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HomeMy WebLinkAbout8/24/1993M MINUTES"ATTACI-ISD BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 24, 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. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 12.A. Assignment of Developer's Agreement Relating to Hawk's Nest Golf Club. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Special Meeting of 8/4/93 B. Regular Meeting of 8/10/93 7. CONSENT AGENDA A. Proclamation Designating Sept. 5-11, 1993 as Literacy Week in Indian River County, Florida B. Release of Utility Liens ( memorandum dated August 13, 1993 ) C. Award Bid #4001/Annual Co -Op Gasoline, Diesel Fuel, Motor Oil & Lubricants ( memorandum dated August 16, 1993 ) D. Misc. Budget Amendment - 022 ( memorandum dated August 18, 1993 ) M AUGL_ 241993 BOOK 90 u, u. 288 r AUG z 4 1493 S. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS IT -7BOOK 90 F,�GE289 i A. PUBLIC DISCUSSION ITEMS Presentation by Mr. Henry Dean on the St. Johns River Water Management District ( letter dated August 4, 1993 ) B. PUBLIC HEARINGS Mark Mosshart's Request for Major Site Plan and Special Exception Approval for a Used Car Dealership to be Known as Alison Auto Brokers ( memorandum dated August 17, 1993 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS - A. COMMUNITY DEVELOPMENT 1. Resolution Expressing Intent to Reimburse Certain Expenditures from the $26,000,000 Bond Issue for the Purchase of Environ- mentally Significant Lands ( memorandum dated August 17, 1993 ) 2. Selection of Appraiser to Conduct "Ballpark" Appraisal of Lost Tree and Prange Islands for FCT Grant Application Submittal ( memorandum dated August 17, 1993 ) B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Proposed Jungle Club Road Race, 10/9/93 ( memorandum dated August 18, 1993 ) 2. Donation of Modular Building to be Located at South County Park ( memorandum dated August 18, 1993) - 1 11. DEPARTMENTAL MATTERS (contd. H. UTILITIES 1. City of Sebastian's Request for Wastewater Treatment Plant Capacity for Sebastian Lakes Development ( memorandum dated August 16, 1993 ) 2. Florida East Coast Railway (F. E. C.) Lease Agreement / Roseland Road North Force Main ( memorandum dated August 12, 1993 ) 3. New Horizons Mobile Home Park - Sewer Con- struction ( memorandum dated August 17, 1993 ) 4. Engineering Selection for Design and Con- struction Inspection of Various Water Mains and Subdivision Distribution Systems and/ or Wastewater Collection or Transmission Systems Throughout Indian River County, Including Assessments Related to the Projects (memorandum dated August 17, 1993) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MRCHT AUG 2 4 1993 BOOK 90 FaU E 2.90 �oaK 9 F,,r 2� AUG 2 4 199 0 ,F01 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 7/27/93 2. Approval of Minutes - Meeting of 8/03/93 3. Approval of Minutes - Meeting of 8/10/93 4. Engineering 8 Financial Services Contract Work Authorizations I and II ( memorandum dated August 4, 1993 ) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, August 24, 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 24, 1993, at 9:00 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 Diane Albin, Deputy Clerk. The Chairman called the meeting to order. Chairman Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDAJEMERGENCY ITEMS Attorney Vitunac requested the addition of the following: Item 12.A., Assignment of Developer's Agreement relating to Hawk's Nest Golf Club. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above item to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of August 4, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Special Meeting of August 4, 1993 as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 10, 1993. There were none. BOOK 90 FACF ?; AUG 241993 J r- AUG 24 1993 BOOK : 90 PAGE 203 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Regular Meeting of August lo, 1993, as written. CONSENT AGENDA A. Proclamation Designating September 5-11 1993 as Literacy Week in Indian River County, Florida ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted the following Proclamation: PROCLAMATION DESIGNATING SEPTEMBER 5-11, 1993 AS LITERACY WEER IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, in 1992, the ADULT LITERACY SERVICE OF INDIAN RIVER COUNTY volunteers contributed 51,988 hours of their time to teach adults from age 16 to 60 how to read and write English; and WHEREAS, the ability to read is of fundamental importance to all people; and WHEREAS, this nation was founded by, and depends upon, a literate and informed citizenry; and WHEREAS, the purpose of the ADULT LITERACY SERVICE OF INDIAN RIVER COUNTY is to use a one-to-one tutoring approach to teach basic reading and writing skills to the illiterate, or functionally illiterate, adults within the County; and WHEREAS, -literacy is a gateway to the full participation in the affairs of this nation; and - WHEREAS, adult new readers should be recognized for their efforts toward personal and civic growth; and WHEREAS, volunteers in adult literacy programs should be commended for their willingness to help others improve their skills; and WHEREAS, from Noon to 5:00 p.m. on September 8, 1993, the ADULT LITERACY SERVICE OF INDIAN RIVER COUNTY will host an open house at the.Indian River County Library: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF. INDIAN RIVER COUNTY, FLORIDA, that the week of September 5-11, 1993 shall be designated as LITERACY WEER in Indian River County, and all citizens are urged to support and honor those adults for whom the achievement of literacy, for themselves and others, has•become a primary goal. Adopted this 24 day of August, 1993. 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman B. Release of Utility Liens The Board reviewed the following memo dated August 13, 1993: TO: ARA- FROM: BQOAR,,D OF COUNTY COMMISSIONERS ARA- (� - FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 13, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfactions of Impact Fee Extensions: SCHOMMER (2 ) OBERHOLTZER 2. Rockridge Sewer Project: BOWMAN - GARTNER CARONE/BARHAM 3. Phase II Water Project: ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the lien releases and satisfactions of impact fees as listed in staff's memorandum. RELEASES AND SATISFACTIONS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY C. Award Bid #4001 - Annual Co -On Gasoline, Diesel Fuel Motor Oil and Lubricants The Board reviewed the following memo dated August 16, 1993: 3 BOOK 90 F -.,,e 494 AUG 24 199Q; DATE: August 16, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, DirectoAF Department of General Se FROM: Fran Boynton Powell, Purchasing Manage s SUBJ: Award Bid #4001/Annual Co -Op Gasoline, Diesel Fuel, Motor Oil and Lubricants BACKGROUND INFORMATION: BOOK 90 Fa,F 295 This is a co-operative Invitation to Bid issued by Indian River County Purchasing Division on behalf of the participating Agencies for the purchase of their respective annual requirements for gasoline, diesel fuel and lubricants indicating plus or minus profit added on to the oil Price Information Service (OPIS), Orlando, Florida. Bid opening Date: Advertising Dates: Specifications Mailed to: Replies: HID TABULATION Wil Dor Oil - Co. Lexington, N.C. Mapco Petroleum Ft. Pierce, Fl. BP Oil Company Atlanta, Ga. BID TABULATION Mapco Petroleum Ft. Pierce, F1. Port Petroleum Ft. Pierce, Fl. BID TABULATION July 29, 1993 July 16 & 22, 1993 Thirty (30) Vendors Fourteen (14) Vendors TRANSPORT WAGON (7800 GALS) +.0113 Regular Unleaded -.0200 Premium Unleaded .0000 Midgrade Unleaded -.0260 Super Premium Unl. +.0198 #2 Diesel TANRWAGON (5000 GALS) +.0500 Regular Unleaded +.0300 Premium Unleaded +.0500 Midgrade Unleaded +.0500 #2 Diesel 11 +.0527 Super Premium Unl. MOTOR OIL i LUBRICANTS Mapco Petroleum 2.45 gal Motor Oil (Bulk) Ft. Pierce, Fl 2.70 gal Motor Oil (Drum) RECOMMENDATiON 94.02 drum (Lubricant) Staff recommends the following: 1. Award this bid to the above referenced vendors. 2. Establish Open End Contracts with the above referenced vendors for the various County Departments budgeted accounts for fuel and lubricants. The initial contract period shall begin September 1. 3. Authorize the Purchasing Manager to renew this contract on an annual basis subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is -in the best interest of the County. 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #4001 to the above—referenced vendors and authorized staff to establish open—end contracts with said vendors and review the contracts on an annual basis, as recommended by staff. D. Miscellaneous Budget Amendment — 022 The Board reviewed the following memo dated August 18, 1993: TO: Members of the Board of County Commissioners DATE: August 18, 1993 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT - 022 / CONSENT AGENDA FROM: Joseph A. Bair OMB Director 'k DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. Building and Grounds Department had to replace an unsafe vehicle in the current fiscal year which had not been budgeted for. This entry is to appropriate the funding. 2. Indian River County Utilities has completed the assessment project for wastewater service to Blue Cypress Lake, a county owned park. The assessment for Blue Cypress is $121,367. ON 3. The Department of Emergency Services received an Emergency Management Assistance Agreement (EMA) for fiscal year 1992/93 in the amount of $31,966. This is an increase of $5,099 over the previous year. The Board approved the purchase of a computer and software with the additional funds on March 2, 1993. This entry appropriates funding for the capital equipment. 4. The Friends of Sebastian Library made a donation of $1,025. This entry will appropriate the funding. 5. Housing Authority presently has a negative cash balance. This seems to be the result of the Authority not receiving a $15,000 recreation/culture grant they had budgeted. Presently, the budget office is estimating the Housing Authority will need $20,000 to complete the year. The attached budget amendment transfers from General Fund Contingency for the shortfall. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 022. 5 IL AUG 2 4 199,E Box 90 PAGF.2.9 r - AUG 2 h 9993 BOOK 9® PAGE 29 1 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Budget Amendment No. 022: Entry Number; FundsLDepartment/Account Name ; Account Number ; Increase Decrease 1. ,EXPENSE i ,GENERAL FUND , !Reserve for Contingency 4001-199-581-099.91;$ O,S 12,129 ;GENERAL FUND\Building & Grounds; ; ,GENERAL FUND , ;Reserve for Contingency a 001-199-581-099 91,$ O,S 121,367 i ;GENERAL FUND/Parks GENERAL FUND EMA Matching Gra EXPENSE GENERAL FUND/EMS -L1V-7/L-U34.7` -LUV-7L0- -208-525- _yaa_RQl_ 'GENERAL FUND !Donations Miscellaneous 4001-000-366-097.001$ 1,0251S 0 i i �► i !EXPENSE ,GENERAL FUND/N.C. LIBRARY !Elderly Books ;001-112-571-038.31;5 1,0251S 0 i i i 5. !REVENUE ,HOUSING AUTHORITY !Other Culture in7_nnn_z1d_n70 nni cnIe ,c nnn 'GENERAL FUND !Fund Transfers Out 1001-199-581-099,211S 20,0001S 0 1 1 i !Reserve for Contingency 1001-19-9-581-099.911$ O'S 20,000 ,HOUSING AUTHORITY !Other Current Charcles/ohliQ_ ��n�_���_asd_nad ooic nnnic .. 6 PUBLIC DISCUSSION - PRESENTATION BY HENRY DEAN ON THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT The Board reviewed the following letter dated August 4, 1993: J Henry Dean, Executive Director Jotm R. Weide. Assistant Executive Director llt"'_ All'� WATER POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 WAMOISTRICNIT MAIVAGiEENT TELEPHONE 904*29 4M WNCOM 9045604= FAX MMOUTIVEMMA4 32 4128 (Imma MAG 32 - 15 (ADIOYSM IONNINANCE) MAIN FIELD STATIONS 818 E. SOu11% SbW 7718 Srybrad m Way PERmTRNa; OPERA OrMdO. RM 821101 Sulo 102 804 Eno DrM 2133 N. Wbldmo Road 807f W-4300 JOdwwrAb. Fbddra 32280 Wboum. Florida 3204 mebwmw Fb*la 329n4101 OOU73041M 40TAN44040 407/2441782 August 4, 1993 Mr. Jim Chandler 1840 25th Street Vero Beach, Florida 32960 SUBJECT: August 24, 1993, County Commission Meeting Dear Mr. Chandler: Mr. Henry Dean, Executive Director, St. Johns River Water Management District, is requesting placement on the agenda for your August 24, 1993, County Commission Meeting. Mr. Dean would like to give a twenty -minute presentation on the St. Johns River Water Management District. If at all possible, Mr. Dean would prefer being placed early on the agenda, as he has another appointment scheduled for that afternoon. Your assistance in providing Mr. Dean with a screen for our slide projector and an easel would also be appreciated. Thank you for your consideration -with this matter, and I will look forward to hearing from you on a confirmation regarding our request. Sin ly, L' da S. Loren enior Executive istant Henry Dean, Executive Director of the St. Johns River Water Management District (the District), gave a presentation based on the following information: 7 UDQK 90 Ft�ijC, 'J' r- AUG 2 4 1991 P�,,F�,��2• I BOOK �� , Proposed District Budget Vital Statistics for FY 1993-94 (starts October 1) St. Johns River Water Management District Total operating budget $107.5 million Location: 12,400 square miles comprising all or parts of 19 counties in northeast and east central Floridcl. Funding sources Ad valorem (property) tax Population: Approximately 3.25 million. Population growth statewide is State sources (specific projects) averaging approximately 600 new residents per day, according to the latest • Preservation 2000 state figures. • Save Our Rivers • SWIM Mission: To manage water resources to ensure their continued availability • Aquatic plant control while maximizing environmental and economic benefits. • Cross Florida Greenway operation • Rodman Reservoir study Land Acquisition Program: This is a critical part of managing and protect - Water Quality studies Ing the area's natural resources. Florida has lost nearly half of its historic Federal sources (specific projects) wetlands and is losing an average of 70 acres per day, equivalent to nearly • EPA Near Coastal Waters Grant 41 square miles each year. Purchasing environmentally -sensitive and water • EPA National Estuary Program resource project lands benefits both man and nature. Non-structural flood Permits, fees, licenses control — buying floodplains and their upland buffers along rivers, lakes and bays targeted for potential development — protects residents and helps Ad valorem tax rate avoid the types of flooding catastrophies we've seen in the Midwest this Tentatively set at .555 mill summer. Current rate is .358 mill Another benefit of acquiring lands is the recreational opportunities availa- ble to the public. Fishing, hiking, horseback riding, camping, regulated hunt - Tax rate limits ing and other passive activities are available on most District -owned lands. Set by Florida Constitution 1.0 mill This gives the public a chance to enjoy a part of rapidly vanishing "Old Set by Florida Legislature 0.6 mill Florida." Currently, 83% of all District -owned lands are open to the public. Within five years, 95% of District lands will be accessible for public use. Where the money goes Because land use regulations are subject to change, the only permanent General Fund $56.2 million protection for environmentally -sensitive lands is acquisition. Buying lands Capital Projects $35.1 million critical to the health and restoration of our natural resources is an equitiable (includes Land Acquisition) . solution to the issue of balancing environmental protection with individual Debt Service $ 8.3 million property rights. Special Revenue $ 6.7 million (includes SWIM, NEP) Millage Rate Comparison Public Comment The St. Johns River Water Management District has the lowest millage of Two public hearings will be held before the three most populous districts. a final budget is adopted.The first will be District 1992-93 1993-94 on September 7, with the second on September 22. South Florida 0.547 mill 0.647 mill Both hearings will be held at District headquarters in Palatka, beginning at Southwest Florida 0.550 mill 0.711 mill' 5 P.M. • St. Johns River 0.358 mill 0.555 mill Suwannee River 0.517mill 0.517 mill Northwest Florida 0.050 mill 0.050 mill" ' Southwest Florida Water Management District millage rates reflect a weighted average of basin and District -wide millages. Northwest Florida Water Management District millage rate is limited to ' 0.05 mill by statute. The St. Johns River Water Another Way to look at the budget Management District is responsible The District relies on science to ensure a safe water supply and to restore for protecting and enhancing Florida's and preserve our waterways. Here's how the budget breaks down: vital water resources in northeast • 29% of the budget pays for data collection, research, outreach and and east -central Florida. support services; Headquarters are located in Palatka - 25% of the budget pays for project construction and operation; with full-service field offices in Orlando, . 29% of the budget funds land acquisition; Jacksonville and Melbourne. • and the remainder pays to keep the lights on. 8 IiI.�I ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FACT SHEET Programs benefit citizens, water bodies, wildlife The proposed $107.5 million budget tentatively accepted by the District's governing board in July represents a 7.2 percent increase above the current year's $100.4 million spending plan. Increases in unfunded legislative mandates, land acquisition, project operation and maintenance costs coupled with cutbacks in state funding necessitate an increase in the District's primary funding source — an ad valorem (property) tax. The District's governing board has held the line on taxes since the late 1980s, with small millage increases in 1989 and 1990 (see graphic below). While that strategy was fiscally conservative, it forced the District to cut back on several important programs in an effort to save money. The District is now trying to make up for lost ground dealing with decades of environmental abuse while balancing the needs of a growing population with a dwindling natural resource. "Ask someone to take on more and more work without increas- ing their budget to pay for that work, before long he'll either go bankrupt or stop doing his job," said Joe Hill, District governing board chairman. 'That's the case we're in, but we can't declare bankruptcy and we can't refuse accepting increased, unfunded legislative mandates or abandon the work we've begun. So to accomplish our goals, there's only one avenue left to us.' At its July meeting, the board set the tentative millage rate at .555 mill. The current rate, which has remained constant since 1990, is .358 mill. This new rate will generate an increase of $20 million in revenue and means a property owner would be assessed 55.5 cents for every $'1,000 of property value. Put another way, a homeowner with property valued at t.o Constitutional millage cap 0.8 Lu .3 0.6 .......................................................... Statutory millage cap .55 DA .358.358 .358 288.289 .326 ,281 0 0 220.234.244 O 0.7 1993 1M9 INS 19U 107 /9a 19M 1990 1991 1917 1997 IM YEAR 1983-1988 millages reflect a weighted average for Oddawsha and St. Johns River basins. 1994 millage Is projected. E $100,000 who is able to claim a homestead exemption would pay $41.63 in annual water management taxes. This year's increase in water management taxes for this homeowner would be $14.78. While legislative funding has declined in the past four years, mandates coming from the state have increased. Unfunded mandates the District must pay for include: • Streamlined permitting • Establishing minimum flows and levels for water bodies in the 19 counties in the District • Development of a Comprehensive Water Management Plan • Identifying future Water Supply Needs and Sources • Developing Wellhead Protection Programs to safeguard public water supplies • Identifying and plugging thousands of abandoned free-flowing artesian wells Our five-year land acquisition plan has identified a need for $100 million per year to purchase critically endangered lands. Our budget targets approximately $30 million this year to begin meeting this goal. The recession has reduced revenues for the state's "Save Our Rivers" fund, a major funding source of the District's land -buying program. To make up this shortfall, $7 million of ad valorem monies are earmarked for land acquisition in the 1993-94 budget. Even so, this is still 11% below last year's funding level for purchasing lands. Additionally, state funding for the Surface Water Improve- ment and Management (SWIM) program has been slashed from its original levels each year since 1990. SWIM is a state- wide program established in 1987 to restore and protect Florida's lakes, rivers and bays. The District currently has four SWIM restorations — Lake Apopka, Indian River Lagoon, upper Ocklawaha River and lower St. Johns River. The District is near completion of the nation's largest flood control and wetland restoration project, the rehabilitation of the St. Johns River's headwaters. This project addresses the long-term water quality and quantity concerns for the entire river. It also improves water quality in the Indian River Lagoon because it directs water westward to the St. Johns, as nature intended. Some construction and scientific projects for these restora- tions have been deferred in recent years to keep our millage rate low. We now are at a crossroads after years of research, planning and progress. Do we stop funding now when the diag- noses and cures have been found and waste the public's mon- ey that's already been spent? Or do we have the courage to find the money to implement the treatment? Waiting a few years will only increase the cost and further degrade the health of these imperiled water bodies. BOOK 90 FAGF.100 Fr ­ AUG 2 4 199 BOOK 90 PA. rF `3111 -7 I A ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FACT SHEET Restoration helps heal river's headwater marshes A century ago, the vast marshes of central and south Florida were drained in the name of progress. Cities, towns, farms and citrus groves sprang up where wetlands had formed the headwaters of two major river systems in Florida—the St. Johns River flowing north, and the Kissimmee -Okeechobee chain flowing south to the Everglades. Restoration efforts to repair the unintended effects to the environment have begun. Planning is underway to restore the Kissimmee River -Lake Okeechobee - Everglades system. Meanwhile, a $165 million restoration of the St. Johns River's headwaters and marshes is more . than half complete. The St. Johns River Water Man- agement District, in partnership with the U.S. Army Corps of Engineers, is using one of the methods pro- posed by South Florida water managers to rescue the Everglades—the creation of marshy reservoirs to hold water and filter out pollutants. The Upper St. Johns River Basin Project is an ambitious flood control and river restoration effort that will more than double the functional wetlands in the river's headwaters region. When finished in 1995, the project will have restored more than 125,000 acres of marshlands to hold water for fish and wildlife and to feed the river in dry seasons. A 100–mile system of levees, spillways, weirs and culverts will divert polluted agricultural discharge into I arge reservoirs for reuse and will hold flood waters in the marshes for gradual release to the river. The project will serve as a national model of floodplain management, according to Maurice Sterling, assistant director of engineering for the water management district, who heads the Upper St. Johns Project. Located in east -central Florida, the project stretches north from the Florida Turnpike for 85 miles through Indian River and Brevard counties. A central feature of the project is Blue Cypress Lake and its surrounding marsh- es, now one of the top sport fisheries in the state. Much of the project area consists of old floodplain, almost two-thirds of which was diked off and drained in the early 1900s for agricultural development of the rich peat soils. After a series of floods in the 1940s, Congress created a flood control project for the 2,000–square mile basin. Dikes and canals were built to funnel water toward the Indian River Lagoon. Environmental concerns stopped the project in the early 1970s. The St. Johns River Water Management District took over the project area in 1977 and hammered out a plan to revitalize the river's flow by restoring drained marsh- lands, plugging canals and building reservoirs. As part of the plan, several water control structures will allow water to "sheet flow" unimpeded through the river's marshes. Farm drainage will go into reservoirs instead of the river or the marsh, and farmers will reuse the drainage water for needed irrigation. There are major benefits to returning the headwater marshes — the river's liquid heart and kidneys — to the upper St. Johns basin. The project will: • Reduce damage from floods • Improve water quality • Curtail freshwater flows to the Indian River Lagoon • Restore fish and wildlife habitat • Increase public recreational opportunities Water managers acknowledge that at best, their efforts are corrective surgery to restore the river to functional — not prime — conditions. But the project will help balance the special needs of the river, the people and creatures who depend on it for many years to come. 10 � � r Mr. Dean reported that the St. Johns River Water Management District (the District) is one of 5 in the state that were created under the 1972 Florida Water Resources Act, and that regional water management is based on hydrologic basins rather than on political boundaries. The District is governed by 9 unpaid members who are appointed by the Governor and confirmed by the State Senate to serve 4 -year terms. The governing board has determined that purchasing ecologically important lands is preferable to imposing strict regulations on private property owners. In addition, the lands acquired are available to the public for recreational use. Mr. Dean indicated that data compiled by the District is available to local governments, and educational programs are available to interested teachers. Mr. Dean concluded his presentation by inviting anyone who has any questions or would like to be taken on an airboat tour of the marshes to call him at the District office. Chairman Bird agreed that recreational benefits derived from these lands are a good tradeoff for the loss of the land for other uses. He felt that some of the areas should be accessible by land in order for more people to be able to enjoy them. For example, the area west of Vero Beach on SR -60 would be ideal for hunting and fishing activities, but a levee is not scheduled for construction until 1995 or 1996. He asked if there was anything the Board could do to help expedite construction of that levee, or find another way to access that property. Mr. Dean suggested that the Commissioners join him when General Art Williams, chief of the Army Corps of Engineers, visits the project site in late September, and they could discuss this issue at that time. Chairman Bird suggested that the Board send a letter to General Williams prior to his visit. Commissioner Adams agreed that marsh restoration has been a financial boon to the County. She brought up the fact that although most of the airboat operators are careful, there are hotrodders and she suggested limiting the number of airboat launching sites to maintain more control. Mr. Dean responded that airboat access is a low priority issue at this time, but it will be revisited in the future. Jim Granse, 36 Pine Arbor Lane, felt that increasing ad valorem taxes 55% was excessive in these tough times and questioned the need for hiring 62 new personnel. 11 BOOK 90 PAGE 302 L-AUB 2 4 1993 J Fr- auc z4 1s,v BOOK 90 Pact 003 -7 Mr. Dean explained that for the last three years the millage rate remained constant. This year the governing board determined that the proposed increase is necessary, and that .55 mills is not too great a burden on taxpayers. He stressed that it will cost taxpayers a lot more money 10 or 20 years from now if we do not take care of our water resources today. Another problem is the state was paying 80% of all costs but in 1990 stopped all funding to the District. Commissioner Tippin pointed out that it is getting to be a serious problem with the state continually passing costs on to local government. Bill Koolage, 815 26th Avenue, felt that the public needs more information about how costs are allocated, how we arrived at this millage rate, how much the water 'supply depends on the headwaters, and how much water we use in this county. He wondered whether areas with larger populations should contribute more to the District. Public Works Director Jim Davis thanked Mr Dean for his efforts to help county and city engineers with some problems they are having with water quality permitting guidelines. Chairman Bird thanked Mr. Dean for his presentation. PUBLIC HEARING - MARK MOSSHART'S REQUEST FOR MAJOR SITE PLAN AND SPECIAL EXCEPTION APPROVAL FOR A USED CAR DEALERSHIP TO BE KNOWN AS ALLISON AUTO BROKERS The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: 12 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigneb authority personally appeared J. J. Schumann, Jr. who on oath the at Vero that in Indian River Counhe is Business Manager ty, ty, Florida;F othe ro newspaperach Press -Journal, a daily hat e att ched copy of ad ert sem n tiished being a z h in the matter of in the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. L�d1 r..,r.rru.'�•day of A.D. 19 7 19.a su scribed befor a thi PQ'•'•pTA '•'41►'� �' ,c 9�.• �, iness Manager) AfYCOMM ; M Jtme pg lop — fip f . CC3z Nj, :.Gr1�j �AL) �2 =s= BARBARA C. SPRAGUE, NOTARY PUBLIC. .p�rrrnFw .wf��� Stale of Florida, My Commission Lrp. June 29, 1997 Commission Nurrbafi 00300572 NOTICE OF PUBLIC HEARING NoWe option appmal Ahearing to consider wl Auto Beakers. The subject pop" is presently owned by Mark W. Mosshart, and located in Section 12, Township 33 and Range 39. See the above W for the We- t� public hearing at which Parties In i mesat and citizens shall have an oppwhadty to be heard, will be held by the Board of Coarily Ca oners of Indian County Comirds- sbn Cof RiverCounty, the County tA&rdrdstraibn Build- ing, located at 1640 25th Street, Vero Beach, Flor- ida on Tuesday, August 24. 1993 at 9:05 am. Anyone who may wish tooaaai wID am ed dcsbrl which may be made at this i neto of sure that a verbatim record of the Woceedinga is made, which gxdudea testi any and wfdemce upas which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMODA- TION • FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT fADA) COORDINATOR AT 567-6000 X408 AT LEAST 48 HOURS•IN ADVANCE OF THE MEET- ING COUNTY Boardofof CCamtyy Commissioners BB -s -Richard N. Bird, Chairman 4, 1020548 Planning Director Stan Boling commented from the following memo dated August 17, 1993: 13 AUGr � i;�j�•. , v . "s BOOK 90 P ,104 Site I A_ I 22 'r 212 $4, _2 20 �3 2U 3 19 t Io 4 IB 15 14 16 1 Ib � 2 E u le _ 14 9 14 9 12 11 12 I I NOTICE OF PUBLIC HEARING NoWe option appmal Ahearing to consider wl Auto Beakers. The subject pop" is presently owned by Mark W. Mosshart, and located in Section 12, Township 33 and Range 39. See the above W for the We- t� public hearing at which Parties In i mesat and citizens shall have an oppwhadty to be heard, will be held by the Board of Coarily Ca oners of Indian County Comirds- sbn Cof RiverCounty, the County tA&rdrdstraibn Build- ing, located at 1640 25th Street, Vero Beach, Flor- ida on Tuesday, August 24. 1993 at 9:05 am. Anyone who may wish tooaaai wID am ed dcsbrl which may be made at this i neto of sure that a verbatim record of the Woceedinga is made, which gxdudea testi any and wfdemce upas which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMODA- TION • FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT fADA) COORDINATOR AT 567-6000 X408 AT LEAST 48 HOURS•IN ADVANCE OF THE MEET- ING COUNTY Boardofof CCamtyy Commissioners BB -s -Richard N. Bird, Chairman 4, 1020548 Planning Director Stan Boling commented from the following memo dated August 17, 1993: 13 AUGr � i;�j�•. , v . "s BOOK 90 P ,104 AUG 24 1993 TO: James Chandler County Administrator ON HEAD CONCURRENCE: obe M. Reat n§4 AICP Community Deve opikent Vkfector /W_ THROUGH: Stan Boling,, ICP Planning Director FROM: John W. McCoy, AICP /_W A Senior Planner, Current Development DATE: August 17, 1993 F -a . 05 I BOOK 9O GE SUBJECT: Mark Mosshart's Request for Major Site Plan and Special Exception Approval for a Used Car Dealership to be Known as Alison Auto Brokers It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 24, 1993. DESCRIPTION AND CONDITIONS: EGI Group has submitted an application for major site plan and special exception approval on behalf of Mark Mosshart to construct a used car dealership to be known as Alison Auto Brokers. The property address is 1190 7th Court. This site is located at the southeast corner of the intersection of 12th Street and 7th Court; the site, until recently, contained a single-family home. The house, however, was removed in anticipation of the proposed project. The subject property is zoned CG, a district which requires special -exception use approval for a used car dealership. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use based on the submitted site plan and suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the -use with the surrounding area. At its August 12, 1993 meeting, the Planning and Zoning Commission voted unanimously to grant major site plan approval contingent upon Board of County Commissioners approval of the special exception use, and voted to recommend that the Board of County Commissioners approve the special exception use. Included in the Planning and Zoning Commission's action was a recommendation that the Public Works Director reconsider his decision requiring the removal of the project's 12th Street driveway. Please see item #7 in the staff report for more information regarding this condition. ANALYSIS: 1. Size of Area of Development: 14,625 sq. ft. 2. Zoning Classification: 3. Land Use Designation: CG (General Commercial) C/I, Commercial Industrial 14 4. Building Coverage: Office: Vehicle Detailing: Total Building: 5. Total Impervious Area: 81360 sq. ft. 6. Open Space: Required: 25% Provided: 43% 360 sq. ft. 1,620 sg. ft. 11980 sq. ft. 7. Traffic Circulation: The applicant is proposing two driveways for the project, one 24' two-way driveway off of 7th Court and a 24' two-way driveway off of 12th Street. Pursuant to Section 952.12(1)(a) (see attachment 4), the public works director is requiring that the driveway along 12th Street be removed. Section 952.12(1)(a) states that projects which have frontage on two roadways shall access the roadway of lower functional classification (in this case 7th Court). That LDR section also gives the Public Works Director the discretion to allow the applicant to access the roadway of higher functional classification, if such access would result in a better traffic circulation system. The Public Works Director has determined that the safest plan is to access only 7th Court. The applicant is not in agreement with this requirement. S. 9. 10. It is the opinion of the public works director that the project does not need access to 12th Street, given the project's size, use, and the proposed driveway's distance from 7th Court. The public works director's main concern is to preserve the level of service for 12th Street by minimizing curb cuts. As proposed, the driveway to 12th Street would create another intersection that could degrade the level of service on 12th Street by adding another friction point. Vehicles making left turns from the project's proposed 12th Street driveway onto 12th Street will have a conflict with vehicles turning right on 12th Street from 7th Court. Also, by limiting the number of intersections, the right turn maneuvers from 12th Street will be concentrated, limiting the frequency that vehicles on 12th Street must brake to turn right and will eliminate any conflict between a vehicle turning left from the project's 12th Street driveway and a vehicle turning right onto 12th Street from 7th Court. The intersection essentially adds another decision point for drivers and another opportunity for vehicular conflict. Therefore, in the opinion of the public works director, the driveway should not be approved. At its August 12, 1993 meeting, the Planning and Zoning Commission recommended that the Public Works Director reconsider his decision to have the applicant eliminate the project's 12th Street driveway. The Public Works Director has reviewed the issues involved with the project's proposed driveway to 12th Street and has reaffirmed his decision that the 12th Street driveway should be eliminated. Off -Street Parking: Required: 5 spaces Provided: 5 spaces Stormwater Management: The stormwater management plan has been approved by the Public Works Department, and a type "A" permit will be issued. Landscape Plan: The landscape plan is in conformance with Chapter 926. 15 AUG 4 ��9 400K 00 FgF.3fJ AUG 24199 11. Utilities: wastewater. Department Department. BOOK 90 PAcF 30.7 The project will connect to both County water and These connections have been approved by the of Utility Services and the Environmental Health Since the project consists of two lots, a unity of title is required to join the two lots as one area of development, thus erasing the interior property lines for setback purposes. The applicant has agreed to execute a unity of title prior to site plan release. 12. Dedication & Improvements: The CG zoning district regulations require that sidewalks be constructed as -a required improvement for all developments within the CG zoning district. The applicant will maintain the existing sidewalk along the project's 12th Street frontage and construct a.5' wide public sidewalk along the project's 7th Court frontage. 13. Concurrency: The applicant has submitted an -acknowledgement form stating that the applicant will obtain an initial concurrency certificate prior to the issuance of a building permit. 14. Specific Land Use Criteria: The following specific land use criteria apply: a. No such establishment shall be permitted on a lot of record having less than ten thousand (10,000) square feet in a CG district or fifteen thousand (15,000) square feet in a CH district; b. All outdoor vehicular display areas and off-street parking areas shall have paved surfaces which meet the standards of Chapter 954. For the purpose of this chapter, vehicular display areas shall be paved areas where vehicles for sale are on display. Off-street parking areas shall be paved areas maintained for customer and employee parking; c. No vehicular- sales office (building) shall be located closer than twenty-five (25) feet to any property line except any property line that is abutting a railroad right-of-way in which case the structure shall not be located closer than ten (10) feet. Also, no vehicular display areas shall be located closer than ten (10) ten feet to any property line; d. The site shall .provide for separation of vehicular display areas and off-street parking areas; e. All designated outdoor vehicular display areas shall provide for a minimum of three hundred (300) square feet per vehicle. Drives and maneuvering areas shall be designed to permit convenient on-site maneuvering of the vehicles. The proposed project satisfies all of the above specific land use criteria. 15. Surrounding Land Use and Zoning: North: Mobile Home/CG South: Single Family Home/CG East: Taylor Rental/CG West: Vatland Oldsmobile/CG 16 � r � RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners approve the special exception use with the following conditions: 1. That the applicant revise the proposed site plan to eliminate the driveway onto 12th Street. 2. That prior to the issuance of a C.O. for the project, the applicant shall have constructed a sidewalk along the site's 7th Court frontage. 3. That prior to site plan release, the applicant shall execute and record a unity of title for the project. Public Works Director Jim Davis advised that the purpose of Section 952.12 of our Code is to protect the integrity of arterial roads. He indicated that 12th Street is one of the few 5 -lane roads in the County and should be protected from vehicles slowing down to make turning movements. He explained that the waiver clause in the Code was written to accommodate large commercial facilities where multiple driveways would be justified, but the subject parcel is small and does not warrant having more than one driveway. He recommended that the driveway be constructed off 7th Court, which is a local access road. Commissioner Eggert led discussion concerning the possibility of allowing only eastbound ingress and egress. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. John Hill, project engineer representing Mark Mosshart, distributed photographs of the subject site. He pointed out that there was a driveway onto 12th Street when Mr. Mosshart purchased the property. He felt that the driveway would have a very minimal impact on traffic flow, but not having it would severely hurt Mr. Mosshart's business. Mark Mosshart, 303 Old Dixie Highway, reported that his business is currently on the corner of 3rd Place and Old Dixie Highway. His current location does not have direct access onto Old Dixie Highway which in his opinion has hurt his business. He was convinced that many people who buy automobiles drive by a dealership, see a car, and buy on impulse. If they are unable to enter the property easily, they will not stop. He stressed that he went to a great deal of expense when he bought the subject property ONFA LAUD 2 4 1993 600K Fr_ 2 4 19.13, BOOK 90 PAU -3119 because he felt that the location was better than his current location. He assumed that the County would allow him to keep the driveway onto 12th Street. He pointed out that the subject property is 300 feet from U.S. 1, and 12th Street is not a heavily traveled roadway. He felt that if he is not granted some form of access onto 12th Street, it will hurt his business and lower the value of the property. Chairman Bird asked whether it would help to have a driveway onto 12th Street with right turns only into and out of the property, and Mr. Mosshart agreed that this might be a workable solution. Director Davis indicated that the subject parcel does not meet a Code requirement that driveways must be a minimum of 230 feet from the intersection of an arterial roadway and a local roadway. Chairman Bird commented that although the parcel is not large enough to meet that requirement, we should approve applicant's request for a driveway onto 12th Street. It was determined that no one else wished to be heard and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin to approve the special exception use, as recommended by staff, but modify condition No. 1 to allow an entrance on 12th Street with right turns only into and out of the property. Under discussion, Commissioner Adams suggested that perhaps a concrete barrier should be constructed to enforce the right -turn only requirement. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION EXPRESSING INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE $26.000,000 BOND ISSUE FOR THE PURCHASE OF ENVIRONMENTALLY SIGNIFICANT LANDS The Board reviewed the following memo dated August 17, 1993: 18 TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney'�Ppo DATE: August 17, 1993 RE: RESOLUTION EXPRESSING INTENT TO REWURSE CERTAIN EXPENDITURES FROM THE $269 000, 000 BOND ISSUE FOR THE PURCHASE OF ENVIRONMENTALLY SIGNIFICANT LANDS The electorate of Indian River County voted in favor of the issuance of general obligations bonds in an aggregate principal amount not to exceed $26,000,000.00 for the purpose of financing the cost of acquiring environmentally significant land to protect water quality, open spaces, and wildlife habitat in the County. It is anticipated that the initial sale of bonds will take place in July or August of 1994. Expenditures from the money raised by the sale of bonds may include without limitation expenditures for the direct costs of acquisition of environmentally significant lands, for fees 'expenses and costs of environmental experts, consultants and advisors, for real estate appraisers and for other items directly related . to lands acquired or considered for acquisition. If allowable expenditures are made before bond funds are available, those expenditures are reimbursable if an appropriate resolution has been adopted by the BCC prior to incurring such expense within the one year window provided for in federal law. A resolution is attached for consideration and adoption. Because passage of the resolution opens the one year window, it is important that the resolution not be adopted until just prior to obligating to substantial expenditures. The first of such expenditures is now before us in the form of obtaining appraisals for use in the submission of applications for state matching funds. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 93-149, a resolution of the Board of County Commissioners of Indian River County, Florida, establishing its intent to reimburse certain expenditures for the acquisition of environmentally significant land with the proceeds of borrowing to be made in the future. 19 L_ AUG 2 41993 sooK 90 lc'a.� E 310 BOOK 90 311 -1 RESOLUTION NO. 93- 149 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES FOR THE ACQUISITION OF ENVIRONMENTALLY SIGNIFI- CANT LAND WITH THE PROCEEDS OF BORROW- ING TO BE MADE IN THE FUTURE. WHEREAS, the electorate of Indian River County have voted in favor of the issuance of general obligations bonds in an aggregate principal amount not to exceed $26,000,000.00 for the purpose of financing the cost of acquiring environmentally significant land to protect water quality, open spaces and wildlife habitat in the County; and WHEREAS, certain expenditures are contemplated to be paid from the general revenue fund of the County prior to the issuance of the bonds; and WHEREAS, the County intends to reimburse the general fund for those expenditures with the proceeds of the bond sale, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: .. 1. Indian River County will make certain expenditures looking toward the acquisition of environmentally significant lands. Said expenditures shall include without limitation expenditures for the direct costs of acquisition of environmentally significant lands, for fees, expenses and costs of environmental experts, consultation and advisors, for real estate appraiser and for other items directly related to lands acquired or considered for acquisition. Said expenditures will occur prior to the issuance of the general obligation bonds. These expenditures, therefore, will perforce be provided by the general fund.- 2. und: 2. The County intends to reimburse the general fund for said expenditures with a portion of the proceeds of the bond sale referred to herein. 3. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the Income Tax Regulations. 20 RESOLUTION NO. 93- 149 4. The Clerk of the Board of County Commissioners is hereby directed to make a copy of this Resolution available for public inspection, during regular business hours, at the office of the Clerk in the County Administration Building, beginning no later than thirty (30) days following the adoption of this Resolution, and to keep the same available for public inspection at such place and during such hours until the date upon which the bonds herein mentioned are issued and delivered by the County. The resolution was moved to adoption by Commissioner Eggert and the motion was seconded by Commissioner Ti pp 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 J adopted this 2.4th day of August , 1993. Attest. Jeffrey K. Barton, Clerk Xy �, •�� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �� ��2 Richard N. Bird Chairman SELECTION OF APPRAISER TO CONDUCT "BALLPARK" APPRAISAL OF LOST TREE AND PRANG ISLANDS FOR FCT GRANT APPLICATION SUBMITTAL The Board reviewed the following memo dated August 17, 1993: P44 A U G 2 4 1993 BOOK 90 FACE 312 r AUG 199ki 9 TO: James E. Chandler County Administrator DE HT HEAD CONCURRENCE: Obert Keat ng, CP Community Develo ent rector FROM: Roland DeBloisP Chief, Environmental Planning BOOK , 90 FAA19 DATE: August 17, 1993 RE: Selection of Appraiser to Conduct "Ballpark" Appraisal of Lost Tree and Prang Islands for FCT Grant Application Submittal It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 24, 1993. _ DESCRIPTION AND CONDITIONS At. its regular meeting on July 6, 1993, the Board of County Commissioners voted unanimously to authorize staff to submit two separate Florida Communities Trust (FCT) grant applications, for,, cost -share funds to acquire the Lost Tree Islands and the Prang Islands, with the County proposing to pay 60% of acquisition costs. At the July 6; 1993 meeting, the Board also authorized a "ballpark" appraisal of these properties, to be conducted by an MAI certified appraiser for purposes of the FCT application submittal. The submittal of these applications with certified appraiser ballpark estimates has been endorsed by the County Land Acquisition Advisory Committee (LAAO). Staff have since received three bids from local certified appraisers for an appraisal estimate of the islands. This matter is presented to the Board for approval of appraiser selection and for authorization to expend funds for this purpose. ALTERNATIVES & ANALYSIS Time Constraints and Assumptions As presented at the July 6,'1993 Board meeting, The FCT program requires an applicant to submit an accurate estimate of property fair market value. State requirements, however, discourage formal appraisals of property for this purpose. The FCT application submittal deadline is September 8, 1993. FCT staff have indicated that the County could submit revised property cost estimates within a few weeks following formal application submittal. For this reason, the selected appraiser must be capable of providing a "ballpark" estimate within an approximate 3 to 4 week time period. The Lost Tree and Prang Islands are particularly challenging to appraise, due to a number of variables. These variables include the State's present moratorium on bridge and utilities access to undeveloped river islands over state sovereignty waters; local government restrictions on the use of public rights-of-way for bridgeheads, and pending court cases on these subjects.. Also, Lost Tree Village Corporation has indicated that it owns submerged bottomlands extending to the barrier island relating to three of Lost Tree's islands, which cannot be fully researched and verified 22 _ M M by the County prior to the application submittal deadline. Thus, a number of assumptions regarding these variables are required for purposes of a ballpark appraisal estimate. Also, staff have confirmed that Idlewyld Corporation has vested local approval regarding a preliminary plat of 20 residential lots on Prang Island. For purposes of the ballpark appraisal, staff assumes that the State bridging and utilities access restrictions will stay in effect, and that Lost Tree Village Corporation owns submerged bottomlands extending to the barrier island, relating to three islands proposed for acquisition. Bids Staff has met with four local appraisers, and has described the nature of the ballpark appraisal request, including time constraints and assumptions. The four appraisers/appraisal firms from which bids were solicited were: George P. Metz Appraisal Services; Armfield-Wagner Appraisal & Research, Inc.; Callaway and Price, Inc.; and Napier Appraisal Services. Of these four firms, three provided fee quotes. Napier Appraisal Services chose not to submit a bid due to time constraints and present workload. Callaway and Price provided an over -the -phone quote of $7,500. The lowest bid of $3,900 was. provided by Armfield-Wagner Appraisal & Research, Inc. Funding Source Funding for the ballpark appraisals may be reimbursed from land acquisition bond referendum monies, provided the first series of bonds are issued within one year of funding expenditure commitment for this purpose. In the interim, county general funds could be used. RECOMMENDATIONS Staff recommends that the Board of County Commissioners authorize the selection of Armfield-Wagner Appraisal & Research, Inc. to conduct a ballpark "Range of Value Letter Appraisal" for the Lost Tree and Prang Islands, within approximately three weeks, for the cost of $3,900. Staff recommends that the Board authorize the use of county general funds for this purpose, with said funds to be reimbursed through the first series issuance of land acquisition referendum bonds. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Adams, to authorize the selection of Armfield-Wagner Appraisal & Research, Inc., to conduct a ballpark "Range of Value Letter Appraisal" for the Lost Tree and Prang Islands within approximately 3 weeks, for the cost of $3,900, as recommended by staff. Under discussion, Environmental Planning Chief Roland DeBlois explained that a list of appraisers is being developed for the purpose of getting bids on formal appraisals, which will not be needed for six months to a year. 23 BOOK 90 FACE 1314 BOOK � AUG 2 �� A� 9® F�r 3-15 Commissioner Adams asked whether Armfield-Wagner has done prior appraisals of these properties for the owners. Commissioner Macht suggested we make that determination before hiring them. COMMISSIONER EGGERT REVISED HER MOTION TO AUTHORIZE THE SELECTION OF ARMFIELD-WAGNER, BUT TO SELECT THE SECOND LOWEST BIDDER IF ARMFIELD-WAGNER HAS DONE PRIOR APPRAISALS FOR THE OWNERS. OF THE SUBJECT PROPERTY. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PROPOSED JUNGLE CLUB ROAD RACE The Board reviewed the following memo dated August 18, 1993: TO: James Chandler County Administrator Tffi=GH: James W. Davis, P.E. Public Works Director FROM: Robert Zaitooni, P.E. County Traffic Engine SUBJECT: Proposed Jungle Club Road Race October 9, 1993 DATE: August 18, 1993 DESCRIPTION AND CONDITIDMS The Vero Beach Jungle Club has requested permission from the Board of County Commissioners to hold a Sk road race on state and county roadways on Saturday, October 9, 1993, at 8:30 AN, for the benefit of the "March of Dimes" fund. The entire race, from start to finish, is projected to take 40 to 45 minutes with all participants being in a "moving envelope" of official Sheriff's Department vehicles. The race will start, and end, at the Jungle Club on 6th Avenue and utilize short segments of 6th Avenue, 17th Street, Indian River Boulevard and 8th Street. Since this race will take place along short segments of state and county roads and partially falls within Vero Beach city limits, insurance coverage holding the.Florid.a Department of Transportation, Indian River County, and the City of Vero Beach harmless must be in hand prior to receiving final permits for this event. Given the proposed time, short duration of the event, and uniformed officer, for the control of the envelope, the race can be accomplished in a safe and efficient manner. 24 The request for approval from the Indian River County Board of County Commissioners to hold the Jungle Club Road Race is the proposal before the Board at this time. The following conditions shall apply: a) The Vero Beach Jungle Club provide Indian River County with hold harmless insurance documents carrying Indian River County, Florida Department of Transportation and the City of Vero Beach prior to issuance of the required permit. b) The race course shall be in accordance with the route as specified by the Jungle Club, starting at the Jungle Club north on 6th Avenue to 17th Street (SR 656), east along the south side of eastbound 17th Street to Indian River Boulevard, south to 8th Street along the west side of Indian River Boulevard, on 8th Street to 6th Avenue, north to the finish line at the Jungle Club. c) Law enforcement vehicles and uniformed personnel shall be present for the purpose of establishing the race envelope and traffic control. d) All required roadway and race permits will be secured. e) Jungle Club volunteers implement proper traffic control using cones provided by Indian River County and uncovering the signs installed by Indian River County Traffic Engineering. The cones may be borrowed on Friday October 8, 1993, by the Jungle Club and returned to Indian River County on Monday October 11, 1993. Immediately after the race, the road signs shall be covered by Jungle Club volunteers. Staff recommends that the Board of County Commissioners approve their request. Indian River County Traffic Engineering personnel will install the necessary signs on Friday, October 8, 1993 and will remove the said signs on Monday, October 11, 1993. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, to approve the request of The Vero Beach Jungle Club to hold a 5K road race on state and county roadways on Saturday, October 9, 1993, at 8:30 a.m. for the benefit of the "March of Dimes" fund, as recommended by staff. Under discussion, Commissioner Eggert asked whether we know approximately how much these events cost the County. Public Works Director Jim Davis explained that we have used as many as 2 to 4 county employees for traffic control, and the cost depends on the number of hours they work. The cost of a single event is fairly low, but there are so many of these events that the costs start to add up. 25 AUG 2 � o� BOOK 90 PAGE 316 UG 2 4 1993 THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. BOOK 90 PAGE.317 DONATION OF A MODULAR BUILDING TO BE LOCATED AT SOUTH COUNTY PARR The Board reviewed the following memo dated August 18, 1993: TO: James E. Chandler, County Administrator FROM: SUBJECT: DATE: James W. Davis, P.E., Public Works Director' Donation of a Modular ilding to be Located at South County Park August 18, 1993 FILE: modul.agn DESCRIPTION AND CONDITIONS A modular building currently in use by the Developer of the Castaway Cove Subdivision and located at the Subdivision is being offered to the County by donation. This building can be used at the South County Park for storage and possible future office space. The Engineering Division staff received a verbal price estimate to move the building from Brownie and Sons Moving Engineers, Inc. in the amount of $2,750. Preparation of footings, tie downs, access ramp and permitting will cost approximately $1500. To provide full utilities, approximately $7000 for hook-up fees and $2000 for impact fees would be required ALTERNATIVES AND ANALYSIS At this time, staff proposes the following alternatives Alternative No. 1 Accept donation of the building and appropriate $4250 for relocation costs. The building will be used for storage during the 93/94 Fiscal Year and utility hook-up will be requested in the FY94/95 budget. Alternative No. 2 Accept donation of the building and appropriate $11,250 for relocation (which includes $7000 for utility connection charges) and $2000 for water impact fees, for a total of $13,250. The building can be used for a Recreation staff and Parks office. Alternative No. 3 Reject the donation offer. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the donation of the building is accepted and $4250 is appropriated from General Fund Contingencies to relocate the building. 26 Chairman Bird indicated he had been watching this building, which is located near Castaway Cove, for several years. It was used as a sales office and is now used as a construction office. He recently noticed that it was up on blocks and it appeared that it might be movable. He asked the developers if they might be willing to donate it to the County, and was pleased when they agreed to do so. The building is approximately 14 x 27 feet, is in excellent condition and has a restroom in it. Chairman Bird suggested that we send a letter thanking the developers if we decide to accept the building. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board unanimously accepted the donation of the building and appropriated $4,250 from General Fund Contingencies for the cost of relocating the building to South County Park, as recommended by staff. REQUEST OF CITY OF SEBASTIAN FOR WASTEWATER TREATMENT PLANT CAPACITY - SEBASTIAN LAKES DEVELOPMENT The Board reviewed the following memo dated August 16, 1993: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND AUGUST 16, 1993 JAMES E. CHANDLER COUNTY ADMINISTRA' TERRANCE G. PINTO DIRECTOR OF UTILI' HARRY E. ASHER ASSISTANT DIRE, SERVICES OF UTILITY SERVICES CITY OF SEBASTIAN'S REQUEST FOR WASTEWATER TREATMENT PLANT CAPACITY FOR SEBASTIAN LAKES DEVELOPMENT on May 1, 1993, the City of Sebastian became the provider of utility service within the City of Sebastian (City) as agreed by Interlocal Agreement (Agreement) between the City and Indian River County (County). The City said with the Agreement that it would be providing -its own capacity --both water and wastewater -- and the County removed the City of Sebastian from its master plan. Before taking this action, the County asked the City three times if they were sure of their decision. Mrl L_ AUG 24199 BOOK 90 PACE -318 AUG 24 199' BOOK 90 FAGE319 ANALYSIS Under the Agreement, the County provides wastewater treatment for the City to be billed under the County bulk rate agreed to in the Agreement. The County, at the request of the City, provides no water service. The City has requested, by the attached letter, "County Commission approval for 70 ERUs of wastewater capacity in the North Indian River County Wastewater Treatment Plant to be purchased for the Sebastian Lakes development. This request is understood to be only for the assurance that Sebastian Lakes will receive County permission to allow connection to the County's wastewater system in the future. It is further understood that there will be no guarantee that the 70 ERUs will be reserved at the plant for Sebastian'Lakes until such time as the impact fees are paid in full to Indian River County." County policy is to reserve and commit capacity only upon receipt of payment of impact fees. The Department would agree to the request for. 70 ERUs of capacity for Sebastian Lakes upon payment of the required impact fees. Because the County revised its master plan, removing the City from its water and wastewater service area at the City's request, the Department would request that before additional capacity is committed, the City analyze its total requirements for capacity that it cannot serve and submit a request for those requirements. The request would require a revision of the Utility Master Plan and the City would be required to pay for the revision. RECOMMENDATION The Department of Utility Services recommends commitment of the 70 ERUs of requested capacity upon payment of impact fees and, if the City has decided that they cannot provide capacity as first indicated and requests the County to provide the capacity, the County must revise its Utility Master Plan to include the City capacity at the City's expense. Utility Services Director Terry Pinto advised that the City of Sebastian previously asked to be eliminated from the Utilities Master Plan. He probably would have recommended against providing service to Sebastian Lakes, but this particular project was in existence when the original Utilities Master Plan was developed, and we can accommodate them without any major changes to the system. Therefore, Director Pinto recommended approving the allotment of 70 ERUs of capacity. He added that up to 400 units, including the commercial area, could be connected eventually. The County will bill the City of Sebastian, which will then bill the individual customers. 28 1 n ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously agreed to commit 70 ERUs of requested capacity upon payment of impact fees, and if the City of Sebastian requests additional capacity in the future, to revise the County's Utilities Master Plan at the City of Sebastian's expense, as recommended by staff. FLORIDA EAST COAST RAILWAY (F.E.C.) LEASE AGREEMENT - ROSELAND ROAD NORTH FORCE MAIN The Board reviewed the following memo dated August 12, 1993: DATE: AUGUST 12, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. McC N AND STAFFED CAPITAL PROJE EN EER BY: DEPARTMENT TY SERVICES SUBJECT: FLORIDA EAST OAST RAILWAY (F.E.C.) LEASE AGREEMENT ROSELAND ROAD NORTH FORCE MAIN IRC PROJECT NO. US -92 -34 -CS BACKGROUND On October 20, 1992, the Indian River County Board of County Commissioners approved the above -referenced project (see attachment). The sewer force main unavoidably must cross the railway, which crosses Roseland Road. In order to receive a crossing easement, the lease agreement between Indian River Couhty and F.E.C. for said easement must be executed and returned to F.E.C. for their execution. Indian River County will then receive a fully -executed agreement. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners execute the attached agreements with F.E.C. so that the project may continue. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved agreement with Florida East Coast Railway for the sewer force main to cross the railway, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 29 BOOK 90 PAGE 320 r- AUG 2 4 19-9 NEW HORIZONS MOBILE HOME PARK SEWER CONSTRUCTION DATE: BOOK 90 Pg F. The Board reviewed the following memo dated August 17, 1993: AUGUST 17, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PIN;Oj��� DIRECTOR OF UTSERVICES PREPARED WILLI F MCCAIN AND STAFFED CAPIT CTS ENGINEER BY: DEP ITY SERVICES SUBJECT: NEW HORIZONS MOBILE HOME PARR SEWER CONSTRUCTION IRC PROJECT NO. US -93 -16 -CS BACKGROUND On June 8, 1993, the Indian River County approved the design of a subregional lift Mobile Home Park and the surrounding complete and permitting is under way. ANALYSIS This project was initiated by Indian Department of Health and Rehabilitative Environmental Protection, and the Boar eliminate the severe health risk which sewer collection and treatment system. Board of County Commissioners station to serve New Horizons area. This design is 100$ River County Utilities, the Services, the Department of Board of County Commissioners to exists with the New Horizons On August lo, 1993, while finalizing all remaining utility information at the New Horizons site, we found the sewer collection system had been backed up for at least three days and the lift station was within several inches of overflowing. Also, it should be noted that power will be disconnected by Florida Power and Light in the near future due to nonpayment. This system continues to be plagued with failures, and we now feel that the existing lift station and wastewater treatment plant must be taken off line immediately. We are requesting authorization to acquire at least three quotes from utility contractors that are currently under contract with the County, and award a change order to the contractor with lowest quote allowing us to proceed with the construction of the lift station and force main in the most expeditious manner. The contract will be done as a change order, not to exceed the project's estimated cost of $110,000.00. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners grant us authorization to acquire quotes for and proceed with the construction of this project with no further Board action required. 30 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin, to acquire quotes and proceed with construction of a subregional lift station to serve New Horizons Mobile Home Park with no further Board action required, as recommended by staff. Under discussion, Commissioner Macht asked if there was any guarantee that we will get paid for this project. Director Pinto responded that there is no guarantee we will ever get paid. However, a few weeks ago their system failed and raw sewage was overflowing onto the streets and the County had to rectify the problem. We will continue to place liens on the property. Attorney Vitunac advised that our agreement with the FDIC provides for us to get all our money back. If that does not happen, we have the ability to foreclose on our liens. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Commissioner Adams asked what when the Federal Deposit Insurance Corporation (FDIC) expects to have the foreclosure and sale completed. Director Pinto responded that the foreclosure action has been complicated by the bankruptcy action filed by the owner. Attorney Vitunac advised that the terms of the agreement requires the FDIC to proceed with due haste to conclude this matter. Attorney Vitunac recommended that we give them until October. CHANGE ORDER NO. 1 WITH TREASURE COAST CONTRACTING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ENGINEERING SELECTION FOR DESIGN AND CONSTRUCTION INSPECTION OF VARIOUS WATER MAINS AND SUBDIVISION DISTRIBUTION SYSTEMS AND/OR u WASTEWATER COLLECTION OR TRANSMISSION SYSTEMS THROUGHOUT THE COUNTY The Board reviewed the following memo dated August 17, 1993: 31 BOOK 90 PAGE'11J AUG 2 4 1993 J r AUG 2 4 199 DATE: AUGUST 17, 1993 BOOK 90 � p Fnr,E;j2� TO: JAMES E. CHANDLER COUNTY ADMINISTR4AT FROM: TERRANCE G. PINT DIRECTOR OF UTILRVICES PREPARED * '-0*'* AND STAFFED HARRY E. AS BY: ASSISTANT DIRE OR OF UTILITY SERVICES SUBJECT:_— ENGINEERING SELECTION FOR DESIGN AND CONSTRUCTION INSPECTION OF VARIOUS WATER MAINS AND SUBDIVISION DISTRIBUTION SYSTEMS AND/OR WASTEWATER COLLECTION OR TRANSMISSION SYSTEMS THROUGHOUT INDIAN RIVER COUNTY, INCLUDING ASSESSMENTS RELATED TO THE PROJECTS RFP NO. 3100 BACKGROUND On May 5, 1993, the County received 15 submittals in response to the above related RFP to supply engineering services for the Design and Construction Inspection of Various Water Mains and Subdivision Distribution Systems and/or Wastewater Collection or Transmission Systems Throughout Indian River County, Including Assessments Related to the Projects. The selection committee reviewed the 15 responses and selected 6 firms to be interviewed. ANALYSIS On June 24, 1993, the selection committee interviewed the 6 firms. As a result of the interviews, the firms interviewed were selected to provide the above -related services as follows: The following four (4) firms were selected to provide design and construction inspection of various water mains and subdivision distribution systems, including assessments related to the projects: Carter and Associates Masteller & Moler, Inc. H. F. Lenz L. Robert Kimball & Associates The following three (3) firms were selected to provide design and construction inspection.,inspection of various wastewater collection or transmission systems, including assessments related to the projects: L. Robert Kimball & Associates Carter & Associates Masteller & Moler, Inc. RECOMMENDATION The staff recommends that the Board of County Commissioners authorize the Department of Utility Services to enter into continuing services contracts with the recommended firms to provide the related services for which they were selected. Services for each project will be presented to the Board of County Commissioners on an individual basis for approval. 32 Utility Services Director Terry Pinto explained that 4 firms were selected to provide water main services, and 3 firms were selected for wastewater. Projects are assigned to the engineers on a rotating basis. If one project is larger than usual, the engineer assigned to that project is skipped on the next rotation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized the Department of Utility Services to enter into continuing services contracts, as set out in staff's memorandum. CONTRACTS WILL BE PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED RESOLUTION APPROVING ASSIGNMENT OF DEVELOPER'S AGREEMENT RELATING TO HAWK'S NEST The Board reviewed the following letter from Bruce D. Barkett, Attorney at Law, dated August 9, 1993: Dill 1, L IJ LIAHI(L 1 1 I Al VIIJ H (INOWN VJII I IAM W t'AI NWLI I t'I nla 1 t, t UI I INL. q/ S I t PI 01-1 l UNNI l I V Litt NAIJ 1 6AI4AVA0I IA BRALN I—, W ItU:SLWV UI 1 Oillk.1.1 I-Ilil)IIIV A IIIIU'.tltV I it IAIJN 11 It 111 IL I, ItL.AI I S I All. I AW YI It d:IMills, BI -own & 4;ala1wI .11 C.1 IAI2 1 ERE U A l l ORNE YS A'1 l AW I56 BEACIILANI) BOULEVARD VERO BEA01. FLORIDA 32963 Charles P. Vitunac, Esq. 1840 25th Street == Vero Beach, FL 32960 Dear Charlie: III EASE HEIII Y To..x P01,I OVI IC.L BOX 30116 VEf1O 1lF.'. AU 1. I 1 32964 407131 43,11 I AX. 407 234 5213 August 9, 1993 NI EASE lit III Y I u S(IINN NLACNh//I(( Z12b WINUWM4II VU.; bUl I1 :00 VI 140IJLA( II 11 irvtrJ 40(2,11 •1 / •kJ r A X •10/2)•/ lww4 Hawk's Nest Golf Club is being sold by Hawk's Nest Management, Inc., to Hawk's Nest Golf Club, Inc. (the members). As you know, there are certain Agreements Hawk's Nest 'has with Indian River County. I have enclosed a proposed Developer's Agreement between Indian River County and Vero Sand Pines, dated October 2, 1985, as amended by amendment to Developer's Agreement, dated September 11, 1986. 33 AUG 2 �9�� BOOK 90 PAGE -324 BOOK 90 PAGE,9.5 The closing is scheduled fo3A September_ 1, 1993) The Assignment is in effective only as of the closg date. Please present to the Board of County Commissioners a Resolution approving the Assignment so that we can include the" Resolution in our closing documents on September 1. I will be happy to provide you with any additional information you may require in this regard. Very truly yours, BRUCE D. BARKETT For the Firm Attorney Barkett explained that in 1985, as part of the Hawk's Nest Golf Club site plan approval process, the developer was required to enter into an agreement with the County to pay for a portion of Storm Grove Road and assume responsibility for any maintenance costs for the railroad crossing at the entrance to the project. The developeiq is now turning the Hawk's Nest Golf Club over to the members and the proposed resolution approves the assignment of the developer's agreement to the members. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 93-150, formally approving assignment of developer's agreement relating to Hawk's Nest. RESOLUTION NO. 93- 150 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FORMALLY APPROVING ASSIGNMENT OF DEVELOPER'S AGREEMENT RELATING TO HAWK'S NEST WHEREAS, Indian River County entered into a Developer's Agreement with Vero Sand Pines on October 2, 1985, which Developer's Agreement was amended by that Amendment to Developer's Agreement dated September 11, 1986; and WHEREAS, Hawk's Nest Management, Inc. is the holder of the same Developer's Aunt by assignment; and WHEREAS, Hawk's Nest Management, Inc. wishes to assign to Hawk's Nest Golf Club, Inc. all rights, duties and obligations arising under that Developer's Agreement, and Hawk's Nest Golf Club, Inc. wishes to assume the same rights, duties and obligations as set forth in the Developer's Agreement; and 34 WHEREAS, pursuant to paragraph 7 of the Developer's Agreement, it is assignable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby formally approves assignment of the Developer's Agreement between Indian River County and Vero Sand Pines dated October 2, 1985, as amended, to Hawk's Nest Golf Club, Inc. The resolution was moved for adoption by Commissioner ,r - Eggert , and the motion was seconded by Commissioner J_ Tippin , 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 _944-h day of August , 1993. test: Jeffrey K. Barton, Clerk � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman L� SOLID WASTE DISPOSAL DISTRICT Chairman Bird announced that immediately upon adjournment, the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 35 L- A U G 241993 BOOK 90 FAGS 3?,6 BOOK 90 PAF . `.1 AUG 9 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:40 a.m. ATTEST: J. rton, Clerk 36 Z��'4z� Richard N. Bird, Chairman BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA JOINT MEETING - VERO BEACH CITY COUNCIL AND BOARD OF COUNTY COMMISSIONERS WEDNESDAY, AUGUST 25, 1993 5:01 P.M. - FIRST FLOOR CONFERENCE ROOM COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman (Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht ( Dist. 3 ) CITY COUNCIL Jay Smith, Mayor Caroline Ginn Jack Crossett William Jordan Carl Pease James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board Tom Nason, City. Manager Larry Braisted, City Attorney Phyllis Neuberger, City Clerk * * * * * * * * * * * *. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7 DISCUSSION OF PROPOSED SLUDGE/SEPTAGE ORDINANCE 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. AUG 95 14Q1