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HomeMy WebLinkAbout11/26/1996MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, NOVEMBER 26,1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Caroline D. Ginn (District 5) Kenneth R. Macht (District 3) John W. Tippin (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BAP AGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS to the AGENDAMMERGENCY ITEMS ADDITIONS: 77 Commissioner Caroline D. Ginn's Surety Bond 7K Schedule XL Vision Industrial Revenue Bond TEFRA hearing 7L Schedule Escambia Housing Mortgage Program Industrial Revenue Bond TEFRA hearing 11A Support Extension of FCT Cost -Share Grant Award for Purchase of Lost Tree Islands 13E Discussion - Regional Planning Council Meeting DELETIONS: 7H Assignment of Lease to Exchange Club Center for Prevention of Child Abuse 11B Vero Beach Firefighters Relief & Pension Fund Proposed Change to Provide for an Increased Retirement Benefit 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Honoring Retiring Employee Richard L. Smith B. Presentation of Proclamation Honoring Retiring Employee James L. Laster, Jr. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated November 14, 1996) B. Candidates for the Two IRC Positions on the District 15 Health & Human Services Board (memorandum dated November 14, 1996) C. Prekindergarten Interagency Coordinating Council, IRC - (memorandum dated November 14, 1996) 1-6 7 8 BOOK 99 F-vjF.915 BOOK P ,r:I916 7 7. CONSENT AGENDA (cont'd.): BACKUP PAGES D. Jobs and Education Partnership Regional Board and Consortium (memorandum dated November 19, 1996) 9 E. Bonds for Janice Broda, Helen Glenn, and K&r4 Zi (memorandum dated November 19, 1996) 10-18 F. Grand Harbor's Request for Approval of the Contract for Construction for Required Improve- ments for Harbor Village Phase IV, Plat 19 (memorandum dated November 20, 1996) 19-27 G. Temporary Water Service Agreement - IRC and Sylvia Vonburg (memorandum dated November 18, 1996) 28-34 H. Approval of Assignment of Lease to Exchange Club Center for Prevention of Child Abuse (memorandum dated November 20, 1996) 35-50 I. Authorization for Chairman to Sign Mass Transit FTA Certifications and Assurances for Federal Fiscal Year 1997 51-52 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS RESOLUTION OF THE BOARD OF THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING AN INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $29,500,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY 53-62 B. PUBLIC DISCUSSION ITEMS 1. Request for IRC to Issue Emergency Permit for Construction of Seawall - Jan Jeimby (memorandum dated November 20, 1996) 62A -62Y 2. Kenneth S. Knigin Request to Appear Concerning INRIVCO (backup dated November 18, 1996) 63-68 10. COUNTY ADMINISTRATOR'S MATTERS None BACKUP 11. DEPARTMENTAL MATTERS PAGES A. Community Development None B. Emerizencv Services V.B. Firefighters Relief & Pension Fund Pro- posed Change to Provide for An Increased Retirement Benefit (memorandum dated November 15, 1996) 69-75 C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Partial Release of Retainage - VB PEP Reef - American Coastal Engineering (memorandum dated November 19, 1996) 76-83 2. As -Built Resolutions & Assessment Rolls for Paving Improvements to 53rd Ave. So. of 16th St. in Sundowner's S/D (memorandum dated November 13, 1996) 84-91 3. Willow Street Status Report (any backup will be provided separately) H. Utilities Louisiana Ave. Water Main (Main St. to CR512) (memorandum dated November 15, 1996) 92-98 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams MY 9 !P r 917 ma 99., f-,uu 91t 13. COMMISSIONERS ITEMS (cont'd ): BACKUP PAGES B. Vice Chairman Carolyn K. Eggert C. Commissioner Caroline D. Ginn D. Commissioner Kenneth R. Macht E. Commissioner John W. Tippin 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - Meeting of 11/5/96 2. Survey and Autocadd Services, RFP #6087 (memorandum dated November 18, 1996) 99-100 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county' S Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast 5:O0p.m. Thursday through 5: 00 p. m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening TABLE OF CONTENTS November 26, 1996 Regular Meeting of Board of County Commissioners ADDITIONS TO THE AGENDA/EMERGENCY ITEMS AND DELETIONS . . . . 1 PROCLAMATION AND RETIREMENT AWARD HONORING RETIRING EMPLOYEE RICHARD L. SMITH . . . . . . . . . . . . . . . . . . . . 2 PROCLAMATION AND RETIREMENT AWARD HONORING RETIRING EMPLOYEE JAMES L. LASTER, JR . . . . . . . . . . . . . . . . . . . 3 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 4 A. Approval of Warrants . . . . . . . . . . . . . . . 4 B. Appointments to the District 15 Health & Human Services Board - Grobman and Edwards . . . . . . . 8 C. Prekindergarten Interagency Coordinating Council Appointments - Kahle, Nall, Feaster . . . . . . . . 9 D. Jobs and Education Partnership Regional Board and Consortium. . . . . . . . . . . . . . . . . 10 E. Bonds for Janice Broda, Helen Glenn, Zimmermann . . . . . 10 F. Grand Harbor's Request for Approval of the Contract for Construction for Required Improvements for Harbor Village Phase IV, Plat 19 . . . . . . . . 11 G. Temporary Water Service Agreement - Sylvia Vonburg 12 H. Assignment of Lease of Youth Manor of Indian River County to Exchange Club Center for Prevention of Child Abuse . . . . . . . . . . . . . . . 13 I. Authorization for Chairman to Sign Mass Transit FTA Certifications and Assurances for Federal Fiscal Year 1997 . . . . . . . . 13 J. Surety Bond for Caroline D. Ginn . . . . . . . . . 13 K. Escambia County Housing Mortgage Program Industrial Revenue Bond . . . . . . . . . . . . . . . . . . 13 L. XL Vision Industrial Revenue Bond TEFRA Hearing Scheduled for December 17 . . . . . . . . . . . . 14 PUBLIC HEARING - RESOLUTION AND INTERLOCAL AGREEMENT AND ISSUANCE OF REVENUE BONDS NOT TO EXCEED $29,500,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY -ADULT COMMUNITIES TOTAL SERVICES, INC. (ACTS) AND BRITTANY POINTE . . . . . . . . . . . . . . . . . . . . . . . . 16 PUBLIC DISCUSSION ITEM - REQUEST FOR ISSUANCE OF EMERGENCY PERMIT FOR CONSTRUCTION OF SEAWALL - JAN JELMBY . . . 20 PUBLIC DISCUSSION ITEM - KENNETH S. KNIGIN REQUEST TO APPEAR CONCERNING INRIVCO . . . . . . . . . . . . . . . . . . 23 HISTORICAL SOCIETY'S REQUEST FOR BENCHES FROM OLD COURTHOUSE . . . . . . . . . . . . . . . . . . . . . . 34 FLORIDA COMMUNITIES TRUST URGED TO EXTEND COST-SHARING GRANT AWARD FOR PURCHASE OF LOST TREE ISLANDS . . . . . . . 35 VERO BEACH FIREFIGHTERS RELIEF & PENSION FUND - PROPOSED CHANGE FOR INCREASED RETIREMENT BENEFIT . . . . . . . 37 PEP REEF - PARTIAL RELEASE OF RETAINAGE - AMERICAN COASTAL ENGINEERING . . . . . . . . . . . . . . . . . . . . . 37 PAVING IMPROVEMENTS TO 53RD AVENUE SOUTH OF 16TH STREET IN SUNDOWNER'S SUBDIVISION - AS -BUILT RESOLUTION AND ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . 39 WILLOW STREET PAVING AND DRAINAGE IMPROVEMENTS ALLOCATIONS TO 800E 99 nnL 919 aa� 9 F 920 WILLOW STREET PAVING AND DRAINAGE IMPROVEMENTS ALLOCATIONS TO EXPEDITE PROJECT . . . . . . . . . . . . . . . . . . . 45 LOUISIANA AVENUE WATER MAIN - MAIN STREET TO CR -512 . . . . 46 TREASURE COAST REGIONAL PLANNING COUNCIL MEETING . . . . . 48 SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . 49 Tuesday, November 26, 1996 The Board of County Commissioners of Indian River County, Florida, met in County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, November 26, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Caroline D. Ginn; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. The Chairman called the meeting to order and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS AND DELETIONS Chairman Adams announced deletion of items 7H, Approval of Assignment of Lease to Exchange Club Center for Prevention of Child Abuse, and 11B, Vero Beach Firefighters Relief & Pension Fund Proposed Change to Provide for An Increased Retirement Benefit. Chairman Adams announced the requested additions of the following items: 7J - Commissioner Caroline D. Ginn's Surety Bond 7K - XL Vision Industrial Revenue Bond TEFRA hearing for December 17, 1996 7L - Escambia Housing Mortgage Program Industrial Revenue Bond - TEFRA hearing for December 17, 1996 Commissioner Eggert requested the addition of 11A - Approval of letter from the Board Chairman urging the Florida Communities Trust to extend its cost -share grant award for purchase of the Lost Tree Islands. Commissioner Tippin requested the addition of 13E - discussion concerning the recent Regional Planning Council meeting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved addition and deletion of the above items. 1 November 26, 1996 BOOK 99 FA; z R2, "1T 1 1,13 NO 1 13 lop CIR 91 11Z DRI'1 EMPLOYEE RICHARD L. SMITH PROCLAMATION count ou 1010 Ma ni tenancs Ord ivislon and Iediaann River is retirement from Board at County Commissioners effective November 18, 1996. WHEREAS' Richard L. Smith, retired from the Air Force in 1971 and settled in Vero Beach. USEREAR, Richard L. Smith, began his earyleymeat With Indian River County in November o! 197a With the Read i Bridge Division as A. Autemoeiw Servieamaa. The Vahiale Maintenance Division vas established in 1987 sad he Wes promoted to Night For�Ouin in 1981. Due to the second shift being elislnated in 1987, Mr. Smith vac reclassified to a Chief Equipmant Mechanic. In Sept—bar of 1990 he Was promoted to Equipment Meahaaic III Which is the position he currently seiatai+u today. WRBSEAS, Richard L. BlLLth, has given county vaAtalse ase equipsent 71 years of reader loving cars As, has made sent friends ever the years. His ao-Workers Wish him the best In cis Well settled setirament. NOV, THEREFORE. BE IT FROCLIDBSD BY TBE BOARD OF COUNTY COMMiSSIONM OF INDIAN RIVER COUNTY. FLORIDA' that the Board Wishes to axpreae their appreciation to Richard L. Smith for his dedication ase exemplary service to Indian River County. BE IT FURTHER FROCLUM that the Beard Wishes him the Very best in his future atdeavors. Dated this 76th day of November 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER CODUN7TY, FLORIDA /7} BY .. ??, � Fran R. ID6. Cllelrmen � !t` M l `JIi��Qi ?�iUEr s�f,�f �+�+( l,*o Xaae4 f �a2idu t4fs to m Ur ft MW rd Fns B. Adamn,Chauumn Public Works Director Jim Davis was sad to see Mr. Smith leave as he has been an asset to the County and will be difficult to replace. His retirement is a loss to the Public Works Department. E November 26, 1996 C c-. �L b haEhl! l�� Wfa ��,� �Pf'�tP11iEri# .�lWttr� ��, sfzata to r. . �! M _ Ufa�6rf��1•e%nniO p— of Nerota � �4� OD aym �� i�m� d ✓Y6MiBlIt6@8 lg. '9s rd Fns B. Adamn,Chauumn Public Works Director Jim Davis was sad to see Mr. Smith leave as he has been an asset to the County and will be difficult to replace. His retirement is a loss to the Public Works Department. E November 26, 1996 PROCLAMATION AND RETIREMENT AWARD HONORING RETIRING EMPLOYEE .TAMES L. LASTER, TR. PROCLAMATION WHEREAS, James L. faster, Jr., announces his retirseant Lroa the Road and Bridge Division and Indian River County Hoard of County Commissioners arreotive November 78, 1996. WHEREAS. James L. Lester, Jr., began his emp:eyment WStq Indian River Cooney Jaquary 78, 19]] Wlth tee Road i Bridge DivLaion es en Equl9saM Operator I. L.La Nr. Lester Was promoted to an Equlpsent Opereter II and In Nareh oL 1981 Psssoted to knish Oradai Operator. Zo Fabtuary oL 1987, be Was promoted to Supervisor end on October 7, 1987 be became Manager of North County Which is Ne position M holds today. WHEREAS, Jeme8 L. Lasbr, Jr., has been an asset to the County due to his vest lmwledege % Heavy Equipment and for his dedicated years of sarvia. He Consistsotly demonstrated lspeceabIs overall job Pertoraance. Nr. Laster Will be sorely ■lased by the Road and Bridge Division and stat[. NOW, THEREFORE. BE IT PBOCGDOLD BY TBE BOARD OF COUNTY COAlI9SLONERB OF INDIAN RIVER COUNTY, FLORIDA, that the Board Wishes to erpress their appraCistloo to James L. Lester, Jr. for his dedication Had amesplery service to Indies Rivar County. hpt Sn his IT FURTHER � PROCIAl1that the Board Wishes him the very futur Dated this 76th day Of Nsvesber 1996. BOARD OF COUNTY CW=SGIONERB INOIAN RIVER COUNTY, FLORIDA I Fran N. Adams. Chairmen 0 e/.yJ�lfilCllL�ei�tL.eL '0 �/JPCGC/Zj ��dLLlifL Er f WV810toUVft*M ! fi to buTbu Fruroub *W i E#[x'PIIiEI1f Awarb IRtsbnamg Fra mb fatthbd . Bahr[ to ,�9s7d gl r8orox6� �nimittlra�dld e � E ✓t'Br6daW9i � Qrata of oetutce an" hag of ✓Yoeaeal6el i9 96 IWO W. Davis FM B. Adam+, MOWN . •?F'.9LA:)ie Wasto_. w _�oafd ol�91°ry"A:• Public Works Director Jim Davis was sad to see Mr. Laster leave as he has been an asset to the County and will be difficult to replace. His retirement is a loss to the Public Works Department. 3 November 26, 1996 8009,99 993 nx 99 Pima 924 CONSENT AGENDA Commissioner Eggert advised that Mr. Zimmermann's name should be removed in all instances from item 7.E. A. Approval of Warrants The Board reviewed a Memorandum of November 14, 1996: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 14, 1996 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board. for the time period of November 7 to November 14, 1996. November 26, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the time period November 7-14, 1996, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0017979 POSTMASTER 11/07/96 85.00 0017980 BARTON, JEFFREY K -CLERK 11/08/96 523.50 0017981 HUMANE SOCIETY OF VERO BEACH 11/08/96 13,650.00 0017982 INDIAN RIVER ROOFING 11/12/96 2,875.00 0017983 HERCULES, INC 11/12/96 10,000.00 0017984 ATLANTIC COASTAL TITLE CORP 11/12/96 562,282.93 0017985 BOWEN, HILDA 11/12/96 50.00 0201203 BUSINESS COMMUNICATIONS, INC 4/25/96 .00 0212614 A B C- C L I O, INC 11/14/96 33.81 0212615 A T & T 11/14/96 1.14 0212616 AERO PRODUCTS CORP 11/14/96 921.85 0212617 AMERICAN LIBRARY ASSOCIATION 11/14/96 140.00 0212618 APPLE MACHINERY & SUPPLY 11/14/96 160.58 0212619 AUTO SUPPLY CO OF VERO BEACH, 11/14/96 692.28 0212620 A T & T 11/14/96 10.77 0212621 ALL FLORIDA BEVERAGE & OFFICE 11/14/96 53.75 0212622 AVANTI INTERNATIONAL 11/14/96 4,836.00 0212623 AMERICAN SIGMA, INC 11/14/96 324.04 0212624 ADDISON OIL CO 11/14/96 645.98 0212625 A T & T 11/14/96 26.35 0212626 ACTION COURT REPORTERS, INC 11/14/96 63.00 0212627 ATLANTIC COASTAL TITLE CORP 11/14/96 137.00 0212628 ADAMS MEDIA CORP 11/14/96 242.00 0212629 AUTO PARTS OF VERO, INC 11/14/96 2,198.76 4 November 26, 1996 CHECK NAME NUMBER 021263 02126 021263 02126 02126 02126 02126 02126 021263 021263 021264 021264 021264 021264 021264 021264 021264 021264 021264 021264 021265 021265 0212652 021265 021265 0212655 021265 0212657 0212658 0212659 0212660 0212661 0212662 0212663 0212664 0212665 0212666 0212667 0212668 0212669 0212670 0212671 0212672 0212673 0212674 0212675 0212676 0212677 0212678 0212679 0212680 0212681 0212682 0212683 0212684 0212685 0212686 0212687 0212688 0212689 0212690 0212691 0212692 0212693 0212694 0212695 0212696 0212697 0212698 0 ATLANTIC COASTAL SECTION 31 ARCHTECTS & DESIGNERS BOOK SVS 2 ABS 33 AMJ EQUIPMENT CORP 34 BAKER & TAYLOR, INC 35 BOARD OF COUNTY COMMISSIONERS 36 BLANKENSHIP & ASSOCIATES 37 BOWLING, C .G 8 BELLSOUTH MOBILITY 9 BARTON, JEFFREY K- CLERK 0 BARTON, JEFFREY K -CLERK 1 BRODA, JANICE C 2 BASS, GEOFFREY 3 BUSINESS COMMUNICATIONS, INC 4 BAKER & TAYLOR ENTERTAINMENT 5 BROXTON, JOHN III 6 BELLSOUTH 7 BUILDERS SQUARE 8 CABOT LODGE 9 CHILTON BOOK COMPANY 0 CLEMENTS PEST CONTROL 1 COLD AIR DISTRIBUTORS COMPUTER & PERIPHERIAL 3 CHEMSEARCH 4 CLARK WATER CONDITIONING CRUCE, AUGHTMAN E JR 6 CITGO PETROLEUM CORP CONSTRUCTION LICENSING CUSTOM CARRIAGES, INC COMMERCIAL SERVICE COMPANY CROSSROADS ANIMAL HOSPITAL CLIFFORD, MIKE CURRY, JUSTIN CENTRAL A/C & REFRIG SUPPLY, DAILY COURIER SERVICE DEBLOIS, ROLAND M. DELTA SUPPLY CO DEMCO INC DICKERSON FLORIDA, INC DIC'T'APHONE CORPORATION DIXON, PEGGY C DERRICO CONSTRUCTION DAVIDSON TITLES, INC DATA FLOW SYSTEMS, INC DRIVEWAYS, INC DAVIS, JERRY FLORIDA DEPARTMENT OF TRANSPRT DADE PAPER COMPANY DOUDS, KEN E -Z BREW COFFEE SERVICE, INC EMPIRE ENGINEERING, INC E G P, INC ELPEX, INC ESRI, INC ECOTECH CONSULTANTS, INC ELSESSOR, DONALD FACTS ON FILE NEWS SERVICE FINNEY, DONALD G FIRESIDE THEATRE, THE FLORIDA EAST COAST RAILWAY CO F P & L FOURTH DISTRICT COURT OF FRIENDS OF INDIAN RIVER COUNTY FALCON CABLE TV FLORIDA MEDICAID COUNTY FUTURE HORIZONS, INC FELLSMERE POLICE DEPARTMENT FLORIDA ANIMAL LEAGUE GAVIN, BILL 5 CHECK DATE 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 11/14/96 CHECK AMOUNT 75.00 11.60 1,567.00 1,173.77 153.95 3,790.31 327.67 6.00 78.51 39,353.04 7,516.00 108.75 30.00 225.80 178.14 500.00 17,041.98 296.19 235.00 65.35 376.50 558.33 170.00 274.95 3.50 177.32 1,340.77 40.00 117.39 180.00 105.00 100.00 109.89 350.11 297.00 31.61 1,525.10 148.98 1,817.00 50.00 66.50 96,459.30 324.37 999.00 9,378.76 174.06 77.00 240.55 60.00 12.50 187.50 459.00 173.39 2,635.00 13,559.16 5.00 32.55 91.64 22.94 2,484.60 14,769.87 500.00 29.85 14.60 32,116.34 36.20 180.00 8.00 140.14 November 26, 1996 Bw 99 P 3E 925 FF-- -1 Boa 99 T�njE. 926 CHECK NAME CHECK CHECK NUN13ER DATE AMOUNT 0212699 GEORGE W FOWLER CO 11/14/96 55.00 0212700 GOODKNIGHT LAWN EQUIPMENT, INC 11/14/96 459.28 0212701 GRAYBAR ELECTRIC CO, INC 11/14/96 257.55 0212702 GALLS, INC 11/14/96 54.94 0212703 GENERAL MEDICAL CORP 11/14/96 1,154.26 0212704 GOODYEAR TIRE COMPANY 11/14/96 12.75 0212705 GUY, BEA 11/14/96 30.00 021;706 GREY HOUSE PUBLISHING 11/14/96 212.50 G212707 GIACOLETTO, RAE 11/14/96 70.14 0212708 HEATH, CHARLES W 11/14/96 6.00 0212709 HERITAGE BOOKS, INC 11/14/96 16.50 0212710 H R DIRECT 11/14/96 87.42 0212711 HANDI PRO HOMEOWNER SERVICE 11/14/96 240.00 0212712 HOMETOWN PET CARE CENTER 11/14/96 434.80 0212713 HAVENS, BARBARA 11/14/96 38.00 0212714 H C C 11/14/96 386.00 0212715 INDIAN RIVER COUNTY 11/14/96 40.00 0212716 INDIAN RIVER COUNTY SOLID 11/14/96 692.65 0212717 INDIAN RIVER COUNTY SHERIFF'S 11/14/96 50.00 0212718 INDIAN RIVER COUNTY UTILITIES 11/14/96 144.81 0212719 INDIAN RIVER MEMORIAL HOSPITAL 11/14/96 142.50 0212720 INDIAN RIVER OXYGEN, INC 11/14/96 482.75 0212721 INGRAM 11/14/96 2,150.22 0212722 INTERSTATE BILLING SERVICE 11/14/96 511.45 0212723 INFILCO DEGREMONT, INC 11/14/96 148.92 0212724 INNOVATIVE NETWORK SYSTEMS 11/14/96 298.91 0212725 INDIAN RIVER ALLFAB 11/14/96 261.00 0212726 IKON OFFICE SOLUTIONS 11/14/96 20.00 0212727 JACOBS ELECTRIC MOTOR REPAIR 11/14/96 18.90 0212728 JUDGE, JAMES A II 11/14/96 67.00 0212729 J R REPORTING ASSOCIATES, INC 11/14/96 181.25 0212730 JAMAR SALES CO, INC 11/14/96 105.00 0212731 JOHN WILEY & SONS, INC 11/14/96 84.95 0212732 JUDAH, KAREN E 11/14/96 80.75 0212733 JANSEN, JON G. 11/14/96 500.00 0212734 JONES, GUS 11/14/96 30.00 0212735 KEEN'S FOODTOWN 11/14/96 140.46 0212736 KOMARINETZ, ROBERT 11/14/96 57.80 0212737 K MART 11/14/96 258.46 0212738 KAPCO/KENT 11/14/96 171.90 0212739 KOMARNICKI, WALLY 11/14/96 114.00 0212740 LONG, JAMES T ESQUIRE 11/14/96 11,100.00 0212741 LEWIS, RUTH A 11/14/96 37.79 0212742 L B SMITH, INC 11/14/96 211.97 0212743 LAERDAL MEDICAL CORP 11/14/96 269.00 0212744 LAMB, RICHARD 11/14/96 812.50 0212745 LEO BACA 11/14/96 19.95 0212746 MICKLER'S FLORIDIANA, INC 11/14/96 158.27 0212747 MILLER, GWENDOLYN M 11/14/96 892.50 0212748 MILNER DOCUMENT PRODUCTS 11/14/96 304.45 0212749 MISCO/POWER UP INC 11/14/96 211.20 0212750 MYRON L COMPANY 11/14/96 241.07 0212751 MATRX MEDICAL, INC 11/14/96 503.95 0212752 MCMASTER-CARR SUPPLY COMPANY 11/14/96 178.48 0212753 MARRIOTT AT SAWGRASS 11/14/96 240.00 0212754 MARTIN COUNTY PETROLEUM 11/14/96 1,592.18 0212755 MILLER, JERALD D 11/14/96 133.86 0212756 MR BOB PORTABLE TOILET 11/14/96 265.00 0212757 MILLIMAN, JESSE 11/14/96 90.00 0212758 MORUZZI, WILLIAM 11/14/96 30.00 0212759 MEYERS, RUTH A 11/14/96 180.00 0212760 NATIONAL ASSOCIATION OF- 11/14/96 1,546.00 0212761 NATIONAL PROPANE CORP 11/14/96 512.64 0212762 NOLEN, VICKIE L 11/14/96 49.00 0212763 OMNIGRAPHICS, INC 11/14/96 125.50 0212764 PAGENET 11/14/96 25.64 0212765 PAN AMERICAN ENG CO 11/14/96 210.00 0212766 PEACE RIVER ELECTRIC 11/14/96 175.55 C: November 26, 1996 CHECK NAME NUMBER CHECK CHECK DATE AMOUNT 0212767 PETTY CASH 0212768 PETTY CASH 11/14/96 239.48 0212769 PETTY CASH 11/14/96 11/14/96 86.70 0212770 POSTMASTER 11/14/96 187.22 0212771 PUBLIX SUPERMARKET 11/14/96 15,000.00 0212772 PORT PETROLEUM, INC 11/14/9661.07 0212773 POSTMASTER 1 1,11/14/96 0212774 PARADISE PETEROLEUM, INC 11/14/96 96.0004.00 0212775 PINEWOODS ANIMAL HOSPITAL 11/14/96 1,000.00 0212776 PRINTMARK, INC 11/14/96 116.00 0212777 PRO PLUS TURF PRODUCTS INC 11/14/96 159.00 0212778 QUALITY BOOKS, INC 96 866.25 0212779 RADIO SHACK ACCT RECEIVABLE 11/14/96 149.08 0212780 ROBINSON, WILLIE 11/14/96 16.95 0212781 RAY PACE'S WASTE EQUIPMENT,INC 11/14/96 404.00 0212782 RANGER CONSTRUCTION IND, INC 11/14/96 1.562.87 0212783 R & G SOD FARMS 11/14/96 1,205.89 0212784 RELIABLE TRANSMISSION SERVICE 11/14/96 115.00 0212785 RELIABLE OFFICE SUPPLIES 11/14/96 120.66 0212786 SCHOPP, BARBARA G 11/14/96 60.18 0212787 SCOTTY'S, INC 11/14/96 206.50 0212788 SEWELL HARDWARE CO, INC 11/14/96 117.65 0212789 SHELL OIL COMPANY 11/14/96 435.72 0212790 SOUTHERN PINE LUMBER CO 11/14/96 1,270.19 0212791 SOUTHSIDE ANIMAL HOSPITAL 11/14/96 3,098.76 0212792 STIMSONITE PRODUCTS 11/14/96 137.00 0212793 STURGIS LUMBER & PLYWOOD CO 17,512.00 0212794 SUN COAST CLEANING SUPPLIES, 11/14/96 737.15 0212795 SUNCOAST WELDING SUPPLIES, INC 11/14/96 39.95 0212796 SERVICE REFRIGERATION CO, INC 11/14/96 259.45 0212797 SABAL PALM BOWL, 11/14/96 16.95 0212798 SIGNS IN A DAY 11/14/96 218.00 0212799 SUBWAY STAMP SHOP 11/14/96 70.00 0212800 SHADY OAK ANIMAL CLINIC 11/14/9692.40 0212801 SUN BELT MEDICAL SUPPLY, INC 11/14/96 117.00 0212802 SHERATON HOTEL 11/14/96 578.75 0212803 STEWART INDUSTRIES 11/14/96 206.00 0212804 SAUCEDA, ANGEL 11/14/96 10,139.05 0212805 STATE OF FLORIDA CRIMES 11/14/96 169.92 0212806 SKALA, ERIC 11/14/96 197.91 0212807 SEBASTIAN RIVER AREA CHAMBER 11/14/96 125.88 0212808 SECURITYLINK FROM AMERITECH 11/14/96 5,070.06 0212809 TEN -8 FIRE EQUIPMENT, INC 11/14/96 165.00 0212810 THORNE, REBECCA 11/14/96 1,448.69 0212811 TREASURE COAST REFUSE CORP 11/14/96 72.25 0212812 THOMPSON, TERRY B 11/14/96 198.54 0212813 TIMOTHY ROSE CONTRACTINGINC , 11/14/96 6.00 0212814 TERRA INTERNATIONAL, INC 11/14/96 2,300.00 0212815 TAYLOR, CHRIS 11/14/96 366.33 0212816 TURBO INSTRUMENTS, INC 11/14/96 93.44 0212817 TREASURE COAST PUBLISHING INC 11/14/96 1,071.80 0212818 THIMMER, JAMES 11/14/96 445.50 0212819 TABAR, JEFFREY 11/14/96 112.00 0212820 TEENS ACTING RESPONSIBLY 11/14/96 161.74 0212821 UNIVERSITY OF FLORIDA 11/14/96 1,607.90 0212822 U S FILTER/DAVIS 11/14/96 895.00 0212823 VELDE FORD, INC 11/14/96 24,332.24 0212824 VERO BEACH PRESS JOURNAL 11/14/96 1,320.61 0212825 VERO BEACH PRESS JOURNAL 11/14/96 40.18 0212826 VERO BEACH, CITY OF 11/14/96 324.12 0212827 VERO CHEMICAL DISTRIBUTORS,INC 11/14/96 49,297.92 0212828 VERO LAWNMOWER CENTER, INC 11/14/96 599.30 0212829 VERO STARTER & GENERATOR168.25 11/14/96 0212830 VILLAGE ANIMAL CLINIC 11/14/96 30.00 0212831 VITUNAC, CHARLES p 11/14/96 15.00 0212832 VERO BEACH, CITY OF 11/14/96 75.60 0212833 VERO MARINE CENTER, INC 11/14/96 214.69 0212834 VIDEO PALACE 11/14/96 110.64 360.00 7 November 26, 1996BooK 99 FA.UE 927 BOOK 99 928 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0212835 VERO BEACH POLICE DEPARTMENT 11/14/96 25.00 0212836 VERO BEARING & BOLT 11/14/96 162.57 0212837 VIKING OFFICE PRODUCTS 11/14/96 114.00 0212838 WAL-MART STORES, INC 11/14/96 136.39 0212839 WAL-MART STORES, INC 11/14/96 94.92 0212840 WAXE RADIO STATION 11/14/96 875.00 0212841 WRITER'S DIGEST BOOKS 11/14/96 174.00 0212842 W W GRAINGER, INC 11/14/96 535.45 0212843 WILLHOFF, PATSY 11/14/96 130.00 0212844 WATERWORKS CAR WASH 11/14/96 97.00 0212845 WOOLWORTH'S 11/14/96 64.66 0212846 WSCF-FM 11/14/96 300.00 0212847 WINDLE, BEN 11/14/96 66.50 0212848 WODTKE, RUSSELL 11/14/96 29.97 0212849 WHITTINGTON, MEGAN 11/14/96 209.00 0212850 XEROX CORPORATION 11/14/96 214.69 0212851 YAVORSKY'S TRUCK SERVICE,INC 11/14/96 2,365.64 0212852 YELLOW SPRING INSTRUMENT CO, 11/14/96 532.86 0212853 ZIMMERMANN, KARL 11/14/96 184.98 0212854 BOYETTE, JAMES 11/14/96 200.00 0212855 HOLT, JOHN SCOTT 11/14/96 56.44 0212856 SCHUEPPERT, F E 11/14/96 36.06 0212857 ASHLEY, RICHARD 11/14/96 54.88 0212858 DURRELL, JOHN C 11/14/96 54.60 0212859 NACION, JIM 11/14/96 53.34 0212860 BROWN, CALVIN B 11/14/96 52.60 0212861 TUCKER, LEON A 11/14/96 55.99 0212862 CORBITT, JAMES K 11/14/96 54.78 0212863 MAGES, ROBERT & FLORINA 11/14/96 52.56 0212864 NORRIS, WAYNE & ELIZABETH 11/14/96 52.53 0212865 MACEYKA, DALE 11/14/96 42.92 0212866 SENIF, HOWARD & DOROTHEA 11/14/96 67.41 0212867 LANDAU, HARRIET 11/14/96 30.70 0212868 SPENCER, STEVE 11/14/96 37.31 0212869 FIRST NATIONWIDE MORTGAGE 11/14/96 31.50 0212870 MATTE, MICHAEL 11/14/96 19.72 0212871 MIDGETTE, DAVID 11/14/96 133.09 1,042,752.83 B. Appointments to the District 15 Health & Human Services Board - Grobman and Edwards The Board reviewed a Memorandum of November 14, 1996: TO: Board of County Commissioners FROM: Commissioner Carolyn K. Eggert eyt DATE: November 14, 1996 SUBJECT: Candidates for the two IRC Positions on the District 15 Health And Human Services Board The District 15 Nominee Qualifications Review Committee has reviewed the applications for two open positions on the District 15 Health and Human Services Board. I would like the Commission to support their choices by recommending Hulda Grobman to fill the vacancy for Position #1, and Leonard Edwards to fill the vacancy for Position #2. 8 November 26, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously supported the District 15 Nominee Qualifications Review Committee's choices of Hulda Grobman and Leonard Edwards to fill the vacancies on the District 15 Health and Human Services Board, as requested. C. Prekindergarten Interagency Coordinating Council APDointments - Kahle, Nall, Feaster The Board reviewed a Memorandum of November 14, 1996: TO: Board of County Commissioners FROM: Commissioner Fran B. Adams, Chairman 6� DATE: November 14, 1996 SUBJECT: Prekindergarten Interagency Coordinating Council, IRC The 1996 Florida Legislature passed the "Work and Gain Economic Self - Sufficiency (WAGES) Act" which outlines the guidelines for a local interagency council for early childhood services. This council consists of 12 members, four of which are appointed by the district school board, five by the HRS district administrator and three by the Board of County Commissioners. Kathryn Marshall is the Prekindergarten Coordinator at Dodgertown Elementary School for this council. The following three people are being nominated for appointment to the Prekindergarten Interagency Coordinating Council: Sandy Kahle - private provider of preschool care and education to 3 -year and 4 -year old children Katie Nall - represents social, dental, adult literacy or transportation Maureen Feaster represents the County Public Health Department ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously appointed Sandy Kahle, Katie Nall, and Maureen Feaster to the Prekindergarten Interagency Coordinating Council, as nominated in the memorandum. 0 November 26, 1996 BOOK 99 01E9�9 U�l9ill?1;a r i30 D. Tobs and Education Partnership Regional Board and Consortium The Board reviewed a Memorandum of November 19, 1996: To: Board of County Commissioners From: Alice E. White Executive Aide to Board Date: November 19, 1996 Subject: Jobs and Education Partnership Regional Board and Consortium In June, 1996, the Board elected to appoint Commissioner Eggert to serve on the Jobs and Education Partnership Regional Board until November, when Commissioner Bird retired, and then she would move over to the Consortium. At that time, Commissioner Tippin was to replace her on the JEP Board. Commissioner Eggert would like to remain on the JEP Board and have Commissioner Tippin serve on the Consortium. RECOMMENDATION: It is recommended that Commissioner Carolyn K. Eggert remain on the JEP Board and appoint Commissioner John W. Tippin to serve on the Consortium. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously appointed Commissioner Eggert to remain on the JEP Board and Commissioner Tippin to serve on the Consortium, as recommended in the memorandum. E. Bonds for Janice Broda, Helen Glenn, and Karl Zimmernv&nn Commissioner Eggert had advised that Mr. Zimmermann's name should be removed in all instances from item 7.E. The Board reviewed a Memorandum of November 19, 1996: To: Board of County Commissioners From: Alice E. White Executive Aide to Board Date: November 19, 1996 Subject: Bonds for Janice Broda, Helen Glenn, - Approval for Chairman to sign Bonds for Janice Broda and Helen Glenn, Mosquito Control District , 10 November 26, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to sign bonds for Janice Broda and Helen Glenn, Mosquito Control District, as requested in the memorandum. F. Grand Harbor's Request for Approval of the Contract for Construction for Required Improvements for Harbor Village Phase IV, Plat 19 The Board reviewed a Memorandum of November 20, 1996: TO: James E. Chandler County Administrator D, IS ON HEAD CONCURRENCE: Obert M. Keating,ICP.� Community Developme t Diector 14 THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP�,�,i !V1 Senior Planner, Curse t Development DATE: November 20, 1996 SUBJECT: Grand Harbor's Request for Approval of the Contract -for Construction for Required Improvements for Harbor Village Phase IV Plat 19 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 26, 1996. BACKGROUND & ANALYSIS: At its November 5, 1996 meeting, the Board of County Commissioners approved the final plat for Harbor Villages IV Plat 19, and authorized the chairman to sign a contract for construction of required improvements. As reflected in staff's report to the Board, an actual contract was not attached to staff's report based on the fact that the applicant was still working with the county attorney's office to determine a mutually agreeable financial security arrangement and corresponding contract form. Now, an agreeable financial security arrangement and corresponding contract have been finalized. Therefore, the final form of the contract is hereby presented to the Board for its approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman to execute the attached contract for construction and accept the attached letter of credit securing the contract. 11 November 26, 1996 BOOK 99 FAUU 931 FF,-- -7 It ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to execute the contract for construction and accept the letter of credit securing the contract, as recommended in the memorandum. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Temporary Water Service Agreement - Sylvia Vonburg The Board reviewed a Memorandum of November 18, 1996: DATE: NOVEMBER 18, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHASTAI'4— AND MANAGER OF ASS SS NT PROJECTS STAFFED BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: TEMPORARY WATER SERVICE AGREEMENT INDIAN RIVER COUNTY AND SYLVIA VONBURG BACKGROUND Sylvia Vonburg has requested that temporary service be installed from the water line on Day Drive to service her property on 126 Day Drive, Sebastian, Florida 32958 prior to the installation of a water main extension on Day Drive. (Phase I Water Expansion) ANALYSIS The Agreement states that the Indian River County Department of Utility Services shall provide temporary water service to Ms. Sylvia Vonburg until such time that a water line may be constructed on Day Drive by assessment. She agrees to pay all fees required to make this connection. She further agrees to participate in the assessment and to reconnect to this water line as required by the Indian River County Department of Utility Services. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Ms. Sylvia Vonburg on the Consent Agenda. 12 November 26, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the agreement with Sylvia Vonburg for temporary water service, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Assignment of Lease of Youth Manor of Indian River County to Exchange Club Center for Prevention of Child Abuse (DELETED FROM AGENDA) I. Authorization for Chairman to Sign Mass Transit FTA Certifications and Assurances for Federal Fiscal Year 1997 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to sign the Mass Transit FTA Certifications and Assurances for Federal FY 1997, as presented. COPY ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD T. Surety Bond for Caroline D Ginn ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to sign the bond for Commissioner Ginn, as presented. COPY ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Escambia County H„ ousing Mortgage Program Industrial Revenue Bond The Board reviewed a Memorandum of November 25, 1996: TO: Members of the Board of County Commissioners DATE: November 25, 1996 SUBJECT: ESCAMBIA HOUSING MORTGAGE PROGRAM INDUSTRIAL REVENUE BOND - CONSENT AGENDA FROM: Joseph A. Baird OMB Director 13 November 26, 1996 800� U'3; I $DDK; 99 F.1DE 934 William R Hough & Company, underwriter, has approached Indian River County to see if they are interested in participating in the Escambia Single Family Housing Program for low to moderate income single family housing. This program involves utilization of Industrial Revenue Bonds. Industrial Revenue bond allocations are released by districts each year beginning in January on a first come first serve basis. Indian River County is in district 9B with St. Lucie, Martin and Okeechobee Counties and the allocation should be over $9.5 million. St. Lucie County has already committed to the Escambia Family Housing Program. Indian River County would be sharing the allocation with St. Lucie County, which we have done in the past. With St. Lucie County and Indian River County participating in the same program, local participating lenders can move the money between counties after the first 120 days of the program. William R. Hough and Company is requesting we waive the $1,000 administrative fee plus the .5% of the face value of the bonds (.5% up to a maximum of $10,000) because this will be passed on to the lending institutions and then eventually to the person attempting to obtain the loan. Indian River County must hold a TEFRA (Tax Equity Fiscal Responsibility Act) public hearing and pass a resolution. Escambia Housing would like,to hold the TEFRA hearing on Tuesday, December 17, 1996. RECOMMENDATION Staff recommends the Board of County Commissioners waive only the .5% per bond fee and approve the Inducement Resolution and Inter -local agreement with Escambia Housing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the recommendation.* CLERK'S NOTE: *A corrective memorandum can be found in the minutes of the meeting of December 10, 1996 (7.N). The recommendation should have read: "Staff recommends the B.C.C. waives only the .5% bond fee and approve holding the TEFRA public hearing on Tuesday, December 17, 1996." L. XL Vision Industrial Revenue Bond TEFRA Hearing Scheduled for December 17 The Board reviewed a Memorandum of November 25, 1996: TO: Members of the Board of County Commissioners DATE: November 25, 1996 SUBJECT: X L VISION INDUSTRIAL REVENUE BOND TEFRA HEARING FOR DECEMBER 17,1996 - CONSENT AGENDA FROM: JosephA. Baird OMB Director 14 November 26, 1996 DESCRIPTION AND CONDITIONS X L Vision would like to issue "tax exempt" Industrial Revenue Bond to expand the manufacturing facility. The cost of the expansion is estimated to be approximately $5,000,000. All Industrial Bond allocations are issued by the state beginning January of each year and are on a first come first serve basis. Therefore, it is important to have all documents in order by January 1, 1997. X L Vision has requested the County waive the $1,000 administrative fee plus the .5% of the face value of the bonds (.5% up to a maximum of $10,000) since this increases the borrowing cost substantially. Indian River County waived fees in the past if they felt it was in the best interest of the community. In order for X L Vision to be able to issue Industrial Revenue Bonds, Indian River County must hold a TEFRA (Tax Equity Fiscal Responsibility Act) public hearing and pass a resolution. X L Vision would like to hold the TEFRA hearing on Tuesday, December 17, 1996. RECOMMENDATION Staff recommends the Board of County Commissioners approve to hold the TEFRA public hearing on December 17, 1996 and waive the .5% per bond fee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved scheduling the TEFRA public hearing on December 17, 1996, and waived the .5% per bond fee, as recommended in the memorandum. 15 November 26, 1996 Booz 99 F -a„ 935 BOOK 99 F","JC 9.36 PUBLIC HEARING - RESOLUTION AND INTERLOCAL AGREEMENT AND ISSUANCE OF REVENUE BONDS NOT TO EXCEED $29,500,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY - ADULT COOTIES TOTAL SERVICES, INC. (ACTSI AND BRITTANY POINTE PRESS -JOURNAL Published Dally Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority, personally appeared DanYl K. HlcicB who an oath says that to is President of the Press -Journal, a da0y newspaper puI>uaned at Vero Beach in Indian River county. Florida; that the attached copy of advmtlsement beteg 0) Ce in the matter ofl`- ah . 0 Il-f� 'L t � in the fished In said newspaper In the issues -f-D)" /c3, � l V 4 OWL was pubs Affiant further Says that the said RM40umal b a MmWapor publshed at Vero Beach, in Said b1dian Rivor Catmty. Florida. and that the said Fars theretofore been second pumad mater atttthe post oif� VasFlorida.o Beadr. new RW r County. Florida. for a period of one year roM precedirng the ftrst publkation of the attached copy of advertisement: and affiant furter says that he has neat- pad nor pamlaed any Person. firm or corporation any discOUnt. rebate. CgrartlSSiOlh or refllrhd for the purpOSe Of aeaatrl9 frau advertisement fa publication d said newspa/pe)r. /y,/ ' yP t6'. • .� I vib¢d before me Oft— day o4 a A.D. 1916 •. � s moi/ � /{ . A.d�i s Ay 9omm. Exp res ; i WNTIP,t A h4 PiAJI. (President) s US! 25.1997 r Sw of Flonda..fi- ""'MF.xp. A 25. 1997 c No CC3fagu I o ,•,�..., . "imirr �'�_111afa a , % �'gTFOFYF„pPe�oP slpnd. o f Nntan•• SANDPA A. PIMSC NOTICE Is hereby ghtin flat a pubic tewYlg will be held by Ute Board of Caxdy CWMNSiOrm Of Indian Few CmM on November 28. 1898 at 9:00 am., local tire, Courcy Camt*asiorers Gnarrber. Canty AdmWseatlon M11% 1840 251h SLree1. Vero BeecL Flada. fur ftpurpose of oonsdaFhg aloin of a Resolution auCnribng an iAtaloa- Agreernent for the popDsed Issuance by the Pain Beach CourFleaih Faddes Autitast>d ily Of its MA =11111 Palenue Barbs to be issued in an ama+d .rob t exceed $29.b00.0D0.00 .fhe prooaeds of wtldt be loaned to Adult Cor>rrautfties Taal Services, it= and &*AV Pointe Estates an ACTS Carmsify, f'tc• (cc*ctiveiy, the "Obfgaad M%1 to be used to refirenot D9rt8h indebfedrtaas whidL In tun, linertoed five retirement OarrlrslsliBs de• soloed in the lotoyy}g paragraph pay for =tell expenses Iftaned M mnectkx v$M fie resuartce of the Bands efd tube debt servloe reserve fiord. Tile lm "'es which ori be rePoatoed by the barb Issue are as folowa Nome ofFFacility St. Andrews Estates North Edgewater Pointe Estates St. Andrews Estates South fit"dlon River Enates East Indian RWor Estates Wsst TOTAL As oiAugust 31, 1 Total Assisted Resident Year Residential thingNursing Census by Location ed ents Un B=ids FacHily 6152 North Verde Trail 1976 Boca Rotten. R. 33433 400 23315 Blue Water CirdvaiA 1983 Boca Raton, FL 3347x_ 516 6045 South Verde Trail 1983 BovaRaton„FL 33433 383 4250 Indian Creek Blvd., West 1987 Vero Beach, R. 32966 60 7730 Indian Oaks Drive 1989 Vero Beach, FL 32966 0 274 0 120 400 360 54 99 516 321 40 0 383 354 48 60 509 173 0 0 225 1482 142 279 2033 Ire itt091e9 in Vero Beads. Fbrlde ere to be Istoed pLNSLWd to an 111e111o081 Aaeerwif to be art Bred Frto by the Board of Canty Carrniesbnens of tt9erh River Canty and tle Paint Beata CO my fiealM Fealties Authority. The. pubic thea” wY be conducted In a 1101101 that provides a reasartable apportrnity to be heard for =wilh dirferir>g views an the entry Fido an lift Apartment to palrit the Petri Beach Cotllty Healst Facilities AuAft 10 Isle barbs to film Ube pnrivis located in irdien Rorer Canty. Florida. Any pew dM*N to be heard on this matter is requested to afford the public hem” or sad a repre- oomnenta to CIWW P. VR CanA' Attorney, at fine addr set forth above. al ft � be sabntitted by SerdlrV Such Cammards moo at ire hearg we for the aatsidadm of the Board of Canty CAmmfssiorere and vA rot bid any legal eclion to be taken by the Board.htlerested ;;; at ft free" and be heard with ref an Who .1VP anis to tit ptp�Bd Odra nay CID e0 8t the 011108 Of Ute (lerK Witte Board. 25th StrAyoneeet, Vero Bewish to ads. Florida. _ avarbefit record of the aP OWN" >gs 111811111, r� 'Includes testimonyandevdence upon which the qVW is based "neho needs a special aaoormtoddan for this meeting may intact tty's the CouArrlaicens whin Diaebfions4es Act (ADA) Coor&etor at 567 000, FxL 223, at least 48 haus in advance Of the --MM - 1350459 Nov.13.1996 November 26, 1996 16 M M The Board reviewed a Memorandum of November 20, 1996: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney W06 DATE: November 20, 1996 SUBJECT: PROPOSED RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS NOT TO EXCEED $29,500,000.00 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY The Board of County Commissioners at its regular meeting of November 12, 1996 approved the subject matter for a public hearing on November 26, 1996. Notice of the hearing was published in the Press Journal. A copy of the proposed resolution and interlocal agreement are attached. Administrator Chandler briefly explained that ACTS was desirous of refinancing five facilities, three in Palm Beach County and two in Indian River County. Before the Board today is approval of an Interlocal Agreement and issuance of Revenue Bonds not to exceed $29,500,000 by the Palm Beach County Health Facilities Authority. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Jerry Neal, attorney with Foley and Lardner, appearing on behalf of Adult Communities Total Services, Inc., advised he was present to answer any questions. Commissioner Eggert sought assurance for the record that this matter did not affect Indian River County's allotment, and OMB Director Joe Baird advised she was correct. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution No. 96-149 approving an Interlocal Agreement and the issuance of revenue bonds in an amount not to exceed $29,500,000 by the Palm Beach County Health Facilities Authority. 17 November 26, 1996 BGoK 99 E 937 BBDK RECORDED INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTION NO. R-96- 14 9 RESOLUTION OF THE BOARD OF THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $29,500,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY y� 938 WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is considering the issuance of not to exceed $29,500,000 aggregate principal amount of one or more series of its revenue bonds (the "Bonds"); and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Adult Communities Total Services, Inc. ("ACTS") and Brittany Pointe, an ACTS Community, Inc. ("Brittany Pointe" and, together with ACTS, the "Obligated Group"), to be used to (i) provide funds to refinance the following projects: Name of Facility St. Andrews Estates North Edgewater Pointe Estates St. Andrews Eststes South Indian River Estates East Indian River Estates West TOTAL Location 6152 North Verde Trail Boca Raton, FL 33433 23315 Blue Water Circle Boca Raton, FL 33433 6045 South Verde Trail Boca Raton, FL 33433 2250 Indian Creek Blvd. Wena Veto Beach, FL 32966 77301adiaa Oaks Drive Vero Beach, FL 32966 As of August 31, 1996. (ii) fund a portion of a Master Debt Service Reserve Fund; and (iii) pay costs incurred in connection with the issuance of the Bond; and WHEREAS, the Facilities are owned and operated by ACTS; and WHEREAS, the Authority proposes to finance two of the projects located in Indian River County pursuant to an Interlocal Agreement authorized by Section 163.01(4), Florida Statutes with the Board of County Commissioners of Indian River County, Florida; and WHEREAS, pursuant to the requirements of Section 147(f)(2)(A)(ii) the Internal Revenue Code of 1986 (the "Code") as a prerequisite to the issuance of the Bonds it is necessary that the 18 November 26, 1996 Total Assisted Resident Year Residential Living Nursing Census by Opened Aeartments Unita Beds Facility* 1978 274 0 120 400 1983 360 54 99 516 1983 321 40 0 383 1987 354 48 60 509 1989 173 0 0 225 1482 142 279 2033 (ii) fund a portion of a Master Debt Service Reserve Fund; and (iii) pay costs incurred in connection with the issuance of the Bond; and WHEREAS, the Facilities are owned and operated by ACTS; and WHEREAS, the Authority proposes to finance two of the projects located in Indian River County pursuant to an Interlocal Agreement authorized by Section 163.01(4), Florida Statutes with the Board of County Commissioners of Indian River County, Florida; and WHEREAS, pursuant to the requirements of Section 147(f)(2)(A)(ii) the Internal Revenue Code of 1986 (the "Code") as a prerequisite to the issuance of the Bonds it is necessary that the 18 November 26, 1996 Board of County Commissioners of Indian River County approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners of Indian River County desires to evidence its approval of the issuance of said Bonds solely to satisfy the requirements of the Code and its authorization of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON IISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. That the Board of County Commissioners of Indian River County hereby approves the issuance of the Bonds solely for purposes of Section 147(f) of the Internal Revenue Code of 1986. 2. That entry into an Interlocal Agreement substantially in the form presented to this meeting and attached hereto as Exhibit A is hereby approved. 3. That this Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: (Seal) Eggert who moved Ginn COMMISSIONER FR.AN B. ADAMS, CHAIRMAN Aye COMMISSIONER CAROLYN K. EGGERT _gam_ COMMISSIONER CAROLINE D. GINN Aye COMMISSIONER KENNETH R_ MACHT Aye COMMISSIONER JOHN W. TIPPIN Aye and upon being The Chair thereupon declared the resolution duly passed and adopted this 26 day of November 1996. INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Jeffrey K. Barton, Cle;�- "' e APPROVED AS TO FORM AND LEGAL SUFFIC CY By: Bounty Attorney 19 November 26, 1996 r`.v Jr I • y Deputy Clerk tndan Rev* Ca Approved Dat Admin. Legal Budget Dept Rlsk Mgr. BOOK 99 Fr�cc 939 B00K 99 fA.. A4O PUBLIC DISCUSSION ITEM - REQUEST FOR ISSUANCE OF EMERGENCY PERMIT FOR CONSTRUCTION OF SEAWALL -TAN TELMBY Public Works Director Jim Davis briefly reviewed a Memorandum of November 20, 1996: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo SUBJECT: Requests for Indian River County to Issue FS Chapter 161.085 Emergency Permits for Construction of Seawall for Jan Jelmby REF. LETTER: Jan Jelmby to Jim Davis & Jeff Tabar dated Oct. 25, 1996 DATE: November 20, 1996 DESCRIPTION AND CONDITIONS Jan Jelmby has requested that the County issue an "Emergency" permit to construct a seawall along his property at 3630 and 3636 Ocean Drive in the corporate limits of the City of Vero Beach. Mr. Jelmby has also been contacted by the County Building Department requesting him to make the necessary repairs or to remove the unsafe portion of the structures which have been exposed by erosion. Florida Statutes Chapter 161.085(3) states that "if erosion occurs as a result of a storm event whicb threatens private structures or public infrastructures and a perrrrit bas not been issued pursuant to Subsection (2), the agency, political subd(vision, or municipality may install or authorize installation ofrigid Coastal armoring structures for the protection of private structures... as long as the followingitems are considered and incorporated into such emergency measures: a) Protection of the beach dune system; b) Siting and design criteria for the protective structure, c) Impacts on adjacent properties; d) Preservation of public beach access; e) Protection ofnadve coastal vegetation and nesting marine turtles and their batchlings. " Paragraph (6) of the statute states that " .. the structure... shall be temporary... and the property owner shall remove the structure or submit a permit application to the Department (D.E.P.) for a permanent rigid coastal armoring structure... within 60 days after the emergency installation of the structure or other measure to relieve the threat... " In speaking with the F.D.E.P. staff, the newly adopted Chapter 62B-33.0051(6) Rules and Procedures for Coastal Construction and Excavation, Coastal Armoring and Related Structures, Emergency Protection, contains more specific language 20 November 26, 1996 � � r which pertains to emergency permit issuance by local governments. Structures must "have become damaged or vulnerable to damage from a subsequent frequent coastal storm. " "Vulnerable" is when an eligible structure is subject to either direct wave attack or to erosion from a 15 -year return interval storm which exposes any portion of the foundation." ALTERNATIVES AND ANALYSIS In analyzing the application received, staff has met in Tallahassee with DEP Bureau of Beaches and Coastal Systems, conducted site visits with FDEP staff, and reviewed the application for completeness and conformance with Florida Statutes. FDEP staff has indicated that an emergency permit is recommended for the applicant. The applicant's two primary dwelling foundations have been exposed and are under direct wave attack. The applicant has proposed meeting the five state requirements as follows: a) Protection of Beach and Dune Sys - The applicant has stated that there is "no dune to protect", however, the applicant is aware that the structure is designed to minimize impacts to the beach dune system. Construction will take place by placing and operating a crane seaward of the wall. Access to the beach will be from the applicant's property. b) Siting and Design Criteria for the Protective Structure - The applicant has contracted Cangianelli Construction which has provided staff with design drawings. A drawing showing the seawall location was submitted to the FDEP for review. The structure will be as far landward as is practicable. The sheet pile seawall with a concrete cap and deadman is adequate structurally as designed by a structural engineer. c) Impacts on Adjacent Properties - The applicant has stated "the property to the south have already since many years secured their property with a seawall," the Village Spires. As to the property to the north, which is a 350' vacant lot, the applicant will construct a return wall 35' at 900 to the shoreline. d) Preservation of Public Beach Access - No public access frontage will be influenced by the construction of the seawall. e) Protection of Native Coastal Vegetation and Nesting Marine Turtles and their Hatchlings - All coastal vegetation disturbed will be restored. As little disturbance to vegetation as possible will occur. No work will be performed during turtle nesting season. County staff has contacted the City of Vero Beach for review. The City of Vero Beach has suspended Chapter 75, Beach Maintenance & Preservation of the Vero Beach Code of Ordinances and has no comments on the proposed construction. (see attached correspondence from Mark Satterlee.) RECOMMENDATIONS AND FUNDING Staff recommends that a FS Chapter 161.085 (3) Emergency Permit be issued for the Jelmby properties at this time subject to the following conditions: 21 November 26, 1996 Boos 99 Fao;E 941 �E�QCJ'K ,f,,xu �,2 1) Seaward of the wall, beach compatible sand is placed to reestablish the beach and dune system. 2) The seawall be placed as landward as possible. A location 15'± from the existing homes is currently recommended by County staff and the alignment of the seawall shall be placed adjacent to the existing Village Spires seawall angled back towards the residences as shown. The FDEP is currently considering this alignment and the results of their findings will be presented at the Board meeting. 3) Any adverse impacts created by the seawall on adjacent properties be mitigated by sand placement to be determined by staff. 4) No public access exists perpendicular to the dune 5) The construction shall have minimum impact on native coastal vegetation and any native vegetation removed or damaged will be replaced. No construction shall occur during the turtle nesting season. 6) The emergency seawall shall be temporary and shall be removed unless a F.D.E.P. permit for a permanent seawall is acquired. Commissioner Eggert thought they had already seen photographs of this property and Director Davis advised that the aerial photographs shown at last week's meeting covered different properties. Commissioner Eggert inquired if the conditions included seeing that the sand was properly filled in. Director Davis advised that he had spoken about that this morning with Mr. Jelmby who had a concern about placing a large amount of sand seaward of the wall, but they had reached an agreement. Staff does not want the contractor depleting sand from the beach system by moving it behind the seawall. He thought Mr. Jelmby and the staff had worked out an amicable agreement. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Ginn, to determine that an emergency exists and approve recommendation and conditions as outlined in the memorandum. On advice of County Attorney Vitunac, Chairman Adams asked if anyone from the audience wished to comment and no one came forward. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. 22 November 26, 1996 PUBLIC DISCUSSION ITEM - KENNETH S. EMGIN REQUEST TO APPEAR CONCERNING INRIVCO The Board reviewed letters of -November 12, 1996 and November 18, 1996: N')V-Ib-yb MUN :v:bl YM ALL -AW ILAli trRUUY rAA NU 212 67'3 1541 MARKAn Organization of Specialists CENTERS TRUST November 12. 1996 Mr. Kenneth S. Knigin AMERICAN CONSULTATION SERVICES, INC. 511 Avenue of the Americas Suite 212 Now York, New York 10011 Dear Ken: As a result of your failure to provide me with a 42-12% interest in this Pr'oleM as we had Ongin"Y agreed, I find it necessary to withdraw from your various proiects. 1 expect you to notify anyone you have notified that 1 am a part of any of your projects that I am no longer involved, and I intend to do the same. Very truly yours. ks:mm Marvin L. Slomowitz enclosures Post4t' brand fax transmittal memo M • er w9•-- / Krim eo. OWL f P.Q. Baas 1678 - 600 Third Avenw - Ktr�ZaW, PA 187041876 - 717.=&4W1 . FAX 717-269.1028 23 November 26, 1996 8100K 99 PAI"L 943 Mr. Terrance G. Pinto Director of Utilities Services Indian River County, Florida 1840 25th Street Vero Beach, Florida 32960 Re:. DMNCO w. Indian River County November 18, 1996 86a 99 f-*'Ilc 944 AMERICAN CONSULTATION SERVICES, INC. 311 AVENUE OF THE AMERICAS - SUITE 212 NEW YORK„NEW YORK 10{)1: TEL 212 073.1600 FAX 112 673-1641 Dear Mr. Pinto: I This communication is forwarded, at your specific request, as a result of certain press inquiries relative to the "withdrawal” of Marvin L. Slomowitz ("MLS") as a principal from the company developing the above project. Your attention is directed to the AM that the MLS withdrawal follows a default by MLS in remitting the agreed consideration for the capital shares of this special purpose development company. The spar were allocated, by formula, upon condition that MLS would perform cerrain agreed acts in regar to the project. During the period between March and November, 1996 ("organizational peri .), MLS was repeatedly advised that no capital shares could be issued, to him, until he met his finaaciei, and other, obligations as agreed to with the remaining principals of D3tIVCO. It appears that MLS discovered his inability to comply with the understanding and consequently voluntarily withdrew. Ifa subsequent statements to the press were merely an effort to dilute the impact of his default The Jernaming principals of INRIVCO had recently become suspect of the inability of MLS to co y, as agreed, and consequently in and about October, 1996 began arranging for standby sources for the contribution of the equity capital, which was the agreed obligation of MLS. During the entire organizational period the remaining principals naw to it that every financial obligation of this company was met and every detail for the orderly continuance of the project was accounted for. To date, the remaining prmcq)Ws have advanced all of the capital necessary, for the orderly conduct of this project and, in addition, have guaranteed certain other financial arrangements, without participation by MLS. The Quality of the project, the first ofirs kind kn the United States, and the financial depth of the joint ventc}re participants (hereinafter discussed). allow for sign ficaat interest by a number of other propped financial participants. Discussions with these entities continue. In the meandmc, it has becoMe increasingly obvious that the need for equity finding, for this project, has become greatly reduced by virtue of the financial mvestmews of the remaining principals and the economies which were practiced during the organizational period As a result, the amount of equity funding in regard to, this project, has become substantially reduced. Discussions with proposed equity investors continue to date due to the decision to undertake three additional similar projects. At all times during the organizational period, and prior thereto, arrangements have been in place to provide the financing of the entire construction program for the project. These project financing programs remain under active consideration by both GE Capital Corporation ("GE Capital") and Gnmtal & Co., Incorporated ("Gtlmtak"). Appropriate written confirmations have been received from both companies. The communication fim GE Capital constituted a portion of the original Response to Request for Proposal (MRFP"). Needles to say, definitive commitmems cannot be issued until execlltinn- i f the proposed contract between Indian River County ("IRC") and INRIVCO. project team assembled for INRIVCO is comprised of several entities. All are joint venture paiapants. The organizational chart, for this project, is forwarded herewith. Included as principal &i&=QW1 SM401 CMM A121- ("PSG") of Houn0n, Texas - a wholly owned subsidiary of Air & t W er Technology ("AWT") (a corporation traded on the American Stock Exchange), which is is tum majority controlled by Compagnie Generale des Eaux ("CGE"). CGE is the largest municipal semen company in the world with revenues of more than S34 billion and a net worth of approximately S17 billion. CWs US operations have annual revenues of over S1 billion and approximately 8,000 employees. PSG provides cost effective services to operate and maintain waste treatment facilities and manage bio -solids disposal programs. Since 1978 PSG has been operating, maintaining and managing waste facilities in this country. PSG presently operates state-of-the-art composting facilities, more large complex facilities across the United Stases than any of its competitors including, the entire water and wastewater system serving the Commonwealth of Puerto Rico. Additionally, PSG operates waste treatment plants in New Orleans, LA; four plants in Oklahoma City, OR; Brockton, MA Cranston, RI: New Bedford, MA, Fall River, MA; Houston, TX; Winter Garden, FL; West Haven, CT; Schenectady NY; and Bristol, TTI. In 1988 PSG was se" to act as the operations and maintenance consultant to Raiser Engineers for the new multi- billion dollar Boston Harbor clean up project. Additionally, PSG has unequaled waste disposal experience throughout the United States. CGE and their affiliates operate more than 50 solid waste material recovery, shredding densified fiuel pellets, composting and co -composting facilities throughout Europe and Asia. The financial background of AWT, has previously been submitted in 24 November 26, 1996 the RRFP. CGE has agreed to guarantee all aspects of the PSG operation and araimeaance responatbilities in conjunction with the project. PSG has agreed to be responsible for the full operation and maintenance oversight for this project. Heil -EMS:. WAU Mr MD;,ac nn ('Reg") of Brookfield. WrMonsin - a wholly owned subsidiary of Dover Industries. The Engineered Systems Division designs, builds and provides turn -key installations of waste processing fiucr7rtM, including Material Recovery Facilities ("MRF"). This activity has continued at Heil since the late 1960s. Over 50% of fWs 5280 million annusi sales are derived from solid waste equiptrom, thereby sigaifyiag the company's long term commitarent to this field. Heil is the largest supplier of solid waste equipment in the United States. Hail's activities are international in mune. The annual sales volute of Dover Industries is in excess of 35 billion. Dover Ind es has agreed to guarantee all aspects of the MRF construction and installation by Heil in eorron with the project. Heil has agreed to be responsible for the design, construction and installation of the MRF required for waste fixctionalimon at this facility. LamC2 ort ("Utepto") of Valhalla, New York - a wholly owned subsidiary of Linde AG. Lotepro is an American corporation established in 1962 and a wholly owned subsidiary of Linde AG Of Germany, a cornparry with annual sales of approximately S6 billion and assets of more than S3 billion. Lotepro was established to offer special technology and provide engineering, construction and operations services to the North American marketplace. Lotepro has designed and buil more than 200 plants in North America and abroad, is IS09001 Certified and executes its projects to provide continual quality assurance and control. Lotepro's participation with DdtIVCO is to design a waste treatment plant with state-of-the-art anaerobic digestion systems. Lotepro provides on-going technical services ranging from site specific trouble aboouing to full contract operations at over 8o waste facilities annually. Linde AG has agreed to guarantee all aspects of the Lotepro waste conversion (anaerobic digestion) process in conjunction with the project. Lotepro has agreed to be responsible for the design, construction and installation of the anaerobic digestion process to be utrlud for waste conversion at this facrJity. The combined annual gross revenues of these three companies totals $45 billion. Moreover, their experience and reputations guarantee the high standard of their respective participations in this projefx. The financial depth of these companies, which are responsible for all aspects of the waste disposal activities, provides absolute assurance of the quality of their performance., The real estate management and development activities. originally to be assumed by MLS, will be undertaken by a replacement company. Present discussions and negotiations are underway with the Adler Group of Miami, Florida, who is not only well known to south Florida, but in addition, has performed a sigoifica nt project in the Vero Beach, Florida area, to wit the development of the Sears, Roebuck warehouse fiucdity. This company's experience in the development of industrial. sites will, upon contract acceptance, provide an outstanding layout and utilization of the IRC land parcel made available for this project. In addition, it is contemplated that the Adler Group will supervise all leasing activities for vendor/tenants occupying the Park. During the organizational period, the participating principals of INRIVCO have maintained discussions and negotiations with qualified, serious prospective tenants. Some have indicated a desire to initiate their tenancies at the earliest time reasons* possible. These diseusffions, also, speak to a significantly high success rate for the venture. The Acycding program to be implemented at this facility is designed to achieve at least a 501/o recycling rate. INRIVCO has continued in its program of further refinement of techniques and participants in order to assure the highest quality installation for IRC. Once an agreement is signed with IRC appropriate agreements will be signed with each of the participating entities, thereby confirming the selection process. In any event, all of the material representations originally set forth in the RRFP continue to constitute the program undertaken by DdUVC0. The change of personnel, at any level, never changes the basic requirements to produce in accordance with the RRFP. If anytivng, the current array of patties and companies will assure an evert superior laud of quality exaction of the project. IN1trVCO continues in its pledge to provide all of the capital necessary to complete the project without any capital contribution by IRC, wblle maintaining a lower tipping fee for the County than any other submitting proposer. INRIVCO has cooperated, in every manner with the County, to asatue the success of this proposed venture. The significant financial investment by INRIVCO, to date, provides eloquent testimony to its' commitment. We look f t ward to our conthri ft relationship with IRC and to the early execution of the negotiated proposed agreement, which has previously been provided to you. f S. Kni 25 November 26, 1996 BOOK 9 ZI P,�,i,E. 945 Fr- -I Box Fist Chairman Adams cautioned that it would be inappropriate to discuss anything about the contract at this meeting as contract negotiations are still underway. (CLERK'S NOTE: During the following presentation, Mr. Knigin referred to and read from several documents, copies of which were not available at the meeting. Directly following the meeting, Mr. Knigin was requested to supply copies of those documents which he did via FAX under the following cover letter dated November 27, 1996. Copies of the documents have been placed on file with the backup materials for the meeting in the office of the Clerk to the Board.) .AMERICAN CONSULTATION SERVICES, INC. 511 AVENM OF THE AMERICAS, SUITE 212 NEW YORK, NY 10011 TEL 212 673-1600 FAX 212 673-1641 FAX TRMISMISSION COVER SHEET Date: November 27, 1996 To: Aiiw White F= (561) 770-5334 Be: Indian giver County Commission Meeting 11/26!96 Sender: Kea Knigin YOU SHOULD RECEIVE -11 PAGE(S), VgMt DING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (212) 673-1600 x14 In accordance with the fax request of Commissioner Carolyn Eggert, received this day, forwarded herewith please find relevant portions of documents quoted from, by me, at the above meeting. Please note that any redacted or omitted material relates to confidential corporate matters which were not included in the presentation and are irrelevant to it. The documents are: 11/26 letter from the Adler Group. 11/12 letter from Marvin L. Slomowitz. 11/5 letter Knigin to Slomowitz 7/29 Memorandum Agreement (proposed) 9/13 letter and proposed agreement Slomowitz to Knigin (executed by Slomowitz). If we may be of any further assistance, please advise. 26 November 26, 1996 Kenneth S. Knigin thanked the Commissioners for allowing him to appear and advised that he and Mr. Norman Lipshie were present to clarify recent local newspaper articles and other stories concerning INRIVCO and the proposed industrial park at the Landfill. He assured the Board that he and Mr. Lipshie "stand by every word of" their proposal to Indian River County; however, Mr. Slomowitz has withdrawn from participation in the Indian River County project and other joint projects. Mr. Knigin explained in detail the roles and qualifications of the original three partners. Mr. Slomowitz was included in the group for his financial worth and was to have supplied the financial backing for the project. However, Mr. Knigin thought an old quote might apply: "Sometimes you can't separate a man from his wealth". Mr. Knigin stressed that Mr. Slomowitz was to have contributed the equity investment of $1 million toward the venture before getting his stock. Mr. Knigin proceeded to give a lengthy, sequential narrative telling of a memorandum agreement which had been drawn up in late July 1996 to memorialize the understanding the three had reached. It was sent to Mr. Slomowitz for his signature, but Mr. Slomowitz' attorney drew up a joint venture agreement, which he (Slomowitz) had signed and sent to Mr. Knigin in September asking for his and Mr. Lipshie's signatures. Meanwhile, Mr. Knigin and Mr. Lipshie had already substantially invested in the venture. In a letter written November 5, 1996, to Mr. Slomowitz, Mr. Knigin advised him that cash flow needs had grown and in order to acquire an equity interest in the company (INRIVCO), it would be necessary for Mr. Slomowitz to now invest $1,500,000. In his November 12, 1996 response, Mr. Slomowitz advised that he found it necessary to withdraw from the various projects and that he expected Mr. Knigin to notify those concerned and that he (Slomowitz) intended to do likewise. It was apparent, due to the swift publication of the newspaper article, that Mr. Slomowitz had immediately notified the local newspaper. Mr. Knigin explained that due to receipt of the letter late in the week with the intervening weekend, regrettably it was impossible to notify the Board before they read about Mr. Slomowitz' withdrawal in the newspaper. Mr. Knigin mentioned that they have three other industrial parks in the planning stages, two in New York and one in Oregon. He stressed that other financing will be available for the project. Mr. Knigin suggested that the real concern of the Board was whether the project has the potential for success. He gave many assurances that it does and that it will be developed correctly. 27 November 26, 1996 �Gor 99 rnf.947 8DOK ,9 D 1148 He stated that the investment community does not like to invest in waste -related transactions unless there are "deep pockets" involved, also the county must be credit -worthy. He named several companies which are interested in the project and detailed their recent investigations concerning production of methane gas. He explained the following organizational chart and provided more details concerning the three named companies. • PROJECT ORGANIZATION . INRIVCO Waste cycling and Processing Park, Inc. Professiona�Inc. Services Group(opa-ations & maintenanc Engineering Oversight Development Oversight HEIL Co. LOTEPRO Real Estate erials Recovery Facility CORP. Construction Co. Management Co. 1(-astecormwsbn1edvxAoff)1 Feed or Soil Cat Litter Recycled Rubber Tire Reclamation Supplement Recycled Newsprint Floor Cowering Crumb Rubber Various Recycled Refuse Derived ed Fibs Plastic Ltmb� Plastic Products Soil Remediation FuebProducts & Products Mr. Knigin pointed out that constant fine tuning of the project is necessary and the numbers have to make sense because it is their money on the line. He affirmed they are not looking to the County to provide money. Mr. Knigin reported that they are being "deluged" by people in the business interested in coming to Indian River County. He explained the role of Ocean Spray with respect to the need/plan for steam generation. He advised of a meeting with the Adler Group in Miami and that industrial parks are their area of expertise. He stated that Adler is desirous of providing the leasing, management, and development of the industrial park. In reference to Adler investing equity capital in the project, he read a letter he had received by FAX indicating their interest in further discussion. Mr. Knigin assured the Board that the project was extremely viable and worthwhile. Norman Lipshie also assured the Board that they have personally supported this project, have the ability to continue to support it and will support it. He told of meeting with Grunthal 28 November 26, 1996 and GE Credit. He predicted the project would be completed with the most modern technology known in the industry. Commissioner Eggert thanked them for the very clear presentation. She explained the reason the County is purchasing land near the landfill is for expansion of the landfill and that the County has provided INRIVCO an opportunity to lease the land. Mr. Knigin responded to several questions posed by Commissioner Ginn concerning the participation of the Adler Group, plans for organic conversion, steam generation and the amount of waste stream necessary to make generating steam feasible. Utility Services Director Terry Pinto expressed confidence in the project whether it is developed by this company or another. He did not feel waste stream would be a problem, that the people who will utilize the project will rely on low-cost purchase of raw material and their survival is based on the sale of the end product. Director Pinto reported that staff has been other than delightful in their negotiations with Mr. Knigin in their effort to get a fair deal. He stressed that the success of the project is the elimination of greed on the part of any partner and everyone involved needs to understand that. It is important to make sure that everyone is happy when they leave the table. He has talked with people all over the country about the project, and reported that the whole process is being watched by others who are interested. He emphasized that in order for the project to succeed here, it must have the support of the community. Commissioner Ginn asked if it might be possible to get a conditional contract in an effort to get financing commitments, and Mr. Knigin responded that Director Pinto and County Attorney Vitunac are very tough negotiators and that an understanding has not yet been reached. He also commented that lenders cannot commit financing based on "ball park" figures, but require specific information. He expected that negotiations would be moving more swiftly now. Commissioner Ginn was concerned that Director Pinto and County Attorney Vitunac might need more help in negotiating, and Administrator Chandler assured her that while they are the primary negotiators, they receive input from him and other disciplines. Commissioner Ginn strongly felt it would be better to have a negotiating team which might consist of 2 county attorneys, the Budget Director and the County Administrator as she believed there is wisdom in many opinions. She also wanted a workshop after November 26, 1996BooK 99 Fa�F9 ma f�u 950 receiving all the material the Board has to analyze in order to make a decision. Administrator Chandler again assured her there has been a great amount of input from him and the Budget Director. He was presently very carefully studying a draft agreement which was prepared last week. He stated they are making good progress in negotiations, but significant work is still necessary especially in the financial aspects. Commissioner Macht felt that Commissioner Ginn's concerns were valid since this will be a 40 -year contract and many circumstances and regulations will change over that period of time. Commissioner Eggert agreed that it was good to have a number of people in on the negotiating, but it is not particularly good to add people who are not familiar with the project just for the sake of having more people on it. MOTION WAS MADE by Commissioner Ginn to establish a team consisting of Administrator Chandler to lead, Director Pinto, 2 County Attorneys, Budget Director Baird, a member of the Commission and a member of the community, perhaps Gene Winne, to evaluate and analyze the contract. Chairman Adams objected to the inclusion of Mr. Winne and Commissioner Ginn agreed to eliminate him. Attorney Vitunac cautioned that they do not want to formalize a team because they would get into sunshine laws with minutes and negotiating in public. Commissioner Eggert knew they were meeting on this and felt it was Administrator Chandler's decision on whether or not to set a committee. She has made it very clear that Administrator Chandler is the one responsible. Commissioner Ginn commented that because she is a new Commissioner, she has a number of concerns and has to be certain because it is a long agreement. Commissioner Macht SECONDED the motion for discussion. Chairman Adams, Commissioners Tippin and Eggert spoke against the motion giving their reasons. Commissioner Macht believed the Administrator feels he has all the help and input he needs. 30 November 26, 1996 THE CHAIRMAN CALLED THE QUESTION and the motion failed 1-4, with Commissioners Adams, Eggert, Macht and Tippin against. Gene Winne, 2096 Windward Way, Vice President/Board of Directors of the Civic Association, advised his background was in the chemical and plastics industry and investment banking. He wished to make it clear that he was a recycling advocate. While he commended Mr. Knigin for the innovative project, he was concerned about the project's feasibility because of the present soft market in the recycling industry. Mr. Winne asked Mr. Knigin to answer numerous questions as follows: Which entities will be actually owned by INRIVCO vs those to be operated by customers for various recycle streams? What is INRIVCO's estimated total investment and capital structure, particularly debt vs equity requirements? Who are the actual partners with legal and financial responsibility to the County, apart from the various obviously high-grade contractor/ associates? Aside from spoken assurances, what guarantees does the County have that the project will be successful? What are the total revenues anticipated from product sales and leasing vs County tipping fees of $4-5 million per year? Is it really practical to contract out to 40 years with a fixed pricing formula, knowing that many underlying factors can change radically with passage of time? Mr. Winne realized that the answers to some of the questions got into confidential data, but stressed that the Board carries a heavy responsibility in committing to the project and they need to feel confidence that it can succeed. In summary, Mr. Winne suggested three separate yet overlapping goals that need specific evaluation: 1) The political need to recycle; 2) The optimum/ economical method to recycle and extend the landfill capacity; and 3) The creation of new jobs and enhancement of our economy. He hoped it would be possible for all to work together to proceed toward an early mutually beneficial conclusion. Louis Schlitt, speaking on behalf of himself and a member of the Chamber of Commerce Industrial Committee, stressed that we should not lose sight of the objective but should focus on the uniqueness and quality of what many people want to have. From his real estate experience, he maintained that a contract is essential before you can negotiate. When people back out, it does not necessarily mean doom, but may be just an opportunity for someone else to build on. He maintained we have a good group of people and they should be given a chance to prove themselves. 31 November 26, 1996 BOOK 99 Fac, 951 Boos 952, Peter Robinson, local builder/developer, noted that from past negotiating experience, he vouched that County Attorney Vitunac was always protecting the County. He commented it was a difficult task trying to find somebody to make our land worth something. Commissioner Macht commented that 40 years from now he would be getting along in years and wanted to be able to look back and say this was done right. County Attorney Vitunac interjected that it actually will be 80 years. Pat Silk, of Jobs Training Centers, Inc., 1408 Old Dixie Highway, advised of the need for skilled high-tech and high -wage industries to employ skilled workers. He supported the project with safeguards as it will be good for the County, and our quality of life, and that it will be economically viable. Brian Bogart, plant manager of Ocean Spray on Oslo Road, spoke in support of the project and stressed that the citrus industry is very important to this community. He considered it very important and is always looking for ways to produce a higher return to his growers by cutting costs. Utilities are the big cost in the industry. He thought a linkage with the park would be beneficial for the significant reason that the source is so close to the recycler. Mr. Bogart recounted how he has been investigating a device which would convert combustibles to heat source. Ocean Spray would use the steam to run machinery which presently costs them $400,000 annually for electrical power. He suggested that off-season, the energy generated might be used for the City of Vero Beach power plant. He regarded this as a unique chance for the County to build an industrial park and still maintain high standards for a very clean industry in an ideal location. He emphasized that the project makes extreme sense but requires utmost caution and due diligence. He stated it will help all the people in the county and offered to answer questions. Commissioner Ginn was very troubled about whether there would be enough combustibles remaining, after the recyclables are removed, to produce the energy level necessary, and Mr. Bogart believed it would because a large amount of combustibles go to the landfill right now. He also advised that ash is very recyclable and with modern equipment there are no visible emissions from the stack. Director Pinto advised that staff had the same concern and emphasized that the facilities being built are sized to the waste 32 November 26, 1996 stream that we know is there. He pointed out that an advantage of the park is that each facility will be dependent on the other. Gene Gagliardi, president of Indian River Aerodrome Group, felt this morning's discussion had been very enlightening. He asked why Indian River County was selected for this industrial park project, and Chairman Adams replied that the County solicited bids and selected this firm from the bids. Mr. Gagliardi also asked about technical advisors for the County, and Chairman Adams responded that experts, Camp Dresser & McKee and Raftelis, had been hired to do research and make recommendations. From his engineering background, Mr. Gagliardi was aware of prior failures to generate methane as a fuel. He suggested that some technical people be hired for our side to investigate before the decision is made. Chairman Adams assured Mr. Gagliardi that the Board looks to consultants very often, and that in this project the County expects to be the leader, not the guinea pig. Mr. Gagliardi was concerned the county would end up being the garbage disposal area for the east coast of Florida, and Chairman Adams assured him it was not going to happen and Commissioner Eggert pointed out that there will be a cap on the amount of garbage coming in. Milt Thomas, Chamber of Commerce, speaking for himself, reminded everyone that the objective of negotiations is not "victory" but "agreement". He supported the project and hopes it works. Chairman Adams expressed appreciation to Messrs. Knigin and Lipshie for taking the time to come to Vero Beach and appear before the Board. Commissioner Eggert pointed out once the contract is finalized, many of the questions would be answered. Commissioner Ginn requested a list of the technical firms currently working on this project which Administrator Chandler will provide. Chairman Adams suggested that staff set up a time to meet with Commissioner Ginn to bring her up to date on this project. Chairman Adams announced a short break at 10:50 a.m. and the Board reconvened at 10:59 a.m. 33 November 26, 1996 Boa 99 uU 953 r awD 'e9,54. HISTORICAL SOCIETY'S REQUEST FOR BENCHES FROM OLD COURTHOUSE Administrator Chandler reviewed a letter of November 21, 1996, and a Memorandum of November 22, 1996: Yero Station ost•wtsnod 1903 Honorary DirOW= Dr. Eugene Lyon Chariotte Lockwooe John J. Schumann. Jr Mr .lames C'hAndler County Administrator inriiAn River {`aunty, 1840 26th Street Vero Reach. Florida 32960 Indian River County Historical Society it c. 2336 14th Avenue Vero Beach, Florida 32961 November 21. 1996 RE- Original 1936 Courir.-x m Benches, Old Indian River County Courthouse Dcar Jinn P. O. Sax 6535 407/778-3435 On behalf of tha Indian River Ccrmty Historical Society and the Vero Heritage. l would like to recuest that the ten (10) original 1930 courtroom benches beset aside for preservation and the puNio's use. These benches were part of the original courtroom that occupied the entire =ond floor of the old buildhig. When retno deling occurred in the late 1950s and early 1960s, they were moved to one of lite new. sinaller courtrooms crented from the larger mom. Therefore, it =ins appropaate that since the old counhousc will be lust to t1:e community as a public building thnt these oril;iral benchcc should be saved and utili and in a public scuing. Iiia Heiitfge Center has a large public arca where these benches can be displayed and used. We would appreciate your consideration rnd the commission's approval of this request. 1 would like to at,ology for the :ituing of this request but we did not realize the entire contents of the old courthouse would be pan of de auctions scheduled for Friday, November 22, 1996 34 November 26, 1996 Sincerely, I9—C. Ruth Stacbridge TO: Board of County Commissioners DATE: November 22, 1996 SUBJECT: Request from Historical Society FROM: James E. Chandler County Administrator The day before the scheduled auction of the old courthouse, I received the attached request from Ruth Stanbridge, on behalf of the Historical Society, to donate 10 courtroom benches. I concurred with her request and in view of the time element, I authorized removal of the benches from the list of items to be auctioned. State Statutes provide for donation of such property to a non-profit organization upon approval by the Board of County Commissioners. Formal consideration and approval of the Board is recommended to donate the 10 courtroom benches to the Historical Society for use at the Heritage Center. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the request of the Historical Society for 10 courtroom benches from the old Courthouse. FLORIDA CONIrVRINITIES TRUST URGED TO EXTEND COST- SHARING GRANT AWARD FOR PURCHASE OF LOST TREE ISLANDS The Board reviewed a Memorandum of November 22, 1996: TO: James E. Chandler County Administrator DEP RTMENT HEAD CONCURRENCE: Robert M. Keating, AIEP Community Development Director FROM: Roland M. DeBlois,'AICP Chief, Environmental Planning DATE: November 22, 1996 SUBJECT: APPROVAL OF A LETTER FROM THE BOARD CHAIRMAN URGING THE FLORIDA COMMUNITIES TRUST TO EXTEND ITS COST -SHARE GRANT AWARD FOR PURCHASE OF THE LOST TREE ISLANDS It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 26, 1996. DESCRIPTION AND CONDITIONS This memorandum is to request that the Board of County Commissioners authorize the Board Chairman to sign a letter to the 35 November 26, 1996 BooK 99 u F 955 Florida Communities Trust (FCT), cost -share grant extension for Islands. Background boa 99 f*a 956 urging the approval of a 6 month the purchase of the Lost Tree On April 12, 1994, the Board of County Commissioners approved a Conceptual Approval Agreement (CAA) with the Florida Communities Trust for a 40% cost -share grant regarding purchase of the Lost Tree Islands. As a part of that Agreement, the County elected to have the FCT be the lead negotiator of the purchase. Because the Lost Tree Islands are located partially within the City of Vero Beach and partially within the Town of Indian River Shores, the City and the Town are parties to the Agreement. In accordance with State procedures and county policies, appraisals and negotiations for the purchase of environmental lands are confidential. In general, however, regarding the Lost Tree Islands, FCT made a formal offer to Lost Tree Village Corporation in February, 1996, based on two certified independent appraisals. Just recently, representatives of Lost Tree submitted a counter- offer to FCT, and have been meeting with local officials on land use issues in an effort to facilitate a coming to terms. FCT Grant Extensions Generally, FCT Conceptual Approval Agreements are structured to expire after 6 months, unless an extension is formally requested by a grant recipient and approved by the FCT Governing Body. In the past, such extension approvals have been routine, with the County obtaining CAA extensions as a matter of course for its FCT grant projects, including the Wabasso Scrub and Prang Island properties, which the County has purchased. The FCT grant award for the Lost Tree Islands will expire on December 4, 1996, unless an extension is approved by the FCT Governing Body at its quarterly meeting on December 3, 1996. To date, the FCT Governing Body has approved four 6 month extensions to the original Lost Tree Islands CAA. On October 31, 1996, county staff sent a standard CAA extension request letter to the FCT for the FCT Governing Body to consider extending the Lost Tree Islands CAA an additional 6 months, to allow for continuing negotiations (see attached). However, FCT staff has advised county staff that, during the 1996 State legislative session, the Legislature adopted provisions that limit new FCT grants to a maximum of two years. Consequently, FCT grants that were awarded prior to 1996 and have been extended more than two years are under increased scrutiny, and FCT approval of further extensions is less assured, particularly if significant progress in negotiations is not apparent. Both the City of Vero Beach and the Town of Indian River Shores consider the Lost Tree Islands to be a top priority acquisition, to protect against island development. Vero Beach attorney staff has advised county staff that the City is planning to send a letter to the FCT urging that the grant extension be approved and that the FCT continue a diligent effort to negotiate purchase of the Islands. A similar letter is expected to be sent to the FCT from the Town of Indian River Shores. ANALYSTS County staff has contacted FCT staff, and FCT staff has indicated that it supports an extension to the Lost Tree Islands CAA, and will recommend to its Governing Body that the extension be 36 November 26, 1996 M M approved. Further, FCT staff expressed confidence that, with its positive recommendation, there is a good chance that the extension will be granted. FCT staff did advise, however, that a letter of support from the Commission Chairman would be helpful, particularly since the County is the principal grant recipient and similar letters are expected from Vero Beach and Indian River Shores. County staff asked FCT staff if it would be prudent for the County to send a representative to attend the December 3, 1996 FCT Governing Body meeting, in case questions arise concerning the grant extension request. FCT staff indicated that they did not think it was necessary. Nevertheless, county staff will keep in touch with FCT staff, and will be available to attend the December 3rd FCT meeting in Tallahassee if determined by staff to be warranted. RECOMMENDATION:. Staff recommends that the Board authorize the Board Chairman to sign the attached letter to the Florida Communities Trust urging the FCT to extend its cost -share grant to allow for continuing negotiations regarding purchase of the Lost Tree Islands. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to sign the proposed letter to the Florida Communities Trust urging the FCT to extend its cost -share grant to allow for continuing negotiations regarding purchase of the Lost Tree Islands, as recommended in the Memorandum. VERO BEACH FIREFIGHTERS RELIEF & PENSION FUND - PROPOSED CHANGE FOR INCREASED RETIREMENT BENEFIT (DELETED FROM AGENDA) PEP REEF - PARTIAL RELEASE OF RETAINAGE - AMERICAN COASTAL ENGINEERING The Board reviewed a Memorandum of November 19, 1996: TO: James E. Chandler, County Administrator DATE: THROUGH: James W. Davis, P.E., Public Works Director FROM: Jeffrey R. Tabar,�� Coastal Engineer SUBJECT: Partial Release of Retainage - Vero Beach PEP Reef American Coastal Engineering 37 November 19, 1996 November 26, 1996 BOOK 99 P,,"E: ��'7 Boa 99 mu DESCRIPTION AND CONDITIONS Weather permitting, construction is within four days of completion on the Vero Beach PEP Reef, and American Coastal Engineering is requesting partial release of retainage in the amount of $167,437.50. Attached is the Application for Payment, Invoice No. VB96-006 and the Certificate of Substantial Completion. Below is a tentative list of items to be corrected or complete before the entire retainage is released. 1) Install nine steel end plates on remaining insure reef segments. 2) Install copper number plates on reef units. 3) Repair and/or patch approximately five reef units. Also attached is the periodic progress report from Sea Systems Corp. for period Oct. 1. 1996 thru Nov. 5, 1996. ALTERNATIVES AND ANALYSIS In analyzing the contract for final payment and acceptance Section E states "If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, the County shall.. and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted (as defined in Exhibit "B"). Such payment shall be made under the terms and conditions goverrringfrnal payment, except that it shall not constitute a waiver of claims. " RECOMMENDATIONS AND FUNDING Staff has review the attached paperwork and requests that the partial release of retainage in the amount of $167,437.50 be approved. Funding to be from 128- 144-572-033.19 ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the partial release of retainage in the amount of $167,437.50 to American Coastal recommended in the Memorandum. 38 November 26, 1996 Engineering, as PAVING IMPROVEMENTS TO 53RD AVENUE SOUTH OF 16TH STREET IN SUNDOWNER'S SUBDIVISION - AS -BUILT RESOLUTION AND ASSESSMENT ROLL The Board reviewed a Memorandum of November 13, 1996: TO: James Chandler County Administrator DATE: November 13, 1996 THROUGH: James W. Davis, P.E. j Public Works Director and f Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile, CET C Civil Engineer SUBJECT: As -Built Resolutions & Assessment Rolls for Paving Improvements to 53rd Avenue South of 16th Street in Sundowner's Subdivision DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: Preliminary Estimates Final Cost $23,408.08 - 100%* $ 22,346.87 - 100%* 14.5 Parcels 14.5 Parcels $ 1,614.35 Per Parcel $1,541.17 Per Parcel * This figure includes 2% Tax Collector's fee The final assessment rolls have been prepared and are ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 81/2% established by the Board of County Commissioners. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned roads be approved by the Board of County Commissioners and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book" and for collection. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution No. 96-150 certifying "as -built" costs for certain paving improvements to 53rd Avenue south of 16th Street in Sundowner l s g11hti i -,i Q; „n designated as Project No. 9218, and other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. 39 November 26, 1996 Boa 99 PAGE 959 As -Built (Fourth Reso.) 2/19/96(ENG)RES4.MAG\gfk RESOLUTION NO. 96-150 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING IMPROVEMENTS TO 53RD AVENUE SOUTH OF 16TH STREET IN SUNDOWNERIPS SUBDIVISION, DESIGNATED AS PROJECT NO. 9218, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefited the property located within the boundaries as described in this title, designated as Project No. 9218, are in the public interest and promote the public welfare of the county; and WHEREAS, on June 11, 1996, the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 96-72, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $1,541.17 per parcel, which is less than $1,614.35 per parcel in the confirming Resolution No. 96-72, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 96-72 is modified as follows: The completion date for Project No. 9218 is declared to be October 16, 1996, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of, this resolution. 40 November 26, 1996 � � r No. 96-150 2. Payments bearing interest at the rate of 8;% per annum may be made in two (2) equal installments, the first to be made twelve (12) months from the due date and the subsequent payments to be due yearly from the due date. The due date is ninety (90) days after the passage of this resolution. 3. The assessment roll for said project listed in Resolution No. 96-72 shall be as set forth in attached Exhibit "A" to this resolution. 4.- The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No.96-72 were recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner _ F;.gQrt , and the motion was seconded by Commissioner Ginn and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice -Chairman Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 26 day of Nnvamhar 1996. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA �.. By FRAN B. ADAMS, Attest: ro Chairman `.. _.: J FFREY K. BART PI—erk— fi�Al07l - C. Attachment: Exhibit "A" 53asblt.res 41 November 26, 1996 haim River County Approved Date Administration ) i -0 Budget � elf ?- Risk Management ii // Public Works 1 D BOOK 99 PnE 961 2 1 1 FINAL ASSESSMENT ROLL FOR PAVING IMPROVEMENTS TO: 53RD AVENUE (SOUTH OF 16TH STREET) SUNDOWNERS SUBDIVISION PROJECT NO. 9218 53AVFIN.WK1 TOTAL NUMBER OF PARCELS .............. COST TO PROPERTY OWNERS .............. COST PER PARCEL .......................... LEGAL DESCRIPTION NO. OF PARCELS 09 33 39 0010 0000 00001.0 1 Sundowners Subdivision PBI 8-87, Lot 1 09 33 39 0010 0000 00002.0 1 Sundowners Subdivision PBI 8-87, Lot 2 09 33 39 0010 0000 00003.0 1 Sundowners Subdivision PBI 8-87, Lot 3 09 33 39 0010 0000 00004.0 1 Sundowners Subdivision PBI 8-87, Lot 4 09 33 39 0010 0000 00005.0 1 Sundowners Subdivision PBI 8-87, Lot 5 COST/PARCEL $1,541.17 $1,541.17 $1,541.17 $1,541.17 $1,541.17 14.5 $22,346.97 $1,541.17 TOTAL COST $1,541.17 $1,541.17 $1,541.17 $1,541.17 $1,541.17 25 -Oct -96 W d a 04§t NAME & ADDRESS 1. Roy C. & Jane B. Howard P.O. Box 1513 Vero Beach, FL 32961-1513 2. Robert M. Wells 2430 47th Avenue Vero Beach, FL 32966 N 3. Susan S. Balsiger 1562 Sundowners Trail Vero Beach, FL 32966 4. Harold W. & Geraldine A. Mayes 1550 53rd Avenue Vero Beach, FL 32966 5. Jack & Doris Dritenbas P.O. Box 1016 Vero Beach, FL 32961-1016 53AVFIN.WK1 TOTAL NUMBER OF PARCELS .............. COST TO PROPERTY OWNERS .............. COST PER PARCEL .......................... LEGAL DESCRIPTION NO. OF PARCELS 09 33 39 0010 0000 00001.0 1 Sundowners Subdivision PBI 8-87, Lot 1 09 33 39 0010 0000 00002.0 1 Sundowners Subdivision PBI 8-87, Lot 2 09 33 39 0010 0000 00003.0 1 Sundowners Subdivision PBI 8-87, Lot 3 09 33 39 0010 0000 00004.0 1 Sundowners Subdivision PBI 8-87, Lot 4 09 33 39 0010 0000 00005.0 1 Sundowners Subdivision PBI 8-87, Lot 5 COST/PARCEL $1,541.17 $1,541.17 $1,541.17 $1,541.17 $1,541.17 14.5 $22,346.97 $1,541.17 TOTAL COST $1,541.17 $1,541.17 $1,541.17 $1,541.17 $1,541.17 25 -Oct -96 W d a 04§t 2- P ar N v o� .X' CD r-, FINAL ASSESSMENT ROLL FOR PAVING IMPROVEMENTS TO: 53RD AVENUE (SOUTH OF 16TH STREET) SUNDOWNERS SUBDIVISION TOTAL NUMBER OF PARCELS .............. COST TO PROPERTY OWNERS .............. PROJECT NO. 9218 COST PER PARCEL .......................... NAME & ADDRESS d. Lnarles u.M.& Marie L. Gibbons $1,541.17 P.O. Box 2403 Vero Beach, FL 32961-2403 7. John W. & Margarite Bonamo 1571 53rd Avenue 1 $1,541.17 Vero Beach, FL 32966 w 8. Max C. Sconyers 5215 16th Street Vero Beach, FL 32966 9. Robert C. & Katherine L. Nall $1,541.17 7102 Cherry Lane Vero Beach, FL 32966 10. Gerald S. & Marilyn G. Amico 1511 Sundowners Trail 1 $1,541.17 Vero Beach, FL 32966 53AVFIN.WK1 LEGAL DESCRIPTION 14.5 $22,346.97 $1,54,1.17 NO. OF PARCELS COST/PARCEL TOTAL COST 09 33 39 0010 0000 00006.0 1 $1,541.17 $1,541.17 Sundowners Subdivision PBI 8-87, Lot 6 09 33 39 0010 0000 00007.0 1 $1,541.17 $1,541.17 Sundowners Subdivision PBI 8-87, Lot 7 09 33 39 0010 0000 00008.0 1 $1,541.17 $1,541.17 Sundowners Subdivision PBI 8-87, Lot 8 09 33 39 0010 0000 00009.0 1 $1,541.17 $1,541.17 Sundowners Subdivision PBI 8-87, Lot 9 09 33 39 0010 0000 00010.0 1 $1,541.17 $1,541.17 Sundowners Subdivision PBI 8-87, Lot 10 EXH1�9T "A" 25 -Oct -96 1 1 m P N O� 1 1 FINAL ASSESSMENT ROLL FOR PAVING IMPROVEMENTS TO: 53RD AVENUE (SOUTH OF 16TH STREET) SUNDOWNERS SUBDIVISION TOTAL NUMBER OF PARCELS .............. COST TO PROPERTY OWNERS .............. PROJECT NO. 9218 COST PER PARCEL .......................... NAME & ADDRESS LEGAL DESCRIPTION 14.5 $22,346.97 $1,541.17 NO. OF PARCELS COST/PARCEL TOTAL COST 11. Leon R. & Doris E. Walton 09 33 39 0010 0000 00011.0 1 $1,541.17 $1,541.17 1532 Sundowners Trail Sundowners Subdivision PBI Vero Beach, FL 32966 8-87, Lot 11 12. Claude Nesbitt & Mary A.McCain 09 33 39 0010 0000 00012.0 1 $1,541.17 $1,541.17 1522 53rd Avenue Sundowners Subdivision PBI Vero Beach, FL 32966 8-87, Lot 12 13. Joseph C. Lewis 09 33 39 0010 0000 00013.0 1 $1,541.17 $1,541.17 P.O. Box 2557 Sundowners Subdivision PBI Vero Beach, FL 32961-2557 8-87, Lot 13 14. W.Garry & Margaret Mary Gibson 09 33 39 0010 0000 00014.0 1 $1,541.17 $1,541.17 1502 53rd Avenue Sundowners Subdivision PBI Vero Beach, FL 32966 8-87, Lot 14 15. Max C. & Lottie H. Sconyers 09 33 39 0010 0000 00000.1 0.5 $1,541.17 $770.59 5215 16th Street Sundowners Subdivision PBI Vero Beach, FL 32966 8-87, Tract "A" 53AVFIN.WK1 14.5 $1,541.17 $22,346.97 TOTAL PARCELS COST PER PARCEL TOTAL COST EXHIBIT "A" 25 -Oct -96 f,� WILLOW STREET PAVING AND DRAINAGE ENJPROVEMENTS ALLOCATIONS TO EXPEDITE PROTECT The Board reviewed a Memorandum of November 21, 1996: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director li SUBJECT: Willow Street from CR512 to 77th Street Paving and Drainage Improvements DATE: November 21, 1996 DESCRIPTION AND CONDITIONS The Engineering Division has completed the following tasks on the design of the Willow Street paving and drainage improvement project (approximately 2 1-4 miles in the south east Fellsmere area). Field Survey - Location & Topographic Computer Drafting - Existing Conditions Preliminary Road and Drainage Alignment Design Determination of Additional Right -of Way needed (71-�- acres) Preparation of Legal Descriptions for Additional Right -of -Way Title Searches for Additional Right-of-way Right-of-way Map Right -of -Way Deeds Preliminary Utility Coordination Preliminary Discussions with St. Johns River Water Management District on Stormwater Permitting Last month, the Board approve staff's recommendation to nullify the special assessment method approved last year so that a lawsuit filed by property owner Kahn (owner of approximately 1000 acres in the area) could be dismissed. Staff is currently working with the Property Appraiser's office to prepare a new municipal service benefit unit (MSBU) program for consideration by the Board and City of Fellsmere in March, 1997. Recently, several property owners in the area have requested that the County expedite the project since increasing agricultural and residential traffic is repeatedly aggravating the condition of the unpaved road. ALTERNATIVES AND ANALYSIS To accelerate the project, the following three time consuming project tasks need to be expedited: 1) Right-of-way Acquisition - Thirteen parcels in unincorporated area and possibly forty in the City of Fellsmere. The estimated cost of right-of-way acquisition is $160,000 if property owners are cooperative. 45 November 26, 1996 KO99 PACF .965 500K 99 f"A'iF 966 2) Utility Relocation - FPL, Southern Bell, and Falcon Cablevision aerial facilities - Cost to County is Approximately $20,000. 3) Stormwater and Environmental Resource Permitting. If outside consulting services are retained to expedite the right- of-way acquisition, it is estimated that $30,000 would need to be allocated to fund the work. To accelerate stormwater permitting, it is estimated that $40,000 in consulting services is needed. Since a portion of the existing utilities are in utility easements outside of existing Fellsmere Farms Water Control District right- of-way, the cost to relocate the utilities is estimated at this time to be $20,000. RECOMMNDATIONS AND FUNDING To expedite the project, staff recommends allocating $250,000 from the Local Option 1(� Sales Tax Program (Fund 315-214-541-066.31, $300,000 budgeted for FY96/97). In addition, authorization to begin the proper process to retain outside consulting services for right-of-way acquisition and environmental permitting, as well as proceeding with utility relocation, is requested. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the allocation of $250,000 from the Local Option 1(� Sales Tax Program Fund in order to expedite the Willow Street paving and drainage improvements project; and authorized staff to begin the proper process to retain outside consulting services for right-of-way acquisition and environmental permitting, as well as proceeding with utility relocation, as recommended in the Memorandum. LOUISIANA AVENUE WATER MAIN - MAIN STREET TO CR -512 The Board reviewed a Memorandum of November 15, 1996: DATE: NOVEMBER 15, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILIWS VICES PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSE NT PROJECTS BY: DEPARTMENT OF ILITY SERVICES SUBJECT: LOUISIANA AVENUE WATER MAIN (MAIN ST. TO CR 512) INDIAN RIVER COUNTY PROJECT NO. UW -96 -17 -DS 46 November 26, 1996 In an ongoing effort to continue expansion of the Sebastian service area utilities, and in compliance with the interlocal agreement between the City of Sebastian and Indian River County, both the County and City staff have identified the need for water service to be provided to Louisiana Avenue (between CR 512 and Main Street) in Sebastian. This need is being driven by a request from the City of Sebastian to provide service to "Grace's Landing," a proposed 70 - unit assisted living housing project at the corner of Louisiana Avenue and Palmetto Avenue in the City of Sebastian. (See attached letters from developer's engineer and the City of Sebastian.) Water service will be provided by the County through an assessment. The developer will extend sewer service from Main Street. The extension of said water and sewer lines will be in conformance with the Comprehensive Plan for the City of Sebastian and constitutes no violation of any City goal or objective of the City's Comprehensive Plan and, therefore, would be in compliance with the Plan. The City of Sebastian supports the extension of both the water and sewer lines. On July 9, 1996, the Board of County Commissioners of Indian River County adopted Ordinance No. 96-13, which created the Sebastian Area MSBU for Water and Sewer Line Extensions. ANALYSIS Fifty-five properties will benefit from the water line extension on Louisiana Avenue from CR 512 to Main Street --twenty-three are less than .25 acre in size, thirteen are less than .50 acre, ten are more than .50 acre and less than 1.0 acre, and nine are greater than 1.0 acre. The Grace's Landing parcel is 8.31 acres. Forty- three of these properties contain improvements such as homes or commercial businesses. There are twelve vacant/unimproved properties. An existing survey will allow design and permitting to commence promptly. Design will be prepared by the Utilities Department staff. A preliminary project cost estimate to be assessed, including construction, engineering, and administrative expenses is estimated at $155,400.00. The estimated cost per square foot is $0.10789373924. This project is to be funded through the assessment of property owners benefiting along the proposed water line route. In the interim, financing will be from the assessment fund. Grace's Landing will be paying 70 water and sewer ERUs, equating to $288,470.00 in impact fees. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the above -listed project authorizing the Department to proceed with the design and engineering work in preparation for the special assessment project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Louisiana Avenue Water Main project as stated in the memorandum and authorized staff to proceed with the design and engineering work in preparation for the special assessment project, the Memorandum. 47 as recommended in November 26, 1996 Boos 99 BOOK 99 F., u 968 TREASURE COAST REGIONAL PLANNING COUNCIL MEETING Commissioner Tippin advised there was nothing on the agenda at the last Regional Planning Council meeting. He was surprised the night before the meeting to find an RPC staff memorandum in the backup concerning a proposal to assess the feasibility of extending the Southeast Florida Eastward Ho Movement corridor "north to Sebastian". Commissioner Tippin was uncomfortable with this proposal when he saw it in the backup but was unable to reach Community Development Director Bob Keating prior to the meeting to see what he knew about it. Commissioner Tippin advised that he expressed strong opposition to the extension of the Eastward Ho project into Indian River County at the RPC meeting. Later he learned that Director Keating was not aware of this plan until he was contacted after Commissioner Tippin's opposition at the meeting. Commissioner Tippin could think of no reason why we should be included at all. Because of his opposition at the meeting, the wording was changed to move the Eastward Ho Corridor line "north of Palm Beach County". Commissioner Tippin requested support from the Board on the position he took at the RPC meeting. Commissioner Eggert pointed out that we are in a totally different water management district from south Florida and this was the kind of thing we have been up against for years in the Regional Planning Council. Chairman Adams maintained this was exactly the way RPC staff has put things on the agenda at the last minute in the past hoping it will be overlooked and agreed upon. She specified that all four members representing our area should have been contacted and advised it was on the agenda. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Eggert, to request that Indian River County be excluded from the Southeast Florida Eastward Ho Movement. Under discussion, Commissioner Macht requested that the discussion to again consider abolishing the Regional Planning Councils be put on a future agenda. Commissioner Eggert felt that Peter Spike, one of our area's TCRPC members, was well aware of it and advised that he has been an 48 November 26, 1996 infill advocate and tends to function for Ft. Pierce rather than Indian River County. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. SOLID WASTE DISPOSAL DISTRICT Chairman Adams announced that immediately upon adjournment, the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. Chairman Adams wished everyone a Happy Thanksgiving. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:11 a.m. ATTEST: J. rton, Clerk Minutes approved on /— 7 g a"A-6� Fran B. Adams, Chairman 49 November 26, 1996