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Home My WebLink About7/28/1992( BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JULY 28, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Margaret C. Bowman, Vice Chairman Richard N. Bird Don C. Scurlock, Jr. 0 James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Addition as Item 13-A-1, the scheduling of public hears gs during vacation times. Withdrawal of 'Item 11-H-2, Agreement with Engineer for Prof. Services - Roseland Water Tower. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of 6/9/92 B. Special Meeting of 6/16/92 7. CONSENT AGENDA A. Approval of Appointment of Deputy Sheriff by Sheriff Tim Dobeck: Beck! L. Mumford Kenneth G. Brown B. Bid 92-92 / Articulated Boom Mower (memorandum dated July 20, 1992) C. IRC Bid #92-88 / Surplus Sale #3 ( memorandum dated July 21, 1992 ) D. Progress Report E Reimbursement Invoice Second Year Planning Grant (1991-92) Invoice #2 (memorandum dated July 20, 1992) E. Transportation Disadvantaged Commission FY 1992-93 Planning Grant Application (memorandum dated July 20, 1992) BOOK 6' i PA6t j4 66,:j V L 2 S' 19 92 "A JUL '(2, 8 1�9 7. 8. 9:05 a. m. 9. CONSENT AGENDA (cont'd.) : F. GHA, Grand Harbor's Request for Final Plat Approval for Grand Harbor Plat 8 ( Road Plat for Harbor Village Drive & Harbor Village Drive North) (memorandum dated July 13, 1992) G. Add'I. R -O -W Purchase / 1st St. SW / Hurley >; Clarice Rountree Parcel (memorandum dated July 14, 1992) H. Dock License Agreement - Country Club Pointe, Unit 1 - James A. Silvestri 8 Carol Silvestri (memorandum dated July 22, 1992) I. Cancelling Taxes on R/W Acquisitions (memorandum dated July 20, 1992) J. Cancellation of Taxes on Certain Property Acquired by Indian River County (memorandum dated July 16, 1992) CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 11, INDIAN RIVER COUNTY CODE (1976 EDITION) AND PLACING REVISED CHAPTER 11 IN THE NEW CODE AS CHAPTER 208, SPECIAL ASSESS- MENT ( memorandum dated June 23, 1992 ) 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A "COMBAT AUTOMOBILE THEFT" PROGRAM ( memorandum dated June 23, 1992 ) 3. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DECLARING CHAPTER 13 3/4 LATE NIGHT RETAIL STORES NULL AND VOID EFFECTIVE DECEMBER 31, 1992 ( memorandum dated June 23, 1992 ) 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TRANSFERRING CHAPTER 7, FESTIVALS AND CHAPTER 17 1/4, PARKS AND RECREATION, OF THE INDIAN RIVER COUNTY CODE (1976 EDITION) TO CHAPTER 205, PARKS AND RECREATION OF THE INDIAN RIVER CODE (1990 EDITION) WITH CERTAIN MINOR SUBSTANTIVE CHANGES (memorandum dated June 23, 1992) - . . 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT 1. Request to Authorize Staff to Draw Upon. A Letter of Credit for MGC Investments (memorandum dated July 20, 1992) 2. Condemnation, Demolition and Removal of Unsafe Structures ( memorandum dated June 23, 1992 ) B. EMERGENCY SERVICES Approval of Halon Fire Suppression System Maintenance Contract for E911 Central Communi- cations Center (memorandum dated July 19, 1992) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL 1993 Holiday Schedule (memorandum dated July 20, 1992) G. PUBLIC WORKS 1. Resolutions to Provide for the Paving and Drainage Improvements to the Roads in Floral Park S/D, and Ranch Estates S/D and Set Date for Public Hearing (memorandum dated July 16, 1992) 2. Request for Road Closure - Wabasso Rd. & Live Oak Dr., 7:30 A.M. - 9:00 A.M. .� ,, October 24, 1992 - (memorandum dated July 21, 1992) H. UTILITIES 1. Sludge/ Septage Facility - Environmental Protection Agency ( EPA) Construction Grant Increase (memorandum dated July 20, 1992) 2. Agreement Between Indian River County and Engineer for Professional Services - Rose- land Water Tower (memorandum dated July 10, 1992) 3. Sludge/Septage Facility - Camp, Dresser E McKee Inc. - Pay Request for Additional Services (memorandum dated July 20, 1992) b00K �" I PAbL 96 JUL 2 8 1992 BOOK PAuE �;7 12. COUNTY ATTORNEY Verified Complaint of Michael O'Haire - Krovocheck Permit (memorandum dated July 22, 1992) 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN MARGARET C. BOWMAN C. COMMISSIONER RICHARD N. BIRD D. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 6/9/92 2. Maintenance & Office Building - Engineering Services (memorandum dated July 16, 1992) 1S. ADJOURNMENT 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. Tuesday, July 28, 1992 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, July 28, 1992, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; and Don C. Scurlock, Jr. Also present were Randy Dowling, Assistant to County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert advised that staff has withdrawn Item 11-H-2, Agreement with Engineer for Professional Services - Roseland Water Tower - to take a second look at the numbers. Chairman Eggert requested the addition to today's Agenda of a discussion regarding the scheduling of public meetings during vacation times. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously withdrew and added the above items. APPROVAL OF MINUTES The Chairman asked if there were any corrections to the Minutes of the Regular Meeting of June 9, 1992 or the Minutes of the Special Meeting of June 16, 1992. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 6/9/92 and the Minutes of the Special Meeting of 6/16/92, as written. r� BOOK PARC JUL 281992 JUL 2 CONSENT AGENDA A. Approval of Appointments of Deputy Sheriff L;00K r� PA6E �9 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the following appointments of Deputy Sheriff by Sheriff Tim Dobeck: Becki L. Mumford Kenneth G. Brown B. IRC Bid 92-92 -- Articulated Boom Mower The Board reviewed the following memo dated 7/20/92: DATE: July 20, 1992 TO: BOARD OF COUNTY COMISSIONERS THRU: James E. Chandler, County Admiilkstrator H.T. "Sonny" Dean, Director Department of General Servidds FROM: Fran Boynton Powell, Purchasing Manage SUBJ: 92-92/Articulated Boom Mower Road and Bridge Division $ACKGROUND INFORMATIpNs Bid Opening Date: May 6, 1992 Specifications mailed to: Sixteen (16) Vendors Replies: Three (3) Vendors VENDOR $ID TABULATION Robinson'Equipment $11,500.00 • Mims, FL Future Horizons, Inc $15,000.00 Lake Worth, FL Berggren Equipment $15,925.00 Fort Pierce, FL TOTAL AMOUNT OF BID: $11,500.00 BUDGETED AMOUNT: $16,000.00 SOURCE OF -FUNDS:- Roads and Bridges Other Machinery & Equipment RECOMMENDATION: - Staff recommends that the bid be awarded to Robinson Equipment as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded Bid 92-92 in the amount of $11,500 to Robinson Equipment, as recommended by staff. 2 C. IRC Bid 92-88 -- Surplus Sale #3 The Board reviewed the following memo dated 7/21/92: DATE: July 21, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servic FROM: Fran Boynton, Purchasing Manager SUBJ: IRC Bid #92-88/Surplus Sale #3 The following equipment has been declared surplus to the needs of Indian River County. ASSET # DESCRIPTION DEPARTMENT 110 IBM Typewriter Community Development 2717 IBM Typewriter Community Development 3408 Electronic ES100 Typewriter Community Development 3408 Olympia Typewriter Traffic Engineering 9558 BDT Feeder Engineering Department 3885 GE Alert Receiver Emergency Services 9604 AT & T 6300 Computer Advanced Life Support Business Systems 10870, Zenith TV Advanced Life Support 3515 IBM Electronic Typewriter Fire Department 8017 Amfire Drill & Accessories Fire Department 8214 GE Mobile Radio Fire Department 8493 Terra FAA Handheld Radio Fire Department 8777 Magnavox 19" Television Fire Department 8873 FAA Portable Radio Fire Department 8874 FAA Portable Radio Fire Department 9772 TPX 720 Mobile Radio Fire Department 10213 Electric Port Generator Fire Department 10439 Mod. 5510 Commercial Vacuum Fire Department 10545 Mod TPX 720 Handheld Radio Fire Department No Asset # Bell & Howell Projector Fire Department No Asset # GE Electric Base Station Fire Department Radio No Asset # Royal Adding Machine- Fire Department No Asset # 2 Telephones Fire Department No Asset # GE Speaker (surface mount) Fire Department No Asset # 8 Southern VP (dash lights) Fire Department No Asset # 3 Plectron Alert Monitors Fire Department No Asset # Federal Electronic Monitor Fire Department No Asset # Smith & Wesson 800 Siren Fire Department No Asset # 02 Reg. Mod 2620 Fire Department No Asset # Combustible Gas Detector Fire Department No Asset # 2 Twin Sonic Light Bars Fire Depax-tmert No Asset # Olivetti Adding Machine Fire Department No Asset # Olympia Adding Machine Fire Department No Asset # Adler Manual Typewriter Fire Department No Asset # Coffee Table Fire Department No Asset # Quartz Flood Light w/Stand Fire Department No Asset # Code 3 Siren Fire Department No Asset # 5 Motorola W.T. Stands Fire Department No Asset # Sonar Scanner Fire Department 3 JUL 281992 600K 8 i Fr1U 100 BOOK 8" PALE 1 0 1 No Asset # Art Table 2 x 3 w/Stand Fire Department No Asset # 200 LBS Fire Boss Fire Department No Asset # Wooden Table Fire Department No Asset # Sears Portable Heater Fire Department No Asset # Sharp Microwave Fire Department 8825 UPS AP 1000 Data Processing 4577 Line Locator Water & Sewer 4910 Jack Hammer Water & Sewer 4408 1982 Chevy S10 Water & Sewer No Asset # Canon Copier North County Library ANALYSIS: Staff recommends that authority be granted by the Board of County Commissioners to declare this list surplus and authorize its sale. FUNDING• The monies received from this sale will be returned to the appropriate accounts. RECOMMENDATION• This will be placed on the Surplus Property Sale open to the public as per State Statutes. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously declared the above listed equipment surplus and authorized its sale. D. Progress Report & Reimbursement Invoice - Second Year Planning Grant - 1991-92 - Invoice #2 The Board reviewed the following memo dated 7/20/92: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE Robert M. Rdatirg, WP Community De eloPm&& Director FROM: Sasan Rohani '::;-> - 9 - Chief, Long -Range Planning DATE: July 20, 1992 RE: PROGRESS REPORT & REIMBURSEMENT INVOICE SECOND YEAR PLANNING GRANT (1991-92) INVOICE #2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of July 28, 1992. 4 DESCRIPTION AND CONDITIONS It is required, as part of the Transportation Disadvantaged (TD) Planning Grant contract between the Indian River County Board of County Commissioners (BCC) as the Designated Official Planning Agency (DOPA) and the State of Florida Transportation Disadvantaged Commission (TDC), that periodic progress reports and reimbursement invoices be submitted. To comply with the TDC's requirements, staff has prepared a progress report and invoice for the period from April 1, 1992 to June 30, 1992. For the second year planning grant (1991-92), the invoice and progress report represents the second submittal. This progress report and applicable finished products, such as the Local Coordinating Board (LCB) meeting minutes, by-laws, etc., are required to accompany all reimbursement invoices. Attached for your review is a copy of draft invoice #2 and the progress report. This report, along with the appropriate supporting documents, will be submitted to the TDC upon the Board of County Commissioners/DOPA approval. On July 16, 1992, the Transportation Disadvantaged Local Coordinating Board (TDLCB) reviewed and approved the attached progress report and invoice. At that time, the TDLCB recommended that the Board of County Commissioners, in its capacity as the Transportation Disadvantaged Program Designated Official Planning Agency (DOPA), approve the attached progress report and invoice and forward these to the TDC. ALTERNATIVES AND ANALYSIS Attached is a copy of the progress report and invoice for the April 1, 1992, to June 30, 1992 period. Finished products such as the TDLCB meeting minutes, by-laws, and reports are required to accompany all reimbursement invoices. These materials- will be submitted to the state along with the reimbursement invoice and the progress report. The BCC/DOPA's alternatives are either to approve the transmittal of the Progress Report and reimbursement invoice as submitted, to approve transmittal of the Progress. Report and invoice with revisions, or to deny the transmittal of the Progress Report and reimbursement invoice to the state. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners/DOPA- approve the Progress Report and reimbursement invoice, and direct staff to transmit the report and the invoice to the State of Florida Transportation Disadvantaged Commission. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Progress Report and reimbursement invoice, and directed staff to transmit the report and invoice to the Florida Transportation Disadvantaged Commission, as set out in the above staff recommendation. 5 BOOK . PALE i JUL 28991 BOOK 8"i E. Transportation Disadvantaged Commission 1992-93 Planning Grant Application The Board reviewed the following memo dated 7/20/92: TO: JAmes..Chandler County Administrator DIVISION HEAD CONCURRENCE: tie Robert M."Keat ng, A10P Community Developmefif Director ' FROM: Sasan Rohani �•� Chief, Long -Range Planning DATE: July 20, 1992 RE: TRANSPORTATION DISADVANTAGED COMMISSION FY 1992/93 PLANNING 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 July 28, 1992. DESCRIPTIONS & CONDITIONS In June of 1990, the Board of County Commissioners was approved by the state to become the local Designated Official'Planning Agency (DOPA) for the provision of transportation disadvantaged planning activities in the area. On August 14, 1990, the Board of County Commissioners officially appointed eleven members to the Transportation Disadvantaged Local Coordinating Board. For fiscal year 1992/1993, the state has allocated $14,574.00 to Indian River County for transportation disadvantaged planning related services. The grant funds are for the specific purpose of accomplishing the duties and responsibilities of the Designated Official Planning Agency (DOPA) as identified in the Transportation Disadvantaged law,.Chapter 427, F.S. and Rule 41-2.FAC. The DOPA is required to apply for the Planning Grant (copy attached). On July 16,- 1992, the Transportation Disadvantaged Local Coordinating Board discussed and recommended approval of the FY 1992/93 Planning Grant application. ALTERNATIVES & ANALYSIS The purpose of the grant application is to obtain reimbursement of money to fund the planning related costs involved with fulfilling the county's duties and responsibilities associated with the state mandated transportation disadvantaged program. The grant monies are needed to provide monetary support to the county for the continued provision of planning related services• in conjunction with the local transportation disadvantaged program. Failure to apply for the grant will result in a lack of funding from the state for planning related services which are mandated by the transportation disadvantaged program. The Board has two major alternatives. One is to apply for the grant funds. The other alternative is to not apply for the grant funds, an action which would make the county ineligible for reimbursement of monies expended for planning related services. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners. approve the transmittal of the FY 92-93 Planning Grant application to the state. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-108, authorizing the filing of a Trans- portation Fund Grant Application to the FTDC, as set out in the above staff recommendation. EXHIBIT C AUTHORIZING RESOLUTION RESOLUTION NO. 92 - 108 A RESOLUTION of the Indian River County Board of County Catmissioners (DOPA) authorizing the filing of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Transportation Disadvantaged Commission. WHEREAS, this BOARD has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Rule 41-2 FAC and Section 427.0159, F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: 1. The BOARD has the authority to file this grant application. 2. The BOARD authorizes Rcb'rt M. Keating AICA to file and exe e�plicatton on behalf of the Indian River County o �y Camu:ssioners (Dpp Lth the Florida Transportation Disadvantaged Commission for the total amount of $ 14, 574.00 of Transportation Disadvantaged Trust Funds. 3. The BOARD authorizes Robert M. Keating, AICD to sign any and all agreements or contracts which are required in to with the application. 4. The BOARD authorizes Robert M. Reatincr, AICD —to sign an and all assurances, reimbursement invoices, warrant% sy certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS 12-f— DAY OF 19 9 Z ATTEST: Ram Rm. 3/nM JUL2 19 66: - BOARD OF I.R.C. Board of County Catmissioners CaaaissiOner Carolyn R. Eggert Typed name of Chairperson Signature o hairper 7 BOOK 1 PALE 194 i U, L ! BOOK 8 E 10 TRANSPORTATION DISADVANTAGED COMMISSION 92/93 PLANNING GRANT APPLICATION INDIAN RIVER COUNTY DETAILED BUDGET SUPPORT DOCUMENTATION EXHIBIT W °PERSONNEL Positions: Time M : (Gross) Salaries: Community Development 3% _ $61,016.00 Director Planner III (Supervisor) 10% 38,294.00 Planner I (Staff) 25% 22,390.00 Secretary 15% 15,699.00 °FRINGE BENEFITS Includes 33% for employee fringe benefits, which includes standard health and security benefits. This figure is included in personnel salaries. °TRAVEL Cost of travel to the HRS District IX Transportation Disadvantaged Task Force meeting (gas and meal) °SUPPLIES Item: *Approx. Cost: Filing Cabinet (4 -Drawer) $196.00 Expanding File Pockets (Large) 5 boxes @ $1.94 each $ 9.70 Manila File Folders 5 Pkg. @ $2.49 each $ 12.45 Other supplies as needed Note: *Costs are calculated with 20% county discount. °CONTRACTUAL Not applicable °OTHER Approximately 5,000 transportation disadvantaged program related copies per year at a cost of .100 per page. °INDIRECT CHARGES Not applicable u\v\c\grant.tdc 8 � . EXHIBIT A TRANSPORTATION DISADVANTAGED COMMISSION 92/93 GRANT APPLICATION INFORMATION FORM CONCERNING PLANNING RELATED ACTIVITIES FOR THE NON -SPONSORED 1. DATE SUBMITTED: July 16, 1992 2. LEGAL NAME OF ORGANIZATION: I.R.C. Caammity Development Dept. 3. ADDRESS: 1840 25th Street 4. CITY AND STATE: Very Beach, FL 5. ZIP CODE: 32960 FEDERAL ID # 59-6000674 6. CONTACT PERSON FOR THIS GRANT:- Sasan Rrh ani 7. PHONE NUMBER: (407) 567-8000, Ext. 250 a. COUNTY FOR WHICH THIS GRANT APPLIES: Imc]i an River County 9. PROPOSED PROJECT START DATE: Jan. 1, 1993 ENDING DATE: Dec. 31, 1993 10a. ESTIMATED PROJECT FUNDING: b. PLANNING FUND ALLOCATION State $ 14, 574.00 TRANSFERRED TO TRIP GRANT State $ TOTAL $ 14, 574.00 11. I hereby certify that this document has been duly authorized by the governing body of the applicant and the applicant will perform tasks identified in the application manual and comply with any attached assurances if the financial assistance is awarded. a. R TYPED NAME OF AUTHORIZED REPRESENTATIVE AND .TITLE b. PHONE NUMBER OF PERSON ABOVE: (407) 567-8000, ext. 254 co SIGNATURE -OF AUTHPRIZK/REPRESENTATIVE DATE 12. I hereby certify that this grant, including the budget detail, has been reviewed and approved in its entirety by the I.R. County Coordinating Board. X Calm. sion Margaret C. Bowman COORDINATING BOARD CHAIRPERSON SIGNATURE Pam Ray. 3/Z M 8a L_ JUL 281992 BOOK A PROJECT FUNDING BOOK 87 EXHIBIT B Page 1 * * * * NOTE: SUPPORTING DETAIL OF THE GENERAL CATEGORIES LISTED BELOW IS REQUIRED TO BE ATTACHED FOR COORDINATING BOARD AND TD COMISSION REVIEW AND APPROVAL. #### I. PROJECT BUDGET FOR I.R.COUNTY ACCOUNTING CATEGORY TOTAL $ Personnel * 1 Fringe Benefits 3,300.0o Travel 250.00 Supplies 524.00 Contractual Other TOTAL DIRECT CHARGES Indirect Charges ** TOTAL 14,574.00 * Full time Equivalents I ** If indirect charges are to be applied, you must attach a cost allocation plan to this budget. Fam Ray. 3/23/92 9 EXHIBIT B Page 2 COUNTY II. Funding Pa_ rticipation A. Transportation Disadvantaged Commission State Funds $ 14,574.00 B • Total Project Cost $ 14, 574.00 III. Estimated cash-flow of FY 92/93 state funds ( S x 1000) Jul Aug ,gam Oct Nov Dec Jan Feb Mar API May Jun TOTAL FY 92/93 - 3.64 3.64 7.28 FY 93/94 3.64 3.654 7.294 Pam Rm. 3123/92 10 BOOK u� BOOK o , l F°AUt 10 9 EXHIBIT D STANDARD ASSURANCES The Recipient hereby assures and certifies that: (1) They will comply with the Federal, State and Local statutes, regulations, Executive Orders and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age and handicap with respect to employment, service provision and procurement. (2) Private for-profit transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) They have the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) They intend to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing Federal, State, or Local Government funds. n � (Date-) X /' (Signator ) Robert M. Keating, AICD CMMU ity Develop,,t (Name and Title) r Pam Rm. 3/23!92 0 10a M M F. GRA, Grand Harbor's Request for Final Plat Approval - Plat 8 The Board reviewed the following memo dated 7/13/92: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert Reatlopment. ng, P Community Deve Director THROUGH: Stan BoliniICP Planning Director FROM: John W. McCoy, AICD/ Senior Planner, Curflt Development DATE: July 13, 1992 SUBJECT: GHA, Grand Harbor's Request for Final Plat Approval for Grand Harbor Plat 8 (Road Plat for Harbor Village Drive and Harbor Village Drive North) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 28, 1992. DESCRIPTION AND CONDITIONS: McQueen and Associates, Inc. has submitted a final plat application on behalf of GHA, Grand Harbor to receive final plat approval for two road segments (separated by a presently unplatted, temporary, paved roadway) to be known as Harbor Village Drive and North Harbor Village Drive North. Harbor Village Drive is a continuation of .the main Grand Harbor loop road, and extends through PODS D and E. Harbor Village Drive North is a short roadway segment used to access the Marina area. In the future, Harbor Village Drive North will be extended to access development proposed north of the marina. All portions -of the Grand Harbor project are required to be eventually platted, pursuant to subdivision, P.D., and P.R.D. regulations. The proposed road plat will finalize the roadway and utility alignments and assign maintenance responsibilities for the private roadway,-sagments known as Harbor Village Drive and Harbor Village Drive North. On March 9, 1989, the Planning and Zoning Commission granted preliminary PRD plat approval for PODs D and E which included the segment of Harbor Village Drive covered by this final plat request. Subsequently, on March 12, 1992, the Planning and Zoning Commission granted preliminary PRD plat approval for Harbor Village Drive North as covered by this plat. The applicant is now regruesting final plat approval for both roadway segments as contained on a single plat, Grand Harbor Plat 8. 11 BOOK J U L ,r - BOOK 8 ! ANALYSIS: Both roadway segments covered by the plat have been constructed, inspected and approved by the County's Public Works Department. In the future, the temporary paved roadway connecting these two segments will be platted when site development plans in the area are finalized. The final plat is in accordance with the approved preliminary PRD plats, and all applicable final plat requirements have been met. RECOMMENDATION: The staff recommends that the Board of County Commissioners grant final plat approval to GRA, Grand Harbor for Grand Harbor Plat 8 (Road Plat for Harbor Village Drive and Harbor Village Drive North). ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously granted final Plat approval to GHA, Grand Harbor for Grand Harbor Plat 8 (Road Plat for Harbor Village Drive and Harbor Village Drive North), as recommended by staff. G. Additional Riaht-of-Way Purchase/1st Street SW Hurley -& Clarice Rountree Parcel The Board reviewed the following memo dated 7/14/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E County Engineer FROM: Donald G. Finney, SRA County Right of Way Agent SUBJECT: Additional Right -of -Way Purchase / 1st Street SW / Hurley & Clarice Rountree Parcel DATE: July 14, 1992 CONSENT AGENDA DESCRIPTION AND CONDITIONS Indian River County needs. an additional 30 feet of right-of-way for the petition paving projact on 1st Street SW. The Board of County 12 � � r Commissioners previously approved the purchase of the right-of-way along this corridor on January 21, 1992. The property owners have signed a sale/purchase contract for the .14 acre parcel at the land's appraised value of $2,439.36. RECOMMENDATION AND FUNDING Staff requests the Board accept the contract and direct the Chairman to execute the contract on the Board's behalf. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Contract for Sale and Purchase with Hurley & Clarice Rountree, as set out in the above staff recommendation. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Dock License Agreement - Country Club Pointe Unit 1 The Board reviewed the following memo dated 7/22/92: TO: The Board of County Commissioners FROM: u.7G-' William G. Collins II - Deputy County Attorney DATE: July 22, 1992 SUBJECT: Dock License Agreement - Country Club Pointe, Unit 1 James A. Silvestri and Carol Ann Silvestri In accordance with the County's policy on permitting construction of docks on County right-of-way in Country Club Pointe, Unit 1, a License Agreement between James A. Silvestri and Carol Ann Silvestri and Indian River County is presented for approval. RECOMMENDATION That the Board approve the License Agreement and that the necessary insurance be in place prior to the issuance of a building permit. 13 BOOK 8 1 PAGE I12 ,�1 �G. BOOK ! . F'A�E �10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the License Agreement with James and Carol Silvestri and stipulated that the necessary insurance be in place prior to the issuance of a building permit. LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO„THE BOARD I. Cancelling Taxes on Right -of -Way Acquisitions The Board reviewed the following memo dated 7/20/92: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: July 20, 1992 RE: CANCELLING TAXES ON R/W ACQUISITIONS In connection with various road improvements within the county, we have acquired several pieces of land for right-of-way purposes. Pursuant to section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resoluton of the Board with a certified copy being forwarded to the Tax Collector. REQUESTED ACTION: Request Board authorize Chairman to sign the attached 21 resolutions cancelling certain taxes upon lands the County recently acquired for right of way. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolutions 92-109 through 92-129, cancelling certain delinquent taxes upon publicly -owned lands, pursuant to Section 196.28, Florida Statutes. 14 7/20/92(laSal�gE30/�71c e. er Avenue (26th Street) R/W - Caldwell and Prezzano RESOLUTION NO. 92- 109 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the' county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 933, Page 1644, which was recently acquired by Indian River County for right of way purposes on 26th Street (Walker Avenue), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner SCurl ock , and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. -Eggert Aye - Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ttest: •-- • By Carol K. Egger Jeffrey K . B ton, Clerk 'rman 0-10 15 Re: Carter Road (SW 1st St.) 7/20/92(legel)REsO/Vlc R%W - Montanez r C)�BOOK �' / F'��E.�.�.� RESOLUTION NO. 92-110 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON. PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 9320 Page 2285, which was recently acquired by Indian River County for right of way purposes on Carter Road (SW First Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner _Scurlock , and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows : Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA By Carol K. Ea, Jeff r _ K.�B%a`rtton, Clerk •rte L • w^^- 16 7/20/92(lagal)RESO/Vlc. arter Road (SW 1st St.) _ R /W - Hamilton RESOLUTION NO. 92- 111 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 198.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution -of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 940, Page 389, which was recently acquired by Indian River County for right of way purposes on Carter Road (SW First Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurl nc_k , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K.. Eggert Aye _ Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA ' By Carorhhairman K. Egge ff Jeffrey K. Barton Clerk 17 BOOK J U L 2 199 r- O A � d .7q1 Re: Carter Road (SW lst St.) R / W - Sciaccotta 7/20/02(1egal)3FtE3O/VIC RESOLUTION NO. 92- 112 BOOK A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, -reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records 'to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 9409 Page 97, which was recently acquired by Indian River County for right of way purposes on Carter Road (SW First Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion - was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA By Carol K. Egge Jef re K -Brion Clerk 'rman ff �l 18 _7/20/02(lag"al) RESO/Vlc _ Aw.erry Lane (33rd Street) R/W - VanBusch (2 parcels) RESOLUTION NO. 92- 113 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County. Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired 'by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, -raf restation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, . empowered, and directed to make proper entries upon the records -to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 940, Pages 93 and 95, which was recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion. was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By Carolyn .Eggert Jei€r� �K.- Bar on, G erk C 'rman 19 t300K 8 PAI,E 1 JUL 2 8 1992 7/20/92(lagsl)RESO/V1c r Re: Cherry Lane (33rd Street) BOOK' 1 F,„�E Jf q R / W - Fletcher RESOLUTION NO. 92- t j a A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F. S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 9409 Page 3989 which was recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows:_ Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA By e. Carol K . Egg . --Barton, lerk hairman �' 20 Re: Cherry Lane (33rd Street) 7/20/92(1936Ca1)3EtE80/VK R / W - Williams RESOLUTION NO. 92- 115 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized) empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F. S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD. OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2297, which was recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of Jul 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA BCarol y Je drman �. Eggert y/:Barton Clerk K- �21 BOOK SY J U L ?m 1992 L_ 7/ 20/92 Re: Cherry Lane (33rd Street) R/W - Poklar BOOK F E.� RESOLUTION NO. 92- 116 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, --reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F. S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all Hens for taxes, delinquent or current, against the property described in O.R. Book 934, Page 413, which was recently acquired by Indian River County for right of way purposes on Cherry Lane (33rd Street), are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion. was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN. RIVER COUNTY, FLORIDA By Carolyn . Eggert y --K-: Barton er i Cbffiirman 22 Re: CR #510 & AIA R/W - McPherson LSI 7/20/92(lagsl)RE30/'Vic RESOLUTION NO. 92-_L A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County M Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the' county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F. S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.A. Book 932, Page 2281, which was recently acquired by Indian River County for right of way purposes on County Road 512 at A -1-A, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the y to was as follows:_ Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA BZ�j� Carol K. Egger Jeffre K. Barton, Clerk ehairman 23 moK JUL 281992 G qo Re: 44th Avenue R/W - Swezey 7/20/92(legal)3tE80/Vt®K RESOLUTION NO. 92- 118 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196:289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the- county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to, carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2267, which was recently acquired by Indian River County for right of way purposes on 44th Avenue, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurl nck , and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. Attest: -".L ...,.L, jo BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyn' K . Egger 'rman 24 � � r qw. 12th Street - R/W ® 7/20/92C1aga13RESO/Vlc Blackburn & Mobley RESOLUTION NO. 92-1i A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.280 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County- Commissioners ountyCommissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, -reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the' county and of the state are authorized, empowered, and directed to make proper entries upon the records 'to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2277, which was recently acquired by Indian River County for right of way purposes on 12th Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock, and the motion -was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: German Carolyn K. --Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. BOARD OF COUNTY' COMMISSIONERS , Attest INDIAN RIVER COUNTY, FLORIDA By Jeffre K . rtb ,Clerk Carol K. Egge !�� I� 'rman 25 BOOK J U L 28 199�' "� ��t 161 Re: 10th Court SW - R / W Wyatt 7/20/132(lag4ELl)RESO/Vlc RESOLUTION NO. 92- U Ln _ 80®K A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.280 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state�.or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the' county and of the state are authorized, empowered, and directed to make proper entries • upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2295, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner Bowman and, upon being Put to a vote, the vote was as follows : -til- - _- Chairman Carolyn K. -Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird y Commissioner Don C.. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this PR day of —may_, 1992. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA By ,[. 4Gt4 — Jeffrey K . Barton, Jerk Carol K . Eg ' _ hair _ 26 7/ 20,92( legali3RESO,Vlc i 4"Oth Court SW - R/W Solomon RESOLUTION NO. 92- 121 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the, county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such .cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2293, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: C-hMrman Carolyn K. _-Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of _ July 1992. `BOARD OF COUNTY COMMISSIONERS ttest INDIAN RIVER COUNTY, FLORIDA By CarolEgger ey JeffrB,,arrto�n, ..�1erk _ _ airy 27 moK 4 JUL 2 8 1992 Re: 10th Court SW - R/W 7/20/92(1ogml)p2iESO/Vlc Wilson BOOK RESOLUTION NO. 92- 122 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON - PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of _ the state, _�Ok the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 2287, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner _Scijrl nrk , and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA By Je K.Carol y Egger �n .1 airman v •lam 28 Re: 10th Court SW - R/W Weems 7/20/92(1agal)RESO/V1c RESOLUTION NO. 92- 123 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 198.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F. S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 932, Page 22890 which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner _Sririnrk , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote- was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA By Jeffrey K. Bart n, Cler Carol e . Eggeman 29 r- Re: 10th Court SW - R/W 7/20/92(lagal)REsO/VIC 6L10K -7 Gilyard CJS PAU_;n ,_�1�, `� I�� RESOLUTION NO. 92- 124 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 -FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the' county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F . S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all Hens for taxes, delinquent or current, against the property described in O.R. Book 937, Page 2819, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion- was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. BOARD OF COUNTY COMMISSIONERS Attest:' INDIAN RIVER COUNTY, FLORIDA A-- By JCarolyn Eggert -- r Q Orman 30 ® 7/20/92(lagal)RE80/Vk _ MRe:Oth Court SW - R/W Gilyard RESOLUTION NO. 92- 125 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 937, Page 2821, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurl ork , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chirman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July, , 1992. BOARD OF COUNTY COMMISSIONERS Attest INDIAN RIVER COUNTY, FLORIDA fl By Carol "Ee e C er �� #�� 31 ct)OK PAUL .eQ JUL 2 81992 r- -7 Re: 10th Court SW - R/W 7/20/92(lag4ELi3RESo/Vic Scott BOOK RESOLUTION NO. 92-126 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, --reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the- county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 9339 Page 334, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock—� and the motion -was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. Attest: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ;y � _�- ZA & Carol . Egger man 32 =Oth Court SW - R/W ® 7/20/92(1age1)REsO/V2c Kromhout RESOLUTION NO. 92- 127 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the - county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA) that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 934, Page 1270, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurinrk , and the motion was seconded by Commissioner Bp_and, upon being put to a vote, the vote was as follows: Chwirman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of _ July' 1992. Attest: JUL 2 8 1992 'BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyn Eggert C 'rman 33 r- -7 Re•• 10th Court SW - R/W 7/20/92(1aa4%1)REsO/V1c McGee �? BOOK 1,*33 RESOLUTION NO. 92- 198_ A RESOLUTION OF 'INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.281 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, _forestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 9359 Page 2731, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July 1992. Attest: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyn ff. Eggert CbgKrman 34 4MOth Court SW - R/W S /20/92(lagal)REso/Vlc Penny RESOLUTION NO. 92- 129 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PUR- SUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the - county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S. ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 937, Page 745, which was recently acquired by Indian River County for right of way purposes on 10th Court SW, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner _ScIlrl o _k , and the motion was seconded by Commissioner Bowman , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. _Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By ` Jeffrey arfoin, Clerk CarolZrman . Egge 35 6000 J U L 28 1992 L_ BOOK ' e' F'A,E . cp J. Cancellation of Taxes on Certain Property Acquired by Indian River County The Board reviewed the following memo dated 7/16/92: TO: The Board of County Commissioners FROM: L --Z— William G. Collins II - Deputy County Attorney DATE: July 16, 1992 SUBJECT: Cancellation of Taxes on Certain Property Acquired by Indian River County Attached for your consideration is a resolution prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following property acquired by Indian River County for public purpose: A parcel of land lying in Section 13-, Township"M South, Range 39 East, Indian River County, Florida (fully described in that Warranty Deed recorded in O.R. Book 937, Page 2731, Public Records of Indian River County, Florida) . Acquired from David A. Marine for right-of-way. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-130, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. RESOLUTION NO. 92- UD A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.281 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and 36 WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials , of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28 , F . S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from David A. Marine, are hereby cancelled pursuant to the authority of section 196.28 , F.S. The North fifteen (15) feet of the following described parcel: Commencing at the Northeast corner of the Northwest quarter of the Southeast quarter of Section 13, Township 33 South, Range 39 East: Run West on the North line of said Northwest quarter of the Southeast quarter a distance of 270 feet to the Point of Beginning; thence run South a distance of 104.5 feet; thence run West 70 feet; thence run North a distance of 104.5 feet to the said North line of the Northwest quarter of the Southeast quarter of Section 13, Township 33 South,. Range 39 East; thence run East along said North line to the POINT OF BEGINNING; said land situate and lying in Indian River County, Florida, and containing 0.024 acres, more or less. The resolution was moved for adoption by Commissioner ; and the motion vva� seconded by Commissioner ge1,a„ and, upon being put to- a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this _$. day of �, , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By �C , Carolyn if. EggertP"irman �errrey -�: �sarian, uierx 3 7 MO JUL 281997 600K PACE Ir,� PUBLIC HEARING - ORDINANCE PLACING REVISED CHAPTER 11 IN THE NEW CODE AS CHAPTER 208, SPECIAL ASSESSMENT The hour of 9:05 O'clock A.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian -River County; Florida; that the attached copy of advertisement, being a— in the mat ler of in the Court, was pub- lished In said newspaper In the issues of ZZ -Az/ GO` Allianl 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 mailer at the post office in Vero Beach, in said Indian RiverCon. Iy, Florida, fora periodof one year next Preceding the lirsl publication of the allached 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 A.D. 19 « (eusiaQeq / (SEAL) /, r7�rf jllvGs y Ate:. SI Ve of Flm* 4l1C1",,k*%q EWrfA Jnw Yf, R'PF NOTICE --- The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:b5 a.m. on Tuesday, Judy 28,1992, to discuss the following proposed or- dinam� entllted: AN CRD(NANCE OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING CHAPTER 11, INDIAN RIVER COUNTY CODE (1978 EDI- TION) AND PLACING REVISED CHAPTER 11 IN THE NEW CODE AS CHAPTER 208, SPECIAL: ASSESSMENT, - Anyone who may wish to appealeerrryry decision which may be made at the Public Heeifrug on July 28, 1992, will need to ensure that a verbatim record of the proceedings is made.,whIch Includes testimony and evidence upon which the appeal is based. June 29,1992 913231 The Board reviewed the following memo dated 6/23/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 23, 1992 RE: PUBLIC HEARING - JULY 28, 1982 - CHAPTER 11, SPECIAL ASSESSMENT OF INDIAN RIVER COUNTY CODE (1976 EDITION) TO CHAPTER 208 OF THE NEW CODE The Board approved a public hearing date of July 28, 1992 for the subject ordinance. REQUEST: Staff recommends approval of the attached proposed ordinance. 38 County Attorney Vitunac advised that this is just our continuing process of updating the new Code. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard. There being none, she closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 92-28, amending Chapter 11, Indian River County Code (1976 Edition) and placing revised Chapter it in the new Code as Chapter 208, Special Assessment. 8/4/82(dooa)LEGAL(TPO/aim) ORDINANCE 92-2g AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 119 INDIAN RIVER COUNTY CODE (1976 EDITION) AND PLACING REVISED CHAPTER 11 IN THE NEW CODE AS CHAPTER 2089 SPECIAL ASSESSMENT. WHEREAS, the County is in the transition of going from the old code (1976 edition) to the new Code (1990 edition) ; and WHEREAS, the revision and placement of Chapter 11 in the new code is a step in that process, NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida that: SECTION" -1: REPEAL AND AMENDMENT. - Chapter 11, Improvements and Services, Indian River County Code (1976 edition) is hereby repealed in its entirety and a new Chapter 208, Special Assessments is hereby adopted as set forth in Attachment "A" hereto. 39 JUL 28 1997 r . �J BOOK �; / FAUE , ej9 SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 28 day of July , 1992. This ordinance was advertisbd in the Vero Beach Press - Journal on the 29 day of June 1992, for a public hearing to be held on the 28 day of July , 1992, at which time it was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bird , and, adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Resigned BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Carolyn. EggertX Chair Attest by %Jefy K :`carton erk Acknowledgment by the Department of State of the State of Florida, this 3rd day of Auaust , 1992. Effective date: Acknowledgment for the Department of State received on this 6th day of Auciust , 1992, at 11:00a.m./p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 40 - AT'MENT "A" _ CHAPTER 208. SPECIAL ASSESSMENTS Sec. 208.01. Method of prorating. Special assessments against property deemed to be specially benefitted by County improvements shall be assessed upon the property specially benefitted by the improvements in proportion to the benefits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefitted by said improvement, or by such other method as the board may prescribe. Sec. 208.02. Resolution required to declare special assessments. When the board determines to defray the whole or any part of the cost of any improvements by special assessments, the board shall declare by resolution the nature and location of the proposed improvements, the part of portion of the cost thereof to be paid by special assessments, the manner in which the assessments are to be made, when the special assessments are to be paid, and what part, if any, shall be paid from the general improvement fund of the county. The resolution shall designate the lands upon which the special assessments are to be levied. In describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefitted thereby and further designated by the assessment plat with respect to the special assessments." The resolution shall also state the total actual or estimated cost of the improvements. Such cost may include the cost of construction or reconstruction, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, discount on the sale of bonds, cost of plans and specifications, surveys, estimate of costs and of revenues, cost of engineering and legal services, all other expenses necessary to determine the feasibility or practicability of such construction or reconstruction, administration, expenses, and such other expenses as may be necessary or incident to the financing herein authorized. Section 208.03. Assessment plat. At the time of the adoption of the resolution aforesaid, there shall be on file with the clerk of the county, an assessment plat showing the area to be assessed. The assessment plat shall be open to inspection by the public. Section 208.04. Publication of resolution. Upon the adoption of the resolution aforesaid, the county shall cause the resolution to be published one time in a newspaper of general circulation published in the county. Sec. 208.05 Assessment roll. _ Upon the adoption of the resolution aforesaid, the board shall have an assessment roll made in accordance with the method provided in the resolution. The assessment roll shall show the lots and parcels of land assessed and the assessment against each lot or parcel of land, and if said assessment is to be paid in installments, amounts and due dates thereof. The assessment roll shall be promptly completed and filed with the board. Sec. 208.06. Publication of assessment roll - time and place of hearing. Upon the completion of the assessment roll, the board shall fix by resolution a time and place at which the owners of the property to be assessed, or any other interested persons, may appear before the board and be heard as to the propriety and advisability of making the improvements, if not already made, the cost thereof, the manner of payment therefore and the amount to be assessed against each property. At least ten (10) days' notice in writing of such time and place shall be given to such property owners which shall be served by 41 �� 2 8 1992 KIM ri BOOK Ju mailing a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser, proof of such mailing to be made by affidavit of the clerk of the county, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two (2) publications a week apart in a newspaper of general circulation in the county. The last publication shall be at least one week prior to the date of the hearing. The notice shall describe the streets or other areas to which the improvements relate and advise all interested persons that the description of each property to be assessed and the amount to be assessed to each property may be ascertained at the office of the clerk of the county. See. 208.07. Equalizing board. At the time and place named in the notice provided for in Section 208.06 the board shall meet As the equalizing, -board to hear and consider any and all complaints as to the special assessments and it shall adjust and equalize the special assessments on the basis of justice and right. When so equalized and approved by resolution of the board, the special assessments shall stand confirmed and shall remain legal, valid and binding first liens upon the property against which the special assessments were made, until paid in full. Promptly after confirmation, the special assessment shall be recorded by the clerk of the county in the Official Records Book of the county and such recordation shall include indexing by the individual property owner's name. The recordation of the lien shall be prima facie evidence of its validity. Sec. 208.08. Final "as -built" assessment. Upon completion of the improvements, the county shall credit to each of the special assessments the difference in the special assessment as originally made, approved and confirmed and the proportionate part of the actual cost of the improvements to be paid by special assessments as finally determined upon the completion of the improvements, but in no event shall the final special assessments exceed the amount originally assessed. Sec. 208.09. Special assessment in lieu of impact fees. In lieu of the impact fees now or hereafter imposed under County Ordinance 84-18, as amended and supplemented, or other applicable provisions of law, the board, at its sole discretion, is hereby authorized to assess, by resolution, special assessments in lieu of impact fees. Special assessments in lieu of impact fees shall be assessed against the properties with respect to which impact fees would otherwise be imposed. A special assessment in lieu of an impact fee shall be assessed only against a specific property with the consent of the owner of said property. Such consent shall be given in the manner prescribed by resolution of the board. In the event consent is given with respect to a specific property, then the impact fee which would otherwise be imposed with respect to said property shall not be imposed, anything to the contrary contained in any ordinance or other provision of law notwithstanding. 42 PUBLIC HEARING - "COMBAT AUTOMOBILE THEFT" PROGRAM - The County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO LEACH PRESS -JOURNAL Published Daily Vero Beech, Indian River County, Florida COUNTY,OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personalty appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a, 449 in the matter of v In the Court, was pub- lished In said newspaper In the Issues of �/' I zQn 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 hes 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, rebels, commission or refund forLepurp ose ofsecuring this adverllsemenl for publication in the said newspaper.Sworn to and subscribed before me this d day of A.D. 1g -s (Bysiness Manager) •{r (SEAL) �• ;� ... . • �/lli�%�`iG tl.e..•r r utas., Aline of fkridn MY mrmkil— h&m Jur. ". IBJ The soard ofNOTICE PlvBanortissionens of Mo. RIver �' =!tyy Wovkias notw of etiteduled fa 9:05 a.m. on Tine July 28, IV. to discs the fn9 Proposed c AN ORDINANCE OF INDIAN RIVER COON - Ty, FLORIDA, PROVIDING FOR A "COM- -�- BAT AUTOpMOBILE THEFT" PROGRAM, Ampris who may wish to 1PP18I decl*n rnn4 wi0 need C � �o July 2 Waw the Proceedings B Made, v�Jl � testkrror JuneM - which Ute aPPeal B based. 913Zi The Board reviewed the following memo dated 6/23/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 23, 1992 RE: PUBLIC HEARING - JULY 28, 1992 - "COMBAT AUTOMOBILE THEFT" PROGRAM The Board approved a public hearing date of July 28, 1992 for the subject ordinance. REQUEST: Staff recommends approval of the attached proposed ordinance. 43 JUL 2)8 092 BOOK 8if F4,"E County Attorney Vitunac advised that this ordinance was requested by the Sheriff's Department and the Sheriff is here this morning to answer any questions the Board may have with regard to the program. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 92-29, providing for a "Combat Automobile Theft" Program. 6/S/92(noco)LEGAL(TPO/ab) ORDINANCE 92- 29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A "COMBAT AUTOMOBILE THEFT" PROGRAM. WHEREAS, Section 316.008(6), Florida Statutes, provides for the establishment of a "Combat Automobile Theft" program by a county or municipality, and WHEREAS, it is in the public interest to have such a program in Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. CHAPTER AMENDMENT. Chapter 306, Miscellaneous offenses is hereby amended to read as follows: Chapter 306. Miscellaneous offenses and programs. SECTION 2. SECTION AMENDMENT. A new Section 306.09 is hereby added to read as follows: Section 306.09. Combat automobile theft program. 1. Pursuant to Section 316.008 (6) , Florida Statutes, there is hereby established a "Combat Automobile Theft" program in Indian River County, which shall be known as "Operation Nighthawk". Such a program shall include: 44 M M M a. A consent form to be signed by the motor vehicle owners who wish to enroll their vehicles; and b. Bright yellow decals indicating a vehicles' enrollment in Operation Nighthawk. 2. The Consent form shall: a. Explain the general operation of the program; b. Provide authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is conspicuously affixed to the vehicle to provide notice of its enrollment in Operation Nighthawk. C. Explain the procedure which will be followed by a law enforcement officer making a stop pursuant to the program and advise the motor vehicle owner of the proper means by which the driver of the vehicle should cooperate with the law enforcement officer in such instance; d. Provide that the owner of the motor vehicle is responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the vehicle and for notifying the Indian River County Sheriff's Department in writing of said termination; e. Clearly provide that participation in Operation Nighthawk is strictly voluntary and may be terminated at any time; and f. Include a separate statement to be signed by the owner of the motor vehicle which indicates that the consent form has been read and understood in its entirety including the procedures to be followed in a stop. 3. Operation Nighthawk may be implemented upon approval of program materials and procedures, including guidelines and procedures for making a stop of a vehicle bearing a decal, by the Sheriff and County Attorney. Such program materials and procedures may be subject to periodic review and approval by the Sheriff and County Attorney. SECTION 3. EFFECTIVE DATE This ordinance shall become effective on _becomi ny law . Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21_ day of July , 1992. 45 JUL 281992 r BOOK f,�E This ordinance was advertised in the Vero Beach Press -Journal on the 29 day of June , 1992, for a public hearing to be held on the 28 day of July , 1992, at which time it was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bird , and, adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird _tea Commissioner Gary C. Wheeler Resigned BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By _J-4-4� Carolyn . Eggert Chairma Attest by Je an Clerk (,� Acknowledgment by the Department of State of the State of Florida, this 3rd day of August , 1992. Effective date: Acknowledgment for the Department of State received on this 6th day ofAugust , 1992, at 11:00 a.m./p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 46 PUBLIC HEARING - ORDINANCE DECLARING CHAPTER 13 3/4, LATE NIGHT RETAIL STORES, NULL AND VOID The County Attorney announced that this Public Hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Doily 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 oalh 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 o/ 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 clFss mail mailer al the post office In Vero Beach. Ir -said Indian River Coun• ly, 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. pp s Sworn to and subscribed before mQt TyI f �� f'A.D. (Business Manager) (SEAL) The Bond of NOTICE Y Commissioners of Indian River Hewing Florida, hereby provides notice of a Publiing scheduled for 8.05 a.m. on Tuesday, July 28, 1992, to distalis the following proposed w- dinance entitled: AN ORDINANCE OF INDIAN RIVER COUN. TY, , DECLARING CHAPTE314 LATE FLORIDANIGHT RETAIL STORES NUL L AND VOID EFFECTIVE DECEMBER 31, 1992. mAnyyo a madWho e Wish the P bpcappaeaerryg�ion which 1992, will creed to ensure that a verbatim ron ecord of � evidence proceedings Is made, which Includes testimony June 1992 which the appeal Is based. 913233 The Board reviewed the following memo dated 6/23/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 23, 1992 RE: PUB1211C HEARING - JULY 289 1992 - CHAPTER 13 3/4 - LATE NIGHT RETAIL STORES The Board approved a public hearing date of July 28, 1992 for the subject ordinance. REQUEST: Staff recommends approval of the attached proposed ordinance. 47 JUL 28 1992 BOOK f,°',�E .L4C4: BOOK 8Y F,,.14 7 Attorney Vitunac explained that the Florida Legislature passed Chapter 92-103 during this year's session which establishes standards for late night retail stores and preempts the County's local regulations as of December 31, 1992. Our ordinance will be in effect until then. Commissioner Scurlock asked if the State's ordinance is less restrictive than ours. Assistant County Attorney .Terry O'Brien advised that essentially it will be the same with a slight difference between the hours when the County ordinance would be in effect and the hours when the State law would be in effect. Chairman Eggert opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 92-30, declaring Chapter 13 3/4, Late Night Retail Stores, null and void effective December 31, 1992. ORDINANCE 92 -gyp AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DECLARING CHAPTER 13 3/4 LATE NIGHT RETAIL STORES NULL AND VOID EFFECTIVE DECEMBER 31, 1992. WHEREAS, the Florida Legislature at its 1992 session passed Chapter 92-103 which establishes standards for late night retail stores; and WHEREAS, this act preempts the County's local regulations as of December 31, 1992, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. AMENDMENT. Chapter 13 3/4 Late Night Retail Stores is repealed and the chapter declared null and void. 48 ORDINANCE 92-30 .Qrr-TTnM 7 - VVVVr%TTVF nArrVi. This ordinance repealing Chapter 13 3/4 shall become effective December 31, 1992. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 28 day of July , 1992. This ordinance was advertised in the Vero Beach Press - Journal on the Z9 day of June , 1992, for a public hearing to be held on the 2$_ day of 11 1992, at which time it was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bird the following vote: , and, adopted by Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Resigned BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA est : �J Je -K':-Bartsn Cler Byz----14zz-C Carol K. Egge Chairi6an Acknowledgment by the Department of State of the State of Florida, this 3 rd day of August , 1992. Effective date: Acknowledgment for the Department of State received on this 6th day of August , 1992, at 11:OOa.m./p.m. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 49 J U L 2 8 1992 PUBLIC HEARING-- ORDINANCE TRANSFERRING CHAPTERS 7 AND 17 314 IRC CODE TO NEW CHAPTER 205 PARRS AND RECREATION The hour of 9:oo o'clock A.M. having passed, the County Attorney announced that this Public Hearing has been properly advertised, as follows: 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, beim; a In the Court, was pub. ) ., !-z fished In said newspaper In the Issues of t Afflant 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 clads 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 refundfor I e purpose of securing this advertisement for publication in the said newspaper. rrrr h Sworn to and subscribed befor �Ih- h day of V_'76 A,D• 19 (Business Manager) (SEAL) The River NOTICE Board ,pry Of County overs of Indian Public !tearing scht"IdJ* 28. 1992. 'D disousel �� ta.m, klesw Tuesnotice day, following! proposed ar- AN ORDpVANCE OF INDIAN RIVER COUN- TY. FLORIDA, TRANSFERRING CHAPTER 7. FESTIVALS AND CHAPTER 17 1/4. _ PAI3.!CS AND RECREATION. OF T. n L CERTAIN DMIXr EDDITIOON) WITH CHANGES. SUBSTANTIVE MY011119 Who Wish to appeal decision Which may "Hide eaat the PI, 11 28. 1992. w@I meed to onstaa that a verbawn record of the pings Is made, which trldudea tostimany Junevidence upon which ft appeal b based913232 The Board reviewed the following memo dated 6/23/92: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: June 23, 1992 RE: PUBLIC HEARING - JULY 28, 1992 - TRANSFER OF CHAPTERS 7 AND 17 1/4 INDIAN RIVER, COUNTY CODE (1976 EDITION) TO NEW CHAPTER, 205,9 PARS AND RECREATION The Board approved a public hearing date of July 28, 1992 for the subject ordinance, RXQUEST: Staff recommends approval of the attached proposed ordinance. 50 Attorney Vitunac explained that this is the continuing process of transferring chapters from the old code book to the -new Code. Assistant County Attorney Terrence O'Brien advised that Recreation Director Pat Callahan suggested that we add model airplanes, skateboards, and golfing activities to Miscellaneous activities. Those activities would not be allowed in a park or recreational facility except in an area that has been designated and marked for said operation. The Board indicated their agreement to the suggested change. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 92-31, transferring Chapter 7, Festivals, and Chapter 17 1/4, Parks and Recreation, of the IRC Code (1976 Edition) to Chapter 205, Parks and Recreation of the IRC Code, (1990 Edition) with certain minor substantive changes. ORDINANCE 92-,a, AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TRANSFERRING CHAPTER 7, FESTIVALS AND CHAPTER 17 1/49 PARKS AND RECREATION, OF THE INDIAN RIVER COUNTY CODE (1976 EDITION) TO CHAPTER 2051 PARKS AND RECREATION OF THE INDIAN RIVER CODE (1990 EDITION) WITH CERTAIN MINOR SUBSTANTIVE CHANGES. WHEREAS, Indian River County is in the process of transition from the 1976 edition of the Code to the 1990 edition, and WHEREAS, this is one step in that transition, and WHEREAS, it appears in the public interest to add model airplanes, golfing and skateboarding to the activities currently regulated in County -parks and -recreation areas, NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. AMENDMENT Chapter 7, Festivals and Chapter 17 1/4, Parks and Recreation, of the 1976 edition of the code is hereby repealed and a new Chapter 205, Parks and Recreation, is hereby adopted as set forth in Exhibit "A" to this ordinance. 51 J U L 26 19912 BOOK 151 SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 28 day of July , 1992. 4 This ordinance was advertised in the Vero Beach Press - Journal on the 29 day of June 1992, for a public hearing to be held on the 28 day of July 1992, and at the hearing it was moved for adoption by Commissioner Bi rd and the motion was. seconded by Commissioner_ Scurlock 1,—and, adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Resigned BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RIVER COUNTY, FLORIDA By Jeffrey Ba ton. Carolyn Eggert Clerk' Chairma Acknowledgment by the Department of State of the State of Florida, this 3rd day of _ Alla„Gt , 1992. Effective date: Acknowledgment for the Department of State received on this 6th day of , 1992, at i 1 - nn a.m./p.m, and filed in the Office of the Clerk of the Board of Counfy Commissioners of Indian River County, Florida. ;n3:,an a.tia Ca AOGroved Dale Adrn:n ` C /6I Legal Budget - iE 0180t Risk Mgr. I a -I'- ruuaw 6 -/o -To- 52 9z 52 � � i EXHIBIT "A" CHAPTER 205 PARKS AND RECREATION Sec. 205.01. Policy. It is the general purpose and intent of this chapter to establish uniform procedures for the administration of park and recreational facilities in Indian River County; to establish a system of regulations and rules governing the activities within the parks and recreational facilities; to declare certain activities as violations of rules and regulations; to provide for criminal penalties for violation of the regulations; to allow expulsion from a park or recreational facility for violation of a rule and to provide a procedure for establishing permits for activities within designated areas and to set methods for the administration of parks and recreational facilities. Sec. 205.01. Definitions. For the purpose of this chapter the following words or phrases shall have in the meanings set forth below. When not inconsistent with the context, words in the plural include the singular, works used in the present tense include the future, works in the singular number include the plural number. The word "shall" is always mandatory. Beach is hereby defined to be the territory between the low water mark of the Atlantic Ocean on the east and fifty (50) yards west of the high water mark on the west of the Atlantic Ocean or the area within one hundred (100) feet of inland lakes. Closing hours means that time which begins a period when a park or recreational facility is closed to the general public. Department means either the park or recreation department of Indian River County depending on the context. Designated area means that geographical area which has been designated by the department for a specific activity or activities within a park or recreation area. Gun means any instrument capable of firing a projectile or bullet at a high velocity, but not limited to, any air gun, sling or slingshot. Motor vehicle means a vehicle which is self propelled. Musical or entertainment festival or festival means any gathering of groups or individuals for the purpose of listening to or participation in entertainment wMch consists primarily of musical renditions conducted in open spaces not within an enclosed structure. Park means a reservation, playground, beach, recreation center or other area owned, leased or used by the department devoted to active or passive recreation. Permit means a written. document issued by the department granting permission for a specific activity. Person means any individual, firm, partnership, association, corporation, company or business organization of any kind, excluding individuals acting under the direction of the supervisor. 53 Recreation facility recreational purposes department. BOOK means a facility designated by the board for on property owned, leased or used by the Supervisor means either the park or recreation supervisor depending on the context. Vehicle means any wheeled conveyance, whether motor powered, animal drawn or self propelled. The term shall include any trailer in tow of any size, kind or description. Sec. 205.03. Rules and regulations. (1) Aircraft and parachuting. No person shall take off or land any aircraft, glider or parachute over or into any park or recreational facility without permit from the appropriate department. (2) Buildings and other property. No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, —beaches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances thereof, signs, notices, or placecards whether temporary or permanent, monuments, stakes, posts, or other structures or improvements or equipment or any part thereof, located on any recreational facility or in a park. (3) Equestrian activity. No person in any park or recreational area shall ride horseback except on roadways and bridle paths within areas designated for such purposes. No person shall ride horseback in any park or recreational area after dark or before daylight. It shall be unlawful for any person to ride a horse in a reckless manner. (4) Fire. No person shall ignite, set or maintain any fire for cooking or any other purpose in any park or recreational facility unless such fire is within a designated receptacle and area for such purpose. (5) Firearms or fireworks. No person in any park or recreational area shall carry, fire or discharge any gun, pistol or firearm or any rocket, torpedo or other fireworks of any description without a permit for the department. (6) Hunting. No person in any park or recreational area shall hunt, catch, harm, kill trap, chase, tease, shoot or throw missiles at any animal, reptile or bird. No person or any park or recreation area shall remove, disturb, or have in his possession the eggs, nest or young of any wild animal, reptile or bird. (7) Interference with personnel. No person shall interfere with, hinder, or oppose any officer, agent or employee of the department in the discharge of the duties or with the enforcement of the park regulations and rules. (8) Prior ejectment. No person who has been ejected from a park or recreational facility for a violation of a rule or regulation may enter upon or use any park or recreational facility for a period of six (6) months. No person may remain upon any park or recreational facility premises after a department employee or law enforcement officer informs the person to leave for violation of a rule. 54 M 9 J�� 1997 (9) Meeting. No person shall organize any public= meeting, assemblies, entertainments, tournaments, religious gatherings, demonstrations, parades, processions or meetings, in any park or recreation facility that is reasonably anticipated to include more than fifty (50) persons without first obtaining a permit from the department. (10) Noise. No person shall operate or play any radio, television, phonograph, musical instrument or similar device in any park or recreational facility in such manner as to be plainly audible to the human ear at a distance of one hundred (100) feet from the sound source without first obtaining a permit from the department. (11) Pollution. No person shall throw or place, or cause to be thrown or placed, any dirt, filth, or foreign matter into the waters of any lake, pond, pool, river,inlet, tank or reservoir in any park or recreational facility. (12) Removal of natural resources. No person in any park or recreational facility shall remove any beach sand, whether submerged or not, any soil, rock, stones, plants, wood, or any other material whatsoever from any park or recreational facility, or make any excavation by tools, equipment, blasting or other means in existing material in park or recreational facilities. (13) Rubbish. No person shall throw, place, cast, deposit, dump or cause to be thrown any ashes, refuse, vegetables, garbage, cinders, shells, straw, shavings, paper, scraps, dirt or like matter, filth, or rubbish of any kind in any park or recreational facility except to place the same in receptacles or cans specifically provided for such matter. (14) Sales and solicitation. No person shall sell, keep, or offer for sale any tangible object, merchandise or thing or solicit for any trade, occupation, business or profession within any park or recreational area without a permit from the department. No person shall solicit alms or contribution for any purpose, whether public or private in any park or recreational facility without a permit. (15) Signs. No person shall post or affix to any tree, shrub, plant, fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, corral, gate or any other physical object any sign, poster or other printed or written matter in any park or recreational facility. (16) Sleeping, camping and lodging. No person shall sleep, camp, lodge; -6r' --park a vehicle overnight in any park or recreational area except in such areas as designated for such purposes without first having obtained a permit from the department. (17) Traffic. a. The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are incorporated by reference and made a part of this chapter and shall apply to the operation of all motor vehicles on streets and roads in county parks, unless modified otherwise under the provisions of this chapter. Traffic officers and employees of the department are hereby authorized to direct traffic whenever necessary. b. No person shall operate, drive or park any vehicle upon any road, driveway, path, parking area or other area unless it has been designated by the department for such purpose. No person shall cause any vehicle for hire to stand upon any part of a park or recreational area for the purpose of soliciting passengers. 55 BOOK �• s, BOOK F 'n�,�k JUL�121 C. No person shall drive a vehicle at a rate of speed exceeding five (5) miles per hour in any county park unless the department has designated, by posted sign, a greater speed limit. d. No person shall park any vehicle in any are other than the areas which are designated for parking. e. No trucks and or trailers allowed except on designated roads or in designated areas so posted. (18) Trees and vegetation. No person in any park or recreational area shall remove, damage, disturb, cut carve, or transplant, any tree, shrubbery, lawn, plant, or flower. No person shall attach any rope, wire, or other contrivance to any tree or plant in any park or recreational facility. (19) Trespass. No person shall enter or remain on park or recreational facilities without permit during hours when the facility is closed, provided, that the closing hours are posted at the entrance of the park or recreational facility. (20) Utility. No person, firm or corporation shall locate any utility upon any park or recreational facility without receiving a permit from the department. (21) Water activity. No person shall swim, ski, dive, surf, scuba, fish or use boats in any area in any park or recreational area unless such area is specifically designated for such purpose. No person shall surf unless his surfboard is equipped with a leash and attached to the surfer; provided, however, surfing is not permitted in a guarded area. All persons shall obey posted waterfront rules. (22) Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (23) Glass bottles and containers. No glass bottles or containers are allowed on any beach located in any park or recreational facility. (24) Motor -driven devices in lake. No motor -powered or driven devices are allowed in any park or pond unless specifically posted for such use by the department. (25) Dune line crossing. No person shall cross, walk through or be situated upon any park of the ocean dune line, except at designated crossover points and boardwalks. (26) Alcoholic beverages. No person shall bring alcoholic beverage into any park or recreational facility or drink alcoholic beverages at any time in a park or recreational facility. No person shall enter or remain in any park or recreational facility while under the influence of intoxicating liquor. (27) Miscellaneous activities. a) Model air planes shall not be operated in a park or recreational facility except in an area that has been designated and marked for said operation. b) No person shall engage in golfing activities in a park or recreational facility except in an area that has been designated and marked for said operation. c) No person shall engage in skateboarding activities in a park or recreational facility except in an area that has been designated and marked for said activity. 56 M M Sec. 205.04. Permits. (1) The department may issue a permit when it : has been established that: (a) The proposed activity will occur within an area which is proper for the activity to occur. (b) The proposed activity or use will not unreasonably interfere or detract from the general public enjoyment of the park or recreational area. (c) There are adequate facilities and personnel in the proposed areas so that the proposed activity will not impair the health, safety, and welfare of the persons who will engage in the proposed activities and the proposed activity will not impair the health, safety or welfare of other individuals who may desire to use the facility. (d) The desired facility has not been reserved for other use at the time requested. (e) The applicant has paid the proper fee as established by the department for the activity. (2) All permits shall be signed by the supervisor or his duly authorized representative. (3) The department shall not issue a permit for any activity that may constitute a hazard to participants or other park users. The department, as a condition to the issuance of a permit, may require public liability insurance in an amount the department deems appropriate or require other conditions. (4) In the event any applicant is refused a permit, the department shall indicate the reason for refusing such permit. (5) The _applicant may appeal the refusal of any permit to the county administrator. (6) The department or its duly authorized representative shall have the authority to revoke a permit previously issued upon finding a violation of any rule or regulation. Sec. 205.05. Park administration. (1) Park rangers and life guards. The supervisor of the appropriate department shall appoint park rangers and life guards who shall be responsible for the enforcement of park rules and regulations and shall have toe authority to eject and expel any person for violation of any regulat on with the assistance of an law enforcement officer. (2) Designated areas. The supervisor shall have the power to designate areas and facilities in park and recreational facilities for specific activities, and to prohibit other activities within the designated area according to the terms of this chapter. The supervisor shall be the official custodian of a list of all areas which have been designated for specific activities. Such list shall contain a description of the property which is designated for specific activity and the nature of the activities which are permitted. The supervisor is authorized to post designated areas when in his discretion such posting is appropriate. 57 1 I Will Sec. 205.06. Litter officer. The county administrator shall appoint, pursuant to Florida Statutes Section 403.413, county litter enforcement officers, as necessary, who shall be employees of the county parks and recreation department. These employees shall qualify as law enforcement officers for the purpose of enforcing Florida Statutes Section 403.413 and this chapter. Sec 205.07. Sale and consumption of alcoholic beverages at Sandridge Golf Course. Notwithstanding the provisions of section 205.03 (b) (28) , the sale and consumption of alcoholic beverages shall be permitted at the Indian River County Sandridge Golf Club. The sale of such alcoholic beverages shall be permitted only by the vendor authorized by Indian River County to sell alcoholic beverages at the Sandridge Golf Club. No person other than the authorized vendor shall bring alcoholic beverages into the Sandridge Golf -Club area. Sec. 205.08. Festivals. (1) No person shall stage, promote or conduct any musical or entertainment festival in the unincorporated area of Indian River County unless he shall first secure from the board a special entertainment permit for said festival. (2) The permit required by this section shall not be issued unless the following conditions are met and the following plans submitted to the board. (a) A plan for adequate sanitation facilities and sewage disposal, approved by the county health officer; (b) A plan for parking facilities which are not within the area of the festival and a plan for the transportation of the patrons from said parking facilities to the festival area, approved by the county administrator; (c) A plan for adequate medical facilities, approved by the county health officer; (d) A plan for the provision of adequate security and traffic control in and around the festival area, approved by the sheriff of Indian River County; (e) Full disclosure must be made by the promoters to the board of the financial backing of the festival and the names of all persons or groups who will perform at said festival; (f) Any other reasonable condition set by the board in its discretion. (3) Under no circumstances shall any person, firm, corporation or partnership operate any festival which will continue for more than one eight (8) hour period without a twenty -for (24) hour rest period before any continuation of the festival. 58 REQUEST TO AUTHORIZE STAFF TO DRAW UPON A LETTER OF CREDIT FOR MGC INVESTMENTS The Board reviewed the following memo dated 7/20/92: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: 62 419 1 Obert M. Ke t' i10, A Community DeveloopmenGbirector THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison Senior Planner, Current Development DATE: July 20, 1992 SUBJECT: REQUEST TO AUTHORIZE STAFF TO DRAW UPON A LETTER OF CREDIT FOR MGC INVESTMENTS SD -89-03-002 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 28, 1992. DESCRIPTION AND CONDITIONS: On June 12, 1990, the Board of County Commissioners granted final plat approval for the CGN Subdivision. The applicants, Mr. and Mrs. George Nichols, et. al. executed a Developer's Agreement for construction of.a left -turn lane on 37th Street to serve the CGN Subdivision, and posted security to guarantee the Developer's Agreement. On August 6, 1991 the Board of County Commissioners approved a modification to the original Developer's Agreement to extend the completion deadline for the left -turn lane. The applicant submitted a new security instrument to guarantee the Modified Developers Agreement in the form of a Barnett Bank Letter of Credit for $58,250.00. The required turn -lane has not yet been completed. At the end of the business day of August 3, 1992, the Letter of Credit will expire. Although the developers have indicated that new security will be provided, no new security has been received as of the date of this report. Therefore, to protect the county, staff is requesting that the Board of County Commissioners authorize staff to pull the Letter of Credit. ANALYSIS: The developers' engineer has been working with the county's engineering staff to complete design and construction plans for the turn -lane improvement. County staff and the applicants' engineer agreed to delay finalization of the design and construction plans until, county forces completed a survey of the 37th Street right-of- wav extending between U.S. #1 and the Indian River Boulevard Extension. The 37th Street right-of-way survey has now been completed,and finalization of the turn -lane design and construction drawings may now be completed. However, completion of the turn - lane improvements, prior to expiration of the Letter of Credit on August 3, 1992, is not possible. The applicants have verbally agreed to extend the posted security, and staff has no objection to an extension. However, no new security has been submitted to staff 59 BOOS.;' JUL 2 8 1992 1 f :9 B®0!; kid f„,,E."�•� as of the date of this report. To ensure that there will be no lapse in posted security and to ensure that the County will not incur the cost to complete the required 37th Street turn -lane improvements, staff is requesting that the Board of County Commissioners authorize staff to draw upon the existing Letter of Credit if the renewed security is not received by 5:00 p.m. July 30, 1992. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution demanding payment under the provisions of the Letter of Credit, authorize the Chairman to endorse the Letter of Credit, and authorize staff to draw upon the Letter of Credit if staff does not receive an acceptable replacement security by 5:00 p.m. July 30, 1992. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out in the above memo and adopted Resolution 92-131, authorizing draft upon Barnett Bank Irrevocable Letter of Credit No. 037 -LC - 377966. RESOLUTION NO. 92--j-41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING DRAFT UPON BARNETT BANK IRREVOCABLE LETTER OF CREDIT NO. 037 -LC -377966 WHEREAS, George and Lucia Nichols, et. al. entered into a Developer's Agreement with Indian River County relating to the CGN Subdivision; and WHEREAS, in order to secure its obligations under that agreement, George and Lucia Nichols, et. al., d/b/a MGC Investments, a Florida General Partnership, established with Barnett Bank Irrevocable Letter of Credit No. 037 -LC -377966 in favor of Indian River County in the amount of $58,250.00 with an effective date of July 26, 1991 and having an expiration date of August 3, 1992; and WHEREAS, George and Lucia Nichols et. al. defaulted under the terms of the aforementioned Developer's Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The above statements are ratified in their entirety, 60 RESOLUTION NO. 92-131 2. "The undersigned, an authorized official of :the Indian River County Board of County Commissioners, does hereby certify that the developers of CGN Subdivision have defaulted under the terms of the developer's agreement approved June 5, 1990, as amended. The amount of this draft represents the amount required by Indian River County to fulfill the performance of said developer's agreement." 3. Payment is hereby demanded of Barnett Bank in the amount of $35,000.00, which represents the amount required by Indian River County to fulfill the performance of said Developer's Agreement for required improvements. 4. The Chairman of the Board of County Commissioners is authorized to endorse the date and amount of the drawing on the reverse side of the letter of credit. 5. The Indian River County Office of Management and Budget is authorized to transmit the original letter of credit along with this resolution and a sight draft marked "Drawn under Barnett Bank of South Florida, N.A., Miami, FL, Credit Number 037 -LC -377966 dated July 26, 1991." 6. Sight draft and resolution are to be presented for payment at the Barnett Bank of South Florida, N.A., International Operations, 8th Floor, 701 Brickell Avenue, Miami, Florida 33131 U.S.A. on or before August 3, 1992, along with the endorsed original letter of credit. The foregoing resolution was offered b Scurlock and seconded by Bowman , and being put to a vote follows: Chairman Carolyn R. Eggert Im Vice Chairman Margaret C. Bowman -UL Commissioner Richard N. Bird AM Commissioner Don C. Scurlock, Jr. AM y Commissioner Commissioner the vote was as The Chairman thereupon declared the resolution duly passed and adopted this 28 day of Jul y , 1992. ATTEST: Jeff y K*. 13 on, Clerk—, INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By •Z. L,0,1,74- .Carol R. E gg Chairman 61 L2 8 199 1192 CONDEMNATION DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES The Board reviewed the following memo dated 6/23/92: TO: James E. Chandler County Administrator DATE: June 23, 1992 SUBJECT: Condemnation, Demolition and Removal of Unsafe Structures THROUGH: Robert M. Keating, Director kAr— Community Development Department FROM: Ester L. Rymer, DirectoQO Building Division It is requested that the data herein presented -lie given formal consideration by the Board of County Commissioners at their regular meeting of July 28th, 1992. DESCRIPTION AND CONDITIONS: The structures described in the attached detail have been condemned and ordered repaired or removed. Said structures have been inspected by staff, and are considered unsafe and detrimental to the health, safety, and welfare of the general public. The owners of the property were issued notices to repair or remove the structures, and were advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals; condemnation cards were posted. Since the owners have been notified that the referenced structures are unsafe to occupy, the electrical power has been removed from the units to prevent illegal occupancy. The owners of all properties described herein have failed to bring the structures into compliance with the Minimum Standard Housing Code. No owner has appealed his condemnation order. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare said structures a nuisance, and order the buildings demolished with all related hazards and debris removed from the property by the County Road and Bridge Department. Staff further recommends that the Board adopt the attached Resolution authorizing the Building Official to report the county's demolition and debris removal cost for each structure to the County Attorney for the preparation and recording of a lien to be placed on the real property of the owner of each demolished unsafe structure for the purpose of recovering the county's costs. 62 M M ` Commissioner Scurlock asked if any appeals have been filed, and Building Director Ester Rymer advised that no appeals have been filed, but there are people here this morning who wish to speak. She suggested that we handle these cases one at a time. I. 4270 24th Court - William and Arline Bethel I. 4270 24th COURT: Parcel Number: 26-32-39-00002-0001-00004.0 Owner: William and Arline Bethel A. Inspection by Building Department B. Code Enforcement Division Action C. Certified notice to owner at official address (returned addressee unknown). D. Legal Notice to owner in Vero Beach Press Journal E. Posted property with Condemnation Card F. Photographs of property on file G. Notice to owner at address of record of July 28th meeting by Certified mail, postage prepaid, return receipt requested. Pastor William Robinson, husband of Arline Bethel, advised that they wish to fix up the building. His wife did not receive notice of this meeting or receive a notice that her taxes weren't paid; when she finally did hear that her taxes weren't paid, she rushed right out and paid her taxes for 1992. His wife's son is living in the home and he really needs a place to live. Pastor Robinson advised- that no mail was sent to the 4270 24th Court address. Director Rymer explained that all notices were sent to Arline Bethel and that the Robinson name did not appear on the notices. Pastor Robinson identified the house in the picture as the house on 4270 24th Court. In looking at the picture of the house on 4270 24th Court, Commissioner Scurlock felt that if a portion of the building could be inhabited, it --would be the portion to the right -which isn't fully shown. Commissioner Bird asked if the Robinson's plan to bring the structure up to code, and Director Rymer advised that there is a lot of structural damage according to the inspector. Commissioner Bird asked the Robinson's if 60 days would be enough time to bring it up to code, and Pastor Robinson replied affirmatively. Director Rymer stated that she has no objection to people trying to repair their homes, but she stressed that the Robinson's must know the condition of the building and she would prefer not to come back to the Board in 60 days if they do not fulfill that obligation. She would like for them to have at least obtained a 63 J U L 281992 ROOK `d f�" JUL 2r ' BOOK building permit within 30 days and start work on the structure within a 60 -day period. Commissioner Scurlock suggested that because of liability, we make a stipulation that no one live there during those 60 days, and everyone indicated their agreement. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously granted a 60 -day period to allow the Robinson's enough time to submit plans to the Building Dept., obtain a building permit, and proceed with the work within 60 days, with the stipulation that no one will live in the structure during that time. II. 12950 101st Lane - Estate of Sadie Gunder II. 12950 101st LANE: Parcel Number: 00-31-37-00002-0000-00035.0 Owner: Estate of Sadie Gunder Three structures .. A. Environmental Health Department Action B. Code Enforcement Division Action C. Inspection by Building Department D. Certified Notice to Estate of Owner E. Posted property with Condemnation Card F. Photographs of property on file G. 1990 and 1991 Tax Certificates Sold H. Notice to Estate of July 28th meeting by Certified mail, postage prepaid, return receipt requested Director Rymer explained that this was brought to us by the Code Enforcement Board. The notices were received by a relative, Mrs. Sadie Brooks. Attorney Vitunac asked if there had been notification of this in the newspaper, and.Director Rymer stated that it had not been placed in the newspaper. William Clayton, grandson of the deceased, advised that the structure had been donated to the Fire Department who burned the home down for fire fighting practice. Director Rymer explained that staff was out there on July 25, 1992 and the structure was still standing. The Fire Department should have notified the County Building Dept. of the burning. Chairman Eggert felt this is a misunderstanding. It isn't the property that is in question, it is the structure, which apparently has been burned down intentionally by the Fire Department. 64 Mr. Clayton urged the County to have some equity in the system of.requiring people to bring their homes up to code. Ike wondered why the County hasn't noticed the dilapidated structure that is only 100 yards away from their lot. Commissioner Scurlock felt we still have a problem with Code Enforcement because it isn't applied uniformly. He really felt we need to spend some time reviewing the process, because it seems that a lot of these situations are based on complaints by disgruntled neighbors. Commissioner Bird understood then that Director Rymer would verify that the structure on this lot has been burned down, and if it is gone, it's gone; if it is not, the matter will be brought back before the Board. III. 4231 24th Court - Otto T. Rivers - (Deceased) III. 4231 24th COURT: Parcel Number: 26-32-39-00005-0060-00007.0 Owner: Otto T. Rivers A. Inspections by Building Department B. Certified Notice to Owner C. Electrical Service disconnected D. Environmental Health Department Inspection E. Posted property with Condemnation Card F. Photographs of property on file G. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested Director Rymer explained that the green card was signed by William White, who represented himself as Otto Rivers' son. Chairman Eggert asked what happens when we find out an owner is deceased, and Deputy County Attorney Will Collins explained that we don't know who the heir is until it goes through Probate. They have a right to appeal to the Adjustment Board. Carol Jean -Young, speaking _from her seat in the audience, advised that Mr. Rivers had a daughter who she would contact and have her contact the Building Department. The Board indicated their agreement to have staff defer this item for 30 days to give the heir(s) a chance to take care of this matter. 65 BOOK { J U L 2 81992 BOOK 23 IV. 4725 34th Avenue - Dorothy Collier IV. 4725 34th AVENUE: Parcel Number: 22-32-39-00007-0070-00018.0 Owner: Dorothy Collier A. Inspections by Building Department B. Certified Notice to Owner - three notices, returned unclaimed C. Posted property with Condemnation Card D. Certified Notice to New Owner of record - three notices., returned unclaimed (homestead exemption claimed) E. Reinspection made F. Building in use by other than owner without any electrical service. G. Reported to Sheriff's Department H. Photographs of property on file I. Certified Notice to owner (in care of sister) J. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested Commissioner Scurlock didn't understand why our policy triggers hookup to water and sewer when it comes to repairing existing structures, such as having a new roof put on. Director Rymer advised that she has a memo from Utilities Director Terry Pinto regarding the County's policy on mandatory hookup and payment of impact fees. When water and sewer become available (the lines are in along the street), existing homes must hook up and pay their impact fees before obtaining a building permit for any major repairs or improvements, with the exception of electrical and roofs. Commissioners Scurlock and Bird felt we should have the Attorney's Office research this because they didn't feel it is the intent of this Commission to force people to pay impact fees in these types of situations. Chairman Eggert agreed that we should clarify our policy formally, and Commissioner Scurlock was also concerned about small businesses wanting to improve their structures without getting into a lot of requirements, especially with regard to parking. Chairman Eggert felt this is part of the frustration we are feeling in the community. Commissioner Scurlock didn't feel we should make it so difficult for people to improve their structures which in turn improves the community. In addition, he didn't think it was the intent of the Commission to have the Code Enforcement Board used by some people as a way to get revenge on their neighbors. Chairman Eggert noted that is the reason we have the Professional Services Advisory Board review this. 66 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board granted 60 days -to get a building permit and start work on the structure. V. 4810 30th Avenue - Bennie Hill & Jimmie Lee Hughes V. 4810 30th AVENUE: Parcel Number: 22-32-39-00005-0020-00008.0 Owner: Bennie Hill and Jimmie Lee Hughes A. Inspection by Building Department B. Certified Notice to Owner at address of record (returned, unknown) C. Posted property with condemnation cards D. Photographs on file E. Notice to owner at address of record of July 28th Meeting by Certified mail, postage prepaid, return receipt requested Chairman Eggert asked if anyone was here about this property. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized demolition of the structure listed above. VI. 4221 25th Avenue - Annie Collier VI. 4221 25th AVENUE: Parcel Number: 26-32-39-00005-0080-00005.0 Owner: Ray and Melissa Lofton In Care Of: Annie Collier A. Inspection by Building Department B. Certified Notice to Owner (three notices, returned unclaimed) C. Posted -property with Condemnation Cards D. Code Enforcement Division Action E. Legal Notice to Owner in Vero Beach Press Journal F. Photographs of property on file G. Notice to Owner at address of record of July 28th Meeting by Certified mail, postage prepaid, return receipt requested Director Rymer explained that this is another case where we have had trouble giving notice, and notice was published in the Vero Beach Press Journal. In checking with the Property Appraiser's Office, it was found that someone is claiming Homestead Exemption on this property. There is no electric service to the structure. 67 J U L 2 8 1992 Attorney Vitunac advised that his office will get with the Building Dept. and check to determine if proper notice was served, and Director Rymer advised that she already has had them reviewed and the Attorney's Office approved the procedures. Attorney Vitunac stated that we will review them again. Commissioner Bird felt that based on the fact that they have not had electrical service since 1983, he would move demolition. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized demolition of the above listed structure contingent upon review by the County / Attorney's Office. /� ' 44ee VII. 422624th Court - Kathleen whetstone VII. 4226 24th COURT: Parcel Number: 26-32-39-00005-0040-00002.0 Owner: Kathleen Whetstone A. Inspection made of property B. Certified notice to owner of repairs required C. Certified notice of condemnation to owner D. Condemnation card posted E. Photographs on file F. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested Director Rymer circulated pictures of the subject property and reported that we did get the green card back on the certified letter of notice. She noted that this was also recorded by the Code Enforcement officer. Chairman Eggert asked if anyone was here today about this property. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized demolition of the structure listed above. 7 `✓/ � r , rq' �l ,moi � �.® 68 A't> VIII. 4200 Block of 24th Avenue - Gertrude Hargrove VIII. 4200 Block of 24th AVENUE:• Parcel Number: 26-32-39-00000-3000-00016.0 Owner: Gertrude Hargrove Four structures A. Report from Sheriff a Department of illegal activity B. Inspection made by Building Department C. Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. 1989, 1990, 1991 tax certificates sold G. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested Director Rymer reported that she spoke to Mrs. Hargrove this morning, who said that two structures are already gone and the other two are being worked on. Director Rymer requested authorization to tear down the structures if they are not down within 30 days. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the demolition of the structures listed above if they are not torn down within 30 days. Discussion ensued regarding the expansion of the resolution passed sometime ago by the Board in an emergency situation authorizing the condemnation and demolition of some of these structures where crack cocaine was being sold. IX. 4200 Block of 24th Avenue - Leroy Brown IX. 4200 Block of 24th AVENUE.. Parcel Number: 26-32-39-00005-0040-00007.0 Owner: Leroy Brown A. Report from Sheriff's Department of illegal activity B. Inspection made by Building Department C. Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. 1991 tax certificate sold G. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested 69 Thomas Yancy, who bought the tax certificate on this property in 1991, was concerned that he might have to pay the demolition costs on this structure because the demolition might cost more than what he paid for the property. ON.MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously authorized the demolition of the structure listed above. Commissioner Scurlock asked what we would do if an owner doesn't have the money to pay for demolition, and Attorney Vitunac advised that he believed we could place a lien on other property owned by the owner. X. 4200 Block of 24th Avenue - Church of God Cocoa Florida 4200 Block of 24th AVENUE: 26-32-39-00000-3000-00017.0 Parcel Number: s26 Bg 99 00009 004e eee±?.o Owner: Church of God, Cocoa, Florida A. Report from Sheriff's Department of illegal activity B. Inspection made by Building Department C. Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. Notice to owner of July 28th meeting by.Certified mail, Postage prepaid, return receipt requested Director Rymer circulated pictures of the property and reported that we did receive a green card back from the certified mailing. Chairman Eggert asked if anyone was here about this property. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously authorized demolition of the above listed structure. ,► XI. 4200 Block of 24th Avenue - Frank Turner c/o Thomas P. Turner XI. 4200 Block of 24th AVENUE: Parcel Number: 26-32-39-00000-3000-00053.0 Owner: Frank Turner In Care Of: Thomas P. Turner A. Repbrt from Sheriff's Department of illegal activity B. Inspection made by Building Department C. Certified condemnati-z notice to owner D. Condemnation card po.::ed E. Photographs on file F. 1989, 1990, 1991 tax certificates sold G. :Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested 7 0 Director Rymer reported that we have received the green card back from the certified mailing; in fact, we received: two green cards, one of which was to advise the owner of the meeting today. She advised that when we receive notices from the Sheriff's Department of illegal activity on a property, it is a written report. Chairman Eggert asked if anyone was here about this property. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized demolition of the structure listed above. �� ° ��✓,� �, fs' ,�, ;°;� '�'e T'/tel 7,5 XII. 763 5th Place - Carol Jean Young XII. 763 5th PLACE, S.W.: Parcel Number: 24-33-39-00007-0020-00015.0 Owner: Carol Jean Young A. Fire damage inspection by Building Department B. Certified notice of condemnation to owner (HARRINGTON) C. Condemnation card posted D. New owner obtained Permits for repairs (YOUNG) E. Inspection by Building Department F. Notice to owner of sub -standard repair work/dilapidated condition G. Certified condemnation notice to owner - returned undelivered. H. Condemnation card posted I. Photographs on file J. 1990,-1991 tax certificates sold K. C. John Rexford files Lis Pendens L. Notice to Rexford of July 28th Meeting by Certified mail, postage prepaid, return receipt requested M. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested Director Rymer advised that the owner tried to improve the structure herself but ran out of money and is now in the process of selling this home -to another person. Carol Jean Young explained that she has seen an attorney regarding the purchase and is asking for a deferment of 60 days so that the new owner can get it cleaned up and prepare the proper plans. Chairman Eggert felt this situation called for 90-120 days. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously granted the potential new owner 60 days to purchase the property, complete the plans and submit them to the Building Department and an additional 30 days to actually start working on the structure. 71 L J U L 2 8 192 flDfS.�U r � _ , ,, , - A ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-132, providing for the demolition of unsafe structures and the recovery of costs. RESOLUTION NO. 92-_t32_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURES AND THE RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Standard Unsafe Buildings Abatement Code (SUBAC), 1985 Edition (at Section 401.01, Indian River County Code); and WHEREAS, Section 701 of the Standard Unsafe Buildings Abatement Code provides for the recovery of the costs of repairs and/or demolitions to unsafe structures by policies and procedures established by the local governing body; and WHEREAS, Section 100.080 provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against the owner of property or person responsible for compliance with the Code for the costs incurred by the County; and WHEREAS, pursuant to Chapter 162, F.S. , notice of intent to adopt a lien resolution has been given to the proposed lienees, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the costs of demolition of the unsafe structures which are listed and attached as Exhibit "A" hereto, which costs are incurred by County government as a result of such demolition undertaken under the direction of the Board of County Commissioners shall be recovered from the owners of the property upon which each unsafe structure is located, as identified in the attached Exhibit "A". The costs of such demolition shall be reported to the Building Director 72 RESOLUTION: NO. 92- 1-Q who shall notify the County Attorney's Office to prepare liens for the recovery of those costs, to be placed upon the real property of the owner of the unsafe structures as listed in the attached Exhibit "A", any such liens bearing interest at the rate of twelve percent (12%) per annum from the date the lien is recorded in: the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bowman , and, upon being. put to a vote, the vote was as- follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of Jul y 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Carolyn Eggert,/ rman ATTEST : ALJe 'Bar.` on,6k 73 JUL 28 1992 L l^dh" , VIC Co AggrOved Date Ski (igel Dent ` 41Sk Mqr - - - AIA._ EXHIBIT "A"] SUMMARY OF STAFF'S ACTION ON UNSAFE STRUCTURES I. 4810 30th AVENUE: Parcel Number: 22-32-39-000050020-00008.0 Owner: Bennie Hill and Jimmie'Lee Hughes A. Inspection by Building Department B. Certified Notice to Owner at address of record (returned, unknown) C. Posted property with condemnation cards D. Photographs on file E. Notice to owner at address of record of July 28th Meeting by Certified mail, postage prepaid, return receipt requested - --.&- II. 4221 25th AVENUE: Parcel Number: 26-32-39-00005-0080-00005.0 Owner: Ray and Melissa Lofton In Care Of: Annie Collier A. Inspection by Building Department B. Certified Notice to Owner (three notices, returned unclaimed) C. Posted property with Condemnation Cards D. Code Enforcement Division Action E. Legal Notice to Owner in Vero Beach Press Journal F. Photographs of property on file G. Notice to Owner at address of record of July 28th Meeting by Certified mail, postage prepaid, return receipt requested III. 4226 24th COURT: Parcel Number: 26-32-39-00005-0040-00002.0 Owner: Kathleen Whetstone A. Inspection made of property B. Certified notice to owner of repairs required C. Certified notice of condemnation to owner D. Condemnation card posted E. Photographs on file F. Notice•to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested IV. 4200 Block of 24th AVENUE: Parcel Number: 26-32-39-00005-0040-00007.0 Owner: Leroy Brown A. Report from Sheriff's Department of illegal activity B. Inspection made by Building Department C. Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. 1991 tax certificate sold G. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested 74 - ® M V. 4200 Block of 24th AVENUE: 26-32-39-00000-3000-00017.0 Parcel Number: -26 92 39 eee05 9048 9901?zg Owner: Church of God, Cocoa, Florida A. Report from Sheriff's Department of illegal activity B. Inspection made by Building Department C. Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. Notice to owner of July 28th meeting by Certified mail, postage prepaid, return receipt requested VI. 4200 Block of 24th AVENUE: Parcel Number: 26-32-39-00000-3000-00053.0 Owner: Frank Turner In Care Of: Thomas P. Turner A. Report from Sheriff's Department of illegal activity B. Inspection made by Building Department C. 'Certified condemnation notice to owner D. Condemnation card posted E. Photographs on file F. 1989, 1990, 1991 tax certificates sold G. Notice to owner of July 28th meeting by Certified mail, postage.prepaid, return receipt requested 74a L_ JUL 2108 1992 APPROVAL OF HALON FIRE SUPPRESSION SYSTEM MAINTENANCE CONTRACT FOR E911 CENTRAL COMMUNICATIONS CENTER The Board reviewed the following memo dated 7/19/92: TO: Board of County Commissioners THROUGH: Jim Chandler, ounty Administrator FROM: Doug,Wrightl irector p Emergency Services DATE: July 19, 1992 SUBJECT: Approval of Halon Fire Suppression System Maintenance Contract for E911 Central Communications Center It is respectfully requested that the information -contained herein be given formal consideration by the Board of County Commissioners at the next rygular scheduled meeting. DESCRIPTION AND CONDITIONS The Halon Fire Suppression System at the E911 Communications Center requires conformity to manufacturer's specifications and the National Fire Protection Association Standard 12A. Engineered Environments of Boca Raton, Florida, has been recommended by the Sheriff's Department to provide the semi-annual preventive maintenance program for this very important and necessary system. One service call had to be made on June 20, 1992, by Engineered Environments to adjust and balance the system. If the 'Board will approve the contract year as January 18, 1992 to January 17, 1993, the expenses can be reduced considerably for the recent service call. The Purchasing Division was asked to inquire and obtain quotes from other vendors who are qualified to service the Fike System at the E911 Center. The only other vendor found in this area was Protective Systems of Altamonte Springs, Florida, who gave a quote of $1,500 for the semi-annual maintenance program. ALTERNATIVES AND ANALYSIS Although three levels of maintenance service is available, staff feels the Level 1 Program of two service calls per contract year is sufficient and the least expensive at a cost of $1,380 versus $2,735 for the full maintenance program. The essential difference between the levels is the 25% discount on the Halon 1301 agent discharged for cause or accidentally and the times at which the service is rendered. RECOMMENDATION Staff recommends approval of the one year contract with Engineered Environments for the sum of $1,380 with the date of the contract as referenced above. Staff also recommends the Board authorize the Chairman to execute the attached contract for the term and amount specified. 75 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously:approved a one-year contract with Engineered Computer Environ- ments for the sum of $1,380.00, as set out in the above staff recommendation. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 1993 HOLIDAY SCHEDULE The Board reviewed the following memo dated 7/20/92: To: James Chandler Date: July 20, 1992 County Administrator From: Jack Price,�jLc-e.v� Subject: 1993 Holiday Schedule Personnel Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For consideration by the Board of County Commissioners: proposed schedule of holidays for Indian River County Employees for 1993. Holiday New Year's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Before Christmas Christmas Day County Observance Friday, January 1, 1993 Friday, April 9, 1993 Monday, May 31, 1993 Monday, July 5, 1993 Monday, September 6, 1993 Thursday, November 11, 1993 Thursday, November 25, 1993 Friday, November 26, 1993 Thursday, December 23, 1993 Friday, December 24, 1993 Note: The Property Appraiser and Supervisor of Elections offices will observe the schedule above. The Clerk of the Court will also, except the Day Before Christmas which will depend upon the State Judicial calendar. In addition to the schedule above, the Tax Collector and Sheriff will observe Martin Luther King Day on January 18, 1993. APPROVED AGENDA ITEM FOR July 28, 1992 James Chandler, County 76 JUL 281992 strator n6ox i' F;,�E 17 BOOK "ra° d�i8d� Commissioner Bird reported that he has had several calls from building contractors, two from Bob Russell of Russell Concrete, saying that 2 -day holidays such as Thanksgiving and the following Friday are a hardship on them and suggesting that perhaps the County could have a skeleton staff on hand on the Friday after Thanksgiving. Building Director Ester Rymer advised that Community Development Director Bob Keating sends out a letter of notice every year that the County will be closed Thanksgiving Day and the following Friday. In answer to Commissioner Bird's question as to how big a problem it presents, Director Rymer felt that for the most part they are able to accommodate the people, especially by giving the concrete inspection ahead of time. She didn't feel that it is a big enough problem. She had advised Bob Russell to contact her if he had some ideas on what we could do to make it easier for the contractors over a 2 -day holiday. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the 1993 Holiday Schedule as presented by staff. RESOLUTION PROVIDING FOR THE PAVING AND DRAINAGE IMPROVEMENTS - FLORAL PARK SUBDIVISION AND RANCH ESTATES SUBDIVISION - AND RESOLUTION SETTING DATE FOR PUBLIC HEARING The Board reviewed the following memo dated 7/16/92: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. „`� County Engineer ff _ FROM: Michelle A. Gentil�,fET Civil Engineer SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to the Roads in Floral Park Subdivision, and Ranch Estates Subdivision and Set Date for Public Hearing DATE: July 16, 1992 DESCRIPTION AND CONDITIONS The County Public Works Department has received a new petition for a public improvement assessment for road paving and drainage 77 r � r improvements for the roads in Floral Park Subdivision, and Ranch Estates Subdivision. This petition was received in June, 1992 and supersedes the original petition. There are presently:23 homes in Floral Park and Ranch Estates Subdivisions. Owners of 16 homes have signed the petition making 70% of the property owners, who actually live in the benefited area, and 37% of the total square footage of the benefited area, in favor of having these roads paved. They are also requesting an extension of the payment schedule from 2 years to 5 years. On February 25, 1992, at the regular meeting of the Board of County Commissioners, the Board directed the Engineering staff to meet with the property owners in the Floral Park and Ranch Estates Subdivisions to discuss the above mentioned project and to see if there was still an interest in having the roads in these subdivisions paved if the costs could be contained to meet the economic downturn. An informal meeting was held in the Commission Chambers on April 8, 1992. Approximately 15 property owners were in attendance from the Floral Park and Ranch Estates Subdivisions. A copy of the sign -in sheet is attached. At this meeting, the Engineering staff explained the preliminary costs and how each homeowner is assessed. The original assessment to pave these roads was $.25 per square foot, this was based on the construction being performed by an outside contractor. Since concern at this meeting revolved around the proposed water expansion in this area, the homeowners felt the cost for paving and drainage improvements, plus the possibility of a water assessment, was too much to manage in these poor economic times. The Engineering staff prepared another assessment roll reflecting construction cost if the Road & Bridge Division were to perform the construction using county equipment and the county's paving contractor. Another informal meeting was held on April 29, 1992, (a copy of the sign -in sheet is attached) in the Commission Chambers, to discuss the new costs. The assessment for the construction to be performed by the Road & Bridge Division is approximately $.16 a square foot. During this meeting, staff asked if someone would volunteer, and circulate a new petition to see how many people would still be interested in proceeding with the paving of these roads. All the property owners were notified of the new costs for construction by letter. Also at the meeting, the majority of those present wanted to extend the payment schedule from two years to five years. They also inquired, that if they could get a majority of the property owners who lived in the neighborhood to sign the petition, could it be brought befoZeP-the Board of County Commissioners -for a Public Hearing. Mr. Leonard W. Wilson, Sr. volunteered to circulate the petition with the stipulation that the payment schedule would be extended. A notice was attached to the petition that the homeowners are requesting that the payment schedule be extended to five years. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. The Public Hearing has been scheduled for Tuesday, September 1, 1992 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board. 78 J U L 28 1992 BODS( f, � � " 9 JUL 21� BOOK The total estimated cost of the project is $173,530.97. Seventy- five percent (75%) of this cost ($130,148.23) will be paid by the property owners. RECOMMENDATION AND FUNDING It is recommended that motions be made to: 1) Adopt the resolution providing for the paving and drainage improvements for the project subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $173,530.97 from the Petition Paving Account #173- 214-541-035.39. 3) Adopt a resolution setting the time and place of the Public Hearing. County Engineer Roger Cain handed out a map of this particular area showing that 56th Avenue is the eastern perimeter road around both subdivisions. A site plan was submitted -about a year and a half ago and it was determined that for this particular site it would not be good to mix commercial traffic with residential traffic. He noted that there have been some negotiations that occurred last Friday regarding some property on 56th and he believed that what was decided on this particular piece of property is to delete it from the assessment because it does not receive the benefit of the improvements. Public Works Director Jim Davis reported that we received a letter from Robin Lloyd, attorney representing Neil Stevens, Plant Foods, Inc., Parcel #28-32-3900001005000003.0 regarding the assessment. The County Attorney's Office and Public Works Dept. agree that the paving would not benefit Mr. Stevens' property because the property would not access the road. Mr. Stevens did donate 25 additional feet of right-of-way along 56th Avenue. The value of the property and the assessment is just about equal. If Mr. Steven's property is excluded from the assessment, it would increase the assessment to 17 cents per square foot from 15 cents per square foot. The County would pay the extra $12,561.38 for the reason that the property wouldn't benefit from the paving. Commissioner Scurlock expressed his concerns about having a policy on this, and Director Davis explained that our policy states that if the assessment does not benefit the property, the property is not included in the assessment. Director Keating explained that we have agreed to readdress the provision in the ordinance in relation to this type of situation. Director Davis reiterated that it is staff's recommendation that we get the $12,500 from either the District Fund or the gas tax revenue fund or some other gas tax fund to make up this $12,500 in this assessment project and go ahead with the assessment as it is proposed which is to assess the property owners as shown in the 79 Agenda packet which includes the acceptance of the 25 feet of right=of-way by Mr. Stevens in lieu of the paving assessment. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved the acceptance of the dedication of 25 feet of right- of-way from Neil Stevens in lieu of a paving assessment and adopted Resolution 92-133, providing for c e r t a in paving and drainage improvements to the roads in Floral Park Subdivision and Ranch Estates Subdivision, providing the total estimated cost, method of payment of assess- ments, number of annual installments, and legal description of the area specifically benefitted. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 92-134, setting a time and place at which the owners of property in Floral Park Subdivision and Ranch Estates Subdivision may be heard as to assessments on paving and drainage improvements. so BOOK �.8 1992 JUL 28 IN Providing (First Reso.) 2/20/91(ENG)RESI.MAG\gfk RESOLUTION NO. 92- 133 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO THE ROADS IN FLORAL PARK SUBDIVISION, AND RANCH ESTATES SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvements for the roads in Floral Park Subdivision, and -Ranch Estates-Ou-bdivision. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Section 11-21, 11-22, and 11-41, Indian River County Code of Laws and Ordinances; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is ONE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NINETY-SEVEN CENTS ($173 530.97); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to approximately that proportion Of sixty-seven percent (67%) of the total cost of the project ($117,586.85) which the number of square footage owned by the given owner bears to -the total number of square footage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($43,382.74) will come from Petition Paving Account; and approximately eight percent .(8%) of the total cost of the project ($12.561.38) will come from the Gas Tax Revenue; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-47, Indian River -County Code of Laws and Ordinances; and 81 No. 92 - WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in five (5) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements,'to wit: Lots 1 thru 12, Block 1; Lot 1, Block 2; Lots 6 thru 12, Block 2; Lots 1 thru 12, Block 3; Lot 1, Block 4; Lots 7 thru 12, Block 4; Ranch Estates Subdivision, Plat Book 4, Page 92 of the Public Records of Indian River County. Lots 1 thru 14, Block A; Lots 1 thru 10, Block B; and Lots 13 through 22, Block B; Floral Park Subdivision, Plat Book 5, Page 20 of the Public Records of Indian River County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to—the roads - in Floral Park Subdivision, and Ranch Estates Subdivision; heretofore designated as Public Works Project No. 8 610 is hereby approved subject to the terms outlined above and all applicable requirements of Section 11- 41, et seq.- Indian River County Code of Laws and Ordinances. 82 JUL 28 1992 BOOK fPA E AUL 2,8 No. 92- 133 The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Margaret C. Bowman Aye�.p Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye District IV - Vacant The Chairman thereupon declared the resolution passed and adopted this 28 day of July , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B CAROLYN . EGGERT, irman Attest: JEF r- 83 Time and Place (Second Reso.) 2/20/91(ENG)RES2.MAG\gfk RESOLUTION NO. 92- 134 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN FLORAL PARK SUBDIVISION, AND RANCH ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY 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. 92-133 , 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 hereafter, that paving and drainage improvements be made to; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 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 making paving and drainage improvements, 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, as follows: 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 Tuesday September 1 1992, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved 84 ,r C J U L 2 8 1992 BOOK r JUL r RESOLUTION NO.g2--134 MOK and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements 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 improvements, and an estimate of the cost thereof at the office of the Clerk to the Board 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 Public Works by two publications in the Vero Beach 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. Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which 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 Bird and the motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Resigned The Chairman thereupon declared the resolution duly passed and adopted this 28 day of duly 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By CAROLYN . EGGER Chairm ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD as REQUEST FOR ROAD CLOSURE - WABASSO ROAD & LIVE OAK DRIVE - WABASSO BRIDGE 5 K RIIN The Board reviewed the following memo dated 7/21/92: TO: James E. Chandler, County Administrator ll �ITHROUGH: James W. Davis, P.E.,,,- Public Works Director, FROM: Michael S. Dudeck, Jr... /r County Traffic Engineer SUBJECT: Request for Road Closure - Wabasso Road and Live Oak Drive, 7:30 AM - 9:00 AM; October 24, 1992 DATE: July 21, 1992 FILE: elcrc92.agn DESCRIPTION AND CONDITIONS The Environmental Learning Center is proposing to conduct its Second Annual "Wabasso Bridge 5 K Run" at 8:00 AM on Saturday, October 24, 1992. The 3.1 mile run will start and end at the Environmental Learning Center on Live Oak Drive and will utilize CR�10, the high bridge, and an additional segment of CR510 west of SR AlA. It is anticipated that between 100 and 200 runners of all ages will participate in this race which is projected to consume approximately 45 minutes. Since the race participants will include persons from "8 thru 80 years of age" and the race course will involve the participants running both eastbound and westbound on CR510, the County Traffic Engineer, representatives of the Sheriff's Department along with Randy Dowling have determined that, for safety reasons, this section of roadway should be closed to all vehicular traffic from 8:00 AM to 9:00 AM for the race. This method was used last October for the race with no problem since the closure is of such short duration. Traffic Engineering will place signs at both the USI and SR AlA intersections indicating that the roadway will be closed between 8 & 9 AM " on October 24, 1992 for a week before the event. The signs used last year will be re -used. Sheriff Deputies will be on duty at both the easterly and westerly portions of the roadway closure as will the County Traffic Engineering staff, maintaining temporary barricades for the event. In addition, Vero Beach High School ROTC cadets in uniform, will be utilized to restrict any and all traffic attempting to enter CR510 via the few side streets involved. The Environmental Learning Center will have emergency and support vehicles along the route to assist any person or persons who cannot complete the run within one hour and a refreshment stand will be available to assist as well. At 7:30 AM a "1 mile fun run/walk" will take place solely on Live Oak Drive. This short event will be over well before the 8:00 AM start time for the main run. 86 3utn L FP_ 11, -7 J U L 2 S 1992 boa FA,E IS The formal request for the road closures along with other correspondence and the Environmental Learning Center's co-insurance affidavits are attached to this request. ALTERNATIVES AND ANALYSIS Upon receiving the initial request for road closure, Traffic Engineering and Sheriff Department staff considered maintaining one lane of traffic during the event. This alternative was discarded because of the great range of ages of the participants and the fact that all participants will be required to run both eastbound and westbound on the section of roadway involved. The fact that the bridge itself restricts sight distance is also a complicating factor affecting safety. RECOMMENDATIONS AND FUNDING Given the benefits which will accrue to the general public from this Environmental Learning Center event, the very limited time period involved, and the minimal inconvenience to the general motoring public, staff recommends that the segment of CR510 from Live Oak Drive, easterly to approximately 100 yards west of SRAlA be closed from the 8:00 AM to 9:00 AM along with a closure of Live Oak Drive from the Environmental Learning Center northerly to CR510, from 7:30 AM to 9:00 AM. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Bird, that the Board approve the request to close Wabasso Road and Live Oak Drive on October 24, 1992 for the "Wabasso Bridge 5 R Run" during the hours set out in staff's recommendation. Under discussion, Commissioner Bird asked if there was any troubles caused by closing this road for last year's race, and Bruce Barkett answered from his seat in the audience that he had participated in the race last year and wasn't aware of any problems. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. SLUDGE/SEPTAGE FACILITY - EPA CONSTRUCTION GRANT INCREASE The Board reviewed the following memo dated 7/20/92: 87 2661 8 Z tl n r � � r DATE: JULY 20, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES STAFFED AND PREPARED BY: H. D. " " OSTER. P.E. ENVIRONMENTAL ENGINEER. DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY ENVIRONMENTAL PROTECTION AGENCY (EPA) CONSTRUCTION GRANT INCREASE BACKGROUND: The EPA grant for the subject facility was based'on a construction cost estimate made in 1988. However, construction bids exceeded that 1988 estimate and, after Camp Dresser & McKee Inc.'s consultation with the EPA and following submittal of an application for grant increase, the EPA is making an additional $325,525 of grant money available. This increases the total grant from $1,836,570 to $2,162,095. ANALYSIS: In order to receive the additional grant money, a formal acceptance is required. Authorization for the Director of Utility Services to accept this increase is requested. Our acceptance must reach the EPA in Atlanta no later than Monday, August 3, 1992. RECOMMENDATION: The Department of Utility Services requests the Board of County Commissioners to authorize the Director of Utility Services to accept the grant increase of $325,525, and to notify the EPA prior to the final acceptance date. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the Director of Utility Services to accept the grant increase of $325,525 and to notify the EPA prior to the final acceptance date. as 199215 -1 MOK y 2y' SLUDGE/SEPTAGE FACILITY - CAMP. DRESSER & MCKEE PAY REQUEST FOR ADDITIONAL SERVICES The Board reviewed the following memo dated 7/20/92: DATE: JULY 20, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF -UTI I. CES STAFFED AND PREPARED BY: H. D. "DUKE" OSTER, P.E. ENVIRONMENTAL ENGINEER/ DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY CAMP DRESSER & MCKEE INC. (CDM) PAY REQUEST FOR ADDITIONAL SERVICES BACKGROUND: Included among the engineering services under contract with CDM is a specified amount for site plan "approval. However, following original approval, Indian River County adopted.more stringent Land Use Regulations which comprise tide bulk of the unanticipated changes; this involved additional design time above the original scope (see attachment). ANALYSIS: Site plan approval is required prior to awarding a construction contract. During site plan review, it was determined that numerous design changes were required. Because of the need to expedite the project, CDM acted on its own initiative to avoid County loss of EPA grant funds through erosion. A payment of $25,000 for services rendered is being requested by CDM. This is a figure that was negotiated between CDM and Indian River County Department of Utility Services as being fair to both parties (see attachment). RECOMMENDATION: It is requested that the Board of County Commissioners approve the pay request of $25,000 as payment in full for additional services rendered. 89 Z6618Z Iff ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the pay request of $25,000 from CDM as payment in full for additional services rendered, as recommended by staff. PAY REQUEST WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED AND RECEIVED VERIFIED COMPLAINT OF MICHAEL O'HAIRE REGARDING RROVOCHECK PERMIT Deputy County Attorney Will Collins presented the following recommendation dated 7/22/92: TO: The Board of County Commissioners FROM: ry G-- William G. Collins II - Deputy County Attorney DATE: July 22, 1992 SUBJECT: Verified Complaint of Michael O'Haire - Krovocheck Permit On June 2, 1992 the Board of County Commissioners heard Michael O'Haire's appeal of the issuance of a wetland resource permit to Jack Krovocheck. As a precondition to seeking judicial relief, Mr. O'Haire is required by Section 163.3215 to "file a Verified Complaint with the local government whose actions are complained of setting forth the facts upon which the complaint is based and the relief sought by the complaining party". Mr. O'Haire filed a Verified Complaint with the County within the 30 days prescribed by the statute, on June 30th. The statute requires the local government to respond within 30 days after receipt of the complaint. After the County's response, Mr. O'Haire has 30 days to initiate suit in Circuit Court. • The theory behind Mr. O'Haire's complaint is that the wetland resource permit materially alters the use or density or intensity of use on Mr. Krovocheck's property in a manner that is not consistent with the Indian River County Comprehensive Plan. Mr. O'Haire asked the County to void the wetland resource permit issued to Mr. Krovocheck. The Verified Complaint indicates that if the permit is not voided, Mr. O'Haire will sue Indian River County for violation of his constitutional rights to due process and equal protection -of the law, and that he will seek attorney's fees for violating his civil rights. I have reviewed the facts relied on by Mr. O'Haire in paragraphs 8a through 8f of his complaint. All of the facts relied on by Mr. O'Haire in complaint paragraphs 8a through 8f to point out inconsistencies with the Comprehensive Plan were raised in his appeal letters dated April 24, 1992 and February 19, 1992. Each of these matters was addressed in the Staff Report dated May 21, 1992 and considered by the Board at the public meeting of June -2, 1992. (In the complaint, Mr. O'Haire raises as a new matter Future Land Use Element Policy 5.4 as implemented by Chapter 915 of the County's Land Development Regulations. Chapter 915 is the Planned Unit Development Chapter of the County Land Development Regulations. Future Land Use Policy 5.4 states "A special planned development (PD) district may be designated as an overlay on the County Zoning Atlas. The PD is intended to provide for the development of projects which require flexibility from the 90 JULL- 281992 MOK C.> 6 Fa,vE JUL 2 8 N92 BOOK land development regulations in order to maximize open space and conserve natural features, incorporate recreational facilities, and mixed use projects." This invocation of the planned development policies and regulations was not addressed at the earlier Board meeting specifically in relation to Future Land Use Policy 5.4. However, Mr. O'Haire's contention that the permit conflicts with Future Land Use Policy 1.5 which provides that "No residential development in C-2 or C-3 areas shall occur unless such development is approved as a planned development" was addressed in the Staff Report. Mr. O'Haire's appeal letters also raised the planned development issue. At the June 2nd meeting this contention was rejected by the Board.) CONCLUSION AND RECOMMENDATION: In the absence of any new facts or evidence to be considered by the Board, the County Commission should not void the wetland resource permit previously issued to Mr. Krovocheck on which administrative appeals have been heard. The County's exposure to damages for violations of due process and equal protection would be greater should they void the permit in the absence of any facts, evidence or testimony to rebut the findings and recommendations of their professional staff and the -prior testimony of Mr. Krovocheck's professional engineer at the appeal hearing. I recommend that the County Attorney be authorized to respond to Mr. O'Haire that the County Commission has considered his Verified Complaint and chosen not to void the wetland resource permit of Mr. Krovocheck. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously declined Mr. O'Haire's request to void the wetland resource permit of Mr. Krovocheck, as recommended by Attorney Collins. DISCUSSION REGARDING THE SCHEDULING OF PUBLIC HEARINGS IN SEPTEMBER After discussing vacation times, the Board scheduled the following public hearing dates: Preliminary Budget Hearing: Sept. 9, 1992 at 5:01 p.m. Final Budget Hearing: Sept. 15, 1992 at 5:01 p.m. First Meeting - LDR's: September 3, 1992 at 5:01 p.m. Final Meeting - LDR's: September 17, 1992 at 5:01 p.m. Attorney Vitunac advised that to take any action at any of these meetings, a majority vote of 3-1 would be needed. If only three members of the Board are present, the Motion would have to be unanimous. SOLID WASTE DISPOSAL DISTRICT Chairman Eggert announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:03 o'clock A.M. ATTEST: J. Barton, Clerk J U L 2 8 J992 92 Carol K. Egge Chairman ,` �� BOOK F " .L: ,