HomeMy WebLinkAbout8/17/1993� MINUTE4"ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGEN -DA
REGULAR MEETING
TUESDAY, AUGUST 17, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5) James E. Chandler, County Administrator
John W. Tippin, Vice 'Chairman (Dist. 4)
Fran B. Adams (Dist. 1) Charles P. Vitunac, County Attorney
Carolyn K. Eggert ( Dist. 2 )
Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1.
2.
CALL TO ORDER
iNvnre-rinu _
3.
PLEDGE OF
ALLEGIANCE - Comm. John
W. Tippin
4.
ADDITIONS
TO THE AGENDA/ EMERGENCY
ITEMS
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Regular Meeting of 7/27/94
B. Regular Meeting of 8/3/93
7. CONSENT AGENDA
A. Received 8 Placed on File in Office of Clerk
to the Board: Report of Convictions, Month
of July, 1993
B. I.R. Mosquito Control District Appointment of
Janice Broda as designee to LAAC
(letter dated July 30, 1993)
C. Appointment of Warren Winchester to LAAC
(letter received July 23, 1993)
D. Occupational Licenses Collected During Month
of July, 1993
(memorandum dated August 2, 1993 )
LAUG 171993 BOOK 90 RU 189
AUG 17 199
BOOK 90 FAGS 19®
7.
8.
CONSENT AGENDA (cont'd. ):
E. Transfer Approval
`( memorandum dated August 10, 1993 )
F. Grand Harbor - Utility Agreement
( memorandum dated July 15, 1993 )
G. Cancellation of Outstanding Taxes / Properties
Purchased for County Use
( memorandum dated July 27, 1993 )
H. Prior Abandonment of 80th Ave. Between 129th
St. and 129th Court
( memorandum dated August 4, 1993 )
I. Blue Cypress Lake Community Sewer Improvement
Project Release of Warranty Retainage
( memorandum dated August 6, 1993 )
J. Department of Utility Services Geographical
Information System (GIS) Infrastructure Manage-
ment System
(memorandum dated August 5, 1993)
K. A Resolution of Formal Acceptance of Utility
Easements - Raintree Corner S/D (54th Ave.)
(memorandum dated August 6, 1993)
L. Approval of Out -of -County Travel for Ken Macht to
attend Fourth Annual Regional Workshop on Land -
Acquisition and Management in Winter Park, 9/17/93
( letter dated July 22, 1993 )
CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
1. St. Augustine of Canterbury Episcopal
Church Request for Special Exception Use
Approval for Expansion of a Place of
Worship
( memorandum dated August 10, 1993 )
2. Water Service to 102nd Terrace E 99th Way
Resolution III
(memorandum dated July 23, 1993)
(continued from August 10, 1993 meeting)
3. Wastewater Service to 102nd Terrace and
99th Way - Resolution III
(memorandum dated July 23, 1993)
(continued from August 10, 1993 meeting)
4. Acquisition of Gen. Dev. Utilities, Inc.
(GDU) Vero Highlands/Shores Utii. System
(memorandum dated August 9, 1993)
r
PAGE
9. PUBLIC ITEMS (cont'd. ): PAGE
B. PUBLIC HEARINGS (cont'd. ):
5. Petition Water Service in Raintree Corner
SID (54th Ave., south of 12th St.) -
Resolution III
(memorandum dated August 6, 1993)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
Selection of Consultant for Comprehensive
800MHz Public Safety Trunking Radio Communica-
tions Study - RFPPP #3113
(memorandum dated August 9, 1993)
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
-
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
Air Quality Study Contract for Services
Clayton Environmental Services
(memorandum dated August 11, 1993) .
G. PUBLIC WORKS
1. Misc. Intersections Improvements Project
(memorandum dated August 9, 1993)
2. Lic. Agreement I IRC & V.B. Country Club
(memorandum dated August 10, 1993)
3. Purchase Authorization; 45th St. R -O -W
Acquisition, Seligson Parcel, Ind. Riv.
Blvd. Ph. IV
(memorandum dated August -5, 1993)
H. UTILITIES
1. Sludge/Septage Ordinance
( memorandum dated August 3, 1993 )
2. Agreement to Furnish Economic E Financial
Consulting Services to IRC - Work Authori-
zation No. 1 - Update of Impact Fees,
Development of Wastewater Reuse Rates, and
Calculation of Septage Rates
(memorandum dated August 5, 1993) -
600K 90 PAGE 1,91
L_AUG 171993
rAUG 17 1993 BOOK 90 PiGE 192
11. DEPARTMENTAL MATTERS (cont'd. ):
H. UTILITIES (cont'd. ):
3. - Rousseau River Shores (114th Lane) - Waste-
water Collection System - Res. IV - Final
Assessment Roll '
( memorandum dated August 2, 1993 )
12. COUNTY ATTORNEY
Utilities - Rate Resolution - Line Extension and
Engineering Service Charges
( memorandum dated August 10, 1993 )
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
Support of Resolution Urging the Legislature
Amend Section 212.055 (2)(i), F.S., in Order
to Permit Counties with a Population of 100,000
or Less to Use the Local Government Tax Infra-
structure Revenue for Any Purpose
( letter dated August 4, 1993 )
B. VICE CHAIRMAN JOHN W. TIPPIN
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH R. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
PAGE
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, August 17, 1993
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, August 17, 1993,
at 9:00 o'clock a.m. Present were Richard N. Bird, Chairman; John
W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and
Kenneth R. Macht. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara
Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Tippin led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the addition under it -E of a
report on yesterday's refinancing of the recreational (golf course)
bonds.
Attorney Vitunac requested the addition under 12-B of approval
of a quit claim deed on the Bower property. The emergency of the
matter is that the closing on the property takes place this Friday.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously added the
above items to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meetings of July 27, 1993 or August
3, 1993. There were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
the Minutes of the Regular Meetings of 7/27/93 and
8/3/93, as written.
CONSENT AGENDA
A. Report
Received and placed on file in the Office of the Clerk to the
Board: Report of Convictions, Month of July, 1993
AUG 01993 BOOK 90 PACE 1,93
(AUG 17 M1
n
BOOK 9® PAGE 194
B. Appointment to Land Acquisition Advisory Committee - Janice
Broda from I.R. Mosquito Control District
The Board reviewed the following memo dated 7/30/93:
Jnk-,n �iver IV -.4 -i -it. ifor&ro1,2Ja&ct
P.O. Box 670, Vero Beach, Florida 32961-0670
PHONE: (407) 562393
565541STSIREET
E. J. BEIDLER, Director
Mr. Kenneth Macht July 30, 1993
Chairman, Land Acquisition Advisory Committee
Indian River County
1840 25th St.
Vero Beach, FL 32960
Dear Mr. Macht,
The Board of the Indian River Mosquito Control District (IRMCD) would like to appoint
Commissioner Janice Broda as our designee to the Land Acquisition Advisory Committee.
IRMCD looks forward to participating on this committee.
Sincerely yours,
Albert Cochran
Chairman, Board of Commissioners
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously appointed
Janice Broda to LAAC as the designee from I.R.
Mosquito Control District.
2
C. Appointment of Warren Winchester to Land Acquisition Advisory
Committee
The Board reviewed the following letter dated 7/23/93:
ro
vy✓� c� �
� X93 r
gS�33 1993
Commissioner Ken Macht
Indian River County
1945 25th Street
Vero Beach, Florida 32960
Subject: Land Acquisition Advisory Committee
F97TWIlTs
Enclosed is my resume along with the following information below which I believe a
gernme, provided to you in application for one of the two vacancies on the LAAC as
outlined in today's Press Journal.
- I do not represent any specific organization or philosophy that has a direct interest or
definitive goal that might affect the deliberation of the Committee.
- I have experience in real estate management, sales and purchase, appraisals and zoning
which should be of value to the committee's judgments.
- Environmental meats and audits which should be a part of the pre -purchase
actions are disciplines where I have had both lands on and management experience.
- My personal involvement in a broad range of envitonmental organizations and issues
should enable me to immediately go to work on the issues facing the Committee. Some
of these are the Indian River Lagoon National Estuary Program, Marine Resources
Council, Friends of Florida Water Ways and Ducks Unlimited.
I trust that you will find that my appointment to the Committee can enhance its
capabilities and deh'berations. I look forward to discussing this request with either you or
the other Commissioners.
Sincerely,
W v�-
Warren Winchester
778-2532
5 Tarpon Drive
Vero Beach, F132960
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously appointed
Warren Winchester to LAAC.
3
BOOK 90 FADE 195
r
AUG 17 1,991
BOOK 90 PAGE 196
D. Occupational Licenses Collected During Month of July, 1993
The Board reviewed the following memo dated 8/2/93:
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SUBJECT: Occupational Licenses
DATE: August 2, 1993
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $1,707.88 was collected in occupational license taxes
during the month of July, representing the issuance of 139 licenses.
�:_i_
Z
Tax Co
ctor
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously accepted
the Occupational Licenses report for the month of
July, 1993.
E. Transfer Approval
The Board reviewed the following memo dated 8/10/93:
TO: Board of County Commissioners
DATE: August 10, 1993
SUBJECT: Transfer Approval
FROM: Richard E. Watkins, Finance Director
The Sheriff's Department has requested that the monthly draw
( approximately 1/12 of the annual budget transfer from the BCC) for
the Sheriff's Department be transferred from the Board of County
Commissioners account at First Union to the Sheriff's account at
First Union via a debit/credit transfer. Currently the funds are
transmitted by check sent through interoffice mail. First Union
has responded to our inquiry (see enclosed correspondence)
approving the process and has requested evidence of approval by
signature of the Board of County Commissioners...
The major advantage to this action is eliminating the unpredictable
float time of this check. The monthly check to the Sheriff's
'__--Department is in excess of $1,300,000.00. By maximizing the
4
r � �
investment of_ these funds at both the BCC and the Sheriff's
Department, possible when we both know the exact day of the
debit/credit transaction, the investment program of both
organizations will benefit.
Request the Board of County Commissioners approve the enclosed
letter to First Union and authorize the signing of the letter to
First Union by the members of the Board of County Commissioners.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the following letter to First Union National Bank of
Florida and authorized the signing of same by all
five Board members.
JEFFREY K. BARTON
Clerk of Circuit Court
P. O. Box 1028
Vero Beach, Florida 32961-1028
August 17, 1993
Judy R. Rigsby, Vice President
Vero South Office
First Union National Bank of Florida
1238 US #1
Vero Beach, FL 32960
Dear Ms. Rigsby:
5
Telephone: (407) 567-8000
L.2 AUG 17 1993 aoox 90
I AUG 17 1993
BOOK 9® n
F'�1U
We, the members of the Indian River County Board of County
Commissioners, have approved this date the process of transferring
a monthly amount of cash from our account at your bank to the
Sheriff's account at your bank using the enclosed notification
letter. This notification letter will have the amount and date
completed each month and be signed by the Finance officer, or in
his absence the Clerk of the Court.
Sincerely,
J -a2 -az(; --Z
Richard N. Bird, Chairman
ZBAdams
R. Radht
oW. Tippin, V'ce Chairman
J"
L
Carolyn . Eggert
F. Grand Harbor - Utility Agreement
The Board reviewed the following memo dated 7/15/93:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Charles P. Vitunac, County Attorney
DATE: July 15, 1993
RE: Grand Harbor - Utility Agreement
Grand Harbor has proposed to the County that it be allowed to place
certain structures over a County utility line in Grand Harbor. County
policy normally prohibits this since access for maintenance and repair
of the lines must be protected.
However, Grand Harbor has agreed that if the County needs to gain access
to these lines that the cost of removing the structures over the lines
will be borne by Grand Harbor, and with that condition the County
Utilities staff has no objections to the County entering into this
agreement.
C
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
the Agreement with Harbor Village at Grand Harbor
Condominium Association, Inc., as recommended by
staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
G. Cancellation of Outstanding Taxes /Properties Purchase for
County Use
The Board reviewed the following memo dated 7/27/93:
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: July 27, 1993
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired some rights-of-way, and, pursuant to
Section 196.28, Florida Statutes, the Board of County Commissioners is
allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purposes. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolutions cancelling taxes upon lands the County recently
acquired.
Attachments: 6 Resolutions
y .. elseth, Harry C. Offutt, III
and Phillip R. Helseth, Sr., Trustees
R/W for Oslo Rd. & Dixie Hwy.
Parcels Nos. 106, 107, 117, 906, 907 and 920
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolutions 93-137, 93-138, 93-139, 93-140, 93-141,
and 93-142, cancelling certain delinquent taxes upon
publicly -owned lands, pursuant to Section 196.28,
Florida Statutes.
7
AUG 171993 BOOK 90 PAGE 199
r AUG 17 1993
Re: R/W - Oslo Road & Dixie Sway.
Parcel #106
BELSETH st al.
BOOK
7/29/93 (1—O -X) Rffi80/V)c. 9.'
RESOLUTION NO. 93- 13 7
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
90 N,GE290 -1
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1040 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Mac ht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this day of _ 1993.
At -test:
l�
Je frey K. Barton, c�'�''erk n
Atachme
nt: Deed
8
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By 6/
Richard N. Bird
Chairman
7/29/93 (lagnl .95
Re:
Re: R/W - Oslo Road & Dixie Hwy.
Parcel #107
HELSETH et al.
RESOLUTION NO. 93- 138
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.26,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1044 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Mac ht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
Attest:
Jeffre�d-r'a' nsC�^erk
'"",
A tachment: Dead
L_ AUG 17 19 3
9
BOARD OF COUNTY COMMISSIONER
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
BOOK 90 NAGE 201
AUG 17 1991, BOOK 90 PnF.202
Re: R/W - Oslo Road & Dixie Hwy.
Parcel #117
HELSETH at al.
7/29/93(lagal)RM80/V1c•93
RESOLUTION NO. 93— 13 9
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1042, which was recently acquired by Indian River county
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eager t
and the motion was seconded by Commissioner Mdcht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
ttest:
Jeffrey K. Barton, Cle
Att chment: Deed
10
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY l&l_Y
Richard N. Bird
Chairman
7/29/93 (legal) RL'60/V7c .94 n^
94
Re: R/W - Oslo Road & Dixie Hwy.
Parcel #906
HELSETH et al.
RESOLUTION NO. 93- 140
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.26,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1034 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Mac ht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn R. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
Attest:
Jef rey &. Barton, erk, �. C.
At achmen+t: Deed
11
L_ AUG 171993
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
BOOK 90 FAGS 203
AUG 171993 BOOK 90 MCF 204
7/29/93 (la0-1) M=&C3'/%rU96
Re: R/W - Oslo Road & Dixie Hway.
Parcel #907
HELSETH at al.
RESOLUTION NO. 93-_14L
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAKES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1038 which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Mac ht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn R. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
Attest:
Jef y K._ Bar on, C! /l,��rk� � c .
I*r7 z �'`ii,�
Attachment:. Deed
12
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N.- Bird
Chairman
7 / 2 9 / 9 3 (lags 1) R8H0/ VIc •
Rea R/W - Oslo Road & Dixie Hwy. 92
Parcel #920
HELSETH at al.
RESOLUTION NO. 93- 142
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 980, Page 1036, which was recently acquired by Indian River County
for right of way purposes on Oslo Road & Dixie Hwy., are hereby cancelled,
pursuant to the authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Macht , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
Attest: a
Jefachment:
y K La ton, C k: _ �� ,� "Cr
At Deed
13
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird
Chairman
BOOK 9® P,,CE 205
AUG 17 199
BOOK 90 FAGS
H. Prior Abandonment of 80th Avenue Between 129th Street and
129th Court
The Board reviewed the following memo dated 8/4/93:
TO: The Board of County Commissioners
FROM: V,< j William G. Collins II - Deputy County Attorney
DATE: August 4, 1993
SUBJECT: Prior Abandonment of 80th Avenue Between 129th Street and
129th Court
On October 24, 1989 the Board of County Commissioners by Resolution No.
89-136 abandoned right-of-way for 80th Avenue between 129th Court and
129th Street, retaining the entire property as a. , drainage and utility
easement.
The staff recommendation of abandonment as approved by the Board included
a condition as follows:
"2. Prior to this resolution being executed, that Unity
of Title forms be executed and recorded for Lots 1,
2, 3, 8, 9, 10 and Lots 4, 5, 6, and 7 by the
respective owners."
This recommendation, according to the staff report, was to ensure frontage
on other existing roads for these parcels after the 80th Avenue
abandonment. To date, this condition has not been satisfied and the
approved abandonment resolution has not been recorded. Therefore, the
abandonment is not yet in effect.
Since the abandonment in 1989, the Roseland Volunteer Fire Department has
built a structure on Lots 1, 2, 3, 8, 9, and 10 which would preclude them
from selling off a landlocked parcel. The Roseland Volunteer Fire
Department has frontage on and access to 129th Court, which is not
proposed for abandonment.
The current owners of Lots 4, 5, 6, . and 7 have come in with a proposal
to reconfigure those four platted lots into three new lots each of which
would have frontage on 129th Street, resolving any concerns with
landlocking Lot 7. Thus, staff has no objections to the lot reconfiguration
proposal. However, the current abandonment condition is not flexible
enough to allow the proposed reconfiguration. Therefore, the condition
should be modified to allow lot reconfigurations that provide for frontage on
rights-of-way other than 80th Avenue.
RECOMMENDATION:
Given that each of the lots to which access was a concern in the original
resolution have either been developed or will be reconfigured in a manner to
provide access to existing rights-of-way, the staff recommends that:
1) Condition No. 2 of the right-of-way abandonment as set forth above be
modified to require a unity of title only on Lots 6 and 7, Block 28,
Townsite of Roseland, which unity of title would be released by the
Community Development Department upon approval. of lot configuration;
and
2) Staff be authorized to record the previously approved abandonment
resolution in the Public Records of Indian River County, Florida.
14
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
staff's recommendation as set out in the above memo.
I. Blue Cypress Lake Community Sewer Improvement Project - Release
of Warranty Retainage - Speegle Construction, Inc.
The Board reviewed the following memo dated 8/6/93:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
AUGUST 6, 1993
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PI
DIRECTOR OF UTI I SERVICES
ROBERT 0. WISEMEN, P.E.
ENVIRONMENTAL ENGINEER $P)
DEPARTMENT OF UTILITY SERVICES
BLUE CYPRESS LAKE COMMUNITY
RELEASE OF WARRANTY RETAINA
INDIAN RIVER COUNTY PROJECT
SEWER IMPROVEMENT PROJECT
NO. IIS-90-01-DC/CS/ED
On May 25, 1993, the Board of County Commissioners approved the request
for final payment of said project. During the application made for
final payment, the nonpotable water pumping station was not in working
order and the backup system was installed to get the system working.
Per agreement with the contractor, the County withheld the amount of
$5,000.00 as a warranty retainage until the contractor resolved the
problem.
ANALYSIS
The nonpotable water pumping station problem has been corrected and the
pumping station is in working order. The County has spent $690.52 for
spare parts in the backup system. This expenditure amount was deducted
from the warranty retainage, leaving a balance of $4,309.48. Attached
is the application from the contractor to receive the balance of said
retainage.
• 1L!? q!!i •
The staff of the Department of Utility Services recommends
the release of retainage in the amount of $41,309.48 and
for the Chairman of the Board of County Commissioners to
release.
15
approval for
authorization
execute said
BOOK 90 FACE 207
Alar 17 IPPI
-7 600K 90 PAGE. 208
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
the release of retainage in the amount of $4,309.48
to Speegle Construction, Inc., as recommended by
staff.
AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
J. Utility Services Geographical Information System -
Infrastructure Management System
The Board reviewed the following memo dated 8/5/93:
DATE: AUGUST 51 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL CES
PREPARED HARRY E. ASHER
AND STAFFED ASSISTANT DIRE OF
BY: UTILITY SERVICES
SUBJECT: DEPARTMENT OF UTILITY SERVICES GEOGRAPHICAL
INFORMATION SYSTEM (GIS) INFRASTRUCTURE MANAGEMENT
SYSTEM
BACKGROUND:
As the Department of Utility Services (Department) addressed the
expanding customer base, increased regulations, and accomplishing
more with fewer resources, integrating the mapping and facilities
records systems has become a necessity.
In January 1992, the Board of County Commissioners authorized the
Department to purchase the base computer hardware, operating
system, and Arc -Info mapping software to enable the Department to
computerize its maps and integrate its system with the Property
Appraiser's base maps. The Arc -Info software system is the
software platform used by the Department of Environmental
Protection and St. Johns River Water Management District with
which the County agencies will need to interface. The system is
installed and networked with the Property Appraiser's office for
utilization of the base maps with parcel and parcel data. The
Property Appraiser's base maps are substantially complete and are
available for integration by the Department with its utility
facilities.
ANALYSIS:
During the 1992-93 fiscal year, the Department has begun the
following tasks to set up the base system:
* Convert its existing AutoCAD facilities' maps into the
geographical information system
16
'-7
* Register (connect these facilities to the County's base
maps)
* Computerize the existing facilities inventory records
* Set links between the facilities inventory records and the
related Arc -Info mapping features
With the completion of these tasks, the Department will be able
to use the geographical information system in its daily
operations. The key to using the GIS for improving the
operational effectiveness will be in providing the applications
that will be utilized by as many employees as possible. These
applications will provide for responding to customer requests for
service, providing customer information relative to facilities
available (location, size, type, capacity, etc.), developing
scheduled maintenance programs, compiling inspection data, and
recording cost information.
As the Department planned for the 1992-93 budget year in May
1992, the staff investigated the most compatible software systems
that would integrate with the Department's and overall County
geographical information system and provide the required
information. The software selected and budgeted in the 1992-93
budget for this need was the Hansen Information Systems
Infrastructure Management System for Water Distribution and
Wastewater Collection software. A detailed System Description
and itemized Project Implementation Costs Schedule for the
project are attached. A summary of the Project Implementation
Costs are as follows:
Hansen Infrastructure Management System $35,175
Oracle Relational Database Mgmn't System 31 879
Installation, Training and Project Mgmn't 5 600
Total Implementation Costs �'�"
U2,654
The Department would propose to contract the Geographical
Information System Technical Tasks sole source with Hansen
Information Systems due to the proprietary software and technical
Aspects of the interface between the Department's Arc -Info
Software and RS/6000 operating systems and the Hansen Software.
The Department of Utility Services has reviewed this proposal
with the Purchasing Department, and they concur with the
recommendation to sole source this contract due to the
proprietary software and technical aspects of the projects.
RECOMMENDATION:
The staff of the Department of Utility Services requests approval
to proceed with the purchase and installation of the Hanse
Integrated Infrastructure Management System as outlined in the
proposed Implementation Cost Schedule.
17
q�
aooK 00 FaGE209
fl,
BOOK 90 P u . 2i®
Hansen Information Tedwalogles
Indian River County Udi ty Serv/ccess /mp/emermtadon Costs
5.0 Implementation
Costs
SOFTWARE cows
Hansen Oracle IMS version 6.0 (Server) $ 22,000
Hansen Oracle IMS version 6.0 (Client) (1 user, @ $2,250) 2,250
Database Integrator and AML Query Kit 7,500
Database Setup and Initialization 2,500
DESQview/x 925
TOTAL SOFTWARE COSTS S 354175
ORACI E RFI 71ON I DATABASE, MANAGEMENT SYSTEM
Oracle RDBMS release 7.0 $ 19,200
Transaction Processing Option 3,840
SQL*NET for* Server 3,840
SQL*NET APPC LU 960
SQL*NET for X—Terminal (1 user @ $199) 199
TCP/IP Driver ,.., .,.
TOTAL ORACLE COSTS
PROFESSIONALSERVICE AND FEES
IMS Training Workshops
System Administration $ 2,700
Implementation 2,800
Users 1,800
Database Integrator & AML Query Kit Training 2 900
Project Management '
_.5,4Q4
TOTAL PROFESSIONAL SERVICE & FEES
TOTAL IMPLEMENTATION COSTS S 8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to proceed with the purchase and installation
of the Hansen Integrated Infrastructure Management
System as outlined in the proposed Implementation
Cost Schedule.
18
K. Resolution of Formal Acceptance of Utility Easements - Raintree
Corner Subdivision (54th Ave.)
The Board reviewed the following memo dated 8/6/93:
DATE: AUGUST 6, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTI VICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF AS PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: A RESOLUTION OF FORMAL ACCEPTANCE OF UTILITY
EASEMENTS - RAINTREE CORNER SUBDIVISION (54TH AVENUE)
INDIAN RIVER COUNTY PROJECT NO. UW -93 -08 -DS
On July 27, 1993, the Indian River County Board of County
Commissioners approved Resolution I (93-125) and Resolution II
(93-126), which contained the preliminary assessment roll and set
the date of the public hearing for the above -referenced subdivision.
ANALYSIS
In connection with installing water lines by the Department of
Utility Services for Raintree Corner Subdivision (54th Avenue, south
of 12th Street), itis necessary that the County formally accept the
utility easements in accordance with the subdivision plat
dedication certification condition.
The Department of Utility Services recommends that the Board of
County Commissioners approve and authorize the chairman to sign the
attached resolution accepting the necessary utility easements.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-143, formally accepting maintenance of
easements for utility purposes in Raintree Corner
Subdivision.
19
BOOK f X911
AUG 17 1993 J
r
Rain Tree Corner Subd.
RESOLUTION NO. 93- 143
BOOK 90 FACE212 -7
7/n6/93(r00n/®an4Dpt)Vlc/nC
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING MAINTENANCE
OF EASEMENTS FOR UTILITY PURPOSES IN
RAIN TREE CORNER SUBDIVISION.
WHEREAS, Indian River County is in the process of installing water
lines in Raintree COrne' Subdivision; and
WHEREAS, in connection with this project, it is necessary for the
County to install its water lines in certain utility easements in Rain Tree
Corner Subdivision, as recorded in Plat Book 9, Page 88, Public Records of
Indian River County, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
hereby formally accepts for maintenance, for utility purposes only, the
utility easements, as offered to the County on the plat of the
above -referenced subdivision.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner M a c h t and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye ,
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 17 day of August , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
�t By
Richard N. Bird
NJeffrey K �, Barton, C ,rk q w C, Chairman
.n
411
L. Approval of Out -of -County Travel - Commissioner Macht
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously approved
out -of -county travel for Commissioner Macht to
attend Fourth Annual Regional Workshop on Land
Acquisition and Management in Winter Park on
September 17, 1993.
PUBLIC HEARING - ST. AUGUSTINEaS REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR EXPANSION OF A PLACE OF WORSHIP
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this Public; Hearing has been properly
advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
'TR.e • t
as a'
Vero Beach, Indian River County, Florida
9 Subject
•Site : ".�
N T .:.
19 to l s
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
KAI Wk
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
I
i
V
Ia
UJ
in the matter of
S T �
NOTICE OF INl11I IC IE ARNO
Ndw of heaig b omalder.ft woo of 8Wdal
in the Court, was pub-
IF NR Um approval b omeauct a oa1m.
barium and en addMlon b an OMV of
gyp• The =*a poorly b owrab by
N• Of CmWb
/
fished in said newspaper in the issues of $
y Ouch. ad
Ixated at 475 43rd Averm h Seedon 18, Tawo- j
a'd RMP 39• $m ft dwo mop for the
eA pulft tW l�iave m wft P� h Ydaeat ad
abaity b d,
oppbe heavA
be held by me Bmrd of Ca.v.fto w of
kdm Sim ChRim
ban Of ft Adni�ym &All.
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
k' 10Qa l at t910 251h � Vao Beadle Flo►-
Ida m Tuesday, August 17.14199 at 9z
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
a.m.
Aoyoe who v" with b
* 'my to Ze
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun•
b
are cher aMsft WO vedmd kck*s 1 "Marl ft p' W=
WW"W=span
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
wAfahthe IS ban q
ANYONE
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for t e purpose of securing this
NEF� A SPECuI A• i
TION FOR THE MEETM MUST CONTACT THE
COUNTY'S AMERICANS WITH onABRfiES ACT
advertisement for publication in the said newspaper.
((�App�A�� COOMMATOR AT 587.9000 x409 AT
f 48 HOURS N ADVANCE OF THE MEET
Sworn to and subscribed fore th'� day f A.D. 19
NOUNRMCMKFY ,
� d4411dwd K 2kd
1018 f9
Jdy21Lt89;4pik
(Bu
r siness Manager)
�Z2�
(SEAL) She !r/or /// � �K Oaf.11a190L
21
AUG 171993
BOOK r":,r �m C-)
BOOK 90 F'AGE 1
The Board reviewed the following memo dated 8/10/93:
TO: James Chandler
County Administrator
DI ION HEAD CONCURRENCE:
Robert M. Keatin , A
Community De/ve''lo men irector
THROUGH: Stan Boling;,' AICP
Planning Director
FROM: Eric Blad e'
Staff Planner, Current Development
DATE: August 10, 1993,
SUBJECT: St. Augustine of Canterbury Episcopal Church Request for
Special Exception Use Approval for Expansion of a Place
of Worship
AA-93-09-096/IRC #93060035-003
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of August 17, 1993.
DESCRIPTION AND CONDITIONS:
Mosby and Associates, Inc., on behalf of the St. Augustine of
Canterbury Episcopal Church, has submitted an application for
administrative site plan approval and special exception use
approval to expand an existing place of worship located at 475 43rd
Avenue. The proposed expansion consists of a 990 square foot
building addition and a detached 3' X 10' columbarium (a vault with
niches for cinerary urns) . Since the site is located within an RS -
3 zoning district, special exception use approval must be granted
for the expansion.
At its regular meeting of July 22, 1993, the Planning and Zoning
Commission voted to recommend that the Board of County
Commissioners grant the special exception use request with the
conditions stated in this report (see attachment #4). The Board
Of County Commissioners is now to consider and grant approval,
grant approval with conditions, or deny the special exception use
request. Pursuant to Section 971.05 of the LDRs, the Board of
County Commissioners is to consider the appropriateness of the
requested use for the subject site and surrounding area. The
County may attach any conditions and safeguards necessary to
mitigate impacts and to ensure compatibility of the use with the
surrounding area.
Staff has reviewed the submitted proposal and has granted
administrative site plan approval subject to Board approval of the
special exception use request. Therefore, the administrative
approval will become effective when the Board of County
Commissioners approves the special -exception use request.
22
ANALYSIS:
1. Zoning Classification: RS -3, Single Family Residential (up to
3 units per acre)
2. Land Use Designation: Low Density -1 (up to 3 units per acre)
3. Surrounding Land Use and Zoning:
North: Residential/RS-3
South: Residential and Forestry Facility/RS-3
East: 43rd Avenue and Residential/RS-6
West: Residential/RS-3
4. Building Area: 990 sq. ft. building addition
30 sa. ft. columbarium
1,020 sq. ft. total
5. Total New Impervious Surface: 875 sq. ft. net increase
6. Open Space: Required: 40.0%
Provided: 74.9%
7. Traffic Circulation: Traffic circulation on the site will not
require any modifications to accommodate the addition to the
church or the columbarium. The existing access to 43rd Avenue
and on-site traffic circulation plan have been approved by the
County Traffic Engineer.
8. Off -Street Parking: Parking requirements for the existing
place of worship and the proposed addition are satisfied by
existing facilities. The addition to the church will provide
office space and storage areas, uses which are considered
accessary to the church and which do not increase the amount
of parking required on the site. The columbarium is also
considered an accessory use to the church and, therefore, has
no required parking.
9. Stormwater Management: The Stormwater Management Plan has
been approved by the Public Works Department.
10. Landscape Plan: The landscape plan is in compliance with
Chapter 926 of the LDRs, including a type "C" buffer along the
southern property boundary. Site work proposed in the area of
the required Type "C" buffer must be conducted and completed
in a manner which will ensure that the buffer remains in
compliance with the LDRs.
11. Utilities: The site is currently serviced by county utilities
for potable water. County wastewater service is not available
to the site at this time. The applicant has executed a
Developer's Agreement with county utilities, acknowledging the
site will connect to the county wastewater system when
wastewater service becomes available.
12. Dedications 6 Improvements: All applicable dedications and
improvements were provided as a result of the previous site
plan review and approval in 1992. During that review process,
the county acquired 10' of right-of-way from St. Augustine
Church property along 43rd Avenue, completing the 100'
ultimate right-of-way required by the county thoroughfare
plan.
13. Specific Land Use Criteria: The following specific land use
criteria apply [reference LDR section 971.28(5)]: .
2`
23
L_ AUG 17199
BOOK 90 FA.Gt 2015
BOOK gO FaCE
�u 2� 6
a. No building or structure shall be located closer than
thirty (30) feet to any property line abutting a
residential use or residentially designated property;
b. Access shall be from a major thoroughfare unless
otherwise approved by the public works department;
C. Any accessory residential use, day care facility or
school upon the premises shall provide such additional
lot area as required for such use by this section and
shall further be subject to all conditions set forth by
the reviewing procedures and standards for that
particular use. Accessory residential uses may include
convents, monasteries, rectories or parsonages as
required by these regulations;
d. Type "C" screening shall be provided along all property
boundaries where the facility is located adjacent to a
single-family residentially designated property. Type
"D" screening shall be provided along all property
boundaries when the facility is located adjacent to a
multiple -family residentially designated property.
All of the above specific land use criteria have been
satisfied by this site plan application.
RECOMMENDATION:
Based on the analysis performed, staff recommends that the Board of
County Commissioners grant special exception use approval for the
requested expansion.
Planning Director Stan Boling pointed out that staff's
recommendation for special exception use approval does not include
any conditions.
Chairman Bird opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously granted
special exception use approval for the expansion of
St. Augustine of Canterbury Episcopal Church, as
recommended by staff.
PUBLIC HEARING - WATER SERVICE TO 102ND TERRACE & 99TH WAY -
RESOLUTION III - (Continued from BCC Meeting of August 10, 1993)
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this Public Hearing is being continued from
August 10, 1993 at which time it was properly advertised.
24
DATE: JULY 23, 1993
FROM: TERRANCE G. PINTO
DIRECTOR OF uTI AAER--VICES
PREPARED JAMES D. CHAST V
AND STAFFED MANAGER OF ASS PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: WATER SERVICE TO 102ND TERRACE AND 99TH WAY .
INDIAN RIVER COUNTY PROJECT NO. UW -92 -35 -DS
RESOLUTION III PUBLIC BEARING
On July 131 19931 the Indian River County Board of County Commissioners
approved Resolution I, 93-120, and Resolution II, 93-121. Resolution I
contained the preliminary assessment roll describing the project and
cost. Resolution II set the date of the public hearing for the subject
project. Property owners have been notified of the public hearing by
certified mail. Resolution 93-120 was published in the gess Journal on
July 19, 1993. (See attached agenda item and minutes of the above
meeting.)
Design of the water distribution system is complete. An informational
meeting was held with the property owners on July 22, 1993. Approval of
the attached Resolution III will confirm and approve the preliminary
assessment. The attached map displays the area to benefit from the
assessment project. The total estimated cost to be assessed is
$1650,810.00. The assessment cost per square foot is $0.068874.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms the
preliminary assA&smsnt on the subject project.
Chairman Bird opened the continuation of the Public Hearing
and asked if anyone wished to be heard in this matter.
Utilities Director Terry Pinto advised that as a result of the
last meeting, staff met with the 6 property owners in this area and
much concern was expressed about the different boundary lines, the
urban service area, the Comp .Plan, and the area that may be
purchased by Conservation and Recreational Lands (CARL). As a
result of this meeting, we felt it was best not to do this project
at this time. We need to discuss these matters further with the
25
AUG 17 1993 BOOK 90 F,, E 2 17
L
AUG 17 3 BOOK 90 PAGE218
property owners and explain to them exactly what is going to happen
there in the future. We think we can accommodate Macho Industries
through a developer's agreement with Macho Industries which will be
brought to the Board for approval at a later date.
Commissioner Eggert asked if we received an update on the CARL
property, and Community Development Director Robert Keating
explained that the CARL program has done the surveying and the
appraisals and he believed that they are presently in negotiations
with Mr. Coraci.
Commissioner Macht understood that nothing we do here will
influence that property, and Director Keating explained that our
position is that a certain amount of the proposed CARL acquisition
is in the urban service area, but most of it is not. Our plan
calls for the extension of services within the urban service areas;
therefore, the line extension is consistent with the Comp Plan and
there should be no change in circumstances that will affect the
CARL acquisition. In addition, the CARL property that is under
consideration here was a 1992 addition to the original CARL
boundaries.
Commissioner Adams recalled how relieved the environmentalists
were to hear that the Macho site was being put on County water and
sewer, and Director Pinto advised that we intend to handle that
situation with Macho through a developer's agreement. That portion
of the system will be built; Macho will connect to water and sewer.
Administrator Chandler advised that this project will be
brought back in the future as a new item.
There being no others who wished to be heard, the Chairman
closed the Public Hearing.
Chairman Bird asked what appropriate action should be taken in
this matter, and Attorney Vitunac advised that the Board could move
to take no action at the request of the applicants and the
Utilities Department.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Eggert, the Board unanimously moved to
take no action on this matter at the request of the
applicants and the Utilities Department.
PUBLIC HEARING - WASTEWATER SERVICE TO 102ND TERRACE AND 99TH WAY -
RESOLUTION III (Continued from BCC Meeting of August 10, 1993)
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this Public Hearing is being continued from
August 10, 1993.
26
Utilities Director Terry Pinto repeated that this project will
be brought back -at a future time. (see above item.)
Chairman Bird opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously moved to
take no action on this matter at the request of the
applicants and the Utilities Department.
PUBLIC HEARING — PURCHASE OF GENERAL DEVELOPMENT UTILITIES — VERO
HIGHLANDS/SHORES
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this Public Hearing has been properly
advertised as follows:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter of "W, -
In the Court, was pub-
lished in said newspaper in the .issues of_LAB 3
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper.
��►unuuay
�..$ R&sjubscribed befgrp me th' a= day of A.D. 19
�,,,, Q`'•••+• V•0•�• .` 31''.'4f�:�_ / .V_
• .. MycO'�n, �,�•��
Nrim
ft:M
�1 • C �j
+yj� ��i€AL1p ••
i;jA PARA Q. SPRAQUE, NOTARY PUBLIC.
Stab of Florida. My Commission kxp. Juno 20,1997
i0onwnission Member: CC30%72
2%
Manager)
.� _ .., NOTICE .• ': '
fie Board of Canny Cammissioners Yot Wert
�r orida. hx+reby provldea ; rake . of
Fl
I�UBLIC�INQ sdceduled for 8:05 aA.M. on,
T August 17; ttiti311 t0 disacss
s� of (ieneal Developmen U Inc
(f9 U) Vero � UtMV System. "' •.
Anyaie who may wish t=o, any declaim which -
t7be reader at thism meed to ensure
Im a verbatim room of the prones 9 gs to made,
twhich, btttudes testimorry .atp..Ovkwr= 1 wlddt
the appeal b based.�'
. ns yowho needs"aN'spedal eccom muton ' forj
:.1Hs may contact the Cormiy's ,Americans
;with Disabilities Act (ADA). CoonMata'^'at 58741
8000, text 408, at." 48�han In: advance of ,the ,
y4
Aug .10 1893. `, i'1020't44
AUG �� BOOK 90 Ft1GE19
807
r �-���� BOOK 90 f',1G
�
AUG � EO
Utilities Director Terry Pinto presented staff's
recommendation that the County purchase the General Development
Utilities facility in Vero Highlands/Shores:
DATE: AUGUST 91 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PI
DIRECTOR OF UT LI SERVICES
FROM: HARRY E. ASHER
ASSISTANT DI R OF UTILITY SERVICES
SUBJECT: ACQUISITION OF GENERAL DEVELOPMENT UTILITIES, INC.
(GDU) VERO HIGHLANDS/SHORES UTILITY SYSTEM
On July 20, 19930 the Board of County Commissioners (BCC)
approved the scheduling of a public hearing on August 17, 1993"
as required by Florida Statute, Section 125.3401, to consider the
acquisition of General Development Utilities, Inc. (Vero
Highlands/Vero Shores utility system).
ANALYSIS
On April 17, 1990, the BCC authorized the Department of Utility
Services (Department) to pursue negotiations for the acquisition
of General Development Utilities, Inc. (an Indian River County
franchised utility) serving the Vero Highlands/Shores area. On
May 8, 1990, the BCC authorized the Department to engage the firm
of CH2M Hill to provide an independent evaluation of the GDU Vero
Highlands/ Shores Utility System. The evaluation was completed
and the Department met with GDU to discuss the possibility of the
purchase of the Vero Highlands/Shores utility system. GDU
advised that the Vero utility system was not for sale at that
time.
On May 3, 1993, the County received GDU's filing for a water and
sewer rate increase as allowed by the franchise. The rate
increase, as requested, would increase the average residential
bill approximately 81.5% for a water -only customer and 155% for a
sewer -only customer.
Analysis of Monthly Billing for a GDQ Combined Water and Bever
Customer at Current and Proposed Rates
Monthly Usage
Cost at *Cost at GDU
Current Rates Proposed Rates
*Cost at
Consultant
Recommendation
0 Gals(Min)
$18.35 $71.60
$38.26
5,000 Gals
$42.30 $90.35
$81.81
71000 Gals
$52.36 $98.33
$99.71
*Both GDU Proposed and Consultant Recommended Rates are subject
to Public Hearing.
28
M
General Development Utilities, Inc., in May 1993, advised the
County that it now wishes to sell its water and wastewater
utility system located in the Vero Highlands/Shores areas. The
Indian River County utility service area surrounds the GDU
franchised area:The County utility system currently supplies
water to GDU to provide water service to the franchised area.
The County's policy has been to acquire such privately -held
utilities and to expand its regional and subregional water and
wastewater facilities. Acquisition of this system will assist
the County in implementing this policy.
As of December 31, 1992, the GDU system served approximately
1,393 water equivalent residential units (ERUs) and 1,324
wastewater ERUs, with an additional 123 ERUs of water and 88 ERUs
of sewer capacity reserved. The projected buildout of the
project is 31724 ERUs.
Analysis of Mys Current and Projected at Buildout
The Wastewater Treatment Plant is designed for 850,000 gallons
per day (GPD) capacity. It is operated as a conventional
activated sludge plant with aerobic digester. The Department of
Environmental Protection permitted capacity of the plant is
450,000 GPD, due to effluent disposal capacity. To increase the
permitted capacity of the plant to the design capacity of 850,000
GPD will require an increase in the effluent disposal capacity.
The projected costs for the facilities to increase the effluent
disposal capacity are included in the revenue requirements for
the system.
The Wastewater Collection System consists of approximately
104,902 feet (19.86 miles) of 4"-16" pipe and nine lift stations
as listed on page S-6 and 6(A) of the 1992 Annual Report
(attached). The system data indicates that the wastewater
collection system is installed to serve an additional 515 lots.
The Net Sewer Utility Plant in Service as of December 31, 1992,
as reported in the 1992 Annual Report, is shown as follows:
sewer
Total Plant in Service $5,930,362
Less Accumulated Depreciation 2,137.925
Net Sewer Utility Plant in Service $3.792.437
The Water Distribution System consists of 82,960 feet (15.71
miles) of 2"-16"'of water mains and 1,251 water meters in service
as detailed on pages W-8 and W-9 of the 1992 Annual Report. The
system data indicates that the water distribution system is
installed to serve an additional 677 lots. The Net Water Utility
Plant in Service as of December 31, 1992, as reported in the 1992
Annual Report, is shown as follows:
29
AUG 7 1993 BOOK 9® FAuE'��
s�
nu /Current
ERUs/7-fines
Available
Projected
ERUs/Buildout
ERUs To
Buildout
Water
1,516
677
3,724
2,331
Sewer
1,412
515
3,724
2,40011
The Wastewater Treatment Plant is designed for 850,000 gallons
per day (GPD) capacity. It is operated as a conventional
activated sludge plant with aerobic digester. The Department of
Environmental Protection permitted capacity of the plant is
450,000 GPD, due to effluent disposal capacity. To increase the
permitted capacity of the plant to the design capacity of 850,000
GPD will require an increase in the effluent disposal capacity.
The projected costs for the facilities to increase the effluent
disposal capacity are included in the revenue requirements for
the system.
The Wastewater Collection System consists of approximately
104,902 feet (19.86 miles) of 4"-16" pipe and nine lift stations
as listed on page S-6 and 6(A) of the 1992 Annual Report
(attached). The system data indicates that the wastewater
collection system is installed to serve an additional 515 lots.
The Net Sewer Utility Plant in Service as of December 31, 1992,
as reported in the 1992 Annual Report, is shown as follows:
sewer
Total Plant in Service $5,930,362
Less Accumulated Depreciation 2,137.925
Net Sewer Utility Plant in Service $3.792.437
The Water Distribution System consists of 82,960 feet (15.71
miles) of 2"-16"'of water mains and 1,251 water meters in service
as detailed on pages W-8 and W-9 of the 1992 Annual Report. The
system data indicates that the water distribution system is
installed to serve an additional 677 lots. The Net Water Utility
Plant in Service as of December 31, 1992, as reported in the 1992
Annual Report, is shown as follows:
29
AUG 7 1993 BOOK 9® FAuE'��
s�
AUG 17 1993BOOK 9 ® FAGE��
Water
Total Plant in Service
Less Accumulated Depreciation
Net Water Utility Plant in Service
$3,059,908
811.778
S2.248.130
sUMMM schedule of Water and surer Plant in Service
Item
Water
Sewer
Total
Total Plant In
Service
$3, 059, 908
$5, 930, 362
$8p990,270
Accumulated
Depreciation
$ 811,778
$2,137,925
$2,949,703
Net Utility Plant
$2, 248,130
$3,792l437
I$6,O4Of567
As a result of this Offer of Sale, the County has been
negotiating the purchase of the GDU water and wastewater utility
system. The negotiated price is $3.000.000, plus closing costs
of approximately $25.000.
As a result of the Offer of Sale and changes in the County rates
from 1990 to 1993, and possible changes in the GDU utility plant
status, the Department requested CH2M Hill to update the 1990
Evaluation Report. The CH2M Hill updated report (copy attached)
indicates a supportable 30 -year levelized debt service of
$8,030,000 under the existing County rates.
Acquisition costs are to be financed from recent bond proceeds,
with debt service to be paid from revenues collected from the
users of the system. The Department proposes to retain the
current GDU line extension charges of $6.51 per front foot for
water and $15.77 per front foot for sewer lines installed and
available for service. This is to assist in the reasonable
recovery of the costs associated with the purchase of the water
and sewer lines currently installed and available for service.
The revenue to be generated from these charges are used in the
revenue projections of the system.
The debt service for the acquisition cost is supported with
revenues generated from the existing GDU customer base with
current County uniform rates. The current County rates are
approximately 19% higher than the current GDU rates, but the
current County rate is 78.96% lower than the GDU proposed rates
for a customer using 5,000 gallons per month.
30
Comparison of Current IRC Rates i Current and Proposed
GDII Rates Based on MonthlyBillinc
Monthly Usage
IRC Current
Rates
GDU Current
Rates
GDU Proposed
Rates
Consultant
Recommended
Rates
0 Gal(Min)
$26.70
$18.35
$71.60
$38.26
5,000 Gals.
$50.49
$42.30
$90.35
$81.81
7,000 Gals
$60.49
$52.36
$98.33
$99.71
*Does Not
Inc. 6% Tax
The water and wastewater system improvements as recommended in
the Updated CH2M Hill Evaluation Report are included in the
revenue requirements supported by -the system.
It should be noted that if the utility is not purchased by the
County and GDU is required to make these improvements, the costs
incurred will be recovered through higher rates to the customers
in the GDU Vero Highlands/Shores service area over and above the
amount requested in their current rate increase request.
Detailed schedules of Utility Plant in Service, Projected First
Year Sales Revenue, Proposed First Year Budget if System is
Purchased, and Comparison of Indian River County and General
Development Utilties Proposed Rates are attached.
Also attached is a copy of the GDU letter acknowledging the
proposed purchase and sale and the tentative purchase price of
$3,000,000.00 subject to BCC approval, and the execution of
agreements acceptable to both parties.
RECOPU ENDATION
Based upon the facts presented in the above analysis and the
attached memo to assure compliance with Florida Statutes, Section
125.3401, the staff of the Department of Utility Services
recommends the Board of County Commissioners' approval of the
purchase of General Development Utilities, Inc. (Vero
Highlands/Shores utility system) at $3,000,000.00, plus closing
costs, approval of the proposed first year operating budget to be
effective with closing, and approval for the Department to
negotiate the final contract to be presented to the BCC for
approval.
31
L_AUG 171993, BOOK 90 F'wjt 223
i
BOOK o 9 FACE 224
0
Director Pinto recalled that after General Development went
bankrupt, it reformed as Atlantic -Gulf, who has made a decision to
sell all of its utilities. They no longer wanted to subsidize
their utilities operations, and in order to promote the sale of the
utilities, they had to bring the utilities into a profitable mode.
They have submitted to the County a request for an increase in
rates for that specific area. The County approached GDU sometime
back when we were looking at the master plan needs, but GDU was not
interested in selling at that time. However, in May of this year
they advised us that they now wish to sell the water and wastewater
utility.
In the matter of negotiations, Director Pinto wished to assure
everyone that staff is very qualified and he is considered an
expert in this field, having 22 years of experience in negotiating
a sale or transition of utilities. He just didn't want that to be
a question in anyone's mind.
Director Pinto advised that to comply with requirements in the
State Statutes, we hired a private consultant to go in and analyze
the system itself, to look at the condition of the system and give
us a report on the existing system. We have negotiated a price of
$3 -million, due mainly to the fact that Atlantic -Gulf has a large
investment in developing that area further and it is to their
advantage to have the County system that they can rely on for
secure and equitable rates. He believed that was the primary drive
in the negotiations which resulted in the $3 -million price. He
felt it is a fair price and that the County can certainly afford it
within its system because of the customer base that is there. It
will not have any detrimental effect on the existing customer base
of the County. It lends itself to the County's needs as far as the
south county area by eliminating the possibility of having two
treatment plants within a stone's throw from each other.
Harry Asher, Assistant Utilities Director, went through the
statutes' requirements:
32
- M
INDIAN RIVER COUNTY, FLORIDA
INTER -OFFICE MEMORANDUM
Date: July 6, 1993
To: James E. Chandler
County Administrator
Thru: Terrance G. Pinto
Director of Utility Services_
From: Harry E. Asher
Assistant Director of Utility Services
(GDUmemo)
Subject: Acquisition of General Development Utilities, Inc.(GDU)
Franchised Area of Vero Highlands/Shores
Indian River County has received an offer of sale from General
Development Utilities, Inc.(GDU). Before Indian River County can
purchase General Development Utilities, Inc. it must comply with
Florida Statutes, Section 125.3401, as stated below. It is the
intent of this report to assist the County with this compliance.
Section 125.3401 - Purchase or sale of water or sewer utility by
county.
No County may purchase or sell a water or sewer utility that
provides service to the public for compensation until the
governing body of the County has held a public hearingon the
purchase or sale and made a determination that the purchase or
sale is in the public interest. In determining if the purchase
or sale is in the public interest, the County shall consider, at
a minimum, the following:
1. The most recent available income and expense statement for
the utility; (Included in 12/31/92 Annual Report Attached)
(Water -Page W -11W-2; Sewer -Page S -2,S-3)
2. The most recent available balance sheet for the utility,
listing assets and liabilities, and clearly showing the
amount of contributions in aid of construction and the
accumulated depreciation thereon; (Included in the 12/31/92
Annual Report Attached)(Assets-Water-Page W -50,W-6; Sewer -
Page S-4,S-5)(Contributions In Aid - Page 9)
3. A statement of the existing Rate Base of the Utility for
Regulatory purposes; (Attached - As submitted with Rate
Filing)
4. The physical conditions of the utility facilities being
purchased or sold;
33
AUGL_ 17 1993 BOOK 9® F,,r X25
r-
AUG
1993
Wastewater Treatment Plant and Collection System
BOOK 90 PAGE 226 1
The wastewater treatment plant is in good operating
condition. GDU being a County franchised utility is
inspected on a quarterly basis by the County staff. GDU has
responded promptly to any deficiencies noted in these
inspections. A copy of the May, 1993,inspection and the
deficiencies noted and GDU's response is attached. There
are currently several maintenance deficiencies associated
with the wastewater plant and collection system. The costs
necessary to correct these deficiencies have been evaluated
and are included in the revenue requirements to maintain the
system.
Water Distribution System
The water distribution system is in good operating condition
with normal maintenance requirements. There are several
maintenance deficiencies with the water system. The costs
necessary to correct the deficiencies have been evaluated
and are included in the revenue requirements to maintain the
system.
5. The reasonableness of the purchase or sales price and terms:
The Net Plant in Service as of 12/31/92 was $6,040,567. The
negotiated purchase price is $3,000,000 plus approximately
$25,000 in closing costs. The purchase price represents a
50% discount in the Net Book Value of the system. The staff
believes that the reason for the opportunity to purchase the
system at this price is solely due to the fact that the
larger GDU systems have been sold. The staff does not
believe that this opportunity would be available in the
future.
The terms of the sale are payment in full at closing.
6. Impacts of the Purchase or Sale price on the Utility
customers:
The current Indian River County utility customers would not
be impacted by the purchase of the utility. This is because
the debt service for the acquisition cost, operational and
maintenance requirements will be supported with revenues
generated from the existing GDU customer base under current
County uniform rates.
A current GDU customer using an average of 5,000 gallons per
month would realize a 19% increase over his current GDU
rate under current County uniform rates. The same customer
could be paying up to 113% more under the proposed GDU rates
as filed in its May,1993, rate increase.
Analysis of IRC and GDU Current Rates
Monthly
Usage
IRC Current
Rates
GDU Current
Rates
Increase on
IRC Rates
Increase
0 Gal(Min)
$26.70
$18.35
$8.35
45.5%
5,000 Gals
$50.49
$42.30
1 $8.19
19.36%
7,000 Gals
$60.49
$52.36
1 $8.13
15.55%
The long-term effect
of service to the GDU
rate environment.
of this purchase will be higher level
utility customer and a more stable
34
7. Additional investment required:
The investment to upgrade the water and wastewater systems
where required, is well within the County's ability, given
the magnitude of financial resources of the County's
water and wastewater system and the County's past, present,
and planned commitments to maintaining and expanding service
to meet effectively and efficiently the water and wastewater
needs of the County's utility service area.
The immediate needs of the system will be met from revenues
generated from the system and_are a part of the revenue
evaluation performed in determining the recommendation to
purchase the system.
8. The alternatives to the purchase or sale and the potential
impact on utility customers:
If the County does not purchase the system the potential
immediate impact on existing GDU utility customers could be
up to an 113.6% increase in monthly utility rates.
If the County does not purchase the system, it could
be purchased by another Utility company which could, if
justified, seek additional increases in rates.
If the current franchise remains private, the utility
customers could be faced with major rate increases necessary
to cover increased regulatory requirements.
The County Utilities Department is currently moving to
regionalize water and wastewater service within the County.
If the County does not purchase the system, a South County
Wastewater Plant must be constructed in the South County
area (currently planned for the South County RO Plant Site
on Oslo Road). The impact on the utility customer could be
higher -costs due to lack of economy of scale.
9. Ability of the purchaser to provide and maintain high
quality and cost-effective utility service:
The County's finished water and wastewater treatment at all
of its plants is in compliance with State and Federal
regulatory requirements, demonstrating the ability .of the
County to provide and maintain high levels of quality and
service. The cost of providing water and wastewater service
is reasonable considering the type and size of the
production and treatment facilities. The County's sources
of funding (i.e., County's water and wastewater impact fee
fund) demonstrate the effective use of capital in financing
improvements to the water and wastewater systems.
Conclusion
The purchase of the General Development Utilities, Inc. (Vero
Highlands/Shores Franchise Areas) benefits both the customers of
the County and General Development Utilities, Inc.. The existing
GDU customers will realize a consistent quality of service and a
stable rate environment.
Indian River County's water and wastewater utility began in June,
1978, with the acquisition of a small utility system in the
Gifford area. The purpose of the acquisition was to improve
water and wastewater service to the residents. Since then, the
utility system has grown from an initial customer base of 300
water and 126 wastewater equivalent residential units.(ERUS)-to
more than 24,049 water and 23,722 wastewater EROS at this time.
The GDU water and wastewater system and'its customers can be
readily incorporated into the County customer base without an
effect on the operating costs of the County facilities, and with
no effect on the rates and charges of existing County customers.
35
BOOK 90 P u &
AUG 171993
r Aug 171993
BOOK 90 FACE 228 -7
Commissioner Eggert asked if staff could put a dollar amount
on the immediate needs of the plant itself, and Director Pinto
advised that it is minimal as far as continuing to operate the
plant to service the existing customers. It probably would take
less than $100,000 to expand the plant to service the existing
customers. At the present time, they are serving 1039 water
customers and 1034 wastewater customers. In order to service the
entire franchise area,•we will be required to be funded by future
connections.
In answer to Chairman Bird's question, Director Pinto
explained that the $3 -million purchase will be funded through an
impact fee fund for the bonds we sold earlier. However, the
revenue for repayment will be raised through the customers of the
utility we are purchasing. In other words, there is enough revenue
in that system to completely carry the purchase price without any
surcharges or additional charges.
Commissioner Adams asked how much acreage is involved in this
purchase, and Director Pinto advised that there is approximately 15
acres at the wastewater treatment plant and 3 acres at the water
plant. The water plant, which is not in use, will be totally
abandoned and removed from the site in the future. GDU has been
purchasing water from us.
Director Pinto recommended that staff be authorized to
negotiate a contract with Atlantic -Gulf, which involves the
approval of the budget for the operation of this facility. Another
very important matter is the opportunity of transfer of their
present employees to the County. Their present employees are
County residents and we are expecting to give those people the
opportunity to continue working subject to the superintendent's
interviews and fitting into the County's salary structure.
Chairman Bird commended Director Pinto and his staff for all
their effort in bringing this about, but he didn't want any
misunderstanding that there wont' be any rate increase because
there will be a rate increase but it will be lower than what they
would have had with GDU.
Director Pinto advised that staff will be asking for a rate
amendment in the area of the service area where there are lines and
people have not connected at this point. GDU has a line extension
fee/connection fee to recover costs which is similar to our
assessment program; however, private utilities cannot do an
assessment program. Staff recommends adopting the rate they are
presently carrying for the connection fees to anyone that connects
to the County system that is not part of an assessment. In other
words, if the lines are put there and you have not been assessed,
36
M M M
you would pay this fee in lieu of the assessment. It would not be
an increase inthe fee, it will be exactly what they are charging
at the present time in the service area. The reason for that is
that we are buying lines that are not being used, in a sense.
There is capacity in those lines for undeveloped areas and they are
not being used, and it is only fair to the existing customers of
the system that new connectors pay their fair share and be part of
the service charges. If we were to go in and build the system, it
would cost us $10 -million and it would be paid for through impact
fees and assessment charges. In lieu of the assessment charge,
there will be a connection fee in this area until we can go back in
there and study the whole area to come up with a more equitable
way.
Commissioner Adams questioned whether we should pick up all
their employees, and Director Pinto explained that we are not
bringing any management staff on board. He emphasized that we have
taken over five utilities in the last few years with no additional
employees. We would not be able to handle this purchase without
hiring those employees; however, the cost of operations is covered
in the revenue received from those utilities.
Commissioner Adams also questioned the need for the additional
meter readers, and Director Pinto explained that the meter readers
will be of help to us in our present assessment project areas.
Chairman Bird asked if it is our intention to bring service to
those areas without service now, and Director Pinto advised that
those areas would be added into our assessment. It would be
handled primarily the same way as one of our assessment projects,
with 10 years to pay. Whenever we expand to service new customers,
the revenue is raised specifically from those customers. It has
nothing to do with the present customer charges.
Chairman Bird just wanted it made clear that it is not going
to be a free ride for those areas that do not have service at the
present time.
Chairman Bird opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Sasan Rohani, 644 25th Street SW in Vero Highlands, spoke in
behalf of many residents in favor of the purchase of the GDU
facility by the County.
Brenda Kramer, resident of Vero Highlands, spoke in behalf of
many residents also in favor of the purchase.
Cecil King, 1746 25th Street SW, urged the Board to approve
the purchase of GDU.
37
BODS 90
AUG 171993 f`� it � �
AUG I 111,01
BOOK 9® FAGE -'30
Mike Mezzina, 1943 Sunset Dr. SW, noted that his current
monthly water bills run $80-$90 and he certainly didn't want to see
any more increases by GDU.
Director Pinto reported that a recent, informal meeting held
at the recreational center in Vero Highlands went very well and it
seemed that everyone was in favor of the County's purchase of the
utility.
There being no others who wished to be heard, Chairman Bird
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously approved
staff's recommendation for the purchase of the GDU
facility for $3 -million, with the details to be
worked out.
PUBLIC HEARING - PETITION WATER SERVICE RAINTREE CORNER
SUBDIVISION
The hour of 9:05 o'clock a.m. having passed, the County
Attorney announced that this Public Hearing has been properly
advertised as follows:
' VERO BEACH PRESS -JOURNAL ,
I
Published Daily
Vero Beach. Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the authority appeared J. J. Schumann, Jr. who on oath
� COtI County ' COmmissiamsL Of
- Eby prpyldgg lf,pt
PUBLIC'
undersigned personally
says thathe Is Business Manager the ro Beach Press -Journal. a daily published
�tEp ;�pp;�yyi,a' Id
Tuesday Futlon Augu9'n'7 -to, ss$a
big
at Vero n Indian River Counrida; that he attached copy of advertisement,
ty, ty, Flo
qaper
tf 9933 pr
hPECIAL} ASSES'
nInden
PROJECT River
Of WATER 'SERVICE TOO .. ounty for they ins!
RfAINTRsS
a -�•
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SUBDIVISION,.: and— prpyld�
Inert Dens to be: Reade, ot, reOWd,,cn th_e .prr
to be served, o
in the matter of
- _ - -_-
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Anyone Who may Wish W* .a al
-
May be made at th .,Mee Wig nee
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to
that a, verbatbn tecwd of, the prooatKMp
the WhthIncludes la based.,+y. � !lpon
In the Court, was pub-•8PftIal
lraccon npdaff
it A one twhho' rleed8 a ^ I
with #*^t1' g Arr
lished In said newspaper in the Issues of
D1sab�itlA� AD"W'contaCt
8000, Ext. 408! •at (ADA) Coordinators of
least 48 Maas: in Wvance
Inee
J 7 +;FO;iti Aug. 8, 1993�;��r
i�t�
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 period of one year next preceding the firs! publication of the attached copy of
Y P Y 9
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.
bef 's day D. 19 �—
met o
,..%w C ,So and subscribe),
.` _
A,qp je-,^
=•�PQ.• c1�TA . •9�'s - (usiness ManaaArl
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JU IV
_ N0. 97
. ; 9 /,., G •; BARBARA C. SPRAGUE, NOTARY PUBLIC,
•• �� •"tlL; State
\OP,.`. of Florida, My Commieiwn ESR Ame 29.1997
%.,,,�0 FL�Q; �..•' Coinni-lb" Nti ilber; CC2W6?2
38
James Chastain, Manager of Assessment Projects, presented
staff's recommendation for approval of the preliminary assessment
on the project:
DATE: AUGUST 6, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT ERVICES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF ASS NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE IN RAINTREE CORNER
SUBDIVISION (54TH AVENUE, SOUTH OF 12TH STREET)
INDIAN RIVER COUNTY PROJECT NO. UW -93 -08 -DS
RESOLUTION III - PUBLIC HEARING
On July 27, 1993, the Indian River County Board of County
Commissioners approved Resolution I (93-125) and Resolution II
(93-126). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified.of the public hearing by certified mail. Resolution I
(93-125) was published in the Vero Beach PRESS JOURNAL on August 2,
1993 (see attached agenda item and minutes of the above meeting).
ANALYSIS
Design of the water distribution system is complete. An
informational meeting has been scheduled with the property owners on
August 9, 1993. The total estimated cost to be assessed is
$37,247.70. The cost per square foot is $0.09864980467. Approval
of the attached Resolution III will confirm and approve the
preliminary assessment. The attached map displays the area to
benefit from the assessment project. This project is to be paid
through the assessment of property owners along the proposed water
line route. In the interim, financing will be through the use of
impact fee funds.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project.
Chairman Bird opened the Public Hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
Public Hearing.
39
AUG 17 1993
BOOK 90 F GE 1.31
r AUG 17 1°?93
BOOK 90 PAGE 232
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-144, confirming the special
assessments in connection with a water main
extension to Raintree Corner Subdivision (54th
Avenue), and providing for special assessment liens
to be made of record.
Public Hearing (Third Reso.) 8/3/93(legal)Vk/DC
RECORD VERIFIED
JEFFREY K. BARTON
JLERK CIRCUIT COURT
RESOLUTION NO. 93- 144 INDIAN RIVER CO., FLA
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING
THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN
EXTENSION TO RAINTREE CORNER SUBDIVISION (54TH AVENUE),
AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD,
WHEREAS, the Board of County Commissioners of Indian River County
has, by Resolution No. 93-125, adcpted July 27, 1993, determined to make
special assessments against certain properties to be serviced by a water
main extension of the County to Raintree Corner Subdivision (54th
Avenue); and
WHEREAS, said resolution described the manner in which said special
assessments shall be made and how said special assessments are to be
Indian River County Code; and
40
es
paid; and
O
]
o
WHEREAS, the resolution was published in the Press Journal, as
t
c.
ii
0 q
C�
required by Section 206.04, Indian River County Code; and
b
WHEREAS, the Board of County Commissioners of Indian River County
C/
passed Resolution No. 93-126, on July 27, 1993, 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 206.07,
Indian River County Code; and
40
RESOLUTION NO. 93-__144
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, July 30, 1993, and
Friday, August 6, 1993 (twice one week apart; the last being at least
one week prior to the hearing), as required by Section 206.06, 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 206.06, Indian River
County Code; and
WHEREAS, the Board of County Commissioners of Indian River County
on Tuesday, August 17, 1993, at 9:05 a.m. conducted the public hearing
with regard to the special assessments,
NOW, THEREFORE, BE IT RESOLVED BY TH.I.BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as follow.:
1. 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.
2. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
The resolution was moved for adoption by Commissioner Adams
and the motion was seconded by Commissioner Eggert , and, upon being
put to a vote, the vote was as follows:
'Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 17th day of August, 1993.
Attachment: ASSESSMENT ROLL
ttost: .
!•Jn frey X. yBa�rf *t/JJj Clerk (j��• C
:01
BOARD OF COUNTY COMMISSIONERS
INDIAN RIOUN�TY,� FL/�OR/ID�A'�
By --- VER
41
Richard N. Bird
Chairman
BOOK 0 FA, 93"
AUG 171993 Boa 90 FnE2.34
SELECTION OF CONSULTANT FOR 800MHz PUBLIC SAFETY TRUNKING RADIO
COMMUNICATIONS STUDY
The Board reviewed the following memo dated 8/9/93:
TO: Board of County Commissioners
THROUGH: Jim Chandl, C unty Administrator
FROM: Doug Wright,` irector
Emergency Services
DATE: August 9, 1993
SUBJECT: Selection of Consultant For Comprehensive 800MHz Public
Safety Trunking Radio Communications Study - RFP #3113
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS
On June 8, 1993, the Board of County Commissioners authorized staff
to proceed with the process of selecting a consultant to complete a
comprehensive 800MHz Public Safety Trunking Radio Study to include a
review of existing communications equipment.
The Purchasing Department advertised RFP #3113 on June 30 and July 7,
1993, and the request was sent to fourteen (14) firms. A total of
five (5) responses to the RFP was received and opened July 21, 1993.
A selection committee was designated on July 26, 1993, and
subsequently approved by County Administrator Jim Chandler. The
selection committee consisted of the following individuals:
Earle Petty, Chief of Police, City of Sebastian
Terry Williamson, Captain, Vero Beach Police Department
John Gisler, Captain, IRC Sheriff's Department
Otis Humanes, Fire Chief
Tim Phalen, Assistant EMS Chief
Howard Rent, Chief, Fellsmere Police Department (Absent)
Doug Wright, Director, Emergency Services
Tommy Boisvert, Indian River Shores Public Safety Director (Absent)
Don Klein, Director of Technology, School District
John Ring, Emergency Management Coordinator
The five (5) firms who responded to the RFP were as follows:
Omnicom, Inc., Tallahassee, Florida
Green Consultants, Vero Beach, Florida
Raymond C. Trott Consultanting Engineers, Inc., Irving, Texas
Pallans Associates, Coral Springs, Florida
Henkels & McCoy, Inc., Blue Bell, Pennsylvania
The five firms were formally interviewed on'August 6, 1993, and at
the conclusion of the interviews, the selection committee ranked the
consultants as follows:
1. Pallans Associates
2. Omnicom, Inc.
3. Raymond C. Trott Consultanting Engineers, Inc.
4. Henkels & McCoy, Inc.
5. Green Consultants
42
r � r
Staff now requests authorization to proceed with negotiations for a
contract.
ALTERNATIVES AND ANALYSIS
The selection committee was somewhat larger than usual since several
municipalities and agencies wanted to be represented.
The firms were not shortlisted by the selection committee before
formal interviews due to the limited number of responses. It was
deemed important to obtain as much information as possible regarding
each consultant since this is a substantial project that could
potentially affect the communications of all governmental entities
within the County. Staff submits the extra time spent in
interviewing the consultants was well spent and total fairness was
achieved.
RECO14MENDATION
Staff recommends that the Board approve the actions of the selection
committee and requests authorization to proceed with negotiations for
a contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
staff to proceed with negotiations for a contract
with the highest ranked firm.
REFINANCING OF RECREATIONAL BONDS - GOLF COURSE
OMB Director Joe Baird reported that a decision was made to go
to market yesterday on the refinancing of the golf course bonds
that was approved in March of this year on the first 18 holes and
the second 18 holes at Sandridge. He felt we were pretty fortunate
to get a rate of 4.596 percent and an annual savings of $30,815.
Staff is asking the Board to approve the bond purchase contract and
the necessary changes in two resolutions. He noted that with us
today are Art Diamond of Fishkind Associates, Ed Bulleit of
William. R. Hough & Co., and Chuck Seick, the County's bond
counsel.
Art Diamond of Fishkind Associates, financial advisor to the
County, explained that a refinancing is really judged by the spread
between the taxable bonds and tax-exempt bonds. Over the last few
months we have seen the treasury bonds declining at a faster rate
than municipals, so when the spread between the treasury bonds and
the municipal bonds finally came into proper prospective last
Friday, the decision was made to go to market. Mr. Diamond felt
the average interest rate of 4.965 percent is pretty good. Quite
frankly, we had a bird in hand and decided to go with that.
Ed Bulleit of William R. Hough & Co., underwriters, emphasized
that the $30,815 annual savings is the best figure they have looked
at in many, many weeks. He distributed copies of a pricing summary
showing the various rates and yields on the bonds, a copy of which
is on file in the office of the Board of County Commissioners.
43
BOOK 9 FADE 9:35
FF --AUG 171993
8001( 0 f'Ai;E
Chuck Sieck, the County's bond counsel, explained that the
first resolution authorizes the issuance of these bonds and the
retirement of the outstanding recreational bonds. The second
resolution specifies certain terms and provisions for the
$9,875,000 aggregate principal amount and accepts and authorizes
the execution and delivery of a bond purchase agreement for the
award to William. R. Hough & Co, along with other details of the
issue.
Chairman Bird again commended the finance team on the savings
attained through the refinancing of the bonds.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-145, authorizing the retirement of
certain outstanding recreational revenue bonds of
the county, etc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-146, specifying certain terms and
provisions for the $9,875,000 aggregate principal
amount of Recreational Revenue Refunding Bonds,
Series 1993; accepting and authorizing the execution
and delivery of a bond purchase agreement for the
award and sale of the bonds, etc.
RESOLUTIONS 93-145 AND 93-146 ARE ON FILE IN THEIR ENTIRETY IN
THE OFFICE OF THE CLERK TO THE BOARD
e
44
INDIAN RIVER COUNTY, FLORIDA
RESOLUTION NO. 93- 145
A RESOLUTION AUTHORIZING THE RETIREMENT OF CERTAIN
OUTSTANDING RECREATIONAL REVENUE BONDS OF THE COUNTY;
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,875,000
RECREATIONAL REVENUE REFUNDING BONDS, SERIES 1993, TO
PROVIDE FUNDS FOR SAID RETIREMENTS; PROVIDING FOR THE
RIGHTS OF THE REGISTERED OWNERS OF SAID BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
X. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA:
SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant
to Chapter 125, Florida Statutes, Ordinance No. 77-19 of the County, as amended,
and other applicable provisions of law.
SECTION 2. DEFINITIONS. The following terms shall have the following
meanings in this Resolution, unless the context otherwise clearly requires:
A. "Act" shall mean Chapter.125, Florida Statutes, Ordinance No. 77-19
of the County, as amended, and other applicable provisions of law.
B. "Additional Parity Bonds" shall mean.: additional bonds issued in
compliance with the terms, conditions and limitations contained herein which have
an equal lien on the Pledged Funds, as herein defined, and rank equally in all
respects with all other Bonds issued hereunder as to lien and security for
payment.
C. "Authorized Investments" shall mean those investments specified in
Exhibit A attached hereto and such other investments as are approved by the
Series 1993 Bond Insurer, provided that such investments are at the time lawful
investments for the funds involved under the laws of the State of Florida,
including without limitation Section 125.31, Florida Statutes.
D. "Board" shall mean the Board of County Commissioners of Indian River
County, Florida.
E. "Bonds" shall mean the Series 1993 Bonds together with any Additional
Parity Bonds hereafter issued hereunder.
F. "Bond Registrar" shall mean with respect to any particulat series of
Bonds issued hereunder the bond registrar for said series of Bonds to be
determined by subsequent resolution of the Board, which shall be a bank with
trust powers or a trust company.
G. "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.
H. "County" shall mean Indian River County, Flotida.
w
AUG 171993 BOOK U� `1u . 9t37
BOOK
90 PAGE .
INDIAN RIVER COUNTY, FLORIDA
RESOLUTION NO. 93 - I—IL6
A RESOLUTION SPECIFYING CERTAIN TERMS AND PROVISIONS FOR
THE $9,875,000 AGGREGATE PRINCIPAL AMOUNT OF
RECREATIONAL REVENUE REFUNDING BONDS, SERIES 1993, OF
INDIAN RIVER COUNTY, FLORIDA; APPROVING, ACCEPTING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT FOR THE AWARD AND SALE QF 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 RETIREMENT OF THE RETIRED
BONDS;' AUTHORIZING THE EXECUTION AND DELIVERY 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. 93- 145, duly
adopted on August 17, 1993 (the "Resolution"), authorized the issuance of
Recreational Revenue Refunding Bonds, Series 1993, in an aggregate principal
amount not to exceed $9,875,000 (the "Bonds") and authorized the retirement of
the Retired Bonds, as defined in the Resolution;
WHEREAS, it is necessary and desirable to specify certain terms and
provisions with respect to the Bonds;
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;
46
M ® M
AIR QUALITY STUDY - CLAYTON ENVIRONMENTAL SERVICES
The Board .reviewed the following memos dated 8/11/93:
TO: James Chandler, County Administrator
TBRU: Jack Price, Personnel DirectorX�
FROM: Beth Jordan, Risk Manager
DATE: 11 August 1993
SUBJECT: Contract for Services; Clayton Environmental Consultants
Attached, for Board consideration and as a follow up to Board
direction on August 3, 1993, please find a proposed contract with
Clayton Environmental Consultants for an indoor air quality
evaluation of the Utilities/Solid Waste Disposal District offices
in the County Administration Building.
In addition to the contract, we have also obtained resumes of the
individuals who will participate in the evaluation as well as
information on the independent laboratory which they will use for
testing. That information is also attached.
The County Attorney's Office has suggested the following changes,
which are being considered by Clayton's contracts officer. Mr.
Griffin, our liaison, has indicated verbally that there should be
no problem with making the changes which are:
11. Strike indemnification language by County such that
the final sentence of the first paragraph reads: "Client waives
any claim against Clayton except to the extent such loss results
from Clayton's negligence." Continuing onto the next page, the
first sentence will read: "In the event that any of Clayton's
activities hereunder are at Client's site, Client will assume sole
and complete responsibility for the project site, including safety
of all persons and property except to the extent such liability
arises from the negligence of Clayton."
113. (b) Change first sentence to read: "Fees shall be
paid pursuant to the Florida Prompt Payment Act, F.S. 218.70."
Strike second sentence in its entirety.
13.(c) Change number of days to "thirty (30)."
13.(d) In first sentence, delete reference to thirty
(30) days and replace with "the time allowed by F.S. 218.70."
18. and 19. Delete references to Client defending,
indemnifying and/or releasing Clayton from liability "except to the
extent caused by the neglect or willful misconduct of Clayton, its
officers, directors and employees."
Staff recommends Board approval
understanding that these change
by the Chairman.
of the proposed contract, with the
s are to be made prior to execution
47
UG � � 1993 BOOK 90 F�; 9739
BOOK 90 FA;F 240
AUG 17 1993
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director iz;-u
FROM: Beth Jordan, Risk Manager
DATE: 11 August 1993
SUBJECT: Indoor Air Quality Complaints; Third Floor
To follow up on our recent conversations, we received from you on August 4 a copy of
the Air Quality Study Petition which you received on that date from fourteen (14)
employees on the third floor of the County Administration Building. (A fifteenth employee
signed several days later). We had no record of past complaints for that area.
Immediately upon receipt of the petition, I went to the third floor, accompanied by Roger
Moore, Safety Coordinator, and Lynn Williams, Building and Grounds Superintendent.
We used the petition list to contact as many employees as possible during that afternoon
visit. This immediate response was in keeping with all other similar complaints which
have been received from the Utilities/SWDD area.
Personal interviews with . employees included questions about their specific physical
complaints; any medical care received, including physician care, prescription medication,
over-the-counter medications; onset of symptoms, including when symptoms
began/begin, any correlation to season, day, time of day, outside temperature, interior
temperature; any odors detected; abatement of symptoms, with information similar to
onset; and any general information the employees could offer. The results of our
interviews with the eight (8) employees contacted that afternoon are available in my office.
Several of the interviewed employees' complaints centered on air circulation with
accompanying fatigue. Mr. Williams' staff immediately began work on the following
morning to adjust the HVAC system on the third floor, and we believe that many of the
complaints can be answered, through such mechanical solutions. In the meantime, we
have received from Clayton Environmental Consultants a copy of the indoor air quality
questionnaire which they use as a beginning step in air quality testing, and we have
attached a copy. You will note that it essentially covers the areas we addressed during
our interviews, but it affords employees the opportunity to record their complaints, in their
own words, and add any additional information which they believe will be significant. For
that reason, we have distributed the questionnaire to third floor employees and asked that
they return them to our office.
As always, we will keep you completely informed on any further developments with this
issue, and ask that you contact us with any questions.
Administrator Chandler advised that it is the general
consensus that the situation on the third floor is*different from
that in the Utilities and SWDD area, and staff is not recommending
expanding the study.
48
Risk Manager Beth Jordan, elaborating on the findings of the
questionnaires filled out by employees on the third floor, reported
that 50 questionnaires were distributed and 21 were returned, so
the results are not statistically accurate in that less than half
were returned. A couple of complaints tend to track through the
survey which were different than those received from the Utilities
Department and SWDD areas when those employees were asked very
similar questions by a different environmental firm. The employees
cite stuffiness and cigarette smoke. Lynn Williams of Building &
Grounds began checking the air movement on the third floor last
Friday. It seems that employees are opening windows to vent the
odors, which brings in warm, humid air and creates more air
movement problems.
Commissioner Adams asked if smoking was permitted in the
building, and Mrs. Jordan explained that smoking is not permitted
in the offices operating under the direction of the Board of County
Commissioners through the County Administrator. However, the
Constitutionals in the Administration Building have their own rules
with respect to their offices.
Attorney Vitunac advised that the person(s) in control of an
office can designate certain areas as non-smoking areas, but we can
look into setting non-smoking areas for the entire building.
Commissioner Eggert was concerned after reading the Minutes of
the last BCC meeting that the new questionnaires would not be
circulated to employees throughout the entire building. She felt
it might be simpler to allow all employees to have a voice in this
matter.
Commissioner Macht felt the study might be invalid if we did
not sample the entire building because all areas have the same air-
conditioning system, carpeting, glue, etc.
Commissioner Adams asked what the extra cost would be to
distribute questionnaires to the entire building, and Administrator
Chandler felt the cost would not be that much more.
Commissioners Adams, Tippin and Eggert had differences in
opinion on catering to employees and whether to allow staff to
continue doing the questionnaires or whether to have a formal
survey done by an outside firm which would make the employees feel
they are being taken seriously.
Commissioner Tippin was appalled that some people are
continuing to smoke in this building, especially the
Constitutionals.
General Services Director Sonny Dean reminded the Board that
he has had rumblings from people in other buildings, too, and
wondered if the Board wanted to consider expanding the study to
49
AUG 1 1 1993 BOOK 90 f';GE �4
r AUG 17 195
BOOK 90 PA - 942
include the older buildings owned by the County or perhaps just
distributing the questionnaires to the employees in those
buildings.
Mrs. Jordan clarified that the questionnaire distributed to
the employees on the third floor is the Clayton questionnaire.
Attorney Vitunac advised that the person in charge of the
building area, which in this case is the Board of County
Commissioners, can designate the entire building as non-smoking.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
prohibited smoking in every part of the County
Administration Building.
Commissioner Macht noted that we still need a decision on the
questionnaire.
ON MOTION by
Commissioner
authorized
questionnaire
building.
Commissioner Eggert,
Tippin, the Board
the Risk Manager to
to employees in
SECONDED by
unanimously
send the
all parts of the
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the contract with Clayton Environmental Consultants
for a study of the Utilities and SWDD areas.
Administrator Chandler advised that people will not be allowed
to smoke outside the exit door leading to 26th Street because that
smoke would be pulled into Director Pinto's office through the
separate air-conditioning system that was installed recently.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
50
MISCELLANEOUS INTERSECTIONS IMPROVEMENTS PROJECT
The Board .reviewed the following memo dated 8/9/93:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Robert Zaitooni, P.E.
County Traffic Engine r
SUBJECT: Miscellaneous Intersections Improvements Project
DATE: August 9, 1993
DESCRIPTION AND CONDITIONS
Indian River County solicited proposals from Professional Engineering
Consultants to provide design services for the improvements needed at
seven (7) intersections within the County.
The Selection Committee consisted of Robert B. Zaitooni, County Traffic
Engineer, Terry B. Thompson, Capital Projects Manager and Michelle
Gentile, Civil Engineer. The Committee reviewed submittals, short-listed
three firms, and interviewed the short-listed firms. The resultant
ranking of firms by the Selection Committee is as follows:
1. Ri.mley-Horn and Associates, Inc.
2. Reith and Schnars
3. Lawson, Noble and Associates, Inc.
The Committee recommends that staff be authorized to negotiate a contract
with the highest ranked firm.
Funding is from Road Impact Fee Account.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized staff to negotiate a contract with the
highest ranked firm.
51
BOOK �0 P",,E 943
AUG 17 1993 BOOK
LICENSE AGREEMENT WITH VERO BEACH COUNTRY CLUB
The Board reviewed the following memo dated 8/10/93:
90 FAcF 244 7
TO: James Chandler
County Administrator DATE: August 10, 1993
TBROUM Roger D. Cain, P.E/
County Engineer ltv
FROM: Terry B. Thompson, P.E. 00'
Capital Projects Manager
SUBJECT: License Agreement
Indian River County and the Vero Beach Country Club
DESCRIPTION AND CONDITIONS
Attached is a license agreement that allows the Vero Beach Country Club
to utilize and maintain a 2.46 acre parcel located west of Indian River
Boulevard. The license allows the Country Club to use this parcel for
golf course and landscaping improvements only.
The license reserves the Boards Is right to terminate and cancel the
license, if the property is needed for a public purpose such as, widening
of Indian River Boulevard or for environmental mitigation.
Staff feels that this license will protect the County's interest, while
allowing the Vero Beach Country Club to reconfigure the east end of the
golf course. The Country Club will pay the County a yearly fee of $200
per acre.for a total of $492.
Staff recommends that the Board authorize the Chairmen to execute the
attached license.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Exclusive License Agreement for Use of County
Property, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PURCHASE AUTHORIZATION - 45TH ST. RIGHT-OF-WAY ACQUISITION -
SELIGSON PARCEL. IR BLVD. PHASE IV
The Board reviewed the following memo dated 8/5/93:
52
TO: James E. Chandler -
County.Administrator ,
THROUGH: James W. Davis,
L
E.Public Works Dirtor
and
Terry B. Thompson, P.
I!
Capital Projects Manager
FROM: 7 nald G. Finney, SRA
County Right of Way Agent
BUBJECT: Purchase Authorization; 45th Street Right -of -Way
Acquisition, Seligson Parcel, Indian River Boulevard,
Phase IV
DATE: August 5, 1993
Indian River County is planning to widen and pave 45th Street east
of U.S. Highway #1 to Indian River Boulevard, Phase 4. This
additional right-of-way is the last parcel to acquire to accomplish
the project. The right-of-way parcel is a .21 acre CH zoned parcel
on the southeast corner of U.S. #1 and 45th Street. Mr. Seligson
has agreed to sell at $35,000, and has executed the Contract For
Sale And Purchase. The July 9, 1991 appraised value is $31,248.
The contract price is less than the total costs to acquire by
condemnation. There are no additional attorney's or Realtor's
fees.
Staff requests the Board accept the $35,000 contract and direct the
Chairman to execute the contract on the Board's behalf.
FUNDING
Funding is available in Account No. 309-215-541-066.12
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the $35,000 contract for the Seligson parcel, as
recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PROPOSED SLUDGE/SEPTAGE ORDINANCE
The Board reviewed the following memo dated 8/5/93:
53
AUG 171993 BOOK U0 Fri E 945
r Aug 17 1993
DATE: AUGUST 3, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:CE G. PI 7er
DIRECTOR OF UTILITY SERVICE
STAFFED AND
PREPARED BY: HARRY E. ASHE2A
ASSISTANT DI %OF UTILITY SERVICES
SUBJECT: SLUDGE/SEPTAGE ORDINANCE
BACKGROUND:
BOOK 90 PAGE 246 -7
As authorized by the Board of County Commissioners on January 29,
1991 (copy attached), the County advertised and received bids for
the Sludge/Septage Project on August 28, 1991. After review of the
bids by the County and the Florida Department of Environmental
Protection, and.calculation of final projected costs, the County
issued the Water and Sewer Series 1991 Bonds to finance the project
(combined with an Environmental Protection Agency construction
grant). To finance the project, it was important for the County to
require that treatment of sludge and septage in the unincorporated
areas be only through the County facilities.
ANALYSIS:
The County issued the Notice to Proceed on the project in February
1992, and the project is now complete. The sludge/septage plant
will officially begin accepting sludge/septage from commercial
haulers on August 1, 1993.
The County has historically experienced illegal dumping of
sludge/septage as evidenced by the attached articles.
The Department believes that improper sludge/septage disposal by
land spreading and other such methods is a serious threat to the
health, safety, and welfare of residents of the unincorporated
areas.
The Department recognizes that the City of Vero Beach (City) is
currently land applying its sludge. The City advised when it backed
out of participation in the County plant, and in subsequent meetings
with the County, that it proposes to build its own sludge treatment
facilities. The Department recognizes that this ordinance would
propose a problem with the City unless an interim agreement is
negotiated, but the Department, with the completion of the
sludge/septage facilities and its commitments under the revenue
requirements for the bond issue, cannot delay passage of the Sludge
and Septage Ordinance.
The County has received the City's response to the proposed
ordinance (copy attached). The Department believes the County
facilities are adequate for disposal on an interim basis for the
City and does not recommend an extension of time (license
agreement).
RECOMMENDATION:
The staff of the Department of Utility Services recommends the Board
of County Commissioners approval of the proposed Sludge and Septage
Ordinance, which prohibits treatment and disposal of sludge and
septage anywhere in the unincorporated areas of Indian River County,
except through facilities of Indian River County, and authorize a
date for the required Public Hearing.
54
Chairman Bird noted that we have received the following letter
from Mayor Smith asking us to delay consideration of the proposed
ordinance for 30 days during which time they would like to have a
joint meeting to discuss this matter:
City of Vero Beach
aK61213)�js, 1053 -20th PLACE - P. 0. BOX 1389
�C VERO BEACH, FLORIDA - 32961-1389
cp i i nen
OFFICE OF THE Tikphow: 567-5151
� !�
MAYOR .� RECEIVED ^�
C
WARD COUNTY
!� COMMISSIONERS1� f August 12, 1993
Mr. Richard M. Bird, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Chairman Bird:
It has just come to my attention that County staff have scheduled
a hearing on its regular Commission agenda of August 17, 1993,
regarding an Ordinance to prohibit the landspreading of sludge on
lands throughout the County. Inasmuch as landspreading is an
approved sludge disposal technique by the Environmental Protec-
tion Agency, this limitation will severely impact the customers
of -the City of Vero Beach wastewater system. This Ordinance, if
passed, will impose an unnecessary, but significant, additional
cost on the Vero Beach wastewater system. This cost, naturally,
will be passed on to the customers of the wastewater system
through higher rates. Because of the punative effect this Ordi-
nance will have, I suggest the following:
1. You defer the first reading of this Ordinance for a 30 -day
period.
2. Within the 30 -day period, we will arrange for a joint meet-
ing between the City Council and the County Commissioners to
discuss the pros and cons of such action to determine if a
more favorable solution can be found.
Your kind consideration of this request is greatly appreciated.
ve truly yours,
Jay Smith
Mayor
55
UG 171993 BOOK 90
/ AUG 17199
r
900K 90 F,1�E248
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously scheduled
a joint meeting with the City of Vero Beach on
Wednesday, August 25, 1993, at 4:00 p.m. in the 1st
Floor Conference Room of the County Administration
Building.
DISCUSSION ON HAVING CONSULTANT DO UPDATE OF IMPACT FEES
DEVELOPMENT OF WASTEWATER REUSE RATES, AND CALCULATION OF SEPTAGE
RATES
The Board reviewed the following memo dated 8/5/93:
DATE: AUGUST 5, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. IR
DIRECTOR OF CES
PREPARED HARRY E. ASH
AND STAFFED ASSISTANT DIUTILITY SERVICES
BY:
SUBJECT: AGREEMENT TO FURNISH ECONOMIC AND FINANCIAL
CONSULTING SERVICES TO INDIAN RIVER COUNTY
WORK AUTHORIZATION NO. 1 - UPDATE OF IMPACT
FEES, DEVELOPMENT OF WASTEWATER REUSE RATES,
AND CALCULATION OF SEPTAGE RATES
BACKGROUND:
On July 13, 1993, the Board of County Commissioners approved the
Agreement to Furnish Economic and Financial Consulting Services
to Indian River County with CH2M Hill (copy attached). The
Department of Utility Services (Department) has identified the
need to review certain fees and charges as they apply to its
current rate resolution.
ANALYSIS:
The Department has identified the need to review its fees and
charges in the following areas:
1. Impact Fees - Due to the County's new water and
wastewater master plan.
2. Review existing Wastewater Reuse Agreements and coststo
calculate proposed wastewater reuse rates.
3. Calculation of fees for septage discharge into the
County's wastewater system.
56
The Department has negotiated the attached Work Authorization No.
1 (copy attached) under the Master Agreement to address the above
needs. The Work Authorization No. 1 will be composed of five
tasks as follows:
Task 1:
Task 2:
Task 3:
Task 4:
Task 5:
RECOMMENDATION:
Collect Data
Impott Fee Data
Septage Rate Data
Reuse Data
Impact Fees
$1,646.00
1,646.00
1,682.00
Prelim Fee Calculations $3,018.00
Prelim Line Ext. Fees 1,317.00
Finalize Rate/Fee Calcs 21193.00
Septage Rates
$4,974.00
$6,528.00
Septage Cost Analysis $1,430.00
Septage Rate Design 482.00
Septage Rate Revision 11017.00 $2,929.00
Reuse Rates
Prelim Reuse Calcs $6,724.00
Finalize Reuse Water 4,235.00 $10,959.00
Present Results
Draft Report $6,626.00
Final Report 3,535.00
Present Results 41243.00 $14,404.00
Total Cost: $39,794.00
The staff of the Department of Utility Services recommends the
Board of County Commissioners' approval of the attached Work
Authorization No. 1 --Update of Impact Fees, Development of
Wastewater Reuse Rates, and Calculation of Septage Rates --and
authorize execution of Work Authorization No. 1.
Commissioner Adams had a serious problem with not doing the
rate structure in-house and saving $40,000, especially since some
of these figures are only two years old.
Utilities Director Terry Pinto explained that staff is geared
to handle the everyday needs of the operating utility. It has been
the requirement in the past to have someone from the outside to
come in and analyze these numbers to give an assurance of an
independent look at what the needs are in the county.
57
Boo!( 90 F,;r ��
BOOK CJ FnE 1
� 5®
Commissioner Eggert asked why the 2 -year old numbers are not
good any longer, and Director Pinto explained that we have had
major changes in the master plan for impact fees. The design of
the system has been altered, and that alters the cost. The
effluent costs have changed, as well as the method we have chosen
to use.
Commissioner Adams felt that staff knows these figures best of
all and what needs to be done. In fact, they would have to supply
all the data to the consultant.
Director Pinto stated that if the Commission and the people
are willing to accept the in-house figures, they certainly could do
it in-house. There are areas where our expertise needs some
assistance, such as the calculation of the reuse rate and how to
adopt that rate into our rate structure. When you talk about
having it done in-house, you are talking about having it done by
Terry Pinto and Harry Asher. He felt confident that they could do
this type of work, but it is a question of allocation of time.
Administrator Chandler noted that considerable time is needed
in the negotiations and closing out of the GDU facility in Vero
Highlands/Vero Shores. He recommended, from a practical viewpoint,
going to an outside firm in order to get an independent opinion and
because he didn't think we had the time to do this in-house.
Commissioner Adams just didn't feel we need a rocket scientist
to do this.
Commissioner Tippin appreciated the time that will be needed
to close the GDU purchase, but felt that staff has to appreciate
the times the Commissioners are questioned about engaging so many
consultants.
Commissioner Eggert suggested that tasks 1, 3, and 5 be done
in-house and tasks 2 and 4 be done by an outside firm.
Director Pinto emphasized that it is cheaper to have outside
firms do these tasks rather than staff.
Commissioner Macht had great difficulty in not accepting
staff's recommendations, but in this case he would like to know a
little bit more about the consultant relationship that we are
discussing now.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously moved to
defer this item for two weeks in order to give the
Board members an opportunity to individually talk to
Director Pinto on what is included in this"* type of
report, why it is needed, and how it will benefit
the County.
58
FINAL ASSESSMENT ROLL - ROUSSEAU RIVER SHORES WASTEWATER COLLECTION
SYSTEM
The Board reviewed the following memo dated 8/2/93:
DATE: AUGUST 2, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRN
FROM: TERRANCE G. PI
DIRECTOR OF UTr
ICES
PREPARED JAMES D. CHASTAND STAFFED MANAGER OF ASSOJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ROUSSEAU RIVER SHORES (114TH LANE) - WASTEWATER
COLLECTION SYSTEM
INDIAN RIVER COUNTY PROJECT NO. IIS -92 -08 -CS
RESOLUTION IV - FINAL ASSESSMENT ROLL
On November 3, 1992, the Board of County Commissioners approved
Resolution III, No. 92-196, for the preliminary assessment roll on
the above -referenced project. Construction of the project has been
completed. Customer connections have begun, .and we request the
Board of County Commissioners' approval of the final assessment roll
(see attached minutes and Resolution III).
ANALYSIS
The preliminary assessment was for a total estimated project cost of
$20,328.00, which equated to $0.157658 per square foot of property
owned. The final assessment (see attached Resolution IV and the
accompanying assessment roll) is in the amount of $16,233.01, which
equates to a cost of $0.12589877226 per square foot of property.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the adoption of Resolution IV.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 93-147, certifying "as -built" costs for
installation of a wastewater collection system, etc.
59
L_AUG 171993
BOOK 90 Fret 1.,51
r AUG 17 1993
0
As Built (Final Reso.)
Rousseau River Shores
BOOK 90 PAGE 252
8/3/93(reso.asbuilt)Vk/DC
RESOLUTION NO. 93- 147
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CERTIFYING "AS -BUILT" COSTS FOR
INSTALLATION OF A WASTEWATER COLLECTION
SYSTEM, AND SUCH OTHER CONSTRUCTION
NECESSITATED BY SUCH PROJECT; PROVIDING
FOR FORMAL COMPLETION DATE, AND DATE FOR
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian River
County determined that wastewater improvements for properties located
in Rousseau River Shores (114th Lane) were necessary to promote the
public welfare of the county; and
WHEREAS, on Tuesday, November 3, 1992, the Board held a public
hearing at which time and place the owners of property to be assessed
appeared before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 92-196, which confirmed the special
assessment "cost of the project to the property specially benefited by
the project in the amounts listed .in the attachment to that resolution;
and
WHEREAS, the Director of Utility Services has certified the actual
"as -built" cost now that the project has been completed is less than in
confirming Resolution No. 92-196,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
.1. Resolution No. 92-196 is modified as follows: The completion date
for the referenced project and the last day that payment may be
made avoiding interest and penalty charges is ninety days after
passage of this resolution.
2. Payments bearing interest at the rate of 8% per annum may be
made in ten annual installments, the first to be made twelve
months from the due date. The due date is ninety days after the
passage of this resolution.
- 3. The final assessment roll for the project listed in Resolution No.
92-196 shall be as shown on the attached Exhibit "A."
60
RESOLUTION N 0. 93-147
4. The assessments, as shown on the attached Exhibit "A," shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown on Exhibit "A," attached to Resolution No.
92-196, were recorded by the County on the public records of
Indian River County, and the lien shall remain prima facie
evidence of its validity.
The resolution was moved for adoption by Commissioner
Adams , and the motion was seconded by Commissioner T i p n i n
and, upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 17 day of August, 1993.
BOARD OF COUNTY COMMISSIONERS
• INDIAN RIVER COUNTY, FLORIDA
Attest • 1
.o By
Richard N. Bird
Jeffrey. Barton, Clerk Chairman
. ,•�.�.
Attachment: ASSESSMENT ROLL
61
AUG 171993 BOOK 90 Fa,r 253
AUG 17 1993 Boa 90 FAcE 254
UTILITIES - RATE RESOLUTION - LINE EXTENSION AND ENGINEERING
SERVICE CHARGES
The Board reviewed the following memo dated 8/10/93:
TO: Board of County Commissioners
L_/ C_ G'
FROM: Charles P. Vitunac, County Attorney
DATE: August 10, 1993
RE: UTILITIES - RATE RESOLUTION - LINE
EXTENSION AND ENGINEERING SERVICE CHARGES
The Department of Utility Services proposes to adopt the water and sewer
line extension charges as shown in Exhibit "A" of the attached
resolution to recover the line extension costs associated with water and
sewer lines that have been installed and are available for service that
have not been assessed.
The Department of Utility Services also proposes to adopt and add an
item to the "Schedule of Water and Sewer Rates, Fees, and Charges,"
under "Other Charges - Engineering Services," as follows: Comprehensive
Plan/Utility Master Plan required revisions shall be paid by the
applicant requesting the change as shown in Exhibit "A" attached as part
of the resolution.
RECCHMEITDATION:
Staff recommends adoption of this resolution.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously adopted
Resolution 93-148, amending Resolution 91-31, which
adopted rates, fees, and charges for the Dept. of
Utility Services pursuant to the authority of
Ordinance 91-9, etc.
62
0
RESOLUTION NO. 93- 148
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION
NO. .91-31, WHICH ADOPTED RATES,- FEES, AND CHARGES
FOR THE DEPARTMENT OF UTILITY SERVICES PURSUANT TO
THE AUTHORITY OF ORDINANCE NO. 91-9, BY ADOPTING A
NEW RATE FOR LINE EXTENSION CHARGES FOR WATER AND
WASTEWATER LINES AND A CHARGE FOR ENGINEERING
SERVICES REQUIRED FOR UTILITY MASTER PLAN REVISIONS
THAT ARE REQUIRED BY CHANGES TO THE INDIAN RIVER
COUNTY COMPREHENSIVE PLAN.
WHEREAS, it is necessary that the Indian River County Department of
Utility Services enact a rate for line extension charges to recover the line
extension costs associated with water and wastewater lines that have not been
assessed and are available for service; and
WHEREAS, the Department has recommended that an item be added to the
Schedule of Water and Sewer Rates, Fees, and Charges under "Other Charges,"
"Engineering Services," as follows:
Comprehensive Plan/Utility Master Plan -
required revisions shall be paid by the
Applicant requesting the change.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. The Schedule of Line Extension Charges for the recovery of line
extension costs associated with water and wastewater lines that have
been installed but have not been assessed and are available for service,
attached to this resolution as Exhibit "A," is adopted as an additional
rate to be added to the rates already adopted by Resolution No. 91-31.
2. "Engineering Services" under "Other Charges" of the Schedule of Water
and Sewer Rates, Fees, and Charges adopted for use by the Department of
Utility Services by Resolution No. 91-31 is amended by adding the
language and charges shown on Exhibit "A" attached to this resolution.
3. These changes shall go into effect on adoption of this resolution.
The resolution was moved for adoption by Commissioner Fqq prt , and
AUG If? 1993
63
BOOK 90 F�,c55
r -
AUG x.71993
BOOK 90 FAZE 256
RESOLUTION NO. 93-148
,
the motion was seconded by Commissioner Adams and, upon being put.to a
vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Aye
Commissioner Richard N. Bird Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 17 day of August , 1993.
Attest: c�
L
Je f . r e_y • X*. - B artoyn/, CC�l e' rjk�////A�y�/y�]��
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By Ley <l
Richard N. Bird
Chairman
Exhibit A
Schedule of Line Extension Charges:
Main Extension
Per Foot measured along front of property served. $ 6.51
Main Extension and Sewer Laterals
Per Foot measured along front of property served. $15.77
Enaineerina Services:
Utility Master Plan Revisions required by Cost plus
requested changes to the Indian River County Overhead.
Comprehensive Plan shall be paid by the Applicant
requesting the change.
64
QUIT CLAIM DEED TO MR. AND MRS. BOWER
Chairman Bird announced that he had a conflict of interest on
this item as his real estate company is involved in the sale of
this property and that he would file the appropriate form. He
turned the meeting over to Vice Chairman Tippin and left the
Chambers.
CONFLICT OF INTEREST FORM 8B IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
The Board reviewed the following memo dated 8/16/93:
TO: Board of County Commissioners y6
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: August 16, 1993
RE: QUIT CLAIM DEED TO MR. AND MRS. BOWER
The Commission approved the sale and had executed a County deed to
Mr. and Mrs. Bower of one-half of the Lot 13, Block 18 of Vero Beach
Estate on March 2, 1993. Mr. and Mrs. Bower are in the process of
selling their residence and this adjoining half lot. The title company
for reasons best known to them has asked that a new County deed be
Issued and that the City of Vero Beach also quit claim any rights it
may have.
The City of Vero Beach is in the process of approving such a deed.
Council action should take place on the evening of August 17, 1993.
Staff recommends that this second County deed be adopted and the
Chairman authorized to execute the deed with a date of August 18,
1993.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Chairman Bird having temporarily left the room)
adopted the second County deed to Mr. and Mrs.
Bower, as recommended by staff.
COPY OF DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Chairman Bird returned to Chambers and took over the meeting
from Vice Chairman Tippin.
65
AUG 171993 BOOK 90 u,F. 257
BOOK 90 FACE 65 8
AUG 171993
LETTER OF SUPPORT FOR LEGISLATION ON ALLOWING LOCAL GOVERNMENT TAX
INFRASTRUCTURE REVENUE TO BE USED FOR ANY PURPOSE
The Board reviewed the following letter dated 8/16/93:
Shirley Freeman
County Commissioner
r
7 - '* 1/
AUG 1993
RIECEIVED
BOARD COU
NTy
COIWMISSIONERS
UNTY OF MONROE
310 FLEMING STREET
KEY WEST, FLORIDA 33040
August 4, 1993
Mr. Richard Bird, Chairman
✓Members of the Board of County Commissioners
Indian River County Commission
1840 26th Street
Vero Beach, FL 32960
Dear Mr. Bird:
305-292-3430
Fax 292-3577
1
Commissioners
Administrator _
Attorney __s�
Personnel
Plrbiic Wo
Communlbj Day.
Utilities
Finance
OM6
Emorg. Sana
Risk Mgt.
Other
We are soliciting your support to change Florida Statute
212.055(2)(i) to allow counties of 50,000 to 100,000 population
to use infrastructure sales tax revenue for other government
purposes by ordinance.
The law was amended in 1992 to allow counties of 50,000 or
less to do so.
The counties affected by the change would be Monroe,
population 79,536; Citrus, 95,915; Highlands, 70,609; Indian
River, 92,429; Putnam, 66,002 and St. Johns, 86,118.
Enclosed is (1) our proposed resolution (2) copy of law and
(3) copy of law summary by Florida Association of Counties.
We are contacting our Legislators and the Florida
Association of Counties to urge their support of this change and
request you do the same.
Thank you,
C�
SHIRLEY FREEMAN
County Commissioner
Commissioner Eggert felt it has to be made clear that while we
support the concept, Indian River County is not participating.
The Board indicated their preference for a letter of support
rather than a resolution.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the Chairman to write a letter of support
of the concept but making it clear that Indian River
County will not be participating.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:15 o'clock a.m.
ATTEST:
J. Barton, Clerk Richard N. Bird, Chairman
67
800F,9 F'r1uC rdc�