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HomeMy WebLinkAbout8/1/1995= MINUTES "VTACHED M BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY. FLORIDA A G E N D A TUESDAY, AUGUST 1, 1995 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNIY COMMISSIONERS Kenneth R. Macht, Chairman (District 3) Fran B. Adams, Vice Chairman (District 1) Richard N. Bird (District 5) Carolyn K. Eggert (District 2) John W. Tippin (District 4) 9:00 a.m. 1. CALL TO ORDER 2. INVOCATION None James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS to_the_AGENDAIEMERGENCY ITEMS 1. Hurricane Emergency. 2. willow Street Public Hearing change of date. 5. PROCLAMATION and PRESENTATIONS Proclamation Presented in Recognition of National Clown Week 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Award Bid #50861 Bunker Rake for Sandridge Golf Course (memorandum dated July 20, 1995) B. Request for Board Approval of State Multi -Party Acquisition Agreement Regarding the Cairns/Irwin Tract and Spallone - Archie Carr Refuge LAAC Sites (memorandum dated July 25, 1995) C. County Tax Deed Applications (memorandum dated July 20, 1995) 7. CONSENT AGENDA (contd.): D. Cancellation of Outstanding Taxes - Property Purchased for County Use (memorandum"dated July 21, 1995) 8. CONSTITUTIONAL OFFICERS and GOy_ERNMEXTAL AGENCLES JeffBarton,_Clerk.of-Court: Investment Advisory Committee Meeting (memorandum dated July 24, 1995) A. PUBLIC BEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELAT- ING TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR UTILITY LIENS, AND DETERMINING PARTY RESPON- SIBLE FOR UTILITY PAYMENTS 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.09 OF THE INDIAN RIVER COUNTY CODE RELATING TO WATER AND SEWER SERVICE. ESTABLISHING THE TIME FOR IMPOSITION OF UTILITIES IMPACT FEES 3. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201, PART Il. OF THE INDIAN RIVER COUNTY CODE RELAT- ING TO FRANCHISES FOR WATER AND SEWER SERVICE, BY ADDING A NEW SECTION PRO- VIDING FOR NO FRANCHISE FEE FOR SEPAR- ATELY BILLED RE -USE WATER B. PI IRT IC.D1SICUSSION ITEMC George Moody's Request to be Heard Regarding Many Aspects of the Wabasso Corridor Project (no backup provided) 10. COUNTY ADMINISTRATORS MATTERS None 11. DEPARTMENTAL MATTERS A. Community -Development None B. Emergency—Sexy-ices None C. General -Services None None E. Office of Manaicement and Budget None F. Personnel None G. Public Works 1. 58th Ave. R -O -W Agreement in Principle Between Indian River County and Indian River Farms Water Control District (memorandum dated July 25, 1995) 2. Agreement No. 1 to Work Order No. 3 41st St. & 45th St. Improvements From U.S.1 to Indian River Boulevard (memorandum dated July 24, 1995) 3. Amendment No. 1 to Carter & Assoc., Inc., Vero Lake Estates MSSW Permitting Agree- ment (memorandum dated July 24, 1995) H. Utilities North U.S. Water Main Change Order No. 5, Pay Request No. 8 (memorandum dated July 17, 1995) 12. COUNTY ATTORNEY Resolution Amending Wastewater Franchise Agreement Between City of Vero Beach and Indian River County and Resolution Amending Yater Franchise Agreement Between City of Vero Beach and Indian River County (memorandum dated June 29, 1995) B. Vice Chairman Fran B. Adams C. Commissioner Richard N R*rd E. ammkAnner John W Tirpjp 14. A. F_mergency S�n.ces District None B. Solid Waste Disnnsal District None 15. 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. . D. Commissioner Carolyn K- Fv rt E. ammkAnner John W Tirpjp 14. A. F_mergency S�n.ces District None B. Solid Waste Disnnsal District None 15. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Tuesday, August 1, 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, August 1, 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 Jim Davis, Acting County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bird led the Pledge of Allegiance to the Flag. EMERGENCY ADDITION Chairman Macht requested the addition to today's Agenda of a declaration of a state of local emergency to prepare for the landfall of Hurricane Erin expected late tonight or early tomorrow morning. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added the above item to today's Agenda. DECLARATION OF STATE OF LOCAL EMERGENCY Emergency Management Director Doug Wright presented the following recommendation: TO: Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: August 1, 1995 SUBJECT: Hurricane Erin Recommended Protective Actions As you know, Indian River County is in a Hurricane Warning status as determined by the National Hurricane Center. Hurricane Erin is now classified as a category one storm and conditions are favorable for an increase in intensity when it reaches the Gulf Stream. It is now moving WNW at 18MPH with a slightly faster forward speed anticipated later in the day. I have been advised by the NHC that landfall is expected late tonight. Landfall is expected to be between Fort Lauderdale and Palm Beach County at this time, but this is subject to change during the day. BOOK 9 VKV 0 8©�K -V5 rh;s+7 Maximum sustained winds are 80MPH with gusts in squalls. Hurricane force winds extend outward up to 35 miles from the center and tropical storm winds extend outward up to 175 miles, mainly to the north and east of the center. .Rainfall in Indian River County is anticpated to be 1 - 3 inches today and 5 - 7 inches by Wednesday night. Storm tides of 5 - 8 feet above normal are forecast for the Treasure Coast region around midnight tonight to 2AM Wednesday morning. I have attached the latest weather information for your review. Based on the totality of information available to me, I recommend the following protective actions be taken: 1. The Board declare a Local State of Emergency and authorize the Chairman to sign the declaration. The Governor has already signed an executive order enacting certain emergency procedures for the State of Florida. A copy of the Governor's Executive Order, No. 95-282 is attached. 2. Authorize the Emergency Services Director to disseminate a Voluntary Ev?r».a.ti.on order of the barrier island and flood prone low lying areas as well as a recommended evacuation of mobile or modular home residents throughout the County effective at noon today. 3. Authorize the Director to take the necessary actions to shelter the affected population during the course of the local emergency. 4. Authorize the closure of county offices effective at noon today and release the staff not required for utilization in performing emergency duties associated with the local emergency. 5. Authorize the Director to take the necessary pre and post storm actions prior and subsequent to the storm as relates to response and recovery activities. I will keep you informed as the situation progresses. Attachments Governor's Executive Order Weather Information Indian River County Resolution Declaring State of Local Emergency ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 95-88, declaring a State of Local Emergency in Indian River County. 2 AUGUST 1, 1995 n RESOLUTION 9S - 88 INDL4N RIVER COUNTY RESOLUTION DECLARING STATE OF LOCAL EMERGENCY WHEREAS, the National Hurricane Center recognizes the danger to coastal residents of Florida from Hurricane Erin , by posting a hurricane warning from Monroe County to Indian River County; and WHEREAS, Indian River County has high evacuation times to evacuate residents from the hazards of a hurricane; and WHEREAS, the current forecast error of the National Hurricane Center does not allow for a confident prediction of the track of Hurricane Erin at that point in time, coinciding with Indian River County's high evacuation times; and WHEREAS, Hurricane Erin has the potential for causing extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings and areas; and WHEREAS, Section 252.38(3), Florida Statutes, provides authority for a political subdivision such as Indian River County to declare a State of Local Emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to: 1. Performance of public work and taking whatever action is necessary to ensure the health, safety, and welfare of the community. 2. Entering into contracts. 3. Incurring obligations. 4. Employment of permanent and temporary workers. 5. Utilization of volunteer workers. 6. Rental of equipment. 7. Acquisition and distribution, with or without compensation of supplies, materials and facilities. 8. Appropriation and expenditure of public funds. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, this 1st day of August 1995, that: 1. Hurricane Erin poses a serious threat to the lives and property of residents of Indian River County and that a State of Local Emergency shall be declared, effective immediately, for all of Indian River County, including, all unincorporated and -incorporated areas. 3 AUGUST 1, 1995 tm 95 82 Bom 95 PALL t 809 RESOLUTION 95-88 2. The Board of County Commissioners hereby exercises its authority and waives the procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38(6)(e), Florida Statutes. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Bird , and, upon being put to a vote, the vote was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner Kenneth Macht Aye Fran Adams Aye Richard N. Bird Aye Carolyn K. Eggert Aye John Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of Aucrust , 1995. BOARD OF COUNTY COMISSIONERS INDIAN IVER COUNTY, FLORIDA BY enneth Macht, Chairman Attest Jeffre R. Barton, Clerk Commissioner Eggert urged those people who live alone to get to shelters early and relax and stay there for the night. She wanted people to take the voluntary evacuation seriously, especially the elderly and the disabled. Commissioner Bird understood that it is voluntary evacuation for the barrier island. 4 AUGUST 1, 1995 M M M ADDITIONS TO THE AGENDA Acting Administrator Jim Davis requested the addition of rescheduling the August 24 public hearing in Fellsmere regarding the paving of Willow Street. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above item to the Agenda. PROCLAMATION - RECOGNITION OF NATIONAL CLOWN WEEK Chairman Macht read aloud the following proclamation and presented it to Dorothy Crowe, "DODO"; Faye Metzler, "Jackie the Clown", who was accompanied by Gary Metzler, "Wiggles" and his guide dog "Radar". PROCLAMATION WHEREAS, clowns over _ the years have brought joy, happiness and entertainment to young and old alike, and WHEREAS, clowns provide relief from the sometimes harsh realities of the world; and WHEREAS, their benefit to society has long been recognized; and WHEREAS, there has been a long lineage of clowns predating the famous clown Emmett Kelly right down to our own local clown - Jackie and the Rainbow Circus Clowns: NOW, THEREFORE, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida that the week of August 1-7, 1995 is hereby proclaimed NATIONAL CLOWN WEEK in Indian River County. APPROVED and ADOPTED on August 1, 1995. BOARD OF COUNTY COMMISSIONERS OF INDIAN RjVER COUNTY By / enneth R. Mac -ht Chairman 5 AUGUST 1, 1995 �0 CONSENT AGENDA Commissioner Eggert requested that Item B be pulled for discussion. A. Award Bid #5086 -- Bunker Rake - Sandridge Golf Club The Board reviewed the following memo dated 7/20/95: DATE: July 20, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admi istrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid 15086/Bunker Rake Sandridge Golf Course Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Nucrane Machinery Riviera Beach, FL Kilpatrick Turf Ft Lauderdale, FL Hector Turf Deerfield Beach, FL Pifer Jupiter, FL Robinson Equipment Mims, FL June 16, 1995 June 7, 14, 1995 Twenty Five (25) Vendors Five (5) Vendors BID TABULATION $ 6,590.00 $ 6,600.00 $ 6,800.00 $ 7,108.00 $ 7,985.00 TOTAL AMOUNT OF BID $ 6,590.00 SOURCE OF FUNDS Golf Course Operations Other Machinery and Equipment - 418-221-572-066.49 ESTIMATED BUDGET $ 7,500.00 RECOMMENDATION Staff recommends that the bid be awarded to Nucrane Machinery as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. 6 AUGUST 1, 1995 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid 5086 to Nucrane Machinery in the amount of $6,590, as set out in staff's recommendation. B. Approval of State Multi -Party Acquisition Agreement - Archie Carr Refuge LAAC Sites The Board reviewed the following memo dated 7/25/95: TO1, _ James E. Chandler �vG. County Administrator 03� �41 PA NT HEAD C NCUR NCE: ober N. Reat n( .r,l AIC Community Developitlent ctor FROM: Roland M. DeBloiss, P Chief, Environmental Planning DATE: July 25, 1995 RE: Request for Board Approval of State Multi -Party Acquisition Agreement Regarding the Cairns/Irwin Tract and Spallone - Archie .Carr Refuge LAAC Sites It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 1, 1995. DESCRIPTION AND CONDITIONS Two sites listed by the County Land Acquisition Advisory Committee (LAAC) for acquisition are the +57 acre Cairns/Irwin ocean-to- riverfront tract on south Jungle Trail, and the +1.5 acre Spallone oceanfront property north and adjacent to Golden Sands Park. Both of these sites have generally been approved for 50% cost -share funding under the State Conservation and Recreational Lands (CARL) program, as part of the Archie Carr Sea Turtle Refuge project. For each cost -share project under the CARL program, a multi-party acquisition• agreement is required between the County and the Division of State Lands (DSL). The County has executed similar agreements with the DSL for cost -share funding of two other LAAC sites (the Rorangy Tract and the Fischer -Sebastian River property). Over the past few months, county staff has coordinated with DSL staff to finalize the wording of a multi-party acquisition agreement for the Cairns/Irwin Tract and the Spallone Property. This agreement is based on a standard State format, with certain site-specific language. Staff requests that the Board approve the attached multi-party acquisition agreement relating to state cost -share acquisition of the Cairns/Irwin Tract and the-Spallone Property LAAC sites. AUGUST 1, 1995 800K 95 o.'v 813 ANALYSIS Cairns/Irwin Tract The Cairns/Irwin Tract was approved as an addition to the Archie Carr Sea Turtle Refuge CARL project in March, 1995, for 50% cost share funding. Recently, the County Land Acquisition Advisory Committee (LAAC) completed its 1995 site rankings of which the Cairns/Irwin Tract is ranked 7th out of 20 sites. The property consists of a total of 57 acres, +19 of which are east of S.R. AlA with +1,550 linear feet of ocean frontage. The original LAAC project consisted of a total of +112 acres, but recently 55 acres of the project west of S.R. AlA have been removed from the project by the owner due to eminent sale to a private developer. Native plant communities on the LAAC site include +35 acres of _maritime hammock and +17 acres of dune/coastal strand. Spallone Property In addition -to the Cairns/Irwin Tract, the multi-party agreement pertains to 50% cost -share of the Spallone property LAAC site. The Spallone property is a 1.5 acre undeveloped single-family residential parcel north of and adjacent to Golden Sands Park. The property consists of native coastal strand and dune vegetation. The Spallone property is ranked 13th on the LAAC project acquisition list. Agreement Overview The Agreement provides that the County will assume responsibility for pre-acquisition tasks such as appraisal mapping, appraiser selection, and negotiations, all in accordance- with State DSL procedures. During the course of these activities, county staff will coordinate with DSL staff to ensure that State procedures are satisfied. The Agreement also provides that the State will pay 50% of closing costs for the projects. "Closing costs" include survey, environmental audit, title insurance and recording costs. Under the heading of "special conditions", the Agreement has a disclaimer that the State's purchase participation is contingent upon available State funding. However, given that the Archie Carr CARL project is ranked 3rd on the State CARL project list and has been funded under the FY 94/95 DSL acquisition work plan, non - participation by the State is remote. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached multi-party acquisition agreement relating to the Cairns/Irwin Tract and Spallone property LAAC sites. Commissioner Eggert inquired if there were any limitations on the use of lands under the Archie Carr program, and Roland DeBlois, Chief of Environmental Planning, advised that there is no strict limitation on a public use. It is anticipated that there will be an opportunity to use the property as a passive park, particularly the Irwin/Cairns property which extends west of AIA. 8 AUGUST 1, 1995 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Multi -Party Acquisition Agreement re the Archie Carr Sea Turtle Refuge CARL Project (pertaining to the Cairns/Irwin Tract and Spallone property). AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. County Tax Deed Applications The Board reviewed the following memo dated 7/20/95: TO: Board ,�of� County Commissioners oa FROM: Lea,R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attbrney DATE: July 20, 1995 RE: County Tax Deed Applications On May 23, 1995, the Board authorized the Tax Collector to proceed with certain tax deed applications on behalf of the County, and, in connection with that, the Clerk of the Courts notified our office that the following costs are due: (1) Tax Certificate #93-3004 $ 213.46 (2) Tax Certificate #93-3007 230.94 (3) Tax Certificate #93-3016 228.42 (4) Tax Certificate #93-3031 160.86 (5) Tax Certificate #93-306D 203.38 (6) Tax Certificate #93-3087 228.42. TOTAL COSTS NOW DUE #1,265.48 Requested Action: Staff requests the Board authorize the payment of the above costs to the Clerk. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the payment of the above costs to the Clerk. 9 mbx Y5 .r AUGUST 1, 1995' D. Cancellation of Outstanding Taxes - Property Purchased for County Use The Board reviewed the following memo dated 7/21/95: TO: BOARD OF COUNTY COMMr1ISSIONERS P • �Cuo,J FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac; County Attorney DATE: July 21, 1995 RE: CANCELLATION OF OUTSTANDING TAXES 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 and copies sent to 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 95-89 and Resolution 95-90, cancelling certain delinquent taxes upon publicly -owned lands, pursuant to Section 196.28, Florida Statutes. Re: R/W - 58th Avenue (Parcel #116) Parcel #08-33-39-00001-0090-00001.0 L. C. Crowe RESOLUTION NO. 95-89 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 10 AUGUST 1, 1995 RESOLUTION 95-89 WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1061, Page 1241, which was recently acquired by Indian River County for right of way purposes on 58th 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 F rt and the motion was seconded by Commissioner Adams , and, uponPbeing 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 1 day of August , 1995. J arton, Cl i ` C. dl\J tachment: Dee it Legal Description 11 AUGUST 1, 1995 BOARD OF UNTY COMMISSIONERS IN;enneth AN IVER COUNTY, IDA By da R. Macht, Chairman p=---0 •1 I 'q 1' wx 9 o 17 RESOLUTION 95-89 (.'yL^IMA b�lpwr+l��.�sul//.����..wnn- 6 WD" IRIV RWM n& STATUTORY WARRANTY DEED THIS INDENTURE, made this 1st day of June , 1995, between L. C. CROWE, whose address is 7200 East Elm, Wichita, KS 67206, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, GRANTEE, 1:,� ■t ��l�lF��i! �r � That GRANTOR, for and in consideration of the sum of $10.00 and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF and GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed yyin the presence of: sign: 1(���r�A 9 / cl9c+—rrvrrt� WjIness printed name: ama Dm -di ck sign: Lei tness printed name: marnarp+ p Crowe 6->� a W!, n L. L. C. Crowe EXHIBIT 1111,11f STATE OF n_,l, X�4 4J COUNTY OF ' The foregoing instrument was acknowledged before me this day of 7 ...,.e. 1995, by L. C. CROWE. He is personally known to me or aid DOCUMENTARY STAMPS DEED $ I y NOTE; Il I 1 I;I Y K PARTON, CLERK , JtWlAk IMLIt C.011NTY , 12 AUGUST 1, 1995 sign: `nr� • i9 rn •...�e/�' N61ary Public printed name: Emza Dominick Commission EMZA DOMINICK SiA7E Or KANSAS norAe> un21e ji My ARDt. EtR June 21. /y O co U1 W co kn C a� W Ul �I Charles A. Cramer, P.L.S. Reg. #4094 1840 25rii St, Vero Beach, FL 32960 Indian River County Surveyor (407) 567-8000 nzI5d190IUD PREPARED FOR INDIAN RIVER CouNTY ENGINEERING DEPARTMENT THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION cn rA co�P.O.B. m W N 89'46'00" W toI S 00'29'24" W 56' c lit SCALE: 1"=200' NtO P A R C E L 1330.69 ' 1 1 6 __j b N 00'29'24 E Tract Line W HIGHWAY zoo_ _KING'S N .. N` Section Line E 1/4 Cor. Sec. 8 LEGAL DESCRIPTION X m Part of Tract 9, Section 8, Township 33 South, Range 39 East, it being the West 56 feet of the East 136 feet of the °�° NE 1/4 of the SE 1/4 of Section 8, according to the last general plat of the lands of the Indian River Farms Company N recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, LESS the North 30 feet, further 0%.n described as follows: c Commence at the East 1/4 corner of Section 8 and run olong'the 1/4 section line N 89'46'00" W a distance of H 136 feet to a point. Then run S 0929'24" W a distance of 30 feet to the POINT OF BEGINNING. Then c Continue S 00'29'24" W a distance of 1330.37 feet to the North line . of Tract 16. Then run N S 89'26'08" E a distance of 56 feet to a point. Then run �a N 00'29'24" E a distance of 1330.69 feet to a point. Then run N 89'46'00" W a distance of 56 feet to the POINT OF BEGINNING. Containing 74,509.52 square feet, or 1.71 acres, lying in Indian River County, Florida. CERTIFICATION I, Charles A. Cramer, hereby certify that I am a registered Professional Land Surveyor licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 21 HH -6 of the Florida Admin— istrative Code, pursuant to F.S. Chapter 472. �I Charles A. Cramer, P.L.S. Reg. #4094 1840 25rii St, Vero Beach, FL 32960 Indian River County Surveyor (407) 567-8000 nzI5d190IUD PREPARED FOR INDIAN RIVER CouNTY ENGINEERING DEPARTMENT THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION cn rA g®JGy �r p Re: R/W - 58th Avenue (Parcel #118) Parcel #08-33-39-00001-0010-00001.0 L. C. Crowe RESOLUTION NO. 95-90 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TABES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, -recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1061, Page 1239, which was recently acquired by Indian River County for right of way purposes on 58th 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 _1 day of A U a U s t , 1995. t T1 J- rton, Cjw* //__''.. - CLQ 1� tit achment: Deeh Legal Description cc: Fixed Assets Department 14 AUGUST 1, 1995 BOARD OF COUNTY COMMISSIONERS INDIAN R R COUNTY, RIDA By e eth R. Macht, Chairman L 1 D%ham �3. U W C m aiz 3 C � j 0 4U as T Q m C o� c0 U LL CL '� as RESOLUTION 95-90 STATUTORY WARRANTY DEED i= arg�FIA THIS INDENTURE, made this _l,srt- day of T„r, , 1995, between L. C. CROWE, whose address is 7200 East Elm, Wichita, KS 67206, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the. State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of $10.00 and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT "A” ATTACHED HERETO AND MADE A PART HEREOF and GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed in the presence of: sign: ^� W ess printed nam : Emza Dominick —r/777v— rtness Margaretprinted na.2e: • Crowe IN STATE OF _ `/�Vr"LAA,) EX H I E3 1 =J'A COUNTY OF The foregoing instrument was acknowledged before me this /,a - day ofj�t,, 1995, by L. C. CROWE. He is personally known to me Qr DOCUMENTARY STAMPS DELU $ N01 L $ JERRE.Y K. RArTON, CLERK INUTAN RIVLH CUUNIY sign: `)' Not y Public printed name: Bzz Dominick Commissio / ft C� q . MY CD CD W J Cn C x rn ca r Cb ."O CD Cn -v c -J N W 15 bDO:K 9��,rf 8240AUGUST 1, 1995 Fl - I W P.O.B. 3 SCALE 1'100' �c Cr2g I • w S 0676.58 W ___ s oc s'24e w c •----- C P A R C E L 676.58 1 1 8 N s�s.sa ' I� 00 w b, :- `O y N 00'29 24 E rroct Uns °D n 1" ICING'S HIG WAY Z Iao -----------�------ Iz SecponUne�— ---- LEGAL DESCRIPTION NE Cor. Sec. 8 Part of the South 19.45 acres of Tract One, Section 8, Township 33 South, Range 39 East, it being the West 56 fee; of the East 136 feet of the South 1/2 of the NE 1/4 of Section 8, according to the last general plat of the lands off the Indian River Forms Company, recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, further described as follows: Commence at the Northeast comer of Section 8 and run along the section line, N 89'57'17" W a distance of 136 feet to a point. Then run S 00'29'24" W a distance of 676.58 feet to the POINT OF BEGINNING. Then Continue S 00'29'24" E a distance of 676.58 feet to a point. Then run S 89'57'16" E a distance of 56 feet to a point. Then run N 00'29'24" E a distance of 676.58 feet to a point. Then run N 89'57'115" W a distance of 56 feet to the POINT OF BEGINNING. Containing 37,887.34 square feet, or 0.87 acres, lying in Indian River County, Florida. CERTIFICATION I, Charles A. Cramer, hereby certify that I am. -a Figistered Professional Land Surveyor licensed to practice in the state of Florida, that this sketch was made - M immediate supervision, and that it is accurate and correct. I further Admin– certify that this sketch meets the^IAiq�iriufh ecFi#1fCoi1 •standards as described in Chapter 21HH-6 of the Florida Admin– istrative Code, pursuant to F.S. Clapjbisr:+2, • e t PREPARED FOR INDIAN RIVER COUNTY NO. 40V ( ENGINEERING DEPARTMENT Charles A. Cramer, P.L.S. Reg. #405-':.'"'"1840 25th St, Vero Beach, FL 32960 THIS IS NOT A SURVEY Indian River County Surveyor ' : ;.114D7) 567-8000 SKETCH TO ACCOMPANY LEGAL DESCRIPTION OtIZIDd190IUD C 1 INVESTMENT ADVISORY COMMITEE MEETING - REPORT The Board reviewed the following memo dated 7/24/95: TO: BOARD OF COUNTY COM2%HSSIONERS DATE: JULY 249 1995 SUBJECT: INVESTMENT ADVISORY COMHTTEE MEETING FROM: JEFFREY K. BARTON, CLERK OF THE CIRCUIT COURT The inaugural meeting of the Investment Advisory Committee was held on July 19, 1995. At that meeting, the Committee reviewed a draft of an investment policy for the County. I will provide a full report of the Committee's deliberations and the future goals of the Committee at the August 1, 1995 Board meeting. INVESTMENT ADVISORY COMMITTEE MEMBERS John Moore, Chairman Northern Trust Bank of Vero Beach 755 Beachland Blvd Vero Beach, FL 32963 Phone No: 231-2400 David L Koulish, Vice President/ Senior Trust Investment Officer Northern Trust Bank of Vero Beach 755 Beachland Blvd Vero Beach, FL 32963 Phone No: 231-2404 Nancy Beckwith Vice President, Commercial Banking First Union National Bank of Florida 1001 20th Place Vero Beach, FL 32960 Phone No: 778-6132 John Orcutt Vice President -Investments A. G. Edwards & Sons, Inc. Suite A 333 17th Street Vero Beach, FL 32960 Phone No: 562-6561 Edwin M. Fry, Jr. Finance Director Indian River County 1840 25th Street Vero Beach, FL 32960 Phone No: 567-8000, extension 205 Jeffrey K. Barton Clerk of the Circuit Court Indian River County 1840 25th Street Vero Beach, FL 32960 Phone No: 770-5185, extension 159 Joseph A. Baird Director of Management and Budget Indian River County 1840 25th Street Vero Beach, FL 32960 Phone No: 567-8000, extension 214 17 AUGUST 1, 1995 Mot Uij VA"c rof Clerk of the Circuit Court Jeff Barton advised that as part of the fallout from the financial situations of Orange County, California, and Escambia County, Florida, a legislative committee was formed along with some outside personnel. He was one of the group that worked on the committee on behalf of the Clerks Association. The major output of the committee is legislation that requires all counties and government entities within the State of Florida to formulate an investment policy to be presented to the governing board for approval as their operating document on how public funds are to be invested. Clerk Barton advised that because his office is responsible for the investment of county funds, he has put together a blue ribbon committee that is in the process of writing an investment policy plan for Indian River County. The investment policy must be approved prior to September 30 and the committee is planning to bring the proposed policy to the Board the first week of September for review and input prior to final approval. Chairman Macht congratulated Mr. Barton for having put together a very fine committee. PUBLIC HEARING - ORDINANCE ESTABLISHING A PRIORITY FOR UTILITY LIENS AND DETERMINING PARTY RESPONSIBLE FOR UTILITY PAYMENTS 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 N The 6.d 0 Cance ft=** res of 'Men G� a FlalOa hereby prohtdes A.M. of PUBLIC arlheeied for 9:05 A.M. an Tuesday, August 1. 1995, at ft Carly Came, in the matter ofN �u' �a.7J� - � 1840 225rs Staft VCau�th.y tB� FIab4 sued: a dines re of Yh6an River �Y. - Ml ORDOVANCE OF INDIAN RIVER COUNTY, in the lished in said newspaper in the issues of Yip i = % 5— Court, was pub - Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. sworn to and subscribed �re ml+this day o��f A.D. 19 lota moi!" r' h (Btisine'ss 1Nanager) • :r.d , ,m .. .... .. .., �. ' 797 (SEAL) 2 4 - 18 AUGUST 1, 1995 NG PARTY RUP04SKE FOR UTUTY PAY. i Yderested pestles may speer at the meedrhg and be tread wth reaped to the propospeod�oasraddineraae ne doe mmom*eydo m mInspect the OHloe ott tlha pak ro tie ftft 1810 25th Street, Vero ftwk Paida ArrAw wfho may %is h to appeal any der1 1 whldh may be made at tis rtmaet' wd read to ensure tlhet a rabetihh r— of the praoss*w b made. the ed udeeb �tmdrnory artl eWderuoe upon WNC h Anyone who needs a speclel a000rurruodatlan for may carhfaot the omrVs Americans wth VdabNes Act (ADA) Caortfrhamr at 587- 8000. Ext. 408. at least 48 bars h advarme of the J*77..i995 1214425 i I eb7 Attorney Vitunac advised that this is an effort to help collect money owed the government through overdue utility bills. The first section says that our liens would be the first liens even if they are not recorded. The second paragraph makes the tenant responsible for the bills, not the landlord, which is the way it is for all the municipalities throughout the state. The third section is an effort to reinforce the fact that our liens are first liens. Attorney Vitunac explained that we are trying to educate the community that utility liens and assessments have to be handled at every sale of property, just like taxes. Chairman Macht suggested that we get something out to the title companies and the bar association. Chairman Macht opened the Public Hearing and asked if anyone wished to be heard on this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 95-17, establishing a priority for utility liens, and determining part responsible for utility payments. ORDINANCE NO. 95- 17 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.22 OF THE INDIAN RIVER COUNTY CODE RELATING TO WATER AND SEWER SERVICE, ESTABLISHING A PRIORITY FOR UTILITY LIENS, AND DETERMINING PARTY RESPONSIBLE FOR UTILITY PAYMENTS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: follows: SECTION 1. Section 201.22 of the Indian River County Code, which reads as "Section 201.22. Water/sewer fees chargeable to property owners; County may bill tenant. Water and sewer services are chargeable to the property owner, who shall be the customer. The County may bill the tenant or occupant of each premise for the water and sewer charges at the request of the owner, express or implied, but this shall in no way relieve the owner of responsibility for payment. Nothing in this chapter shall be construed as a mandate for mobile home park owners to pass through impact fees to mobile home owners or tenants. Any payment remaining unpaid for a period of thirty (30) days may constitute a lien in favor of the County against the property serviced and the County may record said lien in the public records of Indian River County, Florida. County is authorized to discontinue service when payment is thirty (30) days overdue and shall not reinstate service until full payment is received:"° 19 AUGUST 1, 1995 no 'P'�' ORDINANCE 95-17 is amended to read as follows: "Section 201.22. Responsibility for payment of water/sewer fees; lien for unpaid bills. A. Except when the exception for non -owner customers of subparagraph B applies, responsibility for payment of any and all utility charges rests with the property owner. Charges for which the owner is responsible shall constitute an automatic lien in favor of the County against the property serviced. The County may record the liens in the public records of Indian River County, Florida; however, the liens need not be recorded to be an enforceable lien against the property. It is the intention of the County that these liens, whether recorded or not, shall have the same priority as liens for taxes and other governmental assessments, and shall be.superior to mortgages and other claims against the property, whether or not the mortgages or other claims predate the creation of this lien. The County finds that having such a priority status for its utility liens is necessary and serves a public purpose, and that it has the authority to enact this provision pursuant to the authority of Dade County v. Certain Lands, 247 So.2d 787, and Gleason v. Dade County, 174 So.2d 466, Section 153.67, F.S., and Section 125.01(1), F.S. B. When an account is opened by a non -owner customer, the non -owner customer shall be responsible for payment of all fees and charges; except that the property owner shall be responsible for payment of the base facility charge if not paid by the non -owner customer. The County shall collect a deposit equal to no less than two months' estimated utility bills for that customer. This deposit shall not be returned until the account is closed and all unpaid charges which are the responsibility of the non -owner customer are paid. The deposit may be used to offset any such charges. Unpaid utility bills for which the non -owner customer is responsible shall not be a lien against the owner's property. The property owner shall be responsible for payment of the base facility charge. C. Except when the exception for non -owner customers of subparagraph B applies, in the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof shall be lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such service charge shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recorded by the county in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the county by action or suit in equity as for the foreclosure of a mortgage on real property." SECTION 16. EFFECTIVE DATE A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within 10 days after: enactment, and this ordinance shall take effect upon 20 AUGUST 1, 1995 M M M ORDINANCE 95-17 acknowledgement from the Secretary of State that this ordinance has been filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, this 1 day of August 1995. - This ordinance was advertised in the Vero Beach Press Journal on the 7 day of J u 1 y , 1995, for a public hearing to be held on the 1 day of A u g u s t 1995, at which time it was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner E g g e r t , 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 ordinance duly passed and adopted this _ I day of August , 1995. Attest: Xief Barton, BOARD OF COUNTY COMMISSIONERS INDIAN RI R COUNTY, FLORIDA By Kenneth R. Macht Chairman EFFECTIVE DATE: Acknowledgment for the Florida Department of State this 15th day of August , 1995. AUGUST 1 1995 21 Boa 95 ma 856 ma 95 fATA27 PUBLIC HEARING - ORDINANCE RELATING TO WATER AND SEWER SERVICE. ESTABLISHING THE TME FOR Il"OSITION OF UTILITIES WPACT FEES VERO BEACH PRESS -JOURNAL Published Daily Vero Beach. Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being The BOW of a.Gf.0 P� IC sENIC lished in said newspaper in the issues of �i �" Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed betore me this day of A.D. 19 (Business Manager) (SEAL) r ,49 i 9In. a � (if Wdffl 05 AM on MG SMIkI 0% Fkwft to ®s - ,gen abet canry. laereaed pwdm may aWw at are rneeft and be heard with respea m the proposed ardlnmx & N"M on warft to Wped are ara- ng"r�ay do W a are Offtoe of the mare Board, 2501 2501 ftwt, Vero Beach, Fblde. Amrrmiyr dedslon be meft at ft mmeataig rdappul �r*W to eta wlsaha t tmr V ary amid evil upa vdit �i the aPPW b bored. A"* adto need~ a spwW aaoonano Iwm for ale m=may, Caaayb Ani imm *Cowdnaw at 507- � Act Ext 40& at but 48 hom In aft= of ft Aey 11K 1996 1217142 Chairman Macht opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 95-18, relating to water and sewer service, establishing the time for imposition of utilities impact fees. 22 AUGUST 1, 1995 807 ORDINANCE NO. 95- 18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201.09 OF THE INDIAN RIVER COUNTY CODE RELATING TO WATER AND SEWER SERVICE, ESTABLISHING THE TIME FOR IMPOSITION OF UTILITIES IMPACT FEES. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: follows: SECTION 1. Section 201.09 of the Indian River County Code, which reads as "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 extension of the county's sewer and water systems. The obligation to pay the impact fee shall occur at the earliest of the following dates: when the capacity is reserved, when a water or sewer permit is granted, or when a building permit is issued." is amended to read as follows: "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 expansion of the county's sewer and water systems. The obligation to pay the impact fee shall occur when a building permit application is filed. Any person may elect to pre -pay the impact fee to reserve plant capacity." SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _1 day of Aiigirct . 1995. This ordinance was advertised in the Vero Beach Press Journal on the 18 day of July, 1995, for a public hearing to be held on the lot day of August, 1995, at which time it was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner _T j jjj n , 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 23 AUGUST 19 1995 bou 95 pm; 828 b�}`l�It( 95 f*T 9 ORDINANCE 95-18 The Chairman thereupon declared the ordinance duly passed and adopted` this 1 day of August , 1995. Attest: Jeffr K. Barton,,Clb-l�c. EFFECTIVE DATE: HOARD OF COUNTY COMMISSIONERS IND7,,VER COUNTY, FLORIDA By � ;; /L G Kenneth R. Macht Chairman A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Ordinance filed with the Secretary of State on 15th day of August, 1995. PUBLIC HEARING - ORDINANCE ADDING NEW SECTION TO COUNTY CODE PROVIDING FOR NO FRANCHISE FEE FOR SEPARATELY BILLED RE -USE WATER VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being d % C( A 1 in the matter of in the /�I p Court, was pub- lished in said newspaper in the issues of (--I 'l. �, = y / 5 ✓ Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of 'd A.D. 19 .. (Business Manager) 24 AUGUST 1, 1995 NOTICE Re: OrdihenM — No Franchise Fee for BoardCertain Re -UN Water TheRiver CahM ZISdi nmoticeixtr off PUBLIC NEEAARR sam�aed to 9 Q5 A.M. an uesday. Augur t. 1985. at the Candy Camnis. sigh Qhmnbera m the C MY AamYfseatbn and0. OS 1840 251h Street, Vero Beach Fionda, to db - a crdin = of ManRicer County, FbiUe=AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201. PART tl, OF THE INDIAN RIVER COUNTY CODE RELATMG TO FRANCHISES FOR WATER AND SEWER SER. V. BY ADDING A NEW SECTION PROVE FOR NO FRANCHISE FEE FOR SEPARATELY BILLED REQ WATER. hft"M PMON my wear at the moo" be (heardwn orenmhce� ho in y do the oMte 1=102111 Board. 1840 25th Street, Vero Bpeeacch, Fbrida. Anyone r be r�nade at glia m reel g iN�ne to ensum fret a verbatm ...of the pooeemp is made, aDPeb vollich es tima � and evidce enupn wMUh theAnycre who rheeds a aped acownir odatan for withDiseb � t_(0 I"Ootr�dyretcr BOW, Ext. 408. at least 48 Ihcre in advance of the At/ 7,1995 1214424 807 The Board reviewed the following memo dated 6/29/95: TO: Board of County Commissioners, FROM: CharesVitunac, ounty Attorney DATE: June 29, 1995 RE: Ordinance Establishing Franchise Fee Exemption for Reclaimed Water Usage The attached ordinance provides a very narrow exception to the County's six percent franchise fee policy by excluding a charge for the cost of reuse water, so long as the franchise shows the reuse water usage as a separate line item on the utility bill. Requested action: Staff recommends adoption of the ordinance. Attorney Vitunac explained that this ordinance came about at the request of the Moorings and the City of Vero Beach not to collect a franchise fee for re -use water. Commissioner Bird felt the spirit in which we are doing this is in the interest of keeping the cost down for the users. He felt that if it ever got to the point where it is a big money maker, we probably would reconsider. Chairman Macht opened the Public Hearing and asked if anyone wished to be heard in this matter. Dorothy Hudson, attorney for the Moorings, stated that she has worked closely on this with the City for over two years and believes Attorney Vitunac has done a wonderful job in drafting this ordinance. She suggested that the liens be very clear on when it becomes a certified lien. The banks and other lending institutions make a clear distinction between a preliminary assessment and a final assessment. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Ordinance 95-19, providing a new section for no franchise fee for separately billed re -use water. 25 BOOK 95 AUGUST 1, 1995 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Chapter 201.08.1, of the Indian River County Code, is amended by adding a new subsection which reads as follows: "Section 201.08.1(c). No franchise fee for separately billed re -use water. Notwithstanding any contract, ordinance, or policy of the board to the contrary, the county shall not charge any franchise fee on the portion of any utility bill for the cost of reclaimed water usage if the charge for the re -use water usage is shown as a separate line items on the utility bill. SECTION 2. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon acknowledgment from the Secretary of State that this ordinance has been filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1 day of August , 1995. This ordinance was advertised in the Vero Beach Press Journal on the 1A day 8011 for ORDINANCE NO. 95- 19 be AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201, PART II, OF THE INDIAN RIVER COUNTY CODE RELATING TO FRANCHISES FOR WATER AND SEWER SERVICE, BY ADDING A NEW SECTION PROVIDING FOR NO FRANCHISE FEE FOR SEPARATELY BILLED RE -USE WATER. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Chapter 201.08.1, of the Indian River County Code, is amended by adding a new subsection which reads as follows: "Section 201.08.1(c). No franchise fee for separately billed re -use water. Notwithstanding any contract, ordinance, or policy of the board to the contrary, the county shall not charge any franchise fee on the portion of any utility bill for the cost of reclaimed water usage if the charge for the re -use water usage is shown as a separate line items on the utility bill. SECTION 2. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon acknowledgment from the Secretary of State that this ordinance has been filed with such office. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1 day of August , 1995. This ordinance was advertised in the Vero Beach Press Journal on the 1A day of j u fid_, 1995, for a public hearing to be held on the I_ day of Aiiqiigzj , 1995, at which time it 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 26 AUGUST 1, 1995 ORDINANCE 95-19 The Chairman thereupon declared the ordinance duly passed and adopted this 1 day of A u Q u S t , 1995. st: Jeff-F.rk �- A- BOARD OF COUNTY COMMISSIONERS INDIAN R COUNTY FLORIDA By enneth R. Macht Chairman EFFECTIVE DATE: Acknowledgment by the Florida Department of State this 15th day of August , 1995. COUNTY WATER AND SEWER SERVICES including the Florida Safe Water Drinking Act, and shall -meet the standards outlined in the ap- propriate Florida Department of Environmental Regulation, Florida Department of Health and Re- habilitative Services, or St. John's River Water Management District regulations. (Ord. No. 91-9, 3-12-91) Section 201.33. Areas in which chapter to be effective. This chapter shall be effective in the entire un- incorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility ser- vices. (Ord. No. 91-9, 3-12-91) Section 201.34. Penalties and enforcement. A. Penalties. Any person who shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or six (6) months in jail or both. The county may enforce the provisions of this article by seeking injunctive relief or any other remedies provided by law. B. Enforcement. Q) (Generally.] In addition to any other en- forcement procedures provided by law, the county code enforcement officer shall be au- thorized to enforce this chapter. (2) Discontinuance of service and penalty fees. The County shall have the authority to en- force the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in viola- tion of a declaration of water shortage shall be billed at three (3) times the regular rate. (Ord. No. 91-9, 3-12-91) AUGUST 1, 1995 § 201.50 county and which conflict with the provisions for this chapter are hereby repealed to the extent of such conflict. Specifically, section 24-31 through and including section 24-67 of the Code of Laws and Ordinances of the county including Ordinance 84-18 are hereby repealed in their entirety. (Ord. No. 91-9, 3-12-91) Section 201.36. Incorporation in Code. The provisions of this chapter shall be incorpo- rated into the county code and the word "ordi- nance" may be changed to "section," "article," or other appropriate word, and the sections of this chapter may be renumbered or relettered to ac- complish such intentions. (Ord. No. 91-9, 3-12-91) Section 201.37. Severability. If any section, part of a sentence, paragraph, phrase or word of this chapter is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining por- tions hereof and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, invalid or inoperative part. (Ord. No. 91-9, 3-12-91) Section 201.38. Effective date. The provisions of this chapter shall become ef- fective on April 1, 1991. (Ord. No. 91-9, 3-12.91) Sections. 201.39-201.49. Reserved. PART II. REGULATION OF FRANCHISES Section 201.50. Definitions. (a) Utility means water or sewer utilities serv- ing subdivisions, apartment and housing complex - 27 uDX 95 PAGE 8'32 ORDINANCE 95-19 Section 201.35. Repeal of conflicting provi- sions. All previous ordinances, resolutions, or motions of the munty, which conreict with the provisions of this chapter, are hereby repealed to the extent of such conflict. All. special acts of the legislature applying only to the unincorporated portion of the disposal facilities, force mains, pump stations, col- lection systems, service lines and pipes, real es- tate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or con- trolling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public. (Ord. No. 93-36, § 1, 12-14-93) Section 201.51. Permit required. Each utility shall obtain a utility permit from the department authorizing it to provide service. The board may establish by resolution, fees to be charged for the issuing of permits. No utility per- mit may be issued by the department unless the applicant has received a franchise from the board. A utility cannot operate or provide service in the area described in section 201.33 of this chapter without a permit. The utility department may issue permits not exceeding eighteen (18) months in duration for temporary systems which have not been issued a county franchise if the services are for specific buildings that have made arrangements to re- ceive permanent service from the county system within the eighteen -month period and the service offered is not generally available to the public. (Ord. No. 93-36, § 1, 12-14-93) Section 201.52. Utilities required to connect to county utility systems. (a) It shall be a condition of any franchise is- sued in the future by the board of county commis- sioners to any water and/or sewer utility that, if and when a county -owned water and/or sewer sys- tem is available, that the utility connect its sys- tem to the county system regardless of the means by which it has been providing water and/or sew- er services to its customers. This connection shall be at the standard county rates, fees, and charges, including impact fees, with regard to the fact that the utility or owners or both may have construct- ed and paid for, or are paying for, an alternative water and sewer system, even one in good oper- ating condition. (b) Where consistent with law, existing utilities with franchises issued by Indian River County AUGUST 1, 1995 es, condominium, mobile home or trailer parks, industrial complexes, shopping centers and simi- lar systems, serving more than one building. Sys- tems serving motels, parks, hospitals, schools and single commercial or industrial buildings require operation permits and are excluded from franchis- es. "Utility" includes wells, pumps, tanks, treat- ment facilities, distribution systems, water meters, which require the connection under certain con- ditions are authorized by this section to pay the requisite fee, charges and rates, including impact fees, over time as specified by the county in its financing plan for the expansion of the county util- ity system. (Ord. No. 93-36, § 1, 12-14-93) Section 201.53. Special acts. Special Acts Chapter 59-1380 - "Utility Act of Indian River County" may be applied to the reg- ulation of franchises and is set forth in the Ap- pendix of Special Acts to this code. (Ord. No. 93-36, § 1, 12-14-93) Sections 201.54-201.60. Reserved. PART III. PRETREATMENT REGULATIONS Section 201.61. Adopted by reference. Pretreatment regulations for industrial users have been adopted by ordinance. These regula- tions have not been codified but are in full force and effect as if they were included in this code. A copy of the regulations may be obtained from the clerk to the board of county commissioners or from the utility department of the county. (Ord. No. 94-23, § 2, 7-26-94) 28 r � � GEORGE MOODY'S REQUEST TO BE HEARD REGARDING MANY ASPECTS OF THE WABASSO CORRIDOR PROTECT George Moody, 4990 65th Street, wished to speak on the Wabasso Corridor Project. He expressed his concerns about not being allowed to rebuild if a fire, flood, or other type of disaster damaged over one-quarter or one-half of his building. He purchased his property 17-18 years ago and he sees where he would be spot - zoned out of business if some sort of disaster happened. Commissioner Eggert explained that the destruction of buildings has been in the building codes for a long time, but Mr. Moody pointed out that he would be affected by the setback included in the new proposal. Commissioner Eggert advised that the proposed corridor plan has to go through many steps before it comes to the Board for approval. Commissioner Adams believed it was not the Board's intent to zone people out of business, and Commissioner Bird stressed that the Board would address those situations. Chairman Macht stated that he would have a very hard time in voting for something that would put somebody out of a lawfully - operated business. Commissioner Eggert reiterated that this would be discussed at the Corridor Committee meetings and will be brought to the Commission for final approval. There will be many opportunities for public input. No action taken. 58TH AVENUE RIGHT-OF-WAY AGREEMENT WITH INDIAN RIVER FARMS WATER CONTROL DISTRICT The Board reviewed the following memo dated 7/25/95 and letter of 7/7/95: AUGUST 1, 1995 29 Box 9 5 ,..�,�LE;03 500K f TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo FROM: Terry B. Thompson, P.E.{-�,t!q.� Capital Projects Manager I �� SUBJECT: 58th Avenue Right -of -Way Agreement In Principle Between Indian River County and Indian River .. Farms Water Control District RE: Letter from Michael O'Haire to Jim Davis, -dated July 7, 1995 DATE: July 25, 1995 The Indian River Fames Water Control District Board of Supervisors reviewed several proposed cross sections for IGng's Highway at a special meeting on June 6, 1995. From Oslo Road to 12th Street the Board of Supervisors favored a_ cross section with a 25' access maintenance area on the west side of the Lateral B Canal, see Exhibit 'A". This cross section requires purchasing an additional 20 feet of right-of-way on the west side of Kings Highway. From 12th Street to the Main Relief Canal the Board of Supervisors favored a cross section with a 25' access maintenance area on the east side of the Lateral B Canal, see Exhibit 'B". Due to many concerns expressed by the Supervisors, none of the cross sections considered were formally approved. Following the meeting, the attorney for the Board of. Supervisors, Michael O'Haire, developed seven points of concern that need to be addressed (see attached letter). Staff has reviewed these seven points and feel they are reasonable. Staff recommends that the Board take the following actions: 1. Agree in principle to the seven points outlined in Michael O'Haire's letter. 2. Request that the IRFWCD Board of Supervisors accept the proposed road cross sections pending a formal Agreement with Indian River County that includes the seven points of concern. AUGUST 1, 1995 LAW OFFICES OF O'HAIRE, QUINN, CANDLER & O'HAIRE MICHAEL IN .O D. OUINN 12131��s� 3111 CARDINAL DRIVE RICHARD RICHARD BI CAN^� SEAN O�HAIRE V ^� VERO BEACH, FLORIDA 32963 p. O. BOX 4375 VERO BEACH. FLORIDA 32964 <o JUL 1995 Zo (407) 231-6900 V7 2 FACSIMILE TRANSMISSIONS: co Q July 7, 1995 (407) 231- 9729 Jim Davis, Public Works Director Indian River County 1840 - 25th Street Vero Beach, Florida 32960 Re: Indian River Farms Water Control District/ Indian River County/58th Avenue right-of-way Dear Jim: Following your meeting with the Board of Supervisors of the Water Control District, the Board, after discussion, asked me to write you memorializing concerns they feel need to be addressed, as follows: 1. The biggest single potential for problemsthe District's making its right-of-way available forroadu elt to the County is foreclosure in the future of the ability to increase storage capacity for- retention of waters by the. District through expansion of its lateral paralleling the roadway. This is not a theoretical problem, but one which has been voiced as a potential solution to what some agencies perceive is a problem with the District's designed primary discharge into the Indian River. The District would like formal and written assurances from the .County that, in consideration of the District's making its canal right-of- way available for 58th, Avenue construction and widening, the County will bear the expense of acquiring an equivalent amount of land in a suitable location if, and only if, the District -is pressured some time in the future to expand its storage and water retention capacity. 2. All vegetation removal, since it is such a controversial subject, will be the County's sole decision and sole financial responsibility. If questions are asked or complaints made, inquiries will be referred to the County. 3. Following the controversy over the City of Vero -Beach's location of the high voltage transmission line along Water Control District right-of-way, the District adopted a policy requiring - notice to all adjacent the of third party use of District - -- right-of-way and a public hearing on the subject. Since it is anticipated that vegetation removal easterly of the District's lateral, required by -expansion of the road, will provoke a lot -of comment from the more -urban areas adjacent to the'proposed new maintenance right-of-way and an opportunity for the public to be heard and answered is essential. Inquiries will be referred to the County as the responsible agency. 31 6DOK 95 ��If�� .�ll AUGUST 1, 1995 'BQOK Ffi! 4. When the project is commenced, the contractor must bond to the District as well as to the County to perform construction in —good and workmanlike fashion and according to design. 5. The County will agree to undertake with money and equipment to address any problems created in the future by reshaping canal -banks and any cave-ins or bank loss or obstructions to the flow of water by silting or otherwise. This assistance would be in the form of men and personnel or money in removal and hauling away any obstructive material. I understand that the District and the County have always cooperated in this regard. 6. The County, during construction, will not impede or obstruct, or permit the contractor or its subcontractors to impede or obstruct, flow in the District Is canal without prior Board approval. 7: The •County will reimburse the District for all professional fees associated with 58th Avenue improvements, their design and approval. With best regards, I remain Commissioner Bird asked if we are taking on the responsibility of erosion along the canal bank, and Public Works Director Jim Davis explained that we hope to solve that problem by removing 4-5 feet of that poor soil along the bank and replacing it with sand. We did assume responsibility in that area. Commissioner Bird asked about installing guardrails, and Director Davis advised that we are trying to get away from guardrails because of the difficulty in maintaining the immediate area. At this time there is about 6-8 feet behind the guardrail to the top of the slope of the canal. There is some additional right- of-way east of the canal where the drag line can do major cleaning. There would be 10-12 feet between the canal and the curb. Commissioner Tippin pointed out that is a lot more than we have now, and he believed guardrails are dangerous. Director Davis explained that there is a curb and gutter on the outside of the road that would slow down a vehicle. At the current time, we do show a curb. We have considered eliminating it, but Engineering is considering whether or not the guardrail is an additional safety factor. 32 AUGUST 1, 1995 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved staff recommendation as set out in the above memo. SAID AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 41ST STREET & 45TH STREET IMPROVEMENTS FROM U.S. #1 TO INDIAN RIVER BOULEVARD - WORK ORDER #3 - GLACE & RADCLUTE. INC. The Board reviewed the following memo dated 7/24/95: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo ep'fl 5r 9(6 FROM: Tent' B. Thompson, P. Capital Projects Manag r SUBJECT: Amendment No. 1 to Work Order No. 3 41st Street and 45th Street Improvements From U.S. 1 to Indian River Boulevard DATE: July 24, 1995 Glace & Radcliffe, Inc. is finalizing the construction drawings for 41st Street and 45th Street from U.S. 1 to Indian River Boulevard. County staff has requested revisions to the typical section to improve safety and reduce maintenance. The fee for these revisions is $4,132. The original agreement did not include final certification of the completed project by the Engineer of Record as required by the FDOT and the SJRWMD. The fee for final certification is $1,500. The attached Amendment No. 1 provides for finalizing the plans and final certification. The total compensation due the Engineer for Amendment No. 1 is $5,632. This added to the current contract amount of $8,406 results in a revised contract amount of $14,038. Staff recommends approval of Amendment No. 1 to Work Order No. 3 in the amount of $5,632. Funding is from Account 309-215-541-033.13. 33 AUGUST 1, 1995 800K -95 µ T 8:38 IffK Af� ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Amendment No. 1 to Work Order No. 3 with Glace & Radcliffe, Inc. in the amount of $5,632. AMENDMENT #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD VERO LAKE ESTATES MSSW PERM I TING AGREEMENT - AMENDMENT ##1 - CARTER & ASSOCIATES The Board reviewed the following memo dated 7/24/95: TO: James E. Chandler, ,�� t--- Ci' County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Don G. Donaldson, P.E., Coastal Engineer SUBJECT: Amendment No. 1 to Carter & Associates, Inc., Vero Lake Estates MSSW Permitting Agreement County Project # 8226.1 DATE: July 24, 1995 FILE: VLE8226.AGN DESCRIPTION AND CONDITIONS Carter & Associates, Inc. has been retained by the County to prepare an application to St. Johns River Water Management District (SJRWMD) for a drainage retrofit of the Vero Lake Estates Drainage System. They are currently preparing the drawings and drainage calculations for submittal to SJRWMD. The drainage calculations do require additional survey information that the County does not have. The Public Works Department has been using the county survey crews to gather survey information for Vero Lake Estates and other projects. These other county projects have created their own demands for survey information and the survey division does not have the capability to meet all the demands placed• on their division at this time. The Public Works Department has requested Carter Associates prepare costs for the additional survey work. (See attached) The Public Works Department feels it is in the County's best interest to not delay Carter & Associates, Inc. from completing the permit application and drainage calculations. ALTERNATIVES AND ANALYSIS The following alternatives are -presented: -- 34 AUGUST 1, 1995 Alternative No. 1 Authorize the Chairman to execute Amendment No. 1 to the Agreement with Carter & Associates, Inc. and proceed with obtaining the additional survey requirements as outlined in their proposal for Parts I & II at an additional cost of $9,100 for a Not -to -Exceed Lump Sum Fee of $84,750 on the entire Agreement. This will enable Carter & Associates to continue to work on the project without delay and will free up County survey crews to devote more time to other projects. Alternative No. 2 Not approve Amendment No. 1 thereby requiring County Survey staff to complete the survey requirements for the Vero Lake Estates project. This action will delay the completion of the drainage calculations until all survey work is complete. RECOMb=MTIONS AND FUNDING Staff recommend_sAlternative No. 1. Funding is from the Vero Lake Estates MSTU. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Alternative No. 1, as recommended by staff. AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESCHEDULING OF PUBLIC HEARING ON WILLOW STREET PAVING Public Works Director Jim Davis requested a delay of the August 24 meeting until after September 5 to give staff adequate time to prepare assessment rolls and send out a registered mailing prior to the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously rescheduled a public hearing for Tuesday, September 12, 1995 at 7:00 p.m. in Fellsmere to consider the Willow Street paving project. 35 800K 95, , F 840 AUGUST 1, 1995 NORTH U.S. #1 WATER MAIN - CHANGE ORDER NO. 5 & FINAL PAY REQUEST - SPEEGLE CONSTRUCTION The Board reviewed the following memo dated 7/17/95: DATE:- JULY 17, 1995 /61 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. P DIRECTOR OF UT SERVICES PREPARED WILLIAM F. Mc AND STAFFED CAPITAL PROJE S GINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: NORTH U.S. WATER MAIN CHANGE ORDER NO. 5, PAY REQUEST NO. 8 INDIAN RIVER COUNTY PROJECT NO. UW -93 -03 -DS The portion of this project in Indian River County is complete, and the Utilities Department wishes to finalize the contract paper work associated with it. Please see attached Change Order No. 5 and Pay Request No. S. ANALYSIS The engineer, in conjunction with the Utilities Department, has put together a --final quantity reconciliation change order in the amount of $41,905.85. This amount represents a deduction to the portion of this project, which is solely the responsibility of the County. We have also eliminated the retainage on this portion of the contract as the lines have been tested, cleared by DEP and accepted by the County. The attached pay request reflects both the quantity adjustment, as well as the retainage -reduction. RECOMMENDATION The staff of the Department of Utility Services recommends the Board of County Commissioners approve the attached Change Order No. 5 and Pay Request No. 8, as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Change Order #5, and Pay Request #8, as set out in staff's recommendation. CHANGE ORDER & PAY REQUEST ON FILE IN OFFICE OF CLERK TO THE BOARD 36 AUGUST 1, 1995 RESOLUTIONS AMENDING WATER AND WASTEWATER FRANCHLSE AGREEMENTS WITH CITY OF VERO BEACH The Board reviewed the following memo dated 6/29/95: TO: BoaSO of,County Commissioners - FROM: Charles P. Vitunac, County Attorney DATE: June 29, 1995 RE: (1) Resolution Amending Wastewater Franchise Agreement between City of Vero Beach and Indian River County (2) Resolution Amending Water Franchise Agreement between City of Vero Beach and Indian River County The first resolution presented for approval contains provisions which amend the County's wastewater franchise agreement with Vero Beach by confirming the City's right to operate a reclaimed water system and authorizing the use of statutory special assessments to finance costs of a reclaimed water system in the franchise area. The second resolution amends the water franchise agreement between the County and Vero Beach -by -removing language- from the agreement which would prevent the City from operating a non -potable water system. -- Requested action: staff recommends.adoption of both resolutions. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolutions 95-91 and 95-92, amending water and wastewater franchise agreements with City of Vero Beach. eines c.aA M-riEus i ms RE&W-1a RESOLUTION NO. 95- 91 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 87-14 WHICH GRANTED TO THE CITY OF VERO BEACH A WASTEWATER FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; CONFIRMING THE RIGHT OF THE CITY OF VERO BEACH TO OPERATE A RECLAIMED WATER SYSTEM AS PART OF ITS WASTEWATER FRANCHISE; CONFIRMING AND AUTHORIZING THE USE OF STATUTORY SPECIAL ASSESSMENT POWERS TO FINANCE THE CAPITAL COSTS OF A RECLAIMED WATER DISTRIBUTION SYSTEM WITHIN THE FRANCHISE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County adopted Resolution 87-14 granting to the City of Vero Beach, its successors or assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and AUGUST 1, 1995 37 goof 95 wq,,��A2 NA F� RESOLUTION 95-91 operate a public wastewater system in certain unincorporated areas of Indian River County; and WHEREAS, the City of Vero Beach has relied on this franchise agreement in constructing, maintaining, and operating public wastewater systems in certain unincorporated areas of Indian River County; and WHEREAS, the City of Vero Beach has elected to enter into a reclaimed water program as a method -for the disposal of wastewater effluent; and WHEREAS, the original franchise agreement set forth in Resolution 87-14 does not specifically provide a definition of wastewater to include reclaimed water as a wastewater disposal__ technique; and WHEREAS, the City wishes to expand its reclaimed water distribution system to retail customers in the wastewater franchise area; and WHEREAS, the reuse of reclaimed wastewater is an integral part of wastewater disposal. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT Resolution 87- 14 is hereby amended to read as follows: Section 1 - Technical Changes. The section(s) below are amended as follows ( all deletions are depicted by striking over the language, and all additions are depicted by underlining): Section 2 - Amendment. Section 1 of the aforementioned agreement is amended to read as follows: That there is hereby granted to the City of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in, under, upon, over and across the present and future streets, alleys, bridges easements and 38 AUGUST 1, 1995 M RESOLUTION 95-91 other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such unincorporated areas are defined in Exhibit A, and its successors, in accordance with established practices with respect to wastewater system construction and maintenance, for a period of thirty ( 30 ) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the purpose of supplying wastewater service to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits Section 3 --Amendment. Section 6 of the aforementioned agreement is hereby amended to read as_. follows: Prior to the imposition of any franchise fee by the Grantor, the Grantor shall give a minimum of sixty (60) days notice to the Grantee of the imposition of such fee. Such fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of wastewater service to customers within the Franchise area. Said fee, at the option of the Grantee, may be shown as an additional charge on affected utility bills. The franchise fee, if imposed, shall not exceed six (6%) per cent of applicable gross revenues. Should the Grantee refuse to accept an ordinance of the Grantor imposing such a fee, this franchise shall become null and void. Section -4 - Amendment. Section 8 of the aforementioned agreement is hereby amended to read as follows: As further consideration of this franchise, the Grantor agrees not to engage in or permit any person other than the Grantee to engage in the business of providing wastewater service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns_-�- with the -e*eept-leaee� _a�}y�.n eEs eek -sewed a t GEaatee ^^ a effeetive- date -e the-€ L' Such customers may be served by the Grantee, upon request by them, and after appropriate approvals by the Grantor and any other affected parties. In the event Grantee is unahl a nr ttnwi V1 ; rnrr +-, may service such customers at Grantor's option. 600K AUGUST 1, 1995 39 96' 4C $44' aooK 95 PAGE % RESOLUTION 95-91 Additionally, the Grantee shall have the authority to: enter into Developer Agreements with the developers of real estate projects and other consumers within the franchise territory, which agreements may include, but not be limited to provisions relating to: +-I+ 1g.1 advance payment of contributions in aid of construction to finance system expansion and/or extension, +2+ Jhl revenue guarantees or other such arrangements as may make the expansion/extension self supporting, +3+ _j c)_ capacity reservation fees, f4-} (d) Prorata allocations of plant expansion, main extension charges between two or more developers. Developer Agreements entered into by the Grantee shall be fair, just and non-discriminatory'. _L2 I To avail itself of any of the rights of Grantor or Section 5 - Ratification. Except as specifically amended in this Resolution all the terms, conditions, and encumbrances contained in resolution 87-14 are hereby ratified and confirmed. Section 6 - Effective Date. This Resolution shall take effect upon adoption. ATTEST: J f R; Ba ton lerk Approved as to form and legal sufficiency: IAda9 fl-Vw CG Leg- _ ai Charles P. Vitunac County Attorney Risk M gr. AUGUST 1, 1995 Ar,proved 40 BOARD OF`COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 46en Macht, Chairman Approved by Board 8-1-95 Date W23M C.A./9-.M-REU8EMS HE8.87-13 RESOLUTION NO. 95-92 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 87-13; WHICH GRANTED TO THE CITY OF VERO BEACH A WATER FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; DELETING A PROVISION RELATING TO NON -POTABLE WATER SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County adopted Resolution 87-13 granting to the City of Vero Beach, its successors or assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public water system in certain unincorporated areas of Indian River County; and WHEREAS, the City of Vero Beach has elected to enter into a reclaimed water program as a method for the disposal of wastewater effluent and as a benefit to the environment; and WHEREAS, a reclaimed water system is an integral part of wastewater disposal. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT RESOLUTION 87- 13 IS HEREBY AMENDED TO READ AS FOLLOWS: Section 1 - Technical Chancres. The section (s) below are amended as follows ( all deletions are depicted by striking over the language, and all additions are depicted by underlining): Section 2 - Amendment. Section 8 of the aforementioned Resolution 87-13 is hereby amended to read as follows: Section 8. As further consideration of this franchise, the Grantor agrees not to engage in or permit any person other than the Grantee to engage in the business of distributing and selling water during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns_ t.7; + a ,A-- , ,ewing ept e - --ARY son petable—water- zew—, epeEated bl —t om G -- 41 ,� f%hi;F $4l1 AUGUST 1, 1995 8W 95 Plu 84 7 RESOLUTION 95-92 {2} The Grantee shall have the authority to enter into Developer Agreements with the developers of real estate projects and other consumers within the franchise territory, which agreements may include, but not be limited to provisions relating to; advance payment of contributions in aid of construction to finance system expansion and/or extension, +b+ Ll revenue guarantees or other such arrange- ments as may make the expansion/extension self supporting, -fie } J_U capacity reservation fees, -(-- prorata allocations of plant expansion/ main extension charges between two or more developers. Developer Agreements entered into by the_ Grantee shall be fair, just and non-discriminatory. Section 3 - Ratification. Except as specifically amended in this Resolution all the terms, conditions, and encumbrances contained in resolution 87-13 are hereby ratified and confirmed. Section 4 - Effective Date. This Resolution shall take effect upon adoption. ATTEST: Jeff R. Ba� � Approved as to form legal sufficiency: M W" faz e C& I Fovea < - i1Yi 1111 L j suvgel Charles P. Vitunac County Attorney AUGUST 1. 1995 �►ii 42 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA en Macht, Chairman Approved`by Board 8-1-95 Date There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:49 a.m. ATTEST: J. K. arton, Clerk Kenneth R. Macht, Chairman Minutes approved - 6- ! , 43 bUUh 9µtu 648 AUGUST 1, 1995 L-