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Home My WebLink About11/1/1978i WEDNESDAY, ^JOVEM.*3ER 1, 1973 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, `FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO REACH, FLORIDA, ON WEDNESDAY, NOVEMBER 1, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W.' SIEBERT, .JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS;JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND DEL COPELAND, FIRST METHODIST CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 21, 1978. THERE WERE NONE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 21, 19781 AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 281 1978. COMMISSIONER LOY REQUESTED THAT ON PAGE S, PARAGRAPH 4, THE PHRASE "THEY HAVE NO WATER SUPPLY WHATSOEVER NOW... " BE CORRECTED TO READ "THEY HAVE THEIR OWN WELL WATER SUPPLY...." THIS CORRECTION HAVINGABEEN MADE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 28, 1978, AS WRITTEN. THE BOARD NEXT DISCUSSED THE CLERK'S AGENDA, AND FINANCE OFFICER BARTON EXPLAINED THAT THE TWELVE BUDGET AMENDMENTS RECOMMENDED BY HIM ARE ALL THAT IS NEEDED TO CLEAR UP LAST YEAR'S BOOKS. Nov 1 1978'37 7 a ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATIONS FOR A PERMIT TO CARRY A CONCEALED FIREARM.OF THE FOLLOWING: WELLFORD E. HARDEE CLAUDE A. BEATTY EARL SMITH MICHAEL L. WODTKE MICHAEL J. GERBHARDT WESLEY U. NEWCOME .JAMES RICHARD ROTT RICHARD J. AMOS ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE DATA PROCESSING SUBSCRIPTIONS 01-2551-332.00 $ 1. COURTHOUSE & ANNEXES 01-2670-338.00 9. REFUSE DISP. SYSTEM - LANDFILL 01-4210-341.03 4008. COUNTY PLANNING RENT -EQUIPMENT 01-2780-331.10 89. RESERVE FOR CON- TINGENCIES 01-9990-701.00 $4107. MIS. SUPPLIES 02-4102-204.00 285. RESERVE FOR CON- TINGENCIES 02-9990-701.00 285.E ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET -AMEND- MENT: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE ROAD AND BRIDGE OFFICE EXPENSE 02-4102_205.00 $ 90.00 RESERVE FOR CON- TINGENCIES 02-9990-701.00 $• 90.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING AMENDMENT FOR THE BOARD OF COUNTY COMMISSIONERS ADVERTISING ACCOUNT: NOV I 1978 2 1 11 1 I ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE ADVERTISING 01-2101-333 $ 600. RESERVE FOR CON- TINGENCIES 01-9990-701.00 $ 600. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT=FOR ROAD BRIDGE: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE MISC. SUPPLIES & EXPENSE 02-4102-204 $ 160.00 RESERVE FOR CON- TINGENCIES 02-9990-701.00 $ 160.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT FOR CIVIL DEFENSE: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE COMMUNICATIONS 01-3991-335 $ 48.00 RESERVE FOR CON- TINGENCIES 01-9990-701.00 $ 48..00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT FOR THE PUBLIC TITLE DEFENDER: ACCOUNT PUBLIC DEFENDER ACCOUNT No. 03-2333-301.07 CREASE $ 439.00 DECREASE. RESERVE FOR CON- TINGENCIES 03-9990-701.00 $ 439.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING $UDGET AMEND- MENT FOR THE EQUIPMENT RENTAL ACCOUNT OF THE CLERK: ACCOUNT TITLE 'ACCOUNT No. INCREASE DECREASE EQUIPMENT RENTAL 01-2102-331 $ 210.00 RESERVE FOR CON- TINGENCIES 01-9990-701 $ 210.00 ON MOTION BY COMMISSIONER Loy, -SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT FOR. OFFICE EXPENSE FOR THE BOARD OF COUNTY COMMISSIONERS: 3 • A w NOV 1 1978 0 4 ACCOUNT TITLE OFFICE EXPENSE ACCOUNT No. 01-2101-205 INCREASE DECREASE $ 200.00 RESERVE FOR CON- TINGENCIES 01-9990-701.00 $200.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT TO PROVIDE ADDITIONAL FUNDS TO THE VARIOUS ACCOUNTS: ACCOUNT TITLE ACCOUNT ADMINISTRATOR - SALARIES No. 01-2104-102.00 INCREASE DECREASE $1,198. COURTHOUSE & ANNEXES - SALARY 01-2670-102.00 1. VETERANS OFFICE - SALARIES 01-2991-102.00 5. WELFARE OFFICE - SALARIES 01-5220-102.00 207. ADMINISTRATOR - RETIREMENT 01-2104-105.01 11. VETERANS OFFICE - RETIREMENT 01-2991-105.01 1. WELFARE DEPT. - RETIREMENT 01-5220-105.01. 19. BOARD OF CO. COMM. - FICA 01-2101-105.02 2. COURTHOUSE & ANNEXES - FICA 01-2670-105.02 1. VETERANS OFFICE - FICA 01-2991-105.02 1. WELFARE DEPT. - FICA 01-5220-105.02 14. AGRICULTURAL AGENT & ECONOMIST - FICA 01-6302-105.02 1. BLDG. & ZONING CITY - VERO BEACH 01-3440-304.01 12,000. BOARD OF CO. COMM. - PROFESSIONAL SERV. 01-2101-341.01 2,900. BOARD OF CO. COMM. - OFFICE EXPENSE 01-2101-205.00 105. COURTHOUSE & ANNEX - INST. SUPP. 01-2670-202.00 230. COURTHOUSE & ANNEX - MAINT. OF EQUIPMENT 01-2670-338.00 7. PARKS DEPT. - MISC. SUPP. 01-6102-204.00 26. RESERVE FOR CONTIN- GENCIES 01-9990-701.00 $16,729. 4 NOV 1 197837 160, I 4 0 m ROAD & BRIDGE - OFFICE EXPENSE 02-4102-205.00 $ 29.00 RESERVE FOR CON- TINGENCIES 02-9990-701.00 $ 29.00 YOUTH WORK & TRAINING- SALARIES 03-5341-102.00 51.00 YOUTH WORK & TRAINING - FICA 03-5341-105.02 1.00 RESERVE FOR CON- TINGENCIES 03-9990-701.00 $ 52.00 BLDG. & CONING, OTHER SERV.- CITY OF VERO BEACH 62-3440-304.01 $3,215.00 RESERVE FOR CON- TINGENCIES 62-9990-701.00 $3,215.00 MEDICAID- HOSPITAL 01-5222-315.00 $3,795.00 RESERVE FOR CON- TINGENCIES 01-9990-701.00 $3,795.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE BOARD OF CO. COMM.- MISC. SUPPLIES 01-2101-204 $ 83.00 BOARD OF CO. COMM. - ADVERTISE 01-2101-333 130.00 RESERVE FOR CON- TINGENCIES 01-9990-701.00 $ 213.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT: TITLE ACCOUNT No. INCREASE DECREASE ACCOUNT COURTHOUSE & ANNEXES - UTILITY 01-2670-340.00 $ 720.00 COUNTY PLANNING OFFICE EXPENSE 01-2780-205.00 54.00 t�IISCS SUPPLIES 91-6192-204.09 27.09 RESERVE FOR CON- TINGENCIES 01-9990-701.07 5 801.00 E fuz 1,61 . ACCOUNT TITLE ACCOUNT 'J0. INCREASE DECREASE ROAD & BRIDGE MISC. SUPPLIES 02-4102-204.00 $ 18.00 ROAD & BRIDGE - OFFICE ExPENSE 02-4102-205:00 56.00 ROAD & BRIDGE - 4 UTILITIES 02-4102-340.00 505.00 RESERVE FOR CONTIN- GENCIES 02-9990-701.00 $ 579.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT: ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE COUNTY ADMIN. EMPLOYEE INS. 01-2104-106.00 $ 309.00 ELECTIONS OFFICE EXPENSE 01-2441-205.00 421.00 CIVIL DEFENSE EMPLOYEE INSURANCE 01-3991-106.00 34.00 WELFARE SERVICE FOOD & DIETARY 01-5221-326.00 8.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $ 772.00 ROAD & BRIDGE CITY- VERO BEACH 02-4102-304.01 1.00 ROAD & BRIDGE-CI.TY SEBASTIAN 02-4102-304.03 1.00 RESERVE FOR CONTINGENCIES 02-9990-701.00 $ 2.00 PROFESSIONAL SERVICES 03-3990-341.01 1,666.00 RESERVE FOR CONTINGENCIES 03-9990-701.00 1,666.00 PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT TEMPLE LAKE ESTATES SUBDIVISION DOES MEET COUNTY REGULATIONS AND IS RECOMMENDED FOR TENTATIVE APPROVAL. HE NOTED THEY DID MAKE SOME CHANGES IN EASEMENTS, AND THERE WILL BE NO ACCESS FROM R. D. CARTER ROAD. ENGINEER .JAMES BEINDORF STATED THAT TEMPLE LAKE ESTATES SUBDI- VISION IS LOCATED AT THE SOUTHWEST CORNER OF 43RD AVENUE AND R. D. CARTER ROAD. IT IS A HEAVILY WOODED TRACT, AND THEY ARE TRYING TO KEEP THE ACCESS AWAY FROM R. D. CARTER ROAD TO MAKE IT MORE SECLUDED. HE CONTINUED THAT THIS IS VACANT LAND AND WILL BE PLATTED INTO 1/2 ACRE LOTS, MR. BEINDORF ALSO NOTED THAT THE PLANNING & ZONING COMMISSION HAD NO OBJECTION TO MEANDERING THE PAVING WITHIN THE RIGHT-OF-WAY IN ORDER'TO SAVE TREES. 6 7 mu 8 ATTORNEY COLLINS ASKED IF IT IS NECESSARY TO HAVE XlY REAR LOT EASEMENTS SEPARATING UNITS 1 AND 2 AND 1 AND 3. ENGINEER BEINDORF STATED THAT THE UTILITIES WILL ALL BE IN THE ROADWAY AND THE ELECTRIC WILL BE UNDERGROUND. THE LOTS ARE DESIGNED TO °DRAIN TOWARD THE STREETS SO THEY DO NOT HAVE DRAINAGE DITCHES IN THE REAR. HE FURTHER NOTED THAT THE NEARBY SOUTH RELIEF CANAL KEEPS THE WATER TABLE LOW. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF TEMPLE LAKE ESTATES SUBDIVISION. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS ISSUED THE FOLLOWING PROCLAMATION DESIGNATING NOVEMBER 12-18. 1978 AS AMERICAN EDUCATION WEEK. A P R O C L A M A T I O N WHEREAS, The schools represent the best efforts of the community, the state, and the nation to improve the quality of life; and WHEREAS, Defining the schools' goals and evaluating their results are the responsibilities of an informed and in- volved citizenry; and WHEREAS, There is a widespread need for better communi- cation and more cooperative relationships between pro-. fessional educators and the community, Now, Therefore, be it proclaimed by the Board of County Commissioners of Indian River County, that November 12 - November 18,, 1978, shall be designated as American Education Week and all citizens are urged to 1) Reaffirm their commitment to improving education on all levels, and 2) Translate that commitment into action by visiting local schools. William C. Wodtke., Jr., Chairman Board of County Commissioners of Indian River County 7 NOV 1 1978 37 w16 - -7 - ED REGAN, COMMUNITY DEVELOPMENT DIRECTOR, REQUESTED APPROVAL TO ATTEND THE THIRD ANNUAL COUNTY COMMUNITY DEVELOPMENT CONFERENCE IN MIAMI. HE NOTED THIS WILL BE A MEETING OF REPRESENTATIVES OF ALL OF THE COUNTIES THROUGHOUT THE UNITED STATES, AND THERE WILL BE MEMBERS OF THE U.S. CONGRESSIONAL STAFF AT THIS MEETING. '"'IR. REGAN INFORMED THE BOARD THAT RURAL COUNTIES ARE NOT GETTING ADEQUATE MONEY FROM HUD AND HOPE TO BE ABLE TO ACCOMPLISH SOME CHANGES IN THE LEGISLATION. HE, THEREFORE, WISHED TO ATTEND IN ORDER TO SUPPORT MAKING MORE MONEY AVAILABLE TO RURAL AREAS, CHAIRMAN WODTKE STATED THAT WE WERE TURNED DOWN ON OUR RECENT APPLICATION. FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND WHILE RURAL COUNTIES APPLIED FOR SIX MILLION, ONLY $92,791 WAS FUNDED. SIR. REGAN NOTED THAT WE FILED A SINGLE PURPOSE APPLICATION SO WE COULD USE THE GRANT FUNDS THROUGHOUT THE COUNTY, BUT THE FEDERAL GOVERNMENT LIKES YOU TO OPERATE MAINLY IPJ ONE AREA IN ORDER TO BE ABLE TO SEE THE IMPACT MORE CLEARLY. SIR. REGAN STATED THAT BECAUSE OF THIS, THE COUNTY PROBABLY WOULD GO FOR A COMPREHENSIVE riRANT IN THEIR NEXT APPLICATION AND DEVELOP JUST ONE AREA INTENSIVELY. HE FELT THERE IS A NEED FOR CLOSE MONITORING OF FEDERAL ACTIVITIES FROM THE STANDPOINT OF THE RURAL COUNTIES. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE:BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR COMMUNITY DEVELOPMENT DIRECTOR REGAN AND A COMMISSIONER TO ATTEND THE THIRD ANNUAL COUNTY COMMUNITY DEVELOPMENT CONFERENCE IN MIAMI, NOVEMBER 15 THROUGH NOVEMBER 17, 1978. ITEM 6 IN REGARD TO A RELEASE OF EASEMENT REQUESTED BY .JOHN WELTON WAS WITHDRAWN FROM THE AGENDA UNTIL THE NEXT MEETING. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 10 S i NOV ae c 3� �97� a VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a _,�/ 1 6--7 Cc) in the matter of _L - 172 r ' z r 79 -29 - in 9 -29 - in the , I q 2�J Court, was pub- lished in said newspaper in the issues of f �■ / 2 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper.. Sworn to and subscribed before me this �:Z—da of A.D..__G_Z_LT. (Business anaged (Clerk of the Circuit Court, Indian Rive nty, Florida) (SEAQ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on November 1, 1978, at 9:30 A.M. in the County Commission Chambers of the Indian River County Courthouse to consider the adoption of: An Ordinance amending Indian River County Emergency Ordinance 78.25, by adding to said Ordinance an additional Section designated Section 14, which Section shall require a survey, signed and sealed by a professional surveyor licensed in the State of Florida, to accompany building permit ap- plications where construction will occur in special flood hazard areas; establishing requirements for the survey; establishing the requirements for issuance of a certificate of occupancy; and establishingan effectivedate. Board of County Commissioners of Indian River County, Florida By--s-William C. WodtkeJr., Chairman Oct. 11 1978. ATTORNEY COLLINS STATED THAT THIS IS AN AMENDMENT TO THE FLOOD ORDINANCE RECENTLY ADOPTED. HE INFORMED THE BOARD THAT THE PRE— VIOUS ORDINANCE WAS SENT TO THE APPROPRIATE FEDERAL BODIES, AND THEY HAVE INDICATED IN ORDER FOR IT TO BE ACCEPTABLE, ONE ADDITIONAL SECTION NEEDS TO BE INSERTED IN REGARD TO SURVEYS REFLECTING ELEVATIONS PRIOR TO BUILDING PERMITS BEING ISSUED IN CERTAIN AREAS. ATTORNEY COLLINS CONTINUED THAT HE HAS PREPARED A SECTION WHICH HE FEELS WILL BE ACCEPT— ABLE AT THE FEDERAL LEVEL, AND THIS AMENDMENT IS JUST TO INCLUDE THE ONE ADDITIONAL PROVISION. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER.LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 78-32 AMENDING ORDINANCE 78-25. 9 NOV i 19783 lob U INDIAN RIVER COUNTY ORDINANCE NO. 78-32 AN ORDINANCE AMENDING ORDINANCE 78-25 BY ADDING A NEW SECTION, DESIGNATED SECTION 14, WHICH SECTION SHALL REQUIRE A SURVEY, SIGNED -AND SEALED BY A PRO- FESSIONAL SURVEYOR LICENSED IN THE STATE OF FLORIDA, TO ACCOMPANY BUILDING PERMIT APPLICATIONS WHERE CONSTRUCTION WILL OCCUR IN SPECIAL FLOOD HAZARD AREAS; ESTABLISH REQUIREMENTS FOR THE SURVEY, AND ESTABLISH THE REQUIREMENTS FOR A CERTIFICATE OF OCCUPANCY BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 78-25 is hereby amended by adding a new Section 14, which Section shall read as follows: Section 14. SURVEY TO BE ATTACHED TO BUILDING PERMIT APPLICATION: Within those unincorporated areas of Indian Ri r County designated as special flood hazard areas by the flood maps, all building permit applications for the construction or substantial improvement of residential and nonresidential structures including pre- fabricated and mobile homes shall be accompanied by a survey, signed and sealed by a professional surveyor licensed in the State of Florida, which specificially designates the elevation of the graded or final building pad of the site and of the proposed first` floor of construction of such new structure or substantial improvement to existing structures. Such survey shall be attached to the building permit and must be approved as meeting the. requirements of this Article by the building official of Indian River County prior to the issuance of a building permit. Before a certificate of occupancy is issued for the structure, the building official of Indian River County shall inspect the premises to assure that the requirements of this Article have been met. THIS ORDINANCE SHALL BECOME EFFECTIVE ON NOVEMBER 6, 1978. `7 Aft NOV 1 1978 b ATTORNEY COLLINS INFORMED THE BOARD THAT THERE ARE A NUMBER OF GRAY AREAS IN REGARD TO IMPLEMENTATION OF THE FLOOD ORDINANCE, AND THE PLANNING DEPARTMENT HAS RECOMMENDED THAT WE TRY TO SOLVE SOME OF THESE ON A LOCAL LEVEL BY ADDING A VARIANCE SECTION TO TiE ORDINANCE. 4 THE ATTORNEY FELT THE VARIANCE BOARD COULD HANDLE SUCH MATTERS AND STATED THAT SUCH A SECTION WAS NOT ORIGINALLY INCLUDED AS THEY WERE TRYING TO KEEP THE ORDINANCE AS BRIEF AS POSSIBLE. SIE CONTINUED THAT HE FEELS THERE IS A NEED FOR THIS AND HE WOULD LIKE AUTHORIZATION TO ADVERTISE. COMMISSIONER SIEBERT INQUIRED IF SUCH A SECTION 111ILL BE ACCEPTABLE AT THE FEDERAL LEVEL, ATTORNEY COLLINS STATED THAT HE HAS A FORM ORDINANCE WHICH WAS SUBMITTED TO US AS SOMETHING VIE SHOULD ADOPT VIITiOUT CHANGES, AND HE WILL DRAW UP THE VARIANCE SECTION TO BE CONSISTENT WITHIN THAT FORM.. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO BE SURE SUCH A SECTION IS ACCEPTABLE BEFORE IT IS OFFICIALLY ADOPTED, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE AN AMENDMENT TO THE FLOOD ORDINANCE TO PROVIDE FOR A VARIANCE SECTION. IN REGARD TO AN AMENDMENT TO THE MINING ORDINANCE, ATTORNEY COLLINS INFORMED THE BOARD THAT THE PLANNING DIRECTOR HAS REQUESTED THAT THE BOARD NOT TAKE ANY ACTION ON THIS AND LET IT GO THROUGH THE PLANNING & ZONING COMMISSION AND COME BACK THROUGH THE REGULAR CHANNELS, THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING IOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: a 11 NOV 1 1978 37 fkf�'17 m 4 VERO BEACH PRESS401.1 NAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being n in the matter of In the / 1 Court, was Pub- lished in said newspaper in the issues Of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero .Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, cotnmission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. f /� Sworn to and subscribed before me s y ofL.:.L.L+ _ A.D. -- 22 7 rfi'Ny� . } - usmess Managerly (Clerk of the Circuit Court, Ind"River County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of 8:30 a.m. Wednesday, November 1, 1978, for the following: one (1) new or nearly new Portable Air Compressor and One (1) new latest model 600tbs. Sand Blasting Package Specifications, instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 115, County Court Nouse, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be submitted in an envelope securely sealed and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room Iis, County Court House, Vero Beach, Florida, 32960. Proposals received after 9:30 a.m. November 1, 1918, will be returned unopened. Indian River County, Florida Board of county Commissioners By: William C. Wodtke Jr., Chairman Oct. 18, 22,1978. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: W. W. WILLIAMS COMPANY, JACKSONVILLE NO BID SULLAIR CORPORATION, ORLANDO 160 GP COMPRESSOR ONLY $9,800.00 HIGHWAY EQUIPMENT& SUPPLY CO., ORLANDO WORTHINGTON COMPRESSOR $9,832.00 DIESEL AIR COMPRESSOR $11,000.00 EMPIRE SAND BLASTER $1,585.00 M. D. FOODY & SONS, TAMPA SULLAIR MODEL 150 AIR COMPRESSOR $9,658.00 $ ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. S Y 12 1 tlr" NOV 1 197 J 4 6 U THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: .t VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Flt copy o Beach the attached weekly f advertisement, etiper published being ei at Vero Beach in Indian River County, Florida; at a �n7t_t- -----in �� in the Court. was pub- lished in said newspaper in the Issues of r�� % % 7 P Affiant further says that the said Vero Beach d Press-Journalias a newspaper publishhereted Vero Beach, in said Indian River County, been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me thi y of A.D. (Basi ess Manager) (Clerk of the Circuit Court, India Iver County, Florida) (SEAQ NOTICE NOTICE IS HEREBY GIVEN thatthe Board County, Florida, will receive ti ds to he hour Indian River f 9:30 A.M. Wednesday, November 1, 1978, for the following: One (1) new latest model tractor with four (4) cylinders, diesel engine and 70 P.T.O. horsepower and is it. Batwing Mower. specifications, instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 115, County Court Nouse, or will be mailed upon request. The Board of County Commissioners reserves the right to reiect any or all of the bids and make awards In any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be submitted in an envelope securely seated and marked an the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 115, County Court House, Vero Beach, Florida 32960. Proposals received after 9:30 A.M. November 1, 1978, will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. Wodtke Jr., Chairman Oct. 4, 8,1978. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: OVIEDO TRACTOR CO., OVIEDO ALLIS—CHALMERS DIESEL TRACTOR $13,966.00 15' SERVIS FLEX MOWER 4,808.00 W. L. SLY MANUFACTURING CO., WEST PALM BEACH NO BID 'PIPPIN TRACTOR & E(lUIP, VERO BEACH MASSEY—FERGUSON 275 & MOWER, MODEL 215 $14,995.00 SUNRISE FORD TRACTOR CO., FORT PIERCE FORD MODEL 6600 & WOODS BATWING MOWER $15,293.01 13 NOV 1978 - . LAKE EQUIPMENT CO., BELLE GLADE MASSEY—FERGUSON 725 & A CALDWELL— MANTA RAY BATWING MOWER $17,241.00 BERGGREN EQUIPMENT CO., FORT PIERCE .JOHN DEERE 2640 TRACTOR & BUSH HOG MOWER $15,330.00 ti ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of en n g, -. in the .� Q Court, was pub - lisped in said newspaper in the issues of c - 1 1 7 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. �� q p Sworn to and subscribed before me this y fc1e`.—A ._ L..L2P_ r 'zAt�� RL ___ t _ _ 1 - (Business Manager) (SEAQ (Clerk of the Circuit Court, County, Florida) 14 NOTICE NOTICE IS HEREBY GIVEN thatthe Board Of County Commissioners of Indian River County, Florida, will hold a public hearing on November 1, 1918, at 10:00 A.M. in the County Commission Chambers of the Indian River County Courthouse to consider the adoption of: An ordinance prohibiting the exposure of private parts or female breasts or use of device or covering which simulates private parts or female breasts in establishments in which alcoholic beverages are offered for sale for consumption on the premises; providing for application of the Ordinance within the unincorporated areas of Indian River County, Florida; providing penalties and an effective date. Board of County Commissioners of Indian River County, Florida BY: -s -William C. Wodtke Jr., Chairman Oct. III, 1978. ATTORNEY COLLINS INFORMED THE BOARD THAT THE GOVERNMENTAL AGENCIES, PARTICULARLY THE ENFORCEMENT AGENCIES, THROUGHOUT THE COUNTIES HAVE HAD GREAT DIFFICULTY IN ENFORCING BANS ON NUDITY BECAUSE OF VIOLATIONS OF THE FIRST AMENDMENT. IN THE LAST FOUR OR FIVE YEARS, THE COURTS HAVE MADE AN INTERPRETATION BETINEEN THE RIGHTS OF EXPRESSION AND CONDUCT, WHICH INDICATES THAT NUDITY WITHIN A BAR TO ENHANCE THE SALE OF ALCOHOLIC BEVERAGES IS A CONDUCT THAT DOES NOT COME UNDER THE FRAMEWORK OF THE FIRST AMENDMENT. THE ATTORNEY FURTHER NOTED THAT THE SUPREME COURT RECENTLY HAS UPHELD THE RIGHTS OF LOCAL GOVERNMENT TO CONTROL CONDUCT WITHIN ESTABLISHMENTS THAT SERVE ALCOHOLIC BEVERAGES, AND THAT IS THE BASIS FOR THIS ORDINANCE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, REX ROVANG, COUNTY RESIDENT, STATED THAT HE FEELS IT IS THE INCREASING TREND IN TiIS COUNTRY TO LEGISLATE AWAY MORE AND MORE FREEDOMS. HE STATED THAT"SIG BROTHER" IS ALREADY TOO BIG AS IT IS, AND THAT TT IS TIME TO REVERSE THE TREND AND CONCENTRATE ON THE FREEDOMS OF WHICH WE ARE SO PROUD. HE FELT IF SOMEONE WANTS TO SEE. NUDITY, THEY SHOULD BE ABLE TO MAKE THEIR 04-N DECISION, AND HE DOES NOT THINK THE BOARD SHOULD MAKE IT FOR THEM. HE FURTHER NOTED THAT THIS ORDINANCE SEEMS TO RESTRICT WOMEN- MORE THAN MEN, WHICH IS CHAUVINISTIC. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE.BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. PETE '11OEL QUESTIONED WHAT PROMPTED THE BOARD TO ASK FOR THIS ORDINANCE, AND THE CHAIRMAN STATED THAT THE BOARD BECAME AWARE THAT A SIMILAR ORDINANCE HAD -BEEN PASSED IN ANOTHER COUNTY IN THE STATE AND HAD BEEN TESTED IN COURT, HE FURTHER NOTED THAT HE HAD DISCUSSED THIS WITH THE SHERIFF AND FELT THE COUNTY SHOULD HAVE SUCH AN ORDINANCE PRIOR TO AN ESTABLISHMENT OF THIS TYPE COMING INTO THE COUNTY. COMMISSIONER Loy NOTED THAT AT A HEARING HELD SOME TIME AGO WHERE LOCAL ESTABLISHMENTS PETITIONED FOR AN EXTENSION OF HOURS, THE BAR OWNERS INDICATED THAT THIS TYPE OF THING WAS NOT PALATABLE TO THEM AND FELT IT WOULD BE HELPFUL IF THE COUNTY HAD A REGULATION PREVENTING . THIS TYPE OF ACTIVITY BEFORE SOMEONE CAME IN AND SET IT UP. NODI 1978 m 7 uA71 COMMISSIONER SIEBERT STATED THAT THE WAY HE READ THE ORDINANCE IT RELATES STRICTLY TO FEMALES AND HE DOES NOT UNDERSTAND '•IHY. COMMISSIONER Loy POINTED OUT THAT THE.ORDINANCE DOES REFER TO "HIS OR HER IN PARAGRAPH (C) ON PAGE2 AND ALSO IN SECTION 2.3 a PAGE 3 • .'IOTION p� r WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, TO ADOPT ORDINANCE lJO. 78-33. WHAT SIR ROVANC' HAD T $ E HA COMMISSIONER 1 B OMMISSI ^l ERT STATED THAT HE FELT TO SAY WAS APPROPRIATE TO EXTENT , BUT WHEN IT REFERS TOAPL PLACE THAT SERVES ALCOHOLIC BEVERAGES AND INVOLVES A MATTER OF CONDUCT, HE BOARD DOES FELT THAT THE B 0 S HAVE A DEFINITE RESPONSIBILITY, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. NOV 1 1978 16 J a %472 M INDIAN RIVER COUNTY ORDINANCE NO. 78-33 AN ORDINANCE PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT IN WHICH ALCOHOLIC - BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON -THE PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES. -ARE OFFERED e FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAINTAINING, OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF PRIVATE PARTS 09 FEMALE BREASTS OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; LEGISLATIVE AUTHORIZATION; PROVIDING FOR PENALTIES; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, finds that there is a trend in the State of Florida toward nude.and semi-nude acts, exhibitions, and entertainment, and toward the utilization of nude and semi- nude female employees engaged in other services oriented aspects of and by the commercial establishments subject hereto; and, WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, finds that the competitive commercial exploitation of such nudity is adverse to the public's interest in the quality of life, tone of commerce, and total community environment in Indian River County; and ' WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA, finds that there is a direct relationship between the semi-nude activities mentioned above, prohibited hereunder, and more fully described hereinafter and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community, and further finds that the concurrency of these activities is hazardous to the health and safety of those persons in attendance, and tends to depreciate the value of adjoining property and harm the economic welfare of the community a as a whole; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, finds that in order.to preserve the public peace and good.order, and to safeguard the health, safety and welfare of the community and the citizens thereof, it is necessary,and advisable to regulate and restrict the conduct of owners, opera- - i 0V J 197837 173 0 tors, agents, employees, and patrons of the commercial establish- ments subject hereto: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. LEGISLATIVE AUTHORIZATION. 4 This Ordinance is adopted pursuant to Article VIII, Section 1, under the State Constitution and Section 125.01(0) of the Florida Statutes. SECTION 2. PROHIBITION. r 2.1 It shall be unlawful for any person maintaining, owning, or operating a commercial establishment located within the unin- corporated areas of Indian River County, Florida, at which alcoholic beverages are offered for sale for consumption on the premises: (A) To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof. (B) To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Section 2.1(A). (C) To suffer or permit any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic areas, buttocks, anus, or anal cleft or cleavage. (D) To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage. 2.2 It shall be unlawful for any female person, while on the premises of a commercial establishment located within the unincorporated areas of Indian River County, Florida, at which alcoholic beverages are offered for sale for consumption on the -2- NOV 1 1978 eca 37 PAGE174 premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein. 2.3 It shall be unlawful for any person, while on the premises of a commercial establishment located within the unincorporated areas of Indian River County, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage. SECTION 3. PENALTIES. Any person who shall violate any Section of this Ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment in the County Jail not to exceed sixty (60) days, or both. SECTION 4. SEVERABILITY. It is declared.to be the Legislative intent that, if any section, sub -section, sentence, clause or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. SECTION 5. EFFECTIVE DATE. This Ordinance takes effect immediately upon receipt of the official acknowledgment from the Office of the Secretary of State of Florida this Ordinance has been filed with said office. THIS ORDINANCE SHALL TARE EFFECT NOVEMBER 6, 1978. 9 I'll M�M- � ATTORNEY COLLINS DISCUSSED WITH THE BOARD A LETTER RECEIVED FROM CITY ATTORNEY PALMER IN REGARD TO THEIR TRAFFIC CONTROL LIGHT MAINTENANCE AGREEMENT WITH THE COUNTY. HE NOTED THAT THE CITY HAS BECOME CONCERNED WITH LIABILITIES THAT COULD RESULT FROM THEIR REPAIR AND MAINTENANCE OF TRAFFIC LIGHTS THAT SUBSE!1UENTLY FAIL. THE ATTORNEY STATED THAT HE CANNOT PRESUPPOSE WHAT THE CITY'S POSITION WILL BE, BUT HE FELT IF THE COUNTY WOULD ADD THE CITY AS AN ADDITIONAL INSURED UNDER THE COUNTY'S LIABILITY POLICY, THAT IT 11OULD SATISFY THE CITY'S CONCERN. HE DID NOT FEEL THIS WOULD BE AN ADDITIONAL EXPE`JSE TO THE COUNTY, COMMISSIOAER SIEBERT FELT THAT THIS IS A REASONABLE REQUEST, AND THE CHAIRMAN STATED THAT HE DID NOT HAVE ANY PROBLEM WITH IT. HE STATED THAT WE CERTAINLY NEED THE SERVICE APID SHOULD BE SURE THAT THE CITY IS ADEQUATELY COVERED. ATTORNEY COLLINS NOTED THAT THERE IS A MEETING SCHEDULED TOMORROW BETWEEN THE CITY'S CARRIER AAD OUR CARRIER TO r-IORK OUT THE COVERAGE QUESTIO°I. THE CHAIRMAN REQUESTED THE ATTORNEY TO WORK OUT SOME TYPE OF ` AGREEMENT ON THIS. ON MOTION 4Y COMMI.SSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE AN AMENDING AGREEMENT WITH THE CITY OF VERO BEACH RE TRAFFIC LIGHT MAINTENANCE, INDEMNIFYING THE CITY AND INCLUDING THEM IN THE COUNTY'S INSURANCE COVERAGE, COMMISSIONER SIEBERT REQUESTED THAT AN EMERGENCY ITEM.BE ADDED TO THE AGENDA CONCERNING THE PAYMENT OF T1IE A"INUAL ASSESSMENT TO TREASURE COAST REGIONAL PLANNiNG COUNCIL. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM REQUESTED BY COMMISSIONER SIEBERT TO THE AGENDA. COMMISSIONER SIEBERT INFORMED THE BOARD THAT WE NEED TO FORWARD A CHECK IN THE AMOUNT OF $9,261.50 FOR OUR ASSESSMENT, WHICH IS DUE PRIOR TO THE NEXT MEETING OF THE REGIONAL PLANNING COUNCIL AND BEFORE THE NEXT COMMISSION MEETING. 29 NOV 1 1978 . i ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO FORWARD CHECK IN THE AMOUNT OF $9,261.59 TO THE TREASURE COAST REGIONAL PLANNING COUNCIL IN PAYMENT OF THE ASSESSMENT DUE AS PER THE INTER- LOCAL AGREEMENT. ADMINISTRATOR JEPJNINGS REVIEWED THE BIDS ON THE Jk:JNUAL [MATERIALS RECEIVED AT THE OCTOBER 1STH MEETING AND RECOMMENDED THAT THE LOW BIDS BE ACCEPTED AS SET OUT IN HIS MEMO OF OCTOBER 31ST. DISCUSSION -ENSUED ON ESCALATION IN GAS PRICES AND THE PRICE THAT IS CURRENTLY PAID, AND THE ADMINISTRATOR SUGGESTED THAT THE BOARD ACCEPT THE LOW BID ON GAS FROM TREASURE COAST OIL AND THE LOW BID ON DIESEL FUEL FROM 'lAC'lI LLAN OIL CO. CHAIRMAN',lODTKE ASKED IF THE COMPANIES FELT THEY WERE BIDDING ON A PACKAGE AND .'WHETHER THEY WOULD DELIVER THE GAS 111THOUT THE DIESEL FUEL, OR VICE•VERSA, sbMINISTRATOR .JEr4NINGS STATED THAT HE WOULD `[AVE TO CHECK ON THIS AND WOULD REPORT BACK THIS AFTERNOOI. ON rMOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE .BOARD UNANIMOUSLY ACCEPTED THE ADMINISTRATOR'S RECOMMEdDA- TIONS ON THE ITEMS LISTED IN HIS MEMORANDUM OF OCTOBER 31, 1973, 'WITH THE EXCEPTIONOF ITEM S, AS BEING THE LOWEST AND BEST BIDS MEETING SPECIFICATIONS, AND INSTRUCTED THAT SAID MEMO BE MADE A PART OF THE MINUTES. 21 vi37 v,177 ' I BOARD OF COUNTY COMMISSIONERS r'w��OG WILLIAM C. WODTKE. JR.. Chairman r ALMA LEE LOY. Vice Chairman WILLARO W. SIESEFM JR. �•+•� * EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2115 14th Avenue Vero Beach. Florida 32980 4 October 31, 1978 9 G J � J. NOV I 1978 ,fuz-78 MEMORANDUM TO: Board of County Commissioners } FROM: Jack G. Jennings, County Administrator SUBJECT: Award of Bids - Annual Materials Contracts Bids were opened during the regular meeting of the Commission on October 18, 1978, and were referred to the County Administrator for review. Following are the recommendations of the County Administrator for award of bids: ' ITEM # MATERIAL COMPANY COMMENTS 1. Asphaltic Concrete Dickerson, Inc. Only Bid 2. Placing Asphaltic Concrete Dickerson, Inc.. Low Bid 3. Southern.,Pine P*ling The Langdale Co. Low Bid i 4. Southern Pine Lumber Koppers Co., Inc. Only Bid S. Road Rock ---- :No Bid 6. Asphalt Steel Pipe Southern Culvert Only Bid 7. Aluminum Pipe ---- No Bid 8. Petroleum Products MacMillan Oil Co. Low Bid i 9. Ready Mix Concrete Rinker Materials Corp. Only Bid ! 10. Soil Cement Base Pan American Engineering Co, Only Bid 11. Limerock Base Pan American Engineering Co. -Only Bid 12. Mixed -In -Place Base Pan American Engineering Only Rid i 13. Signs McCain Sales of Florida Low Bid 9 G J � J. NOV I 1978 ,fuz-78 ASSISTANT ADMINISTZATOR VEIL 'IELSON DISCUSSED VARIOUS BID RECOMMENDATIONS AND INFORMED THE BOARD THAT THEY HAVE BEEN UNABLE TO GET THE SPECIFICATIONS ON THE 3/4 TON CREW CAB TRUCK FROM SUNSHINE DODGE OF IELBOURNE, AND ARE, THEREFORE, RECOMMENDING ACCEPTING THE SLOW BID OF FORT PIERCE DODGE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF FORT PIERCE DODGE FOR A DODGE D-290 3/4 TON CREW CAB TRUCK, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $6,215.71. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANtMOUSLY ACCEPTED THE BID OF SU11RISE FORD OF FORT PIERCE ON -mo FORD F-790 TI -10 TON TRUCKS, AS BEING THE LO"ZEST AND BEST BID MEETING SPECIFICATIONS, IN THF AMOUNT OF $21,173.92. ON MOTION BY COMMISSIONER SIEBERT, SECOlDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF VELDF FORD FOR A FORD F-259 3/4 TON PICKUP TRUCK, AS BEING THE LOWEST AND BEST RID MEETING SPECIFICATIONS, IN THE AMOUNT OF $5,26v.57,.SUBJECT TO DELIVERY WITHIN SIXTY DAYS OR CONTRACT WILL BE VOIDED, THE HOUR OF 11:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING 1.0TICE I.IITH PROOF OF PUBLICATION ATTACHED, TO -WIT: ... 23 CAI NOV 1 1978 -7 axE179 —.r VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath ADVERTISEMENT FOR BIDS says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published IndianFlorida15 Court at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being House,Flo Vero Beach, Florida 32960 _fir^ • . Separate sealed bids for the construction of: � Phase 11 Gifford Water System Extension [••�'"`T a Including, but not limited to, installation of new water mains: water meters: installation of fire hydrants: iof service lines; in the matter of � and connecting neww water water mains to existing water main, will be received by Indian River y County, Florida, at the office of County Ad. 1 1► A F mMistrafor, County Court House, Room 115 O X t 0 -_ d +_n �t ...► until 11:00 A.M., (Eastern Standard Time); November 1, 1918, and then at said office publicly opened and read aloud. in theCourt' was pub- The CONTRACT DOCUMENTS may be ' examined at the following locations: 1. Office of the Engineers, Sverdrup & 1 nY �� C �� Q ? �'% fished (n said newspaper in the issues of ! Parcel and Associates, Inc., 2002 N.W. 13th Street, Suite 201, Gainesville, Florida 32601. 1 Indian River County Court House, County -Administrator Office, Vero Beach, Florida. . 3. Belndorf and Associates, Inc., 3885 20th Street, Vero Beach, Florida 32960. Copies of the CONTRACT DOCUMENTS Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at may be obtained at the office of Sverdrup & Vero Beach, in said Indian River County, and that the said newspaper has heretofore Parcel and Associates, Inc., located at 2002 been continuously published in said Indian River County, Florida, weekly and has been entered N.W. 13th Street, Suite 201, Gainesville, as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Florida 32601, upon payment of SS0.00 for each for a period of one year next preceeding the first publication of the attached copy of adver- set• tisement, and affiant further says that he has neither paid nor promised any person, firm•or NOREFUNDSwill be made forthereturn of the CONTRACT DOC MEN corporation any discount, rebate, commission or refund for the purpose of securing this adver- Date: September ,1978. . Nsernent for publication in the said newspaper. -s-Jack G. Jennings County Administrator Swom to and subscribed before me this day of A.D. l y Sept. 34, Oet.1,19I0 s. -"—w -:—«:�ew•m (1,41�Business n er) L' ISEAI) (Clerk of the Circuit Court, Indian River , Florida) ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THIS BID OPENING WAS POSTPONED UNTIL DECEMBER 20TH BY THE CONSULTING ENGINEER AND NO BIDS HAVE BEEN RECEIVED THAT HE KNOWS OF. ATTORNEY COLLINS FELT THAT ANY THAT MAY HAVE COME IN SHOULD BE REJECTED, ENGINEER BEINDORF CAME BEFORE THE BOARD AND EXPLAINED THAT THERE WAS A MIX—UP IPJ DATES, THEY INTENDED TO POSTPONE THE BIDDING BECAUSE THE PROGRAM THEY HAVE -SET UP NOW IS GOING TO RUN MORE THAN ORIGINALLY BUDGETED BECAUSE THE PROPOSED TIE—IN TO THE CITY SEWER i SYSTEM WILL RUN SOMEWHAT HIGHER THAN ORIGINALLY ESTIMATED. THEREFORE, THEY HAD TO LOOK AT GOING BACK TO FHA FOR AN ADDITIONAL GRANT, AND IT BECAME NECESSARY TO POSTPONE THE BIDDING, BUT IT SHOULD HAVE BEEN SET UP FOR THE FIRST MEETING IN DECEMBER, NOT THE 23TH. CHAIRMAN WODTKE ASKED IF HE FELT DECEMBER 6TH WAS A REALISTIC DATE, AND ENGINEER BEINDORF STATED THAT IS HOW IT WAS ORIGINALLY INTENDED, 24 NOR 1 1978 7 mAn ON "LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO REJECT ANY BIDS THAT MAY HAVE BEEN RECEIVED AND AUTHORIZED THE ADMINISTRATOR AND THE CONSULTING ENGINEER TO READVERTISE FOR BIDS ON PHASE II OF THE GIFFORD WATER a SYSTEM EXTENSION AT THE EARLIEST FEASIBLE DATE. ADMINISTRATOR KENNINGS ASKED THE BOARD FOR SOME GUIDANCE IN REGARD TO A REQUEST FROM SUPERINTENDENT MCCLURE THAT THE COUNTY PROVIDE WATER TO CLEMANS ELEMENTARY SCHOOL ON 43RD AVENUE. HE STATED THAT HE ASKED ENGINEER VOTAPKA TO GO OVER THE PROPOSED PROJECT AND HE HAS RECEIVED A LETTER FROM SVERDRUP & PARCEL AS FOLLOWS: 9 25 NOV 1 1978 'J I FAG,18j 0 6 SVERDRUP & PARCEL AND ASSOCIATES, INC. AND BEINDORF AND ASSOCIATES, INC. (A JOINT VENTURE) October 31, 1978 Project No. Mr. Jack G. Jennings Indian River County Administrator County Courthouse, Room 115 Vero Beach, Florida 32960 Re: Waterline to Clemans Elementary School Dear Mr. Jennings: . In a letter dated October 24, 1978, to Mr. William Wodtke, Chairman, Board of County Commissioners, School Superintendent William McClure asked if the County could provide water to the Clemans Elementary School on 43rd Avenue. Indian River County Utilities Director, George Morgan, and I investigated the feasi- bility of providing a water line to the school and have determined the following: 1) The proposed water line extension to serve the school would connect to the 8" main at the intersection of 40th Avenue and North Gifford - Road. From there a 6" main would run 1200 feet south along the east side of 43rd Avenue. At the end of the 6" main, a fire hydrant would be installed for fire protection and a 2�" line would run east 280 feet to connect into the school's existing 2Z' main near the well. 2) The total estimated cost for the School Board would be $25,000; the cost to the County would be approximately $4,700 for necessary items not being part of that which the School Board should pay.. 3) Time for' completion should be from 4 to 6 conse- cutive weeks after the initial start of construction. REPLY TO: REPLY TO: ()o 3885 20TH STREET ( 1 2002 N.W. 13TH STREET POST OFFICE BOX 849 SUITE 201 VERO BEACH. FLORIDA 32960 GAINESVILLE, FLORIDA 32601 9 ®� 1979 mix �18 Z 1 SVERDRUP & PARCEL AND ASSOCIATES, INC. AND BEINDORF AND ASSOCIATES, INC. i IA JOINT VENTURE) October 31, 1978 Mr. Jack G. Jennings Project No. Page 2 4) The project may be handled under a change order basis with the existing contractors, either Driveways, Inc. or Widell Associates; may be let for bids under a separate contract; or may be included in the Gifford Water System Extension Contract whose bids will be opened on December 20, 1978. The School Board should make this determination as soon as possible, should it decide to proceed with the project. Sincerely, Richard B. Votapka, P.E. Beindorf & Associates, Inc. RVB/ep cc: Mr. Ralph Eng Sverdrup & Parcel, Inc. REPLY TO. ( 1 3885 20TH STREET POST OFFICE BOX 849 VERO BEACH, FLORIDA 32960 N®U 1 1978 REPLY TO: ( I 2002 N.W. 13TH STRFE T SUITE 201 GAINESVILLE, FLORIDA 32601 IF SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL ROARG 1426 19th Street - P. O. Box 2648 Vero Heacti. Flornla 32960 JOE rv. tC�LE rtE r� Cha, m.0 Telephone 13051 561 1165 HICHARO A P,•, ,h,: Vice C% -v .... ... WILLIAM H. McCLURE. Superintendent P.V1i1fi.H=.� ^... GAHY W. L'r- I,yz October 24, 1978 Mr. William C. Wodtke, Chairman Board of County Commissioners Indian River County Courthouse Vero Beach, Florida Dear Mr. Wodtke: It appears that it will be necessary for the School Board to provide a new well for potable water at Clemans Elementary School in the near future. I understand that the County Commissioners have a'water line in the imme- diate vicinity of Clemans Elementary School located at 4350 43rd Avenue and I will appreciate it very much if the Board will consider providing water to the Clemans Elementary School as soon as possible. I want to express appreciation to the County Commission for their coopera- tion in the past and their sincere interest in the school system. Sincerely yours, William H. McClure Superintendent WkIlK/gm cc: Mr. William E. George ., Mr. Walter E. Kowall Mr. Tildon Davis `t j ;V, 7 �� t. NOU �. 1970" "When¢. The Thopiee Begin" Fk THE ADMINISTRATOR NOTED THAT THE BOARD HAS THE OPTION OF ADDING THIS TO THE PRESENT CONTRACT OR DOING IT UNDER A SEPARATE CONTRACT. ADMINISTRATOR .JENNINGS STATED THAT THIS IS APPROXIMATELY A $39,099 CONTRACT AND ASKED WHO IS GOING TO PICK UP THE COST, 4 CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAD TALKED WITH SUPERINTENDENT MCCLURE ABOUT THIS MATTER AND HE BELIEVES THE SC400L IS WITHIN THE FRANCHISE AREA. HE NOTED TfiAT THEY WANT THE WATER AS SOON AS POSSIBLE AND HAVE TO MAKE SOME DECISION ON WELLS. THE CHAIRMAN STATED THAT THE SUPERINTENDENT INDICATED THEY WOULD BE WILLING TO RUN THE LINE UP TO 1ORTH GIFFORD ROAD IF WATER WAS AVAILABLE AT THAT POINT. CHAIRMAN WODTKE CONTINUED THAT HE DID NOT KNOW HOW MUCH OF A CRISIS SITUATION THIS IS. COMMISSIONER SIEBERT FELT REGARDLESS OF THE URGENCY OF THEIR NEEDS,.SOMETHING SHOULD BE DONE TO GET THIS INCLUDED. ADMINISTRATOR .JENNINGS SUGGESTED THAT THE ENGINEER DO AH EVALUATION OF THE SITUATION AND THE COSTS INVOLVED AND SEND A COPY TO THE SCHOOL BOARD, COMMISSIONER SIEBERT FELT WE MUST DECIDE NOW WHETHER WE WANT TO PROCEED AND ON WHAT BASIS BECAUSE THIS SHOULD BE INCLUDED IN T,IE SPECIFICATIONS THAT ARE TO BE BID ON. . ADMINISTRATOR JENNINGS AGREED, NOTING THAT SIR, VOTAPKA'S LETTER PRESENTS SEVERAL WAYS THIS CAN BE HANDLED, WHICH WOULD INDICATE THAT THIS IS NOT INCLUDED IN THE PROPOSED EXTENSION, COMMISSIONER LOY FELT IF THIS IS NOT OF AN EMERGENCY NATURE AND WON'T BE BEFORE WE CAN ACTUALLY GET THERE WITH SOME OF OUR PLANS, THAT IT WOULD PUT A DIFFERENT LIGHT ON THE SITUATION. CHAIRMAN %'JODTKE STATED THAT HE WILL GET TOGETHER WITH THE SCHOOL BOARD, TAKE THEM THIS PRELIMINARY REPORT, AND DETERMINE HOW SEVERE AN EMERGENCY THEY HAVE. IF THE DETERMINATION IS THAT IT IS A SEVERE EMERGENCY, POSSIBLY !•IE CAN HAVE AUTHORIZATION FOR THE CONSULTANTS TO ADVISE THE BIDDERS TO INCLUDE THIS AS AN ALTERNATE BID. ADMINISTRATOR JENNINGS NEXT DISCUSSED REQUEST RECEIVED FROM DEVELOPER SIGURD HERSLOFF, .JR., FOR PERMISSION TO TIE THE WASTE WATER FROM HIS PROJECT, INDIAN SUMMER, INTO THE COUNTY WASTE WATER SYSTEM 29 Nov I im 3; 6 0 IN THE PEBBLE BAY AREA. THE ,ADMINISTRATOR STATED THAT THE SYSTEM WOULD HAVE TO BE UPGRADED IF THEY WERE ALLOWED TO TIE ON AND THE COST WOULD BE APPROXIMATELY $23,790, iiE FELT THE DEVELOPER SHOULD PICK UP THIS COST, NOTING THAT THE COUNTY HAS INVESTED QUITE HEAVILY IN THIS SYSTEM SINCE TAKING IT OVER, COMMISSIONER SIEBERT POINTED OUT THAT THIS WOULD REQUIRE THE BOARD TO GRANT A WATER ALLOCATION TO SOMETHING THAT ISN'T EVEN BUILT YET, CHAIRMAN WODTKE FELT IT MIGHT BE BETTER TO WAIT AND SEE WHAT THE FINAL DETERMINATION IS ON OUR AGREEMENT TO MAKE A CERTAIN ALLOCATION AVAILABLE TO THE CITY OF VERO BEACH FOR ABANDONING OUR PLANT. HE NOTED THAT IT MIGHT BE WASTING THE DEVELOPER `S MONEY TO TIE INTO THIS SYSTEM, COMMISSIONER LOY AGREED THAT THE DEVELOPER MIGHT BE BETTER OFF TO TIE INTO CITY LINES. SHE NOTED THAT THIS SEWER ALLOCATION WOULD BE PART OF THE PROPOSED 150,909 GALLON ALLOCATION THAT THE COUNTY IS WILLING TO GIVE IN ORDER TO HAVE THE CITY SUPPLY SEWER SERVICE TO INDIAN RIVER SHORES IF IT WILL INCLUDE ALL THE COUNTY AREA BETWEEN THE CITY AND INDIAN RIVER SHORES. ATTORNEY COLLINS POINTED OUT THAT THE ISSUE THE DEVELOPER FACES IS THE MORATORIUM ON SEWER AND WATER FRANCHISES WHICH WILL HOLD HIM UP UNLESS HE CAN HOOK ONTO A SYSTEM, ADMINISTRATOR JENNINGS AGREED THAT THE DEVELOPER CANNOT GET -DER APPROVAL OR WORK WITH HIS PROJECT BEFORE HE GETS A COMMITMENT FROM THE COUNTY. COMMISSIONER Loy STATED THAT WE ARE IN NO POSITION TO MAKE A DECISION AT THE PRESENT TIME. CHAIRMAN WODTKE FELT THAT HERE AGAIN WE ARE DEPENDING ON THE CITY OF VERO BEACH ACCEPTING THAT SEWAGE FOR TREATMENT. HE CONTINUED THAT WHENEVER THE CITY MAKES A DEFINITE DECISION ON INDIAN RIVER SHORES THEN WE CAN MAKE A POSITIVE REQUEST FOR SERVICE BY MAKING AN ALLOCATION AVAILABLE OUT OF OUR AGREEMENT, 33 NOV 1 1978 RA;E a 6 THE BOARD THEREUPON RECESSED AT 12:19 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:49 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF OUT -OF -COUNTY TRAVEL FOR THE ADMINISTRATOR TO MEET WITH THE nEP IN ORLANDO ON OCTOBER 25, 1973, AND FURTHER APPROVED OUT -OF -COUNTY TRAVEL FOR THE ADMINISTRATOR TO MEET WITH THE DER IN ORLANDO ON ]OVEMBER 3, 1978. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT DRIVE:^lAYS, INCORPORATED HAS REn UESTED A 17 DAY EXTENSION ON THEIR CONTRACT TIME BECAUSE OF A DELAY DUE TO PROBLEMS WITH DELIVERY OF 11TATER METERS, WHICH IS NOT THEIR FAULT. HE STATED THAT 9R. BEINDORF HAS APPROVED THIS, AND, THEY RECOMMEND THE EXTENSION REQUESTED, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE DOARD UNANIMOUSLY APPROVED AN ADDITIONAL 19 -DAY EXTENSION ON THE CONTRACT WITH DRIVEWAYS, INCORPORATED RE THE GIFFORD 1'41ATER SYSTEM RENOVATION PROJECT. ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE FINAL DRAFT OF rdE I'iATER AND SEWER ORDINANCE PROMULGATING THE RATES TO BE CHARGED. HE STATED THAT THIS ORDINANCE WAS ADVERTISED AND THE PUT3LIC HEARING WAS HELD, AND THE BOARD MADE SOME CHANGES AT THE PUBLIC HEARI14G WHICH ARE NOW INCORPORATED IN THIS ORDINANCE. THE BOARD, AT THE PUBLIC HEARING, INDICATED THAT THE ORDINANCE WOULD NOT BE EFFECTIVE UNTIL SUCH TIME AS THE WATER WAS SUPPLIED. THE -ATTORNEY INFORMED THE 'ROARD THAT THE WATER RATE IS THE SAME AS REFLECTED IN THE BOND VALIDATION SUIT. THE COMMERCIAL SEWER RATE HAS BEEN EXPANDED TO BETTER MEET THE FORECASTED NEEDS OF THE AREA, COMMISSIONER SCHMUCKER NOTED THAT IN SECTIONS 8 AND 12 ON PAGE 4, IT IS -REQUIRED TO CONNECT TO THE FORCE MAIN, AND HE FELT THIS WOULD MORE PROPERLY BE THE GRAVITY SEWER LINE. !iE T`-IEN EXPLAINED THE TECHNICAL PROBLEMS INVOLVED IN CONNECTING TO A FORCE MAIN. CHAIRMAN WODTKE SUGGESTED THAT THIS CHANGE COULD BE MADE BY THE ATTORNEY SUBJECT TO DISCUSSION WITH ENGINEER BEINDORF. ATTORNEY COLLINS NOTED THAT VERY SHORTLY THE COUNTY IS GOING TO HAVE TO COME UP WITH AN OVERALL APPROACH FOR AN ORDINANCE THAT WILL 31 1,87NOV 1 1978 I AFFECT THE WHOLE COUNTY AND NOT JUST THE GIFFORD AREA. HE FELT THE ORDINANCE UNDER DISCUSSION WILL MEET THE REnUIREMENTS FOR THE TIME BEING, BUT NOT IN THE LONG TERM SENSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE nOARD UNANIMOUSLY ADOPTED ORDINANCE `i0. 78-34, CHANGING PARAGRAPH S AND PARAGRAPH 12 AS DISCUSSED, UPON CONCURRENCE OF THE CONSULTING ENGINEER. NOV 1 1978 32 r �J ORDINANCE NO. 78-34 AN ORDINANCE PROMULGATING THE RATES TO BE CHARGED FOR USE OF COUNTY WATER AND SEWER SERVICES; OUTLINING MEANS OF ENFORCING PAYMENT FOR SUCH SERVICE; PROMULGATING RE- QUIREMENTS FOR CONNECTION; SETTING UP MAINTENANCE REQUIREMENTS; PROHIBITING FREE SERVICE; AND PENALTIES FOR VIOLATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That, SECTION 1. CONNECTIONS WITH WATERWORKS SYSTEM. Where the same shall be avai a e, the owner of every lot or parcel of land within the following described property, hereinafter referred to as "District": Begin at the southwest corner of the northwest quarter of Section 28, Township 32 South, Range 39 East, Indian River County, Florida; thence run north along the west line of the northwest quarter of Section 28 and the west line of the southwest quarter of Section 21 to the northwest corner of the southwest quarter of Section 21, Township. 32 South, Range 39 East; thence run east along the north line of the southwest quarter and the southeast quarter of Section 21, Township 32 South, Range 39 East, to the northwest corner of Tract 9, Section 21, Township 32 South, Range 39 East, Indian River Farms Company Sub- division as per Plat Book 2, page 25, St. Lucie County Records, now Indian River County, Florida;thence run south along the west line of Tract 9 to the southwest corner of Tract 9; thence run east to the southeast corner of Tract 9; thence north along the east line of Tract 9 to the northeast corner of the southeast quarter of Section 21, Township 32 South, Range 39 East; thence east along the north line of the southwest quarter of Section 22, Township 32 South, Range 39 East to the. northeast corner of the southwest quarter; thence run north along the east line of the northwest quarter of aforesaid Section 22 to the northeast corner of the northwest quarter of Section 22, Township 32 South,, Range 39 East; thence run east along the north line of Section 22, Township 32 South, Range 39 East, to the intersection of the centerline of U.S. Highway No. 1; thence run south and easterly along the aforesaid centerline to the south line of the northwest quarter of Section 23, Township 32 South, Range 39 East; thence run east along the south line of the aforesaid northwest quarter to the southeast corner of the northwest quarter of Section 23, Township 32 South, Range 39 East; thence run south along the east line of the southwest quarter of Section 23, Township 32 South, Range 39 East to the southeast corner of the southwest quarter of Section 23,Township 32 South, Range 39 East; thence east along the south line of the aforesaid Section 23, to the southeast corner of the southwest quarter of the southeast quarter of Section 23, Township 32 South, Range 39 East; thence run south along the east lines of the west half of the northeast quarter and the west half of the southeast quarter of Section 26, Township 32 South, Range 39 East, to the south line of Section 26; thence run east along the south line of the afore- said Section 26 to the southeast corner of the aforesaid Section 26; thence run south along the west line of Section 36, Township 32 South, Range 39 East, to the northwest corner of the southwest quarter of the northwest quarter of aforesaid Section 36; thence run east along the north line of the southwest quarter of the northwest quarter of Section 36 to the northeast corner of the southwest quarter of the northwest quarter;thence run t -i M M south along the east line of the aforesaid southwest quarter of the northwest quarter to the southeast corner of the southwest quarter of the northwest quarter of Section 36, Township 32 South, Range 39 East; thence run west along the south line of the northwest quarter of the aforesaid Section 36 to the west line of Section 36; thence continue west along the south line of the northeast quarter of Section 35, Township 32 South, Range 39 East to the City Limits of the City of Vero Beach, Florida, said City Limits lying and being east of U. S. Highway No. l; thence run north and westerly along the City Limits of the City of Vero Beach to the intersection of the north line of Section 35; Township 32 South, Range 39 East; thence run west along the aforesaid north line to the intersection of the west right-of-way of the Florida East Coast Railway and also the City Limits of the City of Vero Beach, Florida; thence run north and westerly along the aforesaid City Limits to the south line of the northwest quarter of Section 26, Township 32 South, Range 39 East; thence run westerly through the centers of Sections 26, 27 and 28 to the southwest corner of the northwest quarter of Section 28, Township 32 South, Range 39 East and the point of beginning. Also all of that land in Tracts 11, 12, 13 and 14, Section 27, Township 32 South, Range 39 East, lying south of South Gifford Road and north of the north City Limits of the City of'Vero Beach, Florida, and all of Tracts 9, 10, 11, and 12 of Section 28, Township 32 South, Range 39 East, lying south of the South Gifford Road and north of the north City Limits of the City of Vero Beach, Florida; and also all of the northwest quarter of the northeast quarter of Section 36, Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. may (except as limited by Section 3) connect, or cause the plumbing of any building or buildings thereon to be connected, with the County waterworks system of Indian River County, Florida, and use the facilities of such system. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making such connections in such reasonable amount as such Board may fix and determine by Resolution. SECTION 2. CONNECTIONS WITH SEWER REQUIRED. The owner of each lot or parcel of land within the District, upon which lot or parcel of land any builing, or trailer used as a dwelling, is now situated, or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or buildings or trailer or trailers to be connected with the public sewer facilities of the County sewer system of Indian River County, Florida, and :use such facilities within two (2) months following notification to do so by the Utilities Department of Indian River County, Florida. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such Board may fix and determine by Resolution. No connection or connections shall be required where said sewer system or line is more than two hundred (200) feet from such lot or parcel of land. SECTION 3. SEWER CONNECTIONS REQUIRE COUNTY WATER. All connections to the County sewer system shall be simultaneously connected to the County water system. No County sewer service shall be provided without County water. -2- NOV 1 1978; w' 4940 • 4 t SECTION 4. EXCEPTIONS TO CONNECTIONS. This Ordinance shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 5. CONNECTIONS MAY BE MADE BY COUNTY. If any such. owner of any lot or parcel of land within the District shall fail and refuse to connect with and use the facilities of the sewer system of the County after notification by the Utilities Department, as provided herein, then the Utilities Department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of.making such connections. The County shall thereupon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any Court of competent jurisdiction. In addition and as an alternative means of collecting such costs or making such connections, the County shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 6. RATES A. A rate schedule will be adopted by the County providing for the following user rates: WATER RESIDENTIAL AND COMMERCIAL First 2,000 Gallons All over 2,000 Gallons B. SEWER RESIDENTIAL COMMERCIAL NOS 197 RATE $7.10 per month -Minimum $1.50 per 1,000 Gallons RATE $7.50 per month per single-family dwelling 1. Apartments, multi -family units, Minimum 80% of base rate mobile home parks with water per unit or 90% of total meters water consumption times $1.50 per 1,000 gallons, whichever is greater. 2. Motels' and hotels (restaurants Minimum 20% of base rate as part of motel or hotel is per room or 100% of total billed separately as water consumption times restaurant) $1.50 per 1,000 gallons, whichever is greater. 3. Restaurants 4. Laundromats -3- Minimum base rate or 100% of total water consumption times $1.50 -per 1,000 gallons, whichever is greater Minimum 50% of base rate per machine or 100% of total water consumption time $1.50 per 1,000 gallons, whichever is greater. a I S. All others, including schools, Minimum base rate or 90% public building's, churches, of total water consumption service stations, and retail times $1.50 per 1,000 stores whichever is greater SECTION 7. UNLAWFUL CONNECTION. No person shall be allowed to connect into any water line or sewer line owned by the County without the written consent of the County, and then the connection with such line shall be made only under the direction and super- vision of the Utilities Department. Any property owner, plumber or other individual who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. SECTION 8. UNLAWFUL CONSTRUCTION. No person, group of persons, firm or corporation shall build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy within the District which is within two hundred (200) feet of a public sanitary gravity sewer line, unless it is provided with public water -carried sewerage facilities. SECTION 9. CONNECTING OLD PLUMBING. Whenever it is desirable or required to connect old plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the County Utilities Department who will inspect said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for such connection. Alterations shall be made within two (2) months of notification. Any owner or plumber who shall make any connection without the approval of the County Utilities Department shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 10. SANITARY.REQUIREMENTS. Every residence and building in which human beings resi e, are employed or congregated, shall be required to have a sanitary method of disposing human excrement, namely either a sanitary water closet that is connected. with the County sewer, or an approved type of septic tank. A septic tank will be used only if the property is more than two hundred (200) feet from the gravity sewer line. SECTION 11. DISPOSAL REQUIREMENT. It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the District, to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. SECTION 12. SEPTIC TANK. No septic tank other than those approved by the appropriate State Agencies shall be constructed or installed within the District. No septic tank shall be constructed within two hundred (200) feet of a County gravity sewer line. SECTION 13. MAINTENANCE OF PLUMBING SYSTEM. The owner of the property shall be responsible for maintaining and keeping clean the water and sewer pipes leading and connecting from the plumbing system to the County distribution lines and main sewers. SECTION 14. PAYMENT OF FEES AND BILLS REQUIRED. Bills for the monthly charges and fees hereinbefore mentioned shall be submitted and shall be payable on the 10th day of each month and if such monthly bill shall be and remain unpaid on and after the 20th day of such month for such service, a penalty of $1.50 shall be imposed and be added to said bill, and the water service to the consumer shall be subject to discontinuance.and shall not be reconnected after discontinuance until all past due water bills and sewage disposal fees are fully paid, together with said charge of $20.00 reconnection fee. -4- '.0 7c.9 J SECTION 15. COLLECTION OF SEWER FEES WHERE OWNER HAS COUNTY WATER SUPPLY.• Where sewage ds.sposal fees are not paid In accordance with the provisions outlined above, the County, shall have a right to cut off the water supply to the plumbing system and the owner shall.have no right to reconnect the water supply until the sewage disposal fees have been paid in full. Any violation of this provision by reconnecting the water. supply, until such sewage disposal fees are paid in full, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. SECTION 16. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure to keep the sewer pipe, i.e., the pipe leading from the plumbing system to the sewer main, clean and maintained in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. Any violation of this.provision by reconnecting the connection from the County water line, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this Ordinance, and subject to the penalties hereinafter provided. SECTION 17. NO SERVICE FEE. No water nor sewage disposal service shall be furnished or rendered free of charge to any person, firm, or corporation whatsoever, and the County and each and every agency, department or instrumentality which uses either or both such services shall pay therefor at the rate fixed by this Ordinance. SECTION 18. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT. Each building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be billed separately for the payment of the water fees and the sewage disposal fees, and separate connections and meters will be required for each building. SECTION 19. PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall, upon conviction thereof, for each such offense, be subject to a fine or imprisonment or by both such fine and imprisonment as provided by law. Any failure or refusal by an owner to connect to the County sewer system after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates hereinabove provided, shall be construed to be a violation of this Ordinance. SECTION 20. All Ordinances or parts of Ordinances and all Sections or parts of Sections of the Code of Ordinances of Indian River County, Florida, in conflict herewith are hereby repealed. SECTION 21. EFFECTIVE DATE. This Ordinance shall become effective upon its passage. THIS ORDINANCE SHALL BECOME EFFECTIVE NOVEMBER 6, 1978. NOV 1 197193 0 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: IL VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a 4tljlaT47t MaflraYi! �t.aiatari�a=aras:a�!r in the Court, was pub- ,, , lisped in said newspaper In the issues of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this da of A.D._ ,/ us ne a4geK ell (Clerk of the Circuit Court, Indian(Ri r County, Florida) (SEAU NOTICE 1 NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to - wit: That part of Lot Za, KANSAS CITY COLONY SUBDIVISION, running from the Atlantic Ocean to Highway A -1-A, as recorded In Plat Book 4, Page 33, in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Said land lying and being in Indian River County, Florida. Subject to easements, restrictions and reservations of record. Be changed from R -IA to R-1 Residential. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be hold by said Planning and Zoning Commission in the County commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, September 14, 1978, at 7:30 p.m., after which said public hearing in relation thereto at which parties in interest and citizens shall have an Opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River county Courthouse, Vero Beach, Florida, on Wed- nesday, November 1, 1978, at 7:00 p.m Board of County Commissioners Indian River County By: Wiilbam C. WodtkeJr., Chairman Aug. 21,30,197L THE.FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. LARRY G. CATRON AND MR. AND MRS. DANIEL A. GALLO BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 38 OV 1 1978 a L BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 329W September 23, 1978 Mr. and Mrs. Larry G. Catron and Mr. and Mrs. Daniel A. Gallo 4575 North Federal Highway, Vero Beach, Florida 32960 Dear Mr. and Mrs. Catron; and Mr.. and Mrs. Gallo: In compliance with Florida Statute 125.66 the following is a Notice of'Fublic Hearing for rezoning -as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: That part of'Lot'20, KANSAS CITY COLONY SUBDIVISION, running from the Atlantic Ocean to Highway AlA, as recorded in Flat Book 4, page 23, in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Said land lying and being in Indian River County, Florida. Subject to easements, restrictions and reservations of record. Be changed from R-lA to R-1 Single Family District A public hearing in relation thereto will be held by the Board .of County Commissioners of Indian River. County, Florida, in the 'County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, November 1, 1978. Sin erel ��&O-w Aj Freda Wright. FW: of Clerk CC: Gordon B. Johnston, Esquire By: LC -��,►� t�2.o eputy ' ' er a `r r PLANNING DIRECTOR REDICK STATED THAT THIS PROPERTY IS LOCATED ON STATE ROAD AIA IN BETWEEN ROUND ISLAND PARK AND THE SOUTH COUNTY LINE, EAST OF THE HIGHWAY. THE PROPERTY IS OF SUCH SIZE THAT THE ONE UNIT ALLOWED UNDER THE CURRENT ZONING IS U4REAS01AB LE AND CHANGING THE ZONING TO R-1 WOULD PERMIT THREE DWELLING UNITS TO BE CONSTRUCTED. MR. REDICK NOTED THAT IN A RECENT REZONING THE nOARD CHANGED SIMILAR PROPERTY TO R-1. HE CONTINUED THAT STAFF INVESTIGATION INDICATED THAT THE CHANGE WAS ACCEPTABLE WITH ONE PROBLEM - THERE ISA DEEP DITCH AREA WHICH PRESENTS A PROBLEM IN TERMS OF FILLING AND THE PROPERTY ALSO WOULD BE FLOOD PRONE BECAUSE OF THE I` ELEVATION. THE DEVELOPER HAS INDICATED THAT THIS CAN BE FILLED SATISFACTORILY. THE PLANNING DIRECTOR INFORMED THE BOARD THAT THE PLANNING u ZONING COMMISSION FELT THEY HAD SET A PRECEDENT IN TAE PREVIOUS CHANGE TO THE R-1 ZONIlG TO THE NORTH OF THIS PROPERTY AND, THEREFORE, RECOMMENDED TAAT THE ZONING TO R-1 BE APPROVED, ATTORNEY GORDONI .JOHNSTON CAME BEFORE THE 7OARD REPRESENTING THE CATRONS AND GALLOS. HE STATED THAT HE HAD PREVIOUSL`/ PRESENTED LETTERS FROM ADJACENT NEIGHBORS, NONE OF WHOM HAD ANY OBJECTIONS TO THE REZONING, HE POINTED OUT THAT WITH THE ENVIRON MENTALLY SENSITIVE AREA ON THE OTHER SIDE OF .11'x, THEY ARE SEVERELY RESTRICTED AS TO THE USE OF THE PROPERTY. THE CHAIRMAN ASKED IF AAYONE PRESENT 4ISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING, ON 40TION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE lo, 73-35. 40 r NOV 1 1978. L�ox ` 19 I ORDINANCE NO. 78-35 WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That part of Lot 20, KANSAS CITY COLONY SUBDIVISION, running from the Atlantic Ocean to Highway A -1-A, as recorded in Plat Book 4, Page 23, in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Said land lying and being in Indian River County, Florida. Subject to easements, restrictions and reservations of .record. Be changed from R -1A to R-1 Residential. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect November 6, 1978. N 1 197 I 4 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: 42 NOV 1 197 d NOTICE IS H REBYEGIVEN that the VERO BEACH PRESS -JOURNAL Planning and Zoning Commission of Indian River County, Florida, has tentatively ap. Published Weekly Proved the s and additions to the Zoning Obi ainee of Indian River County, Florida, which changes and additions are as follows: STV Vero Beach, Indian River County, Florida 1. That the Zoning Map be changed in order that the following described property situated ip Indian River County, Florida, to -wit: COUNTY OF INDIAN RIVER: SE cornerhe f STATE OF FLORIDA 31Beggi Township $, a0 ZETA West to Town f Point Beginning; thence run North 859.03' Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 'to the South right-of-way line of existing State says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published Rod Outfall Ditch; thence run West along at Vero Beach in Indian River County, Florida; that the attached copy ofadvertisement, being said Outfall Ditch right-of-way a distance of 302'; thence run South 419.03'; thence run 3401 In a generally Westerly direction; thence a generally Southeasterly on a line parallel to the East right-of-way line of U.S. Highway No. 1 a distance of 490' to the South line of the N El/. In the matter of �� f�2�Qn a�M nn �' Of Section 31, Township 33 S, Range 40 E; moo run East a distance of 4821 to Point of Beginning, said land lying and being in Indian Rlver.County, Florida. 24 Be changed from R -IA Single Family District , ll of to R -IMP Mobile Nome Park District. in the Court; was Pub- AND Begin at the Southeast corner of the N E of Section 31, Township 33 South, Range 40 East, / (// lisped in said newspaper in the issues of a .1F [- % 9 '7 /J � i - run West No76P to the Point of Beginning. Run generally Northwesterly on a line parallel to the East fight -of -way line of U.S. Highway No, I a distance of 490'; thence in a generally Easterly direction run 3401; thence North 419.03' to the South right-of-way line of the existing State Road Outfall Ditch; run West a Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at distance of 390'; thence continue in a generally Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County,Florida, week) and has been entered Northwesterly direction along the South right - of -way line of the existing State Road Outfall as second class mail matter at the post office in Vero Bech, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- Ditch a Southeasterly distance 7 line thence arallerun lutot he east tisement; and affiant further says that he has neither paid nor promised any person, firm or right-of-wayline of U.S. Highway No. i a distance o 2101; thence run westerly ap. corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. proximately 277 degrees, c. 135' to the east right-of-way line of U.S. Highway No. 1; thence Sworn to and subscribed before me this y fes. A.D..�L run in a generally Southeasterly direction along said right-of-way of U.S. Highway No. 1 a distance of 4801; thence run East 130': thence run in a generally Southeasterly direction an a ' line parallel to the east right-of-way line of U.S. Highway No. 1 a distance of 3171; thence .- (Bushilf Manager) West 25'; thence run in a generally Southeasterly direction on a line parallel to the Eat right-of-way of U.S. Highway No. 1 a distance of 100'; thence run East along the (Clerk of the Circuit Court, Indian Rikrair County, Florida) (SEAL) South line of the HE 1/4 of Section 31, Township 33 South Range 40 East, a distance of 590' to Point of Beginning; said point being 767' West of the Southeast corner of the N E Ua of Section 31, Township 33 South, Range 40 East; said land lying and being in Indian River County, Florida. Be changed from C-1 Commercial to R -IMP THE FOLLOWING NOTICE OF THE PUBLIC Mobile Home Park District. tion thereto at Parti sbincinterest and chearinin if ze s $hall havewhich HEARING WAS SENT TO ROBERT VERHILL AND* opportunity to be heard, will be held by said Planning County ComZoning Commission in the mission Room, RICHARD ZEEFF BY THE CLERK OF THE CIRCUIT Indian River County Courthouse, Vero Beach, Florida, Thursday, September 14, 1978,. at 7:30 P.M., after whico h relation*tfzens ipaPublrties at n interest an COURT AS REQUIRED BY FLORIDA STATUTE 125.668 shall have an opportunity to be heard will be heldthe unty Flori commissioners ed ao River Coa, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wed. nesday, November 1, 1978, at 2:00 o'clock p.m. Board of County Commissioners Indian River County By: William C. Wodtke Jr., Chairman Indian River County Planning 6 Zoning Commission By: Dick Bird, Chairman Sept -3,6,1978. 42 NOV 1 197 d b 4 " BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON JACK t3. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32980 September 23, 1978 Mr. Robert Verhill.and Mr. Richard Zeeff 1950. South U.S. 1 Vero Beach, Florida 32960 Dear Mr. Verhill and Mr. Zeeffa In compliance with Florida Statute 125.66 the following is a Notice of -Public Hearing for rezoning as requested by the Indian River -County Planning and Zoning Commission. NOTICE , The Zoning Map will be changed in order that the following described property situated in Indian Ri Wit; yer County, Florida to - Begin at the SE corner•of'the NE4 of Section 31, Township 33 South, Range 40 East, run West 285` to p,o,b.; thence run North 859.031 to the South r.o.w, line of existing State Road Outfall. Ditch; thence run West along said out- fall Ditch right,of-way a distance of 3021; thence run South 419,031;thence run 340' in a generally westerly direction; thence generally Southeasterly on a line parallel to the East right-of-way line of U.S. Highway #1 a distance of 4901 to the South line of the NV,- of Section 31, Township 33 South, Range 40 East; thence run East a distance of 482' to p.o.b., said land lying and being in Indian River County, Florida. Be changed from R -1A Single Family District to R-lMP Mobile Home Park District AND Begin at the Southeast corner of the NE4 of -Section 31, Township 33 South, Range 40 East, run West 767' to the p.,o.b, Run generally Northwesterly on a line parallel to the East right-of-way line of U.S. Highway No. 1 a distance of 4901; thence in a generally Easterly direction run 340'; thence North 419.03' to the South right-of-way line of the existing State Road Outfall Ditch; run West a distance of 3901; thence continue in a generally Northwesterly direction along the South right-of-way line of the existing State Road Outfall Ditch a distance of 755'; thence run generally Southeasterly on a line parallel .to the east right-of-way line of U.S. Highway No,l a distance of 210 thence run westerly approximately 2770,c. 1351 to the east right-of-way line of U.S, Highway No,l; thence run in a generally Southeasterly direction along said right-of-way of U.S.Highway No.l ..at distance of 4801; thence run East 130!; thence run In a generally Southeasterly direction on'a' line Daralle'l ,to the East right-of-way line of U.S, Highway No.! a distance of 317'; thence West 25'; thence run in a generally Southeasterly direction on a line parallel to the East right-of-way of U,S; Highway No.l a distance of NOV 1 1978 0 I 1004; thence run East along the South line of the NE -y of Section 31, Township 33 South, Range 40 East, a distance of 590' to a poo.b.; said point being 767' gest of the Southeast corner of the NE -1,- of Section 31, Township 33 South, Range 40 East; said land lying and being in Indian River ' County, Florida, . Be changed from C-1 Commercial to R-1NP 11obile Home Park District, A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, ...Florida on Wednesday, November 1, 197.8, Sin xe1y, Freda Wright, VClerk By .. I - C' ---I ia.il � Deput erk PLANNING DIRECTOR REDICK NOTED THAT THIS IS All AREA WHICH IS LOCATED JUST NORTH OF VERO SHORES ON U.S. HIGHWAY I AND WHICH HAS BEEN IN QUESTION FOR SOME TIME, HE STATED THAT HIS DEPARTMENT HAS STUDIED THIS AREA TO SEE WHAT COULD BE•WORKED OUT TO BE SURE THAT THE VERO SHORES DEVELOPMENT WAS PROTECTED AS WELL AS THE PEOPLE IN THE MOBILE HOME PARK, AND THEY HAVE COME UP WITH A COMPROMISE PROPOSAL. HE NOTED THAT THERE IS AN EXISTING COMMERCIAL USE IN ONE AREA AT THE FRONT OF THE PROPERTY, AND IN ORDER TO PROVIDE A BETTER INTERSECTION AND LESSEN THE TRAFFIC HAZARD, THEY PLAN TO MOVE THE MAIN ENTRANCE INTO THE AREA THAT IS TO REMAIN COMMERCIAL FOR TRAILER SALES. THE MAIN PART OF THE FRONT OF THE PARK IS TO BE'REZONED TO R -IMP WITH THE REAR AREA REMAINING IN R -1A AS A BUFFER BETWEEN THE EXISTING DEVELOPMENT IN VERO SHORES AND THE TRAILER PARK AREA. THE INTENTION IS THAT THE DEVELOPER WILL SUBDIVIDE T4E REAR PORTION INTO 1/2 ACRE LOTS FRONTING ON 5TH AVENUE SE; WILL DEDICATE AN ADDITIONAL 1/2 ROAD AND PAVE IT; AND WILL PREPARE AND INSTALL A SHS PLANTING STRIP AT THE BACK TO MAKE A PERMANENT PLANTING EASEMENT BETWEEN THE PARK AND VERO SHORES. IR. REDICK INFORMED THE BOARD THAT AT THE PLANNING & ZONING COMMISSION HEARING, AND AFTER CONSIDERABLE INPUT FROM THE PUBLIC, THE PLANNING & ZONING COMMISSION IS RECOMMENDING THE CHANGES JUST REVIEWED. 44 NOV 1 1978 37 a4W E �i b i 1 0'� THE CHAIRMA14 ASKED ABOUT THE DRAINAGE, AND COMMISSIONER SIEBERT NOTED THAT THE MINUTES OF THE PLANNING & ZONING COMMISSION TALKED ABOUT SALT WATER INTRUSION. MR. REDICK STATED THAT ONE INDIVIDUAL AT THE HEARING FELT SALT WATER INTRUSION MIGHT OCCUR BECAUSE OF ADDITIONAL PUMPING AT THE TRAILER PARK, COMMISSIONER SIEBERT ASKED IF IR. REDICK WAS SATISFIED THAT THERE IS NO PROBLEM IN DRAWING DOWN THE WATER TABLE FROM THE ADJACENT PROPERTIES, MR. REDICK STATED THAT THERE WAS AN F_NGI"JEER'S STATEMENT THAT THIS WOULD NOT SUBSTANTIALLY CONTRIBUTE TO POTENTIAL SALT NATER INTRUSION. COMMISSIONER LOY ASKED IF ONE OF T4E OVERRIDING FACTORS Ili THIS PLAN IS TO ALLEVIATE THE CURRENT ZONING IN THE TRAILER PARK SO THAT IT COULD NOT BE SOLD OUT FROM UNDER THE PEOPLE 1d4,0 LIVE THERE APID PUT IPJ SOME TYPE OF COMMERCIAL USE, AND PLANNING DIRECTOR REDICK STATED THAT IS CORRECT BECAUSE•ALL THE HOMES THERE ARE riON—001 FORMING AT THE PRESENT TIME. COMMISSIONER SCHMUCKER ASKED IF THERE HAS EVER BEEN ANY DISCUSSION ABOUT A BUFFER STRIP ON TRE SOUTH SIDE. THE PLANNING DIRECTOR STATED THAT THIS IS PROVIDED FOR UNDER SITE PLAN APPROVAL. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. MRS. WILLIAM BIDLINGMAYER INFORMED THE BOARD THAT SHE AND HER HUSBAND ARE 014NERS OF THE PROPERTY ADJACENT TO THE NORTH, AND THEY OBJECT TO THE PROPOSED ZONING. SHE NOTED THAT THEY RELY ON AN ARTESIAN WELL FOR IRRIGATING THEIR GARDEN AND GROVE AREA AND HAVE ALWAYS BEEN VERY CONCERNED ABOUT SALT WATER INTRUSION. !IRS. PIDLING— MAYER THEN SPOKE ABOUT THE'INADEOUACY OF THE DRAINAGE FOR THE AREA AND STATED THAT THIS IS SOMETHING THEY HAVE TRIED TO DEAL WITH FOR MANY YEARS. SHE NOTED THAT THE CANAL ON THE NORTH OF THE TRAILER PARK IS DEEDED TO THE STATE ROAD DEPARTMENT AND IS THEIR RESPONSIBILITY. SHE CONTINUED THAT EVER SINCE VERO SHORES DEVELOPED, THEIR DRAINAGE HAS BEEN LESS THAN ADEQUATE AND WHEN IT RAINS VERY MUCH, THE WATER BACKS UP ONTO THEIR LAND. SHE REQUESTED THAT THE ZOARD LOOK INTO THESE PROBLEMS. 45 BOOK 37 P,A,t.° 0_ w _m 0 SHE POINTED OUT THAT THEY PURCHASED THEIR PROPERTY MANY YEARS AGO WHEN THE MOBILE HOME PARK WAS CONSIDERABLY SMALLER AND BEFORE VERO SHORES WAS DEVELOPED. IRS. BIDLINGMAYER STATED THAT THE PROPOSAL PRESENTED TO THE BOARD REPRESENTS A COMPROMISE FOR VERO SHORES, BUT NO PROVISION HAS BEEN MADE FOR HER PROPERTY. SHE REQUESTED AS AN ABSOLUTE MINIMUM A 59' BUFFER STRIP SIMILAR TO THE ONE WHICH IS PROPOSED TO SEPARATE VERO SHORES FROM THE PARK AREA. SHE CONTINUED THAT THEY HAVE BEEN TOLD THAT THE OPEN DITCH AND OPEN DRIVEWAY IS THEIR BUFFER ZONE, BUT POINTED OUT THAT THIS DITCH AND DRIVEWAY MUST REMAIN OPEN AND FURTHER NOTED THAT THE PROPERTY OWNERS IN VERO SHORES DID NOT ACCEPT THE STREET RIGHT—OF—!'JAY AS AN ADEQUATE BUFFER. "IRS. ')IDLINGMAYER ALSO NOTED THAT THE 25' DITCH IS THEIR LAND W41C4 THEY DONATED, SHE REQUESTED THAT THE BUFFER STRIP BE DEFINED AS A WOODED BUFFER ZONE, THE CHAIRMAN ASKED IF ANYONE ELSE WISHED TO BE HEARD, THERE WERE NONE. !1R. REDICK INFORMED THE OARD THAT 'IR. BIDLINGMAYER MADE A REQUEST FOR A BUFFER STRIP AT THE PLANNING 2, ZONING COMMISSION HEARING, AND IT WAS POINTED OUT AT THAT TIME THAT A BUFFER 'MOULD BE REQUIRED AS A PART OF THE LANDSCAPE ORDINANCE. THE REQUEST FOR 53' WAS MADE, BUT THE PLANNING & ZONING COMMISSION INDICATED IN ITS OPINION THAT THE REQUIREMENTS SET OUT IN THE ORDINANCE WOULD SUFFICE. MRS. BIDLINGMAYER STATED THAT THEY WERE TOLD THE BUFFER STRIP COULD BE GRASS, WHICH WOULD NOT DO THE JOB, AND THEY ;'COULD LIKE THIS DEFINED. MR. REDICK EXPLAINED THAT THE 19' BUFFER REQUIRED BY THE ORDINANCE MUST SCREEN THE AREA WITHIN ONE YEAR FROM PLANTING AND SHOULD BE A 6' HIGH SOLID HEDGE. MRS. BIDLINGMAYER FELT THIS SHOULD BE MADE A PART OF -THE PUBLIC RECORD, AND IT WAS NOTED THAT IT IS LAW NOW, COMMISSIONER SIEBERT POINTED OUT THAT THIS WOULD BE A PART OF SITE PLAN REVIEW AND WOULD HAVE TO BE TAKEN CARE OF AT THE TIME OF SITE PLAN REVIEW. CHAIRMAN WODTKE NOTED THAT THERE IS AN EXISTING 25' DITCH AND THE 25' ROAD AND THIS WOULD BE 10' ADDITIONAL FOR A HEDGE SO THERE c If i i \11 46 T%,7,202 6 777 WOULD BE A TOTAL OF 69' BETWEEN THE MOBILE HOME PARK AND THE BIDLINGMAYER PROPERTY. PLANNING DIRECTOR REDICK STATED THAT WAS CORRECT. COMMISSIONER SIEBERT ASKED WHAT ASSURANCE THERE IS THAT ti THE REAR PORTION WILL BE SUBDIVIDED, AND PLANNING DIRECTOR REDICK STATED THAT THE COMPROMISE IS CONDITIONED UPON THE SUBDIVIDING BEING CARRIED OUT, ATTORNEY COLLINS NOTED THAT HE HAS A PROBLEM KITH"THAT AND DID NOT FEEL AS LONG AS THE PROPERTY REMAINS R -IA THAT IT IS IMPORTAIT WHETHER IT IS SUBDIVIDED OR NOT, THE CHAIRMAN STATED THAT HE BELIEVES THIS IS A WORKABLE PLAN THAT MAKES SENSE TO A MAJORITY OF THE PEOPLE. HE ALSO DID NOT FEEL THERE CAN BE ANY GUARANTEES ABOUT SALT WATER INTRUSION. ON.MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. DISCUSSIO°J CONTINUED IN REGARD TO THE LOCATIO'l OF riE PUFFER STRIP IN THE REAR, AND PLANNING DIRECTOR REDICK STATED THAT ACTUALLY THERE ARE 11,10 PLANTING STRIPS - THE SO' WILL BE ON THE R -I , AS ONE OF THE CONDITIONS OF THE COMPROMISE, AND THE 11' STRIP WILL BE ON THE R -EMP. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, TO ADOPT ORDINANCE 7,-35 GRANTING THE REZONING AS PROPOSED, CHAIRMAN WODTKE STATED THAT HE BELIEVED THIS WILL SOLVE QUITE A FEW PROBLEMS, AND MOST IMPORTANTLY :MILL GIVE THE MOBILE HOME OWNERS THE PROPER ZONING TO ASSURE THAT THEY CAN REMAIN THERE. IT ALSO REDUCES THE COMMERCIAL AND ASSURES CONTINUATION OF THE R -IA IN THE AREA, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 10 47 NOV 1 1978 37 j283 E. 5 r, ORDINANCE NO. 78-36 WHEREAS, The Board'of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; SNOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: Begin at the SE corner of the NE -14 of Section 31, Township 33 S, Range 40 East, run West 285' to Point of Beginning; thence run North 859.03' to the South right-of-way line of existing State Road Outfall Ditch; thence run West along said Outfall Ditch right-of-way a distance of 302'; thence run South 419.03'; thence run 340' in a generally Westerly direction; thence generally Southeasterly on a line parallel to the East right- of-way line of U. S. Highway #1 a distance of 490' to the South line of the NE4 of Section 31, Township 33 S, Range 40 E; thence run East a distance of 482' to Point of Beginning, said land lying and being in Indian River County, Florida. Be changed from R -1A Single Family District to R-1MP Mobile Home Park District. AND Begin at the Southeast corner -of the NE4 of Section 31, Township 33 South, Range 40 East, run West 767' to the Point of Beginning. Run generally Northwesterly on a line parallel to the East right-of-way line of U. S. Highway #1 a distance of 490'; thence in a generally Easterly direction run 340'; thence North 419.03' to the South right-of-way line of the existing State Road Outfall Ditch; run West a distance of 390'; thence continue in a generally Northwesterly direction along the South right-of-way line of the existing State Road Outfall Ditch a distance of 755'; thence run generally Southeasterly on a line parallel to the east right-of-way line of U. S. Highway #1 a distance of 210'; thence run westerly approximately 2770, c. 135' to the east right-of-way line of U. S. Highway #1; thence run in a generally Southeasterly direction along said right-of-way of U. S. Highway #1 a distance of 480'; thence run East 130'; thence run in a generally Southeasterly direction on a line parallel to the east right-of-way line of U. S. Highway #1 a distance of 317'; thence West 25'; thence run in a generally Southeasterly direction on a line parallel to the East right-of-way of U. S. Highway #1 a distance of 100'; thence run East along the South line of the NE4 of Section 31, Township 33 South, Range 40 East, a distance of 590' to Point of Beginning; said point being 767' West of the Southeast corner of the NE4 of Section 31, Township 33 South, Range 40 East; said land lying and being in Indian River County, Florida. Be changed from C-1 Commercial to R-1MP Mobile Home Park District. !, T 1 -2 - All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect November 6, 1978. p • 1 ' 66 l�,G,J31 t1ih1.J�- � L RICHARD COMMAROTA OF 1275 40TH AVENUE CAME BEFORE THE BOARD TO DISCUSS THE SOUTH COUNTY WATER "MUNICIPAL SERVICES BISTRICT. HE STATED THAT HE AND OTHER NEIGHBORS ON 49TH AVENUE ARE OPPOSED TO THE 1/4 MILL TAX BECAUSE THEY HAVE ALREADY PAID THE PRICE FOR !MATER AND 4 SEWER LINE HOOKUPS TO THE CITY OF VERO BEACH. THEY, THEREFORE, 'WANT NO FURTHER EXPENSE IN THIS MATTER, AND FEEL THE MILLAGE IMPOSED ON THEM IS UNFAIR BECAUSE THEY DO NOT FEEL THEY SHOULD BE PAYING FOR ANYONE UNDER MID FLORIDA UTILITIES. HE ALSO FELT THERE ARE A LOT OF QUESTIONS THAT ARE UNANSWERED AND ASKED IF THE CITY OF VERO PEACH WILL TURN OVER THE LINES ON 47TH AVENUE WITH NO CHARGE TO THE COUNTY OR TO THE CUSTOMERS. WILL THE CUSTOMERS HAVE TO PAY A RE -HOOKUP FEE IF THE COUNTY TAKES OVER? WILL SEWER AND WATER RATES AT THE TIME OF TAKE-OVER BE THE SAME OR LOWER THAN THE CITY OF VERO PEACH? !'+,HEN THE COUNTY PURCHASED 'lID FLORIDA AND FINDS OUT T14AT THE SYSTEM IS INADEQUATE, WILL THAT BE AN ADDITIONAL COST? IR. COMMAROTA FELT THAT IF THE CITY COULD EXEMPT ONE STREET' FROM SEWER SERVICE TO SAVE TREES, IT COULD ALSO EXEMPT 40TH AVENUE. CHAIRMAN WODTKE NOTED THAT HE HAD WRITTEN IR. COMMAROTA THAT THE COUNTY DOES NOT KNOW WHAT THE CITY OF VERO TEACH IS GOING TO DO WITH THE SERVICES THEY ARE SUPPLYING OUTSIDE THEIR CITY LIMITS THE COUNTY IS DOING A STUDY AND IS GOING TO PROVIDE WATER - NOT SEWER, AND THERE IS A.GREAT POSSIBILITY THE COUNTY {MILL HAVE TO SERVICE THE AREA THE CITY IS NOW SERVICING. THE CHAIRMAN POINTED OUT THAT THE CITY SERVICES IN A HIT-OR-MISS FASHION VARIOUS LOCATIONS OUTSIDE CITY LIMITS, AND IT WOULD BE A VIRTUAL IMPOSSIBILITY FOR THE COUNTY TO SERVICE IN BETWEEN THESE RANDOM STREETS WE MUST WORK OUT THESE MATTERS WITH THE CITY; LINES MUST BE NEGOTIATED FOR; AND'A COMPLETE STUDY MUST BE MADE BEFORE ANY HOOKUP CHARGES OR RATES CAN BE DETERMINED. THE CHAIRMAN FURTHER NOTED THAT THE COUNTY IS PURCHASING MID FLORIDA -BECAUSE IT IS INADEQUATE. THE COUNTY HAS PROBLEMS WITH MANY FRANCHISES AND THE RATES THEY ARE CHARGING. MR. COMMAROTA FELT THAT THE COUNTY WAS NOT AWARE OF THE CIRCUMSTANCES ON 40TH AVENUE. y COMMISSIONER SIEBERT AGREED THAT HE HAD NOT BEEN AWARE THAT ANY CITY CUSTOMERS WERE INCLUDED IN THE TAXING DISTRICT, BUT AFTER u 50 DISCUSSING THIS WITH THE ATTORNEY AND THE BOARD, HE DOES NOT FEEL THERE IS ANYTHING WE CAN DO ABOUT IT. CHAIRMAN HODTKE STATED THAT. HE UNDERSTANDS IR. COMMAROTA'S CONCERN, BUT NOTED THAT THERE IS NOT GOING TO BE ANY CHARGE IN THIS DISTRICT OTI4ER THAN THE 1/4 MILL FOR THE STUDY, WHICH MUST BE DONE.. HE NOTED THAT THE STUDY WILL PROVIDE T4E ANSWERS TO IR. COMMAROTA' S (QUESTIONS. MR. COMMAROTA REITERATED THAT HE DID NOT FEEL HE SHOULD HAVE TO PAY FOR 'SID FLORIDA'S PROBLEMS AND HE DID FEEL HE WILL GET ANY BENEFIT FROM THE TAXING DISTRICT. COMMISSIONER SIEBERT FELT THERE WILL BE A BENEFIT, IF FOR NO OTHER REASON THAN THAT THE COUNTY WILL LOCATE A CONTINUING SUPPLY OF NATER FOR THE AREA WHERE IR. COMMAROTA RESIDES. HE FELT IT WAS EVEN A POSSIBILITY THAT THE COUNTY COULD END UP SUPPLYING TAE CITY OF VERO BEACH. COMMISSIONER Loy POINTED OUT THAT TIE COUNTY IS TRYING TO TAKE CARE OF A DEFINITE NEED IN THAT AREA, PSR, COMMAROTA STATED THAT HE WOULD LIKE TO ATTEND X4Y FURTHER MEETINGS HELD ON THIS MATTER AND WOULD PREFER THAT THEY BE HELD AT NIGHT. ' ADMINISTRATOR .JENNINGS STATED THAT COMMISSIONER DEESON.HAD REQUESTED A REPORT ON THE STATUS OF THE 11ABASSO ')EACH PARK PROJECT AND INFORMED THE BOARD THAT HE HAD A DRAWING MADE A°ID HAS BROKEN DOWN SOME ITEM -BY -ITEM COSTS FOR 111ORK THAT WAS PROPOSED, HE SUGGESTED T -IAT A WORKSHOP MEETING BE HELD TO DECIDE WHAT PORTION OF THE 111ORK SHOULD BE DONE, WHERE IT IS GOING TO BE FENCED, ETC., AND THEN HE COULD ESTIMATE AN OVERALL COST, CHAIRMAN WODTKE INSTRUCTED COMMISSIONER DEESON TO WORK WITH THE ADMINISTRATOR AND HIS STAFF ON THIS MATTER AND REPORT BACK WITH 4 RECOMMENDATIONS. HE NOTED THERE ARE STILL SOME VENDORS AT THIS LOCATION, AND ADMINISTRATOR .JENNINGS STATED THAT HE HAD CALLED THE DCT ABOUT THIS AND WOULD CALL THEM AGAIN. COMMISSIONER SIEBERT ASKED TO ADD AN EMERGENCY ITEM TO THE AGENDA IN REGARD TO THE FIRE DISTRICT STUDY COMMITTEE: 51 NOV 1 1978137 a �f. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM REnUESTED BY COMMISSIONER SIEBERT TO TODAY'S AGENDA, COMMISSIONER SIEBERT STATED THAT HE, ATTORNEY COLLINS, ATTORNEY CALDWELL, CITY COUNCILMAN DAVID GREGG, CITY sIANAGER JOHN LITTLE, ATTORNEY CLEM AND !'MAYOR IOLAN OF INDIAN 'RIVER SHORES, AND CITY ATTORNEY TOM PALMER MET IPJ HIS OFFICE LAST FRIDAY IN A !tIORKSHOP SESSION TO DISCUSS THE BEST WAY TO GET THE FIRE DISTRICT OFF THE GROUND AND MOVING. THERE ARE TWO REQUESTS WHICH HE WAS TO BRING BACK TO THE BOARD. ONE WAS THAT WE APPOINT TWO MEMBERS TO A FIRE STUDY COMMITTEE WITH THE IDEA THAT THE COMMITTEE MOULD CARRY FORWARD, IF A DISTRICT IS CREATED, AND BECOME MEMBERS OF THE ADMINISTRATIVE PART OF THE FIRE DISTRICT, THE OTHER WAS THAT A STUDY BE DONE TO DETERMINE !SHAT OUR NEEDS ARE, WHAT WE PRESENTLY HAVE, AND THE DIRECTION WE WOULD GO !11THIN THE NEXT FIVE YEARS, COMMISSIONER SIEBERT CONTINUED THAT THE Towi OF INDIAN RIVER SHORES NOMINATED SUZANNE•BODEN, AND THE CITY OF VERO ,EACH WOULD BE REPRESENTED BY lAYOR SCURLOCK AND DAVID GREGG, !iE ASKED THAT THE BOARD APPOINT TiIO MEMBERS TO REPRESENT THE COUNTY AND STATED THAT HE WOULD LIKE TO AGREE, IPJ PRINCIPLE, THAT THE COUNTY WOULD FUND A STUDY AS REQUESTED BY THE MUNICIPALITIES. COMMISSIONER SIEBERT FELT THE STUDY IS NEEDED BECAUSE THERE SEEMS TO BE SOME PARANOIA ABOUT WHO IS GOING TO CONTROL WHAT AND WHERE EVERYTHING IS GOING, CHAIRMAN WODTKE STATED THAT HE AGREED WE SHOULD NOMINATE TWO MEMBERS TO SERVE ON THE COMMITTEE, BUT HE MOULD LIKE TO KNOW WHAT THE STUDY WOULD COST, AFTER SOME DISCUSSION, IT WAS DECIDED THAT COMMISSIONER SIEBERT AND CHAIRMAN ','!ODTKE WILL SERVE ON THE COMMITTEE. COMMISSIONER Loy CONCURRED THAT A STUDY IS IMPERATIVE IF THE DISTRICT IS GOING TO BE SUCCESSFUL, BUT ALSO WISHED TO KNO!l WHAT n SUCH A STUDY WOULD COST, SHE FELT THE BOARD SHOULD BASICALLY SUPPORT THE NEED FOR SUCH A STUDY AND THEN MOVE FORWARD TO DETERMINE A COST, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY, IN CONJUNCTION 52 NOV 1 1978 37 pu,-Z08 J WITH THE CHAIRMAN AND/OR COMMISSIONER SIEBERT, TO INVESTIGATE THE ALTERNATIVES THAT ARE OPEN AND THE PROFESSIONALS THAT WOULD BE AVAILABLE TO CONDUCT A FIRE DISTRICT STUDY. CHAIRMAN WODTKE ANNOUNCED THAT AT THIS TIME THE °OARD WILL 'REVIEW INFORMATION OBTAINED AT THE PUBLIC HEARING IN REGARD TO ITEM 9 OF THE REVISION -TO THE COMPREHENSIVE LAND USE PLAN. HE INFORMED THOSE PRESENT THAT THE PUBLIC HEARING HAS ENDED AND THERE WILL BE NO FURTHER PUBLIC INPUT. THE CHAIRMAN NOTED THAT MUCH 'HAS BEEN SAID ABOUT THE BOARD TAKING TIME TO MAKE A DECISION AND STATED THAT HE WOULD HOPE THAT ANYONE SITTING ON THIS BOARD 11OULD ALWAYS 111AP1T TO MAKE CERTAIN THAT INFORMATION PRESENTED WAS FACTUAL AND ACCURATE. THE CHAIRMAN NOTED THAT THE LAND USE PLAN IS A PLAN FOR TIRE FUTURE OF THE COUNTY AND HE FELT STRONGLY THAT THE FUTURE NEEDS OF THE SOUTi PEACH !'BILL CALL FOR SOME -CLUSTER U14ITS, FOR MANY REASONS, PJCLUDING PRESERVING OUR NATURAL RESOURCES BY MINIMIZING THE USE OF ''LATER FOR LAPIS, PROVIDING MORE OPEN SPACE, LO14ERING COST OF DEVELOPMENT, ETC. THE CHAIRMA"I STATED THAT HE IS, HOWEVER, OPPOSED TO THE COMMERCIAL Z09ING PROPOSED. CHAIRMAN WODTKE FELT THE COUNTY IS FORTUNATE TO HAVE *DEVELOPERS SUCH AS MR. PADGETT, BUT CONTINUED THAT HE BELIEVED THE ONLY IIAV THE REQUEST TO BUILD 1110 UNITS WOULD BE IN LINE WOULD BE IF THE COUNTY AAD PLANNED UNIT DEVELOPMENT TO INSURE ADEQUATE CONTROL OF SUCH A PROJECT, HE FELT THAT THE REQUEST REALLY SHOWS THE NEED FOR PAD. UNDER '.•dHICH THE COUNTY CAN REQUIRE PROPERTY TO BE DEVELOPED AS APPROVED REGARDLESS .OF OWNERSHIP AND URGED THAT THE BOARD NOT MAKE A FINAL DECISION UNTIL THE COUNTY CAN DEVELOP THE P.U.D. ORDINANCE ON WHICH THEY HAVE BEEN WORKING. COMMISSIONER SIEBERT STATED THAT DURING THE LAST SIX DAYS SINCE THE PUBLIC .HEARING, HE HAS HAD AN OPPORTUNITY TO TALK TO AT LEAST ZS OF THE PROPERTY OWNERS IN THIS AREA, AND FELT AFTER SPENDING A GREAT DEAL OF TIME TALKING WITH THEM, THAT BOTH HE AND THEY CAME AWAY WITH A BETTER UNDERSTANDING OF WHAT EACH OTHER'S GOALS WERE. THE DIFFERENCE WAS ONLY IN APPROACH; THE GOALS ARE THE SAME, COMMISSIONER SIEBERT DISCUSSED DENSITY, NOTING THAT THE TOTAL PROPOSED PROJECT IS JUST SLIGHTLY OVER 3 UNITS PER ACRE, WHICH IS LESS THAN IS 53 NOV 1 1978 0 ALLOWED UNDER LOW DENSITY. HE ALSO ASKED IF WE HAVE THE LEGAL OR MORAL RIGHT TO TELL SOMEONE IF THEY WANT A PARTICULAR LIFE STYLE, THEY CAN'T LIVE ON SOUTH PEACH. HE STATED THAT IF THIS WERE A REZONING REQUEST, HE WOULD MAKE A MOTION TO DENY THE REZONING AT THIS TIME, AND STATED THAT, IN ANY EVENT, HE DID NOT FEEL THE CHANGE IN THE 'TASTER PLAN WOULD AUTOMATICALLY ENTITLE THE DEVELOPER TO THE REZONING. '1E CONTINUED THAT THE BEST ARGUMENT HE HEARD IN OPPOSITION WAS THE EFFECT THAT THIS MIGHT HAVE 04 THE LIFE STYLE OF THE PEOPLE WHO LIVE ON SOUTH BEACH, BUT HE FELT THE BEST WAY TO PROTECT THE INTEGRITY OF THE AREA IS TO HAVE A MIXTURE OF SINGLE FAMILY AND MULTIPLE UNITS. COMMISSIONER SIEBERT ALSO FELT THE COMMENTS MADE BY THE AUDUBON SOCIETY WERE VERY PERTINENT AND AGREED THAT WE DO HAVE TO PROTECT OUR ENVIRON- MENTALLY SENSITIVE AREAS AND LIMIT PAVED AREAS, ETC, HE STRESSED THAT VIE DESPERATELY NEED P.U.D. FOR THIS C=NTY SO IT CAN GROW SLOWLY AND PROPERLY. COMMISSIONER SIEBERT FELT THE BEST WAY TO PROTECT THE LAND IS TO DEVELOP IT, BECAUSE THE LONGER IT SITS VACANT, THE GREATER THE OPPORTUNITY TO GET IT INTO A HIGHER DENSITY.- !'IE STATED THAT AE DOES NOT FAVOR THE COMMERCIAL 3UT INTENDS TO VOTE IN FAVOR OF CHANGING THE PIASTER PLAN OTHERWISE; ALTHOUGH HE WOULD VOTE AGAINST A REZONING AT THIS POINT, ' COMMISSIONER Loy STATED THAT AFTER MANY HOURS OF DELIBERATION, INPUT FROM THE CITIZENS, LISTENING TO TAPES OF THE PUBLIC HEARINGS, AND GOING OVER THE MATERIALS PRESENTED, SHE HAS COME TO THE CONCLUSION THAT SHE WILL NOT VOTE IN FAVOR OF THE RECOMMENDED CHANGE IN THE SOUTH BEACH AREA. COMMISSIONER Loy STATED THAT SHE FELT A CHANGE IN THE MASTER PLAN AT THIS DATE WOULD BRING ON AN IMMEDIATE RESPONSE IN REQUESTS FOR REZONING IN THIS AREA, WHICH SHE FELT WOULD BE IMPOSSIBLE TO REFUSE IF THE MASTER PLAN INDICATED THIS AS A TYPE OF PERMISSIBLE ACTIVITY. SHE NOTED THAT PLANNERS ARE DESIGNERS AND IT IS THEIR RESPONSIBILITY TO PRESENT A LONG RANGE GOAL FOR HANDLING OUR COUNTY FOR YEARS TO COME, BUT IT IS THE BOARD'S RESPONSIBILITY TO MAKE THE FINAL DECISIONS BASED ON FACTS AND THE CITIZENS THAT ARE DIRECTLY AND INDIRECTLY AFFECTED, SHE FELT THAT AT THIS TIME WE DO NOT HAVE ADEQUATE RULES AND REGULATIONS TO INSURE THAT DEVELOPMENTS WILL BE MADE ACCORDING TO THE PLANS THAT PRECIPITATED THE REQUEST FOR THE ,4 NOV 1 1978 *; it 0 d ' CHANGE IN THE PASTER PLAN. SHE ALSO NOTED THAT THE PEOPLE HAVE INDICATED BY AN OVERWHELMING MAJORITY THAT THEY ARE NOT IN FAVOR OF A CHANGE IN THIS AREA., COMMISSIONER Loy STATED, IN ADDITIO1, THAT THERE HAVE BEEN NO MAJOR CHANGES IN THE AREAS OF SUPPLYING NEEDED SERVICE 4 FOR UTILITIES, AND DID NOT FEEL WE HAVE RECEIVED VALID REASONS FOR MAKING A CHANGE, AND SHE, THEREFORE, FELT THE BEST INTERESTS OF THE COUNTY WOULD BE SERVED IF THE (ASTER PLAN WERE NOT CHANGED AT THIS TIME. COMMISSIONER DEESON FELT THERE MUST BE A BALANCE BETWEEN PUBLIC CONCERN AND PRIVATE INTEREST. HE ALSO FELT THERE IS A NEED TO PROVIDE ALTERNATIVES TO THE COSTLY SINGLE FAMILY DEVELOPMENT AND STATED HE COULD SUPPORT OTHER TYPES OF DEVELOPMENT IF LOW DENSITY WERE MAINTAINED. HE DID NOT FEEL, HOWEVER, THAT HE HAD THAT ASSURANCE SINCE THE PROPERTY COULD BE TRA!ISFERRED. COMMISSIONER DEESON STATED THAT HE, THEREFORE, WOULD VOTE AGAINST ANY CHANGE TO THE (ASTER PLAN. COMMISSIONER'SCHMUCKER STATED THAT BASICALLY HE BELIEVES THAT A MIXTURE OF DEVELOPMENT IS PREFERABLE AND THAT MOTH MULTIFAMILY AND SINGLE FAMILY DEVELOPMENT IS NEEDED IN THE COMMUNITY. HE CONTINUED THAT HE FELT THE HIGHER DENSITY SHOULD NAVE BEEN ALLOWED UP NEAR THE CITY OF VERO BEACH LIMITS BECAUSE THERE IS ALREADY HIGH DENSITY THERE, BUT THE PROBLEM HE HAS WITH THIS PROPOSAL IS THAT IT IS HOP -SKIPPING PARTIALLY DOIIN THE ISLAND AND IS SERVING MAINLY ONE INDIVIDUAL. COMMISSIONER SCHMUCKER STATED THAT HE DOES FEEL THIS TYPE OF DEVELOP- MENT SHOULD BE IN THE SOUTH BEACH AREA, BUT THE CONDITIONS UNDER WHICH THIS REQUEST IS MADE MAKES HIM FEEL THAT THIS IS NOT THE TIME FOR IT, HE NOTED THAT HE HAS -ALWAYS CONSIDERED MASTER PLANS AS BLOBS,: AND HE WOULD RATHER PUT ABOUT FIVE OR SIX LITTLE ROUND DOTS DOWN THE ISLAND TO ALLOW A LITTLE BIT OF MULTIPLE IN SEVERAL AREAS, BUT OUR RULES AND REGULATIONS DO NOT ALL01,11 THIS. COMMISSIONER SCHMUCKER CONTINUED THAT WE HAVE A SEVERE PROBLEM WITH WATER AND SEWER IN THE SOUTH BEACH AREA; IN ADDITION, MOST OF THE PEOPLE DO NOT WANT THE PROPOSED CHANGES; AND HE, THEREFORE, WOULD VOTE AGAINST IT. CHAIRMAN WODTKE FELT THAT IN THE FUTURE THERE IS GOING TO BE A NEED FOR SOME CLUSTERING AND POSSIBLY SOME MULTIPLE FAMILY, AND 55 NOV 1 197 7 1, r .i • 0 HE WOULD AGREE WITH ALLOWING THIS, BUT HE DOES NOT AGREE WITH 1EDIUM DENSITY WHICH MILL ALLOW 5-19 UNITS ON OUR COMPREHENSIVE PLAN. THE CHAIRMAN STATED THAT HE IS IN FAVOR OF WHAT PIR' PADGETT IS PROPOSING, BUT HE IS NOT IN FAVOR OF THE ONLY WAY IT IS POSSIBLE TO DO THIS NOW, WHICH IS WITH 'IEDIUM DENSITY. HE ONCE AGAIN DISCUSSED THE DESIR- ABILITY OF HAVING P.U.D. TO CONTROL SUCH PROJECTS, COMMISSIONER SIEBERT NOTED THAT THOUGH THE COMMISSIONERS MAY NOT ALWAYS AGREE WITH EACH OTHER, THEY RESPECT EACH OTHER'S VIEWS AND ALWAYS PULL TOGETHER WHEN A DECISION IS REACHED. 11E STATED THAT HE WILL VOTE FOR THE CHANGES, BUT WILL SUPPORT WHATEVER DECISION IS MADE BY THE BOARD. HE STATED THAT THE ONLY REASON HE IS IN FAVOR OF THE °MEDIUM DENSITY IS THAT IT ALLOWS MULTIPLE FAMILY IN THE SOUTH BEACH AND HE FELT WE DO HAVE ADEQUATE SAFEGUARDS BECAUSE THE DEVELOPER WOULD HAVE TO GO THROUGH THE DPI PROCESS, WHICH TAKES I/ITO CONSIDERATION DRAINAGE, LOCAL TRAFFIC CONDITIONS, ETC. HE COTITI4 UED TO DISCUSS THE PHILOSOPHY OF THE "ASTER PLAN AND AGREED WITH COMMISSIONER SCHMUCKER THAT WE ARE MAKING SOME PEOPLE RICH BY PLACING A PARTICULAR SLOB ON THE MAP, WHICH HE FELT IS DISCRETIONARY. HE ASKED THE COMMISSIONERS IF THEY FEEL WE ARE TRULY TALKING ABOUT DENSITY OR ARE WE TALKING ABOUT MULTIFAMILY. CHAIRMAN 11ODTKE STATED THAT HE FEELS THE DECISION IS FOR EITHER LOW DEIISITY OR MEDIUM DENSITY, AND WE HAVE NO WAY TO HAVE MULTI -FAMILY IN LO14 DENSITY. HE WOULD PREFER TO MAKE THAT AVAILABLE IN THE P.U.D. METHOD WHERE WE CAN PROTECT THE OPEN SPACE. HE STATED THAT HE IS FEARFUL OF PUTTING ANYTiING ON THE LAND USE PLAN IN A 5-12 DENSITY UNTIL WE HAVE A CHANCE TO GET P.U.D. ATTORNEY COLLINS POINTED OUT -THAT THE MATTER BEFORE THE BOARD IS THE QUESTION OF WHETHER OR NOT INDIAN RIVER COUNTY ORDINANCE 76-12 AS ADVERTISED AND AS APPLIED TO ITEM 9 WILL BE AMENDED. COMMISSIONER LOY AGREED WE HAVE A SPECIFIC RECOMMENDATION IN FRONT OF US AND MUST ACT ON IT. SHE ALSO FELT P.U.D. IS A74 ESSENTIAL TOOL FOR GOOD DEVELOPMENT. SHE AGREED THAT MR. PADGETT HAS DOME A VERY FINE JOB IN THE AREAS HE HAS DEVELOPED IN THIS COUNTY, BUT DID NOT BELIEVE WE ARE IN ANY POSITION TO MAKE A CHANGE IN OUR °'ASTER PLAN BASED ON WHAT WE THINK IS A PROPOSAL BY A DEVELOPER. 56 V 1 1978 37 �F CHAIRMAN WODTKE FELT THE ONLY REASON THE REQUEST WAS MADE WAS BECAUSE THE PROPER METHOD WAS NOT AVAILABLE ANY OTHER WAY, BUT AGREED THAT YOU DO SET SOME PRECEDENCE 1V11EN YOU GRANT MEDIUM DENSITY IN A PARTICULAR AREA. ON LOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE ',OARD DEMIED THE PROPOSED RECOMMENDATION CONCERNING ITEM! O OF THE COMPREAENSIVE LAND USE PLAN REVISION SO THAT THE PRESENT �-IASTER PLAN 'IOULD REMAIN THE SAME AS IT CURRENTLY IS FOR THIS AREA, PERSONNEL DIRECTOR DONLON INFORMED THE P)OARD THAT 1R. PELLEGRINO OF CODY & ASSOCIATES, INC., IS HERE TO DISCUSS A MANAGEMENT STUDY AND GIVE THE BOARD A PROPOSAL. 1R. DONLON FELT THIS PROPOSAL COVERS EXACTLY WHAT THE .BOARD HAS ASKED FOR AND INTRODUCED '9R, PELLEGRINO TO EXPLAIN HIS PROPOSAL. 1R, PELLEGRINO STATED THAT THIS IS A FAIRLY STANDARD TYPE OF STUDY AND IS BASICALLY A CLASSIFICATION STUDY, THEY HAVE DOME SIMILAR TYPE STUDIES FOR OTHER COU,4TIES — PINELLAS, BREVARD, PASCO, ETC. HE CONTINUED THAT THEY RECENTLY COMPLETED A STUDY FOR THE CITY OF VERO LEACH AND HAVE A CONTRACT TO DO A STUDY FOR THE SCHOOL BOARD VERY SHORTLY, HE STATED THAT THEY AUDI,T AND EVALUATE VARIOUS FACTORS, INCLUDING INORKLOAD, TYPES OF RESPONSIBILITIES, AND DUTIES. - COMMISSIONER SIEBERT FELT THEY HAVE A PRETTY GOOD BASE TO WORK WITH ALREADY IN THIS COUNTY AND ASKED IF THEY ARE AFRAID TO TELL SOMEONE THEY ARE OVERPAID, SIR. PELLEGRINO STATED THAT THEY CALL IT EXACTLY AS THEY SEE IT, WHICH IS ONE OF THE VALUES OF HAVING SOMEONE COME IN FROM THE OUTSIDE. HE NOTED THAT THEY DID A STUDY FOR THE POLK COUNTY SCHOOL 'DISTRICT IN WHICH THEY REDUCED QUITE A "DUMBER OF POSITIONS AND SAVED A LOT OF MONEY; COMMISSIONER SIEBERT ASKED IF, IN THEIR DEALINGS* LITH OTHER a COUNTIES, THEY HAD A COMMITMENT ABOUT DEALING WITH THE CONSTITUTIONAL OFFICERS PRIOR TO THE STUDY. MR. PELLEGRINO STATED THAT THEY DID ONE FOR HARDEE COUNTY AND HAD SOME OF THE CONSTITUTIONAL 'OFFICERS INVOLVED. HE FELT IT IS 57 J• i NOV 1 197 P�;�� BETTER IF THEY HAVE A COMMITMENT BEFORE THEY START BECAUSE OTHERWISE SOME OF THE OFFICIALS WOULDN`T LET THEM IN THEIR DOORS. IIE SAID THEY WOULD EXPLAIN TO THE CONSTITUTIONAL OFFICERS WHAT THEY DO AND THE VALUE OF HAVING THIS DONE AS A GROUP, COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE HAS SEEN SOME OF THE WORK THIS FIRM HAS DONE, AND IT HAS BEEN VERY PROFESSIONAL. CHAIRMAN WODTKE QUESTIONED WHAT IT COST THE CITY TO HAVE THIS DONE, AND MR. PELLEGRINO STATED THAT IT 7IAS $J,099. !`IE INFORMED THE BOARD THAT THEY PRICE BASED ON THE NUMBER OF DAYS THEY FEEL IT WILL TAKE, AND THE EXPENSES. MR. PELLEGRINO STATED THAT THEY TAKE PRIDE IN THEIR WORK, AND THOSE ON THE JOB WILL ALL BE SENIOR CONSULTANTS. HE FURTHER STATED THAT THEY STAY WITH THE JOB EVEN AFTER THE FINAL PRODUCT AND COME BACK IF THERE ARE ANY PROBLEMS EVEN FOR A YEAR OR TWO. THEY HAVE A GOOD STOCK PILE OF INFORMATION BASED ON STUDIES THEY HAVE DONE, COMMISSIONER LOY ASKED IF CONSTITUTIOt=JAL OFFICERS PARTICIPATED IN OTHER COUNTIES, A',lD 'IR. PELLEGRINO SAID IT WAS ABOUT 50-50. IN SOME COUNTIES, THE CONSTITUTIONAL OFFICERS HIRED THEM SEPARATELY. COMMISSIONER SIEBERT NOTED THAT CONSTITUTIONAL OFFICERS MAY AGREE TO HAVE THE STUDY, BUT MAY NOT AGREE TO IMPLEMENT THE RESULTS. PSR. PELLEGRINO STATED THAT THE PRICE IN HIS PROPOSAL WOULD INCLUDE ALL THOSE WORKING FOR THE BOARD, PLUS THE CLERK, THE SHERIFF AND THE SUPERVISOR OF ELECTIONS. COMMISSIONER LOY ASKED IF WE ADDED FIFTY MORE PEOPLE, WHAT THE INCREASE WOULD BE, MR, PELLEGRINO STATED IF THEY DID THEM ALL AT THE SAME TIME FIFTY IS NOT A SIGNIFICANT NUMBER, AND HE DID NOT FEEL THERE WOULD BE ANY DIFFERENCE. COMMISSIONER LOY STATED THAT SHE CERTAINLY WOULD LIKE TO BE ABLE TO CONVINCE ALL TO GO ALONG AS SHE FELT IT WOULD BE BENEFICIAL TO EVERYBODY, COMMISSIONER SCHMUCKER INQUIRED HOW THEY CORRELATE ABILITY INTO THIS STUDY. NOV 1 1979 r ti s • 9 SNR. PELLEGRINO STATED THAT SALARY RANGE IS BASED ON SOMEONE WHO CAN DO THE WORK IN A SATISFACTORY MANNER, AND NOTED THAT ACTUALLY THEY ARE NOT LOOKING AT THE ABILITY OF THE INDIVIDUAL BUT AT THE POSITION TO FILL. 4 THE ATTORNEY ASKED 'IR. PELLEGRINO IF THEY WERE CONSIDERED ENGINEERS, AND HE STATED THAT THEY WERE NOT. ON "'LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF CODY ° �.SSOCIATES, INC., WITH THE UNDERSTANDING ''IE ARE ADDING THE SUPERVISOR OF ELECTIONS AiND POSSIBLY THE PROPERTY APPRAISERS AND TAX COLLECTORS OFFICES AND AUTHORIZED THE CHAIRMAl TO SIGN AN AGREEMENT :^LITH CODY ° ASSOCIATES SUBJECT TO THE APPROVAL OF THE ATTORNEY. AGREEMENT WILL BE MADE A PART of THE IINUTES WHEN EXECUTED AND RECEIVED'. THE PROPOSAL OF CODY R ,ASSOCIATES IS AS FOLL01•IS : NOV 1 1978 It 59 c a � • ' e Cody & C7�occatE4, .fnc. MANAGEMENT CONSULTANTS aM OMCE - BRANCH oF�tce Flrankiin St 305 Jack Drive Lakeland, Fla. 33801 Cocoa Beach, Fla. 32931 (613) 686.8884 (805) 783-3720 `c�•:i�?2324, October 12, 1978 e, Mr. J. Jennings. County Administrator Indian River County Vero Beach Florida Dear Mr. Jennings: Thank you for the time you allowed me to discuss the services of Cody & Associates, Inc. and our ability to be of service to Indian River County. Weare writing to summarize our background and experience. and to submit a proposal to conduct a Position•Classification and Com- -pensation Plan Study. Cody & Associates, Inc. is a Management Consulting Company, based in Lakeland, serving government, educational institutions, school systems and industry. Our services are in the areas of Personnel Administration, Management and Supervisory Training, Organization Studies and Operations Surveys. We are a recognized professional consulting firm in the field of public personnel administration and management services. Our staff consists of consultants who have had wide experience in performing similar surveys for governmental agencies and industry and we schedule.only Senior Associates on our assignments. Because of'our experience in designing similar plans for Florida govenments and our knowledge of your local and regional labor market, we feel quite qualified to perform this project. We are known as a company which provides a personalized consulting ser- vice and will design a plan around the needs of the. County. 8 I NOV 1 1978 f s+ p -2- PROPOSAL j Cody & Associates, Inc. of Cocoa Beach, Florida proposes to con- duct a Position Classification and Compensation Plan Study of C1erk,,Sheriff and Board of County Commissioners positions in the service of Indian River County. The study will include the following steps and methodology._ OBJECTIVES AIM GOALS .A. Formulate a Positions Classification and Pay Plan that will assist in reducing turnover costs and promote careers with the County. B. Design a Classification and Pay Plan that will attractguali- fied personnel to render the services that the County provides. C. Establish or maintain equitable relationships of one job to another within the workforce. (Equal nay for equal work.) D. Design a current salary schedule which is competitive with reasonably similar positions in the labor market where the County recruits for employees. E. Maintain or establish normal lines of promotion to and from the various classes of positions in the personnel system. F. Create Class Descriptions which reflect the illustrative duties of ,the general class and establish realistic en- trance requirements. G. Tailor-make a plan which is technically clear, easily under- stood by employees and is aimed at practical implementation and maintenance. H. Make certain that department heads and employees have an opportunity to participate in the survey. WORK EL32TEIITS PFLASE I A. Conduct an assembled introductonr meeting of all depart- ment heads and supervisory personnel to explain the ap- proach and goals of the study. A Position Questionnaire will be distributed and explained at this meeting. B. Submit a Position Questionnaire.to each employee included in the study. , •C. Position Questionnaires will request the employee to explain, i in their own words, their job duties, responsibilities, supervision c;iven and received, physical efforts and other related job information and position factors. NOV 1 1970G . EZ o 4 erf • , f -3- D. The forms will be routed through the lines of supervision for comments as to job content by the employee's depart- ment head and supervisor. E. Conduct meetings with each of the department heads to discuss the positions under their supervision. F. Perform job evaluation,field and desk audits of positions, where necessary, to evaluate the various jobs and to deter- mine the type of duties assigned. (The ability'of the in- cumbent to perform the job duties will not be a factor'in the job evaluation or study.) G. Equitably relate each position in the survey and design a Classification Plan tailored to the needs of the County. H. Normal lines of promotion will be maintained or developed during this step in the survey. PHASE II A. After tentative position classifications, class titles and preliminary pay grades have been established by our staff, meet with department heads.to review our alloca- tions. and to verify the accuracy of the information we received in the field. B. In this step, department heads will be furnished alist of the tentative position allocations and class titles within their unit. Co-mments and approval will be requested• -during this step to assure understanding by those who will be involved in the implementation and maintenance of the plan. PHASE III A. Conduct a Comprehensive Wage and Salary Survey in the labor market where the_County recruits for employees. B. Positions will be compared by job content in the local. areafor those occupations which are recutied for locally. For positions where you compete on a regional, statewide or national basis, the needed.wage data will be secured and studied by our staff. C. Wage and benefit data from public and private sector employers will be included to compare salary ranges and prevailing pay scales of positions containing similar types of duties and pay requirements. D. Design a current and competitive Compensation Plan for the occupations contained in the Classification Plan. • I i NOV 1 1978 37 22. 8 r :,{.. } -4- PEASE IV Write Class Description to reflect illustrative duties, job { content and realistic qualifications for entrance to a posi- tion in the classification. PEASE V . M Personally submit a written report to include: f A. Discussion of the study and our approach. H. Recommended Position Classification Pian and Compensation Plan. C. Class Descriptions. j D. Methods of implementing the recommendations. f E. Other related recommendations. Tin OF CONPLETIO"_7 It is estimated that the total elapsed time required to perform the study would be a maximum of four months from the starting date. We are prepared to.begin within one week from your notification to proceed. COST OF STUDY The cost of this assignment would be Six Thousand Six Hundred ! Dollars ($6,600.00), which includes all fees and expenses for e project. Invoices would be rendered monthly for the services performed for the period. The final invoice would be rendered after we have s submitted our final report. - Thank you for allowing us to submit this proposal. We will be glad to answer any questions that you may have relative to our proposal or our services and would welcome the opportunity to visit with you, at your convience. We are looking forward to being of service to you and to Indian River County. j Sincerely. N. E Pellegrino Nov 1 1978 I e ASSISTANT ADMINISTRATOR AEIL °NELSON REPORTED TO THE.BOARD THAT IN REGARD TO THE BIDS ON ITEM 3 OF THE ANNUAL '1ATERIALS BID, HE HAS CONTACTED TREASURE COAST, WHO WAS LOW BIDDER ON THE Hi TEST GASOLINE TO SEE IF THEY WOULD AGREE TO SPLIT THEIR BID AND SUPPLY THE GASOLINE BUT NOT THE DIESEL FUEL. THEY DO NOT ''CISH TO SPLIT TAE BID AND WOULD PREFER TO WITHDRAW ENTIRELY. MAC`11LLAN OIL CO. IS AGREEABLE TO SPLITTING THEIR BID AND SUPPLYING ONLY THE GASOLINE. MR. NELSON, THEREFORE, RECOMMENDED THAT THE BID OF GULF OIL CORP. BE ACCEPTED FOR THE DIESEL FUEL AND THE BID OF MAC11 LLAr1 OIL CO. FOR T. -IE HI TEST GASOLINE. HE THEN DISCUSSED THE ESCALATION OF THESE PRICES AND NOTED THAT THEY NORMALLY ARE RAISED ABOUT 172 FACA TIME A NOTIFICATION IS RECEIVED, AND THESE NOTIFICATIONS RE INCREASES OR DECREASES COME IN MONTHLY. HE STATED THAT THE CURREIT COST TIE COUNTY IS PAYING FOR DIESEL FUEL IS .4399 AND .57651 FOR TIE 91 TEST. CHAIRMAN !1ODTKE DISCUSSED THE POSSIBILITY OF IAVIPlG RIDS ON THESE ITEMS EVERY SIX MONTHS, BUT IT WAS GENERALLY FELT, IF THEY ARE SUPPLIED FOR A SHORTER PERIOD OF TIME, THERE WOULD BE A 11IGHER PRICE. ON 10TION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED.THE BID OF '1AC'IILLAN OIL CO. FOR HI TEST GASOLINE IN THE AMOUNT OF, .574 PER GALLON INCLUDING TAX AND THE BID OF GULF OIL CORP. FOR DIESEL FUEL IN THE AMOUNT OF .4020 PER GALLON PLUS TAX, AS BEING THE LOWEST AND BEST BIDS MEETING SPECIFICATIONS. COMMISSIONER SIEBERT'NEXT DISCUSSED SETTINC UP A WORKSHOP MEETING ON DATA PROCESSING, AND ASKED FINANCE OFFICER BARTON HOw LONG IT WOULD TAKE TO`GET TOGETHER THE NECESSARY INFORMATION. THE FINANCE OFFICER STATED THAT HE AND RALPH ANTHONY WILL OUTLINE WHAT THEY THINK WILL BE HAPPENING IN THE NEXT TWO YEARS AND SUGGEST THE DIRECTION THEY WOULD LIKE TO SEE THE COUNTY MOVE. HE STATED THAT -HE NEEDS SOME PEOPLE, SOME MONEY, AND AUTHORIZATION TO EITHER BUY PROGRAMS OR GET THE PEOPLE TO DEVELOP THEM HERE, THE BOARD AGREED THAT WE MUST APPROACH THE EMERGENCIES FIRST AND THEN CONSIDER THE FUTURE AND SET 4:00 O'CLOCK P.M., MONDAY, 1OVEMBER 13TH FOR A WORKSHOP MEETING ON DATA PROCESSING. 64 NOV 1 1978 37 fwv y a CHAIRMAN 4ODTKE ASKED THAT THE BOARD AUTHORIZE THE SIGNING OF AN AGREEMENT WITH lID FLORIDA FOR AN EXTENSIOl OF TIME PAST THE DEADLINE SET BY T:iE COURT IN CASE IT SHOULD BECOME !NECESSARY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN OR THF ATTORNEY TO i SIGN THE PROPER DOCUMENT AGREEING TO EXTEND T14E NCEMBER IST DEADLINE SET BY THE COURT FOR MAKING THE FINDINGS OF FACT U"!TIL JANUARY 1, 1979, SAID DOCUMENT IS ;HEREBY MADE A PART OF TAE 111HUTES. • E 65 } t_ I NOV I 1978 Box jj IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA • CASE NO. 77-1045 MID -FLORIDA UTILITIES, INC:, - •Tetitioner, vs. - BOARD OF COUNTY COMMISSIONERS e OF INDIAN RIVER -COUNTY, FLORIDA, - Respondent. - ----------------------------------------- STIPULATION In view of the fact that 'the parties are negotiating for the sale of .the utility property of Petitioner to the Respondent, and it appearing that the contract for -that sale will be executed by the parties in the next three weeks, it is hereby stipulated i and agreed between the parties,' through their undersigned counsel, that the December 1, 1978 deadline set forth in Paragraph 2 of the June 15, 1978 Order of this Court should be amended to read January 1, 1979. January 1, 1979 shall be the time within which the Respondent shall make the required findings of fact. Dated this day of November, 1978. '73 BI-Kenneth*Gatlin Madigan, Parker, Gatlin, Swedmark and Skelding P. 0. Box 669 - 318 N. Monroe Street Tallahassee, Florida 32302 (904) 222-3730 Attorne s for Petitioner $ G ge C. Co i s, Jr. 74Y Beachland Boulevard Vero Beach, Florida 32960 ' (305) 567-3463 Attorneys fox Respondent j 1 NOV 1 1978 FINANCE OFFICER BARTON INFORMED THE BOARD THAT HE 111OULD LIKE TO WRITE A LETTER TO IBM TO GET THE COUNTY'S NAME IN THE LOTTERY LIST FOR AN IBM SYSTEM 3599, WHICH EQUIPMENT HE STATED WOULD COST LESS THAN WE ARE PRESENTLY PAYING. HE EXPLAINED THAT THE LETTER DOES NOT ,COMMIT THE COUNTY TO ACCEPT THIS EQUIPMENT; IT JUST GETS YOU A NUMBER IN LINE, O"J MOTION BY COMMISSIONER SIEBERT, COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO WRITE A LETTER TO I139 IN REGARD TO AN IP.'l SYSTEM 3377 AS DISCUSSED ABOVE. ATTORNEY COLLINS REMINDED TAE rOARD.T4AT OUR AGREEMENT WITH THE CITY OF VERO PEACH FOR TRAFFIC LIGHT MAINTENANCE EXPIRES NOVEMBER 2ND AND THE CITY DOES ?JOT MEET AGAIN UNTIL THE 7TH OF ]OVEMBER. 11E. - NOTED THAT THE ADMINISTRATOR AND HIS ASSISTANT HAVE ANOTHER OPTION THEY HAVE BEEN DISCUSSING WITH A PRIVATE MAINTENANCE COMPA"1Y. ADMINISTRATOR JE;d^lINGS STATED THAT 4E 4AS TALKED WIT;i 1R. COX OF THE CITY 'IAINTENANCE DEPARTMENT AND HAS nFEN INFORMED THAT THE CITY'S CRE11S ARE OVERLOADED, HE CONTINUED THAT AsSISTA!iT ADMINISTRATOR 'IELSON HAS NOW OBT=,IED A PROPOSAL FROM A PRIVATE MAINTENANCE COMPANY. THE ADMINISTRATOR PERSONALLY FELT THAT WE EVE14TUALLY !MILL HAVE TO GO THIS DIRECTION UNLESS WE SET UP OUR OWN MAINTEflANCE DEPARTMENT, ASSISTANT ADMINISTRATOR 'lELSON STATED THAT HE HAS DISCUSSED THIS MATTER WITH DON COPELAND, HEAD OF SIGNAL CONSTRUCTION COMPANY, AND HAS RECEIVED A PROPOSAL FROM HIM. 111E STATED THAT THE RETAINER PRICE WOULD BE $951.39 PER MONTH, PLUS VARIOUS EXPENSES. CHAIRMAN WODTKE INQUIRED ABOUT THE SERVICES THAT WOULD.BE RECEIVED FOR THIS AMOUNT, PAIR. "IELSON STATED THAT THEY HAVE CREWS AVAILABLE ON A 24 HOUR BASIS AND YOU GET THE ASSURANCE THAT IF A TRAFFIC SIGNAL GOES OUT, THEY WILL COME IN AND FIX IT WITHIN A SET TIME PERIOD, PLUS THERE WOULD BE A COMPLETE MAINTENANCE PROGRAM, HE NOTES THAT THE COST RELATES TO THE NUMBER OF TRAFFIC SIGNALS TO BE SERVICED. COMMISSIONER SIEBERT INQUIRED IF IT WOULD BE NECESSARY FOR THE COUNTY TO BUY A "CHERRY PICKER" TYPE TRUCK TO REPLACE BURNT OUT LIGHTS, AND MR. AELSON FELT THAT IT MIGHT. v 67 NOV i 197 COMPANY. THE BOARD THEN REVIEWED THE PROPOSAL OF SIGNAL CONSTRUCTION ADMINISTRATOR .JENNINGS STATED THAT THE DOT HAS FOUND THEIR MAINTENANCE AGREEMENT WITH SIGNAL CONSTRUCTION COMPANY SATISFACTORY AND RECOMMENDED THAT THE BOARD CONSIDER LETTING IR. COPELAND APPEAR TO MAKE A PRESENTATION. ASSISTANT ADMINISTRATOR *]ELSON INQUIRED IF THE COUNTY COULD GET AN EXTENSION ON THE TRAFFIC MAINTENANCE AGREEMENT 11IITH THE CITY OR WHETHER POSSIBLY SIGNAL CONSTRUCTION COULD BE EMPLOYED ON AN INTERIM BASIS WHILE WE NEGOTIATE WITH THE CITY. ON IOTION 3Y COMMISSIONER SIEBERT, SECONDED By COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO EITHER EMPLOY SIGNAL CONSTRUCTION COMPANY ON.A PER -CALL 1.3ASIS OR ON AN INTERIM CONTRACT UNTIL SUCH TIME AS A REPRESENTATIVE OF.THE COMPA'lY CAN COME BEFORE THE DOARD AND MAKE A PRESENTATION., CHAIRMAN 'llODTKE NEXT DISCUSSED THE CONTRACT "11TH CO�4NELL, IETCALF " EDDY AND INFORMED THE BOARD THAT BOTH THE ATTORNEY AID THE ADMINISTRATOR DO NOT FEEL THE COUNTY SHOULD SIGN A CONTRACT WITH THIS FIRM CARRYING ALL THE WAY THROUGH TO CONSTRUCTION, BUT JUST FOR THE FIRST PLANNING PHASE, AND THEN NEGOTIATE A CONTRACT FOR THE NEXT PHASE. THE BOARD DISCUSSED FEES, AND •THE ATTORNEY NOTED THE ONLY BASIS OF COMPARISON THEY HAD WAS WITH POST, BUCKLEY ° SCHUH, AND BELIEVED THE FEES PROPOSED BY CONNELL, IETCALF & EDDY WERE CONSIDERABLY CHEAPER, COMMISSIONER LOY ASKED IF THE AGREEMENT WILL REQUIRE THAT SOMEONE FROM THIS COMPANY BE HERE ALL THE TIME, AND THE CHAIRMAN STATED THAT IT WILL NOT, COMMISSIONER LOY FELT STRONGLY THAT IN THE NEXT PHASE THE COUNTY SHOULD HAVE SOMEBODY WHO IS FULLY CAPABLE AND RESPONSIBLE FOR WORKING ON THIS ONE PROJECT ON A FULL TIME BASIS TO REPORT TO THE BOARD AND BE AVAILABLE. SHE URGED THAT THE BOARD CONSIDER EMPLOYING SOMEONE FOR ONE YEAR, OR WHATEVER IT TAKES, WHOSE SOLE JOB WOULD BE TO WORK ON THE HOSPITAL PROJECT DAILY. , CHAIRMAN WODTKE FELT THAT CAN BE'COVERED WHEN WE GET TO THE CONSTRUCTION PHASE. 63 �; NOV 1 im :8'a% � i ATTORNEY COLLINS SUGGESTED ONE CHANGE ON THE LAST PAGE WHERE $ IT CALLS FOR INVOICING ON A MONTHLY BASIS 'IE SUGGESTED THAT THIS BE CHANGED EITHER TO WEEKLY OR BIWEEKLY SO WE CAN BETTER MONITOR 14HAT IS HAPPENING, ON "MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH COINELL, METCALF 001 EDDY WITH THE CHANGE TO BIWEEKLY INVOICING AS RECOMMENDED BY THE ATTORNEY AND AUTHORIZED THE CHAIRMAN'S SIGNATURE, { 69 i r ` NOV 1 1978 6 AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 10th day of ti November , 1978, by and between Indian River County Board of County Commissioners, hereinafter referred to as OWNER, and Connell, Metcalf & Eddy, Inc., hereinafter referred to as ARCHITECT. WITNESSETH: WHEREAS, the OWNER proposes to do certain work towards the development of a Facilities Plan and later remodeling of the old Indian River Memorial Hospital. WHEREAS, the OWNER desires to engage the ARCHITECT to per- form certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the ARCHITECT desires to provide such professional services in accordance with this Agreement; and NOW THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually under- stood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT The relationship of the ARCHITECT to the OWNER will be that of a professional consultant, and the ARCHITECT will provide the professional and technical services required under this Agreement in accordance with acceptable and best engineering,planning and architectural practices and ethical standards of the trade. II. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of the ARCHITECT to work with the OWNER and apprise him of solutions to"engineering and architectural problems and the approach or technique to be used towards accomplishment of the OWNER'S objectives. The scope of services to be provided to accomplish the OWNER'S objective is as follows: �V : , V 1978' I Development of the Facilities Plan. 1. Physical Space Requirements of Indian River County 1980, 1990, 2000." A.l.a Identify all Departments (Organizational Structure) A.l.b Distribute Questionnaire A.l.c Interview Appropriate County Officials" A.l.d Develop Space Criteria for Functional Categories A.l.e Develop Draft Space Program A.l.f Review Space Program with County Officials A.l.g Publish Final Physical Space Program 2. Program Analysis. A.2.a Proximity and Interdependency Analysis A.2.b Spatial Groupings 3. Analysis of Existing Facilities A.3.a Inventory Existing Facility A.3.b Preliminary Condition Analysis to Determine Use Suitability i' 4. Develop Master Plan A.4.a Determination of Functions to Occupy Courthouse and the Annex A.4.b Functions in the Hospital Building A.4.c Staging Plan A.4.d Probable Construction Cost Forecast S. Publish Report Summarizing A.1 through A.4 III PERIOD OF SERVICE A. The ARCHITECT will begin to work promptly after receipt of a fully executed copy of this Agreement; such receipt shall constitute written notice to proceed. Development of the Facilities Plan is scheduled to be completed within six (6) weeks of notice. ' e 2 NOV 1 1978 r IV METHOD OF COMPENSATION A. TIME CHARGES. The OWNER agrees to compensate the ARCHITECT for the professional services called for under this Agreement by taking the direct salary expense of all those persons engaged directly on the OWNER'S work and adding a sur - 187 .AZ charge of XXW percent for overhead and profit for time directly Average -14 chargeable to the project. /Direct salary expense shall not exceed the amounts shown on the following schedule: The first six principals - $19.25/hr. Project Manager, R. Singh - $14.30/hr. Department Heads - $12.75/hr. Architect or Engineer - $11.21/hr. Drafting - $7.90/hr. Clerical and Typing - $5.00/hr. B. OUT -OF -POCKET -EXPENSES. The OWNER shall reimburse the ARCHITECT for all out-of-pocket expenses directly chargeable to the project, at actual cost incurred, plus a service charge of 10 percent. Such charges shall be itemized and included in the monthly invoices for time charges and shall be submitted and paid as provided for time charges. Typical reimbursable expenses include travel, lodging, meals and travel expenses when traveling in the OWNER'S behalf, indentifiable communication expenses, identifiable reproduction costs, computer machine time charges, survey supplies, special accounting expenses not applicable to general overhead. C. LIMIT OF FEE. Total compensation to the ARCHITECT for the professional services described under Section II to this Agreement shall not exceed $29,000 unless expanded services are required and authorized in writing by the COUNTY. The ARCHITECT shall not proceed with any work under Section VI unless authorized in writing by the COUNTY. The COUNTY shall require the ARCHITECT to provide cost estimates for such services prior to authorization. V INVOICING PROCEDURE - 3 NOV 1 1978 37 A. The ARCHITECT shall submit invoices to the OWNER for work accomplished during the preceding two weeks. Such invoices shall be submitted by the ARCHITECT bi-weekly for the work ac- complished and shall be due and payable by the OWNER upon receipt, or by the next pay period. VI ADDITIONAL PROFESSIONAL SERVICES In addition to the above, 014NER shall at or prior to the completion of the services described in Section II of this Agreement, negotiate mutually satisfactory addendums to this contract expanding services to be performed into the following areas: Schematic Design Phase Design Development Phase Construction Documents Phase Construction Phase VII TERMINATION This Agreement may be terminated by either party by seven days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ARCHITECT shall be,paid in accordance with the provisions of this Agreement for all satisfactory work performed up to the date of termination. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ARCHITECT: CONNELL, METCALF & EDDY; INC. By S ephen C. Little Vice President & Secretary , (SEAL) OWNER: INDIAN RIVER COUNTY B �M,t a rman Board of County Commissioners Indian River County Florida ..Attest: iw Wreda rig t er (SEAL) 0 ASSISTANT ADMINISTRATOR NELSON DISCUSSED THE NEED FOR A PUMP AT THE LANDFILL AS PER THE FOLLOWING MEMO FROM THE ADMINISTRATOR: October 31, 1978 � MEMORANDUM TO: Board of County Commissioners FROM: Jack G. Jennings, County Administrator SUBJECT: Landfill Pump The pump at the Landfill that is used for de -watering the borrow pit is too small to adequately do the job. Rainfall, seepage and an uncovered stream has produced more water than anticipated. Two pumps have been used previously at the landfill. Both of these are Road and Bridge Department assets. They are rated about 4,000 GPM and because of the overload, fail often and require repairs. A 12,000 GPM pump is required to do the job. This size pump and engine required to drive it will cost approximately $30,000. It will also take six to eight months for delivery. Pump specifications and request for bid is being published. Money that may be used to purchase the pump is provided for in the renewal and replacement fund established by the initial bond issue. Therefore, it is requested that upon receipt of these bids, the Commissioners will choose a supplier and authorize the purchase of this pump. In the interim, using funds provided by the operating reserve of the original bond issue, the County Administrator will lease a pump required to continue landfill operation. Any comments regarding this action would be appreciated; 0 Jennings, C n Administ r . JGJ/ep - , ATTORNEY COLLINS ASKED WHY THE FUNDS FOR THE PUMP COULD NOT BE OBTAINED FROM THE NEW EQUIPMENT ACCOUNT. $ MR. NELSON EXPLAINED THAT THE INTERGOVERNMENTAL COORDINATOR RESEARCHED THIS, AND IT IS HIS RECOMMENDATION THAT THE PUMP BE PURCHASED OUT OF THE RENEWAL AND REPLACEMENT FUND BECAUSE BY THE TIME IT IS OBTAINED, WE WILL HAVE COMPLETED A YEAR'S OPERATION OF THE SANITARY LANDFILL AND WILL BE REPLACING THE PUMP. 74 NOV 1 197 gg p CHAIRMAN ,'JODTKE INQUIRED ABOUT THE STATUS OF THE AIR CURTAIN DESTRUCTOR, AND ASSISTANT ADMINISTRATOR IELSON STATED THAT IT WAS INCLUDED IN THE BUDGET AND THEY ARE AWAITING DIRECTION. THEY STILL RECOMMEND IT VERY HIGHLY. ti COMMISSIONER SIEBERT QUESTIONED WHERE A PUMP COULD BE RENTED, AND SIR. 'IELSON STATED THAT THEY WILL HAVE TO LOOK AROUMD, AND HE BELIEVED IT WILL BE EXPENSIVE. COMMISSIONER SIEBERT ASKED IF THIS IS AN EMERGENCY, AND IR, NELSON STATED THAT IT IS AND HE FELT THEY NEEDED AUTHORIZATION TO RENT A PUMP. COMMISSIONER SIEBERT DID NOT FEEL AUTHORIZATION WAS NECESSARY AND RECOMMENDED THAT THE ADMINISTRATOR HANDLE THESE EMERGENCY SITUATIONS ADMINISTRATIVELY. THE BOARD AGREED. ADMINISTRATOR .JENNINGS STATED THAT HE WANTED THE 70ARD TO BE AWARE OF WHAT IS HAPPE?DING. COMMISSIONER Loy INFORMED THE BOARD THAT AN EMERGENCY EXISTS IN REGARD TO OUR AGREEMENT WITH THE HUMANE SOCIETY. IRa THE CO"ITRACT WE SIGNED, WE AGREED TO PAY THEM $30,909 FOR THE CONTRACT YEAR TO HA14DLE THE ANIMALS THAT WERE BROUGHT IN THROUGH THE COUNTY, DUE TO THE ACTIONS OF THE CITY OF VERO BEACH, HOWEVER, THEIR INCOME HAS BEEN DECREASED BY SOME $13,999 TO $15,009 FOR THE YEAR, AND THERE IS NO WAY THEY FEEL THEY CAN MEET THEIR ACTUAL OPERATING BUDGET FOR THE COMING YEAR AND KEEP IN PERFORMING THE SERVICE FOR THE COUNTY. THEIR TOTAL BUDGET IS $60,999 AND THEY FEEL THEY CAN RAISE APPROXIMATELY $20,909, WHICH LEAVES A BALANCE OF $49,999. SHE CONTINUED THAT THIS IS A REAL EMERGENCY SITUATION BECAUSE WITHOUT A CONTRACT WITH THE CITY OF VERO BEACH, AND WITHOUT A CONTRACT WITH THE COUNTY, THE HUMANE SOCIETY HAD DECIDED THEY WERE NO LONGER GOING TO BEAR THE EXPENSE AND BURDEN OF HANDLING ANIMALS ON A CONTRACT BASIS AND WERE GOING TO CLOSE THEIR DOORS AS A RECEIVING UNIT AND CONTINUE TO OPERATE STRICTLY AS A HUMANE SOCIETY. COMMISSIONER LOY NOTED THAT OUR ONLY ALTERNATIVES, IF THE HUMANE SOCIETY WILL NOT HANDLE THE ANIMALS FOR THE COUNTY, ARE EITHER TO GET A PLACE OURSELVES AND EMPLOY PERSONNEL, 'gHICH SHE FELT WOULD COST BETWEEN $79,900 AND $90,000, OR JUST BACK AWAY AND NOT ENFORCE THE REGULATIONS WE HAVE FOR ANIMAL CONTROL, SHE STRONGLY 75 N0V 1 1978 AZ316 b RECOMMENDED THAT WE INCREASE OUR CONTRACT PRICE WITH TIME HUMANE SOCIETY FOR THE NEXT 12 MONTHS TO $49,999 SO THEY !BILL KEEP ON PROVIDING THE SERVICE AS THEY HAVE IN THE PAST. COMMISSIONER Lnv POINTED OUT THAT THE FEES FORMERLY GENERATED IN THE 'CITY OF VERO BEACH CAN NOW BE GENERATED BACK TO THE COUNTY TREASURY. DISCUSSION FOLLOWED ON POSSIBLE CHANGES IN THE FEE STRUCTURE, AND IT WAS GENERALLY AGREED THERE IS A TREMENDOUS POTENTIAL POOL OF REVENUE AVAILABLE. THE BOARD, HOWEVER, AGREED THAT V!E MUST ACT ON THE EMERGENCY ASPECT FIRST, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO AMEND THE CONTRACT WITH THE HUMANE SOCIETY AND SET THE CONTRACT PRICE AT $49,901 FOR THE YEAR, RETROACTIVE TO OCTOBER 1, 1978. EXECUTED AGREEMENT WITH THE HUMANE SOCIETY IS HEREBY MADE A PART OF THE IINUTES. NOV 1 1978 76 0 151—e- ., t J • r A G R E E M E N T THIS AGREEMENT entered into as of this 18th day of October, 1978, between INDIAN RIVER COUNTY, a political Sub- division of the State of Florida, hereinafter referred to as "County" A N D HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., a Florida not - 4. for-profit corporation, hereinafter referred to as "Society" WITNESSETH: For and in consideration of the sum"'of $10.00 in hand paid, receipt of which is hereby acknowledged, and in further consideration of the mutual promises and premises herein contained, IT IS AGREEED AS FOLLOWS: 1. The purpose of the Agreement is to_provide means by which stray animals obtained by the Impounding Officer and other appropriate authorities of the County may turn over same to the Society for care and disposition. 2. In this regard, the Society shall have sole discretion in determining when, to whom, and under what conditions it will allow adoption of animals turned over by the authorities of the County, and it is not the intent or purpose of this Agreement to limit or restrict in any way the activities of the Society with regard to the purposes for which same was created, except as modified by Paragraph 4 below as to the minimum time period. 3. That.the term of this contract and agreement is for a period of one (1) year beginning October 1, 1978. This Agreement shall continue from month to month until September 30, 1979. Notwithstanding the foregoing, either party may terminate this Agreement on the last day of any month after giving the other party ninety (90) days written notice of intent to terminate. NOV 1 197 37 pg,233 6 C 4. All animals obtained by the Society must remain in its custody for a minimum of five days, unless such animal is diseased or injured to such an extent that, in the Society's judgment, it would be advisable to dispose of same prior to the five day period or unlessthe provisions of Paragraph 9 of this agreement are complied with in a shorter period to time, and provided Paragraph 6 herein is not -applicable. If Paragraph 6 is applicable, its pro- visions control. S. In dete=iniiDg Vhen an animal should be disposed of in less than the five day period stated above, the Society shall decide at its own discretion whether or not to dispose of same.,., - 6. The Society shall become responsible for the care of the animal after it has been delivered by the Impounding Officer or Sheriff Deputy of the County to the shelter belonging to the Society,, and the receipt for same has been issued to the Impounding Officer by the Society and shall provide quarantine for animals that have been reported to the Society to have bitten any person or other animal or is otherwise suspected to being rabid. Notwithstanding any other provisions in this agreement, such animal shall remain in quarantine for at least ten (10) days and shall be professionally examined before being released from quarantine at the end of the ten (10) day period. Quarantine means placing the animal in its own cage whereby it shall have no physical access to other animals and said cage shall have a quarantine sign and a Health Department Form affixed thereto. 7. In the event there are no Society personnel on duty when the Impounding Officer or Sheriff Deputy of the County delivers, an animal to the shelter, it shall be placed in a holding facility on the property of the Society pending appropriate entry procedures, and upon giving a receipt to the Impounding Officer showing proper entry procedures have been followed, the Society shall become responsible for such animal. Nov 1 1978 2 .- s f S. The Society shall provide facilities and personnel to care for all animals delivered by the Impounding officer or Sheriff Deputy of the county according to the customary procedure of the Society. 9. The procedures to be followed in processing of animals is as follows: (a) The County is responsible for the processing of animals captured by it and delivered to the premises provided by the Society, which shall be initiated by the preparation of an impounding record sheet, which sheet shall include a description of 'the animz�J,,.the owner's name, if known, the time and place same was picked up, and its condition. Should it be injured, or obviously ill, the Impounding Officer or Sheriff Deputy should first take it immediately to a veterinarian. (b) Those desiring a release of an animal captured by the Impounding Officer or Sheriff Deputy of the County and turned over to the custody of the Society shall accomplish its release by identifying same at the facilities provided by the Society, proceed to the Sheriff Deputy of the County, pay all fines and fee, if any, secure a written release from the Sheriff Department and deliver. said release to the Society facilities for the release of the subject animal. As a condition of the release, the individual described as the owner of the animal being released shall submit an affidavit obtained from the Sheriff Department, which states that he or she is the owner of the animal being relehsed and the affiant shall be responsible should anyone subsequently claimownershipof the animal. Further, the affidavit shall state that the owner of an unlicensed animal agrees to license the animal within five (5) days or forfeit a required dollar deposit placed with the Sheriff Department. 3 qax 37 ?A u- Z3 (c) The Society shall release the animal to its owner upon delivery to it by the owner of said release from the Sheriff Department.of the County and the affidavit provided in 9 (b) above. 10. This Agreement shall be governed by Chapter 3 of the Lode of Laws and Ordinances of the County of Indian River, and if there be any conflict between this agreement and said code, the code provisions shall prevail. Any area pre-empted by state law shall be governed a%pqrdingly. 11. The County agrees to pay and the Society agrees to accept for said services $2,500.00 for the months, of;Ogtober and Noveidber ancr $3,500.00, per month, for the balance of the term. In the event the City of Vero Beach contributes funds for the Society's operation the County's contribution shall be reduced accordingly. . 12. In accordance with the Indian River County Budget procedures the Society shall submit a timely annual budget. Said budget must be approved by the Board of County Commissioners prior to October 1st of the approved year. After approved, the Society agrees to operate the shelter as agent for County within the itemized budget as approved. . 13. On or before June 30, 1979, the Society shall have pre- pared and delivered to County an audit acceptable to County for the preceding year. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. ATTEST: HUMANE SOCIETY OF VERO BEACH, FLORID INC. v� _j BY: 't Q (SEAL President a ATTEST: INDIAN RIVER COUNTY LK/ BY= (SEAL re a Wright, C erk -William C. Wodt e, Jr , Chairman roved as for and contents: 1 NOV 1 1970 jF'acr s 11 COMMISSIONER Loy INFORMED THE BOARD THAT SHE WISHED TO RECOMMEND KATHERYN BEINDORF TO FILL THE VACANCY ON THE PLANNING AND ZONING COMMISSION FOR DISTRICT 3. SHE NOTED THAT MRS. BEINDORF IS CAPABLE AND ACTIVE AND WILLING TO SERVE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-83 APPOINTING KATHERYN BEINDORF TO THE PLANNING AND ZONING COMMISSION AS RECOMMENDED BY COMMISSIONER Loy. RESOLUTION NO. 78-83 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That KATHERYN S, BEINDORF is appointed to the Indian River County Planning and Zoning Commission from District 3. This Resolution shall become effective as of the 1st day of.November, 1978. BOARD OF COUriTY COMMISSIONERS OF INDIAN RIVER COUNTY,, FLORIDA By am o t e, J Chairman ATTEST: Freda rig , Clerk iii Y s u . ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNAfJIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR TO ATTEND A DISTRICT ADMINISTP.A- TIVE MEETING ON EXTENSION ADVISORY COMMITTEES IN FORT PIERCE ON AOVEMBER IL4TH, CHAIRMAN 111ODTKE "DOTED THAT THE %OARD TODAY ADOPTED AN ORDI'lkICE REGARDING THE RATE STRUCTURE FOR TAE WATER SYSTEM I1 iIFFORD,AND POINTED OUT THAT THE TAP -IN FEES HAVE TO BE HANDLED BY RESOLUTION. HE NOTED THAT THE SYSTEM WAS TURIED ON TODAY AND IT IS REPORTED THERE ARE 5.914 HOOKED -ON, WHICH IS CONSIDERABLY OVER THE NUMBER OF ORIGI'JAL CUSTOMERS. HE FELT WE ARE DUE SOME TAP -IN FEES. ATTORNEY COLLINS AGREED THAT A RESOLUTION IS NEEDED FOR AUTHORIZATION TO CHARGE A TAP -IN FEE. i1E SUGGESTED T;iAT A SIMPLE RESOLUTION BE PASSED AT THIS TIME AND THE MATTER OF HOW THE FEES 1,1ILL BE PAID, WHETHER BY TIME PAYMENTS, ETC., CA'J BE ADDRESSED IN A LATER RESOLUTION. ON 'MOTION BY COMMISSIOfER SIEBERT, SECO!IDED 3Y COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION lo. 78-34, e 82 S RESOLUTION NO. 78-84 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That a Water Tap -In Fee of TWO HUNDRED DOLLARS ($200.00) will be charged to each residential -family unit within the Gifford Water and Sewer District. This Resolution shall become effective the 1ST day of NOVEMBER 1978. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By - e Wi liamChairman ATTEST: Freda Wright, C1 k ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-85 HONORING EDWIN SCHMUCKER FOR HIS SERVICE AS A COUNTY COMMISSIONER. 83 NOV i 1978 � 6 ,ACNE ?xF,, NJ. 10- QJ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. WMW-AS, EDWIN S. SCEIIKU(M was elected to the Board of County Com- missioners of Indian River County, Florida on November 5, 1974 and has served on said Board with great distinction to the present time; and GRAS, EDWIN S. SCHMUCKM was appointed to serve on the East Central Regional Planning Council, on January 22, 1975 and participated in the creation of the Treasure Coast Regional Planing Council, which is comprised of Indian River, Martin, St. Lucie and Palm Beach Counties, which was ap- proved by the State of Florida on September 8, 1976, and EDWIN S. SCHMUCK is now serving as Vice Chairman of the Treasure Coast Regional Planning council; and IMMAS, EDWIN S. SCHHXM has served as Chairman of the Commmity Development Advisory Committee frau January, 1975 until the present time; and [REAS, EDWIN S. SCWXKER, served as Chairman of the Data Processing Study Committee from February 9, 1977 until its completion; and MEREAS, EDWIN S. Sa*UCKER was appointed to the Indian River Coastal Zone Management Advisory Committee in March of 1975 and participated in the adoption of the Coastal Zone Plan recommend by said Committee; and WE EAS, EDWIN S..SCI has served on the Property Appraisal Ad- justment Board in the years 1976, 1977 and 1978; and UREAS, among the many accomplishments of the Board of County Com- missioners during the tenure of EDWIN S. SCRhUC[ER, a few of the most bene- ficial to the Citizens of Indian River County are: Adoption of the Indian River County Comprehensive Land Use Plan The 17th Street Bridge which is emoted to be completed in 1979 The Sanitary Landfill Renovation of the Gifford Water System NOW, MMMM, BE IT RESOLVED BY THE BOARD OF CXI Z= CWSSIaMRS OF DMIAN RIVER COMM, FLORIDA, That the Board on behalf of itself and the citizenry of Indian :liver County expresses its deep appreciation to EDWIN S. SCM JCIER for his devotion to the affairs of Indian River County and for his diligent efforts to make Indian River County, a better place in which to live; and BE IT FURTER RESOLVED that the Board wishes EDWIN S. S every success in his future endeavors. Said Resolution shall become effective as of the Lyth day of November, 1978. Chainnan,Couunty Commiss' ers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 U v N OV 1 1978 , ;37.:jaT 0 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND Nos. 59752 - 59909 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 7:00 O'CLOCK P.M. ATTEST: ;kj,�- -66, -A -j A�-eda CLERK-TT CHAIRMANrl • 85 NOV 1 1978 max 37:ar