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HomeMy WebLinkAbout2/21/19790 WEDNESDAY, FEBRUARY 21, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, FEBRUARY 21, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR., R. DON DEESON, AND PATRICK B. LYONS. ALSO PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; L.S. "TOMMY" THOMAS, INTERGOVERN- MENTAL COORDINATOR; .JEFFREY K. BARTON, FINANCE OFFICER; VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND PETER LABARRE, TRINITY EPISCOPAL CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF .JANUARY 24, 1979. CHAIRMAN WODTKE NOTED THAT ON PAGE 53, LINES 14, 16, AND 28, THE WORD "ONE" SHOULD BE CHANGED TO THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE MINUTES OF THE REGULAR MEETING OF JANUARY 24, 1979 WERE UNANIMOUSLY APPROVED AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING: PAUL ALLEN DETAMBLE WAYNE SCOTT JIMMY 0. OWENS, SR. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT RECOMMENDED BY THE FINANCE OFFICER TO PURCHASE TWO NEW CHAIRS AND A TYPEWRITER FOR JUDGE ti. SMITH'S OFFICE FROM FEDERAL REVENUE SHARING FUNDS, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE EQUIPMENT - CIRCUIT JUDGE 62-2322-402.99 $1,566.00 RESERVE FOR CONTINGENCIES 62-9990-701.00 $1,566.00 11 • RUOK 39 PAGE 82 FEB 2 11979 I FINANCE OFFICER BARTON EXPLAINED THAT THE COUNTY WOULD NOT BE RECEIVING ANY ANTI -RECESSION MONEY AND THEY HAVE ONE YEAR FROM OCTOBER 1, 1978 TO SPEND THE FUNDS. HE EXPLAINED THAT THE ANTI -RECESSION FUNDS WERE SET UP FOR CONTINGENCIES AND THEY NOW WANT TO USE THIS RESERVE TO PAY FOR SALARIES OF TWO NEW POSITIONS IN THE FINANCE DEPARTMENT AND ONE IN THE PURCHASING DEPARTMENT. FINANCE OFFICER BARTON CONTINUED THAT THEY MUST USE THESE FUNDS BY THE END OF THE BUDGET YEAR SO THE FUNDS WILL NOT HAVE TO BE RETURNED, INTERGOVERNMENTAL COORDINATOR THOMAS STATED THE ABOVE SALARIES WILL COVER A PARTIAL YEAR. HE CONTINUED THEY ARE CHECKING THIS ACCOUNT EVERY 30 DAYS TO SEE THAT THE FUNDS ARE BEING SPENT WITHIN THE TIME FRAME; THE FUNDS ARE USED ONLY FOR SALARIES AND FRINGE BENEFITS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT RECOMMENDED BY THE FINANCE OFFICER TO USE THE ANTI -RECESSION FUNDS FOR THE SALARIES OF TWO NEW POSITIONS IN THE FINANCE DEPARTMENT AND ONE IN THE PURCHASING DEPART- MENT, AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE SALARIES 64-5349-102.00 $34,800.00 RETIREMENT 64-5349-105.01 $ 3,195.00 FICA 64-5349-105.02 $ 2,153.00 INSURANCE 64-5349-106.00 $ 1,479.00 WORKMEN'S COMP. 64-5349-107.00 $ 120.00 RESERVE FOR CONTINGENCIES 64-9990-701.00 $414747.00 ON MOTION BY COMMISSIONER SIE BERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT RECOMMENDED BY THE FINANCE OFFICER TO PAY THE VETERANS SERVICES OFFICERS EXPENSES FOR TRAVEL TO TRAINING SCHOOL. ACCOUNT TITLE ACCOUNT No- INCREASE DECREASE AUTO & TRAVEL 01-2991-328.00 $.395.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $ 395.00 2 �ooK 39 FnE 83 I y ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT RECOMMENDED BY THE FINANCE OFFICER FOR LIABILITY INSURANCE, AS FOLLOWS: ACCOUNT TITLE ACCOUNT N0. INCREASE DECREaE INSURANCE & BONDS 01-2101-330-00 $2,500.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $2,500.00 FINANCE OFFICER BARTON EXPLAINED THAT ADDITIONAL VEHICLES WERE PURCHASED FOR THE ROAD AND BRIDGE DEPARTMENT CAUSING THE INSURANCE FUND TO BECOME DEPLETED. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT RECOMMENDED BY THE FINANCE OFFICER FOR ADDITIONAL INSURANCE FUNDS, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE INSURANCE 02-4102-330.00 $5,000.00 RESERVE FOR CONTINGENCIES 02-9990-701.00 d. $5,000.00 .ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY OFFICIALLY RECEIVED THE AUDIT OF THE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAL YEAR EN-VING 1977 AND ORDERED THAT IT BE PLACED ON FILE IN THE OFFICE OF THE CLERK. FINANCE OFFICER BARTON NEXT INTRODUCED HIS NEW ASSISTANT, BILLY J. THOMPSON, TO THE BOARD. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE N0. 45 TO HARRY G. WHITE. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: FEB 2.1979 3 .JUDITH WAKEFIELD: MARCH 2 COCOA PLANNING SESSION FOR 4-H RETREAT MARCH 3 ORLANDO 4-H DAY AT CENTRAL FLORIDA FAIR MARCH 6 W. PALM BEACH STAFF CONFERENCE WITH DISTRICTAGENT AND OTHER IFAS ADMINISTRATORS MARCH 16-18 ASTOR PARK 4-H CAMP MCQUARRIE DISTRICT XII 4-H TEEN RETREAT PETE SPYKE: FEB. 21 OKEECHOBEE BEEF CATTLE HEDGING SEMINAR FEB. 26 - MARCH 1 GAINESVILLE PLANT SCIENCE IN-SERVICE TRAINING ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT, FALL TERM, 1979 IN THE AMOUNT OF $44.68, AND STATE WITNESS PAY ROLLS, COUNTY COURT, FEB. TERM, 1979, IN THE AMOUNT OF $165.40 AND $35.00. THE FOLLOWING REPORTS WERE RECEI.YED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: COUNTY WELFARE DEPARTMENT ANNUAL REPORT, OCTOBER 1977 TO SEPTEMBER, 1978. COUNTY WELFARE DEPARTMENT, NOVEMBER AND DECEMBER, 1978, REPORT OF CONVICTIONS, CIRCUIT COURT, MONTH OF JANUARY, 1979. TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, JANUARY, 1979. TRAFFIC VIOLATION FINES BY NAME, .JANUARY, 1979. .4 FEB 2 11979 Y�.o'" iu INTERGOVERNMENTAL COORDINATOR THOMAS BROUGHT UP THE SUBJECT OF KEEPING THE SCHOOL GYMNASIUMS OPEN AT NIGHT. HE THEN INTRODUCED KENNETH R. EVITT, ADMINISTRATIVE ASSISTANT FOR EDUCATIONAL SERVICES, TO FURTHER EXPLAIN THE PROGRAM. KEN EVITT APPROACHED THE BOARD AND STATED THAT THE YOUNG PEOPLE IN OUR COMMUNITY NEED THE FOUR SCHOOL GYMNASIUMS TO BE OPEN IN THE EVENINGS AND ON WEEKENDS; THERE ARE TWO IN THE CITY, ONE IN GIFFORD AND ONE IN THE NORTH PART OF THE COUNTY, HE STATED THAT IF THE COUNTY WOULD BE WILLING TO PARTICIPATE WITH THEM IN THIS PROGRAM, ALONG WITH THE CITY AND THE YMCA, THEIR SHARE WOULD BE ABOUT $2,000. MR. EVITT COMMENTED THAT THE PROGRAM EXTENDS FROM OCTOBER TO MAY, AND AFTER.EVALUATIONS TAKE PLACE IN MAY, THEY CAN BE OPEN ALL DURING THE SUMMER MONTHS. COMMISSIONER LYONS ASKED ABOUT SUPERVISION OF THIS PROGRAM. MR. EVITT STATED THAT THEY HAVE SEVERAL PEOPLE FROM THE SCHOOL SYSTEM WHO WOULD BE PAID ON AN HOURLY BASIS BUT HE WOULD BE IN CHARGE OF THE OVERALL SUPERVISION; AND THE TOTAL AMOUNT FOR THIS ENTIRE PROGRAM WOULD BE APPROXIMATELY $8,000. ,- CHAIRMAN WODTKE ASKED WHAT WAS REQUESTED FROM THE CITY AND MR. EVITT STATED THAT SINCE THEIR BUDGET WAS ALREADY SET, THEY ARE MAINLY OFFERING PROGRAMS. HE CONTINUED THAT ONE GYM IS NOW OPEN AND ANOTHER IS EXPECTED TO BE OPENING NEXT WEEK. COMMISSIONER LOY FELT THIS PROGRAM WOULD BE IDEAL FOR ADDITIONAL ' RECREATION NOT ONLY FOR THE STUDENTS BUT TO ADULTS AS WELL. INTERGOVERNMENTAL COORDINATOR THOMAS FELT THIS PROGRAM WILL AFFECT THE TAXPAYERS IN GENERAL BECAUSE IN KEEPING THE GYMS OPEN, THERE WILL BE A DROP IN VANDALISM, THEREFORE, MONEY WILL BE SAVED. MR. EVITT AGREED THAT AS USAGE OF THE GYMS GOES UP, THE I VANDALISM WILL GO DOWN, COMMISSIONER SIEBERT STATED THAT HE WAS IN FAVOR OF THE PROGRAM WITH OR WITHOUT THE CITY'S PARTICIPATION AND FOR THE AMOUNT OF THE EXPENDITURE, HE FELT THE COUNTY WAS AHEAD. COMMISSIONER DEESON AGREED BY STATING THIS WAS MONEY WELL SPENT. 5 FEB 2i* 1979 MR. EVITT MENTIONED, IN CONCLUSION, THAT IF WE DO NOT OPEN THE GYMS, PEOPLE WOULD BREAK INTO THEM ANYWAY; THEREFORE, HE WAS ANXIOUS TO GET THIS PROGRAM STARTED. COMMISSIONER LOY REPORTED THAT THE COUNTY AND THE SCHOOL BOARD WOULD BE CONTRIBUTING WITH ACTUAL DOLLARS,AND VOLUNTEER HELP WILL COME FROM THE CITY AND THE YMCA. ON MOTION MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED TO JOIN THE SCHOOL BOARD IN THE RECREATION PROGRAM AS OUTLINED BY MR. EVITT WITH FUNDS NOT TO EXCEED $2,000, AND APPROVED THE BUDGET AMENDMENT AS FOLLOWS: ACCOUNT TITLE_ ACCOUNT N0, INCREASE DECREASE IRC SCHOOL BOARD 01-6101-305.01 $2,000.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $2,000.00 INTERGOVERNMENTAL COORDINATOR THOMAS NEXT INTRODUCED .JOYCE SNELL OF THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD. .JOYCE SNELL CAME BEFORE THE BOARD AND STATED THAT SHE REQUESTED FROM THE CITY COUNCIL IN SEBASTIAN $5,000 FOR THIS YEAR'S BUDGET AND $5,000 FOR THE NEXT YEAR S BUDGET AND THEY APPROVED HER $10,000 REQUEST. SHE CONTINUED THAT SHE IS NOW INTERESTED IN OBTAINING AN ADDITIONAL $5,000 FROM THE COUNTY IN ORDER TO PURCHASE AN AMBULANCE THAT IS PRICED AT $19,500. MRS. SNELL REPORTED THE PRICES.ARE SCHEDULED FOR AN INCREASE IN .JUNE TO $22,500 AND BY NOVEMBER WILL BE $25,000 FOR THE AMBULANCE. COMMISSIONER Loy COMMENTED THAT THE COUNTY WILL BE SPLITTING WITH THE CITY OF SEBASTIAN TO BUY A 1979 AMBULANCE AT A $6,000 SAVINGS. CHAIRMAN WODTKE ASKED IF THIS PURCHASE WOULD REPLACE AN AMBULANCE THE SQUAD NOW HAS,AND PARS. SNELL REPLIED NEGATIVELY. MRS. SNELL REPORTED THAT THE SEBASTIAN VOLUNTEER.AMBULANCE .yt SQUAD WANTED TO GET THE NEW COMMUNICATIONS SYSTEM INSTALLED -IN THE NEW AMBULANCE. DISCUSSION FOLLOWED ABOUT GRANT MONEY -BEING AVAILABLE,AND INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED ABOUT THE EMS GRANT, WHICH NOW FUNDS THE COMMUNICATIONS SYSTEM FOR AMBULANCES - bil ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Lay, THE BOARD'UNANIMOUSLY APPROVED GIVING THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD AN ADDITIONAL $5,000 OUT OF THE REVENUE SHARING BUDGET FOR THE PURCHASE OF AN AMBULANCE, AND APPROVED THE BUDGET AMENDMENT AS FOLLOWS: ACCOUNT TITLE EQUIPMENT RESERVE FOR CONTINGENCIES ACCOUNT N0. 62-5105-402.12 62-9990-701.00 CREASE $5,000.00 DECREASE $5,000.00 ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, APPROACHED THE BOARD AND REQUESTED ADVICE ON SETTING UP NEW PRECINCTS. SHE CONTINUED THAT SINCE THE "WILD TURKEY" AREA ON SOUTH BEACH HAS BEEN ANNEXED, IT COULD BE INCLUDED IN PRECINCT 5A WITH THE VOTING PLACE LOCATED AT THE FIREHOUSE. ATTORNEY COLLINS COMMENTED THAT NOBODY LIVES IN THE AREA THAT WAS RECENTLY ANNEXED. SUPERVISOR OF ELECTIONS RICHEY CONTINUED THAT TO ACCOMMODATE THE PEOPLE WHO LIVE-IN THE MOORINGS, THE ST,. EDWARD'S UPPER SCHOOL MIGHT BE USED AS A VOTING PLACE. S -HE CONTINUED THAT A PARKING AREA, RAMPS AND A PUBLIC TELEPHONE ARE NEEDED AT THE PLACE WE SELECT AS A VOTING PLACE; AND TO ACCOMMODATE THE USE OF A,WHEELCHAIR, A BOARD RAMP COULD BE TEMPORARILY INSTALLED. COMMISSIONER SIEBERT SUGGESTED THE SALES PAVILION IN THE MOORINGS MIGHT BE A SUITABLE POLLING PLACE. SUPERVISOR OF ELECTIONS RICHEY NEXT DISCUSSED SPLITTING PRECINCT 5B IN ROCKRIDGE WITH SOUTH BEACH, WHICH WOULD BECOME 5D; THIS WOULD LEAVE 1000 VOTERS IN ROCKRIDGE AND 600 ON THE SOUTH REACH. SHE CONTINUED THAT THERE ARE 2500 PEOPLE IN PRECINCT 5, WHICH VOTE AT THE CARPENTERS' HALL, AND WE ARE UNABLE TO INSTALL ANOTHER VOTING MACHINE AT ti THIS LOCATION; ALSO THE PARKING IS NOT SUFFICIENT. i COMMISSIONER LYONS STATED HE WILL LOOK INTO THE POSSIBILITY OF THE EPISCOPAL CHURCH AS A POLLING PLACE. MRS. RICHEY NEXT DISCUSSED PRECINCT 1 AND STATED THAT THE CITY OF SEBASTIAN WILL BE ANNEXING SOON. THERE ARE ALSO PLANS TO ANNEX THE 7 :F 39 F E B 2 11979 it r m FISCHER PROPERTY, WHICH IS SOUTHWEST OF ROSELAND ROAD NEAR S.R. 512; IT WILL TAKE IN PART OF PRECINCT 1C. SHE CONTINUED THAT THERE ARE SOME PROBLEMS DURING A CITY ELECTION AS THERE ARE -SEVERAL VOTERS WHO MUST BE CHANGED FROM BOOK TO BOOK. SHE FURTHER EXPLAINED THAT FOR THE CITY ELECTIONS, THE VOTERS HAD TO GO TO SEBASTIAN AND FOR THE COUNTY ELECTIONS, TO ROSELAND; THIS SYSTEM WILL HAVE TO WAIT UNTIL AFTER THE 1980 ELECTIONS TO BE CHANGED. MRS. RICHEY SAID SHE WOULD NEED TO ADD S TO 10 NEW PERSONNEL FOR THESE TWO PRECINCTS. CHAIRMAN WODTKE ADVISED THAT COMMIS- SIONER SIEBERT AND COMMISSIONER LYONS WOULD ASSIST MRS. RICHEY IN THESE MATTERS. DISCUSSION FOLLOWED AND IT WAS DECIDED THAT WHEN THE NEW POLLING LOCATIONS.HAVE BEEN DESIGNATED, MRS. RICHEY WILL THEN MAKE HER PRESENTA- TION TO THE BOARD FOR THEIR APPROVAL. FRANK ZORC APPROACHED THE BOARD AND OFFERED, AT NO COST TO THE COUNTY, A LOCATION AT 6TH AVENUE AND 12TH STREET THAT COULD BE USED AS A POLLING PLACE WHEN CONSTRUCTION IS COMPLETED. HE CONTINUED THAT IT IS JUST ONE BLOCK OUT OF THE CITY LIMITS AND EAST OF THE VERO MALL, IN THE 5B PRECINCT --AND HE WOULD MAKE IT AVAILABLE IF IT COULD BE USED BY THE COUNTY. S. P. MUSICK, SURVEYOR, REPRESENTING EUGENE O'NEILL, OWNER OF SPRING PLACE SUBDIVISION, APPROACHED THE BOARD TO REQUEST FINAL APPROVAL OF SPRING PLACE SUBDIVISION, WHICH IS LOCATED 1/2 MILE NORTH OF WABASSO ROAD ON AIA. HE CONTINUED THAT ONE HALF OF THE SOUTH ROAD IS PAVED AND IS PRIVATE BUT SINCE HALF THAT ROAD IS DEDICATED AS A PUBLIC ROAD, IT DOES NOT INCLUDE THE SOUTH 25' TO BE USED AS A ROAD RIGHT-OF- WAY. DISCUSSION FOLLOWED REGARDING THE SOUTH 25' FOR PUBLIC ROAD RIGHT-OF-WAY, WHICH IS NOT INCLUDED ON THE PLAT, AND IT WAS DECIDED THE COUNTY MUST HAVE THE DEED FOR THIS PORTION SO THAT IT CAN BE MAINTAINED BY THE COUNTY. ADMINISTRATOR .JENNINGS COMMENTED THAT HE AND MR. MUSICK HAVE DISCUSSED THESE MATTERS AND ADVISED THE BOARD THAT ALL IS IN ORDER AND HE RECOMMENDS APPROVAL OF SPRING PLACE SUBDIVISION. g i6. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF SPRING PLACE SUBDIVISION, AND AUTHORIZED THE ADMINISTRATOR'S SIGNATURE, SUBJECT. TO THE DEVELOPER INDICATING ON THE PLAT THAT THE SOUTH 25' WAS A DEDICATED PUBLIC ROAD. EDWIN S. SCHMUCKER, ENGINEER, REPRESENTING WILLIAM PRIESTLY, OWNER OF THE VERO BEACH HEALTH CLUB, APPEARED BEFORE THE BOARD REQUESTING A ONE YEAR EXTENSION OF THE SITE PLAN APPROVAL TO COMPLETE THE BUILDING OF THE TENNIS COURT AND THE HAND BALL COURT. HE STATED THAT THE REASON THE EXTENSION IS NEEDED IS DUE TO A FINANCIAL STRAIN ENCOUNTERED IN ATTEMPTING TO COMPLETE THIS PROJECT. PLANNER REDICK STATED THAT HE HAS REVIEWED THE SITE PLAN AND IT CONFORMS TO THE ORIGINAL PLAN EXCEPT IT HAS BEEN REVISED TO INCLUDE THE NEW ORDINANCE CHANGES; THESE HAVE BEEN DONE AND ARE ON FILE IN THE PLANNING DEPARTMENT. HE FURTHER COMMENTED THAT THE BOARD HAS THE AUTHORITY TO GRANT THE EXTENSION AT•THEIR DISCRETION. DISCUSSION FOLLOWED REGARDING THE LANDSCAPING,,AND IT WAS NOTED THAT THE EXISTING TREES WOULD REMAIN AROUND THE PERIMETER OF THE PROPERTY. ATTORNEY COLLINS NOTED THAT THE POLICY WHICH PERTAINS TO THIS REQUEST IS ONLY ONE OF REASONABLE TIME, SHOW OF DELIVERANCE OF THE' APPLICANT,,AND THE CAPABILITY OF THE APPLICANT TO FILL THE REQUEST, FRANK ZORC APPROACHED THE BOARD STATING THAT HE HAD NO OBJECTION TO THE EXTENSION, ONLY QUESTIONED IF THE TENNIS COURT, WHICH IS NOT YET BUILT, COULD BE PERMITTED IN THIS ZONE. PLANNER REDICK STATED THIS PROPERTY WAS DETERMINED TO BE A COUNTRY CLUB AT THE TIME THE BASIC SITE PLAN WAS APPROVED,' IT IS AN ACCEPTED AND PERMITTED USE IN THE DISTRICT. I •,. COMMISSIONER SIEBERT NOTED THAT THIS IS ALSO A PRIVATE MEMBER- . j SHIP CLUB. MR. ZORC ASKED IF THE ATTORNEY AGREED WITH THE PLANNER. THE ATTORNEY COMMENTED THAT IF YOU BELIEVE THIS TO BE A COUNTRY CLUB, THEN IT IS A PERMITTED USE; MR. PRIESTLY'S APPLICATION AND PLAN IS FOLLOWED THROUGH ON THE BASIS THAT IT IS A COUNTRY CLUB. HE CONTINUED THAT MR. ZORC'S FORMER APPLICATION FOR A ROLLER RINK PROJECT WAS BASED 9 BOOK 39 PAGE 90 s FEB2 11979 N ON IT BEING A NON-PROFIT CORPORATION. THE ATTORNEY FURTHER STATED THAT PROPERTY IN THAT AREA CAN BE FOR COUNTRY CLUB USE AS THE PRIOR BOARDS HAVE CONSTRUED, MR. ZORC ASKED THAT IF HE BOUGHT THE LOT NEXT DOOR FOR COUNTRY CLUB USE, WOULD HE BE ABLE TO DO THE SAME THING? ATTORNEY COLLINS AGAIN REPLIED THAT PRIOR BOARDS HAVE CONSTRUED THAT A COUNTRY CLUB IS PERMITTED. HE CONTINUED THAT YOU MUST LOOK AT THE PROJECT, SEE HOW IT IS BEING OPERATED AND IF IT IS BEING OPERATED AS A COUNTRY CLUB; THEN HE BELIEVED A SIMILAR PROJECT WOULD BE APPROVED. WILLIAM PRIESTLY APPEARED BEFORE THE BOARD AND STATED THAT HE FELT THIS PROJECT COULD BE COMPLETED WITHIN ONE YEAR. HE FURTHER EXPLAINED THAT IN DOING THE RACQUET BALL BUILDING, WORK FELL BEHIND; HE DOES WANT TO HAVE A TENNIS COURT BUILT AS THE SPACE IS ALREADY CLEARED AND IT WOULD BE A DECIDED ASSET TO HIS PROJECT. COMMISSIONER SIEBERT COMMENTED THAT IF THE PROJECT GOES BEYOND A YEAR, HE WOULD WANT MR.'PRIESTLY TO GO THROUGH THE PROCESS AGAIN. FRANK ZORC ASKED IF THE LANDSCAPING ORDINANCE HAS BEEN COMPLIED WITH,AND HE RECEIVED AN AFFIRMATIVE REPLY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED EXTENSION OF THE SITE PLAN APPROVAL FOR ONE YEAR TO THE VERO BEACH HEALTH CLUB ON THE BASIS THAT THE APPLICANT HAS SHOWN DILIGENCE IN PROCEEDING. ' CHAIRMAN WODTKE NEXT CALLED .JAMES D. STINSON BEFORE THE BOARD AND READ ALOUD RESOLUTION No. 79-23,AND AFTER PRESENTING, THE RESOLUTION TO HIM, STATED THAT MR. STINSON HAS DONE AN OUTSTANDING JOB IN REPRE- SENTING THE CITIZENS OF THE TOWN AND HAS DONE AN OUTSTANDING SERVICE TO THIS COUNTY. THE BOARD NEXT TOOK UP A REQUEST FROM WILLIAM E. GEORGE REGARDING t THE VERO BEACH HIGH SCHOOL BASEBALL FIELD, AS PER THE FOLLOWING LETTER: 10 91 FEB 211979 • Telephone (305) 567.7165 SUNCOM No. 465 -loll S4114)f1 IISI1.14'1 4`1 I%IIA,% �1A11 1'f!'`1'► 1426 19th Street - P. 0. Box 2648 - Vero Beach, Florida 32960 JAMES A. BURNS, Superintendent February 16, 1979 SCHOOL BOARD JOE N.IDLETTE,JR Chairman GARY W. LINDSEY Vice -Chairman RICHARD A. SOLING ER RUTH R. BARNES DOROTHY A.TALBERT Mr. William Wodtke, Chairman County Commissioners of Indian River County Court House i Vero Beach, Fla. f RE: Vero Beach High School Baseball Field Dear Mr. Wodtke: I The referenced project, sponsored by citizens and businesses of Indian River County, requests the services of the county in completing the drainage swale just east of the baseball field. The existing Swale in service prior to the construction of the baseball field had to be diverted several feet and expanded for adequate drainage. Volunteer help enlarged the Swale, provided several pieces of concrete sewer pipe and Installed one piece at the extreme south end of the Swale as it emptied into the east -west drainage ditch. We need the assistance of the county in placing the sewer pipe in place, connecting them to the one piece in place and covering the work with fill removed at the sides of the swale. K This project when completed will be a definite asset to the community providing an exemplary park for our high school and other community baseball teams. We would appreciate your assistance in completing -this project as we do not have equipment adequate to do the job. //Sincerely, (ALJ William E. George Assistant Superintendent i WEG/mh ADMINISTRATOR JENNINGS COMMENTED THAT HE HAS STUDIED THIS SITE AND REPORTED THE SWALE DITCH IS 30' WIDE AND 6' -DEEP -AND WILL REQUIRE APPROXIMATELY 300 TO 400 YARDS OF FILL TO DO THE JOB.CORRECTLY. HE THEN DESCRIBED .THE AMOUNT OF WORK THIS PROJECT WOULD ENTAIL AND CONCLUDED i 11 39 92 FEB 21 1979 f A Ffl THAT IT WOULD TAKE ABOUT THREE MEN TO LAY THE PIPE WITH A HYDRO -LIFT, GROUT THE PIPE WITH CEMENT, 'GRADUALLY FILL IN OVER THE PIPE, THEN COMPACT THE AREA WITH A BETTER GRADE OF MARL. ATTORNEY GORDON B. .JOHNSTON, OF THE LOCAL BASEBALL BOASTER ORGANIZATION, SPOKE BEFORE THE BOARD AND COMMENTED THAT THERE WILL NOT BE MUCH VEHICULAR TRAFFIC OVER THE DITCH, MOSTLY FOOT TRAFFIC AND A TRACTOR MOWER. HE CONTINUED THAT THEY HAVE HAD CONTRIBUTIONS FROM • CITIZENS AND HAVE NOT USED ANY OF THE TAXPAYERS' MONEY. MR. JOHNSTON REPORTED THAT THIS IS NOT JUST A SCHOOL BOARD PROJECT AS OTHER TEAMS WILL BE USING THE FIELD. HE AFFIRMED THAT THEY WERE NOT REQUESTING MONEY FROM THE COUNTY, JUST EQUIPMENT AND MANPOWER, AND THEY COULD PROVIDE THE ADDITIONAL FILL FROM DONORS. ADMINISTRATOR JENNINGS STATED THAT THE BACK FILL MATERIAL SHOULD BE BROUGHT IN AND LAID WITHIN 20' OF THE JOB SITE; THEN THE COUNTY, AT THEIR CONVENIENCE, COULD PROCEED SINCE THEY HAVE THE AVAILABILITY OF MATERIALS. ON MOTION BY COMMISSIONER LYONS, SECONDED.BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO SET THE GRADE AND SET THE DRAINAGE PIPE IN POSITION AT THE VERO BEACH HIGH SCHOOL BASEBALL FIELD, AS REQUESTED BY MR. GEORGE'S LETTER OF FEBRUARY 16, 1979, WITH THE UNDERSTANDING THAT THE FILL WILL BE PROVIDED BY OTHER PARTIES. THE BOARD NEXT DISCUSSED A REQUEST FROM GENE E. MORRIS, COUNTY TAX COLLECTOR, AS PER THE FOLLOWING LETTER: 12 BOOK 39 PAGE 93 c zA uINDUN RIVER COUNTY GENE E. MORRIS TEI.EPHONH, (305) 562.2903 TAX COLLECTOR P. o. Box 1509 VERO BEACH, FLORIDA - 32960 February 13, 1979 -Board of County Commissioners Indian River County Vero Beach, Florida Dear Sir: We have received from the Department of Revenue an order approving a refund which covers taxes for prior years which were distributed at the time of collection. These orders are received several times a year, usually because of a change in value, and in some cases where the tax should not have been levied at all. According to the guidelines established in the Florida Statutes, Chapter 195.106, there.is a provision whereby taxing districts can comply with the order by authorizing the tax collector to make a refund from undistributed funds held for that taxing authority. This is the way we wish to handle the refund and hereby request written approval from you authorizing the refund. Please have this' approval back to us by April 1, 1979, so that it may be handled from distribution funds for Marc 79 , This office will furnish you with a complete breakdown for each refund and a copy of the approval by the Department of Revenue when funds are deducted fr•cr, the distribution receipt. With personal regards, I am Sincere3.y yours, a val AL1 Gene E. Morris County Tax Collector GEM/bm `,` ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-25, AND AUTHORIZED , THE CHAIRMAN'S SIGNATURE, APPROVING THE REFUND OF PRIOR YEARS TAXES AS ORDERED BY THE DEPARTMENT OF REVENUE, AS OUTLINED IN THE LETTER OF FEBRUARY 13, 1979 FROM GENE E. MORRIS. 13 FEB 211979 BOOK 99 PAGE 94 i RESOLUTION NO. 79-25 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that'GENE E. MORRIS, County Tax Collector, is hereby authorized to make a refund of $ 153.06 from undistributed funds held for Indian River County. Said refund to be made pursuant to Department of Revenue Order as outlined in the letter of February 13, 1979 to the Board of County. Commissioners signed by GENE E. MORRIS. Said Resolution shall become effective as of the 21st day of February , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By -1 �.Z - Q c1CZ3te William C. Wodtke, Jr., Cha' .an Attest: / Freda Wright, r BOOK 39 PAGE 95 FEB 2x.1979 STATE OI' FLORIDA DEPARTMENT OF REVENUE In the matter of the ) ,application for refund ) of ) North American Car Corporation ) ) TO: Honorable Gene E. Morris Indian River County Tax Collector Indian River County Courthouse Vero Beach, Florida 32960 ORDER OF REFUND On September 7, 1976, North American Car Corporation made application for refund of 1971, 1972, 1973 and 1974 ad valorem taxes of _Indian River County, Florida. After having reviewed the application and evidence furnished in support thereof, the department makes the following findings: 1. The respective taxes for 1971, 1972, 1973 and 1974 were. paid by'North American Car Corporation within .four years next preceding September 7, 1976. 2. The authority of the Department of Revenue to make this assessment for 1971, 1972, 1973 and 1974 was declared invalid in the case of General American Transportation Corporation v. Askew, 310 So.2d 46 (Fla. 1st D.C.A. 1975), cert. due, 328 So.2d 840 (Fla. 1975). and in accordance therewith, and pursuant to the authority granted the department under 9195.106, F.S. you are AUTHORIZED AND DIRECTED to make a refund in accordance with the provisions of 9195.106(2) and (3), F.S., to North American Car Corporation in the amount of $ 106.48 for 1971, $ 132.16 for 1972, $ 130.84 for 1973 and $ 213.62 for 1974. DONE AND ORDEAZED at Tallahassee, Florida this _6th day of January, 1979. Harry L. 'Coe, Jr. Executive Director Department.of Revenue WK 39 PAGE 96 FEB 21 1979 0 FEB 21.1979 aooK 39 FACE 97 �I aooK 39 FACE 97 s 9 0 E THE BOARD NEXT TOOK UP'A REQUEST FROM EDWARD J. NOLAN, MAYOR OF THE TOWN OF INDIAN RIVER SHORES, REGARDING SEWER ALLOCATION, AS OUTLINED IN THE FOLLOWING LETTER: TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A P.O. BOX 8007 INDIAN RIVER SHORES, FLORIDA 32960 Telephone: AC 305 231-1771 Council Members EDWARD J. NOLAN, Mayor44 SUZANNE M. BODEN, Vice -Mayor GEORGE P. BUNNELL FRITZ E. GIERHART THAD D. WILKINS February 14, 1979 Honorable William C. Wodtke Chairman, Indian River County Commissioners County Courthouse Vero Beach, Florida 32960 Dear Commissioner Wodtke: CHESTER E. CLEM Town Attorney JAMES W. YOUNG Town Clerk R138F6Ei::F.:::LLf YD .............................. Town Engineer John Curtin It is requested that Mayor Edward J. Nolan and Mr. John Curtin, Town Engineer, be received at the County Commission meeting 21 February 1979, for the purpose of discussing the waste water requirements of Indian River Shores. A total allocation of 250,000 gal/day is requested, based on the projected requirements to the year 1990-: The assumption is made that there will be two phases. Phase I will be the interium period which is the time it takes for the 201 program to become operational. The geographical area in which Phase I will take -place is as follows - from the Maroon Subdivision 200 yards north of Fred Tuerk Drive, south to the town southern limits. It is understood that all costs will be'borne by the town except for those units in the County which will be expected to pay a proportional share. Name of unit Vista Del Mar Sea Watch Robles Del Mar Pebble Beach Villas Maroon Subdivision 17 Number of units 250 39 72 72 45 478 total I BOOK 39 PAGE 98 a M Honorable William C. Wodtke February 14, 1979 Page two Additional proiects in 1979 Number of units Kaimona 232 Muller 104 336 Total ipmediate requirements = 478 + 336 = 814 units 814 x 300 gal/day per unit = 250,000 gal/day (approximately) Based on density in the proposed area we can expect a re- quirement of approximately 500,000/day in 1990. A commitment from the County is the first step toward the removal of the package plants in Indian River Shores. Until this first step is accomplished and an interlocal agreement between Vero Beach and Indian River Shores is signed, we cannot move forward and have our waste water treatment facilities developed. Therefore, your earliest and thoughtful consideration will be most appreciated. Vqry truly yours, 1. INDIAN RIVER SHORES -.4 w 7ward J. No'1 n Mayor EJN/vg cc: John Curtin George Bunnell John Colyer Chester Clem EDWARD J. NOLAN, MAYOR OF THE TOWN OF INDIAN RIVER SHORES, APPROACHED THE BOARD AND STATED THAT THERE WAS A CORRECTION TO BE MADE IN HIS LETTER TO THE BOARD OF FEBRUARY 14, 1979 AS,FOLLOWS: IN THE SECOND PARAGRAPH, THE YEAR 1990 SHOULD READ "1980." HE CONTINUED THAT DURING THE MEETINGS OF THE 201 COMMITTEE, IT WAS AGREED THAT INDIAN RIVER SHORES WOULD BE PROVIDED WITH WASTE WATER TREATMENT IN THE INTERIM PERIOD OF PHASE I. MAYOR NOLAN STATED SINCE THAT TIME, THEY HAVE HAD TWO DEVELOPERS INTERESTED IN DEVELOPING TWO OR POSSIBLY THREE CONDOMINIUMS IN INDIAN RIVER SHORES; AND THE FIRST QUESTION THEY ASK IS WHETHER OR NOT THERE ARE SEWERS. HE CONTINUED THAT HE CANNOT SEEM TO GET ANYWHERE FEB 211979 18 BOOK 39 PAGE 99 WITH THIS 201 PROGRAM AND THEY HAD HOPED TO GET AN ALLOCATION WITH THE COUNTY. HE THEN ASKED IF THE COUNTY COULD GIVE HIM A MAXIMUM ALLOCATION -OF 250,000 GALLONS, BASED ON THE FIGURES IN HIS LETTER. COMMISSIONER SIEBERT COMMENTED THAT WE DO NOT DO THIS. -FOR OUR OWN DEVELOPERS IN THE -COUNTY AND WE COULD NOT CONTINUE TO SUPPLY ALL THE POTENTIAL DEVELOPERS AS WE HAVE PEOPLE WAITING ALL THE WAY UP TO WABASSO THAT WE CANNOT SERVE. • MAYOR NOLAN ASKED IF THEY COULD NOT GET AN ALLOCATION OF 250,000 GALLONS, COULD THEY SETTLE FOR ANYTHING ELSE? COMMISSIONER LYONS FELT MAYOR NOLAN'S REQUEST SHOULD BE LOOKED AT AS A SEPARATE ITEM AND THOUGHT WE COULD SEPARATE THE AREAS: ONE IN THE CITY OF INDIAN RIVER SHORES AND ONE IN THE UNINCORPORATED AREA IN i BETWEEN. MAYOR NOLAN THEN DISCUSSED THE UNITS THEY PROPOSE TO HAVE,AND IF THEY DON'T PROVIDE SEWERAGE, HE WAS NOT SURE THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE ENVIRONMENTAL PROTECTION AGENCY WOULD GIVE OUT ANY MORE.PERMITS FOR A WASTE WATER PLANT.. DISCUSSION ENSUED -REGARDING THE TAC COMMITTEE,AND IT WAS STATED THAT THIS COMMITTEE CAME UP WITH THE 200,000 GALLONS AND THE COUNTY FELT THE 150,000 GALLONS INCLUDED THE UNINCORPORATED AREA. COMMISSIONER LYONS STATED THAT IF THE COUNTY HAD 150,000 GALLONS ALLOCATED AND THE TOWN OF INDIAN RIVER SHORES WANTED MORE, THEY • WOULD HAVE TO NEGOTIATE WITH THE CITY OF VERO BEACH. DISCUSSION FOLLOWED REGARDING THE SEWER LINE GOING INTO THE CITY OF VERO BEACH. MAYOR NOLAN INTERJECTED THAT IT MIGHT BE POSSIBLE THAT THE PEOPLE IN VERA CRUZ MIGHT NOT WANT TO GO ON THE SEWER LINE�AND THE ATTORNEY STATED THAT THE COUNTY COULD RESOLVE THAT PROBLEM. THE MAYOR CONTINUED THAT HE WILL TRY TO NEGOTIATE WITH THE CITY OF VERO BEACH IF HE IS GIVEN AN ALLOCATION TODAY FROM THE COUNTY, AND INDIAN RIVER SHORES WILL BEAR THE COST. DISCUSSION FOLLOWED ALONG THOSE LINES, AND IT WAS STATED THAT THE TOWN OF INDIAN RIVER SHORES WANTS THE CITY OF VERO BEACH TO ACCEPT FOR TREATMENT THE 150,000 GALLONS THE COUNTY WOULD ALLOCATE TO THEM. 19 Bolt( 39 PAGE 100 F E B 211979 COMMISSIONER SIEBERT FELT IT WAS NOT THAT SIMPLE; HE WANTED TO HAVE SOME ASSURANCE THAT THE UNINCORPORATED AREA WOULD BE SERVICED AND HE THOUGHT THAT 200,000 GALLONS WOULD BE THE PROPER. ALLOCATION FROM FRED TUERK DRIVE TO THE CITY LIMITS. COMMISSIONER" LOY AFFIRMED THAT THE PROJECT INCLUDES THE ENTIRE AREA FROM THE NORTH CITY LIMITS TO AT LEAST FRED TUERK DRIVE AND SHE DID NOT WANT TO SEPARATE IT. SHE CONTINUED THAT THE COUNTY'S PLANT IS LOCATED IN THE TOWN OF INDIAN RIVER SHORES,BUT WE HAVE AN AREA IN THE COUNTY TO SERVICE. COMMISSIONER LYONS MENTIONED THAT PEBBLE BEACH VILLAS AND SEA WATCH ARE BEING TREATED OUT OF THE COUNTY'S PACKAGE PLANT RIGHT NOW, COMMISSIONER SIEBERT FELT THAT 50,000 GALLONS NEEDS TO BE RESERVED FOR THAT AREABUTIT MUST BE HANDLED SIMULTANEOUSLY AND BOTH PROBLEMS HAVE TO BE SOLVED BY ONE PROJECT. CHAIRMAN WODTKE COMMENTED THAT THE COUNTY IS NOT IN A POSITION' TO MAKE A DECISION ABOUT ALLOCATIONS. THE 201 PROGRAM, RECOMMENDED BY THE TAC COMMITTEE, ENVISIONS MAKING A 200,000,GALLON ALLOCATION FOR THAT AREA, HE CONTINUED THAT WHEN WE GO TO STEP 2, IT ENVISIONS THE COUNTY SERVING THAT AREA, TAKING THAT ALLOCATION BACK AND TRANSFERRING IT TO ANOTHER LOCATION. THE CHAIRMAN ASKED IF WE HAVE THESE ASSURANCES OR ANY LOCAL AGREEMENTS PREPARED AND DO WE KNOW THAT IS -GOING TO BE ACCEPTABLE TO THE CITY OF VERO BEACH? CHAIRMAN WODTKE MENTIONED ANOTHER PROBLEM: WHEN WE HAVE TO SERVICE THE INDIAN RIVER SHORES SEWERS, WE ARE ALSO GOING TO HAVE TO SERVICE THEM WITH WATER AND WILL THE CITY OF VERO BEACH BE WILLING TO TEAR UP THEIR CONTRACT? COMMISSIONER LYONS GUESSED THAT THE CITY OF VERO BEACH WOULD BE GLAD TO GET OUT OF THE CONTRACT TOMORROW MORNING. CHAIRMAN WODTKE STATED THAT HE HAS NO PROBLEMS WITH THE 200,000 GALLONS ALLOCATION; WE JUST DO NOT HAVE AN APPROVED PLAN AT THIS TIME. MAYOR PROLAN STATED THAT THE TOWN OF INDIAN RIVER SHORES CAN PAY FOR THE PHASE I INTERIM, WITHOUT ANY FEDERAL ASSISTANCE. HE FURTHER STATED THAT HE WOULD LIKE TO GET SOME WORD FROM THE COUNTY AS FAR AS 20 FEB 2 11979 GOOK 39 PAGE 101 I 0 ALLOCATION, POSSIBLY 200,000 GALLONS, IN ORDER TO GET STARTED. THE TOWN CANNOT MOVE FORWARD UNLESS HE GETS A COMMITMENT FROM SOMEBODY; IT IS EITHER THE CITY'S OR COUNTY'S RESPONSIBILITY. MAYOR NOLAN COMMENTED THAT THEY CANNOT BUILD THEIR OWN PLANT AS IT WOULD BE A TWO MILLION DOLLAR OPERATION. COMMISSIONER LYONS FELT WE DID NOT HAVE TO WAIT FOR THE 201 PROGRAM TO BE FINALIZED, AS THE HOSPITAL, THE VERO MALL, AND VARIOUS OTHER PLACES HAVE MANAGED. HE FURTHER STATED THAT THERE ARE STILL A LOT OF PEOPLE THAT HAVEN'T GOTTEN INTO THE ACT ON THE 201 PROGRAM. MAYOR NOLAN THEN ASKED IF WE COULD APPROACH IT FROM ANOTHER ANGLE BY FORGETTING THE 201 PROGRAM, HAVE THE COUNTY GIVE THE TOWN OF INDIAN RIVER SHORES A 200,000 GALLON ALLOCATION, AND THEN ENTER THE 201 PROGRAM IN PHASE 2. HE THEN COMMENTED THAT RALMAR RECEIVED THEIR ALLO- CATION IN THAT MANNER. DISCUSSION WAS HELDJAND IT WAS DECIDED THAT OTHERS HAVE ASKED THE SAME QUESTION AND THE BOARD HAS HAD TO SAY NO. MAYOR NOLAN THEN STATED THAT ALREADY IT HAS COST MR. ECCLESTONE OVER A MILLION DOLLARS IN DELAYS BY WAITING FOR*THIS PLANT; ALSO VISTA DEL MAR HAS SPENT $38,000 AND VERY SHORTLY WILL COST THEM AN'ADDITIONAL $24,000. HE CONTINUED THAT THEY HAVE REACHED THE POINT THAT SOMETHING MUST BE DONE SOON. DISCUSSION FOLLOWED ON WATER, AND MAYOR NOLAN COMMENTED THAT WATER CAN BE OBTAINED FROM THE 18" WATER LINE, AND AN EXISTING 12" LINE CAN BE USED FOR WASTE WATER, PROVIDED THE CITY OF VERO BEACH APPROVES. COMMISSIONER SIEBERT NOTED THAT THERE WOULDN'T BE MUCH OF A PROBLEM IF 150,000 GALLONS WERE ALLOCATED FROM TUERK DRIVE SOUTH WITHIN THE CITY LIMITS OF INDIAN RIVER SHORES, AND 50,000 GALLONS TO THE UNIN- CORPORATED AREA. CHAIRMAN WODTKE SAID IT WOULD HAVE TO BE TRANSFERABLE AND AGREED'UPON THAT WE WOULD ALSO SERVICE THE AREA WITH WATER AND SEWER. MAYOR NOLAN THEN REQUESTED A LETTER FROM THE COUNTY ALLOCATING THE 150,000 GALLONS. FEB 2 11979 21 B4QK 39 PAGE 102 • '. COMMISSIONER Loy COMMENTED THAT THE BOARD WOULD NOT GIVE THIS ALLOCATION TO HIM IN WRITTEN FORM AS THEY WANT TO GO BY THE 201 PROGRAM. SHE FELT THERE WERE MANY THINGS TO CONSIDER SUCH AS THE COST, ARRANGEMENTS, WHO WILL SERVICE THE WATER, ETC. CHAIRMAN WODTKE STATED THAT THE BOARD IS GOING TO HAVE.THIS 201 PROGRAM APPROVED BEFORE IT WILL MOVE WITH THE PROJECT; ALL OF THE INTERLOCAL AGREEMENTS MUST BE WORKED OUT AND THE EPA MUST APPROVE IT. HE CONTINUED THAT THE BOARD HAS HAD MANY REQUESTS FROM OTHER PEOPLE AND WE NEED TO KNOW EXACTLY WHERE THESE ALLOCATIONS ARE GOING. ATTORNEY COLLINS SUGGESTED THAT THE BOARD AUTHORIZE COMMISSIONER LYONS AND THE ATTORNEY TO COOPERATE WITH MAYOR NOLAN IN NEGOTIATIONS WITH THE CITY OF VERO BEACH TO COME UP WITH AN AGREEMENT CONSISTENT WITH THE DISCUSSION HELD TODAY. COMMISSIONER LYONS AGREED AND STATED THAT THE CAPACITY CAN BE TRANSFERRED AT A LATER DATE WHEN THE NORTH COUNTY TREATMENT PLANT IS BUILT. MAYOR NOLAN ASKED IF HE WAS GOING TO LEAVE THE MEETING TODAY dI WITH AN ALLOCATION OF 200,000 GALLONS, AND HE RECEIVED A NEGATIVE REPLY. ATTORNEY COLLINS SUGGESTED THAT HE INFORM THE TOWN OF INDIAN RIVER SHORES THAT THE COUNTY HAS AUTHORIZED A DELEGATION TO WORK WITH • THE MAYOR CONSISTENT WITH THE DISCUSSION HELD TODAY. FEB'2 11979 BOOK 39 PACE x.03 0 Y THE HOUR OF 11:00 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a �-i e, "C in the matter of " 4 C a I G in they Court, was pub- lished in said newspaper in the issues of 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- 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. it �cc, �,. Sworn to and subscribed before me this ,LI da ofik j CC- - A.D. 2192.d_ Busin a ager) v- ti (Clerk of the Circuit Court, India River County, Florida) (SEAQ Irl 23 NOTICE THIS OFFICIAL PUBLIC NOTICE IS HEREBY GIVEN by the Board of County Commissioners of Indian River County, Florida, that the said Board of County Com. missioners intends to conduct a public hearing pursuant to Chapter 380.06 (7), Florida Statutes and Chapter 22-F-1.21 of the Florida Administration Code for the Development of Regional Impact known as the Lake Poinsett. Martin -Midway $00 KV Transmission Lines and Modifications to Existing 240 KV System to be constructed by Florida Power and Light Company in or near the following Sections, Ranges and Townships of the unincorporated area of Indian River County: In Township 31 S, Range 35 E, Sections 6, 7, 18,19, 29, 30 and 32. In Township 32 S, Range 35 E, Section S, 6, 8, 17, 20, 21, 27, 28, 34, 35 and 36. In Township 33 S, Range 36 E, Sections 6, 7, 18,19, 30, 31, 32, 33, 34, 3S and 36. The public hearing will be conducted by the Board of County Commissioners of Indian River County at 11:00 A.M. on February 21, 1979, in the Chambers of the Board of County Commissioners located at 2145 14th Avenue, Vero Beach, Florida. Copies of the proposed Development of Regional Impact may be examined atthe Indian River County Planning and Zoning Department located at 2121 14th Avenue, Vero Beach, Florida. This notice is being published at least sixty (60) days in advance of the subject public hearing by the Indian River County Board of County Commissioners and is being provided to the Division of State Planning, Department of Administration of the State of Florida, the Treasure Coast Regional Planning Council, the Department of Environmental Regulation of the State of Florida, and the St. John's River Water Management District. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr., Chairman Dec. 15, 1978. BOOK, 39 PACE 104 PROPER NOTICES OF THE PUBLIC HEARING WERE SENT TO THE PROPERTY OWNERS OF INDIAN RIVER COUNTY, WHOSE LAND IS CROSSED BY OR LOCATED NEAR THE PROPOSED PROJECT, AS REQUIRED BY FLORIDA STATUTE SECTION 380.06(7)(D) AS EXPLAINED IN THE FOLLOWING LETTER. SAID NOTICES ARE ON FILE IN THE OFFICE OF THE CLERK. P. 0. BOX 013100, MIAMI, FL 33101 FLORIDA POWER & LIGHT COMPANY December 11, 1978 U Mr. Stan Redick Planning Director Indian River County 2121 14th Avenue Vero Beach, Florida 32960 RE: Lake Poinsett-Martin-Midway 500 kV Transmission Lines and -Modifications to Existing 240 kV System Dear Stan: Enclosed herewith, please find notification letters, associated maps, and individually addressed and stamped envelopes for property owners whose land is crossed by or located near the above proposed project. There is a total of 19 property owners being notified within Indian River County. As you requested, a copy of each notification is also enclosed with this letter for your record. Section 380.06(7)(d) requires that notification be given to the state land planning agency, the applicable regional planning agency, and to such other persons designated by the state land planning agency. Therefore, to comply with Chapter 380 and Chapter 22F-1, Part II, Rules of the Division ' of State Planning which designates "other persons," we have included appropriate notification materials in addressed, stamped envelopes for the following: Division of State Planning Treasure Coast Regional Planning Council St. Johns River Water Management District Department of Environmental Regulation (Tallahassee office) Department of Environmental Regulation (District office) Okeechobee County Board of County Commissioners Brevard County Board of County Commissioners Osceola County Board of County Commissioners St. Lucie County Board of County Commissioners The notification of all parties included herein -sixty days prior to the public hearing should satisfy the requirements of Chapter 380 F. S. along with the notification in the newspaper. If you have any questions, please call: Sincerely, d .June M. Small AICP Environmental Planner , JMS/kb 24 Boa 39 PAGE 105 ATTORNEY COLLINS STATED THAT THE LEGAL NOTICE WAS PREPARED BY THE APPLICANT, FLORIDA POWER & LIGHT, AND STATED THE TIME AND PLACE IS CORRECT BUT WILL DEFER THE FORM TO THE APPLICANT. ATTORNEY GEORGE MOSS, REPRESENTING FLORIDA POWER & LrGHT, STATED THAT THE PUBLIC HEARING HAS BEEN CALLED UNDER THE DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR THE DEVELOPMENT OF A POWER TRANSMITTING LINE. HE INTRODUCED TOM FAIR, WHO WILL MAKE THE FORMAL PRESENTATION OF WHAT FLORIDA POWER & LIGHT PROPOSES TO DO IN THIS MATTER. TOM FAIR, SENIOR ENVIRONMENTAL PLANNER WITH FLORIDA POWER & LIGHT OF MIAMI, APPROACHED THE BOARD TO GIVE THE BACKGROUND AND REASON FOR THE PROJECT. HE CONTINUED THAT TWO 500 KV TRANSMISSION LINES, IN A SINGLE CORRIDOR, ARE PLANNED TO BE BUILT FROM THE MIDWAY SUBSTATION IN ST. LUCIE COUNTY TO THE FUTURE LAKE POINSETT SUBSTATION SITE IN ORANGE COUNTY, ABOUT 96 MILES, WHICH CROSSES OVER FOUR COUNTIES. MR. FAIR STATED THAT THE INITIAL LINE IS PLANNED FOR OPERATION IN 1983, THE SECOND LINE, WILL BE IN THE 1990S AND WILL BE IN A SINGLE CORRIDOR, WITH THE RIGHTS- OF-WAY BEING 330' IN WIDTH. HE CONTINUED.THAT BY PUTTING THEM IN SINGLE CORRIDORS, LAND WILL BE SAVED INSTEAD OF PUTTING THEM IN SEPARATE CORRIDORS OF 200' WIDTH EACH. MR. FAIR DISTRIBUTED SOME PHOTOGRAPHS OF STEEL H FRAME STRUCTURES THAT SUPPORT ,THE CONDUCTORS AND WHICH WILL BE SIMILARLY BUILT IN THIS PROJECT. MR. FAIR THEN DISPLAYED A MAP OF THE ELECTRIC SYSTEM OF THE STATE OF FLORIDA AND EXPLAINED WHY THIS TRANSMISSION PROJECT IS NECESSARY. HE CONTINUED THAT IT WILL ESTABLISH A CONNECTION BETWEEN THE NORTH CENTRAL AREA OF FLORIDA AND THE SOUTHEAST AREA, ENABLING FLORIDA POWER & LIGHT TO REINFORCE AND SUPPLEMENT THEIR CAPACITY IN A NORTH - SOUTH DIRECTION. MR. FAIR STATED THAT IN THE MID-1980S FLORIDA POWER & LIGHT FORESEES A SERIOUS SHORTAGE OF CAPACITY TO MOVE SUFFICIENT POWER THROUGH THESE LINES - THERE COULD BE A SERIOUS PROBLEM AND WOULD AGGRAVATE POTENTIAL BLACKOUTS. MR. FAIR THEN STATED THAT THE DRI PROCESS CALLS FOR A REGULAR REVIEW FOR IMPACT, AND THEN SUBMITTED THE REPORT OF THE TREASURE COAST REGIONAL PLANNING COUNCIL, WHICH IS ON FILE IN THE OFFICE OF THE CLERK. 25 FEB 21979 BOOK 39 PAGE 106 u MR. FAIR NEXT READ FROM EXHIBIT #2, AN EXCERPT FROM SECTION 25 OF THE INDIAN RIVER COUNTY CODE,'AS FOLLOWS: "ESSENTIAL SERVICES - ESSENTIAL SERVICES.SHALL BE PERMITTED IN ANY DISTRICT, AS AUTHORIZED AND REGULATED BY LAW AND RESOLUTIONS OF INDIAN RIVER COUNTY, IT BEING THE INTENTION HEREOF TO EXEMPT SUCH ESSENTIAL SERVICES FROM THE APPLICATION OF THIS ORDINANCE EXCEPT THAT ALL BUILDINGS OR STRUCTURES TO BE LOCATED IN RESIDENTIAL DISTRICTS SHALL BE SUBJECT TO SITE PLAN APPROVAL." MR. FAIR CONTINUED THAT DEVELOPMENT IS NOT INTERFERED WITH AND IS NOT INCONSISTENT WITH THE ACHIEVEMENTS OF THE OBJECTIVES OF THE STATE DEVELOPMENT PLAN, AND THIS IS NOT LOCATED IN AN AREA WHERE CRITICAL SAFETY IS CONCERNED. HE THEN DISCUSSED FACTORS WHICH LED TO THE SELECTION OF THE PROPOSED ROUTE AND DISPLAYED A MAP, GIVING AN OVERVIEW OF THE ENTIRE PROJECT." PIR. FAIR REPORTED THAT THEY INTEND TO UTILIZE A PORTION OF A RIGHT-OF-WAY IN ST. LUCIE COUNTY;AND THE ST. .JOHNS MARSH AREA IS CONSIDERED TO BE THE MOST SIGNIFICANT FROM AN ENVIRONMENT AND CONSTRUCTION STANDPOINT AND WHICH WOULD PRESENT PROBLEMS WERE THEY TO TRY TO DIVERSE IN AN EAST -WEST DIRECTION. -HE CONTINUED THAT THE MAP SHOWED LANDS OWNED BY THE ST, JOHNS RIVER WATER MANAGEMENT DISTRICT AND FLOOD AREAS SUBJECT TO THEIR MANAGEMENT, MR. FAIR +COMMENTED THAT THE OVERLAY SHOWED BULL CREEK WILDLIFE MANAGEMENT AREA IN OSCEOLA COUNTY AND THERE WERE SEVERAL AREAS THAT WERE CRITICAL AS THEY WERE THE HABITAT OF THE FLORIDA EVER- • GLADES PIKE AND THE DUSKY SEASIDE SPARROW. HE THEN ADVISED THERE WAS ONE -SUCH AREA IN INDIAN RIVER COUNTY AND EFFORTS WERE DIRECTED TO TRY TO GO WEST OF THE ST. .JOHNS MARSH IN ORDER TO AVOID THE SEVERE ENVIRONMENTAL CONSTRAINTS WITHIN THE MARSH, MINIMIZING THE LENGTH OF THE LINE AT THE SAME TIME. MR. FAIR STATED THE COST FOR THIS PROJECT IS $600,000 TO $700,000 A MILE FOR A SINGLE LINE AND WHERE THEY HAVE TWO LINES TOGETHER, THE LENGTH IS EVEN MORE CRITICAL AND THEN THE COST IS DOUBLED TO $1,200,000 TO $1,400,000 A MILE. -HE FURTHER REPORTED THAT THEY ARE USING SOUND ENGINEERING PRINCIPLES AND ARE MINIMIZING THE LENGTH DUE TO COST. MR. FAIR THEN SAID THE DRI PROCESS IS NOT A PROCESS THAT DEALS WITH 26 FEB 2 11979 BOOK 39 PAGE 10 7 . PRIVATE PROPERTIES. HE DISCUSSED EMINENT DOMAIN, WHICH PROVIDES FOR JUST COMPENSATION TO AN OWNER FOR THE USE OF HIS PRIVATE PROPERTY FOR THE RIGHT—OF—WAY, INCLUDING DAMAGES OCCURRED ON HIS PROPERTY OR ANY SEVERANCES. COMMISSIONER SIEBERT, WHO IS A MEMBER OF THE TREASURE COAST REGIONAL PLANNING COUNCIL, ASKED IF THE BOARD IS SUPPOSED TO APPROACH THE LOCAL REVIEW OF THE DRI FROM A REGIONAL STANDPOINT OR STRICTLY FROM A COUNTY STANDPOINT. PIR. FAIR FELT IT WOULD BE FROM A REGIONAL STANDPOINT, SINCE LOCAL REVIEW IS SUPPOSED TO BE BASED ON THE REGIONAL FINDINGS AND REC— OMMENDATIONS. HE CONTINUED THAT OBVIOUSLY, THEY ARE HERE BEFORE THE BOARD SEEKING THEIR APPROVAL AS THERE IS BOUND TO BE LOCAL CONCERN. COMMISSIONER SIEBERT ASKED WHAT TOOK PLACE AT THE MEETING IN ST: LUCIE COUNTY YESTERDAY. MR, FAIR COMMENTED THAT THERE IS AN EXTENSIVE AMOUNT OF GROVE AREAS IN THAT COUNTY,AND GROVE OPERATORS AND OWNERS WERE CONCERNED THAT THIS TRANSMISSION PROJECT WOULD INTERFERE WITH AERIAL SPRAYING, AND THIS QUESTION WAS NOT RESOLVED AT THE HEARING.e HE CONTINUED THAT THE ISSUE WAS NOT THAT THE TRANSMISSION LINES WERE THERE BUT WHERE THEY WERE LOCATED WITH RESPECT TO THE GROVES AND THEY ARE GOING TO WORK OUT SOME SORT OF A COMPROMISE SOLUTION,�TO THAT PROBLEM. HE EXPLAINED THAT THEY SPAN OVER THE TOP OF THE TREES AND LEAVE THEM IN THE RIGHT—OF—WAY, EXCEPT FOR A FEW AROUND THE STRUCTURES; THEY SEE THE GROVES AS VERY COMPATIBLE ' MULTIPLE USE OF THE RIGHT—OF—WAY AND VERY BENEFICIAL. MR. FAIR THEN DISPLAYED A MAP FROM THE WATER MANAGEMENT DISTRICT WHICH SHOWS A SOUTHWARD EXTENSION OF THE CONSERVATION AREA THEY NOW OWN AND THEY ARE NOW ACQUIRING PROPERTY THERE WITH A VIEW TOWARD FLOODING AT VARIOUS TIMES OF THE YEAR FOR WATER MANAGEMENT PURPOSES. HE CONTINUED THAT THEY WILL FLOOD IT UP TO A-30' CONTOUR LINE AND THE MANAGEMENT `L DISTRICT FELT IT WAS NOT FEASIBLE FOR FLORIDA POWER & LIGHT TO LOCATE A TRANSMISSION LINE WITHIN THAT FLOODING AREA. MR. FAIR STATED THAT THEY HAVE GONE AROUND THIS CONSERVATION AREA AND HAVE AMENDED THEIR APPLICATION TO REFLECT THAT CHANGE; AFTER IT HAD BEEN SUBMITTED TO•LOCAL GOVERNMENTS AND THE REGIONAL PLANNING COUNCIL. 27 FEB 2 1 1979 BOOK 39 PAGE 108 I m COMMISSIONER SIEBERT ASKED IF A REALIGNMENT IN ST. LUCIE COUNTY WOULD AFFECT INDIAN RIVER COUNTY AND MR. FAIR REPLIED NEGATIVELY, AS THEY -ARE TRYING TO MAINTAIN SOME SEMBLANCE OF ORDER AND _WANT TO ENTER INDIAN RIVER COUNTY AT THE SAME POINT. COMMISSIONER SIEBERT EXPRESSED CONCERN ABOUT THE INDIVIDUAL PROPERTY OWNERS WHO WOULD BE NEGOTIATING WITH FLORIDA POWER & LIGHT FOR THEIR RIGHTS—OF—WAY, AND MR. FAIR AGREED THAT THERE IS CERTAINLY A RIGHT OF ANY OWNER AFFECTED BY THIS PROJECT TO BE HEARD. COMMISSIONER SIEBERT ASKED ABOUT THE METHOD OF COMPENSATION USED, PARTICULARLY TO OWNERS OF YOUNG GROVES — HOW IS THE VALUE PLACED ON IT? MR, FAIR RESPONDED BY STATING THAT CHAPTER 73 OF THE FLORIDA CONSTITUTION SETS UP A PROCESS ACHIEVING JUST COMPENSATION AND PART OF THE PROCESS INVOLVES FEES FOR APPRAISERS IN ORDER TO HAVE A FAIR APPRAISAL PRESENTED TO THE COURT. HE CONTINUED THAT ANY DAMAGES THAT ARE PROVABLE AS A RESULT OF THIS PROJECT RECEIVE AN AWARD. ARLON MCCARTY, MANAGER, FLORIDA,POWER & LIGHT, APPROACHED THE BOARD AND STATED THAT THIS WOULD PROBABLY BE COMPENSATED ON A NON— PRODUCING GROVE BASIS. HE ALSO STATED THAT IF IT WERE A PRODUCING GROVE, IT WOULD DEMAND A HIGHER MARKET VALUE. MR. MCCARTY•CONTINUED THAT INVESTMENT IN A GROVE HAS.A LOT OF CONTINGENCIES'AND YOU WOULD NOT BE COMPENSATED ON A FUTURE INCOME THAT IS UNCERTAIN; IT IS COMPENSATED ON s A PAST INCOME VALUE. COMMISSIONER SIEBERT REPORTED THAT WHEN THEY COMPENSATE A UTILITY COMPANY, IT IS COMPENSATED ON POTENTIAL INCOME AS WELL. MR. MCCARTY EXPLAINED THAT BY HAVING AN INCOME STREAM THAT IS GUARANTEED BY A CONTRACT, YOU CAN CAPITALIZE ON IT BUT WHEN YOU ARE TALKING ABOUT GROVES AND FARMS, IT HAS A VALUE THAT IS NEBULOUS. HE FURTHER STATED THAT WHEN THE FREEZE WIPED OUT ORANGE GROVES RECENTLY, IT DID DESTROY THE INCOME STREAM AND IF YOU BOUGHT A GROVE NOW, IT WOULD BE A HIGHER VALUE THAN IT WAS SEVERAL YEARS AGO BECAUSE OF THE INCOME STREAM. COMMISSIONER LYONS ASKED WHAT GROVE AREA IN INDIAN RIVER COUNTY DOES THE TRANSMISSION LINE CROSS. 28 F E g 2 11979 39 excE l0 m MR. FAIR REPLIED THAT THERE IS A GROVE AREA, ABOUT 100 ACRES, SOUTH OF RT. 60 THAT IS CROSSED BY THE TRANSMISSION LINE. DISCUSSION FOLLOWED REGARDING THE PROPERTIES INVOLVED IN THIS COUNTY,AND PLANNER REDICK NOTED THAT MOST OF THE PROPERTIES WERE IN LARGE SECTIONS, MOSTLY IN PASTURE LAND, AND ONE GROVE.AREA TO THE SOUTHWEST. COMMISSIONER SIEBERT STATED THAT THE REGIONAL PLANNING COUNCIL RECOMMENDATION ALLOWED A DEVIATION OF 1000' OR GREATER AND IF IT INCREASES S% AN AREA THAT IS A GROVE OR WETLANDS, THAT ARE CROSSED BY THE RIGHT-OF- WAY, THE RPC CAN DETERMINE IF IT IS A SUBSTANTIAL DEVIATION. CHAIRMAN WODTKE EXPRESSED CONCERN OF THE PROBLEM OF DRAINAGE AND WATER RETENTION AND ASKED FOR AN EXPLANATION OF FPL's WILLINGNESS TO COMPLY WITH THE NECESSARY PERMITTING REQUIREMENTS. HE FELT THE PROPERTY OWNERS WANT TO KNOW WHAT EFFECT IT WILL HAVE ON THEIR PROPERTY WHEN THE CULVERTS ARE PUT IN. HE ALSO ASKED WHAT INPUT, ON THE LOCAL LEVEL, WILL WE HAVE TO INSURE THAT THE DRAINAGE IS PROPER. MR. FAIR EXPLAINED THAT TRANSMISSION LINES OF THIS TYPE ARE NOT PERMITTED UNDER CHAPTER 403 BUT UNDER CHAPTER 373, THEY ARE PERMITTED, WHICH ALLOWS THE WATER MANAGEMENT DISTRICT TO SPECIFY SIZE AND LOCATION OF CULVERTS. HE CONTINUED THAT THEIR STANDARD PRACTICE IS TO UTILIZE CULVERTS AND TO HAVE NO INTERFERENCE WITH DRAINAGE, CTHERWISE WATER WOULD BACK UP ON THE ROADS. MR, FAIR EMPHASIZED THEY WANTED ALL THE DRAINAGE SYSTEMS TO CONTINUE. RALPH EVANSON, ENGINEER, APPEARED BEFORE THE BOARD AND STATED THAT THE NORMAL PRACTICE OF FLORIDA POWER & LIGHT, IN PREPARATION OF THE RIGHT-OF-WAY, IS TO REVIEW THE WHOLE AREA THEY ARE CROSSING AND THEN THEY CULVERT THEM WITH THE CULVERT THAT IS APPROPRIATE FOR THE AMOUNT OF WATER FLOW. HE CONTINUED THAT IF THEY CROSS THE CANAL, THEY GET TOGETHER WITH THE FLOOD CONTROL MANAGER TO FIND OUT WHAT CULVERT TO USE FOR THEIR PROJECTED WATER FLOW. MR. EVANSON COMMENTED THAT THEY DO NOT CROSS MAJOR DITCHES AND IF THERE IS A LARGE CANAL, THEY BUILD UP TO IT AND GO AROUND FROM ANOTHER DIRECTION. HE CONCLUDED BY STATING THEY HAVE TO BE ABLE W 39 faullu TOGO INTO THE LAND TO BUILD THE TRANSMISSION LINE, THEN MAINTAIN IT IF NECESSARY; THEY DO NOT BLOCK THE FLOW OF WATER TO ANY IRRIGATION SYSTEMS, CHAIRMAN WODTKE NOTED THAT THE ROAD ITSELF COULD CREATE A DRAINAGE PROBLEM FOR THE PROPERTY OWNER AND ASKED HOW THIS IS NEGOTIATED WITH THE PROPERTY OWNER. MR. FAIR GAVE THE FOLLOWING THREE EXAMPLES AND HE REFERRED TO A "SHEET FLOW OF WATER," A TERM USED IN THE INDUSTRY. I. IF A PROPERTY OWNER HAS DRAINAGE PROBLEMS HE I'S AWARE OF AT THE TIME THE RIGHT-OF-WAY ACQUISITION IS BEING DONE, THERE ARE STIPU- LATIONS THAT CAN BE PUT IN TO DETERMINE EQUITABLE CULVERTING TO EQUALIZE THE FLOW OF WATER ACROSS HIS PROPERTY. 2. IF THE PROPERTY OWNER DOESN'T KNOW THAT HE HAS A PROBLEM AND IF THE ENGINEER SEES THAT THERE MIGHT BE A UNIQUE FLOW OF WATER, HE WILL THEN CALL FOR EQUALIZATION CULVERTS. 3. IF THERE DIDN'T APPEAR TO BE A PROBLEM AND THE ENGINEER DIDN'T SEE ONE AND THEN LATER THERE IS WATER IMPOUNDMENT, THEN THEY PUT IN EQUALIZATION CULVERTS AS NECESSARY. MR. FAIR STATED THAT IT IS NOT THEIR INTENT TO FLOOD ANYBODY'S PROPERTY AND WILL CORRECT THE SITUATION IF IT DOES OCCUR; THEY WILL COME IN FOR MAINTENANCE OF ROADS IF NECESSARY. COMMISSIONER SIEBERT THEN ASKED IF FLORIDA POWER & LIGHT WOULD PROVIDE METHODS FOR IRRIGATING FOR THE SIDE OF THE GROVE THAT MIGHT BE CUT OFF FROM THE FLOW WELL. MR. EVANSON COMMENTED THAT PROPERTY OWNERS ALWAYS HAVE THEIR OWN MEANS OF INGRESS AND EGRESS AND THEY TRY TO NEGOTIATE WITH THE PROPERTY OWNER TO UTILIZE HIS EXISTING ROADS SO THEY WILL NOT HAVE TO BUILD THE ROAD. HE CONTINUED THAT STRUCTURES WILL BE PLACED SO AS NOT TO BLOCK EXISTING CANALS AND WILL SPAN OVER THE TOP OF THE.AGRICULTURE, UTILIZING THE EXISTING ROAD. MR. EVANSON SAID THAT THEY DO NOT BUILD A ROAD,.JUST USE THE PROPERTY OWNERS ROAD, THEREBY NOT DISRUPTING HIS DRAINAGE SYSTEM OR'ROAD SYSTEM. 30 I COMMISSIONER SIEBERT INTERJECTED THAT IN SOME CASES IT MAY BE NECESSARY TO CROSS THE RIGHT-OF-WAY IN ORDER TO IRRIGATE THE OTHER SIDE OF THE PROPERTY AND IF THE RIGHT-OF-WAY GOES DOWN HIS ROAD, WILL THEY PROVIDE A METHOD SO THE PROPERTY OWNER CAN CROSS THE ROAD TO IRRIGATE? MR. MCCARTY RESPONDED STATING THAT WHAT THEY ARE TAKING IS AN EASEMENT AND THE LANDOWNERS STILL OWN THE UNDERLYING PROPERTY AND STILL HAVE RIGHTS WITHIN THAT RIGHT-OF-WAY. DISCUSSION WAS THEN HELD REGARDING THE MAPS OF THE COUNTY TO INDICATE THE ROUTE OF THE TRANSMISSION LINE AND COMMISSIONER LOY EXPRESSED CONCERN THAT THE PROPERTY OWNERS DID NOT HAVE ACCESS TO THESE MAPS, COMMISSIONER LOY ASKED IF FLORIDA POWER & LIGHT WOULD CONSIDER GOING AROUND THE GROVE NEAR THE FORT DRUM AREA INSTEAD OF GOING THROUGH IT. MR. FAIR STATED THAT HE DIDN'T REALIZE GROVES WOULD CREATE SUCH A PROBLEM UNTIL THEY HAD MADE THEIR ROUTES. HE CONTINUED THAT AN ADJUST= i MENT CAN BE MADE TO DEVIATE 1000'; THESE STRUCTURES ARE 1/4 MILE APART AND, THEREFORE, THEY CAN GET A LARGE SPAN, COMMISSIONER Loy ASKED WHY THEY DID NOT USE THE RIGHT-OF-WAY THAT BELONGS TO THE FLORIDA TURNPIKE IN CERTAIN AREAS? MR, FAIR STATED THAT THEY WERE TOLD NOT TO PARALLEL HIGHWAYS BY THE DEPARTMENT OF THE INTERIOR AS A T WOULD CAUSE VISUAL POLLUTION. HE FURTHER COMMENTED THAT THEY HAVE BEEN FOLLOWING FEDERAL GUIDELINES WHICH STATE THAT HAVING STRUCTURES ADJACENT TO THE ROAD WOULD BE A HAZARD TO MOTORISTS. PLANNER REDICK NOTED THAT INTERSTATES AND MAJOR ROADS BECOME A VISUAL CORRIDOR FOR AIRCRAFT AND THE POWER LINES WOULD BECOME A HAZARD FOR THE AIRCRAFT. COMMISSIONER LOY'THEN DISCUSSED THE QUESTIONS THAT WERE_RAISED IN ST. LUCIE COUNTY YESTERDAY AND WONDERED HOW LONG IT WOULD TAKE FLORIDA POWER & LIGHT TO RESEARCH THE ALTERNATE ROUTES THAT WERE PROPOSED. MR. FAIR FELT THIS COULD BE HANDLED .WITHIN A MONTH OR SO AS THEY DO HAVE A CRITICAL TIME SCHEDULE TO FOLLOW; THEY ARE SCHEDULED TO ATTEND A COMMISSION MEETING IN ST, LUCIE COUNTY ON MARCH 13, 1979. 31 I CHAIRMAN WODTKE THEN ASKED IF THERE WAS ANYONE IN THE AUDIENCE WHO WISHED TO SPEAK. KENNETH PRINCE, VERO BEACH, APPROACHED THE BOARD AND EXPRESSED CONCERN ABOUT THE DRAINAGE ON RT, 60 NOT BEING ADEQUATE. MR. PRINCE NOTED THE TRANSMISSION LINES WILL GO DIAGONALLY ACROSS HIS GROVE, WHICH HE DID NOT CARE FOR; HE PREFERS THEY WOULD GO STRAIGHT ACROSS INSTEAD. HE FURTHER SUGGESTED FLORIDA POWER & LIGHT CHECK WITH THE WATER CONTROL AT THE POINT WHERE THEY ARE ANTICIPATING CROSSING RT. 60 AS THERE IS AN ACCUMULATION OF WATER MOST PEOPLE OVERLOOK UNTIL IT RAINS. REESE KESSLER, DEPARTMENT OF ENVIRONMENTAL REGULATIONS, CAME BEFORE THE BOARD FOR CLARIFICATION OF CHAPTER 403 REGARDING EXEMPTIONS OF THE INSTALLATION OF POWER TRANSMISSION LINES. HE CONTINUED THAT SOME OF THESE STRUCTURES WILL BE CROSSING ST. JOHNS, FT. DRUM CREEK AND BLUE CYPRESS CREEK AND WILL ACTUALLY CUT INTO THE WATERS OF THE STATE, HE CONTINUED THAT UNLESS THERE HAS BEEN SOME SPECIAL TYPE OF LEGISLATION IN THE PAST YEAR, WILL THESE CULVERTS BE PLACED IN ONE OF THESE WATER BODIES OR SOME DRAINAGE DITCHES FOR ROAD,ACCESS OR CULVERTS? MR. FAIR STATED THAT THEY DO NOT INTEND TO PUT ANY STRUCTURES INTO CREEKS AND WILL BE SPANNING OVER THE ST. .JOHNS MARSH AREA. HE CONTINUED THAT IN CROSSING A CREEK, THEY COME IN ON BOTH SIDES, SPAN OVER THE CREEK, WITHOUT HAVING AN ACCESS ROAD. MR. FAIR SAID THERE IS A 1300' SPAN BETWEEN TOWERS TO CET ACROSS THE CREEK AND THEY WILL ATTEMPT s TO USE ANY EXISTING ROADS IF POSSIBLE. SHERMAN SMITH, JR., REPRESENTING CIGARETTE RANCH, APPROACHED THE BOARD AND STATED THIS RANCH IS LOCATED IN THE NORTHWEST CORNER OF THE COUNTY. THE OWNERS WOULD PREFER THERE WOULD NOT BE ANYTHING LIKE THIS ON THEIR PROPERTY BUT REALIZE THAT IT MUST BE PLACED SOMEWHERE. HE CONTINUED THAT HE IS CONCERNED ABOUT THE CORRIDOR AND HOW DEFINITE IT IS; WHERE IS IT GOING TO BE, AND HOW MANY VARIABLES DO WE KNOW THERE WILL ULTIMATELY BE BETWEEN WHAT IS SAID TODAY AND THE ACTUAL CONSTRUCTION? MR. FAIR COMMENTED THAT THEY HAVE INDICATED TO ALL THE AGENCIES THAT THEY SHOULD*HAVE A LITTLE FLEXIBILITY TO DETERMINE THE FINAL CENTER LINE OF THIS TRANSMISSION RIGHT—OF—WAY. HE CONTINUED THAT SINCE THE SURVEYING HAS NOT BEEN DONE OR ANY LEGAL DESCRIPTIONS HAVE NOT BEEN PRE— PARED, NEGOTIATIONS HAVE NOT YET BEEN HANDLED WITH THE PROPERTY OWNERS. Ufa 39 PAGE M FEB 2 11979 � � MR.'FAIR FELT THEY MIGHT HAVE TO ADJUST THE CENTER LINE, AFTER FIELD INSPECTIONS. HE FURTHER STATED THAT THEY ARE BOUND BY EVERYTHING THAT -THEY SAY HERE TODAY AND WHAT IS IN THEIR APPLICATION - THEY ARE GOING TO LIVE BY IT. ATTORNEY COLLINS ASKED IF THE BLUE MAPS ARE TO BE MADE A PART OF THE RECORD AND MR. FAIR STATED THEY COULD BE REDUCED AS AN EXHIBIT IF HE DESIRED. • MR. FAIR THEN READ RECOMMENDATION #2 FROM THE ASSESSMENT REPORT OF THE TREASURE COAST REGIONAL PLANNING COUNCIL. ATTORNEY SMITH QUESTIONED WHETHER THE BOARD WILL HAVE A CHANCE TO REVIEW THE CHANGES OR ARE THEY GIVING FINAL APPROVAL NOW AND DEPARTING OF LOCAL CONTROL TO RELY SOLELY ON THE REGIONAL PLANNING COUNCIL. MR. FAIR STATED THAT THEY ARE SEEKING APPROVAL BY AND FROM THE COUNTY SUBJECT TO WHATEVER CONDITIONS THE COUNTY WISHES TO IMPOSE. HE CONTINUED THAT IF THERE ARE SUBSTANTIAL DEVIATIONS, THEY WOULD GO BACK FOR ADDITIONAL REVIEW BUT THIS DOES NOT AFFECT THE RIGHTS OR RESPONSI- BILITIES OF THE LOCAL GOVERNMENT FROM ALSO LOOKING AT IT TO DETERMINE IF THERE IS A DEVIATION. COMMISSIONER SIEBERT STATED THAT IF THERE IS A DEVIATION OF MORE THAN 1000, IT MAY REQUIRE FULL REVIEW OF THE BOARD. COMMISSIONER LOY ASKED IF IT WAS OUR RESPONSIBILITY TO MONITOR THIS PROJECT TO SEE WHETHER IT DEVIATES TOO MUCH. ATTORNEY COLLINS INTERJECTED THAT IT IS OUR RESPONSIBILITY TO PUt THEM ON NOTICE AND CALL FOR A HEARING. HE CONTINUED THAT THE BOARD SHOULD REVIEW WHAT HAS RECENTLY BEEN SUBMITTED AND PERHAPS GIVE COUNSEL AN OPPORTUNITY TO REVIEW IT PRIOR TO FINAL DETERMINATION. DISCUSSION FOLLOWED WHETHER OR NOT IT WOULD BE BETTER FOR THE BOARD TO WAIT FOR FLORIDA POWER & LIGHT TO FINISH WITH ST. LUCIE COUNTY REGARDING DIFFERENT ROUTES. MR. FAIR STATED THAT THEY WOULD LIKE TO GET THROUGH THE PROCESS AND START THE BUILDING OF THE LINES AND THEY WOULD LIKE TO HAVE SOME INDICATION FROM THE BOARD WITHOUT HAVING IT CONTINGENT ON WHAT IS HAPPENING ELSEWHERE. HE FURTHER COMMENTED THAT IF EACH COUNTY MADE THEIR DETERMINATION CONTINGENT ON ANOTHER COUNTY; THEY WOULD BE GOING AROUND IN CIRCLES. 33 s 9 pAcE FEB -2 11979 e CHAIRMAN WODTKE ASKED IF THEY DID NOT WANT TO GO INTO OKEECHOBEE COUNTY, WHICH APPEARED TO BE THE SHORTEST DISTANCE. HE ALSO FELT THE ALIGNMENT COULD BE STRAIGHTENED OUT TO ELIMINATE THE PROBLEM WITH THE ENTIRE CITRUS AREA. MR. FAIR COMMENTED THEY COULD ADJUST THE CENTER LINE TO HAVE LESS OF AN EFFECT ON THE CITRUS AREA,AND IF THE BOARD WOULD PREFER TO GIVE THEM A LITTLE LATITUDE IN THAT REGARD, THEY.WOULD ACCEPT THAT AS A CONDITION OF THE BOARDS APPROVAL. HE REITERATED THAT NOTHING WOULD PREVENT THE BOARD FROM ASKING THEM TO TAKE ANOTHER LOOK AT THAT AREA, AND THEY WOULD ADJUST IT TO MINIMIZE THE AFFECT ON THE CITRUS AREA. THE CHAIRMAN ASKED IF THERE WAS ANYONE ELSE WHO WISHED TO SPEAK. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THAT THE BOARD DEFER A DECISION ON THE DEVELOPMENT ORDER SO AS TO GIVE THE ADMINISTRATIVE PERSONNEL AN OPPORTUNITY TO REVIEW THE DEVELOP- MENT ORDER AND MAKE ANY NECESSARY REFINEMENTS.' COMMISSIONER Loy COMMENTED THAT THIS COUNTY HAS NEVER ISSUED A DEVELOPMENT ORDER AND SINCE THIS IS ALL VERY NEW, THE BOARD SHOULD TAKE THEIR TIME TO BE SURE THEY CONSIDER ALL THE PERTINENT INFORMATION. CHAIRMAN WODTKE NOTED THAT THE ATTORNEY SHOULD REVIEW THE DEVELOPMENT ORDER AND THE BOARD CAN REFINE IT; THIS IS NOT A DENIAL OF THE PROJECT IN ANY WAY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE BOARD THEN ADJOURNED AT 12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. CHAIRMAN WODTKE STATED THAT MR. JENNINGS HAS ARRANGED FOR AN INTERVIEW WITH A REPRESENTATIVE OF KUNDE, DRIVER, SIMPSON & ASSOCIATES, INC. TO DISCUSS THE SUPERVISION OF THE PROPOSED CONSTRUCTION ON BARBER AVENUE. F E B 211979 34 nin BOOK PAGE 115 ADMINISTRATOR JENNINGS COMMENTED THAT THEY ADVERTISED, ACCORDING TO THE REGULATIONS, AND RECEIVED ONE OR TWO CALLS AND ONLY ONE LETTER OF INTEREST FROM KUNDE, DRIVER, SIMPSON & ASSOCIATES, INC., WHO ALREADY HAVE MEN WORKING IN THIS AREA DOING ROAD PROJECTS FOR THE STATE. HE -EXPLAINED THAT FOR MOST LARGE COMPANIES, THIS JOB IS NOT OF THE MAGNITUDE TO WARRANT MOVING THEIR PERSONNEL INTO THE AREA. MR. JENNINGS THEN INTRO- DUCED MR. BEN C. SIMPSON, WHO IS THE FORMER DOT DISTRICT ENGINEER, AND HIS ASSOCIATE, .JOHN SAXON. MR. SIMPSON APPROACHED THE BOARD AND STATED HE WAS CONCERNED ABOUT GIVING THE KIND OF PROTECTION THE COUNTY NEEDED AT A COST IT COULD AFFORD. HE STATED THAT .JOHN SAXON, WHO HAS RETIRED AFTER 31 YEARS WITH THE DOT, WOULD BE WORKING WITH THEM ON A PART TIME BASIS, AND IF SELECTED BY THE COUNTY FOR THIS PROJECT, WOULD ADMINISTER THE CONSTRUCTION CONTRACT. MR. SIMPSON EXPLAINED THAT HE RAN A COST ESTIMATE OF APPROXIMATELY $400,000, ANTICIPATING THE ADMINISTRATIVE COST WOULD BE ABOUT 7o TO 8%. CHAIRMAN WODTKE ASKED IF MR. SIMPSON WOULD BE ABLE TO ANALYZE THE INFORMATION PROVIDED BY MR, JENNINGS 4ND GIVE THE BOARD A TIME SCHEDULE,,AND FINALIZE A WRITTEN CONTRACT WITHIN TWO WEEKS IN ORDER THAT THE BOARD COULD HAVE A PROJECTION OF A BID DATE, AND MR. SIMPSON REPLIED AFFIRMATIVELY. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THAT THE BOARD REQUEST KUNDE, DRIVER, SIMPSON & ASSOCIATES, INC. TO PRESENT A PROPOSAL TO THE COUNTY LEADING TO THE ACTUAL CONSTRUCTION OF BARBER AVENUE: PREPARATION OF THE CONTRACT DOCUMENTS, EVALUATING OF THE BIDS, AND THE ACTUAL SUPERVISION OF THE PROJECT. DISCUSSION FOLLOWED AND IT WAS DECIDED THAT MR. SIMPSON WOULD GIVE THE BOARD A PROPOSAL FOR PROFESSIONAL SERVICES TO ACCOMPLISH CON- STRUCTION OF BARBER AVENUE AS SOON AS POSSIBLE. '•� THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 35 BOOK 39 PAGE116 PLANNER REDICK APPROACHED THE BOARD AND PRESENTED HIS REPORT ON SAN SEBASTIAN SPRINGS, WHICH IS HEREBY ATTACHED, CONCERNING THE EFFECT OF FILLING LAND UP AND DOWN THE SEBASTIAN RIVER. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WOOTKE. JR.. Chairman ALMA LEE LOY. Vice Chairman WILLIARD W. SIEBERT. JR. R. DON DEESON PATRICK B. LYONS JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 February 19, 1979 MEMO T0: Board of County Commissioners FROM: Stan Redick, Planning Pkning Director SUBJECT: San Sebastian Highlands and Filling of Land in the Sebastian Raver Floodplain This report is designed to inform the Board (1) of the situation in the Sebastian River Floodplain, (2) of the existing regulations affecting fill within the floodplain, (3) the potential danger of such fill and (4) possible regulations needed by the county to control filling of land in floodplain areas. The official floodplain shown by the Flood Protection Maps of HUD shows a 6' flood elevation in the north portion of the Sebastian River and a 5' elevation • in the upstream reaches. San Sebastian Highlands is in this latter area. These Floodplain Maps are based, however, on a hurricane surge and if a heavy rainfall came in association with the hurricane surge, upstream flood elevations would probably be higher. Exact elevations cannot be determined without hydrological studies. Telephone conversations with possible regulatory agencies resulted in the deter- mination that neither the Corps of Engineers, the Fla. Dept. of Environmental Regulation, nor the St. Johns River Water Management District will regulate or require permits for the filling of land in the Sebastian River area if such fill is above the mean high water level. ` There are two major problems which may result from filling of a floodplain. These are (1) increase in the flood elevation and (2) sedimentation of the down- stream area. Thus such fill could increase the flood hazard of the stream and degrade the quality of water in both the Sebastian and .Indian Rivers. Filling of land in a floodplain creates a constriction to flow of flood waters 36 K e�9 PAGE l Board of County Commissioners February 19, 1979 Page -2- and any constriction increases the elevation of the flood waters in an'amount. proportionate to the reduction of the cross sectional area. 0".- '44, ..». .,. Normal Stream Flood Same Flood With Fill Many local governments restrict the amount of fill allowed in a floodplain to that which is proven by engineering studies to have no appreciable increase in the 100 year flood elevation. Others simply establish a flood zone in their Zoning Ordinance which prohibits filling or general development within the deter- mined floodplain area. In the case of the Sebastian River, constriction of tidal flow could create higher water levels at high tide downstream from the fill area. This would probably be of a minimal nature because of the small difference in tides in this area. Water quality can be severely degraded by.filling of floodplains if run-off and erosion are not carefully controlled. Fill dirt, being relatively uncompacted, tends to erode easily and is particularly vulnerable to heavy rains or floods before vegetation has properly taken root. This results in sedimentation problems downstream where the velocity of flow slows and soil particles drop out of the stream flow. Enough fill and erosion can eventually fill a stream, river or lake to the point that swimming, fishing and other useful functions become unsuitable. Many governments control this degradation of water quality by ordinance requiring permitting of any dredge or fill operation and restricting the amount of sediment which may flow to the river, Regulations may .require settlement ponds, sediment barriers, bulkheads or other control devices during the construction of fill stage and after completion of the project. Usually, the amount of sediment in run-off going to the stream is limited. by a standard measurement of turbidity. The Sebastian River is the only stream in the eastern portion of Indian River County which would be affected in flood levels by filling. There are areas in the west though which could be significantly affected by filling. In terms of water quality, however, filling or grading anywhere near the Indian or Sebastian Rivers or tributory canals - can significantly influence water quality. Although existing county ordinances do not appear to control fill, staff does recommend adoption of ordinances to establish sedimentation and floodplain stan- dards designed to eliminate flood and water quality problems from filling and grading of land. SR: jt PLANNER REDICK EXPLAINED THAT TWO MAJOR THINGS HAPPEN WHEN FILLING IN A FLOOD PLAIN AREA: IF YOU RESTRICT THE FLOW OF WATER THROUGH THE FLOOD PLAIN AREA, YOU INCREASE THE FLOOD LEVEL; AND IF YOU BUILD IT UP AND CONSTRICT IT DOWN TO THE CHANNEL ITSELF, YOU ARE GOING TO RAISE THE ELEVATION OF FLOOD AREA. HE CONTINUED THAT UNLESS THE FILL SITUATION IS CAREFULLY CONTROLLED, A GREAT DEAL OF SEDIMENT WILL GET INTO THE STREAM, 37 FEB 2 11979 Bou 39 PAGE 1.1.8 I I m AS"SOFT SOIL GENERALLY ERODES MORE •RAPIDLY. MR. REDICK CONCLUDED THAT HE STRONGLY RECOMMENDS THAT WE HAVE AN ORDINANCE THAT WOULD ESTABLISH STANDARDS DESIGNED TO ELIMINATE FLOOD AND WATER QUALITY PROBLEMS. COMMISSIONER SIEBERT QUESTIONED HOW THE COURSE OF THE RIVER WOULD BE AFFECTED IF THERE WASA HIGH TIDAL CONDITION. PLANNER REDICK REMARKED THAT IT WOULD SIMPLY RAISE THE FLOOD LEVEL; IT DOES NOT CHANGE THE CONFIGURATION OF THE RIVER. HE CONTINUED THAT THIS WOULD INCREASE THE FLOOD POTENTIAL BUT COULD NOT DETERMINE TO WHAT EXTENT WITHOUT A HYDROGRAPH. ATTORNEY COLLINS STATED THAT THE BOARD ESTABLISHED A CRITERIA FOR CERTAIN RESTRICTIONS TO BE PLACED ON THE PROPERTY}AND THE DEVELOPER'S FEELINGS WERE THAT THE BOARD'S RESTRICTIONS WERE UNREASONABLE. HE CON- TINUED THAT THE BOARD HAS NOW HEARD THE REPORT OF THE PLANNING DEPARTMENT AND THEY CAN MAKE THE DECISION TO EITHER MODIFY, AMEND, KEEP OR AVOID THEM ALTOGETHER. COMMISSIONER DEESON INQUIRED IF THERE WERE OTHER AREAS IN THIS COUNTY THAT MIGHT BE COMPARED TO THIS SITUATION. ATTORNEY COLLINS STATED THAT PLATS HAVE BEEN APPROVED IN THIS COUNTY WITHOUT ELEVATION REQUIREMENTSJBUT THERE IS NOTHING TO BE COMPARED TO THE SEBASTIAN RIVER AREA. K CHAIRMAN WODTKE NOTED THAT THERE MUST HAVE BEEN PLATS BELOW 5' THAT HAVE BEEN FILLED,AND ATTORNEY COLLINS REPLIED IN THE AFFIRMATIVE. COMMISSIONER LYONS AGREED THAT IT IS TO THE BENEFIT OF THE PUBLIC NOT TO FILL BELOW THE 5' LEVEL, AS THE PLANNING DEPARTMENT HAS STATED. PLANNER REDICK REPORTED'THAT FILLING SHOULD BE VERY CAREFULLY CONTROLLED AND 5' HAS BEEN DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM TO BE THE ZOO YEAR FLOOD EVALUATION. COMMISSIONER SIEBERT STATED THAT THIS MATTER HAS BEEN DISCUSSED AT VARIOUS LOCAL MEETINGS)AND THE ATTITUDE EXPRESSED WAS THAT THE BURDEN OF PROOF WAS ON THE DEVELOPER TO SHOW IT WOULD NOT HAVE AN ADVERSE AFFECT ON OTHER PROPERTIES. PLANNER REDICK MENTIONED WHAT THE FLOOD PLAIN ORD.INANCES ARE THE DEVELOPER MUST ADHERE TO: PROVE, BY ENGINEERING STUDIES, THAT THERE FEB 2.1 1979 U: WILL BE NO SIGNIFICANT INCREASE IN FLOOD LEVELS DURING A 100 YEAR FLOOD SITUATION; FILL WILL BE CONTROLLED SO AS NOT TO ERODE AWAY UNTIL IT HAS BEEN PROPERLY VEGETATED. COMMISSIONER DEESON EXPRESSED CONCERN ABOUT THE TIMING INVOLVED. HE NOTED THAT A DEVELOPER REACHES A CERTAIN POINT, IS STOPPED BY THE BOARD UNTIL A DECISION HAS BEEN MADE CONCERNING HIS PROBLEM, AND HE IS UNABLE TO CONTINUE WITH HIS PROJECT, DISCUSSION ENSUED REGARDING BUILDABLE LOTS IN SAN SEBASTIAN SPRINGS AND IT WAS DETERMINED THAT NOT MORE THAN 10% OR 15% OF THE ONE ACRE LOTS ARE BELOW THE 5' LEVEL; ONE LOT DID HAVE A SLOUGH IN IT, AND PLANNER REDICK AFFIRMED THAT EVERY ONE OF THE LOTS HAVE SUFFICIENT AREA ABOVE 5' IN ORDER TO BUILD A HOUSE. ATTORNEY COLLINS ASKED THE PLANNER IF A CONCLUSION HAD BEEN REACHED IN THE REPORT PREPARED IN THE PLANNING DEPARTMENT. PLANNER REDICK COMMENTED THAT IT DID NOT, PERTAINING TO SAN SEBASTIAN SPRINGS. HE FELT THIS IS A LEGAL QUESTION AND NOT A PLANNING QUESTION AND ALSO.THAT THE BOARD SHOULD ADOPT AN ORDINANCE TO CONTROL THE SEDIMENTATION. DISCUSSION FOLLOWED REGARDING THE RESTRICTIONS AND IT WAS DETERMINED TO LEAVE THEM ON TRE PLAT. CHAIRMAN WODTKE THEN ASKED THE PLANNER'TO SEND A COPY OF THE REPORT TO THE DEVELOPER. • COMMISSIONER SIEBERT CONCLUDED BY STATING THAT THE DEVELOPER COULD COME TO THE BOARD TO SHOW THE BOARD HOW IT WILL NOT HAVE AN ADVERSE EFFECT TO THE PROPERTY. 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: 39 FEB 2 11979 VERO BEACH PRESS -JOURNAL NOTI NOTICE IS HEREBY GIVEN that Published Weekly the Planning and Zoning Commission of Indian River County, Florida, Vero Beach, 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: COUNTY OF INDIAN RIVER: 1. That the Zoning Map be changed in order that he following described STATE OF FLORIDA property situated In Indian River County, Florida, to -wit: 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 The west �h of the south 1h of the southeast 1/4 of the southeast 1/4 of Section 4, Township 32 South, Range 39 East; less the at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being west 200' of the south %of the south 1h of the southeast 1/4 of the southeast 1/4 of Section 4, Township 32 south, 39 Ranhereof aJF for North W ete�beach Road R -o the W Said land lying and Ding in Indian River Florida. County, In the matter of / nd The north % of the northeast t/4 of the nor. theast v4, Section 9, Township 32 South, Range 39 East, Indian River County, Florida: And Begin at the southeast corner of Tr. 28 in Section 4, Township 32 South, Range In the Court, was pub- 39 East, run north 210' to P.O.B.: thence run east 2001; thence run north 100'; thence run west 200•; thence run south a distance of 100' to P.O.B., d lyingand being in 1 i 1 d lished in said newspaper in the issues of — C. C' ,tj� 7� Indian River CouSaid nty, Cory Be changed from A -Agricultural to R-1 Residential District. A public hearing in relation thereto at which Parties in interest and citizens Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Opportunityshall have an and be hearningd,will be Comm ssiond bysaid 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 County Commission Room, Indian River Coursda Courthouse, as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Vero Beach, Florida, y, January 11, 1979, at 7:30 P.M., for a period of one year next preceeding the first publication of the attached copy of adver- after which said public hearing in relation thereto 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- at which parties in interest and citizens shall have an opportunity to be heard tisement for publication in the said newspaper. , will be held by he Board of County ty Commissioners of Indian River County, Florida, In the County Com. Missio+ Mouse, Vero Floriida, Sworn to and subscribed before me this 1G day of r A.D.—� Beach, on Wednesday, February February 21,1979, at 2:00 o'clock P.M. Board of County Commissioners 09 irl Indian River County -- (Bins arraged By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman (Clerk of the Circuit Court, Indian River County, Florida) Dec. 22,24,197S. (seAu -------- THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO FLORIDA MINERALS COMPANY BY THE CLERK OF THE CIRCUIT COURT, AS REQUIRED BY FLORIDA STATUTE 125,66, 0 40 FEB 211979 39 pndA , � J I i" BOARD OF COUNTY COMMISSIONERS WILLIAM C. WOOTKE JA.. Chairman 7=. ALMA LEE LOY. Vice Chairman WLLIARD W. SIEBERT. JR. FL DON DEESON PATRICK E LYONS JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 January .15, 1979 a Florida Minerals Company, Division of Hobart Brothers Company P.O. Box 1600 Vero Beach, Florida 32960 Gentlemen: In compliance with Florida Statute 125.66, the following is a Notice of Public 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; The West 1/2 of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 32 South, Range 39 East; less the West 200' of the South 1/2 of South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 32 South, Range 39 East; and less also the South 30' thereof for North Winter Beach Road R/W. Said land lying and being in Indian River County, Florida. AND I The North 1/2 of the Northeast 1/4 of the Northeast 1/4 of { Section 9, Township 32 South, Range 39 East, Indian River County, Florida. AND Begin at the Southeast corner of.Tract 28 in Section 4 Township 32 South, Range 39 East, run North 210' to P.Q.B.; thence run east 200'; thence run North 100'; thence.run F E B 2 11979 41 c 39 PACE 122 Florida Minerals Company Page 2 January 15, 1979 West 2001;.thence run South a distance of 100' to P.O.B.; Said land lying and being in Indian River County, Florida BE CHANGED FROM A -AGRICULTURAL DISTRICT TO R-1 RESIDENTIAL 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, February 21, 1979, at 2:00 o'clock P.M. Sincerely, n 1��JX / Lz— Freda Wright Clerk of CC: Fred P. Briggs, District Manager PLANNER REDICK APPROACHED THE BOARD AND STATED THAT THE PROPERTY, WHICH IS MOSTLY VACANT WITH A FEW TREES, IS LOCATED ON NORTH WINTER BEACH ROAD ABOUT 600' EAST OF LATERAL G WITH A TOTAL AREA OF 28 w ACRES. HE CONTINUED THAT IT HAD BEEN ORIGINALLY ZONED AGRICULTURAL AS PART OF A PROPOSED MINING OPERATION BUT THIS HAD NOT BEEN DONE, AND THE OWNERS NOW REQUEST THAT IT BE REZONED BACK TO SINGLE FAMILY RESIDENTIAL IN ORDER TO BE DEVELOPED IN RESIDENTIAL LOTS. PLANNER REDICK NOTED THAT ONE PIECE OF PROPERTY, APPROXIMATELY 200' X 100' AND MARKED "X" ON THE MAP THAT HE DISPLAYED, WAS ADDED IN THE REZONING BY THE PLANNING AND ZONING COMMISSION. HE CONTINUED THAT THE FINDING OF FACT WAS THE PROPERTY IS CENTERED IN AN AREA THAT IS R-1 RESIDENTIAL.AND THE PLAN SHOWS LOW DENSITY THROUGHOUT THE AREA. PLANNER REDICK CONTINUED THAT THERE ARE y NO DRAINAGE PROBLEMS IN THE AREA AND NO SIGNIFICANT INFLUENCES ON TRANS- PORTATION IF IT WOULD BE DEVELOPED INTO SINGLE FAMILY RESIDENTIAL. HE STATED THAT, AS A -RESULT, THE PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDS THAT THE AREA BE CHANGED FROM A -AGRICULTURAL TO R-1 SINGLE FAMILY RESIDENTIAL. 42 F 39 PACE F E B 2 .x.1979 THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. FRED BRIGGS, MANAGER OF FLORIDA MINERALS COMPANY, STATED THAT HE WAS•PRESENT IN ORDER TO ANSWER ANY QUESTIONS THAT MIGHT ARISE. HE CONTINUED THAT SEVERAL PEOPLE WERE UNDER THE IMPRESSION THAT HOBART BROTHERS DIVISION WAS ATTEMPTING TO HAVE THE PROPERTY REZONED FOR MINING PURPOSES AND THEIR ONLY OBJECTION WAS THEY THOUGHT BIG DEEP HOLES WERE GOING TO BE DUG. HE ASSURED THEM THAT THE REZONING WAS FOR RESIDENTIAL PURPOSES, ATTORNEY COLLINS ASKED WHO OWNS THE PROPERTY DESIGNED AS "X" AND WAS ADVISED THAT MR. MCCULLERS DOES. THE ATTORNEY NOTED THAT MR, MCCULLERS, WHOSE LEGAL NOTICE WAS INCLUDED IN THE ADVERTISED LEGAL NOTICE, DID NOT RECEIVE A NOTICE OF THE PUBLIC HEARING. BOARD SECRETARY ELIZABETH FORLANI STATED THAT IN CHECKING THE MATERIAL SHE RECEIVED FROM THE PLANNING AND ZONING DEPARTMENT, THERE WAS NOTHING STATING THAT MR. MCCULLERS WAS TO RECEIVE A NOTICE OF THE PUBLIC HEARING. SHE CONTINUED THAT SHE SENT A LETTER TO THE FLORIDA MINERALS COMPANY WITH A CARBON COPY TO FRED BRIGGS. PLANNER REDICK RECOMMENDED THAT WE READVERTISE THE PROPERTY OWNED BY MR. MCCULLERS, JUST TO BE SURE HE IS ADVISED OF THIS ZONING w CHANGE TO'R-1 RESIDENTIAL. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 79-4 CHANGING THE AGRICULTURAL ZONING OF THE PROPERTY OWNED BY FLORIDA MINERALS COMPANY, TO R-1 RESIDENTIAL, WITH THE EXCEPTION OF THE FOLLOWING DESCRIBED PROPERTY OWNED BY MR. MCCULLERS: BEGIN AT THE SOUTHEAST CORNER OF TR. 28 IN .ti 4 SECTION 4, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN NORTH 210' TO P.O.B.; i THENCE RUN EAST 200'; THENCE RUN NORTH 100'; THENCE RUN WEST 200'; THENCE RUN SOUTH A DISTANCE OF 100' TO P.O.B.: SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 43 TOM BOOK U PACE 124 ORDINANCE N0. 79-4 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: The west Z of the south 2 of the southeast 4 of the southeast 4 of Section 4, Township 32 South, Range 39 East; less the west 200' of the south 2 of the south 12 of the southeast 4 of the southeast 4 of Section 4, Township 32 South, Range 39 East; and less also the south 30' thereof for North Winterbeach Road R/W. Said land lying and being in Indian River County. The north z of the northeast 4 of the northeast 4, Section 9, Township 32 South, Range 39 East, Indian River County, Florida. Be changed from A -Agricultural to R-1 Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. ' Thts Ordinance shall take effect February 26, 1979. StR 39 PAGEJc,5 FEB 211979 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE PLANNING DEPARTMENT TO READVERTISE THE MCCULLERS' PROPERTY FOR REZONING. PLANNER REDICK APPROACHED THE BOARD TO DISCUSS WELLS'AND PERMITS, AND THE QUESTION OF THE SAND RIDGE AND THE AQUIFER, HE CONTINUED THAT HE HAD CONTACT WITH THE FLORIDA GEOLOGICAL SURVEY SOCIETY, WHO DID A SMALL HYDROLOGICAL STUDY OF INDIAN RIVER COUNTY IN 1971 RECENTLY PLANNER REDICK SPOKE WITH THEM IN ORLANDO AND THE SOCIETY SAID IF THE BOARD FELT THERE WERE SOME SIGNIFICANT PROBLEMS, PARTICULARLY AS TO WELLS AND PERMITTING AND THE SAND RIDGE AS EVIDENCED BY REZONING AND MINING, THEY COULD DO A NEW STUDY OF THE AREA, HE CONTINUED THAT THIS WOULD ENABLE THEM TO SEE WHAT CHANGES HAVE TAKEN PLACE IN THE WATER TABLES, IN THE j SALT CONTENT, MINERAL CONTENT, AND WHAT HAS HAPPENED OVER THE LAST EIGHT YEARS THROUGHOUT THE AREA, TO GIVE US A BETTER INDICATION OF OUR PRESENT SITUATION. PLANNER REDICK SAID HE COULD NOT TELL WHETHER IT WOULD BE A' FREE STUDY, OR A SHARING.OF THE COST BY THE COUNTY, BUT HE WOULD LIKE TO PREPARE A LETTER FOR THE CHAIRMAN'S SI,GNATURE TO ASK THE GEOLOGICAL SOCIETY FOR ASSISTANCE IN THIS STUDY. HE FELT IT WOULD BE MOST HELPFUL IN DETERMINING WHAT CAN BE DONE IN THE FUTURE. PLANNER REDICK STATED THAT IN TALKING WITH THE MATER MANAGEMENT DISTRICT REGARDING THE AQUIFER, THE POLLUTANTS AND SALINE SOLUTIONS, THEY ADVISED IT WILL BE SEVERAL YEARS BEFORE THE WATER MANAGEMENT DISTRICT CAN MAKE A STUDY. HE CONTINUED THAT THEY DID COME UP WITH A SYSTEM THAT ENTAILED USING PRIVATELY OWNED WELLS THAT CURRENTLY EXIST IN THE COUNTY, AND WE COULD ESTABLISH A SAMPLING TECHNIQUE, WHICH MONITORS SALT WATER INTRUSION AND OTHER PROBLEMS. PLANNER REDICK WOULD LIKE TO FOLLOW UP ON THE SUGGESTION AND SEE IF WELL OWNERS WOULD COOPERATE AND HAVE THE BOARD AUTHORIZE PERSONNEL TO TAKE THOSE SAMPLES. HE CONTINUED THESE ARE TWO PROGRAMS THAT CAN GIVE US SOME ANSWERS, AND ARE NOT COSTLY, BUT THE BOARD'S APPROVAL IS NEEDED BEFORE PROCEEDING. COMMISSIONER LYONS COMMENTED THAT HE IS CONCERNED ABOUT THE SALT WATER INTRUSION AND THE SUPPLY TO OUR AQUIFER. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THAT THE CHAIRMAN BE AUTHORIZED TO COMMUNICATE WITH THE GEOLOGICAL 45 a Bw 39 PAGE 126 f SOCIETY AND THE WATER MANAGEMENT DISTRICT TO OBTAIN INFORMATION REGARDING THE KIND OF SERVICES AVAILABLE TO PROTECT THE COUNTY'S WATER SUPPLY, DISCUSSION ENSUED REGARDING THE VARIOUS WATER STUDIES; THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY, ATTORNEY COLLINS NEXT BROUGHT UP THE SUBJECT OF RETIREMENT BENEFITS AND ASKED THAT IT BE DEFERRED UNTIL THE NEXT MEETING, HE THEN REPORTED THAT AT THE PRE -CONSTRUCTION MEETING HELD ON MARCH 6, 1979 ON PHASE Z OF THE GIFFORD WATER PROGRAM, THE QUESTION AROSE AS TO WHETHER OR NOT THE CHAIRMAN HAS BEEN AUTHORIZED TO SIGN ALL DOCUMENTS PERTAINING TO THIS PROJECT, DISCUSSION FOLLOWED ALONG THOSE LINES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN ANY AND ALL DOCUMENTS THAT RELATE TO THE IMPLEMENTATION OF THE PHASE Z GIFFORD WATER PROGRAM AND TO FURTHER AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A NOTICE TO PROCEED, ATTORNEY COLLINS NEXT DISCUSSED THE LAWSUIT ENTITLED INDIAN RIVER COUNTY VS. GOODKNIGHT AND BAGALEY, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED AND RATIFIED THE COUNTY ATTORNEY'S ACTION IN FILING INJUNCTION PROCEEDINGS IN THE LAWSUIT ENTITLED INDIAN RIVER COUNTY VS. GOODKNIGHT AND BAGALEY. ATTORNEY COLLINS BROUGHT UP THE SUBJECT OF THE COURTS DISMISSING ATTORNEY CLEM'S COMPLAINT ON ONE ACRE SUBDIVISIONS. HE CONTINUED THAT HE WOULD LIKE TO WRITE TO EACH OF THE SUBDIVISIONS THAT HAVE ONE ACRE OR MORE TELLING THEM THAT THIS PROBLEM EXISTS OF DIVIDING THE ONE ACRE LOTS AND/OR BUILDING MORE THAN ONE HOUSE ON THEM, AND THEY SHOULD COME TO THE COUNTY FOR REZONING TO RIE. COMMISSIONER Loy SUGGESTED CHECKING THE DEED RESTRICTIONS IN ORDER NOT TO UPSET ANY OF THE PROPERTY OWNERS, ATTORNEY COLLINS CONTINUED THAT HE IS CONCERNED THAT THE ORDINANCE PERTAINING TO THIS PROBLEM WAS PASSED ON AN EMERGENCY BASIS AND FELT IT WAS NOT A GOOD ORDINANCE TO HAVE ON OUR BOOKS. 46 9 FAGE7 • MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY THAT THE ATTORNEY BE AUTHORIZED TO ADVISE THE PROPERTY OWNERS IN ONE ACRE SUBDIVISIONS AS BEST HE CAN, AND AT THE END OF 90 DAYS, REPEAL THIS ORDINANCE. DISCUSSION FOLLOWED AND THE ATTORNEY ADVISED THAT THE BOARD HAS THE AUTHORITY TO REZONE PROPERTY EVEN IF THE PEOPLE DO NOT WANT IT REZONED. HE CONTINUED THAT A SIMPLE DEED RESTRICT -ION CAN BE PREPARED TO COVER THIS PROBLEM, SIGN IT AND MAKE IT OF RECORD. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ATTORNEY COLLINS THEN DISCUSSED WITH THE BOARD THE FOLLOWING INFORMATION IN REGARD TO ENERGY EFFICIENCY BUILDING CODES AND ENERGY EMERGENCY CONTINGENCY PLAN, WHICH IS HEREBY ATTACHED: FEB 2 11979 R 47 39 PACE J28 rw Erpsrtmrnt of Ahmintsfrufinn State Energy Office 301 Bryant Building TALLASABBEE sea t MEMORANDUM DATE: TO: City and County Administrators FROM: Bud Grace SUBJECT: Energy Codes y'M Fc'3 r. 79 . • C+I�S.St,�yERS .4: February 2, 1979 As you know, most buildings for which construction permits are granted after March 16, 1979, must meet certain minimum standards with regard to energy conservation. I'have spoken with many building officials, local government officials, and other professionals throughout the State on the anticipated increased burden on building departments in having to enforce the energy requirements. It is likely that at least one additional inspection per site will be required. It has been indicated that a few of the larger jurisdictions in Florida may need to hire an additional mechanical engineer for plans checking purposes. While we do expect an impact on your building department, we cannot accurately predict its scope. If your building official is typical of the great majority I have talked to recently, he is well aware of the situation. Please solicit and consider his recommendations in your budgetary and planning activities. To those jurisdictions which have not yet adopted an energy code and which are considering adopting the State of Florida Model Energy Efficiency Building Code, I suggest that the ordinance you write adopting the code contain language which allows amendments to be approved easily. We expect some revisions to be offered during the first year of its use. For example, our consultants are now working on a simplified design approach for residences similar to the various home design programs of several of the utility companies. This will greatly facilitate trade-offs between the components of the house, such as.allowing more glass while at the same time increasing the attic insulation or improving the efficiency of the heat pump. When this section of the code is completed, many local governments will wish to add it to their ordinances. If you have any questions concerning the State laws mandating energy codes or energy codes in general, please call (904/488-2475) or write me or Barbara Fay and we will be happy to assist you in whatever way we can. BG/ecc e V i �r- Bos GRAHAM GOVERNOR STATE OF FLORIDA fa Vtlfftte of the (Governor THE CAPITOL TALLAHASSEE 32304 February 5, 1979 Honorable William C. Wodtke, Jr., Chairman Indian River County Board of Commissioners County Courthouse 2145 14th Avenue Vero Beach, Florida 32960 Dear Chairman Wodtke: The Department of Administration and the Public Service Commission have responsibility under Section 377.703(3)(a), Florida Statutes, as. amended by Chapter 78-25, Laws of Florida, to develop an energy eiaergency contingency plan for the State of Florida. This plan covers petroleum products, natural gas and electricity and is compatible with federal contingency plans. A copy of Florida's Energy Emergency Contingency Plan, which has my approval and support,.is enclosed. The oil embargo during late 1973 and early 1974 found the Nation and the State unprepared. No organi- zation or plan of action was in place to meet the crisis, Fortunately, the embargo was short and State mandatory measures were+not necessary. The interna- tional and national situations today do not preclude the possibility of another interruption. It is for this reason that I ask that you involve yourselves in the organizational aspects of the Plan. During the 1973-74 embargo period, the Board of County Commissioners appointed a County Fuel Alloca- tion Officer to act as a fuel coordinator between the county and the State. This program remains in.effect and we have relied on these individuals for supply and distribution information over the.last four years. The Contingency Plan calls for the appointment by the County Commission of a County Energy Emergency Panel chaired by the Fuel Allocation Officer. The -primary function of the Energy Emergency Panel is to work with suppliers and consumers of all types of energy within •,,1 the county during an interruption of supplies. The group should include broad representation from industry, agriculture, social services, emergency services, fuel suppliers and distributors, media repre- sentatives, utility companies, and local community action groups. (See Plan pages OM -9 through OM -11.) M FEB 2.19.79 39 ew-1130 Page Two February 5f 1979 Chairman William C. Wodtke, Jr. In order to expedite the organizational aspects of ' the Contingency Plan, the County Commission should select appointees'and forward their names and addresses to the State Energy Office at 301 Bryant Building, Tallahassee, Florida 32304, and to the appropriate Area Fuel Alloca- tion Coordinator. Please finalize your appointments by February 28, 1979, as instructional sessions for the Panels should begin in March. We hope the need to implement Florida's Energy Emergency Contingency Plan is never necessary, but we are convinced that we must define responsibilities and.agree to a plan of action before another energy emergency ever faces the citizens of Florida again. With kind regards. Sincerely, Governor BG/js Enclosure DISCUSSION FOLLOWED ALONG THOSE LINES AND IT WAS NOTED THAT THE REGIONAL PLANNING COUNCIL IS RECOMMENDING WATER SAVING DEVICES ON LARGE DEVELOPMENTS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE FOR A PUBLIC HEARING FOR THE SECOND MEETING IN MARCH FOR THE PURPOSE OF ADOPTING AN ENERGY CODE. ATTORNEY COLLINS STATED THAT AT THE LAST MEETING, THE BOARD HIRED HERCULES KONTOULAS TO BE CONSTRUCTION PROJECT REPRESENTATIVE ON THE I REMODELING OF THE COURTHOUSE AND THE PROPOSED OLD HOSPITAL BUILDING AND AUTHORIZATION WAS NEEDED FOR THE ADMINISTRATOR'S SIGNATURE ON THE LETTER OF AGREEMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR'S SIGNATURE ON THE LETTER OF AGREEMENT WITH HERCULES KONTOULAS� 50 BmK 39 PAGE n • 11, ti JACK G. JENNINGS, Administrator Mr. Hercules Kontoulas BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON 2145 14th Avenue LETTER OF AGREEMENT February 20, 1979 Vero Florida 32960 This is an independent Contractor Agreement whereby Indian River County contracts with Hercules Kontqulas, strictly on a contract basis, to be Construction Project Representative, on the remodeling of the Courthouse and proposed Old Hospital building. The parties agree that Hercules Kontoulas shall be paid a flat fee of $1416.67, per month, beginning February 5, 1979, and continuing until such time as the County terminates this Agreement. As additional consideration; Indian River County shall furnish an office, telephone and stationery. Any secretarial assistance needed by Mr. Kontoulas shall be provided by County. Pir. Kontoulas shall furnish his own transportation and provide Indian River County with copies of his insurance, if any are so required. Lastly, Mr. Kontoulas agrees to represent Indian River County on a full time basis, taking no more than ten (10) working days vacation per year. J G. enning , ounty Adm' strator ian River C y, Florida �;�ei!-cules� ulas V Boa 39 PAcE 132 CHAIRMAN WODTKE ADVISED THAT HE RECEIVED A TELEPHONE CALL FROM FHA AND THEY WOULD LIKE TO HAVE A CEREMONY AT THE COMPLETION OF THE WATER SYSTEM IN GIFFORD, HE CONTINUED THAT THEY WANT TO HAVE THEIR PEOPLE FROM WASHINGTON ATTEND, WHICH WILL GIVE FHA AN OPPORTUNITY TO GET SOME GOOD PUBLICITY ON A NATIONWIDE BASIS.' ATTORNEY COLLINS REPORTED THAT MICHAEL R. HIGHTOWER OF THE FARMERS HOME ADMINISTRATION, WILL BE AVAILABLE ON MARCH 27, 1979 AT 1:00 01CLOCK P.M. AND THEY ARE REQUESTING THAT WE NOTIFY OUR SENATORS AND CONGRESSMEN TO ATTEND. CHAIRMAN WODTKE SUGGESTED THE TIME BE CHANGED TO NOON IN CASE THE OFFICIALS MIGHT WANT TO ATTEND THE LOS ANGELES DODGERS GAME. DISCUSSION FOLLOWED AND IT WAS DECIDED THAT THE ATTORNEY WOULD CORRESPOND WITH MR. HIGHTOWER TO CONFIRM THE DATE AND TIME. ASSISTANT ADMINISTRATOR NELSON APPROACHED THE BOARD TO DISCUSS A PROPOSED TRAFFIC LIGHT AT STH STREET AND U.S. 1. HE CONTINUED THAT ORIGINALLY THIS LIGHT WAS REQUESTED ON APRIL 21, 1976 BY THE HOARD AND FOR ONE REASON OR ANOTHER, IT WAS NOT INSTALLED. MR. NELSON STATED THAT SIGNAL CONSTRUCTION CO. NOW HAS AN UPDATED PLAN AND CAN INSTALL THE LIGHT FOR $6,000 AS THE COUNTY HAS THE EQUIPMENT TO DO SO. HE FURTHER COMMENTED THAT THERE HAVE BEEN A NUMBER OF ACCIDENTS AT THAT INTERSECTION. DISCUSSION FOLLOWED AND I•T WAS NOTED THAT THE SITUATION HAS CHANGED DRASTICALLY SINCE THE ORIGINAL REQUEST FOR A TRAFFIC LIGHT WAS MADE. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE INSTALLATION OF FIVE TRAFFIC LIGHTS ARE ALREADY IN THE BUDGET. COMMISSIONER LYONS EXPRESSED CONCERN THAT BEFORE WE SPEND THE MONEY, WE SHOULD BE SURE THIS IS WHERE WE WANT TO INSTALL THE LIGHT. COMMISSIONER SIEBERT COMMENTED THAT HE WOULD LIKE TO GET A TRAFFIC ACCIDENT REPORT FOR THAT AREA. ADMINISTRATOR JENNINGS NOTED THAT THE LAST EVALUATION TOOK PLACE OVER A YEAR AGO AND DOT IS GOING TO WIDEN THE ROAD AT THAT INTER- SECTION. WILLIAM KOOLAGE, OF 815 26TH AVENUE, COMMENTED THAT IT IS VERY HARD TO MAKE A TURN AT THAT CORNER AS IT IS A DARK CORNER. 52 FEB 2 11979 BOOK 39 %433 COMMISSIONER Loy STATED THAT THIS IS NOT A THROUGH STREET GOING EAST AND WEST - IT STOPS AT U.S. 1. SHE FURTHER SUGGESTED THAT THIS MATTER BE PUT ON HOLD AT THIS TIME. ASSISTANT ADMINISTRATOR SVELSON CONCLUDED BY STATING THAT THE COUNTY CAN REEVALUATE IT ONCE DOT WIDENS IT AND PUTS IN A CENTER LANE AT THE INTERSECTION OF 8TH STREET AND U.S. 1. ASSISTANT ADMINISTRATOR NEIL NELSON INFORMED THE BOARD THAT ON ,THE 15TH OF FEBRUARY, THE ADMINISTRATOR AND HE MET WITH REPRESENTATIVES OF CONNELL, METCALF & EDDY TO REVIEW THEIR INITIAL PROPOSAL FOR THEIR SERVICES FOR DESIGN OF MODIFICATIONS TO THE OLD HOSPITAL BUILDING, THE COURTHOUSE AND THE ANNEX. AT THAT TIME CHANGES WERE RECOMMENDED, AND CONNELL, METCALF & EDDY SUBMITTED A SECOND COST PROPOSAL, WHICH THE ADMINISTRATIVE STAFF AND HERCULES KONTOULAS, CONSTRUCTION PROJECT REPRE- SENTATIVE, HAVE REVIEWED; AND ARE NOW PRESENTING A COUNTER PROPOSAL FOR THE BOARDS CONSIDERATION. - ASSISTANT ADMINISTRATOR NELSON THEN PROCEEDED TO REVIEW THEIR COUNTER PROPOSAL AND STATED THAT THEY AGREE WITH THE FIRST PAGE AND THEY ALSO AGREE WITH ARTICLE 15.1, THE PROVISION IN REGARD TO "AS BUILT DRAW- INGS" OF EXISTING FACILITIES. HE NOTED THAT THESE ARE NECESSARY BECAUSE THE HOSPITAL BUILDING WAS CONSTRUCTED OVER A NUMBER OF YEARS; THE ANNEX WAS BUILT SOME YEARS AGO; AND THE COURTHOUSE WAS ADDED TO ON A NUMBER OF OCCASIONS. WE HAVE SUPPLIED THE CONSULTANTS WITH ALL THE CONSTRUCTION PLANS OF THE EXISTING FACILITIES THAT WE HAVE,BUT THERE IS NO ASSURANCE THAT WHAT IS IN THOSE PLANS ARE CORRECT. THE CONSULTANT MUST GUARANTY THAT THE "AS BUILT PLANS ARE CORRECT; SO,THEY WILL HAVE TO MAKE ADDI- TIONAL PLANS OR MODIFY THE ONES WE SUPPLY TO THEM. CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS EXPLAINED THAT THE ARCHITECTS WILL REDRAW THE EXISTING BUILDING AND WILL HAVE TO VERIFY THE THINGS THAT ARE IN DOUBT BY INVESTIGATION. ASSISTANT ADMINISTRATOR NELSON FELT THAT THIS WILL REQUIRE EXTENSIVE WORK. THE ASSISTANT ADMINISTRATOR INFORMED.THE BOARD THAT THE ARCHI- TECTS PROPOSED TO PROVIDE SERVICES BASED ON A LUMP $UK FEE OF $317,375. FEB 21: 1979 53 BOOK 39 PACE 134 BOOK 39 PACE 134 WE -ARE SUGGESTING A COUNTER -PROPOSAL OF $280,910, OR 8.57 OF THE LOWEST BONAFIDE BID; WHICHEVER IS LOWER. THEY WANTED 8.5% OF THE ESTIMATED CONSTRUCTION COST OF $3,575,000. MR. NELSON CONTINUED THAT THE ARCHITECTS HAD A CONTINGENCY FEE OF 20%, AND IT WAS FELT THAT WAS ENTIRELY TOO LARGE IF WE.GAVE THEM THE ItASBUILT" DRAWING FIGURE OF $13,500 AND THAT A CONTINGENCY FEE OF 107 WOULD BE ADEQUATE SO WE CHANGED THEIR $3,575,000 CONSTRUCTION COST FIGURE TO $3,146,000 (WHICH FIGURE INCLUDES $2,846,000 FOR RENOVATION WORK AND $300,000 FOR LANDSCAPING.) MR. NELSON FELT THE LANDSCAPING MIGHT RUN QUITE HIGH BECAUSE WE HAVE TO CONFORM TO ALL THE LATEST REGULATIONS. COMMISSIONER SIEBERT ASKED IF THE $300,000 INCLUDES THE 207 CONTINGENCY, AND MR. KONTOULAS STATED THAT IT DOES NOT, MR. NELSON STATED THAT THE STAFF HAD SOME OBJECTIONS TO ARTICLES 1.7 AND 15.2 IN THE STANDARD FORM AGREEMENT REGARDING ADDITIONAL SERVICES. ON PAGE 1 HE RECOMMENDED SUBSTITUTING $3,146,000 FOR THE CONSTRUCTION COST IN PLACE OF $3,575,.000. HE STATED THAT ON PAGE 3, WE REQUESTED AND THEY AGREED TO PUT IN AN ARTICLE STATING THAT THE ARCHITECT SHALL MAKE AT LEAST 2 MAN VISITS A MONTH DURING CONSTRUCTION. THIS IS TO ASSURE THAT WE HAVE THE ARCHITECT AND ENGINEER WITH US THROUGHOUT CONSTRUCTION. IN ARTICLE 1.7 ON PAGE 5, IT WAS FELT THAT MAKING THE CONTINGENCY LOWER AND K ADDING THE $13,500 WOULD TAKE CARE*OF ARTICLE 17.5 (PROVIDING SERVICES TO INVESTIGATE EXISTING CONDITIONS OR FACILITIES...) SO THAT WAS TAKEN OUT. WE ARE ALSO RECOMMENDING THAT ARTICLE 1.7.11 (PROVIDING SERVICES FOR PLANNING TENANT OR RENTAL SPACES) BE DELETED. IT WAS FELT IF WE LEFT THAT IN THERE AND THEY MADE SPECIAL TRIPS TO TALK TO THE SCHOOL BOARD OR OTHER TENANTS, THEN THEY COULD RIGHTFULLY CHARGE US FOR OUT-OF-POCKET EXPENSES. COMMISSIONER $IEBERT ASKED IF THESE AREN'T BASIC SERVICES, AND MR. NELSON STATED THAT THEY ARE ADDITIONAL SERVICES. THEY ARE NOT IN- CLUDED IN THE CONTRACT, AND IT WAS FELT IF WE LEFT THIS IN, THEY COULD CHARGE US TWICE. HE NOTED THAT IN ARTICLES 2.5 AND 2.6 ON PAGE 6, RE VARIOUS SOIL TESTS, STRUCTURAL TESTS, ETC., THE CONSULTANTS ACCEPTED OUR 54 i 39 pAcE ".a J • m RECOMMENDATION AND AGREED THAT INSTEAD OF THE OWNER FURNISHING THOSE THINGS, THE CONTRACTOR WILL FURNISH THEM AND ALL WE HAVE TO DO IS CHECK UP ON THE CONTRACTOR. COMMISSIONER SIEBERT QUESTIONED WHETHER ARTICLE 1.7.9 MEANS THAT CONSTRUCTION COST ESTIMATES ARE•ADDITIONAL SERVICES. ATTORNEY COLLINS SUGGESTED THAT HE COMPARE THIS WITH ARTICLE 1.1.5. HE POINTED OUT THAT IN THE GENERAL CONTRACT, THEY AGREE TO PRO- • VIDE PROBABLE CONSTRUCTION COSTS WHILE ARTICLE•1.7.9 REFERS TO A DETAILED ESTIMATE. MR. KONTOULAS INFORMED THE BOARD THAT IF A PRE -CONSTRUCTION COST ESTIMATE BASED ON THEIR PRELIMINARY IS DESIRED, THE ARCHITECTS WILL CHARGE EXTRA FOR THAT BECAUSE THEY WOULD HAVE TO HIRE A PROFESSIONAL ESTIMATOR. ASSISTANT ADMINISTRATOR NELSON EXPLAINED THAT THE CONSULTANTS WILL MAKE A SPECIFICATION ON WHAT NEEDS TO BE DONE TO THE BUILDING, TYPE. OF WALL COVERINGS, ETC., .BUT THIS DOES NOT INCLUDE DETAILED ESTIMATES - THEY ARE TALKING IN BALLPARK FIGURES. COORDINATOR THOMAS NOTED THAT ALL THIS CAN BE CONTROLLED BY THE BIDDING PROCESS. COMMISSIONER LYONS FELT THE JOB COULD BE DONE PRETTY WELL ON A R BALLPARK BASIS, AND NOTED THAT IF YOU WANT TO GET•DOWN TO MORE SPECIFICS, IT GETS MORE EXPENSIVE. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT THE ARCHITECT HAS AGREED TO DELETE ARTICLE 4 AND ARTICLE 5 IN REGARD TO DIRECT PERSONNEL EXPENSE AND REIMBURSABLE EXPENSES. HE COMMENTED THAT WE PAID THOSE ON THE FIRST PORTION OF THE CONTRACT, AND ACTUALLY HAVE PAID THEM $20,000 SO FAR. CHAIRMAN WODTKE DISCUSSED PAYING THEM FOR SUPERVISION, AND MR. i KONTOULAS STATED THAT IS PART OF THE NORMAL CHARGE AND THAT.IS WHY WE STIPULATED HOW MANY DAYS THEY WILL BE HERE, I.E. 2 MAN VISITS A MONTH DURING CONSTRUCTION. HE CONTINUED THAT THE COST OF SUPERVISION IS USUALLY ABOUT 1/3.. FEB 2 11979 55 1y° J 0 ATTORNEY COLLINS NOTED THAT IF YOU LOOK AT THE CONSTRUCTION PHASE ON PAGE 9, IT INDICATES THAT THEY ARE ALLOCATING AT MOST 20%, AND MR. KONTOULAS STATED THAT 2% OF THE 8.5% IS NORMAL. CHAIRMAN WODTKE FELT THAT 2 MAN VISITS A MONTH HARDLY SEEMS WORTH THAT AMOUNT. MR. KONTOULAS NOTED THAT THERE WILL BE STAGNANT PERIODS OF CONSTRUCTION, AND POINTED OUT IF THIS WERE NOT SPECIFIED, IT WOULD BE LEFT TO THE CONSULTANTS' DISCRETION. DISCUSSION FOLLOWED AS TO WHAT "2 MAN VISITS A MONTH" ACTUALLY MEANS. MR. KONTOULAS WAS OF THE OPINION THAT THE ARCHITECT'S INTENTION IS TO SEND 2 MEN ON EACH VISIT, OR, IN OTHER WORDS, 2 MEN ONCE A MONTH, CHAIRMAN WODTKE FELT IT SAYS THAT 1 MAN WILL COME UP TWICE A MONTH. HE FELT CONTINUOUS SUPERVISION WILL BE REQUIRED, AND MR. KONTOULAS NOTED THAT HE WILL BE THERE. THE CHAIRMAN POINTED OUT THAT MR. KONTOULAS IS PAID BY THE COUNTY. COMMISSIONER LYONS QUOTED FROM ARTICLE 1.5.4 WHICH SAYS THE ARCHITECT SHALL VISIT THE SITE AT INTERVALS ... BECOME FAMILIAR WITH PROGRESS ... DETERMINE IF WORK IS PROCEEDING ACCORDING TO CONTRACT DOCU- MENTS ... KEEP OWNER INFORMED OF THE PROGRESS ... GUARD THE OWNER AGAINST DEFECTS AND DEFICIENCIES ... HE FELT WE ARE, IN EFFECT, PAYING FOR THE WARRANTY AFFORDED BY THIS, AND THAT -THEY ARE SAYING THEY TAKE THE RESPON- SIBILITY. ATTORNEY COLLINS FELT THAT IS TRUE, BUT POINTED OUT THAT ALTHOUGH THEY HAVE THE RESPONSIBILITY FOR SUPERVISION, IF THEY DON'T DO IT AND SOMETHING GOES WRONG, THE COUNTY IS ULTIMATELY THE LOSER. MR. KONTOULAS WAS OF THE OPINION THAT THIS IS COVERED UNDER THE GENERAL CONDITIONS WHICH ARE A PART OF THE CONTRACT. ASSISTANT ADMINISTRATOR NELSON DISCUSSED PAGE 9, ARTICLE 14.2.1, WHERE WE ARE REMOVING THE STIPULATED SUM OF $317,375 AND INSERTING $280,910 of 8.5% OF THE LOWEST BONAFIDE BID, WHICHEVER IS LOWER. HE STATED THAT HERE AGAIN HE FELT WE ARE PROTECTING OURSELVES BECAUSE IF WE COME IN WITH A.LOW BID ON CONSTRUCTION, THE ARCHITECT'S FEE WILL BE LOWER. DRAWINGS. F E B 211979 CHAIRMAN WODTKE AGAIN QUESTIONED THE $13,500 FOR "AS BUILT" 01.1 M PAGE..' MR. KONTOULAS NOTED THAT THESE REFER TO THE EXISTING BUILDINGS, AND EXPLAINED THAT AT THE END OF CONSTRUCTION, AIR CONDITIONING CON— TRACTORS, PLUMBERS, ELECTRICIANS, ETC., MARK ON THE PLANS EXACTLY WHERE THEY HAVE INSTALLED THE VARIOUS LINES, PIPES, WIRES, ETC., AND'THIS MAY DIFFER SLIGHTLY FROM THE ORIGINAL DRAWINGS. HE FURTHER NOTED THAT THESE STRUCTURES WERE DONE BY DIFFERENT ARCHITECTS AT DIFFERENT PERIODS OF TIME, AND OUR ARCHITECT WILL HAVE TO INCORPORATE ALL THESE PLANS INTO A • FINAL PLAN AND COME UP WITH A COMPLETE REPRODUCIBLE SET OF PRINTS AND SPECIFICATIONS. COMMISSIONER SIEBERT THEN QUESTIONED ARTICLE 3.2.2 WHICH HE FELT SAYS THEY ARE NOT BOUND BY CONSTRUCTION COST AS IT RELATES TO A PROJECT BUDGET UNLESS SPECIFICALLY STATED IN WRITING. HE ANTICIPATED j WE WILL GIVE THEM A FIXED BUDGET OF SOME KIND, AND THIS SEEMS TO SAY THEY ARE NOT BOUND BY IT UNLESS THEY AGREE TO IT IN WRITING. MR. NELSON FELT THEY NEED THIS TO PROTECT THEMSELVES, BECAUSE' HE DIDNIT SEE HOW THEY CAN GUARANTY THE CONSTRUCTION COST OF THE BUILDING. COMMISSIONER SIEBERT AGREED THAT IF THEY SIGN THIS CONTRACT AND THE BIDS COME IN WAY ABOVE THAT, THEY ARE THE LOSER, CHAIRMAN WODTKE INQUIRED WHAT HAPPENS IF WE DON'T LIKE THIS CONTRACT, AND MR. NELSON POINTED OUT THAT ARTICLE 10.1 ALLOWS FOR TERMINA— TION OF AGREEMENT. DISCUSSION FOLLOWED ON WHAT FEES WOULD BE OWED IF THE CONTRACT WERE ABANDONED AFTER THE SCHEMATIC DESIGN PHASE, AND ATTORNEY COLLINS FELT THEY WOULD HAVE EARNED THE 20% SCHEMATIC PHASE PLUS 20% OF THAT AMOUNT. COMMISSIONER LOY TALKED ABOUT THE MULTIPLE OF 2.87 SET OUT ON PAGE IO, ARTICLE 14.4.1 AND COMMENTED THAT WE ONLY PAID 1.87 FOR EXTRA SERVICES IN THE. ORIGINAL CONTRACT. SHE NOTED THAT 1.1 MULTIPLE FOR OUT—OF—POCKET EXPENSES IS THE SAME. ADMINISTRATOR dELSON FELT THE 2.87 FIGURE COULD BE CHANGED TO 1.87. MR. NELSON EXPLAINED THAT SECTION 14.5, IN REGARD TO REIMBURS— ABLE EXPENSES, WAS DELETED BECAUSE IT PERTAINS TO THE NORMAL SERVICE THEY GIVE US. 57 9 PAGE 1,38 FEB 2 11979 FINANCE OFFICER BARTON NOTED THAT IN ARTICLE 14,6 THERE IS AN INTEREST CHARGE OF 12% IF WE DONT PAY ON TIME, AND BY FLORIDA STATUTE WE CAN ONLY PAY A MAXIMUM OF 7.50. DISCUSSION FOLLOWED ON MAKING THIS 6% OR LESS, AND MR. NELSON SUGGESTED JUST STATING THAT IT CANNOT EXCEED THE LEGAL LIMIT SET -BY STATUTE. ATTORNEY COLLINS DID NOT FEEL IT IS NECESSARY TO PUT ANYTHING IN AS THEY ARE CONTROLLED BY FLORIDA LAW AND IF THERE SHOULD EVER BE ANY QUESTION, IT CAN BE SPELLED OUT. IF THE BOARD WISHED TO MAKE IT SPECIFIC, HE SUGGESTED THAT IT BE WORDED ItNOTTO EXCEED 60." CHAIRMAN WODTKE STATED THAT HE IS REALLY NOT HAPPY AT ALL WITH THE PRESENTATION. HE FELT 8.5% IS MUCH TOO MUCH TO BE CHARGED AND NOTED THAT THE SCHOOL BOARD PAID 5% FOR CONSTRUCTION OF THEIR BUILDING, INCLUDING SUPERVISION. HE FELT THE ESTIMATED COST OF CONSTRUCTION IS ANOTHER PROB- LEM IN THAT WE HAVE BEEN GIVEN TOO GENERAL AN ESTIMATE AND HAVE NO IDEA' WHETHER MINIMUM QUALITY OR DELUXE MATERIALS, LIGHTING FIXTURES, FLOORING, ETC., WILL BE USED. THE CHAIRMAN STATED THAT HE DOES NOT FEEL HE HAS ENOUGH INFORMATION TO BE ABLE TO JUSTIFY SIGNING A CONTRACT BASED ON A CONSTRUCTION COST OF $3,146,000. COMMISSIONER LYONS NOTED THAT ACTUALLY WE ARE LOOKING AT AN OUTSIDE FIGURE OF $280,910 FOR THE ARCHITECTS FEE OR 8.5% OF THE•LOWEST BONAFIDE BID, AND HE FELT THAT ALL ANY ARCHITECT COULD GIVE YOU AT THIS TIME IS SOME SORT OF ROUND FIGURES AS TO WHAT THE JOB WILL COST. MR. KONTOULAS COMMENTED THAT THE ARCHITECTS FIGURES ARE MOST LIKELY BASED ON OUR REGIONAL NATIONAL AVERAGE FIGURES, WHICH ARE PUBLISHED IN BOOKS ON CONSTRUCTION, HE STATED THAT YOU REALLY CANT GET DOWN TO SPECIFICS UNTIL YOU GET TO THE SPECIFICATION AND BIDDING STAGE, AT WHICH TIME YOU CAN DICTATE WHAT YOU WANT. -,� CHAIRMAN WODTKE STATED THAT WE HAVE BEEN GIVEN AN ESTIMATE OF $9.00.A FOOT, AND HE WANTS TO KNOW WHAT THIS INCLUDES - VINYL OR CARPET, ETC. COMMISSIONER LOY NOTED THAT THIS FIGURE IS JUST A NATIONAL AVERAGE AND DOESNIT TELL US ANYTHING LIKE THAT. PACE 139 FEB 211979 • A t- I 0 MR. KONTOULAS EXPLAINED THAT THE NATIONAL FIGURES HAVE BREAK- DOWNS BASED ON DIFFERENT MATERIALS, BUT HE DOES NOT KNOW WHAT THE ARCHI- TECTS HAVE USED TO REACH THIS FIGURE, AND HE DID NOT FEEL THIS IS GERMANE RIGHT NOW, COMMISSIONER LYONS AGREED THAT WE CAN ONLY WORK WITH A BALL- PARK FIGURE NOW, AND YOU HAVE TO GET TO ANOTHER STAGE BEFORE YOU GET DOWN TO BRASS TACKS, ASSISTANT ADMINISTRATOR NELSON POINTED OUT THAT QUALITY OF MATERIALS CAN BE CONTROLLED IN THE SPECIFICATIONS, BUT WE CAN ONLY DEAL IN GENERALITIES AND APPROXIMATIONS AT THIS POINT. COMMISSIONER SIEBERT STATED THAT HE PERSONALLY DOES NOT FEEL WE GOT $20,000 WORTH OUT OF THE FACILITIES PLAN. HE FURTHER NOTED THAT HE DID NOT FEEL, ACCORDING TO ARTICLE 10, THAT WE CAN TERMINATE THIS CONTRACT ALONG THE WAY EXCEPT FOR FAILURE TO PERFORM - NOT JUST GENERAL DISSATISFACTION. MR. KONTOULAS FELT THIS IS HANDLED UNDER ARTICLE 10.2, BUT COMMISSIONER SIEBERT POINTED OUT THAT THIS STATED "IN THE EVENT THE PROJECT IS PERMANENTLY ABANDONED." ATTORNEY COLLINS STATED WE HAVE THE RIGHT OF TERMINATION IF WE ARE WILLING TO PAY THE LIQUIDATED DAMAGES, BUT CONTINUED THAT IF THERE IS ANY PROBLEM, IT CAN BE SOLVED BY STATING WE HAVE THE RIGHT TO TERMINATE WITHOUT THE PROJECT BEING PERMANENTLY ABANDONED. CHAIRMAN WODTKE INQUIRED ABOUT A TIME FRAME WHEN THE ARCHITECTS COULD MAKE THESE SERVICES AVAILABLE, AND MR. NELSON STATED THAT THEY ARE READY TO COMMENCE IMMEDIATELY UPON NOTICE TO PROCEED. HE COMMENTED THAT THEY ORIGINALLY FIGURED IF WE GOT THIS SIGNED IN FEBRUARY, WE COULD LET THE FIRST CONTRACT IN SEPTEMBER. CHAIRMAN WODTKE POINTED OUT THAT BEFORE WE GO AHEAD, WE REALLY NEED TO KNOW WHETHER WE ARE GOING TO DO THE RENOVATION FOR THE SCHOOL BOARD OR NOT BECAUSE THAT CERTAINLY IS INCLUDED IN THE CONTRACT. MR. KONTOULAS SUGGESTED WE COULD LIMIT OUR PORTION BY SQUARE FOOTAGE, AND COMMISSIONER LYONS NOTED THAT IF WE DON'T INCLUDE THE SCHOOL BOARD, THEN THE FEE IS REDUCED BY THE AMOUNT OF FOOTAGE WE DON T DO, 59 K39wx.40 i r ` DISCUSSION FOLLOWED ON THIS MATTER, AND ATTORNEY COLLINS FELT THIS PRESENTED A PROBLEM BECAUSE WE WOULD BE, IN EFFECT, PARTIALLY TERMINATING PART OF THE JOB. COMMISSIONER LYONS SUGGESTED THAT POSSIBLY THEY COULD LOOK AT THIS IN TWO PHASES OR TWO SEPARATE PIECES. MR. KONTOULAS FELT THIS COULD BE COVERED BY PUTTING ARTICLE 1.7.11 ABOUT SERVICES FOR PLANNING TENANT OR RENTAL SPACES BACK INTO THE CONTRACT. CHAIRMAN WODTKE REITERATED THAT WE NEED TO KNOW THE SCHOOL BOARDS POSITION, AND THAT WILL BE DIFFICULT BECAUSE THEY WANT TO KNOW APPROXIMATELY WHAT IT WILL COST, AND WE HAVE FIGURES THAT RANGE FROM MOUNTAINS TO MOLEHILLS. HE NOTED THAT SHOULD THE SCHOOL BOARD NOT UTILIZE THE SPACE, THERE WOULD UNDOUBTEDLY BE A DIFFERENT DESIGN MADE FOR THIS SPACE, COMMISSIONER LYONS STATED THAT HE WAS HOPING THAT THE DESIGN WAS SUCH THAT WHETHER THE SCHOOL BOARD USES IT OR NOT, IT WONT AFFECT US, MR. NELSON FELT WE COULD STILLA,USE THE PLANS, BUT JUST NOT CONSTRUCT THEM. HE CONTINUED THAT IF THEY DID THE DESIGN WORK FOR THAT PARTICULAR PORTION, WE HAVE TO PAY THEM FOR IT, BUT IF WE SAID WE DID NOT WANT TO RENOVATE -THE ENTIRE BUILDING, HE DID NOT FEEL THAT WOULD BE A PROBLEM. ATTORNEY COLLINS FELT IT WOULD BE A PROBLEM AND SHOULD BE CLARIFIED. COMMISSIONER SIEBERT NOTED THAT WE ANTICIPATE A COST OF $30.00 A SQ. FT. FOR RENOVATION OF THE HOSPITAL COMPLEX AND SUGGESTED REACHING AN AGREEMENT WITH THE SCHOOL BOARD BASED ON A "NOT TO EXCEED" FIGURE. DISCUSSION FOLLOWED AS TO THE MAXIMUM THE SCHOOL BOARD WOULD PAY, AND INTERGOVERNMENTAL COORDINATOR THOMAS FELT THEY COULD PAY BETWEEN �'• $50,000 --$60,000 ANNUALLY. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO BE ABLE TO FIGURE, AS FAR AS THE SCHOOL BOARD IS CONCERNED, THE COST OF THE RENOVATION PLUS THEIR PROPORTIONATE SHARE OF THE BOND ISSUE OVER THE 2.0-25 YEAR PERIOD. BOOK 39 PAGE 141 COORDINATOR THOMAS STATED THAT HE HAS ALL THE SUPPORTING FIGURES AND JUST NEEDS A BASE FIGURE ON THE COST BECAUSE HE MUST CONSIDER SINKING FUNDS, BOND COSTS, LEGAL FEES, ETC. MR. KONTOULAS NOTED THAT THE PROBLEM OF INFLATION MUST BE CONSIDERED IF A DECISION CANNOT BE MADE WITHIN A CERTAIN PERIOD OF TIME. DISCUSSION FOLLOWED AS TO BIDDING IN PHASES AND BIDDING THE COURTHOUSE SEPARATELY. CHAIRMAN WODTKE STATED THAT IF THE SCHOOL BOARD IS NOT GOING TO UTILIZE THE SPACE, HE IS NOT IN FAVOR OF RENOVATING THE OTHER PART OF THE BUILDING. COMMISSIONER SIEBERT SUGGESTED A LONG TERM LEASE TO THEM IN "AS IS" CONDITION, BUT THE FINANCE OFFICER NOTED THAT THE SCHOOL BOARD DOESNIfT HAVE ANYTHING TO.PLEDGE. DISCUSSION FOLLOWED IN REGARD TO PROCEEDING WITH THE WORK ON THE HOSPITAL BUILDING, EXCLUDING THE BUILDINGS ON THE WEST SIDE, AND THE. PROBLEMS INVOLVED WITH ARRANGING THE ENGINEERING SO THAT CERTAIN SERVICES COULD BE CUT OFF AT THAT POINT. COMMISSIONER SIEBERT FELT IF THAT PART SAT EMPTY AND WAS NOT UTILIZED, WE MIGHT AS WELL JUST TEAR IT DOWN. COMMISSIONER LYONS FELT WE SHOULD FORGET THAT PART TEMPORARILY AND SUGGESTED WE GO AHEAD AND GET STARTED WHILE THE SCHOOL BOARD IS MAKING UP ITS MIND. THE BOARD THEN DISCUSSED THE TOTAL AMOUNT OF SPACE THE SCHOOL BOARD WANTS, THE COST AND HOW IT CAN BE FINANCED, AND COORDINATOR THOMAS NOTED THAT YOU CAN ISSUE UP TO A 30 YEAR BOND. HE FELT THE FINANCES CAN BE ADJUSTED TO WORK THIS OUT WHEN A DECISION IS REACHED AS TO HOW WE WISH TO PROCEED. CHAIRMAN WODTKE'STATED THAT HE JUST WISHED TO GET TO A POINT WHERE HE CAN ASK THE SCHOOL BOARD TO MAKE A TENTATIVE DECISION BASED ON A CERTAIN NUMBER OF DOLLARS A SQUARE FOOT. COMMISSIONER LOY FELT WE NEED TO MEET WITH THE ARCHITECTS IN THE INTERIM BECAUSE THERE ARE TOO MANY QUESTIONS TO PREVAIL UPON THE STAFF TO RESOLVE THEM ALL. 61 FEB 2 11979 BOOK 39 PAGE 142 I CHAIRMAN WODTKE NOTED THAT A SUGGESTION HAS BEEN MADE THAT A COMMITTEE BE APPOINTED TO REPRESENT THE BOARD AND WORK WITH THE.ASSISTANT ADMINISTRATOR, SIR. KONTOULAS, AND THE ARCHITECTS. HE BELIEVED THIS MIGHT BE A GOOD IDEA AND RECOMMENDED THAT WE HAVE ONE COMMISSIONER AND SOME KNOWLEDGEABLE LAY PEOPLE ON SUCH A COMMITTEE. COMMISSIONER SIEBERT AGREED THAT WE NEED A COMMITTEE, AND COMMISSIONER LOY FELT THAT FORMER COMMISSIONER .JACK DRITENBAS.WOULD HELP US. CHAIRMAN WODTKE CONTINUED THAT HE WOULD NOT FEEL COMFORTABLE ABOUT MAKING A DECISION ON THE CONTRACT AT THIS TIME AND NOTED THAT HE IS, NO DOUBT, SKEPTICAL BECAUSE OF OTHER PROBLEMS OF THIS NATURE IN THE COUNTY IN THE LAST FEW YEARS. HE NOTED THAT WE ORIGINALLY WERE LOOKING AT 2 MILLION AND NOW ARE LOOKING AT 3-1/2 TO 4 MILLION DOLLARS, AND HE WANTS TO BE ABLE TO ASSURE THE PUBLIC THAT WE REALLY HAVE THINGS LINED UP. IN THE MEANTIME, HOWEVER, WE DO NEED TO APPROACH THE SCHOOL BOARD OFFI- CIALLY, AND GET SOME STRONGER DIRECTION FROM THEM BEFORE WE GO INTO THE DESIGN PHASE. COORDINATOR THOMAS REITERATED THAT THE FINANCES CAN BE WORKED OUT FOR THE SCHOOL BOARD, PROBABLY ON THE BASIS OF A 25 YEAR BOND. PSR. KONTOULAS INFORMED HIM THAT THE SCHOOL BOARD CWT GO OVER 30 YEARS IN ANY EVENT. DISCUSSION CONTINUED ON GETTING FIGURES FOR THE SCHOOL BOARD ' AND CONTACTING THEM, AND COMMISSIONER SIEBERT FELT WE JUST HAVE TO COME UP WITH THE BEST IDEA OF WHAT THE COST WILL BE AND ADD A MARGIN FOR ERROR. ATTORNEY COLLINS AGREED AND NOTED THAT FOR ALL PRACTICAL PUR- POSES, THERE IS NO WAY TO KNOW EXACT FIGURES UNTIL.THE BIDS COME IN. -COMMISSIONER LYONS ALSO AGREED THAT THE FIGURE WILL HAVE TO BE BASED ON THE ESTIMATIONS BECAUSE WE KNOW AS MUCH RIGHT NOW AS WE WILL KNOW FOR A LONG TIME. CHAIRMAN WODTKE ASKED -WHAT FIGURE THE BOARD WISHED HIM TO TAKE TO THE SCHOOL BOARD. DISCUSSION FOLLOWED REGARDING A PRICE PER SQUARE FOOT OF FROM $30 TO $33 TO $35. COMMISSIONER SIEBERT BELIEVED IT WILL COST AROUND 62 ' F E B 2 11979 BOOK 39 PACE 143 $33 PER SQ. FT. AND THAT WE SHOULD GIVE THE SCHOOL BOARD A FIGURE OF $35 PER SQ. FT. AND THEN HOLD IT TO THAT IF WE HAVE TO CUT BACK TO DO IT. MR. NELSON FELT THAT IS A GOOD SOLID FIGURE AND WE CAN CONTROL IT. CHAIRMAN WODTKE PREFERRED A FIGURE OF $30, BUT IT WAS POINTED OUT THAT WHILE YOU CAN ALWAYS COME DOWN, YOU CAN T GO UP. MR. KONTOULAS REMINDED THE BOARD THAT THE ARCHITECT`S FEE AND THE LANDSCAPING IS NOT INCLUDED IN THE $30 PER SQ. FT. FIGURE, AND, IN ADDITION, MAINTENANCE OF THE BUILDING IS A FACTOR. MR, KONTOULAS CON- TINUED THAT, ON THE POSITIVE SIDE, YOU MUST TAKE INTO CONSIDERATION THE LAND OBTAINED ALONG WITH THE PURCHASE OF THE HOSPITAL AND THE FACT THERE IS SOME SALVAGE VALUE. HE FELT THE COUNTY IS BETTER OFF RENOVATING THAN THEY EVER WOULD HAVE BEEN TO CONSIDER A NEW BUILDING SINCE CONSTRUCTION COSTS FOR OFFICE BUILDINGS CAN RUN AS HIGH AS $75 PER SQ, FT. IT WAS GENERALLY AGREED TO APPROACH THE SCHOOL BOARD WITH A FIGURE OF $35 PER SQ, FT. THE CHAIRMAN ASKED IF WE WILL CONSIDER 30 YEARS ON THE BOND, AND THE COORDINATOR DID NOT.FEEL WE SHOULD MAKE THAT DECISION YET. MR. NELSON STATED THAT HE BELIEVES THE SCHOOL BOARD WANTS A MINIMUM OF 21,000 SQ. FT., ANIJ COORDINATOR THOMAS FELT THAT IS WITHIN THE $50,000-$60,000 RANGE. THE FINANCE OFFICER AGREED THAT AT 6% IT IS RIGHT AT $60,000 ANNUALLY. ASSISTANT ADMINISTRATOR NELSON INQUIRED IF THE BOARD WISHED TO HAVE A WORKSHOP MEETING WITH REPRESENTATIVES FROM CONNELL, METCALF & EDDY OR JUST HAVE ONE COMMISSIONER MEET WITH THEM. COMMISSIONER Loy STATED THAT SHE FELT IT WOULD BE TOO DIFFICULT FOR ONE COMMISSIONER BECAUSE THERE ARE JUST TOO MANY QUESTIONS. COMMISSIONER LYONS ASKED IF THEY ARE THINKING ABOUT A CITIZENS COMMITTEE, AND CHAIRMAN WODTKE FELT A COMMISSIONER SHOULD BE ASSIGNED TO THE PROJECT WHO WOULD HAVE THE AUTHORITY TO UTILIZE THE EXPERTISE OF SOMEONE SUCH AS .JACK DRITENBAS. COMMISSIONER LYONS INFORMED THE BOARD THAT HE KNOWS OF A MAN WHO WAS CONSTRUCTION ENGINEER WITH UNION CARBIDE AND HAS EXPERIENCE IN 63 FEB 2 11979 BOOK 39 PAGE 144 CONSTRUCTION OF LARGE PROJECTS, AND WOULD BE INTERESTED IN HELPING, AND HE WOULD LIKE TO BOARD TO CONSIDER SOMEONE LIKE THAT. COMMISSIONER SIEBERT SUGGESTED THAT WE WAIT ON FORMING A COMMITTEE UNTIL AFTER WE GET THE CONTRACT SIGNED. HE FELT WE NEED TO GET AN ANSWER FROM THE SCHOOL BOARD FIRST. ATTORNEY COLLINS AGREED THAT WE SHOULD TALK TO THE SCHOOL BOARD BEFORE MAKING A COUNTER OFFER TO CONNELL, METCALF & EDDY. CHAIRMAN WODTKE NOTED THAT WE ALSO NEED TO KNOW WHAT POSITION WE ARE IN WITH•THE HEALTH & REHABILITATIVE SERVICES REGARDING A LEASE OF THE 7,000 SQ. FT. HE NOTED THEY CANT SIGN ANYTHING FOR MORE THAN FIVE YEARS. HE CONTINUED THAT IN REGARD TO THE SCHOOL BOARD, THE DESIGN WILL HAVE TO MEET THEIR REQUIREMENTS, AND THEY WILL HAVE TO HAVE APPROVAL BY THE STATE DEPARTMENT OF EDUCATION BEFORE THEY CAN SIGN ANYTHING. THE CHAIRMAN NOTED THAT HE HAS A LETTER FROM THE SCHOOL BOARD INDICATING THEY ARE INTERESTED IN MAKING ARRANGEMENTS WITH THE COUNTY, BUT HE DID NOT KNOW HOW LONG ALL THIS WOULD TAKE. MR. KONTOULAS FELT IT IS POSSIBLE WE MIGHT NOT KNOW WHETHER THE STATE WILL APPROVE IT UNTIL THE CONSTRUCTION DRAWINGS ARE COMPLETE. COMMISSIONER SIEBERT COMMENTED THAT HE HAS BEGUN TO BELIEVE THAT WE MADE A MISTAKE IN NOT MOVIMG THE•ENTIRE COURTHOUSE OPERATION OVER TO THE HOSPITAL COMPLEX AND OFFERING THE COURTHOUSE TO THE SCHOOL BOARD. DISCUSSION CONTINUED ON HOW TO PROCEED. ' COMMISSIONER SIEBERT ASKED MR. KONTOULAS IF HE IS SATISFIED THAT CONNELL, METCALF & EDDY HAS THE ABILITY AND EXPERTISE TO COMPLETE THIS PROJECT, AND IN ADDITION, THE INITIATIVE TO DO SO. MR. KONTOULAS NOTED THAT CONNELL, METCALF & EDDY HAS AN ISO MAN STAFF, AND STATED THAT IT HAS BEEN HIS EXPERIENCE THAT WITH AN OFFICE THAT COMPLETE, THERE WOULD BE NO PROBLEM. HE NOTED THAT HE HAS*HAD NO .` PROBLEM WORKING WITH THEM IN THE FIELD AND ALSO STATED THAT HE DOES NOT FEEL THEIR FEE IS OUT OF LINE. COMMISSIONER SIEBERT STATED.THAT HE IS NOT SATISFIED WITH THE FIRST PRODUCT WE HAVE RECEIVED FROM THEM FOR THE PRICE WE PAID FOR IT. 64 BOOK 39 PACE 145 �J CHAIRMAN WODTKE AGREED THAT IS ALSO HIS PROBLEM AND HE WANTS TO BE SURE WE HAVE THE FIRM WE WANT TO DO THE WORK. HE CONTINUED THAT -HE IS GREATLY RELIEVED TO HAVE MR. KONTOULAS.WORKING FOR THE COUNTY AND HE FEELS THAT MOST OF THE CHANGES THAT HAVE BEEN WORKED OUT ARE THE RESULT OF WORKING WITH MR. KONTOULAS. THE CHAIRMAN CONTINUED TO DISCUSS THE PROPOSED RENOVATION, STRESSING THAT WE DO NOT WANT TO GO OVERBOARD AND TRY TO DO THIS IN A SUPER DELUXE MANNER BUT JUST MAKE IT FUNCTIONAL AND OPERATIVE. COMMISSIONER LYONS COMMENTED THAT THIS IS AN EXPENSIVE BUILDING TO REHABILITATE BECAUSE IT WAS NOT DESIGNED AS AN OFFICE BUILDING, AND HE FELT WE MUST EITHER SPEND THE MONEY TO GET IT TO REASONABLE STANDARDS OR FORGET -IT. CHAIRMAN WODTKE STATED THAT HE WILL CONTACT THE SCHOOL BOARD AND REPORT BACK AT THE NEXT MEETING. ASSISTANT ADMINISTRATOR NELSON NOTED THAT IN DECEMBER THE BOARD AUTHORIZED THE ESTABLISHMENT OF A MATERIAL MANAGEMENT DEPARTMENT AND AUTHORIZED THE HIRING OF A QUALIFIED MATERIAL MANAGEMENT DIRECTOR. HE INTRODUCED JAMES FLYNN, WHO HAS BEEN HIRED TO FILL THIS POSITION, AND NOTED THAT 1"•IR. FLYNN PREVIOUSLY HANDLED MATERIAL MANAGEMENT FOR THE INDIAN RIVER COMMUNITY COLLEGE AND AL60 FOR C M F SYSTEMS IN .JACKSONVILLE. HE STATED THAT MR. FLYNN HAS -DRAFTED A PROCEDURE FOR THE MANAGEMENT OF MATERIALS AND WILL NOW PRESENT THIS TO THE BOARD FOR APPROVAL. MR. FLYNN INFORMED THE BOARD THAT HE REVIEWED THE LAST AUDIT REPORT AND EVEN CONTACTED THE AUDITOR GENERAL BEFORE COMING UP WITH HIS PROPOSED GUIDELINES. HE PROCEEDED TO REVIEW THE SUGGESTED GUIDELINES. CHAIRMAN WODTKE DISCUSSED IE (3) ON PAGE 2 WHERE IT STATES THAT NO MEMBER OF THE STAFF SHALL RECEIVE ANY PERSONAL BENEFIT FROM ANY CONTRACT OR PURCHASE AND ASKED HOW THIS WOULD APPLY TO THE STAFF'S FAMILY .' ` PEMBERS. • COMMISSIONER SIEBERT FELT FAMILY WOULD BE A PROBLEM, AND ATTORNEY COLLINS STATED THAT IF IT IS IMMEDIATE FAMILY, IN HIS OPINION, THERE WOULD BE A PERSONAL BENEFIT. 65 FEB 211979 BOOK 39 PAGE 146 1 MR, FLYNN CONFIRMED THAT THE ATTORNEY GENERAL'S OPINION IS THAT A HUSBAND, WIFE, OR BLOOD CHILD, CANNOT RECEIVE ANY BENEFIT. CHAIRMAN WODTKE STATED THAT HE ALSO WISHED TO BE SURE THAT NOTHING WAS PURCHASED FROM ANY OF THE MEMBERS OF THE BOARD, AND'MR. FLYNN FELT THAT IS DEALT WITH IN THE CONFLICT OF INTEREST LAW. COMMISSIONER SIEBERT POINTED OUT THAT AS MEMBERS OF THE BOARD, ALL COMMISSIONERS ARE COUNTY EMPLOYEES. COMMISSIONER SIEBERT SUGGESTED DELETING THE PHRASE "MADE BY THE BOARD OF COUNTY COMMISSIONERS" AT THE END OF IE (3) BECAUSE AT SOME POINT IN TIME MR. FLYNN MAY BE MAKING A PURCHASE FOR OTHERS THAN THE BOARD. COMMISSIONER LYONS AGREED THAT OTHER OFFICIALS MIGHT JOIN, AND THIS SHOULD BE MADE BROAD ENOUGH TO ALLOW FOR THAT POSSIBILITY. COMMISSIONER Loy POINTED OUT THAT THE BOARD DOES MAKE PURCHASES FOR OTHERS, SUCH AS THE SHERIFF, THE PROPERTY APPRAISER, AND SHE FELT IT* IS ALL RIGHT AS IT IS. IT WAS AGREED TO LEAVE THE PHRASE AS IT WAS. CHAIRMAN WODTKE DISCUSSED PURCHASING OBJECTIVES ON PAGE 4. HE FELT IT SHOULD BE AN OBJECTIVE OF THE PURCHASING DEPARTMENT TO TRY TO WORK WITH ALL CONSTITUTIONAL OFFICERS TO SEE IF WE CAN BENEFIT THEM IN THEIR PURCHASING AND ASSIST THEM. ASSISTANT ADMINISTRATOR NELSON THOUGHT THIS WOULD BE INCLUDED UNDER IB (2) "TO EXCHANGE IDEAS AND INFORMATION WITH OTHER PUBLIC PUR- CHASING AGENCIES IN AN EFFORT TO SOLVE COMMON PROBLEMS," BUT THE CHAIRMAN FELT THIS WOULD REFER TO AGENCIES SUCH AS THE SCHOOL BOARD. COMMISSIONER SIEBERT SUGGESTED TO CLARIFY THIS, ITEM (7) SHOULD BE ADDED TO IB AS FOLLOWS: TO MAKE PURCHASING SERVICES AVAILABLE TO OTHER CONSTITUTIONAL OFFICERS OF THE COUNTY AND TO WORK FOR STANDARDIZED PURCHASING PROCEDURES THROUGHOUT ALL COUNTY GOVERNMENTAL AGENCIES. THE BOARD AGREED, AND DISCUSSION FOLLOWED ON MAKING THIS APPEALING TO THE OTHER OFFICIALS AND SAVING THEM MONEY. CHAIRMAN WODTKE THEN DISCUSSED 2-2, BID GUIDELINES, AND STATED THAT HE FEELS $2,500 IS A BIT HIGH FOR A MINIMUM ON ITEMS THAT WILL BE LET FOR BID. FEB 2 11979 .• BOaK 39 PAGE 14 7 MR.-FLYNN EXPLAINED THAT IT IS EASIER TO NEGOTIATE FOR YOUR DOLLAR VALUE UP TO ABOUT $2,500 AND POINTED OUT THAT THIS IS NOT.FIRM BECAUSE THE ADMINISTRATOR CAN INSTRUCT HIM TO BID ON ANYTHING. THIS JUST PROVIDES SOME LATITUDE. CHAIRMAN WODTKE THEN QUESTIONED THE WORDING "UNIT VALUE" AND ASKED HOW THIS WOULD APPLY TO $10,000 WORTH OF PAPER. MR. FLYNN STATED THAT UNIT VALUE IS USUALLY A "ONE BUY" - THE COST PER BUY. AFTER -FURTHER DISCUSSION, IT WAS AGREED TO REWORD THE SECOND PARAGRAPH UNDER 2A ON PAGE 4 AS FOLLOWS: "PURCHASES WITH A VALUE OF $2,500 OR MORE WILL BE LET FOR BIDDING. THIS DOES NOT ELIMINATE THE POSSIBILITY OF BIDDING ITEMS WITH A LOWER VALUE THAN $2,500 SHOULD THE COUNTY ADMINISTRATOR FEEL THAT IT WOULD BE IN THE BEST INTEREST OF THE COUNTY TO DO SO." COMMISSIONER SIEBERT REVIEWED PAGE 5 AND NOTED THAT SPECIFICA- TIONS CAN BE WRITTEN SO THAT THEY EXCLUDE ALL BUT ONE BIDDER. HE FELT IT SHOULD BE STATED SPECIFICALLY THAT SPECIFICATIONS SHALL NOT BE WRITTEN TO EXCLUDE PRODUCTS OR EQUAL OR COMPARABLE QUALITY. MR. FLYNN POINTED OUT THAT IT SAYS "SPECIFICATIONS ... MAY BE MODIFIED TO PERMIT COMPETITIVE"BIDDING AND TO PROVIDE FOR A LEVEL OF QUALITY COMMENSURATE WITH THE INTENDED USE OF THE ARTICLE." COMMISSIONER SIEBERT NOTED THAT THIS SAYS "MY BE" SO YOU COULD STILL SEND OUT SPECIFICATIONS THAT WOULD ELIMINATE EVERYONE EXCEPT ONE BIDDER. IT WAS AGREED TO ADD THE FOLLOWING TO SECTION (B) ON PAGE 5: "SPECIFICATIONS WILL NEVER BE WRITTEN IN SUCH A WAY THAT ONLY ONE SOURCE OR VENDOR WOULD QUALIFY.". COMMISSIONER SIEBERT ASKED IF A BID BOND IS THE SAME AS A PERFORMANCE BOND, AND MR. FLYNN STATED THAT IT IS NOT, HE COMMENTED THAT THE BOARD RESERVES THE RIGHT TO REQUIRE A PERFORMANCE BOND. COMMISSIONER SIEBERT ASKED ABOUT THE PURPOSE OF A BID BOND, AND MR. FLYNN EXPLAINED THAT A BID BOND IS NORMALLY REQUIRED FOR LARGE JOBS TO QUALIFY THAT A BIDDER IS FINANCIALLY STABLE. HE NOTED THAT IF A LOCAL VENDOR DOESN'T LIVE UP TO HIS BID, YOU SIMPLY TAKE HIM OFF YOUR BID LIST. LL ��A FEB 2 11979 BooK 39 PAGE 148 ti COMMISSIONER SIEBERT STATED THAT ON PAGE 7, (4) (B) AFTER BID OPENING, HE INTERPRETS IT TO SAY THAT A BID CAN BE WITHDRAWN WITHOUT PENALTY BEFORE 45 DAYS. COMMISSIONER LOY FELT THIS STATED THAT YOU MUST STAY, WITH YOUR BID FOR 45 DAYS, AND ATTORNEY COLLINS ALSO FELT IT SAYS THE BIDS MADE MUST BE IN EFFECT AND HOLD FOR 45 DAYS. COMMISSIONER Loy SUGGESTED THAT THIS BE REWORDED TO -STATE THAT "WITHDRAWING WITHOUT PENALTY WILL NOT BE PERMITTED FOR 45 DAYS FOLLOWING THE BID OPENING," AND THE BOARD AGREED THIS WAS BETTER. CHAIRMAN WODTKE NOTED THAT IN (5) ON PAGE 7 IT IS NOT PERMITTED TO PASS OVER A LOW BID MEETING SPECIFICATIONS IN FAVOR OF A HIGHER BID WHICH EXCEEDS SPECIFICATIONS. HE COMMENTED THAT WE HAD AN INSTANCE SEVERAL WEEKS AGO WHERE THIS HAPPENED, AND HE FELT IT DEPENDS ON HOW THE SPECIFICATIONS ARE WRITTEN. MR. FLYNN AGREED THAT SPECIFICATIONS MUST BE WRITTEN SO YOU DON'T HAVE A LOOPHOLE AND SO THAT YOU GIVE ALL BIDDERS AN EQUAL SHOT. DISCUSSION FOLLOWED ON SPLITTING OF BIDS, AND MR. FLYNN STATED THAT THIS IS COVERED. HE THEN EXPLAINED "BLANKET PURCHASE ORDERS" AND NOTED THAT HE WILL ARRANGE TO HAVE THESE WITH CERTAIN COMPANIES SO THAT PERSONNEL WHO HAVE APPROVED REQUISITIONS CAN UTILIZE THEM, CHAIRMAN WODTKE REFERRED TO PAGE 9 AND INQUIRED ABOUT THE BID COMMITTEE. MR. FLYNN STATED THAT A BID COMMITTEE IS APPOINTED BY THE BOARD AND SHOULD CONSIST OF AT LEAST THREE PEOPLE. THE BIDS ARE OPENED PUBLICLY, AND THE PRICES ARE TABULATED AND RECORDED. THIS GIVES TIME TO MAKE EVALUATIONS AND DO THE HOMEWORK AND PAPERWORK FOR THE BOARD. HE FELT THIS IS A GOOD SYSTEM, WHICH SAVES BOTH TIME AND POSSIBLE EMBARRASS- MENT. HE POINTED OUT THAT ONLY THE BOARD CAN MAKE THE AWARD. THE PURCHASING AGENT IS NOT ON THE BID COMMITTEE; HE IS AN ADVISOR; AND THE COMMITTEE CAN BE ANYONE THE BOARD WISHES TO APPOINT. ASSISTANT ADMINISTRATOR NELSON FELT THAT A BID COMMITTEE IS JUST ABOUT THE SAME AS THE PRESENT SYSTEM OF GIVING THE BIDS TO THE ADMINISTRATOR AND HIS STAFF. HE NOTED THAT THEY RUN OUT AND TRY TO FEB 211979 68 BOOK 39 PAGE149 ANALYZE THEM, AND IT HASNIT BEEN WORKING OUT ALL THAT WELL. HE STATED THAT HE WOULD'RECOMMEND FOR A BID COMMITTEE, POSSIBLY HIMSELF, PERSONNEL .DIRECTOR DONLON AND GENE HAMILTON. HE STATED THEY WOULD ANALYZE THE BIDS AND PROBABLY GO THROUGH THE ADMINISTRATOR BEFORE COMING BACK TO:THE BOARD WITH A RECOMMENDATION. HE FELT THAT THIS PROCEDURE WOULD BE A LITTLE MORE ORGANIZED THAN THE PRESENT PROCEDURE. COMMISSIONER Loy STATED THAT SHE WILL PRESENT NO FURTHER OBJECTIONS TO CHANGING THE BIDDING PROCEDURE, AND CHAIRMAN WODTKE AGREED THAT HE WOULD GIVE THEM A CHANCE TO SHOW HIM HOW IT WILL WORK, THE CHAIRMAN ASKED IF (H) ON PAGE 9 IN REGARD TO KEEPING THE RECOMMENDATIONS ON BID AWARDS CONFIDENTIAL WOULD PRESENT ANY PROBLEM. ATTORNEY COLLINS AGREED THIS COULD BE A PROBLEM, BUT FELT WE SHOULD JUST TRY THE PROCEDURE AND SEE WHAT HAPPENS. FINANCE OFFICER BARTON REFERRED TO PAGE IO AND NOTED THAT TO HANDLE PURCHASE ORDERS AS SET OUT IN THESE GUIDELINES WILL REQUIRE SETTING UP AN ENCUMBRANCE SYSTEM. HE INFORMED THE BOARD THAT AT THE PRESENT TIME THE ACCOUNTING DEPARTMENT DOES NOT HAVE AN ENCUMBRANCE. SYSTEM AND DOES NOT HAVE THE CAPACITY TO PUT ONE ON THE COMPUTER. MR. FLYNN STATED THAT HE PUT THIS IN THE GUIDELINES AFTER STUDYING THE AUDITOR S REPORT WHICH STATED THAT THE -COUNTY IS NOT ENCUM- BERING ACCOUNTS AS REQUIRED. MR. BARTON INFORMED THE BOARD THAT THIS WOULD REQUIRE REPRO - CRAMMING THE ENTIRE ACCOUNTING PACKAGE. COMMISSIONER SIEBERT NOTED THAT THE SYSTEM IS GOING TO BE CHANGED ANYWAY, AND THE FINANCE OFFICER NOTED THAT CHANGE WOULD NOT ENTAIL REWRITING EVERY PROGRAM. HE CONTINUED THAT HE PERSONALLY DOES NOT BELIEVE IN AN ENCUMBRANCE SYSTEM. HE EXPLAINED THAT IN AN ENCUMBRANCE SYSTEM, j AS SOON AS_A PURCHASE ORDER IS MADE, THE AMOUNT OF THE ORDER IS IMME- DIATELY CHARGED TO THE SPECIFIC EXPENDITURE ACCOUNT AND THEN THIS AMOUNT IS PUT INTO A SPECIAL ACCOUNT AND HELD. WHEN THE ORDER COMES THROUGH TO PAY, YOU REVERSE THIS PROCEDURE AND PAY'IT FROM THE ENCUMBERED ACCOUNT, WHICH AMOUNTS TO DOING IT ALL TWICE. BOOK 39 PAGE 150 FEB 2 11979 I 1 CHAIRMAN WODTKE NOTED THIS MUST GO THROUGH ACCOUNTING TO BE SURE THE MONEY IS IN THE BUDGET. MR. FLYNN POINTED OUT THAT IF YOU DONT ENCUMBER FUNDS, YOU DON'T KNOW HOW MUCH YOU HAVE ON HAND AND HOW MUCH YOU HAVE SPENT. AN ENCUMBRANCE SYSTEM WILL GIVE YOU AN OUTSTANDING PURCHASE ORDER LIST MONTHLY, WHICH HE FELT IS IMPORTANT, BECAUSE ORDERS ARE NOT ALWAYS COMPLETELY FILLED AND HAVE BACK -ORDERED ITEMS, WHICH CAN CAUSE A PROBLEM. COMMISSIONER SIEBERT AGREED THIS IS IMPORTANT SO THAT WHEN WE ORDER SOMETHING, THE FUNDS CAN'T BE USED.ELSEWHERE IN THE MEANTIME, AND SO THAT AT THE END OF THE YEAR WE KNOW WHAT IS STILL ON ORDER. MR. BARTON AGREED THAT THIS IS NECESSARY AT THE END OF THE YEAR, BUT NOT DURING THE YEAR, HE FELT IT IS NOT WORTH IT TO GET EXTRA PEOPLE JUST TO HANDLE THIS. COMMISSIONER LOY ASKED WHAT WOULD BE THE ALTERNATIVE, AND MR. BARTON NOTED THAT WE HAVE A MANUAL PURCHASE ORDER SYSTEM. ASSISTANT ADMINISTRATOR NELSON STATED THAT HE HAD NOT UNDER- STOOD IT WOULD BE THAT MUCH OF A PROBLEM'AND REQUIRE REPROGRAMMING THE WHOLE SYSTEM. HE FELT WE WILL NEED THIS EVENTUALLY, IN ANY EVENT. MR. FLYNN SAID HE HAD FELT THIS COULD BE DONE WITH THE NEW EQUIPMENT, BUT NOT THE PRESEN'r EQUIPMENT. FINANCE OFFICER BARTON STATED THAT HE JUST DOES NOT WANT THE BOARD TO EXPECT THIS TO BE IMPLEMENTED RIGHT NOW. IT WOULD HAVE TO BE IMPLEMENTED WHEN THE NEW MACHINERY ARRIVES. COMMISSIONER SIEBERT STATED THAT HE WOULD HOPE IT WOULD NOT BE NECESSARY TO HIRE ADDITIONAL PEOPLE TO HANDLE THIS AFTER THE NEW EQUIP- MENT ARRIVES. THE FINANCE OFFICER POINTED OUT THAT YOU HAVE TO KEY PUNCH ALL THIS INFORMATION INTO THE MACHINE AND TO DO THIS PROPERLY, WHENEVER MORE THAN ONE DEPARTMENT IS INVOLVED IN A PURCHASE ORDER, THAT ORDER WILL HAVE TO BE BROKEN DOWN IN ORDER TO CHARGE IT TO THE CORRECT DEPARTMENTS. COMMISSIONER LOY FELT THE ORDER ITSELF WILL TELL YOU EXACTLY WHO IT IS FOR AND HOW IT IS ALLOCATED, AND MR. FLYNN AGREED THAT THIS WILL BE IN THE ACCOUNTING DATA ON THE PURCHASE ORDER, BaoK 39 pacE �.5 I �Y L IN FURTHER DISCUSSION, IT WAS AGREED THAT IT IS UNDERSTOOD THAT THE ENCUMBRANCE SYSTEM CANNOT BE IMPLEMENTED UNTIL THE NEW EQUIPMENT ARRIVES. CHAIRMAN WODTKE ASKED WHO IS A RESPONSIBLE VENDOR, AND MR. FLYNN STATED THAT IT IS ONE WITH A BUSINESS LICENSE IN GOOD STANDING. HE FURTHER NOTED THAT HE GETS LISTS FROM THE STATE THAT KEEP HIM AWARE OF FIRMS HE SHOULD NOT DO BUSINESS WITH. COMMISSIONER SIEBERT NOTED THAT ON PAGE 11, 3E STATES THAT ALL INCREASES ON A CHANGE ORDER REQUIRE THE APPROVAL OF THE ORIGINATOR. MR. FLYNN EXPLAINED THAT THIS IS BECAUSE IT AFFECTS THE ORIGI- NATOR °S BUDGET. COMMISSIONER SIEBERT THEN DISCUSSED EMERGENCY PURCHASE ON PAGE 12, AND ASKED IF MR. FLYNN DIDN'T FEEL THAT AN EMERGENCY PURCHASE SHOULD BE APPROVED BY THE ADMINISTRATOR. MR. FLYNN NOTED THAT IN CASE THE ADMINISTRATOR IS NOT AT THE COURTHOUSE, HE WILL CALL HIM TO GET APPROVAL. THE CHAIRMAN ASKED WHAT DOLLAR -LIMIT THERE IS ON AN EMERGENCY PURCHASE, AND MR. FLYNN STATED THAT THERE IS NONE, BUT HE IS PROTECTED BECAUSE THE COUNTY ADMINISTRATOR MUST APPROVE IT. COMMISSIONER SIEBERT FELT EMERGENCY PURCHASES SHOULD BE APPROVED BY THE ADMINISTRATOR, OR HIS DESIGNATE, DURING NORMAL WORKING HOURS. COMMISSIONER SIEBERT BROUGHT UP (1) AT THE TOP OF PAGE 14 WHICH STATES THAT ALL REQUISITIONS MUST BE FOR ITEMS INCLUDED IN THE CURRENT BUDGET AND ANY EXCEPTIONS MUST BE APPROVED BY THE ADMINISTRATOR. HE FELT ANY EXCEPTIONS WOULD HAVE TO COME BACK TO THE BOARD. MR. FLYNN FELT THIS WOULD REQUIRE A CHANGE ORDER OR BUDGET AN;ENDMENT,AND THE CHAIRMAN POINTED OUT THAT THE ADMINISTRATOR WILL NOT APPROVE A BUDGET AMENDMENT WITHOUT COMING TO THE BOARD, CHAIRMAN WODTKE INQUIRED ABOUT PROCEDURES, AND ASKED IF SOMEONE, FOR INSTANCE, NEEDS PENS OR PENCILS, HOW THEY GO ABOUT GETTING THEM. MR. FLYNN EXPLAINED THAT THEY WOULD MAKE UP A REQUISITION AND SUBMIT IT TO PURCHASING. HE NOTED THAT THEY EVENTUALLY WILL HAVE OFFICE SUPPLIES IN STOCK, ONCE THEY GET A WAREHOUSE. HE CONTINUED THAT WE COULD 71 Boal 39 152 USE A SELF—SERVICE CREDIT CARD SYSTEM FOR VARIOUS DEPARTMENTS, AND FURTHER NOTED THAT IF YOU CENTRALIZE THROUGH BULK BUYING, YOU CAN REALLY SAVE MONEY. CHAIRMAN WODTKE FELT THAT HERE AGAIN SOME ACCOUNTING'FUNCTIONS WILL BE REQUIRED, AND THE FINANCE OFFICER STATED THAT THIS CAN BE.HANDLED BY SETTING UP ASTORES ACCOUNT, AND THEY WILL HAVE A BUDGET TO BUY AND WILL BE REIMBURSED BY THE VARIOUS DEPARTMENTS. THE BOARD THEN REVIEWED THE VARIOUS FORMS, PURCHASE ORDERS, REQUISITIONS, BID SHEETS, ETC. ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE PURCHASING GUIDELINES AS ATTACHED TO THE MEMO OF FEBRUARY 16, 1979, FROM ADMINISTRATOR .JENNINGS, WITH THE CHANGES INTRODUCED BY THE BOARD AT THIS MEETING. SAID GUIDELINES WILL BE MADE A PART OF THE MINUTES WHEN CORRECTED. THE BOARD THEN PROCEEDED TO DISCUSS A COMMITTEE FOR BID OPENINGS. MR. NELSON NOTED THAT NORMALLY DURING THE TIME WE HAVE BID OPENINGS, GENE HAMILTON IS AROUND THE COIdRTHOUSE, AND HE IS INVOLVED IN A LOT OF THE ANALYSES. HE'SUGGESTED THAT EXTRA PEOPLE COULD BE DESIGNATED, AND WE COULD USE WHOEVER IS AVAILABLE AT THE TIME. THE ADMINISTRATOR STATED THAT HE WOULD HAVE NO OBJECTION TO MR, HAMILTON BEING ON THE.COMMITTEE WHEN HEAVY EQUIPMENT IS INVOLVED, BUT DID NOT FEEL HE IS NEEDED FOR MANY THINGS WE BID ON. HE POINTED OUT THAT MR, HAMILTON IS HIS KEY MAN IN THE FIELD AND TO HAVE HIM ON THIS COMMITTEE FULL TIME MIGHT REQUIRE SOME ADJUSTMENTS, THE ADMINISTRATOR FELT POSSIBLY .JACK FLINT COULD SIT IN ON THE BID OPENINGS AND GENE HAMILTON COULD BE CALLED IN FOR EVALUATIONS. COMMISSIONER LYONS SUGGESTED THAT THEY CQME BACK WITH A RECOM— MENDATION FOR THE NEXT MEETING. MR. NELSON AGREED THAT THEY CAN DO THIS BECAUSE A COMMITTEE WON T BE NEEDED BEFORE THAT TIME ANYWAY. COMMISSIONER SIEBERT NOTED THAT WHEN THE BID RECOMMENDATIONS COME TO THE BOARD, HE WANTS A FULL LIST OF ALL BIDDERS, AND MR. NELSON STATED THAT THE BOARD WILL GET THE BID TABULATION FORM PLUS A CERTIFICA— TION.THAT IT WAS LEGALLY BID AND OPENED. 72 BOOK 39 PAGE 153 11 CHAIRMAN WODTKE ASKED WHO MAKES THE CERTIFICATION, AND MR. NELSON FELT IT COULD BE DONE BY THE PURCHASING AGENT. THE CHAIRMAN ASKED WHAT HAPPENS IF A LEGAL QUESTION ARISES, AND MR. NELSON STATED THAT THEY CAN TELEPHONE THE ATTORNEY. Hip FURTHER NOTED THAT BID OPENINGS CAN BE ADJOURNED AND REOPENED. CHAIRMAN WODTKE FELT DOCUMENTATION THAT THE BIDS WERE LEGALLY RECEIVED SHOULD COME FROM OUR ATTORNEY. ATTORNEY COLLINS STATED THAT HE INITIALLY WILL REVIEW THE BID PROCESS AND SEE TO WHAT DEGREE HIS INVOLVEMENT IS NECESSARY. HE DID NOT SEE WHY, IF WE HAVE A CERTIFICATION THAT THESE WERE RECEIVED AT SUCH A TIME AND PLACE, HE COULDNIT REVIEW THE AD FOR COMPLIANCE AT A LATER DATE. DISCUSSION FOLLOWED IN REGARD TO NOTIFYING DISQUALIFIED BIDDERS, AND MR. NELSON POINTED OUT THAT THE GUIDELINES STATE THAT "UNSUCCESSFUL BIDDERS WILL NOT BE NOTIFIED." IN FURTHER DISCUSSION, IT WAS AGREED THAT THE ADMINISTRATOR SHOULD MAKE RECOMMENDATIONS IN REGARD TO A BID COMMITTEE, AND WE WOULD PROCEED FROM THERE TO SEE HOW IT WORKS OUT. COMMISSIONER $IEBERT INFORMED THE BOARD THAT HE WISHED TO MAKE A MOTION IN REGARD TO THE PLANNING DEPARTMENT. MOTION WAS MADE BY COMMISSIONER $IEBERT, SECONDED BY COMMIS- SIONER Lo Y, THAT THE PLANNING DEPARTMENT BE AUTHORIZED TO HAVE A POSITION OF PLANNER 2, PROVIDED, HOWEVER, THAT IT IS NOT CONSTRUED TO MEAN AN + INCREASE IN THE TOTAL NUMBER OF PERSONNEL IN THAT DEPARTMENT. COMMISSIONER LYONS INQUIRED ABOUT THE REASON FOR SUCH A MOTION, AND COMMISSIONER $IEBERT EXPLAINED THAT THERE IS QUALIFIED PERSONNEL IN THIS DEPARTMENT WHO HAS BEEN DOING THE JOB OF A PLANNER 2 FOR SOMETIME, AND A POSSIBILITY THAT THEY WILL BE PUT INTO SUCH A CLASSIFICATION. CHAIRMAN WODTKE ASKED IF THIS HAS BEEN DISCUSSED WITH THE PERSONNEL DEPARTMENT, AND THE ADMINISTRATOR STATED THAT IT HAS NOT AT THIS POINT. HE CONTINUED THAT IT WILL BE DISCUSSED WITH THE PEOPLE MAKING THE JOB CLASSIFICATION STUDY AND NOTED THAT HE HAS NO OBJECTION TO CREATING SUCH A CLASSIFICATION FOR THE PLANNING DEPARTMENT; BUT ASKED IF IT IS THE UNDERSTANDING THAT THERE WILL Be NO CHANGES MADE UNTIL WE GO THROUGH THE COMPLETE EVALUATION. 73 FEB 211979 B60K 39 PACE x.54 d I 0 COMMISSIONER SIEBERT STATED THAT WASN'T HIS UNDERSTANDING. COMMISSIONER LYONS EXPRESSED CONCERN THAT WE ARE SUDDENLY INJECTING OURSELVES INTO THE ADMINISTRATOR'S AREA. HE FELT THE ADMINIS- TRATOR SHOULD REQUEST THIS OF THE BOARD RATHER THAN.VICE VERSA. COMMISSIONER SIEBERT STATED THAT THE PURPOSE OF HIS MOTION WAS TO AUTHORIZE THE POSITION AND ANY RECOMMENDATION ON FILLING THAT POSITION WOULD COME FROM THE ADMINISTRATOR. DISCUSSION CONTINUED ON THE WAY THE'REQUEST WAS PRESENTED, AND COMMISSIONER SIEBERT NOTED THAT THIS ACTUALLY IS NOT A NEW ITEM AND WAS BROUGHT UP AT THE MEETING OF OCTOBER 18, 1978. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER LYONS VOTING IN OPPOSITION. COMMISSIONER DEESON STATED THAT HE UNDERSTOOD THAT THE BOARD, BACK IN 1976, APPROVED THE PAINTING OF THE INTERIOR OF THE ROSELAND WOMEN'S CLUB. HE NOTED THAT THIS WAS NEVER DONE BECAUSE OF LEAKS IN THE ROOF. NOW THAT THE ROOF HAS BEEN REPAIRED, HE FELT THE INTERIOR SHOULD BE PAINTED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH.THE PAINTING OF THE INTERIOR OF THE ROSELAND WOMEN'S CLUB. 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. 61039 - 61188 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 6:55 O'CLOCK P.M. ATTEST: 'a CLERK FEB 2 11979 74 CHAIRMAN BOOK 39 FACE 155 i