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HomeMy WebLinkAbout9/16/1981WEDNESDAY, SEPTEMBER 16, 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, SEPTEMBER 16, 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, SJR., 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. ADMINISTRATOR NELSON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND DR. JULIUS RICE, COMMUNITY UNITED CHURCH OF CHRIST, GAVE THE INVOCATION. ADDITIONS TO THE AGENDA THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE AGENDA. FINANCE DIRECTOR BARTON REQUESTED ADDING AN ITEM REGARDING FEDERAL REVENUE SHARING. ATTORNEY COLLINS REQUESTED ADDING AN ITEM REGARDING A RESOLUTION FOR FMHA CONCERNING THE TAKE—OUT LETTER FOR THE SOUTH COUNTY WATER SYSTEM. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE ADDITIONS TO THE AGENDA. ralavalmy.1twilm THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 19, 1981. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF AUGUST 19, 1981, AS WRITTEN. SEP 161981 BOOK 7 PAGe 468 r5 E P 16 1981 on l ,00 69p►0 Boog 47 PAGE 469 COMMISSIONER FLETCHER REQUESTED THAT ITEMS A AND B, APPROVING BUDGET AMENDMENTS, BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL, CIRCUIT COURT, SPRING TERM, 19811 IN THE AMOUNTS OF $72.69 AND $47.05. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED BUDGET ACCOUNT AMENDMENT #3 AS REQUESTED BY THE SHERIFFS DEPARTMENT. 1 fel Indian River _ Sheriff's Department Indian River Board of County Commissioners BUDGET ACCOUNT AMENDMENT COUNTY No.: 3 FY: 1980-81 COUNTY 1 hereby request approval for the amendment of the Sheriff's Budget Accounts 411 SALARY OF SHERIFF 412 SALARIES OF DEPUTIES AND ASSISTANTS 42 MATCHING FUNDS, SOCIAL SECURITY, RETIREMENT, & OTHER BENEFITS 43/4 EXPENSES OTHER THAN SALARIES 45 EQUIPMENT 46 INVESTIGATIONS 47 CONTINGENCIES Original Budget or Last Amended FY 1980-81 $ 29,920.00 1,502,837.00 294,787.00 668,116.00 141,820.00 8,000.00 4a -0- TOTAL BUDGET $ 2,645,480.00 DATE REQUESTED September 9, 1981 Amendments Requested $ + 500.00 -27,800.00 - 6,670.00 +33,970.00 -0- as set forth below: -She-if Chief FORM 76-7.4 uty. ac Budget Including Amend- �. ments Requested $ 30,420.00 1,475,037.00 288,117.00 702,086.00 141,820.00 8,000.00 -0- $ 2,645,480. 00 ®7 T&*tacknowled a r1-1 ec ipt by the Board of County Commissioners. Thij( is! SEP 16 1981 Boox 47 71 THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: DEPORT OF CONVICTIONS, MONTH OF AUGUST, 1981 TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, MONTH OF AUGUST, 1981, $35,878.44 TRAFFIC VIOLATION FINES BY !NAME, AUGUST, 1981 ITEM A - BUDGET AMENDMENT RE COMPREHENSIVE PLAN COMMISSIONER FLETCHER ASKED FOR CLARIFICATION ABOUT THE BUDGET AMENDMENT. DISCUSSION FOLLOWED,AND IT WAS POINTED OUT THAT THIS WAS ONLY PART OF THE TOTAL COST OF THE LAND USE PLAN. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT AUTHORIZING THE EXPENDURE FOR THE DEVELOPMENT OF THE COMPREHENSIVE PLAN AND ORDINANCE FOR IMPLEMENTATION, AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO. INCREASE OTHER CONTRACTURAL SERVICES BCC CONTINGENCIES 004-205-515-33.49 004-199-513-99.91 $35,000 ITEM B - BUDGET AMENDMENT RE COMRREHENS'IVE PLANNING GRANT MR= $35,000 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT REGARDING THE COMPREHENSIVE PLANNING GRANT, AS FOLLOWS: Re: Bvdnet for Ccarprehensive Planning Grant On the 17th of December, 1980, a contract was entered into between the State of Florida, Department of Ccimmuiity Affairs, and Indian River County. A budget should be adopted for the receipt of funds from the Department of Corm= --y Affairs and for the cash match to be provided by the Board and the expenditures that will be made. I reccrriend that the .following budget be adopti �: Fond 106 Crz prehensive Planning Grant Estil-nated Receipts Account Title Account No. -Increase Decrease Other Physical Envi.rcnent 106-000-334-39.00 20, 000 Transfers 106-000-381-20.00 4,500 Appropriations: Other Prof Services 106-205-515-33.19 24,500 I also recoimiend that the following budget transer be made: Fund Transfers 001-199-581-99.21 4,500 B.C.C. Contingencies 001-199-513-99.91 4,500 ITEM F - GENERAL REVENUE SHARING. FINANCE DIRECTOR BARTON SPOKE OF THE CHAIRMAN BEING AUTHORIZED TO SIGN THE STATEMENT OF ASSURANCES REGARDING ENTITLEMENT 13 OF THE GENERAL REVENUE SHARING, ON POTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE SIGNATURE OF THE CHAIRMAN ON THE STATEMENT OF ASSURANCES REGARDING ENTITLEMENT 13 OF THE GENERAL REVENUE SHARING, SEP 16 1981 Ra�� 47 2 5 SEP 16 1981 CAPY': original copy - sertd to n1lce of revenue 47 PACE473 GENERAL REVE:NIIE 11 SHARING ENTITLEMEINT PERIOD 13 (DrTOEER 1. :9'1 - S_PTEMRER 30, 1962 T. A11'E M N T 0 F A te° R A NCES 10 1 031 031 INDIAN RIVER COUNTY COUNTY CLERK INDIAN RIVER COUNTY VERO BEACH FLORIDA The recipient government assures that it will: 13 329601 (1) Establish a trust fund and deposit all revenue sharing funds received in that trust fund, according to regulations prescribed by the Office of Revenue Sharing. (2) Use revenue sharing funds within a reasonable time (tvtio Years from the end of each entitlement period) according to regulations prescribed by the Office of Revenue Sharing. (3) Not use entitlement funds for lobbying purposes. (4) Provide for the expenditure of revenue sharing funds in accordance with the laws and procedures applicable to the expenditure of its own revenues. (5) Use fiscal accounting and audit procedures as specified by the Office of Revenue Sharing; provide access to and the right to examine books, documents, papers or records for purposes of reviewing compliance with this Act; and make such reports as the Director may require. (6) Comply with the prevailing wage provisions of the Davis -Bacon Act on any construction project costing in excess of $2,000 when 25 percent or more of the costs of such project are paid with revenue sharing funds. (7) Pay individuals employed in jobs financed in whole or in part with revenue sharing funds not less than the prevaiiing rates of pay for Persons employed by it in similar public occupations. This provision does not a pplly o an employee or employees in any program category who are being paid in whole or in part with general revenue sharing funds unless 25 percent or more of the total wages paid to all employees in that category are paid from revenue sharing funds. (8) Not exclude from participation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the U.S. on the grounds of race, color, national origin, or sex. Not discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided m Section 501 of the Rehabilitation Act of 1973, or religion except that anv exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964, or Title VII of the Act of April 11, 1968, shall also apply. (9) In the event a Federal or State court or Federal administrative law juggge makes a holding against the recipient government, as defined in Section 51.67 of the regulations, provide a copy of the holding to the Director of the Office of Revenue Sharing within 10 days of receipt of such a holding by the rpcipient government I assure the Director of the Office of Revenue Sharing that this government will comply with the mandatory requirements of the State and Local Fiscal Assistance Act of 1972 as amended and the regulations, with respect to payment received under the Act. I further assure the Director of the Office of Revenue Sharing that this government will comply, when applicable, with the public hearing and public participation requirements and the accounting, auditing, and fiscal procedures requirements of the Act. 1 understand that the acceptance of this form by the Director of the Office of Revenue Sharing does not prevent the Director from holding a recipient government responsible for noncompliance with the Act and the regulations. i 305 J 569-1940 AREA CODE TELEPHONE NUMBER Patrick B. Lyon Chairman, Board of County Connissioners 9-16-81 NAME AND T11LE (PLEASE PRINT) DATE ORS -G`_ 3 J . 5978 Li00266r"_ PROCLAMATION RE CONSTITUTIONAL WEEK ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY ENDORSED A PROCLAMATION DESIGNATING THE WEEK OF SEPTEMBER 17 - 23, 1981 AS CONSTITUTION WEEK. P R O C L A ,M A T I O N WHEREAS, September 17, 1981, marks the one hundred ninety- fourth anniversary of the drafting of tLe Constitution of the United States of America by the Constitutional Convention; and WHEREAS, to accord official recognition to this memorable anniversary, and to the patriotic exercise that will form a noteworthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN COUNTY, FLORIDA, That and The week of September 17 - 23, 1981 shall be designated as: CONSTITUTION WEEK BE IT FURTHER PROCLAIMED that the Board on behalf of itself and of The Daughters of the American Revolution urges all citizens to study our Constitution during Constitution Week in order that you may more fully understand its meaning and understand why this Document has endured as the Great Charter of human liberties. BOARD OF COUNTY COMMISSIONERS OF INDIA' ZIVER COUNTY, FLORIDA SEP 161991 B r=1ck B. Ly6frs, Chairman BOOK 47 474 7 SEP 161981 aoox 47 PnE.4 75 CHAIRMAN LYONS THEN PRESENTED THE PROCLAMATION TO THE CHAIRMAN OF THE DAUGHTERS OF THE AMERICAN REVOLUTION, MRS, DON C. SCURLOCK. 11-173 211 6Z I a as TIM RK11k • Imo: RUTH STANBRIDGE, SAFETY COMMITTEE CHAIRMAN OF COUNTY COUNCIL OF PTAs, APPROACHED THE BOARD AND INTRODUCED THE FOLLOWING PEOPLE INTERESTED IN THE 16TH STREET TRAFFIC CONDITIONS: JANE VANN, SARA MONTGOMERY, AND RUTH BARNES. SHE THEN READ ALOUD THE FOLLOWING MATERIAL: 4835 66t1i Avenue Vero Beach, Florida 32960 September 16, 1981 Chairman Lyons and Members of the County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Gentlmen: The Safety Committee of the Indian River County Council of PTAs has asked to be placed on this agenda to discuss our concerns for the dangerous situation existing on 16th Street. We do not plan a lengthy presentation, since we know that you are aware of the problems existing along this corridor. Also there are several people with me to speak. The traffic count, though quickly taken by Chief McCall's office, conveys just how badly improvements are needed. With the main fire station scheduled to be moved just south of the intersection of 16th Street and Old Dixie Highway, the obvious east/west corridor will be 16th Street. On August 27 from 12:00 noon through August 30 at 12:00 the traffic count at 16th Street and 20th Avenue had a grand total of 39,240 vehicles ... (that was a Thursday, the day after school started, to Sunday at noon). The daily average traffic count was 9,810 and even Saturday and Sunday the daily total ran over 8,500. Chief McCall's office also provided a list with dates of accidents occurring on 16th Street from U.S. 1 west to 27th Avenue. The listed 110 accidents represents 10% of the total 1,057 accidents reported in the same time period. This corridor is needed by the ambulance squads to dispatch emergency help to the east, south and west. This corridor is also used by citizens traveling to the shopping areas, downtown, south U.S. 1, and to the Plazas. With the 17th Steep Bridge, the south beach is now accessable by way of 16th Street. I know that Chairman Lyons has indicated that a list of future road improvement projects should not be pursued until a traffic engineer is hired - I understand that just this Monday (September 14) a traffic technican was engaged. I believe that in March a road priority list was made for unpaved county roads, with no road priority plans for reconstruction on existing roads such as 16th Street or construction of new roads- Gentlemen, it is time to make a tentative list for this traffic technican to use to find the "iot spots". Who knows this county better than the people who live here and travel our roads? All of you qualify as natives, so what more sensible way to begin than to establish a road priority committee. I am sure the Cities of Sebastian and Fellsmere have some suggestions; civic leaders in Gifford could probably provide dozens of road projects. Certainly the City of Vero Beach has a few items and, of course, they are on record as supporting 16th Street as their lst priority. To be fair, to fill the needs for the majority of the county residents, and to resolve the chaos that exist over the improvements of our roads, you, our county commissioners must not commit the $3 million road fund until you have considered road improvement and new construction priorities from all parts of the county, including Indian River Blvd. Extension. We, the County Council of PTAs, are more than willing to have 16th Street stand by itself among other possible road projects. We are confident that the problems on 16th Street are so notorious that the only place to put this street would be at the top of the list. Sincerely, Mrs. William Stanbridge Safety Committee Chairman County Council of PTAs DATE7_5�,^t. 1� -- - _ , . TO Chief ,,TcCall __.-- _P'T FRO Na etif`er -----Z EP'T SUBJECT Traffic count 16th Street per youx instructions a traffic count -, &s ccn ,,ctec? on 16th. St. just -East of from 12;008, 27Auo, 1981 throuCh 0..Daily -o .l Thursday 27 puc- ^ri day 28 Aub Sa to r : sy 2; Al -,C Sunday 30 qui; 10,711 11,046 - 8,62.) 8,e58 Grand Total 39,200 Daily Average 9,810 uighest peak hour 1017 Daily peak traffic period is bet7,een t:.- ^c;,_._ of 7;001*- and 9;001;., SEP 16 1981 RooK 47 PAGE 4°76 cc: Mayor Terry Goff I,CCID::NTS 8-01-80 throu�.h 7-31-81 16th St. (17th) and 10-03-80 12-03-80 12-2.7-80 1-14-81 1 -30 -sl - 2 -10-81 2-13-81 3-03-81 3-13-81 4-21-'81 4-29-81 5-25-81 6-01-81 6-08-81 7-10-81 14th Ct . 16th Ave. 1.0-01-80 2-13-81 10-11-80 12-05-80 2-04-81 7-15-81 27th Ave. 11-11-80 12-21-80 1-17-81 2-09-81 5-23=81 7-07-81 rnt.Tvv Prr. 10-09-80 1-07-81 1-28-81 17th Ave. 9-02-80 9-18-80 11-07-80 11-15-80 1-11-08-80 2-0/;-81 3-17-81 6-03-81 6-12-81 RR TRACKS 9-19-80 12-17-80 1-02-81 20',-11 Ave. 9 15-E0 9 5-80 10- '110-8 0 10-121-80 11-15-80 12--23-80 1-24-81 3-18-81 5-21.-51 6-G5 1 6-20-81 ULD DIXIE 8-18-80.... 8-21-80 9-03-80 10-21-80 11-20-80 12-22-80 12-24-80 12-30-80 12-31-80 1-22-81 2-21-81 3-04-�Il 4-07-81. 4- . 4-81. 5- 01-81 8- 7-1.7-8a. 7-23-81 22nd. Ave. 6-07-1)1. B� 47 pArf 477 HIGHLAND 5-04-81 5-27-81 14t".1 Ave. 9-1 8C) 10-0 -80 10-2.3-k, 0 1L.-22-80 1-06-S.1 2 4-20-81 24th Avc. 25Th . 8-10-80 10-16-80 The listed 1.10 accident � rt :,;-: - sent 107 of the -total 1.0': accidents reported in file time period. THE BOARD DISCUSSED THE POSSIBILITY OF HAVING A ROAD PRIORITY COMMITTEE AND REVIEWED THE FOLLOWING LETTERS: Telephone (305) 567.7165 SUNCOM No. 465 - 1011 , �c �H�c �c�t_ c�,1 -F F 11, -f r r 1 � 1 �1'e N r UN, t- r t- 'r u 1426 19th Street - P. 0. Box 2648 - Vero Beach, Florida 32960 August 28, 1981 JAMES A. BURNS, Superintendent Mr. Neil A. Nelson, County Administrator Board of County Commissioners 2345 14th Avenue (Lawyer's Title Bldg.) Vero Beach, Florida 32960 SCHOOL BOARD GARY W. LINDSEY Chairman JOE N. IDLETTE,JR. Vice -Chairman RUTH R. BARNES RICHARD A. BOLINGER DOROTHY A.TALBERT Dear Mr. Nelson: The Safety Committee of the Iridian River County Council of PTAs appeared before the School Board on August 24th to consider addressing the 16th Street complex. They requested approval of the following statement: That the Indian River County School Board, recognizing the dangers to the safety of the students, faculty and private citizens and realizing that the traffic problems are increasing along the 16th Street roadway, urge the City Council and County Commission to seek relief by initiating improvements to this dangerous traffic corridor. There are over 2,000 high school students and another 2,000 students attending schools in this immediate area. We also urge that this road project be acknowledged as one of the primary concerns of the City Council and County Commission. Coordination in solving these traffic problems along the 16th Street corridor will be in the best interests of the citizens of our community. We would certainly want to cooperate with you in any way possible in this regard. Sincerely, a es A. Burns S perintendent SEP 161981 11 Boos 47 PAPE 478 City o f Aero .beach A 0. BOX 1339 - 1053 - 20th PLACE VERO BEACH, FLORIDA - 32960 Telephone 567-5151 OFFICE OF THE MAYOR September 8, 1981 Mr. Pat Lyons, Chairman Board of County Commissioners 2145 14th Avenue Vero Beach, Florida 32960 Re: Item 9(e) on the City Council Agenda of September 1, 1981 - Discussion of dangerous situation on 16th Street - area from 20th Avenue to Old Dixie Highway - Safety Committee of the Indian River Council of PTA's Dear Pat: The City Council, after much input from concerned citizens, unanimously passed a motion to go on record as stating that 16th Street is the number one priority in the City of Vero Beach. Council further recommended that a committee comprised of representatives from the City of Vero Beach, Indian River County and the other municipalities in the County, be formed to prioritize the ten or twelve problem roads in the area that need to be addressed. Council also suggested that once the committee comes up with such a list that they should also get cost estimates. A public referendum for an additional penny gasoline tax was also discussed. This money can be used to cover as many roads on the priority list as possible. The City Council feels this item should be discussed at the joint meeting on September 14, 1981. It was pointed out that much time and money was spent on the Twin -Pairs project and we have nothing to show for it. The City Council would like to see a committee appointed to study the area and come up with a priority list before we spend more time and money on a project that might not be necessary at this time. If you or the County Commissioners have any questions concerning this item I -will be happy to discuss it with you. Very truly yours, CITY OF VERO BEACH e`rry Go Mayor TG:pn "City of Beautiful Beaches". 12 ADMINISTRATOR NELSON WAS HOPEFUL THAT HE WOULD GET AN AFFIRMATIVE RESPONSE TODAY REGARDING THE POSITION OF TRAFFIC ENGINEER; THE ACCUMULATED INFORMATION AND PUBLIC INPUT WOULD ENABLE THE NEW TRAFFIC ENGINEER TO STUDY THE ROAD PRIORITY MATTER MORE EFFECTIVELY. COMMISSIONER WODTKE FELT THE CITY OF VERO BEACH, ALONG WITH THE SCHOOL BOARD, COULD ASSIST IN COORDINATING WITH THE COUNTY TO TRY TO SOLVE THIS TRAFFIC PROBLEM. HE SUGGESTED HOLDING OFF WITH ANY IMPROVEMENTS TO THE RECREATIONAL FIELD THAT MIGHT FURTHER CONGEST THE AREA UNTIL THE BOARD KNOWS WHAT WILL TRANSPIRE. COMMISSIONER FLETCHER FELT A DATE SHOULD BE SET FOR THE PUBLIC TO GIVE THEIR INPUT ON THIS MATTER. WILLIAM KOOLAGE, INTERESTED CITIZEN, EXPRESSED GREAT CONCERN OF THE TRAFFIC SITUATION ON 16TH STREET AND URGED THE BOARD TO GIVE A GREAT DEAL OF THOUGHT TO THE YOUTH OF TODAY, HE COMMENTED THAT THE BOARD SHOULD MAINTAIN A LIST OF ROAD PRIORITIES. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS - STONER FLETCHER, THE BOARD UNANIMOUSLY AGREED TO ADD THIS ROAD PRIORITY AND COMMITTEE DISCUSSION TO EVERY FUTURE AGENDA UNTIL WE HAVE THIS MATTER SETTLED. DISCUSSION ENSUED AND IT WAS AGREED THAT THE PROBLEMS ON 16TH STREET NEED ATTENTION. CHAIRMAN LYONS COMMENTED THAT THE BOARD WANTS TO MOVE FORWARD IN AN ORDERLY FASHION. COMMISSIONER SCURLOCK REITERATED THAT THIS ITEM WOULD BE PLACED ON FUTURE AGENDAS AND SUGGESTIONS WILL BE MADE AT THE NEXT MEETING FOR THE FORMULATION OF A COMMITTEE TO STUDY THIS MATTER. THE BOARD REVIEWED THE FOLLOWING MEMORANDUM: 13 600 %7 PAGE 480 r SEP 16 1981 BOOR 47 PAS TO: The Honorable Members of the DATE: September 8, 1981 FILE: Board of County Commissioners SUBJECT: Paving of R.D. Carter Rd. (1st Street S.W.) between 43rd Avenue and 27th Avenue FROM: Neil A. Nelson, County Admn. REFERENCES: DESCRIPTION AND CONDITIONS During the recent August rains, the citizens using R.D. Carter Road between 27th Avenue and 43rd Avenue have submitted numerous complaints to have this road paved. Since the average daily traffic count on the road is over 1000 vehicles per day, the road becomes hazardous to travel after a heavy rain, even though the County Road and Bridge Department grades it frequently. On Monday, August 31, 1981, Mrs. Branigan and other residents using the road requested in a meeting at the County Administrator's office that the County Commission reconsider paving of R.D. Carter Road to prevent a dangerous road situation. ALTERNATIVES AND ANALYSIS The existing right-of-way width.along R.D. Carter Road between 27th Avenue and 43Rd Avenue varies from 30' to 52' . The citizens attending the August 31, 1981 meeting agreed to assist the County in encouraging those property owners abutting the road to donate the right-of-way required to provide a min. 50' width. The cost for paving and drainage improvements along the one mile length of road is estimated at $103,000. Of this amount, 30,000 is for asphalt work and 39,000 is for base work. Stripping, drainage, and earthwork is estimated at $34,000. Two alternative methods of financing are presented by the staff: Alternative No. 1. Funding to be provided via special Assessment Ordinance based upon delineating a benefited assessment area. Funding to be provided from the Road and Bridge Department Materials Account No. 004-214-541-35.39. RECOMMENDATIONS AND FUNDING In accordance with the new Special Assessment Ordinance, it is recomm- ended that a benefitted area be delineated for the paving of R.D. Carter Road and this road be paved. Funding to be administered via the neer Special Assessment Ordinance. The right-of-way necessary should be obtained from those property owners affected prior to construction. THE BOARD THEN DISCUSSED THE FOLLOWING LETTER: L- boox 47 PAGE 482 8901 4 7 PAGE 483 LENGTHY DISCUSSION FOLLOWED ON THE SUBJECT OF WHICH ROADS ARE MAIN COLLECTORS, AND WHICH ARE SUB -LATERAL - THIS WOULD ENABLE THE BOARD TO KNOW FOR WHICH ROAD THE COUNTY IS RESPONSIBLE, AND THOSE THAT WOULD REQUIRE AN ASSESSMENT. WILLIAM B. HERRICK, 3620 FIRST ST. SW, APPROACHED THE BOARD STATING HE DID NOT WANT TO GIVE UP 20' TO WIDEN THE RIGHT-OF-WAY AS IT WOULD WIPE OUT HIS FRONT YARD. HE DID NOT THINK IT WAS FAIR;. ALSO HE DID NOT WANT TO HAVE TO PAY FOR PAVING THE ROAD. DR. BOROVSKY, INTERESTED CITIZEN, STATED THAT IT WAS UNFAIR TO HAVE TO DONATE SOMETHING FOR NOTHING, AND HE OBJECTED TO DOING AWAY WITH SOME TREES IN ORDER TO PAVE THE ROAD. HE ADDED THAT HE MOVED TO THE AREA FOR PEACE AND QUIET AND FELT THIS MATTER NOW UNDER DISCUSSION WAS NOT AN IMPROVEMENT, BUT A REGRESSION. COMMISSIONER WODTKE EXPLAINED THAT THE 20' NEEDED BY THE COUNTY FOR RIGHT-OF-WAY WOULD CONTINUE TO BE USABLE TO THE PROPERTY OWNER; THE COUNTY JUST NEEDS TO HAVE ACCESS FOR DRAINAGE, ETC. ADMINISTRATOR NELSON INTERJECTED THAT THROUGHOUT THE YEARS OF GRADING THE ROAD, THE COUNTY PROBABLY ALREADY HAD THE 20' THERE WITH THE SHOULDERS OF THE ROAD. MR. HERRICK REITERATED THAT HE WOULD LOSE $500 WORTH OF ROSES, AND IT WOULD HARM HIS DRIVEWAY; THEREFORE, HE DID NOT WANT TO PAY FOR THE PAVING OF THE ROAD. COMMISSIONER SCURLOCK EXPLAINED THE FORMULA FOR THE ASSESS- MENT, WHICH WILL COVER A LARGER BASE AND WILL BE SHARED BY MORE PEOPLE IN THE AREA. ENGINEER .JIM DAVIS ESTIMATED THAT THE ASSESSMENT WOULD BE APPROXIMATELY $300 AN ACRE BASED ON THEIR FORMULA. MRS. CHRIS BRANIGAN, 31ST AVENUE SW, STEPPED BEFORE THE BOARD AND GAVE A BRIEF HISTORY OF THE ROAD, WHICH WAS LISTED AS THE NUMBER ONE PRIORITY SEVERAL YEARS AGO - ALL THAT WAS NEEDED WAS THE FUNDING. SHE URGED THE BOARD TO MOVE FORWARD ON THE PROJECT, AND THAT THE ROAD BE PAVED USING COUNTY FUNDS. M' CARL EVERATT, 136 31ST AVENUE SW, STATED THAT IF THE COUNTY PAVED THE ROAD, HE WOULD DONATE THE RIGHT-OF-WAY, BUT NOT IF IT WAS GOING TO BE ASSESSED. CHARLES SULLIVAN, JR., 31ST AVENUE SW, STRESSED TO THE BOARD THAT THIS WAS AN ARTERIAL ROAD FROM 27TH AVENUE, AND OVER A THOUSAND PEOPLE USE THIS ROAD TO GET TO THEIR HOMES IN A DAY. HE POINTED OUT THAT EVERY TIME THERE IS A RAIN, THE ROAD'S CONDITION BECOMES VERY BAD DUE TO THE HEAVY TRAFFIC. ATTORNEY SULLIVAN URGED THE BOARD TO PAVE THIS ROAD FOR SAFETY AND HEALTH REASONS. CHAIRMAN LYONS FELT A MAP CLASSIFYING ALL THE ROADS IN THE COUNTY WAS IMPORTANT TO HAVE. COMMISSIONER SCURLOCK INTERJECTED THAT THIS ROAD AT ONE TIME WAS PUT ON THE PRIORITY LIST AND THEN SKIPPED OVER, HE NOW FELT THE ROAD SHOULD BE PAVED AND PAID FOR BY COUNTY FUNDS, DISCUSSION ENSUED ABOUT USING THE SAME METHOD OF PAVING AS WAS DONE ON REBEL ROAD AND.CITRUS ROAD SEVERAL YEARS AGO. ADMINISTRATOR NELSON EXPLAINED THAT THEY JUST PUT AN ASPHALT CAP ON THE ROAD AT ONE-THIRD THE NORMAL COST OF PAVING A ROAD, HE COMMENTED THAT OUR COUNTY ENGINEER COULD NOT PROFESSIONALLY RECOMMEND THIS "NEW,CONCEPT" METHOD, COMMISSIONER BIRD INQUIRED IF THE COUNTY WAS BOUND BY SOME CRITERIA IF A ROAD WAS DESIGNATED AS A MAIN ARTERIAL ROAD. ENGINEER DAVIS EXPLAINED THAT IF AN ARTERIAL ROAD WAS TO BE FUNDED BY GAS TAX MONEY HELD IN TRUST BY DOT, IT MUST BE BUILT ACCORDING TO THEIR STANDARDS. HE ADDED THAT AN ANALYSIS WOULD HAVE TO BE MADE AS TO WHETHER THE °ANEW CONCEPT" METHOD WOULD OFFSET THE COST OF MAINTENANCE OF A STANDARD TYPE ROAD. COMMISSIONER BIRD FELT THAT SINCE OTHER ROADS ARE PAVED AS YOU PROCEED SOUTH, THE COUNTY IS SOMEWHAT OBLIGATED TO PROVIDE ANOTHER EAST -WEST CONNECTOR ROAD. HE STATED THAT SINCE .IT WAS SUCH A HEAVILY TRAVELLED ROAD, THE COUNTY SHOULD PAVE IT. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THERE WERE FUNDS IN THE CURRENT BUDGET THAT COULD BE MADE AVAILABLE; AND IF MORE FUNDS WERE NEEDED, THE COUNTY TRUST FUNDS COULD BE USED. SEP 16 1981 Boos 4i PAGE484 M�� Boox 47 pmE485 JANET BOND, OF FIRST -STREET SIS, CAME BEFORE THE BOARD AND COMMENTED THAT SHE WAS FEARFUL OF HAVING HER CHILDREN PLAY IN THE FRONT YARD AFTER IT RAINS BECAUSE THE POOR CONDITION OF THE ROAD CAUSES CARS TO GO OUT OF CONTROL, AND COULD POSSIBLY SKID INTO HER YARD. LENGTHY DISCUSSION ENSUED REGARDING HAVING THE ROAD SURVEYED, ANALYZING THE "NEW CONCEPT" OF ROAD CONSTRUCTION, THE ALLOCATION OF FUNDS, AND OF HAVING A REPORT READY FOR THE BOARD TO STUDY BY THE FIRST MEETING IN OCTOBER. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRDD THE BOARD UNANIMOUSLY AUTHORIZED THE ALLOCATION OF FUNDS, NOT TO EXCEED $50,000; TO PAVE R. D. CARTER ROAD FROM 27TH AVENUE TO 43RD AVENUE, WITH THE UNDERSTANDING THAT THERE WILL BE A SURVEY MADE; A STUDY DONE OF THE PROBLEMS OF THE 50' RIGHT—OF—WAY; ANALYZING THE ROAD CONSTRUCTION OF THE "NEW CONCEPT" METHOD SIMILAR TO THAT USED ON CITRUS ROAD; AND THAT A REPORT BE MADE TO THE BOARD ON OCTOBER 7, 1981 CONCERNING THESE MATTERS. s _I } ANNUAL BIDS - #93 THROUGH #99 ADMINISTRATOR NELSON REPORTED THAT THERE WAS ONLY ONE BIDDER ON BID #93 FOR ROAD ROCK, AND SINCE THIS ROAD ROCK IS PICKED UP BY THE ROAD & BRIDGE DEPARTMENT AND THE BIDDER IS LOCATED IN LAKE WALES, APPROXIMATELY 100 MILES AWAY, HE RECOMMENDED THAT THE BID BE REJECTED. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE ADMINISTRATOR'S RECOMMENDA= TION -TO REJECT, READVERTISE AND REBID BID #93 FOR ROAD ROCK. ON BID #94 FOR READY—MIX CONCRETE, THE ADMINISTRATOR RE— PORTED THAT RINKER MATERIALS WAS THE ONLY ONE WHO BID, AND SINCE THEIR BID IS ACTUALLY LESS THAN THE PRICE WE ARE PAYING THIS YEAR, HE RECOMMENDED THE BID BE ACCEPTED. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF RINKER MATERIALS ON READY—MIX CONCRETE AS DESCRIBED IN THE FOLLOWING MEMO, TO BE PAID FROM ACCOUNT #004-214-541-35-39. =Bid #94 -Ready -Mix Concrete Bid Proposals sent out, 2 received (1 No Bid) Rinker Materials $40.50 per yd. 1. Ready -Mix Concrete -2500 P.s.i. 2. Ready -Mix Concrete 3000 p. s.i. $42.00 per yd. 3. Quantity Purchase w/o Min. Load -Charge 5 yds. $50.00 4. Less than Min. Load -Charge Prices quoted are subject to a Maximum Increase of $2.50 per cubic yd of Concrete on Jan. 1, 1982. The committee recommends Bid #54 be awarded to the only bidder, Rinker Materials. Fund Account #004-214-541-35-39 ADMINISTRATOR NELSON INFORMED THE BOARD THAT ALTHOUGH SOUTHERN CULVERT WAS THE ONLY BID RECEIVED ON BID #95 — ASPHALT CORREGATED AND ALUMINUM METAL PIPE, WE HAD A GOOD EXPERIENCE WITH THEM LAST YEAR AND THE PRICE IS IN LINE. W a00 47 PAGE % r SEP 16191 roc 47 Pn E 487 A� - ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF SOUTHERN CULVERT ON ASPHALT CORREGATED AND ALUMINUM METAL PIPE AS SET OUT IN THE FOLLOWING MEMO, TO BE PAID FROM ACCOUNT #004-214-541-35-32. Bid #95 -Asphalt Corregated & Alum. Metal Pipe 4 Bid Proposals sent out, 2 received (1 No Bid) Southern Culvert 6 Mo. Bid I Yr. Bid 1. Asphalt Coated Steel Corregated Pipe it IT 10" - 16 ga per ft 4.48 4.90 12" - It 11 it 5.37 5.87 15" - '► It " 1r 6.43 7.03 1811 _ 11 " n if 7.51 8.21 24" - 14 ga " r1 11.72 12.81 30" - 11 11 it if 14.29 15.61 3611 = if IT 1r 1t 17.23 18.83 42" - 12 ga " t1 27.24 29.77 48" - " '► " It 31.20 34.09 S411 _ n " " tr 37.27 40.73 60" - 10 ga " " 51.55 56.33 7211 -- It if IT r1 61.38 67.07 84" - 8 ga it 11 87.31 95.41 9611 _ n it it it 100.88 110.23 2. Aluminum Metal Pipe 10" - 16 ga it IT 4.76 5.21 1211 - It rr if " 5.27 5.76 15" - 11'• if It 6.29 6.88 " 18„ _ IT ►► It sr 7.38 8.06 24" - 14 ga " " 11.47 12.54 30" - It It if if 14.01 15.31 3611 - It '1 It It 16.88 18.45 42" - 12 ga " 11 26.67 29.14 481f - It it 1t rt 30.54 33.37 54" - 11 it if if 36.50 39.89 60" - 10 ga it 11 50.48 55.17 7211 - It 11 r1 it 60.10 65.67 84" - 8 ga " 85.51 93.34 9611 - It it it 98.79 107.95 The Committee recommends aid "95 be awarded on a yearly basis to the only bidder, Southern Culvert. Fund Account #004-214-541-35-32 20 a THE BOARD NEXT DISCUSSED BID #96 - FIRE EXTINGUISHER INSPECTION, AND THE POSSIBILITY THAT SOME OF THE COUNTY'S FIRE EXPERTS COULD INSPECT THESE FIRE EXTINGUISHERS RATHER THAN A PRIVATE FIRM WAS BROUGHT UP. QUESTION AROSE AS TO THE NECESSITY OF HAVING STATE CERTIFIED INSPECTORS, AND IT WAS FELT WE COULD LOOK INTO THIS MATTER. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF VERO BEACH FIRE EQUIPMENT COMPANY AS PER THE FOLLOWING MEMO, AS BEING THE LOWEST AND BEST BID ON THE ANNUAL FIRE EXTINGUISHER INSPECTION CONTRACT, TO BE PAID FROM ACCOUNT #001-220-519-34-61. Bid #96- Fire Extinguisher Inspection 3 Bid Proposals sent cut, 3 received Vero Beach AA Fire Ind. Riv. Fire Fire Equip Co. Equip. Co. Equip. Co. Annual Inspection & Tagging of all Fire Extinguishers- Ea. 1.00 1.50 2.00 Recharge regular dry Chemical Ext. 21/2 lb. Ea. 3.00 3.75 .3.00 5 it " 4.00 5.75 5.00 10 " " 6.00 7.75 10.00 20 " it 9.00 12.75 20.00 Recharge purple K or ABC Chemical Ext. 21/2 lb Ea. 3.90 3.75 3.50 5 it it 5.00 5.75 5.50 10 " .. 7.90 7.75 10.50 20 "it12.00 12.75 21.00 Recharge Co2 Ext. 21/2 " it 1.50 2.75 3.00 31b- 5 lb Ea. 3.00 3.75 4.00 61b -10 lb Ea. 5.50 4.75 5.00 IIIb -15 lb Ea. 6.50 5.75 6.00 161b -20 lb Ea. 7.50 6.75 7.00 Hydro Test Co2 Ext. 21/2 Ib. Ea. 3.00 6.00 10.00 31b - 5 lb Ea. 3.00 6.00 10.00 J 61b -10 lb Ea. 3.00 6.00 10.00 lllb -15 lb Ea. 3.00 6.00 10.00 16lb-20 lb. Ea. 3.00 6.00 10.00 Recharge soda/acid Ext. -Ea. 1.50 N/A Hydro Test soda/ acid Ext. -Ea. N/A Recharge Pressure Water Ext. -Ea. 1.50 2.50 5.00 Hydro Test Pressure Fater Ext. -Ea. 1.50 2.50 5.00 Recharge 22 gal. foam Ext. -Ea. 1.50 N/A Hydro Test 21-2 Gal. foam Ext.- Ea. N/A 5.00 The Committee recommends IRC Bid :`96 he awarded to the overall low bidder -Vero Beach Fire Equipment Co. Fund Account #001-220-519-34-61 SEP 161991 X00 7 PAc8 21 BOOK 47 PAGE 48 9 ENGINEER DAVIS REVIEWED BID #97 - TYPE II ASPHALT CONCRETE AND REPORTED THAT DICKERSON WAS THE LOW BIDDER AND THE PRICE PER TON IN PLACE THIS YEAR IS ALMOST NO INCREASE OVER LAST YEAR S PRICE. HE NOTED THAT THERE -IS A CLAUSE BUILT IN THE CONTRACT THAT ANY IN- FLATION OF OIL COSTS WILL BE BUILT INTO THE CONTRACT. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF DICKERSON, AS PER THE FOLLOWING MEMO, AS BEING THE LOWEST AND BEST BID ON THE ANNUAL TYPE II ASPHALT CONCRETE CONTRACT, TO BE PAID FROM ACCOUNT #004-214-541-35-39. Bid #97 -fie II Asphalt Concrete 6 Bid Proposals sent out, 3 received Dickerson Pan American Ft. Pierce Contracting 1. Type II Asphalt Concrete Surface Coarse Material in various quantities and at various times as needed 26.75 per ton NB 28.50 per ton 2. Hauling and spreading by an approved mechanical spreader, and furnishing Type II Asphalt Concrete Surface Coarse Material 38.00 per tor. 85.00 Per ton 40.10 per ton The Committee recommends IP.0 Bid #97 be awarded to the low bidder, Dickerson, Inc. Fund Account 1`004-214-541-35-39 DISCUSSION ENSUED ON BID #98 FOR ELEVATOR SERVICE MAINTENANCE. CONCERN WAS EXPRESSED ABOUT THE HIGH COST OF THIS SERVICE, AND ADMINISTRATOR NELSON POINTED OUT THAT WE MUST HAVE THIS SERVICE IN ORDER TO RECEIVE OUR CERTIFICATION, AND OUR MAIN- TENANCE PEOPLE CANNOT DO THIS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF MIAMI ELEVATOR AS PER THE FOLLOWING MEMO, AS BEING THE LOWEST AND BEST BID ON THE ANNUAL ELEVATOR SERVICE MAINTENANCE CONTRACT, TO BE PAID FROM THE ACCOUNTS AS SET OUT IN SAID MEMO. 22 Bid #98 -Elevator Service Maintenance 3 Bid Proposals sent out, 3 received Schindler Otis Haughton Co. Elevator 1. Service Maintenance Agreement for two (2) passenger elevators, located in the New County Administration Bldg., 1840 25th St., Vero Beach, F1 2 Ea. 516.00/mo 2. Service Maintenance Agreement -for one (1) passenger elevator - located in the Indian River Co. Jail 1 Ea. 101.00/mo 3. Service Maintenance Agreement for one (1) passenger elevator located in the County Courthouse, 2145 14th Ave, Vero Beach, Fl 1 Ea. 96.00/mo Miami Elevator 884.70/mo 467.00/mo 267.18/mo 277.18/mo 70.00/mo 61.00/mo The Committee recommends InC Bid `98 be awarded to the tow bidder- Miami Elevator, Inc. Fund Account - Jail - #001-906-523-34-61 Courthouse & New Admin. Bldg. #001-7.20-519-34-61 ADMINISTRATOR NELSON .REPORTED THAT THE BID COMMITTEE WOULD LIKE TO MODIFY THEIR RECOMMENDATION ON BID #99 FOR SOIL CEMENT AND LIME -ROCK BASE. PAN AMERICAN IS 10� CHEAPER THAN DICKERSON ON THE SOIL CEMENT BASE, AND ALTHOUGH THIS COMPANY HAS HAD SOME PROBLEMS -WITH CREDITORS, WE HAVE SPLIT THIS BID IN THE PAST, AND THE STAFF WOULD LIKE TO RECOMMEND GOING WITH PAN AMERICAN BECAUSE THEY ARE THE LOW BIDDER ON THIS ITEM. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF PAN AMERICAN ON SOIL CEMENT BASE AND THE BID OF DICKERSON, INC., ON LIMEROCK BASE AND MIXED -IN-PLACE BASE, AS BEING THE LOWEST AND BEST BIDS ON THE ANNUAL CONTRACT FOR THESE ITEMS AS PER THE FOLLOWING MEMO, TO BE FROM ACCOUNT #004-214-541-35-39. Bid #99&, Soil C'ement and Limerock Base 3 Bid Proposals sent out, 2 out, 1. Construction of soil cement base 2. Limerock Base 3. Mired -In -Place Base Dickerson, Inc. Pan American Sq. Yd. 2.85 2.75 it 5.25 6.25 it114.95 7.10 The Committee recommends IRC Bid 499 be awarded to the overall low bidder - Dickerson, Inc. Fund Account #004-214-541=35-39 W ,-,ja 47 PAGE 490 $ba! 7 PAGE 91 pr SEP 16 191 DISCUSSION ON REQUEST FOR 25,000-30,000 GPD SEWER ALLOCATION FOR RALMAR PROPERTY IN GIFFORD THE BOARD REVIEWED THE FOLLOWING MEMO SUMMARIZING THE PRESENT SITUATION: TO: Honorable Members of the DATE: August 26, 1981 FILE: Ralmar Medical Board of County Commissioners Center, 2C-5 Requested 25,000 to 30,000 gallons per SUBJECT: day of Sewage Treatment Allocation for Ralmar property in Gifford 1. Letter Jackson to Commission, dated 8/7/81, attached FROM: Neil Nelson, County Admn. REFERENCES: 2. Letter Nelson to Jackson, dated 5/27/81 DESCRIPTION & CONDITIONS The reference letter points out that the Ralmar Medical Center is limited to 20,000 gallons per day of sewer service from City of Vero Beach. This capacity is used up by the original Medical Arts Center, The Living Care Center and North River Building (combined office and nurse's quarter buildi-ng). There are 8 tracts laid out for development. Tract Gallons/Day Acres A-1 Medical Arts Center 5,700 2.26 D Florida Living Care Center 8,000 2.75 E North River Building 6,500 1.26 Remaining tracts to be developed are: Tracts A-2 (2.10 acres); A-4 (2.17 acres); B (1.25 acres); C (2,57 acres); A-3 (2.24 acres). • Mr. Jackson asks if 25,000 to 30,000 gallons per day (in the referenced letter) can be granted by the county. Ralmar also was notified (Reference 2) that the easement/right-of-way problem must be resolved to the satisfaction of the County. The County can supply water if arrangements are otherwise made for sewer service. I believe the easement/right-of-way problem is still being worked upon by Ralmar. ALTERNATIVES & ANALYSIS At a meeting with Vero Beach, (about 8/3/81) they bluntly stated that they will honor providing 20,OOO.gallons per day allocation but no more than that. If more allocation can be gained elsewhere, service will be limited to capacity of the lift -station. The only location the County has jurisdiction over sewer allocation is the 600,000 gallons per day for the South County (Vero Mall, 6th -Ave) area. We currently have agreements (i.e. paid impact fees for water and sewer service for) 280,300 gallons per day. There have been serious discussions with other developers to account for an added service demand for 83,800 gallons per day. The largest development in this group (Southgate Mobile Home Park for 27,300 gallons per day) is known to have to come into the county system because their DER permit for their treatment plant will not be renewed. If only these come on to the county system we will have a reserve of only 235.900 gallons per day. The 6th Avenue area is developing with a majority of condominium/ apartment projects which preclude the use of septic tanks in the "Rock - ridge" area., We are a year away from having our own water plant with its increase of availability of water service. Two developments smaller than the Tropic Villas project can use up the remaining 235,900 gallons per day. Another area in the County, whose allocation we do not control, is the 400,000 gallons per day for the hospital. All discussions about the size of this allocation imply that it is for expansion to schools, resi- dence quarters, and doctor suites - the type of which are being constructed at the Ralmar development. It would appear that this would be a alternate to explore for any allocation transfer. RECOMMENDATION We recommend that the 25,000 to 30,000 gallons per day requested for allocation from the County be denied since availability of this trade-off from South County is not sufficient for all needs. IN DISCUSSION, IT WAS NOTED THAT THE CITY OF VERO BEACH STILL FEELS WE WOULD HAVE TO GIVE UP SOME OF OUR ALLOCATION TO COMPLY WITH THIS REQUEST. COMMISSIONER SCURLOCK POINTED OUT THAT AN OVERALL PLAN FOR SERVICE FOR THIS AREA IS NOT AVAILABLE, AND UN— TILL WE ADDRESS THE OVERALL HOSPITAL AREA, HE FELT WE WOULD BE REMISS IN DOLING OUT SMALL ALLOCATIONS. ATTORNEY ROBERTJACKSON CAME BEFORE THE BOARD REPRESENTING RALMAR ASSOCIATES, HE WENT INTO THE HISTORY OF THE SITUATION IN DETAIL, NOTING THAT THE CITY WOULD NOT ALLOW THEM TO TAP IN ON THE HOSPITAL LINE SO THEY WENT AHEAD AND GOT A D.E.R. PERMIT FOR A WELL AND TREATMENT PLANT, HE FURTHER NOTED THAT THEY PUT IN A 4" LINE ALL THE WAY TO THE LIFT STATION SOUTH OF THE HOSPITAL AT RALMAR'S EXPENSE AND PAID THE CITY $9,100 FOR THEIR FUTURE EXPANSION. RALMAR°S ORIGINAL PLAN WAS FOR A WHOLE 10 ACRE COMPLEX OF MEDICALLY RELATED FACILITIES, AND ONLY HALF OF THAT HAS GONE IN AT THIS TIME; THE BLOOD BANK HAS MOVED._IN THERE AND THE NURSING HOME. IF THE CITY STAYS WITH THEIR DECISION TO DENY MORE PERMITS, ATTORNEY JACKSON STATED THAT THEY WILL HAVE NO ALTERNATIVE EXCEPT TO GO BACK TO BUILDING THEIR OWN PACKAGE TREATMENT PLANT. DISCUSSION FOLLOWED AS TO DEVELOPMENT ON 6TH AVENUE, THE HOSPITAL ALLOCATION, AND THE ALTERNATIVE OF EXTENDING A LINE TO THE GIFFORD PLANT AND POSSIBLY CROSSING U.S.1 VIA THE BRIDGE AT LINDSEY ROAD. SEP 16 1991 25 47 FAu 492 L SEP 16 1981 8box, 47 Pasr-433 ; -COMMISSIONER SCURLOCK BELIEVED THERE ARE THREE ALTERNATIVES: (1) NEGOTIATION WITH THE CITY OF VERO BEACH; (2) SERVICE FROM OUR EXISTING PACKAGE PLANT IN GIFFORD; OR (3) AN INDEPENDENT PACKAGE SYSTEM FOR THE RALMAR COMPLEX, CHAIRMAN LYONS SUGGESTED THAT COMMISSIONER SCURLOCK BE GIVEN THE JOB OF TRYING TO NEGOTIATE WITH THE CITY OF VERO BEACH AND JUST TAKING A LOOK AT THE GENERAL SITUATION TO SEE WHAT CAN BE DONE, THE BOARD AGREED, SALTAIR COVE SUBDIVISION - REQUEST EOR VARIANCE ADMINISTRATOR NELSON ANNOUNCED THAT THIS MATTER WAS CON- TINUED FROM THE PREVIOUS MEETING IN ORDER TO NOTIFY ADJACENT PRO- PERTY OWNERS, THE PLANNING & ZONING DEPARTMENT HAS SENT NOTIFICATION TO 71 ADJACENT PROPERTY OWNERS, THIS WAS NOT REQUIRED BY STATUTE, BUT DONE AS A MATTER OF COURTESY, ATTORNEY JOSEPH CIANFRONE WAS HIRED BY COUNTY ATTORNEY COLLINS TO TAKE HIS PLACE IN REPRESENTING THE BOARD IN THIS MATTER BECAUSE OF A PREVIOUSLY ANNOUNCED CONFLICT OF INTEREST THE FOLLOWING MEMO DATED AUGUST 26, 1981, EXPLAINS THE REQUEST AND THE ALTERNATIVES: TO: The Honorable Members of the Board of County Commissioners AAW ®ATE: August 26, 1981 FILE: SUBJECT: Salt Air Cove Subdivision Request or Variance Pursuant to Section 9 of Indian River County Subdivision Ordinance 75-3 and Request for Preliminan Plat Approval FROM: Neil A. Nelson, REFERENCES: 1) Betty A. Reeves, Agent for Owner, County Administrator to Neil Nelson, C.A. dated Aug. 11, 1981. Petition for Variance to Boar of County Commissioners 3) Section 9 of the Indian River County Subdivision Ordinance DESCRIPTION AND CONDITIONS The owner of approx. 4.3 acres of land zoned R-lA east of State Road A -1-A north of Smuggler's Cove Subdivision,(John J. and Avonelle Harold, Betty A. Reeves, Arent) is requesting a variance from the Indian River County Subdivision Ordinance 75-3 to construct a 25' wide private right-of-way. The property is between A -1-A and two lots fronting the Atlantic Ocean. The Technical Review Committee considered this project during its July 7, 1981 meeting and informed the engineer of record, Jim B.eindorf, that a request for variance is required for the 25' right-of-way. The above referenced i request such a varianc also that minary plat approval be it -ed by the Board. 26 W ALTERNATIVES AND ANALYSIS In analyzing the character of the land lying east of A -1-A along this South Beach area, a number of parcels exist with narrow, 1401± frontage on A -1-A. These parcels, if platted individually, would place many accesses onto A -1-A close together so that an undesirable traffic situation would develope. The best way to plat these parcels, in the staffs' opinion, would be for two adjacent tracts to each con- tribute half of a 50' right-of-way (2S'each) and both tract owners mutually agree to subdivide with frontage on a common road. This particular method would be in concurrence with the Subdivision Ordi- nance Section 4 Article 1(h) for Half Streets. The Technical -Review Committee agrees with this approach as long as the other 25' portion of the right-of-way is given once the northern parcel is subdivided in the future. The alternatives presented by the Staff for consideration are: Alternative l: Approve the request for variance and preliminary plat approval be granted subject to requiring future dedication of the additional 25' wide portion of right-of-way if the parcel to the north is ever subdivided. The impact this alternative would have includes eliminating numerous access onto A -1-A which are not spaced in a desirable manner. Since this right-of-way is proposed as private, all lots created by future plat shall have the dedicated right to use such right-of-way. A beach access should be shown east of this plat for use by the potential owners. Included in this alternative should be provisions for a cul-de-sac at the east end of the road and dedica- tion of a 101wide non -access buffer easement along the east right-of- way line of A -1-A. Alternative 2: Deny the request for variance and require the owner to provide a SO' right-of-way. The impact this alternative would have includes possible future platting of the north parcel with an additional access onto A -1-A in close proximity to the proposed access. This is an undesirable situation. If the variance request is denied, preliminary plat approval would obviously not be recommended for this design. RECOMMENDATIONS AND FUNDING As the decision to grant a variance request lies solely vested in the Board of County Commissioners, the staff recommends alternative no. 1, thereby approving the request for variance and preliminary plat approval subject to requesting dedication of the remaining 25' wide portion of the right-of-way to the north in the future if a preliminary plat is submitteri. Also, a cul-de-sac at the east end of the proposed road as required in the Subdivision Ordinance and dedication of a 10' wide non -access buffer easement along A -1-A is recommended. Once these changes are made, one lot may*have to be deleted from the proposed plat. There are no funding considerations to be addressed by the Board for this item. P 16 1991 Boas 4 7 fuf 494 L r 5 E P 1.6 1991 Bo ox 47 PAcE 495 3L B van CUVE- SUBDIV. �1 ,l SALTAI R COVE 15/0 81 -8 I ATTORNEY GENE RODDENBERRY MADE A PRESENTATION ON BEHALF OF THE APPLICANTS, EXPLAINING THAT THEY WISH TO DEVELOP THIS PROPERTY INTO SEVEN LOTS, AND SINCE A 50' ROAD WOULD EFFECTIVELY LIMIT SUCH DEVELOPMENT THEY ARE REQUESTING THE VARIANCE AS DESCRIBED IN STAFF S MEMO. SOME DISCUSSION FOLLOWED AS TO THE NEED FOR A TURN—AROUND FOR CARS, AND ATTORNEY RODDENBERRY STATED THAT A CUL DE SAC IS ACCEPTABLE TO THEM. ATTORNEY ,JEROME QUINN NEXT TOOK THE FLOOR REPRESENTING NIRS. HOPWOOD, THE ADJOINING PROPERTY OWNER TO THE NORTH, AND SPEAKING IN OPPOSITION TO THE APPLICATION FOR VARIANCE. HE OBJECTED BOTH TO THE FORM AND THE SUBSTANCE OF THE APPLICATION, CLAIMING THAT THE APPLI— CATION MERELY DESCRIBES THE LENGTH AND WIDTH OF THE PROPERTY AND THE APPLICANT S DESIRE TO SUBDIVIDE INTO SEVEN LOTS, WHICH DOES NOT FULFILL THE REQUIREMENT TO DEMONSTRATE SPECIAL CONDITIONS AND CIRCUMSTANCES PECULIAR TO THIS LAND WHICH ARE NOT APPLICABLE TO OTHER LANDS, HE FURTHER NOTED THAT THE ORDINANCE REQUIRES THAT THE SPECIAL CONDITIONS DO NOT RESULT FROM ACTIONS OF THE APPLICANT. HE POINTED OUT THAT WHEN THE APPLICANT PURCHASED THIS PROPERTY, THEY HAD EVERY OPPORTUNITY TO REVIEW THE SUBDIVISION REQUIREMENTS, AND THIS IS, THEP.EFORE, AN ACQUIRED 11 HARDSHIP OF WHICH THEY SHOULD HAVE BEEN AWARE. MR. QUINN FELT IT WOULD BE VERY HARD FOR THE BOARD TO MAKE FINDINGS OF FACT 28 Fr SEP 16 1981 Book 47 PACE 497 IT WAS EXPLAINED TO THOSE PRESENT THAT IF THE APPLICANT GIVES A 50' DEDICATION, HE WILL MEET THE SUBDIVISION REQUIREMENTS AND CAN GO AHEAD AND SUBDIVIDE AND ALSO THAT THE INTENT OF THE PROPOSAL UNDER DISCUSSION WAS AN EFFORT BY THE TECHNICAL REVIEW COMMITTEE TO TRY TO REACH A MORE BENEFICIAL SOLUTION FOR THE PUBLIC BY HAVING TWO TRACTS OF LAND BENEFIT FROM ONE ROAD RATHER THAN HAVE ENTRANCES ON STATE ROAD AIA EVERY 140', DISCUSSION ENSUED REGARDING THE MEANDERING ROAD ON THE HOPWOOD PROPERTY AND WHETHER THERE WAS ANY POSSIBILITY OF REACHING AN AGREEMENT BETWEEN THE DEVELOPER AND MRS, HOPWOOD ABOUT HAVING A COMMON MEANDERING ROAD, JOHN LUTHER, MRS, HOPWOOD'S GRANDSON, STATED THAT HE AND HIS WIFE HAVE ACQUIRED THE RIVERFRONT PROPERTY ACROSS AIA. FROM f"iRS, HOPWOOD'S.PROPERTY AND THEY ARE BUILDING THEIR HOUSE ON 3-1/2 ACRES OF GROUND, THE PROPERTY OWNERS NEXT TO THEM ARE BUILDING THEIR INDIVIDUAL HOMES ON FIVE AND SIX ACRE LOTS, AND HE FELT THEY HAVE MADE A STATEMENT AS TO HOW THEY FEEL THE BEACH SHOULD BE DEVELOPED SO THAT VERO BEACH IS NOT ONE CONTINUOUS SUBDIVISION, HE THEN DISCUSSED ENVIRONMENTAL PROBLEMS, THE WATER PROBLEM IN THE AREA AND THE PROBLEMS THAT WILL BE CAUSED BY A LOT OF SEPTIC TANKS, GLENN WAKEMAN, PROPERTY OWNER IN SMUGGLER'S COVE,.SPOKE ABOUT LACK OF WATER IN THE SHALLOW AQUIFER AND THE PROBLEM OF EVACUATION OF THE BEACH IN THE EVENT OF A HURRICANE, AND EMPHASIZED THAT HE WOULD OBJECT TO ANY INCREASED DEVELOPMENT, IT WAS POINTED OUT THAT THERE ARE APPROXIMATELY 35 HOMES IN SMUGGLERS COVE AND ABOUT 25 HOMES IN WYNN COVE AND THAT THE PRO- POSED SALTAIR SUBDIVISION, WHICH IS THE SAME AREA AS ABOUT 20 LOTS IN THOSE SUBDIVISIONS, IS PROPOSED TO BE SUBDIVIDED INTO 6 OR 71.LOTS IT WAS ONCE AGAIN EMPHASIZED THAT IF A DEVELOPER HAS THE PROPER ZONING AND COMPLIES WITH THE ORDINANCE, THE BOARD HAS NO AUTHORITY TO TELL THAT DEVELOPER THAT HE CAN'T DEVELOP JUST BECAUSE HIS NEIGHBORS WOULD PREFER TO SEE THE PROPERTY REMAIN IN ITS NATURAL STATE, CATHY DETKO INFORMED THE BOARD THAT SHE HAS LIVED AT GRACEWOOD LANE FOR 15 YEARS; THE PROPERTY THERE IS VERY SPECIAL, AND SHE HAS BEEN ASSURED FOR MOST OF THIS PERIOD OF TIME THAT IT COULD NOT BE DEVELOPED BECAUSE IT DOES NOT MEET THE SUBDIVISIONS CODES, BASED ON THAT, SHE MADE NO ATTEMPT TO PURCHASE THAT PROPERTY, 30 BASED ON THIS APPLICATION TO JUSTIFY THE REQUESTED VARIANCE, AND FURTHER POINTED OUT THAT THE ADJACENT OWNER TO THE NORTH, WHOM HE REPRESENTS, HAS NO INTENTION OF SUBDIVIDING AND NO INTENTION OF GOING ALONG WITH THE RECOMMENDATION OF STAFF THAT THEY AT SOME FUTURE TIME CONTRIBUTE 25' ON THE SOUTH OF THEIR PROPERTY TO MAKE UP THE PROPOSED 50° ROAD; THE STAFF'S RECOMMENDATION IS, THEREFORE, BASED ON CONTINGENCIES WHICH ARE NOT FORTHCOMING, COMMISSIONER SCURLOCK LEFT THE MEETING AT 11:40 A.M. ATTORNEY CIANFRONE INFORMED THE BOARD THAT THE ORDINANCE IS CLEAR THAT THE APPLICATION MUST STATE THAT THERE ARE UNUSUAL CIRCUMSTANCES INVOLVED, AND THE BOARD WOULD HAVE TO DECIDE WHETHER THE DESIRE TO SUBDIVIDE INTO SEVEN 1/2 ACRE LOTS COMPRISES SUCH CIRCUMSTANCES, IN DISCUSSION, IT WAS NOTED THAT THE 1/2 ACRE LOTS ARE NECESSARY IN ORDER TO HAVE INDIVIDUAL WELLS AND SEPTIC TANKS, AND THE QUESTION OF WATER SUPPLY AROSE, DAN RICHARDSON, SON—I'N—LAW OF MRS. HOPWOOD, ADDRESSED THE BOARD, CONFIRMING THAT THIS IS BEAUTIFUL, NATURALLY VEGETATED PROPERTY WITH A MEANDERING ROAD UP TO -.THE BEACH, WHICH HAS ALWAYS INTENDED FOR FAMILY USE AND NOT FOR A FUTURE SUBDIVISION, MRS, HOPWOOD WISHES TO KEEP THIS PROPERTY THE WAY IT IS, AND FEELS THE RECOMMENDED PROPOSAL WOULD DOWNGRADE HER PROPERTY. JOHN MCPHERSON SPOKE REPRESENTING PELICAN LANE PROPERTY OWNERS AND STATED THAT THEY OPPOSE THE GRANTING OF THE VARIANCE WHICH THEY FEEL WOULD OPEN A FLOOD GATE FOR SIMILAR PARCELS ON THE ISLAND. HE FURTHER NOTED THAT AT A TIME WHEN THE COMMISSION IS INVOLVED IN A CONTROVERSIAL LAND USE PLAN AND TRYING TO PROTECT THE BARRIER ISLAND FROM BECOMING A CONCRETE JUNGLE, PASSAGE OF SUCH A VARIANCE WOULD RAISE QUESTIONS, AND HE FELT IT WOULD LEAD TO STILL MORE LAWSUITS. HE REQUESTED THAT THE BOARD LISTEN TO THE PEOPLE SO THEY WOULD NOT HAVE TO RESORT TO LITIGATION. CHAIRMAN LYONS DID NOT UNDERSTAND WHETHER THEY WERE OBJECTING TO THE SUBDIVIDING OF THIS PARCEL OR TO THE ROAD. w a00K 47 PAGE 496 m AND SHE DID NOT NOW UNDERSTAND HOW PEOPLE CAN BE ALLOWED TO PROFIT BY BENDING THE RULES AT SOMEONE ELSE'S EXPENSE. MRS. DETKO WAS ASKED IF THERE IS AN EASEMENT TO THE OCEAN FROM THIS PROPERTY, AND SHE STATED THAT IT IS BEING CONTESTED. MR. RICHARDSON STATED THAT HE REALIZED THAT IF THE DEVELOPER DOES PUT IN A 50' ROAD AND ABIDE BY THE ORDINANCE, HE CAN SUBDIVIDE, BUT NOTED THAT THE PRESENT ISSUE IS GRANTING A VARIANCE, CHAIRMAN LYONS COMMENTED THAT HE PERSONALLY WOULD VOTE AGAINST A VARIANCE BECAUSE HE DID NOT BELIEVE IT MEETS THE REQUIRE- MENTS, BUT HE DID NOT BELIEVE THIS WOULD PRECLUDE THE DEVELOPMENT OF THIS PROPERTY. ATTORNEY RODDENBERRY SPOKE IN REBUTTAL TO THE VARIOUS ARGUMENTS PRESENTED AGAINST THE GRANTING OF THE VARIANCE, NOTING THAT THE DEVELOPER IS AWARE OF THE BEAUTIFUL TREES ON THE HOPWOOD PROPERTY AND WOULD BE VERY AMENABLE TO WORKING WITH THEM, DR. FLOOD AS A RESIDENT OF SMUGGLER'S COVE EXPRESSED HIS CONCERN ABOUT HEALTH AND, DID NOT FEEL ANY MORE HOMES SHOULD BE ALLOWED INTO THIS AREA UNTIL THEY CAN PROVE THE WATER TABLE WILL SUPPORT THEM. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER BIRD, THE BOARD BY A 4 TO 0 VOTE, COMMISSIONER SCURLOCK BEING ABSENT FROM THE MEETING, DENIED THE REQUEST FOR THE VARIANCE APPLIED FOR BY SALT AIR COVE SUBDIVISION, THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:40 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 2:00 O'CLOCK WITH ALL MEMBERS PRESENT, COMMISSIONER SCURLOCK HAVING RETURNED TO THE MEETING, '11EETING OF SOUTH COUNTY FIRE DISTRICT C THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 2:05 P.M, IN ORDER THAT THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT MIGHT CONVENE. THOSE MINUTES ARE BEING PREPARED SEPARATELY. 31 efl�t 7 PAct 498 SEP 16 1981 pox 47 PAPE 499 THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 2:12 O'CLOCK P.M. WITH ALL MEMBERS PRESENT. ORDINANCE 8I-32 - REZONING FROM A To,R-1A (GRAVES AND MONROE) f� 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 River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann., Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of lt_l 4-3 kxe 61 in the Court, was pub- lished in said newspaper in the issues of 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 day of A.D. ivy-- 0 �� �f /(,BuWss Manager) CL, (SEAL) (Clerk of t e Circuit Court, Ind( River County, Florida) i 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, located In Indian River County, Florida, to -wit: A track of land WEST of 43RD AVENUE, ABUTTING KELLY ROAD TO THE NORTH and described as follows: Tract 8; Section 28, Township 33 South, Range 39 East, According to the last general Plat of lands of the Indian River Farms Company as ,filed in Plat Book 2, Page 25, public Records of St. Lucie County, Florida; said land now situated in Indian River County, Florida. LESS road rights-of-way and con- taining 38.91 acres, more or less Be rezoned from A -Agricultural District to R-lA Residential 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 the Board of County Commissioners of Indian River County, Florida, in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, September 16, 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 Aug. 25, 27,1981. _ NOTICE OF THE PUBLIC HEARING WAS SENT TO PROPERTY OWNERS, W. C. GRAVES, .JR., AND EARL MONROE, BY FREDA WRIGHT, CLERK, AS REQUIRED BY FLORIDA STATUTE 125.661 AND COPIES OF SAME ARE ON FILE IN THE OFFICE OF THE CLERK. M, p SENIOR PLANNER ART CHALLACOMBE REVIEWED THE FOLLOWING STAFF MEMO: TO: NEIL NELSON DATE: SEPTEMBER 16, 1981 FILE: ZC-81-18-453 COUNTY ADMINISTRATOR SUBJECT: REZONING FROM A—AGR I CULTURAL TO R -1A SINGLE FAMILY RESIDENTIA FROM: DAVID EVER REFERENCES: PLANNING AND ZONING DIRECTOR It is requested the data herein be given formal consideration by the Board of County Commissioners. 1. Description and Conditions �. Applicant requests rezoning of 38.9 acres located on the northwest corner of 13th Street S.W. and 43rd Avenue, from A -Agricultural to R -1A Single Family Residential: (4.3 units/acre). Applicant proposes to develop a single family residential subdivision. Shady Oaks Subdivision is a recorded subdivision on the east side of 43rd Avenue,. opposite subject property. A canal runs along the east side of 43rd Avenue. Subject property presently contains groves. The surrounding parcels on the northwest and south contain groves. Properties east of 43rd Avenue are zoned R-1 Single Family Residential (6.2 units/acre) while areas on the subject property's northern, western and southern -boundaries are in A -Agricultural (1 unit/5 acres) District. There is an R-1 Single Family District touching subject property's northwest corner. 2: Alternatives and Analysis A) Recommend approval of the request to rezone from A -Agricultural to.R-1A Single Family. This would allow development of the parcel at a density level appropriate to the level of utility service available. 43rd Avenue is a major collector, and 13th Street S.W., a minor' collector, will provide adequate access. The adjacent properties on the east are designated as single-family residential. The requested zoning would be in compliance with both the existing and proposed Comprehe-nsive Plans. B)_ Recommend disapproval of the request, leaving the A -Agricultural intact. 3. Recommendation - A) That the 38.9 acre site be re -zoned from A -Agricultural to R -1A Single Family Residential. B) That the Ordinance effecting the rezoning be adopted. MR. CHALLACOMBE REPORTED.THAT THE PLANNING & ZONING COMMISSION VOTED 5 TO 0 IN FAVOR OF THE REQUESTED REZONING. 33 Boa 7 PAU.' 0 BOOK 47 FnE501 OrP� SEP 16 1991 QUESTION AROSE AS TO THE CONDITION OF THE CITRUS ON THIS PROPERTY. NORMAN HENSICK, AGENT FOR MR. GRAVES AND MR. MONROE, REFERRED TO AERIAL PHOTOGRAPHS AND INFORMED THE BOARD THAT THERE ARE TWO TRACTS INVOLVED. THE FIRST TRACT WHICH IS VERY SPOTTY IS 35+ YEARS OLD, A LOT OF TREES HAVE DIED AND NOT BEEN REPLACED, AND PRODUCTION IS NOT GOOD. THE OTHER GROVE WHICH IS NOT AS SPOTTY IS ALSO IN EXCESS OF 35 YEARS OLD AND THE PRODUCTION RATE IS NOT THE BEST, THEY FEEL THAT WITH THE SPIRALING LAND COSTS, IT IS NOT FEASIBLE TO KEEP THIS LAND IN GROVES, AND WITH SHADY OAKS SUBDIVISION ACROSS THE STREET, THEY FEEL IT IS TIME TO MAKE A MOVE. DISCUSSION FOLLOWED REGARDING DENSITY. IT WAS NOTED THAT SHADY OAKS IS 2 UNITS PER ACRE, AND MR. HENSICK STATED THAT EVEN THOUGH THEY ARE APPLYING FOR R -IA, THEY WILL HAVE TO DEVELOP ON A 1/2 ACRE LOT BASIS IN ORDER TO HAVE WELLS AND SEPTIC TANKS. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HARD. E THERE WERE NONE, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON AOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 8I-32 GRANTING A REZONING FROM A TO R -IA ON LAND IN TRACT 8 AS ADVERTISED AND AS REQUESTED BY W, C, GRAVES, JR. AND EARL MONROE. ?: ,t.._ ';0. 81-32 WHEREAS, the Board of C.„ r.".i"-)si",•ierI of IndiJn R jer- County, Florida, did publ isn s-!. 1 i is ,l,,ti(:� of Intent to re -,Ore the hereinafter described prope!—y ,nI :ur•s!:ant thereto held pull is hearing in relation theretG, ,Ihl ,),i rt 11; 'rite rest a rif, ,.l t e!',s were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of ,ndian River County, Florida, that the Zoning Ordinance of Indian Riser County, Florida, and the accompanying Zoning Map, be amended as follo:is: 1. That the Zoning Mlap be changed in order that the follo,.ing descrited property situated in Indian River County, Florida, to -wit : Tract 8, Section 28, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company as filed in Plat Book 2, page 25, Public Records of St. Lucie County, Florida; said land now situate in Indian River County, Florida. LESS road rights -of -•ray and containing 38.91 acres, more or less Be changed from A-Acriculturai District to R -1A Single Family" Residential District. All with the rieaninc and intent and as set forth ina described in said Zoning Regulations. This Ordinance snail t;:k effect September 21, 1981. Boos 47 PASE502 r Blom 47 PnE'503 y� SEP 161981 APPEAL OF PLANNING & ZONING COMMISSION RECOMMENDATION NOT TO REZONE TOR 1PP BY ARISTEK PROPERTIES (LAKEWOOD VILLAGE P10BILE HOME PARK) 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 River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. v:ho on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper publis^ed at Vero Beach in Indian River County, Florida; that the attached copy of a;:vertisement, being a ZLIO Z', fD 4y, Q � 1 in the matter of _/1,C l" -7t' in the Court, was pub - lished in said newspaper in the issues of 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. ,.L Sworn to and subscribed before me this d'gay of ^ A.D._L:Fj,/ v�� F (Bu n ss anager) (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of Colinty 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, being A PORTION OF LAKEWOOD VILLAGE MOBILE HOME . PARK LYING EAST OF 90TH AVENUE, in Indian River' County, Florida to -wit: Tract 4, Section 11, Township 33 South, Range 38 East,. LESS the North 742.9 feet; AND the North 19.05 acres of Tract 5, Section 11, Township 33 South, Range 38 East,. less R. W's of Record. Be changed from R -IPM Mobile, Home Subdivision District to R -IMP, Mobile Horde 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, September 16, 1981, at 1:30 P.M. Indian River County Board of County Commissioners, By: Patrick B. Lyons, Chairman - Aug. 28, Sept. 9, 1981. SENIOR PLANNER ART CHALLACOMBE REVIEWED THE FOLLOWING STAFF MEMO: -^i IM6 M TO: Neil Nelson, County Administrator FROM: David Rgver Planning and Zoning Director ®ATE:FILE:_' September 16, 1981 ZC81-16-452-= .+ J • ms's � 1 �1) SUBJECT: ARISTEK PROPERTIES, LTD.�JCONTINIIJANCE OF AN APPEAL OF THE PLANNING AND ZONING COMMISSION RECOMMENDATION NOT TO REZONE 36.2 ACRES FROM R-WIM TO R-1 MP REFERENCES: .It is recommended that the date herein presented be given.formal consideration by the Board of County Commissioners in the form of a public hearing for September 16, 1981 -to appeal the Planning and Zoning Commission denial of rezoning request. 1. Description and Conditions: Applicant requests rezoning of 36.2 acres from R -IPM, Permanent Mobile Home Subdivision, to R-1MP, Mobile Home Park District. Subject prpperty is located on the -east side of 90th Avenue, one-quarter (1/4) mile north of 12th Street. Lakewood Village is adjacent _to the northern boundary of the subject property;and across from the site, on the west ..side of 90th Avenue. Subject property is presently vacant with dense vegetation. The site is designated as medium densityin the existing Comprehensive Plan. (More than 4 units/acre, but less than 12 units/acre). -Both the present and requested rezoning districts allow a maximum gross density of 8.7 units/acre mobile home, the major difference is that R -IPM, Permanent Mobile :Home Subdivision, allows residents to own the lots, while the R-lMP district allows ;;_the lots to be -leased. The following data indicates the other differences in the districts. EXISTING REQUESTED R -IPM PERMANENT MOBILE -~ -_ HOME SUBDIVISION 1. Minimum floor area is 550 sq. ft. (Sec. 13, (d) (1). =2. Minimum lot size is 5,000 sq. ft. 3. Maximum lot coverage is 40% -- (Sec. 13, (e) (1). 4. Minimum front yard depth is 20 ft. (Sec. 13, (f). 5. 6. 7. Minimum rear yard depth is 20 ft. Sec. 13, (g). Minimum pavement width is 20 ft. Sec. 13,' (i ) (3) Public address system prohibited 8. Not specified R-lMP MOBILE HOME PARK 1. No minimum floor area required (Sec. 14 (d) (1). 2. Not specified. 3. Maximum lot coverage is 450. (Sec. 14, (d) (1). 4. Minimum front yard depth is 10 ft. (Sec. 14, (f). 5. Minimum rear yard depth is 10 ft. Sec. 14, (g). 6. Minimum pavement width is 18 ft. Sec. 14, (i) (3) 7. Not specified 8. Recreation/park areas must have 1 acre for the first 20 acres and .04 acres for each additional acre (Sec. 14, (i) (5) SEP 161981 mox 47 PAGE504 .4 r SEP 16 1991 2. Alternative and Analysis: Box 47 PAPE505 A) Approval of rezoning request. This will accommodate the applicant's development plan without significantly altering the land use. The mobile home park is compatible with existing land use configurations and conforms to the present Comprehensive Plan. B) Deny the request. This alternative will leave the present rezoning districts in tact; the potential land use configuration will also remain the same. On June 25, 1981, the Planning and Zoning Commission voted 3-1 (Mr. Tippin cast the dissenting vote) not to recommend approval of the request to rezone 35.2 acres from R -IPM, Permanent Mobile Home Subdivision, to R-lMP I'lobile Home Park District. Pursuant to Section 27 Zoning Amendments, Subsection (b) Amendment Procedures, Ordinance No. 81-9, John Seibel, Aristek Properties, Ltd., President, Submitted an appeal to the Board of County Commissioners. The appeal is dated June 29, 1981. On Aug. 19, 1981 the applicant was granted a continuance to Sept. 16, 1981. 3. Recommendations: A) The Planning Department recommends the 36.2 acre tract be rezoned from R-lPM Permanent Mobile Home Subdivision to R -IMP Mobile Home Park: B) That the Ordinance effecting the rezoning be adopted. ' 1 i ARISTEK PROPERTIES. - LTD-,', 1 ' Ntl�.ZC-61r16 II t tom, -t! 12TH S f 335= 1 3.1---:21 I t I 1 i Gioi I ��� � i •� 1` a�Itai TRA 1� •.'t 1 Ia t f � a`�1l.. '.,� ;t; �t. v�.F `t�fr' itp�t 1 I51�•.I I{r iI'S (;( t ljns�, 1111 ' � J �(� 9 I R %a s�Kklq. t � I � �t � (..I }� [ 11�'' '6 1 � ' {,. . r.t.... tl�'t9r1?�{'�.• , TF II tt H '�I ' 1 i ARISTEK PROPERTIES. - LTD-,', 1 ' Ntl�.ZC-61r16 II t tom, -t! 12TH S f 335= 1 3.1---:21 I t I 1 i Gioi I ��� � i •� 1` a�Itai TRA 1� •.'t 1 Ia t f � a`�1l.. '.,� ;t; �t. v�.F `t�fr' itp�t 1 I51�•.I I{r iI'S (;( t ljns�, 1111 ' � J �(� 9 I R %a s�Kklq. t � I � �t � (..I }� [ 11�'' '6 1 � ' {,. . r.t.... tl�'t9r1?�{'�.• , TF THE BOARD WENT OVER DIFFERENCES IN THE R-1PM AND R -IMP CATE- GORIES. PLANNING DIRECTOR REVER EXPLAINED THAT IN THE PERMANENT MOBILE HOME CATEGORY YOU WOULD HAVE A LOT JUST AS IN ANY OTHER SUBDIVISION WHILE IN THE R -IMP (TRANSIENT), THERE IS A SPACING REQUIREMENT OF 20° BETWEEN PRINCIPAL LIVING STRUCTURES. ALL IN ALL, HE BELIEVED THE DIFFERENCES BETWEEN THE TWO CATEGORIES ARE MINIMAL. AS TO HAVING LESS UNITS IN ONE CATEGORY THAN IN THE OTHER, MR. REVER STATED THAT IF THE R -IMP WERE DEVELOPED AT THE ABSOLUTE MINIMUM REQUIREMENTS, YOU MIGHT BE ABLE TO GET A SLIGHTLY INCREASED NUMBER OF UNITS, BUT IN MOST CASES, THEY DO NOT EVEN APPROACH MINIMUM STANDARDS, ATTORNEY CHESTER CLEM CAME BEFORE THE BOARD REPRESENTING ARISTEK PROPERTIES AND CHAMPION HOME BUILDERS, HE REVIEWED THE HISTORY OF THE PROPERTY NOTING THAT IT WAS ORIGINALLY ZONED R-1MP, BUT WAS CHANGED TO R -IPM BY A PREVIOUS OWNER, UNDER WHOSE OWNERSHIP THE PROPERTY WENT INTO RECEIVERSHIP. THIS HAS CREATED AN UNUSUAL SITUATION IN THAT THIS 35.6 ACRES IS LOCATED ENTIRELY WITHIN A 130 ACRE TRACT PRESENTLY ZONED R -IMP AND IT IS SURROUNDED BY RENTAL MOBILE HOME PARKS, THE PRESENT OWNER SIMPLY IS TRYING TO GET THIS PROPERTY BACK TO ITS.ORIGINAL ZONING. ATTORNEY CLEM CONTINUED THAT THE INDIAN RIVER FARMS DRAINAGE DISTRICT ATTORNEY, MICHAEL O'HAIRE, EXPRESSED CONCERN ABOUT THE TAX STRUCTURE FOR RENTAL MOBILE HOME PARKS, AND THEY HAVE BEEN WORKING WITH ATTORNEY O'HAIRE IN THIS REGARD AND HAVE AGREED FOR THIS PROPERTY TO BE TAXED ON A PER LOT BASIS INSTEAD OF PER ACRE AS FAR AS THE DRAINAGE DISTRICT IS CONCERNED. ATTORNEY CLEM BELIEVED THIS WAS THE ONLY OBJECTION THAT WAS RAISED. HE FURTHER NOTED THAT IF THIS PROPERTY WERE LEFT IN THE PERMANENT MOBILE HOME PARK CATEGORY, THE $25,000 HOMESTEAD EXEMPTION WOULD PREVENT ANY GREAT ADDITION TO THE COUNTY'S TAX BASE, AND HE BELIEVED THE COUNTY WOULD BENEFIT MORE FROM THE TAG MONEY THAT WOULD COME BACK TO THE COUNTY FROM THE RENTAL PARK. CONSIDERABLE DISCUSSION FOLLOWED IN REGARD TO THE PROBLEMS THAT HAVE BEEN BROUGHT TO THE BOARDS ATTENTION BY RESIDENTS OF MOBILE HOME RENTAL PARKS, AND AS TO THE FACT THAT THERE IS A VERY LIMITED AMOUNT OF LAND IN THE COUNTY WHERE IT IS POSSIBLE TO PUR- CHASE A LOT AND INSTALL A MOBILE HOME, Pf} 39 boa 47 PAGE 506 r BOOR 47 PAGE 50 7 16 198T ZONING DIRECTOR DEWEY WALKER REPORTED THAT BESIDES THE PROPERTY PRESENTLY UNDER CONSIDERATION FOR REZONING, THERE ARE 205 ACRES ZONED R -IPM, MAINLY LOCATED IN THE NORTH END OF THE COUNTY. APPROXIMATELY 80% OF THIS ACREAGE IS UNDEVELOPED AT THIS TIME. ATTORNEY CLEM EMPHASIZED THE NECESSITY FOR SITE PLAN REVIEW OF THE RENTAL MOBILE HOME PARK, THE OVERALL PLANNING WHICH WOULD INCLUDE A CLUB HOUSE AND LAKE, AND THE FACT THAT THERE ARE REGULATIONS WHICH REQUIRE THE UNITS TO BE KEPT UP TO CERTAIN STANDARDS. THE PROBLEM OF TURNOVER IN OWNERSHIP OF MOBILE HOME RENTAL PARKS WAS BROUGHT UP, AND JOHN SEIBEL OF ARISTEK PROPERTIES, INFORMED THE BOARD THAT HIS COMPANY HAS DEVELOPED ABOUT 12,000 SITES IN MOBILE HOME RENTAL PARKS ALL OVER THE UNITED STATES, AND THEY HAVE NEVER SOLD ONE OF THEIR PARKS. AS TO PEOPLE MOVING THEIR TRAILERS FROM ONE PARK TO ANOTHER, MR. SEIBEL EXPLAINED THAT IS NOT THE WAY IT IS DONE. A PERSON MOVING INTO A PARK IS REQUIRED TO BUY THEIR MOBILE HOME FROM THAT PARK'S SALES CENTER. HE POINTED OUT THAT THIS DOES NOT TRAP A MOBILE HOME OWNER IN A CERTAIN PARK AS HAS BEEN CLAIMED BECAUSE THERE IS A VERY ACTIVE MARKET IN RESALE OF MOBILE HOMES. MR. SEIBEL INFORMED THE BOARD THAT THE LOTS IN A PERMANENT MOBILE HOME PARK DO NOT SELL AS WELL BECAUSE THERE IS NOTHING TO FORCE THE INDIVIDUAL OWNER TO KEEP UP THEIR PROPERTY WITH THE RESULT THAT IT BECOMES RUN DOWN, AND, THEREFORE, TO HAVE THIS R-lPM ZONING REMAIN IN THE CENTER OF THEIR R-lMP PROPERTY WOULD BE VERY DETRIMENTAL TO THEIR TRYING TO DEVELOP ONE LARGE COORDINATED PROJECT. MR, SEIBEL URGED THAT THE BOARD RETURN THE ZONING TO ITS ORIGINAL R-1MP. WILLIAM KOOLAGE, INTERESTED CITIZEN, SPOKE OF PROBLEMS RELATED TO RENTAL MOBILE HOME PARKS AND ASKED THAT THE BOARD ACT WITH CAUTION. COMMISSIONER FLETCHER WISHED TO KNOW IF A PERSON MOVING INTO SUCH A PARK IS GIVEN ANY GUIDEINES IN REGARD TO SELLING HIS PROPERTY AT A FUTURE TIME, AND ATTORNEY CLEM REPORTED THAT STATE STATUTE ALLOWS SUCH A MOBILE HOME OWNER TO SELL HIS UNIT AT ANY TIME AND IN ANY REASONABLE FASHION, AND THEY DO NOT HAVE TO GO THROUGH THE PARK MANAGEMENT. IT WAS DETERMINED THAT NO ONE FURTHER WISHED TO BE HEARD, AND ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING, COMMISSIONER SCURLOCK STATED THAT WHILE HE STILL HAS PROBLEMS RE MOBILE HOME RENTAL PARKS, HE FELT THAT THE APPLICANT HAS LAID OUT A FAIR CASE FOR THE NEED FOR THE REZONING, MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, TO OVERRULE THE RECOMMENDATION OF THE PLANNING & ZONING COMMISSION, AND ADOPT ORDINANCE 81-33 REZONING THE SUBJECT PROPERTY TO R-1MP AS REQUESTED BY ARISTEK PROPERTIES, COMMISSIONER WODTKE STATED THAT IN VIEW OF THE FACT THERE IS NO OTHER WAY THIS PROPERTY CAN BE DEVELOPED EXCEPT AS MOBILE HOME, HE BELIEVED IT WOULD BE BETTER TO HAVE IT COORDINATED WITH THE RE- MAINDER OF THE PROPERTY, HE EXPRESSED CONCERN ABOUT THE TAXATION SITUATION BUT FELT THAT PROBLEM NEEDS TO BE ADDRESSED ON AN OVER- ALL STATEWIDE BASIS. COMMISSIONER BIRD COMMENTED THAT HE FELT WE SHOULD TRY TO DISCOURAGE EXPANSION OF ANY MORE RENTAL MOBILE HOME PARKS IN THE COUNTY UNTIL WE CAN GET A BETTER HANDLE ON THE VARIOUS PROBLEMS PRE- SENTED IN THE MOBILE HOME REPORT, BUT IN THIS PARTICULAR CASE, THE PROPERTY IS ACTUALLY AN INTEGRAL PART OF AN OVERALL COORDINATED DEVELOPMENT, AND HE FELT IT SHOULD CONFORM WITH THE BALANCE OF THE PROPERTY. COMMISSIONER FLETCHER DID NOT BELIEVE THERE WAS ANY OTHER VIABLE ALTERNATIVE FOR THIS PARTICULAR PIECE OF PROPERTY, BUT STATED THAT HE WOULD LIKE TO SEE THAT THE AMOUNT OF ACREAGE FOR PERMANENT MOBILE HOMES THAT WILL BE DELETED BY THIS REZONING IS REPLACED, CHAIRMAN LYONS STATED THAT HE PLANNED TO VOTE FOR THE REZONING ON THE BASIS OF THE EXISTING SITUATION OF THE PROPERTY, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SEP 16 1991 41 860f 47 PAGE 508 � J �00� 47 PAGE 5��.. 1 �P 16 1991 _ ORD:iiAiiCE i;0. 81-33 , WHEREAS, the Board of County Commissioners of Indian River County, Fl.orida', 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; N01W, 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 MaR, be amended as follows: 1. That the Zoning llap be changed in order that the following described property situated in Indian River County, Florida, to -wit: Tract 4, Section 11, Township 33 South, Range 38 East, LESS the North 742.9 feet; AND the North 19.05 acres of Tract 5, Section 11, Township 33 South, Range 38 East, less R/1,4's of Record. Be changed from R-1 PM 1-lobiie Home Subdivision District to R -IMP Mobile Home District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect September 21, 1981. CHANGE ORDER #67- ADMINISTRATION BUILDING -xT CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS EXPLAINED CHANGE ORDER #67 AND RECOMMENDED APPROVAL. LOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER FLETCHER, TO APPROVE CHANGE ORDER #67 - COUNTY ADMINISTRA- TION BUILDING, WITH THE NORMAL STIPULATION THAT BY APPROVING THE CHANGE ORDER THE COUNTY DOES NOT WAIVE ANY RIGHTS IT HAS TO CLAIM DAMAGES AGAINST THE CONTRACTOR OR THE ARCHITECT BECAUSE OF OMISSIONS OR OTHER REASONS THAT MAY ARISE. COMMISSIONER FLETCHER REQUESTED THAT THE OLD VALVES BE SALVAGED AS WELL AS ANYTHING ELSE THAT IS SALVAGEABLE, AND MR, KONTOULAS REPORTED THAT ALL THE COPPER ITEMS ALREADY HAVE BEEN SALVAGED AND'WE HAVE BEEN PAID FOR THEM, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SEP 161991 43 p 01 ►� A Z u BOQK ,1 PAGE 51 .. CHANGE AR HITtCT ~TRACTOR ORDER FIEELD D AIA DOCumfNT 0701 OTHER nOJECT: Indian River County CHANCE ORDER NUMBER: 67 n me Idd.ess) County Administration Bldg. TC) (Contractor) --1 ARCHITECT'S PROJECT NO: 9363 Reinhold Construction Inc. CONTRACT FOR: Add i t ions and Renovations P- o,13ox 666 Cocoa, FL 32922 L_ CONTRACT DATE: 4/2/30 °;'ou are directed to make the following changes in this Contract: Cp_109 Replace one(1) 41, gate valve-IBBM- flanced ends. Replacement of this valve is necessary to co-plete 7G$,59 testing of piping system. An unforeseen cocition Cp-114 Repair the two (2) missinq awnirq type panes In the window to Room 5164. The repairs to equal Gid catch the existing.$ 1,092.29 AT OWNER'S REQUEST. (NOTE: SEE CLARIFICATION CP -114 DATED 8/214/_21) Replace avminq type window in rope, 5164- to rr.atch Exis:inq. as requested by 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, ilie eontractof 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 sdocurr.entS. $ 2,748,000.00 The original Contract Sum was . . . S 344,500.23 Net change by previous Change Orders . . . . . . . • • • • • • . S 3,092,500.23 The Contract Sum prior to this Change Order was . . . . . . . . . • . • The Contract Sum will be (increased) Cai�C4�?si�i!? 2S1n},ktt` yY this Chance Ower . S ; ,094,391 . 1 1 The new Contract Sum including this Change Order will be . . . • • • • . • . (-----) DaNs. The Contract Time will be (Increased) (decreased) (un�hangcd) by he Date of Completion .s of the date of this Change Order therefore ,s COI,t�ELL METCALF & EDDY REINHOLD CONST=UCTION INIZ. I.PrW 7,,o - [PN'-RACi09, 0 DI HlghwaY PP Box 666 e.ddress Address Coral Gables, FL 33134 Cocoa, F1 �2 Ly - 1D A,T f y DATE � 1\ DATE C AIA DOCUVANT 0711 - CHANCE ORDER - APP.I1 1970 EDITION - AIA.0 - C 1970 - THE AmiR.CAN I\STITUTE Or ARCHITECTS, 1735 NEN YORK AVE., Nw, K,SHINCTON, D C. 20CVb IND Ir.N RIVER COUI.TY 14th Ave Address Veraleach-, Fr 32c,16R, ATE i L /�� O%E PACE ENGINEER .JOHN ROBBINS INFORMED THE BOARD THAT HE HAS RE- CEIVED FULLY EXECUTED DOCUMENTS FROM THE CONTRACTORS WHO WERE AWARDED THE BIDS ON CONSTRUCTION OF THE SOUTH COUNTY WATER SYSTEM, AND THESE DOCUMENTS NOW REQUIRE THE SIGNATURE OF THE CLERK, THE CHAIRMAN, AND THE ATTORNEY; HE CONTINUED THAT WHEN THESE DOCUMENTS ARE SIGNED, HE WOULD BE TAKING THEM DIRECTLY TO THE FMHA STATE DIRECTOR'S OFFICE IN TALLAHASSEE; THE LETTER OF COMMITMENT IS BEING TYPED AT THIS TIME, AND HE ANTICIPATED NO PROBLEMS WITH THE FMHA AT THIS POINT, ON MOTION BY COMMISSIONER VIODTKE, SECONDED BY COMMISSIONER SCURLOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE APPROVED CONTRACT PART I - (SOUTH COUNTY WATER SYSTEM) DISTRIBUTION SYSTEM WITH SCARBOROUGH CONSTRUCTIONS, INC. IN THE AMOUNT OF $902,097,35, AND APPROVED THE SIGNATURES OF THE APPRO- PRIATE COUNTY OFFICIALS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE APPROVED CONTRACT PART II - (SOUTH COUNTY WATER SYSTEM) REVERSE OSMOSIS EQUIPMENT WITH WATER SERVICES OF AMERICA, INC., IN THE AMOUNT OF $1,217,091.00, AND APPROVED THE SIGNATURES OF THE APPROPRIATE COUNTY OFFICIALS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE APPROVED CONTRACT PART III - (SOUTH COUNTY WATER SYSTEM) REVERSE OSMOSIS EQUIPMENT SUPPORT FACILITIES WITH GULF CONSTRUCTORS, INC., IN THE AMOUNT OF $3,455,100.00 AND APPROVED THE SIGNATURES OF THE APPROPRIATE COUNTY OFFICIALS. SAID CONTRACTS WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN FULLY EXECUTED AND RECEIVED. ENGINEER ROBBINS REPORTED THAT THE FMHA FUNDS WHICH WERE NOT ALLOCATED FOR 1981 HAVE BEEN EXHAUSTED, AND HE WILL LEARN ABOUT THE FUNDS FOR 1982 AFTER OCTOBER 2ND. IN ANY EVENT, OUR APPLICATION IS STILL ON FILE AND WILL BE ASSIGNED A PRIORITY, SEP 16 1981 45 now 4 7 PAPE 512 �V SEP 161981 86OX 4 7 PAGE 513 COMMISSIONER FLETCHER REQUESTED THAT THE MEMO OF THE INTERGOVERNMENTAL COORDINATOR WHICH IS IN REGARD TO MAKING SURE THAT THE TAX ANTICIPATION NOTE MONEY WHICH IS BORROWED FROM THE MUNICIPAL SERVICE FUND ACCOUNT DOES NOT GET LOST IN THE FMHA SHUFFLING OF MONEY, BE MADE A PART'OF THE MINUTES AS FOLLOWS: TO: Board of County Commissioners DATE: September 14, 1981 FILE: THRU: Neil A. Nelson, S U BJ ECT: Budget - Municipal Service County Administrator Fund Account #004-513- 99.96 $480,125.00 FROM: REFERENCES: L. S. "Tommy" Thomas Intergovernmental Coordinator Description I do not believe that the above account #004-513-99.96 should be classified either as an expense item or a reserve. It is the intent that these funds shall eventually come from a new Bond Issue to be sold to Farmers Home Ad- ministration. This sale has been authorized by the Board of County Commissioners and has been approved in concept by the,Farmers Home Administration. We currently have $1,900,000.00 set aside for us by agreement with Farmers Home Administration dated in 1973. Recommendation I recommend that we issue Tax Anticipation Notes in the amount of $500,000.00. These should be issued after October 1, 1981. When the new Bonds are validated (during fiscal 1981-82), the Tax Anticipation Notes should be replaced with Bond Anticipation Notes in the amount of $500,000.00. These will be paid in full when the final Bonds are sold to Farmers Home Administration. I am greatly concerned that we would use money from the Municipal Service Funds (all of the unincorporated areas of Indian River County), to secure and finance a project that is within the South County Water Taxing District only. If this recommend- ation is accepted, this will release $480,125.00 from the expense side of the budget - which in turn will lower the ad -valorem tax in the Municipal Service Fund up to this amount. I have cleared this matter with Joe Collins, County Attorney. ATTORNEY COLLINS REQUESTED THAT THE BOARD AT THIS POINT APPROVE A RESOLUTION ASSURING FARMERS HOME ADMINISTRATION THAT THE COUNTY WILL PAY THE SHORTFALL OF $425,808.81 NECESSARY TO ASSURE SUCCESSFUL COMPLETION OF THE SOUTH COUNTY WATER SYSTEM IMPROVEMENTS. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS— SIONER SCURLOCK, TO APPROVE RESOLUTION 81-62 MAKING ASSURANCES TO FMHA AS ABOVE AND APPROVE THE SIGNATURE OF THE CHAIRMAN. 46 -r m COMMISSIONER FLETCHER EXPRESSED CONCERN ABOUT THE WORDING AND WISHED IT MADE CLEAR THAT NO COUNTY TAXPAYER OUTSIDE OF THE SOUTH COUNTY WATER DISTRICT WILL.HAVE TO PAY THESE MONIES, AFTER SOME DISCUSSION, IT WAS AGREED TO AD A PHRASE TO THE SIXTH PARAGRAPH OF THE PROPOSED RESOLUTION STATING THAT THE "SHORTFALL OF $425,808,81 WILL BE ASSUMED AND PAID BY INDIAN RIVER COUNTY IN TIMELY FASHION, FROM COMMISSIONERS WODTKE AND SCURLOCK AGREED TO AMEND THEIR MOTION TO INCLUDE THIS WORDING, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION, 47 AU@I( 7 mrE5l4 r SEP 161991 Bm 47 PArE,51:5 RESOLUTION NO. 81-_(R2 WHEREAS, Indian River County has received a commitment from the Farmers Home Administration to borrow $5,825,000.00 for the engineering, construction and completion of the South County Water System; and WHEREAS, the County will receive from the Farmers Home Administration certain grant funds in the amount of $796,900.00; and WHEREAS, Indian River County has completely engineered the project, purchased the land, completed the test well program and issued notice of award on the subject project; and WHEREAS, Indian River County has received all permits necessary to construct the subject project; and WHEREAS, Indian River County will have a shortfall of $425,808.81 representing the difference between loan grant and other income items subtracted by contract amounts and associated fees and expenses, all as reflected in the contract documents and other information provided to the Farmers Home Administration; and WHEREAS, the Farmers Home Administration desires assurances from the Board of County Commissioners of Indian River County, Florida, that the shortfall of $425,808.81 will be assumed and paid by Indian River County in timely fashion, from non -ad -valorem source dollars. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, as an inducement to the Farmers Home Administration in issuing the take-out letter as required by County commitments to the interim lenders and approving the contract documents, Indian River County hereby agrees to assume and pay the. shortfall amount as above described. BE IT FURTHER RESOLVED that the Board of County Commissioners of Indian River County, Florida, will cooperate in every regard with Farmers Home Administration to assure successful completion of the South County Water System improvements. Attest: 0A.Z-4, cl J/ Freda Wright, Cle k of Circuit Court COUNTY COMMISSIONERS RIVER CQUNTY , FLORIDA ./ L'y,6iis, Chairman a I PRELIMINARY PLAT APPROVAL — GREENLEAF SUBDIVISION THE ADMINISTRATOR REVIEWED THE FOLLOWING MEMO AND RECOM— MENDED PRELIMINARY PLAT APPROVAL: TO: The Honorable Memebers of the DATE: September 9, 1981 FILE: Board of County Commissioners ` Request for Preliminary Plat Approval SUBJECT: Greenleaf Subdivision - approx. 19 acres containing 8 lots, zoned R1 E Owner: George Childers FROM: Neil A. Nelson, County Admn.REFERENCES: Letter - Paul F. Rosskamp to Neil Nelson dated Sept. 9, 1981 DESCRIPTION AND CONDITIONS The owner's Land Surveyor of Record, Paul F. Rosskamp, is requesting preliminary plat approval of Greenleaf Subdivision. The Technical Review Committee reviewed the project on S=eptember 8, 1981, and all TRC comments have been incorporated into revised drawings. ANALYSIS AND ALTERNATIVES Since all TRC comments have been applied, the County staff has no objection to approval of this preliminary plat. RECOMMENDATIONS AND FUNDING Preliminary plat approval for Greenleaf Subdivision is recommended. There are no funding considerations to be addressed by the Board. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO THE PLAT OF GREENLEAF SUBDIVISION, ...... .... CO oty SANITARY LANDFILL BORROW PIT DISCHARGE ENGINEER RICHARD VOTAPKA OF BEINDORF & ASSOCIATES REVIEWED THE FOLLOWING MEMO & GAVE THE HISTORY OF THE SITUATION: 49 SEP 161991 BOOK 47 PALE 516 BOOK 7 PAGE 5 7` TO: The Honorable Member of the DATE: September 3, 1981 FU: Board of County Commissioners SUBJECT: Indian River County Landfill Borrow Pit Discharge to Indian River Farms Water Management District FROM: Neil A. Nelson, REFERENCES: Richard B. Votapka,P.E. Beindorf County Administrator and Associates to Neil Nelsor' dated August 18, 1981 \ DESCRIPTION AND CONDITIONS \ The County Landfill is currently under violation of State Water Quality Standards as determined by the Florida DER for discharging water of excess turbidity to the C-6 Indian River Farms Canal. Beindorf and Associates, the Engineering Consultant for the Landfill, has investigated the problem and has recommended a course of action via the above referenced memo. ALTERNATIVE AND ANALYSIS The recommended cure involves construction of interconnecting settling basins, appurtanances,-and turbidity curtain near the pump discharge. The other alternatives investigated are presented in the above referenced memo. The Engineering Department has reviewed the proposed plan and has no objection to the recommended alternative. RECOMMENDATIONS AND FUNDING It is recommended that the following action be taken by the Board: 1) Approve the Sedimentation Basins proposal method of treatment out- lined in Mr. Votapka's memorandum. 2) Authorize Beindorf and Associates to apply for the Construction Permit to be issued by the Florida DER. 3) Approve funding in the amount of $10,000. from account no. 411- 217-534-34.65 (unencumbered balance of September 3, 1981 is approximately $42,785.), General Operating Funds for the Landfill for the construction required and necessary incidental work by the _ County. 4) Approve construction of the settling basins and appurtanances. MR, VOTAPKA NOTED THAT THE SEDIMENTATION METHOD WOULD BE THE LEAST COSTLY AS THE SETTLING BASIN CAN BE EXCAVATED BY THE EARTH MOVING EQUIPMENT LOCATED AT THE LANDFILL, AND THE EXCAVATED MATERIAL CAN BE USED AS COVER FOR THE DAILY LANDFILL OPERATIONS. IN DISCUSSION IT WAS NOTED THE BEINDORF & ASSOCIATES WORKED WITH POST, BUCKLEY, SCHUH & JERNIGAN AS A JOINT VENTURE IN THE DEVELOP- MENT OF THE SANITARY LANDFILL AND THIS PROBLEM AROSE AFTER THE LANDFILL WAS BUILT AND THE D.E.R. SAID WE NEEDED AN INDUSTRIAL WASTE DISCHARGE PERMIT. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE TO APPROVE THE FOUR RECOMMENDATIONS LISTED IN THE ADMINISTRATOR'S MEMO OF SEPTEMBER 3, 1981. DISCUSSION AROSE ABOUT ENGINEERING COSTS WHICH WERE NOT INCLUDED IN THE PROPOSED FUNDING OF $10,000, AND ADMINISTRATOR NELSON REPORTED THAT THE CONTRACT WE HAVE WITH POST, BUCKLEY, SCHUH & JERNIGAN AND BEINDORF & ASSOCIATES HAS NOT BEEN CHANGED SINCE THE ORIGINAL STAGES OF THE LANDFILL OPERATION IN 1976, IN FURTHER DISCUSSION, IT WAS GENERALLY AGREED THAT WE NEED ANNUAL OR SEMI-ANNUAL REVIEW OF ALL CONTRACTS, AS TO SPECIFIC ENGINEER- ING COSTS ON THIS MATTER, ENGINEER VOTAPKA STATED THAT HE WOULD HAVE TO RESEARCH THEIR RECORDS AND REPORT BACK. COMMISSIONER WODTKE WISHED TO INCLUDE IN THE MOTION THAT ALL COSTS THAT ARE INVOLVED ARE COSTS THAT WERE INCURRED AND CHARGED TO THE LANDFILL ACCOUNT, COMMISSIONER SCURLOCK HAD NO OBJECTION, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, PERMIT BETWEEN INDIAN RIVER FARMS WATER CONTROL DISTRICT AND THE COUNTY IS HEREBY MADE A PART OF THE MINUTES, 51 BOOK 47 PAGE 518 � PACE STP 16 1981 i PERMIT THIS PERMIT issued this JQ day of n , 1981, by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a Drainage District organized and existing under the General Drainage Laws of the State of Florida, whose address is 4400 20th Street, Vero Beach, Florida, hereinafter referred to as the "District", and INDIAN RIVER COUNTY, a municipal corporation of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for discharge of waters and liquids into District's Main Canal, provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. Permittee assumes full responsibility for any dis- charge into or use of District facilities or structures, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 2. This Permit may not be assigned or subletted to a third party and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without move, cancel, nullify and revoke this Permit. 3. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and can- cellation upon thirty days' notice from District to Permittee, provided, that there is not outstanding and unpaid principal indebtedness on a bond issue to secure payment of construction by Permittee. 4. In no event shall the District be liable for any i damages done or caused by the District to the public, to Permittee or any other person, using District's facilities or structures i subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense of claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to this Permit. Permittee shall, ith, O'Haire, Quinn & Garris, Attoraw, 3111 Cardinal Drive, Vero Beada 32960 mmmmM5) 231-6900 at any time upon request of District, provide to District evidence, satisfactory to District, of liability insurance coverage in amounts and with companies as may be required by District, pro- tecting the interests of District and naming District as an additional insured. 5. The District may, on thirty days' written notice to Permittee, require alteration or relocation of any installation or construction on District right-of-way. 6. Any construction on District right-of-way or pro- perty and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 7. Permittee shall advise District's office prior to commencement or completion of all construction. 8. Permittee shall not discharge any materials not approved by the Environmental Protection Agency of the United States Government or the Department of Environmental Regulation of the State of Florida or pollutants, contaminants, or deleter- ious materials which may be dangerous into waters or structures ,owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. i IN WITNESS WHEREOF, said District has caused these 'presents to be executed in its name by its President and attested by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By: Presi ent Attest: ecra y- (SEAL) -2- Smith, O'Haire, Quinn & Garris, Attorneys At Law, 3111 Cardinal Drive, Vero Beach ,Florida 32960 SEP 16 1981 (305) 231-6900 Boa 7 PAGE 5,20 r. � ;SEP 161981 BOOK 4 7 PAPE521, INDIAN RIVER COUNTY hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this �. day of , 1981. Signed, sealed and delivered in the presence of: 9 � L i u as Permittee -3- Mmith, O'F aire, Quinn & Garris, AttoM Law, 3111 Cardinal Drive, Vero Bewrida 32960 (305) 231-6900 REDISTRICTING PRESENTATION BY SUPERVISOR OF ELECTIONS ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, EXPLAINED THAT EVERY TEN YEARS IT IS REQUIRED THAT WE REDISTRICT TO BALANCE OUT THE DISTRICTS AS MUCH AS POSSIBLE. MRS. RICKEY THEN REFERRED TO A MAP AND WENT INTO CONSIDERABLE DETAIL AS TO HOW SHE HAD TRIED TO RELATE THE CENSUS FIGURES TO THE VARIOUS DISTRICTS, THE REDISTRICTING BEING BASED ON POPULATION RATHER THAN REGISTERED VOTERS, SHE STATED THAT IN THE PROCESS SHE TRIED TO INCLUDE A MUNICIPALITY , OR PART OF ONE, IN EVERY DISTRICT; IN ADDITION, SHE MADE SOME CHANGES IN PRECINCTS AND ADDED TWO NEW ONES. THE COMMISSIONERS DID NOT HAVE ANY MAJOR PROBLEMS WITH THE CHANGES PROPOSED BY MRS, RICKEY, BUT WISHED TO HAVE MORE TIME TO RE- VIEW THE PROPOSED CHANGES, IT WAS AGREED TO TAKE THIS MATTER UP AGAIN AT THE OCTOBER 7TH MEETING, SOUTH BEACH WATER AGREEMENT COMMISSIONER SCURLOCK REVIEWED MODIFICATIONS TO THE PROPOSE -j AGREEMENT, NOTING THAT AT ONE OF THE ADDITIONAL MEETINGS HELD, CITY COUNCILMAN GREGG INTRODUCED A MODIFICATION ON PAGE 41 SECTION 3, WHERE WE INSERTED LANGUAGE STATING THAT THE COUNTY AGREES TO ENGINEER, LET, CONSTRUCT, CONTRACT OR FUND THE IMPROVEMENTS IN AN EXPEDITIOUS MANNER, OR SIX MONTHS FOR LETTING THE CONTRACT AND 18 MONTHS FOR COMPLETION, COMMISSIONER SCURLOCK AND ATTORNEY COLLINS FELT THE ASSURANCE OF PUTTING $780,000 IN ESCROW WAS SUFFICIENT TO SHOW OUR GOOD FAITH, BUT MR. GREGG INTRODUCED AN AMENDMENT, WHICH WAS APPROVED BY THE CITY COUNCIL, WHICH BASICALLY SAYS IF THE COUNTY DOES NOT MEET THE SPECIFIED TIMETABLE, THE CITY WOULD HAVE THE RIGHT TO COME IN AND USE THOSE ESCROW FUNDS TO COMPLETE THE IMPROVEMENTS OUTLINED IN THAT PARTICULAR PARAGRAPH. THAT WAS THE MAIN CHANGE. THERE WERE SOME MINOR CLARIFI- CATIONS AS FOLLOWS: ON PAGE 5 WE CHANGED THE 36 MONTHS TO 42 MONTHS, GIVING US A SIX MONTH GRACE PERIOD; THE 33 MONTHS ON THAT SAME PAGE WENT TO 39, ETC. THERE WAS AN INSERT ON THE STH LINE WHICH BASICALLY DEALT WITH ALL THE ASSETS - AFTER THE WORDS "FREE OF CHARGER INSERT THE WORDS 'CALL ASSETS IN EXISTENCE AS OF THE DATE OF THE AGREEMENT SET FORTH IN PARAGRAPH 5." THE ATTORNEY FELT THIS WAS A VALID REQUEST BY f 55 BUCK 47 PACE 522 80(IK 7 pmE 523 SEP 16 1981 THE CITY BECAUSE THEY ARE GOING TO TURN THOSE ASSETS OVER NOW AND WANT THEM BACK IF CONTINGENCIES ARE NOT MET, THE OTHER CHANGE WAS ON PAGE 7, SEC. 12 - "IN THE EVENT CONDITION A IS NOT SATISFIED, COUNTY MAY ELECT TO TURN OVER TO CITY THE IMPROVEMENTS SET FORTH IN PARAGRAPHS 6 AND 10," AND THEN AFTER "(5/8, 3/4 METERS) ADD "AND ANY REMAINING ESCROW FUNDS PLUS ACCRUED INTEREST" AND THEN ALSO THERE WOULD BE AN INSERTION OF "ALL ASSETS SET FORTH IN PARAGRAPH 5." COMMISSIONER SCURLOCK STATED THEY AGREE WITH THE PROPOSED CHANGES AND RECOMMEND APPROVAL EVEN WITH THE MODIFICATION THAT THE CITY CAN USE THE ESCROW FUNDS TO COMPLETE THE PROJECT. HE NOTED THAT JOHN ROBBINS, ENGINEER, HAS INDICATED THAT THE TIME FRAME OUTLINED IS SUFFICIENT AND WE SHOULD BE ABLE TO MEET THE DEADLINE. ATTORNEY COLLINS READ THE ADDENDUM, EXPLAINING THAT CONDI- TION A IS THE IMPROVEMENTS, THE LINE, THE WATER TANK AND THE IN-LINE BOOSTER PUMP, I.E., THE UP -FRONT IMPROVEMENTS ON THE BEACH, IN THE EVENT CONDITION A IS NOT SATISFIED (EITHER WE HAVE NOT LET THE CON- TRACTS WITHIN SIX MONTHS AND HAVE NOT COMPLETED THE WORK WITHIN 18 MONTHS), THEN THE CITY HAS THE RIGHT TO STEP IN AND USE THE ESCROW MONEY TO SEE THOSE THINGS HAPPEN; THE CONTRACT IS STILL IN EFFECT, AND THE COUNTY HAS 42 MONTHS TO DO THE SUB -AQUEOUS CROSSING. IF WE DON'T, THEN THE CITY GETS THE ASSETS BACK AND CONTINUES TO SUPPLY THE 255 CUSTOMERS. DISCUSSION FOLLOWED ON THE $780,000 ESCROW, AND INTERGOVERN- MENTAL COORDINATOR THOMAS UNDERSTOOD THIS WILL COME FROM THE DEVELOPERS PAYING THE IMPACT CHARGE. HE WISHED TO KNOW,IN THE EVENT THEY SHOULD NOT COME UP WITH THE FULL AMOUNT, WHETHER THERE IS ANY RESTRICTION TO PREVENT US FROM OBTAINING THIS MONEY FROM ANY OTHER SOURCE. ATTORNEY COLLINS STATED THERE ARE NO RESTRICTIONS, BUT THERE ARE NO PLANS TO DO ANYTHING ELSE AT THIS POINT, IT WAS NOTED THERE HAS BEEN A TREMENDOUS EXPRESSION OF DESIRE FOR THIS SERVICE, AND IF THE PEOPLE AFFECTED DON `T EVIDENCE ENOUGH INTEREST AND PAY THE IMPACT FEES, WE MAY HAVE TO REEVALUATE PRIORITIES. IT WAS FURTHER NOTED THAT THE AGREEMENT DOES NOT ENVISION FULL TAPS SOUTH OF THE MOORINGS, BUT IT DOES ENVISION A LIMITED WATER SUPPLY WITH POTABLE WATER ONLY. STAN LIVINGOOD OF ARCH ROBERTS $ COMPANY REPORTED THAT HE HAD REVIEWED THE PROPOSED AGREEMENT AND SAW NO PROBLEM IN TERMS OF THIS AGREEMENT HAVING ANY TYPE OF ADVERSE AFFECT ON FINANCING A SOUTH BEACH WATER SYSTEM. THE AGREEMENT IS ADEQUATE FOR THEIR PURPOSES BECAUSE IT CLEARLY ESTABLISHES THE BASIS AND THE ULTIMATE RESULT, WHCIH IS A COUNTY OWNED AND OPERATED SYSTEM ON THE SOUTH BEACH THAT WILL PROVIDE RETAIL WATER SERVICE AND WILL PROVIDE A REVENUE STREAM. MR. LIVINGOOD THEN DISCUSSED HAVING ONE SYSTEM WITH TWO FINAN- CIAL STRUCTURES (SOUTH COUNTY AND SOUTH BEACH) AND NOTED IT MIGHT BE ADVANTAGEOUS TO MAKE IT TRULY ONE SYSTEM AND ADD THE GIFFORD SYSTEM. HE FELT THIS COULD BE DONE BY NEGOTIATING WITH FMHA, AND THE PRIMARY REASONS FOR THIS WOULD BE TO REDUCE THE COST OF ADMINISTRATION. ON MOTION BY COMMISSIONER- SCURLOCK, SECONDED BY COMMISSIONER BIRD, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE, APPROVED THE AGREEMENT BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY FOR SOUTH BEACH WATER SERVICE WITH THE MODIFICATIONS DISCUSSED ON PAGE 41 SEC. 3; PAGE 51 CHANGING THE MONTHS; PAGE 61 FINAL LINE; PAGE 7, SECOND PARAGRAPH, AND THE ADDENDUM TO THE MAIN AGREEMENT, AND AUTHORIZED THE CHAIRMAN TO SIGN. SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN COM- . ... ... PLETED AND FULLY EXECUTED. IT WAS NOTED THAT THE CHAIRMAN'S SIGNATURE IS DEPENDENT UPON A SURVEY BEING COMPLETED. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE, AUTHORIZED THE ENGINEERS TO MAKE THE REQUIRED SURVEY AND REPORT BACK. REPORT ON LIBRARY CHAIRMAN LYONS REVIEWED HIS MEMO ON THE LIBRARY SITUATION, WHICH IS AS FOLLOWS: S F P 16 1981 57 Box 47 PACE 24 Box 4 7 PAGE 52.)5 TO: hoard of County Corrmissione:DATE: Seotember 10, 1981FILE: FROM: Patrick B. Lyons Chairman SUBJECT: Library REFERENCES: I thought it might be well to review the history of the Library situation with the hope that we can get everyones energies directed in one direct4cn. Namely, improving Library services in this County. A good, ,free, public Library is a priority asset for this County. Early in 1980 the Library was in a crisis situation and was not sure whether or not it would be able to keep its doors open for the remainder of the year. At that time I was asked to join the Board as the County's representative to provide assistance. As a result I as:ed the Cortnission for the formation of an Ad Hoc Library Study Committee which was made up of qualified local residents. They did a fine job in a short time and came up with a number of recommendations which were duplicated by a later study and by the recommendations of Mrs. Virginia Grigg, Chief, Bureau of Library Development for the State of Florida. The Library Board, possibly at the insistence of the Librarian, asked the County to apply for a State grant for another study of the Library. We obtained the grant and the study was performed by Dr. I'. William Summers an eminent Library Consultant. All three sources of information suggested that the Library report directly to the County and two out of the three recommended considerably increased financing. Two of the three also recommended a review of our Library card procedures since -it appears that our practices are too restrictive. Two of the t=ree also indicated that our hours should be increased. } The same number also indicatru that we should have a greeter emphasis on improving our nor:-fi`r-ion or subjec-_ resources of the Library: Mrs. Grigg is somewhat more specific in her letter of August 4th in recommending t -at the Coeur.--,, take considerably more control of the policies of. the Library in view of the fact that the greatest majority of the funds are from taxes. She suggests that the Countv administer the Library and use the Board, such as the Library Board as an Advisory Board. The Ad Hoc Committee recom.,.ended a Librarian and an -Assistant Librarian, each with a degree in Library Science with the suggestion that the present Librarian be given five years to obtain a degree in Library Science. The Summers' report suggested a Librarian and an Assistant Librarian with one to be a graduate in Library Science. The present Librarian to be retained with certain duties. Mrs. Grigg indicates that she knows of no Library in a County of our size with less than two professionals. The Library Board in its latest action has agreed that the Library needs a professional as recommended by the Summers' Report and would follow that recommendation, funds permitting. They have dropped their commitment to review the Library card procedure and the commitment to improving the collection as outlined by Dr. Summers - They have committed themselves to keeping the Library opened longer. In view of the unanimous recommendations of the reports, it is my feeling that the Commission should take a stand and require the Library Board to meet certain goals. 1. The goal of adding a professional Librarian to the staff. 2. The goal of reviewing and suggesting a Library card policy which would be satisfactory to the County Commission; and 3. They should follow the suggestions of Dr. Summers to improve the collection to the satisfaction of the County Commission. (Mrs. - ---=----Grigg could help us verify this) . SEP 16 1981 SEP 16 1991 I think we owe -it to tho citizens of this County to either ,et full measure from the funds �-.e allocate or we should with- draw the allocation'. I would like to see the Commission increase its allocation to the Library by $20,000 so that we can assure the addition of a fully cualified Assistant Librarian.to meet the goal outlined by the Library Board and if they will agree to the review of the Library cards and Library hours. We can assure ourselves of the qualifications of the Librarian through our County Personnel Department with the assistance of Mrs. Srigg. CHAIRMAN LYONS COMMENTED THAT WITH ALL THE UPHEAVAL AND CONTROVERSY GOING ON IN CONNECTION WITH THIS ACTIVITY AT THE PRESENT TIME, PERHAPS WE OUGHT TO ASK THE LIBRARY BOARD IF THEY WOULD BE IN A POSITION TO TRANSFER THE OPERATION OF THE LIBRARY TO THE COUNTY AT THIS TIME, HE NOTED THERE HAD BEEN A POSSIBILITY DISCUSSED THAT THE LIBRARY BOARD AND ASSOCIATION MIGHT BE WILLING TO COME TO THE COUNTY THROUGH A SPECIAL TAXING DISTRICT, AND HE WISHED TO KNOW IF THE LIBRARY BOARD IS IN A POSITION TO DELIVER THE OPERATION OF THE LIBRARY TO THE COUNTY PENDING THE FORMATION OF SUCH A TAXING DISTRICT. MRS, FRIEND, PRESIDENT OF THE LIBRARY BOARD, COULD NOT ANSWER WITHOUT BRINGING THIS TO THE ATTENTION OF THE ENTIRE BOARD. THE CHAIRMAN EMPHASIZED THAT WE WANT THE LIBRARY BOARD TO MAKE CERTAIN COMMITMENTS AS A REQUIREMENT OF FUNDING. MRS. FRIEND FELT IT WOULD BE HELPFUL TO HAVE GUIDELINES AND STATED SHE WOULD CALL A SPECIAL MEETING AND CONVEY THIS TO THE BOARD. DISCUSSION FOLLOWED. COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT COMMITTING ANY ADDITIONAL FUNDING AT THIS TIME BECAUSE OF BUDGET PROBLEMS. HE ALSO HAD A PROBLEM WITH THE COUNTY SETTING POLICY FOR THE LIBRARY BOARD AND FELT WE SHOULD TAKE OVER THE LIBRARY ONLY AS A LAST RESORT, BUT HAD NO PROBLEM WITH REQUIRING ACCOUNTABILITY OF THE DOLLARS FUNDED. COMMISSIONER SCURLOCK WAS NOT IN FAVOR OF A SPECIAL TAXING DISTRICT FOR THE LIBRARY. HE ALSO HAD DIFFICULTY IN CONSIDERING AN EXTRA $20,000 FUNDING BECAUSE OF BUDGET CONSTRAINTS, BUT STRONGLY BELIEVED, SINCE THE COUNTY IS FUNDING APPROXIMATELY S7j', THAT THE Eno COUNTY SHOULD HAVE SOME SAY IN THE OPERATION OF THE LIBRARY, HE FAVORED THE IDEA OF THE COUNTY TAKING OVER OPERATION OF THE LIBRARY, ESPECIALLY SINCE HE HAD A PROBLEM WITH A VOLUNTEER BOARD DIRECTING PAID EMPLOYEES, IT WAS GENERALLY AGREED THAT IT IS A GREAT RESPONSIBILITY FOR A VOLUNTEER BOARD TO HAVE TO DEAL WITH PERSONNEL ADMINISTRATION, PARTICULARLY IN VIEW OF THE KIND OF SITUATION THAT HAS EVIDENCED ITSELF. DISCUSSION AROSE AS TO THE PETITION BEING CIRCULATED ASKING THAT THE LIBRARY BOARD HOLD A NEW ELECTION, AND MRS, FRIEND NOTED THAT SHE HAS PRESENTED THAT PETITION TO A LEGAL BY-LAWS AND CONSTITU- TIONAL COMMITTEE. MRS, CARLTON INFORMED THE COMMISSION THAT SHE PERSONALLY HAS VERIFIED THE SIGNATURES ON THE PETITION AGAINST THE MEMBERSHIP LIST,, THERE WERE 131 SIGNATURES, AND CURRENTLY THE LIBRARY HAS A MEMBERSHIP OF ABOUT 535. DISCUSSION THEN ENSUED AS TO WHETHER THE NAMES OF THE NEW MEMBERS ACTUALLY WERE READ AT THE MEETING AND APPROVED AS REQUIRED BY THE BY-LAWS, AND MRS. CARLTON STATED THAT THE LIBRARY BOARD IN ALL GOOD FAITH ACCEPTED THOSE NAMED AND BY UNANIMOUS CONSENT AGREED TO HAVE THE NAMES PRESENTED IN TOTO AND NOT READ. THOMAS FRITZLEN EXPLAINED THE HAPPENINGS AT THE MEETING IN DETAIL AND NOTED THAT EVEN IF YOU TAKE THE 200 NAMES OUT, THE SIGNATURES ON THE PETITION WOULD BE 1/5 OF THE MEMBERSHIP. MRS. SCHEIDT ALSO EXPLAINED HOW THE LIBRARY BOARD HAS BEEN UNDER TREMENDOUS PRESSURE AND D'ID VOTE THE LIST IN WITHOUT HAVING THE NAMES READ. SHE EMPHASIZED THAT THEY ARE VOLUNTEERS TRYING TO DO WHAT THEY FEEL IS BEST FOR THE COMMUNITY. THE CHAIRMAN INDICATED THAT THE TECHNICALITIES ARE NOT THE IMPORTANT PROBLEM; THE MOST IMPORTANT CONSIDERATION IS WHETHER THE COMMISSION SHOULD CONTINUE TO SPEND MONEY IN AN AREA WHERE WE HAVE NOTHING BUT CONTROVERSY, IT WAS EMPHASIZED THAT THE COMMISSION IS NOT INTERESTED IN PERSONALITIES, BUT IN ASSURING THAT THE COUNTY HAS A QUALITY LIBRARY FOR THE USE OF THE CITIZENS AND WE NEED TO BE MADE AWARE OF THE LIBRARY BOARD'S GOALS FOR THE YEAR BEFORE REACHING A FINAL DECISION ON FUNDING. 61 ma 47 pmjE528 TRACKING STATION PARK GRANT APPLICATION Boox 47 PAGE 529 \ COMMISSIONER BIRD EXPLAINED THE HISTORY OF APPLYING FOR FUNDS TO DEVELOP THE_TRACKING STATION PARK, NOTHING THAT THERE ARE ADDITIONAL FUNDS AVAILABLE THIS YEAR AND WE HAVE BEEN ENCOURAGED TO TRY AGAIN. HE AND ENGINEER .JIM DAVIS REVIEWED THE REVISED CONCEPTUAL PLANS FOR BOTH THE NORTH AND SOUTH TRACTS OF THE PARK SITE AND EXPLAINED THAT THE INTENTION IS TO REMOVE THE OLD TRACKING STATION STRUCTURE AT THE NORTH END OF THE PARCEL AND ALLOW FOR MORE PARKING. ALSO, THEY ARE PLANNING ON INTERCONNECTING THE TWO PROJECTS STRICTLY FOR MAINTENANCE PURPOSES WITH A ROAD CLOSED OFF BY A GATE AT EACH END. THE PLAN IS AIMED AT PRESERVING THE NATURAL VEGETATION AS MUCH AS POSSIBLE BY CLUSTERING THE PARKING AND INTERSPERSING PICNIC PAVILIONS AMONG THE TREES RATHER THAN PUTTING IN AN ASPHALT PARKING LOT. THE CONCEPT FOR THE NORTH TRACT WHERE THE SEWAGE TREATMENT PLANT IS LOCATED IS TO-PMVI:DE- PARKING AND AN OVER THE DUNE CROSS—OVER. A 50' BUFFER IS PART OF THE PLAN, COMMISSIONER BIRD NOTED THAT THE PLANS DISPLAYED ARE A PREVIEW OF THE CONCEPTUAL PLAN FOR THE NORTH TRACKING STATION SITE AND A FAIRLY FINAL PLAT FOR THE SOUTH TRACKING STATION SITE. THE COST ESTIMATE FOR IMPROVEMENTS ON THE SOUTH SITE ARE $277,5001 AND THEY WOULD LIKE TO HAVE ACTION TODAY ON THE RESOLUTION REQUIRED FOR THE COUNTY TO GO AHEAD WITH OUR APPLICATION TO THE STATE FOR FUNDING. ROBERT LATTA CAME BEFORE THE BOARD REPRESENTING PEBBLE BEACH VILLAS CONDOMINIUMS AND REPORTED THAT HE AND JACK MACDONALD OF THE TAXPAYERS ASSOCIATION STUDIED THE PROPOSED PLANS AND FELT MR. DAVIS HAD BEEN MOST COOPERATIVE IN LISTENING TO THEIR SUGGESTIONS. THEIR MAIN CONCERN WAS THEIR EXISTING BOARDWALK WHICH THEY HAVE BEEN ASSURED WILL BE LEFT AS IT IS, AND THEY, THEREFORE, HAVE NO OBJECTION TO THE CONCEPTUAL PLANS AND FEEL IF THEY ARE FOLLOWED THROUGH, IT WILL BE VERY SATISFACTORY. JACK MACKEY SPOKE ON BEHALF OF INDIAN RIVER SHORES AND AGREED WITH MR. LATTA'S COMMENTS, MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, TO ADOPT RESOLUTION 81-63 STATING THAT THE COUNTY INTENDS TO APPLY TO THE DEPARTMENT OF NATURAL RESOURCES FOR A 2/1 MATCHING GRANT TO MAKE IMPROVEMENTS TO THE SOUTHERN PORTION OF THE TRACKING STATION RECREATION AREA AND THE CHAIRMAN BE AUTHORIZED TO SIGN. COMMISSIONER FLETCHER HAD QUESTIONS ABOUT THE SOURCE OF THE FUNDING FOR THE GRANT AND THE MATCHING FUNDS, AND IT WAS NOTED WE HAD SET ASIDE SOME FUNDS THROUGH FEDERAL REVENUE SHARING WHICH COULD BE CARRIED FORWARD. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO I WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION, 63 MR 7 PAGE 530 I FF"— s00A 47 PAGE 531 SEP 16 wi RESOLUTION NO. 81-63 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA intends to apply to the State of Florida, Department of Natural Resources for a two-for-one (State/Applicant) matching fund grant of $185,000.00 State Share ($92,500 Indian River County Share), to make sorely needed improvements to the Indian River County Tracking Station Recreation Area; and WHEREAS, said BOARD of COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, does retain ownership, jurisdictional control, and maintain said park and facilities; and WHEREAS, continued maintenance and proposed improvements to this public beach park facility will be in the interest of all the citizens of Indian River County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, which was duly established by Special Act of the Florida Statutes adopted on the 30th day of June, 1925, that this official document does hereby certify the Board of County Commissioners intent and agreement to apply for the above mentioned grant, and addi- tionally to strive to implement the proposed improvements as delineated in the Grant Application to which this Resolution will be attached; AND FURTHER THAT, Mr. James W. Davis, P.E., County Engineer of the Indian River County Engineering Department, 2345 14th Avenue, Vero Beach, Florida, 32960, Phone (305) 562-4186, is hereby authorized to be the County Liaison person charged with the responsibility to prepare, plan, and coordinate said application and development program; and BE IT FURTHER RESOLVED that this Resolution was passed by a vote of 4 to 1, of the Commissioners present. This 16th day of September , 1981. BOARD OF COUNTY COMMISSIONERS OF INDIAN R COUNTY, FLORIDA 14 ATTEST: �Wri t,- Clerk rma n ATTORNEY COLLINS SUGGESTED, SINCE THE PROPOSED PLAN IS AGREEABLE TO PEBBLE BEACH VILLAS, THAT THE COUNTY MOVE AHEAD, WITH THE MONEY ALREADY ALLOCATED, ON PUTTING IN SOME OF THE IMPROVEMENTS WE HAVE DISCUSSED ON THE TRACT WHERE THE SEWAGE PLANT IS LOCATED BECAUSE HE FELT THIS WOULD IMPROVE THE COUNTY'S POSITION IN REGARD TO THE ANNEXATION. THE BOARD GENERALLY AGREED THIS SHOULD BE DONE AND AUTHORIZED THE ADMINISTRATOR TO PROCEED AS SUGGESTED BY THE ATTORNEY, CHAIRMAN LYONS REPORTED THAT HE WILL MEET WITH INDIAN RIVER SHORES COUNCILMAN FRITZ GIERHART TO DISCUSS THE POSSIBILITY OF REACHING AN AGREEMENT IN REGARD TO THE TRACKING STATION PARK WHEREBY THE COUNTY WOULD NOT OPPOSE THE ANNEXATION. COMMISSIONER WODTKE EXPRESSED DOUBTS ABOUT REACHING SUCH AN AGREEMENT BECAUSE HE DID NOT WISH TO JEOPARDIZE THE FUTURE OF THIS PARK IN ANY WAY, BUT WAS WILLING TO HAVE THE CHAIRMAN MEET WITH MR. GIERHART AND REPORT BACK. THE CHAIRMAN ANNOUNCED THAT THE MEETING WOULD BE RECESSED AT THIS TIME AND RECONVENE AT 9:00 A.M. TOMORROW MORNING, SEPTEMBER 17, 1951, IN THE COUNTY COURTROOM TO TAKE UP THE BALANCE OF THE AGENDA. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 6:30 O'CLOCK P.M. 65 ® 47 PAGE 5.32 i SEP A 19 1 WX 7' PAGE533 � THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT THE COUNTY COURTROOM, 2145 14TH AVENUE, VERO BEACH, FLA., ON SEPTEMBER 17, 1981, AT 9:00 O'CLOCK A.M. WITH ALL BOARD MEMBERS PRESENT, ALSO PRESENT WERE COUNTY ADMINISTRATOR NELSON, INTERGOVERNMENTAL COORDINATOR L. S. "TOMMY" THOMAS, GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY CLERK. AWARD OF PEBBLE BAY SEWER IMPROVEMENT BID THE BOARD REVIEWED THE FOLLOWING MEMO FROM THE ADMINISTRATOR: TO: Honorable Members of the DATE: September 9, 1981 FILE: Board of County Commissioners SUBJECT: Pebble Bay System Bid Approval FROM: Neil Nelson, County Admn. REFERENCES: DESCRIPTION & CONDITIONS Pebble Bay sewer system work, integrated with the Town of Indian River Shores and City of Vero Beach had been engineered and bids were received on September 1, 1981. Nineteen items on the bid list are required to satisfy DER requirements and provide a system acceptable to City of Vero Beach so that the county can transmit the sewage to City of Vero Beach and take the Pebble Bay Sewage Treatment Plant out of service. We have plans to remove the sewage treatment plant tanks and reassemble them at the Gifford Plant Site in order to double the capacitv of the treat- ment system there. Bain Underground Utilities, Inc. was the low bidder for_ the contract work - for both the Town of Indian River Shores and also for the work for Indian River County. Indian River Shores has awarded the contract to Bain. The work for the 19 items for Indian River County totals $114,578.35. ALTERNATIVES & ANALYSIS A review of the overall assessible project cost as set up by Town, City, and County agreement is as follows: Contract Work $114,578.35 Engineering 8,000.00 Inspection estimate (150 days) 15,000.00 Leqal estimate 2,000.00 Ads 25.00 City of Vero Beach Impact fee (187.50/unit) 48,750.00 Indian River Shores Reimbursement 6" Force Main Equivalent ($9.50/ft) $ 15,010.00 57% of pavement replacement 1,609.00 500/0' of 10" Force main connection 800.00 500,10 of Meter and Meter Pit 1,536.91 1% of Pump Sta. No. 2 ($50,215) 502.15 Total $207,811.41 - Note that some numbers are estimated and may be subject to change. However, they are shown to figure an approximation of the overall cost. If this total is paid on a per unit basis from all connections not in the Town of Indian River Shores, it would be pro -rata between 260 units and cost about $800.00 per unit. This would be a manner of assessing the people benefitting by this project as set by Ordinance 81-27. It should be noted that $111,700 had been budgeted as available funds, by the Board of Commissioners on December 19, 1979 from Municipal Service Funds for this project. This advance of funding for the project will be fully refundable when paid back by funds obtained by assessment through Ordinance .81-27. RECOMMENDATION & FUNDING I recommend that the low bidder, Bain Underground (per attached letter from Sverdrup and Parcel Analysis) be approved for the work. Approximately, $800.00 per unit should be assessed to the 260 units and lots which will benefit by this project. The assessment is to'be made as provided in Ordinance 81-27. If this recommendation is approved by the Board of County Commissioners, the required resolution shall be drawn up with more exact figures and listinq all property being assessed for the proposed improvements. CHAIRMAN LYONS WENT OVER THE HISTORY OF THIS PROJECT FOR THE BENEFIT OF THE NEWER COMMISSIONERS, EXPLAINING THE SITUATION BETWEEN THE TOWN OF INDIAN RIVER SHORES, THE COUNTY, AND THE CITY OF VERO BEACH, AND POINTING OUT THAT WHETHER WE CONNECT UP WITH THE CITY LINE OR NOT, IT IS INCUMBENT UPON US TO FIX THE LIFT STATION SO THAT WE ARE NOT IN VIOLATION OF THE D.E.R. REGULATIONS. IN ORDER TO PHASE THE PLANT OUT COMPLETELY AND HAVE THIS AREA SERVICED BY THE CITY OF VERO BEACH, CERTAIN IMPROVEMENTS HAVE TO BE MADE, AND WE ARE NOW AT THE POINT OF DETERMINING WHO IS GOING TO PAY FOR THESE IMPROVEMENTS. THE CHAIRMAN FELT THAT AN ASSESSMENT OF $800 IS REASONABLE FOR THOSE WHO RECEIVE THE SERVICE, BUT A PROBLEM ARISES IN CONNECTION WITH COLLECTING THIS ASSESSMENT IN THE EVENT THAT SOME OF THIS PROPERTY WERE TO BE ANNEXED INTO THE TOWN OF INDIAN RIVER SHORES. SEP 16 1981 67 BOOK 47 PA. ,E 534 r SEP 16 1991 BOOK 4 7 PAGE535 CONSIDERABLE DISCUSSION ENSUED AS TO THE POSSIBLE ANNEXA- TION AND THE AREAS OF RESPONSIBILITY, AND IT WAS FELT ANY NEW AGREE- MENT SHOULD CONFIRM THE PRIOR AGREEMENT AND SET FORTH THE RESPONSIBILITY FOR DEFINITE AREAS. UTILITY DIRECTOR LINER NOTED THAT THE COUNTY IS ESTIMATING THEIR ASSESSMENT AT ABOUT $800 PER UNIT WHILE THE TOWN OF INDIAN RIVER SHORES IS ANTICIPATING AN ASSESSMENT OF $635 PER UNIT; S0, IT IS TO THE INTEREST OF THE RESIDENTS INVOLVED TO BE ANNEXED INTO THE TOWN. DISCUSSION FOLLOWED AS TO THE FACT THAT IT IS WORTH SOMETHING TO THE COUNTY TO BE ABLE TO GET THE SEWAGE PLANT OUT OF THE PARK AREA, AND WE SHOULD TAKE THIS INTO CONSIDERATION IN ARRIVING AT AN ASSESSMENT CHARGE. IT WAS NOTED THAT INDIAN RIVER SHORES HAS A BIGGER BASE TO WORK ON THAN THE COUNTY DOES, AND FURTHER NOTED THAT TIMING IS CRITICAL. UTILITY DIRECTOR LINER STATED THAT THE PEBBLE BAY PLANT CAN ACCEPT MORE SERVICE,_ BUT THE LIFT STATION IS WHAT IS CRITICAL. CONVERSATION CONTINUED, AND ATTORNEY COLLINS SUGGESTED THAT THE COMMISSION HOLD A JOINT MEETING WITH THE INDIAN RIVER SHORES TOWN COUNCIL. IT WAS GENERALLY FELT THAT WAS A GOOD IDEA. WILLIAM KOOLAGE, CITIZEN, OBJECTED TO THE COMMISSION TRYING TO NEGOTIATE WITH THE TOWN OF INDIAN RIVER SHORES ANY FURTHER. THE BOARD FELT THAT GETTING RID OF THE SEWAGE PLANT WAS WORTH A FURTHER EFFORT, AND IT WAS AGREED THAT IF CHAIRMAN LYONS' MEETING WITH INDIAN RIVER SHORES COUNCILMAN FRITZ GIERHART INDICATED THAT SUCH A MEETING MIGHT BE FRUITFUL, A JOINT MEETING SHOULD BE SCHEDULED, AND THE AWARD OF BID WOULD BE HANDLED AFTER THAT TIME. EMERGENCY ITEM RE HIRING SPECIALIZED LAW FIRM TO HANDLE APPEAL OF DISTRICT COURT'S DECISION RE THE ADMINISTRATION BUILDING ARBITRATION ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA AN EMERGENCY ITEM IN REGARD TO HIRING A SPECIALIZED LAW FIRM TO HANDLE AN APPEAL AS ABOVE, ATTORNEY COLLINS EXPLAINED THAT REINHOLD CONSTRUCTION HAS FILED AN INTERLOCUTORY APPEAL TO THE DISTRICT COURT'S DECISION TO LET ALL THREE PARTIES (THE ARCHITECT, THE CONTRACTOR, AND THE COUNTY) JOIN IN THE ARBITRATION PROCEEDINGS. HE STATED THAT SUCH AN APPEAL IS VERY SPECIALIZED AND THE COUNTY WOULD BE BETTER OFF HIRING SOMEONE WHO DEALS MAINLY IN THIS TYPE OF WORK. HE SUGGESTED THAT MARJORIE GADARIAN 16 8 OF JONES, FOSTER & MOSS BE HIRED TO HANDLE THIS APPEAL. SOME QUESTION AROSE AS TO THE COST, AND ATTORNEY COLLINS DID NOT KNOW WHAT IT WOULD AMOUNT TO. COMMISSIONER SCURLOCK FELT THERE SHOULD BE SOME SORT OF REPORT ON A PERIODIC BASIS TO SEE WHAT THESE EXPENSES RUN. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO HIRE MARJORIE GADARIAN OF JONES, FOSTER & MOSS TO HANDLE THE APPEAL AS DISCUSSED. REPORT ON CHANGE ORDER SITUATION - CO.UNTY_ ADMINISTRATION BUILDING. THE BOARD REVIEWED THE FOLLOWING MEMO; TO: Neil A. Nelson BATE: September 10, 1981 FI L County Administrator 4 *_� Honorable Members of the Board of County Commissioners SUBJECT: "A" Change Orders voided and/or work to be done by Owner when Owner accepts building for occupancy "B" Outstanding Change Proposals and/ or Change Orders anticipated yet to FROM: Hercules Kontoul as REFERENCES: come, with some costs. Construction Project Representative A-1: Change Order No. 17, Change Proposal No. 43, cost $5,181.92, was approved by Commissioners on 3-11-81 with the stipulation that the School Board reimburse Commissioners. School Board rejected reimbursement to Commissioners by letter from Dr. Burns. School Board elected to do work when they occupy Bldgs. Work: Additional electrical outlets, telephone outlets and additional telephone poles in Finance section. A-2: Change Order No. 50, Change Proposal No. 88, cost $2,655.24, was voided by Commissioners on 8-5-81. Owner will do this work after occupying building. Work: Leg support and shelf for counters installed in rooms 1-N-167, 2-S-146, & 3-S-152. 1 - N-167 is Lay. counter in Boards section coffee room approximately 10' = 0" long. - 2 - S-146 is Tax Collectors Public Records books counter,'U' shape with approximately 26 lin, ft. 3 - S-152 is Public womens toilet room (2) lay. counter top, approximately 6' - 6" long off Commissioners room. A-3: Change Order No. 63, Change Proposal No. 111, cost $2,464.40, was voided by Neil Nelson on 8-26-81. Owner will do this work after occupying building. SEP 16 1991 69 ma 47 PACE 536 I S F P 16 1991 Book 47.1 PAPE 537 Work: Replace defective water closet and urinal flush valves on existing fixtures that remained. Provide (2) new electric water coolers and replace bubblers on existing elect. water coolers removed from building as per specs to be reused and relocated. Total of 15 items. A-4: Install (6) 4 ft. X 4 ft. tack boards. NOTE: This item is not a Change Order but is in the contract by G.C. to provide and install. Work: On 8-21-81 Herkon wrote a memo to Neil Nelson with suggestive locations. The Administrator turned this over to Personnel Director for evaluation and an "oral message of, we will install the six (6) tack boards when Owner occupies bldg." I have no cost on these (6) installations. Herkon instructed G.C. to store these in Tax Collector's vault for safe keeping. A-5: On 8-4-81, I received a letter from Tax Collector, Gene Morris, not to install (6) tele/power poles, which were in the G.C.'s contract to install. Work: I instructed G.C.'s electrician not to install the (6) tele/ power poles and to store in Tax Col. vault for safe keeping. I have no cost on these (6) installations. Total cost (as per Change Orders) for: A-1 = Excluded A-2 = $2,655.24 A-3 = $2,464.40 A-4 = No cost available A-5 = No cost available $5,119.64 B-1: Change Order No. 67, with Change Proposals 109, and 114, costs - $798.59 plus $1,092.24, presented today.' Work: New 4" gasi valve for H.W. main in room N-120 (boiler/chiller) Total cost $ 798.59 1,092.24 $1,890.83 B-2: Architects memorandum (written in field 8-19-81) on time & material basis. Work: Existing roof drain piping (horiz. run into wall) Total cost: $153.14 Status: Change Order to be forthcoming. B-3: Change Proposal No. 116, (8-26-81) requested by Dave Nolte, Property Appraiser, via letters to Neil Nelson & Herkon. Work: Demolish new room S-108. Involved are: Finishes - Carpet, walls, ceiling, & base Electrical - Switches, conn. outlets, light fixtures Air/Cond. - Diffusers, R/Air grilles. Status: Being priced out by Gen. Contractor & Subs. Costs: Will be substantially high, by my opinion. B-4: Change Proposal No. 117,(8-26-81) 2nd floor of 3 story bldg., southwest end, "future unassigned space" requested by Sheriff Tim Dobeck's Organized Crime Bureau, Capt. Jim Atkinson, via letters to Neil Nelson & Herkon. Work: Build new partitions, provide more electircal & telephone outlets, and extend one supply duct, provide R/A grilles. Status: Being priced out by Gen. Contractor & Subs. Costs: Will be moderately substantial by my opinion. B-5: Change Proposal No. 118 (9-8-81) 3rd floor, "future room S-338, of 3 story bldg. 47 ft. X 52 ft. (2,444 Sq. ft.). State Marine Patrol interested in renting 3/4 of this space; the remaining 1/4 space for County. Work: Completing air conditioning to west 2/3rds of room. Room contains (1) one thermostat for (4) four air handler units. Add - 3 more thermostats also. NOTE: This room will not be usable insofar as being divided into smaller rooms if this not done. Status: Being priced out by G.C. cost will be moderately substantial. B-6: Change Proposal No. 115 (9-1-81) is a "credit to Owner" of 3 items: Item #1. Credit for reusing an existing door to replace an existing lined door to Tax Collector's area. (Change Order #43, C.P. #84 cost was $973.23) Item #2: Credit for isntalling M -R drywall ceiling in storage room S-174 -- located in Utilities Dept. (Change Order X41, C.P. #83 - cost was $332.09) Note: This was in original contract. Item #3: Credit for (3) new brick man holes and approx. 200 lin. ft. of -- -`. - 12" round sanitary sewer lines, running north to 26th St. (Change Proposal #28 - Note: G.C. submitted a cost of $21,000 which was rejected by Herkon & Architects as being too low, and imcomplete. G.C. - has not resubmitted to Architect.) Note: The above M.H. & Sewer lines did not have to be installed. Status of B-6: C.P. 115 is in hands of Gen. Contr. and after review - of credits submitted to Herkon & Architect a Change Order a Change Order will be forthcoming. B-7: Change Order #24 (3-5-81) was replaced by Change Order #28, Change Proposal #58 has not been issued. Status: We have a hold on this as we are waiting for the Gen. Contr. to submit his time and material cost to Architect in lieu of $800.00 stated on C.O. #28. Work: Repair east side only of 3 story building, of loose stucco (dangerous to pedestrains walking below) various areas. C.O. 28 stipulated 50 sq. ft. max. of areas to be replaced. This Change Order will be forthcoming. Costs should be less than $800.00 stated. B-8: Work Order relating to part of Change Proposal No. 74, items 1, 3, 5, & 12 as time & material cost. SEP 1.61991 Booz 47 PACEMS SSP 16 1981 BO0� � PAGE 5p39 � Status: This method of reimbursement to the Gen. Contr. has been recommended by the Architect and owners rep. in that we have been unable, after some 2 months plus of review, to arrive at what we believe is a reasonable cost. This has been determined as being extra work not covered by the plans & specs. After completion of said items 1, 3, 5, & 12, A Change Order will be forthcoming. Cost should be approx. $20,000 to $24,000 in my opinion. Does not include extra days cost of extended time to contract. Work: Item 1: H.W. piping extension to AHU- #5. Item 3: Piping to (3) new fan coil units - CHW-S/R, HW-S/R Item 5: Furnish & install (3) HW coils, 2nd fl. exist. AHU's, M.E. room Item 12: Reroute new condenser water piping. Note: Herkon is monitoring daily work and signing said reports on above items. B-9: Work Order relating to replacing existing defective valves and repairing & some replacement of existing piping, CHW-S/R, & HW-S/R as time & material cost. Status: This method or reimbursement to the Gen. Contr. has been recommended by the Architect and owners rep., in that we have been unable, after some 2 months plus of review, to arrive at what we believe is a reasonable cost. This has been determined as being extra work, not covered by plans and spec's. After completion of said work a Change Order will be forthcoming. Costs should be approx. $46,000 in my opinion. Does not include extra - _- days cost of extended time to contract. Work: (32) valves in chiller boiler room and (6) valves in 2nd floor M.E. room. Valves vary in size from 1 1/2" to 6". Piping is in _- various areas of 1st, 2nd, & 3rd floors. B-10: Work relating to the remaining 13 Items of Change Proposal No. 74 has been -- - - determined by the A/E.as being in the -original contract. The original cost submitted on the whole of C.P. 74 by the G.C. was $94,000 and then revised down to approx. $74,000. With the work orders deducted from the $74,000, I am sure that the G.C. will do the remaining 13 items under protest and try and collect on these thru some other means. B-11: The following items will be in litigation and cost settlement at this time cannot be determined. A. Fire Walls: B. Painting End of Administration Building NOTE: I do not anticipate any more Change Orders, unless some unforseen condition pops up that I do not know about. M M ADMINISTRATOR NELSON STATED THAT AS OF CHANGE ORDER #67, THE TOTAL OVERRUN FOR THE ADMINISTRATION BUILDING IS $3L16,391,11, HE DID NOT HAVE THE FIGURE FOR THE COUNTY COURTHOUSE, AND COMMISSIONER SCURLOCK NOTED THAT THE FIGURE FOR THE ESTIMATED COST-PLUS IN THE B CATEGORY WOULD HAVE TO BE ADDED TO THE OVERRUN COSTS, THE BOARD THEN DISCUSSED THE CHANGES REQUESTED BY PROPERTY APPRAISER DAVID NOLTE UNDER B-3 IN THE MEMO, AND IT WAS EXPLAINED THAT THIS AREA WAS PLANNED BY FORMER PROPERTY APPRAISER BILL LAW, AND MR. NOLTE DOES NOT FIND IT SATISFACTORY FOR HIS NEEDS, DIVISION OF ROOM S-338 WHICH THE STATE MARINE PATROL IS INTERESTED IN RENTING, WAS NEXT REVIEWED, AND IT WAS FELT THIS COULD BE ACCOMPLISHED WITH TEMPORARY TYPE PARTITIONS INSTEAD OF PERMANENT METAL STUDDING. DISCUSSION ON RENTAL SPACE IN COUNTY ADMINISTRATION BUILDING COMMISSIONER WODTKE WISHED TO KNOW WHO MAKES THE DETERMINATION RE WHOM WE WILL RENT TO, FOR WHAT AMOUNT, AND WHAT ALTERATIONS WILL BE MADE. ADMINISTRATOR NELSON REPORTED THAT THEY ARE JUST NOW REQUEST- ING A CHANGE PROPOSAL REGARDING THE AREA FOR THE ORGANIZED CRIME BUREAU, BUT BEFORE ANYTHING IS FINALIZED OR ANY REPAIRS ARE MADE, THE BOARD WILL BE SUPPLIED WITH INFORMATION AS TO COST PER SQ. FT., ETC., AND WILL MAKE THE FINAL DECISION AS TO ALL RENTALS. WE DO NOT HAVE A STANDARDIZED LEASE FORM YET, BUT HE ASSUMED IT WOULD BE MAINLY ON A YEAR TO YEAR BASIS, THOUGH POSSIBLY THE DRIVERS LICENSE BUREAU WOULD LIKE A LONG TERM LEASE, AS TO A FOOD CONCESSION, THE BLIND SERVICES WILL PUT IN THE EQUIPMENT TO SELL THEIR WARES; THEY DO NOT PAY RENT, BUT WE GET A CERTAIN PERCENTAGE OF THEIR SALES. COMMISSIONER WODTKE NOTED THAT ANY LEASE SHOULD TAKE INTO CONSIDERATION UTILITY COSTS, ETC, 73 Bou 47 PnE540 S E P 16 1981 BOOK 47 PAGE 541 HAZARDOUS STRUCTURES - A. J. HARRIS DEWEY WALKER, ZONING DIRECTOR, CAME BEFORE THE BOARD IN RE- GARD TO THE HAZARDOUS STRUCTURES DISCUSSED IN THE FOLLOWING MEMOS: TO: DAVID REVER DATE: september 9, 1981 FILE: Planning & Zoning Director NEIL NELSON County Administrator JOE COLLINS County Attorney FROM: DET WALKER Cou y Zoning SUBJECT: HAZARDOUS STRUCTURE BELONGING TO A. J. HARRIS, LOT 77, BLOCK 5 W. E. GEOFFREY SUBDIVISION REFERENCES: r±strator On September 9, 1981, at 11:30 A.M., the Zoning Department inspected the Hazardous Structure on Lot 77, Block 5, W. E. Geoffrey Subdivision, owned by A. J. Harris and found no improvement to Building as required by the Building Department. Mr. Harris is to appear before the County Commissioners at their regular meeting of September 16, 1981, to show reason why this structure should not be removed. (Ester Rymer 9/9/81 - Note and phone call.) FROM: REFERENCES: A. J. Harris Residence DET�dEY ;TALKER 1850 - 38th Place Com ` Zoning Adm#.ristrator In reference to the above residence, Lot 211 and 212, Block 15, W.E. Geoffrey Subdivision Hazardous Structure. Inspection was made on these lots and structures on September 9, 1981, at 2:00 P.M. and no improvements to the building - or grounds were found. Authur J. Harris was called at 3:20 P.M. on September 9, 1981 (562-5272) and informed to be at the Commissioners Meeting on the 16th of September,to show why these structures should not be removed. --- DW/b 74 s MR. WALKER INFORMED THE BOARD THAT THE BUILDING DIRECTOR, MRS, RYMER, HAS THE FULL RECORD, AND THERE WAS SOME IMPROVEMENT MADE, BUT OF LATE MR, HARRIS HAS LET THIS GO. HE HAS BEEN SENT LETTERS AND WAS CALLED ON THE TELEPHONE TO ATTEND THE MEETING AND SHOW WHY THESE STRUCTURES SHOULD NOT BE REMOVED. MRS. RYMER FEELS THAT THERE IS POTENTIAL FOR BRINGING THE BUILDING ON LOT 212 UP TO CODE, THE BUILDING ON LOT 211 WAS USED AS A DUPLEX, AND MR. HARRIS' EX-WIFE IS LIVING IN PART OF IT; THE OTHER PART HAS BEEN BURNED, MR, HARRIS STATES THAT HE IS NOW FINANCIALLY ABLE TO IMPROVE THIS PROPERTY, BUT HE HAS SAID THIS MANY TIMES BEFORE. HE AGREES THAT THE STRUCTURE ON LOT 77 SHOULD BE TAKEN DOWN, THE COUNTY HAS BEEN WORKING WITH HIM ON THIS SINCE 1971. LOT 212 IS IS COMMERCIAL ZONING AND LOT 211 IS R-2, MR, WALKER FELT WE SHOULD GIVE MR. HARRIS ANOTHER 30 DAYS TO SHOW HE HAS THE FUNDS, AND IF NOT, THEN WE SHOULD DEMOLISH THESE STRUCTURES, MOTION WAS MADE BY COMMISSIONER FLETCHER TO ACCEPT MR, WALKER'S RECOMMENDATION AND GRANT MR. HARRIS AN ADDITIONAL 30 DAYS. COMMISSIONER BIRD FELT THE MOTION SHOULD STATE SPECIFICALLY WHAT MR. HARRIS SHOULD DO IN THE ADDITIONAL TIME GRANTED, AND HE SUGGESTED THAT THE MOTION BE REWORDED TO ALLOW MR, HARRIS 45 DAYS TO PRESENT ZONING DIRECTOR WALKER PERMITS FOR RENOVATION OF THE STRUCTURES, COMMISSIONER FLETCHER AGREED TO RESTATE HIS MOTION AS SUG- GESTED BY COMMISSIONER BIRD, AND COMMISSIONER BIRD SECONDED THE MOTION. COMMISSIONER WODTKE FELT THE MOTION SHOULD FURTHER STATE WHAT WILL HAPPEN AT THE END OF THE 45 DAY PERIOD IF MR. -HARRIS HAS NOT COMPLIED. COMMISSIONER FLETCHER WITHDREW HIS MOTION, AND COMMISSIONER BIRD WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO 1 VOTE, GRANTED A. J, HARRIS AN ADDITIONAL 45 DAYS TO PRESENT ZONING DIRECTOR WALKER PERMITS FOR RENOVATION OF THE STRUCTURES, AND AGREED THAT IF AT THE END OF THE 45 DAYS, HE HAS NOT COMPLIED, THE COUNTY WILL INITIATE EVACUATION NOTICE OF THE OCCUPIED STRUCTURE AND PROCEED WITH DEMOLITION OF THE UNOCCUPIED STRUCTURE. 75 mox 47 PAGE 542 I 8�0�( 9 pAu 3 S E P 16 1991 OFFICE SPACE FOR THE ORGANIZED CRIME BUREAU ADMINISTRATOR NELSON REVIEWED THE FOLLOWING MEMO: TO: Board of County Commissioners DATE: September 8, 1981 FILE: FROM: Neil A. Nelson County Administrator Description and Conditions SUBJECT: Office Space for Organized Crime Bureau REFERENCES: The enclosed letter from Roy Raymond, Chief Deputy for Sheriff Dobeck, requests space in the Administration Building for the newly formed Sheriff's Organized Crime Bureau. This bureau is presently operating out of the State Attorney's office. When the State Attorney moves to their offices in the Annex Building, there will no longer be any additional space for the bureau to be located with the State Attorney. Rooms 234, 235, and 236 of the Administration Building are designated for future space. This area,with partitions would be suitable to house the seven man -one secretary unit. This unit can operate independently and does not have to be located in the same building with the Sheriff. The partitioning required would be accomplished after we accepted the Administration Building. Alternatives and Analysis The OCB is an authorized unit of the Sheriff's Department. It was formed after the renovation began. It is the obligation of the Board to provide office space for all Sheriff's Department units. Alternative 1 - Approve the request for rooms 234, 235 and 236. Advantage - A.) he space could be provided with the least amount of cost. Advantage - B.) Provide the OCB with a private and suitable space. Disadvantage - A.) Our reserve for future space will be reduced. Disadvantage - B.) Further separation of the Sheriff's Department. Alternative 2 - Disapprove the request and continue leasing the office building that currently houses the Sheriff. Advantage - A.) Retains the future space reserve. Disadvantage - A.) Cost .of renting the building. Disadvantage - B.) Further separation of the Sheriff's Department. Recommendation and Funding It is recommended that: 1.) Rooms 234, 235 and 236 be assigned to the Sheriff's Department. 2.) The space be partitioned after we accept the building. 3.) Funds required to partition and fur,iish be charged to Account No. 102-221-510-66.41. W76 M, z DISCUSSION FOLLOWED ON THE AMOUNT OF SPACE WE HAVE LEFT FOR FUTURE EXPANSION, AND ADMINISTRATOR NELSON NOTED THAT THIS OFFICE WOULD BE CLOSE TO 1,000 SQ. FT., AND WE HAVE A LARGE AREA ON THE THIRD FLOOR OF ABOUT 1800-2000 SQ, FT. FOR FUTURE EXPANSION. THE ONLY OTHER EXTRA WE HAVE IS STOREROOM AREA. CAPTAIN ATKINSON OF THE ORGANIZED CRIME BUREAU INFORMED THE BOARD THAT THE STATES ATTORNEY HAS HIRED ADDITIONAL PERSONNEL, AND AT THE PRESENT TIME HIS BUREAU IS WORKING OUT OF THE STATE ATTORNEY S LIBRARY. THE PROPOSED LOCATION ON THE SOUTHWEST END OF THE BUILDING GIVES THEM AN INDIVIDUAL ACCESS, WHICH WOULD BE VERY ADVANTAGEOUS FOR THEM. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED ALTERNATIVE I OF THE ADMINIS— TRATOR IS MEMO GRANTING THE REQUEST FOR ROOMS 234, 235 AND 235 FOR OFFICE SPACE FOR THE ORGANIZED CRIME BUREAU. DEVELOPMENT OF COUNTY BEACH ACCESS AREAS NORTH OF INDIAN RIVER SHORES THE BOARD REVIEWED THE FOLLOWING MEMO: TO: The Honorable Members of the DATE: September 8, 1981 FILE: Board of County Commissioners Development of County Beach Access SUBJECT: Areas (70' wide) north of Indian River Shores FROM: Neil A. Nelson, County Admn. REFERENCES: DESCRIPTION AND CONDITIONS The County has two 70' wide beach access parcels north of Indian River Shores which are currently unimproved. It was the Board's desire to improve these parcels to include parking areas and timber over -the -dune walkover stru-tures. As a result, the County Engineering Department has applied for, and received, state D.N.R. permits (enclosure 1) for the walkovers. Furthermore, a parking lot plan has been developed (enclosure 2). 77 Boos 47 PAGE 544 B.ov 47 PAGE 545 SEP 16 1981 ALTERNATIVES AND ANALYSIS The following cost estimates have been orepared for the construction of parking and beach access improvements: North Project - Length 391 L.F. - AlA to D.N.R. Line Walkover (66 L.F.) $ 5,000 Paving (1850 S.Y.) 15,000 r Stripping 300 Total $20,300 South Project - (524 L.F. - AlA to D.N.R. Line) Walkover (44 L.F.) $ 3,500 Paving (2500 S.Y.) 20,000 Stripping 400 Total $23,900 The above costs include an asphalt pavement. An unimproved shell_ pavement can be constructed for $7,400 at the North Project and $10,000 -. at the South Project. If this is done, however, the County will have a continuing maintenance problem. RECOMMENDATIONS AND FUNDING It is recommended that the Board approve the construction of both beach access facilities at an estimated cost of $44,200. Funding is recommended to be provided by transferring $22,100 from each of the following Revenue Sharing Accounts: 1. 102-221-519-66.41 2. 102-220-519-66.41 These transfers should be to a Revenue Sharing Account for this purpose. The funds should be immediately available upon approval of the Board of County Commissioners. COMMISSIONER BIRD NOTED THAT ONE OF THE STRIPS IS PRETTY WELL CLEARED; THE OTHER, THE SOUTHERNMOST, IS HEAVILY VEGETATED. HE CONTINUED THAT THEY WILL TRY TO WORK WITH A ROAD TO PRESERVE THE TREES AND HAVE TRIED TO LEAVE A BUFFER AND STILL HAVE ADEQUATE PARKING. CHAIRMAN LYONS ASKED THAT THE NORTHERN STRIP BE HELD IN ABEYANCE TEMPORARILY AS THERE IS A POSSIBILITY THAT ONE OF OUR CIVIC ORGANIZATIONS, THE PILOT CLUB, MIGHT WISH TO TAKE THAT OVER AS A PROJECT. INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED FUNDING, COM- MENTING THAT UNDER FEDERAL REVENUE SHARING, WHICH WE USUALLY USE FOR CAPITAL EXPENDITURES AND PARKS, IT APPEARS AT THIS TIME WE WILL NOT EXPEND THE FULL AMOUNT THIS YEAR FROM THE FUNDS APPROPRIATED FOR FURNI- TORE, FIXTURES, ETC., FOR THE COURTHOUSE AND THE ADMINISTRATION BUILDING ($150,000 EACH). IF THE BOARD COULD APPROVE A TRANSFER FROM THESE ACCOUNTS TO THE PROPER PARK ACCOUNT IN REVENUE FUNDS, WE COULD ENCUMBER THOSE FUNDS. THAT DOES NOT MEAN YOU HAVE TO EXPEND THESE FUNDS EXCEPT UNDER THE TERMS OF FEDERAL REVENUE SHARING, WHICH IS 3 YEARS, AND THEN IT WOULD CARRY FORWARD. COMMISSIONER SCURLOCK NOTED WE MAY HAVE TO CUT SOMEWHERE ELSE, BUT THIS HAS TO BE DONE. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, TO APPROVE CONSTRUCTION OF BOTH BEACH FACILITIES AS SET OUT -IN THE ADMINISTRATOR °S MEMO OF SEPTEMBER 8TH AT AN ESTIMATED COST OF $44,200 (1/2 FROM #102-221 AND 1/2 FROM #102-220) AND THAT WE HOLD OFF DOING ANYTHING ON THE NORTHERNMOST ACCESS UNTIL THE CHAIRMAN CA CONTACT THE PILOT CLUB, FURTHER DISCUSSION ENSUED ABOUT A TRANSFER FROM FEDERAL REVENUE SHARING, AND IT WAS FELT THIS SHOULD BE TAKEN UP WHEN WE DIS- CUSS THE FEDERAL REVENUE SHARING BUDGET. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. ADDITIONAL COUNTY COMMISSION MEETING SEPTEMBER 30, 1981 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY SCHEDULED AN ADDITIONAL COUNTY COMMISSION MEETING FOR SEPTEMBER 30, 1981, AT 8:30 A.M. IN THE CITY HALL COUNCIL CHAMBERS. RESOLUTION 81-64 - RE CONSTRUCTION OF,A NEW JAIL ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO I VOTE, ADOPTED RESOLUTION 81-64 IN REGARD TO MEETING STATE STANDARDS FOR COUNTY JAIL FACILITIES AND CONSTRUCTION OF. A NEW JAIL WITHIN FIVE YEARS. W ma 4 PAGE 546 SEP 16 1981 47 PASE 54 7 RESOLUTION NO. 81- 64 WHEREAS, the Board of County Commissioners of Indian River County, Florida has made diligent efforts to improve the jail facility, bringing said facility up to minimum State standards; and WHEREAS, representatives of the County have met with various State correction and health officials to isolate problem areas and cure them; and WHEREAS, the Board of County Commissioners established the Indian River County Safety Committee and appointed well-qualified County residents to serve on the Committee; and WHEREAS, the Indian River County Safety Committee has met on numerous occasions and made initial recommendations to the Board; and WHEREAS, the Board of County Commissioners has agreed to additional funding to the Sheriff's Office in order to meet State personnel requirements for County jails; and WHEREAS, the Board of County Commissioners has established a procedure for retaining an architect to draft plans to implement structural changes at the jail recommended by State, County and the Indian River County Safety Committee officials; and WHEREAS, designated County officials will be attending the National Institute of Jails, special Seminar "Planning for a New Institution" in Boulder, Colorado from November 8 through November 14, 1981; and WHEREAS, it is the established goal of the Board of County Commissioners to construct a new jail facility with the aid of State funding within a five (5) year time frame; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby adopts this Resolution establishing steps it has taken to date and will take in the future to meet State standards for county jail facilities; and - M. M BE IT FURTHER RESOLVED that the Board of County Commissioners intends with financial support from the State, to construct a new County jail facility within five (5)years. Said Resolution shall become effective as of the 16th day of September , 1981. Attest: ''Freda Wr ght, Clerk SEP 16 1981 BOARD OF COUNTY COMMISSIONERS OF ROOK 47 PAGE548 S E P 16 1991 47 PACE 549 HUMANE SOCIETY AGREEMENT ASSISTANT COUNTY ATTORNEY HOULIHAN REPORTED THAT HE HAD NOT BEEN ABLE TO CONTACT THE ATTORNEY FOR THE HUMANE SOCIETY AND HE WOULD LIKE TO CONTINUE THIS AGENDA ITEM TO ANOTHER MEETING. r CONSENT AGENDA - ITEM A - RELEASE OF EASEMENT (LAWRENCE ELLIOTT)_ THE BOARD REVIEWED THE FOLLOWING MEMO: TO: NEIL NELSON County Administrator DATE: August 25, 1981 FI LE: SUBJECT: RELEASE OF EASEMENT REQUEST BY LAWRENCE J. ELLIOTT FROM: David M. Rever REFERENCES: Planning & Zoning Director It is recommended that the date herein presented be given formal consideration by the'County Commission. 1. Description and Conditions: The County has been petitioned by Mr. Lawrence J. Elliott to release the five foot drainage and utility easement lying between Lots 21 and 22, Block E, Oslo Park Subdivision. _The request has been reviewed by Southern Bell, Florida Power and Light, and the Utility and R. 0. W. Departments. Planning and Zoning staff analysis, which included a site visit, showed that drainage would be adequately handled the existing front and rear swales. ?. Alternatives and Analysis: Alternative A - To release the easement. This would allow Mr. Elliott to construct a retail sales facility in the middle of the two -adjoining lots. The release of the easement is not anticipated to have any adverse effect. __-.'lternative B - To retain the easement would force the applicant to build two =-retail sales facilities, which would not be economically feasible. 3. Recommendation: Staff recommends the release of the easement lying between Lots 21 and 22, !Block E, Oslo Park Subdivision, as outlined in Alternative A. ' 4. Distribution: R Prepared for the County Administrator for his review and for distribution to the Board of County Commissio-,2rs for their consideration on the consent agenda of September 16, 1981. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 81-78 APPROVING RELEASE OF EASEMENT TO LAWRENCE J. ELLIOTT IN OSLO PARK AS ABOVE. v ® 82 RESOLUTION NO. 81-78 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release those common side lot easements lying between Lots 21 and 22, Block E, Oslo Park, according to the Plat of same recorded in Plat Book 3, Page 96, of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the Plat of Oslo Park for public utility purposes; and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the public rights on the following common lot line easements in Oslo Park, shall be released, abandoned and vacated as follows: Those common side lot easements lying between Lots 21 and 22, Block E, Oslo Park, a subdivision in Plat Book 3, Page 96, Public Records of Indian River County, Florida. BE IT FURTHER RESOLVED THAT THE Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements here- inabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 17th day of September , 1981. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By (/ at Lyons , C man V Attest: t L� , Freda Wright, Cler SEP 16 1981 POOK 47 N�GE50V r RELEASE OF EASEXENT ROor 47 PAGGE 551 This Release of Easement, executed this 17th day of September , 1981, by the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, first party, to Lawrence J. Elliott, whose mailing address is 7825 1st Street, S. W., Vero Beach, Florida 32960, second party: WITNESSETH: That the said party of the first part for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto the said second party forever, all the public rights, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River, State of Florida, to -wit: Those common side lot easements lying between Lots 21 and 22, Block E, Oslo Park, a subdivision in Plat Book 3, Page 96, Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the first party has signed and sealed these presents by the parties so authorized by the law the day and year above written. Signed, sealed and delivered in the presence of: im BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By:� Patrick B. yons;, Chairman i Attest: �/(�� �( �/��I " Freda Wright, Clerk/ STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, PATRICK B. LYONS, as Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the Slate of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument and they ackno',-4edged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State last aforesaid this _� day of 1931 Notary Pub' c, State of Florid at Large MY commission expires: 1 OTAAY PUBLIC STATE C' nCViIIA AT V= (Notary Seal) M( CLIA"•+.W5 10N EMA3 PULLY 9 19,02 30 D THRU GF4-0 *I I NS UNDI WR1 TEPb R -= E -P -16 198 t Roos w7 PAGE 552 SEP 16 1991 7 PAGE Boos 4 53 5 CONSENT AGENDA-- ITEM B - PISTOL PERMIT APPLICATIONS ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR A CONCEALED FIREARM PERMIT FOR WARREN ROBERT BEANS, PETER JOHN CRIASOLE, AND MARTIN FITZGERALD. REPORT ON GIFFORD PARK COMMISSIONER BIRD REPORTED THAT HE HAS BEEN WORKING WITH PAT CALLAHAN OF THE CITY RECREATION DEPARTMENT TRYING TO GET SOME PERSONNEL TO OPERATE AN ORGANIZED RECREATION PROGRAM AFTER SCHOOL HOURS AT THE GIFFORD PARK, THERE ARE SOME CETA FUNDS AVAILABLE AND SOME YOUNG CETA WORKERS, BUT MRS. CALLAHAN BELIEVES IT IS ABSOLUTELY NECESSARY FOR THESE YOUNG WORKERS TO BE SUPERVISED BY ADULTS, CONTACT HAS BEEN MADE WITH THE AREA CITIZENS IN REGARD TO FORMING A CITIZEN S GROUP TO WORK AS AN ADVISORY COMMITTEE ON THE PARK DEVELOPMENT AND THE RECREA- TION PROGRAM AND TO HELP SUPERVISE THE PEOPLE WHO WOULD BE WORKING UNDER MRS. CALLAHAN, AND THEY HAVE FORMED A SIX PERSON COMMITTEE. COMMISSIONER BIRD STATED THAT HE WOULD LIKE TO HAVE THIS COMMITTEE OFFICIALLY RECOGNIZED BY THE BOARD AND HE WOULD PUT IT ON THE AGENDA OF THE SEPTEMBER 30TH MEETING, -IN THE MEANTIME, HE ASKED THE BOARD',S PERMISSION TO GO AHEAD AND MEET WITH THIS GROUP TO TRY TO GET THE PROGRAM MOVING. THE BOARD HAD NO OBJECTION. DISCUSSION ENSUED AS TO THE YEARLY GRANT OBTAINED BY THE GIFFORD CIVIC LEAGUE, THE PROBLEM OF VANDALISM OF THE WATER OUTLET AND FOUNTAIN, ETC., AND COMMISSIONER BIRD WILL LOOK INTO THIS, HE FURTHER REPORTED THAT MACDONALD`S HAS DONATED SOME OF THEIR USED PLAYGROUND EQUIPMENT FOR THIS PARK PLUS AN ADDITIONAL $2,000 DONATION OF PLAYGROUND EQUIPMENT TO BE PICKED OUT FROM THEIR CATALOG, NORTH COUNTY FIRE DISTRICT THE BOARD OF COUNTY COMMISSIONER RECESSED AT 11:20 O'CLOCK A.M. IN ORDER THAT THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT MIGHT CONVENE. MINUTES OF THAT MEETING ARE BEING PREPARED SEPARATELY. THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 11.26 O'CLOCK A.M. WITH THE SAME MEMBERS PRESENT. ADOPTION OF 1980-81 BUDGET AS AN INTERIM BUDGET FOR 1981-82 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADDED AN EMERGENCY ITEM TO THE AGENDA IN REGARD TO ADOPTION OF THE 1980-81 BUDGET AS AN INTERIM BUDGET FOR 1981-82. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED1 THE FOLLOWING RESOLUTIONS ADOPTING THE 1980-81 BUDGET AS AN INTERIM BUDGET FOR 1981-82 FOR THE FOLLOWING ENTITIES: RESOLUTION 81-65 - BOARD OF COUNTY COMMISSIONERS RESOLUTION 81-66 - LAURELWOOD STREET LIGHTING DISTRICT RESOLUTION 81-67 - SOUTH BEACH MUNICIPAL SERVICE WATER UNIT RESOLUTION 81-68 - INDIAN RIVER COUNTY MULTIPURPOSE MUNICIPAL SERVICE UNIT RESOLUTION 81-69 -NEST INDIAN RIVER COUNTY MUNICIPAL SERVICE IRE UNIT RESOLUTION 81-70 - GENERAL FUND RESOLUTION 81-71 - INDIAN RIVER COUNTY TRANSPORTATION FUND RESOLUTION 81-72 - X59 BOND ISSUE RESOLUTION 81-73 - X80 BOND'ISSUE RESOLUTION 81-74 - FEDERAL REVENUE SHARING RESOLUTION 81-75 - LANDFILL ENTERPRISE ACCOUNT RESOLUTION 81-76 - NORTH COUNTY WATER ENTERPRISE ACCOUNT RESOLUTION 81-77 - SOUTH COUNTY WATER ENTERPRISE ACCOUNT RESOLUTIONS 81-65 THROUGH 81-69 ARE HEREBY MADE A PART OF THE MINUTES, AND THE OTHERS WILL BECOME A PART OF THE RECORD WHEN RECEIVED. SEP 161991 87 pp 47 N. GE 554 r - as • WHEREAS, �oeK 47 PAPE 555 RESOLUTION NO. 81-6,5 Florida Statutes 200.065 (2)(a) 4.(c) requires a governmental body to hold public hearings on the tentative z_ budget and proposed millage no earlier than sixty (60) days from certification by the Property Appraiser; and WHEREAS, the Property Appraiser's certification was received on the 28th day of August, 1981; and WHEREAS, the Board of County Commissioners of Indian River Coynty, Florida, is unable to adopt a tentative budget prior to the fiscal year beginning October 1, 1981; and WHEREAS, the Board of County Commissioners determines it is necessary to readopt its prior year's adopted final budget, as amended, pursuant to Florida Statutes 200.065 (2)(g) 2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board readopts its prior year's adopted final budget, as amended, and is authorized to expend monies based on that budget until such time as its tentative budget is adopted, pursuant to paragraph (2) (c) , commencing October 1, 1981. Said Resolution shall become effective as of the 17th day of September , 1981. Attest: �1 1 Freda Wright, Clergy BOARD INDIA UNTY COMMISSIONERS OF R COUNTY, FLORIDA B. L�r64s , J Cha RESOLUTION NO. 81-66 LAURELWOOD STREET LIGHTING DISTRICT RESOLUTION FOR 1981-1982 WHEREAS, Florida Statutes 200.065(2)(a) 4.(c) requires a governmental body to hold public hearings on the tentative budget and proposed millage no earlier than sixty (60) days from certification by the Property Appraiser; and WHEREAS, the Property Appraiser's certification was received on the 28th day of August, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the LAURELWOOD STREET LIGHTING DISTRICT, is unable to adopt a tentative budget prior to the fiscal year beginning October 1: 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the LAURELWOOD STREET LIGHTING DISTRICT, determines it is necessary to readopt its prior year's budget, as amended, pursuant to Florida Statutes 200.065 (2)(g) 4.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1980-1981 budget, as amended, is hereby readopted for the LAURELWOOD STREET LIGHTING DISTRICT for the year 1981-82, until such time as its tentative budget is adopted, pursuant to paragraph (2)(c), commencing October 1, 1981. Said Resolution shall become effective as of the 17th day of September , 1981. BOARD OF COUNTY COMMISSIONERS OF SEP 16 1981 �q BOOK �.1 PAGE 556 pr- 47 PAGE557 SEP 161991 RESOLUTION NO. 81-67 WHEREAS, Florida Statutes 200.065(2)(a) 4.(c) requires a governmental body to hold public hearings on the tentative budget and proposed millage no earlier than sixty (60) days from the certification by the Property Appraiser; and WHEREAS, the Property Appraiser's certification was received on the 28th day of August, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,-on behalf of the SOUTH BEACH MUNICIPAL SERVICE WATER UNIT, is unable to adopt a tentative budget prior to the fiscal year beginning October 1, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the SOUTH BEACH MUNICIPAL SERVICE WATER UNIT, determines it is necessary to readopt its prior year's budget, as amended, pursuant to Florida Statutes 200.065(2)(g) 2.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1980-1981 budget, as amended, is hereby readopted for the SOUTH BEACH MUNICIPAL SERVICE WATER UNIT for the year 1981-82, until such time as its tentative budget is adopted, pursuant to paragraph (2) (c) , commencing October 1, 1981. Said Resolution shall become effective as of the 17th day of September , 1981. BOARD OF COUNTY COMMISSIONERS OF INDIAU,--4IVER COUNTY, FLORIDA 0 Attest: \ L, Freda Wright, Cle P,'trick B. - L1onV,, Chairman RESOLUTION NO. 81-68 WHEREAS, Florida Statutes 200.065 (2)(a) 4.(c) requires a governmental body to hold public hearings on the tentative budget and proposed millage no earlier than sixty (60) days from certification by the Property Appraiser; and WHEREAS, the Property Appraiser's certification was received on the 28th day of August, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the INDIAN RIVER COUNTY MULTIPURPOSE MUNICIPAL SERVICE UNIT, is unable to adopt a tentative budget prior to the fiscal year beginning October 1, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the INDIAN RIVER COUNTY MULTIPURPOSE MUNICIPAL SERVICE UNIT, determines it is necessary to readopt its prior year's budget, as amended, pursuant to Florida Statutes 200.065 (2)(g) 4.; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1980-81 budget,.as amended, is hereby readopted for the INDIAN RIVER COUNTY MULTIPURPOSE MUNICIPAL SERVICE UNIT for the year 1981-82, until such time as its tentative budget is adopted, pursuant to paragraph (2)(c), coromencing October 1, 1981. Said Resolution shall become effective as of the 17th day of September , 1981. BOARD OF COUNTY COMMISSIONERS OF INDIARLVER COUNTY, FLORIDA to Attest: n Freda Wright, Cle`k trick B. Lyon's/, Chairman E P 161991 ROOK. 47 PAGE 558 RESOLUTION NO. 81-69 BOOK 4./ PAPE 55q WHEREAS, Florida Statutes 200.065 (2)(a) 4.(c) requires a governmental body to hold public hearings on the tentative budget and proposed millage no earlier than sixty (60) days from certification by the Property Appraiser; and WHEREAS, the Property Appraiser's certification was received on the 28th day of August, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the WEST INDIAN RIVER COUNTY MUNICIPAL SERVICE UNIT, is unable to adopt a tentative budget prior to the fiscal year beginning October 1, 1981; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of the WEST INDIAN RIVER COUNTY MUNICIPAL SERVICE FIRE UNIT, determines it is necessary to readopt its prior year;s budget, as amended, pursuant to Florida Statutes 200.065(2)(g) 4.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1980-81 budget, as amended, is hereby readopted for the WEST INDIAN RIVER COUNTY MUNICIPAL SERVICE FIRE UNIT for the year 1981-1982, until such time as its tentative budget is adopted, pursuant to paragraph (2)(c), commencing October 1, 1981. Said Resolution shall become effective as of the 1?th day of September , 1981. BOARD INDIA 0 Attest: Freda Wright, C1/6- k COUNTY COMMISSIONERS OF VER COUNTY, FLORIDA BUDGET AMENDMENTS AND TRANSFERS IT WAS EXPLAINED THAT THESE ARE TRANSFERS WITHIN FUNDS DEALING WITH UNDERBUDGETED OR OVERBUDGETED ITEMS; THEY OCCUR BECAUSE IT IS NECESSARY TO PUT THESE BUDGETS TOGETHER 18 MONTHS BEFORE THIS DATE, AND THAT IS WHY CONTINGENCY ACCOUNTS ARE PART OF THE BUDGET, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENTS AND TRANSFERS AS RECOMMENDED IN THE ASSISTANT FINANCE DIRECTOR'S MEMO OF SEPTEMBER 10, 1981: Septarber 10, 1981 TO: BoApD OF COUNT y Ca24ISSIUf ERS OF INDIAN RIVER CIXJVN FDct"I: ED FRY, ASSISTANT FINANCE DIRECTOR PE: BUDGET AIS vI L ENTs AND TPANSFERS The following budget admendn�ents and trans `ers are req`iested per the attached mem from David Green, Assistant County Administrator. I reccomend the following budget amendments and transfers be approved as part of the additional funds adopted. See Attached: SEP 16 1991 93 Bou 47 PAGE 560 SEP 161991 BOOK .'1r'Ci0UNT NO: ACCOL=TI' TITLE INCREASE 001-101-511-33.19 Otter Professional Services 10,000 001-101-511-33.11 Legal Services 15,000 001-101-511-33.49 Other. Contractual Services 1,000 001-101-511-34.41 Rent- Land 25 001-101-511-34.72 Outside Printing 500 001-101-511-34.91 Legal Ads 1,000 001-101-511-35.29 Other Operating Supplies 500 001-199-513-99.91 B.C.C. Contingencies 001-118-537-34.11 Telephone 225 001-199-513-99.91 B.C.C. Contingencies z 001-201-512-34.02 Travel 1,500 001-201-512-34.43 Rent - Office DTiiprrent 700 001-201-512-34.63 Maint- Office Equirinent 600 001-201-512-34.64 Maint- Automati_ve Equip. 450 001-201-512-35.11 All Office Supplies 1,°00 001-2017512-35.41 Books and Magazines 500 001-201-512-35.42 Dues - Men-berships 350 001-201-512-35.43 Meetings & Seminars 700 001-201-512-34.11 Telephone 2,500 001-199-513-99.91 B.C.C. Contingencies 001-206-553-34.02 Travel 300 001-206-553-34.11 Telephone 150 001-199-513-99.91 B.C.C. Contingencies 001-208-525-34.69 Maint. - Other Equip. 200 001-208-525-35.43 Meetings & Seminars 500 001-199-513-99.91 B.C.C. Contingencies 002-214-541-66.44 Traffic Signals & Markers 22,000 002-199-541-99.91 B.C.C. Contingencies 004-205-515-33.49 Other Contractual Services 4,000 004-205-515-34.91 Legal Ads 1,500 004-199-513-99.91 1B.C.C. Contingencies 004-207-524-11.14 Overtime 1,400 004-207-515-35.11 Office Supplies - Planning 004-000-381-20.00 Transfers 13,000 0,04-214-541-34.61 Maint. - Buildinas 13,000 102-214-541-66.29 Other Buildings 102-199-581-99.21 Fund Transfers 13,000 004-214-541-34.65 Maint. - Heavy Equip. 15,000 004-199-513-99.91 B.C.C. Contingencies 102-906-523-66.39 Other Irrproverx-nts - E\. Bldgs 500 102-199-584-99.91 B.C.C. Con'angencies 411-217-534-33.13 Ergineoring Scrvi.ces 11,000 •-11-199-534-99.91 B.C.C. Contingencies 411-217-534-35.21 Fuels & Lubricants 8,500 411-199-534-99.91 B.C.C. Continnenci.es 47 PAGE.5 1 DECREASE 28,025 225 9,200 r 450 700 22,000 5,500 1,400 13,000 15,000 500 11,000 8,500 M' m m THE CHAIRMAN ANNOUNCED THAT THE BOARD WOULD MEET AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT AFTER THE COMMISSION MEETING ADJOURNED. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS, 72085 — 72205 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 11:35 O'CLOCK A.M. ATTEST: CLERK 95 Roos 47 f�r,E U J