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HomeMy WebLinkAbout7/15/1981WEDNESDAY, JULY 15, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, JULY 15, 1981, AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL 000RDI- NATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMIS- SIONERS; JEFFREY K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN, BAILIFF; AND JANICE CALDWELL AND VIRGINIA HARGREAVES, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCURLOCK LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND J. C. GLENN, CHAPLAIN, INDIAN -RIVER MEMORIAL HOSPITAL, GAVE THE INVOCATION. ADDITIONS TO THE AGENDA THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE AGENDA. ADMINISTRATOR NELSON REQUESTED ADDING TWO ITEMS: A BIOLOGICAL REPORT RECEIVED ON INDIAN RIVER BOULEVARD NEEDS TO BE READ INTO THE MINUTES OF THE BOARD, AS WELL AS THE CITY COUNCIL. ALSO, HE WANTED TO MAKE A SHORT PRESENTATION TO ONE OF THE COMMISSIONERS. CHAIRMAN LYONS REQUESTED ADDING AN ITEM CONCERNING MANDATORY WATER CONSERVATION, AND THE LOCAL OPTION SALES TAX. COMMISSIONER SCURLOCK�REQUESTED ADDING AN -ITEM REGARDING THE GIFFORD SEWER AND WATER COMMITTEE MEETING, ON MOTION BY COMMISSIONER SCURLOCK,_SECONDED BY COMMISSIONER BIRD., THE BOARD UNANIMOUSLY AGREED TO ADD THE ABOVE EMERGENCY ITEMS TO THE AGENDA. P00 6 PAGE 82 3 ,JUL 15 1981 J U L 151991 141111im . iu a ._- ADMINISTRATOR NELSON PROCEEDED TO PRESENT TWO FLAGS TO COMMISSIONER FLETCHER TO USE TO INDICATE HIS NEGATIVE OR AFFIRMATIVE VOTES. THE RED FLAG WOULD BE USED TO INDICATE A NEGATIVE RESPONSE, AND THE GREEN WOULD BE FOR HIS AFFIRMATIVE VOTE, THE ADMINISTRATOR EXPLAINED. COMMISSIONER FLETCHER GRATEFULLY ACCEPTED THE FLAGS, COMPLIMENTS OF THE PUBLIC WORKS DEPARTMENT. CLERK TO THE BOARD PRISONERS. DISCUSSION FOLLOWED REGARDING THE COSTS OF HOUSING FEDERAL ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT TO COVER THE COSTS OF HOUSING FEDERAL PRISONERS, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE SHERIFF 001-000-341-52.00 $21,959 EXPENSE—BUDGET OFFICE 001-600-521-99.93 $21,959 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED TAX SALE CERTIFICATE N0. 239 IN THE AMOUNT OF $39.55 FOR ,JAMES CASH. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, SPRING TERM, 1981, IN THE AMOUNT OF $134.08; COUNTY COURT, JUNE TERM, 1981, IN THE AMOUNT OF $152.13. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE TO ACCEPT BOND OF NEW DEPUTY SHERIFF, .JERRY R. TILLMAN. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF CONVICTIONS, MONTH OF JUNE, 1981 TRAFFIC VIOLATION BUREAU — SPECIAL TRUST FUND MONTH OF JUNE, 1981 - $27,393.57 TRAFFIC VIOLATION FINES BY NAME — JUNE, 1981 THE BOARD AGREED TO REMOVE ITEMS 5A REGARDING THE AUDIO SOUND SYSTEM BID, AND 5B REGARDING THE VEHICLE INSPECTION PROGRAM FROM THE CONSENT AGENDA. REGIONAL CORRECTIONAL FACILITY TO: The Honorable Members of the DATE: July 8, 1981 FI LE: Board of County Commissioners SUBJECT, Regional Correctional Facility Feasibilit FROM:CA-C,-�­ REFERENCES: St Lucie County Administrator Weil lson letter dated June 24, 1981. County. Administrator The Administration is in receipt of above referenced letter from Weldon B. Lewis, County Administrator of St. Lucie County inquiring as to our possible interest in development of a regional correctional facility to serve the immediate three or four county area. This facility could.be operated through a joint venture involv- ing Martin, St. Lucie, and Indian River Counties, and would be intended to elimin- ate the necessity of the individual counties each providing new or additional correctional facilities. 1. Description & Conditions In light of our present Indian River County jail situation, and the expected growth rate of Indian River County during the next twenty year period, the Administration believes the pursuit of a joint venture with surrounding counties may be a concept worth pursuing. Accordingly, the Admin.istratioh requests Board concurrence, authorization for the Administration to reply to Mr. Lewis's letter, and to participate in discussions regarding development of_a joint venture facility. As the concept of a joint.facility materializes, the Administration will keep the Board advised regarding potential benefit to Indian River County, potential costs to Indian River County, and other pertinent data ancr information. 2. Recommendation The Administration recommends Board approval of the administrations' partici- pation in these initial discussions regarding a multi -county joint venture correctional facility. BOOK PACE825 J U L 15 1981 3 °` t ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE ADMINISTRATORS RECOMMENDA- TION REGARDING A MULTI -COUNTY JOINT VENTURE CORRECTIONAL FACILITY. AUDIO SOUND SYSTEM BID ADMINISTRATOR NELSON REVIEWED THE AUDIO SOUND SYSTEM BID FOR THE COUNTY COMMISSION CHAMBERS AS FOLLOWS: TO: Chairman, Board of County DATE: July 6, 1981 FILE: Commissioners SUBJECT: Bid x`86 - Audio Sound System - County Commissioners Chambers FROM: Chairman, REFERENCES: Bid Committee 1. A public meeting was held at 11:00 A.M., June 23, 1981 in the County Administrator's office, 2345 14th Ave., Vero Beach, F1.. This meeting., was so advertised in the.Vero Beach Press Journal on May 27, 28, and 29, 1981. 2. The purpose of this meeting was to open and record IRC Bid #86, Audio Sound System to be installed in the County Commissioners Chambers located in the New County Administration Building. ,5 Bid Proposals sent out, 1 received, 1 No Bid received. The specifications for this system were very high in order for the County to have a system of quality and durability. The Bid Committee recommends this bid be awarded to the only bidder, WGYL, Vero Beach, Florida in the amount of $11,628.50. -Subsequent to the warranty period, the annual maintenance will be $300.00 annually. A The Committee feels that we could have specified and received bids for lesser quality and cheaper systems, but in the best interest of the County this more costly system should be the best investment. Economy systems - would have cost between $5,500 and -$8,500. Fund Account #301-130-519-66.51 AFTER SOME DISCUSSION, ADMINISTRATOR NELSON EXPLAINED THE REASON FOR LACK OF BID INTEREST IS BECAUSE THE SPECIFICATIONS ARE EXTREMELY HIGH FOR THIS SOPHISTICATED EQUIPMENT. HE ADDED THAT THE DIRECTION HE RECEIVED FROM THE BOARD WAS TO GET A GOOD SOUND SYSTEM, AND ASKED THE TECHNICIAN FOR THE COURTHOUSE TO WRITE THE SPECIFICATIONS. COMMISSIONER SCURLOCK STATED IT BOTHERED HIM TO HAVE A MAN BE THE COURTHOUSE EXPERT, WRITE UP THE BID SPECIFICATION, AND THEN BID ON IT. LENGTHY DISCUSSION ENSUED, AND IT WAS POINTED OUT THAT THE SPECIFICATIONS WERE WRITTEN FOR NO SPECIFIC BRAND NAME - JUST SO THEY REACHED A CERTAIN QUALITY. ADMINISTRATOR NELSON ADVISED THAT THE SPECS WERE SENT OUT TO FIVE BIDDERS, WITH JUST ONE RESPONSE. SOME SAID THEY WOULD LIKE TO COME IN WITH THEIR OWN DESIGN. DISCUSSION FOLLOWED CONCERNING THE ANNUAL MAINTENANCE CONTRACT. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE BID COMMITTEES RECOMMENDATION TO ACCEPT THE BID OF WGYL FOR THE AUDIO SOUND SYSTEM IN THE COUNTY COMMISSION CHAMBERS, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $11,628.50, AS DESCRIBED IN THE JULY 6, 1981 MEMORANDUM FROM THE CHAIRMAN OF THE BID COMMITTEE. NEWSMAN MARK WEINBERG, OF RADIO STATION WTTB, DISCUSSED THE SOUND SYSTEM WITH THE BOARD AND REQUESTED THAT SOMETHING BE BUILT IN TO ENABLE THE NEWS MEDIA TO LISTEN TO THE TAPES WITHOUT INCONVENIENCING THE COURT PERSONNEL. ATTORNEY COLLINS COMMENTED THAT IT ALL DEPENDED ON HOW THE JUDGES WERE WILLING TO WORK WITH THE NEWS MEDIA,AT THE COURTHOUSE. ADMINISTRATOR NELSON SUGGESTED MR. WEINBERG SPEAK TO THE BAR ASSOCIATION ON THIS MATTER. THE BOARD NEXT CONSIDERED THE FOLLOWING MEMO REGARDING THE VEHICLE INSPECTION PROGRAM: BOG 6 PAGE 04-1 JUL 15 1981 TO: The Honorable Members of the DATE: Board of County Commissioners July 7, 1981 book FILE: SUBJECT.- Vehicle Inspection Program FROM: �� EFERENCES: House Bill # 101 Neil Nelson County A ministrator -- Description & Conditions As reported at the June 17, 1981 Board meeting the Legislature has passed House Bill 101 repealing the "Motor Vehicle Safety Inspection" program, effective October], 1981. It has been reported that Governor Graham as expected, has signed the -bill into law. This new law provides a local option for counties desiring to continue with a safety inspection program on their own, as follows: "F.S.S. 325.001 --Periodic Motor Vehicle Inspection. Provisions in. the law to the contrary notwithstanding, any county which chooses to have a periodic motor vehicle in- _ spection program may establish one." As previously reported, Indian River County has four authorized inspection stations: Auto Clinic of Vero Beach Courtesy Auto Service, Vero Beach Keller's Chevron, Vero Beach Phelp's Garage & Inspection_ Station, Sebastian The Florida Department of Motor Vehicles has reported the following in- spection certificates -issued for Indian River County: 1979 - 42,258 1980 45,657. Based upon current inspection fee of $3.00, delinquent charge of $1.00 and sticker cost of $.40, the program has generated the following estimated revenues during the past two years: Inspection Station Net Inspection Fees 1979 $109,871.00 1980 $118,708.00 Alternative and Analysis The County appears to have three basic options: State of Florida Sticker Charges Delinquent Fees 516,903.00 518,263.00 I. Take no action, allowing the inspection program to lapse on October 1, 1981. II. Pass local ordinance establishing inspection program for Indian River County. Provide inspections by contracting with existing private inspection stations. v 6 $]2,677.00 $13,697-00 III.Pass local ordinance establishing inspection program for Indian River County. Provide inspections by establishing County owned and operated inspection stations. I. Should the County allow the program to lapse, the following local impacts can be expected: A. Loss of direct revenue to inspection stations of approximately $120,000.00 annually, with some loss of jobs, and loss of multiplier effect.. B. Savings to Indian River County residents and businesses of approximately $150,000.00 annually in direct costs,.with additional indirect savings by eliminating transportation to-, and waiting time at, inspection stations. Undoubtedly, a major portion of this savings will be used for other purposes, thus creating i.ts own multiplier effect. C. Some; -presently indeterminable, increase in cost of automobile insurance. If. Should tie County exercise the local option, and continue to contract wi_th private inspection stations, the following _impacts can be expected: A. Reduction of revenue to private stations as a result of vehicle owners registering vehicles in surrounding counties which do not.have inspection requirements. The percentage of owners who would register in other counties cannot.be _ accurately determined at this time, .however 30 to 35 percent does not seem unrealistic. B. Increased costs to County government to coordinate, monitor and regulate private inspection stations, print and control inspection stickers, etc. These costs cannot be accurately determined at this time, but it seems unlikely they could be covered by the estimated revenues of $20,000.00 which might be generated under the existing fee system, (sticker charges plus delinquent fees, less 30-35% attrition). C.. Possible avoidance of anticipated increased auto insurance costs, amount indeterminable. III. Exercise of the local option, with the County operating its own stations would have the following impacts: A. Estimated capital costs for a minimum of two inspection stations at $85,000.00 to $100,000.00 each. Annualized cost for a thirty year amortization would be $21,000.00 to $25,000,00. B. Registering of vehicles in neighboring counties (See II -A). C. Insurance (See I I -C) . D. Loss of income to private inspection stations (See I -A). E. Increased costs to County government. County would be challenged to operate system and amortize capital costs within the estimated total revenues of $100,000.00. Additional Comments A. The impact of local vehicles being registered in neighboring counties may be minimized, somewhat, by the State's permanent license plate program. License plates, already issued with the Indian River County name, will not be changed for -several years, regardless of where the annual renewal sticker is purchased. Additionally, it should be possible to include language within a local option ordinance making inspection requirements applicable, based upon where the vehicle is housed/parked, and/or the address of -the owner, not where it is registered. JUL 15 K X46 Pn 8-2 ' 1 981 � .. .I t7��. 46 PAU $.30 JUL 15191 8 d --- B. Sheriff Tim Dobeck, by letter dated June 19, 1981., has indicated his support for a continued inspection program in Indian River County, and his willingness to work with the Board to establish a "program that will be suitable for all parties concerned". C. -Information available indicates neither Brevard, St. -Lucie, Martin, Okeechobee nor Palm Beach Counties intends to continue an inspection program after October 1, 1981. Indications, from the State Assoc iation of County Commissioners, are that most counties.will discon- tinue vehicle inspections.' Recommendations Based upon the foregoing review, the A;:,:­,inistration believes it may be feasible for Indian River County to exercise the local option and continue a vehicle inspection program. utilizing Alternative II, Private Inspection Stations. To further explore the desirability of this approach, and to insure input from all interested segments of the community the Administration proposes the Board of County Commissioners hold a workshop meeting on July 22, 1981 at 7:00 P,M. in the County Court Room, The following, or their representatives, should be invited to participate; in addition to the County staff: 1. Private inspection station operators. 2. Sheriff Dobeck. 3. Florida /Highway Patrol. Mo 4. Gene E. rris, Indian River County Tax Collector. 5. Municipalities, 6. State Insurance Commissioner's Office. 7. Automobile A nsurance Company Representatives. 8. Other interested citizens. Hopefully, input provided at the workshop will make it possible to reach. consensus regarding both f easibliity and desirability of pursuing -establish- ment of a local option vehicle inspection program. COMMISSIONER BIRD APPEALED TO THE NEWS MEDIA TO GIVE AS MUCH PUBLICITY AS POSSIBLE FOR THIS OPEN WORKSHOP TO GET THE NECESSARY PUBLIC INPUT. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM— MISSIONER BIRD, FOR THE BOARD TO APPROVE HOLDING A WORKSHOP ON jU LY 24, 1981 AT 7:00 P.M. IN THE COUNTY COURTROOM. DISCUSSION FOLLOWED. CHAIRMAN LYONS REQUESTED THE ADMINISTRATOR TO PREPARE A LETTER FOR HIS SIGNATURE INVITING OFFICIALS FROM NEIGHBORING COUNTIES. THE CHAIRMAN CALLED FOR THE QUESTION, CARRIED UNANIMOUSLY. IT WAS VOTED ON AND 8 � . TRANSFER OF -MOORINGS -SEWER SYSTEM FRANCHISE DISCUSSION DOROTHY HUDSON, REPRESENTING THE MOORINGS, DISTRIBUTED SOME MATERIAL TO THE BOARD FOR THEIR PERUSAL. SHE INTRODUCED LOUIS AIELLO, PRESIDENT OF HUTCHINSON UTILITIES, INC., WHO WILL DISCUSS HIS PROPOSAL AND SOLICIT COMMENTS FROM THE BOARD. CHAIRMAN LYONS COMMENTED THAT SOONER OR LATER THIS SYSTEM WILL COME TO THE COUNTY AND, BASED ON WHAT HAS HAPPENED WITH OTHER FRANCHISES, HE WAS WORRIED ABOUT THE SYSTEM GETTING AWAY FROM AN ORGANIZATION THAT NOW HAS FINANCIAL BACKGROUND AND RESPONSIBILITY. MS. HUDSON STATED THAT THEY ARE DEVELOPERS AND ARE NOT IN THE SEWER AND TREATMENT BUSINESS - THE MOORINGS WILL NOT BE THERE FOREVER. SHE ADDED THAT THEY HAVE SOME IMMEDIATE IMPROVEMENTS TO THE SYSTEM THAT NEED TO BE DONE, AND MR. AIELLO HAS ALREADY ORDERED A NEW SEWER PLANT. MS. HUDSON FELT THAT AS FAR AS FINANCIAL BACKING WAS CONCERNED, HE WAS FINANCIALLY WILLING AND ABLE TO TAKE CARE OF THE SYSTEM BETTER THAN THE MOORINGS. COMMISSIONER FLETCHER COMMENDED THE FREE MARKET SYSTEM, AND JUST BECAUSE THE COUNTY HAS HAD PROBLEMS WITH OTHER FIRMS IS NO REASON TO STAMP THEM ALL AS INCOMPETENT. COMMISSIONER BIRD FELT THAT IF THE MOORINGS WAS ENTERING INTO AN OPERATING AGREEMENT WITH HUTCHINSON UTILITIES, INC., IT WOULD BE FINE, BUT HE WOULD HAVE PROBLEMS WITH RELEASING THIS FRANCHISE TO A COMPANY THAT THE COUNTY REALLY DID NOT KNOW THAT MUCH ABOUT. COMMISSIONER SCURLOCK NOTED THE PROBLEM WAS THAT THE BOARD HAS NOT HAD THE PROPER CONTROLS, SUCH AS NOT HAVING A GOOD FRANCHISE AGREEMENT. HE WENT ON THAT MANY OF THESE SYSTEMS ARE OPERATED BY PEOPLE WHO ARE DEVELOPERS, AND THEIR SYSTEMS ARE BEING SUBSIDIZED. COMMISSIONER SCURLOCK FELT THAT A PROPER FRANCHISE WHERE A SYSTEM IS ON-GOING IS THE KEY; HE THOUGHT AN IN-DEPTH ANALYSIS WAS NEEDED. COMMISSIONER WODTKE STATED THAT HE WANTED TO HEAR THE FULL PRESENTATION. HE WOULD LIKE TO TAKE A LOOK AT THE WASTE WATER PLANS OF THE MOORINGS SO THAT WHEN THEIR DEVELOPMENT IS THROUGH, IT WILL HAVE A GOOD RATE STRUCTURE. BOOK _ 6 PAGE 831 JUL 15 1981 9 . P�1^E 83 JUL 151991 DISCUSSION TOOK PLACE, AND IT WAS DETERMINED THAT COMMIS- SIONER SCURLOCK WOULD CONTINUE TO WORK WITH THE MOORINGS CONCERNING THIS MATTER. ROBERT RYDER, REPRESENTING THE MOORINGS PROPERTY OWNERS, APPROACHED THE BOARD AND EXPRESSED CONCERN AT THE NET WORTH FIGURE OF $24,206 FOR HUTCHINSON UTILITIES. HE THOUGHT THE BOARD,.,HAD A RESPONSIBILITY TO BUILD ADEQUATE SAFEGUARDS IN THE WAY OF ESCROW MONEY, OTHERWISE IT COULD ULTIMATELY CAUSE HIGHER TAXES FOR THE TAXPAYERS, MS. HUDSON EXPLAINED THAT THE FIGURE HE REFERRED TO WAS FROM LAST DECEMBER, 1980. MR. AIELLO CAME BEFORE THE BOARD AND REPORTED THAT HUTCHINSON UTILITIES, INC. HAD BEEN FORMED LAST YEAR; BUT HE HAD BEEN IN THE UTILITY BUSINESS FOR THE PAST 24 YEARS, SOME OF THE PROJECTS HE HAD WORKED ON WERE JOHNS ISLAND, CASTAWAY COVE, AND VILLAGE GREEN. MR. AIELLO STATED THAT HE HAD BEEN IN THE COUNTY SINCE 1977, AND MENTIONED HTS VARIOUS STAFF MEMBERS. HE NOTED THAT IT TOOK HIM QUITE A BIT OF TO ORGANIZE HIS STAFF; THEY WANT TO TAKE THE SEWER PLANT FROM '7 -SIGN, ALL THE WAY TO INSTALLATION, MAINTENANCE AND REPAIRS, MR. RYDER EXPRESSED CONCERN ABOUT MR. AIELLO's NET WORTH AND ASKED IF HE WAS USING HIS PERSONAL ASSETS AS BACKING FOR HUTCHINSON UTILITIES. MR. AIELLO RESPONDED AFFIRMATIVELY. HE ADVISED THAT SINCE DECEMBER, 1980, THEY HAVE BEEN OPERATING THE MOORINGS' SYSTEM. .JOHN MORRISON, TAXPAYER, CAME BEFORE THE BOARD AND RELATED THE HISTORY OF MANY PACKAGE PLANTS IN THE COUNTY, SOME OF WHICH ARE NOW DEFUNCT. WITHOUT REFERRING IN ANY FASHION TO THE COMPETENCE AND INTEGRITY OF HUTCHINSON UTILITIES, HE ALSO FELT THEY COULD_GO__DEFUNCT. MR. MORRISON COULD SEE NO REASON FOR THIS TRANSFERo AND HE FELT THE INFORMATION WAS VAGUE AS TO THE LIABILITY OF THE PARTNERS IN THE CORPORATION. HE BRIEFLY MENTIOMM, WATER "AILABILITY IN THE AREA, MR. AIELLO RESPBED THAT THEY WERE NOT DEVELOPERS, BUT THEY HAVE A DEVELOPER WHO IS RESPONSIBLE AND THE MOORINGS IS NOW SAYING THAT THEY CANNOT TAKE CARE OF THE SYSTEM AND WOULD LIKE TO TURN IT OVER TO HUTCHINSON UTILITIES. MR. MORRISON REITERATED HE WAS CONCERNED THAT HUTCHINSON UTILITIES WOULD BECOME INCUMBENT ON THE COUNTY` AS HE DID NOT THINK THEY HAVE THE FINANCIAL CAPABILITIES TO DO THE JOB. MR. AIELLO STRESSED THAT THEY DO HAVE THE ABILITY TO DO THE JOB - THEY HAVE PURCHASED A PLANT AND THEY HAVE PLANS TO SHOW EXPANSION. HE NOTED THIS SYSTEM WOULD BE A TOTAL BUILD -OUT AND IT IS BEING DONE TWO OR THREE YEARS IN ADVANCE, AND THAT SHOULD TAKE SOME OF THE WORRY OFF THE MINDS OF THE COMMISSIONERS. COMMISSIONER BIRD REFLECTED ON AN OLD SAYING THAT YOU MAKE MONEY IN THE WATER BUSINESS BUT NOT IN THE SEWER BUSINESS. WITH THA, THOUGHT IN MIND, HE ASKED WHY MR. AIELLO WANTED THIS FRANCHISE, WHY HE WANTED TO UPGRADE THIS SYSTEM, AND DID HE HAVE ANY INTENTIONS OF PROVIDING SERVICE ONLY IN THE MOORINGS. MR. AIELLO STATED THAT IF THEY COULD PROVIDE OTHER SERVICE, THEY WOULD BE GLAD TO DO S0, AS THEIR FACILITY WOULD HAVE RESERVE STORAGE - BUT IT IS BEING DESIGNED FOR THE MOORINGS. COMMISSIONER BIRD NOTED THAT THEY WERE WILLING TO SPEND $100,000 TO MAKE THE IMPROVEMENTS, AND INQUIRED IF THEY COULD OPERATE IN THE. MOORINGS AND MAKE MONEY AT THE PRESENT RATES. MR. AIELLO RESPONDED NEGATIVELY. DISCUSSION FOLLOWED AND IT WAS POINTED OUT THAT THE MOORINGS WAS LOSING $30,000 A YEAR. THE MONEY THAT HAS BEEN SPENT SINCE DECEMBER ON THE SYSTEM HAS BEEN THAT OF HUTCHINSON UTILITIES. CHAIRMAN LYONS -ASKED THE ATTORNEY ABOUT THIS SITUATION WHERE HUTCHINSON UTILITIES WAS SPENDING MONEY IN ANTICIPATION OF TAKING OVER THE FRANCHISE. HE EXPRESSED CONCERN BECAUSE MR. AIELLO HAS MADE SOME COMMITMENTS AND ALL OF A SUDDEN THE COUNTY HAS BECOME A PART OF IT. ATTORNEY COLLINS DID NOT THINK THAT THE COUNTY WAS AT THAT POINT NOW, AND FELT THAT MR. AIELLO IS AT RISK IN SPENDING THIS MONEY. JUL 15 'dqa� 11 Boos 6 FAI)t833 z ELLS �� C nr �tl JUL 15 1981 COMMISSIONER FLETCHER STATED THAT WE CANNOT SOLVE EVERYBODY IS PROBLEMS AND FELT THE DIRECT RESPONSIBILITY SHOULD BE ON THE USERS. HE BELIEVED THAT NEGOTIATIONS SHOULD BE GOING ON BETWEEN THE USERS AND THE POTENTIAL OPERATOR OF THIS PLANT - THERE OUGHT TO BE AN OPPORTUNITY FOR THE PROPERTY OWNERS TO TAKE OVER THIS OPERATION. COMMISSIONER SCURLOCK COMMENTED THAT THE BOARD IS OVERLOOKING THE FACT THAT THE MOORINGS IS HERE TODAY ABOUT 332, YEARS BEFORE THEY HAVE TO BE; THEY ARE LOOKING FGR AN'.ORDERLY, ON—GOING CORPORATION TO TAKE OVER FOR THEM. HE ADDED THAT THEY HAVE HUTCHINSON UTILITIES WHO CAN TAKE THIS OVER, AND HE FELT THE MOORINGS SHOULD BE COMMENDED Lmd:l" MR. AIELLO COMMENTED THAT THEIR PURPOSE WAS SIMPLY TO SEE IF THEY COULD BE PUT ON THE AGENDA ON AUGUST 19TH. HE CONTINUED THAT THEY HAVE EXTENDED A PERSONAL INVITATION TO VISIT THE SITE, AND HE WAS WELL AWARE OF THE PROBLEMS THE BOARD HAS HAD IN THE PAST — THE INTENT WAS DIFFERENT FROM THE BEGINNING WITH TREASURE COAST UTILITIES. WILLIAM KOOLAGE, INTERESTED CITIZEN, ASKED IF THE BOARD WAS INTENDING TO HAVE FURTHER INPUT ON THIS MATTER. CHAIRMAN LYONS RESPONDED AFFIRMATIVELY. MR.-KOOLAGE STATED THAT, NO DOUBT, THE COUNTY WAS GOING TO BE IN THE BUSINESS OF WATER AND SEWER, AND SUGGESTED A LEASE AGREEMENT TO HOLD OVER UNTIL THE TIME THE SYSTEM COULD BE A COUNTYWIDE SYSTEM. HE FELT THE BOARD MUST LOOK, NOT TO PUT THIS SYSTEM IN OTHER HANDS, BUT AT A LEASE AGREEMENT AS AN ALTERNATIVE. MR. AIELLO INTERJECTED THAT DEVELOPERS HAVE A RIGHT TO TRANSFER THEIR FRANCHISE. HE ADVISED THAT HE WOULD, AT A PUBLIC HEARING, PRESENT WHATEVER FINANCIAL INFORMATION WAS NEEDED.. .JORGE GONZALEZ, REPRESENTING THE MOORINGS, CAME BEFORE THE BOARD AND STATED THAT THE MOORINGS HAS EXISTED FOR OVER 25 YEARS IN THE COUNTY AS A PROPERTY OWNER, AS A DEVELOPER FOR ABOUT 13 YEARS, AND THEIR FRANCHISE WAS OBTAINED IN 1973, HE STATED THAT THE MOORINGS HAS KNOWN MR, AIELLO FOR A NUMBER OF YEARS AND HAD WORKED WITH HIM FOR OVER FOUR YEARS. HE CONTINUED THAT THEIR WORKING RELATIONSHIP HAD BEEN SATISFACTORY, THEY HAD PROVED TO BE EXTREMELY KNOWLEDGEABLE, HAD GREAT INTEGRITY, AND THE MOORINGS THOUGHT IT WOULD BE GOOD TO GRADUALLY DEVELOP THE TRANSFER OF THE SYSTEM WITH THEM. MR. GONZALEZ NOTED THAT THE POSITION OF THE MOORINGS WAS TO RECOMMEND THEM. HE WANTED THE BOARD TO BEAR IN MIND THAT IF THE BOARD, AS WELL AS THE TAXPAYERS WERE CONCERNED ABOUT THIS TRANSFER, THE MOORINGS WERE MORE CONCERNED THAN ANYBODY. COMMISSIONER FLETCHER AGAIN WONDERED WHY A CONTRACT COULD NOT BE DRAWN UP BETWEEN HUTCHINSON UTILITIES AND THE PROPERTY OWNERS. A BIT OF DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT THE PROPERTY OWNERS DID NOT ISSUE THE FRANCHISE, AND THEY DO NOT HAVE THAT RIGHT. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED ADVERTISING FOR A PUBLIC HEARING FOR AUGUST 19, 1981 ON THE TRANSFER PROPOSAL OF THE MOORINGS SEWER SYSTEM FRANCHISE. COMMISSIONER SCURLOCK ADVISED THAT HE WOULD DEVELOP THE TWO ALTERNATIVES: IF THE COUNTY WOULD GET INVOLVED, OR IF HUTCHINSON UTILITIES WOULD TAKE OVER THE SYSTEM. ADDITIONAL AGENDA ITEM CHAIRMAN LYONS REQUESTED ADDING AN ITEM REGARDING WATER AND SEWER ON THE NORTH BEACH. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED ADDING THIS EMERGENCY ITEM TO THE AGENDA. CHAIRMAN LYONS ANNOUNCED THAT THE PUBLIC HEARING FOR .JONES INTERCABLE WILL BE CONTINUED TO OCTOBER 15, 1981 AT 7:30 O'CLOCK P.M. AT THE SEBASTIAN COMMUNITY CENTER. k BOOK JUL 151991 13 L- 6 PAGE 835 J U L 151981 970 M -MIN -MR -1001606 3V $136 COMMISSIONER SCURLOCK STATED THAT THE PLANNING DEPARTMENT HAD DECIDED NOT TO PURSUE AN INTERIM REZONING OF THE NORTH BEACH, AND ASKED WHAT THE BOARD WANTED TO DO ON THE MATTER. SOME DISCUSSION FOLLOWED, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY AGREED:TO CANCEL ACTION TO REZONE THE NORTH BEACH AREA AND WITHDREW ACTION TO ADVERTISE FOR A PUBLIC HEARING. WATER SHORTAGE CHAIRMAN LYONS REVIEWED THE FOLLOWING LETTER FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DATED JULY 101 1981: .... 9tJO04NS_RIVER '+ July 10, 1981 POST OFFICE BOX 1429 • PALATKA, FLORIDA 32077 9041328-8321 a Re: Declaration of Water Shortage within the St. Johns River Water Management District with Mandatary Water Conservation Measures Gentlemen: As you may be aware, on May 13, 1981, the Governing Board of the St. Johns River Water Management District declared a water shortage throughout its nineteen -county area. Since that time, rainfall has been very low compared to normal years, surface water conditions have been stressed, and ground water levels throughout much of the District have been falling. Also chloride levels have been increasing throughout parts of the District, particularly east of the St. Johns River. Because the voluntary measures have been ineffective in protecting the water resources of the District from further harm, the Governing Board of the St. Johns River Water Management District has enacted mandatory measures in the following areas throughout the District: Putnam County east of the St. Johns River; Duval County southeast of the St. Johns River; Osceola and Okeechobee Counties within the boundaries of the St. Johns River Water Management District; St. Johns; and the entire counties of Flagler; Volusia; Seminole; Brevard; and Indian River. A copy of the Governing Board's Order dated July 8, 1981 is enclosed for your reference. Basically, the Order mandates a 151 reduction in water use within the above-described area of the District. This is ac- complished by a 150 reduction on the -part of public water suppliers utilizing whatever measures they deem appropriate or measures specified in the Order if the earlier measures fail. In addition, .irrigators are to reduce their water use by a like amount as compared to the water use during the two-week period prior to April 30, 1981. Measures for achieving this 15% reduction are further specified in the Order. Lawn irrigation -is -not allowed between the hours of 9:0.0 a.m. and 6:00 p.m. Industrial, processing, commercial, and mining users as well as self -supplied water users within the mandatory area are also ordered to reduce water use by 15% based upon the same period.- Since eriod.- Since compliance with this Order may effectively modify the provisions of your permit until the declaration is rescinded, we are sending you a copy of this letter along with the Order for your information. Please let us know if you have any questions or whether we can provide further information to assist you. Sincerely yours, Robert J. Moresi, Director Department of Resource Management CHAIRMAN LYONS REQUESTED THAT THE PRESS HELP ALL THEY CAN TO GET THE MESSAGE ACROSS TO THE PUBLIC TO CONSERVE WATER. COMMISSIONER FLETCHER THOUGHT IT IRONIC THAT THE BOARD IS IN THE MIDST OF GOING INTO THE WATER BUSINESS IN THE MIDDLE OF A DECLARATION OF WATER SHORTAGE. HE FELT WE MUST ALL PLAN FOR THE WORST POSSIBLE WATER CONDITION. COMMISSIONER WODTKE AGREED THAT THE BOARD NEEDS TO URGE CITIZENS OF THE COUNTY TO ADHERE TO THE ORDER OF THE WATER MANAGEMENT DISTRICT BY CUTTING THE USE OF WATER BY 15%. LENGTHY DISCUSSION FOLLOWED. CHAIRMAN LYONS SUGGESTED THAT THE BOARD AUTHORIZE AN AD OF APPROPRIATE SIZE INDICATING TO THE PUBLIC THAT THERE IS A WATER SHORTAGE. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM- MISSIONER FLETCHER, THAT THE BOARD AUTHORIZE THE COUNTY ADMINISTRATOR TO DRAFT AN OPEN LETTER TO THE PUBLIC FOR PUBLICATION. NEWSMAN MARK WEINBERG, OF WTTB, COMMENTED THAT THE NEWS MEDIA WAS HAPPY TO DO THEIR PART IN RUNNING ANNOUNCEMENTS AND DOING NEWS STORIES ABOUT THE SITUATION. BOOK ;A 46 - fi� '37 ^' . � JUL 151991 ., 15 II� JUL 151981 - - i ,JOHN MORRISON, INTERESTED CITIZEN, SPOKE TO THE BOARD ABOUT HOW THE CITRUS GROWERS WERE GRAVELY CONCERNED ABOUT THE ADEQUACY OF WATER OVER THE YEARS, AND THAT THE UNUSUAL WEATHER WE WERE NOW EXPERIENCING WAS NOT JUST A PASSING PHENOMENON. THE CHAIRMAN CALLED FOR THE QUESTION. CARRIED UNANIMOUSLY. LOCAL OPTION SALES TAX IT WAS VOTED ON AND CHAIRMAN LYONS BRIEFLY REVIEWED WITH THE BOARD THE FACTS BROUGHT OUT AT THE JULY STH WORKSHOP MEETING BY .JOHN THOMAS, OF THE STATE ASSOCIATION OF COUNTY COMMISSIONERS. HE POINTED OUT THAT A SPECIAL SESSION MIGHT BE HELD IN ORDER TO CONSIDER A LOCAL OPTION SALES TAX, THE CHAIRMAN COMMENTED THAT THE STATE ASSOCIATION OF COUNTY COMMISSIONERS FAVOR THE I/24 LOCAL OPTION SALES TAX GOING TO THE COUNTY AND THAT THERE BE NO TAKE -BACKS OF THE GASOLINE TAX. CHAIRMAN LYONS NOTED HE WOULD LIKE TO SEE THIS OPTION MADE AVAILABLE SO THAT TAX CAN BE COLLECTED FROM THE WHOLE COUNTY, INCLUDING THE TOURISTS. HE SUGGESTED THE BOARD WRITING TO STATE SENATOR TOM;LEWIS WITH THEIR THOUGHTS ON THE MATTER. COMMISSIONER WODTKE COMMENTED THAT HE COULD ADD TO THE OPTIONS ALREADY SUGGESTED AND WAS DISTURBED THAT THE STATE WAS PUTTING RESTRICTIONS ON IT AND TELLING THE COUNTY HOW THEY SHOULD USE THE TAX. HE ALSO FELT THE STATE SHOULD PAY FOR THE STATE MANDATED PROGRAMS. AFTER MUCH DISCUSSION, IT WAS AGREED(THAT EACH COMMISSIONER WOULD RESPOND TO SENATOR LEWIS AS TO THE DIFFERENT AVENUES AVAILABLE FOR THE LOCAL OPTION SALES TAX. CHAIRMAN LYONS DISCUSSED THE MATTER BRIEFLY WITH THE BOARD AND SUGGESTED THAT THE THREE DEVELOPERS IN THE NORTH BEACH, WHO ARE PLANNING TO INSTALL PACKAGE PLANTS IN THEIR DEVELOPMENT, GET TOGETHER AND CONSOLIDATE THEIR EFFORTS. DISCUSSION ENSUED. IT WAS DETERMINED THAT COMMISSIONER SCURLOCK, THE ATTORNEY AND THE ADMINISTRATOR WORK IN CONJUNCTION WITH THE DEVELOPERS TO CONSOLIDATE THE SEWER AND WATER SYSTEMS AND TO UTILIZE THE 6iABASSO BRIDGE WATER LINE. INDUSTRIAL DEVELOPMENT AUTHORITY — RESOLUTION 81-44 COMMISSIONER SCURLOCK REVIEWED THE MATTER OF CONSIDERING AN INDUSTRIAL`DEVELOPMENT AUTHORITY AND SAW NO PROBLEM WITH THE ESTABLISHMENT OF AN AUTHORITY — HE BELIEVED THE BOARD NEEDED TO MOVE FORWARD IN THIS FASHION. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM— MISSIONER BIRD, TO ADOPT RESOLUTION 81-44 APPROVING AN INDUSTRIAL DEVELOPMENT AUTHORITY TO BE FORMED BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS. ATTORNEY COLLINS STATED THAT THE BOARD MUST FIND THAT A NEED EXISTS FOR SUCH AN AUTHORITY TO PROMOTE THE DEVELOPMENT AND FINANCING OF INDUSTRY. COMMISSIONER FLETCHER THOUGHT THE BOARD HAD PLENTY TO DO WITHOUT TAKING ON THIS EXTRA JOB AND PLANNED TO VOTE AGAINST THE AUTHORITY, WITH NO REFERENCE TO RAMPMASTER. HE STATED THAT THIS WAS ANOTHER EXAMPLE OF GOVERNMENT GETTING INVOLVED. CHRIS WHEELER, ATTORNEY FOR RAMPMASTER, INC., CAME BEFORE THE BOARD AND STATED THAT THE NEXT STEP WOULD BE AN INDUCEMENT RESOLUTION THAT HAS BEEN PROVIDED TO ATTORNEY COLLINS, AND WOULD LIKE THE BOARD TO CONSIDER THAT AS SOON AS POSSIBLE. LENGTHY DISCUSSION FOLLOWED ABOUT THE PROPOSED RESOLUTION AND THE MEMORANDUM OF AGREEMENT GIVEN TO THE BOARD FOR CONSIDERATION. SINCE THE ATTORNEY FELT SEVERAL ITEMS SHOULD BE MORE SPECIFIC, IT WAS DETERMINED MORE INFORMATION WAS NEEDED BEFORE SIGNING THE PROPOSED RESOLUTION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. boo46 PAGE 839 JUL 151981 17 r JUL 15191 RESOLUTION No. 81-44 enc ;x.15 pnp 840 A RESOLUTION ESTABLISHING THE INDIAN RIVER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; DECLARING A NEED FOR THE AUTHORITY TO FUNCTION WITHIN INDIAN RIVER COUNTY ON MOTION BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY; DESIGNATING MEMBERS OF THE AUTHORITY, APPOINTING MEMBERS BY DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Chapter 159, Parts 2 and 3, Florida Statutes, as amended, and other applicable laws. SECTION 2,. It is hereby found, ascertained, determined and declared that on the Commission's own motion a need exists within Indian River County for an Industrial Development Authority to promote the development and financing of industry in the County. SECTION 3. The Board of County Commissioners designates the Board as the Indian River County Industrial Development Authority with the Commissioner from District 1 initially serving a term of one (1) year, the Commissioner from District 2 serving a term of two (2) years, the Commissioner from District 3 serving a term of three (3) years and the Commissioners from Districts 4 and 5, serving terms of four (4) years. Thereafter terms will be for four (4) years each. The Authority shall follow procedural requirements of Chapter 159 Florida Statutes (1979). SECTION 4. This Resolution shall take effect as provided by law. PASSED AND ADOPTED this 15th day of July , 1981. BOARD OF COUNTY COMMISSIONERS Freda WrightU Clerk of Circuit Court M« m m J. B. NORTON, CHAMBER OF COMMERCE, APPROACHED THE BOARD AND DISCUSSED THE SITE FOR RAMPMASTER, INC. IN THE COUNTY, AND STATED THAT THERE WAS NO WATER AVAILABLE OUT IN THAT PARTICULAR AREA. CHAIRMAN LYONS STRESSED THAT THE WORDS IN THE PROPOSED RESOLUTION HAVE TO BE WORDS THE BOARD CAN LIVE WITH - THAT IS ALL THEY WERE TRYING TO ACCOMPLISH. SINCE THE ATTORNEY HAS RAISED SEVERAL QUESTIONS ON COMMITMENTS THAT ARE IN THE RESOLUTION AND AGREEMENT, HE FELT IT SHOULD BE REWORDED SO THAT THE COMMISSIONERS WOULD FEEL COMFORTABLE SIGNING THE DOCUMENTS, DISCUSSION FOLLOWED AND IT WAS SUGGESTED THAT SEVERAL BOARD MEMBERS TRAVEL TO RAMPMASTERS, INC. IN FORT LAUDERDALE TO SEE EXACTLY WHAT TYPE OF INDUSTRY THEY HAVE. COMMISSIONER BIRD STATED THAT HE AND ASSISTANT COUNTY ATTORNEY HOULIHAN WOULD MEET WITH THE PEOPLE FROM RAMPMASTERS, INC. IN ORDER TO POLISH UP THE RESOLUTION AND AGREEMENT, AND BRING IT BACK TO THE BOARD FOR REVIEW. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD, TO APPROVE OUT -OF -COUNTY TRAVEL FOR COMMISSIONERS WHO WISH TO VISIT RAMPMASTERS, INC. IN FORT LAUDERDALE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH'A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. GIFFORD WATER COMMISSIONER SCURLOCK BRIEFLY REPORT ON THE RECENT MEETING OF THE ADVISORY BOARD FOR GIFFORD WATER & SEWER. HE POINTED OUT THAT THEY ARE TRYING TO GET AS MANY PEOPLE ON THE SYSTEM AS POSSIBLE, AND SPOKE OF THE PROBLEM OF COLLECTING THE ACCOUNTS THAT ARE IN ARREARS. HE COMMENTED THAT PROCEDURES WILL BE TAKEN BY THE ATTORNEY AND UTILITIES DIRECTOR LINER TO DEVELOP A METHOD TO COLLECT THE DELINQUENT ACCOUNTS. BOON 46 .PAGE 841 JUL 15 1991 19 c JUL 15 BOQK �-��. ��. ` 19 1 P,,,, 842 PARKS AND RECREATION COMMITTEE REPORT COMMISSIONER BIRD SPOKE TO THE BOARD ABOUT VISITING 36 PARKS AND RECREATION SITES LAST THURSDAY. HE COMPLIMENTED PARK SUPERINTENDENT BILL COOK ON THE FINE JOB HE DID IN HANDLING THE ENTIRE ITINERARY. COMMISSIONER BIRD COMMENTED THAT ROUND ISLAND PARK AND THE TRACKING STATION WERE NOT VISITED, AS MANY IN THE PARTY HAD BEEN THERE RECENTLY.- HE SPOKE OF HOW IMPRESSED HE WAS BY THE COUNTY - MAINTAINED PARKS - THEY WERE FRESHLY MOWED AND HE SAW NO EVIDENCE OF ANY TRASH PROBLEM. ON THE OTHER SIDE OF THE COIN, HE NOTED IT WAS OBVIOUS THAT THE COUNTY IS LACKING IN FACILITIES SUCH AS RESTROOMS AND PLAYGROUND EQUIPMENT. ALL OF THIS INFORMATION WILL BE HELPFUL IN DEVELOPING A MASTER PLAN, WHICH WILL BE DISCUSSED AT THE NEXT MEETING. COMMISSIONER BIRD ADVISED THAT ENGINEER JIM DAVIS WILL BEGIN WORKING ON A GRANT APPLICATION BECAUSE OF ITS TECHNICAL NATURE. CHAIRMAN LYONS REPORTED THAT HE ,MET..WITH MAYOR NdLIAN ALONG WITH THE ADMINISTRATOR AND BILL COOK AT THE TRACKING STATION PARK AND COULD NOT FIND THE TRASH THAT WAS REPORTED ON THE BEACH. HE DID SUGGEST THAT SINCE THERE IS NO LIFEGUARD ON DUTY IN THIS AREA, -THE COUNTY SHOULD -PUT UP A SIGN FOR PEOPLE TO SWIM AT THEIR OWN RISK. HE THEN ASKED COMMISSIONER BIRD TO LOOK INTO THE MATTER OF ADEQUATE PARKING AT WABASSO BEACH. COMMISSIONER BIRD ALSO REPORTED THAT ALL THE IMPROVEMENTS THAT THE BOARD RECENTLY AUTHORIZED FOR THE GIFFORD PARK HAVE ALL BEEN COMPLETED. THE BOARD EXPRESSED APPRECIATION FOR ALL THAT HAS BEEN DONE. 27DINATION OF TRANSPORTATION OF DISADVANTAGED THE BOARD NEXT REVIEWED THE FOLLOWING MEMORANDUM FROM ADMINISTRATOR NELSON: TO: The Honorable Members of the DATE: July 8, 1981 FILE: Board of County Commissioners SUBJECT.- Coordination of Transportation Disadvantaged Services FROM:REFERENCES: Board meeting of May 20, 1981 Pde i 1 PJeI son County Administrator At the above referenced meeting of the Board of County Commissioners, the Commission directed the Administration to contact the Treasure Coast Regional Planning Council to determine if that body would be interested in development of a Transportation Disadvantaged Plan for Indian River County. The Adminis- tration was also requested to contact the Department of Transportation to deter- mineif a waiver of the Competitive Negotiation Act procedures would be applicable for preparation of a Transportation Disadvantaged plan. 1. Description and Conditions The Administration has received responses -from both DOT acid the Treasure Coast Regional Planning Council to our inquiries made as a result of the May 20th Board action. Unfortunately, both responses a -re in the negative. The DOT believes the Competitive Consultant Act procedures must be followed and the Treasure Coast Regional Planning Council declines to undertake pre- paration of the plan. Background At its' meeting of October 22, 1980, the Board of.County Commissioners of Indian River County agreed to accept the planning responsibility for pre- .paration of a "Transportation for the Disadvantaged" plan on the basis that it be activated at such time as the County receives funds for the planning process through DOT. DOT has since made -available a planning grant in the amount of $8,000. for the County to undertake this project.. -However, at its' meeting of May 6, and May 20, 1981, the Board deferred action relative to initiation of plan. preparation. 2.' Alternatives S Analysis Basi-cally, the Board of County Commissioners has two alternatives presently available. First, the Board may proceed with -the selection of a consultant to prepare the transportation plan -as originally recommended by -the Administration in May. This alternative would require that an RFP seeking qualifications of interested and available planning consultants be prepared and distributed, and that the Competitive negotiation process be followed. This action would further require that the Board accept the grant offer in the amount of $8,000. from.DOT, and authorize the Chairman's signature. The second alternative available would be for the Board of County - Commissioners to withdraw its' acceptance of the planning responsib- ility which the previous Board accepted in Ocotber of 1930. Should this action be pursued, a motion to that effect by the Board would be appropriate with subsequent notification to DOT advising of the Board's action. Should this occur, it would t.�en become the repsonsibility of the Department of Transportation to develop a Transportation Disadvantaged Pian for Indian River County. Boat 6 .PAGE 843 JUL 151981 21 f W Boo 84 4 The intent of the Transportation Disadvantaged planning process is to provide a coordinated approach to the provision of transportation services for var- ious disadvantaged eiements of the community. At present, there are several agencies in Indian River County receiving Federal and/or State funds to provide some form of transportation disadvantaged services. The intent of the plan- ning -process is to provide a coordinated approach to service delivery of -this type, to eliminate duplication of services between.the several agencies, and possibly the ultimate designation of a uniformed service provider for trans- portation services. 3. Recommendation & Funding The Administration again recommends that the Board of County Commissioners continue with the planning responsibility originally accepted in October of 1980. At that time, the Board indic2ted-its willingness to proceed if DOT made funds available. DOT has now made those funds available, alternatives have been explored and found unworkable, and the moment of decision appears to be at hand. Accordingly, the Administration recommends the Board of County Commissioners authorize and direct the following actions by the Administration: 1. Prepare and distribute RFP for a consultant to prepare Transportation Disadvantaged plan for Indian River County. The Administration to review proposals, prepare a short list, conduct necessary interviews and submit recommended ranking of top three firms to the Board of County Commissioners. Z. Authorize execution of" the grant agreement in the amount of $8,000.00 as offered by the Florida Department of Transportation. Should there be any further questions regarding this matter, or should any additional information be desired, please advise. MOTION WAS MADE BY COMMISSIONER WODTKE,, SECONDED BY COM— MISSIONER BIRD, TO AUTHORIZE THE HIRING OF A CONSULTANT, FOR AN AMOUNT NOT TO EXCEED $8,000, TO PREPARE A TRANSPORTATION DISADVANTAGED PLAN FOR THE COUNTY. COMMISSIONER FLETCHER FELT THE BOARD WAS BEING FORCED TO 6PEND $8,000 AND FELT THERE WAS NO NEED FOR THIS. THE CHAIRMAN 'CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS - SIGNER BIRD TO AUTHORIZE THE CHAIRMAN TO SIGN THE GRANT AGREEMENT IN THE AMOUNT OF $8,000 OFFERED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. CHANGE ORDER #3,- GIFFORD AREA IMPROVEMENTS - PHASE II ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER #3 FOR PHASE II GIFFORD AREA IMPROVEMENTS, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. JUL 15 1991 23 eooK46 Pnre 84.5 .. 2 UNITED STATES DEPARTMENT OF AGRICULTURE ORM APPROVED OM9 No.40-tta007 '"- Form FmHA 424-7 FARMERS HOME ADMINISTRATION ORDER NO. (Rev. 6-11-80) 3 - CONTRACT CHARGE ORDER DATE - July 8 1981 Phase II - Gifford Area Improvements tiT RT EFlorida CONTRACT FOR COUNTY _Indian River County Indian River OWNER Drivewa s Inc fConuecro,) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price Provide a flow regulator box capable of S handling surge flows to the sewage treatment planet, as described in the construction plans and drawings. 1,700.00 Bond Expense @ 3% 51.00 + TOTALS S ------- NET .__„ _.. __..__„ -- _____ NET CHANGE 1N CONTRACT PRICE $ .__ _.......... _.._....___„ __.._.._.�sJ.� e.QQ„.._„_.. JUSTIFICATION:. In an effort to provide a constant flow into the sewage treatment plant, thus providing a more efficient treatment process, a flow regulator box should be installed. In conjunction with the surge tanks and pumps, the regulator box will �ulate"`the fluctuating incoming flow to the design flow of the treatment plant. The amount of the Contract will be OWYM (Increased) By The Sum Of: One thousand seven hundred fifty-one and 00/100------------------------------------- Dollars (S 1,751.00 ). The Contract Total Including this and previous Change Orders Will Be: Three hundred seventy—three thousand nine hundred and 50/100 --------------------------- Dollars($ 373,900.5t'i ). The Contract Period Provided for Completion Will Be MMX&U9WUXa (Unchanged): —O® Days This docu r ill become a su plement to the contract and all provisions will epply hereto. / J Requested --- j' (Owner) f JD to) Recommended 1/ ,r (Owner's Archite�t/Engineer) (Da ) Accepted (contractor) (Dura) Approved By FmHA (Name and Title) (Dare) Tnls information will be user as record of any rkunrber Cop4as Yaquir�E: 4 No further nNomlei or other tau.a my be paid Cat andW this ensu" to the original construction contract. program+ unwrt s this mpois completod and filed as NQUI ed by Tiffm to coemptata: 20 rnln. anlsting taw and regulatt®ns (7 C.F.R. Part 1924). eu.a.(aao:> t401rtaf• Position 6 FmHA 424-7(Rev.6-11.80) ”. THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 12:00 O'CLOCK NOON FOR LUNCH. THE BOARD OF COUNT'S COMMISSIONERS THEREUPON RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEtIBERS PRESENT, AND DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FROM DEPUTY CLERK .JANICE CALDWELL FOR THE REMAINDER OF THE MEETING, LIC HEARING_. REZONING DORAN PROPERTY NEAR FLORAVON SHORES — THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS- ®URNAL Published Weekly Vero Reach, Indian River County, Florida COUNTY OF INDIAN RIVER: STA -FE 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 17) in the matter of in the I Court, was pub- lished in said newspaper in the issues of T T-� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this "'y of A.D.. 1 n 11 % l � (SEAL) Manager) (Clerk of the Circuit Court, Indian f(i er County, Florida) NOTICE NOTICE is HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing the feasibility of making the following changes and additions to the Zoning Ordinance of Indian River County, Florida. These changes are: 1 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit 18 ACRES MORE OR LESS OF LAND ON THE East SIDE OF U.S. NO. 1 ABUTTING THE SOUTHERN PROPERTY LINE OF FLORAVON SHORES SUBDIVISION, JUST" BELOW. 110th STREET, HAVING 660 FEET OF FRONTAGE ON U.S. NO. 1; be changed from C -IA Restricted Commercial District and R-3 Multiple Family District (15 Units -Ac.) to R-28 Multiple Family District (8 Units -Ac.). Said land being.approximately 1,300 feet deep as measured on a straight line from U.S. No. 1 and lying Easterly of U.S. No. 1 in Government Lots 3 and 4, Section 8, Township j 31 South, Range 39 East, bounded on the North by the south line of Floravon Shores Sub- division as recorded in Plat Book 4, page 78 of the Public Records of Indian Rivet County, ; Florida, and bounded on the South by the North right-of-way line. of State Road Department Lateral Ditch No. 5 (Section No: 8801-(110-Z07), All the above situate in Indian River County, Florida, and containing 18 acres, more or less. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on ,Wednesday, July., 1 75981, at 1:30 p.m. *- . ;. 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 in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: Patrick B. Lyons,_,Chairman May26, 28, 1981. _ NOTICE OF THE PUBLIC HEARING WAS SENT TO ALL THE AFFECTED PROPERTY OWNERS BY FREDA WRIGHT, CLERK OF CIRCUIT COURT, AS REQUIRED BY FLORIDA STATUTE I25.66, AND COPIES OF SAME ARE ON FILE IN THE OFFICE OF THE CLERK. at 6001(4 PAQ 84 t F, J U L 151981 SENIOR PLANNER ART CHALLACOMBE REVIEWED THE PLANNING STAFF'S RECOMMENDATION, AS FOLLOWS: TO" Neil Nelson County Administrator FROM: avi d M. Re err Planning and Zoning Director DATE: July 15, 1981 FILE: ZC 80-28-448 SUBJECT: County initiated rezoning from C -1A and R-3 to R -2B REFERENCES: It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners. 1. Description and Conditions The Board of County Commissioners initiated rezoning procedures to rezone approximately 18 acres from C -1A Restricted Commercial and R-3 Multi -Family Residential (15 units/ acre) to R -2B Multi -Family Residential (8.1 units/acre). Subject property is located on the east side of U.S. #1, south of 110th Street directly adjacent to the southern boundary of Floravon Shores Subdivision and extends from U.S. #1 to the Indian River. The site presently contains 9 occupied mobile home units -grouped in the northwest - section of the subject property along -U.S. #1. The remainder of the property is vacant with marl drives. There is a dilapidated dock on the Indian River which is part of the R-3 parcel. The area is in the 100 -year flood plain. 2. Alternatives and Analysis A) Approve rezoning of the entire 18 acre parcel from C -1A and R-3 to R -2B Multi - Family (8.1 units/acre). Thi -s would allow -a maximum of 146 units for the entire parcel. It is recognized that there is an excessive amount of commercial districts in this area, thus staff does not object to down zoning the subject property._ In keeping with existing zoning configuration and carrying capacity -of the land, R -2B Multi -Family Residential (8.1 units/acre) would allow an appropriate density level. - The Planning and Zoning Commission recommended rezoning 8.1 acres from C -1A Com- mercial to R -2B Multi -Family Residential. The Board of County Commissioners initiated action to rezone the entire parcel to R-2 Multi -Family Resi-dential on May 22, 1981. B) Discontinue rezoning procedures, leaving the existing zoning configuration intact. The R-3 portion will allow a gross density of 15 units/acre with a maximum total of 120 units. There would remain 8.1 acres of C -1A property. 3. Recommendation A. That the F;,&-L'ire 18 -acre parcel be rezoned from C -1A and R-3 to R -2B Multi - Family ",csidential (8.1- units/acre). B. That the Ordinance effecting rezoning be adopted. W, THE HISTORY OF THE REZONING WAS REVIEWED BRIEFLY, AND IT WAS NOTED THAT AT THE FIRST HEARING, THE BOARD OF COUNTY COMMISSIONERS REJECTED THE PLANNING R ZONING COMMISSIONS RECOMMENDATION TO REZONE THE C -IA PORTION OF THE SUBJECT PROPERTY TO R -2B AND INSTEAD INITIATED A NEW HEARING ON REZONING THE ENTIRE PROPERTY, BOTH THE C -IA AND R-3 PARCELS, TO R -2B, CHAIRMAN LYONS ASKED THAT A LETTER FROM FRED OETZEL, REPRE- SENTING FLORAVON SHORES PROPERTY OWNERS, PROTESTING A REZONING AT ANY- THING OVER C UNITS PER ACRE, BE MADE PART OF THE RECORD, AS FOLLOWS: 6645 i a� Lie T oAavon Shoanu Sem-tan, 7.1'a. .32958 �a.. Y % 1981 Pbt- 1�mtn s CAai tman ln&t 1�t R Cour`# CommL&'�on�rr�s V -,,w Beath, Fla. 32960 y o L �!. �A VO r•�;•�Ls AwA lk. L ons: !n Ike: on A-(�t 15th aeaw&inq Z011lS( ,44D LoNAiD /Cil fao;2ea tis ��.irz� Fast o_771 and Sot/,M 7LOMM 910/vs Na.. .th.e .conc�l home cuneaz o,p 7LOROGN 9109t�S ye l &tz 1wwpeA4 Z/wu/ fie. &emceed -in accAaclance mr %h .the Lad 1144 1.&a and .in rzrL&lvnancc uws Jh t1i e durur o� ex. 6t&Z9 AMM. i .i tlz the c°rr fzPete Qaclz oy yar_ia!' ' ' , -Lha an_w and .the. veV d ngeaoaa b",&& .ai. iLatwn, tae Aaal Aat &e-zontng o y wu�tliinq om& 6 uru-L pea arw coaU Ae hazarulou a to the uho.Qe a17ea. 1eec,4&r4.. auL�i„u t ted, 74.ed 7C1atxee", aj�ofw-dui you �1;'oJrrz:,on Show %ao� Ch.vterc a THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. ATTORNEY STEVE HENDERSON, REPRESENTING THE DORANS, OWNERS OF THE SUBJECT PROPERTY, STATED THAT THEY WOULD LIKE THE BOARD TO RECONSIDER THEIR PREVIOUS ACTION AND REZONE JUST THE COMMERCIAL AREA INTO R -2B, ALLOWING A DEVELOPMENT AT THE DENSITIES ORIGINALLY PRO- JUL RO- JUL 151991 EOOK 46 PACE 849 27 JUL 151981 00 r 8L POSED. IF THE BOARD IS DISINCLINED TO DOING THAT AND THE PROPERTY WERE TO BE LEFT AS IT IS, THEY WOULD MAINTAIN THAT PART OF THE C -IA COULD BE DEVELOPED INTO RESIDENTIAL USE AT A FAIRLY HIGH DENSITY. THIS WOULD NOT BE CONSISTENT WITH GOOD PLANNING, HOWEVER, AND THEY WOULD PREFER THE R -2B ZONING AT g UNITS PER ACRE RATHER THAN HAVE ANY FURTHER DELAYS. FRED OETZEL CAME BEFORE THE BOARD REPRESENTING THE FLORAVON SHORES PROPERTY OWNERS. HE EMPHASIZED THE SERIOUSNESS OF THE WATER SITUATION, THE -DANGERS THAT EXIST -OF SALT WATER INTRUSION, AND THE FACT THAT THIS AREA DOES NOT HAVE THE FACILITIES TO PROMOTE GREAT GROWTH AT THIS TIME, AS THE REASONS THEY WOULD LIKE TO SEE THIS PROPERTY ZONED TO ALLOW NO MORE THAN 6 UNITS PER ACRE; IN ADDITION, THIS WOULD BE MORE IN CONFORMANCE WITH THE PROPOSED MASTER PLAN, WHICH IS COMING UP FOR APPROVAL SOON. CHAIRMAN LYONS INQUIRED ABOUT THE WATER SOURCE FOR THE PRO- POSED SUBDIVISION. ATTORNEY HENDERSON REPORTED THAT THERE HAVE BEEN ON=GOING DISCUSSIONS WITH GENERAL DEVELOPMENT CORPORATION AS TO THE POSSIBILITY OF OBTAINING WATER FROM THEM, BUT HE FELT THAT EVENTUALLY THEY. PROBABLY WOULD HAVE A DEEP WATER AQUIFER SYSTEM, HE POINTED OUT THAT THESE ARE SITE PLAN CONSIDERATIONS AND ANY WATER SUPPLY WOULD HAVE TO BE FRANCHISED BY THE COUNTY AND REGULATED BY ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT. MR. HENDERSON FURTHER NOTED THAT THE RESIDENTS OF FLORAVON SHORES FIRST INDICATED PUBLICLY THAT THEY WOULD BE SATISFIED WITH B UNITS PER ACRE, BUT THEY LATER OBJECTED BECAUSE THEY HAD THOUGHT IT WOULD BE S FOR THE ENTIRE PARCEL; NOW THEY ARE ,OPOSING 6. THIS WOULD REQUIRE A DRASTIC CHANGE IN THE PLANS FOR THE PROPERTY, AND HIS CLIENTS FEEL IT WOULD NOT RESULT IN A MARKET- ABLE PRODUCT. DONALD DORAN INFORMED THE BOARD THAT HE DOES HAVE A LETTER FROM GENERAL DEVELOPMENT CORPORATION STATING THAT DURING THE SECOND QUARTER OF 19082 THEY ARE EXPANDING THEIR WATER FACILITIES IN THE HIGHLANDS AREA AND FEEL THAT AT THAT TIME THEY PROBABLY WOULD HAVE ADEQUATE FACILITIES TO SUPPLY HIS PROJECT WITH WATER. THIS DOES NOT INCLUDE SEWER. COMMISSIONER FLETCHER INQUIRED ABOUT ANY PLANS FOR ANNEXATION TO THE CITY OF SEBASTIAN. MR. DORAN STATED THEY CON- SIDERED THAT, BUT THEY ARE NOT CONTIGUOUS. No ONE FURTHER WISHED TO BE HEARD, AND ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER SCURLOCK COMMENTED THAT THERE HAS BEEN A GOOD BIT OF CONFUSION ABOUT THE DENSITIES AND PORTIONS OF THE PROPERTY INVOLVED, AND THE BOARD HAS BEEN TRYING TO WORK OUT SOME- THING EQUITABLE FOR BOTH PARTIES. HE POINTED OUT THAT WE HAVE COME DOWN FROM A COMMERCIAL DESIGNATION TO AN OVERALL DENSITY OF R-213, WHICH HE FEELS IS THE BEST COMPROMISE. IF THERE ARE SPECIFIC PROBL="'S WITH WATER AND SEWER, THE BOARD CAN ADDRESS THAT IMPACT AT THE TIME THE APPLICANT COMES IN FOR A FRANCHISE. COMMISSIONER SCURLOCK STATED THAT HE PLANNED TO SUPPORT THE RECOMMENDATION OF THE PLANNING DEPARTMENT. COMMISSIONER FLETCHER CONCURRED BASICALLY WITH COMMISSIONER SCURLOCK. HE APPRECIATED THE CONCERN OF THE FLORAVON SHORES PROPERTY OWNERS REGARDING WATER AND ENCOURAGED THEM TO STAY TUNED INTO THE SITE PLAN APPROVAL PROCESS. HE DID NOT WISH THIS REZONING TO SET A PRECEDENT, HOWEVER, REGARDING THE NUMBER OF UNITS PER ACRE IN THIS AREA. CHAIRMAN LYONS ALSO BELIEVED THIS IS THE BEST COMPROMISE AND NOTED THAT IN REGARD TO THE WATER SITUATION, THEY HAVE TO GET PERMITS FROM THE ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT WHO ARE THE REAL EXPERTS. COMMISSIONER WODTKE POINTED OUT THAT IF WE WERE TO DENY THE REZONING, THE APPLICANT WOULD HAVE THE RIGHT TO GO IN AT 15 UNITS PER ACRE AND TO PUT IN A WATER SYSTEM WHICH WE WOULD HAVE TO ADDRESS AT THE SAME TIME. COMMISSIONER BIRD NOTED THAT REZONING TO R-213 ELIMINATES MOST OF THE COMMERCIAL AS WELL AS THE MOBILE HOMES AND THE PRESENT R-3, WHICH CUTS THE DENSITY DOWN A GREAT DEAL. HE FELT THIS REPRESENTS A REASONABLE COMPROMISE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 81-25, REZONING THE BOOK 46 PAGE 851 JUL 151991 29 ;:a JUL 151981 ` 852 18 ACRES MORE OR LESS OF LAND ON THE EAST SIDE OF U.S. N0. 1 ABUTTING THE SOUTHERN PROPERTY LINE OF FLORAVON SHORES SUBDIVISION, JUST BELOW 110TH STREET, HAVING 660 FEET OF FRONTAGE ON U.S N0, 1, FROM C -1A AND R-3 TO R -LB AS INITIATED BY THE BOARD OF COUNTY COMMISSIONERS. ORDINANCE NO. 81-25 WHEREAS, the Board of County Coiiimissioners of Indian River; County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in -order that the following described property situated in I.ndian River County, Florida, to -wit: Said land being approximately 1300 feet deep as measured on a straight line from U.S. #1 and lying Easterly of U.S. #1 in Government Lots 3 and 4, Section 8, Township 31 South, Range 39 East, bounded on the North by the South line of Floravon Shores Subdivision as recorded in Plat Book 4, page 78, of the Public Records of Indian River County, Florida, and bounded on the South by the North right-of-way line of State Road Department Lateral Ditch No. 5 (Section No. 8801-(110-207). All the above situate in Indian River County, Flor.ida and containing 18 acres more or less. Be changed from C -1A Restricted Commercial District and R-3 Multiple Family District to R -2B Multiple Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Thi s Ordi nance shal 1 take effect July 20, 1981. 30 ORDINANCE 81-26 - REZONING TO C -1A AS REQUESTED FOR INDIAN RIVER FEDERAL SAVINGS & LOAN. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian Rider 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 4cea in the matter of eL i,I,�t 4, 4 V- 141 f &.'? „d' AtAe . in the Court, was pub - fished in said newspaper in the issues of TGtd:tg // /-2 - �T�Z Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this °z day of �+ A.D. (Business an r) (SEAL) (Clerk of the Circuit Court, Indian River CUnty, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing -the feasibility of making the following changes and additions to the Zoning Ordinance of Indian 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 S.R. 60, EAST OF'KINGS HIGHWAY AND WEST OF 43RD AVENUE, in Indian River County, Florida, to -wit: Part of the Northwest quarter of the South- west quarter of Section 4, Township 33 South, Range 39 East, beginning at a point on the North line of said Southwest Quarter of said Section 4 which point is 590.6' east of the North- west corner of said Southwest quarter of said Section 4; thence South parallel with the went line of said Section 4,1311 feet to the northe - line of the right-of-way of main canal, th< -- nRrthwesterly along the northerly line of c ,nal right-of-way to a point 1331.2' due EaN; •,f the West line of said Section 4; thence Norl:h parallel with the West line of said Section 4, 1041.9' to the North line of the said Southwest quarter, thence west along the north line of said Southwest quarter of said Section 4,7411 to beginning. EXCEPT, however, the right-of- way for public roads, drainage canals, and ditches as shown on the plat of said lands by the part of the first part LESS the west 9.4' of the above described property. The above parcel situated in parts of Tracts 12 and 13, Section 4, Township 33 South, Range. 39 East, according to Plat Book 2; page 25, St. Lucie County Public Records, Indian River Farms Company , Subdivision. Said land. situated in Indian River County, Florida. Be changed from R-1 Residential District to CAA Restricted Commercial District. - A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, Jam -)5,,1981; at 1:30 P.M. 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 in- cludes testimony and evidence upon which the appeal is based.. Indian River County' Board of County Commissioners By: Patrick B. Lyons Chairman June 11, 12, 1981. NOTICE OF THE PUBLIC HEARING WAS SENT TO ALL THE AFFECTED PROPERTY OWNERS BY FREDA WRIGHT, CLERK OF CIRCUIT COURT, AS REQUIRED BY FLORIDA STATUTE 1251661 AND COPIES OF SAME ARE ON FILE .I N THE OFFICE OF THE CLERK. BOOK - 46 PAGE 853 JUL 151981 - 31 _. f1. JUL 151981 BOOK 4854 SENIOR PLANNER ART CHALLACOMBE REVIEWED THE PLANNING SZTAFF`S RECOMMENDATION, AS FOLLOWS: TO: Neil Nelson DATE: July 15, 1981 FILE: ZC 81-13-451 County Administrator SUBJECT: Indian River Federal Savings FROM: David M Reve� REFERENCES: Planning and Zoning Director It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners. 1. Description and Conditions. Applicant requests rezoning of approximately 19.5 acres, located on the south .side of S.R. 60, 600 feet east of 58th Avenue, from R-1 Single Family District to C -1A Restricted Commercial. The subject property is vacant, with heavy vegetation and has approximately 660 feet fronting on S.R. 60. The adjacent property to the east con tains groves, while the Main Relief Canal runs diagonally along the southern boundary of the site. There is a single family residence west of the subject property,: -approx- imately 350 feet south of S.R. 60. There is a single family residential development . the north side of S.R. 60, along 56th Street. Approximately 2000 feet to the east, - 'he north side of S.. R. 60, is a commercial area containing a bank and an insurance ;ency. There is also a site plan for a proposed office building and a site plan for a proposed pro shop/putting course, as well as a rezoning request for expansion of that commercial district. The subject property is designated as commercial.in both the existing and proposed Comprehensive Plan. 2. Alternatives and Analysis A) Approve the rezoning of subject property from R-1 to C -1A. The Main Relief Canal on the south side of subject property provides a permanent buffer. and boundary for the existing agricultural/residential areas to the south. S.R. 60 has adequate capacity to accomodate commercial uses; the configuration under single ownersErip would allow design flexibility. The site is in an area which is anticipated to develop into a commercial area. The Planning and Zoning Commission unanimously recommended approval to rezone from R-1 Single Family to C -1A Restricted Commercial (May 28, 1981). B) Disapprove the request, leaving the area in a residential district. 3. Recommendation A) Staff recommends that the property be rezoned from R-1 to C -1A. B) That the Ordinance effecting rezoning be adopted. THE BOARD REVIEWED THE MANY USES PERMITTED AS SPECIAL EXCEPTIONS IN C -1A ZONING, AND IT WAS NOTED THERE IS A 75' SETBACK REQUIRED ON S.R. 60 IN THIS AREA. m im GEORGE GENTILE, AGENT REPRESENTING INDIAN RIVER FEDERAL SAVINGS & LOAN, INFORMED THE BOARD THAT THIS 19 ACRE SITE IS FAIRLY HEAVILY VEGETATED, AND THEY WILL BE PRESERVING (QUITE A BIT OF THE VEGETATION. THE SITE WILL BE HEAVILY BUFFERED AND IT WILL BE ORIENTED TOWARDS COURTYARDS - MORE LIKE A CAMPUS TYPE FACILITY. THEIR CONCEPT IS TO HAVE A PROFESSIONAL OFFICE TYPE PARK, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER VIODTKE, SECONDED BY COMMISSIONER BIRD, THE.BOARD UNANIMOUSLY ADOPTED ORDINANCE 81-26, REZONING THE SUBJECT PROPERTY, WHICH IS LOCATED ON S.R. 60 EAST OF KINGS HIGHWAY AND WEST OF 43RD AVENUE, TO C-lA AS ADVERTISED AND AS REQUESTED BY INDIAN RIVER FEDERAL SAVINGS & LOAN. ROOK- 46 PAU 855 JUL 15 1991 t 33; r-- JUL 15191 ORDINANCE NO. 81-26 YHcRE.=+S, the Board of County Commissioners of Indian River County, Florida, did publish and send its Nlotice 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; NO: -J, 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 fol I0,as: 1. That the Zoning Map be changed in order that the following described property situated in Indian i River County, -Florida, to -wit: Part of the Northwest quarter of the Southwest quarter of Section 4, Township 33 South, Range 39 East, beginning at a point on the North line of said Southwest quarter of said Section 4 which point is 590.6 feet East of the Northwest corner of said Southwest Quarter of said Section 4; thence South parallel with the west line of said Section 4, 1311 feet to the northerly line of the right-of-way'of. main cahal, thence northeasterly along the northerly line:of said canal right-of-way to a point 1331.2 feet due East of_the West line of said Section 4; thence North parallel with the West line of said Section 4, 1041.9 feet to the North line of the said Southwest quarter, thence west along the north line of said Southwest quarter of said Section 4, 741 feet to beginning. E-XCEPT, however, the right-of-way for public roads, drainage canals, and ditches as shown on the plat of said lands by tfie pdi—L-v of the first part LESS the west 9.4 feet of the above described property. The above parcel situated in parts of Tracts 12 and 13, Sec- tion 4, Township 33 South, Range 39 East,_ -according to Plat Book 2, page 25, St. Lucie County Public Records_, Indian River Farms Company Subdivision. Said land situated in Indian River County, Florida. Be changed from R-1 Residential District to C -1A Restricted Commercial District. All with the meaning and intent and as set forth and described .in said Zoning Regulations. This Ordinance shall take effect July zo, 1981, v AUTHORIZATION TO ADVERTISE FOR PUBLIC HEARING RE GIFFORD STREET LIGHTING DISTRICT THE BOARD REVIEWED THE ADMINISTRATORS MEMO EXPLAINING THE REQUEST FOR A GIFFORD STREET LIGHTING DISTRICT, AS FOLLOWS: TO: -The Honorable Member of the DATE: July 8, 1981 FILE: Board of County Commissioners SUBJECT: Gifford Street Lighting District FROM. FERENCES: Neil A: Nelson County Administrator The Administration has received verbal request from Mr. J. Blayne_Jennings, on behalf of the Gifford community, requesting the Board to call for a public hearing regarding the creation of a street lighting destrict for the Gifford area. 1. Description and Conditions The boundaries of the proposed district would be roughly 49th Street on North, Kings Highway on the West, 40th Street and the Vero Beach City limits on the South, and a line East of U.S. Highway # 1 to the East. Mr. Jennings has received estimates on lighting requirements from Florida Power and Light Company and the City of Vero Beach, each of which serves a portion of the proposed district. The proposal from Florida Power & Light calls for a total of one hundred and three lights at an estimated annual cost of $5,617. The City of Vero Beach proposal calls for an additional two hundred and eighty-nine lights at an annual cost of approximately $32,612. The total three hundred and ninety-two lights proposed by the two electrical systems would have an annual cost of approximately $38,229. With estimated contingencies, appraisal and collection of fees, the Administration estimates a gross budget requirement of $44,452, with a net tax levy of $42,229. Based upon an estimated tax base within the district of $18,000,000., the millage requirement would be 2.35 mills. It should be noted the $18,000,000. tax base utilizes the $15,000. homestead exemption, and will change as the $20,000. homestead exemption is implemented in 1981, and the $25,000, exemp- tion is implemented in 19.82. Additionally, final determination of the district boundaries will affect the district tax base to some extent. - In the past, Indian River County has created street lighting districts using the municipal service taxing unit vehicle. In that manner payment for street lights is based upon a ad valorem tax levied against taxable property within the unit. As an alternative to that approach, the Board may wish to consider utilization of a front foot assessment chargel on an annual basis for street lighting, under the special assessment ordinance which the Board will consider on August 5, 1981. 2. Recommendation Based -upon the information available, the Administration recommends the Board of County.Commissioners hold an initial public hearing to determine the desirability of creating a street lighting d.istrict.for the Gifford area under either of the two.alternatives available. Prior to formal proceedings being initiated to establish the district, the Administration proposes that the initial public hearing be in the form of a workshop session to determine the general feeling of the residents and property owners of the proposed district, and that, based upon information recieveed at. this initial public hearing/v.orkshop, a determination be rade .re ardi;n r,1 1'0 whether, and which, street lighting district route to purswK � % JUL 15 1981 4 �7 !, � Z` r J� U L 15 1981 O BOOK gs_ �t� Cpnr - t�S ATTORNEY J. BLAYNE JENNINGS INFORMED THE BOARD THAT THE PROPOSAL SUBMITTED BY THE CITY OF VERO BEACH WAS A BIT EXTRAVAGANT FOR A BEGINNING, AND WHAT THEY ARE PLANNING TO DO IS GET TOGETHER WITH THE COMMUNITY AND LET THEM KNOW THAT THE PROPOSAL COULD POSSIBLY BE CUT IN HALF TO MAKE IT MORE COMPATIBLE; THEY ARE JUST ASKING THE COMMISSION TO AUTHORIZE THIS MATTER FOR A PUBLIC HEARING - THEY WANT TO START SLOW AND NOT BE OVERCOSTED. ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAD DISCUSSED THIS -WITH CITY MANAGER JnHN LITTLE, WHO AGREED THE CITY'S PROPOSAL COULD BE CUT DOWN CONSIDERABLY. COMMISSIONER BIRD ASKED IF THIS PROPOSED DISTRICT COULD BE SET UP WITH A MILLAGE CAP, AND THEY THEN COULD WORK UNDER THAT CAP AND NOT HAVE TO GO TO THE MAXIMUM. CHAIRMAN LYONS NOTED THAT THE AREA WOULD NOT BE SCALED DOWN, JUST THE NUMBER OF LIGHTS PROPOSED. HE CONTINUED THAT ATTORNEY JENNINGS NOW IS TALKING ABOUT SOMETHING IN THE NEIGHBORHOOD OF $24,000 YEARLY COST, WHICH HE BELIEVED COULD WORK OUT TO SOMETHING A LITTLE OVER A MILL FOR THAT DISTRICT. HE ASKED IF THIS MIGHT CAUSE A PROBLEM AS FAR AS ACCEPTANCE OF THE DISTRICT IS CONCERNED. ATTORNEY JENNINGS DID NOT FEEL THAT IT WOULD, HE STATED THAT HE WOULD WORK WITH THE PROPERTY APPRAISER AND COME UP WITH SOME TENTATIVE FIGURES TO GIVE THE PEOPLE SOME IDEA OF THE COST. COMMISSIONER BIRD QUESTIONED THE DESCRIPTION OF THE DISTRICT, NOTING THAT n LINE EAST OF U. S. HIGHWAY 1 TO THE EAST" WAS RATHER VAGUE. ATTORNEY COLLINS ASKED PROPERTY APPRAISER NOLTE ABOUT THE LEGAL DESCRIPTION, AND MR. NOLTE READ THE FOLLOWING LIST OF BUSINESSES WHICH WOULD BE INCORPORATED IN THE PROPOSED DISTRICT, INCLUDING THOSE ON THE EAST OF U.S. HIGHWAY 1: QUALITY FRUIT PACKERS OF INDIAN RIVER FISHER BEVERAGES STURGIS LUMBER GOLDEN SKILLET GAS MART PSR. MILLER'S RIVERFRONT GROVES LEROY SMITH SONS BLUE GOOSE INDIAN RIVER PACKING FRUIT HAFFIELD CITRUS HE ESTIMATED THESE PROPERTIES WOULD FURNISH ABOUT 1.5 MILLION OF TAXABLE VALUE. ADMINISTRATOR NELSON DISPLAYED A MAP OF THE LIGHTS AS PROPOSED BY THE CITY OF VERO BEACH, CONVERSATION CONTINUED IN RE- GARD TO THE DISTRICT BOUNDARIES, THE DESIRABILITY OF SQUARING OFF THE DISTRICT AS MUCH AS POSSIBLE, AND POSSIBLY USING 1.5 MILLS MAXIMUM AS A SAFE FIGURE. COMMISSIONER FLETCHER ASKED IF THE CITY OF VERO BEACH WOULD CHARGE JUST A FLAT MONTHLY FEE OR CHARGE FOR CONSTRUCTION, ETC., AND THEN A MONTHLY FEE, ATTORNEY BLAYNE ,JENNINGS STATED THAT IT IS JUST A MONTHLY FEE FOR THE LIGHTS AND MAINTENANCE IS INCLUDED. DISCUSSION AROSE AS TO HAVING TO PAY FOR BREAKAGE OF LIGHT BULBS, AND FINANCE OFFICER BARTON STATED THAT ALL OTHER LIGHTING DISTRICTS HAVE TO PAY TO HAVE BROKEN BULBS REPLACED. COMMISSIONER WODTKE NOTED THAT THE MEMO OF.ADMINISTRATOR NELSON TALKS ABOUT ALTERNATIVE METHODS OF APPROACHING THE FUNDING - AD VALOREM TAXES OR FRONT FOOT ASSESSMENT. HE CONTINUED THAT WITH THE NEW $20,000 HOMESTEAD EXEMPTION, THERE WOULD BE NO MONEY COMING IN FROM A LARGE MAJORITY OF THE HOMESITES, AND THE ENTIRE COST WILL HAVE TO BE OBTAINED FROM COMMERCIAL PROPERTY OR THOSE WITH PROPERTY THAT IS WORTH MORE. CHAIRMAN LYONS REPORTED THAT HE DISCUSSED WITH THE PROGRES- SIVE LEAGUE THE FACT THAT THE MAJOR COST OF THE DISTRICT WOULD BE BORNE BY THOSE WHO HAD PROPERTY VALUED ABOVE THE EXEMPTION, AND HE BELIEVED THERE IS A VERY STRONG FEELING THAT THEY WANT THE LIGHTS. HE AGREED THAT THEY ARE NEEDED. PROPERTY APPRAISER NOLTE INQUIRED WHETHER ANY THOUGHT HAD BEEN GIVEN TO ASSESSING THIS ON AN ACREAGE OR PARCEL BASIS. HE NOTED THAT THE EXEMPTIONS WOULD NOT APPLY WHEN THE ASSESSMENT IS BASED ON A CERTAIN AMOUNT PER ACRE OR FRACTION THEREOF, AND MORE PEOPLE WOULD BE AFFECTED, THREE DRAINAGE DISTRICTS ARE ASSESSED IN THIS MANNER, ONE BEING ASSESSED AT $6.00 PER ACRE OR FRACTION THEREOF, AND MR. NOLTE STATED IT WOULD NOT PRESENT A PROBLEM FOR HIS OFFICE. HE EMPHASIZED THAT IT MUST BE UNDERSTOOD THAT THE PEOPLE WHO HAVE AN $18,000 HOUSE AND A $20,000 EXEMPTION MIGHT STILL RECEIVE A SMALL BILL. MR. NOLTE CONTINUED THAT GENERAL DEVELOPMENT CORPORATION IN PORT ST, JUL 1 aoo 6 PAGE 859 5 1991 37 JUL 151981 LJCIE HAS THEIR STREET LIGHTING DISTRICT ON A PARCEL BASIS, AND HE BELIEVED IT WOULD BE A FAIRER WAY TO DISTRIBUTE THE TAX BURDEN, THE COMMISSION MEMBERS AND ATTORNEY JENNINGS AGREED THIS WAS A GOOD IDEA AND MIGHT SOLVE A PROBLEM SINCE EVERYONE IN THAT AREA HAS A STAKE IN THE STREET LIGHTING. DISCUSSION FOLLOWED ON AN APPROPRIATE MOTION AND ATTORNEY COLLINS REQUESTED THAT THE MOTION BE MADE TO COVER MORE THAN ONE POS- SIBLE METHOD OF FUNDING THE DISTRICT UNTIL HE COULD DETERMINE THAT A MUNICIPAL SERVICE TAXING DISTRICT IS AUTHORIZED TO ASSESS AS SUGGESTED BY MR. NOLTE. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER SCURLOCK, TO AUTHORIZE ADVERTISEMENT OF A PUBLIC HEARING AT 7:30 O'CLOCK P.M. AUGUST 5TH IN REGARD TO SETTING UP A STREET LIGHTING DISTRICT IN THE GIFFORD AREA, THE ADVERTISEMENT TO INDICATE THAT FUNDING WILL BE HANDLED EITHER BY SETTING UP A 1.5 MILLAGE AD VALOREM TAX CAP OR ON A BASIS OF PARCEL BY PARCEL FUNDING. IN DISCUSSION, IT WAS NOTED THAT THERE IS A PREFERENCE FOR THE PARCEL BY PARCEL BASIS, AND THE ATTORNEY AGREED THAT HE WILL DRAFT THE ORDINANCE ON THAT BASIS IF IT CAN BE DONE. PROPERTY APPRAISER NOLTE STATED THAT HE WOULD NEED THE EXACT BOUNDARIES OF THE PROPOSED DISTRICT AS SOON AS POSSIBLE.. DISCUSSION ENSUED IN REGARD TO SQUARING OFF THE BOUNDARIES, AND ATTORNEY COLLINS SUGGESTED, FOR DESCRIPTION PURPOSES, MAKING IT ALL OF THE NORTHEAST 1/4 OF SECTION 22 WHICH WOULD MAKE IT SUBSTANTIALLY BIGGER, BUT THERE WILL BE DEVELOPMENT THERE. COMMISSIONER BIRD FELT THERE SHOULD BE SERVICES TO JUSTIFY THE COST AND DID NOT WANT TO BRING IN AN AREA THAT WILL NOT HAVE THE LIGHTS. ATTORNEY COLLINS NOTED THAT IT COULD BE DESCRIBED AS THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 221 AND COMMISSIONER BIRD FELT WE NEED ATTORNEY .JENNINGS TO COME IN WITH SOME REALISTIC INFORMATION ON THE AREA TO BE SERVED AND THEN GET THE DOLLARS FROM THAT AREA. ATTORNEY JENNINGS DID NOT BELIEVE WE NEED TO CONCERN OUR- SELVES WITH THIS FOR THE PURPOSE OF" - VERTISING, BUT WILL HAVE TO HAVE THIS INFORMATION BY THE TIME OF THE PUBLIC HEARING. a THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. AUTHORITY FOR ATTORNEY TO REPRESENT COUNTY IN SUIT FILED BY DIGITAL COMPUTER CONTROLS, INC. ATTORNEY COLLINS REPORTED THAT THE COUNTY HAS BEEN SERVICED IN A THIRD PARTY COMPLAINT, WHICH HE BELIEVED REVOLVES AROUND THE COMPUTER IN THE PROPERTY APPRAISERS OFFICE. MR. NOLTE EXPLAINED THAT HIS OFFICE PAID CENTRAL FLORIDA COMPUTER SERVICES AND HAVE THE CANCELLED CHECK; THEY ARE CLEAR, THE MAYFLOWER TRANSIT COMPANY DELIVERED THE COMPUTER AND LOST THE CHECK SOMEWHERE. WHATEVER INSURANCE OR GUARANTEES HAVE TO BE PUT UP, HAVE BEEN PUT UP, AND HE BELIEVED A NEW CHECK HAS BEEN ISSUED. HE DID NOT REALLY UNDERSTAND WHAT THE SUIT IS ABOUT. ATTORNEY COLLINS COMMENTED THAT APPARENTLY THE ORIGINAL DEFENDANT DID NOT RECOGNIZE THE DIFFERENCE BETWEEN CONSTITUTIONAL OFFICERS AND THE BOARD OF COUNTY COMMISSIONERS AND SUED THE COUNTY, HE CONTINUED THAT IT IS REALLY UP TO THE PROPERTY APPRAISER TO RESOLVE THIS, AND HE HAS BEEN IN CONTACT WITH ROBERT JACKSON, THE PROPERTY APPRAISERS ATTORNEY IN THIS REGARD. COMMISSIONER WODTKE INQUIRED IF THE ATTORNEY NEEDED OFFICIAL ACTION STATING THAT HE IS AUTHORIZED TO REPRESENT THE BOARD IN THE EVENT WE NEED TO TAKE ANY LEGAL POSITION, AND ATTORNEY COLLINS STATED THAT WHILE HE DID NOT BELIEVE THIS IS A MAJOR ISSUE, HE FELT HE SHOULD BE SO AUTHORIZED. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO WORK WITH THE PROPERTY APPRAISER`S ATTORNEY, IF NECESSARY, IN RESPONSE TO CIVIL ACTION SUIT N0, 81-8026 FILED BY DIGITAL COMPUTER CONTROLS, INC. CHANGE ORDER #3 FOR PHASE II GIFFORD AREA FEWER & I`!ATER IMPROVEMENTS GUY WILLS, ENGINEER FOR SVERDRUP & PARCEL, OF THE .JOINT VENTURE, CAME BEFORE THE BOARD TO EXPLAIN THE REASON FOR THE CHANGE ORDER IN REGARD TO A FLOW REGULATOR BOX FOR THE SEWAGE TREATMENT PLANT. HE EXPLAINED THAT THE COUNTY ACTUALLY WAS GOING TO FABRICATE THE BOX THEMSELVES, BUT THE CONTRACT HAD ALREADY BEEN LET; THEREFORE, THEY JUST HAD FMHA PAY FOR THIS INSTEAD OF THE COUNTY AND HAD IT ADDED BY CHANGE ORDER. IT WAS IN THE PLANS ALL ALONG, BOOK 46- PAU 861 JUL 151981 39 r JUL 15 1981` J 600K APPROVAL OF BIOLOGICAL REPORT REGARDING EXTENSION OF INDIAN RIVER BOULEVARD ADMINISTRATOR NELSON INFORMED THE BOARD THAT A LETTER HAS BEEN RECEIVED FROM BEVERLY BIRKITT, ENVIRONMENTAL SPECIALIST OF THE DER, STATING THAT THE PERMIT APPLICATION FOR THE EXTENSION OF INDIAN RIVER BOULEVARD IS INCOMPLETE WITHOUT LOCAL APPROVAL FOR FILLING WATERWARD OF THE EXISTING HIGH WATER LINE. IN ORDER TO BUILD A ROAD AS PROPOSED FOR INDIAN RIVER BOULEVARD EXTENSION, IT IS NECESSARY FOR BOTH THE BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL TO READ THE BIOLOGICAL REPORT INTO THEIR MINUTES. DISCUSSION FOLLOWED AS TO WHETHER IT WAS NECESSARY TO ACTUALLY READ THE REPORT ALOUD, AND THE CHAIRMAN NOTED THAT SINCE THE ROAD REQUIRES FILL, WE HAVE TO SPECIFICALLY NOTE THE ENVIRONMENTAL REPORT AND AGREE THAT THIS WILL HAPPEN BECAUSE THEY HAVE TO KNOW THAT WE ARE AWARE THAT SOME OF THE FILL IS GOING TO BE IN THE TIDAL WETLANDS. ADMINISTRATOR NELSON THEREUPON READ THE FOLLOWING REPORT INTO THE MINUTES: f t.S'. of Flono>t DEPARTMENT OF ENVIRONMENTAL REGULATION INTEROFFICE MEMORANDUM Fa Rovtinq. TQ binrld f1Hl�w—"—""-j awt/Or To Othw Than I he , roes" To: Loci _ To Locin.: 70: Loc in.. Oatr TO: File ST. JOHNS RIVER DISTRICT THROLIC:i: Beverly Birkett THROUGH: Walt Wheeler FROM: Meese. Kessler DATN'- May 15, 1981 SUI3ncr: Indian River County - D/I' Indian River Country File No. 31-39798 A. The applicant proposes to construct approximately a one mile ex- tension of Indian River Blvd. from SR60 north to Barber Avenue. T}o primary purpose for the road is to provide quicker access to a n(-Iarby hospital. ' The extension, across mosquito control impoundment._;, includes: 1) constructing a 126 foot bridge over the main canal, 2) installing a double 10 foot by 5 foot box culvert in the north canal (Vossinbury Creek), 3) installing a double 9 foot by 4 foot box culvert in a'ditch along Barber Avenue, and 4) providing several eliptical pipes under the proposed road. n total of approximately 8.1 acres of wetlands are involved. ,%� The crossing and filling of the wetlands will be of fill (mostly a moquito control back dike) and 24 inch culverts with flap gates (on downstream tidal influence to impounded wetlands. B. offs the side) O� The general vicinity is the west shore of the Indian Keach north of S R60. This section of the Indian Rive Waters and is moderately developed. Development, restricted mainly to south of SR60 and the river east shore, consists of single family waterfront homes. The project vicinity and areas immediately n6rth can be characterized as historical mixed mangrove and Batis/Salicornia communities. Later these areas were impounded to control mosquito breeding. Due to property owner requests, each impoundment cell is now in differing adverse conditions. Some cells are no longer managed for mosquito breeding by the impounding technique (dikes remain) while others are influenced by tides. Within the past few E00� , _ PALE 863 JUL 15 1981 41 JUL 151981 File flay 15, 1981 Page two B60K ,J' pAGF months, consultants have inquired about developing the nearby uplands and impoundments. Several meetings have been :field with county officials, regulatory agencies and the project consultant. One of the major concerns is the effect that the road might have on the master drainage plan now being considered by'the county. Immediate attention to this problem has been expressed by residents within a subdivision west of the proposed road. , Another concern which has been obvious to all regulatory agencies since the early 1970's has been the concomittant development of the wetlands surrounding the proposed -road and the possible extension of the road further north through additional wetlands. Regulatory agencies have been giving special consideration to this project because of the expressed need to provide quick emergency service to the hospital and the lack of alternate routes. C, The project area can be divided into 3 distinct areas: 1) Main Canal, 2) Vossinbury Creek, and 3) mosquito control impoundments. Again Canal The main canal is the Indian River Farms Drainage Cariali� 'ch drains to the Ind4an River. This canal provides drainage no 4(M-61 citrus groves but also for urban and -residential are nal is approximately 60 feet wide, has a wier structure (t.str the proposed road) and steep banks vegetated by peppert ae toward the Indian River). �, Vossinbury Creek,Q� Vossinbury Creek is now a ditch that runs west to east tJ Y of the Indian River and 'is between mosquito control impoundments. The ditch is approximately 25 feet wide and is vegetated by mangrove. The upstream end of Vossinbury Creek, the west end of the impoundment, widens and has islands of red mangrove. A tidal ditch extends northward from Vossinbury Creek and along the mosquito control back dike to Barber Avenue. _ry File flay 15, 1981 Page three Mosau i Lo Control lint-)oundments M Four separate cells will be crossed. one is more distinct than the other three in that it has not been subjected to "dewatering" by mosquito control: as requested by the property owner. This ce11 apparently receives some runoff from the adjacent subdivision and has a relief culvert at the southeast corner to the Main Canal. This area is distinct because a viable black mangrove../seA oxeye community exists. The rcmai.nintj impoundment cells aro in an :Idvorno condition c111 t.c+ mosquito control techniques holh impounding anti the requests oz property owners to stop flooding the land, discharge of fill and no efforts to restore tidal conditions within the watland. Thi-; condition was worsened as a result of recent severe cold winters. The result of these factors are a dry wetland, significant nuri:_,e- of dead mangrove (however, several are sending out new shoots), and the invasion of undersirable vegetation (Melaleuca so. and peppertree). The invasion of these plants have occurrernt-ai fill sites. D. The proposed road will cross wetlands that have been impoun ed for mosquito control and large sections that are filled wetlai (including back dikes). The impacts to these areas will -et by fill removal and, therefore, recreating the tidal we the restoration of tidal action to the impounded sites. J� E. Discussions with other regulatory agencies have brough t. additional ways to minimize the impact. These include: use of an adjustable'wier instead of a flap gate, and 2) the wal of the section of back dike between Vossinbury Creek and Barber. Avenue. Both of these would better restore lost wetlands. If a flap gated culvert must be used then the flap gate must be installed on the upstream end of the. culvert. The flap gate on the downstream end serves only to drain the impoundment and not to restore tidal action. The additional dike removal will also provide additional sources of fill for road construction. BOOK 6 PACE 865 J U L 15 1981 43 BOOK 4 'JUL 15198`f COUNTY ENGINEER JAMES DAVIS TOOK OVER FOR ADMINISTRATOR NELSON, WHO HAD TO LEAVE THE MEETING TO ATTEND A FUNERAL CHAIRMAN LYONS NOTED THAT THE DOCUMENT HAVING BEEN READ INTO THE MINUTES AND MADE A PART OF THE RECORD, WE NOW NEED A MOTION THAT WE APPROVE OF THE ACTIVITY WHICH IS OUTLINED THEREIN. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD, THAT THE BOARD APPROVE THE BIOLOGICAL REPORT AS READ INTO THE MINUTES AND INDICATE THAT WE UNDERSTAND THAT A ROAD WILL GO THROUGH THAT WETLAND AREA NECESSITATING THE MOVEMENT OF FILL MATERIAL IN SAID AREA, ENGINEER DAVIS COMMENTED THAT THE REPORT INCORPORATES COMMENTS MADE BY THE FISH, GAME AND WILDLIFE COMMISSION, WHICH SUGGEST THE USE OF AN ADJUSTABLE WEIR INSTEAD OF A FLAP GATE. CHAIRMAN LYONS DID NOT FEEL THAT IS REALLY IMPORTANT AT THIS POINT. IF THERE IS GOING TO BE AN ALTERNATIVE METHOD SUGGESTED, HE DID NOT BELIEVE IT IS UP FOR DISCUSSION AT THIS TIME. COMMISSIONER SCURLOCK ASKED IF THE MOTION IS THAT THE REPORT IS READ INTO THE MINUTES AND WE UNDERSTAND IT, OR THAT WE AGREE WITH WHAT WAS READ BECAUSE HE DID NOT AGREE WITH WHAT WAS READ AS HE FELT THERE ARE ALTERNATIVE METHODS TO REACH THE HOSPITAL AND REDUCE THE RESPONSE TIME, SUCH AS USING PARAMEDICS AND MOVING THE PERSONNEL OUT TO THE PEOPLE. HE STATED THAT EVEN THOUGH OTHER COMMISSIONERS MAY LIKE THIS PROJECT, HE DID NOT HAVE TO AGREE WITH THEM. CHAIRMAN LYONS COMMENTED THAT HE DID NOT NECESSARILY LIKE IT, BUT TOOK THE POINT OF VIEW THAT WE ARE GOING TO NEED THAT ROAD FOR A BY-PASS AROUND THE CITY AS POPULATION INCREASES. JUSTIFIED; COMMISSIONER SCURLOCK POINTED OUT THAT IS NOT HOW IT IS BEING COMMISSIONER WODTKE STATED THAT BACK FOR MANY YEARS, ALL THE ORIGINAL LONG RANGE PLANNING DESIGNATED THIS EXTENSION, AND HE MUST AGREE WITH THE CHAIRMAN REGARDING TRANSPORTATION AND MOVEMENT FROM S.R. AIA INTO B.S. I; ALTHOUGH AT PRESENT THE PROPOSED EXTENSION PRIMARILY SERVES THE HOSPITALS HE 'FELT IT WILL BE AN IMPORTANT TRANSPORTATION NETWORK FOR ALL OF US IN THE FUTURE. COMMISSIONER FLETCHER ASKED IF THEY VISUALIZE INDIAN RIVER 4 44 BOULEVARD EXTENDING NORTHWARD PAST BARBER AVENUE AND CHAIRMAN LYONS NOTED THAT WHILE IT COULD GO FURTHER NORTH, IT CANNOT GO ANY FURTHER TO THE EAST. COMMISSIONER WODTKE BELIEVED INDIAN RIVER BOULEVARD WILL EVENTUALLY CONNECT TO U.S. 1 TO THE NORTH OF BARBER AVENUE AND WILL BECOME AN IMPORTANT ARTERY. COMMISSIONER FLETCHER STATED THAT HIS POINT IS THAT TO HIM THE PRIMARY USE AND RESULT OF THE PROPOSED EXTENSION WILL BE FOR THE EXPANSION OF FURTHER LAND DEVELOPMENT IN THAT AREA AND HE BELIEVED THE COST SHOULD BE BORNE BY THE PEOPLE WHO WILL BENEFIT, NOT THE TAXPAYER. TO USE THE HOSPITAL AS THE EXCUSE FOR THE ROAD WAS NOT PALATABLE TO HIM. COMMISSIONER SCURLOCK COMMENTED THAT IT SEEMS THE BOTTOM LINE IS THAT WE SEE THIS EXTENSION AS AN EXPANSION OF OUR TRAFFIC SYSTEM, AND MAYBE TO HAVE ANOTHER MAJOR TRAFFIC ARTERY IS FINE, BU: THAT IS NOT WHAT HE HAS BEEN HEARING AND IT IS NOT STATED IN THE REPORT. CONSIDERABLE DISCUSSION CONTINUED AS TO WHETHER THE BOARD IS ACTUALLY APPROVING THE REPORT OR SIMPLY ACCEPTING IT. ENGINEER DAVIS NOTED THAT THE ACTUAL STATEMENT IS THAT THE DER WILL NEED LOCAL APPROVAL FOR THIS PROJECT, AND COMMISSIONER WODTKE POINTED OUT THAT WE ALREADY HAVE APPROVED THE PROJECT; HE STATED THAT HIS MOTION IS TO APPROVE THE BIOLOGICAL REPORT AS READ INTO THE MINUTES, AND COMMISSIONER BIRD AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 3 TO 2 WITH COMMISSIONERS FLETCHER AND SCURLOCK VOTING IN OPPOSITION. ANN ROBINSON INFORMED THE BOARD THAT SHE.IS SPOKESWOMAN FOR THE AUDUBON SOCIETY, AND HAD WISHED TO SPEAK ON THIS MATTER BECAUSE THE AUDUBON SOCIETY WOULD HAVE PREFERRED TO SEE THE BOARD RECOMMEND APPROVAL OF THE ALTERNATIVE OF USING AN ADJUSTABLE WEIR INSTEAD OF A FLAP GATE,AS RECOMMENDED BY THE FISH & WILDLIFE COMMIS- SION. SHE FELT IT IS VERY DIFFICULT FOR THE BOARD TO BE PUT IN THE POSITION OF APPROVING AN ENTIRE REPORT AT THE LAST MINUTE, AND SHE OBJECTED TO THE BOARD BEING ASKED TO GIVE BLANKET APPROVAL TO A REPORT THAT NONE OF THEM HAD EVEN SEEN. 45 eoo 46 PAGE 867 J U L 151981 CHAIRMAN LYONS INFORMED MRS. BOOS ' pq "E� ROBINSON THAT HE HAD SEEN THE REPORT AND HAD READ IT. HE EXPLAINED THAT HE HAD THOUGHT SHE WAS TALKING TO ENGINEER DAVIS AND DID NOT REALIZE SHE WISHED TO BE HEARD. ARGUMENT CONTINUED AS TO WHO HAD OR HAD NOT SEEN OR READ THE REPORT AND AS TO THE NECESSITY OF ACTUALLY APPROVING IT AS OPPOSED TO MERELY ACCEPTING IT. WITH REGARD TO INDICATING A PREFERENCE FOR ONE STRUCTURE RATHER -THAN ANOTHER, COMMISSIONER BIRD FELT WE WOULD HAVE TO OBTAIN INFORMATION FROM OUR ENGINEER BEFORE MAKING SUCH A DECISION, AND HE DID NOT FEEL THAT DECISION HAD TO BE MADE TODAY. INTERESTED CITIZEN WILLIAM KOOLAGE SUGGESTED THAT POSSIBLY THE BOARD SHOULD RECONSIDER THEIR ACTION. COMMISSIONER FLETCHER MADE A MOTION TO RECONSIDER THE BOARD'S PREVIOUS ACTION, BUT IT WAS POINTED OUT THAT SUCH A MOTION CANNOT BE MADE BY ONE WHO VOTED IN OPPOSITION TO THE BOARDS ACTION AND ALSO THAT A 4/5 VOTE IS NECESSARY TO APPROVE RECONSIDERATION. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD, TO RECONSIDER THE BOARDS PREVIOUS ACTION APPROVING THE _OGICAL REPORT. FURTHER DISCUSSION WAS HELD IN REGARD TO THE NEED TO TAKE ACTION TODAY-, AND COMMISSIONER FLETCHER WISHED TO KNOW WHAT ANOTHER FEW WEEKS WOULD MATTER AFTER SO MANY YEARS. COMMISSIONER WODTKE POINTED OUT THAT ANY DELAYS ARE NOW COSTING US 1% A MONTH OR ABOUT $10,000412,000, THE CHAIRMAN CALLED FOR THE (QUESTION ON THE MOTION TO RE- CONSIDER, AND IT WAS DEFEATED BY A 3-2 VOTE WITH COMMISSIONERS WODTKE AND BIRD VOTING IN OPPOSITION; A 4/5 VOTE OF APPROVAL BEING NECESSARY. MRS. ROBINSON STATED THAT, ALTHOUGH SHE HAD A LOT OF ADMIRATION FOR COMMISSIONER WODTKE, HE WAS OUT OF THE ROOM WHEN THE REPORT WAS READ, AND AS A CITIZEN, SHE OBJECTED TO HIS VOTING ON SOME- THING WHEN HE HADNfT EVEN READ IT. COMMISSIONER WODTKE REPLIED THAT, ALTHOUGH HE DID NOT READ THE LETTER ITSELF, HE HAD TALKED TO ADMINISTRATOR NELSON ABOUT IT AND HAD A GOOD IDEA OF IT. HE CONSIDERED IT SIMPLY PUTTING AN ADMINISTRA- TIVE REPORT IN THE RECORD AND NOT CHOOSING ONE ALTERNATIVE OR THE OTHER. HE NOTED THAT THE DER JUST WANTS US TO BE AWARE OF THEIR r REPORT, AND HE DID NOT BELIEVE IT IS UP TO US TO DETERMINE WHICH ALTERNATIVE SHOULD BE FOLLOWED, HE FURTHER STATED THAT HE DID BELIEVE IT IS IMPERATIVE THAT WE MOVE THIS PROJECT ON BECAUSE THE MORE WE DELAY IT, THE MORE COSTLY IT WILL BE. CHANGE ORDER #5O - ADMINISTRATION BUILDING THE CHAIRMAN ANNOUNCED THAT CHANGE ORDER #50 WILL BE WITHDRAWN FROM TODAY IS AGENDA, FINAL PLAT APPROVAL - COLONIAL HEIGHTS SUBDIVISION COUNTY ENGINEER DAVIS READ THE STAFF RECOMMENDATION AS FOLLOWS: TO: The Honorable Board of County DATE: July 8, 1981 FILE: Commissioners SUBJECT: Request for Final Plat Approval, Colonial Heights S/D - approximately 17.6 acres containing 28 lots located west of Dixie Highway south of 8th Street FROM:: Neil A. Nel�'_ REFERENCES: County Administrator Description and Conditions The Engineer of Record, Mr. Ed Schmucker, has requested final plat approval of the above subject subdivision. The Engineer of Record has certified that all improvements are in accordance with the approved prelominary plat drawings and the Subdivision Ordinance and that out- standing billings are current. Analysis and Alternatives On July 7, 1981, a final inspection was performed by the County Engineer at the site and the attached discrepancy items were noted. All items on the final inspection list have been completed except the following.: 1.) Due to present drought conditions burning of cleared material and seeding and mulching has not been performed. Once drought conditions subside, the developer has indicated that he will seed and mulch all swales and easements and burn the cleared material. The Forestry Division will not issue a burning permit until the dry conditions improve. The developer would like to post a cash maintenance bond with the County for this work. 2.) The street signs have not been installed, but are on order. Traffic control signs have been installed. The developer would like to submit a cash performenace bond for the materials and installation of the street signs to be refunded once they are installed. JUL 151991 47 m K 46 PAGE 869 J JUL 151981 EoaK 70 J Recommendations and Funding The staff recommends approval of the Final Plat of Colonial Heights Subdivison, subject to the posting of a maintenance/performance bond in the amount of $8,780.00 to cover the burning/removal of cleared material, seeding and germination of grass in Swale and easement areas, and the installation of traffic control signs. Recommendations and Funding (Continued) There are no funding considerations to be addressed by the Board for this item. ENGINEER DAVIS NOTED THAT ANOTHER ITEM HAS COME TO THEIR ATTENTION WHICH IS NOT .INCLUDED IN THE MEMO. IT IS CONCERNED WITH MONIES TO BE HELD IN ESCROW FOR ACCELERATION AND DECELERATION LANES ON 8TH STREET, THE NEED FOR SUCH LANES TO BE DETERMINED BY AN INDEPENDENT TRAFFIC ENGINEER. MR. DAVIS INFORMED THE BOARD THAT HE HAS BEEN IN CONTACT WITH THE DOT TO DETERMINE SOME CRITERIA TO ESTABLISH THE NEED FOR THESE LANES, AND SINCE THE DOT DID NOT FEEL RIVER SHORES WAS LARGE ENOUGH TO JUSTIFY A DECELERATION LANE, HE DID NOT BELIEVE THIS SUBDIVISION OF ONLY 28 LOTS WOULD QUALIFY. DISCUSSION CONTINUED AS TO THE SPECIFIC LOCATION OF SUCH LANES OR LANE, WHETHER EASTBOUND OR WESTBOUND, THE VISIBILITY, ETC., AND IT WAS GENERALLY FELT THAT THE ENTRANCE TO COLONIAL HEIGHTS WAS IN A BETTER POSITION THAN THAT OF COLONIAL TERRACE WHICH IS FURTHER WEST, ENGINEER DAVIS STATED THAT THE RECOMMENDATION FOR APPROVAL IS SUBJECT TO POSTING OF A MAINTENANCE AND PERFORMANCE BOND IN THE AMOUNT OF $8,780.00 TO COVER THE REMOVAL OF CLEARED MATERIAL, SEEDING AND GERMINATION OF GRASS IN SWALE AND EASEMENT AREAS; THE INSTALLATION OF TRAFFIC CONTROL SIGNS; AND ALSO, ON RECOMMENDATION OF THE ATTORNEY, A NOTE TO BE INCLUDED ON THE DEDICATION STATING THAT LOTS 14-20 ARE RESTRICTED TO ONE SINGLE FAMILY UNIT PER LOT. MOTION WAS MADE BY COMMISSIONER SCUP,LOCK, SECONDED BY COMMISSIONER FLETCHER, TO GRANT FINAL APPROVAL OF COLONIAL HEIGHTS SUBDIVISION SUBJECT TO THE RECOMMENDATIONS OF THE COUNTY ADMINISTRATOR AND COUNTY ATTORNEY AS STATED. COMMISSIONER WODTKE ASKED IF THERE IS GOING TO BE ANY TREES OR SHRUBBERY OF ANY KIND BETWEEN THE ROAD AND THE COLONIAL TERRACE AREA, AND FRANK ZORC STATED ALTHOUGH THERE IS NOTHING REQUIRED ON 48 ' THE PLAT, HE HAS DISCUSSED THIS WITH THE FOUR NEIGHBORS AFFECTED WHO ADJOIN THIS PROPERTY ON THE WEST, ARD THEY ARE TRYING TO MAKE UP THEIR MINDS WHETHER THEY WANT A HEDGE OR A WOODEN FENCE. HE WILL WORK WITH THEM ON THIS. THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. RESOLUTION 81-1a5 ADOPTING RATE INCREASE FOR HOBART LANDING LOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, TO ADOPT RESOLUTION 81—L15 GRANTING A RATE INCREASE FOR HOBART LANDING AS APPROVED AT THE MEETING OF .JULY 1, 1981, COMMISSIONER SCURLOCK STATED THAT HE HAD UNDERSTOOD THAT THE FINANCE OFFICER WAS GOING TO COME UP WITH SOME KIND OF SPECIFI': FORMULA TO GIVE THE COUNTY A MEANS OF EVALUATING AND ADJUSTING THE MONEY THAT SHOULD BE ESCROWED AND TO INCREASE IT�IF NECESSARY, BECAUSE IF IT TURNED OUT THAT A PLANT WAS NOT MAINTAINED PROPERLY DURING THE YEAR, AN AMOUNT SUCH AS $8,000 COULD END UP BEING INSIGNIFICANT. HE DID NOT FEEL THERE IS A BIG PROBLEM WITH THIS PARTICULAR FRANCHISE BUT THAT WE DO NEED TO GET SOME CONTROL OF THIS PROBLEM IN GENERAL. THE BOARD GENERALLY AGREED THAT THIS SYSTEM WAS NOT OF A MAGNITUDE TO BE A SIGNIFICANT PROBLEM, BUT IT WAS ALSO NOTED THAT IF THE $8,000 WERE TO BE DEPLETED, THERE WOULD BE NOTHING TO FALL BACK ON. ATTORNEY COLLINS FELT WE COULD CLARIFY THE RESOLUTION AND PUT THE BURDEN ON THE FRANCHISEE FOR MAINTENANCE. COMMISSIONER BIRD SUGGESTED THAT WE CONSIDER REWORDING THE PHRASE "IN THE EVENT THE FRANCHISEE FAILS TO MAKE NECESSARY REPAIRS OR REPLACEMENT AS WOULD BE'REQUIRED BY INDUSTRY PRACTICE OR CUSTOM" TO READ THAT IT WOULD BE "AS REQUIRED BY ANNUAL INSPECTION". THE BOARD AGREED THIS WAS A GOOD THOUGHT, ATTORNEY COLLINS RECOMMENDED THAT A PHRASE BE ADDED IN RESOLUTION 81-45, PARAGRAPH 2, AFTER THE WORD AVAILABLE, TO READ AS FOLLOWS: "2. HOBART LANDING SERVICES COMPANY AGREES TO IMMEDIATELY MAKE AVAILABLE, MAINTAIN AND REPLENISH IF DIMINISHED, THE SUM OF $8,000 TO BE PLACED IN AN INTEREST BEARING ACCOUNT BY THE COUNTY." P00K 46PAGE 8 11 JUL 151981 49 JUL 151981 COMMISSIONERS VIODTKE AND BIRD AMENDED THEIR MOTION TO INCLUDE THE WORDING AS RECOMMENDED BY THE ATTORNEY. THE CHAIRMAN CALLED FOR THE QUESTION TO ADOPT RESOLUTION 81-45 AS AMENDED; IT WAS VOTED ON AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. RESOLUTION NO. 81-45 WHEREAS, this Board heretofore did grant a water fran- chise to HOBART LANDING SERVICES COMPANY, on October 7, 1970, under Resolution No. 70-44, said franchise being known as the "Hobart Landing Services Company Water Franchise'; and WHEREAS, publication of a Notice of Public Hearing was duly made; and WHEREAS, this Board did on July 1, 1981 hold a public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN . COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the water franchise, being Resolution No. 70-44, previously issued to HOBART LANDING SERVICES COMPANY, shall include the following terms as either additions or amendments to Resolution No. 70-44 as the case may be: 1. The rate schedule shall be changed and amended to pro- vide for the following user rates: WATER RATE Residential First 3,000 gallons $6.00 per month -minimum i, All over 3,000 gallons $1.00 per 1,000 gallons 2. HOBART LANDING SERVICES COMPANY agrees to immediately make available, maintain and replenish if diminished, the sum of $8,000.00 to be placed in an interest bearing account by the County. Hobart Landing Services Company shall be entitled to all I interest accruing from such account, which interest shall be pay- able to Hobart on a monthly basis. The above funds shall be used as a sinking fund and applied only for repairs and/or re- placement by the County in the event Hobart fails to make neces- sary repairs or replacement as would be required by industry 'i practice or custom in operating a water franchise of this size i and kind. 3. HOBART LANDING SERVICES COMPANY agrees to cause to be paid to the County, as a future hookup charge into the County's master water system and as an impact fee, payment in the amount of $320..00 per lot which is sold by Hobart Brothers Company, an Ohio BOOK _ 0 PACE 873 JUL x.51991 ' JUL 1981, ROOK pF874 corporation, commencing after the date of this agreement. Such impact fee shall be due and payable to the County within 10 days after the closing of the sale of any lot and shall be held in the County Impact Escrow Account for the benefit of Indian River County. 4. The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own water supply and distribution system and supplies the same to individual customers. At that time, for value received and hereby acknowledged by Hobart, the owner will convey all of its water facilities (except for water plant, equipment and plant sites) and easements for location of the same as owners may own, free and clear of all liens or mortgages, to said County, without charge. BOARD OFOUNTY COMMISSIONERS OF INDIAN I ER COUNTY, FLORIDA. By airman Attest. 1 Clerk ACCEPTANCE The undersigned hereby accepts the foregoing Resolution and for itself, its successors and assigns, does hereby covenant and agree to comply with and abide by all of the items, conditions and provisions set forth in said franchise as amended. Dated this�day of ao(C" , 1981. HOBART LANDING SERVICES COMPANY By FW--d-Briggs, Dis ict Manager Effective: 7-1-81 Adopted: 7-15-81 STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared FRED BRIGGS, District Manager respectively of HOBART LANDING SERVICES COMPANY, an Ohio corporation, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this '`�`=qday of August, 1981. Notar PubliSt t f F1 d AL 151991 y c, a e o ori a s Large. My commission expires: i I Is C11 BOOK PAGE 8 1 5 JUL 5 1981' G : l6 PAGE 8°76 DISCUSSION REGARDING SUIT BY TREASURE COAST UTILITIES ATTORNEY COLLINS INFORMED THE BOARD THAT FLORIDA STATUTE 111 PROVIDES THAT IF COMMISSIONERS OR COUNTY AGENTS ARE INVOLVED IN CIVIL ACTION LITIGATION, THE COUNTY HAS THE BURDEN TO DEFEND THEM OR PAY ANY JUDGMENTS THAT RESULT FROM THAT SUIT. HE STATED THAT HE HAS PREPARED A RESOLUTION SETTING FORTH THE TERMS OF AUTHORITY IN THE STATUTES AND MAKING A RECORD OF THE FACT THAT THE COUNTY WILL HOLD EACH OF THOSE LISTED IN THE RESOLUTION HARMLESS FROM ANY COURT DECISION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-Ii6. RESOLUTION NO. 81-46 WHEREAS, on May 6, 1981, TREASURE COAST UTILITIES, INC. and D. TRAVIS SALTER filed Civil Action No. 81-8175 in the U. S. District Court for the Southern District against WILLARD W. SIEBERT, JR. ALMA LEE LOY, WILLIAM C. WODTKE, R. DON DEESON, PATRICK B. LYONS, A. GROVER FLETCHER, DON C. SCURLOCK, JR., DICK BIRD, ED SCHMUCKER, GEORGE G. COLLINS, JR. and THE COUNTY OF INDIAN RIVER, FLORIDA; and WHEREAS, pursuant to Florida Statutes 111.07, 111.071 and other appropriate authority, INDIAN RIVER COUNTY is authorized to provide a defense and to pay judgments or settlements on behalf of the above named persons who are named individually in the above styled litigation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, pursuant to the above cited authority, 1. INDIAN RIVER COUNTY shall provide legal defense on behalf of each of the above named defendants and pay the costs associated with such defense including appeals. 2. INDIAN RIVER COUNTY shall pay any judgments or settlements that may be obtained against the above named individual defendants including damages (all as alleged in the Complaint), costs and attorneys fees. 3. Indemnify and hold harmless each of the above named individuals from all damages, costs and attorneys fees arising from the above styled civil action. 4. This Resolution shall continue in full force and effect until the civil action is concluded and shall apply to both past and present officers or agents, whether or not they are at the present or continue to serve in their stated capacities. BOARD OF COUNTY COMMISSIONERS C E At t s t : reda Wright Clerk of Circuit Court Adopted: July 15, 1981 JUL 15 1981 BOOK4 PAU 877 7 J U L 15 198 ® j 878 ATTORNEY COLLINS GAVE THE BOARD AN UPDATE ON THE STATUS OF THE TREASURE COAST LITIGATION, EXPLAINING THAT THE COUNTY'S ATTORNEYS HAVE FILED A MOTION TO DISMISS ACCOMPANIED BY AN EXHAUSTIVE 57 PAGE MEMO HITTING ON ALL THE ISSUES THAT HAVE BEEN RAISED. IT IS NOW A BURDEN ON THE PLAINTIFF TO COME FORTH WITH AN ACCOUNTABILITY MEMO. ATTORNEY COLLINS STATED THAT HE IS IMPRESSED BY THE WORK BEING PUT OUT BY THE ATTORNEYS REPRESENTING THE COUNTY IPJ THIS -ACTION. HE FELT THAT IN AUGUST WE SHOULD TRY AND SET UP A MEETING WITH THE VARIOUS PARTIES AND ONCE THE POSITIONS HAVE BEEN ESTABLISHED, AT LEAST TRY AND TALK TO EACH OTHER. DISCUSSION REGARDING INCREASING ASSESSMENTS FOR CRIMINAL .JUSTICE TRAINING ATTORNEY COLLINS REPORTED THAT FOR THE LAST SEVEN OR EIGHT YEARS, THE CITY AND COUNTY HAVE HAD $1.00 FOR LOCAL AND $1.00 FOR STATE LAW ENFORCEMENT EDUCATIONAL PURPOSES TACKED ON TO EACH TRAFFIC AND CRIMINAL OFFENSE CITATION, AND IT WAS FELT THIS PROGRAM HAS BEEN VERY SUCCESSFUL. THE ATTORNEY NOTED THAT THEY NOW HAVE INCREASED THE AUTHORITY OF LOCAL GOVERNMENT TO ADD $2.00 FOR BOTH LOCAL AND -ATE LAW ENFORCEMENT EDUCATIONAL PURPOSES ON EACH OFFENSE. ATTORNEY 60 LLINS REPORTED THAT HE HAS HAD PERSONAL EXPERIENCE WITH THE OFFICERS TRAINING PROGRAM AND KNEW IT TO BE WORTHWHILE, AND HE WOULD RECOMMEND THAT ANIMPLEMENTING ORDINANCE BE ADVERTISED FOR PUBLIC HEARING. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING ON AN ORDINANCE TO IMPLEMENT AN INCREASE IN THE AMOUNT ASSESSED FOR THE LAW ENFORCEMENT EDUCATIONAL PROGRAM. COMMISSIONER BIRD NOTED THAT HE ATTENDED A SCHOOL BOARD MEETING AS CHAIRMAN OF THE PARKS AND RECREATION COMMITTEE WHERE THE RECOMMENDATION FOR ADDITIONAL PARKING AT THE 16TH STREET RECREA- TIONAL COMPLEX WAS DISCUSSED. THE SCHOOL BOARD RECEIVED THE PRESENTATION AND SAW A REVISED PLAN WHICH INCLUDES THE FOUR -LANE POSSIBILITY. HE CONTINUED THAT THEY DISCUSSED IT BUT TABLED FURTHER ACTION ON IT, AND THE INDICATION HE GOT WAS THAT THEY PROBABLY WOULD NOT BE IN FAVOR OF GOING A FULL 1/3 OF THE COST, OR $41,000, BUT MIGHT COME UP WITH SOME PORTION. THE CITY OF VERO BEACH HAS AGREED TO THEIR $41,000 IN THEIR BUDGET PROCESS. COMMISSIONER BIRD STATED THAT HE WOULD LIKE TO SEE THE COUNTY COMMISSION RE- ADDRESS THIS WHEN WE NEXT DISCUSS BUDGET MATTERS, AND IN THE MEANTIME, HOPEFULLY, WE WILL HAVE THE SCHOOL BOARD'S FINAL DECISION. APPLICATION FOR DUNE CROSS-OVER PERMIT - 70' STRIP APPLICATION FOR DUNE CROSS-OVER PERMIT FOR THE 70' COUNTY STRIP NORTH OF THE TRACKING STATION PROPERTY AND JUST SOUTH OF THE TOWN OF INDIAN RIVER SHORES IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF NOVEMBER 5, 1980, FLORIDA DEPARTMENT OF NATURAL RESOURCES Bureau of Beaches and Shores 3900 Commonwealth Blvd. Tallahassee, Florida 32303 (904)488-3180 AFFIDAVIT OF OWNER'S AUTHORIZATION State of Florida County of Indian_ River County I, Indian River Count, , am the owner of the property described below: (PrBvide legal description of property) The South seventy feet (70') o` Gc,vernr..ent Lot 1, Section 36,Township 31 South, Range 39 East, as measurer an the perpendicular to the South line or said property (which, is the South lire of said Government Lot 1) lying Easterly of the Easterly right- cf State Road A -1-A. I hereby authorize James W. Davis, P.E. to make application for a permit for construction or other activities seaward of the coastal construction control line or 50 -foot setback on the above-mentioned property. Signature of Propertv Owner William C. Wodtke, Jr. , vice ChaiYrm of the Board of County Commissioners Sworn to and subscribed before me this 20th day of July , 1981 ATTEST: /ry Freda Wright, Clerk v Notary Public U aa�;�r.f rJUIC S FC Or FIOAICA My commission expire $_"'` r;; 'i MIS<'(:'?' F=iIL'S h:'3. JIt U 11j"j iN.R * L i "4 . I Vi�rR'.' r e "-:5 BOOK 46 PAGE 879 DNR Form 32602 (16) 111/80) File No. JUL 151991 57 LIEN FOR DEMOLITION OF HAZARDOUS STRUCTURE LIEN AGAINST VIOLA YOUNG FOR REMOVAL OF HAZARDOUS STRUCTURE ON HER PROPERTY IS HEREBY MADE A PART OF THE MINUTES AS AUTHORIZED AT THE MEETING OF MARCH 5, 1980. s� Z81M THIS LIEN, filed the I, I 16 th ?,_;�. o f Jul 1981, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of Chapter 65-1712, House Bill leo. 638, Laws of Florida, for the cost incurred ..by the Board of County Commissioners of Indian River County, to remove a nuisance structure from property located within Indian River County, and describea as follows: Lot 3, Block 6, Spruce Park Subdivision, according to Plat thereof recorded in Plat Book 1, page 80, of the Public Records of Indian River County, Florida. The name of the record owner of the above described property: VIOLA YOUNG, her heirs and assigns THIS LIEN is filed to secure the payment of ONE THOUSAND FOUR HUNDRED NINETY-EIGHT AND 64/100 DOLLARS ($1,498.64), agains the owner by the undersigned, for the costs of demolition and removal against the real property. THIS LIEN shall, from the date of filing, accrue interest :at the 'rate of six percent (6%) uer annum, until the total amount, including interest, has been paid. atrick B. Lys s, Chairman ' l ! Board of Coun y C mmissioners of Indian River�.Isbunty, Florida Attest Clerk I'�a'�• %-.rt9 f♦♦thd., C L,rcuit Court ft;B4W,%41 personally appeared PATRICK B. LYONS, as Chairman, Board of County Commissioners of Indian River County, Jeanne Hine, Depuk'y Clerk on behalf of Florida, and /FREDA WRIGHT, as Clerk of. the Circuit Court, to me well known and known to me to be the persons described in and who executed the foregoincj instrument and they acknowledged before me thea• executed same. WITNESS my hand and official seal this day of 1981. Notary P ic, State= at Large. My Commis_ ijn eacpiwres e ••'U'LiC JUL 151981iR;10. ' �''i,4 r J I r JUL 15 1981 CHANGE ORDERS THE FOLLOWING CHANGE ORDERS SIGNED BY ADMINISTRATOR NELSON PER COMMISSION AUTHORIZATION OF AUGUST 11, 1979, ARE HEREBY MADE A PART OF THE MINUTES: COURTHOUSE: N0. 24 CHANGE ORDER AIA DOCUMENT G701 OWNER 45 Li ARCHITECT No. ❑ CONTRACTOR 52 ❑ FIELD ❑ OTHER The PROJECT: Indian River County (name, address) Courthouse Bldg, TO (Contractor) ADMINISTRATION BUILDING: NO. 45 No. 46 No. 47 No. 52 No. 53 No. 54 CHANGE ORDER NUMBER: 24 7ARCHITECT'S PROJECT NO: 9364 Reinhold Construction Inc. CONTRACT FORAdditions & Renovations P. o. Box 666 Cocoa, FL 32922 L_ CONTRACT DATE: 4/2/80 You are directed to make the following changes in this Contract: CP -45 Provide latch sets (no key, pushbutton)' for doors $369.68 229, 230, and 247 at the request of the owner. The proposed changes in the work may result In additional time required beyond the contract completion date. Additional time will be added to the contract that is directly related to this change order. The contractot will be paid for the additional required days at the tate of$300.00 (three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached documents. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . S 689,000.03 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 153, 143.60 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 842,143.60 The Contract Sum will be 1increased)Xkl1(atBlA*dXMlXYrVd) by this Change.Order. . . . S 369.68 The new Contract Sum including this Change Order will be . . . . . . . . . . . S 842,513.28 The Contract Time will be (increased) (decreased) (unchanged) by (- - - ) Days. The Date of Completion as of the date of this Change Order therefore is r_QNNELL METCALF & EDDY Iff 6o. Olxle Hlg`tway Address les. FL 331 DATE UW', REINHOLD CONSTRUCTION INC Address Cocoa, FL 32922 DATE 60 INDIAN RIVER COUNTY Z rkjR 14th Avenue Address Vero Beach, FL 32960 DATE l n -- L M, OWNER CHANGE ARCHITECT ORDERFo D RACTOR ®? OTHER ,AIA DOCUMENT G PROJECT: Indian River County CHANGE ORDER NUMBER:45 (name, address) Administration Building _ TO (Contractor) --� ARCHITECT'S PROJECT NO:9363 . Reinhold Construction Inc. CONTRACT FORAdditions and Renovations p.o.Box 666 Cocoa, FL 32922 . L CONTRACT DATE:4-2-80 you are directed to make the following changes in this Contract: Provide adiition3l soffit work as described in Reinhold letter of 3/10/81 and CO -20 in Rooms N130 and N157 -At owners request. Cp-65 In the East wing south provide a door and frame, with "C" label fire ratiog, for door S181 in the existing opening. The existing opening measurements to be taken by the contractor in the field and verified with the owner and the architect for sizing of the door. At owners request, Total $415.6) $940.22 $1,35592 Tbe proposed changes in the irkresulin additionaldditional ( time requ i red .beyond, the contract completionte me will be added to the contract .that is directly related to this change order. The contractot will be paid for the additional required -days at the rate of$300.00.(three hundred) per day for fixed overhead costs. The number of days requested are not reflected In the attached documents. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . S 2,748,000.00 ; Net change by previous Change Orders . . . . . . . . . . . . . . . . . S 285,361.44 . The Contract Sum prior to this Change Order was . . . . • . • • • . . . • . , 35 $ 3,033,361.44 . The Contract Sum will be (increased) Abd► :KK 0by this Change Order . . . � 3 03 11 , 717.82 The new Contract Sum including this Change Order will be . . . .. • - • - (_ Oays. 26 The Contract Time will be (increased) (decmased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is CONNELL METCALF b EDDY REINHOLD CONSTRUCTION INC. ARCHITECT CO'NTRACTO Tenn c_ n Lwl-p � t ghwa * P— n Rnw A; Address Address rnrit) Cables. FL 33134 Cocoa, FL 32922 BY.�C� DATE YY//JJv' ®Y ` , I - DATE C �, INDIAN RIVER COUNTY WO R 144h Ave Addm% Vero Beach, �'. FL 329-60 ttY i� - t �&� DATE ( r) — ), 0 — AIA DC>CV AtNT CM • CHANCA 04*12 • APRIL 99i'PO EDITION • AIA® • 0 19" THE ONE PAGE AMERICAN INSTITUTE CN ARCHITECTS, 17:S tr1W YOU AV[, MV, WASHINCTON. D.0 30,06 i EOOK46 PAVE p'8 JUL 151981 61 r � BOOK 6,WERS . OWNER ❑ "HANGS ARCHITECT ❑ 3RDER CONTRACTOR [j FIELD ,IA DOCUMENT 0701 OTHER ROJECT: Indian River County CHANGE ORDER NUMBER: 46 iame.address) Administration Building 0 (Contractor) Reinhold Construction Inc. P.o.Box 666 Cocoa, FL 32922 ARCHITECT'S PROJECT NO:9363 CONTRACT FORAdd i t ions and Renovations L 1 CONTRACT DATE:4-2-80 w are directed to make the following changes in this Contract: CP -82 Provide magnetic door holders for door .S201 and the necessary $1,214.87 electrical supply for the holders to funstion.At owners request. 2 he proposed changes in the w.)rk may result In additional time equired beyond the contract completion date. Additional time iii be added to the contract that Is directly related to this change rder.-•The contractot will be paid for the additional required days t the rate of$300.00.(three hundred) per day for fixed overhead osts. The number of days requested are not reflected In the attached acuments. e original Contract Sunt was . . . . . . . . . . . . . . . . . . . . . % 2 , 748 , 000.00 A chang a ..,v previous Change Orders . . . . . . . . . . . . . . . . . . $ 286,717.26 e Contrac Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 3,034,717.26 e Contract Sum• will be (increased) =W&W&*kX*ydWby this Change Order. . .$ 1,214.87 r new Contract Sum including this Change Order will be . . . . . . . . . . . $ 3,035,932.13 e Contract Ttime will be (increased) (decreased) (unchanged) icy (- - -) gays. e Date of Completion as of the date of this Change Order therefore is JNNELL METCALF & EDDY CHITECi 320 Sam ntx1e Highwxay dress gyral REINHOLD CONSTRUCTION INC. CONTRACTO6 Vin nX65 Address Cocoa. FL 32922 DATE DOCUMENT GnI - CHANGE ORDER - AMIL 11'70 EDITION - AIA8 - ® 1970 - THE LRICAN INSTITUTE OF ARCHITECTS, 17is NEW yMK AVE., NW. WASHINGTON, D.C- 230% r INDIAN RIVER COUNTY owMsER 14th Ave Address Vero Beach, Irl 329GO By ONE FACE �i�� OWNER �a oP�iNG ARCHITECT ORDER FIELD FIELD ❑ AIA DOCUMENT 0701 OTHER PROJECT: Indian River County CHANGE ORDER NUMBER: 47 (name, address) Administration a u 11 d i ng TO (Contractor) ARCHITECT'S PROJECT NO:9363 r Reinhold Construction Inc. CONTRACT FORAddit(ons and Renovations P,A.Box 666 Cocoa, FL 32922 L J CONTRACT DATE: 4-2-80 You are directed to make the following changes in this Contract: CP -86 At the request of the owner provide electrical power to magnetic $2,139.32 holders for Corredor doors S140, S153, & S168. The proposed changes In the work may result in additional time required beyond the contract completion date. Additional time will be added to the contract that Is directly related to this. change order. The contractot will be palid for the additional required days at the rate of$300.00.(three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached documents. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 2 , 748 , 000.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 287,932.13 . The Contract Sum prior to this Change Order was . . . . . . . . . . . . S 3,035,932.13 The Contract Sum will be (increased) CAMS14S tMW4by this Change Order . . . $ 2,139.32 The new Contract Sum including this Change Order will be . . ... . . . . . . . S 3,038,071.45 i he Contract Time will be (increased) (decreased) (unchanged) by ( I Days. The Date of Completion as of the date of this Change Order therefore is CONNELL METCALF b EDDY ARCHITECT 132n Sa tt1vle HlChway. 4ddress J REINHOLD CONSTRUCTION INC. CONTRACTOR P n Rox 666 Address - Cocoa, FL 32922 By DATE , INDIAN RIVER COUNTY QNVN 21458 14th Ave Address , Vero Reach, FL 32960 sY� DATE L d T - UA DOCUMENT GM ° CHANGE MDR • APRIL 7470 EDITION - AIA® 1970 - THE ONE PACE NAALRICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C- MM r • F BOOK46PACE- JUL 15 198, 63 UL 15199` 6 PA � 5. CHANGE'. OWNER. j] ARCHITECT [] ORDER CONTRACTOR FIELD ' AIA DOCUMENT 0701 OTHER PROJECT:*Indian River County CHANGE ORDER NUMBER:52 (name, address) Administration Building . TO (Contractor) ARCHITECT'S PROJECT NO:9363 • - Reinhold Construction Inc. CONTRACT €ORAddltlons and Renovations - P.O.Box 666 Cocoa, FL 32922 �• CONTRACT DATE: 4 -2 -Bo You are directed to make the following changes in this Contract: item #1 Provide for new door W129, as existing.hardware is not $1,302.63 suitable. At the oa:itrs.request to meet unforeseen. conditions. Jnr! proposed changes in the uric may result in additional time ::.Fred -beyond the -contract completion date. Additional time wi)r be•added to the contract that i.s directly related to this change order. --The contractot •wi l 1 be paid for the -additional -required slays at the .rate off$300.00-(three hundred) per day for fixed overhead . costs. The nuMber of days requested are not reflected in the attached documents. The original. Corttract Sura Was . ' . _ S 2 , 748 , 000.00 fMet change by previous Change Orders* . . . . ..S • 309,279.71 The Contract Sum prior to this Change Order was. ... ' . _ . . . . . . 3,057,279-71 The Contract Sum Wiii be (increased) (d&f1(AMUMkM9dAy this Change Order. . S 1,302.63 The new Contract Sum including this Change Order will be S 3,058,582.34 The Contract Time Will be (increased) (decreased) (unchanged) by ( - -) Days. The Date of Compietion as of the date of this Change Order therefore is CONNELL METCALF t EDDY REINNOLD CONSTRUCTION INC. INDIAN RIVER COUNTY ARCHITECT COM•RACTO OWNER __132n scl' n 1 M t e u�hwav R Q x ��5 14S 14th Ave Address Address Address ora abI es.4 Cocoa, EL 32922 Vero Beach FL 32960 Y ► 2V ATE 7� 8� • DATE �— / G• _ J17 DATE, AIA DOCUMINT CM fl CHANGE ORDER • APRIL 1870 EDITION • AIA® • C IM ° THE ONE PAGE AMIRICAN INSTITU71 Of ARCHITECTS. 1735 NEW YORK AVE, "W. WASHINCTON. D.C. A - M. M CHANCE WNER AO CHITE& i { ORDER CONTRACTOR FIELD 13 aGT07 OTHER AIA DDCUAAENY PROJECT: Indian River County CHANGE ORDER NUMBER: 53 dname.address) Administration Building TO (Contractor) FARCHITECT'S PROJECT NO.9363 teinhold Construction inc. CONTRACT FORAddttions and Renovations • p.0 Box 666 Cocoa, FL 32922 •L J CONTRACT DATE: 4-2-80 You are directed to snake the following changes in this Contract: CP -89 • Provide 2 X 4.d15208na cel l Ing o,vnersthe hallw�.y between $215.43 rooms S207 an panic $1,253.35 CP -92 'Provide the neeessa ry harda3re, including p hardware for door W159 at the owners request. CP -96 Replace door S156 with "A".label doors and frame. Provide necessary hardware. Show credit for%*.>oj $363.60 doors in schedule, at the request of the owner to. correct unforeseen condition. Total- —P 1,832.3 The proposed changes In the tnrlc awy result in additional time required beyond the contract completion date. Additional time will be'added to the contract Yhat 1s directly related to this change order: -The contractor• will be paid for the additional required days at the rate of$300.00 .(three hundred) per day for fixed overhead costs. The slumber of days requested are not reflected in the attached documents. -The original Contract Sum WAS . ... . ' . . . . . . . . . . . S 2,748,000.00.24 , 71+8 , 000.00 wet change by previous Change Order; . . . . . ... . . . . . . . . $ 310,582. 24 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . S 3,058,582.24 The Contract Sum will be (increased)X4Uer RXl h Xby this Change ®rder . . S 1 832.35 The new Contratt Sum Including this Change Order will be .. S 3,060:414.6 2 . `The Contract Time will be (increased) (decreased) (unchanged) by (- - - ) Days. The Date of Completion as of the date of this Change Order therefore Is • REINHOLD CONSTRUCTION INC. CONNELL METCALF t EDDY ARCHITECT E01mle H ghway • Address CO0NTR x o4r, • Address Cocoa FL 32922 13Y r� � DATE ' ';7 % l INDIAN RIVER COUNTY OWfIt ,2, VS .14th Aye - Address Vero Beach. FL _32960 ey -_'Sk� DATE I-^ -AIA DOCUIN[NT CF09'• CHO= OADER • APRIL 9170 EDITION a AIA® • ® 9570 • 'THE ONE PAG[ AMERICAN INSTITUTE of ARCHITECTS, Ills NtW V021C AVE., NW, WASHINGTON. D.C- 20006 JUL 151981 U: Pic 87 AUL 15 1981 CA1NGE ' AOWNER CHITECT ORDER CONTRACTOR FIELD EJAIA DOCUMENT 0701 OTHER PROJECT: Indian River County CHANGE ORDER NUMBER:54 (narne,address) Administration Building TO (Contractor) . T-- ARCHITECT'S PROJECT N0:9363 Reinhold Constructlon Inc. CONTRACT FORAdditions and Renovations P.O.Box 666. Cocoa, PL 32922 "T DATE: L J CONTRAC You are directed to snake the following changes in this Contract: CP -91 Replace doors 5125 and'S126 with 3' X•7' "B" label door aid $1,663.38 frame, aay hardware not covered previously by the hardware schedule should be•included. Swing as shown on the drawings. At the owners request. The proposed changes in the wDrk may result in additional time required beyond the contract completion date. Additional time will be added to the contract that Is directly related to this change order. --The eontraactof will be paid for the additional required Mays at the rate of$300.00 .(three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached documents. -The original Contract Sum was . . ' . . . . . . . . . . . . . . . . S 2,749,003.00 . Net change by previous Change Orders . . . . . . . $ 312,414.62 The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . 3 3,050,414. 2 . Tim Contract Sum will be (increased) i ? s1S tZdi by this Change Order. . . S 1,663.38 Contrict Sum including this Change Order'Will be . . . . : to 3,062,078-00 I to Contract Time will be (increased) (decreased) {unchanged) by (_ _ _) Days. The Date of Completion as of the date of this Change Order therefore Is CONNELL METCALF t EDDY , REiNHOLD CONSTRUCTION INC. INDIAN RIVER COUNTY .ARCHITECTCOPITRACTO ow ER _1320 ntx?.a HIgbida%r P— Rnw ��iri S 14th �iVe Address Address •. Addms VeruBeach, �L 32960 Coral a s 4 Cocoa. -FL 32922 / n my- DATE Y DATE DATE DATE ' 1 • — -I NG • 'AIA DOCUMINT GM • CHA{ ORDER • Ana im Eon iow • AiA9 • ® IM - THE ONE CAGE AAAERiCAN iH.TITUTE Of ACCHiTECTs.1735 NIw YORK AVE., Pavy, wASHINMON, DX- 2 ADMINISTRATORS AUTHORIZATION TO SIGN -30T PERMITS RESOLUTION 81-43 AUTHORIZING THE ADMINISTRATOR TO SIGN PERMITS WITH THE DEPARTMENT OF TRANSPORTATION IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING, OF .JUNE 17, 1981, P.OGK 6 PACF 889 JUL 151991 67 JUL 151981 Bch46 P U6 RESOLUTION NO. 81-43 WHEREAS, the DEPARTMENT OF TRANSPORTATION of the State of Florida requests the County Administrator's authority within Indian River County to sign certain right-of-way permits, and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY finds it necessary and in the public interest for the County Administrator to sign necessary permits for the DEPART- MENT OF TRANSPORTATION without further authority, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the County Administrator is authorized to sign permits with the DEPARTMENT OF TRANSPORTATION pertaining to use of right-of-way, insUL11ati:on of culverts, running of water lines or sewer lines; BE IT FURTHER RESOLVED that the County Administrator shall sign such permits without further authority of the Board, it being the intent of the Board of County Commissioners that routine permits be handled and executed by the County Administrator. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA R Attest: Ffeda Wright V Clerk of Circuit Court Adopted: June 17, 1981 THE FOLLOWING CHANGE ORDERS SIGNED BY ADMINISTRATOR NELSON PER COMMISSION AUTHORIZATION OF AUGUST 11, 1979, ARE HEREBY MADE A PART OF THE MINUTES: COURTHOUSE: N0. 25 ADMINISTRATION BUILDING: N0, 55 No, 56 RQO�b PAGE8. JUL 151981 69 r Fr'- JUL 15 R .ice• 'F: .2 r• :j 1': t s' ' ='l:: �•2i: .2 !s •r CHANGE - OWNER ARCHIT(CT ORDER CONTRACTOR H •11:1 DOC�Ua1(NI 6701 FIELD ❑ OTHER PROJECT: Indian River County C(iAN(-,E ORDER NUMBER: 25 (name. address) Cburthouse Bldg, 10 iCortractor) 1 _ i` ARCHITECT'S PROJECT NO: 9364 Reinhold Construction Inc. CONTRACT FORAdditions & Renovations P.0•Box 666 Cocoa, FL 32922 L CONTRACT. DATE: 4/2/80 You are directed to make the following changes in this Contract: CP -48 Provide a new exit light to interior double door in existing $369.51 courtroom at the request of the owner. The proposed changes in the work may result in additional time required beyond the contract completion date. Additional time will be added to the contract that is directly related to this change order. The contractot will be paid for the additional required days at the rate ofS300.00 (three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached documents. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . 5 689,000.00 ti change by previous Change Orders . . . . . . . . . . . . . $ 153,513.28 Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 842,513.28 ontract Sum will be (increased) YMyAWXXMMKM by this Change Order $ 369.51 )VIA, Contract Sum including this Change Order will be . . . . . $ 842,882-79 •-ontract Time will be (increased) (decreased) (unchanged) by ( - -) Da��. The Date of Completion as of the date of this Change Order therefore is CMELL -METCALF-1 -EDQY____.—. APrr TE T 132 Eo` Dixie H igtiway Add•ess Coral -Ga les, FL 33134 BY DATE 7 REINHOLD CONSTRUCTION INC INDIAN_ RIVER COUNTY C� `Ri�x x656 - - --- 9'%�'+R 14 tt, Avenue ----- Address-------- --�--Address— ---- ---- Cocoa, FL 32922 Vero Beach, FL32960 BY BY DATE i ' DATE D — ! t AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA'S • 0 1970 - THE ONE PAGE l.iERICAN 1'.STITUTE OF ARCHITECTS, 1715 NEW YORK AVE., NSV, WASHINGTON, D C. 20006 :p: :i: :iC::�T:Nli�:i: •1j. IR CHANGE ARC61T g ARCF(TI CT ORDER CONTRACTOR FIELD ❑ AAA DOCL/RlENT G701 OTHER PROJECT: Indian River County CHANGE ORDER NUNIMR: 55 (name. address) County Administration Bldg. TO (Contractor) ARCHITECT'S PROTECT NO: 963 Reinhold Construction Inc. CONTRACT FOR Additions and Renovations P.O.Box 666 Cocoa, FL 32922 L CONTRACT DATE: 4/2/80 You are directed to make the following changes in this Contract Additional work (CO -20) for ceiling soffits -S106 $245.63 CP -102 Provide power to condenser water pump (P-6),new location. $653.67 CP -104 Provide existing door to fit (210'') opening at entry lobby,(door $523.12 from existing storage materials) and necessary hardware. CP -106 Provide a starter 3/4HP motor for existing AHU #4 located $709.98 in the second floor equipment room in the east wing south, Replace smoke detec-tor. Total $T,-13240 The above requested by the owner to resolve problems in the field that were unforeseen. The proposed changes in the work may result in additional time required beyond the contract completion date. Additional time wlll be added to the contract that is directly related to this change order. The contractot will be paid for the additional required days at the rate ofS300.00 (three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached documents. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 2 , 748 , 000.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . . . $ 314,078.00 The Contract Sum prior to this Change Order was . . . . . . . . . . S 3,o62,078-00 The Contract Sum will be (increased)74ie'�(a4` X?diX'�(+16Xt14 by this Change Order S 2,132.40 The new Contract Sum including this Change Order will be $ 3.064,210.40 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 & EDDY REINHOLD CONSTRUCTION INC, INDIAN RIVER COUNTY lWylEo, Dixie Highway CQQN77.O,Boxfix %66 _ P °}1v � 14th Ave Address Coral Gables, FL 33134 Address Cocoa, F1 32922 Address , Vero Beach, -FL / _32960 ey_"��"f Z.X-:p Ir -1 BY /J v DATE DATE DATE AIA DOCUMENT G701 - CHANGE ORDER - APRIL 1970 EDITION - Arne?±: - 0 1970 • THE ONE PACE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW. WASHINGTON, D.C. 20)06 8009 PACE 71 .yet: •3 .S t- S� `lam, :t. :1 V ••try•/♦J•�/� riot' AGE OWNER C1 ARCHITICT ®BOER CONTRACTOR FIELD [j v•1i n0CU,%11,,17 G701 OTHER I'Ri,t]ECT: Indian River County_ CHANGE ORDER NUMBER 56 (name address) County Administration Bldg. 10 (Contractor) ARCHITECTS PROJECT No. 9363 Reinhold Construction Inc. P•0•Box 666 CONTRACT FOR Additions and Renovations Cocoa, FL 32922 L CONTRACT DATF 4/2/80 You are directed to make the follo%ving changes in this Contract - CP -98 Provide a new opening in the south wall of room S148 per $1,443.48 attached documents and sketch. Item ;-2,at the owners request. CP -99 Provide conduit from nearest telephone room to a point indicated 5943.64 by elevator co, to be used to provide a telephone connected to Sherrifs department switchboard in each elevator ( telephone by telephone co• and owner).At the owners request. _ Total $2't392.12 The proposed changes in the rwDrk may result in additional time required beyond the contract completion date. Additional time: will be added to the contract that is directly related to this change order. The contractot will be paid for the additional required days at the rate ofS300.00 (three hundred) per day for fixed overhead costs. The number of days requested are not reflected in the attached doeume:,ts. The original Contract Sum was . . . . . . . . . , . . S 2 .748 , 000.00 ange by previous Change Orders . . . . . . . . . . . . . . . $ 316 , 2 10.40 :tact Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 3,064,210.40 tract Sum will be (increased) by this Change Order $ 2,392.12 Contract Sum including this Change Order will be . . . . . . . . $ 3,o66,602.52 T"e Contract Time Kill be (increased) (decreased) (unchanged) by (- - - ) Dais. The Date of Completion as of the date of this Change Order therefore Is CONNELL METCALF & EDDY ItZ(TIjT-.- Dixie Highway Address Coral Gables, FL 33134 c. / TATE % REINHOLDF� CONSTRUCTION INC. CQNI Box b66 Address Cocoa, F1 32922 BY DATE AIA DOCUMENT 0701 • CHANGE ORDER • APRIL 1970 EDITION • AIAjr • C 197C • THE A41E,,ICAN IN571TUTE Of ARCHITECTS, 1735 NEW YORK AVE , NW, wASHINCTOV, D C. 200% 72 INDIAN RIVER COUNTY 9�N, 14th Ave _ Addre%s Vero Beach, FL 329+60 DATE [ �� b O*,E PACE 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 POS. 71261 — 71454 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 4:15 O'CLOCK P.M. ATTEST: CLERK JUL 151991 73 goo