HomeMy WebLinkAbout10/21/1981Wednesday, October 21, 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, October 21,
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 Coordi-
nator; George G. Collins, Jr., Attorney to the Board of County
Commissioners; Jeffrey K. Barton, Finance Director; Dan Fleischman,
Bailiff; and Janice Caldwell -and Virginia Hargreaves, Deputy Clerks.
The Chairman called the meeting to order.
Commissioner Scurlock led the Pledge of Allegiance to the
Flag, and Reverend J. C. Glenn, Chaplain, Indian River Memorial
Hospital, gave the invocation.
ADDITIONS TO THE AGENDA
agenda.
The Chairman asked if there were any additions to the
Attorney Collins requested adding an item regarding the
suit against the County regarding drug paraphernalia.
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Bird, the Board unanimously approved the addition of this
emergency item to the agenda.
library.
Chairman Lyons requested adding an item concerning the
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Fletcher, the Board unanimously approved the addition of
this emergency item to the agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Meeting of September 14, 1981.
BOO K 47 PAGE 762-
L_ OCT 211991
O C T 211981 sooK 47 PA E 7
63
Commissioner Scurlock referred to the Motion on Page 42
and felt it needed clarification. His impression was that the
project, as amended, was being submitted for the environmental
agencies simply for review but it was not a final vote for the
project.
Discussion followed regarding this matter and the Board
determined there was no problem.
Chairman Lyons pointed out that Attorney Vitunac's name
was spelled incorrectly in the Minutes.
On Motion by Commissioner Bird, seconded by Commissioner
Wodtke, the Board unanimously approved the Minutes of the Special
Meeting of -,-September 14, 1981, as amended.
The -Chairman asked if thence were any additions or corrections
to the Minutes of the Regular Meeting of September 16, 1981.
On Motion by Commissioner Bird, seconded by Commissioner
Scurlock, the Board unanimously approved the Minutes of the Regular.
Meeting of September 16, 1981, as written.
ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT
The Board of County Commissioners thereupon recessed at
8:45 o'clock A.M. in order that the Board of Supervisors o.f the
Rockridge Subdivision Street Lighting District might convene.
Minutes of that meeting will be prepared separately.
The Board of County Commissioners thereupon reconvened at
8:46 o'clock A.M. with the same members present.
APPROVAL OF MINUTES, CONTINUED
The Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of September 21,
1981.
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Bird, the Board unanimously approved the Minutes of the Special
Meeting of September 21, 1981, as written.
r
Commissioner Fletcher interjected that he had not read any
of the Minutes; he just did not get around to it and wanted the record to reflect
that he was not approving them without reading them. Commissioner
Fletcher complained he was just getting tired of reading the Minutes
when they were already on tape - he just ran out of time to read
the packet.
Commissioner Wodtke admitted that he did not read all the
Minutes either, at times, as it sometimes is difficult to do.
CLERK TO THE BOARD
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Bird, the Board unanimously approved Tax Sale Certificate
No. 70 in the amount of $69.01, and No. 314 in the amount of $28.96
for John R. Hensler.
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Bird, the Board unanimously approved State Witness Payroll,
County Court, Term ending August 24, 1981, in the amount of $386.86;
Term ending September 16, 1981 in the amount of $177.26; and Term
ending September 30, 1981 in the amount of $128.81.
On Motion by Commissioner Scurlock, seconded by Commis-
sioner Bird, the Board unanimously approved State Witness Payroll,
Circuit Court, Spring Term, 1981, in the amounts of $188.80,
$189.56, and $42.20.
OCT19 1 BOOR 47 mu 6
21 3
� DCT19
21 81 boo K 47 FAIGE76 5
The following reports were received and placed on file
in the Office of the Clerk.
Report of Convictions, Month of September, 1981
Traffic Violation Bureau - Special Trust Fund,
Month of September, 1981 - $33,457.75
Traffic Violation Fines by Name, September, 1981
CONSENT AGENDA
RELEASE OF EASEMENT -RESOLUTION 81-85
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously adopted Resolution 81-85 for,Release
of Easement for side lot easements lying between Lots 3 and 4, and
the north three foot easement of Lot 3, Block 5, Heathland Subdivision,
as requested by Walter T. Carroll.
RESOLUTION NO.
81-85
P
WHEREAS, the Board of County Commissioners of
Indian River County, Florida, have been requested to release the
side lot line easements lying between Lots 3 and 4, and the north
three foot easement of Lot 3, Block 5, Heathland.Subdivision,
according to the Plat of same recorded in Plat Book 4, Page 39, of
the Public Records of Indian River County, Florida; and
WHEREAS, said lot line easements were dedicated on
the Plat of Heathland Subdivision 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, thaf the following
lot line easements in Heathland Subdivision shall be
released, abandoned and vacated as follows:
Those side lot easements lying between Lots 3 and 4,
and the north three foot easement of Lot 3, Block 5,
according to the Plat of the same filed in the Office
of the Clerk of the Circuit Court of Indian River
County, Florida, in Plat Book 4, Page 39.
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 hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
Attest:
This 21st day of October , 1981.
66"
Freda Wilg t, (Uleft
BOARD OF COUNTY COMMISSIONERS OF
BooK 47 PuE 766
OCT 211981
OCT 211981
day of
BOOK 47 ,r 767 �
RELEASE OF EASEMENT
This Release of Easement, executed this 21st
October , 1981, by the BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of Florida, first party; Walter T. Carroll,
whose mailing address is 8 Vista Palm Lane, Vero Beach, Florida,
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 right, title, interest, claim and
demand which the said first party has in and to the following
described easement, lying on land situated in the County of Indian
River County, State of Florida, to -wit:
Those side lot easements lying between Lots 3 and 4, and the
north three foot easement of Lot 31, Block 5, Heathland Sub-
division as recorded in Plat Book 4, Page 39, 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 only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed
and sealed these presents by the parties so authorized by the law
and the day and year first above written.
Signed, sealed and
delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
Attest: 4 1
Freda VlfJlght, CJbrk
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 State 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 acknowledged 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 a/'Q'� day of Ig 1981.
Notary Pub c, Stateof FlqVi a at Large
My commission expires:
MOTAV KRtIC STATE OF fL:,RiO: AT LA£GE
MY C0'4AMIScICN EXPIRES
(Notary Seal) 40-011) 1HRu G` ,1717 %L INS • LWER'NRITIZ
OCT 211991 Booz 4 7 PACE 168
6��� � � i'ri�F �
OCT 211981 169
RELEASE OF EASEMENT - RESOLUTION 81-86
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously adopted Resolution 81-86 for Release
of Easement of the north 5 ft. easement of Lot 2, the south 5 ft.
easement of Lot 3, the north 5 ft. easement of Lot 3, and the south
5 ft. easement of Lot 4, Block 4, Roseland Gardens, as requested by
James and Jeanne Ryan.
RESOLUTION NO. 81-86
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release the north 5 ft.
easement of Lot 2, the south 5 ft. easement of Lot 3, the north
5 ft. easement of Lot 3, and the south 5 ft. easement of Lot 4,
Block 4, ROSELAND GARDENS according to the Plat of same recorded
in Plat Book 8, Page 25, of the Public Records of Indian River
County, Florida; and
WHEREAS, said lot line easements were dedicated on the
Plat of ROSELAND GARDENS 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 following
lot line easements in ROSELAND GARDENS, shall be released,
abandoned and vacated as follows:
The north 5 ft. easement of Lot 2, the south 5 ft.
easement of Lot 3, the north 5 ft. easement of Lot
3, and the south 5 ft. easement of Lot 4, Block 4,
Roseland Gardens according to the Plat of the same
filed in the Office of the Clerk of the Circuit
Court of Indian River County, Florida, in Plat Book
8, at Page 25.
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 hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 21st day of October , 1981.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
Attest:
r
Freda Wrig t, C
Boa .47 PACE -770
7O
OCT 211981
r OCT 211981 BOOK 47 Pa,E771
RELEASE OF EASEMENT
This Release of Easement, executed this 21st
day of October
, 1981, by the BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of thl!
State of Florida, first party; James Ryan and Joanne Ryan, his wife,
whose mailing address is 1119 S. Ocean Drive, Fort Pierce, Florida
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 right, title, interest, clair:i and
demand which the said first party has in and to the following
described easement, lying on land situated in the Clounty of Indian
River County, State of Florida, to -wit:
Those side lot easements of the north 5 ft. easement of Lot 2,
the south 5 ft. easement of Lot 3, the north 5 ft. easement of
Lot 3, and the south 5 ft. easement of Lot 4, Block 4, Roseland
Gardens Subdivision as recorded in Plat Book 8, Page 25, 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 only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed
and sealed these presents by the parties so authorized by the law
and the day and year first above written.
Signed, sealed and
delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS OF
INDIA14 RIVER COUNTY, FLORIDA
By:
Att
MIN
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 State 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 acknowledged 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 C;?/ day of gnz'4e , 1981.
Notary Publo, Statd-ot Floo7d-aat
My commission expires:
NpT RY DU'cil( S'^ ) ILS AIJ', A` L OG4
(Notary Seal) DONDED TFSII -1 ',Ns UtOr"iVAITEIS
ge
Boa 47
FACE 172
OCT 211981 BOOK 47 °AGE
773
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously approved a Certificate of Public
Convenience and Necessity for emergency service provided by the
Sebastian Volunteer Ambulance Squad, and the Indian River County
Volunteer Ambulance Squad.
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EMERGENCY MEDICAL SERVICES
"CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the SEBASTIAN VOLUNTEER Ambu eanee Say i,ce phov edea
quatity emergency me aenv Iced a zero a INDIAN R I V F R County;
and,
WHEREAS, theAe has been demonatkated that there i,6 a need jon .th,i a ambueanee a eAv iee
to operate in this county to p to v i de eba enti.at a ehv ice6 to the c it z em o b th i,a
County, and,
WHEREAS, the above ambulance aenv.iee has .indicated that it wilt eampZy with aU the
nequikementa o6 the Emehgeney Medicat. SeAv.ieea Act of 1973, the SoaAd ob County
Commi.6.6 c.oneu o6 INDIAN RIVER County hereby "zuea a CeAU6i.caZe of Pubti•e
Convenience and Neceaa y a am ee company fan the yecvc 1982
in .issuing thio ceAW6 ic.a to it i-6 undeutood that the above named ambueanee 6 eAvice
azi.P,2 meet the %equitement6 o6 State Legi4tat i.on and pnovcde emeAgeney •beAvicea on
a twenty- 6ouA hour buil bon the jottowing area (a) :
In Indian River County -
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/'`'I;� ;;il Approved 10/21/81 - / 'I�''e+i''''�at ',
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p Patrick B. L o
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EMERGENCY MEDICAL SERVICES
"CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
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WHEREASthe INDIAN RIVER COUNTY VOLUNTEER Ambutance SeAvice pkovideA f
quatity, emeAgency -m&imE TeA—VkCe,6 to &Wzenz o6 INDIAN RIVER County;
and,
WHEREAS, there has been demonAtPtated that there is a need Jon this ambutance 6eAvice
essential AeAvices to the citizens o6 this
to operate in this county to pxovide
County; and
o W ll'�'�tVl I
WHEREAS, the above ambulanceseAviee has indicated that it wZU compty with aU the ,I,§�ll �� ,,
1%equiument6 o6 the Emergency Medicat SeAvices Act o6 1973, the Boated oj County
Commis.6ioneu 06 INDIAN RIVER County hereby issues a Cetti6icate of Pubtic jjq
Convenience and Neeess y am b e company bon the yeah 1982
In issuing this cvttijicate it iz undeutood that the above named ambulance zeAvice
YaW meet the %equitement6 of State Legi4tation and provide emagency seAvices on
-6ouk haute basis Jot the 6ottowing akea(A):
a toenty L"I
In Indian River County
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Approved 10/21/81
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Patrick B. Lyon
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PISTOL PERMITS
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously approved the application for
the issuance of a pistol permit to:
George Keppell
June Young
Alvin Young
BROADWAY BOULEVARD
Michael L. Donghia
James E. Copeland, Jr.
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously approved the request from Mayor Suit
to close Broadway Boulevard, also known as County Road 507, between
the hours of 4:30 p.m. to 6:00 p.m. on October 31, 1981.
C & J AMBULANCE SERVICE
The Board decided to hear this item at the next County
Commission Meeting.
OCT 211981
7
BOOK 47 PAGE 776
86% 4 f,1,E !
OCT211981
SOUTH BEACH WATER SYSTEM - FINANCING PROPOSAL
The Board reviewed the following proposal from Arch W.
Roberts & Co. and The Leedy Corp.:
0
October 12, 1981
:honorable Chairman and Mt -,hers
iridian Pdver County
Board of County Camarassioners .
2145 14th Avenue
Vero Beach, Florida 32960
Gentlemen :
Arch W. Roberts & Co. and The Leedy Corp. are delighted to have beer= selec*_ed
by you to serve as investment banker's for the fin,nci.rg of the South Bea,.I; and
mainland additions to the South County Water. Systen. We deeply appreciate the
confidence in our capabilities and expertise whdch t`,at dacysicn acticulates.
e pledge to place the highest priority upon our respective fin's to}-,�
I-
resources in order to meet the needs of your f ir-ilzc'_ng.
�t4ac;ied to this letter is a prcposeed contract to be entered into b1T tree B,---rd
to
.,
of Co:i^.t-y C—mmissioners and our firths. phis co:�tract has been reviewed �tiw;,
the County Attorney and we understand he will advise the c,--- rwssion of his
apprcrura i of the docwrent as to form a1 -,-j correctness.
I,, wi`ir, the T�r��'lOUS contract for tkie l.ni tial Eir ci ng Of tYl� South v� 1L1T'i�.4
,,vats- ,. ste,. ; P.O CO?i:pC'I1sa+-ion- would r•? due and payer le to our firms ria yO: `.0
the closing of the fir:ancings, and then or:ly frc a the proceeds of the
financing.
We w?1.1 be present at your meeting cr Dctober 21 to ansae: any quest -o;1= you
myi, have sn regard to the contras::. or any other asper'`� of the fiz�a.ag.
Vet_y truly yours,
,RCF. W. RCL -FACS- a :: .
THE, LEM�' CORP.
Z,tanl ey L. La vena .
Lengthy discussion followed about various adjustments
to be made in the agreement.
Motion was made by Commissioner Scurlock, seconded by
Commissioner Bird, that the Board approve the Agreement, subject
to the changes as reviewed and approved by the County Attorney,
and authorized the signature of the Chairman.
Commissioner Fletcher thought the Board was making a
mistake and stated he planned to vote against the Motion.
The Chairman called for the question. It was voted on and
carried with a vote of 4 to 1, with Commissioner Fletcher voting in
opposition.
®CT 211981 9 BOOK 47 PAGE 778
OCT 211981
Honorable Chairman and Members
Board of County Commissioners
Indian River County, Florida
2145 lath Avenue
Vero Beach, Florida 33960
G�r�tlemen:
Bao'K 4 7 nn,E 779
oc:tober 26, 1931
This Agrear:ent acknowledges that Indian River County, Florida (tne "Issuer")
has engaged Arch W. Roberts & Co. and The Leedy Corp. (the "Underwrll ers") to
develop, structures underwrite and market the financings ne:.essary tc construct
the South Beach extension to the South County Water system and additions tc the
South County Water System on the mainland. These financings are exZ-ected to
consist of a $1.9 million Bond Anticipation Note (BAN) issue secured by a
Farmers Hage Administration (FmHA) $1.9 million permanent loan co.mitment and a
water revenue bond issue of approximately $4.mi11ion size secured: by a parity
olecae of net revenues derived from the System. The $4 million water reverue
issued may be interim financed through the issuance of B_AN's. Additionally, it
may to necessary or desirable to obtain interim financing through the issuance
of Tax Anticipation Notes (TAN's). It is specifically agreed that the Issue=
may pursue a private placement with local banking institutions of any 'rA"•s
which may be issued in addition to considering a nxrotiatec purchase proposal
for such TANs from the Underwriters.
in carrying out the intens of thi.z, Agrewner:t the Underwriters shall:
a) make reasonably available to the .Issuer and the Issuer's staff and
consultants adequate and qual if iec6 personnel to assirt in the
development and strucuaring of the financings.
b) prepare and present to the Issuer a Plan(s) of Finance that will
accomplish the goals and objectives of the Issuer to develop an
efficient and -financially viable County Water syscwa at the 1%:ebb
possible cost available in the financial markets.
c) assume the lead role in preparing Offering Srateamcnts foT the
financings.
d) prepare any spec�.al financial studies or analyses deemed necessary
or desirab'_e fou the various financings.
e) agree that time is of tree essence with reaard to all the
cor_tenplated financings of the Issuer and hence shall place a high
priority upon their personnel and res.•-arces such that the Issuer's
financings can be accomplished successfully anal in a timely m'amer.
Arch W. Roberts & Co.
Investment Banking and Municipal Finance 1445 Second Street, Suite B-2, Sarasota, Florida 33577 (813) 366-1681
f) carry out an extensive pre -sale marketing effort for each financing to
be distributed by public offering so as to expose the issue to the largest
possible number of potential investors, thus stimulating market interest
and achieving the lowest interest rates available. In conjunction with the
pre -sale marketing activity the Underwriters shall, as deemed necessary or
desirable for each financing;
(1) investigate the desirability of and eligibility for bond
insurance.
(2) arrange meetings with the rating services and assist the Issuer
in preparing and making the presentations.
(3) arrange and conduct information meetings with institutional
investors and other dealer firms.
(4) keep the Issuer continually informed as to the status of the
financial markets, the pre -sale marketing activity and the interest rates
and terms likely to be available on the sale date.
(5) reserve the right for each particular financing to determine if
distribution of the issue can best be accomplished via public offering or
private placement.
g) employ and pay the fees of Underwriters Counsel when such counsel is
deemed necessary.
h) present a negotiated purchase, proposal to the Issuer to purchase not
less than all the Bonds or Notes to be issued for each financing. The
negotiated purchase proposals shall be subject to:
(1) prevailing market conditions at the time the proposal is
presented to the Issuer.
(2) terms and conditions established in the proposal.
(3) an unqualified opinion as to the legality and tax-exempt status
of the Bonds or Notes from Bond Counsel.
D submit an investment proposal for the investment of temporarily idle
proceeds of each financing so as to maximize interest earnings while
preserving the principal amount of the investment, maintaining liquidity
and minimizing market risk due to liquidation of investments prior to
maturity. The investment proposal will be separable from the negotiated
purchase proposal to purchase the Bonds/Notes.
j) pay their own expenses in the event any particular financing does not
take place.
2. The Issuer agrees to:
a) cooperate with the Underwriters in providing or developing information
4
BQOK . 7 PAGE
OCT 211981 11 I
� J
� OCT
211981
BOOK 4 7 1FAIGI
E ���,
with regard to Indian River County, the County Water System or any
other relevant aspect of any financing which is necessary or
desirable to disclose to potential investors in the Offering
Statement.
b) to provide an Engineer's Report with regard to each financing
for inclusion within the Offering Statement.
c) to provide an Accountant's Report for inclusion in the
Offering Statement for each financing which shall include the latest
audited financial statements of the Issuer, the opinion of the
independent certified public accountant with regard to those
financial statements and, if deemed necessary by the Underwriters, a
"stub period" audit.
d) to employ Bond Counsel for each financing whose opinion
enjoys favorable national recognition within the financial community
to render an approving legal and tax opinion on the Bonds/Notes and
to carry out all legal work customarily performed by Bond Counsel.
e) to pay the following applicable fees and expenses for each
financing.
(1) the fees and expenses of Bond Counsel,Issuer's Counsel,
Consulting Engineer, Certified Public Accountant and any other
professional, consultant or expert the Issuer determines is
necessary or desirable to employ.
(2) any charges of the rating services: Moody's and
Standard & Poor's.
(3) the expense of typesetting, printing and distributing
the Offering Statement, both preliminary and final.
(4) the expense of publishing any required legal
advertisements.
(5) the cost of any bond insurance.
(6) the cost of printing the Bonds/Notes.
(7) any court costs relating to validation or an appeal
therefrom.
(8) the expense of delivering the Bonds/ Notes in New York
or other mutually agreed location.
(9) the out-of-state travel expenses and other extraordinary
expenses incurred by the Underwriters, undertaken with the express
approval of the Issuer. The Underwriters agree to pay their
in-state travel, professional, clerical, adminstrative and overhead
costs.
3. The Underwriters are hereby granted by the Issuer the exclusive
3
M M
right at U-ieir sole discretion to underwrite the financings
contemplated by this Agreement. Fcr each financing the Underwriters
shall present a negotiated purchase proposal to the Issuer providing
for the purchase of not less than all the Bonds/Notes to be issued.
In the event mutually agreeable terms and conditions cannot be
negotiated for the purchase and sale of the Bonds/Notes the Issuer
shall be free to pursue other means of marketing the Bonds/Notes.
4. In carrying out the studies, investigations, marketing efforts and
other activities enumerated in this Agreement, the Underwriters
shall be acting on their (x -7n behalf as principals, and not as agent
or fiduciary of or to the Issuer.
5. This Agreement shall remain in force and effect, unless cancelled by
either party upon thirty (30) days written notice given to the other
party, until the financings contemplated herein have been
successfully completed.
6. This Agreement shall constitute a contract between the Issuer and
the Underwriters upon its approval and execution by the Issuer.
Attest
Clerk of the Circum Court
and Ex Officio Clerk
to the Board
Appravas to �and ectn -ds
�' Coun P_ttorney
V
ARCH W. PMERTS & CO.
THE L Y
B --
Attest :—
BOOK 4 7 PAGE ",2
OCT 211981 13
OCT 211981 eook 47 ['
F, JC 783
TRAFFIC SIGNAL STUDY - 8TH STREET & 27TH AVENUE
The Board reviewed the following letter from the Depart-
ment of Transportation and the memorandum from the County Administrator:
Florida
BOB GRAHAM
GOVERNOR
Department of Transportation
Haydnn R,.mb I?wlaai0 6'r. $uwanrre Surd 31301. TrIephOne IT141 4P.9 -B :41
780 S. W. 24th Street
Fort Lauderdale, Florida 33315-2696
September 17, 1981
Section 88004; State Road 607
at Glendale Road,
Indian River County -
REQUEST FOR TRAFFIC SIGNAL STUDY
Mr. Neil A. Nelson
Indian River County Administrator
2145 - 14th Avenue
Vero Beach, Florida 32960
Dear Mr. Nelson:
JACOB D. VARN
SECRETARY 20211?
f4- $j
`J
C.
r
We have recently completed a traffic signal study at the subject
intersection. This study included consideration of such factors
as traffic volumes, delay studies, pavement and geometric character-
istics, field reviews and accident analysis.
A review of the data revealed that the minimum warrants for
signalization, as put forth in the manual on Traffic Control Devices
were not met at this location. However, we did note the presence
of amber flashing beacons on the stop signs at this intersection.
It is our recommendation that Indian River County replace these
beacons with red stop sign control beacons.
Although we understand the concern of the citizens of Indian River
County regarding traffic safety at this location, we must point out
the following:
o The fatal accident of May 25, 1981 was caused by a motorcyclist
on Glendale Road driving at 70-80 mph. It is questionable
whether a person driving in such a fashion would be restrained
by a traffic signal.
o Traffic volumes at this location are too low to warrant a
traffic signal even when Warrant No. 6, the "Accident" warrant,
is applied.
v It has been found that the installation of unwarranted traffic
signals causes delay to vehicles on the main street as well as
increased delay to side street vehicles. In addition, rear -end
accidents are increased in frequency.
We must, therefore, deny_ this request for a traffic signal at the
subject intersection.
Sincerely,
j
/James P. Reynold, P.E.
Assistant District
Traffic Operations Engineer
TO: The Honorable Members of the DATE: October 14, 1981 FI LE:
Board of County Commissioners
SUBJECT: 8th Street and 27th Avenue Traff-
Signal Study
FROM: Neil A. Nelson, REFERENCES: James P. Reynold, Assistant District
County Administrator Traffic Operations Engineer, Florida
DOT to Neil Nelson, County Adminis-
trator dated Sept. 17, 1981
DESCRIPTION AND CONDITIONS
The Florida D.O.T. Division of Traffic Operations has completed a traffic
signal study of the 8th Street, 27th Avenue intersection. Analysis indicates
that this intersection does not warrent a traffic signal, and the County's
request for a signal was denied. The D.O.T. did recommend that Indian River
County install red stop sign control beacons in conformance with the Manual on
Traffic Control Devices at this location.
ALTERNATIVES AND ANALYSIS
The Traffic Engineer has contacted local signal manufacturers to receive
information on the required standard stop sign control beacon. It has also been
suggested that the beacon operate via electrical service so as to avoid costly
changing of batteries. This suggestion is being evaluated.
RECON2SENDATION AND FUNDING
Based upon results presented by the D.O.T., it is recommended that:
1) The Board of County Commissioners accept the September 17, 1981
report by the D.O.T. stating that a traffic signal is not warrented
at 8th Street and 27th Avenue.
2) The Board authorize the County Traffic Engineer and Road and Bridge
Department to proceed with the purchasing of a -standard red stop
sign control beacon as recommended by the D.O.T. Funding for the
Beacon not to exceed $1500.00 shall be from Road and Bridge Depart-
ment budgetted funds, Account No. 002-214-541-66.44.
Administrator Nelson advised that installation of red blinker
lights over the stop signs would cost $1,700 but would not require
authorization from DOT. However, he added, an aerial blinker
would cost between $2,800 to $3,200 installed and authorization would
have to be obtained from DOT.
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously approved the installation of an aerial
blinker light, and to request emergency permission from DOT for this
installation.
OCT 211981 15 Box 47 r- AGE `784
..
RELEASE OF ESCROW FUNDS - PAVING OF KELLEY ROAD
soon
7 , rr, 785
The Board studied the following memorandum from the
County Administrator:
TO: The Honorable Members of the
Board of County Commissioners
FROM: Neil A. Nelson,
County Administrator
DESCRIPTION AND CONDITIONS
DATE: October 13, 1981 FILE:
SUBJECT: Request for Release of Escrow Funds for
the Paving of Kelley Road and 39th Ave.
adjacent to Shady Oaks Subdivision
REFERENCES: Gene Wilmoth to Neil Nelson dated
Sept. 17, 1981 and Oct. 13, 1981
Mr. Gene Wilmoth of WDRF Investments is requesting that the County release
$15,300. which is currently being held in the County's Escrow Account for paving
a half road along the existing unpaved portion of Kelley Road and 39th Avenue
adjacent to Shady Oaks Subdivision. This money was placed in escrow by WDRF
Investments during the month of April, 1981, when the County policy was to
request funds for the paving of abutting unpaved roads as a condition of final
plat approval. Since that time, the County has adopted Ordinance 81-27, Special
Assessment Ordinance, and the paving for such unimproved roads in the future shall
be funded via assessment by the ben1981tBoardVmeetingTehen theners.his cKingslakey was aUnithIl
l
by the Board during the August 9,
Preliminary Plat was approved
ALTERNATIVES AND ANALYSIS
Two alternatives are presented for consideration:
Alternative #1
Release the $15,300. back to the developer and fund the future paving
of Kelley Road and 39th Avenue via Special Assessment. This alternative would
have no significant impact on the recent past purchases of these lots since the
price they paid for each lot did not reflect the road paving costs. The developer
has stated that this escrowed cost was not included in the price of the lot and
WDRF Investments did not conmiunicate that money was allocated for paving lmtpheove-
ments to the buyer . As a result, the buyer can not justifiablyprotest
County for imposing an assessment for this paving.
Alternative #2
Deny release of the $15,300. and use this.money for the future paving
of these roads as per past County Policy.
RECO,t4ENDATIONS AND FUNDING
Since the Developer has not passed this $15,300. on to lot purchases and
since the buyers of lots in Shady Oaks Subdivision are not aware that the
developer posted this bond, the staff recommends that the $15,300. paving cost
be returned to 1VDRF Investments.
The only funding consideration to be addressed by the Board for this item
involves the County's Escrow Account.
On A4otion by Commissioner Scurlock, seconded by Commissioner
Wodtke, the Board unanimously agreed to deny the release of escrow
funds for the paving of Kelley Road and 39th Avenue.
� r �
FUNDING OF'RIGHT—OF—WAY ON STORM GROVE ROAD
The Board next considered the following information:
TO: Indian River County DATE: October 14, 1981 FILE:
Board of County Commissioners
SUBJECT: Funding of Right -of -Way on
Storm Grove Road
lrl/
FROM: REFERENCES.
Nei Ne.Nelson
County Administrator
1. Description and Conditions
Funding is necessary to pay for the acquisition of right-of-way on
Storm Grove Road in the amount of $68,861.46 to be paid to E. T.
O'Neill & Son Construction Corporation. This right-of-way was ob-
tained at the direction of the Board of County Commissioners. Immediate
payment is necessary.
2. Alternative and Analysis
These funds have been loaned from County Trust Fund 7-7101-214-541-6633
and should now be requested from our Road Trust Fund in Tallahassee.
(See Minutes of April 15, 1981, attached). The alternative would be to
allow these charges to remain against the local County Trust Fund in the
above amount.
3. Recommendation and Funding
We recommend authorization for the Chairman to sign Department of Trans-
portation Form #121.05 in the above amount. Also attached is the Project
Expense Sheet for this project.
On Motion by Commissioner Bird, seconded by Commissioner
Wodtke, the Board unanimously approved the recommendation by the
Administrator for the Chairman to sign the Department of Transportation
form #121.05 in the amount of $68,861.46, as per the memo dated
October 14, 1981.
17
Bou 47 Pace �1-'6
OCT 211981
PUBLIC HEARING — OFF—STREET PARKING — ORDINANCE 81-36
4 Y
The hour of 9:00 A.M. having passed, the Deputy Clerk
read the following Notice with Proof of Publication attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
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
the matter of t/ , if, e . ' A /_/ - 7 / — 3
n the
Court, was pub-
.ned in said newspaper in the issues of-�' 3� • D'^ �0 �/ o
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
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 th* 0 - d f
() (7 Obi
(Clerk of the Circuit Court,
(SEAL)
nesVAanager)
River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
October 21, 1981, at 9:00 A.M. in the City
Council Chambers in the Vera Beach City Hall,
to consider the adoption of an, Amendment to
Indian River County Ordinance 71-3
establishing off-street pavement type
requirements.
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-
pose, he may need to insure that a verbatim
record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal is based.
Board of County Commissioners
Indian River County, Florida
By: -s -Patrick B. Lyons, Chairman
Sept. 30, Oct. 10, 1981.
�'7
� r �
County Engineer Jim Davis reviewed the proposed ordinance
and discussed asphalt pavement, rigid pavement and the design process.
The Board also discussed site plan requirements.
The Chairman asked if there was any one present who wished
to be heard. There were none.
On Motion by Commissioner Scurlock, seconded by Commissioner
Bird, the Board unanimously agreed to close the public hearing.
Commissioner Wodtke suggested that Engineer Davis get
together with various contractors and engineers to get their input
regarding the economic impact of this matter.
More discussion followed.
On Motion by Commissioner Scurlock, seconded by Commissioner
Fletcher, the Board unanimously adopted Ordinance 81-36 amending
Ordinance 71-3 establishing off-street pavement type requirements.
BOOK .47 PAGE ���
OCT 21191 19
OCT 211901 7 cn{cE 89
INDIAN RIVER COUNTY ORDINANCE NO. 81-36
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that Section 24 of Indian River
County Ordinance 71-3 is hereby amended by adding the following
Paragraph (f) as follows:
(f) OFF-STREET PARKING - PAVEMENT TYPES
Off-street parking areas shall be constructed of
one of the following pavement types:
1. Flexible Pavement consisting of a subgrade, base
coarse, and asphalt surface coarse to be constructed
in accordance with the following (a) thru (e):
a) A six (6) inch thick homogenious subgrade mixed
and stabilized to a Florida Bearing Value (FBV)
of 50 psi minimum and compacted to a minimum of
95% of maximum density (AASHTO T-180). -
b) A six (6) inch thick limerock or cemented coquina
base compacted to a 95% maximum density (AASHTO T-
180) or a six (6) inch thick soil -cement base hav-
ing a minimum 7 day compressive strength of 300
psi and compacted to 95% maximum density (using
PASHTO T-180) .
c) A D.O.T. approved bituminous prime coat of grade
RC -70 or RC -250 applied from .10 to .35 gallons
per square yard.
d) A compacted 1 -inch thick D.O.T. Type II asphaltic
concrete surface course.
e) Testing of the above flexible pavement construc-
tion shall be by an independent testing laboratory
approved by the County Engineer. The number of
Modified Proctor (AASHTO T-180) tests for subgrade
and/or base work shall be one for each material
type. At least 2 FBV tests or one per 10,000
square feet of pavement, whichever is greater, is
required. At least one in place density test for
every 10,000 square feet of pavement using ASTM D-
2167 (Rubber Balloon Method), Sand Cone Method,
ASTM 2922 (Nuclear Method), or other method as
approved by the County Engineer is required for
both subgrade and base course construction. A
minimum of two in place density tests are re-
quired regardless of size of pavement areas.
Soil -cement testing shall be as per Indian River
County Standard Specifications.
2. Rigid (Concrete) Pavement consisting of the follow-
ing (a) and (b) :
a) A six (6) inch thick subgrade stabilized to a
Florida Bearing Value of 50 psi minimum and com-
pacted to -a minimum of 95% maximum density using
AASHTO T-180.: Testing shall be as for Flexible
Pavement above.,
b) For nonindustrial use, a 4-1/2 inch thick non
reinforced concrete pavement. For industrial
and frequent truck use, a minimum six (6) inch
thick non reinforced concrete pavement. Design
thickness for heavy equipment use shall be in
accordance with the Portland Cement Association
recommendations. Calculations shall be submitted
to the County Engineer with the request for Rigid
Pavement design showing the structural adequacy
of the design and the design life of the project.
All concrete to be 3000 psi in 28 days (AASHTO
T023). All materials, longitudinal, transverse
and construction joint location, material place-
ment, and finishing shall be as recommended by
the Portland Cement Association and the Concrete
Promotional Council of Florida. At least 3 com-
pressive strength cylinder samples shall be taken
for every 10,000 square feet of pavement, or 5
per job; whichever is greater shall apply. Slump
shall be 2 to 4 inches (AASHTO T-119). Compres-
sive strength shall be reported for 7, 14, and
28 days after placement.
- 2 -
OCT 211981 Bou .47 PAGE 790
0 CT1991 �oo� 7 rA,E 791
2�
3. Paving Stone, block or similar type construction
shall be allowed subject to approval by the County
Engineer.
4. Solid Sod and/or grass placed on a stable, load
bearing type subgrade may be allowed for offsite
parking areas subject to infrequent use such as
weekly use characteristic of churches and similar
type functions, for equipment storage areas,
agricultural facilities, and other uses as approved
by the Indian River County Planning and Zoning Com-
mission pursuant to Site Plan Approval. The follow-
ing additional information shall be required as
supporting data accompanying such request:
a) Topographic map of the complete site.
b) Intended use of the site including frequency
of parking and type vehicle.
c) Location of ground water table during the
wettest season of the year.
d) Soil profile to a depth of 6-8' taken at 2
locations minimal.
e) Maintenance program outlined for the parking
area as prepared by the owner.
f) Typical section of the parking lot area.
g) Complete drainage plan for the site.
Each request shall be subject to approval by the
Indian River County Planning and Zoning Commission
pursuant to Site Plan Approval.
5. Driveway Aprons constructed in the County Right-of-
way where a paved County road exists and connects
developments proposed for Site Plan Approval shall
be of the flexible pavement or rigid pavement design,
as specified in (f) 1. and (f) 2. above, and shall
be constructed only after receipt of an Indian River
County Department of Public Works Permit.
•6. All construction within the County Right-of-way and
as referred to in this section shall be to Indian
- 3 -
River County Standard Specifications, latest edition.
7. This ordinance shall become effective as of the 26th
day of October , 1981.
- 4 -
BOOK
4 7 PAGE��
r OCT 211981
FIRE TRUCK PRESENTATION
BOOK 4 7 urs, 793
The Board then adjourned at 9:30 A.M. for the presentation
of a fire truck by the City of Vero Beach Volunteer Fire Department
to the South Indian River County Fire District, which took place
outside City Hall. The Board reconvened at 9:45 A.M. with the same
members present.
On Motion by Commissioner Wodtke, seconded by Commissioner
Scurlock, the Board unanimously adopted Resolution 81-84, to be
drafted by the County Attorney, to show appreciation to the City of
Vero Beach Volunteer Fire Department for their generous donation of
the fire truck, which was paid for by funds raised through donations
and various functions held within their organization.
Resolution 81-84 will be made a part of the Minutes when
received.
FRANK ZORC - COMMENTS
Frank Zorc approached the Board, and commented he wanted
to take advantage of freedom of speech. He felt there was an attack
on his integrity because he spoke up - the average citizen is afraid
to do so and some cannot afford to take out advertising. Mr. Zorc
felt his ad to the taxpayers regarding 16th Street and Indian River
Boulevard Extension of September 24th was very informative and pro-
vocative - it was also edited by some legal people. He briefly
commented about Attorney Collins office, the additional property
purchased by Attorney Caldwell, and on remarks made by Commissioners
Wodtke and Bird, and former Commissioners Loy and Siebert. Mr. Zorc
stated he tried to stay on the fair side and reminded the citizens
that they are the bill payers.
INDIAN RIVER BOULEVARD - REYNOLDS, SMITH & HILLS FUNDING
Dale Sorensen, Chairman of the Hospital Board of Trustees,
came before the Board and referred to the many petitions he has to
date. The petitions, containing 2,203 names, are on file in the
Office of the Clerk. He commented about community support for the
Indian River Boulevard project, and praised the hospital as being
fully accredited and as having the finest medical staff.
Mr. Sorensen mentioned letters he had received frorp numerous people
in support of the project. He stated that the Department of Trans-
portation showed Indian River Boulevard as part of the master plan,
which was of prime importance in.their evaluation study for the
location of the hospital. Mr. Sorensen advised that the Board of
Trustees had made a commitment to Indian River Boulevard dating back
to 1970. He stressed the hospital is where it is because of the
road and -not the reverse. Mr. Sorensen brought up another issue:
some have tried to make this a road intended for beach residents only,
which was not true - the road would be a benefit to Vero Isles,
Rockridge, Fairlane Harbor, etc., and as a by-pass of U. S. #1. He
touched briefly on the emergency and medical needs at the hospital;
their primary concern was for all aspects of patient care. Mr.
Sorensen stated he would rather have the quickest, safest and most
direct route to the hospital and he knew that the current route was
not the safest one. He stated that all the environmental concerns
of the project have been satisfied. Mr. Sorensen commented that
16th Street has now been interjected into the project discussion.
He stated that, as a practical matter, wherever you build new roads
or improve existing roads, whether it be Indian River Boulevard or
16th Street, it would benefit the over-all community. Mr. Sorensen
requested that the Board support the continuation of Indian River
Boulevard for the following reasons:
OCT 211981
1. The road was and is part of the DOT plans as a U. S. #1
by-pass. Certain funds have been put aside and the road
has been planned for over the past 11 years.
21
@( � 47 PAGE IN
OCT9�11, Boos 4 7
� 1
2. The road will provide a much-needed second access to
the hospital.
3. It will give credence to the supporters of this project,
which number over 2,500.
4. There will be medical and emergency benefits.
5. The cost to continue the permitting process does not
appear to be exorbitant.
He stated that the Hospital Board would pledge to work closely with
the County and its staff to provide a cooperative effort; two
governmental bodies would be working together to truly benefit the
community. He commented that he would be willing to recommend to
the Hospital Board that they adopt a resolution to allocate some
of their existing funds to cover all or a portion of the costs out-
lined by the engineers for the project. Mr. Sorensen added that
the cost would take this project to the bidding process. He urged
the Board not to waste the money that has already been spent on this
project, and to consider the work and commitment made by past Commis-
sioners. Mr. Sorensen urged continuation of work on the project to
its natural conclusion, otherwise, he felt it would be unfair to
everyone involved.
Commissioner Scurlock expressed amazement that the Board
had never been given complete up-to-date financial information on
16th Street and Indian River Boulevard. He felt the staff should
put the dollar amounts next to the projects, conduct a referendum
and see if the community want the projects, and determine how they
are to be funded.
Mr. Sorensen stated that the Hospital Board's feeling was
that if they could work with the Board, this situation could be
resolved.
Commissioner Fletcher felt the issue at hand had nothing
to do with the good will at the hospital. As far as an 11 year
plan, there was also a plan for making a tower at the hospital, he
reported. He commented that as time goes on, plans do change,
project.
Lengthy discussion followed about the appraisals for the
William Koolage, interested citizen, spoke of the merits
of paramedics. He suggested that if a north -south route was needed,
it should be located further west.
Frank Zorc, interested citizen, asked that it be noted in
the Minutes that the Indian River County Taxpayers Association opposed
the project and wanted to have a referendum. He then reviewed the
petitions he received and they were 96% in favor of having 16th Street
built, and 4% were in favor of having Indian River Boulevard built.
Mr. Zorc stated he knew of a more direct route to the hospital, with
a paved road within sight, but his suggestion had not been considered.
Ann Robinson, Country Club Pointe, expressed concern about
drainage and commented that they would fight diligently to restore
the design and the section of bridging between Country Club Pointe
and Indian River Boulevard. She urged the Board to vote in favor
of Alternate 2, as she felt having a referendum would resolve this
problem.
BOOK 47 PAGE 196
0CT 2 11981 23
BOOK 7 PAGE X79 7
Ray Fernald, Pelican Audubon Society, came before the
Board and asked the Board to complete the engineering design. He
mentioned that the Corps of Engineers would take into consideration
such things as: public demand, the request for a referendum, and
opposition to this project.
Bob Ballard, 1756 Cypress Lane, felt the hands of the Board
members were being tied by an advertising campaign; that is, stirring
up the rich against the poor. He noted that the County had the services
of professional engineers and consultants, and he felt their recom-
mendations should be followed. Mr. Ballard thought the building of
an additional road to the hospital would be the right thing to do.
He implored the Board to finish the permitting process so that the
matter could be considered later in a more calm atmosphere.
Gary Wheeler, 625 32nd Terrace, noted there was more traffic
flow on 16th Street as opposed to Indian River Boulevard, but felt
it would take time to engineer the 16th Street project. He also
agreed that a north -south route should be located west of town.
Victor Knight, interested citizen, urged the Board not to
waste the large amount of money already spent on the project, and to
continue the process to the permitting stage. He noted that the road
had been proposed long before the hospital was to be built at its
location.
Mr. Sorensen advised that the Hospital Board considers
the paramedic program a very high priority item and would continue
to work on it.
Chairman Lyons interjected that if paid paramedics were
added, he was afraid that would be the end of the Volunteer Ambulance
Squad.
Dr. Phil Morgan, came before the Board and agreed that
there would have to be more access to the hospital in the very near
future - he also was in favor of getting the paramedics program
going.
Dan Richey, concerned citizen, was in favor of getting the
permitting completed for the project, as a great deal of money had
already been spent.
Mr. Zorc approached the Board again to suggest that a
bridge be built over the railroad tracks on U. S. #1 in order to get
to the hospital quickly from the west side of the County. He was
hopeful to get the project issue straightened out locally or they
would be forced to fight the permitting process, as there were
several levels of appeals. As of this date, he noted that he had a
fairly large contingency of people to take this matter to court.
Motion was made by Commissioner Scurlock, seconded by
Commissioner Fletcher, that.the Board select Alternative 2, which
would complete all the design work at a cost not to exceed $11,620,
have the Administrator gather all the alternatives so this matter
could be placed on the ballot in a reasonable and well -presented
manner at the next election.
engineers.
Lengthy discussion followed about the contract with the
Commissioner Wodtke felt Indian River Boulevard had been
a long-standing project and had been a commitment by the Board for
a great many years. He did not think that a road could be planned
by referendum. Commissioner Wodtke strongly felt that there was
a need for this road - it is a vital road and we must have access
to the hospital. He commented that so much -time and effort had been
put into working on this project, and strongly urged the Board to go
through the necessary permitting. Commissioner Wodtke asked the
Board not to vote for the Motion but to go to Alternate #3, which
would take us through the permitting stages.
OCT 211981 25 BOOK 47 PAGE %98
r OCT 21191
BOOK 4 7 PACE 799
Commissioner Bird could not understand what the fear was
among the Board in proceeding with Alternate #3 and proceeding to
the permitting process. As the fund for the roads would be replen-
ishing itself, there was a possibility that there would be enough
money for both projects. He stated he was in support of Alternate #3.
Chairman Lyons noted that he had problems with the
Motion regarding setting the referendum at this time. He felt that
there will be a great deal of opposition by various groups. The
Chairman advised he would vote against the Motion, but would vote for
one that simply takes Alternative #2.
Discussion ensued regarding the referendum.
Commissioner Scurlock withdrew his Motion, and Commissioner
Fletcher withdrew his second.
Motion was made by Commissioner Scurlock, seconded by
Commissioner Fletcher, that the Board take Alternative #2 to complete
all design work at - cost not to exceed $11,200.00.
The Chairman called for the question. It was voted on
and carried with a vote of 3 to 2, with Commissioners Bird and
Wodtke voting in opposition.
The Board of County Commissioners recessed at 12:20
o'clock P.M. for lunch and reconvened at 1:45 o'clock P.M.
with all members present.
PUBLIC HEARING - REZONING MIDWEST FEDERAL S & L (A to R1MP
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 _XQzew /.2 — xx �� Lt� • �'Zy�
in the
Court, was pub-
lished in said newspaper in the issues of oZ 3
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. p,p
Sworn to and subscribed before me this ay of A.D. r L/
usi Managed
(Clerk of the Circuit Court, IndiarWiver County, Florida)
(SEAL)
e NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, is reviewing the feasibility of
making the following changes and additions to
the Zoning Ordinance of Indian River County,
Florida, which changes and additions are
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property situated
between 12th and 16th Streets, west of 82nd
Avenue, in Indian River County, Florida, to -
wit:
Tracts 1 and 2s and Tracts 7 and'8, less the
South Sixty (60). feet thereof for road right-of-
way, Section 11, Township 33 South, Range 38
East,' -according to the plat of Indian River
Farms Company, filed in the office of the Clerk
of the Circuit Court of _St. Lucie County,
Florida, in Plat_Book 2, page 25, said land now
lying and being in Indian River County,
Florida, containing 160 acres, more or less.
Be changed from A -Agricultural to R-iMP
Mobile Home Park 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, October 21, 1981, at
A: 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,
Sept. 23, Oct. 1, 1981.
Attorney Collins commented that a few months ago,
the Commission had turned down a request for similar zoning
in this general area, and this matter is presently under
litigation.
The affected property owners were sent notice of the
public hearing by Freda Wright, Clerk of Circuit Court, as
required by F.S. 125.66.
®C T 211981 27 BOOK � PAGE ®�Q
I
0 CT1991 nox m t
21 1
Senior Planner Art Challacombe read the following memo:
TO: NEIL NELSON - DATE: September 11, 1981 FILE:ZC-80-25-447
County Administrator
FROM: D ID R -VE
Plannin & Zoning Director
SUBJECT: MIDWEST FEDERAL SAVINGS & Lr
TO REZONE 160 ACRES LOCATE'
STREET WEST OF 82ND AVENUE --
CULTURAL TO R1MP MOBILE HOME PARK
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 advertised for October 21, 1981.
1. DESCRIPTION & CONDITIONS:
Applicant requests the rezoning of 160 acres located between 12th and 16th
Streets, west of 82nd Avenue from A -Agricultural (1 unit/5 acres) to
R1MP-Mobile Home Park (8.7 units/acre). Subject property is presently
vacant. The adjacent areas to the north and west are zoned R-1MP, the
property on the south side of 12th Street is also zoned R1 -MP with a C-1
Commercial District located on the southwest corner of 12th Street and
82nd Avenue.
The subject property (shown as Village Green South) is a part of the
317.5 acre parcel which was reviewed within the Village Green Development
of Regional Impact (DRI) Assessment Report dated July 1981.
Based on_the DRI findings, the Board of County Commissioners issued a
development order (Resolution 81-59) providing the following conditions
for development:
1. Brine discharge from the proposed reverse osmosis water treatment
facility shall be discharged directly into drainage canals;
2. Applicant shall donate a 1/2 acre site and $35,000 to be utilized
for construction of a fire station. Applicant shall provide an
additional'$15,000 donation in the event that the County does not
use the site and the ownership of the 1/2 acre reverts to the ap-
plicant.
3. Applicant shall donate $40,000 for civil defense purposes.
4. Upon D.O.T. recommendation, applicant shall donate an equitable
sum to be used for installation of a traffic signal at the inter-
section of Ranch Road and SR 60.
2. ALTERNATIVES & ANALYSIS:
A) Approve the request to rezone the 160 acre parcel from A -Agricultural
to R1 -MP Mobile Home Park. Under the Rl-MP zoning district, the
maximum allowable gross build out is 1,392 units. However, under the
Development Order (81-59) the project shall not exceed 803 units
(approximately 5 units/acre). The development impacts have been
reviewed through the DRI.process. The subsequent Development Order
provides midigating measures and financial compensation to,offset
anticipated significant adverse impacts resulting from the proposed
land use. The proposed land use is compatible with adjacent resi-
dential uses and represents expansion of the areas existing mobile
home park development.
B) Deny the rezoning request, leaving the present zoning configuration
in tact.
3. RECOMMENDATIONS:
A) Staff recommends approval of the rezoning request and adoption of the
ordinance enacting that rezoning. On January 22, 1981, the Planning
and Zoning Commission recommended approval of the rezoning request.
B) That the ordinance effecting rezoning be adopted.
Commissioner Scurlock noted that when discussing the
Development of Regional Impact; he did not ever remember
information being submitted that this property was not
already properly zoned.
Attorney Collins explained that this property was
submitted for rezoning prior to the DRI. It subsequently was
recognized that this property combined with the previous
development would exceed the threshold of a DRI, and the DRI,
therefore, was held prior to considering the rezoning so
there would be a full assessment of all the impacts before
proceeding with rezoning.
Commissioner Scurlock wished to know if approval of the
DRI was not a commitment to the rezoning, and the Attorney
felt that it is a step in that direction.
Commissioner Fletcher stated that he also was under the
impression that the property had been properly zoned, and
Commissioner Scurlock continued to emphasize that he had been
totally unaware that this 160 acres would have to be rezoned,
and this information would have been another element in his
consideration at the DRI.
BOOK 4 7 PAGE 8,
OCT 211991 29
OCT 211981 BOOK 4 7
Senior.Planner Challacombe stated that this was brought
out several times at the Regional Planning Council, but he
did not know whether all Commission members get copies of the
minutes of the Regional Planning Council.
Attorney Gordon Johnson came before the Board
representing the applicant, Midwest Federal Savings & Loan.
He felt the Commission was familiar with the type of
development involved and believed that most all the
questions had been gone over before at the Development of
Regional Impact hearing.
Commissioner Scurlock wished to know where the similar
property which was denied rezoning is located in relation to
the subject property and what differences there are between
these properties, if any.
Mr. Challacombe noted that the Planning staff and the
Planning & Zoning Commission both had recommended approval of
the other rezoning; however, it was denied based on input
from the public and concerns over drainage, water and the
preservation of agricultural lands. The property denied
rezoning is located about 2h miles east and closer to town
than the property presently being considered.
In further discussion, it was noted that the
property presently being considered for rezoning, is
surrounded on three sides by R1MP zoning; there is some
agricultural on the east, but basically this would be a
squaring off of the area, which was not the situation with
the property denied the rezoning.
Attorney Johnston presented a map of the proposed layout
of their development and noted that no other expansion is
proposed in this area. Though the requested zoning actually
is a density of 8.7, their project will be developed at a
density of about 4.5 units per acre rather than 5, which the
Development Order calls for. This project will be similar to
the other Village Green development with beautiful
landscaping and only doublewide mobile homes, as was
disclosed during the DRI. Attorney Johnston next discussed
the zoning in the immediate area which is mixed with some
commercial, including a truck stop, convenience store, gas
stations, etc., near Route 60 and more mobile home parks to
the west. There is extensive agricultural zoning between
this and the property denied the rezoning and also some RR
zoning. The subject area is a much more consolidated area
and, in addition, it is contiguous with an existing mobile
home development.
Commissioner Bird suggested adding a provision in the
site plan ordinance requiring that sewer and water facilities
be located within the subject development and buffered from
the neighboring property instead of being placed on the
perimeter, and Mr. Challacombe stated that they are working
towards instituting buffering requirements in the ordinance.
Attorney Johnston reported -that their sewage facilities
are located close to the sewage facilities for the truck
stop.
The Chairman asked if anyone present wished to be heard.
There were none.
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously closed the public
hearing.
Commissioner Bird stated that from this point forward,
he would find it hard to consider further rezoning of
agricultural land for economic purposes, but in this
particular case, he believed we actually are squaring off the
boundaries. In addition, he felt they have shown good faith
in going through the DRI.
On Motion by Commissioner Bird, seconded by Commissioner
Wodtke, Commissioner Fletcher voted in opposition, the Board
by a 4 to 1 vote, adopted Ordinance 81-37 rezoning from
agricultural to R-lMP as requested by Midwest Federal Savings
& Loan.
OCT 211981
31
Boa 47 PAGE 804
OCT 21191
BUCK 47 NGE805
ORDINANCE NO. 81-37
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to rezone
the hereinafter described property and pursuant thereto held a public
hearing in relation thereto, at which parties in interest and citizens
were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of Indian
River County, Florida, that the Zoning Ordinance of Indian River
County, Florida, and the accompanying Zoning Map, be amended as fol7Lo-s:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
Tracts 1 and 2; and Tracts 7 and 8, less the South
Sixty (60) feet thereof for road right-of-way, Section 11,
Township 33 South, Range 38 East, according to the plat
of Indian River Farms Company, filed in the office of
the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, page 25, said land now lying and
being in Indian River County, Florida, containing 160
acres, more or less.
Be changed from A -Agricultural to R-lMP Mobile Home
Park District:
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect October 26,1981.
PUBLIC HEARING — REZONING FROM R-2 to C-1 RONALD HUDSON
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
in the matter of IfLjewc N.
in the
Court, was pub-
lished in said newspaper in the issues.of a,b .Z2 • .2 7! f
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
(SEAL)
(Clerk of the Circuit Court, Indian River County, Florida)
NOTICE _ `
NOTICE IS HEREBY GIVEN that the Board
Of County Commissioners of Indian River
County, Florida, is reviewing the feasibility of
making the following changes and additions to
the Zoning Ordinance of Indian River County,
Florida, which changes and additions are
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property, situated
on the SOUTHEAST CORNER OF THE IN-
TERSECTION OF NORTH GIFFORD ROAD
& 2511% AVENUE in Indian River County,
Florida, to -wit:
Lots 1 and 2, Block 13, HILLCREST SUB-
DIVISION, PLAT NO. TWO, according to the
Plat of same filed in the Office ofithe Clerk of
the Circuit Court of Indian River County,
Florida, in Plat Book 2, page 92.
Lot 1, Block 20, HILLCREST SUBDIVISION,
PLAT NO. FOUR, according to Plat of same
filed in the Office of the Clerk of the Circuit
Court of Indian River County, Florida, in Plat
Book 3, page 47.
Be changed from R-2 Multiple Family
District to C-1 Commercial District.
A public hearing in relation thereto at which
parties in interest and citizens -shall have.an
opportunity to be heard, will be held by said
Board of County Commissioners in the the
Council Chamber of the City Hall, Vero Beach,
Florida, on Wednesday, October 21, 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 th proceedings Is made, which in-
cludes testimony and evidence upon which the s
appeal Is based.
Indian River County I
Board of County Commissioners
By: Patrick B. Lyons, !
Chairman
Sept. 22, 27,1981.
'l•i - O
Notice -of the public hearing was sent to the property
owners by Freda Wright, Clerk of Circuit Court, as required
by F.S. 125.66.
Senior Planner Challacombe read the following memo:
0CT 211981 33
BOOK 47 PACE 806
TO: Neil Nelson
County Administrator
DATE: August 28, 1981
BOOK 47 PAGE&O
FILE: IRC-8I-ZC-6
SUBJECT: R. Hudson request tofo�i �.c3
acres from R-2 to
SEP 1981
H.
/ i�3�:,',i:::7h. c7.;. ,. •iia'
FROM: David M. Rev r REFERENCES:
Planning and Zoning Director
It is -recommended that the data herein be given formal consideration by the Cc
Commission in the form of a public hearing as advertised by Public Notice for
October 21, 1981.
1. Description and Conditions
The applicant requests rezoning of .33 acres from R-2 Multi -Family (15 units/acre)
to C-1 Commercial. The subject property contains Lot 1 and 2 of Block 13, and Lot 1
of Block 20 in Hillcrest Subdivision located on the south side 6f North Gifford Road
between 24th Avenue and 25th Avenue. The subject property.is approximately 300 feet
west of the intersection of North Gifford Road and Old Dixie Highway.
There is a M-1 Manufacturing District to the north which contains the Blue Goose
Packing House. The area to the south and west of subject property is zoned R-2 Multi -
Family. There is a vacant lot and a junkyard directly south of the subject property.
Middle 7 School is located on North Gifford Road, approximately 1000 feet to the
west. There are two duplexs 'on _the west side of 25th Avenue. The residential develop-
ment in the R-2 District is medium density.
This area is designated Medium Density in the existing Comprehensive Plan.
2. Alternatives and Analysis
A. Approve the request to rezone from R-2 Multi -Family Residential to C-1 Commercial.
This alternative would allow the development of a commercial u -shaped configuration
from 43rd Street and 27th Avenue east to Old Dixie, then north to North Gifford Road
and west to 25th Avenue. This area would have -access -to both rail service and a major
throughfare, Old Dixie. This commercial configuration would provide neighborhood
commercial services to the rather extensive residential areas to the west and south.
B. Disapprove the rezoning request and leave the zoning designation of R-2 Multi -
Family Residential.
3. Recommendation
A. The Planning Department recommends approval of the request to rezone .33 acres
from R-2 Multi -Family Residential to C-1 Commercial. The Planning and Zoning Com-
mission unanimously approved the recommendation in the public hearing of August 27,
1981.
B. That thb ordinance effecting the rezoning be adopted.
In discussion it was noted that Hillcrest Supermarket
formerly located on this property had burned down. The
applicant now wants to rebuild and wants commercial zoning.
@R4
� � s
Commissioner Scurlock stated that he had no problem with
this and felt it was a good use for the subject location.
The Chairman asked if anyone present wished to be heard.
There were none.
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously closed the
public hearing.
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously adopted
Ordinance 81-38 rezoning from R-2 to C-1 as requested by
Ronald Hudson.
ORDINANCE NO. 81-38
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public.: hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of Indian
River County, Florida, and the accompanying Zoning Map, be amended
as follows:
1. That the Zoning Map be changed in order that the
OCT 21 M1
following described property situated in Indian River
County, Florida, to -wit:
Lots 1 and 2, Block 13, HILLCREST SUBDIVISION, PLAT NO.
TWO, according to the Plat of same filed in the Office
of the Clerk of the Circuit Court of Indian River County,
Florida, in Plat Book 2, page 92.
Lot 1, Block 20, HILLCREST SUBDIVISION, PLAT NO. FOUR,
according to Plat of same filed in the office of the
Clerk of the Circuit Court of Indian River County, Florida,
in Plat Book 3, page 47.
Be changed from R-2 District to C-1Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect October 26, 1981.
35
BOOK 4 ! PAGE 0i18
� OCT 211981
BQdK 7 FACE 809
JAIL RENOVATION OR REPLACEMENT
Chairman Lyons reported that the original estimate of
about $150,000 to keep the jail usable until we can plan and
build a new facility now has risen to about half a million
dollars. Some suggestions have been made in regard to
improvements that are considerably less extensive than the
original concept, and the Chairman felt that the suggested
alternative improvements, plus the additional personnel
requested by the State, which would be added on a month to
month basis until we reached the required manning, would
serve to keep the jail usable for a time without going into
such a tremendous expenditure. He recommended that, in the
meantime, we start the process of the jail design, look for
an architect, and in general find out what we have to do
towards building a new jail.
Intergovernmental Coordinator Thomas reported that the
Chairman of the Public Safety Committee had requested that he
be appointed as financial advisor on a long range basis for
the eventual building of a new jail. He reported that after
doing some research, he has discovered that most of the
grants available have been on a matching basis (40/60 or
50/50). If the jail is built in conjunction with Civil
Defense headquarters, the State will bear certain additional
expenses. Mr. Thomas then reported on a new financial method
for construction of jails on a long term basis, and he
requested that the Board give a few minutes to Stan Livingood
who has handled such financing in Lee County.
Stan Livingood of Arch Roberts & Co. explained that the
financing utilized in Lee County was tax exempt financing
where the actual issuer of the bonds was a not-for-profit
corporation formed with the blessing of the Lee County
Commission and the County, in effect, granted a second lien
on the non ad valorem revenue to secure the bonds. He
explained that this type of financing offers several
advantages; there is no validation because it is a
s � �
not-for-profit corporation, and also they are not bound by
the competitive bidding statutes. In addition, financing
such as this would be considered an operating and maintenance
expense rather than a long term debt, but when the bonds are
retired, ownership of the facility must go to the sponsoring
organization. Mr. Livingood informed the Board that about 50
million dollars was financed in Lee County using this method,
and it was very well received in the market.
Commissioner ScurlocX .stated he was under the impression
that most of our non -ad valorem funds were already pledged,
and Mr. Thomas agreed , but pointed out that this would be a
second lien.
Commissioner Scurlock commented that it made absolutely
no sense to him to pour money into a bad situation when we
know we must have a new facility. He believed we need to
make a good faith minimum effort to make do until we can plan
and build a new facility. The Board agreed.
Discussion ensued about looking for an architect and
pursuing financing. It was noted that the process of finding
an architect takes several months.
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously authorized beginning
the process of selecting an architect for the design of a new
jail.
Commissioner Fletcher reported that he had talked with
Attorney Stewart of the Bar Association, and they are having
problems with financing lawbooks to provide to the jail
inmates. The Bar Association would like a letter from the
Commission Chairman requesting lawyers who are discarding
lawbooks to turn them over to the jail for the purpose of
building a law library for inmates. Chairman Lyons stated
that he would be glad to write the Bar Association in this
regard.
MEMO RE SPENDING $150,000 ON JAIL RENOVATIONS
37 Boa 47 PAGE 81.0
OCT 211981
OCT 211901
jail:
BOOK 47 MG 811
The Board reviewed the following memo in regard to the
TO: The Honorable Members of the
Board of County Commissioners
FROM: Neil A. Nelson,
County Administrator
DESCRIPTION AND CONDITIONS
DATE: October 13, 1981
SUBJECT: Jail Renovation
REFERENCES:
FILE:
As directed by the Board of County Commissioners during the September 2,
1981 meeting, the County Staff advertised for professional architectural services
for the Count}, Jail renovation work (notice attached). In response to this ad,
no letters of interest were received. In further effort, local architects were
called via telephone. John Calmes, local architect, expressed an interest in
the project, and after an informal interview on October 6, 1981, Mr. Calmes
submitted a proposal dated October 8, 1981. Since the Board of County Commissioners
approved the County Administrator's authority to select the architect, Mr. Calmes
was selected.
On October 13, 1981 a meeting was held at the office of John Calmes to
discuss the project. In attendance were
John Calmes, Architect
William Cox, HVAC Engineer
Bill Baird, IRC Sheriffs Dept.
Lynn Williams, IRC Building/Maintenance Supervisor
Jim Davis, Public Works Director
The first order of business included a review of the following three inspec-
tions reports (copies attached):
1) Florida Dept. of Corrections in-depth Study dated
Feb. 3-5, 1981
2) Indian River County South Fire District Fire and Safety
Inspection dated Jan. 30, 1981
3) Office of State Fire Marshall Inspection of August 20, 1981
The following items were mutually agreed to be included in the Architect's
scope of work
1) Items 1,2,3,4,5,6,7,9,12,13 and 14 of the Florida D.O.C.
Inspection report. Items #7,12, and 14 need additional
clarification by the Sheriffs Department.
2) Items 1, 2, 3, 5, 6. 12, and 14 of the State Fire Marshal
Report.
3) Items 1, 4, 7, 8, 10, 11, 12, 13, 15, 17, 19, 20, 22, 23, 24,
25, 26, 27, 28, 29,*and 30 of the Indian River County South
Fire District Inspection Report. Items #31 thru 34 shall
also be investigated.
-
M8 _
After reviewing inspection reports, there occurred a general discussion of
the project. It was agreed that there are numerous conditions present that will
complicate the project and add to its costs. These items are:
1) The jail operation cannot be shut down. Prisoners must be held at all times.
All work will have to be coordinated by the Sheriff's Department and contractors,
subcontractors, and all workers will be subject to extreme restrictions, poor
working conditions, and numerous coordination problems.
2) The renovation work will be concentrated to three main areas:
a) Heating, ventilation and A/C.
b) Electrical work.
c) Plumbing.
It is probable to assume that it will be virtually impossible to prepare a
specification to include a complete list of renovation items, even after inspecting
the jail. The condition of these three areas is not totally assessable and decisions
will have to be made! daily once work begins. Change Orders will probably be numerous,
if not daily. Electrically, the jail has been pieced together through the years.
Major changes are necessary. It would probably be more practical to undertake
individual tasks one at a time so that large contracts are not involved for work
which is not easy to define. Based on these conditions, it is estimated that the
cost of a complete renovation will exceed the $100,000 to $150,000 originally proposed
nd bid by Nitro, I G. nd Lindsell Construction, Inc., in May, 1981. These former bids
eft much work undefiineg.
On October 15, 1981, a visual inspection of the jail.was conducted by those
attending the October 13th meeting along with David Greene, Assistant County Administrator
and C.B. Hardin, Assistant to the County Administrator. The entire facility was generally
inspected. The County staff and architect agreed to consider the following items in
the first stage of renovation:
1) Ventilation, heating and necessary electrical
2) Construction of a secure sally port
3) Construction of a secondary egress fire escape at the north of the building to
serve the second floor
4) Construction of security fencing in vicinity of the Records and Administrative
area roof
5) Installation of internal lighting fixtures
6) Convert original cell on 1st floor from Administration area back to a cell
The cost of these improvements including architectural fees is estimated at
$50,000 to $70,000, however, this does not include item 6 above. An estimate of .
item 6 has not yet been prepared. After these items are completed, we will proceed
with other major cost items on the inspection reports. Minor cost items will be performed
in house by maintenance crews.
Administrator Nelson noted that the Board had asked
him to come back with a list of priorities, and he felt
approximately $70,000 would take care of some of the critical
problems as listed in the memo.
Engineer Jim Davis- reported- that he had reviewed the
inspection reports of the State Fire Marshall, the local fire
district, and the Department of Correction, to determine what
is necessary to get us in compliance. Some of the items he
was able to put in a maintenance category, but there are
other items that they feel an architect or engineer should
look at, such as the ventilation, heat and A/C. These are
major items that need to be addressed as soon as possible.
OCT 211991 39 BOOK 47 PAGE00-,Z
OCT 211991 Booz 4 7 FacE 813
Engineer Davis continued that the plumbing potentially could
be very costly, and this cannot be assessed visually. The
intent is to have the maintenance people take a look at the
plumbing to see what can be done to try to live with the
existing piping on a maintenance situation until a new jail
can be built.
Discussion ensued on authorizing an expenditure not to
exceed $70,000 for repairs as set out in the memo, and the
Administrator felt the only funds available right now are in
the contingency fund. Commissioner Wodtke noted that we
adopted last year's budget on an interim basis and wished to
know if we would be spending last year's money. If we would,
he felt we should address this question when we adopt the
final budget.
It was agreed that this was a complex situation, but
that we actually do not have much choice other than to
proceed.
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously authorized an
appropriation not to exceed $70,000 from Contingency for Jail
repairs.
Intergovernmental Coordinator Thomas wished to make it
clear that he did not feel the Commission is under any
financial obligation as a result of Stan Livingood's
presentation, but he did wish to thank Mr. Livingood.
The Board discussed having Mr. Thomas continue to look
into the various options for financing a new jail.
Discussion followed on the Public Safety Committee's
involvement from this point forward, and the Chairman saw
them mainly involved in the physical location of the jail,
working with the architect, the Sheriff, etc., and believed
they could be concerned with the funding also. He felt they
should be an essential part of the project.
MAINTENANCE OF 104th AVENUE FROM 89th ST. to 92nd ST.
The Board reviewed the following memo:
TO:The Honorable Members of the HATE: October 12, 1981 FILE:
Board of County Coranissioners
SUBJECT: Request of the County to Assume
Maintenance of 104th .avenue from 89th
Street to 92nd STreet
FROM: Neil A. Nelson, REFERENCESI)lvalter E. Cox to Indian River Coon -
County Administrator Commission dated august 26, 1981
2)Chester Clem toNeil Nelson P
Se t.
DESCRIPTION AMU CONDITIONS
Mr. Walter E. Cox, Realtor, is requesting that the County assume
maintenance of 104th Avenue between 89th Street and 92nd Street. This
road was dedicated to the County about 30 years ago, but it has not
been accepted for maintenance. The County Attorney has rendered the
opinion that the County is not obligated to maintain the approximate
70 miles of previously unmaintained road in Vero Lake Estates and
other similar areas of the County. Many of these roads are barely
passable and many have trees within the roadway area. To clear and
maintain these roads would cost a significant amount.
Mr. Cox, representing other owners in the area, has stated that
the affected owners will agree to improve the road to bring it up to
the conditions of surrounding County maintained unimproved roads.
The County Engineering Department has inspected the Road and a
numerical evaluation performed. (copy attached)
ALTERNATIVES AND ANALYSIS
Two alternatives are presented for consideration by the Board:
Alternative No.l
Deny this request based upon the following:
1) The numerical evaluation totaled 55 based on a 18S point
system.
2) Current County standards call for an Asphalt Surface
placed on a 6" limerock or Soil Cement Base.
The impact.denial of this request would have includes consideration
of denying building permits to owners of lots in areas of unma.intained,
dedicated roads.
Alternative No.2
Approve acceptance only if the road is paved in accordance
with current County Standards. The impact this alternative would
have includes minimal construction and maintenance cost to the County.
RECOMMENDATIONS AND FUNDING
It is recommended that the Board of County Commissioners accept
maintenance of 104th Avenue between 89th Street and 92nd Street only
if the road is paved/constructed to current County Standards.
o C T 211981
41 80 OK 4
.7 PAGE 81-4
r O C T 211981 BooK 47 PnE 815
Attorney Chester Clem appeared representing owner,
Walter Cox.
Administrator Nelson commented that this property has
been broken down into five acre tracts, and the owners who
desire to build cannot because there is no County maintained
road by their property. What Attorney Clem is requesting is
that the property owners be allowed to build the road up to a
marl standard which meets the surrounding roads, and that
once they do that, and it is inspected by the County, that
the County accept it for their normal marl road maintenance.
Attorney Clem explained that the property under
discussion is located very close to the east side of
Interstate I-95 and just south of S.R. 512. He confirmed
that the group of people owning this property do not butt up
to S.R. 512; in order to get a building permit, they need to
be on a public road and need the County to take over the
maintenance in order for it to be a public road. Attorney
Clem believed the County will have to address this situation
on hundreds of lots out there since there are many small lots
in this area with a multitude of owners, and he did not see
that the area could be paved unless some massive taxing
district were put into being. They, therefore, are just
requesting that they be allowed to grade the road up to the
standards of the surrounding area.
Considerable discussion ensued as to obtaining the
additional right-of-way we need, and Attorney Ciem stated
that although he was not prepared to speak to that, it seems
logical that something should be done.
It was noted we are looking to minimize the problems
involved in opening up large areas for maintenance, but at
the same time, trying to find a way to service the taxpayer.
Commissioner Wodtke felt if we can get the additional
40'of right-of-way and they will agree to bring the road up
to marl or shell standards in a location as approved by our
i
engineer that we would have to treat this as we would any
other marl road in Vero Lake Estate.
The Board continued to discuss obtaining the full
right-of-way and addressing this problem in the most
practical way to get a minimal road. Engineer Davis stated
that we should at least have a 20' road with drainage swales
on each side, and it should have a shoulder.
The advisability of requiring roads paved to standards
arose, and it was pointed out there is potentially 70 miles
of road in this particular area, and accepting roads on a
marl basis could create a problem in the future.
Attorney Clem commented that while the County
may not have any legal responsibility, that subdivision has
been on the records for years and years; people have bought
out there believing there are usable roads; they want to
build on their property; and this will have to be addressed.
Discussion followed as to the possibility of having a
municipal service taxing district in this area to get a
potential 70 miles of roads off the taxpayers' backs.
It was pointed out that a district could be set up, but
it could not be funded until the next budget year.
On Motion made by Commissioner Fletcher, seconded by
Commissioner Scurlock, the Board unanimously agreed to accept
maintenance of 104th Avenue between 89th St. and 92nd St.
contingent upon the owners providing an additional 40' of
right-of-way on the west side of the road and bringing the
road up to marl standards as defined by the County Engineer.
REPORT ON LIBRARY
Ken. Damerow, acting Chairman of the Library Board,
reported that, after being given the 30 -day cooling off
period, they set up a meeting with the Librarian to review
their goals, and while the ultimate goals are essentially the
same, they have changed three of the original goals slightly.
Letters from M r. Damerow and the librarian, Mrs.
Rodgers, as well as list of goals for the library and Minutes
OCT 211981 43 BOOK 47 PAGE j-, 6
OCT 211991
BOOK 417 u f 817
of the October 8th meeting are hereby made a part of the
record, as follows:
11r. Pat ' ck V. Lyons, Chirman
Board X Co -A',Cy Cor:-ris��ioners
Indi'-� lv. County
214 14th er_ue
Verb Beac-11 Florida 32060
Re Indi:nn River County Library
Dear 11r. Lyons:
The officers of the Library Board and board men )ers
Terry. Goff and Robert Nall *yet writh three me*ibers of the
Library Associati^r. 4ttorney Stewart Canes -.nd Betty
Rodgers on October 6th and 8th in an effort to revise the
one year goals to -r€,'__e t�le� :.z�aaLy acceDtn ble to t'1e
a.
Library Board and the Library �,sscc�.ation. On t'ae 6 �h
I was able to let to ubree verga?.1;,- that she
would accept the Dosition of assistant librarian if we
hired 2 librarian -.i th a ::casters de gree, and the Association
members said that they felt teat the Association would
acceD_ t that if firs. ,o:: e's :has agreeing o-[' her oirn free
will and ?:dit]-.out coercion. It teas decides: to give her tte o
dadTs to thin!- it over. On the 3 t she replied ,rich the
enclosed letter. After some heated discussion .,re arrived
at the revised goal rna ber 3. Stewart Carps then stated
that he would recorimend that- t^e Association I•rithdraw its
recall petition, butas of tl_is date no sue.1 action has been
taken. The Librar,r Board at its neetinz on Oe tcber 13th
unanimously voted to 4 cce, t if e revised goals and to forward
thea to t7.e Co,Mty COM -21i ss i cn.
' This trill. not scive all of th.e Library's problems, but
it is a first ste-; ani': T -.ill `4i'Ve us time to ca.2.ence trorl�ino
on the goals.
Very :truly Yours,
!`�ICen_net'r_ i. Damerow
President Fro-tcm
:Eicl: Conies o." t?.e Revised ised rods
Copy of :'irutes of Oct. J c`': Oct. 3 neeti.��s
Cor;; of I.rs. _:od,7ers' letter
J
i
Cctober 13, 1931
REVISED. 1981-82 GOALS
FCR THE INDIAN RIVER COUNTY LIBRARY
1. To greativ increase the Association membership.
2. The Fund Raising Committee i. -Ill finalize several projects,
such as: -
a. A piano concert
b. "Flight Bridge" - a five-month program in,which each
player contributes money each time he or she plays.
c. "Authors' Night" - one or more programs at which prominent
authors will speak.
3. During one year's time, the Board wiil strive to employ a
librarian with a master's degree in Library Science and with
a specialty in public libraries.
1+. Augment public relations.
5• Concerning library cards, we will have a thorough review of
requirements for obtaining cards.
6. We will strive to achieve a better balance of the bock
collection so as to serve all of the citizens of the county.
7. Volunteers will be utilized for the delivery of books to
shut-ins and to the far reaches of the county.
8. Strive to increase the hours that the library is.open
and to increase tie hours of the bookmobile, especially in
the north end o1' the county. Hopefully this can be supported
through our fund raising.
9. The Board, in cooperation with, the County Planning Dept.,
will begin to develop a long range plan along the lines sr ot:n
on page 36 of Dr. Summers' report. It -is hoped to begin this
year, if possible, v.ith the end in view of branches in the
Sebastian -Roseland area and the south county area.and perhaus
enlarging our present building.
10. Work to set up a special independent Library Taxing District.
11. To appoint a comlittee to review the Charter and By -Laws
with the goal of amending then, to correct certain
ancon.-ister_cies, ambiguities and omissicrs.
OCT 211981
45
BOOK 4 01 0-18 PAGE o1�
OCT 211981
1
Mr. Kenneth Damerov
President, pro tem
Indian River County Library Board n
Vero Beach, Florida
Boos 47 u,-819
October 8, 1981
Dear Mr. Damerow:
At the October 6th meeting when several Association
Members and I met with the library board's executive officers
and board member Robert Nall, I was asked what I feel my
function should be in the future of the library'and my true
feeelings concerning goal 3 that states - -
"Dr. F.Wm. Summers recommends an Assistant Director
with a professional degree in librarianship be
employed and given responsibility for all of the
public service functions of the library".
Due to the limitations of our budget this is impossible and
the Board recommends that during one year's time, we will
strive to employ, as Director of the library-, a person who
has a Master's Degree in Library Science.
You said at the meeting that the board will be employing
a library director with a.Master's Degree, but that I could
continue as Assistant and would still be doing the same
work that I am now doing as director.
You complimented me in saying that I must like my job
because I do very well at it and doing a good job means
one enjoys the work.
You and Mr. Nall said the new director would be doing.
the circulation and public service functions that' Dr. Summers
recommended for the new position of assistant librarian.
5
I did not create this politica problem, or the goals
3. .
that are presently causing problems for the library; but
you who did are urging me to volunteer to change my title
to assistant so that an opening for director will be
available though I will still be do'Ing the director's work.
?here are inuendoes that if I don't volunteer for some type
of assistantship and help resolve the present controversy
over goal N3 of the board o1%directors "one yeaT"plan the
County Commissioners will reassess their financial commitment.
Fourteen years ago I was asked to be library director
and acc-apted with full knowledge that my financial potential
would be less than the profession I left but was sure that
the personal satisfaction in helping people and providing
the service to the community would more than compensate.
And I wasn't disappointed. I have loved the library and its
patrons.
Both the Ad -Hoc Committee in 1980 and Dr. Summers in
1981 said that the library is competently directed.
Our library is as qualified to receive state aid, state and
federal grants, and all other benefits other Florida libraries
receive whose directors have Master's Degrees. Since I am
grandfathered my lack of a Master's Degree makes no difference
ifi any regard.
I am confident I have done a good job in directing
the operations of the library with a very limited budget.
I feel I should remain the director until my probable
retirement in 1983 when my husband will retire.
I would welcome having the assistant librarian that
Dr. Summers recommended - if that is financially possible -
but it is my desire and intention to continue as director
until I am replaced by board action or voluntarily retire.
Respectfully yours,
Betty Rodgers
Library Director
BR/lp
OCT 211981 Boar'; PAE�
47
OCT 211981 RooK 4 7
INDIAN RIVER COUNTY LIBRARY
SPECIAL BOARD OF DIRECTOR'S MEETING
OCTOBER 6, 1981
A called meeting of the Executive Committee of the
Library Board was held on Monday October 6, 1981 with the
ist.Vice President in the chair, and the secretary recording
Is
the minutes. Attending the meeting were Ken Damerow,
Mary Louise Scheidt, Dorothy Weick,Mayor Goff,& Robert Nall.
Representing the LibraryAssociation were Coyla Boob,
Thomas Fritzlen, Martin Johnson, Stewart Capp and Librarian
Betty Rodgers.
The purpose of the meeting was to revise the 10 points
of the One Year Plan of the Negotiations Committee of
June18,1981,so that the County Commission, the Library
and the Library Board Executive
Association representatives
Committee would findAmutually acceptable.
The meeting was called to order at 5:30. Mr. Damerow
pointed out that most of the ten items are acceptable as
they stand, but that Nos. 3, 6, and 8 are causing trouble.
After much discussion he proposed that No. 6 & 8 be combined
to make a new No. 6 as follows;
Strive for a better balance of the collections of books
so as to serve all the citizens of Indian River County.
No vote was taken but an individual poll showe that each
member felt that this new No. 6 was satisfactory.
A second meeting of this same group was set for 5:30
Thursday October 8, 1981 to discuss in detail and find
a solution for No.3 that would satisfy Mrs. Rodgers
and the 3 groups represented.
Meeting closed at 7:00 P.M.
Dorothy Weick
Secretary
3 91
a
INDIAN RIVER COUNTY LIBRARY
SPECIAL BOARD OF DIRECTOR'S MEETING
OCTOBER 8,1981
The second meeting of the group called for on
October 6,1981 previously reported, was called to order at
5:30 P.M. on Thursday, October 8, 1981, with all people
present who were at the October 6, 1981 meeting.
Ken Damerow read a letter from Mrs. Rodgers in which
she stated that in regard to #3 - that after 14 -years
of successfully developing the Library to its present
commendable operation, despite its impecunious status, she
was unwilling to take a lesser standing with all the present
work to be done by her, while she trained a person_ with
higher salary, lesser experience, and a degree in librarianship
until her retirement probably in mid- 1983, when her
husband will be retiring. This provoked much discussion.
The outcome of which was, Mrs.. 'Boob's proposed revision
of #3 as follows:_
1-st. sentenee—as quoted
"The Board recommends that during one year"s time we.will
strive to employ a person who has a Master's Degree in
Library Science".
No vote was taken, but each person was polled and each
person stated that #3 was acceptable. This revision of
the One Year Plan is to be presented to the County
Commission at its meeting on Wednesday October 21,1981.
There being no further business the meeting was closed.
Dorothy Weick
Secretary
OCT 211981 49
Boa 47 PAGE � 2
r OCT 211991
Boos 47
wjF 8
INDIAN RIVER COUNTY
LIBRARY
TOTAL EXPENSES
SEPTEMBER 1981
d�
EXPENDITURES
ANNUAL BUDGET
BUDGET BALANCE
Salaries
$ 91,658.28
$82,512.00
($
9,146.28
Books & Subscriptions
20,781.42
20,400.00
(
381.42)
:Microfilm
210.88
200.00
(
10.88)
Record & Equipment
95.95
240.00
144.95
Equipment
6,166..21
2,760.00
(
3,406.21)
Binding
1,566.21
2,400.00
833.79
Operating Expenses:
Bookmobile
1,267.88
1,200.00
(
67,88)
Telephone
1,194.79
1,560.00
365.21
Utilities
10,222.05
10,800.00
577.95
Guardian
305.03
240.00
(
65.03)
Maintenance:
Janitor
3,062.40
3,720.00
657.60
Building
1,866.93
3,000.00
1,133.07
Supplies:
Library
5,388.14
4,200.00
(
1,188.140
Office
2,423.68
2,400.00
(
23.68)
FICA
6,054.12
5,400.00
(
654.12)
Fla. Unemployment
86.71
480.00
393.29
Travel.
55.00
240.00
185.00
Insurance
2,846 .00
3,b40.0U4.
99 00
Audit
960.UO
960.00
0
Petty Cash
390.00
--
(
390.00)
Miscellaneous
3,972.30
2,500.00
(
1,472.30)
Salex Tax Paid
163.79
--
(
163.79)
160,736.87
149,052.00
( 11,684.87)
INDIAN RIVER COUNTY LIBRARY
' FINANCIAL STATEMENT
SEPTEMBER 1981
RECEIPTS ANNUAL BUDGET
•'.00
Indian River County $ 8,204.24 $98,450
Gifts Memorials -0- 5,000.00
Rentals 327.65 8,580.00
Fines 496.88 7,150.00
Non -Resident -0- 1,100.00
State -Aid -0- 12,000.00
Copier )
527.72 4,550.00
Miscellaneous)
**Additional Funds Needed 12,222.00
Gifts & Memorials
and Assoc. Members 731.16
**August (26,192.21)
Less gifts 481.16
Less Assoc.
Menib e rsh ip 250.00
(26,923.37)
$3,000.00 for Dr. Summer's Report
BUDGET BALANCE
-0-
-0-
($ 29187.15)
( 495.17)
( 30.00)
*3,067.00
1,278.30
OCTL_ 211981 51 Boa 47 PAGE r24
r
OCT 211981 �oo� Fa,"5
Commissioner Wodtke pointed out some discrepancies in
the documents, noting that although the cover letter from Mr.
Damerow states that Mrs. Rodgers would agree to take the
position of assistant librarian, it appears that she will
only agree to work as the head librarian until she retires,
although she would agree to accept an assistant with the
Master's degree required by the State. Commissioner Wodtke
requrested that the goals of the Library Board be further
reviewed.
Mr. Damerow reported that they took out some specific
stipulations as to percentage of children's books and
percentage of non-fiction books and simply stated that they
would strive for a better balance. They added goal No. 11 in
regard to amending the By-laws.
Commissioner Scurlock stated that he could not support
goal No. 10 in regard to an independent library taxing
district.
Chairman Lyons noted that what he has been looking for,
is for the Library Board and the Librarian to accept the fact
that there should be certain goals and commitments as far as
their relationship to the county is concerned. He was
satisfied that this is a show of good faith and a move in the
right direction and he recommended that we continue their
funding.
Mr. Damerow reported that the Association members
recommended withdrawal of the petition to remove members of
the Library Board, and he hoped things now will move forward
so they can get on with some fund raising.
Commissioner Scurlock asked who is going to run the
library - the Librarian or the Board, and Mr. Damerow stated
that the Board feels they are going to. He believed the
Association members took the attitude that if what was asked
of the Librarian was reasonable, the Board should be running
it.
Commissioner Bird asked if the Association has taken a
position one way or the other on the revised goals.
Mr. Damerow stated that they have taken no formal
action, but three association members, plus Betty Rodgers and
an attorney sat down to negotiate with them.
Commissioner Wodtke commented that the Board and the
Association actually are not two separate entities; it is the
Library Association and the Board of Directors of the
Association. He hoped that the Library Board will try
diligently to accomplish what was written in the report.
Mr. Damerow stated that they propose to set up a
committee to work with the Librarian in regard to attaining
the proposed goals.
Discussion ensued about the funding level, which was
$110,000, and the Board felt it should remain at that figure.
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously accepted the
report submitted by the Library Board and indicated that it
is consistent with the requirement for funding.
FINAL PLAT APPROVAL - DIXIE COMMERCIAL PARK S/D AND M.C.C.
S/D
Senior Planner Challacombe reviewed the following memos:
OCT 21 1981 53 BOOK 47 PAGE 826
OCT 211981 BOOK 47 PAGE 827
1
i+
INDIAN RIVER COUNTY, FLORIDA
/ INTER - OFFICE MEMORANDUM
/THE HONORABLE MEMBERS OF DATE. October 14, 1981 FILE:
THE BOARD OF COUNTY COMMISSIONERS
SUBJECT: REQUEST FOR FINAL PLAT APPROV_
OF DIXIE COMMERCIAL PARK SUB-
DIVISION LOCATED ON THE EAST
SIDE OF OLD DIXIE HIGHWAY, SOUTH
OF 4TH STREET
FROM: NEIL NELSON REFERENCES: Harlan L. Peterson to Neil
Count Administrator Nelson, County Administrator,
County dated September 23, 1981.
DESCRIPTION AND CONDITIONS:
The owner, William H. Hensick and Sons, Inc., is requesting Final
Plat Approval for the 8.55, 14 lot Dixie Commercial Park Subdivision.
The subject property is zoned C-lA, Restricted Commercial. The
engineer-of=record has certified that the required improvements
have been completed and comply with the Indian River County Sub-
division Ordinance. A $1,200.00 maintenance bond has been provided
to cover the cost of grass and seed germination. It has also been
agreed by the developer that mowing of the retention areas within
easements will be accomplished by the property owners.
ALTERNATIVES AND ANALYSIS:
The Final Plat documents have been reviewed and inspected by the
County staff. All staff comments have received appropriate atten-
tion.
RECOMMENDATION AND FUNDING:
The staff recommends that Final Plat Approval be granted for the
Dixie Commercial Park Subdivision with the following contengencies:
1) Acceptance of the $1,200.00 maintenance bond for grass and
seed germination.
2) An agreement by the owners that the mowing and maintenance of
the retention area within the easement dedicated to the County
shall be the responsibility of the property owner.
ATTACHMENTS : Above referenced memorandum and vicinity map
NN/b
APPROVED AGENDA ITEM
FOR Id- z /— 3
MR4
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: THE HONORABLE MEMBERS OF DATE: October 14, 1981 FILE:
THE BOARD OF COUNTY COMMISSIONERS
SUBJECT: REQUEST FOR FINAL PLAT AP:_
OF M.C.C. SUBDIVISION LOCA"
ON THE EAST SIDE OF OLD Dlxi�
HIGHWAY. SOUTH OF 4TH STREET.
FROM: NEIL NELSON REFERENCES: Harlan L. -Peterson to Neil
County Administrator Nelson, County -Administrator,
dated September 23, 1981.
DESCRIPTION AND CONDITIONS:
The owners, Clifford Reuter, Michael Grivas, and Charles E. Davis,
are requesting Final Plat Approval for the 8.55 acre, 14 lot M.C.C.
Subdivision. The engineer -of -record has certified that the construction
of the improvements is complete and complies with the Indian River
County Subdivision Ordinance. A $900.00 cash bond for grass seed
germination and grading of fill has been submitted. It has also been
agreed by the developer that mowing of the retention areas within
easements will be accomplished by the property owners.
ALTERNATIVES AND ANALYSIS:
The County staff has reviewed the Final Plat documents and the improve-
ments have been inspected. All staff comments have received appropriate
attention.
RECOMMENDATIONS AND FUNDING:
The staff recommends that Final Plat Approval be granted for M.C.C.
Subdivision with the following contengencies:
1) Acceptance of the $900.00 bond for seed germination and spreading
the dirt stock piles.
2) An agreement by the owners that the mowing and maintenance of
the retention area within the easement dedicated to the County
shall be the responsibility of the property owner.
ATTACHMENTS: Above referenced memorandum and vicinity map
NNJb
APPROVED AGENDA ITEM
FOR 161— •2 /` ?1 -
BY
OCT 21198155 BOOK 447 PACE 828
OCT 211981 4 7 ��cE
Mr. Challacombe noted that these subdivisions are
identical except for the amount of maintenance bond
recommended. These subdivisions do not extend to U.S.1
because there is an existing mobile home park to the east.
Attorney Collins reported that a deed restriction
has been prepared making the owners responsible for
maintenance of the drainage and utility easements, which he
felt meets our intent and purposes, and he recommended
approval of the plats subject to recording of the deed
restriction.
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously granted Final
Approval of the plat of Dixie Commercial Park Subdivision,
subject to recording of deed restriction as recommended by
Attorney.
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously granted Final
Approval of the plat of M.C.C. Subdivision, subject to
recording of deed resriction as recommended by the Attorney.
FINAL PLAT APPROVAL - WESTWIND SUBDIVISION
Mr. Challacombe reviewed the following memo:
� s �
TO: THE HONORABLE MEMBERS OF DATE: October 14, 1981 FILE:
THE BOARD OF COUNTY COMMISSIONERS
SUBJECT: REQUEST FOR FINAL PLAT APPROVAL
OF WESTWIND SUBDIVISION LOCATrn
ON THE EAST SIDE OF 43RD AVET-'
BETWEEN -4TH STREET AND 6TH
FROM: NEIL NELSON REFERENCES: Paul F. Rasskamp to Neil
County Administrator Nelson, County.Administrator
dated September 14, 1981.
DESCRIPTION AND CONDITIONS:
The owner, FTS Partnership, George Frederick, agent, is requesting
Final Plat Approval of the 18.3 acre, 29 lot Westwind Subdivision.
The required improvements have been completed and are in accordance
with the approved Preliminary Plat and the Indian River County
Subdivision Ordinance. The seeding and mulching of the swales will
be -completed after Florida Power and Light installs their underground
electrical facilities.- A check for $2,000.00 to cover the cost of
seeding and mulching has been submitted to the County.
ALTERNATIVES AND ANALYSIS:
The County staff has reviewed Final Plat documents and the improve-
ments have been inspected. All staff comments have received appropriate
attention.
RECOMMENDATION AND FUNDING:
The staff recommends that Final Plat Approval be granted for Westwind
Subdivision contingent upon the acceptance of the $2,000.00 bond for
seeding and mulching the swales.
Attorney Collins reported that the plat is in fine
shape, and they also have a set of restrictions which he has
reviewed.
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously granted Final
Approal of the plat of Westwind Subdivision.
REMOVAL OF HAZARDOUS STRUCTURES - DAVIS TEMPLE, WILLIE JONES
AND GEORGE JOHNSON
Reverend McEwen informed the Board that they are now
ready to work on their church, the Davis Temple Church of God
in Christ, and Administrator Nelson reported that we have
OCT 211981
57
Boa 47 PAGE 8:30
OCT
211981
Boa
R�
P AGE8,31
requested
removal of debris and the Reverend has
said
it
would be done within a week or so.
On Motion by Commissioner Wodtke, seconded by
Commissioner Scurlock, the Board unanimously granted a 30 -day
extension on removal of the structure on Lots 15 and 16,
Block 4, Hargrove Subdivision, (the Davis Temple).
The Board next discussed the hazardous structure
belonging to Rev. Willie Jones. Commissioner Bird reported
that he has talked with Reverend Jones, who has a shed or
storage barn near U.S.1. Rev. Jones was formerly in the shoe
repair business and became disabled, and he has his equipment
stored in this building. He does want to bring the building
up to Code, and he has written a letter requesting a 30 -day
extension and' stating that he will be able to begin working
on this next week.
On Motion by Commissioner Bird, seconded by Commissioner
Fletcher, the Board unanimously granted a 30 day extension to
Rev. Willie Jones on the hazardous structure located on
property on the northwest corner of U.S.1 and South Gifford
Road intersection at 2190 41st Street.
The following statement confirms that George Johnson has
taken action on his hazardous structure:
STATEMENT OF COMPLETION AND/OR COMPLIANCE
This statement is to confirm that Mr. George Johnson, File # 6 P & Z,
has under the Code of Laws and Ordinances of Indian River County, Florida,
Chapter 4, taken action and has completed the removal of the hazardous
structure, debris and litter from Lot 179 and 180, Block 12, W.E. Geoffrey
Subdivision, 18th Avenue and 37th Place. No action is needed by this
Board.
4
Signed:
Date: le- /- ?
David M. Reve
P1anVtng and Zoning Director
LTeWey W
&A e
Zoning supervisor
,� ,
GOT,
n ECL
�eminis:r •, w•`r
�ICr' fYtiC9
OCT 211991 soon 47 PATE 8 32
59
,.A
OCT 2,
Boos 7 PnE 3
SHERIFF REPORTS ON JAIL INSPECTION
Sheriff Dobeck came before the Board and reported that
they had a surprise inspection of the Jail and the Department
of Corrections is going to factor us, but will not give us a
figure on how many people we will be allowed to house. He
noted that what they seemed most interested in was the fact
that we had no indoor recreation facilities. His response
was that the prisoners are provided enough daily recreation
outside, but the State now says we will provide inside
recreation. In order to keep a capacity of 85 inmates, the
Sheriff believed we will have to look at some sof the
renovations they are recommending.
The Sheriff was informed that the Board had authorized
$70,000 earlier in the meeting for some of the most
critically needed items, and the Board requested that he join
with them in a holding action until we can move ahead with
plans for a new jail. The Sheriff indicated that he would
cooperate as requested.
PROPOSED REANNEXATION OF TRACKING STATION PARK
4
Chairman Lyons reported that he has been working on a
proposed 99 year agreement with Indian River Shores in regard
to the use of the Tracking Station Park, which agreement
would be needed in conjunction with the possible reannexation
of the County Tracking Station Park area.
Mr. MacAdam informed the Board that it is believed that
an annexation which did not include all the county land would
produce an enclave in violation of State statutes and provide
the very kind of legal situation which they have just gone
through. In addition, if all the park property were not
annexed, half would be in Indian River Shores and half in the
County which would require two policing jurisdictions and be
very difficult to control. Mr. MacAdam hoped that the County
would take into account the resolution made by Indian River
Shores affirming that they have full faith there will be a
park on the site in question and agreeing that the land never
should be used for any other purpose. In addition, the Town
would be glad to sign an agreement to that same effect. Mr.
MacAdam noted that the Town obviously is concerned about the
development of a park on this particular property which sits
in a very fine residential area and requires a special kind
of treatment both as to design and policing. Only by the
Town and the County working jointly can this be accomplished.
He continued that tomorrow is the postponed second reading of
the ordinance to proceed with the annexation, and the Town
feels it has to make a move because they are running out of
time. They would appreciate the County going along with the
process to annex the entire parcel for the reasons stated.
Chairman Lyons commented that he received the impression
at the workshop meeting, that the County Commission does
believe the present Council of Indian River Shores, but is
worried about future Councils.
Considerable discussion ensued as to the law enforcement
problem and the possible closing of the park at an earlier
hour. Sheriff Dobeck reviewed the proposed layout of the
park in regard to accessibility for patrol vehicles and felt
that once the park is developed, they will have no problem in
patrolling. He reported that none of the complaints received
relate to violence,'but are mostly in regard to vehicles in
the area when the park is closed. The Sheriff stated his men
would close the park as close to dusk as possible.
The possibility of a cooperative effort between the
Indian River Shores Police Department and the Sheriff was
brought up, and Chairman Lyons noted that originally the
Indian River Shores police did close the gate for us, but
then they asked to be relieved of the duty.
Mr. MacAdam explained that he and Mayor Nolan take the
position that that is County property and were a problem to
occur because of the closing of the gate, the Town could be
held liable for the problem.
® CT L- 21.1981 61 BOOK 47 PAGE 81.-14
OCT 21 981 BOOK 4 7 E 835
Heated discussion ensued for the next hour with the
representatives of Indian River Shores contending that the
County Commission did not trust them in spite of all their
evidences of good faith. Members of the County Commission
expressed concern about the ability of the attorneys to draw
an agreement would would be binding for 99 years.
Commissioner Wodtke brought up,the subject of sewer and
water problems in the enclave area and stated that he would
be very receptive to some type of proposal from either Vero
Beach or Indian River Shores in re taking this little county
area and including it into either Vero Beach or Indian River
Shores for service. He felt strongly that we need to
finalize the development of the park in conjunction with
Pebble Beach Villas and the Town, but personally wished that
Indian River Shores could come up with some legal way whereby
they could annex back the area that had been within the Town
without annexing the Tracking Station Park property.
Commissioner Bird did not feel there is a distrust of
the Council as it stands, but did not believe it is in the
interest of the majority today for the Commission to take the
risk that the use of the park property by the public could be
curtained or affected in some way by future elected
officials.
Commissioner Scurlock commented that it seems apparent
there is a basic distrust, but he did not have that mistrust
and felt an agreement can be entered into that would be
specific enough in the long haul to say that the County
property would be operated as a park.
The manager of Pebble Beach Villas, Roberta Latta,
pointed out to the Board that their complex actually serves
as a buffer between the park area and the highway, and though
the residents now are completely reconciled to the fact that
there will be a park and are agreeable to the proposed layout
of the park facilities, they do have some very real problems,
which already are making themselves felt. Mr. Latta
=2 -
explained that they do not wish to go to the expense of
hiring their own security guard, but, although at this point
very few people are aware the park is open, they already are
parking on the Pebble Beach Villa's property and making use
of'their private shower and boardwalk. Mr. Latta continued
that they do not wish to become a nuisance to the Sheriff,
but they do worry about vandalism since they are only 30'
from the park. He urged that the Board consider entering
into a binding agreement with the Town of Indian River Shores
so that Pebble Beach Villas may become a part of the Town
once again.
Discussion continued about the policing problem and the
option of hiring personnel for the park, such as a lifeguard,
etc.
William Koolage, County taxpayer, spoke in opposition to
the proposed annexation by Indian River Shores since the
County is growing; we need access to the beach; and beach
property is hard to come by. -He did not believe any
agreement would last any longer than -it would take Indian
River Shores to get a lawyer to attack it.
Commissioner Wodtke reiterated that he had no problem
with annexation of everything except the park area, and he
believed if the property to the west of AlA were included, it
would be a legal annexation.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Bird, to agree to the annexation of all the
property under discussion except parcels, 1, 2, 3 and 4, (the
park properties).
Further discussion ensued pro and con the proposed
annexation and agreement re the park property, and
Commissioner Wodtke pointed out that the Comprehensive Land
Use Plan of the Town of Indian River Shores does not even
allow any parks in the Town limits. He also did not what
their intentions were as to participating in any funding of
®OT 211981 63
BOOK 47 PAGE 84- 6
I
FF- OCT 211981
Poox
47
PAUc 837
,
the park
and believed this should be worked out
before
we
reach an agreement.
Mr. MacAdam stated that while he could not commit the
Town, it would seem to him to be highly logical and correct
to assume that the Town would assist in the funding and
development of a park within its boundaries, particularly in
attempting to accomplish the kind of quality necessary to
protect the existing environment. He noted they would be
paying for police service.
Discussion continued re the necessity of having
contiguous property for a legal annexation, and Attorney
Collins stated that the State requires that the property to
be annexed must be contiguous; he felt Mr. MacAdam's point
about an enclave was valid and was of the opinion they must
either have the 5 acres or go across the street. He pointed
out, however, that this would not be contested.
Commissioner Wodtke spoke of his strong commitment to
the park and the utilization of this property for all county
residents. He believed we need to develop it and get it into
final stages under county control and jurisdiction and not
have to be involved with possible other restrictions.
Commissioner Scurlock noted that apparently Commissioner
Wodtke would not oppose an annexation with an agreement after
the park is developed, and Commissioner Wodtke agreed he
would feel much better about it.
Argument continued for some time about the Town's need
for haste and annexation this year, past history, court
action, etc. The Board members generally agreed they wished
to get on a better relationship with Indian River Shores, but
did not see the time element allowing it to happen.
The Chairman called for the question, agreeing to the
annexation as proposed by Indian River Shores, with the
exception of the park properties (parcels 1, 2, 3 and 4.)
It was voted on and carried 4 to 1 with Chairman Lyons
voting in opposition.
- M4 _
M
Discussion ensued as to what further action the County
Commission should take tomorrow. Commissioner Scurlock noted
that the reason he voted for the Motion was because he only
received the proposed agreement today and had not had time to
analyze it; he would support an annexation with a proper
agreement.
Attorney Collins explained the situation as it stands,
noting that the Town could have their second reading of the
ordinance and call for -the election, and if the County did
not take any affirmative action to prohibit the election,
they could proceed. It would then be up to the County to try
to stop the annexation. He stated that he could go to the
Town's meeting tomorrow, but the Board would have to give him
specific instructions as to what they want done; there is a
30 day period for action to be taken.
Commissioner Wodtke stated that he would not recommend
that we stop working on an agreement, but he still felt
strongly that we need to proceed with developing the park.
Discussion followed in regard to a binding plan for funding.
Argument continued with Pebble Beach Villas contending
that they still are being condemned for their original
actions now that the battle is over.
The possibility of allowing a portion of the five acres
to be annexed, possibly 100' was discussed. Attorney Collins
stated that the Statute talks in terms of not creating
corridors and he did not know how narrow a piece of property
would qualify. It was pointed out that this would not
settle the policing problem.
Motion was made by Commissioner Scurlock to reconsider
the previous action. The Motion died for lack of a second.
CHANGE ORDERS - COURTHOUSE AND ADMINISTRATION BUILDING
Construction Project Representative Hercules Kontoulas
informed the Board that Change Order No. 27 - Courthouse,
involves credit for work not done and materials not
OCT 211991
65
BOOK 47 PAGE S38
OCT 211981
Boos 4 7 c,�,F 8.39
purchased. This is in regard to the east end of the Annex
second floor. We do own the carpeting and whatever materials
the contractor has bought. The figure would increase with us
accepting the materials.
Commissioner Scurlock asked if this would decrease the
number of days, and Mr. Kontoulas stated it would not. He
further explained that CP -51 is five exterior signs which
were duplications of signs we already had so we asked for
that as a credit.
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously approved Change
Order No. 27 - a credit of $1,856.20, 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.
=6 6 r
CHANGE
OWNER
ARCHITECT
11
ORDER
CONTRACTOR
FIELD
❑
AfA DOCUMENT 0701
OTHER
The
PROJECT: Indian River County
(name, address) Courthouse Bldg,
10 (Contractor)
Reinhold Construction Inc.
P.O.Box 666
Cocoa, FL 32922
CHANGE ORDER NUMBER: 27
ARCHITECT'S PROJECT NO: 9364
CONTRACT FORAdd i t ions & Renovations
L I CONTRACT DATE:4/2/80
You are directed to make the following changes in this Contract:
CP -50 Provide a credit for deletion of work in rooms
#/254 thru and including #263 ($1620.20)
CP -51 Provide credit for (5)five exteeior signs ($235.00)
Total credit this C.O. ($1,856,20)
The proposed changes in the work may result in additional time
required beyond the contract completion date. Additional time
will be added to the contract that is directly related to this change
order. The contractot will be paid for the additional required days
at the rate ofS300.00 (three hundred) per day for fixed overhead
costs. The number of days requested are not reflected in the attached
documents.
The
original Contract Sum was . . . . . . . . . . . . . . . . . . .
. . $
689, 000, 00
Net
change by previous Change Orders . . . . . . . . . . . . .� . . .
. . S
169,022.37
The
Contract Sum prior to this Change Order was . . . . . . . . . . . . .
. . S
858,022,37
The
Contract Sum will be ) (decreased) (sAsbangetd) by this Change Order .
. . $
(1,856,20)
The
neve Contract Sum including this Change Order will be . . . . . . . . .
. . S
856 ,166.17
The
Contract Time will be (unchanged) by
( ) Da%s
The
Date of Completion as of the date of this Change Order therefore Is
L.ONNELL 1TTCALF &_EDDY
E o. Dixie HiOway
Address
Coral Gables, FL 33134
BY
DATE
REINHOLD-CONSTRUCTION INC
CR.N6R�ox X56 — - -- —
Address
Cocoa, FL 3/2922
BY
DATE In 12 1
IND IAN R IV.ER COUNTY _
914tR 14th Avenue
Address
Vero Beach, FL 132960
B/In'
DATE A) 02 Iz
AIA DOCUMENT 6701 • CHANGE ORDER . APRIL 1970 EDITION • AIAa • m 1970 . THE ONI P'lCt
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NWS', WASHINGTON, D.C. 20006
soak 7' FACE 840
0C 1 2.11991 67
I
� n CT ? 1.1991 L'Ua 7CF�n[
JC 41
Mr. Kontoulas next discussed Change order No. 68 -
County Administration Building, and explained that this
involves Room 338, which the Marine Patrol wishes to rent.
Two-thirds of this room has no air conditioning so it is
necessary to extend the duct. He stated that he discussed
this with the Administrator, and although there are things
our maintenance crew can do, there are some things they
definitely cannot do. He stated that extending the hot water
supply is something we definitely have to do.
Commissioner Scurlock asked if we can approve this
Change Order without the number of additional days being
specified. Considerable discussion ensued, and it was
determined that there are 10 days additional required on this
as shown on the following document:
Pleasc be uwijre per ronim of this additional work at this advanced
G ' s0ge of runstruction will most likely require removal of, and possibly
cause dainage too, other work. It is a condition of this p-op,,sal, ::;��re-
1oi-P, Lli.it any r m%)v#-0 , rc!pai r or replacou'Otit of hew Cniis f rile ti.na ivh h:h
III-IV lu• it. ► v..•..11'.1' r►I nit. 10kwaitce or oe I►r t►1►n . .I .i,J•l i I i►:�.i 1
!•n,rk w -i I I bo paid for by the owner on a cost plus, basis ::hen such custs
c4.1 be d- enii': ►)ed.
•
p 0 BOX 666 CO
— COA FLA. 32922
3 0 1981
Connell, Metcalf & Eddy, Inc..
P. 0. Box -341939
Coral Gables, F1. 33134
Attn:' Mr. F. Kirsch & Mr. L. Graziani
Re: INDIAN RIVER COUNTY
ADMINISTRATION BUILDING ADD. & RENOV.
VERO BEACH, FLORIDA
Gentlemen:
s
Project # 115
File # C07al't
Date id i
Jgitialed
In response to your Change Proposal Nan a/ ountthe o t actor.will
cost provide
the changes proposed in the work for
summary of this proposal is attached.-*
— =8
,.
� s �
To accomplish the proposed changes in the work may require /0* additional
days of Contract Time. The fixed overhead costs associated with this
project are $ .oO per day. Therefore, the total additional cost which may
result from the extended time required is$flood `L-. which includes allow-
able general overhead and fee.
If you wish to make tht proposed changes in the work please issue a change
order adjusting the Contract Sum and Time by the above amounts as soon as
possible to avoid or -minimize any delays which may otherwise occur and
which would increast costs. This proposal is valid forlL_+ days from
this date, after which it is subject to withdrawal and revision.
Very truly yours,
REINHOLD CONSTRUCTION, INC.
L. A. Snodgrass
Vice -President
LAS/lvh
Attachment .
cc: H. Kontoulas
*Plus time to obtain materials.
# 5 ee 1 o+;r- A4a& &ed
urpleeJ naar dovwfle4t' /�••�rBdla�C /IS,Ooilse /eta�sS4r7.
The Board continued to express concern about the number
of days, and the Attorney commented that on the Change Order
there is a statement which says "The number of days requested
are not reflected in the attached documents."
Mr. Kontoulas did not feel this was a problem , and read
to the Board excerpts from the contract, setting forth what
the contractor has to do to get extra time. He pointed out
that we have not received any written information from the
contractor as required in the contract. He noted that
sometime ago the contractor asked for 54 extra days on the
Administration Building; the architect responded and denied
the 54 days. Mr. Kontoulas again emphasized that there are
specific requirements as to what the contractor has to do
before we worry about extra days. He stated that we have not
authorized any days on any of these change orders, and the
architect states that the contractor has not qualified.
Attorney Collins asked if we could not ask the
contractor whether at this point he feels he is entitled to
any extra days, and Mr. Kontoulas did not feel we should
OCT 211991 aoo
6 9 417 PAGE 842
P
OCT 211981 BOOK 4 7 FA;E
bring that up at this time because he felt it would open up a
prolonged discussion, and we are not at substantial
completion and are not occupying the building. He further
noted that we have never agreed to a $400 charge per day
rather than $300 for the additional required days.
Commissioner Scurlock commented that he has heard for
the last eight months that we should not pay attention to the
matter of extra days now, but wait until the end, and this
causes him great concern.
Mr. Kontoulas noted that under the contract, we have the
right to retain liquidated damages, and right now we are
holding a retainage of $313,173. He believed the request
for additional days and the amount of retainage balance each
other, and did not feel this matter should be dealt with now.
Administrator Nelson commented that we acted in this
manner on the Courthouse, when -the contractor asked for 66'
days and we were only willing to give him 20, and we have not
heard any further on this.
Chairman Lyons stated that he was inclined to take the
advice of Mr. Kontoulas on this matter.
On Motion by Commissioner Bird, seconded by Commissioner
Wodtke, the Board unanimously approved Change Order 68 -
Administration Building in the amount of $3,046.24, 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.
On Motion by Commissioner Bird, seconded by Commissioner
Wodtke, the Board unanimously approved Change Order 69 -
Administration Building issuing a credit in the amount of
$178.95, 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.
Iwo
CHANGE OWNER ❑
ARCHITECT
ORDER CONTRACTOR
FIELD ❑
AM DOCUMENT 0701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER. 68
(name.address) County Administration Bldg.
TO (Contractor)
r Reinhold Construction Inc.
_ P.O.Box 666
Cocoa, FL 32922
ARCHITECT'S PROJECT NO: 9363
CONTRACT FOR Additions and Renovations
L I CONTRACT DATER/2/80
You are directed to make the following changes in this Contract:
CP -118 Install Three(3) new ceiling diffusers, in Room 338
third floor- East Wing South
Extend Hot Water Supply and Return from main equipment
room to HW Circulating Pump in old Boiler Room
The proposed changes in the work may result in additional time
required beyond the contract completion date. Additional time
,vill be added to the contract that is directly related to this change
arder. The contractor` will be paid for the additional required days
at the rate ofS300.00 (three hundred) per day for fixed overhead
-costs. The number of days requested are not reflected In the attached
documents.
$ 3,046,24
The original Contract Sum was . . . . . . . . . . . . . . . . . . .
. . S
2,748,000
• 00
Net change by previous Change Orders . . . . . . . . . . . . . . . .
. . S
348,524
52
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . .
. S
3,096.524.
52
The Contract Sum will be (increased) dey{gEx1}fQg by this Change Order.
. . S
3,046.
24
The new Contract Sum including this Change Order will be . . . . . . . . . .
. S
3,099, 570.
76
The Contract Time will be (increased) (decreased) (unchanged) by
( ) Da% s.
The Date of Completion as of the date of this Change Order therefore is
ATE I , /a / ;
C014NELL-METCALF &
EDDY
REINHOLD CONSTRUCTION
INC. INDIAN RIVER COUNTY
3 ETES . Dixie Highway
C.0N.1RACTO%66
g 14th Ave
Address
Coral Gables, FL
33134
Address
Cocoa, F1 32922
Address
Ve Beach, FL 32960
��
j
BY
ill-L-Ct�
By �.. , t ,
_ _
8Y t
'SATE �4' 17A(
DATE ' '
ATE I , /a / ;
60A DOCUMENT 67111 I CHANGE ORDER I APRIL 1970 EDITION I Atha - O 1970 - THE
%miK4CAN INSTITUit Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
ONE PACE
O C I21 1981 71 BOOK 4 '7 PACE 844
PIP— OCT
211991
BOOK FB UEX45 I
CHANGE OWNER ❑
ARCHITECT
ORDER CONTRACTOR
FIELD ❑
AIA DOCUMENT G701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER: 69
(name, address) County Administration Bldg.
TO (Contractor)
r Reinhold Construction Inc.
P•O.Box 666
Cocoa, FL 32922
ARCHITECT'S PROJECT NO: 9363
CONTRACT FOR: Addit ions and Renovations
L . I CONTRACT DATE:4/2/80
1'ou are directed to make the following changes in this Contract:
CP -115 -Item ,#2= Provide credit for moisture -proof
ceiling in room 5174
Our Memorandum dated Aug. 9,1981
Roof drain leak-lst floor mechanical room
($332.09)
$153.14
Total this C.O. ($178.95)
The proposed changes in the w3rk may result in additional time
required beyond the contract completion date. Additional time
will be added to the contract that is directly related to this change
order. The contractot will be paid for the additional required days
at the rate of5300.00 (three hundred) per day for fixed overhead
costs. The number of days requested are not reflected in the attached
documents.
The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . S 2,748,000.00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . s 351.570-76
The Contract Sum prior to this Change Order was . .. . . . . . . . . . . s 3,099,570-76
The Contract Sum will be la+e•ev9edi (decreased) 4""e4e"Vvch by this Change Order. . . S (178-95)
The new Contract Sum including this Change Order will be . . . . . . . . . . . s 3,099,391.01
The Contract Time will be (increased) (decreased) (unchanged) by ( ) Da%s.
The Date of Completion as of the date of this Change Order therefore is
CONNELL METCALF 6 EDDY REINHOLD CONSTRUCTION INC. INDIAN RIVER COUNTY
1�SA 9, Dixie Highway_ CP.TE O.Aox°�66 ° { � 14th Ave
AddressAddress Address
Coral Gables, FL 33134 Cocoa, F1 32922 Ver Beach, FL 32960
BY �. L QL�.C/ BY
DATE 1� DATE ATE/l k
AIA DOCUMENT 0711 CHANGE ORDER • APRIL 1970 EDITION • AIA6 C 1970 THE O%t PAci
AMtRICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., NW, WASHINGTON, D.C. 20006
72
REPORT ON LEASE SPACE AT THE ADMINISTRATION BUILDING
Administrator Nelson reviewed the following memo and
lease agreement form with the Board and reported that each
year 10% escalation will be added.
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: The Honorable Members of ' DATE: October 13, 1981 FILE:
the Board of County Commissioners
FROM' eil A. Nelson
County Administrator
DESCRIPTION AND CONDITIONS
SUBJECT: Lease space at the, Administration
Building
REFERENCES:
As a part of the decision making process concerning the renovation of the
Indian River Memorial Hospital Building, it was determined that the overall
size of the building was in excess of the projected County need. Therefore,
the decision was made to offer lease space to various state and local agencies.
The concept was that of developing a Governmental complex.
Space has been set aside for the Indian River Federal Credit Union, State
Representative Dale Patchett's Administrative Office, Florida Marine Patrol,
Division of Driver's License Examining Office, Indian•River County School
District Administrative Offices and the Division of Blind Services, as well
as for housing "the Administration Offices of the various County departments.
ALTERNATIVES AND ANALYSIS
In view of the foregoing policy, staff conducted a survey of rental and lease
rates utilized in the local area, primarily the private sector. The typical
rate for office space varies from $5.00 per square foot up to $10.00 per square
foot. The price depends upon the location and typically does not include
utility and related services. Staff has prepared a recommended lease rate and
a sample lease agreement. The Tease agreement is similar to that utilized by
the State of Florida.
At present, lease agreements have been entered into between the Division of
Blind Services and Indian River County School District. We have developed
•a lease rate that will provide the County a proper return on it's investment
as well as cover associated annual operating and administrative costs. Attachment
"A" provides the basis for those projected annual operating costs on a square
footage basis for each of the services provided. The rate needed to cover
annual operating cost is $4.08 per square foot. Please note that the total
square footage of the building is used for calculation purposes in certain
areas and that in costing out others, 84,000 square feet is utilized. The 84,000
is the net square footage of the building exclusive of that portion leased to
the School Board. As relates to the capital cost of the building, it was
necessary to pro -rate the cost of the renovation of the Administration Building
and the Courthouse on a square footage basis in order to determine the applicable
principal and interest charges related to each.
73
BOOK .47 PAGE 846
OCT 211981 BOOK 4 i PAGE 84 J
Thus, the total Administration Building project cost including principal and
interest is calculated to be $11,592,537.00. The useful life of the building
is considered to be thirty (30) years which coincides with the life of the Bond
Issue. The annualized square footage cost to cover the bond debt service
amortized over the thirty (30) year period is $3.51 per square foot. (Please
see attachment 0.)
It is necessary to provide a fee to the County that would reflect the annual
operating cost, the annual bond issue debt service requirement cost, as well
as administrative cost that would be involved with the administrative, legal
and contractual matters involving the lease. This fee is established at 15%
of the annual operating cost and the annual debt service cost and is $1.13
per square foot; thus, providing the total lease rate cost of $8.72.
The attached sample lease agreement indicates a means of price escalation on
an established percentage basis rather than being based upon the Consumer
Price Index. The intent is to establish flexibility in the document. It is
our understanding that State Agencies are not permitted to enter into agreements
that include cost of living provisions, which are based upon the C.P.I. The
intent of the lease agreement is to limit the lease period to a maximum of 5
years and to provide for renewals at the, then, going rate.
RECOMMENDATIONS AND FUNDING
1. It is recommended that the Board of County Commissioners approve the attached
lease agreement in concept and that this agreement be utilized for negotiating
purposes.
2. That all agreements be limited to a maximum of 5 years.
3. That agreements between County and non -State Agencies be similarly constructed
and that the rate of escalation be tied to the annual increase in the
Consumer Price Index.
4. Establish $8.72 per square foot as the base rate for space in the Administration
Building.
ATTACHMENTS
A Projected Annual Operating Costs - Administration Building
B Courthouse/Administration Building - 30 Year Cost
C Proposed Annual Lease Rate - Administration Building
D Potential Lessee's
E Sample Lease Agreement
the Clerk.
The listed attachments are on file in the office of
W 74 W
On Motion by Commissioner Scurlock, seconded by
Commissioner Wodtke, the Board unanimously approved the
recommendations made in the Administrator's memo of October
13, 1981 in regard to lease agreements.
Discussion followed in regard to possible special
exceptions for someone such as State Representative Dale
Patchett, and the Administrator stated that he would look
into this and report back.
WATER RESOURCES STUDY
This matter was deferred to another meeting.
SECTION 8 EXISTING HOUSING RENTAL ASSISTANCE PROGRAM
On Motion by Commissioner Wodtke, seconded by
Commissioner Scurlock, Commissioner Fletcher voted in
opposition, the Board by a 4 to 1 vote, approved the estimate
of required annual contributions for the Section 8 Housing
Assistance Payments Program in the amount of $215,112, and
authorized the signature of the Chairman.
OCT 211981 75 wK 7 PAGE 848
�
0 Ci 211981
Boa 47 PA,E89 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PROJECT NUMBER (3-11)
IF
SECTION 8—HOUSING ASSISTANCE PAYMENTS PROGRAM
--
TYPE
OF LEASING METHOD (Check one) (12)
ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS
1. Q New Construction
2. Rehabilitation
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY:
1
Indian River County
3. � Existing
Board of County Commissioners
800, 20th Place, Suite 3
FY ENDING 1W 82 (13)
Vero Beach, Fla. 32960
(14) 1. [] March 31
2. F-1 June 30
3. ® September 30
4. EJ December 31
HUD FIELD OFFICE:
U.S. Dept. of HUD
NUMBER OF DWELLING UNITS (15-18)
64
661 Riverside Ave.,
NUMBER OF UNIT MONTHS (19-24)
Jacksonville, Fla. 32204
507
SUBMISSION (25)
0 Original [] Revision
HUD REGIONAL OFFICE:
U.S. Dept. of HUD
Revision Number
Richard B. Russell Fed. Bldg.
AC CONTRACT NUMBER
75 Spring St., S.W.
Atlanta, Ga. 30303
A�3409
(26)
APPROVED
ESTIMATE OF
REQUESTED AMOUNT
REQUIRED
LINE
ANNUAL
PER PHA
HU.D-
UMBER
CONTRIBUTIONS
MODIFICATIONS
ITEM DESCRIPTION
(Column 1)
(Column 2)
(Column 3)
(Z7_28)
(29-38)
(39-48)
(498)
14AXIMUM ANNUAL CONTRIBUTION
";%�::�:��%.•:•:�%'
'• • '
.•••�� .
• • •
1• Maximum Annual Contribution Authorized
W ft Maximum Annual Contributions Applicable to a Period of Less than 12
02.
Months
.............
' • �••
:;;;;;:. ;;.;;:'••.•
;.%;•;�;�.
9-15-112
03. Maximum Annual Contributions for Fiscal Year_ (Line 01 plus 02)
Project Account—Balance at End of Current Fiscal Year—Estimated or Actual04.
0X.:
(Balance Previous Fiscal Year S )
+: :•::•':: %•'
'::�:%.•'�'�•
05. Total Annual Contributions Available—Estimated or Actual (Line 03 plus Line 04)
215 112
Y,•:......... ••�
ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
(Housing Assistance and Administration)
112' 107
06. Housing Assistance Payments—Form HUD -52672, Part I, Line 10
07. Administrative Fee—Form HUD -52672, Part Line 03
13,187
08. Independent Public Accountant Audit Costs
0
INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
(Preliminary Costs)
Preliminary Administrative Expense—Prior to ACC—Form HUD -52671, Part IA,
09.
in.
10. Preliminary Administrative Expense—After ACC—Form HUD -52671, Part IB,
33 641
Line 280 ,
11. Nonexpendable Equipment—Form HUD -52671, Part II, Line 350
10,645
12. Total Annual Contributions Required—Requested Year
1 911580
13. Deficit at End of Current Year—Estimoted or Actual
14. Total Annual Contributions Required
169,580
Excess Project Account Balance at End of Requested Fiscal Year (Line 05.
15.
••••••••'.•.•.:•. ;.
�:':•:ti'
45, 532
Column 2 minus Line 14 Column 2)
;:': ;:%P % �'�
::�:%::��:'�:•:
16. Provision for Project Account—Requested Fiscal Year—Increas e (Decrease) (Line 15
minus Line 04)
'•:••
%''%::�:•,•%:.•:•:
ANNUAL CONTRIBUTIONS
17.
Total Annual Contributions Approved—Requested Fiscal Year (Line 14, Column 2
215 112
plus Increase if anx.on Line16
::•::: ::•%::•%%:
Source of Total Annual Contributions Approved—Requested Fiscal Year:
(a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or
215.112
18.
Line 17. whichever is lesser)
(b) Project Account (Line 17 minus Line 18(a))X.
NAME AND TITLE F PHA APPROVING OFFICIAL
Patrick �• Lyons
S NA URE
DATE
Chairman
Board of County Commissioner
10/21/81
NAME AND TITLE OF HUD FIELD OFFICE
SIGNATURE
DATE
APPROVING OFFICIAL
Previous Edition is = = "Uu-a'oia 1u rn
C, A?71LA
K &Kribe G&r arrcta of you, Equi) oppor/ur•11y itnurin= Pian not adequately covcrcd by this 114M. We will phone _ visit,
and or send ostcerrl;_to familim on thr waitinn 1i ;t to determine their cu►•rtrnt_
tatus in the_ilrrThi, will br, done in b _.position on .the waitin(j, listo
n order to assure a mix of applicati<scomprised of families responding to other
outreach and prior applicants. Our purpose is to establish an image of service all
IL AssuRAM IS household types within the eligible population.
�. Aluch a sigmd auurancc of complunce with Title Yi of tl>< CMi! Riihla Act of 1964 f I1Ui)-4 I Ynl I.
�. Altaeh a aiyrcd auuranec of compliance with Tltk Ypl of the Civil Ri$hta Art or 14 .n accuhvt: Order 11063 (111:1)0001,
•�111i.
a '
.•�'doogo,s
October 21, 1981 Patrick B. Lyons —
'FD —AT t•) _ IWAME!
• Chairman, Borad of County Commissionpr
• ITITLti)
I•'OR IiUD USE ONLY
TM run k
Approved
Not approved
(Bate) (SijnaturC of ho f)uecloc)
CC 1 211991
a
BOOK 47 FAGE '050
r - #
... OCT _�'11981
-. Boot
CERTIFICATIONS IN CONNECTION WIT" THE OPERATION
OF A SECTION 8 EXISTING HOUSING PROGRAM
Instructions: The applicant agency must provide assurances and certify to all of the following items.
The applicant agency hereby assures and certifies that:
(i) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto
(Title 24 CFR Part 1) which states that no person in the United States shall, on the ground of race, co',.-,.-
national
oixnational origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
discrimination under any program or activity for which the applicant receives financial assistance; and
immediately take any measures necessary to effectuate this agreement. With reference to the real proper;:
and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of property, the
transferee, for the period during which the real property and structure(s) are used for a purpose for which the
Federal financial assistance is extended or for another -purpose involving the provision of similar services
or benefits.
(ii) It will comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended, which prohibits
discrimination in housing on the basis of race, color, religion, sex or national origin, and administer its
programs and activities relating to housing in a manner to affirmatively further fair housing.
(iii) It will comply with Executive Order 11063 on Equal Opportunity in Housing which prohibits discrimination
because of race, color, creed, or national origin in housing and related facilities provided with Federal
financial assistance.
(iv) In establishing the criteria for the selection of tenants, the PHA or Owner will not utilize preferences or pri-
orities which are based on (1) the identity or location of the housing which is occupied or proposed to be
occupied or (2) upon the length of time the applicant has resided in the jurisdiction. The PHA or Owner
shall treat non-resident applicants who are working, or have been notified that they are hired to work,
in the jurisdiction as residents of the jurisdiction.
(v) If the proposed project is to be located within the area of a local Housing Assistance Plan (HAP), the
applicant will take affirmative action to provide opportunities to participate in the program to persons
expected to reside in the community as a result of current or planne"eployment.
10/21/81
(Date)
Patrick B: Lyons
(Title) (Si atu eJ
Chairman, Board of County ommissioners
* G. P.O. 1976-641-224 / 1709. REGION NO. 4
Replaces Ferns HUD -912 and HUD -41901, which ars obsolete HUD -916 (4-76)
� � i
APPOINTMENT OF FULL-TIME COUNTY ATTORNEY
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously approved the
appointment of Gary Brandenburg as full time County Attorney,
effective as of December 1, 1981.
PROPERTY APPRAISAL ADJUSTMENT BOARD
Attorney Collins announced that the Property Appraisal
Adjustment Board hearings are scheduled to begin Monday,
November 16th in the County Courtroom at the Courthouse at
8:30 A.M., and he did not anticipate a heavy schedule.
ATTORNEY TO REPRESENT COUNTY IN SUIT
On Motion by Commissioner Scurlock, seconded by
Commissioner Bird, the Board unanimously authorized Attorney
Collins to represent the County in a lawsuit filed against
the County by Mike Williams as a result of the recently
adopted Ordinance regulating the sale of drug paraphernalia.
16TH STREET PROGRESS REPORT
On Motion by Commissioner Scurlock, seconded by
Commissioner Fletcher, the Board unanimously made the
following -report on 16th Street a part of the record.
TO: The Honorable Members of the DATE: - October 15, 1981 FILE:
Board of County Commissioners
SUBJECT: 16th Street Progress Report
FROM: Neil A. Nelson, REFERENCES:
County Administrator
DESCRIPTION AND CONDITIONS
As directed by the Board during the September 30, 1981 meeting, the following
progress report is submitted to the Board to fulfill Placement of 16th Street
on each County Commission agenda.
The Traffic Engineer was directed by the Board during the Oct. 7, 1981 meeting
to study the 16th Street Corridor as his first priority within the study area
assigned. Based.on this direction, the Traffic Engiener has initiated the fol-
lowing:
1) 16th Street has been assigned as the first corridor to be studied.
79
-BOOK 47' PAGE 852
r OCT
211981
Bain 47 f,' U -E
2) The first traffic count station (Station #1) has been located on
16th Street approximately 300' east of 10th Avenue. The County's
old counter has been set up at Station #1.
3) The roadway inventory has begun as the first step in a 4 -phase
study (inventory -analysis -recommendations -priority)
The inventory and analysis phase can be completed on 16th Street in an
expeditious manner as soon as adequate Traffic counters and equipment arrive.
Recommendations to some extent can perhaps be generalized. A thorough recom-
mendation and the setting of priorities cannot be adequately addressed until
the study area has been analysed throughout. Reports to the Board will continue
on the 16th Street Corridor Study to keep all members and the public informed.
ACTION ON F.I.T. PARCEL AND BUDGET RECOMMENDATION FOR
ASSOCIATION OF RETARDED CITIZENS
Action on both the above items was deferred until the
next agenda.
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. 77591 - 77723 inclusive. Such
bills and accounts being on file in the Office of the Clerk
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute Book,
as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 6:50 o'clock
P.M.
Attest:
Clerk
W?
Chairman
ORO �