HomeMy WebLinkAbout7/11/1995� MINUTESwATTACHED�
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, JULY 11, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, -Florida
COUNTY COMMISSIONERS
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
'11:_\/
3.' I DF A11,IRGIANC - Comm. Fran B. Adams
YY 1 \S to the ►II : / ulRGENCY ITEMS
1. Item 12-B, regarding a LAAC bond resolution.
2. Item 13-A-2, Escambia County's request for joinder in
litigation regarding the sale of derivatives.
3. Item 13-C, appointment of Upper St. Johns Recreation
Advisory Council alternate.
4. Item 13-D-2, discussion regarding a display ad for Local
Fishing Revitalization Committee meeting.
5. PIRIOCLAMATION:.. .T r1\,
. None
' ' ; 1 1 411 11 Y
Regular Meeting of June 6, 1995
1 v Z
A. Acceptance of Decade Report 1985-95 and Annual
Report of the I.R.C. Environmental Control Office
(memorandum dated June 19, 1995)
B. Acceptance of COPS AHEAD Grant Award
(letter dated June 21, 1995)
C. Overall Economic Development Plan Annual Report
1994-1995 "1
(memorandum dated June 29,1995)
�MKIXKJ DWW WAH D10I
D. Request for Board to Accept Grant Funds From
the State Dept. of Community Affairs
(memorandum dated July 5, 1995)
E. Sylvestro & Sons, Inc.'s Request for Site Plan and
Special Exception Use Approval Extension for an
Adult Congregate Living Facility
(memorandum dated June 29, 1995)
F. Award Bid #5072/South A -I=A Widening Project
(memorandum dated June 30, 1995)
G. CR510 and SR AIA Intersection Improvements
(memorandum dated July 3, 1995)
H. Request for Floodplain Cut and Fill Balance Waiver
for Residence at 9115 44th Ave.
(memorandum dated July 3, 1995)
I. A Resolution of Formal Acceptance of Utility Ease-
ments - Sundowners S/D (53rd Ave.)
(memorandum dated June 28, 1995)
J. Approval of Grant Funding for Emergency Manage-
ment Preparedness Program from Dept. of Comm.
Affairs
(letter dated June 27, 1995)
K. Cancellation of Outstanding Taxes
1 / ; 400 I WN ► M I
None
9:05 A.M. 9. PUBT JC IWMS
Petition Water Service in Sundowners S/D (53rd
Ave., South of 16th St.) - Resolution III
(memorandum dated June 30, 1995)
Q 5 0 54 11 KfatITTI13 11 0477
Request by George Moody to Discuss Wabasso
Corridor Plan and Committee
(no backup submitted)
10. COUNTY AD MiNiSTRATOR' MATTERS
None
- . M
Condemnation, Demolition and Removal of Unsafe
Structure: Larry Catron Investments, Inc. Abandoned
Gas Station, 8980 U.S. Highway 1, Wabasso, FL
(memorandum dated July 3, 1995)
Approval of 911 PBX/ALI Service Trial Agree-
ment Between BellSouth TeleCommunications,
Inc., Disney Vacation Development, Inc., Florida,
and Indian River County
(memorandum dated June 30, 1995)
[AMMEr' 1'r LTMATIM
Award Bid #5074 / South U.S. #1 Water Main
(memorandum dated June 29, 1995)
D. Leisure Services
None
E. Office of Management and Rudget
None
F. Personnel
None
G. Public Works
1. Developers Agreement for County Con-
struction Widening Improvements to Old
Dixie Highway in Exchange for Developer
Deeding Additional R O -W Along 1 st St.
SW West of 58th Ave.
(memorandum dated June 28, 1995)
2. 26th St. (Walker Ave.) Between 59th Ave.
and 66th Ave. - Selection of Civil Engineer-
ing Consultant
(memorandum dated June 27, 1995)
3. CRS 10 and SR AIA Intersection improve-
ments, Change Order #1 & Final Payment
(memorandum dated June 29, 1995)
4. As -Built Resolution & Assessment Roll
for Paving & Drainage Improvements to:
33rd St. (Cherry Lane) Between 66th Ave.
and 58th Ave.
(memorandum dated June 14,1995)
H. Ildlitles
None
12.
13.
14.
15.
wel is 11 11 twwl
Professional Services Advisory Committee Recommendation
Re: Timing of Utility Impact Fee Payments
(memorandum -dated June 22, 1995)
10�� . A 6 M,
Dept. of Environmental Protection Fees
B. Vice ChArm n Fran B. Adams
Law Library
(memorandum dated July 5, 1995)
E. Commissioner John W Tine
N rl a 11 k1V Y; 4 ry
its"iy rI 1 Y��K
None
B. Solid Waste Disposal District
1. Approval of Minutes - Meeting of 6/6/95
2. Financial Responsibility
(memorandum dated June 21, 1995)
3. Wetlands Mitigation/Final Pmt. for Services
(memorandum dated June 21, 1995)
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.
July 11, 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, July 11, 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 P. J.
Jones, Deputy Clerk.
Chairman Macht called the meeting to order, and Commissioner
Adams led the Pledge of Allegiance to the Flag.
Chairman Macht announced that the meeting will recess after
consideration of the agenda items and reconvene at 1:00 p.m. to
consider the bids received on LAAC general obligation bonds prior
to beginning the budget workshop.
ADDITIONS TO THE AGENDA
Chairman Macht requested the addition of Item 13-A-2, Escambia
County's request for joinder in litigation regarding the sale of
derivatives.
Commissioner Eggert requested the addition of Item 13-D-2,
discussion regarding a display ad for Local Fishing Revitalization
Committee meeting.
County Attorney Vitunac requested the addition of Item 12-B,
regarding a LAAO bond resolution.
Commissioner Bird requested the addition of Item 13-C,
appointment of Upper St. Johns Recreation Advisory Council
alternate.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously made the
above changes to the Agenda.
Boa 95 645
JULY 119 1995 1
moK 95 PA,)I-: 646
APPROVAL OF AT NTJ
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of June 6, 1995. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meeting of June 6, 1995,
as written.
CONSENT AGENDA
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
1. Decade Report 1985-95 and Annual Report of IRC
Environmental Control Office
B. COPS AHEAD Grant Award
The Board reviewed a letter of June 21, 1995_:
At
GARY C. WHEELER - INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
9116 N��� MEMBER OF NATIONAL SHERIFFS ASSOCIATION
4055 41 st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE 407-569-6700
June 21, 1995
The Honorable Kenneth R. Macht, Chair ti JUN 1995
Board of County Commissioners N AOMNSTRAi'S
Indian River County Administration Building
1840 25th Street
Vero Beach, Florida 32960-3394
Dear Commissioner Macht:
I am pleased to inform you that the COPS AHEAD grant application submitted in March, 1995,
has been approved.
Attached you will find a copy of the letter from the COPS Office, U.S. Department of Justice,
officially notifying us of the award. In addition, you will find an original document requiring
your signature, thus officially accepting this grant award.
JULY 119 1995 2
As with the COPS Phase I grant, with which we received three additional officers, a list of Grant
Conditions will apply to the COPS AHEAD award. However, these conditions are currently
being met or can be met without inconvenience.
I am requesting that this grant award be placed on the next scheduled Commission meeting for
fmal acceptance. Upon receiving your signature, I will have a courier pick up the document so
that it may be processed and mailed to the Department of Justice.
Should you have any questions, I am available.
Sincerely,
Wheeler
Sheri$ Indian River County
ON MOTION by Commissioner Eggert,. SECONDED'.by
Commissioner Adams, the Board unanimously approved
the COPS AHEAD Grant Award, as recommended by
Sheriff Wheeler.
GRANT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
C. Overall Economic Development Plan Annual Report 1994-95
The Board reviewed a Memorandum of June 29, 1995:
TO: James E. Chandler
County Administrator
DI SION HEAD CONCURRENCE DATE: June 29, 1995
RobertM. e t g, AI
Community Devel pmen /jirector
FROM: Sasan Rohani, AICD S- PC -
Chief, Long -Range Planning
RE: OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) ANNUAL REPORT
1994-1995
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 11, 1995.
DESCRIPTION AND CONDITIONS
In June of 1985, the Indian River County Overall Economic
Development Plan (OEDP) was originally adopted by the Board of
County Commissioners. Subsequently, the Economic Development
Administration (EDA) designated Indian River County as a Title IV
Redevelopment Area.
JULY 11, 1995 3
soon 95 F -A. 647
BOOK 95 Fru 64�
To maintain its redevelopment area designation, Indian River County
has had to prepare an OEDP progress report and submit this report
to EDA on an annual basis. The county has done this each year
since the 1985 approval of its OEDP.
In 1994-95, the county prepared an Economic Base Study and
developed an Economic Development Strategy Plan. The county's
current Overall Economic Development Plan (OEDP) served as the
basis for developing the Economic Development Strategy Plan (EDSP).
For that reason, the strategy plan closely relates to the OEDP.
Consequently, some of the objectives and strategic actions
identified in the strategy plan are the same as objectives and
policies of the=OEDP. The Economic Development Strategy Plan
represents an extension and update of the OEDP.
Consistent with Economic Development Administration (EDA)
regulations, staff has prepared the 1994/1995 OEDP Annual Report.
This report covers the period from July 1, 1994 to June 30, 1995.
This is essentially a status and evaluation report of the OEDP. A
copy of the OEDP annual report is attached to this agenda item.
This Annual Report is required in order for Indian River.County to
maintain its "redevelopment area" status and its eligibility to
apply for federal technical assistance and other funds.
The Annual OEDP Report includes the following items:
1. A review of the past year's accomplishments=
2. A report on any significant changes in the economy..and
its development potentials; and
3. An update of the county's economic development policies
and courses of action planned for the coming two years,
including any projects that may require EDA financial
assistance.
On June 27, 1995, the Economic Development Council and the OEDP
Committee reviewed and approved the attached OEDP Annual Report and
directed staff to forward the report to the Board of County
Commissioners for approval prior to submittal to the Economic
Development Administration.
ANALYSIS ,.
Upon approval of the OEDP, the most important task was
implementation of the OEDP policies and achievement of its
objectives. As part of the progress report procedure approved by
the EDC on January 26, 1993, staff must maintain the OEDP
implementation matrix. For each policy of the plan, this matrix
identifies the type of action needed, responsibility, timeframe,
final product, and completion status. This matrix is updated
regularly.
The Community Development staff coordinates on a regular basis with
the Indian River County Chamber of Commerce and Council of 100
staff. As a result, county staff has compiled information on
council and county implementation actions and has entered this
information into the implementation matrix. The attached matrix,
which indicates progress in implementing the OEDP policies, was a
useful tool in preparing the OEDP Annual Report.
JULY 119 1995 4
M
M
Also, the OEDP Annual Report indicates all economic development
initiatives that the county has taken within the last year and the
status of these initiatives. As part of its long-range economic
development planning, the county has received an EDA grant to
update the county's Commercial/Industrial Data Source, prepare an
economic base study, prepare an economic development strategy plan,
and develop a fiscal impact model for the county..: The county has
updated the Commercial/Industrial Data .Source:. prepared 'the
Economic Base Study, developed an Economlic- Development Strategy
Plan, and prepared an Economic Development Marketing Plan. The
selection of a consultant to prepare a fiscal impact model is
currently under way.
ALTERNATIVES
With respect to the proposed OEDP annual report, the Board of
County Commissioners has three alternatives. These are:
• To approve the OEDP annual report
• To approve the OEDP annual report with changes
• To reject the OEDP annual report
Either -of the first two alternatives will ensure that the county
will maintain its Title IV redevelopment area designation. Staff
supports the first alternative.
RECOMMENDATION
The EDC, the OEDP Committee, and the staff recommend that the Board
of County Commissioners approve the 1994/95 Annual OEDP Report and
direct staff to submit a copy of the report to the Economic
Development Administration (EDA).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Overall Economic Development Plan Annual Report
for 1994-95 and directed staff to submit a copy of
the Report to the Economic Development
Administration, as recommended by staff.
REPORT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
BOOK 95 F,acF 649
JULY 11, 1995 5
Bm 95 650
D. Grant Funds from State Department of Community Affairs
The Board reviewed a Memorandum of July 5, 1995:
TO: James Chandler
County Administrator e
FROM: Robert M. Keating, AICP RA'k
Community Development Director
DATE: July 5, 1995
SUBJECT: REQUEST FOR BOARD TO ACCEPT GRANT
FUNDS FROM THE STATE DEPARTMENT OF
COMMUNITY AFFAIRS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of July 11, 1995.
DESCRIPTION & CONDITIONS:
According to Florida Statutes, each local government in the state
must prepare an evaluation and appraisal report (EAR) of its
comprehensive plan. Indian River County's EAR must be'submitted to.
the state by January 1, 1997.
To assist those local governments whose evaluation and appraisal
reports are due , in the FY96/97 time period, the Florida
Legislature, in its 1995 session, appropriated $1,252,190. This
money is to be divided evenly among the 89 affected local
governments. Accordingly, Indian River County will receive
$14,069. This amount is not sufficient to cover the cost of
preparing the EAR, and the state acknowledges this. The funds,
however, will compensate the County for part of the costs.
To be eligible for the referenced funds, the County must execute
the attached contract with the Department of Community Affairs
(DCA) by August 15, 1995. Subsequent to contract execution, the
County must then prepare a detailed workplan for completing the
contract's scope of services and must prepare a description of the
public participation process to be followed in preparing the EAR.
Once these activities have been completed, the County will have
until August 15, 1996 to complete all of the work products covered
by the contract.
ALTERNATIVES & ANALYSIS.
It has been staff's intent to prepare the EAR in-house with
existing staff. This is consistent with the process used in
preparing the comprehensive plan, itself. Except for parts of two
elements, the entire comprehensive plan was prepared completely in-
house. In fact, staff has already started initial work activities
related to preparation of the EAR.
Since the referenced state funding had not been approved when
initial budgets were prepared last Spring, staff did not include
the $14,069 in its budget. For that reason, the FY 95-96 budget
for 004-205, County Planning, will need to be revised to reflect
this amount.
JULY 119 1995 6
s � �
For budgetary purposes, the $14,069 should be reflected in the 004-
205 budget under salaries and benefits. An equal amount should
then be removed from salary and benefits and put in the contractual
services line item. This will provide funds to have consultants do
some of the EAR work, if necessary. while no consultant activities
have yet been identified, there may be a need for consultant
services to do some GIS (computer mapping) work related to the EAR.
To receive the $14,069 state allocation, the Board trust approve the
attached contract. By doing so, the Board will receive partial
compensation for the cost of doing required EAR work.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the
attached contract between Indian River County and the Department of
Community Affairs and authorize the chairman to sign the contract.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Evaluation and Appraisal Report Assistance
Program Contract with the State Dp'artment of
Community Affairs, as recommended by staff.
CONTRACT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
E. Site Plan and Special Exception Use Approval Extension for Adult
Congregate Living Facility - Sylvestro & Sons, Inc.
The Board reviewed a Memorandum of June 29, 1995:
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE:
Robert M. Keag, A P
Community Devel pme Director
'44.
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric Blad �V
Staff Planner, Current Development
DATE: June 29, 1995
SUBJECT: Sylvestro & Sons, Inc.'s Request for Site Plan and
Special Exception Use Approval Extension for an Adult
Congregate Living Facility [SP-MA-94-07-28/IRC #94040037-
001]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of July 11, 1995.
JULY 119 1995 7
BOOK 95 F-Ajc 651
Bogx 95 652
DESCRIPTION AND CONDITIONS:
On July 5, 1994, the Board of County Commissioners granted special
exception use approval for an adult congregate living facility. In
conjunction with the special exception approval the county also
granted major site plan approval for the ACLF project. The site
plan proposes the conversion/alteration of an existing single
family residence, in conjunction with the construction of a
building addition, to establish an adult congregate living facility
at 965 Old Dixie Highway S.W. (see attachment #2). The current
expiration date of the site plan approval is July 5, 1995.
The project applicant has filed a request to extend the site plan
approval expiration date and the time limitation of the special
exception use approval. According to the applicant, delays in
obtaining state permits and licenses necessary to operate the ACLF
have delayed project construction. Pursuant to site plan
regulations, the 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.site plan extension.
As allowed under provisions.of the LDRs, Calmes & Peirce, Inc., on
behalf of Sylvestro & Sons, Inc., is requesting a full one .year
extension of the site plan approval expiration date. Staff has no
objections to the Board granting the request since the previously
approved site plan substantially conforms to existing LMR
requirements.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the
request by Sylvestro & Sons, Inc. for a one year extension o.f the
conditional site plan approval and the special exception use
approval, with all original site plan approval conditions to remain
in effect. The new site plan expiration date will be July 5, 1996.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved a
one year extension of the conditional Site Plan
Approval and Special Exception Use Approval for
Adult Congregate Living Facility for Sylvestro &
Sons, Inc., as recommended by staff.
JULY 119 1995 8
F. Bid #5072 - South A -1-A Widening Project - Dickerson Florida. Inc.
The Board reviewed a Memorandum of June 30, 1995:
DATE: June 30, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5072/South A -1-A Widening Project
Public Works Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Advertisements Mailed To:
Replies:
Statement of "No Bid"
VENDOR
Dickerson Florida Inc
Stuart, FL
Ranger Construction Industries
Ft Pierce, FL
TOTAL AMOUNT OF BID
'May 31, 1995
May 8, 121 1995
Twenty -Five (25)
Two (2) Vendors
-0-
BID TABULATION
$394,641.64
$443,555.95
$394,641.64
Vendors
SOURCE OF FUNDS 101-152-541-067-37 - District 2 - Road
Improvement Fees
ESTIMATED BUDGET
RECOMMENDATION
$4360,000.00
Staff recommends that the bid be awarded to Dickerson
Florida Inc 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 #5072 to Dickerson Florida, Inc. in the amount
of $394,641.64, as recommended by staff.
BOOK 95 PAr,F 653JULY 11, 1995 9
BGer 95'��65
G. CR -510 and SR -AIA Intersection Improvements
The Board reviewed a Memorandum of July 3, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.
Capital Projects Manager
SUBJECT: CR 510 and SR AIIA
Intersection Improvements
DATE: July 3, 1995
Construction of CR 510 and SR Al Intersection Improvements are complete.
Gee & Jenson is requesting final payment including retainage in the amount of
$4033.75.
Staff recommends that the Board release final payment in the amount of
$4,033.75. Funding is from Account 101-151-541-067.11.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
final payment in the amount of $4,033.75 to Gee &
Jenson, as recommended by staff.
JULY 119 1995 10
H. Floodplain Cut and Fill Balance Waiver - 9115 44th Avenue
The Board reviewed a Memorandum of July 3, 1995:
----------------------
TO: James Chandler
County Administrator n /J
THROUGH: James W. Davis, P.
Public Works Director
' and
Roger D. Cain, P.E
County Engineer 'r��
FROM: David B. Cox, P.E.k
Civil Engineer
SUBJECT: Request ror Floodplain Cut and Fill Balance Waiver for Residence at 9115
44th Avenue, Tax Parcel I.D. No. 28-3A=39-00000-0010-00014.0
REFERENCE:- Project No. 95040089
DATE: July 3, 1995 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
Bill Doyle Construction has submitted a building permit application for a single family
residence on the subject property, and has requested a waiver of the cut and fill balance
requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection
Ordinance. The - site is located in special flood hazard area Zone AE with base flood
elevation of 10.0 ft. N.G.V.D. The ten year flood elevation, is 5.0 ft. N.G.V.D. The
proposed displacement of the floodplain below 5.0 ft, for which the waiver is requested is
146 cubic yards as indicated in the attached letter from the applicant's engineer dated June
27, 1995.
ALTERNATIVES AND ANALYSIS
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)l.
of being situated in an estuarine environment within the 100 year floodplain along the
Indian River and in staffs opinion it appears that all other Stormwater Management and
Flood Protection Ordinance requirements can be met without adverse impact on other lands
in the estuarine environment. The applicant has also submitted an alternative grading plan
that satisfied the cut and fill balance requirement without needing the waiver. The
alternative plan was approved with the Type C Float Management.System Permit on June
28, 1995. The applicant is requesting the waiver so he will have the option of not
constructing an, -on site retention area if the waiver is granted.
Alternative No.: l
Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)l.
Alternative No. 2
Deny the cut and fill waiver. Require an on site retention area be provided to compensate
for the proposed floodplain displacement.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the cut and fill balance waiver for the residence
located at 9115 44th Avenue, pursuant to
recommendations by staff.
JULY 119 1995
11
Boor 95 PA 655
Bao 95 0+ r c 656
I. Utility Easements - Sundowners Subdivision (53rd Avenue)
The Board reviewed a Memorandum of June 28, 1995:
DATE: JUNE 28, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATO
.FROM: TERRANCE G. PI
DIRECTOR OF UTI S VICES
PREPARED JAMES D. CHASTV
AND STAFFED MANAGER OF ASS PROJECTS
BY: DEPARTMENT OF OLITY SERVICES
SUBJECT: A RESOLUTION OF FORMAL ACCEPTANCE OF UTILITY
EASEMENTS - SUNDOWNERS SUBDIVISION (53RD AVENUE)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -05 -DS
On June 6, 1995, the Indian River County Board of County
Commissioners approved Resolution I (95-66) and Resolution II
(95-67), which contained the preliminary assessment roll and set the
date of the public hearing for the above -referenced subdivision.
ANALYSIS
In connection with installing water lines by the Department of
Utility Services for Sundowners Subdivision (53rd Avenue, south of
16th Street)', it is- necessary that the County formally accept the
utility easements in accordance with the subdivision plat dedication
certification condition.
RECOMMENDATION
The Department of Utility Services recommends that the Board of
County Commissioners approve and authorize the chairman to sign the
attached resolution accepting the necessary utility easements.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-79, formally accepting easements for
utility purposes only in Sundowners Subdivision.
JULY 119 1995 12
RESOLUTION NO. 95- 79
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING
EASEMENTS FOR UTILITY PURPOSES ONLY IN SUNDOWNERS
SUBDIVISION.
WHEREAS, Indian River County is in the process of installing water lines
in Sundowners Subdivision; and
WHEREAS, in connection with this project, it is necessary for the County
to install its water lines in certain utility easements in Sundowners
Subdivision, as recorded in Plat Book 8, Page 87, of the public records of
Indian River County, Florida;
NOW, THEREFORE,
BE IT RESOLVED
BY THE BOARD OF COUNTY COMMISSIONERS
OF
INDIAN RIVER COUNTY,
FLORIDA, that
the Board hereby formally accepts
for
utility purposes only the street and easements, or any part thereof, as
offered to the County in the Certificate of Dedication shown on the plat of
the above -referenced subdivision.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Adams , and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 1L_ day of 1111 y , 1995.
BOARD OF OUNTY COMMISSIO
INDIAN IVER CO , RIDA
Attest:
B
Kenneth R. Nacht
Je Barton, erk _ Chairman Intm Alva Co. Approved
Admin
•
Legal
Budget
Dept.
Risk Mg .
JULY 119 1995
13
BOOK 95 PACE 657
ale
mo.. ;95 f',, f658
J. Emergency Management Preparedness and Assistance Program
The Board reviewed a letter of June 27, 1995:
STATE OF FLORIDA
DEPARTMENT OF COMMUNIT-a( .AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor
June 27, 1995
The Honorable Kenneth R. Macht
Chairperson, Indian River County
Board of County Commissioners
1840 25 Street
Vero Beach, Florida 32960
RE: Emergency Management Preparedness and Assistance Program
Dear Mr. Macht:
Notice of Funding for FY 1995-96
In compliance with section 9G-19.010(1), Florida Administrative Code (F.A.C.), the
Department of Community Affairs is pleased to announce its intent to offer its third year of
county base grant funding from the Emergency Management Preparedness and Assistance Trust
Fund for the purpose stated in section 9G-19.001, F.A.C., which reads in part, "Said funds shall
be used to implement and administer local emergency management programs, including
training
Based on the Fiscal Year 1995-96 Legislative Appropriation, the amount offered will be
$71,924 for counties maintaining a full time emergency management program and $46,750 for
those counties maintaining a part time emergency management program. These amounts
represent the total award for which the counties are eligible, prior to the deduction of operational
costs associated with the statewide communications system authorized under section
9G-19.005(3), F.A.C.; for Fiscal Year 1995-96, this amount will be calculated at $500/month for
12 months minus any credit amount owed from the county's 1994-95 contract.
During the next few weeks, we will be finalizing a detailed Scope of Work and other
contract language relating to this funding offer; we anticipate that the actual contract will be
mailed to you for execution in early August. The FY 1995-96 contract period will cover
October 1, 1995 through September 30, 1996.
JULY 119 1995 14
Non -Compliance Information
As provided in Rule 9G-19.004(4), F.A.C., "County Emergency Management Agencies
not in compliance with the terms of a prior award shall not be eligible for additional awards." It
is imperative that all reports/work products required under your current year base grant contract
are submitted to this Division accurately completed and on time. Failure to provide such items
constitutes noncompliance with a prior award and will result in the withholding of payments
under the new FY 1995-96 contract.
Eligibility Certification Requirement
Pursuant to Rule Chapter 9G-19.004(1), F.A.C., in order to be eligible to receive base
grant funding under the above referenced program, "...each County Emergency Management
Agency shall annually certify their commitment to employ and maintain either a full-time
Director or part-time Coordinator consistent with, Sections 9G-19.005(4) and (5). Said
certification shall be executed by the Board of County Commissioners and transmitted to the
Division ... by August 1 of each year."
In order for the Department of Community Affairs to allocate FY 1995-96 funds in
accordance with Rule Chapter 9G-19.005, the attached information and certification is necessary
to complete the process. Please complete the attached form and return it by August 1, 1995 to
the Division of Emergency Management, 2740 Centerview Drive, Tallahassee, Florida 32399-
2100, Attention: Ms. Pat Smith.
We look forward to continuing to work with you during the upcoming year. If you have
any questions, please contact your Emergency Management Area Coordinator, or call Pat Smith
at (904) 413-9875 or Suzanne Adams at (904) 413-9934 in Tallahassee.
Sincerely
Joseph F. Myers, Director
Division of Emergency Management
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Certification for Eligibility to Receive Base
Grant Funding from the Department of Community
Affairs.
CERTIFICATION IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
nox 95 F,�cF 659
JULY 119 1995 15
500A 95 66
K. Cancellation of Outstanding Taxes - Duff's, Inc.
The Board reviewed a Memorandum of June 21, 1995:
TO: B�OpA_RD� OF COUNTY COMMISSIONERS
FROM: Lea R. Keller, CIA, County Attorney's Office
THRU: Charles P. Vitunac, County Attorney
DATE: June 21, 1995
RE: CANCELLATION OF OUTSTANDING TABES
PROPERTY PURCHASED FOR COUNTY USE
The County recently acquired some right-of-way, and, pursuant to Section
196.28, Florida Statutes,. the Board of County Commissioners is allowed
to cancel and discharge any taxes owed on the portion of the property
acquired for public purposes. Such cancellation must be done by
resolution of the Board with a certified copy being forwarded to the Tax'
Collector, the Property Appraiser, and Fixed Assets Department.
REQUESTED ACTION: Board authorize the Chairman to sign the
attached resolution cancelling taxes upon lands the County recently
acquired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-80 cancelling delinquent taxes on
publicly -owned lands.
Re: R/W - First Street at 43rd Avenue
Parcel #15-33-39-00001-0130-00001.0
DuJ's, Inc.
RESOLUTION NO. 95-1 80
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TAXES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
JULY 119 1995 16
RESOLUTION 95-80
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Any and all liens for taxes, delinquent or current, against the property
described in O. R. Book 1059, Page 925, which was recently acquired by
Indian River County for right of way purposes on First Street at 43rd
Avenue, are hereby cancelled, pursuant to the authority of section
196.28, F.S.
2. The Clerk to the Board of 'County Commissioners is hereby directed to
send a certified copy. of this Resolution to the Tax Collector and the
Property Appraiser.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Adams , and, upon being
put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 11 day of July , 1995.
- BOARD OF C9UNTY COMMIS I RS
INDIAN R CTNTYP FL DA
eats
By
enneth R. Macht, Chairman
J. 15ton, Clerk----,-t
-h Legal PC:c .
Att chment: Deed witVescription
ccs Fixed Assets Department
PETITION WATER SERVICE IN SUNDOWNERS SUBDIVISION
(53RD AVENUE, SOUTH OF 16TH STREET
JULY 11, 1995
17
Boor 95 Fa E661
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
In the Court, was pub -
1 r
lished in said newspaper in the issues of % v
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. J
me thisda
Y of Aelri A.D. 19
(Business Manager)
BARBARA C. SPRAGUE. NOTARY PUBLIC,
ie of Florida, My ommnssiun xo June 297
Commission Number: CC300572
Sipa:- .
Notary: BARBARA C. SPRAGUE
NOTICE
Re: UTILITIES PUSUC HEARING
WATER ASSESSMENT PROJECT
The Board of County Cis of Indian
RArer Crnmty. 1larldat faovides notice of
PUBLIC HEARMG add for 9:115 a.m. on
Tuesday. - July 11, 1995 to discuss a womsed
r�dutbn
relawq to a SPECIAL ASSESSMENT
PROJECT in Indian F or ketaffallo
of WATER SERVICE TO%WS
SUB13M
SION, and vovidlrg for special assessment gena to
be made of record on the propertles to be served.
Anyone who may wish � any decision which
may be marls at thnis wB need to enan
that a verbatim record of the proc6edngs is made,
it testimony and evidence upon which
appealHE
Anyone who needs a special accomrnwdation for
this may contact the Comfy's Americans
with Act (ADA) Coordnator at 567-
8000, Ext. 408, at least 48 hours In advance or the
Juane 9.-16, 1995 1207054
The Board reviewed a Memorandum of June 30, 1995:
DATE: JUNE 30, 1995
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASS SPITY
PROJECTS
BY: DEPARTMENT OF ERVICES
SUBJECT: PETITION WATER SERVICE IN SUNDOWNERS
SUBDIVISION (53RD AVENUE, SOUTH OF 16TH STREET)
INDIAN RIVER COUNTY PROJECT NO. UW -95 -05 -DS
RESOLUTION III - PUBLIC HEARING
BACKGROUND
On June 61 1995, the Indian River County Board of County
Commissioners approved Resolution I (95-66) and Resolution II
(95-67). Resolution I contained the preliminary assessment roll
describing the project and cost. Resolution II set the date of the
public hearing for the subject project. Property owners have been
notified of the public hearing by certified mail. Resolution I
JULY 119 1995
18
(95-66) was published in the Vero Beach PRESS JOURNAL on June 12,
1995 (see attached agenda item and minutes of the above meeting).
ANALYSIS
Design of the water distribution system is complete. An
informational meeting was held for the benefit of the property
owners on June 20, 1995. The total estimated cost to be assessed is
$47,899.64. The cost per square foot is $0.0712649. Approval of
the attached Resolution III will confirm and approve the preliminary
assessment. The attached map displays the area to benefit from the
assessment project.-- This project is to be paid through the
assessment of property owners along the proposed water line route.
In the interim, financing will be through the use of impact fee
funds.
The staff of the Department of Utility Services recommends -that the
Board of County Commissioners approve Resolution III, which affirms
the preliminary assessment on the subject project. ,
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.,',.,There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-81, confirming the special assessments
in connection with a water main extension to
Sundowners Subdivision and providing for special
assessment liens to be made of record.
Public Hearing (Third Reso. )
RESOLUTION NO. 95-8_
IN THE RECOhi. ,-
JEFFREY K. Eikr.:
CLERK CIRCUIT CCuK;'
INDUW RIVER CO., FIA,
A RESOLUTION OF INDIAN - RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH A WATER MAIN EXTENSION
TO SUNDOWNERS SUBDIVISION AND PROVIDING FOR
SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 95-66, adopted June 6, 1995, determined
to make special assessments against certain properties to be serviced by
a water main extension to Sundowners Subdivision; and
WHEREAS, said resolution described the manner in which said
special assessments shall be made and how said special assessments are
to be paid; and
Boa 95 �ac� 66�
JULY 119 1995 19
0
CO
cr
1 �4
Cn
111000��� 91
RESOLUTION 95-81
WHEREAS, the resolution was published in the Vero Beach Press
Journal, as required by Section 206.04, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County passed Resolution No. 95-67 on June 6, 1995, which set a time
and place for a public hearing at which the owners of the properties to
be assessed and other interested persons would have the chance to be
heard as to
any
and
all
complaints
as to said project
and said
special
assessments,
and
for
the
Board to
act as required by
Section
206.07,
Indian River County Code; and
WHEREAS, notice of the time and place of the public hearing was
published in the Press Journal Newspaper on Friday, June 9, 1995, and
Friday, June 16, 1995 (twice one week apart; the last being at least.
one week prior to the hearing), as required by Section 206.06, Indian
River County Code; and
WHEREAS, the land owners of record were mailed notices at least
ten days prior to the hearing, as required by Section 206.06, Indian
River County Code; and
WHEREAS, the Board of County Commissioners of Indian River
County on Tuesday, July 11, 1995, at 9:05 a.m. conducted the public
hearing with regard to the special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The special assessments shown on the attached assessment roll are
hereby confirmed and approved, and shall remain legal, valid, -and
binding first liens against the properties assessed until paid in
full.
2. The County will record the special assessments and this resolution,
which describes the properties assessed and the amounts of the
special assessments, on the public records, which shall constitute
prima facie evidence of the validity of the special assessments.
JULY 119 1995 20
M
M
RESOLUTION 95-81
The resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by Commissioner Adams ,
and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and'
adopted this 11th day of July, 1995.
Attest:::,'
.,.J :Barton k
BOARD OF OUNTY COMMISSIONERS
INDIAN ER COUNTYIDA
By4Kenneth Mac t
Chairman
a
1003n Riva Ca
Approved Date
Admlrt
Legal
3—
Budget
Dept.
Risk gr.
Attachment: ASSESSMENT ROLL
(to be recorded on Public Records)
PUBLIC DISCUSSION - REQUEST BY GEORGE MOODY TO DISCUSS
WABASSO CORRIDOR PLAN AND COMMITTEE
George Moody of 4990 65th Street felt this corridor has been
a problem for a long time. He expressed his concern that the
corridor was a "done deal" and saw no reason to change the
setbacks, the signs or any other regulations.
Commissioner Eggert explained the process and commented that
there is a lot of time yet for the plans to change, be turned down
or accepted.
Mr. Moody wanted to know why the people living on the island
can tell him how to use his property and questioned whether the
JULY 119 1995
21
BOOK 95 wF665
Boor, 9 t��'U 66
zoning on the island had been changed from family housing to
timeshares for the benefit of Disney.
Commissioner Eggert explained that the property had not been
rezoned and is still zoned residential.
Commissioner Adams inquired whether Mr. Moody is serving on
the ad hoc committee, and Mr. Moody responded that no one had ever
invited him.
Commissioner Eggert advised that the procedure was to put
together a task force to create a plan that would help the area by
bringing in business which will come anyway, no matter what you do.
This plan would then be presented to the community to comment on
and make changes, or turn it down.
Commissioner Bird commented that the plan is still very
flexible with a lot of opportunity for input. He believed that the
final plan will benefit the property owners in that corridor.
Mr. Moody questioned the reason for the corridor, and
Commissioner Bird felt that Disney was related to it but the
commercial entities to support the Disney project and others that
will follow will be on the mainland, on the west side of the
Wabasso bridge.
Commissioner Adams emphasized that one of the concerns she has
heard from some constituents in the area is that they think that
current zoning is sufficient to handle any growth; however, it is
not. Retaining the small village concept enjoyed in Wabasso will
be a matter of expanding and redefining the regulations although
she realized that there are always loopholes and ways to get around
them. She felt that citizens should not sit back and expect the
Commissioners to look after their best interests but should be
involved in the process. She hoped that Mr. Moody is just
concerned and will take an active role in making sure that the
corridor develops in a way he will like.
Chairman Macht stated that the bottom line is that nobody will
be deprived of the full use of their property by anything that is
being considered and everyone will have more than one chance to
represent themselves.
JULY 119 1995 22
UNSAFE STRUCTURE - ABANDONED GAS STATION 8980 U.S. #1
WABASSO - CONDEMNATION. DEMOLITION & REMOVAL
The Board reviewed a Memorandum of July 3, 1995:
TO: James E. Chandler
County Administrator
DATE: July 3, 1995
SUBJECT: Condemnation, Demolition and Removal of Unsafe Structure:
Larry Catton Investments, Inc. Abandoned Gas Station
8980 U.S. Highway 1, Wabasso, Fl
THROUGH: Robert M. Seating, Director AMK
Community Development Department
FROM: Ester L. Rymer,
Building Division
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of July 11, 1995.
DESCRIPTION AND CONDITIONS:
This item was initially presented to the Board of County Commissioners at its regular meeting
of June 20, 1995. Because of legal questions regarding liability, the Board directed staff to
research this issue in more detail and report back to the Board. Since then, staff from
building, planning, road and bridge, environmental health, and the county attorney's office
have met and analyzed the situation in more detail. This is the revised staff report.
As indicated by staff at the June 20, 1995 Board meeting, the abandoned gas station at 8980
U.S. Highway 1 in Wabasso has been the subject of code enforcement action for over a year.
Despite various attempts, staff has been unable to serve the owner with formal notice of code
enforcement action. _ In this case, code enforcement would probably be ineffective anyway,
because soil contamination has severely reduced the property's value. Consequently, code
enforcement staff recently requested that building division staff inspect the property.
Upon inspection, building staff condemned the referenced structure and ordered the structure
repaired or removed. Said -structure is considered unsafe and detrimental to the health,
safety, and welfare of the general public.
As per county code requirements, the owner of the property was issued notices to repair or
remove the structure, and advised of his right to appeal the condemnation order before the
Indian River County Building Code Board of Adjustments and Appeals. In addition,
condemnation cards were posted on the property. Because staff could not obtain legal service
on the property owner for the. notice, a public notice was posted at the Indian
River County Courthouse.
ANALYSIS:
The subject structure has been vacant for a considerable time. During that time, the building
has continued to deteriorate and has been frequented by vandals and transients. Not only has
the owner failed to maintain the structure in compliance with the Minimum Standard Codes, he
has failed to bring the structure into compliance as required by posted notice. Since the owner
has not filed an appeal to the condemnation order, the County may now proceed with demolition
of the structure.
600K 95 FGF 66 7
JULY 119 1995 23
BOOK. 95 Fra JE 668
Because, of site remediation liability concerns, staff has been cautious in proceeding with
demolition of the referenced structure. On June 23, 1995, county staff met with Charles Vogt
of the Environmental Health Department to discuss the most effective means of demolition of the
nuisance structure, while limiting any County liability for environmental clean up.
Mr. Vogt advised staff that, based upon prior work done on the site, he could stake out the--4-
location of the underground tanks. This will allow for heavy, rubber -wheeled trucks to
approach the building from the rear and demolish it without disturbing the tanks themselves.
He advised that any attempt to remove the tanks would probably cause an event of .discharge
because they are already cracked and may have as much as 10% of the tanks' fuel remaining in
them.
Using a truck -mounted clam shell claw, county road and bridge crews can demolish the bulk
of the building, with hand labor finishing off the work as necessary. The estimated cost of the
demolition, including landfill fees, is approximately $6,500. With the rubber wheeled truck,
clam shell claw, and hand disassembly, Mr. Vogt and county attorneys agree that the county
will not incur liability for total site clean-up that could cost hundreds of thousands of dollars.
With respect to the fuel pumps on site, Mr. Vogt has recommended that a specialty contractor
be hired to accomplish removal.- At an estimated cost of $500, the contractor can disconnect
and cap any piping leading from the below -ground tanks to the station's pumps. This, too,
should ensure that the county does not incur additional liability.
Besides the abandoned building and pumps, there is a large dirt pile on the site. The dirt was
recently stockpiled on site by a county utility contractor installing a wastewater line on
U.S.#1. Because the dirt was excavated from the U.S.#1 right-of-way adjacent to the gas
station site, the contaminated dirt was deposited on the subject property while the excavation
was backfilled with clean fill.
Whether or not the dirt piles can be removed is dependent upon the type of contamination.
Testing to determine the type of contamination will cost $2, 000.06. If the dirt is simply
contaminated with petroleum, this is considered non -hazardous and may be disposed of at a
burn facility. This cost would be approximately $5,000. If, however, the dirt piles are
contaminated with heavy metals or other hazardous materials, any shipping or disposal of the
dirt pile would make the County liable for the clean up of the entire contaminated site,
including any underground contamination.
ALTERNATIVES:
The county has several alternatives with respect to this matter. These are as follows:
1. Proceed with the demolition as outlined above. This would involve staking out the
underground tanks; identifying safe routes for trucks to enter and demolish the
building from the rear; having a pollution specialty contractor cap off any piping
and remove the dispensing pumps; testing the dirt piles for signs of any
hazardous materials or heavy metals; and removing the dirt piles to a burn facility
if only petroleum is found. The total cost for this alternative would be
approximately $14, 000.
2 . Same as Alternative No. 1, except the dirt piles would be disposed of even if they
were found to contain hazardous materials. With this alternative, the County
would be liable for environmental clean up of the entire site, including
underground soil contamination. The cost to the county could be several hundred
thousand dollars if it is found liable.
3. The county could opt to have the entire site and affected off-site areas cleaned up
and apply for reimbursement from the state. The cost would be several hundred
thousand dollars, and prospects for reimbursement are slight.
4. The county could board up/ secure the building, but not remove any structures .
5. No action.
JULY 11, 1995 24
M
M
RECOMMENDATION:
Staff recommends Alternative No. 1.
Staff further recommends that the Board of County Commissioners declare said structure a
nuisance, and order the -building demolished with related debris removed from the property by
the County Road and Bridge Department.
Staff also recommends that the Board adopt the attached Resolution authorizing the Building
Official to report the county's demolition and debris removal cost for the structure tothe
County Attorney for the preparation and recording of a lien to be placed on the real property
of the owner for the purpose of recovering the county's costs.
Bob Keating, Community Development Director, reviewed the
situation for the Board.
Charles Vogt, Environmentall-,Aiealth Department, advised that
there is no reason to suspect any contamination other than
petroleum but there could be pesticides as this is an agricultural
area. Mr. Vogt recommended that no action be taken at this time as
the County could be held liable for discharging additional
contamination.
County Attorney Vitunac advised that the County may own the
property in 7 years as a result of tax liens. Notice has been
given to the owner but it is his understanding that the corporation
is out of business.
Deputy County Attorney Collins stated that a title search
shows the property is owned by Larry Catron. However, Attorney
Collins has been told that Mr. Catron'filed for bankruptcy. There
are 2 mortgages and both banks filed suit on the promissory notes,
not for foreclosure of the mortgages. There are liens against the
property totaling $177,000 which are accruing interest. He
believed that the safest course would be to take no action at this
time. Tax certificates unpaid for 7 years, by operation of state
law, will title the land in the County for back taxes and he
believes the County would have a better chance at that time of
qualifying for funding of clean up.
Commissioner Bird advised he has been told there may be some
individual investors and requested a delay of one week to give the
County Attorney's Office time to contact these individuals and
ascertain what their position would be.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, that the Board approve
Alternate No. 1 to proceed with demolition, as
recommended by staff.
Bou 95 FACF669
JULY 119 1995 25
80% 95 P�,,T.670
Ester Rymer, director of the Building Division,advised that
the interior of the building is completely gutted but is not in
danger of collapsing.
Michael J. Galanis, IRC Environmental Control Officer,
suggested using funds garnered from environmental fines through the
Environmental Control Board and felt that this type of activity
would meet the requirements for use of that money.
Chairman Macht suggested that a 1 -week delay might not be
enough and requested a survey of similar sites, with a notation as
to whether there is an ownership issue.
Lengthy discussion was held regarding the County's liability
in this matter, as well as the possible cost should further
contamination be found.
William Koolage, a concerned citizen, did not like to see the
County expending funds to clean up properties belonging to other
people and suggested that some way be found to hold these owners
responsible.
Commissioner Bird felt that it would be to the benefit of
other investors in the property to clean it up and wanted to delay
action for 1 week.
THE CHAIRMAN CALLED THE QUESTION and the
Motion failed ' 2-3 (Chairman Macht,
Commissioners Tippin and Bird opposed).
Chairman Macht directed staff to bring back a survey of
similar sites and advise what the County's liabilities are for
each.
ON . MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously agreed to
table the matter for one week; directed legal staff
to research the title to the property for any
individual investors; and directed staff to check
into the environmental fines fund for any funds
available to assist with this project.
JULY 119 1995 26
911 PBX/ALI SERVICE TRIAL AGREEMENT - BELLSOUTH
TELECOMMUNICATIONS, INC., DISNEY VACATION
DEVELOPMENT, INC.. FLORIDA AND INDIAN RIVER COUNTY
The Board reviewed a Memorandum of June 30, 1995:
TO: Honorable Board of County Commissioners
THROUGH: Jim Chandler, County Administrator
FROM: Doug Wright, Director
Emergency Services
DATE: June 30, 1995
SUBJECT: Approval of 911 PBXe/ALI Service Trial Agreement Between
BellSouth Telecommunications, Inc., Disney Vacation
Development, Inc., Florida, and Indian River County
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND ZONDITIONS:
The Department of Emergency Services has been meeting with Disney and
BellSouth TeleCommunications officials over the past several months
in an effort to improve on the original 911 emergency response plan
submitted to the County by the Resort.
The original plan was for all 911 calls within the resort area to go
directly to a central switchboard where the emergency information
would be taken by a resort operator. After receiving the
information,- the resort operator would then call 911 and relay the
information to the 911 Communications Center. The emergency
responders would then proceed to the resort wherein a resort employee
would meet the emergency units and direct them to the location of the
emergency incident.
Department staff did not approve this emergency response plan for a
number of reasons.in that response times would be delayed, contact
could not be made with the victim or a person with knowledge about
the incident,' the victim might be in another location unknown to the
resort, and call back capability would not be possible.
After several meetings and exploring available options, BellSouth
TeleCommunications offered to test some new switching technology with
Disney being the test site if the County would permit some test
equipment to be temporarily located at the 911 Communications Center.
Staff has thoroughly' reviewed the Trial Agreement and recommends the
Board favorably consider the Agreement.
JULY 115 1995 27
BooK 95 P,� F VI
BOOK 95 672
ALTERNATIVES AND ANALYSIS:
The new technology will provide for each room or unit at the Disney
Resort to directly contact.the 911 Center and the specific location
of the emergency within the Resort will be displayed as relates to
the ANI (automatic number identifier) and ALI (automatic location
identifier). The system will also alert the Resort regarding the 911
call and provide a means for the emergency responder to communicate
with the victim or individual at the scene as well as provide a means
to call back if necessary.
BellSouth TeleCommunications is seeking authorization to temporarily
install certain equipment to test the new system, and Disney Resorts
will assist in the test by providing information for the test to be
accomplished. A temporary telephone trunk will be installed between
the Disney Resort and the 911 Center to accomplish the switch
technology test and there will be no impact on the existing 911
system.
All cost and/or expenses related to the Trial Agreement will be the
responsibility of either BellSouth Telecommunications or Disney
Resorts. If the system works as expected, this technology would be
used for other large resorts and be a great benefit to emergency
services providers.
The Disney Resort plans to open for business on October 1, 1995. The
equipment trial would commence July 17, 1995, with completion of the
trial period by September 20, 1995. If it works as -anticipated, the
system would be installed and be operational when the Resort opens in
October.
Officials from both Disney and BellSouth have been very cooperative
in this process and should be commended for their efforts in ensuring
a timely and effective response to emergency incidents which may
occur in the Resort area.
RECOMMENDATION:
Staff recommends the Board approve the Trial Agreement.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Trial Agreement for BellSouth Enhanced 911 for
PBX/ALI Service using ISDN Primary -Rate Service, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
JULY 119 1995 28
BID #5074 - SOUTH US #1 WATER MAIN — TREASURE COAST
CONTRACTING
The Board reviewed a Memorandum of June 29, 1995:
DATE: June 29, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Adm'nistrator
H.T. "Sonny" Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5074/South U.S. #1 Water Main
Utilities Department
BACKGROUND INFORMATION**
Bid Opening Date:
Advertising Dates:
Advertisement Mailed to:
Replies:
Statement of "No Bids"
VENDOR
Treasure Coast Contracting
Vero Beach, FL
Hall Contracting
St Petersburg, FL
McGrand & Associates
Blaine, MN
Speegle Construction
Cocoa, FL
R.A. Scott Construction
Daytona Beach, FL
Coastal Utilities
Cooper City, FL
Martin Paving
Vero Beach, FL
Telcon
Pompano Beach,, --'Ft'
Driveways, Inc
Titusville, FL
JoBear
Palm Bay, FL
TOTAL AMOUNT OF BID
June 21, 1995
May 23, 30, June 6, 13
Thirty Five (3 5) Vendors
Ten (10) Vendors
-0-
BID TOTAL
$1,366,538.00
$1,499,480.65
$1,522,974.06
$1,537,000.00
$1,593,593.00
$1,604,728.00
$1,615,500.00
$1,769,540.00
$1,821,643.70
$1,849,275.00
$1,366,538.00
SOURCE OF FUNDS Utilities Assessment Fund
472-000-169-219.00
ESTIMATED BUDGET $1,540,000.00
BOOK 95 Fn,cF 67
JULY 11, 1995 2 9
cook 95 tvf:7
MCOMMENDATION
Staff recommends that the bid be awarded to Treasure Coast
Contracting 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 #5074 to Treasure Coast Contracting in the
amount of $1,366,538, as recommended by staff.
DEVELOPERS AGREEMENT - WIDENING IlVIPROVEMENTS TO OLD
DDUE HIGHWAY - SOUTH PLAZA - HEIRS AND BUTZ
The Board reviewed a Memorandum of June 28, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.
Public Works Directo,
f�
SUBJECT: Developers Agreement for County Constructing Widening Improvements to
Old Dixle Highway in Exchange for Developer Deeding Additional Right -of -
Way along 1 st Street SW West of 58th Avenue.
DATE: June 28, 1995
DESCRIPTION AND CONDITIONS
Bobby J. Heirs and Pamela Heirs Butz, developers of North - South Plaza (located west
of Old Dbde Highway north of 12th Street) and owners of a 20 acre grove on the north side
of 1 st Street SW west of Kings Highway, have agreed to deed 30' of additional right-of-
way(.46 acres) for 1st Street SW in exchange for the county performing left turn lane
widening along Old Dixie Highway to serve a new driveway for North - South Plaza now
under construction. The value of the right-of-way is $10,465.04 (including citrus trees)
and the estimated cost of Old Dixie Highway widening is $10,944. The needed 1 st. Street
SW right-of-way is the only remaining parcel to be acquired to implement special
assessment paving as requested by a petition received from the property owners along
the road.
JULY 119 1995 30
ALTERNATIVES AND ANALYSIS
Since the value of the right-of-way is comparable to the cost of the widening
improvements, staff is of the opinion that an equitable agreement is presented. The
alternatives are as follows:
Alternative No. 1
Approve the agreement
Alternative No. 2
Deny approval and renegotiate.
RECOMMENDATIONS AND FUNDING
Staff recommends Alteimative No. 1.. Funding to be from a Special Assessment project to
be scheduled for a Public Hearing in the Fall, of 1995. Interim funding from Road and
Bridge Fund 111-214-541-066.12.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Agreement with Bobby J. Heirs and Pamela Heirs
Butz with interim funding from Road and Bridge Fund
111-214-541-066.12, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
26TH STREET (WALKER AVENUE) -PAVING AND DRAINAGE
CONSULTANT SELECTION
The Board reviewed a Memorandum of June 27, 1995:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: 26th Street (Walker Avenue) between 59th Avenue and 66th Avenue -
Selection of Civil Engineering Consultant
DATE: * June 27, 1995
DESCRIPTION AND CONDITIONS
On June 7, 1995, the Public Works Department received seven proposals from
Civil Engineering funis indicating an interest to perform land surveying, civil
engineering, and related services for road paving and drainage design to 26th
Bou5 PAu.675
JULY 119 1995 31
5000'.. J5 o;..u.676
Street between 58th Avenue and 66th Avenue. A selection committee was
established composed of the following persons:
Roger D. Cain, P.E., County Engineer
James W. Davis, P.E., Public Works Director
Terry B. Thompson, P.E.,Capital Projects Manager
ALTERNATIVES AND ANALYSIS
The Committee met on Friday, June 23, 1995, to evaluate the proposals using the
criteria established in the published notice to consultants. As a result of the
committee's deliberations, the following prioritized short list is recommended:
1) Carter and Assoc. Inc. - Vero Beach, FL
2) Kimley Horn and Assoc. Inc. - Vero Beach, FL
3) Masteller & Moler, Inc, - Sebastian, FL.
Inwood Consulting Engineers, Inc., Altamonte Springs, FL
Ecotech, Inc., Olviedo, FL
RECOMMENDATIONS AND FUNDING
Staff recommends approval of the above subject ranking and authorization for
staff to begin contract negotiations.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
staff's short list and authorized staff to begin
contract negotiations.
CR -510 AND SR -AIA INTERSECTION EMPROVEMENTS - CHANGE
ORDER NO. 1 - RANGER CONSTRUCTION
The Board reviewed a Memorandum of June 29, 1995:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E. j�
Capital Projects Managep "
SUBJECT: CR 510 and SR A1A Intersection Improvements
Change Order No. 1 and Final Payment
DATE: June 29, 1995
Construction of the intersection improvements at CR 510 and SR Al is complete
and final quantities have been computed. Attached is Change Order No. 1 and the
Final Application for Payment.
JULY 119 1995
32
77
Change Order No. 1 includes increases in the amount of $24,808.97 and deducts in
the amount of $32,306.10 that adjust contract quantities to the actual quantities of
work performed. The total net change in the contract price for this Change Order is a
decrease in the amount of ($7,497.13). This deducted from the current contract
amount of $782,471.25 results in a new contract amount of $774,974.12.
Staff recommends the following actions be taken:
1. Approve Change Order No. 1.
2. Release retainage in the amount of $77,497.41.
Funding is from Account 101-151-541-067.11.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the .Board unanimously approved
Change Order No. 1 and authorized release of
retainage in the amount of $77,497.41 to Ranger
Construction, as recommended by staff.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
AS -BUILT RESOLUTION - PAVING AND DRAINAGE IlVIPROVEMENTS
TO 33RD STREET (CHERRY LANE) BETWEEN 66TH AVENUE AND
58TH AVENUE
TO:
The Board reviewed a Memorandum of June 14, 1995:
James Chandler
County Administrator
THROUGH: James W. Davis, P.E. `
Public Works Director
and
Roger D. Cain, P.E/
County Engineer /
FROM:
Michelle A. Gentile,
Civil Engineer
DATE: June 14, 1995
SUBJECT: As -Built Resolution & Assessment Roll for Paving and Drainage
Improvements to:
1) 33rd Street (Cherry Lane) between 66th Avenue and 58th Avenue
DESCRIP'T'ION AND CONDITIONS
The paving of the above road has been completed. The final assessment is as follows:
Bou 95 um 677
JULY 119 1995 33
1) Preliminary Estimates
$201,533,37- 50%
$205,567.02- 50%
(273.03 Acres)
$752.91/per Acre
BOOK
Fin_
$197,459.58- 50%
$201,408.77- 50%**
(273.03 Acres)
$737.68/per Acre
* This figure includes 2.00148% Tax Collector's fee
**This figure includes 2% Tax Collector's fee
95 678
The final assessment roll has been prepared and is ready to be delivered to the Clerk to the
Board. Assessments are to be paid within 90 days or in 2 equal installments, the first to be
made twelve months from the due date and subsequent payments to be due yearly from the
due date . at an interest .rate of 8.5% established by the Board of County Commissioners.
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefitted owners is less than the preliminary assessment
roll, the only alternative presented is to approve the final assessment roll.
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built Resolution" for the
paving of the above mentioned road be approved by the Board of County Commissioners
and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book"
and for collection.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-82 certifying "As -Built" costs for
certain paving and drainage improvements to 33rd
Street (Cherry Lane) between 66th Avenue and 58th
Avenue, designated as Project No. 8843.
As -Built (Fourth Reso.)
RESOLUTION NO. 95-82
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS Td 33RD STREET (CHERRY LANE) BETWEEN
66TH AVENUE AND 58TH AVENUE, DESIGNATED AS PROJECT
NO. 8843, AND OTHER CONSTRUCTION NECESSITATED BY
SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION
DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND
INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
JULY 119 1995 34
described in this title, designated as Project No. 8843, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on February 1, 1994, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded .an opportunity to
appear before the. Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission- adopted Resolution No. 94-30, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$737.68 per acre, which is less than $752.91 per acre in the
confirmifig Resolution No. 94-30,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, -FLORIDA, that:
1. Resolution No. 94-30 is modified as follows: The
completion date for Project No. 8843 is declared to be May 10,
1995, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution.
2. Payments bearing interest at the rate of 8.5% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the
due
date
and the subsequent payments
to be
due yearly from the
due
date.
The due date is ninety (90)
days
after the passage of
this resolution.
3. The assessment roll for said project listed in
Resolution No. 94-30 shall be as set forth in attached Exhibit
"A" to this resolution.
JULY 119 35 1995 aooK 95 679
BOOK 95 �'v;`,,8
RESOLUTION 95-82
4. The assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in Exhibit "A", attached to
Resolution No.94-30 were recorded by the County on the public
records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by
Commissioner Adams and, upon being put
to a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice -Chairman Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
Commissioner Richard N. Bird
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 11 day of_
1995.
BOARD,OZNIR
OUNTY COMM IONERS
OF I/N,p ER COUNT!,,)FLORID
By��
EN ETH R. MACHT,
Attest: Chairman
'
EFFREY K. BARTON,
4lerk , , O��V.
Attachment: Exhibit "A"
33asblt.res
JULY 119 1995 36
M M
T HUNG OF UTILITY UNIPACT FEE PAYMENTS
The Board reviewed a Memorandum of June 22, 1995:
TO: Board of County Commissioners
FROM: William G. Collins II - Deputy County Attorney
DATE: June 22, 1995
SUBJECT: Professional Services Advisory Committee Recommendation
Re: Timing of Utility Impact Fee Payments
The Professional Services Advisory Committee has recommended that Section
201.09 . A regarding the time an impact fee is imposed should be revised.
The Committee felt that payment of utility impact fees should be consistent
with traffic impact fees, i.e., the developer should be able to elect to take a
risk that capacity will be available at a later date by not reserving capacity
prior to final development approvals.
Below is the suggested revision:
Section 201.09.Impact fees.
A. Impact fee imposed. An impact fee shall be imposed
on each ERU responsible for creating the need for
additional system expansion based on the equitable
portion of the cost of funding the 0*10400:4 expansion of
the county's sewer and water systems. The obligation to
pay the impact fee shall occur
t�YY��/ �#��� t / /�v�i��i/ XYi$ /¢$416#�f1.'�►/ i'� I t�������1 / i����i / #
when a building
permit U / 4004- application is filed. Any person may
elect to bre-nav the ,m„an* foo +,.
RECOMMENDATION:
Authorize advertisement for public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously
authorized the advertisement for public hearing, as
recommended by staff.
LAAC BOND
(Clerk's Note:
See Page 45.)
This item was considered later in the meeting.
BooK 95, FAcF:681
JULY 11, 1995 3 �
ao®, 95 ffi r. 682
DEPARTMENT OF ENVIRONMENTAL PROTECTION FEES
The Board reviewed a Memorandum of June 29, 1995:
DATE: June 29, 1995
TO: BOARD OF COUNTY COMMISSIONERS
JAMES E. CHANDLER, CADMINISTRATOR
FROM: TERRANCE a. PINTO
DIRECTOR OF UTIL FERVXCES
SUBJECT: DEPARTMENT OF ENWIRDNMENTAL PROTECTION FEES
Attached is a copy of an invoice from the DEP.
Please note, this is a new fee set by the Department. The back
side of the invoice provides the detailed information regarding
this fee..
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMEN T v(,J
Bureau of Finance and Accounting T���*1'��
P.O. Boz 3070 _ s vE
Tallahassee, FL 32315-3070 Wastewater Regulatory
nOR A and Surveillance Fee
CERTIFIED MAIL RETURN RECEIPT REQUESTED
TERRANCE G PINTO, DIRECTOR
INDIAN RIVER COUNTY UTELXI S DEPARTMENT
1840 25TH STREET
VERO BEACH; FL 32960
A unting In%rmation
Obi e: 002205
Ogrtedet 37350101000
soon OpUom C1
SA AS Code:
37 20-2-526001-373S0000-00-000200.00
INVOICE NO: 821
DATE: 23 -Jun -95
FACII.ITY ID FACILITY NAME FEE
FL0037940 IRCUD/SOUTH COUNTY REVERSE OSMOSIS W $4,600.00
FL0039233 IRCUD/NORTH BEACH REVERSE OSMOSIS WA $4,600.00
TOTAL AMOUNT DUE: $9,200.00
Utilities Director Terry Pinto reviewed the matter and advised
that no one has had an opportunity to have any input into what
these charges are going to be and staff does not know if this
invoice is for a 3 -month period or for a 1 -year period. There
will be a charge for each of the County's 5 water treatment plants.
Attorney Vitunac recommended the strategy should be on the
political front in conjunction with all other counties as to why
the State is doing this. However, filing an administrative appeal
will at least vest our rights and raise the issue.
CONSENSUS was reached that staff should file
an administrative appeal and contact FACo
regarding their position in this matter.
JULY 119 1995 38
ESCAMBIA COUNTY CORRESPONDENCE RE: DERIVATIVES
LITIGATION
The Board reviewed a letter of May 15, 1995:
• 'V ` W OF c..UUN i 1 :..V1�11�1IJJIV1rl.-1lJ
NASCAT ESCAMBIA COUNTY, FLORIDA
510 C Street, N.E.
Washington, DC 20002 1MI. % 223 PALAFOX PLACE
{i J P.O. BOX 1591
s> ENSACOLA. FLORIDA 32597.1591
D.stnel Tie
vnoR
Dot J. �utn
Dnsnel Tsuss
TOM 9ANJAWN
Doi"" Few
dOHNNv READM
Dist"Cl ins
Mr. Richard N. Bird
Board Of Commissioners
1840 25th Street, N-158
Vero Beach, FL 32960-3365
Dear Mr. Richard N. Bird:
TEL. (904) 436-5783
(SUNCOM) 582-5783
TELEFAX (904) 436-5802
May 15, 1995
Commissioners r
Administrator
Attorney, _ \
PersorinfS
Public lftt
Cc rill in 11�'
UINIUaz _
Rsincz
_OM+k /
Emer.. Sere
Risk Mgt. �-
Other
As chairman of a county commission concerned with public investment funds, I want to bring
to your attention a matter that I believe should be of significant concern to county officials across
the nation.
Right now. the U.S. Senate is considering legislation - S. 240 (the Dodd-Domenici bill) - that
would effectively prohibit investors who own stocks, bonds, or other securities from using the
federal court,. to recover their money if they are defrauded. If passed, this legislation would have
grave consequences should any of the investment or retirement funds your county oversees suffer
losses due to fraud in the future. The U.S. House of Representatives already has passed similar
harmful legislation (H.R. 1058).
You are nrnbabls familiar with the situation in Orange County, California, where a 51.7 billion
Joss in investments in derivative securities caused one of the wealthiest communities in the country
to go bankrupt in a matter of months. Orange County has sued Merrill Lynch for securities fraud, an
action that in all likelihood could not have proceeded had S. 240 been the -IOW- Unfortunately, Orange
County is not alone. Already. 40 communities and public institutions across the country have reported
derivatives losses totaling over 53 billion (see enclosed list). This is only one, although a critical,
reason m -h%- legislation like S. 240 is dangerous for the nation.
My own county of Escambia, in the Florida panhandle, recently suffered $25 million in losses
due to derl,%vtives. Believe me, I certainly want to maintain the ability to fully pursue securities
dealers. should we learn that they perpetrated a fraud on the taxpayers otEscambia.
Many important governmental, private, and public interest groups are opposed to legislation
that would make securities suits by defrauded investors difficult, if not impossible. These include:
the Securities and Exchange Commission; the North American Securities Administrators Association
(representing the 50 state securities regulators); the U.S. Conference of Mayors; the Government
Finance Officers Association: the Fraternal Order of Police; major labor groups (AFL-CIO,
Teamsters, AFSCME); every major consumer group in the country (Consumer Federation of
America, Consumers Union, Citizen Action, etc.); and many groups of senior citizens (AARP,
National Council of Senior Citizens, Gray Panthers). -
BOOK 95 P,, cF 6,83
JULY 119 1995 39
sooK 95
tt is urgent that comity officials act quickly to prevent tun very asumiul legislation is uw
becoming law. The Senate is poised to act - possibly as early as May. I have been alerted to this
issue by the National Association of Securities and Commercial Law Attorneys (NASCAT). Enclosed
are some materials they prepared.
1 strongly encourage you to immediately follow up with NASCAT. The perspective of county
officials is critically needed on Capitol Hill and our input could be very influential.I've enclosed
NASCAT's response form, which includes their 800 number (1-800-757-8851) and suggestions for
further action. The most critical need is for you to write or, even better, visit your U.S. Senators and
ask them to oppose S. 240.
1 also encourage you to have your county commission adopt a resolution in opposition to S.
240. I have enclosed Escambia County's resolution, which you may fmd a useful model.
Thank you for your prompt attention to this matter.
fSincerely,
Willie J. Junior
Chairman
Escambia County Commission
Chairman Macht stated that the County wants to maintain its
ability to seek relief in the federal courts.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously directed
County Attorney Vitunac to prepare a Resolution
regarding this matter and bring to the next
regularly scheduled meeting.
LAW LIBRARY - COURT FILING FEES INCREASED
The Board reviewed a Memorandum of July 5, 1995:
TO: Board of County Commissioners DATE: July 5, 1995
FROM: Carolyn K. Eggert
County Commissioner
SUBJECT: Law Library
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
At the June 22 meeting of the Indian River County Law Library
Advisory Committee, the reduction of revenue from circuit and
county court filings (fewer filed!) and the increased need of
current issues -of legal publications for the use of the public was
JULY 119 1995 40
discussed. Judge Smith pointed out that members of the public are
put at a disadvantage in court if they don't have access to current
pleadings, facts and forms. To provide -these legal publications,
about $14,000 is needed in addition to our current budget.
Our current statutes allow filing fees for county cases to be $6.00
and for circuit cases, $20.00. We are charging $4.00 and $14.00
respectively.
Please pass the resolution to increase county cases from $4.00 to
$6.00 and circuit cases from $14.00 to $20.00.
The Indian River County Law Library Advisory Committee (Board of
Trustees) would like to go to the Legislative Delegation for an
amendment to our local bill to allow a higher fee for county court
filings over $25.00. (See Law Library fee comparison'by counties
attached.)
Commissioner Eggert advised that, at a meeting of the Law
Library Advisory Committee, several judges expressed concern that
citizens coming into court are unable to get final pleadings, facts
and forms needed from the law library because of cut backs.
$14,000 is needed to update the library and the funds can be
financed by raising fees within the framework allowed.
Commissioner Bird wanted to be sure that the library is mainly
used by the general public, and Commissioner Eggert assured him
that it was.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-84 increasing filing fees for county
court cases from $4 to $6 and for circuit court
cases from $14 to $20.
RESOLUTION NO. 95- 84
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE ASSESSMENT OF
ADDITIONAL COURT COSTS FOR THE LAW
LIBRARY.
WHEREAS, the Florida legislature provided funding for the
Indian River County Law Library by Special Act, Chapter 57-1410;
and
WHEREAS, the funding mechanism is through the assessment of
additional court costs; and
JULY 119 41 1995 BOOK 95 PAGu.68
Boas 9
WHEREAS, the current amended Special Act ( Chapter 89-401)
allows additional costs of up to $20 for Circuit Court and $6 for
County Court; and
WHEREAS, the current assessment is $14 for Circuit Court and
$4 for County Court; and
WHEREAS, the current funding is not sufficient to adequately
maintain the law library; and
WHEREAS, the Special Acts governing Indian River -County Law
Library allow the Board of County Commissioners by resolution to
increase the assessment up to the amount provided in the Special
Acts,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
that:
1. There shall be taxed and collected by the clerk of the
circuit court of Indian River County, Florida, the sum of twenty
dollars ($20.00) as costs in each civil case at law or in equity and in
probate and guardianship cases commenced in the circuit court in and
for Indian River County, Florida, and there shall be taxed and
collected by the clerk of the county court of Indian River County,
Florida, the sum of six dollars ($6.00) as costs in each civil case and
in probate and guardianship cases commenced in the county court in
and for Indian River County, Florida, in addition to the costs
otherwise provided by law, the whole of which sum shall be set apart
by said clerk to be used exclusively for the purchase and
maintenance of the Indian River County Law Library.
2. The provisions of this resolution shall become effective July
15, 1995.
The resolution was moved to adoption by Commissioner
Eggert and the motion was seconded by Commissioner
JULY 119 1995 42
M M
Adams
follows:
RESOLUTION 95-84
, and, upon being put to a vote, the vote was as
Chairman Kenneth R. Macht A y e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 1 1 day of J u l y 1995.
Attest:
rey K. Bs tan, Clerk
NET FISHING MEETING
BOARD OP -)COUNTY COD
IND=/A,-
NTY;
By
Kenneth RMac
Chairman
SIONERS
The Board reviewed a proposed publication notice:
NET FISHING MEETING
The public is invited to attend a meeting of
the Local Fishing Community Revitalization Team
MONDAY, JULY 17, 1995
9:00 A.M.
FIRST FLOOR*CONFERENCE ROOM
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
to help in the preparation of a revitalization
guide and discuss resources and economic
solutions for those who have been hurt by the
net .,fishing ban.
Anyone who needs a special accommodation for
this meeting may contact the County's Americans
with Disabilities Act Coordinator at 567-8000,
ext.. 223 at least 48 hours in advance of the
meeting.
JULY 119 1995
43
Boor 95 r,,{ � 687
Boa 95 F�` x.68
Commissioner Eggert announced that the Local Fishing Community
Revitalization Team will meet on Monday, July 17, 1995, at 9:00
a.m. in the first floor conference room at the Administration
Building regarding the net fishing ban. The public is invited and
permission is requested to publish a display ad in the Press -
Journal and in the Sebastian Sun. She expects some exciting
information regarding aqua -culture at this meeting.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
a display ad to be published in the Press -Journal
and the Sebastian Sun regarding the Net Fishing
Meeting to be held Monday, July 17, 1995, at 9:00
A.M. in the first floor conference room.
SOLID WASTE DISPOSAL DISTRICT
The Board adjourned at 10:13 a.m. and immediately reconvened
as the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
The Board reconvened at 10:14 a.m. and the Chairman announced
that the meeting would recess until 1:00 p.m.
The Board then reconvened at 1:00 p.m.
UPPER ST. JOHNS RECREATION ADVISORY COUNCIL
Commissioner Bird asked the Board to approve William Myers as
an alternate on the Upper St. Johns Recreation Advisory Council.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
William Myers as an alternate for Commissioner Bird
on the Upper St. Johns Recreation Advisory Council.
JULY 119 1.995 44
LAAO BOND
The Board reviewed a Memorandum of July 10, 1995:
TO: Board f z
commissioners
FROM: Charles P. V u aC
it n , County Attorney
DATE: July 10, 1995
RE: LAAO Bond Resolution
Attached is a draft of the resolution which is expected to be used after
the 11:00 a.m., July 11, 1995, sale of the LAAC bonds.
Once the bids are tabulated and compared by Joe Baird and our Financial
Advisor, the best bid will be chosen and the blanks filled in on the
resolution. Since this takes a certain amount of time, we respectfully
request that the ratification of the'bond sale occur at the beginning of
the Budget Hearings at 1:00 p.m.
Requested Action: Staff recommends approval of the resolution and
authorization for the Chairman and Clerk to sign.
Director -Baird reported that out of 7 bidders on- the
$1:5,000,000 bond issue, the apparent low bidder is Smith -Barney at
a true interest cost of 5.0240912%. The bids ranged from that to
5.1718 so staff feels very fortunate to get that interest rate.
Director Baird read the heading of the Resolution aloud: "Awarding
the sale of $15,000,000 general obligation bonds of Indian River
County, Florida; ratifying previous actions taken by the Director
of Management and Budget in connection therewith; approving the
maturities and other terms of such bonds; authorizing the purchase
of municipal bond insurance; supplementing Resolution No. 95-63 to
provide additional covenants relating to municipal bond insurance
applicable to the bonds; amending certain covenants to provide
continuing disclosure contained in Resolution No. 95-75; providing
certain other matters in connection therewith; and providing an
effective date".
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 95-83 awarding the sale of $15,000,000
general obligation bonds of Indian River County,
Florida.
JULY 119 1995
45
BOOK 95 ptv 6S
aooK 95 F'".169®
RESOLUTION NO..95- 83
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AWARDING THE
SALE OF $15,000,000 GENERAL OBLIGATION BONDS OF INDIAN
RIVER COUNTY, FLORIDA; RATIFYING PREVIOUS ACTIONS TAKEN
BY THE DIRECTOR OF MANAGEMENT AND BUDGET IN CONNECTION
THEREWITH; APPROVING THE MATURITIES AND OTHER TERMS OF
SUCH BONDS; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND
INSURANCE; SUPPLEMENTING RESOLUTION NO. 95-63 TO PROVIDE
ADDITIONAL COVENANTS RELATING TO MUNICIPAL BOND INSURANCE
APPLICABLE TO THE BONDS; AMENDING CERTAIN COVENANTS TO
PROVIDE CONTINUING DISCLOSURE CONTAINED IN RESOLUTION NO.
95-75; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 16, 1995, the Board of County Commissioners of
Indian River County, Florida (the "Issuer") adopted Resolution No.
95-63 (the "Resolution") to provide for the -issuance of not to
exceed $26,000,000 General Obligation Bonds of Indian River County,
Florida payable from ad valorem taxes levied by the Issuer; and
WHEREAS, pursuant to Resolution No. 95-75, the Issuer provided
for the public sale of $15,000,000 of such General Obligation Bonds
(the "Bonds") pursuant to an Official Notice of Bond.Sale; and
WHEREAS, Resolution No. 95-75 delegated certain responsibili-
ties in connection with the award and issuance of such Bonds to the
Director of Management and Budget, and the Issuer wishes to ratify
the actions taken; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD, OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION 1. In accordance with the provisions of Resolution
No. 95-75, the Issuer published a Summary Notice of Sale in The
Bond Buyer and distributed an Official Notice of Bond Sale calling
for bids to be received by 11:00 a.m., E.D.T. on July 11, 1995.
Such action is hereby ratified and confirmed.
SECTION 2. In accordance with the provisions of Resolution
95-75 the Director of Management and Budget accepted the bids
submitted pursuant to the Official Notice of Bond Sale, and at the
hour stated in said Official Notice of Bond Sale, bidding was
closed and the bids attached as Exhibit A to this Resolution were
found to have *been 'filed and to comply in- all respects with the
terms of the said Notice of Bond Sale. The Official Notice of Bond
Sale set forth the maturities, subject to adjustment as provided
therein, and redemption provisions for the Bonds, and such
maturities, as may have been adjusted, and redemption provisions,
are hereby ratified and approved.
SECTION 3. The bid offering to purchase said Bonds at the
lowest true interest cost in accordance with the Notice of Bond
.Sale was the bid of (the "Purchaser")
offering to purchase the Bonds for $ , plus accrued
interest. The bid of the Purchaser is hereby accepted and
$15,000,000 Indian River County, Florida, General Obligation Bonds,
Series 1995 are hereby awarded to the Purchaser at the price
offered for the Bonds, bearing interest at the rates set forth in
the bid attached hereto as part of Exhibit A.
JULY 119 1995 46
RESOLUTION 95-83
SECTION 4. In accordance with the provisions of Resolution
No. 95-75, the County Administrator and the County Attorney deemed
the Preliminary Official Statement final as of June 28, 1995. Such
action is hereby ratified and confirmed. The Preliminary Official
Statement attached -to Resolution No. 95-75 as Exhibit F is hereby
ratified and approved. The Chairman of the Board of County
Commissioners and the Director of Management and Budget are
authorized and directed to execute and deliver an Official
Statement in substantially the form of such Preliminary Official
Statement, with such changes, insertions and omissions as shall be
approved by the Chairman of the Board of County Commissioners and
the Director of Management and Budget.
SECTION 5. Pursuant to Section 13*of Resolution No. 95-75,
AMBAC Indemnity Corporation (the _"AMBAC Indemnity") has been
selected as the bond insurer, and, pursuant to the Purchaser's bid,
the Purchaser has elected to insure the Bonds. Selection of the
AMBAC Indemnity is hereby ratified and confirmed and payment for
such insurance is hereby authorized from proceeds of the Bonds in
accordance with the Commitment for Municipal Bond Insurance from
AMBAC Indemnity attached hereto as Exhibit B, and the terms,
conditions and agreements relating to the Issuer set forth in such
Commitment for Municipal Bond Insurance are hereby accepted and
incorporated herein. A statement of insurance is hereby authorized
to be printed on or attached to the Bonds for the benefit and
information of the holders of the Bonds.
SECTION 6. In addition to the .covenants and agreements of the
Issuer previously contained in the Resolution regarding the rights
of AMBAC Indemnity which are hereby incorporated herein, the Issuer
hereby makes the following additional covenants and agreements for
the benefit of AMBAC Indemnity and the Holders of the Bonds while
the Bond Insurance Policy insuring the Bonds is in full force and
effect:
(A) Definitions.
"AMBAC Indemnity" shall mean AMBAC Indemnity Corporation,
a Wisconsin -domiciled stock insurance company.
"Authorized Investments" shall mean for all purposes,
including defeasance investments in escrow accounts:
(1) Cash (insured at all times by the Federal Deposit
Insurance Corporation or otherwise collateralized with
obligations described in paragraph (2) below), or
(2) Direct obligations of (including obligations issued or
held in book entry form on the books of) the Department
of the Treasury of the United States of America.
"Authorized Investments" shall mean for all purposes
other than defeasance investments in refunding escrow
accounts:
(1) obligations of any of the following federal agencies
which obligations represent the full faith and credit of
the United States of America, including: Export -Import
Bank; Farm Credit System Financial Assistance
Corporation; Farmers Home Administration; General
Services Administration; U.S. Maritime Administration;
Small Business Administration; Government National
Mortgage Association (GNMA); U.S. Department of Housing
& Urban Development (FHA's); and Federal Housing
Administration;
JULY 119 1995
47
Boa 95 v,vJ 691
F1r__ -7
moK 95 u u 692
RESOLUTION 95-83
(2) senior debt obligations rated "AAA" by Standard & Poor's
Corporation (S&P) and "Aaan by MoodyyIs Investors Service,
Inc. (Moody Is) issued by the Federal National Mortgage
Association or the Federal Home Loan Mortgage
Corporation. Senior debt obligations of other Government
Sponsored Agencies approved by AMBAC Indemnity;
(3) U.S. dollar denominated deposit accounts, federal funds
and banker's acceptances with domestic commercial banks
which have a rating on their short term certificates of
deposit on the date of purchase of "A-1" or "A-1+" by S&P
and "P-1" by Moody's and maturing not more than 360 days
after the date of purchase. (Ratings on holding
companies are not considered as the rating of the bank);
(4) commercial paper which is rated at the time of purchase
in the single highest classification, "A-1+" by S&P and
"P-1" by Moody's and which matures not more than 270 days
after the date of purchase;.
(5) investments in a money market fund rated "AAAm" or "AAAm-
G" or better by S&P;
(6) Pre -refunded Municipal Obligations defined as follows:
Any bonds or other obligations of any state of the United
States of America or of any agency, instrumentality or
local governmental unit of any such state which are not
callable at the option of the obligor prior to maturity
or as to which irrevocable instructions have been given
by the obligor to call on the date specified in the
notice; and
(A) which are rated, based on an irrevocable escrow
account or fund (the "escrow"), in the highest rating
category of S&P and Moody Is or any successors thereto; or
(B)(i) which are fully secured as to principal and
interest and redemption premium, if any, by an escrow
consisting only of cash or obligations described in
paragraph A(2) above, which escrow may be applied only to
the payment of such principal of and interest and
redemption premium, if any, on such bonds or other
obligations on the maturity date or dates thereof or the
specified redemption date or dates pursuant to such
irrevocable instructions, as appropriate, and (ii) which
escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to
pay principal of and interest and redemption premium, if
any, on the bonds or other obligations described in this
paragraph on the maturity date or dates specified in the
irrevocable instructions referred to above, as
appropriate.
(7) investment agreements approved in- writing by AMBAC
Indemnity Corporation (supported by appropriate opinions
of counsel) with notice to S&P;
(8) the Local Government Surplus Trust Fund, pursuant to
Chapter 218, Part IV, Florida Statutes; and
(9) other forms of investments (including repurchase
agreements) approved in writing by AMBAC with notice to
S&P.
JULY 119 1995
48
RESOLUTION 95-83
The value of the above investments shall be determined as
follows:
"Value", which shall be determined as of the end of each
month, means that the value of any investments shall be
calculated as follows:
(1) as to investments the bid and asked prices of which
are published on a regular basis in The Wall Street
Journal (or, if. not there, then in The New York
Times): the average of the bid and asked prices for
such investments so published on or most recently
prior to ,such time of determination;
(2) as to.investments the bid and asked prices of which
are not published on a regular basis in The Wall
Street Journal or The New York Times: the average
bid price at such time of determination for such
investments by any two nationally recognized
government securities dealers (selected by the
Paying Agent in its absolute discretion) at the
time making a market in such investments or the bid
price published by a nationally recognized pricing
service;
(3) as to certificates of deposit and bankers,
acceptances: the face amount thereof, plus accrued
Interest; and
(4) as to any investment not specified above: the value
thereof established by prior agreement between the
Issuer., the Paying Agent and AMBAC Indemnity
Corporation.
"Municipal Bond Insurance Policy" shall mean the
municipal bond insurance policy issued by AMBAC Indemnity
insuring the payment when due of the principal of and interest
on the Bonds as provided therein.
(B) Consent of AMBAC Indemnity.
Any provision herein or _of the Resolution expressly
recognizing or granting rights in or to AMBAC Indemnity may
not be amended in any manner which affects the rights of AMBAC
Indemnity hereunder or thereunder without the prior written
consent of AMBAC Indemnity.
Unless otherwise provided in this Section, AMBAC
Indemnity's• consent shall be required in addition to
Bondholder consent, when required, for the following purposes:
(i) execution and delivery of any supplemental resolution;
(ii) removal of the Paying Agent and selection and appointment
of any successor Paying Agent; and (iii) -initiation or
approval of any action not described in (i) or (ii) above
which requires Bondholder consent.
Any reorganization or liquidation plan with respect to
the Issuer must be acceptable to AMBAC Indemnity. In the
event of any reorganization or liquidation, AMBAC Indemnity
shall have the right to vote on behalf of all bondholders who
hold AMBAC Indemnity -insured bonds absent a default by AMBAC
Indemnity under the applicable Municipal Bond Insurance Policy
insuring such Bonds.
eooK 95 F-nj
JULY 119 1995 49 F69
95 634
RESOLUTION 95-83
Anything in herein or in the Resolution to the contrary
notwithstanding, upon the occurrence and continuance of an
event of default as defined therein, AMBAC Indemnity shall be
entitled to control and direct the enforcement of all rights
and remedies granted to the Bondholders under the Resolution.
(C) Notices To Be Given To AMBAC Indemnit
While the Municipal Bond Insurance Policy is in effect,
the Issuer shall furnish to AMBAC Indemnity:
(i) as soon as practicable after the filing thereof, a
copy of any financial statement of the Issuer and a copy of
any audit and annual report of the Issuer;
(ii) a copy of any notice to be given to the registered
owners of the Bonds, including, without limitation, notice of
any redemption of or defeasance of Bonds, and any certificate
rendered pursuant hereto or to the Resolution relating to the
security for the Bonds; and
(iii) such additional information it may reasonably
request.
The Issuer shall notify AMBAC Indemnity of any failure of
the Issuer to provide relevant notices, certificates, etc.
The Issuer will permit AMBAC Indemnity to discuss the
affairs, finances and accounts of the Issuer or any
information AMBAC Indemnity may reasonably request regarding
the security for the Bonds with -appropriate officers of the
Issuer. The Issuer will permit'AMBAC Indemnity to have access
to the Project and have access to and to make copies of all
books and records relating to the Bonds at any reasonable
time.
AMBAC Indemnity shall have the right to direct an
accounting at the Issuer's expense and the Issuer's failure to
comply with such direction within thirty (30)= days after
receipt of written notice of the direction from AMBAC
Indemnity shall be deemed a default hereunder and under the
Resolution; provided, however, that if compliance cannot occur
within such period, then such period will be extended so long
as compliance is begun within such period and diligently
pursued, but only if such extension would not materially
adversely affect the interests of any registered owner of the
Bonds.
Notwithstanding any other provision hereof or of the
Resolution, the Issuer shall immediately notify AMBAC
Indemnity if at any time there are insufficient moneys to make
any payments of principal and/or interest as required and
immediately upon the occurrence o€- any event of default
hereunder.
(D) Payment Procedure Pursuant to Municipal Bond
Insurance Policy.
As long as the Municipal Bond Insurance Policy shall be
in full force and effect, the Issuer and Paying Agent agree to
comply with the following provisions:
JULY 119 1995
50
RESOLUTION 95-83
(a) At least one (1) day prior to all Interest Payment
Dates the Paying Agent will determine whether there will be
sufficient funds in the funds and accounts to pay the
principal of or interest on the Bonds on such Interest Payment
Date. If the Paying Agent determines that there will be
insufficient funds in such funds or accounts, the Paying Agent
shall so notify AMBAC Indemnity. such notice shall specify
the amount of -the anticipated deficiency, the Bonds to which
such deficiency is applicable and whether such Bonds will be
deficient as to principal or interest, or, both. If the Paying
Agent has not so notified AMBAC Indemnity. at least one -(1) day
prior to an Interest Payment Date, AMBAC Indemnity will make
payments of principal or inte;Ot. due -on the Bonds on or
before the first (1st) day:- next 'following the date on which
AMBAC Indemnity shall have. -received notice of nonpayment from
the Paying Agent.
(b) The Paying Agent shall., -after giving notice to AMBAC
Indemnity as provided in (a) above, make available to AMBAC
Indemnity and, at AMBAC Indemnity's direction, to the United
States Trust Company of New York, as insurance trustee for
AMBAC Indemnity or any successor insurance trustee (the
"Insurance Trustee"), the registration books *of the Issuer
maintained by the Paying Agent and all records relating to the
funds and accounts maintained under the Resolution.
(c) The Paying Agent shall provide AMBAC Indemnity and
the Insurance Trustee with a list of registered owners of
Bonds entitled to receive principal or interest payments from
AMBAC Indemnity under the terms of the Municipal Bond
Insurance Policy, and shall. make arrangements with the
Insurance Trustee (i) to mail checks or drafts to the
registered owners of Bonds entitled to receive full or partial
interest payments from AMBAC Indemnity and (ii) to pay
principal upon Bonds surrendered.to the Insurance Trustee by
the registered owners of Bonds entitled to receive full or
partial -principal payments from AMBAC Indemnity.
(d) The Paying Agent shall, at the time it provides
notice to 'AMBAC Indemnity pursuant- to (a) above, notify
registered owners of Bonds entitled to receive the payment of
principal or interest thereon from AMBAC Indemnity (i) as to -
the fact of such entitlement, (ii) that AMBAC Indemnity will
remit to them all or a part of the interest payments next
coming due upon proof of Bondholder entitlement to interest
payments and delivery to the Insurance Trustee, in form
satisfactory to the Insurance Trustee, of an appropriate
assignment of the registered owners right to payment, (iii)
that should they be entitled to receive full payment of
principal from AMBAC Indemnity, they must surrender their
Bonds (along with an appropriate instrument of assignment in
form satisfactory to the Insurance Trustee to permit ownership
of such Bonds to be registered in the name of AMBAC Indemnity)
for payment to the Insurance Trustee, and not the Paying
Agent, and (iv) that should they be entitled to receive
partial payment of principal from AMBAC Indemnity, they must
surrender their Bonds for payment thereon first to the Paying
Agent, who shall note on such Bonds the portion of the
principal paid by the Paying Agent, and then, along with an
appropriate instrument of assignment in form satisfactory to
the Insurance Trustee to the Insurance Trustee, which will
then pay the unpaid portion of the principal.
JULY 119 199551 boaK 95 F-b;,F 690
PF1
B0m 95 F 1,,_F 696
RESOLUTION 95-83
(e) In the event that the Paying Agent has notice that
any payment of principal of or interest'on a Bond which has
become Due for Payment and which is made to a Bondholder by or
on behalf of the Issuer has been deemed a preferential
transfer and theretofore recovered from its registered owner
pursuant to the United States Bankruptcy Code by a trustee in
bankruptcy in accordance with the final, nonappealable order
of a court having competent jurisdiction, the Paying Agent
shall, at the time AMBAC Indemnity is notified pursuant to (a)
above, notify all registered owners that in the event that any
registered owner's payment is not recovered such registered
owner will be entitled to payment from AMBAC Indemnity to the
extent of such recovery if sufficient funds are not otherwise
available, and the Paying Agent shall furnish to AMBAC
Indemnity its records evidencing the payment of principal of
and interest on the Bonds which have been made by the Paying
Agent and subsequently recovered from registered owners and
the dates on which such payments were made.
(f) In addition to those -rights granted AMBAC Indemnity
under the Resolution, AMBAC Indemnity shall, to the extent it
makes payment of principal of. or interest on Bonds, become
subrogated to the rights of the recipients of such payments in
accordance with the terms of the Municipal Bond Insurance
Policy, and to evidence such subrogation (i) in the case of
subrogation as to claims for past due interest, the Paying
Agent shall note AMBAC Indemnity's rights as subrogee on the
registration books of the Issuer maintained by the Paying
Agent upon receipt from AMBAC Indemnity of proof of the
payment of interest thereon to the registered owners of the
Bonds, and (ii) in the case of subrogation as to claims for
past due principal, the Paying Agent shall note AMBAC
Indemnity's rights as subrogee on the registration books of
the Issuer maintained by the Paying Agent upon surrender of
the Bonds by the registered owners thereof, together with
proof of the payment of principal thereof.
(E) Paving Agent -Related Provisions.
The Paying Agent may be removed at any time, at the
request of AMBAC Indemnity, for any breach of the trust set
forth herein or in the Resolution. AMBAC Indemnity shall
receive prior written notice of any resignation of the Paying
Agent. Any successor Paying Agent shall not be appointed
unless AMBAC approves such successor in writing.
-Notwithstanding any other provision hereof or of the
Resolution, in determining whether the rights of the
Bondholders will be adversely affected by any action taken
pursuant to the terms and provisions hereof or of the
Resolution, the Paying Agent shall consider the effect on the
Bondholders as if there were no Municipal Bond Insurance
Policy.
Notwithstanding any other provision hereof or of the
Resolution, no removal, resignation or termination of the
Paying Agent shall take effect until a successor, acceptable
to AMBAC Indemnity, shall be appointed.
(F) Third -Party Beneficiary. To the extent that this
resolution or the Resolution confers upon or gives or grants
to AMBAC Indemnity any right, remedy or claim under or by
reason hereof or of the Resolution, AMBAC Indemnity is hereby
explicitly recognized as being a third -party beneficiary
hereunder or thereunder and may enforce any such right, remedy
or claim conferred, given or granted hereunder or thereunder.
JULY 119 1995 52
RESOLUTION 95-83
(G) Parties Interested Herein. Nothing in the
Resolution expressed or implied is intended or shall be
construed to confer upon, or to give or grant -to, any person
or entity, other than the Issuer,'AMBAC Indemnity, the Paying
Agent and the registered owners of the Bonds, any right,
remedy or claim under or by reason hereof or of the Resolution
or any covenant, condition or stipulation hereof or thereof,
and all covenants, stipulations, promises and agreements
herein and in the Resolution contained by and on behalf of the
Issuer shall be for the sole and exclusive benefit of the
Issuer, AMBAC Indemnity, the Paying Agent and the .registered
owners of the Bonds.
(H) "Defeasance. Notwithstanding anything herein or in
the Resolution to the contrary, in the event that the
principal and/or interest due on the Bonds shall be paid by
AMBAC Indemnity Corporation pursuant to the Municipal Bond
Insurance Policy, the Bonds shall remain Outstanding for all
purposes, not be defeased or otherwise satisfied and not be
considered paid by the Issuer, and the assignment and pledge
hereunder and all covenants, agreements and other obligations
of the Issuer to the registered owners shall continue to exist
and shall run to the benefit of AMBAC Indemnity, and AMBAC
Indemnity shall be subrogated to the rights of such registered
owners.
SECTION 7. In order to revise certain covenants made by the
Issuer in connection with its responsibility to provide continuing
disclosure pursuant to Rule 15c2-12 promulgated by the Securities
and Exchange Commission, Section 11 of Resolution No. 95-75 is
hereby amended in its entirety to read as follows:
A. The Issuer hereby agrees, in accordance with the
provisions of Rule 15c2-12 (the "Rule"), promulgated by the
Securities and Exchange Commission (the "Commission") pursuant to
the Securities Exchange Act of 1934, to provide or cause to be
provided, to each nationally recognized municipal securities
information repository ("NRMSIR") designated by the Commission in
accordance with the Rule, and to the appropriate state information
depository ("SID"), if any, designated by the State of Florida, the
following annual financial information and operating data (the
"Annual Information"), commencing with the fiscal year ending
September 30, 1996:
1. The. assessed value of taxable property within the County,
Issuer tax levies and collections, including property tax rates for
the Issuer and all overlapping taxing entities, and computation of
direct and overlapping debt; all generally consistent with such
information as it is included in the final official Statement for
the Bonds.
2. The audited general purpose financial statements of the
Issuer utilizing generally accepted accounting principles
applicable to governmental units, as described in the Official
Statement, except as may be modified from time to time and
described in such financial statements.
JULY 119 1995
53
Boa 95 r-v"F 697
Bm 95
RESOLUTION 95-83
The information in paragraph 1 above will be available on or
before June 1 of each year for the preceding fiscal year and will
be made available, in addition to the NRMSIR's and the SID, to each
holder of Bonds who requests such information. Audited financial
statements of the Issuer may be available separately from the
information in paragraph 1 above, and will be provided as soon as
practical after acceptance of such statements from the auditors by
the Issuer. The audited financial statements are generally
available within 6 months of the end of the fiscal year. If the
audited financial statements are not available by June 1, the
Issuer will provide unaudited general purpose financial statements•
at the time the information in paragraph 1 is distributed.
B. The Issuer agrees to provide or cause to be provided, in
a timely manner, to each NRMSIR or to the Municipal Securities
_Rulemaking Board ("MSRB"), and the SID, notice of the occurrence of
any of the following events with respect to the Bonds, if material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves
reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting
financial difficulties;
(5) substitution of credit or liquidity providers, or
their failure to perform;
(6) adverse tax opinions or events affecting the tax-
exempt status of the security; -
(7) modifications to rights of security holders;
(8) bond calls;
(9) defeasance; r
(10) release, substitution, or sale of property securing
repayment of the securities; and
(11) rating changes
C. The Issuer agrees to provide or cause to be provided, in
a timely manner, to (i) each NRMS IR or to the MSRB and (ii) the
SID, notice of its failure to provide the Annual Information with
respect to itself on or prior to the date set forth in paragraph A
above.
D. The obligations of the Issuer hereunder shall remain in
effect only so long as the Bonds .are outstanding. The Issuer
reserves the right to terminate its obligation to provide the
Annual Information and notices of material events, as set forth
above, if and when the Issuer no longer remains an obligated person
with respect to the Bonds, within the meaning of the Rule.
JULY 119 1995
54
RESOLUTION 95-83
E. The Issuer agrees that its undertaking pursuant to the
Rule set forth in this Section is intended to be for the benefit of
the owners of the Bonds, and shall be enforceable by such owners;
provided, that solely in the event the Issuer fails to timely file.
the Annual Information in accordance with paragraph A above, any
owner of the Bonds shall have the right to enforce, on behalf of
all owners of the Bonds, the Issuer's undertaking to make such
filing on a timely basis; provided, the right of any such owner
enforce the provisions of this undertaking shall be limited to
right to obtain specific enforcement of the Issuer's obligation,
hereunder, and any failure by the Issuer to comply with the
provisions of this undertaking shall not be default or an event of
default with respect to the Bonds.
F. Notwithstanding the foregoing, the NRMSIR's to which
information shall be provided shall include those NRMSIR's which
have been approved by the SEC prior to the date of issuance of the
Bonds. In the event the SEC approves any additional NRMSIR's after
the date of issuance of the Bonds, the Issuer shall, if the Issuer
is notified of such additional NRMSIR's, provide such information
to the additional NRMSIR's. Failure to provide information to any
new NRMSIR whose status as a NRMSIR is unknown to the Issuer shall
not constitute a breach of the foregoing covenant.
G. .Additionally, the requirements of paragraph A above do
not necessitate the preparation of any separate annual report
addressing only the Bonds. These requirements may be met by the
filing of a combined bond report or the Issuer's Comprehensive
Annual Financial Report; provided, such report includes all of the
required information and is available by June 1. Additionally, the
Issuer may incorporate any information provided in any prior filing
with each NRNSIR or included in any final official statement of the
Issuer; provided, such final official statement is filed with the
MSRB.
H. The Issuer reserves the right to modify from time to time
the specific types of information provided or the format of the
presentation of such information, to the extent necessary or
appropriate in the judgment of the Issuer; provided, the Issuer
agrees that any such modification will be done in a manner
consistent with the Rule.
SECTION S. The Chairman of the Board of County -Commissioners,
the Director of Management and Budget, the County Administrator and
the County Attorney or any other appropriate officers of the Issuer
are hereby authorized and directed to execute any and all
certifications or other instruments, or documents required by the
Resolution, Resolution No. 95-75, the Official Notice of Bond Sale
or any other document referred to above as a prerequisite or
precondition to the issuance of the Bonds and any representation
made therein shall be deemed to be made on behalf of the Issuer.
BOCK 95 F -AGF 69
JULY 11, 1995 5 5
r
Rl)ci95 ,.:F 700
RESOLUTION 95-83
SECTION 9. This resolution shall take effect immediately upon
its adoption.
PASSED AND ADOPTED the " day of July , 1995.
BOARDF COUNTY COMMISSIONERS
INDIAIRIVER COUNW, FLORIDA
ftKenneth R. Mac
(SEAL) /
ATTEST:
Coupty Clerk n APPROVED AS TO FORM
,.ee�-x,. 1,4g" . z" , v n CAS
A LEGAL SUFFi�.,;_,�WY:
Charles P. Vitunac
,County Attorney
TULY BUDGET WORKSHOP
Chairman Macht announced that immediately upon adjournment,
the Board will sit in Special Session to consider the 1995-96
proposed budget.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 1:05 p.m.
ATTEST:
J. rton, Clerk
Minutes Approved: d—Is " 9�-
zd�
Kenneth R. acht, Chairm n
JULY 11, 1995 56
W