HomeMy WebLinkAbout12/20/1994MINUTE"TTACHED
BOARD -OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, DECEMBER 20, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING_
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman (Dist. 4)
Kenneth R. Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K Eggert ( Dist. 2 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A
9:00A M. 1. CALL TO ORDER
2. INVOCATION - Pastor Da -,4d F. Judd
1st Presbyterian Church
3. PLEDGE OF ALLEGIANCE— Charles P. Vitunac
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
7-C Proclamation - Radio Month
7-D Appointment of Chris Marine to Board of Zoning
Adjustment
13-D Discussion of plans for renovation of old courthouse
and annex and parking lot.
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Occupational License Taxes Collected During
Month of November, 1994
( memorandum dated December 7, 1994 )
B. Request to Set Public Hearing Date for an
Ordinance of I.R.C., Florida Establishing New
Occupational License Tax Fees
(memorandum dated December 14, 1994)
8. CONSTITUTIONAL OFFI ERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS PACE
A. PUBLIC HEARINGS
Approved TEFRA Hearing for the Escambia Single Family
Res. 94-163 Housing Program
( memorandum dated December 14, 1994) 7 - 8A
B. PUBLIC DISCUSSION ITEMS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Approved staff Request for Authorization to Submit an A lica-
r e c o m m e n d a t i o n tion for Community Development Block Grant
(CDBG) Neighborhood Revitalization Funds
( memorandum dated December 13, 1994) 9 - 14
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
Approved staff
recommendation Sandridge Golf Club "Dunes Course" Renovation
Program
( memorandum dated November 29, 1994) 15 - 17
E. OFFICE OF MANAGEMENT AND BUDGET
None -
F. PERSONNEL
None
G. PUBLIC WORKS -
BUm agreed with lump 1, Request for Street Li
payment; commit to from 37th St. to 53rdSt.
IR Blvd.
putting lights in that
area (memorandum dated December 7.
(deferred from meeting13/94) )
18-20
Approved. Board gave 2 •
Request for County to Accept 90th Street
staff approval to grant
administrative approval
Between 100th Court and 100th Ave. in
Vero Lake Estates for Maintenance
of these requests if they
( memorandum dated December 13, 19%)
21 - 2S
meet criteria.
3.
Resolution to Provide for Paving and
Approved Res. 94-164
Drainage Improvements to and Set Public
3 n d 94-165
Hearing Date for 130th St. ( Willow St. )
from CR 512 South . to Berry Grovea Ent.
( memorandum dated December 9,
1994)
26 - 34
H. UTILITIES
approved 1
Countryside Mobile Home Park Resolution
No. 85-61, Between Reolcor-Vero Beach
Assoc. 8 Indian River County
(memorandum dated December 9, 1994)
35 - 73
� p p r o v e d 2.
Vero Shores Lift Station Project - Final
Pay Request
(memorandum da —=a ' 12, 1994)
76
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
Intergovernmental Challenges Summit to be held
at the Florida Capitol, Jan. 12-13, 1995
( letter dated December 5, 1994 )
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, December 20, 1994
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, December 20,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; .and Richard N. Bird.
Commissioner Carolyn K. Eggert was recovering from knee surgery.
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.
Pastor David F. Judd of 1st Presbyterian Church gave the
invocation, and Attorney Vitunac led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Tippin requested the following additions to the
Consent Agenda:
7-C Proclamation - Radio Month
7-D Appointment of Chris Marine to Board of Zoning
Adjustment
Commissioner Bird requested a discussion on plans for
renovation of the old courthouse and annex, and parking. (13-D)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) added the above
items to today's Agenda.
CONSENT AGENDA
A. Occupational License Taxes Collected - Month of November, 1994
The Board reviewed the following memo dated 12/7/94:
December 20, 1994 BOOK Fi-lu
BOOK 93 PAL 99.1
�.I;9L (4;.1nu.
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collecto
SUBJECT: Occupational Licenses .0
DATE: December 7, 1994
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $7,184.23 was collected in occupational license taxes
during the month of November, representing the issuance of
266 licenses.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) accepted the above
report.
B. Set Public Hearing Date for Ordinance Establishing New Occupational
License Tax Fees
The Board reviewed the following memo dated 12/14/94.:
TO: Board of County Commissioners%y�
FROM: Terrence P. O'Brien, Assistant County Attorney Vp d
DATE: December 14, 1904
SUBJECT: PROPOSED ORDINANCE ENTITLED:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING NEW OCCUPATIONAL
LICENSE TAX FEES.
The attached ordinance has been prepared establishing new occupational
license tax fees. Staff request permission to advertise said ordinance
for public hearing.
A public hearing date of February 7, 1995 is suggested.
Oq
December 20, 1994
� � r
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) set a hearing date
of February 7, 1995 to consider adopting ordinance
establishing new occupational license tax fees.
C. Proclamation -Radio Month
PROCLAMATION N
DESIGNATING MONTH OF JANUARY, 1995
AS INDIAN RIVER COUNTY RADIO MONTH
` WHEREAS, radio broadcasting is an essential service in
creating public awareness to constantly changing situations in
Indian River County, the State of Florida, the United States and
the world; and
WHEREAS, radio advertising stimulates commerce which helps
maintain a stable economy in Indian River County; and
`•'� WHEREAS, local radio stations consistently offer facilities
for furthering civic projects that benefit all citizens of Indian
River County; and
WHEREAS, radio broadcasters stand in constant readiness to
give selfless aid in time of crisis; and
WHEREAS, the radio broadcasting industry has endeavored to
provide all listeners in Indian River County with programs
designed to inform, educate, and entertain:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
.COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that the month of
January, 1995 be designated as
INDIAN RIVER COUNTY RADIO MONTH
and the Board further urges all citizens of Indian River County
to note the record of achievements of the radio broadcasting
industry,;its personnel and the theme RADIO - THE SOUND OF YOUR
Adopted this 20 day of December, 1994.
BOARD OF COUNTY- COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
i
X�_ l Can
K nneth R. Macht, ice Chai
r
3
December 20, 1994 BOOK
10
93 PAGE J64,
BOOK ZJ 3 F':IuL
D. Appointment to Board of Zoning Adjustment - Chris Marine
The Board reviewed the following memo dated 12/1/94:
LAW OFFICES OF
GOULD, COOKSEY, FENNELL, BARKETr, O'NEILL & MARINE
PROFESSIONAL ASSoc=ON
JOHN R GOULD (1921-1988)
BYRON T. COOKSEY
DARRELL FENNELL
979 BEACHLAND BOULEVARD
LAWRENCE A. BARKETr
VERO BEACH. FLORIDA 32%3
TELEPHONE (407) 231,1100
���� 1X34
EUGENE J. O'NEU.L•
I R H. MARINE
FAX (407) 231-2020 �� � S�
DAVARTER
ID M. C
DAVNL C
*FLA. BOARD CEKtIf M
SEC
CND. TRIAL LAWYER
1994 rn
RECEIVED December 1, 1994 !JlST IaUL10N LUST
�+ ooaRo cou Commissirncrs - /1 .
r NC`s OOMMISSIOI y �'1
Administrator
1���6` Attorney
Ms. Fran Ada Par~onnei
County Commissioner Fid:iic Works
Indian River County Administration Building rimmunity Dwi.
1840 25th Street Uthitio,;
Vero Beach, Florida 32960 Fin -ince
Re: County Board of Adjustment Em- Serv.
Dear Fran:--
cif�r:r
As we discussed, I would like to apply for a seat on the
County Board of Adjustment. I am a local attorney, and a great deal
of my practice involves real estate and real property issues,
including acquisition, development lending and financing, zoning
and land use, insuring titles, etc. I have served on the City
Board of Adjustment nearly'8 years, and I have acted as Chairman
the last 3 years. My real estate background has been quite useful
in the consideration of cases before the City Board of Adjustment,
and I believe my experience can be equally beneficial at the County
level.
Please let me know if there is an available position and thank
you for your assistance.
Sinc el yo r
hris ph Marine
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) appointed Chris
Marine to the Board of Zoning Adjustment.
4
December 20, 1994
� ® r
PUBLIC HEARING - TEFRA HEARING FOR ESCAMBIA SINGLE
FAMILY HOUSING PROGRAM
The hour of 9:00 a.m. having passed, the County Attorney
announced that this Public Hearing has been properly advertised, as
follows:
vf.RO REACH TRESS-JOIMNNL
PubUsl ad Daily
Vero � -ri-. Illdlan 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 daffy newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a /' L
.. J
it the matter of_:i f'
in the Court. was put-
Iishea in said newspaper ,n the issues Of
Affiant further says that the said Vero Beact Press -Journal is a newspaper published at
Vero Beach, in said Indian River County. Florida, and that the safe newsparer has heretofore
been continuously pub-ished in said Indian River County. Florfaa, each aatly and has been
entered as second class mail matter at the post office to Vero Beacn. in said Indian River Coun-
ty. Florida. for a period of one year next preceding the first publication of tri? 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
' i11��;bscnbed be�re m hs day of AD. 19r -
TA
a • `' ("OMes Manager)
MYOatnat.Expnae rya UIPIAr ;Irnar.tu tsohkf.•• rich.,
June
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5
December 20, 1994
Public Notices
NOTICE OF PUBLIC HEARNG
For the purpose of Section 147(f) of the IN
Revenue Code of 1986, as emerMed, rhotic
Z= that the Board of County Comma,
ars of Rives County, Florida, will cord.
public Baring at thea regularly scheduled mt
on December 20, 1994 at 9:00 a.m. In the C,
Commissioners meeting room, located at 1840
Street, Vero Beady, Florida 32960 to onside•
a provW of the twance by the Esc&nbia C
Housing Finance Authorrity on behalf of Indian
County end oter rticipattrgt counties, of nn
ceedmg $80,000, Single FFamlly Mortgage I
nue Bonds.
The proceeds of such bonds will be used to fit
the purchase of single family residences to be
pled prlmarly by first-time home buyers of n
ate, middle. or lesser Income within Indian
County and various otter counties in the SIP
Florida.
The bonds will not constitute a debt of the St;
Florida, Indian River County, or other particq
counties or Housing Finance Authorities, but v
payable solely from payments made from the g
nues generated from the program.
All persons are advised that, . N they decile t
peal any derision made at this meeting, the
need a record of the proceedings, and for sucl
pose, they may need to ensure that a ve,
record of the proceedings Is made, which rw
dudes the testimony and evidence upon' .whir.
appeal Is to be based.
Ali Interested persons are invited to present
ocmments at the time and place get forth above.
Board of County Commissforters
Dec. 6. 1994 11
BOOK F�f 9�
The Board reviewed the following memos dated 12/5/94:
1'0: Members of the Board
of County Commissioners
DATE: December 5, 1994
SUBJECT: ESCAM 31A HOUSING MORTGAGE PROGRAM
FROM: Joseph A.
William R. Hough & Company, underwriter, has approached Indian River County to see if they are
interested in participating in the Escambia Single Family Housing Program for low to moderate
income single family housing. This program involves utilization of Industrial Revenue Bonds.
Industrial Revenue bond allocations are released by districts each year beginning in January on a
first come first serve basis. Indian River County is in district 9B with St. Lucie, Martin and
Okeechobee Counties and the allocation should be over $9.5 million.
St. Lucie County has already committed. to the Escambia Family Housing Program. Indian River
County would be sharing the allocation with St. Lucie County, which we have done in the past.
With St. Lucie County and Indian River County participating in the same program, local
participating lenders can move the money between counties after the first 120 days of the program.
William R. Hough and Company is requesting.we waive the $1,000 administrative fee plus the .5%
ofthe face value of the bonds (.5% up to a maximum of $10,000) because this will be passed on to
the lending institutions and then eventually to the person attempting to obtain the loan.
Indian River County has also received a request from Art Ziev of Raymond James Underwriters to
participate in their program. I feel that it is more advantageous for the County to stay in the
Escambia Single Family Housing Program since St. Lucie County is already participating and this
will give lenders more flexibility at moving allocation of funds between the counties based on the
demand. Also, the lending institutions which have branches in both counties will be working with
requirements of one program not two.
Staff recommends the Board of County Commissioners waive only the .5% per bond fee and
approve the Inducement Resolution and Inter -local agreement with Escambia Housing.
Chairman Tippin opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
2
December 20, 1994
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Eggert being absent) adopted Resolution
94-163, approving the public hearing relating to the
Escambia County Housing Finance Authority.
RESOLUTION NO. 94-163
•A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COiINTY,
FLORIDA,` APPROVING THE PUBLIC HEARING .
RELATING TO THE ISSUANCE BY THE . ESCAMBIA
COUNTY HOUSING FINANCE AUTHORITY OF NOT
EXCEEDING $60,000,000 SINGLE FAMILY MORTGAGE.
REVENUE BONDS, SERIES 1998 (MULTI -COUNTY
PROGRAM). PURSUANT TO SECTION 147(f) OF THE
INTERNAL REVENUE CODE OF 1986. AS AMENDED;
AND.PROVIDING AN EFFECTIVE DATE.
"•" WHEREAS, Section 147(1) of the Internal Revenue Code of 1986, as amended
(hereinafter referred to as the "Code") requires public approval of certain private
activity bonds by an applicable elected representative or governmental unit following a
public hearing and the Board of Coutity Commissioners of Indian River County,
Florida (the "Board"), constitutes an applicable elected representative or governmental
unit: and
WHEREAS, pursuant to Section 1470 of the Code a public hearing was
scheduled before the Board for December 20. 1994 (the "Public IIcaring"), and notice
of such Public Hearing has been given in We form required by the Code; and
WHEREAS, the Board has on December 20. 1994, field the Public Bearing and
has provided at such Public Bearing reasonable opportunity for nil Interested
individuals to express their views. both orally and in writing, on the issuance of the
Bonds: and
WHEREAS, the Board diligently and conscientiously considered all comments
and concerns expressed by such Individuals; and
WHEREAS, the Board desires to express its approval of the Public Bearing as
required by Section 147(0 of the Code:
NOW THEREFORE. BE •IT RESOLVED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA.
Section 1 The Board hereby approves the Public hearing, after due
consideration of all comments and concerns expressed by individuals at the Public
Hearing.
Section 2. , All resolutions or parts thereof of the Board *In conflict with the
`provisions herein contained are, to the extent of such conflict. hereby superseded and
.•repealed.; :
. Section 3. - This Resolution shall lake effect Immediately upon its adoption.
.Dulykadopted in the.r e Q u 1 a r session this 20th day of December. 1994
INDIAN RIVER COUNTY. FLORIDA -
By:
C)iai_a . Boar
John ml5sloycrsippin
7
December 20, 1994
BOOK 93 PAu 8
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT -
NEIGHBORHOOD REVITALIZATION FUNDS
TO: James E. Chandler
County Administrator
DptqION HEAD CONC NCE:
Robert M. Rectiq, AIC
Community Develo men irector
FROM: Sasan Rohani, AICP S '�
Chief, Long -Range Planning
DATE: December 13, 1994
RE: REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NEIGHBORHOOD
REVITALIZATION FUNDS _
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of December 20, 1994.
DESCRIPTION AND CONDITIONS
Recently, residents of both the Colored School Subdivision and the
unplatted Whitfield Subdivision approached county officials
regarding infrastructure improvements in those areas. Residents of
those subdivisions have indicated that road paving is their major
concern.
Together, the two subdivisions have 151 lots, of which 88 have been
improved with single family homes. There are no paved streets in
these subdivisions, and the units are not connected to central
water or sewer facilities. In addition, census data indicate that
there is a high percentage of very low, low, and moderate income
households in the census tracts containing these two subdivisions.
As of this time, however, the exact number and percentage of very
low, low, and moderate income households in the subdivisions is
unknown.
The following table provides general information regarding these
two subdivisions.
POPULATION AND HOUSING UNITS FOR
COLORED SCHOOL SUBDIVISION AND WHITFIELD SUBDIVISION
(1994)
SURDMOICH
TAz
CEasDS TRL'P.
Cmaus nX
POP.
A LOTS
#URJL
COLORED SCHOOL
103(P)
508.04
202
161
203
46
T'T'AL
20753
84
WHITFIELD HUB.
109(P)
508.03
362
16
363
17
364
16
365
13
366
16
367
18
70(P)
33
TOM (P)
-129 d67
35
* (P) = PARTIAL
8
December 20, 1994
r � �
M M M
Since the subject area has a high number of low and moderate income
residents, one source of funding for the desired infrastructure
improvements is the Community Development Block Grant Program.
This program has not been a viable option for the county in the
past, because the county must compete with many other local
governments in the state for. available CDBG funds and funding
formulas have, in the past, been structured to limit the
competitiveness of relatively affluent counties such as Indian
River. Currently, however, the State Department of Community
Affairs is engaged in rulemaking to change the formula and program
requirements of the small cities CDBG program.
As proposed, DCA's draft rule still penalizes the county for its
relatively low percentage of households below the poverty level and
low percentage of inadequate housing units. In reviewing the
proposed rule, staff has determined that the county may be able to
structure a fundable project. To do so, however, the county must
structure its proposed project to obtain as many score points as
possible. Among other things, this will require the county to
provide a match of approximately 22% for the program.
According to the proposed rule, Indian River County will be in a
category where applicants. are eligible for grants of up to
$750,000.00. In its application, the county will score points
based on the nature of the project and the number of low and
moderate income households benefiting from the project. Road
paving is one of the eligible grant activities. Other eligible
activities are the provision of water and/or sewer and minor
housing rehabilitation to upgrade the plumbing system of units with
inadequate plumbing. All of these are activities which will score
maximum points.
ANAYSIS
Staff review indicates that the referenced subdivisions constitute
an appropriate target area. Because of the low/moderate income
characteristics of the area, staff feels that a project can be
designed to include the minimum of 84 low/moderate income
households which must benefit in order to obtain a maximum
$750,000.00 grant. With an estimated $600,000.00 cost to do the
road paving in the proposed area, staff has determined that
benefits can be increased and points maximized by also extending
water lines throughout the project area as well as providing SHIP
deferred payment loans to low and very low income residents to
connect to the water system.
Funding for the project would come from the CDBG program in the
amount of $750,000.00, with matching county funds in the amount of
$160,000.00. This match would come from budgeted petition paving
funds and would constitute the 25% match which the county commits
as a match to all petition paving projects. In addition to those
monies, up to $200,000.00 in SHIP funds would be used for water
impact fees and minor rehabilitation of plumbing systems for low
and very low income residents.
N
December 20, 1994
BOOK .3 PA,L
An estimated project budget is shown below:
PF4WZ r
colla c0unr MR=
TOTAL
Roan an no
$"6,000.00 $154,600.00
$
600,000.00
WATER LIn
EXEMBICK
$194,000.00
-
$
194,000.00
WAM COMMON
$ 50 000.00
$130,000.00 $
1901000.00
R88Ae 1LWMINo
$ 70,000.00 $
70,000.00
ADb 187RATION
$ 60,000.00 $ 6,000.00
$
66,000.00
TOTAL
$750,000.00 $160,000.00
$200,000.00 $1,110,000.00
To determine whether a county CDBG application would be competitive
and could be funded, staff has estimated the number of points that
a county application would receive.
The table below indicates the maximum scores by categories and
predicted county score on a CDBG application:
CATEGORY
MAXIMUM POINTS POSSIBLE COUNTY POINTS*
c Project impact 270 195
c Scope of work 380 370
benefit
c Equal opportunity 100 50
employment
* Community wide need** 250 64.21**
Total Score 1000 679.21
* These scores are staff preliminary estimates
** This is a score calculated by DCA based on each jurisdiction's
1990 census data
The above possible county points are staff preliminary estimates.
These estimates are based on the project providing benefits to
approximately 84 low and moderate income households, the county
providing approximately $160,000.00 in matching funds, and the
county providing up to $200,000.00 of SHIP funds for loans for
water impact fees and rehabilitation of houses.
As is evident from the above table, the county loses most of its
points in the community wide need category. Since point totals for
this category are based solely on census data, the county cannot
affect the community wide need point total. Even with the
community wide point handicap, staff feels that a county
application can be successful.
Up to 8% of the CDBG funds, or $60,000.00, can be utilized to cover
the cost of application preparation and project administration.
These functions could be done by a consultant. By using a
consultant to prepare the application and administer the project,
the county would get the benefit of the consultant's expertise with
the program. This can often make the difference between getting a
project funded or not getting it funded. Most consultants will
prepare the application at no charge to the county if the
10
December 20, 1994
M M M
consultant is assured of administering the project if funded. If
the application receives funding, the consultant would get a
percentage of the project cost, ranging from 5% to 8% for
administering the project. If the project does not get funded,
there would be no cost to the county for the consultant having
prepared the application.
There are several advantages _to using a consultant for grant
preparation and administration. First, there is the program
knowledge that the consultant would bring to the project. Not only
might this help in getting the grant application approved, but it
would eliminate the need for existing staff to spend considerable
time reviewing program requirements. Second, it would eliminate
the need for the county to hire another staff person. Finally, the
cost can be paid mostly from grant funds.
ALTERNATIVES
As structured, the deadline for submitting CDBG neighborhood
revitalization grant applications is March, 1995. If a consultant
is to be used, the consultant selection.process must begin almost
immediately. In addition, a public hearing must be held, and
detailed neighborhood information must be collected.
The Board of County Commissioners has three alternatives regarding
this matter. These alternatives are:
1. Not to apply for the CDBG funds
2. Direct staff (public works and/or community development
staff) to prepare a CDBG application and administer the
grant if approved
3. Authorize staff (public. works and/or community
development staff) to prepare a request for proposal
(RFP) to hire a consultant to prepare a CDBG application
and administer the grant.
Since this is a competitive process and the county has not
previously receieved funding, staff supports the third alternative.
A consultant, specialized in preparing CDBG applications and
administering of CDBG projects, would enhance the county's chance
of receiving the grant. By using a consultant, the county would
incur no cost if the application is not approved.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the public works and community development staff to apply for a
CDBG neighborhood revitalization grant for the Colored School and
Whitfield Subdivisions target area. Staff also recommends that the
Board authorize staff to initiate the process to select a
consultant to prepare the CDBG application and administer the
grant. Finally, staff recommends that the Board commit budgeted
petition paving funds to be used as a match for the grant.
11
December 20, 1994 BOOK F'AQ 13
BOOK FAaE.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) authorized the
submittal of the application for the Community
Development Block Grant, as set out in the above
staff recommendation.
SANDRMGE GOLF CLUB "DUNES COURSE" RENOVATION
The Board reviewed the following memo dated 11/29/94:
DATE: November 29, 19 94 C/ JI
TO: Members of the Board of ty CommissiN�02snlll
SUBJECT: SANDRIDGE GOLF CL 'rtor S OURSE" RENOVATION PROGRAM
FROM: Bob Komarinet� ofGolf
Staff is planning a three phase renovation program on the "Dunes"
course at Sandridge Golf Club. Phase one will be the
reconstruction and slight relocation of the #18 hole green complex.
Phase two will be the reconstruction of greens #1 thru #8 and Phase
three would be the green reconstruction of the remaining 9 greens.
Phase one and two are planned for the summer of 1995 and Phase
three for the summer of 1996.
In both Phases two and three, nine holes will be closed during
construction. The loss of revenue will be negligible because this
is a non -peak period and 27 of the holes will remain open for play.
Estimated cost of Phase one will be approximately $50,000.00.
Total budget for Phase one and two is $190,000.00. The budget for
Phase three will be appropriated upon Board approval in the 1995/96
golf course operating budget. All budgets include the necessary
architectural design fees anaall other related costs.
It will be necessary to hire a golf course architect to design and
prepare the bid documents to perform the work.
Links Designer, Inc. has been the Architect on both the previous
golf courses. Staff believes that it is important that the same
architect do the renovations as did the original design and is
requesting have the Board of County Commissioners approve the
retainage of Links Designer, Inc. to perform the necessary design
work. Compensation is 150 of construction cost of Phase one and 5o
of Phase two and three as specified in the August 24, 1994 letter
(see attached) in all phases of the project.
RECQM--MM DATION
Staff recommends to retain Links Designer, Inc. to perform the
architectural design and to assist through completion of the above
projects.
FUNDS AVAILABLE : ACCOUNT NUMBER 418-221-572-066.39
12
December 20, 1994
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) retained Links
Designer, Inc., as set out in the above staff
recommendation.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST FOR STREET LIGHTING - I.R. BLVD FROM 37TH ST. TO
53RD STREET
The Board reviewed the following memo dated 12/7/94:
TO: James E. -Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Street Lighting - Indian River Boulevard from 37th
Street to 53rd Street
REF. LETTER: Dean F. Luethje, Carter Associates, Inc. to James Davis dated Nov. 29, 1994
DATE: December 7, 1994 FILE: MBLGTS.AGN
DESCRIPTION AND CONDITIONS
Two recently approved developments along Indian River Boulevard Phase IV between 37th
Street and 53rd Street (National Health Corp Adult Congregate Living Facility and Oak Point
Subdivision) will soon be constructed and occupied by senior citizens. Dean Luethje, agent for
National Health Corp., is requesting that the County continue the street lighting program north
along Indian River Boulevard as currently exists south of 37th Street. The City of Vero Beach
is planning utility pole installation along the South one-half mile of this two mile section of
Indian River Boulevard.
ALTERNATIVES AND ANALYSIS
At the utility company's preferred light spacing of 250', approximately seven lights are
recommended at an estimated cost of $29100 per year to light the one-half mile section between
37th Street and 53rd Street. If only seven lights are installed as requested by National Health
Corp., the cost would be $2,100 per year.
FUNDING ALTERNATIVES
The following funding alternatives are presented:
13
December 20, 1994 �.E jZ
BOOK
Alternative No. 1
Fund the entire cost of lighting the one-half mile section of the corridor ($2,100
per year) with budgeted Transportation Fund Revenue beginning in the FY95/96.
If this alternative is approved, there would have to be an increase in the Traffic
Engineering (Fund 111.245) budget each year beginning in FY95/96. Staff would
not support the project if a no budget increase scenario is required at budget time,
since other program items would have .to be eliminated. If the entire two mile
section of Indian River Boulevard from 37th Street to 53th Street is lighted, the
cost would be $12,600 per year.
Alternative No. 2
Request the City of Vero Beach to install the larger utility poles along Indian
River Boulevard at this time and consider the lighting in the FY94/95 Traffic
Engineering budget. The cost for this alternative is $1,260 per year.
RECOMMENDATIONS AND FUNDING
Alternative No. 2 is recommended whereby the County would request the City of Vero Beach
to install the larger poles along Indian River Boulevard at this time. Funding in the amount of
$ 1,260 would be from 111 -245 -Traffic Engineering
Chairman Tippin recalled that this item was tabled from a
previous meeting.
MOTION WAS MADE by Commissioner Adams, SECONDED
by Commissioner Macht, to approve Alternate No.
2 as set out in the above staff recommendation.
Under discussion, Commissioner Bird favored putting the poles
in at the proper time and preferred to make a lump sum payment
rather than make a payment every year.
Commissioner Macht was uncomfortable with funding the lighting
for incoming development. There are no State requirements to light
the Boulevard along that stretch, and it seemed to him that it
serves a private interest.
Commissioner Adams felt that lighting that stretch is
important because it would serve a public safety purpose,
especially for stranded motorists. It could be a frightening
experience, and lighting does deter the type of crime that occurs
in this day and age. She agreed that the cost should be a lump sum
rather than annual payments.
Commissioner Bird pointed out that we have expanded the
pavement along the Boulevard and the lighting would provide greater
protection for joggers and cyclists.
14
December 20, 1994
COMMISSIONER ADAMS WITHDREW HER MOTION
FOR APPROVAL OF ALTERNATIVE 12.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board by a 3-1 vote
(Commissioner Eggert being absent and Commissioner
Macht dissenting) approved Alternate #1 with a lump
sum payment.
COUNTY ACCEPTANCE OF MAINTENANCE FOR 90TH STREET
BETWEEN 100TH COURT AND 100TH AVENUE IN VERO LAKE
ESTATES
The Board reviewed the following memo dated 12/13/94:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for County to Accept 90th Street between 100th Court
and 100th Avenue in Vero Lake Estates for Maintenance
REF. LETTER: Roger Yates to Jim Davis dated Dec. 6, 1994
DATE: December 13, 1994 FILE: 90AV.AGN
DESCRIPTION AND CONDITIONS
The County Public Works Department has received a request for the Department to begin
grading of 90th Street in Vero Lakes Estates Subdivision. This road is located in County
dedicated right-of-way, but has not been historically graded.
ALTERNATIVES AND ANALYSIS
Staff has evaluated the request under the evaluation criteria for non -maintained roads and a
score of 75 points was assigned. A minimum score of 75 points has been previously used for staff
to recommend maintenance grading.
RECOMMENDATIONS AND FUNDING
Since evaluation of 90th Street between 100th Avenue and 100th Court earned a score of 75
points, staff recommends that it be added to the County road grading route.
15
December 20, 1994
$BOX l :t
A
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert being absent) accepted
maintenance for 90th Street between 100th Ave. and
100th Ct., as recommended by staff.
Commissioner Adams asked if the Board has the flexibility to
give administrative authority to Public Works Director Jim Davis to
approve these requests for maintenance.
The consensus of the Board was to authorize Public Works
Director Jim Davis to administratively approve requests for road
maintenance if the roads meet criteria for grading.
RESOLUTIONS I AND H - PAVING AND DRAINAGE IMPROVEMENTS
TO 130Th STREET (WILLOW STREETn
The Board reviewed the following memo dated 12/14/94:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and 91
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public
Hearing date for.
130th Street (Willow Street) from CR512 South to Berry Groves Entrance
DATE: December 14, 1994
DESCRIPTION AND CONDITIONS
The County Public Works Department has initiated a public improvement assessment with the
cooperation of the Fellsmere property owners for road paving and drainage improvements for the
following:
16
December 20, 1994
Two separate Assessment Rolls have been prepared, one assessment roll was prepared for property
owners who own land located in the benefited area within the city limits of Fellsmere, the other
assessment roll is for property owners who own land located in the benefited area of the
unincorporated portion of Indian River County. Staff has prepared the assessment roll in a manner
that the property owners will be assessed for 100% of the total costs being the maximum assessment
possible. These costs include costs for right-of-way acquisition and construction.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability,
cost and amount of the assessment against each property owner.
An assessment roll and plat has been prepared and filed with the Clerk to the Board of County
Commissioners.
RECOMMENDATION AND FUNDING
It is recommended that the Board:
1) Adopt the resolution providing for the paving and drainage improvements for this project
subject to the terms outlined in the resolution. The applicable interest rate shall be
established by the Board of County Commissioners at the time the final assessment roll is
approved.
2) A Budget Amendment in the amount of $845,348:65 ' will be brought before the Board at a
future date if the project is approved
3) Adopt a resolution setting the time and place of the Public Hearing.
Public Works Director Jim Davis advised that staff has done a
lot of work on this project since the public hearing that was held
in Fellsmere last year.
Civil Engineer Michelle Gentile displayed a map of the
Fellsmere area while Director Davis explained that this $900,000
project has a lengthy assessment roll. The roll has been prepared
for the property owners to pay 100% of the assessment, but the
County or the City has the ability to pick up a portion of the
assessment. That will be decided at the public hearing on January
24, 1995.
Commissioner Adams emphasized that the January 24 date
maximizes the time when a great many of the property owners will be
in town.
Commissioner Bird asked Director Davis to recalculate the
figures because it seemed to him that it doesn't come close to $.50
a linear foot.
17
December 20, 1994
Boos Ft�UF �9
3 9-7
Mrs. Gentile explained that we are going to obtain 30-50 feet
of additional feet of right-of-way.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) adopted Resolution
94-164 providing for paving and drainage
improvements to 130th Avenue (Willow Street).
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) adopted Resolution
94-165, scheduling a public hearing for 7:30 p.m.,
Tuesday, January 24, 1995, in Fellsmere.
18
December 20, 1994
*Providing (First Reso.)
1/5/94(ENG)RESI.MAG\gfk
RESOLUTION NO. 94- 164
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH
AVENUE (WILLOW STREET) FROM CR512 SOUTH TO BERRY
GROVES ENTRANCE, PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF
ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has initiated
a public improvement assessment with the cooperation from the
Fellsmere property owners for Road Paving and Drainage Improvement
for 130th Avenue (Willow Street) from CR512 south to the Berry
Groves entrance.
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is EIGHT HUNDRED FORTY
FIVE THOUSAND, THREE HUNDRED FORTY EIGHT DOLLARS and SIXTY-FIVE
CENTS ($845,348.65); and
WHEREAS, the special assessment provided hereunder shall,
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of one hundred
percent (100%) of the total cost of the project ($845,348.65) which
the number of acres owned by the given owner bears to the total
number of acres specially benefited; and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
19
December 20, 1994
BOOK PA�k 998
BOOK
NO. r94- 164
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the �irst to be made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
The following blocks, lots or tracts as shown on the plat of
Fellsmere Farms Company subdivision of all unsurveyed part of
Township 31 South, Range 37 East in St. Lucie County, State of
Florida, dated March 1, 1911, and recorded among the Public
Records of said county in Plat Book 2, Pages 1 and 2:
Block 1739 and the West h of Block 1740; Blocks
1747 through 1754; Blocks 1839 through 1846; Blocks
1847 through 1853; Blocks 1942 through 1951; Blocks
2042 through 2051; Blocks 2136 through 2158; Blocks.
2235 through 2258; Blocks 2335 through 2358; Blocks
2435 through 2458.
Tract�115 less West 92.25 feet, Tract 116 through
119; Tract 215 less West 92.25 feet, Tract 216
through 219; Tract 315 less West 92.25 feet, Tract
316 through 319; Tract 415 less West 92.25 feet,
Tract 416 through 419.
Lying in Indian River County, Florida, and commonly known as
Berry Groves.
ALSO, the following blocks, lots or tracts as shown on the
plat of Homewood, a resubdivision of the Fellsmere Farms plat,
recorded in�Plat.Book 2, Page 14 of the Public Records of St.
Lucie County, Florida:
Lots 1 and 2 in Block 1937; Lots 1, 2, 14, 15 and
16 in Block 1938;'Blocks 1939 through 1941; Blocks
1952 through 1955; Blocks 2036 through 2041; and
Blocks 2052 through 2057.
ALSO the following lots shown on the plat of Tropical Village
Estates, Unit One, recorded in Plat Book 4, Page 94 of the
Public Records of Indian River County, Florida.
;Lots 3, 5, 7, 9, and 11 through 14, in Block 1;'
Lots 14 and 16 in Block 2.
20
December 20, 1994'
No.94- 164
ALSO the following lots" on the plat of Morningside Park,
recorded in Plat Book 1, Page 93 of the Public Records of
Indian River County, Florida:
Lots 37 through 46.
All now lying in Indian River County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified
in their entirety.
2. A project providing for paving and drainage
improvements to 130th Avenue (Willow Street) from CR512 south
to the Berry Groves entrance; heretofore designated as Public
Works Project No. 9126 is hereby approved subject to the terms
outlined above and all applicable requirements of Chapter 206,
et seq. Indian River County Code.
The foregoing resolution was offered by Commissioner
Adams
who moved
its adoption.
The motion
was
seconded
by Commissioner
Macht and,
upon being
put
to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Absent
The Chairman thereupon declared the resolution
passed and adopted this 20 day of December , 1994.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY /� J.� •
JOIiN W. TIPPI , firman
Attest: i/
J FWFRY K.
BAZ,ON, 1 rk
21
December 20, 1994 BOOK LO F'ALJ00 1
BOOK PAGE IJ
Time and Place (Second Reso.) 1/5/94(ENG)RES2.MAG\gfk
RESOLUTION NO. 94- 16 5
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
SETTING A TIME AND PLACE AT WHICH THE OWNERS OF
PROPERTY ON 130TH AVENUE (WILLOW STREET) FROM
CR512 SOUTH TO BERRY GROVES ENTRANCE AND OTHER
INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD
OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING PAVING AND
DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO
THE COST THEREOF, AS TO THE MANNER OF PAYMENT
THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE
SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River County has, by
Resolution No.9 4 -16 4deteiinined that it is necessary for the public welfare of the citizens
of the county, and particularly as to those living, working, and owning property within the
area described herein, that paving and drainage improvements be made to said property; and
WHEREAS, the Board of County Commissioners has caused an assessment roll to
be completed and filed with the Clerk to the Board; and
WHEREAS, Section 206.06, Indian River County Code, requires that the Board of
County Commissioners shall fix a time and place at which the owners of the properties to
be assessed or any other persons interested therein may appear before the Board of County
Commissioners and be heard as to the propriety and advisability of making paving and
drainage improvements to said property, as to the cost thereof, as to the manner of payment
therefor, and as to the amount thereof to be assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
The County Commission shall meet at the Fellsmere Elementary School Auditorium
located at 50 N. Cypress Street, Fellsmere, Florida, at the hour of 7:30 P.M. on
Tuesday. January 24 1995, at which time the owners of the properties to be assessed
and any other interested persons may appear before said Commission and be heard in
regard to said property. The area to be improved and the properties to be specially
22
December 20, 1994
RESOLUTION NO. 94- 165
benefited are more particularly described upon the assessment plat and the assessment
roll with regard to the special assessments.
2. All persons interested in the construction of said improvements and the special
assessments against the properties to be specially benefited may review the
assessment plat showing the area to be assessed, the assessment roll, the plans and
specifications for said improvements, and an estimate of the cost thereof at the office
of the -Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall be given by the Department
of Public Works by two publications in the Vero Beach Press Journal Newspaper a
week apart. The last publication shall be at least one week prior to the date of the
hearing. The Indian River County Department of Public Works shall give the owner
of each property to be specially assessed at least ten days notice in writing of such
time and place, which shall be served by mailing a copy of such notice to each of such
property owners at his last known address.
The resolution was moved for adoption by Corrunissioner Adams , 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 John W. Tippin
Aye
Vice Chainnan Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K. Eggert
Absent
►+
The Chairman thereupon declared the resolution duly passed and adopted this 2 0 day
Of npramhar , 1994.
Attachment: ASSESSMENT ROLL
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By.
JO W. TIPPIN, '
Chairman
23
December 20, 1994 BOOK FAIN 0���
110 o crvyv U4� r
COUNTRYSIDE MOBILE HOME PARK - FRANCHISE RESOLUTION
85-61 WITH REALCOR VERO BEACH ASSOCIATES - SCHEDULE
PUBLIC HEARING
The Board reviewed the following memo dated 12/9/94:
DATE:
TO:
FROM:
PREPARED
AND STAFFED
BY:
SUBJECT:
BACKGROUND
December 9, 1994
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G.
DIRECTOR OF
ANA ANDERS,
FRANCHISEi
DEPARTMENT
CES
OF UTILITY SERVICES
COUNTRYSIDE MOBILE HOME PARK
RESOLUTION NO. 85-61, BETWEEN REALCOR-VERO
BEACH ASSOCIATES & INDIAN RIVER COUNTY
On May 31, 1985, Franchise Resolution No. 85-61 was accepted
between Realcor-Vero Beach Associates and Indian River County for
Countryside Mobile Home Park. (See attached copy of Resolution)
On January 21, 1992, this agreement was modified and approved by
the Board of County Commissioners. This agreement authorized; a)
The use of escrowed funds by the original developer (approximately
$149,867) for cost of connecting to County sewer system; b)
Extension of date for payment of impact fees to June 5, 2002; and
c) Extension of date required for connection to the water system
from June, 1995 to June 5, 2002.
Realcor delayed the connection to the County sewer system until
July, 1993. The physical connection to the County system was
completed on July 17, 1993 and the County started the treatment of
wastewater, from Countryside North, on that date. At the time of
connection to the County system, Realcor was negotiating the sale
of the park to Ellenburg Capital Corporation. Ellenburg Capital
purchased the park in September, 1993.
Realcor and/or Ellenburg Capital are in violation of the Franchise
Resolution and have not responded to notices of the violations.
We are before the Board of County Commissioners to request that a
public hearing be scheduled regarding the above mentioned franchise
for continuing to neglect the requirements set forth in the
franchise agreement. (See examples to follow)
- An annual report and financial statements shall be supplied to
the County within 90 days after close of each fiscal year.
(Section XV of Franchise Resolution) To date, we have not
received an annual report for 1992 or 1993.
- Franchise fees in the amount of six percent (6%) of the
Utility's annual gross receipts, or the sum of five hundred
dollars, whichever is greater, shall be paid to the County.
(Section XV of Franchise Resolution) To date, franchise fees
in the amount of $41,333.36 remain delinquent. (See
attachment A for itemization of fees)
24
December 20, 1994
M
The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to another nor transfer any rights
under this franchise to another without the approval of the
Board. No such transfer, after approval, shall be effective
until assignee or lessee has filed with the Board an
instrument in writing reciting the fact of such transfer and
acceptance of the franchise. (Section XII of Franchise
Resolution) To date, two change of ownership applications
have been mailed to Ellenburg Capital and no response has been
received. (See attached copies of letters mailed with
application forms)
ANALYSIS:
Despite many attempts by correspondence and by phone to resolve
these outstanding issues, all of the above remain delinquent.
As the Franchise Authority, we hereby request that a public hearing
be set on January 24, 1995. Based on the outcome of the public
hearing, we wish to request that the franchise be declared invalid
and that the Utility be required to connect to the County water
system immediately.
RECOMMENDATION:
The staff of the Department of
Board of County Commissioners
Hearing on January 24, 1995,
rM2?j.zi+j:4DIEWO-Ow4aDY41C
BY V4-rw� I -r 4
JAMES E. CHANDLER
County Administrator
FOR )A--2-0 — 9141
Date
Utility Services recommends that the
approve the scheduling of a Public
as presented.
25
December 20, 1994 B0°f '12�
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Eggert being absent) scheduled a public
hearing on this issue at 9 a.m. on Tuesday, January
24, 1995 in Commission Chambers.
VERO SHORES LIFT STATION PROTECT - FINAL PAY REQUEST
The Board reviewed the following memo dated 12/12/94:
DATE: DECEMBER 12, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI RVICES
PREPARED ROBERT O. WISEMEN, P.E.R6'�4j
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: VERO SHORES LIFT STATION PROJECT
INDIAN RIVER COUNTY PROJECT NO. IIS -93 -31 -CS
FINAL PAYMENT REQUEST
BACKGROUND
On May 24, 1994, the Indian River County Board of County
Commissioners approved and awarded the above-mentioned project to
Timothy Rose Contracting, Inc., to construct the subject lift
station. On September 13, 1994, the Indian River County Board of
County Commissioners approved Change Order No. 1, which adjusted the
contract amount to $86,683.00 (copy attached). Construction has
been completed. The engineer has submitted a letter of
certification and completion to the Florida Department of
Environmental Protection. The contractor has made application for
final payment (see attachments).
ANALYSIS
The adjusted contract amount for the project was $86,683.00. The
previous payment made to the contractor to date is in the amount of
$61,999.40, leaving a balance (including retainage) of $24,683.60.
RECOMMENDATION
The Department of Utility Services recommends approval of the final
payment request of $24,683.60 to Timothy Rose Contracting, Inc., as
payment in full for services rendered.
26
December 20, 1994
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Eggert being absent) approved final
payment to Timothy Rose Contracting, Inc., in the
amount of $24,683.60.
FINAL PAYMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
COMNIISSIONER ADAMS TO ATTEND MERGOVE�NTAL
CHALLENGES SUN MW
The Board reviewed the following letter dated 12/5/94:
FL ■ _
• ASSOCIAT/ ■• P.O Box 549 / Tallahassee, Florida 3r3d2.' --,.-- •
OF CO(J%VT: .� Phone. 9041224-3148 FAX: 904/222+5839'
December 5, 1994 ,�rjZb27r?'B
The Honorable Fran Adams (W.�o�p .•_ r• . ' �""
Indian River County Commissioner N •?� `� " ` -" """
1840 25th Street
�ea_
Vero Beach, FL 32960 -
9�s��(£4Z���
Dear C r Adams: �Jt;tat
Your participation is requested at the Intergovernmental Challenges Summit to be held at the Florida
Capitol, January 12-13, 1995. The Summit is being coordinated by the Florida Institute of Government
at Florida State University and the Advisory Council on Intergovernmental Relations. A list of Summit
sponsors and organizers is attached.
The purpose of the Summit is to develop an action agenda to address the most important
intergovernmental challenges confronting Florida's local governments. A carefully balanced group of
approximately 100 participants, including representatives from cities, counties, the Florida Legislature,
state agencies, the Executive Office of the Governor, the Florida Cabinet, special districts, and the
Advisory Council on Intergovernmental Relations will spend one and a half days identifying issues and
designing a political process to address them. The results will be considered by the State Legislature in
the 1995 and 1996 sessions.
The Summit will begin at 8:30 a.m., on Thursday, January 12th, at the House Chambers on the 4th floor
of the Florida Capitol and will adjourn no later than 1:00 p.m. on Friday, January 13th. During the first
day, participants will be divided into small groups reflecting the composition of the overall participant
list. Each group will discuss the same set of questions at the same time to assure that every participant
has an opportunity to address every issue. On.the morning of the second day, the participants will be
reassembled, and a draft policy statement, integrating the results from the discussion groups, will be
reviewed and amended. Participants need to stay for the entire session because the second day is the time
any differences between the discussion groups will be resolved.
Attached is a brochure containing additional information on the Summit. Please call the Florida Institute
of Government at (904) 487-1870 or Suncom 277-1870 to confirm your attendance. We must receive
your response by December 22.
Please call the Florida Association of Counties at 904/224-3148 if you have any questions. We look
forward to hearing from you soon.
Sincerely,
AA -
Charley Ric
President 27
eoa
December 20, 1994 .3
BOOK
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Eggert being absent) authorized out -of -
county travel for Commissioner Adams to attend the
Intergovernmental Challenges Summit in Tallahassee
on January 12-13, 1995.
COURTHOUSE ANNEX RENOVATION AND PARKING
3 PAs,1 Id 5
Commissioner Bird inquired about future plans for the old
Courthouse and Annex, and the Board felt any plans should include
parking for those buildings.
Administrator Chandler advised that recommendations on the old
Courthouse and Annex will be brought to the Commission on January
13, 1995.
and calL.
being no further business, on Motion duly made, seconded
the Board adjourned at 9:35 a.m.
00
ATTEST'
kwq
Barton, Clerk
Minutes approved
28
December 20, 1994
John W. T p^in, Chai n