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HomeMy WebLinkAbout5/7/1980MAY 7, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, MAY 7, 1980, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLIAM C. WODTKE, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE .JACK G. KENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. C,OLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY BARTON, FINANCE OFFICER; BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES AND JANICE W. CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND LESLIE M. AVCHIN, CHRIST UNITED METHODIST BY -THE -SEA, GAVE THE INVOCATION. CHAIRMAN SIEBERT THEN READ THE FOLLOWING PROCLAMATION TO EDWARD TRENT, WHO IS ASSOCIATED WITH INDIAN RIVER MEMORIAL HOSPITAL, DESIGNATING THE WEEK OF MAY 11 TO 16, 1980 AS NATIONAL HOSPITAL WEEK: MAY 71980 MAY 71980 Box 43 PacE 418 P R O C L A M A T I O N WHEREAS, the health and welfare of our citizens are of vital State and local concern; and WHEREAS, the rapid growth throughout the Nation during the past three years has added an ever increasing burden on the hospital and service facilities which strive to keep pace with the tremendous advancements of science and industry; and .,,. WHEREAS, despite many impediments, the;administration and personnel of these medical facilities have steadily adopted new technical and scientific discoveries, procedures and developments for the increased comfort and well-being of the patients to their care; and WHEREAS, a national week of recognition to be observed May 11 - 16, 1980 has been established in tribute to the exemplary works of these medical facilities through the United States; and WHEREAS, the Florida Hospital Association, Incorvorated, and similar associations across the country will conscientiousi., regard their many responsibilites and coals during that timo; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUN2Y COM14ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA That The Week of May 11 - 16, 1900 shall be designated as NATIONAL HOSPITAL WEEK and BE IT FURTHER PROCLAIMED that the Board urges all cit:�:e:• to join in saluting and supporting the continued dedication 0� these institutions to the alleviation of the pain and any-uis�i of the sick and injured. BOARD OF COUNTY CODUMISSIOTeERS C INDIAN RIVER COUNTY, FL RI•A By dill.ard~ Siebert, Jr. MR. TRENT THEN DISTRIBUTED A PACKET OF MATERIAL TO THE BOARD THAT THE HOSPITAL IS PRESENTING TO VARIOUS ORGANIZATIONS IN THE COUNTY URGING THEIR SUPPORT IN HAVING INDIAN RIVER BOULEVARD EXTENDED. COUNTY ADMINISTRATOR JENNINGS ADVISED THAT THE COUNTY HAS ENGAGED REYNOLDS, SMITH & HILLS TO WORK ON THE PERMITTING FOR INDIAN RIVER BOULEVARD. HE CONTINUED THAT THE ALIGNMENT HAS BEEN REDRAWN BUT HAS NOT BEEN FINALLY APPROVED BY THE DER. CHAIRMAN SIEBERT ASKED MR. TRENT TO PASS ALONG TO THE HOSPITAL TRUSTEES THAT THE EXTENSION OF INDIAN RIVER BOULEVARD IS A HIGH PRIORITY WITH THE BOARD. THE CHAIMAN ASKED IF THE COMMISSIONERS WISHED TO ADD ANYTHING TO THE AGENDA. COMMISSIONER DEESON REQUESTED ADDING AN ITEM CONCERNING A RESOLUTION REGARDING THE PAVING.OF STATE ROAD 512. COMMISSIONER LYONS REQUESTED ADDING THE PROPOSED AGREEMENT BETWEEN INDIAN RIVER SHORES AND INDIAN RIVER COUNTY REGARDING WATER AND SEWER,'AND DISCUSSION OF LETTER OF RESIGNATION FROM A MEMBER OF THE PLANNING & ZONING BOARD. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ADD THOSE EMERGENCY ITEMS TO THE AGENDA. CHAIRMAN SIEBERT ANNOUNCED THAT THE AMERICAN FLAG WOULD BE FLOWN AT HALF MAST UNTIL THE END OF THIS WEEK IN HONOR OF THE EIGHT MEN KILLED RECENTLY IN IRAN IN AN ATTEMPT TO RESCUE THE HOSTAGES, THE BOARD DISCUSSED THE FOLLOWING LETTER FROM FREDA WRIGHT IN THE CLERKS AGENDA: 4 3 _. MAY 71900 Boa 43 Fac -t 419 MAY 71980 Booz 43 Pani 420 TO: FROM: SUBJECT: May 1, 1980 BOARD OF COUNTY MVISSIONERS FREDA WRIGHT, CLERK OF CIRCUIT COURT VALIDATORS FOR RECORDING, CIRCUIT COURT and TRAFFIC The present cash validators being used by the three departments were purchased in 1964 (one) and 1967 (two) as re -conditioned equipment. The last time the service representative worked on the equipment he stated that parts are not available any more. If one of the machines were to break down I don't know what could be done. I would like to place on order three (3) IRR Model 5265 A-11 cash terminals at a cost of $4,143 each (total $12,429). This equipment will take at least 60 days for delivery. The equipment will be compati- ble with the IBM System 38 which is on order for delivery to Data Process- ing and it will also accumulate data to be used for imput to our current equipment. For the 7 months of this fiscal year the Clerk's office has returned to the Board of County Commissioners $327,281 in fines and fees while only drawing $250,836 from the Board for operating expenses. I am looking forward to discussing this budget amendment request at the May 7, 1980 Commission meeting. Sincerely, j . j Freda Wright FINANCE OFFICER BARTON EXPLAINED THE EQUIPMENT BEING REQUESTED IS COMPATIBLE WITH THE SYSTEM 38 THAT THE COUNTY PRESENTLY HAS ON ORDER, WHICH HAS A DISC THAT ACCUMULATES ALL OF THE DATA HE CONTINUED THAT THEY WOULD JUST FEED THE "FLOPPY" DISC INTO THE PRESENT EQUIPMENT AND THE FUTURE EQUIPMENT, AND IT WOULD AUTOMATICALLY BE UP -DATED. HE NOTED THAT THE DISCS CAN BE REPRODUCED; THE PROCESS NOW IS THAT EACH INDIVIDUAL RECEIPT MUST BE KEY-PUNCHED AND THIS AMOUNTS TO ABOUT 1-1/2 TO 2 HOURS OF KEY PUNCH TIME EACH DAY. MR. BARTON REPORTED THAT FOR EVERY SUPPORT CHECK, A WARRANT REQUEST MUST BE WRITTEN; THE COUNTY IS PROCESSING ABOUT 600 SUPPORT PAYMENTS A WEEK, WHICH IS MORE CHECKS THAN ANY OF THE OTHER FUNCTIONS OF THE COUNTY. HE ADVISED THAT THE MACHINES WOULD BE FOR THE CIRCUIT COURT, TRAFFIC, AND THE RECORDING DEPARTMENT, AND WOULD TAKE POSSIBLY TWO TO THREE MONTHS TO BE DELIVERED. COMMISSIONER LYONS FELT THE NEW VALIDATORS WOULD BE MORE ACCURATE AND WOULD SAVE TIME. COMMISSIONER Loy SUGGESTED THE ORDER BE PLACED FOR THE THREE VALIDATORS AND TAKE DELIVERY ON TWO OF THEM NOW AND DELIVERY ON THE THIRD ONE AFTER THE NEW FISCAL YEAR BEGINS. SHE REALIZED THAT IF THE PRESENT RECONDITIONED MACHINES WOULD CEASE TO FUNCTION, IT WOULD CAUSE PROBLEMS - PART OF OUR MOVING AROUND IS GOING TO NECESSITATE A FEW CHANGES, FINANCE OFFICER BARTON ADVISED THAT THE PRICE IS A GOOD ONE AS IT IS LESS THAN THE STATE BID LIST; NOTHING WAS MENTIONED ABOUT A TRADE-IN OF OUR PRESENT MACHINES. COMMISSIONER WODTKE AGREED WITH COMMISSIONER LOY'S SUGGESTION. DISCUSSION WAS HELD ABOUT WHICH FUND TO USE FOR THIS PURCHASE. THE BOARD DECIDED TO PURCHASE THREE MACHINES - ORDER TWO FOR IMMEDIATE DELIVERY AND ONE FOR BILLING IN THE NEW FISCAL YEAR. FINANCE OFFICER BARTON NEXT DISCUSSEDA NEW ACCOUNTS PAYABLE PROCEDURE AS INDICATED IN HIS MEMO OF APRIL 29, 1980: April 29, 1980 MEMO TO: BOARD OF COUNTY COMMISSIONERS FROM: JEFFREY K. BARTON, FINANCE OFFICER SUBJECT: Accounts Payable Procedure We request that the Board of Commissioners adopt a policy allowing the Finance Department to routinely pay bills for goods and services in amounts of Ten Thousand Dollars ($10,000.00) or less by using a facsimile device for signatures. This would be assuming that backup documenta- tion is in order. A. Procedure would be as follows: 4 1. Checks for investments and other internal transfers of funds would remain as is: 2. Checks for goods and services which exceed $10,000.00 would require one "live" signature. 3. Checks for goods and services in amounts of $10,000.00 or less would be signed with a facsimile device and mailed to the vendor. In order for this to happen, the backup would consist of: A. Invoice from Vendor. B. Copy of signed purchase order. C. Copy of signed delivery receipt. Also, the Board of County Commissioners would be furnished a check register showing all checks issued, including the vendor name and check amount. A detail list of what accounts were charged is also available if needed. MAY 71980 5 Boort 43 Page Two April 29, 1980 BOOK 43 ncE,22 B. Advantages of this handling: 1. Help to smooth workload of computer and accounts payble clerk in that accounts payable checks would be issued more often than bi-weekly. 2. Paying bills more timely would reduce the number of hand written checks now processed. 3. Help to stabilize cash flow. 4. Reduce the amount of time Commissioners have to spend reviewing and signing routine accounts payable obligations. JKB/ksg MR. BARTON EXPLAINED THAT IT TAKES HIS DEPARTMENT TWO OR THREE DAYS TO CLOSE OUT AT THE END OF THE MONTH AND THE BOARD'S MEETINGS ARE NOW SCHEDULED EVERY OTHER WEEK, WHICH MAY POSE A PROBLEM IN CLOSING OUT. COMMISSIONER LYONS ASKED HOW MANY CASH DISCOUNTS THE COUNTY GETS AND MR. BARTON ADVISED THAT THEY HAVE VERY FEW CASH DISCOUNTS. THE BOARD FELT $10,000 WAS A RATHER LARGE AMOUNT OF MONEY, BUT FINANCE OFFICER BARTON EXPLAINED THAT THE PROCEDURE HE HAS OUT- LINED HAS BEEN USED AND SET UP IN OTHER COUNTIES; HE ALSO HAS DISCUSSED THE PROCEDURE WITH THE NEW AUDITOR. ATTORNEY COLLINS ASKED IF THE OTHER COUNTIES HAD PASSED ANY SPECIFIC ORDINANCES REGARDING THIS PROCEDURE, AND MR. BARTON COMMENTED THAT HE WOULD CALL THE VARIOUS COUNTIES AND ASK ABOUT IT. CHAIRMAN SIEBERT FELT IT WOULD BE BEST TO DISCUSS THIS AGAIN AFTER MR. BARTON HAS CHECKED WITH THE OTHER COUNTIES CONCERNING THE ORDINANCE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING: OLON F. PIPPIN WILLIAM F. FEY ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT TO APPROVE ADDITIONAL FUNDS IN THE MAINTENANCE OF EQUIPMENT ACCOUNT FOR THE PURCHASING DEPARTMENT, AS FOLLOWS: ACCOUNT TuLE ACCOUNT NO. INCREASE MAINTENANCE OF EQUIPMENT 001-216-519-34.63 $100 ALL OFFICE SUPPLIES 001-216-519-35.11 $100 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT TO PURCHASE THREE VALIDATORS FOR THE RECORDING DEPARTMENT, CIRCUIT COURT, AND THE TRAFFIC DEPARTMENT; ORDER TWO FOR IMMEDIATE DELIVERY, AND ONE FOR BILLING IN THE NEW FISCAL YEAR. ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE OFFICE EQUIPMENT 001-309-516-66.41 $8,548 RESERVE FOR CONTINGENCIES 001-199-513-99.91 $8,548 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLL, CIRCUIT COURT, SPRING TERM, 1980, IN THE AMOUNT OF $206.22. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK; AUDIT REPORT OF ACCOUNTS AND RECORDS OF THE CLERK OF THE CIRCUIT COURT BEGINNING JANUARY 4, 1977 AND ENDING MARCH 31, 1979. RECEIPT FOR DEPOSIT OF COUNTY FUNDS FROM SHERIFF'S DEPARTMENT: #1317 - $375.101 #1320 - $837.15. REPORT OF CONVICTIONS, MONTH OF APRIL, 1980. INTERGOVERNMENTAL COORDINATOR THOMAS DISPLAYED A MAP TO THE BOARD OF PROPERTY OWNED BY THE COUNTY LOCATED IN GRAVES ADDITION IN WABASSO. HE CONTINUED THAT FOR SOME REASON, WHEN THE NEW US #1 WAS BUILT, THERE WAS AN ERROR IN THE WAY THE ACQUISITION OF THE RIGHT-OF-WAY WAS HANDLED WHICH RESULTED IN NOBODY OWNING IT; THEREFORE, THE COUNTY FORECLOSED. MR. THOMAS STATED THAT NOW MR. H. WEIMER IS INTERESTED IN BUYING THE PROPERTY. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER Loy, TO GIVE AUTHORIZATION TO ADVERTISE FOR BIDS THE COUNTY PROPERTY IN GRAVES ADDITION IN WABASSO. MAY 71980 7 BON r 43 PAGE 42.3 MAY 71980 43 PAA 424 DISCUSSION AROSE ABOUT AN APPRAISAL, AND COMMISSIONER DEESON SUGGESTED PASSING THE COST ON TO THE PURCHASER IF IT IS APPRAISED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS'VOTED ON AND -CARRIED UNANIMOUSLY. EUGENE J. O'NEILL THEN DISCUSSED WITH THE BOARD THE FOLLOWING MEMORANDUM IN REGARD TO EXCHANGE HOME OF INDIAN RIVER COUNTY LAND SITE SELECTION: THE EXCHANGE CLU43 OF INDIAN RIVER P. O. Box 3652 VERO BEACH, FLORIDA 32960 O=\�q *OR i 4�FxcNP`' . M E M O R A N D U M TO: The Honorable Alma Lee Loy The Honorable William Wodtke The Honorable W. W. Seibert The Honorable Don Deeson The Honorable Pat Lyons �s6�/BM FROM: Eugene's J. O'Neill DATE: April 21, 1980 RE: Exchange Home of Indian River County Land Site Selection Commission Hearing of April 23, 1980 On May 9, 1979, members of the Exchange Club of Indian River County and others interested in a Youth Manor appeared before your honorable board with a presentation for establishing a home for dependent child- ren in Indian River County. We had proposed to construct at our own expense this home if the county could provide us with land. We also discussed in general terms the willingness of the county to be ulti- mately responsible for the operational cost of the home if the home couldn't sustain itself with private funds and payments from the Department of Health and Rehabilitative Services. The following is an excerpt from the minutes of that meeting for your reference: "Commissioner Loy noted that the overall concept is what we are interested in now. She felt this is one of the finest projects that has been brought to the.Board in a long time, and agreed there is a definite need for the County to have their own facility of this type. She endorsed the concept of the project, and felt we could move ahead to try to find some suitable land if the other Commissioners agreed. The remaining Board members expressed their approval of such a worthwhile project and complimented those involved. Chairman Wodtke commented that althou,1h the Board is very receptive to the concept presented, he would suggest the Exchange Club also consider asking for community support soich would help keep tlii= of the taxpayer's pocl� 8 Memo to: County Commissioners 2 April 21, 1980 Commissioner Lyons agreed that the community might back this project, but felt if they shouldn't that it is a legitimate expenditure for County funds. Commissioner Loy volunteered to work with the Exchange Club in trying to locate appropriate space for the pro- posed Youth Manor." Since that meeting, the Exchange Home of Indian River County, Inc. was set up as a non-profit corporation. For your background, the subscribers to the corporation were: The Honorable Charles E. Smith The Honorable G. Kendall Sharp Eugene J. O'Neill Alan Jackson Samuel A.Block The initial Directors are: The Honorable D. C. Smith Robert Harris William J. Stewart Bruce Jacobs Claude Smith Sam T. Joyce Eugene J. O'Neill William G. Rogers The initial Officers are: Joseph Cianfrone, President Robert Veres, Vice President Warren Lewis, Treasurer Marie M. Anderson, Secretary Both prior to, and since, incorporation, we have had a land committee which has met on numerous occasions, including several meetings with Alma Lee Loy who has worked with us in reviewing the best possible site for the Exchange Home. The committee has concluded that the best site is the County -owned property on Rebel Road just west of 43rd Avenue. From the attached sketch, you can see that the proposed site would have no neighbors on three sides, and on the east side there are only a couple of neighbors. Despite the rather rural area, there have been neighbors of the proposed site who have written you opposing that location for a home for dependent children. These persons have been advised by letter as to our intentions and the nature of the Exchange Home. We also have advised those persons of the recently scheduled meeting of April 23, 1980. (See attached) Despite what objections, if any, now remain, the Exchatnge Home of Indian River County, Inc. and the persons or organizations which will work with the Exchange Home continue to feel the Rebel Road site is best. It is with the purpose, then, of asking you to ap- prove the Rebel Road site that we will appear before you on April 23. We look forward to seeing you on Wednesday so that we can really get this worthwhile project closer to completion. We regret the time it has taken to meet with you again, but we have,in addition to setting up the corporation and our various committees, raised over $12,000 for the project and will officially kick off a fund raiser after a land site is approved. cros Attachments MAY 71980 Booz 43 PACE U MAY 7 19 80 aooK 43 PAGE 4?6 ATTORNEY O'NEILL EXPLAINED THAT ABOUT A YEAR AGO, THE EXCHANGE CLUB APPEARED BEFORE THE BOARD WITH A PRESENTATION OF A HOME NEEDED FOR CHILDREN; THE BOARD WAS RECEPTIVE; AND COMMISSIONER LOY AGREED TO WORK WITH THEM IN LOCATING A LAND SITE. HE CONTINUED THAT THE GROUP IS NOW KNOWN AS THE EXCHANGE HOME OF INDIAN RIVER COUNTY, INC., AND THEY HAVE LOOKED AT TEN SITES OF COUNTY -OWNED PROPERTY AND ARE REQUESTING THE REBEL ROAD SITE. ATTORNEY O'NEILL SHOWED AN AERIAL MAP OF THE SITE WHICH DEPICTED GROVES TO THE WEST AND A CANAL TO THE NORTH; THEY ARE REQUESTING THE TWO ACRES CLOSE TO THE CANAL AND HOPE TO USE THE COUNTY EASEMENT, THE REMAINDER OF THE PROPERTY BEING DESIGNATED FOR A FIRE STATION. ATTORNEY O'NEILL REPORTED THERE ARE TWO HOMES TO THE EAST, AND THOSE ARE THE ONLY NEIGHBORS ADJACENT TO THE PROPERTY. HE COMMENTED THAT THE HEALTH & REHABILITATIVE SERVICES HAVE GUIDELINES THAT MUST BE ADHERED TO AND THEY ARE THAT THE SITE SHOULD NOT BE TOO DISTANT FROM THE COMMUNITY, AND THE BUILDING IS TO BE AS "HOMEY" AS POSSIBLE. ATTORNEY O'NEILL FELT THAT HAVING A SITE NEXT TO THE CORRECTIONAL INSTITUTE, OR SOME OTHER SIMILAR -TYPE BUILDING WOULD NOT BE FAVORABLE. HE CONTINUED THAT SOME NEIGHBORS HAVE EXPRESSED OBJECTIONS; THEIR BIGGEST CONCERN IS A FEAR OF CRIMES BEING COMMITTED IN THEIR NEIGHBORHOOD. THE ATTORNEY STATED THEY TRIED TO POINT OUT THIS WILL BE A HOME FOR DEPENDENT CHILDREN - THOSE WHO DO NOT HAVE A HOME TO TO GO - NOT FOR DELINQUENT CHILDREN. HE THEN DISTRIBUTED A COPY OF AN ARTICLE PRINTED IN THE VERO BEACH PRESS .JOURNAL FAVORING THE HOME. ATTORNEY O'NEILL THEN DEFINED "DEPENDENT" CHILDREN AS NEGLECTED, ABUSED, ABANDONED AND UNGOVERNABLE, AS OPPOSED TO "DELINQUENT" CHILDREN. BOBBIE BURDICK, INTERESTED CITIZEN, ASKED WHO WOULD BE PROVIDING FUNDS FOR THE HOME, AND WHO WOULD BE KEEPING UP THE PROPERTY. ATTORNEY O'NEILL ADVISED THAT THE EXCHANGE CLUB WOULD BE RUNNING THE HOME AND HRS WOULD PROVIDE MONEY FOR EACH CHILD PER DAY. HE -CONTINUED THAT HRS HAS CONTROL OF THE CHILDREN AND THEY MUST BE PLACED SOMEWHERE BUT THEY CANNOT SEND THEM TO YOUTH HALL IN ST, LUCIE COUNTY; THE BEST SOLUTION IS FOR THE CHILD TO STAY IN HIS OWN COMMUNITY. 10 ATTORNEY COLLINS ASKED IF IT WAS MATERIAL TO THE EXCHANGE CLUB WHO OWNS THE BUILDING OR LAND. ATTORNEY O'NEILL COMMENTED THAT THE EXCHANGE CLUB WOULD DO ANYTHING THE BOARD FELT WAS BEST. HE ADDED THAT HRS REQUIRES THAT AN ORGANIZATION RUN THE HOME AND THAT THERE BE AN EXECUTIVE DIRECTOR PRESENT. DENNIS ZAMBATARO, INTERESTED CITIZEN, APPROACHED THE BOARD TO SPEAK IN OBJECTION TO THE HOME. HE OWNS THE FIVE ACRES EAST OF THE PROPOSED HOME SITE ALONG WITH HIS BROTHER-IN-LAW, AND HIS PARENTS. HE ADDED THAT THE EASEMENT THE EXCHANGE CLUB IS PLANNING TO USE IS THE COUNTY EASEMENT WHICH IS ACROSS HIS PROPERTY. MR. ZAMBATARO CONTINUED THAT HE HAD NEVER BEEN INFORMED BY THE EXCHANGE CLUB THAT THEY WERE PROPOSING THIS HOME, AND HE HAS SPOKEN TO OTHER PROPERTY OWNERS, AND SEVERAL OF THEM ARE IN OPPOSITION. HE ADDED THAT HE CONSIDERS HIMSELF A NEIGHBOR TO THAT HOME SITE, EVEN THOUGH IT IS RAW LAND AT THE PRESENT TIME. MR. ZAMBATARO REPORTED THAT MR. WALKER OF THE ZONING DEPARTMENT INFORMED HIM THAT THE PROPERTY IS NOW ZONED R-1, AND TO PUT IN THE PROPOSED HOME WOULD REQUIRE R-3 ZONING. HE CONTINUED THAT HE FELT THE EXCHANGE CLUB IS ASKING FOR PREFERENTIAL TREATMENT TO PAVE THE WAY FOR REZONING. TO REZONE. ATTORNEY O`NEILL INTERJECTED THAT THEY WERE NOT INTENDING ATTORNEY COLLINS NOTED THAT IF THE COUNTY OWNED THE BUILDING, IT WOULD BE A PUBLIC BUILDING WITHIN THE REALM OF SPECIAL EXCEPTION. MR. ZAMBATARO COMMENTED THAT HE FELT HE SHOULD HAVE BEEN NOTIFIED, AND HE STRONGLY OBJECTS TO THE LOCATION. HE HAS SPOKEN TO OTHER DEVELOPERS AND THEY AGREE THIS IS NOT THE BEST USE OF THIS PROPERTY. MR. ZAMBATARO STATED HE WOULD ENVISION MORE OF A COMMERCIAL LOCATION, AS THE AVERAGE RESIDENTIAL HOME DOES NOT HAVE 15 OR ZO CHILDREN LIVING THERE - IT WOULD BE AN ABNORMAL SITUATION IN A RESIDENTIAL AREA, ROLL. COMMISSIONER LOY ASKED IF HIS NAME WAS LISTED ON THE TAX 11 aoa 43 PAGE 427 Boas 43 PAGE 428. MR. ZAMBATARO STATED IT WAS IN HIS FATHER'S NAME, WHICH IS THE SAME AS HIS, BUT HE RECENTLY ADDED HIS OWN NAME ON THE TAX ROLL. COMMISSIONER LOY THEN ASKED HOW HE FELT ABOUT A FIRE STATION BEING LOCATED NEXT TO HIS PROPERTY. MR. ZAMBATARO FELT THAT A FIRE STATION WOULD BE AN ASSET, BUT HE FELT THAT THE PROPOSED HOME WOULD DEPRECIATE THE AREA. HE THEN MENTIONED THE FACT THAT HE DIDN'T WANT TO LIVE NEXT TO 15 OR ZO Z, UNGOVERNABLE CHILDREN - NEITHER WOULD THE DEVELOPERS. MR. ZAMBATARO REITERATED THAT HE FELT THERE WAS A NEED FOR SUCH A HOME BUT DID NOT THINK THE PROPOSED SITE WAS A GOOD LOCATION. HE CONTINUED THAT COUNTY EMPLOYEES ADVISED HIM THAT THIS WAS A STUMP DUMP AND INDICATED THAT NO PERMANENT STRUCTURE COULD EVER BE BUILT THERE. COUNTY ADMINISTRATOR JENNINGS AFFIRMED THAT IT WAS A STUMP DUMP AND BEFORE ANYTHING COULD BE BUILT THERE, THE LAND MUST HAVE SPECIAL TREATMENT. HE CONTINUED THAT THE LAND COULD BE EXCAVATED AND THE STUMPS REMOVED, WHICH ARE BURIED S' TO 10' DEEP, OR PUT IN PILINGS; EITHER WAY IT INCREASES THE COST OF ANY BUILDING THAT WOULD BE PUT ON IT. THE ADMINISTRATOR STATED THAT HE DID NOT WANT MR. ZAMBATARO TO HAVE THE IDEA THAT NOTHING COULD BE BUILT ON THE LAND; ONE OF THE ABOVE METHODS MUST BE USED BEFOREHAND. CHAIRMAN SIEBERT THEN ASKED IF THE EXCHANGE CLUB WAS AWARE OF THIS PROBLEM. ATTORNEY O'NEILL NOTED THAT THEY WERE AWARE OF IT AND FELT IF IT WAS A REASONABLE COST, THAT ADDITIONAL COST WOULD BE OTHERWISE JUSTIFIED BY THE FINE LOCATION. HE CONTINUED THEY ESTIMATED IT WOULD COST ABOUT $10,000 TO PREPARE THE LAND, AND APPROXIMATELY $75,000 FOR THE BUILDING; AT THIS POINT, THEY ARE STILL PREPARED TO GO ALONG WITH THAT SITE. WERE MADE. MR. ZAMBATARO ASKED ATTORNEY O'NEILL IF ANY COST STUDIES ATTORNEY O'NEILL REPORTED THAT THEY DO NOT HAVE THE ACTUAL FIGURES; JUST A BALL PARK FIGURE AND IF IT WOULD BE MORE THAN THE FIGURES JUST MENTIONED, THEN THEY WOULD HAVE TO THINK IT OVER AGAIN. GLENN GOLLNICK, 4230 6TH LANE SW, APPROACHED THE BOARD AND SPOKE IN OPPOSITION TO THE LOCATION. HE FELT THERE IS A GREAT DEAL OF GROWTH STARTING IN THAT AREA, SUCH AS SUBDIVISION AND HOMES, AND FROM THE STANDPOINT OF THE RACQUET CLUB WITH APPROXIMATELY 50 NEW MEMBERS, THERE ARE A GREAT DEAL OF PEOPLE THAT WOULD RATHER NOT SEE THE PROPOSED HOME ON THAT SITE. MR. GOLLNICK THOUGHT IT WOULD COST MORE THAN $10,000 TO PREPARE THE LAND FOR BUILDING; HE THOUGHT HAVING THE FIRE STATION THERE WOULD BE GREAT. HE SUGGESTED DOING MORE INVESTIGATING TO FIND ANOTHER PLACE FOR THE PROPOSED HOME SINCE THERE IS SUCH A GROWTH POTENTIAL IN THAT AREA; MANY PEOPLE WILL NOT WANT TO BUILD THEIR HOMES IF THE PROPOSED HOME IS IN THE AREA. RICHARD PIKE, 43RD AVENUE AND 5TH STREET SW, CAME BEFORE THE BOARD AND COMMENTED THAT HE HAS LIVED AT THAT LOCATION FOR 15 YEARS AND HE CONSIDERS THIS TO BE AN EXTREMELY POOR SITE TO BUILD THIS HOME. HE ADDED THAT HE IS NOT OPPOSED TO THE PROJECT BUT THOUGHT IT WAS FOOLISH TO TAKE DONATED MONEY AND USE IT FOR PREPARATION OF THE LAND FOR BUILDING. MR. PIKE POINTED OUT THAT RECREATION FACILITIES SHOULD BE PROVIDED FOR THE CHILDREN, AND A SLAB FOR A BASKETBALL COURT COULDNIT EVEN BE BUILT WITHOUT SOME SUPPORT AS IT WOULD CRACK. HE STATED THAT THERE ARE PINE TREES BURIED ON THE LAND AND TERMITES, AND FELT THE BOARD SHOULD REJECT THIS SITE SINCE THE EXCHANGE CLUB DID NOT REJECT IT THEMSELVES. MR. PIKE NOTED THAT WE ARE ASSUMING THIS CHILDREN'S HOME WILL REMAIN THAT WAY FOREVER; NO ONE HAS THE AUTHORITY TO SAY THAT IT WILL ALWAYS BE A HOME FOR CHILDREN. HE ADDED THAT THE BOARD CANNOT CONTROL WHAT THE COURTS WILL DO AS IT WILL BE A COUNTY INSTITUTION AND IF A JUDGE WANTS TO PUT SOMEBODY IN IT, HE WILL AND THERE IS NOTHING TO STOP THE LAWYERS AND JUDGES FROM 4 DOING IT IF THEY SO DESIRE. MR. PIKE THOUGHT THAT THE COUNTY IS ASSUMING SOMEBODY ELSE IS PLANNING, AND CONCLUDED BY ASKING THE BOARD TO REFUSE THE PROPOSED SITE. ATTORNEY COLLINS ASKED IF MR. PIKE WAS FAMILIAR WITH THE ACREAGE, AND IF THERE WERE ANY CAVE-INS. MR. PIKE ADVISED THAT THE STUMPS HAVE ROTTED AND THERE ARE NOW CAVERNS, AND HE WOULD NOT WANT TO RIDE A HORSE THERE. MAY 71980 13 BOOK 43 P4cE4 9 MAY 71980 Body 43 PAGE 433 DON MILLER, ASSOCIATE MINISTER OF THE COMMUNITY CHURCH, CAME AND SPOKE IN FAVOR OF THE PROPOSED HOME. HE STATED THAT HE HAS WORKED WITH YOUTH IN PENNSYLVANIA AND IN MINNESOTA, AND AFTER DOING EXTENSIVE RESEARCH WITH THE PROBLEMS OF THE YOUTH THERE, HE FELT A LOT OF PEOPLE WOULD BE HELPED BY HAVING SUCH A HOME FOR CHILDREN. HE, THEREFORE, WAS IN SUPPORT OF THE PROJECT. DON HANCOCK, 505 5TH STREET SW, APPEARED BEFORE THE BOARD IV AND SPOKE IN OPPOSITION, NOT TO THE PROJECT, BUT TO THE LOCATION AND POINTED OUT THE FOLLOWING REASONS: (1) THE LAND HAS BEEN USED FOR A STUMP DUMP, AND NO REAL SURVEY HAS BEEN DONE FOR THE ACTUAL COST OF RESTORING THE PROPERTY. ONE OF THE COUNTY TRACTORS GOT STUCK IN A HOLE WHILE MOWING THE PROPERTY AND THE DRIVER SAID THAT ANYBODY WOULD HAVE TO BE INSANE TO BUILD THERE. (2) TO USE DONATED MONEY FOR THE EXTRA EXPENSE OF PREPARING THE LAND IS NOT RIGHT. (3) SOONER OR LATER THE COUNTY WILL HAVE TO MAINTAIN IT. (4) HIS HOME IN THE AREA IS VALUED AT QUITE A BIT OF MONEY AND THIS HOME WILL DEFINITELY DEPRECIATE IT, PLUS DEPRECIATE THE PROPOSED HOMES THAT ARE TO BE DEVELOPED ACROSS THE CANAL FROM THE SITE. (5) DID NOT APPROVE OF `UNGOVERNABLE CHILDREN" AS DEFINED IN THE FLORIDA STATUTES. MR. HANCOCK CONCLUDED BY NOTING THAT WHEN INCOME TAX WAS PROPOSED IN THE 1930S, THE GOVERNMENT SAID IT WOULD NEVER GO ABOVE 3% - AND LOOK WHAT HAPPENED. DUDLEY CLYATT, 1765 27TH AVENUE, COMMENTED THAT HE WAS A MAN OF FEW WORDS - HE HAS NO OBJECTION TO THE PROJECT, BUT THOUGHT THEY WANTED TO PUT IT IN THE WRONG PLACE. TOM CULLER, MEMBER OF THE EXCHANGE CLUB, APPROACHED THE BOARD AND COMMENTED THAT HE HAS DONATED HIS ARCHITECTURAL SERVICES TO -THE PROJECT. HE ADVISED THAT HE IS A NEIGHBOR TO THE PROJECT, LIVING IN MIRAFLORES, AND IS ONE OF MR. GOLLNICK'S 50 NEW MEMBERS TO THE RACQUET CLUB, MR. CULLER SAID THEY WERE AWARE OF THE STUMP DUMP � � s PROBLEMS; THAT PART IS HIS PROFESSIONAL RESPONSIBILITY, AND SAID PUTTING IN THE PILINGS WOULD ENTAIL SOME EXTRA EXPENSE. HE ADDED THAT NO ONE HAS MENTIONED THEY DID DO QUITE A BIT OF SURVEYING, LOOKED AT EVERY CONCEIVABLE PIECE OF PROPERTY, AND FELT THIS WAS THE MOST ADVANTAGEOUS. MR. CULLER REPORTED THAT NOT ALL OF THE NEIGHBORS ARE IN OPPOSITION. DISCUSSION WAS HELD ABOUT HAVING TEST BORINGS DONE. MR. CULLER COMMENTED THAT HE WOULD SUGGEST USING A PILING SYSTEM TO SUPPORT THE BUILDING, WHICH IS REALLY NOT THAT LARGE; IT WOULD HOUSE NO MORE THAN 12 CHILDREN AND THE RESIDENT MANAGER. ERIC LINDSAY, INTERESTED CITIZEN, APPROACHED THE BOARD AND STATED THAT HE HAS PURCHASED PROPERTY IMMEDIATELY BEHIND THE STUMP DUMP, AND THE ONE THING THAT ATTRACTED HIM TO VERO BEACH WAS THE PLANNING; YOU DON T HAVE A $15,000 HOUSE NEXT TO A $100,000 HOUSE. HE FELT THAT A HOME FOR CHILDREN IS NEEDED BUT THE LOCATION IS OBJECTIONABLE; SOME PEOPLE DON T CARE, BUT WHAT IT DOES IS RUIN THE OVERALL APPEARANCE OF THE COUNTY, AND HE IS OPPOSED TO IT. MR. LINDSAY CONTINUED THAT THIS IS A HIGH POTENTIAL AREA, AS DEVELOPERS ARE MAKING THEIR PLANS TO DEVELOP WEST AND SOUTH, AS NOT MUCH OF THE COUNTY IS LEFT. HE ADDED THAT AS FAR AS THE CHILDREN THAT GET INTO THE HOME, IT STARTS OUT FINE AND YOU MAY HAVE ONE UNCONTROLLABLE CHILD, BUT IN THESE TIMES, HE FELT THERE WILL BE AN INCREASE IN DELINQUENCY. MR. LINDSAY FELT THAT IN A YEAR OR TWO FROM NOW THERE MIGHT BE MORE UNCONTROLLABLE CHILDREN LIVING AT THE HOME AND WHY TAKE THE CHANCE OF ALLOWING THE COMMUNITY IN THAT PARTICULAR AREA TO BE SUBJECTED TO THAT TYPE OF TREATMENT. HE CONCLUDED BY APPEALING TO THE BOARD FOR CONTINUING TO IMPLEMENT GOOD PLANNING IN THE FUTURE AS 4 IT HAS IN THE PAST. THE BOARD THEN DISCUSSED THE MATTER. COMMISSIONER WODTKE STRESSED THAT IT WAS VERY IMPORTANT THAT THE BOARD KNOWS WHAT TYPE OF PERSON IS GOING TO BE IN THE HOME, AND THAT THE COUNTY DOES HAVE A BASIC CONTROL AS TO THE USE OF THE PUBLIC BUILDING. 15 MAY 7 19 80 BOOK 43 PAGE 431 MAY 7 0 MOK4 43 nu 432 . ATTORNEY O'NEILL ADVISED THAT AT THE YOUTH HALL, THEY OCCASIONALLY MIXED DELINQUENTS AND DEPENDENT CHILDREN, BUT HRS FELT THEY SHOULD NOT BE MIXED, WHICH IS THEIR INTENTION ALSO. COMMISSIONER LYONS WONDERED ABOUT THE LOCATION AND WHAT THE REASON WAS FOR NOT HAVING A LOCATION WHERE THE CHILDREN COULD WALK TO SCHOOL OR TO THEIR EMPLOYMENT, AS COMPARED TO HAVING TO BE TRANSPORTED. HE EXPRESSED CONCERN ABOUT THE EXPENSE OF TRANSPORTATION. 'COMMISSIONER LOY ADVISED THE REASON WAS THE COMMITTEE WAS LOOKING STRICTLY AT COUNTY -OWNED LANDS AND DID NOT, AT THAT POINT, CONSIDER PURCHASING. SHE CONTINUED THAT HRS WOULD LIKE THE HOME TO BE IN THE CENTER OF VERO BEACH BECAUSE IT WOULD BE MORE ACCESSIBLE. COMMISSIONER LOY FELT THE THINKING IS NOT GEARED WITH THE EXCHANGE CLUB PROJECT, WHICH IS TO HAVE A PLACE TO PUT YOUNGSTERS IN THE COUNTY WHO DO NOT HAVE A HOME, NOT YOUNGSTERS WHO ARE IN TROUBLE. COMMIS- SIONER LOY REPORTED THAT WE DO NOT HAVE ENOUGH FOSTER HOMES AND NOW WE ARE GETTING PUSHED OUT OF YOUTH HALL IN ST. LUCIE COUNTY; THAT IS THE BASIC NEED. COMMISSIONER LOY ASKED IF THE COMMITTEE SHOULD SEARCH FOR PROPERTY TO PURCHASE. CHAIRMAN SIEBERT STATED HE WOULD SUPPORT ACQUISITION OF PROPERTY FOR.THIS PROJECT, AS HE WAS CONCERNED ABOUT THE CONDITION OF THE LAND THE EXCHANGE CLUB HAS SELECTED. ADMINISTRATOR .JENNINGS REITERATED THAT THE PROPERTY ORIGINALLY WAS A MARL PIT, THEN A STUMP DUMP, AND NOW HAS ABOUT 2' OF FILL OVER IT. HE CONTINUED THAT OVER THE YEARS IT HAS SETTLED, AND IS A PIECE OF PROPERTY THAT SOMEDAY WILL FIND A USE. THE ADMINIS- TRATOR COMMENTED THAT ONCE A REQUEST WAS MADE BY A MAN WHO WANTED TO RENT THE PROPERTY TO PUT HIS HORSES ON, BUT THEN DID NOT. THE ADMINISTRATOR ADDED THAT HE WOULD BE CONCERNED TO HAVE HIS FAMILY RIDE HORSES THERE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, THAT THE BOARD WILL SUPPORT A HOME FOR DEPENDENT CHILDREN, AND IF THE COMMITTEE CAN FIND THE PROPER LOCATION THAT IS AGREEABLE WITH THE BOARD, THEY WILL SUPPORT THE ACQUISITION OF SUCH A PROPERTY. COMMISSIONER LYONS FELT THAT IF THE PROPERTY IS IDEALLY LOCATED, SOME THINGS WILL NOT HAVE TO BE PROVIDED, SUCH AS RECREATION, AND SEVERAL ACRES WILL NOT BE NEEDED. THE BOARD THEN DISCUSSED THE COUNTY -OWNED OSLO PROPERTY CONTAINING 15 ACRES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER WODTKE VOTING IN OPPOSITION. THE BOARD NEXT DISCUSSED THE FOLLOWING LETTER REGARDING EMERGENCY NUMBER 911 REQUESTED BY THE PILOT CLUB OF INDIAN RIVER COUNTY: PILOT CLUB ® OF INDIAN RIVER COUNTY-VERO BEACH P. O. BOX 235 VERO BEACH. FLORIDA - 32960 .t Board of County Commission Indian river County Court House Vero Beach, Florida entlemen: April 30, 1950 At the annual planning meeting; of the Pilot Club of Indian River County, Vero Beach on April 30, 1950, attended by _; members who arewomenexecutives representing almost every phase of business and Professional areas in this County, they gave unanimous approval and sanction of this request to this County Commission of Indian River County. Since we have learned of the 160,(',00 bud' get, currently held by the State of Florida to aid counties in the installation of Emergency Number 9119 and for which we have only to ask, according to Florida State's Communications Engineer, %d:ard J. Telander, in a telephone conversation with Beth ile;elin on April 29, 1980, we are requesting the County Commission to appoint a committee to reactivate plans to implement 911 for Indian :liver County. Since 1969, the Pilot Club of Indian -7iver County,,Vero Beach has actively pursued the use of this e:.ergency help nix -fiber, which is presently enjoyed by 71r) of our State. Certainly if this Percer_ta-- e of other counties ?-iave been able to establish and support a service that has proven effective in saving lives, this County should be able to do so. With this -kind of financial aid, we believe there is no excuse for- us not to Proceed with plans for 911 - if iri�_ed, Vie interest of our citizens is at the top of priorities. Sincerely yours, Annie Emily 2amsdell, resident attach MAY 71980 17 aapx 43 PAGe-43 . MAY 7 19 80 , Box 43 PAGE 4:34 PETITION COPIES ACCOMPANYING THE PRECEDING LETTER ARE ON FILE IN THE CLERKS OFFICE. BETH MEGELIN, OF THE PILOT CLUB, APPROACHED THE BOARD AND PLAYED A TAPE RECORDING OF A CONVERSATION SHE HAD WITH THE STATE COMMUNICATIONS ENGINEER, EDWARD J. TELANDER. MR. TELANDER EXPLAINED THAT THE INSTALLATION OF EMERGENCY NUMBER 911 IS NOW ON A VOLUNTARY BASIS AND THERE IS $160,000 AVAILABLE FOR COUNTIES TO USE IN STARTING THEIR PROGRAMS. HE CONTINUED THAT IF INDIAN RIVER COUNTY WOULD WANT TO START THE PROGRAM, IT SHOULD LOOK AT NEW APPROACHES AND EQUIPMENT, MR. TELANDER REPORTED THAT THEY HAVE 25 OPERATIONAL 911 SYSTEMS IN THE STATE AND 5 MORE ARE ON ORDER; THIS REPRESENTS ABOUT 71% OF THE STATE'S POPULATION. HE ADDED THAT NATIONWIDE, THERE ARE 853 DIFFERENT 911 SYSTEMS. MR. TELANDER SUGGESTED IF INTEREST WAS RENEWED IN THE COMMUNITY, THE MATTER SHOULD BE BROUGHT BEFORE THE COUNTY COMMISSIONERS FOR THEIR APPROVAL. COMMISSIONER WODTKE COMMENTED THAT THE $160,000 IS NOT TOTALLY AVAILABLE TO INDIAN RIVER COUNTY, JUST THE START-UP COSTS WHICH WOULD BE APPROXIMATELY $29,000. HE CONTINUED THE PLAN THAT WAS _PROPOSED TO THE COMMISSION BACK IN 1974 WAS ADOPTED WITH THE CON- CURRENCE OF THE SHERIFF, POLICE, FIRE DEPARTMENT, ETC., BUT IT SHOULD NOW BE UP -DATED WITH SOUTHERN BELL AS TO THE COST. COMMISSIONER WODTKE PERSONALLY FELT THAT EMERGENCY NUMBER 911 IS A GOOD SYSTEM AND WOULD LIKE THE BOARD TO CONSIDER IT IN THE NEXT BUDGET. HE ESTIMATED THE YEARLY OPERATIONAL COST WOULD BE BETWEEN $70,000 TO $100,000 FOR THE PROGRAM. CHAIRMAN SIEBERT NOTED THAT 71% OF THE POPULATION HAS IT YET LESS THAN HALF OF THE COUNTIES HAVE THE SYSTEM, WHICH MEANS THAT THE SMALLER COUNTIES ARE NOT IN THE PROGRAM. MS. MEGELIN NOTED THAT ST. LUCIE COUNTY HAS HAD THEIR PROGRAM SINCE 1974 AND THEY ARE A SMALL COUNTY. SHE CLARIFIED THE POSITION OF THE PILOT CLUB THAT IT IS NOT THEIR BELIEF THIS PROGRAM SHOULD BE FUNDED BY THE STATE OR FEDERAL GOVERNMENT BUT THAT THE w COUNTY DO ITS PART IN FUNDING THIS PROGRAM. MS. MEGELIN STATED SOME PEOPLE ARE IN FAVOR OF A TAX INCREASE IF IT WOULD BRING THE 911 SYSTEM TO THIS AREA. SHE THEN REQUESTED THE BOARD TO HAVE A COMMITTEE APPOINTED TO STUDY EMERGENCY NUMBER 911 FOR PROPER IMPLE- MENTATION. DISCUSSION ENSUED REGARDING THE COST PER MONTH TO IMPLEMENT THIS SYSTEM. AN INTERESTED CITIZEN CITED AN EXAMPLE OF A SHERIFF'S DEPARTMENT AND A POLICE DEPARTMENT IN THE SAME COMMUNITY SPLITTING THE MONTHLY COST OF $2,400 FOR THIS PROGRAM. COMMISSIONER WODTKE THOUGHT THE FIGURE OF $2,400 A MONTH WOULD BE THE UTILITY OPERATION COST, BUT WOULD NOT INCLUDE THE SALARIES OF THE PERSONNEL INVOLVED. COMMISSIONER LYONS WAS IN FAVOR OF THE BOARD TAKING ANOTHER LOOK AT THIS SYSTEM, AND HE DID NOT THINK THIS IS THE KIND OF PROGRAM THAT SHOULD BE FUNDED BY THE STATE OR FEDERAL GOVERNMENT, CHAIRMAN SIEBERT FELT THAT HAVING A COMMITTEE STUDY IT FURTHER WAS A GOOD IDEA, BUT IN HIS CONVERSATIONS WITH SEVERAL LOCAL PEOPLE, THEY WERE NOT SURE THEY WOULD LIKE TO PAY $100,000 FOR THIS PROGRAM. SYSTEM. DISCUSSION FOLLOWED REGARDING POTENTIAL FUNDING OF THE COMMISSIONER LOY FELT THE BOARD SHOULD AUTHORIZE A COMMITTEE TO GET THE CURRENT INFORMATION FOR IMPLEMENTING THIS PROGRAM, SHE ADDED THAT THE REACTION YOU GET ON THE STREET AND FROM NEIGHBORS REGARDING AN ADDITIONAL TAX IS NOT THE RESPONSE THE BOARD MEMBERS HEAR - MOST PEOPLE DO NOT WANT THEIR TAXES INCREASED► MS. MEGELIN SUGGESTED, WITH THE ELECTION COMING UP IN THE FALL, PUTTING THIS ITEM ON THE BALLOT TO GET THE PUBLIC`S RESPONSE. COMMISSIONER Loy SUGGESTED THAT THEY THINK SERIOUSLY ABOUT PUTTING IT ON THE BALLOT AS IT MIGHT BE THE BEST WAY TO KILL THE PROGRAM, AND CHAIRMAN SIEBERT ALSO AGREED. MQ'TION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THAT THE BOARD RESPOND TO THE PILOT CLUB, AUTHORIZE AN EMERGENCY NUMBER 911 COMMITTEE WITH THE RESPONSIBILITY OF BRINGING THE PLAN UP TO DATE, AND RETURNING TO THE BOARD WITH THE CURRENT INFORMATION. 19 MAY 7 �0 80bK 4 SAGE 4: : MAY 71980 Foot -43 pacE 436 COMMISSIONER LYONS VOLUNTEERED TO HELP THE PILOT CLUB WITH THEIR COMMITTEE. COMMISSIONER Loy INTERJECTED THAT THE PRESS COULD BE OF SOME ASSISTANCE BY PUBLISHING THE SHERIFF DEPARTMENTS TELEPHONE NUMBER — 562-7911 - WHICH WOULD HELP THE PUBLIC IN CASE OF TROUBLE. PHIL LONG, LOCAL NEWSMAN, INQUIRED ABOUT THE NUMBER OF PEOPLE THAT WOULD BE NEEDED FOR THIS PROGRAM. COMMISSIONER WODTKE REPORTED THAT THE SWITCHBOARD MUST BE IN OPERATION AROUND THE CLOCK, AND HE ESTIMATED THREE SHIFTS OF FIVE PEOPLE EACH. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND PASSED UNANIMOUSLY. THE BOARD NEXT CONSIDERED THE ITEM CONCERNING THE TRAFFIC SIGNAL AT THE PROPOSED OSLO SQUARE SHOPPING CENTER AS POINTED OUT IN THE FOLLOWING LETTER: LAW OFFICES BARRAN(A), I)ARLSO�N. .I)ANILL & 131.11 -ES EiN F'T'01 FL.':IONAL AS!-,OCIATION ) Fi!•f/U'A tlr. ,, it, r'f It'.+lflA1 111 , II+r /•tl F) 'N I"A i lic111. I,F. ATIf '171AF F,1+AC Tlf. 1. FP '41 1. LA.N ',f1tl A r1A1+1'.OFd I" ',I T E P C, h1 ti l; Ill. 1•t7ACII+.r A1!(., t+,W l/l' IA(.I A. r/l.tilt 1. 11i. alnl t`AAr.1t1 i_ 11l•nr/LC+ iit 111'.1( ItJ Cillr, ii f1r-+F I . li'.IfYrl Mr. Jack G. Jennings, County Administrator Tndian River County 2145 - 14th Avenue Ver-() i'e(ich, FL 32960 F<r: April 2, 1980 3i�: C-C�Nti i�l: Ct ('t 11,(:'IN•: 6G WCST I lA01 ER '',TRC('' MIAMI. FIAM111A :1:11'10 TELEF'HONf i 40',' 4'1 -V 959 SOUTH FE(IL RAL ali•I-1K' F' Q (tit A\YLR STVAitT. FI.F)II113.1, :1;1•lU l F'LFA!,L .LI'LV TO. Stuart ►lle(ise find encloscd firrewith a check in the (amount of ",30,()0(1.00 submitted on behalf of Oslo Square Associates, a Florida general partnership, a; advance payment for the traffic signal to be'installed at U. S. highway #1 (in(l t!hc pr•1:r�l��red Oslo Square Shopping Center. Pursuant to my telephone conversation of this date with Geroge G. Collins, Jr., County Attorney, and yrrlr conversation with him as well, the $30,000.00 payment enclosed herewith is made under the following stipulations: r� 0,in Square Shophiriy !.'rntor - iraf-fic. Siotnj Jennings: ►lle(ise find encloscd firrewith a check in the (amount of ",30,()0(1.00 submitted on behalf of Oslo Square Associates, a Florida general partnership, a; advance payment for the traffic signal to be'installed at U. S. highway #1 (in(l t!hc pr•1:r�l��red Oslo Square Shopping Center. Pursuant to my telephone conversation of this date with Geroge G. Collins, Jr., County Attorney, and yrrlr conversation with him as well, the $30,000.00 payment enclosed herewith is made under the following stipulations: r� M 1. The applicant, Uslo Square Associates, will secure an engineer's estimate as to the cost of the pro - posted signalization. 2. In the event the engineer's estimate for the pro- posed cost is greater than $30,000.00, the applicant will submit the additional funds upon request by Indian River County. 3. At the time of the actual installation of the traffi( signal, any escalation in costs will be the respon- sibility of the applicant. Your cooperation in making possible the issuance of the building permit for the Oslo Square Shopping Center is sincerely appreciated. Kindly regards and good wishes. 6ARRANCO, DARLSON, DANIEL & 11WESTEIN, P.. A. � IL 'John A. Darlson The foregoing terms and conditions are agreed to by the applicant, Oslo Square Associates. Dated this day of April, 1930. P JAD: jb Enclosure c,-; George G. Collins, Jr., Esq. Peter C. Smit}, General Partner 12 3e; -All- `) ti 11('i31Su0 �, d �_ 1N Ad1 N?iatrator s inner .w� t.AW OFFICES BARRANco, DAI?LSUN, DANII:I. & BLUESTEIN PROFESSIONAL ASSOCIATION BOOK,. 4 SAG 4 M I MAY 71980 POOK 43 PAGE438 JOHN A. DARLSON, STUART ATTORNEY, APPROACHED THE BOARD AND STATED THAT HE REPRESENTED OSLO SQUARE ASSOCIATES. HE STATED THAT HIS CLIENT HAS REQUESTED THAT THE COMMISSIONERS PLACE HIS ADVANCED PAYMENT OF $30,000 IN SOME TYPE OF INTEREST-BEARING ACCOUNT. ATTORNEY DARLSON COMMENTED THAT IT WILL TAKE 12 TO 15 MONTHS OF CONSTRUCTION TIME FOR THE SHOPPING CENTER, AND DURING THAT TIME HIS CLIENT WOULD LIKE THE MONEY TO BE WORKING FOR HIM IF POSSIBLE. HE - REPORTED THEY DID SOMETHING SIMILAR TO THIS IN STUART LAST FALL, AND TREASURY BILLS WERE PURCHASED IN THIS CASE. ATTORNEY DARLSON SUGGESTED THAT PERHAPS THE MONEY BE PUT IN 12 MONTH CERTIFICATES OF DEPOSIT RATHER THAN IN A PASSBOOK ACCOUNT. THE SIGNALIZATION WOULD BE THE LAST THING THAT WOULD BE DONE IN THE CONSTRUCTION PROJECT AND AT THAT TIME THE BOARD WOULD RELEASE THE FUNDS. INTERGOVERNMENTAL COORDINATOR THOMAS AGREED THAT CERTIFICATES OF DEPOSIT MIGHT BE MORE ADVANTAGEOUS OVER A BOND, AND THE COUNTY WOULD BE TRUSTEE FOR THE FUNDS. ATTORNEY COLLINS RECOMMENDATION WAS THAT THE COUNTY ACCEPT THE $30,000, BUY CDS WITH THE MONEY, HOLD THE FUNDS AND ALLOW THE INTEREST TO BENEFIT IT, AND THAT THE BOARD HAVE AN AGREEMENT THAT IF THE TRAFFIC LIGHT COSTS MORE THAN $30,000, OSLO SQUARE ASSOCIATES WILL BE RESPONSIBLE FOR ANY ADDITIONAL COST. HE ADVISED THAT ATTORNEY DARLSON WAS IN AGREEMENT WITH THIS. ADMINISTRATOR JENNINGS WAS IN CONCURRENCE WITH ATTORNEY COLLINS BUT HIS MAIN INTEREST WAS TO HAVE THE COUNTY ASSURED OF THE TOTAL COST OF INSTALLING THE LIGHT. ATTORNEY DARLSON AGREED; IF IT TURNS OUT THAT THE SIGNALIZA- TION COSTS MORE THAN $30,000, HIS CLIENT WOULD SEE THAT IT IS PAID FOR AND BEAR THE COST, COMMISSIONER WODTKE ASKED THE ADMINISTRATOR IF HE HAS LOOKED AT THE DESIGN OF THE SIGNAL. ADMINISTRATOR .JENNINGS REPORTED THAT THE SIGNAL INSTALLED WILL BE AN APPROVED SIGNAL BY THE DOT, WHATEVER THEIR STANDARDS ARE. 22 COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT THE STATEMENT "WE ANTICIPATE CONFLICT PROBLEMS WITH YOUR DESIGN" IN THE FOLLOWING LETTER: Florida BOB GRAHAM GOVERNOR 780 Southwest 24 Fort Lauderdale, Department of Tra* nS 4")rt at o a February 22, 1980 WILLIAM N ROSE SECRETARY Street Florida 33315 RE State Section 88002, SR 606 (Oslo Road) at Intersection of SR 5 (US 1), City of Vero Beach Signalization Proposal Air. Harry G. Riegler Oslo Square Associates coat Office Box 4373 Fort Pierce, Florida 33450 Dear Mr. Riegler: [tic have reviewed your letter of'February 14, 1980. We concur with your proposal to fund the possible signali::ation of Road.and US 1. We accept your contention that it is not feasible to modify your site plan at this late date. As stated in our letter of February 7, 1980 to Mr. Jack Jenntn•.;., Indian River County Administrator, we expect that signalzticn will become warranted and will be permitted subsequent to the Oslo Square Mall development. Issuance of a permit would be subject to approval of an intersection plan and development- of sufficient volumes. As already stated, we accept your contention that it is not feasible at this time to modify your site plan and we .Till -.o,.-- press otpress the issue. .Your site plan is c::t- of our i'zri.dicti�n, except in the manner that its traffic patterns affect traffic on State roads. A new State driveway manual is in preparatic_:. This new guideline will call for 100 feet minimum clear lone free of cross traffic, as in our sketch of February 7th. Ile anticipate conflict problems with your design. 4 If you have any comments or questions, please contact us. Your very, - vuly, G60r,Y6 ,L. artos Assistant District IV 'Traffic Operations Engineer GLM:eU cc Mr. ,Jack G. Jennings ✓ Mr. John Wilson BOOK: 43 PacE 439 ..:. . r � MAY 7 1980 soor 43 . PAGE 440 COMMISSIONER WODTKE WANTED TO BE ASSURED THAT THE SIGNAL WILL BE INSTALLED ACCORDING TO THE REGULATIONS OF THE DOT. ADMINISTRATOR JENNINGS NOTED THERE WILL BE A LEFT TURN SIGNAL ON THE LIGHT, AND ATTORNEY DARLSON STATED THAT IT WAS A REQUIREMENT OF THE DOT. COMMISSIONER Loy WONDERED WHO DECIDED WHEN THE APPROPRIATE TIME WAS FOR PUTTING UP THE LIGHT. ATTORNEY DARLSON REPORTED THAT THE DOT IS IN CONTROL OF THE SIGNALIZATION. MEMBERS OF THE BOARD EXPRESSED CONCERN FOR OUR CITIZENS AT THAT INTERSECTION. ATTORNEY DARLSON REFERRED TO THE FOLLOWING LETTER FROM SIGNAL CONSTRUCTION COMPANY: Mr. Joe Collins County Attorney Indian River County P.O. Box 3686 - Beach Station Vero Beach, Florida 32960 Dear Mr. Collins, April 21, 1980 With respect to the proposed traffic signal for the Shopping Center at U.S.-1 and Oslo Road, please be advised that we have reviewed the traffic requirements for this intersection and made a preliminary design study for the intersection equip- ment. In conversation with Peter C. Smith Assoc., we have determined that if this intersection is constructed that the budget allow- ance of $30,000. would be adequate to cover all construction costs within the next 12 months for this proposed construction. This amount, we understand, is to be placed in escrow with the County to guarantee the construction of the signal if it is needed. Our firm will guarantee to provide for the construction of this intersection in accordance with the DOT standard and Indian River requirements for the above amount and we have been asked to ad- vise the County of this so that this project may be implemented or proceed as needed. If your office needs any further information on this, please contact the undersigned. Yours truly, SIGNAL CONSTRUCTION•COMPANY, INC. Don Copeland GENERAL CONTRACTORS DLC : ed SPECIALTY INDUSTRIAL CONTRACTORS 33 Commerce Way cc: Mr. Charles Connery, Peter B. Smith Assoc. Jupiter (305) 746-8636 Jupiter, Florida 33458 Mr. Neil Nelson, Indian. River County Miami (305) 947-2259 HE CONTINUED THAT HIS CLIENT WILL BE RESPONSIBLE AND OBLIGATED TO MAKE PAYMENT OF ANY SHORT FALL, IF IT OCCURS, ATTORNEY COLLINS COMMENTED THAT THE BOARD IS DEALING WITH A PARTNERSHIP, RATHER THAN A CORPORATION, AND HE THOUGHT PETER B. SMITH WAS CAPABLE OF PAYING FOR THE SIGNALIZATION. THE BOARD THEN ASKED FINANCE OFFICER BARTON'S OPINION ON THE REQUEST MADE BY ATTORNEY DARLSON THAT THE $30,000 BE INVESTED IN CERTIFICATES OF DEPOSIT FOR ]Z MONTHS AND IN INCREMENTS OF 30 DAYS THEREAFTER UNTIL THE JOB IS COMPLETED, RATHER THAN A PASSBOOK SAVINGS ACCOUNT, FINANCE OFFICER BARTON FELT THERE WOULD BE NO PROBLEM.. ATTORNEY COLLINS FRANKLY DID NOT KNOW WHAT ELSE THE DEVELOPER COULD OFFER THE COUNTY IN THE WAY OF ASSURANCES. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, THAT THE BOARD ACCEPT THE PROPOSITION THAT THE APPLICANTS MONEY FOR THE GUARANTEEING OF THE SIGNALIZATION BE PLACED IN ONE YEAR CERTIFICATES OF DEPOSIT TO DRAW INTEREST, THAT THE INTEREST ACCRUE TO THAT ACCOUNT EITHER FOR THE PURPOSE OF RETURNING THE DEPOSIT PLUS INTEREST AFTER THE SATISFACTORY COMPLETION OF THE SIGNALIZATION, OR IF THE SIGNALIZATION IS NOT COMPLETED, BE USED AS, PART OF THE GUARANTEE FOR COMPLETION, HAVE THE APPLICANT PREPARE THE APPROPRIATE CONTRACT FOR REVIEW BY THE ATTORNEY, AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER WODTKE WANTED IT UNDERSTOOD THAT AT THE TIME OF INSTALLATION OF THE SIGNAL, IT WILL MEET DOT AND INDIAN RIVER COUNTY REQUIREMENTS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. M O B��K 4.3, PAG 41 I ow- 43 PACE 442 THE BOARD DISCUSSED THE FOLLOWING REQUEST FROM SUPERINTENDENT .JAMES A. BURNS FOR THE USE OF FOUR VOTING BOOTHS AS FOLLOWS: Telephone (305) 567-7165 SUNCOM No. 465 - 1011 SCHOOL BOARD SCUCCU IDISIfUK-r (CF 1S1)1A%S VIVU-V 'CCUSTIV JOE N. IDLETTE, JR. Chairman 1426 19th Street - P. O. Box 2648 - Vero Beach, Florida 32960 l - GARY W. LINDSEY Vice -Chairman IV f JAMES A. BURNS, Superintendent d�q ,. `' j RICHARD A. BOLINGER RUTH R. BARNES ' DOROTHY A.TALBERT April 22, 1980 Mr. W. W. Siebert, Chairman Board of County Commissioners 2145 14th Avenue Vero Beach, Florida 32960 Dear Mr. Siebert: i The Principal of the Sebastian River Middle -Junior r I High School needs the use of four voting booths at his school on May 14th. I respectfully request the loan of these voting booths for this day. If you need further information, please call my office. Sincerely, James A. Burns !Superintendent ao.,,, _ 26® ASSISTANT ADMINISTRATOR NELSON ADVISED THAT SUPERVISOR OF ELECTIONS RICHEY HAS NO MONEY IN HER BUDGET TO PROVIDE THIS SERVICE, WHICH WOULD AMOUNT TO APPROXIMATELY $372 FOR FOUR MEN TO DELIVER AND PICK UP THE VOTING MACHINES. BOARD SECRETARY FORLANI COMMENTED THAT MRS. RICHEY SUPPORTED THE USE OF THE MACHINES BY THE JUNIOR AND SENIOR HIGH SCHOOL CLASSES. CHAIRMAN SIEBERT FELT WE SHOULD NOT ALLOW THE MACHINES TO BE USED INDISCRIMINATELY IF THEY WERE INTENDED JUST FOR THE JUNIORS AND SENIORS. COMMISSIONER DEESON STATED HE WOULD SUPPORT THIS REQUEST IF THE SEBASTIAN SCHOOL WOULD PROVIDE THE ACTUAL COST OF MOVING THE MACHINES. COMMISSIONER LOY EXPRESSED CONCERN FOR THE YOUNGSTERS TO LEARN BUT FELT THE PRIORITY WAS FOR THE UPPER GRADES, AND NOT IMPERATIVE FOR THE SIXTH AND SEVENTH GRADERS. SHE SUGGESTED THEY COME TO THE SUPERVISOR OF ELECTIONS OFFICE TO LEARN ABOUT VOTING MACHINES. ASSISTANT ADMINISTRATOR NELSON SUGGESTED OFFERING A FIELD TRIP TO THE CHILDREN TO SEE THE VOTING MACHINES AT THE NEW FACILITIES AT THE COUNTY BARN WHERE THEY ARE STORED. CHAIRMAN SIEBERT NOTED THAT THEY ARE ACTUALLY CONDUCTING AN ELECTION AT THE SCHOOL. COMMISSIONER LYONS WONDERED IF MRS. RICHEY HAD A VOTING MACHINE THAT IS IN SUCH A STATE THAT IT IS NOT USABLE FOR THE GENERAL ELECTION AND COULD BE USED FOR REQUESTS OF THIS KIND. COMMISSIONER Loy COMMENTED THAT APPARENTLY THE LAW REQUIRES MRS. RICHEY TO KEEP A VOTING MACHINE IN HER OFFICE, BUT THERE ARE NONE AVAILABLE THAT ARE NOT USABLE. DISCUSSION FOLLOWED ALONG THOSE LINES. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMIS- SIONER Loy, THAT THE BOARD PERMIT THE SEBASTIAN RIVER MIDDLE -.JUNIOR HIGH SCHOOL TO USE FOUR VOTING MACHINES, PROVIDING THEY PAY THE ACTUAL 0 soox 43 PA 443: r Boa 43 PgE444, COST OF MOVING THEM, AS THESE FUNDS ARE NOT AVAILABLE IN THE SUPERVISOR OF ELECTIONS' BUDGET FOR THIS YEAR, AND TO ADHERE TO THE POLICIES PREVIOUSLY ADOPTED BY THE BOARD IN 1976. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED, WITH COMMISSIONER LYONS VOTING IN OPPOSITION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE EXTENSION OF TIME ON THE LIBRARY SERVICE TO THE AGING CONTRACT, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. �l CONTRACT I1)ENIIFIC;+T10N Dl -S -19-1-10-B FLORIDA STATE PLAN SPATE -WIDE LIBRARY PROGRAM GRANT AMENDMENT TO AGREEMENT BETWF-.EN STATE OF FLORIDA DEPART14ENT OF STATE DIVISION OF LIBRARY SERVICES AND THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ORIGINALLY EXECUTED 06/06/19 It is hereby agreed as of Lhi s __7TH__ day of _-MAY------, -MAY__—.- —, 19"0, between the State of Florida, Department of State, Division of Library Services and the Board of County Commissioners of Indian River County, Florida to amend the above referenced contract so that: Paragraph _ 3 -_ shall now read "This contract shall be in effect during the period April 1, 19 79 through September 30, 1981." All sections of the aforementioned original contract shall be effective except as stipulated by this agreement. This amendment shall be effective upon execution. i) hairman ! i George Firestone Board or County Coiranissicr:Ers Secretary of State Indiar River Ccunty State of Florida M MEW IT BOOK . ; 43 - PAGE 45 MAY 71980 BOOK 43. FA.G€ 446 FLORIDA STATE PLAN STATE-WIDE LIBRARY PROGRAM GRANT CONTNICT TD::i.TItICATI0jV AGREEMENT BETWEEN DLS-79-I-10-B STATE OF FLORIDA, DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES AND THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA /9 This Agreement, made this �`�C� day of L<�-' 19�between the State of Florida, Department of State, Division of Library Services, hereinafter called the DIVISION, and the Board of County Commissioners of Indian River Count3a, Florida hereinafter called the behalf of the Indian River County Library called the LIBRARY. WITNESSETH COUNTY , for and on hereinafter WHEREAS, the DIVISION, as administrator of Federal funds provided through the Library Services and Construction Act, Public Law 95-123, under the plan of operation approved by the U.S. Commissioner of Education, is desirous of extending LIBRARY SERVICE TO THE AGING ; and, WHEREAS, the LIBRARY has proposed a program of library service to the aging to the DIVISION, which program is acceptable to the DIVISION; NOW, THEREFORE, the parties hereto agree as follows: I. The COUNTY agrees to: a. Administer all funds allocated to it by the DIVISION to carry out library service to the aging . b. Repay to the DIVISION any and all funds not thus expended. c. Make such written reports as the DIVISION may require, including a narrative report showing the progress of the program and written reports of expenditures, and to provide an audit report by a certified public accountant, unless audited by the Auditor General. d. Review, at the close of the grant period, the program and progress made toward its implementation. e. Provide verification that the LIBRARY will comply with Title VI of the Civil Rights Act of 1964. 2. The DIVISION agrees to: a. Furnish funds in accordance with the terms of the program in the amount of Four Thousand and Seven Hundred Dollars ($4,700.00) Si --,card Awt # DLS-79-A I r for the period -2- April 1, 1979 through March 31, 1980 in consideration for the LIBRARY'S performance hereinunder, which amount will be paid in full contingent upon funding by the Department of Health, Education and Welfare, Office of Education. b. Furnish supervision, counsel and assistance toward the objective of providing library service in this area. 3. This contract shall be in effect during the period April 1, 1979 through March 31, 1980 WITNESSETH: As To:/eorge Fireston , Secretary of State, State of Florida i As/.o: George Firest4 e, Secretary of 'State, State of Florida As To: Di reptor, Di vi sI on of Library Services, Department of State, State of Florida As Te. Director, Dt, i s i o of Library Services, Department of State, State of Florida As To: Chaixman';'Board of County Commissioners of Indian River County, Florida As Tc(. Ch man, Board of County ZC issioners of Indian River County, Florida Standard Contract # DLS-79-A George Firestone, Secretary of State, State of Florida i rector Division of Library Services, Department of State, State of Florida Chairman, Board of County Comm'gs'oners of Indian River County, Florida 4 Approved as to form and legality: Office of General Counsel, DOS Date Approved as to fiscal sufficiency: aooK 43 PAGE 44? t� 525-- i Offl-e of Financial 1' na��r;cnt, DOS [)ate / i poor 43 PAGE 448 THE BOARD NEXT CONSIDERED A REQUEST FROM HOWARD PAUTZKE OF THE ZONING DEPARTMENT REQUESTING NO PARKING SIGNS AS FOLLOWS: April 24 1980 MEMO { TO: Jack G. Jennings, County Administrator FROM`:' Howard Pautzke, Zoning Department SUBJECT: No Parking Signsn This is to inform you we have been having complaints from people living in Vantrician Subdivision south of 14th Street in Indian River County. The complaints are that people living in the Pines Of Vero that is located in the City of Vero Beach are parking trucks, cars, etc. along 14th Street on the north and south side which causes problems of traffic pattern along 14th Street. 3 We hereby are asking that "No Parking signs be installed along 14th Street on the north and south side for protection of property owners from west side of Vantrician Subdivision, P.B.I. 8-19 to east side of Phyl-Ann Terrace Subdivision, P.B.I. 8-59 and Ravinia'-Gardens which is not developed at this time in P.B.I. 1-66, between Vantrician and Phyl-Ann Terrace Subdivisions. Please find enclosed copy of request for sign locations. HP: jt Enclosure 32 NW 1/4 SECTION 10 - P 8.1 1-46 1-9vBl 8•IfB I f-39 . I Ip 8 ~2t 9!YI/' I 31 1 I e 29 2' I tA 1 1 I1 1 1 I I SEE ENLARGED .1/4 .OF 1/4 e .. r I I II II 1 �J R J 3 • ,o P14 u IL9lK I a 13% ` 7 e� 9 Ito /4 rA P4.4 CE �t 11 t/ 22 9 y x ; t2CL. y Mtt, 2t1 c. t0 ,�•j 18 Ito /4 rA P4.4 CE �t 11 t/ x ; t2CL. q 24 21 18 13 7 4 is ,I « 25 y 1 a 113 : 17 1412 • ` 1 ,/4 TH STREET • fi $ -_�y - -_ - 1 f0 • q I 3 4 _ 1 _. '1 1 Iy •IO •12 •'4 „t G 24 ! a .3 . 3 17 <W I :2 M T6' Pia0 CE - ••!F e. -6 la •W '.il. ry� 1 8 •� 7 _-• M S I{j 1 8 d 3 2 I IJ y �9. 9 W 18 19 10 1 1 .7 .2. '� W ' ;:1 g �y .r ..9 20-o •...1 ... s.•9. 13 y 14 13 -•"`� 21 1]].l_ w 13].x' I 1 /F Th' ST.C£f •T SEE ENLARGED 1/4 .. i c'_ Yc OF :1/422 •+ - - �• •• s:=`_ - ♦ .[�; w 4 3 2 i — 17 1 10 it :2 13 •'. 20 19 4 4 24 Tn6 `. v S e ~o . , 1 1 , 2 L:- P[.d CE' 2 x. 2 1 •~it 23 .. �'. ., 4 xe 2S .r 7 7- 26 r (8 27•�' i i c2 1 2C 25 f f 1 9 011 li 13 a 21 .0 10 026 w ) 1 1 9 11 133 4' s .y t• It VAILENCIIA VAR NTROCIIAN RAVI bC °Q - ' PH17L -'ANN PARK K of i. f If GARDENS TERRACE •....:� 1 vel 1.46 1.86 ._ .' _ P.D. I. 6-39 - •' NO PA R 91116 A x.00 43 PAGE 4 7 PooK 43 PAu 450 DISCUSSION FOLLOWED AND ADMINISTRATOR JENNINGS ADVISED. THIS IS A COUNTY ROAD AND THERE WAS DEFINITELY A PROBLEM IN THAT AREA. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, -THE BOARD UNANIMOUSLY AUTHORIZED "NO PARKING SIGNS" TO BE INSTALLED AS INDICATED IN THE MEMO OF APRIL ZZ, 1980. ADMINISTRATOR JENNINGS BROUGHT UP THE SUBJECT OF FINAL PLAT APPROVAL OF GLENWOOD SUBDIVISION AND ADVISED THE BOARD THAT HE HAD BEEN TO THE SUBDIVISION YESTERDAY - IT WAS ALMOST COMPLETED, AND.HE FELT IT COULD BE PASSED BUT HE WANTED TO INSPECT IT AFTER LUNCH. HE ADVISED THAT MR. LUETHJE, OF CARTER ASSOCIATES, ASKED TO HAVE THIS ITEM CONTINUED UNTIL LATER THIS AFTERNOON, COMMISSIONER LYONS SUGGESTED THE BOARD COULD PASS THE FINAL PLAT APPROVAL SUBJECT TO THE FINAL INSPECTION OF THE COUNTY ADMINIS- TRATOR. ATTORNEY COLLINS CAUTIONED THERE MIGHT BE SOME PROBLEM WITH THE EASEMENT. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF GLENWOOD SUBDIVISION, SUBJECT TO THE FINAL INSPECTION BY THE ADMINISTRATOR, AND SUBJECT TO THE ADMINISTRATOR RECEIVING THE ACCEPTABLE RIGHT-OF-WAY. CHAIRMAN SIEBERT DISCUSSED ADDITIONAL COMPENSATION FOR COUNTY COMMISSIONERS, AND AFTER FURTHER INVESTIGATION, HE FOUND THE ONLY ONE ELIGIBLE TO RECEIVE MONEY FOR EXPENSES IS THE CHAIRMAN. DISCUSSION FOLLOWED ABOUT THERE BEING A RESOLUTION OR. OTHER MATERIAL THAT PREVIOUSLY EXPLAINED THE ADDITIONAL COMPENSATION. COMMISSIONER LYONS FELT THAT SINCE THERE WAS MONEY AVAILABLE FOR THE CHAIRMAN, HE SHOULD START TAKING IT. CHAIRMAN SIEBERT AGREED THAT HE WOULD, AND THEN DONATE IT TO THE VOLUNTEER AMBULANCE SQUAD. HE ADDED THAT HE WOULD LIKE TO LOCATE THE MATERIAL MENTIONED ABOVE, REVIEW IT, AND THEN CONTINUE THIS DISCUSSION LATER IN THE AFTERNOON. COMMISSIONER DEESON SUGGESTED WE CONSIDER GIVING THE CITY OF SEBASTIAN THE BALLFIELD LIGHTS STORED AT THE COUNTY BARN. HE CONTINUED THAT ORIGINALLY WE REQUESTED THE LIGHTS FROM THE SCHOOL BOARD FOR FUTURE USE, HOPEFULLY AT THE HOBART PARK BALLFIELD, BUT THIS DID NOT OCCUR. COMMISSIONER DEESON RECOMMENDED WE GIVE THEM TO THE CITY OF SEBASTIAN, AS THEY WERE GIVEN TO US. DISCUSSION FOLLOWED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO GIVE THE CITY OF SEBASTIAN THE BALLFIELD LIGHTS, AND THAT THEY MAKE ARRANGEMENTS WITH THE COUNTY ADMINISTRATOR TO PICK THEM UP AT THE COUNTY BARN. COMMISSIONER DEESON BROUGHT UP THE SUBJECT OF THE WIDENING OF STATE ROAD 512, AND DISTRIBUTED PHOTOGRAPHS TO THE BOARD PERTAINING TO THE ROAD. HE ADVISED DOT HAS INDICATED THAT THEY A -R -E -OUT OF FUNDS FOR CONSTRUCTION OF PROJECTS FOR 1980. COMMISSIONER DEESON REQUESTED THAT THE BOARD ADOPT A RESOLUTION TO GO ON RECORD POINTING OUT THE DANGERS INVOLVED IN THE ROAD TO DOT, AND HOPEFULLY, THIS PROJECT WILL BE FUNDED IN THE FUTURE. DISCUSSION ENSUED AND IT WAS POINTED OUT THAT GOVERNOR GRAHAM WOULD RECEIVE A COPY OF THE RESOLUTION AND THE PHOTOGRAPHS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 80-42 REGARDING THE WIDENING OF STATE ROAD 512. 35 4 BOOK 43 PAGE 45 MAY 71980 mox 43 PAGE 452 RESOLUTION NO. 80- 42 WHEREAS, State Road 512 from I-95 East had been scheduled in the construction year of 1980 to be widened and improved; and WHEREAS, State Road 512, between State Road 510 and U. S. 1, constitutes a substantial traffic hazard, primarily because of new school construction and increased traffic in the:,area; and WHEREAS, by eye -witness reports there is not sufficient room on that portion of State Road 512 between State Road 510 and U. S. 1 for a large dirt -hauling truck and school bus to pass with both vehicles staying on the road; and WHEREAS, there is a hill just West of the railroad tracks on State Road 512 that constitutes a traffic hazard to East- bound vehicles approaching the crossing and said hazard could be eliminated by a redesign of the approach; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board requests the Department of Transportation to re-establish the funding for the widening and improving of State Road 512 between State Road 510 and U. S. 1; and BE IT FURTHER RESOLVED, that when funds are available to - the Department of Transportation that these funds be applied to the above project. day of Said Resolution shall become effective as of the 7th May , 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By— il and W. Siebert, J , hairman Attest: Freda Wright, Cl, rk THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:10 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH ALL THE SAME MEMBERS PRESENT EXCEPT COMMISSIONER WODTKE WHO WAS UNABLE TO ATTEND THE AFTERNOON SESSION DUE TO ILLNESS IN HIS FAMILY. COMMISSIONER LYONS HAD A QUESTION ON ORDINANCE 80-13, WHICH IS TO BE EFFECTIVE AS OF JUNE IST AND COPY OF WHICH WAS INCLUDED IN THE PACKET OF MATERIAL SUBMITTED TO THE BOARD FOR REVIEW. THIS ORDINANCE PROMULGATES THE RATES TO BE CHARGED FOR USE OF COUNTY WATER AND SEWER SERVICES. HE FELT THE LANGUAGE ON PAGE 3 IN THE PARAGRAPH ENTITLED "METER CALIBRATION" DID NOT CLEARLY EXPLAIN THE CHARGES. ATTORNEY COLLINS STATED THAT AS HE READ IT, THERE IS NO CHARGE IF THE METER IS FAULTY, BUT IF IT IS FOUND TO BE WORKING ACCU- RATELY, THEN THERE IS A $10.00 CHARGE: COMMISSIONER LYONS POINTED OUT THAT THIS CHARGE IS ONLY MADE PROVIDED THE METER HAS NOT BEEN TESTED IN THE TWELVE MONTH PERIOD. UTILITY DIRECTOR LINER AGREED THAT IF THE METER HAS NOT BEEN CALIBRATED WITHIN THE LAST TWELVE MONTHS, THEN IT IS DONE FREE - AND CHAIRMAN SIEBERT COMMENTED THAT, IN OTHER WORDS, WE HAVE THE RESPONSIBILITY OF CALIBRATING THE METER AT LEAST ONCE A YEAR. DISCUSSION CONTINUED ON HOW TO CLARIFY THIS PARAGRAPH, AND ATTORNEY COLLINS STATED THAT HE WOULD REWORD IT IN LINE WITH THE BOARD'S DISCUSSION AND MAKE IT CLEAR THAT IF THE METER HAS BEEN TESTED WITHIN THE LAST TWELVE MONTHS, THERE SHALL BE A $10.00 NON- REFUNDABLE SERVICE CHARGE. ORDINANCE 80-13 IS HEREBY MADE A PART OF THE MINUTES AS ADOPTED AT THE MEETING OF APRIL 23, 1980, WITH THE CLARIFICATION DISCUSSED ABOVE. 1f AT MAY 71980 aoaK 43 PAu 453 MAY 71980 43 PAGE 454 INDIAN RIVER COUNTY ORDINANCE NO. 80-13 AN ORDINANCE PROMULGATING THE RATES TO BE CHARGED FOR USE OF COUNTY WATER AND SEWER SERVICES; OUT- LINING MEANS OF ENFORCING PAYMENT FOR SUCH SERVICE; PROMULGATING REQUIREMENTS FOR CONNECTION; SETTING UP MAINTENANCE REQUIREMENTS; PROHIBITING FREE SERVICE; AND PENALTIES FOR VIOLATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That: " SECTION 1. CONNECTIONS WITH WATERWORKS SYSTEM. Where the same shall be available, the owner of every lot or parcel of land within the unincorporated portion of Indian River County, hereinafter referred to as "County", shall (except as limited by Section 3) connect, or cause the plumbing of any building, or buildings thereon to be connected, with the County waterworks system of Indian River County, Florida, and use the facilities of such systems. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Commissioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making such connections in such reasonable amount as such Board may fix and determine by Resolution. SECTION 2. CONNECTIONS WITH SEWER REQUIRED. The owner of each lot or parcel of land within the County upon which lot or parcel of land any building, or trailer used as a dwelling, is now situated, or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or buildings or trailer or trailers to be connected with the public sewer facilities of the County sewer system of Indian River County, Florida, and use such facilities within two (2) months following notification to do so by the Utilities Department of Indian River County, Florida. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the Board of County Com- missioners of Indian River County, Florida, which rules and regulations shall provide for a charge for making any such connections in such reasonable amount as such Board may fix and determine by Resolution. No connection or connections shall be required where said sewer system or line is more than two hundred (200) feet from such lot or parcel of land. SECTION 3. SEWER CONNECTIONS REQUIRE COUNTY WATER. All connections to the County sewer system shall be simultaneously connected to the County water system. No County sewer service shall be provided without County water except as provided by County Resolution, that Tripartite between the City of Vero Beach, Vero Mall and Indian River County and the lands addressed thereon, or where such service previously existed. SECTION 4. EXCEPTIONS TO CONNECTIONS. This Ordinance shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connection. SECTION 5. CONNECTIONS MAY BE MADE BY COUNTY. If any such owner of any lot or parcel of land within the County shall fail and refuse to connect with and use the facilities of the sewer system of the County after notification by the Utilities Department, as provided herein, then the Utilities Department shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connections. The County shall there- upon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any Court of competent jurisdiction. In addition, and as an alternative means of collecting such costs or making such connections, the County shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the'County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. SECTION 6. RATES. A. A rate schedule will be adopted by the County providing for the following user rates: WATER Residential and Commercial (whether individual meter or master meter) First 2000 gallons (Base Rate per Unit) All over 2000 gallons SEWER Residential First 2000 gallons (Base Rate per Unit) All over 2000 gallons Commercial RATE $7.10 per month, minimum $1.50 per 1000 gallons RATE $7.10 per month, minimum 87% of $1.50 per 1000 gallons up to 10,000 additional gallons, maximum Including schools, public 100% of water bill buildings, churches, service stations, retail stores, and all non-residential services B. DEPOSITS AND SERVICE CHARGES Security Deposit - A refundable deposit will be required of all new customers and reconnected units per the following table: Water Service: 5/8 X 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter 3" Meter $ 20.00 30.00 4 40.00 70.00 120.00 Sewer Service - Equal to water deposit; a water and sewer customer will be 2 times the above table. Sewer only service to franchised water service areas will pay a deposit of 1 1/2 times the above figure. The deposits will ensure final payment of any bill. Accrued interest of the escrowed deposits will be applied to Operation and Maintenance Revenues, to hold down general service charges. :Vz MAY 71990 BOOK 4 P� 455 RON 43 PacE 456 Miscellaneous Non -Refundable Service Charges Reconnect during normal working hours - $10.00 This charge is made upon initial service connection, or for change from temporary to permanent service,a reconnect after delinquency shut off, or for transfer of service from one location to another, where there was an existing account. Reconnect during off duty hours - $20.00 Meter re -reads and Leak inspection - $5.00 This charge is for special inspection at request of customers when there_ is no interruption of service and the account remains in the same name. If the re -read is a result of an error of the initial meter reading, this charge will not be assessed to the customer. Delinquency Charge - $1.50 This assessment will be made if by deadline date at the utility service payment is not received office per Section 14. Meter Installations - This charge covers the actual cost of materials (meter, connector, box) and labor for each new meter installation where an existing available service had been previously installed. It does not cover impact fees, tapping charges, or curb -stop covered elsewhere. Meter Size 5/8 x 3/4" 1" 1 1/2" 2" 3" Turbine Meter Installation Charge $ 90.00 $130.00 $264.00 *$330.00 *$880.00 *These charges do not include meter vault which will be supplied by developer. Meter Calibration - $10.00 Upon request of a customer, the Utility Department shall test a water meter to determine if the meter is operating within established standards, (95 to 101.5% of TRUE). If the meter has been tested within the last twelve months, there shall be a Ten Dollar ($10.00) non-refundable service charge if the meter is found to be operating accurately. If the meter is in error, i.e., outside the range of 95 to 101.5% of TRUE, then a billing adjustment will be made for a period not to exceed the past six months of actual service. There shall be no charge for testing in the event the water meter has not been tested within the last twelve months preceding the request. The service charge may be applied against monies due in the event a meter, after testing, is found to be inaccurate within the range established above. Line Location - No Charge Damage Repair - $50.00 plus costs Any contractor or customer who damages any water or sewer facility by digging before asking for a line location or digging the located line will be assessed a fine plus material and labor costs for making the repair as required by the utility. If the line was improperly located, no charge will be made. Utility Inspection - New developments requiring repeated inspections during the utility installations will be assessed according to the following table for water and sewer: Residential or Commercial .........$20.00 per Unit (water alone will be $10.00 per Unit) Hydrant Maintenance Annual Charge ............$40.00 per Hydrant Hydrant flow calibration .....................$35.00 per Hydrant -3- Tapping Fee - At Cost This charge is assessed at any time the main must be tapped and the service line is extended to the meter location on the customers' lot line. The cost of tapping depends on the complex- ity of the installation. It includes such things as the length of the service line; if across a paved road, it includes the cost of cutting, installing the pipe and paving the road; all pipe fittings; and labor. The work orders will list all time and materials for making the assessment at cost. SECTION 7. UNLAWFUL CONNECTION. No person shall'be allowed to connect into any water line or sewer line owned by the County without the written consent of the County, and then the connection with such line shall be made only under the direction and supervision of the Utilities Department. Any property owner, plumber or other individual who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. SECTION 8. UNLAWFUL CONSTRUCTION. No person, group of persons, firm or corporation shall build or remodel or cause to be built or remodeled any structure used for human habitation or occupancy on a property within the County which is within two hundred (200) feet of a public sanitary gravity sewer line or water main without connection to the gravity line or water main. All construction shall adhere to latest revision of "Construction Specifications for water distribution and sewage collection facilities by Vero Beach". SECTION 9. CONNECTING OLD PLUMBING. Whenever it is desirable or required to connect old plumbing with the County sewer main and/or water line, the owner or plumber contemplating doing such work shall notify the County Utilities Department who will inspect said old plumbing and notify the owner or plumber what alterations will be necessary to place said old plumbing in an acceptable condition for such connection. Alterations shall be made within two (2) months of motification. Any owner or plumber who shall make any connection without the approval of the County Utilities Department shall, upon conviction, be subject to the penalties hereinafter provided. SECTION 10. SANITARY REQUIREMENTS. Every residence and building in which human beings reside, are employed or congrega- ted, shall be required to have a sanitary method of disposing human excrement, gray water discharge such as washing machines, dishwashers, etc., namely either a sanitary water closet that is connected with the County or Franchised sewer, or an approved type of septic tank. A septic tank will be used only if the property is more than two hundred (200) feet from the gravity sewer line. SECTION 11. DISPOSAL REQUIREMENT. It shall be unlawful for any person, persons, firm or corporation owning or leasing any premises in the County, to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. it SECTION 12. SEPTIC TANK. No septic tank other than those approved by the appropriate agencies shall be constructed or installed within the County. No septic tank shall be con- structed on a property within two hundred (200) feet of a County gravity sewer line. Where elevation, soil conditions, and environmental requirements permit, Septic Tanks will be- preferred epreferred for single family homes provided with public or franchised water. For lots with wells and septic tanks there shall be no more than four (4) units per acre with a limitation that the number of units per acre allowed shall be determined by current Department of Environmental Regulation and Health Department Rules and Regulations existing as of the date application is made. Multi family buildings and commercial buildings shall not be permitted to have septic tanks which have a higher _ -4- aoOK 43,,PAGE 457 . � aw. 43, PAGE458 Equivalent that allowed for Residential Connections. The standard of connection for multi family and commercial buildings not exceeding the above Residential Equivalent, shall be as provided by the Department of Environmental Regulation and Health Department Rules and Regulations existing at the time of application. SECTION 13. MAINTENANCE OF PLUMBING SYSTEM. The owner of the property shall be responsible for maintaining and keeping clean the water and sewer pipes leading and connecting from the plumbing system to the County distribution lines and main sewers. This includes the meter boxes and easements for access to them. SECTION 14. PAYMENT OF FEES AND BILLS REQUIRED. Bills for monthly charges and fees hereinbefore mentioned should be . submitted and shall be payable on the 15th day from the date of said 'bill.. If such monthly bill shall be and remain unpaid on and after the 16th day of such month for such service, a penalty of $1.50 shall be imposed and be added to said bill. If such monthly bill shall be and remain unpaid on and after the 25th calendar day of such service bill, the water service to said customer shall be subject to discontinuance until all past due water bills are fully paid, together with the $10.00 reconnection fee. All other parts of the Ordinance will apply as presently written. SECTION 15. COLLECTION OF SEWER FEES WHERE OWNER HAS COUNTY WATER SUPPLY. Where sewage disposal fees are not paid in accordance with the provisions outlined above, the County shall have a right to cut off the water supply to the plumbing system and the owner shall have no right to reconnect the water supply until the sewage disposal fees have been paid in full. Any violation of this provision by reconnecting the water supply, until such sewage disposal fees are paid in full, shall be considered a violation of this Ordinance and subject to the penalties hereinafter provided. SECTION 16. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure to keep the sewer pipe, i.e., the pipe leading from the plumbing system to the sewer main, clean and maintained in a proper manner will give the County the right to cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. Any violation of this provision by reconnecting the connection from the County water line, until such sewer pipes are cleaned and maintained properly, shall be considered a violation of this Ordinance, and subject to the penalties hereinafter provided. Cleaning by forcing obstacles through service lines to the public system is forbidden. SECTION 17. NO SERVICE FEE. No water nor sewage disposal service shall be furnished or rendered free of charge to any person, firm or corporation whatsover, and the County and each and every agency, department or instrumentality which uses either or both services shall pay therefor at the rate fixed by this Ordinance. SECTION 18. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT. Each building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be billed separately for the payment of the water fees and the sewage disposal fees, and separate connections and meters will be required for each building. SECTION 19. PENALTIES. Any person, firm or corporation or anyone acting in behalf thereof who shall violate or fail to comply with any of the provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed Five Hundred Dollars ($500.00). The Board of County Commissioners may enforce the provisions of this Ordinance by seeking injunctive relief or any other remedies provided by law. -5- � i r SECTION 20. TAMPERING. Any violation of Florida Statute 812 (1979) shall be prosecuted as a violation of said Statute and punished, after conviction, as provided in said Statute. SECTION 21. Indian River County Ordinance No. 78-34 and Indian River County Ordinance No. 78-45 and all Ordinances or sections or parts of sections of the Code of Ordinances of Indian River County, Florida, in conflict herewith are hereby repealed. SECTION 22. EFFECTIVE DATE. This Ordinance shall become effective on June 1, 1980. 4 MAY 71980 Beak 43`4Au.459 L- . 94QK ,P . MAY 71980 3 PACE 460 CHAIRMAN SIEBERT ANNOUNCED THAT THE PUBLIC HEARINGS IN REGARD TO THE TWO PROPOSED ORDINANCES RE EXTENSION OF MAINS AND CHARGES FOR NEW CONNECTIONS TO THE WATER AND SEWER UTILITY SYSTEMS: WHICH WERE CONTINUED FROM THE MEETING OF APRIL 23, 1980, WOULD BE HEARD AT THIS TIME. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS HAD THE ORDINANCES TYPED UP WITH THE,CHANGES IN THEM THAT WERE DISCUSSED AT THE LAST MEETING. HE INFORMED THE BOARD THAT HE BELIEVED THE REASONS FOR HAVING THE EFFECTIVE DATE OCTOBER IST NOW.HAVE BEEN OVERCOME, BUT WISHED TO KNOW THE BOARDS FEELINGS ABOUT THIS. COMMISSIONER LYONS INQUIRED IF THERE WERE ANY ADVANTAGES ONE WAY OR THE OTHER, AND MR. LINER STATED THERE WERE NONE HE KNEW OF. HE COMMENTED THAT HE HAD DISCUSSED WITH TROPIC PROVE THE NEED FOR COMING TO SOME SOLUTION FOR THEM BEFORE EITHER OF THESE WERE PUT INTO EFFECT. ATTORNEY COLLINS DID NOT SEE ANY REASON TO DELAY THE IMPLE- MENTATION OF BOTH ORDINANCES, AND THE BOARD AGREED. THE ATTORNEY REPORTED THAT HE HAD ADDED ONE PARAGRAPH TO THE ORDINANCE WHICH DEALS WITH A UNIFORM METHOD OF DETERMINING THE COST OF EXTENSION OF MAINS - PAGE 4, SECOND PARAGRAPH: "THE COUNTY FURTHER DECLARES THAT NO DEVELOPMENT OR PROPERTY OWNER SHALL HAVE A VESTED RIGHT TO BE CONNECTED BY PAYING THE FORMULATED CONTRIBUTION IN AID OF CONSTRUCTION,I SET FORTH BELOW, WHEN SAID PAYMENTS ARE INSUFFICIENT TO PAY THE COSTS OF UTILITY IMPROVEMENTS THAT DIRECTLY BENEFIT THE SUBJECT PROPERTY. ALL EXTENSIONS OR IMPROVEMENT OF UTILITY FACILITIES MUST BE ECONOMICALLY FEASIBLE TO COUNTY AND SUB- JECT TO COUNTY'S UTILITY ABILITY." THE ATTORNEY COMMENTED THAT THE ECONOMIC FEASIBILITY PURPOSE OF THIS PARAGRAPH IS TO DEAL WITH THE QUESTION OF PEBBLE BAY. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARINGS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONED DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 80-21 PRESCRIBING A UNIFORM METHOD OF DETERMINING THE COST OF EXTENSION OF MAINS FOR SANITARY SEWER AND/OR WATER SERVICE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 80-22 PROMULGATING A UNIFORM SET OF CHARGES FOR NEW CONNECTIONS TO THE WATER AND SEWER UTILITY SYSTEMS. ATTORNEY COLLINS COMPLIMENTED UTILITY DIRECTOR LINER FOR HIS WORK ON THESE ORDINANCES. L' 45 4 BOOK 43 P4E 4'6' , . MAY 71980 I soon 43 PAGE 462 ORDINANCE NO. 80-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PRESCRIBING A UNIFORM METHOD OF DETERMINING THE COST OF EXTENSION OF MAINS FOR SANITARY SEWER AND/OR WATER SERVICE IN A FAIR AND REASONABLE MANNER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, owns, operates and maintains water treatment and distribution and sewage collection, treatment and disposal systems; and WHEREAS, new development may require extension of the mains to provide service, or Indian River County may have already provided mains for the service thereof; and WHEREAS, the costs of providing the main extension is to be borne by the property owners, builders and developers ("Developer") within the service area to defray or partially defray the costs of on-site water distribution and sewage collection system; the allocable share of off-site water distribution and sewage collection system; and allocable shares of hydraulic load. The Indian River County declares that this Ordinance has as its goal, the establishment of a uniform method of determining an availability charge so that all such contributions shall be non-discriminatory amongst consumers in the area and shall be applied as nearly as possible with uniformity to all consumers and prospective consumers within the service area. This Ordinance is subject to economic feasibility pertaining to any proposed extension complying with the master plan and provision for debt service; and WHEREAS, it is the obligation of Indian River County to pay certain loans, interest, and debt service for previous utilities under certain specified documented development and main extension agreements as part of the existing systems owned and operated by Indian River County; and WHEREAS, it is the intent of the County in adopting this Ordinance to comply with previous loan requirements and Franchise Agreements and not to duplicate or add charges where they have been previously paid, previously specified or previously com- mitted; however, it is the intention of the County to require the payment of contributions in aid of construction as formulated in this Ordinance by all developers and it is further the intent of the County that all such cash payments as received are to be deposited to the Fund for Water and/or Sewer Main Hydraulic Capacity or its debt service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following methods of determining the cost for contributions in aid of construction portion of the availability charges for service within the combined and consolidated water and sewer systems of Indian River County: Section 1. WATER AND SEWER EXTENSION POLICY. The County requires the contributions in aid of construction preferably through the installation of water dis- tribution and sewage collection facilities by developer, with title to such facilities being transferred to the County when the installation has been completed. The facilities are "on-site" and "off-site" as defined in this Ordinance. The requirement for such contributions is for the purpose of defraying the cost of the water distribution and sewage col- lection systems and to partially defray the cost of the hydraulic share of the systems. The payment by the Developer of such contributions to the County shall be a condition precedent to the execution of permit applications to the Department of Environmental Regulation. Section 2. ON-SITE FACILITIES. Each Developer shall be responsible for t4.e design, installation, inspection and testing of the complete water distribution and sewage collection systems located in -the street or streets adjoining or within the boundaries"of Developer's property. The term "complete water distribution and sewage collection systems" as used herein, shall include all component parts of a water distribution system, including valves, fittings, -2- MOK o 43 PACS 4631 SAY 1980 BOOK 43 PAGE 464 laterals, hydrants and all appurtenances as shown upon the approved design of such water distribution system and all the component parts of the sewage collection system including all collection lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for the installation of such sewage collection system. Section 3. OFF-SITE WATER DISTRIBUTION AND SEWAGE COLL9CTION SYSTEMS - HYDRAULIC SHARE. The location, size or proposed density of Developer's property may make service to such property dependent upon the extension of "off-site" water distribution and sewage collection facilities. For the purpose of this Ordinance, the term "off-site" shall be defined as those main water transmission lines, sewage collection lines, sewage force mains and/or pumping stations necessary to connect Developer's property with facilities of the County adequate in size'to transmit to Developer's property, an adequate quantity of water under adequate pressure and/or transmit sewage collected on Developer's property to the treatment plant or disposal site of the County. It is the County's policy to apportion the cost of main transmission and collection lines and pumping stations pro rata against the properties receiving service from such main transmission lines located "off-site" as to Developer's property. Since each Developer draws from the hydraulic capacity of such lines, the County will require that Developer pay his property's hydraulic share of the cost of the "off-site" main transmission and collection facilities through which service is rendered to Developer's property. This portion of the County's Ordinance is referred to as Developer's hydraulic share of off-site facilities. The County further declares that the charge for Developer's share of off-site facilities will be applicable to Developer's property whether or not the main transmission lines and/or pumping stations on a fair share basis, irrespective of whether such transmission lines and pumping stations have been previously constructed or are proposed to be constructed. ®3- S ® M r The County further declares that the "contributions in aid of construction" is not to be confused with the "Plant Capacity Charges", which is covered by County Ordinance No. , which Ordinance covers charges only for the hydraulic load portion of the capacity of the treatment plants. The County further declares that no development or property owner shall have a vested right to be connected by paying the formulated "contribution in aid of construction" , set forth below, when said payments are insufficient to pay the costs of utility improvements that directly benefit the subject property. All extensions or improvement of utility facilities must be economically feasible to County and subject to County's utility ability. The "contributions in aid of construction" charge shall be assessed against property benefited by improvements of water mains and/or sanitary sewers in proportion to the benefits to be derived therefrom. In no event shall this assessment exceed the amount of benefits received thereby. The equitable and just method of determining and prorating the special benefits is hereby prescribed based on consideration of both the number of units served and the number of total acres of property thereby benefited. Assessment so determined shall be figured for each benefited property as a combined total of the number of units served and the area charge in accordance with the following provisions: A. As to Single Family Residential Uses. For each acre of property devoted to use for single family residential purposes, including single family residential subdivisions, a cash contribution in aid of construction of $100.00 per single family residential dwelling shall be paid to the County. In computing such single family residential use, acreage devoted to such purpose shall be considered to contain a density of not less than four (4) single family residential units per acre, notwithstanding the actual density employed by Developer. -4- BOOK 43 PAGE 465 43 PAGE 466. EXAMPLE: A 10 -acre tract of land designed to contain 20 single family residential dwellings shall pay a contribution of 10 acres X 4 units per acre (minimum density) X $100.00 per unit = $4,000.00 for this 10 acres. EXAMPLE: A 10 -acre tract of land designed to contain 50 single family residential dwellings shall pay a contribution of 10 acres X 5 units per acre X $100.00 per unit = $5,000.00 for this 10 acres. For properties devoted to use as single family residential subdivisions, the County shall bring its water distribution and sewage collection mains to a point at the boundary of Developer's property in closest proximity to the then present terminus of the County's lines and in accordance with the County's engineering plan for extension. All internal water distribution and sewage collection lines, including any lift station required for use solely within Developer's property shall be at the cost and expense of Developer. B. As to Multi -Family Dwell More Apartments). Linked to Three or For all properties devoted to use '.-as multi -family condominium or apartment development, a contribution in aid of construction shall be paid to County in an amount equal to $70.00 per unit. EXAMPLE: A 10 -acre tract of land having a proposed density of 20 units per acre shall pay a contribution as follows: 10 acres X 20 units per acre X $70.00 = $14,000.00 for this 10 acres. The County shall provide water distribution and sewage collection mains to one side of Developer's property, which side shall be in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plans for extensions. Developer may tap the County's water and sewer mains at one or more points along the portion of the extension abutting Developer's property. Developer shall be responsible for all internal water distribution mains, sewage collection mains or any lift station to be used solely by consumers on Developer's property, at Developer's sole cost and expense. C. As to Commercial Uses. -5- All properties proposed to be used for commercial purposes, including but not limited to, office buildings, industrial plants, educational buildings, banks and shopping centers, other than residential purposes shall pay a contribution in aid of construction to the County in the amount of $1,000.00 per acre or prorated for less than one acre. The County reserves the right to impose additional contribution charges in the event that the development of such property requires unusual quantitites of water and sewer services not normally to be anticipated as common usage for developments in the categories listed in this section. The County shall extend its water distribution and sewage collection mains along one side of Developer's property in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plan for extension. Developer shall be responsible for all internal water distribution mains, sewage collection mains or any lift station to be used solely by consumers on Developer's property, at Developer's sole cost and expense. D. As to Mobile Home Parks. Properties devoted to use as mobile home or trailer parks shall be required to pay a contribution in aid of construction of $200.00 per acre, plus $70.00 per unit for each mobile home or trailer unit proposed to be located upon the property. The County shall extend its water distribution and sewage collection mains along one side of Developer's property in closest proximity to the then existing terminus of the County's lines and in accordance with the County's plan of extension. All internal water distribution mains, sewage collection mains, or any lift station to be used solely by consumers on Developer's property is at Developer's sole cost and expense. E. As to Water Service Only - Sewer Service Only. In any instance where either water or sewer service alone is furnished without the companion service, the contributions in aid of construction charges shall be computed in the same manner but shall be multiplied by half of the applicable charge for both services. -6- BOOK 43 FAGS t MAY 7 1980 MAY 7 1980 poor 43 PAGE 468 Section 4. REFUNDABLE ADVANCES. The County may require, in addition to the contribution provisions set forth herein, a refundable advance by Developer to further temporarily defray the cost of any "off-site" ex- tension of water and/or sewer mains and pumping stations necessary to connect the Developer's property with the then terminus of the County's water and sewer facilities adequate in size to provide service to the subject property. As set forth elsewhere in this Ordinance, Developer shall always be responsible for his "hydraulic share" of the cost of "off-site" facilities. However, this Ordinance recognizes instances in which a developer may be required to advance the hydraulic share applicable to other undeveloped property in order that "off-site" facilities may be constructed to serve Developer's property and at the same time be sized in accordance with the County's master plan. All amounts expended by Developer, over and above, Developer's hydraulic share for "off-site" facilities shall be refunded to Developer in accordance with the terms and conditions of a refund- ing agreement which the County will execute with Developer. The refund agreement shall provide for a plan of refund based upon the connection of other properties, to the extent of their hydraulic share, which properties will be served by the "off-site" facilities installed by Developer. Notwithstanding the provisions of this section, the County will limit the life of such refund agreement to a term of not more than five (5) years, after which time any portion of the refund not made to Developer by the terms and conditions of the refund agreement will have lapsed and thereafter, such refund agreement will be cancelled. In no event shall Developer recover an amount greater than the difference between the capitalized cost of such "off-site" im- provements and Developer's own hydraulic share of such improvements. The County shall not include any interest upon the refund of Developer's advance. Section 5. CONTRIBUTION IN AID OF CONSTRUCTION CHARGE ADJUSTMENT FORMULA - ESCALATION PROVISION. -7- The basis for the schedule set forth above has been structured by the County with regard to two major but variable factors. First, the present level of construction costs of water distribution, sewage collection, water treatment plant and waste water treatment plant facilities. Second, the theory of treatment facilities and their degree of treatment sophisti- cation as prescribed by the Department of Health, and Re- habilitative Services and the Department of Environmental Regulation. The County hereby declares that the schedule of contribution in aid of construction charges set forth herein may be automatically escalated based upon increases in utility construction index published in Engineering News Record Magazine (if not in existence then an equivalent as determined by County), entitled "20 cities construction cost index", using as a base, the published index for the quarter ending June 30, 1980. The County shall automatically adjust the contributions in aid of construction charges set forth herein semi-annually, with the first such adjustment to be not earlier than December 31, 1980. Any automatic escalation shall not exceed the percentage difference between said construction cost index for the base period as com- pared with the period of comparison. Section 6. ESCALATION BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS. Separate and apart from the automatic escalation provisions set forth above, the Utilities Department of the County may file with the Commission a higher contribution schedule, and in support of that schedule, detail the reasons requiring such increased contributions. Such reasons may include and be related to increasing standards of service; inadgquate or in- correct estimates of the total anticipated contributions versus the actual investment levels required by the County for water distribution and sewer collection facilities; actual experience with regard to matters of service area density having a direct bearing upon contributions received versus the cost of construction of the facilities; matters of net investment bearing upon rates and charges required of consumers and/or such other matters which may reasonably MAY 71980 -8- ., PnIE 469 .SAY 71980 po6 43 PACE 470 bear upon the needs, necessities or consideration requiring such change. Section 7. EXISTING AGREEMENTS, PRACTICES AND PROCEDURES. The County recognizes that certain developers have in the past and for the present are installing, at no cost and expense to the County, water distribution and sewage collection facilities as well as the on-site water distribution and sewage collection facilities. The County also recognizes that it has entered into certain agreements with other Developers, and Franchise Areas whereby those Developers funded the construction of water treatment and sewer treatment facilities, which agree- ments provide for these fundings in lieu of any contributions in aid of construction or capacity charges. The County does hereby declare that nothing in this Ordinance shal abrogate, obviate, or avoid the present policies or those agreements. Section 8. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. law. Section 9. EFFECTIVE DATE. This Ordinance shall become effective as provided by This Ordinance shall take effect May 12, 1980. ORDINANCE NO. 80-22 AN ORDINANCE OF INDIAN RIVER COUNTY PROMULGATING A UNIFORM SET OF CHARGES FOR NEW CONNECTIONS TO THE WATER AND SEWER UTILITY SYSTEMS, THEIR COLLECTION, APPLICATION, REQUIREMENTS, PROVIDING AN EFFECTIVE DATE WHEREAS, Indian River County, Florida owns, operates and maintains water treatment and distribution and sewage collection, treatment and disposal systems; and WHEREAS, new customers who are property owners, builders or developers ("Developer") within the service area should defray or partially defray the costs for that portion of the plants capacity required to service their requirements; that each new connection shall pay a proportional part of the added burden which such new expansion or addition places upon the water and sewer systems. Indian River County has as its goal, the establishment of a uniform method of determining a Plant Capacity Fee so that all such charges shall be non-discriminatory amongst consumers in the area and shall be applied as nearly as possible with uniformity to all consumers within the service area; and WHEREAS, it is the intent of Indian River County in adopting this Ordinance not to duplicate or add charges where they have been previously paid, specified or committed; however, it is the intention of the County to require the payment of the Plant Capacity Fee as formulated in this Ordinance by all new consumers, but not to be confused with any fee for Hydraulic Share of Mains, nor for water and sewer service, as covered in other Ordinances as applicable. It is further the intent of the County that all such cash payments as received for the Plant Capacity Fee are to be deposited to a fund which is reserved for plant expansion to relieve the amount to be 4 borrowed or pay its debt service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following methods -of assess- ing the cost for the Plant Capacity Fee will be used for service within any water and sewer system owned and operated by Indian River County and their usage. All connections are subject to economic feasibility pertaining to any proposed connection and the utility ability of the County to service. MAY 71980 Boas 43 PAGE 471 MAY 71900 Born-, 43 PACS 472 SECTION 1. PLANT CAPACITY FEE For each new water connection and each new sewer connection, a charge shall be assessed at the time of completion of the permit to Department of Environmental Regulation, (DER). The applicable fee is the one prevailing by Ordinance at the time of applying to DER. The developer or builder must have paid to the County, a Plant Capacity Fee for service through a standard 5/8 x 3/4 inch meter as follows: WA'ER OR SEWER: (IF APPLICATION IS FOR BOTH, FORMULA IS DOUBLE) (1) The fee for a single-family residential lot shall be $250.00 (2) The fee for a multiple -dwelling residential lot shall be an amount determined as follows: (a) The number of efficiencies and one bedroom units times $200.00 plus (b) The number of two bedroom units times $225.00 plus (c) The number of three bedroom or more units times $250.00 The total of the above shall be the amount of the fee for that multiple -dwelling lot. (3) The fee for a business lot, or commercial service shall be an amount in direct ratio to Paragraph (4) below based upon use. The ratio for use shall be determined by comparing the projected use of water and sewer that said business lot will use in relation to the amount of water and sewer use of a single-family residence. The Utilities Director shall determine said connection fee. (4) For any service (residential or commercial) requiring larger than a 5/8 x 3/4 inch meter or for any charge increasing the flow requirements, the fee will be a multiple of the ERC (Equivalent Residential Connection which term shall be abbreviated throughout this Ordinance) shown in the following table for Q times $250.00. Meter Flow Q Meter Size Gallons/Minute (ERC) 5/8 x 3/4" 20 1 1" 60 3 1 1/2" 100 5 2" 200 10 3" Turbine 450 23 Larger Meters Per Flow Requirements Established by Developers Engineer The Utility Director shall use this criteria in calculating a commercial or industrial connection charge: (5) Water Meter size for the proposed use should be determined by the Design Engineer with approval by the Utilities Director. Notwithstanding the foregoing meter size/ERC table, where State or County health Department attributes a higher volume water use on certain commercial accounts 1 7 - II (as set forth in their regulations, then such higher use will be charged to such non-residential users (as example for coin laundries, restaurants, beauty salons, dental offices and laboratories, etc.) (6) The ratio of water which can pass the selected meter at a head loss of 8 psi to that water which will pass a 5/8 x 3/4" meter at the same head loss shall be multiplied by the factor of $250.00 per residential equivalent. (7) The resultant charge from (4) or (5) above should, in addition, be multiplied by a factor accounting for the relative composition of that waste proposed to be discharged to the composition of the waste discharged from an average single family residential connection. For this purpose a single family residential connection can be assumed to have a composition of 200 parts per million BOD. Specifically, the connection fee for a business lot shall be: $250.00 X Q X R where Q is function of the meter size in the previous table and R is ratio of sewage BOD load to residential. (8) The fee assessed for engineering plan review and utility inspections will be payable at the time the Plant Capacity Fees are paid. (9) The plant capacity fee is comprised of two separate .services; water and sewer, each fee based on ERC. In areas where only one of these services is available, the fee for the other service may being deferred until that DER application is submitted.- If paid in advance, the only right is the reservation of the plants capacity for the time when the service is scheduled with the utility. The total for both services shall be determined by computation as set forth above. The equivalent unit figure (ERC) is for the capacity equivalence and does not establish the number of units being served by a particular meter size; nor does it include charges for tapping, meter installation, deposits, or hydraulic share of mains, or service charges which may be assessed or required by other Ordinances or Contracts of the County. (10) Industrial Sewage must not contain any matter in violation of Federal, State or County regulations. Prior to connec- tions, suitable pre-treatment and proof of satisfactory content of all objectionable matter such as heavy metals or excessive BOD load will be required. SECTION 2. PLANT CAPACITY CHARGE ADJUSTMENT FORNNLA - ESCALATION PROVISION. The basis for the schedule set forth above has been structured w by the County with regard to two major but variable factors. First; the present level of construction costs of water distribution, sewage collection, water treatment plant and waste water treatment plant facilities. Second, the theory of treatment facilities and their degree of treatment sophistication as prescribed by the Department of Health, and Rehabilitative Services and the Department of Environ- mental Regulation. The County hereby declares that the schedule of -3- MAY 71980 ;43 : PA4 473 Boot'. 43 PACE 474 Plant Capacity Charges set forth herein may be automatically escalated based upon increases in utility construction index published in Engineering News Record Magazine (ENR), If ENR goes out of business an equivalent index will be determined and used by the County, entitled "20 cities construction cost index", using as a base, the published index for the quarter ending June 30, 1980. The County shall auto- matcially adjust the plant capacity construction charges set forth herein semi-annually, with the first such adjustment to be not earlier than December 31, 1980. Any automatic escalation shall not exceed the percentage difference between said construction cost index for the base period as compared with the period of comparison. SECTION 3. ESCALATION BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS. Separate and apart from the automatic escalation provisions set forth above, the Utilities Department of the County may file with the Commission a higher or lower assessment schedule, and in support of that schedule, detail the reasons requiring such increased assessments. Such reasons may include and be related in increasing standards of service; inadequate or incorrect estimates of the total anticipated assessments versus the actual investment levels required by the County for water or sewer plant treatment facilities; actual experience with regard to matters of service area density having a direct bearing upon assessments received versus the cost of construction of the facilities; matters of net investment bearing upon rates and charges required of consumers and/or such other matters which may reasonably bear upon the needs, necessities or consideration requiring such change. SECTION 4. USE OF PLANT CAPACITY FUNDS All Plant Capacity Fees paid to the County shall be deposited in the appropriate fund to be held and used only for the purposes of expansion of Idian River County's water supply system and waste water treatment system or for the payment of the debt service on loans issued for the acquisition or expansion of such systems (either as the original bond issue or any refunding thereof). Any funds or deposit in said funds which are not immediately necessary for expendi- ture may be invested as permitted by Florida Statutes and all income -4- - ® M derived therefrom shall be deposited to the applicable Funds as herein established. Funds may be disbursed from these accounts in the customary manner in accordance with appropriate law. SECTION 5. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independant provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 6. EFFECTIVE DATE This Ordinance shall be in full force and become effective upon adopting. This ORdinance shall take effect May 12, 1980. M 4 -5- 'BOOK ' 43 PAGE 475 SHAY 7 1980 } sooK 43 476 UTILITY DIRECTOR GEORGE LINER DISCUSSED THE PEBBLE RAY SEWER SYSTEM AND REPORTED THAT THE WORK TO BE DONE WAS BROKEN INTO TWO GROUPS - THE LIFT STATION WORK, WHICH WAS ADVERTISED FOR BIDS, AND THE REPAIRS TO THE PEBBLE BAY PLANT. HE INFORMED.THE BOARD THAT THE BIDS WERE ADVERTISED IN THE VERO BEACH PRESS JOURNAL: PLANS AND SPECIFICATIONS WERE SENT TO THE DODGE REPORT IN SEVERAL CITIES: AND BID INVITATIONS WERE SENT TO 26 CONTRACTORS. MR. LINER CONTINUED THAT THEX HAD ONLY ONE RESPONSE, AND IT WAS THREE TIMES WHAT WAS ANTICIPATED. ITEMS I - 6, WHICH COMPRISE EVERYTHING BUT THE VERA CRUZ LIFT STATION, WERE BID AT $236,$00, AND THE LIFT STATION WAS BID AT $96,000, OR A TOTAL OF $332,500. HE REPORTED THAT THE ENGINEERS RECOMMEND WE REJECT THE BID. MR. LINER QUESTIONED WHETHER WE NOW CAN GO TO NEGOTIATIONS WITH A CONTRACTOR SINCE THE BID RE- QUIREMENTS HAVE BEEN FULFILLED. ATTORNEY COLLINS STATED THAT CANNOT BE DONE, AND IT WILL BE NECESSARY TO REPROCESS AND READVERTISE. MR. LINER NOTED THAT THEY PLAN TO DISCUSS WITH THE CON- TRACTORS WHO HAVE NOT BID, THE REASON THEY DID NOT. ADMINISTRATOR JENNINGS EXPRESSED CONCERN THAT SO MANY INVITATIONS WENT OUT AND THE CONTRACTORS DID NOT BID, WHICH LED HIM TO BELIEVE THAT SOMETHING IN THE SPECIFICATIONS MAY REQUIRE SOME SLIGHT REVISION. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY REJECTED THE BID RECEIVED ON THE PEBBLE BAY SEWER SYSTEM, AS RECOMMENDED BY THE CONSULTING ENGINEERS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE -BOARD UNANIMOUSLY AUTHORIZED UTILITY DIRECTOR LINER TO REVISE SPECIFICATIONS AND READVERTISE FOR BIDS ON THE PEBBLE RAY SEWER SYSTEM MR. LINER INFORMED THE BOARD THAT THE SECOND PART CONCERNS THE WORK TO BE DONE ON THE PLANT ITSELF. THE ENGINEERS HAVE ESTI- MATED $15,000 TOTAL FOR THAT WORK, AND THERE IS NO MONEY IN THE BUDGET. s _ � FINANCE OFFICER BARTON COMMENTED THAT THIS SYSTEM IS SET UP IN THE MUNICIPAL SERVICE FUND. ATTORNEY COLLINS EXPLAINED THAT THIS SYSTEM IS NOT IN A MUNICIPAL SERVICE TAXING DISTRICT: THE FINANCE OFFICER IS TALKING ABOUT THE MUNICIPAL SERVICE FUND WHICH IS COMPRISED OF MONIES THAT ARISE FROM SOURCES OTHER THAN AD VALOREM TAXES. COMMISSIONER LOY BELIEVED THAT THIS WORK MUST BE DONE TO BE IN COMPLIANCE WITH THE DER, AND MR. LINER CONFIRMED THAT IT MUST.- PARTICULARLY UST. PARTICULARLY THE MONITORING WELLS AND WHATEVER IS NECESSARY TO PREVENT POLLUTION. ATTORNEY COLLINS INQUIRED ABOUT TIMING BECAUSE HE FELT IT WOULD BE A SHAME TO SPEND A LOT OF MONEY ON THAT PLANT IF WE ARE CLOSE TO A SOLUTION OF OUR PROBLEMS IN THAT AREA. COMMISSIONER LYONS PROCEEDED TO DISCUSS THE STATUS OF HIS NEGOTIATIONS WITH THE TOWN OF INDIAN RIVER SHORES, NOTING THAT MAYOR NOLAN HAD APPOINTED A WATER AND SEWER COMMITTEE. HE STATED THAT THEY WANT TO BREAK.THE WATER AND SEWER AGREEMENT INTO TWO PIECES, AND HE WAS LED TO BELIEVE THAT THEY WERE PRACTICALLY IN AGREEMENT WITH THE CITY ON THE WATER CONTRACT AND ONLY WANTED ONE CHANGE IN THE SEWER CONTRACT TO LEAVE OUT THE TERRITORY. COMMISSIONER LYONS FELT IF THE TERRITORY WAS COVERED IN THE WATER CONTRACT, THIS SHOULD NOT MATTER TOO MUCH. HE CONTINUED THAT MAYOR NOLAN ALSO WANTED SOME KIND OF A COMMITMENT FROM VERO BEACH THAT IF THEY SHOULD INCREASE THEIR CAPACITY.- THE APACITY, THE REST OF THE TERRITORY WOULD BE SERVED, WHICH HE DID NOT FEEL WAS TOO FAR OUT OF LINE. COMMISSIONER LYONS NOTED THAT HE THEN WENT ON TO MEET WITH MAYOR SCURLOCK OF VERO BEACH, CITY ATTORNEY TOM PALMER, AND VERO BEACH UTILITY DIRECTOR GROSH AND LEARNED THERE APPARENTLY WAS A MISUNDERSTANDING AS THEY WERE IN NO HURRY TO SIGN THE WATER AGREEMENT WITH THE TOWN OF INDIAN RIVER SHORES, AND THEY DEFINITELY WERE NOT INTERESTED IN ANY AGREEMENT WITH THE TOWN THAT WOULD NOT DEFINE THE TERRITORY. COMMISSIONER LYONS REPORTED THAT EFFORTS TO REACH CHESTER CLEM, ATTORNEY FOR THE TOWN OF INDIAN RIVER SHORES, TO DETERMINE WHAT INSTRUCTIONS HE HAD ABOUT THE AGREEMENT, WERE NOT SUCCESSFUL, AND HE THEN CALLED MAYOR NOLAN AND INFORMED HIM THAT THE CITY WAS ADAMANT ON THE MATTER OF THE TERRITORY BEING DEFINED. 61 BOOK :: 43, PAcc477 8009 43 PACE 478 COMMISSIONER LYONS NEXT DISCUSSED THE POSSIBILITY OF HAVING AN AGREEMENT BETWEEN JUST THE COUNTY AND THE CITY OF HERO BEACH, AND TREATING THE QUESTION OF AN AGREEMENT WITH INDIAN RIVER SHORES AS A SEPARATE ITEM, I.E., WE WOULD RESERVE X AMOUNT OF SEWAGE SUBJECT TO IT BEING CHOPPED AWAY AS THE NEEDS AROSE. COMMISSIONER LYONS STATED THAT IF, AFTER ATTORNEY COLLINS HAS ONE MORE MEETING WITH THE TOWN OF INDIAN RIVER SHORES, THEY DO NOT SHOW ANY FURTHER MOVE- MENT TOWARD AGREEMENT, HE WOULD RECOMMEND THAT WE PROCEED TO REACH AN AGREEMENT WITH THE CITY OF VERO BEACH WITH THE POSSIBILITY OF INDIAN RIVER SHORES ENTERING IN AT SOME LATER DATE. HE POINTED OUT THAT IF INDIAN RIVER SHORES DOES NOT BECOME A PART OF THE AGREEMENT WITH THE CITY, THE 12" LINE,WHICH WAS GOING TO BE THE SEWER LINE, IS IN LIMBO, AND THE CONNECTION BETWEEN THE PEBBLE BAY PLANT AND THE CITY WILL HAVE TO BE DONE ON A DIFFERENT BASIS. SECONDLY, HE DID NOT FEEL THAT THE CITY OF VERO BEACH WILL AGREE TO PICKING UP WHAT REALLY AMOUNTS TO REPAIR AND REPLACEMENT EXPENSES FOR UPGRADING THE LIFT STATION AT PEBBLE BAY SINCE THEY FEEL THAT THE LIFT STATION SHOULD BE AT SOME ACCEPTABLE STANDARD BEFORE THEY ACCEPT IT: THERE- FORE, IT WAS HIS FEELING THAT THE MONEY FOR THE REFURBISHING OF THE PEBBLE BAY LIFT -.STATION IS GOING TO HAVE TO BE SPENT BY THE COUNTY IN ANY EVENT. COMMISSIONER LYONS CONTINUED THAT HE WAS VERY DISCOURAGED AND IRRITATED, BUT FELT THAT WE HAVE REACHED THE POINT WHERE THERE IS A DISTINCT POSSIBILITY THAT WE CAN END UP WITH A WORKABLE AGREE- MENT WITH THE CITY OF VERO BEACH TO TAKE CARE OF THE SOUTH REACH PROBLEMS AND STILL HANG ON TO THE 6TH AVENUE AREA. HE NOTED THAT THE 201 REQUIREMENT STILL HAS TO BE SATISFIED, BUT FELT WHAT WE ARE SAYING IS, THOUGH WE STILL ARE IN NEGOTIATION WITH INDIAN PIVER SHORES, WE CAN'T AFFORD TO KEEP EVERYTHING ELSE OPEN WHILE WE DICKER WITH THEM. IN ADDITION, IT APPEARS THAT THE HOSPITAL IS PRESENTING A PROBLEM IN THAT IT CANNOT BECOME A COUNTY CUSTOMER UNLESS THE HOSPITAL AGREES, AND THE PROBLEM IS THAT COUNTY RATES ARE HIGHER THAN CITY RATES. AS LONG AS THE HOSPITAL SITS THERE AS A POSSIBLE j � r � PERMANENT CUSTOMER, THE CITY IS NOW SAYING WE HAVE GOT TO TAKE THAT INTO CONSIDERATION IN THE TOTAL ALLOCATION. ATTORNEY COLLINS COMMENTED THAT THE HOSPITAL QUESTION WILL REQUIRE AN APPEARANCE BEFORE THE HOSPITAL BOARD TO SEE IF THEY WILL ENTER INTO AN AGREEMENT TO BE SERVED -BY THE NEW COUNTY PLANT WHEN IT IS BUILT, AND HE STATED THAT HE WAS PREPARED TO MOVE AHEAD IN THAT AREA. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROCEED TO CONTACT THE HOSPITAL BOARD AS DISCUSSED ABOVE. ATTORNEY COLLINS NOTED THAT THEY ARE GOING TO TAKE ONE LAST CRACK AT THIS WHOLE PROBLEM, BUT HIS FEELING IS THAT THE CITY IS OF A MIND TO ENTER INTO A RELATIONSHIP WITH THE COUNTY IRREGARDLESS OF THE TOWN OF INDIAN RIVER SHORES. CHAIRMAN SIEBERT POINTED OUT THAT THE QUESTION STILL IS WHETHER WE SHOULD PROCEED ON THE IMPROVEMENTS TO THE PEBBLE RAY PLANT OR WAIT AND SEE THE OUTCOME OF THE MEETING. COMMISSIONER LYONS DID NOT FEEL THERE IS GOING TO BE ANY BIG RUSH TO CONNECT THE.PEBBLE BAY PLANT TO THE CITY OF \tRO BEACH. HE FELT WE WILL FIND ANOTHER BATTLE ON OUR HANDS WITH THE CUSTOMERS IN INDIAN RIVER SHORES AND THAT A LOT OF QUESTIONS WILL BE RAISED ABOUT THE RAMIFICATIONS OF THE CITY DEALING IN ANOTHER MUNICIPALITY WHERE THEY HAVE NO FRANCHISE, ETC. HE WAS OF THE OPINION THAT THE TOWN IS STILL EXPLORING EVERY CORNER OF THE 201 SITUATION: THAT MORE LEGAL FLAGS WILL BE RAISED: AND ALL HE COULD SEE IS DELAY. COMMISSIONER Loy INQUIRED ABOUT THE STATUS OF THE COURT SUIT FILED BY INDIAN RIVER SHORES. ATTORNEY COLLINS EXPLAINED THAT IT HAS BEEN IN A DORMANT STATE FOR SIX MONTHS, AND THEY HAVE CALLED UP THE MOTION FOR THIS COMING MONDAY. WE.HAVE FILED MOTIONS TO DISMISS. UTILITY DIRECTOR LINER NOTED THAT THE ESTIMATED COST OF THE PLANT REPAIR IS $18,000, AND WE DO HAVE THE IMPACT FEES FOR CAPITALIZATION. HE FELT PART OF THIS WORK FITS IN THAT CATEGORY, BUT DID NOT KNOW HOW THE FUNDS ARE SET UP FROM THE CONNECTION FEES. N BOAKI=.. PA E 4:79 c MAY 71900 BOOK 43 page 480 CHAIRMAN SIEBERT FELT THAT IS STRETCHING IT A BIT AND ASKED WHAT WE WOULD HAVE TO DO IF THEY DID NOT HOOK UP. MR. LINER STATED THAT WE STILL WOULD HAVE TO PUT IN THE LINES, THE ADDITIONAL BLOWER, AND THE MEASURING INSTRUMENTATION. COMMISSIONER LOY DID NOT SEE ANY POSSIBILITY OF HOOKING UP ANYBODY EXCEPT THE EMPTY LOTS IN PEBBLE BAY. DISCUSSION AROSE ABOUT THE HARBOR ISLAND CLUB, AND ATTORNEY COLLINS STATED THAT IF THEY PAID FOR THE INCREASED COST OF THE LIFT STATION, HE WOULD ASSUME THEY WOULD GO IN, CHAIRMAN SIEBERT DID NOT FEEL THE $18,000 IS RELATED TO THAT IN ANY WAY AND DID NOT FEEL WE COULD LEVY AN IMPACT FEE FOR THE IMPROVEMENTS WE HAVE TO MAKE IN THE PLANT, ATTORNEY COLLINS COMMENTED THAT THERE ARE FEES FOR A PLANT CAPACITY CHARGE, BUT HE FELT IT WOULD BE A MINIMAL AMOUNT IN ANY EVENT AND WOULD NOT SOLVE THE PROBLEM. DISCUSSION ENSUED ON WHERE TO GET THE NECESSARY FUNDS FOR THE PLANT IMPROVEMENTS, AND CHAIRMAN SIEBERT DISCUSSED BORROWING THE FUNDS FROM REVENUE SHARING. COORDINATOR THOMAS NOTED THAT WHEN YOU BORROW REVENUE SHARING FUNDS, THERE HAS TO BE A PROVISION FOR PAYBACK, AND COMMIS- SIONER'-LYONS OMMIS- SIONER LYONS FELT THE MONIES WOULD HAVE TO BE PAID BACK OUT OF RATES. FINANCE OFFICER BARTON REVIEWED FIGURES FOR THE PEBBLE BAY PLANT, NOTING THAT WE ARE SPENDING MORE THAN THE PRO RATA PER MONTH ON THE EXPENSES AND THE SYSTEM IS IN THE RED: THE NEW RATES WILL BE EFFECTIVE IN JUNE, HOWEVER. COMMISSIONER LYONS COMMENTED THAT THE COUNTY FELL HEIR TO A LEMON, BUT HE WOULD ASSUME WHEN IT IS OPERATING CORRECTLY, THAT INCOME WILL EXCEED EXPENSES. FINANCE OFFICER BARTON REITERATED THAT THIS SYSTEM IS SET UP UNDER THE MUNICIPAL SERVICE FUND, WHICH HAS A RESERVE FOR CONTIN- GENCY. CHAIRMAN SIEBERT DID NOT FEEL WE HAVE ANY CHOICE BUT TO TAKE IT OUT OF THAT RESERVE FOR CONTINGENCY AND NOTED WHEN THE SYSTEM E4 i s _ � MAKES MONEY, THERE IS AN AUTOMATIC PAYBACK. IT WAS .GENERALLY AGREED THIS MUST BE DONE. COMMISSIONER Loy INQUIRED WHERE THE BIDS ARE FOR THE PLANT REPAIRS, AND MR. LINER EXPLAINED THAT IT WAS AGREED THAT THE COUNTY FORCES WOULD DO THE MAJOR PART OF THE WORK: THE $18,000 IS NOT A BID: IT IS THE ENGINEERS ESTIMATE. FINANCE OFFICER BARTON ASKED IF THAT FIGURE INCLUDES WAGES.- AND AGES, AND MR. LINER STATED THAT IT DID NOT, BUT THE WORK WILL BE DONE BY THE PEOPLE WITHIN THOSE DEPARTMENTS WHO ALREADY ARE ON SALARY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED AN EXPENDITURE UP TO $19,000 FOR REPAIRS TO THE PEBBLE BAY SEWER TREATMENT PLANT, WHICH SUMS ARE TO BE TAKEN OUT OF THE MUNICIPAL SERVICE FUND RESERVE FOR CONTINGENCY, AND APPROVED BUDGET AMENDMENT FOR SAME, AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE EQUIPMENT 004-215-536-66.49 $ 19,000 RESERVE FOR CONTINGENCIES 004-199-513-99.91 $ 19,000 THE BOARD NEXT DISCUSSED A REQUEST MADE BY COMMUNITY DEVELOP- MENT DIRECTOR REGAN FOR A CETA CLERK/TYPIST, AS FOLLOWS: T0: Board of C ty Commissioners FROM: EdwardRega DATE: April 30, 1980 RE: Section 8 Existing Housing Rental Assistance Program The Housing Assistance workload has increased substantially during the month of April. There were 15 additional leases finalized. Our ACC contract authorizes 120 units. We have 71 Certificates of Eligibility outstanding and have entered into 34 leases with Certificate holders. Of the leases entered into, 16 are with elderly, disabled and handicapped tenants (confirmation HUD Forsq 52683 attached). The increased activity requires that the Program Manager devote more of his time to working with property owners to bring their rental units up to the minimum standard of decent, safe and sanitary _ housing. We are also expanding our Outreach activities to reach more low income families. It would be helpful to reassign some of the paperwork. Towards this end it is possible to secure the services of a CETA Clerk/Typist which would be provided by the Indian River Community College. The individual employed would be paid directly by Indian River Community College but subject to County work supervision. I respectfully request the concurrence of the Board of County Commissioners to accept a.CETA Clerk/Typist from Indian River Community College to work on our Housing Assistance Program subject" .:43 ,:to supervision by the Director of the Department of Housing and Community Development. 65 MAY 71980 _ p ACE 1 L!iA MAS 71990 HUD -52683 June 1976 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING SECTION 8 -HOUSING ASSISTANCE PAYMENTS PROGRAM REPORT ON PROGRAM UTILIZATION EXISTING HOUSING BOOK--. � 41 PACE -482 Form Approved OMB No. 6341544 ----------------------------------------------------------------------------------- A. and Address o .Pub is Housing Agency Indian River County B. Reporting Period (1)(cc 1) Initial Report /] 800, 20th Place, Suite 3 Vero Beach, Fla. 32960 - (2)(cc 2-7) Initial Lease o. Da Yr. Date (3)(cc 8-11) Report Date Mo. /4 Yr. 180, C. Project I entTf>cat on cc - State Code Pro ect Number 1 2 2 1 9 1 E 1 3 2 0 0 1 D. Number of Units Authorized by ACC cc 23-26 120 E. Number of Certificates of Family ParticiDation Outstanding cc 27-30 71 F. Number of Units Under Lease to Certificate Holders cc 31-34 34 G. Number of Assisted Units Under Lease to Elderly. Disabled or Handicapped Tenants cc 35-38 16 Prepared By: Edward J. Regan Title: Ho~� I using and C pity Development Direc or Date Submitted: May 1, 1980 MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COM- MISSIONER Loy, TO APPROVE THE REQUEST MADE BY MR. REGAN IN HIS MEMO DATED APRIL 30, 1980, FOR THE SERVICES OF A CETA CLERK/TYPIST. COORDINATOR THOMAS REPORTED THAT THIS YEAR THE INDIAN RIVER COMMUNITY COLLEGE WAS APPOINTED THE COMPREHENSIVE OPERATOR FOR ALL LOCAL CETA PROGRAMS. HE EXPLAINED THAT THE PAYMENT COMES FROM CETA, AND THE WORKER WILL BE PAID DIRECTLY BY THE COMMUNITY COLLEGE. YOU CAN HAVEA PART TIME PERSON 20 HOURS A WEEK. COMMISSIONER LYONS STATED THAT THE MOTION WAS MADE ON THE BASIS THAT THE SALARY WOULD BE PAID DIRECTLY BY THE COMMUNITY COLLEGE. CHAIRMAN SIEBERT ASKED IF THERE IS A NEED FOR ANOTHER EMPLOYEE NOW. _I ASSISTANT ADMINISTRATOR NELSON NOTED THAT MR. REGAN HAS BEEN TRYING TO INCREASE THEIR STAFF, AND HE CAME IN SOME TIME AGO WITH A REQUISITION FOR A DESK, TYPEWRITER, ETC., WHICH WILL BE NECESSARY FOR THE CLERK/TYPIST. MR. NELSON INFORMED THE BOARD THAT HE HAD TOLD MR. REGAN HE WOULD NOT ORDER ANY MORE OFFICE EQUIPMENT OR FURNITURE UNTIL APPROVAL WAS OBTAINED FROM THE BOARD. FINANCE OFFICER BARTON NOTED THAT THERE IS SOME MONEY IN THE SECTION S PROGRAM FOR START-UP, WHICH HAS NOT BEEN USED UP, CHAIRMAN SIEBERT POINTED OUT THAT MR. REGAN IS ASKING FOR AN EXTENSION OF THE START-UP MONEY, HE CONTINUED THAT THERE ARE FOUR PEOPLE IN THAT OFFICE NOW, AND ALTHOUGH HE REALIZED THEY DO OTHER WORK ALSO, THEY HAVE SIGNED ONLY 34 LEASES OUT OF A POSSIBLE 120 AND QUALIFIED 71. HE EXPRESSED GREAT CONCERN ABOUT WHAT WILL HAPPEN IF THE 120 ARE NOT SATISFIED BY SEPTEMBER 30TH. COMMISSIONER Loy COMMENTED THAT UNITS AND PEOPLE ARE DIFFER- ENT, AND THE 71 REPRESENTS FAMILIES, EACH OF WHICH WILL LIVE IN ONE UNIT. CHAIRMAN SIEBERT EMPHASIZED THAT THEY WILL NOT HAVE 120 UNITS AVAILABLE BY SEPTEMBER 30TH, AND HE BELIEVED THERE IS A RECALL ON THE START-UP MONEY. FINANCE OFFICER BARTON AGREED THAT START-UP MONIES THAT ARE NOT USED MUST BE RETURNED, BUT HE WAS NOT SURE ON WHAT FORMULA THIS IS BASED. HE DID FEEL WE WILL HAVE TO PAY SOME BACK. COORDINATOR THOMAS BELIEVED WE SHOULD DETERMINE THIS FORMULA BECAUSE WE DON T WANT TO BE IN THE POSITION OF PAYING BACK MONEY WE DON T HAVE. COMMISSIONER Loy COMMENTED THAT SHE HAD NOT REALIZED THAT ADDING ONE PERSON MEANT ADDING A DESK, TYPEWRITER, ETC., AND SHE FELT THE REQUEST SHOULD COVER ALL THAT IS INVOLVED. IN ADDITION, SHE POINTED OUT THAT THE PURPOSE OF THE CETA PROGRAM IS TO TRAIN PEOPLE IN ORDER TO PUT THEM ON REGULAR WORK, BUT IT IS POSSIBLE THERE COULD BE A CURTAILMENT OF THESE ACTIVITIES, AND SHE DID NOT WANT ANYONE ADDED TO THE STAFF UNLESS THEY CLEARLY UNDERSTOOD THAT IT IS STRICTLY PART TIME. MAY 7 1980 COMMISSIONER LYONS AGREED. 67 . Bou , , 431t -PAGE 483. coax 43 ,.p4cE 484 CHAIRMAN SIEBERT BELIEVED THAT WE HAVE A MORAL RESPONSI- BILITY TO ADMINISTER THE HUD MONEY, AND IF WE SPEND THAT MONEY JUST FOR THE PURPOSE OF SPENDING IT, WE HAVE NOT SPENT WISELY HE DI- RECTED THE ASSISTANT ADMINISTRATOR TO DETERMINE WHETHER OR NOT THE REQUESTED CLERKITYPIST IS NEEDED AND WHAT ADDITIONAL FUNCTIONS ARE NECESSARY WHICH CAN T BE HANDLED BY THE EXISTING STAFF. COMMISSIONER LYONS WITHDREW HIS MOTION, AND COMMISSIONER Loy WITHDREW HER SECOND, PENDING THE RECEIPT OF ADDITIONAL INFORMA- TION FROM THE ASSISTANT ADMINISTRATOR AS DISCUSSED. CHAIRMAN SIEBERT THEN REFERRED TO THE ADDITIONAL COMPEN- SATION FOR THE CHAIRMAN OF THE BOARD WHICH WAS DISCUSSED IN THE MORNING SESSION AND NOTED THAT THE MINUTES INDICATE THAT THE $50.00 ADDITIONAL ALLOWED TO THE CHAIRMAN IS TO BE USED FOR TRAVEL AND OTHER EXPENSES RELATED TO THE CHAIRMAN'S DUTIES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SPEND UP TO $50.00 PER MONTH FOR TRAVEL AND OTHER EXPENSES RELATED TO HIS DUTIES, PURSUANT TO STATE STATUTES. COMMISSIONER LOY REPORTED THAT THE BOARD NEEDS TO GIVE SOME CONSIDERATION TO SUGGESTED SALARY GUIDELINES FOR THE COMING YEAR SINCE BUDGET SESSIONS SOON WILL BEGIN AND WE ALREADY HAVE HAD A REQUEST FROM ONE CONSTITUTIONAL OFFICER FOR DIRECTION. COMMISSIONER Loy CONTINUED THAT COUNTY EMPLOYEES WERE GIVEN A 6% INCREASE IN OCTOBER OF 1978 AND A 5.5% INCREASE OCTOBER 1, 1979, AND EVERYONE IS AWARE OF THE INCREASE IN THE COST OF LIVING DURING THOSE TWO YEARS. SHE INFORMED THE BOARD THAT LAST YEAR THE CITY OF VERO REACH GAVE THEIR EMPLOYEES 7% AND THE SCHOOL BOARD GAVE THEIRS 8.4%; THE COUNCIL ON WAGE AND PRICE STATISTICS HAS VOTED TO ACCEPT THE PRESIDENTS GUIDELINES TO HOLD TO AN INCREASE OF BETWEEN 7.5% TO 9.5%. COMMISSIONER Loy POINTED OUT THAT WE HAVE ADOPTED THE CODY REPORT ON PERSONNEL GUIDELINES AND EVALUATIONS, AND ONE OF THEIR RECOMMENDATIONS WAS THAT WE SET UP SOMETHING FOR MERIT INCREASES ONCE WE HAD GOTTEN PERSONNEL INTO THEIR CORRECT SALARY RANGES. NO MERIT INCREASES WERE GIVEN LAST YEAR, AND SHE FELT IF WE ARE GOING TO PURSUE THE RECOMMENDATIONS OF THE CODY PLAN, THIS SHOULD BE DONE: THEREFORE, AFTER DISCUSSING THIS WITH STAFF, SHE RECOMMENDED THE BOARD CONSIDER GIVING AN 8.5%:COST OF LIVING INCREASE, PLUS A 57 MERIT INCREASE. IN ORDER TO BUDGET AS PROPERLY AS POSSIBLE THE AMOUNT OF MONEY WE WOULD HAVE TO SET ASIDE FOR MERIT INCREASES, SHE RECOMMENDED THAT APPROXIMATELY 2.5% OF THE SALARY BUDGET BE RE- SERVED FOR THIS PURPOSE. SHE EMPHASIZED THAT THE MERIT INCREASES ARE INTENDED TO BE A REWARD FOR THE EMPLOYEE WHO REALLY PRODUCES: EVALUATIONS MUST BE DONE: AND NO MERIT INCREASE WOULD BE OVER 57. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT CODY HAS GIVEN PERSONNEL DIRECTOR DONLON A ROUGH COPY OF THE EVALUA- TION PROCEDURE: ITIS BEING STAFFED RIGHT NOW: AND THEY SHOULD HAVE SOMETHING TO RECOMMEND SHORTLY. HE FELT THE EVALUATIONS, WHICH ARE NEEDED TO JUSTIFY MERIT INCREASES, ACTUALLY WOULD GO ON INTO JUNE AND JULY. FINANCE OFFICER BARTON COMMENTED THAT BUDGETS ARE TO BE SUBMITTED TO HIM BY THE 15TH OF JUNE, INTERGOVERNMENTAL COORDINATOR THOMAS.BELIEVED THAT IF YOU DO NOT HAVE SOME KIND OF MERIT INCREASES, YOU HAVE KILLED THE INCEN- TIVE FOR THOSE WHO WANT TO DO THE WORK. COMMISSIONER LYONS STATED THAT ONE WAY TO WORK OUT MERIT INCREASES IS TO QUARTILE ALL EMPLOYEES - SEPARATE THEM INTO QUARTERS AND RANK THEM AGAINST EACH OTHER. HE FURTHER NOTED THAT UNDER THE QUARTILE SYSTEM, AS HE HAD WORKED WITH IT PREVIOUSLY, YOU COULD NOT CHANGE MORE THAN ONE QUARTILE FROM YEAR TO YEAR. IN OTHER WORDS, THIS WOULD PREVENT YOU FROM TAKING THOSE AT THE TOP QUARTILE AND DROPPING THEM TO THE BOTTOM AND CONTINUALLY MOVING'ALL PERSONNEL IN THAT FASHION. CHAIRMAN SIEBERT FELT THAT WAS A VERY GOOD SUGGESTION, AND IT WAS AGREED THAT SUCH A SYSTEM WOULD MAKE THE DEPARTMENT HEADS SCRUTINIZE THEIR PERSONNEL. ASSISTANT ADMINISTRATOR NELSON COMMENTED THAT ALTHOUGH THE EVALUATIONS CANNOT BE CARRIED OUT AND COMPLETED IMMEDIATELY, THEY WOULD HAVE TO MOLD THEIR SYSTEM TO COMPLY WITH THE BUDGET, AND 000RDI- NATOR THOMAS AGREED THAT IF YOU USE THE QUARTILE SYSTEM, YOU CAN FIGURE OUT THE PERCENTAGES. 69 MAY 7 1980 aoK -1,=3. PAGE 485'. :.\eoo rt 43 PAC COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO MAKE THE MAXIMUM MERIT INCREASE MORE THAN 5% AND HAVE SOME FLEXIBILITY BETWEEN THE QUARTILES. CHAIRMAN SIEBERT FELT THAT THE EXCELLENT EMPLOYEE WHO ONLY GETS 8.5% WILL BE HURT AT TODAY'S INFLATION RATE. COMMISSIONER LYONS NOTED THAT HE HAD NOT REALIZED THAT AN 8.5% COST OF LIVING INCREASE WAS BEING SUGGESTED IN ADDITION TO THE MERIT INCREASE. THE BOARD CONFIRMED THAT BOTH A COST OF LIVING AND A MERIT INCREASE WERE BEING CONSIDERED. COORDINATOR THOMAS POINTED OUT THAT THE COST OF LIVING RATE WAS 14.7% LAST YEAR, AND NO ONE WILL CATCH UP WITH IT REGARDLESS OF THE MERIT INCREASES. COMMISSIONER LYONS STATED THAT HE STILL FELT THAT IF WE ARE GOING TO STRAIGHTEN OUT THE SALARY PLAN, YOU CANNOT GIVE THE MAXIMUM ACROSS-THE-BOARD BECAUSE ALL YOU DO IS CONTINUE TO BUILD UP THE ONES WHO WERE OVERPAID TO BEGIN WITH, AND HE SUGGESTED THAT POSSIBLY THE ACROSS-THE-BOARD INCREASE SHOULD BE LESS AND THEN MAKE IT UP WITH THE MERIT INCREASE. CHAIRMAN SIEBERT FELT THAT IF AN EMPLOYEE IS WORTH HAVING ON THE PAYROLL, -.HE IS ENTITLED TO THE 8.5%, WHICH IS THE MIDWAY POINT OF THE PRESIDENTS GUIDELINES. COMMISSIONER LYONS AND THE OTHER BOARD MEMBERS PRESENT ALL AGREED THEY WOULD GO ALONG WITH AN 8.5% COST OF LIVING INCREASE, PLUS A MAXIMUM MERIT INCREASE OF 5%. COMMISSIONER Loy POINTED OUT THAT THE SAFEGUARD IN IMPLE- MENTING THE PLAN IS THAT THE 5% MERIT INCREASE MONEY SET ASIDE IN THE BUDGET WILL NOT EXCEED 2.5% OF THE TOTAL SALARY BUDGET. COMMISSIONER LYONS SUGGESTED THAT THE PERCENTAGE FOR MERIT INCREASES BE DIVIDED AMONG THE QUARTILES AS FOLLOWS: 4TH QUARTILE - 0%; 3RD QUARTILE - 1%; 2ND QUARTILE - 3%; AND IST QUARTILE - 5%. COMMISSIONER LOY AGREED THAT THE QUARTILE SYSTEM WOULD BE ANOTHER SAFEGUARD TO GUARANTY THAT EFFORTS WILL BE MADE TO GIVE THE MERIT INCREASES ONLY WHERE THEY ARE DESERVED. SHE BELIEVED THAT BY STRESSING THE QUARTILE SYSTEM AND DEFINING THE AMOUNT OF MONEY SET m m im ASIDE FOR MERIT INCREASES, THE BOARD WOULD INDICATE TO THE OTHER OFFICES WHICH THE BOARD FUNDS, I.E., THE SUPERVISOR OF ELECTIONS, CLERK'S OFFICE, ETC., HOW SERIOUS WE ARE AND MAKE THEM AWARE THAT THERE IS ONLY SO MUCH MONEY TO DISTRIBUTE OVER ALL THEIR PEOPLE FOR MERIT INCREASES. CHAIRMAN SIEBERT STATED THAT AS FAR AS THE BOARD'S EMPLOYEES ARE CONCERNED, HE WOULD LIKE TO SEE THE QUARTILE SYSTEM SET UP WITH THE INCREASES AS SUGGESTED BY COMMISSIONER LYONS, OR 0 - 1 - 3 - AND 5. COMMISSIONER DEESON INQUIRED WHETHER WE ARE REVIEWING EMPLOYEES AT LEAST ANNUALLY TO LET THEM KNOW WHERE THEY STAND. HE FELT THIS MUST BE DONE. ASSISTANT ADMINISTRATOR NELSON SUMMARIZED THAT THE BOARD IS RECOMMENDING AN 8.5% COST OF LIVING RAISE ACROSS-THE-BOARD, PLUS A MAXIMUM OF 5% MERIT INCREASE FOR ANY ONE INDIVIDUAL, BUT IN ORDER TO DETERMINE THE AMOUNT OF MONEY THAT IS AVAILABLE FOR THE MERIT INCREASES, IT IS 2.5% TIMES THE TOTAL BUDGET AMOUNT ON PAYROLL. CHAIRMAN SIEBERT NOTED THAT THE MERIT INCREASE IS TO BE BASED ON PRESENT SALARIES, NOT ON THE SALARY AFTER THE 8.5% COST OF LIVING INCREASE IS ADDED. HE REQUESTED THAT PERSONNEL DIRECTOR DONLON PUT THESE RECOMMENDATIONS INTO WRITING. COMMISSIONER Loy COMMENTED THAT THE SALARY THAT AN EMPLOYEE FINISHES WITH ON SEPTEMBER 30TH - THAT SALARY IS TO BE INCREASED 8.5%. THE MERIT INCREASE IS TO BE BASED ON THE SALARY AS OF SEPTEMBER 30TH. CHAIRMAN SIEBERT STATED THAT IF AN EMPLOYEE GOT 8.5%, PLUS 3%, FOR INSTANCE, IT WOULD BE 11.5% TIMES HIS PRESENT SALARY, COMMISSIONER LOY DID NOT BELIEVE WE ARE GOING TO BE IN A POSITION TO DO ALL THIS BY THE END OF THIS FISCAL YEA§ BECAUSE SHE FELT THE MERIT INCREASES COME UP ALL THOUGHOUT THE YEAR. CHAIRMAN SIEBERT ASKED MR. DONLON IF THE MERIT INCREASES ARE STAGGERED, AND PERSONNEL DIRECTOR DONLON STATED THAT THEY ARE ON AN ANNUAL BASIS, AND HE HOPED THEY WOULD BE ABLE TO COMPLETE ALL THE EVALUATIONS PRIOR TO THE START OF THE BUDGET YEAR. 71 Y 7190 BOOK 43 .PAGE48 7JF_ `MAY 71990aooK' 43 PAGE 488 COMMISSIONER DEESON ASKED WHETHER AN EMPLOYEE IS CALLED TO THE PERSONNEL OFFICE AND REVIEWED BY BOTH THE PERSONNEL DIRECTOR AND HiS SUPERVISOR WHEN HE IS BEING EVALUATED. MR. DONLON STATED THAT THE EMPLOYEE IS REVIEWED BY HIS SUPERINTENDENT AND THEN IT IS PASSED ON TO THE ADMINISTRATOR. CHAIRMAN SIEBERT CONTINUED TO DISCUSS THE PROPOSED QUARTILE SYSTEM, NOTING THAT AN EMPLOYEE WHO IS IN ONE QUARTILE IN A SMALL GROUP CObLD BE IN A DIFFERENT QUARTILE WHEN THE GROUPS ARE CONSOLI- DATED: SO, THERE WILL HAVE TO BE SOME JUDGMENTS INVOLVED. CHAIRMAN SIEBERT AGAIN EXPLAINED THAT THE BOARD IS RECOM- MENDING THAT EVERYONE GET AN 8.5% COST OF LIVING INCREASE: I.E., A PERSON GETTING $10,000 A YEAR AND WHO WAS IN THE TOP QUARTILE, WOULD GET THE $10,000 PLUS 8.5% COST OF LIVING, PLUS 5% MERIT, OR 13.5%. HE STATED THAT IF MR. DONLON WILL WRITE THIS OUT, HE WILL REVIEW IT WITH HIM. COMMISSIONER LOY DISCUSSED THE PROPOSED WORKSHOP MEETING WITH THE ZONING BOARD ON THE EVENING OF MAY 15TH TO REVIEW THE COM- PREHENSIVE LAND USE PLAN AND STATED THAT SHE NOW HAS LEARNED THAT NEITHER SHE NOR COMMISSIONER LYONS WILL BE ABLE TO ATTEND, SHE SUGGESTED THE MEETING BE SET FOR ANOTHER NIGHT. COMMISSIONER LYONS STATED THAT THEY SHOULD GO AHEAD WITH THE MEETING WHETHER HE COULD BE THERE OR NOT BECAUSE HIS FEELING WAS THAT AS LONG AS WE HAVE THE ENABLING ORDINANCES, THE PLAN WILL WORK. AFTER FURTHER DISCUSSION, IT WAS DECIDED TO ASK THE PLANNING DIRECTOR TO CONTACT THE PLANNING & ZONING COMMISSION TO SEE IF THE WORKSHOP SESSION COULD BE CHANGED TO WEDNESDAY EVENING, MAY 14TH, AT 7:30 P.M. CHAIRMAN SIEBERT STATED THAT HE WOULD LIKE TO HAVE THE BOARD ADOPT A RESOLUTION HONORING THE PEOPLE WHO DONATED THEIR SERVICES TO ASSIST THE LITTLE GIRL WHO WAS SO BADLY BURNED RECENTLY. HE FELT THEY DESERVED RECOGNITION OF THEIR EXEMPLARY SERVICE TO THE COMMUNITY. 72 I DISCUSSION FOLLOWED AND IT WAS FELT THOSE INVOLVED WERE AN INHALATION THERAPIST, A NURSE, AN AMBULANCE DRIVER, A MR. SMITH, MR. ODOM, AND POSSIBLY A RESIDENT OF JOHN'S ISLAND WHO OFFERED HIS PRIVATE PLANE. PHIL LONG, OF THE MIAMI HERALD, WILL ASSIST IN RESEARCHING THIS AND OBTAINING THE NAMES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE A RESOLUTION AS DESCRIBED ABOVE AND ADOPTED RESOLUTION 80-43. RESOLUTION 80-43 WILL BE MADE A PART OF THE MINUTES AFTER BEING PRESENTED. 73 .14 43, RArx489 MAY 7 1980 - _R� —MAY „7,.1980 ,. ,. .. � ^ =^ ^- ^ � �-� ^ e 100.,%4,q Ann, BOARD OF COUNTY COMMISSIONERS — OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, on May 3, 1980, PATRICIA ZEH, ten years old, of Indian River County was badly burned due to gasoline igniting and rushed by automobile to the Indian River Memorial Hospital; and WHEREAS, there were many people involved in the life-saving drama that followed, some far and above the call of duty, in dramatic sequence as follows: 1. MARIE REYNOLDS and DOREEN JANNETTY were the nurses in the ,Emergency Room when the little girl was -brought --in and they acted in a prompt and diligent manner; The Indian River County Volunteer Ambulance Squad was having their annual banquet when the emergency call came in, and ALEX SMIT who is not only a member of the Ambulance Squad but a member of the Shrine Crippled Children's Committee, together with BUD INMAN 'left the banquet and responded in the usual prompt and efficient manner of the Volunteer Ambulance Squad. When it was decided to to little PATRICIA ZEH to the Tampa Burn Center for treatment, BUD 'INMAN volunteered to drive the ambulance accompanied by PAT ORRICK, a nurse in the Intensive Care Unit of the local Hospital, and ALEX SMITH; On May 5th it was determined that little PATRICIA ZEH should 'be flown to Boston for more sophisticated treatment and WILLIAM PATTERSON donated his airplane for the trip. ART SCHULZ piloted the plane again accompanied by ALEX SMITH; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board takes this opportunity to honor some of the many people who have contributed time and effort and donated equipment to help little PATRICIA ZEH in a manner that is another example of the wonderful volunteerism that we have in Indian River County; and BE IT FURTHER RESOLVED that the Board expresses its thanks to all of the people involved in the life-saving mission, and in particular, MARIE REYNOLDS and DOREEN JANNETTY, nurses at the local Hospital; ALEX SMITH and BUD INMAN who drove the little girl to Tampa; PAT ORRICK, a nurse in the Intensive Care Unit of the Indian River Memorial Hospital; WILLIAM PATTERSON who donated his plane for the flight to Boston; and ART SCHULZ who piloted the plane accompanied by ALEX SMITH. Said Resolution shall become effective as of May 7, 1980. R1VER� El �o ai 9 Chairman, County Commissioners CHAIRMAN SIEBERT STATED THAT THE BOARD WOULD CONSIDER NEXT THE PROJECT PROPOSED BY MARK FEY, WHICH IS AS FOLLOWS: Mark Fey 745 - 36th Avenue Vero Beach, FL 32960 Board of County Commissioners April 18, 1980 Indian River County 2145 - 14th Avenue Vero Beach, Florida 32960 Commissioners: My name is Mark Fey and I reside at 745 - 36th Avenue, Vero Beach, Florida. I am working down the path toward Eagle. As part of my advancement to Eagle Scout, it is required that I do a service project of community nature. For my service project I have choosen to produce a certain amount of trash can's to be placed alongside county roads or in recreational areas in Indian River County. Enclosed is a drawing of the purposed types of can's that I saw at John Prince Park in Lake Worth, Florida, that were semi- permanent and could be easily emptied. This project has been approved by my Scoutmaster and the Eagle project board. If I can get your permission and the area where these receptacles would best be used so •I can start building these units. I await your permission or the department that has jurisdiction in this matter. Sincerely, Mark Fey Drum to be painted Dark Green and stenciled in Yellow. Ten (10) units to be made. Wire screen in concrete MAY 71980 KEEP 'OUR COUNTY CLEAN BSA T520 Eagle Project --55 Gal. Drum, swivels to dump. .4 --i" bolts --2" Angle Iron -3" Concrete Base Boa 43 , FAA9,1 75 r BOOK 43 w492 MARK FEY WAS PRESENT AND STATED THAT HE WOULD CARRY OUT THIS PROJECT WITH THE HELP OF THE BOYS IN HIS TROOP AND WOULD LOCATE THE TRASH CANS WHEREVER THE BOARD DESIRED. CHAIRMAN SEIBERT FELT THIS IS A VERY WORTHWHILE PROJECT, AND -THE ADMINISTRATOR STATED THAT HE WOULD BE GLAD TO WORK WITH MARK IN ANY WAY HE COULD TO LOCATE THE TRASH RECEPTACLES IN THE PROPER PLACES. IV COMMISSIONER LOY AND THE OTHER BOARD MEMBERS STATED THEY WOULD BE DELIGHTED TO ACCEPT MARKS OFFER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF MARK FEY AS OUTLINED IN HIS LETTER OF APRIL 18, 1980 TO PROVIDE TRASH RECEPTACLES TO BE USED IN COUNTY RECREATION AREAS AS PART OF HIS ADVANCEMENT TOWARDS BECOMING AN EAGLE SCOUT. COMMISSIONER LYONS INFORMED THE BOARD THAT HE HAD RECEIVED THE FOLLOWING LETTER OF RESIGNATION FROM RALPH SEXTON. HE STATED THAT MR. SEXTON HAS INDICATED HE WILL CONTINUE TO SERVE UNTIL WE CAN FIND A REPLACEMENT FOR HIM. P.O. BOX 1208 VERO BEACH, FLORIDA 32960 April 29, 1980 The Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Gentlemen and Madam: Phone: 562-2301 I am asking Commissioner Pat Lyons to read this letter to you at your next meeting. Please accept my resignation from the Indian River County Planning and Zoning Board. My reasons for resigning are that I feel the County Commissioners do not appreciate nor take seriously the recommendations of the Planning Board and Staff. The Planning Board is politically immune and able to make recommendations from an objective point of view. It also spends many hours working with the Planning Staff and at Public hearings. It is not very rewarding after taking the heat of the battle and losing friends to have your decisions reversed on you. The two decisions which you granted at your last meeting regarding the Glenn property and Walker property violated the agricultural preservation area which is plainly on the master plan. You did it against the recommendation of the Planning and Zoning Board and the Planning Staff. In my opinion it is bad zoning and irresponsible. I feel that it is not good for Indian River County for me to fight with the Commissioners and because of my feelings and belief that is what would happen if I remain on the board. Sincerely yours, Ralp W. Sexton 4 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF RALPH SEXTON FROM THE PLANNING AND ZONING BOARD WITH REGRET AND ADOPTED RESOLUTION 80-44 HONORING HIM FOR HIS LONG AND DEVOTED SERVICE TO THE COUNTY. 77 Bova. 43' PAGE 4-R WHEREAS, RALPH W. SEXTON has submitted his resignation from the Indian River County Planning and Zoning Commission; and WHFJREAS, RALPH W. SEXTON has faithfully served the interests of all of the citizens of Indian River County and diligently performed his duties as a member of the Indian River County Planning and Zoning Commission, taking into consideration all of the facts and making objective decisions; and WHEREAS, during RALPH W. SEXTON'S tenure on the Indian River County Planning and Zoning Commission, both as a member and as Chairman of said Commission, the population of Indian River County has been greatly increased but because of the diligence of the Commission our community has retained its unique qualities; and WHEREAS, the Board of County Commissioners has previously honored RALPH W. SEXTON, for his accomplishments as a member of the Indian River County Planning and Zoning Commission on June 7, 1978; and WHEREAS, in addition to the many accomplishments set forth in the prior Resolution honoring RALPH W. SEXTON, RALPH W. SEXTON has also been instrumental in seeing other matters brought to a successful conclusion, among them being: Adoption of Rezoning of Rezoning of Amending the Ordinance Emergency Flood Ordinance; Wabasso Road; Oslo Road; and Site Plan Approval Section of Zoning J NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY J COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board accepts RALPH W. SEXTON'S resignation from the Indian River County Planning and Zoning Commission with regret and with heartfelt ^� gratitude on behalf of itself and the citizens of Indian River County to RALPH W. SEXTON for his diligent service to the jo community; and BE IT FURTHER RESOLVED, that the Board of County Com- missioners of Indian River County, Florida, wishes RALPH W. SEXTON continued success in his future endeavors. / Said Resolution shall become effective as of the 7th day of May, 1980. Moo Chairman,County Commissioners COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO DISCUSS THE GIFFORD SEWER SYSTEM. HE NOTED THAT THERE WAS A LETTER WRITTEN REQUESTING THAT WE CONSIDER OBTAINING PROPERTY ON LINDSEY ROAD FOR THE TREATMENT PLANT INSTEAD OF THE PRESENT PROPOSED LOCATION ON KING'S HIGHWAY, AND HE DID NOT BELIEVE THIS HAS BEEN PURSUED ANY FURTHER. HE CONTINUED THAT HE WOULD LIKE TO HAVE THE ENGINEERS GIVE US AN IDEA OF HOW MUCH LAND WE COULD BUY WITH THE MONEY WE WOULD SAVE BY HAVING THE PLANT AT A MORE CONVENIENT LOCATION, AND IF WE COULD BUY PROPERTY THERE FOR SOMETHING THAT IS NOT TOO FAR DIFFERENT THAN WHAT WE WOULD HAVE TO PAY FOR THE PIPELINE, HE WOULD RECOMMEND THAT WE GO AHEAD AND TAKE THE NECESSARY PROPERTY TO GET THE GIFFORD SYSTEM COMPLETED. HE FELT WE SHOULD REALLY PUT THE PLANT ON LINDSEY ROAD RATHER THAN ON KING'S HIGHWAY; TELL EVERYONE ABOUT IT; AND GET IT OUT IN THE OPEN. MOTION WAS MADE BY COMMISSIONER LYONS, TO REQUEST THE ENGINEERS TO DETERMINE THE SAVINGS IN THE COST OF THE TRANSMISSION LINE WHICH WOULD RESULT IN A CHANGE IN LOCATION OF THE GIFFORD TREAT- MENT PLANT SO WE CAN DETERMINE HOW MUCH PROPERTY WE COULD PURCHASE. COMMISSIONER Loy STATED THAT SHE HESITATED TO SECOND THE MOTION BECAUSE, ALTHOUGH SHE WANTED THE SAME INFORMATION, SHE DID NOT BELIEVE IT REQUIRED A FORMAL MOTION AND COULD BE COVERED UNDER OUR ADDITIONAL SERVICES ARRANGEMENT WITH THE ENGINEERS. ATTORNEY COLLINS ASSUMED THAT COMMISSIONER Loy WAS CONCERNED ABOUT ANY FORMAL MOTION ON BEHALF OF THE BOARD. HE NOTED THAT IF DESIRED, THE BOARD COULD AUTHORIZE THE CHAIRMAN TO REQUEST THE ADDITIONAL SERVICES, BUT IT DOES REQUIRE AN ACTION BY THE COMMISSION. HE INFORMED THE BOARD THAT THE FINAL ORDER HAS BEEN ISSUED IN FAVOR OF THE COUNTY, AND THERE ARE 20 DAYS BEFORE THE PERMIT4WILL BE ISSUED, ABOUT FIVE OF WHICH HAVE GONE BY. COMMISSIONER LYONS STATED THAT HE FEELS THE SAME WHETHER WE HAVE THE PERMIT OR NOT, AND HE BELIEVED OUR POSITION WITH THE PEOPLE OF THE COUNTY WOULD BE GREATLY IMPROVED IF WE WERE TO PUT THE PLANT IN A DIFFERENT LOCATION. 79 �g MAY 7aoaK 43 PAGE 495 . �0 MAY 71990 80©K 43 PAGE 496 COMMISSIONER Loy SECONDED THE MOTION MADE BY COMMISSIONER LYONS. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. CHAIRMAN SIEBERT DOUBTED THAT WE WOULD FIND A WILLING SELLER, AND STATED HE WOULD BE HESITANT TO CONDEMN WHEN WE ALREADY HAVE PROPERTY, BUT COMMISSIONER Loy POINTED OUT THAT POSSIBLY WE COULD OBTAIN A PIECE THAT WOULD ALLOW EXPANSION. DISCUSSION FOLLOWED IN REGARD TO THE NECESSITY FOR AN APPRAISAL. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO GET AN APPRAISAL OF THE PROPERTY THAT IS DETERMINED BY THE ENGINEERS TO BE THE BEST SUITED FOR THE LOCATION OF THE GIFFORD SEWAGE TREATMENT PLANT. PROCLAMATION DESIGNATING THE WEEK OF MAY 11-17, 1980 AS TRANSPORTATION WEEK IS HEREBY MADE A PART OF THE MINUTES. :1 MAY P R O C L A M A T I O N WHEREAS, the growth and development of Florida and Indian River County have depended and will depend greatly on an efficient, comprehensive transportation system; and WHEREAS, our transportation system continues to provide the avenues of communication and mass distribution facilities so vital to the social and economic well-being of the people of this county as well as the state and the nation; and WHEREAS, it is fitting we should recognize the benefits the transportation system has provided - to the development of our society and the progress of all citizens; NOW THEREFORE, We, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, do hereby proclaim the week of May 11 - 17, 1980, as TRANSPORTATION WEEK in recognition of the vital role of transportation in our county, and in connection with the national observance thereof, and urge all citizens to enjoy and participate in its observance. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Willard�W. Siebert, J ., Chairman it 71980 - - Boa 43 PAGE 497 m_ MAY 7 19 80 BooK . 43 PACE 498 RESOLUTION N0, 80-33 TRANSFERRING FRANCHISE, ORIGINALLY KNOWN AS THE VILLAGE GREEN WATER AND SEWER FRANCHISE AND PREVIOUSLY ASSIGNED TO FLORIDA MOBILE HOMES COMMUNITIES, TO FLORIDA ATLANTIC ASSOCIATES, HAVING BEEN COMPLETELY EXECUTED, ACCEPTED AND RECORDED, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF APRIL 91 1980. IV � s e 51428 RESOLUTION NO. 80-33 WHEREAS, this Board heretofore did grant a water and sewer franchise to Earl Groth and C. Reed Knight, said franchise being known as the Village Green Water and Sewer Franchise; and WHEREAS, said franchise was subsequently transferred and - assigned to Florida Mobile Home Communities, Inc.; and WHEREAS, pursuant to Section 13 of said franchise, a request was received for transfer and assignment of said franchise to Florida Atlantic Associates; and WHEREAS, publication of a Notice of Public Hearing was duly made; and WHEREAS, this Board did on April 9, . 1.980 hold a public hearing; NOW, THEREFORE, BE IT RESOLVED -BY -THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the water and sewer franchise, being Resolution No. 73 -82, previously issued to Earl Groth and C. Reed Knight and subsequently transferred and assigned to Florida Mobile Home Communities, Inc., being Resolution No. 78 -65, be and the same is hereby transferred and assigned to Florida Atlantic Associates and said water and sewer franchise shall include the following terms: 1. The service area of said franchise shall include the following described property: Tracts 4 and 5, Section 6, Township 33 South, Range 39 East; Tract 13, Section 31, Township 32 South, Range 39 East; also Tract 3 and the East 20 acres of Tract 6, and the North 528 feet of the East 10.265 acres of the West 20.53 acres of Tract 6, Section 6, Township 33 South, Range 39 East, according to the Indian River Farms Company Subdivision as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, now lying and being in Indian River County, Florida, less rights of ways and reservations of record. 2. The rate schedule shall be changed and amended to provide for the following user rates: WATER Residential First 2,000 gallons All over 2,000 gallonsSEWER, Residential . . RATS $7.10 per month - minimum $1.50 per 1, 000 gallons RATE $7.50 per month per single family dwelling 0 BOOK 437 PAGE 499 _- GORDON S. JOHNSTON, ATTORNEY AT LAW, VERO 84 PABE 10 2 1 MY 71980 Pdo ... 43 - QAct 500 3. THE MOBILE HOMES LOCATED WITHIN THE SERVICE AREA SHALL NEVER BE INDIVIDUALLY METERED DURING THE TERM OF THIS FRANCHISE. 4. Florida Atlantic Associates agrees to pay to the County, as a future hook-up charge into the County's master water system, a payment in the amount of $1, 000.00 per month until such time as said amount shall reach a total of $25, 000.00. The County will establish an interest -bearing passbook account and will deposit said payments into said account holding said funds until such time as the County is in a position to supply water services to the franchised area. The interest earned on said account shall be paid quarterly to Florida Atlantic Associates. The parties agree that the account shall be in the County's name and shall be held under the foll'bwing conditions: (a) At any time that the County shall acquire its own water distribution system, and shall furnish water services to individual customers, all sums of money remaining in said account shall become the absolute property of the County and Florida Atlantic Associates shall relinquish all rights thereto. The $25,000.00 figure was based on the claim of the developer of 113 gallons per day per residential unit. Should experience indicate a higher flow demand, this escrow amount shall be supplemented based on the flow demand formula of $200/ERC X Peak average demand prior 00/GPD/ERC to connecting to the County System. 5. Florida Atlantic Associates agrees to pay to County the sum of $500.00 per month for a maintenance account until such sum reaches the sum of $30, 000.00. Said account shall be an interest -bearing account with interest paid quarterly to Florida Atlantic Associates. Said funds shall be used as a sinking fund and applied only for repairs and/or replacement of the water systems as the need arises. County is granted the right to make necessary repairs using said fund in the event of default on the part of Florida Atlantic Associates in maintaining the quality standards established in this franchise. Florida Atlantic Associates also agrees that the cost of a meter at such time as the County provides water services to the franchise area may be taken out of this fund. 6. The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own sewage collection and treatment system and/or water supply and distribution system and supplies the same to individual customers at which time, the owner will convey all of its water and/or sewer facilities (except for sewer treatment plant, water plant and plant sites) and easements for location of same as owners may own, free and clear of all liens or mortgages, to said County, without charge. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By Chairman Attest: - Clerk - J04A r. aB b 0 2 FACE 1 Q.•2.2 GORDON B. JOHNSTON, ATTORNEY AT LA:'.', VERO BEACH, s ACCEPTANCE The undersigned hereby accepts the foregoing Resolution and the franchise, transferred by this Resolution and for themselves, their suc- cessors and assigns, do hereby covenant and agree to comply with and abide by all of the items, conditions and provisions set forth in said franchise as amended. Dated this 1 day of i- 1980. FLORIDA ATLANTIC ASSOCIATES By FLORIDA MOBILE HOME COM4JNITIES, INC. By Donald W. reeman, Presi ent � 1 Attest: / -. 1�' FichardI. Sills. Secretary 4 SAY t980 Boa .43 PnE501 00ob02PAU 1023 �1 Y 71980 aooK 40 PacE502 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. 65708 - 65861 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 4:10 O'CLOCK P.M. ATTEST: �C c CLERK 86