HomeMy WebLinkAbout4/10/2001Wayne R. McDonough, Esq.
Public Defender Conflicts
1,127.25
American Reporting
State Attorney Costs
46.00
Barbara G. Schopp
Transcription
49.00
American Reporting
State Attorney Costs
30.00
Cristi Martin
Transcription
31.50
Patricia W. Key
Transcription
52.50
Patricia W. Key
Transcription
66.50
Cristi Marting
Transcription
122.50
Sheila I. Flinn
Transcription
84.00
Myra A. Eldridge
Transcription
122.50
Donna Speirs
Transcription
108.50
Cristi Martin
Transcription
231.00
Sheila I. Flinn
Transcription
87.50
Janet C. Prosper
Transcription
122.50
Myra A. Eldridge
Transcription
126.00
Sheila I. Flinn
Transcription
108.50
Patricia B. Held
Transcription
168.00
Myra A. Eldridge
Transcription
112.00
Myra A. Eldridge
Transcription
45.50
Elisa LesCamela
Transcription
115.50
Elisa Les Camela
Transcription
178.50
Myra A. Eldridge
Transcription
147.00
King Reporting Services Inc
Transcription
86.50
Barbara G. Schopp
Transcription
45.50
Janet C. Prosper
Transcription
129.50
Total
$39,801.32
PGB/sw
cc: Honorable Paul B. Kanarek
NO ACTION REQUIRED OR TAKEN,
APRIL 10, 2001
-33-
B�{ P 0
Deferred.
PROJECT
V0
I -
I -
mon
- UPPOSING E
K
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously adopted Resolution 2001-041
Opposing the Expenditure of Preservation 2000
Funds for Everglades Restoration,
RESOLUTION NO. 2001-041
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, OPPOSING THE EXPENDITURE OF
PRESERVATION 2000 FUNDS FOR EVERGLADES RESTORATION.
-20 -
WHEREAS, Chapter 259.01, Florida Statutes (2000), entitled the "Florida Preservation 2000 Act,"
was designated to preserve Florida's critical natural areas from destruction, degradation, and
fragmentation; and
WHEREAS, for almost a decade Indian River County has been strongly committed to
conservation land acquisition under the Florida Preservation 2000 Act, and
WHEREAS, the intention of the Legislature expressed in Section 259.101(2)(e), Florida Statutes,
was to fund the implementation of the Florida Preservation 2000 Act for each of the ten years of the
program's duration and to do so in a fiscally responsible manner; and
WHEREAS, legislation has been proposed to utilize $100 million in Florida Preservation 2000 Act
funds obligated for other conservation projects statewide to replace the $100 million in general revenue
previously obligated by the Legislature for Everglades restoration; and
WHEREAS, enactment of the proposed legislation would break the promise made by the Florida
Legislature that authorized revenue based funding for Everglades restoration; and
APRIL 10, 2001
-34.
BK 1 17 PO 8'
WHEREAS, the proposed legislation would put land acquisition projects throughout Florida in
jeopardy in an attempt to sacrifice other environmental priorities for Everglades restoration funding: and
WHEREAS, the effectiveness of land acquisition programs, such as the Indian River County
Environmentally Significant Land Acquisition Program, depends on the strength of the partnerships
between local governments and the State of Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
The Indian River County Board of County Commissioners strongly opposes any legislation which
jeopardizes the implementation of the Florida Preservation 2000 Act or the Florida Forever Act by
reducing their funding allocation.
The Indian River County Board of County Commissioners hereby determines the Florida
Preservation 2000 Act and the Florida Forever Act to be high priorities and opposes any efforts which
would diminish funding for any of these programs.
The resolution was moved for adoption by Commissioner Adams and the
motion was seconded by Commissioner Stanbridge
vote was as follows: and, upon being put to a vote, the
Chairman Caroline D. Ginn Aye
Vice Chairman Ruth Stanbridge -dye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht gycg
Commissioner Fran B. Adams Ae
2001. The Chairman thereupon declared the resolution duly passed and adopted this 10th day of April,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: J. K. Barton, Cl k
BY
Deputy Clerk Caroline D. Ginn
Chairman
'L
T.
PROFIT CHILDCARE PROVIDER) - 6500 OLD DIXIE HIGHWAY
The Board reviewed a Memorandum of April 3, 2001:
APRIL 109 2001 8, i 0IG 3 0
-35-
E
DATE:
TO:
THRU:
FROM:
SUBJECT:
April 3, 2001
BOARD OF COUNTY COMMISSIONERS
James E. Chandler, County Administrator
Thomas W. Frame, General Services Director � cj(h4-4�R�
Resolution Approving the Lease of Pleasant Ridge School (Winter Beach School) to
Ross Small World (Non-profit Childcare Provided
6500 Old Dixie Hityhwav
BACKGROUND:
Pleasant Ridge School a.k.a. Winter Beach School and its surrounding property was deeded to the County
from the School Board in a warranty deed dated November 9, 1970. At that time, the use of the property
was restricted to public education purposes. Subsequently, on August 27`s, 1981, the School Board
modified the restriction on the use of the property from public educational purposes to public purposes.
On January 10, 1973, the Board of County Commissioners entered an agreement with the Economic
Opportunities Council of Indian River County. The building was thus used to house a Head Stan
program through February 2000. At that time. the County was advised by Jean Strawter, Executive
Director, that the Economic Opportunities Council of Indian River County, Inc., would be vacatine the
facility as of February 29, 2000, due to down sizing. She further advised that A.L.P.I. (Agricultural Labor
Program, Inc.) had expressed interests in the building to continue their child care programs in Indian
River County.
Shortly afterwards. Mr. William Holt contacted this office and introduced Mercy Ross, CEO and operator
of Ross Small World Child Care (Ross Small World. Inc.) a non-profit corporation.
The Board may recall a presentation made by Pat Telfer, Contracts Manager for Subsidized Childcare
Services to A.L.P.I. on January 23, 2001. She identified that there are over 1,000 children on the waiting
list for various types of children's services including 600 children for subsidized care. Ross Small World
Child Care would reduce this unmet need by providing a minimum of 25 % of the total enrollment for
subsidized childcare through contract with A.L.P.I.
A proposed ten-year lease has been prepared which places all financial responsibility of future
maintenance and operational cost of the building on the Lessee. In addition, it provides for historical
enhancement through efforts by both the lessee and the County. As provided by the Florida Statutes, a
resolution has also been prepared which is required to be adopted approving the proposed lease.
RECOMMENDATION:
Considering that Indian River County has not had to budget maintenance funds for the Pleasant Ridge
School for over approximately 28 years, and considering the opportunity to address some of the unmet
needs for children and having another agency assuming the costs of operating and maintaining the
Physical plant, it makes sense to provide the facility at no charge to a non-profit organization. Staff
recommends the Boards approval of the resolution authorizing this agreement for a penod of ten (10)
years
APRIL 10, 2001
-36-
Chairman Ginn inquired about the taxes on the property, and General Services
Director Tom Frame stated that Ross Small World is a non-profit entity.
Director Frame continued that the County would not absorb any costs. The property
has been used by the Head Start Program since 1973 and the County has expended no funds
during that time. We will hook up to the water system but, other than that, the County has
no responsibility for any other costs. Also the County will be able to go in and coordinate
any historical improvements if the historical grant is received.
Chairman Ginn then questioned the language on Page 79 referring to "rehabilitation
and expansion" and wanted to know if any expansion would affect the historical value of the
building.
Director Frame stated that he had simply used language from a previous lease and any
work would be supervised by a design professional. The reference to "expansion" could be
deleted.
Commissioner Adams also noted that the lease requires the lessee to come to the
lessor for permission to do anything to the building.
Commissioner Stanbridge commented that the building is a possible candidate for a
grant and connecting to the water system would be the County's match and would also be
an advantage to stabilization of the building.
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Adams, the Board
unanimously adopted Resolution 2001-042
approving a lease of County property to Ross Small
World Incorporated (Pleasant Ridge School [Winter
Beach School], 6500 Old Dixie Highway).
APRIL 10, 2001
-37-
832
LEASE IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
RESOLUTION NO. 2001w042
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING A LEASE OF COUNTY
PROPERTY TO ROSS SMALL WORLD
INCORPORATED,
WHEREAS, Indian River County owns certain real property and
improvements, commonly known as the Pleasant Ridge School, which are
located north of 65th Street between Old Dixie Highway and U.S. Highway One;
and
WHEREAS, Ross Small World Incorporated has made application to
Indian River County to lease the Pleasant Ridge School for operation as a child
care center; and
WHEREAS, the Board of County Commissioners has found that the
property is not currently needed for County purposes and that the use of the
property for the provision of child care services to families would promote the
general health, safety, and welfare of the citizens of Indian River County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. That the application of Ross Small World Incorporated for a lease
of certain real property and facilities as described in Exhibit "A" attached is
hereby approved.
2. That the leased property is to be used for child care services to
families.
3. That the term of the Lease will be for ten (10) years.
APRIL 10, 2001 B'X 1 17 PG 8 3 3
-38-
c
RESOLUTION NO. 2001- oat
4. That the rental consideration for the Lease shall be One Dollar ($1.00) per
year, payable Ten Dollars ($10.00) in advance.
The resolution was moved for adoption by Commissioner StanbriU, and
the motion was seconded by Commissioner Adams and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn A y e
Vice Chairman Ruth M. Stanbridge Ayp
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aya
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 10 t hday of April, 2001.
A effrey K. Bar
Deputy Clerk
APRIL 10, 2001
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ft
By Z;Z4d&Lis.r.,
Caroline D. Ginn, Chair an
-39-
Inalon Rlvw Co
Approved
oa e
Adm1rt
'
Legal
L
RESOLUTION NO. 2001- oat
4. That the rental consideration for the Lease shall be One Dollar ($1.00) per
year, payable Ten Dollars ($10.00) in advance.
The resolution was moved for adoption by Commissioner StanbriU, and
the motion was seconded by Commissioner Adams and, upon being put to
a vote, the vote was as follows:
Chairman Caroline D. Ginn A y e
Vice Chairman Ruth M. Stanbridge Ayp
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Aya
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 10 t hday of April, 2001.
A effrey K. Bar
Deputy Clerk
APRIL 10, 2001
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ft
By Z;Z4d&Lis.r.,
Caroline D. Ginn, Chair an
-39-
Inalon Rlvw Co
Approved
oa e
Adm1rt
'
Legal
L
Budgel
Dept
,y y
HISK Mgr,
BIt I I I PG 834
- KEOU.
T APPROVAL OF INDIAN RIVER COURTS PHASES IAN
The Board reviewed a Memorandum of April 4, 2001:
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
Robert N1. Keating. AICP
Community Development Dtrector
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP /'�o to
Senior Planner, Current Development
DATE: April 4, 2001
SUBJECT: Indian River County Limited Partnership's Request for Final Plat Approval of
Indian River Courts Phases I and II
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 10. 2001.
DESCRIPTION AND CONDITIONS:
Indian River Courts is a two-phase planned development PD project that includes a 200 unit multi-
family development (Phase 1) and a 36 single-family lot development (Phase 2). The plat will create
the Phase 2 single-family lots and associated road right-of-wav and stormwater and utilities tracts
and easements. The plat also establishes a tract for the multi-familv units. stormwater. landscaping
and recreation tracts that will serve the multi -family porion of the project. The subject property is
generally located at the northwest corner of Indian River Blvd and -list Street.
At its regular meeting of July 20, 1999. the Planning and Zoning Commission granted preliminary
planned development (PD) plat/plan approval for both phases of the development. Subsequently,
a land development permit was issued and construction commenced. At this time, most of the
required improvements for Phase 1 (multi -family) and for Phase 2 (single-family) have been
completed. The applicant is proposing to bond out the remaining Phase I and 2 construction items.
The project owner, Indian River Limited Partnership, through their agent, Caner Associates, Inc.,
is now requesting final plat approval and has submitted the following:
APRIL 10, 2001
-40-
81 1 17 PG 835
1. A plat for Phases
plan/plat.
and 2 that is in conformance with the approved preliminary PD
2. A certified engineer's cost estimate for the regaining required improvements in Phases
1 and
3. A contract for construction for the remaining required improvements in Phases 1 and
4. A performance bond to guarantee construction of the required improvements in Phases
1 and 2.
ANALYSIS:
Most of the improvements have been completed for Phases 1 and 2. The remaining outstanding
improvements in Phase 1 include a second laver of parking area asphalt, sidewalk improvements.
and sodding. The remaining required improvements for Phase 2 include some landscape material
and sodding. Site related improvements for the individual multi -family buildings will be controlled
via the county certificate of occupancy inspection process for each building. All improvements in
both phases are privately dedicated, with the exception of utilities. A contract for construction for
the remaining Phase 1 and 2 improvements has been submitted along with the performance bonds
and County Engineering has approved the cost estimate. The County Attorney's Office has approved
the formats for the construction contract and the performance bond.
Prior to the issuance of a certificate of completion for Phases 1 or 2, the developer will be required
to warranty and provide a bill of sale for the utility improvements in Phases 1 and 2. In accordance
with standard procedures, these utility warranty and bill of sale items will be handled
administratively by Utility Services.
With the contract and bond for the remaining required improvements for Phases 1 and 2, all formal
plat requirements are satisfied.
RECOMMENDATION:
Based on the analysis, staff recommends that the Board of County Commissioners grant final plat
approval for Indian River Courts (Phases 1 and 2) and authorize the Board chairman to sign the
contract for construction and accept the performance bond for the remaining Phase 1 and 2
improvements.
APRIL 10, 2001
-41-
B1 1 17 PG 336
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously granted final plat approval for
Indian River Courts (Phases 1 and 2), authorized the
Chairman to sign the Contract for Construction, and
accepted the performance bond for the remaining
Phase 1 and 2 improvements, as recommended by
staff.
CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
v111v 31 L FA/VEK - EXTENSION OF SITE PLA NAPPRO i,
Vas,
A UTO SALES
The Board reviewed a Memorandum of April 3, 2001:
TO: James E. Chandler; County Administrator
DIVJSION HEAD CONCURRENCE:
Robert A Keating, :AIC `; Comm iv Development Director
THROUGH: Stan Boling, AICP; Planning Director
FROM: Peter J. Radke; Senior Planner, Current Development(7n
DATE: April 3, 2001
APRIL 10, 2001
-42-
SUBJECT: John Stepanek's Request for Extension of Site Plan Approval for a Used Car
Sales and Mini Storage Facility to be Known as Stepanek's Auto Sales
SP -NIA -00-04-21 / 98100109
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 10, 2001.
113 WIN kel I W1 • k"I 178191.91 •
On April 13, 2000, the Planning and Zoning Commission granted conditional major site plan and
administrative permit use approval to construct a used car sales and mini -storage facility. Approval
was given to construct the facility at 1210 Oslo Road. The current expiration date of the site plan
approval is April 13, 2001.
The project applicant has filed a request to extend the site plan approval expiration date. Unforseen
property boundary discrepancies are the stated reasons for the delay in construction, accordinu to the
applicant. Pursuant to site plan regulations. the extension request may now be considered by the
Board of County Commissioners.
ANALYSIS
Although the LDRs have been amended since the time of project review and approval, the members
of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the
subject project are not significant enough to require substantial revisions or redesign of the project.
All TRC staff members have recently approved the applicant's request for site plan extension.
As allowed under provisions of the LDRs, the developer is requesting a full one year extension of
the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County
Commissioners may deny, approve, or approve with additional conditions the requested site plan
extension. Staff has no objections to the Board granting the request since the previously approved
site plan and corresponding approval conditions substantially conform to existing LDR requirements.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve John Stepanek's request for a
one year extension of the conditional site plan approval with all original approval conditions to
remain in effect. The new site plan approval expiration date will be April 13, 2002.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the request for a 1 -
year extension to April 13, 2002, of the conditional
site plan approval with all original approval
conditions to remain in effect, as recommended by
staff.
APRIL 10, 2001
-43-
BK 1 17 PG 3 013
TF _ _ 7 n am .-. --
4PANIES -
ida Limited
T
mm
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
The Board reviewed a Memorandum of April 4, 2001:
TO: Board of County Commissioners
THRU: James E. Chandler, Countv Administrator
FROM: Joseph A. Baird, Assistant County Administrator
DATE: April 4, 2001
SUBJECT: TEFRA (Tax Equity Fiscal Responsibility Act) Hearing
Brisben Companies — The Palms at Vero Beach Limited,
a Florida Limited Partnership - Industrial Bond Application
The Board of County Commissioners approved holding a TEFRA hearing to enable Brisben
Companies — The Palms at Vero Beach Limited, a Florida limited partnership to apply for
District 9B Industrial Bond Allocation from the State so that the Florida Housing Finance
Corporation can issue Multi -Family Housing Revenue Bonds in a principal amount not to exceed
51,500.000 utilizing the local allocation and the proposed issuance by the Corporation of its
Multi -Family Housing Revenue Bonds (The Palms at Vero Beach Project) in an aggregate
principal amount not to exceed S 11.500,000 with the combined allocation. The Palms of Vero
Beach will consist of 260 units located at the northwest comer of Indian River Boulevard and
12`" Street, Vero Beach, Florida, to be occupied by persons of low, moderate and middle income,
and owned and operated by The Palms at Vero Beach Limited, a Florida limited partnership.
Following the Public Hearing, if the Board of County Commissioners wishes to grant Brisben
Companies the abiliry to apply for the Industrial Revenue Bond Allocation in Distract 9B, the
Board must approve the Resolution, Interlocal Agreement. and authorize the Chairman and staff
to sign all necessary documents.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Resolution, Interlocal
Agreement, and authorize the Chairman to sign all necessary documents.
APRIL 10, 2001
-44-
1V
e
Assistant County Administrator Joe Baird reviewed the Memorandum for the Board.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Douglas Lyons, Brisben Companies, thanked the Board for their consideration in
assisting the development of this needed housing.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Tippin, the Board
unanimously approved the Interlocal Agreement,
authorized the Chairman to sign all necessary
documents, and adopted Resolution 2001-043
expressing the intent of the Board of County
Commissioners of Indian River County, Florida to
proceed in conjunction with the Florida Housing
Finance Corporation with the financing of a
multifamily residential rental housing project
through the issuance by Florida Housing Finance
Corporation on behalf of itself and Indian River
County of its not to exceed $11,500,000, multifamily
APRIL 10, 2001
-45-
8KII7PUG 340
APRIL 10, 2001
housing revenue bonds for the benefit of The Palms
at Vero Beach Limited Partnership, a Florida limited
partnership; approving the issuance by the Florida
Housing Finance Corporation of its multifamily
housing revenue bonds (The Palms at Vero Beach
Project) in the aggregate principal amount of not to
exceed $11,500,000 on behalf of itself and Indian
River County to provide funds to finance a
multifamily housing project; approving the form of
and authorizing the execution and delivery of an
Interlocal Agreement with the Florida Housing
Finance Corporation; and providing an effective
date.
AGREEMENT WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
-46-
! i PG 8 4 1
RESOLUTION NO. 2001-043
RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY"
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA TO PROCEED IN
CONJUNCTION WITH THE FLORIDA HOUSING FINANCE CORPORATION
WITH THE FINANCING OF A MULTIFAMILY RESIDENTIAL RENTAL
HOUSING PROJECT THROUGH THE ISSUANCE BY FLORIDA HOUSING
FINANCE CORPORATION ON BEHALF OF ITSELF .AND INDIAN RIVER
COUNTY OF ITS NOT TO EXCEED $11,500,000 MULTIFAMILY HOUSING
REVENUE BONDS FOR THE BENEFIT OF THE PALMS AT VERO BEACH
LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP; APPROVING
THE ISSUANCE BY THE FLORIDA HOUSING FINANCE CORPORATION OF
ITS MULTIFAMILY HOUSING REVENUE BONDS (THE PALMS AT VERO
BEACH PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $11,500,000 ON BEHALF OF ITSELF AND INDIAN RIVER COUNTY
TO PROVIDE FUNDS TO FINANCE A MULTIFAMILY HOUSING PROJECT:
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION .AND
DELIVERY OF AN INTERLOCAL AGREEMENT WITH THE FLORIDA
HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Housing Finance Corporation ("Florida Housing") is a public body
corporate and politic, duly organized and existing under the provisions of Chapter 420, Florida Statutes,
as amended and supplemented; and
WHEREAS, The Palms at Vero Beach Limited Partnership, a Florida limited partnership (the
"Developer"), has requested the Board of County Commissioners (the "Board") of Indian River County,
Florida (the "County") to apply on behalf of the Developer for an allocation of bond volume in a principal
amount of not to exceed $1,500,000, to be used by Florida Housing in combination with Florida Housing's
bond volume allocation in an amount not to exceed $8,101,977, and issue Florida Housing's Multifamily
Housing Revenue Bonds, Series [to be determined] (The Palms at Vero Beach Project) (the `Bonds"), the
proceeds of which would be used to (i) pay or reimburse the Developer for the cost of acquisition,
construction and equipping a multifamily residential rental apartment project, comprised of The Palms at
Vero Beach which will consist of 260 residential units to be occupied by persons of low, moderate and
middle income, located at the Northwest comer of Indian River Blvd. and 12U' Street, Vero Beach, Florida
(the "Project"), (ii) fund a debt service reserve fund for the Bonds and (iii) pay a portion of the costs of
issuance of the Bonds; and
APRIL 10, 2001
-47-
8 1 7 PCG 342
WHEREAS, the Board conducted a public hearing on April 10, 2001, notice of which hearing
was published on March 22, 2001, in the Press -Journal (a copy of which notice is attached hereto as
Exhibit "A" and incorporated herein), for the purpose of considering the issuance of the Bonds by Florida
Housing on behalf of itself and the County, in accordance with the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"). Said public hearing disclosed no reason why
the Bonds should not be issued; and
WHEREAS, Section 147(f) of the Code requires approval of the issuance of the Bonds by the
Board as the "applicable elected representative' under Section 147(f) after a public hearing following
reasonable public notice;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. The Board, pursuant to, and in accordance with, the requirements set forth in
Section 147(f) of the Code, hereby approves the issuance of the Bonds by Florida Housing on behalf of
the County and Florida Housing. The Board has found and detemuned and hereby declares that it is in the
best interest of the County to enter into an Interlocal Agreement with Florida Housing.
The execution and delivery of the Interlocal Agreement, authorizing Florida Housing to issue its
Florida Housing Multifamily Housing Revenue Bonds, Series [to be determined] to finance the cost of
acquisition, construction and equipping a multifamily residential rental apartment project in the County, the
proposed form ofwhich is attached hereto as Exhibit "B" (the "Interlocal Agreement") is hereby authorized.
The form of the Interlocal Agreement attached hereto as Exhibit "B" is hereby approved, subject to such
changes, insertions and omissions and such filling in of blanks therein as may be approved and made in such
form by the officers of the Board and Florida Housing executing the same, such execution and delivery to
be conclusive evidence of such approval.
SECTION 2. The Chairman or Vice Chairman and the Clerk or Assistant Clerk of the Board are
hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such
changes, modifications, additions, deletions and substitutions as such officers executing the same shall
approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon
the seal of the County.
APRIL 10, 2001
-48-
SECTION 3, The Bonds shall not constitute a debt, liability or obligation of the County or ,
pledge of the faith and credit of the County, and the County will not be liable on the Bonds, nor will the
Bonds be payable out ofany funds other than those pledged and assigned under the Indenture and the Loan
Agreement, pursuant to the terms of which Florida Housing issues the Bonds.
SECTION 4. It is expressly stated and agreed that the adoption of this Resolution is not a
guaranty, express or implied, that Florida Housing will approve the issuance of the Bonds for the Project.
The Developer shall hold the County, the Board and its past, present and future members, officers, staff.
attorneys, financial advisors and employees harmless from any liability or claim based upon the failure of
Florida Housing to close the transaction and issue the Bonds or any other cause of action arising from the
adoption of this Resolution, the processing of the bond volume allocation request for the Project, or the
issuance of the Bonds. The Developer recognizes that the County's Bond Counsel, Bryant, Miller and
Olive, P.A., is assisting the County in this matter and that any fees and expenses incurred by such counsel
shall be paid by the Developer, and that the Developer shall hold the County harmless from any such fees
and expenses.
SECTION 5. The approval given herein is solely for the purpose of satisfying the requirements
of Section 147(f) of the Code and shall not be construed as an approval of any necessary rezoning
application or any regulatory permits required in connection with the issuance of the Bonds or the
construction of the Project, and this Board shall not be construed by virtue of its adoption of this Resolution
to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard.
SECTION 6. The Board hereby authorizes staff to assist the Developer in negotiating and
preparing a plan for financing the Project with Florida Housing, which plan shall specifically include the
interlocal agreement herein approved by the County as a precondition to the issuance of the Bonds by
Florida Housing using any bond volume allocation obtained by the County on behalf of the Developer. The
County Administrator, or his designated representative, is hereby authorized to apply and to reapply, as
the case may be, on behalf of the Developer to the State of Florida Division of Bond Finance for bond
volume allocation in an amount not to exceed S 1,500,000 for calendar year 2001 and 2002.
SECTION 7. All resolutions and orders orparts thereof, of the Board in conflict herewith are,
to the extent of such conflict, hereby modified to the extent of such conflict.
APRIL lo, zoos B 17 P6 8 4 41
-49-
SECTION 8. It is found and determined that all formal actions of the County concerning and
relating to the adoption of this Resolution were taken in an open meeting of the members of this Board and
that all deliberations of the members of this Board and of its committees, if any, which resulted in such
formal action were taken in meetings open to the public, in full compliance with all legal requirements.
SECTION 9. This resolution shall become effective immediately upon its adoption.
ADOPTED this -12th day of April, 2001.
(SEAL)
ATTEST: J.K. BARTON
CLERK CIRCUIT CCURT
Co ty Clerk
Approved as to form:
'mac,
County orney
APRIL 10, 2001
-50-
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By.
CHAIRMAN, Caroline D, inn
BK I i °G 8 4 5
EXHIBIT "Ari
NOTICE OF PUBLIC HEARING
0 PTW
.� PRESS JOURNAL
INDIAN RIVER COUNTY, FLORIDA
aou�eEowAtEd 1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER NOTICE Or FueuC HEARING
Before the undersigned allthotity personally appeared, Darryl K. Hicks, who on oath says that he Is President Norm+ is hwWy w~ "'a "r
of the Press Journal, a dad newspaper ublianad al Vero Beach in Indian River County, Florida: that me saaddcoavy Cmwummd
y p ry, iWten ico [way. Florwa
attached copy of advertisement was published in the Press burn in the following Issues below. Alfiant lea 'cowmiwhod1 oW b
lunher says that the Yid Press Journal is a newspaper published al Vero Beach in said Indian River County, FiPewo hlarmg iwoaa ca
Y aaabn Wr 'Cwaaaten'1
Florida and that the "to newspaper has heretofore been continuously published In said Indian River County, rah is my hold aW whAb e
Florida daily and distributed in Indian River County, Florida. for a pend of one year next practicing the Pool rrahne to M held ec
April lo, 2001 a 9 0 amat
the first publication of attached copy of advertisement: and albani further says that he has neither paid ave i,bwo los cwnn cam
nor promised any person, firm or corporation any discount, rebels, commission or reluno for IM purpose m,raah [home.. a 1 "0 tib
Sorest. vwe erorh. ibba
of securing this advertisement for publication in the said newspaper. The Press Journal has been enured 22v60 regadmig xe Eosor•ii
as second cuss matter at the Post Office in Vero Beach. Indian River County, Florida and has been lot a period TM prayorW nutetwe by
of one year nest preceding the Inst publication of the enacna0 copy of advemremenl. mor" coarimmiam at
;,, art yhhalf alb.
commhuom of M hydmtamdy
swung Rimewr, aawr phi
AIt Nam 121111111121111111/dmr at bedMxA Pro art
Ad
Price 5ww [to wwa ito
aeveN• pmaad wtwa w
b tired
5I,504000 aid h
poporW iwwe by "r Car
7712017 I.R.C. Attorney 0917717001 967.9/ capon d u, awnamay
Total $69.94 FroaraV sewrwe s E 0M
Pdmr a vee Mad, ] m an
5wp Ib W dMwmmedf w at
• 4•5ria
110 oxW ',001000 as a
vide Fabricate Fr o fire pb
wp aa samaa necr hwr-
me pap, namdy Tie /aMt
a vre aetidt b ,terve at
200 awl b[drd der hwrA
ver wom d hrwbn limar
NA. we 12b a"rtwoi, vwo
M be Ebbe lar witabi of
lob ft eat by pwrw d
fir, Wild " ow bite
abaft, and wMlo and verb
tial by ithr /dmr a verb
ape, lir few
o Flaws WwWd)
paa+WP Illy ,kat we
tv miwbM aa•b are orbital"
b snwY ices pnmrMr al wa
was ab Wan rw bra eaow
Subscribed and swom to me before this date: v.baa.adm.dba,"+vel
racer b appeal my drortea
woe• a lou M in "ey will
03/26/2001
Wait record d "e prase"
mg., ab fir rudh W pare, ww
uli Gu.n e11.1: TLI.L NOTARY PUBLIC ww need b pee
boom record d N pro wd-
dtar Of Flarlda.les COMMINI a Fssp. 10111IM1 mgr is mad., whirr rams
fcwr.ilraba Muton CG'IM$7 ntm,drs "r rramooy ave em -
ave. F. .a,dh "r pp.d h
--------------
Sip/A 5' bbOorW.
+la^ver': — -" • �� / .-aL� c ocr o rnh "e lever.
et1CIL Y. pa r,b oib waxer l ruOt. ave
rem nwatq a bpd o¢omm
mwstar toaapap. to fit.
pwwadtee dha"d codec the
Notary Public Im "tet�meaae � � i�
myr Peter b we pxa m d
..'��\l� M:.ryiwr.ahar+sabI aat.e000..� o
5: •' l� . e0ardd
__ .• �, cams eaauewaar
I Aly Com d roam at"M c
'r a; Oct. -I t, 200.rea ,math 27.2001 2112017,
_Comm. No. CC676927: a¢;`
3
ST0C
APRIL 10, 2001 BI i I �G ` 4 6
-51-
EXHIBIT "B"
FORM OF INTERLOCAL AGREEMENT
��/I �!i ►1 i t��1;�
iL/�I111 i
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement"), is made as of this 13th day of
April , 2001, by and between the FLORIDA HOUSING FINANCE CORPORATION,
a public corporation, public instrumentality and public body corporate and politic organized and existing
under the laws of the State of Florida (hereinafter referred to as "FHFC"), and INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County").
WITNESSETH:
WHEREAS, FHFC is created pursuant to Chapter 420, Florida Statutes, for the purposes of
providing and promoting the public welfare by administering the governmental function of financing and
refinancing housing and related facilities in Florida and alleviating the shortage ofhousing available to
persons and families of low, moderate and middle income; and
WHEREAS, the Board of County Commissioners of the County has not created a Housing
Finance Authority pursuant to Part IV of Chapter 159, Florida Statutes to operate in the County, but is
exercising the powers of Chapter 125, Florida Statutes, in connection with programs for housing; and
WHEREAS, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, the
amount of private activity bonds, including those issued to finance qualified residential rental projects,
which may be issued by governmental units in any calendar year is limited, and is available for allocation
by the Division of Bond Finance of the Florida State Board of Administration (the "Division") to issuers
within the State in accordance with Part VI of Chapter 159, Florida Statutes; and
WHEREAS, it is the purpose and intent of this Agreement, pursuant to the Florida Interlocal
Cooperation Act of 1969 (the "Cooperation Act") to permit the County and FHFC to make the most
efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby to provide the facilities provided for herein in the manner that will
best utilize existing resources available to each of them; and
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the
County and FHFC may exercise their respective powers, privileges and authorities which they share in
common and which each might exercise separately; and
WHEREAS, FHFC proposes to issue revenue Bonds for the purpose of ficing a qualifi
naned
residential rental project known as The Palms at Vero Beach Apartments to be located within the
geographic boundaries of the County; and
APRIL 10, 2001
Page 1 of 5
-52-
i7i 1
17 P-0 847
e
r
WHEREAS, the acquisition, construction and equipping of such qualified residential rental
project in cooperation with the County complies with and will further the purposes for which FIs FC was
created; and
WHEREAS, FHFC has determined to allocate certain of the private activity bond limitation
available to it to the particular qualified residential rental project known as the The Palms at Vero Beach
Apartments, which amount is not sufficient to fully finance the acquisition, construction and equipping of
such project, and
WHEREAS, the County has likewise determined to assist in the financing of such project, so
long as the financing of the full project is undertaken; and
WHEREAS, the Countv and FHFC have ascertained that -the most efficient and cost effective
method for providing for the allocation of the respective amounts of private activity bond limit and for
issuing the bonds allocable thereto is for FHFC to issue its bonds utilizing the private activity bond limit
contributed by it and the private activity bond limit contributed by the County for and on behalf of the
County; and
WHEREAS, the County and FHFC wish by this Agreement to provide for the issuance by
FHFC of its obligations by and on behalf of the County in the manner provided herein in order to further
the purposes stated herein;
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the County
and FHFC agree as follows:
SECTION 1. County Private Activity Allocation. The parties hereby agree that the qualified
private activity bonds related to the private activity bond limit contributed by the County shall be issued
by FHFC in the same manner as are the FHFC private activity bonds for such project. The provisions
of all such bonds relating to payment, security, refmancing and all other customary financial terms shall
be the same without regard to the source of the private activity bond limit.
SECTION 2. All Necessary Action. The parties hereto agree that they will, individually or
jointly, take all action within their respective powers, necessary, desirable or required by the Division in
order to preserve the private activity bond limit for use in financing the project and to assure the
exemption of interest on the bonds from Federal income taxation.
SECTION 3. Reversion of Private Activity Bond Limit. In the event that the financing of the
project does not proceed for reasons that are beyond the control of the County and the developer of the
project, The Palms at Vero Beach Limited Partnership (the "Developer), then FHFC agrees that this
Agreement will terminate on the day which is no more than 85 days after the County receives a
confirmation from the Division of Bond Finance for the allocation as contemplated herein and the private
activity bond limit shall, without any further action on the part of the County or the Developer, revert to
the control and use of the County. FHFC agrees to take all action necessary or desirable in giving effect
to this provision so as to preserve the private activity bond limit previously allocated to the County for
APRIL 10, 2001
Page 2 of 5
-53-
the use and benefit of the citizens of the State of Florida and, particularly, Indian River County.
FHFC is hereby specifically authorized by the County to commence a bond validation
proceeding under Chapter 75, Florida Statutes, on behalf of itself and the County, provided such
proceeding is commenced prior to the date that is no more than 145 days after the date the County
received a confirmation of allocation from the Division of Bond Finance, which date is
, 200_.
SECTION 4. Term. Unless extended by mutual agreement of the County and FHFC, or unless
sooner terminated as provided in this Agreement, this Agreement shall expire at such time as the bonds
contemplated hereby shall be fully paid or provisions shall be made for the payment of all of such bonds
as provided therein and in the proceedings authorizing the sale thereof.
[Remainder of page left intentionally blank]
Page 3 of 5
APRIL 10, 2001 �1 It 1 4 9
-54-
W WITNESS WHEREOF, the parties hereto have entered into this Interlocal Agreement as of
the day and year first above written.
(SEAL)
JX BARTON
ATTEST: CLERK CIR IT COURT
Cle� I
Approved as to form and legal sufficiency:
Co n y A rney
INDIAN RIVER COUNTY, FLORIDA
By: 4a7
Chair, Caroline D. Ginn
STATE OF FLORIDA
COUNTY OF INDIAN RIVER (�
The foregoing instrument was acknowle ed before me by Caroline D. Ginn and
P�TRICIA "PJ" JONES Chair and Clerk, respectively, of the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the County this 10th
day of April 2001.
APRIL 10, 2001
Notary Public U
My Commission Expires
Page 4 of 5
-55-
Kimberly E. Mossung
MY COMMISSION t CC655436 EXPIRES
)uly 15, 2003
BONDED THRU TROY FAIN INSURANCE INC
BK 1 17 N3 350
FLORIDA HOUSING
CORPORATION
By:
(SEAL)
ATTEST:
STATE OF FLORIDA
COUNTY OF LEON
FINANCE
The foregoing instrument was acknowledged before me by
and respectively, of
FLORIDA HOUSING FINANCE CORPORATION, on behalf of FHFC, this day of
1200—.
Notary Public
My Commission Expires:
APRIL 10, 2001
Page 5 of 5
-56-
8K E 17 Vu b
9.13. PUBLIC DISCUSSION ITEM - FELLSMERE COMMUNITY
ENRICHMENT PROGRAM PRESIDENT HOPE LEET -
PRESENTATION REGARDING LOW INCOME HOUSING
PROJECT FOR MIGRANT AND FARM WORKERS IN
FELLSMERE
Deferred to April 17, 2001.
9.C. PUBLIC NOTICE ITEM - PUBLIC HEARING SCHEDULED
FOR APRIL 17, 2001
HURLEY BUILDERS AND DEVELOPERS. INC. - REQUEST FOR SPECIAL
EXCEPTION USEAND CONCEPTUAL PD PLANAPPROVAL FOR A 167
LOT SINGLE-FAMILYAGRICULTURAL PD TO BE KNOWNAS VERO
GROVE (LEGISLATIVE
The Board reviewed a Memorandum of April 4, 2001:
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
Community Qevelopment Director
I .
THROUGH: Stan Boling, AICP
Plannins Director
FROM: John McCoy, AICPA W i�
Senior Planner
APRIL 10, 2001
-57-
BK I i ./
v
c
DATE: April 4, 2001
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 April 10, 2001:
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing has been scheduled for Board consideration:
April 17.2001 Board Meeting
1. Hurley Builders and Developers. Inc's request for special exception use and conceptual PD
plan approval for a 167 lot single-family agricultural PD to be known as Vero Grove
(Legislative).
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,
APRIL 10, 2001
-58-
Pr05
j
I LA1. FRANK COFFEY REQUEST FOR RECONSIDERATION
OF THE REVISED MAP OF THE LANDS PROGRAM
INFORMATIONAL BROCHURE (LAND ACQUISITION
ADVISORY COMMITTEE)
The Board reviewed a Memorandum of April 4, 2001:
TO: James E. Chandler
County Administrator
DEP*RTMENT HEAD CONCURRENCE:
Robert h . Keating, ArCP
Community Development rector'.
t1
FROM: Roland M. DeBI CP
Chief, Environmental Planning
DATE: April 4, 2001
SUBJECT: Frank Coffey Request that the Board Reconsider the Revised Map of the
County Environmental Lands Program Informational Brochure
It is requested that the information herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 10. 2001.
DESCRIPTION AND CONDITIONS
On March 20, 2001. the Board of County Commissioners approved a draft informational brochure about the
County Environmental Lands Program, with certain changes. One of the Board approved changes was a
revision to the map of conservation sites to encompass the entire county, not just the eastern portion of the
county. The map revision was also to include conservation lands in the county other than those purchased
with bond funds.
Staff has since revised the map along with minor text changes to the brochure. as directed by the Board.
Attached is a copy of the revised brochure.
Mr. Frank Coffey, who chaired the Informational Brochure Task Group. has seen the revised brochure and
objects to the revised map. In a letter dated March 29. 2001, to the County Commission (see attached). Mr.
Coffey expresses his concern that the revised map detracts from the Task Group's objective. which was to
develop a brochure about the conservation lands acquired with bond funds (only). In his letter. Mr. Coffey
urges the Board to revise the map to show only the lands purchased with bond funds, as recommended by
the consensus of the Task Group.
APRIL 10, 2001
-59-
4NAi.YSiS
When the Land Acquisition Advisory Committee (LAAC) reviewed the earlier draft of the brochure (on
February 28), the location map of acquired conservation areas was a point of discussion. Some members
felt the map, which at that time had an insert showing the portion of the county west of I-95, would be
difficult for the general public to understand. Others thought the map should only show sites acquired under
the program, and should not include "other conserved land" (similar to Frank Coffev's concern). The
majority of the LAAC voted, however, to recommend that the map be left as shown (as presented to the
Board on March 20, 2001).
Alternatives
Following are a number of alternatives regarding the map:
Show the entire county and other conservation lands in addition to lands acquired under the
bond program (as shown in latest draft)
2. Show the entire county with just lands acquired under the bond program.
3. Show half the county, including Fellsmere on the same scale and not as an insert, with other
conservation lands in addition to lands acquired under the bond program.
4. Show half the county, including Fellsmere on the same scale and not as an insert, with just
the lands acquired under the bond program.
At the April 10, 2001 Board meeting, staff will present draft maps to illustrate the alternatives.
Another consideration, as discussed by the Task Group, LAAC. and the Board, is whether or not the brochure
should be revised to a bigger size of 1 I" x 17" vs. the current layout of 8 '/2 " x 14." The Task Group's
position is that the brochure should stay at the 8 '/z" x 14" size. So far, the majonty of the LAAC and the
Board have also voted to leave the size as it is currently. Going to an 11" x 17" size would allow for a bigger
map, but would upset the overall layout due to changes that would occur in folding of the brochure. An 11"
X 17" size would also result in blank space that could be tilled with more information. That, however, would
bring the design process "back to square one" and would substantially delay brochure approval, production
and mailout.
Staff recommends that the Board of County Commissioners review the brochure map alternatives, as will
be presented by staff at the April 10 meeting, and finalize the brochure design.
1. Revised Environmental Lands Program Informational Brochure.
_'. 3/29/01 letter from Frank Coffey.
Environmental Chief Roland DeBlois, staff advisor to the Land Acquisition Advisory
Committee, displayed several revised maps and explained the differences and recommended
the following revised map:
APRIL 10, 2001
-60-
� 3L 85
APRIL 10, 2001
0
O
P:
CL
rx
U
N
W
r
w
LU
W
a
O
0.
VCy_C'J J.VN j7_LC L'OOC
L - V
q '�• L L Z_ u J _ C.
-
N
C
L d
Z
C• � F x- v� J T_ F _ L�
OW
\e�n�
.OA
i r
L.
Y
1�
JJ
Q
j L A U O D V� `9 •�'� S -J S C A 6 N
Sf
.
C �
> Y), Y,
W
L .ed x n > of LLa t n n 'E A o :.. ` A`
ul
O F
'^ N. bX u 3 n m u C FS v u m S— a• v T F
U�
T m u C VJ fV u h 6 PI d U C v Y t-! d'vi vi e 3< G
-61-
BK i 17 po 5j
�
L
L
�
u
-_
a
•�
v
c
_
-
t
C
^J
�
C
V
G
U
❑
�
L
R
C
�
3
F
❑
T
R
-
O
r
S
b
�
1
G
C
G
R
to
L
c
v
ui
r
C
'J
-
✓+
c
VCy_C'J J.VN j7_LC L'OOC
L - V
q '�• L L Z_ u J _ C.
-
N
C
L d
Z
C• � F x- v� J T_ F _ L�
OW
\e�n�
.OA
i r
L.
Y
1�
JJ
Q
j L A U O D V� `9 •�'� S -J S C A 6 N
Sf
.
C �
> Y), Y,
W
L .ed x n > of LLa t n n 'E A o :.. ` A`
ul
O F
'^ N. bX u 3 n m u C FS v u m S— a• v T F
U�
T m u C VJ fV u h 6 PI d U C v Y t-! d'vi vi e 3< G
-61-
BK i 17 po 5j
L
/
S
�
1
G
C
G
R
Y
VCy_C'J J.VN j7_LC L'OOC
L - V
q '�• L L Z_ u J _ C.
-
N
C
L d
Z
C• � F x- v� J T_ F _ L�
OW
\e�n�
.OA
i r
L.
Y
1�
JJ
Q
j L A U O D V� `9 •�'� S -J S C A 6 N
Sf
.
C �
> Y), Y,
W
L .ed x n > of LLa t n n 'E A o :.. ` A`
ul
O F
'^ N. bX u 3 n m u C FS v u m S— a• v T F
U�
T m u C VJ fV u h 6 PI d U C v Y t-! d'vi vi e 3< G
-61-
BK i 17 po 5j
Commissioner Adams commented that she could not accept several of the maps
displayed because the western portion of the county had been left out.
Commissioner Macht noted that the map is for use in the LAAC brochure which
attempts to show the lands which have been purchased through the LAAC program. There
was no intent to slight the western portion of the county, but just to present an up-to-date
report of the LAAC program.
Chairman Ginn wanted to include possible future actions, eco -tourism and the benefits
to the economy of the County.
Mr. DeBlois stated that the brochure does not get into what has not yet been acquired
nor a full analysis of the benefits of the program due to an effort to keep the brochure small
and concise.
Commissioner Adams noted that she preferred the Revision #I Map.
Chairman Ginn suggested that all lands purchased be in green, and Mr. DeBlois noted
that the titles would also be in green, rather than various colors depicting the types of lands.
Commissioner Macht emphasized that the brochure is the effort of LAAC to inform
the general public what has been done so far. Everything cannot be included and the
brochure is not as comprehensive as LAAC would like it to be, but it is simple and as direct
as possible.
Frank Coffey, 1335 River Ridge Drive, felt it was unfortunate that we are getting
hung up on the map while this is a reasonable brochure with a lot of information. The task
the committee was given was to identify the lands purchased with the bond funds in a
concise manner that would be most helpful to the public.
APRIL 10, 2001
-62-
BK 1 17 PG 857
Toni Robinson, 1111 Indian Mound Trail, commended Mr. Coffey and his group and
noted that she had been a committee member of LAAC since 1995. This brochure will be
the first one mailed to residents since LAAC's inception 10 years ago. She also had assumed
that eco -tourism and economic benefits would be included. She pointed out that eco -tourism
contributes greatly to the economy and other counties publicize their activities. She felt the
brochure should tell the residents what the program is doing for them
suggested the report include past, present and future actions.
MOTION was made by Commissioner Adams,
SECONDED by Commissioner Stanbridge, that the
Board approve Revision #2 or Alternate # 1.
She strongly
Commissioner Stanbridge felt the brochure should include some indication that the
program is not finished, and Chairman Ginn believed the title indicates the program is
ongoing.
Community Development Director Bob Keating noted that the brochure is only a part
of the overall program. After the brochure is sent out, there will be workshop meetings to
get input and then staff will come back and advise the Board.
Commissioner Tippin believed the brochure cannot accomplish everything desired but
the committee has done an excellent job with it.
APRIL 10, 2001
-63.
BK 1 17 PG 858
Commissioner Macht emphasized that the purchases have conserved the County's
groundwater. While the recent drought has caused our neighbors to the north and the south
to run dry, we have better recharge areas because of this program. Things will be very grim
in Florida in the coming years when sufficient water will not be available. If anything should
be added to the brochure. it should be the impact of the program on the County's water
recharge area.
Jim Granse, 36 Pine Arbor Lane, commented that he understood that the center part
of the county would be filled in and that is a migration area for birds and wildlife.
Commissioner Stanbridge noted that the portion of the county Mr. Granse referred to
is the headwater of the St. Johns River which is already marsh and has always been under
water.
THE CHAIRMAN CALLED THE QUESTION and
the Motion failed by a vote of 2 to 3 (Commissioners
Macht and Tippin and Chairman Ginn opposed).
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Tippin, the Board,
by a 3 to 2 vote (Commissioners Adams and
Stanbridge opposed), approved the staff
recommendation (use the revised map and move
APRIL 10, 2001
forward).
-64-
11.A.2. WESTERN LIER TRACT - AGREEMENT TO
PURCHASE A CONSERVATION EASEMENT AS COST -
SHARE OF FEDERAL ACQUISITION - PELICAN
ISLAND NATIONAL WILDLIFE REFUGE - THE
CONSERVATION FUND - FISH AND WILDLIFE
SERVICE
The Board reviewed a Memorandum of April 4, 2001:
TO: James E. Chandler
County Administrator
IN
HEAD
n
Robert M. {eating, AICP
Community Development Director
FROM: Roland M. DeBlol . AICP
Chief, Environmental Plannme
DATE: April 4. 2001
RE: Request for Approval of Agreement to Purchase a Conservation Easement as Cost -
Share of Federal Acquisition of the western Lier Tract Adjacent to the Pelican Island
National Wildlife Refuge
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of April 10. 2001.
1) Mae OR I W I raWWWORN 1110•
On April 6, 1999, the Board of County Commissioners adopted a resolution supporting federal acquisition
of Lier Groves and other properties on north Jungle Trail as a buffer to the Pelican Island National Wildlife
Refuge (PfNWR). Since that time, the U.S. Fish and Wildlife Service (FWS) has succeeded in purchasing
a number of the properties for inclusion into the refuge. The FNVS has been working with The Conservation
Fund (TCF), a non-profit corporation, to facilitate the acquisitions.
APRIL 10, 2001
-65-
Regardmg the Lier Groves property. the FWS has purchased one of two Lier tracts targeted for acquisition..
The remaining (western) Lier tract (-31.60 acres) is under an option contract for purchase by TCF (see
attached map). If TCF exercises its option. TCF will then sell the property to the FWS. The option purchase
price is —52.3 million (-573.000 per acre).
The FWS has requested that the County participate as a cost -share partner in the acquisition of the western
Lier tract. The western Lier tract consists of coastal mangrove wetlands (west of Jungle Trail) and citrus
grove (east of Jungle Trail). A —3.98 acre archaeological site, disturbed by grove operations. exists on the
property near Jungle Trail. The archaeological site. known as "The Pregnant Turtle Site," is documented in
the Florida Master Site File (see attached site form). The wetland portion of the property (--1.34 acres) is
within the County Land Acquisition Advisory Committee's (LAAC's) PfNWR Buffer acquisition project.
TCF has postponed its closing of the western Lier tract pending County consideration whether or not to
participate as a cost -share partner.
The FWS is requesting that the County participate as a cost -share partner in a similar way the County did
in 1995 when the "Kenned- Tract Buffer" LAAC site was purchased. The County participated in the
Kennedy Tract Buffer purchase by acquiring a conservation easement over the wetland portion of the site
(--24 acres) for a rounded sum of 5100.000.
LAAC Recommendation
On April 4, 2001, the LAAC held a special meeting to consider the cost -share participation request. After
considering a number of alternatives presented by staff (described herein), the LAAC voted unanimoush
to recommend that the Board of County Commissioners agree to participate as a cost -share partner by
expending 575.000 of county land acquisition bond funds to acquire a conservation easement over —1.34
acres of wetlands and a 30 foot wide upland edge buffer on the western Lier tract.
ANAi.YC
The PINWR Buffer LAAC site is ranked fifth on the current LAAC acquisition list. (The site is ranked fourth
if third -ranked Round Island South. which has been purchased, is excluded ).
TCF's acquisition of the western Lier tract is imminent, regardless of the County's cost -share participation.
Notwithstanding, the FWS is requesting that the Counry cost -share in some way, since the cost -share
partnership will help the FXVS in its pursuit of competitive grant funding for further acquisitions and
restoration within the refuge.
Environmental land bond funds are authorized for use by the County to acquire environmentally significant
lands. The Land Acquisition Guide defines "environnrenrallr significant lands" as follows:
1 "Lands with natural features thar warrant conservation and protection in the public interest. The term includes
those lands defined herein as "environmentally endangered. " "environmental!, imporianr" and
"environmentally sensitive " "En vironmeniallysign iticant lands" also include. native plant communities which
are not necessarily endangered but are pristine and representative of the community n pe. alrered ecosystems
t. with reasonable potential for restoration to correct environmental damage that has occurred; and lands with significant archaeological resources "
APRIL 10, 2001
ST4s
X61
Alternatives
Based on that definition, the County can choose to participate as a cost -share partner on the western Lier tract
in a number of ways, depending on what portions of the Lier tract the County deems to qualify for inclusion
in the PINWR Buffer LAAC site boundary. Following are some alternatives:
I. Linut the LAAC site boundary to wetlands only (-1.34 acres).
2. Include, along with the wetlands, an upland edge buffer -with reasonable potential for restoration.'
3. Include, along with the wetlands, the —3.98 acre archaeological site (which is adjacent to the wetland
and could serve the additional function of a restorable upland buffer).
If the County limits the LAAC site boundary to the wetlands only, and bases its cost -share participation on
the value of the wetlands, the County's contribution would be minuscule relative to the overall cost of the
property such that it would not be worth the effort. Assuming a per wetland acre value of 52,550 (the tax
assessed value of estuarine wetlands). the County's cost -share would be 53,417.
Under the second alternative, the County could deem some amount of grove upland as "restorable" and
include it in the LAAC project (along with the wetland acreage) as an upland edge buffer. The wetland edge
on the tract is 1.375 feet in length. Assuming a 30 foot wide upland edge buffer (which is the width of the
Jungle Trail protected area), and basing the upland value on the per acre purchase price (573,000), the
County's cost -share could be calculated as 572,767 ($73,000 x 0.95 = S69350 + S3.417 for the wetlands),
rounded to $75.000.
Under the third alternative, which would be to include the entire —3.98 acre archaeological site within the
LAAC site boundary (along with the wetlands), the value could be calculated as 5293.957 (3.98 x S7 1.000
+ $3,417 for the wetlands).
If the County chooses to participate, the County can satisfy its bond expenditure requirement of having an
interest to the propem' by obtaining a conservation easement (similar to the "Kenneciv Tract Buffer" LAAO
site cost -share approach). The easement would apply to the portion of the Lier tract determined to be within
the LAAC site boundary. The easement can be structured to allow the FWS to restore the upland to a natural
area. If the archaeological site (or a portion thereof) is included within the area and subject to the
conservation easement, it is possible to restore the archaeological site to a native upland without disturbing
the tntegnty of the archaeological resource via the application of a layer of fill prior to planting. The
conservation easement could be structured to address that issue.
1:70C•T• 1 •
Staff recommends that the Board of County Commissioners approve the attached agreement to participate
as a cost -share partner under the second alternative described herein. by expending §75.000 of county land
acquisition bond funds to acquire a conservation easement over —1.34 acres of wetlands and a 30 foot wide
upland edge buffer on the western Lier tract. Moreover. staff recommends that the Board authorize the Board
Chairman to execute the agreement, and authorize staff to coordinate with TCF and the FWS to close Countv
acquisition of the conservation easement.
ATTAC'HMFtiT4
I . Map of the subject property.2.'23/01 letter from Refuge Manager Paul Tntaik.
2. Proposed Agreement.
?. Florida Master Site File of "The Pregnant Turtle Site" (� IR 831).
APRIL 10, 2001
-67-
NIJ
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Agreement to
participate as a cost -share partner under the second
alternative by expending $75,000 of county land
acquisition bond funds to acquire a conservation
easement over - 1.34 acres of wetlands and a 30 -foot
wide upland edge buffer on the western Lier tract,
authorized the Chairman to execute the agreement,
and authorized staff to coordinate with The
Conservation Fund and the Fish and Wildlife Service
to close County acquisition of the conservation
easement, as recommended by staff.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.E. "SAVE OUR SENIORS" - ADDITIONAL HOMESTEAD
EXEMPTION FOR PERSONS 65 AND OLDEP - REPORT
ON IMPACT
The Board reviewed a Memorandum of March 21, 2001:
APRIL 10, 2001
-68-
B 1 1 17 P S 0 6 3
TO
THROUGH:
FROM
DATE
Members of the
Board of Commissioners
Joseph A. Baird
Assistant County Administrator
Jason E. Brown
Budget Manager
i
March 21, 2001
SUBJECT: Report on the Impact of "Save Our Seniors" Additional Homestead Exemption
for Persons 65 and Older
Background & Description
The State legislature enacted Chapter 99-341, Laws of Florida, effective July 1, 1999, which created
section 196.075, Florida Statutes. This law grants counties and municipalities the authority to approve
an additional homestead exemption of up to $25,000 for homeowners over age 65 who meet certain
income requirements. In order to receive the exemption, the homeowners must be eligible for the regular
homestead exemption and must have an annual household income which does not exceed $20.000 for
the prior year. The statute defines household income as the adjusted gross income reported on line 33
of IRS form 1040.
On January 9, 2001, the Board of Commissioners directed staff to research the additional exemption.
Staff has contacted the Office of Economic and Demographic Research (EDR) of the Department of
Revenue regarding their estimates for Indian River County. The EDR provided a list of other
governments that have implemented the additional exemption. This list also includes the number of
actual exemptions filed in each county. According to the EDR, actual filings have been substantially less
than their original estimates.
Since there has been such a significant difference between the EDR projections and actual experience,
staff has developed an independent estimate of the impact implementing "Save Our Seniors" would have
on Indian River County. Staff used information from EDR and other available local demographics in
preparing this estimate. A comprehensive analysis of the "Save Our Seniors" exemption is presented
in the attached report for review by the Board of Commissioners.
"Save Our Seniors" Additional Homestead Exemption
Analysis of Impact on Indian River County
Table 1 = Estimate of Impact on Ad Valorem Taxes
Based on Current Millage Rates and Lost Taxable Value
Estimated Est. Impact
FY 2000/01 Taxable on Ad Valorem
Find Millaae Rate Val a Lo 5
Taxes
General Fund 4.1014 $45,462,500 $186,460
M.S.T.U. Fund 1.4394 $25,551,654 $369779
Emergency Services
District 2 4913 $38 370 348 $95 592
Aggregate 7.0131 $45,462,500 $318,831
Land Acq Bond 0.2165 (Zdr Bao) Gnn &^ ^ A.
All Taxing Funds
N/A
Note: See Assumptions Section at end of report.
$459462,500 $328,674
APRIL 10, 2001BK I I � FIG 864
-69-
Budget Manager Jason Brown felt there would be a lower number of filings than
originally projected. Staff estimates that of the total homestead exemptions of 28,000, about
2,065 would be eligible for the additional exemption. The impact on ad valorem taxes would
be approximately $328,674 for all county taxing funds. Rather than a tax loss, it will be
more of a tax transfer to other residential and commercial properties.
Assistant County Administrator Joe Baird noted that the county is the only taxing
district the Board controls but emphasized that staff believes this is an outside number. The
state estimate was very high.
Commissioner Stanbridge stated that she had a number of calls regarding this issue
and some of the people who called were in a very critical financial position, having to decide
between paying for prescription drugs or property taxes.
Mr. Brown noted that, based on a $100,000 assessed value, those who qualify for the
additional exemption would see their taxes go from $618 to $415. Those who do not qualify
would only see an increase of approximately $3.82 based on the projections.
Chairman Ginn questioned whether the Property Appraiser has staff to deal with this
and what proof of income will need to be provided.
Property Appraiser David Nolte stated that his staff is ready and able to handle the
exemption and he believed the proof would be an income test, rather than an asset test.
Income tax returns would most likely be used.
Commissioner Macht felt this would establish an opportunity for fraud. He believed
that property taxes fall hardest on young families who are trying to establish a home. He did
not believe it would be a fair exemption and felt that the Legislature could have provided for
this additional exemption but wished to shift the burden down to the local level. He was
opposed to the additional exemption.
APRIL 10, 2001
-70-
Commissioner Adams believed this relief is needed for those seniors living on a fixed
income with prescription drug expenses.
Commissioner Macht strongly objected and noted that there are a lot of young couples
whose combined incomes are not sufficient to provide insurance for their families. Thev are
busy working and don't have time to appear before the Board to protest this action.
MOTION was made by Commissioner Stanbridge,
SECONDED by Commissioner Adams, to move
forward with the project.
County Attorney Paul Bangel offered to draft an ordinance for the Board's review.
Under discussion, Chairman Ginn noted that there are all kinds of people who need
help but seniors have quite a few benefits and prescription help is on the way.
THE CHAIRMAN CALLED THE QUESTION and
the Motion failed by a 2 to 3 vote (Chairman Ginn,
Commissioners Macht and Tippin opposed).
.1. SOUTH COUNTY PARK IMPROVE
E ORDER NO. 3. FINAL PA
The Board reviewed a Memorandum of April 3, 2001:
APRIL 10, 2001
-71-
TS - PHASE II -
QUEST AND
NSTRUCTION
BK1i7PG866
TO: James Chandler, County Administrator
THROUGH: James W. Davis, P.E., Public Works Director
FROM: Christopher J. Kafer, Jr., P.E., County Engineen l ,
SUBJECT: South County Park Improvements, Phase II - IRC Project No. 9624 - Change
Order No. 3, Final Pay Request and Release of Retainage
DATE: April 3, 2001
Indian River County executed the Construction Contract for South County Park Improvements.
Phase II on June 6, 2000. The original contract was $672,181.42. Two (2) previous Change Orders
changed the total contract time from 180 days to 227 days (no change in contract amount).
Change Order No. 3 is attached for approval. Due to inclement weather, the Contractor, Barth
Construction, Inc., is requesting an additional four days to bring the total contract time to 231 days.
The contractor has received 5591,731.57 to date and is requesting the release of retainage and final
payment in the amount of 580,449.85. The Contractor has submitted a signed Final Payment
Affidavit. A payment bond is in effect for this contract.
Approve
Change Order
No. 3 to extend the contract time by four
days and approve the request for
final pay
in the amount
of $80,449.85, which includes release of
retainage.
Deny Change Order No. 3 and the request for final payment.
Staff recommends approval of Alternative No. 1. Funding will be from Account No. 315-210-572-
068.05.
APRIL 10, 2001
-72-
e
w
0
Public Works Director Jim Davis noted that the contract had to be extended due to a
delay in issuing the building permit.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Macht, the Board
unanimously approved Change Order No. 3 to
extend the contract time by 4 days and approved the
request for final pay in the amount of $80.449.85,
which includes release of retainage, as recommended
by staff.
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.G.2. JUNGLE TRAIL SHORELINE PROTECTION -
CONSULTANT SELECTION - HAN-PADRON
ASSOCIATES
The Board reviewed a Memorandum of March 30, 2001:
APRIL 10, 2001
-73-
OK 117 PG 363
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
J
FROM: Jonathan C. Gorham, Ph.n�G
Environmental Analyst is
SUBJECT: Consultant Selection - Professional Services -
Jungle Trail Shoreline Protection
DATE: March 30, 2001
DESCRIPTION AND CONDITIONS
The consultant selection committee, consisting of Jonathan Gorham,
Environmental Analyst, Terry Thompson, Capital Projects Manager,
and Brian Poole, Environmental Planner, have reviewed proposals
from qualified firms for the design and permitting of shoreline
stabilization along a segment of Jungle Trail. This work is to be
accomplished under a matching funds agreement with the Florida
Inland Navigation District.
The committee met on March 29, 2001 to rank the proposals received.
After considering the selection criteria, the committee recommends
the following prioritized short-list:
1. Han-Padron Associates, Tampa
2. Carter Associates, Inc., Vero Beach
3. Sea Systems Corporation, Pompano Beach
RECOMMENDATIONS AND FUNDING
Staff recommends approval of the above short-list and authorization
to proceed with contract negotiation with the first ranked firm,
Han-Padron Associates.
APRIL 10, 2001
ON MOTION by Commissioner Stanbridge,
SECONDED by Commissioner Tippin, the Board
unanimously approved the short-list submitted by
staff and authorized staff to proceed with contract
negotiation with the first ranked firm, Han-Padron
Associates, as recommended by staff.
-74-
0
11.
101
WOODS HOLE GROUP, JEFFREY TABAR
The Board reviewed a Memorandum of April 3, 2001:
ENT -
TO: James E. Chandler,
County Administrator rrll
FROM: James W. Davis, P.E., .-�,
Public Works Director rj✓✓✓✓✓✓
SUBJECT: Professional Services Agreement for Coastal Management Program
and Work Order No. 1
DATE: April 3, 2001
Due to the large amount of work in Coastal Engineering, Staff would
like to retain the services of Jeffrey Tabar with the Woods Hole
Group to complete tasks already in progress. Costs not to exceed
$13,685. Since the amount is under $25,000, the Consultant
Competitive Negotiation Act (FS287.055)will not apply.
RECOMMENDATION G AND FUNDING
Staff recommends approval of both the Master Agreement and Work
Order No. 1. Funding to be from the Beach Preservation Fund 128-
144.
Professional Services Agreement
Work Order No. 1 to the Professional Services Agreement
APRIL 10, 2001
-75-
8� Pr 070
Frank Coffey, 1335 River Ridge Drive, questioned the 5 year agreement which is
open ended and believed there might be another work order involved.
Commissioner Adams noted that the agreement is limited to the amount of $13,600.
Public Works Director Jim Davis commented that there could be other work orders
involved but the amount would be kept under the CCNA cap and any other work orders
would have to come back before the Board.
ON MOTION by Commissioner Adams,
SECONDED by Commissioner Stanbridge, the
Board unanimously approved the Professional Civil
Services Master Engineering Agreement for Coastal
Management Program and Work Order No. 1 with
The Woods Hole Group, as recommended by staff.
AGREEMENT AND WORK ORDER ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. RESOLUTION 1001_644 _
PURCHASE AND LEASE BACK
The Board reviewed a Memorandum of April 3, 2001:
APRIL 10, 2001
-76.
p
Paul 6 Bangel, Counn :mornev' 'Board Cerutied, urr, Lounn and ucal
C dham G COLms II, Depun Counn Atromec'
MEMORANDUM
TO: The Board of County Commissioners
FROM: ,c i William G. Collins II — Deputy County Attorney
DATE: April 3, 2001
SUBJECT: Humane Society Property Purchase
and Lease -Back
At its February 13th meeting the Board of County Commissioners agreed to
purchase and lease back the existing Humane Society facility until such time as a
new home for the Humane Society was constructed.
Presented today for your consideration is a resolution approving a lease of the
property to the Humane Society for a term of five years or until 90 days after they
are issued a Certificate of Occupancy for their new facility, whichever occurs first.
Also presented is a Contract for the Sale and Purchase of Real Property and
Related Matters, as well as a Lease for the existing facility. The County will be
paying the Humane Society $380,000 as well as committing $20,000 to future
paving of 77th Street and provide compensation to the Humane Society for 13
ERUs of sewer capacity and three ERUs of water capacity.
Recommendation:
Approve the attached resolution authorizing the Lease; authorize the Chairman
to execute the Contract for the Sale and Purchase of Real Property and Related
Matters; authorize the Chairman to execute the Lease -Back of the existing facility
to the Humane Society.
Deputy County Attorney Will Collins noted that the lease does not include the
required language regarding liability insurance. He has spoken with Attorney McDonough
of the Humane Society and they have agreed to add that language to the lease,
APRIL 10, 2001
-77-
BK 1 17 PG 872
Joan Carlson, Executive Director of the Hu
Of appreciation: mane Society, read the following letter
BOARD OF DIRECTOR!
Oonakt N Wngr.
Pr,ary,M
Jan, L Ca n%&nn
IW VK, PYavywK
hraw,m J smKn M.D.
2nar Vc. prv& NW
OseoronA Vkkt
Oavp K. Brower. CPA
rroaurw
Eisen E. Dwn4
Sacnrary
Lrgran M. Backer
Al,aanow p Canwn
J. Owtn, CIuR
Barbara w. Even
Cana K. Cwova
Jona. D. Ge"""
Davw C. Nal,
Rkram N. Prpbwt
CymTa Wabb•N4tp
post President
Nancy N. Bong
ADVUORY BOARD
Card M, earrowa
JoAnn M. Backer
COAbabr M. BMs,. DVM
Fraowrck M. Cook
SuzBnnO M. Coyer
Kom J. Crpy
Peterk INN
Laury B. is k
Jan, S. Klug
L,Wa V. Obwkoaw. pNO
V,gaaa R. Schwan
Barbara Jean sm+r
Owns C. Starck
HONORARY BOARO
Mr. wwr N. Codd are
Nwan B. Dwewn
Mr. Nome C. Fay
Mn. O,an D. Lockvmw
Joan Carj a
&@cuava O,.wr
Oavey N, gayabwpn
DOranr Rachay
Buarr,.y 4orragor
The Humane Society of Vero Beach R.
Indian River County, FI., Inc.
P. O. Box 644 • Vero Beach • Florida • 32961-0644 DISTRIBUTION 11 T
Commissioners / timLy
Administrator
RECEIVED Attorney.
2QPersonnel
April 10, 2001
�r� = Public Works
•� t
BOARD OF Communityoev.
COUNTY Utilities
Caroline Ginn, Chairperson COMMISSION Finance
Indian River County Board of Commissioners OMB
1840 25th Avenue Emerg. Serv.
Vero Beach, Florida 32960 Risk Mgt
Dear Chairperson Ginn: other ��—
The Humane Society, it's members and many supporters wish to thank you, the
County Commission and staff, for your support regarding our shelter relocation
due to the discovery of ground water contamination.
We are comforted in knowing that the partnership with the County truly exists,
not only in providing vital services to the community but also at a time of great
need. Without your assistance, relocation would not have been feasible.
The Humane Society is committed to meeting the future needs of the
community through our continued partnership with the County and the
construction of new shelter facilities.
Please accept this plaque as an expression of our sincere appreciation and be
our honored guests for our Ground Breaking Ceremonies at our new Hobart
Road location on Sunday, May 6, 2001.
With sincere appreciation,
Joan Carlson
Executive Director
APRIL 10, 2001
—78—
Ms. Carlson also presented a plaque to the Board and invited them to the
groundbreaking ceremony at Hobart Park on Sunday, May 6. She also expressed the
Humane Society's appreciation for the Board's continued support and commitment.
Attorney Wayne McDonough confirmed that they have agreed to the addition of the
liability insurance provision in the lease.
Commissioner Adams questioned the provision that the County would maintain the
lift station, and Attorney Collins stated that the Utility Department wants to take over the
maintenance.
Assistant County Administrator Joe Baird confirmed that the lift station will be used
during the contamination cleanup and that was part of the arrangement made.
APRIL 10, 2001
ON MOTION by Commissioner Macht,
SECONDED by Commissioner Tippin, the Board
unanimously approved and authorized the Chairman
to execute the Contract for the Sale and Purchase of
Real Property and Related Matters and the Lease -
Back of the existing facility to the Humane Society,
and adopted Resolution 2001-044 approving a lease
of County property to the Humane Society of Vero
Beach and Indian River County, Inc.
CONTRACT AND LEASE WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
-79-
RESOLUTION NO. 2001- 044
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING A LEASE OF COUNTY
PROPERTY TO THE HUMANE SOCIETY OF VERO
BEACH AND INDIAN RIVER COUNTY, INC.
WHEREAS, Indian River County has agreed to purchase the current
facility and property operated by the Humane Society of Vero Beach and Indian
River County, Inc. (HUMANE SOCIETY); and
WHEREAS, the HUMANE SOCIETY needs to maintain its operations until
a new facility is constructed; and
WHEREAS, the HUMANE SOCIETY has made application to Indian River
County to lease its current facility and property until such time as the new facility
is constructed; and
WHEREAS, the Board of County Commissioners has found that the
property is not currently needed for County purposes and that the use of the
Property as an animal shelter and for educational activities and other related
Purposes serves to promote the general health, safety, and welfare of the
citizens of Indian River County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. That the HUMANE SOCIETY has made application for the lease of
certain real property and facilities as described in Exhibit "A" attached.
2. That the leased property is to be used for an animal shelter and for
related educational activities and other purposes of the HUMANE SOCIETY.
APRIL 10, 2001
-80-
3.
RESOLUTION NO, 2001- 044
That the term of the lease will be for five years or until 90 days after
the HUMANE SOCIETY receives a Certificate of Occupancy for its new facility,
whichever is earlier.
4. That the rental consideration for the lease shall be One Dollar
($1.00) per year payable Five Dollars ($5.00) in advance.
The resolution was moved for adoption by Commissioner
Macht and the motion was seconded by Commissioner
Ti ppi n , and, upon being put to a vote, the vote was as follows:
Chairman Caroline D. Ginn Aye
Vice Chairman Ruth M. Stanbridge Aye
Commissioner Fran B. Adams Aye
Commissioner Kenneth R. Macht Ayp
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 10th day of April, 2001.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By �Q.c•�.rc. �. �.«,
Caroline D. Ginn, Chairman
ATTEST: Jeffrey K. Barton, Clerk
APPROVED AS TO FORM
V ►� AND LEGAL SUFFICIENCY;
Deputy Cler OY Let'`r
CC;�>
LLIAM G. CO'_L iS I
"eUTY COUNTY ATTORNEY'
2
APRIL 10, 2001 B1(
-81-
I 17 PG' 8%�
EXHIBIT "All
(a) North 660 feet of the East 20 acres of Tract 10, Section
South, Range 39 East, according to the last general plat 2 lands of I
River Farms Company filed in the Office of the Clerk of 28 Township 32
St. Lucie County, Florida in Plat Book 2, Page 25; all beingradian
Indian River County, Florida. the Circuit Court of
situated in
(b) The West 50 feet of the North 660 feet of Tract 9, Se
32 South, Range 39 East, according to the last general lot
the Indian River Farms Company recorded in Plat Book 20 Pati Township
Public Records of St. Lucie Coun p of the lands of
ty, Florida. 9e 25 of the
Less the North 30 feet for canal right -Of -way -
Now lying in Indian River County.
(c) Parking areas described in existing lease agreements dated October 16,
3
APRIL 10, 2001 BK 17 PG 8 7 7
-82-
11
UPPORT FOR INDI
OPEN -
The Board reviewed a letter of April 9, 2001:
!Chn C.. Kurt[
( harrman. 60arC o. fbr.rrnrc
Jeffrry I . Susi
PrciidcrlL Chid Fxorurrvr Oincar
April 9, 2001
The Honorable Caroline Ginn
Chairman
Board of County Commissioners
1840 25h Street
Vero Beach, FL 32960
Dear Chairman Ginn:
—L
ECEI�;�
APR. 0 9 200i
CLERK TO THE BOARD
For the first time in more than five years the State of Florida has published a need for an
additional adult open-heart program in District 9, which encompasses Indian River County south
to the Broward County line. Indian River Memorial Hospital has decided to reapply to the state
for approval to perform open-heart surgery. Although our first application was preliminarily
denied, IRMH is continuing to appeal that decision as well.
As in the past, the application process requires that FRMH demonstrate the need for this program
in our community. A letter of support from the Board of County Commissioners, as well as from
individual County Commissioners, will help enable us to reinforce our position that an adult
open-heart surgery service is vital to the health and well being of Indian River County's adult
population. This is especially so when the residents of our county must travel out of county to
obtain not only open heart surgery, but other cardiac services such as angioplasty, a life-saving
procedure for heart attack victims.
Please address your letter of support to the office listed on the attached sheet. If you would then
return your letter to me by April 13, 2001, we will include it with our application. As you
compose your letter, please consider including the following key points:
APRIL 10, 2001
43-
B 1 1 7 Pi 878
IT
• Since October 1999 more than 600
Indian River County to undergo open he�artsurgery 0atients r othe�i�d to facilities outside
• These transfers led to anxiety, delay and additional OnarY Procedures.
• Primary care physicians will gain direct and • expense for patients and their families
open heart surgery or coronary immediate access to their patients following
• An open heart sures angioplasty Performed at Indian River Memorial Hospital.
indigent residents of e county. improve iR1�i will prove non -emergency access to services for
• There are no public hospitalsovi
pr ding open heart surgery in adjacent counties.
Thank you for your consideration. Your support would be very helpful in
approval for an adult open heart surgery proms Please do not hesitate t IRoc m� odd to
You have any questions or concerns.
Sincerely,
y L usi
President & Chief Executive Officer
Please address your letter supporting IIZMH>s certificate of need a lication for adult o
surgery service to: pp pen heart
Agency for Health Care Administration
Certificate of Need Office
Fort Knox Executive Center
2727 Mahan Drive, Building 3
Tallahassee, FL 32308
Please return your letter to Jeffrey L. Susi, president & Chief Executive Officer, Indian.
River Memorial nospita4 1000 36t° Street, Vero Beach, FL 32960.
APRIL 10, 2001
ON MOTION by
Commissioner Macht,
SECONDED by Commissioner Tippin, the Board
unanimously approved a letter of
executed by the Chairman,
support to be
COPY OF LETTER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
-84-
PUG 79
14.A. EMERGENCY SERVICES DISTRICT
None,
14.11. SOLID WASTE DNPOCAl, n1QTi?rrrr
1
None.
None.
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:32 a.m.
ATTEST:
.
J. K. Barton, Clerk Caroline D. Ginn, Chai man
Minutes Approved: 1-::) -
APRIL 10, 2001
B► f PG 000
.85.