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HomeMy WebLinkAbout11/24/1992MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, NOVEMBER 24, 1992 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS INVOCATION - None Carolyn K. Eggert, Chairman (Dist. 2) James E. Chandler, County Administrator Fran B. Adams ( Dist. 1) Richard N. Bird ( Dist. 5) Charles P. Vitunac, County Attorney Kenneth R. Macht ( Dist. 3) _ John W. Tippin (Dist. 4) Jeffrey K. Barton, Clerk to the Board 9:00 A. M. 1. CALL TO ORDER 6. APPROVAL OF MINUTES Regular Meeting of 9/15/92 7. CONSENT AGENDA A. Proclamation Designating December, 1992 as Drunk and Drugged Driver Awareness Month in Indian River County B. Occupational Licenses Collected During Month of October (memorandum dated November 10, 1992) C. Appointment of Fellsmere Councilwoman Ruby L. Korman to Treasure Coast Regional Planning Council ( letter dated November 13, 1992 ) D. Ms. Christine Heshmati as designee to attend Transportation Disadvantaged Local Coordinating Board meetings ( letter dated November 9, 1992 ) E. IRC Bid #3034 / Kings Highway Water Tower Painting Project ( memorandum dated November 16, 1992 ) ��®V 2 41992 BOOK PDE 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Item 7K Florida Department of Libraries state Aid Grant Item 7L Bond for David Nolte Item 7M Bond for Helen Glenn and Janice Broda Item Item 7N 11A Depository resolution allowing Richard Bird Land Acquisition Advisory committee - to 'sign checks amend the.application to CARL S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of 9/15/92 7. CONSENT AGENDA A. Proclamation Designating December, 1992 as Drunk and Drugged Driver Awareness Month in Indian River County B. Occupational Licenses Collected During Month of October (memorandum dated November 10, 1992) C. Appointment of Fellsmere Councilwoman Ruby L. Korman to Treasure Coast Regional Planning Council ( letter dated November 13, 1992 ) D. Ms. Christine Heshmati as designee to attend Transportation Disadvantaged Local Coordinating Board meetings ( letter dated November 9, 1992 ) E. IRC Bid #3034 / Kings Highway Water Tower Painting Project ( memorandum dated November 16, 1992 ) ��®V 2 41992 BOOK PDE rBOOK PAGE] NOV 2 41992 7. CONSENT AGENDA (cont'd. ): F. Sludge Removal - Bid No. 3007 ( memorandum dated November 13, 1992 ) G. Cancellation of Taxes on Certain Property Acquired by Indian River County ( memorandum dated November, 16, 1992 ) H. Misc. Budget Amendment 002 ( November 18, 1992 ) I. Unemployment Compensation - Budg. Amend. 001 ( memorandum dated November 18, 1992 ) J. Changing the Interest Rate on Petition Paving and Utility Assessment Projects ( memorandum dated November 18, 1992 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS Heritage Village Mobile Home Park ( memorandum dated November 18, 1992 ) B. PUBLIC HEARINGS Paving and Drainage Improvements to the Roads in Floral Park 8 Ranch Estates S/D ( memorandum dated November 3, 1992 ) 10. COUNTY ADMINISTRATOR'S MATTERS Advertising Weekly BCC Agenda and Televising the Meetings ( memorandum dated November 18, 1992 ) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None 11. DEPARTMENTAL MATTERS (cont'd. ): E. OFFICE OF MANAGEMENT AND BUDGET Bond Resolution 8 Award Resolution to Re- finance the $9,855,000 8 $3,655,000 Bond Issue ( memorandum dated November 18, 1992 ) F. PERSONNEL 1. Margaret Bowman / FRS Pension - B.A. 003 ( memorandum dated November 17, 1992 ) 2. Change in Sheriff's Workers' Compensa- tion Coverage - Budget Amendment 004 ( memorandum dated November 18, 1992 ) G. PUBLIC WORKS 6th Ave. Improvements @ 20th Place - Twin Pairs - Final Pay Request, Ranger Construc- tion Industries, Inc. ( memorandum dated November 9, 1992 ) H. UTILITIES 1. Wastewater System Continuing Consulting Services with Camp Dresser 6 McKee, Inc. ( memorandum dated November 10, 1992 ) 2. Developer's Agreement with Norman W. Hensick, Jr. ( memorandum dated November 9, 1992 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT Legislative Priorities 1992-93 Session ( letter dated November 10, 1992 ) B. COMMISSIONER FRAN B. ADAMS C. COMMISSIONER RICHARD N. BIRD NOV 2 4 1992 BOOK PAGE 100 F11— NOV 2 4 1991 BOOK 88 PAGE 101_7 13. COMMISSIONERS ITEMS (cont'd. ): PAGE D. COMMISSIONER KENNETH R. MACHT 1. Board -Employee Relations ( memorandum dated November 18, 1992 ) 2. Roll Call Vote ( memorandum dated November 18, 1992) - 3. County Code of Ethics ( memorandum dated November 18, 1992 ) E. COMMISSIONER JOHN W. TIPPIN 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT None 15. ,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. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES _ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, November 24, 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, November 24 1992, at 9:00 o'clock A. M. Present were Carolyn K. Eggert,, Chairman; Richard N. Bird, Vice Chairman; Fran B. Adams; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held and Diane Albin, Deputy Clerks. The Chairman called the meeting to order, and Commissioner Tippin led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert requested the addition of the following: Item 7K Florida Department of Libraries State Aid Grant Item 7L Bond for David Nolte Item 7M Bond for Helen Glenn and Janice Broda Item 7N Depository resolution allowing Richard Bird to sign checks Item 11A Land Acquisition Advisory Committee request to amend the application to CARL ON MOTION by Commissioner Bird SECONDED by Commissioner Tippin, the Board unanimously added the above items to the Agenda. APPROVAL OF _ MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 15, 1992. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously approved the minutes of the Regular Meeting of September 15, 1992, as written. NOV 2 4 1992 BOOK 88 FACE 102 BOOK NOV 2 4 1992 8 F-1 ,1U8 ,E x.03 CONSENT AGENDA Chairman Eggert requested the removal of Item 7J for discussion, and Commissioner Bird requested the removal of Item 7E for discussion. A. Proclamation Designating December 1992 as Drunk and_Dructcted Driver Awareness Month in Indian River County ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously adopted the following Proclamation: PROCLAMATION DESIGNATING DFCF•M,�NIiR, 1992 AS DRUNK AND DRUt;GED DRJCY:R AWAPENY- MONTH IN INDIAN RIVER COUNTY, FLOP3DA WHEREAS, Florida recorded 1064 alcohol-related traffic fatalities and 24,472 alcohol-related traffic injuries in 1991; and WHEREAS, it is estimated that nearly one-fifth of all Florida boating fatalities result from people operating boats while under the influence of alcohol and drugs (OUI)i and WHEREAS, the law enforcement officers from the Indian River County Sheriff's Office, Florida Highway Patrol, Florida Marine . Patrol, Florida Game arid Fresh Plater Fish Commission, Florida Office of Motor Carrier Compliance, and local police departments throughout the county have exhibited leadership in protecting the public from the DUI and OUI problem] and WHEREAS, the Florida Department of Transportation, State Safety Office, and the Florida Department of Health arid Rehabilitative Services, Injury Control Program, are providing assistance in the development of comm.rnity- based traffic safety programs with DUI emphasis; and WHEREAS, citizen advocacy groups are continuing their efforts to reduce the incidence of driving under the influence and operating under the influence in Florida; arid WHEREAS, the use of alcohol and controlled substances while operating motor vehicles and boats can best be combatted by local communities and an informed citizenry that understands the perils of operating motor vehicles and boats while impaired and the penalties that are imposed by Florida's DUI and OUI•Statutes: NOW, THEREFORE, HE 1T PROCLAIMED BY TDE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of December, 1992 shall be designated as DRUNK AND DRUGGED DRIVING AWARENESS MONTH in Indian River County, arid all citizens are urged to become more cognizant of the dangers associated with intoxicated drivers and boat operators and to support the fight against driving while under the influence of alcohol arid other drugs on our highways and waterways. Dated this 24 day of November, 1992 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn Fggert,/)t'�airman ri B. Occupational License Taxes Collected During Month of October 1992 - ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously approved the following report from Tax Collector Gene Morris summarizing Occupational License Taxes collected during the month of October, 1992: 10WIDRANDUK TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: November 10, 1992 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $39,002.92 was collected in occupational license taxes during the month of October, representing the issuance of 1,624 licenses. C. Appointment of Fellsmere Councilwoman Ruby L. Korman to Treasure Coast Regional Planning Council ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously ratified the appointment of City of Fellsmere Councilwoman Ruby L. Korman to the Treasure Coast Regional Planning Council as representative from the City of Fellsmere. D. Christine Heshmati as Department of Transportation Designee to Attend Transportation Disadvantaged Local Coordinating Board Meetinas The Board reviewed the following letter from District Public Transportation Manager Kent Rice dated November 9, 1992: 3 NUV 1992 BOOK PACE �4� r BOOK NOV 2 4 1997 88 PVuE 105-1 FLORIDADEPARTMENT OF TRMSPORTATi uwron cna.es � ON WMHU S WM G.WArm 7$0 S.W. 24TH STREET, FORT LAUDERDALE, FLORIDA 33315 SECRETARY (305) 524-8611 PUBLIC TRANSPORTATION OPEUnONS DISTRICT FOUR November 9, 1992 Commissioner Margaret C. Bowman Board of County Commissioners 1840 - 25th Street Vero Beach, FL 32960 Dear Commissioner Bowman: As you may be aware, Ms. Allison Smith recently resigned from the Department to accept employment outside the State. In order to insure continuity on those occasions on which I an unable to attend Coordinating Board Meetings, please accept Ms. Christine Heshmati as my new designee. Ms. Heshmati is very knowledgeable in the area of Transportation Disadvantaged and local coordination efforts. Your consideration in this matter is appreciated. incerely, nt is District Public Transportation Manager ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously accepted Christine Heshmati as designee for Kent Rice, District Public Transportation Manager of the Florida Department of Transportation, to the Transportation Disadvantaged Local Coordinating Board. E. IRC Bid #3034 - Kings Highway Water Tower Painting Project The Board reviewed memo from Purchasing Manager.Fran Boynton Powell dated November 16, 1992: 4 DATE: November 16, 1992 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi J T n FROM: Fran Boynton Powell, Purchasing Manage SUBJ: IRC Bid x$'3034/Rings Highway Water Tower Painting Project Utilities Department BACKGROUND INFORMATION: Bid Opening Date: October 28, 1992 Advertising Dates: October 14, 211 1992 specifications mailed*to: Seven (7) Vendors Replies: Three (3) Vendors Frank Shelton, Inc. Perry, GA Worth Contracting Jacksonville, FL Eagle Tank Technology Jacksonville, FL TOTAL AMOUNT OF BID: BUDGETED AMOUNT: SOURCE OF FUNDS: BASE BID $112,697.00 $148,750.00 $177,913.00 $112,697.00 $112,697.00 471-219-536-044.74 - Water Utilities Water storage Tank Maintenance Account. > RECOMMENDATION: Staff recommends that the bid be awarded to Frank Shelton, Inc. as the Jowest, most responsive and responsible bidder meeting specifications. In addition, staff requests the Board's approval of the attached Agreement, when all requirements are met and approved as to form by the.County Attorney. Commissioner Bird reported that the Citrus League initially showed an interest in funding this project to promote Indian River County citrus, but they felt the cost of painting the water tower was prohibitive. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously awarded Bid #3034 to Frank Shelton, Inc., in the amount of $112,697.00 for painting the Kings Highway Water Tower, as recommended by staff. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 5 �NOV 2 4 1992 BOOK 8 8 FACE 140' 6 BOOK 88 F,, G, 071 NOV 2 41992 F. Sludge Removal - Bid No 3007 The Board reviewed memo from Utility Services Director Terry Pinto dated November 13, 1992: DATE: NOVEMBER 13, 1992 TO: JAMES E . _CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTILItf SERVICES . PREPARED TERRY H. DRUM Z/ AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE REMOVAL BID NO. 3007 BACKGROUND On July 29, 1992 and August 5, 1992, a bid for the hauling of sludge from ten wastewater treatment plant facilities, located around Indian River County, was advertised. On August 12, 1992, the bid opening was held. AN_ The bid proposal process to obtain the services of a contractor to remove sludge from the wastewater treatment plants generated four bid responses (attached). Florida Sludge was the lowest bidder for the sludge hauling service. The contract item for hauling sludge to the Indian River County sod farm will be for a period through February 28, 1993. In January, this contract will be rebid to designate the new Indian River County Sludge Facility as the site to haul sludge in lieu of the sod farm. RECOMMENDATION The Department Of Utility Services recommends that the Board of County Commissioners approve and execute the contract for sludge hauling to Florida Sludge at $.011 per gallon for a -contract period through February 28, 1993. The service will be rebid in January 1993 to accommodate the new sludge facility and to continue the sludge hauling service without interruption. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously approved the contract with Florida Sludge for hauling sludge to the sod farm at $.011 per gallon, for a contract period through February 28, 1993, as recommended by staff. SAID CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED 6 G. Cancellation of Taxes on Certain Property Acquired by Indian River County The Board reviewed memo from Deputy County Attorney William G. Collins II dated November 16, 1992: TO: The Board of County Commissioners FROM: U70 William G. Collins II - Deputy County Attorney DATE: November 16, 1992 SUBJECT: Cancellation of Taxes on Certain Property Acquired by Indian River County For your consideration, a resolution has been 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: Right -of -Way (for a sidewalk) acquired from LIVING LORD EVANGELICAL LUTHERAN CHURCH, INC. , and fully described in that Warranty Deed recorded in Official Record Book 952, Page 489-490, Public Records of Indian River County, Florida. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution cancelling certain taxes upon publicly owned lands, 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 Bird, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 92-213, cancelling certain delinquent taxes upon publicly owned lands, as recommended by staff. VA NOV 2 41992 BOOK 88 FAAOS' I NOV 2 41992 BOOK 88 RESOLUTION NO. 92-_,]_3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT 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 tastes delinquent or current against the following described lands, which were: acquired for right-of-way (for a sidewalk) from LIVING LORD EVANGELICAL LUTHERAN CHURCH, INC., are hereby cancelled pursuant to the authority of section 196.28, F.S. See. attached Warranty Deed describing lands, recorded in O.R. Book 952, Pages 489-490, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner B i r d , and the motion was seconded by Commissioner T i g D i n , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 24 day of November, 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By j4 -'-e4 z4�-� Carolyn EggepWChairman 8 H. Miscellaneous Budget Amendment 002 The Board reviewed memo from OMB Director Joe Baird dated November 18, 1992: TO: Members of the Board of County Commissioners DATE: November 18, 1992 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 002 CONSENT AGENDA FROM: Joseph A. Baird t, OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. At the meeting of November 17, 1992 the Board of County Commissioners approved funding in the amount of $9,056.00 for the Council on Aging from General Fund Contingencies. 2. Supervisor of Elections, at the Board of County Commissioners request, hired Carter and Associates to revise precinct maps and district boundaries for the 1992 elections. The cost of $2,600 needs to be transferred from the General Fund Contingencies to cover the expense. 3. Board of County Commissioners approved the addition at Fire Station # 1 on November 17, 1992 at a cost of $52,000. Money was to be transferred forward from old year to cover the expense (Cash Forward). RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 002. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously approved budget amendment 002, as set out in the above staff recommendation. 9 NOV 24 1992 800K TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director Expense BOOK PAGE SUBJECT: BUDGET AMENDMENT NUMBER: 002 DATE: November 18. 1992 -- Y##Vii ..aaca�iaay j UU1-11U-764—UtSZ3. 3Z j S 9,956 !S 0 I I I 1 I .Reserve for Continaencv !nn1_1aa_aa1_noa a,Ie ;Expense 2. !GENERAL FUND ;Board of County Commissioners Professional Services -1001-101-511-033.191$ 2,600 ;S 0 I I .Reserve for Continaencv !nni—laa—Sag—naa_aile Ir Expense EMERGENCY SERV Fire Districts 0�An= Revenue I. Unemployment Compensation Budget Amendment 001 The Board reviewed memo from OMB Director Joe Baird dated November 18, 1992: TO: Members of the Board of County Commissioners DATE: November 18, 1992 SUBJECT: UNEMPLOYMENT COMPENSATION BUDGET AMENDMENT 001 - CONSENT AGENDA FROM: Joseph A. Ba' OMB Director DESCRIPTION AND CONDITIONS The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. - 10 RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 001 to refund Unemployment Compensation payments, funding to come from contingencies. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously approved Budget Amendment 001 to refund Unemployment Compensation payments: TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 001 • DATE: November 18, 1992 ;Parks ! 1 !Unemployment Compensation !001-210-572-012.1515 144 !S 0 ;Personnel ! 1 1 !Unemployment Compensation !001-203-513-012.15!$ 366 !$ 0 !Reserve for Continaencv 0114t ;Road and Bridge :! 11 1 11 !Unemployment Compensation !111-214-541-012.15!$ 3,525 !S 0 ;Traffic Engineering ! ;Unemployment Compensation ilii -245-541-012.15!$ 106 !$ 0 !Reserve for Continaenov o,le ;Utilities - Water !Unemployment Compensation ;471-219-536-012.151$ 263 !S 0 1 i !Cash Forward -September 30 !471-219-536-099.921S 0 !S 263 11 NOV 2 41992 BOOK 8 F°.�E 11 r Nov 241992 BOOK 88 FAuE ill 1 J. Chancring the Interest Rate on Petition Paving and Utility Assessment Projects to 8 PERCENT The Board reviewed memo from OMB Director Joe Baird dated November 18, 1992: TO: Members of the Board of County Commissioners DATE: November 18, 1992 SUBJECT: CHANGING THE INTEREST RATE ON PETITION PAVING AND UTILITY ASSESSMENT PROJECTS - CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS Assessment interest rates are scheduled to be set on an annual basis in January of each year. The Utility Department has scheduled public hearings in early December on large Utility Assessment projects that if approved by the Board of County Commissioners would pay 9 3/4% interest. Prime interest rate in the Wall Street Journal today is 6% which would mean we would charge an assessment interest rate of 8% if the rates were charged today. By changing the rate effective immediately rather than in January we would reduce the interest cost from 9 3/4 % to 8% for those individuals involved in assessment projects. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the change in the interest rate to 8% effective immediately. At the Chairman's request, Administrator Chandler recounted discussions about a year ago when the Board directed staff to analyze and adjust the County's interest rate for petition paving and utility assessment projects on an annual basis. The appropriate adjustment in the interest rate ordinarily would be made in January. However, because of the Phase II water expansion assessment, which will be presented to the Board in December, as well as the petition paving item on today's agenda, staff is recommending that we change the interest rate sooner for this fiscal year. Our policy has been to charge 2 points above the prime rate. The prime rate currently is 6 percent; therefore staff's recommendation is an interest rate of 8 percent. The prior rate was 9-3/4 percent. ON MOTION by Commissioner Adams, SECONDED by Commissioner Bird, the Board unanimously approved an interest rate of 8 percent to be charged on petition paving and utility assessment projects, effective immediately, as recommended by staff. 12 77 K. Authority to Sign State Aid to Libraries Chairman Eggert announced that the State of Florida sent us a Certification of Credentials to be signed and returned to the State on or before December 1, 1992 in order for the Indian River County Public Library to continue receiving state financial aid. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously authorized the Chairman to execute the Certification of Credentials and forward it to the State of Florida on or before December 1, 1992. COPY OF SAID CERTIFICATION IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD L. Surety Bond for Helen Glenn and Janice Broda Mosquito Control ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously accepted surety bonds for Helen Glenn and Janice Broda, Mosquito Control Board. COPIES OF BONDS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Surety Bond for David Nolte Property Appraiser ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously accepted surety bond for David Nolte, Property Appraiser. COPY OF BOND IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD N. Depository Resolution ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 92-214, directing County depositories to honor certain authorized signatures on county warrants and other orders for payment. 13 SOV4 1997 BOOK F"GE 114 NOV4 1992 BOOK 85 WAGE R5 RESOLUTION NO. 92- 214 . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT. WHEREAS, the Board of County Commissioners of Indian River County on November 17, 1992, held an election for the offices of Chairman and Vice Chairman of the Board of County Commissioners; and WHEREAS, the County Commission did nominate and select as Chairman Carolyn K. Eggert, and as Vice Chairman Richard N. Bird; and WHEREAS, Jeffrey K. Barton Was elected Clerk of the Circuit Court of Indian River County effective December 31, 1988, also serves as .a Clerk to the Board of County Commissioners, pursuant to Section 125.167, Florida Statutes; and WHEREAS, it is now necessary to reinstruct the County's depositories as to the signatures necessary to honor County warrants, checks, or other orders for the payment of money drawn in the Commission's name, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The County Commission has in the past designated certain institutions. as official depositories of County funds, and such designations are hereby ratified and affirmed. 2. Each designated depository of the Commission is hereby requested, authorized, and directed to honor checks, warrants, or other orders for payment of money drawn in the Commission's name, including those payable to the individual orders of any person or persons whose name or names appear thereon, when bearing the facsimile signature of the Clerk of the Circuit Court, when said check, warrants, or other orders for the payment of money equals or does not exceed the sum of three thousand dollars ($3,000). Y. 3. If a check, warrant, or other orders for the payment of money drawn in the Commission's name exceeds the sum of three thousand dollars ($3,000), said designated depositories are authorized and directed. to honor checks, warrants, or other orders for payment of money drawn in the Commission's name, only when such check, warrant', or other orders for payment of money bears the facsimile 14 signature of the Chairman and Clerk of the Circuit Court and further bears the original signature of either the Chairman, Vice Chairman, Clerk of the Circuit Court, or Deputy Clerk, listed below. Said actual and facsimile signatures appear below: (1) Jeffrey K. Barton Clerk of Circuit Court (2) Cynthia Gatt Deputy Clerk (3) Mary Louise Scheidt Deputy Clerk (4) Chairman (5) Vice Chairman BE IT FURTHER RESOLVED that the above named signatories are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board of County Commissioners of Indian River County; and BE IT FURTHER RESOLVED that the use of facsimile signatures is as authorized by Section 116.34, Florida Statutes, the. "Uniform Facsimile Signature of Public Officials Act." The resolution was moved to adoption by Commissioner B i r d and the motion was seconded by Commissioner T i p p i n , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Fran B. Adams A y e Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 24th day of November, 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By / Carolyn . Eggert 15 Chairman LOV 2 11992BOOK F...� BOOK FAGS 11 17 HERITAGE VILLAGE MOBILE HOME PARK The Board reviewed memo from County Attorney Charles Vitunac dated November 17, 1992: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: November 17, 1992 RE: HERITAGE VILLAGE MOBILE HOME PARK In 1974 the County Commission entered into a franchise with the owner of Heritage Village for the provision of water and sewer services to the properties included in the Village. By Section XX of that franchise, the owner and the Board agreed that the franchise would continue in force until such time as the County installed its own sewage collection and treatment system, at which time the owner would convey all of its facilities, except for the sewage treatment plant and plant site, to the County without charge . With the construction of the County wastewater system,\ the Department of Utility Services began trying in September, 1989, to reach an agreement concerning the connection of the park to the County utility system. After numerous meetings, the owner and the County entered into an agreement on April 4,. 1991, detailing the conditions of the connection requirement. A copy of this agreement is attached to this memo. Paragraphs IV and V of the agreement concern water and sewer connection requirements. The water meter billing would be used as a basis for wastewater charges. Paragraph VI of the agreement concerns impact fees and requires that the park owner pay the County water impact fees of $1,294 per ERU and sewer impact fees of $1,417 per ERU or such other fees as the County may later establish pursuant to ordinance. The agreement calls for the sewer impact fees to be paid upon connection to the County wastewater system. After being notified in February 1991 that the County wastewater system was ready to accept service from the park, the park was connected on or about April 1, 1991. A majority of the tenants at the park have life -time leases which require the park owner to pay their water and sewer bills, and a majority of the tenants has refused to pay the County water and sewer bills when asked to do so by the park owner. The park owner's theory is that the charges were governmentally mandated and could, therefore, be passed on to the tenants regardless of any conflicting lease provisions. The result of their dispute has been that neither party has been paying the County water and sewer bills, and the County (as of November 24, 1992,) has approximately $95,000 in outstanding water and sewer bills for the park. Attorney Daniel C. Brown, Tallahassee, stated that he is representing the owners of Heritage Village Mobile Home Park in a dispute concerning water and wastewater connection at Heritage 16 Village Mobile Home Park. Mr. Brown recounted that a year ago, pursuant to Ordinance 84-18, the County notified the park owner that the water lines were in and it was time to connect to the County water system and discontinue using the private system. Neither the park owner nor the mobile home park residents were pleased with the change and emotions have run high over this issue because under their leases the mobile home park tenants agree to pay as additional rent the increased cost of utilities incurred during the term of the lease. Attorney Brown urged the Board to put the emotional issues aside and address this issue from the perspective of the interest of the citizens of Indian River County as well as the Utility Department. He reminded the Board that the dispute presently is being litigated in Circuit Court to determine whether the park owner can pass on the utility costs to the residents. Attorney Brown understood that the Indian River County utilities ordinance provides for individual metering of multiple - unit properties. If a bill is not paid within 20 days, notice is given that the water will be turned off after an additional 10 days. The owner of multiple units is the guarantor if the tenant does not pay the bill, and the County may place a lien on the property; however, the County looks primarily to the tenant for payment. Therefore, the owner of Heritage Village is not responsible for service in excess of 30 days. Attorney Brown described the residents of Heritage Village Mobile Home Park as "shrewd" in embroiling the County in this dispute. He advised that the Board's decision of October 20, 1992 places his client in the position of having to sue the County in Federal Court for discrimination under the U.S. Civil Rights Act. The County must impose the same rule on all owners of multiple rental property that it imposed on Heritage Village in order to be in compliance with that act. Attorney Brown stated that his client takes the position that the tenants are responsible for utility payments, but his client would be willing to place funds into the Court Registry to cover the utility payments during the course of the legal action if the tenants also would do so. Commissioner Bird asked Attorney Brown to elaborate on escrowing of funds. Attorney Brown explained that his client has agreed to put into the Court Registry the amount of the actual utility bills, if the tenants would be willing to do the same. This would provide security to whoever wins the lawsuit and would assure that the bills get paid. 17 N O V 24 M2 BOOK PAGE _1 BOOK 88 F-aGE I19 Attorney Vitunac commented that the only way for the County to remain neutral would be if both parties made payments to the Court Registry. That also would save significant penalties and interest. Commissioner Bird understood that Judge Kanarek ordered mediation, and the Board made its decision on October 20 based on the fact that the parties would be going through the mediation process. Attorney Brown related that -the Court withdrew its order to mediate because of the Board's decision on October 20. Attorney Vitunac confirmed that after the Court learned that Attorney Barkett, who represents the mobile home park residents, appeared before the Board of County Commissioners, the Court said there was nothing to mediate because, in effect, the BCC is acting as a mediation board. Commissioner Bird asked, and Attorney Brown responded that the current indebtedness is $75,000 -to $80,000 and is increasing at about $15,000 a month. Utility services Director Terry Pinto added that during the winter season the bills will be about $20,000 per month. Commissioner Adams asked whether an alternate water source is available to Heritage Village. Attorney Brown explained that Heritage Village Mobile Home Park originally had a private utility system which provided free water to the tenants, which cost the park owner about $8.00 per month per lot. When the mobile home park was connected to County utilities last year, the mobile home park owners reduced the tenants' rent by $8.00 per month and the individual tenants were expected to pay for water. However, the tenants want their rent reduced by the amount the County is charging for water. Attorney Vitunac stressed that staff has been asking both parties to make payments into the Court Registry all along. This will allow the current utility charges to be paid from those funds and the prevailing party would receive the balance of the funds. Attorney Larry Barkett, representing the Heritage Village Mobile Home Park residents, pointed out that the tenants have offered to pay this water bill if the park owner would reduce the rents accordingly because the park owner agreed in the rental contracts to pay the utility charges. Attorney Vitunac disagreed, and advised that the County's contract requires the property owner to pay only up -to the 30 -day rule. He felt Attorney Barkett is asking the County to decide the issue, but Judge Kanarek should decide the issue. Commissioner Bird asked, and Attorney Vitunac responded that the 30 -day rule is based on a County ordinance. The County's 18 contract with the mobile home park was only for impact fees and did not mean every tenant would get free water forever. Attorney_ Barkett argued that the ordinance also says that - nothing shall relieve the owner of responsibility for payment of utility charges. Chairman Eggert appreciated what Attorney Barkett was saying, but she also agreed that the tenants should put funds in escrow. Commissioner Bird asked, and Attorney Vitunac reported that prior to litigation, the park owner was paying the utility bills. In May 1992 that responsibility was passed along to the individual tenants. Commissioner Adams asked Attorney Barkett why his clients did not want to escrow the monthly payment. Attorney Barkett indicated that his clients do not have the money. The utility charges increase the tenants' monthly expenses by 40 percent, and they cannot afford that increase on a fixed income. Commissioner Adams thought both sides would have to give a little bit on this. Commissioner Bird pointed out that the County could not continue losing this amount of money to the detriment of the other customers and the bondholders. Attorney Barkett contended that the County should sue the park owner. Attorney Vitunac advised that the County could win a lawsuit only for utility costs for the first 30 days, because there is a clause in the ordinance that the County can turn off water to people who do not pay. Commissioner Macht led discussion regarding the County's legal standing, and Attorney Vitunac explained that the County is not a party in the lawsuit between the'park owner and the tenants. County Attorney Vitunac recommended that the Board allow the tenants 30 days to make the accounts current, and if they are not current in 30 days, discontinue service. He hoped that both parties would come forward and put money in escrow. Commissioner Bird asked whether the County has the option to hold the arrears in abeyance and have the parties escrow monthly payments from this point forward for utility charges. Commissioner Adams wanted the County to waive penalties and interest back to May and go on from here. Attorney Vitunac advised that the Board has the authority to compromise. Commissioner Macht was concerned that the Board would be setting a precedent. 19 V 2 1992 BOOK (D�Au J NOV 2 4 1997 BOOK 88 fmU 12!1 Attorney Vitunac confirmed that following this suggestion would be setting a precedent and that it would be better to adhere to our ordinance. Director Pinto recommended letting interest accrue on the past due amount of approximately $95,000 and escrow the payments for future bills. He added that if the Board decided to adhere to the County Ordinance and shut off the water, the attorneys would request an injunction and a bond would have to be posted. John Grayson, member of the Heritage Village Homeowners Board, contended that the tenants did not ask for County utilities, nor did the County mandate it, but that the mobile home park owner had, in fact, requested County utilities. Chairman Eggert pointed out that if that is true, the tenants will win in Court and get their money back. Mr. Grayson argued that the tenants do not have the money to pay the bills. Commissioner Macht asked how the park owner can say he does not want the water, and Director Pinto clarified that the park owner is saying he does not want to continue receiving water at his expense. Director Pinto felt that if the tenants really think they have a strong position, they can pay the water bill and deduct it from the rent they pay the landlord. Chairman Eggert closed the public discussion. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Tippin, to hold in abeyance the amount owed to this date to County Utilities for water service to Heritage Village Mobile Home Park residents; that penalties and interest on that amount would continue to accrue; that as of the next billing period the County would ask both parties to pay the amount of the utility bills, with one amount to be deposited in the Court Registry until the outcome of the lawsuit and with the other amount going to the County Utilities Department to pay the utility bill; and that any unpaid bills will be handled individually according to procedure and treated as any other utility customer who does not pay a utility bill. Under discussion, Commissioner Adams stressed that she did not think this would solve anything, and that we are just telling the tenants to put up or shut up. 20 Chairman Eggert clarified that by asking both sides to pay money into escrow the Board is not saying the residents cannot deduct it from their rent. The Board is saying that the money is -- needed to cover these ongoing bills to protect the other customers and the bondholders. Commissioner Adams pointed out that one side has offered to put money in escrow, but the other side has not agreed to do this. Chairman Eggert felt that this will protect the tenants in the event they lose the case in Court because they will not have to come up with a huge amount of money at that time. Commissioner Macht wanted to know what effect this motion would have on the lawsuit. Attorney Vitunac explained that the.only difference is that the County is not requiring payment of the estimated $95,000 now, but penalties and interest will accrue. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4-1, Commissioner Adams voting in opposition. PUBLIC HEARING PAVING AND DRAINAGE IMPROVEMENTS TO THE ROADS IN FLORAL PARR AND RANCH ESTATES SUBDIVISIONS 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: 21 4 1992 NOV 2 4 1992 VERO BEACH PRESS -JOURNAL N Published Daily�ChC C►�. 1-%992 C. Vero Beach, Indian River County, Flor iia. *4 c, COUNTY OF INDIAN RIVER: STATE OF FLORIDAtab Before the undersigned authority personally appeared J. J. Schum1an otp% says that he is Business Manager of the Vero Beach Press -Journal, a daily neW5paperTnaulished at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter ol7feASyju _(_i 9A_J In the t f Court, was pub- lished in said newspaper in the Issues of % /LSO.Ia l& /-Ur / , g l ` �a- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for aperiod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and (SEAL) day ow- �(y 7A.D. 19 �' (Business Manager) _�- //A/,�9Z4 worms aro of to BOOR 88 pn x.23_7 REAS, The Board Of County Comms On" m Riva Co mty has, by Reatutlon No. 92- stemInrod that it is neceaeery for the pubUc of the dbm of the oomty, and puftlariy those living, working, end M the arae described troreene, tlrot and e Improvements be made to; and REAS. the board of County COMMIssIm" used en aeeeeemant rou to It completed and h the Clark to the Board; and REAS, Section 11.49, Indian RIM County regdree that the Board Of County Commit - shot fix a time and plate at which the own - the properties to be seemed or arty Otho► i interested thersh may appear before the Of County Ccmmleelanere grid Ibneo hpeaarrUd�as to Improv te, �to the asi ttmreof, end manner of payment therefor, and as to the t there�o��ff rto��byyb�e seemed AgAM each IRP IVB HEREFORE BE IT RESOLVED BY THE I of COUNTY COMNU88IONERB OF IN- Bupdirio—at Uie hour of 9:05 A.M. on Tuesday Novem 24, 1982, at which time to Owrwe Of tiro properties to be assessed and any other Inter- ested persons maye�eer before Bald C *Rein and be heard i regard Ihersto. The area to be Im- ed am �rt� �desc bed u the Mess-- ment plat and the aeeeeament roll with regard to the special assessments. 2. AB persons Interested In the construc an of sold Improvemants and the special aeeesswa to against the props s to be specially benefited may review ttro aeesssment plat showing the area to be as- mood, a so a tar, onrO4, 00 e an es�timateeoof tlro est Vereof at the office of the Clark to the Board any week day from 8:30 A.M. Urd9 6:00 P.M. -3. Notice of 9re time and place of ride pucii hoe" shell be a�en by the Deparanerd of Public Works by two p . thane In the Vero Beady Prese,larmal Newspsper a week apart. The lest ptibil atin 61180 be atrteast aro weekk prior to Bae date Of the hear- II�� The Indian Riva County Department of PublIc VYcrks " give the a" of each property to be memall assessed at least ten days notice In wrlthr a� oft such aceto each of tam prop arty owners at his last known address. The r9goiutin was moved for adoption by Com yCComml Ww Birddannd, upon being puMOft was �eC vote, the vote was as follows: Chairman Carolyn K. Eggert Absen' Vie Chairman Margaret C. Bowman Ayr Commissioner Don f Scurlock, Jr. Ayr Commisskxvr Richard N. Btrd Ayr District 4 Commission Seat Vacant The Chairman thereupon declared the resdutia duly passed end adopted this lot day of Septan ber,.1892. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORID4 By -a CAROLYN K. EGMT Attest: C�Mman : e Jeffrey llK. Barton Cleric » 94831 County Engineer Roger Cain and Civil Engineer Michelle Gentile made the following presentation: 22 TO: James Chandler County Administrator THROUGH: James W. Davis, P. . Public Works Direct and Roger D. Cain, P.E County Engineer FROM: Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to the Roads in Floral Park and Ranch Estates Subdivisions DATE: November 3, 1992 On July 28, 1992 the Board of County Commissioners adopted Resolution No. 92-133 providing for certain paving and drainage improvements to the roads in Floral Park and Ranch Estates Subdivisions. On September 1, 1992, a public hearing was held to discuss the advisability, cost and amount of the assessment against each property owner. Due to the fact that there were only three commissioners on the Board that day, the Public Hearing was continued until November 24, 1992. All of the property owners in the benefited area have been notified by certified mail of the date and time of this hearing continuation. It has previously been agreed between the County and Neighborhood Variety Stores, Inc. that Neighborhood Variety Stores, Inc. would grant the necessary right-of-way for 56th Avenue, but would not be included in the assessment. The County has sent the deed to Neighborhood Variety Stores, Inc., and is awaiting its execution. The original agenda item is attached for reference for the new commissioners. a pay back cost analysis is tabulated below to show what the overall costs would be for a 2 year, 5 year and 10 year pay back plan, using as a basis the average lot size of 11,443 square foot. These costs are just for comparison and discussion purposes for today's meeting only, and do not reflect the actual cost for any particular lot in the Floral Park and Ranch Estates Subdivisions. The actual cost will be computed by the Tax Assessor's office when the "As -Built" Resolution is approved. Assuming an average lot size of 11,443.21 square foot at a cost of $0.1558 per square foot is $1,782.85. Assuming a 9 3/49o' interest rate, the approximate payments are as follows: Yearly Payment $1,023.82 Yearly Payment $ 467.31 Yearly Payment $ 287.04 2 Year Payback Period 5 Year Payback Period 10 Year Payback Period 23 Total Interest Paid $264.78 Total Interest Paid $553.71 Total InterestPai $1,087.50 L NOV � 41992 BOOK. ' NOAH 2 4 1952 BOOK 88 PAGE 125 A new petition for a public improvement assessment for road paving and drainage improvements for the roads in Floral Park Subdivision and Ranch Estates Subdivision was received in June 1992, and supersedes the original petition. There are presently 21 homes in Floral Park and Ranch Estates Subdivisions. Owners of 15 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. Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the November 24, 1992 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Robert Nall, came before the Board and reported that he met with the majority of the property owners on November 21, 1992. He thought the property owners were aware of the 5 -year payment option but he did not know if they were aware of a 10 -year payment option. It appears that the lower interest rate would save them about $100 interest. Even with the favorable interest rate, the financial impact is going to be hard on some of the people in the area, several of whom are laid off or on disability. Leonard A. Wilson, 4205 57th Court, 20 -year resident of Ranch Estates Subdivision, spoke in favor of the paving and pointed out that the owners who do not live in Floral Park already have paved streets and this is extra property to them. Godfrey Gipson, 4136 57th Court, 19 -year resident of Ranch Estates Subdivision, opposed the paving project. He felt that some of the residents cannot afford to pave the streets, and that water and sewer will be coming in soon which also will cost a great deal of money. Commissioner Eggert asked about the status of the water, and Director Davis responded that water is planned for 1993-94. The hearings will start next fall. County Engineer Roger Cain mentioned that when the water goes in later, it can be done without damaging the pavement, and he noted that Public Works will coordinate the paving project with the Utilities Department. Andrew Jefferson, 4236 57th Avenue, Floral Park, stated that he is in favor of the paving project and thought that it will upgrade his neighborhood. 24 M M M M - M Joyce Broxton, 4205 57th Court, opposed the assessment because she and her husband have fallen on hard times and cannot afford it. Willie C. Reagan, 5685 41st Street, stated that he had spearheaded the petition effort and he felt that the paving was needed badly. Dupree Dawkins, 5636 42nd Street, stated that he is on disability and has two children. His medicine is expensive, and he cannot afford the paving assessment. Ruth Jefferson, 4236 57th Avenue, was in favor of the project and thought that now is a good time to do this because interest rates are low. Don Reagan, 5685 41st Street, pointed out that many of the property owners who oppose the paving project do not live there. The people who live there want the streets paved. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Bird believed that if this is approved and the assessment made, the County can come up with a payment plan. He asked what the procedure would be if an assessment were not paid. Director Davis explained that the permitting process takes from 3 to 6 months before proceeding to construction. When the project is completed, the final assessment roll will be developed. In most cases the final assessment is less than the preliminary estimate. The final assessment cannot be higher than the preliminary assessment. When the bill is sent out, the Tax Collector allows a 90 -day grace period whereby no interest applies. If the assessment is not paid in 2 years, a lien is placed on the property. Commissioner Macht suggested that in situations involving elderly people or other hardship cases, the County should just leave the lien until the property is sold through the estate. Discussion ensued regarding 5- or 10 -year payback options. Director Davis explained that the assessments are used to replenish the fund so that more projects can be completed. If the County extends the payment plan to 10 years, the money will not be available for other projects during that time period. Commissioner Adams inquired whether the County allows people to make monthly payments rather than annual payments, and Director Davis responded that the Tax Collector has been flexible and accepts payments when they are brought in, and that some people do make monthly payments. 25 NOV 2 4 1992 BOOK F:., 6 -7 �� L BOOK 88 Fv1 E !2 1 MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Adams, to adopt Resolution 92-215, confirming the assessment roll for certain paving and drainage improvements to the roads in Floral Park and Ranch Estates Subdivisions, providing for 1-, 2-, and 5 -year payment plans and establishing a 10 -year payment plan for applicants who establish hardship. Under discussion, Attorney Vitunac advised that an individual can establish hardship simply by filling out an application form stating that they have a hardship. Commissioner Adams noted that 5 homeowners were against the paving for financial reasons, 15 were in favor of the project, with the remainder being absentee property owners. Further discussion ensued regarding the need to go forward with improvements in this area because of drainage problems and the length of time that is involved to complete these projects. THE CHAIRMAN CALLED FOR THE QUESTION. It was•voted on and carried unanimously. _ RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVFP !;r rI. y Confirming (Third Reso.) 8/10/92(ENG)RES3.MAG\gfk RESOLUTION NO. 92- 215 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO THE ROADS IN FLORAL PARK AND RANCH ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 92-133, providing for certain paving and drainage improvements to the roads in Floral Park and Ranch Estates Subdivision; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and M -.J Cn Ln CD Ln a� N C11) i. LO m. 0 WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 92-134, on July 28, 1992, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public a hearing was published in the Press Journal Newspaper on August 18, 1992, and August 25, 1992, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and _ WHEREAS, the Board of County Commissioners of Indian River County on Tuesday. September 1, 1992 9:05 A.M. conducted the �• O public hearing with regard to the special assessments, and %.D Uq continued the Public Hearing to November 24. 1992; U1 -v WHEREAS, the Board of County Commissioners of Indian River tV -- County passed Resolution No. Z-176, on September 1, 1992, i Co which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on November 10, 1992, and November 17, 1992, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and 27 � NOV Z 4 1992 BooK ���i c.���� r BOOK. 88 PA"E 129 -7 WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, November 24 1992 9:05 A.M.conducted the public hearing with regard to the special assessments, 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. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties assessed and C3: the amounts of the special assessments, on the public Q0 CJI records, which shall constitute prima facie evidence of Ln c� the validity of the special assessments. N v �.I �D The resolution was moved for adoption by Commissioner .Macht , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 24 day of November , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTYZ':RI� DA By jdA� e- CAROLY)f K. EGG Chai an 4:3 ADVERTISING WEEKLY BOARD OF COUNTY COMMISSIONERS AGENDA AND TELEVISING THE MEETING County Administrator Jim Chandler made the following - presentation: TO: Board of County Commissioners DATE: November 18, 1992 FILE: Advertising Weekly BCC SUBJECT: Agenda 8 Televising the Meeting .James E. Chandler FRO 'County Administrator REFERENCES: Attached is an outline of the requirements and preliminary. cost estimates for publishing the agenda and televising the Commission meetings. Another alternative for televising is the potential for an agreement with the School Board. The Board has plans to televise their meetings, utilizing their own equipment and students. In discussions with Superintendent Gary Norris, he expressed a willingness to provide the service for the County. The equipment is currently on order and once received there will be a student training period. He advised that televising of the School Board meetings should begin in approximately two (2) months. If the Commission concurs, I will continue to explore this alternative with Gary Norris and will bring back a specific proposal for consideration. Placing the Weekly Agenda in the Press Journal The Press Journal representative suggested a space of 4.25 inches wide by 11.75 inches long for a total of 23.50 inches after he reviewed a sample of recent agendas. The cost of publication Is $10.92 per inch which equates to about $257 per week or $12,336 per year. However, some agendas will be shorter and some will be longer resulting in different weekly costs but averaging out to the size and cost indicated above. If the agenda is placed in the Saturday or Sunday paper, the deadline for getting the agenda to the newspaper office is Thursday at noon. If the agenda is placed in the Monday paper, the deadline is Friday at noon. No additional agenda format is needed. The Press Journal representative said to just mark out the agenda parts not needed in the advertising to save space such as the commissioners' names and page numbers. In addition, if the county wants to place the agenda in the "free press", which has a circulation of 13,000 on Thursdays and Sundays only, for those citizens who do not subscribe to the Press Journal, the additional cost would be $3.00 more per inch or a total of $13.92 per inch which equates to $327 per week or $15,696 per year. W NOV 2 41992 BOOK BOOK 88 F.,A"E Televising the Weekly Commission Meeting Representatives from Treasure Coast Television (the company that televises the City of Vero Beach council meetings) and Coastal Video Productions have indicated that their companies would be extremely interested in televising the weekly commission meetings and any other county sponsored meetings here in the County Administration building or in any other county facility. After speaking with the representatives and showing them the Commission Chambers, a listing of each party's responsibilities was made: County: 1) Run an audio line from the county's sound system through the ceiling to the rear of the chambers. 2) Provide a three -prong electrical receptacle in the rear of the chambers. 3) Provide extra track lighting .on the ceiling aimed toward the dies. 4) Since cable television is already jpside the County Administration building, run a cable line to the ream of the chambers. 5) Remove the row of ten seats fro)n the rear of the chambers to accommodate the control console, two cameras, three workers, and assorted wiring. All of the five Items indicated above are one-time costs and can be accomplished in-house by Buildings and Grounds staff for about $500. Video Production Company: 1) Set up their equipment and conduct testing either on late Monday afternoons or early Tuesday mornings preceding the 9:00 a.m. Commission meeting and break down their equipment immediately after the meeting. 2) . Provide two cameras, two cameramen, one console, and one director. 3) Provide two video tape copies of each meeting with one copy going to Falcon Cable and the other copy going to TCI Cable for rebroadcast. The copy going to TCI Cable will eventually be returned to the County for archival purposes. It would be the county's responsibility to deliver the tapes to both cable companies. All of the three items indicated above would cost around $300 per hour subject to competitive quotes from the two video production companies that I found to be interested in this type of production. Assuming a two hour commission meeting and two rebroadcasts every week, the weekly production costs would be $600 plus $200 for rebroadcasting ($50 per rebroadcast x two franchise areas) for a total of $800 per week or $38,400 per year. This figure will of course increase if commission workshops or budget hearings are televised. The Cities of Vero Beach and Sebastian and the county would have to work out a schedule for rebroadcasting all of the government meetings in the two franchise areas. Currently, the City of Vero Beach rebroadcasts their council meetings on the first and third Wednesdays of each month at noon for 24 hours. The City of Sebastian rebroadcasts (audio only) their council meetings on the first, second, and fourth Fridays of each month at 9:00 a.m. If the county wants to put the entire agenda the meeting, an additional $25 per meeting or competitive quotes would be imposed because video production companies suggested just channel stating the time of the meeting and picked up. 30 on the cable access channel before $1,200 per year charge subject to it is very labor intensive. Both a brief narrative be put on the where an agenda may be seen or M - M Administrator Chandler pointed out that the figures mentioned are average and would vary depending on the length of any meeting. Chairman Eggert was concerned about the cost. Her discussions -. with members of the community indicated there is not a great deal of interest in viewing these meetings on television. Commissioner Adams doubted that the cost could be justified and suggested staff should research the possibility of audio broadcasts as an alternative. Commissioner Bird was more inclined to favor printing the agenda in the newspaper and foregoing television coverage until staff could discuss it with the high school. Commissioner Macht thought that the cost should be secondary to the Board's obligation to conduct business in the sunshine and to use whatever means are available to inform those who wish to be informed. He reported that he received a significant amount of feedback from citizens in favor of televising Board meetings. He added that the cost projections provided by staff were based on live broadcasts and that a great deal of money could be saved by simply videotaping the proceedings and showing the videotape on the government access channel, which does not charge for these broadcasts. - Chairman Eggert agreed that staff should research the possibility of working with the high school. Commissioner Tippin felt that there is a lack of interest in televised Board meetings, and that we have gotten along fine without televising the meetings. He agreed that recording the meetings on a camcorder for posterity would be very useful and also recommended that this be further -discussed with the School Board. Commissioner Macht explained that he was only referring to public hearings, rather than televising all the Board meetings in their entirety. Commissioner Adams suggested videotapes be made and copied for interested parties. Further discussion ensued, and Chairman Eggert requested staff to look into the possibility of audio broadcasts. Commissioner Macht was in favor of the agenda being advertised in the Sebastian Sun as well as the Press Journal newspapers. Bill Koolage, 11 Vista Gardens Drive, was in favor of televising the meetings. He pointed out that he had difficulty hearing the proceedings in person, and he thought that broadcasting the meetings on television in the evening would bring the meetings to people and educate them as to what goes on at the Board meetings. He encouraged County staff to work with the high school to do this at a reasonable cost. 31 BOOK �� r'•���r �a�? � NOV a �4 X992 BOOK rnE ,� � NOV 2 4 1992' There was discussion about alternatives to publishing the meeting agendas, such as mailing copies to interested parties upon request. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird, to publish the agendas of the Meeting of the Board of County Commissioners in the Press Journal and the Sebastian Sun. Under discussion, Dean Lockwood conveyed that he believed that publishing the agenda is not enough, and that televising the meetings would be money well spent. Jim Granse, 36 Pine Arbor Lane, believed that local issues should be explained at televised meetings prior to elections, because many persons are illiterate and do not understand the issues as presented. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. LETTER SUPPORTING THE SEBASTIAN CREEK AND ARCHIE CARR CARL PROJECTS TO DEPARTMENT OF NATURAL RESOURCES - LAND ACQUISITION PLANNING Chairman Eggert announced that she had received a request to send a letter to Greg Brock, Environmental Administrator, Florida Department of Natural Resources, Land Acquisition Planning Division, in support of the CARL projects for Sebastian Creek and the Archie Carr Sea Turtle Refuge, and reporting to them that the $26 million county environmental lands acquisition bond referendum had passed. Commissioner Bird asked, and Director Keating confirmed, that both properties are located within Indian River County. Director Keating added that both are high on the CARL list and that the purpose of the letter is to re-emphasize to the CARL committee the Board's support of.the two projects. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously authorized the Chairman to send a letter to the Florida Department of Natural Resources supporting the Sebastian Creek and the Archie Carr Sea Turtle Refuge CARL projects, and informing that department that Indian River County passed a $26 million environmental lands acquisition bond referendum. 32 BOND RESOLUTION AND AWARD RESOLUTION TO REFINANCE TWO BOND ISSUES The Board reviewed memo from OMB Director Joe Baird dated November 18,1992: TO: Members of the Board of County Commissioners DATE: November 18, 1992 SUBJECT: BOND RESOLUTION AND AWARD RESOLUTION TO REFINANCE THE $9,855,000 AND $3,655,000 BOND ISSUE FROM: Joseph A. Baird OMB Director % The desired present savings value of $400,000 was reached and the bonds were sold on Tuesday, November 17, 1992 to refinance the $9,855,000 and $3,655,000 bond issues. All documents (i.e. bond resolution and award resolution) are still being finalized and will not be available by the agenda deadline but will need to be approved by the -Board of County Commissioners on November 24, 1992. Director Baird reported that gross savings from refinancing at the present lower interest rates will be $599,895.00; the present value is $419,661.00. Arthur H. Diamond of Fishkind & Associates, the County's financial adviser, presented a history of the bonds and their respective interest rates. Edwin Bulleit, William R. Hough & Company, provided the Board with materials that summarized the refinancing, a copy of which is on file in the office of Clerk to the Board. He expressed pride in the fact that they were able to hit the market at just the right time, resulting in optimal savings to the County. 33 V 4 1992 BOOK F-;, c P L BOOK 88 PAGE 135 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 92-216, Supplementing Resolution No. 85- 75 of Indian River County, Florida as amended and supplemented; amending Resolution 85-126 of the County; authorizing the retirement of a portion of the outstanding refunding and improvement revenue bonds, series 1985, of the -County and the retirement of all of the outstanding capital improvement revenue bonds, series 1987, of the County; authorizing the issuance of not exceeding $7,530,000 refunding revenue bonds, series 1992, of the County, as the third installment. of the bonds originally authorized under said resolution to provide funds for said retirements; making certain covenants and agreements in connection therewith; and providing an effective date. RESOLUTION NO. 92- 2� A RESOLUTION SUPPLEMENTING RESOLUTION NO. 85-75 OF INDIAN RIVER COUNTY, FLORIDA, AS AMENDED AND SUPPLEMENTED; AMENDING RESOLUTION. NO. 85-126 OF THE COUNTY; AUTHORIZING THE RETIREMENT OF A PORTION OF THE OUTSTANDING REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1985, OF THE COUNTY AND THE RETIREMENT OF ALL OF THE OUTSTANDING CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1987, OF THE COUNTY; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,530,000 REFUNDING REVENUE BONDS, SERIES 1992, OF THE COUNTY, AS THE THIRD INSTALLMENT OF THE BONDS ORIGINALLY AUTHORIZED UNDER SAID RESOLUTION, TO PROVIDE FUNDS FOR SAID RETIREMENTS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution, which supplements the Master Bond Resolution hereinafter defined and amends Resolution No. 85-126 of the County, is adopted pursuant to Chapters 125 and 279, Florida Statutes (1991), as amended, County Home Rule Ordinance No. 77-19, as amended, the Master Bond Resolution and other applicable provisions of law. SECTION 2. DEFINITIONS. All terms used herein shall have the meanings ascribed to them in the Master Bond Resolution, except as otherwise expressly provided herein. When used in this Resolution the following terms shall have the following meanings, unless the context clearly requires otherwise: A. "Act" shall mean Chapters 125 and 279, Florida Statutes (1991), as amended, County Home Rule Ordinance No. 77-19, as amended, the Master Bond Resolution and other applicable provisions of law. B. "Board" shall mean the Board of County Commissioners of the County. 34 r C. "Code" shall mean the Internal Revenue Code of 1986, as amended, and any similar subsequent federal revenue laws. Any reference to a particular section, subsection, etc., of the Code shall also refer to the similar section, subsection, etc., of any similar subsequent federal revenue law. D. "Master Bond Resolution" shall mean Resolution No. 85-75 of the County, as amended and supplemented, from time to time, including, to the extent provided herein, this Resolution. E. "Pledged Funds" shall mean the Sales Tax, the money in certain funds and accounts pledged for the payment of the principal of, interest and premium, if any, on the Bonds and the Investment Income. F. "Resolution" shall mean this resolution, as amended and supplemented from time to time. G. "Series 1985 Bonds" shall mean the Indian River County, Florida Refunding and Improvement Revenue Bonds, Series_1985, dated as of November 1, 1985, in the original aggregate principal amount of $9,855,000, issued as the first installment of the Bonds originally authorized under the Master Bond Resolution. H. "Series 1987 Bonds" shall mean the Indian River County, Florida Capital Improvement Revenue Bonds, Series 1987, dated as of July 1, 1987, in the original aggregate principal amount of $3,655,000, issued as the second installment of the Bonds originally authorized under the Master Bond"Resolution. I. "Series 1992 Bonds" shall mean the Refunding Revenue Bonds, Series 1992, herein authorized to be issued as the third installment of the Bonds originally authorized to be issued under the Master Bond Resolution. Words importing singular number shall include the plural number and vice versa and words importing persons shall include firms, corporations and other entities and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. It is necessary, desirable and in the best interest of the County to retire a portion of the outstanding Series 1985 Bonds and to retire all of the outstanding Series 1987 Bonds. B. It is necessary, desirable and in the best interest of the County to finance the amount necessary for said retirements by the issuance of the Series 1992 Bonds as the third installment of the Bonds originally authorized under the Master Bond Resolution. C. The Bonds, including the Series 1992 Bonds, shall be payable solely from the Pledged Funds. D. It is expected that the Pledged Funds will be sufficient to pay the principal of, premium, if any, and interest on the Bonds, including the Series 1992 Bonds. SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Series 1992 Bonds by the Registered Owners thereof who shall hold the same from time to time, the Master Bond Resolution, including this Resolution, shall be deemed to be and shall constitute a contract between the County and Registered Owners of the Series 1992 Bonds. The covenants and agreements set forth herein and in the Master Bond Resolution to be performed by the County shall be for the equal benefit, protection and security of the Registered Owners of the Bonds, including the Series 1992 Bonds, all of which Bonds shall be of equal rank and without preference, priority or distinction with respect to any other Bonds, except as expressly provided in the Master Bond Resolution, in this Resolution and in the Bonds. 0.1 NOV 41992 BOOK Ppl'j , NOV 2 4 1992 BOOK O8 F,1GF.13 77 SECTION 5. AUTHORIZATION TO RETIRE A PORTION OF THE OUTSTANDING SERIES 1985 BONDS AND TO RETIRE ALL OF THE OUTSTANDING SERIES 1987 BONDS. The retirement of the following outstanding Series 1985 Bonds at maturity or on September 1, 1995, the earliest optional redemption date, as indicated, is hereby authorized: Maturity Date Retirement Date September 1 Princlip—al Amount September 1 1993 $ 170,000 Maturity 1994 180,000 Maturity 1995 195,000 Maturity 1996 215,000 1995 1997 230,000 1995 2000 825,000 1995 2002 685,000 1995 2005 1,275,000 1995 The Series 1985 Bonds to be retired at maturity shall be retired at par plus accrued interest to the maturity date. The Series 1985 Bonds to be retired prior to maturity by optional redemption on September 1, 1995 shall be retired at the price of 102$ of par, plus accrued interest to the redemption date. The retirement of all of the outstanding Series 1987 Bonds is hereby authorized. The Series 1987 Bonds maturing before September 1, 1998 shall be retired at maturity at the price of par, plus accrued interest to the maturity date. The Series 1987 Bonds maturing on or after September 1, 1998 shall be retired on September 1, 1997, the earliest optional redemption date, at the price of 102% of par, plus accrued interest to the redemption date. The County shall provide for said retirements by: (a) transferring to the Escrow Agent, to be named by subsequent resolution of the Board, from the Sinking Fund the amount therein allocable to the Series 1985 Bonds and the Series 1987 Bonds to be -retired; (b) transferring to the Escrow Agent from the Reserve Account an amount, if any, to be specified by subsequent resolution of the Board; (c) depositing with the Escrow Agent an amount from the proceeds of the sale of the 1992 Bonds to be specified by subsequent resolution of the Board; and (d) depositing with the Escrow Agent an amount, if any, from other funds of the County to be specified by subsequent resolution of the Board, which amounts, in the aggregate, together with the interest to be earned thereon, when invested as provided in the Escrow Agreement hereinafter mentioned, shall be sufficient to provide for timely payment for said retirements. The County shall enter into an Escrow Agreement with the Escrow Agent substantially in the form to be approved by subsequent resolution of the Board providing for said retirements. The amount transferred to the Escrow Agent from the Sinking Fund and the Reserve Account shall be used only for the purpose of paying the interest on and principal of the Series 1985 Bonds and the Series 1987 Bonds to be retired which first becomes payable. SECTION 6. AMENDMENTS TO RESOLUTION NO. 85-126. The following amendments are made to Resolution No. 85-126 of the County: A. The schedule of years and amounts in SECTION 1.(c) is replaced by the following: YEAR AMOUNT 1998 $280,000 1999 300,000 2000 330,000 B. The schedule of years and amounts in SECTION 1.(d)'is replaced by the following: YEAR AMOUNT 2001 $360,000 2002 395,000 W C. The schedule of years and amounts in SECTION 1.(e) is replaced by the following: AMOUNT 2003 $430,000 2004 465,000 2005 510,000 SECTION 7. AUTHORIZATION AND DESCRIPTION OF SERIES 1992 BONDS. Subject and pursuant to the provisions of the Master Bond Resolution and this Resolution, obligations of the County to be known as "Refunding Revenue Bonds, Series 1992," are hereby authorized to be issued in the aggregate principal amount of not exceeding $7,530,000. The Series 1992 Bonds shall be the third installment of the Bonds originally authorized under the Master Bond Resolution. The Series 1992 Bonds shall be dated as of a date to be fixed by subsequent resolution of the County and may be numbered consecutively from one upward or in such other manner as agreed upon between the County and the Bond Registrar. The Series 1992 Bonds shall be issued in such denominations, shall bear interest at such rate or rates, not exceeding the maximum rate authorized by applicable law, be payable at such times, shall mature on such dates and in such years and in such amounts, shall be subject to redemption, in whole or in part, prior to their respective stated dates of maturity, at the option of the County or otherwise, at such times and in such manner and shall have such other terms and conditions all as may be determined by subsequent resolution of the Board adopted at or prior to the sale of the Series 1992 Bonds. The Series 1992 Bonds shall be substantially in the form set forth in the Master Bond Resolution, with such omissions, insertions and variations as may be necessary and/or desirable and authorized or permitted by the Master Bond Resolution, this Resolution or any subsequent resolution adopted prior to the issuance thereof, or as may be necessary to comply with applicable laws, rules and regulations of the United States and the State of Florida in effect upon the issuance thereof. - The Series 1992 Bonds shall be issued in fully registered form without coupons; shall be payable with respect to principal at a corporate trust office of the Paying Agent; shall be payable in lawful money of the United States of America; and shall bear interest from their date, payable by checks mailed to the Registered Owners at their addresses as they appear on the registration books kept by the Bond Registrar on behalf of the County. At the option of any Registered Owner of $1,000,000 or more in principal amount of the Series 1992 Bonds, interest shall be payable by wire transfer pursuant to written instructions from such Registered Owner. The provisions set forth in Exhibit "A" hereto shall apply with respect to the Series 1992 Bonds and the policy insuring the payment of the principal and interest on the Series 1992 Bonds. Copies of any amendments to any resolutions, documents or instruments in connection with the Series 1992 Bonds consented to by the insurer of the Series 1992 Bonds shall be sent to Standard 6 Poor's Corporation. SECTION 8. 1992 FUNDS AND ACCOUNT. There is hereby created and established the "Refunding Revenue Bonds, Series 1992, Sinking Fund" (herein the "1992 Sinking Fund") within the Sinking Fund, the "Refunding Revenue Bonds, Series 1992, Bond Amortization Fund" (herein the "1992 Bond Amortization Fund") within the Bond Amortization Fund and the "Refunding Revenue Bonds, Series 1992, Reserve Account" (herein the "1992 Reserve Account") within the Reserve Account. The 1992 Sinking Fund, the 1992 Bond Amortization Fund and the 1992 Reserve Account shall not in any manner whatsoever affect the parity of the Bonds. Revenues and other amounts deposited in the Sinking Fund allocable to the Series 1992 Bonds shall be held in the 1992 Sinking Fund. Revenues deposited in the Bond Amortization Fund allocable to the Series 1992 Bonds shall be held in the 1992 Bond Amortization Fund. Revenues and other amounts deposited in the Reserve Account allocable to the Series 1992 Bonds, if any, shall be held in the 1992 Reserve Account. 37 NOV Z 4 1992 BOOK F'4 c t BOOK 88 F- F. j,39� SECTION 9. SERIES 1992 BONDS NOT GENERAL OBLIGATIONS. The Series 1992 Bonds shall not be or constitute general or moral obligations or a pledge of the faith, credit or taxing power of the County, the State of Florida or any political subdivision thereof or an indebtedness of any of them as "bonds" within the meaning of the Constitution of the State of Florida, but shall be special obligations of the County payable solely from and secured solely by a lien upon and a pledge of the Pledged Funds. No Registered Owner shall ever have the right to compel the exercise of the ad valorem taxing power of the County, the State of Florida or any political subdivision thereof, or taxation in any form of any real property therein, to pay the Series 1992 Bonds or the interest thereon, or be entitled to payment of such principal and interest from any funds of the County other than the Pledged Funds. SECTION 10. COVENANTS IN MASTER BOND RESOLUTION. All of the covenants made by the County in the Master Bond Resolution are hereby made, ratified and confirmed and shall apply with respect to the Series 1992 Bonds as if fully set forth herein. SECTION 11. ARBITRAGE. The County covenants to and with purchasers of the issue which is comprised of the Series 1992 Bonds that it will make no use of the proceeds of such issue which will cause the Series 1992 Bonds to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) and Section 148 of the Code or any applicable regulations implementing said Sections, and the County further covenants to comply with all other requirements of the Code if and to the extent applicable to maintain continuously the Federal income tax exemption of interest on the Series 1992 Bonds. SECTION 12. APPLICATION OF SERIES 1992 BOND PROCEEDS. All moneys received from the sale of the Series 1992 Bonds shall be deposited and applied by the County as follows: A. All accrued interest shall be deposited into the 1992 Sinking Fund and applied exclusively for the payment of interest first becoming due on the Series 1992 Bonds. B. A sum, if any, specified by subsequent resolution of the Board shall be deposited into the 1992 Reserve Account in the Sinking Fund. C. An amount to be specified by subsequent resolution of the Board shall be applied in connection with the retirement of the Series 1985 Bonds and the Series 1987 Bonds to be retired. D. The amount necessary to pay all costs and expenses associated with financial reports, studies and projections, legal fees, accountant's fees, fees of financial advisors, printing expenses, premiums and expenses related to insuring or rating the Series 1992 Bonds and all other similar costs and expenses incurred in connection with the issuance of the Series 1992 Bonds and the retirement of the Series 1985 Bonds and the Series 1987 Bonds to be retired shall be paid or provided for. E. The balance remaining, if any, after making all the deposits and payments provided for above shall be deposited into the Sinking Fund and used only for the purpose of paying the principal of and interest on the Series 1992 Bonds which first becomes payable. SECTION 13. REBATE. Anything to the contrary contained herein notwithstanding, the County shall at least annually transfer appropriate amounts from the funds and accounts under the Master Bond Resolution and hereunder to which income on investments attributable to the Series 1992 Bonds has been deposited into an account to be known as the "Refunding Revenue Bonds, Series 1992, Rebate Account" (herein the "1992 Rebate Account") sufficient to pay to the United States of America all amounts due with respect to the Series 1992 Bonds under the provisions of Section 148 (f) of the Code. The earnings on the 1992 Rebate Account shall be added to and become a part of the 1992 Rebate Account. Moneys in the 1992 Rebate Account shall only be used to pay the amounts due to the United States of America under said Section of the Code with respect to the 38 Series 1992 Bonds as the same shall become due and payable. It is the intent of this paragraph to provide for payment of all amounts due under said Section of the Code with respect to the Series 1992 Bonds, in such installments and at such times as may be required by said Section of the Code. In the event of any amendment to the Code or the promulgation of regulations under the Code which provide or require otherwise than as provided or required in this paragraph, this paragraph shall be deemed to be amended to incorporate such amendments or regulations, to the extent applicable, and any provisions hereof which conflict with the provisions thereof shall be deemed to be null and void. SECTION 14. SALE OF THE SERIES 1992 BONDS. The Series 1992 Bonds may be sold at public or private sale pursuant to the Act, all at one time or from time to time, as shall be provided by subsequent resolution of the Board. SECTION 15. MODIFICATION OF RESOLUTION. No adverse material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made except as permitted under Section 18 of the Master Bond Resolution. SECTION 16. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any expres-s provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements and provisions hereof, and shall in no way affect the validity thereof or of the Bonds. SECTION 17. REPEALER. Any resolution or part thereof, except the Master Bond Resolution or part thereof, in conflict with this Resolution or part hereof is, to the extent of such conflict, hereby repealed. In the event of a conflict between the Master Bond Resolution or part thereof and this Resolution or part hereof, the Master Bond Resolution or part thereof shall, to the extent of such conflict, prevail, except as may be specifically provided herein. SECTION 18. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner Bird who moved for its aloption. The motion was seconded by Commissioner -Adams and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the Resolution duly passed and adopted this -2L day of NnvPmhPr , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: /. 4�ezc'e Carolyn . Eggert, rman W NOV 20'4 1992 86 F A,uE 14'U-� N0y 2 4 1992 BOOK 88 F -AGE 141-1 EXHIBIT A Payments under the Policy A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Obligations, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Obligations due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. B. If the deficiency is made up in whole or in part prior to or on the payment date, the Paying Agent shall so notify the Insurer or its designee. r. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Obligation to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify the Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. D. The Paying Agent is hereby irrevocably designated, appointed, directed and- authorized to act as attorney-in-fact for Holders of the Obligations as follows: I. If and to the extent there is a deficiency in amounts required to pay interest on the Obligations, the Paying Agent shall (a) execute and deliver to Citibank, N.A., or its successors under the Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Insurer of the claims for interest to which such deficiency relates and which are paid by the Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders; and 2. If and to the extent of a deficiency in amounts required to pay principal of the Obligations, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the Obligation surrendered to the Insurance Paying agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if_ payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Holders. M E. Payments with respect to claims for interest on and principal of Obligations disbursed by the Paying Agent from proceeds of the Policy shall not be considered to discharge the obligation of the Issuer with respect to such Obligations, and the Insurer shall become the owner of such unpaid Obligation and claims for,the interest in accordance with the tenor of the assignment made to it under the provisions of,,this subsection or otherwise. F. Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent hereby agree for the benefit of the Insurer that, 1. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Obligations, the Insurer .will be subrogated to the rights of such Holders to receive the amount °of such principal and interest from the Issuer, with interest thereon as provided and solely from the sources stated in this Indenture and the Obligations; and 2. They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Indenture and the Obligation, but only from the sources and in the manner provided herein for the payment of principal of and interest on the Obligations to Holders, and will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest. G. In connection with the issuance of additional Obligations, the Issuer shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such additional Obligations. H. Copies of any amendments made to the documents executed in connection with the issuance of the Obligations which are consented to by the Insurer shall be sent to Standard & Poor's Corporation. I. The Insurer shall receive notice of the resignation or removal of U the Paying Agent and the appointment of a successor thereto. k` J. The Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the Issuer's audited financial statements and Annual Budget. Notices: Any notice that is required to be given to a holder of the Obligation or to the Paying Agent pursuant to the Indenture shall also be provided to the Insurer. All notices required to be given to the Insurer under the Indenture shall be in writing and shall be sent by registered or certified mail addressed to Municipal Bond Investors Assurance Corporation, 113 King Street, Armonk, New York 10504 Attention: Surveillance. 41 NV 2 4 1992 50o,_� BOOK 88 F-nE A 7 ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 92-217, specifying certain terms and provisions for the $7,530,000 aggregate principal amount of refunding revenue bonds, series 1992, of Indian River County, Florida; designating each of the bonds as a "qualified tax-exempt obligation"; approving, accepting and authorizing the execution and delivery of a bond purchase agreement for the award and sale of the bonds, at private sale by negotiation, to the purchaser thereof; authorizing the purchase of municipal bond insurance with respect to the bonds; appointing a paying agent and bond registrar for the bonds; ratifying the distribution of a preliminary official statement; authorizing the execution and distribution of an official statement in connection with the marketing of the bonds; providing for the termination of the series 1987 bonds reserve subaccount created under Resolution No. 87-59; providing for the retirement of a portion of the outstanding refunding and improvement revenue bonds, series 1985, of the County and the retirement of all of the outstanding capital improvement revenue bonds, series 1987, of the County; approving the form of an escrow agreement in connection with said retirements; appointing an escrow agent; providing for certain other matters relating to the bonds and said retirements; authorizing all other necessary, desirable and/or appropriate actions in connection with the sale, issuance and delivery of the bonds and said retirements and specifying the effective date hereof. 42 RESOLUTION NO. 92 - 217 A RESOLUTION SPECIFYING CERTAIN TERMS AND PROVISIONS FOR THE $7,530,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING REVENUE BONDS, SERIES 1992, OF INDIAN RIVER COUNTY, FLORIDA; DESIGNATING EACH OF THE BONDS AS A "QUALIFIED TAX-EXEMPT OBLIGATION"; APPROVING, ACCEPTING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT FOR THE AWARD AND SALE OF THE BONDS, AT PRIVATE SALE BY NEGOTIATION, TO THE PURCHASER THEREOF; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE WITH RESPECT TO THE BONDS; APPOINTING A PAYING AGENT AND BOND REGISTRAR FOR THE BONDS; RATIFYING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE MARKETING OF THE BONDS; PROVIDING FOR THE TERMINATION OF THE SERIES 1987 BONDS RESERVE SUBACCOUNT CREATED UNDER RESOLUTION NO. 87-59; PROVIDING FOR THE RETIREMENT OF A PORTION OF THE OUTSTANDING REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1985, OF THE COUNTY AND THE RETIREMENT OF ALL OF THE OUTSTANDING CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1987, OF THE COUNTY; APPROVING THE FORM OF AN ESCROW AGREEMENT IN CONNECTION WITH SAID RETIREMENTS; APPOINTING AN ESCROW AGENT; PROVIDING FOR CERTAIN OTHER MATTERS RELATING TO THE BONDS AND SAID RETIREMENTS; AUTHORIZING ALL OTHER NECESSARY, DESIRABLE AND/OR APPROPRIATE ACTIONS IN CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF THE BONDS AND SAID RETIREMENTS AND SPECIFYING THE EFFECTIVE DATE HEREOF. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "Board" and the "County", respectively), by Resolution No. -92- 216, duly ber adopted on N mflOW 24 , 1992 (the "Resolution"), authorized the issuance of Refunding Revenue Bonds, Series 1992, of the County in an aggregate principal amount not to exceed $7,530,000 (the "Bonds"), as the third installment of the bonds originally authorized under Resolution No. 85-75 of the County, as amended and supplemented, and authorized the retirement of a portion of the outstanding Refunding and Improvement Revenue Bonds, Series 1985, of the County (the "Series 1985 Bonds") and the retirement of all of the outstanding Capital Improvement Revenue Bonds, Series 1987, of the County (the "Series 1987 Bonds"); WHEREAS, it is necessary and desirable to specify certain terms and provisions with respect to the Bonds; WHEREAS, it is desirable for the County to designate each of the Bonds as a "qualified tax-exempt obligation"; WHEREAS, the County deems it in its long term best interest that the Bonds be sold at this time at private sale by negotiation; WHEREAS, William R. Hough & Co. (the "Purchaser"), has offered to purchase the Bonds on the terms and conditions hereinafter described; WHEREAS, the County desires to purchase municipal bond insurance in connection with the Bonds; L_ 14V 2 4 144? 43 BOOK 144 BOOK 88 P,1c 45 —7 WHEREAS, the County desires to appoint a Paying Agent and Bond Registrar for the Bonds, to ratify the distribution of a Preliminary Official Statement and to authorize the execution and distribution of an Official Statement; WHEREAS, the County desires to provide for the retirement of the Series 1985 Bonds and Series 1987 Bonds to be retired; WHEREAS, the County desires to approve the form of the Escrow Agreement and to appoint an Escrow Agent in connection with said retirements; and WHEREAS, the County desires to provide for certain other matters in connection with the foregoing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. The Bonds shall be in the aggregate principal amount of $7,530,000, shall be dated as of December 1, 1992, shall be in fully registered form, shall be in denominations of $5,000 or any integral multiple thereof, shall bear interest payable semiannually, on March 1 and September 1 of each year, commencing March 1, 1993, until the principal amount thereof is paid, by check mailed by the Paying Agent to the Registered Owners thereof at their addresses as the same appear on the registration books kept by the Bond Registrar on behalf of the County at 5:00 p.m. local time at the location of the Bond Registrar on the fifteenth (15th) day of the month immediately preceding the applicable interest payment date, at the interest rates per annum set forth in the Bond Purchase Agreement (hereinafter defined), shall mature on September 1 of the years and in the principal amounts set forth in the Bond Purchase Agreement. The Bonds shall not be subject to optional or mandatory redemption prior to maturity. At the option of the Registered Owner of $1,000,000 or more in aggregate principal amount of Bonds, interest shall be payable by wire transfer pursuant to written instructions from such Registered Owner. SECTION 2. The County has determined that it does not reasonably expect to issue tax-exempt obligations that, together with all tax-exempt obligations reasonably expected to be issued by all entities that issue obligations on behalf of the County and all "subordinate entities" (within the meaning of Section 265(b)(3)(E) of the Internal Revenue Code of 1986, as amended (the "Codep)) of the County, in the aggregate, will not exceed Ten Million 44 Dollars ($10,000,000) during the 1992 calendar year and, accordingly, hereby designates each of the Bonds as a "qualified tax-exempt obligation", as defined in Section 265(b)(3)(B) of the Code, for the purposes and effect contemplated by Section 265 of the Code. SECTION 3. It is hereby found, ascertained, determined and declared by the Board that a negotiated sale of the Bonds is in the long term best interest of the County. SECTION 4. In compliance with Subsection 218.385(4), Florida Statutes, as amended, the Purchaser has provided to the County, prior to the adoption of this Resolution, a disclosure statement containing the information required by paragraphs (a) through (g) of said Subsection 218.385(4). Said disclosure statement is attached to the Bond Purchase Agreement. SECTION 5. The Bonds are hereby awarded and sold to the Purchaser at a total price of $7,425,774.20 (the aggregate principal amount less original issue discount of $39,994.90 and underwriter's discount of $64,230.90) plus accrued interest from December 1, 1992 to the date of delivery thereof. The Contract of Purchase dated November 24, 1992 by and between the Purchaser and the County, in the form attached hereto (the "Bond Purchase Agreement"), is hereby approved and accepted and the proper officers of the County are authorized and directed to execute the acceptance thereof in the space provided therefor on the Bond Purchase Agreement. SECTION 6. The purchase of -municipal bond insurance with respect to the Bonds from Municipal Bond Investors Assurance Corporation is hereby authorized and directed. The Chairman, the Vice Chairman and the Clerk of the Board and the proper officers of the County are each hereby authorized and directed to take all actions on behalf of the County as may be necessary, desirable and/or appropriate in connection with such insurance, including without limitation the payment of the premium therefor. SECTION 7. NationsBank of Florida, N. A., Fort Lauderdale, Florida, is hereby appointed Paying Agent and Bond Registrar for the Bonds. SECTION 8. The Preliminary Official Statement with respect to the Bonds, a copy of which is attached to the Bond Purchase Agreement (the "Preliminary .rv'' Official Statement"), is hereby approved and ratified by the County, and the 45 OV 2 41992 N, OV 2 41992 BOOK FACE 14 7 County hereby approves and ratifies the use by the Purchaser of the Preliminary Official Statement in connection with the sale and public re -offering of the Bonds. The Official Statement with respect to the Bonds, in substantially the form of the Preliminary Official Statement, with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or Vice Chairman of the Board prior to the execution thereof (the "Official Statement"), is hereby approved by the County and the Chairman or the Vice Chairman and the proper officers of the County are hereby authorized and directed to execute .the Official Statement and to deliver the same to the Purchaser for use by it in connection with the sale and distribution of the Bonds, the necessity and/or desirability and approval of any such omissions, insertions and variations shall be conclusively presumed by such execution and delivery. SECTION 9. The Chairman and Clerk of the Board are hereby authorized and directed to execute the Bonds, when prepared, by manual or facsimile signatures, and to deliver the same to the Purchaser upon payment of the purchase price without further authority from the Board. SECTION 10. Upon the issuance and delivery of the Bonds, the Series 1987 Bonds Reserve Subaccount in the Reserve Account under the Master Bond Resolution, as defined in the Resolution, shall terminate, however, all moneys therein shall continue to be a part of said Reserve Account until specifically transferred or allocated otherwise. Said Series 1987 Bonds Reserve Subaccount was heretofore created under Resolution No. 87-59 of the County in connection with the authorization of the Series 1987 Bonds, all of which are to be retired. SECTION 11. The County shall provide for the retirement of the Series 1985 Bonds and the Series 1987 Bonds to be retired by depositing with the Escrow Agent (hereafter appointed) under the Escrow Agreement (hereinafter defined) the following amounts from the following sources: (a) the amount of $228,468.13 from the Sinking Fund under the.Master Bond Resolution, as defined in the Resolution; (b) the amount of $55,473.75 from the Reserve Account under the Master Bond Resolution, as defined in the Resolution; and (c) the amount of $7,295,055.29 from the proceeds of the sale of the Bonds; provided, however, each said amount shall be subject to adjustment to conform to the escrow requirements set forth in the verified refunding report to be delivered at the closing on the sale of the .U1 M M Bonds. Said amounts, together with the interest to be earned thereon when invested as provided in the Escrow Agreement, shall be sufficient to provide for the timely payment of the Series 1985 Bonds and the Series 1987 Bonds to be retired in the manner and at the times provided in the Escrow Agreement. SECTION 12. The County shall enter into an Escrow Agreement (the "Escrow Agreement") with NationsBank of Florida, N.A., Fort Lauderdale, Florida (the "Escrow Agent"), who is hereby appointed, under the terms and provisions of which the Escrow Agent shall hold, invest and apply money deposited with the Escrow Agent for the timely payment of the Series 1985 Bonds and the Series 1987 Bonds to be retired in the manner and at the times provided in the Escrow Agreement. SECTION 13. The Escrow Agreement shall be in substantially in the form attached hereto with such additions, deletions and changes as may be necessary and/or desirable and approved by the Chairman or Vice Chairman of the Board prior to the execution thereof, the necessity and/or desirability and approval of any such additions, deletions and changes shall be conclusively presumed by the execution thereof by the Chairman or Vice Chairman. SECTION 14. The Chairman or Vice Chairman and the Clerk of the Board are authorized and directed to execute and deliver the Escrow Agreement on behalf of the County. SECTION 15. The Chairman, the Vice Chairman and the Clerk of the Board and the proper officers of the County are each hereby authorized to take all other actions on behalf of the County as may be necessary, desirable and/or appropriate in connection herewith and with the sale, issuance and delivery of the Bonds and the retirement of the Series 1985 Bonds and Series 1987 Bonds to be retired, including without limitation to execute and deliver any and all documents and instruments on behalf of the County. SECTION 16. adoption. This Resolution shall take effect immediately upon its CIN "v24 ��� BOOK 88 F•1�t 1 ROOK FAGE .g497 The foregoing resolution was offered by Commissioner Bird who moved for its adoption. The motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the Resolution duly passed and adopted this 2_ day of November , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By: ;e, ,Z� Caro .tbger MARGARET BOWMAN/FRS PENSION - Budget Amendment 003 The Board reviewed memo from Personnel Director Jack Price dated November 17, 1992: ----------- w James Chandler, Date: November 17, 1992 County Administrator Budget Amendment 003 From: Jack Price, Personnel Sub: M. Bowman -FRS Pension --------- L ------------------- 4L ------------------------------ Indian River County employees are participants in the Florida Retirement System, funded by employer paid contributions. Membership is divided into classes including Regular Class, Special Risk Class, Special Risk Administrative Support Class, Senior Management Service Class, and Elected State and County Officers' Class. Each membership class has a separate funding contribution rate which is based on the vesting and benefit level for the class. The Elected State and County Officers' Class was first known as Elected State Officers' Class and included the governor, cabinet members, legislators and certain members of the state judicial System. Florida Statute Section 121.052 was enacted by the 1981 Legislature to allow elected county officers the option to join the Elected State Officers' Class. Commissioner Bird was elected 11-80 and transferred to ESOC 11-81; former Commissioner Scurlock was elected 11-80 and transferred to ESOC 7-81; Commissioner Eggert and former Commissioner Wheeler were elected 11-86 in ESOC as were our new Commissioners Adams, Macht and Tippin this month. County Commissioner Magaret Bowman was appointed April 6, 1983. She was placed in the Regular Class membership instead of the Elected State Officers' Class membership. Her membership in that class continued until her retirement this month and funding contributions were based on the Regular Class rate during her employment here (as much as 8% lower that ESOC). 48 County files are not clear with regard to how the classification occurred. It is certain that her membership could have been in the Elected State Officers' Class from the beginning. At our request, the state Department of Administration, Division of Retirement has calculated the difference between the funding contributions for her employment in the Regular Class and what those contributions should have been for the Elected State Officers' Class. Rule 22B-2.013 of the Florida Retirement System provides that credit for service can be upgraded for Mrs. Bowman. The cost of that action was determined by the Division of Retirement to be $16,199.04 (see attached). Please recommend that the County Commissioners authorize payment of $16,199.04 from General Fund contingency for this purpose. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved Budget Amendment 003 in the amount of $16,200.00 to correct County Commissioner Margaret Bowman's pension fund contributions as explained in staff's memorandum. TO: Members of the Board of County Commissioners FROM: Joseph A. Ba OMB Director EXPENSE SUBJECT: BUDGET AMENDMENT NUMBER: 003 DATE: November 18. 1992 ;Board of County Commissioners ;* 11 11 !Florida Retirement !nni-ini-r,11-ni-3 1-314t ,c CHANGE IN SHERIFF'S WORKERS' COMPENSATION COVERAGE - BUDGET AMENDMENT 004 The Board reviewed memo from Personnel Director Jack Price dated November 18, 1992: 49 NOV 2 41992 =a� r NOV 2 4 1992 TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director � FROM: Beth Jordan, Risk Manager DATE: 18 November 1992 BOOK 88 PACE 151-7 BUDGET AMENDMENT 004 - SUBJECT: Change in Sheriffs Workers' Compensation Coverage On October 27,1892, we were notified by LL Spencer of the Sherfff's Office that effective November 1 their workers' c:omper>sation coverage through the County's self -Insurance pod would terminate and they would purchase commercial overage through Hurt Insurance Group (HIG), Tallahassee, the huximbent broker for the Sheriff's polio professional liability and automobile insurances. Although we have since obtained from HIG a copy of their binder, we do not know arty details about their coverage limits, provisions or type of policy. Through the self4risurance program begun by the Board four years ago, the County formed its own Internal Pte. Rather than pay first -dollar premiums to commercial insurers, the County opted to set aside funding internally, based upon an annual actuarial study, with any surplus funds used to maintain the fund and to reduce future year contributions. With the 1982-93 budget, the County realized a substantial reduction in Its funding requirements, allowing for the allocation of available funds to other County programs Through the self-insurance fund, constitutional officers and Board departments have combined their risks, sharing them proportionately based upon their loss exposure. As such, some have benefitted In greater proportion than others during any given year, but all have benefitted in the long-term by allowing the County to fund its risks prudently and not to pay first -dollar insurance premiums which must Include carrier. profits, State required guaranty fund contributions, expense constants, etc. While the Sheriffs withdrawal from the pod has no immediate detrimental effect upon the Board's Program, we are unsure about the long-term effects on the overall County budget The Sheriffs Office, with approximately one fourth of the workers' compensation payroll, Incurs nearly one-fourth of the County's Injuries with an accompanying onedhird of all workers' compensation costs. Only three years ago, that same employee population accounted for over one -hall of the program's costs. If the new Program Is monitored closely, with effective kms prevention and loss control techniques, it may work well. If, however, it Is primarily administered by the third party claims administrator which is paying claims for the prance company, its experience may revert to the position it was in three years ago and the Premium costs will reflect that experience. Additionally. If the Sheriff desires to re-enter the pod based upon adverse experience, the County's excess insurance premiums and State self -insurer assessment fees would increase based upon the poor experience of that particular unit At this time, staff recommends that the Board consider adoption of a policy which prohibits pool members who have dropped out of the pool based upon perceived sholt46nn savings from having the right to rejoin the pool WOW Board approval. Staff also recommends the Board approve the attached budget amendment which moves workers' compensation funding into the Sheriffs budget. Administrator Chandler requested the budget amendment be postponed until a later date because there is a question about distribution or the movement of funds into various divisions within the Sheriff's Department. 50 ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved the withdrawal of the Sheriff's Department from the County workers' compensation self-insurance pool, authorized payment of the first two months' premium for the commercial insurance, and directed staff to prepare a specific policy to prevent pool members who drop out of the pool based upon perceived short- term savings from rejoining the pool without prior Board approval. 6TH AVENUE IMPROVEMENTS AT 20TH PLACE - TNIN PAIRS - FINAL PAY REQUEST, RANGER CONSTRUCTION INDUSTRIES, INC. The Board reviewed memo from County Engineer Roger Cain dated November 9, 1992: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: SUBJECT: DATE: Roger D. Cain, P.E. ✓ County Engineer 6th Avenue Improvements Q 0th Place - Twin Pairs IRC Project No. 9122 Final Pay Request - Ranger Construction Industries, Inc. November 9, 1992 • • po-mul The Board of County Commissioners awarded this contract in the amount of $50,411.40 on July 7, 1992. The contract specified 120 calendar days to complete the work. Work began and the county started counting contract time on July 20, 1992. The construction of the 6th Avenue Improvements @ 20th Place has been completed by Ranger Construction Industries, Inc., within the time set for completion. The project has been accepted by the County Engineer. Change Order No. 1 was approved by the Board of County Commissioners on November 3, 1992 in the amount of $2,288.79, making the new contract amount $52,700.19. The final cost of the project, including Change Order Number 1, is $52,700.19. 51 ' ,, GNU 4 1992 K F.{uL 10� BOOK MG,1537 Alternative No. 1 - Approve the final pay request in the amount of $17,858.49, which includes the balance due, retainage, and Change Order No. 1. Alternative No. 2 - Deny the final pay request. ulul:l►I: • ► - ►I0 2 1►I0 h Staff recommends Alternative No. 1. Funding to be from Account Number 109-214-541-033.19. ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously approved Change Order No. 1 and final pay request in the amount of $17,858.49 to Ranger Construction Industries, Inc., as recommended by staff. COPIES OF CHANGE ORDER AND FINAL PAY REQUEST ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD WASTEWATER SYSTEM CONTINUING CONSULTING SERVICES WITH CAMP DRESSER & MCKEE. INC. The Board reviewed memo from Utility Services Director Terry Pinto dated -November 10, 1992: DATE: NOVEMBER 10, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UT I SERVICES PREPARED WILLI CAIN AND STAFFED CAPITA JECTS ENGINEER BY: DEPAR T OF UTILITY SERVICES SUBJECT: WASTEWATER SYSTEM CONTINUING CONSULTING SERVICES WITH CAMP DRESSER & MCKEE, INC. (CDM) INDIAN RIVER COUNTY PROJECT NO. IIS -92 -31 -CO BACKGROUND On September 15, 1992 the Indian River County Board of County Commissioners approved negotiations with and the selection of CDM, Inc., for our continuing consulting service needs for wastewater treatment plants. The staff of the Department of Utility Services has completed negotiations with CDM for these services and is prepared to enter into an agreement with them for same. The funding for this work will come from Account No. 471-218-536-033.19, currently in our 1992-1993 fiscal year budget. 52 ANALYSIS The proposed services are broken into three categories: needs assessment, monthly and annual reporting, and engineering on an as -needed basis. For details of the proposed services, see attachments A and B of the proposed contract. The costs associated with each task are detailed in attachment C of the proposed contract. Service costs are as follows: 1. Needs Assessment $19,980.00 2. Monthly and Annual Reporting 33.990.00 Total 1 and 2 $53,970.00 3. Emergency Troubleshooting, Permitting, Reporting, and Engineering (as needed) Item 3 will be used on an as -needed basis with engineering fees not to exceed budgeted engineering services for wastewater treatment plants and not without the approval of the Utilities Director. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the proposed wastewater treatment plants continuing services contract with CDM, Inc. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Macht to approve the Work Authorization with Camp Dresser & McKee, Inc., for continuing consulting service needs for wastewater treatment plants, as set out in staff's memorandum and as detailed in the contract documents. Under discussion, Commissioner Macht decided to vote in favor with a great deal of reluctance because he was hoping for revalidation of consultants to avoid conflicts of interest, and he hoped that the process of revalidation will be accelerated. Commissioner Adams expressed concern about spending almost $54,000 on a needs assessment when she assumed the master plan already assesses our needs. Director Pinto explained that the master plan represents future construction that is going to take place for the development of lines and plants. The consulting contract covers the daily operation of the facilities to improve efficiency and correct problems as they happen. The consulting engineers are the trouble shooters in situations that are beyond staff's expertise. They also generate many useful reports. Director Pinto pointed out that information provided by the consultants could result in savings of hundreds of thousands of dollars. Further discussion ensued, and Commissioner Adams requested a monthly as well as annual report from the consultants. 53 NOV 2 41992 HOK 88 F�,IJE I;5� rBOOK OV 2 4 1992 88 �nuE 155 -7 Commissioner Macht suggested that this item be deferred until a workshop could be conducted to provide the Board with more specific information, but Director Pinto did not recommend deferring this item unless the Board had something specific they wanted to address. Commissioner Macht stressed that he has a great deal of confidence in staff, but felt that all consultant agreements should be scrutinized carefully. Director Pinto assured the Board that the structure of the selection committee has been changed to avoid conflicts and the process of selecting consultants is videotaped for review at a later time. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DEVELOPER'S AGREEMENT WITH NORMAN W. HENSICR JR. The Board reviewed memo from Utility Services Director Terry Pinto dated November 9, 1992: DATE: NOVEMBER 9, 1992 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. DIRECTOR OF PREPARED JOSE R. DIAZ AND STAFFED PRIVATE PRO40 BY: DEPARTMENT SUBJECT: DEVELOPER'S BACKGROUND SERVICES SERVICES WITH NORMAN W. HENSICK, JR. The Department of Utility Services has received all documentation necessary to complete the operations checklist for a water distribution system for The Grove subdivision project. This design calls for the installation of an 8 -inch diameter line along 43rd Avenue. It was necesarry to oversize this line to 12 inches to meet the requirements of our Water Master Plan. This was also the reason for oversizing a water main along 13th Street SW to the west property line from a 6 -inch diameter pipe to a 10 -inch diameter pipe. The Department of Utility Services now proposes to enter into a developer's agreement with Norman W. Hensick, Jr., president of The Grove of Vero Beach, Inc. to reimburse the difference in cost for the above-mentioned water lines. 54 ANALYSIS The reimbursement for this construction can be split as follows: Item 12 -inch PVC water main, 2650 LF of 4 -inch oversizing @ $2.00/inch/ft. equals $8.00 LF 10 -inch PVC water main, 1360 IF of 4 -inch oversizing @ $2.00/inch/ft. equals $8.00 IF Total Reimbursement $21,200.00 10,880.00 Total $32,080.00 The County shall reimburse the developer in the amount of $548.00 (amount of impact fee attributable to master plan line extensions) per Equivalent Residential Unit previously paid by the developer and customers connected to the line to date, which amounts to $3,836.00 ($548.00 X 7). The Utilities Department is proposing to reimburse the developer the remaining amount of $28,244.00 (total reimbursement not to exceed $32,080.00) over already -paid impact fees upon completion of the project from the impact fee fund. This is being proposed due to the immediate ability to utilize the line for further extension, as well as to reduce accounting associated with reimbursement over time as additional customers connect to this line. RECONNENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached developer's agreement with Norman W. Hensick, Jr., for oversizing the aforementioned water lines and for immediate reimbursement. ON MOTION by Commissioner Bird, SECONDED by Commissioner Macht, the Board unanimously approved the developer's agreement with Norman W. Hensick, Jr., for oversizing the water lines and for immediate reimbursement not to exceed $32,080.00, as set forth in the above staff recommendation. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD LEGISLATIVE PRIORITIES 1992-93 SESSION The Board reviewed the following letter from Caroline Ginn, Chairman of the Treasure Coast Council of Local Governments, dated November 10, 1992: 55 NOV s4 4 1992 Boos 88 156 Commissioner Carolyn Eggert Chairman, Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Commissioner Eggert: BOOK 88 PAGE M -1 The Legislative Committee of the Treasure Coast Council of Local Governments met recently to finalize their list of recommendations for the upcoming Legislative Session. A copy is enclosed. Since the TCCLG is in a transition period, with several members retiring and new appointees coming on, would you please see that the Commissioner -designated as your representative to the TCCLG gets this information. It will be necessary for your Commission to decide which of the legislative recommendations you wish the TCCLG to pursue or oppose in its report before the Legislative Delegation. The TCCLG has agreed that it will not support or oppose an issue if one or more of its members.are in -disagreement. Please bring these recommendations before your Commission by the end of November so the results can be tabulated at our December 2nd, meeting. It is imperative that your representative to TCCLG or a designated alternate attend the December 2nd, meeting. An Agenda is enclosed as well as minutes of our two previous meetings. Thank you for your kind assistance in this matter. Sincerely, LfJ iC5/ Caroline D. Ginn Chairman On Friday, November 6, 1992, the Legislative Committee met for the second time to review the past year's legislative priorities and establish recommendations for the coming Legislative Session. The Committee adopted the following list of issues, in approxi- mate order of priority, and recommends transmittal to and adop- tion by our member governments prior to the Treasure Coast Coun- cil of Local Governments December 2nd meeting. We will only pursue those issues upon which there is unanimous agreement by our membership, and _urge Prompt consideration thereof in order that we maximize our results in Legislative Delegation meetings scheduled for December 4th and 5th. 1. -- -- ---...�..a.�a►.�.vii vz nomesreaa Exemption - Apply to . second $25,000 of assessed value, or similar method to make this important exemption better related to service demands and responsibility of homestead statewide. - 2. Partial Year Assessment - An amendment to the Florida Constitution to permit partial -year assessment of all real Property when it is improved, or when the property is occupied or otherwise used for the purpose for which it was constructed. 56 3. Treasure Coast Region University - Support funding which would expedite higher education opportunities on the Treasure Coast through existing delivery system and promote commitment to locate an eleventh state university on the Treasure Coast by asking the Board of Regents to apply the PICO criteria as soon as possible. 4. DCA Recrulatory Authority - Support legislation prohibiting DCA from requiring local government to exceed state laws or policies as implemented or established by the agencies charged by law with such authority and responsibility. 5. Annexation Reform - Support legislation to reform annexation laws and to make annexation of enclaves easier and more attractive in an effort to control urban sprawl. 6. Department of Environmental Regulation - Support (a) Delegation of "dry line" (utility lines) jurisdiction to local government, as the present regulatory process offers a poor cost/benefit ratio; and (b) revise current methods of evaluating utility plant capacity by paper commitments, which result in unnecessary construction and poor operational efficiency of existing plants when growth rate fails to meet expectations (permitting based on actual flow not permitted flow). 7. St. Lucie River/Indian River Lagoon - A. Support establishment of fresh water storage in the C-23/24/25 basin, for agricultural benefit and reductions in harmful fresh water discharges to the River and Lagoon (better upland storage). B. Require of FDOT that all new bridges constructed across the River or Lagoon utilize a "see through" crash barrier and handrail, so that people in all vehicles crossing our bridges may have a view of these waters. (There are a variety of FHWA-approved and crash -tested barriers besides the ubiquitous "Jersey barrier" such as is used an the new Palm City Bridge). 8. Utilities - Request clarification in State Statutes as to the legality of pass-through charges from master planned communities to individual users of public utilities. 9. Prostitution - Support legislation that would increase penalty for second and subsequent violations relating to Prostitution. Note: Indian River County, City of Vero Beach, City of Fort Pierce and City of Stuart have already endorsed proposed legislation to this effect. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously designated Commissioner John Tippin as the Board's representative to report to the Legislative Delegation that the Board considers items 4, 6, 8 and 9 to be priority items; and to add an item regarding the increasing legal fees which are passed from the State to the County. 57 BOOK, Z 4 199 BOOK 88 FACE 159 NOV 24 1992 BOARD -EMPLOYEE RELATIONS The Board reviewed memo from Commissioner Kenneth R. Macht dated November 18, 1992: TO: Board of County Commissioners FROM: Commissioner Kenneth R. Macht DATE: November 18, 1992 RE: BOARD -EMPLOYEE RELATIONS It has been my experience that strict separation between elected officials and employees (other than employees appointed directly by and responsible to the elected officials) provides for the most workable situation in local government. For example, the charter of the City of Vero Beach contains the following language: Section 2.06. Council -Employee Relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the council or any of its members give orders to any employee other than council orders to a charter officer. The council or its members shall deal on all matters through the appropriate charter officer. The Indian River County Code has similar provisions but with one major difference which opens up the door to the type of relationship that is inimical to good local government, i.e., board members requesting reports, research, work product or action which takes an employee away from his assigned tasks. That major difference reads as follows: "Nothing in this section shall communication with a county Inquiry or information." preclude a board member from employee for the purpose of A request or inquiry from a county commissioner to a regular county employee will often be perceived by that employee as a direct order of number one priority. This is, in itself, contrary to orderly government, especially if the request requires research or follow-up action. It is recognized that contact by board members with county employees may occur; however, it should be limited and it should not take the employee away from assigned tasks. The board, as a body, should have direct contact only with the County Administrator, the County Attorney or the the Executive Aide to the Board of County Commissioner. In view of the foregoing, I am proposing that section 101.08 be amended to read as follows: 58 Section 101. 08. Board -Employee Relations. Neither the board of county commissioners nor any of its members shall in any manner dictate the appointment or removal of any county employee except the county officers, as _. defined in Section 101. 03, nor shall the board or any of its members give orders or directions to any employee other than board orders to a county officer. The board shall deal on all matters or inquiries through the appropriate county officer. Individual board members shall coordinate all inquiries or requests for information that require research, reports, work product or are time consuming through the appropriate county officer. Nothing in this section shall preclude short conversational inquires or discussions by board members with employees provided said discussions or inquires do not require follow-up research, reports, work product or action by employees. I recommend that staff be instructed to prepare an ordinance, using the above language, for a public hearing as soon as practicable. Commissioner Macht explained his reasoning and urged the Board to hold a public hearing or workshop on this item. Discussion ensued, and the Board agreed to defer this item to allow more time for discussion. ROLL CALL VOTE The Board reviewed memo from Commissioner Macht dated November 18, 1992: TO: Board of County Commissioners FROM: Commissioner Kenneth R. Macht /1 DATE: November 18, 1992 RE: ROLL CALL VOTE I believe that a requirement for a roll call vote on matters of importance such as ordinances and resolutions will provide the public with an immediate and accurate record of how its elected officials are voting on a particular item. This procedure is in existence in several jurisdictions throughout the state and in the City of Vero Beach. Chairman Eggert preferred to have all members vote at the same time to avoid any possibility of politicizing or grandstanding. She also felt that a roll call vote is time consuming. Commissioner Macht disagreed and said it is important for the public to know how each Commissioner votes. Commissioner Bird opposed a roll call vote and suggested that the Chairman could clarify the voting when necessary. 59 U 41992 BOOK 88 [', f on moo 2 41992 BOOK ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board (4-1, Commissioner Macht voting in opposition) approved continuation of voice voting and to clarify the vote on the record. M I COUNTY CODE OF ETHICS The Board reviewed memo from Commissioner Macht dated November 18, 1992: TO: Board of County Commissioners FROM: Commissioner Kenneth Macht /;�- 41 DATE: November 18, 1992 RE: COUNTY CODE OF ETHICS Chapter 112, Part III, Florida Statutes contains a Code of Ethics for Public Officers and employees. This part provides a good minimum standard for public officers and employees; however, it is my belief that every citizen is entitled to have complete confidence in the integrity of his government. Each individual commissioner, officer, employee or advisor of government must help to earn and must honor that trust by his own integrity and conduct in all official actions. I feel that additional ethical requirements should be enacted that raise the standards beyond that required by Chapter 112, Florida Statutes. To that end, I have prepared additional standards modeled after Federal standards. My proposal is attached. If you agree, I recommend that the County Attorney be instructed to prepare an ordinance and a public hearing date be selected. The Board agreed that this issue needed more time for discussion and deferred it to another meeting. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:30 o'clock p.m. ATTEST: J. K. Barton, Clerk 60 CarolyEgger hairman