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HomeMy WebLinkAbout7/9/1980JULY 9, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, .JULY 9, 1980, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLIAM C. WODTKE, SJR.; AND PATRICK B. LYONS. R. DON DEESON WAS ON VACATION. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; ANTHONY SOVIERO, TAKING THE PLACE OF VACATIONING GEORGE G. COLLINS, SJR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES AND JANICE W. CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. CHAIRMAN SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND COUNTY ADMINISTRATOR JENNINGS GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF .JUNE 18, 1980. COMMISSIONER LYONS SUGGESTED THAT ON PAGE 24, LINE 10, DELETE THE WORDS "LOWEST AND" TO MAKE THE PHRASE READ "AS BEING THE BEST BID,". COMMISSIONER LYONS SUGGESTED THAT ON PAGE 90, LINE 13, AFTER THE WORD "AVENUE" ADD ", AND REPLACE IT WITH A BLINKER SYSTEM,". COMMISSIONER LYONS SUGGESTED THAT ON PAGE 70, LINE 21, AFTER THE WORD "AMOUNT", DELETE THE WORD "TO" AND REPLACE IT WITH "NOT." THOSE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF .TUNE 18, 1980. CHAIRMAN SIEBERT ASKED IF ANY OF THE COMMISSIONERS WANTED TO ADD ANYTHING TO THE AGENDA. ADMINISTRATOR .JENNINGS REQUESTED ADDING TWO ITEMS: DISCUSSION OF A RESIDENT ENGINEER FROM CONNELL, METCALF & EDDY; AND THE MATTER OF CHANGING SEVEN WINDOWS TO ALUMINUM WINDOWS. COMMISSIONER LYONS REQUESTED ADDING A DISCUSSION OF THE PROPOSED AGREEMENT WITH INDIAN RIVER SHORES. 866K 44 PAGE 01 -JUL U 1980 860K 44 PACE o CHAIRMAN SIEBERT REFERRED TO ITEM % ON THE AGENDA CONCERNING THE PROPOSED OSLO SCHOOL SITE. HE ADVISED THAT HE, ADMINISTRATOR .JENNINGS, SUPERINTENDENT BURNS AND MR. IDLETTE OF THE SCHOOL BOARD, HAD MET AND DR. BURNS THOUGHT IT WOULD NOT BE NECESSARY FOR HIM TO BE PRESENT FOR THIS ITEM. THE CHAIRMAN SUGGESTED ADDING A DISCUSSION CONCERNING A HIGH SCHOOL RECREATION SITE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ADD THE ABOVE EMERGENCY ITEMS TO THE AGENDA. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR LAWRENCE A. RAMSEY. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT TO COVER THE JOINT DRAINAGE PROJECT WITH THE CITY OF VERO BEACH, AS FOLLOWS: The following budget amendment is necessary to transfer the funds to pay out of the Federal Revenue Sharing for the drainage study. The total contract price with Reynolds, Smith and Hills is $55,000. Tile City of Vero Beach will pay direct to Reynolds, Smith and Hills the amount of $15,950 which is 29% of the total contract. The County will pay direct the amount of $39,050 which is 71% of the total contract. recommend the following budget amendment to be adopted as part of the approval of funds: ACCOUNT TITLE Engineering Services Reserve for Contingencies Arrn[IAIT Ain 102-110-511-33.13 102-199-584-99.91 INCREASE $ 39,050 DECREASE $ 39,050 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: 2 JUDITH A. WAKEFIELD: July 10-12 Tampa Florida State 4-H Horse Show. Our area is in charge of check-in and as I am agent representative to the state committee from our area I will be in charge of this process. I'll go over late Wednesday afternoon and come back Sunday morning. July 17. Harbor Branch Marine Science 4-H Club Field Trip July.21-25 Gainesville Florida 4-H Congress, 10 Indian River County 4 -Hers will be participating, Jutr 30 -August 1 Ft. Lauderdale Florida Extension Agents Association Annual Conference, The University of Florida is providing per diem for one of the days.. PETE SPYKE: July 1,2 Melbourne July 22,23 Melbourne July 30 - Aug. 1 Ft. Lauderdale St. Johns River WMD Upper Basin Tech- nical Advisory Commitee meeting. The Committee is responsible for developing and recommending a surface water management plan to the SJRWMD Governing Board. SJRWMD Upper Basin Technical Advisory Committee meeting. Florida Association of County Agriculture Agents Annual Meeting., This is the annual business meeting of our professional organ- ization, One day will be on state funds. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF CONVICTIONS, CIRCUIT COURT, ,JUNE, 1980 THE BOARD NEXT DISCUSSED THE FOLLOWING MEMORANDUM FROM COUNTY ADMINISTRATOR JENNINGS: Millard W. Siethcrt, Jr., C.hair;, rr Members of the Poard of County l'omouiss imiors I art taking this l:le ans of i n fr ri—,ii ny all r)ier,lbers of the Board of County Cormiissicnors of Indian River County that I plan to retire' on September I?, 19`10. I have served as County Administrator for the past fourteen years during which time I enjoyed the friendship and full Cooperation of ,311 Ccunty Coiiiiiissioncr;. I _­ Iild not have been =jssociated wi.h a finer wort, dedicated (Troup ut off it ia]l ,, A; Jr"r;r';�1;, 11iJ: t:5 h, tern i�:�c�sc�n rick P, I.y't'ns ME 0 JUL 91980 3 J u L 9 1g8a BOOK 44. PAGE 04 CHAIRMAN SIEBERT AND EACH COMMISSIONER THEN PRAISED THE ADMINISTRATOR, EXPRESSING THEIR APPRECIATION FOR THE FINE WORK HE HAS DONE IN THE COUNTY OVER THE YEARS - HE WILL BE GREATLY MISSED BY EVERYONE. WILLIAM KOOLAGE, SEATED IN THE AUDIENCE, THEN WELCOMED ADMINISTRATOR JENNINGS TO JOIN HIM IN SPECTATORS ROW WHEN HE RETIRES. JOHN BEIDLER. PRESIDENT OF THE INDIAN RIVER COUNTY LIBRARY ASSOCIATION. CAME BEFORE THE BOARD TO REVIEW THE PLANNING GRANT DISCUSSED AT THE MEETING OF .JUNE 25TH. WITH WHICH THE LIBRARY BOARD WISHES TO CON- DUCT AN INDEPENDENT STUDY. HE INFORMED THE COMMISSIONERS THAT THERE WOULD BE $3.000 AVAILABLE TO THE COUNTY TO DO A 10 YEAR PROJECTION AND STUDY OF THE LIBRARY NEEDS. HE CONTINUED THAT A LIST OF CONSULTANTS WOULD BE MADE AVAILABLE TO THEM OR THE COMMITTEE COULD CHOOSE A CONSULTANT ON THEIR OWN. ATTORNEY SOVIERO ADVISED THERE IS A POSSIBILITY THAT THE CONTRACT WITH THE CONSULTANT WOULD EXCEED $3,000, AND ADVISED THAT THE COUNTY MUST BE CAREFUL AND NOT OBLIGATE ITSELF TO PICK UP THE ADDITIONAL TAB, UNLESS THE BOARD WANTS TO DO THIS. COMMISSIONER LYONS DID NOT THINK THEY OUGHT TO EXCEED $3,000, AND THOUGHT THE PLANNING GRANT COULD HELP GIVE A BETTER PICTURE OF THE GROWTH AND WHERE THE ASSETS OUGHT TO BE SPREAD AROUND THE COUNTY. HE ADDED THAT HE WOULD LIKE TO SEE A THIRD PARTY SELECT A CONSULTANT, AND SUGGESTED THE AD HOC COMMITTEE FOR THE JOB. MR. BEIDLER AGREED, AND ALSO DID NOT THINK THE COUNTY SHOULD ENCUMBER ITSELF IN ANY WAY REGARDING THE STATE GRANT. MOTION WAS MADE BY COMMISSIONER LYONS THAT THE COUNTY ADOPT RESOLUTION 80-64 APPROVING THE PLANNING GRANT FROM THE STATE OF FLORIDA, LIMITING THE AMOUNT TO BE EXPENDED TO THE AMOUNT OF THE GRANT, AND THAT THE AD HOC COMMITTEE BE EMPOWERED TO CHOOSE THE CONSULTANT. COMMISSIONER WODTKE FELT THERE WAS A PROBLEM WITH THE WORDING - THE BOARD WOULD ACTUALLY BE EMPOWERING THE AD HOC COMMITTEE TO MAKE A SELECTION. HE PREFERRED THAT THEY MAKE A SELECTION AND A RECOMMENDATION, BUT THAT THE FINAL SELECTION BE MADE BY THE COUNTY COMMISSION. COMMISSIONER LYONS THEN AMENDED HIS MOTION TO ASK THAT THE AD HOC COMMITTEE MAKE A RECOMMENDATION FOR THE CONSULTANT, UPON RECEIVING CONCURRENCE FROM THE LIBRARY BOARD EXECUTIVE COMMITTEE, WHICH WOULD BE SUBMITTED TO THE COUNTY COMMISSION, DISCUSSION FOLLOWED ABOUT THE TIME LIMIT, AND ABOUT THE SCOPE OF WORK. COMMISSIONER WODTKE SUGGESTED APPLYING FOR THE FUNDS, AND IF THEY ARE OBTAINED, THEN GET THE CONSULTANT. COMMISSIONER LYONS FELT THE MOTION WOULD DIE IF THERE WAS NO MONEY. HE ADDED THAT SOMEBODY HAS TO DECIDE WHAT THE CONSULTANT WILL D0; HIS MOTION CONTEMPLATED THE FACT THAT THEY MUST CHOOSE THE CONSULTANT, THE STUDY, AND USE THE $3,000 - THEY ALL GO TOGETHER, MR. BEIDLER SUGGESTED NUMBERING THE ITEMS IN THE SCOPE OF WORK, AND DOING AS MANY AS POSSIBLE WITH THE $3,000 GRANT. ATTORNEY SOVIERO ADVISED GETTING THE RESOLUTION TO THE STATE FIRST, WHICH WOULD BE A STEP TOWARDS GETTING THE FUNDS, COMMISSIONER LYONS WITHDREW HIS MOTION, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-64 APPLYING FOR A PLANNING GRANT FROM THE STATE LIBRARY OF FLORIDA IN THE AMOUNT OF $3,000, ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE AD HOC COMMITTEE TO PROCEED WITH INTERVIEWING CONSULTANTS FOR THE SCOPE OF WORK IN CONCERT WITH ANTICIPATION OF RECEIVING THE GRANT, 5 JUL 91980 BOOK 44' PAGE 05 JUL 91980 RESOLUTION NO. 80-64 RESOLUTION APPLYING FOR A PLANNING GRANT FROM THE STATE LIBRARY OF FLORIDA WHEREAS, the Board of County Commissioners of 800K 44.PAGE 06 Indian River County, Florida are desirous of requesting the State of Florida, State Librarian, for a grant to perform a study of the Indian River Library's organization structure. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that they do hereby respectfully request that the State Librarian consider authorizing a grant for a study on the organizational structure of the Indian River Library in the amount of $3,000.00 BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the State Librarian, Tallahassee, Florida; and, placed in the Official -Minutes of the Board of County Commissioners of Indian River County, Florida, and that the Chairman be authorized to sign the attached "Agreement for Planning Grant." DONE AND RESOLVED this 9th day of July 1980. BOARD OF COUNTY COMMISSIONERS OF Indian River COUNTY, FLORIDA Chair an ` Alma Lee Loy, Vice Chairman William C. Wodkte, Jr,, Commissioner ATTEST: Patrick B. Lyons, Commissioner Don Deeson, Commissioner Clerk Freda Wright THE BOARD DISCUSSED THE SALE OF PROPERTY IN ERCILDOUNE HEIGHTS SUBDIVISION AS REQUESTED BY SIDNEY D. MASON. INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT MR. MASON OWNS LOTS 1, Z AND MOST OF 3 IN BLOCK C, AND WOULD LIKE TO BUY THIS PIECE OF PROPERTY, WHICH ADJOINS HIS SIDE YARD. ASSISTANT ADMINISTRATOR NELSON AGREED THAT THE SUBJECT PROPERTY WOULD BE DIFFICULT TO DEVELOP BECAUSE OF THE TERRAIN - THERE IS A VERY STEEP DROP AT THIS POINT. DISCUSSION FOLLOWED AND IT WAS DETERMINED THAT THIS WAS CONSIDERED AS PART OF THE ROAD RIGHT-OF-WAY. ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE DISPOSITION OF THE PROPERTY IN ERCILDOUNE HEIGHTS AS REQUESTED BY SIDNEY D. MASON, AND AUTHORIZED THE APPRAISAL AND NECESSARY ADVERTISEMENTS. THE BOARD THEN DISCUSSED THE EDA -FHA ACCOUNT,AND INTERGOVERN- MENTAL COORDINATOR THOMAS REQUESTED THAT IT BE AUDITED. ATTORNEY SOVIERO EXPLAINED THAT MR. GUZMAN HAS NOT PERFORMED SATISFACTORILY UNDER THE TERMS OF HIS CONTRACT TO PROVIDE A FINAL AUDIT, AND HE HAS BEEN PUT ON NOTICE IN WRITING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE REQUEST TO AUDIT THE EDA -FHA ACCOUNT. INTERGOVERNMENTAL COORDINATOR THOMAS BROUGHT THE FOLLOWING MATTER BEFORE THE BOARD REGARDING PARTICIPATION IN THE EDA PROGRAM: 7 JUL 91980 BOOK 44 PAGE 07. L- aoa ,4 ?acE 08 Q'p4�ENT OC CO~.P � p UMITEO STATES DEPARTMENT OF COMMERCE • Economic Development Administration Washington, D.C. 20230 r StgtES OF P Mr. William C. Wodtke, Jr. Chairman, Indian River County Board of Commissioners County Courthouse Vero Beach, Florida 32960 Dear Mr. Wodtke: Our letter of September 25, 1978, notified Indian River County of its statistical qualification for designation as a redevelopment area under the Public Works and Economic Development Act of 1965, as amended. Our letter also provided information regarding the prep- aration of a county overall economic development program (OEDP), a prerequisite to designation, and explained that if designated, the county would be eligible for the full range of EDA financial assistance. However, the county has not met the OEDP requirements of the Act, and consequently, has not been designated. On the basis of our recent annual review, we have deter- mined that your county has requalified for designation. Accordingly, the county is again afforded the opportunity to acquire redevelopment area status. If the county desires to participate in the EDA program, it must comply with our OEDP requirements within six months from the date of this letter, or within such additional time, up to six months, as may be granted for good cause. Our Economic Development Representative for your area, Mr. John R. Jones, will be glad to assist you in any way possible. He may be contacted at P. 0. Drawer 3967, Tallahassee, Florida 32303; telephone (904) 224-8525. Also, you may wish to get in touch with our Regional Office in Atlanta for additional information. The address of.that office, of which Mr. Charles E. Oxley is the Director, is Suite 700, 1365 Peachtree Street, N.E., Atlanta, Georgia 30309. The telephone number is (404) 881-7401. Sincerely, a #"dwn Victor A. Hausner Deputy Assistant Secretary for Policy and Planning PLANNING DIRECTOR REVER ADVISED THAT THIS SITUATION HAS BEEN DISCUSSED IN THE PAST FEW MONTHS AND HE IS FULLY IN AGREEMENT THAT THE DOCUMENT NEEDS TO BE PREPARED, HE ADDED THAT THIS,UNFORTUNATELY, REQUIRES APPOINTING A BOARD CONSISTING OF BUSINESSMEN WHO MUST ESTABLISH THE POLICY THAT THE DOCUMENT ITSELF FOLLOWS. PLANNER REVER COMMENTED THAT FUNDS CAN BE OBTAINED FROM THE EDA IF PROJECTS CAN BE EQUATED TO THE ECONOMIC DEVELOPMENT OF THE COUNTY. INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT THERE IS A DEADLINE THAT MUST BE MET IN ORDER TO QUALIFY FOR THIS GRANT. HE REALIZED THAT GOING THROUGH THE PROCESS IS A CUMBERSOME PROCEDURE FOR THE GRANT, BUT IT WAS SOMETHING THAT MUST BE DONE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE PLANNING DEPARTMENT TO PROCEED WITH THE GRANT REQUIREMENTS FOR EDA FUNDING, AND TO CONTACT THE PROPER OFFICIALS IN ORDER TO GET AN EXTENSION. PLANNER REVER REPORTED THAT AT THE NEXT MEETING OR THE FOLLOWING ONE, HE WILL PROVIDE SOME DATA CONCERNING THIS MATTER FOR THE BOARD. CHAIRMAN SIEBERT THEN CONTINUED THE DISCUSSION OF THE RATE INCREASE FOR INDIAN RIVER SANITATION, HELD INITIALLY AT THE JUNE 18, 1980 PUBLIC HEARING. COMMISSIONER Loy COMMENTED THAT THE APPLICANT HAS PROVIDED ALL OF THE INFORMATION THE BOARD HAD REQUESTED. FINANCE OFFICER QUESTIONED THE RATE DISTINCTION BETWEEN THE RESIDENTIAL AND COMMERCIAL CUSTOMERS. MARIAN BOSSONG, EMPLOYEE OF REED KNIGHT AND SPEAKING IN H I S BEHALF, STATED THAT ACCORDING TO THEIR FRANCHISE, THE COMMERCIAL RATE IS BASED ON A DIFFERENT STRUCTURE. SHE ADVISED THAT THE COMMERCIAL RATE IS NOT INVOLVED IN THE RATE INCREASE REQUEST, MS. BOSSONG INFORMED THE BOARD INDIAN RIVER SANITATION HAS APPROXIMATELY 725 RESIDENTIAL AND 75 COMMERCIAL ACCOUNTS. CHAIRMAN SIEBERT INTERJECTED THAT THE NOTICE OF THE CONTINUATION OF THE PUBLIC HEARING WAS MADE AT THE PRIOR MEETING, AS REFLECTED IN THE MINUTES OF JUNE 18, 1980, THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. DISCUSSION ENSUED, AND IT WAS DETERMINED THAT THE LAST RATE INCREASE WAS RECEIVED IN 1977, AND IN 1978 FOR THE SANITARY LANDFILL. JUL 91980 9 Boa 44 PAGE 09 JUL 9 wo BOOK 44 PAu. 10 ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-65 APPROVING THE RATE INCREASE EFFECTIVE AUGUST 1, 1980, BASED ON THE INFORMATION SUPPLIED BY THE APPLICANT, AND ALSO ON THE GENERAL TEST OF REASONABLE- NESS AS INDICATED BY THE RATES OF COMPARABLE SERVICES. COMPLETED. RESOLUTION 80-65 WILL BECOME A PART OF THE MINUTES WHEN THE BOARD NEXT DISCUSSED THE FOLLOWING GUIDELINES TO BE USED AS REQUIREMENTS FOR RATE INCREASE REQUESTS BY FRANCHISE HOLDERS, AND LETTER OF SUGGESTION FROM JOHN D. MORAN: WATER AND SELTR SERVICE RATE INCREASES The following information is furnished as a guideline only to be included in an application for rate increases of water and sewer service. Other infor- mation as deemed necessary may be requested by the Board of County Conmissioners. Four copies of all information should be submitted to this office for the preliminary review and eight additional copies after the Hearing has been schedui._'. 1. Name and address of applicant. ?.. Legal description of the area to be serviced, 3. Listing of present water and sewer rates and proposed water and sewer rates. 4. Financial information supporting the need for the proposed increase in rates. 5. A listing of the number of units serviced with water and the number of units for sewer ser -ice. 6. A billing statement of the most recent month's showing a breakdown of billing by number of bills, amount per unit, total amount, percent of customers in categories, and amount of average bill. 7. Provide a complete description of improvements of water and sewer system completed recently. CS. A tc:t should be made of the water by an independent agency. Sample should be taken before treatment, after treatment and at a customer location. 9. Are you presently in compliance with State and DER reoulations? When the above information has been received and reviewed by the County Staff and found to be complete, the County Administrator shall schedule a date for the Public Hearing. This date shall be stamped ori the copv of.the Public Hearing Notice furnished by the applicant. The apnlicant shall then arranne for publication. of the Notice in the loc,.l newspaner, more than one (1) wee!'., but less than one (1) month before the Public Hear•ina date. The applicant shall then send a copy of the Public Notice to each customer in the franchise area at least ten (10)days before the Public Hearing date. bt Donlon Oo'Haire, Peterkin Ci floran, Chaftered Certified Public Accountants THOMAS F. O'HAIRE. C.P.A. SAMUEL R PETERKIN. JR C.P A JOHN O. MORAN. C P A. ANDREW W. WILLIAMS. C P A June 27, 1980 Mr. Robert Donlon Personnel Director Indian River County Vero Beach, Florida 32960 i Re: Application for Rate Increases/Information to be Provided by Franchised Operator Dear Bob: The minimum standard I would say the franchised operators should furnish with their applications for rate increases would be balance sheets and profit and loss statements, for at least the two years previous. If it is an increase, going back say three years, I would suggest getting all of them between the prior increase to the one being applied for. If you need anything further, please let me know. Very truly yours, l / J in D. /�o n JDM/jlm DISCUSSION FOLLOWED ALONG THOSE LINES. ASSISTANT ADMINISTRATOR NELSON SUGGESTED ITEM #4 SHOULD INCLUDE A BALANCE SHEET AND A PROFIT AND LOSS STATEMENT FOR THE PAST TWO YEARS, AS MINIMUM REQUIREMENTS. FURNISH INCOME TAX STATEMENTS. HE DID NOT THINK THEY NEEDED TO CHAIRMAN SIEBERT AND COMMISSIONER LYONS AGREED. COMMISSIONER Loy COMMENTED THAT ITEM #4 SHOULD READ: "FINANCIAL INFORMATION SHALL CONSIST OF (LIST THE REQUIREMENTS)." COMMISSIONER WODTKE STRESSED THAT IT WOULD BE VERY HELPFUL TO OBTAIN FINANCIAL INFORMATION EVERY YEAR FOR EACH FRANCHISE FILE, SO THE BOARD CAN HAVE AN OPPORTUNITY TO REVIEW THE FILE TO THE LAST RATE INCREASE. HE FELT THIS WOULD ELIMINATE HAVING TO POSTPONE RATE INCREASE REQUESTS DUE TO NOT HAVING SUFFICIENT INFORMATION. DISCUSSION WAS HELD ABOUT DEVELOPING A STANDARD FORM WHICH THE COUNTY COULD SUPPLY TO ALL FRANCHISES. INFORMATION CONCERNING THE NUMBER OF CUSTOMERS BEING SERVED AND OTHER RELIABLE FACTS WOULD BE VERY HELPFUL TO THE PLANNING DEPARTMENT IN ORDER TO KNOW WHAT IS OCCURRING IN THE COUNTY. 11 JUL 91980 B60k 44 wE--66- - --- -- pp - J U L 91980 860K 44 PAGE WILLIAM KOOLAGE, INTERESTED CITIZEN, INTERJECTED THAT IF FINANCIAL STATEMENTS ARE FILED BY EVERY FRANCHISE, THEY SHOULD BE CONSISTENT AND USE THE SAME FORM. COMMISSIONER LYONS RECOMMENDED THE GUIDELINES SHOULD INCLUDE SEVERAL THINGS: 1. THE BOARD REQUIRES ALL FRANCHISES TO MAKE CERTAIN REPORTS. 2. HAVE A FORMAT FOR PEOPLE,WHO ARE NOW IN BUSINESS, TO FOLLOW. 3. THE BOARD SHOULD HAVE THE FINANCE OFFICER REVIEW THE FINANCIAL STATEMENTS OF THE FRANCHISE HOLDERS. COMMISSIONER WODTKE ALSO FELT THERE SHOULD BE AN EXPERT REVIEWING THE STATEMENTS TO SEE WHAT AFFECT THE RATE INCREASE WILL HAVE ON THE COUNTY AND ON THE BUSINESS OF THE FRANCHISE. HE ALSO SUGGESTED HAVING A PROJECTION INCLUDED IN THE GUIDELINES. COMMISSIONER LYONS REITERATED THAT IN TFC PROCEDURE FOR ANALYZING THE REQUEST FOR A RATE INCREASE, THE BOARD SHOULD HAVE A STEP FOR THE EXAMINATION BY THE COUNTY FINANCIAL EXPERT. ASSISTANT ADMINISTRATOR NELSON NOTED THAT THIS WAS PUT ON THE AGENDA TO RECEIVE GUIDELINES FROM THE BOARD, AND NOW THIS CAN BE� STUDIED TO COME UP WITH A FORMULA FOR RATE INCREASES TO BE PRESENTED TO THE BOARD FOR APPROVAL. JAMES A. FOWLER, SURVEYOR, MADE A PRESENTATION IN REGARD TO A REQUEST FOR FINAL APPROVAL OF MIRAFLORES SUBDIVISION, PHASE II, OWNED BY NORMAN HENSICK. HE DISPLAYED A PLAT TO THE BOARD. ADMINISTRATOR JENNINGS STATED THAT ALL WORK HAS BEEN COMPLETED TO HIS SATISFACTION. DISCUSSION FOLLOWED ABOUT MIRAFLORES SUBDIVISION, PHASE I. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY GAVE FINAL APPROVAL OF MIRAFLORES SUB- DIVISION, PHASE II, OWNED BY NORMAN HENSICK, AS APPROVED AND RECOMMENDED BY THE COUNTY ADMINISTRATOR. 'THE BOARD NEXT DISCUSSED THE FOLLOWING REQUEST BY JAMES BEINDORF REGARDING FINAL APPROVAL OF UNITS 3 AND 4, BENT PINE SUB- DIVISION, OWNED BY FLORIDA LAND COMPANY: = 12 BEINDORF AND ASSOCIATES, Inc. JAMES L. BEINDORF. P. E. KENNETH W. DAMEROW RICHARD B. VOTAPKA, P. E. May 14, 1980 Mr. Jack G. Jennings County Administrator Indian River County County Courthouse, Room 115 Vero Beach, Florida 32960 Re: Final Approval Units 3 and 4 Bent Pine Subdivision Dear Mr. Jennings: 3805 - 20TH STREET POST OFFICE BOX 849 VERO BEACH. FLORIDA 32960 TELEPHONE 3051562.7981 17 18 We hand you herewith five sets of the record plat for the subject job. [could you please place this on your agenda meeting for May 21, 1980, for final approval. You will remember, I an sure, that this went through the Technical Review Committee and we are now asking for final approval. Florida Land Company, the owner, will wish to post a bond for the completion of all the improvements such as the roads and drainage for the subject job. Copies of the bond will be given to both you and Mr. Collins for your review well before the Commission meeting. Very truly yours, BEINDORF AND ASSOCIATES, INC. games L. Beindorf JLB:mk Enc. cc: Mr. John Lynch Mr. George Cox JAMES BEINDORF EXPLAINED THAT THEY ARE ASKING FOR FINAL APPROVAL OF UNITS 3 AND 4, SUBJECT TO THE POSTING OF A PERFORMANCE BOND FOR COMPLETION OF ROADS AND DRAINAGE. HE ADDED THIS WOULD BE THE SAME FORMAT AND PROCEDURE THAT WAS NEGOTIATED WITH THE BOARD LAST YEAR FOR UNITS 1 AND 2. BOND, BUT A SURETY BOND. MR. BEINDORF SAID THIS WAS NOT A CASH 13 J U L 91980 m 44 Ra 13 r J U L 91980 BOOK 41 PAGE f4 ATTORNEY SOVIERO ASKED IF IT WAS A 100% BOND, AND MR. BEINDORF REPLIED THAT IT WAS, PLUS IT HAD A 20% ESCALATOR CLAUSE FOR THE INFLATION FACTOR. MR. BEINDORF STATED THE COST REALLY IS 20% ABOVE THE ESTIMATED COST OF THE COMPLETION OF ROADS AND DRAINAGE. ATTORNEY SOVIERO COMMENTED THAT ATTORNEY COLLINS HAD INDICATED THE BOND WAS IN COMPLIANCE. COMMISSIONER WODTKE WAS CONCERNED ABOUT THE CONFUSION INVOLVED IN HAVING DIFFERENT UNITS WITH DIFFERENT BONDS AND COMPLETION DATES. HE ADDED THEY MIGHT GET INTO HOME CONSTRUCTION IN THE SUB- DIVISION AND HAVE AN OWNER FIND THERE IS A CLOUD ON THE TITLE. MR. BEINDORF STATED THAT NO SINGLE FAMILY UNITS ARE BEING BUILT AT THIS TIME IN THE SUBDIVISION, AND THE ONLY CONSTRUCTION NOW ARE THE TEMPORARY CLUB HOUSE, AND PART OF THE PERMANENT CLUB HOUSE. HE NOTED THAT AUGUST 20TH IS THE COMPLETION DATE THEY ARE AIMING FOR IN UNIT 1, AS UNIT 2 HAS BEEN COMPLETED. MR. BEINDORF COMMENTED THAT THIS TYPE OF A PROJECT IS LENGTHY, AND IF GIVEN APPROVAL TODAY, WOULD TAKE AS LONG AS NINE MONTHS TO COMPLETE. ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LYONS, THE BOARD UNANIMOUSLY GAVE FINAL APPROVAL OF BENT PINE SUBDIVISION, UNITS 3 AND 4, OWNED BY FLORIDA LAND COMPANY, SUBJECT TO THE FINAL REVIEW AND ACCEPTANCE OF THE BOND BY THE ATTORNEY. PLANNING DIRECTOR .REVER CAME BEFORE THE BOARD TO PRESENT A PROPOSAL FOR,AN INTERIM TRAFFIC CIRCULATION PLAN AT 6TH AVENUE AND U.S. 1, AS REQUESTED BY KENNETH SCHINDLER. HE INDICATED THAT THIS MATTER HAS BEEN DISCUSSED MANY TIMES BEFORE AND THE DEVELOPER HAS ATTEMPTED MANY TIMES TO PURCHASE PROPERTY OWNED BY MRS. BOYLES,IN ORDER TO ABANDON 6TH AVENUE TO MAKE A MORE REASONABLE INTERSECTION FOR BETTER TRAFFIC CONTROL, AS EVIDENCED BY THE FOLLOWING: KENNETH R. SCHINDLER Mr. W.W. Sie',-ert, Jr. Chairnan Board of County Commissioners Indian River County Vero Beach, FL 32960 June 25, 1980 Dear Mr. Siebert: I am requesting to be placed on the agenda at the next regular meeting, which I understand is to be July 9th, 1980, for a further discussion of the traffic situation that exists at the corner of 6th Avunue and U.S. #1. So that you may recall, I appeared before the County Com- mission for approval of the site plan for the construction of a group of shops on property owned by me, on the corner of 6th Avenue and U.S. _-1. This approval was placed in abeyance and the Commission requested that I take further action towards the solution of the 6th Avenue situation. At this time I wish to offer a solution both temporary and permanent to this problem as follows; 1. A deceleration lane installed at my expense according to the State D.O.T. specifications on the south (U.S.# 1) boundry, allowing only entry to my property. Exit from the site to be on 6th Avenue only. (See exhibit 1.) 2. Proposed closing of 6th Avenue and the new access to be by way of existing Right of Way, 8th St. between U.S.wl and 6th Avenue. (See Exhibit 2.) 3. Relocation of my entry and exit if and when no 2. is adopted. (See exhibit 3.) Very truly ours, Kenneth R. Schindler July 1, 1980 MEMO TO: Board of Count Co ssioners FROM: avid Rever, Planning and Zoning Director SUBJECT: Schindler development proposal and related 6th Avenue - U.S. #1 intersection problems This memo and related graphic materials were felt necessary to supplement the Schindler request to come before the Board at the July 9, 1980 Commission meeting. This request stems from Mr. Schindler's desire to resolve the stale- mate which has delayed his attempts to develop the small shopping complex on the approximately two acre site immediately east of the dangerous 6th Avenue - U.S. #1 intersection. The two attached alternates are provided as additional reference material which relate to Exhibits 1 - 3 provided by the developer. We have briefly looked at the 3 exhibits and as a result developed the detail sheets shown as Alternates 1 and 2. Essentially the developer is requesting consideration of the reconfiguration of 6th Avenue to one north bound lane (Exhibit 1) or the provision of an ingress -egress area for one/or both affected parcels if the southern most portion of 6th Avenue could be abandoned (Exhibit 3). We have tried to clar- ify those sketches with preliminary detail sheets outlining the basic design. In regards to the proposals it should be mentioned that the staff has reser- vations in both instances. There are some unresolved problems in both con- figurations primarily in the areas of disrupting a through -route with no nearby alternate collector, and safety hazards as well. Generally, however, it should be noted that of the two staff details Alternate #1 is favored as the least hazardous. As mentioned, there would of course need to be additional provisions as to access limitations along U.S.#1, joint driveway agreements and significant traffic facility modifications such as barricades, warning devices and sign- age. There is also concern about the method of disposing of the right-of- way and/or acquiring the suitable right-of-ways for future needs. Suffice it to say that the staff does strongly feel that the Commission should look toward adopting or endorsing a set policy on overall transportation needs in this area prior to final resolution of any 6th Avenue - U.S. #1 design change: J U L 91900 Bmx 44 Cr J U L 91980 ada 44 PA F. 16 Board of County Commissioners July 1, 1980 Page -2- In this regard we have discussed with Mr. Jennings the future need for an east -west collector at the southern end of 6th Avenue which would probably tie into the southern most portion of an extended Indian River Blvd. Exis- ting development, current planning, and observed development pressures all point toward more intensive land use activities in this area. A viable means of providing for future needs would be to designate a proposed 6th Street extension as a major thoroughfare, thereby allowing for the dedi- cation of the necessary rights-of-way as development occurs. The condemnation of the triangular piece located at 6th Avenue and U.S. #1 would still be necessary for a 90 degree 6th Street tie-in with U.S. #1. Alignment on 6th Avenue and 6th Street and the relation to U.S. #1 will need to be studied care- fully; however, the future need for such a collector is felt to warrant consider- ation at this point. A final point worth discussion also is the previous consideration of a trade off on an established value of the square footage condemned for the 6th Avenue - 6th Street tie-in, as compared to the value of the abandoned portions of 6th Avenue. This is felt to be consistent with an overall attempt to equitably remedy the situation and provide for future needs as well. Thus the remaining issue would rest upon a decision as to access limitations to the south which may in fact need to be addressed by the legal staff. We hope that this input will be of some assistance in this regard. If you have any questions or need additional information, please advise. DMR: jt Enclosure cc: Ken Schindler I I )1 ;i - 4 .1 I • e� - _ :_ - 'rc'-e•. , <�.c•— _ . m•f'. y .. s.•♦• _ .K�. • 'ctcv apl.�rou � ' h I I ! , � ' '�,o. ..�, •mac. _. :e•. • I . _ � I , I • `. _ - M »\ ..»,. ` �`• � --�t-- I t�;�• �'� T� _ is .I 1 I — -- I ! , I m V23TA, C14TRAMC-6 JUL 91980 Nj 44 -PAGE 17 0 al JUL 91980 Nj 44 -PAGE 17 � ♦s .w... rvwa� 9.rY— BODY 44 PAGE,$ 9R•CFCCD �N•9N,,:% GPufPt+ I ve Wil.• zotv1 Z,- L,✓.'i'9`a/�SCY'I X87-C'y-i S%c�T7S "'7iJOd�G/ PLANNING DIRECTOR REVER REVIEWED MR. SCHINDLER'S PROPOSAL OF BRINGING 8TH STREET THROUGH TO U.S. #1 AS A POSSIBILITY► HE FELT A REALIGNMENT OF INDIAN RIVER BOULEVARD SHOULD ALSO BE CONSIDERED, WHICH WOULD BENEFIT VISTA ROYALE AND OTHER DEVELOPERS. MR. REVER STRESSED THAT THE INTERSECTION AT ETH AVENUE AND U.S. #1 IS A VERY DANGEROUS ONE. HE THEN ASKED THE BOARD FOR SOME POLICY DIRECTION, OR A RECOMMENDATION SO THAT HE WOULD KNOW HOW TO WORK WITH MR. SCHINDLER AND OTHER DEVELOPERS, ADMINISTRATOR JENNINGS AGREED WITH THE PLANNING DIRECTOR THAT IT IS A DANGEROUS INTERSECTION AND THEY HAVE BEEN TRYING TO FIND A SUITABLE WAY TO PUT UP A SYSTEM OF LIGHTS FOR THAT PROBLEM AREA. HE FELT THE INTERSECTION SHOULD BE DONE AWAY WITH. MR. JENNINGS THOUGHT THE BOYLES' PROPERTY SHOULD BE ACQUIRED, EITHER PURCHASED OUTRIGHT OR CONDEMNED; ETH AVENUE SHOULD BE BLOCKED OFF; AND MAKE AN INTERSECTION FURTHER NORTH WITH A RIGHT ANGLE OFF U.S. #1. HE FELT WHATEVER LAND IS LEFT IN THE RIGHTS-OF-WAY WILL HAVE ACREAGE VALUE AND COULD BE DISPOSED OF TO THE ADJOINING PROPERTY OWNERS. LENGTHY DISCUSSION FOLLOWED AND VARIOUS IDEAS WERE CONSIDERED ABOUT THIS DANGEROUS INTERSECTION AND MR. SCHINDLER'S PROPOSALS. COMMISSIONER LYONS ASKED WHERE THE MONEY WOULD COME FROM TO ACQUIRE THE BOYLES' PROPERTY. COMMISSIONER LOY REPORTED THERE ARE SEVERAL TRUST FUNDS THE BOARD HAS ACCESS TO FOR ROAD JOBS. ASSISTANT ADMINISTRATOR NELSON NOTED THAT THE COUNTY DOES HAVE AUTHORITY AT 8TH STREET TO INSTALL A TRAFFIC LIGHT, WHICH HAS NOT BEEN EXERCISED. COMMISSIONER LYONS FELT THAT IN REGARD TO PUBLIC SAFETY, THE COUNTY OUGHT TO BUY THE BOYLES' PROPERTY AND REROUTE THAT INTER- SECTION. ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY, THE PLANNING DEPARTMENT, AND THE ADMINISTRATOR TO COME BACK WITH A RECOMMENDATION BY THE MEETING OF JULY 30, 1980 TO: JUL 91980 19 sm 44 ,PAUE 19 r ON, �11iii; BOOK 44 PAGF .20 1. GET RID OF THE INTERSECTION OF U.S. #1 AND 6TH AVENUE. 2. PROVIDE THE BEST MEANS OF INGRESS AND EGRESS FOR THE PROPOSED SHOPPING CENTER FOR MR. SCHINDLER, 3. COME UP WITH THE BEST SUGGESTION FOR THE RIGHT ANGLE ENTRANCE FOR 6TH AVENUE TO U.S. #1. 4. COME UP WITH THE BEST SUGGESTION TO DO THIS AT THE LOWEST POSSIBLE COST TO THE COUNTY. ATTORNEY SOVIERO NEXT DISCUSSED WITH THE BOARD THE NEW LEASE FOR THE AGRICULTURAL CENTER ON 20TH STREET. HE STATED THAT SINCE THE NEW ADMINISTRATION BUILDING WILL BE READY IN JULY OF NEXT YEAR, HE SUGGESTED REDRAFTING PARAGRAPH 15 TO INCLUDE A MONTH-TO- MONTH LEASE FOR A PERIOD OF SIX MONTHS AT THE TERMINATION OF THIS LEASE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE NEW LEASE FOR THE AGRICULTURAL CENTER FOR ONE YEAR WITH THE OPTION TO RENEW FOR SIX MONTHS ON A MONTH- TO-MONTH BASIS. THE LEASE WILL BE ADDED TO THE MINUTES WHEN COMPLETED. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 OCLOCK NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK THE PLACE OF DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE MEETING. COMMISSIONER LOY NOTED THAT THE FLORIDA DEPARTMENT OF NATURAL RESOURCES, BUREAU OF BEACHES AND SHORES, IS PREPARING THE EROSION CONTROL TRUST FUND BUDGET FOR FISCAL YEARS 1981/82 AND 1982/83, AND AS USUAL, WE HAVE ONLY A SHORT TIME TO PUT IN ANY KIND OF A PROPOSAL, JULY 15TH BEING THE DEADLINE. THE INTERGOVERNMENTAL COORDINATOR HAS LOOKED AT THIS AS WELL AS THE PLANNING DEPARTMENT, AND WE HAVE ALL KINDS OF IDEAS, BUT SHE FELT THE MAIN CONCERN IS TO KEEP OUR NAME IN THE POT, COMMISSIONER LOY REPORTED THAT THE CITY OF VERO BEACH DID HIRE A CONSULTANT TO PREPARE AN APPLICATION FOR THEM, AND SHE UNDER- STOOD THE TOWN OF INDIAN RIVER SHORES ALSO HAS MADE AN APPLICATION. ALTHOUGH AN APPLICATION DOES NOT NECESSARILY MEAN YOU WILL BE FUNDED, SHE WAS CONCERNED THAT WE DO NOT PASS UP ANY OPPORTUNITY. COMMISSIONER WODTKE REPORTED THAT THEY HAVE HAD ONE MEETING OF THE BEACH RESTORATION AND PRESERVATION COMMITTEE, AND THE COM- MITTEE DECIDED THAT THE FIRST AREA THEY NEEDED TO DISCUSS WAS THE CORPS' PLAN AND FUNDING AND THEN GET INTO THE AREAS OF DUNE PROTEC- TION, ETC. HE STATED THAT HE HAS REQUESTED REPRESENTATIVES OF THE CORPS AND THE DER TO MEET WITH THE COMMITTEE SOMETIME WITHIN THE NEXT SIX WEEKS. COMMISSIONER WODTKE CONTINUED THAT THE PLAN APPAR- ENTLY STILL IS IN THE PROCESS OF WORKING ITS WAY TO WASHINGTON, AND IT MAY BE AS LONG AS A YEAR FROM NOW WHEN IT IS APPROVED AT THE WASHINGTON LEVEL AND THEN GOES INTO THE FUNDING STAGES, HE HAD NO DEFINITE SUGGESTION FOR A PROPOSAL TO THE DEPARTMENT OF NATURAL RESOURCES, BUT FELT WE -SHOULD AT LEAST MAKE THEM AWARE THAT WE HAVE ADOPTED A RESOLUTION SUPPORTING THE CORPS' PLAN AND THAT AS SOON AS IT IS APPROVED AND FUNDED, WE WANT TO BE ON LINE TO ACQUIRE STATE FUNDS FOR THE PROJECT. CHAIRMAN SIEBERT SUGGESTED THAT THE BOARD HAVE THE PLANNING DEPARTMENT WRITE A LETTER STATING THAT WE HAVE NO SPECIFIC REQUEST THIS YEAR, BUT WILL HAVE IN THE FUTURE, AND ALSO ADD THAT WE SUPPORT THE REQUEST OF THE CITY OF VERO BEACH. SENIOR PLANNER MARSH ASKED IF THE WORDING COULD BE MADE MORE ALL INCLUSIVE TO ALLOW FOR A MORE SPECIFIC STUDY IN THAT TWO TO THREE YEAR PERIOD IN REGARD TO A POSSIBLE PUBLIC-PRIVATE COOPERATIVE APPROACH ON PLANTING OF SEEDLINGS ON THE BLUFF LINE AS AN INTERIM MEASURE TO SUPPLEMENT THE RENOURISHMENT STUDY BEING DONE BY THE CORPS. THIS WOULD SERVE TO PUT THEM ON NOTICE THAT THERE IS ACTIVITY ON A PRIVATE -PUBLIC APPROACH IN THE INTERIM. COMMISSIONER Loy STATED THAT MR. MARSH HAS SOME INNOVATIVE IDEAS ABOUT SEEDLINGS, ETC., AND SHE BELIEVED THERE IS NOTHING WRONG WITH THAT BEING PUT ON RECORD. MR. MARSH NOTED THAT THE CITY DID PUT ON THEIR REQUEST THAT THEY ARE REQUESTING FUNDING FOR DUNE WALKOVERS, ETC., AND HE POINTED OUT THAT MAKING THE WORDING MORE INCLUSIVE WOULD LEAVE THE DOOR OPEN FOR SUCH THINGS IN THE FUTURE AS BEACH ACCESS POINTS, DUNE WALKOVERS, ETC, 21 JUL 91980 B,mx 44,wf BOOK 44 PAGE 22 COMMISSIONER WODTKE AGREED THAT AN ALL INCLUSIVE STATEMENT ABOUT SPECIAL AREA STUDIES IS A GOOD IDEA. COMMUNITY DEVELOPMENT DIRECTOR, ED REGAN, CAME BEFORE THE BOARD TO REQUEST THAT THE COUNTY TRANSFER THEIR $400,000 RESERVATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR RURAL HOUSING LAND ACQUISITION AND SITE DEVELOPMENT ASSISTANCE TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY. HE REPORTED THAT IN JULY OF LAST YEAR THE LEGISLATURE MADE ARRANGEMENTS TO LOAN TO CITIES AS WELL -AS COUNTIES, AND OUR MONEY WAS ALLOCATED TO A CITY. J. B. EGAN, III, CHAIRMAN OF THE HOUSING AUTHORITY, WROTE TO OUR LEGISLATIVE REPRE- SENTATIVES URGING THEM TO ENCOURAGE ADDITIONAL FUNDING FOR LAND DEVELOPMENT SO THAT PRIOR COMMITMENTS COULD BE MET, AND THEY RESPONDED POSITIVELY AND TWO MILLION ADDITIONAL FUNDING WAS MADE AVAILABLE. MR. REGAN THEN DISCUSSED A PROPOSED RESOLUTION WHICH WOULD TRANSFER THIS RESERVATION JO THE HOUSING AUTHORITY, AFTER WHICH THE HOUSING AUTHORITY WOULD CARRY THIS MATTER TO ITS CONCLUSION - BUYING THE LAND, DEVELOPING THE AREA, FUNDING, ETC. HE POINTED OUT THAT THIS FUND IS A LOAN WHICH WILL BE REPAID BY THE SALE OF THE LAND. THIS WOULD PUT THE HOUSING AUTHORITY IN THE BUSINESS OF DEVELOPING HOUSING, AND THEY NEED TO GET INTO THAT RESPONSIBILITY. COMMISSIONER LYONS ASKED IF THIS PARTICULAR FINANCING AR- RANGEMENT WAS HANDLED BY THE COMMITTEE FOR THE HOUSING FINANCE AUTHORITY, AND HE WAS INFORMED THAT THIS IS ENTIRELY SEPARATE. HE THEN ASKED IF THE FULL RESPONSIBILITY FOR THE LIABILITY INVOLVED IN CONNECTION WITH THIS LOAN FROM THE STATE WOULD GO TO THE HOUSING AUTHORITY AND THE COUNTY WOULD NO LONGER BE INVOLVED. MR. REGAN FELT THAT THE ANSWER TO COMMISSIONER LYONS' QUESTION WOULD BE SUBJECT TO THE ATTORNEY'S OPINION, BUT HIS UNDER- STANDING WAS THAT THE FULL RESPONSIBILITY THEN WOULD REST COMPLETELY WITH THE HOUSING AUTHORITY. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO SEE ALL THE ACTIVITIES THAT ARE INVOLVED THE LAND, THE HOUSING, THE LOANS ON IT, SUPPLEMENTAL HOUSING MATTERS, ETC., GO TO THE HOUSING AUTHORITY AND LEAVE THE COUNTY, AND HE WOULD HOPE THAT THIS WOULD BE A FIRST STEP IN THAT DIRECTION. 1-1 1 I INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED HIM THAT BY STATE STATUTE, YOU COULD NOT COMBINE THE HOUSING AUTHORITY AND THE HOUSING FINANCE AUTHORITY. COMMISSIONER WODTKE NOTED THAT WE ARE TALKING ABOUT THE $4OO,OOO WE APPLIED FOR, WHICH WAS TO BE USED TO PURCHASE LAND, DEVELOP IT AND SUBDIVIDE: THEN WE, IN TURN, WOULD SELL IT TO A POTEN- TAIL DEVELOPER FOR CREATION OF LAND SITES: AND MR. REGAN IS NOW ASKING US TO TRANSFER THE AUTHORITY TO BORROW THAT MONEY AND MAKE THOSE DECISIONS TO THE HOUSING AUTHORITY. COMMISSIONER WODTKE NOTED THAT THE UTILIZATION OF THAT MONEY WILL REQUIRE AN AWFUL LOT OF INPUT AS TO LOCATION, ZONING REGULATIONS, ETC., AND HE DID NOT KNOW THAT WE WANT TO GIVE THAT RESPONSIBILITY TO THE HOUSING AUTHORITY OR WHETHER THEY REALLY KNOW WHAT THEY ARE GETTING INTO. CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAS HAD CON- VERSATION AT GREAT LENGTH ABOUT THE RURAL HOUSING LAND ACQUISITION PROGRAM WITH THE PROGRAM ADMINISTRATOR, JUDY TRUETT, AND HE BELIEVES IT IS ONE OF THE GREATEST PROGRAMS THEY HAVE AND DID NOT SEE ANY DANGER IN IT: THE LOANS BECOME AVAILABLE: AND THE SECURITY FOR THE LOAN IS THE LAND. HE STATED THAT HE WAS NOT CONCERNED ABOUT THE HOUSING AUTHORITY PURCHASING LAND THAT WILL NOT MEET APPROVAL OF THE BOARD)AND HE AGREED WITH COMMISSIONER LYONS THAT IF THE HOUSING AUTHORITY IS GOING TO BE RESPONSIBLE, THEY SHOULD BE TOTALLY RESPON- SIBLE. MR. REGAN POINTED OUT THAT THE BOARD HAS THE CONTROL OF REVIEWING THE SITE• AND ALSO ALL OF THE OTHER CONTROLS WHICH RELATE TO A PRIVATE DEVELOPER ARE EXERCISED THE SAME RELATING TO A HOUSING AUTHORITY, I.E., ZONING, SITE PLAN APPROVAL, SUBDIVISION REGULATIONS.- ETC. EGULATIONS, ETC. COMMISSIONER WODTKE CONTINUED THAT WHAT WE ARE SAYING IS LET THE HOUSING AUTHORITY GO THROUGH THE DECISION MAKING PROCESS AND THEN COME TO US. HE WAS NOT SURE THAT THE MEMBERS OF THE HOUSING AUTHORITY ARE AS AWARE OF THE SUBDIVISION PROCESS AND THE VARIOUS PROBLEMS THE COUNTY MIGHT HAVE, AND FELT IT MIGHT BE MORE APPROPRIATE TO HAVE THIS REST WITH THE BOARD. W" J U L 91980 aw 44 PuE 24 CHAIRMAN OF THE HOUSING AUTHORITY, J. E. EGAN, III, BE— LIEVED THAT THE HOUSING AUTHORITY IS AWARE OF WHAT THEY HAVE TO GO THROUGH. HE EMPHASIZED THAT THEY HAVE A HOUSING AUTHORITY WHICH HAS BEEN ESTABLISHED SIX MONTHS: THEY ARE READY TO GET TO WORK: AND THEY WANT TO GET TO WORK, HE NOTED THAT THEY ONLY HAVE TWO THINGS GOING SO FAR - THEY HAVE MADE APPLICATION TO HUD FOR 116 UNITS, AND THE SECOND THING IS THIS APPLICATION TO THE STATE. MR. EGAN NOTED THAT THE COMMISSION HAS MANY, MANY MATTERS THEY ARE CONCERNED WITH WHILE THE HOUSING AUTHORITY CAN PUSH THIS PARTICULAR PROJECT AND CONCENTRATE ON IT. HE FURTHER NOTED THAT HE IS NOT SURE THE HOUSING AUTHORITY WOULD WANT THE BOARD TO PICK OUT THE LAND AND THEN SAY THE HOUSING AUTHORITY IS TO DEVELOP IT. MR, EGAN INFORMED THAT BOARD THAT THE MEMBERS OF THE HOUSING AUTHORITY HAVE GONE TO GREAT PAINS TO LOOK AROUND THE STATE AT HOUSING AUTHORITIES AND HAVE BEEN TO EIGHT CITIES TO FORMULATE IDEAS. HE REITERATED THAT THEY NEED SOME DOLLARS AND A PROGRAM, AND HE BELIEVED THEY CAN HANDLE THIS. COMMISSIONER LOY ASKED IF THIS PARTICULAR $400,000 CAN BE USED TO PURCHASE LAND THAT THE HOUSING AUTHORITY WOULD USE FOR A RENTAL PROGRAM. MR, REGAN STATED THAT THE FUNDS COULD BE USED TO PURCHASE LAND. THE HOUSING AUTHORITY COULD THEN SELL THE LAND TO THE FEDERAL GOVERNMENT TO BUILD A PUBLIC HOUSING RENTAL PROJECT. HE NOTED THAT ON A SINGLE LOT, YOU HAVE TO OFFER IT TO AN INDIVIDUAL TO BUILD THEMSELVES A HOUSE. IF THERE ARE NOT ENOUGH INDIVIDUALS TO BUY THE LAND, YOU THEN OFFER IT TO PRIVATE DEVELOPERS TO DEVELOP HOUSES FOR THE PEOPLE. WHEN YOU DEVELOP THE LAND FOR MULTI -FAMILY USE, IT WOULD EITHER GO TO THE HOUSING AUTHORITY VIA THE FEDERAL GOVERN- MENT FOR A PUBLIC HOUSING PROJECT, OR IT WOULD BE SOLD OFF TO A PRIVATE DEVELOPER, WHO THEN BUILDS A MULTI -FAMILY PROJECT, MOST PROBABLY FINANCED BY THE FHA UNDER SEC. 515, WHICH ALLOWS FOR LOW INTEREST RATES FOR LOW INCOME FAMILIES. THEN THAT DEVELOPER WOULD RENT IT TO INDIVIDUALS OR THE HOUSING AUTHORITY COULD ENCOURAGE THE DEVELOPER TO BUILD IT AND THEN SELL IT TO A COOPERATIVE. THERE ARE VARIOUS POSSIBILITIES. COMMISSIONER LOY FELT HIS ANSWER WAS NO - THAT IT HAS TO BE SOLD TO SOME ONE, A HOUSING AUTHORITY OR THE FEDERAL GOVERNMENT. m W24 MR. REGAN STATED THAT AS HE UNDERSTANDS THE MECHANISM OF PUBLIC HOUSING, THE TITLE TECHNICALLY IS IN THE FEDERAL GOVERNMENT UNTIL THE BONDS ARE RETIRED AND THEN IT REVERTS BACK TO THE HOUSING AUTHORITY IN OWNERSHIP. COMMISSIONER LOY NOTED THAT THIS MONEY HAS TO BE USED TO PURCHASE LAND AND GET IT IN THE PHYSICAL CONDITION TO BE READY FOR SOME TYPE OF HOUSING, AND AT THAT POINT IT HAS TO BE SOLD SO THAT STATE CAN BE PAID BACK. MR. REGAN DID NOT BELIEVE YOU COULD GIVE A SUBORDINATION SO SOMEONE COULD BUILD ON IT AND YOU COULD PAY THE LOAN OFF LATER, AND COMMISSIONER LOY FELT THE HOUSING AUTHORITY WOULD ACTUALLY HAVE TO PURCHASE THIS LAND, DISCUSSION CONTINUED ON THE TECHNALITIES INVOLVED. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT HE WAS THOROUGHLY FAMILIAR WITH THIS PROGRAM AND EXPLAINED THAT THE UNDER- LYING PRINCIPLE IS THAT THE PEOPLE WHO ARE GOING TO BE SERVED BY THIS CANNOT EVEN AFFORD TO BUY A LOT. THE PEOPLE, IN EFFECT, PAY BACK AT A VERY LOW INTEREST RATE THE LOAN THAT BOUGHT THE LAND. HE SAW NO PROBLEM WITH THE FINANCIAL IMPLICATIONS AND NOTED THIS IS WHERE YOU HAVE GOT TO START: IF YOU DON T START, THERE IS NO NEED FOR A HOUSING AUTHORITY. MR. REGAN COMMENTED THAT THE VEHICLE FOR GETTING THIS INTO THE HANDS OF A MODERATE INCOME FAMILY IS THE FMHA, THEY WILL MAKE LOANS TO INDIVIDUALS WHO WANT TO BUILD THEIR OWN HOUSE, OR WE WILL HAVE THE DEVELOPER BUILD THE HOUSE, GET THE CONSTRUCTION LOAN FROM THE BANK, AND THEN THE FINAL TAKEOUT IS FROM FMHA: SO, THE PURCHASER COULD BE SOMEONE WITH A VERY LOW DOWN PAYMENT WHO MIGHT ONLY PAY 1% INTEREST. COMMISSIONER WODTKE THOUGHT THE PRIMARY PURPOSE FOR THIS TYPE OF DOLLARS WAS TO USE THEM TO PURCHASE THE LAND AND THEN DEVELOP THAT PIECE OF PROPERTY TO GET IT TO A BUILDABLE STATE - ROADS, UTILITIES, DRAINAGE, ETC. HE NOTED THAT YOU GET A BUILDABLE, DE- VELOPABLE LOT VERY MUCH CHEAPER BECAUSE YOU TAKE THE PROFIT MOTIVE OUT OF IT AS FAR AS THE COUNTY IS CONCERNED. 25 Bonf ., paiu- '205- J U L 91980 'BOOK -44 44 PAGE 26 FINANCE OFFICER BARTON STATED THAT IS STEP 1. STEP 2 IS THE DEVELOPER BEING THE HOUSING AUTHORITY OR THE COUNTY ALSO COULD PUT ALL THE REASONABLE STRINGS ON IT TO KEEP THE PROPERTY AT A REASONABLE PRICE. COMMISSIONER WODTKE ASKED IF YOU CAN RESTRICT IT, KEEP IT OPEN TO CHILDREN, ETC., AND CHAIRMAN SIEBERT FELT YOU CAN PUT ANY RESTRICTIONS ON IT THAT YOU DESIRE. MR. REGAN NOTED THAT THE DESIGN CRITERIA THE HOUSING AUTHORITY SHOULD CONSIDER WOULD BE THE OPTIMUM LIVING CONDITIONS FOR THE LEAST POSSIBLE COST. THAT IS WHAT THEY WOULD REQUEST FROM THE DEVELOPER. CHAIRMAN SIEBERT REMINDED THE BOARD THAT THE ISSUE IS WHETHER THE BOARD IS GOING TO DO IT OR THE HOUSING AUTHORITY. COORDINATOR THOMAS STATED THAT HE AND ATTORNEY SOVIERO HAVE NO LEGAL PROBLEM ABOUT THE TRANSFER, BUT FELT THERE MIGHT BE SOME PROBLEM WITH THE PROPOSED RESOLUTION. CHAIRMAN SIEBERT ASKED WHAT THE ATTORNEY OBJECTS TO IN THE RESOLUTION, AND ATTORNEY SOVIERO STATED THAT HE WOULD LIKE TO CLARIFY SOME OF THE STATUTORY REPRESENTATIONS. HE ASKED IF HIS OFFICE HAD DRAFTED THE RESOLUTION. MR. REGAN STATED THAT THE RESOLUTION WAS BASED ON A GUIDELINE RESOLUTION SUBMITTED BY THE STATE. MOTION WAS MADE BY COMMISSIONER LYONS TO ACCEDE TO THE REQUEST OF THE HOUSING AUTHORITY TO TRANSFER THE INDIAN RIVER COUNTY RURAL HOUSING LAND ACQUISITION AND SITE DEVELOPMENT ASSISTANCE LOAN RESERVATION TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY AND AUTHORIZE THE CHAIRMAN TO EXECUTE RESOLUTION #50-66 AS AMENDED BY THE ATTORNEY, EFFECTING THIS TRANSFER. THE MOTION DIED FOR LACK OF A SECOND. DISCUSSION FOLLOWED IN REGARD TO ADOPTING THE RESOLUTION BEFORE THE ATTORNEY HAS REVISED IT. J MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, TO SIGNIFY THE BOARD'S INTENT TO TRANSFER THEIR FUNDING RESERVATION WITH THE STATE OF FLORIDA RURAL HOUSING LAND ACQUISITION AND SITE DEVELOPMENT ASSISTANCE PROGRAM TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY, SUBJECT TO THE RECEIPT OF A SATISFACTORY RESOLU- TION FROM THE BOARD'S ATTORNEY. COMMISSIONER WODTKE STATED THAT HE WOULD VOTE FOR THE MOTION WITH THE UNDERSTANDING THAT SATISFACTORY RESOLUTION MEANS SUBJECT TO THE COUNTY ATTORNEY SAYING THAT THERE ARE NO OTHER LEGAL RAMIFICATIONS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SENIOR PLANNER DAVID MARSH COMMENTED THAT HE HAS SEEN A LEGISLATIVE REPORT IN REGARD TO A NEW LAW WHICH MANDATES THAT ALL COUNTIES MUST AMEND THEIR COMPREHENSIVE PLANS TO INCLUDE PUBLIC HOUSING SITES. SENIOR PLANNER MARSH THEN WENT ON TO GIVE A PROGRESS REPORT ON THE DEVELOPMENT OF WABASSO BEACH PARK. HE INFORMED THE BOARD THAT THEY HAVE COMPLETED THE INITIAL LANDSCAPING EFFORT ON THE BLUFF LINE AT WABASSO BEACH PARK, AND HE BELIEVED THAT PEOPLE ARE STARTING TO RESPOND ACCORDINGLY AND WE ARE GETTING LESS BLATANT VANDALISM AS TIME GOES BY. HE DISCUSSED THE POSSIBILITY OF PUTTING SOME SPANISH BAYONET IN STRATEGIC LOCATIONS. MR. MARSH CONTINUED THAT THEY HAVE NOTICES IN THE PAPER SOLICITING BIDS FOR PHASE A OF THE PROJECT - THE WALKOVERS, BOARDWALK, GAZEBO AND THE LIFEGUARD STATION. THE FINAL DETAILS ARE BEING COMPLETED ON PHASE B - THE RELIEF STATIONS, UTILITIES, ETC. HE FELT THERE IS A VERY GOOD POSSIBILITY THAT COUNTY CREWS COULD BE USED FOR THE MAJOR PORTION OF THIS PHASE. PHASE C WOULD BE THE REMAINING WORK AND WOULD BE DONE PRIMARILY BY THE COUNTY CREWS - THE PARKING LOT, ANY REMODELING AND DRESSING UP, THE FINAL LANDSCAPING, ETC, MR. MARSH CONTINUED THAT HE HAD TALKED WITH THE DEPARTMENT OF NATURAL RESOURCES ABOUT THE REVISED PERMIT APPLICATION WHICH THEY SENT IN TO MAKE MINOR ADJUSTMENTS ON THE PLAN, AND THIS HAS BEEN SENT TO THE DIRECTOR WITH FAVORABLE RECOMMENDATIONS FROM STAFF. J U L 91980 27 Box 4 PA,£ 27 K J U L 9 19 80 Box 44 FAGS 28 MR. MARSH THEN PROCEEDED TO DISCUSS AN OVERSIGHT DUE TO LACK OF COMMUNICATION, WHICH RELATES TO THE CENTER WALKOVER LEADING FROM THE RELIEF STATION AND TO THE BOARDWALK ITSELF. THEY HAD THOUGHT THIS WAS DRAWN AT AN 8% SLOPE TO FACILITATE THE HANDICAPPED, BUT IN FURTHER CHECKING, FOUND THAT THIS WAS NOT DONE. THE ONLY WAY TO RECTIFY THIS IS TO RUN A PARALLEL SYSTEM IMMEDIATELY TO THE SOUTH OF THE EXISTING CENTRAL WALKOVER, ESTABLISH A LANDING, AND TIE IT INTO THE WALKOVER ITSELF. THIS WILL REQUIRE AN IMMEDIATE CHANGE IN OUR PLANS OR IT WILL REQUIRE A CHANGE ORDER LATER ON: THE HANDICAPPED MUST BE ABLE TO GET TO THE WALKOVER AND THE GAZEBO. EVEN THOUGH IT WILL INVOLVE SEVERAL HUNDRED MORE DOLLARS, HE BELIEVED NOW IS THE TIME TO DO IT BECAUSE A CHANGE ORDER WOULD COST US MUCH MORE. MR. MARSH STATED THAT HE WOULD LIKE TO HAVE AUTHORITY TO GO AHEAD AND CHANGE THIS BEFORE THE BIDS ARE RELEASED. COMMISSIONER Loy WISHED TO BE ASSURED THAT THE RECOMMENDED CHANGE MEETS THE STANDARDS REQUIRED FOR THE HANDICAPPED, AND COMMIS- SIONER LYONS ASKED HOW THE HANDICAPPED GET OFF THE GROUND ONTO THE WALKWAY. MR, MARSH STATED THAT WE WOULD PUT IN A WOOD RAMP AND LET THEM COME IN THE CENTRAL WALKWAY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED CHANGING THE WABASSO BEACH DEVELOPMENT PLAN AS DESCRIBED ABOVE TO MEET THE REQUIRED STANDARDS FOR THE HANDICAPPED. COMMISSIONER LYONS BROUGHT TO THE ATTENTION OF THE BOARD THE FOLLOWING LETTER WRITTEN BY THE ADMINISTRATOR IN REGARD TO THE NEED FOR HAVING A RESIDENT ENGINEER FROM CONNELL, METCALF & EDDY TO EXPEDITE PROGRESS ON THE COUNTY ADMINISTRATION COMPLEX: 2M m July 7, 1980 MEMORANDUM TO: Board of County Commissioners FROM: Jack G. Jennings, County Administrator SUBJECT: Resident Engineer from Connell, Metcalf & Eddy, Inc. The location of the offices of Connell, Metcalf & Eddy, Inc. creates a problem in getting timely decisions. CM&E approvals, changes and modifications normally taking only minutes to resolve are requiring months. At a meeting with the architects, contractors, our construc- tion project engineer and myself, it was evident that a resident representative of CM&E would be required eight hours a day three times a week for at least the next three months. This could be reduced to twice a week after the first three months. This resident engineer would have authority to make. and approve on the spot minor changes and other decisions tiia : b,�,en taking months to resolve. The cost to have this person is expensive; however, neces- sary to keep the job proceeding in an efficient manner. The cost of this person would be $10.00 per hour, plus 187% overhead and profit, travel cost and per diem. This amounts to $855.05 per week or $3,420.20 per month. I recommend that we authorize CM&E to place a qualified engi- neer on the job to accomplish these ends. COMMISSIONER LYONS STATED THAT HE WAS PRESENT AT THE MEETING DISCUSSED. AND HE IS ENTIRELY IN AGREEMENT WITH THE ADMINIS— TRATOR IS MEMO. HE NOTED THAT AS THEY OPEN UP THESE BUILDINGS AND START THEIR WORK, THEY FIND THINGS THAT WERE NOT ON THE DRAWINGS BECAUSE THEY WERE HIDDEN BEHIND WALLS, ETC. WITH THE COMMUNICATION TIME BETWEEN HERE AND MIAMI, THERE IS A CONSTANT PROBLEM OF KNOWING WHAT TO DO NEXT AND THE DELAYS COULD BECOME OVERWHELMING. COMMIS— SIONER LYONS BELIEVED WE MUST HAVE AN ENGINEER ON THE SITE OR THE DELAYS COULD CAUSE US TROUBLE WITH MEETING OUR SCHEDULE. 29 r Booz 44 PACE 00 ASSISTANT ADMINISTRATOR NELSON POINTED OUT THAT THIS IS NOT A PANACEA, BUT WE HAVE BEEN ASSURED BY MR. KIRSCH OF CONNELL, METCALF & EDDY THAT THIS PERSON WILL HAVE THE ABILITY, KNOWLEDGE AND AUTHORITY TO MAKE THE APPROPRIATE APPROVALS FOR THE ARCHITECT. HE FELT IT IS THE ONLY SOLUTION AVAILABLE TO US RIGHT NOW. IF THIS SHOULD NOT WORK OUT, THEN IT WOULD BE THEIR RECOMMENDATION TO ELIMINATE THIS PARTICULAR POSITION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED CONNELL, METCALF & EDDY TO PLACE A QUALIFIED ENGINEER ON THE JOB AS SET OUT IN THE ADMINISTRA- TOR S MEMORANDUM OF JULY 7, 1980. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS ASKED TO BE ON THE AGENDA TODAY TO OBTAIN APPROVAL IN REGARD TO CHANGING SOME WINDOWS. MR. KONTOULAS NOTED THAT IN OUR BIDDING PROCEDURE, WE HAD AN ALTERNATE BID OF $400 FOR REPLACING SOME OF THE WOOD WINDOW UNITS. THESE ARE 6' X 6` OPENINGS, AND THE UNIT PRICE IS $400 PER OPENING. HE IS ADDRESSING THIS SITUATION AT THIS POINT BECAUSE IT IS GETTING TO BE TIME FOR THE CONTRACTOR TO ORDER THESE. MR. KONTOULAS THEN REFERRED TO A DRAWING TO EXPLAIN TO THE BOARD WHICH WOOD WINDOWS HE WAS RECOMMENDING BE REPLACED WITH ALUMINUM UNITS AT THIS TIME. THESE ARE THE FIVE WINDOWS IN THE COMMISSIONS OFFICE COMPLEX. HE DID NOT FEEL THE WINDOWS IN THE SUPERVISOR OF ELECTIONS OFFICES WERE AS SIGNIFICANT AND NOTED THAT WHATEVER WOOD WINDOWS ARE LEFT, WE HAVE TO DETERMINE WHAT NEW HARDWARE MAY BE NEEDED. COMMISSIONER LYONS ASKED WHY WE SHOULD LEAVE ANY WOOD WINDOWS - WHY NOT DO IT RIGHT? CHAIRMAN SIEBERT NOTED WE COULD JUST CLOSE THE WINDOWS AND SEAL THEM, AND MR. KONTOULAS STATED THIS COULD BE DONE. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT - THE AIR CONDITIONING IN THAT BUILDING WILL HAVE TO BE ON FOR THE ENTIRE TIME THE BUILDING IS OCCUPIED. 30 COMMISSIONER LYONS WISHED TO BE SURE THAT ALL THE WINDOWS ARE SOUND, AND MR. KONTOULAS FELT ON SOME WE WILL HAVE HAVE TO DECIDE IF THE HARDWARE NEEDS TO BE CHANGED, ETC. HE STATED THAT HE WOULD LIKE THE BOARD'S APPROVAL ON THE FIRST FIVE WINDOWS OR THEIR RECOM- MENDATIONS ON ANY OTHERS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED CHANGING THE FIVE WOODEN WINDOW UNITS IN THE COMMISSIONER'S OFFICE COMPLEX FOR FIVE ALUMINUM WINDOW UNITS. INTERGOVERNMENTAL COORDINATOR THOMAS REQUESTED THAT ANY TIME THERE IS ANY CHANGE AFFECTING THE FUNDS THAT HE GET A COPY OF HOW MUCH MONEY IS INVOLVED, AND THE BOARD AGREED THIS SHOULD BE DONE, MR. KONTOULAS STATED THAT HE WOULD SEE THAT THE COORDINATOR AND FINANCE OFFICER GOT COPIES OF ALL CHANGE ORDERS. UNDER ATTORNEY'S MATTERS, ATTORNEY SOVIERO STATED THAT HE WISHED -AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING ON AN ORDI- NANCE AMENDMENT IN REGARD TO ROOM SIZE REQUIREMENTS RELATING TO MOTELS IN PROXIMITY TO 1-95, HE BELIEVED THE EXISTING ORDINANCE RE- QUIRES 300' PER ROOM, AND THIS PARTICULAR AMENDMENT WOULD REDUCE THE SIZE TO 200'. THIS RELATES TO A REQUEST MADE BY MOTEL "6", INC. CHAIRMAN SIEBERT ASKED IF THE ATTORNEY WOULD RECOMMEND THIS. ATTORNEY SOVIERO COMMENTED THAT MOTEL "6" JUSTIFIED THIS REQUEST BECAUSE THEY HAVE A STANDARD ARCHITECTURAL DESIGN FOR THEIR MOTEL, AND, THEREFORE, IT IS LESS EXPENSIVE FOR THEM TO BUILD THESE PARTICULAR MOTELS AND THE SAVINGS CAN BE PASSED'ON TO THE TRAVELER. THEY ALSO FEEL THAT BECAUSE THESE MOTELS ARE SERVICING ONLY OVERNIGHT TRAVELERS, THEY DO NOT REQUIRE A 300' ROOM. IN OTHER WORDS, THEY ARE ASKING THE BOARD TO CHANGE THE ZONING ORDINANCE TO COMPLY WITH THEIR ARCHITECTURAL DESIGN. HE BELIEVED THE ONLY PEOPLE FOR THIS CHANGE ARE THE ONES MAKING THE REQUEST AND FURTHER BELIEVED IF IT WERE GRANTED, IT COULD CAUSE CHARGES OF DISCRIMINATION. IF THE PUBLIC HEARING IS DENIED, HOWEVER, HE FELT MOTEL "6" WILL CLAIM THEY HAVE NOT HAD ALL THEIR ADMINISTRATIVE REMEDIES. 31 A wia JUL 91900 BooK 4 4 wcE 3 COMMISSIONER WODTKE NOTED THAT EVEN THOUGH THIS IS UNDER THE ATTORNEY'S MATTERS, HE WOULD LIKE TO HEAR FROM OUR PLANNING DEPARTMENT BEFORE HE EVEN WOULD AUTHORIZE A PUBLIC HEARING. HE ASKED IF THIS IS AN APPEAL TO THE BOARD OF ADJUSTMENT'S DECISION, AND ATTORNEY SOVIERO BELIEVED IT IS SIMPLY A REQUEST FOR A PUBLIC HEARING TO CHANGE THE ZONING ORDINANCE. COMMISSIONER WODTKE ASKED IF THE REQUEST IS FROM THE ATTORNEY OF THE PLANNING & ZONING COMMISSION OR FROM A SPECIFIC APPLICANT. ATTORNEY SOVIERO COMMENTED THAT THE MINUTES OF THE PLANNING AND ZONING MEETING INDICATE THAT MOTEL "6" PROPOSED THE AMENDMENT. HE FURTHER NOTED THAT THERE ARE MOTELS IN THAT VICINITY THAT HAVE HAD TO COMPLY WITH THE 300' REQUIREMENT. CHAIRMAN SIEBERT STATED THAT HE WOULD JUST AS SOON DENY THE PUBLIC HEARING. COMMISSIONER LYONS AGREED AND STATED THAT HE DID NOT BELIEVE WE HAVE HAD A FORMAL REQUEST FOR A HEARING. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THAT THE BOARD DELAY A DECISION ON THIS ITEM UNTIL THE NEXT MEETING. CHAIRMAN SIEBERT STATED THAT HE DID NOT SEE ANY SENSE IN PROLONGING THE AGONY, AND HE WOULD RATHER JUST DENY THE PUBLIC HEARING. COMMISSIONER LYONS WAS NOT SURE WE HAVE A REQUEST TO DENY. IT WAS NOTED THAT ATTORNEY COLLINS APPARENTLY ASKED THAT THIS MATTER BE BROUGHT UP. COMMISSIONER LYONS STATED THAT HE WOULD WITHDRAW HIS SECOND, HOPING THAT WE WOULD HAVE ANOTHER MOTION TO DENY THE PUBLIC HEARING. COMMISSIONER WODTKE STATED THAT THE APPLICANT WOULD HAVE A HARD TIME CONVINCING HIM THAT A ROOM THAT SIZE WOULD BE SUFFICIENT.- BUT UFFICIENT, BUT THE PLANNING DEPARTMENT IS NOT PRESENT AND HE DID NOT FEEL ATTORNEY SOVIERO HAS ALL THE INFORMATION. � � r ATTORNEY SOVIERO STATED THAT HE WOULD PREFER THE BOARD NOT TAKE ANY ACTION AT THIS TIME AND LET HIM BRING THIS MATTER BACK AT THE NEXT MEETING, COMMISSIONER LYONS REINSTATED HIS SECOND TO COMMISSIONER WODTKE'S MOTION TO DELAY ANY ACTION, THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY, CHAIRMAN SIEBERT REPORTED THAT HE HAD A MEETING WITH DR. BURNS ABOUT THE OSLO SCHOOL SITE, AND THE PROPOSAL THEY WISH TO RECOMMEND IS THAT THE BOARD CONSIDER EITHER THE 18TH AVENUE ENTRANCE OR 19TH AVENUE RATHER THAN 20TH AVENUE, AND THAT WHATEVER THE COSTS ARE FOR THE CONSTRUCTION OF THE ROAD, INCLUDING CULVERTS, DECELERA- TION LANE, SITE PREPARATION, ENGINEERS, ETC., THE SCHOOL BOARD WILL PAY 75% OF THE COST IN THE FORM OF THE PURCHASE PRICE OF THE LAND, THIS IS NECESSARY BECAUSE THAT IS THE ONLY PLACE THEY CAN GET THE MONEY. THE RATIONALE IS THAT WE HAVE A PAVING PROGRAM LIKE THIS FOR PRIVATE CITIZENS, AND THEY BELIEVE THEY SHOULD BE OFFERED THE SAME THING, THE CHAIRMAN NOTED THAT THEY ARE APPROACHING A CRITICAL TIME FRAME AND WANT TO PUT THAT PROJECT TO BID WITHIN SIX WEEKS; THEY, THEREFORE, NEED TO KNOW THAT THEY ARE GOING TO GET THE PROPERTY. ADMINISTRATOR JENNINGS WILL WORK UP THE FIGURES OF THE ASSOCIATED WORK, AND IN THE MEANTIME, THE CHAIRMAN REQUESTED THAT THE BOARD CONSIDER PASSING A PROPOSED RESOLUTION, WHICH HE READ ALOUD, HE FELT SOME OF THE WORDING SHOULD BE CHANGED TO READ "ACCORDING TO PLAN APPROVED BY THE COUNTY." COMMISSIONER LYONS ASKED IF THERE IS GOING TO BE A ROAD AROUND THE SITE. CHAIRMAN SIEBERT NOTED THAT THE SCHOOL BOARD SAID THEY WOULD BE RESPONSIBLE FOR ALL ON-SITE IMPROVEMENTS; THEY ARE NOT REQUESTING PAVING OF THE PERIMETER STREETS, BUT HE BELIEVED IT WILL COME UP SOME DAY. 33 JUL 91980 Boa 44 PAGE ' 34 COMMISSIONER LYONS FELT THAT PEOPLE SHOULD FACE UP TO TRUE COSTS, AND IF THAT IS WHAT IT COSTS TO PUT A SCHOOL IN THERE, IT SHOULD BE CONSIDERED RATHER THAN TRYING TO LAY IT OFF ON SOMEONE ELSE. CHAIRMAN SIEBERT REPORTED THAT DR. BURNS DID SAY THEY RECOGNIZE THERE HAS BEEN A LACK OF COMMUNICATION BETWEEN THE SCHOOL BOARD AND THE COUNTY IN CONSIDERING SITES AND THAT IN THE FUTURE. THE COUNTY WOULD BE MADE PART OF THE SITE SELECTION PROCESS. COMMISSIONER LYONS AGREED THAT WAS GOOD NEWS, AND HE DID BELIEVE THE COMMUNICATIONS BETWEEN THE COUNTY AND THE SCHOOL BOARD HAVE IMPROVED. ADMINISTRATOR JENNINGS CONFIRMED THAT AT THE MEETING WITH THE SCHOOL BOARD THEY WENT INTO ALL THE DETAILS, AND HE TRIED TO REVIEW WITH EVERYONE THERE HIS PERSONAL FEELINGS ABOUT THE THINGS THAT HAVE HAPPENED OVER THE YEARS IN THE BUILDING OF THE SCHOOLS. HE NOTED THAT THE SCHOOL BOARD FINDS THEMSELVES IN THE POSITION OF HAVING TO COMPLETE PLANS FOR THE SCHOOL, AND THEY DID TALK ABOUT THE SHORT PERIOD OF TIME WHEN THOSE ROADS WILL HAVE TO BE IMPROVED. THEY HAVE PROGRESSED TO THE POINT OF BEING CLOSE TO THE LETTING OF THEIR CONTRACTS AND STARTING OFF. THE ADMINISTRATOR BELIEVED THE PROPOSAL OUTLINED BY CHAIRMAN SIEBERT LOOKED LIKE THE FAIR SOLUTION, OR ACTUALLY ABOUT THE ONLY SOLUTION AT THIS POINT. HE DID FEEL THAT 20TH AVENUE WOULD BE THE LOGICAL ROAD TO DEVELOP SOMETIME IN THE FUTURE, BUT NOTED IF WE TRY TO WORK THIS OUT NOW, THE SCHOOL WILL BE OPENING AND WE WON T HAVE ANY ACCESS. COMMISSIONER LYONS STATED THAT HE HAS VOICED HIS CONCERN, BUT IF THIS IS THE BEST WE CAN GET, HE WOULD GO ALONG WITH IT. COMMISSIONER Loy STATED THAT SHE SHARED THE CONCERN. SHE NOTED THAT THERE WAS A TIME WHEN THE COMMUNITY WAS MUCH SMALLER AND WE WERE THRILLED TO GET ANY SCHOOL AND THE SCHOOL WAS RIGHT IN THE MIDDLE OF TOWN: NOW THE SCHOOLS ARE MOVING OUT FURTHER, AND WE ARE CAUGHT UP IN THE EVER CHANGING RULES AND REGULATIONS. SHE WAS DE- LIGHTED WE HAVE HAD THE OPPORTUNITY TO SIT DOWN WITH THE SCHOOL BOARD AND MAKE THEM AWARE OF SOME OF OUR PROBLEMS, AND BELIEVED WE SHOULD LET ALL GOVERNMENTAL AGENCIES KNOW THAT WE NEED TO BE AWARE OF WHAT THEY ARE PLANNING TO BUILD. 34 COMMISSIONER WODTKE AGREED THAT IT WILL NOT BE LONG BEFORE WE GET A REQUEST TO PAVE THE ROADS AROUND THE SCHOOL, AND HE BROUGHT UP THE POSSIBILITY OF NOT SELLING THE SCHOOL BOARD THE ENTIRE 14.7 ACRES AT THIS TIME, BUT RATHER SELL THEM PART AND GIVE THEM AN OPTION ON THE REST. THIS REMAINDER COULD BE SOLD TO THEM WHEN WE NEED TO DO THE OTHER ROADS AND KNOW THE ACTUAL COSTS. HE FELT WE SHOULD PURSUE THIS AS FAR AS WE COULD. ADMINISTRATOR JENNINGS COMMENTED THAT UNDER THE PRESENT ARRANGEMENT, WE TALKED ABOUT PUTTING IN A NEW CULVERT AND WIDENING THE ROAD AND MAKING A PROPER TURN-OFF FROM OSLO ROAD, AND IT MAY BE THAT THIS COULD ALL BE DONE AS PART OF THE 75%. DISCUSSION CONTINUED IN REGARD TO POSSIBLE COSTS. ATTORNEY SOVIERO RECOMMENDED THAT THE BOARD APPROVE BASI- CALLY THE SUBSTANCE OF THE AGREEMENT. HE UNDERSTOOD THAT THE SCHOOL BOARD HAS NOT MET TO APPROVE THIS YET EITHER, BUT WE COULD APPROVE IT IN SUBSTANCE AND THEN COME BACK WITH THE HARD FIGURES. IT WAS NOTED THAT THE RESOLUTION DOES NOT SET OUT ANY SPECIFIC FIGURES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-67 WHICH SETS OUT THAT THE SCHOOL BOARD WILL PAY 75% OF ALL COSTS ASSOCIATED WITH THE CONSTRUCTION OF THE NECESSARY DRAINAGE AND TRANSPORTATION ROAD SYSTEM TO THEIR SITE. L_ 35 P Boa 44 PAu 3� RESOLUTION NO. 80-67 WHEREAS, Indian River County owns certain property near Oslo Road upon which the Indian River County School Board desires to construct a public school; and WHEREAS, the Indian River County School Board has agreed to pay seventy-five percent (75%) of all costs associated with construction of necessary drainage and transportation road system to the site according to a plan to be prepared by Indian River County; and WHEREAS, The School Board's contribution shall be considered a land acquisition cost by the two governmental entities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That, conditioned upon the School Board and the County agreeing on a transportation road system and drainage plan prepared by Indian River County, Indian River County agrees to convey property described as: Tract 7, Unit 2, OSLO PARK SUBDIVISION, Section 26, Township 33 South, Range 39 East, according to Plat thereof recorded in Plat Book 4, page 13, of the Public Records of Indian River County, Florida; containing 14.92 acres more or less. to the Indian River County School Board, with the School Board paying to the County seventy-five percent (75%) of all transportation road system and drainage costs. Said Resolution shall become effective on the 9th day of July 1980. Attest: 1,11-9 AI'L _�4L� Freda Wright, CUkrk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA /J By M Willard W. Siebert, Jr., -Chairman 171 CHAIRMAN SIEBERT CONTINUED THAT TWO OTHER MATTERS WERE DISCUSSED WITH THE SCHOOL BOARD, ONE BEING THAT A DECISION HAS TO BE MADE SOMETIME CONCERNING WATER AT THAT SITE. HE NOTED THAT IT WOULD BE PREFERABLE FOR THEM TO CONNECT TO THE COUNTY SYSTEM, BUT POSSIBLY WE COULD GO IN JOINTLY AND DEVELOP A WATER SYSTEM WITH BOTH ENTITIES. COMMISSIONER WODTKE ASKED IF THEY HAVE INVESTIGATED THE POSSIBILITY OF A LOAN. CHAIRMAN SIEBERT STATED THAT ENGINEER JOHN ROBBINS FEELS WE COULD CONNECT THEM AT NO ADDITIONAL COST TO THE COUNTY, AND ATTORNEY COLLINS HAD ASSURED HIM THERE IS NO PROBLEM BECAUSE THEY ARE OUTSIDE THE TAXING DISTRICT. THE CHAIRMAN FELT WE COULD SERVICE THEM RATHER QUICKLY JUST BY CHANGING PRIORITIES IN TRANSMISSION LINES, AND IT GIVES THE POSSIBILITY OF CONNECTING SOME PRIVATE SYSTEMS ON THAT LINE. HE STATED THAT WE HAVE A REQUEST THAT THE REUTER PROPERTY BE ALLOWED TO CONNECT ALSO. COMMISSIONER LYONS CAUTIONED THAT WE MUST WATCH THIS OR WE WILL BE BEDEVILED TO DEATH WITH SUCH REQUESTS. HE FELT IF WE CONNECT THE SCHOOL, WE SHOULD MAKE IT CLEAR THAT WE WILL CONNECT NO ONE ELSE UNTIL WE GO INTO THE WATER BUSINESS IN THAT AREA. CHAIRMAN SIEBERT AGREED,WITH THE EXCEPTION OF GOVERNMENTAL ENTITIES OR EXISTING PRIVATE SYSTEMS. COMMISSIONER WODTKE NOTED THAT IT IS THE SAME SITUATION AS THE CLEMANS AVENUE SCHOOL WHERE IN ORDER FOR THEM TO TAP INTO THE SYSTEM, THE SCHOOL RAN THE NECESSARY LINE TO GET TO THAT POINT. HE FELT THAT THE COST OF RUNNING A LINE TO OSLO WOULD BE MUCH LESS THAN DEVELOPING A WATER SYSTEM ON SITE AND MIGHT GIVE THE SCHOOL BOARD SOME EXTRA FUNDS FOR ROADS. CHAIRMAN SIEBERT POINTED OUT THAT THE SCHOOL BOARD STILL BELIEVES THEY ARE NOT IN THE ROAD BUSINESS AND THAT TRANSPORTATION IS OUR RESPONSIBILITY. HE DID FEEL THAT IT IS BETTER TO HAVE THE SCHOOL ON A PUBLIC WATER SYSTEM RATHER THAN A PRIVATE SYSTEM, AND NOTED THAT IT WOULD ALSO PROVIDE US WITH A GOOD SOLID CUSTOMER. 37 wx 44� .' r JUL 9 1980 BOOK 44 RAGF 38 CHAIRMAN SIEBERT INFORMED THE BOARD THAT THE THIRD ITEM DISCUSSED WITH THE SCHOOL BOARD IS THE PROPOSED SOCCER COMPLEX IN THE VERO BEACH ELEMENTARY SCHOOL AREA, AS PER THE FOLLOWING DRAFT: DRAFT PROPOSED SOCCER COMPLEX LOCATED AT 12TH STREET AND 20TH AVENUE AGREEMENT OF INTENT INDIAN RIVER COUNTY SCHOOL BOARD- INDIAN RIVER. COUNTY COMMISSION 'VERO BEACH CITY COUNCIL The proposed capital expenditures would be $150,00�D_00. One-third of these costs would be borne by each of the County School Board, the County Commission, and the City Council. This construction figure could be divided over the next two (2) fiscal years. Capital Expenditure could include material, equipm-nt, and labor. The proposal would be for three joint soccer and football fields with two (2) of them lighted. CONSTRUCTION ESTIMATE FOR PROPOSED SOCCER COMPLEX EQUIPMENT: I. Lighting - two fields 2. Soccer goals - two fields 3. Goals - two fields (nets) 4. Bleachers - four sets (seats 180) 5. Player benches - two fields FILL REQUIREMENT (18") (three fields) 16,000 cu. yd. with compaction grading, spreading CATCH BASINS (4) PIPING, HEADWALLS (2) SURVEY AND TOPOGRAPICA.L WORN (Beindorf engineer) ENGINEERING COST FOR SITE WORK SPRINTMER SYSTEM SEEDING/SOD - Sprigging #419 grass TREE REMOVAL (without landfill charges) CONTINGENCY ME/308A/G1 38 _ $32,000.00 1,000.00 200.00 4,000.00 400.00 44,800.00 4,000.00 4,000.00 11,000.00 600.00 4,000.00 6,000.00 3,000.00 8,000.00 27.000.00 $150,000.00 CHAIRMAN SIEBERT REPORTED THAT THE SCHOOL BOARD IS PRO- POSING THAT THEY RECEIVE NO LAND CREDIT WHATSOEVER AND THAT THE RECREATION COMPLEX BE SPLIT THREE WAYS, HE NOTED THAT ONE THING THEY DON'T HAVE INCLUDED IS LANDFILL COSTS, AND THESE WILL HAVE TO BE INCLUDED IN THE FINAL DRAFT. THEY NOW ARE JUST LOOKING FOR AN IN- DICATION AS TO WHETHER THEIR PROPOSAL WOULD BE ACCEPTABLE TO THE BOARD, CHAIRMAN SIEBERT COMMENTED THAT HE HAD TOLD THEM HE DID NOT KNOW IF WE COULD GIVE THEM A FINAL ANSWER UNTIL WE GET INTO BUDGETS, COMMISSIONER WODTKE ASKED ABOUT MAINTENANCE AND UPKEEP, AND THE CHAIRMAN STATED THAT THE SCHOOL BOARD FELT THAT WAS PRIMARILY A RESPONSIBILITY OF THE CITY OF AERO BEACH, BUT HE DID NOT KNOW IF THE CITY WILL FEEL THAT WAY. COMMISSIONER Loy STATED THAT SHE LIKED THE OVERALL CONCEPT. AND NOTED THAT THERE ARE SEVERAL PLACES WHERE WE CAN DO WORK IN LIEU OF CASH, SHE ASSUMED THAT THE FIELDS WILL BE AVAILABLE TO THE CITY OF VERO BEACH AND THE RECREATION PROGRAM AND THAT THERE ARE NO STRINGS ABOUT THE COUNTY USING IT. CHAIRMAN SIEBERT STATED THAT IT WAS EMPHASIZED THAT A SINGLE FEE SHOULD BE ESTABLISHED FOR ALL PROGRAMS FOR COUNTY AND CITY RESIDENTS ALIKE. COMMISSIONER LYONS FELT THAT THE PROJECT IS CERTAINLY WORTH FURTHER CONSIDERATION, AND THE BOARD AGREED. ATTORNEY SOVIERO INFORMED THE BOARD THAT PLANNING DIRECTOR REVER IS NOW HERE, AND HE WOULD LIKE TO BRING UP ONCE AGAIN THE MATTER OF THE REQUESTED CHANGE IN THE ZONING ORDINANCE. APPARENTLY MOTEL "6" DID APPEAR BEFORE THE LOWER BOARDS, BUT THEY HAVE NOT HAD A PUBLIC HEARING AT ANY OTHER LEVEL, HE STATED THAT HIS RECOMMENDA- TION WOULD BE THAT A PUBLIC HEARING BE GRANTED SO THE COMMISSIONERS CAN LEARN WHAT THEIR POINTS ARE AND MAKE A DECISION BASED ON THE INPUT. ATTORNEY SOVIERO BELIEVED THE APPLICANT WOULD HAVE RECOURSE TO THE COURTS IF THEY WERE NOT GRANTED A PUBLIC HEARING. 39 JUL 91980 � zPali E . J U L 91980 BOOK 44 PAGE 40 COMMISSIONER WODTKE ASKED IF WE HAVE ANYTHING IN WRITING FROM ANYONE SPECIFICALLY REQUESTING THIS HEARING. PLANNING DIRECTOR REVER EXPLAINED THAT HE HAD RECEIVED A LETTER FROM ATTORNEY MICHAEL O'HAIRE REPRESENTING MOTEL "6" REQUEST- ING THAT THE MATTER BE PUT ON THE PLANNING COMMISSION AGENDA. THIS WAS DONE, AND THEY WERE HEARD BY THE PLANNING & ZONING COMMISSION, BUT IT WAS FELT THEY DID NOT HAVE TO HAVE A PUBLIC HEARING BEFORE. THAT BODY. THE PLANNING & ZONING COMMISSION AGREED THEY WOULD PASS THIS MATTER ON TO THE BOARD, STATING THAT THEY HAD HEARD IT AND RECOMMENDING THAT IT BE GIVEN A PUBLIC HEARING. MR. REVER BELIEVED IT WAS ATTORNEY BROWN WHO STATED THAT IT DID NOT REQUIRE A HEARING BEFORE THE PLANNING & ZONING COMMISSION AND RECOMMENDED THAT IT GO TO THE -COUNTY COMMISSION. COMMISSIONER LYONS FELT THAT WE SHOULD, AT LEAST, HAVE A RECOMMENDATION FROM THE PLANNING & ZONING COMMISSION. CHAIRMAN SIEBERT STATED THAT HE WILL FOLLOW THE ATTORNEY'S ADVICE, BUT FELT IT IS A WASTE OF EVERYONE'S TIME TO HOLD A PUBLIC HEARING ON SOMETHING THAT WILL NOT BE GRANTED. HE FELT THEY JUST WANT TO EXHAUST THEIR ADMINISTRATIVE REMEDY, DENIAL. ATTORNEY SOVIERO NOTED THAT THEY CAN EXHAUST IT JUST BY COMMISSIONER LYONS FELT THAT IF WE DO HAVE A PUBLIC HEARING, AT LEAST WE HAVE A BASIS FOR TURNING THEM DOWN: OTHERWISE, THE COURT IS LEFT WIDE OPEN TO MAKE A DECISION. ATTORNEY SOVIERO AGAIN RECOMMENDED THAT THE BOARD GRANT A PUBLIC HEARING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AS DISCUSSED. COMMISSIONER WODTKE NOTED THAT HIS PREVIOUS MOTION WAS TO CARRY DISCUSSION IN REGARD TO THIS PUBLIC HEARING OVER TO THE NEXT MEETING, AND IT WAS DECIDED THAT COMMISSIONER LYONS' MOTION APPROVING A PUBLIC HEARING WOULD TAKE PRECEDENCE. L I mo 1 _I COMMISSIONER LYONS REPORTED THAT HE WENT TO TALLAHASSEE LAST WEEK WITH ATTORNEY COLLINS AND MET WITH RALPH ENG AND ONE OTHER MEMBER FROM SVERDRUP & PARCEL, PLUS CHARLES SWALLOWS WHO NOW WORKS FOR AN ENVIRONMENTAL FIRM. THIS WAS PRIMARILY A BRIEFING MEETING ABOUT THE DISCHARGING OF EFFLUENT INTO MOSQUITO IMPOUNDMENTS, AND WE WILL HEAR FROM THE ATTORNEYS ABOUT THE STEPS WE SHOULD TAKE. IT SEEMS THAT THERE ARE A LOT OF LEGAL HURDLES, BUT IT CAN BE WORKED OUT. COMMISSIONER LYONS NEXT REPORTED THAT THE REGIONAL PLANNING COUNCIL HAS A CONTRACT WITH THE STATE ENERGY OFFICE TO CONDUCT STUDIES ABOUT ENERGY IN SPECIFIC PLACES IN THE REGION, AND ONE POSSIBLE PLACE WOULD BE INDIAN RIVER COUNTY IF WE SHOULD INDICATE THAT WE ARE WILL- ING TO BE PART OF THE STUDY. COMMISSIONER LYONS PERSONALLY FELT IT WOULD BE WORTHWHILE TO HAVE SUCH A STUDY AND THOUGHT THAT 90% OF THE WORK COULD BE DONE BY THE PLANNING COUNCIL STAFF. HE NOTED THAT THE PLANNING COUNCIL MEETING IS TOMORROW AND HE WAS CURIOUS TO KNOW IF THE REST OF THE COMMISSIONERS FELT WE SHOULD TAKE THE NEXT STEP AND SAY WE ARE INTERESTED. CHAIRMAN SIEBERT STATED THAT HE WAS INTERESTED AS LONG AS WE DON T PUT ANY FURTHER BURDENS ON THE PLANNING DEPARTMENT BECAUSE THEY HAVE TOO MANY PRIORITIES. COMMISSIONER LYONS STATED THAT THIS STUDY COULD BE DONE WITH LITTLE OR NO COST TO US AND THROUGH THE PLANNING COUNCIL. HE CONTINUED THAT HE WOULD PURSUE THIS, INDICATE WE ARE INTERESTED, AND SEE WHAT HAPPENS. COMMISSIONER LYONS REPORTED THAT THE R.E.A.C. (REGIONAL ENERGY ACTION COMMITTEE) IS NOW GOING TO BE UNDER THE REGIONAL PLANNING COUNCIL - BEFORE IT WAS UNDER THE GOVERNORS OFFICE - AND THEY ARE MAKING NEW APPOINTMENTS. IF THOSE ON THE COMMITTEE WOULD LIKE TO STAY, THEY WILL BE GIVEN CONSIDERATION. COMMISSIONER LYONS NOTED THAT CIVIL DEFENSE DIRECTOR LEE NUZIE WAS ON THIS COMMITTEE BEFORE, AND HE WOULD RECOMMEND THAT MR. NUZIE CONTINUE. HE NOTED THAT MR, NUZIE IS WILLING TO SERVE. 41 JUL 91980 Bow " w 600* 4 4 PAGE 4 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-68 APPOINTING S. LEE NUZIE TO THE REGIONAL ENERGY ACTION COMMITTEE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-69 HONORING STATE REPRESENTATIVE DALE PATCHETT FOR HIS LEGISLATIVE RECORD. THE ABOVE RESOLUTIONS WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. COMMISSIONER LYONS NEXT REPORTED ON THE PROGRESS IN REGARD TO AN AGREEMENT BETWEEN INDIAN RIVER SHORES, VERO BEACH AND THE COUNTY, IN REGARD TO SEWER ALLOCATION, ON WHICH HE HAS BEEN WORKING FOR A CONSIDERABLE TIME. HE STATED THAT ATTORNEY COLLINS HAS PUT TOGETHER A ROUGH DRAFT OF ANOTHER AGREEMENT BETWEEN THESE THREE PARTIES, AND THE MAIN POINTS ARE AS FOLLOWS: (1) WE WILL PROVIDE INDIAN RIVER SHORES AN ALLOCATION OF AROUND 200,000 GPD TO SERVE THE FOLLOWING PROJECTS: THE COUNTY AREA, INCLUDING THE PARK AND FLORIDA INSTITUTE OF TECHNOLOGY, AND PEBBLE BEACH VILLAS, SEA WATCH, VISTA DEL MAR, VERA CRUZ, HARBOR ISLAND, ETC. (2) WE WOULD USE THE 12" WATER LINE OWNED BY INDIAN RIVER SHORES, WHICH WOULD BE CONVERTED TO A SEWER LINE,. AND WOULD PAY APPROXIMATELY 10% OF ITS INITIAL COST, WHICH WAS AROUND $54,000: THE PEOPLE TO BE CONNECTED WOULD PAY THE STANDARD $187.50 CONNECTION CHARGE (THIS IS THE STANDARD FOR VERO BEACH). (3) WE WOULD WORK WITH THE HOSPITAL FOR THE RELEASE OF ANY EXCESS SEWER ALLOCATION HELD BY THE HOSPITAL DISTRICT, AND ANY EXCESS RELEASED WOULD BE ALLOCATED TO THE TOWN FOR USE AS THE TOWN DETERMINES SOUTH OF THE WESTPORT UTILITY AREA. COMMISSIONER LYONS CONTINUED THAT THE HOSPITAL BOARD HAS AGREED TO HAVE AN ENGINEERING STUDY MADE OF THEIR REAL NEEDS FOR THE HOSPITAL, WHICH HE BELIEVED IS CONSIDERABLY LESS THAN 500,000 GPD. THE DIFFERENCE WOULD BE SUBJECT TO RELEASE, BUT THERE MAY BE OTHER CONDITIONS INVOLVED. COMMISSIONER LYONS SPECULATED THAT POSSIBLY WE. COULD TAKE THE WHOLE 500,000 IF WE WOULD AGREE OUR RATES FOR THAT KIND OF CUSTOMER WOULD NOT EXCEED THE VERO BEACH RATES. THERE ARE A _ 42 i _I NUMBER OF POSSIBILITIES. COMMISSIONER LYONS INFORMED THE BOARD THAT THE CITY OF VERO BEACH HAS A COPY OF THIS DRAFT, AND THERE IS EVERY INDICATION THAT, AS A GENERAL THING, THE CITY WILL GO ALONG WITH IT. COMMISSIONER LYONS FELT STRONGLY THAT INDIAN RIVER SHORES ALSO WILL GO ALONG WITH IT, AND IF THIS GENERAL APPROACH APPEARS TO BE SATISFACTORY TO THE COMMISSION, HE WOULD LIKE VERY MUCH FOR THE BOARD TO SO INDICATE BECAUSE IT APPEARS THAT AT LEAST ONE OF THE NEW CONDOMINIUMS HAS REACHED THE POINT OF NO RETURN AS FAR AS ORDERING ITS SEWER PLANT IS CONCERNED, COMMISSIONER LYONS STATED THAT HE DID NOT WANT TO APPROVE ANYTHING ON A SPECIFIC BASIS UNTIL HE IS ABSOLUTELY POSITIVE THAT THE GALLONAGES TAKE CARE OF EVERYTHING THE COUNTY IS INVOLVED WITH. THIS IS BEING CHECKED, BUT IN THE MEAN- TIME, IF THE BOARD FEELS THIS APPROACH IS AGREEABLE, HE WOULD LIKE THE BOARD TO CONFIRM THIS IN WORDS THAT HE COULD TRANSMIT TO THE CITY OF VERO BEACH. COMMISSIONER WODTKE QUESTIONED WHAT F.I.T.`S REQUIREMENTS WOULD BE. HE STATED HE WAS IN AGREEMENT WITH THE GENERAL AGREEMENT PRESENTED AS LONG AS WE CAN SAY THAT WE ARE NOT LEAVING A HIATUS OF UNINCORPORATED LAND UNDER THE PRESENT ZONING FOR WHICH WE WOULD NOT HAVE AN ALLOCATION, COMMISSIONER LYONS AGREED ABSOLUTELY THAT WE MUST BE SURE THAT WE HAVE THE TERRITORIES PROPERLY DEFINED IN THE AGREEMENT, BUT AS OF NOW, WE ARE MERELY APPROVING THE INTENT IN ORDER TO KEEP THIS AGREEMENT MOVING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY INDICATED THAT THEY AGREE IN PRINCIPLE TO THE PROPOSAL AS OUTLINED IN THE FIRST DRAFT DATED JULY 18, 1980, FOR AN AGREEMENT BETWEEN THE COUNTY, THE TOWN OF INDIAN RIVER SHORES, AND THE CITY OF VERO BEACH, IN CONNECTION WITH SEWER ALLOCATION. COMMISSIONER LYONS NEXT REPORTED THAT HE HAD DISCUSSED WITH ENGINEER RALPH ENG AND ATTORNEY COLLINS THE ADVISABILITY OF GOING AHEAD WITH SOME ENGINEERING IN CONNECTION WITH THE VISTA ROYALE SYSTEM TO PROVIDE A CONNECTION TO THE COUNTY SEWER SYSTEM. THIS WOULD IN- VOLVE SOME POSSIBLE CAPITAL EXPENDITURES, AND HE WOULD LIKE THE JUL 91980 43 43 JUL 91980 BOOK 44 PACE 44 BOARD TO AUTHORIZE THE ADMINISTRATOR TO SPEND UP TO $15,000 FROM REVENUE SHARING TO DO ENGINEERING IN REGARD TO PROVIDING A CONNEC- TION TO HOOK VISTA ROYALE TO THE PROPOSED COUNTY SYSTEM AND TO MAKE THE NECESSARY EXPENDITURES IN CONNECTION THEREWITH, ALL OR PART OF THE MONEY TO BE RECOVERED FROM FMHA, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO SPEND UP TO $15,000 FROM REVENUE SHARING IN REGARD TO CONNECTING VISTA ROYALE TO THE PROPOSED COUNTY SYSTEM AS STATED ABOVE. COMMISSIONER WODTKE REPORTED ON THE VARIOUS SEMINARS HE ATTENDED AT THE NATIONAL ASSOCIATION OF COUNTIES'CONVENTION AT LAS VEGAS. ONE WAS IN REGARD TO CONSTRUCTION PROJECTS AND THE LEGAL PROBLEMS ASSOCIATED WITH THEM. ANOTHER RELATED TO RURAL DE- VELOPMENT. HE NOTED THAT WASHINGTON HAS DEVELOPED A RURAL DEVELOP- MENT POLICY WHICH THEY HAVE NEVER HAD BEFORE. HE ALSO OBTAINED INFORMATION ABOUT DISAPPEARING FARMLANDS AND HAS A COPY OF AN ORDINANCE ADOPTED IN CERTAIN COUNTIES SETTING OUT THEIR CONCERN ABOUT THE FARMLANDS. COMMISSIONER WODTKE CONTINUED THAT HE ATTENDED A MEETING ON THE COST OF MANDATES, AND GUILFORD COUNTY IN NORTH CAROLINA HAS DONE A STUDY SETTING OUT JUST WHAT VARIOUS MANDATED PROGRAMS COST THEM. OTHER MEETINGS HE ATTENDED WERE IN REGARD TO COUNTY ACTION ON ENERGY CONSERVATION AND HOLDING DOWN COMMUNICATION COSTS. HE NOTED THEY DISCUSSED USING VIDEO TAPE AND CLOSED CIRCUIT TV FOR THE EDUCATION OF POLICEMEN, FIREMEN, ETC. COMMISSIONER LOY AGREED THAT THE SEMINARS WERE EXCELLENT AND NOTED THE THEME OF THE CONVENTION WAS THAT THE NATIONAL ASSOCIA- TION OF COUNTIES WAS A "SLEEPING GIANT." COMMISSIONER LOY FELT THE MOST INTERESTING SEMINAR WAS PUT ON BY PEOPLE FROM LEE COUNTY IN FLORIDA AND WAS ENTITLED "STREAMLINING COUNTY MANAGEMENT IN THE 80'S." ANOTHER INTERESTING SEMINAR WAS IN REGARD.TO THE "CHANGING WORK WEEK" AND "JOB SHARING." SHE INFORMED THE BOARD THAT WISCONSIN HAS DONE A STATEWIDE PILOT PROGRAM ON THE "ALTERNATIVES OF THE 9 TO 5 ROUTINE." STILL ANOTHER INTERESTING PROGRAM RELATED TO "CRIMINAL JUSTICE AND THE MENTALLY HANDICAPPED." COMMISSIONER LOY COMMENTED THAT IT SEEMS 44 ALL COUNTIES HAVE SIMILAR PROBLEMS, AND ONE OF THE SUGGESTIONS MADE WAS TO 'CHECK ON WHAT IS REALLY MANDATED AND WHAT IS ONLY SUGGESTED,' COMMISSIONER LOY AND COMMISSIONER WODTKE EMPHASIZED THAT THEY FELT THE CONVENTION WAS REALLY WORTHWHILE AND ENCOURAGED COMMISSIONERS TO MAKE AN ATTEMPT TO ATTEND THE ANNUAL CONVENTION IN THE FUTURE, CHAIRMAN SIEBERT AGREED THAT IT SEEMED THE EXPENSE WAS WELL WORTH IT. COMMISSIONER LYONS REFERRED TO MANDATES AND WONDERED IF POSSIBLY THE COUNTIES" ORGANIZATION COULD GET THE REQUIREMENTS FOR STATE LEGISLATORS CHANGED; FOR EXAMPLE, A PETITION REQUIRING THAT ANYONE RUNNING FOR STATE SENATOR SHOULD HAVE COMPLETED AT LEAST ONE TERM AS A COMMISSIONER OR A CITY COUNCILMAN. INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT SOME STATES HAVE PASSED LAWS WHERE THEY REQUIRE THAT A BILL CANNOT BE SUBMITTED FOR APPROVAL IN THE LEGISLATURE UNLESS THERE IS AN ACCOMPANYING DETAILED EXPLANATION OF WHERE THE FUNDS WILL COME FROM, CHAIRMAN SIEBERT STATED THAT HE WOULD RATHER SEE AN AMEND- MENT STATING THAT ANY MANDATED PROGRAM WOULD HAVE TO BE FUNDED. CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE AND COMMIS- SIONER WODTKE ATTENDED THE AD HOC COMMITTEE MEETING ON THE SOUTH COUNTY FIRE DISTRICT AND WERE HAPPY TO REPORT THAT IT WENT VERY WELL AND EVERYONE SEEMED TO BE IN COMPLETE AGREEMENT. HE STATED THAT THEY ESTABLISHED A CAP OF 3 MILLS, THE CHAIRMAN CONTINUED THAT WE HAVE GOT TO RESOLVE THE REQUEST OF INDIAN RIVER SHORES ABOUT THE NORTH BEACH AREA. HE NOTED THAT IT WAS AGREED PERMANENT STATIONS AT OSLO AND THE MOORINGS WERE APPROPRIATE, AND IN THE NORTH COUNTY, IT WAS URGED THAT A RELOCATABLE STATION BE GIVEN SERIOUS CONSIDERATION. THEY ALSO WENT OVER THE G & A COSTS AND FIRE HYDRANT EXPENSE, AND THE CHAIRMAN STATED THAT THEY ARE HEADED FOR THE SEPTEMBER 12TH BALLOT. COMMISSIONER Loy COMMENTED THAT WE NEED TO INFORM THE SUPERVISOR OF ELECTIONS, AND ATTORNEY SOVIERO STATED THAT PUBLICA- TION OF THE ORDINANCE WILL BE ,JULY 30TH. JUL 9190 45 Bou 44 PAGE 45 sc�o� 44 PACE 46 RESOLUTION 80-51 HONORING E. J. NOTLEY FOR HIS SERVICE ON THE BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITIES COUNCIL IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF JUNE 4, 1980. 46 RESOLUTION NO. 80-51 WIIEREAS, E. J. MOTLEY was appointed to serve on the Board of Directors of the Economic Opportunities Council of Indian River County, Inc. on the 24th day of January, 1979; and WHEREAS, E. J. NOTLEY served the citizens of Indian River County, Florida with great distinction and diligence from the time of his appointment to the Board of Directors of the Economic Opportunities Council of Indian River County, Inc. to the date of his resignation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on behalf of itself and the citizens of Indian River County, Florida, expresses its heartfelt thanks to E. J. NOTLEY for a job well done; and BE IT FURTHER RESOLVED that the Board wishes E. J. NOTLEY continued success in his future endeavors. Said Resolution shall become effective as of the 4th day of June , 1980. K7 0 //�z 1-t'141 Chairmah, County Commiss?on&s V Bou 44 QAcE 48 COPY OF AGREEMENT BETWEEN THE COUNTY AND O'HAIRE, PETERKIN & MORAN, CHARTERED, AND DELOITTE, HASKINS & SELLS FOR AN AUDIT OF COUNTY RECORDS FOR FISCAL YEARS ENDED SEPTEMBER 1970-1980 AND 1981, APPROVED AT THE REGULAR MEETING OF APRIL 23, 1980, HAS BEEN RECEIVED AND IS ON FILE IN THE OFFICE OF THE CLERK. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTELEMENT OF SAME AS FOLLOWS: TREASURY FUND N0. 66347 — 66532 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 4:45 O'CLOCK P.M. ATTEST: 01441 CLERK