con-
sent to any material modification or amendment hereof, without
the consent in writing of the Registered Owners of all such
Bonds.
For the purpose of this Section, to the extent any Bonds
are insured by a municipal bond insurance policy, and the insurer
is not then in default under such policy or is not then bankrupt,
insolvent or in receivership, and such Bonds are then rated in as
high a rating category as the rating category in which such Bonds
were rated at the time of initial issuance and delivery thereof,
by either Standard & Poor's Corporation or Moody's Investors
Service, Inc., then the consent of the issuer of the municipal
bond insurance policy shall constitute the consent of the
Registered Owners of the Bonds so insured.
SECTION 22. AUTHORITY TO REPURCHASE BONDS. The Issuer
shall have the power to purchase its Bonds out of any funds
available therefor. The Issuer may hold, cancel or resell such
Bonds subject to and in accordance with the proceedings of the
Issuer constituting contracts with the Registered Owners of such
Bonds. Any Term Bonds so purchased and cancelled shall cause a
reduction, on any reasonable basis selected by the Issuer, in the
Amortization Installments, if any, for the Term Bonds of the same
maturity.
SECTION 23. SUPPLEMENTAL RESOLUTIONS. Any supplemental
resolutions of the Board which, among other things, fix the
-_ remaining fiscal details of the Bonds shall, to the extent
necessary, contain such other provisions as may be desirable to
facilitate interpretation of the provisions of this resolution.
SECTION 24. SEVERABILITY. If any one or more of the
covenants, agreements or provisions of this resolution shall be
held contrary to any express provision of law or contrary to the
Policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
-33-
invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining
covenants, agreements or provisions of this resolution or of the
Bonds issued thereunder.
SECTION 25. EFFECTIVE DATE. This resolution shall
become effective immediately upon its adoption.
Bird The foregoing resolution was offered by Commissioner
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 Absent
Vice Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Ave
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 17th day of July, 1985.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
11 � 1111 1111111j1
' C1)1)"1 lli, Don C. Scurlock, Jr. Vice Chairman
IN
'Attest/: ?`
`, ,F 1EDX WRIGHT, C1
V. . v_- I
APPROVED•
LEGAL' ' SUI
By
Co
•
O FORM, AND
ENCY// i
:TRANDENBURG
ttorney
-34-
BOOK U I F1GE 58 8
JUL 17 1985
DISCUSSION RE FLORIDA EMERGENCY TELEPHONE ACT
Bou 61 PAGE 589.
Attorney Brandenburg explained that the State Legislature
passed a law this year to help counties fund their 911 systems
and this option is now available to implement for the purpose of
paying the cost of capital items and recurring costs.
Commissioner Wodtke asked if we could use it to recoup costs
that have been expended, and Attorney Brandenburg advised that
item is still under review.
OMB Director Jeff Barton explained that the day this bill
was passed in the Senate, they read into the record that it was
their intent and philosophy that the counties would have the
ability to recoup capital costs that have been expended.
Administrator Wright reported that there is $117,000 in
capital costs involved in the County's 911 system, and with 504
for each of the 42,000 phones in the county, we would realize
$21,000 a month, which would allow us to recover all the costs in
six months.
Attorney Brandenburg advised that we cannot recoup recurring
costs through this Act, only additions or expansions to the 911
systems updated equipment.
Director Barton noted that if we are going to do some
enhancements or some changes to the existing system, those costs
could be recouped by keeping the 504 on all the phone lines for a
longer period of time.
Administrator Wright suggested that the Board take this bill
under advisement while staff obtains greater clarification on
recovering old expenses.
The Commissioners agreed to defer action on this matter
until after more information is obtained.
INVITATION FOR COMMISSIONER BIRD TO VISIT SOLID WASTE RECOVERY
FACILITY IN LONDON, ENGLAND
Commissioner Bird informed the Board that he received an
unsolicited invitation for an all expense -paid trip to London,
65
M M M
England, from Digestive Accelerated Decomposition, Ltd. This
firm is inviting public officials to visit a state-of-the-art
solid waste recovery plant. He explained that he has decided to
decline the invitation because he didn't feel it was fair to his
fellow commissioners to go to England regarding a subject with
which he is not familiar. He suggested that Vice Chairman
Scurlock and Utilities Director Terry Pinto would be more suited
for the trip and h.ad asked the firm to invite them instead.
However, they have indicated there will be another trip scheduled
for September if we decide that it would be advisable for someone
from Indian River County to go. He noted that Director Pinto
feels that the trip might be very worthwhile.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 12:35 o'clock
P.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 12:37 o'clock P.M. with the same
members present, Chairman Lyons being absent.
RESCHEDULING OF BUDGET HEARINGS
OMB Director Barton advised that the Sheriff will be out of
town on Thursday and is rescheduled for 8:30 a.m. on Friday.
Mental Health had a conflict and they have been moved to 10:00
a.m. Thursday morning.
The Board set the following tentative dates for the
tentative and final budget public hearings: Ia
Tentative Meeting - Wednesday, Sept. 11, 1985 at 7:30 p.m.
Final Meeting - Wednesday, Sept. 18, 1985 at 7:30 p.m.
.:
JUL 17 1985 BOOK 61 FtwC590
JUL 17 1985
DOCUMENTS TO BE MADE A PART OF THE RECORD
BOOK 61 PPP 591
Employment contract with County Attorney Charles P. Vitunac
as approved at the meeting of July 5, 1985 is hereby made a part
of the record:
67
M M
EMPLOYMENT CONTRACT
THIS CONTRACT, made this /V�'day of July, 1985, by
and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, referred to herein as "County, " and
CHARLES P. VITUNAC, an individual, licensed to practice law
in the State of Florida, hereinafter referred to as "Attorney,"
WITNESSETH THAT, the parties agree as follows:
1. This shall be considered a contract for a definite
term for both parties under the laws of the State of Florida. The
initial term of this contract shall commence on July 22, 1985, and
shall end September 30, 1987, and shall continue for subsequent
one-year periods thereafter unless terminated by either party
according to the provisions of Paragraph 6.
2. Salary shall be established at $51,870.00. Salary
shall be negotiated between the parties in advance of October 1st
of each year, beginning October 1, 1985, and shall in any event be
increased no less than the percentage increase given to County
Commissioners by the State of Florida. In addition thereto,
during negotiations in October, 1985, County agrees to consider an
additional merit increase based upon Attorney's work product. In
addition thereto, the Attorney shall bb entitled to the standard
County car allowance of $200.00 per month and 20t per mile for all
travel on County business outside the County. In the event the
amount of car allowance is increased for other administrative
employees during the term of this contract, then Attorney shall
receive a like increase.
3. County agrees to purchase Attorney into the State of
Florida Retirement System (FRS) for an amount of time equal to the
Attorney's time with the City of Vero Beach (City). It is
understood between the parties that Attorney worked for the City
while City was administering the South County Fire Taxing District
and was the District's attorney. Indian River County has now
taken over the administration of the District and the District's
attorney shall now be transferred and become an employee of the
County. In the event it is impossible to buy Attorney into the
FRS under this paragraph, then County agrees to give Attorney
another benefit of equal value to be agreed upon between the
parties. _1 _
JUL 17 1985BOOK �. FAct 4
FIF-
JUL 1'7 1985
BOOK 61 FACE 593
4. The County shall provide Attorney with all the
benefits accruing
to County
employees
under
the
Rules
and
Regulations for the
Personnel
Management
System
of
Indian
River
County for an administrative position; however, the Attorney shall
be exempt from all employee management provisions of the Rules and
Regulations for the Personnel Management System and shall report
directly to the Board of County Commissioners under the provision
of the Indian River County Administrative Ordinance.
5. The Attorney shall act as the legal adviser to the
Board of County Commissioners of Indian River County according to
the terms of Section 1-35 (Ordinance No. 82-10, Section 5, 6/2/82)
of the Code of Laws and Ordinances of Indian River County.
6. This employment contract may be terminated by the
County
only
for cause
according
to the procedures
set
forth in
Section
1-33
(Ordinance
No. 82-10,
Section 3, 6/2/82)
of
the Code
of Laws and Ordinances of Indian River County or in accordance
with Paragraph 7 hereof. Failure to diligently and
conscientiously discharge the duties of the office of County
Attorney shall constitute just cause for termination under this
paragraph. Should the County terminate Attorney under this
paragraph, Attorney shall be entitled to severance pay, calculated
based on Attorney's salary at the date of termination according
the following table and years of service:
Years of Service
2 or less
M
4
5 or more
Severance Pay
60 days
90 days
120 days
150 days
Attorney
shall also be entitled
to
pay for all accrued
vacation time and
sick leave according
to
the regulations set
forth in the Indian
River County Rules
and
Regulations for the
Personnel Management System for administrative employees.
7. This employment contract may also be terminated by
the County at the end of the initial term or any subsequent yearly
extension thereof by giving the Attorney 60 days written notice in
r
o
advance of
the end of
the initial term or yearly
extension,
whichever is
applicable,
in which event Attorney shall
be entitled
to severance pay in accordance with the schedule in Paragraph 6
hereof. This employment contract may be terminated by the
Attorney at the end of the initial term or any subsequent yearly
extension thereof by giving the County 60 days written notice in
advance of the end of the initial term or subsequent extension, in
which event Attorney shall not be entitled to any severance pay.
8. This contract contains the entire agreement between
the parties and shall not be modified, waived, altered or changed
except by an instrument in writing duly signed by both parties.
DONE AND EXECUTED the date first above written.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
B y �.. e -
Freda Wright, Cle Don C. Scum ock, Jr ,
Vice Chairman
CHARLES P. VITUNAC
Approveos.W form
and lea f agnu
Brandenburg
-3-
JUL 17 1985 Bou 61 P uC 594
r--�L 17 1985
BOOK 61 FrUE 595
There being no further business, on Motion duly made and
seconded, the meeting adjourned at 12:45 o'clock P.M.
ATTEST:
Clerk
i
71
01