HomeMy WebLinkAbout5/16/1995MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
Tuesday, May 16, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
Kenneth R. Macht, Chairman (Dist. 3) James E. Chandler, County Administrator
Fran B. Adams, Vice Chairman (Dist. 1)
Richard N. Bird (Dist. 5) Charles P. Vitunac, County Attorney
Carolyn K. Eggert (Dist. 2)
John W. Tippin (Dist. 4) Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1. CALL TO ORDER PAGE
2. INVOCATION Rev. Joe Brooks
20th Ave. Church of God
3. PLEDGE OF ALLL FGUNCE - Comm. Kenneth R. Macht
4. ADDITIONS to the AGENDAIEMERGENCY ITFM�
10.C. Enforcement measures concerning
station illegal dumping report -
11.B. Animal Services bids status report
13.A.2. Department of Environmental
Workshop
5. PROCLAMATION and PRESENTATIONS
Proclamation of Appreciation to Friends of the
St. Sebastian River
; ' ' __ 1 Ihl 5 Y__
Meeting of April 11, 1995
A. Received and Placed on File in Office of
Clerk to the Board:
IRC Hosp. Dist. Meeting Schedule Budget
Workshop & Regular Meeting - May
The Seb. Inlet Tax Dist. Financial Report
FY 1993-94
Report of Convictions, April 1995
transfer
Protection
7. CONSENT AGENDA (cont'd.) P. age
A. Reports Received (cont'd.):
Notice of Annual Meeting of Landowners of
the Sebastian River Water Control District
B. Proclamation Honoring Jeanette Becker Riel
C. Occupational Licenses Collected During Month
Of April, 1995
(memorandum dated May 3, 1995)
D. Acceptance of Pat Brown's Resignation from
Land Acquisition Advisory Committee; Appoint-
ment of Toni Robinson to LAAC
(letter dated April 11, 1995)
E. Letter from James E. Wellman Stating Unable
To Serve on Sesquicentennial Committee
(Letter dated May 1, 1995)
F. David Feldman's Request to Extend Preliminary
Plat Approval for the Proposed Victoria Lakes
Subdivision
(memorandum dated May 2, 1995)
G. _ Request for Board Approval of State Multi -
Party Acquisition Agreements Regarding the
Korangy Tract & Fisher -Sebastian River Pro-
perty LAAC Sites
(memorandum dated May 2, 1995)
H. The Children's Home Society
(memorandum dated April 26, 1995)
I. Proclamation - Healthy Moms Week
J. Agreement / IRC & Jerome D. Brown
Temporary Water Service
(memorandum dated May 2, 1995)
K. Stonebridge S/D - Assignment of
Rights Under Maint. Bond
(memorandum dated May 8, 1995)
L. Miscellaneous Budget Amendment 017
(memorandum dated May 10, 1995)
M. Award Bid #5052 / Ixora Warehouse
Expansion
(memorandum dated April 20, 1995)
None
1_iI11.0 RTWM 5 1�1
B. PUBLIC DISCUSSION ITEMS
Odessa Clark Request to Appear Re:
County Owned Property Sale - Bid
Number 5061
(memorandum dated May 9, 1995)
10. COUNTY AD-MMOSTRATORI&MATTERS
A. Request From Congressman Weldon Re:
Office Space in Administration Building
(memorandum dated May 10, 1995)
B. Request from City of Vero Beach for Funds
To Support July 4th Celebration
(Letter dated May 9, 1995)
None
None
C. General Services
Award Bid #5056 / Phase IV Water Expansion
Contract #2
(memorandum dated May 3, 1995)
D. Leisure Services
None
E. Office of Management and Bud¢
Tourist Development Council
1995/96 Budget Recommendation
(memorandum dated May 11, 1995)
F. Personnel
Deferred Compensation Plan
(memorandum dated May 9, 1995)
G. Public Works
1. 58th Ave. ROW Acquisition;
L.C. Crowe, Parcel 116 & 118
(memorandum dated May 5, 1995)
11. DPP RTMENT T. MATTERS (cont'd.l: PAGE
G. Public Works (cont'd.):
2. IRC/Vero Beach PEP Reef - Monitoring
Program
(memorandum dated May 10, 1995)
3. Developers Agreement - Sand Mine West
Of Old Dixie Highway South of CR512
(memorandum dated May 9, 1995)
4. Petition Paving: 26th Street Between 58th
Ave. & 66th Ave. And Vero Tropical Gar-
dens Subdivision
(memorandum dated May 9, 1995)
H.Uffit es'�
Petition for Water Service in Vero Glen S/D
(memorandum dated May 5, 1995)
A. Construction of Storm Grove Road
(memorandum dated May 5, 1995)
B. New Addition to County Administration
Building
(memorandum dated April 28, 1995)
C. Land Acquisition Advisory Committee
Bond Resolution
(memorandum dated May 10, 1995)
D. Nelson Hyatt - Lake Delores (Park Place)
Utilities
(memorandum dated May 10, 1995)
13. C0M[IVHSSI0NFRS ITEM
A. Chairman Kenneth R. Macht
Fire Hydrant Fees
(memorandum dated May 8, 1995)
B. Vice Ch irman Fran B. Adams
Unfunded Mandates - Hernando County
(letter dated April 12, 1995)
C. Commissioner Richard N. Bird
Fairground Advisory Committee
(memorandum dated May 2, 1995)
M M
D. Comniissioneri Kt
E. Commissioner John W. Tiunin
14. SPEC ALDISTRICTS
A. Emergency Services District
None
B. Solid Waste Disposal D's riot
None
15. A JD OURNMENT
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 x408 at least 48 hours in
advance of meeting.
Tuesday, May 16, 1995
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, May 16, 1995, at
9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams,
Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W.
Tippin. Also present were James E. Chandler, County Administrator;
Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy
Clerk.
The Chairman called the meeting to order, Reverend Joe Brooks
delivered the invocation, and Chairman Macht led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition of item 11.B.,
Animal Services bid status report.
Commissioner Adams requested addition of item 10.C., an update
on the enforcement efforts on the dump situation.
Chairman Macht requested addition of item 13.A.2., Department
of Environmental Protection workshop.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
added the above items to the agenda.
BOOK V� PA��
May 16, 199527
I
BOOK 95 PACE 28
PROCLAMATIONS AND PRESENTATIONS
Proclamation of Appreciation to Friends of the St. Sebastian River
Chairman Macht read the following proclamation into the record
and presented it to Carolyn Corum:
PROCLAMATION
WHEREAS, the invasive patterns of the Brazilian Peppers continue
to expand and choke our peripheral wetlands, killing
native plants, smothering homes for our wildlife and
destroying the beauty of our estuarine boundaries; and
WHEREAS, the Friends of the St. Sebastian River have effected a
program of pepper bashing to restore the quality of the
St. Sebastian River shoreline; and
WHEREAS, the goals of the Friends call for keeping the shoreline
clean, revegetating the shoreline with compatible plants,
and raising public awareness of the River; and
WHEREAS, the Friends have been pepper bashing for three years and
have cleared acres of peppers to the improvement of
Donald McDonald Park; and
WHEREAS, the Friends have planted hundreds of mangroves, cypress,
and dahoon holly to enhance the shoreline and provide
erosion control, habitat protection, fish hatchery and
aesthetic beauty:
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that the unending efforts of the
Friends of the St. Sebastian River to enhance and improve
the shoreline at Donald McDonald Park are greatly
appreciated.
Adopted this 16 day of May, 1995.
BOARD OF COUNTY COMMIISSIONERS
INDIAN RIVER COUNTY, FLORIDA
/ ' / 'V
Kehneth R. cit, Chairma
Carolyn Corum accepted the proclamation with thanks and
advised that when the County is ready to go ahead with Morris
Point, off U.S. 11 in the north County, they will be happy to give
their assistance with that also.
2
May 16, 1995
Proclamation - Healthy Moms Week
(On the agenda as Item 7.I.)
Chairman Macht read the following proclamation into the record
and presented it to Ann Reuter.
PROCLAMATION
WHEREAS, women's health is essential to the. health of our fami-
lies, our communities and our country; and
WHEREAS, more than one-third of all women do not obtain basic pre
ventive health services like a Pap Test, a breast exam, a
pelvic exam or even a physical exam; and
WHEREAS, early detection is critical for the effective treatment
of cardiovascular disease and breast and reproductive
system cancers; and
WHEREAS, Planned Parenthood provides nearly three million women
with access to comprehensive reproductive health care
services, as well as a variety of non -reproductive health
related services; and
WHEREAS, along with the Planned Parenthood Federation of America,
the newly formed Planned Parenthood, Indian River Center,
has declared the week of May 14 - 20, 1995 as Healthy
Moms Week to encourage mothers to take care of their.
needs:
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that the week of May 14 - 20,
1995 be designated as
HEALTH MOMS WEEK.
in Indian River County, and the Board urges all the citi-
zens of this county to be aware of the importance of
women's health needs and the organizations and individ-
uals who serve those needs.
Adopted this 16 day of May, 1995.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
r r:V "00'. . ') A,
enneth R."Macht, Chairma
Ann Reuter accepted the proclamation with thanks.
3
May 16, 1995
BOOK 29
PAr,E
BOOK 95 PA,JE 30
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of April 11, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board approved the
Minutes of the Regular Meeting of April 11,
1995, as written.
CONSENT AGENDA
Commissioner Eggert requested the removal of Item 7.G. for
discussion and Chairman Macht requested the removal of Item 7.D.
for discussion.
Administrator Chandler announced that additional information
handed out marked 7.G. should have been designated 11.G.3.
(Developers Agreement - Sand Mine West of Old Dixie Highway South
of CR -512)
A. Reports
The following reports have been received and placed on file in
the office of the Clerk to the Board.
1. Indian River County Hospital District Meeting schedule -
Budget Workshop and Regular Meeting - May
2. The Sebastian Inlet Tax District Financial Report
FY 1993-94
3. Report of Convictions, April 1995
4. Notice of Annual Meeting of Landowners of the Sebastian
River Water Control District.
4
May 16, 1995
B. Proclamation Honoring Jeannette Becker Riel
PROCLAMATION
WHEREAS, JEANETTE BECKER RIEL joined forces with the Women's
Suffrage movement in 1919 and marched for women's
rights; and
WHEREAS, JEANETTE BECKER RIEL was associated with the national,
state and local election system, and appointed to the
Missouri State and National for Business and Professional
Women'in 1920; and
WHEREAS, JEANETTE assisted with actions leading to the ratifica-
tion of the nineteenth amendment to the Constitution in
1920; and
WHEREAS, JEANETTE was instrumental in helping many responsible
women of high integrity run for, and win elections to
offices of leadership; and
WHEREAS, JEANETTE exhibited complete understanding of the grass-
roots process and its use in turning people out to vote.
She has been a tireless organizer of volunteers and
precinct workers, and has inspired more people and
stuffed more envelopes than anyone in the Republican
Party of Florida or Indian River County; and
WHEREAS, her work as State Committeewoman has meant great gains
for the Republican Party; and
WHEREAS, JEANETTE BECKER RIEL received many honors for her party
affiliation and worked diligently to;make the world a
better place for women to take their part in leadership:
NOW, THEREFORE, BE IT PROCLAIMED by the Indian River County Board
of County Commissioners that JEANETTE BECKER RIEL be
honored by all the citizens of this community for her
dedication to the revolution of women in leadership.
Presented May 8, 1995, and made part of the permanent
record of Indian River County at the Board of County
Commissioners meeting held on May 16, 1995.
May 16, 1995
BOARD OF COUNTY COMNIISSIONERS
INDIAN RIVER COUNTY, FLORIDA
enneth R. Macht, Chairma
5 Box 9& PAUL .31
ROOK 95 P,'u e32
C. Occupational Licenses Collected During Month of April 1995
The Board reviewed a Memorandum of May 3, 1995:
KI 1�7c II IJP
TO: Board of County Commissioners 1
FROM: Karl Zimmermann, Tax Collect
SUBJECT: Occupational Licenses
DATE: May 3, 1995
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $2,320.13 was collected in occupational license
taxes during the month of April,' representing the issuance of
165 licenses.
ON MOTION by Commissioner Eggert,
Commissioner Bird, the Board
accepted the report.
SECONDED by
unanimously
D. Land Acquisition Advisory Committee - Acceptance of Pat Brown's
Resignation and Appointment of Toni Robinson
The Board reviewed the following letters of April 11 and May
3, 1995:
WNEWRA lk&m River Lmd Trot
4871 North AlA Vero Beach, Florida 32%3 407x34-3288
April 11, 1995
Mr. Ken Macht, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, Florida, 32960
Dear Ken and County Commissioners,
Pat Brown has represented the Indian River Land Trust on the
county's Land Acquisition Advisory Committee for the past several
years, but will soon be resigning from that position. She has
done an excellent job, -and the Land Trust is very grateful for
her generous gifts of time and expertise.
May 16, 1995
M
The Indian River Land Trust requests that --I become their
representative on the LAAC Committee. I have been attending
meetings of the LAAC since its inception in 1990, and have
a good perception of the work that has been done to date.
Pat will give me any background information that I may need.
The Indian River Land Trust hopes that you will approve this
appointment, and will be happy to supply any additional
information. Thank you for your kind consideration of this
request.
Sincerely,
Toni Robinson
President
The Honorable Ren Macht
Chairman, County Commission
Indian River County
1840 25th Street
Vero Beach, FL 32960
1740 21st Street
Vero Beach, FL 32960
May 3, 1995
Subject: Land Acquisition Advisory Committee
Dear Ken,
After four years of service on the Land Acquisition Advisory
Committee, I'm afraid it is time for me to resign as the Indian
River Land Trust's representative. The Land Trust has chosen
Toni Robinson to take my place, and I am confident that, upon
appointment by the Commission, she will serve the County well.
We have a saying in my family that I've found useful in
describing my time on the LAAO: "Every experience is either a fun
experience or a learning experience." I am happy to see the
Committee moving toward its goals more quickly now, with a
growing sense of confidence and less internal strife.
This is a good time for me to express my appreciation to the
Commission for its support of the LAAC, and my thanks to you in
particular for your perseverance as chairman of this diverse and
often difficult group. May your reward be in proportion to your
effort.
Very truly yours,
Patricia M. Brown
7
May 16, 1995
Pou 95 '33
I
,,
BOOK 95 Priv 34
Chairman Macht wanted to mention that Pat Brown has been an
extremely productive and faithful member who has contributed
greatly to the research and general operation of the committee and
who will be missed very much.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board accepted with
regret the resignation of Pat Brown from the
Land Acquisition Advisory Committee and
unanimously approved the appointment of Toni
Robinson as her replacement.
E. Tames E. Wellman Unable to Serve on Sesquicentennial Committee
The Board reviewed the following letter of May 1, 1995:
=VISION
THE VISION IN IMAGING TEMPEST
PRODUCTS
Ken R. Macht, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
RE: Your letter of 26 April, 1995
Dear Mr. Macht:
May 1, 1995
I regret that I am unable to serve as a member of the Sesquicentennial Committee. My
attendance at the April meeting was as a favor to Ms. Kay Rogers, who was unable to
attend. Ms. Rogers should be the North County Chapter of the AARP member.
I have recently had to pull back from some of my community commitments due to the
demands of my business. I have decided to limit my involvement for the remainder of
1995 to the Economic Development Council and the Junior Achievement Program.
I hope that I will be in a position to expand my involvement in community affairs in
1996, but I know you will understand building XL Vision is my first and foremost
priority.
Sincerely,
ames . Wellman
Vice PEresident of Operations
May 16, 1995
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board accepted with
regret the notice from James Wellman of his
inability to serve on the Sesquicentennial
Committee.
F. Extension of Preliminary Plat Approval for the Proposed Victoria Lakes
Subdivision - requested by David Feldman
The Board reviewed a Memorandum of May 2, 1995:
TO: James Chandler
County Administrator
D ON HEAD CONCURRENCE:
r
I-ft
bent Keating, AICP
Community Develop ent D' ector
146
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad ,(e
Staff Planner, Current Development
DATE: May 2, 1995
RE: DAVID FELDMAN'S REQUEST TO EXTEND PRELIMINARY PLAT
APPROVAL FOR THE PROPOSED VICTORIA LAKES SUBDIVISION
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 16, 1995.
DESCRIPTION AND CONDITIONS:
Childberg & Mayfield, Inc., on behalf of David Feldman, has filed
a request to extend the preliminary plat approval expiration date
for the proposed Victoria Lakes Subdivision. On December 9, 1993,
the Planning and Zoning Commission granted preliminary plat
approval (with conditions) for a 132 lot subdivision, to be known
as Victoria Lakes. The project is located at the southwest corner
of 61st Street and 58th Avenue. The current expiration date for
the approved preliminary plat is June 9, 1995. Pursuant to the
subdivision LDRs, the extension request may now be considered by
the Board of County Commissioners.
ANALYSIS:
Although the LDRs have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that subsequent amendments as applied to the subject
project are not significant enough to require any revisions or
redesign of the project. All TRC staff members have recently
approved the applicant's request for preliminary plat extension.
9
May 16, 1995
Boox 9 5 PA E 35
BOOK 95 NA E 36
As allowed under provisions of the LDRs, Mr. Feldman is requesting
an 18 month extension of the preliminary plat approval. Staff has
no objection to the Board granting the request, since the
previously approved preliminary plat substantially conforms to
current LDR requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Mr.
Feldman's request for an 18 month extension of the conditional
preliminary plat approval for the proposed Victoria Lakes
Subdivision, with all original preliminary plat approval conditions
to remain in effect. The new preliminary plat approval expiration
date will be December 9, 1996.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved David Feldman's request for an 18 -
month extension of the conditional preliminary
plat approval for the proposed Victoria Lakes
Subdivision, with all original preliminary
plat approval conditions to remain in effect;
new expiration date December 9, 1996.
G. Approval of State Multi -Party Acquisition Agreements Regarding the
Korangy Tract & Fischer -Sebastian River Property LAAC Sites
The Board reviewed a Memorandum of May 2, 1995:
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
Community Develop nt
FROM: Roland M. DeBlois;O-AICP
Chief, Environmental Planning
DATE: May 2, 1995
RE: Request for Board Approval of State Multi -Party
Acquisition Agreements Regarding the Rorangy
Tract and Fischer -Sebastian River Property LAAC Sites
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of May 16, 1995.
10
May 16, 1995
_I
DESCRIPTION AND CONDITIONS
Two sites listed by the County Land Acquisition Advisory Committee
(LAAC) for acquisition are the Korangy Tract on north Jungle Trail
and the Fischer property on the south prong of St. Sebastian River
("Sebastian Creek"). Both of these sites have generally been
approved for cost -share funding under the State Conservation and
Recreational Lands (CARL) program.
For each cost -share project under the -CARL program, a multi-party
acquisition agreement is required between the County and the
Division of State Lands (DSL). In fact, execution of a
County/State multi-party acquisition agreement is a condition of
closing the Korangy Tract purchase contract recently approved by
the Board.
Over the past few months, county staff has coordinated with DSL
staff to finalize the wording of the referenced multi-party
acquisition agreements. These agreements are based on a standard
State format, with certain site-specific language.
Staff requests that the Board approve the attached multi-party
acquisition agreements relating to state cost -share acquisition of
the Korangy Tract and the Fischer -Sebastian River Property LAAC
sites.
ANALYSIS
Korangy Tract
The eastern +15 acre parcel of the Korangy Tract is within the
Archie Carr CARL project boundary, and is generally the portion of
the Korangy LAAC site subject to the multi-party agreement. More
specifically, 11.33 acres of the eastern parcel are landward of a
water boundary line depicted on the certified boundary survey of
the parcel, as approved by the DSL. These.11.33 Acres are the
portion of the Korangy Tract that the State is agreeing to
purchase.
The Agreement provides that the County will assume responsibility
for pre-acquisition tasks such as appraisal mapping, appraiser
selection, and negotiations, all in accordance with State DSL
procedures. During the course of these activities, which have
already occurred, county staff coordinated with DSL staff to ensure
that State procedures were satisfied.
The Agreement also provides that the State will pay closing costs
for that portion of the overall Korangy Tract within the Archie
Carr CARL project boundary. "Closing costs" includes survey,
environmental audit, title insurance and recording costs.
Under the heading of "special conditions", the Agreement has a
disclaimer that the State's purchase participation is contingent
upon available State funding. However, given that the Archie Carr
CARL project is ranked 3rd on the State CARL project list and has
been funded under the FY 94/95 DSL acquisition work plan, non -
participation by the State is remote.
Fischer -Sebastian River Property
The multi-party agreement relating to the Fischer -Sebastian River
property is similar to the Korangy Tract agreement. A difference is
that, since the total property is within the Sebastian Creek CARL
project boundary, the State is agreeing to cost -share for the
overall property. Accordingly, the State will pay 50% of the
purchase price and the closing costs of the property. Due to
May 16, 1995
11
BOOK 9
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37
I
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BOOK 95 F,�u 38
timing, this Agreement will be executed prior to most pre-
acquisition and negotiation tasks. The Sebastian Creek CARL
project is ranked 4th in the State; therefore State funding is
virtually guaranteed.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
the Board Chairman to execute the attached multi-party acquisition
agreements relating to the Korangy Tract and Fischer -Sebastian
River Property LAAC sites.
Commissioner Eggert inquired why the Fischer -Sebastian
document was already executed and the Korangy document was not, and
Chief of Environmental Planning Roland DeBlois explained that it
was normal to execute the agreements before the actual negotiations
because it was really an agreement as to how the process would be
coordinated and the approvals would occur between the County and
the State as things progressed. For example, the State has
approved an appraisal map on that particular project, so it is an
on-going coordination.
Commissioner Eggert also observed that a particular statement
was in the Fischer -Sebastian agreement, but not in the one that
covered the Korangy tract, and Mr. DeBlois explained that actually
the Korangy document was unusual because of the sequence of the
parties participating. The agreement had to be done at this stage
rather than earlier.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the multi-party acquisition
agreements relating to the Korangy Tract and
Fischer -Sebastian River Property LAAC sites.
COPY OF PARTIALLY EXECUTED (IRC ONLY)
MULTI-PARTY ACQUISITION AGREEMENTS FOR
ARCHIE CARR SEA TURTLE REFUGE CARL PROJECT
KORANGY/INDIAN RIVER COUNTY AND
SEBASTIAN CREEK CARL PROJECT
ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
12
May 16, 1995
r
H. The Children's Home Society - Modification to County Deed
The Board reviewed a Memorandum of April 26, 1995: ,
TO: Board of County Commissioners
2,9-(F4� (�j 3(ss•�
FROM: Charles P. Vi unac, County Attorney
DATE: April 26, 1995
RE: The Children's Home Society
At a recent Board of County Commissioners' meeting the Board voted to allow
The Children's Home Society an additional five years to construct a facility
for homeless children on the land sold by the County to the Society for
$25,000. This new condition allows the County advance approval for whatever
construction will occur on the property and again allows the County to
declare a reverter in five years if the condition has not been met.
Recommendation: Staff recommends approval and authorization for the Chairman
to sign the attached Modification to. County Deed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the Modification to County Deed as
recommended by the County Attorney.
MODIFICATION TO COUNTY DEED HAS BEEN FILED
IN THE OFFICE OF THE CLERK TO THE BOARD
I. Proclamation - Healthy Moms Week
(presented earlier in the meeting under Proclamations)
13
BOOK' 95 riuu 39
May 16, 1995
BOOK 95 fr, 40
T. Tempos Water Service Agreement - Terome D. Brown
The Board reviewed a Memorandum of May 2, 1995:
DATE: MAY 2, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILIT SERVICES
PREPARED AND JAMES D. CHAST
2g%
AND MANAGER OF ASS NT PROJECTS
STAFFED BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: AGREEMENT
INDIAN RIVER COUNTY AND JEROME D. BROWN
TEMPORARY WATER SERVICE
BACKGROUND
Mr. Jerome D. Brown has requested that temporary service be
installed from the water line on 43rd Avenue to service his property
at 4240 48th Street, Vero Beach, Florida 32960, prior to the
installation of a water main on 48th Street.
ANALYSIS
The Agreement states that the Indian River County Department of
Utility Services (IRCDUS) shall provide temporary water.service to
Mr. Brown until such time that a water line is constructed on
48th Street by assessment. He agrees to pay all fees required to
make this connection. He further agrees to participate in the
assessment and to reconnect to this water line as required by
IRCDUS.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve the attached Agreement with Mr. Jerome -
D. Brown on the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the agreement with Jerome D. Brown
for temporary water service.
May 16, 1995
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
14
L
_
K. Stonebridge Subdivision - Assignment of Rights under Maintenance
Bond
The Board reviewed a Memorandum of May 8, 1995:
TO: The Board of County Commissioners
FROM: kms-' William G. Collins II - Deputy County Attorney
DATE: May 8, 1995
SUBJECT: Stonebridge Subdivision - Assignment of Rights Under
Maintenance Bond
The plat of Stonebridge Subdivision was approved February 21, 1995. Since
that time all required subdivision improvements have been completed.
County ordinances require the developer to provide a maintenance bond
which warranties the publicly dedicated improvements for a period of one
year.
The developer's contractor has provided a maintenance bond to the developer
which the developer wishes to assign to Indian River County. Such
assignments have been approved in the past with respect to development
projects within Grand Harbor'.
The developers, Westmark Associates Development Company, L.C., have also
provided a Bill of Sale of Utility Facilities for on-site improvements and for
an -off-site force main, and a Bill of Sale for roadway and drainage
improvements.
RECOMMENDATION:
I. Accept the Assignment of Rights Under Maintenance Bond for the
warranty of the publicly dedicated improvements;
2. Authorize the Chairman and Clerk to execute the Assignment of Rights
Under Maintenance Bond; _
3.. Accept the Bill of Sale for on -site -utility facilities;
4. Accept the Bill of Sale for off-site sanitary force main; and
5. Accept the Bill of Sale for required on-site roadway and drainage
improvements (Contract No. SD -94-11-09-B) .
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved staff's recommendation as set out in.
the memorandum.
COPY OF ASSIGNMENT OF RIGHTS UNDER MAINTENANCE BOND,
BILL OF SALE OF UTILITY FACILITIES, AND
WARRANTY, GUARANTY AND MAINTENANCE AGREEMENT AND
BILL OF SALE FOR REQUIRED IMPROVEMENTS
ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
15
May 16, 1995
BOOK
95 P �E 1
95
PAU
L. Miscellaneous Budget Amendment 017
The Board reviewed a Memorandum of May 10, 1995:
TO: Members of the Board
of County Commissioners
DATE: May 10, 1995
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 017
CONSENT AGENDA
FROM: Joseph A. Bair.
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. The State of Florida, Department of Labor, has charged Indian River County for
Unemployment Compensation payments to former employees. A budget
amendment is required to reflect these payments. (Memo attached from Personnel
Director, Jack Price.)
2. At their meeting of May 2, 1995, the Board of County Commissioners approved to
amend the Supervisor of Elections budget for administering elections for the City
ofFellsmere ($1,808) and the City of Sebastian ($5,993). This budget amendment
will allocate the funding.
3. The Property Appraiser has requested an amendment to his budget for legal fees
(see attached memo).
4. Medicaid hospital care is going to be more than anticipated for 1994/95 fiscal year.
It is estimated that $100,000 more is needed to be transferred from General Fund
contingencies. -
5. The attached entry changes the allocation of gas tax proceeds.
6. At the meeting ofMarch 14, 1995, the Board of County Commissioners authorized
an additional $45,000 for the Humane Society from contingencies.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
017.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved budget
amendment 017, as recommended by staff:
16
May 16, 1995
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Direct
or
BUDGET AMENDMENT: 017
DATE: Maio, 1995
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
GENERAL FUND/Clerk of Court
Unemployment Compensation
001-309-513-012.15
$47
$0
GENERAL FUND/Emergency Services
Unemployment Compensation
001-208-525-012.15
$465
$0
EXPENSE
GENERAL FUND
Reserve for Contingency
001-199-581-099.91
$0
$512
EXPENSE
UTIIdTIES/Water/
Unemployment Compensation
471-219-536-012.15
$199
$0
Cash Forward
471-219-536-099.92
$0
$199
2.
EXPENSE
GENERAL FUND/Supervisor of Elections/
001-700-586-099.11
$7,801
$0
Reserve for Contingency
001-199-581-099.91
$0
$7,801
3.
EXPENSE
GENERAL FUND/Property Appraiser
001-500-586-099.06.
$38,100
$0
Reserve for Contingency
001-199-581-099.91
$0
$38,100
4.
EXPENSE
GENERAL FUNO%Hospital
001-111-564-033.17
$100,000
$0
Reserve for Contingency
001-199-581-099.91
$0
$100,000
5.
REVENUE
SECONDARY ROAD TRUST
FUND/Constitu'tional Gas Tax
109-000-335-042.00
$0
$296,117
Cash Forward
1094X)0-389-040.00
$296,117
$0
TRANSPORTATION FUND/Constitutional
Gas Tax
111-000-335-042.00
$296,117
$0
Cash Forward
111-000-389-040.00
$0
$296,117
6.
EXPENSE
GENERAL FUND/Humane Society
001-110-562-088.31
$45,000
$0
Reserve for Contingency
001-199-581-099.91
$0
$45,000
17
May 16, 1995
BOOK 43
Bou 95 PnE 44
M. Bid Award #5052 -Ixora Warehouse Expansion
The Board reviewed a Memorandum of April 20, 1995:
DATE: April 20, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Directo
General Services FROM: Fran Boynton Powell, Purchasing Manage��V-'
SUBJ: Award Bid #5052/Ixora Warehouse Expansion
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: March 22, 1995
Advertising Dates: March 1, 18, 1995
Specifications Mailed to: Twenty (20) Vendors
Replies: Four(4)
Statements of No Bid Five ()
VENDOR BID TOTAL
Jim Wright Construction $44,063.00
Vero Beach, FL
R.K. Davis $51,091.00
Ft Pierce, FL
Bill Bryant & Associates $56,000.00
Vero Beach, FL
H.O.M. Construction $67,300.00
Vero Beach, FL
TOTAL AMOUNT OF BID $44,063.00
SOURCE OF FUNDS Ixora Warehouse Expansion Fund -
471-000-169-248.00
ESTIMATED BUDGET $73,000.00
RECOMMENDATION
Staff recommends that the bid be awarded to the low bidder
Jim Wright Construction as the most responsive and
responsible bidder meeting specifications as set forth in
the Invitation to Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
awarded Bid #5052 to Jim Wright Construction
in the amount of $44,063, as recommended by
staff in the memorandum.
CONTRACT' - ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
18
May 16, 1995
PUBLIC DISCUSSION - ODESSA CLARK" RE: COUNTY -
PROPERTY SALE - BID #5061
The Board reviewed Memoranda of May 9 and 12, 1995:
DATE: MAY 9, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERV ES
SUBJECT: COUNTY OWNED PROPERTY SALE - BID NUMBER 5061
ODESSA CLARK BID
BACKGROUND:
The Board authorized sale of a parcel of property located An 47th
Street in Gifford. In accordance with Florida Statutes this
property was properly advertised and bids opened on April 12, 1995.
Odessa Clark submitted the only bid for this property. However, on
examination of her bid package it was discovered that she failed to
submit a loo deposit in the form of a check or money order, as
required by the bid specifications.
It is policy, and so stated in the advertisement that a deposit be
part of the bid package for sale of all County owned property.
This deposit is to ensure a contract is completed between the
bidder and the County within ten working, days after the Board
accepts the bid and shall serve as' liquidated damages if the
accepted bidder fails to complete the transaction.
On three different occasions, Odessa Clark came to the Purchasing
Division and picked up a bid package. She was informed as to the
proper way for submitting her bid along with the opening
procedures.
ANALYSIS:
When it was discovered a deposit was not part of Ms. Clark's
package, she was sent a registered letter advising her the bid
submitted was rejected. She was also informed that she would be
sent an Invitation to Bid when the property was rebid.
On Monday, .�i1995, the property was advertised for rebid and
an Invitation to Bd mailed to Odessa Clark. Opening date will be
5/19/95.
19
May 16, 1995
Bou 95 Fv F 45
BOOK 95 PAr E 46
DATE: MAY 12, 1995
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: H.T. "SONNY DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICE
SUBJECT: COUNTY OWNED PROPERTY SALE - BID NUMBER 5061
ODESSA CLARK BID
Please be advised that on page 77 of the Agenda for May 16, 1995,.
subject item, in the last paragraph, first line, should read "May
8, 1995".
Odessa Clark. 4746 34th Avenue, Vero Beach, advised the Board
that she did not include a deposit with the bid because she did not
know it was necessary.
Responding to Commissioner Adams' question, Ms. Clark advised
that it was difficult for her to read the bid form.
County Attorney Vitunac advised that the Board had the power
to waive any defects since there was only one bid. If they were
willing to go ahead without a bid bond which protects the County,
they could decide to move forward with the sale process if they
wanted to do so.
Ms. Clark indicated that she was still interested in
purchasing the property, would rebid, and now understood about the
deposit. The Board understood from staff that her bid had not been
made public.
General Services Director Sonny Dean advised there were no
other discrepancies in her bid and the bids were due on Friday, in
3 days time.
By CONSENSUS, the Board encouraged Ms. Clark to rebid.
Kul
May 16, 1995
OFFICE SPACE FOR U.S. CONGRESSMAN DAVE WELDON
The Board reviewed letter of May 10, 1995, and a Memorandum of
May 10, 1995:
DAVE WELDON
co�tn'Id'BO
�atto
onareN of the aireb M
° mm
foOngt at nore�Ientatibes
ice« R
i *ingtan, MC 20515
R�►eu�wroucv
,
May 10,1995
Mr. isms Chandler
Indian Rives Cowuy Admuust oa Building
1840 75th Street
Vero Beach. Florida 32960
Dear W. Chandler -
ORM
z" emmm ►bone anus GUM -ONO
WASOOMM& OC 30818
man -x171
eftvam CG. cow.
zMa -J&I"Or.
N,.0
P.O.O "M7
MCM Nrn r{.OWI-Ow
IWn 02-1778
.AMffistoner inn Macht has a3 i Contact you regaling the possib�liLy �fuu
site County may consider making tae an of space for a Fart time congressional of ux .
I undemand such space would be avaflable free of chmje.. Accotalingly, I would
be thankful for such an offer and would, assuming the details of dw azta 9CxnWt are
consistent with fe nl nxgftWMU and i+estdctions, accept Furthermore, l am grateful for
the support and assismnc e I continue tD receive from mW�)eas of yotu COMM imty.
With my regards and best wishes. I renin,
DW/gIr
= Co iancr iCen Macht
DAVE WELDON
MPr hw of Congress
DATE: MAY 10, 1995 �']„ `►�
TO: JAMES E. CHANDLER'✓ ,r
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY DEAN, DIRECTOR i'p9 `�
DEPARTMENT OF GENERAL SERV CES tO,p
SUWECT: OFFICE SPACE - CONGRESSMAN DAVID WELDON�,.>,. _
On request from Congressman Weldon's office and Commissioner Ren
Macht, I suggested the Probation Office in the new courthouse as a
location for the Congressman to use during his visits to Indian
River County.
21
May 16, 1995
BOOK 95 FAE 47
BOOK 95 F'" �F 48
.General Services Director Sonny Dean responded to questions of
the Commissioners concerning the suggested office in the
courthouse. He advised that the office adjacent to the first floor
conference room used by Senator Patsy Kurth had been offered, but
was declined because there was not enough privacy and they could
not keep their records there.
Commissioner Adams was concerned about the image of the
Congressman's office being in the "probation office", and Director
Dean explained that the office had not been designated as such in
the new Courthouse. There is no sign on the door, but it is
understood that the probation officers may use it in order to
process their paperwork in the Courthouse.
In response to Commissioner Bird's question, Director Dean
advised that the office is fully furnished and all preparations
have been made. They have seen the office and are evidently
satisfied. There is room for a locking file cabinet. They will
have a key to gain access to the office, which is always kept
locked.
Chairman Macht advised that he had spoken with Congressman
Weldon and his representatives and, while they would like to have
had a private office and, he, personally, would like to have seen
them in the Administration Building, we don't have the room and
everybody agreed that this would work out very well.
The Board indicated their CONSENSUS that the arrangements made
by Director Dean for the use of the probation office in the
Courthouse were satisfactory.
MEMO OF UNDERSTANDING°'IS*ON,FILE'IN THE OFFICE OF THE CLERK TO THE BOARD
22
May 16, 1995
W
FUNDING FOR TULY 41H CELEBRATIONS - VERO BEACH AND
SEBASTIAN
BOARD
OF
DIRECTORS
TOBY TURNER
Chapman
GREG BUDDE
Vice Chapman
BILL MICHEL
Secrehsry/Treaswer
TIM GRAUL
Dpector
BILL LEWIS
Director
The Board reviewed letters dated May 5 and 9, 1995:
Vero Beach F
May 5, 1995
Ren Macht, Chairman
BOARD OF COUNTY COMMISSIONERS
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Macht:
sociation, Inc.
ilt�
r
Ot"V
The Vero Beach Firefighters Association, Inc. along with
the City of Vero Beach and the Indian River County Chamber
of Commerce will be hosting the July 4th celebration at
Riverside Park. There will be entertainment on the stage,
food and drink concessions, art and crafts displays an
antique and classic car show, plus a petting zoo for the
little ones to enjoy. Also we are working with the
Veterans council who will have a,special-program to
commemorate the 50th anniversary'endiiLg Ww jr.
All this will start at 12:00 noon and run thru 9:00 p.m.
with a fabulous fireworks finale.
Because this event is for al.l citizens of Indian River
County as an entertainment and recreation activity, we
hope the commissioners would be able to assist with the
program with some type of financial support.
If you would place this on the next meeting agenda, I
would be glad to come and make a presentation to answer
any questions about this event you may have.
I hope to hear from you soon.
Yours or a safer community,
C /j� '
'v
Toby Turner,.Chairman
23
May 16, 1995
BOOK 95 49
BOOK 95 GE 5®
City f T%ero .Beach
10.53 - 201h 17.4Cli • 1'.O. RU.K LIR9
t-. ��.�
F-31. VT-RO BE• (34 ITORIA432961-13R9
C%jG � ,A1 Tilepbonc (407) SG7J151 Far (407) 7783856 i
OFFOE OFT
CITY MA��C�j ��4i1:31Tf:,: 7t`11Cif a .-LC
NAGE
VA
UTILITIESDIREc r 0�y 2 ��,1� May 9, 1995
Kenneth R. Macht, Chairman r.�� �►r:�;tticyU;:,• _�
Board of County Commissioners -
Indian River County Hrzims M
1840 25th Street ONIP-C�.er� `�f,`. .�..._._.___._
Vero Beach, FL 39260 Risk 10g.t. �.
Dear Ken:
Nineteen ninety-five (1995) is a unique year in our nation's history. We have the
50th Anniversary of WE Day, the 50th Anniversary of V -J Day, and the 50th
Anniversary of the end of World War II. The City of Vero Beach, along with the Vero
Beach Firefighters and Paramedics Association, are preparing for festivities that are
to take place at Riverside Park on July 4, 1995. In addition, the Veterans Council and
associated veterans" organizations will be celebrating the aforementioned 50th
anniversaries. In order to make this a gala event, the Firefighters and Paramedics,
along with the Veterans Council and the City of Vero Beach, hopes that Indian River
County will assist in the purchase of the fireworks for this event. by contributing
$2,500 towards this memorable day. The City of Vero Beach, at its regularly -
scheduled Council Meeting of May 2, authorized a similar contribution towards this
special July 4th celebration.
On behalf of all citizens of the County, and all the veterans of World War II and other
conflicts, I encourage your participation in this historic event. I would be more than
happy to attend a future County Commission Meeting to outline some of the
festivities that are planned for July 4, 1995.
Very truly yours,
T. R. Naso
City Ma
e0Utilities Director
Administrator Chandler recalled assisting in the funding for
fireworks for two prior 4th of July celebrations. Last year,
partially associated with the 50th anniversary of D -Day, funds were
provided to both the City of Vero Beach and Sebastian. In 1991,
funds were provided after Desert Storm.
If the Board decided to do so this year, Administrator
Chandler recommended that funding be provided through MSTU
24
May 16, 1995
I
� � r
contingency to both the City of Vero teach and the City of
Sebastian.
Commissioner Eggert suggested it be tied to the 65th
anniversary of Vero Beach.
Commissioner Adams thought that in a tight budget year the
money was better spent on some program to benefit children or
something else that would be more lasting. She felt that a
fireworks display was an event that should be funded by civic
groups or private donations.
Chairman Macht disagreed and favored use of tourist tax, which
would be appropriate in this instance since the fireworks draws
tourists. He deemed a fireworks display was a show of patriotism
and the end of World War II was no small matter.
Commissioner Bird agreed that the patriotism and comradery
generated by a 4th of July fireworks display was only a small part
of what government needs to do. He had never received any
complaints about tax dollars being spent for this use in the past.
Commissioner Tippin agreed that patriotism,µwas important, but
did not want tourist tax dollars spent for fireworks, and
Administrator Chandler reported they had investigated using tourist
tax dollars previously but were recommending MSTU contingency funds
this year.
MOTION WAS MADE by Commissioner Tippin,
SECONDED BY Commissioner Eggert, to approve
staff's recommendation. (provide $2,500 each
to City of Vero Beach and City of Sebastian
from MSTU contingency funds for 4th of July
fireworks displays.
Commissioner Adams asked if this would be put in the budget
for next year, and Commissioner Eggert wanted it tied to the 65th
anniversary of Vero Beach.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
25
May 16, 1995
BOOK 95 F.�;E 5�
BOOK 95 Pare 5
.Commissioner Adams wanted it understood that if Indian River
Shores or Fellsmere requested money for fireworks they would
receive the same.
It became clear that there was some concern as to the exact
motion that had been approved. Commissioners Eggert and Tippin
believed the motion was just for City of Vero Beach since it was
the only city to ask for funding; the others understood that both
cities of Vero Beach and Sebastian were included in the motion.
Commissioner Tippin moved to reconsider, and
Commissioner Eggert seconded the motion.
Under discussion of the motion to reconsider, OMB Director Joe
Baird advised that the City of Sebastian had also requested funding
and he had discouraged them from coming to the Board.
Commissioner Tippin withdrew his motion to
reconsider, and Commissioner Eggert withdrew
her second.
It was understood that any further requests for fireworks
funding would be considered at the time they are received.
STATUS REPORT ON ENFORCEMENT MEASURES CONCERNING
TRANSFER STATION ILLEGAL DUMPING
Administrator Chandler reported that during the past week 11
citations and 18 warnings were issued. At some of the stations
there has been some improvement and at one station there was a
significant improvement during the 2 days closed as a result of the
citations, signage and intermittent presence of Code Enforcement
officers. He felt it was too early to say what the total effect
would be.
No action taken.
May 16, 1995
M
26
M
M
HOUSING & OTHER SERVICES FOR ANMALS IN CUSTODY OF
ANTINIAL CONTROL AUTHORITY
Administrator Chandler reviewed a Memorandum of May 12, 1995:
TO: Jim Chandler, County Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: May 12, 1995
SUBJECT: Information and Recommendation Regarding IRC
RFP 5065 - PROVIDE HOUSING AND OTHER SERVICES
FOR ANIMALS IN THE CUSTODY OF THE INDIAN RIVER
COUNTY ANIMAL CONTROL AUTHORITY
The Request for Proposals issued in Indian River County RFP 5065
was returnable on May 10, 1995. Unfortunately, there were no
responses received from the twenty potential vendors for these animal
control related services and the RFP was also advertised in the
newspapers.
In surveying a small number of the vendors, it appears that
generally, the concerns for not responding to the RFP were as
follows•
1. Length of the contract being stated as one year with
possible renewals, unless notice was given to terminate by
either party. It was felt financial resources could not be
obtained or committed to this type of short term contract.
2. Concerns regarding euthanasia and disposing of remains.
3. Requirement of having veterinarian services on call 24
hours a day.
4. Uncertainty of long term commitment by the County to this
type of arrangement for housing animals for the Animal
Control Authority.
The following alternatives are submitted for consideration:
1. Revise the RFP scope of services and readvertise; or
2. Obtain authorization for staff to negotiate with vendors who
indicated a serious interest in responding to the RFP,
(including the Humane Society due to the time element, if
necessary), to determine if a proposed' agreement can be reached
for consideration by the Board; or
3. Consider constructing a facility to house animals and lease the
facility out to a private entity to operate on a contractual
basis.
It is my suggestion that you consider recommending Board approval of
Alternative #2, due to time constraints and a known preference of
staff and Commissioners not to engage in the business of housing
animals for the Animal Control Authority.
Please contact me if you would like for me to amplify on this matter
further.
27
May 16, 1995
BOOK 95 P,1E 5J3
BOOK 95 PA;E 54
Commissioner Eggert felt they needed to clarify the four
points found confusing by those who were considering bidding.
Emergency Services Director Doug Wright agreed and stated that
was one of the reasons for suggesting direct negotiations. He
thought the confusion could be clarified in face-to-face
communication.
Administrator Chandler advised that the concern was not just
the fact that the Humane Society was looking for a multi-year
contract, but the amount of they increase they were looking for in
the first, second, and third years, the total amount, plus wanting
to attach a COLA or CPI to it.
Administrator Chandler understood that some of the other
prospective bidders were looking at providing a shelter, where a
capital expense would be a concern, and they wanted to amortize the
cost. To get on a level playing field, he felt we would need to
provide the same things as the Humane Society and see the total
cost.
Chairman Macht asked if Alternative 2 would provide them with
everything they needed to reopen negotiations, and Administrator
Chandler agreed it would.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
authorized staff to negotiate with vendors who
indicted a serious interest in responding to
the RFP, (including the Humane Society due to
the time element, if necessary), to determine
if a proposed agreement can be reached for
consideration by the Board. (Alternate 2)
BID AWARD #5056 - PHASE IV WATER EXPANSION CONTRACT #Z
SPEEGLE CONSTRUCTION
The Board reviewed a Memorandum of May 3, 1995:
28
May 16, 1995
DATE: May 3, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
FROM: H.T. Dean, General Services Directo
Fran Boynton Powell, Purchasing Manag
SUBJ: Award Bid 05056/Phase IV Water Expansion
Contract 02
Utilities Department
BACKGROUND INFORMATION:
Bid Opefling Date:
April 4, 1995
Advertising Dates:
March 1, 8, 15, 1995
Advertisement Mailed to:
Twenty Six (26) Vendors
Replies:
Ten (10) Vendors
Statement of "No Bids"
-0-
V iQ$
BID TOTAL
Speegle Construction
$ 887,000.00
Cocoa, FL
Strickler Brothers
$ 899,350.61
Ft Myers, FL
McGrand & Associates
$ 900,792.02
Blane, MN
Treasure Coast Contracting
$ 908,954.67
Vero Beach, FL
Martin Paving
$ 928,762.65
Vero Beach, FL
Hall Contracting
$ 977,671.53
St Petersburg, FL
Derrico Construction
$ 985,803.15
Melbourne, FL
Driveways, Inc-
$1,089,622.58
Titusville, FL
Tri -Sure Corporation
$1,182,068.60
Auburndale, FL
JoBear $1,228,980.80
Melbourne, FL
TOTAL AMOUNT OF'BID $ 887,000.00
SOURCE OF FUNDS Utilities Assessment Fund
473-000-169-215.00
ESTIMATED BUDGET $ 940,369.19
RECOMMENDATION
Staff recommends that the bid be awarded to Speegle
Construction as the lowest, most responsive and
responsible bidder meeting specifications as set forth
in the Invitation to Bid.
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
awarded Bid #5056 to Speegle Construction in
the amount of $887,000, as recommended by
staff.
AGREEMENT ON FILE IN OFFICE OF CLERK TO THE BOARD
29 -
May 16, 1995
BOOK
95 Fa,,E 55
BOOK 95 Fa,E 56
TOURIST DEVELOPMENT COUNCIL BUDGET
RECO�ATIONS FY 1995 -
The Board reviewed a Memorandum of May 11, 1995:
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board
of County Commissioners
DATE: May 11, 1995
SUBJECT: TOURIST DEVELOPMENT COUNCIL
1995/96 BUDGET RECOMMENDATION
FROM: Joseph A. Baird�j�p�
OMB Director
DESCRIPTION AND CONDMONS
On May 10, 1995, the Tourist Development Council reviewed budget requests for fiscal year 1995/96
to be paid from Tourist Tax revenue. The Council's recommendations are listed below:
Organization
1994/95
Funding
1995/96
Request
1995/96
T.D.C.
Recommendation
Offshore Reef
$270,750
$270,750
$270,750
Exchange Club -Air Show
$5,000
$20,000
$4,000
Center for the Arts, Inc.
$10,000
$10,150
$8,000
Riverside Theatre, Inc. (1)
$16,267
$5,000
$4,000
City of Vero Beach (2)
$66,690
$0
$U
Vero Beach/IRC Chamber of Commerce
$230,000
$264,332
$230,000
Vero Beach Municipal Airport
$0
$100,000
$0
Rotary Club of Vero Beach/Sunrise
$5,000
$9,000
$4,000
Vero Beach Firefighters Association (Adv. & Promotion)
$0
$25,000
$0
Vero Beach Firefighters Association (Multi -Purpose Bldg.)
$0
$300,000
$0
Reserve for Contingency
$20,750
$36,280
$20,750
TOTAL
$624,457
$1,040,512
$541,500
(1) lawn nudntelmm at Riverside Theatre and Center for the Arts (approved for one year 1993/94-$16,267 billed in current fiscal year.)
(2) Veterans Memorial at Riverside Park ($66,690)
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the amounts recommended by
the Tourist Development Council_
May 16, 1995
Commissioner Eggert asked if it was correct that there is a
chance of extra funds and that there might be a larger contingency.
Commissioner Tippin reported that the TDC deliberated long
and hard and they specifically wanted to resolve the matter with
the Florida Revenue Commission. If they find a sizeable change in
the income, they will reconsider their recommendations to the
County Commission.
MOTION WAS MADE by Commissioner Eggert,
SECONDED by Commissioner Tippin, to approve
the FY 1995/96 budget recommendation of the
Tourist Development Council with the
understanding that it will be readdressed if
additional funds become available.
Chairman Macht asked OMB Director Joe Baird for.his analysis
on the reality of an increase in the income to the County from the
Tourist Tax revenue.
OMB Director Joe Baird contended that the information sent to
the Chamber of Commerce was completely different from the
information sent to his office with the check, yet the information
in both instances was on Department of Revenue letterhead. Last
month, the information he received indicated $57,000 in tourist tax
development revenues, but the information to the Chambers of
Commerce throughout the state said $107,000. The reports are
continually like that. During a recent conference call with the
Department, someone stated they thought the check they send us was
a preliminary number and they did not know who was responsible for
the other report because each individual has their own work load
and they don't cross department lines. He planned to write them a
letter that we are owed money and ask them to reconcile it.
Director Baird expected the County will receive a big check in the
next two months.
Commissioner Tippin wanted the public to know that as soon as
Tax Collector Karl Zimmerman had his computer on line, we would be
collecting the funds locally.
Chairman Macht believed there would be a significant
difference when that happens.
Commissioner Eggert asked how soon it would happen, because
she felt it was enormously important, and Commissioner Tippin
replied it was impossible to get a specific date from Mr.
31 BOOK 9 F.+�� 1
May 16, 1995
BOOK 95 PALE 58
Zimmermann just now. Chairman Macht predicted it would be October
before Mr. Zimmermann got on line.
Commissioner Eggert wanted to know if there was any way to
expedite that happening, and Director Baird stated that if for some
reason Mr. Zimmermann is unable to do it, which he didn't think
would happen, we would attempt to do it in the Budget office. It
would take a lot of work, but someone has to do it locally, because
the records are so poor at the state level. He believed there were
only 127 tourist tax returns filed in the whole county.
Chairman Macht suggested that doing it locally, the amounts
would be greater and there would be better accountability.
Commissioner Adams asked the committee's philosophy on their
funding recommendations, and Commissioner Tippin responded that no
policy is set in stone, but the recommendation under consideration
followed the committee's 3 -hour meeting. Commissioner Eggert
commented that while some of the names to receive funding were the
same, different projects were the actual recipients.
Director Baird advised that some of the projects continue to
be funded because they occur at either the beginning or end of the
"tourist season". Extending the season was one of the TDC's
criteria and they used that rationale for approving some events
because they felt that the air show and bike race, which they had
originally planned to fund for three years, accomplished that goal.
Chairman Macht was unhappy with the reduction in the cultural
funding recommendations (Center for the Arts and Riverside Theater)
and extolled the value of the cultural organizations for both
employment and tourism reasons. He pointed out that requested
funds were often used to match larger grants from other sources and
hoped that they would be first to have their full requested funding
restored when additional monies were received.
Commissioner Eggert stated the arts were recipients of funding
through the Chamber also and believed that all of that factored
into it.
It was the CONSENSUS of the Board that if more funds were
forthcoming, that cultural groups should receive additional.
Director Baird emphasized that the TDC wanted to readdress the
requests as soon as it is determined that additional funds are
available. He pointed out that they had tried to be extremely fair
and that it was a difficult job because the requests were twice the
amount of money available.
32
May 16, 1995
Commissioner Tippin agreed that if more funding became
available they should readdress the requests, but he strongly
recommended that the Board go along with the TDC recommendation.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
DEFERRED COMPENSATION PLAN
The Board reviewed a Memorandum of May 9, 1995:
To: Board of County Commissioners
Thru: James Chandler, County Administrator
From: Jack Price, Personnel 9°
Sub: Deferred Compensation Plan
Date: May 9, 1995
The National Association of Counties (NACO) established a Deferred
Compensation Program and selected the Public Employee Services
Corporation (PEBSCO) as plan administrator. PEBSCO has asked that
Indian River County employees be able to participate, if they wish.
The plan is similar to the International City Management
Association (ICMA) Deferred Compensation program now available to
Indian River County employees. Both ICMA.and NACO plans are well
managed and offer a variety of investment options.
The appeal of deferred compensation programs is that they allow
employees to save money toward retirement while sheltering its
investments from current federal withholding taxes, thereby
reducing reportable W-2 wages while working. An employee's
deferral may be from $20.00 per month to as much as, 25% of a
taxable county salary, not to exceed $7,500 annually. The plans
are administered in compliance with IRS Section 457.
Consideration may be given to offering the NACO plan in addition to
the ICMA plan, thus providing employees with a choice. No matter
which plan is selected, participants are subject to the rules
listed in the previous paragraph.
33
May 16, 1995
BOOK 95 F,F 5
Boa 95 F.k,•F 60
The work required by the Clerk's Office and Personnel Department to
introduce the additional plan represent the only costs and these
are not substantial.
Recommendation
That the Board of County Commissioners approve the addition of the
National Association of Counties Deferred Compensation Program to
the fringe benefits available to County employees.
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Eggert, to approve
the addition of the National Association of
Counties (NACO) Deferred Compensation Program
to the fringe benefits available to County
employees.
Personnel Director Jack Price responded to general questions
and asked the Board to designate a coordinator to administer the
plan. His recommendation for coordinator was the Personnel
Director.
MOTION WAS AMENDED to include designation of
the Personnel Director as coordinator to
administer the plan, as recommended by staff.
THE CHAIRMAN CALLED THE QUESTION and the
motion, as amended, carried unanimously.
58th AVENUE R O -W ACQUISITION - L.C. CROWE
PARCELS 116 & 118
The Board reviewed a Memorandum of May 5, 1995:
-----------------
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis P.E.
Public Works Director+
FROM: Donald G. Finney, SRAM
County Right -of -Way Agent
SUBJECT: 58th Avenue Right -of -Way Acquisition; L. C. Crowe, Parcel
#116 and Parcel #118
DATE: May 5, 1995
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement project from 26th Street to Oslo Road.
34
May 16, 1995
The property owner has executed two separate contracts at the
appraised value as follows:
PARCEL #116, 56' R -O -W x 1,330.37' (1.71 acres) $27,360
A-1 Zoning, appraised value $16,000 per acre
3 rows of mature citrus trees outside the R -O -W
for a Temporary Construction Easement, 129
trees at $50.00 each $ 6,450
Attorney's Fee $ 1,250
TOTAL CONTRACT PRICE $35,060
PARCEL #118, 56' R -O -W x 676.58' (.87 acre) $13,311
A-1 Zoning, appraised value $15,300 per acre
2 rows of mature citrus trees outside the R -O -W
for a Temporary Construction Easement, 50
trees at $50.00 each $ 2,500
Attorney's Fee $ 1,250
TOTAL CONTRACT PRICE - $17,061
RECOMMENDATION
Staff requests the Board of County Commissioners approve the two
contracts including attorney's fees, #116 at $35,060 and #118 at
$17,061, and authorize the Chairman to execute the contracts.
FUNDING
Funding to be from Local Option Sales Tax Account No. 315-214-541-
066.31.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved two contracts with L. C. Crowe for
Parcels #116 (total contract price $35,060)
and 1118 (total contract price $;7,,061) for
acquisition of right-of-way for -the paving
improvement project on 58th Avenue from 26th
Street to Oslo Road, as recommended in the
memorandum.
COPY OF CONTRACTS FOR SALE AND PURCHASE
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
35
May 16, 1995
aooK 95 FaE 6.
BOOK 95 F1;E 62
PEP REEF MONITORING PROGRAM - CONTRACT NEGOTIATIONS
R TEST PLAN com—ToNEN rs
The Board reviewed a Me orandum of May 10, 1995:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E., C
Public Works Director
FROM: Don G. Donaldson, P.E.,
Coastal Engineer
SUBJECT: Indian River County/Vero Beach PEP Reef - Monitoring Program
DATE: May 10, 1995
J. Smith, with the USACOE Coastal Engineer Research Center (CERC), is completing
the test plan pursuant the DEP requirements. The test plan includes beach surveys, wave
and currents analysis and biological surveys. Most of the data collection is to be
performed by the Florida Institute of Technology. CERC will be providing project
oversight, data analysis and the prepay tion of all reports.
Staff expects to have a completed an
Commission meeting. CERC's initial cc
excess of $1.0 million dollars. Staff is we
all non-critical elements so that the me
current test plan is estimated to cost apF
expensive, staff is confident that it can
DEP approved test plan before the May 16th
estimates for the monitoring programs were in
;ing with CERC, FIT and the DEP to eliminate
toring costs can be considerably reduced. The
)ximately $900,000. While this cost is still very
e further reduced.
Staff is requesting the Board of Co my Commission authorize the Public Works
Department to negotiate contracts w'th the USACOE and FIT for this monitoring
program. The negotiated contracts wil be presented to the Board for final approval.
The following alternatives are presented:
Alternative No. 1
Authorize staff to negotiate
test plan components.
Alternative No. 2
Direct staff to delay contract
test plan and issued a permit.
Staff recommends Alternative No. 1.
May 16, 1995
contracts with CERC and FIT for their
until the DEP has approved the
ding will be from Tourist Tax revenue.
36
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Eggert, to approve
Alternative No. 1, to authorize staff to
negotiate separate contracts with CERC and FIT
for their test plan components.
Under discussion, Commissioner Bird was concerned about the
requirements on page 7, paragraph 4, under the Expectation Values
and Ranges heading, and Coastal Engineer Don Donaldson explained
that the existing reef itself provides about an acre and a half of
sediment.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
DEVELOPERS AGREEMENT - ATLANTIC COAST ENIMBPRISES
INC. & RICHARD FEY - SAND MINE (W. OF OLD DDUE HIGHWAY.
S. OF CR -512)
The Board reviewed a Memorandum of May 9, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director"
SUBJECT: Developers Agreement - Sand Mine West of Old Dixie Highway South of CR512
REF. LETTER: Dean F. Luethje, P.E. to James Davis dated May 1, 1995
DATE: May 9, 1995
DESCRIPTION AND CONDITIONS
Atlantic Coast Enterprises, Inc. (Richard Brown, President) is developing a sand mine on the
Atlantic Coastal Ridge south of Sebastian city limits. The only road access to the mine is a one -
lane section of Old Dixie Highway south of CR512. The developer, county staff, and City of
Sebastian recognize the need to widen a one-half mile section of Old Dixie Highway to two lanes
leading to the mine. The developer will pay a traffic impact fee of approximately $11,875.50,
which will fund the cost of asphalt to pave the road. Another sand mine is proposed just north
of the Atlantic Coast Enterprises mine, and the owner Richard Fey, has agreed to fund the cost
of limerock base to widen Old Dixie. Mr. Fey's mine lies within the City of Sebastian. The
County Road and Bridge Division can install the base material this summer.
37
May 16, 1995
BOOK 95 p �F 63
ALTERNATIVES AND ANALYSIS
The attached developers agreement betwe
for the developer donating sufficient road
for purchasing the asphalt to widen Old I
are as follows:
Alternative No. 1
Approve the developer's
Highway.
BOOK 95 64
Atlantic Coast Enterprises and the County provides
ht -of -way and paying a Traffic Impact Fee to be used
ie Highway to two lanes. The alternatives presented
to authorize the widening of Old Dixie
Alternative No. 2
Deny approval of the developer's agreement and allow the mining trucks to
operate traveling both directions oi an existing one lane road. This condition
would be hazardous.
Alternative No. 3
Post Old Dixie Highway south of
would cause an inconvenience to
Staff recommends Alternative No. 1 wh(
for execution by the Chairman. Labor to
and Bridge Division.
(Clerk's Note: When
Agenda earlier in the
announced that additic
concerning this item, w
7.G.)
12 as a "one way" road southbound. This
ain property owners.
the attached Developer's Agreement is approved
J the road widening materials will be by the Road
Board considered the Consent
ting, Administrator Chandler
material had been handed out
was designated incorrectly as
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippi , the Board unanimously
approved 1) the developer's agreement with
Atlantic Coast Ente prises, Inc., to pay the
traffic impact fee o approximately $11,875.50
for funding the co t of the asphalt to pave
the road; and 2) he developer's agreement
with Richard Fey to fund the cost of the
limerock base to widen Old Dixie Highway; and
authorize the widening of Old Dixie Highway,
as recommended by staff in the memorandum.
(Alternative No. 1)
38
May 16, 1995
AN AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
ATLANTIC COAST ENTERPRISES, INC.
Old Dixie Highway South of CR512
TFIISAGREEMENT, made this _A day of , 1995, by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, 1840 25t Street, Vero Beach, Florida, 32960, hereafter
called °COUNTY°, and ATLANTIC COAST ENTERPRISES, INC., C/O RICHARD BROWN, P.O. BOX
78213, SEBASTIAN, FL. 32978 hereafter called "DEVELOPER";
WITNESSETH.
WHEREAS, private sand mining activities proposed along the west side of Old Dixie Highway by
DEVELOPER require improvements to Old Dixie Highway to handle the traffic anticipated from the proposed
mining activities; and,
WHEREAS, the COUNTY proposes to construct roadway widening and drainage improvements on Old
Dixie Highway to provide a standard two lane roadway hereafter called PROJECT, in a manner that will
adequately handle the impacts of the proposed sand mining projects; and,
WHEREAS, DEVELOPER, in conjunction with approvals for his project, has either paid their fair share
Traffic Impact Fee (T.I.F.) for his project or is agreeable to fund a portion of the above mentioned widening
improvements to Old Dixie Highway.
NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration,
the COUNTY and DEVELOPER agree as follows:
1. The COUNTY agrees to construct all roadway improvements on Old Dixie Highway south of
CR512 (approximately 1/2 mile), in accordance with the engineering drawings as prepared by
Indian River County, within ninety (90) days of the date of phis Agreement.
2. DEVELOPER agrees to pay his total project fair share Traffic Impact Fee to be used for the
construction of the asphalt surface course associated with the road widening. Said fee shall be
paid prior to beginning Phase I. DEVELOPER shall deed to the COUNTY sufficient right-of-
way approximately 357.2 feet, along Old Dixie Highway to provide an 60 foot road right-of-way
to construct this section of Old Dixie Highway.
IN WITNESS WHEREOF, the COUNTY and DEVELOPER has caused these presents to he executed
in their names, the day and year first above written.
Signed, sealed and deliver
in the pr ce o
printed name: Georee A. guns
�- xa� --
printed name: Dean F eWe
By-der4•3
printed name: Richard Brown
Title: president
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 28th day of , 1995 by RICHARD
BROWN who is personally known to me or who has produced N/A as identification.
R
WOMMMO
MVW'�R ML�
39
May 16, 1995
Commission No.
State of Florida at Large
•
BooK 95 * Fa,,. -L 6
BOOK 95 pn,E �6
BOARD OF COUNTY COMMISSIONERS
enneth R. Macht, Chairman
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Kenneth R. Macht, as Chairperson of the Board of County Commissioners, to
me well known and known to be the person described in and who executed the foregoing instrument, and
acknowledged before me he executed same.
WITNESS my hand and official seal this /6
ZTARYPU
Printed name:
Commission No.
State of Florida at ILL e
My Commission Expires:
—PAM= M. PAMY
jamg ltCImmen s
J= 27, IM
emmmmmM=FAM=
Appro as to form and legal sufficiency
� e
terry- O'Brien,
Asst. County Attorney
day of X�% , 1995.
Approved for Public Works matters:
James, W. Davis, P.E.,
Public Works Director
AN AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
RICHARD FEY
Old Dixie Hiehwav South of CR512
THISAGREEMENT, made this /a- day of ,1995, by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Flo ida, 1840 25th Street, Vero Beach,
Florida, 32960, hereafter called "COUNTY", and RICHARD FEY, P.O. BOX, 0936, ROSELAND,
FL 32957-0936 hereinafter called "DEVELOPER";
WITNESSETH.
WHEREAS, private sand mining activities proposed along the west side of Old Dixie Highway
by DEVELOPER require improvements to Old Dixie Highway to handle the traffic anticipated from
the proposed mining activities; and,
WHEREAS, the COUNTY proposes to construct roadway widening and drainage
improvements on Old Dixie Highway to provide a standard two lane roadway hereafter called
PROJECT, in a manner that will adequately handle the impacts of the proposed sand mining project;
and,
WHEREAS, DEVELOPER, in conjunction with approvals for his project, is agreeable to fund
a portion of the above mentioned widening improvements to Old Dixie Highway.
NOW THEREFORE for and in consideration of the premises and other good and valuable
consideration, the COUNTY and DEVELOPER agrees as follows:
The COUNTY agrees to construct all roadway improvements on Old Dixie Highway
south of CR512 (approximately 1/z mile), in accordance with the engineering drawings
as prepared by Indian River County.
2. DEVELOPER agrees to pay the cost of an 8" limerock base ($4,100) for the
improvements of the PROJECT and deliver the rock to the site. In addition,
DEVELOPER shall deed to the COUNTY, sufficient right-of-way'along Old Dixie
Highway to provide an 60 foot road right-of-way.
40
May 16, 1995
J7V WITIVF.S,S WHEREOF, the COUNTY and DEVELOPER has caused these presents to be
executed in their name, the day and year first above written.
Signed, sealed and delivered
in the Presence of
printe4 nhme:
—(t .`� �ct
printed name:_ n in i
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DEVELOPER
By
printed name: Richard Fey
Title:
The foregoing instrument was acknowledged before me this day of %RC, -z- , 1995 by
RICHARD FEY who is personally known to me or who has produced
as identification.
d'O`fA ' LIC:
Print name:
OFFICLlL NOTARY SEAL
NOTARY ptig,.GlC STATE OF FLORM
Commission No.
COMMLSs1ON NO. CCM State of Florida at Large
MY COMMISSION EXT. AM. 16,3W g
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS
enneth R. Macht, Chairman
SARIDA r//6/��
COUNTY OF INDIAN RIVER
Before me personally appeared Kenneth R. Macht, as Chairperson of the Board of County
Commissioners, to me well known and known to be the person described in and who executed the
'foregoing instrument, and acknowledged before me he executed same.
WITNESS my hand and official seal this a 3 day of n '1995.
ARY PUBLIC -
.1 -77-)
Printed
In
Commission No.
State of Florida at Large
My Commission Expires:
Approved as to form and legal sufficiency Approved for Public Works matters:
ct
Terry O'Brien,Ja , es W. Davis, P.E.,
Asst. County Attorney Public Works Director
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
41
May 16, 1995
BOOK
95 F,�r,,. 67
Booz 95 pmu 68
PETITION PAVING: 1) 26TH STREET BETWEEN 58TH & 66TH
AVENUES. AND 2) VERO TROPICAL GARDENS SUBDIVISION
The Board reviewed a Memorandum of May 9, 1995:
TO: James E. Chandler,
County Administrator
C.
FROM: James W. Davis, P.E.,,
Public Works Director
SUBJECT: PETITION PAVING - 1) 26th Street between 58th Avenue & 66th Avenue
2) Vero Tropical Gardens Subdivision
REF. LETTERS: 1) Tom Presby to James Davis dated April 19, 1995
2) Frank Malfa to Jim Davis dated Feb. 22, 1995
DATE: May 9, 1995
DESCRIPTION AND CONDITIONS
The Public Works Department has received petitions from property owners requesting the
County to pave the following unpaved graded county roads:
1) 26th Street( Walker Avenue) between 58th Avenue and 66th Avenue - petitioner
E.J. DeBartolo Corp.
2) Vero Tropical Gardens Subdivision - Various property owners.
ALTERNATIVES AND ANALYSIS
1) 26th Street Petition Pavin- - The petitioner is the developer of the proposed Indian
River Mall. Since the mall is scheduled to be complete in October 1996, the Public
Works Department is of the opinion that the project should be engineered as soon
as possible so that construction can begin in Jan. 1996. Due to previously
submitted petitions to pave other local roads, the staff has a full design schedule for
1995 and does not consider it fair to ask other county property owners to accept
a delay to pave their road while 26th Street is moved up in priority, particularly
since the 26th Street petition was received after other petitions were received.
Retaining an outside consultant to design and acquire permits for the project will
accelerate the timing. Right of way acquisition for the project is proceeding by
E.J. DeBartolo Corp at this time.
2) Vero Tropical Gardens (West of I-95 north of SR60) - The attached letters from
property owner Frank V. Malfa indicate that owners of most lots in Vero Tropical
Gardens would like the County to proceed with the 100% Special Assessment
funding project to pave roads and install county water in the 484 lot subdivision.
42
May 16, 1995
Since engineering of road paving, drainage improvements, and water line
installation is costly, the County should not fund expensive engineering design
costs prior to a public hearing authorizing the project. If the project were not
approved, design costs would not be recoverable. A conservative, preliminary
assessment roll could be prepared with a construction estimate at this time. If good
support is voiced at the Public Hearing, the project could be authorized and
engineering proceed thereafter. By following this procedure, the County would
not risk the cost of engineering prior to a Public Hearing.
The alternatives presented are as follows:
Alternative No. 1
26th Street - Authorize staff to issue a RFP for engineering design services.
Funding to be 50% by Special Assessment and 50% County (1¢ Local
Option Sales Tax)
Vero Tropical Gardens Subdivision - Schedule a Public Hearing for
property owner consideration based on a conservative preliminary estimate
prior to full design. No funding would be needed at this time.
Alternative No. 2
Do not accelerate the implementation of the above projects but wait until
1996 until in-house design is scheduled.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended whereby both projects are accelerated.
MOTION WAS MADE by Commissioner
SECONDED BY Commissioner Eggert, to
Alternative No. 1 and accelerate
projects, as set • out in
recommendation.
Adams,
approve
both
staff's
Under discussion, Commissioner Eggert asked if there was any
way to help Indian River Estates' residents get out to the light on
SR -60 at 66th Avenue, and Public Works Director Jim Davis replied
that he had recently spoken with the Indian River Estates people.
He explained that the County has had an on-going project to acquire
the 1/2 mile of right-of-way west of 66th Avenue in order to pave
the section to Village Green. All of the right-of-way has been
acquired, except for one parcel. They plan to proceed with the
special assessment for that project. Hopefully, the property owner
will come in to sell his right-of-way to offset the assessment (and
43
May 16, 1995
Boa 95 fa,E 69
BOOK 95 pg '5 � 0
avoid eminent domain) and they can get that section paved within
the next year.
Commissioner Eggert wondered how that would help Indian River
Estates, because Village Green was beyond that, and Director Davis
advised that Indian River Estates was on the west side of 74th
Avenue and the road was already paved from 74th Avenue to the east
property line of Village Green, so this would give the Indian River
Estates people the ability to go north on 74th, a paved road, and
come east to 66th and there will be a traffic signal at 66th and SR
60, so that should give some continuity to Walker Avenue.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
VMO GLEN SUBDIVISION - PETITION FOR WATER SERVICE
The Board reviewed a Memorandum of May 5, 1995:
DATE: MAY 5, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI SERVICES
PREPARED JAMES D. CHAS
AND STAFFED MANAGER OF AS NT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION FOR WATER SERVICE IN VERO GLEN SUBDIVISION
(32ND COURT SW, SOUTH OF 1ST STREET SW)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -10 -DS
A petition has been received from the residents of Vero Glen
Subdivision (32nd Court SW, south of 1st Street SW) requesting the
County to supply potable water to its residents. We are now coming
to the Board of County Commissioners to seek approval to begin
design of the above-mentioned project. (See attached petition and
plat map.)
ANALYSIS
One of the subdivision's 16 lots, on the southeast corner of 32nd
Court and 1st Street SW, is on County water and will not be included
in this assessment project. Of the 15 lots to benefit from the
assessment, 13 (87%) have signed the attached petition. Lot sizes
range from .44 acres to .64 acres, 13 (87%) being less than .50
acres in size.
The attached map displays_ the area to benefit from the assessment
project. This project is to be paid through the assessment of
property owners along the proposed water line route. In the
44
May 16, 1995
interim, financing will be through the use of impact fee funds.
Design services will be provided by the Department of Utility
Services.
The staff of the Department of Utility Services recommends approval
of the above -listed project authorizing the Department to proceed
with the design engineering work in preparation for the special
assessment project.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner .Tippin, the Board unanimously
authorized staff to proceed with the design
engineering work in preparation for the
special assessment project to provide water
service to the Vero Glen Subdivision, as
recommended in the memorandum.
CONSTRUCTION OF STORM GROVE ROAD
Assistant County Attorney Terry O'Brien reviewed the
memorandum dated May 5, 1995:
TO: Board of County Commissioners
1
00V
FROM: Terrence P. O'Brien - Assistant County Attorney
DATE: May 5, 1995
SUBJECT: CONSTRUCTION OF STORM GROVE ROAD
RE: LETTER FROM ROBERT CAIRNS TO COUNTY
ATTORNEY DATED APRIL 19, 1995 (COPY ATTACHED)
The subject matter has been before the Board on several occasions.
Recently, action was held in abeyance waiting the outcome of
negotiations between Cairns and Hawk's Nest Golf Course. The
referenced letter reports that no agreement has been reached and
requests that the County "reactivate our request for the road...."
Previous memoranda and correspondence on this subject are attached for
ease of reference.
The courses action appear to be limited to the following:
1) Build the road as requested.
2) Do nothing, in effect, refuse the Cairns request.
3) Place the matter before a court of competent jurisdiction and
ask what are the County's legal obligations in this matter.
45
May 16, 1995 BOOK 95 PA ,E 71
BOOK 95 pAu 72
Brief analysis of the courses of action:
1. If course of action #1 is followed, this is clearly within the
authority of the Board and there would appear to be no liability on the
Board's part for taking this course.
2. If course of action #2 is followed, the Board could be subjected to
a law suit by Cairns - -If he should prevail, damages against the
County would likely follow.
3. If course of action #3 is followed, the Board would take such
action, if any, as ordered by the Court. There would appear to be no
liability on the Board's part for taking this course.
Recommendation:
This office recommends that the Commission not select course of action
#2 because of the potential liability. With respect to courses of action
#1 and #3, one of these courses should be selected. This office makes
no recommendation as between these choices.
Chairman Macht asked Attorney O'Brien's opinion on the
liability exposure, and Attorney O'Brien responded that their
office has expressed an opinion that they feel there is some
requirement on the County to build the road and if we didn't build
it and Mr. Cairns were to take the County to court and prevail, he
would probably be able to get damages for a temporary taking.
Commissioner Eggert commented for information purposes that
the road is not in place on the County's future transportation plan
and the topic drew a lot of discussion within the MPO committee.
Chairman Macht asked if that would affect our liability and
County Attorney Vitunac responded that it would have no effect on
liability.
Robert Cairns, 425 W. Colonial Drive, Orlando, Florida, the
managing partner for Vero Sand Pines Partnership, owner of the
property, gave the history and understanding of what they thought
would happen to the property. He reviewed his letter of April 19,
1995:
(9
ROBERT A -CAIRNS,
Mr. Charles It pr'"`r°Q`"`'"�'S"°"
County Attorney
County Administration Building
1840 25th Street
Vero Beach, Fl. 32960
Re: Vero Sand Pines request for Storm Grove Road
Dear Mr. Vitunac,
Suite 206
425 West Colonial Drive
Orlando, Florida 32804
Telephone
407$49-8745
April 19, 1995
The purpose of this letter is to ask the County to proceed with the request for Storm
Grove Rd. west of U.S. #I to the land owner's ( Vero Sand Pines ) easterly boundary. it is the
46
May 16, 1995
land owner's intent to have the property developed as soon as a reasonable access can be
determined.
Action on this request was stopped several months ago to see if Hawks Nest wanted to
work with the land owner on providing adequate access from the current crossing or purchase the
property. The purchase price could have been worked out at the average value of two MAI
appraisals. Their answer was that they did not want to do anything except fight Storm Grove Rd.
Since our current access is not adequate to serve as the entryway fora 170 unit development, we
must have Storm Grove Rd. to proceed. As a result, we respectfully request that you reactivate
our request for the road with the County Commission.
I will look forward to hearing from you.
Sincerely,
Robert A. Cairns, Managing Partner
Vero Sand Pines
Mr. Cairns said they had relied on Storm Grove Road being
there and are requesting that Storm Grove Road be put in at least
to their property. He understood why Hawk's Nest did not want the
road. He had wanted to appear before the Board in February and one
of the Commissioners suggested reviewing it with the Hawk's Nest
people to see if there was an alternative, but they had not reached
any agreement. Failing that, he was back before the Board asking
for the construction of the road so they could get on with
development and utilization of the land as intended.
Chuck McKinnon, local attorney representing members of Hawk's
Nest Country Club who are opposed to the construction of Storm
Grove Road, was troubled by several statements in Mr. Cairns'
letter of April 19th. He read the first sentence of the second
paragraph and advised that he had attended the November 1 meeting
of the Board at which time the matter was tabled because of the
concern on what the MPO would say about the necessity of Storm
Grove Road. He recalled that the MPO's final opinion came forth
January 11, 1995, and they did not put the road on the list of
roadways in Indian River County that were needed through 2020. He
did not recall that Hawk's Nest was requested to be part of the
discussion on November 1. The letter also referred to a purchase
price based on two MAI appraisals. Hawk's Nest does not want to
purchase the property, but had indicated a willingness to discuss
it, and had an appraisal done, albeit a verbal report, of
approximately $400,000, the same as the assessed value of the
property. They met with the Vero Sand Pines partners and were told
the price was $1,700,000 and the price was not negotiable. They
47
May 16, 1995
BOOK 95 P' AF 73
BOOK 95 PAGE 74
couldn't afford it and did not pursue it further. Their only
intention was to fight Storm Grove Road when the issue came up.
Mr. McKinnon addressed the three alternatives in staff's
memorandum and encouraged the Board to proceed with selecting
Alternative 2.
County Attorney Vitunac recommended that first the Board
should decide if they want to build the road, because, if they do,
then all the legal matters would go away. But if they felt there
was not a need to build the road now, then the only question was
whether to wait and perhaps be sued, or take the initiative and
file a declaratory judgment.
Commissioner Eggert asked County Attorney Vitunac to comment
on waiting until the developer' takes action which shows a true
desire to develop. She felt it was obvious that the Board had said
they did not want to build a road or it would nbt have been
eliminated from the MPO plan for the next 20 years. She favored
moving approval of Alternative 2 with the understanding of what
they would be waiting for would be the developer to come forward
with a site plan.
County Attorney Vitunac believed the developer was not
required to produce a site plan before his right to a road was
determined. If Alternate 2 were chosen, the developer may come
forward with a site plan, but the ball was in his court as to what
legal action to take. He may come forward with a site plan, then
the Board is faced again with.the same choice.
Commissioner Eggert commented that then they would be looking
at it differently. She asked if Mr. Cairns' was correct that there
was not an acceptable alternative route.
Community Development Director Bob Keating advised that he
told Mr. Cairns that it was unusual easement and they were not sure
that they could build an adequate access road, but the major
consideration was how the drainage would be treated.
Public Works Director Jim Davis recounted the history of the
present temporary railroad crossing which would be relocated to
Storm Grove Road when the road is constructed.
Commissioner Eggert asked what the problem would be to get a
crossing on 53rd Street, and Director Davis explained.the process
of transferring underutilized crossings.
Commissioner Bird felt that it would not negatively affect
anyone to go forward with the construction of the crossing at 53rd
and Storm Grove Road, and Director Davis agreed that it needed to
be done. _
48
May 16, 1995
William Caldwell, 856 Reef Road, Vero Beach, stated he had
history with this issue for some years, detailed how the property
had been divided, and recounted his discussions with a Mr. Radson
of DOT. He described all the procedures, but stated that the
ultimate decision of where to put the crossing was that of DOT. He
favored a crossing at 53rd Street.
Chairman Macht asked if the division of the property abrogated
any agreement, and County Attorney Vitunac saw no relevance.
Brief discussion ensued on the pros and cons of each of the
three alternatives.
MOTION WAS MADE by Commissioner Adams in favor
of Course of Action 1): to place the matter
before a court of competent jurisdiction and
ask the County's legal obligations in this
matter. MOTION DIED for lack of a second.
Questions concerning the costs which would be incurred by
choosing either of the remaining alternatives were raised.
Director Davis advised that the last crossing replacement, some
years ago, was $36,000. It had been envisioned*that the $80,000
pledged would be used to pave the road and that it would cover
everything except the relocation of the crossing. The County might
ask the developer to cover the cost of the relocation of the
crossing as well and then there would be no cost to the County.
MOTION WAS MADE by Commissioner Eggert,
SECONDED BY Commissioner Adams, to approve
Course of Action 2): to do nothing, in effect,
refuse the Cairns' request.
Under discussion, Chairman Macht thought the best interest of
both parties would be served to continue negotiations to reach a
mutual agreement. Commissioner Tippin thought the County might
need to pursue definitive conversation with DOT and FEC about the
crossing. Commissioner Eggert thought those conversations had
happened, but Director Davis advised that they had not had the time
49
May 16, 1995
BOOK 95 F,+ 1,J E 75
BOOK 95 P,�u 76
to aggressively pursue the 53rd Street project because there has
not been much traffic demand for 53rd. They have had some
discussions with FEC, but have not submitted an application with
DOT which is a very slow process.
Commissioner Bird asked if County Attorney Vitunac agreed with
Mr. Caldwell's opinion if Alternative #3 were chosen and if his
staff would be defending the County or taking a neutral position.
County Attorney Vitunac stated that his office would present the
agreement to the court, give their opinion of it, and offer
opportunities to other interested parties to intervene. He assumed
that the Hawk's Nest people and Mr. Cairns would enter into it and
fight it out. The County might not be an active party in it,
merely ask what it means and let the other sides determine it. If
the judge said, "Build the road," then his office would probably be
in an action against Hawk's Nest for the 10 -year old agreement on
their mortgage to help fund the road, because they're now saying
that it's illegal and don't want to pay their share.
Commissioner Bird thought it would be difficult for County
Attorney VitunacIsoffice to take a neutral position after they had
already stated in writing that the County had an obligation to
build the road. County Attorney.Vitunac stated they would not be
arguing, but merely presenting the case to ask the court to make
the determination.
Chairman Macht asked which course of action would operate to
the best interest of the citizens of Indian River County.
Commissioner Adams asked what Alternative #3 would cost and
how long it would take, and County Attorney Vitunac thought it
would only cost the $100 filing fee and would take approximately
three months.
The Chairman CALLED THE QUESTION. MOTION to
approve Course of Action 2 FAILED 2-3
(Commissioners Eggert and Tippin favored;
Commissioners Adams, Bird, and Macht opposed).
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Bird, to approve
Course of Action 3): to put the matter before
a court of competent jurisdiction and ask the
County's legal obligations in this matter.
50
May 16, 1995
Under discussion, Commissioner Bird commented he thought it
was the fairest thing to do to both parties; the County was not
"passing the buck", but putting it in the hands of the court.
Commissioner Eggert thought we were not only "passing the
buck" but aggressively exposing the County, but would not vote
against the motion.
THE. CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
NEW ADDITION TO COUNTY ADMINISTRATION BUILDIN
Assistant County Attorney Terry O'Brien reviewed a Memorandum
of April 28, 1995:
TO: Board of County Commissioners ��--
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: April 28, 1995
RE: New Addition to the County Administration Building
The Board of County Commissioners at its regular meeting of April
18, 1995, authorized the staff to begin a feasibility study of adding a
fourth floor to the west wing of the .present administration building.
Such an addition would raise the height of the building to approximately
48 feet.
This brings into question whether the; Charter ,Amendment to the
City of Vero Beach Charter which limits heights in this zoning district
to 35 feet would preclude this addition.
There are several facts which could be interpreted as establishing
County grandfather rights to build to a greater height than 35 feet.
They are as follows:
1) The charter Amendment was adopted in 1989 and it provides
that the "building height limitations ... shall not be increased
by action of the City Council...." The intent of this Charter
Amendment was to preclude the City Council from amending
the zoning ordinance to increase height limitations and density
levels. The county proposal doesn't require any zoning
amendment it merely asks for its previously established
grandfather rights to be approved.
2) The County building when originally approved, long before
1989, was approved with the understanding that it might be
increased by at least one story. With this in mind, the
elevator was constructed to go to 5 stories and the roof of
51
May 16, 1995
BOOK 95 F.,)E 77
BOOK 95 rA,UE 78
the third floor was constructed of poured concrete so as to
support the fourth floor. This was done at considerable
extra expense. This clearly shows an intent to go to the
four floors someday and an approval by the City to allow
construction of at least a fourth floor.
3) There are architectural drawings in existence dated 9-23-64
which clearly show a fourth floor.
In view of the foregoing, it can be concluded that the City of
Vero Beach in approving the county proposed addition would not be
changing the height restrictions for the district, but merely allowing a
building designed, planned and built in part for at least four floors,
long before the Charter Amendment, to be completed in accordance with
the original concept. However, before the County should proceed to
expend funds on the project this interpretation should, at a minimum,
be placed before the City Council for their concurrence. If they agree
further approval by the Courts could be sought.
Attorney O'Brien recommended an appearance before the City
Council of Vero Beach for their blessing and to file for a
declaratory judgment to determine everybody's rights since it might
be risky to go forward and expend the money without the judicial
imprimatur because some citizen might challenge it.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously
approved the recommended course of action in
connection with the addition of a fourth floor
to the County Administration Building.
Attorney O'Brien asked if anyone from the Board would be
appearing before the City Council. It was the CONSENSUS of the
Board to authorize Attorney O'Brien to appear alone before the City
Council of the City of Vero Beach.
52
May 16, 1995
LAND ACOUISITION ADVISORY COADIFUEE BOND RESOLUTION
The Board reviewed a Memorandum of May 10, 1995:
TO: Board of County Commissioners
0��kA�
FROM: Charles P. Vitunac, County Attorney
DATE: May 10, 1995
RE: Land Acquisition Advisory Committee Bond Resolution
In preparation for selling the first bonds of the $26,000,000 general
obligation bonds authorized by referendum for the purchase or acquisition of
environmentally significant land it is necessary for the County to adopt the
attached bond resolution.
The resolution sets out the history of the bond project, defines the terms
and conditions of the bonds, and sets out the financial provisions concerning
the sale, ownership, and redemption of the bonds. Although the resolution
authorizes the sale of the bonds up to $26,000,000, the County has the power
to issue the first series of bonds in any amount less than that.
Recommendation: Staff recommends approval and authorization for the Chairman
to sign the attached bond resolution.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously
approved Resolution No. 95-63 to provide for
the issuance of general obligation bonds or
notes in an amount not to exceed $26,000,000
to finance the cost of acquiring
environmentally significant land to protect
water quality, open spaces, and wildlife
habitat.
May 16, 1995
sou 95 P,�iu 79
BOOK 95 P.,.GE S®
RESOLUTION NO. 95- 63
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE ISSUANCE
OF GENERAL OBLIGATION BONDS OR NOTES OF INDIAN RIVER
COUNTY, FLORIDA IN ONE OR MORE SERIES, IN AN AMOUNT NOT
TO EXCEED $26,000,000 AGGREGATE PRINCIPAL AMOUNT TO
FINANCE THE COST OF ACQUIRING ENVIRONMENTALLY SIGNIFICANT
LAND TO PROTECT WATER QUALITY, OPEN SPACES, AND WILDLIFE
HABITAT; PROVIDING FOR THE PAYMENT OF THE BONDS FROM AD
VALOREM TAXES OF THE COUNTY; PROVIDING FOR THE RIGHTS,
REMEDIES AND SECURITY OF THE HOLDERS OF SUCH BONDS; MAK-
ING OTHER COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING FOR CERTAIN MATTERS WITH RESPECT
THERETO AND AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the Constitution of Florida, Section 125. 01,
Florida Statutes, and other applicable law; Resolution No. 92-146
of the Board of County Commissioners of Indian River County,
Florida, adopted August 18, 1992; and the vote of the electors of
Indian River County, Florida on November 3, 1992, in accordance
with Chapter 100, Florida Statutes.
SECTION 2. FINDINGS. It is hereby found and determined:
(A) The acquisition of environmentally significant land to
protect water quality, open spaces, and wildlife habitat consti-
tutes a public purpose for which bonds payable from county ad
valorem taxes may be issued pursuant to the Constitution of the
State of Florida and Chapter 125 Florida Statutes, as amended.
(B) On the 18th of August 1992, the Board of County
Commissioners of Indian River County, Florida, did adopt its
Resolution No. 92-146 entitled:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OR NOTES OF INDIAN RIVER COUNTY,
FLORIDA, IN ONE OR MORE SERIES, IN AN AMOUNT NOT -TO -
EXCEED $26,000,000 TO FINANCE THE COST OF ACQUIRING
ENVIRONMENTALLY SIGNIFICANT LAND TO PROTECT WATER
QUALITY, OPEN SPACES, AND WILDLIFE HABITAT; CALLING FOR
AND PROVIDING FOR A BOND REFERENDUM OF THE QUALIFIED
ELECTORS RESIDING IN THE COUNTY TO BE HELD ON NOVEMBER 3,
1992, ON THE QUESTION OF THE ISSUANCE OF SUCH GENERAL
OBLIGATION BONDS OR NOTES; AND PROVIDING FOR CERTAIN
MATTERS WITH RESPECT THERETO AND AN EFFECTIVE DATE.
54
May 16, 1995
RESOLUTION NO. 95-63
Said Resolution No. 92-146 fixed the date of said election to be
November 3, 1992, did fix the form of ballot to be used in said
election and did provide for the publication of notice of said
election all in accordance with Chapter 100, Florida Statutes, and
other applicable laws.
(C) Notice of said Bond election was duly published on
September 28, 1992 and October 15, 1992, in the Vero Beach Press
,journal, a newspaper of general circulation in Indian River County.
(D) The election was duly held and conducted in all respects
according to law. At the election, 16,781 electors voted in favor
of the issuance of the Bonds and 15,100 voted against the issuance
of the Bonds to finance the cost of acquiring environmentally sig-
nificant land to protect water quality, open spaces, and wildlife
habitat in Indian River County.
(E) Returns of said election were duly made to the County
Commissioners of Indian River County, Florida, canvassed by the
Indian River County Canvassing Board and certified as required by
law.
(F) The Bonds so approved will be issued to acquire environ-
mentally significant land to protect water quality, open spaces,
and wildlife habitat, as more specifically set forth herein.
SECTION 3. DEFINITIONS. As used in this Resolution:
"ACQUISITION FUND" shall mean the "Indian River County General
Obligation Bonds, Project and Acquisition Fund" created pursuant to
Section 15 of this Resolution.
"AUTHORIZED INVESTMENTS" shall mean all investments authorized
under Section 125.31, Florida Statutes.
"BONDS" means the not to exceed $26,000,000 aggregate
principal amount of Indian River County, Florida, General Obliga-
tions Bonds, to be issued pursuant to this Resolution.
"COUNTY" means Indian River County, Florida.
"CLERK" means the Clerk of Circuit Court of Indian River
County, Florida.
55 900K 95 F'A�E ®�
May 16, 1995
J
BOOK 95 P, ru 82
RESOLUTION NO. 95-63
"DEBT SERVICE FUND" shall mean the "Indian River County,
Florida General Obligation Bonds, Debt Service Fund" created
pursuant to Section 16 of this Resolution.
"FEDERAL SECURITIES" shall mean direct obligations of
(including obligations issued or held in book entry form on the
books of) the Department of Treasury of the United States of
America or obligations guaranteed as to principal or interest by
the United States of America, including, but not limited to,
obligations of the Resolution Funding Corporation.
"FISCAL YEAR" shall mean that period commencing on October 1
and continuing to and including the next succeeding September 30,
or such other annual period as may be prescribed by law.
"OWNER" shall mean any person who shall be the registered
owner of any outstanding Bond.
"PAYING AGENT" shall mean a trust company or a bank with trust
powers appointed from time to time by subsequent resolution of the
County to serve under this Resolution. Nothing herein shall, how-
ever, prohibit the Clerk from serving as Paying Agent hereunder if
approved by subsequent resolution of the County.
"PROJECTS" means the acquiring by the County of environ-
mentally significant lands by purchasing interests in land
including but not limited to fee simple interest, less than fee
simple interest, conservation easements, the purchase or transfer
of development rights and the acquisition of other similar
interests in environmentally significant lands, together with the
necessary restoration, remediation and reclamation activities to
preserve and enhance such property, including customary and
necessary costs and expenses incurred in the acquisition of such
lands and expenses incident to the sale, issuance and delivery of
the Bonds, all as shall be more specifically determined by
subsequent resolution of the County.
"REGISTRAR" shall -mean a trust company or bank with trust
powers appointed from time to time by subsequent resolution of .the
56
May 16, 1995
RESOLUTION NO. 95-63
County to serve under this Resolution. Nothing herein shall, how-
ever, prohibit the Clerk from serving as Registrar hereunder if
approved by subsequent resolution of the County.
"SERIAL BONDS" shall mean the Bonds issued hereunder other
than Term Bonds which shall be stated to mature annually.
"TERM BONDS" shall mean the Bonds issued hereunder which shall
be stated to mature on one date and for the amortization of which
mandatory payments are required to be made into the Debt Service
Fund.
SECTION 4. BONDS AUTHORIZED. For the purpose of financing
the Projects, there are hereby authorized to be issued and sold
Indian River County, Florida, General Obligation Bonds, in the
aggregate principal amount of not to exceed $26,000,000 (herein-
after referred to as the "Bonds"). The Bonds and interest thereon
shall be general obligations of the County for the payment of which
the full faith and credit and taxing power of the County is hereby
pledged. The Bonds shall be payable from ad valorem taxes without
limit on all taxable property in the County as provided herein;
provided, however, that the Bonds, shall -be structured in such a
manner that at the time of issuance the millage rate required to
make the maximum annual payment of the principal of and interest on
the Bonds shall not exceed 1/2 mil of the then assessed value of
all lands situated in the County subject to ad valorem taxation.
SECTION 5. DESCRIPTION OF BONDS. The Bonds shall be issued
as fully registered Bonds, may be issued in one or more series,
shall contain a series designation indicating the year of issuance
and shall be numbered consecutively from one upward; shall be in
the denomination of $5,000 each or integral multiples thereof;
shall bear interest at such rate or rates not exceeding the maximum
legal rate allowable by law, as shall be determined at or before
the time of sale thereof, such interest to be payable semi-
annually, may be Serial Bonds and\or Term Bonds, shall be dated and
shall mature on such dates and in such years, but in no event
57
May 16, 1995
BOOK 95 PAUL 8 3
BOOK 95 PnE 8
RESOLUTION NO. 95-63
exceeding fifteen (15) years from their dated date and in such
amounts, all as shall be determined by subsequent resolution or
resolutions of the County Commission adopted on or prior to the
sale thereof.
Each Bond shall bear interest from the interest payment date
next preceding the date on which it is authenticated, unless
authenticated on an interest payment date, in which case it shall
bear interest from such interest payment date, or, unless authen-
ticated prior to the first interest payment date, in which case it
shall bear interest from its dated -date; provided, however, that if
at the time of authentication interest is in default, such Bond
shall bear interest from the date to which interest shall have been
paid.
The principal of and the interest on the Bonds shall be pay-
able in any coin or currency of the United States of America which
on the respective dates of payment thereof is legal tender for the
payment of public and private debts. The principal of the Bonds
shall be payable only to the registered Owner or his legal repre-
sentative at the principal corporate trust office of the Paying
Agent, and payment of the interest on the Bonds shall be made by
the Paying Agent on each interest payment date to the person
appearing on the registration books of the Registrar hereinafter
provided for as of the date fifteen (15) days prior to each
interest payment date, as the registered Owner thereof, by check or
draft mailed to such registered Owner at his address.as it appears
on such registration books. Payment of the principal of all Bonds
shall be made upon the presentation and surrender of such Bonds at
the principal corporate trust office of the Registrar as the same
shall become due and payable.
Notwithstanding any other provisions of this Section, the
County may, at its option, prior to the date of issuance of the
Bonds, elect to use an immobilization system or pure book -entry
system with respect to issuance of such Bonds, provided adequate
58
May 16, 1995
_I
RESOLUTION NO. 95-63
records will be kept with respect to the ownership of such obliga-
tions issued in book -entry form or the beneficial ownership of
Bonds issued in the name of a nominee. As long as any Bonds are
outstanding in book -entry form, the provisions of this Resolution
in conflict with such system of registration shall not be appli-
cable to such obligations. The provisions of such system of book -
entry -only registration shall be set forth in a subsequent resolu-
tion of the County adopted at or prior to the sale of the Bonds.
SECTION 6. EXECUTION OF BONDS. The Bonds shall be manually
signed by, or bear the facsimile signature of the Chairman of the
County Commission and shall be manually signed by, or bear the
facsimile signature of, the County Clerk and a facsimile of the
official seal of the County shall be imprinted on the Bonds.
In case any officer whose signature or a facsimile of whose
signature shall appear on any Bonds shall cease to be such officer
before the delivery of such Bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office until: such delivery. Any Bond
may bear the facsimile signature of or may be manually signed by
such persons who, at the actual time of the execution of such Bond,
shall be the proper officers to sign such Bonds although at the
date of such Bond such persons may not have been such officers.
SECTION 7. AUTHENTICATION OF BONDS. Only such of the Bonds
as shall have endorsed thereon a certificate of authentication
substantially in the form hereinbelow set forth, duly executed by
the Registrar, as authenticating agent, shall be entitled to any
benefit or security under this Resolution. No Bond shall be valid
or obligatory for any purpose unless and until such certificate of
authentication shall have been duly executed by the Registrar, and
such certificate of the Registrar upon any such Bond shall be
conclusive evidence that such Bond has been duly authenticated and
delivered under this Resolution. The Registrar's certificate of
authentication on any Bond shall be deemed to have been duly
59
May 16, 1995 BOOK 95 PAE 85
BOOK 95 P,�,E 86
RESOLUTION NO. 95-63.
executed if signed by -an authorized officer of the Registrar, but
it shall not be necessary that the same officer sign the certifi-
cate of authentication of all of the Bonds that may be issued
hereunder at any one time.
SECTION 8. EXCHANGE OF BONDS. Any Bonds, upon surrender
thereof at the principal corporate trust office of the Registrar,
together with an assignment duly executed by the Owner or his
attorney or legal representative in such form as shall be satis-
factory to the Registrar, may, at the option of the Owner, be
exchanged for an aggregate principal amount of Bonds equal to the
principal amount of the Bond or Bonds so surrendered.
The Registrar shall make provision for the exchange of Bonds
at the principal corporate trust office of the Registrar.
SECTION 9. NEGOTIABILITY, REGISTRATION AND TRANSFER OF BONDS.
The Registrar shall keep books for the registration of Bonds and
for the registration of transfers of Bonds as provided in this
Resolution. The transfer of any Bonds may be registered only upon
such books and only upon surrender thereof to the Registrar
together with an assignment duly executed by the Owner or his
attorney or legal representative in such form as shall be satis-
factory to the Registrar. Upon any such registration of transfer
the County shall execute and the Registrar shall authenticate and
deliver in exchange for such Bond, a new Bond or Bonds registered
in the name of the transferee, and in an aggregate principal amount
equal to the principal amount of such Bond or Bonds so surrendered.
In all cases in which Bonds shall be exchanged, the County
shall execute and the Registrar shall authenticate and deliver, at
the earliest practicable time, Bonds in accordance with the provi-
sions of this Resolution. All Bonds surrendered in any such
exchange or registration of transfer shall forthwith be canceled by
the Registrar. The County or the Registrar may make a charge for
every such exchange or registration of transfer of Bonds sufficient
May 16, 1995
M
W
M
M
� � s
RESOLUTION NO. 95-63
to reimburse it for any tax or other governmental charge required
to be paid with respect to such exchange or registration of
transfer, but no other charge shall be made to any Owner for the
privilege of exchanging or registering the transfer of Bonds under
the provisions of this Resolution. Neither the County nor the
Registrar shall be required to make any such exchange or registra-
tion of transfer of Bonds.during the fifteen (15) days immediately
preceding any interest payment date.
SECTION 10. OWNERSHIP OF BONDS. The person in whose name any
Bond shall be registered shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on
account of the principal or redemption price of any such Bond, and
the interest on any such Bonds, shall be made only to or upon the
order of the registered Owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and dis-
charge the liability upon such Bond including the premium, if any,
4 ;
and interest thereon to the extent of the sum*or sums so paid.
SECTION 11. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In
case any Bond shall become mutilated, or be destroyed, stolen or
lost, the County may in its discretion cause to be executed, and
the Registrar shall authenticate and deliver, a new Bond of like
date and tenor as the Bond so mutilated, destroyed, stolen or lost,
in exchange and substitution for such mutilated Bond upon surrender
and cancellation of such mutilated Bond or in lieu of and substitu-
tion for the Bond destroyed, stolen or lost, and upon the Owner
furnishing the County and the Registrar proof of his ownership
thereof and satisfactory indemnity and complying with such other
reasonable regulations and conditions as the County and the
Registrar may prescribe and paying such expenses as the County and
the Registrar may incur. All Bonds so surrendered shall be
canceled by the County. If any of the Bonds shall have matured or
be about to mature, instead of issuing a substitute Bond, the
County may pay the same, upon being indemnified as aforesaid, and
-
May 16, 1995 61 BOOK 95 Pt,rE 87
J
BOOK 95 PAGE 88
RESOLUTION NO. 95-63
if such Bond be lost, stolen or destroyed, without surrender
thereof.
Any such duplicate Bonds issued pursuant to this Section shall
constitute original, additional contractual obligations on the part
of the County whether or not the lost, stolen or destroyed Bonds be
at any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien
on and source and security for payment from the funds, as herein-
after pledged, to the same extent as all other Bonds issued here-
under.
SECTION 12. PROVISIONS FOR REDEMPTION. The Bonds shall be
subject to redemption prior to their maturity, at the option of the
County, at such times and in such manner as shall be fixed by reso-
lution of the County prior to or at the time of sale of the Bonds.
Notice of such redemption shall, not less than thirty (30) and
not more than sixty (60) days prior to the redemption date, be
filed with the Registrar, and mailed, postage prepaid, to all
Owners of Bonds to be redeemed at their addresses as they appear on
the registration books hereinbefore provided for, but failure to
mail such notice to one or more Owners of Bonds shall not affect
the validity of the proceedings for such redemption with respect to
Owners of Bonds to which notice was duly mailed hereunder. Each
such notice shall set forth the date fixed for redemption, the
redemption price to be paid and, if less than all of the Bonds of
one maturity are to be called, the distinctive numbers of such
Bonds to be redeemed and in the case of Bonds to be redeemed in
part only, the portion of the principal amount thereof to be
redeemed.
Upon surrender of any Bond for redemption in part only, the
Registrar shall authenticate and deliver to the Owner thereof, the
cost of which shall be paid by the County, a new Bond of an autho-
rized denomination equal to the unredeemed portion of the Bond
surrendered.
62
May 16, 1995
7_�
RESOLUTION NO. 95-63
SECTION 13. FORM OF BONDS. The text of the Bonds shall be in
substantially the form attached hereto as Exhibit A and
incorporated herein by reference as if fully set forth herein, with
such omissions, insertions and variations as may be necessary and
desirable and authorized and permitted by this Resolution or by any
subsequent resolution adopted prior to the issuance thereof.
SECTION 14. SALE OF BONDS. The Bonds shall be issued and
sold at public or private negotiated sale after such procedure in
such manner and at such price or prices consistent with the appli-
cable statutes, all at one time or in installments from time to
time, as shall be hereafter determined by the County Commission.
SECTION 15. APPLICATION OF BOND PROCEEDS. The proceeds,
including accrued interest and premium, if any, received from the
sale of any or all of the Bonds shall be applied simultaneously
with the delivery of the Bonds to the purchaser thereof, as
follows:
(A) The accrued interest and capitalized interest, if any,
shall be deposited in the Debt Service Fund hereinafter created and
shall be used only for the purpose of paying interest coming due on
the Bonds.
(B) To the extent not reimbursed therefor by the original
purchaser of the Bonds, the County shall pay all costs and expenses
in connection with the preparation, sale, issuance and delivery of
the Bonds.
(C) The remainder of the proceeds of the sale of the Bonds
shall be deposited in the "Indian River County General Obligation
Bonds, Project Acquisition Fund" -(the "Acquisition Fund") hereby
created, which shall be a trust fund for the benefit of the Owners
of the Bonds, and used only for the costs of the Projects. The
proceeds of the sale of the Bonds shall be and constitute trust
funds for the purposes hereinabove provided and there is hereby
created a lien upon such moneys, until so applied, in favor of the
Owners of said Bonds. Moneys in the Acquisition Fund may from time
to time be invested in Authorized Investments.
63
May 16, 1995
BOOK 95 F.�iu 89
BOOK '.c� F GE 90
RESOLUTION NO. 95-63
SECTION 16. LEVY OF AD VALOREM TAXES. (A) There is hereby
created the "Indian River County General Obligation Bonds, Debt
Service Fund" (the "Debt Service Fund") which shall be a trust fund
for the benefit of the Owners of the Bonds. Within the Debt
Service Fund there shall be established an Interest Account and a
Principal Account. There is hereby created a lien upon any and all
moneys deposited in such Debt Service Fund in favor of the Owners
of the Bonds until applied as provided herein. Pursuant to
Resolution No. 92-146 and this Resolution, in each Fiscal Year
while any of the Bonds are outstanding and unpaid, there shall be
levied and collected an ad valorem tax on all the taxable property
within the County sufficient to pay the interest on the Bonds as
the same becomes due and payable, and to provide for the payment of
the principal and redemption premium, if any, of said Bonds at
their maturity or stated redemption date, and the County is, and
shall be, irrevocably and unconditionally obligated to levy and
collect such ad valorem taxes without limitation as to rate or
amount on all the taxable property within the County, sufficient in
amount to pay all principal and redemption premium, if any, and
interest on said Bonds as the same shall mature and become due.
All taxes levied pursuant to this Resolution, as collected, shall
be paid over for deposit in the Debt Service Fund and held in trust
for the payment of the principal of and interest on the Bonds as
they severally become due and shall be expended for no other
purpose. Until disbursed, the funds shall be secured as may from
time to time be provided by law and as may be provided by resolu-
tion of the County Commissioners. Funds in the Debt Service Fund
may be invested from time to time in Authorized Investments.
(.B) The moneys at any time on deposit in the Debt Service
Fund shall be disposed of only in the following manner:
(i) moneys shall first be used, to the full extent
necessary, for deposit into the Interest Account in the Debt
Service Fund to pay interest becoming due on the Bonds on the next
64
May 16, 1995
M M
RESOLUTION NO. 95-63
semiannual interest payment date; provided, however, that deposits
for interest shall not be required to be made into the Interest
Account to the extent that money on deposit therein is sufficient
for such purpose.
(ii) moneys shall next be used, to the full extent
necessary, for deposit into the Principal Account in the Debt
Service Fund to pay principal becoming due or scheduled redemption
payments on the Bonds on the next principal payment date or date
established for redemption; provided, however, that deposits for
principal shall not be required to be made into the Principal
Account to the extent that money on deposit therein is sufficient
for such purpose.
(C) In the event moneys remain in the Acquisition Fund or the
Debt Service Fund (including any accounts therein) upon payment in
full of all amounts payable hereunder:
(i) all such excess amounts, if any, representing ad
valorem taxes collected pursuant hereto shall be credited or
refunded to the taxpayers of the County, to the extent required by
law, in such manner as shall be determined by resolution of the
County; and
(ii) all such excess amounts representing (a) investment
income and, (b) moneys remaining in the Acquisition Fund or the
Debt Service Fund (including any accounts therein) not required by
law to be returned or credited to the taxpayers in accordance with
section 16(C)(i) above, shall be deposited into the County's
general fund to be used by the County for any lawful purpose,
subject to the arbitrage rebate provisions of the Internal Revenue
Code of 1986.
(D) The designation and establishment of funds and accounts
in and by this Resolution shall not be construed to require the
establishment of any completely independent funds and accounts, but
rather is intended solely to constitute an allocation of moneys
collected and to be held pursuant to the terms of this Resolution.
65
®ooK 95
May 16, 1995
BOOK 95 FAGS 92
RESOLUTION NO. 95-63
All income and earnings from the investment and reinvestment of
moneys shall be retained in the respective fund or account from
which such investment was made and shall be a credit against
deposits required by this Resolution.
SECTION 17. TAX COVENANT. No use will be made of the pro-
ceeds of the Bonds, which, if such use were reasonably expected on
the date of issuance of the Bonds, would cause the same to be
"arbitrage bonds" within the meaning of the Internal Revenue Code
of 1986. The County at all times while the Bonds and the interest
thereon are outstanding will comply with the requirements of the
Internal Revenue Code of 1986 and any valid and applicable rules
and regulations promulgated thereunder. The County will comply
with the requirements of the Internal Revenue Code of 1986, as
amended, and any valid and applicable rules and regulations prom-
ulgated thereunder necessary to maintain the exclusion from gross
income of interest on the Bonds, including the creation of any
funds and/or accounts required in that regard. The County
covenants and agrees to make any and all payments required to be
made to the United States Department of the Treasury in connection
with the Bonds pursuant to Section 148(f) of the Code from amounts
on deposit in the funds and accounts established in connection with
the Bonds or from other legally available funds of the County.
SECTION 18. OWNERS NOT RESPONSIBLE FOR APPLICATION OF BOND
PROCEEDS. The Owners of the Bonds issued hereunder shall have no
responsibility for the use of the proceeds of said Bonds, and the'
use of such Bond proceeds by the County shall in no way affect the
rights of such Owners. The County shall be irrevocably obligated
to continue to levy and collect the ad valorem taxes as provided
herein to pay the principal of and interest on said Bonds annually
as they become due and to make all other payments provided for
herein from said ad valorem taxes notwithstanding any failure of
the County to use and apply such Bond proceeds in the manner
provided herein.
66
May 16, 1995
M M M
RESOLUTION NO. 95-63
SECTION 19. MODIFICATION OR AMENDMENT. No material modi-
fication or amendment of this Resolution or of any resolution
amendatory hereof or supplemental hereto may be made without the
consent in writing of the Owners of two-thirds (2/3) or more in the
principal amount of the Bonds then outstanding responding to the
County's written request for such consent provided by certified
-mail; provided, however, that no modification or amendment shall
.permit a change in the maturity of such Bonds or a reduction in the
rate of interest thereon or in the amount of the principal obliga-
tion thereof or affecting the promise of the County to pay the
principal of and interest on the Bonds as the same shall become due
or reduce the percentage of the Owners of the Bonds required to
consent to any material modification or amendment hereof without
the consent of the Owner or Owners of all such Bonds.
Notwithstanding the foregoing, this Resolution may be amended,
changed, modified and altered without the consent of the Owners of
the Bonds, (i) to cure any ambiguity, correct or supplement any
provision contained herein which may be defective or inconsistent
with any other provision contained herein, (ii) to provide other
changes which will provide additional security to the Owners of the
s•y
Bonds, or (iii) to maintain the exclusion of interest on the Bonds
from gross income for Federal income tax purposes.
SECTION 20. DEFEASANCE. If the County shall pay or cause to
be paid or there shall otherwise be paid to the Owners of all Bonds
the principal or redemption price, if applicable, and interest due
or to become due thereon, at the times and in the manner stipulated
therein and in this Resolution, then the pledge of the full faith
and credit and taxing power of the County, and all covenants,
agreements and other obligations of the County to the Owners, shall
thereupon cease, terminate and become void and be discharged and
satisfied. In such event, the Paying Agent shall pay over or
deliver to the County all money or securities held by them pursuant
67
May 16, 1995
BOOK 5
BOOK 95 F,1u 94
RESOLUTION NO. 95-63
to this Resolution which are not required for the payment or
redemption of Bonds not theretofore surrendered for such payment or
redemption.
Any Bonds or interest installments appertaining thereto,
whether at or prior to the maturity or redemption date of such
Bonds, shall be deemed to have been paid within the meaning of this
Section 20 if (A) in case any such Bonds are to be redeemed prior
to the maturity thereof, there shall have been taken all action
necessary to call such Bonds for redemption and notice of such
redemption shall have been duly given or provision shall have been
made for the giving of such notice, and (B) there shall have been
deposited in irrevocable trust with a banking institution or trust
company by or on behalf of the County either moneys in an amount
which shall be sufficient, or Federal Securities the principal of
and the interest on which when due will provide moneys which,
together with the moneys, if any, deposited with such bank or trust
company at the same time shall be sufficient, to pay the principal
of or redemption price, if applicable, and interest due and to
become due on said Bonds on and prior to the redemption date or
maturity date thereof, as the case may be. Except as hereafter
provided, neither the Federal Securities nor any moneys so
deposited with such bank or trust company nor any moneys received
by such bank or trust company on account of principal of or
redemption price, if applicable, or interest on said Federal
Securities shall be withdrawn or used for any purpose other than,
and all such moneys shall be held in trust for and be applied to,
the payment, when due, of the principal of or redemption price, if
applicable, of the Bonds for the payment or redemption of which
they were deposited and the interest accruing thereon to the date
of maturity or redemption; provided, however, the Issuer may
substitute new Federal Securities and moneys for the deposited
Federal Securities and moneys if the new Federal Securities and
68
May 16, 1995
RESOLUTION NO. 95-63
moneys are sufficient to pay the principal of or redemption price,
if applicable, and interest on the obligations being refunded.
In the event the Bonds for which moneys are to be deposited
for the payment thereof in accordance with this Section 20 are not
by their terms subject to redemption within the next succeeding
sixty (60) days, the County shall cause the Registrar to mail a
notice to the Owners of such Bonds that the deposit required by
this Section 20 of moneys or Federal Securities has been made and
said Bonds are deemed to be paid in accordance with the provisions
of this Section and stating such maturity or redemption date upon
which moneys are to be available for the payment of the principal
of or redemption price, if applicable, and interest on said Bonds.
Nothing herein shall be deemed to require the County to call
any of the outstanding Bonds for redemption prior to maturity
pursuant to any applicable optional redemption provisions, or to
impair the discretion of the County in determining whether• to
exercise any such option for early redemption.
SECTION 21. BOND ANTICIPATION NOTES AUTHORIZED. In antici-
pation of the receipt of the proceeds,, of the sale 'of the Bonds, the
County shall have power to borrow money for the purposes for which
the Bonds are to be issued and to execute Bond Anticipation Notes
within the authorized maximum amount of the Bonds in accordance
with and subject to the provisions of Section 215.431, Florida
Statutes.
SECTION 22. SALE OF BONDS. The Bonds shall be issued and
sold at one time or from time to time, in such manner and at such
price or prices consistent with the provisions of the laws of the
State of Florida as shall hereafter be determined by subsequent
resolution of the County.
SECTION 23. REMEDIES. Any Owner of the Bonds, to the full
extent permitted by the laws of the State of Florida or the United
States of America, may sue to protect and enforce any and all legal
69
May 16, 1995
BOOK 95 PA )r 95
0
BOOK 95 Face 96
RESOLUTION NO. 95-63
rights granted hereunder and to enforce and compel the performance
of all duties required by this Resolution.
SECTION 24. SEVERABILITY OF INVALID PROVISIONS. If any one
or more of the covenants, agreements or provisions herein contained
shall be held contrary to any express provision of law or contrary
to the policy of express law, though not expressly prohibited or
against public policy, or shall for any reason whatsoever*be held
invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separable from the remaining
covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof or of the Bonds
issued hereunder.
SECTION 25. REPEALING CLAUSE. All resolutions or parts
thereof of the County in conflict with the provisions herein con-
tained are, to the extent of such conflict, hereby superseded and
repealed.
SECTION 26. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
PASSED AND ADOPTED the 16 day of May , 1995.
(SEAL)
ATTEST:
a %—L J. li
May 16, 1995
70
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
4IRMAOlt ENNETH R. M CHT
=I
EXHIBIT A
FORM OF BOND
No. R -
UNITED STATES OF AMERICA
STATE OF FLORIDA
INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGATION BOND, SERIES 199
INTEREST RATE MATURITY DATE DATED DATE
owner:
Principal Amount:
CUSIP
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that Indian River County,
Florida (hereinafter referred to as "County"), for value received,
hereby promises to pay, solely from the sources and in the manner
hereinafter provided, to the order of the owner named above, or
registered assigns, on the maturity date specified above (or
earlier as hereinafter provided) the principal amount specified
above and to pay interest on such principal amount from the date
hereof to the maturity or earlier redemption of this Bond at the
interest rate per annum specified above, payable on 1,
and semiannually thereafter on each 1 and 1.
The principal of and premium, if any, on this Bond shall be
payable in lawful money of the United States of America upon
presentation and surrender of this Bond at the principal corporate
trust office of , in the City
of Florida, or any successor paying agent (the
"Paying Agent"). Interest on this Bond is payable by check or
draft mailed by the Paying Agent to the person in whose name this
Bond is registered at the address as it appears on the Bond
registration books kept by
or any successor registrar (the "Registrar") for this series of
Bonds.
For the prompt payment of the principal of and interest on
this Bond as the same shall become due, the full faith, credit and
taxing power of Indian River County, Florida, is hereby irrevocably
pledged. - 71
BOOK 95 f'A,E 97
May 16, 1995
sooK 95 Fr,F 98
This Bond is one of an authorized issue of Bonds, in the
aggregate principal amount of $26,000,000 of like date, tenor and
effect, except as to number, interest rate and maturity, issued to
finance the acquisition of environmentally significant land to
protect water quality, open spaces, and wildlife habitat in Indian
River County, under the authority of and in full compliance with
the Constitution and Statutes of the State of Florida, including
particularly Chapter 125 Florida Statutes, Resolution No. 92-146 of
Indian River County, Florida, a vote of the electors of Indian
River County, Florida, in accordance with Chapter 100, Florida
Statutes, and a Resolution duly adopted by the County Commissioners
of Indian River County, Florida (hereinafter referred to as the
"Commission"), on the day of , 1995, and is subject to all
the terms and conditions of said Resolution (the "Resolution").
The Resolution requires that in each year while any of the
Bonds are outstanding there shall be levied and collected a tax,
without limitation as to rate or amount, on all taxable property
within the County sufficient in amount to pay annually the
principal of and interest on the Bonds as they become due.
It is hereby certified and recited that all acts, conditions
and things required to happen, exist and be performed precedent to
and in the issuance of this Bond, have happened, do exist and have
been performed in due time, form and manner as required by the
Constitution and the laws of the State of Florida applicable
thereto; that the issue of Bonds, of which this Bond is a part, has
been approved at an election in said County held in accordance with
the Constitution and the laws of Florida on the 3rd day of
November, 1992, that the total indebtedness of said County, includ-
ing the issue of Bonds of which this Bond is one, does not exceed
any Constitutional or statutory limitation; and that provision has
been made for the levy and collection of a direct annual tax
without limitation as to rate or amount upon all taxable property
within the County, sufficient to pay annually the principal of and
72
May 16, 1995
M M M
177
interest on the Bonds as the same shall become due, which tax shall
be levied and collected at the same time, and in the same manner as
other ad valorem taxes are levied, assessed and collected.
This Bond is and has all the qualities and incidents of a
negotiable instrument under the Uniform Commercial Code - Invest -
went Securities Law of the State of Florida.
(Insert optional and/or mandatory redemption provisions]
The transfer of this Bond is registerable at the principal
corporate trust office of the Registrar but only in the manner and
subject to the conditions provided in the Resolution and upon
surrender and cancellation of this Bond.
This Bond shall not become valid or become obligatory for any
purpose or be entitled to any benefit or security under the Reso-
lution until the authentication certificate appearing on the face
of this Bond shall be signed by a duly authorized officer of the
Registrar.
IN WITNESS WHEREOF, Indian River County, Florida, has issued
this Bond and has caused the same to be signed by the Chairman of
the County Commissioners and attested and countersigned by the
signature of the County Clerk either manually or with their
facsimile signatures, and has caused its seal or a facsimile
thereof to be affixed, impressed, imprinted, lithographed or
reproduced hereon, all as of the _ day of , 19—.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By (manual or facsimile)
Chairman
(SEAL)
ATTEST:
(manual or facsimile)
County Clerk
73 800K 95 F -g r .99
May 16, 1995
BOOK 95 PAu.100
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds issued under the provisions of
the within mentioned Resolution.
Date of Authentication:
Registrar, as Authenticating
Agent
By (Manual Signature)
Authorized Officer
R
ASSIGNMENT AND TRANSFER
For value received the undersigned hereby sells, assigns and
transfers unto
(Please insert Social Security or other identifying number of as-
signee) the attached Bond of Indian River
County, Florida, and does hereby constitute and appoint
, attorney, to transfer the said Bond on the
books kept for registration thereof, with full power of
substitution in the premises.
Date
By: (manual signature)
Signature Guaranteed by a member
firm of the New York Stock
Exchange or a commercial bank
or a trust company.
74
May 16, 1995
NOTICE: No transfer will be
registered and no new Bonds
will be issued in the name of
the Transferee, unless the
signature to this assignment
corresponds with the name as
it appears upon the face of
the within Bond in every
particular, without alteration
or enlargement or any change
whatever.
AMENDMENT TO AGREEMENT WITH NELSON HYA1T -LAKE
DELORES (PARK PLACE) UTILITIES
The Board reviewed a Memorandum of May 10, 1995:
TO: Board of County Commissioners
e
FROM: Charles P. Vitunac, County Attorney
DATE: May 10, 1995
RE: Nelson Hyatt - Lake Delores (Park Place) Utilities
The existing agreement between the County and Nelson Hyatt allowed Mr. Hyatt
a five-year grace period on paying impact fees for units in his mobile home
park and paid for the purchase of the park's utility system by establishing a
ten-year, $10 per month surcharge on the utility bills.
The agreement has been renegotiated, eliminating the surcharge in return for
extending the impact fee grace period by three years. Nelson Hyatt has
signed the proposed revision, and it is expected to be approved and executed
by the City of Sebastian after its meeting on May 10, 1995.
Recommendation: Staff recommends approval and authorization for the Chairman
to sign the attached Amendment.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
approved the Amendment to the Agreement with
Nelson Hyatt to eliminate the $10 per month
surcharge in return for extending the impact
fee grace period by three years, as
recommended by staff in the memorandum.
AMENDMENT ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
75 BOOK 95 F'A�F 101
May 16, 1995
BOOK 95 F;F 192
FIRE HY )RANT FEES
The Board reviewed a Memorandum of May 8, 1995:
�.111/�Allen Macht, Commission Cha' an
;Doug Wright, Director
Emergency Services
DATE: May 8, 1995
SUBJECT: Fire Hydrant Fees
The issue of the Emergency Services District paying hydrant fees has
been of concern to me and other staff for some time. The District
now pays the following amounts for hydrant fees to the entities
noted:
City of Vero Beach
538 hydrants within city @ $150 each = $80,700
196 hydrants outside city @ $150 each = $29,400
734 Total $110,100
Indian River County Utilities
1,169 hydrants @ $170 each = $198,730
TOTAL CURRENT ANNUAL COST $308,830
ADDITIONAL ANTICIPATED HYDRANT EXPENSE
City of Vero Beach - increase of $20
per hydrant
Indian River County Utilities
555 hydrants @ $170 each
City of Sebastian
149 hydrants @ $170 each
City of Fellsmere
94 hydrants @ $170 each
Total Anticipated hydrant expense
$14,680
$94,350
$25,330
$175,980
$150,340
GRANT TOTAL - CURRENT AND ANTICIPATED EXPENSE $459,170
As demonstrated above, the hydrant fees currently being paid and
those anticipated have a severe impact on the District funds. I
recently directed Fire Prevention Bureau Chief Dan Dietz to conduct
a survey of several areas of the state to ascertain if other
Districts or Fire Departments were paying hydrant fees to various
utilities or governmental entities. Basically, two questions were
asked for the survey:
1. Does the District or Fire Department pay hydrant fees to
any utility or governmental entity?
2. Who maintains the fire hydrants and to what extent?
76
May 16, 1995
The survey results are as follows:
AGENCY
CHARGES
MAINTENANCE
Metro -Dade
None
Fire Dept performs all
Orlando None
Fire Dept performs hydrant flow
maintenance, flows, painting.
and painting, utility performs
Fire Dept charges $140 for a flow
Tampa $30
Fee includes all maintenance and
test.
Broward Co.
None
Hydrants flushed by Fire Dept
at a location other than where
twice annually
Hollywood
None
Hydrants flushed by Fire Dept
assessed. Maintenance done by
twice annually
Ft. Lauderdale None
Hydrants flushed by Fire Dept
twice annually
Pompano
None
Hydrants flushed by Fire Dept
twice annually
Sunrise
None
Hydrants flushed by Fire Dept
twice annually
Martin Co.
None
Maintenance by utility entity
Stuart
None
Maintenance by utility company.
Fire Dept did pay in the past,
but argued that confined space
and haz mat demands created by
utility well offset any hydrant
fees.
St. Lucie Co. None
Maintenance by utility entity
Melbourne $40
Fees include all maintenance,
Fire Dept. does annual flows.
Orlando None
Fire Dept performs hydrant flow
and painting, utility performs
all maintenance.
Tampa $30
Fee includes all maintenance and
testing.
Pensacola None
If Fire Dept wants a fire hydrant
at a location other than where
utility puts one, a one-time
installation fee of $2,500 is
assessed. Maintenance done by
Fire Department twice annually.
As reflected above, the majority of Fire Departments or Districts
surveyed do not pay an annual per hydrant fee. The two which do, pay
a minimum amount and certainly not the $170 per hydrant fee the
Emergency Services District now pays in this County.
The hydrants are a part of the utility system which are installed for
the benefit of the property owners, not for the benefit of the
Emergency Services District. The Insurance Services Office (ISO),
which calculates the fire rating for the County, does not evaluate
the Emergency Services District in terms of fire hydrants, they
evaluate the utility for this part of the rating. The Emergency
Services District is evaluated in terms of training, apparatus,
staffing, response, equipment, etc.
77
May 16, 1995
BOOK- 95 pma 103
800K 95 PA�� 104
Although it is felt the hydrant fee should be eliminated as a
District expense, if the fee is retained, it would only seem fair
that the District be authorized to charge back to the various utility
entities a "readiness to use fee" as has been done in another
jurisdiction to offset the cost to the District. The District would
be receptive and willing to paint and maintain the hydrants by the on
duty crews within their respective response area or one individual
could be employed to do this full time as has been done in the past
at a much less expense than the $308,830 being paid now or the
$150,340 anticipated expense, for a total of $459,170.
Given the maximum 3 mill cap for the District in the consolidation
referendum, this enormous expense, when added to the G&A charge of
$225,000 and constitutional officer expense of $284,941, has an
enormous effect of $969,111 on the District's ability to purchase
needed apparatus and other equipment to continue to maintain the ISO
rating and the level of service now being provided by the fire and
EMS divisions.
A recommendation or suggestion would be for the Board to authorize
staff to consider alternatives to the hydrant fee being paid to the
County Utilities Department and direct the appropriate staff to meet
with the various municipalities with the goal to eliminate the fee
expense to the District or research the possibility of a "readiness
to use fee" being imposed to offset the expense to the District.
Chairman Macht found this issue extremely interesting and it
appeared to him that it was a means of providing funding from one
department to another, to make one department look better than
maybe it deserved to look. The real downside, now that
municipalities have gotten into the act, is that we are sending
money outside our budgeting circle.
Administrator Chandler advised that this whole area had been
previously identified and was being looked at in conjunction with•
Budget to bring a recommendation back to the Board. He declared it
had been fairly common practice in prior years for a utility,
whether it be a county or a municipality, to charge the fire
department a fire hydrant rental and he explained the varied logic
used. It was his intent to address the needs of both sides and
bring back a recommendation during the budget process.
78
May 16, 1995
MOTION WAS MADE by Commissioner Eggert,
SECONDED BY Commissioner Adams, to authorize
staff to consider alternatives to the hydrant
fee being paid to the County Utilities
Department and direct the appropriate staff to
meet with the various municipalities with the
goal to eliminate the fee expense to the
District or research the possibility of a
"readiness to use fee" being imposed to
offset the expense to the District.
Under discussion, County Attorney Vitunac reminded the Board
that our bonds say we "shall not provide free service" and the
problem is that everyone who is protected by a fire hydrant is not
on the County utility system, so water is being paid for by the
utility customers who are different from the fire hydrant users.
Commissioner Bird asked how it was done here compared to more
sophisticated counties.
Utility Services Director Terry Pinto advised that the utility
customers pay for the flushing, because it is directly related to
the utility customers. Fire protection should not be charged just
to a utility customer because those who share the possible use of
a hydrant might not be utility customers and it would be grossly
inequitable. The charge is for capacity which has to 'be constantly
maintained whether it is being used or not.
Administrator Chandler cited practices in other areas of the
state and recounted various elements to consider before bringing a
recommendation to the Board. Director Pinto argued that the cost
of fire protection for the community would be hidden by shifting
the cost to the other side.
THE CHAIRMAN CALLED THE QUESTION and the
motion carried unanimously.
79 BOOK 95 PAGE 105
May 16, 1995
BOOK 95 Fmu.106
DEPARTMENT OF ENVIRONMENTAL PROTECTION - "REALITY
CHECK WORKSHOP'
Chairman Macht reviewed a letter dated May 11, 1995:
i� Department of
FLOR K° � • �
Environmental Protection
Marjory Stoneman Douglas Building
Lawton Chiles 3900.Commonwealth Boulevard Virginia 8. Wetherell
Governor Tallahassee, Florida 32399-3000 Secretary
May 11, 1995
Dear County Commissioner:
Governor Chiles has made rule reduction and a common
sense approach to government a top priority for his
administration. As.a part of the Department of
Environmental Protection's efforts in this initiative, we
are conducting workshops statewide seeking citizen input and
suggestions for helping us reach this goal.
We are sending our select exempt and senior management
personnel into each county between May 22 and May 31 to
conduct what we are calling "Reality Check Workshops". We
are seeking comments on any problems or frustrations
citizens have had in dealing with the Department, rules or
policies they believe could be improved or simplified and
any advice they might have to bring more common sense into
implementation of our regulatory programs. I see this as an
excellent opportunity for all of our top managers to
understand better the concerns and questions the public has
about our agency so that we can improve our services and, I
hope, increase citizen confidence and support for
environmental protection efforts.
Enclosed is a copy of the schedule and locations for
the workshops. Should you be interested in attending any of
the workshops in your county, you are more -than welcome. If
you need any additional information, please call Judy Brooks
at (904) 488-7131.
Sincerely,
Virginia B. Wetherell
Secretary
Chairman Macht encouraged members of the media who were
present to get the word out. The Indian River County Workshop will
be held May 30, 1995, at 7:00 p.m., in the County Administration
Building.
No action taken.
80
May 16, 1995
UNFUNDED MANDATES - HERNANDO COUNTY'S RESPONSE
The Board reviewed a letter dated April 12, 1995:
Board o, f County Commissioners
Sernando Cott
Mr. Robert F. Milligan
0111ce of the Comptroller
State of Florida
The Capitol, PL09 April 12, 1995
Tallahassee, Florida 32399-8350
Dear Mr. Mill1pn:
Py
SON. Mae, Stet, boom do
BroelosdrJa, FL Sf601
1�117drr0�0
FAX fM) M4477
The Hernando County Board of County Commissioners increasingly hes been concerned with
requirements placed on local governments by state and federal agencies though legislation and
Codes without attention being given to costs. This of course is commonly referenced es Unfunded
mandates.
The extent of these unfunded mandates is evidenced by the enclosed invoice in the amount of
37.421.482. which represents the major costs of unfunded mandates for Hernando County for FY
941'95.
The Board of County Commissioners unanimously moved to forward this invoice to the State of
Florida. through your office. for payment.
Vcry truly yours,
CHARI.EB B. HETRICK
County Administrator
CBH:ag
Pc LOOMMA 20911112n wlenclosure
senator Virginia Brown -Waite
Represent"" Jeff 8tabins
Representative Habn Spivey
Congms w/enclosure
senator Bob Graham
Senator Connie Made
Representative Karen Thurman
Florida Association of counties wierx3iosum
Commissioner Adams thought a bill should be sent from Indian
River County.
Chairman Macht inquired about the status of the staff study on
the more flagrant federal and state unfunded mandates.
Administrator Chandler had not seen a final product on the
preliminary report that OMB Director Joe Baird had put together.
Chairman Macht felt it was more important than before and asked for
a report on it.
Commissioner Adams requested that Director Baird prepare a
bill to be sent to Tallahassee.
May 16, 1995
There were no objections.
8f
BOOK 95 r-A,I 07
BOOK 95 .F.,u108
FAIRGROUND ADVISORY CO E
The Board reviewed a Memorandum of May 2, 1995:
M E M O R A N D U M
TO: County Commissioners
FROM: Commissioner Dick Bird
Chairman, Parks and Recreation Committee
DATE: May 2, 1995
SUBJECT: Agenda Item for Tuesday, May 9, 1995
ITEM 13-C (1) FAIRGROUND ADVISORY SUB -COMMITTEE
At the last Parks and Recreation Committee meeting Ms. Susan
Wilson asked that a Fairground Advisory Sub -Committee be set up
to work on fairground -related matters. They would report to the
Parks and Recreation Committee with regards to possible funding
and development opportunities for the fairgrounds.
This Sub -Committee would consist of the following members:
Susan Wilson - Chairman
Mike Pressley - Farm Bureau
Wi11,Barker - Cattlemen
Wesley Davis - School Board
Sam Adams - Livestock Association
Dan Culbert - Extension Agent
Joe Earman, Jr. - Firefighters
Commissioner Bird requested the sub -committee be re-
established with the members as listed in the memorandum. More and
more activities are taking place there and far more are anticipated
in the future. The committee will require no staff support, they
will only tape their meetings.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Adams, the Board unanimously
approved the establishment of the Fairground
Advisory Sub -Committee with members as listed
in the memorandum.
82
May 16, 1995
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:53 a.m.
ATTEST:
J. . Bton, Clerk ennethR.Ilqacht, Chairman
Minutes approved on b - 13.9
83 BOOK 95 PAf�E 1e,1
May 16, 1995