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HomeMy WebLinkAbout3/11/1981} WEDNESDAY, MARCH 11, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, SERO BEACH, FLORIDA, ON WEDNESDAY, MARCH 11, 1981, AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; DICK BIRD; ALFRED CROVER FLETCHER; AND BON C. SCURLOCK, JR. WILLIAM C. WODTKE, JR., VICE CHAIRMAN, WAS SCHEDULED TO ARRIVE LATER IN THE MORNING. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN, BAILIFF; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER FLETCHER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND PASTOR DR. G. JULIUS RICE, COMMUNITY CHURCH, GAVE THE INVOCATION. ADDITIONS TO AGENDA THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE AGENDA. COMMISSIONER FLETCHER REQUESTED ADDING AN ITEM REGARDING A STATUS REPORT ON COUNTY -OWNED LOTS IN FELLSMERE, FINANCE DIRECTOR BARTON REQUESTED ADDING AN ITEM REGARDING THE BUDGET SCHEDULE. CHAIRMAN LYONS REQUESTED ADDING THE FOLLOWING: A REPORT ON THE ST. LUCIE COUNTY MASTER PLAN; DISCUSSION REGARDING THE REGIONAL PLANNING COUNCIL MEETING ON MARCH 20; AND A MATTER CONCERNING THE HOUSING FINANCE AUTHORITY. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE ADDITION OF THESE EMERGENCY ITEMS TO THE AGENDA. MAR 111981 BOOK 46 PAGE 01 �� 66' e 869 46 PACE 02 THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 25, 1981. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 25, 1981, AS WRITTEN. M.MVIT'a �. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR ROSCOE 0. WHIDDON. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR GLADYS W. BRYANT. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT TO ALLOCATE FUNDS FOR THE SUPERVISOR OF ELECTIONS' SALARY AND BENEFITS, AS FOLLOWS: ACCOUNT TITLE EXECUTIVE SALARIES SOC. SEC. MATCHING RETIREMENT CONTRIBUTION RESERVE FOR CONTINGENCIES ACCOUNT No. INCREASE 001-700-519-11.11 $2,000 001-700-519-12.11 135 001-700-519-12.12 185 001-199-513-99.91 $2,320 ON MOTION BY COMMISSIONER BIRD, SECONDED -BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED TAX SALE CERTIFICATE No. 372 IN THE AMOUNT OF $27.32 FOR WALLACE CARTER. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE FOR THE FOLLOWING DEPUTIES APPOINTED BY SHERIFF DOBECK: JAMES SEBREE WILLIAM LUTHER BIRCH R. HALE, SJR. — PART TIME ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL, CIRCUIT COURT, FALL TERM, 1980, IN THE AMOUNT OF $63.05; COUNTY COURT, FEBRUARY TERM, 1981, IN THE AMOUNTS OF $146.22 AND $191.24; PUBLIC DEFENDER COUNTY COURT, FEBRUARY TERM, 1981, IN THE AMOUNT OF $30,00. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY GAVE RETROACTIVE APPROVAL OF PETITION FOR ADMISSION TO A. G. HOLLEY STATE HOSPITAL FOR MARCELLUS JOHNSON AND EDWARD M. BROWN. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, MONTH OF FEBRUARY, 1981 - $30,815.66 RECEIPT FOR DEPOSIT OF COUNTY FUNDS, N0. 1331, JANUARY, 1981 - $782.00 REPORT OF CONVICTIONS, MONTH OF FEBRUARY, 1981 TRAFFIC VIOLATION FINES BY NAME, FEBRUARY, 1981 INDIAN RIVER COUNTY POLITICAL DISTRICT & CENSUS INFORMATION COMMISSIONER FLETCHER REFERRED TO THE MATERIAL IN THE AGENDA PERTAINING TO THIS SUBJECT AND ADVISED THE BOARD OF THE FOLLOWING DATA: DisTRICT REGISTERED VOTERS 1 4,434 2 5,204 3 7,560 4 5,520 5 7,586 DiSCUSSION FOLLOWED AND IT WAS NOTED THAT THE CENSUS INFORMATION HAS NOT BEEN RECEIVED IN SUPERVISOR OF ELECTIONS RICHEY'S OFFICE AT THIS TIME - WHEN THE BOARD RECEIVES THOSE FIGURES, THE MATTER OF REALIGNING THE POLITICAL DISTRICTS CAN BE FURTHER STUDIED. MAR 111981BOOK 46 PAGE 03 3 MAR 111991 Booz 46 PAGE 04 COMMISSIONER WODTKE ARRIVED AT THE MEETING AT 9:00 O'CLOCK A. M. STATUS REPORT — COUNTY—OWNED LOTS I & 2. BLOCK 96, FELLSMERE COMMISSIONER FLETCHER EXPLAINED THAT FELLSMERE WANTED TO PUT A BALL DIAMOND ON THE LOTS, AND WONDERED IF THE COUNTY COULD DONATE THE LOTS FOR THIS PURPOSE. DISCUSSION FOLLOWED, AND THE BOARD WAS IN AGREEMENT WITH COMMISSIONER BIRD'S SUGGESTION THAT THE COUNTY LEASE THE LOTS TO THE CITY OF FELLSMERE. ATTORNEY COLLINS FELT THIS WAS PREFERABLE TO THE ALTERNA— TIVE PRESENTED AT THE PREVIOUS MEETING OF DEALING WITH THE SCHOOL BOARD AND THE CITY OF FELLSMERE. THE BOARD INSTRUCTED THE ATTORNEY TO PREPARE A LEASE FOR 20 YEARS WITH A ONE YEAR TERMINATION CLAUSE AT $1.00 A YEAR WITH THE CITY OF FELLSMERE FOR COUNTY—OWNED LOTS 1 & 2, BLOCK 9031 FOR RECREATIONS PURPOSES ONLY. PLANNING & ZONING COMMISSION VACANCY COMMISSIONER BIRD REVIEWED THE FOLLOWING MEMO AND RESUME: INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Board of County CommissioneRATE: March 9, 1981 FILE: SUBJECT: Planning and Zoning Commission Vacancy FROM: Dick Bird REFERENCES: Dear Fellow Commissioners: After studying the resume's received for the vacancy on the Planning and Zoning Commission, I have decided to recommend, for your approval, Richard Parent. W, 4 His resume is attached and I feel he will make an excellent member of the Commission. He is a twenty six year resident of the area and comes from a prominent community minded family, including his brother Paul who served with distinction as a former Planning and Zoning member. Mr. Parent understands the tremendous responsibility that the Commission faces and has pledged to me that he has both the time and interest to take part in all meetings and re- sponsibilities. He is available if you would like to talk with him prior to Wednesday's meeting. His business phone is 562-6871 His home phone is 231-4468 On ' e VARA . 670 South U.S. 1 - P. O. Box 910 Vero Beach, Florida - 32960 PERSONAL IRESUME . March 1, 1981 NAI:"E: RICIilm PARENT AGE,: 36, Born June 4, 1944, Dover, N. N. aiEOID ITCL: 1336 I'dver Midge Road, Vero Beach, Florida I,LUITAL'STATUS: Married, three children, ages 13, 129 and. 9 12NGTF, OF TIME OF RESIDENCEY IN INDIAN RIVER COUNTY: 26 years - Moved to Vero Beach in 1955 HEALTH: Excellent EDUCATION: Graduate of Vero Beach High School in 1962 Graduate of Mississippi State University in 1966, receiving B. A. Degree in Business Administration MILITARY: Received Military training in United States Axmy, Armond Division - Was commissioned as Captain upon completion of tenure. EIPIAYI+a''EN`t': Self Employed - Owner and Operator of Indian River Millwork, Inc., located at 670 South U. S. No. 1, Vero Beach, Florida CIVIC & BLNEVOLBIM ASSOCIATIONS: United Way Campaign I,Iember, Vero Beach Jaycees Elks Club Past President, Serra Club M?ZONAL COI,UMITTS: I have lived in Vero Beach for 26 years, having come to this area as a child. I have had steady exposure to the growth of this area during my lifetime, and have, as a matter of choice, made Indian River County my permanent home after my college education and Military tour were completed. MAR 111981 5 BOOK 6 PAGE 05 MAR 111981 Boo 46 PAGE 06 i COMMISSIONER BIRD THEN RECOMMENDED THAT MR. PARENT BE I APPOINTED TO FILL THE VACANCY ON THE PLANNING & ZONING COMMISSION. COMMISSIONER SCURLOCK THEN PLACED RICHARD PARENT'S NAME IN THE NOMINATION FOR THIS POSITION, HE ADDED THAT HE DID NOT CONDUCT AN INTERVIEW WITH HIM; HE WAS ABLE TO TALK TO HIM BY PHONE AND WAS VERY IMPRESSED. COMMISSIONER SCURLOCK FELT HE WAS A GOOD CHOICE. COMMISSIONER FLETCHER COMMENTED THAT HE HAD KNOWN HIM FOR MANY YEARS, BUT WAS DISAPPOINTED THAT THE BOARD DID NOT HAVE A CHOICE. COMMISSIONER WODTKE COMMENTED THAT HE WAS A FINE CHOICE, AND THAT HE WAS WELL ACQUAINTED WITH RICHARD PARENT. CHAIRMAN LYONS STATED THAT, UNFORTUNATELY, HE WAS UNABLE TO GET IN TOUCH WITH MR. PARENT AND THAT IF HE HAD HAD THE OPPORTUNITY TO INVESTIGATE HIM, HE WOULD PROBABLY VOTE FOR HIM. HE ADDED THAT, HE COULD NOT, IN GOOD CONSCIENCE, VOTE FOR HIS APPOINTMENT WITHOUT A PERSONAL INVESTIGATION. LENGTHY DISCUSSION FOLLOWED ALONG THOSE LINES. MOTION WAS:MADE:BY COMMISSIONER FLETCHER THAT THE BOARD POSTPONE THIS APPOINTMENT UNTIL THE MEETING OF MARCH 25TH. THE MOTION DIED FOR LACK OF A SECOND, MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THAT THE BOARD ADOPT RESOLUTION 81-13 APPOINTING RICHARD PARENT TO FILL THE VACANCY ON THE PLANNING & ZONING COMMISSION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH A 4 TO 1 VOTE, WITH CHAIRMAN LYONS VOTING IN OPPOSITION. CHAIRMAN LYONS EXPLAINED THAT THIS VOTE WAS NOT IN OPPOSITION TO MR. PARENT, JUST OPPOSITION UNTIL HIS INVESTIGATION IS COMPLETED ON MR. PARENT. LENGTHY DISCUSSION ENSUED REGARDING FUTURE APPOINTMENTS, AND THE BOARD DETERMINED THEY WOULD RATHER HAVE SEVERAL RESUMES TO CHOOSE FROM, PLUS HAVE AMPLE TIME TO CONDUCT THEIR INVESTIGATIONS. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THAT THE BOARD RECEIVE, TWO WEEKS PRIOR TO AN APPOINTMENT, MORE THAN ONE RESUME TO STUDY; AND THE COMMISSIONER FROM THE DISTRICT RELATING TO THE APPOINTMENT, MAKE HIS RECOMMENDATION TO THE BOARD. � � r 6 THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED BY A VOTE OF 3 TO Z, WITH COMMISSIONER BIRD AND COMMISSIONER WODTKE VOTING IN OPPOSITION. COMMISSIONER BIRD FELT THAT SOME VERY WELL—QUALIFIED PEOPLE HAVE BEEN APPOINTED IN THE PAST USING THE SYSTEM WE NOW HAVE. COMMISSIONER WODTKE WAS CONCERNED ABOUT THE DIFFICULTY INVOLVED IN JUST FINDING ONE QUALIFIED INDIVIDUAL TO SERVE. PUBLIC HEARING-— REZONING REQUEST FROM R-1 To R -2C REQUESTED BY ROCK AND CIPRIANO THE HOUR OF 9:15 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 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 a/���. in the matter of A-4 A - .AA4 4(3 AV , in the Court, was pub- lished in said newspaper in the issues of v� 7 o 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 (SEAL) is day of �1 A.D. A� A , (Business Manager) (Clerk of the Circuit Cour4jAdian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, is reviewing the feasibility of making the following changes and additions to the Zoning Ordinance -of In- dian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated on the southeast corner of the intersection of North Gifford Road and 43rd Avenue in Indian River County, Florida, to -wit: The north one-half of Tract 4, Section 27, Township 32 South, Range 39 East, said land lying and being in Indian River County, Florida. Be changed from R-1 Residential District to R -2C Multiple Family Residential District. A public hearing in relation thereto atwhich parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the i Council Chamber of the City Hall, Vero Beach, Florida, on Thursday, January 22, 1981, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, March 11, 1981, at 9:15 A.M. Board of County Commissioners Indian River County By: Patrick B. Lyons, Chairman Indian River County Planning and Zoning Commission By: Carolyn Eggert, Chairwoman Jan. 2, 7, 1981. BOOK 46. PAGE ®T MAR 111981 MAR 111981 BOOK � 46 pace 0 NOTICE OF THE PUBLIC HEARING WAS SENT TO VINCENT J. ANTHONY, GARY J. ANTHONY, ROBERT F. LLOYD, ROGER R. ROCK, AND ARTHUR H. CIPRIANO, BY THE CLERK OF THE COURT, AS REQUIRED BY FLORIDA STATUTE 125.66. THE BOARD THEN REVIEWED THE FOLLOWING MEMORANDUM FROM THE COUNTY ADMINISTRATOR; TO: Board of County Commissioners DATE: March 4, 1981 FILE: 3450 t4jAR iS$i `IQC.SUBJECT: Rezoning Request by Roger R. Rock E9 W = and Arthur H. Cipriano NL� � �fi!1RiSu32cr's C!tire FROM: Neil Nelson REFERENCES: County Administrator Applicant: Roger R. Rock Arthur H. Cipriano Agent: Robert F. Lloyd Rezoning from R-1 to R -2C Location: 17 acres located at the southeast corner of the intersection of North Gifford Road and 43rd Avenue. Planning Dept. Recommendation: Compatible with proposed Comprehensive Plan and existing land use. Staff recommends approval. Planning & Zoning Commission Recommendation: Meeting of January 22, 1981 - unanimous approval. Required "Notice of Public Hewing" regarding this rezoning was published in the Vero Beach Press Journal on January 2 and 7, 1981. "Proof of Publication" is in the files. Additionally, Mrs. Freda Wright, Clerk to the Board, has notified affected property owners in accordance with the Zoning Ordinance, by letter dated January 26, 1981. All requirements having been met, and all matters being in order, the Administration recommends the Board of County Commissioners approve the requested rezoning from R-1 to R -2C. �ei.elson, County Adr�inistrator 8 COMMISSIONER SCURLOCK STATED THAT IT SEEMED TO BE HODGE- PODGE, AS THIS SITE IS BETWEEN TWO RESIDENTIAL AREAS. SENIOR PLANNER CHALLACOMBE EXPLAINED THAT THERE IS A HOUSING PROBLEM FOR LOW TO MODERATE INCOME FAMILIES AND THIS IS THE MOST SUITABLE AREA FOR BUILDING RENTAL UNITS. GENERAL DISCUSSION FOLLOWED. THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, FOR THE BOARD TO ADOPT ORDINANCE 8I-10 REZONING PROPERTY FROM R-1 TO R -2C AS REQUESTED BY ROGER R. ROCK AND ARTHUR H. CIPRIANO. COMMISSIONER FLETCHER STATED HE WOULD VOTE AGAINST THIS ORDINANCE AS IT IS A HODGEPODGE AREA AND DID NOT SEE THAT IT WOULD BENEFIT THE AREA AS A WHOLE. COMMISSIONER WODTKE COMMENTED THAT HE WAS VERY SUPPORTIVE OF THE MOTION BECAUSE THERE IS THE AVAILABILITY OF WATER AND SEWER; AND CONSIDERING CONSTRUCTION COSTS AND THE ECONOMY, THIS WOULD PROVIDE AFFORDABLE HOUSING; AND HE STRONGLY RECOMMENDED VOTING FOR THE MOTION. CHAIRMAN LYONS AGREED WITH COMMISSIONER WODTKE. COMMISSIONER SCURLOCK NOTED THAT THIS WOULD BE A GOOD HELP TOWARDS HAVING MORE CUSTOMERS FOR THE WATER AND SEWER SYSTEM IN THAT AREA. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. MAR 111981 9 coax 46 PAGE 09 MAR 111981 ORDINANCE NO. 81-10 sQ�K 46 PAGE 10 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as foll-ows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: The north one-half of Tract 4, Section 27, Township 32 South, Range 39 East, said land lying and being in Indian River County, Florida Be changed from R-1 Residential District to R -2C Multiple Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect March 16, 1981. RESOLUTION ESTABLISHING THE INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE ON MOTION MADE BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-14 ESTABLISHING THE INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE. MAR 111981 11 Bfl�K 46 PAGE, MAR 111981 BOOK 46 PACE 12 RESOLUTION NO. 81-14 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,that in order to establish guidelines in matters relating to public saftey and law enforcement; and to improve long range plans relating to public safety, the Board hereby establishes a public safety advisory committee to be known as the "INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE", to be made up of members from the following designated areas: Two members shall be appointed by the Sheriff; Two members shall be appointed by the Board of County Commissioners; One member shall be appointed by the Board of County Commissioners and shall be selected from a list of candidates jointly approved by the Sheriff and the County Commission; as to the three categories above, the members shall be permanent residents and electors of Indian River County and be experienced in the general field of law enforcement and public safety. The original appointments will be two (2) for one-year terms and three (3) for two-year terms; thereafter, the members of the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE will serve for two-year terms, which shall be staggered with no more than three (3) terms expiring at one time. The members of the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE shall serve at the pleasure of the appointer and may be removed at any time during the appointed term at the pleasure of the appointer. Replacement of any member of the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE who has served less than a full term shall be for the unexpired term of the member replaced; and BE IT FURTHER RESOLVED, that, after the appointments have been made, the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE shall annually elect a Chairman, Vice Chairman and Secretary. Meetings will be at the call of the Chairman but not less than four (4) times per year. All meetings will be open to the public, properly noticed and held at a location to be provided by the County. Minutes will be taken of all meetings and will be provided by the County; and BE IT FURTHER RESOLVED that the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE will serve in an advisory capacity and no decisions or recommendations made by the Committee will be binding. At the request of the Sheriff and/or the County Commission, the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE will submit recommendations on matters relating to law enforcement and public safety, such as: Jail Construction; Jail Operation; Uniformity of Law Enforcement; Efficiency of Law Enforcement Operation; Crime Prevention; Traffic Safety; Civil Defense; 911 Emergency System and any other matters involving public safety and law enforcement; and BE IT FURTHER RESOLVED that the INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE shall be established by vote of the Board of County Commissioners of Indian River County, Florida, and may be dissolved in the same manner. Said Resolution shall become effective as of the day of March , 1981. Freda Wright, Cle MAR 111981 BOARD OF COUNTY COMMISSIONERS OF INDIIVER COUNTY, FLORIDA BOOK 46 PAGE 13 MAR 111981 Wx 46 PAGE 14 ST. LUCIE COUNTY MASTER PLAN CHAIRMAN LYONS EXPRESSED A GREAT DEAL OF CONCERN ABOUT THE.ST. LUCIE COUNTY MASTER PLAN REGARDING PUBLIC SAFETY AND THE ABILITY TO EVACUATE THEIR LARGE POPULATION SHOULD AN EMERGENCY OCCUR. HE FELT THAT INDIAN RIVER COUNTY WOULD END UP HAVING TO EVACUATE THEIR PEOPLE OVER THE 17TH STREET BRIDGE, THUS CREATING A PROBLEM IN OUR COUNTY. THE CHAIRMAN FELT THE COUNTY SHOULD OFFICIALLY TAKE A STAND ON THE MATTER. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THAT THE BOARD DIRECT OUR REPRESENTATIVE AT THE REGIONAL PLANNING COUNCIL TO REQUEST ST. LUCIE COUNTY NOT TO DEVELOP DENSITIES GREATER THAN THE ABILITY TO HANDLE THEIR TRAFFIC OFF THE ISLAND. DISCUSSION FOLLOWED AND IT WAS DETERMINED THAT A RESOLUTION WOULD BE A MORE EFFECTIVE AND APPROPRIATE FORM TO USE. COMMISSIONER SCURLOCK WITHDREW HIS MOTION, AND COMMISSIONER FLETCHER WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-15, WHICH THE ATTORNEY WILL PREPARE AND PRESENT TO THE BOARD AT THE NEXT MEETING FOR APPROVAL CONCERNING THE DENSITY PROBLEM IN ST. LUCIE COUNTY. CHAIRMAN LYONS BRIEFLY DISCUSSED THE FINANCING OF RENTAL HOUSING AND FELT THAT WITH THE GREAT SHORTAGE OF RENTAL HOUSING IN THE COUNTY, IT COULD FILL A NEED. DISCUSSION ENSUED WHETHER OR NOT THIS PROGRAM MIGHT BE IN CONFLICT WITH ANY PROGRAM OUR HOUSING AUTHORITY HAS, AND IT WAS DETERMINED THE BOARD WOULD NEED MORE INFORMATION IN THIS REGARD. CHAIRMAN LYONS SUGGESTED THAT THE BOARD REMAND THIS MATTER TO THE HOUSING AUTHORITY AND ASK THEM TO PREPARE A REPORT AND A RECOMMENDATION FOR THE NEXT BOARD MEETING. 14 P of PIPI COMMISSIONER WODTKE DISCUSSED THE FOLLOWING MEMORANDUM WITH THE BOARD: March 11, 1981 To: Board of County Commissioners From: Jeffrey K. Barton, Finance Director Subject: Budget Agenda Deadline for submission: May 15, 1981 Tenative presentation to Board of County Commissioners: June 3, 1981 Budget Hearings; County Depart_ oluw ments and Offices: 1:30pm - 6:00pm June 15 r- 18, 1981 ala'+ j0- 01i'm 76-rj Outside'Agencies: 1:30pm - 6:00pm June 22, 23, 29 & 30th JKB/dw ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AGENDA FOR THE COMING YEAR AS SUBMITTED IN THE MARCH 11, 1981 MEMORANDUM, AND AUTHORIZED FINANCE DIRECTOR BARTON TO IMMEDIATELY NOTIFY THE CONCERNED PARTIES REGARDING THE BUDGET. NO PARKING SIGNS COMMISSIONER WODTKE THANKED THE ADMINISTRATOR FOR HIS HELP IN SOLVING THE PROBLEM WITH THE PARKING ON THE RIGHTS-OF-WAY ALONG U.S. #1 AT THE FLEA MARKET LOCATIONS. BY INSTALLING THE NO PARKING SIGNS, IT HAS NOW BECOME A SAFER PLACE. HE THEN ASKED THE ADMINISTRATOR TO COMMUNICATE WITH THE OWNER AT THAT LOCATION AND THANK HIM FOR HIS COOPERATION AND HOPE THAT HE CONTINUES TO ASSIST THE COUNTY IN THE MANNER THAT HE HAS IN THE PAST. MAR 1.11991 15 46 PAGE 15 @Ffl 1( 46 PAGE 16 DISCUSSION. REGARDING VENDORS USING COUNTY RIGHTS-OF-WAY COMMISSIONER BIRD ASKED IF AN INQUIRY HAD BEEN STARTED REGARDING THE ROADSIDE VENDORS. ADMINISTRATOR NELSON RESPONDED AFFIRMATIVELY AND NOTED THAT SINCE THE VENDORS DO HAVE PERMITS, IT PUTS THE COUNTY IN A STAND-OFF POSITION. HE CONTINUED THAT WHEN THERE IS A SAFETY HAZARD, THE COUNTY CAN HAVE THEM MOVED BUT NOTHING PREVENTS THEM FROM SETTING UP THEIR BUSINESS ON THE RIGHT-OF-WAY PROVIDED THERE IS NO TRAFFIC HAZARD. LENGTHY DISCUSSION FOLLOWED. CHAIRMAN LYONS SUGGESTED WE FIND OUT WHAT THE RULES ARE, STUDY THEM, AND RECOMMEND SOME CHANGES, COMMISSIONER FLETCHER STATED THAT HE WAS NOT IN SYMPATHY WITH THE BOARD. HE FELT THAT IF IT WAS THE BOARDS INTENT TO PROTECT THE SAFETY OF THE PASSING TRAFFIC WHERE THE VENDORS WERE LOCATED, IT WOULD BE FINE. BUT, HE ADDED, FOR THE COUNTY TO REGULATE THE VENDORS BECAUSE THEY WERE ADDING COMPETITION TO EXISTING BUSINESSES DID NOT SET WELL WITH HIM. COMMISSIONER FLETCHER FELT THE VENDORS WERE A VIABLE NEED TO THE COUNTY IF THE TAXPAYERS CONTINUED TO RETURN TO THEM. ADDITIONS TO AGENDA ,_ CHAIRMAN LYONS REQUESTED SEVERAL ITEMS TO BE ADDED TO THE AGENDA: AN ITEM CONCERNING THE BOND OF JOE HENRY EARMAN; AND A RESOLUTION REGARDING CHILD SAFETY WEEK, ON MOTION BY COMMISSIONER VIODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE ADDITION OF THESE EMERGENCY ITEMS TO THE AGENDA. BOND - FLORIDA INLAND NAVIGATION DISTRICT ON ,"LOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE BOND FOR .JOE HENRY EARMAN AS A MEMBER OF THE FLORIDA BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAVIGATION DISTRICT; ALSO THE SIGNATURES OF THE BOARD ON THE BOND. MEMBER OF THE BOARU__D�_COMMISSI�NCRS..QF..TH.E__FLQRi'VA-1h[1.ANU_J�fAIIIGAIIP�L_12ISTRICT STATE OF FLORIDA, County of ...... INDIAN __RIVER ..................................... KNOW ALL MEN BY THESE PRESENTS, That we,.__--_. JOB NBNRy IARMAN_--- ------------------_-- as principal, and ..LINIT.1<D..STA.T...ES..FID.ELITY..ANR__GUARMITSI.-,COMPANY------------------ ---- as surety, are held and firmly bound unto ------- RM RT_GRAHAM------------------------_--_---_--.__._.._-_---Governor of the State of Florida, and his successors in office, in the sum of .... _ TFN_.T6Q_USANV.AN'D_.P.0. I0.0-.-n--•Dollars, lawful money, for the payment whereof well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this ------ 9Zh---------- day A. D. 19_11. THE CONDITION OF THIS OBLIGATION IS SUCH, That, where, the above bounden JOE HENRY_ EARMAN----------------------------------------------- was, on the -------- ---------------.day of ------------------ Mach ......... __._.__----- A. D. 19.81_. appointed----.Memben_Qi th.e._8_oa& I__Q4__C=ii.6,wnea--oJ__tAe._.FAcAida.__Ixt _=d_----------------------. .._-------------------- -------- -------- --- --- - -- _.___ _.._._—.----------------------...- to hold his office from the date of Xila& h.__3,J_991--_____________________ ______.________commission, until ------------- ------------- — — - -- -- - --__--------- - - and until his successor is appointed and qualified, according to the Constitution and Laws of the State of Florida. NOW, THEREFORE, If the said ------------ JOE._HENRV__EARMAN---- --------------- ------- ---------•----------------------- shall diligently and faithfully perform all the duties of said office as prescribed by law, this obligation to be void; otherwise to remain in full for —IAN T —i __-_--_(SEAL) UNITED STATES aFIDal ELrAND ITYGUARANTY CO. GKIHG11�11Ih(EELER�IGEUCY,IJC (SEAL) Si and sealed in resence of us: iRicct T. 8" hop ! 2 Attorney to Fact -- - - - ------------------------ -- Witness Witness The above bond is approved R,Lcha&d T. Bishop Licensed Ra idem Agent Buckingham-WheeteA Agency, in This bond is approved this --------------------day of. elec-6 MAR 111981 ------------------------------- Co ty Commissioners. --------------------------- -------------------- 19 ------- Comptroller. BOOK., 46 PAGE, 17 -I MAR 111991 BooK 46 PACE 18 � �w,•.�i-�'AJ��.+.^a`:a ,e.<'x a ..:-., - s ,. p .' ^ � _ �-"��;�c,� �2" �f 1 t� ! .dh �� •_ � i CERTIFIED COPY "' GENERAL POWER OF ATTORNEY No............§..3143 . F -2U Men b, these Presentsi That UNITED STATES FIDELITY AND GUARANTY COMPANY, a co rporation the Uwe of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, a does hereby conand existing stitute and appoint Richard T. Bishop of the City of Vero Beach , State of Its true and lawful attorney in and for the State of Florida. for the following g Purposes, t0 wilt a S tigiar+ x y7k `1x t u �k f, To sign its name as surety to, and to execute, all acts and seal and acknowledge any and all bonaa,`amd to peettvel, do sad perform any and.1 things set forth in the resolution of the Board of Directors of the said UNITED STATE$ FIDELITY AND GUARANTX' COMPANY, a certified copy of which is hereto annexed and made a part of this Poway of Attorney. end the said UNITED STATES r FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and eotifirm all and whatsoever the said Richard T. Bishop t .. tA may lawfully do in the Premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY bas caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice•President and Assistant Secretary, this 13th day of September A. D. 19 74 UNITED STATES FIDELITY AND GUARANTY COMPANY. ( Signed) BI......... James, A. Mappus ......................... ( SEAL) Vice -President. (Signed) ,...... 'William Jo Phelan ....................... .......... STATE OF MARYLAND, Assistant Secretory. BALTIMORE CITY, as` On this 13th day of September , A. D. 1974 , before me Personally James A. Ma pus , Vi President of the UNITED STATES FIDELITY AND GUARANTYcame . COMPANY and William J. Phelan Assistant Sucre tary of said Company, with both of Whom I am personally acquainted, who being by me severally duly sworn, seta that they resided in the City of Baltimore, Maryland; that they, the said James A. Mappus and William J. Phelan the Vice•PresIdent and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMP wrescti ere tthho r poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said co seal affixed to said Power of Attorney was such co _ corporation; that the tion, and that they signed their names thereto by like order as Vice•Presidenvand by so zed rdeof of Directors of said corpora. My commission expires the first day in July, A. D. 19...7J5... tom'• respectively, of the Company, (SEAL) (Signed) ) A. Louisa Rush STATE OF MARYLAND Notary Pnbic. BALTIMORE CITY, Set. Y I, Robert H. Bouse,OuiBa Rush Clerk of the Superior Cotta of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that L whom the annexed affidavits were made, and who has thereto aA. . Esquire, before rYd. in and for the City State of Ma lan y °Acommissioned scribed name, was at the time of so doing a Not public of the acknowledgments, or proof of deeds to of Baltimore, dui and sworn and authorized 6T law to a he recorded therein. I further certify that I am ac dnuniater oaths and take ` Notary, and verily believe the signature to he his genuine signature. acquainted with the handwriting of the said In Testimony Whereof, i hereto act my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 13th day of September 1 OA. D. 9 74 (Signed) Robert H. Bouse ....................................... 5 t�t'B a is.s7t Clerk of the Superior Court o. • • . • . , • • • • ... • . • . l Baltimore City. a. COPY OF RESOLIMON That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or bylaw allowed, and Also, in its name and as its attorney or attomeys•in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or. otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security o>i protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. l� George We Lennon, Jre , an Assistant Secretary of -the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Richard T. Bishop Of Vero Beach, Florida , authorizing and empowering hint to sign bonds as therein set forth. which power of attorney has never been revoked and is still In full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COAPANY on • (Date) _ MAR 111981- ant Secretary. • BOOK 46. PAGE 19 MAR 111981 Box .46 PAGE �Q ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-16 FOR CHILD SAFETY WEEK. RESOLUTION NO. 81- 16 WHEREAS, our children's health and well-being are everyone's concern, yet few persons are aware that automobile injuries, which are the primary cause of death and injury among children, could easily be prevented through the use of child restraint car seats and safety belts; and WHEREAS, the injuries suffered by children riding as passengers in motor vehicles are a major cause of epilepsy, paraplegia, disfigurement and other permanent mental and physical disabilities; and WHEREAS, studies in Florida communities indicate that only 10 percent of the State's children under five years of age are properly restrained when riding in automobiles; and WHEREAS, the proper use of federally approved, crash tested child restraints could reduce injuries by almost 80 percent and fatalities by 90 percent; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board urges all parents, health professionals, community leaders, and governmental and private sector agencies to do everything possible to ensure that every child in our State be protected from injury by child restraint car seats or seat belts when being transported in motor vehicles; and BE IT FURTHER RESOLVED that said Board urges all adults, especially when riding with children, to be certain to use their own seat belts, thereby protecting the children and setting a positive example of safe behavior; and BE IT FURTHER RESOLVED THAT THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, does hereby declare MARCH 23 - 29, 1981 CHILD PASSENGER SAFETY WEEK Said Resolution to become effective as of the 11th day of March , 1981. BOARD INDIA By Attest: COUNTY COMMISSIONERS OF VER COUNTY, FLORIDA n � . da Wright, 20 r � � 911 EMERGENCY SERVICE SYSTEM ATTORNEY COLLINS ASKED THE BOARD FOR THEIR DIRECTION REGARDING THE FINANCING FOR THE 911 EMERGENCY SERVICE SYSTEM. HE CONTINUED THAT THE COUNTY COULD USE THE GENERAL FUND AS THIS SYSTEM WOULD BE BENEFITING THE ENTIRE COUNTY; OR AN ASSESSMENT SYSTEM COULD BE USED. ATTORNEY COLLINS COMMENTED THAT A SPECIAL TAXING DISTRICT COULD BE ESTABLISHED, SIMILAR TO THE NORTH AND SOUTH COUNV FIRE DISTRICTS, AND THE 911 SYSTEM COULD BE FUNDED FROM AD VALOREM TAXATION WITHIN THAT RESTRICTED AREA, IF THAT WAS DONE, HE ADDED, THE MUNICIPALITIES WOULD HAVE TO AGREE UNANIMOUSLY TO BE INCLUDED IN THAT DISTRICT AND BE TAXED, ALSO THIS WOULD HAVE TO GO TO REFERENDUM AND BE APPROVED BY A MAJORITY, THE ATTORNEY NOTED. A GREAT AMOUNT OF DISCUSSION FOLLOWED REGARDING THE VARIOUS ALTERNATIVES PRESENTED BY THE ATTORNEY, CHAIRMAN LYONS ALSO MENTIONED THE POSSIBILITY OF FUNDING THIS SYSTEM ON A PARCEL BY PARCEL BASIS. COMMISSIONER WODTKE FELT THE FAIREST WAY FOR THE COST TO BE SHARED WOULD BE ON A SOUTHERN BELL TYPE OF CHARGE. HE THOUGHT THAT THIS COULD BE BASED UPON PHONE INSTALLATIONS GOING INTO HOMES AND BUSINESSES, PLUS SOUTHERN BELL COULD PAY THEIR PROPORTIONATE SHARE FOR THEIR PAY PHONES. THE CHAIRMAN ADVISED THAT HE HAD COMMUNICATED WITH'THE PUBLIC SERVICE COMMISSION, WHO SETS THE RATES, AND IT APPEARED THAT THEY DID NOT WANT TO GET INVOLVED; THE SAME AS SOUTHERN BELL. COMMISSIONER FLETCHER COMMENTED THAT HE PERSONALLY FAVORED THE REFERENDUM PROCESS. WILLIAM KOOLAGE, INTERESTED CITIZEN, STRONGLY FELT THAT THE FUNDS SHOULD BE TAKEN OUT OF AD VALOREM TAXES AS THIS SYSTEM WOULD BE CONSIDERED AS ANOTHER FUNCTION OF THE COUNTY GOVERNMENT. FINANCE DIRECTOR BARTON POINTED OUT THAT MAY 1ST WAS THE DEADLINE FOR PLACING THE ORDER FOR THE CONSOLES NEEDED FOR THE 911 MAR 111981 Z1 Boox 46 PAGE 21 MAR 111991 .Bo% 46 PAGE 22 SYSTEM. HE ADDED THAT A DECISION WOULD HAVE TO BE MADE WHETHER TO GET ONE MASTER CONSOLE, OR A MASTER CONSOLE PLUS A SMALLER ONE;FOR THE CITY POLICE WITH THE CAPABILITY OF HAVING THE CALLS FOR THE TOWN OF INDIAN RIVER SHORES OR SEBASTIAN ADDED TO THE MASTER CONSOLE. DISCUSSION ENSUED AND IT WAS DETERMINED THAT THE COUNTY SHOULD TAKE THE STAND THAT IT WILL OBTAIN THE MASTER CONSOLE AND PROVIDE THE 911 SYSTEM ON A CENTRAL BASIS, AND SOUTHERN BELL COULD PROGRAM IT ACCORDINGLY; IF OTHERS WANTED TO ENHANCE THE SYSTEM, IT WOULD BE THEIR BURDEN. COMMISSIONER WODTKE REITERATED THAT HE HOPED THE PUBLIC SERVICE COMMISSION COULD AUTHORIZE SOUTHERN BELL TO PROVIDE THE 911 SYSTEM. HE FELT THIS WOULD BE A SERVICE BEING PROVIDED BY SOUTHERN BELL AND IT SHOULD BE ON THE BILL OF THE PERSON HAVING THE TELEPHONE. CHAIRMAN LYONS SUMMARIZED THAT THE MAJORITY OF THE BOARD FELT THAT THE AD VALOREM TAX APPROACH WAS THE METHOD TO TAKE; THE COUNTY COULD MAKE THE SERVICE AVAILABLE WITH THE MASTER CONSOLE; TRY TO MAKE A DECISION BY MAY 1ST REGARDING THE EQUIPMENT TO BE ORDERED; AND TO ASK THE ATTORNEY TO COME BACK WITH THE SPECIFICS ON WHAT IS REQUIRED FOR THE AD VALOREM APPROACH. IN ORDER TO MOVE ON, THE CHAIRMAN SUGGESTED THAT COMMISSIONER FLETCHER AND COMMIS- SIONER WODTKE FORM A COMMITTEE TO PURSUE THE IDEA OF GETTING THIS CHARGE PUT ON THE TELEPHONE BILLS, AND THAT A MEETING CONCERNING THIS BE SET UP WITH R. DALE PATCHETT. FINANCE DIRECTOR BARTON ADVISED HE WOULD CHECK TO SEE IF MONEY IS STILL AVAILABLE FROM THE STATE FOR THE INSTALLATION OF THE 911 SYSTEM. PUBLIC HEARING - PROPOSED ORDINANCE AMENDING ZONING PROCEDURES IN RE FILING NEW APPLICATIONS THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: — 2— s 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 a n the matter of °^ / 141 in the Court, was pub- lished in said newspaper in the issues of JE�r • 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 nekt preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before rrA this, ..2eT a)i of A. D. _ (SEAL) Manager) (Clerk of the Circuit Court, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on March 11, 1981, at 11:00 A.M. in the City Council Chambers In the Vero Beach City Hall to consider the adoption of an Ordinance restricting applications for an amendment, change or modification of the boundaries or districts, regulations or restrictions contained within Appendix A — Zoning, by restricting filing of new ap- plications until after the expiration of twelve (12) months from the filing of a previous ap- plication for an amendment, change or modification of the boundaries or districts, regulations or restrictions contained within Appendix A — Zoning; and providing for an effective date. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which record includes the testimony In evidence on which the appeal Is based. Board of County Commissioners of Indian River County, Florida By: -s -Patrick B. Lyons, Chairman Feb. 20,1981. ATTORNEY COLLINS EXPLAINED THAT OUR PRESENT ORDINANCE DOES NOT HAVE A STATUTE OF LIMITATIONS, AND FOR THAT REASON, A 12 MONTH PERIOD BEGINNING FROM THE DATE OF THE ORIGINAL FILING HAS BEEN PUT INTO THE PROPOSED ORDINANCE. THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 8I-11 AMENDING THE INDIAN RIVER COUNTY CODE OF COUNTY ORDINANCES APPENDIX A - ZONING, SECTION 27 (C). MAR 111991 23 BOOK 46 PAGE - 23 _I MAR'11 1991 Boos 46 PAGE 24 INDIAN RIVER COUNTY ORDINANCE NO. 81- 11 AN ORDINANCE RESTRICTING APPLICATIONS FOR AN AMENDMENT, CHANGE OR MODIFICATION OF THE BOUNDARIES OR DISTRICTS, REGULATIONS OR RESTRICTIONS CONTAINED WITHIN APPENDIX A - ZONING, BY RESTRICTING FILING OF NEW APPLICA- TIONS UNTIL AFTER THE EXPIRATION OF TWELVE (12) MONTHS FROM THE FILING OF A PREVIOUS APPLICATION FOR AN AMENDMENT, CHANGE OR MODIFICATION OF THE BOUNDARIES OR DISTRICTS, REGULATIONS OR RESTRICTIONS CONTAINED WITHIN APPENDIX A - ZONING; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Indian River County Code of County Ordinances Appendix A - Zoning, Section 27 Zoning Amendments, Subsection (c) will be amended to read as follows: SECTION 27 ZONING AMENDMENTS (c) Time for Reapplying after Denial. No new application for an amendment, change or modification of the boundaries or districts, regulations or restrictions contained in this chapter shall be permitted to be filed until after the expiration of twelve (12) months from the filing of a previous application with the County Planning and Zoning Department, covering substantially the same lands. This Ordinance shall take effect as provided for by law. This Ordinance shall take effect March 16, 1981. D Crus TnN RE: TREASURE COAST UTILITY SYSTEM ATTORNEY COLLINS EXPLAINED THAT THE BOARD HAS DECIDED TO HOLD A PUBLIC HEARING ON MARCH 16TH AT 7:00 P.M. FOR THE PEOPLE INVOLVED. AT THAT HEARING, HE STATED THAT VARIOUS REPRESENTATIVES OF THE COUNTY AND THE DER WILL BE PRESENT TO PROVIDE VARIOUS REPORTS CONCERNING THE SYSTEM AND ITS DEFICIENCIES. DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT THE COUNTY ADMINISTRATOR WOULD PREPARE THE BACK-UP MATERIAL FOR THE HEARING, SUBJECT TO THE SCRUTINY OF THE ATTORNEY. DISCUSSION RE: SPECIAL COUNSEL FOR SCHLITT REZONING ATTORNEY COLLINS SUGGESTED THAT HE APPOINT ANOTHER ATTORNEY TO ACT AS COUNSEL WHEN THE SCHLITT REZONING IS ON THE AGENDA, ATTORNEY CALDWELL, AN ASSOCIATE OF ATTORNEY COLLINS, OWNS A SMALL PIECE OF PROPERTY IN THIS PARTICULAR AREA BUT EVEN THOUGH ATTORNEY COLLINS HAS RECEIVED NO MONETARY BENEFIT FROM IT, HE WOULD RATHER HAVE THE BOARD CONSIDER HIS REQUEST. DiSCUSSION FOLLOWED,AND IT WAS POINTED OUT THAT ATTORNEY COLLINS WOULD BE PREPARED TO PAY FOR THE COUNSEL THAT WOULD BE TAKING HIS PLACE FOR THAT HEARING. CHAIRMAN LYONS FELT THE BOARD SHOULD ACCEPT ATTORNEY COLLINS' REQUEST, AND THE BOARD AGREED, APPOINTMENTS TO THE PROPERTY APPRAISAL ADJUSTMENT BOARD ATTORNEY COLLINS REMINDED THE BOARD THAT THERE WILL BE TWO HEARINGS HELD THIS YEAR - ONE IN APRIL AND THE OTHER IN AUGUST. HE ADVISED THAT THREE APPOINTEES SHOULD BE ELECTED BY THE BOARD. DISCUSSION FOLLOWED. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER FLETCHER, THE BOARD UNANIMOUSLY ELECTED COMMISSIONER BIRD, COMMISSIONER WODTKE AND COMMISSIONER FLETCHER TO SERVE ON THE FIRST SESSION OF THE PROPERTY APPRAISAL ADJUSTMENT BOARD. B4DK 46 PAGE ?5 25 MAR 111981 MAR 111981 BOOK6 Uc; 2fi s �t THE BOARD NEXT DISCUSSED THE PER DIEM, WHICH WOULD BE APPROXIMATELY $4O A DAY, IT WAS POINTED OUT THAT THE SCHOOL BOARD HAS APPROVED THE PER DIEM FOR THEIR APPOINTEES. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THAT THE BOARD -APPROVE THE PER DIEM FOR THE PROPERTY APPRAISAL ADJUSTMENT BOARD. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. GENERAL DISCUSSION FOLLOWED ABOUT THE PETITIONS, AND IT WAS NOTED THAT MANY OF THE PETITIONERS ARE HAVING THEIR QUESTIONS ANSWERED, WHICH MAY HAVE A DIFFERENCE IN THE AMOUNT OF PETITIONS THAT WILL BE FILED. ATTORNEY COLLINS COMMENTED THAT THE APPOINTMENTS FOR THE' SECOND SESSION OF THE PROPERTY APPRAISAL ADJUSTMENT.BOARD CAN BE HELD LATER IN THE YEAR. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:15 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FROM DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE MEETING. DISCUSSED REQUESTED STREET LIGHT INSTALLATION U.S. I AND VICKERS RD. ADMINISTRATOR NELSON REVIEWED HIS MEMO IN REGARD TO THE ABOVE REQUESTED INSTALLATION: INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: The Honorable Board of DATE: February 10, 1981 County Commissioners FILE: SUBJECT: Request For Street Light To Be Installed At U.S. #1 and Vickers Road FROM: Neil A. Nelson, REFERENCES: County Administrator DESCRIPTION AND CONDITIONS Request has been made by the Breezy Village (MHP) Homeowners As to Commissioners Fletcher, the County Administrator's Office, and Pat Flood, Mayor of Sebastian, to install a street light at the above stated intersection. ALTERNATIVES AND ANALYSIS Per attached report from the County Engineer, this location does not meet the past County criteria justifying placement of a street light. Vickers Road is only .33 miles long (must be minimum of 1.5 miles long to justify a light installation). Furthermore, Vickers Road only serves approximately 60 mobile homes. RECOMMENDATIONS AND FUNDING Based upon the past policy of the Board of County Commissioners, a street light is not justified for installation at this location. We, therefore, do not recommend this installation. This item will, therefore, have no financial impact upon the budget of Indian River County. Neil A. Nelson, County Administrator ADMINISTRATOR NELSON COMMENTED THAT IN THE PAST WE HAVE CREATED TAXING DISTRICTS TO HANDLE STREET LIGHTING, AS IN ROCKRIDGE AND LAURELWOOD SUBDIVISIONS. HE NOTED THAT WEST SIDE RACQUET CLUB PROPERTY OWNERS MADE A SIMILAR REQUEST AND WERE REFUSED. THE ADMINISTRATOR EXPLAINED THAT THE PEOPLE IN BREEZY VILLAGE COULD MAKE THEIR REQUEST DIRECT TO FLORIDA POWER & LIGHT, AND ALTHOUGH THEY WOULD HAVE TO PAY 100% OF THE COST OF THE INSTALLATION, FP&L WOULD MAR 111981 27 BooK 46 PAGE 27 MAR 111981 aoox 6. PACE 2 REBATE 10% OF THE COST TO THEM EACH YEAR; THE MONTHLY COSTS WOULD BE THE SAME AS IF THE COUNTY HAD MADE THE REQUEST OR ABOUT $5.50-$6.00, AND THE INSTALLATION COST PROBABLY WOULD BE IN THE NEIGHBORHOOD OF $100—$120. COMMISSIONER FLETCHER INFORMED THE BOARD THAT THERE ARE SOME RESIDENTS OF BREEZY VILLAGE IN THE AUDIENCE WHO WISH TO SPEAK, AND HE POINTED OUT THAT THE REQUESTED LIGHT DOES NOT DIRECTLY BENEFIT THESE PEOPLE BECAUSE THEY LIVE OVER A MILE AWAY; THEY ARE CONCERNED WITH LIGHTING A VERY BUSY INTERSECTION. .JOSEPH VERDI OF BREEZY VILLAGE SPOKE OF THE NEED TO LIGHT THIS INTERSECTION BECAUSE OF THE LARGE NUMBER OF RETIRED AND ELDERLY PEOPLE IN THE MOBILE HOME PARKS IN THE AREA AND THE DIFFICULTY•OF IDENTIFYING THE INTERSECTION AT NIGHT, WHICH CREATES A VERY DANGEROUS SITUATION ON A MAJOR HIGHWAY. HE FELT THE RESIDENTS SHOULD NOT HAVE TO PAY FOR THIS LIGHT BECAUSE THEY GET HARDLY ANY SERVICES FOR THE TAXES THEY ARE PAYING NOW. IN ADDITION, HE NOTED THAT THIS INTER- SECTION IS A SCHOOL BUS STOP, AND HE FELT IT WOULD BE WELL WORTH THE MINIMAL YEARLY CHARGES AOR ABOUT $60.00) TO SAVE A LIFE. MRS. VERDI NEXT TOOK THE FLOOR AND SPOKE OF THE DANGERS CREATED BY THE DARKNESS OF VICKERS ROAD, IT WAS AGAIN EXPLAINED THAT -THE BOARD.HAS HAD_SIMILAR REQUESTS WHICH HAVE BEEN DENIED. THIS IS NOT A SITUATION OF SINGLING OUT AN AREA; IT RELATES TO COUNTY POLICY. JOHN JONES, ALSO OF BREEZY VILLAGE, NOTED THAT THIS IS THE FIRST TIME THEY HAVE EVER ASKED THE COUNTY TO DO ANYTHING ALTHOUGH THEY PAY TAXES AND MAINTAIN THEIR OWN ROADS. HE EMPHASIZED THIS LIGHT IS NOT ONLY FOR BREEZY VILLAGE BUT FOR THOSE IN THE AREA WHO HAVE CHILDREN GOING TO SCHOOL EARLY WHEN IT IS STILL DARK. HE ALSO SPOKE OF THE DANGERS OF OVERSHOOTING THIS TURN IN THE DARK, AND FELT THAT AT ONE TIME THERE WAS A LIGHT AT THIS CORNER. DISCUSSION FOLLOWED IN REGARD TO SOLVING SOME OF THE PROBLEMS BY REFLECTOR SIGNS AND BETTER IDENTIFICATION SIGNS AT THIS INTERSECTION, s � � AND THE CHAIRMAN FELT WE COULD ASK THE ADMINISTRATOR TO INVESTIGATE WHAT STEPS WE CAN TAKE TO HELP IDENTIFY VICKERS ROAD AT NIGHT. COMMISSIONER FLETCHER EXPLAINED TO THE RESIDENTS PRESENT THAT IF THE BOARD SHOULD IGNORE POLICY AND GRANT THEIR REQUEST, WE WOULD BE FACED WITH AN AVALANCHE OF LIKE REQUESTS, AND IT WAS EMPHASIZED THAT WE MUST BE CONSISTENT ABOUT WHERE WE PUT LIGHTS AND THAT THEIR PARTICULAR SITUATION IS NO DIFFERENT THAN SITUATIONS THAT EXIST IN HUNDREDS OF PLACES IN THE COUNTY, MR. JONES FELT THE COUNTY SHOULD MAINTAIN THEIR ROADS, AND THE CHAIRMAN STATED WE WOULD BE GLAD TO IF THEY WOULD PAVE THEM TO COUNTY STANDARDS, COMMISSIONER WODTKE COMMENTED THAT MR. JONES HAS SAID THERE WAS A LIGHT AT THIS LOCATION AT ONE TIME, AND HE WOULD LIKE THIS TO BE INVESTIGATED BECAUSE IF WE HAD A LIGHT THERE AT ONE TIME AND IT IS NOW NON-FUNCTIONAL, IT IS POSSIBLE WE MAY HAVE SOME RESPONSIBILITY, COMMISSIONER FLETCHER STATED THAT HIS PHILOSOPHY IS THAT GOVERNMENT SHOULD NOT DO FOR INDIVIDUALS WHAT THEY CAN DO FOR THEM- SELVES AND HE WOULD, THEREFORE, MAKE THE FOLLOWING MOTION. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE ADMINISTRATOR WITH THE STIPULATION THAT HE INVESTIGATE THE MATTER OF ROAD IDENTIFICATION SIGNS AND SEE IF WE CAN MAKE THE SUBJECT INTER- SECTION MORE DISTINGUISHABLE AT NIGHT. MR. VERDI REQUESTED THAT THEY BE SENT AN OFFICIAL LETTER EXPLAINING THE BOARDS ACTION, AND ADMINISTRATOR NELSON STATED THAT HE WOULD WRITE SUCH A LETTER, THE BOARD REVIEWED THE ADMINISTRATOR`S MEMO AS TO THE RECOMMENDED IMPLEMENTATION OF THE PUBLIC WORKS ORGANIZATION: MAR 111981 Boa , 6 PAGE 29 29 .. MAR 111991 Bow 46 PAGE 30 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Honorable Members of the DATE: February 27, 1981 FILE: Board of County Commissioners SUBJECT: Public Works Organization Implementation Procedure FROM: Neil A. Nelson, REFERENCES: Interim Report, Public Works County Administrator Kelton & Associates, Inc. This is in response to a request from the County Commission, at the time of acceptance of the Kelton & Associates Interim Report, for procedures to establish the Public Works Department and the reorganization of the Road & Bridge Department. It is recommended that the data herein presented be given formal consideration by the Board. DESCRIPTIONS AND CONDITIONS o The facts, needs, and circumstances involved in the background for this recommendation were furnished to members of the County Commission in the Kelton & Associates Report dated January, 1981, and were discussed in some detail at the Board meeting of -January 28, 1981. ALTERNATIVES AND ANALYSIS The Administration believes the recommendations of the Kelton Public Works Report should be considered for implementation. Alternative organizational charts for reorganization of the Road & Bridge Department to the New Road & Bridge Division are available in the Kelton Report starting on page 16. The most viable alternative reorganization plan is that identified and recommended by Mr. Kelton as Chart No. 3-E. Of the other potential organizational charts, the only possible viable chart would be 3-B. However, this particular plan shows the sign crew under a separate foreman, whereas it is anticipated more direct response time to the Road & Bridge Superintendent requires that this crew be directly under his/her control. Although the second alternative can readily be used and is a very much upgraded plan to what is currently in Road & Bridge Department, plan 3-E is more responsive to the needs of the Division and will provide for more effective management control. PERSONNEL REQUIREMENTS The recommended reorganization ►rill require the following personnel changes: 30 Position 1. Public Works Director (New Position - 6 months) 2. Foreman (1) (Promotion from Crew Leader) 3. Crew Leader (1) (Promotion from Maintenance Worker) 4. Maintenance Worker (1) (Replacement for New Crew Leader) 5. Maintenance Worker (1) (Addition to Sign Crew) FOUR DAY - FORTY HOUR WEEK Salary & Frincles $18,750.00 1,577.00 313.00 2,993.00 2,993.00 Total Personnel Costs $26,626.00 The Administration, upon concurrance from the Board, is prepared to implement a trial of the "four day - forty hour %reek" work schedule. The trial will include three (3) ditch crews, a Gradeall, a Foreman and a Mechanic. Records will be kept during the trial to identify productivity and fuel utilization. RECOMMENDATION AND FUNDING It is recommended that the Kelton Report be implemented by the establishment of a Public tiorks Department and the establishment of the position of the Director of Public Works. Divisions within that department will consist of: Engineering, Equipment Maintenance, Road & Bridge, Solid 'Waste, and Utilities. It is further recommended that Chart 3-E be adopted for the staffing of the Road & Bridge Division. The last recommendation on this report is to change the work week for the personnel of the ditch crews, heavy equipment operator (Gradeall), the foreman, and one mechanic of the Equipment Maintenance Division from the current 8 hour day 5 day week to a 10 hour4 day week, Tuesday through Friday, as a trial group to possible total implementation of this procedure within Road & Bridge Division as well as other divisions under the control of the Director of Public Works. Anticipated costs of the reorganization are as follows: 1. Equipment: Two each compact pickup trucks at $5,400.00 = $10,800.00 Two two-way mobile transceivers at $925.00 = 1,850.00 Sub -Total $12,650.00 2. Personnel Requirements: 26,626.00 Total $39,276.00 Personnel costs can be absorbed in the budget for Road & Bridge Divisicn as a result of attrition during the current fiscal year. Tt1e cost of the . equipment should be transfexed into the capital account from the Federal Revenue Sharing Funds. It is recommended the Board of County Commissioners approve the above recommended implementation plan and direct the Administration to proceed accordingly. NAN:ms Attachments MAR 111981 APPROVED AGENDA ITEM _ q `b g� FOR -- I BOOK U PAGE •31 31 L MAR 111991 ryry B.nox 46 PAGE J2 COMMISSIONER SCURLOCK CONFIRMED THAT WE ARE TALKING ABOUT A PUBLIC WORKS DIRECTOR AND, IN ADDITION, AN ASSISTANT COUNTY ADMINIS- TRATOR. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, TO ACCEPT THE COUNTY ADMINISTRATOR`S RECOMMENDATIONS AS SET OUT IN HIS MEMO OF FEBRUARY 27, 1981, ESTABLISHING THE POSITION OF A PUBLIC WORKS DIRECTOR AND ACCEPTING CHART 3-E OF THE KELTON REPORT FOR REORGANIZATION OF THE ROAD & BRIDGE DEPARTMENT; FUNDING TO BE AS OUTLINED. COMMISSIONER FLETCHER ASSUMED THAT THE TOTAL PERSONNEL COST OF $16,626.00 WAS APPROVED IN THE ORIGINAL BUDGET, AND ADMINISTRATOR NELSON EXPLAINED THAT THE PERSONNEL COST CAN BE ABSORBED IN THE ROAD & BRIDGE BUDGET THIS YEAR BECAUSE ALTHOUGH IN THE BUDGET THEY HAVE. TO GEAR UP FOR 100%, HISTORICALLY THEY NEVER HAVE BEEN ABLE TO FILL ALL THE POSITIONS AUTHORIZED IN THE ROAD & BRIDGE DEPARTMENT. DISCUSSION FOLLOWED ABOUT THE NEW POSITIONS CREATED, AND COMMISSIONER FLETCHER NOTED THAT THE STUDY ORIGINALLY PRESENTED TO THE COMMISSION ON THE IMPACT OF CREATION OF A SIGN -MAKING SHOP STATED IT WOULD NOT IMPACT PERSONNEL. ADMINISTRATOR NELSON EXPLAINED THAT TWO MEN CAN HANDLE THE SIGN -MAKING, BUT THE SUBSEQUENT STUDY DONE BY KELTON DETERMINED THAT WITH THE ADDITIONAL REQUIREMENTS IN REGARD TO PUTTING UP SIGNS AND MAKING INVENTORY, IT WOULD BE HANDLED MUCH MORE EFFECTIVELY BY HAVING AN ADDITIONAL MAN ON THE SIGN CREW. COMMISSIONER WODTKE FELT THE PROPOSED YEARLY SALARY FOR THE PUBLIC WORKS DIRECTOR (ABOUT $27,000 PLUS FRINGE BENEFITS) WOULD CAUSE PROBLEMS SINCE HE DID NOT BELIEVE THE ADMINISTRATOR MAKES MORE THAN THAT HIMSELF. CHAIRMAN LYONS FELT IT IS ABOUT TIME WE BROUGHT THE ADMINISTRATOR UP TO WHERE HE BELONGS AND THAT IN ORDER TO GET THE RIGHT CALIBER PERSON FOR A PUBLIC WORKS DIRECTOR, YOU WOULD HAVE TO PAY ACCORDINGLY. COMMISSIONER SCURLOCK CONCURRED. DISCUSSION FOLLOWED AS TO THE RESPONSIBILITIES OF THE PUBLIC WORKS DIRECTOR, AND MR. KELTON EXPLAINED THAT HE WOULD BE COORDINATING FIVE TO SIX DIVISIONS - UTILITIES - ROAD & BRIDGE - ENGINEERING - LANDFILL - FUEL - MAINTENANCE - AND BASICALLY ASSUMING A GOOD DEAL OF THE DETAIL WORK THE ADMINISTRATOR HAS BEEN HANDLING. AS A RESULT OF THE RECENT CHANGE IN STAFF, THEY FEEL THIS POSITION SHOULD BE CREATED NOW SO THE PUBLIC WORKS DIRECTOR CAN ASSUME THOSE DUTIES AS QUICKLY AS POSSIBLE. COMMISSIONER SCURLOCK AGREED THERE SHOULD BE BOTH A PUBLIC WORKS DIRECTOR AND ASSISTANT COUNTY ADMINISTRATOR BECAUSE THE DIVISION OF THOSE DUTIES ARE SIGNIFICANTLY DIFFERENT TO REQUIRE TWO PEOPLE. COMMISSIONER WODTKE EXPRESSED CONCERN THAT MORE THAN HALF OF THE POSITIONS WE HAVE CREATED IN THE LAST YEAR HAVE BEEN DIRECTOR S POSITIONS. HE HAD NO PROBLEM WITH ADDRESSING THE POSITION OF ASSISTANT ADMINISTRATOR NOW, BUT PREFERRED TO LOOK AT THE TOTAL PICTURE AT BUDGET TIME BEFORE CREATING THE POSITION OF PUBLIC WORKS DIRECTOR. DISCUSSION FOLLOWED REGARDING THE MOTION ON THE FLOOR WHICH DOES NOT SPECIFICALLY MENTION THE ASSISTANT ADMINISTRATOR, AND THE ADMINISTRATOR POINTED OUT THAT THE POSITION OF ASSISTANT COUNTY ADMINISTRATOR HAS BEEN AUTHORIZED PREVIOUSLY. DISCUSSION CONTINUED AS TO THE NEED FOR A PUBLIC WORKS DIRECTOR, WITH THE CHAIRMAN AND COMMISSIONER SCURLOCK STRESSING THE GROWTH OF THE COUNTY, THE EXPANDING COUNTY UTILITY FUNCTION, THE INCREASE IN SUBDIVISIONS, SITE PLANS, ETC., AND THE POSSIBLE SAVINGS TO BE EFFECTED IN THE LONG RUN BY HAVING THE PROPER STAFF TO HANDLE THE WORK MORE EFFICIENTLY. ADMINISTRATOR NELSON CONFIRMED THAT BECAUSE OF THE DYNAMIC CHANGE THE COUNTY IS FACING, IT IS EXTREMELY DIFFICULT TO KEEP PACE WITH THE DEMANDS CREATED BY THE REVAMPING OF THE COMMISSION AGENDA AND THE ADDITIONAL WORK CREATED BY PREPARING FOR A MONTHLY WORKSHOP MEETING, PLUS THE NUMEROUS OTHER WORKSHOP MEETINGS PRESENTLY SCHEDULED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 3 TO 2, WITH COMMISSIONERS WODTKE AND FLETCHER VOTING IN OPPOSITION. MAR 111981 33 46 PAGE 33 46 PAGE 34 CHAIRMAN LYONS AGAIN BROUGHT UP THE MATTER OF RERATING THE ADMINISTRATORS SALARY AND RECOMMENDED RAISING IT FROM $29,500 TO $32,500, WHICH HE NOTED IS STILL BELOW THE AVERAGE FOR THE COUNTIES SURROUNDING US. COMMISSIONER FLETCHER POINTED OUT THAT THIS ITEM WAS NOT ON TODAY IS AGENDA AND INFORMED THE BOARD THAT HE WOULD VOTE AGAINST PLACING IT ON THE AGENDA. CHAIRMAN LYONS STATED THAT HE WOULD PUT THIS MATTER ON THE AGENDA FOR THE NEXT MEETING, AND NOTED THAT HIS RECOMMENDATION STILL STANDS. RESOLUTION 81-17 - APPOINTMENTS TO BOARD OF ADJUSTMENTS AND APPEALS ATTORNEY COLLINS EXPLAINED THAT THE INDIAN RIVER COUNTY BOARD OF ADJUSTMENTS AND APPEALS WAS ESTABLISHED SEVERAL YEARS AGO IN CONJUNCTION WITH THE CITY OF VERO BEACH, AND ITS FUNCTION IS TO INTERPRET THE STANDARD BUILDING CODE BOTH ON BEHALF OF THE CITY AND THE COUNTY. MR. CALMES IS UP FOR REAPPOINTMENT AND WHEN MR. HENSICK RESIGNED, HE WAS REPLACED BY MR. JACOBI, WHOSE POSITION IS ALSO NOW UP FOR REAPPOINTMENT. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, TO ADOPT RESOLUTION 81-17 REAPPOINTING JOHN CALMES AND PAUL JACOBI TO A FOUR YEAR TERM ON THE INDIAN RIVER COUNTY BOARD OF ADJUSTMENTS AND APPEALS. COMMISSIONER FLETCHER WISHED TO HAVE FURTHER INFORMATION ABOUT THIS BOARD AND HOW THE APPOINTMENTS ARE MADE. IT WAS EXPLAINED THAT THIS BOARD WAS SET UP TO HANDLE A VERY NARROW PURPOSE, I.E., CONFLICTS THAT MAY ARISE BETWEEN THE BUILDING OFFICIALS AND THE BUILDERS IN THE TRADE. ATTORNEY COLLINS NOTED THAT THIS BOARD ONLY HAS BEEN IN EXISTENCE A FEW YEARS, AND THERE HAS BEEN NO METHOD OF APPOINTMENT OTHER THAN BY THE ENTIRE BOARD. COMMISSIONER SCURLOCK DISCUSSED THE NEED FOR SPECIFIC EXPERTISE WHICH NECESSITATED THE DEVELOPING OF SUCH A BOARD, AND COMMISSIONER BIRD FELT THE NAME IS MISLEADING SINCE THIS ACTUALLY IS A CONSTRUCTION APPEALS BOARD. IT WAS FURTHER NOTED THAT THIS HAS BEEN A VERY SUCCESSFUL BOARD AND HAS SAVED A LOT OF PROBLEMS. COMMISSIONER FLETCHER STATED HE WOULD LIKE TO SEE THE FUTURE FILLING OF THESE POSITIONS CONFORM MORE TO OUR OTHER POSITION FILLING PROCEDURE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMDUSLY. RESOLUTION NO. 81-17 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that JOHN CALMES and PAUL JACOBI are hereby appointed each to a four (4) year term on the Indian River County Board of Adjustments and Appeals. Said Resolution shall become effective as of the 11th day of March , 1981. BOARD OF COUNTY COMMISSIONERS OF Attest: Freda Wright,1 r Term to expire July 19, 1984. 35 Boa 46?AGE 35 MAR 111991 tp 46PACE 36 REPORT ON PROPOSED SOUTH BEACH WATER SYSTEM BY CONSULTING ENGINEER CHAIRMAN LYONS BROUGHT TO THE ATTENTION OF THE BOARD LETTERS RECEIVED FROM THE MOORINGS AND MOORINGS OF VERO PROPERTY OWNERS ASSOCIATION OBJECTING TO A POSSIBLE FIRE SERVICE ASSESSMENT. THE CHAIRMAN OBJECTED TO THE PROPERTY OWNERS ASSOCIATION USE OF THE WORD ItCLANDESTINE It IN THIS REGARD. MOORINGS OF VERO . PROPERTY OWNERS ASSOCIATION POST OFFICE BOX 3726 - BEACH STATION VERO BEACH. FLORIDA 32960 •T Mr. Patrick B. Lyons, Chairman Indian River County Board of County Commissioners Vero Beach, Florida 32960 Re: Rumored "Fire Service Assessment" Dear Mr. Lyons: March 11, 1981 It has just come to the attention of our Board of Governors that the Board of County Commissioners will consider at its meeting this date the levying of an assessment against all current South Beach resi- dents which would, in effect, finance the extension of water service to future residents of that area. If this rumor is correct, our Board, which represents some 400 property owners in the South Beach now and will eventually represent in excess of 1,000 such residents, wishes to file this protest against such action. Our reasons for filing this protest are basic: .1. We resent the clandestine nature of the proposition whereby an assessment of a significant amount is intended to be levied without adequate notice to the concerned property owners. 2. As a result of the County Commissioners "failure to give notice", the taxpayers who we represent, as well as our Board, are in no position to understand the rationale behind the tax (or assessment). Had we been given adequate notice and information, as well as time to study the proposition, we might well have had no objection to it. However, until we obtain such information and the opportunity to evaluate the basis for and fairness of the proposed action, we feel we must record our strenuous objection. Accordingly, the Board of Governors of Moorings of Vero 'roperty Owners Association, speaking on hc­,ilf of its membership, r:i;"e; to go on record as being opposed to any ac —,on by the Board or Count, �;,ra„issioners on the rumored "Fire Service Assessment" at this time. Your1,11 very tri l_, , Kallman Nashner, President March 10, 1981 Mr. Patrick B. Lyons, Chairman Board of County Commissioners Indian River, County Vero Beach, Florida 32960 Dear Mr. Lyons: We would like to register our opposition to any proposal which extends water service to the South County area at the expense of property owners with vested water rights. This would seem to be under consideration in reading the Supplement to South Beach, Indian River County Water Systems Analysis, dated March 5, 1981, prepared by Consultants to the Board, Sverdrup & Parcel and Associates, Inc. and Beindorf and Asso- ciates, Inc., which states in part: "The Fire Service Assessment could be utilized with either Impact Alternatives. Doing so would spread the total project cost over a larger user ase and allow for lower impact fees for new development." emphasis added) The Moorings Development Company entered into its original contract (hereinafter, "Contract") with the City of Vero Beach for service to The Moorings Subdivision in 1968. The consider- ation required of The Moorings Development Company by said Con- tract was that we pay for the entire cost of the extension and related system. There is no provision for additional monies to be paid for services which The Moorings had previously paid for. Having paid our way initially and since that time, we feel it would be unfair to have an additional price exacted more than 12 years later. We also note that said Contract addresses the question of fire hydrants, and presumably fire service in general. In particular, paragraph 8 provides: "The City will charge $90.00 per year for each hydrant constructed under the terms of this agreement and this charge will be prorated among the water customers located within 500 feet of each fire hydrant so installed, as measured a ong the curbline or street right of way, to each such customer, and this charge will be added to the annual January water bill of each such customer; the City reserves the right to increase or decrease this charge as may be recommended by its consulting engineer." (emphasis added) Furthermore, in 1977, we were compelled to enter into a law suit against the City of Vero Beach to defend our vested water rights. May we additionally point out that the agreement which the County entered into with the City of Vero Beach on October 22, 1980 (hereinafter, "Agreement") repeatedly states that impact fees and assessments are applicable only to new (non vested) property owners. It is, moreover, our contention that to desig- nate the proposed additional assessment a "fire service assess- ment" is a distinction without a difference. -For your edification, we would like to refer Agreement which is replete with assurances that w assessed, as has apparently been suggested by the Paragraph 3, in part, states: MAR 111981 37 you to said will not be consultant: BooK 46?AGE 37 MAR 111991 BOOK "All monies collected for costs associated with engineering and construction of said twenty-four inch (24") water transmission line and all related facilities in the South Beach area may be collected by the County from new water customers non -vested water customers within the South Beach area, from Federal and State grants, or that portion of the County's revenue sharing not based on population or other factors in the City, such as tax effort, per capita income, etc. which effect the computation regarding Federal Revenue Sharing Funds and/or other sources other than ad valorem taxes or other property taxes collected on property situated within the City limits." (emphasis added) and further, "If contributions in aid of construction, County assessments or fees, Federal or State Funds, or other sources of money received by the County do not fully fund all costs of such line and related facilities, the County may impose a County permit fee, assessment, or other legally permissable charge to new water customers (non -vested) in the South Beach area and shall require all such new customers to pay the said fee or charge, and receive a connection permit from the County to be presented to the City before the City will physically connect any such new customer(s) to'the twenty-four inch (24") line or the now existing twelve inch (12") line." (emphasis added) Paragraph 4, in part, states: "South Beach parcels of land that have now acquired the rights to City water under the terms of a pre- vious City -Moorings agreement of 1968 by having here- tofore paid to the City both the then applicable acreage charges and the then applicable tap -on charges, shall not be required to pay any further City or County charges(other than a City security deposit and meter installation charge) to connect to the twelve inch (12") line." (emphasis added and further, "The County will be solely responsible for collecting its monies from all of the new South Beach water customers and developments. emphasis added Paragraph 6, in part, states: 46 PAF 38 "The assumption of the above utility responsibility may cause the City to incur costs for water supply, treatment and transmission that the City would not otherwise have incurred, therefore, the City re- serves the right to levy an impact charge in addition to other rates and charges and said impact charge may apply only to new (non -vested) connections to the South Beach system outside the City limits." emphasis added) In conclusion, based upon the December 18, 1968 Contract between The Moorings Development Company and the City of Vero Beach, and the October 22, 1980 Agreement between the County of Indian River and The City of Vero Beach, we feel such ad- ditional "fire service assessment" is not permissible. We, therefore, would like to make it clear that we are in opposition to any such assessment. Yours very truly, THE N(OORING DEV PM dTC� MPANY i o ohy A. Hu son Staff Counse JOHN ROBBINS, ENGINEER FOR THE JOINT VENTURE, REVIEWED THE SOUTH BEACH WATER SYSTEM ANALYSIS DATED MARCH 5TH AND THE SUPPLEMENT TO THIS ANALYSIS PREPARED BY THE JOINT VENTURE. (COPIES OF THESE REPORTS ARE ON FILE IN THE OFFICE OF THE CLERK.) MR. ROBBINS REPORTED THAT HE CONFERRED WITH GEE & JENSEN, ENGINEERS FOR THE CITY OF VERO BEACH, AND THE CITY IS INSISTING ON A DESIGN CRITERIA BASED ON 950 GALLONS PER DAY WATER CONSUMPTION PER LIVING UNIT. THE PROPOSED 24' LINE IS BASED ON PEAK -HOUR FLOW; THE CONNECTION POINT BEING THE INTERSECTION OF 17TH ST. AND S.R. AlA AND THEN SOUTH TO THE COUNTY LINE. THE ESTIMATED COST OF THE LINE TO THE SOUTHERN CITY LIMIT IS $200,340 AND FOR THE AREA WITHIN THE COUNTY $1,176,000. THESE FIGURES PLUS CONSTRUCTION CONTINGENCIES AND TECHNICAL SERVICES ADD UP TO A TOTAL COST OF $1,787,000. MR. ROBBINS NOTED THAT THIS COST DOES NOT INCLUDE OTHER IMPROVEMENTS NOTED IN THE GEE & JENSEN REPORT TO THE CITY, I.E., A 1.5 MILLION GALLON GROUND STORAGE TANK AND PUMP STATION OR INTEREST COSTS DURING CONSTRUCTION. CHAIRMAN LYONS ASKED IF THE GROUND STORAGE TANK AND PUMP STATION ARE A NECESSARY PART OF THE INSTALLATION, AND MR. ROBBINS STATED THAT TO MAKE THIS SYSTEM FUNCTION AND BE ABLE TO PROVIDE PEAK HOUR FLOWS AND FIRE SERVICE, THEY ARE NECESSARY. MR. ROBBINS EXPLAINED THAT THE AGREEMENT WITH THE CITY DID NOT ADDRESS ITSELF TO THE ADDITIONAL PUMPING STATION OR STORAGE TANK, AND HE,. -THEREFORE, DID NOT HAVE AUTHORITY TO GO INTO THIS DESIGN. HE FELT SUCH A GROUND STORAGE TANK WOULD COST SOMEWHERE BETWEEN $270,000 TO $300,000, NOT INCLUDING LAND. DISCUSSION FOLLOWED REGARDING LOCATION OF THE TANK, AND MR. ROBBINS STATED IT WOULD BE ON COUNTY LAND BY THE MOORINGS. COMMISSIONER SCURLOCK BROUGHT UP THE MATTER OF PROPERTY OWNERS WITH VESTED WATER RIGHTS WHO ALREADY HAVE FIRE SERVICE, AND ATTORNEY COLLINS DISCUSSED FIRE PROTECTION AND THE CRITERIA OF 950 GALLONS PER DAY PER LIVING UNIT. HE NOTED WE NEED TO KNOW EXACTLY THE NUMBER OF CONNECTIONS, THE SPACING OF HYDRANTS, ETC., AND FELT MAR 111981 39 mu 46 'PAGE 39 MAR 111981 40 PAGE 40 IT DOUBTFUL, UNDER PEAK HOUR CONDITIONS, WHETHER FIRE SERVICE COULD BE FURNISHED AT PRESENT. COMMISSIONER SCURLOCK NOTED THAT WOULD ONLY BE TRUE IF EVERYONE WITH A VESTED INTEREST HAD A TAP. COMMISSIONER FLETCHER WISHED TO DETERMINE THAT THE TOTAL FIGURE OF $1,787,000 DOES NOT INCLUDE THE GROUND STORAGE TANK, INTEREST OF FINANCING, ETC., AND MR. ROBBINS CONFIRMED THAT WAS CORRECT. HE STATED THAT BY THE BOARD'S AUTHORIZATION THEY PREPARED THE PRELIMINARY REPORT AND BY COMMITTEE MEETING HAVE GONE INTO THE SUPPLEMENT, WHICH CONTAINS A COMBINATION OF THOUGHTS OF THE ATTORNEY, THE UTILITY DIRECTOR AND THE CHAIRMAN. THIS DOES NOT OUTLINE ALL OPTIONS AVAILABLE, BUT WHAT APPEARED TO BE THE MOST FAVORABLE OPTIONS AVAILABLE IN REGARD TO GETTING THIS FUNDED, COMMISSIONER SCURLOCK COMMENTED THAT HE HAS SOME EXPERTISE IN THIS MATTER AND HE HAD NOT BEEN AWARE THERE WAS A COMMITTEE FORMED OR THAT THERE WERE COMMITTEE MEETINGS GOING ON. ENGINEER ROBBINS BELIEVED THAT It COMMITTEE It WAS THE WRONG TERMINOLOGY; ACTUALLY, HE JUST REQUESTED A GROUP GET TOGETHER TO GIVE HIM SOME DIRECTION. CHAIRMAN LYONS EXPLAINED THAT HE HAD BEEN GIVEN THE RESPONSIBILITY SOME TIME AGO TO TRY TO SOLVE THIS PARTICULAR PROBLEM, AND AS A CONSEQUENCE, HE HAS BEEN IN COMMUNICATION WITH MR. ROBBINS. HE REQUESTED THAT MR, ROBBINS REVIEW THE SUPPLEMENT. MR. ROBBINS NOTED THAT THEY FIRST BEGAN TO STUDY SUPPLYING WATER TO THE ENTIRE SOUTH BEACH AREA BACK IN 1978; THEY HAVE BEEN WORKING WITH THE CITY EVER SINCE TO SOLVE THIS PROBLEM AND NOW HAVE GENERATED COSTS, SIZES, ETC., AND ARE BASICALLY IN AGREEMENT WITH THE CITY ENGINEERS. HE NOTED THERE WERE ADDITIONAL REQUESTS MADE BY DEVELOPERS TO TIE TN UNDER THE OLD MOORINGS AGREEMENT, AND THERE WAS THE ALTERNATIVE OF AN IMPACT FEE. THE BASIC CRITERIA WAS DEVELOPING AN OVERALL WAY TO GENERATE FUNDS AND THEN GENERATE METHODOLOGY FOR DEVELOPERS WHO WANT TO RECEIVE WATER SERVICE NOW. MR. ROBBINS THEN READ ALTERNATIVE #1 AND DISCUSSED VESTED INTERESTS. HE EXPLAINED IN DETAIL HOW HE REACHED A FIGURE OF 3,700 40 POTENTIAL CONNECTIONS BY SUBTRACTING THE ENVIRONMENTALLY SENSITIVE AREAS, RIGHTS-OF-WAY, ETC., FROM THE EXISTING ZONING DENSITIES ALLOWED. MR. ROBBINS NOTED THAT DURING PREPARATION OF THEIR REPORT, THEY WERE ADVISED THE MOORINGS HAD A REZONING WHICH ALLOWED AN INCREASE FROM 650 UNITS TO 1100; THE BASIC ASSUMPTION IS THAT THE MOORINGS WERE VESTED. DISCUSSION ENSUED EQUATING TAP SIZES TO UNITS, AND IT WAS BELIEVED THE TOTAL NUMBER OF CONNECTIONS IS SUFFICIENT FOR THE MOORINGS AS REZONED, COMMISSIONER SCURLOCK NOTED THAT THE MOORINGS HAS A VESTED RIGHT FOR A NUMBER OF TAPS, AND THEY HAVE AN AGREEMENT WITH THE CITY TO DELIVER THE WATER; IT IS NOT THE COUNTY'S PROBLEM. ADMINISTRATOR NELSON SUGGESTED FINDING A WORKSHOP MEETING DATE SINCE THERE ARE A LOT OF QUESTIONS TO BE ANSWERED AND TOUGH DECISIONS TO MAKE. CHAIRMAN LYONS AGREED THAT WOULD GIVE EVERYONE THE OPPOR- TUNITY TO STUDY THESE REPORTS, BUT BELIEVED IT IS WELL TO BRING OUT SOME OF THE BASIC QUESTIONS HERE TODAY. THE CHAIRMAN STATED THAT IF COMMISSIONER SCURLOCK WOULD LIKE TO TAKE HIS PLACE IN THE MATTER OF THE FINAL WRAP UP OF THIS PROJECT AND AGREEMENT, HE WOULD BE GLAD TO ABDICATE HIS POSITION AND MOVE OVER FOR HIM. OFFER. COMMISSIONER SCURLOCK STATED THAT HE WOULD ACCEPT THE ATTORNEY COLLINS BROUGHT UP THE BASIC ALTERNATIVE PRESENTED OF THE COUNTY PROVIDING THE WATER TO THE SOUTH BEACH FROM THE COUNTY SYSTEM, AND WISHED TO HAVE SOME INDICATION OF THE BOARD'S ATTITUDE ABOUT THAT ALTERNATIVE. COMMISSIONER SCURLOCK NOTED THE CITY PRESENTLY HAS AN AGREEMENT WITH THE MOORINGS FOR SERVICE TO THAT AREA; HE QUESTIONED WHETHER THE MOORINGS WOULD WANT TO TRANSFER TO THE COUNTY BECAUSE HE BELIEVED THE COUNTY RATE STRUCTURE WOULD HAVE TO BE SIGNIFICANTLY HIGHER. HE ALSO HAD QUESTIONS ABOUT ANOTHER TRANSMISSION LINE ACROSS THE RIVER BECAUSE OF THE AQUATIC PRESERVE AND FELT THE COST FIGURES MIGHT BE LOW. MAR 111981 41 Box 46 FAGE 41 MAR 111981 "80% 46 PAGE '42 MR. ROBBINS REPORTED THAT THE DER HAS INDICATED THAT AS LONG AS WE PROCEED ALONG NORMAL PERMITTING CHANNELS, THEY DID NOT HAVE ANY PROBLEM WITH A LINE ACROSS THE RIVER FROM OSLO ROAD. HE CONTINUED THAT THE CONSTRUCTION COST OF $200 PER FOOT FOR SUB -AQUEOUS CAME FROM A VERY LARGE RECOGNIZED COMPANY THAT DOES THESE TYPE OF CROSSINGS, AND HE HAS ANOTHER QUOTE OF $150 PER FOOT FROM A FORT LAUDERDALE FIRM. MR. ROBBINS STATED THAT HE MADE A PRESUMPTION BASED ON THE PRESENT RATE STRUCTURE OF A BILL OF $25.00 A MONTH BASED ON A USE OF 7,000- 9,000 GALLONS PER MONTH, AND CONSUMPTION IN THE SOUTH BEACH AREA IS AT A MUCH HIGHER RATE THAN THAT, CITY COUNCILMAN DAVID GREGG COMMENTED THAT THE PRESS HAD ASKED IF THE CITY WAS ABDICATING THEIR RESPONSIBILITY IN THE SOUTH BEACH; HE STATED EMPHATICALLY THAT THE CITY IS NOT; THEY SIGNED AN' AGREEMENT; AND THEY WILL LIVE BY IT. HE PERSONALLY BELIEVED IF THE COUNTY WISHED TO SERVE THE SOUTH BEACH ALL INCLUSIVE, THAT THE CITY WOULD BE WILLING TO TURN OVER ALL THEIR ASSETS AT THEIR COST. COMMISSIONER BIRD DISCUSSED COST ESTIMATES AND INQUIRED WHETHER THE CITY DOES NOT HAVE DEVELOPMENT COSTS FROM PUTTING IN THE PUMPING STATION, ETC., THAT THEY WILL PASS ALONG IN THE FORM OF IMPACT FEES. MR. GREGG STATED THAT THE CITY HAS DEVELOPED AN IMPACT FEE THAT WILL CONSIDER THE ADDED COST OF GETTING ACROSS THE RIVER TO SERVE THE SOUTH BEACH, BUT THE COST OF THE STORAGE TANK AND THE PUMPING STATION WILL NOT BE INCLUDED IN THIS FEE, WHICH WILL AMOUNT TO APPROXIMATELY $1,000 FOR NON -VESTED BEACH RESIDENCES. HE THEN DISCUSSED FIRE PROTECTION, STATING THAT HE, AS A RESIDENT OF THIS AREA, FOUND IT EXTREMELY UPSETTING THAT THERE IS A CONSIDERATION NOW TO IMPOSE AN IMPACT FEE FOR SOMETHING WHICH EVERYONE WHO IS VESTED ALREADY THOUGHT THEY HAD. COMMISSIONER BIRD NOTED THAT IT APPEARS WE ARE TALKING ABOUT AN IMPACT OF $1,000 ON NON -VESTED RESIDENTS FROM THE CITY'S STAND- POINT AND $800 FROM THE COUNTY'S STANDPOINT. COUNCILMAN GRd CLARIFY THIS AND REPORT GG STATED THAT HE HAS A FIGURE THAT MAY D THAT THEY HAVE 400 1" TAPS; THEY HAVE CLOSED IT OFF AND HAVE NO MORE. THESE ARE ACTUAL FIGURES AND THE 400 1" TAPS TRANSLATE TO 577 LIVING UNITS. CHAIRMAN LYONS SUGGESTED THAT WE BRING THIS DISCUSSION TO A CLOSE WITH THE UNDERSTANDING WE WILL LOOK AT THIS INFORMATION AND GO FROM THERE. DISCuSSION FO MEETING DATE, AND IT WA AS EARLY IN THE AFTERN DOT SET FOR 2;30, BUT MEETING WILL BE IN THE LOWED IN REGARDING TO SETTING A WORKSHOP AGREED TO HOLD IT ON THURSDAY, MARCH 26TH, N AS POSSIBLE. THERE IS A MEETING WITH THE SSIBLY THAT CAN BE MOVED UP EARLIER. THE OUNTY COURTROOM IN THE 2001 BUILDING. THE BOARD STUDIED THE ADMINISTRATORS MEMO EXPLAINING THE BACKGROUND OF THE PROPO! LOCATED IN THE LM -1 AND AL RE MINI -WAREHOUSES AND RECOMMENDING THEY BE M-1 DISTRICTS. ' 43 MAR 111991 aoflK- 46 ���E 43 - -- --- --- r MAR 111981 TO: Honorable Members Board of County Commissioners FROM: Neil Nelson County Administrator DATE: March 6, 1981 BonK 46 parf 44 FILE: SUBJECT: Amendment to C-1 Commercial District REFERENCES: Planning & Zoning Commission Meeting This amendment proposal was initiated by the County Commission when Mr. Art Wilson asked for a rezoning of the property of Mr. Dean Bruce from C -1A to M-1 for the purpose of erecting mini -warehouses. This property is located on the north side of Cemetery Road between U.S.#1 and Old Dixie Highway. These gentlemen withdrew the application for the rezoning upon the suggestion of the County Commissioners who agreed to initiate the proposal to amend the 'above indicated section of the ordinance. This public hearing on rezoning was held in September, 1980, and the public hearing on the proposed amendment was held on December 17, 1980, at which time the issue was referred to the Planning and Zoning Commission for consideration. The final discussion on this matter was held by the Planning and Zoning Commission on Thursday, March 5, 1981, and they recommended against adoption of the proposed amendment by a 3 - 1 vote. Tony Soviero, County Attorney, suggested that the provision of the proposed amend- ment would allow mini -warehouses as a special exception. The special exception provision would allow the Planning and Zoning Commission considerable discretion in the determination of the compatibility of use on a site by site basis. The Planning staff suggested that the C -1A Commercial District allows some more intensive uses than the LM-1,Light Manufacturing District. The C -1A District does not specify intended purpose of the district, but contains only special exceptions. The LM -1 District, however, states the purpose of the district as: Purpose of district: The LM -1, Light Manufacturing District, is intended to provide a restricted Light Industrial -District for enclosed storage, research, development, and manufacture of small products making the use of processes of manufacturing not likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, air pollution or other physical mani- festations. The development standards in LM -1 Districts are in- tended to assure an open, uncrowded and attractive appearance through limitations on yards, setbacks, coverage and location of incidental activities. The LM -1 District uses shall bd located with convenient access to transportation facilities. (Ord. No. 74-27, 1-15-75) The M-1, Industrial District allows storage under the following provision: (A) Uses permitted. In this district a building or premises may be used only for the following purposes: 1) Retail, wholesale, rental, distribution, auction and/or storage of new or used goods. Based on these considerations, it is felt mini -warehouses are most appropriately located in the LM -1 and M-1 Districts. DEAN BRUCE, OWNER OF THE PROPERTY ON U.S. 1 NORTH OF CEMETERY ROAD PREVIOUSLY UP FOR REZONING, SPOKE IN FAVOR OF HAVING MINI -WAREHOUSES ALLOWED AS A SPECIAL EXCEPTION IN C -IA ZONING, NOTING THAT THEY ARE ONE OF THE LEAST OFFENSIVE THINGS THAT COULD BE PUT IN THIS ZONING. HE CONTINUED THAT HE FELT THIS WAY EVEN THOUGH HE IS NOT NOW GOING TO BE INVOLVED IN BUILDING MINI -WAREHOUSES ON THIS PROPERTY. MR. BRUCE EXPLAINED THAT THERE IS NO SEWER AND WATER IN THE AREA WHERE.THIS PROPERTY IS LOCATED, WHICH HE FELT WOULD PROHIBIT BUILDINGS, BARS, RESTAURANTS, MOTELS, ETC., BUT WOULD NOT POSE A PROBLEM WITH MINI -WAREHOUSES. COMMISSIONER FLETCHER COMMENTED THAT MR. BRUCE APPARENTLY IS ASKING THE BOARD TO AMEND THE ORDINANCE TO MAKE THIS LAND MORE SALEABLE AND HE DID NOT FEEL THE BOARD CAN CHANGE ZONING JUST FOR THIS PURPOSE BECSE IF THEY DID, THEY WOULD HAVE A FLOOD OF APPLICANTS. HE CONTINUED THAT HE WOULD HAVE NO PROBLEM WITH REZONING THE PROPERTY IF MR. BRUCE ACTUALLY WERE GOING TO BUILD A MINI -WAREHOUSE. COMMISSIONER WODTKE CONCURRED THAT HE WOULD NOT VOTE FOR ANY REZONING TO PUT MONEY IN SOMEONE IS POCKET ON A SPECULATIVE BASIS AND HE ONLY CONSIDERED THIS REQUEST BEFORE SO THAT MR. BRUCE COULD ACTUALLY CONSTRUCT MINI -WAREHOUSES. HE POINTED OUT THAT TODAY WE ARE NOT DEALING WITH A SPECIFIC PIECE OF PROPERTY, BUT JUST CONSIDERING WHETHER WE WISH TO ALLOW MINI -WAREHOUSES AS A SPECIAL EXCEPTION IN C -IA ZONES ANYWHERE IN THE COUNTY. THE GENERAL CONSENSUS OF THE BOARD WAS THAT THEY DID NOT FAVOR AMENDING THE ORDINANCE TO ALLOW MINI -WAREHOUSES IN C -1A AS A SPECIAL EXCEPTION, AND ATTORNEY COLLINS NOTED THAT NO ACTION WAS REQUIRED SINCE THERE WOULD BE NO ORDINANCE CHANGE REQUIRING A PUBLIC HEARING. CHANGE ORDER N0. 17 - ADMINISTRATION BUILDING CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS RECOMMENDED THAT CHANGE ORDER #17 - ADMINISTRATION BUILDING BE APPROVED. 45 MAR 111981 BOOK 46 PAGE 45 MAR 111991 Bou 46 PAGE 46 HE EXPLAINED THAT THIS INVOLVES AREAS IN THE SCHOOL BOARD WING THAT NEED MORE TELEPHONE OUTLETS. THESE WERE PRESENTED BY SCHOOL PERSONNEL BECAUSE OF THEIR REORGANIZATION AND CHANGES IN STAFF. COMMISSIONER FLETCHER QUESTIONED THE ATTORNEY AS TO THE SCHOOL BOARD REQUESTING CHANGE ORDERS TO A COUNTY BUILDING, AND ATTORNEY COLLINS FELT THAT IS THE PROCEDURE, BUT THAT WHEN THE SCHOOL BOARD REQUESTS CHANGE ORDERS THEY ARE RESPONSIBLE FOR, IT SHOULD BE AGREED THAT WE WILL BE PAID BACK. DISCUSSION FOLLOWED AS TO WHETHER AT THE TIME THE LEASE WITH THE SCHOOL BOARD WAS NEGOTIATED AND THE DRAWINGS APPROVED, THEY WERE AWARE OF THE NUMBER OF OUTLETS THAT WERE GOING TO BE PROVIDED. MR. KIRSCH OF CONNELL, METCALF & EDDY EXPLAINED THAT•AT THE TIME THE PLANS WERE COMPLETED, THE SCHOOL BOARD HAD A SET OF PLANS AND WENT OVER THEM TO PLACE THE OUTLETS. IN THE COMPUTER AREA, HOWEVER, THEY HAD NO IDEA WHAT EQUIPMENT THEY WOULD PURCHASE OR LEASE, AND IT WAS NECESSARY TO WAIT UNTIL THEY GOT THIS EQUIPMENT. DISCUSSION CONTINUED, AND ATTORNEY COLLINS SUGGESTED THAT SINCE TIME IS OF THE ESSENCE THAT THE CHANGE ORDER BE APPROVED SUBJECT TO THE ADMINISTRATOR RECEIVING ASSURANCE THAT THE SCHOOL BOARD WILL RECOMPENSE. UPON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS— SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER N0. 17 — ADMINISTRATION BUILDING, AND AUTHORIZED THE CHAIRMAN TO SIGN SAME UPON RECEIVING THE SCHOOL BOARDS COMMITMENT TO RECOMPENSE THE COUNTY FOR THE CHANGES INVOLVED. l OWNER CHANGE ARCHITECT ❑ ORDER CONTRACTOR (] FIELD ❑ AIA DOCUMENT G701 OTHER PROJECT: Indian River County (name. address)AdministratIon Bldg. TO (Contractor) f—Reinhold Construction Inc. P.O, Box 666 Cocoa, F1. 32922 CiiANGE ORDER NUMBER:17 (seventeen) ARCHITECT'S PROJECT NO: CONTRACT FOR. Additions J CONTRACT DATE: You are directed to make the following changes in this Contract: Cp- 43 (Rev. 1/19/81) 1- provide additional dupl rex receptacles, telephonAtsooutlets introtams telepower" poles in Rooms W-189,1909 and 191. W-162,185,186,192, and 193. 9363 & Renovatoons $5,181.92 The proposed changes in the work may result in additional time required beyond the contract complitiotn date. Additional time will beadded dedcontoactor the contract that is directly related to this change order. T will be paid for the additional required days at the rate of $300.00 (three hundred) per day for fixed overhoad costs. The number of days are reflected in CP- 43. Owner request - see attached Change Proposal S 2,748,000.00 The original Contract Sum was . . . . . . . . • • • . • $ 207,398.18 Net change by previous Change Orders . . . . . . • • • • . • • • . $ 2,955,398.18 The Contract Sum prior to this Change Order was . . . . . • . • • • • • ' ' 5,181.92 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . • . $ 2,960,580.10 The new Contract Sum including this Change Order will be . • • • • • • • ' ' ( )Days. The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is Connell Metcalf l; EdJy Reinhold Construction Inc. ARCHIT ECTJ-3 X 1 iie iWB�— CONTRACTOR U. "a es El r-33134 cocoa , F --3232-2 Address Address BY / /" r BY DATE 312 2 ! ,F1 DATE Indian River County OWNER 445 -44th -Ave Vero Beach,f 23 960 Address BY DATE AIA DOCUMENT G741 • CHANGE ORDER • APRIL 1970 EDITION • AIAS • O 1970 • THE O%E PAGE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 47 Bou 46 PAGE 47 _I MAR 111991 Boa 46 FACE 48 CHANGE ORDERS 18A, B, C, & D - RE FIRE FALLS, ADMINISTRATION BUILDING MR. KIRSCH OF CONNELL METCALF & EDDY EXPLAINED THAT AT THE TIME THEY LAID OUT PLANS FOR THE COUNTY, THEY MET WITH THE BUILDING DEPARTMENT AND THE FIRE MARSHALL AND WENT THROUGH THE ADMINISTRATION BUILDING. MANY OF THE WALLS DESIGNATED AS FIRE WALLS ALREADY ARE EXISTING FIRE WALLS AND HAVE A TWO-HOUR FIRE RATING, WHICH IS HIGHER THAN THE ONE-HOUR RATING WE NOW NEED. THESE WALLS WERE ACCEPTABLE TO THE FIRE MARSHALL. WHEN THE CEILINGS WERE OPENED, IT WAS FOUND THAT IN MANY CASES, THE EXISTING FIRE WALL DID NOT REACH ALL THE WAY UP TO THE UNDERSIDE OF THE CEILING STRUCTURE. THIS IS REQUIRED BY CODE, AND THESE ARE THE THE NEW WALLS THEY HAD TO PUT IN ON THE PLANS DESIG- NATED AS ONE-HOUR FIRE WALLS; WHERE THERE WERE OPENINGS THAT HAD TO BE CLOSED, IT WAS INDICATED TO PUT IN NEW FIRE WALLS. ISR. KIRSCH NOTED THAT NO FIRE WALL CAN BE A PARTIAL FIRE WALL; THE WHOLE WALL HAS TO BE A FIRE WALL. HE POINTED OUT THAT NO QUESTIONS WERE RAISED BY THE CONTRACTOR ABOUT FIRE WALLS EITHER WHEN THEY WENT THROUGH THE BUILDING TOGETHER OR AT THE PRE -CONSTRUCTION MEETING. THE FIRST TIME ANY QUESTION CAME UP WAS IN NOVEMBER WHEN THEY WERE INFORMED BY THE CON- TRACTOR THAT HE DID NOT FIGURE IN HIS BID PRICE THE EXTENSION OF THE FIRE WALLS. THEY NOW HAVE RECEIVED NEW COSTING FOR THE FIRE WALLS - $69,697 TO PROVIDE ONE-HOUR FIRE RATED WALLS UP TO THE UNDERSIDE OF THE STRUCTURE; $33,870 RELATED TO REMOVAL AND RE -INSTALLATION OF ACOUS- TICAL CEILINGS; $7,500 FOR ELECTRICAL RELOCATION; AND $2,000 FOR TOUCH-UP WORK. MR. KIRSCH STATED THAT HE COULD NOT ACCEPT THOSE PRICES. HE CONTINUED THAT ALTHOUGH THERE ARE MANY AREAS THEIR PLANS COVERED, THERE MAY BE SOME QUESTION OF WHAT THE CONTRACTOR UNDERSTOOD AND WHAT HE RAN INTO. QUESTIONS FOLLOWED AS TO WHETHER IT WAS ISR. KIRSCHES' POSITION THAT THE PLANS CALLED FOR THE ADDITIONAL FIREWALLS. MR, KIRSCH SPREAD OUT THE PLANS AND POINTED OUT THE EXISTING FIRE WALLS AND WHERE THEY HAD TO BE EXTENDED AND FELT THE CONTRACTOR SHOULD HAVE UNDERSTOOD. y CONSTRUCTION PROJECT REPRESENTATIVE, HERCULES KONTOULAS, INFORMED THE BOARD THAT HE CONCURRED WITH MR., KIRSCH BECAUSE BEFORE BIDDING TOOK PLACE, HE HAD THE CEILINGS IN THE CORRIDORS TORN DOWN AND THIS CONDITION WAS EXPOSED. HE DID NOTE THAT THERE COULD BE SOME QUESTION, BECAUSE THE PLASTERED CEILING AREAS WERE NOT TORN OUT. MR. SNODGRASS OF REINHOLD CONSTRUCTION POINTED OUT THAT THERE IS A VERY SPECIFIC SYMBOL ON THE PLAN WHICH STANDS FOR NEW DRY- WALL PETITION FLOOR TO ROOF WITH ONE-HOUR FIRE RATING. HE NOTED THAT MR. KIRSCH APPARENTLY IS SAYING THE CONTRACTOR SHOULD HAVE ASSUMED THAT SYMBOL WAS TO BE INCLUDED IN THE WALLS HE NOW IS INCLUDING AS FIREWALLS. CHAIRMAN LYONS ASKED WHETHER MR. SNODGRASS AS A CONTRACTOR OR MR. KIRSCH AS AN ARCHITECT WOULD, FROM THE STANDPOINT OF DRAFTING PRACTICE, ASSUME THAT THE FIRE WALL SYMBOL APPLIES ONLY A CERTAIN DISTANCE AND GOES NO FURTHER, MR. KIRSCH STATED THAT IF HE, AS A CONTRACTOR KNOWING THE CODE, SAW THIS AND HAD A QUESTION, HE WOULD FOLLOW THE CODE AND ADDRESS THE QUESTION TO THE ARCHITECT. MR. SNODGRASS EMPHASIZED THAT THE CONTRACTOR IS RESPONSIBLE TO PROVIDE WHAT IS ON THE DRAWINGS AND THAT IS WHAT THEY BID AND CON- TRACTED FOR. HE STATED THE FIRE WALLS THEY BID ARE VERY CLEARLY SET OUT, AND THE CONTRACTOR HAD NO H44Y OF KNOWING ABOUT ANY OTHER FIRE WALLS, ARGUMENT CONTINUED IN THIS VEIN, AND THE BOARD INDICATED THAT THERE ARE CERTAIN THINGS THEY WOULD ASSUME A RESPONSIBLE CONTRACTOR WOULD BE AWARE OF. THEY DOUBTED THAT HE WOULD EXPECT WE WOULD WANT TO BE PROVIDED WITH HALF A FIRE WALL IN A ROOM AND FELT IF THERE WAS ANY QUESTION, THE CONTRACTOR SHOULD HAVE ASKED, DISCUSSION FOLLOWED AS TO WHEN THE FIRE WALL PROBLEM FIRST SURFACED, AND .JOSEPH "BUDDY" FOXWORTH, THE CONTRACTORS SUPERINTENDENT, STATED THAT THIS FIRE WALL THING HAS BEEN COMING UP SINCE DAY ONE; THAT HE, HIMSELF, POINTED OUT THAT THE FIRE WALL SYSTEM WAS NO GOOD AND WOULD NOT WORK, AND EVERYONE IGNORED IT. COMMISSIONER WODTKE ASKED WHY REINHOLD EVEN BID THE JOB IF THEY KNEW FROM itDAYONE" THAT THE FIRE WALL WAS NO GOOD, AND MR. 49 BQQK 46 PAGE 49 .•;_.sr�:. ,..-�,--'��.�i--�s-�a^ s a.., Tem'�r'T�'.e�-..n::aFsa.�s�..�'�T����uv..�-' ,'.'-',ua6..�wT_'^�'.xaTT :--^�,ic.t�,. :.� ,�._7., n.:u��v c,�.,..�' . "-'p. .-�,��,� .., rti_..s�a y._ircR .n _. m MAR 111981 BOOS 46 PAGE 50 SNODGRASS STATED THAT WHEN THEY BID THE JOB, THEY HAD ONLY THE PLANS TO GO BY; IN NO PLACE, OTHER THAN THAT ONE SYMBOL DOES IT INDICATE FIRE WALLS, AND AT THAT TIME, THEIR SUPERINTENDENT HAD NOTHING TO DO WITH THE PLANS. THE DISPUTE CONTINUED, AND ATTORNEY COLLINS ASKED IF THE ARCHITECT DID INDICATE THE FIRE WALLS ON THE PLANS, WHY WOULD HE APPROVE ANY CHANGE ORDER FOR THE COUNTY. MR. KIRSCH STATED THAT THERE DEFINITELY WERE SOME UNFORESEEN CONDITIONS WHICH NEITHER HE NOR THE CONTRACTOR COULD HAVE BEEN AWARE OF. DISCUSSION THEN FOLLOWED AS TO IDENTIFYING THE UNFORESEEN CONDITIONS THE ARCHITECT CONSIDERED TO BE VALID CHARGES AND AUTHORIZING A CHANGE ORDER ON THOSE, IT WAS NOTED THAT WE NEED A DOCUMENT WHICH WILL SERVE TO MOVE THIS JOB ALONG AND TO DEFINE OUR DIFFERENCES. MR. SNODGRASS CONTINUED TO CONTEND THAT EVEN IF ALL THE CEILINGS HAD'BEEN TORN DOWN, THEY STILL WOULD NOT KNOW WHAT THE FIRE WALLS WERE SUPPOSED TO BE BECAUSE IT DOES NOT SHOW ON THE PLAN. HE SUGGESTED THAT TO GET THIS THING MOVING, THE COUNTY GIVE -THEM AN ORDER; THEY WILL PROTEST IT; THEY WILL DO THE WORK; AND THEN THEY WILL DEMAND THAT THE FULL MATTER BE ARBITRATED. THE BOARD CONCURRED, AND ATTORNEY COLLINS NOTED THAT THERE IS AN ARBITRATION PROCEDURE SET OUT IN THE CONTRACT. MR. KIRSCH STATED THAT HE WOULD WRITE UP AN ORDER, BREAKING OUT FROM HIS LIST ANYTHING THEY CONSIDERED UNFORESEEN. COMMISSIONER BIRD QUESTIONED, IF WE STILL ARE GOING BY THE SAME SET OF PLANS THAT THE CONTRACTOR DID NOT UNDERSTAND BEFORE, HOW CAN WE EXPECT HIM TO UNDERSTAND THEM NOW WITH THE NEW CHANGE ORDER, AND COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT BEING ASSURED THAT THE FIRE WALLS WILL BE TOTALLY BUILT AND NOT HAVING THE CONTRACTOR COME BACK A MONTH OR SO FROM NOW STILL SAYING HE FEELS SOME WALLS WERE NOT INCLUDED IN THE ORIGINAL PLAN, AND WE STILL HAVE ONLY HALF OF THE FIRE WALLS BUILT. 01 � � r MR. SNODGRASS STATED THAT THEY WILL FINISH THE JOB; THEY ARE OBLIGATED BY THEIR CONTRACT TO DO SO. IF THE BOARD ORDERS THEM TO DO THE ADDITIONAL WORK AND REFUSES TO ADJUST THE CONTRACT, THEY WILL ONLY DO THE WORK UNDER PROTEST AND THEN DEMAND AN ARBITRATION. MR, KIRSCH EMPHASIZED THAT HE WILL GIVE THEM A LIST OF WHAT HE FEELS IS REASONABLE. HE NOTED THAT ALL HE WANTS IS A ONE- HOUR FIRE RATED WALL TO BE BUILT BY THE PLANS AND CONTINUED THAT EVERY FIREWALL HAS A NUMBER AND EVERY NUMBER IS LINED OUT WITH A DESCRIPTION. HE ESTIMATED IT WOULD TAKE HIM ABOUT A WEEK TO GET THIS INFORMATION COMPILED AND READY FOR THE BOARD TO CONSIDER. AFTER FURTHER DISCUSSION, IT WAS AGREED TO CALL A SPECIAL MEETING FOR WEDNESDAY EVENING, MARCH 18TH, AT 7:00 P.M. IN ROOM 202 OF THE 2001 BUILDING TO REVIEW THE CHANGE ORDERS DISCUSSED. PRELIMINARY PLAT APPROVAL - QUEENS WAY SUBDIVISION ADMINISTRATOR NELSON RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT OF QUEENS WAY SUBDIVISION AS SET OUT IN THE FOLLOWING MEMO: 51 MAR 111981 46 uu 51 TO: Board of County CommissioncQATE: 3-4-81 FROM: Neil A. Nelson County Administrator BOOK 46 PAG E 5� FILE: SUBJECT: Preliminary Plat Approval of Queens Way S/D. REFERENCES: Description and Conditions Carter Associates, Inc. has requested preliminary plat approval of Queens Way Subdivision. The T.R.C. met on this subdivision January 6, 1981 and unanimously recommended approval with the following stipulations: 1. That the easements, rights of way, road maintenance, and drainage facilities maintenance would remain with the developer and/or the property owners association as private. 2. An agent for the developer will meet with the County Engineer to further define and discuss the road configuration and layout. The County Engineer has met with the agent and has reviewed the plat and in his memo to the County Administrator dated 2-24-81 recommended preliminary plat approval. Alternatives and Analysis The developers have met all requirements for preliminary plat approval. Recommendation That the Board approve the preliminary plat of Queens Way Subdivision. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF QUEENS WAY SUBDIVISION. 52 SALE AND REMOVAL OF VACATED DWELLING UNITS AT ROAD & BRIDGE COMPLEX RECOMMENDATIONS REGARDING THE ABOVE BUILDINGS ARE SET OUT IN THE FOLLOWING MEMO: TO: Honorable Board of LATE: March 2, 1981 FILE: County Commissioners SUBJECT: Sale and Removal or Demolition of 2 Existing Single Residences Presently on Road & Bridge Div. Complex Site - 4625 41st Street THRU: Neil A. Nelson, County Administrator FROM: James W. Davis, P.E.w REFERENCES: County Engineer DESCRIPTION AND CONDITIONS Presently, two dilapidated single family wood frame residences exist on the above subject site. Inspection of these structures reveal that they are not usable not, economically restorable. The buildings occupy a site which could be used for the temporary location of the Soil Conservation Service mobile office scheduled for arrival in mid - March 1981. This office trailer requires a septic tank connection. An existing septic tank serves these buildings which the Health Department does not object to us using for the office trailer. ALTERNATIVES AND ANALYSIS To accomodate the Soil Conservation Service mobile office and to rid the County of any future liability and cost associated with the two deteriorated frame buildings, the following is suggested: 1. Advertise to sell the 2 existing frame buildings in an "as is" condition with relocation to another site being the responsibility of the purchaser. 2. If no bids are received for the purchase of the structures, instruct the Road and Bridge Division staff to demolish and remove the structures, at the same time, preserving the integrity of the existing septic tanks if possible. 3. Once removal of the buildings is accomplished by either (1) or (2) above, prepare the site to accomodate the Soil Conservation Service mobile office trailer, utilizing the existing septic tank if possible. 4. If -the existing septic tank is destroyed or unusable, reconstruct, repair, or replace the septic tank as required. 53 MAR 111991 d BOOK 46 PACE 53 MAR 111981 RECOMMENDATIONS AND FUNDING I Boox 46 PACE 54 Based upon the above analysis, the following is recommended: 1. Approve the advertisement for bids to sell the existing 2 frame buildings including removal by the intended purchaser. 2. If no bids are received, approve demolition and removal of the existing structures. 3. Approve temporary placement of the Soil Conservation Service mobile office trailer at the subject site utilizing the existing septic tank and/or a new tank if needed at a cost of approximately $700.00 to be installed by the County. Funding to be from account # 004-214-541-34.61, Road & Bridge Department. Recommend placing this item on the agenda of the regular scheduled March 11, 1981 meeting of the Board of County Commissioners. COMMISSIONER FLETCHER CONCURRED THAT THE BUILDINGS HAVE NO STRUCTURAL INTEGRITY AND ARE NOT USABLE, BUT HE FELT THEY DO HAVE SOME USABLE LUMBER. HE SUGGESTED THAT THEY BE ADVERTISED NOT "AS IS° BUT FOR SALVAGE MATERIAL AND THAT THE ATTORNEY DRAW UP A DISCLAIMER FOR ANYONE GOING IN THERE TO TAKE OUT WHAT THEY WANT. DISCUSSION FOLLOWED AS TO THE DISADVANTAGES OF HAVING A NUMBER OF INDIVIDUALS IN AND OUT OF THESE BUILDINGS, AND IT WAS FELT THEY SHOULD EITHER BE REMOVED OR DEMOLISHED. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY AUTHORIZED'THE ADMINISTRATOR TO ADVERTISE FOR EITHER DEMOLITION OR REMOVAL OF THE SUBJECT DWELLINGS. L)ISCUSSION RE POSSIBLE CLOSING OF WINTER BEACH TRANSFER STATION THE BOARD STUDIED THE FOLLOWING MEMO RECOMMENDING TEMPORARY CLOSING OF THE WINTER BEACH TRANSFER STATION: 9E TO: Board of County CommissionGATE: 3-3-81 FROM: Neil A. Nelson County Administrator F1 LE: SUBJECT: Winter Beach Transfer Station REFERENCES: Description and Conditions Post, Buckley, Schuh & Jernigan, Inc. in the Solid Waste Management Plan of January 1978, recommended that the County consider the closing of the Winter Beach Station. Based upon this a survey of this station was conducted. The results of this are as follows: February 4, 1981 - no refuse " 5, - no refuse ' " 6, - 3150 lbs. 7, " - 2920 " 8, " - no refuse 9, - 8,490 lbs. Total six day survey - 14,560 lbs. = $65.52 total revenue for this period. Cost to service - labor & fuel - approximately $83.00 same period. Recommendations Because of the maximum use of this station by residents of this area and the cost of labor and equipment to service -same, I recommend this station be closed until the demand increases. 4-11. �'c - ' eil Nelson, County A inistrator IN DISCUSSION, IT WAS GENERALLY AGREED THAT SIX DAYS WAS A VERY SHORT SURVEY TIME AND THAT TO DISCONTINUE USE OF THIS STATION WOULD CAUSE MORE PROBLEMS THAN BENEFITS. TO ALLEVIATE COSTS, IT WAS SUGGESTED THAT PICKUPS BE MADE LESS FREQUENTLY. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY DIRECTED THE ADMINISTRATOR TO LEAVE THE WINTER BEACH COLLECTOR STATION OPEN. 55 MAR 111981 BOOK 46 PAGE 55 r MAR 111991 8Pw 46 PACE 56 STATE AID AGREEMENT FOR COUNTY LIBRARY THE BOARD REVIEWED THE FOLLOWING MEMOS EXPLAINING THE STATUS OF STATE FUNDING FOR THE LIBRARY: TO: The Honorable Board of County Commissioners FROM: Neil A. Nelson, County Administrator DATE: March 5., 1981 FILE: SUBJECT: Indian River County Library State Aid Agreement REFERENCES: Secretary of State, George Firestone, has informed us that Indian River County's application for 1981 State Aid Library Funds has been approved. DESCRIPTION AND CONDITIONS Florida Statutes provide for State assistance to counties operating public library systems, under certain conditions. Conditions under which the library must operate in exchange for receipt of these grant funds relate to the existence of a "free Public Library" and access to financial records when an audit review is deemed necessary by the Florida Division of Library Services. The formula provided under section 257.17-19 of Florida Statutes allows for State aid of up to $.25 for each dollar of local expenditure for library services during the preceding fiscal year. However, due to less than full funding in the State budget, it is necessary in this fiscal year, as it has been in past fiscal years, for the State to prorate the reimbursement among the fifty-four eligible counties. We have been advised that Indian River County's prorata share for fiscal year 1980-81 is $12,057.00. This figure represents 43.95;' of the amount for which Indian River County qualified under the State formula. The Secretary of State's Office has requested that the County execute the "State Aid to Libraries Agreement", returning appropriate copies to the Secretary's office. Upon receipt of the executed agreement the State will mail a check for approximately 50% of the eligible funds, with the balance of the funds expected for payment on or about July 1, 1981. RECOMMENDATION AND FUNDING The Administration recommends the Board of County Commissioners approve the agreement with the State of Florida and authorize the Chairman's signature. Revenues were anticipated in the current budget from this source. Failure to receive these funds, due to not executing the requested agreement, will result in a revenue shortfall. APPROVED AGENDA ITEM �e FOR ei l'SZ� Nel son, County dmini strator BY r �s PAGE 1 of 1 56 TO: Honorable Members of the DATE: March 5, 1981 Board of County Commissioners FROM: Neil A. Nelson, County Administrator FILE: SUBJECT: State Aid to Libraries REFERENCES: Secretary of State George Firestone's letter dated February 6, 1981 We are in receipt of above referenced letter addressed to Chairman Lyons, requesting the Board of County Commissioners to support the Secretary's budget request for "full funding" of the State Aid to Libraries law. DESCRIPTION AND CONDITIONS Florida Statutes Section 257.17-19 provide for State funding to county libraries under a formula which allows $.25 for each $1.00 of local expenditure. Fifty-four counties presently qualify for the approximate $3.75 million which has been appropriated by the Legislature. This appropriation allows for a prorated distribution which represents approximately 43.95% of the amount for which the fifty-four eligible counties qualified. For fiscal year 1979-80, the proration was 42.87%. Secretary Firestone has submitted a legislative budget request for FY 1981-82 of $10,048,983; an amount necessary to allow funding to the counties at the level authorized by the statutes. He has requested that we communicate with our legislative delegation indicating support of the budget request. RECOMMENDATIONS AND FUNDING In fiscal year 1980-81, Indian River County will receive $12,067 under the "aid to libraries" program. Under Secretary Firestone's budget request for FY 1981-82. it has been estimated we will receive $30,325. While this difference of $18,000 is not substantial in terms of our total budget, it would help offset some of our current and. anticipated cost increases; particularly those which -are the result of "state mandates". Based upon the above review and discussion, the Administration recommends the Board of County Commissioners direct the preparation of appropriate communications with our delegation with copies to Secretary Firestone and SACC, and authorize the Chairman's signature. APPROVED AGENDA ITEM FOR '� �® NeiA�*A. �soou4nty-<-ministratTr BY ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, BY A 4 TO I VOTE, COMMISSIONER FLETCHER VOTING IN OPPOSITION, THE BOARD APPROVED THE AGREEMENT FOR STATE AID TO LIBRARIES AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 57 MAR 111981 BOOK 46 PACE 57 MAR 111991 STATE AID TO LIBRARIES Agreement between STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES and the BOARD OF COUNTY COMMISSIONERS of INDIAN RIVER COUNTY This Agreement, made and entered into this BQOK 46 PvE 58 lith day of March , 1981, by and between the State of Florida, Department of State, Division of Library Services, hereinafter referred to as the DIVISION, and the Board of County Commissioners of Indian River County, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the DIVISION is authorized pursuant to Sections 257.17, 257.18, and 257.19, Florida Statutes, to administer operating, equalization, and establishment grants for public library service; and, WHEREAS, funds have been appropriated to the DIVISION under Sections 257.17, 257.18, and 257.19, Florida Statutes; and, WHEREAS, the COUNTY has made application and certified eligibility for receipt of a grant authorized under 257.17, Florida Statutes; and, WHEREAS, the COUNTY has centrally expended for the operation of public library service during the fiscal year ending September 30, 1979, the amount of $ 109,827 , exclusive of federal and state grants; NOW THEREFORE, WITNESSETH THAT the parties hereto mutually agree, in execution of the Agreement, as follows: The COUNTY agrees to expend grant funds awarded pursuant to this 80 - Al Agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and Chapter 16-2, Florida Administrative Code, relating to free public library service, and to provide access to financial records when an audit review is deemed necessary by the DIVISION. II The DIVISION, for and in consideration of the COUNTY performance hereinunder, awards an operating grant in the amount of twelve thousand and sixty-seven dollars ($ 12, 067 ), to be released in quarterly allotments, in accordance with the schedule set forth in ATTACHMENT A. IN WITNESSETH WHEREOF, the parties hereto have agreed and executed the Agreement the date and year first above written. ATTEST: Clerk of the.Circuit C urt X -M George Firestone Secretary of State State of Florida rs BQOK 46 f:�GE 59 MAR 111981 October 1, 1980 January 1, 1981 April 1, 1981 July 1, 1981 ATTACHMENT A Quarterly Allotments $ 3,016.75 $ 3,016.75 BOOK 46 PAGE 60 Payments $ 6,034 $ 6,033 The first payment will be made on receipt of the signed contract. The third and fourth quarterly allotments will be processed for payment in April, 1981. COMMISSIONER FLETCHER DISCUSSED "STATE MANDATES" AND REPORTED THAT HE HAD BEEN INFORMED THE ONLY MANDATE THE LIBRARY BOARD WAS AWARE OF WAS THAT THE LIBRARY MUST BE A "FREE" LIBRARY. DISCUSSION CONTINUED REGARDING OBTAINING FULL FUNDING, AND COMMIS- SIONER SCURLOCK NOTED THAT BY ENTERING INTO THE AGREEMENT, IF WE SHOULD WANT TO INITIATE CHANGES AT THE LIBRARY; WE WOULD NOT BE ABLE TO ENTER INTO A FEE STRUCTURE. THE CHAIRMAN STATED THAT HE WAS TOTALLY OPPOSED TO THIS IN ANY EVENT. COMMISSIONER FLETCHER NOTED THAT THE LIBRARY BOARD BROUGHT UP THE POSSIBILITY OF GOING TO A TAXING DISTRICT TO SUPPORT THE LIBRARY. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY DIRECTED THE PREPARATION OF APPRO- PRIATE COMMUNICATIONS WITH OUR DELEGATION IN REGARD TO SUPPORTING SECRETARY FIRESTONE'S BUDGET REQUEST FOR "FULL FUNDING" OF STATE AID TO LIBRARIES LAW. DISCUSSION RE ADDITIONAL ZONING INSPECTOR CHAIRMAN LYONS NOTED THAT THE ADMINISTRATOR HAS DISCUSSED WITH EACH COMMISSIONER HIS REASONS FOR THE FOLLOWING RECOMMENDATION: 61 BOOK 46 PACE 61 MAR 111991 Boor 46 PAGE 62 TO: The Honorable Members of DATE: March 2, 1981 FILE: the Board of County Commissioners SUBJECT: Zoning Inspector Addition FROM: Neil A. Nelson REFERENCES: Planning & Zoning Director County Administrator Memorandum Attached The Planning & Zoning Director addition of a Zoning Inspector to Zoning Department. This request w 81 budget process. DESCRIPTIONS AND CONDITIONS The Zoning Division presently and 2 Zoning Inspectors. Present make it impossible to adequately this limited staff compliment. B Department are funded from the Co ALTERNATIVES AND ANALYSIS has renewed an earlier request for the the Zoning Division of the Planning & as originally made as part of the 1980- authorized three positions, a Zoning Supervisor work load requirements and anticipated increases carry out the responsibilities assigned to oth the Planning & Zoning Divisions of the unty wide municipal service taxing unit. Based upon the work load discussion contained in the attached memorandum from Planning & Zoning Director Rever, the Administration feels that it is appropriate at this time to authorize the addition of one Zoning Inspector position for the Zoning Division. We believe this addition will assist the Planning & Zoning arms of County Government in maintaining and protecting the lifestyle to which we have become accustomed in Indian River County. Failure to create the additional position at this time will result in a continuing backlog of Zoning violation inspections and a possible deterioration in evaluation of Zoning requests. RECOMMENDATION AND FUNDING Estimated cost to create this position for the balance of the current fiscal. year is approximately $10,000.00. Funds are available within the MSTU Contingency Account and can be tra.nsfered to the appropriate salary account for this purpose. It is recommended the Board of County Commissioners approve the creation of one additional Zoning Inspector position for the balance of the current fiscal year at an estimated cost of $10,000.00. It is further recommended the Board authorize transfer from the MSTU Contingency Account to the Zoning Division Salary Account for this purpose. Should there be any questions regarding this matter or should any additional information be desired please advise. NAN:ms Attachment r � � ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD BY A 3 TO 2 VOTE APPROVED THE CREATION OF ONE ADDI- TIONAL ZONING INSPECTOR POSITION AS RECOMMENDED IN THE ADMINISTRATOR'S MEMO OF MARCH 2ND, WITH COMMISSIONERS FLETCHER AND WODTKE VOTING IN OPPOSITION. NORTH COUNTY FIRE DISTRICT CHAIRMAN LYONS ANNOUNCED THAT THE BOARD OF FIRE COMMISSIONERS OF THE NORTH COUNTY FIRE DISTRICT WOULD CONVENE IMMEDIATELY AFTER ADJOURNMENT OF THE COUNTY COMMISSION MEETING. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 69605 - 69816 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE BONDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 6:01 O'CLOCK P.M. ATTEST: CLERK MAR 111981 63 Boa 46 PAGE 63