HomeMy WebLinkAbout10/24/1989BOARI ACTION & IMPLEMENTATION
•
BOARD OF COUNTY COMMISSIONERS'!
• INDIAN RIVER COUNTY, FLORIDA
WHOA
REGULAR MEETING
-OCTOBER 24, 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING.
1840 25th STREET
VERO BEACH, FLORIDA
•
I
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman '
Carolyn K. Eggert, Vice Chairman
Richard N. Bird
Margaret C. Bowman
Don C. Scurlock, Jr.
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
* * * * *•* * * * * * * * * * * * * * * * * *
9:00 AM 1. CALL TO ORDER
•+ 2. INVOCATION - none
Approved.
Approved.
Approved.
• Approved.
Approved.
Approved.
Approved.
Approved.
* * * * ;* * * *.* * * *s* * *
3. PLEDGE OF ALLEGIANCE - Commissioner Don C. Scurlock, Jr.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS • •
CONSENT AGENDA ITEM - 5L -Budget Amendmntreq.by Property Appraiser.
CONSENT AGENDA ITEM - 5M -Grant Appl.to DCA/funds land develognnt, regal•.
COUNTY ATTORNEY - - - 10B -Res. regarding Industrial Rev. Bonds/Profold, Inc. ,
COUNTY ATTORNEY - - - 10C•-3 Res's for -No. Co. Sur.Proj .Band Issue
5. CONSENT AGENDA
•
QCT, 2. 4 1989_
A. Approval of Minutes of Regular
Meeting of 9/12/89
B. Approval of Minutes of Regular
Meeting of 9/19/89
C. Approval of Duplicate Tax Sale
Certificate No. 860, in the sum
of $67.06 for Henry J. Fischer
D. Approval of Duplicate Tax Sale
Certificate No. 1238, in sum of
$275.15 for Henry J. Fischer
E. Approval of Duplicate Tax Sale
Certificate No. 1211 in sum of
$76.24 for Nancy Smith
F. Return of Remainder of .Special
Election Account
(Memorandum dated"10/17/89)
G. Authorization to Record Lien
941 9th St., SW;.Hammons
(Memorandum dated 10/12/89)
H. Release of County liens
(Memorandum dated 10/18/89)
BOOK E
DelT 2 4. 1989
Approved.
Moved to 7134.
Approved.
Approved.
Approved.
9:05 AM
BOOK
5. CONSENT AGENDA - CONTINUED
I. Budget Amendment 005, Golden Sands
Crossover
(Memorandum dated 10/18/89)
J. Partial Vacation of Plat
Park Shores
(Memorandum dated 10/18/89)
K. IRC Bid #89-91, Misc. Intersection
Improvements Part A
(Memorandum dated 9/18/89)
Property Appraiser Budget Amendment
Dept. of Comm. Affairs Gran% Application
6. CLERK TO THE BOARD
none
7. A. PUBLIC DISCUSSION ITEMS
none
• B. PUBLIC HEARINGS
Res. 89-136 adopted E
approved staff's rec.
Tabled until there is a full
Board - possibly 11/21/89 -
Applicant needs to re -
advertise. •
4
•
Accept staff's rec. &
revised water & sewer
Approved.
•
rates.
1)
Roseland Volunteer Fire
Department request for the
Abandonment of 80th Ave.
(Memorandum dated 9/27/89)
2) Central Assembly of God's
request for Special Exception
Approval for a 320' Radio
Transmission Tower .
{Memorandum dated 10/13/89)
3) Acquisition of Purowater ,
Utility Systems, Inc., which
serves River ltun Development, Inc.
(Memorandum dated 9/22/89)
Partial vacation of plat of Park Shores
ADMINISTRATOR'S MATTERS
8.. COUNTY
•
78 .F.
none
9. . DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
none
B. EMERGENCY MANAGEMENT
none
C. GENERAL SERVICES
none
;I
D. LEISURE SERVICES
none
E. OFFICE OF MANAGEMENT AND BUDGET
none
F. PERSONNEL
none
•
! • . i
•
1
•
•
1
;
I .
♦ 'I.
I
Approved.
Approved.
Approved.
Approved.
'
9. DEPARTMENTAL MATTERS'- CONTINUED
G.
Res. 89-138 adopted.
Auth. staff to request the
Tourist Dev. Comm. to rec.
that the 14 sales tax/or
general revenue be used
for this project.
PUBLIC WORKS
1.
Right-of-way Acquisition,.
74th Ave. South of SR -60
Philip and Deborah Delange
Lot 17,_Westlake Estates
(Memorandum dated 10/10/89):.
2. Golden Sands Park Dune
Crossover, Change Order No.` 2
(Memorandum dated 10/16/89)
3. Request for Waiver of Flood-'
plain Cut and Fill Balance
for Moon River PRD
(Memorandum dated 10/16/89).
4. Request for Additional Funds
for Water Quality Testing -
14th St. Canal Dredging
(Memorandum dated 10/16/89);
5. Adoption of Resolution for Grant
from the DNR, Treasure Shores Park
(Memorandum dated 10/18/89)
H. UTILITIES
none
10. • COUNTY ATTORNEY
Accept staff's rec.
Res. :.89-139
Res. '89-133
Res. 89-134
Res. 89-135
;.
A. Associates Management Group,• -Inc. v.
IRC: Settlement Offer
(Memorandum dated 10/18/89)
Q Profold Industrial Revenue Bonds
11. COMMISSIONERS ITEMS
A. CHAIRMAN GARY C. WHEELER
B. VICE' CHAIRMAN CAROLYN K. EGGERT'.
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER MARGARET C. BOWMAN
E. COMMISSIONER DON C. SCURLOCK, JR.
12. SPECIAL DISTRICTS
none
10 C. No. Co. Sewer Special assessment Revenue 'Bonds
Res. amending the Bond Resolution
Res. imposing
Res. awarding.
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS'
MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL
BE BASED.
\4rT 2 41989
BCE 78 yr 91'
Tuesday, October 24, 1989
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,
October 24, 1989, at 9:00 o'clock A.M. Present were Carolyn K.
Eggert, Vice Chairman; Margaret C. Bowman; and Don C. Scurlock,
Jr. Absent were Gary C. Wheeler, Chairman and Richard N. Bird,
both of whom were out of state on vacation. Also present were
James E. Chandler, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph Baird, OMB
Director; and Virginia Hargreaves, Deputy Clerk.
Vice Chairman Eggert called the meeting to order, and
Commissioner Scurlock led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Vice Chairman Eggert had several additions - she asked that
a Budget Amendment requested by the Property Appraiser be added
to the Consent Agenda as Item 5L and that a Grant Application to
the DCA for funds for preparation of our land development regula-
tions be added to the Consent Agenda as Item 5M. She informed
the Board that Consent Agenda Item 5J regarding partial vacation
of the plat of Park Shores was advertised as a Public Hearing,
and it should be transferred to the Public Hearing section on the
Agenda as Item 7B(4).
County Attorney Vitunac requested the addition under his
items of a Resolution regarding Industrial Revenue Bonds for
Profold, Inc. and also 3 Resolutions needed for the North County
Sewer Project Bond issue; these to be Items 10B and 10C.
OCT 2 41989
BOOK 78 FA`uE
OCT 24
99
BOOK 78 F.1GE 21b
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
addition and transfer of items as described above on
the Agenda.
CONSENT AGENDA
Commissioner Scurlock asked that Item I be removed from the
Consent Agenda for discussion and noted that Item J has been
transferred as it is a public hearing.
A. Minutes of Regular Meeting of September 12, 1989
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of September 12,
1989. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
Minutes of the Regular Meeting of September 12, 1989,
as written.
B. Minutes of Regular Meeting of September 19, 1989
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of September 19,
1989. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
Minutes of the Regular Meeting of September 19, 1989,
as written.
2
C. Approval of Duplicate Tax Sale Certificate (Fischer)
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
issuance of Duplicate Tax Sale Certificate No. 860 in
the sum of $67.06 for Henry J. Fischer.
D. Approval of Duplicate Tax Sale Certificate (Fischer)
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
issuance of Duplicate Tax Sale Certificate No. 1238 in
the sum of $275.15 for Henry J. Fischer.
E. Approval of Duplicate Tax Sale Certificate (N. Smith)
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
issuance of Duplicate Tax Sale Certificate No. 1211 in
the sum of $76.24 for Nancy Smith.
F. Return of Remainder of Special Election Account
The Board reviewed memo from Ann Robinson, Supervisor of
Elections:
OCT 2 4 1989
3
BOOK l8 f'14. 216
CT241999
October 17, 1989
TO: HON. GARY C. WHEELER, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
BOOK 78 FAME 217
RE: RETURN OF REMAINDER OF SPECIAL ELECTION ACCOUNT
FOR CONSENT AGENDA OF BCC ON OCTOBER 24, 1989
At the end of fiscal year 1988-89, there was $22,783 left
in the special elections account, 001-700-519-036.74, for
the McKee Jungle Gardens referendum on November 7, 1989.
That amount reverted to the BCC at the end of the fiscal year.
Please authorize the remainder of $22,783 as an amendment to
the elections budget of 1989-90. It will go back into the
special elections account, 001-700-519-036.74.
Thank you.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) authorized the
return of the $22,783 to the special elections account
001-700-519-036.74, as requested by the Supervisor of
Elections and approved Budget Amendment #008, as follows:
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER:
008
DATE: OCTOBER 24, 1989
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/Cash Forward
001-000-389-040.00
$22,783.00
$ 0
EXPENSE
GENERAL FUND
Supervisor of Elections/
Bud Tran -Supervisor
001-700-586-099.11
$22,783.00
$ 0
G. Authorization to Record Lien for Costs of Removal of Structure
(941 9th St. SW - HammonsT--
The Board reviewed memo from Building Director Rymer:
4
TO:"
James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Robert M. Keating, AICP
Director, Communit 'DevLlopment Department
DATE: October 12, 1989
SUBJECT:
Authorization to Record Lien
941 9th Street, S.W.
Parcel # 25-33-39-00001-0020-00001.0
J. A. Hammons and Lucille Hammons
FROM: Ester L. Rymer, Direc
Building Division
It is requested that the data herein presented be given formal con-
sideration by the Board of County Commissioners at their regularly
scheduled meeting of October 24, 1989.
DESCRIPTIONS AND CONDITIONS:
On September 6, 1988, the Board of County Commissioners passed
Resolution 88-55 authorizing the Building Official to proceed on an
emergency basis in nuisance abatement of abandoned and dilapidated
buildings being utilized in the illegal dealing of crack cocaine in
the vicinity of Oslo Road:..
Several buildings were involved. In some eases, the owners handled
the demolition; in other cases, the Building Official was left with
no choice but to have the buildings demolished by County crews.
The subject building was demolished by County Crews. To date, the
owners have failed to- make restitution to the County for the costs of
removal.
RECOMMENDATION:
Staff requests the Board of County Commissioners authorize the County
Attorney's office to cause a Lien to be filed of record for the costs
of removal against the owner of the subject property pursuant to In-
dian River County Code Section 4-22.
OCT 2 4 1989
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
filing of a lien for costs of removal against the owner
of the above described property.
5
BOOK b' 3 FAa
�L)
.1OCT24 i989
LIEN
BOOK 78 FML 219
THIS LIEN, filed the 24th day of October , 1989
by INDIAN RIVER COUNTY, a politTcal subdivision otthe State
of Florida, pursuant to the authority of Indian River County
Code of Laws and Ordinances, Chapter 4, Article II, Sections
4-16 through 4-24, for cost incurred by the Board of County
Commissioners of Indian River County, Florida, .to remove a
nuisance structure from property located within Indian River
County, and described as follows:
Lot 1, Block 2, Pompeys Subdivision,
said plat being recorded in Plat Book 2,
Page 69, of the Public Records of Indian
River County, Florida.
Parcel #25-33-39-00001-0020-00001.0
The names of the record owners
above-described property are:
J. A. HAMMONS and LUCILLE HAMMONS
of the
THIS LIEN is filed to secure the payment of Three
Thousand Four Hundred Seventy -Four and 58/100 Dollars
($3,474.58), against the owners by the undersigned, for the
cost of demolition and removal of the structure on the real
property.
THIS LIEN shall, from the date of filing, accrue
interest at the rate of twelve percent (12%) per annum,
until the total amount, including interest, has been paid.
ATTEST:
dir /
:rcey
Clerk o
Barto
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS
By
Carolyn K. Egge't, Vice
airman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
WILLIAM G. COLLINS II
ASST. COUNTY ATTORNEY
Before me personally appeared CAROLYN K. EGGERT as
Chairman of the Board of County Commissioners, and Jeffrey
K. Barton, as Clerk of Circuit Court, to me well known and
known to me to be the persons described in and who executed
the foregoing instrument and they acknowledged before me
they executed same.
WITNESS my hand and official seal this &day of
1989.
My Commission Expires:
VIRGINIA NI. HARGREAVES
Stats of Florida
My Comm. Exp. July 8, 1990
6
tary
-)V41
Irid;n diver Cl ,a(:(ir avid
Admin.
Legal
Budgel
Dept.
Risk Mgr.
Atilt
Date
Vice
H. Release of County Liens
The Board reviewed memo from the County Attorney's Office:
TO: Board of County Commissioners
FROM: Lea R. Keller, County Attorney's Office
DATE: October 18, 1989
RE: CONSENT AGENDA - BCC MEETING 10/24/89
RELEASE COUNTY UTILITY LIENS
I have prepared the following routine lien -related documents
and request the Board authorize the Chairman to execute
them:
Release of Assessment Lien
Tax I.D. #06-31-39-00005-0002-00001.0
(North County Sewer Project)
in the name of CITY OF SEBASTIAN
Release of Assessment Lien
Tax I.D. #25-30-38-00007-0000-00014.0
(North County Sewer Project)
in the name of LOUISE BOULINEAU
Release of Assessment Lien
Tax I.D. #36-30-38-00003-0000-00001.0
(North County Sewer Project)
in the name of WILFORD A. BUHR
Release of Assessment Lien
Tax I.D. #20-31-39-00001-0000-00108.0
(North County Sewer Project)
in the name of LEWIS R. WORCHESTER
Release of Assessment Lien
Tax I.D. #33-31-39-00002-0000-00005.0
(North County Sewer Project)
in the name of SHIRLEY W. WEST MYERS
Release of Assessment Lien
Tax I.D. #21-31-39-00000-0040-00003.0
(North County Sewer Project)
in the names of CLIFFORD RICHARDSON and
ORPHA RICHARDSON
Back-up information for the above documents is on file in
the County Attorney's Office.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) authorized the
Vice Chairman to execute the above listed Releases.
COPIES OF SAID RELEASES ON FILE IN OFFICE OF CLERK TO THE BOARD.
7
OCT 2 41989
BOOK 68 FAU 220
OCT 2
98S BOOK 78 ML 2 i
I. Budget Amendment #005 - Golden Sands Crossover
The Board reviewed memo from OMB Director Baird:
TO: Members of the Board
of County Commissioners
DATE: October 18, 1989
SUBJECT: BUDGET AMENDMENT 005 -
GOLDEN SANDS CROSSOVER
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
Staff had anticipated having completed the Golden Sand Dune Crossover
in the 1988/89 fiscal year and therefore did not budget for it in the
1989/90 fiscal year. Since the project is still under construction a
budget amendment is necessary to appropriate funds in the 1989/90
fiscal year. The attached budget amendment increases the Cash
Forward balance as of October 1 and increases the expense line item
"Construction in Progress" to pay for the dune crossover.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve budget
amendment 005.
Commissioner Scurlock wished to be certain that this is just
a carry forward of the cash from the previous budget year and
then an adjustment of a line item and that we are not going into
contingencies or reserves, and this was confirmed by staff.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved
Budget Amendment #005, as follows:
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Directo
SUBJECT: BUDGET AMENDMENT
NUMBER:
005
DATE: OCTO ER 18. 1989
Entry
Number
Funds/Department/Aocount Name
Account Number
Increase
Decrease
1.
REVENUE
GOLDEN SANDS
Cash Forward
310-000-389-040.00
$10.122.00
$ 0
EXPENSE
GOLDEN SANDS
Construction in Pioaress
310-143-512-066.51
S10.122.00
S 0
8
J. Partial Vacation of Plat (Park Shores)
This item has been transferred to the Public Hearing items.
K. Bid #89-91 - Misc. Intersection Improvements Part A
The Board reviewed memo from Purchasing Manager Mascola:
DATE: September 18, 1989
W: BOARD OF COUNTY CalMISSIONERS
THRU: Janes E. Chandler, County Admini ator
H.T. "Sonny" Dean, Director
Department of General
FRaM: Dominick L. Masco]) tJ O Manager
Division of Purchasing
SUB): IRC BID#89-91-NISC. INTERSECITON IMPROVEMENTS PART A
BACKGROUND:
The Subject Bid for Misc.Intersection Improvements was properly
advertised and Twenty (20) Invitations to bid were sent out.
On Aug. 30, 1989, bids were received. Three (3) vendors submitted
proposals for the commodity.
ANALYSIS:
Staff has reviewed the submittal to ascertain adherence to
specifications. Dennis L. Smith & Signal Construction was
the low bidders that net all requirenents for the -following:
8th Street and 20th Avenue.
Award Option B to Dennis L. Smith in the amount of $140,329.89
Award Option C to Signal Construction in the amount of $28,850.00
s•
8th Street and 43rd Avenue
Award Option B to Dennis L. Smith in the amount of $72,420.86
Award Option C to Signal Construction in the amount of $29,090.00
45th Street and•43rd Avenue
Award Option A to Dennis L. Smith in the amount of $932.76
Award Option B to Signal Construction in the amount of $28,400.00
FUNDING:
Monies for this project will come from Public Works Budget Accounts.
RECOMMENDATION:
Staff recommends the Award of a Fixed Contract for $213,683.51
to the low bidder, Dennis Smith and $86,340.00 to Signal Construction
for the Subject Bid.
9
flr.T 24198
BOOK 10 ['AGE 222
OCT 2 4 1989
BOOK
116 PAGE 23
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) awarded Bid
#89-91 for Misc. Intersection Improvements as described
above and approved a fixed contract with Dennis L. Smith
in the amount of $213,683.51 and a fixed contract with
Signal Construction in the amount of $86,340.00 as
recommended by staff per the following Bid Tabulation:
' BOARD OP COUNTY COMMISSIONERS
1840 255th Street Vero Beech. Florida neo
sivER
�'.
TM.Mo...: 1301 M711000
♦
Recommended Award DENNIS L. SMITH O‘
8th Street S Ave. 8th Street i $rd Ave
Oate Aug. 30. 19P
PURCHASING DEPT.
BID TABULATION
Submitted By Dominick L iota
PURCHASING MANAGER
Bid No. 189-91 Dote Of Open.ng Aug.30, 1989
Bid Title MISC. INTERSECTION IMPROVEMENTS PART A '
45th Street I. 43rd Ave
1.
Dennis L. Smith, Inc.
Option A.
$171,421.84
A. $103,804.06
A. $ 932.76
Post Office Box 2954
B.
$140,329.89
8. $ 72,420.86
B. 6 30,168.00
Vero Beach, F1 32961-2954
C.
$ 31,092.00
C. $ 31,383.20
•
2.
Dickerson Florida, Inc.
A.
$224,181.79
A. $124,807.79
A. $ 993.60
P. 0. Drawer 719
8.
$197,076.29
8. $ 97,506.59
B. $ 27,322.00
•
Stuart, F1 34995
C.
$ 27,105.00
C. $ 27,301.20
a_
Signal Construction Co.
A.
$ N/A
A. a N/A
A. 5 N/A
B. 6 28,400.00
•
33 Commerce Way '
B.
$ •N/A
B. .$ N/A
,.
Jupiter, F1 33458
C.
$ 28,850.00
C. $ 29,090.00
SAID CONTRACTS ON FILE IN OFFICE OF CLERK TO THE BOARD.
10
L. Budget Amendment for Property Appraiser
The Board reviewed memo from the OMB Director:
TO: Members of the Board
of County Commissioners
DATE: October 19, 1989
SUBJECT: PROPERTY APPRAISER BUDGET
AMENDMENT FOR THE 1988/89
FISCAL YEAR IN THE AMOUNT
OF $12,230
EMERGENCY ITEM
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The Property Appraiser is requesting permission to amend his 1988/89
budget (old year) to utilize excess fees to pre -pay $12,230.00 of the
principal payment on a computer contract. The Property Appraiser's
staff is requesting this because it would save the County money since
it would decrease the interest expense in the future.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached Property Appraiser's budget amendment.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved the
following Budget Amendment as requested by Property
Appraiser Nolte:
OGT 2 41900 11
r't�
i
BOOK. FA E ►d2
OCT 2419 9
DR -404 PA
N. 1/86
County Indian River
PROPERTY APPRAISER
BUDGET TRANSFER/AMENDMENT
Year ending September 30 19 89
OFFICIAL
David C Nolte
BOOK i 8 ME 2
Request Number
B/A 2
B/T
DATE 10-18-89
APPROPRIATION CATEGORY
$ FROM
$ TO
JUSTIFICATION
NUMBER OF POSITIONS
10 PERSONAL SERVICES
I I OFFICIAL'S SALARY
12 REGULAR SALARIES
13 OTHER SALARIES (TEMP.)
14 OVERTIME
15 SPECIAL PAY
21 F.I.C.A.
22 RETIREMENT
23 LIFE & HEALTH INSURANCE
24 WORKMAN'S COMP.
25 UNEMPLOYMENT COMP.
30 OPERATING EXPENSES
31 PROFESSIONAL SERVICES
3151 E.D.P.
3152 APPRAISAL '
3153 MAPPING
3154 LEGAL
3155 OTHER
32 ACCOUNTING & AUDITING
33 COURT REPORTING
34 OTHER CONTRACTUAL. SERV.
40 TRAVEL & PER DIEM
41 COMMUNICATIONS
42 TRANSPORTATION
4251 POSTAGE
4252 FREIGHT
4253 OTHER
43 UTILITIES
44 RENTALS & LEASES
4451 OFFICE EQUIPMENT
4452 VEHICLES
45 INSURANCE
46 REPAIRS & MAINTENANCE
4651 OFFICE
-
4652 VEHICLES
'
47 'PRINTING & BINDING
48 PROMOTIONAL ACTIVITIES
49 OTHER CURRENT CHARGES
4951 LEGAL ADVERTISEMENTS
4952 AERIAL PHOTOS
4953 OTHER
51 OFFICE SUPPLIES
5151 MAPS AND CHARTS
5152 OTHER
52 OPERATING SUPPLIES
54 BOOKS, PUBLICATIONS, ETC.
5451 BOOKS
5452 SUBSCRIPTIONS
5453 EDUCATION
5454 DUES/MEMBERSHIPS
60 CAPITAL OUTLAY
6451 E.D.P.
6452 OFFICE FURNITURE
6453 OFFICE EQUIPMENT
6454 VEHICLES
66 BOOKS
li
fees
70 DEBT SERVICE
IIMOMMJ
omenexcess
oort3 on of rompoter
EDP CONTRACT RESERVE
0
12230
rcntract
90 NON-OPERATING (CONTINGENCY)
•
INCREASE (DECREASE)
12230
•BUDGET
TOTAL
$12230
$12230
'''Y-
pf'/J Y�
(Official)
Approval
Pursuant to Section 195.087(1)(a) and (2), F.S., the Division of Ad Valorem Tax has reviewed and hereby approves th6 request.
Date
12
M. Grant Application to the DCA
The Board reviewed memo from Community Development Director
Keating:
TO:
FROM:
DATE:
SUBJECT:
James Chandler
County Administrator
Robert M. Keating, AICP QMk
Community Development Director
October 23, 1989
DEPARTMENT OF COMMUNITY AFFAIRS
GRANT APPLICATION
It is requested that the data herein presented be- given formal
consideration by the Board of County Commissioners at their
regular meeting of October 24, 1989.
DESCRIPTION & CONDITIONS:
Recently, the county was notified by the state Department of
Community Affairs (DCA) that Indian River County has been
allocated $49,816 in grant funds for preparation of its land
development regulations. To receive these funds, an application
must be submitted to DCA by October 30, 1989.
ALTERNATIVES & ANALYSIS:
According to Florida Administrative Code, Indian River County
must adopt revised land development regulations consistent with
its updated comprehensive plan within one year of its plan
submission date. So the reviewed land development regulations
must be adopted by September 1, 1990. The subject grant will
provide a portion of the necessary funds to prepare the land
development regulations.
RECOMMENDATION:
The staff recommends that the Board of County Commissioners
authorize the chairman to execute the attached grant application.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman,
being absent, the
the Vice Chairman
Commissioner Bird and Chairman Wheeler
Board unanimously (3-0) authorized
to execute Grant Application to the
DCA as described above.
OCT 2 4 199
13
22
1989
BOOKX10 PGE 227
APPLICATION FOR
LOCAL GOVERNMENT LAND DEVELOPMENT
REGULATION ASSISTANCE FUNDS
TO BE SUBMITTED TO: Bureau of Local Planning
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
I. GENERAL INFORMATION (To be completed by all applicants.)
a. Local Government: City
(Municipalities:
Please indicate
county location) County Indian River County
b. Address: 1840 25th Street
City: Vero Beach. FL Zip: 32960
c. Chief Elected Official: Gary C. Wheeler, Chairman BCC
d. Name of official to receive state warrant:
Robert M. Keating, AICP, Community Development Director
Address: 1840. 25th Street
City: Vero Beach. FL Zip: 32960
e. Local contact person (not a consultant)
Robert M. Keating. AICP
Title: Community Development Director
Address: 1840 25th Street
City: Vero Beach, FL Zip: 32960
Telephone: (407) 567-8000, Ext 254
f. Federal ID Number: 596000674
g
Required land development regulations adoption date,
pursuant to Section 163.3202, Florida Statutes, and
Rule Chapter 9J-12, Florida Administrative Code,: 9/1/90
II. CERTIFICATION (To be completed by all applicants.)
The applicant certifies that, to the best of his/her
knowledge, the data in this application are true and correct, and
the filing of the application has been requested by the governing
body of the Applicant.
gnatureChief Elected Official Date
RPM/LP(8/89)
14
III. SUBCONTRACTOR INFORMATION (To be completed only by
applicants whose land development regulations are due after
December 1, 1989.)
Will work be subcontracted?
Yes No X
The Department must be forwarded a copy of all subcontracts
within 10 days after their execution.
IV. BUDGET (To be completed only by applicants whose land
development regulations are due after December 1, 1989.)
Please identify the approximate dollar expenditures for each
of the categories below.
Salaries
Consultant Fees
Expenses
Travel
Overhead
Other (specify)
TOTAL:
$44505.62
$5310.38
$49816.00
Please be aware that these funds cannot be used for capital
purchases. Any mileage reimbursement should not exceed $.20/mile.
V. REQUEST FOR ADVANCE PAYMENT (To be completed only by
applicants whose land development regulations are due after
December 1, 1989.)
Is an advance payment requested? (No greater than 25% of total
allocation).
Yes Amount
No
X
•
If yes, please attach justification for the advance,
describing the necessity and the proposed use of the advance
payment.
RPM/LP(8/89)
OCT 2 4199
15
BOOK 78 FAGF '"2
OCT 2 4 'U9S9
BOOK .78 PAGE &9
Attachment A
A. SCOPE OF SERVICES - Describe, in outline form, the work
products that will be completed during this contract period
using only the allocated funding. Identify, in the column to
the right, the specific sections of Chapter 163, Part II,
Florida Statutes, that will be completed by each work item
listed. (If necessary, please copy this page and continue).
WORK PRODUCTS SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-29, F.A.C.
1. Report which explains
the LDRs are consistent
with and implement the
adopted comprehensive
plan, as required by
s.163.3202(1), F.S.
2. Report which includes
draft land development
regulations for:
- The subdivision of land
- The implementation of t
land uses categories
- The control of land
uses and activities
within identified cone
of influence
- The control of areas
subject to flooding
- The provision of adequa
drainage facilities
- The Protection of en-
vironmentally sensitive
lands
- The Regulation
sinage
9J -29.005(2)(e), F.A.C.
S.163.3202(2)(a),F.S.
9J-24.003(1)(a),F.A.C.
S.163.3202(2)(b), F.S.
9j -24.003(1)(b), F.A.C.
S163.3202(2)(c), F.S.
9J-24.003(1)(c),F.A.C.
S.163.3202(2)(d), F.S.
9J -24.003(1)(d), F.A.C.
e S.163.3202(2)(d),F.S.
9J -24.003(1)(e), F.A.C.
S.163.3202(2)(e), F.S.
9J -24.003(1)(f), F.A.C.
of S. 163.3202(2)(f)F.S.
9J -24.003(1)(g), F.A.C.
- The provision of public
facilities and services
RPM/LP(8/89)
16
5.163.3202(2)(8), F.S.
J -24.003(1)(h), F.A.C.
PUBLIC HEARINGS
Vice Chairman Eggert announced that it
people have a right to request cancellation
is Board policy that
of a public hearing
if a full Board is not present, and she wished to note that she
will not be present for the Regular Meeting of November 7th and
Commission Scurlock will not be present for the Regular Meeting
of November 14th.
ROSELAND VOLUNTEER FiRE DEPT. REQUEST ABANDONMENT OF 80TH AVE.
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:
,t .
-`t Vero Beach. Indian River County, Florida
VERO BEACH PRESS -JOURNAL
Published Daily
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Beforb 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 412/41/90
•
in the Court, was pub -
/Mr
',=dished in said newspaper in the issues of
•
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
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.. dW)1.1).
dSworn to and subscribed before me thi day of 19 O 9
(SEAL)
OCT 2 41989
.:Wray evbsc, State at Florkie
q!+/ .5toltasa,kme29, 1993
17
NOTICE OF tz1JBLlOIitJIRll
Notice of hearing to consider a petition for the
- dosing, abandonment, and vacation of a option
• of 80th Avenue between 129th Court and 129th .,
Street In Roseland. Lying and. ba1gi
River County, Florida _ - ' :' ' , %-' .-' s '.
.A public hearing•, at Whict1::t .1n;
r and citizens shall ttave.:an opporiunfty,l
heard, will be held by' the Board ot.County' C9m=:
missioners of Indian River County:Florida in the;
County Commission Chambers of the —
Administration . Building located' at: 1840:
. Street Vero Beach, .Flarlda, on Tuesday,. Octo-
ber 24. 1989 at 9:06 a m. ',.?7'f d'F' i%43iirI
Anyone who may wish to appealing d
which may be made at this meeting will weed to.
•. ensure that a verbatim record of the proceed':
trigs is made which Includes the testimony and
evidence upon which the will be based;
r s; INDIAN RIVER COUNTYi;•.tjte.R,:=43'7(;:
BOARD OF COUNTY COMMISSIONERS
-•• • --'-. BY -s -GARY WHEELER, CHAIRMAN "a
October 3,1989..+; . 't:eAa .;;; attil..I.•.ttl" *ism'
a8
ROOK � .FADE 230
IOCT 24J X989
BOOK
Chief Planner Stan Boling made the staff presentation:
FAut 231
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Ro • ert M Kea tifiii
Community Developmen 7 Director
THROUGH: Stan Boling, AICP
Development
Chief, Current
FROM: John W. McC
Staff Plann
r nt Development
DATE: September 27, 1989
SUBJECT: ROSELAND VOLUNTEER FIRE DEPARTMENT REQUEST FOR THE
ABANDONMENT OF 80th AVENUE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of October 24, 1989.
LOCATION AND DESCRIPTION:
John F. Morrison, on behalf of the Roseland Volunteer Fire Depart-
ment, has submitted a petition for the abandonment of a portion of
80th Avenue between 129th Street and 129th -Court. Per guidelines
established by the Board of County Commissioners,the petition was
reviewed by all County divisions and utility providers having
y= -jurisdiction within the right-of-way. All reviewing agencies have
recommended approval of the abandonment with Utilities and Public
Works recommending that approval be granted with conditions that
certain easements be retained.
fl ANALYSIS:
Presently, the 80th Avenue right-of-way is a paper street and
unimproved. The applicant has not indicated any future use of the
right-of-way, but the abandoned right-of-way could be used for
expansion of Fire Department facilities. Even with an easement
being retained over the entire right-of-way, the applicant would
benefit since the easement could be counted as required setback
area, thus increasing the lot's buildable area.
The Utilities Department has recommended that an easement be
retained for possible future use with the expansion of the North
County Regional Wastewater collection system. Public Works has
recommended that the entre right-of-way be retained as a drainage
easement because the St. John's Water Management District will
require additional stormwater retention when area roads are paved.
Given the property ownership characteristics of the area, there is
a potential for the interior lots of block 28 to be land -locked if
this right-of-way is abandoned. Currently lots 1, 2, 3, 8, 9, 10
are owned by the Fire Department,and lots 4, 5, 6, 7 are owned by
another party. The owners will both need to execute unity title
forms for their respective lots prior to the abandonment being
recorded to ensure frontage (on other existing roads) for these
parcels. The County staff, as of yet, has been unable to contact
the owner of the adjacent lots to see if he would consent to
executing a unity of title. The resolution should not be executed
unless the adjacent lot owner executes the unity of title form.
18
RECOMMENDATION:
Staff recommends that the County abandon its rights to the subject
portion of 80th Avenue and that the Chairman of the Board of
County Commissioners be authorized to execute the attached resolu-
tion (Attachment #3), with the following conditions:
1. that a drainage and utilities easement be retained over
the entire subject right-of-way; and
2. prior to this resolution being executed, that unity of
title forms be executed and recorded for lots 1, 2, 3,
8, 9, 10 and lots 4, 5, 6, 7 by the respective owners.
ti
4STIAN
mai 11.3RD Y
iRY AVE
ROAD
1
AV
tit
21E9
DER AVE
EE T.
SEND CO T
ro o
RO LAN
82ND • AVENUE
N �
MST
81ST
N
N
80TH COURT
I1 W
o O
BOT AVFNIIF
N
79
Is
N f7
-11
r
m
z
ST. 80TH COURT
BEECH T 70TH C
- 78TH
OCT 2 4199
Subject;
R -O --W"
19
.dlTv -LIMITS
s
ROOK / 8 F.4 EX32
CT2E
980
BOOK
78 r. GE
V
Pj4
Commissioner Scurlock wished to be sure that when we draw up
the vacation, we make sure the language regarding retainment of a
drainage and utilities easement is broad enough to be inclusive
of all type of activities the County would normally be involved
with in the R/W.
Vice Chairman Eggert asked if anyone present wished to be
heard. There were none, and she thereupon closed the public
hearing.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
adopted Resolution 89-136 providing for the abandon-
ment of 80th Avenue between 129th Court and 129th
Street as requested by the Roseland Volunteer Fire
Department.
RESOLUTION NO. 89- 136
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING,
ABANDONMENT, AND VACATION OF 80TH AVENUE BETWEEN 129th
COURT AND 129TH STREET SAID LANDS LYING IN INDIAN RIVER,
COUNTY.
WHEREAS, on July 19, 1989 the County received a duly executed
and documented petition from John F. Morrison agent for the
Volunteer Fire Department of Roseland Florida, requesting the
County to close, vacate, abandon and disclaim any right, title and
interest of the County and the public in and to 80th Avenue
between 129th Court and 129th Street, said lands lying in Indian
River County, Florida.
WHEREAS, in accordance with Florida Statutes §336.10, notice
of a public hearing to consider said petition has been duly
published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said
right-of-way is not a state of federal highway, nor located within
any municipality, nor is said right-of-way necessary for continu-
ity of the County's street and thoroughfare network, nor access to
any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title and interest of the County and the public in
and to that certain right-of-way being known more particularly
described as:
20
From the POINT OF BEGINNING, the Southeast corner of Lot
6 Block 28 as shown on the plat of the Townsite of Roseland,
which plat is recorded in Plat Book 1, Page 43 of the Public
Records of St. Lucie County, Florida, run Easterly on the
production of the Southerly line of the aforementioned Block
28 to the Westerly line of Block 25 in the A.A. Berry Subdi-
vision, the plat of which is recorded in Plat Book 2, Page 14
of the Public records of St. Lucie County, Florida. Then run
Northerly along the said Westerly line to the
North -Westerly corner of the said Block 25. Then run
Westerly on the production of the Northerly line of the
said Block 25 to the Easterly line of Block 28 in the
Townsite of Roseland. Then run
Southerly along the Easterly line of Block 28 to the
POINT OF BEGINNING.
Lying in Indian River County, Florida.
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remissed and released, with the exception that the
entire property described above be retained as a drainage and
utilities easement and this easement is reserved in perpetuity
unto the County and the Public and shall not be deemed to have
been closed or abandoned in any way by this resolution.
2. Notice of the adoption ofthis resolution shall be forthwith
published once within thirty (30) days from the date of adoption
hereof; and
3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes 1336.10 in the Official Record Books of Indian River
County without undue delay.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Bowman , and upon being put to a vote, the
vote was as follows:
Chairman Gary C. Wheeler Absent
Vice -Chairman Carolyn K. Eggert ye
Commissioner Don C. Scurlock, Jr.y� e
Commissioner Margaret C. Bowman ye
Commissioner Richard N. Bird Absent
The Chairman thereupon declared the resolution duly passed
, 1989.
and adopted this 24th day of October
OCT 2 4 1989
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
Caroly K. Egg
Board •f Coun
21
C)
Vice Chairman
ommissioners
FOOF /8 rALE 734
BOOK .l3 GEr�J
CENTRAL ASSEMBLY OF GOD'S REQUEST FOR SPECIAL EXCEPTION APPROVAL
FOR A 320' RADIO TRANSMISSION TOWER
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
,"'N2 .
Published Dafy
.Vero
Beach. Indian River County. FloridaCOUNTY,OF..INDIAN RIVER: STATE OF FLORIDA
r Beforb the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
,r says 'that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
P at Vero Beach In Indian River County,•Florida: that,the attached copy of advertisement, being
• e' `7l.�c ';)
til`.'„y-'•��...
In the matter of
r r In the Court, was pub
Ibhedln said newspaper in the issues of
• Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
:. been continuously published in said Indian River County, Florida, each daily and has been
',.. entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
- ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and afflant 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.
• ;ate
Sworn to and subscribed before me this i' 3
"”(
(SEAL)
tae p Public, limed Feriae
�Ceaas4aleeEepeasJurr$ Its
r • Milos 01115 010 to C0rSid.4hI glv01mg
special ermentiral apprweal [or (t._ T
mission Tower. Tbe subject �ep00yb •
owned.by Finast I1bereirt a fto0,Street•
••. The sublecrpry le lying
A.d t* 3350 samara inyrgssyfeel West inTreci�pd1°en',
limaona. Toentship335,Range- 'a, E . ,° `
A Wee a Mddr'psrlkslt trgrres['
'mil , w ate have; Bo po pr Count
..mesad. missionary be tarn oelig Boardy.
Countnasdtrglan County, Irriha
ryty oonvnemn Chameers.of. the
I treet. Vero B Buemrw.*mated_sit 1540
.Street Vero Be 56 a.re. ,-. - mi039105,9F
•:r, "Anyone 74,1985 at hoewyy� :. y 4•-i••• l arY•yr'ded
which may be mads at thwish is meagre; need td•
ensure that a verbatim recordof the proceed-.
Ings b made. Milch includes testimony anct
densuponrnch Mea Mk.•'baserL
r.L.BO OF RNERCOUNTY ••y'SS ERS
• •- BrbrilARYwHEELER.utwarl
October 3,1989 �•xtM••'rr•t,t;.f,2vpty7
Attorney Bruce Barkett came before the Board representing
the Central Assembly of God. He advised that they want to have a
continuance of this item to the November 7th agenda and informed
the Board that they have notified the Clerk, the Planning staff,
and the people who live across the street, that they would like a
continuance until they can have more Board members present.
Commissioner Scurlock stated that he would prefer that this
be heard today sinceait seems we will not have a full Board for
several weeks, and advised that he will not second a Motion to
continue the item if one is offered.
22
Attorney Barkett stressed that they published in the
newspaper that they were going to ask for a continuance; they
wrote a letter to the people who were objecting; they also noti-
fied the Clerk to the Board and notified staff; so, they really
feel justified in requesting this continuance.
Discussion continued, and Commissioner Scurlock repeated
that he does not intend to second a Motion so he felt that takes
Attorney Barkett's options away.
County Attorney Vitunac advised that if a Motion is made,
the Chairman can second the Motion.
Commissioner Scurlock believed that is a change of policy,
and Attorney Barkett pointed out that the policy announced by
Vice Chairman Eggert earlier was that if two Commissioners were
absent, the Board would grant a request for continuance.
Commissioner Scurlock agreed that there has been a policy
that we would try to have a full Board present for a public
hearing. He noted that Commissioner Eggert will be absent for
the next meeting, and he will be absent the one after that; so,
he then would suggest a 90 day continuance because he did not
want to let Attorney Barkett pick which Commissioners may or may
not be here.
Attorney Barkett advised that he could agree with a continu-
ance to November 14th, but he has not been authorized to go
further.
Discussion continued regarding various dates, and it was
noted that the Board is the one that sets the date and a.full
Board will not be present until November 21st.
0 C 2 41989
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Scurlock to table Central Assembly of
God's request until November 21st when a full Board
can be present.
23
per, � � •6
BODK 8 F',4�JE 2►3
OCT 2 41989
BOOK 165 FiE 23'7
Attorney Vitunac suggested that we readvertise in view of
the long time period, and the Board had no objections.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 3-0 with Commis-
sioner Bird and Chairman Wheeler being absent.
ACQUISITION OF PUROWATER UTILITY SYSTEMS, INC., (RIVER RUN)
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 Beath, Indian River Couinty, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath PUBLIC NOTICE
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published On Tuesday, October 24, 1989, al 9:05 A M., the
at Vero Beach in Indian River County. Florida; that,the attached copy o1 advertisement, br.n19 Board of County Commissioners of Indian River
a tI
County, Florida. 1 meet in the County VeroABeach,
�-SJ Count Building at 11 me 29th Serest, minis-
FL, to consider acquisition of a water distribu-
tion system and sewer treatment and collection
t// ��c ,,may �) y/ system owned by 'PUROWATER UTILITY SYS-
- in the matter of (/./(.Il4T /fid %/ � �f�l equipment
INC., 1 a total
price to reel properly and
(/ thispublic
for a total proem of 5n about Prior
to this WbIlC ring. Information about the pro-
posed acquisition will be available for public In-
spection from Harry E. Asher, Assistant Director
of the Department of Utility Services. The public
Is Invited to attend the public hearing, at which
time the County win make a presentation puree-.
in file _ Court, was pub- ant to 129.3401, Florida Statutes, regarding the
advisability of this purchase.
X 1Vy Anyone who may wish to appeal am decision
i which may be made at this meeting will resod to
fished in said newspaper In the issues of ensure that a verbatim record of the proceed-
ings Is made. which Includes testimony and evi-
dance upon which the appeal Is based.
818391
October 2,1889
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 mall 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. c
Sworn to and subscribed before me this -{/- d-- day of V A D 19 b y c�
l
rw `-41-14- . 7
Tl i
( o ft.
udndian R1var�dearf l _ _..1 --
(SEAL)
Utilities Director Pinto reviewed the following:
24
DATE: SEPTEMBER 22, 1989
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO''
DIRECTOR OF UTILITY S VICES
PREPARED
AND STAFFED
BY:
SUBJECT:
HARRY E. ASHER
-No-
ASSISTANT DIRECTOR OF UTILITY SERVICES
ACQUISITION OF PUROWATER UTILITY SYSTEMS, INC., WHICH
SERVES RIVER RUN DEVELOPMENT, INC.
BACKGROUND
The Purowater Utility Systems, Inc., currently serves sixty-eight
customers within the River Run Development. An additional
twenty-nine units are to be connected within thirty days. Total
build -out of the project is projected at one hundred thirty-two
units.
The Wastewater Treatment Plant is an 0.027 million gallons per day
(MGD) extended air treatment process wastewater plant.
The Water supply is purchased from General Development Utilities,
Inc., through a master meter.
The utility wishes to -sell the systems and.,..as a result, the County
has been negotiating its purchase. -The-negotiated price at this
time is $20,000.00 for the facilities.
ANALYSIS
The acquisition cost of $20,000.00 is to _be applied as a credit
toward future River Run Development, Inc., water and wastewater
impact fees.
Water is purchased' from General Development Utilities through a
master meter at the following rates:
Base Facility. Charge:
Consumption Charge:
Reserved Capacity Charge:
$10.30
$1.17 per 1,000 gallons
$11.88 per unit
It is proposed to adopt the current Purowater rates of $20.00 per
ERU per month for the first 5,000 gallons, plus $1.99 per 1,000
gallons over 5,000 gallons, until such time as River Run Development
is connected into the County water system. Reserved capacity
charges will be billed at current General Development Utilities'
rates of $11.88 per unit. All other charges (i.e., wastewater)
shall be at current Indian River County rates.
Based upon an average usage of 5,000 gallons per month with the
above rates, the customers would realize an estimated reduction of
$2.33 in their monthly charges.
RECOMMENDATION
The staff of the Department of Utility Services recommends
Board of County Commissioners approve the proposed
agreement based upon the outcome of the Public Hearing.
9 CT 2 41989
25
that the
purchase
T
apoPVF �P. 3
OCT 2 Q 1989
BOOK 150 FAGi � u
Director Pinto explained that River Run development has
their own wastewater facility; however, they buy water under a
contract from General Development Corporation. We have
negotiated the takeover of this facility. There is an allowance
given for their wastewater treatment plant. We are not charging
back the purchase of that plant because the intent is to utilize
it probably at Blue Cypress Lake, and, therefore, it has no
benefit to the people at River Run. He continued that this
facility is scheduled to be connected into the North County
wastewater system within the next 18 months. It was suggested
that the best way to determine the rate structure, since there is
a contract with GDC for water, is to state it within our rate
structure and then show an imposed surcharge that would cover the
difference between our rate structure and the cost of the water
purchased from GDC, which is a Sebastian franchise.
Commissioner Scurlock stressed that we have been very con-
sistent in trying to maintain a uniform rate structure in the
county. We have always acquired utilities with them coming onto
the County rate structure and then the surcharge being on the
bill and very clearly indicating that surcharge was associated
with something specific. We have taken great pride in saying our
rate structure is non-discriminatory in nature, and he felt this
consistency has a long term benefit in terms of us being able to
continue to expand our program.
Administrator Chandler concurred that we need to be con-
sistent in acquiring all these utilities and felt what Director
Pinto has handed out brings that into being.
Director Pinto stated that the rate is exactly the same; it
is just stated differently.
Commissioner Scurlock noted that the segregation of our bill
into separate components helps the customers understand clearly.
He felt this is very important because you have your billing
charge, your base facility charge, your consumption charge, and
26
then a surcharge for that difference, which in this case is not
for acquisition; it is purchase of wholesale water.
Director Pinto explained that the basic difference is that
they have a base facility charge of $10 and ours is $5, and
Commissioner Scurlock pointed out that it is easy, once you have
segregated it, to remove that surcharge when they become part of
the countywide system and start receiving service from the
county.
Director Pinto further explained that the franchise itself
states specifically that the customers are notified they will be
under a county rate structure at the time the county takes them
over, plus any other charges the County deems it necessary to
add. It also says very clearly that when county facilities are
available, the facility will be turned over to the county. When
we went through the public hearing process, it was stated this
would take place.
Commissioner Scurlock wanted it confirmed that with the sur-
charge the way it is structured now, it will equate to the same
rate differential listed on Page 2, as follows:
A. RATES CURRENTLY BEING CHARGED BY PUROWATER:
GALLONS
WATER RATE 3,000 5,000 7,000
Billing Charge $ 0.00 $ 0.00 $ 0.00 $ 0.00
Base Facility Charge $20.00 $20.00 $20.30 $20.00
Consumption Charge $ 0.00 $ 0.00 $ 0.00 $ 0.00
Total $20.00 $20.00 $20.00
GALLONS
WASTEWATER RATE 3,000 5.000 7,000
Billing Charge $ 0.00 $ 0.00 $ 0.00 $ 0.00
Base Facility Charge $20.00 $20.00 $20.00 $20.00
Consumption Charge $ 0.00 $ 0.00 $ 0.00 $ 0.00
Total $20.00 $20.00 $20.00
Total Water and Wastewater $40.00 $40.00 $40.00
B. INDIAN RIVER COUNTY RATES
PROPOSED WATER RATES/EXISTING WASTEWATER RATES
O C T g 4' 989
27
p,e ..8 .t
BOOK [ r.,F ?Lie
IF -
OCT 2 4 1989
**PROPOSED**
WATER
Billing Charge
Base Facility Charge
Consumption Charge
Total
BOOK 78 pmA 241
GALLONS
RATE 3,000 5,000 7,000
$ 0.00 $ 0.00 $ 0.00 $ 0.00
$20.00 $20.00 $20.00 $20.00
$ 0.00 $ 0.00 $ 0.00 $ 0.00
$20:00 $20:00- $20.00
GALLONS
WASTEWATER RATE 3.000 5,000 7.000
Billing Charge $ 1.84 $ 1.84 $ 1.84 $ 1.84
Base Facility Charge $ 1.53 $ 1.53 $ 1.53 $ 1.53
Consumption Charge `' $ 2.86 $ 8.58 $14.30 $20.02
Total $11.95 $17.67 $23.39
Total Water and Wastewater $31.95 $37.67 $43.39
Difference in Rates $ 8.05 $ 2.33 $(3.39)
Director Pinto confirmed that it is basically the same - the
cents change a little.
Commissioner Eggert noted that on the new sheets it looks
like a decrease of $9.92, but on the old sheets, it looks like an
increase of $8.05.
Commissioner Scurlock explained that it now has a reduction
for 3,000 and 5,000 and an increase for 7,000 gallons. Your
average customer will be using between 5,000 and 8,000 gallons.
That is a little more consistent in the terms of the more you
use, the more you pay.
Commissioner Eggert inquired if there is any additional
investment required, and Director Pinto advised that it is esti-
mated that there is Tess than $3,500 worth of changes that we
would have to make to the system.
Discussion continued regarding the importance of a uniform
rate structure, and it was noted that by having a larger customer
base, you get a much better opportunity to spread and have a
level impact when major retrofits are needed.
Vice Chairman Eggert asked if anyone present wished to be
heard. There were none, and she thereupon closed the public
hearing.
28
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman Wheeler
being absent, the Board unanimously (3-0) approved
Purchase Agreement with Purowater Utility Systems, Inc.,
and River Run Development, Inc., as recommended by staff.
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
PUROWATER UTILITY SYSTEMS, INC.
AND
RIVER RUN DEVELOPMENT, INC.
COUNTY TAKE-OVER OF UTILITY SYSTEMS
THIS AGREEMENT, made this 24th day of October
1989, between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, 1840 25th Street, Vero Beach, Florida, 32960
(COUNTY), and PUROWATER UTILITY SYSTEMS, INC. (PUROWATER), and
RIVER RUN DEVELOPMENT, INC. (RIVER RUN), whose address is Post
Office Box 3938, Vero Beach, Florida, 32964-3938,
WITNESSETH
WHEREAS, PUROWATER is the owner of a water and wastewater
utility system servicing a portion of Indian River County; and
WHEREAS, RIVER RUN DEVELOPMENT is the owner of the land
upon which PUROWATER'S wastewater treatment plant is located; and
WHEREAS, COUNTY had embarked on a program of providing
quality water and wastewater service to as much of Indian River
County as is financially feasible; and
WHEREAS, the PUROWATER has approached COUNTY concerning
the County's purchase of the utility system; and
WHEREAS, PUROWATER has agreed to the purchase by COUNTY
of the water and wastewater systems, including plant and
distribution systems for the sum of $20,000.00, said amount to be
applied as a credit to River Run Development, Inc. toward future
water and wastewater impact fees due for Building A; and
WHEREAS, COUNTY will assume total responsibility for
all operation and maintenance of the water and wastewater
systems; and
WHEREAS, the COUNTY agrees that all wastewater
customers of the utility will be billed at the current County
wastewater rates and all water customers will be billed at the
current water rates being charged by PUROWATER;
NOW THEREFORE, for and in consideration of the mutual
covenants contained herein as well as other good and valuable
consideration, the COUNTY and PUROWATER agree as follows:
QCT 2 4 1989
29
i c:a
BOOK d PAGE 242
`,O ''T 2 4 u�
BOOK 78 PAGE
1. EXHIBITS TO BE PART OF THIS AGREEMENT
Attached to this agreement are certain exhibits which shall
be considered to be integral parts of this agreement as much
as if they were written in this agreement. This list of
exhibits is as follows:
EXHIBIT "A" - Description of all personal property,
including water and sewer plants, customer deposits, and
fixtures included in sale of SYSTEM;
EXHIBIT "B" - Legal description of real property (PROPERTY)
to be leased to COUNTY;
EXHIBIT "C" - Description of all easements to be transferred
to COUNTY;
EXHIBIT "D" - Service area of utility SYSTEM.
2. DEFINITIONS:
A. SYSTEM - For convenience, the term "SYSTEM" shall be
used to designate the assets, business properties, and
rights which PUROWATER owns or in which it has a legal
interest (but not including the "excluded assets"),
which are being purchased or leased by COUNTY and which
include the following:
(1) The items of inventory including the water and
sewer plants described in Exhibit"A";
(2) The real estate to be leased to COUNTY by RIVER
RUN DEVELOPMENT, INC. is described in Exhibit"B";
(3) All easements, licenses, rights of way, and
consents owned by PUROWATER for the construction,
operation, and maintenance of the SYSTEM,
including the easements specifically set forth on
Exhibit "C";
(4) All water and wastewater plants, lines, and
facilities of every kind and description
whatsoever, including collection mains,
transmission mains, effluent distribution pipes,
lift stations, or facilities, valves, service
connections, and all other physical facilities and
property installations in use in connection with
the SYSTEM;
(5) All of PUROWATER's rights of every character
whatsoever and all certificates, immunities,
privileges, permits, licenses, easements,
consents, grants, ordinances, leaseholds, and
rights of way, and all rights to construct,
maintain, and operate plants and systems for the
30
collection of sewage and promises of water and
every right of every character whatever in
connection therewith; and all renewals,
extensions, additions, or modifications of any of
the foregoing;
(6) Copies of all past and current customer records,
books, prints, plans, engineering reports,
surveys, specifications, shop drawings, equipment
manuals, and other information required by COUNTY
which are in possession of PUROWATER or its agents on
the closing date pertaining to the operation of
the SYSTEM; if available.
A set of record drawings, including as -built
drawings, showing all facilities of the utility
system, including structural, mechanical, and
electrical details, if available. Such drawings
shall also include any original tracing, sepias,
or other reproducible material where same is in
possession of PUROWATER.
(7)
B. EXCLUDED ASSETS - Cash or bank accounts of PUROWATER which are
PUROWATER's sole property and which are not subject to refund
to customers or which have no application to specific
,purposes or uses of the SYSTEM.
3. SALE OF SYSTEM
PUROWATER shall sell the system to COUNTY and the COUNTY
shall buy the system for a $20,000.00 credit to be applied
to future River Run Development, Inc.. impact fees for
Building A. Closing costs shall be prorated and determined
as on the standard Florida Bar/Florida Board of Realtors
copyrighted contract.
4. LEASE OF REAL PROPERTY: The COUNTY agrees to lease the real
property described on Exhibit "B" from. RIVER RUN
DEVELOPMENT, INC. for $10.00 per year for a period of three
years with option to renew for an additional three years
with sixty days notice of intent to renew by registered
mail. The determination of this shall rest solely with the
COUNTY. If and when the COUNTY decides to abandon the
leasehold, RIVER RUN DEVELOPMENT, INC. shall transfer to
COUNTY, for no additional consideration, fee simple title to
that portion of the leased land which COUNTY in its sole
discretion determines that it needs for the existing lift
station, which will remain after the sewer plant is removed.
All costs to be paid by COUNTY.
5. WARRANTY OF TITLE; HOLD HARMLESS: PUROWATER shall warrant
title to all the personal property in SYSTEM and shall hold
the COUNTY harmless from any and all claims for damages from
third parties. COUNTY agrees to furnish River Run
OCT 24`9 9
31
ROOK 8 PAGE 24
CCT 2419
BOOK 78 PAGE 245
Development, Inc. with its Certificate of Insurance covering
the land leased by the COUNTY.
6. IMPACT FEES AND REPAIR AND REPLACEMENT FUNDS: All escrowed
impact fees and repair and replacement funds will become the
property of Indian River County. Impact fees for any
undeveloped lots will be paid at the time of issuance of a
Building Permit.
7. EFFLUENT DISPOSAL SYSTEM: COUNTY will be responsible for
expansion of the effluent disposal system (which has been
permitted by DER), provided PUROWATER provides necessary land
as needed.
8. RATES: COUNTY shall establish sewer rates for customers in
the service area as shown on Exhibit "D". The Water Rate
shall be the rate being charged by PUROWATER at this time,
which is $20.00 per Equivalent Residential Unit (ERU) per
month.
9. CLOSING DATE: The closing shall take place on or before
November 1, 1989.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals on the date first set forth above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
i
Vi cearChai ��anEgger
(SEAL)
PUROWATER UTILITY SYSTEM, INC.
Attachments: Exhibits "A", "B", "C", and "D".
Wit s
RIVER RUN DEVELOPMENT, INC.
enry l. uller, President
SAID AGREEMENT W/EXHIBITS ON FILE IN OFFICE OF CLERK TO BOARD.
Off
PARTIAL VACATION OF PLAT - PARK SHORES
Asst. County Attorney William Collins reviewed the
following, noting that this has been advertised as a Public
Hearing by the Petitioner:
TO: The Board of County Commissioners
FROM:0L William G. Collins II - Assistant County Attorney
DATE: October 18, 1989
SUBJECT: Partial Vacation of P.Iat - Park Shores
Florida law gives the governing body of a municipality the
exclusive jurisdiction to approve plats Tying wholly within
their boundary. F.S. 177.071(1)(a). However, in the case
of vacating a plat, Florida law also requires the owner of
the property making application to vacate a plat to petition
the county government for vacation. F.S. 177.101(3). This
statute requires that the governing body of the county be
furnished a certified copy of a resolution of the town
council showing that it has already by suitable resolution
vacated the plat.
I received from the property owner seeking vacation of a
portion of the plat of Park Shores within the Town of Indian
River Shores a petition from Vero Beach Associated
Developers, Inc._which is in proper statutory form and has
been properly legally advertised and ..whi_ch_is accompanied by
proper certification from the Tax Collector that taxes have
been paid.
RECOMMENDATION:
Adopt the attached resolution completing the partial
vacation of the plat of Park Shores, lying within the Town
of Indian River Shores, Florida. Authorize the Chairman's
signature of the Resolution and forward a certified copy of
the Resolution to be filed in the offices of the Circuit
Court Clerk and duly recorded in the Public Records of
Indian River County.
Vice Chairman Eggert asked if anyone present wished to be
heard. There were none, and she thereupon closed the public
hearing.
OCT 2 41g89
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
adopted Resolution 89-137 partially vacating the
Plat of Park Shores as recommended by staff.
33
BOOK 8 ['AU LID
OCT 2 4 1989
BOOK Kr 8 FA.;E 247
RESOLUTION 89-137
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,•
FLORIDA, PARTIALLY VACATING THE PLAT OF PARK
SHORES.
WHEREAS, the fee simple owner of the property described
herein, VERO BEACH ASSOCIATED DEVELOPERS, INC., a Florida
corporation, purauaet to TiOrida Statutes 6177.101 petitioned the
Board of County Commissioners of Indian River County, Florida,
to partially vacate the Plat of Park Shores recorded in Plat Book
10, page 74, Public Records of Indian River County, Florida; and
WHEREAS, the TOWN OF INDIAN RIVER SHORES by Resolution
No. 366 vacated that portion of the Plat of Park Shores recorded
in Plat Book 10, page 74, Public Records of Indian River County,
Florida, described as follows:
Commencing at the Northwest corner of the Plat of Park
Shores as recorded in Plat Book 10, Page -74, Public
Records of Indian River County, Florida; run South
20°55'51" East a distance of 974.72 feet to the Point
of Beginning; thence run North 69°00'14" East a
distance of 180.00 feet to a point; thence run North
20°55'51" West a distance of 284.75 feet to a point;
thence run North 69°00'14" East a distance of 94.65
feet; thence run South 20°55'51" East a distance of
622.15 feet to a point; thence run North 69°00'14" East
a distance of 265.35 feet to a point; thence run South
20°55'51" East a distance of 420.85 feet to a point;
thence run South 69°00'14" East a distance of 540.00
feet to a point; thence run North 20°55'51" West a..
distance of 758.25 feet to the Point of Beginning.
and
WHEREAS, pursuant to Florida Statutes S177.101 approval
by Resolution of the Board of County Commissioners of Indian
River County, Florida is required to complete the
that portion of the plat above described; and
WHEREAS, notice of application for vacation of
vacation of
that
portion of the Plat for Park Shores described herein has been
published as required by Florida Statutes; and
WHEREAS, convenient access to persons owning the
property in the balance of the platted area has been provided by
that Easement and Maintenance Agreement dated June 20, 1989, and
recorded in Official Record Book 834, Page 1463, Public Records
of Indian River County, Florida; and
WHEREAS, taxes affecting the property herein described
34
are paid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida as follows:
1. That the Board of County Commissioners of Indian
River County, Florida, hereby vacates that portion of the Plat
of Park Shoresrecorded in Plat Book 10, page 74, Public Records
of Indian River County, Florida, described as follows:
Commencing at the Northwest corner of the Plat of Park
Shores as recorded in Plat Book 10, Page 74, Public
Records of Indian River County, Florida; run South
20°99'91" Meet 4 diatenae of 974.72 feet to the Point
Of Beginning; thence run North 69'00'14" East a
distance of 180.00 feet to a point; thence run North
20°55'51" West a distance of 284.75 feet to a point;
thence run North 69°00'14" East a distance of 94.65
feet; thence run South 20°55'51" East a distance of
622.15 feet to a point; thence run North 69°00'14" East
a distance of 265.35 feet to a point; thence run South
20°55'51" East a distance of .420.85 feet to a point;
thence run South 69°00'14" East a distance of 540.00
feet to a point; thence run North 20°55'51" West a
distance of 758.25 feet to the Point of Beginning.
2. The vacation of that portion of the plat for Park
Shores above described includes vacation of easements set forth
in the dedication, but limited to the vacation of the eeemmont
within the vacated platted area above described.
This Resolution was adopted at a meeting of the Board
of County Commissioners of Indian River County, Florida, held on
the 24th day of October, 1989.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: -�".0CO
Z
Caroly /K. EggerVice Chairman
Attest:
`� e �►�- y '
Clerk Bart
-�� 13
COPY OF SAID RESOLUTION WITH ATTACHMENTS ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
35
OCT 2 z `989
&DV .78 FnE 248
ccT 24_1989
BOOK 78 FACE 4 •
R/W ACQUISITION 74th AVE. SOUTH OF SR60 (DELANGE/WESTLAKE ESTS.)
The Board reviewed memo from the Public Works Director:
TO: James E. Chandler, County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Right -of -Way Acquisition - 74th Avenue South of
SR 60 - Philip and Deborah Delange -
Lot 17 - Westlake Estates
REFERENCE: Phil and Debbie Delange to Stan Boling
dated Oct. 9, 1989
DATE: October 10, 1989
DESCRIPTION AND CONDITIONS
While processing a building permit application to construct a
single family home on Lot 17, Westlakes Estates Subdivision,
staff determined that the subject lot, which has approximately
293' of frontage on 74th Avenue (Rangeline Road), was platted in
1978 with only 25' of right-of-way set aside for 74th Avenue
(secondary collector road with 80' wide designated right-of-way).
The County staff has requested that the owners set back their
proposed home an additional 55' from the existing west
right-of-way line of Rangeline Road. The following scenario
applies:
Total lot depth 156.04'
Less Collector Road right-of-way needed -55.0'
Less Deed RestrictionSetback (west -property line) -35.0'
Less Deed Restriction Setback (east aroperty_line) -35.0'
Depth remaining 31.04'
The road reservation area that the County is requesting is .37
acre of the 1.05 acre lot. The Delange family cannot fit their
proposed house on the lot.. As a result, they request the County
purchase the entire lot for an amount equal to the average price
of lots recently\sold in the area, an 8% one year appreciation
amount, and expenses occurred in preparation for constructing the.
house.
ALTERNATIVES AND ANALYSIS
The paving and capacity expansion of 74th Avenue between SR60 and
16th Street is included in the County's 20 -Year Road Improvement
Program. The Thoroughfare Plan right-of-way for 74th Avenue
(80') in this area should be protected from encroachments. At
this time, Mr. & Mrs. Delange are offering to sell the entire lot
to the County since the right-of-way needs and deed restriction
setbacks are so substantial. Based on information available,
staff is of the opinion that a fair purchase price for the entire
lot would be as follows:
Purchase Price by Delange's 6/89 $24,500.00
Cost of Lot Improvements plus expenses 1,616.25
$26,116.25
Alternative No. 1
Offer to purchase the entire lot at $26,116.25. After the
80' right-of-way is secured, the County could resell the
36
remainder for approximately $17,000 based on the prorated
acreage values. The net cost to the County would be
approximately $9,116.25.
Alternative No. 2
As per the existing County code, the lot owner would be
requested to dedicate to the County, without compensation,
35' of right-of-way to meet local road standards and be
compensated for the additional 20' needed to meet collector
road standards. The property owner would still not be able
to build a reasonable size single family home on the land
due to setback deed restrictions. If deed restrictions were
relaxed, a suitable dwelling could be constructed, however,
the Delange's intentions are to construct a large house
which could not be accomplished on the site.
RECOMMENDATION AND FUNDING
As has been the case where substantial right-of-way needs impact
the viability of building a suitable single family home on a
residential lot, staff recommends that the County offer to
purchase the lot for $26,116.25 and to resell the remainder after
right-of-way needs are provided for. Funding to be from Zone 8
Traffic Impact Fee Account (balance on 9-9-89 was approximately
$400,000.)
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
approved staff recommendation regarding purchase of
the above described lot for $26,116.25 and future
resale of the remainder.
(ORIGINAL WARRANTY DEED ON FILE IN OFFICE OF CLERK
TO BOARD)
GOLDEN SANDS PARK DUNE CROSSOVER, CHANGE ORDER No. 2
The Board reviewed memo from the Public Works Director:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., 97t,405)___Public Works Director
SUBJECT: Golden Sands Park Dune Crossover
Change Order No. 2
REFERENCE: Al Sandelli, The Masters Group, Inc
to Ruben Trejo dated 10-10-89
DATE: October 16, 1989
DESCRIPTION AND CONDITIONS
During construction of by-pass stairways at the main dune
walkover structure at Golden Sands Park, the Contractor has
37
OCT 2 4 1989
BOOK .78 PAGE 2DL
OCT 24`sa
BOOK
found the need to construct cross brace timbers and
additional connectors to support the entire structure.
Since original construction, beach erosion in the area has
occurred, and sand support has decreased.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Authorize Change Order No. 2 to the original contract
in the amount of $1,152. This wouldresult in a total
contract price of $10,122.
Alternative No. 2
Deny authorization of the Change Order.
RECOMMENDATION AND FUNDING
It is recommended that Change Order No. 2 be approved
authorizing an increase in the Contract amount by $1,152.
Funding to be from Account 310-143-512-066.51 - Golden Sands
Park Account.
Commissioner Scurlock had some questions. He referred to
the City of Vero Beach spending a significant amount of money on
the boardwalk at Conn Beach that subsequently washed out in a
storm. He felt that possibly the pilings should go much deeper
and stressed the importance of having these designed correctly.
He would hope that when we are designing boardwalks along all of
our beaches that we spend the time and effort to design them for
the worst case scenario. He would have assumed those kind of
things would have been incorporated in the original design of the
facility and that a medium shift in sand would not necessitate
the need for a redesign.
Administrator Chandler gathered that the original design had
this incorporated, but not as extensively as perhaps we think it
should be now. He stressed that this Change Order is not a
requirement. It has been suggested we can shore it up addition-
ally; so, we looked at it and feel that it is good insurance for
the dollars involved.
Commissioner Scurlock asked if there is some question about
going ahead and driving pilings deeper as they did at Conn Beach.
Public Works Director Davis advised that we have done that
at the Tracking Station Park, but at this park we specified an 8'
penetration into the dune. Pilings are specified at 8' by the
38
DNR, and the original specification for Conn Beach was 8', but
the storm surge simply washed the structure away. We are already
down to 8', but our dune line profile is much steeper than at
Conn Beach.
Commissioner Scurlock understood that when they rebuilt
that, they made it deeper, and he just wanted to be sure that we
do what is right.
Commissioner Bowman did not feel you can make a comparison
of Conn Beach with anything. She did not think that Conn Beach
will stay there because the natural dune line is probably under
A -1-A, and she believed that, if they get going on the Inlet
project, we will see some build up of the beach at Golden Sands.
Commissioner Scurlock continued to stress that we should
take enough effort to look at what has happened and incorporate
things to protect us and spend the money up front to do that.
Director Davis believed that is what we are attempting to
address here.
OCT 2 4 'r989
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner. Bowman, the Board unanimously (3-0) approved
Change Order No. 2 authorizing an increase in the
contract amount of $1,152 as recommended by staff.
39
BOOK
1 LJ FAGS 404
OCT 2 4-,1_ -
• 0-1.44NKE
ORDER
AIA VC)CUMEN i (.;7()1
i11•.t I tth•m !r.
c )WNI
ARCM IR r
t ONI!:\r ICY. ,x
I11.11) i
t11i11'r: 1I
BOOK 78 PAGE I�5c i
I'I' )1Ei r: Golden Sands Dune Walkover
(n;u.e, adrlre•.$) North A1A
TO (Contractor):
L
r )R1)11.! N a.)t.1Ii1 K:
2
INI I IA f1OIv l)A1 E: October 16, 1989
�
1 AR:!ilif.CT'S !'hC)ILC•T Nt):
The Masters Group I
CON I RAC FOR:
3553 S. Indian River Drive
Fort Pierce, Fi. 34982
(ONIRA(1 f1AlL: Sept. 15, 1989
You are directed to make the following changes in this Contract.
Pull structure plumb and remove rack utilizing nylon web slings and
coffin hoists;
Set and drill five sets of cross -bracing at flex points
Total cost $1,152
Not val•d until signed by both the n.Vner and nrch•tect.
'Signaturr, of ;he Contractor indicates his agmement herewith. Including any adjustment in the Contra, t cum err Contract Time
The original (Contract Sum) (Guaranteed Maximum Cost) was 8,475.00
Net change by previously authorized Change Orders $ 495.00
The (C:ontrar.t Sum) (Guaranteed Maxrrnunt Cost) prior to this Change Orderwas ..... $ .8,970.00
The ;Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unc.11,•nged)
by this Change Order .... $ 1,152.00
"the new (Contract Sum) (Guaranteed Maximum Coot including this Change Order .+i1I be ... 310,122.00
The Contract Time will be (increased) (decreased) (unchanged) by
The Bate of Substantial Completion as of the date of this Change Order therefore Is
•ndtan River Ca
Approved
Date
Artmin.
' yp
,uJ/5,/ 4
, i •. n!t21
k) . (
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Authr,ri,ed:
The M_asters Group Indian River County
eJ gin`S1. Indian `River Drive"vrj. 40 25th Street
nddnrti• i 1 Addres.
Ft. Pierce, Fi. 34982 Vero Beach, Fi. 32960
11'Y
aro Egger Vice Chair -
DAN. t1A1110-2 -89. .man
••1K11 1.1:8 I11111i 1`. • .., . • •
W5'i.'.AVI.hV. I. IN 111 _u..a.
40
r•7111 - -
WAIVER OF FLOODPLAIN CUT & FILL BALANCE - MOON RIVER PRD
The Board reviewed memo from the Acting Traffic Engineer:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: David B. Cox, P.E.,433c.
Acting Traffic Engineer C. -
SUBJECT:
SUBJECT: Request for Waiver of Floodplain Cut and Fill
Balance for Moon River PRD
REFERENCE: Letter from Joseph L. Kolb to Dave Cox dated
October 9, 1989
DATE: October 16, 1989
DESCRIPTION AND CONDITIONS
CCL Consultants, Inc. on behalf of the developers of Moon
River PRD is requesting a waiver of the cut and fill balance
requirement. of Section 7B(1) of Stormwater and Flood
Protection Ordinance 87-12. Moon River PRD received site
plan approval on August 24, 1989. The 68.5 acre property is
located on the Barrier Island between SR A -1-A and the
Indian River adjacent to the north property line of the Sea
Oaks West PRD. The site is located in Zone AE of the Indian
River Floodplain with base flood elevations of 8.0 and 9.0
feet.
ALTERNATIVES AND ANALYSIS
A 54 inch diameter culvert crossing Jungle Trail is proposed
to provide the site with a drainage outfall to the Indian
River. The Project Engineer has estimated the Volume of
fill to be placed below the FEMA ten-year flood eleiation of
5.0 feet is 44,900 cubic yards. The drainage design is
currently under review by both SJRWMD and the County as an
application for Land Development Permit. It is expected
that the necessary permits can be obtained and all other
requirements of the Stormwater Management and Flood
Protection Ordinance met without major modifications to the
drainage plan.
RECOMMENDATION
Staff recommends that a waiver of the cut and fill balance
be granted to Moon River PRD.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) granted
a waiver of the floodplain cut and fill balance to
Moon River PRD as recommended by staff.
41
00-12.4
BOOK 78 PAGE 251
OCT 2
BOOK .78 PAGE 255
14TH ST. CANAL DREDGING - REQUEST FOR ADDITIONAL FUNDS FOR WATER
QUALITY TESTING
The Board reviewed memo from the Public Works Director:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Request for Additional Funds for Water Quality
Testing - 14th Street Canal Dredging
REFERENCE: Barbara Bess, Wetland Resource Manager, FDER,
to Jim Davis dated Oct. 11, 1989
DATE: October 16, 1989
DESCRIPTION AND CONDITIONS
After analyzing the results from the water quality samples
previously taken by the County in the 14th Street Canal east
of Rockridge, the Florida DER responded to the County. via
the attached letter that the water quality in the canal is
very poor and that additional sampling is required to
determine whether permit issuance would be recommended. The
additional water samples and tests are estimated to cost
$1,800.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Appropriate additional funding in the amount of $1,800
for additional water quality tests -and authorize this
testing. Since the original sampling showed such poor
water quality in this area, additional testing may
confirm this poor water quality and a permit may not be
issued. -- - -
Alternative No. 2
Since the cost of soil testing, water quality analysis,
and hydrography has already cost the County $6,810. the
additional $1,800 may be too costly. No assurance has
been given by DER. Also, no complete funding source
has been identified beyond a FIND grant for 50% of the
dredging costs in the Indian River. At this time, the
project may be abandoned.
RECOMMENDATION AND FUNDING
It is recommended that the additional $1,800 for water
quality testing be appropriated. Funding shall be from the
attached Budget Amendment to transfer $1,800 from Fund
004-199-581-099.91 to the Construction fund 004-210-572-066.51.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, to authorize an additional $1,800
for water quality testing as recommended by staff and
approve Budget Amendment #006, as follows:
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird, OMB Director
SUBJECT: BUDGET AMENDMENT
NUMBER: 006
DATE: October 18. 1989
Entry
:Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.''
EXPENSE
,, ••
M.S.T.U.
Reserve for Contingency
004-199-581-099.91
S 0
S 1.800.00
•
o
Construction in Progress
004-210-572-066.51
S 1.800.00
S 0
Commissioner Bowman noted that she has not seen this study,
but she definitely has questions in her mind about what kind of
testing they did and where. They did this testing in May, and
Rockridge did not go on their sewer system until late July. If
the study showed there was high nitrogen and phosphorous but no
chlorophyll, they, in effect, were saying there is no algae.
They probably were still dumping their washing machines in there
in May, and there would be so much chlorine, there would be no
algae; so, she, therefore, was not satisfied with the study and
felt possibly we should get someone with a little more skill to
do this.
Director Davis advised that the lab we are using is Environ -
metrics, and Commissioner Scurlock noted that chlorine residual
actually wouldn't last very long.
OCT 2 4 `689
THE CHAIRMAN CALLED FOR THE QUESTION. It was voted
on and carried unanimously (3-0) with Commissioner Bird
and Chairman Wheeler being absent.
43
BOOK 78 FAL 256
OCT 24X99
BOOK. d 0 FACE 43 i
RESOLUTION FOR DNR GRANT FOR DEVELOPMENT OF TREASURE SHORES PARK
Public Works Director Davis reviewed the following:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Adoption of Resolution for Grant from the
Department of Natural Resources -
Treasure Shores Park
DATE: October 18, 1989
DESCRIPTION AND CONDITIONS
The Department of Natural Resources requires the execution
of the attached Resolution which provides financial
assistance for the development of Treasure Shores Park.
RECOMMENDATION
Staff recommends the Board authorize the Chairman execute the
attached document.
Director Davis advised that the Resolution does commit the
county in the future to pledge a revenue source for the County's
share of the project. We have been told that the upper threshold
for grant funds in the next year is $120,000. We are proceeding
with Phase 1 design, which we anticipate could be anywhere from
$400,000 to a half million dollars; so, in the next fiscal year
we are recommending the County should be looking at funding the
local portion.
Discussion ensued regarding funding sources, i.e., the
General Fund or Tourist Tax, and Administrator Chandler advised
that staff will recommend to the Tourist Tax Board that they
recommend back to the Commission that Tourist Tax dollars be
allocated for this project.
In regard to timing, Director Davis pointed out that the
Resolution calls for a match of $120,000 in cash which will
remain available till needed.
OMB Director Baird noted that he okayed this for the agenda
because we have to develop the park within the next couple of
years and here is an opportunity to get a grant.
44
Commissioner Scurlock discussed a Motion to accept staff
recommendation and also authorize them to recommend to the
Tourist Tax Committee that they recommend approval of using
Tourist Tax funds and/or the General Fund for this project.
Administrator Chandler suggested that we make it a
combination of the Tourist Tax and the General Fund.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) approved
Resolution 89-138 and authorized staff to recommend to
the Tourist Tax Committee that they recommend approval
of using a combination of Tourist Tax funds and the
General Fund for the match for the above project.
RESOLUTION NO. 89- 138
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, REQUESTING FINANCIAL ASSISTANCE FROM
THE DEPARTMENT OF NATURAL RESOURCES FOR THE
DEVELOPMENT OF TREASURE SHORES PARR.
WHEREAS, Indian River County, Florida, has prepared a grant
application for the development of Treasure Shores Park under the
Florida Recreation Development Assistance Program; and
WHEREAS, it is a requirement of the program that this
Resolution be adopted and become an official part of the
application;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, THAT:
1. The Indian River County Public Works Director is
authorized to submit an application requesting $120,000 in
financial assistance from the Florida Recreation Development
Assistance Program for development of Treasure Shores Park.
2. Indian River County has an officially adopted local
comprehensive plan, including a recreation and open space
element, pursuant to the Local Government Comprehensive Planning
!OCT 2 4 1989
45
BOOK 78 ME 258
OCT 2 4 2239
BOOK 78 F'..,E 2:
Act, and all segments of the public were offered an opportunity
to participate in the planning process leading to the adoption of
this document.
3. Indian River County has an on-going program of public
participation which encourages involvement by all segments of the
population within its jurisdiction, including minority and
disadvantaged citizens, in the planning for and selection of
recreation projects.
4. Indian River County has committed the required program
match of $120,000 in the form of cash and this match will remain
available until needed.
5. Indian River County is in a fiscally and legally
responsible position to satisfactorily develop, operate and
maintain the project site in accordance with program
requirements.
6. The total cost of the grant project is expected to be
$400,000.
7. The Indian River County Public Works Director is
designated as the official liaison agent and is authorized to
accept the grant and execute all appropriate documents and
contracts for the purpose of administering the grant for Indian
River County, Florida.
8. The Florida Recreation Development Assistance Program
application is a part of this Resolution.
9. This Resolution shall be in full force and effect
immediately after its passage and approval in the manner provided
by law.
PASSED AND ADOPTED THIS 24th DAY OF
46
October
, 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
// ; f,
1 -
Carolyn/ EggerL Vice Chairman
ASSOCIATES MANAGEMENT GROUP, INC. - SETTLEMENT OFFER
Asst. County Attorney Collins reviewed the following:
TO: The Board of County Commissioners
FROM:‘"/ William G. Collins II - Assistant County Attorney
DATE: October 18, 1989
SUBJECT: Associates Management Group, Inc. v. Indian River
County: Settlement Offer
A lawsuit was filed last fall by Associates Management
Group, Inc. challenging the constitutionality of Code water
access requirements as applied to the Sanderling
Subdivision.
On August 1, 1989, on the advice of the County Attorney's
Office, the Board suspended the operation of Section 10(r)
of the Subdivision and Platting Ordinance and Section
23.3(1) of the site plan review standards to delete the
water access requirement. This action was based on a
determinationthat controlling case law was directly on
point in favor of Associates Management Group, Inc.
I had recommended on August 1, 1989 that the County proceed
with the lawsuit and defend on the basis that the developer
had made a knowing voluntary waiver of his rights by virtue
of a letter of no objection filed prior to final plat
approval, and prior to purchasing the property.
In the past few weeks the attorney -for -Associates Management
Group, Inc. has presented me with contracts which strengthen
Associates Managements Group, Inc.'s argument that- the
withdrawal of objection was made under duress and not
voluntary. A contract for the purchase of the Sanderling
property was presented which had no contingency based on
plat approval. In other words, the developer was obligated
to purchase the property whether plat approval was granted
or not. This weakens our argument for a knowing voluntary
waiver of rights based on not taking title until after plat
approval. The burden of proof on knowing voluntary waiver
lies with the County.
On October 11, 1989 I received a settlement offer from
Richard Candler, representing Associates Management Group,
Inc. Mr. Candler estimated the value of the case at $60,000
should they prevail at trial. This figure represents a
recovery of the $27,000 paid to. the County over four years
ago, plus statutory interest over four years and eight
months at $15,000, plus attorney's fees and costs at
$11,500. A court might very well increase attorney's fees
to $18,000 because the case was taken on contingency.
Associates Management Group, Inc. has offered to settle the
case for the principal and interest of $36,000 plus $11,000
for attorney's fees and costs or a total of $47,000.
RECOMMENDATION
$59,500 is a reasonable valuation of this case. The County
has already recognized that our code requirement would not
pass constitutional scrutiny. I would estimate our chances
to prevail on the issue of waiver at less than 50%.
OCT 2 4 i989
47
BOOK S f'i:GE 4:0U
OCT24189
n00K 78 PAGE 26i
In view of the above factors, I believe Mr. Candler and
Associates Management Group, Inc.'s offer to settle the case
for $12,500 less than full value should they prevail at
trial would be in the best interest of all parties. I
recommend approval of the proposed settlement of $36,000 to
Associates Management Group, Inc. and $11,000 to .Smith,
O'Haire, Quinn & Garris for attorney's fees and costs.
Attorney Collins explained the controlling case law in
regard to requiring such a dedication. He felt it probably would
have to be appealed to the Florida Supreme Court to prove the
benefit to public interest, and when we have an easement but no
parking at the end of the easement so that people would either
have to trespass on private property or park illegally on A -1-A,
The personally did not feel.we have a good enough case to say we
were substantially advancing government interest, which is the
test. In view of the fact that he felt our chances of prevailing
are less than 50%, Attorney Collins did feel what is offered is
fair and recommended acceptance of the settlement proposed above.
Commissioner Scurlock asked whether "substantial benefit"
refers to immediate or long term substantial benefit.
Attorney Collins advised that the exact term is "substan-
tially advancing legitimate government interest," and he felt it
would be tough to show that when there is no parking for anyone
to utilize the easement.
Commissioner Scurlock noted this possibly could benefit the
people from the Council on Aging, or kids in the Recreation
programs, who conceivably could be transported right to the
beach.
Attorney Collins agreed we could advance that argument, but
he believed the courts would consider it attenuated.
Discussion ensued regarding the formula for establishing the
attorneys' fees. Attorney Collins felt the fees they are asking
are quite reasonable in view of the complexity of the case.
Attorney Vitunac advised the Board that he felt even less
sanguine regarding our chances of winning this case than Attorney
Collins; in fact, he felt we have a sure loser.
48
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (3-0) accepted
Associates Management Group, Inc.'s, offer to settle
the case as outlined above and as recommended by staff.
INDUSTRIAL REVENUE BONDS RESOLUTION - PROFOLD, INC., PROJECT
Commissioner Eggert reminded the Board that the Economic
Development Council about 11 years ago recommended support of
industrial revenue bonds for the proposed Profold project.
Profold, however, did not apply for a long time, and then it
looked as if IRD bonds were "sunsetting; so, this delay is
totally on Profold's doorstep.
Attorney Vitunac explained that Rhoads & Sinon tried to
assist Profold, and when they finally applied, they missed the
allocation for last year and almost missed this year also.
What this Resolution does is authorize us to use the county name
to issue $913,000 to finance that project, which is already up
and running. This has been through the Economic Development
Council and staff review. This normally would have come on the
next meeting's agenda, but since there is not another meeting
this month, and they wanted to run this closing consecutively
with the North County sewer bond closing because the same
underwriters and consultants are involved, this was put on as an
emergency item.
Commissioner Scurlock wondered, considering the complexity
of this bond issue and the hassle we have had trying to move it
forward, etc., whether we shouldn't take a look at the applica-
tion fee. We only get $1,000 for this whole process, and we have
had our staff tied up 'on this for 11 years. He asked if Director
Baird will be making a recommendation regarding this in the
future.
OMB Director Baird agreed that he will look into it.
149
OCT 2 41989
BOOK d ME 40
4 i989
BOOK 78 PAGE 263
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
adopted Resolution 89-139 authorizing the issuance
of $913,000 IRD Bonds for the Profold, Inc. project.
INDIAN RIVER COUNTY, FLORIDA
RESOLUTION NO. 89- 139
A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY
OF $913,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS, SERIES 1989 (PROFOLD, INC.
PROJECT); AUTHORIZING LENDING THE PROCEEDS FROM SUCH
BONDS. TO PROFOLD, INC. IN ORDER TO FINANCE THE COST OF
ACQUISITION AND CONSTRUCTION OF A MANUFACTURING
FACILITY; APPROVING THE SUBSTANTIAL FORM OF TRUST
INDENTURE TO SECURE SUCH BONDS AND AUTHORIZING THE
EXECUTION THEREOF; APPROVING THE SUBSTANTIAL FORM OF
FINANCING AGREEMENT AND AUTHORIZING THE EXECUTION
THEREOF; APPROVING THE SUBSTANTIAL FORM OF MORTGAGE AND
SECURITY AGREEMENT RELATING TO SUCH FACILITY AND
AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF INTEREST
THEREIN TO FIRST FLORIDA BANK, N.A., TAMPA, FLORIDA, AS
TRUSTEE; APPROVING THE SUBSTANTIAL FORM OF A NOTE TO BE
DELIVERED TO THIS COUNTY BY PROFOLD, INC., AND
AUTHORIZING THE ASSIGNMENT AND DELIVERY OF SUCH NOTE TO
THE TRUSTEE; APPROVING THE FORM, TERMS AND DETAILS OF
SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH
BONDS; AND AUTHORIZING AND DIRECTING OTHER NECESSARY AND
APPROPRIATE ACTION RELATING TO SUCH FINANCING.
WHEREAS, Indian River County (the "County") is authorized by the
provisions of the Florida Industrial Development Financing Act, being Part II
of Chapter 159, Florida Statutes (1988) (the "Act") to, among other things,
issue revenue bonds for the purpose of using the proceeds thereof to acquire,
construct, equip and install certain capital projects in order to promote the
economy of the State of Florida and the welfare of the citizens thereof; and
RESOLUTION 89-139 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
50
NORTH COUNTY WASTEWATER SYSTEM BOND ISSUE (RESOLUTIONS)
County Attorney Vitunac informed the Board that it is
necessary to adopt three Resolutions regarding the North County
sewer project the first one amending the original Bond Resolu-
tion, the second imposing supplemental assessments, and the third
awarding the bonds. He introduced Attorney Charles Sieck, the
County's bond counsel, to explain the first Resolution.
Attorney Sieck reported that they had originally presented
the Bond Resolution to the Board and the Board passed it at the
end of June or early July. At that point the structure of the
transaction, as far as the public securities market is concerned,
was not refined fully. It required some fine tuning to the
original Bond Resolution to reflect the final structure of the
transaction, and that's what the first Resolution does.
Commissioner Scurlock noted that this has been a very, very
complicated deal, and he felt a lot of credit should go to
Administrator Chandler, OMB Director Baird, Bond Counsel Chuck
Sieck, Financial Advisor Art Diamond, and Underwriter Art Ziev.
He did not feel any other team could have put this together and
brought it off, especially at a 7-3/4% interest rate. It was so
frustrating, in fact, that we almost walked away from it about
three times. Then Jim Chandler came on board, and he and
Utilities Director Pinto really put their full effort in it, and
helped pull it all together.
Attorney Vitunac wished to point out that in the P.O.S.
official statement, it says this bond issue is unique in the
State of Florida and possibly nationally, as far as the way this
team has devised the financing, and this may become a trend and
be used as a prototype.
Commissioner Scurlock stressed that rather than assembling a
team that takes the attitude that we can't do it, we told our
team this is what we want to do and find a way to do it, and
that's what they have done.
51
OCT 241989
rOGS
OCT
ROOK 78 PAGE 2E6
Vice Chairman Eggert read aloud the title of the first
proposed Resolution, as follows:
RESOLUTION NO. 89-/33-
A RESOLUTION AMENDING AND SUPPLEMENTING RESOLUTION NO.
89-54 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED:
"RESOLUTION NO. 89-54
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$7,560,000 AGGREGATE PRINCIPAL AMOUNT OF SPECIAL
ASSESSMENT REVENUE BONDS, SERIES 1989, OF INDIAN RIVER
COUNTY, FLORIDA, THE NET PROCEEDS OF WHICH WILL BE USED
TO MAKE A DEPOSIT INTO THE IMPACT FEE TRUST FUND OF THE
COUNTY FOR APPLICATION TO PAY FOR THE EXPANSION FOR THE
SEWAGE DISPOSAL SYSTEM OF THE COUNTY, INCLUDING WITHOUT
LIMITATION THE ACQUISITION AND CONSTRUCTION OF A
PHYSICALLY INDEPENDENT SEWER SYSTEM TO BE KNOW AS THE
"NORTH COUNTY WASTEWATER SYSTEM"; PROV•IDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH BONDS AND PLEDGING FOR THE
PAYMENT THEREOF THE PROCEED OF CERTAIN SPECIAL
ASSESSMENTS IN LIEU OF IMPACT FEES LEVIED BY THE COUNTY,
OR LEVIED BY OTHER PUBLIC BODIES AND PAYABLE_ TO THE
COUNTY PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT, IN
EACH CASE IMPOSED AGAINST PROPERTY THE OWNERS OF WHICH
HAVE CONSENTED THERETO AND, AT THE OPTION OF THE COUNTY,
FROM OTHER LEGALLY NON AD VALOREM TAX FUNDS; AND
PROVIDING AN EFFECTIVE DATE."
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
adopted Resolution 89-133 amending Resolution 89-54.
RESOLUTION 89-133 IS ON FILE IN THE OFFICE OF THE CLERK IN ITS
ENTIRETY.
Vice Chairman Eggert read aloud the title of the second
proposed Resolution, as follows:
52
RESOLUTION NO. 89 - 134
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, ASSESSING, APPROVING AND
CONFIRMING CERTAIN SUPPLEMENTAL SPECIAL ASSESSMENTS IN
LIEU OF IMPACT FEES IN CONNECTION WITH A SANITARY
SEWER PROJECT TO BE CONSTRUCTED IN THE NORTHERN
PORTION OF THE COUNTY; PROVIDING FOR AN ASSESSMENT
LIEN WITH RESPECT THERETO TO BE MADE OF RECORD;
PROVIDING CERTAIN TERMS WITH REGARD TO THE SPECIAL
ASSESSMENTS IN LIEU OF IMPACT FEES APPROVED AND
CONFIRMED BY RESOLUTION NO. 89-20 AND THE
SUPPLEMENTAL SPECIAL ASSESSMENTS MADE HEREUNDER; AND
PROVIDING AN EFFECTIVE DATE.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Bird and Chairman
Wheeler being absent, the Board unanimously (3-0)
adopted Resolution 89-134 imposing supplemental
special assessments in lieu of impacts fees for the
North County sewer project as set out above.
RESOLUTION 89-134 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
Vice Chairman Eggert read aloud the title of the third
proposed Resolution, as follows:
OCT 2 41989
RESOLUTION NO. 89 — 135
A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT FOR THE
SALE AND AWARD OF $6,075,000 AGGREGATE
PRINCIPAL AMOUNT OF SPECIAL ASSESSMENT REVENUE_
BONDS, SERIES 1989, OF INDIAN RIVER COUNTY,
FLORIDA, AT PRIVATE SALE BY NEGOTIATION, TO THE
PURCHASER THEREOF; AUTHORIZING AND APPROVING
CERTAIN TERMS OF SAID BONDS; AUTHORIZING THE
TRANSFER OF CERTAIN FUNDS FROM THE IMPACT FEE
TRUST FUND FOR THE EXPANSION OF THE COUNTY
SEWERAGE SYSTEM; PROVIDING FOR CERTAIN MATTERS
RELATING TO THE BONDS; APPOINTING A PAYING
AGENT AND BOND REGISTRAR FOR THE BONDS;
RATIFYING THE DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN
CONNECTION WITH THE MARKETING OF THE BONDS;
AUTHORIZING ALL OTHER NECESSARY, DESIRABLE
AND/OR APPROPRIATE ACTIONS IN CONNECTION WITH
THE SALE, ISSUANCE AND DELIVERY OF THE BONDS;
AND SPECIFYING THE EFFECTIVE DATE HEREOF.
53
r�1 0� �a
BOOK I FAL 26b
2 4 1989
BOOK 78 Pr' E 26 r
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, to adopt Resolution 89-135
awarding the Bonds as set out above.
County Attorney Vitunac asked that County Financial Advisor
Art Diamond explain the terms we got and tell us how well we did.
Mr. Diamond stated that the one person he would like to
point out as being a driving force behind this bond issue is
Commissioner Scurlock. It has been a very complex issue; we have
spent literally years on it; and he felt Commissioner Scurlock
deserves a tremendous amount of credit for getting this
accomplished. Mr. Diamond informed the Board that this is an 11
year piece of paper. It is non -rated; it has no insurance; it
does not have a letter of credit behind it; and yet it was sold
at a 7-3/4% rate. In comparison, the City of San Antonio
yesterday sold a rated piece of paper at 7.1O%. Mr. Diamond
noted that he would like to take credit for all this, but it
really is more a sense of timing and luck that the County got
into the market when rates were low. If we had been in the
market 3 months ago, we might have been looking at 81%, and he
felt the persistence shown by all involved in getting this done
generated this 7-3/4% rate which he felt is an extremely good
rate. Mr. Diamond asked that the Underwriter, Art Ziev of
Gulfstream Financial, who bought the bonds, carry on a little
further.
Bond Counsel Chuck Sieck wished to say, before Mr. Ziev
makes his remarks, that, luck aside, he felt finding a purchaser
at 7-3/4% was quite an accomplishment on the underwriter's part.
Mr. Ziev thanked Mr. Sieck for his comments and thanked the
Board for affording the opportunity for Gulfstream to assist the
County in their capital program. On a personal note, Mr. Ziev
stated that this has been a very interesting deal to work on
because it is unique. The team came up with something innova-
tive, and it probably is the first time this type of financing
54
has been used. As underwriter, they were able to get a very low
interest rate for the county, and in terms of selling this bond
issue, he and another salesman went to Chicago to meet with
several buyers and actually sit down with maps and go over the
transaction in detail, and one buyer did step forward and take
the entire bond issue.
Commissioner Scurlock talked about the difference 50 basis
points could mean over the life of the bond issue. He noted that
a lot of the time people don't understand what it means to have a
competent team working on issues of these amounts, and in terms
of these basis points, you are talking big bucks. At budget time
we argue over amounts of $10/20,000, and here we are talking
about $300/400,000 at a clip.
Mr. Ziev felt one other factor should be mentioned, and that
is the county itself. He originally anticipated an interest rate
between 8 and 81%, but as they began working with the buyers, it
became very evident what a great reputation Indian River County
has, and that people are confident that this county is going to
continue to grow and develop in an effective and proper way.
Attorney Vitunac reviewed the history of how this bond issue
came about starting with Commissioner Scurlock and Utilities
Director Pinto talking to little groups in the North County.
Vice Chairman Eggert expressed her thanks to everyone
involved for all their hard work and the creativity involved in
bringing this about.
Mr. Ziev presented a good faith check for $60,750 to OMB
Director Baird.
OCT 241989
THE VICE CHAIRMAN CALLED FOR THE QUESTION to adopt
Resolution 89-135.
It was voted on and carried unanimously (3-0) with
Commissioner Bird and Chairman Wheeler being absent.
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BOOK 18 FAEE 261/4.)
,OCT24`d
BOOK
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RESOLUTION 89-135 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
IN ITS ENTIRETY.
Utilities Director Pinto confirmed the difficultyinvolved
with working out this bond issue. He wanted everyone to
understand that while this is probably the end of the financing
part of the project, it is the beginning of the project itself
and we have a long road ahead of us. This is only the core
system. There is probably another 10 million worth of expansion
that will take place in the North County area in utilities just
to connect to this system. Director Pinto stressed that his
staff, Director Baird's staff, and Attorney Vitunac's staff, have
many, many hours in this project. He thought what we have in
Indian River County that he sees missing throughout the industry,
are people who are willing to step forward and willing to make a
decision to take the risk, and he very much appreciated the
support of the Administrator and the Commission to bring this all
about.
Vice Chairman Eggert noted that this project going into the
North County is so very important, especially as related to
affordable housing, attracting businesses, etc.
Commissioner Scurlock commented, in re expansion of
utilities, that there was a small fire up in Summerplace the
other day, and he had a number of phone calls from those who are
even more interested in getting water, not just for drinking but
for fire protection as well. He believed we will see more and
more participation from the community and just wondered if we are
going to be able to move fast enough to do all we need to do.
Utilities Director Pinto noted that mainly with expanding
utilities, the problem is financing, but without utilities, you
stifle development.
OMB Director Baird felt the Board also deserves some credit.
He believed one of the reasons the bonds sold at a good rate is
56
because of Indian River County's name and financial planning -
our getting the Sales Tax, our reserves, and how we have handled
our financial affairs in general.
Commissioner Bowman felt we should also compliment our
Planning staff on their very, very fine Comprehensive Plan.
There being no further business, the Board on Motion duly
made, seconded and carried, adjourned at 10:15 o'clock A.M.
ATTEST:
c..(02A4_
OCT 241989
Clerk V hairman
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