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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A_
TUESDAY, MAY 26,1998
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street, Vero Beach, Florida 32960
COUNTY COMMISSIONERS
John W. Tippin, Chairman (District 4)
Kenneth R Macht, Vice Chairman (District 3)
Fran B. Adams (District 1)
Carolyn K. Eggert (District 2)
Caroline D. Ginn (District 5)
9:00 a.m. 1.
2.
3.
4.
5.
CALL TO ORDER
EWOCATION None
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
PLEDGE OF ALLEGIANCE - Charles P. Vitunac
ADDITIONS to the AGENDA/EMERGENCY ITEMS
DELETION:
I I.D. - Golf Carts - Sole Brand Declaration
PROCLAMATION and PRESENTATIONS
Great Florida Cleanup Challenge - Presentation to
Winning Commissioner
6. APPROVAL OF MINUTES
A. Special Meeting of May 4, 1998
B. Regular Meeting of May 5, 1998
7. CONSENT AGENDA
A. Approval of Warrants
(memorandum dated May 14, 1998)
B. Award of Bid for Publication of Legal Notices
(memorandum dated May 14, 1998)
C. Payments to Vendors of Court Related Costs
(memorandum dated May 15, 1998)
BACKUP
PAGES
1-10
11-16
17
til Fl%c
7. CONSENT AGENDA fcont'dZ BACKUP
- - PAGES
D. Authorization for Community Development
Director or his Designee to Execute License Agree-
ments Pertaining to Transferred Property Utilizing
County Riparian Land for Docks within the Country
Club Pointe Subdivision
(memorandum dated May 18, 1998) 18-26
E. Miscellaneous Budget Amendment #019
(memorandum dated May 20, 1998) 27-28
8. CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
9:05 A.M. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, CHANGING THE
NAME OF THE "COLORED SCHOOL
SUBDMSION" TO THE "DOUGLAS
SUBDIVISION"
(memorandum dated May 13, 1998) 29-32
2. Sebastian Water Expansion - Phase 11-A
Resolution III
(memorandum dated May 18; 1998) 33-54
B. PUBLIC DISCUSSION ITEMS
1. Proposed Purchase of Lost Tree Islands
(memorandum dated May 18, 1998) 55-94
2. Resolution Establishing the Intent to Reim-
burse Project Cost Incurred with a Future
Tax Exempt Financing
(memorandum dated May 20, 1998) 95-97
3. Request by Glenn Legwen to Discuss Chil-
dren Services Network Budgeting Process
(letter dated May 10, 1998) 98-99
C. PUBLIC NOTICE ITEMS
1. Public Hearing for June 9, 1998:
Amendment to Handicap Parking
Regulations
(memorandum dated May 14, 1998) 100
2. Public Hearing for June 9, 1998:
Proposed Ordinance Amending Section 401.14,
IRC Code to Clarify the Agricultural Exemption
to the Building Code
(memorandum dated May 13, 1998) 101
• a
9. PUBLIC ITEMS (cont'd.): BACKUP
C. PUBLIC NOTICE ITEMS (cont'd.l: PAGES
3. Public Hearing for June 9,1998: Request
for the Board of County Commissioners to
consider special exception use and conceptual
PD plan/plat approval for the Club at Vero, a
184 unit elderly affordable apartment complex.
The subject site is located on the south side of
SR60 immediately east of Lake -in -the -Woods.
and
4. Public Hearing for June 9, 1998: Request for
the Board of County Commissioners to consider
a rezoning from CG (General Commercial) to
PD to allow a self service storage facility as a
permitted use. The subject property is located on
the south side of SR 60 east of the Ethan Allen
furniture store.
(memorandum dated May 20, 1998) 102
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
Approval of Renewal of "Class El" Certificate of
Public Convenience and Necessity to Provide Wheel-
chair Transportation - Florida Baptist Retirement
Center, HealthSouth Treasure Coast Rehabilitation
Hospital, and ACTS/Indian River Estates
(memorandum dated May 18, 1998) 103-104
C. General Services
New County Administration Building Consultant -
Phase I
(memorandum dated May 13, 1998) 105-139
D. Leisure Services
Golf Carts Sole Brand Declaration
(memorandum dated May 5, 1998) 140-141
E. Office of Management and Budget
Tourist Development Council 1998-1999
Budget Recommendation
(memorandum dated May 19, 1998) 142
F. Personnel
None
G. Public Works
66th Ave. ROW Acquisition/Peterson's
Grove Parcel
(memorandum dated May 18, 1998) 143-149
11. DEPARTMENTAL MATTERS (cont'd ):
G. Public Works (cont'd.):
2. Traffic Signal, Pavement Marking and
Signing Plans for: Oslo Rd. & 27th Ave.
Traffic signalization Plans for. Barber
St. and U.S. #1; and Vista Royale Blvd.
and U.S.#1
(memorandum dated May 1, 1998)
H. Utilities
1. Martin Ave. Sewer Main Extension
Selection of Construction Alternatives
(memorandum dated May 14, 1998)
2. Petition Water Service - 129th St. (between
Old Dixie and Riverside Drive)
Resolution IV - Final Assessment
(memorandum dated May 15, 1998)
12. COUNTY ATTORNEY
Glenn Legwin Condemnation
(memorandum dated April 23, 1998)
13. COMMISSIONERS ITEMS
A. Chairman John W Tippin
B. Vice Chairman Kenneth R. Macht
C. Commissioner Fran B. Adams
D. Commissioner Carolyn K. Eggert
E. Commissioner Caroline D. Ginn
UJ FI�Ilc-uljld
BACKUP
PAGES
150
151-171
172-190
191
•
14. SPECIAL DISTRICTS/BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
15. ADJOURNMENT
•
BACKUP
PAGES
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 4R hmirc ;n ariumv,-
of
Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times
throughout the week
Falcon Cable Channel 35 - rebroadcast Fridav eveninc,
•
•
INDEX TO MINUTES
BOARD OF COUNTY COMMISSIONERS
MEETING OF MAY 269 1998
1. CALL TO ORDER ............................................... 1
2. INVOCATION .................................................. 1
3. PLEDGE OF ALLEGIANCE ....................................... 1
4. ADDITIONS TO THE AGENDA ................................... 1
5. PRESENTATION OF AWARDS FOR GREAT FLORIDA CLEANUP
CHALLENGE- HARRIS SANITATION AND TREASURE COAST
SANITATION ..................:............................... 2
........................................................ 2
6. APPROVAL OF NIlNUTES........................................ 2
7. CONSENT AGENDA ............................................ 3
7.A. Approval of Warrants ....................................... 3
7.B. Bid Award #8056 - Publication of Legal Notices - Press Journal ...... 11
7.C. Payments to Vendors of Court Related Costs ..................... 12
7.D. Community Development Director Authorized to Execute License
Agreements re Transferred Property Utilizing County Riparian Land for
Docks within the Country Club Pointe Subdivision ................ 13
7.E. Miscellaneous Budget Amendment 019 ......................... 17
9.A.1. PUBLIC HEARING - COLORED SCHOOL SUBDIVISION NAME CHANGED
TO DOUGLAS SUBDIVISION .................................... 19
NOT ON AGENDA - TAX COLLECTOR REQUEST TO BE HEARD CONCERNING
HIS PROPOSED MOVE TO LURIA'S PLAZA ....................... 22
9.A.2. PUBLIC HEARING - SEBASTIAN WATER EXPANSION - PHASE II -A -
RESOLUTION III .............................................. 23
9.B.1. PUBLIC DISCUSSION ITEM - PROPOSED PURCHASE OF LOST TREE
ISLANDS..................................................... 28
9.13.2. PUBLIC DISCUSSION ITEM - RESOLUTION ESTABLISHING INTENT TO
REIMBURSE PROJECT COST INCURRED WITH A FUTURE TAX EXEMPT
FINANCING (BOND ISSUE) ..................................... 49
9.13.3. GLENN LEGWEN'S REQUEST TO DISCUSS CHILDREN'S SERVICES
NETWORK BUDGETING PROCESS ............................... 49
1
9.C. PUBLIC NOTICE ITEMS - NOTICES OF PUBLIC HEARINGS .......... 53
9.C.1. Amendment to Handicapped Parking Regulations ................. 53
9.C.2. Clarification of the Agricultural Exemption to the Building Code
(Amendment to Sec. 401.14 of the Code) ....................... 53
9.C.3. Consider Special Exception Use and Conceptual PD Plan/Plat Approval -
Club at Vero (184 -Unit Elderly Affordable Apartment Complex Located on
S. Side of SR 601, E. of Lake -in -the -Woods) ...................... 54
9.C.4. Consider Rezoning to Allow a Self Service Storage Facility as a Permitted
Use on S. Side of SR 60 E. of the Ethan Allen Furniture Store ....... 54
11.B. RENEWAL OF "CLASS E1" EMERGENCY TRANSPORTATION
CERTIFICATES - FLORIDA BAPTIST RETIREMENT CENTER,
HEALTHSOUTH TREASURE COAST REHABILITATION HOSPITAL, AND
ACTSANDIAN RIVER ESTATES .................................. 56
11.C. NEW COUNTY ADMINISTRATION BUILDING CONSULTANT - PHASE I -
APPROVE CONTRACT WITH SPILLIS-CANDELA & PARTNERS (SCP) . 58
I I.D. GOLF CARTS SOLE BRAND DECLARATION - CLUB CAR ........... 60
1 LE. TOURIST DEVELOPMENT COUNCIL - FY 1998-99 BUDGET
RECOMMENDATION .......................................... 60
11.G.1. 66TH AVENUE RIGHT-OF-WAY ACQUISITION - PETERSON'S
GROVE PARCEL ......................................... 61
11.G.2. TRAFFIC SIGNALIZATION PLANS FOR: 1) OSLO ROAD AT 27TH
AVENUE; 2) BARBER STREET AT US#1; 3) VISTA ROYALE
BOULEVARD AT US#1- FLORIDA DATABASE SYSTEMS, INC.
(FDSI).................................................. 63
11.H.1. MARTIN AVENUE SEWER MAIN EXTENSION SELECTION OF
CONSTRUCTION ALTERNATIVES - U.S. FILTER/DAVIS METER -
DRIVEWAYS, INC ........................................ 64
11.H.2. PETITION WATER SERVICE - 129TH STREET (BETWEEN OLD
DIXIE HIGHWAY & RIVERSIDE DRIVE) - RESOLUTION IV - FINAL
ASSESSMENT ........................................... 68
12. GLENN LEGWEN CONDEMNATION RE 58TH AVENUE RIGHT-OF-
WAY ACQUISITION ...................................... 76
OA
May 26, 1998
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on
Tuesday, May 26, 1998. Present were John W. Tippin, Chairman; Kenneth R Macht, Vice
Chairman; Fran B. Adams; Carolyn K. Eggert and Caroline D. Ginn. Also present were
James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia
Ridgely, Deputy Clerk.
1. CALL TO ORDER
The Chairman called the meeting to order at 9:00 a.m.
2. LWOCATION
Chairman Tippin delivered the invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Tippin led the Pledge to the Flag.
4. ADDITIONS TO THE AGENDA
None. (Clerk's Note: Following 9.A.1., Tax Collector Karl Zimmermann requested
to be heard concerning his proposed move to Luria's Plaza and that it be added to the agenda
as an emergency item. Commissioners wanted written information and time to evaluate it.
Unanimous agreement is required for any matter to be added to the agenda.)
Administrator Chandler requested deletion of item 1 LD., concerning golf carts. The
item will be brought back in the future.
May 26, 1998
1
r
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously deleted 11.D. from
the agenda.
5. PRESENTATION OF AWARDS FOR GREAT FLORIDA
CLEANUP CHALLENGE- HARRIS SANITATION AND TREASURE
COAST SANITATION
PeterJergel, general manager ofHarris Sanitation, joined by Richard Conte, general
manager of Treasure Coast Refuse, advised that Fellsmere had won the "municipality
challenge." Fellsmere had received $300 checks from both companies for their well -
organized cleanup efforts. Commissioner Adams was the County Commissioner who won
the "district challenge." She was awarded a pyramid style trophy (made of recycled
aluminum cans) and a $300 check from each company payable to her favorite charity, Save
Our School Restoration. Messrs. Jergel and Conte thanked the Commissioners for their
support of Keep Indian River Beautiful; they hoped to make the cleanup challenge an annual
event.
Commissioner Adams accepted her trophy and checks and commented that she felt
she had been "set up" by her fellow Commissioners and could have worked only 15 minutes
and still have won.
6. APPROVAL OFMINUTES
The Chairman asked if there were any additions or corrections to the Minutes of the
Special Meeting of May 4, 1998. There were none.
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously approved the
Minutes of the Special Meeting of May 4, 1998, as written and
distributed.
The Chairman asked if there were any additions or corrections to the Minutes of the
Regular Meeting of May 5, 1998. There were none.
May 26, 1998
2
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously approved the
Minutes of the Regular Meeting of May 5, 1998, as written and
distributed.
7. CONSENT AGENDA
7.A. Annroval of Warrants
The Board reviewed a Memorandum of May 14, 1998:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: MAY 14, 1998
SUBJECT: APPROVAL OF WARRANTS
FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR
In compliance with Chapter 136.06, Florida Statutes, allwarrants 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 May 13 to May 14, 1998.
May 26, 1998
3
ON MOTION by Commissioner
Eggert, SECONDED
BY
Commissioner Ginn, the Board unanimously approved the list
of warrants issued for the period May 13 -14,1998, as requested.
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0019389
KRUCZKIEWICZ, LORIANE
5/13/98
138.50
0019390
BREVARD COUNTY CLERK OF THE
5/13/98
166.79
0019391
ORANGE COUNTY CLERK OF THE
5/13/98
135.20
0019392
ST LUCIE COUNTY CLERK OF THE
5/13/98
350.50
0019393
VELASQUEZ, MERIDA
5/13/98
200.00
0019394
INDIAN RIVER COUNTY CLERK OF
5/13/98
2,837.92
0019395
INTERNAL REVENUE SERVICE
5/13/98
200.00
0019396
VERO BEACH FIREFIGHTERS ASSOC.
5/13/98
1,956.00
0019397
INDIAN RIVER FEDERAL CREDIT
5/13/98
87,676.58
0019398
COLONIAL LIFE & ACCIDENT
5/13/98
257.69
0019399
NACO/SOUTHEAST
5/13/98
4,990.21
0019400
KEY TRUST COMPANY
5/13/98
760.25
0019401
OKEECHOBEE CO., PMTS DOMES REL
5/13/98
167.25
0019402
JACKSON COUNTY CLERK OF THE.
5/13/98
124.80
0019403
DOUGLAS COUNTY CLERK OF COURT
5/13/98
23.08
0239770
WALGREENS PHARMACY
3/26/98
.00
May 26, 1998
3
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0239879
SHAGEN, CHRISTINE E
3/26/98
.00
0240630
FLINN, CHRISTOPHER G.
4/16/98
.00
0242067
A A FIRE EQUIPMENT, INC
5/14/98
840.10
0242068
ACTION PRINTERS
5/14/98
69.30
0242069
ADVANCED GARAGE DOORS, INC
5/14/98
150.00
0242070
AHR, C JONATHAN PHD
5/14/98
1,000.00
0242071
ALBERTSONS SOUTHCO #4357
5/14/98
133.80
0242072
ALPHA ACE HARDWARE
5/14/98
44.56
0242073
APPLE INDUSTRIAL SUPPLY CO
5/14/98
82.53
0242074
APPLE MACHINE & SUPPLY CO
5/14/98
187.29
0242075
AUTO SUPPLY CO OF VERO BEACH,
5/14/98
1,244.30
0242076
AUTOMATIC WATER CONDITIONING
5/14/98
84.99
0242077
A B S PUMPS, INC
5/14/98
202.00
0242078
ALL POWER SERVICES, INC
5/14/98
329.70
0242079
ALPHA HEALTH SERVICE, INC
5/14/98
2,059.23
0242080
ALL FLORIDA COFFEE & BOTTLED
5/14/98
29.95
0242081
ALL RITE WATER CONDITIONING
5/14/98
118.75
0242082
ADDISON OIL CO
5/14/98
881.36
0242083
AT&T WIRELESS SERVICES
5/14/98
214.82
0242084
ANESTHESIA OF INDIAN RIVER,INC
5/14/98
935.86
0242085
ALLIED COLLOIDS, INC
5/14/98
7,779.24
0242086
A T & T
5/14/98
105.86
0242087
ASHWORTH INC
5/14/98
184.17
0242088
ATLANTIC COASTAL TITLE CORP
5/14/98
67.00
0242089
ALL COUNTY EQUIPMENT COMPANY
5/14/98
494.95
0242090
AUTO PARTS OF VERO, INC
5/14/98
1,454.28
0242091
ARAMARK UNIFORM SERVICES
5/14/98
5,589.67
0242092
ARCH PAGING
5/14/98
150.93
0242093
A T & T
5/14/98
39.98.
0242094
ALL -PRO TRUCK EQUIP
5/14/98
80.00
0242095
AFFORDABLE LAND SERVICES, INC.
5/14/98
500.00
0242096
BAIRD, JOSEPH A
5/14/98
8.12
0242097
BAKER DISTRIBUTING CO
5/14/98
162.83
0242098
BARTON, JEFFREY K -CLERK
5/14/98
644.75
0242099
BOARD OF COUNTY COMMISSIONERS
5/14/98
8,604.28
0242100
BENSONS LOCK SERVICE
5/14/98
5.00
0242101
BROOKS, RONALD R
5/14/98
70.36
0242102
BRUGNOLI, ROBERT J PHD
5/14/98
500.00
0242103
BARTON, JEFFREY K- CLERK
5/14/98
41,227.80
0242104
BARTON, JEFFREY K -CLERK
5/14/98
3,994.50
0242105
BARTON, JEFFREY K -CLERK
5/14/98
306.00
0242106
BERGGREN EQUIPMENT CO, INC
5/14/98
294.76
0242107
B & B INDUSTRIAL SUPPLY CO.
5/14/98
363.31
0242108
BRIDGESTONE SPORTS, INC
5/14/98
114.00
0242109
BARTHOLOMEW, BLAKE
5/14/98
94.20
0242110
BUREAU OF ALCOHOL, TOBACCO &
5/14/98
250.00
0242111
BRODART CO
5/14/98
22.71
0242112
BRANDTS & FLETCHERS APPLIANCE
5/14/98
149.18
0242113
BOYNTON PUMP & IRRIGATION
5/14/98
165.10
0242114
BELLSOUTH COMMUNICATION
5/14/98
1,027.54
0242115
BLAKESLEE MAINTENANCE
5/14/98
200.00
0242116
BOOKS ON TAPE INC
5/14/98
388.00
0242117
B & S INDUSTRIES, INC
5/14/98
380.58
0242118
BELLSOUTH
5/14/98
7,959.44
0242119
BARTON, JEFFREY K, CLERK
5/14/98
94.20
0242120
BAKER & TAYLOR INC
5/14/98
554.53
0242121
BARTON, JEFFREY K
5/14/98
100.35
0242122
BEAM, BETTY
5/14/98
64.38
0242123
COLLIER, TARA
5/14/98
30.90
0242124
BURKE, DONNIE
5/14/98
74.68
0242125
BELLIN HOSPITAL
5/14/98
8,393.55
May 26, 1998
4
•
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0242126
BARRETT, KEITH JAMES
5/14/98
92.70
0242127
BELLSOUTH
5/14/98
66.30
0242128
CAMP, DRESSER & MCKEE, INC
5/14/98
18,817.03
0242129
CARTER ASSOCIATES, INC
5/14/98
234.00
0242130
CHANDLER EQUIPMENT CO, INC
5/14/98
36.80
0242131
CLEMENTS PEST CONTROL
5/14/98
460.50
0242132
COLD AIR DISTRIBUTORS
5/14/98
447.48
0242133
COMMUNICATIONS INT'L INC
5/14/98
8,257.25
0242134
CONSOLIDATED ELECTRIC SUPPLY
5/14/98
15.85
0242135
CHAMBER OF COMMERCE
5/14/98
29,859.14
0242136
CATFANCY MAGAZINE
5/14/98
25.97
0242137
CONGRESSIONAL QUARTERLY BOOKS
5/14/98
233.84
0242138
COASTAL REFINING & MARKETING
5/14/98
18,424.64
0242139
CLINIC'PHARMACY
5/14/98
607.92
0242140
COPELAND, LINDA
5/14/98
854.00
0242141
CARDINAL ROOFING & SIDING, INC
5/14/98
9,890.00
0242142
CITGO PETROLEUM CORP
5/14/98
2,258.70
0242143
CUSTOM CARRIAGES, INC
5/14/98
75.19
0242144
CLIFF BERRY ENVIRONMENTAL
5/14/98
571.25
0242145
COLLINS & AIRMAN
5/14/98
11,665.85
0242146
CALL ONE, INC
5/14/98
11.57
0242147
C V S 0 A
5/14/98
90.00
0242148
CLEANNET USA
5/14/98
20,537.72
0242149
COASTAL ORNAMENTAL &
5/14/98
360.00
0242150
C4 IMAGING SYSTEMS INC
5/14/98
40.14
0242151
CONSTRUCTION SERVICES AND
5/14/98
331.50
0242152
CLIFFORD, MIKE
5/14/98
100.00
0242153
CUSTOM PUBLISHING SERVICES INC
5/14/98
734.00
0242154
CENTER FOR EMOTIONAL AND
5/14/98
285.00
0242155
CARTER, KELLY
5/14/98
206.00
0242156
COSNER MFG CO
5/14/98
431.85
0242157
CHESTNUTT, JAY
5/14/98
43.78
0242158
COPPOLA, FRANK
5/14/98
118.45
0242159
CULTURAL COUNCIL OF INDIAN
5/14/98
2,330.84
0242160
CAD ONE INC
5/14/98
165.00
0242161
CENTRAL AIR CONDITIONING &
5/14/98
211.35
0242162
DAILY COURIER SERVICE
5/14/98
283.50
0242163
DEEP SIX DIVE SHOP, INC
5/14/98
48.84
0242164
DELTA SUPPLY CO
5/14/98
242.65
0242165
DEPENDABLE DODGE, INC
5/14/98
37.50
0242166
DICKERSON-FLORIDA, INC
5/14/98
37,741.47
0242167
DOCTOR'S CLINIC
5/14/98
191.00
0242168
DON SMITH'S PAINT STORE, INC
5/14/98
174.76
0242169
DATA SUPPLIES, INC
5/14/98
13.62
0242170
DON REID FORD
5/14/98
13,738.00
0242171
DOGFANCY MAGAZINE
5/14/98
25.97
0242172
D'ANGLEO, LEONARDO
5/14/98
12.96
0242173
DADE PAPER COMPANY
5/14/98
921.11
0242174
DEPARTMENT OF ENVIRONMENTAL
5/14/98
20.75
0242175
DOWNTOWN PRODUCE INC
5/14/98
444.21
0242176
DILLARD, LASSIE
5/14/98
36.05
0242177
DOCTORS' CLINIC
5/14/98
504.10
0242178
DELO, CRYSTAL
5/14/98
82.40
0242179
DILLARD, VIRGINIA
5/14/98
152.17
0242180
DA SILVA, MANUAL A
5/14/98
686.25
0242181
E -Z BREW COFFEE SERVICE, INC
5/14/98
94.20
0242182
EVANS, FLOYD
5/14/98
100.00
0242183
EXPRESS REEL GRINDING, INC
5/14/98
324.59
0242184
EDUCATIONAL RECORD CENTER, INC
5/14/98
671.37
0242185
ERICSSON, INC
5/14/98
75.00
0242186
ECKERD DRUG CO
5/14/98
219.82
May 26, 1998
•
5
EOuk; 0 FA�;c fid 5t
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0242187
EDWARDS, BONNIE
5/14/98
128.75
0242188
EUBANKS, MATTHEW
5/14/98
30.00
0242189
FEDERAL EXPRESS CORP
5/14/98
45.75
0242190
FINNEY, DONALD G
5/14/98
40.02
0242191
FLORIDA BAR, THE
5/14/98
17.12
0242192
FLORIDA DEPARTMENT OF
5/14/98
300.00
0242193
FLORIDA EAST COAST RAILWAY CO
5/14/98
2,572.66
0242194
FLORIDA COCA-COLA BOTTLING CO
5/14/98
495.75
0242195
FPL
5/14/98
14,779.00
0242196
FLORIDA TODAY
5/14/98
166.00
0242197
FRASER ENGINEERING & TESTING
5/14/98
770.00
0242198
FIRE PROTECTION PUBLICATIONS
5/14/98
199.00
0242199
FOOT -JOY DRAWER
5/14/98
95.78
0242200
FLOWERS BAKING COMPANY OF
5/14/98
74.81
0242201
FLORIDA TIRE RECYCLING, INC
5/14/98
724.20
0242202
FLINN, SHEILA I
5/14/98
378.00
0242203
F P & L
5/14/98
184.45
0242204
FAITELLA ENTERPRISES, INC
5/14/98
1,043.32
0242205
FALCON CABLE TV
5/14/98
25.10
0242206
FLORIDA TRANSCOR, INC
5/14/98
70.91
0242207
FLORIDA MUNICIPAL INSURANCE
5/14/98
32,369.00
0242208
FACETS MULTIDEDIA, INC
5/14/98
29.95
0242209
FALZONE, MATTHEW
5/14/98
41.20
0242210
FLORIDAFFINITY, INC
5/14/98
19,525.00
0242211
FALZONE, CHRISTOPHER
5/14/98
20.60
0242212
FORE COMMUNICATIONS, INC
5/14/98
149.00
0242213
FLOYD MD, IRA
5/14/98
196.00
0242214
FL DEPT OF STATE
5/14/98
20.00
0242215
FLORIDA POWER & LIGHT CO
5/14/98
158.78
0242216
FLORIDA HISTORICAL LIBRARY
5/14/98
87.70
0242217
GAYLORD BROTHERS, INC
5/14/98
186.55
0242218
GENE'S AUTO GLASS
5/14/98
115.00
0242219
GOODKNIGHT LAWN EQUIPMENT, INC
5/14/98
128.47
0242220
GRAYBAR ELECTRIC CO INC
5/14/98
172.92
0242221
GREYHOUND LINES, INC.
5/14/98
232.60
0242222
GOODYEAR AUTO SERVICE CENTER
5/14/98
246.80
0242223
GLOBAL COMPUTER SUPPLIES
5/14/98
312.86
0242224
GOVERNOR'S HURRICANE
5/14/98
300.00
0242225
GLASER, AMY SMYTH
5/14/98
129.95
0242226
GREEN BAY ORTHOPEDICS LTD
5/14/98
2,043.44
0242227
GOLLNICK, PEGGY
5/14/98
175.00
0242228
GUADLUPE, IRIAS
5/14/98
5.00
0242229
GAETANO GIGLIO
5/14/98
85.00
0242230
HARRIS SANITATION, INC
5/14/98
1,155.22
0242231
HECTOR TURF, INC
5/14/98
92,812.47
0242232
HUMANE SOCIETY OF VERO BEACH
5/14/98
15,880.00
0242233
HYATT ORLANDO
5/14/98
576.00
0242234
HOLIDAY BUILDERS, INC
5/14/98
1,000.00
0242235
HOLIDAY INN SELECT
5/14/98
144.00
0242236
HARRIS SANITATION, INC
5/14/98
32.00
0242237
HILL MANUFACTURING
5/14/98
700.48
0242238
HARTSFIELD, CELESTE L
5/14/98
157.50
0242239
HATFIELD, ERIC
5/14/98
60.30
0242240
HANSEN INFORMATION TECHNOLOGIE
5/14/98
22,600.00
0242241
HASENAUER, KRIS
5/14/98
30.00
0242242
HTE INC
5/14/98
358.76
0242243
HIBON, INC & UNITED BLOWER INC
5/14/98
5,724.00
0242244
INDIAN RIVER COUNTY
5/14/98
10,788.48
0242245
INDIAN RIVER COUNTY SOLID
5/14/98
226.35
0242246
INDIAN RIVER COUNTY HEALTH
5/14/98
396.00
0242247
INDIAN RIVER COUNTY
5/14/98
50.00
May 26, 1998
•
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0242248
INDIAN RIVER BATTERY, INC
5/14/98
344.35
0242249
INDIAN RIVER BLUE PRINT, INC
5/14/98
559.50
0242250
INDIAN RIVER COUNTY UTILITY
5/14/98
636.98
0242251
INDIAN RIVER FARMS WATER
5/14/98
570.00
0242252
INDIAN RIVER OXYGEN, INC
5/14/98
794.25
0242253
INGRAM
5/14/98
133.63
0242254
INDIAN RIVER ANIMAL HOSPITAL
5/14/98
15.00
0242255
INDIAN RIVER MEMORIAL HOSPITAL
5/14/98
12,200.28
0242256
INSURANCE SERVICING &
5/14/98
275.00
0242257
IRVINE MECHANICAL, INC
5/14/98
583.17
0242258
IBM CORPORATION
5/14/98
1,369.81
0242259
INDIAN RIVER ALL -FAB, INC
5/14/98
239.40
0242260
INTERNATIONAL GOLF MANAGEMENT
5/14/98
70,041.67
0242261
INTERNATIONAL ELECTRIC
5/14/98
2,780.30
0242262
IRON OFFICE SOLUTIONS
5/14/98
232.20
0242263
IRRIGATION CONSULTANTS UNLIMIT
5/14/98
21.73
0242264
JACOBS ELECTRIC MOTOR REPAIR
5/14/98
10.50
0242265
JANIE DEAN CHEVROLET, INC
5/14/98
488.93
0242266
J R REPORTING ASSOCIATES, INC
5/14/98
717.50
0242267
JUNGLE CLUB
5/14/98
245.03
0242268
JUSTICE, DEANN
5/14/98
43.78
0242269
JAAF
5/14/98
25.00
0242270
K MART
5/14/98
37.18
0242271
KNIGHT & MATHIS, INC
5/14/98
33.09
0242272
KOMARINETZ, ROBERT
5/14/98
146.00
0242273
KELLY TRACTOR CO
5/14/98
147.94
0242274
KEY, PATRICIA W
5/14/98
38.50
0242275
KIRBY AUTO SUPPLY FT PIERCE
5/14/98
671.59
0242276
KLINK, RICHARD
5/14/98
957.00
0242277
KIRBY AUTO SUPPLY FT PIERCE
5/14/98
180.53
0242278
KNOWLES, JAMAAL
5/14/98
79.83
0242279
KELLY, JULIE ANN
5/14/98
49.00
0242280
LAWMEN & SHOOTERS SUPPLY
5/14/98
1,296.00
0242281
LONG, JAMES T ESQUIRE
5/14/98
50.00
0242282
LIGHT SOURCE BUSINESS SYSTEMS
5/14/98
564.36
0242283
LOGICON ITG
5/14/98
2,617.00
0242284
LUCENT TECHNOLOGIES
5/14/98
17.60
0242285
LETTS, DAVID
5/14/98
966.00
0242286
LIER GROVES INC
5/14/98
11.87
0242287
LTI
5/14/98
3,434.64
0242288
MARPAN SUPPLY CO, INC
5/14/98
1,501.80
0242289
MCCORKLE RADIOLOGY
5/14/98
62.00
0242290
MIKES GARAGE
5/14/98
2,640.00
0242291
MILNER DOCUMENT PRODUCTS
5/14/98
186.00
0242292
MACHT, KENNETH
5/14/98
79.26
0242293
MORA, RALPH PHD
5/14/98
500.00
0242294
MAIN PAINT & SUPPLY
5/14/98
50.65
0242295
MATRX MEDICAL, INC
5/14/98
168.39
0242296
MIAMI ELEAVTOR COMPANY
5/14/98
2,155.37
0242297
MICRO WAREHOUSE
5/14/98
156.85
0242298
MOUTENOT, ANNE
5/14/98
94.47
0242299
MEDICAL RECORD SERVICES, INC
5/14/98
179.55
0242300
MCMASTER-CARR SUPPLY COMPANY
5/14/98
86.21
0242301
MORA, CHRISTOPHER R
5/14/98
183.97
0242302
MIDWEST TAPE EXCHANGE
5/14/98
69.65
0242303
MAGNETHERAPY, INC
5/14/98
838.10
0242304
MTW ROOFING CO
5/14/98
3,670.00
0242305
MARC INDUSTRIES
5/14/98
16.50
0242306
MANCINO, DANIELLE
5/14/98
59.23
0242307
MELANIE GROUT REPORTING, INC
5/14/98
303.75
May 26, 1998
7
•
EO_o�; 6 � J F.iGc'
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0242308
MOSS, ROGER
5/14/98
68.24
0242309
MCGUIRE, GEORGE SEAN
5/14/98
80.33
0242310
MOSS, MARY
5/14/98
64.38
0242311
MCENDERFER, LUKE
5/14/98
77.25
0242312
MUSCO SPORTS LIGHTING, INC
5/14/98
450.00
0242313
NORTH SOUTH SUPPLY
5/14/98
195.94
0242314
NICOSIA, ROGER J DO
5/14/98
3,720.00
0242315
NEFF MACHINERY, INC
5/14/98
496.44
0242316
NU CO 2, INC
5/14/98
65.75
0242317
NAPIER, WILLIAM MATT
5/14/98
35.09
0242318
NICKERSON, LOUIS
5/14/98
105.58
0242319
NEVOR, NICK
5/14/98
54.08
0242320
OFFICE PRODUCTS & SERVICE
5/14/98
1,214.00
0242321
OMNIGRAPHICS, INC
5/14/98
298.00
0242322
OFFICE DEPOT, INC
5/14/98
2,327.25
0242323
PARKS RENTAL INC
5/14/98
50.21
0242324
PEACE RIVER ELECTRIC
5/14/98
189.33
0242325
PEPSI -COLA BOTTLING GROUP
5/14/98
38.25
0242326
PERKINS DRUG, INC
5/14/98
242.28
0242327
PERKINS INDIAN RIVER PHARMACY
5/14/98
181.11
0242328
POST, LORRAINE M
5/14/98
173.56
0242329
POSTMASTER
5/14/98
205.00
0242330
PUBLIC DEFENDER
5/14/98
1,657.72
0242331
POWERLINE ELECTRIC
5/14/98
58.90
0242332
PORT PETROLEUM, INC
5/14/98
1,185.33
0242333
PRESS JOURNAL
5/14/98
94.60
0242334
PATRICK EXTERMINATING, INC
5/14/98
95.00
0242335
PINEWOODS ANIMAL HOSPITAL
5/14/98
15.00
0242336
PEEK TRAFFIC - TRANSYT
5/14/98
70.00
0242337
PRIMESTAR BY TCI CABLE
5/14/98
39.95
0242338
PANGBURN, TERRI
5/14/98
48.00
0242339
PRESS JOURNAL - SUBSCRIPTION
5/14/98
62.70
0242340
PRESS JOURNAL/STUART NEWS
5/14/98
195.49
0242341
PRAXAIR DISTRIBUTION
5/14/98
263.20
0242342
PACKARD ROOFING
5/14/98
153.00
0242343
PIKE, JENNIFER
5/14/98
43.78
0242344
PARKER, BARBARA
5/14/98
220.04
0242345
PAULEY, BEN
5/14/98
43.13
0242346
PENNWELL PUBLISHING CO
5/14/98
53.10
0242347
POWERPHONE, INC
5/14/98
73.45
0242348
RADIO SHACK ACCT RECEIVABLE
5/14/98
586.10
0242349
RIFKIN, SHELDON H PHD
5/14/98
1,000.00
0242350
RUSSELL CONCRETE, INC
5/14/98
1,246.99
0242351
RUSSO PRINTING, INC
5/14/98
10.52
0242352
ROBINSON EQUIPMENT COMPANY,INC
5/14/98
64.23
0242353
RICHMOND HYDRAULICS INC
5/14/98
118.50
0242354
REDSTONE, MICHAEL
5/14/98
12.50
0242355
RUBBER STAMP EXPRESS & MORE
5/14/98
79.38
0242356
REISFELD, ART
5/14/98
119.38
0242357
RIGER, JACOB M
5/14/98
21.00
0242358
RSR WHOLESALE SOUTH, INC
5/14/98
3,050.79
0242359
SAFETY EQUIPMENT COMPANY
5/14/98
41.50
0242360
SAFETY KLEEN CORP
5/14/98
162.00
0242.361
SCHOPP, BARBARA G
5/14/98
66.50
0242362
SEBASTIAN BUSINESS SUPPLY, INC
5/14/98
37.18
0242363
SEWELL HARDWARE CO, INC
5/14/98
226.36
0242364
SHELL OIL COMPANY
5/14/98
754.50
0242365
SMART CORPORATION
5/14/98
15.97
0242366
SOUTHERN EAGLE DISTRIBUTING,
5/14/98
1,520.95
0242367
ST LUCIE BATTERY & TIRE, INC
5/14/98
45.70
May 26,1998
P
0 0
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0242368
STURGIS LUMBER & PLYWOOD CO-
5/14/98
452.17
0242369
SUN COAST WELDING SUPPLIES INC
5/14/98
413.10
0242370
SUNRISE FORD TRACTOR CO
5/14/98
56.69
0242371
SUNSHINE PHYSICAL THERAPY
5/14/98
30.00
0242372
ST JOHN'S RIVER WATER MGMT
5/14/98
4,500.00
0242373
ST LUCIE PAPER & PACKAGING,INC
5/14/98
578.07
0242374
SHELTRA & SON CONSTRUCTION
5/14/98
87,682.50
0242375
SERVICE REFRIGERATION CO, INC
5/14/98
320.75
0242376
SIMON & SCHUSTER
5/14/98
571.68
0242377
SHERWOOD, FRANCES G
5/14/98
73.37
0242378
SHADY OAK ANIMAL CLINIC
5/14/98
155.00
0242379
SAFETY EQUIP COMPANY
5/14/98
450.00
0242380
SUBSTANCE ABUSE COUNCIL
5/14/98
6,586.74
0242381
SOFTWARE CITY
5/14/98
615.14
0242382
SHELDON, JAMES
5/14/98
679.96
0242383
SUPERIOR PRINTING
5/14/98
2,044.60
0242384
SYSCO FOOD SERVICES OF
5/14/98
1,581.30
0242385
SEBASTIAN POLICE DEPARTMENT
5/14/98
240.15
0242386
SCHWEY SERVICES
5/14/98
2,580.00
0242387
SUAREZ, ANTONIO
5/14/98
275.00
0242388
SUNSHINE CHAPTER
5/14/98
340.00
0242389
STM COMPANY
5/14/98
41.00
0242390
SKALA, ERIC
5/14/98
36.05
0242391
SOUTHERN SECURITY SYSTEMS OF
5/14/98
3,323.00
0242392
SUNSHINE STATE ONE CALL
5/14/98
1,012.10
0242393
SMITH, JUDITH WALKER
5/14/98
96.00
0242394
SACKVILLE, WALTER
5/14/98
4.70
0242395
TEE JAY'S ENGRAVING & RUBBER
5/14/98
258.00
0242396
TITLEIST DRAWER
5/14/98
1,849.91
0242397
TRODGLEN PAVING, INC
5/14/98
425.00
0242398
TREASURE COAST REFUSE CORP
5/14/98
426.83
0242399
TEXACO CREDIT CARD CENTER
5/14/98
1,850.81
0242400
TEMPACO, INC
5/14/98
101.00
0242401
TNEMEC COMPANY, INC
5/14/98
465.80
0242402
TRAFFIC PARTS, INC
5/14/98
7,210.20
0242403
TESNOW, RONALD L
5/14/98
58.20
0242404
TCI MEDIA SERVICES
5/14/98
1,979.70
0242405
TRI -COUNTY GAS
5/14/98
18.00
0242406
TARGET STORE T-1050
5/14/98
65.54
0242407
TREASURE COAST MASSAGE THERAPY
5/14/98
91.00
0242408
THOUSAND MILE OUTDOOR WEAR
5/14/98
1,090.10
0242409
TANKERSLEY, KRISTY
5/14/98
30.90
0242410
TRAVELHOST OF TREASURE COAST &
5/14/98
190.00
0242411
UNIVERSITY OF FLORIDA, THE
5/14/98
12.00
0242412
US FILTER DISTRIBUTION GROUP
5/14/98
13,110.48
0242413
UNITED BLOWER, INC
5/14/98
10,046.00
0242414
VELDE FORD, INC
5/14/98
809.30
0242415
VERO BEACH, CITY OF
5/14/98
39,901.14
0242416
VERO TRAVEL SERVICE, INC
5/14/98
343.00
0242417
VIRGIL'S RADIATOR WORKS
5/14/98
60.00
0242418
VERO BEACH, CITY OF
5/14/98
397.18
0242419
VERO BEACH POLICE DEPARTMENT
5/14/98
75.00
0242420
VERO BEARING & BOLT
5/14/98
453.18
0242421
VANSTAR
5/14/98
435.05
0242422
WALGREENS PHARMACY #03608
5/14/98
673.78
0242423
WALSH, LYNN
5/14/98
112.72
0242424
WAYNE'S FOOD MART
5/14/98
18.63
0242425
WOODY'S PAPER & PRINT
5/14/98
484.00
0242426
WQOL FM
5/14/98
70.00
May 26, 1998
CHECK NAME
NUMBER
0242427 WAL-MART PHARMACY, INC
0242428 WILLHOFF, PATSY
0242429 WIDMAN, RAMONA
0242430 WILLIAM THIES & SONS, INC
0242431 WILSON GOLF DIVISION
0242432 WHEELER, GARY SHERIFF
0242433 WHEELER PUBLISHING, INC
0242434 WTTB AM 1490
0242435 WILLIAMS, BARBARA
0242436 WYNDHAM HARBOUR ISLAND HOTEL
0242437 WOLFE, MEGAN
0242438 WALGREENS PHARMACY
0242439 WINDLE, BEN
0242440 WORLDCOM
0242441 WEST GROUP PAYMENT CTR
0242442 WASTE MANAGEMENT
0242443 WASTE MANAGEMENT, INC
0242444 WWCI TV 10
0242445 WALKER PROCESS EQUIPMENT
0242446 XEROX CORPORATION
0242447 YAVORSKY'S TRUCK SERVICE,INC
0242448 ZYSKOWSKI, ARTHUR
0242449 ZIMMERMANN, KARL
0242450 PEASE, CLINTON
0242451 CURTIS, ROBERT
0242452 KEMP, HAROLD
0242453 WARD JR, CHARLES
0242454 STROLLO, ROCCO
0242455 SHAGEN, CHRISTINE E
0242456 BAITA PROPERTY SERVICES
0242457 BENNETT, CAROLYN J
0242458 DEFOREST, GEOFFRY & JODY
0242459 MC CREA, EDGAR & DEBORAH
0242460 URSO, KATHLEEN
0242461 KAHLE, ESTHER
0242462 R ZORC & SONS BUILDERS INC
0242463 LIER GROVES INC
0242464 BARRETT, MARY
0242465 ASPEN ENTERPRISES
0242466 PROCTOR CONSTRUCTION CO INC
0242467 MATTISON ELSBETH
0242468 STEVENS, RICHARD
0242469 VAGLIVIELO, VIC J
0242470 CHAMBLISS, CAROLYN
0242471 MILLER, LOREN J
0242472 MC LAUGHLIN, TAM
0242473 GHO VERO BEACH INC
0242474 GREGG JR, DAVID
0242475 CORNERSTONE SELECT HOMES INC
0242476 BEARD, MEGAN
0242477 WOLFF, EUGENE I
0242478 MGB CONSTRUCTION INC
0242479 PERUGINI CONSTRUCTION
0242480 MUSSER, HARVEY K
0242481 CARR, HELEN
0242482 MALCOLM, HENRY E
0242483 THORNTON, ROY
0242484 SCHULKE, WILLIAM
0242485 CAMERON CORPORATION
0242486 KINGSLEY, GREGORY
May 26, 1998
10
CHECK CHECK
DATE AMOUNT
5/14/98
81.54
5/14/98
260.00
5/14/98
27.00
5/14/98
188.30
5/14/98
730.15
5/14/98
5,579.19
5/14/98
137.74
5/14/98
90.00
5/14/98
40.00
5/14/98
356.00
5/14/98
18.03
5/14/98
76.33
5/14/98
119.53
5/14/98
55.82
5/14/98
31.00
5/14/98
85,120.75
5/14/98
395,814.00
5/14/98
300.00
5/14/98
119,415.00
5/14/98
156.19
5/14/98
719.10
5/14/98
200.00
5/14/98
28.25
5/14/98
298.68
5/14/98
338.18
5/14/98
308.92
5/14/98
249.92
5/14/98
442.69
5/14/98
88.29
5/14/98
2,224.28
5/14/98
105.02
5/14/98
52.51
5/14/98
52.51
5/14/98
24.39
5/14/98
118.77
5/14/98
23.63
5/14/98
31.46
5/14/98
41.18
5/14/98
30.30
5/14/98
481.33
5/14/98
34.76
5/14/98
100.76
5/14/98
31.46
5/14/98
10.49
5/14/98
38.84
5/14/98
68.70
5/14/98
195.65
5/14/98
72.19
5/14/98
83.12
5/14/98
17.51
5/14/98
31.15
5/14/98
24.42
5/14/98
26.09
5/14/98
41.83
5/14/98
33.88
5/14/98
43.78
5/14/98
23.65
5/14/98
42.27
5/14/98
63.05
5/14/98
72.51
•
•
CHECK
NAME
CHECK
CHECK
DATE
AMOUNT
NUMBER
0242487
WESTCO
5/14/98
263.06
0242488
LOGAN, ROBERT S
5/14/98
57.46
0242489
IANNOTTI, PATRICIA E
5/14/98
61.66
0242490
BINHASHER, MOHAMMED
5/14/98
63.59
0242491
ROYAL GARDENS INC
5/14/98
66.91
0242492
SCHMITT, THEODORE J
5/14/98
48.56
0242493
LOTT, RITA M
5/14/98
28.46
0242494
LUTZ, KATHY J
5/14/98
35.49
0242495
RIGGINS, ERICKA
5/14/98
22.31
0242496
HACKNEY, DOUGLAS R
5/14/98
37.53
0242497
ALVARADO, ARCELIA
5/14/98
28.23
0242498
MANTZ, RUSSELL
5/14/98
35.20
0242499
CROSS, JIM E
5/14/98
65.16
0242500
DENNINSON, BERNADINE
5/14/98
52.50
0242501
TILLIS, RUFUS W
5/14/98
50.00
0242502
KILKENNY, ELAINE
5/14/98
30.00
0242503
LANGFORD, DYANA M
5/14/98
52.50
1,573,455.97
7.B. Bid Award #8056 - Publication of Legal Notices - Press Journal
The Board reviewed a Memorandum of May 14, 1998:
TO: Board of County Commissioners
'o
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: May 14, 1998
SUBJECT: Award of Bid for Publication of Legal Notices
The Commission issued its yearly request for proposals (RFP #8056) for the
publication of legal notices in newspapers. Several newspapers were mailed copies of
the RFP. Only one bid was received and that was from the Press Journal. The rate
bid was $6.75 per column inch. The previous rate was $4.95 per column inch by the
Press Journal.
The Commission has only a Hobson's choice. Accordingly, it is recommended that
the Commission approve the award to the Press Journal and authorize staff to notify
the Press Journal of their selection.
May 26, 1998
11
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously approved award of
Bid #8056 to the Press Journal for publication of legal notices
at a rate of $6.75 per column inch and authorized staff to notify
the Press Journal of their selection, as recommended in the
memorandum.
7. C. Payments to Vendors of Court Related Costs
The Board reviewed a Memorandum of May 15, 1998:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attomey�_
DATE: May 15, 1998
SUBJECT: Payments to Vendors of Court Related Costs
The Office of the County Attorney has processed and approved payment to the following vendors
for the week of May 11, 1998.
Listed below are the vendors names and the amount of each court
related costs.
J R Reporting Associates
Transcription
50.00
J R Reporting Associates
Transcription
52.50
J R Reporting Associates
Transcription
62.50
J R Reporting Associates
Transcription
32.50
J R Reporting Associates
Transcription
110.00
J R Reporting Associates
Transcription
82.50
Treasure Coast Court Report
Court Reporter
25.00
Sheldon H. Rifkin, Ph.D.
Clinical Evaluation
500.00
Medical Record Services, Inc.
Record Research
26.24
Debby Thomas
Transcription
45.50
Shirley E. Corbin
Transcription
94.50
Shirley E. Corbin
Transcription
147.50
Sheila I. Flinn
Transcription
24.50
Peggy Gollnick
Transcription
35.00
Peggy Gollnick
Transcription
28.00
Sheila I. Flinn
Transcription
66.50
Shirley E. Corbin
Transcription
63.00
Sheila I. Flinn
Transcription
31.50
Sheila I. Flinn
Transcription
24.50
Robert J. Brugnoli, Ph.D.
Clinical Evaluation
500.00
Shirley E. Corbin
Transcription
45.50
J R Reporting Associates
Transcription
292.00
Shirley E. Corbin
Transcription
101.50
Shirley E. Corbin
Transcription
21.00
Shirley E. Cobin
Transcription
38.50
Robert J. Brugnoli, Ph.D.
Clinical Evaluation
300.00
Floyd Evans
Court Interpreter
12.50
Medical Record Services, Inc.
Record Research
15.78
J R Reporting Associates
Transcription
37.50
Total
$2,866.02
NO ACTION REQUIRED OR TAKEN.
May 26, 1998
12
ZD. Community Development Director Authorized to Execute
License Agreements re Transferred -P o�nerty Utilizing County
Riparian Land forpocks within the Country Club Pointe Subdivision
The Board reviewed a Memorandum of May 18, 1998:
TO: The Board of County Commissioners
FROM: ',< William G. Collins II - Deputy County Attorney
DATE: May 18, 1998
SUBJECT: Authorization for Community Development Director or His
Designee to Execute License Agreements Pertaining to
Transferred Property Utilizing County Riparian Land for Dodos
Within the Country Club Pointe Subdivision
An established policy by the Board of County Commissioners allows for property
owners within the Country Club Pointe Subdivision to enter into License
Agreements with the County for the use of the County's riparian land on the east
side of Calcutta Drive for the construction and use of docks for personal
recreational use.
Since the establishment of that policy, all available County riparian land on the
east side of Calcutta Drive is under license, and from time to time, property
owners under license sell their property and the new purchasers wish to exercise
the provision of the seller's license agreement whereby the new purchaser can
enjoy the same recreational enjoyment by entering into a similar license
agreement with the County within ninety days of sale.
Most purchase contracts, however, have contingencies that at closing the buyer
will be able to enter into a similar dock license agreement as did the seller, but
because closings are often on deadlines not consistent with scheduled meetings
of the Board of County Commissioners, delays in closings occur which can
cause lock -in rates with financial institutions to expire.
If the Board agrees that authorization of transfers of such license agreements
are an administrative function that can be delegated, review and approval of
each instrument by the Board and attendant delays in dosings can be avoided
by delegating authority to the Community Development Director or his designee
to execute License Agrdements pertaining to transferred property utilizing
County riparian land for docks within the Country Club Point Subdivision.
May 26, 1998
13
ALTERNATIVES:
1. Approve the attached Resolution delegating authority to the Community
Development Director or his designee to execute License Agreements
pertaining to transferred property utilizing County riparian land for docks
within the Country Club Pointe Subdivision.
2. If the Board determines that this is not an administrative function and
wishes to review and approve each transfer of the dock license
agreement rather than delegate the authority to the Community
Development Director, then the Board should authorize the Chairman to
execute the dock license agreement evidencing the transfer of the dock
located due east of Lot 13 and including the south 1/3 of property east of
Lot 13, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 from
Redfield to King. The Redfield/King closing is scheduled for May 29,
1998.
RECOMMENDATION:
Alternative 1.
/nhm
Attachments
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously adopted Resolution
98-058 delegating authority to the Community Development
Director or his designee to execute License Agreements
pertaining to transferred property utilizing County riparian land
for docks within the County Club Pointe Subdivision, as
recommended in the Memorandum.
May 26, 1998
14
RESOLUTION NO. 98-58
8__
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, DELEGATING TO THE
COMMUNITY DEVELOPMENT DIRECTOR
OR HIS DESIGNEE AUTHORITY TO
EXECUTE LICENSE AGREEMENTS
PERTAINING TO TRANSFERRED PROP-
ERTY UTILIZING COUNTY RIPARIAN LAND
FOR DOCKS WITHIN THE COUNTRY CLUB
POINTE SUBDIVISION.
WHEREAS, the Board of County Commissioners of Indian River
County, Florida is presumptively the holder of riparian rights to the canal lying
easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent
to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat
Book 4, Page 11, Public Records of Indian River County, Florida; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida established a policy concerning the use of that riparian land for
the construction and/or use of dock facilities within the Country Club Pointe
Subdivision; and,
WHEREAS, that policy allows for property owners within the Country
Club Pointe Subdivision to enter into a license agreement on a first -come -first
served basis with the County for the construction and/or use of docks on
County's riparian land for the personal recreational use of the property owner;
and
WHEREAS, since the establishment of that policy, all available County
riparian land on the east side of Calcutta Drive is under license; and
WHEREAS, property owners within the Country Club Pointe Subdivision
who entered into a dock license agreement with the County will from time to time
sell such property; and
May 26, 1998
15
t.r�'kl FF
�-... i..
I
1K °�u b i.y ,� ��
600 , "FAI;c U' --'j-
3
WHEREAS, a provision in the license agreement provides for the
termination of the license agreement upon the sale of property owner's property
at which time any dock improvements under the license shall become the
property of the County, unless the purchaser of the property enters into a similar
license agreement for the construction and/or usage of the dock facility within
ninety days of sale; and
WHEREAS, such transactions and accompanying documentation are
administrative in nature and do not require the attention of the Board of County
Commissioners; and
WHEREAS, most purchase contracts have contingencies that at
closing, the buyer will be able to enter into a similar dock license agreement as
did the seller, and
WHEREAS, closings of property are often on deadlines not consistent
with the scheduled meetings of the Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that the Indian River County Community Development Director or
his designee is hereby delegated authority to execute any and all License
Agreements pertaining to transferred property utilizing County riparian land for
docks within the Country Club Pointe Subdivision.
The resolution was moved for adoption by Commissioner E g g e r t, and
the motion was seconded by Commissioner r, i n n , and, upon being put to
a vote, the vote was as follows:
May 26, 1998
John W. Tippin, Vice Chairman A X e
Kenneth R. Macht Aye
Caroline D. Ginn A y e
Fran B. Adams Aye
Carolyn K. Eggert Aye
16
0 - 0
The Chairman thereupon declared the resolution duly passed and
adopted this 2 6 day of May, 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUN� ORIDA
By (�)74x'f z
ohr� W. Tippet, Ch n
APPROVED AS TO FORM
Jeffrey K. Barton, Cler AND LEGAL SUFFICIENCY
�h- BY
WILLIAM G. COLLINS it
DEPUTY COUNTY ATTORNEY
7.E. Miscellaneous Budget Amendment 019
The Board reviewed a Memorandum of May 20, 1998:
TO: Members of the Board
of County Commissioners
DATE: May 20, 1998
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 019
CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. On April 14, 1998 the Board of County Commissioners approved increasing the Sherffr s
budget by $55,990 for the Broward prisoner money billed in the month of March 1998.
2. On May 19, 1998 the Board of County Commissioners approved increasing the Sheriff's
budget by $29,285 for the Broward prisoner money billed April 1998.
3. In budget amendment number 013 the Budget Director incorrectly coded the North
County Library donations to the Sheriffs Broward revenue in the amount of $2,434. The
attached entry appropriates funding.
May 26, 1998
17
L.9 C4C Utit `l
I
h0'J Fir Uje�
4. On April 14, 1998 the Board of County Commissioners approved condemnation at a cost
of $26,700. The attached entry appropriates funding from M.S.T.U. Contingencies.
5. On May 12, 1998 the Board of County Commissioners approved funding $2,500 for
fireworks at Sebastian and $2,500 for the Indian River County Firefighters firework
display in Vero Beach for the Fourth of July celebrations. The attached entry
appropriates funding from M.S.T.U. Contingencies.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment.
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Ginn, the Board unanimously approved Budget
Amendment #019, as recommended in the Memorandum.
TO: Members of the Board BUDGET AMENDMENT: 019
of County Commissioners
FROM: Joseph A. Baird DATE: May 20. 1998
OMB Director 6k -
Entry
Number
Funds/Departmem/Account Name
Account Number
Increase
Decrease
1.
REVENUE
GENERAL FUND/Broward Prisoner Revenue
001-000-341-057.00
$55,990
s0
EXPENSES
GENERAL FUND/ShwiMaw Enforcemwa
001.600-586-099.04
$40,220
$0
GENERAL FUND/She Metention
001-000-586.099.14
$15,770
50
2.
REVENUE
GENERAL FUND/Bnoward Prisoner Revm w
001-000-341-057.00
$29,285
50
EXPENSES
GENERAL FUND/Sheriff/Law Enhrcetumt
001-600-586-099.04
$21,200
50
GENERAL. FUND/Sheriff/D on
001-600-586-099.14
$8,085
s0
3.
REVENUE
GENERAL FUND//Broward Prisoner Revenue
0014000-341-057.00
s0
$2,434
GENERAL FUND/Donations-N. Cry. Library
0014000-366.097.00
52,434
s0
4.
EXPENSE
M.S.T.UiTmusportation Fundi
Other Contractual Services
004-214-541-033.49
526,700
s0
M.S.T.Ulrransportation Fund/
Reserve for CmWqpncy
004-199-581-099.91
s0
$26,700
5.
EXPENSE
M.S.T.U./Recreation/Special Events
004-108-572-041.11
551000
s0
M.S.T.Ulrransportadon Fund/
Reserve for Contingency
004-199-581-099.91
s0
S5,000
May 26, 1998
18
9.A.1. PUBLIC HEARING - COLORED SCHOOL SUBDIVISION
NAME CHANGED TO DOUGLAS SUBDIVISION
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
oath � thre ne � P of 1 Press,ioumala Darryl K Fp who an
m Ind . River County. Florida: that the attached copy b , a dally newspaper puNlshed at vera Beach
a NZDLR 1
�.:.ev.k11%P WWIM s • w.
In the /t Court, was pub.
Bshed in said newspaperin the issues of �� �6 , 1Qq'-K
Affiant further says that the said Press -Journal Is a newspaper published at Vero Beach, h
coonntwoidy puinclan �blishedInseb Vidian Rim that the said tffie theretofore flees
Mbeer entered as
at
class mall mater at the post office in V� Florida,ean ar CCowq Florids,,
for a period of orbs year rhext precedirhg the first publication of the attached copy of
� and affiant fhather says that he has nelt her paid nor prornised any person, torn
%tan any d scoau, rebate, cornrr�on or refund for the purpose of securing; this
adverb oraaarhent for "kation In said newspaper.
yg : COO' Na. CCbh 1G41 :'C�,
RAulW � . tta
I
Notary Public, State of Florida
�YCommlaCC '1 Jan Ot 2001
Comm. No. CC 6110f)
Fersonally Known or Produced ID 0
'-,pe of Ip Praduaad
NOTICE
' Subjech ORDINANCE
PUBLIC HEARING
The Board of County Commission.
s of Indiari River County, Florida,
hereby provides notice of a public.
hearing set for 9:05 am. on Tues.
day, May 26, 1998, to be held of
the County Commission Chambers:
In the County Administration Build.
Ing, 1840 25th Street, Vero Beach,
FL 32960, to discuss a proposed
ordinance which Is titled as .
follows:
AN ORDINANCE OF INDIAN
RIVER COUNTY, FLORIDA,
CHANGING THE NAME OF THE
"COLORED SCHOOL SUBDIVI.
SION" TO THE "DOUGLAS'
SUBDIVISION."
Interested parties may appear at
the meeting and be _heard _with_
rasped "fo the proposed special
assessment. Anyone who wants to
Inspect any proposed documents
may do so at the Utility Services
Department, 1840 25th Street,
Vero Beach, Fl.
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 pro.
ceedings is made, which includes
testimony and evidence upon which
the appeal is based.
Anyone who needs a special
accommodation for this meeting
may contact the County's Ameri-
cans With Disabilities Act (ADA)
Coordinator at 567-8000, Ext. 223
at least 48 hours in advance of the
Imeeting.
May 15,1998 1343324r
The Board reviewed a Memorandum of May 13, 1998:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 13, 1998
RE: Public Hearing 5/26198 - Changing Subdivision Name from the
"Colored School Subdivision" to the "Douglas Subdivision"
May 26, 1998
19
. F�ic
I
EOJa; f,9t,c UJI
At its meeting May 12, 1998, the Board approved advertising for a public hearing
to change a subdivision name from the "Colored School Subdivision" to the
"Douglas Subdivision."
The attached ordinance would accomplish this.
Recommended Action: Staff recommends that, after holding a public hearing,
the Board approve the ordinance changing the subdivision name and authorize
the Chairman to sign it on its behalf.
County Attorney Vitunac advised that Commissioner Adams was the genesis of this
ordinance which changes an offensive name for a subdivision.
Commissioner Adams advised that the idea started when the Community
Development Block Grant program began in Wabasso. The name of the subdivision seemed
awkward and the Legislature created a statute which gave counties the ability to change
names of subdivisions which were offensive or inappropriate. The West Wabasso Civic
League came up with the name Douglas Subdivision, which she felt was very appropriate.
Vice Chairman Macht felt it was a very positive change because of the stature and
legacy of Frederick Douglass. He would like to see the group in Wabasso perhaps
incorporate this into some kind of an annual observance of Frederick Douglass and others
who have advanced the course of our civilization.
Commissioner Adams responded that she will continue to investigate that, a Douglass
Day might be a lot of fun.
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter. There being none, he closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Eggert, the Board unanimously adopted
Ordinance 98-10 changing the name of the "Colored School
Subdivision" to the "Douglas Subdivision".
May 26, 1998
20
5/98(ordlsubdname)Vk
ORDINANCE NO. 98- 1 o
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, CHANGING THE NAME OF THE
"COLORED SCHOOL SUBDIVISION" TO THE
"DOUGLAS SUBDIVISION."
WHEREAS, Section 177.142, Florida Statutes, allows a county by ordinance
to change the name of subdivisions that the Board of County Commissioners
determines constitute an ethnic or racial slur; and
WHEREAS, the residents of the Wabasso area have requested that the
name of the subdivision recorded in Plat Book 2, Page 62, of the public records of
Indian River County, be changed from the "Colored School Subdivision" to the
"Douglas Subdivision"; and
WHEREAS, the Board of County Commissioners finds that this change is in
the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board hereby determines that the name the "Colored School Subdivision"
constitutes a racial and ethnic slur and should be changed to the "Douglas
Subdivision."
2. The Clerk of the Circuit Court shall place in the margin of the plat a notation
that the name has been changed as well as other data as required by law.
This ordinance shall take effect upon filing with the Florida Secretary of
State.
The ordinance was advertised in the Vero Beach Press Journal on the
15 day of May , 1998, for a public hearing to be held on the 26 day
of Mau , 1998, at which time it was moved for adoption by Commissioner
Adams , seconded by Commissioner Eggert . and adopted
by the following vote:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Caroline D. Ginn
Aye
Commissioner Carolyn K. Eggert
Aye
Commissioner Fran B. Adams
Aye
May 26, 1998
21
r �
Eo�'ly; 11
--0J PAGE
The Chairman thereupon declared the ordinance duly passed and adopted
this 2. 6 day of May .1998.
Attest: J. K. Barton, Cler G?Zj4- - -1� %,
By
'r-e, a -
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
"'1 -,,7 1,
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
day of June 1998. __j=
udi2n Rive Co, Aforovea
Dale
r7'�G�CI
Gey1
Rise Mgr.
NOT ON AGENDA - TAX COLLECTOR REQUEST TO BE HEARD
CONCERNING HIS PROPOSED MOVE TO LURIA'S PLAZA
At this time, Chairman Tippin announced that he had been reminded that Tax
Collector Karl Zimmermann wished to be added to the agenda for an emergency matter.
Commissioner Ginn advised that she could not agree to such addition as the Commission has
a very long agenda and she felt that they should have backup material to study.
Commissioner Adams inquired as to the "emergency nature", and Mr. Zimmermann
explained that he had finally been able to pull together prices relative to his office's proposed
move to Luria's Plaza. He had discussed this with Chairman Tippin after the agenda had
been published and begged the Commission's permission to take 5 minutes to discuss it.
Commissioner Ginn asked if he would be looking for some sort of decision, and Mr.
Zimmermann replied in the affirmative. He was prepared to give them the actual dollar cost
for the proposed move since the contractor's bid has now been received. Commissioner
Adams suggested Mr. Zimmermann send them a memorandum with the information so the
Commissioners have an opportunity to study the numbers and that it be included on the next
agenda. Mr. Zimmermann had hoped it could be discussed today, that he would be losing
a week in a very tight schedule, but if that was the Board's decision, he had no alternative.
May 26, 1998
W,
0 40
0 - 0
9.A.2. PUBLIC HEARING - SEBASTIAN WATER EXPANSION -
PHASE H -A - RESOLUTION III
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
fore the undersIpec! authority personally appeared
on
oath seyes dmt are otof the Pr�s,lo�unal r p�Pub K Hicks oBBeach
In Adan RMer Cauauty, Fhorida; that the attached Dopy of being
a /�(ftiCt r Q
u>lufr�i«e�zirr�
In the /s Court. was pub-
lished In said newspaper In the Issues ofA Cly �iDi ��l
Afftnt further says that the said Press4ournel Is a newspaper published at=="
t Vero Beach, "
SaG Indian Film County, Florida, the said Mcontinuously published In said Indian Rkw Cod nty, Florida. endhas been entered as
second Gass mail matter at the post office In Vero Beach. In said Man River County. Ronda.
hof att�nar the fast publication of the attached copy of
or says that he has r paid nor promised arty parson. firm
�a� . corrrNasion or refund for the purpose of sea % this
advfor publication In said newspaper.
Type of ID Produced
NOTICE
Subject: UTILITIES SPECIAL
ASSESSMENT PUBLIC HEARING
The Board of County Commission.
s of Indian River County, Florida,
hereby provides notice of a public
hearing set for 9:05 am. on Tues.
day, May 26, 1998, at the County
Commission Chambers in the
County Administration Building,
1840 25th Street, Vero Beach, FL
32960, to discuss a proposed res-.
olution relating to a special assess
ment project for water in Indian
River County, Florida, for the
INSTALLATION OF A WATER
MAIN TO SEBASTIAN AREA-
PHASE II -A and providing for spe.
cial.assessment liens to be made of
record on the properties to be
served.'
Interested parties may appear at
the meeting _and be -heard with
respect to the . proposed special
assessment. Anyone who wants to
Inspect arty proposed documents
may d6 so at the Utility Services
Department, 1840 25th Street,
Vero Beach, FL.
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 pro.
ceedings is made, which includes
testimony and evidence upon which
.the appeal is based.
Anyone who needs a :special
accommodation for this meeting
may contact the County's Ameri.
cans With Disabilities Ad Coordi.
nator at 567-8000, Ext. 223 at
least 48 hours in advance of the -
meeting.
May 9,16,1998 1338601 r
Utilities Department Director Don Hubbs reviewed a Memorandum of May 18,1998:
DATE: MAY 18, 1998
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: DONALD R. HUBBS, P.E:
DIRECTOR OF U71LXI Y S
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF A ENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SEBASTIAN WATER EXPANSION - PHASE 311-A
RESOLUTION III - PUBLIC HEARING
INDIAN RIVER COUNTY PROJECT NO. UW -96 -20 -DS
May 26, 1998
23
uu-
before me tlft_L J�J! ��- day
9 * ; Ail Coxiuss DN EX"26
'
>aMnctrror ; ;
s o Codta CC6
No' 11092 ;
'
q-3
= y : ; � _
e9s SEAL) q .,
KIMBERLY ANNE aLAIS
Notary Public, State of Florida
` 8�--...' 0"0 �4 �u
CommmNo CC 611slan p. D9 an. 01.2001
Wor
Personally Known Produced ID C
Type of ID Produced
NOTICE
Subject: UTILITIES SPECIAL
ASSESSMENT PUBLIC HEARING
The Board of County Commission.
s of Indian River County, Florida,
hereby provides notice of a public
hearing set for 9:05 am. on Tues.
day, May 26, 1998, at the County
Commission Chambers in the
County Administration Building,
1840 25th Street, Vero Beach, FL
32960, to discuss a proposed res-.
olution relating to a special assess
ment project for water in Indian
River County, Florida, for the
INSTALLATION OF A WATER
MAIN TO SEBASTIAN AREA-
PHASE II -A and providing for spe.
cial.assessment liens to be made of
record on the properties to be
served.'
Interested parties may appear at
the meeting _and be -heard with
respect to the . proposed special
assessment. Anyone who wants to
Inspect arty proposed documents
may d6 so at the Utility Services
Department, 1840 25th Street,
Vero Beach, FL.
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 pro.
ceedings is made, which includes
testimony and evidence upon which
.the appeal is based.
Anyone who needs a :special
accommodation for this meeting
may contact the County's Ameri.
cans With Disabilities Ad Coordi.
nator at 567-8000, Ext. 223 at
least 48 hours in advance of the -
meeting.
May 9,16,1998 1338601 r
Utilities Department Director Don Hubbs reviewed a Memorandum of May 18,1998:
DATE: MAY 18, 1998
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: DONALD R. HUBBS, P.E:
DIRECTOR OF U71LXI Y S
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF A ENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SEBASTIAN WATER EXPANSION - PHASE 311-A
RESOLUTION III - PUBLIC HEARING
INDIAN RIVER COUNTY PROJECT NO. UW -96 -20 -DS
May 26, 1998
23
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C Ube
BACKGROUND
On May 5, 1998, the Indian River County Board of County Commissioners approved
Resolutions 98-55 (Resolution n and 98-56 (Resolution II), which contained the
preliminary assessment roll and established the date of the public hearing for the
subject project. Property owners have been notified of the public hearing by certified
mail. Resolution 98-55 was published in the PRESS JOURNAL on May 11, 1998. (See
attached agenda item and minutes for the above meeting.)
ANALYSIS
Design of .the water distribution system is complete. Approval of the attached
Resolution III will confirm and approve the preliminary assessment.
An informational meeting was held for the property owners on May 19, 1998 at 7:00
p.m. in the County Commission Chambers. The attached map -displays the area to
benefit from the assessment project. The area to be served is located north of CR 512
and west of Roseland Road.
This area includes all or portions of 24 blocks. Included are 479 lots. There are 449
Parcel IDs. Typical lot sizes are .25 acre, plus or minus.
The City of Sebastian entered into an interlocal agreement with Indian River County
providing for the transfer of the City of Sebastian's water and wastewater system on
September 20, 1995. The agreement requires the County to extend water or wastewater
transmission, distribution or collection facilities and improvements, and impose special
assessments upon benefited parcels located within the incorporated area of the City.
At their regular meeting of June 26, 1996, the City Council adopted Resolution No. R-
96-48 (copy attached), which waived the sixty-day notice requirement as per Section.
6.07(B) of the interlocal agreement. This resolution further states that the City Council
deems it in the best interest of the citizens of Sebastian that Indian River County
proceed as soon as possible with the water expansion.
The attached map displays the area to benefit from the assessment project. This project
is to be paid through the assessment of property owners along the proposed water line
route. In the interim, financing will be from the assessment fund with inter -fund
borrowing from the water impact fee fund (472) and operations and maintenance fund
(471). Engineering design services and the assessment roll have been prepared by staff.
Survey work was provided by Masteller and Moler, Inc. We are now ready to begin the
assessment process associated with this project. The total estimated cost and amount
to be assessed is $981,641.46. The total estimated cost per square foot is $0.191713
(rounded).
The estimated cost of Phase II is greater than Phase I, primarily due to a higher ratio of
improvements, concrete driveways, more stringent restoration specifications, and
conservancy with the estimate, as well as a smaller area of property to distribute the
cost over. The assessed cost, as with any project, will be regulated by the degree of
competition at the bidding of the project. _
On April 22, 1998, a letter was sent to the City Manager, Thomas Frame, City of
Sebastian with a copy of this agenda item and a map of the Phase II -A (Phase II) project
area.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the Board of County
Commissioners approve the attached Resolution III.
May 26, 1998
24
The Chairman opened the public hearing and asked if anyone wished to be heard in
this matter.
Joe Gibson, 867 Blossom Drive, Sebastian, was concerned that the County was
charging $1300 per person for the hookup, yet in 1993 the other people (Phase I) paid only
$1100. It seemed like a very high estimate to him. Also people had not had an opportunity
to vote on this. He believed local laws were in conflict with Florida Statute 153, which says
there has to be a vote of the people.
County Attorney Vitunac responded that 153 (F. S.) is the Sewer District Law and the
vote is required when the district is set up. The County is operating under Chapter 125 and
the City of Sebastian had voluntarily contracted with the County to do the water and sewer,
as well as their assessment hearings. County and City ordinances had been adopted
authorizing the process. There were many public hearings and the matter has been the
subject of much debate between the City and the County. Concerning the estimate, it has to
be estimated on the high side because, by law, the number cannot go higher. Routinely, the
final numbers come in 10-20% lower than the estimate and they will end up with good utility
services.
Mr. Gibson thought that most of the people do not seem to want the water, including
himself. He took exception to alien on his property, wondered if it was legal, and if it is not
legal, it is a dangerous thing.
Martha Ahalt, 920 Claire Avenue, Sebastian, stated she is a widow on a fixed
income, did not want the water, and had no intention of hooking up to it. She had no way
of paying for it. She did not want a lien on her house and wondered how someone in her
position would ever pay for this assessment.
Assessment Projects Manager James D. "Dan" Chastain explained that the assessment
is allowed to be paid over 10 years, in 10 equal annual principal payments, together with
interest. The first installment would not be due until one year after the date of the final
assessment (probably early 2000). The bottom line on the cost is regulated by the degree of
competition in the bidding process which will take place in about 60 days. As an example,
the final cost on the Phase I project was 26.6% below the preliminary assessment.
Mrs. Ahalt has spoken with her neighbors and cannot find anyone who is in favor of
the water. She thought the homeowners should have the right to determine if they want it
May 26, 1998
25
F,
or not.
�U
Mr. Chastain advised that the vast majority of the inquiries and calls that the
department has been receiving over the past 2-3 years have been overwhelmingly in favor.
A few in most any project will attempt to convince the rest of the populace against it. In a
democracy, unanimous approval is seldom obtained.
Clay Fielding, 1197 Gardenia Street, Sebastian, told of a problem concerning amain
drain located on his property which he purchased 30 years ago. He has lost 2,000-3,000
square feet because of this drain, yet his assessment was for the full number of square feet,
which he cannot use.
Mr. Chastain advised that if there was a question about square footage calculation,
he would be pleased to review it with Mr. Fielding after the meeting. If a reduction in square
footage is justified, he will be happy to make it. If anyone has a question, they may contact
him at the phone number at the bottom of the letter sent to each property owner.
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 Adams, the Board unanimously adopted
Resolution 98-59 confirming the special assessments in
connection with a water main extension to the Sebastian Area
Phase H -A; providing for special assessment liens to be made of
record.
X Public Hearing (Third Reso.) 5/98(resolseb2a)Vk/DC
RECORDS of 6
RESOLUTION NO.98- 59 JEFFREY BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO, FLA.
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION
WITH A WATER MAIN EXTENSION TO THE SEBASTIAN AREA
PHASE II -A; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO
BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River County has, by
Resolution No. 98-55, adopted May 5, 1998, determined to make special assessments
against certain properties to be serviced by a water main extension to the Sebastian
Area Phase II -A (located west of Roseland Road and north of CR#512); and
0
May 26, 1998
26
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C1
0o
rn
d
WHEREAS, said resolution described the manner in which said special
assessments shall be made and how said special assessments are to be paid; and
WHEREAS, the resolution was published in the Vero Beach Press Journal, as
required by Section 206.04, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River County passed
Resolution No. 98-56 on May 5, 1998, and set a time and place for a public hearing at
which the owners of the properties to be assessed and other interested persons would
have the chance to be heard as to any and all complaints as to said project and said
special assessments, and for the Board.to act as required by Section 206.07, Indian
River County Code; and
WHEREAS; notice of the time and place of the public hearing was published in
the Press Journal Newspaper on Saturday, May 9, 1998, and once again on Saturday,
May 16, 1998 (twice one week apart; the last being at least one week prior to the
hearing), as required by Section 206.06, Indian River County Code; and
WHEREAS, the land owners of record were mailed notices at least ten days prior
to the hearing, as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board of County Commissioners of Indian River County on
Tuesday, May 26, 1998, at 9:05 a.m. conducted the public hearing with regard to the
special assessments;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments shown on the attached assessment roll are hereby
confirmed and approved, and shall remain legal, valid, and binding first liens against
the properties assessed until paid in full.
3. The Board finds that the properties assessed by this resolution will receive special
benefits equal to or greater than the cost of the assessment.
4. The County will record the special assessments and this resolution, which describes
the properties assessed and the amounts of the special assessments, on the public
records, which shall constitute prima facie evidence of the validity of the special
assessments.
The resolution was moved for adoption by Commissioner Eggert , and the motion
was seconded by Commissioner Adams , and, upon being put to a vote, the vote
was as follows:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Caroline D. Ginn
Aye
Commissioner Carolyn K. Eggert
Commissioner Fran B. Adams
Ay
ye
May 26, 1998
27
ECL"; 10u) oGC 06Li
. tj r' (GL
The Chairman thereupon declared the resolution duly passed and adopted this
26th day.:of May; 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVE COUNTY, FLORIDA
At��� �� ��: •K..Bart�, ale r-�
By. ,
t . John W. Tippin
Ilerk Chairman
Attachment: ASSESSMENT ROLL
(to be recorded on Public Records)
4102s Rvw Ca Accraved Date
Admin. IfC- S
Legal
Risk Mgr.
FULL ASSESSMENT ROLL HAS BEEN RECORDED IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
AND IS FILED IN THE OFFICE OF THE CLERK TO THE BOARD
9.B.1. PUBLIC DISCUSSION ITEM - PROPOSED PURCHASE OF
LOST TREE ISLANDS
Administrator Chandler advised that the negotiating team listed in the memo below
would give a general overview of the two option agreements covering their area of expertise.
Public Works Director James Davis reviewed his Memorandum of May 18, 1998 and
briefly reviewed the option agreements (referred to as "FCT option" and "FARBAR option")
which began on page 77 of the backup. In order for the option agreement to become
effective, it needed to be approved by the Board at this meeting.
DATE: May 18, 1998
TO: JAMES CHANDLER, County Administrator
FROM: JIM DAVIS, Public Works Directo
1p
SUBJECT: Purchase of Lost Tree Islands
Description and Condition
The negotiating team selected by the County Administrator consisted of James
Davis, Public Works Director, as lead negotiator; Joe Baird, Budget Director for funding
May 26, 1998
28
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6 - a
matters; Roland De Blois, Chief Environmental Planner, for general background; and Terry
O'Brien, Assistant County Attorney, for legal matters. The team met with Charles Bayer,
Jr., President of Lost Tree Village Corp., Ernie Cox, attorney for Lost Tree, and Steve
Melchiori, consultant for Lost Tree, on May 15, 199$ at 9:00 A.M. at the John's Island
Administration Building.
Alternatives and Analysis
At the outset of the negotiations, a non-negotiable requirement from the Seller was
that a firm enforceable contract be in place as soon as possible, and not just an option to
purchase. To meet this requirement, a two-pronged approach was taken. First, a Florida
Community Trust (FCT) option contract would be prepared. Second, a back-up contract
would be prepared which would obligate the County to purchase the Lost Tree Islands if
the FCT option did not close. This approach would allow the County to proceed with
seeking FCT funding (+/- $2.3 Million), and at the same time, guarantee Lost Tree that no
matter what happened with the FCT option approach, Lost Tree would have the Lost Tree
Islands purchased with title in the County.
The FCT option contract will contain revisions, and follows the procedures
previously used in FCT purchases. The contract price under the option would be
$11,900,000, with a net approximate cost to the County of approximately $9,600,000. The
contract price under the back-up contract with Indian River County only would be
$11,000,000, with the County responsible for the entire amount. There are fees for survey
and title insurance that have been negotiated between the parties.
If the FCT funds are acquired, the additional requirements imposed by FCT
participation are as follows:
1. County must remove exotic vegetation and revegetate with native plants
within twenty (20) years. The estimated cost is $10,000 to $40,000 per year
for clearing and revegetation.
2. Provide additional access improvements on islands, such as nature trails,
picnic areas and informational displays. Hopefully, grants would be obtained
for this work.
3. Draft a management plan (approximate cost $12,600.)
As a condition of the County's separate contract with Lost Tree Village Corporation,
the County and Seller must diligently pursue the acquisition of a FCT (State of Florida
Preservation 2000 Program - Doc. Stamp Revenue) Grant. This process requires
additional processing by all parties regarding survey, environmental investigation, etc.
Closing costs include a survey of the property estimated to cost $100,000 with Seller
paying $15,000 and County funding the remainder unless FCT agrees to participate (40%
of County share). Title insurance estimated to cost $34,000 funded 50/50, Buyer and
Seller, and Environmental survey estimated to cost $15,000 and to be paid by County.
The Seller has requested the following -conditions to the contract:
May 26, 1998
29
1
1. The Seller could name the islands from a list of names provided in the
agreements, or an alternate name subject to Board of County Commissioner
approval.
2. The properties be set aside for environmental purposes and not be subject
to future development other than nature trails, picnic facilities, etc., with a
reverter clause if the islands are ever used for other purposes.
Attached for consideration and approval at the May 26, 1998 Commission meeting,
is the FCT option contract which has been executed by Lost Tree and the IRC staff, to be
submitted to FCT for consideration before May 26, 1998, and the Statndard Florida
Association of Realtors/Florida Bar Contract, also executed by Lot Tree and ITC staff.
Then, Environmental Planning & Code Enforcement Chief Roland M. DeBlois
reviewed his Memorandum of May 20, 1998:
TO: Jim Davis, P.E.
Public Works Director
LID
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: May 20, 1998
SUBJECT: County Negotiations to Purchase the Lost Tree Islands; Florida
Communities Trust (FCT) Review of Option Agreement for Sale
and Purchase
As you know, the FCT Option Agreement for Sale and Purchase signed by Lost Tree Village
Corporation was a modification of the standard FCT option document, in that it included provisions
insisted upon by Lost Tree during county negotiations. Yesterday, I faxed a copy of the Option to
FCT staff for their review and comments. At approximately 4:30 pm yesterday (May 19, 1998),
FCT executive director Anne Peery and FCT attorney staff contacted me by phone with their
comments.
Ms. Peery explained that the Option as modified and executed by Lost Tree is unacceptable to the
FCT. Ms. Peery and the FCT attorneys made the following specific points.
Section 7, "Interest Conveyed" (Page 4 of the Option) provides for a Special
Warranty Deed, which is unacceptable to FCT. FCT requires a statutory warranty
deed.
Section 7 makes reference to `restrictive covenants," including restrictions on
property uses to open space, conservation, and passive recreation. Although those
uses are consistent with the acquisition objective and proposed use of the Islands in
May 26, 1998
30
to 0
accordance with County and State funding requirements, conditioning .the sale with
this restrictive covenant adversely affects the value of the Islands as appraised.
The reverter clause in Section 7 of the Option - which indicates that ownership of
the Islands will revert to Lost Tree if the Islands are used for anything other than
conservation, open space, or passive recreation - is unacceptable. Although the
County receives full title to the property under the FCT grant program, the FCT
retains an "executory interest," which allows the State to take the County to court in
the unlikely case that the Islands are not used or managed for conservation or passive
recreation. For this reason, the reverter (and any other encumbrances) are
unacceptable to the FCT.
Section 11, Page 5: the FCT program is a willing seller program, and FCT funds
cannot be expended towards any purchase that involves condemnation (or threat
thereof).
FCT will not accept any reference in the Option to the settlement of litigation
(Section 9 on Page 5 of the Option).
Ms. Peery indicated that these points were based on a quick review of the Option, and other details
may be in question upon a more thorough review. Ms. Peery also expressed concern about the two
different sale prices, depending on if the FCT participates or not; such an approach would set a
precedent for the FCT and she is not sure how the FCT Governing Board will react.
In summary, Ms. Peery indicated FCT's ongoing willingness to work with the County regarding
the FCT grant. However, for the FCT to approve the Option, the Option will need to be revised (as
indicated) to reflect the more standardized FCT document.
Please let me know if you have any questions (ext. 258).
Cc: Terry O'Brien
Jim Chandler
Joe Baird
Robert Keating
W:\USERS\ROLANDILAACEosTTREEIOPTREV.WPD
NOTE: SINCE THIS MEMORANDUM WAS WRITTEN, LOST TREE
VMUGE CORPORATION HAS REVISED THE EXECUTED FCT OPTION
TO ADDRESS FCT'S CONCERNS AS EXPRESSED HEREIN.
3: 3 D pw
May 26, 1998
31
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Mr. DeBlois pointed out that a revised updated option agreement was received and
replaced the one originally in the backup.
Next, Budget Director Joseph k Baird reviewed the financial aspects of the proposed
transaction using the following figures which he handed out to the Commissioners and
displayed on the ELMO.
lel='Un;-'N' e5 ET 1jj0-8C0 METING
FE
ESTIMATED EXPENSES FOR THE COUNTY T,
TO PURCHASE LOST TREE ISLANDS By
FAR BAR
MANAGEMENT PLAN
$0 $12,600
LESS REIMBURSEMENT $0 ($2,300,000)
TOTAL $11,194,500 $9,766,600
NOTES:
1. FCT OPTION - COUNTY MUST REMOVE EXOTIC VEGETATION AND
REVEGETATE WITH NATIVE PLANTS OVER A TWENTY (20) YEAR PERIOD.
THE ESTIMATED COST IS $10,000 TO $40,000 PER YEAR.
2. IF CLOSING EXCEEDS DATE SET FORTH IN THE FAR BAR CONTRACT,
THEN THE PRICE WILL INCREASE 1 % A MONTH (12% ANNUM) AFTER
JULY 26, 1998.
ESTIMATED REMAINING FUNDS IN
ENVIRONMENTAL LAND AFTER THE
PURCHASE OF LOST TREE ISLANDS
AMOUNT AVAILABLE
FAR BAR FCT
OPTION OPTION
$12,067,409 $12,067,409
LESS LOST TREE ISLAND PURCHASE ($11,194,500) ($9,766,600)
REMAINING BALANCE AFTER PURCHASE $872,909 $2,300,809
May 26, 1998
32
40 Q
OPTION
FCT OPT.
SELLING PRICE
$11,000,000
$11,900,000
TITLE INSURANCE
$17,000
$10,200 (60%)
ENVIRONMENTAL SURVEY
$15,000
$9,000 (60%)
DOC STAMPS
$77,500
$83,800
SURVEY ($100,000-$15,000)
$85,000
$51,000 (60%)
SUBTOTAL
$11,194,500
$12,054,000
MANAGEMENT PLAN
$0 $12,600
LESS REIMBURSEMENT $0 ($2,300,000)
TOTAL $11,194,500 $9,766,600
NOTES:
1. FCT OPTION - COUNTY MUST REMOVE EXOTIC VEGETATION AND
REVEGETATE WITH NATIVE PLANTS OVER A TWENTY (20) YEAR PERIOD.
THE ESTIMATED COST IS $10,000 TO $40,000 PER YEAR.
2. IF CLOSING EXCEEDS DATE SET FORTH IN THE FAR BAR CONTRACT,
THEN THE PRICE WILL INCREASE 1 % A MONTH (12% ANNUM) AFTER
JULY 26, 1998.
ESTIMATED REMAINING FUNDS IN
ENVIRONMENTAL LAND AFTER THE
PURCHASE OF LOST TREE ISLANDS
AMOUNT AVAILABLE
FAR BAR FCT
OPTION OPTION
$12,067,409 $12,067,409
LESS LOST TREE ISLAND PURCHASE ($11,194,500) ($9,766,600)
REMAINING BALANCE AFTER PURCHASE $872,909 $2,300,809
May 26, 1998
32
40 Q
ENVIRONMENTAL LAND ACQUISITION
BOND ISSUE - $15,000,000
REMAINING FUNDS
SOURCES
CASH BALANCE G/L (AS OF 0430-98):
$4,920,092
COST REIMBURSEMENT:
$59,000
KORANGY (CARL)
$445,321
FISHER (CARL)
$605,000
ST. SEBASTIAN (FCT)
$551,450
HARMONY OAKS (FCT)
$149,750 $1,751,521
INTEREST INCOME $100,000
TOTAL SOURCES $6,771,613
USES
B.C.C. APPROVED:
CARSON PLATT $2,516,902
FLINN $750,802
HARMONY OAKS $321,500 $3,589,204
ANTICIPATED PROPERTIES WITH COST SHARING:
ROUND ISLAND
$395,000
WABASSO SCRUB
$59,000
N. SEBASTIAN CONS. AREA
$46,000
SPALLONE
$215,000
OYSTER BAR
$525,000 $1,240,000
OTHER PROFESSIONAL COSTS
$175,000
ARBITRAGE EXPENSE $200,000
TOTAL USES $5,204,204
REMAINING BALANCE
BOND ISSUE FOR REMAINING $11,000,000
BALANCE REMAINING FROM FIRST BOND ISSUE
$1,567,409
$1,567,409
BOND ISSUE - $11,000,000 NET PROCEEDS $10,500,000
TOTAL AVAILABLE $12,067,409
Lastly, Assistant County Attorney Terrence P. O'Brien explained the difference
between option agreements versus contracts and reviewed his Memorandum dated May 21,
1998:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney"f
DATE: May 21, 1998
SUBJECT: Procedural Aspects Concerning the Purchase of Lost Tree Islands (LTI)
May 26, 1998
33
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F,
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1101,.; ml FACE
Legal Background -
There are two procedures which govern the purchase of real property by the County.
The first is by statute as set forth in Section 125.355, F.S, a copy of which is set forth in
Appendix A to this memorandum for ease of reference. The second is by County
ordinance Section 105.07 which is also set forth in Appendix A.
Facts:
With respect to the purchase of LTI, the statutory procedures are being used.
Essentially, these procedures require that, initially, an option contract be executed by
all parties (FCT, IRC, CofVB, TIRS and LTI). This requires only a majority vote of
the Commission. The appraisals would be made public after execution by IRC and
LTI, and 30 or more days later a public hearing would be held by IRC to determine if
the County wants to exercise the option and purchase the property. Because it is
understood that the option sale price exceeds the average of the two appraisals,
approval by IRC would need to be by an extraordinary vote (4 out of 5) to purchase
the property.
Lnalso requires that a non-FCT contract be considered as well. In order to meet this
requirement, it was determined that an option contract for the standard Florida
Realtor and Bar (FAR/BAR) contract would be presented to the Commission for
approval on the same day that the FCT option contract would be submitted for
approval by the Commission. -
The following procedure was agreed to by staff and LTI:
MAY 26,1998 - BCC MEETING
1. FCT Option Agreement presented to the Board of County Commissioners for
execution. A simple majority is required.
2. Resolution which authorizes staff to obtain the property by negotiation, sale, or
condemnation. The purpose of this is to allow the seller the benefit of Section
1033 IRS Code. A simple majority is required.
3. Option to purchase with the FAR/BAR contract presented to the Board of
County Commissioners for execution. A simple majority is required.
4. Request the Board of County Commissioners to hold Special Meeting on June
30, 1998 to consider in this order.
a) Exercise of FCT option — this requires on extraordinary vote of at least
4 votes.
b) Exercise the option of the FAR/BAR contract.
May 26,1998
i) If the FCT option is exercised an extraordinary vote of at least 4
votes is required to exercise the FAR/BAR option.
ii) If the FCT option is not exercised a simple majority is sufficient
to exercise the FAR/BAR option.
34
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iii) If the FCT option is exercised but the FAR/BAR option is not
exercised then the FCT option becomes null and void. Stated
another way the FCT option has a condition subsequent that to
the be valid the FAR/BAR option must also be exercised. This
is to give In comfort in the case the FCT Board refuses to
exercise the option.
Recommendation:
Staff recommends consideration of execution of the FCT option and the FAR/BAR
option.
Attorney O'Brien called the proposed Resolution (for condemnation) the "linchpin"
because if not adopted there will be no FCT option agreement and no FARBAR option and
no need to hold a special meeting on June 30, 1998.
During Attorney O'Brien's presentation, Commissioner Eggert inquired if the County
has ever before had a condemnation provision in prior purchases of environmental land, and
Attorney O'Brien responded it had not because the County has focused on acquiring
properties from willing sellers.
Vice Chairman Macht took issue with the word "necessary' in the condemnation
resolution and reasoned that the purchase of Lost Tree Islands was not "necessary". It
seemed to him to be only to allow Lost Tree Village to make even more money (tax savings)
if adopted.
Commissioner Ginn asked if the condemnation resolution would result in any benefits
to the County, and Attorney O'Brien stated there would be no documentary stamps involved
($70,000).
Attorney O'Brien advised of a Condemnation Agreement which was received after
5 pm on Friday, May 22, 1998 (Monday was Memorial Day, offices closed) wherein Lost
Tree Village Corporation had agreed to accept $11,000,000 and would be solely responsible
for its own attorney fees and costs. He explained that the County would not be responsible
for attorney fees and costs either if dealing with a willing seller, but would if the County
proceeded to condemnation.
Commissioner Ginn understood that this could be considered "friendly
condemnation," and Attorney O'Brien concurred that it could be considered a friendly
May 26, 1998
35
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EO'0V, � tAGE U m�3
lawsuit, since they would not be challenging the public purpose and had agreed to a price of
$11,000,000.
Vice Chairman Macht called it a sham to save Lost Tree Village income tax.
County Attorney Vitunac suggested that the attorney from Lost Tree Village answer
questions from their side and explain why they wanted the condemnation resolution and
agreement.
Ernie Cox, Gunster, Yoakley, Valdes, Fauli & Stewart, P.A., attorney for Lost Tree
Village, advised that late Friday afternoon, he discussed some changes with County Attorney
Vitunac to the FARBAR contract, which continued yesterday (Monday), and Lost Tree has
agreed that the "reverter clause" in the FARBAR contract would be removed and the same
language from the FCT option put in its place.
Mr. Cox stated that the Lost Tree Village Corporation was selling the islands far
below their current market value. In return, they wanted to make sure that the islands were
preserved in conservation for the future and wanted the right to be heard should the islands
be proposed for sale in the future. He stipulated that all of the deeds that would be issued
would be statutory warranty deeds instead of special warranty deeds. He explained that the
condemnation resolution is a standard resolution used by counties and does not require that
property be condemned, but authorizes the negotiation or, if necessary, condemnation. The
Condemnation Agreement is drafted in the manner requested by County Attorney Vitunac.
The first approach will be to attempt to utilize the FCT process, failing that they will go
forward on the backup (FARBAR) contract at a lower price. If either of those do not result
in a closing of the transaction, the County would have an option to seek condemnation of the
property, file the condemnation case, enter a final judgment and order of taking, and the
property would then be conveyed to the County. He stated that the condemnation process
is common in land acquisition transactions and cited many reasons why Lost Tree Village
should receive the additional compensation that the condemnation process would achieve.
Mr. Cox also advised that if the four documents being presented are approved, the
litigation with Indian River Shores and City of Vero Beach will be placed on hold and Lost
Tree Village will not proceed with the hearing scheduled for June 1, 1998.
Commissioner Adams asked Mr. Cox what value Lost Tree Village placed on the
condemnation resolution, and Mr. Cox believed that the property had already been inversely
May 26, 1998
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condemned by the actions of the governments and that development had been delayed since
1992 waiting for the completion of purchase for public purpose. He explained that the
resolution resulted from negotiations and the Internal Revenue Service looks for specific
resolutions. The value to his client is the avoidance of additional legal expense incurred with
respect to Internal Revenue Service and the sale of the property in question.
Assistant County Attorney Terrence P. O'Brien advised that he was unaware that the
reverter clauses had been removed and that the deeds were changed. He was looking at the
Condemnation Agreement and asked if Mr. Cox could explain the language saying that the
County "will" purchase the property pursuant to the Backup Contract. It seemed to him if
the County signed it, the option agreement was being negated. (Clerk's Note: Condemnation
Agreement received at meeting has been filed with the backup.)
Mr. Cox indicated he had not had a lot of time to review it either.
Vice Chairman Macht pointed out that the document in the addenda did not bear much
relationship to the document under present discussion.
:I.
Attorney O'Brien indicated that this would be the 5' item to be considered by the
W. Cox wished to clarify the agreement, that it should reflect that the County "may"
purchase the property pursuant to the backup contract, and Attorney O'Brien concurred that
was a better phrase.
Mr. Cox went on to explain that this Condemnation Agreement was exclusively for
County Attorney Vitunac's and the County's concern that if a condemnation proceeding
were enacted, Lost Tree might attempt to recover attorney fees and costs and seek a different
price. He assured the Board that was not what Lost Tree was seeking. If the County wishes
to exercise its powers of condemnation to acquire the property, the price is the same as in
the FARBAR contract and they will not seek attorney fees and costs. The change from
"will" to "may" would be made.
Attorney O'Brien stated that cleared up his concern. He reminded the Board that the
linchpin is still the Resolution and the other 4 remaining items hinge on it.
Commissioner Adams asked if the clause having to do with the naming of the islands
had also been removed, and Mr. Cox stated that it was still in there.
He explained that Lost Tree was requiring that naming of the islands be part of the
language and the County's negotiating team had required that names be put in.
Commissioner Adams asked why they wanted to name the islands; she felt if the
May 26, 1998
37
F,
islands were being given, she would be delighted to have them name the islands.
Mr. Cox further stated reasons why Lost Tree Village felt the property was being
offered for sale to the County at a price lower than its real value.
Commissioner Ginn read some of the names that were in the contract for the benefit
of the public and felt that some of the names would be agreeable to her.
Commissioner Adams believed the name should be the County's choice, not theirs.
Chairman Tippin opened the public discussion and requested speakers limit their
remarks to new information and keep them brief so everyone would have an opportunity to
speak.
Ken Higgins, a resident of Cache Cay, advised that he had spoken with Chuck Bayer
recently with respect to development costs. He gave his own biographical information and
made a comprehensive presentation illustrating the costs of developing the islands versus
the profit that would be achieved when the lots are sold using different density scenarios.
His conclusion was that Lost Tree Islands, if developed, and it may take 10 years, would be
a "cash cow". He stated that Chuck Bayer told him that after today there would be no more
negotiations, that the County was "getting a bargain". Mr. Higgins did not want to see
Indian River County turned into another South Florida and emphasized that one vote means
a lot. (Mr. Higgins' written information is on file with the backup.)
Jack Grossett, City of Vero Beach Councilman, urged the Board to approve the
purchase of Lost Tree Islands.
County Attorney Vitunac reminded everyone that options to purchase the islands were
on the agenda, not the purchase. There will be a public hearing in 30 days if the options are
approved at this meeting.
Tom Trolle, 4903 Sunset Drive, spoke about the negative impact on the tax base if
there is no development on Lost Tree Island and the legal fees that will be incurred by Indian
River Shores and City of Vero Beach in defending against the lawsuits brought by Lost Tree
Village. He urged the Board to move forward with the purchase of the islands. (Mr. Trolle's
memo is on file with the backup.)
George Foote, 119 Cache Cay Drive, presented election statistics from the 1992 bond
referendum from which he concluded that mainland property owners were in favor of the
referendum. He credited the negotiating team with having done a good job and
May 26, 1998
38
accomplishing in two weeks what had not been done in six years. He offered numerous
scenarios if the islands are not purchased and felt that the $11 million price for the islands
was not inflated. He urged the Commission to approve the options today and exercise one
of them on June 30' because a delay would be disastrous. (The statistics Mr. Foote
presented in writing are on file with the backup.)
Chairman Tippin asked that speakers condense their remarks so it would not be
necessary for him to restrict their time to speak.
Carl Pease, City of Vero Beach Mayor, 1436 32' Avenue, gave history from 1990
as to Vice Chairman Macht's and his role in the planning for land use on the islands. He
hoped the Commissioners would do what they have to do to preserve the islands; the price
was good.
Jim Granse, 36 Pine Arbor Lane, favored buying the islands but not at this price
inasmuch as the only appraisal he had heard was for $5.7 million. He thought it could be a
little unconstitutional to be speaking of figures almost double the appraisal.
Art Neuberger, City of Vero Beach Councilman, 833 20' Street, advised that he was
still in favor of the purchase of the islands. He asked Mr. Cox to address his question about
the status of the lawsuit against the City of Vero Beach if the options are approved at this
meeting.
Jens Tripson, 1740 21'` Street, president of the Pelican Island Audubon Society,
wanted to clarify that the PIAS wants to see the islands purchased, but does not want to see
an exorbitant price paid for them. He offered information that the State will not allow
certain infrastructure on the island and found it hard to believe that someone would pay a
large price for a lot on which they would have to have a septic tank and generator. He
predicted the Board would be opening the door for incredible ripoff of the taxpayers if they
paid more than the appraised value for these islands. He offered copies of his information
to anyone who wished to have them.
Bud Kleckner, 7720 Indian Oaks Drive, Apt. I-203, formerly lived on the barrier
island. He pointed out that the backup material from the 1992 bond referendum said that
properties would be purchased at fair market value from willing sellers. He favored purchase
of the islands, but at a fair market value following the guidelines for purchasing
environmental lands. (Mr. Kleckner's letter is on file with the backup.)
Toni Robinson, 1111 Indian Mound Trail, urged purchase of the islands because we
cannot rely on State laws which can change. She gave an example of an island that has been
May 26, 1998
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developed without bridges. She cited many other reasons, especially environmental and
quality of life, to indicate being in favor of purchasing the islands.
Dick Baker, 695 43' Avenue, has served on the LAAC since its beginning. He
pointed out that LAAC has never discussed this particular deal and has not met for the last
month and he did not know if the committee would ever meet again. He recounted that
LAAC has leveraged the $26 million in bond issue money to nearly $50 million with cost
share buying. If almost $12 million is paid for this property and not $6 million, the County
would be not only overpaying for the property but denying the opportunity for cost sharing
at the lower appraisal figure. He questioned the hurry to do this; the County has not had an
opportunity to think about this in an educated manner. He was not in favor of the deal as
described today. He wondered if there would be any tax resolution if the property were to
sell at the prices being discussed, since the property has been assessed at $1.5 million. (Mr.
Baker's letter is on file with the backup of the meeting.)
George Blythe, 825 90' Avenue, had voted for the referendum. He thought Lost Tree
has done an excellent job on the previous developments, but he believed the County should
abstain from purchasing the islands.
Gene Winne, 2096 Windward Way, Vice President and Board member of the Civic
Association, advised that the Civic Association was very much in favor of making every
effort to purchase the islands at a reasonable price. He was looking for an explanation on
the tax break that Lost Tree Village would receive if the condemnation resolution is passed
at this meeting. He felt one of the attorneys should explain Internal Revenue Service Section
1033 and its implications.
County Attorney Vitunac believed that under threat of condemnation the property
owner does not have to declare a capital gain on the property value. They get two years to
roll it over into new property. They will not avoid the capital gain tax they have to pay
eventually when selling the replacement property.
John Lyons, 724 Shore Drive, cautioned that if we wait another five years, we may
have to pay $20 million.
Janice Broda, 9335 Frangipani Drive, speaking as President of the Florida Native
Plant Society, felt this proposed purchase would set a terrible precedent for Indian River
County and for the State. She spoke at length giving many reasons why the County should
not purchase the islands at the price being contemplated. She felt it was irresponsible and
stated the whole LAAC process had been subverted in this instance. She was not against the
May 26, 1998
O
purchase of the islands, but not at the price on the options.
Herndon Williams, 3554 Ocean Drive, a former member of the original LAAC,
seconded Ms. Broda's remarks. The purpose of the bond funds was to buy "environmentally
sensitive" land and this proposed purchase seemed to him to be re -doing the whole concept
of the LAAC. He thought no one could call these islands "environmentally sensitive" except
for the water grass and mangroves which ring the islands. He felt it was wrong.
Patricia Brown, 1740 21' Street, was a strong supporter ofthe land acquisition bonds
and brought a copy of the County's pamphlet which she had helped to write. She gave
history of the Comprehensive Plan and set aside for native habitat and vegetation. She would
like to see the islands preserved, but not at this cost. She urged the Board to "dicker" some
more.
Bill Webb, 911 Ladybug Lane, warned that the price will escalate, that the County
will not be able to buy the islands for less. He urged the Board to buy the islands.
Francis Coffee, 88 Cache Cay, gave history back to March 29, 1990 when the Board
of County Commissioners' Chairman requested a prioritized list from the municipalities for
lands to be purchased as public land. It seemed to him that the acquisition of the islands had
been talked about for many years and it was time to buy the islands or pay a lot in litigation.
Chairman Tippin declared a 7 -minute recess at 11:36 a.m. The meeting was
reconvened at 11:45 a.m. with all Commissioners and staff present. Chairman Tippin said
the Board would hear a few more speakers and asked for brevity as there were still several
other items on their agenda.
Bob Swift, 6450 Glendale Road, a member of LAAC since the early days, speaking
from his experience and as a taxpayer, understood the emotional and aesthetic desire tosee
the islands undeveloped, but that was emotional desire and not an environmental reason To
save the City of Vero Beach from a pending lawsuit is a political decision, not an
environmental decision. He credited staff with having done a marvelous job in leveraging
money through the use of State agencies. The process the Commission embarked upon in
this instance was initiated without a public notice and is completely at odds with the process
put in place for the sound and prudent expenditure of the bond funds and he strongly urged
the Board to go back to a prudent and considered expenditure for the tax dollars. He thought
a couple of things were missing from this settlement, namely, offers from the town of Indian
May 26, 1998
41
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River Shores and the City of Vero Beach to participate in the purchase.
Jay Smith, 630 Eugenia Road, reminded the Commissioners that they participated
in the Indian River Lagoon plan. The plan estimates the Lagoon is worth $700 million per
year to the six participating counties. He thought governments, municipalities, and districts
have spent well over $100 million in implementing this plan and it is not even half way
through. He estimated the final price tag would run over $500 million to accomplish
everything wanted. He asked the Board to save the Lagoon.
William Mosely, 4450 27'h Avenue, Gifford, an economist who has worked with the
Economic Development Council, felt the development of the islands was not feasible and
that the County was being "forced" to buy the property. To him, the escalated value being
considered did not seem right nor justified. It seemed to him to be a waste of taxpayer's
dollars.
Chairman Tippin closed the public discussion.
Attorney O'Brien advised that the first thing to be considered was the proposed
resolution on page 61A of their agenda packet, the resolution authorizing staff to acquire the
islands by donation, purchase, or eminent domain proceedings.
Chairman Tippin had a major problem with condemnation of the property. He asked
that Attorney O'Brien review the seller's reason for wanting this resolution.
Attorney O'Brien explained that the seller had requested this resolution of
condemnation from the County so that if the sale is effectuated, they can say they did it
under threat of condemnation and under Internal Revenue Service 1033 they have a capital
gains deferral for two years in order to reinvest the money on new property.
MOTION WAS MADE by Vice Chairman Macht, SECONDED
by Commissioner Adams, not to adopt the proposed resolution.
Under discussion, Vice Chairman Macht believed that it had not been established that
acquisition was in the best interest of the people, as stated in the third "Whereas" of the
resolution, and reiterated his opinion on the word "necessary" in the 41 "Whereas" saying
it was certainly not necessary.
Commissioner Eggert stated her greatest wish was that the islands had been
purchased when land values were depressed in 1993, 1994 and even 1995, but that was not
May 26, 1998
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done. She viewed that they were left with a pure business deal if the County wanted the
islands. She thought they should take the 30 days to review it. She felt it was folly to
believe that land values would go down and that we can "dicker". She felt it would be a
shame to lose this opportunity to purchase the islands, however, if the majority of the
Commissioners do not want it, that is the way it will be. She reminded them that by passing
what was before them, they still had 30 days to evaluate a final vote. She truly believed the
Board should purchase the islands for the future of Indian River County and she would vote
against the motion on the floor.
Chairman Tippin stated he could not go along with the condemnation nor the Warning
by Lost Tree Village if the County purchased the islands. He had reluctantly voted for the
$10.5 million, but that was bottom line in his mind. He would not mind giving another 30
days, but could not agree to condemnation.
The condemnation aspect had also bothered Commissioner Adams. She also felt the
value of that had not been negotiated. Going around the FCT also disturbed her. She had
thought that the $10.5 million was the price, but what came back was higher and stronger.
She felt it was a lose -lose deal for the County. All of the Commissioners supported
purchasing the islands, but there were too many impediments under this proposition. She
had confidence in our Comprehensive Land Use Plan and that of the State, and felt we had
to work more closely with the State. She advised that June 30' was not a good day for her
as she had scheduled a vacation for that 5' Tuesday and it would be very difficult for her to
make changes in order to be present at the meeting..
Commissioner Ginn believed that if the Board ever intends for the public to have faith
in anything they ask of them in the future, the Board should buy the islands. She referred
to a map from 1992 when she was on the City of Vero Beach Council and the islands were
part of the planned acquisitions. She quoted a statement of Commissioner Eggert's from the
brochure. They had heard pros and cons here today and she took issue with some of the
misstatements she had heard. She was very impressed with the appraisal done by Armfield
Wagner in 1993. She felt the owners of the islands had taken into consideration the price
the County paid for the Cairns property. If the Board does not move forward today with the
purchase of the islands, the islands will be lost. Because the negotiations are complex did
not mean they are illegal or immoral. She did not feel any pressure in this matter and had
taken the time to review everything. She felt this was part of a concerted effort to buy the
islands. She pointed out that the number of acres of environmental lands purchased in the
May 26, 1998
43
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various other sections of the County to emphasize the low number of acres purchased within
boundaries of the city of Vero Beach. She pointed out that the County has gone above
appraised value to purchase other property, and cited the landfill property. She urged the
Board to move forward with purchasing the islands.
Vice Chairman Macht defended the purchase of the Cairns property citing its locale,
archeological and native flora importance, as well as being already zoned for development.
He also spoke on the price paid for the Prang Islands. He believed that negotiations on the
(Lost Tree) islands would not be stopped by a negative vote at this meeting. He felt the
State still had the ability to continue negotiations and there could be other appraisals at a
future date. He also thought that negotiations on the islands could continue under the aegis
of the LAAC, but he did not want to gut the land acquisition funds nor pay more than the
appraised value.
Commissioner Ginn defended the value of the islands because they are riverfront
property. She read a quote of Ed Eckstein regarding the recreational potential of the islands.
She termed the purchase of the islands as being win-win and feared if stopped today, we will
not have another opportunity to buy them.
Chairman Tippin objected to having been put in a box with the required condemnation
resolution.
Commissioner Ginn argued without success that this is "friendly condemnation".
County Attorney Vitunac explained that the County has been put in a box by Lost Tree with
this condemnation issue. The reason he called Lost Tree on Friday was to let them know that
his sense of the Board was that condemnation would not pass, that they were foredooming
this whole procedure by requiring condemnation. He thought that just because they were in
a box, did not mean that they had to live within those rules. They would still have the option
of proceeding with the option agreements and putting the ball back in Lost Tree's court.
They cannot bind the offers that we may make back to them.
The Chairman CALLED THE QUESTION and the motion
carried 3-2 (Commissioners Eggert and Ginn opposed).
(Condemnation resolution NOT adopted)
May 26, 1998
•
C
MOTION WAS MADE by Commissioner Ginn, SECONDED
BY Commissioner Eggert, to move ahead with both the options
(FCT and FARBAR) and present them to Lost Tree Village, and
that any naming of the islands would be subject to Board of
County Commissioners' approval.*
County Attorney Vitunac recommended against having the hearing on the 3 0`h of June,
and suggested having it on a convenient day, 30 days plus from a reply from Lost Tree
Village that they are willing to sell under those circumstances, if they are.
There was brief discussion about the date and there was consensus that all five
Commissioners should be present.
Commissioner Adams could not support the option agreement with the requirement
about the naming of the islands, Commissioners.Eggert and Ginn both agreed that the naming
requirement (by Lost Tree Village) be removed and made part of the motion. *
County Attorney Vitunac counseled that if this is a counter-offer, they can take out
anything they did not like.
price.
If the Board was sending an offer back, Commissioner Adams wanted to talk about
Commissioner Eggert thought the Board had no chance of seeing a lower price for the
islands. If they wanted to purchase the islands, they needed to pay the price.
Vice Chairman Macht thought that while the general public favored purchasing the
islands, they did not want to purchase them at a high price.
Commissioner Ginn thought there had been a lot of damage done through speech and
that no action were taken today, the islands would be lost to them forever.
County Attorney Vitunac clarified that what is on the agenda are two options which
are being withdrawn by the seller if the condemnation resolution is not adopted. The
discussion now is not the execution of options, but a counteroffer to Lost Tree and they
would have to take some action to validate the option. They may not accept the counteroffer;
it may be a dead issue. But the only way to keep it alive, if they want to keep it alive, is to
make a counteroffer with the options before them minus the eminent domain issue. They
could change anything they wanted. He suggested they take the two separately, since the
FCT takes 4 votes to approve and the FARBAR takes 3 votes to approve.
May 26, 1998
45
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r r �,
I
MOTION WIT DRAWN by Commissioner Ginn.
MOTION WAS MADE by Commissioner Ginn, SECONDED
BY Commissioner Eggert, to present as a counteroffer to Lost
Tree Village the two option agreements (FCT and FARBAR),
at the same price and under the same terms, but without the
condemnation resolution and without the language having to do
with the naming of the islands.
County Attorney Vitunac believed that the FCT option, because it exceeds the
appraised value, will require a super majority vote. He clarified that this would be a
counteroffer to Lost Tree and if they accept it, it would be an option contract and would have
to go to public hearing.
Assistant County Attorney Terrence P. O'Brien thought that the super majority vote
would be required at the exercise of the option or at the contract stage.
Attorney Cox understood that the options being proposed also included the removal
of the reverter clause in the FARBAR contract. If he leaves the meeting today without an
option agreement signed by the County, he believed there would be no further activity
because he has a hearing starting Monday that will go forward. He did not know whether
either option contract without the condemnation would be acceptable to his client. He did
know that if there is a counteroffer coming from this meeting that requires additional time
to discuss, there will be no acceptance. He confirmed there was no reverter clause in either
option.
After reviewing the backup, County Attorney Vitunac counseled all that is needed for
each option is 3 affirmative votes. A public hearing would be scheduled 30 days after Lost
Tree accepts them, if they do, then they will have the option to buy the islands or not. If the
agreement is signed, then everyone will see the "secret" appraisal.
Commissioner Ginn RESTATED her motion to counter the FCT
option as written with the removal of the condemnation, the list
of names (for the islands suggested by Lost Tree Village) be
removed, and the name will be approved by the Board of
County Commissioners. Commissioner Eggert SECONDED.
May 26, 1998
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The Chairman called the QUESTION, and the motion failed 3-2
(Commissioners Adams, Macht and Tippin opposed).
MOTION WAS MADE by Vice Chairman Ginn, SECONDED
BY Commissioner Eggert, to move ahead with the FARBAR
option as written removing the same problem areas as in the
above FCT motion.
The Chairman called the QUESTION, and the motion failed 3-
2 (Commissioners Adams, Macht and Tippin opposed).
MOTION WAS MADE by Vice Chairman Macht, SECONDED
BY Commissioner Adams, for a standard offer identical to past
offers for acquisition of environmental properties, in order to
avoid requiring a super majority vote and in order to take
advantage of offered FCT funds, to offer Lost Tree Village $7.1
million for the purchase of the islands.
Under discussion, Commissioner Adams thought that the County ought not to be in
the business of making these offers but rather let FCT finish this out.
Vice Chairman Macht suggested he could change the motion to recommend to FCT
that they increase the offer to that amount.
Commissioner Ginn thought that FCT was too removed from Indian River County to
understand the strong desire of the locals to purchase these islands. She was very
disappointed in how things had moved on this matter.
Commissioner Eggert thought they should determine whether FCT would make this
offer, because it was her understanding they would not make an offer for anything above the
appraisal.
Environmental Planning & Code Enforcement Chief Roland M. DeBlois thought that
FCT would increase their match by a special vote up to 110°/% in other words 10% above the
appraised value. Anything above that would be absorbed by the County.
May 26, 1998
47
I
Commissioner Adams stated that if there is a deadline, there are other opportunities
for funding, such as through the Nature Conservancy and others, who might consider being
interim purchasers while things are finalized through State or local acquisition. Also, that
allows very creative financing arrangements which shrewdly gives breaks and help in other
areas. Large acquisitions have been successfully worked out all over the state. She would
be comfortable in deferring the matter to work with those folks in bringing this to a positive
conclusion for everyone involved. Everyone agrees that the islands should be purchased,
there were just the questions of "when" and "how much", which still remain.
Vice Chairman Macht thought that if we are going to get back on regular track, we
really ought to process this through the LAAC.
Commissioner Ginn pointed out that six years had passed and nothing had been done.
She then asked if this was the only way to keep negotiations open.
Robert Sechen, City Attorney for City of Vero Beach, understood that the Board was
removing the $10.5 million offer and going back to a $7.1 million offer. He cautioned that
the City would begin answering complaints and getting into hearings beginning Monday.
table.
Commissioner Adams confirmed that the $10.5 million offer had been taken off the
Vice Chairman Macht stated that the $7.1 million lies within 10% of the appraised
value and could be passed by a simple majority of the Board, rather than a super majority.
The Chairman CALLED THE QUESTION and the motion
passed unanimously.
Attorney O'Brien stated the contract (the purchase stage) would still require a super
majority because it will exceed the average of the two appraisals.
Attorney Cox came forward to say that the $7.1 million would not be accepted by his
client, and Commissioner Ginn suggested he could come back with a counteroffer.
Chairman Tippin asked those who were leaving to please leave quietly.
(Clerk's Note: Several handouts were presented at the meeting
which have been placed with the backup materials for the
meeting in the office of the Clerk to the Board.)
May 26, 1998
48
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9.B.2. PUBLIC DISCUSSION ITEM - RESOLUTION
ESTABLISHING INTENT TO REIMBURSE PROJECT COST
INCURRED WITH A FUTURE TAX EXEMPT FINANCING (BOND
ISSUE
The Board reviewed a Memorandum of May 20,4998:
TO: Members of the Board
of County Commissioners
DATE: May 20, 1998
SUBJECT: RESOLUTION ESTABLISHING THE INTENT TO REIMBURSE PROJECT
COST INCURRED WITH A FUTURE TAX EXEMPT FINANCING
OMB AGENDA ITEM
FROM: Joseph A Bair
OMB Director
DESCRIPTION AND CONDITIONS
Indian River County is contemplating issuing the remaining $11,000,000 General Obligation Bond
for the purchase of environmentally sensitive land. If Indian River County wishes to utilize bond
funds to reimburse themselves for the costs they incur prior to the bond issue, they must pass a
resolution outlining their intent. The attached resolution allows Indian River County to reimburse
itself for land acquisition costs that occurred prior to the bond issue.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached resolution.
Budget Director Joseph A. Baird recommended that this item be delayed.
ON MOTION by Commissioner Eggert, SECONDED BY
Commissioner Adams, the Board unanimously delayed this
item, as recommended by staff.
9.B.3. GLENN LEGWEYS REQUEST TO DISCUSS CHILDREN'S
SERVICES NETWORK BUDGETING PROCESS
The Board reviewed a Letter of May 10, 1998:
May 26,1998
49
,
Glenn Legwen's
Acaddemix Nursery Aca,
5900 5th St. SW
Vero Beach, Florida 32968
(561)778-7791
C�On F�1Gt U&
May 10, 1998
Mr. James Chandler & County Commissioners of Indian River County
1840 25th Street
Vero Beach, Florida 32960
Subject: Children Services Network Budgeting process.
Dear Mr. Chandler,
Thank you for your rapid response to my letter dated May 7th. Can we move the issue
to the following week's agenda which will be Mayh.
Z(O � ;%%
There are some additional items I would like to bring before the public and the
commission regarding our very unusual method of recommending financing. In the past, all
request for financing have passed through Mr. Joe Baird, the Finance Director. We have
deviated from this policy. Mr. Baird should have a chance to review all requests for money to
alert you of any inconsistencies. I feel more comfortable knowing the request have come
through him first. He must have been alerted to the CCCR incident where money was being
embezzled by Ms. Nancy Retzer. He had the good sense to have Mr. Cotherman, the
Treasurer of CCCR, sign all disbursement documents.
Why did we deviate from current policy and have applicants interested in receiving
county money send their request through Mrs. Joyce Johnston instead of Joe Baird? Mrs
Johnston is the director of Human Services.
Members of the public were put on notice that there would be a meeting of the
Children Services Network sub -committee Tuesday May 5th. at 6:00 P.M. I was in attendance
and so was another woman on that particular evening. The weather was terrible. Hail the
size of golf balls was coming down in Fellsmere. There was a heavy downpour at the
Administration office. The woman called in advance to determine if there would be a
meeting on that particular evening and she was told that there would be. I asked Alice who
was working late at about five forty five if there was going to be a meeting and she told me,
"If it was posted they should have a meeting." There was no meeting!
Thursday May 7th when the meeting of the sub -committee did take place everyone on
the sub -committee had evidently been given thirteen packets to review. Four members of the
public, including the press, asked to review a set of these documents while the subcommittee
was approving or disapproving them and we were told to come to Mrs. Johnston office to see
them.
Mr. Chandler, I know you are excellent with figures and I know this is a strength of
your administrative skills. Every action the Children Services Network takes is under intense
scrutiny. Particularly after some of the incident which have occurred over the past two years.
INRIVCO where staff failed to follow up on who was in charge of the program. The firing of
Assistant Utilities Director, Jack Byrne, on trumped up charges. Mr. Pinto's untimely
resignation a month later leaving the county without a Utility Director for five months.
May 26, 1998
WX
The Children's Services Network is not a county department. It is being staffed by a
Mrs. Johnston who volunteered to act as director. Her job is handling welfare applicants.
The chairman of the sub -committee, Mr.Polackwich, a lawyer, has failed on several occasions to
notify the members of his committee that they are bound by the Sunshine law. They should
be aware any discussion that takes place between them outside of the meeting room is
forbidden.
Sincerely yours,
1�, 'V, , L9.W-4q�
lenn W. Legwen
Mr. Legwen presented copies of several letters to the Commissioners. (Copies have
been filed with the back-up of the meeting.)
Commissioner Eggert asked for Mr. Legwen's forgiveness and stated that she had to
go to the doctor, so she might have to leave during his presentation.
Mr. Legwen complained that a scheduled CSN meeting was canceled and those in
attendance were told 15 minutes before it was to begin. In his handouts was a letter of
March 10, 1998 from Budget Director Joseph A. Baird concerning his. request for
information on petitioning for funds from the CSN. Director Baird responded listing the
documents required for funding applications. He also had given the Board a copy of the
signatures of 4 attendees of a CSN meeting (dated May 20, 1998) opposing the Chairman's
failure to permit the public to ask questions of the applicants. He also included a copy of the
CSN Grant Revenue Committee's minutes from the meeting of May 7, 1998. He foresaw
a dangerous precedent being set. For the previous number of years, agencies requesting
monies have come before the Board of County Commissioners to ask for funds. These
requests have always been passed through the Budget Office so that the Budget Director
would be able to advise the Board. For some reason, the CSN process is not through the
Budget Office, but through the office of Ms. Joyce Johnston -Carlson, Human Services
Department Director. He questioned the knowledge of Ms. Johnston -Carlson regarding
finances and asked why these requests were bypassing the Budget Office.
(CLERK'S NOTE: Commissioner Eggert left the meeting at 12:53 p.m.)
May 26, 1998
51
60;x., _0 � PAGE Uv
Responding to the question, Vice Chairman Macht explained the requests were going
to the Human Services Department for evaluation of the quality and the necessity of the
services and were in concert with Director Baird for the fiscal input. The information will
be presented to the Board of County Commissioners at budget time at which time the public
and applicants all shall have the opportunity to speak. The Commission has the option to
accept or reject.
Mr. Legwen asked that the entire Commission affirm Vice Chairman Macht's
remarks. He felt the public has a right to speak at the Committee's meetings. He pointed out
that these meetings are not televised as are the Board of County Commissioners' meetings,
therefore, the public cannot be aware of the meetings unless they are in attendance or read
the minutes. In his opinion, the minutes probably will not reflect that the public was not
permitted to ask questions on May 20'h. He has not been able to get a copy of those minutes
as they are not ready yet.
Vice Chairman Macht defended the Chairman's position as there was a long agenda
and many people to interview, and the Chairman felt it was better to confine questions to
the committee members. There was nothing to prevent Mr. Legwen from meeting
individually to make the inquiries after the meeting.
Mr. Legwen then complained that the press was not in attendance, and Vice Chairman
Macht responded that the County cannot require the press to be there.
Mr. Legwen understood but added that when the meetings are posted and scheduled
for Tuesdays and then changed to Thursdays, it is very difficult for anyone, press or public,
to be able to plan to attend. He reiterated that this process has side-stepped going through
Budget Director Baird, whose position it is to be able to evaluate and render an opinion to
the Board on the funding requests. He thought it would be fine to have the requests go
through Director Baird's office first and then to the committee. In the past, he had been able
to obtain copies of information from the Budget Office, but was unable to get any copies or
any extra packets for public review. He thought that the policy of not having the
information available before the meeting, only after the meeting at 15 cents per page, was
wrong. He thought the Commissioners should have some control over the monies being
handed out and should use the office of Budget to assist.
Commissioner Ginn commented that she had voted against the CSN because of her
fear that a sub -committee consisting of as few as three people would be making the
recommendations on who would receive the money and those would be the only
May 26, 1998
52
0 41
recommendations to the Board of County Commissioners. She felt it put too much power
in too few hands and opened the door for special interest groups. She has further problems
with the way things are proceeding with the CSN which she will put in a memo to the
Commissioners. She did not know why the process did not include the extra protection of
going through the Budget Office.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS - NOTICES OF PUBLIC HEARINGS
9. C.1. Amendment to Handicapped Parking Regulations
Chairman Tippin read the following memorandum of May 14, 1998 into the record:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorneyo-
DATE: May 14, 1998
SUBJECT: Amendment to Handicap Parking Regulations
The Florida Legislature has recently amended the statutes governing handicap parking.
Section 316.1955(5)(c), F.S., prohibits parking in an access aisle. Section316.1955(7),
F.S., prohibits parking a vehicle in a disabled parking space unless the vehicle displays a
disabled parking permit and the vehicle is actually transporting the person to whom
the permit was issued.
The proposed ordinance incorporates these changes so as to allow local enforcement.
A public hearing date of June 9, 1998 is recommended.
NO ACTION REQUIRED OR TAKEN.
9.C.2. Clarification o theAgriculturalExemption to theBuilding
Code (Amendment to Sea 401.14 of the Code,
Chairman Tippin read the following memorandum dated May 13, 1998 into the
record:
May 26, 1998
53
TO: Board of County Commissioners
FROM: Terrence P. 0Brien, Assistant County Attorney
DATE: May 13, 1998
RE: Proposed Ordinance Amending Section 401.14, IRC Code to Clarify
the Agricultural Exemption to the Building Code
This item was requested by the Building Official and Code Enforcement Officers
to clarify the Code with respect to the agricultural exemption to the building
code.
A public hearing date of June 9, 1998 is suggested.
NO ACTION REQUIRED OR TAKEN.
9. C.3. Consider Special Exception Use and Conceptual PD
Plan/Plat Approval - Club at Vero a84 Unit Elderly A for gable
Apartment Complex Located on S. Side of SR 60, E. of Lake -in -the -
9 -G4 -
Lake -in -the -
9.C.4. Consider Rezoning to Allow a Se ffervice Storage FacilitX
as a Permitted Use on S. Side of SR 60 E. of the Ethan Allen
Furniture Store
Chairman Tippin read the following memorandum dated May 20, 1998 into the
record:
May 26, 1998
54
0 46
TO: James E. Chandler
County Administrator
D SION HEAD CONCURRENCE:
Robert M. Keating, A4CP
Community Development D' for
A. ig.
THROUGH: Stan Boling, AICP
Planning Director
FROM: John McCoy, AICP / ) A
Senior Planner, Current Development
DATE: May 20, 1998
SUBJECT: Notice of Scheduled Public Hearing
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of May 26, 1998.
Please be advised that the Planning Division has scheduled the following public hearings:
1. Public Hearing for June 9,1998: request for the Board of County Commissioners to consider
special exception use and conceptual PD plan/plat approval for the Club at Vero, a 184 unit
elderly affordable apartment complex. The subject site is located on the south side of SR
60 immediately east of Lake -in -the -Woods.
2. Public Hearing for June 9,1998: request for the Board of County Commissioners to consider
a rezoning from CG (General Commercial) to PD to allow a self service storage facility as
a permitted use. The subject property is located on the south side of SR 60 east of the Ethan
Allen furniture store.
RECOMMENDATION:
The above referenced public hearing date is provided for the Board of County Commissioners
information. No action is needed.
NO ACTION REQUIRED OR TAKEN.
May 26,1998
55
ir1GC UiJea+
11A RENEWAL OF "_CLASS E1" EMERGENCY
TRANSPORTATION CERTIFICATES - FLORIDA BAPTIST
RETIREMENT CENTER, HEALTHSOUTH TREASURE COAST
REHABILITATION HOSPITALiAND ACTS/INDIAN RIVER ESTATES
The Board reviewed a Memorandum of May 18, 1998:
TO: Honorable Board of County Commissioners
THROUGH:" Doug Wright, Director _tA
Department of Emergency Services
FROM: Jim Judge, EMS Chief
Division of Emergency Medical Services
DATE: May 18, 1998
SUBJECT: Approval of Renewal of "Class El" Certificate of Public
Convenience and Necessity to provide Wheelchair Transportation -
Florida Baptist Retirement Center, HealthSouth Treasure Coast
Rehabilitation Hospital, and ACTS/Indian River Estates
It is respectfully requested the information contained herein be given formal consideration
by the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS
On August 31, 1995, during the regular meeting of the Transportation Disadvantaged Local
Coordinating Board, the Board voted to recommend to the County Commission that an
ordinance be adopted to require a Certificate of Public Convenience and Necessity (COPCN)
for the regulation of non -emergency medical (ambulatory) transportation and wheelchair
services.
On Tuesday, September 19, 1995, the Indian River County Board of County Commissioners
approved regulations governing wheelchair services as outlined in Indian River County Code
Chapter 304, Life Support and Wheelchair services. The Providers who were currently under
contract with the Transportation Coordinator completed the applications and were awarded
two year certificates on June 11, 1996.
Section 304.14 of the Indian River County Code of Laws and Ordinances provides, in part,
...Any person who provides wheelchair vehicle services where said services are not paid for
in part or in whole either directly or indirectly with government funds shall be required to
have a calls "EI " certificate.
Certificates of Public Convenience and Necessity for a Class "E1" certificate issued on June
11, 1996, will expire on June 11, 1998. The Indian River County Code provides for routine
renewal of Certificates of Public Convenience and Necessity on application by the certificate
May 26, 1998
56
holders. This can be accomplished without a public hearing if the Board has no reason to
believe that the public health, safety, and welfare require it. Staff submits that there is no
reason to hold a public hearing and absent that requirement, requests the Board issue and
renew the certificates routinely.
The following is a list of Providers who have submitted completed applications, are under
contract with the Transportation Coordinator, or provide private pay service only (no
governmental billing authorized). Each of these providers has also undergone an inspection
of vehicles, facilities and records.
ALTERNATIVES AND ANALYSIS
The following Providers have submitted completed applications for renewal of their "Class
E1" Certificates of Public Convenience and Necessity:
Greg Warnick
Florida Baptist Retirement Center
P.O. Box 460
Vero Beach, FL 32961
Denise McGrath
HealthSouth Treasure Coast Rehabilitation Hospital
1600 37th Street
Vero Beach, FL 32960
Joyce Keeler
ACTS/Indian River Estates
2250 Indian Creek Blvd., West
Vero Beach, FL 32966
RECOIVEWENDATION
Staff recommends the Board approve the renewal of the "Class E1" Certificates of Public
Convenience and Necessity for the above entities to provide wheelchair transportation
services for two years pursuant to Chapter 304 of the Indian River County Code of Laws and
Ordinances.
ATTACHMENTS:
Copies of the Applications are located in the BCC Office for review.
May 26, 1998
57
E0owk 00 5 F,iGE l)vi
ON MOTION by Commissioner Macht, SECONDED BY
Commissioner Adams, the Board unanimously approved the
renewal of the "Class E1" Certificates of Public Convenience
and Necessity for Florida Baptist Retirement Center,
HealthSouth Treasure Coast Rehabilitation Hospital, and
ACTS/Indian River Estates to provide wheelchair transportation
services for two years pursuant to Chapter 30 of the Indian
River County Code of Laws and Ordinances, as recommended
in the Memorandum. (4-0, Commissioner Eggert absent)
11.C. NEW COUNTY ADMINISTRATION BUILDING
CONSULTANT - PHASE I - APPROVE CONTRACT WITH SPILLIS-
CANDELA & PARTNERS (SCP)
General Services Director H.T. "Sonny" Dean reviewed a Memorandum of May 13,
1998:
Date: May 13, 1998
To: Honorable Board of County Commissioners
Thru: James E. Chandler
County Administrator
From: H.T. "Sonny" Dean, Director
Department of General Services
Subject: New County Administration Building Consultant - Phase I
BACKGROUND:
On April 21, 1998, the Board authorized staff to proceed with negotiating a contract with the prioritized
short list of firms in accordance with Florida Statutes. The firms are:
1. Spillis-Candela & Partners (SCP)
2. Schwab, Twitty & Hanser Architects (STH)
3. Hunton-Brady-Pryor-Masco Architects (BBPM)
Staff has reached a tentative agreement with the number one ranked firm, Spillis-Candela & Partners. The
contract calls for them to perform Master Planning Programming a facility that will meet the needs of the
County. The consultant will also provide an estimated line item budget for the entire project as part of the
scope of work SCP will be compensated on an hourly basis at a price not exceed $75,000 plus approved
expenses not to exceed $5,000. The contract will not include any expenses for travel during this phase of
the scheduled work
May 26, 1998
•
58
41
•
•
There will be three more phases of this project, Design, Bidding, and Construction Administration. A
contract will be brought back to the Board prior to initiating the next phase of work.
RECOMMENDATION:
Staff recommends approval of the attached contract and authorization for their Chairman to execute the
applicable documents.
In response to Commissioner Adams, Director Dean advised that Spillis-Candela &
Partners will be doing the master planning and programming for the new County
Administration Building by looking at the proposed site, revisiting the space needs to
ascertain required footage, and developing a line -item budget, all of which will be brought
to the Board of County Commissioners, hopefully, by the first of September for
consideration of whether to move forward or not to Phase Il of the project.
Vice Chairman Macht reminded the Board that the original direction to staff was that
any building should be very functional, no marble, no walnut, or such. He wanted their
marching orders to be that they design "a very plain, very serviceable, very easy to maintain,
very easy to air-condition and heat" building.
Commissioner Adams and Commissioner Ginn objected to having a building that
looks like a big box.
Commissioner Ginn thought that civic buildings needed to reflect civic pride, just as
our parks do. She believed a good planner could make the building look attractive and
functional, not so bare bones.
ON MOTION by Commissioner Macht, SECONDED BY
Commissioner Ginn, the Board unanimously approved the
proposed contract with Spillis-Candela & Partners and
authorized the Chairman to execute the applicable documents,
as recommended by staff in the Memorandum. (4-0,
Commissioner Eggert absent)
AGREEMENT, BILLING RATE SHEET, AND RFQ IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 26,1998
59
I
HOW,
11.D. GOLF CARTS SOLE BRAND DECLARATION - CLUB CAR
This item was deleted by the County Administrator.
11.E. TOURIST DEVELOPMENT COUNCIL - FY 1998-99
BUDGET RECOMMENDATION
The Board reviewed a Memorandum of May 19, 1998:
TO: Members of the Board
of County Commissioners
DATE: May 19, 1998
SUBJECT: TOURIST DEVELOPMENT COUNCIL
1998/99 BUDGET RECOMMENDATION - OMB AGENDA ITEM
CORRECTION
FROM: Joseph A. B- d
OMB Directo
DESCRIPTION AND CONDITIONS
On May 18, 1999, the Tourist Development Council reviewed budget requests for fiscal year 1998/99
to be paid from Tourist Tax revenue. The Council's recommendations are listed below:
Organization
1997/98
Funding
1998/99
Request
1998/99
T.D.C.
Recommendation
Center for the Arts, Inc.
$4,890
$8,650
$5,000
Cultural Council of Indian River County
$52,424
$31,675
$25,675
Indian River County Chamber of Commerce
$308,442
$337,301
$341,301
Indian River County Historical Society, Inc.
$30,000
$8,100
$6,750
Multi -Agency Request (Tourist Study)
$0
$50,000
$50,000
Sebastian River Area Chamber of Commerce*
$0
$31,030
$0
Vero Heritage, Inc.
$0
$13,000
$8,150
Beach Restoration (Offshore PEP Reef)
$389,500
$418,000
$418,000
TOTAL
$785,256
$897,756
$854,876
*IRC Chamber of Commerce included $7,392 for FY 1997/98 and $14,000 for FY 1998/99 for the Sebastian River Area
Chamber of Commerce.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the amounts recommended by
the Tourist Development Council.
May 26,1998
40 s
Chairman Tippin reported that the TDC had a peaceful three-hour meeting and
everyone was cooperative trying to find ways in their own budgets to make reductions.
Vice Chairman Macht wondered why the County could not give the applicants what
they asked for because he knew the funds were there, and Budget Director Joseph A. Baird
confirmed that there is a reserve in the account.
MOTION WAS MADE by Commissioner Adams, SECONDED
BY Commissioner Ginn, to approve staff s recommendation
(approve the amounts recommended by the Tourist
Development Council).
Bob Johnson, 39' Court SW, had been present at the TDC meeting and stated that
the majority of the applicants' requirements did not meet State Statutes and that was the
reason for partial funding. He felt that if the Board approved the full amounts, there would
be a violation of State Statutes.
Director Baird stated there were actually varying reasons for not approving the
different requests. He offered to go through each one, and the Chairman thought it was not
necessary.
Commissioner Ginn agreed and Commissioner Adams called for the question.
Vice Chairman Macht asserted that the tourist tax was approved to distribute to
organizations who could bring tourism to the county; he felt the County needed to distribute
the funds. He presumed the applicants asked for what they need, not necessarily what they
want, so why just arbitrarily chop them down.
Chairman Tippin took exception to the word arbitrarily, because for three and a half
hours nothing was arbitrary. Nine of the 10 members of the TDC were present and he felt
they did a good job.
The Chairman CALLED THE QUESTION and the motion
passed unanimously. (4-0, Commissioner Eggert absent)
11.G.1. 66TH AVENUE RIGHT-OF-WAY ACQUISITION -
PETERSON'S GROVE PARCEL
The Board reviewed a Memorandum of May 18, 1998:
May 26, 1998
61
U
TO: James E. Chandler,
County Administrator
TEROIIORs James W. Davis, P.E.,
Public Works Director
FROM: Donald G. Finney,
County Right of Way Agent
SUBJECT: 66t" Avenue Right of Way Acquisitions
Petersons Grove Parcel
DATE: May 18, 1998
Twenty five feet of additional right-of-way is required on the west
side of 66"x' Avenue, north of 33rd Street for the shoulder
stabilization and to separate the grove drainage from the road
drainage system.
The property owners have executed a contract at the appraised value
of $16,000 per acre for land($11,840)and $6,800 for citrus trees
that have to be removed in the Temporary Construction Easement.
The contract price is $18,640 for the .74 acre 25, wide x 1289.21
parcel. The Public Works staff and Road and Bridge Division agrees
to and considers the terms of the addendum reasonable.
Staff requests the Board of County Commissioners approve the
$18,640 purchase and authorize the Chairman to execute the
contract.
Funding to be from Sales Tax 315-214-541-066.12.
Contract, two originals with addendum
Map of Parcel and Area
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously approved (4-0,
Commissioner Eggert absent) the $18,640 purchase from Fred
H. Peterson and Edward P. Peterson and authorized the
Chairman to execute the contract, as recommended in the
memorandum.
May 26, 1998
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
62
11.G.2. TRAFFIC SIGNALIZATION PLANS FOR: 1) OSLO ROAD
AT 27TH AVENUE: 2) BARBER STREET AT US#1: 3) VISTA ROYALE
BOULEVARD AT US#1 - FLORIDA DATABASE SYSTEMS. INC.
"SII
The Board reviewed a Memorandum of May 1, 1998:
aaaaantaanaaaaaaaaaaaaisHaaaaaaa6aaaaaaoameaaaaaaaaaaaoaaaaaaanaaaa
TO: James E. Chandler
County Administrator
THRU: James W. Davis, P.E.
Public Works Director
FROM: Christopher R. Mora, P.E. Com.,
County Traffic Engineer
SUBJECT: Traffic Signal, Pavement Marking and Signing Plans For:
1. Oslo Road and 27th Avenue
Traffic Sianalization Plans For:
2. Barber Street and U.S. 1
3. Vista Royale Boulevard and U.S. 1
DATE: May 1, 1998
aaaaaaaaaaaaaaaaoaaaaaaaaaaaaaaaaaaaaaomaaaaamaaaaaaamaaaaaaaaaaa
DESCRIPTION AND CONDITIONS
The County Public Works Department is committed, via developer
agreement, to design and construct intersection improvements at the
intersection of Oslo Road and 27th Avenue. These improvements must
be completed by January 1, 1999.
Given the tight design and construction schedule, County staff
decided to outsource the preparation of the required traffic
signalization, pavement markings and signing plans. The County
received quotes from two consultant firms. The lowest quote was
proposed by Florida Database Systems, Inc. (FDSI), in the amount of
$9,440 (signal plan a $6,260; striping/ signing plan a $3,180). FDSI
has prepared signalization, pavement markings and signing plans for
the County in the past and is familiar with the County's plans
preparation procedures.
In addition, the County is in need of signalization plans for the
intersections of Barber Street & U.S. 1 and Vista Royale Boulevard
& U.S. 1. FDSI has agreed to extend their price proposal to
include the two additional intergections.
ALTERNATIVES AND ANALYSIS
The alternatives are as follows:
Alternative No. 1
Authorize County staff to issue a purchase order to FDSI to proceed
with the traffic plans preparation for all three intersections.
Alternative No. 2
Deny FDSI's proposal and cancel the projects.
RECOMMMATIONS AND FUNDING
Staff recommends Alternative No. 1 - issuance of a purchase order
to FDSI for the traffic plans preparation for all three
intersections. Funding is from the following account numbers:
1. Oslo Road and 27th Avenue - $9,440 . . . 109-214-541-067.75
2. Barber Street and U.S. 1 - $6,260 . . . 101-153-541-066.51
3. Vista Royale Blvd & U.S. 1 - $6,260 . . . 109-214-541-067.75
May 26, 1998
:M
I
r:
El00'k
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously (4-0,
Commissioner Eggert absent) authorized staff to issue a
purchase order to Florida Database Systems, Inc. (FDSI) to
proceed with the traffic plans preparation for all three
intersections, as recommended in the Memorandum.
11.H.1. MARTIN AVENUE SEWER MAIN EXTENSION
SELECTION OF CONSTRUCTION ALTERNATIVES - U.S.
FILTER/DAVIS METER - DRIVEWAYS, INC.
The Board reviewed a Memorandum of May 14, 1998:
DATE:
May 14, 1998
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: DONALD R. HUBBS, P.E.
DIRECTOR OF UTILITY SI S
PREPARED MICHAEL C. HOTCHKISS, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: MARTIN AVENUE SEWER MAIN EXTENSION
SELECTION OF CONSTRUCTION ALTERNATIVES
INDIAN RIVER COUNTY PROJECT NO. US -97 -01 -CS
WIP NO. 472-000-169-320.00
BACKGROUND
On January 15, 1997 The Board of County Commissioners (BCC)
approved a developer's agreement to construct the first phase of a
wastewater collection system between U.S. Highway 1 and the Indian
River, north of Cleveland Street up to Washington Street in
Sebastian (see attached copy of meeting minutes). Construction of
the project is now complete and the system has been cleared by the
Florida Department of Environmental Protection (FDEP) to accept
sewage.
On January 20, 1998, the Board of County Commissioners (BCC)
approved staff to proceed with engineering, design, permitting and
bid of the above -referenced project (see attached copy of meeting
minutes). Only one bid was submitted on April 8, 1998 by
Driveways, Inc. in the amount of $65,493.00(see attached bid
proposal). However, after further evaluation of the site, the
contractor expressed concern that construction of the gravity line
could result in extensive change orders that would drive project
costs above the estimated $92,400.00.
May 26, 1998
64
C
1
Several other contractors who considered bidding the project
determined that construction of the gravity line was not feasible,
and if attempted could result in property damage to adjacent
landowners and impose on vehicular access to public roads for
several weeks. The main factor contributing to the hardship
condition is the limited space with which to construct the gravity
system. The gravity line will have to be constructed witr.in a 16 -
foot wide utility easement, five feet away from an existing 6"
water main located in the center of the easement. There are
several existing structures and landscape features located at the
edge of the easement. With an average depth of eight feet and a
maximum depth of, twelve feet, the trench will encroach into the
structures and the water main resulting in possible undermining of
and damage to private and County property.
To prevent these problems, staff has explored a less intensive
alternate design utilizing a low-pressure force main system. The
force main system can be constructed quicker and more
economically, due to the relatively shallow ditches and smaller
diameter pipe involved in the installation. With a low-pressure
force main system, each commercial property that connects will
have to construct a private pump station. The proposed design has
been reviewed with the Environmental Health Department and they
are in concurrence.
On September 21, 1993, the -Board of County Commissioners approved
the award of the Labor Contract (Bid No. 4007) to Driveways, Inc.
(See attached meeting minutes for contract renewal). Due to the
lower construction cost and impact of the alternate design on the
surrounding area, staff is recommending that the Board of County
Commissioners reject the bid proposed by Driveways, Inc. to
construct the gravity line and authorize Driveways, Inc. to
construct the low-pressure force main through the labor contract.
ANALYSIS
The proposed force main will serve the same area as the gravity
sewer system. The total estimated cost to construct the force
main is as follows (see attached cost estimates):
Labor Contract $16,367.66
10% Labor Contingency $1,636.77
Material $21,444.44
Engineering, Inspection and Permitting $3,400.00
Total Project Cost $42,848.87
In accordance with the approved developer's agreement, Mr.
Phillipson will be required to contribute to the cost according to
the estimated proportionate use of the system as follows (see
attached cost sharing analysis):
Equivalent
Building
Area
(square feet)
May 26, 1998
Phase 1 & 2
Liftstation
307,500
Phase 2A
Coll. Syst.
81,151
65
Phillipson
11,892
I
Project $90,120.00 $42,848.87 ---------
Cost
Phillipson's 3.875 14.65% ---------
Share
Phillipson's $3,487.64 $6,277.36 Total -$9,764.72
Cost
Note that an extra parcel was identified to share in the "Phase
2A" collection system from the original attached agenda item
reviewed by the BCC on January 20, 1998, resulting in an
additional 17,511 square feet. Typically, a private lift station
will cost each property owner approximately $6,000.00 to
construct. With a low-pressure force main system, Mr. Phillipson's
cost would decrease from $20,757.20 to $15,764.72, equating to a
$4,992.48 savings.
The remaining $36,571.51 of the "Phase 2A" collection system
funded by the County will be recovered as new customers connect,
based on their hydraulic share (for details see attached cost
sharing analysis). The "Phase 2A" collection system project will
be financed from the impact fee fund (Account No. 472-000-169-
312.00). Mr. Phillipson has financed $32,968.00 in impact fees to
reserve water and sewer capacity for the Goodyear Plaza.
RECOMMENDATION
The staff of the Department of Utility Services recommends that
the Board of County Commissioners approve the project in the
amount of $42,848.87, authorize engineering, permitting, the
purchase of material from U.S. Filter/Davis Meter, approve the
attached contract with Driveways, Inc. in the amount of $16,367.66
and authorize the Chairman to execute same, as presented.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Ginn, the Board unanimously (4-0,
Commissioner Eggert absent) approved the project in the
amount of $42,848.87; authorized engineering, permitting,
purchase ofmaterial from U.S. Filter/DavisMeter; approved the
contract with Driveways, Inc. in the amount of $16,367.66; and
authorized the Chairman to execute same, as recommended in
the Memorandum.
May 26, 1998
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
I
11.H.2. PETITION WATER SERVICE -129TH STREET (BETWEEN
OLD DIXIE HIGHWAY & RIVERSIDE DRIVE) - RESOLUTION IV -
FINAL ASSESSMENT
The Board reviewed a Memorandum of May 15, 1998:
DATE: MAY 15, 1998
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: DONALD R. HUBBS, P.E.
DIRECTOR OF UTILITY SER CES
PREPARED JAMES D. CHAST
AND STAFFED MANAGER OF AS ENT PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: PETITION WATER SERVICE - 129= STREET
(BETWEEN OLD DIXIE AND RIVERSIDE DRIVE)
INDIAN RIVER COUNTY PROJECT NO. UW -96 -05 -DS
RESOLUTION IV - FINAL ASSESSMENT
On May 27, 1997, the Indian River County Board of County Commissioners approved
Resolution III (97-59) for the preliminary assessment roll for the above -referenced
project. Construction of the project has been completed. Customer connections have
begun, and on May 19, 1998 final payment to the contractor was approved by the
Board of County Commissioners. We are now requesting the Board of County
Commissioners' approval of the final assessment roll (see attached minutes and
Resolution III).
ANALYSIS
The total estimated project cost, including engineering and administration, was
$64,079.00, less a non -assessed portion of $40,229.00. The total estimated cost for
the preliminary assessment was $23,850.00, with an estimated cost per square foot of
$0.201741. The final project cost is $65,526.61, less a non -assessed portion of
$41,845.61. The assessed portion of the project is only the line on 129th Street. The
portion on Old Dixie is Master -planned, and the portion on Indian River Drive is a line
extension for looping and was also not included in the assessed portion of the project.
Partial funding for these elements will be recovered by line extension fees as
customers connect in the future (please reference the attached map). The final
assessment (see attached Resolution IV and the accompanying assessment roll) is in
the amount of $23,681.00, which equates to a cost of $0.200311 (rounded) per square
foot.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the Board of County
Commissioners approve adoption of Resolution IV, which is attached, and authorize
the chairman to execute same.
May 26, 1998
e0`"� I U , `7 -j"
X11 -r Jr1j6L 4 �j
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner
Ginn,
the
Board unanimously
(4-0,
Commissioner
Eggert
absent)
adopted Resolution
98-60
certifying "as -built" costs for installation of water service to
129` Street and such other construction necessitated by such
project; providing for formal completion date, and date for
payment without penalty and interest.
As Bulk (Final Reso.) 5/98(resMasbullt)Vk/DC
RESOLUTION NO. 98- 60
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF
WATER SERVICE TO 129TH STREET AND SUCH 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
water improvements for properties located within the area of 129th Street (between Old Dixie
Highway and Riverside Drive) are necessary to promote the public welfare of the county; and
WHEREAS, on Tuesday, May 27, 1997, the Board held a public hearing at which time
and place the owners of property to be assessed appeared 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. 97-59, which confirmed the special assessment cost of the project to the
property specially benefited by the project in the amounts listed in the attachment to that
resolution; and
WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now
that the project has been completed is less than in confirming Resolution No. 97-59,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 97-59 is modified as follows: The completion date for the referenced
project and the last day that payment may be made avoiding interest and penalty charges is
ninety days after passage of this resolution.
2. Payments bearing interest at the rate of 8.5% per annum may be made in ten annual
installments, the first to be made twelve months from the due date. The due date is ninety
days after the passage of this resolution.
3. The final assessment roll for the project listed in Resolution No. 97-59 shall be as shown
on the attached Exhibit "A."
May 26, 1998
0 0
4. The assessments, as shown on the attached Exhibit "A," shall stand confirmed, and will
remain legal, valid, and binding first liens against the property against which such
assessments are made until paid.
5. The assessments shown on Exhibit 'A" attached to Resolution No. 97-59, were recorded
by the County on the public records of Indian River County, and the lien shall remain prima
facie evidence of its validity.
The resolution was moved for adoption by Commissioner Adams , and the motion
was seconded by Commissioner G inn , and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin
Aye
Vice Chairman Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Aye
Commissioner Carolyn K. Eggert
Absent
Commissioner Caroline D. Ginn
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 2 6 day
of M a v , 1998.
Attes • J. K. Barton, Cler
By A
Deputy Clerk
Attachment: ASSESSMENT ROLL
May 26, 1998
M.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
John W. I n
Chairman
Indan Porn Go.
Approved Date
AdrnirL
Legal
S q
Budget
Utilities
Rick Mgr.
�'� '• .y rrli t U r
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
INTEROFFICE MEMORANDUM
DATE: APRIL 29, 1998
TO: DAN CHASTAIN
MANAGER OF ASSESSMENT PROJECTS
FROM: WILLIAM F. McCAIN, P.E.
CAPITAL PROJECTS EN
SUBJECT: FINAL CONSTRUCTION COSTS FOR FINAL
ASSESSMENT - 129TH STREET WATER
INDIAN RIVER COUNTY PROJECT NO. UW -96 -05 -DS
Mobilization
$ 983,28
FHA (each)
1,952.50
4 -inch Gate Valves (each)
341.00
6 -inch Gate Valves (each)
396.00
Fittings - 1/4 ton
625.00
Sod - 655 LF
1,330.00
SSS
2,112.00
LSS
506.00
LDS
1,580.00
4 -inch PVC
3,168.00
6 -inch DIP
1,151.50
6 -inch DIP
4,200.00
Concrete Drives
2,250.00
Total Construction $20,595.28
Engineering 1,235.72
Permit 250.00
Administration 1,600.00
Assessment Amount $23,681.00
Total Construction Cost
$59,836.42
Non -Assessed Construction
39,241.14
Non -Assessed Engineering
2,354.47
Non -Assessed Permit
250.00
Total Project Non -Assessed Costs $41,845.61
Total Project Cost $65,526.61
WFM:nr
May 26, 1998
70
•
FINAL ASSESSMENT ROLL
INDIAN RIVER COUNTY PROJECT NO. UW 96 - 05 - DS
129TH STREET WATER SERVICE ( BETWEEN OLD DIXIE AND
RIVERSIDE DRIVE)
INDIAN RIVER COUNTY, FLORIDA
TOTAL PROJECT COST INCLUDING
ENGINEERING , CONSTRUCTION AND ADMINISTRATION
LESS NON ASSESSED PORTION
TOTAL COST TO BE ASSESSED
NET SQUARE FOOTAGE OF PROPERTIES TO BE ASSESSED
COST PER SQUARE FOOT
ROUNDED
PH2O1291.WK4
MAY 7 , 1998
J D C
•
$65,526.61
$41,845.61
$23,681.00
118,221
$0.20031128141
$0.200311
May 26, 1998
71
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INDIAN RIVER COUNTY PROJECT NO. UW - 96 - 05 - DS
PARCEL NO
WATER SERVICE 129 TH STREET
FINAL ASSESSMENT SUMMARY
OWNER SQ. FEET ASSESSMENT
36 30 38 00003 0020 00008.0
BOUGHTON
16,342
$3,273.48
36 30 38 00003 0020 00010.0
DOBBINS
7,554
$1,513.15
36 30 38 00003 0020 00011.0
MILLER
7,554
$1,513.15
36 30 38 00003 0020 00012.0
COLLETTI
7,554
$1,513.15
36 30 38 00003 0020 00013.0
GREEN
7,554
$1,513.15
36 30 38 00003 0020 00014.0
SOFIA
8,919
$1,786.58
36 30 38 00003 0030 00001.0
SOFIA
10,638
$2,130.91
36 30 38 00003 0030 00002.0
BECHARD
10,489
$2,101.07
36 30 38 00003 0030 00003.0
VANDEN BRINK
10,316
$2,066.41
36 30 38 00003 0030 00004.0
COLLETTI
10,117
$2,026.55
36 30 38 00003 0030 00005.0
CUDDIE
9,891
$1,981.28
36 30 38 00003 0030 00006.0
PERRY
11,293
$2,262.12
TOTAL
118,221
$23,681.00
TOTAL CONSTRUCTION COST
INCLUDING ENGINEERING AND ADMINISTRATION $65,526.61
LESS NON ASSESSED PORTION $41,845.61
TOTAL COST TO BE ASSESSED $23,681.00
NET SQUARE FOOTAGE OF PROPERTIES TO BE ASSESSED 118,221
COST PER SQUARE FOOT $ 0.20031128141
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72
( ROUNDED $0.200311
PARCEL # 36 30 38 00003 0020 00008.0 SQ. FT.
16342 ASSESSMENT $3,273.48
OWNER BOUGHTON, HARRY J & ANNELIESE
625 N. CAMPBELL RD.
ROYAL OAK, MICH. 48067-2122
LEGAL INDIAN RIVER ACRES PBI 8/9 LOTS 8 & 9 BLK 2 (OR BK 449 PP 950 )
PARCEL # 36 30 38 00003 0020 00010.0 SQ. FT.
7554 ASSESSMENT $1,513.15
OWNER DOBBINS, JAMES H & ANNE
7330 129TH ST
SEBASTIAN, FL 32958-3619
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 10
BLK 2 (OR BK 432 PP 456 )
PARCEL # 36 30 38 00003 0020 00011.0 SQ. FT.
7554 ASSESSMENT $1,513.15
OWNER MILLER, MARY JO & PENNY J RICHARDSON
169 TURTLE MOUNTAIN ROAD
KALISPELL, MT 59901-8260
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
11 BLK 2 (OR BK 426 PP 420 )
PARCEL # 36 30 38 00003 0020 00012.0 SQ. FT.
7554 ASSESSMENT $1,513.15
OWNER COLLETTI , THOMAS J & HELEN
P O BOX 168
TOMS RIVER N J 087540168
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
12 BLK 2
PARCEL # 36 30 38 00003 0020 00013.0 SQ. FT.
7554 ASSESSMENT $1,513.15
OWNER GREEN, MELBA E & LORETO , JUAN
P
7360 129 TH ST
SEBASTIAN FL 32958-3619
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
13 BLK 2 (OR BK 436 PP 961 )
PARCEL # 36 30 38 00003 0020 00014.0 SQ. FT.
8919 ASSESSMENT $1,786.58
OWNER SOFIA, ANTHONY & BARBARA
1 WILDFLOWER LN
PENFIELD NY 14526-9759
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
14 BLK 2
PARCEL # 36 30 38 00003 0030 00001.0 SQ. FT.
10638 ASSESSMENT $2,130.91
OWNER SOFIA, ANTHONY J & JOSEPHINE J
7355 129 TH ST
SEBASTIAN FL 32958-3620
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
1 BLK 3
PARCEL # 36 30 38 00003 0030 00002.0 SQ. FT.
OWNER BECHARD , RAPHAEL & EMELDA
5415 NO FOWLERVILLE
FOWLERVILLE MI 48836
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT
May 26, 1998
73
10489 ASSESSMENT $2,101.07
2 BLK 3 ( OR BK 449 PP 950 )
PAGE 2
PARCEL # 36 30 38 00003 0030 00003.0 SQ. FT.
10316 ASSESSMENT $2,066.41
OWNER VANDEN BRINK, JOANNE LOUISE
7335 129 TH ST / P. O. BOX 422 ROSELAND, FL 32957-3620
SEBASTIAN FL 32958
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 3
BLK 3 ( OR BK 492 PP 852 )
PARCEL # 36 30 38 00003 0030 00004.0 SQ. FT.
10117 ASSESSMENT $2,026.55
OWNER COLLETTI , THOMAS J & HELEN
P O BOX 168
TOMS RIVER N J 08753-0168
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 4
BLK 3 ( OR BK 414 PP 687 )
PARCEL # 36 30 38 00003 0030 00005.0 SQ. FT.
9891 ASSESSMENT $1,981.28
OWNER CUDDIE , ELDEN E & ELVA E
7315 129 TH ST
SEBASTIAN FL 32958-3620
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 5
BLK 3
PARCEL # 36 30 38 00003 0030 00006.0 SQ. FT.
11293 ASSESSMENT $2,262.12
OWNER PERRY, ELDON J & IRENE J
7305 129 TH ST ( P O BOX 133 )
SEBASTIAN FL 32958-3620
LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 6
BLK 3
TOTAL SQ FOOTAGE
TOTAL ASSESSMENT
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J. D. C.
May 26, 1998
74
118221
$23,681.00
$23,681.00
12. GLENN LEGWEN CONDEMNATION RE 58TH AVENUE RIGHT-
OF-WAY ACQUISITION
Assistant County Attorney Terrence P. O'Brien reviewed a Memorandum of April 23,
1998:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: April 23, 1998
SUBJECT: GLEN LEGWIN CONDEMNATION
The County as part of its road construction project for 58th Avenue (King's
Highway) made several offers to Mr. Legwen for the purchase of a portion of his
property along 58th Avenue. The County was unable to negotiate a purchase
at the appraised value of the land to be taken.
Accordingly, the County filed a petition in eminent domain to condemn the
property needed for right of way. The County then proceeded with a quick take
and in accordance with the provision governing a quick take made a good faith
estimate of value based upon an appraisal by Armfield-Wagner. The value was
$30,160.00, exclusive of attorney's fees and costs, which was deposited with
the Court and withdrawn by Mr. Legwen. However, this is not the final
resolution of the matter. Mr. Legwen still has the opportunity to go to court
and have a jury decide the value. This will be an expensive process from the
County's standpoint as it must pay all attorney and expert fees.
The procedures governing eminent domain provide that the condemning
authority may make an offer of judgment to the land owner and if accepted that
would terminate the matter. The offer also serves as a benchmark in the award
of costs.
The staff recommends that the Board authorize an offer of judgment of 15%
greater than the MAI appraised value for a total offer of $34,684.00, exclusive
of attorney's fees and costs.
ON MOTION by Commissioner Macht, SECONDED BY
Commissioner Ginn, the Board unanimously (4-0,
Commissioner Eggert absent) authorized an offer of judgment
of 15% greater than the MAI appraised value, for a total offer of
$34,684, exclusive ofattorney's fees and costs, as recommended
in the Memorandum.
May 26, 1998
75
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I
There being no further business, upon motion duly made and seconded, the Chairman
adjourned the meeting at 1:14 p.m.
ATTEST:
Jeffrey . Barton, Clerk
Minutes approved /
May 26, 1998
76
� a
(�F.I. W. Tippin, Chairman
0