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9/12/1995 (2)
MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E NI- D A JOINT MEETING OF INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND FELLSMERE CITY COUNCIL 7:00 P.M. - TUESDAY, SEPTEMBER 12, 1995 Fellsmere Elementary School Cafeteria 50 North Cypress Street Fellsmere, Florida 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) Robert C. Baker, Mayor Dale Carter Steven Fuller, Sr. James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board Thomas L. Hall, Jr. Paul Phillips Dorothy Thomas 7:00 p.m. PUBLIC HEARING FOR THE PAVING AND DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW STREET) FROM CR 512 SOUTH TO 77TH STREET / DITCH 24, APPROXIMATE LENGTH 2.21 MILES (memorandum dated August 30, 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. SPECIAL MEETING - F Tuesday, September 12, 1995 The Board of County Commissioners of Indian River County, Florida, met in Special Joint Session at the Fellsmere Elementary School Cafeteria, 50 North Cypress Street, Fellsmere, Florida, on Tuesday, September 12, 1995, at 7:00 P. M. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John W. Tippin. Present from the City of Fellsmere were Robert C. Baker, Mayor; Dale Carter, Deputy Mayor; Council Members Steven Fuller, Sr.; Thomas L. Hall, Jr.; Paul Phillips; and Dorothy Thomas. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; Jim Davis, Public Works Director; Roger Cain, County Engineer; Michelle Gentile, Engineer, Special Assessments/Roads; Alice White, Executive Aide to the County Commission; and Patricia Ridgely, Deputy Clerk. Also present from the City of Fellsmere were Warren Dill, Attorney for the City of Fellsmere; John Little, City Manager; Debra Krages, City Clerk; and Sue Morin, Deputy Clerk. Fellsmere City Manager John Little welcomed everyone and explained that because there was only one microphone connected to the public address system he would have to bring the microphone to each speaker. Chairman Macht called the meeting to order and -asked Mayor Baker to lead the Pledge of Allegiance to the Flag. Clerk Krages called the roll and all members of the City of Fellsmere Council were present. Mayor Baker welcomed the large number of interested citizens in attendance and requested that everyone be patient and they would have an opportunity to speak. He also asked that they please refrain from outside conversations so that the meeting could be recorded by the clerks and court reporter. He turned the meeting over to Chairman Macht. Chairman Macht requested that when the public hearing was opened each speaker identify themselves as required for the record. 1 BOOK 9b PAGF. 34 September 12, 1995 i pm 96 FACE 9 - - - — -�itc NOTtcE PAVING 8 DRAINAGE IMPROVEMENTS TO 130TH AVENDE ryypLpW STREET) FROM CR512 SOUTH TO 77TH STREETfo 124, APPROXI VERO BEACH PRESS -JOURNAL MATE LENGTH 221 MILES Published Dully RESOLUTION NO. W90. INDIAN RIVERFI.MDDKOMWM A RESOLUTION OF THE BOARD OF Vero Beach. bion Rarer Counfly. Flora a COUNTY COMMISSIONERS OF INDIAN 1229008 Aug• 30,1998 RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE COUNTY OF INDIAN RIVER: STATE OF FLORIDA IMPROVEMENTS TO 130TH AVENUE (WIL (OWFROM CR512 SOUTH Before the undersigned authority personally appear J. J. Schumann, Jr. who on oat the Vero Beach Press -Journal, a daily newspaper published I'D 77TH STR/DiTCH 24, APPROXI- MATE LENGTH' 2.21 MLE$. PROVIDING says that he is Business Manager of at Vero Beach in Indian River county, Florida that the attached copy of advertisement, being THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESS a MENTS, NUMBER OF ANNUAL INSTALL- r MENTS, AND LEGAL DESCRIPTION • OF THE AREA SPECIFICALLY BENEFITED. in the matter of WHEREAS. the Corlty Pubic Warta Department has ''flited a pudhlo impR7vemen. asseemnen with the 000perat" nI haw the.FeBsme►eIIlimpotir owners Road 5Oi 1 rtB0uth to Court. was purr _ in the 130th Ahrefor rale�(Wr]bvtf�Sireet) the Barry Groves enhance. WHEREAS, the OOnSUuationOf paving and drakl_Is improvernants bys fished in said newspaper in the issues of / aethorbW byChapterup llB�a Section 206.01 through 206.09, trblan River C rlty Code; and cost esti- mates and preliminary Basses rola have beech ed by- e Pubic W� and t e Affiant further says that h said Vero Beach Press -Journal is a newspaper Published a County. Florida, and that the said newspaper has heretofore �t i0t81 @6W 00� pf drainage Is WON HUN RED Vero Beach, in said Indian River been continuously published in said Indian River County. Florida, each daily and has been class thi post office ter atifirstP of the 8t ached Copy ach. in said Indian River not tar —irnprovements FORTY FOUR THOUSAND, SIX itU1JDRED F�- TEEN DOLLARS TWENTY-ONE CENTS Pro ublication od of one yeit ty.iFlOda. for a Pennext preceding h further says that he has neither paid nor promised any person. firm ami ($744,61521Y and advertisernent and affiant or corporation any discount, rebate, commission or refund for the Purpose of securing this :WHEREAS, ft benefflBd am itrkWes am In the hIOINpontled City of Felsmere and unin corpo-A.D. advertisement for publication in the said newspaper. 191-- ' rated Indian Rover qty, the cost to be bone by sworn to and subscribed before ma this J& day ° the incorporated City of Felsmere alai be as Be AIn � f'by �r (Business Manager) WHEREAS, the ardent to be assessed to Ci.. . propertea in the unincorporated Canty oral be the cost less the cast assessed to prOpBr iotel 0ties :. In � Gted CRY of by thin e � Ffor (SEAL) atFelsmere The ass Croe h 11ho••orpaated +may shat be dews fol. Iowa I- A front footage charge of $6.00 per from foot In the unincorporated camty: acid I A 75% ofan assessment based on to rtlon rgoryf 1 Wasp to, the total nUrnber V trcxf� In the Mhaflted �atrict in the urft arpo- rated county. The nernabib 25% portion Of this SII from part Of the total assessment came cow Iltlggaly available acoaglts and will not be N q I and WHEREAS, the special assessment Shall become ; L>o19 43 fto* 46due the following. ihlodcs, bis Q trialsvYtllCth ap ard eDike of the TWE C01190W Iddon days the on the PM HwelfilloccL of of RIMCM�ty miler (90) after final delarmi the par m pl, ria i^� 2 the Felsrrher9 Famis hatim of special assessment puusu and ID Section 206.08, khdimh River Caa,ty Code: 1 of the _ of St. Lucia Co>1rlly, Page 4' .WHERE, 1, 2, 15 and 16 and the North 15.5 feet of any assessment not paid within Bald namely (9) day period shall bear Interest Lots 3 and 14 in Tract 1954 uLda'3°>Urd 14'IFSS North 15.6 feet, AND beyond the dole date at a rate established by the Board of Calmly Cartmissiorhers at the time of (iiia 4 W d`13In?rest 1954. ' Lois 5 trough 12 In Tract 1964 **penton of the final assemrthem rot, and shell be „ payable In two 2) equal-InsteRnertts, the first to be cede Ive (1 months from the due date and rwTmot1955 �h�yFbddL ALL now �y�pilh Yidhtrh River , 11 E, BE IT R�OL 01 � THE '•VHF EA,, BmBrra nation the nature and be dLa Yearly; and . .`;�' MMOWNERS foflovrx Ahtdpaw Usage of tree , oUW RIM CIOU TY, FLOR10kas 111h 1. The 101recitals. ane affin. and raffled 438W hicave refined 00 the � bell = these for � i ardrainage o 130th Ati m �to wittD folowi blocks, lots Or tracts as ehovvn an the 12 M= " affirs= ihereta 9126 is g Plat of Felamere FilmCar�rly Sllbd+eisbn of al UnMriayed part of Toxo 31 South, Rerge 37 ANO it�e d P to . the tierce outYhed Wereby aPPr of Griper East In SL hide County. Florida, dated Mardi 1, ,�,�,a-�-.�—hh•�- above and at iHlwer C.gfliyr�' • 911, and recorded among t o Pubic Records of 206, fit a9Q, bld8hh Commis - �dy In Plot Book 2 Pages 1 and 2 Trod K Tract 1747 through 1754. Th9 Eggert who moved I motion eforhei Eggert upon Trod 1839 111110UjIll 104swwded and. by yvB l�ueshptD was as ti. 1939 tra19b5 Teed tgt► vote Kenneth R. Mmht' Aye Tinct 2029 2064, C. Tract 2129 t r 2164 A y� 1rm1 Frd1 S. Adam e w Throt 2384 TheWest %Tract 2429 ; Converdsiebw VAUDI h ti � ft resolution The East %Tract 2429 day l>� g�Opadopted pD OF (�tsMY GOdtft • Tract 2430'OF The ntWTr�2� ' INDIAN RIVERFI.MDDKOMWM The EIt ' Tract 2432 had 2457 The East % Treat 2456 Altest-WX BuM Bir Patricia M. Ridgely, D.C. The West W Treat 2468 ' 1229008 Aug• 30,1998 TW2459 hv* 2463 ' TheEast%TMd2484 The West %Traci 2464 ' ALSO, The fobvrirg treds Lnrrm01V ftW as Tref 115 LESS the West 92.25 feat Tract 116 tlroclgth 118 Tricot 216 LESS the West 92.26 fast Trate 218 trough 219 Tract 315 LESS the West 9225 feet Trac# 318 Brough 319 Tract 415 LESS the West 9225 feet —Tred 415 through 419 ALSO the folowing lots whkfh appear on the plat of ;glonrigside Park, 1lrooded In Plat Book 1, Pae 93 the Pubic Records of Wm R1. Coolly, Act, acid 2 - September 12, 1995 VERO BEACH PRESS -JOURNAL Published Daily Vero Beath, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA L PAVING B DRAINAGE IMPROVEMENT i 130TH AVENUE " FROM { SOUTH TO 77TH STREET 24 AI MATE LENGTH 2.21 MILES Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press-.IDUrnal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being . L. In the matter in the Courtwas pub. fished in said newspaper in the issues of 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 matterat 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. Svi om to and subscribed before me this 15- day o 9 >f : (Business Manager) (SEAL) 3 September 12, 1995 A RESOLUTION OF NOIAN RIVER COUN- Ty, FLORIDA, SETTING A TIME AND PLACE AT MUCH THE MOIER�S,LpOFF STTRRPROEET)Y FROMERTY ON �AVENUE TO BERRY GROVES ENTRANCE Akin AND m 'N'J rwvhhvr3 AND DRAINAGE IM- PROVEMENTS TO SAID PROPERTY AS TO THE COST TFEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECWJ.Y ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY WHEREAS, the Board of Courcy Commbabnere Of Irhd en River CM= Imo. by Res*ft No. 95r 99, determined that $ is necessary for the pubic welfare of the ldvdhzperg of the o� , and pertain" W thosewNhin Mft the area desabed� ard ddrainage MP►OYSInenm be made to and ploperty the Board Of c� Carmisskiners hasaused an assessment rdw,Dbted Wd filed with the Clerk to the Board; and INHCode, rimes to the � Yof C my alorhers Mal fix a time and plea at� the owrh- ere of the prhspertss b be aeaeased or arty other Bood of COW* b;;Q0;W A? Zbe heard as to the prop" ard a CM%W Be manner of PAypoprrlerit alltherefor, the and a � b6r1B9t9d to be a89eB80d BOARD OF Cot#M BEBY THE S OF IN. DIAN RIVER COUNTY, FLORIDA, as falowa 1. The Winty, Umniaior shah meet at the Fels- FeINrIN F ' 9 °eh the ow of 7. P.M. on Tuesday. September 12, 1995, at which tirre the owners of the properties to be ee- sessed - andaenrtyy other Yhterested psaons may sP Pear before :% CammBah and be hhmr/ In w to sold ProPsrh: The eros to'be t'nproved and properties to be epecrdy bereNted are more PWbmftV described M the 803088ftlent plot and Wre rn Kerd MI with nQW W the spedel as - 2. All person Interested In the Offatluaft of said kMMvwnwft the two beSped* beneflW w review the a�enerd Piet lo seaeed be as - the assessment rat, the Pierre turd speoi. aW an tthBreef at Clerk a f Board any weekday from 9:30 A.M. uit15:00'J41. tNotice of ttee fire and piece of tie it Ihearinp �� h the Vem Bergh MWtr=t of�-im y + me he pbkdm " be ore week a walk �prlor to the date of the hew- ^ e to 9W the ame of arm POP rtyQ" DWwbnft of ID bac epeobly Assessed at best ten days naft In writing Of sum *119 Uld �D a re t s a dhMnOft tto eked► of s Prsavedp erhr wvners at his Isst krowrh Address, T1ha resolution wee trend for adcptpt Ay, CWW Eqpt Conerisabrwr Ahluadre Lq n was IP NXI'Iby vote, the vote was as fabws: • b e Chrokrrm KwrWh R. Medi Afro Vbe Cheinnerh Fran B. AT1dppappm�hs Aye CornriftsionerjohnCommisakner Rldwd N. Bird ye Aye resduum du passed end Ado d � of kqwL ,. BOARD OF COUNTY COt OF INDIAN RIVER COUNTY, FLORIDA Attest -s -ix Ba tM CCllerk Chi By: Patrtola M.RIdpe�r. D.C. Aug. 30, Sept 5.19% 1229007 BOOK 96 FAU 36 PUn� 96 PAGE 37 The Board and Council Members reviewed a Memorandum of August 30, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. Poll County Engineer Nal FROM: Michelle A. Gentile, C.E.T. Civil Engineer -maj SUBJECT: Public Hearing for the Paving & Drainage Improvements to 130th Avenue (Willow Street) from CR512 South to 77th Street/Ditch 24, Approximate Length 2.21 Miles DATE: __ August 30, 1995 DESCRIPTION AND CONDITIONS On August 22, 1995 the Board of County Commissioners adopted Resolution No. 95-96 providing for certain paving and drainage improvements to 130th Avenue (Willow Street) from CR512 South -to 77th Street/Ditch 24, approximate length 2.21 miles. This is Public Works Department initiated public improvement assessment in cooperation with the Fellsmere property owners. On August 22, 1995 the Board of County Commissioners adopted another Resolution 95-97 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for September 12, 1995 at 7:00 PM in the Fellsmere Elementary School cafeteria located at 50. N. Cypress Street, Fellsmere, Florida. RECOMMENDATION It is recommended that motions be made to approve the assessment roll, and confirming resolution with changes, if any, made after input at the September 12, 1995 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk - to the Board of County Commissioner's office. With the aid of an overhead and large Special Assessment Map, Public Works Director Jim Davis related the history of the approximately 2-21 mile long roadway known as Willow Street. 4 - September 12, 1995 U1 No Imim-00101 WILLOW STREET - -- i (130th Avenue) r i -r - - - PAVING PROJECT _... _ 1 ' 1• � ' � ' iL��jj j#�� 'M�.� ry L• 1� � w I w I .n 7- - �" .SPECIAL ASSESSMENT MAP r� 1 REST R ' N iLEGEND ' N lld.�plp.p fbJh*8TF EET NC THA i DITCH fie. 101 i j _ N aoaetu� ' .. TREET DI7' 0 �...rn.r - _ - ®ans�.�� .� 1 r FI • - � ..—.—.—._ 1 _8th MET l fT Nb. 0) ! --•_•_• _.—.-- -------- 1 1 _ — do i -_ • 1 w i ' 8945 tillITCH $I CI. 211 �- i w s• i r i w � . � � r � w � >s � -' i ` � ` r • j ' 1at STMET It71TCN N .421 r • r � - w w r m s m ® � � ! -• - - , tI I 1 1 T - i w. i 1701h STIRKET (DITCH NbI. 24) I - ; INDIAN RIVER COUNTY � 7th STNEET 1 ITCH Na 44) ! �� i PROPERTY APPRAISER BERRY ©ROVES 17S ACRES ----- --��N� 1 1 1 RUCK 96 F'%E 39 Director Davis announced the purpose of the meeting and gave a brief history of Willow Street since September of 1991 when a group of property owners attended a Board of County Commissioners' meeting and requested that the Board consider improved maintenance with the possibility of some kind of a paving program. At that time, the Board instructed staff to check on the availability of donation of right-of-way. At a 1992 joint meeting, concerns were expressed regarding funding and traffic from Berry Groves. Traffic studies were done and cost estimates were developed. Director Davis gave preliminary estimates of cost per acre and frontage assessments and described in detail the area to be assessed and how property owners benefitted from the paving of Willow Street. He - noted that it has been characteristic for the County to fund 25% of the cost of a project on a road such as Willow Street and that is what is being proposed tonight. The 25% would be for the unincorporated area and would result in a special assessment of about $199 per acre in the unincorporated area. The assessment in the city would be higher due to the fact that the 25% contribution by the County has not been included. He asked for questions from the Board or Council and there were none. County Attorney Vitunac noted for the record that the Board and Council Members were sitting as equalization boards at this meeting. Both boards have the power to change assessments down or up at the end of the meeting. If the boards pass resolution(s) making an assessment, the assessment on the property would begin tonight. He emphasized that tonight was the critical moment on the assessments, so if they had any comment to make, tonight was the time to make it. Warren Dill, Attorney for the City of Fellsmere, agreed with County Attorney Vitunac's statement. Council Member Hall inquired why Berry Groves was assessed for only 175 acres rather than all the acreage they own, and Director Davis explained in detail that it was because most of their traffic activity was along the east -west road that connects with CR -512. Someday, if they cease agricultural use, they probably would have to pay for 100% of roadway into their property. County staff felt the 175 acres was equitable based on their frontage along the assessment area. There being no further questions from the boards or staff comments, Chairman Macht opened the public hearing and asked if anyone wished to be heard in this matter. m September 12, 1995 M Phyllis Boisvert, 12655 81st Street, Fellsmere, inquired what had happened to the impact fees they had to pay when they built their house. Director Davis explained that impact fees are used for major arterial roads, previous and future widening. He added that impact fees from Fellsmere came to only $77,000, but the cost of the Willow Street project was estimated at $800,000. They are two different programs that serve two different functions. Peter Yurkiewicz, 175 S. Elm Street, Fellsmere, asked who the proprietor of Willow Street is and who has jurisdiction of it because both names were posted, both 130th Avenue and Willow Street. Director Davis explained in detail the right-of-way ownership, the maintenance and grading, and the interlocal agreement between the City of Fellsmere and the County. Lonnie Gore, 12995 93rd Place, Fellsmere, advised that he had surveyed Willow Street for the county in about 1961. At that time, they abandoned most of it and gave it to the property owners. He thought it had been a pretty good road and could continue to be with proper maintenance. He felt drainage should be no problem with proper maintenance. He thought the road had gotten really bad in the past few weeks and thought it was due to purposeful neglect. He wondered why there was no assessment when the county paved the north end of the road. Director Davis did not know the history on the north section. Susan Wilson, 12450 91st Street, Fellsmere, stated that she was glad to pay in order to avoid having to have her vehicle's front end aligned every three months. She had concern whether the city would be able to maintain it after it's paved and wanted assurance that it will be taken care of and not torn up. Director Davis commented that the Road and Bridge Department of the county actually has accelerated the grading in the unincorporated area. The unincorporated section of the road was graded on 8/11, 8/14, 8/25, 9/1, and 9/8. He added that recent rains have been very heavy. Frank Vilardi, 12555 79th Street, Fellsmere, believed the road is wide enough as it is now; he saw no reason to obtain right-of- way. He claimed Berry Grove employees use the road now as a raceway and garbage dump. He also commented on the abuse to the road from the trucks and other vehicles from the Fey sand mining operation. Director Davis admitted that the road would not be a boulevard, but it will be two 12 -foot lanes with a small paved 7 RiP 96 FAi,F 40 September 12, 1995 A Inorl 96' pw 41 shoulder. The need for right-of-way acquisition was for drainage and in order to get a permit from the SJRWMD. He advised of the findings of a traffic count done in 1993. The road is open to the public and would be designed and constructed to accommodate trucks. Grant Martin, 12500 91st Street, Fellsmere, emphasized that 50 acres belong to Fey who uses the road for his mining operation and he didn't understand why his assessment was $992. Director Davis explained that the Fey property is in the City Limits and Mr. Martin's assessment is based on the road frontage as well as acreage. Charlie Dyer, 12550 83rd Street, Fellsmere, advised that everyone was present because they received a notice. He asked for - a show of hands of how many were in favor, and how many were against. Chairman Macht requested that he not address the crowd, but to address the Board and Council. Mr. Dyer wanted the Board to be aware that the people need to have the road paved. Commissioner Adams advised that she had invited the Board to Fellsmere and requested that they be given the courtesy of the people. A gentleman (gave his name, inaudible), of 12305 87th Street, believed that people want the road but do not want to have to pay for it, that it should be paid with public funds when available. Maria Perez, owner of property on 83rd Street, questioned the study on Berry Groves traffic. She wondered if the reason they will not be'paying an assessment on all of their property is because they claim they use another road. She asked if a traffic study had been done on that as well. She stressed that a truck does more damage to a road than a car. She also questioned whether the north Willow Road owners had to pay when that section of the road was paved. Director Davis explained that a study was not done on the other part of the road, but staff was quite aware of their extensive use of the other road. He again explained that the road would be designed to handle truck traffic and outlined all the additional taxes paid by truckers for roadways. Council Member Thomas explained that north Willow Road property owners had to pay for paving about 25 years ago. Jim Cloughley, representing Berry Groves, pointed out that the company has been a taxpayer since 1971, pays substantial annual taxes, and gets very little direct benefit from their tax dollars. They maintain the road which is used by.90% of.thei.r traffic. He 8 - September 12, 1995 �I admitted their employees use Willow Street, but they are also county taxpayers. His main point was that they feel there would be no value added to their farming operation from the paving of Willow Street and it was their positimi that they were going to be subject to double taxation. Diane McNey, 12580 N. 89th Street, expressed concern for speeding once it's paved. She was not in favor, could not afford to pay for it, just wanted the road maintained. Kathy (unclear), property owner on 91st Street, asked what the weight limit would be after the road is paved and who would regulate it. Director Davis advised that there would not be a weight limit; the State has a legal weight limit for trucks, and the Florida Highway Patrol controls overweight vehicles. Chris Stapleton, who works for a company which owns a non - producing citrus grove in the easternmost 80 acres between 85th and 87th Streets, questioned the conveyance of the road and whether that figure had been included in the budget. He also asked whether funds for right-of-way acquisition were included in the $800,000. He did not understand the difference between funds held in the capital improvement fund and funds which would be obtained through assessment. He felt that the assessment formula- was. too simplistic; he thought a more creative charge based on usage would be better. Mr. Stapleton pointed out that the original petition was from 30 people. Director Davis stated that SJRWMD will not be paid for right- of-way, which will be handled through an interlocal agreement. The dollars for right-of-way acquisition have been programmed because they were not successful in getting donations. Staff hopes the right-of-way will be sold for a sensible cost; if it isn't, condemnation or eminent domain would be a last resort. Director Davis also explained the capital improvement program and Comprehensive Plan in detail. Al Smith, 12555 83rd Street, thought it is very important to get it paved and urged that it be done. Alice Stone, 12280 83rd Street, favored paving and expressed a willingness to pay the assessment. Eva Stoneroad, 229 S. Bay Street, Fellsmere, asked about maintenance, and Director Davis explained. Jeanne Ann Laurie, 7950 130th Avenue (S. Willow Street), stated she was happy to have the road paved but was concerned about financing her $4,000+ assessment. 9 moo 96 [nF.. 4 September 12, 1995 L Mfl 96 PAGF 43 Director Davis explained it would take about two years before Completion of the paving and the assessment actually is due upon completion. The owner has up to two years to pay after the assessment. County Attorney Vitunac explained that the lien would be placed upon the property as soon as the confirming resolution is adopted. He indicated that the County has had to file a foreclosure on a paving assessment. He advised that the interest at 8Z% would commence 90 days after the final notice. Bruce Barkett, representing property owner Albert H. Kahn, confirmed on the record with City Attorney Dill that Fellsmere operates under Florida Statutes Chapter 170, and that the providing - resolution was adopted on August 25, 1995. Mr. Barkett questioned whether or not the plans and specifications for the paving project were on file in the City's file on that date as required by the statute. Attorney Dill could not answer because he had not looked at the city file. Mr. Barkett called on Rod Reed who said he was advised today that no plans or specifications were on file. Director Davis explained that the County is managing the entire project, as agreed upon, and the County has the preliminary plans. In addition, it is anticipated the county road crew will be building the project. He offered the plans to Mr. Barkett.. Mr. Barkett advised that he pointed that out because there were a number of flaws with the process, the first of which was that the plans/specifications were not in the City of Fellsmere when the notice was published. He presented a case law file to County Attorney Vitunac. Chairman Macht asked if Mr. Barkett's client owned property in the city of Fellsmere. Mr. Barkett and County Attorney Vitunac stated that Mr. Kahn owns property in the county. Mr. Barkett advised that standing would not be an issue in the lawsuit. County Attorney Vitunac advised that although the hearings were simultaneous, one was being held for the County and one for the City. He assured Mr. Barkett that all the plans were on file as required by County ordinance and if Mr. Kahn's property is all in the county, then it was properly assessed at least as to that aspect. Chairman Macht asked if it would prevent the Board of County Commissioners from making a decision tonight and whether the City could act later after readvertising. County Attorney Vitunac explained that the City could redo whatever was needed and the County could continue. 10 - September 12, 1995 Mr. Barkett stated that his purpose was not to prevent the paving of Willow Street; he wanted to show that this was not the best or correct way and was not acceptable under State law. He questioned how the original proposal differed from this proposal. Director Davis explained the alternative was presented tonight, but after ground-truthing the area they realized the perimeter canal to the west was a better barrier for the assessment area and it was their opinion that the extension of the west perimeter made more common sense. Mr. Barkett pursued this line of questioning of Director Davis and Chairman Macht concerning the timeline of the paving of Willow Street planning process. He pointed out that 600 acres were added to the original plan and he believed they were added and the assessments were predicated upon the cost of the project. Mr. Barkett stressed that Fellsmere would be receiving a $185,000 benefit, yet there was only $46,000 assessed to property. He concluded that the county property owners were paying for it, which was not fair or just. Director Davis did not agree with Mr. Barkett's conclusion. Mr. Barkett argued special benefits had not been taken into consideration because no benefit analysis had been done, as required by the County's ordinance and Chapter 170. Mr. Barkett opposed the fact that assessments had been made for non -assessable lands: such as wetlands, rights-of-way, FPL easements, remote properties to the road, and that agricultural lands of one acre were assessed on the same basis as 1/4 acre residential lots. Mr. Barkett recalled the lowered area of assessment for Berry Groves and compared it to Mr. Kahn's area of assessment. He argued that Mr. Kahn's vacant property does not benefit by use of the road and it is not valid to reason that someday it might be used. Another reason why the assessment was invalid, illogical and unfair, Mr. Barkett pointed out, is that $150,000 was included in the assessment for right-of-way acquisition. All but 400 feet of the necessary right-of-way would be bought from Mr. Kahn and his money from the special assessment would be used to pay for it. He commented there is a fundamental due process problem with that. Mr. Barkett called on his professional engineer to analyze the special assessment and identify some of the things he perceived in the project. Carol Saunders, vice president of Williams Hatfield & Stoner, an engineering, planning, and surveying firm, added that generally you do not see county property paying for a city street in an 44 September 12, 1995 ROOK 96 pni, 4 assessment project. He saw some inequity in the approach of assessment. At the south end, an agreed upon impact is that 7-30% of the impact on the road is from the grove land, but they're only paying about 4.5% cost of the project. He agreed that trucks do have a heavier affect on the pavement. Mr. Barkett, in closing, urged that the Board not approve the paving project. He commented that they were asking staff to try to justify a decision under special assessment law that has been made politically, and was not under special assessment law. He contended that the assessment was backed into and no benefit analysis was done. Regina- Sousa, resident of Willow Street, felt that her assessment of $6,000 was too high to pay. She felt the $6 per front foot assessment was very unfair. She advised of a letter written just recently to Mr. Davis and signed by those who live on Willow Street who disagree with the $6 per front foot charge. She felt that should be reassessed. �ITo•S� �1..,�Is ��bM '�25�ac�1-S (..i.�,.�c:� �'1 I3o�i'rve.J �+2�.5•-,�c'�<c o I G C -t 5 I _OM 130 soA4\ C. 2.- _ 4+ke 61,co .rri212- " We L un D GQ t =—Cr- T .. _ N---._. 0 000 30+� AVE�e.L�S r1eQe _ -- �, c,. a eGoA\ $2$a13,+`' vee_ �aLZ3ne22—_ c _ — .— _ 3. S` 30E._-_. 5`lI- 0513 ,�u�• - - — 5 — 1001 Resino-^+ $lnce 5 W ne V Lc,nD Y217-0 36N AVB -RL_-- _— _ I V i 0 I-9so .1 12 - September 12, 1995 r � � Elea=r Yashewsk,:L, a property owner on the little triangle, felt Mr. Kahn can afford to pay, because he will benefit when he starts to develop his land. Dick Burgoon, owner of property on Willow Street and a piece called Fellsmere Woods, understood there had been a change from the original plan of where to assess. He stated he could use alternate routes other than Willow and wanted to be taken out of the assessment roll for certain of his properties. Mary Wilson, owner of property on 91st Street, had done some personal evaluation on the Berry property. She and others often use Mulberry to reach their property when Willow is not passable. She suggested that many others will use Willow when ; it,'s paved. She thought the County could be more creative in f inding more 'funds to pay for the paving in addition to the 25% already being used. Chuck Johnson, 12525 83rd Street, suggested the road be built as a residential road with a 6 inch base and an inch of asphalt. He was convinced that once the road is paved, more trucks will use it the majority of the time. He felt the road had gotten the extra grading recently in order to accommodate the school busses. Sigmund Yashewski, Mulberry Street, said he was going to start charging 100 per car. He was not looking forward to inhaling the fumes while sitting on his porch. Anita Waterstarke, 93rd Street, believed taxes would increase after the road was paved. She wondered who would pay for the side streets when it came time for them to be paved. She -was also concerned about the maintenance of the road after it was paved. Director Davis responded that just because the road is paved does not mean the Property Appraiser would raise the taxes. He also stated that the County would maintain the road in the unincorporated areas. Bob Lohse, 12375 89th Street, advised that he uses Mulberry. He was confused because he received an assessment early -in the year and had never received an up-to-date assessment notice on his properties. Director Davis advised that 200 letters had been mailed and he should have received one if he was in the yellow area on the map. Steve Helfman, representing Mr. Kahn, pointed out that assessments to county residents actually will be paying for the paving because Fellsmere citizens did not want to pay their fair share. He felt it was basically unfair and it was a lot of money. He said there was a problem with the $150,000 for right-of-way acquisition, saying that Mr. Kahn was being assessed for acquiring his own land and claimed the County would be short $156,000. He 13 Bm 96 FACF 46 September 12, 1995 MOF96 F'AGF 47 referred to some of the points made by Mr. Barkett and disagreed with Attorney Vitunac's advice that decisions can be split. He advised that cases presented to the County Attorney are on point. Mr. Helfman stated he went to the City Clerk's office today and the plans were not there. Wendy Austin, who lives outside of the assessed area, felt that the assessed area is flawed in two ways. She felt that Berry Groves should be assessed higher because of the greater benefit. She felt that parts of Fellsmere should be included in the assessment. She asked if other areas in Indian River County had been assessed as high as this. Director Davis responded affirmatively and commented some were more. County Attorney Vitunac wished to respond to comments of the lawyers. With regard to the question of Mr. Kahn's being assessed for his own right-of-way, it had been decided that since the County is contributing 25% of the project, which is more than $150,000, that would solve the problem of the constitutional question. As to the special benefit, the County addresses that issue in the first resolution for this project. He reiterated that this group is acting as an equalization board to adjust assessments based on fairness and reasonableness. He explained that the Board has the power to make an adjustment, but there has not been any testimony thus far which would lead them to do so. He asked Mr. Davis whether the property owners would derive special benefit from the paving. Director Davis confirmed that it was his opinion that the assessed property owners will receive a benefit due to the accessibility of the roadway. County Attorney Vitunac asked if the benefit would be more than the cost to the assessed property owners. Director Davis advised that in his opinion the benefit will be more than the cost per acre. In closing, County Attorney Vitunac cited the test, upheld a month ago by the Supreme Court of Florida, which requires that the property has to receive a special benefit and that the benefit has to be fairly apportioned. The Supreme Court had said that it was up to the legislative bodies to decide that and that they would not second guess the Board. Responding to Chairman Macht, County Attorney Vitunac clarified that it would be impossible for any county to do 22,000 acres of assessments because the cost of that process would be greater than the cost of the road. There was a certain implied 14- September 4 September 12, 1995 a _ � r understanding that by someone paying an assessment for road paving caused the property to be valued greater because it has a paved road._ The law does allow property owners to come in and prove otherwise if they can. The Board made a finding in its°first resolution that these properties do receive a benefit and Mr. Davis and half the audience testified to the various reasons why property owners would benefit and he thought they could presume the properties were increased in value by the cost of the road, subject to somebody proving otherwise. Teresa Hullfish, 12490 84th Street, was concerned about safety issues and felt something had to be done about the road. Stan Dismukes, 77th Street property, has to travel on the road every day and was willing to pay his share. He believed that paving the road would benefit many. Alvin Thomas urged that the project be continued and stated that the majority of the people want to do the project. Mr. Yurkiewicz, speaking again, took offense that Fellsmere residents do not pay. He claimed a "collector road" was not needed and that the reason it was being built "heavy duty" was for the benefit of business and not the household residents. Mr. Barkett wanted to make two points: first, that he wanted to dispute it because his client would not benefit. Secondly, his client owns in excess of 165 acres of wetlands that will not benefit at all, because those acres are unbuildable. He also pointed out that the ordinance says special assessments are to be placed on properties especially benefitted by the improvements "in proportion to the benefits derived therefrom". He reasoned that because an analysis had not been done, Director Davis, staff had only defined the area they thought was benefitted; therefore, in his opinion, the ordinance had not been satisfied because it was not done in proportion. Mr. Tillman, owner of property on 77th Street across the ditch from Berry Groves in the middle of the Kahn property, felt there was benefit to all properties in the yellow area (on the map) including Mr. Kahn. He suggested giving Mr. Kahn credit on the wetlands lots. He strongly favored paving the road. Ms. Wilson, speaking again, interjected her animosity for Mr. Kahn because he had, she said, raped the community. She felt he deserved to pay this and more. Mr. Vilardi, speaking again, felt that paving would make it easier for those who purchased land as speculation to sell their lots. He believed the residents want it and deserve it. 15 moo 96 PAGE 4 September 12, 1995 mr# 96 PAGE 4 Ms. Laurie, speaking again, on behalf of those who live on the road, appealed for more time to pay the assessment. There being no others who wished to be heard, Chairman Macht closed the hearing. Chairman Macht asked County Attorney Vitunac to clarify the Board's latitude. County Attorney Vitunac advised that if the Board wants to go ahead with the road program as presented, it would make a finding that it finds that the properties do receive a special benefit equal to or in excess of the cost to them; it could also make findings as to any wetlands or other properties, based on evidence presented tonight, reduce them or take them off the roll. It can - take other actions including not going ahead with the project, or some other alternative. Whatever the finding, if the Board does assess something, there will be a lien on the property as of tonight. The Board has the power to make spending plans as set out in the resolution or it can offer something new tonight. He suggested they make their resolution conditional on the City of Fellsmere assessing the amounts set forth. If the City does something else, the Board would have to revisit the issue. City Attorney Warren Dill agreed with what County Attorney Vitunac said about the duties and responsibilities of the respective boards. He explained that the Council's role was to listen to the public input, and decide whether the requirements of Chapter 170 had been met, which included a requirement that plans and specifications be on file with the City Clerk at the City Hall at the time of adoption of Resolution 95-X, on August 25, 1995, not today or tonight. He pointed out that while two governing bodies were sitting for their own separate hearings at a joint meeting, they were clearly operating under two different sets of rules. While he could not say whether Mr. Barkett would sue the City of Fellsmere on behalf of Mr. Kahn, if they did and were successful, the City would have to redo the process correcting any and all defects. He recounted that when Resolution 95-X was adopted, the Council had found that there was a direct and special benefit for the improvements. He explained that if the Council decided there was a need to adjust someone's assessment, they were obliged to do it tonight, but if they felt the assessments were fair and reasonable, then Resolution 95 -AA should be adopted. Attorney Dill identified the only potential difficulty was whether the plans were on file on August 25, 1995, and it would be up to Mr. Barkett to prove they were not. 16 - September 12, 1995 Director Davis recalled that he attended the meeting in Fellsmere on August 25th and recounted that he had carried a large file with him to the hearing with the plans and enough detail that anyone could understand the_ construction of the _roadway. Therefore, the plans were available on August 25th at City Hall. Prior to that meeting, in his office, he had asked Mr. Barkett if there was anything that he needed for the project and Mr. Barkett never mentioned the plans to him. They were available and he was free to look at them at any time and he knew that. Commissioner Eggert asserted that she had not heard any specific requests presented tonight for changes in the assessments. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Tippin, to adopt Resolution 95-103 confirming the assessment roll for certain paving and drainage improvements to 130th Avenue (Willow Street) with the understanding that there is a benefit equal to, or greater than the cost per acre charge; and that if the City of Fellsmere does not assess an amount equal to what they would have assessed tonight under this, it will be revisited by us. (Clerk's note: See amendment below.) _ Under discussion, Commissioner Tippin observed that no matter what was decided, it was not completely fair and that the Commission was not infallible. Commissioner Bird recalled that he had, at a previous meeting, talked about three alternatives. He had checked with Director Davis .on one of the alternatives and learned that this road was not on the Comprehensive Plan and probably would never be able to be funded that way, because of its rural nature. While the assessment program is not perfect, it is the best alternative. Commissioner Adams agreed it was not perfect. She wanted to try to help the people with larger assessments and asked if the Board would consider that any assessment over $2,000 be able to be paid out over four years instead of two. After consulting with staff, it was understood that it would be possible to do it and that it should be included in the motion. 17 door 96 PPF 59 September 12, 1995 BOOK, 96 pw 51 COMMISSIONER EGGERT AND COMMISSIONER TIPPIN AMENDED THEIR MOTION to allow anyone assessed over $2,000 to pay over a 4 -year period. Chairman Macht noted that the Board cares what happens to people in all parts of the county. THE CHAIRMAN CALLED THE QUESTION and Resolution 95-103, as amended, was adopted unanimously. Confirming (Third Reso.) 1/5/94(ENG)RES3.MAG\gfk RESOLUTION NO. 95- 103 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW STREET) FROM CR512 SOUTH TO 77TH STREET/DITCH 24. APPROXIMATE LENGTH 2.21 MILES WHEREAS, the Board of County -Commissioners of Indian River County adopted Resolution No. 95-96, providing for certain paving and drainage improvements to 130th Avenue (Willow Street) from CR512 south to 77th Street/Ditch 24, approximate length 2..21 miles; and WHEREAS, said resolution described the manner in which the special assessments are to be made and how the special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 95-97, on August 22, 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 I 18 - September 12, 1995 RESOLUTION NO. 95-103 WHEREAS, notice of the- time and- place of the public - hearing was published in the Vero Beach Press Journal Newspaper on August 30, 7Ly95 , and September 5, 1995, (twice one week apart, and 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 WHKREAS, the Board of County Commissioners of Indian River County on Tuesday, SeRtember 12, 1995, at 7:00 P.M. conducted the public hearing at Fellsmere Elementary School, 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 foregoing recitals are affirmed and ratified in their entirety. 2. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 3. 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. 4. 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. S. Any special assessment not paid within the ninety (90) day period described in Resolution 95-96 shall bear interest beyond the due date at 8 1/2%, and shall be payable in two 19 September 12, 1995 ALJQi 96 PAGE 3 RESOLUTION NO. 95-103 (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; except that any assessment of $2,000.00 or more may be paid in four (4) equal annual installments. This resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner T i p p i n , and, upon being put to a vote, the vote was as _ follows: Kenneth R. Macht, Chairman Aye Fran Be Adams, Vice Chairman Aye Commissioner John W. Tippin Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 12 day of September , 1995. BOARD OFz&UNTY COMKX"IONERS By 3t: IS Attachment: ASSESSMENT ROLL C:\WP60\DATA95\13000NF.RES , VLgRIDA Zeeii neth Be Macht CHAIRMAN Ind-ii-,:tid Cu A4t';vrd 0a:c Avrin Len31 CuJ�,;r 1 DLp t. Risk Mgr. This document ims prepared by and should be returned to the County Engineer's Office, 1840 25th Street, Vero Beach, FL 32960 " 20 - September 12, 1995 Chairman Macht turned the meeting over to Mayor Baker. Mayor Baker asked City Attorney Dill to read the proposed Fellsmere resolution. City Attorney Dill read the heading of the proposed resolution as required. A RESOLUTION OF THE CITY COUNCIL OF THE CITY.' OF FELLSMERE IN INDIAN RIVER COUNTY, FLORIDA CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW STREET) FROM CR -512 SOUTH TO 77TH STREET/DITCH 24, APPROXIMATE LENGTH 2.21 MILES Council Member Fuller expressed concern about those property owners within the city whose assessments were in excess of $2,000. Council Member Carter advised that there were five of them. Council Member Phillips mentioned that the people of Fellsmere do pay quite a bit of County taxes, in addition to City taxes, and the people on Willow Street deserve the road to be paved. Council Member Carter was concerned about the technical requirement concerning the plans being in the Clerk's Office as questioned by Mr. Barkett and asked Attorney Dill to explain. City Attorney Dill advised that if Mr. Barkett prevailed in a lawsuit, the City would have to start the process all over again and address the defects as determined by the court. Council Member Thomas suggested that people who have to pay over $6,000 be given four years to pay for it. Council Member Hall spoke in favor of the paving project and wanted to see it done the right way. Mayor Baker closed discussion and asked for a - motion and second. City Attorney Dill suggested they could add certain language to paragraph 4 of the proposed Resolution 95 -AA, to allow additional time for people to pay as well as a provision to allow 90 days as cash if desired. Mayor Carter wanted to make it clear to everyone and asked Attorney Dill to repeat the language. City Attorney Dill repeated the amended language in paragraph 4 (see Resolution 95 -AA below) and advised that if they wished to adopt the resolution with the amendment, they should adopt Resolution 95 -AA as amended. 21 54 September 12, 1995 N)P 96 IAU 55 ON MOTION. by Council Member Phillips, SECONDED by Council Member Hall, the Fellsmere City Council unanimously approved Resolution 95 -AA AS AMENDED. RESOLUTION 96 -AA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FELLSMERE IN INDIAN RIVER COUNTY, FLORIDA CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 130TH AVENUE (WILLOW STREET) FROM CR512 SOUTH TO 77TH STREET /DITCH 24. APPROXIMATE LENGTH 2.21 MILES WHEREAS, the City Council of the City of Fellsmere in Indian River County adopted by Resolution No. 95-X, providing for certain paving and drainage improvements to 130th Avenue (Willow Street) from CR512 south to 77th Street/Ditch 24, approximate length 2.21 miles; 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 WHEREAS, the resolution was published as required by Chapter 170, Florida Statutes; and WI ERFAS, the City Council of the City of Fellsmere in Indian River County passed Resolution No. 96-Y, on August 25, 1996, 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 Chapter 170, Florida Statutes; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on August 28, 1995, and September 4, 1995, (twice one week apart, and the last being one week prior to the hearing), as required by Chapter 170, Florida Statutes; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Chapter 170. Florida Statutes; and WHEREAS, the City Council of the City of Fellsmere in Indian River County on Tuesday September 12 1995 at 7.00 P.M. conducted the public hearing at Fellsmere Elementary School, with regard to the special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FELM[ERE IN INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. 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 messed until paid in full. -- 22- September 2September 12, 1995 FELLSMERE RESOLUTION 95—AA 3. 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. 4. Those property owners whose assessment is $2,000.00 or more shall be allowed to pay the assessment over a period of four (4) years at an interest rate of 8 1/2% per annum. All property owners whose assessment is less than 52,000.00 shall pay the assessment over a period of two (2) years, at an interest rate of 8 1/2% per annum. If the entire assessment is paid in full within 90 days after receiving the initial assessment bill there shall be no interest due. The resolution was moved for adoption by Council Member Phillips, and the motion was seconded by Council Member Hall, and, upon being put to a vote, the vote was as follows: Council Member Steven Fuller, Sr. aye Council Member Paul J. Phillips aye Council Member/Deputy Mayor Dale Carter aye Council Member Dorothy M. Thomas aye Council Member Thomas L. Hall, Jr. aye Mayor Robert C. Baker is a non-voting member of the Council. The Mayor thereupon declared the resolution duly passed and adopted this 12th day of September, 1995. ATTEST: Deborah C. Krages, City !Cler September 12, 1995 CITY OF FELLSMERE Ro rt C. Baker Mayor - 23 BOOK 96 " BOOK 96 PAGE 57 There being no further business, the meeting was adjourned at 9:56 p.m. ATTEST: J. rton, Clerk Minutes approved on September 12, 1995 /Fkenneth R. Macht, Chairman 24- September 4 -I