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HomeMy WebLinkAbout10/22/1980 (4)WEDNESDAY, OCTOBER 22, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVI- SION STREET LIGHTING DISTRICT, MET AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 22, 1.980, AT 8:52 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE Loy; WILLIAM C. WODTKE, .JR.; AND PATRICK B. LYONS. ABSENT WAS VICE CHAIRMAN R. DON DEESON DUE TO A DEATH IN HIS FAMILY. ALSO PRESENT WERE GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. CHAIRMAN SIEBERT CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER %, 1980. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT, UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER %, 1980, AS WRITTEN, SUBJECT TO REVIEW OF THE FIGURES BY THE FINANCE OFFICER. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT, ADJOURNED AT 8:53 O'CLOCK A.M. ATTEST: CLERK CHAIRMAN THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECONVENED AT 8:54 O'CLOCK A.M., WITH THE SAME MEMBERS PRESENT, AND CHAIRMAN SIEBERT ANNOUNCED THAT THE BOARD NOW WOULD ACT AS THE BOARD OF SUPERVISORS OF THE LAURELWOOD STREET LIGHTING DISTRICT. OCT 2 21980 5 $mx 45 PAGE _05 r OCT 2 21980 800 45 PAGE' THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC- TIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 7, 1980, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE BOARD OF SUPERVISORS OF THE LAURELWOOD STREET LIGHTING DISTRICT, UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 7, 1980, AS WRITTEN, SUBJECT TO REVIEW OF THE FIGURES BY THE FINANCE OFFICER, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF TAX SALE CERTIFI- CATE N0. 255 FOR GRAVES BROS. COMPANY. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, SPRING TERM, 1980, IN THE AMOUNT OF $231..56 AND COUNTY COURT, SEPT. -OCT. TERM, 1980, IN THE AMOUNTS OF $66.90 AND $2.24.52. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: TRAFF C VIOLATION BUREAU - SPECIAL TRUST FUND, SEPTEMBER, 1.980,- $2 ,002.56 RECEIPT FOR DEPOSIT OF COUNTY FUNDS, SHERIFF .JOYCE #1326- $279.50 TRAFFIC VIOLATION FINES BY NAME - SEPTEMBER, 1980 TRAFFIC VIOLATION FINES BY NAME - 408 PAGE YEARLY REPORT EXPENDITURE REPORTS AND REFUNDS OF UNUSED BUDGETS FOR THE FISCAL YEAR 1979-80 RECEIVED FROM THE FOLLOWING CONSTITUTIONAL OFFICERS: CLERK OF CIRCUIT COURT $30,797.08 TAX COLLECTOR 25,422.13 PROPERTY APPRAISER 9,704.25 SHERIFF 228.88 COMMISSIONER WODTKE QUESTIONED HOW TO READ THE REPORT RELATING TO THE TAX COLLECTOR. FINANCE OFFICER BARTON EXPLAINED THAT THE TAX COLLECTOR ACTUALLY HAD A TOTAL DIFFERENTIAL OF $28,225.17, BUT HE DID NOT SUPPLY THE PRO RATA FORMULA AS THE PROPERTY APPRAISER DID. COMMISSIONER LOY NOTED THAT THE TAX COLLECTOR DOES NOT RE— QUEST OR USE THE ENTIRE AMOUNT OF MONEY HE WOULD BE ENTITLED TO BY THE FORMULA EACH YEAR, AND FINANCE OFFICER BARTON AGREED, NOTING THAT $28,255.17 WAS THE TOTAL EXCESS OF MONIES REQUESTED FROM ALL AGENCIES AND WE RECEIVE $25,422.13 AS OUR SHARE OF THE TOTAL EXCESS. SPOUSE ABUSE GRANT COMMISSIONER LOY NOTED THAT THIS PROGRAM HAS HAD A PROBLEM BECAUSE THE STATES CONTRIBUTION IS RUNNING LATE, AND THEY ARE ABOUT OUT OF MONEY. WE PREVIOUSLY AUTHORIZED THEM TO USE THE COUNTY'S PORTION OF THE MATCHING FUNDS, AND THEY HAVE DONE THIS. COMMISSIONER LOY CONTINUED THAT SHE HAD TALKED WITH OFFICIALS IN TALLAHASSEE AND WAS ASSURED THAT THEY WOULD PUT A LETTER IN THE MAIL CONFIRMING THAT THE GRANT WOULD BE APPROVED AND THAT WE COULD GO AHEAD AND EXTEND THE SPOUSE ABUSE PROGRAM FUNDS ACCORDING TO THEIR BUDGET. THIS PROGRAM HAS SOME INSURANCE BILLS, ETC., AND IT IS IMPERATIVE THEY HAVE SOME FUNDS. COMMISSIONER LOY, THEREFORE, WISHED THE BOARD TO AUTHORIZE THE FINANCE OFFICER UPON RECEIPT OF CERTIFICATION FROM THE STATE TO GO AHEAD AND EXPEND THE FUNDS THAT WOULD HAVE BEEN GIVEN TO THE SPOUSE ABUSE PROGRAM FOR OCTOBER AND INTO NOVEMBER, APPROXIMATELY $1,000.00. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO EXPEND FUNDS FOR THE SPOUSE ABUSE PROGRAM AS ABOVE UPON RECEIPT OF LETTER CERTIFYING THAT THE GRANT WILL BE APPROVED. 'usu._ i '_� ►�� �_� COMMISSIONER LOY COMMENTED THAT THE BOARD VOTED TO ACCEPT THE RIOMAR COUNTRY CLUB RECREATION COVENANT SUBJECT TO ADDITIONAL - COVENANTS ABOUT PUBLIC USE, AND ATTORNEY GOULD IS PRESENT TO REPORT ON THE RESULTS OF FURTHER DISCUSSION IN THIS REGARD. JOHN GOULD, ATTORNEY FOR RIOMAR COUNTRY CLUB, CAME BEFORE THE BOARD AND REPORTED THAT A MEETING OF THE BOARD OF DIRECTORS OF RIOMAR COUNTRY CLUB HAD BEEN HELD, AND THE RESULT WAS THAT HE IS HERE TO ASK THE BOARD TO RESCIND THE ACTION TAKEN ON AUGUST 27TH AND LET THE SITUATION REVERT TO THE STATUS QUO. OCT 2 21980 7 FOOK ,45 �� .. W OCT 2 2.1980 mex 45, mrE 08 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER L.OY, THE BOARD UNANIMOUSLY RESCINDED THE ACTION TAKEN ON AUGUST 27, 1.990, WHICH GRANTED A RECREATION COVENANT TO RIOMAR COUNTRY CLUB AND AGREED THAT THE SITUATION WOULD REVERT TO THE STATUS QUO. ATTORNEY GOULD ASSURED THE BOARD THAT THE RIOMAR COUNTRY CLUB HAD APPROACHED THIS .MATTER IN GOOD FAITH; HOWEVER, IN LOOKING DOWN THE ROAD FOR TEN YEARS OR SO, THE CLUB DOES NOT FEEL IT CAN OPEN ITSELF TO THE PUBLIC ON THE BASIS NOW BEING REQUIRED. HE INFORMED THE BOARD THAT THE CLUB IS NOT CLOSED TO THE PUBLIC AS HAS BEEN INDI- CATED IN THE NEWSPAPERS; IT IS OPEN TO THE PUBLIC, THOUGH NOT ON A COMPLETE BASIS. COMMISSIONER L.OY BELIEVED THE MAIN OBJECTIVE OF THE PARTICULAR STATUTE IN QUESTION WAS TO PROTECT VALUABLE OPEN SPACE FOR THE GOOD OF ALL PEOPLE AND TO ENCUMBER THESE SPACES TO ASSURE THEIR AVAILABILITY FOR THAT EXPRESS PURPOSE. SHE NOTED THAT IT WOULD BE DIFFICULT FOR ANY PRIVATE CLUB TO EXTEND ITS FACILITIES IN THE MANNER NOW REQUIRED AND CONTINUE TO OPERATE IN A PROFITABLE MANNER. ATTORNEY GOULD NOTED THAT THE AMENDMENT FOR PUBLIC USE WAS JUST ADDED IN 1978, AND HE FELT IT TOOK AWAY THE HEART OF THE LAW WHICH WAS AIMED AT PRESERVING THE GREEN SPACE. COMMISSIONER LYONS COMMENTED THAT IF THE BOARD EVER VOTED AGAIN ON THIS MATTER, HE WOULD VOTE TO PASS IT ON TO THE CITY OF VERO BEACH, AND HE WAS GLAD IT HAS TURNED OUT THIS WAY. PROCLAMATION R "ALCOHOLISM AWARENESS MONTH" CHAIRMAN SIEBERT STATED THAT ALTHOUGH IT IS NOT REQUIRED, HE WOULD LIKE THE BOARD TO VOTE ON THIS PROCLAMATION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED A PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER "ALCOHOLISM AWARENESS MONTH FOR INDIAN RIVER COUNTY, FLORIDA." CHAIRMAN SIEBERT THEN READ THE PROCLAMATION ALOUD,AND ROBERT VERDI, CHAIRMAN OF THE INDIAN RIVER COUNTY MENTAL HEALTH ADVISORY BOARD ACCEPTED THE PROCLAMATION AND THANKED THE BOARD. P R O C L A M A T I O N WHEREAS, alcoholism is an insidious disease which affects all segments of our society; and WHEREAS, society should gain a better under- standing and awareness of alcoholism, the problems associated with the disease, and the treatment available therefor; and WHEREAS, the Board of County Commissioners of Indian River County, Florida wish to express their concern regarding this national health problem, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the month of November shall be designated as "ALCOHOLISM AWARENESS MONTH FOR INDIAN RIVER COUNTY, FLORIDA" ATTEST: Freda Wright, Clerk �.� ,00WYCLt0 Adopted: October 22, 1980 OCT 2 2 1980 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wi ar . , J.e ert, Chairman BOOK 45` FACE '09. . OCT 2 21980 60®K 45 PAGE 10 LETTER OF INTENT RE BOND ANTICIPATION NOTES FOR SOUTH COUNTY WATER SYSTEM IMPROVEMENTS ATTORNEY COLLINS REPORTED THAT HE HAS DISCUSSED THE LETTER OF INTENT FROM SMITH BARNEY, HARRIS UPHAM & CO. WITH OUR BOND COUNSEL, WHOSE OPINION IT IS THAT THE BOND ANTICIPATION NOTES DO NOT REQUIRE THE SERVICES OF A TRUSTEE; SMITH BARNEY IS PUSHING FOR A TRUSTEE. ATTORNEY COLLINS FELT WE SHOULD RELY ON THE BOND COUNSEL FOR THE COUNTY, AND HE RECOMMENDED THAT THE BOARD APPROVE THE CONCEPT OF THE LETTER OF INTENT SUBJECT TO AMENDMENT, INTERGOVERNMENTAL COORDINATOR THOMAS CONCURRED AND FURTHER NOTED THAT SUCH A TRUSTEE WOULD JUST BE AN ADDED EXPENSE TO THE COUNTY. ATTORNEY COLLINS CONTINUED THAT THE FIRST PARAGRAPH UNDER ITEM 4 OF THE LETTER OF INTENT STATES THAT ANY FORMAL OFFER TO PUR- CHASE BANS WILL BE ACCEPTED OR REJECTED BY THE COUNTY ON THE SAME DAY THE OFFER IS SUBMITTED WHILE THE FOLLOWING PARAGRAPH STATES THAT THE COUNTY IS UNDER NO OBLIGATION TO ACCEPT ANY PROPOSAL TO PURCHASE THE BANS, AND IF NO AGREEMENT IS REACHED AFTER TEN DAYS, THE UNDERWRITER MAY TERMINATE THIS AGREEMENT. HE FELT THIS IS INCONSISTENT AND SUG- GESTED THAT THERE SHOULD BE SOME WORDING CHANGE TO RECTIFY THIS. THE ATTORNEY THEN NOTED THAT ITEM 5 STATES THAT ALL COSTS OF ISSUANCE, INCLUDING ATTORNEY `S FEES, UNDERWRITER'S OUT-OF-POCKET EXPENSES, ETC., ARE TO BE PAID BY THE COUNTY OUT OF BAN PROCEEDS. HE STATED THAT HE ALWAYS HAD BEEN UNDER THE IMPRESSION THAT THE ATTORNEY FOR THE UNDER- WRITER AND CERTAIN COSTS OF THE UNDERWRITER CAME OUT OF THE UNDER- WRITER'S FEES, AND HE WOULD LIKE TO VERIFY THAT POINT TO SEE WHETHER THIS IS CUSTOMARY OR REASONABLE. ATTORNEY COLLINS NOTED THAT THIS SITUATION IS A LITTLE DIFFERENT THAN WE HAVE SEEN IN THE PAST; HOUGH & CO. DID NOT HIRE AN ATTORNEY TO REPRESENT THEM, AND SMITH BARNEY IS REPRESENTED. HE CONTINUED THAT THE TIMETABLE IS TO TRY TO MOVE AHEAD TO CONSUMMATE SOMETHING BY THE FIRST WEEK IN NOVEMBER, AND IF THE BOARD WOULD APPROVE A LETTER OF INTENT SATISFACTORY TO THE CHAIRMAN, FINANCE OFFICER AND 10 THE ATTORNEY, GENERALLY CONSISTENT WITH THE LETTER OF INTENT SUB- MITTED BY SMITH BARNEY, HARRIS UPHAM, AND GIVE THE CHAIRMAN AUTHORITY TO SIGN WHEN THE DETAILS ARE WORKED OUT, HE FELT IT WOULD EXPEDITE THE SITUATION. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT SMITH BARNEY HAS HANDLED SOME OF THE BIGGEST BAN FINANCING IN THE COUNTRY, INCLUDING THE NEW AQUEDUCT SYSTEM FOR THE KEYS. HE NOTED THAT THIS TYPE OF FINANCING IS BECOMING SO COMMON NOW THAT IT IS REFERRED TO AS MUNICIPAL COMMERCIAL PAPER, AND THE REASON MUNICI- PALITIES HAVE BEEN ABLE TO GET INTO THIS FIELD IS BECAUSE OF THEIR TAX ADVANTAGE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A LETTER OF INTENT CONSISTENT WITH THE LETTER OF INTENT SUBMITTED BY SMITH BARNEY, HARRIS UPHAM JUST REVIEWED, SUBJECT TO THE POINTS OF CONCERN EXPRESSED BY THE ATTORNEY BEING SATISFIED, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN SUBJECT TO THE APPROVAL OF THE ATTORNEY, THE FINANCE OFFICER AND THE CHAIRMAN. SAID LETTER OF INTENT WILL BE MADE A PART OF THE MINUTES WHEN COMPLETED AND EXECUTED. DISCUSSION RE WINTER BEACH CEMETERY INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT HE WOULD RECOMMEND WE PROCEED ALONG THE LINES SUGGESTED IN THE FOLLOWING MEMO FROM ATTORNEY COLLINS: OCT 2 2 1980 11 BOOK 45.' PAGE li -J _I OCT 2 21900 TO: FROM: RE: M E M O R A N D U M Neil Nelson, County Administrator George G. Collins, Jr. Winter Beach Cemetery DATE: September 29, 1980 Dear Neil: wK 45 Put 12 Regarding the county property which was dedicated for cemetery purposes off Winter Beach Road, it would seem to me the way to approach the 17 or so acres would be to hire one of the surveying companies in town to prepare a plat of the property for cemetery purposes. I suggest you obtain authority from the county commission to plat • the property and then, with the help of the Winter Beach Cemetery Association, come up with a*general plan and go ahead and have the property surveyed, the corners marked and let's get a plat of record. Since ly, George Collins, Jr. INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT THIS WOULD BE THE FIRST ACTION OF THIS TYPE TAKEN BY THIS BOARD WHICH, IN EFFECT, WOULD PUT THE COUNTY IN THE CEMETERY BUSINESS. HE NOTED THAT WE DO HAVE OTHER CEMETERIES IN THE COUNTY, INCLUDING THE OSLO CEMETERY, WHICH WE DO MAINTAIN BUT NO RECORDS ARE KEPT, HE BELIEVED THERE HAVE BEEN BURIALS THERE OF WHICH THERE ARE NO RECORDS. COMMISSIONER LYONS FELT WE WILL HAVE TO TRY TO FORMALIZE THIS BUSINESS, AND THE CHAIRMAN NOTED THAT THE FIRST STEP WOULD BE TO ACCEPT THE ATTORNEY'S ADVICE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE ATTORNEY REGARDING WINTER BEACH CEMETERY AS SET OUT IN HIS MEMO OF SEPTEMBER 29, 1980. COMMISSIONER LYONS COMMENTED THAT WE HAVE THIS CEMETERY, THE ONE IN OSLO, AND SOME KIND OF SITUATION WITH THE CEMETERY IN GIFFORD, AND HE WONDERED IF WE SHOULDN'T COME BACK WITH A RECOMMENDA- TION AS TO HOW WE CAN FORMALIZE THIS BUSINESS OF BURIALS ON THESE PLOTS IN ORDER TO GET SOME KIND OF RECORDS. HE BELIEVED WE SHOULD LOOK AT THE WHOLE CEMETERY SITUATION AND HOW WE ARE GOING TO CONTROL IT AND STATED THAT HE WOULD LIKE TO ASK THE ADMINISTRATOR TO ADDRESS THE WHOLE SITUATION. THE BOARD AGREED. CHAIRMAN SIEBERT REQUESTED THE ADMINISTRATOR TO PURSUE THIS MATTER AND BRING BACK A REPORT. QUESTION AROSE AS TO WHETHER THE 25 YEAR EXTENSION PERIOD WAS AN ADDITIONAL 25 YEARS OR 25 YEARS FROM THE ORIGINAL DATE OF THE LEASE, AND COORDINATOR THOMAS FELT IT WAS FROM THE DATE OF THE EXPIRATION OF THE ORIGINAL AGREEMENT, MAY 8, 1979. THE CHAIRMAN REQUESTED THAT MR. THOMAS GIVE A HISTORY OF THE ACQUISITION OF THE SPOIL ISLANDS, MR. THOMAS NOTED THAT THIS SITUATION GOES BACK 15 YEARS AT LEAST WHEN THERE WERE A FEW SQUATTERS ON THE ISLANDS IN INDIAN RIVER COUNTY AND A GOOD MANY IN ST. LUCIE COUNTY, AND THERE WERE A LOT OF PROBLEMS. A GROUP OF PEOPLE, INCLUDING COMMISSIONER Loy, BECAME INTER- ESTED IN ACQUIRING THESE ISLANDS SO THEY COULD BE PRESERVED FOR ALL THE PEOPLE IN THE COUNTY, AND THEY WORKED INDEPENDENTLY TO ACHIEVE THIS. THE COUNTY THEN AUTHORIZED THE FORMATION OF A MARINE ISLAND ADVISORY COMMISSION. THIS COMMISSION NEGOTIATED WITH F.I.M.D. FOR THE FOUR ISLANDS THEY OWNED; THE BALANCE WERE OWNED BY THE STATE. A FIVE YEAR LEASE WAS OBTAINED, AND IN ADDITION, F.I.N.D. INDICATED THEIR SUPPORT BY SUBSCRIBING $1,500 OF THEIR OWN MONEY FOR STUDIES RELATING TO THE SPOIL ISLANDS, THIS LEASE EXPIRED LAST YEAR, AND DURING THE INTERIM PERIOD, THE MARINE COMMISSION, THE PLANNING DEPART- MENT, THE BOARD OF COUNTY COMMISSIONERS,AND THE DER CAME UP WITH A TOTAL OF $20,000 TO CONDUCT AN IN-DEPTH STUDY. WITH THOSE FUNDS, THE COUNTY EMPLOYED HARBOR BRANCH FOUNDATION, TO WORK ALONG WITH OUR PLANNING DEPARTMENT, TO DO THIS IN-DEPTH STUDY, WHICH WAS FILED WITH THE DER AS A PILOT PROJECT FOR THE WHOLE STATE ON THE 1ST OF OCTOBER. CHAIRMAN SIEBERT WISHED IT NOTED THAT FORMER COMMISSIONER MASSEY ALSO WORKED VERY HARD ON THIS PROJECT ALONG WITH COMMISSIONER LOY AND COMMISSIONER WODTKE, WHO IS CHAIRMAN OF THE MARINE COMMISSION, AND NOW THESE SPOIL ISLANDS ARE UNDER THE JURISDICTION OF THE COUNTY FOR 25 YEARS. T 2 2 13 BDOX 4 PACE - 13 OC 1980 BOOK 45 PAGE 14 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE LEASE EXTENSION AGREEMENT WITH F,I.N,D „ AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, AND AGREED TO COMPLY WITH THE INSURANCE PROVISIONS OF THE LEASE AS PER LETTER FROM F,I,N,D, DATED OCTOBER %, 1980. e LEASE EXTENSION AGREEMENT WHEREAS, by Lease Agreement dated the 8th day of May 1974, the Board of Commissioners of the Florida Inland Navigation District, a special taxing district organized and existing under the laws of -the State of Florida, did lease to the Board of County Commissioners of Indian River County, four parcels of land designated as MSA IR -4A, MSA IR -6A, MSA IR -6B and MSA IR=6C, also designated as Islands 24, 27A (a part of the island), 28 and 29 respectively, for recreation, conservation and research purposes, IT IS AGREED, between the parties hereto, subject to the con- ditions stated herein, the aforementioned Lease Agreement is extended for An additional term of twenty-five (25) years from 8 May 1979. It is further agreed the Board of County Commissioners of Indian River County shall pay a sum of one dollar ($1.00) a year, payable in one twenty-five dollar ($25.00) payment upon the execution of this Lease Extension Agreement. In all other respects the terms and conditions of the original Lease Agreement between the parties dated 8 May 1974 shall remain in full force and effect during this extended term of the lease. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 2_(� 1�-'_day of tt�, 19-L02. Signed, sealed and 6livered BOARD OF COMMISSIONERS OF FLORIDA in the presence o INLAND NAVIGATION ISTRICT By:=— - - . P%/'— �✓r� _ (SEAL) OCT 2 21900 (SEAL) Secretary BOARD OF COUNTY COMMISSIONERS OF INDIANIVER C Y By: SEAL) i man u. Attest: — (SEAL) '15 OCT, 2 2 1980 BOOK 45 PAGE TFIORIDAINUND FLORIDA INLAND NAVIGATION DISTRICT NAVIG ATION DISTRICT 7 October 1980 COMMISSIONERS Board of County Commissioners Indian River County ASTOR SUMMERLIN Indian River County Courthouse CHAIRMAN ST. LUCIE COUNTY Vero Beach, Florida 32960 HERBERT J. FISHWICK VICE-CHAIRMAN Attention: Mr. Tommy Thomas DADECOUNTY JAMES TW. REASURER WINTERS TREA Dear Mr. Thomas: PALM BEACH COUNTY CHARLES L.TRAD Reference is made to a Lease Agreement entered into SECRETARY FLAGLER COUNTY on 8 May 1974 between this District and the Board of County Commissioners of Indian River County for the DOUGLAS C. CRANE DUVAL COUNTY lease of four spoil islands for a period of five years, SAM T. WILLIS and our telephone conversations concerning an exten- ST.JOHNS COUNTY sion of the Lease Agreement. TONY WALSH VOLUSIA COUNTY At its regular meeting on 26 September 1980 in Vero W. VINCENT Beach the Board of Commissioners of this District REVARDCOUNTYBARBER BREVARD COUNTY � agreed to extend the Lease Agreement referred to above JOE S. EARMAN, SR. INDIAN RIVER COUNTY for a period of 25 years. EDWARD A. GEARY MARTIN COUNTY Enclosed are four copies of a Lease Extension Agree - GEORGE A.SCHEIGERT ment signed by the Chairman and Secretary of this BROWARD COUNTY District which will extend the 8 May 1974 Lease Agreement for 25 years. Request appropriate officials of Indian River County sign two copies of this Lease STAFF Extension Agreement and return them for our records. STERLING K. EISIMINGER It would be appreciated if the insurance provisions GENERAL MANAGER D. BYRON KING of the Lease Agreement (now reactivated) were com- ATTORNEY plied with at -your earliest convenience. Sincerely, SterrnK. Eisiminger l Gen Manager SKE:ngb encs. NOTE: I recommend adoption of the attached Lease Extension Agreement. Tommy Thomas 2725 AVENUE E.. RIVIERA BEACH, FLORIDA 33404 - TEL. 305-848-1217 COMMISSIONER LOY INFORMED THE BOARD THAT AS OF EARLY THIS MORNING, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IS IN RECEIPT OF A QUIT CLAIM DEED FROM THE UNITED STATES GOVERNMENT TO THE PROPERTY WE HAVE APPLIED FOR ON THE OCEANFRONT, KNOWN TO ALL OF US AS THE TRACKING STATION PROPERTY. THE GENERAL SERVICES ADMINIS- TRATION DID DECLARE THE LAND SURPLUS AND DID APPROVE THE TWO APPLICA- TIONS THAT WERE SUBMITTED FOR THE USE OF THAT LAND, ONE BEING INDIAN RIVER COUNTY UNDER THE HERITAGE CONSERVATION AND RECREATION SERVICE AND THE OTHER FLORIDA INSTITUTE OF TECHNOLOGY FOR USE OF THE LAND FOR EDUCATIONAL PURPOSES, COMMISSIONER LOY NOTED THAT THIS DOCUMENT HAS BEEN FORWARDED TO US BY HERITAGE CONSERVATION AND RECREATION SERVICE, AND IT REQUIRES THAT IT BE ACCEPTED AND RECORDED. COMMISSIONER LOY BELIEVED THIS IS A TREMENDOUS DAY FOR INDIAN RIVER COUNTY WHEN THE EFFORTS OF SO MANY HAVE COME TO FRUITION IN THAT INDIAN RIVER COUNTY WILL HAVE AN OCEANFRONT PARK OPEN FOR THE GENERAL PUBLIC AND WE ALSO HAVE HAD THE OPPORTUNITY TO BRING F.I.T. TO THIS COMMUNITY. COMMIS- SIONER LOY WISHED TO PUBLICLY PAY TRIBUTE TO SENATOR LAWTON CHILES FOR HIS EFFORTS AND DEDICATION TO THIS PROJECT AND FELT THAT WITHOUT HIS HELP THIS PROBABLY WOULD NOT HAVE BEEN POSSIBLE. COMMISSIONER WODTKE ASKED THE ATTORNEY IF LEGALLY IT WOULD BE POSSIBLE TO HAVE THE VICE CHAIRMAN SIGN THE ACCEPTANCE, AND ATTORNEY COLLINS STATED THAT IT COULD BE DONE BY MOTION. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LYONS, TO ACCEPT THE QUIT CLAIM DEED TO THE TRACKING STATION PROPERTY SUBJECT TO THE -ATTORNEY'S APPROVAL AND TO AUTHORIZE THE VICE CHAIRMAN TO SIGN THE ACCEPTANCE OF SAME AND HAVE SAID DEED RECORDED ATTORNEY COLLINS EXPRESSED THE HOPE THAT THE PRESS WOULD RECOGNIZE APPROPRIATELY WHAT COMMISSIONER LOY HAS DONE OVER APPROXI- MATELY TEN YEARS IN OBTAINING THIS BEACHFRONT PIECE OF PROPERTY FOR TiE COUNTY. HE NOTED THAT COMMISSIONER LOY DOGGEDLY KEPT THE MOMENTUM O -E THIS PROJECT GOING FOR ALMOST HER ENTIRE TERM AS A COUNTY COMMIS- SIONER, AND HE COULD NOT STRESS ENOUGH THAT IT IS A DELIGHT TO SEE HER FINALLY ACHIEVE HER GOAL. OCT 2 21980 17 WE 17 � - J Fp - OCT 2 21980 Boax 45 PArF 1 CHAIRMAN SIEBERT CONFIRM THAT THERE WASN'T ONE WEEK IN THE PAST TEN YEARS WHEN COMMISSIONER LOY DID NOT DO SOME WORK ON THIS PROJECT, AND THE FACT THAT SHE STUCK WITH IT SO LONG IS THE ONLY REASON THE COUNTY NOW HAS THE PROPERTY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS•VOTED ON AND CARRIED UNANIMOUSLY. 18 t. OUITCLAIM The UNITED STATES OF AMERTCA, nct i ng by and throt►i;h the Secretary of the Interior, acting by and through the Southeast Regi.onnL Director, Heritage Conservation and Recreation Service, under and pursuant to the power and authority contained in the provisions of the Federal. Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485, 91st Congress;, and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the perpetual use of the hereinafter described promises for publAc part: and public. recr-eatLon area purposes, by Indian River County, Florida (hereinafter designated "Grantee"), does hereby rel -ease and quitclaim to Grantee, and to its successors mid assigns, :subject to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set forth, all Grantor's right, title and interest in and to the following described property, consisting of approximately 4.35 acres plus an easement of 0.25 acre, located in Indian River County, Florida: PARCEL "C" Being a parcel of land lying in the East 10 acres of Government Lot 1 (the same being known as the Government Tracking Station), Section 20, Township 32 South, Range 40 East, Indian River County, Florida. The boundary of said parcel being more particularly described as follows: From the Southwest corner of said Section 20, run North 89°42'15" East along the Section line, 346.80 feet, more or less to a concrete monument marking Cr1 --the Southwest corner of the aforesaid Government Tracking ".\= Station; thence run North 0°13'15" East along the West line of said Tracking Station, 212.00 fret to a concrete monument for ^U--Che;Point of Beginning of the parcel to be herein described: .thence continue North 0°13'15" East along the same line, ,...788.`.00 feet to a concrete monument; thence run South 89°45'25" - =East 208.00 feet, more or less,to the Mean High Water Line of �-theAtlantic Ocean; thence run Southwesterly along the Mean liigh Water Line, 514.00 feet; thence run North 89°15'45" West, 46.00 feet, more or less to a concrete monument which 1.s 25 feet, more or less West of the Ocean Bluff line; thence continue North 89°15'45" West on the same line, 184.28 feet to a concrete monument; thence run South 1°13'15" West 295.20 feet to a concrete monument; thence run North 89°15'45" West, 1.16.00 feet to the Point of Beginning. Containing 4.020 acres, more or less. PARCEL "1" All. that traot or parcel of land lyin}; incl b l le, In Government Lot 1, Section 20, Township 32 South, Range 40 East, Tallahassee Meridian, Indian River County, Florida, and more particularly described as follows: 0CT 2 2"1980 �OIiK- 45 19 w ®CT 22198o 800 '45 'PAIGE 20 Commencing at a concrete monument which is on the South line and 349.14 feet S 89045'25" E of the Southwest corner of said Section 20, and at a corner of tract of land owned in fee by the United States of America at Fero Beach Tracking Annex; Thence N 00°13'15" E along the boundary of said Ignited States tract and subsequently along the boundary of a tract of land conveyed to Indian River County, Florida, by the United States of America by quitclaim deed dated 24 August 1970, a distance of 1350.0 feet to a corner of said tracts and the POINT OF BEGINNING. Thence continue N 00°13'15" E along the boundary of said United States tract 340 feet, more or less, to a point which is on the mean high water line of the Atlantic Occan, and at a corner of said United States tract; Thence Southeasterly along the meanders of said high water line which is along the boundary of Said United States tract 350 feet, more or less, to a point on a line which bears S 89°45'25" E from the point of beginning, at a corner of said United States tract and at a corner of said Indian River County tract; Thence N 89°45'25" W along the boundary of said United States tract which is along the houndary of said Indian River County tract 90 feet, more or less, to the point of beginning. Containing 0.33 of an acre, more or less, and being a portion of Tract "A" of Vero Beach Tracking Annex. EASF21EINT LAND A strip of land 50 feet in width lying 25 feet on each side of the following described center line: Commence at the Southwest corner of the East 10 acres of Government Lot 1, Section 20, Township 32 South, Range 40 East, Indian River County, for a point of reference; thence Northerly along the [Jest line of said East 10 acres of Government Lot 1 222 feet, more or less, to the center line of an existing paved road and the Point of Beginning of the center line being described herein; From said Point of Beginning, thence run Westerly along the center 1.1ne of said existing paved road 210 fret, more or less, to the Easterly right-of-way line of existing State Highway A -1-A and the Point of Termination, containing 0.24 acres more or less. There are excepted from this conveyance and reserved to the Grantor, and Its assigns, all oil, gas, and other minerals in, under and upon the lands herein conveyed, together with the rights to enter upon the land for the purpose�of mining and removing the same. This conveyance is made subject to any and all existing rights- of-way, casements and covenants and agreements affecting the above described premises, whether or not the same now appear of record. To Have and to hold the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee, its successors and ►ssi};ua, forever. 1 Pursuant to authority contained in the Federal Property and Adminis- trative Services Act of 1949, as amended, :incl applicable rules, regulations and orders promulgated thereunder, the general Services Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for further conveyance to Indian River County, Florida. It is agreed and understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as fol.lows: 1.. This property shrill be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the Grantee on May 29, 1980, which program and plan may be amended from time to time at the request of either the Crantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Govern- ment for use by the general public. 3. The property shall not be sold, lensed, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instru- ment of conveyance. However, nothing .in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property (hiring the preceding OCT 2 Z 1980 Boos 45' PAGE 00 rn N t�J t;J -z ETC OCT 2 21980 Booz 45 pArE ..22 two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. S. If at any time the United States of America shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, LiLle and interest in and to said premises, or part thereof determined to be necessary to such national defense, Shall revert to and become the property of the United States of America. 6. As part of the consideration for this Deed, the Grantee covenants :uid cifroes for it;,elf, 1t:, successors and assigns, that (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as may he necessary to effectuate this covenant; (4) the United States shall have the.riglit to seek judicial enforcement of this covenant, and (5) the Grantee, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through,contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which lie is authorized to provide, undertake for himself the same obliga- tions as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with Q - the land hereby conveyed, and shall in any event, without regard to tr1 technical classification or designation, legal or otherwise, be binding N ' L'J to the fullest extent permitted by .law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the C rantee, its successors and assigns. � o 7. The Grantor and the Grantee agree that the Grantee is pro - from developing the property hPrain conveyed in any manner wh� is incompatible with Executive Order 11988, relating to floodplain Management, and Executive Order 11990, relating to Protection of Wetlands. The Grantor and the Grantee agree that this prohibition is irrevocable, and the Grantee agrees to include in any subsequent transfer an identical Irrevocable prohibition. S. The Grantee agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718), the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that facilities developed on conveyed surplus properties for public park and recreation purposes are accessible to the- phystcally handicapped; and, further assure in accordance with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall solely by reason of his handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or acts-vity receLving Federal financial assistance. 9. Grantee shall be on the lookout for archaeological artifacts during its construction activities and shall take appropriate action should any artifacts be discovered. 10. Grantee agrees to file with the FAA a Notice of Proposed Con- struction or Alteration, FAA Form 7460-1, for proposed structures in excess of 200 feet in height. Grantee further agrees that should FAA determine any proposed structure to be a hazard to air navigation, such structure will not be constructed. 11. In the event there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which in addition to all other remedies for such breach shall have the O right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said premises N L7 r•rt and in any and all of the tenements, hereditaments and appurtenances O thereunto belonging; provided, however, that the failure of the Secretary c� of the Department of the Interior to require in any one or more instances a r - OCT 2 21980 BOOK 45 PAGE 23 OCT 2 21990 max 45 PAGE 24 complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the Crantee, its successors and assigns, with respect Lo such future performance shall continue in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this the, day of 19 1i UNITED STATES OF AMERICA acting by and through the Secretary of the Interior Through: Robert M. Laker Southeast Regional Direc r Heritage/Wpervation ank Recreat4on Service By IeITNESSES: STATE OF i Yom' E 1A ) ss COUNTY Oi' On this day of r' -'-yr r'i '- , 19 "J ` bef/°re me, the subscriber, personally appeared `,l ,¢t 'Z C•' -X• 'T yr .S , Heritage Conservation and Recreation Service, of the United States Department of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument aforesaid, as the act and deed of the United States of America, for and oil behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary,'and lie acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. 1< L r4 NOTARY III L C , eL I� . Ahs commission expires: •��'� The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. INDIAN RIVER COUNTY, FLORIDA t12 U�2 By Alma Lee Loy, Vic Chairman Board of County Commissioners of Indian River County, Florida State of Florida ) ) ss County of Indian River ) On this_ day of ��,�o�te�, 1980, before me, the undersigned Officer, personally appeared Alma Lee Loy to me known and known to me to be the same person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he is the Chairman of the Board of County Commissioners of Indian River County, Florida, that he is duly designated, empowered and authorized by a resolution of the Board of County Commissioners dated stay 21, 1980 to execute the foregoing acceptance and sign his name thereto; and that he signed his name thereto and acknowledges that he executed the foregoing instrument for an([ on behalf of Indian River County, Florida for the purposes and uses therein described. My Commission expires: Pl'll:. S; '` C 'L.?1I;,1 A` L$,ZGE J l:; ILRS OCT 2 2.1980 NO ARY BLIC o U a �Q 6 fC 45 " PAGE OCT 2 21980 aoox 45 pAcE 26 1 • • l :: O: V ILS : =►l ► ' :: V ► THE BOARD DISCUSSED PLANNING DIRECTOR REVER'S RECOMMENDATION THAT HE AND VARIOUS MEMBERS OF THE PLANNING STAFF BE ALLOWED TO ATTEND THE ANNUAL FLORIDA PLANNING AND ZONING ASSOCIATION CONFERENCE WITH IT ARRANGED SO THAT THE VARIOUS MEMBERS COULD ATTEND DIFFERENT SIESSIONS AS LONG AS SUFFICIENT PERSONS REMAINED IN THE OFFICE TO MAINTAIN NORMAL ACTIVITIES. ON LOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR PLANNING DIRECTOR REVER AND MEMBERS OF THE PLANNING STAFF TO ATTEND THE ANNUAL FLORIDA PLANNING AND ZONING ASSOCIATION CONFERENCE IN ORLANDO NOVEM- BER 12TH THROUGH 15TH, 1980, ON THE BASIS RECOMMENDED BY THE PLANNING DIRECTOR. • COMMISSIONER WODTKE REPORTED THAT IN DECEMBER OF 1979, THE BOARD APPOINTED THOMAS BUCHANAN TO THE MENTAL HEALTH BOARD, BUT MR. BUCHANAN, SHORTLY AFTER ACCEPTING THE APPOINTMENT, FOUND HE DID NOT HAVE SUFFICIENT TIME TO ATTEND THE MEETINGS. MR. BUCHANAN'S SITUATION NOW HAS CHANGED, AND HE BELIEVES HE DOES HAVE ADEQUATE TIME AND HAS INDICATED IF THE COUNTY DESIRES, HE WILL SERVE ON THIS BOARD. COM- MISSIONER WODTKE STRONGLY RECOMMENDED THAT MR. BUCHANAN BE REAPPOINTED TO THIS BOARD, NOTING THAT HE HAS BEEN SERVING IN MR. BUCHANAN'S PLACE, AND WITH THE MEETINGS BEING HELD IN WEST PALM BEACH ON THE SAME EVENINGS AS COMMISSION MEETINGS, IT HAS BEEN DIFFICULT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-116 APPOINTING THOMAS B. BUCHANAN TO SERVE AS THE COUNTY'S REPRESENTATIVE ON MENTAL HEALTH DISTRICT BOARD N0. 9 FOR ONE YEAR TO BECOME EFFECTIVE OCTO- BER 22, 1980. 26 RESOLUTION NO. 80-116 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That THOMAS B. BUCHANAN is hereby appointed as its representative to the Mental Health District -No. 9 Board, Inc. for a term of one (1} year. THOMAS B.-BUCHANAN is replacing William C. Wodtke, Jr. Said Resolution shall become effective as of the 22nd day of October, 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Willard . Sie. rert, Jr. Chairman ATTEST: Fre a Wrig t, erk CANCELLATIONj4N.ItORJA�L SERVICE ANDi A . 1. 1 ► CONTRA ADMINISTRATOR NELSON INFORMED THE BOARD THAT AT THE TIME OF THE ANNUAL BIDS, WE DID BID THE JANITORIAL SERVICE, AND ITEM ONE INCLUDED THE COURTHOUSE, THE ANNEX AND LAWYERS TITLE OFFICES. THIS WAS AWARDED TO CLEAN -RITE, INC., AND WE IMMEDIATELY RECEIVED COMPLAINTS ABOUT THEIR SERVICE. THE ADMINISTRATOR STATED THAT HE CALLED THE OWNERS OF CLEAN -RITE ON A NUMBER OF OCCASIONS AND WROTE A LETTER EXPLAINING WHAT WE WANTED THEM TO D0, REITERATING THE TERMS OF THE CONTRACT. MR. NELSON CONTINUED THAT HE HAD DAILY INSPECTIONS AND CONTACTED ALL DEPARTMENT HEADS FOR THEIR REPORTS. WE HAVE NOT SEEN IMPROVEMENT, AND HE WOULD RECOMMEND THAT WE EXECUTE OUR OPTION OF CANCELING THE CONTRACT AND GOING WITH THE SECOND LOWEST BIDDER, COAST TO COAST JANITORIAL SERVICE, WHO HAD THE CONTRACT PRIOR TO THIS. OCT 2 21.980 27 P' AcE O CT 2 21980 PAGF 28 COMMISSIONER WODTKE ASKED IF IT WOULD NOT BE PROPER TO REBID. ATTORNEY COLLINS DID NOT FEEL IT ACTUALLY HAD TO BE REBID AND BELIEVED THAT THE BOARD CAN DETERMINE THAT THEY NEED IMMEDIATE ASSIST- ANCE. HE NOTED THAT HE HAS NOT REVIEWED THE CONTRACT WITH THE CURRENT CLEANER. THE ADMINISTRATOR STATED THAT THE CONTRACT WITH CLEAN -RITE HAS A 30 -DAY CANCELLATION CLAUSE, AND FELT IT WOULD REQUIRE THAT WE SHOW CAUSE. HE COMMENTED THAT CLEAN -RITE SERVICED THE 2001 BUILDING AND DID A GOOD JOB, BUT HE DID NOT BELIEVE THEY REALIZED THE MAGNITUDE OF THE JOB IN THE COURTHOUSE AND ANNEX, ETC. CHAIRMAN SIEBERT ASKED IF THE ADMINISTRATOR FELT THEY MIGHT CEASE SERVICE IMMEDIATELY UPON RECEIPT OF THE LETTER OF CANCELLATION, AND MR. NELSON STATED THAT IF THEY SHOULD, WE COULD TAKE UP THE SLACK IMMEDIATELY WITH COAST TO COAST JANITORIAL SERVICE. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LYONS, TO EXERCISE THE CANCELLATION OPTION WITH CLEAN -RITE, INC., AND AUTHORIZE THE ADMINISTRATOR TO SUBMIT TO THE BOARD AT THE NEXT MEETING A NEW CONTRACT WITH COAST TO COAST JANITORIAL SERIVCE. DISCUSSION AROSE ABOUT WHETHER THE CONTRACT WOULD BE AT THE SAME FIGURE BID BY COAST TO COAST, AND COMMISSIONER WODTKE STATED THAT HE WOULD NOT BE SATISFIED IF WE HAD TO RENEGOTIATE. ATTORNEY COLLINS NOTED THAT ONCE YOU AWARD A BID, THAT TERMINATES THE BIDDING PROCESS AND NOW WE ARE CONTRACTING WITH ANOTHER PARTY BECAUSE OF THE EMERGENCY THAT EXISTS. ADMINISTRATOR NELSON COMMENTED THAT THIS ACTUALLY IS THE FIRST TIME WE HAVE GONE OUT AND BID THE JANITORIAL CONTRACT. WE DO NOT HAVE TO BID IT, BUT FELT IT MIGHT GIVE US MORE AVENUES. HE WAS CONFIDENT THAT THE CONTRACT WOULD BE AT THE SAME FIGURE PREVIOUSLY BID BY COAST TO COAST. IT WAS FURTHER NOTED THAT THE BID WAS BASED ON DATES OF CONSTRUCTION AND MOVING OF THE OFFICES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE BOARD DISCUSSED THE FOLLOWING MEMO FROM ADMINISTRATOR NELSON: October 15, 1980 MEMORANDUM TO: Board of County Commissioners FROM: County Administrator SUBJECT: Hercules, Inc., Brunswick, Georgia and Stump wood Agreement 986219 ENCLOSURE: Assistant County administrator's Memo of October 9, 1980, Same Subject On October 10, 1979, the County signed an agreement with Hercules, Inc., Brunswick, Georgia to sell them dead pines and stumps. This agreement was for a one year period. During this year of collecting the lighter wood, more wood than was anticipated was found and therefore, Hercules has requested an extension of the contract to December 10, 1980, see the enclosure. It is requested that an extension be granted to Hercules, Inc. retroactive to October 10, 1980 through December 10, 1980. Neil A. Nelson, County Administrator ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED AN EXTENSION OF THE AGREEMENT WITH HERCULES, INC., AND AUTHORIZED THE CHAIRMAN'S SIGNATURE UPON APPROVAL OF THE ATTORNEY OF AN AGREEMENT TO BE SUBMITTED BY HERCULES, INC. SAID EXTENSION AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. 29 OCT 2 2 1980 $OQK 45 SPAGE 29 1-1 OCT 2 2.19 80 45 PAGE '30 MM arallimm THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida PUBLIC HEARING NOTICE Notice is hereby given that the County Commission of Indian River County will hold a COUNTY OF INDIAN RIVER: public hearing on October 22, IM, at 10:00 STATE OF FLORIDA a.m. in the Council Chambers of Vero Beach City Hall at 1053 20th Place, Vero Beach, ,II• !hr urni,•r, t;nr,1 authority personally appoared J. J. Schumann, Jr. who on oath Florida,for the purpose of: s.,, . 0,,o r.,, ,. Fus,ne., N!anaeor of the Vero Brach Fres-,-Journal. a weekly newspaper puhlrshed (1) Informing the citizens of the County's !',•..I in 111 ,rn f(rt,•r Lounty, I Iundd; that 1110 lttJLhid copy of ddvertrsement, being intent to file a Pre -application for funding _ under the Small Cities Program of the Housing a ' I _ ' i f 1and 978 Communiety, Development Act of 1414 and r (2) Explaining the program, approximate funding level, program requirements, and the timing and approval procedures relating to the in the matter of 1 `' ! Pre -application; V (3) Obtaining the views of the citizenry �, regarding community needs and priorities and i receiving public input on how the funds may be spent; (4) Explanation of trove proposed activities in the Court, was pub- will benefit low and moderate -income faimilies, prevent and eliminate slums and plight, upgrade the neighborhood environment >h..:i ncw,F.a, • r in the issues of Ll [� 1 '�' or improve community services and facilities; and (5) Briefly discussing the accomplishments of past efforts funded with CDBG funds as contained in the status repW which will ac- coinny the Pre -application to be submitted to the Department of Housing & Urban rr'i t�•t''W '..rr,1 VVIO I)0.+c!+ I'll-1,•urnal is a newspaper published at Development (DHUD) by November 17, IM. r :.:''• ;n,:!an River County, anti that the said newspaper has heretofore I•.I i+,h,,: In ,,u,l IndianI:nrr (•nurty, 1 I„oda, wi•rL.ly and has been entered Citizens will have an adequate opportunity to dma:; matter at the post office in Vero Beach, in said Indian River County, Florida participate in the development. of any f„r .� ,,,,� , ,,, _ revisions, changes or amendments for eX- r Nrar nrI't prrirc,iint; the• fn•,t p011irCatron of the attached copy of adver- pen ditureofCommunityDevelopmentfundsat h•., r, n: i .,fl,ant lkvi!, r sass that he has neither paid nor promised any person, firm or thispublichearing. 1111 r, l•.it,•, i nu,n•..i .11 m 1'.11,11dhn III(-{+wput.c of s,.•cur,ng this adver- Board of County Commissioners -11, ,I +Il the 'oard newspaper. Of Indian River County, Florida /* Byairman Willard W. Siebert Jr., >n j � • S� vn r rni •,u ):cr+ted : e m1��his d;ry of i �. A. D. 4"L.) ChOct. 16,1900. ,� _ r � u:inesr. Manager) ISf AI (Clerk of the Circuit Court( Indian River County, Florida) 30 =0 SUCH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in' Indian River County, Florida; that the attached copy of advertisement, being &�'h a GZ r in the matter of the Court, was Pub- lished in said newspaper in the issues of & • _/1� , /I y IFd Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before t ay of .D. 4 y� ;::�r-j C (Business Manager) (Clerk of the Circuit Courtndian River County, Florida) (SEAL) - 1 - li'e1#,J.t ## ttrS S'".i :'... aYi# r - ...i�': .{. ,':�w'T.`'^'=�Sf3 �;••-Mk+ .r:i',r t>' ,"`.�k4����•.�L'gl {n U 9XICTICS Notice is hereby given that the County Commission of .Indian River County will hold a public hearing on' October'22, 1980 at 10100 a.m. in the Council Chambers of Vero Beach City Hall at 1053 - 20th: Place,,Vero Beach, Florida, for the purpose of:. (1) Informing the citizens of the County's intent to file a Pre -application for funding under the Small Cities Program of the Housing and Community Develop ment Act of 1974 and 1978 as amended. (2) Explaining the program, approximate funding level, - program requirements, and the timing and approval,;..'.; procedures relating to the Pre -application; (3) Obtaining the views of the citizenryregarding com- munity, needs and priorities and receiving public in- put n put on how the funds may be spent; (4) Explanation of how proposed activities will benefit low and moderate -income families, prevent and -.`eliminate-siums arid -'plight; upgrade the neighborhood environment or improve community services and facilities; and (5) Briefly discussing the accomplishments of past efforts funded with CDBG funds as contained in the status report which will accompany the Pre -application to be submitted to the Department of Housing & Urban Development �DHUD) by November 17, 1980. Citizens will have an adequate opportunity to participate in the development of any revisions, changes or amendments for expen diture of Community Development funds at this public hearing. Board of County Commissioners lrx1 of Indian River County,, Florida BY: Willard W. Siebert, Jr., Chairman October, 12, 1980 Bi9U�( PAGE OCT 2 21980 sooK -45 PAGE 32 COMMUNITY DEVELOPMENT DIRECTOR REGAN CAME BEFORE THE BOARD TO MAKE THE PRESENTATION AND REVIEWED THE PROPOSED PROGRAM AND BUDGET, STATEMENT FOR PUBLIC INFORMATION, AND APPLICATION SUMMARY, AS FOLLOWS: M E M O R A N D U M T0: 4oard0 ft Co Co ty Commissioners FROM: E ward J. R ga —Community Development Director DATE: October , 1980 SUBJECT: Public Hearing for 1981 Community Development Block Grant Pre -application (First Public Hearing) In accordance with the Community Development Act of 1974 and 1978, as amended, and the Federal Department of Housing and Urban Development regulations, we are openink this first Public Hearing so that the citizens of Indian River County will have an adequate opportunity to participate in the development of any revisions, changes or amendments to the proposed 1981 Com- munity Development Block Grant Pre -application. The proposed 1981 Pre -application is for a Comprehensive Project to be called the "Southeast Gifford Project." It is to be generally bounded by U.S. Highway One (U.S. #1) on the west, 38th Lane on the north, 17th Avenue on the east and 37th Street (Barber Avenue) on the south, located in Gifford, Florida. Rehabilitation $ 725,000 Streets 20,000 Park and Playground 15,000 dater Service 35,000 'relocation Assistance 150,000 Administration 138,000 Planning 27,000 Contingencies 60,000 $1,170,000 Tthe total project is phased over a three-year period with the individual projects estimated as follows: 1981 Project 1982° "Proj ect 1983 Project $ 321,000 425,000 424,000 $ 1,170,000 it is proposed that the first year amounts reflect a period (of ""gearing -up" for the three-year comprehensive program while gramAding immediate improvements to the area. 32 PROPOSED PROGRAMS AND BUDGET COMMUNITY DEVELOPMENT BLOCK GRANT - GRANTS 1981 - 1983 SOUTHEAST GIFFORD PROJECT PROJECT DESCRIPTION PROPOSED BUDGET NO. TITLE 1. Rehabilitation:°.'Program will provide funds for improvement of 76 dwellings including such activities as rewiring, improving plumbing, septic tank repair or replacement, roofing and general upgrading of the unit. $ 725,000 2. Streets: Project will improve and pave approximately 1,000 feet of streets. 20,000 3, Park and Playground: 17th Avenue, which has not been opened between 38th Lane and 37th Avenue, provides nearly one acre of _. ground suitable for improvement as a linear park and playground area. 15,000 4. Water Service: As part of the improvement of the Gi ®rd system, water service has been provided in the southeast area. Pro-. ject will include assistance in providing' service lines to individual dwellings. 35,000 5. Relocation Assistance: The scope of this project will require the permanent relo- cation of approximately 20 families. The remainder of this assistance will.support families which need to be relocated tem- porarily while repairs are being made to their dwellings. 150,000 6. Administration: This includes all manage- ment and operating costs for the project and is less than 11.79% of the total pro- ject cost. 138,000 7. Planning: This item includes program and application preparation for the projects, and constitutes 2.3% of the total budget. 27,000 8. Contingencies: This is to cover unantici- pated inflation or other increased project costs and may be used for local discre- tionary activities in the project area. 60,000 $ 1,170,000 STATEMENT FOR PUBLIC INFORMATION The County Commission of the County of Indian River has author- ized the preparation of applications for Fiscal Year 1981 funding under the Community Development Act of 1974 and 1978, as amended. This is the first public hearing to be held prior to submission of the pre -application to HUD on November 17, 1980, to obtain citizen opinion and input regarding the community development needs, their priorities and allocatipri*of future funding to address these needs. The Indian River Board of County Commissioners must"approveand authorize the submission of the pre -application to HUD, 'E - OCT 2 21980 OCT, 2 2.1980 Boa 45 PAGE 34 The County has received a total of $653,000 of CDBG funds for the three program -years. Those grants have been successfully com- pleted and closed out. This application will cover a three-year funding cycle with Small Cities funds: Fiscal Year 1981 amounting to $321,000; 1982 in.the amount of $425,000; and 1983 in the amount of $424,000 for a three-year total of $1,170,000. Depending upon forthcoming regulations or administrative deci- sions at the HUD level, the amount of funds applied for may vary from those presently anticipated. Applications under the Small Cities Program are competitive with other communities throughout the State, and it is certain that more pre -applications for funding will -be submitted than can be funded. Submission of a pre -application for these funds is'no guarantee that the County's program will be funded. Further, approval of the appli- cation notwithstanding, subsequent funding is dependent upon satis- factory performance. If the County's pre -application rates favorably compare to other applicants, HUD will invite the -County to submit a full appli- cation for Small Cities Program Funds. Activities eligible to be conducted under a Community Develop- ment Program include, but are not specifically limited to, the following range of activities: 1. Acquisition 2. Neighborhood facilities 3. Public facilities and improvements, such as solid waste disposal, fire equipment, public utilities improvement; street paving, lighting and drainage; with certain restrictions 4. Provision of public services 5. Interim assistance, including emergency housing repair 6. Removal of architectural barriers to the elderly and handicapped 7. Housing rehabilitation 8. Code enforcement 9. Economic development activities 10. Planning,and program administration 11. Historic preservation 12. Various types of housing assistance During the past three program years, the County has undertaken or programmed the following types of activities with CDBG funds: public improvements, such as street paving and drainage; recreation improve- ments; housing rehabilitation. These CD applications are developed by the CD and Planning staffs, reflecting regular meetings with the Citizens Advisory Committee, cor- respondence with other agencies, civic groups and individuals, etc., on a continuing basis throughout the program year, in addition to the two public hearings for citizen information and input. The Citizens Advisory Committee recommends the program activities based upon citizen input and staff recommendations, with final approval the responsibility of the County Commission. The pre -application for Small Cities funds will be sent to HUD by November 17, 1980. In accordance with HUD requirements, a status report is being pre- pared. This report describes the progress of the CD program through November, 1980, will be included as part of the pre -application and will be available for public inspection in the Community Development Department at 800 - 20th Place, -Suite #3, Vero Beach, Florida 32960. In addition, the Department will be up -dating its Citizen Parti- cipation Plan in accordance with the new regulations. - 1981 COM - DEVELOPMENT APPLICATION SUMMARY A major intent of the Community Development Program is to meet the statutory objective of providing decent housing, a suitable living environment and expanded economic opportunities, principally for per- sons of low and moderate>'•income. In developing the 1981 Community Development Block Grant Appli- cation, the following major needs were found to exist: I. The need to eliminate blighting influences in deteriorating neighborhoods, especially those influences detrimental to health, safety and public welfare of low to moderate -income persons. II. The need to conserve and maintain Indian River County's present housing stock, especially those units occupied by low to moderate -income persons. The long-term objectives of the Community Development Program in relation to the needs are: (A) To upgrade deteriorating neighborhoods to decent, safe and environmentally sound living areas; eliminating those influences that are detrimental.to the health, safety and public welfare of low to moderate -income residents as first priority. (Related to I) (B) To actively preserve housing through the initiation of a multitude of programs which will aid and assist in the maintenance and conservation of housing for low to moderate - income families. (Related to II) Short-term objectives which will assist in accomplishing the stated long-term objectives are: (1) The'establishment of a Public Facilities Program to elim- inate deficiencies in this area,'i.e., street paving, water and sewer, sidewalks, drainage, etc. (Related to (A)) (2) The establishment of a Housing Demolition Program to eliminate unsafe, dilapidated structures that blight the community. (Related to (A) and (B)). (3) The establishment of a Housing Rehabilitation Program to return structurally sound substandard units to standard condition and prevent further deterioration. Activities presented in the Fiscal Year 1981 Community Develop- ment Block Grant Pre -application which support the short-term objec- tives are: (a) Establishment of public facilities program to eliminate deficiencies in this area. 1. Streets and associated drainage 2. Park and playground 3. Water service (b) Housing rehabilitation to return 76 structurally sound substandard units to standard condition. (c) Code enforcement to prevent further deterioration. Relocation assistance to families wishing to move from dilapidated structures into standard housing. Eliminating unoccupied, dilapidated structures and, assist in their demolition. 45 OCT 2 2 1980 0 CT 22.1900 BQOK 45 PAGE 36 COPIES OF THE PRECEDING DOCUMENTS WERE MADE AVAILABLE TO THE GENERAL PUBLIC. MR. REGAN EXPLAINED THAT THE PROPOSED THREE YEAR PROGRAM WAS DESIGNED SO THAT WE COULD MAKE A DEFINITE IMPACT IN A CERTAIN AREA EACH YEAR. HE NOTED THAT IN THE PROJECT AREA ALL BUT 2% OF THE PEOPLE ARE LOW INCOME FAMILIES AND CONTINUED THAT DEPENDING ON FORTHCOMING REGULATIONS, THE AMOUNT OF FUNDS APPLIED FOR MAY VARY FROM THOSE PRESENTLY ANTICIPATED. THE APPLICATIONS FOR THESE FUNDS ARE VERY COMPETITIVE, AND SUBMISSION OF AN APPLICATION IS NO GUARANTY THAT THE PROGRAM WILL BE FUNDED. HE ANNOUNCED TO THOSE PRESENT THAT THERE WILL BE A SECOND PUBLIC HEARING ON THIS PRE -APPLICATION AT 5:01 O'CLOCK P.M. TODAY. MR. REGAN CONTINUED TO COMMENT, NOTING THAT ALTHOUGH WE HAVE NOT BEEN APPROVED FOR FUNDING IN THE PAST ON THIS SAME SITE, OUR STANDING HAS IMPROVED SUBSTANTIALLY EACH YEAR. IN ADDITION, WE NOW HAVE SUCCESSFULLY CLOSED OUT ON THREE PREVIOUS GRANTS; WE HAVE GOTTEN A SECTION S HOUSING ASSISTANCE PROGRAM OF $225,000 AND A LAND ACQUISITION AND DEVELOPMENT TRUST FUND RESERVATION IN WRITING THAT IS BEING WORKED ON BY -THE HOUSING AUTHORITY; AND THE HOUSING AUTHORITY ALSO CAME INTO BEING IN THIS SAME PERIOD OF TIME AND THEY HAVE MADE APPLICATION TO HUD FOR 116 UNITS OF PUBLIC HOUSING. ALL THESE ARE POSITIVE STEPS FORWARD. MR. REGAN THEN WENT ON TO DISCUSS THE DIFFERENT TYPES OF FUNDING (ENTITLEMENT AND DISCRETIONARY), NOTING THAT THE ENTITLEMENT AREAS (LARGE CITIES) ARE AUTOMATICALLY FUNDED, BUT THE COUNTIES AND SMALLER CITIES HAVE TO COMPETE FOR THE DISCRE- TIONARY FUNDS. THE REQUESTS FOR THESE FUNDS ARE FOUR TIMES THE AMOUNT TO BE GIVEN OUT TO THE DISCRETIONARY GROUPS, AND THE COMPETI- TION, THEREFORE, IS INTENSE. COMMISSIONER LYONS FELT THE RECORD SHOULD SHOW THAT THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE MET AND VOTED TO CONTINUE TO TRY TO GET THIS APPLICATION APPROVED, AND MR. REGAN CONFIRMED THAT THE COMMITTEE HAS ENDORSED MOVING FORWARD WITH THIS PROGRAM. 36 CHAIRMAN SIEBERT COMMENTED THAT CONTINGENCY ONLY ALLOWS 5.1? FOR INFLATION OVER A PERIOD OF THREE YEARS. MR. REGAN EXPLAINED THAT THIS REFLECTS AN AVERAGE OF $9,000 PER UNIT THE FIRST YEAR, .IN= (CREASING TO $9,500 THE SECOND YEAR AND $10,000 THE THIRD. THIS IS BASED ON THE PREMISE THAT THEIR SKILLS WILL INCREASE OVER THE YEARS, AND HOPEFULLY THEY WILL MAKE UP IN EFFICIENCY TO COMPENSATE FOR INFLATION. CHAIRMAN SIEBERT NOTED THAT RELOCATION ASSISTANCE AMOUNTS TO $7,500 PER FAMILY. COMMUNITY DEVELOPMENT DIRECTOR REGAN EXPLAINED THAT IF WE HAVE TO MOVE A FAMILY OUT TO FUMIGATE, FOR INSTANCE, OR DO SOME DRASTIC REPAIRS, WE HAVE TO PROVIDE SOME SORT OF HOUSING. ANY FAMILY WHO IS RENTING COULD GET ASSISTANCE UP TO $4,000 IN RELOCATING AND ADJUSTING TO THEIR NEW RENTAL PATTERN. AN OWNER OF PROPERTY WHO IS BEING RELOCATED HAS TO BE PROVIDED WITH HOUSING AT LEAST EQUAL AND COULD RECEIVE ASSISTANCE UP TO $15,000. MR. REGAN FELT THE FIGURE FOR RELOCATION POSSIBLY COULD BE ADJUSTED SLIGHTLY DOWNWARD, PERHAPS FROM $150,000 TO $135,000. COMMISSIONER WODTKE COMMENTED THAT IN ITEM 6, ADMINISTRATION, "LESS THAN 11.79%" SHOULD BE ADJUSTED AS IT IS NOT CORRECT. MR, REGAN RECOMMENDED THAT WE STAY WITH THE $138,000 ADMINIS- TRATION FIGURE; HE NOTED THAT WE HAVE NOT ALTERED THAT FIGURE OVER THE LAST THREE APPLICATIONS, AND IT WILL BE A TIGHT SQUEEZE. HE FURTHER NOTED THAT THE PLANNING FIGURE HAS NOT BEEN UPPED EITHER. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. RYAN YOUNG OF 1510 37TH AVENUE ASKED WHAT THE FUNCTION OF THE ADVISORY COMMITTEE IS AS IT RELATES TO THIS PROGRAM; HOW MANY MEMBERS ARE ON THAT BOARD; AND WHO ARE THEY? MR. REGAN STATED THAT THERE ARE TEN MEMBERS, THIS COMMITTEE IS MADE UP OF PEOPLE FROM THE COUNTY AND PEOPLE FROM THE AREA AND MR. .JACKSON AND MR. IDLETTE ARE TWO OF THE MEMBERS. HE FELT THERE WERE SIX PRESENT AT THE MEETING WHEN THE PROGRAM WAS ENDORSED. COMMISSIONER LYONS EXPLAINED THAT AN AGENDA WAS MADE UP AND SENT OUT FOR THE MEETING OF THE ADVISORY COMMITTEE AND NOTICE OCT 2 21980 37 `. ' fle . % Bo,a 45 PAGE '38 OF THE MEETING WAS SENT OUT TO ALL MEMBERS, BUT FOR SOME REASON WE DON T GET GOOD ATTENDANCE, WHICH IS VERY DISAPPOINTING. COMMISSIONER EMPHASIZED THAT THE MEETING OF THE ADVISORY COMMITTEE IS IMPORTANT SINCE IT IS WHERE THE DECISIONS ARE MADE ABOUT THE PROJECTS, AND WE NEED ALL THE INPUT WE CAN GET. MR. YOUNG ASKED IF THERE WAS A QUORUM AT THE MEETING, AND MR. REGAN STATED THAT THERE WAS AND MINUTES WERE TAKEN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ATTORNEY COLLINS ASKED THAT THERE BE SOME INDICATION IN THE RECORD OF THE TOTAL NUMBER OF PEOPLE WHO ATTENDED THIS HEARING. HANDS WERE RAISED, ANDA TOTAL OF 17 PEOPLE WERE COUNTED. THE CHAIRMAN ANNOUNCED THAT THE SECOND PUBLIC HEARING WILL BE AT 5:01 P.M. THIS EVENING. COON _E C VVFO RD i MR. LUNDY CAME BEFORE THE BOARD TO ADDRESS THE ITEMS SET OUT IN THE FOLLOWING LETTER: 2420 45th St. Gifford, Florida October 14, 1980 Mr. W. W. Siebert, Chairman Board of County Commissioners Indian River County Vero Beach, Florida Dear Sir: The Gifford Civic League request a hearing to appear on the October 22, 1980 Agenda to address the following concerns: 1. That the County Commissioners give final approval of bids, submitted by Mr. Ed Reagan, for additional Park improvement in Gifford. 2. That the County Commissioner request FHA to review, evaluate and revise the Gifford Community's water rate structure. J. That the citizens water advisory committee be re- activated as soon as possible. 4. That the present Board of Commissioners (because of familiarity), give immediate attention to resolve the problems related to water and park before the newly elected members are seated. Sincerely, , /d 1,1;/ Xx�_ . Ralph Lundy, President _ Gifford Civic League JRL/nsb L 1 MR. LUNDY INFORMED THE BOARD THAT THE CIVIC LEAGUE IS VERY DISAPPOINTED BECAUSE IN SPITE OF NEGOTIATIONS WITH E.O.C. FOR ADDI- TIONAL PLAY EQUIPMENT AND THE GROUNDS BEING IMPROVED SOMEWHAT BY THE NEW PARK PROGRAM, THEY FEEL THE PARK IS DETERIORATING AND HAS BEEN NEGLECTED IN SOME AREAS, I.E., WATER, COMPLETION OF THE TENNIS COURTS, LACK OF RESTROOMS. HE CONTINUED THAT THE CIVIC LEAGUE HAS INVESTED $2,000 OF THEIR OWN MONEY IN THE PARK, PLUS ANOTHER $7,000 THEY WERE ABLE TO OBTAIN, AND THEY WOULD LIKE TO HAVE THE COUNTY ASSUME THE RESPONSIBILITY OF MAINTAINING THE PARK ON A DAY TO DAY BASIS SO IT WILL NOT CONTINUE TO DETERIORATE. MR. LUNDY STATED THAT THE BOARD HAS ACCOMPLISHED MUCH IN THE PAST FOUR YEARS - GIFFORD DOES HAVE WATER, A HOUSING PROGRAM HAS BEEN STARTED AND A RECREATION PROGRAM, AND HE ASKED THAT THE BOARD MEMBERS, BOTH OUT -GOING AND THOSE REMAINING, GO ON RECORD MAKING RECOMMENDATIONS TO CARRY ON THIS WORK AND IMPLE- MENT THE PROGRAMS. MR. LUNDY INFORMED THE BOARD THAT BECAUSE OF FINANCIAL PROBLEMS, THE GIFFORD CIVIC LEAGUE NO LONGER CAN ASSUME THE RESPONSI- BILITY OF SUPPLYING WATER TO THE PARK; S0, PEOPLE HAVE NO WATER WHEN THEY ARE PICNICKING AND NO RESTROOMS. HE REITERATED THAT THE BOARD SHOULD ASSUME FULL RESPONSIBILITY FOR THE PARK AND BELIEVED IN TIME THEY WOULD SEE FIT TO MAKE CERTAIN IMPROVEMENTS AND FILL THE NEEDS, MR. LUNDY REALIZED THE BUDGET HAS BEEN COMPLETED FOR THIS YEAR AND THERE IS NO WAY THE BOARD CAN COME UP WITH THE $15,000 ESTIMATED TO DO ALL THE THINGS NEEDED, BUT HE REQUESTED THAT THE FENCING OF THE TENNIS COURT BE GIVEN PRIORITY AND COMPLETED. COMMUNITY DEVELOPMENT DIRECTOR REGAN°S REPORT ON THE PARK AND RECOMMENDATIONS ARE AS FOLLOWS: OCT 2 21980 39 BOOK 45 PAGE -3 - AGE_3- OCT 2 2.1900 M E M O R A N D U M BOOK 45 PAGE 40 TO: F�e FROM: Ed R an DATE: September 10, 1980 SUBJECT: North Gifford Park Report At the request of the County Commission I met with Ralph Lundy and Victor Hart of the Gifford Progressive Civic League at the North Gifford Park. Based on that meeting some improvements have been made in the Park. They are as follow: 1. Completed fill and grading for the outfield of the practice baseball field. It took 583 cubic yards of fill to bring it up to grade. 2. County equipment disked and graded the soil in the outfield of the baseball diamond in order to prepare it for seeding. (Ralph Lundy advises that the Gifford Progressive Civic League, with the cooperation of the Florida Farm Workers crews, has seeded the area). 3. The Road & Bridge Department raised the grade of the road and resurfaced the marl for its full length. 4. In accord with the request the graders levelled the stone pile adjacent to the tennis court to delineate the parking area. We have priced the balance of the items requested by the Civic League for improving the Park. The items and the prices are as follow: Item #1: 125 feet of 8 -foot fence plus gates on the east and west sides of the tennis court. Estimates: Okeechobee Fence Co. - 10' fence $ 2,771.88 Hercules Fence - 8' fence 2,103.93 Item #2: Request for a full-sized basketball court with two goal posts, backboards and fencing. Estimates: Contacted three firms; one estimate submitted. John Trodglen & Co. 94' x 50' $ 3,200.00 84' x 46' 2,650.00 striping of the court 225.00 Item #3: Set of restrooms for the Park. The League recommends that they be built between the two pine trees on the west side of the road just south of the entrance to the tennis court. Estimate: Cost of materials for Hobart Park's newest restrooms $ 8,800.00 Labor (estimate) 5,800.00 Contingency of 10% 1,460.00 TOTAL $16,060.00 Item #4: Request that the County assume paying the monthly water bill for the Park. A. Ralph Lundy said the bill has averaged $11.00 for a ten-month period. B. A 50% increase in cost when the improvements other than the restrooms are completed. The restrooms would increase the cost an additional 50%. M E M O R A N D U M T0: Brrd oo` ty Commissioners FROM: Edward J�g e ani DATE: October 15, 1980 SUBJECT: Gifford Progressive Civic League's Request for North Gifford Park Improvements Periodically, improvements have been made in North Gifford Park. (See informational packet, North Gifford Park Report.) The unresolved requests and their estimated costs are as follow: Request Estimated Cost Item 1: Request for 240 feet of 8 -foot fence plus gate for the east and west sides of the tennis court $ 2,103,93 Item 2: Request for a full-sized basketball court with two goal posts, backboards and fencing 2,875.00 Item 3: Set of restrooms for the park (Hobart Park estimated at $16,060.. Could scale down design by one-third for North Gifford Park) 10,70.0.00 Item 4: Request that the County assume paying the monthly water bill for the Park (average monthly water bill $14..00. Park use estimated at $25.00/month.) $ 15,678,93 The Economic Opportunities Council has ordered playground modules for the park and has included a goal post, backboard and basket. This project is federally funded in the amount of $6,000. They are working with the Park and Planning Departments on a dual -use concept for the tennis court area. They envision adapting the area to both basketball and tennis. The basketball goal would be on the west side of the courts at the mid point between the existing fences. To augment these efforts I recommend for consideration: Item 1 - fencing of the tennis court, as soon as funds can be made available ($2,103.93) Item 2 - place on hold and reconsider as the need for basketball facilities increases Item 3 - a set of restrooms for the park would allow for greater utilization of the park by all age groups, and is recommended as funds become available Item 4 - that water service be restored subject to the supervision of the County Park Department. COMMISSIONER Loy STRONGLY RECOMMENDED THAT THE BOARD ACCEPT MR. LUNDY'S PROPOSAL. SHE FELT THE WORK IN OUR PARK DEPARTMENT IN THE LAST YEAR LENDS ITSELF TO ACCEPTING THIS PARTICULAR SITUATION. 41 OCT 2 9 WO M 45 PAGE 41 OCT 2 21900 Boos - 45 PAGE 42 COMMISSIONER Loy WENT ON TO POINT OUT THAT THERE WOULD HAVE TO BE RULES FOR THIS PARK THE SAME AS THE RULES IN THE OTHER COUNTY PARKS AND NOTED THAT ONCE THE IMPROVEMENTS ARE MADE, THEY.WOULD BECOME A PART OF THE FACILITY. SHE FELT THE GIFFORD PROGRESSIVE LEAGUE COULD SERVE AS THE ORGANIZATION TO HIGHLIGHT SPECIFIC PROJECTS, NOTING THAT WE HAVE BEEN VERY SUCCESSFUL IN WORKING WITH THE KIWANIS CLUB IN THIS WAY. SHE FELT ACCEPTING THIS RESPONSIBILITY WOULD INVOLVE HAVING A SMALL COMMITTEE TO WORK WITH THE ADMINISTRATOR, AND SHE BELIEVED THE OVERALL DEVELOPMENT OF THE PARK COULD BE ACCOMPLISHED IN THIS MANNER AND THAT IT WILL BE SOMETHING OF WHICH WE ALL CAN BE PROUD, COMMISSIONER LYONS ASKED WHAT SERVICES WE PROVIDE AT THE PRESENT TIME, AND MR. REGAN STATED THAT THE COUNTY PROVIDES GRASS MAINTENANCE ON A PERIODIC SCHEDULE. HE GAVE A SUMMARY OF THE DEVELOP- MENT OF THE PARK, NOTING THAT THE MAJOR IMPROVEMENT WAS DONE UNDER THE COMMUNITY DEVELOPMENT PROGRAM WHERE $60,000 WAS SPENT ON CAPITAL IMPROVEMENTS, INCLUDING THE ROAD, DRAINAGE SYSTEMS, SETTING UP OF THE FOOTBALL FIELD AND WATER SERVICE. HE NOTED THAT TRASH PICKUP WOULD BE AN INCREASED COST TO THE COUNTY AT THE OUTSET. CHAIRMAN SIEBERT NOTED THAT THE WATER SERVICE WOULD BE ALSO. MR, REGAN REPORTED THAT THE WATER SERVICE IS ALREADY INSTALLED, AND IT APPEARS TO COST ABOUT $25.00 PER MONTH. HE FELT THIS WOULD INVOLVE SOME SUPERVISION FROM THE PARK DEPARTMENT BECAUSE THERE ARE PEOPLE WHO WILL WASH THEIR CARS THERE, WHICH WOULD RESULT IN A MUCH LARGER COST. CHAIRMAN SIEBERT NOTED ALL THIS WOULD INVOLVE PICKUP OF TRASH, POLICING OF THE PARK, SOME ADMINISTRATIVE EXPENSE, AND ADDITIONAL COST FOR THE WATER BILL, PLUS WHATEVER CAPITAL IMPROVE- MENTS THIS BOARD WOULD APPROVE. ADMINISTRATOR NELSON FELT WE PICK UP THE TRASH NOW AND THAT THE LARGEST EXPENSE WOULD BE THE INCREASED MAINTENANCE AND THE WATER OR ANY CAPITAL IMPROVEMENTS, SUCH AS THE FENCE FOR THE TENNIS COURT, MR. REGAN INFORMED THE BOARD THAT THE E.O.C. HAS ORDERED PLAYGROUND MODULES FOR THE PARK AND ALSO A.GOAL POST, BACKBOARD AND BASKET, AND THEY ENVISION A DUAL USE FOR THE TENNIS COURT. MR. REGAN RECOMMENDED AN H' FENCE SO THAT COURTS COULD BE UTILIZED FOR EITHER BASKETBALL OR TENNIS. CHAIRMAN SIEBERT EXPRESSED CONCERN ABOUT A DUAL USE OF THE TENNIS COURT, NOTING THAT HAVING A STEEL POLE BY THE TENNIS COURT COULD BE DANGEROUS. THE ADMINISTRATOR AGREED. COMMISSIONER LYONS DID NOT FEEL THE BOARD IS HERE TO SETTLE THESE TYPE PROBLEMS. CHAIRMAN SIEBERT STATED THAT HE, TO0, WOULD SUPPORT THE COUNTY TAKING OVER THE GIFFORD PARK AND FELT THE PROPER APPROACH WOULD BE TO ESTABLISH A RECREATION ADVISORY COMMITTEE FOR THE GIFFORD AREA WHEREBY THEY WOULD ESTABLISH PRIORITIES. HE NOTED THESE PRIORI- TIES ONLY CAN BE MET WHEN THE FUNDS ARE AVAILABLE AND SHOULDiBE PRE- SENTED WHEN BUDGETS ARE BEING PREPARED. COMMISSIONER WODTKE AGREED THAT THE COUNTY WOULD BE WISE TO RETAIN THE PARK UNDER ITS COMPLETE CONTROL WITH THE GIFFORD PROGRESSIVE CIVIC LEAGUE SERVING IN A CAPACITY SIMILAR TO THE KIWANIS CLUB, BUT FELT TO SAY THAT WE WILL ACCEPT THE PARK ON THE SAME BASIS AS WE OPERATE HOBART KIWANIS PARK WOULD NOT BE FAIR BECAUSE WE HAVE A LIVE-IN ATTENDANT THERE. HE DID NOT FEEL WE CAN DO THAT, BUT THAT WE COULD MAINTAIN IT ON THE SAME BASIS AS OTHER PARKS IN THE COUNTY. COMMISSIONER WODTKE NOTED THAT WE ALWAYS HAVE HAD PROBLEMS WITH CONTROL OF PARKS AS TO VANDALISM, ETC., BUT HE BELIEVED THE PROGRESSIVE CIVIC LEAGUE AND LEAGUE OF CHURCHES COULD BE HELPFUL IN CONTROL AND UTILIZATION OF THE PARK. CHAIRMAN SIEBERT STATED THAT HE WOULD SUPPORT A MOTION TO TAKE OVER THE PARK FOR MAINTENANCE AND JURISDICTIONAL RESPONSIBILITY AND FELT THE FENCING OF THE TENNIS COURT WOULD BE A STARTING POINT AND THEN WE COULD GO FROM THERE. COMMISSIONER LYONS DISCUSSED SEPARATING THESE TWO ITEMS. HE FELT AS A MATTER OF POLICY WE COULD ACCEPT THE MAINTENANCE AND JURISDICTION, BUT DID NOT THINK THE FUNDING OF A PARTICULAR ITEM BELONGS IN THE SAME MOTION. CHAIRMAN SIEBERT NOTED THAT IF WE DON'T DO SOMETHING ABOUT THE FENCING, WE WILL NOT HAVE THE COURT. OCT 2 2.1980 43 Booz' 45 PAGE .43 OCT 2 21980 45 PAGE 44 MOTION WAS MADE BY COMMISSIONER LYONS TO HAVE THE COUNTY TAKE OVER THE MAINTENANCE AND JURISDICTION OF THE GIFFORD PARK AND TO INDICATE THAT WE WILL WORK WITH THE COMMITTEE OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE FOR THE PLANNING OF CAPITAL ITEMS FROM TIME TO TIME EITHER ON A BASIS THAT THEY ARE TOTALLY FINANCED BY THE LEAGUE OR PARTIALLY FINANCED BY THE LEAGUE. THE MOTION DIED FOR LACK OF A SECOND. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER WODTKE, THAT THE COUNTY ACCEPT THE REQUEST OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE TO TAKE OVER THE MAINTENANCE AND OPERATION OF THE GIFFORD PARK. MR. YOUNG ASKED IF MR. WODTKE IS SAYING THAT THE COMMISSION WILL TAKE OVER THE MAINTENANCE WITH THE JOINT EFFORT OF THE CIVIC LEAGUE ON CAPITAL IMPROVEMENTS, AND THE CHAIRMAN STATED THAT THE ONLY MOTION ON THE FLOOR IS THAT THE COUNTY TAKE OVER THE PARK. MR. YOUNG FELT THE EMPHASIS IS BEING PLACED ON A PARK SUCH AS HOBART PARK, AND THE CHAIRMAN STATED THAT IT IS NOT. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMISSIONER Loy WISHED TO RECOGNIZE THE THINGS THE CIVIC LEAGUE HAS DONE TO CREATE THE PARK TO THIS POINT AND WISHED THEM TO KNOW THAT THE BOARD DESIRES THEIR ACTIVE PARTICIPATION IN THE FUTURE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AGREED THAT THE COUNTY WOULD PURCHASE AND INSTALL THE S' FENCE AS RECOMMENDED BY THE COMMUNITY DEVELOPMENT DIRECTOR AT A COST NOT TO EXCEED $2,500. COMMISSIONER LOY NOTED THAT WE DO HAVE SOME CAPITAL MONEY IN THE PARKS BUDGET AT THIS TIME, AND AS LONG AS THE PARK IS UNDER OUR JURISDICTION, SHE FELT WE SHOULD LOOK AT THAT BUDGET FIRST. MR, LUNCY NEXT BROUGHT UP THE MATTER OF EVALUATING THE WATER RATE -STRUCTURE, ATTORNEY COLLINS EXPLAINED THAT THE RATES ARE REVIEWED BY THE FMHA AND ARE STRUCTURED TO SUPPORT THE BOND ISSUE. THESE RATES ARE UNIFORM THROUGHOUT THE COUNTY. MR. LUNDY STATED THAT THE CIVIC LEAGUE IS REQUESTING THAT THE BOARD FILE A REQUEST WITH FMHA TO REVIEW AND REVISE THE RATE STRUCTURE,, AND THEY HAVE SOMETHING OVER 300 SIGNATURES ON A PETITION TO THIS EFFECT. HE STATED THAT THE GIFFORD WATER CUSTOMERS WERE PAYING THE HIGHEST WATER RATES OF ANY SECTION OF THE COUNTY PRIOR TO JUNE IST, AND POINTED OUT THAT A PROMISE WAS MADE THAT THE GIFFORD WATER CUSTO- MERS WOULD, IF FEASIBLE, RECEIVE A REDUCTION IN RATES PROVIDING THERE WAS A SUBSTANTIAL INCREASE IN CUSTOMERS, THERE WERE 400 CUSTOMERS, AND THERE ARE NOW ABOUT 700. CHAIRMAN SIEBERT INFORMED MR. LUNDY THAT THE BOARD HAS JUST GONE THROUGH ALL BUDGETS, AND THE GIFFORD WATER SYSTEM OPERATED AT A LOSS. MR. LUNDY STATED THAT NEW CUSTOMERS ARE BEING DISCOURAGED BY THE HIGH RATES, AND SOME CUSTOMERS WITH SEWER AND WATER ARE FACED WITH DOUBLE BILLS; HE FELT THE ONLY HOPE IS TO INCREASE THE NUMBER OF GALLONS ALLOWED AT THE SAME RATES. CHAIRMAN SIEBERT POINTED OUT THAT THIS WOULD COMPOUND THE PROBLEM BY DECREASING REVENUES, AND COMMISSIONER WODTKE COMMENTED THAT IT IS POSSIBLE TO PLAY WITH THE MINIMUM AMOUNT, BUT WE ARE TAKING TREATED WATER FROM THE CITY OF VERO BEACH AND RUNNING IT THROUGH THE DISTRIBUTION SYSTEM, AND WE HAVE TO PAY THE CITY FOR THE WATER THAT COMES OUT OF THEIR METER. COMMISSIONER WODTKE CON- TINUED THAT WE HAVE A 12% LOSS OF WATER THAT IS NOT BEING METERED, AND THAT IS A HIGH LOSS. THERE HAS BEEN BREAKAGE IN THE LINES BETWEEN THE METERS AND THE HOMES, AND THERE HAVE BEEN SOME VERY HIGH WATER BILLS. HE STATED THAT WE CAN ASK FMHA TO COME IN AND LOOK AT OUR BOOKS AND CHARGES AND SEE IF THEY CAN DETERMINE ANY WAY WE CAN LOWER THE RATES, BUT POINTED OUT THAT THE RATES ARE SIMILAR THROUGHOUT THE COUNTY AND, HOPEFULLY, WITHIN THE NEXT FEW YEARS, WE WILL HAVE A NEW SYSTEM. CHAIRMAN SIEBERT REALIZED THEY ARE ASKING THE BOARD TO REDUCE THE RATES TO ATTRACT NEW CUSTOMERS AND THEREBY INCREASE THE REVENUE, BUT HE DOUBTED THAT FMHA AND THE BOND COMPANY WILL ALLOW US TO DO THAT. HE NOTED THAT ONE OF THE ALTERNATIVES PREVIOUSLY DISCUSSED WAS MAKING HOOKUP MANDATORY. 45 800K 45 PAGE - 45 OCT 2 2 1980 OCT 2 21990 mac . 451: PAGE 45 MR. LUNDY COMMENTED THAT THE RATES IN THE CITY ARE LOWER, AND CHAIRMAN SIEBERT STATED THAT YOU CANNOT COMPARE THIS TO THE CITY. ATTORNEY COLLINS EXPLAINED THAT THE BOND ISSUE IS BASED UPON A CERTAIN AMOUNT OF INCOME FLOWING INTO THE SYSTEM. PART OF IT COMES FROM THE RATES AND PART FROM CONNECTION FEES, ETC. IF YOU. LOWER THE RATES, YOU HAVE TO INCREASE THE REVENUE SOME PLACE ELSE. MR. LUNDY NOTED THAT THE TAP -IN CHARGES HAVE BEEN INCREASED FROM $250 TO $4001 AND IT WOULD COST A NEW CUSTOMER AROUND $600 TO GET WATER. MANY FAMILIES CANNOT AFFORD THIS. HE CONTINUED THAT MANY HAVE $70.00,$$0.00 AND $100.00 WATER BILLS, AND THEY WANT FMHA TO LOOK INTO THIS. COMMISSIONER LYONS POINTED OUT IN REGARD TO THE WATER IN VERO BEACH BEING CHEAPER THAN WATER IN THE COUNTY THAT THE COUNTY CANNOT PROVIDE THE SERVICE AT THE SAME COST AS SOMEONE WHO WENT INTO THE BUSINESS TWENTY YEARS AGO WHEN CAPITAL COSTS WERE MUCH LESS. COMMISSIONER Loy COMMENTED THAT WE COULD MAKE A REQUEST OF FMHA, BUT FELT WE SHOULD GIVE CONSIDERATION TO THE FACT THAT THOSE RATES WERE ORIGINALLY DESIGNED BECAUSE WE WERE SUPPOSED TO COME UP WITH A CERTAIN NUMBER OF CUSTOMERS. THIS SYSTEM HAS LOST MONEY SINCE THE BEGINNING, AND IT IS VERY PROBABLE THAT FMHA MIGHT SAY THAT WE CANNOT MEET OUR COMMITMENTS AT THE PRESENT RATE, COMMISSIONER WODTKE NOTED THAT IN THE COMMUNITY DEVELOPMENT GRANT PREAPPLICATION, DOLLARS ARE SET ASIDE THAT HOPEFULLY CAN BE USED TO BE OF ASSISTANCE WITH THE TAP -IN FEES. HE FURTHER NOTED THAT ALTHOUGH FMHA INDICATED THEY COULD ASSIST INDIVIDUALS WITH THE TAP -IN FEES BY MAKING LOANS AT A VERY LOW INTEREST BASIS, THEY HAVE NOT RE- CEIVED EVEN ONE APPLICATION. IN ADDITION, WE HAVE LOOKED FOR GRANT PROGRAMS TO ASSIST THOSE WHO CANNOT AFFORD THE TAP -IN FEES, COM- MISSIONER WODTKE CONTINUED THAT SINCE JUNE IST OF THIS YEAR, THERE HAVE BEEN ONLY SEVEN ADDITIONAL CUSTOMERS; S0, IT LOOKS AS IF WE ARE NOT GOING TO GET MANY MORE CUSTOMERS AND POSSIBLY WE MIGHT HAVE TO RAISE PRICES. VALERIE GRANT INFORMED THE BOARD THAT SHE WORKS WITH MR. LUNDY ON THE WATER COMMITTEE AND SHE DID CONCUR WITH MR. VIODTKE ABOUT RATES POSSIBLY GOING UP AND WITH THE IDEA OF APPLYING FOR GRANTS. SHE WAS GLAD TO HEAR THERE WAS A POSSIBILITY OF USING COM- iiwY DEVELOPMENT GRANT FUNDS FOR'THIS PURPOSE. 46 - CHAIRMAN SIEBERT POINTED OUT THAT THE COMMUNITY DEVELOP- MENT FUNDS ONLY CAN BE USED WITHIN THE TARGET AREA, NOT THE ENTIRE AREA OF GIFFORD. THE FEDERAL GOVERNMENT HAS INDICATED THAT WE MUST HAVE A TARGET AREA, MS. GRANT STATED THAT SHE IS+ WILLING TO YIELD TO OTHER THINGS FOR BETTER WATER RATES BECAUSE THEY CANNOT DEVELOP AND MOVE FORWARD WITHOUT GOOD WATER. SHE CONTINUED TO DISCUSS THE USE OF COMMUNITY DEVELOPMENT MONEY AND FELT IT HAS BEEN USER TO CONTROL BEACH EROSION. CHAIRMAN SIEBERT INFORMED HER THAT THE COMMUNITY DEVELOPMENT MONEY HAS NEVER BEEN USED FOR THAT PURPOSE, BRENDA BURGESS ASKED WHAT IT COSTS TO OPERATE THE GIFFORD SYSTEM; HOW MUCH IT IS IN THE RED; AND HOW MANY MORE CUSTOMERS ARE NEEDED TO GET THIS SYSTEM IN THE BLACK. SHE THEN REVIEWED THE PRESENT RATES AND FELT THEY SHOULD AT LEAST HAVE THE OPPORTUNITY TO ASK FMHA TO REVIEW THESE RATES. CHAIRMAN SIEBERT INFORMED HER THAT ALL OF THE FIGURES ON THIS OPERATION ARE AVAILABLE IN THE COUNTY FINANCE OFFICES AND REIT- ERATED THAT IF FMHA IS ASKED TO REVIEW, THEY MAY DECIDE IT IS NECES- SARY TO RAISE THE RATES. COMMISSIONER LYONS REAFFIRMED THAT THE FIGURES ARE OPEN TO THE PUBLIC. HE NOTED THAT WE ARE NOT IN A POSITION TO ASK THE REST OF THE COUNTY TO SUBSIDIZE GIFFORD; THE SYSTEM MUST STAND ON ITS OWN. WITH REGARD TO TAP -IN CHARGES, WHICH ARE ABOUT $700, HE DID NOT FEEL YOU CAN GET A SEPTIC TANK AND WELL FOR THAT AMOUNT OF MONEY. COMMISSIONER WODTKE STATED THAT HE DID NOT HAVE ANY OBJECTION TO ASKING FMHA TO COME IN AND LOOK AT THE OPERATION AND THE CHARGES AND DID NOT FEEL IT WOULD GET US IN ANY PROBLEM WITH THE BONDING COMPANY HE COMMENTED THAT WE COULD REACTIVATE THE CITIZENS ADVISORY COMMITTEE AND HAVE THEM WORK WITH FMHA, BUT THE BOARD POINTED OUT THAT IS AN ADVISORY COMMITTEE TO THE BOARD, NOT TO FMHA. 47 OCT 2 21980 Boa 45: WE 47 800K 45 PAGE VERO BEACH MAYOR SCURLOCK FELT THAT BASICALLY EVERYONE REALIZES THERE ARE REVENUE REQUIREMENTS THAT MUST BE MET, BUT A RATE ANALYSIS COULD BE DONE TO DETERMINE THE BEST APPROACH AND THAT IS WHAT IS BEING REQUESTED. HE NOTED THAT YOU CAN REDUCE RATES AT THE LOWER END AND INCREASE THEM AT THE HIGHER END AND THEREBY MAKE UP THE AMOUNT OF MONEY LOST ON THE HIGHER WATER USERS. COMMISSIONER WODTKE COMMENTED THAT THE FIGURES INDICATE THAT THERE ARE 699 CUSTOMERS, AND ONLY 6% OF THEM ARE AT LESS THAN THE MINIMUM. CHAIRMAN SIEBERT AGAIN EMPHASIZED THAT IF WE GO INTO A FULL RATE STUDY, THAT SYSTEM IS GOING TO PAY FOR IT, AND HE WAS AFRAID THE PEOPLE MAY FIND THAT THEY ARE WORSE OFF THAN THEY ARE NOW. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO ASK FOR AN EARLY REPORT OF THE ADVISORY COMMITTEE AS TO THEIR FINDINGS, AND CHAIRMAN SIEBERT ASKED COMMISSIONER WODTKE IF HE WOULD REACTIVATE THAT COMMITTEE. COMMISSIONER WODTKE ASKED WHEN THE AUDIT REPORT ON THE SYSTEM WOULD BE READY AND WHAT SPECIFIC ITEM THE BOARD WANTS TO ADDRESS. FINANCE OFFICER BARTON ADVISED THAT THE TARGET DATE FOR COMPLETION OF THE AUDIT REPORT IS DECEMBER 15, 1980. IT WAS NOTED THAT COMMISSIONER SCURLOCK WAS GOING TO BE THE CHAIRMAN OF THE CITIZENS ADVISORY COMMITTEE. COMMISSIONER LYONS FELT THERE ARE SOME EXPLORATIONS THAT CAN BE MADE AND SOME IDEAS THAT MIGHT COME OUT AND MAYBE WE COULD LEARN IF THERE WOULD BE ANY ADVANTAGE IN SHIFTING THE EMPHASIS IN THE RATES. CHAIRMAN SIEBERT DIRECTED COMMISSIONER WODTKE TO REACTIVATE THE CITIZENS ADVISORY COMMITTEE AND STATED THAT IF THEY RECOMMEND THAT WE SHOULD APPROACH FMHA OR ADJUST THE RATES IN SOME WAY, THE BOARD WILL ADDRESS THE MATTER. BIDS RE LEASE OF COUNTY PROPERTY FOR YOUTH HOME ATTORNEY COLLINS STATED THAT THIS IS NOT A PUBLIC HEARING, BUT AN ADVERTISED BID OPENING FOR A LEASE OF COUNTY -OWNED PROPERTY AS PER THE FOLLOWING NOTICE: RUN =VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J, Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County,. Florida; that the attached copy of advertisement, being in the matter of in the lished in said newspaper in the issues of Ore L. -L 7, j It `y Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. t -s Sworn to and subscribed befor e t is May or �-f � 1 A. D. 42 (Business Manager) (SEAL) (Clerk of the Circuit Cou dian River County, Florida) cv NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners shall accept bids for the lease of county owned pr on October 22, 1980 at 11:00 A.M. in the City Council Chambers in the Vero Beach City Hall, the lease being a forty (40) year lease at the rental of One Dollar ($1.00) per year with a land use restriction limiting the lease to constructing and providing a home for minors between the ages of five and fifteen years who have lived in Indian River County, Florida, and who have been adjudicated dependent, pursuant to the Laws of the State of Florida, upon property described as follows: The South t/2 of the Notch i/2 of the South 1h of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 32 South, Range 39 East, all lying East of Highway U.S. No. 1, said land lying and being in Indian River County, Florida. Board of County Commissioners Of Indian River County, Florida By -s -Willard W. Siebert Jr., Chairman. Oct. 5, 7, 1980. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: EXCHANGE CLUB OF INDIAN RIVER COUNTY $1.00 PER YEAR FOR 40 YEARS ..........$40.00 CHAIRMAN SIEBERT ASKED IF THE ATTORNEY HAS HAD AN OPPORTUNITY TO REVIEW THE LEASE. ATTORNEY COLLI.NS STATED THAT HE HAS REVIEWED THE PROPOSED LEASE FOR THE EXCHANGE HOME OF INDIAN RIVER COUNTY. SUBSTANTIALLY, IT IS IN ACCEPTABLE FORM, THOUGH THERE ARE A FEW MINOR POINTS THAT NEED TO BE MADE IN REGARD TO CONSTRUCTION, ETC. HE RECOMMENDED THAT THE LEASE BE APPROVED SUBJECT TO APPROVAL OF THE CHAIRMAN AND THE ATTORNEY. 49 OCT 2 2-1980 BQQK 45: PAGE49- OCT 2 21980 goo . 45 PAcf 5G ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF THE EXCHANGE CLUB OF INDIAN RIVER COUNTY FOR A LEASE OF COUNTY PROPERTY AS ADVERTISED, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $40.00; APPROVED THE FORTY YEAR LEASE WITH THE EXCHANGE HOME OF INDIAN RIVER COUNTY; AND AUTHORIZED THE CHAIRMAN'S SIGNATURE SUBJECT TO APPROVAL OF THE CHAIRMAN AND THE ATTORNEY. SAID LEASE WILL BE MADE A PART OF THE MINUTES WHEN COMPLETED, PRESENTATION BY DOT REPRESENTATIVE EXPLAINING NEW STATE LAW RE TRANSPORTATION DISADVANTAGED MISS .JAMIE COCHRAN, A REPRESENTATIVE OF THE DOT, CAME BEFORE THE BOARD TO MAKE A PRESENTATION IN RE THE COORDINATING COUNCIL FOR THE TRANSPORTATION DISADVANTAGED, AS EXPLAINED IN THE FOLLOWING LETTER FROM THE DISTRICT PUBLIC TRANSPORTATION OPERATIONS ENGINEER OF THE DEPARTMENT OF TRANSPORTATION. 50 ELj BOB GRAHAM GOVERNOR 780 Southwest 24th Street Fort Lauderdale, Florida September 5, 1980 33315 Mr. Jack Jennings County Administrator Indian River County Courthouse 2145 Fourteenth Avenue Vero Beach, Florida 32960 Dear Mr. Jennings: WILLIAM N. ROSE SECRETARY ti As you may know, in 1979 the Florida Legislature addressed the problems of trans- portation disadvantaged persons including the elderly, handicapped and indigent who are unable to transport themselves or purchase transportation services. Through Florida Statute 427, the Coordinating Council for the Transportation Dis- advantaged was established for the purpose of developing policies and procedures to coordinate federal and state funding for transportation disadvantaged individuals. The Coordinating Council is comprised of the Secretaries of the Departments of Transportation, Community Affairs, Health and Rehabilitative Services and Education together with appointed handicapped members of the general public. The Council's role is to assist local communities in developing transportation systems designed to serve their transportation disadvantaged residents as well as function as an information clearinghouse. With the myriad of federal and state funding sources and the often duplicative services provided by various agencies, the Legislature mandated the selection of a single transportation provider for each county in the state. Inasmuch as the coordination and the provision of transportation services are vital issues to all levels of government as well as the general public, I am requesting that a repre- sentative of the Department of Transportation be placed on your County Commission agenda at your earliest possible convenience to discuss the provisions of the law. I have enclosed a copy of the state statute pertaining to the Coordinating Council. Members of my staff or myself are available to meet with you prior to the Commis- sion Meeting if you desire to discuss the legislation. If you have any questions concerning the law or the arrangements for the meeting, please feel free to contact me at (305) 524-8621. Sincerely, am . es E. Scully, P.E. District Public Transportat n Operations Engineer MISS COCHRAN REPORTED THAT THE LAW REQUIRES THAT A FIVE YEAR STATEWIDE DEVELOPMENT PLAN BE MAINTAINED. SHE EXPLAINED THAT THE TRANSPORTATION DISADVANTAGED GROUP INCLUDES NOT ONLY THE ELDERLY AND HANDICAPPED, BUT THE POOR ALSO. SHE THEN WENT ON TO DISCUSS THE PLAN AND THE PLANNING BODY THAT MUST BE DESIGNATED AND STATED THAT HER PURPOSE IN BEING HERE TODAY IS TO ASK THIS BOARD OR SOME OTHER BODY TO ACCEPT THIS RESPONSIBILITY. SHE EXPLAINED THAT THIS BODY, OR PROVIDER, SHALL BE THE SINGLE SOURCE OF TRANSPORTATION FOR ALL AND CAN FUNCTION EITHER AS AN INFORMATION REFERRAL SERVICE, AS A TRANSPORATION BROKER, OR AS A TRANSPORTATION OPERATOR. OCT 2 21980 51 Box. 45 PAGE 51 aooK 45 %E 52 COMMISSIONER LYONS ASKED IF WE ARE SUPPOSED TO SPEND SOME MONEY IN CONNECTION WITH THIS. MISS COCHRAN STATED THAT THE LEGISLATION DOES NOT HAVE ANY FUNDS FOR THE PLANNING. IT IS ENVISIONED THE PLANNING CAN BE DONE EITHER BY LOCAL PLANNING DEPARTMENTS OR REGIONAL PLANNING COUNCILS. SHE NOTED THAT ALL THE REGIONAL PLANNING COUNCILS IN THE STATE ARE AWARE OF THE LEGISLATION, AND THE DOT NOW IS CONTACTING THE REGIONAL PLANNING COUNCILS AND NEGOTIATING WHAT THEY CAN DO AS A DEPARTMENT TO CONTRIBUTE FINANCIALLY TO THESE PLANS. COMMISSIONER WODTKE ASKED IF THE REGIONAL PLANNING COUNCIL HAS TO DEVELOP A REGIONAL PLAN, AND MISS COCHRAN STATED THAT THEY DO NOT; THAT THERE WILL BE A STATEWIDE PLAN THAT WILL BE MADE UP OF PLANS COMING FROM EACH COUNTY. COMMISSIONER WODTKE ASKED AT WHAT LEVEL IS IT DETERMINED THAT A PERSON IS DISADVANTAGED SO HE CAN BE INVOLVED IN THIS TRANS- PORTATION. MISS COCHRAN STATED THAT THEIR COUNSEL IS WORKING ON DEFI- NITIONS, AND IT PROBABLY WILL BE THE FEDERAL GOVERNMENT S DEFINITION OF LOW INCOME. COMMISSIONER WODTKE ASKED IF THERE WILL BE STATE FUNDS AVAILABLE FOR OUR LOCAL PLAN, AND MISS COCHRAN STATED THAT THERE ALREADY ARE FUNDS BEING EXPENDED IN THIS COUNTY AND THE PURPOSE OF THIS PLAN IS TO ASSURE THAT THE MOST IS BEING GOTTEN FOR THIS MONEY. SOME OF THESE FUNDS, FOR INSTANCE, ARE UNDER SEC. 16B2, THE PROGRAM OF THE COUNCIL ON AGING. CHAIRMAN SIEBERT COMMENTED THAT THE STATE LEGISLATURE PASSED THIS LAW, AND BEFORE WE ACCEPT THE RESPONSIBILITY, THEY WILL HAVE TO TELL US WHERE THE MONEY IS COMING FROM. COMMISSIONER LYONS CONCURRED THAT HE ALSO WOULD HAVE NO INTEREST IN THIS PROGRAM UNTIL WE KNOW WHERE THE MONEY IS COMING FROM, MISS COCHRAN EMPHASIZED THAT IT IS POSSIBLE THEY WILL GET FUNDS FROM THE HIGHWAY PROGRAM TO DO THIS PLANNING. SHE NOTED THAT IF THE COUNTY SHOULD CHOOSE NOT TO BE THE PLANNING BODY, THE DOT HAS THE AUTHORITY TO DESIGNATE ANOTHER BODY. COMMISSIONER WODTKE NOTED THAT THE COUNCIL ON AGING, FOR INSTANCE, HAS FUNDS FOR A LIFT VEHICLE AND ASKED IF THE COUNTY AS A COORDINATING AUTHORITY WILL BE TELLING THEM HOW TO UTILIZE THEIR VEHICLE. MISS COCHRAN STATED THAT THE PURPOSE OF THE PLAN IS TO OUTLINE HOW THE COUNTY WILL UTILIZE THESE VEHICLES AND TO GET ALL THE PEOPLE INVOLVED IN TRANSPORTING TOGETHER AND EVOLVE BETTER UTILIZA- TION. IN FURTHER DISCUSSION, IT WAS NOTED THAT THIS WILL REQUIRE ADMINISTRATIVE EXPENSES AND MORE MONEY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ACCEPTED THE PLANNING RESPONSIBILITY FOR TRANSPORTATION DISADVANTAGED ON THE BASIS THAT IT WILL BE ACTIVATED AT SUCH TIME AS WE RECEIVE FUNDS FOR THIS PURPOSE THROUGH THE DOT, THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:05 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. THE BOARD REVIEWED THE FOLLOWING MEMORANDUM FROM THE ADMINISTRATOR RE SITES FOR THE HUMANE SOCIETY: a OCT 2 2.1980 . goa 45 PAGE 53 OCT 2 21990 October 15, 1980 MEMORANDUM TO: Board of County Commissioners FROM: County Administrator moi X45 , PkcE 64 SUBJECT: Possible Sites for Humane Society Facility ENCLOSURES: #1 - Map of Winter Beach Collection Station #2 - Map of Oslo Landfill Site #3 - Map of South Gifford Landfill Site As directed by the Board of County Commissioners at their September 24, 1980 meeting, I met with Barbara Nolte, President of the Humane Society and Charlie Block, Architect concerning possible building site for a future Humane Society Complex. Three areas were considered. The Winter Beach Collection Station, Oslo Landfill Site and the South Gifford Landfill Site. These areas are discussed as follows: 1. Winter Beach Collection Station - This site is 19.7 Acres and is zoned R1. This area has never been used as a landfill and would be ideal except for the location. We do operate a garbage collection station at this site. Mrs. Nolte felt it was too far from the main population and would discourage the public from utilizing the facility, see Enclosure 1. 2. Oslo Landfill Area - This area is 50.5 Acres and is zoned R1. The landfill was closed August 15, 1977 and all dump areas covered over. We do operate a collection station on part of the area. Two possible sites were considered. Both have buried garbage and would require either excavation or special building procedures to provide a satisfactory foundation. The location in reference to the main population is excellent and an all weather marl road leading to the property is in existence, see Enclosure 2. 3. South Gifford Landfill - This site is 56.1 Acres and is zoned LM1. The landfill was closed August 15, 1977 and all areas covered. Mrs. Nolte was interested in an area just south of South Gifford Road between the Road & Bridge Parking lot and the collec- tion station. There is a strip approximately 75 yards wide that does not have any garbage buried under the surface. Mr. Block felt the building could be designed to take full advantage of this solid ground and thereby save construction costs. This property is in a location that is satisfactory to the Humane Society and convenient to the public. An all weather road is adjacent to the property. The close proximity of a residential area, Palm Gardens, is a major disadvantage. This could be minimized by locating the facility near the Road and Bridge Parking Lot. Further testing and exploration will be required to determine the exact location and whether or not it is economi- cally feasible to build. Rezoning may be a requirement since two of the areas are zoned R1 and one LM1. Kennels and boarding areas are allowed in agricultural zoned areas only. If the Board would agree to a lease within a general area. the Humane Society could conduct necessary detail testing and designing of a site plan prior to drafting of the lease. Neil A. Nelson, County Administrator �ml SOUTH WINTER PUCH SANITARY LANDFILL CrAt� 11ING tr.,4%ftR5 VERO OEACH. `LA t. .; OATE YC. *6 "e OCT 2 21980 BooK 45 PAGE 55 ZI SCALE i°•It? arj SANITARY LAND FILL AREA w per- /yam • V' I'l i'�� o .. - L a� - •- r°-1 ����S'! �N JAZ �•�' R'0 `N tom. 4th 2�� 2� �� 2'' 22 Ec.S*t�•: Elf\ , IxIts, Id•y+ t.ti a - v 220 } 10 r 9.1 i n • ��ji Q . 21! g i y31 L�9 2� 0 N.0 •--ems 1p .0 e' A, 22' yy 111N'; 14P.13' .r,..�..... _" "660 4 Y ..-. --�-------- ----CANAL ✓ tµ�gv�t- `' t • ��1� t���:�i�:tia���� ", :.S.S.�.L��r1.^� , sl�w�� t al,�..i \��`aa:i. �':.•.±.-. �li r•S'JUTH VANTER BEACH ROAD '• - SKETCH DIOWING METHOD OF CLOSING ott'a.'tu Er HE►NOO!,I At;O A:;�C'A•E'� '�. SOUTH WINTER PUCH SANITARY LANDFILL CrAt� 11ING tr.,4%ftR5 VERO OEACH. `LA t. .; OATE YC. *6 "e OCT 2 21980 BooK 45 PAGE 55 OCT -2 21900 45 Put- 56 VGJ SKETCH SHOWING METHOD OF CLOSING THE OSLO SANITARY LANDFILL SITE Score 1"=2,001 a- Sot1rN Gacnnn Au. - c� aSEcav�'R I�EcT�av � j"wP.7a �p �iE.59 E J Baas 45';PA,GE 57' OCT 2 21980 som 45 PAGE 58 ADMINISTRATOR NELSON COMMENTED THAT ALL THESE SITES WOULD REQUIRE REZONING TO EITHER M-1 OR AGRICULTURAL. HE NOTED THAT IF THE BOARD WOULD LIKE TO GIVE THEM PROPERTY IN A GENERAL AREA, THEY COULD GO BACK AND BE MORE SPECIFIC IN THEIR BORINGS, ETC., AND SEE WHERE IT IS FEASIBLE TO BUILD. MR. NELSON RECOMMENDED THE SOUTH GIFFORD ROAD SITE AS NUMBER ONE AND THE WINTER BEACH SITE AS NUMBER TWO. MRS. NOLTE, PRESIDENT OF THE HUMANE SOCIETY, STATED THAT SHE FELT THE SOUTH GIFFORD ROAD AREA IS CLOSER AND MORE SUITABLE. SHE CONTINUED THAT SINCE THEY DO HAVE TO PUT SOME MONEY INTO SEEING WHETHER THE LAND IS FEASIBLE TO BUILD ON, THEY FIRST WOULD LIKE TO KNOW IF THE BOARD WOULD BE AGREEABLE TO A LEASING ARRANGEMENT. COMMISSIONER LYONS STATED THAT HE CERTAINLY WOULD VOTE FOR A LONG TERM LEASING ARRANGEMENT AND WOULD HOPE THAT THE SOUTH GIFFORD ROAD LOCATION WOULD BE SATISFACTORY SINCE IT IS A MORE CENTRAL LOCATION. MRS. NOLTE NOTED THAT ANOTHER PROBLEM THERE IS THE REZONING AND ANY OBJECTIONS THAT MIGHT COME WITH IT. CHAIRMAN SIEBERT STATED THAT HE WOULD ANTICIPATE THE COUNTY WOULD INITIATE THE REZONING AND GET PUBLIC REACTION FIRST. MRS. NOLTE FELT IT WAS LIKELY THERE WOULD BE MORE ADVERSE REACTION AT THE SOUTH GIFFORD LOCATION, BUT COMMISSIONER WODTKE NOTED THAT IS ALREADY ZONED LM -1, AND HE DID NOT FEEL THERE WOULD BE ANY DIFFERENCE IN OBJECTIONS AT EITHER LOCATION, CHAIRMAN SIEBERT FELT WE SHOULD GO THROUGH REZONING FIRST, BUT COMMISSIONER WODTKE COMMENTED THAT HE DID NOT WANT TO GO THROUGH THE REZONING UNLESS WE ARE GOING TO USE THE SITE. ARCHITECT CHARLES BLOCK INFORMED THE BOARD THAT THE INVESTI- GATION THAT WOULD HAVE TO BE DONE IS NOT EXTREMELY EXPENSIVE. HE COM- MENTED THAT THERE IS EXISTING R-1 ZONING IN THE SOUTH GIFFORD AREA VERSUS THE WINTER BEACH AREA AND NOTED THAT PHYSICALLY THE WINTER BEACH PROPERTY IS BETTER SINCE THEY WOULD HAVE TO WORK WITHIN THE RESTRAINT OF 75` AT SOUTH GIFFORD. HE FELT THEY NEED DIRECTION. COMMISSIONER WODTKE INQUIRED ABOUT THE AMOUNT OF LAND NEEDED, AND MR. NELSON STATED THAT THEY ARE REQUESTING 5 TO 7 ACRES, AND THE AREA ON SOUTH GIFFORD ROAD WAS FIVE ACRES. COMMISSIONER VIODTKE ASKED ABOUT THE DISPOSITION OF ANIMAL CARCASSES, AND MRS. NOLTE STATED THERE WOULD BE AN INCINERATOR ON THE PROPERTY. IN FURTHER DISCUSSION, THE BOARD GENERALLY AGREED THEY WOULD SUPPORT THE SOUTH GIFFORD SITE. DISCUSSION THEN ENSUED ON AUTHORIZING THE ATTORNEY TO ADVERTISE THE REZONING PENDING A FAVORABLE REPORT ON THE SOIL BORINGS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER WODTKE, TO AUTHORIZE THE ATTORNEY TO ADVERTISE THE SOUTH GIFFORD SITE FOR REZONING PENDING A FAVORABLE REPORT ON THE SOIL BORINGS. MR. BLOCK ASKED IF THAT MEANT IF THEY ARE NOT SATISFIED WITH THE SOUTH GIFFORD SITE, THEY CAN GO ON TO THE WINTER BEACH SITE, AND COMMISSIONER LYONS STATED THAT HIS MOTION WAS BASED ON THE SOUTH GIFFORD SITE. ATTORNEY COLLINS ASKED IF THE BOARD WISHED THIS REZONING TO BE A DIRECT COMMISSION ACTION OR WHETHER IT SHOULD GO THROUGH PLANNING FIRST. COMMISSIONER LOY FELT THE MORE GROUPS THAT ADDRESS THE SITUA- TION, THE BETTER INFORMATION WE HAVE OUT TO THE GENERAL PUBLIC, AND IT WAS GENERALLY FELT IT SHOULD GO THROUGH PLANNING FIRST. ATTORNEY COLLINS NOTED THAT THE BOARD PREVIOUSLY WAS TALKING ABOUT THE BALANCE OF THE PROPERTY BEING A FAIRGROUND, AND ASKED IF THE BOARD WISHED TO REZONE THE BALANCE OF THE PROPERTY TO PERMIT FAIRS AND CARNIVALS. DISCUSSION FOLLOWED, AND IT WAS THE GENERAL CONSENSUS OF THE BOARD TO LEAVE THE BALANCE OF THE PROPERTY AS IT IS AND RESTRICT THE REZONING TO THE FIVE ACRES. COMMISSIONER LYONS SUGGESTED THAT WE SHOULD HAVE SOME IDEA OF WHAT THE NEW SITE PLAN WILL LOOK LIKE AND THIS WOULD BE PART OF SELLING THE REZONING. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. DISCUSSION FOLLOWED IN REGARD TO A SURVEY, AND ADMINISTRATOR NELSON STATED THAT THIS IS WITHIN THE COUNTY'S PROPERTY AND WE CAN TELL WHERE THE FIVE ACRES IS BUT IT WON'T BE A CERTIFIED SURVEY. 59 sooK 45 PAGE 59 OCT 2 21980 OCT 2 21900 BOOK r 46 PAGE' 60 CHANGE ORDERS - RENOVATION COURTHOUSE & ADMIMINISTRATION BUILDING CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS CAME BEFORE THE BOARD TO REVIEW CHANGE OkbE-k #3 ON THE RENOVATION OF THE COURTHOUSE. HE NOTED THAT THIS CHANGE ORDER CONTAINS SIX ITEMS. ITEM I CONCERNS EXISTING EXHAUST LOUVERS THAT ARE NO LONGER IN USE AND BECAUSE OF THE POSSIBILITY OF NOISE, THESE ARE TO BE CLOSED UP. MR. KONTOULAS RECOMMENDED THE APPROVAL OF THIS ITEM, AS WELL AS ALL THE OTHER ITEMS ON THE CHANGE ORDER. ITEM 2 CALLS FOR RELOCATING TOILETS FROM THE ORIGINAL PLANS. THIS WAS IN CONJUNCTION WITH ONE OF JUDGE SMITH`S REQUEST LETTERS. IN THE ORIGINAL PLANS, WE ALLOTTED NEW TOILETS FOR EACH JUDGE S OFFICE, ONE RESTROOM FOR THE SECRETARIES, AND ONE FOR THE JURY ROOMS. THEY REQUIRE TWO RESTROOMS FOR THE JURY ROOMS, AND THESE WERE MOVED BACK TO BACK. CHAIRMAN SIEBERT ASKED IF THIS IS A VERY LARGE MATTER TO THE CONTRACTOR, AND MR. KONTOULAS STATED THAT ACTUALLY IT IS CHEAPER TO HAVE THE TOILETS BACK TO BACK. DISCUSSION FOLLOWED ON THE CHARGES INVOLVED IN THIS CHANGE, AND MR. KONTOULAS INFORMED THE BOARD THAT THE ORIGINAL COST FOR THE CHANGE WAS AROUND $5,000, AND AFTER GOING OVER THIS THREE TIMES, THEY HAVE GOTTEN THE COST DOWN TO $3,533. COMMISSIONER WODTKE COMMENTED ON A CHARGE OF 4% FLORIDA SALES TAX ON MATERIALS AND ASKED IF WE PAY SALES TAX ON MATERIALS WE ARE PUTTING IN THE COURTHOUSE. ADMINISTRATOR NELSON NOTED THAT WE WOULD NOT HAVE TO PAY IT IF THE COUNTY WERE ITS OWN CONTRACTOR, BUT REINHOLD IS CHARGING US FOR THE TAX HE HAS TO PAY. COMMISSIONER WODTKE DID NOT FEEL THAT REINHOLD SHOULD HAVE TO PAY THIS TAX WHEN BUYING FOR THE COUNTY; ATTORNEY COLLINS WAS OF THE OPINION THAT IF THE CONTRACTOR HAS TO GQ IN THE MARKETPLACE AND BUY, HE HAS TO PAY THE SALES TAX. COMMISSIONER WODTKE WAS NOT CONVINCED AND REQUESTED THAT THIS BE CHECKED INTO FURTHER. CHAIRMAN SIEBERT INQUIRED ABOUT THE CHANGE IN DIMENSIONS NOTED IN ITEM 2 OF CHANGE ORDER 3. AM MR. KONTOULAS EXPLAINED THAT THE ORIGINAL DIMENSION BETWEEN THE CIRCUIT JUDGES' OFFICES AND THEIR SECRETARIES' AREA DID NOT ALLOW ENOUGH ROOM FOR SECRETARIES AND FILES; SO, THE JUDGES' WALLS WERE MOVED BACK Z'. THIS ACTUALLY WAS DONE PRIOR TO THIS APPROVAL. CHAIRMAN SIEBERT ASKED WHAT WOULD HAPPEN IF THE BOARD SHOULD NOT APPROVE THIS CHANGE, AND THE ATTORNEY STATED THAT THE CON- TRACTOR WOULD HAVE TO MOVE THE WALL BACK AT HIS OWN EXPENSE. MR, KONTOULAS CONTINUED THAT THIS MOVE INVOLVED SOME CAHNGES IN THE CEILINGS, AND SOME ACOUSTICAL AND ELECTRICAL WORK. COMMISSIONER WODTKE QUESTIONED $75.00 FOR SMALL TOOLS AND EQUIPMENT, AND MR. KONTOULAS NOTED THAT THERE ARE A MULTITUDE OF SMALL TOOLS THIS COULD BE, AND HE DID NOT CHECK ON THIS DOWN TO THE LAST DETAIL. DISCUSSION CONTINUED IN REGARD TO THE RELOCATION OF THE TOILETS, AND CHAIRMAN SIEBERT ASKED IF WE WILL GET SOME CREDIT BE- CAUSE BACK TO BACK IS CHEAPER. MR. KONTOULAS STATED THAT WE WILL RECEIVE SOME CREDIT ON THE CEILINGS. COMMISSIONER LYONS ASKED IF THIS WALL WAS IN A DIFFERENT PLACE ON THE ORIGINAL PLAN, AND MR. KONTOULAS STATED THAT IT IS A BRAND NEW WALL. COMMISSIONER LYONS ASKED WHY WE SHOULD PAY TO CHANGE IT WHEN IT WASN'T ON THE ORIGINAL PLAN, AND MR. KONTOULAS STATED THAT IT WAS CONSTRUCTED WHEN THIS CHANGE CAME ABOUT. THE CONTRACTOR DID THE CHANGE HIMSELF. COMMISSIONER LYONS STILL DID NOT UNDERSTAND THE ADDITIONAL COST FOR THE WALL WHEN IT WAS NEVER BUILT BEFORE, AND MR. KONTOULAS EXPLAINED THAT IT RESULTED IN A CHANGE OF SOME OF THE CEILINGS. DISCUSSION CONTINUED IN DETAIL ABOUT THE FACT THAT THE JUDGES APPROVED THE ORIGINAL PLAN AND THEN REQUESTED THIS CHANGE, AND CHAIRMAN SIEBERT WISHED TO KNOW WHAT WOULD HAPPEN IF THE JUDGES DID NOT LIKE THE WALL AGAIN. HE FELT ANY REQUESTS FOR CHANGES IN THE DESIGN SHOULD BE MADE TO THE BOARD. IN FURTHER DISCUSSION, IT WAS FELT THE BOARD HAD PREVIOUSLY AGREED TO SOME CHANGES REQUESTED BY THE JUDGES. COMMISSIONER WODTKE OCT 2 21980 61 Booz' - 45 PAGE, f 1 OCT 2 21-990 Boos 45 PAu 62 NOTED THAT WE JUST HAVE TO DEPEND ON MR. KONTOULAS TO SCRUTINIZE THESE CHANGE ORDERS AS CLOSELY AS POSSIBLE. HE POINTED OUT THAT THIS ALREADY HAS BEEN REWORKED THREE TIMES. MR. KONTOULAS WENT ON TO REVIEW ITEM 3, NOTING THAT AT THE NORTH END OF THE COURTHOUSE THERE ARE TWO ABANDONED VENTS AND A HOUSING, WHICH ACTUALLY ARE NOTHING BUT CARDBOARD, AND HE HIGHLY RECOMMENDED THAT THIS BE REMOVED; IT IS AN OLD EXHAUST SYSTEM; WE GET PIGEONS WAY BACK INSIDE IT; IT IS HINDERING OUR ROOFING AND IS A WATER PROBLEM. MR. KONTOULAS INFORMED THE BOARD THAT ITEM 4 IS IN RESPONSE TO A LETTER WRITTEN BY JUDGE SMITH AND IS ZERO COST. IN REGARD TO ITEM 5, HE NOTED THAT JUDGE STIKELEYHER WANTED A GLASS PANEL DOOR REPLACED WITH WOOD, BUT IT WAS COSTLY AND HE, THEREFORE, REQUESTED THAT THE ARCHITECT DELETE THIS ITEM BECAUSE OF THE COST. HE CONTINUED THAT ITEM 6 INVOLVES THE ROOF ON THE NORTH END OF THE COURT; THERE IS FROM 6" TO 8" OF WATER UNDERNEATH THE ROOF IN THIS AREA. MR. KONTOULAS STATED THEY CAME UP WITH TWO ALTERNATIVES AND DECIDED TO GO WITH THE SECOND, WHICH IS TO REMOVE THE EXISTING INSULATION AND ROOFING AND REPLACE IT WITH THE 2" INSULATION WE HAVE AT THE ADMINIS- TRATION BUILDING AND NEW ROOFING AND GRAVEL. HE NOTED THAT THIS ROOF WAS IN SUCH BAD CONDITION THATiWE COULD NOT -INSTALL. ALUMINUM OVER THE SPONGY ROOF. COMMISSIONER LYONS ASKED IF ALL THIS WATER IS SOAKED UP IN. THE OLD INSULATION, AND MR. KONTOULAS STATED THAT IT IS, AND SOME HAS FOUND ITS WAY INTO THE COMMISSION ROOM, WHICH IS WHY THE WALLPAPER WAS PEELING OFF THE WALL. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY; THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER NUMBER 3 FOR THE INDIAN RIVER COUNTY COURTHOUSE IN THE AMOUNT OF $7,448.311 PER THE FOLLOWING SUMMARY, THE REMAINDER OF THE DOCUMENT BEING ON FILE IN THE OFFICE OF THE CLERK. 62 CHANGE CAVNIR ARCIiITITFCT Cl [ Cp ORDER CC)NIRAC IOR FIELD ❑ AIA DOCUMENT 0701 OTHER 3,533.07 11Itu1ECT: _ Indian River County (name, address) County Courthouse Vero Beach, Florida CI(AN(,,F ORDER NUMBER: Three (3) TC) (Contractor) ARCHITECT'S PROJECT NO: 9364 Reinhold Construction CONTRACT FOR: Additions & Renovations P. 0. Box 666 Cocoa, FL 32922 L CONTRACT DATE: April 2, 1980 You are directed to make the following changes in this Contract - Item 1 CP 9364-1(2) $ 250.00 At request of owner to insure against sound transmission between the two courtrooms. Item 2 CP -5 3,533.07 At the request of the owner added toilets and changed dimensions of judges' offices- ffices.Item Item 3 CP -7 1,627.08 At request of owner -remove the abandoned vent and fans on the roof and blockup. Item 4 CP -10 -0- ` Revises jury boxes at owner's request Item 5 CP -11 Deleted Replace existing glass door panels with wood at owner's -0- request. Item 6 CP -15 ((Item 2) Remove existing deteriorated (concealed) insulation and replace 2,288.16 _ same fi7 l,l,g_ tl The original Contract Sum %#as . . . . . . . . . . . . . . . . . . . . . S 689,000.00 Net change by previous Change Orders . . . . . • • • • • . • •S 8,647.86 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . .S 697,647.86 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . . . S 7,448.31 The new Contract Sum including this Change Order will be . . . . . . . . . . . S 705,096.17 The Contract Time will be (increased) (decreased) (unchanged) by ( -0- ) Days. The Date of Completion as of the date of this Change Order therefore is N/A CONNELL METCALF & EDDY RFTNII01,1) CONSTRUCTION_ _ 1R��TEycT Dixie Highway — -- f�. �_ !iu`�-66E'- - - - ------ Address Address Coral Gabin�, FL 33134 Cocoa, BY- — BY- DATE Y_DATE 0 - DATE r AIA DOCUMENT G701 • CHANGE ORDER . APRIL 1970 EDITION • AIA • ® 1970 • THE AMILRICAN INSTITUTE OF ARCHITECTS, 1774 NEW YORK A%'E., NW. WASHINGTON, D.C. 20006 OCT 2 2 1980 INDTAN RIVER COUNTY COM%ITSSION WNEq 2145 14th Avenue Address Vero Beaeh,_FL 2960 BYi/�Y— L� DATE ?o - O%E PAGE Boa.. 45- FuE.. 63 OCT z 2 1980 �o 4a pAcE -64 CHAIRMAN SIEBERT ASKED IF ANY OF THE APPROVED CHANGES WILL HOLD UP CONSTRUCTION ON THE COURTHOUSE, AND MR. KONTOULAS REPORTED THAT WE HAVE NOT BEEN REQUESTED FOR AN EXTENSION OF TIME SO FAR. COMMISSIONER LYONS AND CHAIRMAN SIEBERT TALKED ABOUT DELAYS AND THE COST OF KEEP PERSONNEL IN RENTAL OFFICES. COMMISSIONER LYONS SUGGESTED THAT IF MR. KONTOULAS HAS A CRITICAL CHANGE ORDER READY, THE BOARD SHOULD CALL A SPECIAL MEETING SO WE DONT HOLD UP THE ARCHITECT. MR. KONTOULAS INFORMED THE BOARD THAT ANY CHANGE ORDER PRESENTED HAS BEEN DISCUSSED WITH THE'ARCHITECT AND CONTRACTOR AND POSSIBLY CHANGED SEVERAL TIMES. IF ANY OF THESE CHANGES HAVE CAUSED ADDITIONAL TIME, THE CONTRACTOR WILL ASK FOR IT AT THE COMPLETION OF THE JOB. WE DO NOT HAVE ANY DETERMINATION OF ANY POSSIBLE TIME EXTENSION RIGHT NOW AND DON T WANT TO GIVE THEM AN OPEN OPTION ON EXTENSION. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT AT THE NEXT MEETING HE WILL HAVE A COMPLETELY UP TO DATE FINANCIAL REPORT ON THE ADMINISTRATION BUILDING. CHANGE ORDER #IO ON THE COUNTY ADMINISTRATION BUILDING WAS NEXT REVIEWED. MR. KONTOULAS FELT THESE CHANGES ON THE SECOND FLOOR WERE DUE TO LACK OF INVESTIGATION DURING THE FIRST STAGE BECAUSE THESE MATTERS WERE BROUGHT TO THE ARCHITECT `S ATTENTION BUT WERE NEVER FULLY INVESTIGATED. HE RECOMMENDED THAT CHANGE ORDER #.{10 BE APPROVED. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER WODTKE, TO APPROVE ALL SIX ITEMS ON CHANGE ORDER #10 RE THE COUNTY ADMINISTRATION BUILDING IN THE AMOUNT OF $40,789.47. COMMISSIONER WODTKE INQUIRED ABOUT THE STATEMENT ON ITEM 0 THAT IT WAS ANTICIPATED THAT THE CITY OF VERO BEACH ELECTRIC COMPANY WOULD DO THE WORK, AND MR. KONTOULAS STATED THAT SOMEHOW THE ARCHI- TECT'S MISTAKENLY HAD THE CONCEPTION THAT THE CITY WOULD DO THIS WORK AND THAT IS WHY IT WAS NOT INCLUDED AT THE TIME OF BIDDING. ITEM 2, WHICH IS IN THE FINANCE DEPARTMENT ON THE SECOND FLOOR ALSO WAS NOT IN THE PLANS AT THE TIME OF BIDDING. ITEM 3 IS A DRY GOODS STORAGE ROOM, WHICH WAS REQUESTED FOR APPLIANCE STORAGE IN THE EMPLOYEES LOUNGE. ITEM 4 ARE ITEMS IN THE PROPERTY APPRAISER'S AREA WHICH WERE ORIGINALLY ON THEIR PRINT TO BE INCORPORATED IN THE CONSTRUCTION DRAWINGS, AND THEY WERE LEFT OUT. MR. KONTOULAS CONTINUED THAT HE FELT ITEM 5 IS IMPORTANT AS IT RELATES TO THE AIR CONDITIONING AND PROVIDING A WAY TO BE ABLE TO REPLACE THE FILTERS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SUMMARY OF CHANGE ORDER 10, COUNTY ADMINISTRATION BUILDING, IS HEREBY MADE A PART OF THE MINUTES, THE REMAINDER OF THE DOCUMENT BEING ON FILE IN THE OFFICE OF THE CLERK. 65 OCT 2 21.980 Boor ' 45 ' PAGE 65 OCT 2 2.1980 CHANGE011NER ❑ ARCHIL I CT ORDER CONTRACTOR n f ILLD MA DOCUAILNT 6701 OTHER PROJECT: Indian River County (name, address) County Administration Building TO (Contractor) Reinhold Construction, Inc. P. 0. Box 666 Cocoa, FL 32922 BOOK 45 41167 66 CHANGE ORDER NUMBER: -Ten (10) _-1 ARCI 111 ECT'S PROJECT NO: 9463 CONIRACT fOR: Additions and Renovations L CONTRACT DATE: April 2, 1980 You are directed to make the following changes in this Contract: Item 1 CP -4C $ 5,108.68 At owner's request, per letter of 5/9/80 Item 2 CP -4D 3,245.38 This is a first line cost item and was not in the plans at the time of the bidding. Ttcm 3 CP -411 1,900.14 At the owner's request per letter of 5/9/80 Item 4 CP -4I 2,544.87 At the owner's request per letter of 5/22/80 Item 5 CP -10 16,553.18 This was a concealed, unforeseen condition as a result of substandard construction and must be corrected. Item 6 CP -11 11,437.22 This is a first line cost item not on the plans at the $40,789.47 time of hiddTng, as it was antic.illntrd that the City of Vero Beach Electric Company would do the work. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 2,748.000.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 78,137.23 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 2,826,137.23 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order. . . $ 40, 789.47 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2, 866, 926.70 The Contract Time will be (increased) (decreased) (unchanged) by ( -0- ) Days. the Date of Completion as of the date of this Change Order therefore is N/A CONNELT,MF,TCALF &_EDDY_ Pf3iN')' T• -Dixie flif;hw1y_.' Address _-- Coral Gable FL 33134 HY-. - - — — - -� DATE_— RETNIIOLD. CONSTRUCTION INDIAN_RUER_COUNTY—COPWSSION CON T RACTOR OWNER P., O. -Box 666------_-�_ 2145—L4th Itvc.----- Address Address Cocoa, FI= 32922_- Vero B ch, F, 29 0 BYBY DATE e,' / 7 J" J DATE Alk DOCUMENT G701 • CHANCE ORDER • APRIL 1970 EDITION • A(A'R' • 0 1970 • THE ONE PAGE AssERICA% 1-%5TIlLl1 Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 UTILITY DIRECTOR GEORGE LINER INFORMED THE BOARD THAT HE HAS AN EXERPT FROM A REPORT BY ENGINEER JOHN ROBBINS ON THE STATUS OF THE GIFFORD AREA SEWAGE IMPROVEMENTS. THE FINAL PLAN AND SPECS FOR THE REDESIGN OF THE GIFFORD SEWAGE TREATMENT PLANT AND ASSOCIATED WORK ARE BEING PREPARED IN VERO BEACH. THE ANTICIPATED COMPLETION DATE IS OCTOBER 27TH. MR. LINER COMMENTED THAT AT THE LAST MEETING, THE BOARD DID AUTHORIZE THE POSSIBILITY OF NEGOTIATING THE CONTRACT RATHER THAN REBIDDING FOR THIS PROJECT BECAUSE WE HAVE A DEADLINE TO MEET, AND THEY ARE STILL WORKING IN THAT DIRECTION. HE CONTINUED THAT SOME SUPPLEMENTARY WORK WAS DONE FOR CONSIDERATION AS TO THE POSSIBILITY OF LOOKING INTO COSTS FOR SEWER SERVICE TO GEOFFREY'S SUBDIVISION AND THE MIDDLE 6 AND 7 SCHOOLS. COMMISSIONER LYONS NOTED THAT COMMUNITY DEVELOPMENT DIRECTOR REGAN WOULD HAVE LIKED TO HAVE BEEN ABLE TO HOOK THE GEOFFREY SUBDI- VISION INTO THE CITY OF VERO BEACH SYSTEM, BUT BECAUSE OF PAST HISTORY, HE SUGGESTED THAT THEY LOOK INTO PUTTING IT IN THE GIFFORD SYSTEM. COMMISSIONER WODTKE BROUGHT UP THE POSSIBILITY, IF WE WERE TO BE FUNDED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, OF CHECKING INTO WHETHER THAT WOULD BE PERMISSIBLE FUNDING AND WHETHER THE COST OF THE LINE DOWN U.S.1 MIGHT BE A LEGITIMATE COST. HE NOTED THE PROGRAM HAS COSTS SET ASIDE FOR WATER SERVICE, AND WHILE THE GEOFFREY SUBDIVISION HAS WATER SERVICE, THEY DONT HAVE SEWER SERVICE. MR. LINER INFORMED THE.BOARD THAT THE INFORMATION FROM ENGINEER ROBBINS' REPORT WAS GIVEN TO COMMUNITY DEVELOPMENT DIRECTOR REGAN, BUT HE DECIDED THE COST WOULD BE PROHIBITIVE. ENGINEER ROBBINS REPORTED THAT HE DID PREPARE A PRELIMINARY DESIGN TO INSTALL A COLLECTION SYSTEM, PUMPING STATION, ETC., AS CALLED FOR IN THE 201 PROGRAM, IN GEOFFREY SUBDIVISION; THERE ARE ABOUT 177 HOMES IN THAT AREA, AND THE FIGURE WAS IN EXCESS OF $550,000. THE MAJORITY OF THE COST INVOLVED WAS IN THE FORCE MAIN ITSELF, WHICH WAS ABOUT 11,000' LONG. OCT 2 2 1980 67 BOOK 45 pAcc 68 INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT ALTHOUGH THE COST MAY BE EXCESSIVE, IF YOU COST IT INTO THE GIFFORD SYSTEM, HE FELT THERE MAY BE FUNDS AVAILABLE FROM FMHA ITSELF, AND IT COULD BECOME AVAILABLE THROUGH OUR OVERALL 20 MILLION GRANT. ENGINEER ROBBINS AGREED THAT THERE COULD BE SOME OF THE CONTINGENCY FUNDS LEFT OVER, AND THERE ALSO ARE PROJECT FUNDS LEFT OVER. HIS ESTIMATION WAS THAT THERE WILL BE ABOUT $1.80,000 IN CONTINGENCY, AND SOME OF THOSE FUNDS COULD BE USED TO OFFSET THE COST UNDER A HUD BLOCK GRANT PROGRAM. CHAIRMAN SIEBERT POINTED OUT THAT IT IS ALL TAX MONEY, AND HE WAS NOT SURE THAT WE SHOULDNIT WAIT ON THAT AND USE SEPTIC TANKS UNTIL THE NORTH COUNTY PLANT GOES IN. COMMISSIONER LYONS NOTED THAT IF WE CAN PUT IN A PART OF WHAT WE HAVE GOT FIGURED AS A PART OF THE 201 FACILITIES PLAN, MAYBE WE SHOULD TAKE ADVANTAGE OF THAT OPPORTUNITY. IF THIS IS NOT PART OF A TOTAL INTEGRATED PLAN, COMMISSIONER LYONS AGREED THAT THE COST IS EXCESSIVE TO SPEND FOR A SMALL SUBDIVISION. ENGINEER ROBBINS CONTINUED DISCUSSING TRYING TO TI -E THIS IN WITH THE 201 PLAN AND POSSIBLY WORKING WITH COMMUNITY DEVELOPMENT, CHAIRMAN SIEBERT DID NOT FEEL THE BOARD WOULD WANT TO GIVE DIRECTION TO INCLUDE THIS IN THE COMMUNITY BLOCK DEVELOPMENT PREAPPLI- CATION BECAUSE IT WOULD AMOUNT TO OVER 1/3 OF THE FUNDS REQUESTED. THE INTERGOVERNMENTAL COORDINATOR CONCURRED THAT THIS WOULD MUDDY UP THE APPLICATION AND THAT ANY SOLUTION WOULD BE THROUGH FMHA. THE BOARD AGREED THAT THIS SHOULD NOT BE TIED IN WITH THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. ENGINEER ROBBINS THEN DISCUSSED COST SHARING PROGRAMS, PART THROUGH HUD AND PART THROUGH FMHA. HE STATED THAT IF THE BOARD DE- SIRED, HE COULD MAKE SOME INQUIRIES THROUGH VARIOUS FUNDING PROGRAMS TO FIND OUT IF THERE ARE ANY FUNDS AVAILABLE, DISCUSSION CONTINUED AS TO THE FACT THAT $500,000 TO ADD 177 FAMILIES TO THE SYSTEM WOULD NOT BE COST EFFECTIVE, BUT IF THIS WERE PART OF AN OVERALL PLAN, THEN THE MONEY MIGHT NOT BE WASTED AND IT WOULD NOT HURT TO MAKE FURTHER INQUIRIES. 68 VARIOUS WATER & WASTEWATER SERVICE AGREEMENTS BETWEEN CITY OF VERO BEACH AND THE COUNTY CHAIRMAN SIEBERT REMARKED THAT THE ONE THING THAT BOTHERS HIM IN REVIEWING ALL THE VARIOUS AGREEMENTS IS THE REQUIREMENT TO PUT A MORATORIUM ON CONNECTIONS WHEN THE CITY SAYS THEY RUN OUT OF CONNECTIONS. HE FELT THAT IS NOT UNREASONABLE IF THEY RUN OUT OF CONNECTIONS FOR EVERYBODY, INCLUDING THE CITY OF VERO BEACH. ATTORNEY COLLINS STATED THAT IN EVERY AGREEMENT THEY HAVE PROVISIONS RECOGNIZING THAT THE CITY OF VERO BEACH DOES HAVE CAPACITY LIMITATIONS BUT CITY AND COUNTY CUSTOMERS WILL BE TREATED THE SAME, AND HE WOULD NOT THINK THAT A MORATORIUM WOULD BE APPROPRIATE FOR UNINCORPORATED COUNTY CUSTOMERS UNLESS THERE WAS A CORRESPONDING CURTAILMENT WITHIN THE CITY OF VERO BEACH. ATTORNEY COLLINS SUMMARIZED THE CHAIRMAN'S CONCERN AS TO EACH AGREEMENT, NOTING THAT ON THE SOUTH BEACH WATER SERVICE, IT DOESN'T APPLY, AND ON THE SOUTH BEACH WASTEWATER SERVICE, THE SOUTH COUNTY MAINLAND WASTEWATER SERVICE, AND ON THE MID FLORIDA SERVICE AREA WATER AGREEMENTS, IT DOESN'T APPLY EITHER BECUASE THERE IS A LIMITED CAPACITY; S0, WHAT WE ARE TALKING ABOUT IN THIS CONCERN, IS THE NORTH COUNTY MAINLAND WATER SERVICE AGREEMENT WHERE THE CITY IS WHOLESALING WATER TO US, IN THAT AGREEMENT, WE HAVE A CAPACITY LIMITATION OF 700,000 GALLONS PER DAY, ATTORNEY COLLINS WAS NOT OVERLY CONCERNED ABOUT THE CHAIRMAN'S CONCERN BECAUSE HE FELT WE HAVE OUR OWN BUILT-IN LIMITATIONS. HE NOTED IN THEIR DISCUSSIONS THAT PROVISION WAS THOUGHT OF IN TERMS OF SOME SHORT TERM CRISIS THAT MIGHT ARISE AND THEN THE FEELING WAS THAT EVERYBODY WOULD BE TREATED INFORMALLY AND EQUALLY. THE CONTRACT THAT HAS THE GREATEST, FREEDOM IS THE SOUTH BEACH WATER SERVICE AGREEMENT WHICH LIMITS THE CAPACITY TO THE SIZE OF THE LINE; EVERY OTHER AGREEMENT HAS A TOP CEILING. ATTORNEY COLLINS NOTED THAT HIS COMMENTS ARE NOT ADDRESSED TO THE TOWN, CITY,COUNTY SEWER AGREEMENT, WHICH HE FELT SHOULD BE ADDRESSED SEPARATELY. COMMISSIONER WODTKE COMMENTED THAT THESE AGREEMENTS REPRESENT A TREMENDOUS TASK AND THERE A LOT OF CROSS REFERENCES, WHICH HE ASSUMED HAVE BEEN CHECKED CLOSELY TO SEE THAT THEY DO NOT CONFLICT. 69 OCT 2 21980 Boot 45 PAGE fig OCT 2 21980 Boos 45 PAcF- _ 70 ATTORNEY COLLINS INFORMED THE BOARD THAT THERE ARE SOME CONFLICTS BETWEEN THE SOUTH BEACH WASTEWATER AGREEMENT AND THE UNDER- LYING 1973 AGREEMENT. HE STATED THAT HE HAS ALWAYS TAKEN THE POSITION THAT THE CITY HAD ULTIMATE RESPONSIBILITY FOR SEWER SERVICE ON THE SOUTH BEACH, AND BY THIS NEW AGREEMENT, WE ARE LIMITING THAT RESPONSIBILITY TO 600,000 GPD. THE REASON FOR THAT IS THAT THE PHILOSOPHY OF THE CITY NOT EXPANDING THEIR TREATMENT FACILITY ABOVE A CERTAIN LEVEL HAS BEEN ACCEPTED, AND THE 600,000 GPD ALLOCATED IN THE MID FLORIDA AREA WILL BE SWUNG OVER TO THE BEACH. ANOTHER REASON FOR ACCEPTING THIS IS THAT THE'SOUTH BEACH IS TO BE DEVELOPED ON A SINGLE FAMILY BASIS PRIMARILY, WITH THE EXCEPTIONS OF THE MOORINGS. IT IS NOT ANTICIPATED THAT THE MOORINGS WILL HAVE A RE- QUIREMENT OVER 600,000 GPD, AND IF THEY D0, IT IS UP TO THEM TO RESOLVE THAT, AS TO THE CROSS REFERENCES BETWEEN THE VARIOUS AGREE- MENTS, ATTORNEY COLLINS CONFIRMED THAT THESE HAVE BEEN CHECKED CAREFULLY COMMISSIONER LYONS COMMENTED THAT ATTORNEY COLLINS HAS UNDERTAKEN A GARGANTUAN TASK AND DONE A TREMENDOUS JOB OF UNTANGLING THIS MAZE OF AGREEMENTS. CHAIRMAN SIEBERT ASKED IF THE SOUTH BEACH WATER LIMITATION IS THE DESIGNED CAPACITY OF THE LINE THAT IS TO BE CONSTRUCTED, AND ATTORNEY COLLINS STATED THAT IT IS AND EXPLAINED THAT MR. ROBBINS WILL DESIGN A LINE THAT ANTICIPATES MEETING THE ENTIRE SOUTH REACH REQUIREMENTS ON A SINGLE FAMILY BASIS. CHAIRMAN SIEBERT QUESTIONED WHETHER THE CAPACITY LIMITATION IS THE CAPACITY OF THE LINE OR THE CITY`S CAPACITY TO SERVE, NOTING THAT PARAGRAPH % OF THE SOUTH BEACH WATER AGREEMENT CALLS FOR A MORATORIUM ON CONNECTIONS IF THE CITY DECIDES THEY CANNOT PROVIDE FURTHER WATER DUE TO CAPACITY LIMITATIONS. HE WISHED TO KNOW IF THIS COULD RELATE TO THEIR CAPACITY TO PROVIDE FROM THEIR WELLFIELDS. ATTORNEY COLLINS EXPLAINED THAT PARAGRAPH 3 STATES THAT THE CITY ACCEPTS THIS AREA UP TO THE CAPACITY LIMITS OF THE WATER TRANSMISSION LINE TO BE INSTALLED BY THE COUNTY. HE CONTINUED THAT THERE ORIGINALLY WERE REFERENCES IN THE PRIOR DRAFTS TO CAPACITY LIMITATIONS BACK TO THE WELLFIELDS, BUT ALL THOSE REFERENCES ARE DELETED FROM THIS CONTRACT. CHAIRMAN SIEBERT COMMENTED THAT THE COUNTY IS RESPONSIBLE FOR RAISING THE NECESSARY FUNDS TO COMPLETE THE 24" LINE AND ASKED IF WE HAVE REASONABLE ASSURANCE THAT WE CAN GET THAT LINE PAID FOR. ATTORNEY COLLINS ANSWERED THAT WE HAVE NO REASONABLE ASSUR- ANCE RIGHT NOW; WE HAVE A NUMBER OF AVENUES THAT ARE AVAILABLE, BUT IF WE ARE NOT ABLE TO RAISE THE FUNDS THROUGH THOSE AVENUES, THEN THE LINE JUST DOESN'T GET CONSTRUCTED. CONCEPTUALLY WHAT HE HAD IN MIND IS TRYING TO RAISE THE SUBSTANTIAL PART OF THE MONIES FROM EAST CAUSEWAY BOULEVARD TO SOUTH OF THE MOORINGS THROUGH DEVELOPER CONTRIBUTIONS, AND HE NOTED THAT $100,000 ALREADY HAS BEEN PAID INTO ACCOUNT BY CASTAWAY COVE. SOUTH OF THE MOORINGS, WE HAVE THE SOUTH BEACH MUNICIPAL SERVICE DISTRICT, AND HE ENVISIONED SOME SORT OF ASSESSMENT BOND WILL BE LAUNCHED IN THAT AREA AND FELT IT IS FORE- SEEABLE THAT PART OF THE FUNDS RAISED IN THAT AREA SHOULD PAY PART OF THE COSTS FURTHER NORTH. CHAIRMAN SIEBERT THEN DISCUSSED THE NEED FOR A 24" LINE, AND ATTORNEY COLLINS NOTED THAT PARAGRAPH 3 REFERRED TO AN "APPROXI- MATE DIAMETER OF 24"; COMMISSIONER LYONS CONFIRMED THAT THEY JUST USED 24" TO DIFFERENTIATE FROM THE EXISTING LINE. DISCUSSION CONTINUED REGARDING DESIGN OF THE LINE AND HOW THE SIZE WILL BE DETERMINED, AND ATTORNEY COLLINS STATED THAT ENGINEER ROBBINS WILL DESIGN THE LINE TO MEET ULTIMATE DENSITY AND WILL SUBMIT IT TO THE CITY FOR APPROVAL; IT HAS TO BE BY MUTUAL AGREEMENT. COMMISSIONER WODTKE FELT THAT THERE IS A DIFFERENT UTILIZA- TION OF CAPACITY BETWEEN SINGLE FAMILY AND MULTIPLE FAMILY, AND CHAIR- MAN SIEBERT NOTED THAT THIS LAND IS ALREADY PLATTED AND SOME CONTRACTORS BELIEVE A 24" LINE SIMPLY ISN'T NECESSARY. COMMISSIONER LYONS POINTED OUT THAT RATHER THAN HAVE THE DEVELOPER FIGURE ON A 6" LINE, FOR INSTANCE, THEY WOULD RATHER HAVE THEM LOOK AT THE MAXIMUM, AND THEN IF IT IS LESS, PEOPLE WILL BE HAPPIER. HE AGREED THAT WE DON'T WANT TO OVERDESIGN BECAUSE THE MORE IT COSTS, THE MORE DIFFICULT IT IS TO FINANCE. COMMISSIONER LYONS CONTINUED THAT HE BELIEVED THESE AGREEMENTS WILL DO MORE TO BRING ABOUT UNDERSTANDING THAN ANYTHING WE HAVE HAD IN THE PAST. HE NOTED THAT A LOT OF THINGS HAVE BEEN THRASHED OUT AND THERE ARE SOME CHANGES OVER WHAT WAS NEGOTIATED IN 1.973, OCT 2 21980 71 Booi 45 FAc 71 OCT 2 219 80 6QQK 45 PAGE 72 ATTORNEY COLLINS FELT THAT THE SOUTH BEACH WATER AGREEMENT REPRESENTS A MAJOR CHANGE IN THE POSITION OF THE CITY OF VERO BEACH AS OF ABOUT TEN DAYS AGO. CHAIRMAN SIEBERT DID NOT AGREE, BUT FELT IT IS A REVERSION TO THE ORIGINAL THINKING WAY BACK. COMMISSIONER WODTKE BELIEVED IT IS LOGICAL FOR SERVICES TO BE PROVIDED FROM THE FACILITIES THAT ARE OVER THERE, AND HE DID NOT SEE HOW THE COUNTY COULD GET INTO THE POSITION TO OFFER THESE SERVICES AT ANYWHERE NEAR AS ECONOMICAL A COST. COMMISSIONER LOY NOTED THAT -BACK IN 1973 WHEN WE SIGNED THE ORIGINAL AGREEMENT, THERE WAS VERY LITTLE PLANNING TO FALL BACK ON, AND SHE BELIEVED WE HAVE HAD THE BENEFIT OF CONSIDERABLE EXPERI- ENCE AND THAT ATTORNEY COLLINS AND COMMISSIONER LYONS, ALONG WITH THE'CITY COUNCIL, HAVE GONE TO GREAT LENGTHS TO BRING ABOUT THE BEST WAY TO PROVIDE THIS SERVICE. COMMISSIONER WODTKE INQUIRED ABOUT THE ABILITY TO SERVE NOW IN THE NORTH COUNTY MAINLAND WATER SERVICE AREA. HE NOTED THE NEW AGREEMENT CALLS FOR 700,000 GPD. ATTORNEY COLLINS FELT THE 700,000 IS A REALLY RELIABLE FIGURE. HE NOTED THAT IF THE HOSPITAL WATER SUPPLY WERE TO DECREASE 100,000 GPD AS THE SEWER HAS, THAT PROBABLY WOULD FREE UP ANOTHER 100,000 GPD IN WATER. COMMISSIONER WODTKE ASKED IF THAT AUTOMATICALLY WOULD GO TO THE NORTH COUNTY MAINLAND SERVICE AREA, AND THE ATTORNEY DID NOT BELIEVE SO BUT FELT IT WOULD BE SUBJECT TO OTHER DISCUSSIONS. COMMISSIONER LYONS FELT THAT COMMISSIONER WODTKE HAD RAISED A GOOD POINT AND THAT MAYBE WE OUGHT TO TAKE A LOOK AT THAT POSSIBILITY - NOT AS A PART OF THESE AGREEMENTS, BUT JUST AS PART OF A REVIEW OF OUR POSITION. ENGINEER ROBBINS INFORMED THE BOARD THAT THE ABILITY TO SERVE IN THE NORTH COUNTY WOULD BE LIMITED BY THE 550 GALLON PER MINUTE FLOW RATE WE ARE LIMITED TO BY A PRESSURE DEVICE ON THE PUMP STATION. 7j= ;m ATTORNEY COLLINS NOTED THAT CAN BE MODIFIED, AND ENGINEER ROBBINS AGREED THAT IT CAN BE UNDER THE TERMS OF THE AGREEMENT, IF IT IS MUTUALLY AGREEABLE. ATTORNEY COLLINS EXPLAINED THAT UNDER THE AGREEMENT WE HAVE A CAPACITY CHARGE OF 500,000 SO THAT WE ARE NOT CARRYING THE FULL CAPACITY CHARGE, BUT WHEN IHE WATER NEEDS IN THE GIFFORD AREA EXCEED THE 500,000, WE THEN WILL PAY AN INCREASED CAPACITY CHARGE AND WILL BE ABLE TO OBTAIN WATER UP TO A PEAK OF 700,000 CPD. ENGINEER ROBBINS NOTED THAT WE WILL HAVE TO REMOVE THE PUMP CONTROL DEVICE IN ORDER TO DO THAT, AND COMMISSIONER LYONS POINTED OUT THAT THE AGREEMENT DOESNIT CONSTRAIN US, JUST THE PHYSICAL DEVICE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH THE CITY OF VERO BEACH RE SOUTH BEACH WASTEWATER SERVICE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH THE CITY OF VERO BEACH RE SOUTH BEACH WATER SERVICE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH THE CITY OF VERO BEACH RE NORTH COUNTY MAINLAND WATER SERVICE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. SAID AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK, MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER WODTKE, TO APPROVE THE AGREEMENT WITH THE CITY OF VERO BEACH RE SOUTH COUNTY MAINLAND WASTEWATER SERVICE AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER WODTKE REQUESTED A QUICK REVIEW OF THIS AGREEMENT, ATTORNEY COLLINS EXPLAINED THAT THIS DEALS WITH WASTE WATER. WE HAVE TAKEN THE 600,000 GPD PREVIOUSLY ALLOCATED TO MID FLORIDA AND PUT THAT AS A CAPACITY FOR SEWAGE TREATMENT IN THIS AREA, IT IS A WHOLESALE CONTRACT WHEREBY WE BUY FROM THE CITY AND SELL RETAIL TO THE USERS. WE HAVE INCLUDED IN THE CONTRACT THE VERO MALL AND VARIOUS OCT 2 2 19 80 Bask 45 PAGE 74 DEVELOPMENTS NOW GOING UP ON 6TH AVENUE. THIS CONTRACT IS OPEN ENDED IN THAT WE DO NOT KNOW WHAT THE WHOLESALE RATES FOR SEWAGE ARE GOING TO BE AT THE PLANT; THAT NUMBER IS LEFT OUT. WE HAVE AGREED TO CONTINUE AS HAS BEEN CHARGED, AND WHEN THE STUDY COMES IN, THE COUNTY WILL BE NOTIFIED, THE CITY WILL ESTABLISH THE RATES BY ORDINANCE, AND THEY WILL BE PLUGGED INTO THE AGREEMENT, TO PRO- VIDE SOME SAFEGUARDS, WE HAVE AGREED THAT THE CITY WILL USE COMMONLY ACCEPTED STANDARDS IN ARRIVING AT WHOLESALE WASTEWATER RATES; THEY WILL BE ARRIVED AT IN THE SAME FORMAT AND FASHION USING A FORMULA CONSISTENT WITH RATES ESTABLISHED FOR RETAIL; AND IN NO EVENT WILL THE RATE EXCEED THE $1.10 PRESENTLY BEING USED. IT IS INTENDED WHEN THE COUNTY HAS ITS OWN SEWAGE TREATMENT AND IS TREATING THIS AREA, THEN THE 600,000 HERE WILL FLIP-FLOP OVER TO THE SOUTH BEACH. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, TO APPROVE THE AGREEMENT WITH THE CITY OF VERO BEACH RE MID -FLORIDA SERVICE AREA AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER WODTKE INQUIRED ABOUT OUR PREVIOUS AGREEMENT WITH THE CITY ON MID FLORIDA WATER SERVICE, AND ATTORNEY COLLINS STATED THAT THIS AGREEMENT TAKES THE PLACE OF THE OTHER AGREEMENT. COMMISSIONER WODTKE ASKED IF THERE ARE ANY BASIC STIPULATIONS IN THE UTILIZATION OF THE WATER, I.E., THAT WE CANNOT USE IT UNLESS WE ALSO PROVIDE SEWER SERVICE. ATTORNEY COLLINS STATED THERE IS NO SUCH RESTRICTION. COMMISSIONER WODTKE INQUIRED ABOUT SPECIAL CUSTOMERS SUCH AS THE VERO MALL, AND CITY FINANCE DIRECTOR MASON NOTED THAT VERO MALL IS A RETAIL WATER CUSTOMER OF THE CITY. ATTORNEY COLLINS STATED THAT THIS AGREEMENT HAS A LIMITATION OF TWO AND A HALF YEARS. WE ARE SUPPLYING THE VERO MALL WITH SEWER SERVICE, BUT NOT WATER. IF THE COUNTY WANTED THE MALL FOR A FUTURE CUSTOMER, THEY WOULD HAVE TO NEGOTIATE THAT LATER. HE POINTED OUT THAT THE WATER AVAILABILITY FOR THIS AREA FOR THE NEXT 2-1/2 YEARS IS NOT THAT GREAT; WE ALREADY HAVE HAD ONE PEAK LOAD OF OVER 400,000 GPD, AND THAT DOES NOT LEAVE MUCH TO GET NEW CUSTOMERS. 7.Li THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY, SAID MID FLORIDA SERVICE AREA AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK. V ► • • v:•::� • • • THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 3:50 O'CLOCK P.M. AND RECONVENED AT 3:51 O'CLOCK P.M. ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT. 75 OCT 2 2 1980 mox 45 PAGE 75