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Home My WebLink About12/8/1987Tuesday, December 8, 1987 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 Tuesday, December 8, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were Perry Mattes, Assistant County Administrator, in the absence of Administrator Balczun, who was out of town; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock asked that an item be added under Utilities giving an update on the status of the treatment system at River's Edge Subdivision. Commissioner Wheeler requested that Item 6D. - Repair of Lindsey Road - (which is on the Consent Agenda) be removed from today's agenda and held over to next week's agenda. Commissioner Eggert wished to add under the Consent Agenda permission for Welfare Director Joyce Johnston to attend a meeting of the Social Services Policy Committee in her place. Commissioner Bird requested the addition under his items of an emergency item in regard to a contract for landscaping at Sand Ridge Golf Club. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously added items and deleted items from today's Agenda as described above. DEC 8 1987 BOOK 70 F;:Jr 248 DEC 8 1987 BOOK 70. F�;H 249 APPROVAL OF MINUTES The Chairman asked ifthere were any additions or correc- tions to the Minutes of the Regular Meeting of November 10, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of November 10, 1987, as written. CONSENT AGENDA Commissioner Eggert requested that Items E, F, I, N and X, be removed from the Consent Agenda for discussion. Commissioner Bird asked that Items G and T also be removed for discussion. A.FinalPayment - Bid for Transformer Replacement The Board reviewed the following memo: TO: The Honorable mmibers of the DATE: November 24, 1987 FILE: Board of County Camiissioner THROUGH Charles P. Balczun, County Administrator SUBJECT: Final Payment - Bid for James W. Davis, P. E. Transformer Replacement Public Works Director L �W lliams, OM: intdent REFERENCES: Buildings & Grounds DESCRIPTION AND CONDITIONS The Board of County Cacranissioners awarded the bid for the replacement of the Electrical Transformer at the County Administration Buildings in June of 1986. The project was funded in budget year "86-87". This work included conduits for primary and secondary feeds, wire and a. waterproof trough for the secondary, and the termination of all parallel feeds. A delay in the delivery of the waterproof trough held up the project for same time. Staff requested the budget office make necessary budget transfers since the project was underway before budget year ended. 2 All work has been ccanpleted in accordance with the specifications and approved by staff. RECCMMENDATICNS Staff recommends full and final payment of $24,750 to Paragon Electric of Vero, Inc. in accordance with the contract documents. Funding to be frcn► Account #001-220-519-066.39. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved final payment of $24,750 to Paragon Electric of Vero, Inc., in accordance with the contract documents. B. Out -of -County Travel (Bowman) ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved out -of - county travel for Commissioner Bowman to attend FACo Environmental Resources Policy Committee meeting, in Orlando, December 14, 1987. C. Release of Easement - Seagrove Subdv. (Callahan) The Board reviewed memo of Code Enforcement Officer Heath: 3 , BOOK 70 P,1 GF 250 A e�� Boa 70 PPCF 251. TO: The Honorable Members of DATE: November 19, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Ro ert M. Keating, A.I.P. DIRECTOR, COMMUNITY TIEVELOPMENT THROUGH: Roland M. DeBlois FROM: Staff Planner Charles W. Heath rndp Enforcement Officer RELEASE OF EASEMENT, REQUEST BY JAMES & ELIZABETH CALLAHAN SUBJECT PROPERTY: LOT 21, BLOCK E, SEAGROVE SUBDIVISION UNIT 6 REFERENCES: CALLAHAN MEMO DISK. REMS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 8, 1987. DESCRIPTION AND CONDITIONS: The County has been petitioned by James and Elizabeth Callahan, owners of the subject property, for the release of the southerly three (3) feet of the northerly ten (10) foot utility easement, being the southerly three (3) feet of the northerly ten (10) feet of Lot 21 Block E, Seagrove Subdivision Unit 6, Section 16, Township 33 South, Range 40 East, .Indian River County, Florida; according to the Plat thereof as recorded in the official Record Book 636 Page 1193. It is Mr. & Mrs. Callahan's intention to effect compliance with Indian River County regulations by releasing that part of the utility easement which the enclosed pool deck has been encroaching since 1982. The current zoning classification is RS -3, Single -Family Residential District. The land use designation is LD -1, Low Density Residential up to three (3) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell- Telephone, Vero Beach Power Company, Florida Cablevision Corporation, and -the Indian River County Utility and Right -of -Way Departments. Based upon their review, there were no objections to the release of that portion of the ten (10) foot utility easement. The zoning staff analysis showed that the drainage would be adequately handled on the site. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the southerly three (3) feet of the northerly ten (10) foot utility easement of Lot 21, Block E, Seagrove Subdivision, Unit 6, as recorded in Plat Book 10 Page 94, of the.Public Records of Indian River County. 4 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously adopted Resolution 87-145 releasing the southerly 3 feet of the northerly 10 foot utility easement of Lot 21, Block E, Seagrove Subdivision, Unit 6, as requested by James & Elizabeth Callahan. RESOLUTION NO. 37-14 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE SEAGROVE SUBDIVISION UNIT 6. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to James E. Callahan and , Elizabeth Callahan whose mailing address is 1764 Bay Oak Circle, Vero Beach, Florida 32963 ,Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: sioner I?g,gert December SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commis - Bird seconded by Commissioner and adopted on 1987, by the following vote: the 8til day of ,I9 5 BOOK 70 PAUF 252 UK C L_ DEC 8 1997 Bou 70 PGE 253 Commissioner Scurlock Commissioner Bowman Commissioner Bird Commissioner Eggert Commissioner Wheeler Aye Aye Aye Ave, Aye The Chairman thereupon declared the resolution duly passed and adopted this Sth day of _1)ecemher 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G Don C. Scurlock, Jr. 61 Chairman EXHIBI`!' "A" The southerly three (3) feet of the northerly ten (10) foot utility easement of Lot 21 Block E Seagrove Subdivision Unit Number 6 in the Official Record Book 636 Page 1193 of Indian River County, Florida. D. Repair of Lindsey Road Removed from Agenda and held over to next week's agenda at request of Commissioner Wheeler. E. DER Standard Dredge S Fill Permit Appl. - Friedt Foundation The Board reviewed memo of the Chief of Environmental Planning voicing objections to issuance of the permit: 6 TO: The Honorable Members of DATE: November 25, 1987 FILE: The Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: DER STANDARD DREDGE & FILL PERMIT APPLICATION Ro ert M. K ti g, #311398159 Planning & Developm t Director Applicant: Friedt Foundation FROM:Michael K. Miller Mtn REFERENCES: DREDGE & FILL/MISC2 Chief Environmental Planning & Code Enforcement It is requested that the data herein presented be given formal consideration by the Board of County Commissioners_ at their regular meeting of December 8, 1987. DESCRIPTIONS AND CONDITIONS: The DER routinely solicits comments from local governments during their permit review process and considers comments from local governments in acting on dredge and fill permit applications. Typically, the staff responds to DER on small scale --projects, when the .comments are technical - but- not negative. :=Such staff level comments are not generally brought to the attention of the Board of County Commissioners.- The subject dredge and fill application, however, concerns the filling of 16 acres of submerged bottomlands, and has the potential to seriously impact the lagoon. Therefore, the staff recommends that the Board review the information contained herein and authorize comments to be sent to DER. The project is located in the Indian River Lagoon, 1.6 miles south of the Sebastian Inlet, to the west of Highway AIA (Section 28, Township 30 South, Range 39 East). The proposed project is located within the unincorporated portion of the County. Although most area seaward of mean high water is under state ownership, certain submerged bottomland is privately owned. The subject property constitutes some of that privately owned bottomland. The applicant has applied for a dredge and fill permit from the Florida Department of Environmental Regulation (DER} A dredge and fill permit from DER is necessary prior to any filling of submerged bottomlands in the Indian River Lagoon. The applicant _ proposes to fill an area of approximately 16 acres that is currently below the mean high water line, in order to develop a residential subdivision. If the State issues the dredge and fill permit, the applicant will file with the County for subdivision approval, and the County will apply County requirements during the subdivision review process. The applicant intends to construct 16 single-family lots of approximately one acre each. Water and sewer service would be provided by individual well and septic tank, and stormwater runoff will be detained on-site and discharged to the lagoon. A concrete seawall will be constructed at the perimeter of the project, and docking facilities are proposed. ALTERNATIVES AND 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 DEC 8 1987 7 BOOK 70 F,gGF 254 BOOK 70 €-nx 255 Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region The Hutchinson Island Resource Planning & Management Plan The Code of Laws & Ordinances of Indian River County Chapter 18-20, Florida Administrative -Code On September 8, 1987, the Florida Department of Environmental Regulation (DER) received a Dredge and Fill Application (attached) to authorize the filling of 16 acres of submerged lands. On October 8, 1987, the DER requested more information from the applicant and as of November 25, 1987, no additional information had been received by DER. DER has indicated that the applicant may elect to pursue administrative remedy concerning the issuance of a dredge and fill permit and may not respond to DER's request for additional information. Therefore, it is important that local comment be provided at this time. DER has requested information on the following issues: -1. Identify the boundaries of shellfish leases within 3 miles of the site; 2. How will septic tank effluent impact the lagoon?; 3. Document valid ownership of-- the submerged land in question; 4. Hydrographic information (water flow characteristics, wind & wave climatology, etc.); and 5. Details of the docking pier. In addition to incomplete information as indicated above by DER, the following facts concerning State regulations make approval of the applicant's application unlikely. 1. This section of the lagoon is designated as a Class II Conditionally Approved Shellfishing Area. Rule 17-4.280(8)(a) states that DER cannot issue -.a permit -for dredging or filling in an approved shellfish area; 2. The submerged land is either-. adjacent to or within an Aquatic Preserve; 3. The submerged land is either adjacent to or within the area that is pending Outstanding Florida Water (OFW) status; 4. Florida Statute 403.918(2) prohibits projects that significantly degrade Outstanding Florida Waters or are located within an Outstanding Florida Water unless the project is clearly in the public interest; 5. Florida Statute 403.918(5)(a) prohibits construction of a vertical seawall in the lagoon. Local concerns that are not specifically reflected in state law include the following three'items: 1. The Pelican Island National Wildlife Refuge boundary is immediately adjacent to the subject site. Development of a bulkheaded subdivision would not be consistent with preservation of Pelican Island National Wildlife Refuge in its pristine condition. Construction activity associated with filling the site and construction of the bulkhead will degrade water quality of the wildlife refuge over the short term, and the effects of 8 stormwater runoff and septic tank effluent will degrade water quality of the adjacent wildlife refuge over the long term. In addition, the presence of a bulkhead will alter water and sediment transport in the vicinity of the proposed development (to the detriment of the existing conditions within the wildlife refuge). 2. Extensive stands of seagrass have recently been documented at the site. Two dominant species include Shoal Grass and Manatee Grass. The ecological importance of seagrass habitats is well documented. The County has recognized the importance of seagrass through the formation of the Seagrass Advisory Committee several years ago and the formation of the Marine Advisory Committee this year. 3. The Indian River County Comprehensive Plan contains two policies which run contrary to development of submerged bottomlands in the Indian River Lagoon: a. The County shall not permit activities within or adjacent to the lagoon which threaten to degrade or result in the closing of open shell fishing waters. The County encourages the opening of additional shell fishing areas within Class II waters. F - b. The County -shall require that all water dependent activities (marinas, docks) and infringements (roads, bulkheads) be located landward or spanned on pilings, where such uses are located on submerged bottoms and wetlands. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize' staff to transmit a letter to the DER that states the County's objection to the above referenced application due to the following factors: _ 1. The proposed development will not conform to County policy as contained in ' the Indian River County Comprehensive Land. Use Plan; 2. The filling of submerged lands adjacent_ to Pelican Island National Wildlife Refuge will have negative "short term and long term consequences on water quality' within the refuge. 3. The submerged bottomlands support a lush stand of seagrass. Filling of the site will irrevocably destroy the seagrass at the site and may degrade water quality and alter .water flow patterns such that seagrass viability may be severely threatened in the vicinity of the project. BOOK 70 P",, 9 256 DEC 8 1987 L I DEC 8 1997 Boa 70 F,,,F 257 Commissioner Eggert questioned if this is not an unusual situation. Planning Director Keating agreed that this is much more substantial than the usual request; it concerns 16 acres that are completely submerged in the Indian River. Staff wanted to bring it to the Board because of its magnitude and also because it is a negative comment. Commissioner Eggert asked, when we have this large a project and a completely negative comment, whether the only thing that does to the DER is the staff comment or does it need to be reinforced by something from the County Commission. Director Keating explained that this actually would be a letter from the Commission indicating that they approved staff's recommended action. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously authorized staff to transmit a letter to the DER stating the objections set out in memo November 25, 1987. F. Soccer Field Tree Relocation - Hobart Park Public Works Director Davis reviewed the following memo: TO: The Members of The Board DATE: November 2, 1987 FILE: of County Commissioners THROUGH: Charles P. Balczun County Administrator SUBJECT: soccer Field Tree Relocation Hobart Park FROWames W. Davis, P.E REFERENCES: Public Works Director memo: Rex Hailey to Jim Davis 10/29/87 Last month, the Board authorized construction of 2 soccer fields at Hobart Park with the condition that existing trees be 10 relocated. After further investigation, it is staff's opinion that it is not economically feasible to relocate the 2 oak trees in the area. We have spoken with Bill DeBraalr Urban Forester, and he stated that a 90" tree spade would be required. Ron Price in town has a 50" spade. Vista Properties has an 80" spade. It would cost approximately $100/hr to rent the'spade. Staff requests permission to remove the trees. Commissioner Eggert wondered if anyone had talked to John Tippin about helping us with this as he has moved so many trees in the county. Commissioner Bird advised he had a suggestion that might help solve this problem. He noted that an emergency item was added to the agenda to approve a contract to design the entranceway to the County golf course; he has talked to the low bidder, Joe Montalto, about the possibility of making use of the oak trees in the design; and he would love to have them. He also talked with Ron Ewing of Vista Properties, who has an 80" tree spade, and Mr. Ewing has agreed to donate the services of their tree spade to move the trees. Commissioner Bird believed it is the right time of year to move these trees, and he believed we can move them and reuse them at the golf course. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the re- location of the two oak trees to the golf course as suggested by Commissioner Bird. G. Hobart Tower Space Lease_- (Graves Brothers Co.) The Board reviewed memo from the Emergency Management Director: DEC 8 1987 11 BOOK 70 PAGE 258 500K 70 PnU 257 TO: Indian River County DATE: Nov. 25.1987 �E: Board of County Commissioners On� ©"n.6"`�ys .THRU: Charles P. Balczun County Administrator _K91' Sharon Brennan Phillips SUBJECT: Agenda Item Assistant County Attorney Hobart Tower Space Lease Graves Brothers Company FROM: Doug Wright, Director REFERENCES: Emergency Management BACKGROUND Indian River County owns and operates a four hundred (400) foot tower at. Hobart Park which currently generates revenue of approx- imately $14,000 per year thru the leasing of antenna space on the tower. _ - . Graves Brothers Company of 8465 Old Dixie Highway, Wabasso, Fl. 32970, has formally requested the Board of County Commissioners approve the attached -lease for one antenna to be .installed at 340 feet above ground level for which Graves Brothers Company will pay $170 per month or $2,040.00 per year.. RECOMMENDATION Staff recommends approval of the tower space lease which is attached for review. An insurance certificate will be obtained from the lessee prior to the installation of the antenna. Commissioner Bird commented that since this tower is located in Hobart Park, and we are always looking for revenue for our parks, he wondered if there is any thought the rental from the tower should go to the Parks budget. OMB Director Baird advised that we use the revenue from the tower to offset the cost of the tower itself. It costs about $6,000 annually just for electricity and maintenance costs. Chairman Scurlock inquired if we have an R&R (repair & replacement) fund set up on the tower, and Director Baird noted that we do not as yet; they are working on that now. Last year was really the first year it was in service. Commissioner Eggert inquired how much rental space is left, and the Chairman believed there is additional space, but the question is at what height. 12 Commissioner Eggert wished to know if the rents vary according to height, and Director Baird confirmed that they do , but we are not giving out the higher levels as we are trying to save those for ourselves. Chairman Scurlock believed the idea when we decided to build that tower was to have it self-supporting and set the rental fees at a fair market value. He did not know if there is any excess revenues at this point, but there may be in the future. Commissioner Bird noted that he is just putting in a plug that if there should be any excess revenues, possibly they somehow could be directed into the Parks funds. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the Tower Space Lease with Graves Brothers Company as described in memo dated November 25, 1987. SAID LEASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. H. Submit Letter to Congressional_ Delegation to Support Funding t�Fie Land anr d ateconservation Fund The Board reviewed memo from the Public Works Director: 13 BOOK 70 FnE'Ir 0 DEC 1987 r- I DEC 8 1987 BOOK 90 TO: The Honorable Members of the DATE: December 1, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun, County A&,inistrator et from tfor County SUBJECT: ltothe Congressional Delegation for Support in Funding the Land and Water Conservation Fund (HR2712) FROM: James W. Davis, P.E REFERENCES: Richard W. Froemke, Chief, Public Works Director Office of Recreation Services,, nuu, +-n All Tnrral r_-m&eXMMent- dated 11-13-87 AMID CONDITIONS The Federal Government is now considering a $35 million appropriation to fund the Land and Water Conservation'Fund for FY1988. The funding request is -included in bill BR2712, which has passed the Senate and has been sent to the -House - Senate Conference Committee for action. It appears that local support is needed to move the funding approval in a positive way. ALTERNATIVES AND ANALYSIS Indian River County has received over $100;-000 since 1967 -under the LWCF grant program. Staff -considers this program a viable funding source for future park land acquisition. It is recommended that the Board authorize staff to prepare a letter for the Chairman's signature in support of the funding appropriation. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized staff to prepare a letter for the Chairman's signa- ture in support of the funding appropriation as described above. I+ Agreement w/Federal Drug Enforcement Agency The Board reviewed memo from Solid Waste Manager Dean: 14 TO: BOARD OF COUNTY 'COMMIS,SI THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY WVICES FROM: H. T. "SONNY" DEAN MANAGER OF SOLID W E MANAGEMENT DEPARTMENT OF UTILITY SERVICES DATE: NOVEMBER 23, 1987 SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND UNITED STATES OF AMERICA FEDERAL DRUG ENFORCEMENT AGENCY In August.1986, Indian River County entered into an agreement with the Federal Drug Enforcement Agency to burn a given amount of marijuana and other illegal drugs in the incinerator located at the landfill. In early 1987, the incinerator reached a point of deterioration that it had to be replaced. Deterioration was accelerated due to marijuana burning at such a high temperature in excess of 3000 -degrees. A new air -curtain incinerator has been installed and we are presently operating at a capacity to catch up with the enormous amount of debris stored on site. The Drug Enforcement Agency has called continuously to ascertain when they may resume transportation of seized drugs to our site for burning. Specifications for the new burner require temperatures not to exceed 2800 degrees Fahrenheit. Other burnable debris will have to be mixed with the drugs in order to maintain the specificied temperature. Due to. the problems associated with the burning of drugs in our incinerator, the following changes are recommended in the present agreement with the Drug Enforcement Agency: 1. The County will receive and burn no more than ten (10) tons per day. 2. The cost to burn the drugs is to be increased from $65.00 to $245.00 per ton. Commissioner Eggert just wished to know if the ten tons a day referenced is just drugs or everything, and Director Pinto advised that the ten tons refers only to drugs. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved an agreement with the Federal Drug Enforcement Agency for the disposal of contraband by burning as recom- mended by staff. (SAID CONTRACT WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED.) ®EC 1987 15 BOOK 70 f''tOuE _I DEC 9.1987 moK 70 PAGE 26.3 J. Final Payment __Pactherm Air_ Curtain_ Incinerator The Board reviewed memo from Manager Dean: TO: BOARD OF COUNTYCOMMI IONERS DATE: NOVEMBER 24, 1987 THRU: TERRANCE G. PINT DIRECTOR OF UTILITY SERVICES FROM: H. T. "SONNY" DE MANAGER OF SOLID W S E MANAGEMENT DEPARTMENT OF UTILITY SERVICES SUBJECT: PACTHERM AIR CURTAIN INCINERATOR BACKGROUND The subject piece of equipment has been installed and is currently in operation at the Indian River County Landfill. Minor problems have incurred and all were corrected by Ryan Sales and Service, contractor for the project. RECOMMENDATION Staff recommends Board action to release funds for final payment on the equipment. INVOICE Indian River County Utilities Indian River County 1840 25th Street Vero Beach, Florida 32960 Attn: Por. Terrance G. Pinto :Invoice -Date 10-20-87 Invoice # .124 Job # 87010 Final Payment for one 40 -Foot Air Curtain Incinerator - Total Price $184,249.00 Less Previously Paid $165,824.00 Amount Due $ 18,425.00 RYAN SALES AND SERVICE 10001 NW 50TH STREET SUITE 103A SUNRISE, FLORIDA 33351 (305) 742-0553 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved release of funds for final payment on the Air Curtain Incinera- tor to Ryan Sales & Service in the amount of $18,425.00. 16 K. Accept Yearly Report __Public Health Unit The Board reviewed memo from Public Health Director Berman: This report is made up of the following sub -reports produced by the CPHU Con- tract Management System: 1. DE140L1 - "CPHU Contract Management Report" which compares the actual services and expenditures with the contract plan for.the second quarter of the contract; 2. DE235L1 - "Analysis of Fund Equities" which shows revenue for the re- port period by source and the balance in the CPHU trust fund; 3. DE25OLl - "Statement of Budget and Actual Expenditures Per Revenue Contribution Ratio": 4. "CPHU Program Service Area Variance Report" which explains variance in actual expenditures for the report period which are greater or less than 25 percent of the planned expenditure levels. Bernard D. Berman, M. D. Director ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously accepted the yearly report on the IRC Public Health Unit for the period ending 9130/87. 0 81987 17 moK 70 DGUE 264 STATE OF FLORIDA AI]0'15'��V��ILA'30A'TIVE DEPARTMENT OF HEALTH SERVICES INDIAN RIVER COUN UB �Q� EH UNIT l�i/ 2525 14TH AVENuE VERO BEACH, FL 32960 L C`U� EwFtoNMCNTAL HEALTH L 1840 25TH STREET - SUITE N•/ 18 TELEPHONE (305) 567-110 1 VERO BEACH, FL 32960 SUNCOM 221.5302 November 25, 1987 TELEPHONE (305) 567.8000 ExT. 229 SUN -Com 224.1229 DISTRIBUTION LIST Commissioners FROM: Indian River County Public Health Unit Administrator Attorney SUBJECT: Report of Activities and Expenditures Personnel THROUGH: Charles P. Balczun, Indian River County Administrator Public Works Joseph Baird, Office of Budget and Management Community Vev. Utilities TO: Don C. Scurlock, Jr., Chairman of the Board Finance Indian River County Board of County Commissioners Other __(�a�•� ;�� , As required by Chapter 154, Florida Statutes, and the contract between the Department of Health and Rehabilitative Services and Indian River County, the attached report of the activities and expenditures of the Indian River County Public Health Unit (CPHU) for the period ending September 30, 1987 is submitted. This report is made up of the following sub -reports produced by the CPHU Con- tract Management System: 1. DE140L1 - "CPHU Contract Management Report" which compares the actual services and expenditures with the contract plan for.the second quarter of the contract; 2. DE235L1 - "Analysis of Fund Equities" which shows revenue for the re- port period by source and the balance in the CPHU trust fund; 3. DE25OLl - "Statement of Budget and Actual Expenditures Per Revenue Contribution Ratio": 4. "CPHU Program Service Area Variance Report" which explains variance in actual expenditures for the report period which are greater or less than 25 percent of the planned expenditure levels. Bernard D. Berman, M. D. Director ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously accepted the yearly report on the IRC Public Health Unit for the period ending 9130/87. 0 81987 17 moK 70 DGUE 264 DEC 1997 Boa 70 26 L. Proclamation - Drunk & Drugged Driver Awareness Week PROCLAMATION WHEREAS, driving under the influence (DUI) of alcohol or controlled substances contributes significantly to fatalities and injuries each year on Indian River County's highways; and WHEREAS, the State of Florida is providing assistance to local governments in development .of community-based traffic safety programs.with DUI emphasis; and WHEREAS, citizen advocacy groups, such as Mothers Against Drunk Driving (MADD), Students Against Driving Drunk (SADD), Remove Intoxicated Drivers (RID), and Boost Alcohol Consciousness Concerning the Health of University Students (BACCHUS) are increasing their efforts to reduce the incidence of driving under the influence in Florida; and WHEREAS, it is necessary that each citizen becomes more keenly aware of and knowledgeable concerning the problem of driving under the influence and the penalties that are imposed under Florida's DUI law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of December 13-19, 1987, shall be designated as _ DRUNK AND DRUGGED DRIVING AWARENESS WEEK in Indian River County, and all citizens are urged to become -more cognizant of the intoxicated driver problem and to support efforts within the County to reduce the incidence of driving under the influence. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA -i� DON C. SCURIOCK, JR. HAIRMAN Dated this 8th day of December, 1987 18 M. Routine Release of County Utility Liens The Board reviewed memo of County Attorney Vitunac: TO: Board of County Commissioners FROM: Char s V t nac, County Attorney DATE: December 2, 1987 RE: CONSENT AGENDA - BCC MEETING 12/8/87 ROUTINE RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: (1) Partial Release of Lien - Map #15 State Road 60 Sewers/Release 1 ERU Paid by LYNNLEE DEVELOPMENT CORP. Apt. #205 of PINECREEK CONDO V (2) Partial Release of Lien - Map #D-1 State Road 60 Water/Release 1 ERU Paid by LYNNLEE DEVELOPMENT CORP. Apt. #205 of PINECREEK CONDO V (3) Partial Releasgg o Lien - Map #22 State Road 60 WAX /Release 1 ERU Paid by VISTA PROPERTIES Bldg. 32 of VISTA PLANTATION The back-up information for the above is on file in the County Attorney's Office. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized the Chairman to execute standard release of lien forms for the properties listed above. SEC 8 1987 19 BOOK 70 F"GE 266 L: __ LIM, 8 1987 Bou 70 qac 267 State Road 60 SEWER Project Map #15 (52 ERUs Reserved) Release of One ERU Charles S Mary Marshall PARTIAL RELEASE OF EQUIVALENT RESIDENTIAL UNIT WASTEWATER RESERVATION AND ASSESSMENT LIEN FOR AND 1N CONSIDERATION of the sum of $1,358.00 from LYNNLEE DEVELOPMENT CORPORATION, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY hereby releases the property hereinafter described from that certain Certificate of Wastewater Reservation recorded in 0. R. Book 721, Page 917, public records of Indian River County, Florida, and from that certain Special Assessment Roll included in Resolution No. 84-107 recorded in O. R. Book 700, Page 298, public records of Indian River County, Florida, which is more particularly described as: Apartment #205 of PINE CREEK CONDOMINIUM V, according to the Declaration of Condominium, recorded in 0. R. Book 781, Page 2513, of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board this day of December, 1987. State Road 60 WATER Project Map #D-1 (52 ERUs Reserved) Release of One ERU Charles & Mary Marshall BOARD OF COUNTY COMMISSIONERS INDIAN \RIVER COUNTY, FLORIDA By CHAIRMMor PARTIAL RELEASE OF EQUIVALENT RESIDENTIAL UNIT WATER RESERVATION AND ASSESSMENT LIEN FOR AND IN CONSIDERATION of the sum of $1,078.00 from LYNNLEE DEVELOPMENT CORPORATION, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY hereby releases the property hereinafter described from that certain Certificate of Wee"water Reservation recorded in 0. R. Book 700, ' ge 1890, public records of Indian River County, Florida, and from that certain Special Assessment Roll included in Resolution No. 84-47 recorded in 0. R. Book 691, Page 74, public records of Indian River County, Florida, which is more particularly described as: Apartment #205 of PINE CREEK CONDOMINIUM V, according to the Declaration of Condominium, recorded in O. R. Book 781, Page 2513, of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, and at ested and countersigned by the Clerk of such Board this -o day of December, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By.,.�G 20 - - • C I s _I PARTIAL RELEASE OF EQUIVALENT RESIDENTIAL UNIT WASTEWATER RESERVATION AND ASSESSMENT LIEN FOR AND IN CONSIDERATION of the sum of $17,620.50 from VISTA PROPERTIES OF VERO BEACH, INC., the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY hereby releases the property hereinafter described from that certain Certificate of Wastewater Reservation recorded in 0. R. Book 721, Page 938, public records of Indian River County, Florida, and from that certain Special Assessment Roll included in Resolution No. 84-107 recorded in 0. R. Book 700, Page 298, public records of Indian River County, Florida, which is more particularly described as: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXECUTED by the Chairman of the Board of- County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board this day of December, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Zo"Zj IRMAN E X H I B I T " A" Building No. 32 of VISTA PLANTATION, according to the Declaration of Condominium recorded in 0. R. Book 699, Page 1817, Public Records of Indian River County, Florida. N.`Budget Amendment #009_- Golf Course Bridges The Board reviewed memo from OMB Director Baird: TO: Members of the Board of County Commissioners DATE: December 1 1987 SUBJECT: BUDGET AMENDMENT 009 - r `��c�► GOLF COURSE BRIDGES FROM: Joseph A. Baird OMB Director Description of Conditions Golf Course staff would like to modify the traffic patterns on the Golf Course to improve the accessibility of the Clubhouse to the 9th hole. This will require the construction of a golf cart bridge at an estimated cost of approximately $5,000.00. The Golf Course had a $10,0000 higher cash forward balance October 1, 1987 (the beginning of the new fiscal year) than anticipated and staff would like to use some of this money toward the bridge. The attached budget amendment appropriates the funds. g 21 800K IU Far,E_;260 DEC 8 19087 BOOK 70 P' F.269 Commissioner Eggert commented that she is just curious if there is a list of needs that are prioritized and this is at the top of them. Golf Director Komarinetz confirmed that this is a top priority. The bridge is needed for accessibility from the golf course to the restaurant operation. It is a time saving situation and also a money-maker. Commissioner Bird further explained that this bridge would be closer to the Toth tee where we sometimes start players off. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved Budget Amendment #009 transferring funds for the golf course bridge, as follows: TO: Members of the Board of County Commissioners FROM: Joseph A.Baird - CHB Director THROUGH: Account Name SUBJECT: BUDGET AMENDMENT NUMBER: 009 DATE: December 1, 1987 Account Number Increase Decrease Golf Course/Cash FWd�. Oct. 1 418-000-389-040.00 (Golf Course/Construction in APPROVED AGENDA ITEM: FOR: December 8, 1987 (date) BY: 418-221-572-066.51 22 5,000.00 0 5,000.00 0 BUDGET AMENDMENT NUMBER: 009 PAGE 1 OF 1 _I 0. Refinancing SR60 Sewer and Water Bonds The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners DATE: December 1, 1987 N�C�� N �'k�1/ COU 10 SUBJECT: REFINANCING ROUTE 60, SEWER AND ROUTE 60 WATER BONDS FROM: Joseph A. Baird OMB Director Staff is requesting permission to have M. G. Lewis, County Financial Advisor, review alternatives and negotiate with banks to refinance the Route 60 Water Assessment Bonds and the Route 60 Sewer Assessment bonds. Presently these bonds are privately placed with Florida National Bank and the interest rate has been increased to 11 3/4% from 10% due to gross up provisions. The county only has the ability to charge property owners 10%, leaving 1 3/4% which must be absorbed. Outstanding principal balance is $620,000 on the Route 60 Water Assesment and $3,750,575 on the Route 60 Sewer Assessment. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized staff to have M. G. Lewis, County Financial Advisor, review alternatives and negotiate with banks to refinance the Route 60 Water Assessment Bonds and Sewer Assess- ment Bonds. P._Budget Amendment_#004_- Radiological_ Emergency Preparedness The Board reviewed memo of Budget Analyst Miller: DEC � 23 PUCK 70 PAGE270 DEC 8 4987 BOOK 70 Fa,E 271, TO: Members of the Board ,��93031.�`�StS. of County Commissioners ti DFC _� 8 THROUGH: Joseph A. Baird AE.i P� to OMB Director cNnRp V'FO o CO3kM� . 4N�yn, ti DATE: December 1, 1987 SUBJECT: BUDGET AMENDMENT 004 - RADIOLOGI � EMERGENCY PREPAREDNESS - 1988 FROM: Leila Miller Budget Analyst Description of Conditions Given.the close location of the FPL Nuclear Power Plant at Hutchinson Island, it is extremely important that Indian River County be prepared for a nuclear disaster at any time. With this in mind, every year, the Emergency Management Director, on behalf of the county, negotiates an agreement with the State of Florida, Department of Community Affairs, for grant money to be used toward 'Radiological Emergency Preparedness'. Its main goal is to avoid a costly duplication of effort between the DCA and Emergency Management by -fostering a cooperative relationship between the two. As a condition of receiving the funds, the county is responsible for carrying out certain emergency preparedness duties as mandated by lata and to keep a proper accounting of the actual -costs of these duties_, in accounts separate -from other funds. The Radiological Emergency Preparedness Agreement was signed by the Chairman of the Board of County Commissioners on September 22, 1987 with the approval of the Director of Emergency Management, for a 'sum not to exceed $33,088.' A budget amendment is required in order to allocate these funds in the manner prescribed by the Department of Community Affairs: Account Title Revenue: - General Fund -Disaster Preparedness nse: General Fund -Emergency Management Plan Maintenance: Salaries & Fringe Benefits Travel Supplies Equipment Maintenance Training: Account Number Increase Decrease 001-000-334-291.00 33,088 0 001-208-525-037.21 9,393 0 001-208-525-037.22 1,000 0 001-208-525-037.23 1,300 0 001-208-525-037.24 600 0 Instructor 001-208-525-037.31 800 0 Travel 001-208-525-037.32 35 0 Supplies 001-208-525-037.33 400 0 Emergency Response Personnel 001-208-525-037.34 7,000 0 Exercises: Contractor Travel Supplies Telephone Washdown Equipment 001-208-525-037.41 10,000 0 001-208-525-037.42 300 0 001-208-525-037.43 500 0 001-208-525-037.44 100 0 001-208-525-037.46 350 0 24 Lighting: Reception Center 001-208-525-037.51 700 0 Communications: 001-208-525-037.61 360 0 Radiological Instruments: 001-208-525-037.76 250 0 $33,088 0 Recommendation Staff recommends that the Board of County Commissioners adopt the budget amendment as written. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board approved the above budget amendment allocating grant monies to be used towards "Radiological Emergency Preparedness." Q. Budget Amendment #005 - Emergency Medical Services County Awaro 6rants_Progr'am The Board reviewed memo of Budget Analyst Miller: e„ i TO: Members of the Board RFCy ��! of County Commissioners i 0, ss000 iFOf �ti THROUGH: Joseph A. Baird C r'p iON OMB Director 91��,��' DATE: December 1, 1987 SUBJECT: BUDGET AMENDMENT 005 - EMERGENCY MEDICAL SERVICES COUNTY AWARD GRANTS PROGRAM FROM: Leila Miller Budget Analyst Api Description of Conditions In a letter dated November 5, 1987, the State of Florida Department of Health and Rehabilitative Services awarded Indian River County a grant in the amount of $41,349.55. This grant was issued for the purpose of "(1) improving the existing quality of the pre -hospital emergency services (EMS), activities, services, or having a positive impact on patient mortality and morbidity, and (2) expanding the extent, size or number of existing pre -hospital EMS activities or services of special importance in the state contract are the .provisions that these funds not be used to supplant or replace any other funds, or be used to fulfill any matching grant program requirements. Further, the provider (the county) is to designate a separate account into which the county award funds are to be deposited, maintained and accounted for. With this last statement in mind, a budget amendment is needed to increase the revenue side of the general fund for the grant and to increase the expense side for its designated use - the purchase of other machinery and equipment. 25 BOOK GE 272 DEC 8 1987 BOOK 70 F',v UE 273 -' Revenue Account Title Account Number Increase Decrease General Fund 001-000-334-291.00 41,350 0 General Fund* 001-107-526-066.49 41,350 0 *(Ambulance Service - Other Equipment) Recommendation A resolution dated August 18, 1987 authorized the Chairman of the Board of County Commissioners to sign an application for funding of emergency medical services awards to be submited to the State of Florida Department of Health and Rehabilitative Services. Staff recommends that the Board of County Commissioners approve the Budget Amendment, which is merely an accounting of funds that have already been approved by the Board. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board approved the above budget amendment accounting for funds received under the Emergency Medical Services Award Grants Program as recommended by staff. R. Budget Amendment #006 - Transformer The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners DATE: December 1, 1987 O�c SUBJECT: BUDGET AMENDMENT 006 - N 00, y~ � TRANSFORMER 00, TRANSFORMER FROM: Joseph A. Baird Oc�B oy� OMB Director Description of Conditions In June 1986 a bid was awarded to Paragon Electric for the replacement of a transformer at the County Administration Building. The project was funded in the 1986/87 budget year, but due to delays in the delivery of a critical part the work was not completed until the 1987/88 budget year. The attached budget amendment appropriates funds to the correct account: Recommendation Staff recommends that the Board of County Commissioners adopt this budget amendment as written. s 26 Tv: Members of the Board of County .Commissioners FROM: Joseph A. Baird - DMB Director THROUGH: Entry Number REVENUE: EXPENSE: Name I Account GF/Cash Forward rt.+/n,,;7A;r.r./(lllwr Mae -hint --Tv SUBJECT: BUDGET AMENDMENT TRANSFURMER NUMBER: 006 DATE:. December 1, 1987 Increase .I Decrease 001-000-389-040.00 I 24,750 -220-519-066.39 24,750 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the above budget amendment as recommended by staff. S._ Budget_ Amendment #007 - Computer for Planning Dept. The Board reviewed memo of Budget Analyst Miller: TO: Members of the Board Lyjuv" I c3 of County Commissioners �o of '4 S, THROUGH: Joseph A. Bairat��►�,�� OMB Director �/ M N 0p � D / ^ DATE: December 1, 1987 N ss��MY SUBJECT: BUDGET AMENDMENT 007 - 8�LtM5�'� COMPUTER FOR PLANNING FROM: Leila Miller Budget Analyst Description of Conditions The Board of County Commissioners approved the purchase of a .computer for Planning in the 1986/87 budget year. A purchase order was drawn up and the computer was ordered but it did not arrive until the 1987/88 budget year. *A budget amendment is required to allocate funds to the appropriate accounts (see following page). Recommendation Staff recommends that the Board of County Commissioners adopt the budget amendment as written. , N�. 27 BOOK 70 PnUE 274 0 , I 0E G :987 BOOK 70 ,m,jE2j5 TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners COMPUTER FOR PLANNING FROM: Leila Miller - Budget Analyst NUMBER: 007 THROUGH: Joseph A. Baird - OMB Director DATE: December 1, 1987 Entry Nun ber Fund/Department/Account Name Account.Nunber Increase Decrease REVENUE: 1. MSTU - Cash Forward 004-000-389.-004.00 4,544' 0 EXPENSE: 1. MSTU/Planning/Office Furniture 004-205-515-066.41 4,544 0 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the above budget amendment as recommended by staff. T. Budget Amendment #008 - Addtl. Furniture for Sheriff's Admin. Bu Taing --- - - The Board reviewed memo of the OMB Director: TO: Members of the Board of County Commissioners, a293031 DATE: December -1, 1987 SUBJECT: BUDGET AMENDMENT 008.- 'To 08-TO PURCHASE ADDITIONAL N G J FURNITURE FOR SHERIFF'Q� ADMINISTRATION BUILDING FROM: Joseph A. Bair OMB Director Description of Conditions The Sheriff's Department has reviewed their list of furniture and equipment and feels that additional furniture still needs to be purchased. The following is a list of the proposed purchases: Description Bookcase 48" Bookcase -,72" Sec. Desk-Wood/Right Return w/Slide File Cabinet - 4 drawer w/lock File Cabinet - 2 drawer w/lock Secretarial Desk Side Chair w/arms 28 Estimated Quantity Cost Total 16 129.00 2,064.00 3 164.00 492.00 1 .445.00 445.00 4 156.50 626.00 1 112.00 112.00 2 426.00 852.00 16- 145.00 2,320.00 Swivel Arm Chair -Low Back 1 - 200.00 200.00 Library Unit - Computer Rack 1 244.00 244.00 Top for Library Unit 1 50.00 50:00- Desk Rack for Computer Printer 2 67:00 134.00 Tape -Library Unit (Model 3885-24) 1 412.00 412.00 Tape -Library Unit (Model 3880-24) 1 306.00 306.00 Open Shelf Cabinet 1 200.00 200.00 Supplies Cabinet (Computer Room) 1 534.00 534.00 Typing Stand 4 65.00 260.00 Paper Shredder 1 1,200.00 1,200.00 VHS Library Storage System 2 418.00 836.00 Printer Stand 1 130.00 130.00 Terminal 1' -140.00 --140.00 Executive -La -z -boy 1 383.00 383.00 Side Chair 2 220.00 440.00 Sofa 1 788.00 788.00 End Table - Walnut 2 210.00 420.00 Executive Chair - Oak 1 383.00 383.00 Side Chair - Oak 4 185.00 740.00 End Tables 2 115.00 230.00 Secretary Chair 1 268.00 268.00- Side Chair 4 185.00 740.00 Lateral File 1 280.00 280.00 End Tables 2 210.00 420.00 33 Drawer Cabinet 3 335.00 1,005.00 File Cabinet - 4 drawer (sand) 2 320.00 640.00 Secretarial Console Chairs 4 139.00 556.00 $18,850.00 The contingency blance as of November 19, 1987 was $140,384. To facilitate the purchase of the above furniture funds will have to be transferred from the contingencies in the Sheriff's Building Capital -Project fund. TGA: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners _ FROM: Joseph A. Baird - OMB Director THROUGH: NUMBER: 008 DATE: December 1, 1987 Name I Account Nimiber Revenue: Sheriff Admin. Bldg/Contingenc' s 301-199-581-099.c, 0 18.850 Furniture, Fixtures & Equip.1 301-132-521-066.411 18,850 I 0 Commissioner Bird noted that he was just curious whether these prices came from the State Bid list or vendors or where. OMB Director Baird advised that the Sheriff's Department used the same vendors that we originally had price out the list last year when we had a big order, $100,000 or so. They shopped 29 Boor 70 PnE 276 DEC 8 1987 J Fr AMOK 70 P,i ;E 277 these items around, but Director Baird believed they used the same vendor and the same quantity prices. Sheriff Dobeck confirmed that they used exactly the same vendors and these were the same prices that were paid a year ago. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the above budget amendment as recommended by staff. U.- Budget _Amendmt #010 - Telephone Lines - Sheriff's Admin. Bldg. The Board reviewed memo of Budget Analyst Miller: TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird ,�93031i? OMB Director DATE: December 1, 1987 F�" T: BUDGET AMENDMENT 010 - cin �9� ? SUBJECT: TELEPHONE LINES - SHERIFF ��Malll ADMINISTRATION BUILDING FROM: Leila Miller Budget Analyst Description of Conditions The Sheriff is requesting additional telephone lines for the Sheriff's Administration Building. The CORAL telephone system, installed by -Southern Bell, arranges these extensions on cards. The Sheriff feels that three additional cards are needed. Southern Bell has quoted a price of approximately $3,375 for each card for a total of $10,125. However, if the cards are purchased .prior to final acceptance of the telephone system, the County can receive a discounted price of approximately $2,700, a savings of $675 per card, or $2,025 for all three. Recommendation - Staff recommends that the Board of County Commissioners take advantage of the discount price of $2,700 per card, or $8,100 for all three, funding to come from the Sheriff's Building Contingency fund. 30 0 TO: Members of the Board - of County Commissioners FROM: Joseph A. Baird, OMB Director THROUGH: a SUBJECT: BUDGET AMENDMENT NUMBER: 010 DATE: December 1, 1987 Name I Account Number REVENUE: Sheirff Bldg./Contingencies 301-132-581-099.91 Increase .I Decrease 0 8,100 EXPENSE: Sheriff Bldg./Construction in 301-132-521-066.51 8,100 0 Progress Explanation: Three (3) telephone cards to be purchased for Sheriff's Administration Buidling. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the above budget amendment as recommended by staff. V. Bid #377 - Sludge.Removal' The Board reviewed memo.of Budget Analyst Miller: TO: Members of the Board of County Commissioners. 7 •C i THROUGH: Joseph A. Baird CV12 RFCi OMB Director `1'„ Cp9p FO�i DATE: December 1, 1987 SUBJECT: INDIAN RIVER COUNTY -BID # 377 �19! 91-Y " SLUDGE REMOVAL FROM: Leila Miller Budget Analysv,41/ Description of Conditions On November 4, 1987 at 2:00 p.m., bids were publicly opened for Indian River County Bid # 377 - Sludge -Removal. The base bid asked potential contractors to provide their best price for the job of pumping and hauling sludge from the site of the county's four 31 BOOK 70 PAGE.278 r DEG BOOK 70 FAH M wastewater treatment plants (Vista Gardens, Vista Royale, Gifford and West Regional) to a disposal site furnished by the contractor and approved.by the Department of Environmental Regulation. An alternate bid asked the haulers to consider their price for pumping and hauling sludge from the wastewater plants to the county's landfill site. Specifications.were advertised three times in the Vero Beach Press Journal and copies were sent to the four companies who requested them. Three companies submitted bids; the results are provided in the bid tabulation following this agenda item. Recommendations and Funding Results of the bid tabulation indicate that Florida Sludge is the lowest bidder on the base bid (from wastewater plant to hauler's site) at a unit price of $12.00/1,000 from each location. Further, Florida Sludge is the only company that bid on the alternative proposal (from wastewater plant to County landfill). Staff recommends that Florida Sludge be considered for the work of Sludge Removal, funding to come from the Utility Department's 1987/88 budget. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously awarded Bid #377 to the lowest bidder on the base bid, Florida Sludge, at a price of $12.00/1,000 as set out in the following Bid Tabulation: -.QOA�ig1t 4 COMMISSIONERS 1840 t Street 6� i�le��t:c lorida 32960 --- "SMOTAMLATION _ \V BID NO. IRC # 377 DATE OF OPENING 11-04-87 BID TITLE Sludge Removal ITEM ` NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE l Bast Bia 1,00C.) From Vista Royale WWTP to Hauler's Site LL From Vista Gardesn WWTP to I a 160 F rM Gifford WWTP to " " a c a do % ra 24 Alternate Bid o Frcm Vista Rovale WWTP to Landfill Si eDDL Pa Fran Vista Gardens WWTP to "It 1-46 From Gifford W4TP to I From LJ R " " 32. _I W. Bid #379, Annual Traffic Striping The Board reviewed memo of Budget Analyst Miller: TO: Members of the Board of County Commissioners - %Z9 THROUGH: Joseph A. Baird ti OMB Director Michael L. Orr Traffic Engineer0 DATE: December 1, 1987 SUBJECT: INDIAN RIVER COUNTY BID # 379 ANNUAL BID TRAFF C STRIPING FROM: Leila Miller Budget Analyst Description of Conditions Seven (7) companies responded to the Traffic Striping bid, which .was opened Wednesday, November 18, 1987. Three types of painting jobs were considered: solid traffic stripe with 4 inch white edgeline, solid traffic strip with 4 inch centerline and skip traffic stripe with 4 inch yellow centerline. The bid tabulation following this Agenda item indicates the results of bid # 379. Recommendation Bid # 379 was evaluated on the basis of which company could offer the lowest overall total for all three jobs. Coastal Striping, at $22,179.60, barely edged out Premium Striping at $22,440.32. Staff recommends that the bid be awarded to Coastal Striping. Funding.has already been approved and provided for in the 1987/88 Traffic Engineering Budget under account 111-245-541-035.35. Bid Data Indian River County Bid #,379 was advertised November 4, 9 and 13, 1987. Bids were received Wednesday, November 18, 1987 at 2:00 p.m. - ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously awarded Bid #379 to Coastal Striping as the lowest bidder on the overall total at $22,179.60, per the following Bid Tabulation: 33 BOOK 30 urF 280 1 BOARD OF COUNTY COMMISSIONERS 1840 25th Street I Vero Beach. Florida 32960 , BID TABULATION BID NO. DATE OF OPENING IRC # 37111-18-87-2:00 BID TITLE TRAFFIC STRIPING ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. 710-4 Solid Traffic Stripe 4" White Ed line - 457,000 LF Gv F, 7 qX IGS w 3CS0 w 3. 710-1 Skip Traffic Stripe - 9u3o w 40616 w `f LIS v, »dy w 4 ads o 0� 3� 6& 354tH 4 , 2&vgo • YL ss3rs 6a In 00 LO X. Certificate of Acceptance on Sheriff's Traffic Service Program The Board reviewed letter from the Dept. of Community Affairs: STATE OF FLORIDA\,��v'`r��c�Z��`o�, DEPARTMENT OF COMMUNITY AFFAIR S aril:. 2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ THOMAS G. PELHAM Gwernar _ -- Secretary November -25, 1987 - The Honorable Don C. Scurlock Chairman, Indian River County Board of Commissioners 1840 25th Street Vero Beach, Florida 32960 Re: Indian River County Sheriff's Traffic Service Program/Project Number 88-04-R--315-05 Dear Mr. Scurlock: The Department of Community Affairs, through the Bureau of Public Safety Management, is pleased to. award a highway safety, grant in the amount of $166,888.00 to your agency. The purpose of this grant is to provide the necessary capital outlay for the establishment of an eight (8) officer traffic enforcement unit within the Indian River County Sheriff's Department. A copy of the approved subgrant application with the above referenced project number and title is enclosed for your file. All correspondence with the Bureau of Public Safety Management should always -refer to the project number and title. Your attention is directed to Part IV of the subgrant entitled the "Acceptance and Agreement." These conditions should = be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the subgrant is December 1, 1987 and only those costs incurred on or after that date are eli- gible for reimbursement. The attached Certificate of Acceptance should be completed and returned to the Bureau within fifteen (15) calendar days from date of receipt by the subgrantee. This certificate constitutes official acceptance of the award and must be received by the Bureau prior to the reimbursement of any project expenditures. We look forward to working with you on this project. If we can be of -further assistance, please contact Mr. Jim Golden at 904/488:-5455 who will be coordinating this activity. Sinc rely, Earl H.'Parmer, Director 'Division of Housing and Community Development 35 BOOK 70 rm L 299. DEC f D E ' .8 1987 Boor 70 Fm;F 283 Commissioner Eggert noted that something was in there saying the Sheriff had signed off and they discussed conditions, and she was curious what the conditions were since they were not listed. Chairman Scurlock advised there were a number of conditions, one of which wa$ the delivery date; he believed one of the keys was the actual ordering date of these vehicles. Commissioner Eggert reviewed a copy of the grant which was supplied to her. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the Chairman to sign the Certificate of Acceptance on the Sheriff's Traffic Service Program. BUREAU OF PUBLIC SAFETY MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 88-04-R-315-05 in the amount of $ 166,888 , for a project entitled Indian River County Sheriff's Traffic Service for the period of 12/01/87 through 09/30/88 , in accordance with the statement of work contained in the•subgrant application, and subject to the Bureau of Public Safety Management's conditions of agreement and special conditions governing this subgrant. (S gnature of Author 'z d Official) Don C. Scurlock, Jr., Chairman (Typed Name and Title of Official) 36 December 8, 1987 (Date of Acceptance) _I Y. Out -of -County Travel- Welfare_ Director_ Joyce_ Johnston ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized out -of -County travel for Welfare Director Joyce Johnston to attend a meeting of the Social Services Policy Committee in Orlando on December 14, 1987, in place of Commissioner Eggert. EMERGENCY ITEM - LANDSCAPE DESIGN FOR SANDRIDGE GOLF COURSE Director Komarinetz reviewed the following: `% .4 - -"6 CFn 19$7 lqp• R GGMMLW0$67S , TO: Members of'the Board of County.Commissioners DATE: December 3, 1987 SUBJECT: REQUST FOR PROPOSALS FOR LANDSCAPE DESIGN FOR SANDRIDGE GOLF COURSE - RFP # 87-05 FROM: Bob Komarinetz Dirctor of Gol Description of Conditions The request for proposals for the Landscape Design for Sandridge - Golf Course were broken down in the +following parts: PART A. ENTRANCE AND ROADWAY The Sandridge Golf Course entrance road from its intersection with Kings Highway to its terminus at the Clubhouse parking lot. Services Required: • Design of entrance and sign including landscaping plan; • Landscaping along entrance roaday; Specification development and quantity estimates for all plants/vegetation. PART B. CLUBHOUSE, CART STORAGE BUILDING AND PARKING LOT Grounds immediately surrounding clubhouse and cart storage building and parking lot planting areas including buffer areas surrounding parking lot. Also, that portion of the property between the entrance road and; No. 1 Tee, No. 9 Green as well as between the entrance road and the driving range. 37 BOOK 7® F'r1�E�Q4 BOOK 70 F'A'GE 28-5 Prepare landscaping plan together with lists of vegetation types and other materials, quantities and estimated acquisition costs. Provide an estimate of total man-hours required for installation. Develop specifications and quantity estimates for all plants and vegetation. PART C. GOLF COURSE Holes 1-18 of Sandridge Golf Course including rough areas and wooded areas abutting and between holes as well as property boundaries. (1) Prepare a master landscaping plan together with lists of vegetation types and other materials, quantities and estimated acquisition costs. Provide an estimate of total man-hours required for installation. Supervise planting. (2) Inspect course monthly and provide such technical adivse as is necessary to insure survival and growth of vegetation installed pursuant to C.(1) above. This work to be provided pursuant to an annual retainer. The proposals were opened at 2:00 p.m. on Wednesday, September 30, 1987 in the first floor conference room. Firms that submited proposals are as follows; PART A PART B PART C(1) PART C(2) ENTRANCE & CLUBHOUSE, GOLF COURSE ANNUAL ROADWAY CART STRG. MASTER RETAINER PARKING LOT PLAN 'DOTAL I. J. Montalto $1,440 $1,760 $17,235 $4,000 $24,43 2. Mr. Parker Ranspach $30185 $3,625 $ 3,585 $3,400 $13,98 3. Herbert/Halback, Inc. $10,795 $11,330 $8,930 $5,400 $36,45 Funding Funds were appropriated in account number 418-221-572-033.19, Other_Professional Services, in the amount of $7,200. Recommendation Staff is recommending that at this time we proceed only with Part A of the landscape proposal for Sandridge Golf Club and that it be awarded to the low bidder, Joseph Monalto, Certified Landscape Architect, in the amount of $1,440. The remaining parts of the proposal be re -bid at a later date. 38 � � r Commissioner Eggert noted that her only question was whether it is intended to do the whole thing, because if so, there is a big discrepancy in price. Mr. Komarinetz stated that right now we can only afford to do the front entrance. The rest will have to wait until we see how the golf course goes through the season. Commissioner Bird explained that if we can get the plan done so we know what we want it to look like and what we need to make it look like that; then we can work on it whenever we can in-house and through donations, etc. Commissioner Eggert reiterated that her main concern was the big discrepancy in price if we were looking to get the whole plan done, including the golf course, and Director Komarinetz assured her that when it is decided to do the other projects, they will rebid the whole thing. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously authorized proceeding with Part A of the landscape proposal and awarded it to the low bidder, Joseph Montalto, in the amount of $1,440, as recommended by staff. PUBLIC HEARING - LONE PALM PARK SUBDV. (27TH -AVE. WATER MAIN EXTENSION FROM 14TH ST, to 12TH ST.) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 39 ROGK 70 P,1;F 286 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at.Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being e ,n the matter of dmu in the Court, was pub- lished in said newspaper in the issues of Q's 101 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. �h Q - Sworn to and subscribed beWe mp}this „ day of V - A.D. 19 11 (SEAL) kPiusiljess Manager) i l i (Clerk of the Circuit Court, Indian River County, Florida) Staff recommendation is as follows: 40 BOOK 70 F",E,2S7 PUBLIC NOTICE PLEASE TAKE NOTICE that the Board of County Commissioners of Indian River County, Florida, Willi hold a public hearing at 9:05 A.M: on Tues- day, December 8, 1987, in the Commission Chambers located at 1840 25th Street, Vero Beach, Florida, to consider adoption of the 1`01 - [owing proposed resolution: RESOLUTION NO. 87-' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. PROVIDING FOR CERTAIN WATER IMPROVE- MENTS IN THE LONE PALM PARK SUB- DIVISION, PROVIDING THE. TOTAL ESTIMATED COST. METHOD OF PAY- MEh1T OR ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF AREA SPECIFICALLY SERVED t.' PLEASE TAKE FURTHER NOTICE that, at the same public hearing, the Board of County Com - shall aiso.hear all Interested persons regarding the proposed ASSESSMENT ROLL -for the improvements described in thel - rGSOIU tion. The Preliminary Assessment Rol rently on file with the County's Division of Utility Services and Is- available for Inspection between the hours of 830 A.M. and 5:30 P.M.. Monday through Friday. 'appeal any decision made If a person decides to by the Commission with respect to any matter considered at this hearing, that person will need a record of the proceedings and, for such pur- poses, he or she may need inensure made, which batlm reca ver- ord of the proceeQ 9 d evidence record includes the testimony be � an upon which the appeal I BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA DON C. SCURLOCK, JR.. CHAIRMAN .November 25. 198T DEC TO: BOARD OF COUNTY COMMISSION THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY RVICES FROM: JOHN F. LANAt-t- ENVIRONMENTAIYSPECIALIST DIVISION OF UTILITY SERVICES DATE: NOVEMBER 5, 1987 SUBJECT: LONE PALM PARK SUBDIVISION - CITY OF VERO BEACH 27TH AVENUE WATER MAIN EXTENSION FROM 14TH STREET TO 12TH STREET BACKGROUND Pursuant to the agreement between the City of Vero Beach and Indian River County, the City of Vero Beach will provide water service to the 27th Avenue area from 14th Street to 12th Street. The detailed construction plans have been reviewed and approved by the City of Vero Beach.- The Division of Utility Services has agreed. to act as the_ collection agency for.assessment fees for this project, subject to ' approval, by the Board of County Commissioners. The area in question, 27th Avenue from 14th Street to 12th Street, is outside the city limits and is inside the County's jurisdictional boundaries. The total estimated cost of the project is $75,549.98, as prepared by the engineering firm of Lloyd & Associates, Inc. ANALYSIS The project has been bid out and the winning bid for construction was $54,500.00. The estimated cost for construction was $57,404.50_. The Board of County Commissioners has previously approved the agreement between the City of Vero Beach and the.County that delineates this area to be served by the City. RECOMMENDATION The Division of Utility Services recommends that the Board of County Commissioners authorize the collection of monies for the project and- approve the Preliminary Assessment Roll, with any changes that may be required as a result of the public hearing. Chairman Scurlock noted that he has received quite a few phone calls in regard to this matter, considerable mail has been received also, and he would like to give a brief explanation before going into the public hearing. This area is a little unique in that, although it is in the unincorporated area, it is served by the City of Vero Beach. Some people in this area had difficulty with their wells and sought relief, and as the process started, there was a desire in the first couple of blocks for service. We had to work with the City on this; they wanted to extend the program further; and at that point more property 141 4, Bou 70 FA6 4,00 DEC 1987 BOOK 7 became involved and there was a more significant impact. Our programs have been very voluntary in nature, and there never has been any intent to require anyone to have service who doesn't need it. The Chairman realized this matter is of great concern to quite a few, and he believed staff recommendation is a bit misleading. He asked that Utilities Director Pinto clarify it. Utilities Director Pinto confirmed that this is an area in the service of Vero Beach, and normally we would have no input at all. In this case, however, since the property is in the unincorporated area, we are required to place the assessment against the property and then transfer it to the City to pay for the system. He advised that he and Attorney Vitunac met with City Manager Little, who apparently had not been aware that there were some in the proposed area who were not in favor of the water system. Upon learning of that, Mr. Little recommended we go back and reestablish the project to only the area where the majority of the residents want the water and leave the other part for a future date. Staff, therefore, now is recommending redoing the assessment and will work with the City to redefine the boundaries to include only the area where the majority are in favor of the project, which basically is the first two blocks. Chairman Scurlock believed the key to the situation is that we will go back through the process and eliminate the areas that do not have an interest, but he emphasized that the people still will have an opportunity to come and voice their opinion. Commissioner Eggert brought up the requirement for the assessment to be paid over five years and wondered if that is sufficient time or if there is any possibility of going to 8 or 10 years. Director Pinto noted that when we look beyond 5 years, it generally means we have to go out and borrow money and that could add to our costs substantially. Chairman Scurlock pointed out that generally you can go to the bank and get a better interest rate than the county offers 42 � � r because we are not in the finance business, but some people are simply unable to get loans and there are some health problems that must be dealt with so we need to help them get relief. We started at 3 years and now have expanded it to 5, and possibly through the special assessment may be talking about an approach that can go to 10 years. Commissioner Wheeler wished it made clear that staff's recommendation now is to turn this down and start all over, and that was confirmed. The Chairman asked if anyone present wished to be'heard. Ray Snow, Pastor of The First Church of the Nazarene, wished to commend the Board on their good judgment on this matter. He stated that the church does oppose the proposal as far as they are concerned and their immediate neighbors, but they are sympathetic with those who need the water. Charles Haas, 1275 27th Ave., would like to suggest for future hearings that the communication be opened up a little bit between the Commission and the land owners. He noted that those at the first meeting were a bit upset because it was presented as if they had to do this and had to pay the assessment. It was very confusing. Chairman Scurlock assured him that we will look into the lines of communication. it was determined that no one further wished to be heard, and the Chairman thereupon declared the public hearing closed. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the new staff recommendation, which is to turn down the proposed project,.go back and redefine the area as discussed, and start all over. 43 Bou 70 FA' E 290 BOOK TRANSFER OWNERSHIP OF JONES INTERCABLE FRANCHISE 70 F -a F 291 The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of in the Court, was pub- Iished in said newspaper in the issues of � `A .? Aff 7 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 �hi3wg�L�� - — off/ _L n siness Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) 4X: NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners Of Commission�Chambers, . will hold a public hearing Indian Administration Building. .1840 25th th. County Street, Vero Beach, FL 32960. on Tuesday, the 8th day of December, 1987. at 9:05 a.m.. to consider the request of consenting to the transfer and proposed changes of a Cable Television Franchise Nom Cable TV fund VIII -A, Jones Intercable. Inc., General Partner, to Fal - Mn -Cable Media. L.P.. a C neWaUfomia Limited Part- ip, or one of� affiliates.ard. All interested h of November. 1987. Dated this 28th day BOARD OF C INDIAN RIVERCOUNT , FLO IDOANERS Don C. Scurlock, Jr„ Chairman Nov. 28,1987: Attorney Vitunac referred to the following memos from Franchise Manager Abernethy and confirmed that the cable company has requested that the hearing be postponed and tabled until further notice: 44 DATE: DECEMBER 7, 1987 TO: CHARLES P. BALCZUN COUNTY- ADMINISTRATOR THRU: BOARD OF COUNTY COMMISSIONERS VIA: TERRANCE G. PINTO DIRECTOR OF UTILITY.S R S FROM: LISA M. ABERNETHY,Q„4 FRANCHISE MANAGE SUBJECT: TRANSFER OF OWNERSHIP OF THE JONES INTERCABLE FRANCHISE TO FALCON CABLE MEDIA On Friday, December 4, 1987, we received a telephone call from Ken Vickers, Manager of Jones Intercable, and he requested that the scheduled public hearing on Tuesday, December 8th be tabled and rescheduled at a later date. • This Department will reschedule the public hearing in the near future. Should you have any questions, please contact this office at extension 465. DATE: NOVEMBER 13, 1987 TO: BOARD OF COUNTY COMMIS S THRU: - TERRANCE G. PINTO DIRECTOR OF UTILITS FROM: LISA M. ABERNETHY ��//�� FRANCHISE MANAGE;a SUBJECT: APPLICATION FOR TRANSFER OF OWNERSHIP AND ASSIGNMENT OF FRANCHISE FROM JONES INTERCABLE, INC., TO FALCON CABLE MEDIA Due to recent conflicting telephone conversations between the County Attorney and the Attorney representing Falcon Cable -Media, we request that the transfer and assignment of franchise be tabled. During a meeting with Mr Ken Vickers, Terrance Pinto, -Charles Vitunac, and myself it was agreed that the franchise fee be increased to 5%; however after Mr. Vitunac's telephone conversation on Thursday, Falcon Cable now does not agree to increase the franchise fee. We believe through the police of power authority outlined -in the Cable Ordinance 82-7, Section 15, that we can increase the franchise fee - and in recent talks with Municon, a cable consulting firm, we have_ reason to believe that there are important issues to be included in the transfer. Therefore, we recommend that the Board allow us to hire Municon and assist Mr. Vitunac and staff review the Cable Act, Ordinance 82-7 and Falcon Cable Media in depth prior to the issuance or transfer of franchise and to discuss the legalities of increasing the franchise fees. 45 BOOK 7® F,{GE 292 DEC 8 1987 I QBE G: 8 198T r� BOOK 70 pii v 2,93 Utilities Director Pinto believed that when this matter was tabled from the previous meeting, there was some confusion and the hearing was automatically transferred on to this meeting. Staff does not feel there should be any action until this can be looked into further. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously tabled action on the above proposed transfer until further notice. TRANSFER OF OWNERSHIP 6 ASSIGNMENT OF FRANCHISE FROM SOUTHEAST WATER AND SEWER COMPANY TO 1400 DEVELOPMENT CORPORATION The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of NOTICE OPUBLICHEARINGd of County Notice is hereby given that vAll hold aopublicc hearing inof nthe Commission dian River Chambers, Indian River County Administration Building, in the _ Court, was pub- 1640 25th street. Vero Beach, FL 32860, on Tuesday, I.M.-to omconside the Oth tlthe request of lDecember, f consenting at to lished in said newspaper in the issues of `� d d the assignment and transfer from Southeast ,r-- Water and Sewer Company, to 1400 Develop- ment Corporation. All Interested parties whl be heard. Dated this 16th day of November, 1887 IN INDIAN RIVER COUNTY, FLORIDA ERS I Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Don C. Scurlock, Jr., Chairman. Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore Nov. 18,1987 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 7re this day of �. 19 rPP;Z ;iF1_F 1 197 OC • siness Manager) (Clerk of the Circuit Court, Urdian River County, Florida) (SEAL) 46 Franchise Manager Lisa Abernethy reviewed the following: DATE: NOVEMBER 10, 1987 TO: BOARD OF COUNTY COMMISSIONERS THRU: TERRANCE G. PIN i DIRECTOR OF UTILIT ERVICES c FROM: LISA M. ABERNETHY FRANCHISE MANAGER SUBJECT: TRANSFER OF OWNERSHIP AND ASSIGNMENT OF FRANCHISE FROM SOUTHEAST WATER AND SEWER COMPANY TO 1400 DEVELOPMENT CORPORATION BACKGROUND Southeast. Water and Sewer Company, also known as Grove Isle Development Corporation, recently submitted application and review fee, as required by Resolution 85-67,•for the transfer of Ownership of the Southeast Water and Sewer Company franchise to 1400 Development Corporation. Attached hereto are the Company's financial statements, certificate of responsibility, Article of -Incorporation, and Department of Environmental Regulation_ operations permit. XVTAT VCTC - - Staff has reviewed the supporting documents and upon several occasions has met with the representatives for both parties, Sean O'Haire, Esquire and Ms. Saundra Morgan. Staff agrees and accepts the transfer from Southeast Water and Sewer Company to 1400 Development Corporation. RECOMMENDATION The proposed Resolution, accepted by 1400 Development Corporation and attached hereto, will replace Resolution 85-67. This new Resolution will bring the franchise up to current standards which are regulated by the Division of Utility Services Franchise Administration Department. At this time, Staff recommends and requests that the Board of County Commissioners approve the transfer of ownership by authorizing- the Chairman to sign the foregoing Resolution. Mrs. Abernethy advised the Board that Southeast Water and Sewer Company has brought the franchise back into compliance and it now conforms to current standards. Chairman Scurlock wished to know if the Commission agrees with the current franchise that our Utilities Department is -recommending. We have had some controversy lately in this regard,.and he felt it is important at this time for the -Commission to address the franchises themselves and make it clear just what our policy is re the utilities that exist today. All the new franchises require a franchise fee - financial statements an R&R fund - escrow - provision for acquisition - payment of 1DEC .19 7 47 Bou '70 NKUE 294 Flp- DEC 8 1987 n BOOK 70 FAF ?95 impact fees - and if the Board finds any discrepancy with the existing policy, he would like to know that today. Commissioner Eggert stated that as.far as she knew our .policy was to try to remove all the various kinds of package plants and treatment plants that we could and try to bring the county under a unified system for sewer and water. Chairman Scurlock informed the Board that we have had letters from Dr. Fischer and some others that have suggested.that the Utility Department is not operating under the direction of the Board, and he felt it should be made clear this is incorrect. Utilities Director Pinto agreed it is timely that this policy is clarified. He noted that one of the county's concerns is situations such as River's Edge, and unless he is directed differently, we are going to apply as much pressure as we possibly can to prevent that type of situation from happening again. In that particular case, the owner does not even have an agreement; so, we are having a very difficult time handling the situation, but we intend to. He noted that in many cases when the development takes place, the developer comes to the county and is very willing and happy to enter into an agreement with us saying they will remove their plants when the request comes, but then the time comes, and all of a sudden, we are putting undue pressure on them. Director Pinto stressed that in order to provide for the orderly growth of this community, it has been staff's recommendation that we should try to minimize or eliminate package plants in the county as much as we possibly can, and he will proceed in that direction unless the Board specifically directs him differently. Chairman Scurlock asked if that policy is consistent with that of the DER, and Utilities Director confirmed that it is consistent with the DER and with the entire country. Chairman Scurlock stated that there are two areas in the county government that have a heavy impact in a financial way on projects, those obviously being the Planning Department and the 48 Utilities Department because they make big decisions that affect projects, and there will always be pressure on those department by those who say things just aren't right. He, therefore, believed it is very important from time to time for the Commis- sion to make their policy clear. The Utilities Department does not set policy, we do, and he felt it is important for us to set that policy and be firm with it. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board acknowledge we have a policy of trying to remove the extra package plants and proceeding in an orderly fashion toward a countywide sewer and water system. Commissioner Bird believed we have a consistent formula for compensation when we acquire these package plants, and the Chairman confirmed that we do. Commissioner Wheeler felt that is set up in advance when they do the development. He stressed that time and time again we have had situations such as at River's Edge where developers don't care about the public and do not take proper care of their plants, and we end up getting stuck with them. The Chairman called for the question. It was voted on and carried unanimously. The Board then reverted to discussion of the proposed transfer of franchise to 1400 Development Corporation. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously adopted Resolu- tion 87-146 transferring ownership and assignment of franchise from Southeast W8S Co. to 1400 Development Corp. 49 BOOK 70 uoF 12'x.6 DEC 8 1987 Boa 70 uln?97 1 RESOLUTION N0. 87-146 FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND 1400 DEVELOPMENT CORPORATION This Franchise Agreement dated this S:,b day of December , 198, by and between INDIAN RIVER COUNTY, a political subdivision -of the State of Florida, 1840 - 25th Street, Vero Beach, Florida 32960, (305) 567-8000, (hereinafter referred to as "County") and 1400 Develocment Corporation Inc. (hereinafter referred to as "Utility") WITNESSETH:.That for and in consideration of the premises and other good and valuable consideration, it is hereby RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: SECTIONI TITLE This Resolution shall be known and may be cited 'as the Grove Isle SYSTEM FRANCHISE. SECTION II ' SAID RESOLUTION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENT I' RETY . REPORT ON STATUS OF TREATMENT SYSTEM AT RIVER'S EDGE SUBDIVISION Utilities Director Pinto noted that the Board authorized Utilities to proceed with taking ownership of the utility at River's Edge Subdivision, but before we could, we had to have clear title. It has been very difficult to get clear title because there are several liens against it, and we also just learned there is a substantial tax lien against that property. There is a very severe problem in this development to the point 50 where it is jeopardizing the people's health and welfare, and he was not sure if we could do it legally, but what he would like to be able to do is to get permission to go in and make the necessary repairs even though we are not yet the owners. Chairman Scurlock had questions about whether Mr. Keppler owns the internal system and whether there is a possibility we can put in an R.O. plant on a site different than his and then debate the other issues as we go. Director Pinto explained that Mr. Keppler has total ownership of the entire system, and there isn't any property available where you could locate another utility. The cost of supplying adequate service is growing tremendously, and he believed even the distribution system will have to be altered considerably, if not replaced. It will be a financial mess to straighten it out, but he did not feel we have any alternative and possibly we should just assume all the liabilities that are there. County Attorney Vitunac informed the Board that the last total was $14,900 including tax liens, mechanic's liens, Code Enforcement violation, etc. If the county is willing to undertake the financial risks of the taxes, liens, etc., he would recommend that we accepta deed from Mr. Keppler so that we at least have a title subject to all these liens and then try to clear up the title. He did not want to go on Mr. Keppler's property and make these repairs without some title from him. Discussion followed, and the Board agreed some action must be taken to remedy the situation. Attorney Vitunac offered options as follows. Get Mr. Keppler to sign a note and give us title; we then would then have to pay off the liens that were still good and try to collect on the note, but we would try to negotiate everything we could. He believed the City would waive its Code Enforcement violation and - that the attorney for the people who drilled the wells would settle for less. They want $3,300 and a note from Keppler for 51 �#nnp BOOK 7 0 F�.+�,E ,�,,_� DEC 8 1901 DEC 8 N87 Boa 70 PnE 299 the rest and then they will undertake to sue him. Attorney Vitunac stressed that if we wait for good title, the situation will just get worse. ON MOTION by,Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously agreed to accept a deed from Mr. Keppler, even though it is encumbered and authorized staff to proceed as discussed. SPECIAL EXCEPTION APPROVAL - GIFFORD COMMUNITY CENTER The hour of 9:05 o'clock A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: f 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,' , NOTICE OF PUBLIC NEARING - o says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published tic exception approval for a proNoe of hearing to ca pro a granting special ject known as Gif- at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ford Community Center. The subject property Is located at the southeast comer of 49th Street (Lindsay Road), and 43rd Avenue, and Is de- a„THE WEST 310.00 FEET OF THE EAST • 335.00 FEET OF THE SOUTH 281.03 Sol FEET OF THE NORTH 311.03 FEET OF -4—tv in the matter of .-TRACT 9, SECTION 21, TOWNSHIP 32 ” SOUTH,RANGE 39 EAST, INDIAN' - RIVER FARMS COMPANY' SUBDIVI-• SION, AS RECORDED IN PLAT BOOK 2, PAGE 12, ST. LUCIE COUNTY, FLOR- IDA, PUBLIC RECORDS, NOW LYING ".. WITHIN INDIAN RIVER COUNTY, FLOR- ' in the _ Court, was pub- IDA. CONTAINING 2.00 ACRES, which parties ii intermit A public shall a an be head wienbe of lished in said newspaper in the issues of / Countyto hold by the Boarve d 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 Tuesday, Decem- ber 8, 1987 at 9:05 a.m. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at y Anyone who may wish to appeal arty decision which may be made at this meeting will need to Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore ensure that a verbatim record of the proceedings been continuously published in said Indian River County, Florida, each daily and has been in IndiRiver Coun- is made which Includes the testimony and evi- upon which the will be based., denceentered as second class mail matter at the post office in Vero Beach, said an P INDIAN RIVER COUNTY ' ty, Florida, fora period of one year next preceding the first publication of the attached copy of BOARD OF COUNTY COMMISSIONERS advertisement; and affiant further says that he has neither paid nor promised any person, firm C. SCURLOCK, JR. ; or corporation any discount, rebate, commission or refund for the purpose of securing this CHAIDON RMAN Nov.1s 1987 advertisement for publication in the said newspaper. Sworn to and subscribe"eforolme thj0) day of AW44.19 (SEAL) fpi�� r��+, /;`,�i(Business Manager) (Clerk of the Circuit Court, ndian River County, Florida) 52 � s � I TO: The Honorable Members of DATE: November 30, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: SPECIAL EXCEPTION Robert M. Keating,, ICP: SUBJECT: APPROVAL FOR THE GIFFORD Community DevelopmAnt Director COMMUNITY CENTER FROM: Stan Boling 4-a REFERENCES: gifford c/c Chief, Current Development STAN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 8, 1987. PROPOSED DEVELOPMENT: Robert F. Lloyd, on behalf of the Indian River County School Board, has submitted an application for special exception approval (as well as a complete site plan application) for the Gifford Community Center. The Board of County Commissioners is to act upon the special exception approval.request. The proposed center, a community services use providing for adult community and civic activities and meetings, is a special excep- tion use within the single-family residential zoning district (RS -3) in which the facility is to be located. The project is located at the southwest corner of 49th Street (Lindsey Road) and 43rd Avenue. The County is currently in the process of paving 43rd Avenue from 45th Street to 49th Avenue, past the subject site and its proposed entrance on 43rd Avenue. At their regular meeting of November 12, 1987, the Planning and Zoning Commission voted unanimously to recommend that the Board grant the special exception use. The .Commission also voted unanimously to approve the site plan application subject to "the Board's approval of the special exception use. It is the Board's. responsibility to find that the proposal satisfies all general special exception use criteria (appropriate- ness of the use at the proposed location, compatibility with surrounding land uses, impacts on infrastructure and public facilities) prior to approval of the use. ANALYSIS: Special Exception Use There are no specific land use regulations within the zoning code to apply to this type of proposed use. Thus, the general special exception criteria are the only regulations that apply in the consideration of this request. It is staff's opinion that the request satisfies the general special exception use criteria as follows: 1. The use is appropriate for the subject site due to its location within the community to be served and its location at the intersection of two major roadways within the communi- ty, affording convenient access. DE7 53 BOOK 70 of;r300 W�� Boor 70 :301 2. The use is compatible with surrounding residential land uses because the use services residents, being compatible with residential neighborhoods, and is located on a site that is not adjacent to any residential development. 3. The use will not adversely impact infrastructure. County water and wastewater services will be made available to the site with some off-site improvements proposed within the site plan. Road impacts will be adequately handled subject to the paving of 43rd Avenue from 45th.Street to 49th Street. Thus, all applicable special exception use criteria have been satisfied. . Site Plan (included for informational purposes only) 1. Size of Property: 2.00 acres 2. Zoning Classification: RS -3, Residential Single -Family up to 3 units/acre. 3. Land Use Designation: MXD, Mixed Use District 4. Building Area: 6,104 sq. ft. 5. Open Space Required: .40% Provided: 63% 6. Off -Street Parking Required: 41 spaces Provided:. 57 spaces 7. Traffic Circulation: A two-way drive from 43rd Avenue will provide access to the site. Subject to the paving of 43rd Avenue from 45th Street to 49th Street prior to operation of the facility, the Traffic Engineer has approved the traffic circulation design. 8. Utilities: County water and wastewater utilities will serve the site. The Utilities Department has no objection to site plan approval. Pursuant to a requirement by the Environ- mental Health Department, the applicant has agreed to install a grease trap. 9. Improvements and Dedications: Off-site water and wastewater - service improvements will be provided, and 20' of additional 43rd Avenue right-of-way will be dedicated in accordance with the Thoroughfare Plan. 10. Drainage: The County Engineer has issued a -_Type "A" storm - water management permit for development of -the proposed stormwater management system. 11. Landscape Plan: The proposed landscape plan is in confor- mance with Ordinance #84-47. 12. Surrounding Zoning and Land Use: North:. A-1/Vacant South: RS-6/Park East: RS-6/Residential West: RS-6/Park RECOMMENDATION: Staff recommends that the Board of County Commissioners grant special exception approval for the community center. 54 The Chairman asked if anyone present wished to be heard. There were none, and he thereupon declared the public hearing closed. Commissioner Eggert believed it was forgotten at budgettime that we had talked about some operating funds when the Center got going and we should keep that in mind although possibly they will not be needed until next year. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously granted special exception approval for the Gifford Community Center. PROPOSED AMENDMENT TO GRAND HARBOR DEVELOPMENT ORDER The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication 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-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of he& In the - /. / Court, was pub- lished in said newspaper in the issues of LLG7_�l�LL�cy 14 L7�� 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 b re this day o7ze 19 ZZ _ t ABusiness Manager) (SEAL) (Clerk of the Circuit CourtLMdian River County, Florida) INDw+RIVER000NTtf --- NonCE of PUBuC HEARING The Board Of couMv Oommiadarera horn' ghee notice of =11=10= puma hearlire to be kew ffi cies Build - &m on December 8 1 m the Count CM�mleefen Members of rhe Camtr A is consideration ion 01 Ing, located at 1840 25dn Street+ Vero Eeaoh Florida. The subiectof ore dl ,m a h eonalde s Gra of 'ai amendment to the develapmert order for t o Development at Regional Impact known ea trend Harbor. The Petihone m Grad Habor, Ino. pEN %L WON BOUND BY {8TH STREET AND 4'TH STREET ON THE SOUTH. BY THE iNDU1N R OF . NORTH REt.IEF CAN_ EAST OF U.S. HIGHWAY ft1. AND LOCATED SOUTH OF THE ti U � a0 •♦ 11t1 lk. , t �A'ER4 B+CF Is for an amendment to oro development order adopted by are Board or Carty Com- Octobe 23. 1885 as amended February 5. 1988: as emended October 20. 1988. and Its Pertaining to tine requested eq tyt�eAddolame �t am tiilmleggd, mn,9re Indian River County Plan- sir'Doprr� bI the be revlewe0 M members at ng 25th ormaal bbusineess ulna Of the public are Imbed to attend and PanklPata m Me andpursuant hearing. being published at least 15 days Prior to the Public =Commissioners ones W of the Florida Statutes. Is given by to the Indiar that Me Board evellopm Development o1�Rpieml impact known as Graa public hearing for an nd Harbor. to vnl: lop dment would allow the issuance of a limbed number of certificates of occupancy res wdhm the prolsb4 subject to a contract guaranted M Post 1.1988.' com- e developer to CO MD�ng dM required estuarine systemby This notice Treasure coal of Emronme TownheW Orch It t Of dr record of the is based. The Indian Board Nov. I& 1987 55 video to tiro Department of Community Affairs owl Slats emits Of Florida; thn Mann rig Council. St. JOhhe Rice Wets Manage ion; Deparboold of NoMai Resources; State of Florida Department o I Vero Bench; Me town of Indian River Shores. tea Cit of Sebastian. th, FNlemes, and the Counties Brevard and St. Lucie. of to appeal erb deeialon made on the above mann. he/she wilt need to for Such purpoass, he/she need ad to ensure that a verbatir n m made. which includes 1Qand evidence upon which the appei s not worlds prepare BOOK 70 FREE 3:102 I ®,EG 8 1987 BOOK 70 FAA03' 303 Chief Planner Stan Boling reviewed the following memo and went over the history of the project, noting that originally in lieu of bonding out the entire project, it was tied to the issuance of C.O.'s: TO: The Honorable Members of DATE: November 30, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: PROPOSED AMENDMENT TO THE Robert M. Ke ti g, A SUBJECT: GRAND HARBOR DEVELOPMENT Community Development Director ORDER: ISSUANCE OF C.O.'s PRIOR TO COMPLETION OF THE ESTUARINE SYSTEM FROM: Stan Boling X)• &. REFERENCES: GHDO Chief, Current Development STAN2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 8, 1987. DESCRIPTION & CONDITIONS: _ Grand Harbor is a ±854 acre development of regional impact (D.R.I) which is regulated in general by a development order (D:O.), and more specifically by local zoning, site plan, subdivision, and PRD regulations. The adopted D.O. forms the basic conditions to which all development within the site must conform. The original D.O. was adopted by the Board of -County Commissioners --_ and .contained 64 specific conditions of regulation. The history of the D.O. and its amendments is as follows: October 23, 1985: The D.O. is adopted with 64 conditions. February 5, 1986: The D.O. is amended to add special language regarding marina use, manatee protection, and off-site tributory drainage. October 20, 1986: The D.O. is amended to allow the filling of up to 12 acres of non -exempted wetlands, with mitigation. December 9, 1986: The D.O. is amended to include the '176 acre River Club area within the D.R.I. area of development,. and to allow 72 additional sailboat slips in the marina. The project owner, Grand Harbor, Inc., is now requesting another amendment to the D.O. At their regular meeting of November -12, 1987, the Planning and Zoning Commission reviewed the proposed amendment and unanimously recommended that the Board approve the amendment. 56 — M M . Requested Amendment The request proposes to amend conditions #10 and #11 of the D.O. (see attachment #2) to allow for the issuance of a limited number of certificates of occupancy (C.O.'s) prior to actual completion of the approved estuarine system. Currently, the D.O. requires that all of the approved estuarine system be completed prior to the issuance of any C.O.'s for any portion of the project. The proposed amendment would allow C.O.'s for up to 600 dwelling units and a small portion of the Harbor Village, prior to completion of the entire estuarine system, subject to the following: 1. execution of a contract between the developer and the County, committing the developer to complete construction of the entire approved estuarine system by January 1, 1989; and 2. posting of security to guarantee the construction contract. ANALYSIS: The State Department of Community Affairs, Treasure Coast Regional Planning Council (T.C.R.P.C.) staff, and. County staff are in agreement that the proposed amendment would not constitute a substantial deviation, and represents a of amendment. Conditions #10 and #11 are important conditions, recommended by the T.C.R.P.C. and adopted by the County to ensure completion of the estuarine system. T.C.R.P.C. staff acknowledges that having security posted for the completion of the estuarine system is preferable to the existing D.O. restriction, because the posted security would guarantee construction even if the development were to "go under" (see attachment #4). County and T.C.R.P.C. staff agree that the proposal to grant C.0.'s for up to 1/4 of the project, in return for the applicant planting 1/4 of the estuarine system and "bonding -out" for the rest, is reasonable and is a better guarantee of ensuring estuarine system completion. Couhty and T.C.R.P.C. staff have inspected the Grand Harbor site and determined that a portion of the system that has been planted in accordance with the approved plan. Adoption of the proposed amendments will allow the developer to present the Board with a contract to complete construction of the estuarine system along with posted security to guarantee the contract. Upon approval of the contract and posted security, the County can then issue Certificate of Occupancy for the allowed number of dwelling units. RECOMMENDATION: Staff recommends proposed D.O. resolution. that the Board of County Commissioners approve the amendment request, and adopt the attached 57 Boor. 70 F- E 304 rrl 4'v • tic GRAND HARBOR"cc RIVER :. `+,A CLUB r s vr tt� i�•:+ " - •' HARBOR. VILLAGE N Al .i VIM.::v.7—mss'+—�+V�•¢ . 1 D• r 7 ^OFFICEco 'm G '.•! , ,,n s A , �afr , ' • ; > ..•• �J ' • -°tom W-• - # . y ��, - y •a ..u. �- �a� nye ..n —SUBJECT SITE(S) SHOPPING. .o. write ��.. •9 w r • _ .7 �� e ' W ROAD WAYS .Or r -cn ESTUARINE AREA ATTACHMENT � ZURRENT D.O. CONDITIONS:.10 and 11 ATTACHMENT #2 10.. Prior to the issuance of a certificate of occupancy for any structure, the developer shall construct the proposed estuarine waterway system. Failure to construct such a system shall constitute a substantial deviation and the project shall be subject to further review. 11._ Prior to the issuance -of a certificate -of occupancy for any structures, the e s turarine /waterway system shall be connected to the Indian .River. Lagoon. No connection of the excavated, estuarine/waterway system shall - be'made to either the lagoon or the existing connected open water basin (marina 1) until such time as DDT, other restricted constituents, and standard water quality parameters within that system have been reduced to levels at or below background levels of such constituents within the Indian River Lagoon, and -until such time as shorelines have been stabilized 'and the 'littoral zone habitats along the edge of the •wetland areas and estuarine/waterway system have been planted and work inspected.by Treasure_ Coast Regional Planning Council and Indian River County. The developer shall at his own expense, submit tests that show the estuarine/waterway system to be at or below 'background levels of DDT and other restricted constituents. Tests shall be preformed by an independent laboratory selected by the developer and approved by the County. -_The County Environmental health Department shall monitor. the test results. PROPOSED D.O. AMENDMENT ATTAC194ENT #3 I "10. Prior-te-the- issae -off-the-certificate -of--occupancy- for- -any -structure;--+-te developer--shaH--conatruet--the=proposed-*srtverine--waterwer-gystenrr The county, upon receipt of a performance bond, letter of credit or other form of assurance acceptable to the county, which such assurance guarantees a_ contract for the developer to complete the approved estuarine waterway system riot to January 1_ 1989, may issue not more than 600 certificates of occupancy for dwelling units, offices and commercial enterprises located in pods D, E, G, H, 1_ K, P and the Harbor. Center. Completion of the approved estuarine waterway system shall include connection to the Indian River. Failure to construct suct a the estuarine waterway system shall constitute a substantial deviation and the project shall be subject to a further review." �� 11. -f'ri� --to--tfie-tsst+entt�#--a-certifies#e-ef-eeEapaney-#er- atr�r-strttett�re4j,--the estuarinefweterway--systeer-s+mHl-be--eennectt-d--te--t+x--4-ndtan--River--L-ageen: No connection of the excavated estuarine/waterway system shall be made to either the lagoon or the existing connected open water basin (marina 1) until such time as DDT, other restricted constituents, and standard water quality parameters within that system have been reduced to levels at or below background levels of such constituents within the Indian River Lagoon, and until such time as shorelines have been stabilized and the littoral zone habitats along the edge of the wetland areas and estuarine/waterway system have been planted and work inspected by Treasure Coast Regional Planning Council and Indian River County. The developer shall at his own expense, submit tests that show the estuarine/waterway system to be at or below background levels of DDT and other restricted constituents. Test shall be -performed by -an independent laboratory selected by the developer and approved by the county. The County Environmental Health Department --shall monitor the test results." - 5 9 BOOK 70 F" �� •J�6 C E C ��7 DEC DEC 1987 BOOK 70 F1f,E30i Chief Planner Boling advised that staff has been on site with the developer to see the site that has been planted, and what is before the Commission today is the Development Order amendment which would allow them to contract with the county specifying areas that remain to be completed and post bond. He. assured the Board there are limitations on when the system has to be in place, and staff is recommending the Board approve the proposed amendments. The Chairman asked if anyone present wished to be heard. There were none, and the Chairman thereupon declared the public hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously adopted Resolution 87-147 amending the Grand Harbor Development Order. RESOLUTION 87 - 147 RESOLUTION AMENDING THE DEVELOPMENT ORDER APPROVING THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT. WHEREAS, pursuant to the provisions in Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County has adopted Resolution 85-128 establishing the Development Order approving the Grand Harbor Development of Regional Impact, and has adopted Resolution 86-4, Resolution 86-89, and Resolution 86-108, amending the adopted Development Order; and WHEREAS, the project developer has requested certain amend- ments to the Development Order to allow for the issuance of a limited number of Certificates of Occupancy prior to completion of the estuarine system subject to the execution of a contract to complete said construction along with posted security guaranteeing said construction, and WHEREAS, the amendment request has been reviewed by the Treasure Coast Regional' Planning Council and the State Department of Community Affairs acid has not been determined to constitute a substantial deviation under Florida Statutes; NOW, THEREFORE, BE IT RESOLVED -BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the adopted Develop- ment Order approving the Grand HarborDevelopment of Regional Impact as amended, is hereby amended as follows, with said amend- ments to be incorporated into'the existing Development Order: Section 1 Under "HABITAT, VEGETATION AND WILDLIFE" item 10 shall be amended to read as follows: 60 1110. V)tW/WOO/ X40Yi4A04/0f/9500140, Wfot/ItAt AttWidtOl//dtW/AYe' 0Tc)lWV//.AUX X//4bA4W4V/ION/ 0_0t)6i ;EA0/ h4tW~/OtOtl6ui/ The county,' upon receipt of a performance bond, letter of credit or other form of assur- ance, acceptable to the county, which such assurance guaran- tees a contract for the developer to complete the approved estuarine waterway system prior to January 1, 1989, may issue not more than 600 certificates of occupancy for dwelling units, offices and commercial enterprises located in pods D, E, G, H, I, K, P and the Harbor Center. Completion of the approved estuarine waterway system shall include connection to the Indian River. Failure to construct OtOX A the estuarine waterway system shall constitute a substantial deviation and the project shall be subject to a further review." Section 2 Under "HABITAT, VEGETATION AND WILDLIFE" item 10 shall be amended to read as follows: U//th/ql /t0ji4tt-t//-VY(Jddrl. No connection of the excavated estuarine/waterway system shall be made to either the lagoon or the existing connected open water basin (marina 1) until such time as DDT, other restricted constituents, and standard water quality parameters within that system have been reduced to levels at or below background levels of such constituents within the Indian River Lagoon, and until such time as shorelines have been stabilized and the littoral zone habitats along the edge of the wetland areas and estuarine/ waterway system have been planted and work inspected by Treasure Coast Regional Planning Council and Indian River County. The developer shall at his his own expense, submit tests that show the estuarine/waterway system to be at or below background levels of DDT and other restricted constitu- ents. Test shall be performed by an independent laboratory selected by the developer and approved by the county. The County Environmental Health Department shall monitor the test results." THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED in a public hearing held on this the 8th day of December , 1987. G Don C. Scurlock, Jr Chairman Board of County Commissioners CODING: Words intype are deletions from existing law; words underlined are additions. EC 8 1987 61 BOOK 70 FnE 308 L Fr— EC 1987 BOOK 70 PAvr •�9 REQUEST FOR CONCEPTUAL SITE PLAN APPROVAL AND SPECIAL_ EXCEPTION APPROVAL - SCHAUB COMMUNITY'S BEACH CLUB (GRAND HARBOR) The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was pub- lished in said newspaper in the issues of / `/ I��c %� l 6 Zf A Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed befo a me is �G day of�D. 19_ �! / lit (ByF ss Manager) (Clerk of the Circuit Court, InMn River County, Florida) (SEAL) NOTICE OF PUBLIC HEARING Notice of Public Hearing to consider the granting of special exception approval for a country club. The subjectproperty is presently held in trust by Robert A. Caims and Is located at 8600 A -1-A. The subject property is described as: ; A.Perc' of land situate In Section 25, Township 3T, South, Range 39 East, In- dian River County, Florida, more particu- larly described as follows: Commencing at the Southwest comer of Section 25, Township 31 South, Range 39 East, run Northerly along the West line :SOX 25 a distance of 1608.76 feet to the North line of Government Lot 3; thence S 89°42'47" E along the North line of Government lot 3, a distance of 792.13 feet to the Easterly Right of Way line of State Road AIA (100' Wide); thence S 24°43'18" E along the Easterly Right of Way line of State Road AIA a distance of 497.76 feet to the Point of Beginning; thence N 88°05'23" E a dis- tance of 588.81 feet to a Point on the Mean High Water Line of the Atlantic Ocean; thence along said Mean High Water line S 23°00'32" E a distance of 53.10 feet; thence S 24°18134" E a dis- tance of 75.53 feet; thence S 19057'20" E a distance of. 68.46 feet; thence S 2113313611 E a distance of 68.79 feet; thence S 23°3341" E a distance of 72.10 feet thence S 22°02'04" E a dis- tance of 55.55 feet to the South line of the Parcel of land described herein; thence along said South Una S . 89"05'23" W a distance of 581.67 feet to a Point on the Easterly Right of Way line of State Road AIA; thence N 24°43118" W along the Easterly Right of Way line of State Road AIA a distance of 0.00 feet to the Point of Beginning.., Containing , 4.96 acres + A 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 Commission Chambers of the County Adminis- tration Building located at 1840 25th Street, Vero Beach, Florida on Tuesday, December 8, 1987 at 9:05 a.m. Anyone who may wish to appeal arty decision which may be made at this meeting wilt need to ensure that a verbatim record of the proceedings Is made which Includes the testimony and evi- dence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: -s-Don C. Scurlock,,Jr Chairman Nov. 16,1987 > Chief Planner Stan Boling reviewed the following: 62 TO;. The "Honorable Members of DATE: November 16, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: I` Rd ert M. Ke tin , AI-CP.7 SUBJECT: SCHAUB COMMUNITY'S REQUEST Community Development FOR CONCEPTUAL SITE PLAN APPROVAL AND SPECIAL THROUGH: Stan Boling EXCEPTION APPROVAL FOR A Chief, Current Development BEACH CLUB FROM: John W. McCoy REFERENCES: schaub Staff Planner JOHN3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 8, 1987. DESCRIPTION AND LOCATION: Keith McCully, agent for Grand Harbor, Inc., has submitted a request for conceptual site plan approval and special exception approval for the Schaub Communities beach club, a use which requires special exception approval in the RM -6, Multifamily Residential District (up to 6 units/acre). The applicant is seeking conceptual special exception approval. .If the Board of County Commissioners grants. the conceptual special exception approval, the applicant will need to submit a major site plan application, meeting the criteria of Section 23 of the zoning code. The major site plan application will need to be approved by the Planning and Zoning Commission for the project to actually be developed. Site specific concerns, such as beach lighting and turtle protection, will be addressed at the time of major site plan review. The proposed project is located on the east side of A -1-A, at 8400 State Road A -1-A, approximately 1000' north of the Indian River Shores city limits. The Board of County Commissioners previously denied a special exception request by this applicant .fora beach club when _the proposed project was located within a County enclave surrounded by the town of Indian River Shores. The current.project, however, is on a slightly larger parcel (4.95 'vs. 4.5- acres) 'and has a slightly smaller total floor area (29,055 sq. ft. vs 30,010 sq. ft.). The applicant owns the property on both the north and south sides of the subject site and is depicting.the beach club develop- ment as Phase I of a three phase development. The subsequent two phases to the north and south are to be multi -family projects. This beach club facility would service these two "on-site" phases, as well as mainland and Island communities developed by the applicant. The club's membership would not be open to the general public; only residents of the applicant's projects could utilize the beach club. Pursuant to Section 25.3 of the Zoning Code, Regulation of Special Exception Uses, the Planning and Zoning Commission considered the appropriateness of the requested use based on the submitted conceptual site plan and the suitability of the site for that use. At their meeting of November 12, 1987, the Commission voted 6-1 to recommend approval of the special exception use to the Board of County Commissioners subject to the conditions outlined at the end of this report. The Board may now attach any other conditions or safeguards necessary to ensure compatibility of the use with the surrounding area. The project proposes a 4,627 sq. ft. restaurant and bar, a 2,536 sq. ft. club, a pool, extensive deck and terrace area, and a dune crossover for beach access. 63 DECX9 7 ROOK 70 Fn, -MO 0 ®EC 199 Boor 70 F.1jE 311 Concern of Town of Indian River Shores: County staff routinely contacts' and coordinates with municipali- ties when a project is located near the boundary of a munici- pality. The Town of Indian River Shores has expressed concern in regards to parking and traffic. Please refer to the letter from the Indian River Shores Town Manager, Mr. J. C. Dorsky (attachment #4). Mr. J. C. Dorsky has been copied on communications regarding this project . As' of the writing of this item, no other written concerns have been received from the Town of Indian River Shores. ANALYSIS: 1. Site Size: 4.96 acres 2. Current Zoning District: RM -6, Multiple Family Residential District (up to 6 units/acre). 3. Land Use Designation: LD -2, Low Density Residential (allowing up to 6 units/acre). 4.- Total Floor Area of Site: 29,055 sq. ft. or 13.4% lot coverage. *Total floor area includes restaurant, grill, entrance, pavilion, restrooms, galleries, pool and deck. 5. Off -Street Parking Required: 108 spaces Provided: 108 spaces 6. Traffic Circulation: The site_will.be accessed by a two-way divided driveway connecting to S..R. A=1 -A. . The County Traffic Engineer has- approved the proposed traffic circulation systema The 1986 peak season traffic count for this portion of S.R. A -1-A is 4100 ADT. This is within the level of service standard A, and the traffic engineer does not anticipate this development lowering the level of service. 7. Dedications and Improvements: a. The applicant has agreed to dedicate the west 10 feet of the site as S.R. A -1-A right-of-way to bring the eastern half of the R.O.W. up to current.standards, b. Construct or escrow for a 4' wide public sidewalk. The development.of the Beach Club, which includes 400' lineal feet of beach front, will not trigger the public access provision (23.31) in the site plan ordinance (600_'); however; the- entire project including both the beach club and. the proposed residential development (Phase II), will total 1200' lineal feet, and require provisions for public beach access. Since this site plan is part of a larger project which as a whole will exceed the threshold for public beach access, the requirement of that ordinance will be triggered when development approval is requested for the residential portions of the entire tract. The applicant has agreed to dedicate land or contribute funds for public access to the Atlantic Ocean in accordance with standards set forth in the County's site plan ordinance for the entire clubhouse and future residential project phases, prior to the issuance of any C.O.'s for dwellings within the future residential project. 8. Stormwater Management: The proposed conceptual stormwater management plan has been reviewed and approved by the Public Works Department. 9. Landscape Plan: The proposed conceptual plan notes that all natural vegetation is to be retained wherever no construction is to occur. The site will utilize the natural vegetation to create a 25 foot wide opaque barrier along the side property lines as buffers to sound and light. The retention of - M M natural vegetation is encouraged whenever possible to reduce water consumption needs, preserve habitat, and .maintain natural dune stabilization. 10. Utilities: The project proposes to obtain potable water from North Beach Water Company and wastewater from Baytree utilities. 11. Surrounding Land-Use/zoning: North: Vacant/RM-6 South: Vacant/RM-6 West: Vacant/RM-6 East: Atlantic Ocean/NA 12. Environmental Aspects: A dune crossover will be the only improvement made seaward of the old CCCL line, a line of prohibition as applied by the County. Within the area between the old CCCL and the new CCCL, an area regulated by DNR, the applicant does propose improvements and has been negotiating with the DNR about the scope of construction seaward of the new CCCL line. Already the applicant has scaled down and redesigned the project pursuant to a request by the DNR. A further reduction in construction area is also being considered by the applicant at the request of DNR. As with any project, this applicant will be required to show evidence of all necessary jurisdictional agency approvals, including DNR approval, prior to release of the approved site plan. As far as vegetation is concerned, the entire area seaward of the old CCCL will remain undisturbed except for minor clearing in conjunction with construction of the dune cross- over. In that area between the old and new CCCL, all Vegetation not in the footprint of the project will remain undisturbed. Any vegetation disturbed during construction seaward.of the old CCCL line will be revegetated.with natural dune vegetation as required by County code.. A special exception use is one which is not normally considered compatible with certain zoning districts unless carefully moni- tored by number, size, frequency and location. The County may, attach additional conditions which it deems necessary to assure protection of surrounding properties from adverse impacts. Section 25.1 of the Zoning Code, Regulations for Specific Land Uses, details specific criteria to be considered _when reviewing a beach club for approval as a special exception use. These are -as follows: 1. The term "country club," as used in this section, shall be defined as a land area and buildings containing recreational facilities, clubhouse and the usual uses accessory thereto, open only to members and their guests for a membership -fee. Country clubs shall be interpreted to include multi-purpose recreational clubs as well as golf courses, tennis clubs and similar membership recreational facilities. 2. Such facilities may include restaurants with alcoholic beverage licenses provided that no such establishment is located within one thousand (1,000) feet of the front door of any church or all property lines of any school. In addition, such establishments shall not be open to the general public. 3. No principal or accessory building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a single-family zoning district. 4. No off-street parking or loading area shall be located closer than twenty-five (25) feet to any residential zoning district. 5. Where such uses involve golf courses, tennis courts, marinas or any other recreational use for which standards are set forth in Section 25.1(e), they shall also be subject to such standards and procedures, unless a waiver is granted by the decision-making body because the standards are not applicable to the type or intensity of use proposed. DEC 1 RooK 70 F,�E312 L 65 f DEC 9 937 B60K 70 F,q,E:313 6. All multipurpose recreational clubs authorized herein shall be located adjacent to a major thoroughfare. 7. All outdoor lighting shall be adequately shielded in order to prevent reflection onto adjacent.properties. 8. A landscaped bufferyard utilizing screening, as established in Section 23, shall be required adjacent to all residentially zoned land. All criteria have been' met. Although "the special exception process allows the Board of County Commissioners to impose any additional conditions to ensure the compatibility of the proposed use with surrounding property, it is staff's position that there is no need to impose any special conditions in relation to approving this proposal. Country clubs, as special exception uses, are allowed in residen- tial zoning districts to provide recreational activities to a portion of the county's population. This particular project will provide beach access for a portion of the county's population, supplementing access available at public beaches. This conforms to the County's general policy of encouraging and providing for access to the beach, which is a limited resource. In addition, the County and Regional Planning Council encouraged Grand Harbor, during the DRI review process, to provide beach access for Grand Harbor residents in order to alleviate impacts on public beach access facilities. RECOMMENDATION: Based' -on the analysis performed, staff recommends that the Board of County Commissioners grant special exception approval for the beach club with the following conditions: 1. That all native vegetation be retained on site within 25' bufferyards contained within both sideyards; 2. That prior to release of the approved major site plan: a. the applicant shall dedicate the west ten feet of the site as R.O.W. for Highway A -1-A. 3. That prior to a certificate of occupancy: a. the applicant shall propose an agreement, that is acceptable to the County Attorney's office, to satisfy - the requirement for public access to water bodies for the entire development which includes the future residential phases. Planner Boling noted that this is similar to an accessory facility at Sea Oaks and would be located 1800' south of Sea Oaks and approximately 1,000' north of the Town of Indian River Shores. Staff recommends approval subject to the conditions listed. Chairman Scurlock commented that there had been some thought to having this facility located north of CR 510 to mitigate impacts, but it now appears that the Coastal Resource Barrier Act 66 M which is in progress would severely inhibit any development since flood insurance would not be available north of 510 because utility services are not available, and he had not considered these factors when he had suggested possibly locating the facility next to a park which would be a great buffer. Commissioner Bird felt that, in addition to the conditions listed by staff, there should be an additional condition to help satisfy the concerns of those who fear that in the future this facility might be converted into a private commercial venture, and he would like to include some language to guaranty -that the beach club will remain in the future what it is proposed to be today. He has discussed this with Director Keating. Planning Director Keating pointed out that, first of all, if the club changed characteristics at all, it would have to come back through and get another type approval. However, to accomplish what Commissioner Bird is talking about, language could be added, i.e., "that the applicant through a set of recorded and county approved membership documents will provide evidence that transient use of club facilities will not occur, such evidence may include but not be limited to price of the membership, residential membership qualifications, membership time frames, and other requirements." He felt that condition puts the burden on the applicant for coming up with the criteria. Chairman Scurlock believed all the Comm!-ssioners have been concerned about a potential commercial nature. As to increased traffic on A -1-A, however, he pointed out that there are 87,000 people in the county who have a right to use A -1-A whether they go to a beach club or not. He agreed we do not want someone .building a "Lobster Shanty," and selling $10 memberships, but that is not what is happening here. Commissioner Wheeler emphasized that he would like to see it made clear that it is a limited membership - that it is an equity type and truly private club and ultimately the Board of Directors will be the owners of the club.' 67 Bou 70 A I E Q 1987 BOOR 70 F-A� 315: The Chairman had a question about limiting it to an equity situation and asked if that is not an ownership question rather than a land use question. County Attorney Vitunac agreed and explained that it also goes into the definition of what a beach.club is. The problems. we are trying to solve are use related, and he did not see the relationship between equity ownership and the problem. Commissioner Wheeler stressed that his concern is opening the door a little bit further and where do you draw the line on potential future commercial ventures. Chairman Scurlock pointed out that where you draw the line is that this project has adjacent developable land, and Commis- sioner Eggert also noted that we have the added fact that this is a special exception and we look at each one individually. Attorney Vitunac advised that if you really want to look at this issue, it would be appropriate to have an expansion of the Zoning Code ordinance on beach clubs, and put out some of these concerns in ordinance form; then, in the future, your enforcement mechanism would be the Code Enforcement Board. He noted, however, that right now the Code Enforcement Board still can enforce what a beach club is if this should change to something Director Keating's people feel is not a legitimate beach club. Director Keating stressed that we do have a definition of country club and it does reference members and membership fees, and also during the special exception process you have the ability to more specifically qualify those characteristics. The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board representing the Sea Oaks Property Owners Association. He stated that he is here not necessarily to speak in opposition, but to suggest some things of a legal nature. Mr. O'Haire noted there are no standards in the Special Exception, and Attorney Vitunac has indicated an amendment to the ordinance probably would be required. Mr. O'Haire further stressed that you are establishing 68 � � r precedents when you allow a special exception and the future standards are established by what you permit. Mr. O'Haire suggested that since there are so many unanswered questions, the proper way to handle this so his clients are not afraid of what may happen is to establish the standards first - put off the approval until we know what we are getting and something can be set forth in the ordinance. Chairman Scurlock pointed out that the precedent already has been established in three prior cases. Attorney O'Haire had another issue that he would Eike to put to rest, which is that somehow in the DRI process there was a provision that a beach club was required of the developer. What really happened is that staff told the developer that they wanted him to address the question of his impact on the beaches. Mr. O'Haire believed the developer really sidestepped the question posed by staff and did what all developer's love to do - provide a beach club facility as a sales and marketing tool. He agreed that Lloyd Ecclestone did this at John's Island; the Zarembas did it at Sea Oaks; and it has been done at Indian Trails. These all were designed to serve the communities within which they were located, but because of lack of a sufficient population base in the beginning, had to invite the outside world in. As things have turned out, John's Island now has built up a population base that will support its club, and it has been sold out on an equity basis to its members. At Sea Oaks, the property owners own the amenity package, and it is under lease to the developer. His subsidy problem will take care of itself as the project immedi- ately adjacent and contiguous to it is built out. The proposed project is different in that for the first time we have a developer putting up an amenity package for sales and marketing purposes on the oceanfront that is supposedly for the benefit of the adjacent property they have, but actually is for sales and marketing of their main project which is located miles away across the river. Mr. O'Haire pointed out the possibility that a 69 BOOK 70 FaGE • 1G DEC 1987 I O E C 8 1987 BOOK 70 P':CE -311 developer with 5,000 acres west of 1-95 would want to do the same kind of project for marketing purposes, and if General Develop- ment, for instance, came in with a similar project, the Board would have to allow it. Chairman Scurlock asked if Mr. O'Haire is saying that the only people in this county who can enjoy a beach club are those who own property there, and Mr. O'Haire pointed out there are public beaches for the general public. He continued to stress that what is proposed is actually no different than a restaurant, and he did not believe the county can police this by putting an agreement on record. The standards should be put in an ordinance first so you do not have tailored agreements for different projects. The Chairman stated that his personal philosophy is different. He feels the 87,000 people in the county who have a right to use the beaches should not be limited just to the public beach but should have the opportunity to go to a private club if they desire. He emphasized that he has not seen any negative impact from the the John's Island Beach Club, Sea Oaks, or Indian Trails. They are all up -scale positive facilities. Attorney O'Haire argued that if the object of the game is to provide an opportunity for 87,000 people to have access to the beach, how do you control "up scale" - there is not a standard. Chairman Scurlock asked if Mr. O'Haire could see him standing there and arguing that members of John's Island and other beach communities could not belong to a private golf club west of the river. Commissioner Bird agreed with Attorney O'Haire that we do need better clarification in the future. However, these people have gone through the required process and played the game by the rules that are in place, and he felt we should process them accordingly. He personally was prepared to judge the request today on the basis of what we have on the books at the present time. 70 Attorney O'Haire continued to argue that actually there are no rules, and they should be set first and then process the application. The Chairman asked if anyone else wished to be heard. Edward Cook, President of Sea Oaks Property Owners Association, informed the Board the he represents 120 of the 150 property owners at Sea Oaks, and they are independent of the developer. When they were informed of the Grand Harbor proposal, over 100 letters were written in opposition, and they also have five letters of opposition from other Associations up and down the beach - the Town of Indian River Shores, the Indian River Shores Property Owners Association, John's Island Property Owners Association, Park Shores Property Owners Association, and Sea Oaks Owners Association. Mr. Cook stressed that the residents represented in those five letters approximate the same number of new units at Grand Harbor; so, if fairness is an issue, there as many people concerned in the beach area as there are from Grand Harbor. This project was voted down previously, and it is difficult to see much difference now. Mr. Cook stated that their main concern is the precedence setting. Besides the residents, they are concerned about the potential for visits by the 600 people from their hotel. They feel the main difference between the John's Island Beach Club, Sea Oaks Beach Club, etc.,,is that their clubs are owned by contiguous owners; the Grand Harbor project will be owned by the developer and will not have contiguous ownership. Mr. Cook did not see how the Board's reasons for turning this down previously have changed, but if the Board feels they have changed, he felt proper standards should be -set to insure we don't have just a bar and grill because it is the Board's responsibility to maintain the superior qualify of our county. Commissioner Wheeler pointed out two differences between this project and the previous proposal are that the first was taking a small piece of property and putting a beach club in a �D E C 9 1987 71 BOCK 70 F'A.,E 3iS BOOK 70 PAGE •�� residential neighborhood while in this project, they are creating their own neighborhood and their own buffer. Also, this is not in an enclave. Chairman Scurlock noted that the parking situation, the project, and the site are all significantly different, and he would assume that a good number of people who purchase units there will become members of the club and will have the same concerns as those present today. Mr. Cook continued to stress their concern about non- contiguous ownership and worry about the area deteriorating. Chairman Scurlock did not agree it is non-contiguous ownership because they have 80 or 90 units on this site plan, but Mr. Cook noted that you will have non-contiguous ownership of the 3,000 units at Grand Harbor. He felt the Board should give serious consideration to framing this in legal terms to prevent the things they have agreed might happen, and suggested they postpone this decision for a month while they put together the rules. John Morrison, a resident of Indian River Shores since there were only 34 people there, felt what has been done along A -1-A over the years has been very desirable and has given our county an ambiance that is quite unique. He informed the Board that Mr. Cook, among others, asked him to appear and oppose the proposed beach club. Mr. Morrison noted that he was involved in the formation of the county's Comprehensive Land Use Plan, and the location where Grand Harbor is was zoned at 8 units per acre. This possibly could have been developed with mobile homes, paying almost no taxes, and he worried about this some, but Schaub communities came along and are turning it into something that certainly will be an asset to the community. Mr. Morrison felt it is ludicrous that the opposition is coming so strongly from Sea Oaks, where he recently attended a food festival along with 500 other people and there was inadequate parking, and where next March, he plans to attend a tennis tournament and people again 72 undoubtedly will be parking all up and down A -1-A. Mr. Morrison next pointed out that Riomar Club is not an equity club; John's Island Club functioned for years as a non -equity club; Sea Oaks is not an equity club; and the issue of equity has nothing whatsoever to do with land use. He further noted that if the proposed club were to change its nature and become a straight-out commercial enterprise, it would be non -conforming and would have to apply for new zoning. He did not see any basis and equity under the law for the Board to grant three clubs special exceptions and then suddenly call a halt. Mr. Morrison found no validity in any of the objections presented. He pointed out that the size of the proposed club is considerably smaller than most of the homes built in John's Island; and he did not see how you can bring 3,000 people into a club that has 60 seats. He further advised that his latest information is that the Indian River Shores Town Council has withdrawn their opposition altogether, and he informed the Board that the letter from the John's Island Property Owners Association, of which he is a member, does not come as a mandate of the membership. He personally felt the letter was ill advised and should not have been written. Commissioner Eggert also wished to comment on the letters of opposition received from the various Associations. She reported that the secretary of the Indian River Shores Property Owners told her they had a meeting last week and decided they didn't want to get involved in this at all. George Bunnell, Indian River Shores Councilman, and Town Manager Joe Dorskey, whom she talked to yesterday, said the same thing. She called Brendan Meagher, President of the John's Island Property Owners Association, about the letter he wrote to Mr. Cook of the Sea Oaks Properties Association, and Mr. Meagher said they just wished to be neighborly; there was no major concern, and they do not intend to write the County Commission expressing any opposition. Commissioner Eggert did not know about the Parks Shores Property Owners Association, but noted that she went to DEC73 ma 70 1987 1 0 E C 8 1937 70 U� some trouble to call around and she did not believe there is the depth of feeling about this particular project there was about the other. As far as impacting the beaches, she noted that she likes to walk on the beaches in this general area and generally finds them pretty empty even during Spring vacation. Adelaide Cartwright, resident of John's Island, spoke in opposition. She could not see any real difference between the present proposal and that made last January. They have 50 villas on each side they call a buffer, but there are 3,000 units at Grand Harbor, or 6,000 people besides those villas. If only 50 came to the Beach Club, you could expect a potential of 300 people daily, not just once a year when there is a tennis match. Jack Orr, Sea Oaks, stated that if the Board intends to pass this proposal, he would propose an amendment to limit membership in the beach club to a certain number. He believed the club has 400' frontage on the ocean, and possibly the membership should be based on a multiple of that number as he felt tying the member- ship into the size of the beachfront makes some sense. Michael Egan, Tallahassee, representing the Schaub Communities, emphasized that he has always been impressed by the fact that Vero Beach is such a well planned community and a nice place to visit. He applauded the Commission and staff for their attitude and planning for the county, and advised that he is here to answer any questions that might be ra"ised. Chairman Scurlock asked if there is some limitation in terms of what the club membership will be. Rick Schaub advised that their membership is limited to residents of The Shores, Bay Tree, and Grand Harbor. He believed everyone was aware that the density being discussed as approved for Grand Harbor is way off - they expect to build out at about 2,200 units, not 3,000. Commissioner Wheeler asked if the membership applies to all the clubs - swimming, golf, etc., or just the beach club. 74 Mr. Schaub advised that the beach club does not have a separate membership; the fees they mention are for the entire club package. He clarified that once someone buys a unit, they have to make application for membership and, depending on the classification of membership they choose, can pay anywhere from $8,000 up to $30,000. They are all equity memberships, and right now about 70% are buying memberships. Commissioner Bird asked if Mr. Schaub had any objection to the additional condition he had proposed that would give us the comfort that this club would be run for now and ever more as a private club amenity to the residents of the Schaub communities and not run as a commercial enterprise, and Mr. Schaub stated that he had no objection as long as this can be handled simply through staff. Commissioner Wheeler wished to know if the hotel guests have rights to all the clubs, and Mr. Schaub advised that the hotel is part of the 2,200 units; it is going to be a 200 suite hotel, not a conference hotel. Those people will be allowed to use the golf club, etc., but if their reason for coming to Vero Beach is for use of the ocean, they obviously are coming to the wrong place since Grand Harbor is eight miles from the ocean. He further pointed out that John's Island has 2,800 residences right now,. and when you walk on the beach, you will only see 15-20 people on any given day. Commissioner Wheeler -asked how the clubs in the Grand Harbor project are incorporated in the property, and Director Keating explained that they are considered accessory uses and that is the way staff has always done it, particularly within a PRD. Commissioner Wheeler felt we are being consistent. He did not believe this use has ever been questioned on the mainland and Mr. Schaub is being upfront about who is allowed. Attorney O'Haire again urged that the standards and conditions the Board has assured will be put in place are, in 75 �D E D �9�7 aooK 70 r -A -u 322 F", - Q E 1987 Boor 70 Fa E 32;3` fact, put in place. Also they would very much like to see a cap put on the membership somewhere somehow. Mr. Schaub noted that they intend to keep the cap to Bay Tree, Park Shores and Grand Harbor. Mr. Morrison asked the County Attorney if the approach sustained here re a cap will be upheld in court as. he felt what this is bordering on is contract zoning in a broad sense. He further pointed out that the other similar entities are asking that a limit be applied solely to the Schaub Enterprises and not to theirs, and he did not feel that would hold up in court. Attorney Vitunac pointed out that the developer has agreed to it; so, in this case he did not see that the cap is a legal problem. He further noted that under a Special Exception, one of the factors the Board is charged with looking at is whether the number of people coming here is too many. The Board has a right to change its policy for reasons of safety, health and welfare, as long as we are consistent. Here the membership is very large, but it is still a limit. We could go back to other clubs and try to impose a limit there also. Mr. Schaub noted that the reason they are willing to agree to a cap is that is how their membership is set up. He did feel some frustration that there is no cap on Sea Oaks membership. Mr. Orr continued to urge limiting the membership based on the beach frontage to avoid over use of the beaches, and Commis- sioner Bowman pointed out that the club always will be limited by the number of parking places. Commissioner Eggert noted that she also lives on the beach and has concerns, and she debated this matter for a long time. She felt that many people prefer to swim in a pool rather than the ocean, and did not believe she would purchase at Grand Harbor if she wanted to be an ocean dweller. With the correction of the parking situation, the location further north, the limited seating and the limited parking, and also with what is an observable use of the beach, she found she could not be opposed 76 to the beach club as proposed, especially with the additional wording suggested by Mr. Bird. It was determined that no one else wished to be heard, and the Chairman thereupon declared the public hearing closed. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board approve staff's recommendation with the additional condition proposed by Commissioner Bird, i.e., that prior to C.O., the applicant through a set of recorded and county approved membership documents will provide evidence that transient use of club facilities will not occur, such evidence may include but not be limited to price of the membership, residential membership qualifica- tions, membership time frames, and other requirements. In discussion, it was felt because of the hotel, the definition of "transient" could cause a problem, and Commissioner Eggert asked if we could just state that the membership is limited to the total units of Grand Harbor, Bay Tree and The Shores. The Chairman did not have any problem with that but had some questions about a resident bringing a guest, for instance, and how you would monitor that situation. He believed, however, that trying to regulate and allow for every possibility would be the same as being a Director of the club. Mr. Schaub brought up the point that it is customary in fine clubs throughout the United States to make provision for some honorary memberships for the clergy and people of that sort, and he does not feel that should be shut out from this club. Commissioner Bird clarified that the whole purpose of his proposed addition was just to put something on the record that years from now would indicate the use was approved under the concept that it is a private club and an amenity for the use of 77 ROOK 70 PAGE394 _I 8w 70 F-, vl_ 15 . those who reside in the three communities we have named and that it will remain that way. Commissioner Eggert suggested the following wording: "private club limited to the total number of owners in Grand Harbor, Bay Tree, and The Shores." Commissioner Bird agreed to rewording the Motion to that effect. The Board agreed that was the intent, and staff could work out the language. THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION AS REWORDED. It was voted on and carried unanimously. PURCHASE OF OFFICE EQUIPMENT - ENVIRONMENTAL HEALTH The Board reviewed memo from Environmental Control Officer Michael Galanis: TO; Honorable Don C.• Scurlock DATE: -November 30, 1987 FILE: Chairman -.Indian River County Board of County Commissioners Through: Charles Balczun County Administrator Indian River County, Florida . • SUBJECT: - Purchase of Office Equipment C\j CID FROM: Michael J anis, rt.P.x. R FERENCES: E� Environme t Control Officer �,� E•dm� ��c�, It is requested that the Environmental Control Office be allowed to purchase two (2) IBM Compatible Micro Computers with printers to provide administrative and data -support to the Environmental Control Officer and the contract attorney. These pieces of equipment would be purchased with funds from the Environmental Control Board account. As you know, -this account comes from fines paid by offenders. There are no tax dollars involved in this account. The two machines proposed are compatible with existing office equipment and would greatly enhance our ability to meet our current work load. 78 The total expenditure for both units would be two thousand five hundred and ninety six.($2596.00) dollars and would greatly enhance our ability to meet the demands for legal documents and data storage that is currently generated in this office. We would appreciate your prompt consideration of this matter and request a spot on the Board of County Commission agenda at their earliest convenience. Attached in support of this request is a quote from Computer Training Corporation, these machines were selected after dealing with several individuals in this area and they provide the most value for the funds to be expended. If there are any further questions, please.contact me. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved the purchase of office equipment by the Environmental Control Office as described above. ICMA RETIREMENT CORP/NACo/PEBSCo RETIREMENT (PERSONNEL) ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously removed the above matter from the agenda. RECOMMENDATION FOR APPOINTMENT OF BOB STRUB TO HOUSING AUTHORITY Commissioner Eggert advised that she would like the Board to recommend to the Governor that Robert Strub be appointed to the Indian River Housing Authority to replace Don Smith whose term ends in December. ON MOTION BY Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously recommended that Robert D. Strub be appointed to the Indian River County Housing Authority as the replacement for Don Smith. D E 79 Pm 70 �''�r".•�.?l9 DEC 8 1987 aom '70 PA FT7 Chairman Scurlock informed the Board that it will be necessary to reconvene at 3:00 P.M. to award the bonds on the Gifford sewer project. The Board of County Commissioner thereupon recessed at 11:30 o'clock A.M. and reconvened at 3:00 o'clock P.M. with the same members present. AWARD OF BONDS -$9.2 MILLION GIFFORD SEWER PROJECT The Board reviewed memo from the County Attorney, as follows: TO: Board of County Commissioners FROM: Charles P. Vitunac, Coun y Attorney DATE: December 3, 1987 RE: $9.2 MILLION GIFFORD AREA SEWER PROJECT - INTERIM FINANCING CLOSING ORLANDO - DECEMBER 16 - 18, 1987 B.C.C. MEETING/DECEMBER 8, 1987 Attached are the most up-to-date revised versions of the award resolution (along with ifs exhibits) the note purchase agreement, and the supplemental resolution in connection with the referenced matter. After the sale of the bonds on Monday, December 7, 1987, the finalized versions of these documents will be delivered to this office by our bond counsel. We request the Board review the attachments and then authorize the Chairman to execute the two resolutions and the note purchase agreement on behalf of Indian River County. DRAFT ON FILE IN THE COUNTY COMMISSION OFFICE - FINAL DOCUMENTS WILL BE AVAILABLE AFTER BONDS ARE SOLD ON MONDAY, DECEMBER 7, 1987. 80 i Liz Forlani _I l� Chairman Scurlock introduced Bond Counsel, Charles "Chuck" Sieck of Rhoads & Sinon; Financial Advisor, Art Diamond of M. G. Lewis; Burt L. Saunders and Frederick Pauzar of A. G. Edwards 8 Sons; and Gael Penland of Raymond James S Assoc. The Chairman noted that we have had a very volatile situation in both the bond market and stock market in general. Way back when we had an initial letter of intent on this particular deal, the spread suggested at that time was $7.00. What has happened in the 'last two days was almost a 48 hour marathon of the people you see here working together trying to find an appropriate solution to a dilemma, and he believed what they have come up with can be heartily recommended to the Board for acceptance. There was a question by the underwriter's counsel in terms of some indemnification, but fortunately, the underwriter gave in on that item, and everyone was really glad as it was felt it would set a precedent in future issues. Originally, it was felt we probably would place these bonds on an institutional basis; right now, however, for a variety of reasons, the institutions were not interested. What has been settled on and will be recommended is that the spread be 8-1/4 and the interest rate 6-3/80. Raymond James and A. G. Edwards have been able to sell approximately 3 million of the 9 million issue, which means they will be purchasing the other 6.2 million and hopefully be able to start marketing those tomorrow. The Chairman appreciated the underwriter's willingness to work with us since it is a no -profit situation on this particular issue because of the circumstances. He noted that Mr. Diamond was very strong on not raising the interest rate which would have ended up being a net negative to the county. Chairman Scurlock felt very confident that we have a very good team here and that this is the best possible situation we can have to get these bonds sold, and he personally appreciated the people who have brought it about. Financial Advisor Art Diamond wished to mention that at this point we have yet to receive a rating from Moody's of a "MIG I". 81 BOOK 7 Fm -;E VS LEC 198 J DEC 8 19 BOOK 70, �,n� 329 He felt this is a matter of form only and believed all that is holding it up is having the FmHA waive the parity provisions, which they normally would do. We expect to get the rating from them by tomorrow morning. If we don't get that rating, which is extremely unlikely, then we don't have a deal. Mr. Diamond expressed his appreciation of the county's participation, which he noted has done nothing but reaffirm his belief that this Commission is a very good Commission and this is an excellent county. Burt Saunders, Assoc. Vice President, A. G. Edwards E Sons, advised that they are excited to be working with the county along with Raymond James & Assoc. and thanked not only the Chairman, who has been extremely helpful, but OMB Director Baird, Utilities Director Pinto, County Attorney Vitunac, and everyone else for their assistance. Mr. Saunders confirmed that the deal is contingent on obtaining the MIG I rating, but he did not anticipate any difficulty with it at all. Mr. Saunders then introduced Fred Pauzar, also of A. G. Edwards, who is very involved in marketing these notes, and can elaborate on the interest rate and the discount. Mr. Pauzar also paid his compliments to the county staff and believed the Commission can be proud of them. Mr. Pauzar informed the Board that since the crash of the stock market on October 19th, they have seen a total of 11 major firms in the municipal finance business pull out and just decide they don't want any part of it any more, which he felt says a lot about the current market conditions. He advised that his firm is confident enough in the quality of Indian River County and the name of Indian River County to be comfortable in committing to buy 9.2 million worth of bonds when they, in fact, have sold only about 113 of the bonds. Mr. Pauzar felt this deal is something the county can point to with a fair amount of pride. It is his understanding from the manager of their Florida bond trading desk in West Palm Beach that this is the largest deal of its type ever 82 done in Florida; there has not been an FmHA note issue larger than 9.2 million; so, they are bringing a rather large slightly unusual type of municipal paper to the marketplace. Mr. Pauzar stated that they look forward to working with the county in the future and thanked everyone for their help on this transaction. Mr. Saunders then asked Bond Counsel Chuck Sieck to review the required resolutions, which have been pre -numbered. Mr. Sieck explained that the authorizing resolution 87-143 basically amends and supplements Resolution 86-36. At that time they rather hurriedly developed a note resolution which contained the basis of the terms on which the notes would be issued; this was done without a lot of specific information and there were some details that needed to be filled in, such as investments in the construction fund, etc., all of which details have been worked out with the underwriters. The second resolution, 87-144, awards the notes to the underwriters and authorizes the execution of the note purchase agreement. Mr. Sieck confirmed that the terms of the issue are 6-3/8o interest and $9,124,100 will be the purchase price of the notes plus accrued interest from December 1st. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 87-143 and Resolution 87-144 authorizing the issuance of 9.2 million Water 6 Sewer Revenue Bonds and awarding same as described above. 83 D E C 8 1987 BOOK 70 DEC C BOOK 70 PA,F 331 RESOLUTION 87- 143 A RESOLUTION AMENDING RESOLUTION 86-36 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: "A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,200,000 WATER AND SEWER REVENUE BONDS, SERIES 1986, ANTICIPATION NOTES OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE PAYMENT THEREOF AND THE SECURITY THEREFOR; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE", BY MODIFYING CERTAIN REDEMPTION PROVISIONS APPLICABLE TO THE SERIES 1986 NOTES, AND • SUPPLEMENTING SAID RESOLUTION_ BY ESTABLISHING CERTAIN PROVISIONS REGARDING THE APPLICATION OF THE PROCEEDS OF THE SERIES 1986 NOTES, THE APPLICATION OF THE CONSTRUCTION FUND WITH RESPECT TO THE SERIES 1986 NOTES, AND THE SATISFACTION, BY THE COUNTY, OF•CERTAIN REQUIREMENTS CONTAINED IN THE ORIGINAL RESOLUTION AND THE LOAN COMMITMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: SECTION 1. Authority for Resolution_. This Resolution is adopted pursuant to the provisions of Chapter 125 and Section 215.431, Florida Statutes (1985), as amended; and other applicable provisions of law. RESOLUTION NO. 87 - 144 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A NOTE PURCHASE AGREEMENT FOR THE SALE AND AWARD OF $9,200,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 1986, ANTICIPATION NOTES OF INDIAN RIVER COUNTY, FLORIDA, AT PRIVATE SALE BY NEGOTIATION TO THE PURCHASERS THEREOF; AUTHORIZING AND APPROVING CERTAIN TERMS OF SAID NOTES; RATIFYING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE MARKETING OF SUCH NOTES; AUTHORIZING OTHER APPROPRIATE AND NECESSARY ACTIONS IN CONNECTION WITH THE DELIVERY OF SUCH NOTES; APPOINTING A PAYING AGENT AND REGISTRAR FOR SUCH NOTES; AND SPECIFYING AN EFFECTIVE DATE HEREOF. WHEREAS, the Board of. County Commissioners of Indian River County, Florida (the "Board" and the "County", respectively), by Resolution No. 86-36, duly adopted on June 18, 1986, as amended and supplemented (the "Note SAID RESOLUTIONS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN THEIR ENTIRETY. 84 OMB Director Baird believed we need a good faith check, and Mr. Pauzar advised that it is in the mail and will be here tomorrow. Gael Penland representing Raymond James s Assoc. expressed their pleasure in working with staff, and felt their actions in the volatility of this market demonstrates the commitment Raymond James has to public finance and to Indian River County in particular. DOCUMENTS TO BE MADE A PART OF THE MINUTES A. Resolution 87-66 providing for paving and drainage improvements to Dixie Heights Subdivision, Piney Oakes Subdivision and abutting property is hereby made a part of the Minutes as approved at the Regular Meeting of July 14, 1987. RESOLUTION NO. 87-66 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO DIXIE HEIGHTS SUBDIVISION, PINEY OAKS SUBDIVISION AND ABUTTING PROPERTY IN THIS AREA. PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, on January 8, 1986 the Indian River County Board of County Commissioners instructed the Indian River County Public Works Department to explore the possibility of implementing a Special Assessment Paving and Drainage Improvement Program for the streets in Dixie Heights, Subdivision,* Piney, Oaks Subdivision and abutting properties In this area; and WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is ONE MILLION, NINETEEN THOUSAND, FOUR HUNDRED SIXTY DOLLARS ($1,019,460.00); and WHEREAS, the special assessments provided hereunder, shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project and comput2d on the number of potential number of buildable lots"which are owned by the given owners in relation to the total number of parcels within the area specially benefited, and 85 DEC 9 1987 Bou 70 GE 6, �oalc 7Q 33 WHEREAS, the special - assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-42, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25a) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in five (5) equal installments, the'first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: ALL OF DIXIE HEIGHTS, UNIT 1 as recorded in Plat Book 4, Page 74 of Indian River County. ALL OF DIXIE HEIGHTS, UNIT 1-A as recorded in Plat Book 4, Page 85 of Indian River County. ALL OF DIXIE HEIGHTS, UNIT 2 as recorded in Plat Book 4, Page 83 of Indian River County. ALL OF DIXIE HEIGHTS, UNIT 3 as recorded in Plat Book 4, Page 84 of Indian River County. Portions of DIXIE HEIGHTS, Unit 4 as described; Lots 1 thru 7, Lots 10 thru 17, Block L; Lots 1 thru 20, Block M; Lots 1 thru 21, Block N; Lots 1 thru 10, Block 0; Lots 1 thru 10, Block P; Lots 1 thru 6, Block R as recorded in Plat Book 4, Page 91. Portions of DIXIE HEIGHTS, Unit 5 as described; Lots 1 thru 5 and Lots 7 thru 9, Block T; Lots 1 thru 4; and Lots 6 thru 8, Block U as recorded in Plat Book 5, Page 8 of Indian River County. ALL OF PINEY OARS S/D as recorded in Plat Book 12, Page 15 of Indian River County. The East 100' of the West 200 feet of the South 440 ft. of the North 88D ft. of the East } of the Southeast 'J of the Northeast of Section 25, Township 33 South., Range 39 East. The East 100 ft. of the West 400 ft. of the South 440 ft. of the North 880 ft. of the East # of the Southeast J of the Northeast, 25-33-39 as recorded (OR Book 646, PP 2370). The East 100 feet of the -..West 300 feet of the South 440 ft. of the North 880 ft. of the East # of the Southeast J of the Northeast of 25-33-39 (OR Book 637, PP 738). The West 100 ft. of the South 440 ft. of the North 880 ft. of the East } of the Southeast I of the Northeast J of 25-33-39. The West } of the Southeast of the Northeast i LESS the South 245 ft. of the East 145 ft. of 25-33-39 thereof.. The East 5 acres of the West one-half of the Southeast one-quarter of the Southeast one-quarter of the East Lateral J as recorded in the OR Book 483, Page 148 and the OR Book 717, Page 2742 of the Public Records of Indian River County, Florida. 86 _ M The South 160 feet of that part 'of the Southeast one-quarter of the Southeast one-quarter lying East of Lateral "J" Canal, LESS right-of-ways as recorded in OR Book 666, Page 555 of the Public Records of Indian River County, Florida. The Southeast one-quarter of the Southwest one-quarter, LESS the North one-half, lying East of US Highway 1, and Highway and Railway right-of-way. The South 245 feet of the East 145 ft. of the West one-half of the Southeast one-quarter of the Northeast one-quarter. The West one-half of the Southeast one-quarter LESS the South 245 ft. of the East 145 ft. thereof; being situated in Indian River County, Florida. The West three-quarter, of the West one-half of the Northeast one-quarter of the Southeast one-quarter, LESS Lateral J Canal as recorded in OR Book 598, Page 609 of the -Public Records of Indian River County, Florida. The North 106 feet of the South 266 feet of that part of the Southeast one-quarter of the Southeast one-quarter lyinf East of the Lateral J Canal LESS right-of-way as recorded in OR Book 678, Page 953 of the Public Records of Indian River County, Florida. Tract A, first replat in Vero Beach Highlands, Unit 1 as recorded in Plat Book 7, Page 40 of the Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage im- provements to Dixie Heights S/D, Piney Oaks S/D and abutting property in this area; heretofore designated as Public Works Projects No. 8616, is hereby approved subject to the terms outlined above and all applic- able requirements of Section 11-34, Indian River County Code of Laws and Ordinances. Eggert Commissioner The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Wheeler and, upon being put to a vote, the vote was as � follows : Chairman Don C. Scurlock, Jr. Aye Vice -Chairman -,Margaret C. Bowman Aye �Commissioner.-Carolyn K. Eggert Aye Commissioner'Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 14th day of July , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By .11 - - C_ 4:�& N C. SCURLOC , R. Chairman 87 BOOK 70 - F!• U•:3a34 DEC 8 1987 PooK 70 F .33 5, B. Lease with Action Hobbies in regard to a remote control auto racing facility on the Indian River Fairground property, approved at the Regular Meeting of November 24, 1987, having been fully executed and received, has been put on file in the Office of the Clerk. There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned at 3:20 o'clock P.M. ATTEST: Clerk Chairman 88