HomeMy WebLinkAbout11/28/1989BOA R D ACT 1 ON & 1 MPLEMEN-rA-r 1 ON
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
NOVEMBER 28, 1989
9:00 A.M. - COUNTY COMMISSION CHAMBER
ADMINISTRATION BUILDING
1840 25th STREET
VERO BEACH, FLORIDA
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.
3. PLEDGE OF ALLEGIANCE - Commissioner Margaret C.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
5D. Proclamation - Care9K Assistance Day
A.• Report on RFP's rec a tor Const.Mgr.& Acceptance of Late
roposal for consider4tion.
85. *Final Payment - Sandridge Rain Shelters.
9h.(2) 2 R.O.Wells for No.Beach Water Plant - (REMOVE FROM AGENDA)
5. CONSENT AGENDA
A. Final Plat Approval for Sylvan
Lakes Subdivision
(Memorandum dated 11/16/89)
B. Waiver of Interest, Demolition
Lien
(Memorandum dated 11/15/89)
C. Right-of-way Purchase from
Horace Hawes
(Memorandum dated 11/17/89)
D. Proc. - Career Assistance Day
6. CLERK TO THE BOARD
none
9:05 AM 7. A. PUBLIC DISCUSSION ITEMS
John & Sonia Kim Public Nuisance
Assessment for. Abatement of
Nuisance
(Memorandum dated 11/13/89)
Bowman ,z =.
Res. 89-146
NOV 2 8 1989
L_
BOOK
• vNOV 2)119 C1
7. B. PUBLIC HEARINGS
Denied application & 1)
staff's recommendation &
directed staff to review ord.
to include suggestions made
today such as should we allow
mining operation near resi-
dential areas.
Approved.
Ord. 89-31 adopted.
Approved:
�
BOOK �8 F',. E 456
ORDINANCE AMENDING SECTION 25(r)
MINING AND EXCAVATION, APPENDIX A,
ZONING, INDIAN RIVER COUNTY CODE
OF LAWS AND ORDINANCES, REGULATING
THE SEPARATION BETWEEN MINES, AND
SUBDIVISIONS WITHOUT A PUBLIC WATER
SUPPLY: AND PROVIDING FOR CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE
2) Acquisition of Pelican Pointe Utilities,
Inc., serving Pelican Pointe Development
(Memorandum dated 10/10/89)
3) ORDINANCE ADOPTING A SPECIAL SURCHARGE
RATE FOR THE PROVISION OF WATER AND
WASTEWATER BY THE INDIAN RIVER COUNTY
UTILITIES DEPARTMENT TO THE CUSTOMERS IN
THE AREA FORMERLY SERVED BY PELICAN POINTE
UTILITIES
4) IRC Wastewater Service to be Supplied
Under Franchise Agreement with Bayside
Utilities Wastewater System Franchise
and Termination of Franchise Agreement
(Memorandum dated 11/6/89)
Approved COUNTY ADMINISTRATOR'S MATTERS '
adding bid that came in
at 2:05, p.m., 5 min. pl Construction Manager RFP's Bid Opening & Report.
Tate.. �_d;" . . . none
Approved.. LB. Final payment Sandridge Rain Shelter
;_.`. 9. DEPARTMENTAL MATTERS
•
. A. COMMUNITY DEVELOPMENT
Res. 89-147
Res. 89-148
adopted.
none
B. EMERGENCY MANAGEMENT
none
C. GENERAL SERVICES
none
D. LEISURE SERVICES
none
E. OFFICE OF MANAGEMENT AND BUDGET
none
F. PERSONNEL
none
G. PUBLIC WORKS
none
H. UTILITIES
1) South U.S. #1 Force Main - Phase II
Indian River Boulevard, Wal-Mart to
Vero Beach Wastewater Treatment Plant
(Memorandum dated 11/15/89)
Deleted.
Approved.
• ••fit=:;•;��•:,:�
9. DEPARTMENTAL MATTERS - CONTINUED
H. PLANNING - Continued
2) Construction of Two Reverse Osmosis
Water Supply Wells for Indian River
County's North Beach Water Plant
(Memorandum dated 11/15/89)
3) Agreement, IRC and Lynn Thomas Hall
Temporary Water Service
(Memorandum dated 11/16/89)
10. COUNTY ATTORNEY
none
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
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.
NOV 28 L9
NOY
(;{�E 5
Fr.i�
Tuesday, November 28, 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,
November 28, 1989, at 9:00 o'clock A.M. Present were Gary C.
Wheeler, Chairman; Richard N. Bird; Margaret C. Bowman; and Don
C. Scurlock, Jr. Absent was Carolyn K. Eggert, Vice Chairman,
who was in Germany 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.
The Chairman called the meeting to order, and Commissioner
Bowman led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler asked that a report on RFP's received for
the position of Construction Manager be added under the
Administrator's matters as Item 8A.
Commissioner Scurlock wished to add as Item 8B under the
Administrator's matters final payment on Sandridge Golf Club rain
shelters and also wished to have a Proclamation on Career
Assistance Day added to the Consent Agenda as Item 5D.
Administrator Chandler informed the Board that he wished to
have Item 9H(2) regarding two R.O. wells for the North Beach
Water Plant pulled from today's Agenda.
NOV 28 iUW
EQGK 78 •EnE 4 58
NOV2
BOOK.
;i'
t o PAGE J
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, Commissioner Eggert being absent, the
Board unanimously (4-0) added to and removed items
from today's Agenda as described above.
CONSENT AGENDA
A. Final Plat Approval - Sylvan Lakes Subdivision
The Board reviewed staff memo, as follows:
TO: The Honorable Members of The Board of County
Commissioners
•
DIVISION HEAD CONCURRENCE:
Robert M. Keating •ICP
Community. Development Director
THROUGH: Stan Boling1?ICP
Chief, Current Development
FROM: Cheryl A. Twore
Staff Planner
DATE: November 16, 1989
SUBJECT: FINAL PLAT APPROVAL FOR SYLVAN LAKES SUBDIVISION
SD -87-12-126
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of November 28, 1989.
DESCRIPTION AND CONDITIONS:
Sylvan Lakes subdivision (formerly Twin Lakes subdivision) is a
proposed 68 lot subdivision of a ±29 acre parcel of land located
at the southwest corner of 58th Avenue and 41st Street. The
subject property is zoned RS -3, Single Family Residential 3 (up to
3 units/acre) and has a land use designation of LD -1, Low Density
Residential 1 (up to 3 units/acre).
Sylvan Lakes Subdivision:
Project Area: ±29 acres
Number of lots: 68
Lot sizes: 12,000 to 17,400 square feet
Proposed Density: ±12.3 units/acre.
At its regular meeting of November 10, 1988, the Planning and
Zoning Commission granted preliminary plat approval and the
owner's agent Lloyd and Associates, Inc. is now requesting final
plat approval and has submitted the following:
2
a. a final plat in conformance with the approved prelimi-
nary plat;
b. a contract for construction of remaining required
improvements;
c. a check for escrow guaranteeing the construction con-
tract is acceptable to the Public Works Department.
ANALYSIS:
All required subdivision improvements, with the exception of some
road -widening improvements to a segment of 41st Street, have been
constructed by' the developer, and have been inspected and deemed
acceptable by the Public Works and Utilities departments.
Through the subdivision review and approval process, the developer
was required to -make provisions for the future widening of a
segment of 41st Street. The developer has committed to
contracting to make these required improvements and is posting
security to guarantee the contract. The Public
Works director has verified the amount of security posted repre-
sents approximately 115% of the cost of construction. The County
Attorney's office has approved the submitted contract for con-
struction of required improvements and the letter of credit which
guarantees the contract.
All applicable requirements regarding final plat approval have
been satisfied.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval for Sylvan Lakes Subdivision, authorize the
Chairman to execute both the submitted contract for construction
of the required improvements and the escrow agreement.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Eggert being absent, the
Board unanimously (4-0) granted Final Plat Approval
for Sylvan Lakes Subdivision, and authorized execution
of the contract for construction of required improve-
ments and the escrow agreement as recommended by staff.
SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
B. Waiver of Interest - Demolition Lien (Radabaughi
The Board reviewed memo from Asst. County Attorney Collins:
NOV 28 l'98S
3
8GC
NOV2 e�9
9
BOOK / FAGE 4b1
TO: The Board of County Commissioners
FROM:0-' William G. Collins 11 - Assistant County Attorney
DATE: November 15, 1989
SUBJECT: Waiver of Interest - Demolition Lien
On October 13, 1989, the County recorded a lien against
property owned by Frances J. Radabaugh, Deceased, for costs
incurred in demolishing a structure. The amount of the lien
is $2,879.24. A check in the amount of the lien was
delivered to the County on November 9, 1989 with a request
that the 27 days' interest be waived.
RECOMMENDATION:
Because of the prompt response to payment of the lien., we
recommend waiving the interest on this lien in the amount of
$25.65, and that the Chairman be authorized to execute the
attached Release of Lien.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Eggert being absent, the
Board unanimously (4-0) agreed to waive interest on the
lien as recommended by staff and authorized the Chairman
to execute Release of Lien to the Estate of Frances J.
Radabaugh, Deceased.
RELEASE OF LIEN
-FOR AND IN CONSIDERATION of the sum of $2,879.24 from
the Estate of Frances J. Radabaugh, Deceased, whose address
Is c/o 2165 15th Avenue, Vero Beach, Florida 32960, the
receipt of which is hereby acknowledged, INDIAN RIVER
COUNTY, whose address is 1840 25th Street, Vero Beach,
Florida 32960, hereby releases In full the property
hereinafter described from that certain Lien recorded In O.
R. Book 844, Page 2913, public records of Indian River
County, which Is more particularly described as:
Tract 12D, Replat of Ridgewood
Subdivision, said plat being recorded in
Plat Book 2, Page 39, of the Public
Records of Indian River County, Florida.
Parcel #12-33-39-00013-0120-00000.1
EXECUTED by the Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested
and countersigned by the Clerk of such Board this 28th day
of November , 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Gary C/,f Wheeler
Chairm n
C. R/W Purchase from Horace Hawes (Oslo Road)
The Board reviewed memo from Attorney Collins:
TO:,Board of County Commissioners
FROM:
William G. Collins, 11 - Assistant County Attorney
DATE: November 17, 1989
SUBJECT: Right -Of -Way Purchase from Horace Hawes
On March 18, 1987 Mr. Horace Hawes dedicated 60 feet of
right-of-way for Oslo Road to Indian River County. This
dedication was a requirement of site plan approval. The 60
foot dedication was In addition to an existing 60 foot
right-of-way.
As you know, it has been the County's position for
approximately the last year that only that right-of-way
needed to meet the minimum local road standards (60 feet)
should be dedicated by a property owner, and compensation
should be provided for any additional right-of-way for= road
way expansion. Typically, this is done through traffic
impact fee credits. Mr. Hawes has requested compensation
for the right-of-way dedicated in excess of local road
standards (60 feet). -
Public Works Director, Jim Davis, indicated to me that he
will need the right-of-way for Oslo Road and that funding
could come•from the traffic impact fees. I offered Mr.
Hawes the difference in the assessed value of his property
before and after the right-of-way dedication. That amount
`.was $2,550.00. Mr.- Hawes wrote back to me indicating that
t'.he felt that the assessed value was below fair market value,
..and that he should be compensated for site plan redesign and
G.architectural plan redesign costs that he incurred when he
t, had to relocate and downsize his building further back on
- the property, to reflect the 60 foot being dedicated to the
County. Mr. Hawes submitted his invoices for redesign to
this office for verification.
Mr. Hawes' counter offer is for $4,686.31 (see attached
letter dated October 26, 1989). I spoke with Public Works
Director Davis on this matter and he•recommended splitting
the difference between assessed value and Mr. Hawes' counter
offer, or $3,500. This is not acceptable to Mr. Hawes. If
he does not get full value, he wants the property back.
The property dedicated to the County was 60 feet by 100 feet
or 6,000 square feet of land on Oslo Road. County
Right -of -Way Acquisition Agent Finney has provided recent
land values in the Oslo Road area in this vicinity at
between 404 per square foot for residential land and $1.31
per square foot for CG. This property is zoned CL. Thus,
it appears that $3,190.00 (or 534 per square foot) for land
and $1,496.31 for redesign expenses, as requested by Mr.
Hawes, would be reasonable.
ALTERNATIVES:
1. Accept Mr. Hawes' counter offer for $4,686.31.
2. Approve as recommended by Public Works Director Davis
at $3,500.00.
3. Quit -Claim the property back to Mr. Hawes in which case
it would need to be acquired in some future date at some
higher price.
RECOMMENDATION:
Approve alternative 1 for $4,686.31.
N OV 2 8 331
Inman RIVE Co
Approved
Date
Admin
X11-17
.
Legal
(A47
Budget
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. 46`
EOOK 8 F'.{Gr �:.r
NOV
6,9
BOOK 78 FAGS auk
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, Commissioner Eggert being absent, the
Board unanimously (4-0) approved Alternative 1 as
recommended by staff.
D. Proclamation - Career Assistance Day
PROCLAMATION
WHEREAS, there is a growing shortage of skilled labor and a
need to recruit and prepare new workers for the work force; and
WHEREAS, many people are ready and willing to participate in
the work force, given the advantage, encouragement, and support to
prepare for work; and
WHEREAS, these people need job search assistance, work
habits training, job skills, basic skills development, labor
market information and career counseling to attain, maintain or
advance in employment; and
WHEREAS, the economic growth and development of the County
depends upon a reliable, skilled work force of which persons with
special needs comprise an important component; and
WHEREAS, the. Vero Beach and Sebastian Chambers of Commerce
and the Indian River Council of 100 regard the work force needs of
Indian River County employers as an important economic issue; and
WHEREAS, the Treasure Coast Private Industry Council, Indian
River County School Board, and the Literacy Council have united
to provide the assessment, career counseling, literacy services,
job search assistance, job training, basic skills development,
and GED preparation needed to prepare people for the workplace;
and
WHEREAS, these services are now available to the residents
of Indian River County through the Career Assistance Center
housed at the Job Training Center, 1500 14th Avenue:
NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY
COMMISSIONERS of Indian River County, Florida that Thursday,
November 30, 1989 be declared
CAREER ASSISTANCE DAY
6
in Indian River County, and the Board urges all citizens to
observe this day by promoting and supporting the development of a
trained work force, visiting the Career Assistance Center,
referring persons needing assistance to that facility, and
promoting employment opportunities for persons who willingly
improve their skills through this service.
Adopted this 28th day of November, 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Gary C
Chairm
heeler
ASSESSMENT FOR ABATEMENT OF PUBLIC NUISANCE (JOHN & SONIA KIM)
Community Development Director Keating made the staff
presentation, as follows, noting that this is a standard public
nuisance case. This, however is a return engagement and one that
the Board has seen before:
TO: James E. Chandler
County Administrator
Fp
THROUGH:
4}
FROM:
DATE:
SUBJECT:
REF:
DIVISION HEAD CONCURRENCE:
obert M. Keating, AICP
Community Development Director
Roland M. DeBlois, AICP
Chief, Environmental Planning
Charles W. Heath2w'
Code Enforcement Of icer
November 13, 1989
John & Sonia Kim Public Nuisance; Assessment for
Abatement of Nuisance
CV -87-10-432
It is requested that the data herein presented be given formal
;consideration by the Board of County Commissioners at their
:fgregular meeting of November 28, 1989.
NOV 28 199
7
BOOK 8 PAGE46.1
NOV 2 E 4989
Moo or;
'DESCRIPTION AND CONDITIONS:
BOOK % FA.GE 4
On _June 23, 1989, Code Enforcement staff sent a Notice of Public
,Nuisance ,to John & Sonia Kim, concerning the overgrown weed
?'condition of their property in Vero Shores subdivision. The
respondents were cited as maintaining their property in violation
'of Section 13-18(a)(1) of the County Code, which prohibits the
accumulation weeds in excess of 18 inches in height within a
platted, recorded subdivision (where the lot are at a minimum of
50% developed).
The subject property was also posted as set forth in Section 13-23
of the County Code, giving the Respondents thirty (30) days to
abate the weed nuisance.
The weed violation was not abated within the required thirty (30)
day time period. Therefore, in accordance with Section 13-19(b),
County Code, County Personnel (i.e., Road & Bridge Division)
cleared the weed violation, with costs to be assessed against the
property owners.
Section 13-21 of the County Code requires that the cost of a
County weed nuisance abatement shall be calculated and reported to
the County Commissioners, who, by resolution, shall assess such
cost against the subject property. This matter is presented
herein to the Board for consideration to adopt said resolution.
ALTERNATIVES AND ANALYSIS:
Section 13-21(a), Public Nuisances, of the Code of Laws and
Ordinances of Indian River County specifically reads as follows:
"After abatement of nuisance by the county, the cost thereof
to the county as to each lot, parcel or tract of land shall
be calculated and reported to the Board of County Commission-
ers. Thereupon, the Board of County Commissioners by
resolution,' shall assess such costs against such lot,
parcel, or tract of land. Such resolution shall described
the land and state the cost of abatement, which shall include
an administrative cost of seventy-five dollars ($75.00) per
lot.
Such assessment shall be a legal, valid, and binding
obligation upon the property against which made until paid.
The assessment shall be due and payable thirty (30) days
after the mailing of notice of assessment after which inter-
est shall accrue at the rate o twelve (12) per cent per annum
on any unpaid portion thereof."
Cost for equipment use and labor, as indicated by the Road &
Bridge Division, plus the $75.00 administrative cost, calculates
to be:
Labor:
Equipment:
Administrative Fee
Total:
RECOMMENDATION
$ 6.26
24.50
75.00
$105.76
Staff recommends that the Board of County Commissioners adopt the
proposed resolution assessing $105.76 in abatement cost, in
accordance with Section 13-21(a), of the Indian River County Code
of Laws and Ordinances.
8
Chairman Wheeler felt we should give someone the benefit of
the doubt on a first offense, but wished to know if there is any
way that we can speed up the process when we have a recurring
nuisance such as this so that the neighborhood does not have to
keep putting up with an eyesore every few months.
Director Keating advised that staff is working on that with
the attorneys office now.
Commissioner Bowman was concerned that we may not be
charging enough overhead on a matter such as this as she felt
sure it must cost much more than $105 in staff time, etc., to
process these things.
Commissioner Scurlock expressed the hope that if any of our
enterprise fees need increasing that we look into it to make sure
we get the proper compensation.
The Chairman asked if anyone present wished to be heard as
this is a public discussion item, and there were none.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) adopted
Resolution 89-146 assessing costs of weed nuisance
abatement.
NOV 2 8 1989
9
BGGK. 78 E',1 466
NOV2
1989 am 78 Du 467
RESOLUTION NO. 89-146
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED
NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO SHORES
SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A BINDING
OBLIGATION UPON THE PROPERTY UNTIL PAID.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the regulation of the accumulation of
weeds is in the public interest and necessary for the health,
safety, and welfare of the citizens of Indian River County; and
WHEREAS, Indian River County Ordinances No. 87-33, "Public
Nuisances," defines as a public nuisance weeds in excess of 18
inches in height on a lot contiguous to a residential structure
within a platted residential subdivision where the platted lots
are at a minimum of 50% developed; and
WHEREAS, the Board of County Commissioners of Indian River
County has determined that landowners are responsible for abating
public nuisance existing on their property; and
WHEREAS, a Notice of Public Nuisance calling for the abate-
ment of the described nuisance was sent to the owner(s) by cer-
tified mail, and notice was posted on the subject property for 30
days, in accordance with Section 13-23, "serving of notice," of
the County Public Nuisance Ordinance, and
WHEREAS, the landowners of the subject property failed to
abate the described weed nuisance within 30 days of the posted and
mailed notice; and
WHEREAS, Section- 13-19(b) of the County Public Nuisance
Ordinance (No. 87-33) authorizes County personnel to abate a
public nuisance if the nuisance is not abated by the landowner
within 30 days of notice; and
WHEREAS, as of September 7, 1989, County & Bridge Division
abated the herein described weed nuisance, in accordance with
Section 13-19(b), of the County Public Nuisance Ordinance; and
WHEREAS, Section 13-21(a) of the County Public Nuisance
Ordinances provides that, after abatement of a nuisance by the
County, the cost thereof shall be calculated and reported to the
Board of County Commissioners; thereupon, the Board, by resolu-
tion, shall assess such costs against the subject property, such
costs to include an administrative fee of seventy-five dollars
($75.00) per lot; and
WHEREAS, the total cost of equipment use, labor, and adminis-
trative fee for County abatement of the herein described nuisance
is determined to be one hundred and five dollars and seventy-six
cents ($105.76); and
WHEREAS, Section 13-21(c) of the County Public Nuisance
Ordinance provides that the assessment shall be due and payable
thirty (30) days after the mailing of a notice of assessment,
whereby if the owner fails pay assessed costs within the thirty
(30) days, a certified copy of the assessment shall be recorded in
the official record books of the County, constituting alien
against the property, subject to twelve (12) percent per annum
interest;
10
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-
ERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1) The foregoing recitals are adopted and ratified in their
entirety.
2) The costs of county abatement of the herein described
weed nuisance, totaling an amount of $105.76 is hereby
assessed against Lot 15, Block 9, Unit 1, of Vero Shores
Subdivision presently owned by John & Sonia Kim, whose
listed address is 37-76 62nd Property Management Compa-
ny, 1951 Cedar Swamp Road, Brooksville, New York 11545.
3) The •$105.76 assessment shall be due and payable to the
Board of County Commissioners thirty (30) days after the
mailing of a notice of assessment to the landowners,
after which, if unpaid, a certified copy of the assess-
ment shall be recorded in the official record books of
the described property, subject to twelve (12) percent
per annum.
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock and seconded by Commissioner
Bird , and adopted on the _2$111_ day of
November , 1989, by the following vote:
Commissioner Gary Wheeler Aye
Commissioner Margaret Bowman Aye
Commissioner Richard Bird —Aye
Commissioner Carolyn Eggert Absent
Commissioner Don C. Scurlock, Jr. —Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 28th day of November , 1989.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Gary C. heeler. Chairman
PROPOSED ORDINANCE AMENDING MINING ORDINANCE RE SEPARATION
BETWEEN MINES & SUBDVS W/O PUBLIC WATER SUPPLY
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:
NOV 2 `w
11
BOOK 78 F'" 1:468
'NOV 2 E 93
• 4'
r.
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published'
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
VERO BEACH PRESS -JOURNAL
Published Daily
f
Vero Beach, Indian River County, Florida
in the matter of
.'iai• p F.,1'
.x4,y iJ
acr;�
';;;`fished in said newspaper in the issues of , /'y79
a„zfryd
in the Court, was pub-
•. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid •nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me th'
(SEAL)
*easy Pulite. State of Florida
arearwaalimkevt+apw Jute. app, I C
BOOK 78 PAGE 469
7"irortce tiekdAttING
:1,1'NOTICE IS HEREBY GIVEN that the Board
County Commissianere of Indian River. County,
@Florida, shall hold a ppuublic hearing et which par-
( Ales in Interest and cttfzens shall have an coot:
sbudty to be heard In the County Cammisaicri,
Chambers at the bounty Admlnlatration Build -ii
ing. located M.1840 25th Street Vero Beach.
tv" Ionto der recommending November 28,:1989. at 9:05
o• "to an Ordinance entitled' „ rr . 7$ •-
INDIAk • • !•
ORDINANCE '.OFfn
COUNTY.. AMENDING SECTION' 25(ry;
:MINING 'AND DCCAVATION, APPENDIX •
t y4YA ZONING-INOI N RIVER COUNTY':.
,!7,F.; CODE OF LAWTMS
E SEPARATION BE-
.gS AND ORDINANCES;;;
tf�' NWEEN MINES; AND SUBDIVISIONS•
4 WITHOUT A PUBLIC WATER SUPPLY;
AND PROVIDING FOR COD TE a
�tl.k$EVERABILIIY EFFECTIVE`;
rt:: •i;i:� j;�.! �� •;;ed • Ordinance. will'
.til'G.:'1;�•b i'. ;ts.
rsvailabl o Ple anning Department office --On: ,
the second tloor.of the County' Administration
Building atter October 20,1989.,.,'.;,;}?;..5;i:ai.9 1 !.
Anyone who may wish to appeal aderision
• which nnyyich may be made at this wUl need to
ensure that a verbatim record of the proceedings
:Is made which Includes the testimony and evi-
dence upon whtoh the _tweet will be based. 1
INDIAN RIVER CappOUNTY@---.:;•.Y;,•�t!If�i
....it ,•.BOARD OF COUNTY COMMISSIONERS'
BY:-.0gpy.WHE CHAIRMAN -.e
Nov. 3,1989 .
Chief Planner Stan Boling made the staff presentation as
follows:
12
TO:
FROM:
.DATE:
SUBJECT:
James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. Keatng, , CP
Community Developme toDirector
Boling, AICP
Development
THROUGH: Stan
Chief, Current
John W. McCoy,
Staff Planner,
vAt
Current Development
October 19, 1989
A REQUEST TO AMEND SECTION 25.1(t)b.5.6 RELATING TO
THE REQUIRED SEPARATION DISTANCE BETWEEN MINING
OPERATIONS AND SUBDIVISIONS HAVING NO PUBLIC WATER.
is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
,,meeting of November 28, 1989.
�% y• ;.
BACKGROUND AND PROPOSED REQUEST:
L.
.Mosby and Associates Inc. has submitted an ordinance amendment on
rtehalf-of Todd Smith to amend the mining special exception specif-
w is land use criterion that requires a separation distance between.
:ymining operations and platted subdivisions that have no public
.water service. _The specific land use criterion currently reads:
"6. The site must not be located within one thousand (1,000)
feet of any platted subdivision that is not serviced by
public water."
This .provision . was put in place to help protect homes on .platted
lots with wells from adverse groundwater impacts of mining and
de -watering. Oftentimes de -watering occurs in conjunction with
mining operations. This de -watering can lower the ground water
table surrounding the subject site and can adversely affect
shallow wells used by single family residences. The applicant is
requesting that the criterion be modified to allow mining that
:_..does not involve de -watering closer than 1000' to a platted
subdivision that has no public water service.
At its regular meeting of October 26, 1989, the Planning and
"'::Zoning Commission voted 6 to 1 to recommend approval of the
: ordinance revision to the Board of County Commission.
ANALYSIS:
The subject criterion as it stands does not take into account the
fact that some types of mining operations do not remove and/or
circulate any groundwater. These types of "non -de -watering"
mining can be wet or dry operations. In a wet mining operation,
an operator could extract material from a pit with a dragline or
other device and pile material until it is loaded into trucks for
distribution. Wet digging would occur within the groundwater yet
the groundwater table would remain constant.
In a "non -de -watering" dry mining
strip material via a bull dozer
groundwater table. The material
NOV 28 Od9
operation, the operator would
or other machine down to the
would be stockpiled and then
13
6
BOOK F'' ��. 0
Nov 2E1X39
BOOK
78 F„E 471
hauled off site. The groundwater table is never reached with this
type of dry mining. Neither of these types of mining operations
affect the ground water level and would not affect the available
supply of well water for surrounding single family residences.
Based upon the fact that "non -de -watering" types of operations are
viable and could have no adverse effect on groundwater quantity or
quality, the applicant is proposing that the ordinance be changed
to permit these types of mining operations within 1000' of a
platted subdivision having no public water service.
The staff has researched such a proposal and has concluded that
the intent of the existing criterion, to help protect well water
supplies from de -watering impacts, could be satisfied by means
other than the 1,000' separation requirement. The staff has
proposed to revise the criterion to read as follows:
•
"6. The site must not be located within one thousand (1,000)
feet of any platted subdivision that is not serviced by
public water. However, this provision can be waived by
the approving body provided that:
a.
b.
c.
`yy4'RECOMMENDATION:
',Based on the analysis performed, staff recommends that the Board
,of County Commissioners approve the Ordinance amendment proposed
=by staff.
the applicant provide a sworn statement as to the
method of mining which states that no de -watering
will occur, (whether drained off-site or recir-
culated on site);
the applicant provide information locating all
wells within 1,000' of the project site as defined
in the ordinance; and
the applicant provide a certified statement by a
groundwater hydrologist stating that the proposed
mine will not affect groundwater quality or quanti-
ty, referencing the well location information
required above.
Chief Planner Boling pointed out that this is an ordinance
text amendment which would apply to the entire county, and it
deals with one of the setbacks in our current regulations that
affect mining operations. He noted that for any mining operation
there are two setbacks that are key and referred to the following
graph:
14
/eve
A. I?,ceAYATioN sersmeK FoR ALL MINES Vj fR11tt l000' of
PLAii b SuBDLVISiot, W,b ? .ice WATER•
g. ?RESENT Etc?AVATIoFI .S T BA@J . $S IS& Fltor. 'P AT D
SuBblViaioN WrTN Posa:tc WATER.
Planner Boling clarified that there is an 100' setback from
the pit boundary to the project boundary itself and then an 150'
setback from that project boundary to an abutting property line;
so, in any mining operation, the pit itself will be at least 250'
from the property line. In the ordinance there is also a setback
for equipment used in the production of the mining materials -
crushing bins, tanks, etc. That setback is 600' where the
project abuts residential and 250' where it abuts non-residential
property. The other setback in the ordinance, which is the one
in question this morning, is the 1,000' setback from the project
property line to a platted subdivision which does not have public
water.
Commissioner Scurlock wondered how you differentiate a
mining project such as this from development projects such as
Lake in the Woods which impacted wells in the surrounding area
when they dug their lakes and asked if we have some safeguards on
operations that are using their excavation material for their own
project.
Commissioner Bowman noted that our definition of mining is
if the material is removed from the site; so, she did not feel
our ordinance is inclusive enough.
Commissioner Scurlock noted that while he did not want to be
too restrictive to these type projects, he does want to have some
protection to alleviate their effect on neighboring properties.
NOV 2$ 1999
15
hie -
BOOK 8
e �
Ari d /4r
rtuC
X989
ROOK 78 D.r,E 47j
Commissioner Bowman felt that they simply shouldn't have
been allowed to excavate down to the water table.
Director Keating believed these are good points. He agreed
that basically there is less protection in a development such as
Lake in the Woods, for instance, than there is in something that
is strictly a mining activity, and staff can look at this when
re -doing the Land Development regulations.
Commissioner Scurlock felt we need to look into this,
especially as we start seeing in -filling of areas between
existing neighborhoods.
Commissioner Bowman stressed her belief that you could
reduce the amount of fill you require if you just used it for
your roadways and put your buildings up on pilings.
The Chairman asked if anyone present wished to be heard.
Randy Mosby of Mosby and Associates, Inc., came before the
Board representing the applicant. He wished to make the point
that the ordinance was set up originally to apply to the dry
mining process, which type mining does have an effect on
neighboring wells. Mr. Mosby further pointed out that while St.
John's River Water Management District does require consumptive
use permits on a dry mining operation of any size to insure there
is nodrawdown on adjacent wells, they do not require consumptive
use permits on the wet mining process for operations of less than
12 acres. He stressed that why they are here today relates to a
strictly technical question, and they are just requesting an
amendment to the ordinance to allow wet mining operations closer
than 1,000' to subdivisions that do not have public water, with
the conditions outlined in staff's memo.
Planner Boling confirmed that staff is recommending approval
of the requested waiver provision with the 3 conditions suggested
in staff's memo, and Mr. Mosby believed that the P&Z concurred
with this also.
Robert Musante. 7925 126th St., Vice President of the
Roseland Property Association, came before the Board speaking for
16
5
the Property Owners and for himself. He reported that they had
a Board of Directors meeting last week and they are unanimously
against the proposed modifications or exceptions to the Mining
Ordinance. Mr. Musante noted that at the Pa meeting several
weeks ago one of the Board members indicated they were proud of
having one of the finest mining ordinances in the state, and now
a special interest group has come in and because they have a
piece of property that is too small to do sand mining on, they
have asked that we change this ordinance that is one of the best
in the state for their own special interests. Mr. Musante
referred to the ROSE 4 home occupation zoning where some special
interests came in and their attorney actually wrote the ordinance
and had it changed just to fit the special interest groups.
However, the citizens finally stood up against it, and it was
reverted back to what the rest of the county was. Now here we
have another special interest group picking the distances they
need to do their sand mining and asking that we change the
existing ordinance to suit their purposes.
Mr. Musante continued that the setback has been talked about
only in terms of water quality, and not about what happens in the
adjacent communities. This particular project backs right up to
platted subdivisions. There will be a dredge operating there at
least 8 hours a day, and a loader and trucks running every 2-3
minutes all through the day; there will be constant dust pollu-
tion; and this process could go on 7 to 8 years. The trucks
would be running down Gibson Street to Roseland Road; Gibson
Street is more than 50o zoned residential; and those residences
are already impacted by the traffic to and from the Landfill
transfer station. Mr. Musante pointed out that Roseland is not
an affluent community. There are a lot of retired people there
who want to be left in a fair amount of peace and quiet, and with
this project that entire section will be inundated in dust and
noise. The people don't want the mining operation there; it is
not a big enough property to have it there; so, let them find
17 w 78 47IL
NOV 2 19d9
BooK 78 ur.E 475
another location where there is sufficient room for their
operation. Mr. Musante further pointed out that if the Board
does change this ordinance, what happens here could take place
anywhere in the county, not just Roseland.
Commissioner Scurlock expressed confusion. He believed this
is an ordinance that will be effective countywide, and now he is
hearing that we are talking about a special interest to develop a
mining operation on a specific piece of property, which bothers
him a bit.
Community Development Director Keating pointed out that the
county has a mechanism available by which anyone can petition to
change an ordinance. That is what was done, and the issue on
which Mr. Smith is requesting a change is one which the staff did
not have a good rationale for. There is no provision in the
ordinance right now to differentiate between the wet and dry
mining activities; so, that's why staff agreed with the applicant
that possibly the present criterion does not have a rational
basis.
4
Commissioner Scurlock asked if Mr. Smith can develop the
mining operation under the current ordinance, and it was
confirmed that he can if he stays 1,000' from the platted
subdivision.
Commissioner Bird felt the basic question here is whether
there are factors other than just having potable water in a
platted subdivision that come into play and might mandate that a
mining operation should be placed further away.
Commissioner Scurlock emphasized that when we have citizens
in residential areas who are upset about the impacts of the dust,
the noise, the condition of the roads, etc., caused by a mining
operation, he is concerned as to whether we should allow such
operations in residential areas or whether we should only allow
mining that is done in conjunction with developing that
particular piece of land. He personally felt you shouldn't be
18
allowed to mine in residential areas except when developing a
particular project.
Commissioner Bird believed that sand mining requires Agri-
cultural zoning, but Director Keating advised that was changed in
the new mining ordinance. Staff found it made more sense to have
it as a Special Exception Use in residential areas where you can
put in a lot of conditions they have to meet because otherwise
they would come in asking for a rezoning to Agricultural for a
10/20 acre parcel.
Commissioner Scurlock did not see why we should allow this
type activity in a residential neighborhood when there is plenty
of land out in the country where there would be enough buffer.
Commissioner Bird felt the question is what constitutes a
residential neighborhood - is it some people living out in the
country on 5 acre parcels or a platted subdivision.
Chairman Wheeler commented that the mining operation he gets
the most complaints on is Charley Brice's way out west of 1-95,
and there are only about 5 people out there.
Commissioner Bowman believed those complaints are because he
doesn't keep the road maintained as he should.
Mr. Mosby informed the Board that he has done the engin-
eering on about 8 land mines in the county, and what they are
here about today is strictly a technical issue. This property
can have a sand mine on it without the proposed change, and they
still have to meet all the strict requirements mandated to
protect the people in the adjacent area. This property is zoned
Agricultural; it is not a residential piece of land; and the
technical question relates strictly to dewatering versus drawdown
on wells. Mr. Mosby believed there will be many more land mines
and this question will come up again time after time.
Commissioner Scurlock agreed their request relates to a
technical question; however, the fact is that their request has
raised many other questions.
'NOV 2 9
L.
19 BOOK 78 F.A c. s i
NOV
BOOK. 78 FJE 477
Chairman Wheeler noted that the question here is specific to
this ordinance, and felt probably we should address that. To get
the permit to mine they have got to meet the many other
requirements mentioned by Mr. Mosby, and these other questions
could be addressed at that particular time. This is simply an
ordinance change.
Commissioner Scurlock believed you are reducing the setback
from residential by 850', and Planner Boling agreed but stressed
that this only deals with a residential area on well water.
Commissioner Bird asked if this happened to be a strip
mining operation, what the minimum separation required would be.
Planner Boling advised that it still would be 1,000' if the
adjacent subdivision did not have public water. Right now the
ordinance does not distinguish between dry mining, wet mining,
strip mining, etc. What is proposed is to recognize a type of
mining activity that would not have a drawdown effect on wells.
Commissioner Bowman expressed her belief that they have
found a loophole in an inadequate ordinance.
Mr. Mosby continued to stress that this is a strictly
technical issue, but Commissioner Scurlock noted that, whether
you call it technical or not, what is proposed liberalizes the
ordinance and makes it less restrictive.
The Chairman asked if anyone else wished to be heard.
The applicant, Todd Smith, commented that the way the
present ordinance is written with the 1,000' setback is to
protect people's wells. He agreed that when you dewater, you do
have a suction effect. He simply is asking that this ordinance
be changed to recognize that there are different types of mining
and that if you do your mining in the wet and don't have any
pumping of water, you are not going to be sucking any water out
of adjacent wells. He just wished the Board to refine the
present ordinance to recognize that there are different types of
mining.
20
Commissioner Bird believed Mr. Smith has raised a question,
at least in his mind, as to whether or not we should allow a
mining operation closer than 1,000' from a platted subdivision
regardless of the dewatering aspect.
Mr. Smith continued to stress that if the subdivision is on
public water, they can get much closer, but Commissioner Scurlock
felt that Mr. Smith has pointed out something that raises the
question of whether these operations should be allowed in a
residential area at all.
Mr. Smith again emphasized that they still have to meet all
the other regulations.
Chairman Wheeler believed Mr. Smith's request is legitimate
based on the way the ordinance is written, but what he is
hearing, that he agrees with, is that possibly we shouldn't allow
mining at all within 1,000' of a subdivision and that possibly we
also should change the ordinance to require greater setbacks from
residential areas.
Commissioner Bird noted that the issue before us today that
these people have made their petition under is based on existing
rules, and he wished to know what action we need to take today
with what is before us to keep the 1,000' buffer - would that be
to deny their request?
Commissioner Bowman agreed that would be the action we
should take and suggested that we also ask that the ordinance be
amended to address the other problems raised today.
Commissioner Scurlock brought up the point that there are a
lot of places that are designated Agricultural/ on the map, and
while we tend to think of Agricultural in terms of large areas
lying out to the west of the county, there are a lot of little
pockets of Agricultural all over the county.
Commissioner Bird stated that he did not want to do anything
today to change the rules of the game as they exist, but he also
was not prepared to take any action today that would have the
N O V 9 8 1989
21
BOOK 78 ' ,; 478
NOV 2L
BOOK: ( o f' EE Ei79
effect of moving this mining operation 850' closer to a platted
subdivision.
Mr. Smith stressed that the ordinance today allows the
mining operation to be within 150' of a subdivision that has
public water, and Chairman Wheeler agreed that is true, but from
what he is hearing today, he did not believe it will stay that
way very long.
Discussion continued, and Director Keating advised that one
reason the ordinance was changed was because we found ourselves
in an unusual position several times when an applicant came in
who possibly had excess material on site when he was digging
lakes for stormwater management. That applicant might be just
doing a development, and if it was in a residential area, he
could not legally do his stormwater management excavation and
take the excess fill off that site.
Commissioners Bowman and Scurlock felt maybe that is another
thing that should be written in the ordinance and possibly it
could be dealt with through a variance procedure.
Commissioner Scurlock personally did not see allowing any
mining operations next to residential anywhere in the county.
Those adjacent residents would be eating dust for years, and he
did not want someone to have to endure what he wouldn't want to
have to put up with.
The Chairman determined that no one else wished to be heard
and thereupon closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) denied
staff recommendation and directed staff to readdress
the issues raised today.
22
ACQUISITION OF PELICAN POINTE UTILITIES, INC.
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:
`r VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
:k • in the matter of edeiLftifitee
in the Court, was pub -
fished 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.
Sworn to and subscribed before me this G? day o
(SEAL)
On Tuesday, November 28, 1989,4t 9:05 A.M.,.
the Board of County Commissioners of Indian'
River County,.Florlda,will meet In.the'County',
Administration ButId ngg at -1840 25t1.Street, Yero
Beech. Fl.. to conatder the purchase IrAthe'
"County of the• Pelican. Pointe Uthlty,System.' h14
:�luding certain real property find equipmentiot.
a total price of $184,124.00. All Interested partles
are invited to attend a public hearing
(this purchase; .at:,wh ch • time !me „Ciller-WI
hake a presentation putsuant to 125.3401, rot,.
Ida • Statutes regarding the :advisability 'ot fhb'
:purchase. It it contemplated that a&surctfarge of
. j$7.00 per month ppeerr customer on the customers'
of the Pelican.Poime Utfl Syeteewiltbe
,of
fund this purchaser° 44.1),:e). V4'6*
:Anyone who may --wish to appears
lwhich may be made at this meeting
:ensure that a verbatim record of
;Ings is made, which Includes teatime
' :dance upon which the appegt_le_
(Mov.3, 8:1989 r • •
Utilities Director Pinto made the following presentation:
NOV 28 k89
23
KOOK
r.
0
NOV 2 -,3 989
BOOK 8 F'". 481
DATE:
TO:
FROM:
OCTOBER 10, 1989
JAMES E. CHANDLER
COUNTY ADMINISTRA
TERRANCE G. PINT
DIRECTOR OF UTILI -ERVICES
'PREPARED &
STAFFED BY: HARRY E. ASHER
ASSISTANT DIRECTOR OF' UTILITY SERVICES
SUBJECT: ACQUISITION OF PELICAN POINTE UTILITIES, INC., SERVING
PELICAN POINTE DEVELOPMENT
BACKGROUND:
The Pelican Pointe Water and Sewer Utility currently serves
approximately two hundred and forty-four customers within the
Pelican Pointe Development and Pelican Shoppes.
The wastewater treatment plant is an 0.090 million gallons per day
(MGD) contact stabilization process wastewater plant.
The water treatment plant is an 0.036 MGD reverse osmosis water
plant, with a blend capacity of 0.049 MGD, for a total capacity of
.0.085 MGD.
`.The utility wishes to sell the system and, as a result, the County
has been negotiating its purchase. The negotiated price at this
time is $194,124.00.
,ANALYSIS: -
The County's policy has been to acquire such privately held
utilities and to expand its regional and subregional water and
wastewater facilities. Acquisition of this system will assist us in
implementing this policy for the North County area.
Acquisition costs are to be financed .at no interest through a
surcharge of $7.00 per customer per month, for a period of eight
years, or until $194,124.00 has been paid. Based upon an average
usage of 4,000 gallons per month per customer paying current Indian
River County rates, plus the estimated $7.00 per customer per month
surcharge, the customers would realize an estimated increase of
$2.44 in their monthly charges.
RECOMMENDATION:
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the proposed purchase
agreement, based upon the outcome of the Public Hearing.
Director Pinto informed the Board that total build -out will
be approximately 100 more units. There is a 7 year buy-out
provision under the franchise and a specific formula to establish
the price, which was negotiated down to $198,000. Mr. Pinto
felt this purchase will enhance the County's regionalization of
utilities and will, in the long run, be beneficial to the users
of the system. He explained that we intend to make use of the
24
water facility instantly to improve the quality of water people
are receiving in the area. We have met all the requirements
under state statute regarding our investigation of the utilities.
As to the economics, there will be a $7.00 surcharge on the
county rate structure which will be charged only to those who are
receiving the benefit of the utilities we are purchasing. Mr.
Pinto believed the system is in adequate condition to take over
with minimal cost for any present deficiencies and he recommended
the purchase.
Commissioner Scurlock asked if $500,000 is to be released
from the escrow monies into the County impact fee account.
Director Pinto confirmed that it is, and it actually amounts
to $499,000.
Commissioner Scurlock asked about the $198,000 purchase
price that is due to Pelican Pointe based on a surcharge charged
to existing and future units, and Director Pinto explained that
is only paid to Pelican Pointe as the surcharge is received by
the County and will be forwarded to the former owner of the •
utility for a maximum period of 8 years.
Commissioner Scurlock pointed out that, therefore, there is
no negative impact on our cash flow. He informed the Board that
this adds to our growing list of acquired utilities, which now
amounts to 24, and he sees planned acquisitions still remaining
of about 22 additional, which would bring us to a point where
there would be no private independent free -wheeling utilities
that could be potential future problems.
Director Pinto agreed this is moving towards the elimination
of private utilities, particularly those that are under franchise
with us. There are some existing without franchises that we have
to get to, but we are well_on our way.
Commissioner Scurlock commented that there have been some
meetings with the School Board. He believed they have expressed
the view that they have a desire to be out of the utility
business and that we have current negotiations with the school
NOV 28 X989
25 f‘ooF 78 EArA.482
NOV d99
r L-�
BOOK ..�; FA L483
system either to take over in terms of ownership or at least take
over the operation of all of the existing or proposed plants
accompanying the various schools throughout the county.
This was confirmed by Director Pinto.
Commissioner Scurlock felt it is important to put on the
record just where we started out and where we are going. He
stressed that Mr. Alexander of the DER complimented us on the
forward approach we are taking with our utility system and what
we have done already to work towards providing for the health,
welfare and safety of those in the county and those moving into
various projects in the county. Commissioner Scurlock com-
plimented staff on their efforts in this direction and felt the
Commission also should be commended on giving the direction to
move forward aggressively and take the chances and use the
creativity to try to acquire these systems so we can protect our
environment.
Director Pinto expressed his appreciation of those remarks
and commented that he has attended various seminars on methods of
purchasing utilities and establishing values of utilities; in
fact, he is considered to be somewhat of an expert in these
things, and he would say that by far Indian River County is a
leader not only in the acquisition of the small utilities, but
also in the value of the utilities we receive compared to what we
pay for them.
Commissioner Scurlock asked if it is true that in every case
the acquisition price the county has paid for these utilities has
been less than the actual acquisition provision within the
franchise agreement and that it always has been less than the
replacement cost or the original cost depreciated.
Director Pinto confirmed that statement and added that our
acquisition price always has been less than in any similar type
of negotiations he has seen anywhere else in the state of
Florida.
26
Commissioner Scurlock explained that one of the reasons he
wanted to make these comments for the record is because of the
critical remarks he read in the newspaper recently that were made
by Sue Thompson, who happens to be Vice Chairman of the
Democratic Party in this community, when she has not asked for or
read any of the documentation and actually does not know any of
the facts about our financing of the acquisition of utilities.
She was quoted as a resident expert when actually she was
comparing our bond issue to rated insured issues instead of
unrated junk bonds - actually, this is the first issue of this
type ever done this way.
Commissioner Bowman believed we have made fine progress so
far, but felt that we still have a very long way to go.
Commissioner Scurlock noted that in 1980 we had almost no
utility customers and now we have over 12,000, and with the new
acquisitions, another 6,000.
The Chairman asked if anyone present wished to be heard.
Clarence Kimball of 5765 Pelican Pointe Drive, wished to
know if the entrance fee has been paid by the developer to
connect into the sewer when the time comes.
Commissioner Scurlock advised that the impact fees have been
paid for each ERU that presently has a C.O., and Director Pinto
confirmed that is the escrow amount of $499,000.
Mr. Kimball then wished to know if they still will be using
the leach field they have now when they hook up to the main
sewer, and Director Pinto advised that we will be taking that out
of service.
Mr. Kimball was pleased to hear that because it is wet out
there, and Commissioner Scurlock suggested that the condo associ-
ation look into what the developer is planning to do with that
piece of land once the plant is dismantled.
The Chairman determined that no one further wished to be
heard and thereupon closed the public hearing.
1J89-
27 floor F7 ,r. 4S1
NOV 2 0 1989
BOOK 78 85
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) approved
the proposed purchase agreement with Pelican Pointe
Utilities,_Inc.
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
PELICAN POINTE UTILITIES, INC.
RE: COUNTY TAKE-OVER OF UTILITY SYSTEM
THIS AGREEMENT, made this
28thday of
November , 1989,
between INDIAN RIVER COUNTY, a political subdivision of the State
of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY)
and PELICAN POINTE UTILITIES, INC., whose address is 9600 U.S.
Highway 1, Sebastian, Florida 32958.
W ITNESSET H:
WHEREBY, SELLER is the owner of a water and wastewater
utility system servicing a portion of Indian River County; and
WHEREAS, COUNTY has embarked on a program of providing
quality water and wastewater service to as much of Indian River
County as is financially feasible; and
WHEREAS, as part of this program, the COUNTY has approached
SELLER concerning purchasing his utility system; and
WHEREAS, SELLER has agreed to this purchase by COUNTY of the
water and wastewater systems, including plant and distribution
systems, for the sum of $194,124.00; said amount to be paid
through a surcharge of $7.00 per ERU for the term of eight (8)
years; and
SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN
ITS ENTIRETY.
28
ORDINANCE ADOPTING A SPECIAL SURCHARGE RATE FOR PROVISION OF
WATER AND WASTEWATER TO FORMER PELICAN POINTE UTILITY AREA.
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
c;-; Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath
:. says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
'tat Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
. xtar:ed
In the matter of
in the Court, was pub-
Ilshed in said newspaper in the issues ofc, /f
ig
ii -
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, eacn 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 f.urther says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this
(SEAL)
NOV 28
.19D/
(Business Managerj-
ipp ary Public, State of Morton
' r -.-6 *s: PUBLIC NO110E ' i•♦ S ` a i
kThe Board of County Commissioners of
`River County, Florida, herein, provides notice of.
,a Pubiio Hearing scheduled for 8A5,AqJ�N.,.9
:Tuesday. Nbovember 28. 1888, to diva ---"Fri pra-
t
posed ordinance entitled: . = . .
IAN ORDINANCE OF MAN RIVER -COUNTY:,.
' FLORIDA, ADOPTING A SPECIAL. SURCHARGE :
RATE FOR THE PROVISION OF WATER AND
..WASTEWATER::•BY ::THE • INDIAN' ,RIVER
S COUNTY ' UTILITIES 'DEPARTMENT TO THE
• CUSTOMERS IN '•.THE AREA FORMERLY
, SERVED BY PEUCAN POINTE UTILITIES. _•.. , •
Anyonemay will need to
who may wish to amade at thismpepeetlal�any decision
E ensure theta verbatim record of the proceed -
Inge le made: which Includes teatlmony and evi-
E dance upon which the appeatis.besed., • • *.
P Nov. 3, 1989 ,.• , .•... `' ' `1+...
The Chairman asked if anyone wished to be heard regarding
the proposed surcharge rate for customers in the area formerly
served by Pelican Pointe Utilities, Inc. There were none, and
thereupon closed the public hearing,
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) adopted
Ordinance 89-31 approving a special surcharge rate for
the provision of water and sewer service to customers
in the area formerly served by Pelican Pointe Utilities.
29
he
NOV 2C
BOOK 78 PAGE 487
ORDINANCE NO. 89- 31
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A SPECIAL SURCHARGE
RATE FOR THE PROVISION OF WATER AND
SEWER SERVICE BY THE INDIAN RIVER COUNTY
UTILITIES DEPARTMENT TO THE CUSTOMERS IN
THE AREA FORMERLY SERVED BY PELICAN
POINTE UTILITIES, INC.
BE IT ORDAINED by Indian River County, acting through
its Board of County Commissioners, that:
SECTION 1. SURCHARGE ESTABLISHED
There is hereby established a special surcharge on the
monthly water and wastewater utility bill of the customers
of the area formerly served by Pelican Pointe Utilities,
Inc., which surcharge shall not exceed an additional $7.00
per month per equivalent residential unit (ERU) over and
above the approved County utility rate. The surcharge shall
be used for the sole purpose of paying the purchase price of
the Pelican Pointe Utilities.
SECTION 2. SURCHARGE LIMITS
The surcharge shall be in effect for no more than eight
years beginning January 1, 1990, or until the amount of
$194,124 has been collected, whichever comes first.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 28th
day of November, 1989.
This ordinance was advertised in the Vero Beach Press
Journal on the 3rd day of November, 1989, for a public
hearing to be held on the 28th day of November, 1989, at
which time it was moved for adoption by Commissioner
Scurlock
, seconded by Commissioner
and adopted by the following vote:
Chairman Gary C. Wheeler
Vice Chairman Carolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Don C. Scurlock, Jr.
Commissioner Margaret C. Bowman
30
Bowman
Aye
Absent
Aye
Aye
Aye
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Gary C �+VhieeTer
Cha i rm
•
CONSTRUCTION OF FACILITIES TO CONNECT BAYSIDE UTILITIES SYSTEM
INTO NORTH BEACH WASTEWATER SYSTEM AND TERMINATION OF FRANCHISE
AGREEMENT
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority 'personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of LAAeOderd 79. /y0 9
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 off ice in Vero Beach. in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn, to and subscribed before me th
(SEAL)
*Aunt Akar. mato a Salida
Mr Alga ilex
PU9U0 NOTICE jr err•
OriT9seothe Board a C .Commiooiref Indian
River County,. Florida,. will. meet Iq,the. County
Administration' Building at 1840 2Sth Streett, Vero.
Beach; FL: to:consider taking over: an'.existing
wastewater treatment and collection system pur-
1 eenty owned by BAYSIDE UTILITIES, including
certain property
naboeerior ps* Public �inginformtionabout Proposed
utility take' over win -be available' for public' in-
°�e�DeprtrnentHarry nt of Utn� SeM tThe public
is Invited to attend the public hearing at which
tiniethe County wiltmake a presen
Ing the takeover*„ 44,V, s :' iA.ri .
Anyone •who may whir to. appeal any decision.
• which may be made at this meeting win need to
WWI) that a verbatim record of the proceed:
d�rmade, which Includes testimony and evi-
pon which the appeal is based:. ;r• •trtt-:
November 14, 1989' ,i*.# `ir:,
Utilities Director Pinto reviewed the following:
NOV 28 9
31
•
•
NOV
BOOK F.GF.
DATE:
TO:
NOVEMBER 6, 1989
JAMES E. CHANDLER
COUNTY ADMINISTRAT
TERRANCE G. PINT
DIRECTOR OF UTIL
SERVICES
INDIAN RIVER COUNTY WASTEWATER SERVICE TO
BE SUPPLIED UNDER FRANCHISE AGREEMENT WITH
BAYSIDE UTILITIES WASTEWATER SYSTEM
FRANCHISE AND TERMINATION OF FRANCHISE
AGREEMENT
AND STAFFED BY: HARRY E. ASHER
ASSISTANT DIRECT OF UTILITY SERVICES
BACKGROUND
Bayside Utilities wastewater system currently serves approximately
95 ERU's with wastewater service within the Baytree Development
authorized under Resolution No. 83-108, dated November 2, 1983.
With the Indian River County acquisition of the Sea Oaks Utilities
wastewater facilities and its designation as the subregional
wastewater plant to serve the North Beach area, the Department of
Utility Services wishes to connect Bayside Utilities to the Indian
River County subregional system •as set forth in the franchise
,agreement. Water service is provided by Indian River County through
%its North Beach Water Plant.
ANALYSIS;Y
The connection of Bayside would require approximately 360 feet of
6inch PVC force main, along with the related restoration and
connection fittings, at an estimated cost of $10,342.00.
Current Baytree customers would be billed under the uniform Indian
River County wastewater rates.
RECOMMENDATION
The Department of Utility Services requests approval to construct
the necessary facilities to connect Bayside Utilities system into
the Indian River County North Beach wastewater system and to
terminate the franchise agreement at the time of connection, based
upon the outcome of the public hearing.
Funds for this project would be paid for from Account No.
472-000-169-041.00.
Director Pinto advised that Bayside Utilities is located on
North A -1-A directly next to Sea Oaks Utilities wastewater plant
that the County just recently purchased. Under the terms of this
franchise, upon notification to the owner of the utility that
sewer services are available, the utility has agreed to abandon
its franchise and turn the entire system over to the county for
connection to the County subregional facility. Also, under the
32
franOise, it is the responsibility of the county to make the
actual connection to our utility, and we estimate that cost at
somewhere around $10,000. There is approximately $90,000 in
escrowed impact fees that will be turned over to the County and
$5,030 in R&R funds. We will first use the R&R funds and then
monies from the impact fee fund to make that connection.
Commissioner Scurlock asked if they are conveying all the
R/W and easements needed, and Director Pinto confirmed that is a
provision under the franchise.
The Chairman asked if anyone present wished to be heard.
There were none, and he thereupon closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) approved
construction of the necessary facilities to connect
Bayside Utilities system into the County North Beach
wastewater system; the franchise agreement to be
terminated at time of connection.
REPORT ON RFPs FOR CONSTRUCTION MANAGER
Administrator Chandler informed the Board that yesterday we
received proposals from firms for construction management serv-
ices, and the committee is meeting tomorrow to short list the
firms. We had one firm submit their proposal at 5 minutes after
2:00 P.M., which was the time scheduled for the opening, and he
would like approval to have that firm added to the list of those
to be considered. The Administrator pointed out that the
proposals received were just strictly for backgrounds, qualifi-
cations and experience, that we can analyze. It is not a
competitive basis in terms of dollars at this point, or he would
not have asked for this firm to be added. The Administrator
believed it is in our best interest to get the broadest consid-
eration we can and also the one mentioned above is a local firm,
Nov28
33
BOOK
90
loV `'
BOOK 78 ['ALE 491
Proctor Construction Company. He asked the Board for authoriza-
tion to add this firm to the consideration.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) authorized
the addition of Proctor Construction Company to those
being considered.
Administrator Chandler explained that the function of the
Construction Manager will be to act as the owner's representa-
tive, monitor the progress, maintain schedules, check costs,
etc., on the four projects we will have under way by March - the
next phase of the Jail, the two Libraries, and the Health
Department. He advised that at this time we are running parallel
as to whether we should go with an individual or with a firm.
Yesterday we received proposals from firms and also have had a
cut-off on applications from individuals and will bring the whole
thing back to the Board with a recommendation.
Commissioner Bird was glad to hear that we are looking at
both individuals and firms, and Administrator Chandler agreed
that there are pros and cons to both approaches.
FINAL PAYMENT SANDRIDGE RAIN SHELTERS (Added Item)
Administrator Chandler referred the Board to the following
memo from Bob Komarinetz, Golf Course Director:
TO: JAMES CHANDLER
COUNTY ADMINISTRATOR
THRU: BOB KOMARINETZ, GOLF COUR
H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
FROM: LYNN WILLIAMS, SUPT.
BUILDING AND GR�11NDS-�`�'`^`
DATE: OCTOBER 30, 1989
SUBJECT: FINAL PAYMENT SANDRIDGE RAIN SHELTERS
•;�<°/Vf
CONSENT AGENDA
DESCRIPTION AND CONDITIONS:
The Board of County Commissioners approved the above referenced
contract at the regular meeting of July 18, 1989.
The total amount of the base bid was $34,445.00 plus the fill
required at $6.00 per yard. Change Order #1 (1,650.00) was
approved September 5, 1 9. Change Order #1 related to a change
of the water wells (2 .to public water supply requirements.
The fill required was
$2,346.00.
391 cubic yards
at $6.00 equalling to
Total amount of contract to date including fill and Change Order
#1 is $38,451.00.
ALTERNATIVES AND ANALYSIS:
Partial payment has been made of $33,509.00. Remaining balance
for final payment is $4,942.00. All work within the contract has
been completed as per specifications.
RECOMMENDATION AND FUNDING:
Staff recommends approval of the final payment request submitted
by Hunley Hubbard Construction Company, in the amount of
$4,942.00. Funding is from account #418-000-167-022.00.
The Administrator explained that this item was not on this
week's agenda because staff missed the cut-off date, but he does
not want to penalize the contractor because of this and,
therefore, would ask that the Board approve final payment to
Hunley Hubbard Construction Company in the amount of $4,942.00.
NOV 2S ‘11,982-
ON
18g
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously approved
final payment to Hunley Hubbard Construction Company
in the amount of $4,942 as recommended by staff.
35
E OOK. (' F'AE
92
NOV
odd
ROOK 10 PAGE 93
RESOLUTIONS. NECESSARY FOR ASSESSMENT - SOUTH U.S. #1 FORCE MAIN
(I.R.BLVD. WAL-MART TO V.B.WASTEWATER PLANT)
The Board reviewed memo from Director Pinto:
DATE: NOVEMBER 15, 1989
TO:
FROM:
SUBJECT:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR.
1
TERRANCE G. PINTO
DIRECTOR OF UTIL
ERVICES
SOUTH U.S. #1 FORCE MAIN - PHASE II
INDIAN RIVER BOULEVARD WAL-MART TO
VERO BEACH WASTEWATER TREATMENT PLANT
IRC PROJECT # US -89 -01 -CCS
PREPARED AND STAFFED BY: WILLIAM F. McCAIN
CAPITAL PROJECTS FN INEER
DEPARTMENT OF UTILITY SERVICES
BACKGROUND
-In May of 1989, the Indian River County Board of County
Commissioners approved the firm of Lloyd and Associates, Inc., to do
the assessment roll for the aforementioned job. The assessment has
been completed along with the construction plans and specifications
._for this job. We are now ready to go out to bid.
00,
-ANALYSIS
This project has been set up as an assessment district, and will
assess the property owners along the route of the proposed force
:.:main. To this end, we have prepared the first two of four
resolutions necessary for an assessment project and are now bringing
.them to the Board of County Commissioners for approval (see attached
4iresolutions and assessment roll with summary sheet).
4s.'.J`•5:,,:. Vii,
'RECOMMENDATION
''The
"The staff of the Department of Utility Services recommends that the
1. Board of County Commissioners approve the attached resolutions.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bird, the Board unanimously (4-0) adopted
Resolution 89-147 and Resolution 89-148 necessary for
the above described assessment project as recommended
by staff.
36
NOV ti
. RESOLUTION NO. 89- 147
A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR:
SPECIAL ASSESSMENT FOR SEWER FORCE MAIN INSTALL-
ATION ON THE EAST SIDE OF INDIAN RIVER BOULEVARD
FROM U.S. #1 TO THE CITY OF VERO BEACH
WASTEWATER TREATMENT PLANT; METHOD OF PAYMENT OF
ASSESSMENTS; NUMBER OF ANNUAL INSTALLMENTS; AND
LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED.
WHEREAS, the Board of County Commissioners of Indian
River County has determined that the improvements herein
described are necessary to promote the public welfare of
the county and has determined to defray the cost thereof by
special assessments against the properties specially
benefited thereby, all of which improvements are hereinafter
referred to as to Project No. US -89 -01 -CCS,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that in order to
be able to serve properties located on the east and west
sides of Indian River Boulevard from U.S. #1 to the City of
Vero Beach Wastewater Treatment Plant, a sewage transmission
system shall be installed on the east side of Indian River
Boulevard from U.S. #1 to the City of Vero Beach Wastewater
Treatment Plant, and 80% of the cost thereof, and in
connection therewith, shall be specially assessed in
accordance with the provisions of §11-42 through §11-47 of
the Code of Laws and Ordinances of Indian River County.
2. The total estimated cost of the portion of the
above-described improvements to be assessed is shown to be
$339,995.58 (or $.026344 per square foot) to be paid by the
properfy specially benefited as shown on the assessment plat
on file with the Department of Utility Services.
3. A special assessment in the amount of $.026344 per
square foot shall be assessed against each of the properties
designated on the assessment plat.
4. The special assessments shall be due and payable
and may be paid in full within 90 days after the date of
the resolution of the Board with respect to credits against
the special assessments after completion of the improvements
(the "Credit Date") without interest.
37
BOOK 8 E'' ,9
NOV,r
BOOK 78 .PAJE 495
RESOLUTION NO. 89-147
If not paid in full the special assessments may be paid
in five equal yearly installments of principal plus
interest. If not paid when due, there shall be added a
penalty of 11% of the principal not paid when due. The
unpaid balance of the special assessments shall bear
interest at a rate of 12% from the Credit Date until paid.
5. There is presently on file with the Department of
Utility Services a plat showing the area to be assessed,
plans and specifications, and an estimate of the cost of the
proposed improvements. All of these are open to inspection
by the public at the Department of Utility Services.
6. An assessment roll with respect to the special
assessments shall promptly be prepared in connection with
the special assessments.
7. Upon the adoption of this resolution, the Indian
River County Utilities Services Department shall cause this
resolution to be published at least one time in the Vero
Beach Press Journal before the public hearing required by
§11-46.
The resolution was moved for adoption by Commissioner
Scurlock , and the motion was seconded by Commissioner
Bird and, upon being put to a vote, the vote was as
follows:
Chairman Gary C. Wheeler
Vice -Chairman Carolyn K. Eggert
Commissioner Don C. Scurlock, Jr.
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Aye
Absent
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 28th day of November, 1989.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, F LOR I DA
By)h.t
a r y Wheeler
Chaff man
38
RESOLUTION NO. 89- 148
A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY ALONG
THE EAST AND WEST SIDES OF INDIAN RIVER BOULEVARD
FROM U.S. #1 TO THE CITY OF VERO BEACH WASTEWATER
TREATMENT PLANT AND OTHER PERSONS INTERESTED
THEREIN MAY APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND
ADVISABILITY OF CONSTRUCTING A SEWAGE TRANSMISSION
SYSTEM ALONG THE EAST SIDE OF INDIAN RIVER
BOULEVARD FROM U.S.#1 TO THE CITY OF VERO BEACH
WASTEWATER TREATMENT PLANT; AS TO THE COST
THEREOF; AS TO THE MANNER OF PAYMENT THEREFOR; AND
AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED
AGAINST EACH PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian
River County has, by Resolution No. 89-147, determined that
it is necessary for the public welfare of the citizens of
the county, and particularly as to those living, working,
and owning property within the area described hereinafter,
that a SEWAGE TRANSMISSION SYSTEM be installed In
approximately 34 properties hereinafter described; and
'WHEREAS, it has been determined that the cost to be
specially assessed with respect thereto shall be
$.026344 per square foot; and
WHEREAS, the Board of County Commissioners has caused
an assessment roll to be completed and filed in the Utility
Services Department; and
WHEREAS, §11-46, Indian River County Code, requires
that the Board of County Commissioners shall fix a time and
place at which the owners of the properties to be assessed
or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the
propriety and advisability of constructing such system, as
to the cost thereof, as to the manner of payment therefor,
and as to the amount thereof to be assessed against each
property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
NOV 2C ,989
1. The County Commission shall meet at the County
Commission chambers In the County Administration Building at
the hour of 9:05 A.M. on January 2, 1990, at which time the
owners of the properties to be assessed and any other
persons Interested therein may appear before said Commission
39
BOOK 78 fx,E.49C
dU-
BOOK. 78 F;. E 49 a
and be heard in regard thereto. The area to be improved and
the properties to be specially benefited by the construction
of such system are more particularly described upon the
assessment plat and the assessment roll on file with the
Department of Utilities Services.
2. All persons interested in the construction of said
system and the special assessments against the properties to
be specially benefited may review the assessment plat
showing the area to be assessed, the assessment roll, the
plans and specifications for said system, and an estimate of
the cost thereof at the Department of Utility Services, 1840
25th Street, Vero Beach, FL 32960, any week day from 8:30
A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing
shall be given by the Department of Utility Services by two
publications in the Press Journal Newspaper a week apart.
The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Utilities
Services Department shall give the owner of each property to
be specially assessed at least ten days notice in writing of
the time and -place of the public hearing, which notice shall
be served by mailing a copy of such notice to each of such
property owners at his last known address.
The resolution was moved for adoption by Commissioner'
Scurlock. , and the motion was seconded by Commissioner'
Bird and, upon being put to a vote, the vote was as
follows:
Chairman Cary C. Wheeler •
Vice -Chairman Carolyn K. Eggert
Commissioner Don C. Scurlock, Jr.
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Aye
Absent
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly
passed and adopted tliis 28 day of November, 1989.
Attest
40
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
e
By zc��C, (�l'.lf-�-/
Gary(L. Wheeler
Chalrman
TEMPORARY WATER SERVICE AGREEMENT W/LYNN THOMAS HALL
The Board reviewed memo from Utility Engineer Scott Doscher:
DATE: NOVEMBER 16, 1989
TO:
FROM:
SUBTECT:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PINTO
DIRECTOR OF UTILIWYASERVICES
AGREEMENT
INDIAN RIVER COUNTY AND LYNN THOMAS HALL
TEMPORARY WATER SERVICE
:PREPARED AND STAFFED BY: SCOTT C. DOSCHER "CZ,
PROJECTS ENGINEER
DEPARTMENT OF UTILITY SERVICES
;BACKGROUND
'Mr. Hall has requested that a temporary service be installed from the
;:water line on 8th Street to service his property at 4675 8th Place,
;Nero Beach, F1 32960, prior to the installation of a water main on
1,8th Place.
4`ANALYSIS
The -;':Agreement states .that the Indian River County Department of
.utility Services (IRCDUS) shall provide a temporary water service to
:r.`'Hall until such time that a water line is constructed on 8th Place
by assessment. Mr. Hall agrees to pay all fees required to make this
;connection. He further agrees to participate in the assessment and to
reconnect to this water line as required by IRCDUS.
:RECOMMENDATION
.
The Department of Utility Services recommends that the Board of County
Commissions approve the attached Agreement with Mr. Hall on the
Consent Agenda.
Commissioner Scurlock just wanted to be sure that we are
being consistent and uniform on these type agreements.
Director Pinto confirmed that we are consistent. He
explained that the background of this particular agreement is
that this was a street that was in for petition and the petition
failed in some controversy. Mr. Hall is having serious problems
with his well and has no alternative to get good water; so, we
are allowing him to extend a small line out the back of his
property to connect to an existing line. He has agreed that if a
petition ever does take place and we put the line where it is
supposed to be, he will connect to it, and that is consistent
with our other agreements.
NOV k
41
BOOK 78
OP
oU
BOOK 78 FAGE 49(0
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0) approved
the temporary water service agreement with Lynn Thomas
Hall as recommended by staff.
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
LYNN THOMAS HALL
RE: EXPEDITED TEMPORARY WATER
SERVICE AND PARTICIPATION
IN FUTURE SPECIAL.ASSESS-
MENT PROGRAM
THIS AGREEMENT, made this 28th day of November
1989, by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, k�oWNER1840 25th Street, Vero Beach, FL 32960
(COUNTY) and LYNN THOMAS/ NALL) .
WITNESSETH:
WHEREAS, the OWNER desires to have temporary water service
made available to the property located in Indian River County,
Florida, described in Exhibit "A", from a new connection to an
existing water line (the "temporary expedited connection") before
the COUNTY is ready to construct a new water line (the "special
assessment line") which new line will be paid for by specially
assessing OWNER's property and other property .in the special
assessment project; and
WHEREAS, the COUNTY requires the OWNER at the time of the
installation of this temporary expedited connection to pay certain
fees immediately and to agree to participate in certain costs of the
special assessment line when the COUNTY undertakes the special
assessment project,
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the receipt of which is hereby
acknowledged, COUNTY and OWNER agree as follows:
1. The OWNER will pay, on signing this agreement, the
following amount per equivalent residential unit:
water impact fee
tap -in fee
inspection fee
security deposit
3/4" meter backflow preventer fee
recording fee
+ jack and bore fee
TOTAL AMOUNT
42
$1,246.00
186.50
20.00
40.00
115.00
15.00
$1,622.50
400.00
$2,022.50
2. The 'COUNTY shall connect OWNER's property to a
temporary expedited connection point of COUNTY's choosing. When
service is available from the special assessment line, OWNER may be
required to disconnect from the temporary expedited connection and
reconnect to the special assessment line. Any such reconnection
would be at the expense of OWNER, except that OWNER shall not have
*to pay the impact fee, security deposit, or backflow preventer fee
again.
3. Whether OWNER is required to reconnect to the special
assessment line or remain connected to the temporary expedited
connection, OWNER shall participate in the costs of the special
assessment project for line extension charges and other costs
related to the assessment. By accepting the temporary expedited
connection, OWNER waives any right to contest the receipt of special
benefit from the special assessment project.
4. This agreement may be recorded and, if so, shall be a
covenant running with the land and shall bind the heirs and assigns
of OWNER.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals on the date first set forth above.
Attest
Gary C.( Wheeler
Chairman
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ey K / Barton
Cler to the Boar
(SEAL)
•
Witness
NOV 2 8 1989
OWNER:
Lynn '. .s Hall a/k/a Lynn Hall
EXHIBIT "A"
4675 8th Place
Vero Beach, FL 32960
4 3 BOOK 78 Fiq,E500
BOO
78 AGE 591
There being no further business, on Motion duly made,
seconded and carried, the Board unanimously (4-0) adjourned at
10:05 o'clock A.M.
ATTEST:
Clerk Chairman
44